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3.2.3 Public. <br />No comments were received from the public in response to the public notice. <br />3.2.4 Tribal. <br />No comments were received from tribal entities in response to the public notice. <br />33 Public Hearing [33 CFR Part 327). <br />Public hearings are held if the Corps determines additional information from such a hearing is needed to make a <br />final permit decision. Generally, public hearings aze held if comments to the public notice raise substantial issues <br />which cannot be resolved informally. Public hearings aze conducted on an as needed basis at the discretion of the <br />District Engineer. <br />No public hearing was requested or held for this project. <br />4. Compliance with Other Federal and State Laws. <br />4.1. State of Colorado, Water Quality Cert~ca8on. <br />The Colorado Department of Public Health and Environment issued Section 401 Water Quality Certification No. <br />3074 on September 8, 2003, in accordance with Secton 401 of the Clean Water Act. The water quality certification <br />is shown on Attachment 5. <br />4.2. National Historic Preservation Act. <br />in compliance with Section 106 of the National Historic Preservation Act of 1966, as amended, the National Rego <br />of Historic Places and current supplements have been consulted and no listed properties aze located within the project <br />area. A list of area historic sites is shown in Attachment 8. <br />Additionally, the Colorado State Historic Preservation Office (SHPO) was sent a public notice for the project and no <br />concern relevant to the impacts of the project was expressed by SHPO. Tn a telephone conversation on 10 <br />September 2001 [memo in Attachment 8], SHPO indicated that SHPO reviews all public notices and would <br />comment when there was something of potenfial interest to them within the project boundaries. Thus, if there is <br />no response, the DA assumes that the proposed work would have no effect on any sites listed, or eligible for <br />listing in the National RPgster of FTistnric Places, or otherwise of national, state, or local significance. <br />4.3. Endangered Species Act. <br />In compliance with the Endangered Species Act, the proposed project has been evaluated and it has been detemlined <br />that it will have no effect on federally listed threatened or endangered species or their critical habitat. <br />A Ute ladies' tresses orchid (Spiranthes diluvialis) survey was conducted, and the Service concurred that the project <br />is not likely to adversely affect the continued existence of the orchid. Seethe letter from the Service dated July 24, <br />2001. <br />Project: Green E. Croissant Aggregate Mining Applicant: Loveland Ready Mix, Inc. Pg 17 of 53 <br />Corps File No: 200180205 Waterway: Big Thompson Wetlands, Weld County, CO <br />