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<br />7. Pursuant to the Award of Arbitrator, it was determined <br />that the Mining Lease was orally amended to provide that Monks <br />Construction was responsible for obtaining the proper mining <br />permits. As soon as Monks Construction received the Award of <br />Arbitrator, it immediately initiated the corrective procedures <br />outlined in the Hoard's Notice of Corrective Action and Order to <br />Pay Civil Penalty. Specifically, Monks Construction has <br />submitted an amended application to amend the existing permit to <br />encompass the disturbance at the Property, and timely complied <br />with all requests of the Board. Monks Construction will continue <br />to work with the Board to complete all necessary corrective <br />procedures. <br />8. Monks Construction has at all times acted in good faith <br />to resolve the permitting groblem regarding the Property. Monks <br />Construction did not intend any disrespect for the Board by not <br />timely following the Board's directives. Rather, Monks <br />Construction acted so as not to severally prejudice its case in <br />the arbitration proceedings. <br />WHEREFORE, R.E. Monks Construction Company respectfully <br />requests that the Mined Land Reclamation Board vacate the civil <br />penalty assessed against it as set forth in the Notice of <br />Corrective Action and Order to Pay Civil Penalty. <br />Dated: <br />May 19 , 1993. <br />R.E. MONKS CONSTRUCTION COMPANY <br />Dane Mo cs <br />G:\r\p\1857013.1 <br />- 3 - <br />