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110a <br />Section 2.05 TR-76 7/25/2022 <br />retain its integrity of location, overall setting, design, materials (in terms of bridges and <br />culverts), feeling, and association. The rail line was removed in 2004 and part of NECC <br />future plan is to reinstall the rail line. <br />The NRHP-eligible former C&W railroad grade (5LA.7112) was affected by the <br />construction of a haul road between the mine and the intersection of the CP&W entrance <br />road to the State Wildlife Area prior to DRMS approval. Neither the construction of the <br />haul road nor the future reinstallation of the rail line within the former C&W railroad <br />corridor alters or will alter the former C&W’s alignment or height. The construction of <br />the haul road and the future reinstallation of the rail line within the former C&W railroad <br />corridor is intended to return the historic resource to its original use, and therefore is <br />consistent with the first two of the Secretary of the Interior’s Standards for Rehabilitation: <br />1) A property will be used as it was historically or be given a new use that requires <br />minimal changes to its distinctive materials, features, spaces, and spatial relationships; <br />and 2) The historic character of a property will be retained and preserved. Any new <br />construction associated with the Project will likewise be consistent with the Secretary of <br />the Interior’s Standards for Rehabilitation. <br />As the construction of the haul road introduces an effect to the resource, the Criteria of <br />Adverse Effects were applied. The construction of a haul road does not cause the physical <br />destruction of or damage to all or part of the property, does not alter the property in a way <br />that is not consistent with the Secretary’s standards for the treatment of historic <br />properties, and does not remove the property from its historic location. As the <br />construction of a haul road is consistent with the original use and purpose of the former <br />C&W railroad grade, it does not change the character of the property’s use of physical <br />features within the property's setting that contribute to its historic significance, and does <br />not introduce visual, atmospheric, or audible elements that diminish the integrity of the <br />property’s significant historic features. The construction of a haul road will not lead to <br />the neglect of the property which causes its deterioration but will instead ideally return a <br />neglected and deteriorated historic property to its original use. The preceding application <br />of the Criteria of Adverse Effects also applies to the future reinstallation of the rail line <br />within the former C&W railroad grade (5LA.7112). <br />There are also no publicly owned parks in the area that will be affected by the New Elk <br />Mine. The mining area underlies the Bosque del Oso State Wildlife area which was <br />transferred to the state by previous mine owners. New Elk Coal Company has the right to <br />mine in this area as governed by a lease agreement. Operation of the haul road on the <br />railroad bed and installation and operation of the railroad will create noise from trucks <br />and the trains from the mine to the Jensen Rail Yard, however, this will have limited <br />impacts on wildlife and the public that enjoy the State Wildlife area. NECC and CPW <br />have an MOU (Exhibit 46) that contains stipulation for operation of haul trucks that will <br />limit the potential impacts to wildlife and the State Wildlife Area. Retention of the post- <br />mining haul road will provide additional access to the wildlife area. <br />