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Eca OFFICE of ARCHAEOLOGY and HISTORIC PRESERVATION <br />RECEIVED <br />Brock R. Bowles <br />Division of Reclamation, Mining, and Safety FEB 2 5 2019 FEB 19 2019 <br />Department of Natural Resources <br />1313 Sherman Street, Room 215 DIVISION OF RECLAMATION <br />Denver, Colorado 80203 MIN ING AND SAFETY <br />Re: New Horizon Mine (Permit No. C-1981-008), "Technical Revision No. 88 (TR -88), Addition of Culvert 0- <br />180 (HC#67409) <br />Dear M. Bowles: <br />Thank you for your correspondence dated 8 February 2019 and received by our off ice on 12 February 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 with the 1991 Memorandum of <br />Understanding (MOU) between our agencies, because the technical revision may incorporate additional lands <br />into the permit area or might otherw ise 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 of the MOU and the possibility of terminating the MOU and creating <br />a Programmatic Agreement or several Programmatic Agreements tailored to the specific needs of the various <br />resource types managed by your office. <br />This technical revision will involve construction of culvert C-180 below the existing tailwater ditch on the <br />ERMR-Johnson property. A search of the Colorado Cultural Resource Inventory Database indicates that 1 <br />cultural resource inventory has been conducted in the vicinity of the proposed area and 11 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 Net <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 of the <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 potentia! effects and determining whether the undertaking will have an effect <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 are entitled to consultative 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(cP,state.co.us. <br />Sincerely, <br />—�i�steve Turner, A A <br />State Histori�-P servation Officer <br />OFFICE, OF ARCHAEOLOGY AND HISTORIC PRESERVATION <br />303.866 3392 - Far. 303.866.271 1 - E-mail• oahpla�statc corns - Website- \� \� \, hi.storcoIorado org <br />