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WHEREAS, SGC desires termination of CDPS Permits No. CO-0027529 and CO- <br /> 0036056. <br /> WHEREAS, to resolve this dispute, to allow SGC to proceed with final reclamation of <br /> the Sunnyside Mine, to provide for closure of the American and Terry Tunnels by hydraulic <br /> seals, to provide for mitigation of certain other historic mining conditions, to protect the <br /> waters of the State of Colorado, and to provide for the final termination of CDPS Permits No. <br /> CO-0027529 and CO-0036056, the parties agree to the terms and conditions of this Consent <br /> Decree. For purposes of settlement, they do so without trial of any facts or legal issues. <br /> Except as set forth in this Consent Decree, the parties neither admit nor deny any factual <br /> allegations related to the closure of the American and Terry Tunnels; nor do the parties <br /> concede any disputed legal issues which have been or could have been raised in this litigation. <br /> WHEREAS, the Parties agree that the terms, conditions, and undertakings herein will <br /> create mutual contractual rights and obligations between the Parties. <br /> WHEREAS, the Parties consent and agree to the entry by this Court of this Consent <br /> Decree and Order. <br /> NOW THEREFORE IT IS HEREBY ORDERED, ADJUDGED AND DECREED AS <br /> FOLLOWS: <br /> 3"11_1.212"6 7 <br />