2019-04-30_REVISION - C2009087 - Laserfiche WebLink

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PeabItPeabody Sage Creek Mine 29515 RCR 27 Oak Creek, CO 80467 Peabody Sage Creek Mining, LLC will significantly increase the flow and sustained soil moisture levels in the surrounding riparian and riparian/meadow areas. This will allow for denser and more diverse growth of obligate and facultative wetland plants. This will also increase habitat diversity in the reclaimed areas consistent with the approved postmining land use of wildlife habitat and livestock grazing. These relatively simple non - intrusive enhancements have the potential (as demonstrated for the Pond 002 enhancements) to significantly improve both wetland and overall ecological function and diversity. Pending approval of this minor revision by CDRMS, PSCM has submitted a letter requesting concurrence with the proposed wetland maintenance (Pond 002) and enhancement (Pond 004) activities under ACOE Nationwide Permit 27 (NWP 27), for Aquatic Habitat Restoration, Establishment, and Enhancement Activities, to the ACOE Grand Junction Regulatory Office. The NWP 27 authorizes activities including the installation, removal, and maintenance of small water control structures, dikes, and berms; installation of current deflectors; filling, blocking, or reshaping of drainage ditches to restore wetland hydrology; the installation of structures or fills necessary to restore or enhance wetland or stream hydrology; and activities needed to reestablish vegetation including planting of appropriate wetland species. The ACOE has previously approved the wetlands enhancements for Pond 002 under their applicable regulatory guidelines, and with documentation from CDRMS indicating that the enhancement work is part of the mine reclamation covered in the mining permit as described by Notification Condition 3 of NWP 27: Notification: The permittee must submit a pre -construction notification to the District Engineer prior to commencing any activity (see General Condition 32), except for the following activities: (3) The reclamation of surface coal mine lands, in accordance with an SMCRA permit issued by the OSMRE or the applicable state agency. However, the permittee must submit a copy of the appropriate documentation to the District Engineer to fulfill the reporting requirement. (Authorities: Sections 10 and 404) Communications with the ACOE Grand Junction Regulatory Office indicates that no further approval is needed for the Pond 002 maintenance work, and that they can provide a letter of concurrence based on the previous approval. Because Pond 004 is a bond -released area and no -longer subject to mine reclamation requirements, the planned Pond 004 wetland enhancements are not covered by the above exemption. The documentation provided to the ACOE for the planned wetland enhancement activities in combination with an ACOE site visit in May 2018, however, is acceptable as a pre -construction notification. The ACOE NWP 27 also specifies that an ecological reference be chosen as the target aquatic habitat type. The ACOE Regional Supplement for the Western Mountains states that wet meadows support herbaceous plant species and develop on mineral soils that are seasonally ponded or saturated and often lie below snowbeds that supply water during the snowmelt season. These systems are often dominated by sedges, rushes, grasses, and herbaceous dicots. The ACOE Regional Supplement for the Western Mountains