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N OFFICE of ARCHAEOLOGY and HISTORIC PRESERVATION <br />April 16, 2009 <br />Tom Kaldenbach <br />Environmental Protection Specialist EeEit? <br />Division of Reclamation, Mining, & Safety APR 2 2 ZU09 <br />1313 Sherman Street, Rm. 215 Di? of pion <br />Denver, CO 80203 Mining and Safely ' <br />Re: West Elk Mine (Permit No. C-1980-007) <br />Minor Revision No. 352 (MR-352) <br />Exploration Drilling in Dry Fork Area and on Lion's Mesa (CHS #54587) <br />Dear Mr. Kaldenbach: <br />Thank you for your correspondence dated April 6, 2009 (received by our office on April 10, 2009) <br />regarding the subject project. <br />A search of our files indicates that several cultural resource inventories surveys have been conducted <br />for cultural resources in the vicinity of the proposed drilling area and that no historic properties have <br />been identified. However, our files contain incomplete information for this area, as most of Colorado <br />has not yet been inventoried for cultural resources. As a result, there is the possibility that as yet <br />unidentified cultural resources exist within that portion of the permit area which has not been <br />surveyed. <br />In the event there is Federal agency involvement (such as permitting or oversight), please note that it <br />is the responsibility of the Federal agency to meet the requirements of Section 106 of the National <br />Historic Preservation Act as set forth in 36 CFR 800 ("Protection of Historic Properties"). This <br />includes the identification of any historic properties (i.e. cultural resources which are eligible to be <br />listed in the National Register of Historic Places) within the area of potential effects and determining <br />whether the undertaking will have an effect upon such properties. The State Historic Preservation <br />Office, Native American tribes, representatives of local governments, and applicants for Federal <br />permits, licenses or other approval are entitled to consultative roles in this process. <br />Should human remains be discovered during mining activities, the requirements under State law CRS <br />24-80 part 13 apply and must be followed. <br />Thank you for the opportunity to comment. If we may be of further assistance, please contact Shina <br />duVall, Section 106 Compliance Manager, at (303) 866-4674 or shina.duva.U chs.state.co.us. <br />Sincerely, <br />A?dward C. Nichols <br />State Historic Preservation Officer <br />ECN/SAD <br />1300 BROADWAY DENVER COLORADO 80203 TEL 303/866-3395 FAx 303/866-2711 www.coloradohistory-oahp.org