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efforts will be undertaken after consultation with the Corps of Engineers. In addition to on-site <br />remedial efforts, if the Corps determines that additional on-site efforts are fruitless, remedial <br />efforts may include new mitigation plans and sites, the purchase of credits from a mitigation <br />bank or participation in an in-lieu fee program. <br />G. The permittee agrees to contact the U. S. Fish and Wildlife Service, Office of Migratory Birds, <br />at (303) 236-8171, for permitting requirements prior to the removal or destruction of any bird nest. <br />H. The permittee agrees that they are responsible for all work accomplished in accordance with <br />the terms and conditions of this authorization. If a contractor or other authorized representative <br />will be accomplishing the work hereby authorized in behalf of the permittee, such parties shall be <br />provided a copy of this authorization so they are aware of the terms and conditions. An activity <br />that fails to comply with the terms and conditions of this authorization will be considered <br />unauthorized and all responsible parties will be subject to appropriate enforcement action. <br />1. The permittee agrees to follow the Section 401 Certification Requirements that are attached to, <br />and made a part of, this permit. <br />I The permittee agrees that all construction debris will be disposed of on land in such a manner <br />that it cannot enter a waterway or wetland. <br />K The permittee agrees that when the District Engineer has been notified that a filling activity is <br />adversely affecting fish or wildlife resources or the harvest thereof and the District Engineer <br />subsequently directs-remedial measures, the permittee will comply with such directions as may be <br />received to suspend or modify the activity to the extent necessary to mitigate or eliminate the <br />adverse effect as required. <br />L. Based on information provided by the applicant, the Corps has determined the basic project <br />purpose to be mining gravel. This project purpose was the basis upon which the Corps conducted <br />its review of the application, as well as a basis for the Corps' determination that permit issuance is <br />in the best interest of the public. Accordingly, the Corps authorizes no change in project purpose, <br />or in the nature of the permitted activity, without prior review and approval. <br />M. The permittee agrees that equipment for handling and conveying materials during construction <br />shall be operated to prevent dumping or spilling the materials into the water except as approved <br />herein. <br />N. The permittee agrees that care will be taken to prevent any petroleum products, chemicals, or <br />other deleterious materials from entering the water. <br />0. The permittee agrees that steps will be taken to prevent materials spilled or stored on shore from <br />washing into the water as a result of cleanup activities; natural runoff, flooding, and that, during <br />construction, any materials which are accidentally spilled into the water will be retrieved. <br />P. The permittee agrees that all work in the waterway will be performed in such a manner so as to <br />minimize increases in suspended solids and turbidity which may degrade water quality and damage <br />aquatic life outside the immediate area of operation. <br />Q. The permittee agrees that all areas along the bank disturbed or newly created by the construction <br />activity will be seeded with vegetation indigenous to the area for protection against subsequent <br />erosion. <br />1R. The permittee agrees that the clearing of vegetation will be limited to that which is absolutely <br />necessary for construction of the project.