2016-08-13_PERMIT FILE - P2016020 ‎(2)‎

• Permit No: P2016020
• IBM Index Class Name: Permit File
• Doc Date: 8/13/2016
• Doc Name: Compliance Order on Consent and Settlement Agreement
• From: Minewater
• To: DRMS
• Email Name: MAC
• Media Type: D
• Archive: No

70. As originally provided in the 2004 Stipulation and other agreements, London Mine, LLC, Meyer, the
Estate, the Personal Representative, and their successors and assigns agree to not oppose or
participate in any future water court application involving the London Mine Water Rights.
OFFSITE ACCESS
71. To the extent any plan submitted by MineWater requires access to property not owned or
controlled by MineWater, MineWater shall use its best efforts to obtain site access from the
present owners of such property to conduct required activities, and to allow Division access to
such property to oversee such activities. In the event that site access is not obtained when
necessary, MineWater shall notify the Division in writing regarding its best efforts and its failure to
obtain such access.
SITE ACCESS AND SAMPLING
72. The Division shall be permitted to oversee any and all work being performed under this Consent
Order and Settlement Agreement. The Division shall be permitted access to the Facility property
at any time work is being conducted pursuant to this Consent Order and Settlement Agreement,
and during reasonable business hours during any period work is not being conducted, for the
purposes of determining MineWater 's compliance with the Act, the Regulations, and this Consent
Order and Settlement Agreement. The Division shalt be permitted to inspect work sites, operating
and field logs, contracts, manifests, shipping records, and other relevant records and documents
relating to this Consent Order and Settlement Agreement or any requirement under this Consent
Order and Settlement Agreement and to interview MineWater personnel and contractors
performing work required by this Consent Order and Settlement Agreement. Nothing in this
paragraph limits or impairs the Division's statutory authorities to enter and inspect the Facility.
73. The Division may conduct any tests necessary to ensure compliance with this Consent Order and
Settlement Agreement and to verify the data submitted by MineWater. MineWater shall notify the
Division in writing of any sampling activities undertaken pursuant to any plan or requirement of
this Consent Order and Settlement Agreement a minimum of seventy-two (72) hours prior to the
sampling being conducted, and shall provide split samples to the Division upon request.
74. MineWater shall notify the Division in writing of any excavation, construction (including the
construction of monitoring wells) or other investigatory or remedial activities undertaken pursuant
to any plan or requirement of this Consent Order and Settlement Agreement a minimum of
seventy-two (72) hours prior to beginning the excavation, construction, or required activity.
MineWater shall provide the Division any blue print, diagram, construction or other permits for any
construction activity undertaken pursuant to this Consent Order and Settlement Agreement upon
request.
FORCE MAJEURE AND OTHER EVENTS PREVENTING OR DELAYING PERFORMANCE BY MINEWATER
75. MineWater shall perform the requirements of this Consent Order and Settlement Agreement within
the schedules and time limits set forth herein and in any approved plan unless: (1) the
performance is prevented or delayed by events that constitute a force majeure, as defined below;
or (2) the performance is prevented or delayed by a mine collapse that does not fall within the
definition of force majeure. A force majeure is defined as any event arising from causes which
are not reasonably foreseeable, which are beyond the reasonable control of MineWater, and which
cannot be overcome by due diligence, including any act of God, strike, lockout, or other industrial
London Mine, LLC, et al. C O L O RA DO
Compliance Order on Consent and Settlement Agreement e®I Department of Public
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