2018-12-04_REVISION - C1981019 (2)

Home Browse Search

€4 OFFICE of ARCHAEOLOGY and HISTORIC PRESERVATION Zach T. Trujillo Environmental Protection Specialist Division of Reclamation, Mining, and Safety Department of Natural Resources 1313 Sherman Street, Room 215 Denver, Colorado 80203 RECEIVED DIVISION OF i?FCIAMATION: MINING AND SAFETY NOV 2 8 2018 Re: Colowyo Coal Mine (Permit No. C-1981-019), Technical Revision No. 128 ("1R-128), Taylor Creek Access Road (HC#67752) Dear Mr. Trujillo: Thank you for your correspondence dated November 14, 2018 and received by our office on November 20, 2018 regarding the review of the above referenced project under Section 106 of the National Historic Preservation Act. After review of the documentation provided, we note that in accordance with the 1991 Memorandum of Understanding (MOU) between our agencies, because the technical revision may incorporate additional lands into the permit area or might otherwise alter previously approved permit conditions or mitigation measures, concurrence between our agencies is required due to the potential for impacts to cultural and/or historic resources. After review of the MOU, we note that not only was it signed 27 years ago, but the only amendment (containing categorical exclusions) was made 15 years ago. We suggest that our offices collaborate in the near future to assess the continuing usefulness of the MOU and the possibility of terminating the MOU and creating a Programmatic Agreement. We would also like to remind you that under 36 CFR 800 our office and other consulting parties are afforded 30 days to comment absent an emergency as defined in 36 CFR 800.12 rather than the fifteen days stated in your letter. We concur that the proposed upgrades to the Taylor Creek Access Road from Haul Road A to the East Taylor Pond as proposed will result in no historic properties affected [36 CFR 800.4(d)(1)] as the revision will not incorporate additional surface disturbance outside of the previously consulted upon area for which cultural resource surveys (MF.LM.R287 and MC.LM.RI03) have been conducted. Should unidentified archaeological resources be discovered in the course of the project, work must be interrupted until the resources have been evaluated in terms of the National Register eligibility criteria (36 CFR 60.4) in consultation with our office pursuant to 36 CFR 800.13. Also, should the consulted -upon scope ol'the work change, please contact our office for continued consultation under Section 106 of the National Historic Preservation Act. We request being involved in the consultation process with the local government, which as stipulated in 36 CFR 800.3 is required to be notified of the undertaking, and with other consulting parties. Additional information provided by the local government or consulting parties might cause our office to re-evaluate our eligibility and potential effect findings. Please note that our compliance letter does not end the 30 -day review period provided to other consulting parties. OFFICE OF ARCHAEOLOGY AND HISTORIC PRESERVATION 303.866.3392 - Far: 303.866.271 1 - E-mail: oahp46tate.co.us - Website: wN��N histor%colorado.org • •' �• •' •