2009-05-19_REVISION - C1981022 (2)

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N, OFFICE of ARCHAEOLOGY and HISTORIC PRESERVATION RECEIVE6 MAY 19 2009 Division ni Keclamagon, Mining and Safety May 11, 2009 Marcia L. Talvitie Environmental Protection Specialist Division of Reclamation, Mining, & Safety Department of Natural Resources 1313 Sherman Street, Room 215 Denver, CO 80203 Re: Elk Creek and Sanborn Creek Mine (Permit No. C-1981-022) Technical Revision Application No. 63 (TR-63) Ventilation Boreholes (CHS #54781) Dear Ms. Talvitie: Thank you for your correspondence dated May 1, 2009 (received by our office on May 5, 2009) regarding the subject project. Because the proposed mine plan revision involves Federal oversight, please note that it is the responsibility of the Federal agency to comply with Section 106 of the National Historic Preservation Act as set forth in 36 CFR 800 ("Protection of Historic Properties"). This includes the identification of any historic properties (i.e. cultural resources which are eligible to be listed in the National Register of Historic Places) within the area of potential effects and determining whether the undertaking will have an effect upon such properties. The State Historic Preservation Office, Native American tribes, representatives of local governments, and applicants for Federal permits, licenses or other approval are entitled to consultative roles in this process. Prior to ground-disturbing activities, an inventory for cultural resources should be conducted in this area by a qualified professional and the results provided to our office for review and comment. Thank you for the opportunity to comment. If we may be of further assistance, please contact Shina duVall, Section 106 Compliance Manager, at (303) 866-4674 or shina.duvall(2chs.state.co.us. Sincerely, Edward C. Nichols State Historic Preservation Officer ECN/SAD 1300 BROADWAY DENVER COLORADO 80203 TEL 303/866-3395 Fax 303/866-2711 www.coloradohistory-oahp.org