2022-05-26_REVISION - C1981019 (2)

Home Browse Search

Ic"I 1. 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. 153 (TR-153), TR-153 Moffat County Road 51 at Grade Crossing (HC4 67752) Dear Mr. Trujillo, Thank you for your correspondence dated and received by our office on April 26, 2022 regarding the review of the above referenced undertaking under Section 106 of the National Historic Preservation Act (NHPA) and its implementing regulations 36 CFR 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. Your letter notes that you are providing 15 days for our review. Please note that 36 CFR 800, as well as the MOU, require agencies to provide our office 30 days to review submissions for Section 106 of the NHPA. Your correspondence notes that the undertaking proposes to alter the grade crossing at Moffat County Road 51 to facilitate a dragline. In order to complete our review,we request additional information on the proposed alterations and construction as well as temporary use areas (i.e. access roads and staging areas). Please provide maps, designs, images, and additional descriptions as necessary to provide us an understanding of the proposed undertaking and the area of potential effect(APE). Due to the potential for the undertaking to affect previously unidentified cultural resources,we recommend that a cultural resource inventory be completed by a cultural resource specialist who meets the Secretary of the Interior's Standards prior to construction activities to determine the presence of historic properties in the APE and to assess the potential effects to these resources as a result of the proposed undertaking. This level of effort is recommended in accordance with 36 CFR 800.4(b)(1). A list of qualified contractors that may provide the above services is available on our website: https://www.historycolorado.org/media/1088. Upon completion of the appropriate identification efforts,our office should be provided with the results of the cultural resource inventory for review of professional adequacy and compliance with regulations,as well as to evaluate the appropriateness of the recommended effect finding. We anticipate further discussion regarding the subject undertaking according to 36 CFR 800.3-.6. 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.