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DEPARTMENT OFTHE ARMY U.S. ARMY ENGINEER DISTRICT, SACRAMENTO CORPS OF ENGINEERS 1325 J STflEET SACRAMENTO, CALIFORNIA 95814-2922 PEPLV TO ATTEN710N OF November 25, 2003 Regulatory Branch (200375373) Mr. David Zatezalo Snowcap Coal Company, Incorporated 155 W. Nationwide Blvd, Suite 500 Columbus, Ohio 43215 Dear Mr. Zatezalo: We are responding to your;request.for a Department of the Army permit to allow. temporary discharge of material into the, Colorado River in conjunction with the removal. of the coal. conveyor pipeline crossing the Colorado River in the, vicinity; of the coal mine in Cameo, Colorado. The project is located within Section 34, Township 10 South,; Range 98 West,-:Mesa County, _, Colorado. ..., .: The work will consist of accessing the__Colorado River channel bed via a ramp from-the banks, moving equipment into. place to disassemble cables and-piping which_will.be tempor_a_r_ily laid into the river bed, and removing such material after disassembly. The material which will be, disassembled will be taken to a location which is not a waters of the United States. The streambed and streambank will be restored to its original topography after completion of the work and left in a stabilized condition. Vegetation which will be disturbed will be compensated with transplanting and seeding as needed to mimic original conditions. The Chief of Engineers has issued Nationwide General permit number 33 which authorizes the discharge of dredged or fill material in waters of the United States for temporary construction, access and dewatering. The U.S. Fish and wildlife Service concurred with the Corps' determination that the removal of the conveyor tube may affect, but is not likely to adversely affect the endangered Colorado pikeminnow, razorback sucker or their critical habitat if the work is performed as described by the applicant. Your project can be constructed under this authority provided the work meets the conditions listed on the enclosed information sheets and the Special Conditions listed below. You must send a signed letter of certification to the Corps of Engineers within 30 days after completion of the work (see general condition number 14). A copy of the certification statement is included for your use.