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Corey Heaps <br />McClave Canyon Mining, LLC <br />February 15, 2011 <br />Page 26 <br />descriptions in the text, it appears that Feature #2 may be the concrete wall shown in Photos <br />1 and 2 of the AVF determination. <br />• The historical narrative regarding the attempt made by Quaker Oats Co. to dam and divert <br />flows from East Salt'Creek more than 100 years ago is illuminating, but the elongated <br />landform does not appear to have been evaluated for the Cultural Resource Inventory. <br />Rather, attention was focused solely on the concrete dam/diversion structures located at the <br />present -day constriction of East Salt Creek. <br />Conclusions <br />With PR -2, MCM has attempted to re- characterize a landform previously identified as <br />"man -made fill" as being the result of natural processes, specifically a landslide which <br />originated west of East Salt Creek and SH 139. The Division does not find the arguments <br />now being presented to be compelling, and suggests that the shape and location of the <br />feature are more consistent with the intentional construction of an earthen dam than they are <br />with landforms created by natural processes. <br />Assuming the landform is determined to be human -made, the question that next arises is, <br />"When was the dam constructed ?" The earthwork may well have been accomplished as <br />part of the Quaker Oats project, but if that effort merely took advantage of a "constriction" <br />that already existed at this location, is it possible that construction of the dam predated the <br />arrival of settlers in the area? This may need to be further evaluated as part of the Cultural <br />Resource Inventory. The Division will consult with the Bureau of Land Management <br />and/or the State Historic Preservation Officer as to whether additional study is warranted. <br />Please consider the comments above and provide a plausible, consistent description of the <br />structure throughout the permit revision application. <br />The Division is willing to meet with representatives of MCM to discuss or clarify this letter. If <br />you would like to schedule a meeting or if you have questions, please contact me. <br />Sincerely, <br />M <br />Michael P. Boulay <br />Environmental Protection Specialist <br />Enclosures <br />C: Jim Stover/ J.E. Stover & Associates <br />Denver File/DRMS <br />