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KTEIVE <br /> 1(+AKumar ni Associates,Inc." 1 5 2025 2390 South Street <br /> 6eotechnical and Materials Engineers SEP Denver,CO CO 80223 <br /> and Environmental Scientists DN'SION OF C aCL7,M i IL phone:(303)742-9700 <br /> --= fP� I G AND S AFTEY email: kadenver@kumarusa.com <br /> www.kumarusa.com <br /> An Employee Owned Company <br /> Office Locations: Denver(HQ),Parker,Colorado Springs,Fort Collins,Glenwood Springs,and Summit County,Colorado <br /> Engineer Evaluation <br /> In regard to Elbert County Pit, Permit#M-1985-129 and the man-made structures that surround the mining area. <br /> ARS Sand &Gravel Company,LLC. has contacted the utility owners that surround the mine including Elbert County <br /> Road and Bridge Department, Mountain View Electric Association, and CenturyLink/Lumen. ARS Sand & Gravel <br /> Company, LLC_ was able to retrieve signed agreements with all entities except Century link/Lumen at this time. <br /> ARS Sand &Gravel Company, LLC. has contacted CenturyLink/Lumen multiple times and were eventually referred <br /> to their 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. Attached is the associated USIC Locate <br /> 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 have been <br /> found to be true through an Engineer Evaluation completed by ARS Sand & Gravel Company, LLC under the <br /> supervision of Kumar&Associates, Inc.: <br /> • CenturyLink's fiber line has been identified to run north and south along Elbert Road easement outside <br /> of the permitted area and therefore ARS Sand&Gravel Company,LLC would be in violation with the <br /> DRMS and CDOT for operating outside the allotted area approved to be mined. <br /> • The CenturyLink fiber line runs under the mine access road where it intersects Elbert Road on the east <br /> side of the mine.This road has been established since 1985 and from our research there haven't been <br /> any issues reported with CenturyLink/Lumen in this drive regarding any mining operation. <br /> • The fiber line is buried under the access road.This access point has been maintained by the County from <br /> the property line to Elbert Road,a distance of 30 feet,by the County for the past 40 years to prevent <br /> wash outs or road deterioration. <br /> • ARS Sand&Gravel Company, LLC.has been told by the previous mine operator that the fiber line along <br /> Elbert Rd.may have been abandoned when CenturyLink/Lumen took over from Qwest. <br /> • There is approximately 1,239 feet from the CenturyLink/lumen buried fiber line to the permitted mining <br /> area. In which case there is no justifiable reason for any excavation of any materials to take place near <br /> this area. Again,excavation in this area would be in the road easement granted to the State/County by <br /> the landowner and no private entity can operate in this area without first getting permission from the <br /> appropriate authorities. <br /> If you have any questions,feel free to contact Derek Garben @ 303-591-6420. <br /> Notary for prospective successor <br /> Signed:Joshua L. Barker,P.E. State of C brad.0 <br /> County of 3e,�-EQx4nt\ <br /> �pp0 L1CFN The foregoing instrument was acknowledged <br /> O JP•'Qq9 � ' Before me 5 ay of Spy �n� r <br /> �% . 2025. <br /> O : <br /> Notary Public: <br /> My commission expires: 05--rXe._0 <br /> 40174 <br /> •� <br /> �OF�S�l H��� SAGE STATEO F <br /> ''• C� NOTARY PUBLIC-STATE OF COLO]2,028 <br /> NOTARY ID 20164017577 <br /> f Z G MY COMMISSION EXPIRES MAY 6, <br />