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comments from EPA clarifying when the Division may draw on the letter of credit. <br /> h. Appendix A, pages 4.a and 5.a. In response to comments from EPA, <br /> paragraph reference numbers were inserted. <br /> i. Appendix B, page Lb. Paragraph B-2(1) was changed to reflect that the <br /> projected target pH of the mine water would be 9.0- 10.0. <br /> 5. With these changes which have been agreed to by the parties,the Consent Decree <br /> and Order is ready for entry by the Court. Entry of this Consent Decree and Order resolves all <br /> outstanding issues between the parties and eliminates the need for the five(5)day trial now <br /> scheduled to commence July 8, 1996. The settlement includes, at paragraph 37, a provision by <br /> which this Court would retain jurisdiction to resolve any disputes between the parties which may <br /> arise in the implementation of this agreement. <br /> 6. The parties request that the Court enter this Consent Decree at the earliest date <br /> possible so that implementation of the construction provisions can commence in June, 1996. <br /> Should the Court have questions, the parties, through counsel, are prepared to appear jointly <br /> before the Court on short notice to explain any provisions. <br /> WHEREFORE,plaintiff and defendant,through their respective counsel, hereby move <br /> the Court for entry of the proposed Consent Decree and Order filed herewith. <br /> 43380-1.5/696 3 <br />