1 

### Kelly, Shaheerah

From: Kelly, Shaheerah

Sent: Wednesday, May 13, 2015 3:28 PM

To: Dwight Mallory

Cc: Patrick Flynn; Kelly, Shaheerah Subject: RE: RE: The McElmo Flare Project

Hi Dwight,

1. Can you provide an update on when you Resolute might send EPA the historic properties assessment? This

information would be helpful for determining our next steps.

2. One of the comments we received was regarding removal of permit condition IX.B.2 of the proposed permit. This

was part of the BACT analysis for the Main Flare. I would like to discuss this with you this week if you are available

tomorrow or Friday. Please let me know.

************************************ Shaheerah Kelly
Permits Office, Air Division (AIR-3)

U.S. Environmental Protec tion Agency, Region 9
San Francisco, CA 94105

Phone: 415-947-4156

Fax: 415-947-3579

Email: kelly.shaheerah@epa.gov

From: Kelly, Shaheerah

Sent: Tuesday, April 28, 2015 6:08 AM

To: 'Dwight Mallory'

Cc: Patrick Flynn; Kelly, Shaheerah
Subject: FW: RE: The McElmo Flare Project



### Dwight, thank you for sharing the Scope of Work. I have the following comments to clarify what EPA is looking for in terms of NHPA compliance. EPA must obtain this information to move toward

conclusion of the NHPA consultation process. This process must be completed before the agency can issue the final PSD permit.

1. We will need an assessment that identifies any historic properties as de fined in 36 CFR 800.16(l) within the area of potential effects (i.e., 2 km of the Main Flare). Th e current Scope of Work states that the “project will consist of completing relocations and reassessme nts of 52 previously recorded archeological sites.” Please clarify whether the 52 archeological sites are considered historic properties under the NHPA and its implementing regulations.

2. I want to reiterate that the unde rtaking for this project is to issue a federal PSD permit for the already existing Main Flare at the MCU Facility s ite. This permit action does not authorize any new

construction or modification of ex isting equipment at the site be yond the Main Flare. Our permit action will not significantly change the operati on of the flare and will not authorize ground

disturbances.2 

### 3. Section B.3 (Report Preparation) implies that the consultant will submit the final assessment report directly to the Navajo Nation HP D. The final assessment report must be submitted to EPA so that the agency can cont inue our consultation under the NHPA w ith the THPO at the Navajo Nation

HPD.

Please contact me for any questions.

************************************ Shaheerah Kelly
Permits Office, Air Division (AIR-3)

U.S. Environmental Protec tion 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, April 23, 2015 3:14 PM

To: Kelly, Shaheerah

Cc: Patrick Flynn
Subject: FW: RE: The McElmo Flare Project

Shaheerah,

I know you said we could go ahead with the NHPA compliance assessment based on the previous emails, but I wanted to

pass this along now that I have a more formal scope of work and cost estimate.

Please have your NHPA expert make sure this is going to work before we head down the wrong path again.

Dwight E. Mallory Environmental/Regulatory Manager Resolute Energy Corporation 1700 Lincoln Street, Suite 2800
Denver, CO 80203

Direct: 303-573-4886 X 1165

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

Sent: Wednesday, April 22, 2015 3:02 PM

To: Dwight Mallory Subject: Re: RE: The McElmo Flare Project



### Dwight,

Attached is a revised SOW and a cost estima te for the reassessment and evaluations of the 52 previously recorded sites and 5-7 Navajo residential areas. Please note that the 52 archaeological sites seem have been recorded since th e mid 1980s so we know the sites will have to totally re-recorded because of weathering ans such. Also most of these

sites were recorded before we had GPS units . Site size and locational information will most likely change.3 

### We will wait on your review. Rena

Dinetahdoo Cultural Resources Management, LLC P.O. Box 2012, Farmington NM 87499 10076 US Hwy 371, S of Farmington, NM Phone (505) 960-9478F ax (505) 960-9749

Email dinetahdoo@yahoo.com

Website: www.dinetahdoo.com

From: Dwight Mallory < Dmallory@resoluteenergy.com > To: Saanii < dinetahdoo@yahoo.com > Sent: Tuesday, April 21, 2015 6:23 PM Subject: RE: RE: The McElmo Flare Project



### That sounds good.

Sent via the Samsung GALAXY S® 4, an AT&T 4G LTE smartphone



### -------- Original message -------- From: Saanii < dinetahdoo@yahoo.com > Date:04/21/2015 1:47 PM (GMT-07:00) To: Dwight Mallory < Dmallory@resoluteenergy.com > Cc:

Subject: Re: RE: The McElmo Flare Project

Hi Dwight, The staff found 52 previously recorded sites on the ma ps at NNHPD. We are workin g on the SOW revision and cost estimate for this project.

Rena

Sent from Yahoo Mail on Android

From :"Dwight Mallory" < Dmallory@resoluteenergy.com > Date :Mon, Apr 13, 2015 at 2:49 PM Subject :RE: The McElmo Flare Project

I do need to get a cost estimate before you start.

Dwight E. Mallory Environmental/Regulatory Manager Resolute Energy Corporation 1700 Lincoln Street, Suite 2800
Denver, CO 80203

Direct: 303-573-4886 X 11654 From: Saanii [ mailto:dinetahdoo@yahoo.com ]

Sent: Monday, April 13, 2015 2:28 PM

To: Dwight Mallory Subject: Re: The McElmo Flare Project



### Good afternoon Dwight,

When do you want us to start on this phase of work? We only looked at one map in Window Rock and did not look at the second map but I am sure th ere are under 30 sites previ ously recorded that we would revisit. We also have to pull any of the site forms/maps from the NNHPD files for update and/or reassessment/evaluations.

DCRM staff members travel to Window each week to search records and copy all of the known site forms near and in project areas. We can complete this pr ocess as soon as you give us notice to proceed.

Thanks, Rena

Dinetahdoo Cultural Resour ces 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

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 t ook a look at the USGS map th at overs the McElmo Flare

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

p roject 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.5 

### We can do a cost estimate when everyone is in agreement perhaps, we are done?

Rena Martin

Dinetahdoo Cultural Resour ces 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, privile ged, and proprietary information of Resolute Energy Corporation. Any unauthorized review, use, disclosure or distribution may be prohibi ted 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 attach ments, 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

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 regard ing 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 ar e 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.6 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

p roposing 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 dete rmine 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 mitiga ting 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 ri ght 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

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 ar e 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.gov7 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 a ttached 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,

EPA spoke to the THPO yesterday concerning the area of pot ential 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. identif y 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 inte grity of historic properties with in the APE, and, if needed, seek ways to avoid, minimize or mitigate an y 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, privile ged, and proprietary information of Resolute Energy Corporation. Any unauthorized review, use, disclosure or distribution may be prohibi ted 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 attach ments, and all copies of the original message. Thank you.8