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~~-,, • . <br />r: <br />Justification of Settlement Agreement <br />for <br />Cessation Order Number CO-93-054 <br />Rimrock Coal Company <br />Rimrock Strip Mine-Permit Number C-89-074 <br />An Assessment Conference was convened to consider Ce.s~ation Order <br />No. CO-93-054 on Wednesday, June 16, 1993 at 1:OU`'PM~at 1313 <br />Sherman Street, Room 719, Denver,. Colorado. In attendance at this <br />conference were Mr. Mark P. Rerr of Landmark Reclamation; Inc., Mr. <br />Greg .. Lewicki, P.E. of Greg Lewicki and Associates;; Mr. Dan <br />Hernandez of the Division of Minerals and Geology, and Mr.•James B. <br />McArdle of the Division of Minerals and Geology, Active and <br />Inactive Mine Program and presiding Assessment Conference gfficer. <br />Cessation Order Number CO-93-054 was written by Mr. Joseph J. <br />Dudash on April 10, 1993. This Cessation Order was issued for <br />failure to achieve sufficient compaction to ensure stable <br />embanlonent slopes with a minimum safety factor of 1.3. Corrective <br />action required the operator to reconstruct the embankment in <br />compliance with Technical Revision No 1, 4.05.6(11), and applicable <br />requirements of 4.05.9(3) for embankments in excess of 10 feet in <br />vertical height. Complete reconstruction and submit certification <br />required by 4.05.6 and 4.05.9(13)(b) by April 23, 1993. <br />Mr. Dan Hernandez provided a discussion of the stability problems <br />associated with this sediment pond pointing out the nature and <br />location of the tension cracks, sloughage and the proximity of <br />Engleville Gulch. Failure of this sediment pond could result in <br />adverse offsite impacts. Mr. Mark Kerr requested that the <br />Cessation Order be vacated based upon a detailed analysis of the <br />sediment pond dam by Mr. Greg Lewicki, P.E. Mr. Kerr also stated <br />that he believed that the tension cracks were not due to stability <br />problems but were as a result of the wetting and drying of the <br />soil. Mr. Lewicki stated that the actual safety factor was in <br />excess of 1.3 and that the dam was built according to the plan, <br />with the exception of the placement of loose material at the <br />surface to encourage revegetation efforts. Mr. Lewicki stated that <br />the tension cracks were of this loose surficial material and did <br />not extend into the compacted dam thus did not adversely affect the <br />structures stability. The loose material was an extra item and was <br />not included in the permit by oversight. Supporting data was <br />provided to Mr. Dan Hernandez for analysis by the staff. <br />After some discussion, I, James B. McArdle, concluded that the <br />Cessation Order was justified and would not be vacated. The cracks <br />