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AFFIDAVIT <br />MINING SETBACK FROM RIVER <br />STATE OF COLORADO ) <br />)ss. <br />County of Weld ) <br />In accordance with the commitment of Aggregate Industries-WCR, Inc. under <br />Permit No. 1999-098, Riverview Resources, the undersigned Affant states that a strip of <br />land located along the southern boundary of Cell 3, as noted on the Exhibit C Mining <br />Plan for said permit, was mined to within 100 -feet from the pit edge to the top of the <br />nearest river bank of the Cache La Poudre River between the months of October, 2004 <br />and March, 2005, and that a 200 -foot buffer zone was established between the edge of the <br />pit and top of the river bank by bsckfiliing said area by April, 2005. This buffer zone <br />was further extended by additional backf ling and sloping in Cell 3 during the permit <br />year ended July 13, 2006. <br />During the permit year ended July 13, 2007, there has been no mining within 200 <br />feet of the Cache La Poudre River. <br />(SEAL) <br />Dated this a8' day of ,rah Y , 2007. <br />Subscribed and sworn to before me this /1 ¶day of <br />2007 by Mice McAfee, Plant Manager of the Riverview Reso <br />Aggregate Industries -WCR, Inc. <br />Witness my hand and official seal. <br />My Commission expires: o?-- J - <br />AFFIANT: <br />Aggregate Industries -WCR, Inc. <br />By: Oteidej <br />Notary Public <br />• • )'on for <br />