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a. Provide a total of $500,000, which the parties anticipate will be more thvr <br />adequate, for plugging the Mogul and the Koehler Mines by Gold King or another entity to be <br />approved by the Division; <br />b. Provide $172,000 to Gold King for water quality improvement projects, <br />including a liner at the Howardsville Cell No. 1 Mine Tailing, installation of a pipeline from the <br />Gold King mine to the water treatment facility and water U~eatment at the American Tunnel <br />treatment plant; <br />a 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 />7. The sealing of the Mogul and Koehler Mines would be in accordazice with the <br />workplans attached hereto as Appendix B, and following execution of agreements with the <br />owners of those mines and Gold King allowing and providing the terms for the plugging. <br />8. The Division agrees that it will notify the financial institution that has issued the <br />letter of credit for financial surety referenced in pazagraph 25, that the letter of credit, $5,000,000 <br />(Five Million Dollazs) shall be released in full upon approval of this Fourth Amendment to the <br />Consent Decree. The letter of credit funds shall be used for, but not be limited to, the funding of <br />the projects referenced in pazagraph 6 above. <br />9. The Division hereby stipulates and agrees that SGC and Gold King will apply to <br />the Division for the transfer of CDPS permit No. CO-0027529 to Gold King and the Division <br />will approve that transfer, unless Gold King applies for a new permit, in which event the permit <br />No. CO-0027529 will be terminated. Following the transfer or termination of the subject permit, <br />231715.2 December 3, 2002 <br />