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Attachment 1 Mining Plan) <br />• To create 3.55 acres of wet meadow wetlands on the project site (labeled "wet meadow mitigation" on <br />Attachment 1 Mining Plan) <br />The creation of 3.50 acres of oxbow channel wetlands and 3.55 acres of wet meadow wetlands results in a total <br />mitigation of 7.05 acres of wetlands. These wetlands will be created prior to impacts from mining, and will be <br />preserved in perpetuity in accordance with the attached deed restriction. The table below summarizes existing <br />wetland areas, impacts and mitgaton. Attachment 1 includes a mining plan map showing the locations of the <br />wetlands. Attachment 2 shows a summary table with anticipated mine phases; wet]and impacts, wetland <br />mitigation, and associated dates. Attachment 3 includes a detailed description of the mitigation plan. <br />ExisUn Areas kn acts Mib a[ion <br />- <br /> <br /> <br />WebaM FeaMe Jurisdiction Stalua <br />TaW Area of <br />ad exannA <br />wetlands <br />Jurisdictional <br />Wadantl Areas <br />Impacted I Nunyuris. <br />Wedand <br />Areas <br />lmpa<ted <br />JuristlicUanal <br />WeUantl Area <br />Created <br />Nonytuis. <br />WeOandArea <br />Created <br />A Bi Thompson River JD (tnb to s. Plebe River not measured 0 acres <br />B. Tailwaler Wellands NorvJO (anifidal i ' afed 13.92 acres O.aS acres <br />C. Oxbow a Channel wetlands JD surhace connected 6.9t acres 5.a saes <br />C' Isdatetl Oxbca' wedantls Non,JD isdated> 0.25 acres 0.25 acres <br />D. Sideslo a See Wetlantls JD surtdca connected 5.51 area 0 aces <br />E. TOeal Wellantla JD (surface ronnatled 3A5aoes Oases <br />Mitt lion Wet meatlOw webantl Non JD isdaled J.55 apes <br />M" Oxbow I Charmei Wetlantl JD sudace rorvracted 3.5n acres <br />Totals 30.12 acres 5.d4 acres 1. f0 acres 3.50 acres 3.55 acres <br /> <br /> <br />Total Imps<ts antl MiUAadon 6.51 aces impacted ].05 acres seated and preserved <br />Because of the nature of this activity being reviewed under an individual permit, and because of NEPA <br />regulations, the Corps has the authority and the responsibility to require mitigation for all impacted aquatic <br />resources (wetlands) regazdless of jurisdiction. Impacts to non-jurisdictional wetlands aze considered "induect" <br />impacts, and the Corps can require mitigation for their loss. See Appendix B to 33 CAR Part 325 <br />(NEPA regulations). Also, see the below informal guidance from HQ, which relates to NEPA scope of analysis: <br />• HQ (teleconference 1/24!01): Permits and applications involving both waters that are clearly not regulated <br />and waters that aze still regulated, such as a tributary to an interstate river system, must be handled carefully. In <br />such cases, the waters we no longer regulate should be reviewed in the context of the overall scope of analysis. Tn <br />other words, where a permit is required for filling the tributary or its adjacent waters, we would view the project <br />in terms of our scope of analysis. If the.entire project is in our NEPA scope of analysis, then we would view the <br />impacts to the isolated waters as indirect impacts. Based on this approach, the Corps can mifigate for their loss, <br />because they are aquatic from a technical standpoint (1987 Wetland Delineation Manua]), even though we do not <br />have jurisdiction over such waters directly. <br />3. Public Notice Issues (33 CFR Part 325.3]. <br />3.1. Public Notice Information. <br />3.1.1. Complete Application Date. July 23, 2003 <br />3.1.2. Public Notice Issue Date. August 11, 2003 <br />3.1.3. Public Notice Ea~piration Date. September 11, 2003 <br />Project: Green & Croissant Aggregate Mining Applicant: Loveland Ready Mix, fnc. Pg 12 of 53 <br />Corps File Yo: 200]80205 Waternay: Big Thompson \Nedands, Weld Cowry, CO <br />