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€C; OFFICE of ARCHAEOLOGY and HISTORIC PRESERVATION <br />Leigh D. Simmons KZ%# F.0 <br />Environmental Protection Specialist <br />Division of Reclamation, Mining, and Safety OC'j Q 2 20�� SEP 8 2018 <br />Department of Natural Resources <br />1313 Sherman Street, Room 215 p►vislon of &e& ons <br />Denver, Colorado 80203 M►n►ng <br />Re: West Elk Mine (Permit No. C-1980-007), Technical Revision No. 146, New Longwall Panel LWE14 <br />(HC#68249) <br />Dear Mr. Simmons: <br />Thank you for your correspondence dated September 7, 2018 and received by our office on September 12, <br />2018 regarding the review of the above referenced project under Section 106 of the National Historic <br />Preservation Act. <br />After review of the documentation provided, we note that in accordance with the 1991 Memorandum of <br />Understanding (MOU) between our agencies, because the technical revision may incorporate additional <br />lands into the permit area or might otherwise alter previously approved permit conditions or mitigation <br />measures, concurrence between our agencies is required due to the potential for impacts to cultural and/or <br />historic resources. After review of the MOU, we note that not only was it signed 27 years ago, but the <br />only amendment (containing categorical exclusions) was made 15 years ago. We suggest that our offices <br />collaborate in the near future to assess the continuing usefulness of the MOU and the possibility of <br />terminating the MOU and creating a Programmatic Agreement or several Programmatic Agreements <br />tailored to the specific needs of the various resource types managed by your office. <br />While this technical revision will incorporate only approximately eight (8) acres of Federal coal with <br />Federal surface, and the majority it located within private coal and private lands, because the technical <br />revision application may incorporate additional lands into the permit area or might otherwise alter <br />previously approved permit conditions or mitigation measures, impacts to cultural and historic resources <br />must be evaluated. <br />A search of the Colorado Cultural Resource Inventory Database indicates that 70 cultural resource <br />inventories have been conducted in the vicinity of the proposed area to be added to the existing permit, <br />and 4 cultural resources eligible for or listed to the National Register of Historic Places have been <br />recorded therein. Our files contain incomplete information for this area and there is the possibility that as <br />yet unidentified cultural resources exist within the proposed permit area. <br />Because the proposed mining plan revision involves Federal oversight, and longwall mining creates the <br />possibility of subsidence which may impact historic properties (i.e. cultural resources which are eligible <br />to be listed in the National Register of Historic Places), please note that it is the responsibility of the <br />Federal agencies involved to comply with Section 106 of the National Historic Preservation Act as set <br />forth in 36 CFR Part 800 ("Protection of Historic Properties"). This includes the identification of any <br />historic properties within the area of potential effects and determining whether the undertaking will have <br />an effect upon such properties. The State Historic Preservation Office, Native American tribes, <br />OFFICE OF ARCHAEOLOGY AND HISTORIC PRESERVATION <br />303.866.3392 - Fax: 303.866.2711 - E-mail: oahp@state.co.us - Website: www.historycolorado.org <br />