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' (3) '1'hc dcrlrcr_ ~a C. Cault. associ.;iCe<1 c:~i l:h this violation <br />is negligence. Through a ]ack of d.ilicl~~nce the Copsoi.l stock- <br />pile was not mulched and seeded for a period of nine days. <br />There was an intent Co mulch and seed the topsoil from the time <br />it was stripped. An assessment of $150; 00 is proposed. <br />(4) 47alden Coal fully intended to mulch and seed the <br />topsoil stockpiles. The stockpiles were not immediately <br />mulched and seeded as the required materials were not available <br />to the mine superintendent. The stock piles were properly pro- <br />tected by April 24. A fetter was sent Co the Uivis.ion on April <br />30 stating that the rcyuired protection had been applied. The <br />actual time period het~ieen stock pi.linrl and prol-ecCiny was only <br />nine days. Based on the above good faiCh acts, 6~aldcn Coal <br />believes that the proposed penalty of 5000.00 for Nov f11-16 <br />should be reduced to zero. <br />Walden Coal Company firmly believes Chat the above proposals <br />are fair and equitable to L-he parties involved. <br />The Northgatc LoadouC has presented bJalden Coal and its pre- <br />decessors with unique problems in light of the changing regulations <br />over the past year. Walden Coal acknowled~les that it could have <br />been more diligent in determining the cr.act status of the North- <br />gate Loadout. However, Ydalden Coal wants the Division Co clearly <br />understand that it has acted in good faiCh and with every inten- <br />tion of complying with the applicable reyu,laCi.ons. nt no time <br />did Walden Coal knowi.nyly or recklessly violate or disregard the <br />Division's regulations or instructions. The at~ove notices of <br />violation were the result of a well intentioned operator trying <br />to comply with Division's regulations but noC properly communi- <br />cating with the Division on what was exactly rcyuired of the <br />operator. <br />Walden Coal hopes that the ilear.ing O@ficcr finds the above <br />comments useful. Please contact Scott Patten, 444-2151, if <br />additional information is rcyuired. <br />. ._. Respectfully, _~ <br />~ -- <br />c... <br />Scott A. Patten <br />Vice President <br />- 3- <br />