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the form of a deed of trust encumbering property which includes a <br /> rockdust plant. <br /> In 1989 and 1990, the Division issued numerous notices of <br /> violation against Resources. Such notices formed the basis for a <br /> pattern of violations. In July 1990, the Division then issued an <br /> order to show cause why Resources' permit should not be revoked <br /> or suspended. Resources requested a hearing in front of the <br /> Mined Land Reclamation Board ("Board") . Resources indicated that <br /> it intended to sell the mine site. <br /> In May 1991, Resources and the Division entered into an <br /> agreement concerning the order to show cause. Pursuant to the <br /> settlement agreement, Resources was allowed an opportunity to <br /> sell the mine site, but if such efforts failed, Resources was <br /> required to perform reclamation according to a schedule estab- <br /> lished by the Division. <br /> Resources agreed not to contest that the violations consti- <br /> tuted a pattern of violations, and the Division agreed not to <br /> seek revocation of the permit based on this pattern of violation <br /> if Resources performed the reclamation schedule set forth by the <br /> Division. The settlement agreement further required Resources to <br /> maintain the site in compliance with all applicable statutes, <br /> regulations, and permit conditions. <br /> The Board adopted this agreement as an order in May 1991 <br /> and commanded that Resources comply with its terms. The Board <br /> set a hearing for January 1992 , at which Resources was to make a <br /> showing that it could comply with the reclamation schedule. The <br /> order allowed the Board to revoke Resources' permit if it deter- <br /> mined that Resources was incapable of performing reclamation as <br /> scheduled, or if it found that Resources failed to perform the <br /> required reclamation. The order allowed the reclamation schedule <br /> to be amended for good cause shown, but a request to the Board <br /> for such an amendment was apparently never made by Resources. <br /> At the January 1992 hearing, Resources and the Division <br /> asked that the hearing be continued until August. The Board <br /> granted the continuance but ordered Resources to perform recla- <br /> mation of the mine site pursuant to the agreed-upon schedule. <br /> The Board in May 1992 moved the date for the commencement of <br /> reclamation from June 1992 to August 1992 . Aside from this <br /> amendment, the provisions of the original settlement agreement <br /> remained in full force and effect. <br /> A month after the continuance was granted in January, <br /> Resources filed for bankruptcy. The bankruptcy petition shows <br /> -2- <br />