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8/11/2017 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 <br />yesterday, I briefly told you this project would be on the way. Also Mark, this email is in an ACHP type of format, so <br />when I get 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 <br />action or if it was under the federal action. Because the Colowyo Collom expansion haul road was analyzed for the <br />federal mine plan decision, I followed Mark's guidance and chose to follow the most inclusive federal guidance under <br />36 CFR 800.13(b)(3). This step indicates that the federal agency shall contact SHPO, ACHP, and tribes within 48 <br />hours to gain comments, then the agency may move forward. The Southern Ute Indian Tribe is the only tribe to have <br />consulted on the project and indicated that the project will not affect anything of religious and cultural significance to <br />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 <br />methods for data recovery. Once Tri-State supplies OSMRE with the testing and treatment plan, we will pass it along <br />to SHPO and ACHP for comment. If you require changes to the plan, we will send it back for revisions. If not, we will <br />instruct Tri-State to move forward. Tri-State also requested that we give them a means of moving forward with the <br />haul road once they have completed necessary field work. I said that was reasonable and to include that provision for <br />a preliminary, post -fieldwork report in the testing and treatment plan so that the consulting parties can choose to <br />allow, revise, or 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�,ItUraI� es<: urce s <br />https://mail.google.com/mail/b/AJjsLrbvhgOZOPzzfKOtbM9lSpTU FebTgOXrGbCOOdT4aZnkw_5D/u/O/?ui=2&ik=deb7fOcd20&jsver=92leTe34hY8.en.&... 2/3 <br />