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€I <br /> HISTORY <br /> Janet H. Binns RECEIVED JUN 0 6 1019 <br /> Environmental Protection Specialist <br /> Division of Reclamation, Mining, and Safety Jug 12 2019 <br /> Department of Natural Resources <br /> 1313 Sherman Street, Room 215 OV010N OF RECLAMATION <br /> Denver, Colorado 80203 MINING AND SAFELY <br /> Re: New Horizon North Mine(Permit No. C-2010-089), Technical Revision No. 20 ("IR-20), Update <br /> Bonding Information and Remove References(HC#67460) <br /> Dear M. Binns: <br /> Thank you for your correspondence dated 28 May 2019 and received by our office on 3 June 2019 <br /> initiating consultation with our office pursuant to the Colorado State Register Act - Colorado Revised <br /> Statute (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 <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 or several Programmatic Agreements <br /> tailored to the specific needs of the various resource types managed by your office. <br /> This technical revision will update Section 3.02.2 to reflect current information, to remove maps and an <br /> appendix that are no longer relevant, and to remove outdated references. This will not increase the area of <br /> surface disturbed by mining activities and therefore,we concur with an effect finding of no adverse effect. <br /> If the proposed mining plan revision involves Federal oversight please note that it is the responsibility of <br /> the Federal agencies involved to comply with Section 106 of the National Historic Preservation Act as set <br /> forth in 36 CFR Part 800 ("Protection of Historic Properties"). This includes the identification of any <br /> historic properties within the area of potential effects and determining whether the undertaking will have <br /> an effect upon such properties. The State Historic Preservation Office, Native American tribes, <br /> representatives of local governments, and applicants for Federal permits, licenses or other approval are <br /> 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 <br /> Johansson, Section 106 Compliance Manager, at(303) 866-4678 or lindsay juhanssor��c?state.cc�,us. <br /> Sincerely, <br /> -fC--Sfeve Turner Al <br /> State Historic servation Officer <br /> History • • .•• 1200 Broadway, Denver, • 80203 • • • .•• • • <br />