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<br />a. Provide a total of $500,000, which the parties anticipate will be more than <br />adequate, for plugging the Mogul and the Koehler Mines by Gold King or <br />another entity to be approved by the Division. The sealing of the Mogul <br />and Koehler Mines would be in accordance with the workplans attached to <br />the Joint Petition as Appendix B, and following execution of agreements <br />with the owners of those mines and Gold King allowing and providing the <br />terms for the plugging; <br />b. Provide $172,000 [o Gold King for water quality improvement projects, <br />including a liner at the Howazdsville Cell No. 1 Mine Tailing, installation <br />of a pipeline from the Gold King mine to the water treatment facility and <br />water treatment at the American Tunnel treatment plant; <br />c. SGC will remove the power plant tailings; and <br />d. SGC will build a passive treatment wall at the southwest edge of Tailings <br />Pond No. 4. <br />5. The Division shall notify the financial institution that has issued the letter of credit <br />for financial surety referenced in paragraph 25 of the Consent Decree, that the letter of credit, <br />$5,000,000 (Five Million Dollars) shall be released in full. The letter of credit funds shall be <br />used for, but not be limit'elTd~'t~o, the funding of the projects referenced in pazagraph 4 above; <br />DATED this `~' day of C%Lur~ C~~2. ; ~~ <br />Court Judge <br />~- <br />2 <br />231689.1 Decem0er 3, 2002 <br />