2020-08-05_PERMIT FILE - M2020008

Home Browse Search

SCOTT The NWI mapping, which shows much of the western portion of the Parcel as wetlands, means that prior to developing those areas, the burden of proof is on Scott Contracting to prove to the USACE that the wetlands are either (a) supported entirely by irrigation water and therefore non- jurisdictional, or (b) no longer meeting the regulatory definition of wetlands. In general, no more than 0.5 acres of direct wetland impact can be permitted without going through the extensive USACE Individual Permit process, therefore seeking a permit for impact to the wetlands is incompatible with effective development on the Parcel. However, documenting that the Parcel no longer contains wetland characteristics will allow full development on the site. Based on the underlying hydrology and geology described above, Scott Contracting believes removing irrigation tailwater discharge from the Property, by rerouting the Last Chance Ditch and laterals, will remove the sole water source for the wetlands and result in the loss of wetland characteristics. Scott will monitor and document the change in wetland conditions and will seek formal confirmation of the findings from the USACE via an Approved Jurisdictional Determination. Once the USACE has formally recognized that the removal of irrigation water has resulted in the loss of wetland criteria, indicating that the wetlands are agriculturally induced, Scott Contracting will proceed to develop the remaining portion of the Property. e. The attached storm water and erosion control plan (Exhibit G) addresses the issues raised in this Section 4(e). f. No domestic water will be utilized at the property; all potable water will be imported from offsite sources. At this time, Scott Contracting has not yet secured its potable water source; however, we will ensure that any offsite potable water brought to the property is obtained from a legal source that is approved for commercial use. 5. Exhibit H - Wildlife Information; Rule 6.4.8 a. The Ute ladies-tresses were evaluated for potential impacts resulting from this project, per the U.S. Fish and Wildlife Service (USFWS) Threatened and Endangered species list (IPaC November 7, 2019). Based on this analysis, the project location was determined to be outside of all proposed and final critical habitats for the species. The nearest habitat that could support this species is in or immediately adjacent to the Colorado River. There is an extremely low likelihood that Ute ladies- tresses orchid occurs on the property because it is either outside the known range or does not support suitable habitat for the species. We have not conducted any surveys on the property at this time (given the .. -1 1 20. .. ..11._ ....