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~- <br />,~ _ 1 <br />-2- <br />5. If a conditioned water quality certification has been issued for your project, you must comply with the <br />conditions specified in the certification as special conditions to this permit. For your convenience, a <br />copy of the certification is attached if it contains such conditions. <br />6. You must allow representatives from this office to inspect the authorized activity at any time deemed <br />necessary to ensure that it is being or has been accomplished in accordance with the terms and conditions of <br />your permit. <br />\ Special Conditions: <br />1 The permittee shall maintain a minimum of a 100-foot buffer zone along the Colorado River (from tap of <br />~nk landward 100 feet within the riparian corridor). The buffer shall extend to the special boundary <br />identified for Mining Area a and Mining Area C as identified in Figure 2, revised Colorado River Flood <br />Plain, Sheets 2 and 3 of 4, dated November 2001. <br />The permittee shall maintain a 100-foot buffer zone along Mamm Creek, Dry Creek and unnamed tributary <br />ainages, and a 50-foot buffer zone at ail wetland mitigation areas aril wetland sites not authorized for <br />impact by this Department of. the Army permit_ <br />3. Prior to project construction, the permittee shat! provide a plan to maintain the project site and <br />prevent the mined area from becoming the main channel of the Colorado River. The permittee shall perform <br />those measures deemed necessary by the Corps of Engineers to insure channel change does not occur: <br />4. The permittee shalt revegetate the degraded portions of the riparian corridor buffer zone with native <br />species indigenous to the project site to include herbaceous, shrub and averstory plants. The applicant <br />shall provide a specific planting plan, including identification of the degraded portions of the riparian <br />corridor, for Corps of Engineers approve( prior to project construction. The riparian restoration plan <br />shall occur concurrent with each phase of mining. <br />5. The permittee shalE create 3.82 acres of wetlands to mitigate far the loss of functions and value 2.49 <br />acres of permanently i~acted wetlands. The mitigation shall be performed according to the creation concept <br />described at pages 27-28 and the wetland seed mix shown as Table 13, .of the original Wetland Permit <br />Application, Mamm Creek Sand ~ Gravel Mine, dated February, 2009. <br />6. The permittee she[[ develop appropriate performance standards and provide annual monitoring reports <br />describing the relative success et both the Riparian Restoration PFan, arxi the Wetland Mitigation plan by <br />October 30, for a period of five years. At the end of the 5-year monitoring period, the applicant shall <br />take those additional measures deemed necessary by the Corps of Engineers to insure riparian restoration and <br />wetland mitigation success. ' <br />7_ The permittee shall comply with the Recovery Plah Agreement developed and provided by the FWS, and dated <br />March 5, 2002. <br />8. Prior to the final mining phase, the permittee shall provide the Corps of Engineers xith an appropriate <br />final design pEan which describes how the mine area will be restored as a high flow channel. This design <br />shall be approved in writing by the Corps of Engineers prior to implementation, and shaft insure an adequate <br />flow through chaMe.l during average annual high flow events. <br />The permittee shalt either construct a livestock proof fence along all buffer zones, all wetlands not <br />'thorized for impact and all wetland mitigation sites, or remove livestock grazing from the project site. <br />Further Information: <br />1. Congressional Authorities: You have been authorized to undertake the activity described above pursuant <br />to: <br />( } Section 10 of the Rivers and Harbors Act of 1899 (33 U.S.C. 403). <br />(X) Section 404 of the Clean Water Act (33 U.S.C. 1344). <br />F <br />i <br />