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<br />B.J. Fett, Esq. <br />Page 2 <br /> <br />form the remaining reclamation by honoring the letter of credit <br />and paying the MLRD the amount of $58,200.00. Such payment would <br />relieve the Bank of any further obligation to perform recla- <br />mation, but would not settle the enforcement action involving <br />Notice of Violation C-91-010. <br />In his letter, Mr Lamoreux states that the Bank would like to <br />appeal the MLRD's decision to the Board at the present time. <br />However, Mr. Lamoreux's request is premature. The MLRD has not <br />yet issued a final decision. The MLRD has extended a settlement <br />offer pursuant to §34-33-123(8)(c), C.R.S. If the offer is not <br />accepted, the MLRD may fix the penalty at whatever amount it <br />deems appropriate. Section 34-33-123(8)(d), C.R.S. Requests for <br />a hearing must comply with all statutory and regulatory require- <br />ments, including the requirement for the operator to forward the <br />amount of the penalty to the MLRD for placement in an escrow <br />account prior to the hearing pursuant to §34-33-123(8)(f), C.R.S. <br />Thank you for your attention to this matter. i continue to hope <br />that we can reach an amicable agreement as discussed in my letter <br />of December 24. <br />Sincerely, <br />FJ <br />cc: Steve <br />David <br />Harry <br />Enclosure <br />Renner, MLRD <br />Berry, MLRD <br />Ranney, MLRD <br />F/O~/R THE ATTORNEY GENERAL <br />FRANK R. J HNSON <br />Assistan Attorney General <br />Natural Resources Section <br />(303) 620-4700 <br />AG Alpha No. NRLRICACJ <br />AG File No. E9216915.3 <br />