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STATE OF COLORADO <br />DIVISION OF RECLAMATION, MINING AND SAFETY <br />Department of Natural Resources <br /> p O L O RA N OF <br />1313 Sherman St., Room 215 F <br />Denver, Colorado 80203 RECLAMATION <br />Phone: (303) 866-3567 M <br />MINING <br />FAX: (303) 832-8106 SAFETY <br />MEMORANDUM Bill Ritter, Jr. <br />Governor <br />Mike King <br />Executive Director <br />To: Michael Cunningham, Environmental Protection Specialist Loretta Pineda <br />Director <br />From: Tim Cazier, P.E., Environmental Protection Specialist <br />Date: December 9, 2010 <br />Re: Revised Slope Stability Analyses Review for Derr Pit TR-01, Permit No. M-2008-017 <br />The Division of Reclamation, Mining and Safety engineering staff (DRMS) have reviewed the <br />revised Slope Stability analyses submitted with the December 7, 2010 TR-01 Adequacy Review <br />- 02 Comment Responses for the Derr Pit, Weld County, Colorado prepared by J&T Consulting <br />for Broken Arrow Investments, LLC. This reviewed focused on the stability analysis related to <br />the change from dry mining with a slurry wall in place to wet mining (prior to construction of the <br />proposed slurry wall). <br />Based on information provided via email and telephone discussions with J.C. York (J&T <br />Consulting) on December 6, 2010, and the subject stability analyses results, DRMS has <br />determined the setbacks and mine slopes proposed for the Derr Pit are protective of nearby <br />infrastructure and can be approved pursuant to Rule 6.5. Critical to this determination is the <br />mine plan requirement to restrict wet mining to within the interim mining limit (110 to 120 feet) <br />from the final mining limit as shown on Sheet 1 of Exhibit C - Mining Plan Map. Therefore, the <br />Operator must be notified that DRMS will consider wet mining outside the interim mining limit <br />to be a serious violation of the permit that will initiate an immediate enforcement action. <br />DRMS appreciates the use of conservative parameters and slope geometry used in the subject <br />analyses. We further understand that the location representing the proposed dragline loads in the <br />analyses is not representative of proposed mining practices, nor is it likely the dragline will <br />actually be located as close to the crest of the excavation slope as represented in the analyses. <br />However, DRMS encourages the operator to follow safe mining practices, adhere to MSHA <br />regulations, and follow the equipment manufacturer's recommendations for safe operation of <br />mining equipment. <br />Office of Office of <br />Mined Land Reclamation Denver • Grand Junction • Durango Active and Inactive Mines