1994-03-21_GENERAL DOCUMENTS - C1981017

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Minutes, January 26-27, 1994 20 The Board said the operator could pursue discussions with the Division of methods by which the reclamation bond could be fully funded. No action was requested or taken by the Board, regarding this matter. It was MOVED that the Board go into Executive Session, in order to consider Item 17. SECONDED AND PASSED UNANIMOUSLY (Jouflas, Cooley, Danielson, Kraeger-Rovey, Stewart, Danni and McCannon) . 17 . EXECUTIVE SESSION In re: Mid-Continent Resources Inc. , update from the Board' s attorney on all issues related to this case. During Executive Session, Cheryl Linden, Assistant Attorney General, discussed aspects of the litigation and what actions would be taken. Staff Presentation by Dan Mathews: 18 . FORMAL PUBLIC HEARING PETITION FOR RULE-MAKING. Consideration of the Division' s petition to initiate rule-making. Proposed. amendmeats :to .the Rules and Regulat ion' s "for coal mining address*requirements for pre-law highwalls : Add New Rules 1. 04 (103a) , 4 . 14 .1 (2) (f) and 4 . 14 . 1 (2) (g) ; Amend Rules 4 . 14 . 1 (2) (a) , 4 . 14 .2 (1) , 4 . 14 .2 (1) (a) , 4 . 14 .2 (1) (b) , 4 .27.4 and 4 .27.4 (1) ; and Redesignate Rule 4 . 14 . 1 (2) (f) as New Rule 4 . 14 . 1 (2) (h) . All those wishing to give testimony were sworn. Staff presented EXHIBIT A, a January 26, 1994 memo to the Board and .a the program amendment -.or rule=.change submitted 'to 08M for consideration. Staff explained that this rule-making session would be initiated, in order to make changes to the existing State regulations which would bring them into alignment with Federal regulations. Staff said the Federal regulations were enacted on August 3 , 1977, and that these rule changes relate to pre- law highwall reclamation of surface and underground coal mines where highwalls were constructed prior to that time. Staff said that when changed, the State regulations would allow for less than complete highwall elimination, when