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AGREEMENT <br /> NOW THEREFORE, the parties hereby agree that, as to: <br /> A. Pattern of Violations <br /> 1 . The Order to Show Cause shall be amended to specifically reference <br /> NOV C-89-033 and to include NOV Nos . C-90-014, C-90-029, C-90-049, C-90-050, <br /> C-90-051 , and C-90-052. NOV Nos. C-90-014 , C-90-029 , C-90-049, C-90-050, <br /> C-90-051 , and C-90-052 were issued as a resul t of three separate inspections <br /> within a six month period between May, 1990 and October, 1990. <br /> 2 . In consideration for reaching this agreement, Mid-Continent agrees <br /> not to contest that the cited violations constitute a pattern of violations <br /> caused by an unwarranted failure to comply with the requirements of its permit <br /> and the Colorado Surface Coal Aining Reclamation Act. <br /> The Division will not seek revocation of the permit based on the <br /> cited pattern of violations so long as aid-Continent performs the appropriate <br /> corrective action. This settlement agreement and the proposed Order, attached <br /> as Exhibit A and incorporated into this settlement agreement by reference, <br /> specify such corrective action. <br /> 3. M-ld-Continent shia, , cv�i1Nl ctc ,,he rcyil i red uvutcnicnts i or irvr <br /> 1-90-049 , C-90-050, C-90-051 , C-90-052 . <br /> If violations are not abated as required, then the Board may, or <br /> request of the Division , revoke the permit if it finds , after a hearing in <br /> which to consider all relevant facts and circumstances , that did-Continent <br /> tailed to perform the required abatement, unless demonstrates <br /> -cc. ���w^c� for tale fall'u-e t� perform suc'1 2tlatement Thn rroCeeding chall ha <br /> Z _ -- <br /> held in accordance with' the administrative procedures act, and Mid-Continent <br /> shall receive 20 days prior notice. '.1pon performance o` the abatement the <br /> S4 ,000 civil penalty shall be vacated. <br /> ,1 . `Jotning in this agreement shall be constr-jed to relieve 'lid-Continent <br /> of its obligations to maintain the site in compliance wit,l all applicable <br /> statutes , regulations and p'�r;ni: conditions . <br /> The Division may enforce any such violations pursuant to the terms of <br /> the permit, Colorado Surface Coal dining and Reclamation Act, and the <br /> regulations promulgated thereunder. <br /> B. Reclamation Bond <br /> 1 . Mid-Continent shall not resume active mining operations , without <br /> providing the Division ..iith a current appraisal of any and all real property <br /> securing such performance bond , which appraisal shall be performed by a person <br /> agreed upon by the parties. For the collateral bond to be sufficient, the <br /> appraised value of the real property must exceed the estimated reclamation <br /> cost and the bond amount as listed on the collateral bond form by at least <br /> -3- <br />