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€ca OFFICE of ARCHAEOLOGY and HISTORIC PRESERVATION <br />RECEIVED <br />JUL 2 2 2009 <br />Divisiui u , ,Lade ration, <br />July 16, 2009 Mining and Safety <br />Janet H. Binns <br />Environmental Protection Specialist <br />Division of Reclamation, Mining and Safety <br />1313 Sherman Street, Room 215 <br />Denver, Colorado 80203 <br />Re: Foidel Creek Mine (Permit No. C-1982-056), Technical Revision Application NO. 67 (IR-67), <br />Expansion of Coal Refuse Disposal Area (CHS #55197) <br />Dear Ms. Binns: <br />Thank you for your recent correspondence dated July 9, 2009 (received by our office on July 13, 2009) <br />and the additional documentation provided regarding the subject project. <br />Based on the nature of the proposed project in addition to previous disturbances and cultural resource <br />inventory in the area of proposed activity, it is our opinion that no historic properties will be affected <br />and the project may proceed without additional cultural resources inventory. <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 Shina <br />duVall, Section 106 Compliance Manager, at (303) 866-4674 or shina.duvallgchs.state.co.us. <br />Sincerely, <br />?J <br />Edward C. Nichols <br />State Historic Preservation Officer <br />ECN/SAD <br /> <br />1300 BROADWAY DENVER COLORADO 80203 TEL 303/866-3395 FAx 303/866-2;711 www.coloradohistory-oahp.org