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MCATEE CONSTRUCTION COMPANY <br />P.O. Box 1908 <br />STERLING, COLORADO 80751 <br />(970) 521-0651 <br />STATE of o ) <br />CUJNIY of LOGAN ) <br />AFFIDAVIT <br />Darren Gebhart, being first duly sworn upon oath, deposes <br />and says: <br />1. He is the Vice President of McAtee Construction Company, a <br />Colorado Corporation, and is empowered to act for and on <br />behalf of said corporation in all respects in connection <br />with any applications, petitions, contracts, correspondence, <br />bonds or activities with or before the Colorado Mined Land <br />Reclamation Board under the provisions of the Colorado Mined <br />Land Reclamation Act. <br />2. The area identified on Map Exhibit PR-1 attached to this <br />request is the area being released. That all applicable <br />portions of the Reclamation Plan as they pertain to the <br />areas being released in the mine known as the Riverside Pit, <br />M-1976-056 have been completed and are in accordance with <br />the rules and requirements of the Act. <br />Darren Gebhart, Vice President <br />SUBSCRIBED and sworn to before me this , <br />day of , 2009 by Darren Gebhart as Vice <br />President of McAtee Construction Company. <br />Notary Public <br />My commission expires: <br />(notarial seal)