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,.WNW, <br /> F11 OFFICE of ARCHAEOLOGY and HISTORIC PRESERVATION <br /> Zach T. Trujillo RECEIVED <br /> Environmental Protection Specialist <br /> Division of Reclamation, Mining, and Safety MAR 0 4 2019 FEB 2 6 2019 <br /> Department of Natural Resources <br /> 1313 Sherman Street, Room 215 DIVISION;,F RECLAMATION <br /> Denver, Colorado 80203 MINING AND SAFETY <br /> Re: CoIowyo Coal Mine(Penn it No. C-1981-019), 'Fee hnlcaI Revision No. 131 (TR-131), Section 28 <br /> Ditch Revision (HC#67752) <br /> Dear M. Trujillo: <br /> Thank you for your correspondence dated 7 February 2019 and received by our office on 12 February <br /> 2019 regarding the review of the above referenced project under Section 106 of the National Historic <br /> Preservation Act. <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 <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 for impacts to cultural and/or <br /> historic resources. After review of the MOU, 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 offices <br /> collaborate in the near future to assess the continuing usefulness of the MOU and the possibility of <br /> terminating the MOU and creating a Programmatic Agreement. We would also like to remind you that <br /> under 36 CFR 800 our office and other consulting parties are afforded 30 days to comment absent an <br /> emergency as defined in 36 CFR 800.12 rather than the fifteen days stated in your letter. <br /> We concur that the proposed revisions to the Section 28 ditch and watershed will result in no historic <br /> properties affected[36 CFR 800.4(d)(1)] as the revision will not incorporate additional surface <br /> disturbance outside of the previously consulted upon area for which cultural resource surveys have been <br /> conducted. <br /> Should unidentified archaeological resources be discovered in the course of the project, work must be <br /> interrupted until the resources have been evaluated in terms of the National Register eligibility criteria(36 <br /> CFR 60.4) in consultation with our office pursuant to 36 CFR 800.13. Also, should the consulted-upon <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 of the 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-dad <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(astate.co.us-Website:«NNw.historvcolorado.org <br /> COLORADO • ' SOCIETY <br />