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8/7/2017 State.co.us Executive Branch Mail - Fwd: Post -Review Discovery, OSMRE, Colowyo Mine, Colorado
<br />I wanted to get this post review discovery out to you today before I head to the Navajo Nation tomorrow for the rest of
<br />the week. I will be back in the office on Monday.
<br />Tri-State notified us yesterday of the post -review discovery and work -stoppage. Mark, while we were talking yesterday,
<br />I briefly told you this project would be on the way. Also Mark, this email is in an ACHP type of format, so when I get
<br />back in the office next week, I can get you a letter more conducive to SHPO's consultation style.
<br />First, there was some vagueness as to whether this discovery may solely be handled under the approved state action
<br />or if it was under the federal action. Because the Colowyo Collom expansion haul road was analyzed for the federal
<br />mine plan decision, I followed Mark's guidance and chose to follow the most inclusive federal guidance under 36 CFR
<br />800.13(b)(3). This step indicates that the federal agency shall contact SHPO, ACHP, and tribes within 48 hours to gain
<br />comments, then the agency may move forward. The Southern Ute Indian Tribe is the only tribe to have consulted on
<br />the project and indicated that the project will not affect anything of religious and cultural significance to them.
<br />Under the state -issued permit, their process would be similar, with the exception that the Division of Reclamation
<br />Mining and Safety (DRMS) and/or OSMRE would consult with SHPO to reach a resolution. So in combining the two
<br />processes, we are not only asking for comments, but we are additionally asking for guidance from SHPO.
<br />Today, OSMRE, DRMS, and Tri-State had a call to clarify the discovery process and how to move forward.
<br />I instructed them to have their archaeological contractor, Tetra Tech, develop a testing and treatment plan that will (1)
<br />test for site extents to BK -1-072117 and (2) how to extract the relevant data, including a research design and methods
<br />for data recovery. Once Tri-State supplies OSMRE with the testing and treatment plan, we will pass it along to SHPO
<br />and ACHP for comment. If you require changes to the plan, we will send it back for revisions. If not, we will instruct Tri-
<br />State to move forward. Tri-State also requested that we give them a means of moving forward with the haul road once
<br />they have completed necessary field work. I said that was reasonable and to include that provision for a preliminary,
<br />post -fieldwork report in the testing and treatment plan so that the consulting parties can choose to allow, revise, or
<br />remove the provision.
<br />When Tri-State provides OSMRE the testing and treatment plan, Christine Belka will forward it to ACHP and SHPO in
<br />this email string.
<br />If you have any immediate comments, you may send them to me now. Or you may choose to wait until you have the
<br />treatment and testing plan and include all comments and guidance at that time.
<br />Thank you,
<br />Jeremy
<br />Jeremy Iliff
<br />Archaeologist, Indian Programs Branch, Program Support Division, Western Region
<br />Office of Surface Mining Reclamation & Enforcement
<br />1999 Broadway St, Ste 3320
<br />Denver, CO 80202
<br />303-293-5016
<br />Department of N,,.Aural Resources
<br />P 303,866,3567 x 8164 ( F 303,832,8106
<br />1313 Sherman Street, Room 215, Denver, CO 80203
<br />Zach,Trujillo@state,co,us ( miniEg tate,co,us
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