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EME Solutions, Inc. <br />-~ 15248 W. Ellsworth Drive <br />Golden, CO 80401 <br />May 2, 2006 <br />Ms. Maureen Jacoby <br />Banks and Gesso, LLC <br />720 Kipling, Suite 117 <br />Lakewood, CO 80215 <br />Dear Maureen, <br />At your request, I have evaluated the potential for mining or mining-related activities at <br />the proposed Oglebay Jemadojin Mine to adversely affect the fence along Dearing Road <br />on property owned by Robert & Jane Norris, Trustees. <br />Section 6:4.19 of Construction Materials Rule 6, states that "Where the mining operation will <br />adversely affect the stability of any significant, valuable and permanent man-made structure <br />located within two hundred (200) feet of the affected land, .. ,the applicant shall provide an <br />appropriate engineering evaluation that demonstrates that such structure shall not be damaged <br />by activities occurring at the mining operation ..." <br />The proposed sand mine pit is over 3,000 feet from the fence in question. The mining <br />activities will have no adverse affect on the fence. The proposed access road for the mine <br />will be between 30 and 75 feet from the fence (depending on the final location). The <br />access road construction will involve only minor regrading, placement of road base, and <br />construction of a shallow roadside ditch. The access road will handle truck traffic. The <br />disturbance from the access road is not expected to extend beyond the proposed limits of <br />the road and roadside ditch. It is my engineering opinion that the proposed mining <br />operations and mining-related activities will not adversely affect or damage the fence <br />along Dearing Road on property owned by Robert & Jane Norris, Trustees. <br />Please call me at 303-279-1707 if you have any questions <br />Sincerely, <br />John L.Jankousky, <br />Colorado P.E. 30941 <br />cc: File <br />Telephone: 303-279-! 707 Email: j Ij@eme-so Wtions.com <br />Facsimile: 303-279-1795 Web: www.eme-solutions.com <br />