2013-01-25_REPORT - M1992069 - Laserfiche WebLink

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DEPARTMENT OF THE ARMY CORPS OF ENGINEERS, OMAHA DISTRICT DENVER REGULATORY OFFICE, 9307 S. WADSWORTH BOULEVARD LITTLETON, COLORADO 80128 -6901 CERTIFIED MAIL, RETURN RECIEPT REQUESTED Ms. Connie Nickle Davis Land Resources Assistant Aggregate Industries 1707 Cole Boulevard, Suite 100 Golden, Colorado 80401 Dear Ms. Davis: Sincerely, Ti othy T. C Chief, D ve March 12, 2012 Re: Department of the Army (DA) Permit No. 199280589 Aggregate Industries - WCR, Inc., Greeley West Operations 2011 Annual Wetland Monitoring Report and Other Documents This office has received your 2011 Annual Wetland Monitoring Report, DA Permit 199280589, Weld County, Colorado as well as other submittals included in the package. The report describes mitigation work of creating 18.9 acres of wetlands/open water to compensate for the loss of 13.6 acres associated with the mining of 110 acres for sand and gravel, in Section 35, Township 6 North, Range 66 West, Weld County, Colorado. The submittals document that wetland development on site is unpredictable due to adjacent mining adversely impacting the hydrology, the "blow -out" of the nearby irrigation channel and other flooding events. We are willing to accept that the final hydrological levels will eventually reach a steady- state, but at some time in the far future. Because of this, and taking into consideration your annual efforts to maintain the possibility of wetland creation, you requested a release from meeting your migration obligations for DA Permit No. 199280589. The original impacts on site occurred in the 1993/4 time frame. There was supposed to have been a concurrent development of mitigation along with the impacts. That did not happen. While that is not possible to recapture, there is another option. You have adequately documented that there has been and — theoretically — will always be, wetlands developing on the property due to the land contours. The mining is complete. To be true to the original (and then modified permit) we will accept — as meeting the mitigation requirements — the placement of the originally outlined 18.9 acres to be created under a deed restriction for preservation in perpetuity. This office would like to resolve this issue as soon as possible. For this reason, we expect to receive a response to this letter within 30 days of your receiving it. If there are any questions, please call me or Ms. Margaret Langworthy at (303) 979 -4120, and reference file number 199280589. ffice