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applicable local, state, and Federal laws. It is in the best <br /> interests of the People of the State of Colorado that it should <br /> do so. <br /> AGREEMENT <br /> NOW THEREFORE, the parties hereby agree that: <br /> 1. The Order to Show Cause shall be amended to include NOV <br /> Nos . C-90-049, C-90-050, C-90-051 and C-90-052 in the pattern of <br /> violations cited. <br /> 2. The cited violations constitute a pattern of violations <br /> caused by an unwarranted failure of Mid-Continent to comply with <br /> the requirements of its permit and the Colorado Surface Coal <br /> Mining Reclamation Act. <br /> 3 . The cited pattern of violations does not justify permit <br /> revocation so long as Mid-Continent takes immediate and decisive <br /> steps to correct existing problems to prevent future violations . <br /> This settlement agreement and the proposed Order, attached as <br /> Appendix A and incorporated into this settlement agreement by <br /> reference, specify such corrective action. Upon approval by the <br /> Mined Land Reclamation Board ( "Board" ) , failure to comply with <br /> the terms of the Order shall justify immediate permit revocation <br /> and bond forfeiture. <br /> 4. The performance bond on the site shall be increased by <br /> $800,000 .00 to a total of $3,800,000. 00. The deficiency in the <br /> performance bond shall be immediately due and payable. <br /> 5 . The terms of this agreement are such that Mid-Continent <br /> shall be permitted an opportunity to sell the mine to a qualified <br /> purchaser able to post all required performance bonds, and per- <br /> mitted an opportunity to abate the violations identified in the <br /> NOV' s. Accordingly, the Division shall not initiate any action <br /> to forfeit the reclamation bond or collect the deficiency unless <br /> Mid-Continent first fails to perform one of its obligations under <br /> this agreement, or one of the conditions identified in this <br /> agreement fails to occur . <br /> 6. By April 12, 1991, Mid-Continent shall provide the <br /> Division with a report from an independent auditor, nay small oe <br /> a cr e 'Jed Public accountant and shell bF ap,,roved the Div. - <br /> sion, demonstrating that it does not have the current ability to <br /> provide the Division with the $800,000 . 00 increase in the perfor- <br /> mance bond, or any portion thereof . In addition, Mid-Continent <br /> shall provide the Division with copies of its last two quarterly <br /> -2- <br />