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~ECORO OP OEClstOtol Wolfold M__l Pol-*" ClWlr.l b_"",r '.ne stated that it was unaware of any requirement for EPA concurrence with its record of decision. BLM provided reassurance that the record of decision would fully comply with the provisions of all applicable State and Federal environmental permits, including those issued under the Clean Water Act, and that impacts to the environment would be adequately mitigated. B~~ received a letter from EPA dated April 10, 1991, which recommended changes to the March 1991 revised final Mitiqation Plan for the Wolford Mountain Reservoir Proiect. EPA restated its previous efforts to ensure that the mitigation plan would be usable for Clean Water Act, Section 404 permitting, and that evaluation criteria for mitigation success were necessary. This letter contained detailed evaluation criteria specifically for wet meadow wetlands and water quality and a revised water quality monitoring program. EPA also suggested that BLM examine other evaluation criteria in the March 1991 revised mitigation plan to ensure that the criteria are enforceable and not ambiguous. The above mitigation plan concerns were addressed by BLM in official correspondence to EPA dated October 25, 1991. BLM stated that most of the EPA concerns were already incorporated in the final mitigation plan except for addressing the potential failure to achieve or maintain vegetative conditions. Subsequently, BLM has developed criteria to be incorporated in the plan of development that pertain to maintaining or achieving specified vegetative and grazing conditions. These criteria will be a required permit condition prior to any construction. BLM believes that with the inclusion of these criteria in the plan of development, the final mitigation plan adequately addresses wetland mitigation impacts associated with project imolementation. Finally, the BLM indicated that the revised water quality monitoring plan would also be included in the Plan of Development and become a required permit condition. The District will be obligated to meet all of the permit conditions. During the spring of 1990, Trans Mountain Hydro Corporation (Corporation) and Summit County (County) filed documents entitled "Protest to Amending The Krernmling Resource Management Plan and Comments Concerning the Substitution of Rock Creek/Wolford Mountain Water for Green Mountain Reservoir Water." The protest of March 29, 1990, and supplemental protest of April 27, 1990, filed by the Corporation, and the protest of April 12, 1990, filed by the County, primarily addressed the proposed substitution agreement. BLM informed the Summit County Board of County Commissioners that its letter of April 12, 1990, did not qualify as a protest. In its October 11, 1990, response to the Corporation, BLM did not formally recognize the Corporation's supplemental protest filed April 27, 1990. According to applicable BLM regulations, supplementation is allowed only after a determination by the BLM that a protest is incomplete and