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DEPARTMENT OF THE ARMY <br />U.S. ARMY ENGINEER DISTRICT, SACRAMENTO <br />CORPS OF ENGINEERS <br />1325 J STREET <br />SACRAMENTO CA 95814-2922 <br />REPLY TO <br />ATTENTION OF <br />Regulatory Division SPK-2009-01628 <br />Vern Pfannenstiel <br />Peabody Energy <br />3001 W. Shamrell Boulevard <br />Flagstaff, Arizona 86001 <br />April 22, 2010 <br />"? V% <br />?ntin9 <br />_____. --Dear Mr. Pfannenstiel;__ <br />We are responding to your March 29, 2010 request to modify your Department of the <br />Army permit number SPK-2009-01628. The permit was issued on February 5, 2010 for <br />construction of an underground coal mine. The project is located approximately eight miles <br />southwest of the Town of Hayden, within Section 8, Township 5 North, Range 87 West, Latitude <br />40.4115493° North, Longitude -107.131593° West, Routt County, Colorado. The modification <br />request involves an increase of 0.6 acre of impact. <br />Permit number SPK-2009-01628 is hereby modified as follows: A modification of 0.6 acre <br />of wetlands associated with Sage Creek will be impacted in addition to the 3.0 acres of <br />wetlands previously authorized. Evidence of the purchase of the additional 0.6 acre of <br />wetland mitigation credits from a Corps approved wetland mitigation bank (for a total of <br />3.6 acres) must be received at this office prior to any impacts to waters of the United States. <br />All other terms and conditions of the permit remain in full force and effect. Failure to <br />comply with the terms and conditions of this authorization may result in the suspension or <br />revocation of your permit. <br />Please refer to identification number SPK-2009-01628 in any correspondence concerning <br />this project. If you have any questions, please contact Nathan Green at Colorado West <br />Regulatory Branch, 400 Rood Avenue, Room 134, Grand Junction, Colorado 81501-2563, email <br />Nathan.J.Green @usace.army. mil, or telephone 970-243-1199 x12. For more information <br />regarding our program, please visit our website at www.spk.usace.army.mil/regulatory.html. <br />Sincerely, <br />Susan Bachim Nall <br />Chief, Colorado West Regulatory Branch