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.~ ,. <br />Svnn~sl~el~~~~ nEN <br />M-t47~-3-is.-~ O,~FC~R <br />~~~~} ljecree <br />Fou/'~ ~'Men~ aaPn'f ` <br />Re~~~~~d <br />F~U~~',? <br />AND <br />OUNTY OF ~isi~~o <br />9o <br />~ <br />~ <br />B <br />DE <br />~a' <br />O <br />37 B M <br />f <br />e a <br />~ <br />res <br />s: 14 <br />annoc $ sec <br />0 <br />Denver, Colorado 80202 <br />Plaintiff: SLJNNYSIDE GOLD CORPORATION, ~ COURT USE ONLY ~ <br />Defendant:COLORADO WATER QUALITY <br />CONTROL DIVISION OF THE COLORADO Case Numbers: 94 CV 5459 <br />DEPARTMENT OF PUBLIC HEALTH AND <br />ENVIRONMENT <br /> Div.: Ctrm.:7 <br />ORDER GRANTING JOINT PETITION FOR FOURTH AMENDMENT TO <br />CONSENT DECREE <br />.- <br />THIS COURT, having reviewed the Joint Petition for Fourth Amendment to Consent <br />Decree, and thereby being advised in the premises, GRANTS the Joint Petition and ORDERS the <br />Consent Decree to be modified as follows: <br />1. Appendix A to the Consent Decree is modified to be in accordance with the <br />Appendix A submitted with the Joint Petition; <br />2. Paragraph 9.c. of the Consent Decree is modified to be consistent with the <br />agreement to transfer ownership of the water treatment facility to the Gold King Mines <br />Corporation ("Gold King"). Once the water treatment facility is transferred to Gold King and <br />CDPS Permit No. CO-027529 is terminated or transferred to Gold King by the Colorado Water <br />Quality Control Division ("Division"), Sunnyside Gold Corporation ("SGC'') obligation to <br />continue operation of the water treatment facility to treat Cement Creek or any seepage from the <br />American Tunnel (and the reclamation of the ponds and surface disturbances) will terminate <br />under the Consent Decree and, accordingly, paragraph 14.f of the Consent Decree will be deleted <br />at that time. <br />3. Paragraph 10 of the Consent Decree is modified so as to require only the <br />monitoring contained in Appendix A and any applicable DMG and CDPS permits; <br />4. In addition, SGC will fund or implement the following additional remediai~ln <br />projects: CCS'/ <br />231669.1 December 3, 2002 O%r~s%p7o ~~~ ~s~y ~® <br />a/J 3 <br />aqr <br />CPD%BY <br />