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C. Valves and pipes in the seals in the American and Terry Tunnels have <br /> been grouted. <br /> d. Hydrologic controls and seals eliminating flows from the lower <br /> American Tunnel portal have been completed, or CDPS Permit No. CO-0027529, for water <br /> treatment at the American Tunnel, will have been accepted by another party or parties. <br /> e. All projects on the "A" List are confirmed by the Division to be <br /> complete pursuant to paragraph 8a. <br /> f. Treatment of Cement Creek has ceased. <br /> g. It is demonstrated in accordance with Appendix A that the Reference <br /> Water Quality is being maintained without continued treatment of Cement Creek. <br /> 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 /> 38911-1.2/.7"6 22 <br />