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€c8 OFFICE of ARCHAEOLOGY and HISTORIC PRESERVATION <br />RGf,-4f.'D <br />I'abetha N. Lynch ` <br />Environmental Protection Specialist <br />Division of Reclamation, Mining, and Safety Q�C M DEC 1 1 2018 <br />Department of Natural Resources <br />1313 Sherman Street, Room 215 5"1isM n r9 & SaRec,af@ k4 <br />Denver. Colorado 80203 <br />Re: Foidel Creek Mine (Permit No. C-1982-056). Permit Revision No. 12 (PR -12). Wolf Creek Reser\c <br />LBA Development and Mining (1--IC#67400) <br />Dear Ms. Lynch: <br />Thank you for your correspondence dated November 29, 2018 and received by our off ice on December 6, <br />2018 regarding the review of the above referenced pro.ject under Section 106 of the National i listoric <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 oflices <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 h) ) our off ice. <br />This permit revision will add 414 acres to the Affected Area within the wolf Crock Rc;er\c, and include" <br />mining all or portions of four longwall panels. While the surface disturbances planned are w ithin the area <br />currently approved for disturbance, there may be potential subsidence impacts throughout the Permit Arca <br />increase. <br />A search of the Colorado Cultural Resource Inventory Database indicates that multiple cultural resource <br />inventories have been conducted in the vicinity of the proposed area to be added to the existing permit, <br />and cultural resources which may be eligible for listing to the National Register of l listoric Places ha\ c <br />been recorded therein. Our files contain incomplete information for this area and there is the possihilit\ <br />that as yet unidentified cultural resources exist within the proposed permit arca. <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. I'he State Historic Preservation Office, Native American tribes. <br />representatives of local governments, and applicants for Federal permits, licenses or other appro\al are <br />entitled to consultative roles in this process <br />OFFICE OF' ARCHAEOLOGY AND HISTORIC PRESERVATION <br />303.866 3392 -1 a\ 303.866 2711 -1 -mail. uahp u'state.co.us - "C h" it k: �_ h i toi y coImado o -V <br />114101ei MTV RON I I 01041MINA.• <br />