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# I~'% UNITED STATES ENVIRONMENTAL PROTECTION AGENCY

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James GaITison, SHPO Arizona State Parks State Historic Preservation Office 1300 W. Washington Street Phoenix, AZ 85007 REGION IX 75 Hawthorne Street San Francisco, CA 94105

September 30, 2015

Subject: National Historic Preservation Act Section 106 Consultation
- McElmo Creek Unit Oil Production Facility, San Juan County, Utah
Dear Mr. Garrison:
In accordance with Section 106 of the 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 refeITed to in the paragraph below

. EPA is the lead federal agency for the issuance of an amended Prevention of Significant Deterioration (PSD) air quality permit in the Navajo Nation Reservation. We have made a finding of "No Historic Properties Affected" for this undertaking pursuant to 36 CFR 800.4(d)(l).
The United States Environmental Protection Agency, Region 9 (EPA) is reviewing an application for the issuance of an 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 replacement of an existing fan to provide better pollution control at the Main Flare, EPA's issuance of the amended PSD permit does not authorize any new construction or modification of existing equipment at the MCU Facility. Additionally, EPA is amending the permit to remove certain equipment, and the applicable permit requirements that apply because this equipment has been shut down and removed from the site

. In consultation with the Navajo Nation Historic Preservation Department, the area of potential effects (APE) for this project consists of an 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 of the information provided and after careful review and analysis, EPA has determined that issuance ofthe amended PSD Permit for 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 us within 30 days if you concur with our proposed determination. If you do not reply within this 30 day review period, EPA will consider the lack of reply to be Arizona State Historic Preservation Office agreement with the determination

. . If you 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,

# 6e**os** Chief, Air Permits Office Air Division

1. National Historic Preservation Act Section 106 Consultation, Project Description Summary, McElmo Creek Unit Oil Production Facility, ProposedAmended Clean Air Act Prevention of Significant Deterioration Permit , PSD Permit No. NU 05-01; United States Environmental Protection Agency, Region 9; September 30, 2015 2. An NHPA Assessment of Historic Properties within a 2-KilometerAPE ofthe McElmo Creek Unit Main Flare in San Juan County, Utah,for Resolute Natural 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

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