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~ D y 9i - a ~_s~ <br />999 <br />FLATI RON® <br />COMPANIES <br />POST OFFICE BOX 229 BOULDER, COLORADO 80306 PHONE (303) 499-1441 FAX: (303) 499-2122 <br />December 3, 199~~~~~~~~ <br />DEC 0 5 1991 <br />Mr. Steve Renner <br />Mined Land Reclamation Division Mined Land <br />1313 Sherman 'Street, Room 215 declamation <br />Denver CO 80203 ~)~~S~Or <br />Dear Mr. Renner: <br />On December 2, 1991, Walden Coal Company received the attached <br />Notice of Proposed Amount of Civil Penalty which was mailed by your <br />office on November 29, 1991. The above notice concerns a Notice of <br />Violation Number C-91-025, attached, dated and mailed October 23, <br />1991 by your office. <br />Section 5.04.3(2) of the Regulations of the Colorado Mined <br />Land Reclamation Board for Coal Mining states that the Division <br />must notify the person issued a notice of violation of the proposed <br />civil penalty within 30 days after the issuance of the notice of <br />violation. In that the Mined Land Reclamation Division failed to <br />comply with the Section 5.04.3(2), Walden Coal believes that MLRD <br />is precluded from now issuing a Notice of Proposed Amount of Civil <br />Penalty and from assessing any penalty in this matter. <br />Even though Walden Coal Company strongly believes that MLRD <br />cannot now assess a penalty in this matter, it is returning the <br />Request for Conference in order to preserve its rights under that <br />procedure. <br />Very truly yours, <br />~~_ <br />Scott A. Patten <br />Managing Partner <br />