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Regarding the Army Corps of Engineers (ACOE) and activity in jurisdictional waters, we have <br />been in contact with Steve Moore of the ACOE Grand Junction office and he suggested that we <br />pursue a Nationwide Permit 27 — Aquatic Habitat Restoration, Establishment, and Enhancement <br />Activities which provides the authorized avenue for this type of work. The NWP 27 permit <br />allows activities that restore, establish or enhance wetlands and include, but are not limited to, <br />installation and maintenance of small water control structures; installation of current deflectors; <br />the filling, blocking or shaping of drainage ditches to restore wetland hydrology; the installation <br />of structures or fill necessary to reestablish wetland or stream hydrology; activities needed to <br />reestablish vegetation, including plowing or discing for seedbed preparation and planting of <br />appropriate wetland species, and other related activities. Mr. Moore stated "that you'll (PSCM) <br />need to provide some type of documentation from CDRMS indicating that they consider this <br />work part of the mine reclamation covered in their mining permit, as described in NWP 27 here: <br />Notification: The permittee must submit a pre - construction notification to <br />the district engineer prior to commencing any activity (see general condition <br />31), EXCEPT for the following activities: <br />(3) The reclamation of surface coal mine lands, in accordance with an SMCRA <br />permit issued by the OSMRE or the applicable state agency. However, the permittee <br />must submit a copy of the appropriate documentation to the district engineer to <br />fulfill the reporting requirement. <br />(Sections 10 and 404)." <br />The above is consistent with the activities described earlier in this letter under the CDRMS rules <br />and approval of this MR will fulfill the above requirements and allow PSCM to attain the <br />Nationwide Permit 27. The approved permit, which includes wetland delineations and ACOE <br />administrative concurrence, should also provide the appropriate documentation. <br />Attached are two (2) copies of the If you have any questions; please feel free to contact me at <br />970 - 276 -7003. <br />Sincerely, <br />B. Scott Cowman <br />Senior Environmental Specialist <br />Peabody Sage Creek Mining, LLC <br />Peabody Sage Creek Mine <br />