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.l <br />~~ <br />John S. Retrum, Esq. <br />December 1, 1995 <br />Page 2 <br />2. Then, OSM must issue notices terminating NOV Nos. 94-020-352-003 and <br />94-020-352-006 and Cessation Order No. 94-020-250-1. (See ¶ 4.b). <br />3. Then, Kerr must file motions to withdraw or dismiss the pending cases and <br />withdraw its request for informal review of the NOPA for NOV No. 94-020-352-006. <br />(See ¶ 4.c). In connection with these motions two additional points are necessary to <br />implement the agreement regarding civil penalties in paragraph 6. <br />a. The motion in Docket No. DV 95-1-P (challenging the $2400 penalty for <br />the federal lands NOV) probably should be in the form of a stipulated settlement <br />and motion to dismiss which specifies that the penalty is settled at $1300. This is <br />needed for OSM to refund $1100 of the $2400 Kerr paid into escrow in that case. <br />b. The withdrawal of Ketr's request for informal review of the $2400 <br />NOPA for the non-federal lands NOV should be on the condition that the final <br />administrative assessment will be $1300, which Kerr will pay in the normally <br />prescribed time. <br />4. With the termination of the NOVs and the CO, OSM must take all steps <br />necessary to promptly remove Kerr and its officers, directors and affiliates from <br />the AVS list. (See ¶ 8). <br />I look forward to your comments on whether the foregoing is an accurate and <br />complete list of the actions necessary to complete the Settlement Agreement. <br />Sincerely yours, <br />DUFFORD & BROWN, P.C. <br />). <br />~;Cc ~tiv - <br />Richard L. Fany~ <br />cc: James T. Cooper <br />Ms. Cheryl Linden <br />Mr. Michael Long <br />1Rl%-1, l!/1N1 <br />