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State of Colorado <br />Mined Land Reclamation Board <br />Department of Natural Resources <br />In the Matter of: Rimrock Coal Company Notice of Violation No. C-93-005 <br />Rimrock Strip Mirie <br />Permit No. C-89-074 <br />To: Rimrock Coal Company and all other persons engaged in or owning or controlling <br />the following operation: Rimrock Strip Mine, Las Animas County, Colorado. <br />Pursuant to a request received from Rimrock Coa! Company per Rule 5.04.4 of the <br />Regulations of the Colorado Mined Land Reclamation Board for Coal Mining, and <br />pursuant to the authority vested in the State of Colorado Mined Land Reclamation Board by <br />C.R.S. 34-33-123(8)(f) and 34-33-124 and Rules 5.04.4 and 5.03.5, the Board held a <br />Formal Public Hearing regarding an appeal to contest both Notice of Violation C-93-005 and <br />its associated fixed civil penalty of S1 ,000.00. This Formal Public Hearing was held on <br />April 22, 1993. <br />Findings of Facf <br />Pursuant to the authority vested in the State of Colorado Mined Land Reclamation Board by <br />C.R.S. 34-33-124 and Rule 5.03 of the Regulations of the Colorado Mined Land <br />Reclamation Board for Coal Mining, the Board hereby makes the following findings of fact: <br />On December 29, 1992, Rimrock Coal Company provided to the <br />Division a report from a registered professional engineer that the <br />sediment pond embankment for the Rimrock Strip Mine had been <br />constructed with a 1.5H:1 V upstream side slope, a 2.5H:1 V <br />downstream side slope, and that a majority of the inside of the pond <br />was incised. <br />2. On January 12-13, 1993, the Division conducted an inspection of the <br />Rimrock Strip Mine and determined that the upstream side slope was <br />built as steeply as 1 .33H:1 V in places, and that the downstream side <br />slope was built as steeply as 1.6H:1 V in places. <br />3. The Division, during its review of the original mine permit application, <br />approved the upstream and downstream side slopes of the pond <br />embankment at 2H:1 V. <br />4. An appropriate analysis of pond embankment stability, allowing for <br />upstream and downstream slopes to be steeper than a combined 5H:1 V <br />gradient, as described in Rule 4.05.6(11)(fl, had not been provided to <br />the Division. <br />