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€ca OFFICE of ARCHAEOLOGY and HISTORIC PRESERVATION <br />Janet H. Binns <br />Environmental Protection Specialist <br />Division of Reclamation, Mining, and Safety <br />Department of Natural Resources <br />1313 Sherman Street, Room 215 <br />Denver, Colorado 80203 <br />RECEIVED <br />JAN 18 2019 <br />DIVISION OF RECLAMATION) <br />MINING AND SAFETY <br />JAN 1 5 2019 <br />Re: Bowie No. 1 Mine (Permit No. C-1981-038), Technical Revision No. 65 (TR -65), Reduce Hydrologic <br />Monitoring (HC#68249) <br />Dear M. Binns: <br />Thank you for your correspondence dated 26 December 2018 and received b� our office on 4 .fanuarN <br />2019 regarding the review ofthe above referenced project under Section 106 ofthc National I Iistoric <br />Preservation Act. <br />After review of the documentation provided, we note that in accordance with the 1991 Memorandum 01' <br />Understanding (MOU) between our agencies, because the technical revision ma} 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 fur impacts to cultural and/or <br />historic resources. After review ofthe MOL, 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 off ice, <br />collaborate in the near future to assess the continuing usefulness ofthe MOI; 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 involves reducing water quality monitoring at two surface water sites and eight <br />groundwater wells. It will not incorporate additional lands into the permit area or otherwise alter <br />previously approved permit conditions or mitigation measures. Therefore. we concur that there "ill be no <br />adverse effect [36 CFR 800.5(d)( I)] to historic properties as a result ofthe proposed undertaking <br />Should unidentified archaeological resources be discovered in the course of the project, work must he <br />interrupted until the resources have been evaluated in terms of the National Regi;tcr eli,,ihility critcriu (36 <br />CFR 60.4) in consultation with oto- office pursuant to 36 CFR 800.1 3. ;NIso, should the C011,ulicd-up0n <br />scope of the work change, please contact our office for continued consultation under Section 106 of the <br />National Historic Preservation Act. <br />We request being involved in the consultation process with the local government, which as stipulated in <br />36 CFR 800.3 is required to be notified ofthe undertaking, and with other consulting parties. Additional <br />information provided by the local government or consulting parties might cause Our office to re-evaluate <br />our eligibility and potential effect findings. Please note that our compliance letter does not end the 30-daN <br />review period provided to other consulting parties. <br />OFFICE OF ARCHAEOLOGY AND HISTORIC PRESERVATION <br />303.866.3392 - Fax- 303.866.2711 - E-mail- oahp&state.co.us - Website: NxN+v\h,toivcolorado_.org <br />