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Revised Injury with Mitigation Proposal After revisiting the impacted creeks, the parties concluded the chip sealing road project would only address some of the sedimentation problems and a more cost effective solution could be obtained by annual payments to an . injury mitigation fund, Under the revised mitigation plan, EMJ would save the estimated $75,000 dollars to chip seal the road and will instead provide: approximately $3,000 ann.ually for the continuing improvement of the fishery resource within Little Bear and Soda Creeks, when injury occurs. Initially, the money will be used to stock the two creeks with desirable fish species as directed by the DOW, The size, species and location of stocking will be determined: annually based upon site review and recommendati0ns by DOW personnel. Such recommendations will be made in consultation with CWCB staff and TU. CWCB, DOW and TU may conclude that stocking is only needed or desirable every few years. If stocking is not recommended for a given year, EMJ will still deposit 'approximately $3,000 into a designated injury mitigation account. Following the third year of this effort, DOW and CWCBstaffwill reevaluate the two creeks to assess the effectiveness of the fish stocking program. The evaluation will determine which of the following alternatives EMJ should pursue: (I) continue the annual stocking; (2) temporarily suspend the program; or (3) fund the construction of habitat improvement structures at key locations within the two creeks. CWCB staff and representatives of EMJ, DOW, and TU will meet to discuss the results of the evaluation and to develop a recommended course of action. Similar assessments and meetings will be held every third year for the purpose of evaluating the effectiveness of the mitigation plan and to establish a plan of action for the ensuing three-year period. This continued reevaluation of stream impacts and stream habitat mitigation measures will allow for a more cost effective and successful mitigation plan for both the applicant and the impacted creeks. The original fish stocking years will provide direct mitigation and should provide th~ CDOW with good baseline data to determine the current carrying capacity of Soda and Little Bear Creeks, taking into account other outside factors such as stream flow, angling pressure, migration, predation, water quality, sedimentation and general fish mortality. After determining the existing carrying capacity of the two creeks future habitat improvement structures can then be . evaluated and constructed The CDOW recommends the CWCB approve the proposed injury with mitigation plan and is forwarding this evaluation of the plan to the CWCB to meet the State o[Colorado's policy".., that the wildlife and their environment are to be protected, preserved, enhanced, and managed for the use, benefit, and enjoyment of the people of this state and its visitors... and that, to carry out such program and policy, there shall be a continuous operation of planning, acquisition, and development of wildlife habitats and facilities for wildlife-related opportunities" c.R.S, ~ 33-1-10 I (I). The CD OW Strategic Plan states "Healthy aquatic environments are essential to maintain healthy and viable fisheries, and critical for self-sustaining populations. The Division desires to protect and enhance the quality and quantity of aquatic habitats." If you have any qu~stions regarding this evaluation, please feel free to contact me at (303)-291-7267. Sincerely, Sent by Electronic Mail Mark Uppendahl Colorado Division of Wildlife Instream Flow Program Coordinator Cc: Jay Skinner, CDOW Water Unit Program Manager Paul Winkle, CDOW Aquatic Biologist .