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application of the performance standards set forth in CMLRD <br />Rule 4 would be incompatible with the residential and <br />industrial land uses of the Diamond-A Parcel. Accordingly, <br />provided that (i) the two concrete footers described in the <br />preceding paragraph are removed, and (ii) excavation or other <br />construction activity related to the development of the <br />Diamond-A Parcel is commenced on the Diamond-A Parcel, no <br />CMLRD Rule 4 performance standards shall apply to the <br />Diamond-A Parcel, except as follows: <br />No portion of the Diamond-A Parcel shall <br />contribute suspended solids to the Roaring <br />Fork River in quantities that will elevate <br />ambient concentrations of suspended solids in <br />the Roaring Fork River. Ambient <br />concentrations of suspended solids shall be <br />considered to be elevated if three <br />consecutive, paired water samples taken above <br />and below the Diamond-A Parcel indicate that <br />downstream suspended solids concentrations <br />exceed upstream suspended solids <br />concentrations at the 95 percent confidence <br />limit (two standard deviations) commonly used <br />by the Environmental Protection Agency. The <br />following table provides a guideline for <br />determining if ambient concentrations of <br />suspended solids have been elevated. <br />Upstream <br />Concentration <br />of Suspended 95 Percent <br />Solids (ma/1) Confidence Limit <br />29 ± 4.8 <br />120 ± 12.6 <br />156 ± 13.4 <br />278 ± 17.5 <br />534 ± 42.0 <br />Allowable Down- <br />stream Concentration <br />of Suspended <br />Solids (ma/11 <br />33.8 <br />132.6 <br />169.4 <br />295.5 <br />576.0 <br />The Division may issue a notice of violation <br />with respect to this suspended solids <br />performance standard if it determines that <br />(i) downstream suspended solids <br />concentrations exceed upstream suspended <br />solids concentrations at the 95 percent <br />confidence limit as described above, and <br />(ii) such excess suspended solids <br />concentrations are attributable to the <br />Diamond-A Parcel. Should the Division issue <br />a notice of violation with respect to this <br />4-100(b) <br />