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DISTRICT COURT, CITY AND COUNTY OF DENVER, STATE OF COLORADO <br /> Case No. 94 CV 5459, Courtroom 7 <br /> IOINT PETITION FOR THIRD AMENDMENT OF CONSENT DECREE <br /> SUNNYSIDE GOLD CORPORATION, Rece1'ved <br /> Plaintiff, FEB 1 2 20p1 <br /> v e bn f�Field off,. <br /> orals 8 c G <br /> COLORI. DO WATER QUALITY CONTROL DIVISION OF THE COLORA ooDO ogj, <br /> DI:Pf`,R"I;vII=N f OF PUI3L,IC HEALTH AND ENVIRONMENT, <br /> Defendant. <br /> Sunnyside Gold Corporation ("SGC") and the Colorado Water Quality Control Division <br /> ("WQCD"), by their respective counsel, hereby jointly petition the Court for the third <br /> amendment of the Consent Decree entered in this matter on May 8, 1996, and in support of this <br /> joint petition, state as follows: <br /> l. On May 8, 1996, this Court entered its Consent Decree resolving a declaratory <br /> judgment action between the parties. Paragraph 36 of the Consent Decree requires that the <br /> parties jointly petition the Court for any amendment to any portion of the Consent Decree or its <br /> appendices. Paragraph 37 of the Consent Decree provides for retained jurisdiction in this Court. <br /> 2. The mine tunnel seal in the American Tunnel, initially placed in 1996, has <br /> functioned and continues to function as designed while the mine pool has risen behind the plug <br /> to the point of physical equilibrium. / <br /> 3. SGC desires to accelerate the schedule in the initial Consent Decree by placing <br /> additional outbound plugs in the lower American Tunnel in order to complete closure. Plug <br /> 213844 1 Oclober 12.2000 <br />