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€ca OFFICE of ARCHAEOLOGY and HISTORIC PRESERVATION <br />Tabetha N. Lynch RECEIVED <br />Environmental Protection Specialist <br />Division of Reclamation, Mining, and Safety NOV 0 9 2018 NOV 0 6 2018 <br />Department of Natural Resources <br />1313 Sherman Street, Room 215 Division of Reclamation, <br />Denver, Colorado 80203 Mining $ Safety <br />Re: Foidel Creek Mine (Permit No. C-1982-056), Technical Revision No. 92 (TR -92), Panel Extension <br />(HC#67460) <br />Dear Ms. Lynch: <br />Thank you for your correspondence dated October 24, 2018 and received by our office on October 31, <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 />This technical revision will extend the 7 -East Longwall Panel approximately 1,400 feet to the east, <br />increase the Permit Area by 40 acres, and increase the Affected Area by 35 acres, While there are no <br />surface facilities planned at present, there may be potential subsidence impacts throughout the Permit <br />Area increase. <br />A search of the Colorado Cultural Resource Inventory Database indicates that 7 cultural resource <br />inventories have been conducted in the vicinity of the proposed area to be added to the existing permit, <br />and 2 cultural resources which may be eligible for listing to the National Register of Historic Places have <br />been recorded therein. Our files contain incomplete information for this area and there is the possibility <br />that as 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 />representatives of local governments, and applicants for Federal permits, licenses or other approval are <br />entitled to consultative roles in this process <br />OFFICF. OF ARCHAEOLOGY AND HISTORIC PRESER) ATION <br />303.866.3392 - Far: 303.866.271 I - F -mail• oahp(astate.co.us - Website: \N\%ti.hi,toncoloradu or <br />