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