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1 • • Mr. James Kent January 26, 1981 -2- in making the "seriousness" assessment. Bob Liddle did this, but Jim Herron did not, and I think it would make the discussion flow better if it were clear to the company and its representatives exactly which part of the regula- tion, rather than general statements, was being relied upon. Third, it would be most helpful to have a statement from the staff as to whether or not it believes that 5.04.5(2)(d) is applicable to each instance. In that way, the company will know whether the responsible staff reclama- tion specialist considered any efforts to mitigate and achieve compliance, or if those considerations were taken into account in the other assessment phases. At the time of the hearing, Jim Herron indicated that the assesment for Notice of Violation 80-41 was in line with all previous assessments. I would request that the previous assessments and penalties paid for topsoil violations under the MLRB statutes be made available to me for inspection. I recognize that this is not a formal freedom of information request, and if you require one, I would be happy to submit one. However, it seems to me that in the course of negotia- tion of these assessments, it is entirely appropriate to provide me with the information that the staff reclamation specialists relied upon in making their determinations. I am amenable to either one of two approaches in conducting this review: (1) you can send me copies with a bill for the cost of reproduction for all of the penalty assessments that involved topsoil violations; or (2) you can let me know when it would be convenient to come up and review all of those. We have had a generally good relationship with the reclamation specialists of the Mined Land Reclamation staff and appreciate their candor and professionalism in dealing with the company's operations. We look forward to receipt of your decision and will abide by the time frame as I understand it. The time frame is that we have ten (10} days from receipt of your proposed decision in which to review the same and inform you whether we will accept the penalties as assessed or wish proceed further. If we take the latter course of action, you will formally assess the penalties, and we have ten (10) days thereafter in which to file our notice that we wish to have the matter heard by the Board as a whole.