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4. Based on these settlement negotiations , it <br /> was agreed between the parties that Respondent would vacate <br /> alleged volation 3 of 5 and that Petitioner would pay a <br /> reduced civil penalty assessment of $0 . for violation of 1 <br /> of 5 and $800. for violation 5 of 5. Accordingly, Respon- <br /> dent would refund to the Petitioner the amount of $2400 from <br /> the escrow amount of $3200 submitted in conjunction with the <br /> Petition to Review in Docket No. DV 0-5-P. <br /> WHEREFORE, the parties jointly move , <br /> 1. That the agreement into as described herein <br /> be accepted; <br /> 2. That alleged violation 3 of 5 in OSM Notice <br /> of Violation No. 79-V-18-3 be vacated by OSM. <br /> 3. That Petitioner agrees that violations 1 of 5 <br /> and 5 of 5 in OSM Notice of Violation No. 79-V-18-3 were <br /> validly issued and in that settlement thereof , Petitioner is <br /> assessed the following civil penalties : <br /> Violation 1 of 5 - $0 civil penalty <br /> Violation 5 of 5 - $800 civil penalty <br /> 4. That the sum of $2400 with statutory interest <br /> be refunded to Petitioner from the $3200 escrow account <br /> maintained relative to this final determination of all <br /> matters pending in Docket No. DV 0-5-P; <br /> 5. That the Petition for Review of Proposed <br /> Assessment of Civil Penalty in Docket No. DV 0-5-P be dis- <br /> missed with prejudice; and <br /> 6. That an Order be entered in Docket No. DV 0- <br /> 5-P in accordance with the terms of this agreement and Joint <br /> Motion for Consent Decision. <br /> Respectfully submi ted <br /> ZL Z C 'i <br /> Date :,, t, c- 2 / •��� B� { �{ Y <br /> Davi r .S # 2 <br /> Delaney & Balcomb, P. C . <br /> P. O. Drawer 790 <br /> Glenwood Springs , CO 81602 <br /> Telephone ( 303) 945-6546 <br /> Attorney for Mid-Continent <br /> Resources , Inc . <br /> -2- <br />