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ge <br />HISTORY <br />June 13, 2016 <br />Leigh D. Summons <br />Environmental Protection Specialist <br />Division of Reclamation, Mining and Safety <br />1313 Sherman Street, Room 215 <br />Denver, Colorado 80203 <br />,ECEIVED <br />JUN 17 2016 <br />pivis n ng &esa etiy ion, <br />Re: West Elk Mine (Permit No. C-1980-007), Technical Revision .Application No. 138 (TR -138) Revise WB <br />F.6-14 and E7-1, 3, & 4 Locations/Eliminate Pad E6-16 (HC #68219) <br />Dear Mr. Simmons: <br />Thank you for your correspondence dated May 13, 2016 (received b�, our office on May 18, 2016) and for <br />providing supplemental documentation on Mav 27, 2016 as requested by our Mav 26, 2016 email. As we <br />understand the current technical revision includes the construction of a new road segment and engineering <br />design changes to four proposed mine ventilation boreholes. The revision proposes to move these boreholes <br />slightly on the landscape while a fifth borehole will be eliminated. <br />A search of our files indicates that the originally proposed ventilation boreholes were surveyed and documented <br />as part of the 2008 report titled _A Cultural Resoui e Inventory ofNlountain Coal Company LLC's E ,Seam MDI ' <br />Drilling from Panel, E4 -E9, Gunnison County, Colorado. While no historic properties, as defined by 36 CFR <br />800.160), were identified during this survey, the construction of roads and ventilation boreholes as currently <br />proposed do have the potential to affect such properties. Consequently, it is our recommendation that a cultural <br />resources survey be completed for those areas of '1R-138 that have not been surveyed to current industry <br />standards. This inventory should be completed prior to the commencement of any ground disturbing activities <br />to determine whether any historic properties are located within the area of potential effects and to determine the <br />effects of this project on such properties in consultation with our office and other consulting parties as <br />appropriate. <br />Please remember, under the process established for the protection of cultural resources as set forth b5- Section <br />106 of the National Historic Preservation Act and implemented through 36 CFR Part 800 (Section 106), it is the <br />statutory obligation of the Federal agency --either the Office of Surface Mining or the USDA Forest Service --to <br />fulfill the requirements of Section 106 and to ensure that an agency official with jurisdiction over an undertaking <br />takes legal and financial responsibility for Section 106 compliance. <br />Thank you for the opportunity to comment. VA'e look forward to continued consultation on the subject project. <br />If we may be of further assistance, please contact Mark Tobias, Section 106 Compliance Manager, at (303) 866- <br />4674 or mark.tobiasca state.co.us. <br />Sincerely, <br />1 <br />l <br />Steve Turner, AIA <br />State Historic Preservation Officer <br />ST/mt <br />