GENERAL38004

• Permit No: M1986165
• IBM Index Class Name: General Documents
• Doc Date: 3/13/1996
• Doc Name: PUBLIC NOTICE
• Media Type: D
• Archive: No

CESPK-CO-R Public Notice Number 199475349
Overall, these changes will promote national consistency, more clearly notify the public of
regulatory requirements, ensure that the Section 404 regulatory program is more equitable to
the regulated public, enhance the protection of waters of the United States, and clarify which
areas in agricultural crop production would not be regulated as waters of the United States.
As a result of this change, instream gravel mining operators aze required to seek Section 404
permit authorization for such excavation activities.
Six other instream sand and gravel mining operations are located on the Animas River north
of Durango. These operations vary is size, mining methods, and quantities mined. Active
operations, like the subject Willow Bend Pit, were extended until August 25, 1996, in
accordance with the "grandfather provision" of the Corps' new excavation rule in order to
allow public notice review. Public notices aze also being issued for comment on these
operations as listed below:
199475260 -Mountain Redi Mix -previously Animas Aggregates (Thomas Pit),
upstream nine miles
199575400 -Burnett Construction (Baz D Pit), upstream seven miles
199475345 -Michael Francis (Hermosa Meadows Pit), upstream six miles
199475346 - SANDCO (Dalton Pit), upstream five miles
199475347 -Animas Valley Sand & Gravel (AVSG Pit), upstream four miles
199475348 - SANDCO (Walker Pit), upstream two miles
Several agencies and individuals have expressed concern regarding-the direct; indirect and- -
cumulative impacts of excavating the Animas River bottom. Some concerns include
increased siltation, accelerated erosion of the riverbanks upstream and downstream, and the
decrease or loss of fish and wildlife habitat. The impacts of river mining aze difficult to
predict. A river study by a licensed hydrologist would be required in order to accurately
assess the potential effects of a specified operation. Complicating the situation are the
varying natural forces which increase river bank erosion, such as high runoff seasons and
the tendency of rivers to meander and braid (build and adding sand bars). Although a
comprehensive study of the Animas River mining operations was recommended by the La
Plata County Planning Department as eazly as 1987, it has proven difficult to obtain full
participation and funding from the Animas River mining operators. The Corps of
Engineers, Sacramento District, Planning Division pursued the initiation of a study with the
State of Colorado in the late 1980s. The State, principally the Colorado Water Conservation
Board, opposed the study. Since the Corps could not pursue a planning study unilaterally,
the proposal was abandoned. Therefore, a comprehensive hydrologic study of the Animas
River has not been performed.
The applicant has requested water quality certification from the State of Colorado,
Department of Public Health and Environment in accordance with Section 401 of the Clean
Water Act. Written comments on water quality certification should be submitted to Mr.
John Farrow, Planning and Standards Section, Colorado Department of Public Health and
Environment, Water Quality Control Division, 4300 Cherry Creek Drive South, Denver,
Colorado, 80222-1530, on or before April 15, 1996.