GENERAL46848

• Permit No: M2001022
• IBM Index Class Name: General Documents
• Doc Date: 11/29/2004
• Doc Name: Decision Doc. from ACOE on 404 Wetlands Permit
• From: ACOE
• To: DMG
• Media Type: D
• Archive: No

A habitat survey was also conducted for the Preble's Meadow Jumping Mouse (Zapus hudsonius preblel) and the
Service concurred that Preble's habitat is not present within the subject azea. However, the Service notes that
Preble's has been captured upstream from the site along the Big Thompson River and also downstream neaz the
South Platte River. The Big Thompson River on the northeast portion of the Croissant property may serve as a
dispersal corridor. The Service concluded that development or other actions on this site should not have direct
adverse effects to Preble's provided that a potential for Preble's dispersal along the Big Thompson River is not
excluded. Should Preble's populations exist downstream from the site, actions on the site that result in significant
modification of Preble's habitat downstream (for example, through alteration of existing flow regimes, or
sedimentation) may be subject to previsions of the Endangered Species Act.. See the letter from the Service dated
September 7, 2001 (Attachment 10).
A water substitute supply plan, submitted to the Colorado Office of the State Engineer and provided with the permit
application shows that annual depletions totaling 71.38 acre-feet of evaporation loss and other sources of loss will be
replaced with 200 acre-feet of leased water from the City of Loveland, which, after river transit tosses of 3.75 % has
a replacement yield of 92.24 acre-feet. In addition, there are no plans for water storage in the future. Therefore, it
has been determined that depletions to the South Platte River Endangered Species habitats will not occur.
A letter (informal Section 7 Consultation) requesting concurrence of this decision was sent to Sandy Vana-Miller of
the U. S. Fish and Wildlife Service on December 9, 2003. Through discussions between the applicant, their
consultant Mike Savage, Sandy Vana-Miller (U5FWS), and Don Anderson (USFWS), it was determined that
historical depletions aze no longer an issue because all the augmentation water that will be leased from Loveland to
address the Green/ Croissant mining operation depletions will ultimately derive exclusively from water that is .
delivered through reclamation facilities to Loveland's Green Ridge Glade Reservoir, which has already been
consulted on. See a-mails between Don Anderson (LTSFWS) and Rena Brand (Corps) dated January 22, 2004 and
Mazch 8, 2004 concurring with the "no effect" decision (Attachment 11).
6.3 Water Quality [Sections 401 and 402 of the CWA of 1972 (33 USC 1341}[.
Colorado Department of Health issued Section 401 Water Quality Certification Number 3074 on September 8,
2003, in accordance with Section 401 of the Clean Water Act. The permittee agrees to comply with Certification
Number 3074, the requirements from which aze attached to, and made a part of, this permit. The water quality
certification is shown on Attachment 5.
6.4 Historic, Cultural, Scenic and Recreational Values [National Historic Preservation Act of 1966 (16 USC
470) and Preservation of Historical and Archaeological Data Act of 1974 (16 USC 469 et seq.)].
6.41 Historic and Cultural Values.
In compliance with Section 106 of the National Historic Preservation Act of 1966, as amended, the Lational
j~rgister of Nicmnc Pla ..c and current supplements have been consulted and no listed properties are located
within the project area. A list of azea historic sites is shown in Attachment 8.
6.4.2 Wild and Scenic Rivers. None.
6.4.3 National Landmarks, National Wilderness Areas, National Seashores, National Recreation Areas,
National Lakeshores, National Parks, National Monuments. None.
6.4.4 Recreational Values. None.
Project: Green & Croissant Aggrcgate Mining AppllcaaC Loveland Ready Miz, Inc. Pg 22 of 53
Corps File No: 200180205 Waterway: Big 1'h°mpson Wetlands. Weld County, CO