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

September 30, 2015

Ora Marek-Martinez, DepartmentManager Navajo Nation Reservation Historic Preservation Department P.O. Box 4950 Window Rock, AZ 86515 Subject: National Historic Preservation Act Section 106 Consultation
- McElmo Creek Unit Oil Production Facility, San Juan County, Utah
DearMs

. Marek-Martinez:
In accordance with Section 106 ofthe National Historic Preservation Act (NHPA) and its implementing regulations, 36 CFR Part 800, we are providing information for your review and concmTence regarding the project referred to in the paragraph below. EPA is the lead federal agency for the issuance ofan amended Prevention ofSignificant Deterioration (PSD) air quality permit in the Navajo Nation Reservation. We have made a finding of "No Historic Properties Affected" for this unde1taking 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 replacementofan existing fan to provide better pollution 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 equipmenthas 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 the APE (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, EPA has determined that issuance ofthe amended PSD Permitfor the Main Flare will have no effect upon historic properties within the APE.
EPA requests that you review the enclosed Project Description Summary and concur on our determination that no historic properties will be affected by EPA's undertaking. Please inform i.Is within 30 days ifyou concur with our proposed determination. Ifyou do not reply within this 30 day review period, EPA will consider the lack ofreply to be Navajo Nation Historic Preservation Department 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,

# ~ Berardo C. Rios Chief , Air Permits Office Air Division

1. National Historic PreservationActSection I06 Consultation, ProjectDescription Summary;McElmo Creek Unit Oil Production Facility, ProposedAmended CleanAir ActPrevention of SignificantDeterioration Permit , PSD PermitNo

. NU 05"01; United States Environmental Protection Agency, Region 9; September 30, 2015 2

. AnNHPA Assessmentof Historic Properties within a 2-KilometerAPEofthe 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 Tamara Billie, Navajo Nation Historic Preservation Department Timothy Begay, Navajo Nation Historic Preservation Department

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