principle ores at this mine included gold and a small amount of silver. Acid mine drainage
<br /> discharges from the London Mine via the London Mine Water Tunnel and the Extension Tunnel.
<br /> 2. London Mine, LLC was originally formed through the filing with the Colorado Secretary of State's
<br /> Office of its Articles of Organization on December 11, 1996, with Ben L. Wright and a second
<br /> individual named as London Mine, LLC's co-members and co-managers.
<br /> a. On or about November 15, 2002, the second individual resigned as the co-manager of
<br /> London Mine, LLC, and the London Mine, LLC acquired that individual's membership
<br /> interest, resulting in Ben L. Wright, Jr. becoming the sole manager and sole member of
<br /> London Mine, LLC.
<br /> b. On January 27, 2010, Ben L. Wright, Jr. died. On February 10, 2010, the Denver County
<br /> Probate Court appointed Meyer as Personal Representative of the Estate.
<br /> c. Pursuant to London Mine, LLC's Operating Agreement, upon Ben L. Wright's death, the
<br /> Estate, acting through the Personal Representative, became the sole member of London
<br /> Mine, LLC.
<br /> d. On June 30, 2010, pursuant to London Mine, LLC's Operating Agreement, the Estate, as sole
<br /> member of London Mine, LLC, took action to appoint the Personal Representative as London
<br /> Mine, LLC's sole manager to serve in such capacity until her resignation or removal as
<br /> provided in the London Mine, LLC's Operating Agreement
<br /> 3. In 2004 the Division, THF, and London Mine, LLC executed a stipulation concerning the
<br /> classifications and standards for the Upper South Platte River Basin and the discharge permits and
<br /> wastewater treatment facilities associated with the London Mine (the "2004 Stipulation"). THF is
<br /> neither the owner nor the operator of the London Mine or the Extension Tunnel. The London Mine,
<br /> LLC and the Estate own the London Mine and the mineral interests associated with the same. The
<br /> Estate owns certain conditional water rights associated with the London Mine originally
<br /> adjudicated in Case No. W-8314-76. In addition, THF owns certain water rights emanating from the
<br /> London Mine Water Tunnel adit, specifically including those water rights adjudicated in Case No.
<br /> W-7538, in Cases Nos. W-8036(75) and W-8256(76), and in Case No. 91CW77, in the Colorado Water
<br /> Court for Water Division No. 1. THF also owns the Leach Well water rights adjudicated in Case No.
<br /> 80CW419. Collectively, the Estate's water rights and THF's water rights, identified above are
<br /> referred to as the "London Mine Water Rights." Pursuant to the 2004 Stipulation, London Mine,
<br /> LLC holds the discharge permit for discharges emanating from the London Mine Water Tunnel and
<br /> associated wastewater treatment works. PCMD #9 (as THF's assignee) holds the discharge permit
<br /> for discharges emanating from the Extension Tunnel and operates the associated Extension Tunnel
<br /> wastewater treatment works located on property owned by London Mine, LLC. PCMD #9 is neither
<br /> the owner nor the operator of the London Mine or the Extension Tunnel itself and has no ownership
<br /> or leaseholder interests in the mineral rights or mineral interests associated with the London Mine
<br /> or any water rights associated with the London Mine.
<br /> 4. Acid mine drainage from the London Mine is conveyed from the London Mine Water Tunnel portal
<br /> to a sedimentation pond for passive treatment that consists solely of settling (the "Water Tunnel
<br /> Facility"). No other wastewater treatment occurs at the Water Tunnel Facility. The Water Tunnel
<br /> Facility is the subject of the Colorado Discharge Permit System, Permit No. CO-0038334 (the
<br /> "Water Tunnel Permit"). The Water Tunnel Permit became effective February 1, 2006 and expired
<br /> on January 31, 2011, and has subsequently been administratively extended, pending permit
<br /> reissuance.
<br /> London Mine, LLC, et at. C O L O R A D O
<br /> Compliance Order on Consent and Settlement Agreement �® Department of PuhUc
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