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As detailed in C.R.S. 24-80 (Part 104) (1) properties nominated for inclusion in or accepted by the state <br />register shall be protected from any action initiated by a state agency until a final determination concerning the <br />effect of such action on such properties is made pursuant to subsection 2 which states: (a) At the earliest <br />stage of planning or consideration of a proposed action or when it is anticipated that properties of historical <br />significance may be adversely affected in the course of an agency action and in all cases prior to an agency <br />decision concerning an action that may have an effect on properties listed in the state register, the agency <br />initiating the action shall identify such properties located within the area of the proposed action, notify the <br />society (History Colorado) of the proposed action, request a determination of effect on such properties, and <br />afford the society (History Colorado) a period of thirty days in which to review the proposed action. <br />Notification shall include sufficient and relevant information needed to make a determination of effect. <br />Comments made by the society (History Colorado) which include specific recommendations to prohibit or <br />alter all or some aspects of the proposed action shall be implemented by the agency subject to paragraphs (b) <br />and (c) of this subsection. (b) If the agency rejects some or all of the comments of the society (History <br />Colorado) relative to the proposed action, the agency shall be afforded a period of thirty days during which to <br />negotiate a satisfactory agreement with the society (History Colorado). (c) If no agreement is reached or if any <br />party to any such agreement is dissatisfied therewith, an appeal may be made to the governor for a final <br />determination. The governor shall make such determination within thirty days after such appeal. <br />We therefore recommend that the Division of Reclamation, Mining and Safety consult with our office and <br />request a determination of effect from the proposed project on the state listed Cripple Creek Historic District. <br />Please include an agency assessment on the affects that this proposed expanded permit area will have on <br />historic properties located within the project area. <br />Please keep in mind too, that our files contain incomplete information for this area, as most of Colorado has <br />not been inventoried for cultural resources. As a result, there is the possibility that as yet unidentified cultural <br />resources exist within the proposed project area. Should human remains be discovered during the proposed <br />project activities, the requirements under State law C.R.S. 24-80 (part 13) apply and must be followed. <br />Thank you for the opportunity to comment. If we may be of further assistance, please contact Todd <br />McMahon, Staff Archaeologist at (303) 866-4607/todd.mcmahon@state.co.us or Amy Pallante, <br />Intergovernmental Services Director at (303) 866-4678 amy.pallante(a%state.co.us <br />Sincerely, <br />Steve Turner, AIA <br />State Historic Preservation Officer <br />ECN/TCM <br />