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COA•1PtiN/CS <br /> Engineer Evaluation <br /> In regard to Elbert County Pit, Permit#M-1985-129 and the man-made structures that surround the <br /> mining area.ARS Sand &Gravel Co., LLC. has contacted all of the utility owners that surround the mine <br /> including Elbert County Road and Bridge Department, Mountain View Electric Association,and <br /> CenturyLink/Lumen.We were able to retrieve signed agreements with all entities but Century Link/Lumen <br /> at this time.We have contacted CenturyLink/Lumen multiple times and were eventually referred to their <br /> engineering department. Multiple messages have been left with them in attempts to retrieve a structure <br /> agreement but have not received any return phone calls or emails to date. I have attached the associated <br /> USIC Locate Ticket that was called in showing that the mine permit area is clear of their utilities. <br /> Please review the following Evaluation as an explanation of the mining area in regard to potential <br /> CenturyLink/Lumen utilities in question. <br /> As it pertains to the permitted mining site at Elbert County Pit. Permit#M-1985-129 the following facts <br /> have been found to be true through an Engineer Evaluation done by ARS Sand&Gravel Co, LLC: <br /> • CenturyLink's fiber line runs north and south along Elbert Road easement outside of the <br /> permitted area and therefore ARS Sand &Gravel Co, LLC would be in violation with the DRMS <br /> and CDOT for operating outside the allotted area approved to be mined. <br /> • The fiber line runs under the access road where it meets up to Elbert Road.This road has been <br /> established since 1985 and from our research there haven't been any issues reported with <br /> CenturyLink/Lumen in this drive regarding any mining operation. <br /> • The fiber line is buried 4 feet under the access road.This access point has been maintained by <br /> the county from the property line to Elbert Road,a distance of 30 feet, by the county for the <br /> past 40 years to prevent any wash outs or road deterioration. <br /> • I have been told that the line along Elbert Rd. may have been abandoned when <br /> CenturyLink/Lumen took over from Qwest. <br /> • There is approximately 1,239 feet from the CenturyLink/Lumen buried fiber line to the <br /> permitted mining area. In which case there is no justifiable reason for any excavation of any <br /> materials to take place near this area. Again,this would be in the road easement granted to <br /> the State/County by the landowner and no private entity can operate in this area without first <br /> getting permission from the appropriate authorities. <br /> If you have any questions,feel free to contact Derek Garben @ 303-591-6420. <br /> Notary for prospective successor <br /> Derek Garben,ARS Sand&Gravel Co, LLC State of Colorado <br /> Prospective Successor County of zp4.4E,rSOn <br /> The foregoing instrument was acknowledged <br /> SAGE MCLEMORE I Before me a d of s A- 2025. <br /> 1 NOTARY PUBLIC-STATE OF COLORADO I Notary Public: <br /> NOTARY ID 20164017577 I My commission expires: C)S-O(D- 4')a,3 <br /> 1 MY COMMISSION EXPIRES MAY 6, 202$ARS Companies 5190 Parfet St. Wheat Ridge,CO 80033 vws .arscompanics_corn (o)303-456-0010 <br />