2009-08-31_PERMIT FILE - C1981041 ‎(5)‎

• Permit No: C1981041
• IBM Index Class Name: Permit File
• Doc Date: 8/31/2009
• Doc Name: Alternative Land Use Halliburton Documents & Approvals Unit Train Loadout PR4
• Section_Exhibit Name: Tab 15 Appendix 15-2
• Media Type: D
• Archive: No

DEPARTMENT OF THE ARMY

+? f U.S. ARMY ENGINEER DISTRICT, SACRAMENTO
CORPS OF ENGINEERS
1325 J STREET
- SACRAMENTO CA 95814-2922
REPLY TO
ATTENTION OF
August 17, 2009
Regulatory Division SPK-2009-00865
Ms. Tonya Hammond
Snowcap Coal Company, Inc.
1 Riverside Plaza
Columbus, Ohio 43215
Dear Ms. Hammond:
We are responding to your consultant's request for an approved jurisdictional determination
for the Unit Train Loadout Area project. This site is located at the Colorado River within Section
26, Township 10 South, Range 98 West, Latitude 39.1565°, Longitude -108.3088°, Cameo,
Mesa County, Colorado.
Based on available information, we concur with the estimate of waters of the United States,
as depicted on the May 2009 Figure 2 drawing prepared by WestWater Engineering.
Approximately 1.493 acres of waters of the United States, including wetlands, are present within
the survey area. These waters are regulated under Section 404 of the Clean Water Act, since
they are wetlands abutting the Colorado River.
This verification is valid for five years from the date of this letter, unless new information
warrants revision of the determination before the expiration date. This letter contains a
preliminary jurisdictional determination for your subject site. If you object to this determination,
you may request an administrative appeal under Corps regulations at 33 CFR Part 331.
A Notification of Appeal Process (NAP) fact sheet and Request for Appeal (RFA) form is
enclosed. If you request to appeal this determination you must submit a completed RFA form to
the South Pacific Division Office at the following address: Administrative Appeal Review
Officer, Army Corps of Engineers, South Pacific Division, CESPD-PDS-O, 1455 Market Street,
San Francisco, California 94103-1399, Telephone: [phone], FAX: [phone].
In order for an RFA to be accepted by the Corps, the Corps must determine that it is
complete, that it meets the criteria for appeal under 33 CFR Part 331.5, and that it has been
received by the Division Office within 60 days of the NAP. Should you decide to submit an
RFA form, it must be received at the above address by 60 days from the date of this letter. It is
not necessary to submit an RFA form to the Division Office if you do not object to the
determination in this letter.
A15-2-28 New 08/09