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• HQ (teleconference 1124/01): Permits and applications involving both waters that are clearly not regulated and waters that are still regulated, such as a tributary to an interstate river system, must be handled caze£ully, In such cases, the waters we no longer regulate should be reviewed in the context of the overall scope of analysis. In other words, where a permit is required for filling the tributary or its adjacent waters, we would view the project in terms of our scope of analysis. If the entire project is in our NEPA scope of analysis, then we would view the impacts to the isolated waters as indirect impacts. Based on this approach, the Corps can mitigate for their loss, because they are aquatic from a technical standpoint (1987 Wetland Delineation Manual), even though we do not have jurisdiction over such waters directly. A total of 6.54 acres of wetlands will be impacted as a result of mining operations. Impacts include 5.44 acre of oxbow wetlands and 1.10 acre of isolated oxbow and tai]water wetlands. This amount of disturbance represents the greatest acreage of wetland avoidance economically feasible for the project. As mitigafion for disturbance of the oxbow channel wetlands, the applicant proposes to create 3.50 acres of relocated oxbow channel wetlands on the project site, and 3.55 acres of wet meadow wetlands on the project site, totaling 7.05 acrd of created mitigation wetlands. The mitigation azeas will be preserved in perpetuity as per the attached deed restriction. The table below describes impacts and mitigation. Exis dn Areas Im acts Miti anon etland Feature uAstllctlon Status Total Area of all ezudn0 wetlands Juristllctfonal Wetland Areas Impacte0 Nonyurls. Wetland Areas /mpaetetl Juristllctional Wenantl Area Created Norypns. WedandArea Created A. Bi Thom Son Rivet JD bib to S. Platte River nd measuretl 0 acres B. Tailwa(er Wetlands Non-JD arti5aal i " afetl 13.92 acres 0.65 acres C. OxOOw ar Channel wetlands JD sudaee connected 6.04 odes 5.44 acres C'ISdaled Oxoow wetlands Non.1D Isolated 0.25 acres 0.25 arses D. Sitlesle See Wetlanda JD sudaca connectetl 5.51 acres 0 auea E. Toeslo a Wetlands JD sudaca mnnedatl 3.45 azeas d acra9 Miti atlan Wat meadow wetlantl NaMD sdato 3.55 acres Miff lion Ozbow/Channel Wetland JD surface connected .3.50 acres Tpta19 30.12 aces 5.44 aa¢a 1.f0acn:s 3.50 aCie5 3.55 acres Total Impacts and Mitl adon 6.54 acres impacted 7.05 acres createtl arM preserved Wetland mitigation will create, enhance, and/or replace wetlands disturbed by the mitring sequence. Mitigation includes creation of a wet meadow wetland and drainage channel wetland equivalent in character to the oxbow channel wetlands disturbed by the project. While additional wetland communities will be created along the shorelines of the post-Honing lakes, these communities will develop during the reclamation of the mining operation. 6.2 Fish and Wildlife, including Threatened and Endangered Species [Fish and Wildlife Act of 1956 (16 USC 742a, et seq.), Lligratory Nfarine Game Fish Act (16 USC 760c-760g), Fish and Wildlife Coordination Act (16 USC 661-666c), and Endangered Species Act of 1972 (16 USC 1531 et seq.)], Incompliance with the Endangered Species Act, the proposed project has been evaluated and it has been determined that it will have no effect on federally listed threatened or endangered species or their critical habitat. A Ute ladies' tresses orchid (Spiranthes diluvialis) survey was conducted, and the Service concurred that the project is not likely to adversely affect the continued existence of the orchid. See the letter from the Service dated July 24, 2001. Project: Green & Croissant Aggregate Mining Applicant: Loveland Ready Mix, Inc. Pg 21 of 53 Corps File lYo: 200180205 Waterway: Big 771ompson Wetlands. Weld County, CO