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i. To facilitate the transfer of the Extension Tunnel Permit from PCMD #9 to MineWater <br /> and establish a framework for future termination of the Extension Tunnel Permit as <br /> specified herein; and <br /> j. To facilitate the transfer of the Water Tunnel Permit from London Mine, LLC to <br /> MineWater; and <br /> k. To enable PCMD #9 to make additional improvements to the Extension Tunnel Facility, <br /> specifically approving the use of a sulfide based reagent as a chemical addition to the <br /> treatment process; and <br /> 1. To have this Consent Order and Settlement Agreement supersede and replace the 2004 <br /> Stipulation. <br /> DIVISION'S FINDINGS OF FACT AND DETERMINATION OF VIOLATIONS <br /> 13. Based upon the Division's investigation into and review of the compliance issues identified herein, <br /> and in accordance with 55 25-8-602 and 605, C.R.S., the Division has made the following <br /> determinations regarding London Mine, LLC, the Water Tunnel Facility, and the London Mine, <br /> LLC's, the Estate's and Meyer's compliance with the Act and the Water Tunnel Permit. <br /> 14. At all times relevant to the alleged violations identified herein, London Mine, LLC was a limited <br /> liability company formed in accordance with Colorado law. <br /> 15. In addition to naming London Mine, LLC, the Division named both the Estate and Meyer - in her <br /> capacity as Personal Representative for the Estate and the Manager of London Mine, LLC - as <br /> respondents in its July 30, 2015 Notice of Violation/Cease and Desist Order/Civil Penalty Order <br /> (Number 10-150730-1). <br /> 16. London Mine, LLC, the Estate, and Meyer are "persons" as defined under the Water Quality <br /> Control Act, 5 25-8-103(13), C.R.S. and its implementing permit regulation, 5 CCR 1002-61, 5 <br /> 61.2(73). <br /> 17. Pursuant to 5 CCR 1002-61, 5 61.8, London Mine, LLC, is required to comply with all the terms and <br /> conditions of the Water Tunnel Permit, and violations of such terms and conditions as specified in <br /> the Water Tunnel Permit may give rise to civil and criminal liability pursuant to 55 25-8-601 <br /> through 25-8-612, C.R.S. <br /> London Mine, LLC, et al. C O L O R A D O <br /> Compliance Order on Consent and Settlement Agreement �® Department of Public <br /> Page 5 of 23 Health 6 Environment <br />