1

Kelly, Shaheerah

From: Dwight Mallory <Dmallory@resoluteenergy.com>

Sent: Wednesday, February 11, 2015 1:38 PM

To: Kelly, Shaheerah

Subject: RE: NHPA Compliance

Shaheerah,

Resolute does not agree with the 50 km radius. Since there is no new land disturbance authorized by the proposed

permit amendment and extensive modelling has already demonstrated compliance with applicable air quality and  

visibility standards, we believe that there is no potential for impact to historic properties.

Dwight E. Mallory

Environmental/Regulatory Manager

Resolute Energy Corporation

1700 Lincoln Street, Suite 2800

Denver, CO 80203

Direct: 303‐573‐4886 X 1165

‐‐‐‐‐Original Message‐‐‐‐‐ 

From: Kelly, Shaheerah [mailto:Kelly.Shaheerah@epa.gov]

Sent: Wednesday, February 11, 2015 8:13 AM

To: Dwight Mallory

Subject: NHPA Compliance

Dwight,

1. I left you a couple of voicemails regarding the NHPA compliance. I was asked to provide input on Dinetahdoo Cultural

Resources Management's report. Below are the comments that was sent to the contractor and the contractor's

responses. Regarding comment #2 in my email to the contractor below, please confirm whether Resolute agrees with

the area of potential effects (APE) of 50 km radius which is used in the report. The NHPA process requires an assessment

of historic properties that may be affected by the undertaking (i.e., the approval of the PSD permit in this case). Per 36

CFR 800.4 the assessment must include a documentation of the APE, and identification of historic properties within the

APE. Per 36 CFR 800.16, the APE means "the geographic area or areas within which an undertaking may directly or

indirectly cause alterations in the character or use of historic properties, if any such properties exist; [t]he area of

potential effects is influenced by the scale and nature of an undertaking and may be different for different kinds of

effects caused by the undertaking."

2. If there is disagreement on the APE in #1 above, we will need to work with the SHPO and THPO.

Feel free to call me for 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
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‐‐‐‐‐Original Message‐‐‐‐‐ 

From: Saanii [mailto:dinetahdoo@yahoo.com]

Sent: Friday, February 06, 2015 3:13 PM

To: Kelly, Shaheerah

Subject: RE: Report for McElmo Flare

Hi again Shaheerah,

Thank you for your comments. I will call you after my message to clarify any confusion.

Comment 1. This would not be an issue to change but I would have to consult with the Navajo Nation Historic

Preservation Department's (NNHPD) Traditional Cultural Program (TCP) regarding any information about traditional

cultural properties (TCPs) in a public report. The NNHPD's TCP has contractors make a report like this one as a

confidential appendix to an archaeological report. So, this would be an easy fix if we do additional inventory for

archaeological resources. The reports are usually split with the archaeological report being filed in the cultural resources

files and the TCP report in the NNHPD's TCP files. This would mean we not only complete a pedestrian survey for

archaeological sites but also TCPs.

Comment 2. I understand about Section 106 and its relation to historic properties but, plants are considered TCPs which

are protected under the NHPA. This is taken even more seriously on the Navajo Nation because not only are plant gather

areas protected by federal laws they are also protected by the Navajo Nation's Cultural Resources Protection Act. While

the NNHPD agreed to allowing us to do only the ethngraphic work for this scope of work. We did not do any on the

ground work to identify any plant (or other resources) gathering area. Large scale projects normally call for a scope of

work that includes identification of archaeological properties and TCPs/unidentied graves. I think what threw everyone

off was the issue that this was an air‐quality project. The question will still remain of how air‐quality affects

archaeological propteries right? I haven't come across many research on this subject. I agree perhaps we can do an on

the ground inventory but  in a smaller area‐‐much smaller than the 50km.

Comment 3. The hot climate seems to be having an adverse affect on the plants people gather. In this case we allow the

interviewees to state their concerns about their gather areas. I guess we should have stated that the heat from the flare

seems to having an adverse affect on the natural resources the local community relies on for traditional lifeways. Again,

the lack of studies on this type of impact on a community is rare if any. Community members always have this

comment..."... the federal government and our government (NN) seems to care more for the Anaasazi and then us..."

Let us talk some more,

I am in the office.

Rena

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

‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐ 

On Fri, 2/6/15, Kelly, Shaheerah <Kelly.Shaheerah@epa.gov> wrote:

Subject: RE: Report for McElmo Flare

To: "Saanii" <dinetahdoo@yahoo.com>

Date: Friday, February 6, 2015, 2:18 PM
3

Rena, thanks for the opportunity to review and comment on the report. I apologize  for the delay in getting back to you.

Below are my comments  on the report. Feel free to contact me if you have any  questions or would like to discuss them.

Thanks.

1. The first page states "Confidential Report". Are you claiming the report  to be confidential business information (CBI)?

If so, and  the EPA receives a Freedom of Information Act (FOIA) request  for the report, we will have to ask you to

substantiate your  claim of CBI.  EPA will review your substantiation and  determine if the report is CBI.  If it is

determined to be  CBI, the EPA will not release the report to the public; but  if EPA determines it is not CBI the document

will be  released (barring the initiation of legal action).

2. Pursuant to Section 106 of the National Historic Preservation Act (NHPA), and its  implementing regulations at 36 CFR

Part 800, prior to  approval of the undertaking, EPA is required to take into  account the effects of its undertakings on

historic  properties. Page 10 of the draft report states  "Pursuant to consultations between the US EPA and  NNHPD, the

Navajo Nation's Traditional Cultural Program  decided to concentrate on the potential effects of this  undertaking on

traditional lifeways and traditional cultural  places within a 50 km radius of the main flare, and to  require consultation

with traditional practitioners who  perform cultural activities within this area radius."  It also states "NNHPD decided not

to require  consideration of archaeological resources within this 50 km  radius area except for any that are also

considered  traditional cultural places in the literature or the  interviews." There is a question whether the radius is  

appropriate given the nature and scope of the project. We  understand you have already completed much field work on  

traditional lifeways and traditional cultural places. We  would like to discuss whether a smaller radius is more  

appropriate (e.g. 1 km or 5 km) for evaluating potential  effects of the undertaking on historic properties within the

smaller radius. If this is feasible, we would need to get  agreement from the parties involved (i.e., THPO, Resolute,  and

EPA), and have this information included in the  report.

3. It is not clear whether the recommendations on pages 18‐19 are adverse  impacts on historic properties. Is it your

position that  there will be adverse effects on historic properties? If  there are going to be adverse impacts on historic  

properties, it will likely necessitate the need for all of  the appropriate parties to enter into a memorandum of  

agreement in order to delineate the mitigation measures  which must be followed.

4.  Part of the address (i.e., the city, state, and zip code)  for Resolute Energy Company is missing from the cover page  

of the report.

************************************

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

 ‐‐‐‐‐Original Message‐‐‐‐‐ 

From: Saanii [mailto:dinetahdoo@yahoo.com]

Sent: Friday, February 06, 2015 8:39 AM

To: Kelly, Shaheerah

Subject:

RE: Report for McElmo Flare

Shaheerah,
4

It is always good to get a report off our desks so I am waiting  on you move. Resolute Natural Resources, LLC completed

their  review and basically the report is ready to be submitted to  the Navajo Nation Historic Preservation Department

for  complianre review.

Rena

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

 ‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐ 

On Thu, 2/5/15, Kelly, Shaheerah <Kelly.Shaheerah@epa.gov>

wrote:

  Subject: RE: Report

for McElmo Flare

  To: "Saanii"

<dinetahdoo@yahoo.com>

  Date: Thursday, February 5, 2015, 6:40 PM

  Rena,

  I apologize for the delay and will try to get back to you tomorrow on the report. Please  let me know if this is fine with

you.

  Thanks.

************************************

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

  ‐‐‐‐‐Original  Message‐‐‐‐‐ 

  From: Saanii [mailto:dinetahdoo@yahoo.com]

  Sent: Thursday, January 29, 2015 1:36 PM

  To: Kelly, Shaheerah

  Subject: Re: Report for McElmo Flare

  Hello Shaheerah,

  The report is attached for your review. Please  add any names or  statements. As I have been telling you,  this was a

very  interesting project. We tried our best to  cover what the  NNHPD wanted. If you need to discuss anything  I am

here at  the office today and tomorrow.
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  I will send you a copy of the fieldnotes without the names shortly too.

  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

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