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B. The permittee agrees to construct the project and mitigation as shown on the attached drawings <br />in three (3) Sheets dated 3 April 2008, which are attached to, and made a part of, this permit. <br />C. The permittee agrees to create 1.2 acres of waters of the United States before impacting 1.2 <br />acres of Ditch F completing through planting the mitigation within 3 months of the realignment. <br />The permittee shall hire a professional ecologist - to oversee that the mitigation, which will be <br />accomplished in accordance with the attached mitigation plan and with these special conditions. In <br />cases where a conflict between the two exists, the special conditions supersede the instigation plan. <br />D. If heavy equipment is used for the subject project that was previously working in another <br />stream, river, lake, pond or wetland within 10 days of initiating work, one of the following <br />procedures is necessary to prevent the spread of New Zealand Mud Snails and other aquatic <br />hitchhikers: I <br />(1) Remove all mud and debris from equipment (tracks, turrets, buckets, drags, teeth, etc.) <br />and keep the equipment dry for 10 days; or <br />(2) Remove all mud and debris from equipment (tracks, turrets, buckets, drags, teeth, <br />etc.) and spray/soak equipment with either a 1:1 solution of Formula 409 Household Cleaner and <br />water, or a solution of Sparquat 256 (5 ounces Sparquat per gallon of water). Treated equipment <br />must be kept moist for at least 10 minutes; or <br />(3) Remove all mud and debris from equipment (tracks, turrets, buckets, drags, teeth, etc.) <br />and spray/soak equipment with water greater than 120 degrees F for at least 10 minutes. <br />E. The permittee agrees that the created wetlands will be considered successful and self- <br />sustaining when the following conditions have been met without intervention in the form of <br />irrigation, removal of undesirable vegetation or replanting of desirable vegetation for a five (5) <br />consecutive year period: <br />a. At least 80 % (determined by ocular estimate of herbaceous and shrub foliar cover) of the <br />mitigation site is vegetated were appropriate, at least 50% of the total number of <br />dominant species present will consist of species rated as facultative or wetter, and at least <br />50% of the dominant species present shall have been planted species. <br />b. Those species shown on the Colorado Noxious Weed Inventory list-A shall be 100% <br />eradicated. Those species shown on list-B shall be no more than 10% or less of the total <br />cover in the mitigation area. The lists can be found at <br />http://www.ag.state.co.us/CSD/weeds/statutes/weedrales.pdf. <br />c. In disturbed upland areas bordering, and draining into, the created wetlands, less than 20 <br />percent aerial cover will contain non-native plants. <br />F. The permittee agrees to monitor the mitigation during the summer months each year <br />beginning in 2008. Annual Reports will be submitted to the Corps of Engineers before <br />December 31 of each year beginning in 2008. If no work has been done, state as such in the <br />report. The format of this report shall follow the requirements shown in Attachment A. Your <br />responsibility to complete the required compensatory mitigation will not be considered fulfilled <br />until you have demonstrated mitigation success and have received written verification from the <br />Corps. <br />If, at any time during the first two years after initial implementation of mitigation, site conditions <br />indicate that the success criteria are not likely to be achieved, the permittee agrees that remedial