1 Kelly, Shaheerah

From: Dwight Mallory <Dmallory@resoluteenergy.com>

Sent: Monday, June 15, 2015 3:28 PM

To: Kelly, Shaheerah Subject: FW: RE: The McElmo Flare Project

Attachments: removed.txt

Shaheerah,

I didn’t catch Rena in the office this afternoon, but did trade emails with her. Based on the exchange below, I think we’re close to having a draft report ready. I will let you know for sure when I hear back from her.

The linked image cannot be displayed. The file may have been moved, renamed, or deleted. Verify that the link points to the co rrect file and location. 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: Monday, June 15, 2015 2:54 PM

To: 'Saanii' Subject: RE: RE: The McElmo Flare Project

Rena,

Your timing is good. I was going to call you this afternoon to see how this was comi ng along. I would like to review the draft report before you send the fina l version. How soon will you have a draft ready?

The report will go to the contact below.

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

Dwight E. Mallory Environmental/Regulatory Manager Resolute Energy Corporation 1700 Lincoln Street, Suite 2800 Denver, CO 80203
Direct: 303-573-4886 X 11652 From: Saanii [ mailto:dinetahdoo@yahoo.com ]
Sent: Monday, June 15, 2015 2:34 PM

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

Hello Dwight,

Can you send us the address and the person who shoul d get the report at the USEPA for the report?

Thank you, 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: Wednesday, May 27, 2015 4:03 PM Subject: RE: RE: The McElmo Flare Project

Thanks for the update Rena.

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, May 27, 2015 4:00 PM

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

Hi Dwight,

Funny you wrote because we just, today got a verbal ok to st art but took a drive out there to view the IUSs last week and Jeremy stopped by to talk with Mike Hill regarding the facil ity. The NNHPD is understaffed and they had not even reached our request for the addendum; she sa id she will send out the letter next week but we can
start in the field.

The McElmo Creek facility is considered an IUS too so, we have a head start. The guys will be out in full force the rest of the week and mostly likely Monday through Wednesday.3 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: Wednesday, May 27, 2015 3:42 PM Subject: RE: RE: The McElmo Flare Project

Have you heard anything more from HPD?

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, May 13, 2015 4:52 PM

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

We cannot start until we get an addendum approval letter. Rena

Sent from Yahoo Mail on Android

From :"Dwight Mallory" < Dmallory@resoluteenergy.com > Date :Wed, May 13, 2015 at 4:49 PM Subject :RE: The McElmo Flare Project

Thanks Rena. What’s your best guess on how long it will take to get a draft report finished.

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, May 13, 2015 11:31 AM4 To: Dwight Mallory Subject: Re: The McElmo Flare Project

Good morning Dwight,

I am just letting you know that we have asked for an a ddendum permit for the Flare Project. Tamara Billie of

N NHPD thought it might be best to keep the projects together rather than issuing a new permit number. It will
have a new DCRM # for identification.

We will get to WR for our lit-search as soon as we receive our acceptance letter for this part of the work meanwhile we are getti ng forms ready and such.

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: Wednesday, May 6, 2015 5:22 PM Subject: RE: The McElmo Flare Project

Thanks Rena, Go ahead and start pulling this togeth er. How long do you think it will take to finish and complete the report?

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

-------- Original message -------- From: Saanii < dinetahdoo@yahoo.com > Date: 05/06/2015 3:52 PM (GMT-06:00) To: Dwight Mallory < Dmallory@resoluteenergy.com > Subject: Re: The McElmo Flare Project

Hi Dwight,

Attached is the revised cost for the Class 1 Literature Search of the 52 arch-sites and 5-7 homes w/in the 2+
mile radius of the McElmo flare. We are not reassessing, just doing a count and listing previous evaluations of
the documented sites.

Ok, lets see what happens now, Rena

Dinetahdoo Cultural Resour ces Management, LLC P.O. Box 2012, Farmington NM 874995 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: Friday, May 1, 2015 3:39 PM Subject: RE: The McElmo Flare Project

Thanks Rena. I didn’t mean for the SOW I attached to be overly prescriptive. I’m sure there are details regarding the evaluation/listing of the in-use sites that I missed or don’t qu ite understand. I’ll leave the a ppropriate method of looking at the in-use sites and listing them or not up to 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: Saanii [ mailto:dinetahdoo@yahoo.com ]
Sent: Friday, May 01, 2015 2:57 PM

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

Hi Dwight,

Ok, this sounds relatively easy. I can redo the budget but, I will tell you right now when the staff looked at some of these reports there were missing site forms and site ma ps. My immediate response is that all of the previously recorded sites are most likely listed as eligible histor ic properties but, I could be wrong and we may find that some of the sites may have been recorded as not mee ting the eligibility requirements for eligibility to be

p rotected under the NHPA. Also, the NNHPD normally doe s not allow evaluation of In-use sites although they have to be counted and listed with dates of occupa tion. NNHPD asks that archaeol ogists interview the families for any recommendations of sensitive features that maybe located in the In-use site s and dates of occupation.

I will revise the cost estimate again next week. Maybe we can get this on the move.

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.com6 From: Dwight Mallory < Dmallory@resoluteenergy.com > To: 'Saanii' < dinetahdoo@yahoo.com > Sent: Friday, May 1, 2015 1:37 PM Subject: RE: The McElmo Flare Project

Rena,

I did have a lengthy discussion with Shaheerah Kelley at EPA in an attempt to better understand what EPA needs to move forward with this. After talking with Shaheerah, I think the Sc ope of Work you put together for me is more extensive than what we need for this undertaking. The goal of this project is not to obtain a Cultural Resources Compliance Form from

N avajo Nation HPD, but simply to provide U.S. EPA with a lis ting of “historic properties” that are located within the 2 km APE. After that, it is EPA’s responsibility to consult with the Navajo Nation HPD and determine what additional
information or action is needed.

The current SOW states that the “project will consist of completing relocations and r eassessments of 52 previously recorded archeological sites.” EPA simp ly needs a report that identifies “his toric properties”, as defined at 36 CFR 800.16(l), that are within the 2 km APE. Since there is no new surface disturbance authorized by EPA’s permit action, EPA doesn’t need the existing sites relocat ed, they just need to kn ow, based on the already available information, which sites qualify as “historic properties” under the NHPA. Only tho se sites that do qualify should be addressed in the report.

The only field work that is necessary at this point is a review of the Navajo In-use sites that are located in the 2 km APE to determine if any of those are eligible for listing as “histo ric properties”. Again, only those sites that qualify as “histor ic

p roperties” under the NHPA should be addressed in the report.

Shaheerah also noted that Section B.3 (Report Preparation) sa ys that the report will be submitted directly to the Navajo

N ation HPD. However, since the report is for a federal perm it and EPA is the acting agency, the final report should be

su b mitted to EPA. It is EPA’s responsibilit y to consult with the Navajo Nation HPD under the NHPA and determine what, if any, impact the undertaking will have and how to address those impacts.

I apologize for all of the back and forth, but this is an unfamili ar requirement for me and I need to make sure that we were headed in the right direction with EPA since this is being done to satisfy thei r consultation requirements.

I have attached a draft Scope of Work to clarify what needs to be done.

Please let me know this is still something you can help us with and, if so, what the revised cost/timeline will look like.

Please feel free to call me to discuss. I will be travelling next week, but am available by cell.

Dwight E. Mallory Environmental/Regulatory Manager Resolute Energy Corporation 1700 Lincoln Street, Suite 2800 Denver, CO 80203
Direct: 303-573-4886 X 1165
Cell: 970-302-8620

From: Saanii [ mailto:dinetahdoo@yahoo.com ]
Sent: Friday, May 01, 2015 9:34 AM
To: Dwight Mallory Subject: Re: The McElmo Flare Project7 Good morning Dwight,

I am wondering if you had any issues or discussi ons about the SOW we se nt in? 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.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) 960-97498 Email dinetahdoo@yahoo.com
Website: www.dinetahdoo.com

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,9 b. A description and map of the APE, 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. Mallory Environmental/Regulatory Manager Resolute Energy Corporation10 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.