2009-03-17_PERMIT FILE - M2008078 ‎(3)‎

• Permit No: M2008078
• IBM Index Class Name: PERMIT FILE
• Doc Date: 3/17/2009
• Doc Name: Adequacy Review 01 Response with Attachments
• From: J&T Consulting, Inc.
• To: DRMS
• Email Name: MAC
• Media Type: D
• Archive: No

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Winston and Judy Nyquist
7991 Shaffer Parkway, Suite 200
Littleton, CO 80127
February 16, 2009
Re: Agreement for Compensation for Damage to Structures within 200 feet of mining
activities
Mr. & Mrs. Nyquist:
GP Ranches, LLC has applied to Prowers County (County) for a Special Use 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 adjacent to the property. The Colorado Mined Land Reclamation Act provides
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 of the mining activities, providing compensation for
any damage to the structure; or preparation of an engineering evaluation acceptable to
the DRMS, demonstrating that such structure(s) shall not be damaged by the mining
activities if an agreement cannot be reached.
GP Ranches, 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 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 indicated that
damage to structures adjacent to the mining should not occur, even during earthquake
conditions, which are very unlikely to be present.
With this letter, GP Ranches, LLC requests your authorization to conduct mining and
reclamation activities within 200 feet of your structure(s). In return for this authorization,
GP Ranches, LLC agrees to provide fair compensation for any damage to your
structure(s) resulting from its mining and reclamation activities. Your notarized signature
GP Ranches, LLC 7991 Shaffer Parkway, Suite 200, Littleton, CO 80127 [phone]