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It was determined in June of 1004 that there were some errors in the original wetland delineation. The actual size of wetland C' is 0.15 acre (not 0.8$ acre) and the impacts to wetlands B were 0.85 acre (not 1.5 acre). Because of this correction, the impacts were corrected. This correction resulted in total impacts of 6.54 acre, which is less than initially thought. The mitigation plan of 7.05 acre is sufficient for this loss. 6. A consideration with regard to preservation of wetlands in perpetuity and control of cattle grazing at the site is that 404 permits aze always tied to the land -it is the responsibility of the landowner, not the lessee, to oversee and have control over the activities on his land. A deed restriction can be associated with this permit, but it is highly recommended that the landowner be a co-permittee on this permit so that he is fully awaze of the conditions and restrictions placed on his land as a result of a Federal permit. Having the landowner on the permit will also clarify who is responsible for what. In past cases, landowners have been held liable for violations performed by lessees of their land because 404 permits are ultimately tied to the land. By having the landowner as a co-permittee on this permit, and by assigning various conditions in the permit to the appropriate entity, it may help to prevent future misunderstandings and clarify who is responsible for certain activities and requirements as a result of the permit. The landowner and lessee both agreed to be co-applicants on the permit. 3.2.2 State Agencies. September 9, 2003 1. Care should be taken to avoid spreading and introducing noxious weeds. Equipment should be cleaned periodically to remove weed seeds even if no weeds aze recognized. All disturbed azeas should be promptly revegetated using native species to prevent erosion and invasions by weeds. The applicant is committed to controlling weeds on the project site, therefore there is no problem incorporating the noxious weed control plan into the Corps approval. A noxious weed management plan will be incorporated into the special conditions, 2. We recommend that a fish survey be conducted on the proposed project site in order to assure that the newly relocated created wetlands are identical in fish species composition. The fish in the oxbow channel were a variety of common shiner, chub, or dace. The Colorado Division of Wildlife does not have the statutory authority to require that fish species be surveyed or replaced on an identical per species basis for this project. )Then the existing oxbow is disturbed the applicant will ensure that no fish are "trapped " as the water levels of the oxbow decrease. September 9, 2003 ]. The Big Thompson River is an over appropriated stream system; therefore, to prevent injury to vested water rights, any wetlands mitigation must be limited to a one-to-one ratio. If the mitigation exceeds this ratio, the stream system must be compensated for these depletions in time, place and amount through a court approved augmentation plan. It is the applicant's responsibility to comply with State water rjghts regarding the mining activity and mitigation. A copy of the water substitute supply plan is included as an attachment in this decision document. Project: Green & Croissant Aggrcgate Mining Applicant: Loveland Ready Mix, Inc. Pg 16 of 53 Corps File No: 200]80205 Waterway: Big Thompson Wetlands. Weld County, CO