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design will remain subject to approval by the Colorado Division of Minerals and Gcologv <br /> WQCD has no objection to the acceleration of the schedule for placement of the additional <br /> American Tunnel plugs. <br /> 4. WQCD has been notified by SGC that the Division of Minerals and Gcology has <br /> determmed that mine pool physical equilibrium was reached as of November, 1999. The parties <br /> hereto stipulate and agree that the schedule in paragraph 9 a. of the Consent Decree may be <br /> modified to allow for final closure of the Terry Tunnel in the Gall, 2000. Further, the parties <br /> agrcc that the final downstream seals in the American "funnel may be placed, subJect to design <br /> approval by DMG, in the Spring, 2001, as weather permits construction. <br /> WHEREFORE, the parties jointly petition the Court to enter the attached Order granting <br /> third amendment to Consent Decree, amending paragraph 9.a. to accelerate the closure schedule <br /> as set forth herein. <br /> Respectfully submitted this 12"' day of October, 2000. <br /> DUFFORD & BROWN, P.C. <br /> Richard L. Fanyo, #7238 <br /> Eugene F. Megyesy, #1 161 <br /> 1700 Broadway, Suite 1700 <br /> Denver, CO 80290-1701 <br /> Telephone: (303) 861-8013 <br /> ATTORNEYS FOR SUNNYSIDE GOLD <br /> CORPORATION <br /> 213844 1 Oclober 12 2000 <br />