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CESPK-CO-R Public Notice Number 199475346 ADD][TIONAL INFORMATION: The activity has been issued a 112 reclamation permit in 1987 by the Colorado Department of Natural Resources, Division of Minerals and Geology, by permit number M-87-064. The local authority, La Plata County, issued a Land Use Resolution (category I permit) dated April 21, 1987. This authorization is conditioned to limit instream gravel extraction to shallow gravel and sandbar mining. In 1993, the appli<:ant requested the County remove this condition, but later withdrew the request. In addition, the county adopted the Animas Valley Land Use Plan on October 19, 1993, by Resolution Number 1993-55. This plan designates the existing 112 mine permit azea as Industrial District while surrounding river property is categorized as River Corridor District. The iJ.S. Army Corps of Engineers (Corps) has issued Department of the Army permits for fill activities only associated with the mining operation at the Dalton Pit. The first permit (number 7871) issued July 12, 1982, authorized dike construction within the Animas River in connection with mining operations. This permit expired December 31, 1986, and permit number 9668 was authorized October 31, 1987. This permit authorized fill activities associated with gravel extraction including temporary dikes, haul roads and bank protection. The permit was extended until October 31, 1995, and extended again under the grandfather provision of the Corps new excavation rule until August 25, 1996. As stated above, these past permit authorizations were specific to fill activities only. The decision on this individual permit application (number 199475346) will include both fill and excavation activities and will supersede the existing permit 9668 authorization. In the; past the Corps' regulatory authority did not rer-orally-include ezcavatior. activities- _ __ within waters of the United States. On August 25,1993, the Corps and U.S. Environmental Protection Agency (EPA) amended their permit regu]ations to clarify the types of activities subject to Section 404 regulation. The final regulations, effective September 24, 1993, implemented the following actions with regard to the Clean Water Act Section 404 regulatory program: (1) modification of the definition of "discharge of dredged material" to inclucie incidental discharges associated with excavation activities; (2) clarification of when the p:facement of pilings is considered to be a discharge of fill material, and; (3) codification of the Corps and EPA's policy that prior converted croplands aze not waters of the United STate:s. The term "discharge of dredged or fill material" means any addition of dredged or excavated material into, including a redeposit of dredged material within, waters of the United STates for the primary purpose of replacing an aquatic azea with dry land or of chanl;ing the bottom elevation of a waterbody. This definition was modified to recognize that excavation activities generally result in at least some incidental discharge of dredged material. Excavation activities that require a Corps permit include incidental discharges of dredged material associated with mechanized land clearing, ditching, and other excavation activities that destroy or degrade waters of the United States. This includes sand, gravel, and placer mining activities. Overall, these changes will promote national consistency, more cleaz:ly 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 azeas in agricultural crop production would not be regulated as waters of the United States. As a result of this change, instream gravel mining operators are required to obtain Department of the Army permit authorization for such excavation activities. • •