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implement the Approved Revision and, based there- <br />on, do the work required by the Approved Revision. <br />b. Upon completion of the work required by the <br />Approved Revision, as determined by OSM, OSM will <br />terminate NOV Nos. 94-020-352-003 and 94-020-352- <br />006 and the CO. OSM's determination shall not <br />limit in any way DMG's authority under the <br />Colorado program to determine whether the work <br />complies with the Approved Revision. <br />c. Upon OSM's termination of NOV Nos. 94-020-352-003 <br />and 94-020-352-006 and the CO, Kerr will: 1) file <br />motions to withdraw all applications and petitions <br />for review filed in Kerr v. OSM, Docket Nos. DV <br />94-12-R, DV 94-18-R, DV 94-20-R, DV 95-1-P, and DV <br />95-2-P; 2) file a motion to dismiss Kerr v. <br />Babbitt, Civil Action No. 94-Z-2463; and <br />3) withdraw its request for informal review of the <br />notice of proposed assessment (the NOPA) associ- <br />ated with NOV No. 94-020-352-006. <br />d. Each party shall be responsible for its own <br />attorney fees and costs incurred in Kerr v. OSM, <br />Docket Nos. DV 94-12-R, DV 94-18-R, DV 94-20-R, DV <br />95-1-P, and DV 95-2-P, and in Kerr v. Babbitt, <br />Civil Action No. 94-Z-2463. <br />5. OSM, based on requests made by Kerr on December 2 and <br />renewed on December 9, 1994, hereby confirms that it granted <br />an extension of time to abate NOV No. 94-020-352-006 to and <br />including March 12, 1995. OSM agrees to grant further <br />extensions of time to abate NOV No. 94-020-352-006, so long <br />as Kerr is diligently and in good faith pursuing its obliga- <br />tions under this Agreement. <br />6. OSM has issued to Kerr: 1) an assessment conference report <br />(the conference report) which proposed a civil penalty asso- <br />ciated with NOV No. 94-020-352-003 in the amount of $2,400; <br />and 2) the NOPA associated with NOV No. 94-020-352-006 in <br />the amount of $2,400. OSM hereby acknowledges that, in both <br />the conference report and the NOPA, it misapplied the civil <br />penalty formula by relying on narrative statements regarding <br />Kerr's alleged degree of negligence which have no factual <br />support. Consequently, OSM hereby lowers the civil penalty <br />assessments proposed in the conference report and the NOPA <br />in each instance from $2,400 to $1,300. Kerr, for its part, <br />denies the validity of the revised penalty assessments but <br />will nonetheless, subject to the terms of this Agreement, <br />withdraw its contest of the civil penalty assessment pro- <br />posed in the conference report and its request for informal <br />4 <br />