Laserfiche WebLink
2010 04/21 10 :39am CO #663 Page 04/06 <br />-3- <br />10. To assure completion of compensatory mitigation measures, the perntittee shalt post a financial assurance in the <br />amount of $380,570 for the approximate cant of wetland construction and monitoring. This financial assurance shall not <br />be rclexsed until the District Engineer has determined in writing that all mitigation success criteria have been met. A <br />draft copy (lithe financial assurance must be submitted to this office for review and approval. The financial assurance <br />must be posted prior to the start of any work otherwise authorized by this permit. <br />11. To insure mitigation success, you shall monitor the compensatory mitigation, avoidance, and preservation areas <br />until the success criteria described in your final mitigation plan have been met for a minimum of one year without human <br />intervention. This period shall commence upon completion of the construction of the mitigation wetlands. The <br />mitigation plan will not be deemed successful until this critoi ion has been met. <br />12, Annual monitoring shall be completed by October 1 and you shall submit annual monitoring reports in accordance <br />with Regulatory Quidance Letter 08-03, by December 31, 2009 of each year. <br />13. To insure that the annual monitoring reports record impacts to the aquatic resources, the reports must compare that <br />year's data with data, including water quality, collected prior to construction. <br />14. Ta minimize the introduction of contaminants and exotic organisms into Devil Creek, all equipment that accesses <br />the creek shall be thoroughly inspected for oil and gas leaks, and all equipment shall be cleaned according to one of the <br />Colorado Department of Wildlife approved methods. In addition, the project must implement and mawtain appropriate <br />soil erosion and sediment controls throughout the duration of eonatnre:tion. <br />15. To insure your project complies with the Federal Endangered Species Act, you must implement all an= . <br />mitigating measures identified in the enclosed Fish and Wildlife Service letter (Number ES- 6- R0- 09- CJSJ003, dated <br />August 27, 2009), including those ascribed to the Corps therein. if you are unable to implement any of these measures <br />you roust immediately notify this office and the Fish and Wildlife Office so we may consult as appropriate, prior to <br />initiating the work, in accordance dance with Federal law. <br />Further Information: <br />1. Congressional Authorities: You have been authorized to undertake the activity described above pursuant to: <br />() Section 10 of the Rivers and Harbors Act of 11199 (33 U.S.C. 403). <br />(✓) Section 404 oldie Clean Water Act (33 U.S.C. 1344). <br />0 ) Section 103 of the Marine Protection, Research and Sanctuaries Act of 1972 (33 U.S.C. 1413). <br />2. Limits of this authorization. <br />a. This permit does not obviate the need to obtain other Federal, state, or local authorizations required by law. <br />b. This permit does not grant any properly rights or exclusive privileges. <br />c. This permit does not authorize any injury to the property or rights of others. <br />d. This permit does not authorize interference with any existing or proposed Federal projects. <br />3. Limits of Federal Lability. In issuing this permit, the Federal Government does not assume any liability for the <br />following: <br />