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Ic"I <br /> �. <br /> History Colorado <br /> Zach Trujillo <br /> Environmental Protection Specialist <br /> Division of Reclamation, Mining, and Safety <br /> 1313 Sherman Street, Room 215 <br /> Denver, CO 80203 <br /> RE: Colowyo Coal Mine (Permit No. C-1981-019) Technical Revision No. 158 (TR-158), TR-158 Final <br /> East Pit Ditch Watershed Revision(HC4 67752) <br /> Dear Mr. Trujillo, <br /> Thank you for your correspondence received by our office on January 5, 2023 requesting the review of <br /> the above referenced undertaking under Section 106 of the National Historic Preservation Act(NHPA) <br /> and its implementing regulations 36 CFR Part 800. <br /> In accordance with the 1991 Memorandum of Understanding (MOU)between our agencies,because the <br /> technical revision may incorporate additional lands into the permit area or might otherwise alter <br /> previously approved permit conditions or mitigation measures, concurrence between our agencies is <br /> required due to the potential for impacts to cultural and/or historic resources. <br /> A review of orthoimagery shows that the proposed project locations have previously been disturbed. <br /> Based on the documentation provided,we find that a finding of no adverse effect [36 CFR 800.5(d)(1)] to <br /> historic properties is appropriate for the subject undertaking. <br /> Should the consulted-upon scope of the work change,please contact our office for continued consultation <br /> under Section 106 of the NHPA. Also, should unidentified archaeological resources be discovered in the <br /> course of the project,work must be interrupted until the resources have been evaluated in terms of the <br /> National Register eligibility criteria(36 CFR 60.4) in consultation with our office pursuant to 36 CFR <br /> 800.13. <br /> We request being involved in the consultation process with the local government,which as stipulated in <br /> 36 CFR 800.3 is required to be notified of the undertaking, and with other consulting parties. Additional <br /> information provided by the local government or consulting parties might cause our office to re-evaluate <br /> our eligibility and potential effect findings. Please note that our compliance letter does not end the 30-day <br /> review period provided to other consulting parties. <br /> Thank you for the opportunity to comment. If you have any questions,please contact Matthew Marques, <br /> Section 106 Compliance Manager, at(303) 866-4678, or matthew.marques(a state.co.us. <br /> Sincerely, <br /> Patrick A. Eidman Digitally signed by Patrick A. Eidman <br /> Date: 2023.01.06 11:23:33 -07'00' <br /> Dawn DiPrince <br /> State Historic Preservation Officer <br />