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Co ~,Kc c~ j <br />.~... -„ <br />Habitat Management, Inc, <br />3571 E Phillips Cirde, Centennial, Colorado 80122 <br />June 19, 2003 <br />Mr. Mark Kempton <br />Anderson Consulting Engineers, Inc. <br />772 Whalers Way, Suite 200 <br />Ft. Collins, CO 80525-3314 <br />RE: Kehn Construction - Timnath Gravel Pit, Wetland Permit <br />Dear Mark: <br />This correspondence summarizes our field inspection of Kehn Construction's Timnath Gravel Pit on June <br />19`s and our discussion concerning their Army Corps of Engineer ("Corps") wetland permit requirements. It <br />provides recommendations to reduce 404 permit expenditures and is based on our understanding of Kehn <br />Construction's primary goal, which is a reduction in the amount of acreage required for compensatory <br />wetland mitigation that would increase the feasibility of development of water storage ponds. <br />After our site visit and a review of the permit document you provided we conclude that this goal is <br />attainable and a worthwhile pursuit. This will involve amendment of the existing 404 permit. While permit <br />amendment may sound onerous, it should prove worthwhile from a regulatory and economic perspective. <br />The permit is scheduled for interim review by the Corps in 2004 and amending the permit now would <br />simply initiate this process ahead of schedule. It would also provide a proactive approach to compensatory <br />wetland reduction, rather than risk reaction to potential Corp inspections that could identify permit non- <br />compliance. Significant cost benefits are realized by amending the current permit in terms of reduction in <br />Corp permit compliance costs and increased potentials for water storage/sale from this site. <br />Currently, the permitted compensatory wetland mitigation ratio is 1.73:1 (remember that open water areas <br />of the proposed mitigation plan do not qualify as compensatory wetlands). The mitigation ratio currently <br />contained in the permit was probably set at this high level because compensatory wetland monitoring <br />requirements and success standards are not_ specified herein (common during the period this permit was <br />issued). It is possible to reduce the jurisdictional wetland/compensatory wetland ratio to 1:1 in trade for <br />implementing a detailed monitoring program. The Corps has the opfion to require revisions addressing <br />compensatory wetland monitoring during the upcoming interim permit review process. The cost savings <br />associated with reduced compensatory wetland construction will more than offset such monitoring costs. <br />Also at this time it would be prudent to re-evaluate the original wetland delineation. During our site visit <br />we noticed that a significant portion of the areas originally delineated as wetland appear to irrigated pasture <br />and not jurisdictional wetlands (possibly as much as 50%). Whether this is a result of changes in the local <br />hydrologic regime or an oversight made during the original delineation is unclear. Regardless, re- <br />delineating this site should lead to a substantial reduction in impacts to jurisdictional wetlands and <br />associated mitigation requirements. Please note that if a lack of current wetland indicators in areas <br />previously delineated as jurisdictional is due to mining induced changes in the local hydrologic regime, <br />obtaining the Corps concensus may be more difficult. Conversely, if current wetland indicator absence is <br />due to previous delineation errors or a change in agricultural management (i.e., reduction or cessation of <br />irrigation) the likelihood of obtaining Corps approval for reductions in jurisdictional wetland are improved. <br />Under normal circumstances a COE verified wetland delineation is good for five years. After this point the <br />delineation is subject to review. Recent court rulings present the opportunity to determine if isolated <br />wetlands exist within this property that are no longer subject to Corps jurisdiction and can be used to <br />initiate re-delineation. To proceed, this matter should be discussed in non-specific terms with a COE <br />representative to assess the current regulatory climate. If Kehn construction chooses to proceed with re- <br />delineation, it is further recommended that the Corps be fully informed concerning this activity prior to <br />