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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 />February 5, 2010 <br />Regulatory Division (SPK-2009-01628) <br />Vern Pfannenstiel <br />Peabody Energy <br />3001 W. Shamrell Boulevard, Suite 110 <br />Flagstaff, Arizona 86001 <br />C 2007 0?- 7 <br />RECEIV?? <br />FEB 0 8 2010 <br />Division of Reclamation, <br />Mining and Safety <br />- = -- - Dear-Mr.-Pfannenstiel:- - - -- - - -- - -- - -- - = __ - <br />We are responding to your request for a Department of the Army permit for the Peabody Sage <br />Creek Mine project. This project involves activities discharges of dredged or fill material in waters <br />of the United States to construct an underground coal mine. The project is located approximately <br />eight miles southwest of the Town of Hayden, within Section 8, Township 5 North, Range 87 <br />West, Latitude 40.4115493° North, Longitude -107.131593° West, Routt County, Colorado. <br />Based on the information you provided, the proposed activity in approximately 3 acres of <br />palustrine emergent wetland is authorized by Nationwide General (NWT) permit number 50 <br />Underground Coal Mining Activities. Your work must comply with the general terms and <br />conditions listed on the enclosed Nationwide Permit information sheets and the following special <br />conditions- <br />1. To mitigate for the loss of three acres of waters of the United States you shall <br />purchase three acres of wetland mitigation credits at the Finger Rock Preserve <br />wetland mitigation bank. The selected mitigation bank shall include the area of <br />the permitted project within its service area. Evidence of this purchase shall be <br />provided to this office prior to proceeding with any activity otherwise authorized <br />by this permit. - <br />2. To document pre- and post-project construction conditions, you shall submit pre- <br />and post-construction photos of the project site within 30 days after project <br />completion. <br />3., You must sign the enclosed Compliance Certification and return it to this office <br />within 30 days after completion of the authorized work. <br />This verification is valid for two years from the date of this letter or until the NWP is modified, <br />reissued, or revoked, whichever comes first. Failure to comply with the General Conditions of this <br />NWT, or the project-specific Special Conditions of this authorization, may result in the suspension <br />or revocation of your authorization.