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G. VERKAIK & ASSOCIATES, Inc. ENGINEERS & ARCHITECTS Gerard Verkaik, P.E. dames P. Verlcaik, A.I.A. January 30, 1998 Agile Stone Systems, Inc. 6435 S. Pontiac Court Englewood, CO 80111 Attention: Mr. Bill Fehr, Chairman Subject: Agile Stone Systems Pazkdale Project Fremont County, Colorado Our Project No. 970807 Dear Mr. Fehr, The purpose ofthis letters is to satisfy the Minerals and Geology Department's requirement that any swctwes within 200 feet of the permit area will not be affected by the operations. Our office was responsible for evaluating the permit area's topography, mine plans and structural designs. There are only 3 structures within 200 feet of any operation within the permit area and Agile's operation near these structures is quite limited. The first is the railroad right of way which contains 2 structures: the railroad tracks and communication lines. The right of way is under abandonment by the Union Pacific Railroad. No trains run on the tracks and it is expected to be sold within the next month or so. Agile plans to construct berms and railroad tracks within 200 feet of the right of way. The berms will be built at the edge of -he right of way with gravel type material being piled north away from the right of way at slopes of 2.5:1 to 3:1. Such slopes and location wi 11 prevent the berms from collapsing, sliding or in any way damaging the railroad tracks or communication lines in the right of way. The railroad tracks on the permit property will be built to the right of way by Agile. The UPRR will build any required switches on their right of way and bring their tracks to the permit area where the 2 sets of tracks will meet. Railroad activities on the right of way are not directed or controlled by Agile. Limited excavation of a maximum couple of feet will be conducted to remove any top soil, adjust track grade and prepare the roadbed. Such excavation work in the permit by Agile or the right of way by the railroad will not impact each other. The tracks will be connected with connecting track and joint bats as is commonly done. Since both tracks must work together, neither one can damage the other. The placement of track from the permit side will not be neaz the 831 Royal Gorge Blvd., Suite 418 Cason City, Colorado 81414