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 ofthe National Historic Preservation Act (NHP A) and its implementing regulations, 36 CFR Part 800, we are providing information for yourreview and concurrence regarding the projectreferred to in the paragraphbelow. EPA is the lead federal agency for the issuance ofan amended Prevention ofSignificant Deterioration (PSD) air quality permit in the Navajo Nation Reservation. Wehave 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 ofan 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 ofan existing fan to provide betterpollution control at the Main Flare, EPA's issuance ofthe amended PSD permit does not authorize any new construction or modification ofexisting 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 ofpotential effects (APE) for this project consists ofan 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 theAPE (2 km around the Main Flare). Resolute provided DCRM's final assessment ofhistoric properties to EPA on September 2, 2015 (September 2015 DCRM Report enclosed).Based on all ofthe information provided and after careful review and analysis, EPAhas determined that issuance ofthe amended PSD Permit for the Main Flare

### yvill have no effect upon historic properties within the APE.
EPA requests that you review the enclosed ProjectDescription Summary and concur on 04r determination that no historic properties will be affected by EPA's undertaking. Please inform us within 30 days ifyou concur with our proposed determination. Ifyou do not reply within this 30 day review period, EPA will considerthe lack ofreply to be Ute Mountain Reservation**Histori~** Preservation Office agreement with the determination. Ifyou have any questions orneed 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, AirPermits Office AirDivision

1. National Historic PreservationActSection 106 Consultation, ProjectDescription Summary, McElmo Creek Unit Oil Production Facility, ProposedAmended CleanAir ActPrevention of SignificantDeterioration Permit, PSD PermitNo. NU05-01; United States Environmental Protection Agency, Region 9; September 30, 2015 2. AnNHPAAssessmentof Historic Properties within a 2-KilometerAPEof the McElmo Creek UnitMain Flare in San Juan County, Utah,forResoluteNatural Resources Company, LLC; Dinetahd66 Cultural Resources Management; September 2, 2015

cc: Patrick Flynn, Resolute Natural Resources DwightMallory, Resolute Natural Resources Rena Martin, Dinetahd66 Cultural Resources Management

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