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32 <br /> coal mine in the area. <br /> Mr. Long said that by the end of the year, the Division should <br /> receive a response to its request for a rule-change to allow <br /> some highwall retention on reclaimed sites. <br /> The Board terminated the highwall settlement agreement with <br /> American Shield Coal Company. <br /> 24 . FORMAL PUBLIC HEARING <br /> MID-CONTINENT RESOURCES, INCORPORATED File No. C-81-017 <br /> Coal Basin Mines. Assistant Attorney General, Cheryl Linden <br /> presented an Order and a September 21, 1993 letter to the <br /> Board. <br /> Staff said the Division wanted the Board to forfeit the Mid- <br /> Continent Resources reclamation bond. Staff said the bond <br /> held by the Division on the site is in the form of a first <br /> lien on a rock dust plant. <br /> In 1990 the Division issued a Show Cause Order to the <br /> operator, due to their unwarranted failure to comply with the <br /> permit and the Coal Regulations. In May of 1991 the Board <br /> entered into a settlement agreement with the operator which <br /> stipulated that a particular reclamation schedule would be <br /> adhered to by the operator. The agreement also allowed the <br /> operator a time frame to attempt to transfer the site to a <br /> solvent operator. <br /> From September of 1991 to July of 1992 potential purchasers <br /> negotiated with the operator to purchase the site. Staff said <br /> that none of the negotiations resulted in the sale of the <br /> mine. <br /> During its August 1992 Meeting, the Board revoked the permit <br /> and ordered the operator to reclaim the site in accordance <br /> with the May 1991 Board Order and the permit. From August of <br /> 1992 through August 1993 the operator initiated and <br /> accomplished some reclamation of the site. <br /> Staff said that through site inspections and acknowledgement <br /> by the operator, the Division determined that the operator is <br /> no longer in compliance with the Board ordered reclamation <br /> schedule. Staff said the operator indicated he would not be <br /> able to reach compliance of the 1991 reclamation schedule. <br /> Staff said that due to a very limited, short-term funding <br /> arrangement to accomplish reclamation and the fact that the <br /> operator could not complete reclamation at the site, the <br /> Division determined that, in the best interest of achieving <br /> reclamation, the reclamation of the site should be contracted <br /> to a third party. <br />