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WITNESSES <br /> 1. Forrest Leaf, P.E., Leaf Engineering, to testify as an expert witness concerning his <br /> investigation of the application herein. Mr. Leafs resume is attached hereto as <br /> Exhibit "A." <br /> 2. Frank Eckhardt, or another representative of the Western Mutual Ditch will testify <br /> as to the operation of the Ditch, the potential effect of Applicant's proposed mining <br /> activities on the Ditch and its shareholders, and conditions necessary to prevent <br /> injury. <br /> DATED this 4th clay of June, 2001. <br /> LIND, LAWRENCE & OTTENHOFF LLP <br /> By: <br /> Kim F4. Law—re e, #8366 <br /> P. Andrew Jones, #29076 <br /> Attorneys for Michael Ptasnik <br /> 1011 11th Avenue <br /> Greeley, CO 80631 <br /> (970) 356-9160 <br /> FAKIMMESTERN-MUT\Platte Sand\Pleadings\010604 DMG Pre-Hearing Statement.wpd <br /> 3 <br />