Laserfiche WebLink
' r <br /> €c OFFICE of ARCHAEOLOGY and HISTORIC PRESERVATION <br /> Leigh D. Simmons 7 <br /> Environmental Protection Specialist ��Y 1 2019 <br /> Division of Reclamation, Mining, and Safety MAY 2 0 2019 <br /> Department of Natural Resources <br /> 1313 Sherman Street, Room 215 DIVISN"" -r rECLAMATION <br /> Denver, Colorado 80203 AND SAFETY <br /> Re: West Elk Mine (Permit No. C-1980-007), Technical Revision No. 147, Construction of 81 B-Seam <br /> Mine Ventilation Boreholes, Pads, and Roads(HC468249) <br /> Dear M. Simmons: <br /> Thank you for your correspondence dated f May 2019 and received by our office on 6 May 2019 <br /> regarding the review of the above referenced project under Section 106 of the National Historic <br /> Preservation Act. <br /> After review of the documentation provided, we note that in accordance with the 1991 Memorandum of <br /> Understanding(MOU) between our agencies, because the technical revision may incorporate additional <br /> lands into the permit area or might otherwise alter previously approved permit conditions or mitigation <br /> measures, concurrence between our agencies is required due to the potential for impacts to cultural and/or <br /> historic resources. After review of the MOU, we note that not only was it signed 27 years ago, but the <br /> only amendment(containing categorical exclusions)was made 15 years ago. We suggest that our offices <br /> collaborate in the near future to assess the continuing usefulness of the MOU and the possibility of <br /> terminating the MOU and creating a Programmatic Agreement or several Programmatic Agreements <br /> tailored to the specific needs of the various resource types managed by your office. <br /> After review of the documentation provided, we note that this technical revision will incorporate <br /> additional surface disturbance outside of the area currently approved for disturbance and will impact, at <br /> minimum,43 acres of surface managed by the USDA Forest Service Grand Mesa, Uncompahgre, and <br /> Gunnison National Forest. Because the technical revision application may incorporate additional lands <br /> into the permit area or might otherwise alter previously approved permit conditions or mitigation <br /> measures, impacts to cultural and historic resources must be evaluated. <br /> A search of the Colorado Cultural Resource Inventory Database indicates that at least 86 cultural resource <br /> inventories have been conducted in the vicinity of the proposed area to be added to the existing permit, <br /> and at least 42 cultural resources have been recorded therein. Our files contain incomplete information <br /> for this area and there is the possibility that as yet unidentified cultural resources exist within the <br /> proposed permit area. We request the opportunity, to review the results of a cultural resource survey for all <br /> areas within the proposed technical revision prior to commenting on the recommended effect finding for <br /> this undertaking. <br /> We request being involved in the consultation process with the local government, which as stipulated in <br /> 36 CFR 800.3 is required to be notified of the undertaking, and with other consulting parties. Additional <br /> information provided by the local government or consulting parties might cause our office to re-evaluate <br /> our eligibility and potential effect findings. Please note that our compliance letter does not end the 30-daN <br /> review period provided to other consulting parties. . <br /> OFFICE OF ARCHAEOLOGY AND HISTORIC PRESERVATION <br /> 303.866.3392-Far: 303.866.2711 -E-mail- oahpra?state corns-Website' <br /> COLORADO • ' SOCIETY <br />