2008-10-17_PERMIT FILE - M2008017

• Permit No: M2008017
• IBM Index Class Name: PERMIT FILE
• Doc Date: 10/17/2008
• Doc Name: Adequacy Review Response
• From: J&T Consulting, Inc.
• To: DRMS
• Email Name: MAC
• Media Type: D
• Archive: No

October 17, 2008
Mr. Karl E. & Jeanette Snow
503 Cherry Avenue
Greeley, Colorado 80631
Re: Agreement for Compensation for Damage to Structures within 200 feet of
mining activities
Mr. & Mrs. Snow:
Broken Arrow Investments, LLC has applied to Weld County (County) for a Use by
Special Review Permit, and to the State of Colorado's Division of Reclamation,
Mining, and Safety (DRMS) for a Reclamation Permit to allow sand and gravel
mining on property within 200 feet of structures located on your property. The
Colorado Mined Land Reclamation Act provides protection for your property, and
specific protection for your structures located within 200 feet of the mining activities.
DRMS Permit approval requires a notarized agreement between the applicant and
owners of structures within 200 feet, providing compensation for any damage to the
structure; or preparation of an engineering evaluation acceptable to the DRMS,
demonstrating that such structures shall not be damaged by the mining activities if
an agreement cannot be reached.
Broken Arrow Investments, LLC has had an engineering evaluation performed to
determine acceptable setbacks from their proposed mining permit boundary and
mining limit to structures adjacent to the mining. The proposed mining slopes and
setbacks were analyzed using the XSTABL v5.105a computer program. XSTABL
was designed to analyze the slope stability of earth embankments subjected to
several critical situations that may occur during the life of the embankment. The
procedure searches for circular shear failures and automatically searches for the
lowest safety factor. 2,000 separate failure surfaces were analyzed for each case.
The required minimum safety factors are based on the current standards used by the
Colorado State Engineer's Office (SEO) for high hazard embankment dams, and
industry accepted standards for the evaluation of embankments during construction.
The safety factors attained using the setbacks shown on the attached Mining Plan
are greater than the required safety factors specified by the SEO for an earth
embankment during construction, and an earth embankment subjected to
earthquake loading, based on the United States Geological Survey earthquake peak
acceleration factors for the area. This evaluation indicates that damage to structures
adjacent to the mining should not occur, even during earthquake conditions, which
are very unlikely to be present.
Broken Arrow Investments, LLC 699 North 1" Avenue Greeley, Colorado 80631