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
? (g) Permittees may propose the use of
mitigation banks, in-lieu fee arrangements or separate
activity-specific compensatory mitigation. In all cases, the
mitigation provisions will specify the party responsible
for accomplishing and/or complying with the mitigation
plan.
? (h) Where certain functions and services of
waters of the United States are permanently adversely
affected, such as the conversion of a forested or scrub-
shrub wetland to a herbaceous wetland in a permanently
maintained utility line right-of-way, mitigation may be
required to reduce the adverse effects of the project to the
minimal level.
? 21. Water Quality. Where States and authorized Tribes, or
EPA where applicable, have not previously certified compliance
of an NWP with CWA Section 401, individual 401 Water
Quality Certification must be obtained or waived (see 33 CFR
330.4(c)). The district engineer or State or Tribe may require
additional water quality management measures to ensure that the
authorized activity does not result in more than minimal
degradation of water quality.
? 22. Coastal Zone Management. In coastal states where an
NWP has not previously received a state coastal zone
management consistency concurrence, an individual state coastal
zone management consistency concurrence must be obtained, or
a presumption of concurrence must occur (see 33 CFR 330.4(d)).
The district engineer or a State may require additional measures
to ensure that the authorized activity is consistent with state
coastal zone management requirements.
? 23. Regional and Case-By-Case Conditions. The activity
must comply with any regional conditions that may have been
added by the Division Engineer (see 33 CFR 330.4(e)) and with
any case specific conditions added by the Corps or by the state,
Indian Tribe, or U.S. EPA in its section 401 Water Quality
Certification, or by the state in its Coastal Zone Management
Act consistency determination.
? 24. Use of Multiple Nationwide Permits. The use of
more than one NWP for a single and complete project is
prohibited, except when the acreage loss of waters of the United
States authorized by the NWPs does not exceed the acreage limit
of the NWP with the highest specified acreage limit. For
example, if a road crossing over tidal waters is constructed under
NWP 14, with associated bank stabilization authorized by NWP
13, the maximum acreage loss of waters of the United States for
the total project cannot exceed 1/3-acre.
? 25. Transfer of Nationwide Permit Verifications. If the
permittee sells the property associated with a nationwide permit
verification, the permittee may transfer the nationwide permit
verification to the new owner by submitting a letter to the
appropriate Corps district office to validate the transfer. A copy
of the nationwide permit verification must be attached to the
letter, and the letter must contain the following statement and
signature:
"When the structures or work authorized by this
nationwide permit are still in existence at the time the
property is transferred, the terms and conditions of this
nationwide permit, including any special conditions, will
continue to be binding on the new owner(s) of the
property. To validate the transfer of this nationwide
permit and the associated liabilities associated with
compliance with its terms and conditions, have the
transferee sign and date below."
(Transferee)
(Date)
Page 5
? 26. Compliance Certification. Each permittee who
received an NWP verification from the Corps must submit a
signed certification regarding the completed work and any
required mitigation. The certification form must be forwarded by
the Corps with the NWP verification letter and will include:
? (a) A statement that the authorized work was
done in accordance with the NWP authorization,
including any general or specific conditions;
? (b) A statement that any required mitigation
was completed in accordance with the permit conditions;
and
? (c) The signature of the permittee certifying the
completion of the work and mitigation.
? 27. Pre-Construction Notification.
? (a) Timing.. Where required by the terms of the
NWP, the prospective permittee must notify the district
engineer by submitting a pre-construction notification
(PCN) as early as possible. The district engineer must
determine if the PCN is complete within 30 calendar days
of the date of receipt and, as a general rule, will request
additional information necessary to make the PCN
complete only once. However, if the prospective
permittee does not provide all of the requested
information, then the district engineer will notify the
prospective permittee that the PCN is still incomplete and
the PCN review process will not commence until all of
the requested information has been received by the district
engineer. The prospective permittee shall not begin the
activity until either:
? (1) He or she is notified in writing by the
district engineer that the activity may proceed under
the NWP with any special conditions imposed by the
district or division engineer; or
? (2) Forty-five calendar days have passed
from the district engineer's receipt of the complete
PCN and the prospective permittee has not received
written notice from the district or division engineer.
However, if the permittee was required to notify the
Corps pursuant to general condition 17 that listed
species or critical habitat might affected or in the
vicinity of the project, or to notify the Corps pursuant
to general condition 18 that the activity may have the
potential to cause effects to historic properties, the
permittee cannot begin the activity until receiving
written notification from the Corps that is "no effect"
on listed species or "no potential to cause effects" on
historic properties, or that any consultation required
under Section 7 of the Endangered Species Act (see