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Eel I <br />HISTORYej_'O�� <br />Zach T. Trujillo <br />Environmental Protection Specialist <br />Division of Reclamation, Mining, and Safety <br />1313 Sherman Street, Room 215 <br />Denver, CO 80203 <br />RE: Colowyo Coal Mine (Permit No. C-1981-019) (HC# 67752) <br />Dear Mr. Trujillo, <br />Thank you for your correspondence dated June 29, 2020 and received by our office on July 6, 2020 <br />regarding the review of the above referenced undertaking under Section 106 of the National Historic <br />Preservation Act (NHPA) and its implementing regulations 36 CFR Part 800. <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 29 years ago, but the <br />only amendment (containing categorical exclusions) was made 17 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 />The technical revision proposes removing a gate valve on a primary discharge structure of the Section 25 <br />Pond in the permit area. We concur that the proposed gate valve removal will result in no historic <br />properties affected [36 CFR 800.4(d)(1)] as the revision will not incorporate additional surface <br />disturbance outside of the previously consulted upon area for which disturbance has been approved. <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 (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 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 -day <br />review period provided to other consulting parties. <br />(-HISTORY COLORADO CENTER 1200 BROADWAY DENVER CO 80203 <br />