2022-11-07_REVISION - C1981010 (3)

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KC116 �. History Colorado Robin A. Reilley, GISP Environmental Protection Specialist Division of Reclamation, Mining, and Safety 1313 Sherman Street, Room 215 Denver, CO 80203 RE: Trapper Mine (Permit No. C-1981-010)Permit Revision Application No. 11 (PR-11)PR-II 5-Year Mine Plan Update (HC4 67393) Dear Ms. Reilley, Thank you for your correspondence received by our office on October 28,2022 initiating consultation for the above referenced undertaking under Section 106 of the National Historic Preservation Act(NHPA) and its implementing regulations 36 CFR 800. We note that in accordance with the 1991 Memorandum of Understanding (MOU)between our agencies, because the technical revision may incorporate additional lands into the permit area or might otherwise alter previously approved permit conditions or mitigation measures, concurrence between our agencies is required due to the potential for impacts to cultural resources. The provided documentation notes that the proposed undertaking would result in additional surface disturbance outside of the area currently approved for disturbance. An initial review of our records shows that,while portions of the area of potential effect(APE)have previously been inventoried, a high frequency of the area has not been inventoried in over 30 years. These inventories do not meet current standards. Our records also show that previous research has shown a high potential for the area to contain previously unidentified cultural remains. In particular,two inventories completed in the surrounding area in 2020 resulted in the identification of a relative high frequency of previously unidentified cultural resources that include at least three historic properties. The APE has the potential to contain previously unidentified cultural resources including archaeological remains and the undertaking has the potential to affect these types of cultural resources. For the reasons discussed previously,it is our recommendation that a class III cultural resource inventory be completed by a cultural resource specialist who meets the Secretary of the Interior's Standards prior to construction activities to determine the presence of previously unidentified cultural resources within the project location. The cultural resource specialist should also assess the eligibility of the resources for the National Register of Historic Places and assess the undertaking's potential effects to these resources. This level of effort is recommended in accordance with 36 CFR 800.4(b)(1). Upon completion of the appropriate identification efforts,our office should be provided with the results of the cultural resource inventory for review of professional adequacy and compliance with regulations,as well as to evaluate the appropriateness of the recommended effect finding. We look forward to continuing consultation for the subject undertaking. We request being involved in the consultation process with the local government,which as stipulated in 36 CFR 800.3 is required to be notified of the undertaking, and with other consulting parties. Additional information provided by the local government or consulting parties might cause our office to re-evaluate our eligibility and potential effect findings. Please note that our compliance letter does not end the 30-day review period provided to other consulting parties.