UNITED STATES ENVIRONMENTAL PROTECTION AGENCY 

REGION IX 

75 Hawthorne Street 

San Francisco, CA 94105 

September 30, 2015 

Terry Knight, NAGPRA RepresentativeffHPO 

Ute Mountain Reservation 

Historic Preservation Office 

P.O. Box468 

Towaoc, CO 81334 

Subject: National Historic Preservation Act Section 106 Consultation - McElmo 

Creek Unit Oil Production Facility, San Juan County, Utah 

Dear Mr. Knight: 

In accordance with Section 106 of the National Historic Preservation Act (NHP A) and its 

implementing regulations, 36 CFR Part 800, we are providing information for your review and 

concurrence regarding the project referred to in the paragraph below. EPA is the lead federal 

agency for the issuance of an amended Prevention of Significant Deterioration (PSD) air quality 

permit in the Navajo Nation Reservation. We have made a finding of "No Historic Properties 

Affected" for this undertaking pursuant to 36 CFR 800.4(d)(l). 

The United States Environmental Protection Agency, Region 9 (EPA) is reviewing an 

application for the issuance of an amended PSD air quality permit, in accordance with the Clean 

Air Act and the PSD air quality regulations (40 CFR 52.21), for the gas flare (called the "Main 

Flare") at the McElmo Creek Unit Oil Production Facility (MCU Facility), an existing oil and 

gas production operation. Other than the potential replacement of an existing fan to provide 

better pollution control at the Main Flare, EPA' s issuance of the amended PSD permit does not 

authorize any new construction or modification of existing equipment at the MCU Facility. 

Additionally, EPA is amending the permit to remove certain equipment, and the applicable 

permit requirements that apply because this equipment has been shut down and removed from 

the site. 

In consultation with the Navajo Nation Historic Preservation Department, the area of potential 

effects (APE) for this project consists of an area within a 2 km (1.2 miles) radius around the 

Main Flare. Resolute Natural Resources, LLC, contracted with Dinetahd66 Cultural Resources 

Management (DCRM) to conduct an assessment to identify historic properties within the APE (2 

km around the Main Flare). Resolute provided DCRM's final assessment of historic properties 

to EPA on September 2, 2015 (September 2015 DCRM Report enclosed). 
Based on all of the information provided and after careful review and analysis, EPA has 

determined that issuance of the amended PSD Permit for the Main Flare yvill have no effect upon 

historic properties within the APE. 

EPA requests that you review the enclosed Project Description Summary and concur on 04r 

determination that no historic properties will be affected by EPA' s undertaking. Please inform 

us within 30 days if you concur with our proposed determination. If you do not reply within this 

30 day review period, EPA will consider the lack of reply to be Ute Mountain Reservation 

Histori~ Preservation Office agreement with the determination. 

If you have any questions or need further information, please contact Shaheerah Kelly at 

(415) 947-4156. Thank you for your assistance and consideration in this matter. 

Enclosures: 

Sincerely, 

Gerardo 

~ C. Rios 

Chief, Air Permits Office 

Air Division 

1. National Historic Preservation Act Section 106 Consultation, Project Description 

Summary, McElmo Creek Unit Oil Production Facility, Proposed Amended Clean Air 

Act Prevention of Significant Deterioration Permit, PSD Permit No. NU 05-01; United 

States Environmental Protection Agency, Region 9; September 30, 2015 

2. An NHPA Assessment of Historic Properties within a 2-Kilometer APE of the McElmo 

Creek Unit Main Flare in San Juan County, Utah, for Resolute Natural Resources 

Company, LLC; Dinetahd66 Cultural Resources Management; September 2, 2015 

cc: Patrick Flynn, Resolute Natural Resources 

Dwight Mallory, Resolute Natural Resources 

Rena Martin, Dinetahd66 Cultural Resources Management 

2