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<br />~~ <br />L <br />1. Respondents shall immediately terminate any and a(I discharges of dredged or fill material, <br />now and in the future, to waters of the United States, without prior authorization by the Corps <br />pursuant to a valid permit issued pursuant to Section 404 of the Clean Water Act. <br />2. Respondent Hall-Irwin shall: <br />A. Submit a plan ("the Plan") for an independent analysis of the hydrology of the area and <br />the impact of the slurry wall on wetiands. The Plan shall be submitted within 30-days of the <br />effective date of this order and shall; <br />i. Be developed by a professional hydrologist and a wetlands ecologist whose <br />qualifications are acceptable to EPA for approval in advance. The professional <br />resumes of the Respondent Hall-Irwin's proposed consultants shall be submitted to <br />EPA within 7-days of the effective date of this order. <br />ii. Specify methodologies to investigate and document the amount and location of <br />all dredged or fill material that remains in wetlands due to consUuction of the slurry <br />wau. <br />iu. Specify methodologies to assess the short term and long term effects of the <br />entire slurry wall on the on-site (on the mine lease) and off-site wetlands including <br />the wetlands northeast of the mine site in the Bauer and Eiberger property. For the <br />purpose of this Plan "long term" shall mean at least 10 years after the discharge and <br />"short term" shall mean 1 to 3 years from the date of the discharge of fill material. <br />iv. Specify a schedule for the completion of the investigation and analysis that <br />encompass at least 6 months of hydrologic data, including the seasonal peak <br />hydrograph of the South Platte River at this location and provides for delivery of a <br />report ("Report") documenting the results of the investigations and analyses no <br />later than July I5, Z000. <br />v, The Report to be prepared pursuant to the Plan shall include proposals to remedy <br />any short-term or long-term; direct, induect or temporal, impacts to wetlands <br />identified by the investigation and analysis. Proposals shall at a minimum address <br />the cost, feasibility, reliability and timing of each of the following: <br />a. on-site restoration <br />b. on-site mitigation <br />c. off-site mitigation <br />Proposals described in the Report shall also address items II through IX in the <br />"Habitat lyfitication and Monitorin¢ Prooosal Guidelines. San Francisco District <br />Corns ofEn~neers" (Appendix A} ofthis document. Where notification to the <br />Corps is referenced in these items of Appendix A, for the purposes of this <br />4 <br />