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CESPK-CO-R . Publi~otice Number 199475260 BACKGROUND: The site was first mined for gravel in the 1930s by the Colorado Department of Transportation for construction of the Million Dollaz Highway. Ii. has been mined regulazly since 1968 by Nielsons, Incorporated. A lazge runoff in 1972 breached the west river bank (or separation berm) capturing an excavated pond area on the north end of the permit area. The breach was not repaired and erosion damage again occurre,i in the 1979 spring runoff. The operator received a Department of the Army permit (nu.mber 9668) in April 1980 authorizing the placement of 3,000 cubic yards of dredged and rock fill material to repair damaged dikes along the west riverbank which were built in 1953. Apparently, in 1973 the Corps of Engineers (Corps) assisted in restoring a flood control berm including the south end of the site that now serves as the east pit boundary line and approximate centerline of the Animas River. In 1981, Animas Aggregates (Nielsons, Inc.) was bought by the current owners. The operator and area neighbors submitted a Department of the Army permit application in September 1985, to repair damages river banks resulting from 1984 runoff, However, this application was withdrawn in December 1985. Most recently, Animas Aggregates, Incorporated has been renamed as Mountain Redi Mix. On February 21, 1996, the Corps' issued regional general permits (assigned number 199675053) to stabilize the west riverbank directly upstream of the Thomas Pit. This work includes seven boulder jetties and gravel placement along approximately 500 feet of riverbank. As noted above, past Department of the Army permit authorizations i;asued by the Corps (with the exception of 199675053) were specific to fill activities only. In accordance with the "grandfather provision" of the Corps' new excavation rule, mining activities at the subject Thomas Pit were extended until August 25, 1996, while ttie current individual permit application number 199475260 is being reviewed. The decision on this public notice application will encompass both fill and excavation activities associated with the Thomas Pit mining operation. According to La Plata County, the applicant's mining operation is in compliance ~Hith the county's land use regulations. The Animas Valley Land Use Plan was adopted by La Plata County on October 19, 1993, by Resolution Number 1993-55. This plan classifies the existing mine permit area as Industrial District. River property surrounding the pit is classified as River Comdor District and is primarily floodplain area. As stated above, the Thomas Pit is authorized by the Colorado Division of Natural Resources, Division of Minerals and Geology. A 110 (limited impact) reclamation permit, identification number M-76-020, was issued to Animas Aggregates in 1977, and converted to a 112 permit (unrestricted) when the pit area was enlarged around 1981. ADDITIONAL INFORMATION: In the past the Corps of Engineers regulatory authority did not normally include excavation activities within waters of the United States. On August 25, 1993, the Corps and U.S. Environmental Protection Agency (EPA) amended their permit regulations to clarify the types of activities subject to Secrion 404 regulation. The final regulations, effective September 24, 1993, implemented the following actions with regard to the Clean Water Act Section 404 regulatory program: (1) modification of the delineation of "dischazge of dredged material" to include incidental dischazges ass,~ciated with excavation activities; (2) clarification of when the placement of pilings is considered to be a discharge of fill material, and; (3) codification of the Corps and EPA's policy that prior converted croplands are not waters of the United States. The term "discharge of dredged or fill material" means any addition of dredged or excavated material into, including a redeposit of dredged material within, waters of the United States for the primary purpose of replacing an aquatic area with dry land or of changing the bottom elevation of a waterbody.