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<br />Aspen Highlands Ski Area <br /> <br />replacement, PHQ replacement, eating/picnic/restroom facility, and interpretation center, on-mountain <br />capacity, snowmaking, and reduction in the acreage of the Special Use Permit. In addition, prior to <br />project implementation federal, state, and local pem,its discussed below will be obtained. This list is not <br />all inclusive; other penn its may be required depending upon the specific developments pursued and <br />regulatory changes. <br /> <br />Impacts to waters of the United States (U.s.), including wetlands, are regulated by the Anny Corps of <br />Engineers in accordance with Section 404 of the Clean Water Act, 1977, as amended. For the discharge <br />of dredge or fill materials into wetlands and other waters of the U.S., a Department of Anny penn it from <br />the Corps of Engineers, Sacramento District. will be required for this project. Regulations enacted in 1993 <br />modify the definition of "discharge of dredged material" to include excavation activities. Any addition of <br />materials into waters of the U.S., including incidental discharges associated with mechanized land clearing, <br />ditching, channelization, or other excavation, would trigger Section 404 requirements. <br /> <br />'. <br /> <br />Executive Order 11990 (May 24, 1977) requires the agency to minimize destruction, loss or degradation <br />of wetlands and to preserve and enhance the natural and beneficial values of wetlands (FSM 2500). The <br />authorized MDP components generally avoid impacts to jurisdictional wetlands. The mitigation measures <br />also identify opportunities to avoid or reduce impacts on a wetland-by-wetland basis. However, the <br />analysis of the range of alternatives in the EIS is not intended to be a Section 404 pennitting process. <br />The EIS analysis serves a very different function than the alternatives for non-water-dependant activities <br />in Section 404(b)(I). The responsibility to obtain required 404 penn its rests solely with the pennittee. <br />The 404 pennitting process must be completed prior to implementing any authorized actions that could <br />affect wetlands. A Section 401 water quality certification from the Colorado Department of Public Health <br />and Environment, Water Quality Control Division, would be required in conjunction with Section 404 <br />penn its obtained from the Anny Corps of Engineers. <br /> <br />Construction activities on NFS lands, including clearing, grading, excavation and other ground disturbance <br />activities, will require Construction Stonn Water Discharge Pem,its from the Colorado Department of <br />Public Health and Environment, Water Quality Control Division. <br /> <br />Fonnal consultation with the U.S. Fish & Wildlife Service (USFWS) for compliance with Section 7 of <br />the Endangered Species Act was required as part of preparation of this EIS. This section of the act <br />requires all federal agencies to ensure that their actions are not likely to jeopardize the continued existence <br />of any threatened or endangered species or result in the destruction or modification of critical habitat. In <br />the Biological Assessment that was prepared for this EIS, the FS provided the USFWS infonnation on <br />the proposed annual depletion associated with this project (37 acre-feet). Based on this infonnation, the <br />USFWS issued a Biological Opinion on March 21, 1997. This Biological Opinion stated that, because <br />the proposed depletions were under 100 acre-feet, the Recovery and Implementation Program for <br />Endangered Fish Species in the Upper Colorado River Basin would be a "reasonable and prudent <br />alternative" to avoid jeopardy to the endangered fishes or their critical habitat from the depletions. <br />Because of this, the depletion fee nonnally assessed for new withdrawals was waived (See Appendix E <br />ofFinal EIS). <br /> <br />Consultation was also required by Section 106 of the National Historic Preservation Act with the Advisory <br />Council on Historic Preservation and the State Historic Preservation Officer. No historic properties or <br />Native American sites will be affected. Section 106 requires special review of any undertaking that could <br />affect historic properties that are included or eligible for inclusion in the National Register of Historic <br />Places. This process is complete, however, if construction or excavation reveals any previously unknown <br />sites, steps would be taken to protect these areas. <br /> <br />26 <br /> <br />Associated Actions and Requirements <br />ReqUired Permlls, Licenses, Grants, or Authori::atlOns <br />