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iii iiiiiiiiuiu iii ,- <br />999 <br />STATE OF COLORADO <br />DIVISION OF MINERAiS AND GEOLOGY <br />Department o! Natural Resources <br />1313 Sherman SI„ Room 215 <br />Denver, Colorado 80203 <br />Phone: (303) 866-3567 <br />FAx: (303)832.8106 <br />December 7, 2001 <br />DIVISION O F <br />MINERALS <br />GEOLOGY <br />RECLAMATION <br />MINING•gAFETY <br />Mr. Steve Baker Bill Owens <br />3B Enterprises Governor <br />P.O. Box 1665 Geg E. Walther <br />Craig, CO 81625 Ezecuuve Dheclor <br /> bUChael 8. Long <br /> Division Drtecror <br />RE: 3B Enterprises, File No. M-2001-060 / <br />Deakins Pit, Engineer's Report <br />Dear Mr. Baker, <br />This letter is in response to your letter, dated November 19, 2001, and the attachment submitted to the Division of <br />Minerals and Geology (DMG), relating to the railroad vacks located adjacent to the Deakins Pit permit area. Based on <br />commitments included in [he letter and attatchment, the Division can permit the gravel pi[ excavation at the Deakins Pi[ <br />to be conducted to within 40 feet of the toe of [he railroad embankment. The 40-foot setback is [o be measured from <br />the toe of the railroad embankment to [he crest of the gravel pi[ inslope. The rationale for the DMG's determination <br />that 40 feet is a safe setback rests primarily on the Operator's commitment to maintain the pi[ slope at an angle no <br />steeper than 3H:1 V. It is important that the Operator be notified [hat i[ is the DMG's position that any mining <br />excavation within 40 feet of the toe of the railroad embankment will be considered a permit violation and that any pit <br />slopes within 200 feet of the toe of [he railroad embankment found to be steeper than 3H:1 V will also be-considered a <br />permit violation. The requirement to maintain 3H:1 V slopes with 200 feet of the railroad embankment is applicable <br />both during the conduct of operations at the pit and at the time of reclamation. The Operator may gain approval of less <br />restrictive setbacks and pit slope requirements by securing an agreement with [he railroad in accordance with §34-32.5- <br />115(4)(e), C.R.S. or by submitting quantitative slope stability analyses demonstrating that less restrictive criteria will <br />be protective of the railroad. <br />As a general rule, the DMG considers the stability of 3H:1 V cut slopes in a sand and gravel deposit to be axiomatic. <br />The DMG will also typically approve setback distances from structures to near vertical gravel pit highwalls that are at <br />least two-times the maximum pit depth, without requiring any quantitative slope stability analysis. There are site <br />specific exceptions to these guidelines, but none appear applicable to the slopes under consideration at the Deakins Pit. <br />If you have any questions, please contact me at (303)866-4935. <br />Sincerely, <br />~~~k%~~ <br />Kate Pickford <br />Environmental Protection Specialist <br />cc: Carl Mount; DMG <br />