2016-08-10_GENERAL DOCUMENTS - M1981185 (2)

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to this Paragraph shall terminate when the success criteria are met and verified by EPA in writing. 21. Corrective Actions. Until this Consent Decree is terminated in accordance with Section XVI, Defendants shall provide the United States, at the addresses specified in Section XII of this Consent Decree, with annual monitoring reports pursuant to the Restoration Plan on or before December 1 of each year. If, during the monitoring period, the restoration project identified in the Restoration Plan fails to achieve the success criteria specified therein, Defendants shall propose corrective measures and a schedule for their implementation. Such corrective measures and schedule for the implementation shall be submitted to the United States within 60 days of the earlier of (a) Defendants" discovery of the failure to meet success criteria or (b) Defendants' receipt of the United States' written position that success criteria were not met, Defendants shall implement the corrective measures upon approval by the United States subject to seasonal limitations as to any planting of vegetation or construction of any features. All disputes arising under this Paragraph are subject to the dispute resolution procedures in Section VIII of this Consent Decree. 22. No Disturbance of Site. Upon completion of the terms and conditions of the Restoration Plan, Defendants shall not dredge, excavate, fill, dewater, plow, or drain any location identified in the Restoration Plan, except as approved by EPA and/or or as authorized by any permit issued by the Corps of Engineers. 23. Consent Decree to be Recorded. Defendants shall, within 15 days after entry of this Consent Decree by the Court, record a certified copy of this Consent Decree in the real property records in La Plata County, Colorado. Thereafter, each deed, title, or other instrument conveying Case 1:16-cv-02008-WYD Document 2 Filed 08/08/16 USDC Colorado Page 10 of 82