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• <br />offered the opportunity for an informal conference. <br />7. In May 1993 Mr. Weaver removed waste oil and fuel products from the mine <br />and obtained a letter from the local utility company acknowledging <br />responsibility for the power poles. This was confirrned by a site inspection on <br />June 10, 1993• <br />8. On June 29, 1993 an informal conference was held in Gunnison. During this <br />meeting, attended by Mr. Weaver, the land owner, and the bank, the <br />reclamtion liability was discussed. The Division agreed to recalculate the <br />reclamation liability. <br />9. On July 12, 1993 the Division recalculated the reclamation liability to be <br />$46,482. <br />10. On July 12, 1993 the Division issued a proposed decision to increase the <br />reclamation liability bond amount from $36,000 to $46,482. <br />11. On August 13, 1993, Mr. Weaver requested a formal hearing of the Division's <br />decision, pursuant to Rule 3.02.2(4)(c). <br />12. The requested hearing was held September 22, 1993. <br />CONCLUSIONS OF LAW <br />1. Rule 3.02.2(1), "The amount of the bond shall be sufficient to assure the <br />completion of the reclamation plan if the work had to be performed by the <br />Board, through independent contractors, in the event of forfeiture." <br />2. The minimum bond amount necessary to ensure proper reclamation at the O.C <br />Mine No. 2 is $46,482. <br />BOARD ORDER <br />1. The operator shall either reduce the reclamation liability of the mine within 45 <br />days or within 60 days of this order, increase the reclamation bond from <br />$36,000 to $46,482. <br />2. Failure to comply with the terms of this order shall result in the issuance of a <br />Notice of Violation. <br />