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b. Agreed upon voluntary cleanup activities will be <br /> deemed complete, and SGC' s obligations fulfilled, when <br /> the agreed upon work is performed. WQCD will not revise <br /> its requests for work or demand additional work after <br /> monitoring the water quality effects of the agreed upon <br /> work . <br /> C . After completion of the agreed upon work , plugging and <br /> sealing of the mine opening, performance by SGC of all <br /> obligations under its Reclamation permit, cessation of <br /> discharge of water from the American Tunnel or assumption <br /> by another party of permit responsibility for such <br /> discharge, and release of its Reclamation permit, SGC <br /> will be released from its permit obligations under the <br /> Colorado Water Quality Control Act and regulations, with <br /> the exception of the following contingency: <br /> i . Limited quantities of water may escape from the mine <br /> through the Brenneman Vein after filling of the mine <br /> pool. The mitigation proposed for this settlement is <br /> intended to mitigate effects of this eventuality, should <br /> it occur . In the event that significant quantities of . <br /> water escape directly from the mine via other, <br /> unpredicted, identifiable discrete passageways following <br /> closure, SGC will assume responsibility for the control <br /> of such water . Should such escape occur , SGC will <br /> consult with WQCD and DMG and devise control strategies <br /> to deal with the escaping water . Such strategies may <br /> include performing additional mitigation, grouting of <br /> fractures, treatment of the escaping water or drawdown <br /> and treatment of the mine pool to control escape, if <br /> necessary. As long as SGC is working in good faith to <br /> control such escape, WQCD will exercise regulatory <br /> discretion in SGC' s favor to the extent that it can, and <br /> refrain from citing or levying large fines against the <br /> company. <br /> 4. SGC assumes that the quality of any water migrating from the <br /> mine via normal groundwater mechanisms following closure and <br /> flooding will not be any worse than the quality of water <br /> migrating through the mountain but not entering the mine, <br /> because hydrogeochemi cal processes within the flooded mine <br /> workings and the mountain following flooding will return the <br /> hydrological regime to a close approximation of its pre-mining <br /> state. <br /> 5. Water flowing around the flooded workings following closure is <br /> not part of SGC' s regulatory responsibility. <br /> - 2 - <br />