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Nov 3 o 2011 <br />DEPARTMENT OF THE ARMY <br />CORPS Of ENGINEERS, OMAHA DISTRICT <br />DENVER REGULATORY 01TICE, 9307 SOUTH WADSWORTH BOULEVARD <br />LITTLETON. COLORADO 80128 -6901 <br />November 25, 2011 <br />Ms. Mon ka Worah <br />ERO Res 3urces Corp. <br />1842 Cla -kson Street <br />Denver, Colorado 80218 <br />RE: elter Pipeline Reservoir Improvements <br />ationwide Permit No. 12, Corps File No. NWO -2011 -2065 -DEN <br />Dear Ms.l Worah: <br />eference is made to the above - mentioned project, submitted on behalf of the Center of Colorado Water <br />Consery cy District, located on Mosquito Creek near Alma, in Section 13, Township 9 South, Range 78 West, <br />in Park unty, Colorado. <br />our August 8, 2011 letter requests verification that the following activities can be authorized via <br />Nationwi Je Permits: 1) repair or replace the existing inlet pipe and outlet valve: 2) install an extension to the <br />existing i filet pipe; 3) install a flow meter valve; and 4) install a 6 -inch outlet pipe to Mosquito Creek. <br />ased on the information provided, this office has determined that the work within Colorado is <br />authorize I by the Department of the Army Nationwide Permit No. 12, found in the March 12, 2007, Federal <br />Re¢ister. Enclosed is a fact sheet, which fully describes this Nationwide Permit and lists the General Conditions, <br />Section 4 4 Only Conditions, and Colorado Regional Conditions, which must be adhered to for this authorization <br />to remain valid. <br />Special gondition: <br />A. <br />This orps pen-nit does not authorize you to take an endangered species. In order to legally take a listed <br />speci s, you must have separate authorization under the ESA (e.g., an ESA section 10 permit, or a BO under <br />ESA section 7, with "incidental take" provisions with which you must comply). The enclosed U.S. Fish and <br />Wild ife Service (FWS) BO contains mandatory terns and conditions to implement the reasonable and <br />prudent measures that are associated with "incidental take" that is also specified in the BO. Your <br />authc rization under this Corps permit is conditional upon your compliance with all of the mandatory terns <br />and C Dnditions associated with incidental take of the attached BO, which terms and conditions are <br />inco rated by reference in this permit. Failure to comply with the terms and conditions associated with <br />incid ntal take of the BO, where a take of the listed species occurs, would constitute an unauthorized take, <br />and i would also constitute noncompliance with your Corps permit. The FWS is the appropriate authority to <br />deter tine compliance with the terns and conditions of its BO, and with the ESA. <br />1 <br />