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HISTORY March 25, 2014 Susan L. Burgmaier MAR 312014 Environmental Protection Specialist OIM$ION OF RMLAI ATCH Division of Reclamation, Mining and Safety MINING AND SAFETY Department of Natural Resources 1313 Sherman Street, Room 215 Denver, Colorado 80203 Re: Bowie No. 2 Mine (Permit No. C- 1996 -083), Permit Revision Application No. 14 (PR -14), Spruce Stomp Lease, Delta County, Colorado (CHS # 65660) Dear Ms. Burgmaier: Thank you for your correspondence dated March 20, 2014 (received by our office on March 24, 2014) regarding the subject permit revision. Our files indicate that the U.S. Forest Service (Forest) as lead federal agency initiated Section 106 consultation with our office for the proposed lease modification on February 5, 2013. In summary, the Forest completed intensive cultural resources survey of the Spruce Stomp Lease area that identified three sites eligible for listing to the National Register of Historic Places (corresponding to 5DT96, 5DT698, and 5DT1719) and one site (5DT90) that required additional evaluative study (or `need data) within the enlarged 1,850 - acre permit boundary. As two of these sites (5DT90 and 5DT96) were identified within subsidence zones —areas located above or adjacent to planned longwall mining panels —the Forest in consultation with our office recommended that these sites be periodically monitored to "better understand potential future impacts to cultural resources in subsidence zones, as well as ensure any potential adverse effects are mitigated if necessary." Our office concurred with the Forest's management recommendation as well as its finding of no adverse effect in our April 16, 2013 letter response (see attachment). As additional surface disturbance is not currently proposed by the revision application, it is our opinion that our prior effects determination with conditions still applies and is appropriate. The Section 106 consultation process does involve other consulting parties such as federal agencies (including the Forest and Bureau of Land Management), local governments, and Tribes, which as stipulated in 36 CFR 800.3 are required to be notified of the undertaking. Additional information provided by these or other consulting parties may cause our office to re- evaluate our comments and recommendations. Should unidentified archaeological resources be discovered in the course of the projects, work must be interrupted until the resources have been evaluated in terms of the National Register of Historic Places eligibility criteria (36 CFR 60.4) in consultation with our office. Thank you for the opportunity to comment. If we may be of further assistance, please contact Mark Tobias, Section 106 Compliance Manager, at (303) 866 -4674 or mark. tobias n,state.co.us Sincerely, Edward C. Nichols State Historic Preservation Officer ECN /MAT enclosure