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<br />;,a OFFICE of ARCHAEOLOGY and HISTORIC PRESERVATION <br />RECEIVED <br />OCT 31 2008- <br />Division uk ,dination, <br />Mining and Safety <br />October 23, 2008 <br />Tom Kaldenbach <br />Environmental Protection Specialist <br />Division of Reclamation, Mining, & Safety <br />1313 Sherman Street, Rm. 215 <br />Denver, CO 80203 <br />Re: West Elk Mine (Permit No. C-1980-007) Permit Revision Application No. 14 (PR-14) Methane <br />Drainage Wells for Longwall Panels E2 through E12 (CHS # 53229) <br />Dear Mr. Kaldenbach: <br />Thank you for your correspondence dated October 10, 2008 (received by our office on October 17, <br />2008) concerning the subject project which is located on lands partially managed by the US Forest <br />Service. <br />As noted in a letter from our office dated September 8, 2008, we reiterate that since there is Federal <br />agency involvement in this project, it is the responsibility of the Federal agency to meet the <br />requirements of Section 106 of the National Historic Preservation Act as set forth in 36 CFR 800 <br />("Protection of Historic Properties"). This includes the identification of any historic properties (i.e. <br />cultural resources which are eligible for or are listed in the NRHP) within the area of potential <br />effects .(APE) and the determination of whether the undertaking will have an effect upon such. <br />properties. The State Historic Preservation Office, Native American tribes, representatives of local <br />governments, and applicants for Federal permits, licenses or other approval are entitled to <br />consultative roles in this process. <br />We do not have record that the PR-14 project area has been inventoried for cultural resources, as <br />stipulated in 36 CFR 800.4, and as such, our office is unable to comment on the potential effects to <br />cultural resources that may result from the proposed project (36 CFR 800.5). While the presence of <br />one previously-recorded cultural resource appears to occur within the project area, this resource was <br />recorded nearly 30 years ago (1979). Previous surveys discussed within the documentation provided <br />were conducted for previous permit-revision applications. It is unclear why a cultural resource <br />survey has not been conducted for the present permit revision application, PRA 4. <br />1300 BROADWAY DENVER COLORADO 80203 TEL 303/866-3395 FAx 303/866-2711 www.coloradohistory-oahp.org