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ORDER AND AGREEMENT
<br /> 35. Based on the foregoing factual and legal determinations, pursuant to its authority under 5525-8-
<br /> 602 and 605, C.R.S., and in satisfaction of the alleged violations cited herein and in the
<br /> NOV/CDOs, No. 10-090715-1, No. 10-130321-1, and No. 10-150730-1, and associated Orders for Civil
<br /> Penalty, where applicable, the Division orders London Mine, LLC, the Estate, the Personal
<br /> Representative, Meyer, and MineWater, as subsequent purchaser of the London Mine and mineral
<br /> interests, to comply with all provisions of this Consent Order and Settlement Agreement, including
<br /> all requirements set forth below, as applicable to each Party.
<br /> 36. London Mine, LLC, the Estate, the Personal Representative, Meyer, and MineWater agree to the
<br /> terms and conditions of this Consent Order and Settlement Agreement. London Mine, LLC, the
<br /> Estate, the Personal Representative, Meyer, and MineWater agree that this Consent Order and
<br /> Settlement Agreement constitutes a notice of alleged violation and an order issued pursuant to §§
<br /> 25-8-602 and 605, C.R.S., and is an enforceable requirement of the Act. London Mine, LLC, the
<br /> Estate, the Personal Representative, Meyer and MineWater also agree not to challenge directly or
<br /> collaterally, in any judicial or administrative proceeding brought by the Division or by London
<br /> Mine, LLC, the Estate, the Personal Representative, Meyer, and MineWater against the Division:
<br /> a. The issuance of this Consent Order and Settlement Agreement;
<br /> b. The factual and legal determinations made by the Division herein; and
<br /> c. The Division's authority to bring, or the court's jurisdiction to hear, any action to
<br /> enforce the terms of this Consent Order and Settlement Agreement under the Act.
<br /> 37. Notwithstanding the above, London Mine, LLC, the Estate, Meyer, the Personal Representative,
<br /> and MineWater do not admit to any of the factual or legal determinations made by the Division
<br /> herein (including those in the Background section), and any action undertaken by MineWater
<br /> pursuant to this Consent Order and Settlement Agreement, shall not constitute evidence of fault
<br /> or liability by London Mine, LLC, the Estate, the Personal Representative, Meyer, or MineWater
<br /> with respect to the London Mine. London Mine, LLC, the Estate, the Personal Representative,
<br /> Meyer, THF, PCMD#9, and MineWater expressly reserve their rights to deny any of the Division's
<br /> factual or legal determinations and defend themselves in any third party proceeding relating to
<br /> the information identified in this Consent Order and Settlement Agreement.
<br /> 38. The Division agrees to dismiss its pending action before the Department involving the NOV/CDO
<br /> No. 10-130321-1 and its associated Order for Civil Penalty IP-150317-1, and its pending action
<br /> before the Colorado Office of Administrative Courts involving NOV/CDO/OCP No. 10-150730-1, and
<br /> any related or ancillary action involving water discharges from the London Mine Water Tunnel
<br /> pending as of the effective date of this Consent Order and Settlement Agreement.
<br /> Compliance Requirements
<br /> 39. Within thirty (30) calendar days of the effective date of this Consent Order and Settlement
<br /> Agreement, MineWater will initiate a detailed evaluation of the London Mine Water Tunnel
<br /> Facility's wastewater treatment system with the goal of determining appropriate mine water
<br /> management and treatment measures and the associated effect(s) on the quality of the Water
<br /> Tunnel discharge. This evaluation will include: an inventory of mine water flows, including
<br /> London Mine, LLC, etaat. ®� C O L R D O
<br /> Compliance Order onn Consent and Settlement Agreement Department atf publicPage 8 of 23 Health 6 Environment
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