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P1 OFFICE of ARCHAEOLOGY and HISTORIC PRESERVATION <br />January 26, 2010 <br />Tom Kaldenbach <br />Environmental Protection Specialist <br />Division of Reclamation, Mining and Safety <br />Department of Natural Resources <br />1313 Sherman Street, Room 215 <br />Denver, CO 80203 <br />Re: West Elk Mine (Permit No. C-1980-007) <br />Technical Revision Application No. 120 (TR-120) <br />New Refuse Pile in No Name Gulch (CHS #56362) <br />Dear Mr. Kaldenbach: <br />FEB 0 '? 2010 <br />DivisiOn D' <br />Min.,, Safety n <br />Thank you for your correspondence dated January 11, 2010 (received by our office on January 20, <br />2010) regarding the subject project. <br />A search of the Colorado Cultural Resource Inventory indicated that several cultural resource <br />inventories have been conducted in the vicinity of the proposed permit area. One site, the Oliver Mine <br />(5GN254), has been recorded as a "need data" site, indicating that additional information is needed to <br />assess its potential eligibility for the National Register of Historic Places (NRHP). How will the <br />proposed new refuse pile impact this site? Proposed mining activities should avoid adverse effects to <br />5GN254 until it can be reevaluated and an official determination of eligibility can be made. If site <br />avoidance is not possible, we recommend further consultation with our office in order to identify <br />options to avoid, minimize, or mitigate the adverse effect to this and any other sites within the project's <br />APE. <br />Should human remains be discovered during mining activities, the requirements under State law CRS <br />24-80 part 13 applies 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.duvallgchs.state.co.us. <br />Sincerely, <br />Edward C. Nichols <br />zk- 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