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<br />Mike Long <br />October 29, 1996 <br />Page 2 <br />subsoil that was the subject of the NOV constitutes less than 1 % of the subsoil <br />involved in the salvage project. Moreover, very little of this soil was actually lost <br />as it was salvaged at the time of the inspection when the problem was <br />discovered. For this reason, while acknowledging that the loss of such a <br />resource is a serious issue, Mountain Coal requests a reduction in the penalty <br />assessment to reflect that only a very small quantity of subsoil was actually <br />affected. Thus, rather than characterizing the loss as being of "significant" <br />seriousness, Mountain Coal respectfully requests an adjustment to reflect that <br />the violation is in the mid-range of "low/moderate" on the seriousness scale. <br />Mountain Coal recognizes that this request for an additional modification of the <br />proposed settlement agreement is somewhat unusual in terms of the Division's <br />procedures. However, if the adjustments proposed above can be made at this <br />stage in the proceeding, it would expediently bring this matter to a close. <br />Naturally, I would be glad to visit with you should you have any remaining <br />questions or concerns. Thank you very much for your cooperation. <br />Very truly yours, <br />-~ 1 ,, ~ <br />R. Kirk Mueller <br />RKM:kIp <br />cc: Dave Berry <br />Susan McCannon <br />