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upon written approval of DRMS. The Division will use good faith efforts to <br /> promptly review and respond operations requests. <br /> 34. Butala Construction will pay the Total Penalty Due in monthly installments of <br /> $5,000; beginning the month following the Board Order and continuing for a <br /> period of twelve (12) months. The twelfth and final payment will be in the <br /> amount of$4,000. Butala Construction will make each payment on or before the <br /> 151h day of each month. <br /> 35. It is agreed that Butala will coordinate with other jurisdictional agencies, such <br /> as EPA and CDPHE, to ensure that Butala is in compliance, or comes into <br /> compliance, with all relevant requirements. The Division reserves any right it <br /> has under its authority to compel evaluation of impacts and to otherwise enforce <br /> the Permit. <br /> 36. The Division and Butala recognize that this Agreement has been negotiated in <br /> good faith and that the actions undertaken by Butala in accordance with this <br /> Agreement do not constitute an admission of any liability. Butala does not <br /> admit, and retains the right to controvert in any subsequent proceedings, other <br /> than MLRB or related District Court proceedings to implement or enforce this <br /> Agreement or the Permit, the validity of any findings of facts, conclusions of law, <br /> and determinations in this Agreement. <br /> 37.Butala agrees that failure to comply with all requirements specified in this <br /> Agreement constitutes failure to comply with a Board Order and may result in <br /> the scheduling of an enforcement hearing before the Board. At that hearing, the <br /> Division may request additional civil penalties, corrective actions and a cease- <br /> and-desist order. <br /> 38.This Agreement will be deemed fully satisfied upon payment of all penalties by <br /> Butala (except any suspended penalties that do not become payable), payment of <br /> the additional Financial Warranty, approval of the Permit Amendment, and <br /> incorporation of the final AOC and SOW into the Permit. <br /> 39.This Agreement does not supplant, alter, impair or negate the applicable <br /> requirements in the Colorado Land Reclamation Act for the Extraction of <br /> Construction Materials or accompanying Rules and Regulations. <br /> 7 <br />