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(3) The degree of fault associated with this violation is negligence. Through a lack of diligence the topsoil stock- pile was not mulched and seeded for a period of nine days. There was an intent to mulch and seed the topsoil from the time it was stripped. An assessment of $150.00 is proposed. (4) Walden Coal fully intended to mulch and seed the topsoil stockpiles. The stockpiles were not immediately mulched and seeded as the required materials were not available to the mine superintendent. The stock piles were properly pro- tected by April 24. A letter was sent to the Division on April 30 stating that the required protection had been applied. The actual time period between stock piling and protecting was only nine days. Based on the above good faith acts, Walden Coal believes that the proposed penalty of 5600.00 for Nov 81-16 should be reduced to zero. Walden Coal Company firmly believes that the above proposals are fair and equitable to the parties involved. The Northgate Loadout has presented Walden Coal and its pre- decessors with unique problems in light of the changing regulations over the past year. Walden Coal acknowledges that it could have been more diligent in determining the exact status of the North- gate Loadout. However, Walden Coal wants the Division to clearly understand that it has acted in good faith and with every inten- tion of complying with the applicable regulations. At no time did .~alden Coal knowingly or recklessly violate or disregard the Division's regulations or instructions. The above notices of violation were the result of a well intentioned operator trying to comply with Division's regulations but not properly communi- cating with the Division on what was exactly required of the operator. Walden Coal hopes that the Hearing Officer finds the above comments useful. Please contact Scott Patten, 444-2151, if additional information is required. Respectfully Scott A. Patten Vice President - 3-