Laserfiche WebLink
"Trapper Mine Inc. is not requesting for approval to mine in the PR7 expansion area at this time. The <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 was <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 CFR 800.4(d)(1). That response was clearly inadequate in light of additional information made <br />available during the meeting on June 12, 2017. <br />To address the above issues, we strongly recommend that DRMS work with the Office of Surface Mining <br />Reclamation and Enforcement to develop a programmatic agreement to fulfill its Section 106 responsibilities <br />going forward. Programmatic agreements may be used to "govern the implementation of a particular <br />program or the resolution of adverse effects from certain complex project situations" including those that are <br />similar, 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-making responsibilities (see <br />CFR 800.14(b)(1)(1 - 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, our agencies can work <br />together to ensure that our respective responsibilities are met. <br />Thank 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 />8664608 or robert,cronk j ,state.co.us. <br />Sincerely, <br />Steve 'Turner, ALA <br />State Historic Preservauon Officer <br />1200 Broadway <br />Denver, CO 80203 <br />