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approved by the Division, with the final plugging of the American Tunnel expected to be <br />completed by December 10, 2002, and has also completed all of the reasonably beneficial "B" <br />list projects. <br />Based upon further water quality data collection and analysis, SGC and the <br />Division have agreed that it is appropriate to revise Appendix A to the Consent Decree, and to <br />petition the Court to modify the Consent Decree and its terms to reflect the new Appendix A, <br />attached hereto. <br />4. The parties hereto agree to modify paragraph 9.c. of the Consent Decree to be <br />consistent with the agreement to transfer ownership of the water treatment facility to the Gold <br />King Mines Corporation ("Gold King") as envisioned in a separate agreement, to be executed <br />between SGC and Gold King. Gold King will maintain the treatment facility and ponds and be <br />responsible for any surface disturbance reclamation required by the DMG Permit at the <br />appropriate time. The water treatment facility will be transferred to Gold King following <br />approval of this modification to the Consent Decree and the transfer of CDPS Permit No. CO- <br />027529 to Gold King which will also terminate SGC's obligation to continue operation of the <br />water treatment facility (and the reclamation of the ponds and surface disturbances.) <br />The parties agree that paragraph 10 of the Consent Decree, pertaining to <br />monitoring requirements, is to be modified so as to require only monitoring contained in <br />Appendix A and any applicable DMG and CDPS permits. <br />6. The parties hereby agree and stipulate that in order to further improve water <br />quality in the Animas River Basin, SGC will fund or implement the following additional <br />remediation projects: <br />231115.2 December 3, 202 <br />