1

Kelly, Shaheerah

From: Saanii <dinetahdoo@yahoo.com>

Sent: Friday, February 06, 2015 3:13 PM

To: Kelly, Shaheerah

Subject: RE: Report for McElmo Flare

Hi again Shaheerah,

Thank you for your comments. I will call you after my message to clarify any confusion.

Comment 1. This would not be an issue to change but I would have to consult with the Navajo Nation Historic

Preservation Department's (NNHPD) Traditional Cultural Program (TCP) regarding any information about traditional

cultural properties (TCPs) in a public report. The NNHPD's TCP has contractors make a report like this one as a

confidential appendix to an archaeological report. So, this would be an easy fix if we do additional inventory for

archaeological resources. The reports are usually split with the archaeological report being filed in the cultural resources

files and the TCP report in the NNHPD's TCP files. This would mean we not only complete a pedestrian survey for

archaeological sites but also TCPs.

Comment 2. I understand about Section 106 and its relation to historic properties but, plants are considered TCPs which

are protected under the NHPA. This is taken even more seriously on the Navajo Nation because not only are plant gather

areas protected by federal laws they are also protected by the Navajo Nation's Cultural Resources Protection Act. While

the NNHPD agreed to allowing us to do only the ethngraphic work for this scope of work. We did not do any on the

ground work to identify any plant (or other resources) gathering area. Large scale projects normally call for a scope of

work that includes identification of archaeological properties and TCPs/unidentied graves. I think what threw everyone

off was the issue that this was an air‐quality project. The question will still remain of how air‐quality affects

archaeological propteries right? I haven't come across many research on this subject. I agree perhaps we can do an on

the ground inventory but  in a smaller area‐‐much smaller than the 50km.   

Comment 3. The hot climate seems to be having an adverse affect on the plants people gather. In this case we allow the

interviewees to state their concerns about their gather areas. I guess we should have stated that the heat from the flare

seems to having an adverse affect on the natural resources the local community relies on for traditional lifeways. Again,

the lack of studies on this type of impact on a community is rare if any. Community members always have this

comment..."... the federal government and our government (NN) seems to care more for the Anaasazi and then us..."  

Let us talk some more,

I am in the office.    

Rena  

Dinetahdoo Cultural Resources Management, LLC P.O. Box 2012, Farmington NM 87499

10076 US Hwy 371, S of Farmington, NM

Phone (505) 960‐9478Fax (505) 960‐9749

Email dinetahdoo@yahoo.com

Website: www.dinetahdoo.com

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On Fri, 2/6/15, Kelly, Shaheerah <Kelly.Shaheerah@epa.gov> wrote:

Subject: RE: Report for McElmo Flare
2

To: "Saanii" <dinetahdoo@yahoo.com>

Date: Friday, February 6, 2015, 2:18 PM

  

Rena, thanks for the

opportunity to review and comment on the report. I apologize  for the delay in getting back to you. Below are my

comments  on the report. Feel free to contact me if you have any  questions or would like to discuss them. Thanks.

  

1. The first page states

"Confidential Report". Are you claiming the report  to be confidential business information (CBI)?  If so, and  the EPA

receives a Freedom of Information Act (FOIA) request  for the report, we will have to ask you to substantiate your  claim

of CBI.  EPA will review your substantiation and  determine if the report is CBI.  If it is determined to be  CBI, the EPA will

not release the report to the public; but  if EPA determines it is not CBI the document will be

released (barring the initiation of legal action).     

  

2. Pursuant to Section 106 of

the National Historic Preservation Act (NHPA), and its  implementing regulations at 36 CFR Part 800, prior to  approval

of the undertaking, EPA is required to take into  account the effects of its undertakings on historic  properties. Page 10 of

the draft report states  "Pursuant to consultations between the US EPA and  NNHPD, the Navajo Nation's Traditional

Cultural Program  decided to concentrate on the potential effects of this  undertaking on traditional lifeways and

traditional cultural  places within a 50 km radius of the main flare, and to  require consultation with traditional

practitioners who  perform cultural activities within this area radius."  

It also states "NNHPD decided not to require  consideration of archaeological resources within this 50 km  radius area

except for any that are also considered  traditional cultural places in the literature or the  interviews." There is a

question whether the radius is  appropriate given the nature and scope of the project. We  understand you have already

completed much field work on  traditional lifeways and traditional cultural places. We  would like to discuss whether a

smaller radius is more  appropriate (e.g. 1 km or 5 km) for evaluating potential  effects of the undertaking on historic

properties within the  smaller radius. If this is feasible, we would need to get  agreement from the parties involved (i.e.,

THPO, Resolute,  and EPA), and have this information included in the  report.

  

3. It is not clear

whether the recommendations on pages 18‐19 are adverse  impacts on historic properties. Is it your position that  there

will be adverse effects on historic properties? If  there are going to be adverse impacts on historic  properties, it will

likely necessitate the need for all of  the appropriate parties to enter into a memorandum of  agreement in order to

delineate the mitigation measures  which must be followed.  

  

4.

Part of the address (i.e., the city, state, and zip code)  for Resolute Energy Company is missing from the cover page  of

the report.

  

************************************

Shaheerah Kelly

Permits Office,

Air Division (AIR‐3)

U.S. Environmental

Protection Agency, Region 9

San Francisco,

CA 94105

Phone: 415‐947‐4156

Fax: 415‐947‐3579

Email: kelly.shaheerah@epa.gov

  

 ‐‐‐‐‐Original Message‐‐‐‐‐ 
3

From: Saanii [mailto:dinetahdoo@yahoo.com]

  

Sent: Friday, February 06, 2015 8:39 AM

To: Kelly, Shaheerah

Subject:

RE: Report for McElmo Flare

  

Shaheerah,

  

It

is always good to get a report off our desks so I am waiting  on you move. Resolute Natural Resources, LLC completed

their  review and basically the report is ready to be submitted to  the Navajo Nation Historic Preservation Department

for  complianre review.

  

Rena  

  

Dinetahdoo Cultural Resources

Management, LLC P.O. Box 2012, Farmington NM 87499

10076 US Hwy 371, S of Farmington, NM

Phone (505) 960‐9478Fax (505) 960‐9749

Email dinetahdoo@yahoo.com

Website: www.dinetahdoo.com

  

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On Thu, 2/5/15, Kelly, Shaheerah <Kelly.Shaheerah@epa.gov>

wrote:

  

  Subject: RE: Report

for McElmo Flare

  To: "Saanii"

<dinetahdoo@yahoo.com>

  Date: Thursday, February 5, 2015, 6:40 PM

   

  Rena,  

   

  I apologize for the delay and

  

will try to get back to you tomorrow on the report. Please  let me know if this is fine with you.

   

  Thanks.

   

  

************************************

  

Shaheerah Kelly

  Permits Office,

  Air Division (AIR‐3)

  U.S.

Environmental

  Protection Agency, Region

9

  San Francisco,
4

  CA

94105

  Phone: 415‐947‐4156

  

Fax: 415‐947‐3579

  Email: kelly.shaheerah@epa.gov

   

  ‐‐‐‐‐Original

Message‐‐‐‐‐ 

  From: Saanii [mailto:dinetahdoo@yahoo.com]

   

  Sent: Thursday, January 29,

2015 1:36 PM

  To: Kelly, Shaheerah

  Subject:

  Re: Report for

McElmo Flare

   

  Hello

Shaheerah,

   

  The report is

attached for your review. Please  add any names or  statements. As I have been telling you,  this was a very  interesting

project. We tried our best to  cover what the  NNHPD wanted. If you need to discuss anything  I am here at  the office

today and tomorrow.

   

  I will send you a copy of the

  

fieldnotes without the names shortly too.  

  

  

  Rena Martin

   

  Dinetahdoo Cultural Resources

  

Management, LLC P.O. Box 2012, Farmington NM 87499

  10076 US Hwy 371, S of Farmington, NM

  Phone (505) 960‐9478Fax (505) 960‐9749

  Email dinetahdoo@yahoo.com

  Website:

  

www.dinetahdoo.com