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HISTORY <br />August 6, 2012 <br />Brock F. Bowles <br />Environmental Protection Specialist <br />Division of Reclamation, Mining and Safety <br />1313 Sherman St., Room 215 <br />Denver, Colorado 80203 <br />Dear Ivlr. Bowles: <br />RECEIVED <br />AUG 062012 <br />Division of Reclamation, <br />Mining & Safety <br />Re: Elk Creek Mine (Permit No. C- 1981 -022), Permit Revision Application No. 7 (PR -7), PR -7 COC -70615 <br />Coal Lease Addition and Mine Plan Modification (CHS #62204) <br />Thank you for your correspondence dated June 6, 2012 (received by our office on June 12, 2012) and for the <br />opportunity for continued consultation for the subject undertaking. We also appreciate your meeting with Mark <br />Tobias of our office on July 30, 2012 to discuss project specifics in order that we may provide appropriate <br />comments and recommendations relative to the Elk Creek Mine PR -7 Application. <br />A review of the Colorado Cultural Resource Inventory indicates that while portions of the expanded permit area <br />(project area) have been inventoried for cultural resources (including the 2005 survey titled Class III Cultural <br />Resource Inventory of the Block Clearance Areafir the Oxbow Mining LLC Project in Delta and Gunnison Counties, Colorado) <br />the majority of the area has not yet been surveyed. It also appears that at least one historic property (site <br />5GN4725) is located within the project area. This archaeological site was determined "need data" for listing on <br />the National Register of Historic Places on February 3, 2006. We recommend that activities associated with this <br />undertaking avoid this resource. If site avoidance is not possible, we recommend further consultation with our <br />office in order to identify options to mitigate the adverse effect to this site. <br />As you know, activities involving surface - disturbing actions do have the potential to affect historic properties <br />that may be eligible for the National Register of Historic Places, which can include any prehistoric <br />(archaeological) or historic district, site, building, structure or object. As a result, it is our recommendation that a <br />cultural resources survey be completed prior to such activities to determine the presence of historic properties <br />within the project area and the potential effects to these resources as a result of the proposed undertaking. <br />Under the process established for the protection of cultural resources, as required by Section 106 of the <br />National Historic Preservation Act (Section 106) and implemented through 36 CFR Part 800, it is the statutory <br />obligation of the Federal agency to fulfill the requirements of Section 106 and to ensure that an agency official <br />with jurisdiction over an undertaking takes legal and financial responsibility for these actions. <br />Prior to ground- disturbing activities, an inventory for cultural resources should be conducted in this area by a <br />qualified professional and the results provided to our office for review and comment. <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 @state.co.us. <br />Sincerely, <br />-Ep/ Edward C. Nichols <br />State Historic Preservation Officer <br />ECN /MAT <br />WWW. ISTOI C.OLOR,ADO.ORG <br />HISTORY COLORADO CENTER 1200 BROADWAY DENVER COLORADO 80203 <br />