1996-08-27_REPORT - M1977378

• Permit No: M1977378
• IBM Index Class Name: REPORT
• Doc Date: 8/27/1996
• Doc Name: July 1996 Monthly Report and DMR's
• From: Sunnyside Gold Corp
• To: CDPHE-WQCD
• Media Type: D
• Archive: No

proposed project, and any available information provided by those agencies. ('The
prospective permittee may contact Corps District Offices for USFWS/NMFS agency contacts
and lists of critical habitat);
(ii) The State Historic Preservation Office regarding the presence of
any historic properties in the permit area that may be affected by the proposed project; and
the available information, if any, provided by that agency.
c. The standard individual permit application form (Form ENG 4345) may be used
as the notification but must clearly indicate that it is a PDN and must include all of the
information required in B (1-5), of General Condition 12.
d. In reviewing an activity under the notification procedure, the District Engineer
will first determine whether the activity will result in more than minimal individual or
cumulative adverse environmental effects or will be contrary to the public interest. The
prospective permittee may, at his option, submit a proposed mitigation plan with the
predischarge notification to expedite the process and the District Engineer will consider any
optional mitigation the applicant has included in the proposal in determining whether the net
adverse environmental effects of the proposed work are minimal. The District Engineer will
consider any comments from Federal and State Agencies concerning the proposed activity's
compliance with the terms and conditions of the nationwide permits and the need for
mitigation to reduce the project's adverse environmental effects to a minimal level. The
District Engineer will, upon receipt of a notification, provide immediately (e.g. facsimile
transmission, overnight mail or other expeditious manner) a copy to the appropriate offices
of the Fish and Wildlife Service, State natural resource or water quality agency, EPA and, if
appropriate, the National Marine Fisheries Service. With the exception of Nationwide
Permit number 37, these agencies will then have five calendar days from the date and the
material is transmitted, to telephone the District Engineer if they intend to provide
substantive, site specific comments. If so contacted by an agency, the District Engineer will
wait an additional 10 calendar days before malting a decision on the notification. The
District Engineer will fully consider agency comments received within the specified time
frame, but will provide no response to the resource agency. The District Engineer will
indicate in the administrative record associated with each notification that the resource
agencies' concerns were considered. Applicants are encouraged to provide the Corps
multiple copies of notifications to expedite agency notification. If the District Engineer
determines that the activity complies with the terms and conditions of the nationwide permit
and that the adverse effects are minimal, he will notify the permittee and include any
conditions he deems necessary. If the District Engineer determines that the adverse effects
of the proposed work are more than minimal, then he will notify the applicant either:
(1) That the project does not quality for authorization under the nationwide
permit and instruct the applicant on the procedures to seek authorization under an individual
permit; or,
(2) That project is authorized under the nationwide permit subject to the
applicant's submitting mitigation proposal that would reduce the adverse effects to the
minimal level. This mitigation proposal must be approved by the District Engineer prior to
commencing work. If the prospective permittee elects to submit a mitigation plan, the
District Engineer will expeditiously review the proposed mitigation plan, but will not
commence a second 30 day notification procedure. If the net adverse effects of the project
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