1 

### Kelly, Shaheerah

From: Dwight Mallory <Dmallory@resoluteenergy.com>

Sent: Thursday, February 26, 2015 10:51 AM

To: 'timothy_begay@yahoo.com'

Cc: Patrick Flynn; 'Saanii'; Kelly, Shaheerah

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

Attachments: removed.txt

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

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

Sent: Thursday, February 19, 2015 2:47 PM2 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.

The linked image cannot be displayed. The file may have been moved, renamed, or deleted. Verify that the link points to the co rrect 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: 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 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 determine3 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

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