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DEPARTMENT OFTHE ARMY <br />U.S. ARMY ENGINEER DISTRICT, SACRAMENTO <br />CORPS OF ENGINEERS <br />1328 J STREET <br />SACRAMENTO, CALIFORNIA 95814-2922 <br />REPLY TO <br />RTTENTON OF November 28, 2003 <br />Regulatory Branch (199475346, 199475348, 199475349) <br />Mr. David Dillon <br />SandCO, Inc. ~ <br />Post Office Box 4440 <br />Durango, Colorado 81302 <br />~~~~~~~® <br />DEC t t 2003 _, <br />Dear Mr. Dillon: <br />~~~i ~~ <br />~~~~ ~~ <br />~ ~'I b <br />IJ^;ision of P.4in^rals aRd Goa:r~• <br />J <br />This letter is in response to your request for cone-year extension of your permits for <br />gravel mining activities within the Animas River. According to our July 14, 2003, letter <br />(enclosed), you must demonstrate that your operations are in compliance with the permit <br />conditions in order to receive an extension for your activity. <br />According to your September 19, 2003, letter prepazed by Mr. Frank Anesi, your <br />October 21, 2003 letter, and a meeting between Mr. Frank Anesi, Mr. Lee Queen, and Ms. <br />Kara Hellige on October 10, 2003, this office has determined that your operations are not <br />completely in compliance with the conditions of your permits. However, this office has <br />decided to extend the construction period under Condition No. 1 of Department of the Army <br />Permits No. 19947534, 199475348, and 199475349 to November 30, 2004, provided that <br />you abide by the following Special Conditions: <br />1) To prevent the relocation and/or reconfiguration of the stream channel, which <br />can cause an increase in water temperature and channel degradation, you shall limit all <br />excavation to one foot above the current thalweg elevation. You shall not excavate below the <br />1996 low-flow river channel, under any circumstance. <br />2) In order to preserve the important ecological functions of the riparian ecosystem, <br />you shall provide a 25-foot buffer between your activity and any adjacent vegetated riparian <br />communities. <br />3) To aid in problems of potential channel instabilities, you shall provide a 3:1 or <br />less slope between your mining activity and the 25-foot buffer area. <br />4) You shall submit plans for your proposed mining activity to the Durango <br />Regulatory Office. You shall provide across-sectional view that contains the 1996 low-flow <br />elevations, the pre-mining survey elevations, the proposed mining elevations, and the current <br />