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-144 <br /> ' r <br /> 14 OFFICE of ARCHAEOLOGY and HISTORIC PRESERVATION <br /> Janet H. Binns 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 , �,OF FECLAMATION <br /> Denver, Colorado 80203 6i,�aiGAND SAFETY <br /> Re: Bowie No. 2 Mine(Permit No. C-1996-083), "Technical Revision No. 118 (TR- 18), Revise and <br /> Reduce the Size of Gob Pile#3 (HC#67452) <br /> Dear M. Binns: <br /> Thank you for your correspondence dated 21 February 2019 and received by our Office on 25 February <br /> 2019 regarding the review of the above referenced project under Section 106 of the rational 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 oil ices <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 or several Programmatic Agreenicnts <br /> tailored to the specific needs of the various resource types managed bti' your office. We would also like to <br /> remind you that 36 CFR 800 affords consulting parties 30 days in which to comment on the effects of a <br /> federal undertaking rather than the l 5-day time frame stated in your letter. <br /> "This technical revision involves reducing the previously consulted upon size of Gob Pile 43. It will not <br /> incorporate additional lands into the permit area or otherwise alter previously approved permit conditions <br /> or mitigation measures. Therefore, we concur that there will be no historic 1)ro1)er1ie.s uf> ctec!136 C R <br /> 800.4(d)(1)] as a result of the proposed undertaking. <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 06 <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-da\ <br /> review period provided to other consulting parties. <br /> OFFICE OF ARCI-IAEOLOGY AND HISTORIC PRESERVA PION <br /> 303.866.3392- Fax 303.866.2711 - ti-mail•oahpu`state co.us- website. \+\�y hiykncolorud( ou <br />