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CEBPR-CO-O March 10, 1994 <br />PIIBLIC NOTICE NIIMBER 199475040 <br />ADDITIONAL INFORMATION: A project similar to the proposal <br />described in this public notice was advertised in Sacramento <br />District, Corps of Engineers, Public Notice number 199100700 on <br />August 5, 1991. On September 18, 1991 the Colorado Department of <br />Health denied water quality certification required under Section <br />401 of the Clean water Act with a determination that the project <br />described in Public Notice number 199100700 may result in <br />significant degradation of water quality of the North Fork <br />Gunnison River. On September 26, 1991 the Sacramento District, <br />Corps of Engineers, due to the denied water quality <br />certification, denied a Department of the Army permit without <br />prejudice. The applicant was informed that he could re-apply at <br />a later date provided he obtained water quality certification <br />from the Colorado Department of Health prior to submitting <br />another Department of the Army permit application. <br />The applicant has requested water quality certification from the <br />State of Colorado, Department of Health in accordance with <br />Section 401 of the CWA. The Department of Health has <br />subsequently agreed to issue water quality certification for the <br />project subject to the inclusion of the following water <br />certification conditions in the Department of the Army permit: <br />1. Three mining locations are allowed, two below the <br />railroad-sridge and one above the Midge. <br />2. The dikes used to redirect flow during the months of <br />operation may not encroach more than half way into the riverbed. <br />3. The length of each excavation shall not exceed 1,000 <br />feet. Side slopes may not exceed 5:1 and end slopes may not <br />exceed 10:1. <br />4. The upper excavation shall begin at least 300 feet north <br />of the railroad bridge and may not extend further up river than <br />400 feet north of the southerly property line and extend <br />northward no closer than 400 feet from the south face of the <br />railroad bridge. <br />5. The dikes must be breached on or before April 1 of each <br />year and may not be positioned before August 1 of each year. <br />6. At no time shall the mined excavation extend deeper than <br />10 feet below the natural river bed depth. <br /> <br />