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New Elk Mine Bridge Repair and Replacement Project
<br />arcadis.com
<br />New Elk Mine Cultural Report_TB_Rev030722 NOT FOR PUBLIC DISCLOSURE 2
<br />Purgatoire River and SR-12, generally remaining south of SR-12 and the river’s floodplain (although the
<br />Purgatoire River winds across the flood plain and the ROW occasionally falls on the north side of the river
<br />between it and SR-12). The ROW continues this course westward along the length of Picketwire Valley,
<br />passing south of Tijeras, through Valdez, through Segundo, south of Lorencito, through Cordova Plaza,
<br />and south of Zamara and Vigil (Photograph 2). South of Vigil, the ROW continues west into Stonewall
<br />Valley along the course of the Middle Fork of the Purgatoire River. It passes through the main operation
<br />of the New Elk Mine (Photograph 3) in Stonewall Valley and terminates just a mile shy of Stonewall,
<br />Colorado (Photograph 4). In total, the railroad grade is about 31.015 miles (49.913 kilometers) long and
<br />the accompanying ROW encompasses approximately 375.821 acres (1,520,892 square meters).
<br />The railroad ROW crosses portions of Sections 22, 27, and 35 of Township 33 South, Range 64 West;
<br />Sections 31, 32, 33, 34, and 35 of Township 33 South, Range 65 West; Sections 31, 32, 33, 34, 35, and
<br />36 of Township 33 South, Range 66 West; Sections 20, 29, and 36 of Township 33 South, Range 67
<br />West; Section 3 of Township 34 South, Range 65 West; and Sections 2 and 4 of Township 34 South,
<br />Range 66 West (USGS 1960a, 1960b, 1971, 1974a, 1974b,1974c, 1979).
<br />1.2 Regulatory Context
<br />Federal Regulations
<br />The Project, as proposed by Allegiance Coal, will require a Pre-Construction Notification (PCN) from the
<br />U.S. Army Corps of Engineers (USACE). The USACE is subject to various federal laws and regulations
<br />that obligate it to preserve and protect cultural resources, including the Rivers and Harbors Act of 1899,
<br />as amended (33 United States Code [USC] 408 [Section 408]), and the National Historic Preservation Act
<br />of 1966, as amended (NHPA; 54 USC 300101 et seq.). Therefore, this Project is also subject to these
<br />laws and regulations.
<br />Rivers and Harbors Act (Section 408)
<br />This requirement was established in Section 14 of the Rivers and Harbors Act of 1899, codified as 33
<br />USC 408 (Section 408). Through its Civil Works program, the USACE has and does serve the U.S. public
<br />by responsibly managing its water resources. The USACE has constructed many Civil Works projects
<br />throughout the years, many of which are now operated and managed by other entities. The USACE
<br />recognizes that modifications and/or improvements may have to be made to these Civil Works projects
<br />over time. To ensure that Civil Works projects continue to serve the U.S. public in their originally intended
<br />capacity, the U.S. Congress mandated that any modifications and/or improvements must first be
<br />approved by the USACE—even if the USACE no longer owns or manages the land. If the USACE
<br />determines that a proposed project will not be deleterious to the public’s interest or to the usefulness of
<br />the original Civil Works project, then it may grant permission for the project to move forward.
<br />National Historic Preservation Act (Section 106)
<br />The NHPA, as amended (54 USC 300101 et seq.), sets forth the responsibilities that federal agencies
<br />must meet regarding cultural resources, especially Section 106 and its implementing regulations in 36
<br />Code of Federal Regulations (CFR) 800. Federal agencies must conduct the necessary studies and
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