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Minutes, August 26-27, 1992 16 <br /> Staff said that currently, there is no buyer for the mine, and when the <br /> electricity is shut off on September 7, 1992, the underground portion <br /> of the mine will become inaccessible. Therefore, the Division' s <br /> position is that the Settlement Agreement is in effect at this time and <br /> that reclamation should commence accordingly. Due to the operator' s <br /> bankruptcy, they have not been able to demonstrate the capability to <br /> perform reclamation as outlined in the Agreement. Staff said that <br /> since this demonstration cannot be made by the operator, the terms of <br /> the Agreement have been violated, and the Division would endorse a <br /> decision to revoke the permit. Staff further discussed other major <br /> concepts that had been incorporated into the Settlement Agreement. <br /> Regarding permit revocation, Staff said the Division' s opinion is that <br /> the operator would still be required to abate outstanding violations. <br /> Staff said the operator would be required to perform in accordance with <br /> the terms of the permit and in compliance with the regulations , the <br /> Coal statutes , etc. The Division would continue to inspect the site on <br /> a regular basis and would be required , to issue enforcement actions when <br /> necessary. <br /> The Division recommended that the Board revoke the operator' s permit <br /> and establish a final reclamation schedule, as outlined on Page 5 of <br /> the Settlement Agreement. Staff said the Settlement Agreement may need <br /> to be modified and that proposals for its modification will be <br /> presented to the Board during the fall of 1992. Failure to comply with <br /> the reclamation schedule would lead to bond forfeiture. <br /> Staff said the operator, with the approval of the bankruptcy court, has <br /> entered into a contract with a structural demolition company. Staff <br /> said that as the operator"proceeds with --reclamation-, the State'-s <br /> reclamation liability will be reduced further with each facility that <br /> is removed from the site. Staff said revocation should resolve the <br /> Show Cause issue. Staff discussed this matter in detail . <br /> Mr. Jim Holden, the bankruptcy counsel for the operator, stated that he <br /> agreed with the information presented by the Staff. He clarified that <br /> facilities removal is not currently taking place, although a contract <br /> has been established with a demolition company in order for this to <br /> occur.. At this , time - the contractor i-s- eoncentratiag -on. the removal of <br /> underground equipment for its salvage value, as well as underground <br /> toxic waste removal . He said that over a period of two to three years , <br /> the mining equipment will be stored in one place and advertised for <br /> sale. Mr. Holden said the operator does not contest the revocation of <br /> the permit. <br /> Ms . Diane Delaney, representing the operator, was also present, and she <br /> discussed the reclamation being conducted at the site , as well as <br /> planned reclamation. She said structures and surface facilities not <br /> designated for post-mining land use would be removed . Ms . Delaney said <br /> equipment such as dozers , frontend loaders and graders will be left on <br /> the site for several years and used to complete reclamation. <br /> The Board discussed concerns regarding the Division ' s interest in the <br /> rock dust plant at the site . Mr. Frank Johnson, Assistant Attorney <br />