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STORYg <br />August 19, 2011 <br />Brock F. Bowles <br />Environmental Protection Specialist <br />Division of Reclamation, Mining, and Safety <br />1313 Sherman St., Room 215 <br />Denver, CO 80203 <br />Alp <br />Re: Elk Creek Mine (Permit No. C- 1981 -022), Permit Revision Application No. 6 (PR -6), Modification of <br />Permit Area (CHS #60159) <br />Dear Mr. Bowles: <br />Thank you for your correspondence dated August 9, 2011 (received by our office on August 12, 2011) and the <br />documentation regarding the subject project. <br />As the proposed permit renewal does not involve any new surface disturbance, it is our opinion that a finding of <br />no historic properties affected is appropriate for the proposed activities at this time. <br />Because the coal and land within the proposed permit area expansion are federally owned, should surface <br />disturbing activities occur in the future, please note that it is the responsibility of the federal agency to <br />comply with Section 106 of the National Historic Preservation Act as set forth in 36 CFR 800 ( "Protection <br />of Historic Properties "). This includes the identification of any historic properties (i.e. cultural resources <br />which are eligible to be listed in the National Register of Historic Places) within the area of potential effects <br />and determining whether the undertaking will have an effect upon such properties. The State Historic <br />Preservation Office, Native American tribes, representatives of local governments, and applicants for Federal <br />permits, licenses or other approval are entitled to consultative roles in this process. <br />If previously unidentified archaeological resources are discovered in the course of the project, work must be <br />interrupted until the resources are properly evaluated in terms of the National Register of Historic Places <br />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 Mark Tobias, <br />Section 106 Compliance Manager, at (303) 866 -4674 or mark.tobias@chs.state.co.us. <br />Sincerely, <br />ciA„, <br />fie/ Edward C. Nichols <br />State Historic Preservation Officer <br />ECN /MAT <br />Civic CENTER PLAZA 1560 BROADWAY SUITE 400 DENVER COLORADO 80202 www.historycolorado.org <br />