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15. The Division will determine that there has been a Failed Permit Termination <br /> Assessment if any of the criteria listed in Paragraph 14 above are not met. <br /> IX. PREMATURE TERMINATION OF CONSENT DECREE <br /> 16. This Consent Decree may be prematurely terminated: <br /> a. By SGC, only after completion of all of the projects contained on the <br /> "A" List, if SGC determines that a Successful Permit Termination Assessment pursuant to <br /> paragraph 14 is not feasible. <br /> b. By the Division, only if SGC is not implementing the mitigation projects <br /> in accordance with the schedule established in this Consent Decree, or is not performing the <br /> mitigation projects in a workmanlike manner or in accordance with the Reclamation Standards <br /> of DMG and the Work Plans. <br /> 17. If either Party determines to prematurely terminate this Consent Decree, <br /> notification will be made and written explanation provided to the other party and to the Court <br /> at least sixty days prior to the effective date of the termination. <br /> 18. If this Consent Decree is prematurely terminated, SGC will treat any flow from <br /> the American Tunnel and the entire flow of Cement Creek up to a treatment capacity of 1800 <br /> gallons per minute in accordance with its CDPS permit for a period of thirty months <br /> thereafter. SGC's agreement to continue treatment of Cement Creek flows for thirty-month <br /> period after premature termination of this Consent Decree is made without conceding any legal <br /> responsibility other than that created by this Consent Decree to do so or any responsibility <br /> 38911-3 5,2.96 22 <br />