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oFG,,~ F, <br />;_ <br />%;r..~ <br />,:, ', <br />~~ .. ; ,; <br />DISTRICT COURT, CITY AND COUNTY OF DENVER, STATE OF COLO~DO ;r <br />,. , { ®~ <br />Case No. 94 CV 5459, Courtroom 7 F~' , <br />~~/~ <br />JOINT PETITION FOR FOURTH AMENDMENT TO CONSENT DECREE <br />SUNNYSIDE GOLD CORPORATION, <br />Plaintiff, <br />v. <br />COLORADO WATER QUALITY CONTROL DIVISION OF THE COLORADO <br />DEPARTMENT OF PUBLIC HEALTH AND ENVIRONMENT, <br />Defendant. <br />Sunnyside Gold Corporation ("SGC") and the Colorado Water Quality Control Division <br />("Division"), by their respective counsel, hereby jointly petition the Court for a fourth <br />amendment of the Consent Decree entered in this matter on May 8, 1996, and in support of this <br />joint petition, state as follows: <br />On May 8, 1996, this Court entered a ConsentDecree resolving a declazatory <br />judgment action between the parties. Paragraph 36 of the Consent Decree requires that the <br />pazties jointly petition the Court for any amendment to any portion of the Consent Decree or its <br />appendices. Pazagraph 3? of the Consent Decree provides for retained jurisdiction in this Court. <br />2. The mine tunnel plug iu the American Turu7el, initially placed in 1996, has <br />functioned and continues to function as designed while ll~e mine pool has risen behind the plug to <br />the point of physical equilibrium.. Conseyuently, in accordance with the Consent Decree, SGC is <br />installing the final plug in the American Turuiel leading to completion of that closure. Since the <br />entry of this Consent Decree, SGC has completed all of the "A" list projects and they have been <br />231115.2 December 3, 2002 <br />