PERMFILE61946

• Permit No: M2004009
• IBM Index Class Name: Permit File
• Doc Date: 3/26/2004
• Doc Name: USFWS Concurrence Ltr
• From: COE
• To: Weiland Inc
• Media Type: D
• Archive: No

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DEPARTMENT OF THE ARMY
CORPS OF ENGINEERS, OMAHA DISTRICT
DENVER REGULATORY OFFICE, 9307 SOUTH WADSWORTH
LITTLETON, COLORADO 80128-6901
March 26, 2004 /
Mr. Peter R. Davis
Weiland, Inc.
10395 Colfax Ave., Suite 350
Lakewood, CO 80215

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BOULEVARD
RE: Asphalt Specialties Co., Road Crossing, Boulder Creek and Riparian Wetlands
Nationwide Permit No. 14, Corps File No. 200480142
Dear Mr. Davis:
Mr. Terry McKee of this office has reviewed the above-mentioned project on behalf of Asphalt
Specialties Co. This project is located in the NW '/< of Section 31, TIN, R68W, Weld County, Colorado. This
review was in accordance with Section 404 of the Clean Water Act under which the U.S. Army Corps of
Engineers regulates the discharge of dredged and fill material, and any excavation activities associated with a
dredged and fill project, into waters of the United States. Waters of the United States include ephemeral,
intermittent and perennial streams, their surface connected wetlands and adjacent wetlands and certain lakes,
ponds, irrigation and drainage ditches that have a nexus to interstate commerce. Under the authority of the Clean
Water Act, a preliminary Jurisdictional Determination determined that Boulder Creek and its riparian wetlands
may be waters of the U.S. Our office considers your wetlands delineation and report for this project accurate and
acceptable. Please see nationwide permit general condition No. 27 of the general conditions attached to this
nationwide permit verification. Regarding this condition, a project that exists for more than 2 years is not
considered temporary. This is based on the nationwide permit verification expiration date, which is 2 years.
Based on the information provided, this office has determined that the work within Colorado is
authorized by the Department of the Army Nationwide Permit No. 14, found in the January 15, 2002,. Federal
Rem, Issuance of Nationwide Permits; Notice (67 FR 2077). Enclosed is a fact sheet, which fully describes
this Nationwide Permit and lists the General Conditions, Section 404 Only Conditions, and Colorado Regional
Conditions, which must be adhered to for this authorization to remain valid.
Permit No. 14 (Corps File No. 200480142} Special Conditions to be met in order for this nationwide permit
verification to be valid:
The 0.06 acres of wetlands filled by the road crossing will be mitigated on site by the creation of 0.06
acre of wetlands uc the permittee may purchase 0.06 acres of mitigation credits from a commercial
mitigation bank that has been approved by the Corps of Engineers. Please notify Mr. Timothy
Carey of this office at [phone] prior to the purchase of the mitigation credits so that the
bank of your choice can be approved, The credits must be purchased prior to impacts occurring to
wetlands authorized by this permit. Written proof of the mitigation credit purchase shall be provided
to the Denver Regulatory Office. Upon receipt of such proof, all liabilities for the success,
monitoring, and long-term management of the mitigation bank wetlands covered by this authorization
will become the responsibility of the mitigation bank sponsor. The permittee will have satisfied all
mitigation requirements for this permit, unless additional on-site mitigation is a condition of this
authorization.