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limitations in the American Tunnel discharge permit will continue to be based on BAT <br /> standards until the permit is terminated. <br /> C. Other Permits. All activities undertaken by SGC pursuant to this <br /> Consent Decree will be undertaken in accordance with the requirements of all applicable local, <br /> state and federal statutes, regulations, and ordinances. SGC will make timely application for <br /> any necessary permits or certifications. If other environmental permits are required for the <br /> mitigation projects, such as Section 404 permits or "reclamation only" MLR permits, the <br /> Division will cooperate with SGC in obtaining such permits from the appropriate agencies so <br /> that the projects can go forward in a timely fashion. If necessary permits for an "A" List <br /> project are ultimately denied by the responsible agency, that portion of the mitigation project <br /> will be deleted from the requirements of the Consent Decree, and an additional mitigation <br /> project will be implemented in its place. Work plans for any such projects will be submitted <br /> to the Division in accordance with paragraph 13. <br /> XH. FINANCIAL SURETY <br /> 25. Not later than thirty days after entry of this Consent Decree, SGC will provide <br /> financial surety in the amount of$5,000,000 in the form of an irrevocable letter of credit, in <br /> the favor of the Water Quality Control Division of the Colorado Department of Public Health <br /> and Environment, issued by a federally chartered banking institution. <br /> a. The Division may draw on the letter of credit if SGC files for <br /> bankruptcy or becomes bankrupt and discontinues treatment of water necessary to maintain <br /> 38911-3 5Q/96 25 <br />