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'Trapper Aline Inc. is not requesting for approval to mine in the PR7 expansion area at this time. '11ie <br />revision includes information on the overburden characteristics, hydrologic information about Deacon <br />and jeffway gulches and associated seeps, and results of water quality sampling. The applicant is not <br />proposing additional surface disturbance outside of the area currently approved for disturbance." <br />That letter did not convey to us that any cultural resource considerations were part of the application. Given <br />what was provided to our office, and particularly as the letter stated that no additional surface disturbance ��as <br />being proposed, our comments were based on incomplete information, We had no cultural resource concerns <br />and replied in a letter dated May 26, 2017 that a finding of no historic properties affected was appropriate, <br />pursuant to 36 CFlt 800.4{d(1;. That response was clearly inadequate in Light of additional information made <br />;available during the meeting onJune 12, 2017. <br />To address the above issues, we strongly recommend that DRIVIS work with the Office of Surface Alining <br />Reclamation and Enforcement to develop a programmatic agreement to fulfill its Section 106 responsibilities <br />l),oinh forward. Programmatic agreements may be used to "govern the implementation of a particular <br />program or the rcHolution of adverse effects from certain complex project situations" including? those that are <br />wtmilar, repetitive or regional in scope, those that cannot be fully determined prior to approval of the <br />undertaking, and those for which nonfederal parties are delegated major decision-makinl>, responsibtlitics {sce <br />CUR 800.1,1(b){1}(i - iii)). <br />We feel this is a timely and important discussion to have, as coal permitting activities seem to be increasing :and <br />the development of a programmatic agreement could define roles and responsibilities and streamline Section <br />106 consultation. We believe that with continued communication and coordination, aur agencies can work <br />together to ensure that our respective responsibilities are met. <br />'lliank you for the opportunity to comment. We look forward to further discussion of the issues raised in this <br />letter. If we may be of further assistance, please contact Bob Cronk, Section 106 Compliance Manager, at (303) <br />866 4608 or robert.cronktastate.eo.us. <br />Sincerely, <br />Steve Turner, All <br />State I listoric Preservation Officer <br />1200 Broadway <br />Denver, CO 80203 <br />