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2 <br /> M. The permittee agrees that once the mitigation areas have been constructed and planted, proper <br /> precautions will be taken to prevent domestic animals and human activity from adversely affecting <br /> them. <br /> N. If, during the first three years after initial implementation of mitigation, the site conditions <br /> indicate that the success criteria are not likely to be achieved, the permittee agrees that remedial <br /> efforts will be undertaken after consultation with the DA. <br /> O. The pernttee agrees to construct the project as shown on the attached drawings in 13 Sheets <br /> dated 21 November 2001, which are attached to,and made a part of, this permit. <br /> P. The permittee shall provide as-built drawings of the mitigation areas and a completed As- <br /> Built Certification Form for each. <br /> a. The drawings and Certification Form are to be submitted within 90 days of completion of <br /> the work(through planting). The drawings and Certification Form must be signed and sealed by <br /> a professional engineer or surveyor registered in the State of Colorado. In the event that the <br /> completed work deviates from the approved permit drawings and special conditions, the <br /> permittee shall describe, on the Certification Form, the deviations between the work authorized <br /> by the permit and the work as constructed. A blank form is attached. Please note that the <br /> depiction and description of the deviations on the drawings and Certification Form does not <br /> necessarily mean that the Corps will approve of them. <br /> b. The drawings shall include the following: <br /> (1) Location of the work footprint(as shown on permit drawing 11 and 12 of 13) with an <br /> overlay of the work as constructed. <br /> (2) Clear indication of any deviations which have been described on the As-Built <br /> Certification Form. <br /> (3) The Department of the Army Permit number. <br /> c. As-built drawings and Certification Forms shall be submitted to the address given in <br /> Special Condition L above. <br /> Q. The permittee agrees that Phase 1 and Phase 2 mitigation sites will be functional as <br /> determined by the DA before any mining machinery is moved north of 104'`Avenue!' Further, <br /> the permittee will submit a detailed mitigation plan to the DA- for review and approval- to <br /> offset the proposed impacts to the 9.44 acres of wetlands north of 104t'Avenue. In addition, the <br /> permittee agrees that the submitted conceptual plan will document how the mining and <br /> mitigation will be accomplished without adversely impacting those wetlands not to be disturbed <br /> east of the realignment of Bull Seep as shown on Sheet 8 of 13. <br /> R. The permittee agrees that wetland impacts that have occurred in Areas 1 and 2 are partially <br /> offset by Phase 1 mitigation [6.86 acres] as shown on Sheet 11 of 13 with the Phase 2 mitigation <br /> [19.85 acres] as shown on Sheet 12 of 13 already having commenced construction [deposition of <br /> fines] on January 1, 2002. Planting [see Sheet 13 of 13 for plants, density, etc.] will occur within <br /> the growing season(May through August)—. <br /> S. The permittee agrees to place a conservation easement (see Attachment A) over all mitigation <br /> areas within 3 months of their construction completion[through planting]. <br />