Laserfiche WebLink
postmarked no later than December 31 of the year in which the failure is <br />determined, a report that (1) analyzes the reasons for the failure, {2) <br />analyzes the results of vegetation growth in the test plots, and (3) contains <br />Idarado's proposal for further management activities to achieve successful <br />revegetation of the segment or area of localized failure. The State may, in <br />its discretion, approve implementation of the management steps proposed <br />by Idarado for any failed segment or area, based upon the performance of <br />the test plots and other relevant factors. Alternatively, and <br />notwithstanding any proposal made by Idarado, the State may, in its <br />discretion, require that Idarado construct a cover, as specified in this <br />paragraph, at the failed segment or area. The cover required for the top <br />surface of a tailings pile, or an area of localized failure on the top surface, <br />will consist of 18 inches of soil over the tailings. The cover required for a <br />side slope segment of a tailings pile, or an area of localized failure on a <br />side slope, will consist of 30 inches of soil over the tailings. Soil to <br />construct a cover for any area or segment of a Telluride "failings Pile will <br />be obtained from the Mill borrow area specified in Exhibit C-2 to the <br />Consent Decree or another source approved in writing by the State. Soil to <br />construct a cover for any area or segment of a Red Mountain Tailings Pile <br />will be obtained from an area approved in writing by the State. The State <br />will notify Idarado in writing of its determination whether to approve <br />Idarado's proposal, require additional management activities, or require <br />implementation of the cover specified in this paragraph no later than 120 <br />days after it receives Idarado's report containing the analysis of the <br />reasons for failure and the proposal for further management activities. The <br />State's determination under this paragraph shall be subject to the dispute <br />resolution procedures provided in the Consent Decree. If a cover is <br />required, Idarado will complete construction of such a cover no later than <br />October 1 of the year after the year in which the State makes such a <br />determination. <br />12. Paragraph 17.2 is modified to read as follows: <br />] 7.2. Implementation of Alternative Contingency Remediation. If the <br />State approves a proposal by Idarado for remediation of an individual, <br />several or all tailings piles other than by construction of the cover <br />specified in ¶ 17.1, Idarado will proceed to implement such alternative <br />remediation during the next summer season after approval by the State. <br />Idarado will actively maintain the affected segment or area after it <br />completes implementation of the alternative remediation, in accordance <br />with the procedures in ¶ 14 of this RAP. Idarado will sample that segment <br />or area annually during the establishment period, and for afen-year <br />evaluation period after completion of the establishment period, in <br />accordance with the procedures in ¶ 15 of this RAP. If an area or segment <br />-9- <br />