2010-11-01_REVISION - C1982056

• Permit No: C1982056
• IBM Index Class Name: REVISION
• Doc Date: 11/1/2010
• Doc Name: Correspondence from CDPHE and US Army Corp of Engineers
• From: Twentymile Coal Company, LLC
• To: DRMS
• Type & Sequence: MR248
• Email Name: JDM
• Media Type: D
• Archive: No

Nationwide 12 Permit Summary
writing that the proposed activity will not adversely affect the
Wild and Scenic River designation or study status. Information
on Wild and Scenic Rivers may be obtained from the appropriate
Federal land management agency in the area (e.g., National Park
Service, U.S. Forest Service, Bureau of Land Management, U.S.
Fish and Wildlife Service).
? 16. Tribal Rights. No activity or its operation may impair
reserved tribal rights, including, but not limited to, reserved
water rights and treaty fishing and hunting rights.
? 17. Endangered Species.
? (a) No activity is authorized under any NWP
which is likely to jeopardize the continued existence of a
threatened or endangered species or a species proposed
for such designation, as identified under the Federal
Endangered Species Act (ESA), or which will destroy or
adversely modify the critical habitat of such species. No
activity is authorized under any NWP which "may affect"
a listed species or critical habitat, unless Section 7
consultation addressing the effects of the proposed
activity has been completed.
? (b) Federal agencies should follow their own
procedures for complying with the requirements of the
ESA. Federal permittees must provide the district
engineer with the appropriate documentation to
demonstrate compliance with those requirements.
? (c) Non-federal permittees shall notify the
district engineer if any listed species or designated critical
habitat might be affected or is in the vicinity of the
project, or if the project is located in designated critical
habitat, and shall not begin work on the activity until
notified by the district engineer that the requirements of
the ESA have been satisfied and that the activity is
authorized. For activities that might affect Federally-listed
endangered or threatened species or designated critical
habitat, the pre-construction notification must include the
name(s) of the endangered or threatened species that may
be affected by the proposed work or that utilize the
designated critical habitat that may be affected by the
proposed work. The district engineer will determine
whether the proposed activity "may affect" or will have
..no effect" to listed species and designated critical habitat
and will notify the non-Federal applicant of the Corps'
determination within 45 days of receipt of a complete pre-
construction notification. In cases where the non-Federal
applicant has identified listed species or critical habitat
that might be affected or is in the vicinity of the project,
and has so notified the Corps, the applicant shall not
begin work until the Corps has provided notification the
proposed activities will have "no effect" on listed species
or critical habitat, or until Section 7 consultation has been
completed.
? (d) As a result of formal or informal
consultation with the FWS or NMFS the district engineer
may add species-specific regional endangered species
conditions to the NWPs.
? (e) Authorization of an activity by a NWP does
not authorize the "take" of a threatened or endangered
species as defined under the ESA. In the absence of
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separate authorization (e.g., an ESA Section 10 Permit, a
Biological Opinion with "incidental take" provisions, etc.)
from the U.S. FWS or the NMFS, both lethal and non-
lethal "takes" of protected species are in violation of the
ESA. Information on the location of threatened and
endangered species and their critical habitat can be
obtained directly from the offices of the U.S. FWS and
NMFS or their world wide Web pages at
hM://www.fws.gov/ and
h=://www.noaa.gov/fisheries.html respectively.
? 18. Historic Properties.
? (a) In cases where the district engineer
determines that the activity may affect properties listed, or
eligible for listing, in the National Register of Historic
Places, the activity is not authorized, until the
requirements of Section 106 of the National Historic
Preservation Act (NHPA) have been satisfied.
? (b) Federal permittees should follow their own
procedures for complying with the requirements of
Section 106 of the National Historic Preservation Act.
Federal permittees must provide the district engineer with
the appropriate documentation to demonstrate compliance
with those requirements.
? (c) Non-federal permittees must submit a pre-
construction notification to the district engineer if the
authorized activity may have the potential to cause effects
to any historic properties listed, determined to be eligible
for listing on, or potentially eligible for listing on the
National Register of Historic Places, including previously
unidentified properties. For such activities, the pre-
construction notification must state which historic
properties may be affected by the proposed work or
include a vicinity map indicating the location of the
historic properties or the potential for the presence of
historic properties. Assistance regarding information on
the location of or potential for the presence of historic
resources can be sought from the State Historic
Preservation Officer or Tribal Historic Preservation
Officer, as appropriate, and the National Register of
Historic Places (see 33 CFR 330.4(8)). The district
engineer shall make a reasonable and good faith effort to
carry out appropriate identification efforts, which may
include background research, consultation, oral history
interviews, sample field investigation, and field survey.
Based on the information submitted and these efforts, the
district engineer shall determine whether the proposed
activity has the potential to cause an effect on the historic
properties. Where the non-Federal applicant has identified
historic properties which the activity may have the
potential to cause effects and so notified the Corps, the
non-Federal applicant shall not begin the activity until
notified by the district engineer either that the activity has
no potential to cause effects or that consultation under
Section 106 of the NHPA has been completed.
? (d) The district engineer will notify the
prospective permittee within 45 days of receipt of a
complete pre-construction notification whether NHPA
Section 106 consultation is required. Section 106
consultation is not required when the Corps determines
that the activity does not have the potential to cause