2015-12-01_REVISION - C1982056 (2)

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HISTORY RECE1V L_ _; November 24, 2015 gg Jared L. Ebert Environmental Protection Specialist Division of Reclamation, Mining and Safety23q Division of BeS60®"' Department of Natural Resources Mining 1313 Sherman Street, Room 215 Denver, Colorado 80203 Re: Foidel Creek Mine (Permit No. C-1982-056), Permit Revision No. 10 (PR10) and Permit Revision No. 11 (PR11), Continued Section 106 Consultation Regarding Subsidence Effects to Sites 5RT3275, 5RT3324, and 5RT3325 (HC # 67400) Dear Mr. Ebert: Thank you for your e-mail dated November 5, 2015 providing supplemental information for the above referenced undertaking. Additional analysis relative to possible effects associated with underground longwall coal mining particularly as it relates to surface subsidence within two National Register eligible sites was requested by our September 8, 2015 letter. Metcalf Archaeological Consultants, Inc. (Metcalf), in response to our September 8, 2015 request, prepared a letter report dated November 3, 2015 characterizing possible subsidence effects to archaeological sites that are located within Twentymile Coal LLC's Foidel Creek subsidence zone. %XUe we find the letter report satisfactory, we particularly find Metcalfs draft report for Peabody Sage Creek LLC's subsidence expansion project—that is currently under review by the Bureau of Land Management, little Snake Field Office—useful and we expressly thank Anne McKibbin, Senior Staff archaeologist with Metcalf, for providing our office a draft cope for review. After review of the information provided our office and considering the position of sites 5RT3275, 5RT3324, and 5RT3325 on the landscape and their relative "sensitivity" to subsidence effects as outlined within Meltcalfs 2015 Peabody Sage Creek Report, we concur with your determination that this undertaking will result in no adverse effect pursuant to 36 CFR 800.5(b). Additionallv, we would like to provide our preliminary endorsement regarding the need for baseline subsidence studies on archaeological that are located within certain topographical settings as outlined by Metcalf within its Peabody report. These data would likely benefit both the regulatory agency and project proponent including Peabody Energy that owns both Twentymile Coal LLC and Peabody Sage Creek LCC by reducing future Section 106 consultation timelines. The Section 106 consultation process does involve other consulting parties such as local governments and Tribes, which as stipulated in 36 CFR 800.3 are required to be notified of the undertaking. Additional information provided by the local government, Tribes or other consulting parties may cause our office to re-evaluate our comments and recommendations. We thank you for the opportunity to comment. If we may be of further assistance, please contact Mark Tobias, Section 106,Comphance Manager, at (303) 866-4674 or mark. tobiasL(Dsrate co us. J C1C1) , d CVhohs State Ilistoric Preservation Officer FCN/mt