1992-08-26_GENERAL DOCUMENTS - C1981017

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AGREEMENT NOW THEREFORE, the parties hereby agree that, as to: A. Pattern of Violations 1 . The Order to Show Cause shall be amended to specifically reference NOV C-89-033 and to include NOV Nos. C-90-014, C-90-029, C-90-049, C-90-050, C-90-051 , and C-90-052. NOV Nos . C-90-014 , C-90-029, C-90-049, C-90-050 , C-90-051 , and C-90-052 were issued as a result of three separate inspections within a six month period between May, 1990 and October, 1990. 2. In consideration for reaching this agreement, Mid-Continent agrees not to contest that the cited violations constitute a pattern of violations caused by an unwarranted failure to comply with the requirements of its permit and the Colorado Surface Coal Mining Recl amation Act. The Division will not seek revocation of the permit based on the cited pattern of violations so long as Mid-Continent performs the appropriate corrective action. This settlement agreement and the proposed Order, attached as Exhibit A and incorporated into this settlement agreement by reference, specify such corrective action. 3. Mid-Continent shall complete the required abatements for NOV Nos . C-90-049, C-90-050, C-90-051 , C-90-052. If violations are not abated as required, then the Board may, on request of the Division , revoke the permit if it finds, after a hearing in which to consider all relevant facts and circumstances , that Mid-Continent failed to perform the required abatement, unless Mid-Continent demonstrates good cause for the failure to perform such abatement. The proceeding shall be held in accordance with the administrative procedures act, and Mid-Continent shall receive 20 days prior notice. Upon performance of the abatement the $4,000 civil penalty shall be vacated. 4. Nothing in this agreement shall be construed to rel ieve Mid-Continent of its obligations to maintain the site in compliance with all applicable statutes , regulations and permit conditions. The Division may enforce any such violations pursuant to the terms of the permit, Colorado Surface Coal Mining and Reclamation Act, and the regulations promulgated thereunder. B. Re cl ama t i on Bond 1 . Mid-Continent shall not resume active mining operations, without providing the Division with a current appraisal of any and all real property securing such performance bond, which appraisal shall be performed by a person agreed upon by the parties. For the collateral bond to be sufficient, the appraised value of the real property must exceed the estimated reclamation cost and the bond amount as 1 isted on the collateral bond form by at least 15%. -3-