2019-02-14_REVISION - C1981018 - Laserfiche WebLink

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E- ,a OFFICE of ARCHAEOLOGY and HISTORIC PRESERVATION Clayton C. Wein FEB 1 1 Environmental Protection Specialist RECEIVED Division of Reclamation, Mining, and Safety Department of Natural Resources FEB 14 2019 1313 Sherman Street, Room 215 Denver, Colorado 80203 DIVISION OF RECLAMATION MINING AND SAFETY Re: Deserado Mine (Permit No. C-1981-018), Permit Renewal No. 7 (RN -7) (HC471 162) Dear M. Wein: Thank you for your correspondence dated 1 February 2019 and received by our o!'f ice on 6 February 2019 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 ofterminating the MOU and creating a Programmatic Agreement or several Programmatic Agreements tailored to the specilic needs of the various resource types managed by your office. As the permit renewal will not affect the approved mining and reclamation plan or surface disturbance area, we concur that there will be no adverse effect [36 CFR 800.5(d)(1)] as a result of the permit renewal. 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 of the work change, please contact our office for continued consultation under Section 106 of•the National I listoric 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 iokal government or consulting parties might cause our of ice to re-evaluate c,;r eligibility and potential effect findings. Please note that our compliance letter does not end the 30 -day review period provided to other consulting parties. Thank you for the opportunity to comment. If•we may be of further assistance, please contact Lindsay Johansson, Section 106 Compliance Manager, at (303) 866-4678 or lindsay.johans"on &state.coms. Sincerely, eve Turner, A State Historic Wesgrvation Officer OFFICE OF ARCHAEOLOGY AND ITIS"TORIC PRESERVATION 303.866.3392 - Fax: 303.866.2711 - F. -mail oahp,iustate co.us - Website. \�N\�\ 1wtorvcolorrado.org