2020-11-23_REVISION - C1981019 - Laserfiche WebLink

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[C-21 I HISTORY COLORADO Zach Trujillo Environmental Protection Specialist Division of Reclamation, Mining, and Safety 1313 Sherman Street, Room 215 Denver, CO 80203 RE: Colowyo Coal Mine (Permit No. C-1981-019) Technical Revision No. 143 (HC4 67752) Dear Mr. Trujillo, Thank you for your correspondence dated November 6, 2020 and received by our office on November 19, 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. 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 provided documentation notes that the proposed technical revision consists of the development of tall shrub test plots and revisions to the reclamation plan. The provided documentation notes that the technical revision would not result in additional surface disturbance outside of the area currently approved for disturbance. A review of our records shows that three cultural resources inventories were completed in the proposed test plot locations and eight previously recorded cultural resources (5MF.401, 5MF.402, 5MF.404, 5MF.405, 5MF.1943, 5MF.1949, 5MF.1950, and 5MF.1951) sit in or adjacent to the proposed test plot locations. The resources were previously determined not eligible for the National Register of Historic Places. A review of orthoimagery shows that the test plot locations remain 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.