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x'0/04/2003 07:25 3032568459 DAVID WILEDEN PAGE 01 <br />I. <br />I <br />.~ ~¢.... ... +r : ... <br />w.r;<..- <br />October 2, 2003 ' <br />Habrtat'. ~Ia~tagerrt ent, Inc. <br />,~'m~ironmental Ca~ulttn~ & Construction <br />Mr. Dan Kahn <br />Don Kelm Construction Inc. <br />6550 S. County Road S <br />kort Collins, Colorado 80528 <br />RE: Wetland Delineation and Compliance at Titztnath <br />Dear Mr. Kehn <br />Habitat Management, Tnc. has completed the initial <br />through which your mitigation requirements for the <br />This letter is to inform you o£ out' findings in this m: <br />action to pursue. Our initial investigation centered <br />pertaining to your permit and discussions with US ~ <br />representatives involved with your current permit. <br />,A~s stated i;n our proposal to you, we believed there w~ <br />arnertding your permit to reflect a ] : l ratio for compe>~ <br />reduce your mitigation requirements of 144.4 acres dol <br />that a l :1 mitigation ratio would satisfy COE required <br />atxtended to require a maximum of 78.4 acres of compl <br />with this work pending your authorization to proceed. <br />The issue of the oxiginat delineation's accuracy has be <br />they are reluctant to reopen this mutter because: 1) lYl <br />area have akeady been initiated, and 2) Key COE per. <br />was spent verifyiang the Sccuracy of this delineation in <br />performed a»d submitted. Due to the COE's current <br />a re-delineation of the site would be cost effective at ~ <br />willing to review the existiz-g delineation on the basis <br />site may be isolated and therefore exempt from, regale <br />Based on available information there maybe stxtall gas <br />however, most of the wetlands on your property dispJ <br />of the US and would not be considered isolated. Des <br />its jurisdictional wetlands, pursuing this zztatter is prob <br />require a relatively small input of time and resource, F <br />compensatory wetland is significant. <br />V 1 ~ ~ ` ~ <br />,~~ ems' , ~ <br />ravel Pit ~ryt~' ~~"~ <br />e of investtga on of aver es ,~5 t Y•i <br />path gravel pit maybe reduced. ~~~ <br />aad to suggest a firture course of <br />~d a review of the historic record <br />Corps of Engineers (CQE) <br />a reasvz~able chance that <br />story wetlaztd creation could <br />n to 78.4_ We have determined <br />its and the permit can be <br />isatory wetland. We will proceed <br />discussed with the COE and <br />ag activities within the permit <br />nel claim that considerable tiutne <br />field during the time that it was <br />nce on this matter we do not feel <br />tinne. However, the COI; is <br />i a portion of the wetlands on <br />n under recent court rulings. <br />to be rnade in this area, <br />a surface cornaection to Waters <br />the potentially small reduction <br />y worthwhile since it would <br />the cost to build an acre of . <br />Pir-aily, please be advised that when t contacted the C E and requested to review your <br />permit file, they informed the that they are considexing ssuing anon-compliance order <br />and possibly revoking your current permit. As you ar¢ aware, suclt action by the COE <br />could result in mining cessation, compliance orders specific timeframes and <br />monetary fines that znay be substantial in nature. Du ~ g permit review, some COE staff <br />~-- 14 Inverness Drive East, Su ate G-22A, Englewq d, CO 80112 <br />