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t LEAVENWORTH & F_4,2P, P.C. <br />7 Army Corps Public Notice Number: 200175036 <br />-f Page 7 <br />March 30, 2001 <br />~A E. Alternatives Analysis <br />Applicant's analysis of project alternatives is flawed. Applicant only proposes a "no <br />action" alternative and a second alternative that increases the project size and scope. Another <br />alternative that deserves consideration is a reduced mining operation alternative. Under this <br />alternative, mining may be restricted to areas outride the floodplain of the Colorado River. Such <br />a restriction would be in accord with 33 C.F.R. § 320.4(1)(2), which states, in pertinent part: <br />In accordance with [he requirements of Executive Order 11988, district engineers, <br />as part of their public interest review, should avoid to the extent practicable, long <br />and short term significant adverse impacts associated with the occupancy and <br />modification of floodplains, as well as the direct and indirect support of floodplain <br />development whenever there is a practicable alternative. <br />m 33 C.F.R. § 320.4(1)(2); see also 33 C.F.R. § 320.4(1)(3). <br />i~ Additional alternatives to Applicant's mining operation include enhancing stream buffers . <br />f;~ and eliminating any plans to mine the Renewable Resource Area altogether. These additional and <br />unexamined alternatives demonstrate the need for an Environmental Assessment or Environmental <br />Impact Statement so that all alternatives to Applicant's proposed mining operation may be <br />explored, including those alternatives that will have a less significant impact on the quality of the <br />human environment. <br />F. Garfield County Regional Airport Avigation Easement <br />The map attached as Exhibit H shows the "Avigation and Hazard Easement" area for the <br />Garfield County Regional Airport. It appears by the enclosed map that at least a portion of <br />Applicant's mining operation lies within the Easement area. See Exhibit H. The Airport <br />negotiated the Avigation and Hazard Easement in order to reduce danger to waterfowl due to <br />interference with air traffic. Accordingly, under the Easement recorded for the Airport, <br />applicable property owners aze prohibited from creating or enhancing habitat that attracts <br />waterfowl. See Exhibit I, Avigation and Hazard Easement. As the creation of mine pits is likely <br />to attract waterfowl to the mining area, and at least a portion of the proposed mining area lies <br />within the Avigation Easement area, Applicant's operation will likely contribute to the hazard the <br />Garfield County Regional Airport's Avigation Easement was designed to prevent, by creating <br />mine pits in the affected areas. That impact supports the need for interdisciplinary communication <br />and cooperation with regard to Applicant's proposal, as well as the need for an Environmental <br />Assessment or Environmental Impact Statement to fully address the concerns of each agency. <br />1:1Z0D1\giemf\RIFIFR-33\leuers-Memm\CWA 9014M rmmea.rvpd <br />