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6/28/2017 State.co.us Executive Branch Mail - Fwd: FW: Twentymile CR Survey Report <br />STATE OF DRMS CoalAdmin - DNR, DNR <dnr—drms coaI_admin@state.co.us> <br />COLORADO — — — <br />Fwd: FW: Twentymile CR Survey Report <br />1 message <br />Lynch - DNR, Tabetha <tabetha.lynch@state.co.us> Tue, Jun 27, 2017 at 3:32 PM <br />To: DNR DRMS—CoalAdmin - DNR <dnr—drms—coal—admin@state.co.us> <br />General Correspondence C1982056 TR88 <br />---------- Forwarded message ---------- <br />From: Lynch - DNR, Tabetha <tabetha.lynch@state.co.us> <br />Date: Tue, Jun 27, 2017 at 3:29 PM <br />Subject: Re: FW: Twentymile CR Survey Report <br />To: "Nettleton, Jerry" <JNettleton@peabodyenergy.com> <br />Hi Jerry, <br />I spoke with SHPO and they will be providing us a letter. See below email. <br />Hi Tabetha, <br />Thanks very much for forwarding that information. The PDF report with maps will allow me to finish my review and get a <br />letter out to you in the next day or two. <br />It would be our opinion that BLM is incorrect in saying that DRMS can proceed with permitting without SHPO concurrence. <br />If BLM were designated the lead Federal agency then that may be the case, but when that does not occur each agency is <br />individually responsible for compliance. Per 36 CFR 800.2 (a)(2): <br />(2) Lead Federal agency. If more than one Federal agency is involved in an <br />undertaking, some or all the agencies may designate a lead Federal agency, which <br />shall identify the appropriate official to serve as the agency official who shall act on <br />.... ........ <br />their behalf, fulfilling their collective responsibilities under section 106. Those Federal <br />agencies that do not designate a lead Federal agency remain individually responsible <br />for their compliance with this part. <br />Thanks. <br />Bob <br />On Mon, Jun 26, 2017 at 2:33 PM, Nettleton, Jerry <JNettleton @peabodyenergy.com> wrote: <br />Dan — <br />The SHPO clarification — <br />Jerry <br />https-Hmail.google.com/mad/b/AH RY9vu5PaMjvxHaptxtT-QE-ckoz-5EgvQG-J ETO—FAHeuwmvD-/u/O/?ui=2&ik=deb7fOcd2O&jsver=nZ9otGM mGjO.en.... 1/4 <br />