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€,13 <br />a OFFICE of ARCHAEOLOGY and HISTORIC PRESERVATION <br />Brock R. Bowles RECEIVED <br />Environmental Protection Specialist <br />Division of Reclamation, Mining, and Safety Nov 0 9 NAB NOV U 6 MP <br />Department of Natural Resources <br />1313 Sherman Street, Room 215o1 Reclamation" <br />Mining <br />Denver, Colorado 80203 plvlst°n & Safety <br />Re: New Horizon North Mine (Permit No. C-2010-089, Technical Revision No. 18 (TR -18), Incidental <br />Boundary Revision (HC#67460) <br />Dear Mr. Bowles: <br />Thank you for your correspondence dated October 25, 2018 and received by our office on October 31, <br />2018 initiating consultation with our office pursuant to the Colorado State Register Act - Colorado <br />Revised Statute (CRS) 24-80.1 - as amended. <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 reduce the permit boundary by 94.1 acres on areas that have not been <br />disturbed by mining activities and therefore, we concur with an effect finding of no adverse effect. If the <br />proposed mining plan revision involves Federal oversight 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 />Thank you for the opportunity to comment. If we may be of further assistance, please contact Lindsay <br />Johansson, Section 106 Compliance Manager, at (303) 866-4678 or Lindsay johansson(iDstate.co.us. <br />Sincerely, <br />r �j <br />Steve Turner, AIA <br />State Historic Preservation Officer <br />OFFICE OF ARCHAEOLOGY AND HISTORIC PRESERVATION <br />303.866.3392 - Fax: 303.866.271 1 - E-mail: oahp a state.co.us - Website: www.histoD,colorado.org <br />