UNITED STATES ENVIRONMENTAL PROTECTION AGENCY REGION IX 75 Hawthorne Street San Francisco, CA 94105

September 30, 2015

Jan Biella, SHPO and State Archaeologist State ofNew Mexico Historic Preservation Office Bataan Memorial Building 407 Galisteo Street, Suite 236 Santa Fe, NM 87501 Subject: National Historic Preservation Act Section 106 Consultation - McElmo Creek Unit Oil Production Facility, San Juan County, Utah Dear Ms. Biella: 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 your review and concurrence regarding the projectreferred to inthe paragraph below. EPA is the lead federal agency for the issuance ofan amended Prevention of SignificantDeterioration (PSD) air quality permit in the Navajo Nation Reservation. Wehave made a finding of"No Historic Properties Affected" for this undertaking pursuant to 36 CPR 800.4(d)(l). The United States Environmental ProtectionAgency, Region 9 (EPA) is reviewing an application for the issuance ofan amended PSD air quality permit, in accordance with the Clean AirAct 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 better pollution control at the MainFlare, 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 applybecause this equipmenthas been shut down and removed from the site. In consultation with the Navajo Nation Historic PreservationDepartment, 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 the APE (2 km around the Main Flare). Resolute provided DCRM's final assessment ofhistoric properties to EPA on September 2, 2015 (September 2015 DCRMReport enclosed).Based on all ofthe informationprovided and after careful review and analysis, EPAhas determined that issuance ofthe amended PSD Permit for the Main Flare will have no effect upon historic properties within the APE. EPArequests that you review the enclosed Project Description Summary and concur on our determination that no historic properties will be affected byEPA's undertaking. Please inform us within 30 days ifyou concur with our proposed determination. Ifyou do notreply within this 30 day review period, EPA will consider the lack ofreply to be New Mexico State Historic Preservation Office agreement with the determination. Ifyou 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, 

# %ik

Chief, AirPermits Office Air Division

1. National Historic PreservationActSection 106 Consultation, Project Description 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 Dwight Mallory, Resolute Natural Resources Rena Martin, Dinetahd66 Cultural Resources Management

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