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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 />October 15, 2010 <br />Regulatory Division (SPK-2007-01906) <br />Jerry Nettleton <br />Twentymile Coal Company <br />29515 Routt County Road 27 <br />Oak Creek, Colorado 80467 <br />Dear Mr. Nettleton: <br />We are responding to your September 29, 2010 request for a Department of the Army permit <br />for the Foidel Creek Pipeline project. This project involves activities, including discharges of <br />dredged or fill material, in waters of the United States to install a double HDPE pipeline. The <br />project is located near the intersection of Routt County Roads 27 and 33 within the SW'/4 NW'/4 of <br />Section 28, Township 5 North, Range 86 West, Sixth Principal Meridian, 40.3459° North <br />Latitude, 107.0600° West Longitude, Routt County, Colorado. <br />Based on the information you provided, the proposed activity, resulting in the temporary <br />impact to 0.03 acre of Foidel Creek is authorized by Nationwide General permit number (NWP) 12 <br />Utility Line Activities. Your work must comply with the general terms and conditions listed on the <br />enclosed NWP information sheets. <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. You must sign the enclosed Compliance Certification <br />and return it to this office within 30 days after completion of the authorized work. All of the <br />existing NWPs are scheduled to be modified, reissued, or revoked prior to March 18, 2012. It is <br />incumbent upon you to remain informed of changes to the NWPs. We will issue a public notice <br />when the NWPs are reissued. Furthermore, if you commence or are under contract to commence <br />this activity before the date that the relevant NWP is modified or revoked, you will have twelve (12) <br />months from the date of the modification or revocation of the NWP to complete the activity under <br />the present terms and conditions of this nationwide permit. Failure to comply with the General <br />Conditions of this NWP, or the project-specific Special Conditions of this authorization, may result <br />in the suspension or revocation of your authorization.