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i <br />r <br />10. On July 12, 1993, the Division issued a proposed decision to increase the reclamation liability <br />bond amount from $36,000 to $46,482. <br />11. On August 13, 1993, the operator requested a formal hearing of the Division's decision before <br />the Mined Land Reclamation Board, pursuant to Rule 3.02.2(4)(c). <br />12. The requested hearing was held September 22, 1993. <br />13. During the September hearing the Board was apprised of the current operating status of the <br />mine. <br />a. The mine is currently in temporary cessation. <br />b. The operator of the mine does not have the money to post the additional bond amount. <br />c. The operator wishes to comply with the Division's requirement to have a bond equal to the <br />reclamation cost liability. <br />d. The operator has worked to reduce the reclamation liability of the mine site through removal <br />of fuel, oil, and other liquid wastes. <br />e. The operator stated that he would continue to work to reduce the reclamation liability <br />through the removal and sale of equipment and scrap. <br />f. The operator has had a good compliance record and has maintained the sediment control <br />system, and performed maintenance on time. <br />g. The NPDES monitoring and quarterly pond inspections have been faithfully conducted. <br />h. The required liability insurance has been maintained, as has the NPDES permit. <br />14. The Board hearing was continued until December 16, 1993, to allow the operator additional <br />time to reduce the reclamation liability. <br />15. An inspection conducted by the Division on December 9; 1993, showed that the operator had <br />further reduced the reclamation liability by removing scrap iron, electric motors and fuel tanks. <br />16. On December 13, 1993, the Division recalculated the reclamation liability estimate to be <br />$40,898. This calculation included the work that the operator had done, as well as other valid <br />changes in the cost estimate. <br />17. During the December 16, 1993, hearing, the Board was apprised of the operators work to <br />reduce the reclamation liability, and that the operator had taken time off his job to work at <br />reducing the reclamation liability. <br />18. Also during the December 16, 1993 hearing, the Division informed the Board that the operator <br />has been diligent in maintaining the mine and is willing to continue working at the site. <br />