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S s Price-Stubb Fish Passage FONSI Page 7 If any of the above commitments are not met, Reclamation will construct the Downstream Rock Fish Passage Alternative and the whitewater features will not be constructed. All permits and contracts will have "stop work" clauses in the event that cultural or palenotological resources are found during construction. Reclamation will conduct HABS/HAER documentation during construction and submit a report to the Colorado State Historic Preservation Officer as described in the June 29, 2004 Memorandum of Agreement to mitigate adverse impacts to historic resources. All permits and contracts will have "stop work" clauses that will require the contractor to stop construction activities if a threatened or endangered species is encountered. If this occurs, construction will be halted until consultation with the Service is completed. Reclamation will enter into agreements with Mesa County and Palisade Irrigation Districts, CDOT and E.R. Jacobson for access to construct, operate and maintain the fish passage structure. Temporary construction access permits will also be obtained from the Union Pacific Railroad to use the existing access road below the Price-Stubb Diversion Dam. Temporary roads and access points will be recontoured and reseeded to reduce erosion. All construction specifications will include provisions to reduce erosion, restore landscapes, and provide for revegetation. Reasonable attempts will be made to avoid the loss of the mature cottonwood tree near the dam. In the event the mature cottonwood tree is lost as a result of construction activities, the tree will be replaced at a planting ratio of 10 saplings per mature tree. Stop-log channels will be installed in both the fish passage notch and boat notch to address Ute Water's concerns about impacts to the Ute Water Pump Plant. Ute Water will have the ability to install stop-logs during low river flows for their back-up drinking water pumping if needed. The proposed action will have no measurable effects on upstream or downstream river elevations at various flows. Endangered and native fish species will benefit from restored fish passage by providing access to additional critical habitat upstream of the Price-Stubb Diversion Dam. Restricting movement and removal of non-native fish species using a selective fish passage at the Grand Valley Project Diversion Dam as will also benefit endangered and native fish species. Reclamation will obtain Clean Water Section 404 authorization from the U.S. Army Corps of Engineers prior to constructing the fish passage. Permit conditions will be incorporated as environmental commitments. If the Downstream Rock Fish Passage with Whitewater Features Alternative is constructed, Reclamation and the Town of Palisade will submit the Section 404 application as co-applicants. If the Downstream Rock Fish Passage Alternative is constructed, Reclamation will be the single applicant on behalf of the Upper Colorado River Endangered Fish Recovery Program.