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fertilizer applications will be determined by Idarado based upon these <br />analyses. <br />7. Paragraph 15.2 is modified to read as follows: <br />15.2. Report of Monitorine Results. Each year during the establishment <br />period and the evaluation period for each tailings pile, Idarado will submit <br />to the State a report, postmarked no later than December 31, that includes <br />the following information, for each tailings pile segment and test plot, <br />collected during the monitoring for that year: total cover, live cover, <br />species diversity, and metals concentration levels. This report will also <br />include a description of any reseeding or reamending of the tailings piles, <br />irrigation activities, active management activities, and corrective actions <br />to eliminate erosion rills and gullies, slope failure, or tailings migration <br />taken during that year, as well as additional active management activities <br />proposed For the next summer season. <br />8. Anew paragraph 15.3 is added, reading as follows: <br />15.3. Nutrient Monitorine. In March, June, September, and December of <br />each year during the establishment period and the evaluation period, <br />Idarado will monitor the San Miguel River and Red Mountain Creek for <br />the presence of constituents potentially contributed by irrigation or the <br />fertilizer used on the tailings piles. Idarado, in consultation with the <br />State, will designate four sampling locations for this quarterly monitoring <br />obligation: 1) upstream of TTI, Z} downstream of TT6, (3) upstream of <br />RMT1, and (4) downstream of RMT4. These samples will be analyzed for <br />pH, total suspended solids, total and dissolved zinc, phosphorous, <br />potassium, nitrites and nitrates. Results will be included in the quarterly <br />and annual reports as provided for in ¶ 33 of the Consent Decree. If the <br />results indicate a potential transfer of constituents from the tailings piles <br />into either the river or the creek, Idarado and the State will begin <br />discussions to resolve this concern, and Idarado will cease irrigation or <br />use of inorganic fertilizer on either the Telluride tailings piles or the Red <br />Mountain tailings piles, or both, as appropriate, pending the resolution of <br />the concern. <br />9. Paragraph 16.2 is modified to read as follows: <br />16.2. Comnliance Determination Period. Compliance with the <br />Performance Objectives for direct revegetation set forth in ¶ 16.] above <br />will be determined based upon the results of the vegetation sampling <br />conducted during each of the last two years of the evaluation period for <br />each tailings pile; provided, however, that if precipitation during the <br />-7- <br />