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STATE OF COLORADO <br />DIVISION OF RECLAMATION, MINING AND SAFETY <br />Department of Natural Resources <br />1313 Sherman St., Room 215 <br />Denver, Colorado 80203 <br />Phone: (303) 866-3567 <br />FAX: (303) 832-8106 <br />COLORADO <br />D IV IS I ON OF <br />RECLAMATION <br />MINING <br />SAFETY <br />DATE: <br />TO: <br />FROM: <br />RE. <br />October 31, 2008 <br />Michael Cunningham <br />Allen Sorenson <br /> <br />Slope Stability Report Review, Broken Arrow Investments, LLC, <br />Derr Pit, File No. M-2008-017 <br />Bill Ritter, Jr. <br />Governor <br />Harris D. Sherman <br />Executive Director <br />Ronald W. Cattany <br />Division Director <br />Natural Resource Trustee <br />The Division of Reclamation, Mining, and Safety engineering staff (DRMS) have reviewed the Slope Stability <br />Report provided with the above reference permit application. DRMS does not necessarily concur with all of <br />the assumptions and determinations included in the report, as listed here: <br />1. The internal friction angle input to the analyses for the slurry wall is too high. However, the slurry <br />wall is not a factor in any of the lowest safety factor potential failure surfaces, so the results and <br />conclusions contained in the report are unaffected. <br />2. The minimum safety factor selected for the report is said to have been taken from the Colorado State <br />Engineer's Dam Safety Regulations. In fact, the selected safety factors are from the State Engineer's <br />regulations for dam stability at end of dam construction. The State Engineer's criteria for long term <br />dam stability are much more restrictive (1.5 safety factor as opposed to 1.3). Also, the safety factors <br />for dam safety where shale or claystone foundation is present, as it is at the toe of the proposed Derr <br />Pit mined slopes, may require consideration of the residual strength of the shale or claystone, and the <br />residual strength would be much less than the shear strength input for weathered bedrock for the Derr <br />Pit analyses. <br />Regardless of the foregoing, the DRMS has determined that the setbacks and mine slopes proposed for the <br />Derr Pit are protective of nearby infrastructure and can be approved. Critical to this determination is the mine <br />plan requirement to maintain excavated slopes at an angle no steeper than 311:1 V at all times during operation <br />of the pit. Therefore, the Operator must be notified that the DRMS will consider mining at an excavation <br />slope of steeper than 3H:1 V to be a serious violation of the permit that will initiate an immediate enforcement <br />action. <br />c:\acs files ft Documents 4-19-06 thn,\derr pit ctnh;i'tr < i g dos -- <br />-------^ <br />Office of Office of <br />Mined Land Reclamation Denver • Grand Junction • Durango Active and Inactive Mines