1

Kelly, Shaheerah

From: Dwight Mallory <Dmallory@resoluteenergy.com>

Sent: Thursday, May 14, 2015 12:44 PM

To: Kelly, Shaheerah

Subject: FW: The McElmo Flare Project

Attachments: removed.txt; Revised MCU NHPA SOW.docx

FYI 

The linked image cannot be displayed. The file may have been moved, renamed, or deleted. Verify that the link points to the correct 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: Friday, May 01, 2015 1:38 PM 

To: 'Saanii' 

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 Scope 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 Navajo Nation HPD, but simply to provide U.S. EPA with a listing 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 reassessments of 52 

previously recorded archeological sites.” EPA simply needs a report that identifies “historic 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 relocated, they just need to know, based on the 

already available information, which sites qualify as “historic properties” under the NHPA. Only those 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 “historic properties”. Again, only those sites that 

qualify as “historic properties” under the NHPA should be addressed in the report. 

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

Navajo Nation HPD. However, since the report is for a federal permit and EPA is the acting agency, the final 

report should be submitted to EPA. It is EPA’s responsibility 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. 
2

I apologize for all of the back and forth, but this is an unfamiliar 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 their 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 Project 

Good morning Dwight, 

I am wondering if you had any issues or discussions about the SOW we sent in? Rena Martin 

Dinetahdoo Cultural Resources 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
3

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 took a look at the USGS map that overs the McElmo Flare 

project and counted a minimum of 21 previously inventoried archaeological sites in the new 2 mile radius 

project 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 Resources 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

This e-mail message and any attachments are for the sole use of the intended recipient(s) and may contain 

confidential, privileged, and proprietary information of Resolute Energy Corporation. Any unauthorized review, 

use, disclosure or distribution may be prohibited 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 attachments, 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
4

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 regarding 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 are 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 proposing 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 determine 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 mitigating 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, 

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 right 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
5

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 are 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 attached map, the 2 km APE will be entirely of 

the Navajo Reservation, within the Aneth Chapter. 

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 7:25 AM 

To: Dwight Mallory 

Cc: Patrick Flynn; Kelly, Shaheerah 

Subject: NHPA Compliance / Area of Potential Effects for MCU Project 

Dwight, 
6

EPA spoke to the THPO yesterday concerning the area of potential 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. identify 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 integrity of historic properties within the APE, and, if needed, seek ways to avoid, minimize or mitigate any 

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, privileged, and proprietary information of Resolute Energy Corporation. Any unauthorized review, 

use, disclosure or distribution may be prohibited 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 attachments, and 

all copies of the original message. Thank you. 
NHPA Assessment of Historic Properties 

Within a 2-Kilometer APE of the McElmo Creek Unit Main Flare

Goal

This goal of the project is to identify historic properties, as defined by the National Historic 

Preservation Act (NHPA) and its implementing regulations, located within a 2 km area of potential 

effects (APE) of the Main Flare located at the Resolute Natural Resources Company, LLC’s McElmo 

Creek Unit Central Facility. The project will include assessment of previously recorded cultural 

resources to determine if they qualify as historic properties under the NHPA and will also include 

assessment of existing Navajo in-use sites within the APE to determine if any of the structures are

eligible for listing as historic properties. Some 52 archaeological sites and possibly 5 to 7 Navajo inuse sites are located in the 2 kilometer APE surrounding the Main Flare.

Scope of Work

Dinétahdóó Cultural Resources Management (DCRM) will review of existing documentation and 

literature for the 52 previously recorded archaeological sites recorded within the APE and determine 

which sites qualify as historic properties under the NHPA. DCRM will also conduct a field assessment 

to determine which, if any, of the Navajo in-use sites within the APE may qualify as historic properties

according to 36 CFR 800.16(l). 

DCRM will complete the following tasks:

A. Pre-field and Field Tasks

1. Obtain a project Permit Number, if needed, from the Navajo Nation Historic Preservation 

Department’s (NNHPD) Cultural Resources Compliance Section, 

2. Complete an extensive literature search in the NNHPD’s Cultural Resources Compliance 

Program and Traditional Culture Programs in Window Rock and determine which existing 

sites are eligible for listing as historic properties according to the NHPA. 

3. Conduct any necessary consultations with the Aneth Chapter regarding the in-use site 

residential area assessments,

4. Conduct an assessment of in-use residential areas within the APE to determine if any of 

the residential structures are eligible for listing as historic properties according to the 

NHPA. 

B. Reporting

1. Prepare a historic properties findings report that includes descriptions of all identified 

historic properties, including project maps,

2. Submit a draft report to Resolute Natural Resources Company, LLC, 

3. Incorporate comments and submit a final report to U.S. Environmental Protection Agency, 

Region 9, c.c. Resolute Natural Resources Company, LLC, and NNHPD.