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€ca OFFICE of ARCHAEOLOGY and HISTORIC PRESERVATION <br />Brock R. Bowles RECEIVED <br />Division of Reclamation, Mining, and Safety JAN 18 2019 JAN 1 5 2019 <br />Department of Natural Resources <br />1313 Sherman Street, Room 215 <br />Denver, Colorado 80203 DIVISION OF RECLAMATION <br />MININGAND SAFETY <br />Re: New Horizon Mine (Permit No. C-1981-008), "Technical Revision No. 87 (TR -87), Pond 013 Erosion <br />Protection Inlet (HC#67409) <br />Dear M. Bowles: <br />Thank you for your correspondence dated 21 December 2018 and received by our of lice on 4 January 2019 <br />initiating consultation with our office pursuant to the Colorado State Register Act - Colorado Revised Statute <br />(CRS) 24-80.1 - as amended, <br />After review of the documentation provided, we note that in accordance v` ith the 1901 Memorandum 01' <br />Understanding (MOU) between our agencies, because the technical revision may incorporate additional lands <br />into the permit area or might otherwise alter previously approved permit conditions or mitigation measures, <br />concurrence between our agencies is required due to the potential for impacts to cultural and/or historic <br />resources. After review of the MOU, we note that not only was it signed 27 years ago. but the only amendment <br />(containing categorical exclusions) was made 15 years ago. We suggest that our offices collaborate in the near <br />future to assess the continuing usefulness ofthe MOU and the possibility ofterminating the MOLJ and creating <br />a Programmatic Agreement or several Programmatic Agreements tailored to the speci 1 -is needs of the \ arious <br />resource types managed by your office. <br />This technical revision will involve construction of an erosion protection inlet into fond 13 to accommodate <br />trench discharge into the pond. A search of the Colorado Cultural Resource Inventory Database indicates that I <br />cultural resource inventory has been conducted in the vicinity of the proposed area and 1 I cultural resources <br />which have not been evaluated for listing to the National Register of Historic Places have been recorded <br />therein. Our files contain incomplete information for this area and there is the possibility that as yet <br />unidentified cultural resources exist within the proposed permit area. <br />If the proposed mining plan revision involves Federal oversight please note that it is the responsibility oflhe <br />Federal agencies involved to comply with Section 106 of the National Historic Preservation Act as set forth in <br />36 CFR Part 800 ("Protection of Historic Properties"). This includes the identification of any historic <br />properties within the area of potential effects and determining whether the undermking will have an ellect <br />upon such properties. The State Historic Preservation Office, Native American tribes, representatives of local <br />governments, and applicants for Federal permits, licenses or other approval arc entitled to con,uitatne roles in <br />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 Iindsay.johansson'rr?state.co.us. <br />Sincerely, <br />eve Tu er, A <br />State Histo ' ervation Officer <br />OFFICE OF ARCHAEOLOGY AND HISTORIC PRESERVA FION <br />303.866.3392-Fax.303.866.2711-F-mail oahp"crstateco.us-Websitc,\�\s\N__h1,[ol\colol,;I(iu,o <br />