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4 . Based on these settlement negotiations , it has now been <br /> agreed between the parties that Respondent will vacate <br /> alleged violation 3 of 5, and that Petitioner will pay a . <br /> reduced civil penalty assessment of $0 for violation 1 of 5, <br /> and $800 for violation 5 of 5. Accordingly, Respondent will <br /> refund to the Petitioner the amount of $2, 400 from the = <br /> escrow amount of $3, 200 submitted in conjunction with the <br /> Petition to Review in Docket No . DV 0-5-P. <br /> Based on stipulated motion of the parties, it is ordered as <br /> follows : <br /> 1 . Alleged violation 3 of 5 in OSM Notice of Violation <br /> No. 79-V-18-3 is vacated. <br /> 2. Violations 1 of 5 and 5 of 5 in OSM Notice of Violation <br /> No. 79-V-18-3 were validly issued , and in settlement thereof <br /> Petitioner is assessed the following civil penalties : <br /> Violation 1 of - 5 - $ 0. 00 civil penalty <br /> Violation 5 of 5 - $800. 00 civil penalty. <br /> 3. The sum of $2, 400. 00 , with statutory interest, is to be <br /> refunded to Petitioner from the $3,"200. 00 escrow account <br /> maintained relative to this final determination of all <br /> matters pending in Docket No. DV 0-5-P. <br /> 4 . Petition for Review of Proposed Assessment of Civil <br /> Penalty in Docket No. DV 0-5-P is dismissed with prejudice . <br /> Hary y C. weitzer <br /> Adm nistrative Law Judge <br /> See page 3 for distribution <br /> 2 <br />