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, <br /> Should maintenance of the portion of the American Tunnel downstream of the SGC property <br /> line seal and treatment of the American Tunnel discharge be undertaken by the property owner <br /> or other parties, then SGC will be released from any continued CDPS permit obligation at the <br /> American Tunnel. <br /> b. Mitigation Projects <br /> SGC will undertake and timely complete mitigation projects as set forth in <br /> Appendix B. It is anticipated that completion of these projects will allow for final termination <br /> of CDPS Permits No. CO-0027529 and CO-0036056 while maintaining the Reference Water <br /> Quality in the Upper Animas Basin. SGC will complete all of the "A" List projects. Unless <br /> this Consent Decree is prematurely terminated pursuant to Section IX, SGC also will complete <br /> as many of the "B" List projects and additional mitigation projects as are necessary for <br /> achievement of permit termination pursuant to paragraph 14. SGC will have fulfilled its <br /> obligations with respect to each mitigation project when such project has been confirmed by <br /> the Division to be complete pursuant to paragraph 8a irrespective of subsequent water quality <br /> changes following such confirmation. Work Plans for each of the mitigation projects on the <br /> "A" and "B" lists are included in Appendix C and are hereby approved by the Division. <br /> C. Cement Creek/Treatment Facility <br /> To ensure against near-term adverse impacts on the Animas River from <br /> plugging of, and cessation of water treatment at, the American Tunnel, SGC will create a <br /> temporary water quality treatment "cushion" within the Upper Animas system to offset <br /> potential additional pollutant loading. During implementation of the mitigation projects, SGC <br /> 38911-3,512W 14 <br />