1 Kelly, Shaheerah

From: Dwight Mallory <Dmallory@resoluteenergy.com>

Sent: Thursday, April 23, 2015 3:14 PM

To: Kelly, Shaheerah

Cc: Patrick Flynn Subject: FW: RE: The McElmo Flare Project

Attachments: 2nd SOW.docx; 2015 Resolute Site ReA.pdf

Shaheerah,

I know you said we could go ahead with the NHPA complian ce assessment based on the previous emails, but I wanted to pass this along now that I have a mo re formal scope of work and cost estimate.

Please have your NHPA expert make su re this is going to work before we head down the wrong path again.

Dwight E. Mallory Environmental/Regulatory Manager Resolute Energy Corporation 1700 Lincoln Street, Suite 2800 Denver, CO 80203

Direct: 303-573-4886 X 1165

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

Sent: Wednesday, April 22, 2015 3:02 PM

To: Dwight Mallory Subject: Re: RE: The McElmo Flare Project

Dwight,

Attached is a revised SOW and a cost estimate for the reassessment a nd evaluations of the 52 previously recorded sites and 5-7 Navajo residential areas. Please note that the 52 archaeological sites seem have been

recorded since the mid 1980s so we know the sites will ha ve to totally re-recorded because of weathering ans

such. Also most of these sites were recorded before we had GPS units. Site size and locational information will most likely change.

We will wait on your review. Rena

Dinetahdoo Cultural Resour ces 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

From: Dwight Mallory < Dmallory@resoluteenergy.com >
To: Saanii < dinetahdoo@yahoo.com >2 Sent: Tuesday, April 21, 2015 6:23 PM Subject: RE: RE: The McElmo Flare Project

That sounds good.

Sent via the Samsung GALAXY S® 4, an AT&T 4G LTE smartphone

-------- Original message -------- From: Saanii < dinetahdoo@yahoo.com > Date:04/21/2015 1:47 PM (GMT-07:00) To: Dwight Mallory < Dmallory@resoluteenergy.com >
Cc:

Subject: Re: RE: The McElmo Flare Project

Hi Dwight, The staff found 52 previously recorded sites on the ma ps at NNHPD. We are workin g on the SOW revision and cost estimate for this project.

Rena

Sent from Yahoo Mail on Android

From :"Dwight Mallory" < Dmallory@resoluteenergy.com >
Date :Mon, Apr 13, 2015 at 2:49 PM Subject :RE: The McElmo Flare Project

I do need to get a cost estimate before you start.

Dwight E. Mallory Environmental/Regulatory Manager Resolute Energy Corporation 1700 Lincoln Street, Suite 2800 Denver, CO 80203

Direct: 303-573-4886 X 1165

From: Saanii [ mailto:dinetahdoo@yahoo.com ]
Sent: Monday, April 13, 2015 2:28 PM

To: Dwight Mallory Subject: Re: The McElmo Flare Project

Good afternoon Dwight,

When do you want us to start on this phase of work? We only looked at one map in Window Rock and did not look at the second map but I am sure th ere are under 30 sites previ ously recorded that we would revisit. We also have to pull any of the site forms/maps from the NNHPD files for update and/or reassessment/evaluations.

DCRM staff members travel to Window each week to search records and copy all of the known site forms near and in project areas. We can complete this pr ocess as soon as you give us notice to proceed.3 Thanks, Rena

Dinetahdoo Cultural Resour ces 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

From: Dwight Mallory < Dmallory@resoluteenergy.com > To: 'Saanii' < dinetahdoo@yahoo.com > Sent: Monday, April 13, 2015 11:53 AM Subject: RE: The McElmo Flare Project

Rena,

I have received approval from EPA to move forward with the scope of work as outlined in the attached email.

Dwight E. Mallory Environmental/Regulatory Manager Resolute Energy Corporation 1700 Lincoln Street, Suite 2800 Denver, CO 80203

Direct: 303-573-4886 X 1165

From: Saanii [ mailto:dinetahdoo@yahoo.com ]
Sent: Monday, April 06, 2015 11:54 AM

To: Dwight Mallory Subject: Re: The McElmo Flare Project

Good morning Dwight,

While we were in Window Rock last week, the staff t ook a look at the USGS map th at overs the McElmo Flare

p roject and counted a minimum of 21 previously inventoried archaeological sites in the new 2 mile radius

p roject area, and goggle earth shows at least 8 in-use homes too. So we have some idea how much work to expect when Resolute, USEPA and the NN agree to the next step of work for the flare.

We can do a cost estimate when everyone is in agreement perhaps, we are done?

Rena Martin

Dinetahdoo Cultural Resour ces 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.com4 This e-mail message and any attachments are for the sole use of the intended recipient(s) and may contain confidential, privile ged, and proprietary information of Resolute Energy Corporation. Any unauthorized review, use, disclosure or distribution may be prohibi ted under law. If you are not the intended recipient, please contact the sender by reply E-mail of any erroneous transmission, and destroy the original E-mail, any attach ments, and all copies of the original message. Thank you.

Mr. Begay,

I am following up on our conversation this afternoon to confirm that the scope of work outlined in the email below will satisfy NNHPD’s consultation requirements with respect to the MCU PSD permit amendment.

Please respond to let me know if this is a correct interpretation of what needs to be done.

Dwight E. Mallory Environmental/Regulatory Manager Resolute Energy Corporation 1700 Lincoln Street, Suite 2800 Denver, CO 80203

Direct: 303-573-4886 X 1165

From: Dwight Mallory

Sent: Thursday, February 26, 2015 11:51 AM

To: 'timothy_begay@yahoo.com'

Cc: Patrick Flynn; 'Saanii'; Kelly, Shaheerah Subject: FW: NHPA Compliance / Area of Potential Effects for MCU Project

Mr. Begay,

I wanted to follow up our conversation on Tuesday regard ing NHPA compliance and Tribal Consultation for the MCU PSD permit amendment. I am copying Shaheerah Kelley at EPA Region 9, as well as Rena Martin at Dinetahdoo Cultural Resources Management, LLC (DCRM) to help make sure we ar e on the same page regarding what needs to be done to satisfy the NHPA compliance requirements for this undertaking. I invite either of them to respond with questions or comments in case I have overlooked any details.

When we spoke, you agreed that a pedestrian survey of the APE won’t be necessary since there is not any land clearing or other surface disturbing work being done as part of the PSD permit amendment. Based on our conversation, I am

p roposing the scope of work outlined below to complete the NHPA/Tribal Consultation assessment.

1) Review NNHPD files and identify previously recorded sites within the APE that qualify as historic properties as defined in 36 CFR Part 800; 2) Review residential home sites within the APE and dete rmine if any of these sites qualify as historic properties as defined in 36 CFR Part 800; 3) Assess the potential for adverse effects to each historic property identified within the APE, including visual, atmospheric or audible effects, that may diminish the integrity or use of the historic property; 4) Assess options for avoiding, minimizing or mitiga ting adverse effects on identified historic properties; 5) Prepare an assessment report in accordance with Navajo Nation and 36 CFR Part 800 Rules and Regulations. The report will include: a. A description of the undertaking, b. A description and map of the APE,5 c. A list or table of historic properties within the APE; d. A list or table of potential adverse effects and measures available for avoiding, minimizing or mitigating the adverse effects.

Please let me know if this is a correct interpretation of what we discussed or if there are other requirements. Once you

have confirmed that we are headed in the ri ght direction, I will direct DCRM to begin.

Thank you.

Dwight E. Mallory Environmental/Regulatory Manager Resolute Energy Corporation 1700 Lincoln Street, Suite 2800 Denver, CO 80203

Direct: 303-573-4886 X 1165

From: Kelly, Shaheerah [ mailto:Kelly.Shaheerah@epa.gov ]
Sent: Thursday, February 19, 2015 2:47 PM

To: Dwight Mallory

Cc: Patrick Flynn Subject: RE: NHPA Compliance / Area of Potential Effects for MCU Project

Dwight,

I am providing the contact info below for the THPO we worked with (since there ar e other staff in the HPO):

Timothy Begay

928-871-7152 Timothy_begay@yahoo.com

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

From: Dwight Mallory [ mailto:Dmallory@resoluteenergy.com ]
Sent: Thursday, February 19, 2015 1:44 PM

To: Kelly, Shaheerah

Cc: Patrick Flynn Subject: RE: NHPA Compliance / Area of Potential Effects for MCU Project

Thank you Shaheerah.

I have asked Rena Martin to put together a revised scope of work for completing the inventory and will get you a copy before they start the field work. As you can see from the a ttached map, the 2 km APE will be entirely of the Navajo Reservation, within the Aneth Chapter.

Dwight E. Mallory6 Environmental/Regulatory Manager Resolute Energy Corporation 1700 Lincoln Street, Suite 2800 Denver, CO 80203

Direct: 303-573-4886 X 1165

From: Kelly, Shaheerah [ mailto:Kelly.Shaheerah@epa.gov ]
Sent: Thursday, February 19, 2015 7:25 AM

To: Dwight Mallory

Cc: Patrick Flynn; Kelly, Shaheerah Subject: NHPA Compliance / Area of Potential Effects for MCU Project

Dwight,

EPA spoke to the THPO yesterday concerning the area of pot ential effects (APE) for the MCU Main Flare. The EPA and THPO agreed that the APE for this project should be a 2 km (1.2 mi) radius around the Main Flare. The THPO recommended that the assessment of historic properties within the APE also identify residential homes and determine whether these homes are historic properties as defined in 36 CFR Part 800. In general, the assessment must include the information delineated in 36 CFR 800.4 and 800.5 (e.g. identif y the APE and the historic properties potentially affected by the undertaking; if there are historic properties, assess the undertaking’s effects on these properties including any visual, atmospheric or audible elements that diminish the inte grity of historic properties with in the APE, and, if needed, seek ways to avoid, minimize or mitigate an y adverse effects on historic properties).

Please contact me if you have any questions.

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

This e-mail message and any attachments are for the sole use of the intended recipient(s) and may contain confidential, privile ged, and proprietary information of Resolute Energy Corporation. Any unauthorized review, use, disclosure or distribution may be prohibi ted under law. If you are not the intended recipient, please contact the sender by reply E-mail of any erroneous transmission, and destroy the original E-mail, any attach ments, and all copies of the original message. Thank you.A Reassessment of 52 Previously Recorded Cultural Resources

Located Within 2

- Kilometers of Resolute Natural Resources Company ’s McElmo Creek Unit Central Facility “Flare .”

Goal This project will consist of completing relocation s and reassessments of 52 previously recorded archaeological sites and co mplet ing visitations to the residential areas to determine if any of the

structures in the residential areas are or can be defined as historic properties. As per the Navajo Nation

Historic Preservation Department, the sites will be reassessed with the use of the Navajo Nation Archaeology Department Site Survey and Management Update Form s

. Some 52 archaeological sites and possibly 5 or 7 Navajo In

- use sites are located in the 2 kilometer area surround ing the “flare” stack located at the Resolute Natural Resources McElmo Creek Unit Central Facility

. The goal is to determine

if the “flare” is potentially affecting any of the previously recorded historic properties including visual, atmospheric or audible ele ments that diminish the integrity of the historic properties, and to make recommendations to avoid, minimize or mitigate any adverse effects on historic properties.

Scope of Work

A literature search will be completed for the 52 previously recorded archaeological sites recorded within

2 kilomet er s of the “flare” at the Navajo Nation Historic Preservation Department. Dinétahdóó Cultural Resources Management (DCRM) will meet the general requirements of Section 106 of the National Preservation Act (NHPA ) and the Navajo Nation Cultural Resources Protection Act (NNCRPA) to determine if the 20 year old burning “Flare” will have impacts to any of the previously recorded sites in

the 2

- kilometer diameter area.

DCRM will complete the following tasks:

A. Pre

- fi eld and Field Tasks

1. Obtain a project Permit Number from the Navajo Nation Historic Preservation Department’s (NNHPD) Cultural Resources Compliance Section,

2. Complete an extensive literature search in the NNHPD’s Cultural Resources Compliance Program and Tr aditional Culture Program s in Window Rock

. 3. Conduct consultations with the Aneth Chapter regarding this phase of work.

4. Make a good faith effort to locate each of the 52 previously recorded sites in field using a

hand

- held GPS and site literature

. 5. Us ing the original site forms , record and document the changes o f the site on the “ up

- date

forms ” and complete new site maps as needed

. 6. On a site by site bas i s, evaluate the condition of the reloc ated site’s integrity and document any visual or atmospheric or au ditory elements impact to the site’s eligibility to the NHPA.

7. As needed, make management recommendations for each of the sites.

8. Update all locational information for the relocated sites and plot the sites on 7.5’ USGS Maps.

9. Conduct visitations with fami lies living within the Area of Potential Effect area to determine if any of their residential structures are eligible as historic properties.

10. Maintain ethnographic field notes that will be turned into NNHPD upon the completion of

work.

B. Reporting

1. Prepare a cultural resources inventory findings report in accordance with Navajo Nation and CFR Rules and Regulations. The report will include

 A description of the undertaking, complete with project and site maps.

 Descriptions of all previously identified archaeological sites , including project

maps, any new update s and original s complete with evaluations of significance, and site management recommendations.2. Submit to Resolute Natural Resources Company, Inc and/or the U.S. Environmental Protection Agency, R egion 9 a draft copy(ies) of completed report for review and,

3. Submit a final report for compliance review to NNHPD on behalf of Resolute Natural Resources Company, Inc. to obtain a Cultural Resources Compliance Form.

Professional Staff

All of DCRM’s S enior Archaeologist s /Anthropologist s who will be completing this Scope of Work have extensive professional and technical skills and are capable of completing several types of services, including compl eting the literature search of the NNHPD files, completing

, cultural resources inventor ies, site reassessment and evaluation, monitoring and completing ethnographic studies as required

.

Timeframe

A. Pre

- field and Field Tasks

1. Project Permit Number will be obtained from the NNHPD’s CRCP upon Notice to Proc eed (NTP) from Resolute Natural Resources.

2. Literature Search will begin as soon as we have a project permit and we have

NTP from Resolute Natural Resources Company, LLC . This task is expected to last 2 day s

. 3. The Aneth Chapter will be notified of the project prior to any fieldwork.

4. Field work to relocate and reassess and evaluate sites within the 2 km area.

5. Visitation with the families living within the APF.

6. Tasks 3, 4 and 5 are expected to last three to four weeks (or less).

Total weeks: 3 to 4 Weeks to complete Part A, several of these tasks will be completed simultaneously. Two 2

- person crews will be used to relocate and reassess the cultural sites. Up to 4 sites could be reassessed a day. One full day maybe required for the reassessment of two large archaeological sites.

B. Report Preparation

1. Report preparation will be on

- going with staff updat ing s ite information . This task will take 3 to 4 weeks dependent on the amount of data we gather. The report will be prepared

followi ng the NNHPD guidelines.

2. Review of Report by US EPA and Resolute Natural Resources Company, 1 week,

3. Submission of Report to NNHPD for compliance review immediately. Compliance Review normally takes about 45 Days.

Total weeks: 3 to 4 Weeks to complete Part B.

6 to 8 Weeks is estimated for this project

.

# Estimate

Date

4/22/2015 Estimate #

2015-22

Name / Address

Resolute Natural Resources c/o: Dwight E. Mallory, Envrio/Reg Man 1700 Lincoln Street, Suite 2800 Denver, Colorado 80203 Dinetahdoo CRM

P.O. Box 2012 Farmington, NM 87499

Project

Ahe'hee, Rena Martin 

## Total Description Qty Cost Total

* Resolute Natural Resources McElmo Creek Flare 2-mile Radius 52 Previously Recorded Sites/7 In-use Sites

Admin. 20 40.00 800.00 Editing 28 45.00 1,260.00 Literature & Map Search 24 55.00 1,320.00 Fieldwork: relocating sites, completing updates/analysis 380 55.00 20,900.00 Report/Map Production 160 55.00 8,800.00

Honoraria 7 50.00 350.00 Hand-held GPS Daily Use 18 20.00 360.00 Mileage for Non-tribal 4,800 0.659 3,163.20 Photocopying: $200.00 per X-Lg proj. (75 pgs or more) 1 200.00 200.00 Tele/Fax/Postage: $100.00 per Lg proj. (29-74 pgs) 1 100.00 100.00 Navajo Nation Historic Preservation Fee 578.90 578.90 Navajo Nation Tax @ 0.05% 1,654.00 1,654.00

$39,486.10