2020-09-22_GENERAL DOCUMENTS - C1982056

• Permit No: C1982056
• IBM Index Class Name: General Documents
• Doc Date: 9/22/2020
• Doc Name: Correspondence
• From: SHPO
• To: DRMS
• Email Name: TNL
• Email Name: JDM
• Media Type: D
• Archive: No

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Tabetha Lynch
Environmental Protection Specialist
Division of Reclamation, Mining, and Safety
1313 Sherman Street, Room 215
Denver, CO 80203
RE: Foidel Creek Mine (Permit No. C-1982-056) (HC# 67400)
Dear Ms. Lynch,
Thank you for your correspondence dated September 8, 2020 and received by our office on September 15,
2020 regarding the review of the above referenced undertaking under Section 106 of the National Historic
Preservation Act (NHPA) and its implementing regulations 36 CFR Part 800.
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 impacts to cultural and/or historic
resources. The proposed technical revision application may incorporate additional lands into the permit area or
might otherwise alter previously approved permit conditions or mitigation measures. As a result, impacts to
cultural and historic resources must be evaluated.
The provided documentation notes that the technical revision would not result in additional surface disturbance
outside of the area currently approved for disturbance. The provided documentation notes that the proposed
undertaking would result in grading of an existing, modern coal refuse pile that remains heavily disturbed.
Based on the documentation provided, we find that a finding of no historic properties affected [36 CFR
800.4(d)(1)] is appropriate for the subject undertaking.
Should unidentified archaeological resources be discovered in the course of the project, work must 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 of 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 office to re-evaluate our
eligibility and potential effect findings. Please note that our compliance letter does not end the 30-day review
period provided to other consulting parties.
Thank you for the opportunity to comment. If you have any questions, please contact Matthew Marques,
Section 106 Compliance Manager, at [phone], or [e-mail].
Sincerely,
Dr. Holly Kathryn n Norton Digitally signed by Dr. Holly Kathryn Norton
Y Y Date: 2020.09.21 08:21:20-06'00'
Steve Turner, AIA
State Historic Preservation Officer
HISTORY COLORADO CENTER 1200 BROADWAY DENVER CO 80203