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M, }y DEPARTMENT OF THE ARMY CORPS OF ENGINEERS, OMAHA DISTRICT 106 SOUTH I STH STREET OMANA,NEBRASKA 661 02-1 6 1 B CERTIFIED MAIL REPLY TO SEP 2 9 2004 RF.TTTRN RF-CF.TPT RFQTTF.STIRD ATTENTION OF: District Engineer E C E D Mr. Frank Hempen OCT - 5 Weld County.ublic Works Department 933 North 11 Avenue Greeley,Colorado 80632 WELD COUNTY PUBLIC WDRKS DEPT Dear Mr. Hempen: Reference is made to the compliance issues associated with the mitigation site for Department of the Army Permit No. 199980251. The mitigation site,known as Geisart Pit,is located in Section 31,Township 6 North,Range 66 West,Weld County,Colorado, and was to compensate for the loss of 2.4 acres of wetlands associated with sand/gravel mining activities that occurred at the 83`d Avenue Gravel Pit. Following your request,dated July 8,2004,to give this mitigation site a full growing season operating under the remedial plans submitted last October,we delayed any further action on the compliance issue until the scheduled site visit on September 4,2004. As indicated in our letter dated July 13,2004,if the site did not show a substantial improvement, we would initiate (according to 33 CFR Part 325.7 a and b)procedures to amend your permit to require the purchase of mitigation bank credits to meet the requirements as outlined in your permit. The site visit revealed that little, if anything,had changed at the site. The mitigation area vegetation was generally weedy, with occasional wetland plants, but dominated with upland or facultative species. Active mining,it was admitted,was going to continue with the consequent drawdown of hydrology from the wetland. Although manual watering of the area was reported, there were no indications that the frequency,duration,or volume was sufficient to maintain wetland conditions. As the result of these periodic progress inspections and based upon the requirement you have to fully offset, in a timely fashion,the impacts to wetlands/waters of the United States authorized by Permit No. 199980251, we are hereby notifying you of our intent to modify your permit. The modification would be as follows: Special Condition A reads,in part, "That Weld County will mitigate,for the loss of 2.4 acres of wetlands,in the Geisert Pit as indicated in the permit application." This would be replaced with Special Condition E, which would react, "The permittee agrees to purchase 2.4 acres of mitigation credit from an established mitigation bank of their choice by November 1,2004." The remaining Special Conditions,B, C,and D relate to the creation of the mitigation and,so, are deleted.