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i • LEAVENWORTH & ICARP, P.C. Army Corps Public Notice Number: 200175036 Page 6 March 30, 2001 detailed in the enclosed report of the Colorado Division of Wildlife: The riparian area along the Colorado River, where this proposed development will take place, is extremely important, as it provides habitat for more wildlife species than any other habitat type in Colorado. This sand and gravel operation will have negative impacts on the wildlife that utilizes it. E.rhibit E. In order to mitigate the negative impacts of the proposed mine, the Colorado Division of Wildlife recommends the creation of shallow wetland azeas. Exhibit E (emphasis added). "A basin-like grave] pit filled with water is not very productive for wildlife species that currently utilize the area." Exhibit E. Despite that recognition, Roaring Fork Resources' permit application states that the company only "conceptually expects to create 10.73 acres of wetlands, 101 acres of aquatic habitat (open water) and 10.11 acres of drainage channel." Permit Application, at p. 4 (emphasis added). Applicant's failure to commit to actively mitigating the negative impacts of its mining operation on area wetlands, riparian habitat and wildlife raises two issues: First, Applicant has failed to comply with wetland mitigation that generally calls for the creation of wetlands to the same, if not greater, extent than the destruction of the wetlands occurs. Second, Applicant's failure to.commit to mitigating the envirorunental consequences of its actions further underscores the need for an Environmental Assessment or Environmental Impact Statement to fully assess the cumulative environmental impacts of the proposed project prior to issuance of any agency permits. Further, proper revegetation would help mitigate impacts to area wetlands and loss of riparian habitat. Exhibit E. Such revegetation would also mitigate against the visual impacts of Applicant's proposed mining operation on the City's entrance, as the property disturbed by the mining operation "will likely see an increase in non-native vegetation and noxious weed infestations." Exhibit E. Finally, while the City currently enjoys the existence of bald eagles and other wildlife in the area, the mining operation will likely force some of that wildlife to abandon the area. Exhibit E. Also, the Colorado Division of Wildlife recognizes that mining the renewable zesource area I may pose a threat to the heron rookery located nearby. Exhibit E. In order to mitigate against these impacts, as well as those referenced above, the Ciry of Rifle seeks assurance that the mining 0 operation's impacts on wildlife, wetlands and riparian habitat are significantly reduced or y eliminated prior to issuance of a CWA §§ 401 or 404 permit. Also, due to the potential impact of the proposed gravel mine on protected species, the Army Corps should consult with the U.S. Fish and Wildlife Service prior to issuing a CWA § 404 permit to Applicant, as required by Section 7 of the Endangered Species Act. 16 U.S.C. § 1536. This interagency consultation requirement supports the need for an Envirotunental Assessment or Environmental Impact ~`.' Statement in order to fully address the conceras of each agency.