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141 OFFICE of ARCHAEOLOGY and HISTORIC PRESERVATION 182018 <br /> 11� <br /> Dustin Czapla <br /> SM OF�CI�T� <br /> 1�:nviromnental Protection Specialist <br /> Division of Reclamation,Mining and Safety DEC <br /> 1313 Sherman Street,Room 215 <br /> Denver, Colorado 80203 <br /> Re:Box Creek Placer Mine,File No. M-2018-053 (SHPO Project#75241) <br /> Dear .,kir.Czapla <br /> 'Thank you for your e-mail correspondence dated November 15,2018,received bt our office on November 26"' for the abrnr n t�le1R''I pl')Io. <br /> submitted to our office pursuant to CRS 24-80.1,The State Register of I Iistoric Places. Cn <br /> :A search of the Colorado cultural resource inventors,database indicated one previously recorded site tit the project areas: <br /> Site No.: National Register lability; Names-I_ :- --------------___.---- _ _Recor-dil-ig or_ \s'essincut: <br /> 5LK1341 LISTED ON THE NATIONAL REGISTER AND STAT EREGIS ER DBRRY MINING s1'1'li 2000 (us'TI NG) <br /> Since 51,K1341,the DERRY:ALINING SI'IT.C:AIIP , DERRY R-ANCI-I — DFRRY DIZFI)(;I• is listed on the State Register of I Ijstorlc <br /> Places, (C.R.S. §24-80.1-104)would apply: <br /> (C.R.S.§24-80.1-104) Effect of state register. (1) Properties nominated for inclusion in or accepted h\ the t:u( rck,isici shall 1), prof,rtt d <br /> from any action initiated by a state agency until if final determination concerning the ettect of such action on such properties is nude punu.uit <br /> to subsection(2)of this section. (2) (a) .At the carlicst stage of planning or consideration of a proposcd action ur when it is anticpated that <br /> properties of historical significance may be adversely affected in the course of an agency action and in all casts prior to an agency dcct ion <br /> concerning an action that may have an effect on properties listed in the state•register,the agencv initiating the action shall idefy nti such <br /> properties located within the area of tilt proposcd action,notili the society of the proposcd action,request a determination of etJcn on such <br /> properties,and afford the society a period of thirty days in which in review the proposcd action. Aotit'ication shall include sutlicient .in;l tclt t ant <br /> inforination needed to make a determination of effect.(:onlilx HIS made by the yQuite which include <pecitie I(-nrnmern!ations n)pit hibII of <br /> alter all or some aspects of the proposed action sh.fl be iniplcnu rated by the agency subject to pat%lpaphu(h and;cl ul tilts sal,>ct tioii "-:-!h It <br /> the agency rejects some or all of the comments of the society relative to the proposcd action,the ap�,rncv shall be afhirdcd a t)eriod of fhnn Bats <br /> during which to negotiate a satisfactory agreement with the socicty.(c) If nu agreemenu is reached or it .uiv party to any such sign,nu ni is <br /> dissatisfied therewith,an appeal may be made to the governor for a final determination. I'hc gov(nn ll :Ball make such deternun.iuon v ii Inn <br /> thirty days after such appeal. <br /> \Ve therefore believe the proposed mining project will have an adverse effect on site 51.K 1311,•flit I)crbv ;;\hmng Sit(- Camp. Al '.nu ni,n <br /> also know under federal law,our office takes on a formal consulting role on projects that have file potential to of foci historic properuts (such <br /> as buildings and archaeological sites). If this project includes federal involvement(funding,permits and/or land),Section I06 of !ht <br /> National Historic Preservation :Act(16 U.S.C.470) requires federal agencies to meet the recluiremews of as set forth in 36(:I�R Bt() <br /> ("Protection of Historic Properties") and the lead federal agency is legally responsible for all retluircd findings and detcrntinauons of <br /> National Register of Historic Places (NRHP)eligibility and project effects (36 CFR 800.2(:t) (3)). Plc•:nc understand too that our Lilt's conf:un <br /> incomplete information for this area,as most of Colorado has not been inventoried for cultural resources. As a result, there is the possibility <br /> that as yet unidentified cultural resources exist within the proposed project area. <br /> Finally also under State Law(C.R.S. Q24 80-401) the State of Colorado reserves to itself title to all historical,prehislon al,and an haeolggnal resonrceo w all <br /> lands, rivers, lakes,reservoirs,and other areas owned by the state or any county, cit},and county, city,town,district,or other political suhdivi Lion o/the,laic, <br /> 1listorica4 prehistorical,and archaeological resources shall include all deposits,structures,or objects which provide information pertaining to the hi.,torical or <br /> prehistorical culture of people within the boundaries of the state of Colorado,as well as fos.41s and other remains of animals,plants,insects,and other ohlf,�t. natural <br /> history within such boundaries. Identified cultural resources with respect to state activities should comply with State rules and procedures 8 CCR <br /> - - a Iy- .org <br />