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rA B 3 <br />HISTORY <br />RECE:I E D <br />October 28, 2016 <br />y' Q 2016 <br />Robin A. Reilley <br />Environmental Protection Specialist DBMS ON OF RECLAWTIOU <br />Division of Reclamation, Mining and Safety NGRO SAFM <br />1313 Sherman St., Room 215 <br />Denver, Colorado 80203 <br />Re: New Elk Mine (Permit No. C-1981-012), Technical Revision No. 71 (IR -71), Temporary Pond Dewatering <br />to Complete Dewatering of Ponds (HC #71066) <br />Dear Ms. Reilley: <br />We received your correspondence dated September 22, 2016 on September 28, 2016 regarding the above <br />referenced technical revision. <br />Based on the documentation provided, it is our opinion that a finding of no historic- properties affected [36 CFR <br />800.4(d)(1)] is appropriate for the proposed action. <br />Should unidentified archaeological resources be discovered in the course of the undertaking, work must be <br />interrupted until the resources have been evaluated in terms of the National Register eligibility criteria (36 CFR <br />60.4) in consultation with our office pursuant to 36 CFR 800.13. Also, should the consulted -upon scope of the <br />work change please contact our office for continued consultation under Section 106 of the National Historic <br />Preservation Act. <br />We request being involved in the consultation process with the local government, which as stipulated in 36 CFR <br />800.3 is required to be notified of the undertaking, and with other consulting parties. Additional information <br />provided by the local government or consulting parties might cause our office to re-evaluate our ehibility and <br />potential effect findings. Please note that our compliance letter does not end the 30 -day review period provided <br />to other consulting parties. <br />Thank you for the opportunity to comment. If we may be of further assistance, please contact Mark Tobias, <br />Intergovernmental Services Manager, at (303) 866-4674 or mark. tobias&state.co.us. <br />Sincerely, <br />` Steve Turner, AIA <br />State Historic Preservation Officer <br />ST/mt <br />