2019-10-10_REVISION - C1996083 - Laserfiche WebLink

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RECEIVED OCT 10 2019 H I S TO R Y DIVISION OF RECLAMATION MINING AND SAFETY Robert D. Zuber, PE Environmental Protection Specialist Division of Reclamation. Mining, and Safety OCT 0 8 2019 Department of Natural Resources 1313 Sherman Street, Room 215 Denver, Colorado 80203 Re: Bowie No. 2 Mine(Permit No. C-1996-083), 'Technical Revision No. 121 (TR-121), Reduce Groundwater Monitoring Frequency (HC#67.152) Dear M. Zuber: "Thank you for your correspondence dated 2 October 2019 and received by our office on 7 October 2019 regarding the review of the above referenced project under Section 106 of the National I listoric Preservation Act. After review of the documentation provided, we note that in accordance with the 1991 Memorandum Of' Understanding(MOU) between our agencies, because the technical revision may incorporate additional lands into the permit area or might otherwise alter previously approved permit conditions or mitigation measures, concurrence between our agencies is required due to the potential for imparts to cultural and'or historic resources. After review of'the MOL i, we note that not only was it signed 27 years agO. but the only amendment(containing categorical exclusions) was made 15 years ago, We that Our ol'l icc; collaborate in the near future to assess the continuing usefulness of the MOL; and the pos;ibiht\ of terminating the MOU and creating a Programmatic Agreement or several Programmatic Agreement; tailored to the specific needs of the various resource types managed by )our office. We \\ould also like to remind you that 36 CFR 800 affords consulting parties 30 days in which to comment on the ct'Iccts of a federal undertaking rather than the 15-day time frame stated in your letter. This technical revision will reduce the groundwater monitoring frequency to once annually for ten (10) drill holes. It will not incorporate additional lands into the permit area or otherwise alter previously approved permit conditions or mitigation measures. Therefore, we concur that there .N III be no historic properties affected 136 CFIZ 800.4(d)(])I as a result ofthe proposed undertaking. Should unidentified archaeological resources be discovered in the course of the project, work inust be interrupted until the resources have been evaluated in terms of the National Register eligibility criteria (36 CFR 60.4) in consultation with our office pursuant to 36 CFR 800.13. Also, should the consulted-upon scope of the work change, please contact our office for continued consultation under Section 106 ol'the National Historic Preservation Act. We request being involved in the consultation process with the local government, which as stipulated in 36 CFR 800.3 is required to be notified of the undertaking, and with other consulting parties. Additional information provided by the local government or consulting parties might cause our ollice to re-0'aluatc our eligibility and potential effect findings. Please note that our compliance letter does not end the 3U-day review period provided to other consulting parties. History • • .•• 1200 Broadway, Denver, • 80203 • • • .•• • •