2020-12-14_REVISION - C1981010 (3)

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[C-21 I HISTORY COLORADO Robin A. Reilley, GISP Environmental Protection Specialist Division of Reclamation, Mining, and Safety 1313 Sherman Street, Room 215 Denver, CO 80203 RE: Trapper Mine (Permit No. C-1981-010) Technical Revision No. 126 (HC# 67393) Dear Ms. Reilley, Thank you for the correspondence dated November 25, 2020 and received by our office on December 4, 2020 initiating consultation for the above referenced undertaking under Section 106 of the National Historic Preservation Act (NHPA) and its implementing regulations 36 CFR Part 800. 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 resources. The technical revision proposes expanding mining operations, changes to groundwater monitoring, and changes to a spillway. A cultural resource inventory was completed in preparation for the undertaking. The cultural resource inventory identified 25 cultural resources. The following comprises our statements regarding eligibility of resources for listing on the National Register of Historic Places (NRHP). • We concur with your finding that 5MF.9891, 5MF.9892, and 5MF.9894 are eligible for the NRHP under Criterion D. • We concur with your finding that 5MF.945, 5MF.9890, and 5MF.9893 are not eligible for the NRHP under any criteria. • We also concur with your finding that isolated finds 5MF.9868, 5MF.9869, 5MF.9870, 5MF.9871, 5MF.9872, 5MF.9873, 5MF.9874, 5MF.9875, 5MF.9878, 5MF.9879, 5MF.9880, 5MF.9881, 5MF.9882, 5MF.9883, 5MF.9884, 5MF.9885, 5MF.9886, 5MF.9887, and 5MF.9888 are not eligible for the NRHP under any criteria. The undertaking proposes avoiding 5MF.9891, 5MF.9892, and 5MF.9894. Based on the documentation provided, we find that a finding of no adverse effect [36 CFR 800.5(d)(1)] to historic properties 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.