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€4 OFFICE of ARCHAEOLOGY and HISTORIC PRESERVATION <br /> RVaNED <br /> Janet H. Binns <br /> Environmental Protection Specialist o 7 219 APR 3 0 2019 <br /> Division of Reclamation, Mining, and Safety MAY <br /> Department of Natural Resources <br /> 1313 Sherman Street, Room 215 p ASIONOF RECLAMATION <br /> Denver,Colorado 80203 MININGANDSFM <br /> Re:New Horizon Mine(Permit No. C-1981-008),Technical Revision No. 86(TR-86),Goforth Stock Pond <br /> Reconstruction(HC#67409) <br /> Dear M. Binns: <br /> Thank you for your correspondence dated 19 April 2019 and received by our office on 24 April 2019 initiating <br /> consultation with our office pursuant to the Colorado State Register Act-Colorado Revised Statute(CRS)24-80.1 - <br /> 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 into <br /> the permit area or might otherwise alter previously approved permit conditions or mitigation measures,concurrence <br /> between our agencies is required due to the potential for impacts to cultural and/or historic resources. After review <br /> of the MOU, we note that not only was it signed 27 years ago, but the only amendment(containing categorical <br /> exclusions)was made 15 years ago. We suggest that our offices collaborate in the near future to assess the <br /> continuing usefulness of the MOU and the possibility of terminating the MOU and creating a Programmatic <br /> Agreement or several Programmatic Agreements tailored to the specific needs of the various resource types <br /> managed by your office. <br /> This technical revision will revise how an area of reclaimed property is used, specifically as a support facility for <br /> irrigated pasture. The reclaimed area is within the area of currently approved for disturbance. A search of the <br /> Colorado Cultural Resource Inventor,Database indicates that 1 cultural resource inventory has been conducted in <br /> the vicinity of the proposed area, and I 1 cultural resources which have not been evaluated for listing to the National <br /> Register of Historic Places have been recorded therein. Our files contain incomplete information for this area and <br /> there is the possibility that as yet 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 Federal <br /> agencies involved to comply with Section 106 of the National Historic Preservation Act as set forth in 36 CFR Part <br /> 800("Protection of Historic Properties"), This includes the identification of any historic properties within the area <br /> of potential effects and determining whether the undertaking will have an effect upon such properties. The State <br /> Historic Preservation Office,Native American tribes, representatives of local governments, and applicants for <br /> Federal permits, licenses or other approval are entitled to consultative roles in this process <br /> Thank you for the opportunity to comment. If we may be of further assistance,please contact Lindsay Johansson, <br /> Section 106 Compliance Manager,at(303)866-4678 or lindsay.joharissongstate.co.us. <br /> Sincerely, <br /> —K,--Steve Turnt, AI <br /> State Histori reservation Officer <br /> OFFICE OF ARCHAEOLOGY AND HISTORIC PRESERVATION <br /> 303.866.3392-Fax: 303.866.2711 -E-mail:oahp,state.co.us-Website:wN�H historycolorado.orp, <br />