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(1) Stabilizing the slopes of the modern tailings, as defined in <br /> the Removal Work Plan. <br /> 25. For any regulation or guidance referenced in the Settlement,the reference will be <br /> read to include any subsequent modification, amendment or replacement of such regulation or <br /> guidance. Such modifications, amendments or replacements apply to the Work only after <br /> Purchaser receives notification from EPA of the modification, amendment or replacement. <br /> 26. Removal Work Plan and Implementation. <br /> a. Purchaser shall implement the Removal Work Plan, attached to <br /> this Settlement as Appendix B, in accordance with the schedule approved by EPA. <br /> b. Within 10 working days of the Effective Date, Purchaser shall <br /> commence implementation of Phase 1 of the Work in accordance with the schedule included in <br /> the Removal Work Plan. Purchaser shall not commence any Work except in conformance with <br /> the terms of this Settlement. <br /> c. Purchaser may elect to implement Phase 2 Work as follows. <br /> Within 28 days after Purchaser ratifies this Settlement pursuant to Paragraph 112, Purchaser shall <br /> submit to DRMS a request for transfer of mineral permit and succession of operator's application <br /> ("Request for Transfer"). A template can be found at: <br /> http://mining.state.co.us/SiteCollectionDocuments/TransferMineralPermitpackage.pdf. Within <br /> 120 days of the Effective Date, Purchaser shall submit to DRMS an application for a Technical <br /> Revision or Amendment to the DRMS permit,to implement the approved Phase 2 Work, <br /> beginning in the 2018 construction season ("DRMS Permit Revision Application"). DRMS will <br /> oversee the implementation of the Phase 2 Work and set financial warranty requirements <br /> pursuant to the terms of the DRMS Permit and in accordance with the requirements of the <br /> Colorado Mined Land Reclamation Act, C.R.S., § 34-32-101, et seq and the Mineral Rules and <br /> Regulations of the Colorado Mined Land Reclamation Board for Hard Rock, Metal and <br /> Designated Mining Operations. Purchaser has successfully elected to discontinue its obligations <br /> under this Settlement for Phase 2 Work when it successfully receives an amended DRMS permit <br /> approval from DRMS of the DRMS Permit Revision Application within 90 days after submittal <br /> of the DRMS Permit Revision Application, subject to weather conditions that delay approval. <br /> (1) If DRMS approves a Technical Revision or Amendment to <br /> the DRMS permit,Purchaser's obligations for Phase 2 Work under this Settlement will become <br /> null. <br /> (2) If Purchaser does not comply with the DRMS Technical <br /> Revision or Amendment to the DRMS permit, Purchaser's obligations for Phase 2 Work under <br /> this Settlement will revive. <br /> (3) If DRMS does not approve a Technical Revision or <br /> Amendment to the DRMS permit, Purchaser's obligations for Phase 2 Work under this <br /> Settlement remain. <br /> 8 <br />