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OFFICE of ARCHAEOLOGY and HISTORIC PRIE-SERVATION <br />May 22, 2009 <br />Daniel I Hernandez <br />Senior Environmental Protection Specialist <br />Division of Reclamation, Mining, and Safety <br />1313 Sherman St, Room 215 <br />Denver, CC) 80203 <br />Re_ West Elk Mine (Kermit No. C-1980-007), Minor Revision Application No. 354 (NR-354), <br />Geotechnical and Soil Sample Boreholes for East Refuse Pile Expansion Area (CHS #54907) <br />Dear Mr. Hernandez: <br />Thank you for your recent correspondence dated May 15, 2009 (received by our office on May 20, <br />2009) and the documentation regarding the subject project" <br />A search of the Colorado Cultural Resource Inventory database indicated that several cultural resource <br />inventories have taken place in the proposed permit area and no historic properties have been recorded <br />therein. Based on the nature of the proposed project in addition to previous inventory in the area of <br />proposed activity, it is our opinion that a finding of no historic properties affected is appropriate for <br />the proposed activities. <br />If previously unidentified archaeological resources are discovered in the course of the project, work <br />must be interrupted until the resources are properly evaluated in terms of the National Register of <br />Historic Places eligibility criteria (36 CFR 60.4) in consultation with our office. <br />Thank you for the opportunity to comment. If we may be of further assistance, please contact Shin.a <br />duVall, Section 106 Compliance Manager, at (303) 866-4674 or shin a.duvallaa,chs.state.co.us. <br />Sincerely, <br />r <br />ward 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 <br />Z0 'd OS: ZT 6002 9Z 62W T TZZ99K0i: xp3 A13IOOS -1HOD101SIH 00