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In Colorado, the State historic preservation process is triggered by any project involving a state action that may affect a nominated or listed State Register property. All properties listed in the National Register of Historic Places are automatically included in the Colorado State Register. State “action” means any state activity, program, project or undertaking or the approval, sanction, assistance, or support of any activity, policy, program, project, or undertaking. [[Colorado Revised Statutes|Colo. Rev. Stat. § 24-80.1-102]]; [[Colorado Revised Statutes|Colo. Rev. Stat. § 24-80.1-104(2)(a)]]; [[History Colorado - Review and Compliance Webpage]].
The Office of Archaeology and Historic Preservation (OAHP) (a division of the Colorado Historical Society) coordinates the State’s historic preservation program and serves as the State Historic Preservation Officer (SHPO). The OAHP Review and Compliance Staff consults with state agencies pursuant the State Register Act to determine how a project will affect nominated or listed properties and to consider alternatives to avoid, minimize and mitigate effects to historic properties. [[Colorado Code of Regulations 8 CCR 1504-5 State Register of Historic Places|Colo. Code Regs. tit. 8 § 1504-5]]; [[History Colorado: Colorado State Register of Historic Properties Webpage]]; [[History Colorado: Consultation Guidance]].
The SHPO will review and comment on the project’s effect on cultural resources pursuant to [[C.R.S. 24-80 - State History, Archives, and Emblems|Colo. Rev. Stat. § 24-80.1-101]], and the [[National Historic Preservation Act|16 U.S.C. § 106]].
Because water supply structures in Colorado play a critical role with respect to the state’s water supplies and because the ability to repair, replace, and change water supply structures are essential to the economic future of Colorado, projects that may potentially affect water supply structures are exempt from some of the requirements of the State Register Act, if approved by the Department of Natural Resources or the Department of Public, Health and Environment. [[C.R.S. 24-80 - State History, Archives, and Emblems|Colo. Rev. Stat. § 24-80.1-104(3)]].
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==11-CO-b.1 - Contact the Office of Archaeology and Historic Preservation (OAHP)==
The state agency or the developer should contact the Office of Archaeology and Historic Preservation (OAHP) during the earliest stages of the project planning process. The OAHP will assist the developer to identify properties of historical significance that may be located within the area of the proposed action and to determine the effects of the project on such historical resources. [[Colorado Revised Statutes|Colo. Rev. Stat. § 24-80.1-104(2)(a)]]; [[Colorado Code of Regulations 8 CCR 1504-5 State Register of Historic Places|Colo. Code Regs. tit. 8 § 1504-5]].
==11-CO-b.2 to 11-CO-b.3 – Identify Properties of Historical Significance==
At the earliest stage of planning a project, or when it is anticipated that properties of historical significance may be adversely affected—and in all cases where an agency decision may have an effect on properties already listed in the state register—the developer must identify properties of historical significance located within the proposed project area.
A list of all state properties listed in the National Register of Historic Places and the Colorado State Register of Historic Properties is accessible from the OAHP’s [[History Colorado: National and State Register Listed Properties Webpage]].
==11-CO-b.4 to 11-CO-b.7 – Will the Project Affect a Property Fifty or More Years Old?==
If the project may adversely affect a property 50 or more years old, the state agency or the developer must seek a determination from the OAHP regarding the historical significance of the property. [[Colorado Code of Regulations 8 CCR 1504-5 State Register of Historic Places|Colo. Code Regs. tit. 8 § 1504-5]].
==11-CO-b.8 to 11-CO-b.9 – Is the Potentially Affected Property a Water Supply Structure?==
If the potentially affected property is a water supply structure and the project is authorized by the Department of Natural Resources or the Department of Public, Health and Environment (or any subdivisions of those departments) the project is exempt from the protections provided under subsections 24-80.1-104(2)(a) and (b) of the State Register Act. Accordingly, the state agency (or developer) is not required to provide notice of the project to the OAHP or to request a determination of effect. [[Colorado Revised Statutes|Colo. Rev. Stat. § 24-80.1-104(3)]].
==11-CO-b.10 – Request for Determination of Effect==
If the project may affect a property included in the State Register or a property determined to be of historical significance by the OAHP, the state agency or developer must notify the OAHP of the proposed action in writing and must request a determination of effect on such properties. The notification must include sufficient and relevant information necessary in order for the OAHP to make a determination of effect on the affected properties. [[Colorado Revised Statutes|CRS 24-80.1-104(2)(a)]]; [[Colorado Code of Regulations 8 CCR 1504-5 State Register of Historic Places|Colo. Code Regs. tit. 8 § 1504-5]].
==11-CO-b.11 to 11-CO-b.13 – Evaluate Request for Determination of Effect for Completeness==
Once received, the OAHP evaluates the developer’s Request for a Determination of Effect for completeness. If the information provided is not sufficient to allow the OAHP to determine whether the project may have an adverse effect on nominated or listed historic properties, the OAHP will request additional information from the developer.
==11-CO-b.14 – Determination of Effect==
Within 30 days of receiving notification of the project, the OAHP issues a determination of effect on properties of historical significance. The determination of effect includes OAHP comments on the project. [[Colorado Revised Statutes|Colo. Rev. Stat. § 24-80.1-104(2)(a)]].
==11-CO-b.15 to 11-CO-b.18 – Does the OAHP Recommend that the State Agency Prohibit or Alter the Project?==
The determination of effect may also include a recommendation from the OAHP that the state agency prohibit or that the developer alter all or some aspects of the project. If the state agency disagrees with the OAHP’s recommendations, the state agency will be afforded a period of 30 days in which to negotiate a satisfactory agreement with the OAHP. [[Colorado Revised Statutes|Colo. Rev. Stat. § 24-80.1-104(2)(a)-(b)]].
==11-CO-b.19 – Appeal to Governor==
If the state agency and the OAHP are unable to reach an agreement, or if either party is dissatisfied with the agreement, that party may appeal to the governor for a final determination. [[Colorado Revised Statutes|Colo. Rev. Stat. § 24-80.1-104(2)(c)]].
==11-CO-b.20 – Final Determination==
Within 30 days of receiving the appeal, the Governor issues a final determination.
==11-CO-b.21 – Continue with Project==
If the project will not affect a property of historical significance, or the OAHP or the Governor has issued a final determination of effect, the developer may continue with the project.
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[[History Colorado - Review and Compliance Webpage]]; [[Application for a Colorado State Permit for Achaeological or Paleontological Work]]; [[History Colorado: Colorado State Register of Historic Properties Webpage]]; [[History Colorado: Consultation Guidance]]; [[History Colorado: National and State Register Listed Properties Webpage]];
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[[Colorado Revised Statutes]]; [[Colorado Code of Regulations 8 CCR 1504-5 State Register of Historic Places|Colorado - Colo. Code Regs. tit. 8 § 1504-5, State Register of Historic Places]]; [[C.R.S. 24-80 - State History, Archives, and Emblems| Colorado - Colo. Rev. Stat. § 24-80, State History, Archives, and Emblems]]; [[National Historic Preservation Act]].
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Surface ManagerSurface OwnerMineral ManagerMineral OwnerActivityEncroachmentEnvironmentalLocationLand Use PlanGeothermal LeaseHazardous WasteImpactsFacilityFundingManagedPlannedPower PlantTransmissionTransportation
DrillingExplorationGeophysicsLeasingPower Plant DevelopmentWell Abandonment
can be described as
CogenerationSmall Power ProductionIndependent Power ProductionWholesale CustomerFERC ExemptedFERC LicensedUnderground StorageAbove-Ground StorageTemporary Water RequirementPermanent Water RequirementDrinking Water Providing
ActiveNoApplicant Is Lessee
Capacity Exceeds 20 MWCapacity Under 20 MWCapacity Is 50 MWCapacity Exceeds 50 MWCapacity Under 100 MWPUC Certification
Historic PropertiesNative American Historic PropertyNative Hawaiian Historic PropertyNational Register Historic PropertyHistoric Property (Alteration)AirportMigratory BirdsBald Or Golden EagleMarine Mammals Or HabitatFederal Endangered SpeciesFarmland Or LivestockMilitary LandWaters Of The USNavigable WatersWild Or Scenic RiverWetlands By Dregging Or FillingGroundwater By DischargeStorm WaterWater Discharge To WellWater Discharge To LandWater Point Source DischargeWaste Water Associated With Only GeothermalReceived State 401 WQ CertHas Not Received 401 WQ CertAir QualityAir Quality From ConstructionAir Quality From OperationSolid Waste
Line Capacity Under 200 kVLine Capacity Exceeds 50 kVWithin NIETCCAISO GridExempt Per GO 131 D III B 1Not Exempt From CEQAPUC CertificationProject Under GO 131 D II B 2
Assessment CompletedImpact SignificantImpact Likely SignificantAnalysis Impacts AdverseAnalysis Impacts Not AdverseNo Best Interests FindingNo Categorical ExclusionNo Determination Of NEPA AdequacyPrior State AnalysisNo Prior State AnalysisProcess Not Complete For DrillingExtraordinary Circumstances
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