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M. Exhibit 13 - E-mail dated August 26, 2009 from David A. Bailey, Esq., counsel <br />for RMCC, to Timothy J. Flanagan, Esq., counsel for the McCanne Ditch <br />Company, conveying McCann Ditch Mitigation Plan (see also Exhibits 2-11 at <br />pgs. 17-19). <br />N. Exhibit 14 - Aerial photograph of southern portion of Application area. <br />0. All exhibits necessary for rebuttal. <br />P. All exhibits designated by other parties or the Division. <br />Pursuant to Rule 2.6(2)(b) of the Construction Materials rules, and with the exception of <br />Exhibit 12 which is being provided to the Division and the parties, RMCC believes that all of its <br />exhibits listed above have been provided to objector the McCann Ditch and Reservoir Company <br />or are available for review and copying at the office of the DRMS, 1313 Sherman Street, <br />Room 215, Denver, Colorado 80203. <br />Respectfully submitted this 29th day of October, 2009. <br />David A. Bailey <br />Jeffrey W. Schwarz <br />Carver Schwarz McNab & Bailey, LLC <br />1600 Stout Street, Suite 1700 <br />Denver, CO 80202 <br />Telephone: 303-893-1815 <br />Fax: 303-893-1829 <br />Email: dbailey@cksmb.com <br />jschwarz@cksmb.com <br />On behalf of Applicant Ready Mixed Concrete Company <br />4