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<br />~ ~~..~ Public Noti IVED <br />• US Army Corps ~~/ <br />of Engineers <br />' ~~~ ~~ Public Notice No. 8270 Date: June 16, 1983 JUN o 1 ]983 <br />650 Capi4tl A4ell <br />Seaemerroo. CA 96814 M Reply Refer to: SPKCO-O Commertts Due by: July 18, 19~3GOA~ GO. <br />~ >;NOw-en <br /> <br />TO WHOM IT MAY CONCERN: ' <br />' Subject: Application for Department of the Army Permit to place dredged and fill material in the North <br />and Middle Thompson Creek to construct concrete weirs, as shown on the attached drawings. <br />' Applicant: Snowmass Coal Company, P.O. Box 980, Carbondale, Colorado 81623. <br />Location: Project is located 12 miles southwest of Carbondale, in Pitkin County, Colorado, and within <br />Section 34, Township 8 South, Range 89 West. <br />' Purpose: Purpose of the project is to construct 4 concrete weirs, 2 on North Thompson Creek and 2 on <br />Middle Thompson Creek to divert water for use in Snowmass Coal's mines. <br />Project Description: The application is (or the placement of 120 rubic yardsof dredged alluvial material <br />' and 46 cubic yardsof concrete for permanent fill to construct four (4) weirs. Approximately 30 cubicyards <br />of riverbed material will be dredged perpendicular to the stream flow at each weir location. The material <br />will be placed laterally in the center of the streams to divert flows into one-half of the channel. One-half of <br />' the rectangular shaped weir will be constructed on the dry side. The creek will then be diverted to the <br />finished side and the weir completed. The dredged material will then be spread evenly along the stream <br />bottom. The project is proposed to start when the creeks reach base flow conditions. <br />Each weir will contain approximately 11.5 cubic yardsof concrete. The weirs will have fish ladders on the <br />' • lower side to facilitate fish migration in the creeks. Approximately 0.01 acres of wetlands will be impacted <br />by each weir for a total of 0.04 acres. At the end of the mines useful life, all the weirs will be removed in their <br />entirety. <br />' Additionallnformation: The applicant has applied to the Colorado Department of Health Water Quality <br />Division, for certification of the project. The applicant states that the mine is operating under a permit from <br />the Colorado Mined Land Reclamation Division. <br />' The latest published version o(the National Register of Historic Places and its monthly supplements have <br />been reviewed and thereare noplaceseither listed or recommended aseligiblewhich would beaffected. <br />Presently unknown cultural resources maybe located in the permit area. This activitywould not affect any <br />' threatened or endangered species or their critical habitat. The District Engineer has made this <br />determination based on information provided by the applicant and on the Corps' preliminary evaluation. <br />Interested parties are invited to submit written comments on or before July 18, 1983. Any person may <br />' request, in writing, within the comment period specified in this notice that a public hearing be held to <br />consider this application. Requests for public hearings shall state, with particularity, the reasons for <br />holding a public hearing. <br />' A permit issued by the Department of the Army does not give any property rights either in real estate or <br />material or any exclusive privileges and does not authorize any injury of private property or invasion of <br />private rights, or any infringement of Federal, State or local laws or regulations, nor does it obviate the <br />' necessity of obtaining State or local assent to the work authorized. <br />The decision whether to issue a permit will be based on an evaluation of the impact of this activity on the <br />public interest underauthorityof5edion 404of the Clean WaterACt (33 USC 1344). Evaluation will include <br />application of guidelinessetforthbyAdministrator,EPA,underauthorityoftheAct(40CFRPart230).That <br />decision will reflect the national concern for both protection and utilization of important resources. The <br />• benefit which reasonably may be expected to accrue from the proposal must be balanced against its <br />reasonably foreseeable detriments. All factors which may be relevant to the proposal will be considered; <br />' among those are conservation, economics, aesthetics, general environmental concerns, historic values, <br />fish and wildlife values, flood damage prevention, land use, navigation, recreation, water supply, water <br />I <br />