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€C? OFFICE of ARCHAEOLOGY and HISTORIC PRESERVATION <br />RECEIVED <br />MAY 19 2009 <br />Division ui rceciamation, <br />Mining and Safety <br />May 11, 2009 <br />Marcia L. Talvitie <br />Environmental Protection Specialist <br />Division of Reclamation, Mining, & Safety <br />Department of Natural Resources <br />1313 Sherman Street, Room 215 <br />Denver, CO 80203 <br />Re: Elk Creek and Sanborn Creek Mine (Permit No. C-1981-022) Technical Revision Application No. <br />63 (TR-63) Ventilation Boreholes (CHS #54781) <br />Dear Ms. Talvitie: <br />Thank you for your correspondence dated May 1, 2009 (received by our office on May 5, 2009) <br />regarding the subject project. <br />Because the proposed mine plan revision involves Federal oversight, please note that it is the <br />responsibility of the Federal agency to comply with Section 106 of the National Historic <br />Preservation Act as set forth in 36 CFR 800 ("Protection of Historic Properties"). This includes the <br />identification of any historic properties (i.e. cultural resources which are eligible to be listed in the <br />National Register of Historic Places) within the area of potential effects and determining whether <br />the undertaking will have an effect upon such properties. The State Historic Preservation Office, <br />Native American tribes, representatives of local governments, and applicants for Federal permits, <br />licenses or other approval are entitled to consultative roles in this process. <br />Prior to ground-disturbing activities, an inventory for cultural resources should be conducted in this <br />area by a qualified professional and the results provided to our office for review and comment. <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.duvall&chs.state.co.us. <br />Sincerely, <br />Edward C. Nichols <br />State Historic Preservation Officer <br />ECN/SAD <br /> <br />1300 BROADWAY DENVER COLORADO 80203 TEL 303/866-3395 FAx 303/866-2711 www.coloradohistory-oahp.org