1

Kelly, Shaheerah

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 defined in 36 CFR 800.16(l) 

within the area of potential effects (i.e., 2 km of the Main Flare). The current Scope of Work states 

that the “project will consist of completing relocations and reassessments 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 undertaking for this project is to issue a federal PSD permit for the 

already existing Main Flare at the MCU Facility site. This permit action does not authorize any new 

construction or modification of existing equipment at the site beyond the Main Flare. Our permit 

action will not significantly change the operation of the flare and will not authorize ground 

disturbances. 

3. Section B.3 (Report Preparation) implies that the consultant will submit the final assessment report 

directly to the Navajo Nation HPD. The final assessment report must be submitted to EPA so that 

the agency can continue our consultation under the NHPA with the THPO at the Navajo Nation 

HPD. 

Please contact me for 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

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,
2

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 estimate 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 the 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. 

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) 960-9478Fax (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) 
3

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 maps at NNHPD. We are working 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 1165

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 there are under 30 sites previously 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 process as soon as you give us notice to proceed. 

Thanks, 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

From: Dwight Mallory <Dmallory@resoluteenergy.com> 

To: 'Saanii' <dinetahdoo@yahoo.com> 
4

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 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,
5

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 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
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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 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,
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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.