2010-11-22_REVISION - M2009023 (7)

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-3- 5. To mitigate for the loss 2.53 acres of wetland, you shall create 3.75 acres of wetland near an existing mining pond located within the La Plata River watershed. Furthermore, you shall compensate for 1.28 acres of perennial stream channel and 0.10 acres of intermittent stream channel by enhancing 4.77 acres of riparian area and providing for 0.19 acres of fish habitat. 6. You shall construct the compensatory mitigation prescribed by this plan concurrently with, or in advance of, the start of construction of the authorized/permitted activity. 7. To insure that mitigation is completed as required, you shall notify the District Engineer of the start date and the completion date of the mitigation construction, in writing and no later than ten (10) calendar days after each date. 8. To provide a permanent record of the completed mitigation work, you shall provide a complete set of as-built plans for the completed work. These as-built plans shall be provided to this office no later than 60 days after the completion of construction of the mitigation area wetlands. 9. If it has been determined through monitoring that the proposed project has caused degradation to water quality, you will be required to initiate corrective measures. Within 60 days from the observed degradation, you shall submit a comprehensive water quality corrective plan to the Corps Durango Office and the Department of Health and Environment for review and approval. The plan shall outline the source of the water quality issues, along with the method of restoration, a time schedule for work, and a follow-up monitoring and maintenance plan, if needed. 10. Flows within the La Plata River must mimic the natural flow regime as described in your Environmental Operation Plan (EOP). To insure that project does not impact native fish species within the La Plata River due to an altered flow regime, you must monitor the fish population within the river as described within your EOP and agreed upon by the Colorado Division of Wildlife (CROW) (December 20, 2007 letter from CROW to USACE). The monitoring shall be part of an adaptive management approach and shall be coordinated with the CDOW. 11. This Corps permit does not authorize you to take an endangered species, in particular, or designated critical habitat. In order to legally take a listed species, you must have separate authorization under the Endangered Species Act (e.g., an Endangered Species Act Section 10 permit, or a Biological Opinion under Endangered Species Act Section 7, with "incidental take" provisions with which you must comply). The enclosed Fish and Wildlife Service Biological Opinion (Number ES/GJ-6-CO-03-F-020, dated May 26, 2005), contains mandatory terms and conditions to implement the reasonable and prudent measures that are associated with "incidental take" that is also specified in the Biological Opinion. Your authorization under this Corps permit is conditional upon your compliance with all of the mandatory terms and conditions associated with "incidental take" of the attached Biological Opinion, which terms and conditions are incorporated by reference in this permit. Failure to comply with the terms and conditions associated with incidental take of the Biological Opinion, where a take of the listed species occurs, would constitute an unauthorized take, and it would also constitute non-compliance with your Corps permit. The Fish and Wildlife Service is the appropriate authority to determine compliance with the terms and conditions of its Biological Opinion, and with the Endangered Species Act. The permittee must comply with all conditions of this Biological Opinion, including those ascribed to the Corps. 12. To insure that the project does not indirectly introduce non-native fish species into the La Plata River, you shall install and maintain a fish screen at the outfall of the dam structure. Further Information: