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Rodriguez, Mary <br />From: Stark, Jim <br />Sent: Monday, March 19, 2012 3:01 PM <br />To: Ron Thompson (ronthompson @newelkcoal.com) <br />Cc: P. E. Susan B. Patton Ph. D. (spatton @agapito.com); jestover @bresnan.net; DRMS -Coal- <br />Admin <br />Subject: New Elk PR -04 - SHPO Letter <br />Attachments: New Elk PR -04 SHPO Letter - 13 March 2012.pdf <br />Ron, <br />I don't know if Janet or Dan contacted you, but I will be taking the lead on the New Elk Mine PR -04. <br />Last week the Division received the attached letter from SHPO. They are requesting that NECC perform a cultural <br />resources survey prior to disturbing any lands in the new permit area. I think, however, that they incorrectly attribute <br />the structures listed on the Map 20 series as proposed new NECC structures, rather than existing gas wells, pipelines and <br />roads. That said, pursuant to Rule 2.04.4(1) NECC must provide "a description of the cultural and historic resources <br />listed or eligible for listing on the National Register of Historic Places and significant known archaeological sites existing <br />on the date of application within all areas proposed or likely to be affected by surface activities or planned or probable <br />subsidence over the life of the mine." <br />NECC is proposing to add 1,618.37 acres of permit area and 2,942.8 acres of affected area. While I have not looked at <br />the current cultural resources survey contained in the approved New Elk Mine permit, based on the information <br />provided by SHPO, it appears that at least a portion of the new permit area and /or disturbance area has not been <br />surveyed. This survey will need to be completed and reviewed by SHPO prior to the Division being able to propose a <br />decision on PR -04. If NECC has completed the required cultural resources survey, please forward three copies to the <br />Division for review. If NECC has not completed the required survey, one will need to be conducted and forwarded to the <br />Division for review. <br />Please contact me if you have any questions or comments. <br />James R Stark <br />Environmental Protection Specialist <br />Colorado Department of Natural Resources <br />Division of Reclamation, Mining and Safety <br />1313 Sherman Street, Room 215 <br />Denver, CO 80203 <br />(303) 866 -3567 X8145 <br />www.mining.state.co.us <br />