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III IIIIIIIIIIIII III <br />UJ~oming Fuel Com~en~ <br />12055 W. Second Place • P.O. Box 15596 • Lakewood, Colorado 80215 • Telephone (303) 969-5037 <br />GEOFFREY WESTON <br />VICE PRESIDENT ~ dEVELOPMENT <br />RECEiiIED <br />September 6, 1988 <br />Mined Land Reclamation Board <br />1313 Sherman Street, Room 423 <br />Denver, Colorado 80203 <br />S r P 61988 <br />MINED LAND <br />RECLAMATION DIVISION <br />Re: Request for Formal Review and Public Hearing -- <br />Notice and Order to Pay Fixed Penalty Under <br />Cessation Order No. C-88-017 -- <br />Permit No. C-81-013 <br />Ladies and Gentlemen: <br />Pursuant to C.R.S. $ 34-33-123(8)(f) and 2 C.C.R. 407-2, $ $ <br />5.03.5(1)(c) and 5.04.4(1), Wyoming Fuel Company ("WFC") requests <br />the Mined Land Reclamation Board ("NLRB") for formal review and a <br />public hearing concerning the Notice and Order to Pay Fixed <br />Penalty issued by the Mined Land Reclamation Division ("MLRD") on <br />August 4, 1988 and received by WFC on August 8, 1988. <br />WFC contests both the amount of fixed penalty and the fact <br />of the alleged violation. WFC believes that the circumstances <br />leading to the issuance of the Cessation Order have been <br />misconstrued by the MLRD, that the Cessation Order was improperly <br />issued, and that the statutory and regulatory guidelines for the <br />setting of penalties have been misapplied in this situation. On <br />July 1, 1988, WFC filed with the NLRB a Request for Review of the <br />Cessation Order itself. WFC believes that it would be <br />appropriate for the NLRB to consolidate the hearing requested in <br />this letter with the hearing requested in WFC's July 1, 1988 <br />letter, pursuant to C.R.S. S 34-33-123(8)(f) and 2 C.C.R. 407-2, <br />S 5.04.4(2). <br />Pursuant to C.R.S. $ 34-33-123(8)(f) and 2 C.C.R. 407-2, $ <br />5.04.4(1), WFC has today forwarded $11,000, the amount of the <br />fixed penalty, to the MLRD , <br />Very truly yours, <br />~~ ~ w~~- <br />Geoffrey Weston <br />Vice President - Development <br />GW/ch <br />