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€ca OFFICE of ARCHAEOLOGY and HISTORIC PRESERVATION <br />RECEIVED <br />Brock R. Bowles <br />Environmental Protection Specialist NOV 26 2018 <br />Division of Reclamation, Mining, and Safety NOV 2 Q 2018 <br />Department of Natural Resources Division of Reclamation, <br />1313 Sherman Street, Room 215 Mining & Safety <br />Denver, Colorado 80203 <br />Re: New Horizon Mine (Permit No. C-1981-008),'fechnical Revision No. 86 (TR -86), Goforth Stock Pond <br />Reconstruction (HC#67409) <br />Dear Mr. Bowles: <br />Thank you for your correspondence dated October 30, 2018 and received by our office on November 8, 2018 <br />initiating consultation with our office pursuant to the Colorado State Register Act - Colorado Revised Statute (CRS) <br />24-80.1 - as amended. <br />After review of the documentation provided, we note that in accordance yr ith the 1991 Memorandum of <br />Understanding (MOU) between our agencies, because the technical revision may incorporate additional lands into <br />the permit area or might otherwise alter previously approved permit conditions or mitigation measures, concurrence <br />between our agencies is required due to the potential for impacts to cultural and/or historic resources, After review <br />of the MOU, we note that not only was it signed 27 years ago, but the only amendment (containing categorical <br />exclusions) was made 15 years ago. We suggest that our offices collaborate in the near future to assess the <br />continuing usefulness of the MOU and the possibility of terminating the MOU and creating a Programmatic <br />Agreement or several Programmatic Agreements tailored to the specific needs of the various resource types <br />managed by your office. <br />This technical revision will reconstruct a stock pond on the Goforth property which existed prior to mining. The <br />pond will be reconstructed within the area of currently approved for disturbance. A search of the Colorado Cultural <br />Resource Inventory Database indicates that I cultural resource inventory has been conducted in the vicinity of the <br />proposed area, and I I cultural resources which have not been evaluated for listing to the National Register of <br />Historic Places have been recorded therein. Our files contain incomplete information for this area and there is the <br />possibility that as yet unidentified cultural resources exist within the proposed permit area <br />If the proposed mining plan revision involves Federal oversight please note that it is the responsibility of the Federal <br />agencies involved to comply with Section 106 of the National Historic Preservation Act as set forth in 36 CFR Part <br />800 ("Protection of Historic Properties"). This includes the identification of any historic properties within the area <br />of potential effects and determining whether the undertaking will have an effect upon such properties. The State <br />Historic Preservation Office, Native American tribes, representatives of local governments, and applicants for <br />Federal permits, licenses or other approval are entitled to consultative roles in this process <br />Thank you for the opportunity to comment. If we may be of further assistance, please contact Lindsay Johansson, <br />Section 106 Compliance Manager, at (303) 866-4678 or lmdsay johanssonfa,tate.co.u,. <br />Sincerely, <br />eve Turne` res, A <br />State Historic Officer <br />OFFICE OF ARCHAEOLOGY AND HISTORIC PRESERVATION <br />303.866.3392 - I�ar: 303.866.2711 - F -mail: oahp o'statc.co.us - Website: hi;torvcoIorado.crrk <br />COLORADO •'SOCIETY <br />