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HISTORY t_ <br />March 13, 2012 <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: New Elk Mine (Permit No. C- 1981 -012), Permit Revision Application No. 4 (PR -4), Expand Permit <br />Boundary Approximately One -Mile to the East (CHS #61498) <br />Dear Ms. Binns: <br />Thank you for your correspondence dated February 24, 2012 (received by our office on February 29, 2012) <br />regarding the subject project. <br />A search of our files indicates that no survey for cultural resources has been conducted within the expanded <br />permit area and no cultural resources have been recorded therein. Activities such as the proposed construction <br />of infrastructure, as shown on map 20 — sheets 1, 3 and 4, do have the potential to affect historic properties that <br />may be eligible for the National Register of Historic Places, which can include any prehistoric (archaeological) or <br />historic district, site, building, structure or object. As a result, it is our recommendation that a cultural resources <br />survey be completed prior to such activities to determine the presence of historic properties within the project <br />area and the potential effects to these resources as a result of the proposed project. A directory of cultural <br />resource management consultants qualified to undertake such a survey is available on our website at: <br />http: / /www.historycolorado.org/ sites /default /files/ files /OAHP /crforms edumat /pdfs/ 1502.pdf. <br />Under the process established for the protection of cultural resources as required by Section 106 of the National <br />Historic Preservation Act (NHPA) and implemented through 36 CFR 800, it is the statutory obligation of the <br />Federal agency (in this case the Colorado Division of Reclamation, Mining and Safety on behalf of the Office of <br />Surface Mining) to fulfill the requirements of Section 106 and to ensure that an agency official with jurisdiction <br />over an undertaking takes legal and financial responsibility for Section 106 compliance (36 CFR 800.2). <br />Thank you for the opportunity to comment. We look forward to continued consultation on the subject project. If <br />we may be of further assistance, please contact Mark Tobias, Section 106 Compliance Manager, at (303) 866 -4674 <br />or mark.tobias)state.co.us. <br />Sincerely, <br />--C,/ Edward C. Nichols <br />State Historic Preservation Officer <br />ECN /MAT <br />R$CVVED <br />MAR 15 2012 <br />Owauori or ►adawetiora, <br />Maw sal *May <br />-www. <br />R A3 C1. G <br />HISTORY COLORADO CENTER 1200 BROADWAY DENVER COLORADO 80203 <br />