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R���'VEW <br /> €�� AUG 0� 2019 <br /> HISTORY <br /> ,tit, <br /> Janet H. Binns <br /> I?nvironmental Protection Specialist <br /> Division of Reclamation, Mining, and Safety AUG 0 2 2019 <br /> Department of Natural Resources <br /> 1313 Sherman Street, Room 215 <br /> Denver, Colorado 8003 <br /> Re: Bowie No. 2 Mine(Permit No. C-1996-083), Technical Revision No. 119 (TR-1 19), Add Culvert at <br /> Curve#11 (HC#67452) <br /> Dear M. Binns: <br /> Thank you for your correspondence dated 28 June 2019 and received by our office on 3 July 2019 <br /> 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(MOO)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. 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 15-day time frame stated in your letter. <br /> This technical revision the addition of a culvert at Curve No.. 11 of the haul road to the D-portal bench. It <br /> will not incorporate additional lands into the permit area or otherwise alter previously approved permit <br /> conditions or mitigation measures. "Therefore, we concur that there will be no historic properties crffecled <br /> 136 CFR 800.4(d)(1)] as a result of the proposed undertaking. <br /> Should unidentified orchaeological 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 invlplved 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-day <br /> review period provided to other consulting parties. <br /> History • • .•• Broadway, Denver, • 80203 • • • .•• • • <br />