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DEPARTMENT OFTHE ARMY <br />U.S. ARMY ENGINEER DISTRICT, SACRAMENTO <br />CORPS OF ENGINEERS <br />1325 J STREET <br />SACRAMENTO, CALIFORNIA 95814-2922 <br />REPLY TO <br />ATTENTION OF <br />January 29, 2004 <br />Regulatory Branch (199875047) <br />Mr. Crellin Scott <br />Colowyo Coal Company, L.P. <br />5731 State Highway 13 <br />Meeker, Colorado 81641 <br />Dear Mr. Scott: <br />~~~~~~~® <br />FEB 0 2 2004 <br />Bivisian of A",inerals and Geolor~~ <br />We are responding to your request, during the meeting <br />between yourself and Mr. Nathan Green on January 22, 2004, for <br />comment on the Colowyo Coal Company open pit coal mine. The <br />project is located near Taylor Creek, Good Spring Creek in <br />Section 13, 23 and 24, Township 4 North, Range 93 West, Moffat <br />County, Colorado. <br />After reviewing file number 199875047 by Mr. Green it <br />appears that, to date, all obligations under Section 404 of the <br />Clean Water Act have been met by Colowyo Coal Company. Future <br />mining activities within "waters of the United States" will still <br />need to be addressed separately. <br />After reviewing the proposed plans for the South Taylor, <br />Lower Wilson and Collom Gulch projects, it appears that a <br />Department of the Army individual permit will be required for <br />each. Mr. Green will set up a pre-application meeting to discuss <br />all pertinent issues associated with the South Taylor and Lower <br />Wilson project. The Collom Gulch project is not to be <br />constructed any time in the near future and will be addressed at <br />the appropriate time. <br />