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2 . The number of violations cited on more than one occasion of different <br /> requirements of the Act, the Rules , or the permit. The fact that <br /> there were seven enforcement actions taken on six different <br /> inspections indicates that a pattern existed at the mine . <br /> In addition , two other Notices of Violation (C-90-014 and C-90-015) were <br /> issued for failure to maintain the surface water control plan . Those <br /> violations were under administrative review when the Show Cause Order was <br /> issued. <br /> As a result of the Show Cause Order, Mid-Continent Resources , Inc . and the <br /> Division negotiated a settlement agreement. the settlement agreement provided <br /> for five steps to occur; <br /> 1 . In consideration for reaching the agreement Mid-Continent would not <br /> contest the violations . In return the Division would not seek <br /> revocation of the permit so long as appropriate corrective actions <br /> were performed; <br /> 2. Prior to resuming mining activities Mid-Continent would provide a <br /> current appraisal of their bond and upgrade the bond if necessary; <br /> 3. Mid-Continent would attempt to market the mine and transfer the permit; <br /> 4. Mid-Continent would maintain the site; and <br /> 5. If unable to market the site or re-open the mine, Mid-Continent would <br /> begin reclamation of the mine. <br /> Subsequent to this agreement six additional violations were issued to <br /> Mid-Continent. They were : <br /> NOV C-91-008 <br /> Failure to install culverts in accordance with the approved plan. <br /> NOV C-91-015 <br /> Failure to maintain refuse disposal area diversion ditch . <br /> C-91-016, C-91-017, and C-91-018 <br /> Failure to maintain haul roads . <br /> C-91-022 and C-91-023 <br /> Failure to consolidate and cover non coal waste. <br /> With the approval of this revision and Technical Revision 23 the abatement <br /> will be completed . Settlement agreements have been reached and penalties <br /> assigned in accordance with our administrative procedures . <br /> II . Land Use - Rules 2.04.3 2.05. 5 and 4. 16 <br /> There is no change in the land use section of the permit. The applicant plans <br /> to reclaim the disturbed areas to a post-mining land use of rangeland, wildlife <br /> habitat, and recreation, which are consistent with pre-mining land use . <br /> -6- <br />