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Neil A.

Kaplan(#3974)
Anneli R. Smith(#4507)
CLYDE,SNOW & SESSIONS
Attorneys for Phillip Kay Lyman
One Utah Center, 13th Floor
201 South Main Street
Salt Lake City, Utah 84111
Telephone: (801)322-2516
Facsimile:(801)521-6280
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF UTAH,CENTRAL DIVISION
UNITED STATES OF AMERICA,
Plaintiff,
v.
PHILLIP KAY LYMAN AND MONTE
JEROME WELLS,

OBJECTION TO MATTERS RELATING TO


RESTITUTION PROVISIONS SET FORTH
IN THE PRESENTENCE REPORT

Case No. 2:14-CR-00470(RJS)CW-BCW

Defendants.

Pursuant to this Court's Orders (Dkts. Nos. 160, 173), Defendant Phillip K. Lyman, by
his attorneys, respectfully submits this objection to matters relating to restitution provisions set
forth in the Presentence Report. The Presentence Report states that the government is requesting
restitution of $148,052.70 for alleged costs of repair and restoration, pursuant to
recommendation made in an Archaeological Damage and Assessment Report(the "ADIA
Report"); and $24,250.00 for alleged riparian damage restoration recommended in a Soil and
Riparian Resource Damage Report(the "Soils Report"). The combined damages requested by

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the government total $172,302.70. (Presentence Report dated June 17, 2015, at paragraph 19.)
For the reasons set forth below, Mr. Lyman objects to the restitution amount in its entirety.
INTRODUCTION
In considering whether to impose any restitution on the defendants, the Court will need to
consider: (1)the factual and legal nexus ofthe defendants to any claimed monetary loss to the
government and(2) whether, as to any claimed amounts,the government has adequately
established its entitlement to such an amount by a preponderance ofthe evidence.
In order to carry its burden of proof, the government must prove that the loss was
reasonably foreseeable, not speculative, and readily ascertainable.
Mr. Lyman adopts and incorporates Defendant Monte Wells' Position Regarding
Restitution, except as to argument II set forth therein.
Mr. Lyman's objection addresses the invalidity ofthe government's attempts to use the
two reports referenced above to support its request for restitution.
OBJECTION
In order to evaluate the government's proposed restitution, the defense engaged the
services ofERO Resources Corporation("ERO")to prepare a Damage Analysis Report
regarding the May 10, 2014, OHV ride ("the event").(ERO Damage Analysis Report attached as
Exhibit A, hereafter"ERO Report"). ERO is a regionally-recognized consultant in the field of
cultural and natural resources management. The primary ERO consultant for this report, Sean
Larmore, serves as the principal investigator for cultural resources at ERO.(Sean Larmore
Curriculum Vitae attached as Exhibit B.) He is based in Durango, Colorado. He has completed
nearly 200 cultural resources projects for clients. In Utah alone, he has consulted on 14 projects
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for the BLM (including the Monticello Field Office). He has also consulted for the National Park
Service, the Bureau of Reclamation, the United States Forest Service, the Native American
tribes, and the Army Corps of Engineers, among many others.
Mr. Lyman objects to the government's damage analysis on five main grounds:1
I)

It is inappropriate to use Archaeologic Resources Protection Act("ARPA")


regulations as the legal basis for restitution;

II)

The government failed to provide empirical evidence to support the assertion that
the some of the sites in question are in fact "material remains" as defined by ARPA;

III) The government failed to support with empirical evidence their assertion that the
event "altered the archaeologic context" ofthe archaeologic resources and therefore
damaged them;
IV) The government's recommended "capping system" to restore and repair the sites is
unnecessary or inappropriate for each site considering the site conditions and
purported damage; and
V) The government's cost calculations for repairs and restoration of $172,302.70 is
speculative and excessive considering the general absence of proven damage and
the rote square footage methodology used to find costs at each site.
For the Court's convenience, a summary table attached as Exhibit C lists each site and the
defense objections to the government's reports. As the summary table clearly illustrates, there
are sharp disagreements between the ERO expert's report and the reports relied upon by the
government.
Mr. Lyman will not further address analysis ofthe Soils Report as it is included in the ERO Report.
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IT IS INAPPROPRIATE TO USE ARCHAEOLOGIC RESOURCES


PROTECTION ACT("ARPA")REGULATIONS AS THE LEGAL BASIS
FOR RESTITUTION.
The ERO Damage Assessment Report analyzes and addresses deficiencies in the
government reports relied upon in its request for restitution. As a threshold matter, however,
Defendants object to the use ofthe Archaeological Resources Protection Act("ARPA")
standards and the regulations promulgated thereto as the appropriate criteria to order criminal
restitution in this case.
Defendants were not charged with, or convicted of, an ARPA violation. The regulations
are directed to assessing costs ofrepair and restoration for ARPA violations. For example,in
United States v. Quarrell, 310 F.3d 664(10th Cir. 2002), using ARPA regulations was
appropriate where the defendants were convicted of knowingly violating ARPA, 16 U.S.C.
470ee(a). In Quarrell, the defendants were charged with knowingly vandalizing an
archaeological site. The Tenth Circuit agreed that restitution under the Mandatory Victim
Restitution Act("MYRA"), 18 U.S.C. 3663A, was appropriate because it found that the
defendants had conspired to knowingly vandalize archaeological sites. As the Tenth Circuit
noted:
... the Quarrells and Sera conspired to illegally excavate public land, they knew
the objective of driving and hiking to the East Fork site was to excavate the land,
and they knowingly and voluntarily excavated and damaged the land.
Id. at 678.
In contrast to the Quarrell case, the use of ARPA's specifically tailored regulations for
knowingly damaging archaeological sites, with its "knowingly" mens rea requirements, is not
appropriate in this case. In an earlier case involving defendants who constructed an ATV trail in
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Recapture Canyon,2 the defendants were charged with destruction of property ofthe United
States, i.e., willfully injuring and causing damage and destruction to property ofthe United
States in violation of 18 U.S.C. 1361. The Presentence Report in the instant case recounts the
earlier events from the Brown prosecution:
BLM criminal investigations into the construction ofthe trail were
ongoing for several years. Investigators found the trail builders had cut trees,
moved boulders, installed rock cribbing drainage pipes, and constructed at least
one wooden bridge. Archaeologists working under contract ofthe BLM [the
predecessor to ADIA]completed a damage assessment in which they determined
there were more than 30 sites in the area ofthe trail which were eligible for listing
on the National Register of Historic Places. ... Archaeologists found that site
features had been directly and negatively impacted along the ATV trail.
Lyman and Wells Presentence Report at 7.
The defendants in Brown were charged with willfully destroying government property,
i.e., a number of archaeological sites and restitution was calculated under the ARPA regulations.3
In this case, the defendants are not charged with ARPA violations or willfully destroying
government property(ARPA sites)
In both the Quarrell and Brown cases, there were findings that the defendants had
knowingly and/or willfully destroyed property. Here,there was no such allegation, charge or
finding; nor could there be since neither Mr. Lyman nor Mr. Wells ever knowingly or willfully
intended to destroy any government property. In this situation, using ARPA's costs of restoration
or repair regulations is not appropriate. The Court here could decide that the complexity ofthe
issues would complicate and prolong the sentencing process to a degree that it would not order

2 United States v. Brown and Felstead, Case No. 2:11-cr-000039(D. Utah)


3 In Brown, the defendants were ordered to pay $35,000.00 in restitution. By comparison, the requested restitution
here is disproportionate and unreasonable.

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any restitution. See 18 U.S.C. 3663A(c)(3)(B). Or, alternatively, it could attempt to calculate
restitution, if any, using the value ofthe property on the date ofthe event. See 18 U.S.C.
3663A(b)(1)(B)(i)(I).
It is also worth noting that the BLM hired the predecessor firm to ADIA in Brown to do a
damage assessment analysis using ARPA's costs of restoration and repair methodology as it did
here. The ADIA report in this case noted that the BLM never did implement the repairs and
restorations as recommended in the Brown case. This situation has caused at least one court to
recognize that when the government has chosen not to repair the site, that is a factor to not order
costs of repair and restoration for restitution. See United States v. Ganoe,758 F.Supp.2d 1052,
1073 (E.D. Cal. 2010).
Consistent with the well-settled principle that federal courts do not possess the inherent
authority to order restitution but must be explicitly empowered to do so by statute, United States
v. Quarrell, supra, 310 F.3d at 676), we submit that the charges and facts and circumstances of
this case do not authorize a court to use ARPA rules and regulations to impose costs of
restoration or repair to calculate criminal restitution.
THE GOVERNMENT FAILED TO PROVIDE EMPIRICAL EVIDENCE TO
SUPPORT THE ASSERTION THAT THE SOME OF THE SITES IN
QUESTION ARE IN FACT "MATERIAL REMAINS" AS DEFINED BY
ARPA GUIDELINES.
Using sites selected by the BLM,the government has chosen ARPA as its metric for
determining damages in this case. Accordingly, as their chosen statutory framework, the
government must prove all ofthe necessary elements ofthe implementing regulations to prove

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damages are recoverable. One such necessary element is that the allegedly damaged features
must in fact be "material remains" protected by ARPA.43 CFR 7.3(a).
The government has failed to prove that features at the Ledge Architecture Site and
Boulder Rockfall Site are in fact material remains that evidence "physical evidence of human
habitation, occupation, use, or activity, including the site, location, or context in which such
evidence is situated." 43 CFR 7.3(3). For example, the government claims a "possible charcoal
stain" at the Ledge Architecture Site and then proceeds to categorize and tally costs for damage
to it. However, charcoal stains often occur naturally from burnt trees or other natural forces.
Similarly, as ERO points out, the stone cist claimed at the Boulder Rockfall site appears to be a
naturally occurring feature of buried sandstone slabs and cobble stones. ERO Report at 11.
As discussed by ERO,surface artifacts are often disturbed by hundreds of years of
natural forces like floods and erosion and have also been impacted by recent human activities
like grazing. ERO Report at 4-6. These disturbances can significantly change the original
deposition of artifacts which deflates the "archaeologic integrity" and original "archaeologic
context" of a site. Id Essentially, in open areas subject to these forces, the changing position of
artifacts alter the arc of story of what happened and the remaining surface resources are but
sentences without a cohesive structure.
Accordingly,to determine if a questionable site is indeed a material remain capable of
providing scientific information about past civilizations, and protected under ARPA,the standard
practice is to conduct subsurface analysis. ERO Report at 6. This process is intended to see if
buried artifacts subject to fewer disturbances are present and ifthese pieces are more

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contextually intact and can provide greater understanding of how artifacts were used by past
civilizations.
The government's claim that these sites these are protected material remains under ARPA
without substantiating their authenticity and without subsurface analysis4 is an impermissible
overreach. To levy costs to "repair and restore" sites that have not been proven to be material
remains is impermissible and should be rejected.
THE GOVERNMENT FAILED TO SUPPORT WITH EMPIRICAL
EVIDENCE THEIR ASSERTION THAT THE EVENT "ALTERED THE
ARCHAEOLOGIC CONTEXT" OF THE ARCHAEOLOGIC RESOURCES
AND THEREFORE DAMAGED THEM.
As discussed above,"archaeologic context" is the seminal feature of archaeologic study.
ADIA simply makes a general statement that the seven sites in question were damaged because
the event altered the sites' "archaeologic context."
However, the government's assertions are vacuous without first, acknowledging and
assessing the relevant pre-conditions cumulatively impacting each archaeologic site and, second,
distinguishing any insular impacts caused by the event from these pre-conditions. By failing to
address pre-conditions and then cite with specificity the actual impacts to archaeologic resources
caused by the event, the government failed to meet its burden to empirically show the event
altered the archaeologic context ofthe sites and therefore damaged them.
Specifically, as the ERO Report discusses, a thorough and reliable damage analysis
would include and account for pre-conditions at each site like: 1)the overall environmental
context such as weather conditions during the event and up to the time ofinvestigation; 2)the

This is good reason why no subsurface analysis was done."Because the damage areas were ridden over by rubber
tired OHVs and any new subsurface damage can only be characterized as minimal." ADIA at 90.
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type of sediments present which informs the long-term effects of impacts like OHV traffic and
erosion; 3)the influence and impact ofthe archaeologic depositional process discussed above;
4)any impact from historical use ofthe Canyon like cattle grazing; 5)the specific type of
archaeological features present; 6) baseline data to distinguish between pre-existing damage and
new damage; 7)the nature ofthe impact, i.e., passive ATV use versus deliberate excavation of
sites; 8)how the specific impact affects the specific resource found at the site; 9)establishing
with subsurface analysis the presence of archaeological deposits purportedly associated with a
surface feature; 9)establishing whether those subsurface deposits were actually adversely
affected by the event; and 10) whether those archaeologic deposits, ifthey exist, are susceptible
to cumulative effects, such as erosion, as a result ofthe event. ERO Report at 2.
In contrast, while some of these conditions are listed in the general narrative ofthe ADIA
report, the analysis fails to apply them to each site to determine the extent of damage from the
event. Instead, ADIA merely lists an archaeologic feature and states the feature was "driven
over which resulted in alteration ofthe archaeologic context ofthe resource.
For example,for stone cist features, ADIA asserts that "components ofthe cist, including
structural stones and artifacts, were dislodged, moved, or broken" but does not identify what
artifacts are present, distinguish the alleged damage from pre-existing damage or specifically
link any breakage or movement of rocks to the event. ADIA at 75. Pointedly, ADIA makes these
claims for a cist at the Trail End Site (42SA29895). Id. However,this cist exists almost entirely
within a 25-year-old FLPMA Title V ROW for the San Juan County Water Conservancy District
and is driven over by OHV or truck at least weekly to check the SJCWCD pipeline. These

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documented pre-conditions were not noted or evaluated when ADIA made the determination the
event "damaged the archaeologic context" ofthe Trail End Site cist.
In summary, as more thoroughly discussed in the ERO Repot,the government's blanket
damage claims of"alteration ofthe archaeologic context" are devoid ofthorough analysis ofthe
present conditions and lacking in empirical support.
IV.

THE GOVERNMENT'S RECOMMENDED "CAPPING SYSTEM" TO


RESTORE AND REPAIR THE SITES IS UNNECESSARY OR
INAPPROPRIATE FOR EACH SITE CONSIDERING THE SITE
CONDITIONS AND PURPORTED DAMAGE.
In this case, the government has recommended that repair and restoration for every site

should consist ofthe same procedure:"a series of physical measures to stabilize the damage ..
to create a 'cap' over the surface ofthe damage areas that would protect the surfaces" from
natural forces and additional travel." ADIA at 109. This cap consist of a 7-step process of
placing a large piece of geotextile fabric over the site, then layering it with soil, and then
securing the fabric/soil layers with chain link fencing and securing the entire cap to the ground
by pounding in rebar hooks into the soil. ADIA at 109.
To begin, the government has not shown how the recommended repair method of
"capping" each site is necessary to protect the allegedly damaged archaeologic resources. For
example, in terms of erosion, with the possible exception ofthe Steep Hill site, the government
has not shown that the event changed the baseline soil conditions ofthe trail so much so that the
event exacerbated erosion and the site now requires stabilization with this capping system. ERO
Report at 7. Similarly, most ofthe sites are flat and stabilization of disturbances from OHVs is
mostly of concern in areas that host tight radius curves and uphill and downhill sections. Id.

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Most importantly, the government's capping recommendation is excessive and


inappropriate for the conditions. In particular, the recommendation to use chain link fencing on
top ofthe geotextile fabric is unnecessary when doubled over geotextile fabric is more than
sufficient to "cap"the archaeological sites in question. Additionally, pounding 12-inch stakes
and rebar to secure the chain link fencing would constitute an adverse effect within any cultural
deposits and would be entirely inappropriate. ERO Report at 3.
In summary,the government has not shown with specificity why the proposed repair and
restoration method is necessary at each site. Additionally, considering the claimed sensitive
nature ofthese areas, is its unclear how the expansive capping system and associated chain link
and rebar peg component is appropriate and would further protect the archaeologic context and
subsurface resources.
V.

THE GOVERNMENT'S COST CALCULATIONS FOR REPAIRS AND


RESTORATION OF $172,302.70 IS SPECULATIVE AND EXCESSIVE
CONSIDERING THE GENERAL ABSENCE OF PROVEN DAMAGE AND
THE ROTE SQUARE FOOTAGE METHODOLOGY USED TO DETERMINE
COSTS AT EACH SITE.
To determine the total cost ofthe repair and restoration for each site, ADIA determined a

per square foot price for the capping materials and labor and applied this calculation to estimated
square footage affected by the event. ADIA at 97-106. This rote square foot calculation is
inappropriate as it is "without consideration of whether prescribed repair and restoration
damages are necessary or commensurate with the effects ofthe event." ERO Report at 3.
As discussed at length above and demonstrated in the ERO Report, with the possible
exception of the Steep Hill Site, the government has failed its burden to empirically link the
event to any damage to archaeologic features or sites. ARPA only protects "damage to
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archaeologic resources." 43 C.F.R. 7.4(a). If there is no damage to an archaeologic resource,


there is no damage for the government to repair or restore and ARPA is not available to recover
repair and restoration costs. Accordingly, failing to empirically prove damage to most
archaeologic resources, the government's damage assessment of $148,052.70 is speculative.
Additionally, ADIA's square foot determinations are excessive and take into account far
more area than the allegedly damaged archaeologic feature. In determining the square footage for
the site, ADIA takes into account both the area around the allegedly damaged feature and the
entire square footage area of the Recapture Canyon Trail adjacent to the feature. ADIA at 21.
Furthermore, the repair and restoration claims are excessive when taken in context ofthe
history of use in Recapture Canyon. Until the 2007 closure, the canyon was open to OHV travel
of the same kind and type that occurred during the event. There is a large difference between
allowing open use to accruing nearly $172,000 of damages in a single day for the same activity.
Similarly, the 2008 ARI(predecessor to ADIA)report assessed damage at six sites in Recapture
Canyon caused by active ATV road building along the trail. In the ARI Report, it found and
documented instances of severe damage to archaeologic resources, like disturbing human
remains. ARI at 70. Ultimately, the Court ordered a total restitution of $35,000. United States v.
Brown and Felstead, Case No. 2:11-cr-000039(D. Utah)
CONCLUSION
In summary,the use of ARPA regulations is inappropriate. Further, the methods and
application ofthe government's repair and restoration costs are speculative, excessive and should
not be accepted.

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Respectfully submitted this 7th day of August 2015.

/s/ Neil A. Kaplan


Neil A. Kaplan
Anneli R. Smith
Attorneys for Defendant Phillip Kay Lyman

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CERTIFICATE OF SERVICE
I hereby certify that on August 7, 2015,I conventionally filed (under seal) the foregoing
Objection to Matters Relating to Restitution Provisions Set forth in the Presentence Report with
the Clerk of Court and hand delivered a copy to the following:
Jared C. Bennett
Assistant U.S. Attorney
lared.bennett@usdoj.gov
Nathan A. Crane
Attorney for Monte Wells
ncrane@scmlaw.com

/s/ Michelle Carter

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14

EXHIBIT A

ERO

ERO Resources Corp.

DAMAGE ANALYSIS REPORT

Prepared By ERO Resources Corporation


1015 /
1 2 Main Avenue
Durango, CO 81301
United States of America
v.

Denver
1842 Clarkson St.
Denver, CO 80218
303.830.1188

Phillip Kay Lyman and Monte Jerome Wells


Case No. 2:14-CR-00470-RJS-BCW (D. Utah)

Boise
3314 Grace St.
Boise, ID 83703
208.373.7983

AUGUST 2015

Durango
1015'/2 Main Avenue
Durango, CO 81301
970.422.2136
Western Slope
P.O. Box 932
161 South 2"d St.
Hotchkiss, CO 81419
970.872.3020

{00811600-1}
www.eroresources.com

Consultants in
Natural Resources
and the Environment

United States
v.
Phillip K. Lyman,
Monte Jerome Wells
Page 2

DAMAGE ANALYSIS REPORT


AUGUST 2015
Prepared By ERO Resources Corporation
1015 /
1 2 Main Avenue
Durango, CO 81301
United States of America
v.
Phillip Kay Lyman and Monte Jerome Wells
Case No. 2:14-CR-00470-RJS-BCW(D. Utah)

INTRODUCTION
Background:
This damage analysis report is prepared in response to the United States' requested
restitution for claimed repair and restoration costs of $148,052.70 and $24,250.00 for
claimed riparian damage, totaling $172,302.70, in the above-referenced case.
The BLM contracted with a private consulting firm, Archaeological Damage
Investigation and Assessment("ADIA"), to prepare an archaeological damage
assessment report evaluating the archaeological value and cost of repair and
restoration to seven archaelogical sites allegedly damaged in a May 10, 2014 OHV
ride ("the event") through a portion of Recapture Canyon near Blanding, Utah.
Pursuant to BLM's instructions, ADIA prepared a report dated July 2014 styled
"Confidential: Revised Final Archaeological Damage Assessment Report:
Unauthorized Damage to Archaeological Resources at Eight Archaelogical Sites on
Bureau of Land Management Lands in Recapture Canyon in the Vicinity ofBlanding,
San Juan County, Utah"("the report" or "report"). In addition, a "Soil and Riparian
Resource Damage Assessment, July 2014," was prepared by J. Jarnecke, Utah BLM
State Hydrologist. These reports constitute the basis for the government's requested
criminal restitution.
ERO Resources Corporation ("ERO")is a regionally recognized consultant in the field
of cultural and natural resources management. The primary ERO consultant for this
report, Sean Larmore, serves as principal investigator for cultural resources at ERO.

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ERO
Resources
Cornoration

United States
v.
Phillip K. Lyman,
Monte Jerome Wells
Page 3

He is based in Durango, Colorado. He has completed nearly 200 cultural resources


projects for clients such as the BLM (including the Monticello Field Office), the
National Park Service, the Bureau of Reclamation,the United States Forest Service,
and the Army Corps of Engineers, among many others.
Eight archaeological sites were initially examined by ADIA and were the subject of
the ADIA 2014 damage report. However, in ADIA's final revised report the North
End Site(42SA27008)and Areas A and B at the Steep Hill Site(42SA29893) were
dropped from consideration. These sites were removed from the report to
acknowledge pre-existing damage to those the sites documented by ADIA's
predecessor, Archeologic Resource Investigations, in 2008.
This ERO report provides an assessment of the methodology used by ADIA to find
damage at the seven sites as well a critical review of ADIA's proposed restoration and
repair procedures and costs. It also provides an assessment of the riparian soils issue.
This report does not provide a reassessment of ADIA's archaeological value
determinations under ARPA because we have been advised that the sentencing phase
in this case only considers possible "restoration and repair and riparian damages as
potential criminal restitution.

ERO Methodology:
To review whether the damage determinations were appropriate, ERO considered:
1) Whether ADIA provided substantial empirical evidence to support the
assertion that the sites in question are in fact "material remains" as defined in
43 CFR 7.3 and protected by ARPA;
2) Whether ADIA's assertion that the event "altered the archeologic context" of
the archaelogical resources and,therefore, damaged them is supported with
empirical evidence. ERO considered the following factors:
- the environmental context;
- the type of archaelogical site;
- the type of sediments that contain an archaelogical site when considering
long-term effects from impacts, including OHV traffic and susceptibility to
erosion;
- the archeologic depositional process;
- the nature of the impact;
- the history of use in Recapture Canyon;
- documented pre-existing damage at the sites;
- whether the archaelogical deposits purportedly associated with the resources
were actually adversely affected by the event;

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ERO
Resources
Commotion

United States
v.
Phillip K Lyman,
Monte Jerome Wells
Page 4

- whether those archeologic deposits, if they can be reasonably assumed to


exist in the absence of subsurface evaluation, are susceptible to cumulative
effects, such as erosion, as a result of the event
3) Whether ADIA's recommended "capping system" to restore and repair the
sites is necessary or appropriate for each site considering the site conditions
and purported damage; and
4) Whether ADIA's cost calculations for repairs and restoration is excessive or
speculative considering the rote methodology used, square footage totals for
each site, and general absence of proven damage.

ERO General Summary:


In summary,it is the opinion ofERO that damages determinations are flawed by
failing to adequately address the considerations enumerated above.
Though ERO's evaluation of each of the seven sites is discussed at length below,in
brief summary, ultimately the ADIA report is generally flawed for the following
reasons:
General Failings
The ADIA report does not adequately consider past uses of the trail or preexisting damage that has contributed to the baseline conditions of the cultural
resources at the time of the event.
The ADIA report does not empirically demonstrate the event broke, moved, or
otherwise disturbed archaelogical resources to such an extent that the existing
archaelogical context was altered and the resources therefore suffered
recoverable damage under ARPA.
The AIDA report recommends a repair and restoration method that is excessive
and inappropriate for the conditions. In particular, ADIA's recommendation to
use chain link fencing on top of the geotextile fabric is unnecessary when
doubled over geotextile fabric is more than sufficient to "cap" the
archaeological sites in question. Additionally, pounding 12-inch stakes and
rebar to secure the chain link fencing would constitute an adverse effect within
any cultural deposits and would be inappropriate.
The ADIA report applies rote restoration and repair methods and costs to each
of the seven archaeological sites in question without consideration of whether
prescribed repair and restoration damages are necessary or commensurate with
the effects of the event.

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ERO
Resources
Cnrnoratinn

United States
v.
Phillip K Lyman,
Monte Jerome Wells
Page 5

The ADIA report includes both the surface areas ofthe feature at each site as
well as the entire surface area of the adjacent Recapture Canyon Trail to
determine the repair and restoration values. This is total square footage is
generally excessive for the need, if any.
Further, and Without Limitation, ERO Noted Certain Specific Failings
The Trail End site(42SA29895)is located within San Juan County Water
Conservancy right-of-way(ROW)that is subject to repeated impacts unrelated
to the event and should be removed from repair and restoration consideration.
ADIA makes general statements that the stone storage cists comprising the
Above the Rocky Drainage (42SA29889)and Brown's Canyon (42SA31000)
sites contained subsurface artifacts that were damaged by the event. AIDA
failed to conduct the necessary subsurface analysis ofthe cists to support these
statements. Specifically, ADIA fails to provide empirical evidence of the
existence of subsurface artifacts and fails to show, if in existence, how these
subsurface artifacts were impacted by the event. In addition, assuming damage
did occur, the area for repair and restoration recommended by ADIA for these
sites is excessive and should be limited to the extent of the features.
Damage Area C, allegedly containing a charcoal stain, and Area D,allegedly
containing a second charcoal stain and fire cracked rock, of the Steep Hill Site
(42SA29893) were not specifically identified during ERO's field assessment.
However, charcoal stains are generally not of archaeological interest under
ARPA. Without the necessary subsurface analysis ofthe sites, AIDA has
failed to prove these are protected material remains under ARPA.

DISCUSSION
Archaeological Formation Processes and Baseline Conditions:
Archaeological sites as archaeologists see them at the time of discovery and/or
documentation have undergone a complex set offormation processes that contribute to
their baseline conditions and must be considered when evaluating potential effects to
archaeological integrity and context(Schiffer 1987; Waters 1991). In the case ofthe
seven archaeological sites under consideration here, a set of known and unknown
formation processes, both natural and human caused, have acted upon the sites for at
least one thousand years.

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ERO
Resources
Cornnratinn

United States
v.
Phillip K. Lyman,
Monte Jerome Wells
Page 6

Over the vast majority of this time, those formation processes have been physical and
primarily the effects of natural events such as: catastrophic wildland fires that may
have denuded the area of vegetation and led to erosion; animal trampling of surface
artifacts and the vertical compression of buried archaeological deposits; and storm
events that may have led to sheetwash and rill development(small erosional channels
that can develop into larger arroyos). Similarly, physical changes to archaeological
sites are often precipitated by changes to climate, whether at the micro or regional
scale. For example, a sustained drought will denude an area of vegetation increasing
its susceptibility to hydrologic erosion during storm events. Drought can also lead to
sediment erosion which can winnow away surface sediments to the point where the
archaeological record becomes mixed or deflated or drought can cause channel
incision that will erode buried archaeological deposits exposed in a cutbank.
Natural events and their resultant effect on the archaeological record may change the
baseline conditions of archaeological sites, but with time sites will stabilize through
soil formation. While it is impossible to fully understand the timing and duration of
periods of site instability, it is reasonable to assume that the archaeological sites were
affected by catastrophic natural events on the order of at least every 50 to 100 years.
In other words, even without human disturbances, archaeological sites ofthis age have
had their archaeological context affected to varying degrees on numerous occasions in
the past.
Effects to archaeological sites often are exacerbated during the recent human historical
period. The introduction of cattle in the late 1870s led to hundreds if not thousands of
cattle in Recapture Canyon who came to take advantage of a permanent water source
(McPherson 1995:172). The cattle would have quickly established a trail across the
broad benches in the canyon and it is likely that all future travel, including cattle,
horse, human, and motorized, all followed the cattle trail (in effect, trailblazing). The
effects of cattle trampling on surface artifacts and archaeological deposits are well
demonstrated (e.g., Robbins 2015). Additionally, the related effect of overgrazing
creates rill development(erosion) that can displace artifacts over large areas during
storm events. Ranchers would have followed the same cattle trail on horses. Horse
and cattle hooves will compress archaeological deposits vertically (especially during
wet conditions) and can accelerate erosion by denuding vegetation, contributing to
sheetwash, and accelerating rill development. Mining also occurred in the region and
there is an active claim within the canyon that uses an ROW in Recapture Canyon to
access the claim. There is strong evidence, therefore, that significant impacts have
occurred to the archaeological sites in Recapture Canyon prior to the event.
A High Country News(HCN)article dated May 13, 2014 wrote that "the canyon was
long open to motorized travel, but over time the historic trail up the canyon bottom
had fallen into disrepair or had been inundated by beaver ponds. So in 2005 some

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locals went in and constructed a new trail(or maintained an old one, depending on
whom you ask)"(HCN 2014). Aerial imagery from 2004 shows a developed trail
down Brown's Canyon and up the terrace slope directly impacting what is referred to
as the Steep Hill Site(42SA29893)and the Brown's Canyon Site(42SA31000).
Personal communication with Pete Black, whose family ranched the Brown's Canyon
area, confirmed that what is now a trail was once a road from the 1940s or 1950s and
had become a developed OHV trail by the late 1980s to early 1990s (Pete Black,
Larmore personal communication, 2015).
Even with the BLM closure of the trail to motorized traffic after 2007, horse and
human foot traffic continued to use the trail. During the 2015 ERO visit both foot and
horse traffic was observed along the entire length of trail between the northernmost
and southernmost sites. Recent OHV use was also observed along the portion ofthe
trail that contains the pipeline ROW (and which drove over the Trail End Site).
Horses often cause effects more adverse than motorized travel since hooves do not
displace pressure as effectively as rubber tires will. Rather, in soft sediments, hooves
will often leave deep imprints that, in archaeological sites, will vertically compress
buried cultural deposits thereby affecting archaeological deposits.
Archaeological Context:
The very nature of archaeology implies that most of a site exists subsurface.
Archaeologists identify sites by observing artifacts and sometimes features that have
remained on the surface since their abandonment or use, or have been exposed through
post-depositional processes. As described above, archaeological sites undergo a
complex set of post-depositional processes before an archaeologist first sees the site in
question. Archaeologists depend on "context" to evaluate and interpret the scientific
interest of a particular site, weighing the effects of post-depositional processes against
the physical remains of the site. Context refers to the physical relationship of artifacts
and features within an archaeological site; if a site retains context it also retains
integrity. Archaeological sites also must possess physical integrity to convey scientific
interest. Artifacts exposed on the surface have undergone post-depositional processes
such that their location at discovery is not their original locations and therefore they no
longer have integrity and provide archaeological context. Similarly, features such as
charcoal or ash stains(a predominant feature type involved here such as those at the
Steep Hill site) that are exposed on the surface are likely deflated (thereby affecting
archaeological integrity) from having their surrounding sediment matrix removed from
the effects of post-depositional processes. Additionally, charcoal and ash stains may
occur naturally as a result of wildland fires or lightning strikes that burn individual
trees or stumps leaving "features" that may not be of human origin. These types of
features require additional work like subsurface analysis to evaluate if they are in fact

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material remains under ARPA and/or provide any archaeological (i.e., scientific)
interest.

Effects of OHV Travel:


A 2008 study by the United States Forest Service on the effects of OHV use on trails
provides baseline data from which to assess the potential effects on the seven
archaeological sites driven over during the event(USDA 2008). In the study, the
researchers examined disturbance levels of OHV use at seven different locations, of
which the Arizona location(semi desert open lands) is most applicable to the current
setting. The researchers set up loop trails over various topographic features at each
location and recorded the level of disturbance. Four classes were used to determine
the level of disturbance: 1) vegetation and cover conditions(amount of vegetation vs.
exposed rocks and roots); 2)trail conditions (increasing width and rut depth); 3)
erosion conditions (rill networks and dust); and 4)soil conditions(depth ofthe A
horizon). Low disturbance was defined as less than 30% bare soil with small roots
exposed; trails less than 54 inches wide with ruts less than 3 inches deep; little to no
rilling and dust less than 3 feet high; and an A horizon greater than 70% of natural.
High disturbance was defined as greater than 60% bare soil with large roots and rocks
exposed; trails greater than 72 inches in width with ruts greater than 6 inches deep;
rills evident on more the 1/3 ofthe trail and dust greater than 6 feet high; and an A
horizon less than 50% of natural.
The results from the study found that a trail went from low to medium between 20 and
40 passes by an OHV; and from medium to high disturbance at 40 to 120 passes by an
OHV. Disturbance was found to be highest along tight radius curves and along uphill
or downhill(steep gradient) sections.
As will be demonstrated below, and with the exception of the Steep Hill Site
(42SA29893), the sections of trail that extend through the archaeological sites are flat
and relatively straight with few curves that have been found to accelerate erosion. No
ruts were observed that would lead to rill development and long-term erosion. Based
on the results of the USFS study and the general flat conditions of the trail, the event
caused a low to negligible level of disturbance to all but one site in question.
ERO's assessment of the soil and riparian damage assessment(Jarnecke 2014)found
that it did not establish the event as the sole source of disturbance to the trail as
documented post-event and did not demonstrate a change in baseline conditions that
would lead to increased erosion and rutting. The assessment asserts that moisture
significantly affects rutting and compaction, but the event occurred pre-monsoon and
only .068 inch of rain fell within the month after the event and only 0.26 inch within 2

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weeks after the event. The assessment does not address baseline and ongoing damage,
particularly to riparian areas,from horses and livestock that use the canyon.

SPECIFIC SITE OBSERVATIONS


ERO cultural resource principal investigator Sean Larmore and ERO biologist Emily
Thorn visited five of the original eight sites on June 4,2015 accompanied by local
Blanding archaeologist Winston Hurst. Fieldwork authorization was provided by the
BLM on June 2,2015. Mr. Hurst has been practicing archaeology since the 1970s and
is considered the preeminent expert on the archaeology of southeast Utah. ERO senior
archaeologist Dr. Kathy Croll visited the remaining three sites on June 15, 2015.

42SA29895(Trail End Site):


The ADIA report asserts that "structural stones and artifacts, were dislodged, moved,
or broken as a result of being driven over. This damage resulted in the alteration ofthe
entire archaeological context of the cist. In addition, archaeological resources in the
portions of the trail into which the cist extends, part ofthe larger archaeological
context, also were damaged as a result of being driven over"(McCallister et al.
2014:74).
Site Assessment. The cist is located entirely within the San Juan County Water
Conservancy District's Title V FLPMA right-of-way(ROW)which provides access
for pipeline maintenance. Mr. Shumway also uses this ROW to access his mineral
rights in the canyon. The ROW has been in existence since at least 1986 when ROW
Grant No. U42412 was issued. Therefore, any potential impacts to the archaeological
site have been occurring for nearly 30 years.
Damage Assessment: Observations by ERO indicate that no new impacts occurred to
the site as a result of the 2014 event. The sandstone slabs that outline the cist are still
in place; no artifacts were observed. The assessment by ADIA that the "entire
archaeological context" of the cist was damaged is unsupported from surface
observations. ADIA's assessment that "archaeological resources in the portions of the
trail into which the cist extends" were damaged is, again, completely unsupported
since no archaeological deposits other than the cist itself have been documented at the
site and ADIA has not conducted any subsurface analysis to definitively determine if
subsurface artifacts exist.
Furthermore, no erosion has occurred that could potentially affect the integrity of
subsurface cultural deposits, if they exist. The hard, compact sediments overlying the
feature have served to protect the site from impacts, including horizontal and vertical
displacement. The archaeological integrity and archeologic context of the site did not
change as a result of being driven over during the event(Figures 1 and 2).

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As the Trail End site(42SA29895)is located within San Juan County Water
Conservancy District's ROW,which is subject to repeated impacts such as vehicle and
OHV traffic unrelated to the event, the site should be removed from repair and
restoration consideration in its entirety.

Figure 1. Storage cist (left of folding tape measure) within the ROW ofthe pipeline
easement. Note recent tire track along the right side of the photograph. Photo taken
June 4, 2015. Arrow points to buried sandstone slab still in situ.

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Figure 2. View of Trail End Site(42SA29895) similar to Figure 3 in the ADIA report.
June 4, 2015. Arrow points to feature.

42SA27008(North End Site):


This site is no longer being considered for repair and restoration because the damage
to the site occurred as a result of trail building in 2005. The site was analyzed and
assessed in the 2008 damages report by ADIA's precursor organization ARI.

42SA26998(Beaver Pond Site):


The ADIA report asserts that "portions of the artifact scatter outside of the existing
trail exhibiting new OHV tracks were clearly damaged by being driven over. This
damage resulted in alteration of the context of the artifact scatter. In addition, the
portions of the artifact scatter within the existing trail also were damaged in this same
way by being driven over"(McCallister et al. 2014:77).

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Site Assessment: The site was documented in 2006 by a cultural resource management
firm under contract with the BLM to identify and evaluate cultural resources within
the Recapture Canyon(Keller 2007). This site consists ofa dispersed surface artifact
scatter. The original site recording in 2006 documented all of the artifacts and
potential features up slope of the trail and outside the area of alleged impact. No
artifacts or features were shown on the eastern side ofthe OHV trail or within the trail
itself at the time of initial documentation by Keller(2007).
Damage Assessment: Very few artifacts(<10) were observed within the OHV trail
during the 2015 ERO site visit. Based on the lack of artifacts documented within the
trail in 2006, it appears that postdepositional sheetwash is actively redepositing
artifacts within the trail from up slope and are therefore not in their primary
archaeological context.
There was no evidence of OHV use within or outside of the trail within the site
boundaries during the 2015 ERO visit. No artifacts observed showed signs of
postdepositional breakage, such as refit sherds or flakes in close proximity, as would
be expected with OHV tread damage(and is consistent with sheetwash redeposition).
ADIA also did not document any postdepositional breakage of artifacts. None ofthe
surface OHV tracks documented by ADIA outside ofthe trail in 2014 were visible in
2015 and vegetation visible in photos from the ADIA 2014 site visit is larger and
therefore unaffected from the 2014 event(Figure 3). OHV ruts within the trail were
very shallow to nonexistent during the 2015 ERO site visits indicating very low levels
of disturbance(USDA 2008). No evidence of rill development within or as a result of
the OHV trail was observed. Accordingly, the site visit did not show that the site
experienced any "damage" in the form of alteration ofthe "archeologic context."
Additionally, some of the areas documented by ADIA appear to be outside of the site
boundary and would be irrelevant to repair and restoration damages. Evidence of
minimal horse and foot traffic was also visible during the 2015 site visit.

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Figure 3. Overview from south end of site 42SA26998, view to the north (similar to
Figure 47 from the ADIA report). Note the return to natural conditions including the
regrowth of vegetation within trail. Photo taken June 16, 2015.

42SA30999(Boulder Rockfall Site):


The ADIA report provides a presumptive assessment of damages that allegedly
occurred to this site. The report states that "[C]omponents ofthe cist, including
structural stones and artifacts, were dislodged, moved,or broken as a result of being
driven over. This damage resulted in alteration of the entire archaeological context of
the cist. In addition, archaeological resources in the portions of the trail into which the
cist extends, part of the larger archaeological context, also were damaged as a result of
being driven over."(McCallister et al. 2014:74). Note that the aforementioned
assessment by ADIA is the identical language used for their assessment of the Trail
End site above.
Site Assessment: This site has not been officially documented by the BLM and no
previous narrative description of the site is available. The earliest documentation of
the site received by ERO is a photograph ofthe possible cist and soil stain taken by the
BLM on May 19, 2014 after the OHV event. The photograph shows a possible

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sandstone alignment consisting oftwo partially buried pieces of tabular sandstone and
a dark soil stain adjacent and north of the alignment. Another partially buried piece of
tabular sandstone in a parallel alignment is located approximately 1 meter south of the
longer alignment(Figure 4).

Figure 4. Overview of Site 42SA30999, view to the east/southeast(similar to Figure 6


from the ADIA report). Photo taken June 16, 2015.
Several additional observations of the site were made during the 2015 ERO site visit.
The site is located in an area with abundant partially buried and surface tabular
sandstone and cobbles. Cobbles appear to be actively eroding down the slope to the
east of the trail and from the slope to the south of the site within the trail, and apart
from the presence of a possible soil stain, the "cist" slabs look consistent with
naturally occurring broken bedrock (Figure 5).

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Figure 5. Site 42SA30999. Overview of alleged feature and surrounding context, view
to the south.
Damage Assessment: In consideration of criteria under ARPA,it is ERO's opinion
that the BLM has not demonstrated that the features of the site are "material remains."
As such, ERO fmds that there is no cause for repair and restoration damages.
Subsurface testing is required to determine ifthe "site" is a material remain and, since
soil stains are not automatically considered of archeologic interest under the CFR
regulations, further analysis is needed to determine whether the feature is of
archaeological interest. Without formal documentation and testing it would be
spurious to assign any repair and restoration damages.
ADIA's assertion that archaeological deposits were damaged by being driven over is
entirely unsupported given the lack of evidence that this site is an archaeological
material remains. Furthermore, to assert that the archaeological context surrounding
the "cist" was damaged, when no archaeological deposits exist adjacent to the "cist,"
is incorrect. To assign a calculated damage area to this site would be highly
speculative given that is of uncertain human origin.

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42SA31000(Brown's Canyon Trail Site):


The ADIA report provides BLM photographic documentation demonstrating that at
least one stone within the feature was moved approximately 2 feet as a result of the
event. Photos of the cist taken on April 30,2014 prior to the event and a photo taken
after the event were provided within the ADIA report(McCallister et al. 2014:70-71).
The ADIA report asserts that "this structural stone was an integral component ofthe
stone lined cist and because artifacts in the cist were dislodged, moved, or broken as a
result of being driven over, this damage resulted in alteration of the archaeological
context ofthe entire cist"(ibid:77-78).
Site Assessment. This site has not been officially documented by the BLM and no
narrative description of the site was received by ERO. The earliest documentation of
the site received by ERO is a photograph of the cist and soil stain taken by the BLM
on March 8, 2011. The photograph shows two roughly perpendicular, mostly buried
upright sandstone slabs and approximately five surficial sandstone cobbles adjacent to
and within the area of the two upright slabs. The ADIA report asserts that a cobble on
the surface, allegedly associated with the feature, was displaced as a result of the
event; however, cobbles would not normally be associated with a buried storage cist
and it remains questionable that the cobble is cultural in origin. An undated sketch
map shows the cist and a small soil stain with artifacts and burned stone directly north
ofthe cist. A shallow drainage running southwest to northeast is located northwest of
the cist. The cist was covered in November 2014 by placing tree branches and brush
on top (Figure 6). Very little could be seen of the cist during the 2015 ERO site visit.
Additionally, OHV ruts within the trail were very shallow to nonexistent during both
the 2014 visit by ADIA and 2015 ERO site visit indicating very low levels of
disturbance(USDA 2008). Evidence for minimal horse and foot traffic was also
visible during the 2015 site visit.

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Figure 6. Overview of site 42SA31000, view to the southeast.


Damage Assessment: It is ERO's opinion that the stone(s) displaced during the event
were not the remains of the feature, but rather were naturally occurring stone similar to
the abundance of broken bedrock in the area. The upright slabs that define the feature
and the surface artifacts observed in association were exposed prior to the 2014 event
given the long history of the trail up Brown's Canyon. Neither the ADIA assessment,
nor ERO's reassessment ofthe site observed any recently broken artifacts.
Observations by ERO in 2015 did not indicate that that the surface soil stain was
adversely affected by the event. No erosion was evident to warrant repair and
restoration. ADIA's assessment that the archaeological context was affected by the
event is, again, entirely unsupported.
Additionally, for ADIA to assert that artifacts "in the cist" were damaged, when in fact
it has not been demonstrated that the cist contains archaeological deposits(most were
emptied prehistorically before being abandoned),is speculative and unsupported.
Although it appears that at least one upright cist slab was likely driven over, it has not
been demonstrated that the event adversely affected the cist's physical integrity. It is
entirely likely the cist, stain, and any artifacts in existence have been subject to
numerous impacts from historical use ofthe trail.

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Although the actual feature was not observable since being covered with brush by the
BLM,no observed artifacts showed signs of postdepositional breakage, such as broken
sherds or flakes, as would be expected with OHV tread damage. It is ERO's opinion
that the BLM has not demonstrated that alleged cist was actually damaged from being
driven over. Similar to the Trail End site, the type of sediments within the feature have
effectively sealed the contents from disturbance, should any cultural deposits actually
exist within the cist.
Regardless, any repair and restoration damages should be limited to the footprint of
the feature. ERO finds that the calculated damage area of 187 square feet is excessive
given the size ofthe feature.

42SA29889(Above the Rocky Drainage Site):


The ADIA report asserts that the western portion ofthe cist was driven over during the
2014 OHV event and that surface rocks purported to be in association with the cist
were damaged by being turned over(McCallister 2014:75).
Site Assessment: Assuming that a portion of the cist was driven over during the 2014
event,(Figure 7)ERO disputes the association ofthe "surface cobbles" with the cist.
Cists are comprised of an arrangement of upright slabs usually almost entirely buried
by sediments. Sandstone rocks that are not slabs would not typically be found in
association with cists they would have no known function. The ADIA report further
asserts that "artifacts in the cist were dislodged, moved, or broken as a result of being
driven over, this damage resulted in alteration of the archaeological context of the
entire cist"(emphasis added)(McCallister 2014:75). Similar to the their assessment
of the Brown's Canyon site, ADIA conjectures that, 1)artifacts are indeed buried
within the cist and 2)that being driven over somehow results in damage. These
assertions are hypothetical and entirely unsupported.
Damage Assessment: It is ERO's opinion that the 2014 event did not result in damage
to an archaeological resource. The cist was already exposed prior to the event and
being driven over did not alter the feature's physical or archaeological integrity. No
artifacts were found in association to support ADIA's hypothesis that artifacts buried
within the cist were damaged by being driven over. Archaeological excavation of
cists has demonstrated that cists are typically devoid of artifacts or archaeological
deposits and typically do not contain information of scientific interest. Subsurface
testing is necessary to demonstrate whether deposits of archaeological interest are
present.

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The ADIA report does not empirically demonstrate that the event damaged the feature
(cist) that comprises the site. Similar to other sites with these type of features (Trail
End and Brown's Canyon), most of the cist remains buried and the type of sediments
serve to seal the contents to an extent that being driven over does not affect
archaeological integrity.
In addition, assuming damage did occur, the area for repair and restoration
recommended by ADIA is excessive and should be limited to the extent of the
features.

Figure 7. View of the cist covered by juniper limbs by the BLM.Photo taken June 4,
2015. Note that the visible components of the cist are entirely outside of the trail.
Arrow points to partially buried cist slab.

42SA29890(Ledge Architecture Site):


The ADIA report asserts that the event drove over artifacts resulting "in alteration of
the context of the artifact scatter"(ibid:75). This site is described as a surface artifact

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scatter that is part of a larger architectural site located along and at the base of the cliff
behind the site.
Site Assessment: Observations by ERO in 2015 indicated a light, diffuse artifact scatter
across the bench with no visible features within the trail (Figure 8). The artifact
scatter likely represents the remains of a generalized activity area associated with the
architectural portion of the site along the base ofthe cliff. The possible charcoal
stain identified by ADIA was not observed by ERO or Mr. Hurst.
Damage Assessment: ADIA has not conducted the necessary subsurface analysis to
prove the charcoal stain is a material remain protected under ARPA. Additionally, as
discussed above, surface artifacts scatters often have deflated archeologic integrity and
context due to movement of artifacts from postdepositional processes. Accordingly,
without pointing to specific damage of specific artifacts the archeologic context was
not altered and no damage occurred to the site.

Figure 8. View of the Ledge Architecture site on June 4, 2015. Note the slight swale
leading to the shallow drainage demonstrating the past effects of trail improvement in
2005 or earlier.

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42SA29893(Steep Hi11 Site):


The area of consideration under the ADIA report is the alleged damage to Areas C,D,
and E; areas A and B (Figure 9) were subject to damage during the 2005 event and are
not considered further here. At the time of field assessment by ERO,it was not known
that Areas A and B were excluded from repair and restoration damages. ERO did not
identify Areas C-E while in the field such that no photos were taken.
Site Assessment: Of all the sites that were driven over during the 2014 event, the Steep
Hill site was most susceptible to damages. The susceptibility of this site to potential
damage is due to the steepness of the trail gradient, the number of trail curves, and the
type of archaeological deposits. It is ERO's opinion that the 2014 event resulted in
effects to near surface archaeological deposits as reflected in the charcoal staining
identified at Areas C and D. Damages may have occurred as a result of the event.
Consistent with ERO's assessment related to other sites, the BLM has not
demonstrated that these sediment stains are of archaeological interest.
Damage Assessment: Without a larger context and through scientific methods, it is
unknown whether these sediment stains that comprise Areas C and D would provide
information of scientific interest and therefore cause for repair and restoration
damages. Furthermore, sediment stains are not defined "material remains" under
ARPA and are generally not considered archaeological resources. Fire-cracked rock
does not have scientific interest other than their representation that they were subject
to a thermal event. Sediment staining is usually the byproduct of hearth or roasting pit
clean-out and are, by their very nature, without context since these sediments are no
longer associated with an archaeological feature. Damage Area E is represented by a
single possible artifact that requires independent verification. Based on the photo of
the artifact in the ADIA report, the artifact does not appear to be of human origin and
may not be "material remains".
The extent of Areas C and D that would warrant repair and restoration is unknown
without further analysis of their archeologic interest and extent. Without further
analysis any damages would be speculative.

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Figure 9. View ofthe Steep Hill site Area A. Note that the trail in this section is
relatively flat and not susceptible to long-term erosion. Note the considerable foot
traffic that recently took place and the rill that extends through the midden deposits
(Area B). Photo taken June 4, 2015.
Damage Assessment:
A field visit by ERO archaeologists in June 2015 found negligible to minor effects to
the sites in question. It is apparent that OHV traffic likely related to the event
occurred within the boundaries ofthe sites in question. What is disputed is:
1) whether all ofthe "sites" driven over are material remains and therefore
archaelogical resources protected by ARPA;
2) whether the event caused new effects that changed their baseline conditions or
caused cumulative effects from erosion, for example. Except for the Steep Hill site
(42SA29893), it is ERO's opinion that no new effects were incurred as a result ofthe
event. In three cases, 42SA26998(Beaver Pond),42SA30999(Boulder Rockfall), and
42SA29890(Ledge Architecture), ADIA has either not demonstrated ARPA criteria

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that the sites in question are material remains or that the features suffered any damage.
A fourth site, 42SA29895 (Trail End), should be removed entirely from repair and
restoration consideration since the site is located within the San Juan County Water
Conservancy District ROW. The sediment stains at the Steep Hill and Ledge
architecture sites are not considered archaeological resources as defined under ARPA
and should not be considered for repair and restoration. The cists located at the Above
the Rocky Drainage and Brown's Canyon sites are protected by being mostly buried
and did not sustain new damage that changed their baseline conditions. In every case,
there was no effort made to determine whether any subsurface cultural deposits
actually exist or were damaged as a result of the event(McCallister et al. 2014:6-7).
As ADIA states in its report,"damage ateas were ridden over by rubber tired OHV's"
and "any new subsurface damage can only be characterized as minimal"(ibid:90).
ERO concludes ADIA's report is largely baseless in its assessment of damages by
simply stating that damages occurred without reference to standard archaeological
methods that evaluate context and integrity. ADIA's report does not discuss historical
processes that have affected the baseline conditions ofthe archaeological sites at the
time of the event. Many oftheir lines of evidence, such as artifacts "were dislodged,
moved, or broken as a result of being driven over were not or cannot be
demonstrated, or that archaeological deposits were affected subsurface is, or there was
soil or riparian resource damage, again, not demonstrated by their work. Their work
does not reference any scientific study that evaluates the potential effects of OHV use
against archaeological deposits. Simply acknowledging that the archaeological sites
were ridden over does not demonstrate damage and the necessity for repair and
restoration.

References Cited:
Black, Pete
2015 Personal communication to Sean Larmore, ERO Resources, regarding
the history ofthe trail in Brown's Canyon.
High Country News(HCN)
2014 A reluctant rebellion in the Utah Desert. May 13.
Keller, Donald R.
2007 Recapture ATV Trails Archaeological Survey. Prepared for the Bureau
of Land Management, Monticello Field Office, by Cultural Sites
Research and Management, Baltimore, Maryland.

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McCallister, Martin E., J.E. Moriarty, D.E. Griffel, J.J. Hutira, and B.G. Kober
2014 Revised Final Archaeological Damage Assessment Report:
Unauthorized Damage to Archaeological Resources at Eight
Archaeological Sites on Bureau ofLand Management Lands in
Recapture Canyon in the Vicinity ofBlanding, San Juan County, Utah.
Prepared for the Bureau of Land Management, Utah State Office, by
Archaeological Damage Investigation and Assessment, an affiliate of
Northland Research, Inc.
McPherson, Robert S.
1995 A History ofSan Juan County: In the Palm ofTime. Utah Centennial
County History Series. Prepared for the Utah State Historical Society.
Robbins, Jesse T.
2015 Archaeology and the Cow: Understanding Effect in the Angell Grazing
Allotment. Unpublished Master's Thesis submitted to the Department
of Anthropology, Northern Arizona University, Flagstaff
Schiffer, Michael B.
1996 Formation Processes ofthe Archaeological Record. University of Utah
Press, Salt Lake City.
United States Department of Agriculture(USDA)
2008 Effects ofAll-Terrain Vehicles on Forested Lands and Grasslands.
Prepared by the USDA Forest Service, National Technology and
Development Program.
Waters, Michael R.
1992 Principles ofGeoarchaeology: A North American Perspective. The
University of Arizona Press, Tucson.

{00811600-1 }

ERO
Resources
Commotion

EXHIBIT B

SEAN LARMORE,M.A.
Cultural Resources Manager/Principal
ERO Resources Corporation
1015 Y2 Main Avenue
Durango, Colorado
(970)422-2136(office)
(970)749-6446(cell)
Education
2005 NEPA Survey Seminar conducted by ETCI,Inc.
2002 M.A. Anthropology, University of Denver, Colorado
1997 B.A. Anthropology, Fort Lewis College, Durango, Colorado
Experience Summary
Sean Lannore has been involved in cultural resource management since 1996, and has served as
the cultural resource manager at ERO since 2005. He is responsible for all facets of cultural
resource compliance projects, including serving as the primary contract manager and point of
contact, developing work plans, coordinating and consulting with clients and regulatory agencies,
and maintaining quality assurance and control. He has worked on over 200 cultural resource
projects and has managed about 175 projects.
Sean's expertise extends to both National Environmental Policy Act(NEPA)and National
Historic Preservation Act(NHPA)compliance. Specifically, his experience includes evaluating
and defining an undertaking's area of potential effect; preparing assessment of effect
correspondence on behalf of agency clients; conducting Native American consultation and
coordination; developing historic property treatment plans; and implementing cultural resource
inventories, evaluative testing, and mitigation, including Historic American Building Surveys and
Engineering Records(HABS/HAER). He has provided litigation support under the NHPA.
Representative NEPA projects have included environmental assessments and environmental
impact statements(EA/EIS)for the Bureau of Reclamation (Reclamation), National Park Service
(NPS), Bureau ofLand Management(BLM),USDA Forest Service(USFS), Fish and Wildlife
Service(USFWS),U.S. Army Corps ofEngineers(Corps), and Rural Development. Clients also
include cities, counties, municipalities, and utilities. These projects have entailed preparing
cultural resource-related sections of NEPA documents, impact assessments, historic property
identification, National Register of Historic Places(NRHP)evaluation, and Native American
consultation. He currently manages indefinite delivery/indefinite quantity contracts with the
NPS, Western Area Power Administration, the Federal Highway Administration, Central Federal
Lands,the USFS,La Plata County, and Colorado Springs Utilities.
Sean has managed projects and/or holds federal and state principal investigator permits to
conduct archaeological investigations in Arizona, California, Colorado, the Dakotas,Idaho,
Montana, Nebraska, New Mexico, eastern Nevada, Oklahoma, Utah, and Wyoming. He has been
permitted with the Southern Ute Indian Tribe and currently holds a permit with the Navajo
Nation. ERO also retains a blanket permit for Region 2 for the USFS and routinely qualifies for
project specific permits for Regions 1, 3, and 4. ERO is a prequalified contractor for Reclamation
(Eastern Colorado and Albuquerque offices), NPS,and with the BIA Southwest and Plains
regions.

PROJECT EXPERIENCE: SECTION 106 AND NEPA COMPLIANCE


(Listed alphabetically by state and most current)
National Park Service Environmental Assessment
Great Sands National Park and Preserve, Colorado(on-going).
Principal Investigator for cultural resources, responsible for preparation of cultural resource
sections for the EIS in advance of a park-wide ungulate management plan .
Rocky Mountain National Park, Colorado (2014-15).
Principal Investigator for cultural resources, responsible for preparation of cultural resource
sections for the EA in advance of trail rehabilitation.
Pea Ridge National Military Park, Arkansas (2013).
Principal Investigator for cultural resources, responsible for preparation of cultural resource
sections for the EA in advance of proposed vegetation management plan initiatives intended to
restore the military park to approximate 1862 Civil War battle environment.
Rehabilitation of Main Park Road Environmental Assessment, Padre Island National
Seashore (2012-13). Principal Investigator for Cultural Resources Responsible for preparation
of cultural resource sections for the EA in advance ofroad improvements to Park Road 22 and
Bird Island Basin Road. Effects to the Novillo Line Camp cultural landscape were considered.
Generals Highway Rehabilitation Environmental Assessment, Sequoia-Kings Canyon
National Park, Tulare and Fresno Counties, California (2011-12). Principal Investigator for
Cultural Resources Responsible for effects analysis, assisted in the development of the
programmatic agreement, SHPO consultation, and preparation of cultural resource sections for
the EA in advance of improvements to Generals Highway, Deer Ridge to Wolverton Road, and
Wolverton Road to Wolverton Trailhead.
Rim Drive Rehabilitation Environmental Assessment, Crater Lake National Park, Oregon
(2011-13). Principal Investigator for Cultural Resources Responsible for effects analysis,
assisted in the development of the programmatic agreement, SHPO consultation, and preparation
of cultural resource sections ofthe EA in advance ofimprovements to the 29 miles ofRim Drive.
Proposed improvements include repaving, widening, parking lot improvements, stabilization of
historic road structures, and rock scaling.
Black Rock Campground Rehabilitation Project Environmental Assessment, Joshua Tree
National Park, California (2011-12). Principal Investigator for Cultural Resources
Responsible for effects analysis, SHPO consultation, and preparation of cultural resource sections
for the EA.
Kolob Terrace Road Improvement Project Environmental Assessment,Zion National Park,
Washington County, Utah (2011). Principal Investigator for Cultural Resources Responsible
for the field inventory of6.5 miles of road, effects analysis, SHPO consultation documents, and
preparation of cultural resource sections for the EA.
Sheephead Bridge Replacement Project Environmental Assessment, Assateague National
Seashore, Accomak County, Virginia (2011). Principal Investigator for Cultural Resources
Responsible for effects analysis, SHPO consultation, and preparation of cultural resource sections
for the EA.
Nisqually to Paradise Road Improvement Project Environmental Assessment, Mount
Rainier National Park, Washington (2011). Principal Investigator for Cultural Resources
Provided cultural resource support in preparation of cultural resource sections for the EA.

Law Enforcement Headquarters Building Replacement Project Environmental Assessment,


Padre Island National Seashore, Texas (2011). Principal Investigator for Cultural Resources
Provided cultural resource support in preparation of cultural resource sections for the EA.
New Pedestrian Bridge and Parking Facilities Project Environmental Assessment, Fort
Larned National Historic Site, Kansas (2011). Principal Investigator for Cultural Resources
Provided cultural resource support in preparation of cultural resource sections for the EA.
Visitor Center/Administration Building Rehabilitation Project Environmental Assessment,
Joshua Tree National Park, California (2009-10). Principal Investigator for Cultural
Resources Responsible for effects analysis, con, and preparation of cultural resource sections
for the EA.
Federal Highway Administration-Central Federal Lands Highway Division
FHWA Tribal Transportation Program
Cultural Resources Lead - Under an IDIQ contract with FHWA-Central Federal Lands
Division, responsible for adequacy review and evaluation of Section 106 compliance
documents produced by consultants for tribal governments and submitted to FHWA as
part of the NEPA process. To date, 29 task order reviews have been completed under this
IDIQ.

Arizona
Cultural Resource Survey, Highway 89a Forest Highway Improvements between Sedona
and Flagstaff, for the Coconino National Forest and the Federal Highway Administration
(2012-13). Principal Investigator responsible for all project components including client
communication and coordination; scope and cost development; survey implementation, and
report preparation.

California
Tryon Bridge Replacement Project, Del Norte County,CA
Principal Investigator/Field Director Conducted survey of bridge replacement and approach
redesign for the FHWA,California State Parks, Six Rivers National Forest, and Del Norte
County. Supervised field survey, exploratory shovel testing, and tribal coordination following
identification of an ancestral Tolowa village.(2013-2014)
Cultural Resource Mitigation Excavation, Beckwourth to Genesee Project(CA-DNO-1997,
CA-DNO-2763, and CA-DNO-1998),Del Norte County,for the Federal Highway
Administration and the Plumas National Forest(in progress). Principal Investigator
Responsible for the development of a historic properties treatment plan for a prehistoric
archaeological site (1997), a historic lumber mill(2763), and the Historic American Engineering
Record for a historic lumber railroad (1998)in advance of forest road improvements. Work
began in Fall 2012 and will continue through spring 2013.
Cultural Resource Mitigation Excavation, CA-DNO-1028,Del Norte County, California for
the Federal Highway Administration (2011-12). Principal Investigator Responsible for the
evaluative testing, development of a mitigation plan, and the mitigation excavation of an ancestral
Tolowa site along the South Fork ofthe Smith River. Project involved systematic shovel testing
and controlled excavation units during the testing phase. Execution of the mitigation plan
involved geoarchaeological investigations, geophysical survey, ethnographic interviews, and
block excavation within the area of direct effect. ERO worked closely with the Tolowa Elk
Valley and Smith River Rancherias during the testing phase, preparation of the mitigation

excavation plan, and during excavation. Excavation provided significant information on the
cultural history of northwest California since at least the Middle Period, upriver settlement
patterns, and trade relations. Project conducted under multiple task orders issued by the FHWA.
Cultural Resource Evaluative Testing, Beckwourth to Genesee Project, CA-PLU-2778/H
and CA-PLU-2425/H,and Resource Documentation, Plumas County, California for the
Federal Highway Administration and the USDA Forest Service, Plumas National Forest
(2010-11). Principal Investigator Responsible for the evaluative testing of two prehistoric
components, reevaluation and documentation of the associated historic logging and railroad camp
components, identification and evaluation of the historic stagecoach alignment, ground truthing
of the Clover Valley Lumber Company railroad and documentation of a CCC culvert. Project
involved systematic shovel testing, controlled excavation units, GPS documentation, and archival
research. A mitigation plan has been developed for anticipated adverse effects to historic
properties and is currently under review by the California SHPO.
Cultural Resource Evaluative Testing, Beckwourth to Genesee Project, CA-PLU-1997/H,
Plumas County, California for the Federal Highway Administration and the USDA Forest
Service, Plumas National Forest(2009). Principal Investigator Responsible for the evaluative
testing of a prehistoric site located on Plumas National Forest lands. Project involved systematic
shovel testing and controlled excavation units. Site was determined eligible for the NRHP and is
the subject of on-going mitigation excavation.
Cultural Resources Effects Analysis for Stirling Power's Solar One Transmission Line
Project, San Bernardino County, California,for Ecosphere Environmental Consultants
(2008). Principal Investigator Responsible for the cultural resources overview and preliminary
effects analysis for 60 miles of new transmission line.
ERFO Lower Trinity and Orleans, Six Rivers National Forest, Humboldt and Siskiyou
Counties, California for the Federal Highway Administration and the USDA Forest Service
(2007),Principal Investigator and Project Archaeologist Class III inventory of 11 road
rehabilitation projects in northern California. Responsible for all facets of the project including
inventory and report preparation.
Addendum Cultural Resources Report, California Forest Highway 169, Old Bluff Road,
Plumas County, California for the Federal Highway Administration and the USDA Forest
Service (2007). Principal Investigator and Project Archaeologist Geoarchaeological
investigation of site CA-PLU-227.
Buchanan Road/Fish Hatchery Road Project, Tuolumne County, California for the Federal
Highway Administration (2006-07). Principal Investigator and Project Archaeologist Class
III inventory of200 acres on BLM and USFS lands in advance of road improvements.
Conducted all field inventory and responsible for all facets of the cultural resource portion of
project implementation and completion, including Native American consultation.

Colorado
Rocky Mountain National Park,Flattop Mountain Trail Survey and Documentation of the
Flattop Mountain Game Drive System (2014). Principal Investigator Responsible for contract
management and field supervision during the (re)documentation of the Flattop Mountain Game
Drive system (5LR6), the largest game drive system in the southern Rocky Mountains.
FY2014 Hazardous Fuels Mitigation Project,Pike National Forest, CO (2014-15).
Principal Investigator Responsible for the development of a survey strategy plan, cultural
resource inventory, and report preparation for the Class II and Class III survey of 10,546 acres.

FY2013 Hazardous Fuels Mitigation Project, Pike National Forest, CO (2015).


Principal Investigator Responsible for the development of a survey strategy plan, cultural
resource inventory, and report preparation for the Class II and Class III survey of29,700 acres.
Draft Report Accepted.
Tennessee Creek II Hazardous Fuels Mitigation Project, San Isabel National Forest, CO
(2013-14). Principal Investigator Responsible for the development of a survey strategy plan,
cultural resource inventory, and report preparation for the Class II and Class III survey of 3,716
acres in Lake County. Fieldwork began fall 2013 and will continue in 2014.
Xcel Energy's Rifle to Parachute 345 kV Transmission Line, Garfield County, CO.Principal
investigator, responsible for all facets of the cultural resource survey of 3,192 acres of BLM
Colorado River Valley Field Office and private lands. Responsible for the cultural resource
analysis in the EA including a visual effects analysis along the proposed transmission line
corridor.
Unmarked Cemetery Mitigation Project, La Plata County, CO.Principal investigator,
responsible for the emergency location and excavation of unmarked burials discovered during
construction; laboratory analysis and report preparation; and coordination for reburial between
the Southern Ute Indian Tribe, county coroner, and the Ignacio School District.(2013-14).
Olathe/Neil Subdivision Water System Improvement Project, Delta County, Town of Olathe
and Army Corps of Engineers Grand Junction Regulatory Office (2012). Principal
Investigator Responsible for client and agency coordination, definition of the APE intensive
level survey, and report preparation. The cultural resource survey assisted the town of Olathe with
compliance under Section 404 ofthe Clean Water Act.
Xcel Energy's Grand Valley to Cameo Transmission Line(Phase I) and Palisade to
Shoshone Transmission Line (Phase II) and Access Road Surveys, Garfield and Mesa
Counties,for the Bureau of Land Management, Grand Junction and Colorado River Valley
Field Offices, Colorado Department of Transportation, and the USDA Forest Service,
White River National Forest(2011-12). Principal Investigator Responsible for the survey of
111 miles of transmission line not excluded by private property for a repermitting environmental
assessment. The two-phased project resulted in the documentation or reevaluation of96 cultural
resources. The project required close coordination with three federal agencies and one state
agency and undertook the effort to secure rights of entry to the hundreds of private landowners
along the project corridor.
Farmers' Highline Canal Headworks Rehabilitation, Cultural Resource Survey and Level
II Historic Resource Documentation, Army Corps of Engineers Denver Regulatory Office
and Deere and Ault Engineers (2012). Principal Investigator Responsible for client and
agency coordination, coordination on level of effort, MOA assistance, and survey and Level II
report. ERO documented the extensive headworks associated with the FHC,recommending that
Level I documentation was sufficient mitigation documentation. The SHPO disagreed and
subsequently was tasked to complete ERO Level II documentation, including a narrative history,
high resolution digital photographs, and using existing condition drawings in lieu of new scaled
drawings.
Anderson Ditch/Columbia Cemetery Geophysical Survey for the City of Boulder and GEI
Consultants(2012). Principal Investigator Responsible for client coordination, development of
the level of effort and approach, subcontractor coordination, and report preparation. ERO
conducted the ground penetrating radar(GPR)survey, the results of which were interpreted and
reported by Dr. Derek Hamilton. A resistivity survey and report was conducted by Ms. Mona
Charles. The results provided the City of Boulder with data to avoid potential unmarked graves

during rehabilitation ofthe Anderson Ditch. ERO also recorded the segment ofthe Anderson
Ditch.
Strontia Springs Reservoir Security Barrier Project,Pike National Forest, Colorado for
Denver Water (2012). Principal Investigator Responsible for client and agency coordination,
intensive level survey, and report preparation. ERO documented a segment of the Denver South
Park & Pacific railroad, which was converted to the access road for the reservoir.
Waldo Canyon Fire Rehabilitation, El Paso County,for Colorado Springs Utilities and the
Pike National Forest(2012). Principal Investigator Responsible for client and agency
coordination, preparation of work plan submitted on behalf of Utilities to the Pike National
Forest, and sample and intensive level surveys. The emergency slope stabilization work required
an accelerated project schedule. ERO facilitated the emergency work by devising a phased
approach and working with the Forest to submit abbreviated documentation to enable an
accelerated compliance review timeframe. Utilities was able to initiate work on schedule and
mitigate impacts to Colorado Spring's water supply before the onset of winter conditions.
Southern Delivery System EIS,Section 106 Compliance, El Paso County,for Colorado
Springs Utilities and the Bureau of Reclamation Eastern Colorado Area Office (2010-2014).
Principal Investigator Responsible for client and agency coordination, review of area of
potential effects and programmatic agreements, cultural resource inventory, and report
preparation. ERO has been assisting Utilities with Section 106 compliance in areas ofthe project
that were not included under the original NEPA boundary, including overhead and buried
transmission line alignments, sanitary sewer and finished water pipeline alignments, facility
footprints, and road realignment. All work conducted under an IDIQ with Colorado Springs
Utilities.
Arkansas Valley Conduit Environmental Impact Assessment,Pueblo,Bent, Crowley,
Powers, and Otero Counties, Colorado for the Bureau of Reclamation (2013-14). Principal
Investigator, Cultural Resources Phase I responsibilities include Reclamation communication
and preparation of a Class I file and literature review and predictive model for cultural resource
impact assessment in anticipation of a Class III sample inventory ofthe preferred alternative
(approximately 240 miles of water pipeline). On-going work includes survey of geotechnical
boring locations and coordination with interested parties on behalf of Reclamation.
City of Blackhawk Environmental Assessment, Gilpin County,for the U.S. Army Corps of
Engineers(on-going). Principal Investigator Responsible for the development of the area of
potential effect, agency and SHPO coordination, and the inventory and report preparation for
three proposed reservoirs, diversion points, pump stations, and water pipeline. Blackhawk
intends to develop new water infrastructure to meet long-term needs.
FY2011 Hazardous Fuels Mitigation Project, Park,Jefferson,Douglas,El Paso, and Teller
Counties,for the Pike-San Isabel National Forests(2011-12). Principal Investigator
Responsible for the development of a survey strategy plan, cultural resource inventory, and report
preparation for the Class II and Class III survey of 21,937 acres. Survey resulted in the
documentation of nearly 150 cultural resources, including mining complexes, stagecoach and
historic lumber roads, ranching homesteads, CCC structures, and prehistoric archaeological sites.
Tennessee Creek Hazardous Fuels Mitigation Project, Lake County,for the San Isabel
National Forest(on-going). Principal Investigator Responsible for the development of a
survey strategy plan, cultural resource inventory, and report preparation for the Class II and Class
III survey of 1,050 acres. Survey resulted in the documentation of44 cultural resources, including
mining complexes, prehistoric archaeological sites, and World War II training sites.

Idylwilde Hydroelectric Facility Relicensing Project, Larimer County,for the City of


Loveland, Arapaho National Forest, and the Federal Energy Regulatory Commission (ongoing). Principal Investigator Responsible for client and agency communication, development
of a work plan for the National Forest, facility component documentation, and report preparation.
Project includes documentation of the reservoir, dam,pipeline and the historic Round Mountain
Trail and associated CCC structures.
Camp Elim Land Exchange,Douglas County,for Western Land Group and the Pike
National Forest(on-going). Principal Investigator Responsible for all project components
including agency coordination, cost development and budget control, methods, and report
preparation. Multiple private inholdings are being proposed for exchange with Forest holdings,
which requires Section 106 compliance. Notable cultural resources include the historic Camp
Elim and historic roads.
Level II Historic Resource Documentation,4671 Sherman Street,Denver,for Habitat for
Humanity,the Denver Office of Economic Development, and the Colorado Office of
Archaeology and Historic Preservation (2012). Principal Investigator Responsible for the
historic resource documentation of a contributing building to the Globeville Historic District.
Documentation included high resolution digital photography, measured elevation drawings, and
archival research for a historical narrative.
Cultural Resource Inventory of the City of Delta's Proposed Truck Bypass Route,Delta
County,for Parsons Brinckerhoff and the U.S. Army Corps of Engineers(2012). Principal
Investigator Responsible for developing a work plan, preliminary treatment, agency
coordination, survey, and report preparation. The City of Delta plans to reroute segments ofthe
Denver & Rio Grande Western Railroad and the Delta Ditch to accommodate a new truck bypass
alignment. ERO documented these alignments and took high resolution digital photographs in
anticipation of historic property treatment; documented the historic Delta Canning Company
building complex; and recorded unnamed ditch segments and historic residential properties
proposed for demolition.
Harvey Gap 50 kW and 400 kW Federal Energy Regulatory Application Areas, Garfield
County,for the Silt Water Conservancy District(2011). Principal Investigator Responsible
for the development of a work plan, SHPO consultation, and documentation and report
preparation. The conservancy district intends to retrofit the open Grass Valley Canal to a closed
pipeline and construct small hydro facilities. ERO completed documentation of the Grass Valley
Canal and developed a historic property treatment plan.
Catamount Fuels Reduction Project, Teller and El Paso Counties,for the Pike National
Forest(2010-11). Principal Investigator Responsible for the development of a survey strategy,
Class II and Class III inventory, and report preparation for 6,675 acres. Ofthe 76 documented
cultural resources, notable sites include the historic Rampart Range Road and Pikes Peak
Tollway, CCC road features, mining complexes, and prehistoric archaeological sites.
Sand Canyon South Trailhead Environmental Assessment, Montezuma County,for the
Bureau of Land Management, Canyons of the Ancients National Monument(2012).
Principal Investigator Responsible for all cultural resource-related project components
including client and agency communication, cost control, field inventory, and report production.
Project conducted in advance of a proposed parking lot and Sand Canyon trail extension. Survey
results include four Ancestral Puebloan sites ranging from the Basketmaker III to early Pueblo III
periods.
Suncor Pipeline Reroutes,for CH2M Hill and the U.S. Army Corps of Engineers(2011-12).
Principal Investigator Responsible for all project components including agency coordination,
cultural resource survey, and report preparation.

ARRA Trails Survey, Columbine Ranger District, La Plata County, Colorado for the USDA
Forest Service (2011-13). Principal Investigator Responsible for all project components
including client and agency communication, cost control, field inventory, and report production.
ERO completed survey of54 miles of trail, mostly within the Weeminuche Wilderness ofthe San
Juan Mountains. ERO also completed survey of the Florida River Campground and will be
recording 10 high altitude sites in 2012.
Xcel Energy's Grand Valley to Cameo Transmission Line (Phase I) and Palisade to
Shoshone Transmission Line (Phase II) and Access Road Surveys, Garfield and Mesa
Counties, for the Bureau of Land Management, Grand Junction and Colorado River Valley
Field Offices, Colorado Department of Transportation, and the USDA Forest Service,
White River National Forest(2011-12). Principal Investigator Responsible for all project
components including client and agency communication, cost control, field inventory, and report
production. ERO completed survey of a portion of the 111 miles of transmission line included in
the area of potential effect for a repermitting environmental assessment. Due to private property
restrictions, actual survey coverage was less. In sum,the two-phased project resulted in the
documentation or reevaluation of96 cultural resources.
Town of Meeker Sidewalk Improvement Project Reconnaissance Survey, Rio Blanco
County,for SGM Engineering and the Colorado Department of Transportation (2011-12).
Principal Investigator Responsible for all project components including client and agency
communication, cost control, reconnaissance survey, and report production. ERO conducted a
reconnaissance survey along Market Street/State Highway(SH) 13 to determine whether
potential historic properties abut the sidewalk. Project required close coordination with CDOT
and archival research to evaluate effects to historic properties, including SH13 and historic
structures.
Harris Ranch (5LP2722) Monitoring Project, La Plata County,for HistoriCorps and the
San Juan National Forest(2011). Principal Investigator Responsible for all project
components including client and agency communication, cost control, monitoring, and
monitoring report production. ERO provided an archaeologist during ground disturbing activities
related to property stabilization work to ensure that potential subsurface cultural deposits were
not inadvertently impacted.
Mountain Coal Company's Lease Modifications-Sunset Trail Project Area, Gunnison
County,for the Bureau of Land Management, GMUG Field Office (2011-12). Principal
Investigator Responsible for all project components including client and agency
communication, cost control, field inventory, and report production. ERO surveyed 12 proposed
drill hole locations and about 9 miles of proposed access roads in 2011 and revised access roads
and new drill hole location in 2012. Results were negative in both instances due to extreme
vegetation cover and distance from permanent water.
Oak Mesa Coal Development Project Environmental Assessment,Proposed Access Roads
and Drill Hole Locations, Delta County,for Oxbow Mining and the Bureau of Land
Management, Uncompahgre Field Office (2011-12). Principal Investigator Responsible for
all project components including client and agency communication, cost control, field inventory,
and report production. ERO surveyed 43 proposed drill hole locations and 9 miles of proposed or
improved access roads. Results were limited due to vegetation cover and distance from water,
but ERO recorded several new irrigation ditches and various isolated finds. ERO surveyed one
new drill hole location and access road in 2012.
Strickler Tunnel Rehabilitation Project, El Paso County,for Colorado Springs Utilities and
the Army Corps of Engineers(2011). Principal Investigator Responsible for all project
components including client and agency communication, cost control, field inventory and

resource documentation, and report production. ERO documented the historic Strickler Tunnel, a
water conveyance structure built around the turn of the 20th century, and conducted extensive
archival research.
JD-8 Mine Improvement and Expansion Project, Montrose County,for the Cotter
Corporation and the Bureau of Land Management, Uncompahgre Field Office (2011).
Principal Investigator Responsible for all project components including client and agency
communication, cost control, field inventory, and report production. ERO reevaluated the Opera
Box Mine and recorded two new prehistoric sites within the 20-acre project area.
Bridgewater Development Project, Weld County,for the Community Development Group
of Erie and the Bureau of Reclamation,Eastern Colorado Area Office (2011). Principal
Investigator Responsible for all project components including client and agency
communication, cost control, field inventory, and report production. Project surveyed 900 acres
for inclusion into the Northern Colorado Water Conservancy District. Notable sites include the
Boulder Valley Railroad and early 20th Century coal mining sites.
Oxy USA Logan Wash Road and Pipeline Reroutes, Garfield County,for the Bureau of
Land Management, Grand Junction Field Office (2011). Principal Investigator Responsible
for all project components including client and agency communication, cost control, field
inventory, and report production.
Oxy USA Well Pad (14 well heads), Access Road,and Pipeline Tie-in, Garfield County,for
the Bureau of Land Management, Grand Junction Field Office (2011). Principal Investigator
Responsible for all project components including client and agency communication, cost
control, field inventory, and report production.
Sutey Ranch Land Exchange Project, Pitkin County, Colorado for Western Land Group
and the Bureau of Land Management, Colorado River Valley Field Office (2011-12).
Principal Investigator Responsible for all project components including landowner
communication, cost control, field inventory, and report production related to nearly 900 acres of
inventory of a 1,800 acre area of potential effect of federal lands proposed for transfer to private
ownership.
Rural Development(RD)Funded Projects: City of Walsenburg Northlands Sewer Pipeline;
Mesa County RTD Improvements; Town of Coal Creek Water Pipeline; and City of
Leadville Parkville Water Improvement Project, Various Counties, Colorado (2010).
Principal Investigator Responsible for the planning, client and federal communication, and
implementation of file and literature reviews, Class II and Class III inventories, and report
preparation.
Southern Ute Indian Tribe(SUIT)Projects: Beaver Creek and Pine River Canal Habitat
Improvement Project and the La Plata River Habitat Improvement Project, La Plata
County, Colorado for the SUIT and Bureau of Indian Affairs Southwest Region (2010).
Principal Investigator Responsible for all facets of these small acreage projects, including client
communication, Section 106 compliance, and report preparation.
Wildcat Canyon Bridge Survey and Level II Historic American Engineering Record
(HAER)Documentation, La Plata County, Colorado for the La Plata County Engineering
Department and Army Corps of Engineers, Durango Regulatory Office (2010). Principal
Investigator Responsible for the planning and implementation of OAHP reviewed HAER
documentation. Narrative history and photographic documentation completed by ERO and scaled
drawings completed by Kasey Ford Design, LLC.

Cultural Resources Inventory and Historic Property Evaluation, Whitewater Sewer Line
Project, Mesa County, Colorado for Mesa County and the Bureau of Land Management
(2010). Principal Investigator Responsible for all project components including inventory of
the nearly 10-mile alignment, extensive research of historic road segments, the Old Spanish
Trail/Salt Lake Wagon Road, canal systems, and the documentation of a historic bridge.
Salida Land Exchange Project, Chaffee County, Colorado for Western Land Group and the
USDA Forest Service, Pike-San Isabel National Forests (2009). Principal Investigator
Responsible for all project components include landowner communication, cost control, field
inventory, and report production related to 1,244 acres of federal lands proposed for transfer to
private ownership.
Addendum,Energy Fuels Resources Pinon Mill Ridge Project, Cooper Property, Montrose
County, Colorado for Energy Fuels Resources and the Colorado Department of Public
Health and Environment(2009). Principal Investigator Responsible for all project
components for 80 additional acres ofinventory for an Environmental Report prepared for the
CDPHE,including a second phase of Native American consultation.
Howard SWD 3 Phase Overhead Power Line Environmental Assessment,La Plata County,
Colorado on behalf of the La Plata Electric Association and submitted to Reliable Power
Consultants and the Southern Ute Indian Tribe/Bureau of Indian Affairs (2008-09).
Principal Investigator Responsible for all project components including inventory of4 miles of
power line, report preparation, consultation with the BIA, and preparation of the EA.
Archaeological Mitigation of Sites 5MN8269 and 5MN8270,Energy Fuels Resources Pinon
Mill Project, Montrose County, Colorado (2008-09). Principal Investigator Responsible for
all facets ofthe project, including preparing the mitigation plan, excavation, artifact analysis, and
report preparation.
Plains Exploration & Production Company's Six Proposed Well Pad Locations and Access
Roads, Middleton and Brush Creek Units, Mesa County, Colorado for the Bureau of Land
Management, Grand Junction and Glenwood Springs Field Offices (2008). Principal
Investigator Responsible for all project components including inventory of 340 acres.
Salvador GUA#2-4 and Southern Ute Indian Tribe Well Pad Locations A#6,#8, and #9, La
Plata County, Colorado for Samson Resources and submitted to the Southern Ute Indian
Tribe/Bureau of Indian Affairs on behalf of CH2M Hill/Trigon EPC(2008). Principal
Investigator Responsible for all project components including cultural resource inventory and
individual well pad reports.
Dawson Draw Habitat Management Project, Dolores and San Miguel Counties, Colorado
for the Colorado Division of Wildlife and the Bureau of Land Management, San Juan
Resource Area (2008). Principal Investigator Responsible for all facets of the project,
including cultural resource inventory of750 acres.
Telluride Valley Floor Environmental Study, Town of Telluride, San Miguel County,
Colorado (2008-09). Cultural Resources Principal Investigator Responsible for the cultural
resource evaluation of500 acres located west of Telluride as part of a larger environmental study.
Samson Loop Pipeline Phase II, Deadhorse Compressor to South Ignacio Compressor,La
Plata County, Colorado for Samson Resources and submitted to the Southern Ute Indian
Tribe/Bureau of Indian Affairs on behalf of CH2M HilUTrigon EPC (2008). Principal
Investigator Responsible for all project components, including inventory, compliance, and
client communication for a 13-mile pipeline corridor.

Archuleta and Vigil-Abeyta Mesa Grazing Allotment Renewals, Archuleta County,


Colorado for the Bureau of Land Management,San Juan Resource Area (2008). Principal
Investigator -- Responsible for all project components, including inventory of65 acres,
compliance, and client communication.
BP America's DD,EE,and FF Units, La Plata County, Colorado for BP America and
submitted to the Southern Ute Indian Tribe/Bureau of Indian Affairs on behalf of CH2M
Hill/Trigon EPC (2008). Principal Investigator Responsible for all project components,
including inventory, compliance, and client communication.
Lynx E&M 2008 Drilling Program,San Miguel and Montrose Counties, Colorado
submitted to the Bureau of Land Management, Dolores and Uncompahgre Field Offices
(2008). Principal Investigator Responsible for all project components, including survey of 32
proposed uranium drill hole locations and access roads.
Black Hills Exploration and Production's Horseshoe Canyon Units 3-31,4-31, 1-30, 2-30, 427,6-22, and Shire Gulch Federal Unit 2-30, and Associated Access Roads, Mesa County,
submitted to the Colorado Bureau of Land Management, Grand Junction Field Office, and
TEC,Inc (2008). Principal Investigator Responsible for all project components, including
project management, quality assurance, budget control, and survey of about 223 acres.
Archaeological Investigations at the Arroyo del Arenal Site(5SH2373), Saguache County,
Colorado,for State Historic Fund Grant 2007-AS-001 (2007-08). Principal Investigator
Responsible for the grant proposal, field investigations, and report detailing the evaluative testing
of a multi-component Archaic, Woodland, Ute, Navajo, and Tewa Pueblo site within Great Sand
Dunes National Park and Preserve.
Windy Gap Firming Project Environmental Impact Statement, Grand and Boulder
Counties, Colorado, Bureau of Reclamation (2005-07). Principal Investigator for Cultural
Resources responsible for the Class I overview and quality assurance, cultural resource impact
assessment, and EIS preparation for six proposed reservoir locations.
Proposed Excess Capacity Contracts for the Arkansas-Fryingpan Project Environmental
Assessment, Lake, Pueblo, Crowley, and Otero Counties, Colorado, Bureau of Reclamation
and the City of Aurora (2005-07). Principal Investigator for Cultural Resources responsible
for the Class I overview and cultural resource impact assessment for six existing reservoirs.
Lynx E&M 2007 Drilling Program,San Miguel County, Colorado, submitted to the Bureau
of Land Management,Dolores Field Office, on behalf of Lynx E&M (2007). Principal
Investigator Responsible for all facets of the project, including project management and report
preparation. Survey included three proposed uranium drill hole locations.
Energy Fuels Resources Pinon Mill Project, Montrose County, Colorado prepared for
Kleinfelder and the Colorado Department of Public Health and Environment(2007-08).
Principal Investigator Responsible for all facets ofthe project, including project management,
survey, evaluative testing, report preparation, and Native American consultation (all three Ute
Tribes). Survey acreage totaled 880 acres. A total of20 archaeological sites were documented
and evaluative testing was conducted at six sites.
Lowe's Annexation of Lot 13 and Open Space Parcel, Boulder County, Colorado, prepared
for Kleinfelder and the Bureau of Reclamation (2007). Principal Investigator Responsible
for all facets ofthe project, including project management and report preparation. Survey acreage
totaled 25 acres and two archaeological sites were documented.

Environmental, Safety, and Health Impact Assessment(ESHIA), Garfield County,


Colorado prepared for ERM on behalf of Chevron (September 2007). Principal Investigator
Preparation of a Class I overview, predictive model, and cultural resource impact assessment
for 60,000-acres of privately owned property conducted to BLM and international standards for
proposed fossil fuel development.
Prairie Waters Project Environmental Assessment, City of Aurora,Denver, Adams,and
Arapaho Counties, Colorado (2005-07). Principal Investigator responsible for the Class I
overview, on-call archaeological and historic preservation services, and cultural resource impact
assessment for a proposed water pipeline and associated facilities.
Monogram Cultural Resource Inventory, San Miguel and Montrose Counties, Colorado,for
the Bureau of Land Management,San Juan Resource Area and the Dolores Field Office
(2006-07). Principal Investigator Class III inventory of 1,756 acres proposed for fuel reduction
activities and land transfer. A research design was required for the project. Responsible for all
facets of project implementation and completion.
Horsefly/Ridgway Power Station Project, Ouray County, Colorado for the Bureau of Land
Management,San Juan Resource Area and Uncompahgre Field Office (2006-07). Principal
Investigator Class III inventory of 587 acres on the Uncompahgre Plateau prior to fuel
management activities. Responsible for all facets of project implementation and completion.
Evaluative Testing of Site 5AH1161, Arapaho County, Colorado for the City of Aurora.
Principal Investigator Evaluative testing of an Early Ceramic period archaeological site
proposed for adverse impacts by a water pipeline. Testing determined that the site did not have
significant subsurface cultural deposits and a determination of not eligible was provided by
SHPO. Responsible for all facets of fieldwork and report preparation.
Delta Petroleum's Vega Federal Well Pad Nos. 5,6, and 7, and Access Roads, Class III
Cultural Resource Inventory and Environmental Assessment, Mesa County, Colorado
(2006). Principal Investigator Class III inventory of 130 acres. Responsible for all facets of the
cultural resource portion of project implementation and completion.
High Plains Energy Station, Cultural Resource File and Literature Review, Morgan
County, Colorado (2006). Principal Investigator Class I inventory of about 1,200 acres
proposed for a coal-powered power plant. Responsible for all facets ofthe cultural resource
portion of project implementation and completion.
San Luis Valley Habitat Conservation Plan, Saguache, Rio Grande, Alamosa, and Conejos
Counties, Colorado (2005-2006). Principal Investigator Completion of a valley-wide,2
million-acre file and literature review for the Rio Grande Water Conservation District and Fish
and Wildlife Service for a regional habitat conservation plan.
Genesee Residential Development Project, Jefferson County, Colorado (2006). Principal
Investigator Class III inventory of25 acres proposed for residential development and
documentation of the Genesee Radar Training Facility (5JF4424). Responsible for all facets of
project implementation and completion.
Piney Creek/Sampson Gulch Stream Stabilization Project and Evaluative Testing of
5AH2933,for the Army Corp of Engineers and the City of Aurora, Arapaho County,
Colorado (2006). Principal Investigator - Class III inventory of 12.6 acres prior to stream
stabilization and trail construction. Responsible for all facets of project implementation and
completion.

Documentation and Archaeological Assessment of the Carlson Ranch (5EL298),Elbert


County, Colorado (2006). Principal Investigator Documentation of22 features, including
standing structures, associated with the ranch. Responsible for all facets of project
implementation and completion. Fieldwork completed by Kathleen Corbett and Dr. Bonnie
Clark, subcontractors.
Blowout Fire Cultural Resource Inventory, Mesa County, Colorado,for the Bureau of Land
Management, Grand Junction Field Office (2006). Principal Investigator Class III inventory
of240 acres on the west slope of Grand Mesa. Responsible for all facets of project
implementation and completion.
La Jara Reservoir Project Area,Baca Land Exchange, Conejos County, Colorado for the
National Park Service (2006). Co-Field Director and Co-Author Co-field director (with Fort
Lewis College) for a 5,000 acre intensive cultural resource inventory on lands administered by
the Bureau of Land Management, San Luis Valley, as part of a federal land transfer involving the
BLM,State Lands of Colorado, Fish and Wildlife Service, and the NPS. Conducted and prepared
the report sections detailing the analysis of all projectile points and ceramic artifacts recovered
during the project.
Canyons North Planned Development Cultural Resource Inventory Douglas County,
Colorado(2006 and 2009). Principal Investigator Class II inventory of 3,500 acres and
mitigation plan for cultural resource sites. Responsible for all facets of project implementation
and completion.
Highline Phase I Hazardous Fuel Reduction Project, Montezuma County, Colorado for the
Bureau of Land Management, San Juan Resource Area (2005-2006). Principal Investigator
Responsible for all facets of project implementation and completion, including the Class III
inventory of 780 acres. The project documented a large concentration of primarily late Pueblo nearly Pueblo III habitation sites.
Douglas County Habitat Conservation Plan and Environmental Assessment, Douglas
County, Colorado for the U.S. Fish and Wildlife Service (2005-06). Principal Investigator
responsible for the Class I overview and cultural resource impact assessment for a 10-year,
multiple activity project.
Delta Petroleum's Vega Federal Well Pads Nos. 5,7, and 9, and Access Roads, Mesa
County, Colorado for the Bureau of Land Management, Grand Junction Field Office
(2005). Principal Investigator Class III inventory of 130 acres. Responsible for all facets of
project implementation and completion.
Cultural Resource Assessment of the Royal Gorge Ranches Development and
Documentation of Historic Sites 5PA2147 and 5PA2148,Fremont County, Colorado (2005).
Principal Investigator responsible for the Class I overview, cultural resource assessment, and
site documentation for a proposed development.
Bent's Old Fort Access Road Realignment Survey and Mitigation Plan,Bent and Otero
Counties, Colorado for the Federal Highway Administration (2005-06). Principal
Investigator Class III survey, site assessments, and report preparation.
Bull Creek Unit, Phase I, Archuleta County, Colorado for the USDA Forest Service,
Durango Field Office, and Elm Ridge Resources(2004). Project Manager and Field Director responsible for survey, site assessments and report preparation.
Tarryall / Kenosha Range Allotment Management Plan Project, Park, Jefferson, and Clear
Creek Counties, Colorado for the USDA Forest Service, Pike-San Isabel National Forests

(2004). Project Manager and Field Director - Responsible for survey of 2,400 acres, site
assessments, and report preparation.
Cultural Resources Inventory, Chemical Demilitarization Area,Pueblo Chemical Depot,
Pueblo County, Colorado, Department of Defense, U.S. Army(2003-04). Field Director responsible for the survey of 1,315 acres, site assessments, and report preparation.
South Park / South Platte Fuels Management Project, Douglas,Park, and Jefferson
Counties, Colorado for the USDA Forest Service,Pike-San Isabel National Forests (2004).
Project Manager and Field Director - responsible for survey of 4,518 acres, site assessments, and
report preparation.
Hayman Fire Proposed Salvage Timber Sales, Douglas, Jefferson, Park, and Teller
Counties, Colorado for the USDA Forest Service, Pike-San Isabel National Forests (2003).
Field Director - responsible for survey of 10,222 acres, site assessments, and report preparation.
Howard and Rocky Messenger Ecosystem Management Areas,Park County, Colorado for
the USDA Forest Service, Pike-San Isabel National Forests(2003). Project Archaeologist responsible for report editing and quality assurance.
Sledgehammer Ecosystem Area,Park County, Colorado for the USDA Forest Service, PikeSan Isabel National Forests (2003). Project Archaeologist - Responsible for report editing and
quality assurance.
Archaeological Investigations at Eureka Ridge (5TL3296), Teller County, Colorado for the
Colorado Historical Society State Historic Fund and the USDA Forest Service,Pike-San
Isabel National Forests(2004-05). Project Manager and Field Director - Responsible for grant
preparation, archaeological testing, site assessment, and report preparation for one of the most
significant early Athapaskan sites in Colorado.
Archaeological Survey and Site Testing, 2004 Field Season, Great Sand Dunes National
Park and Preserve, Saguache County, Colorado for the National Park Service (2004). Field
Director - responsible for survey, testing, analysis, and report preparation.
Baca House Archaeological Testing and Monitoring, Colorado Historical Society and Marc
Diament Architects(2003). Project Manager and Field Director - responsible for archaeological
testing, construction monitoring, site assessment, and report preparation.
El Pueblo Historic Site, 2004 Archaeological Investigations, Pueblo County, Colorado for
the Colorado Historical Society State Historic Fund (2003-04). Field Director - Responsible
for archaeological testing and report preparation.
Archaeological Investigations at the Pueblo Chemical Depot, 2003 Test Excavations, Pueblo
County, Colorado for the Department of Defense, U.S. Army(2004). Field Director Responsible for the archaeological testing of twenty sites, site assessments, and report
preparation.
Archaeological Survey and Testing, 1999-2002 Field Seasons, System Wide Archaeological
Inventory Program (SAIP),Rocky Mountain National Park, Grand and Larimer Counties,
Colorado for the National Park Service and the University of Northern Colorado
Department of Anthropology. Field Director - Responsible for coordination ofremote survey
crews, survey selection, site assessments, and archaeological testing. Over 20,000 acres were
surveyed during this period and over 350 sites documented.
Palmer Divide Archaeology Project, Douglas County, Colorado for the Colorado Historical
Society State Historic Fund. Project Archaeologist - Co-authored report on the documentation
of three artifact collections curated at the University of Denver; responsible for artifact analysis,
interpretation, and report preparation.
Archaeological Testing at the Lawn Lake Site (5LR318),Larimer County, Colorado, Rocky
Mountain National Park for the National Park Service. Crew Chief- responsible for test

excavations, interpretation, and assessment of a site with Late Paleoindian, Early Ceramic, and
early Athapaskan components at an altitude of 3352 in asl.
Site Documentation of 5LP425,La Plata County, Colorado, Entranco. Project Archaeologist
- a co-authored report on the documentation of a Basketmaker III-Pueblo I habitation site;
responsible for lithic artifact analysis, interpretation, and report preparation. Powderhorn
Archaeology excavated this archaeological site ahead of construction within the Bodo Industrial
Park.
Cultural Resource Assessment, Burned Area Emergency Rehabilitation(BAER)Report,
Missionary Ridge Wildfire, La Plata County, Colorado for the USDA Forest Service,
Durango Field Office. Principal Investigator - Responsible for survey coordination during fire
suppression activities as a red carded archaeologist; documentation of survey results; analyzed
post-fire affects to documented archaeological resources; preparation of a cost analysis for
mitigation of affected cultural resources; and supervised the stabilization of 5LP714.
Cultural Resource Assessment and Stabilization of Talus Village, La Plata County,
Colorado, Colorado Historical Society State Historic Fund Emergency Grant, prepared for
the Bureau of Land Management, San Juan Resource Area (2003). Principal Investigator responsible for the assessment, coordination, and stabilization of Talus Village, Basketmaker II
type site. Stabilization conducted by Mesa Verde National Park.
Animas River Trail Project, La Plata County, Colorado for the City of Durango and the
Army Corps of Engineers. Principal Investigator - Responsible for survey, site assessments,
and report preparation on behalf of Sugnet Environmental Consultants.
Monitoring of the Williams Creek Campground Waterline Replacement Project(5HN1),
Archuleta County, Colorado for the USDA Forest Service,Pagosa Springs Field Office.
Principal Investigator - Responsible for construction monitoring, site monitoring and reevaluation, and report preparation.
Archaeological Testing at the Bear Lake Shuttle Lot(5LR604), Larimer County, Colorado
for the National Park Service, Rocky Mountain National Park. Field Director - Responsible
for test excavations, site assessment, and report preparation.
Cultural Resource Evaluation Project, Fort Carson Military Reservation, El Paso Fremont,
and Pueblo Counties, Colorado for the Midwest Archaeological Center and the DECM Fort
Carson. Crew Chief- Responsible for the relocation, site assessment, and documentation of 89
archaeological sites.
Instructor, Fort Lewis College Department of Anthropology Archaeological Field School,
1997-98 Field Seasons, Montezuma, Colorado. Crew Chief- Responsible for student
instruction and supervision in excavation methods, interpretation, artifact analysis, and report
preparation; field school conducted at the Pigg Site, a Pueblo II-Pueblo III habitation site. Codirected by Dr. W. James Judge and Mona C. Charles.
Huntington Land Survey, Animas-La Plata Project, La Plata County, Colorado,SWCA
Inc. Project Archaeologist - Responsible for site documentation and assessment.
Mid-America Pipeline Company and TransColorado Pipelines, San Juan County, New
Mexico, San Juan and Grand Counties, Utah, and Montrose County, Colorado, Alpine
Archaeological Consultants. Project Archaeologist - Responsible for site documentation and
assessment.

Montana
Western Energy Area F Environmental Impact Statement,for the Montana Department of
Environmental Quality (2012-present). Principal Investigator Responsible for the cultural
resource impact assessment, and cultural resource sections of the EIS for a proposed expansion of
an open pit coal mine.

Rock Creek Environmental Impact Statement, Kootenai National Forest, Lincoln County,
for the USDA Forest Service and the Montana Department of Environmental Quality
(2011-present). Principal Investigator Responsible for the cultural resource impact assessment,
and cultural resource sections of the EIS for a proposed gold mine.
Montanore Environmental Impact Statement, Kootenai National Forest, Lincoln County,
Montana for the USDA Forest Service and the Montana Department of Environmental
Quality (2005-present). Principal Investigator Responsible for the Class I overview and
cultural resource impact assessment, and cultural resource sections of the EIS for a proposed gold
mine.

Nebraska
Ogallala-Roscoe-Elsie Tap 115 KV Transmission Line Environmental Assessment, Tri-State
Generation and Transmission Association, Keith County Nebraska. ERO completed an
intensive inventory of 15 miles of transmission line with negative findings.

New Mexico
Class III Cultural Resource Inventory, US Highway 63 / County Road 537 Intersection
Improvement Project, Rio Arriba County,for the Federal Highway Administration Central
Federal Lands, Jicarilla Apache Nation, Bureau of Indian Affairs, and the New Mexico
Department of Transportation (2103). Principal Investigator Responsible for project
development with FHWA,Parsons Brinckerhoff, and the Tribal Historic Preservation Officer;
and responsible for the cultural resource inventory, site documentation, and project effects
assessment.
Mitigation Excavation of Site LA112946, Cuba-La Cueva Road Improvement Project,
Sandoval County, New Mexico for the Federal Highway Administration and the USDA
Forest Service, Santa Fe National Forest(2010-2013). Principal Investigator Responsible
for the implementation and excavation of site LA112946, a prehistoric archaeological site with
Late Archaic and Late Prehistoric components. Of significance was the discovery and excavation
of bi-polar lithic reduction activity area.
Class III Cultural Resource Inventory, US Highway 82 / Forest Highway 35, Otero County,
for the Federal Highway Administration and the Lincoln National Forest(2012). Principal
Investigator Conducted the cultural resource inventory of9 miles of road and was responsible
for writing the effects assessment on behalf ofFWHA and conducted agency coordination with
the New Mexico Department of Transportation. Inventory resulted in the documentation and
reevaluation of Mogollon archaeological sites and the documentation and evaluation of the
history highway and its 48 associated CCC features.
Class III Cultural Resource Inventory, Gila Cliff Dwellings Bridge Replacement Project,
Catron County,for the Federal Highway Administration and the Gila National Forest
(2012). Principal Investigator Conducted the cultural resource inventory of a new bridge
approach within the boundaries of the Gila Cliff Dwellings National Monument. Inventory
resulted in negative findings.
Site Relocation, Documentation, Evaluative Testing, and Project Effects Assessment, CubaLa Cueva Road Improvement Project, Sandoval County, New Mexico for the Federal
Highway Administration and the USDA Forest Service, Santa Fe National Forest(2010).
Principal Investigator Responsible for all project components, including client
communication, budget control, and effects review. Project involved the relocation of five

archaeological sites, their resurvey and documentation, new documentation oftwo CCC built
bridges, and the evaluative testing of two prehistoric sites.
Class III Cultural Resource Inventory, Recovery Kasha Katuwe Tent Rocks National
Monument,Sandoval County, New Mexico for the Bureau of Land Management,Rio
Puerco Field Office (2010). Principal Investigator Responsible for all project components,
including client and tribal communication, inventory, and report preparation. Fieldwork (1,687
ac) was completed within 37 days per contract stipulations, recording 80 cultural resources,
including Pueblo II IV, Archaic, and historic resources.
Cultural Resources Survey Report, New Mexico 12-1(10), Fish Passage Project, Sandoval
County, New Mexico for the Federal Highway Administration and Santa Fe National Forest
(2009). Principal Investigator Responsible for all facets of project completion including field
inventory, site documentation and assessment, and report preparation.
Eastern New Mexico Rural Water Authority(ENMRWA)Environmental Assessment,
Quay, Curry, and Roosevelt Counties, New Mexico, Bureau of Reclamation (2006-present).
Principal Investigator for Cultural Resources Class I overview, cultural resource impact
analysis, Class III inventory of about 5,500 acres(150 miles of water pipeline), evaluative testing,
and EA preparation. To date, evaluative testing has occurred at eight sites, three of which remain
eligible for the NRHP.
Canon Uva and Garita Creek Cultural Resource Inventories, San Miguel County, New
Mexico for the Natural Resources Conservation Service, Albuquerque District Office
(2006). Principal Investigator Class III inventory of 1,063 acres of private land prior to
rangeland improvement. Responsible for all facets of project implementation and completion.
Cultural Resource Inventory of Four Private Land Parcels, Lincoln and Socorro Counties,
New Mexico for the National Resources Conservation Service, Albuquerque District Office
(2006). Principal Investigator Class III survey of4,500 acres. Responsible for all facets of
project implementation and completion. Four separate reports.
Carlsbad Irrigation District Long-Term Miscellaneous Purposes Contract Environmental
Impact Statement,Eddy County, New Mexico for the Bureau of Reclamation and the New
Mexico Office of the State Engineer (2005-06). Principal Investigator Responsible for the
cultural resource impact assessment.
Three Gas Well Locations, Pipelines, and Access Roads, San Juan County, New Mexico for
Dugan Productions and submitted to the Bureau of Land Management,Farmington Field
Office and the Navajo Nation (2004). Project Manager and Field Director- Responsible for
survey, site assessments and report preparation.
Holloway 6-4 ,and Henderson 5-4 Wells and Pipeline, Bisti Oil Field, San Juan County,
New Mexico for Dominion Oklahoma E&P and submitted to the Bureau of Land
Management,Farmington Field Office (2004). Project Archaeologist- Responsible for survey,
site documentation and assessment, and report preparation.
Cultural Resources Inventory, 17 Proposed Gas Well Locations and Associated Pipeline
and Access Roads,Rio Arriba County, New Mexico for Burlington Resources and
submitted to the Bureau of Land Management,Farmington Field Office (2004). Field
Director- Responsible for survey, site documentation and assessment, and report preparation.
Cultural Resources Inventory, 20 Failed Drainfields, McKinley and San Juan Counties,
New Mexico and Apache County, Arizona for the Indian Health Services and the Navajo
Nation (2004). Field Director- Responsible for survey and site assessments.

Pillar, Hunter, Borrego Pass, and Blue Gap Waterline Extensions, San Juan and McKinley
Counties, New Mexico and Apache County, Arizona for the Indian Health Services and the
Navajo Nation (2004). Project Archaeologist- Responsible for survey and site assessments.

North Dakota
Interstate 94 East Bismarck Interchange to Sterling Exit, Burleigh County, North Dakota
for the North Dakota Department of Transportation (2011). Principal Investigator Responsible for all project components including agency coordination, field inventory, budget
control, and report review. One prehistoric site lead was documented.
Cultural Resource Inventory of 1.1 Miles of 1-94 West of Mandan, Morton County, North
Dakota for the North Dakota Department of Transportation (2011). Principal Investigator Responsible for all project components including agency coordination, field inventory, budget
control, and report review. Negative Report
Highway 52 Improvements from South of Melville to Carrington,Foster County, North
Dakota for the North Dakota Department of Transportation (2011). Principal Investigator Responsible for all project components including agency coordination, field inventory, budget
control, and report review. Negative Report
Interstate 29 Improvements from Buxton to South of Thompson, Grand Forks and Traills
Counties, North Dakota for the North Dakota Department of Transportation (2011).
Principal Investigator - Responsible for all project components including agency coordination,
field inventory, budget control, and report review. Negative Report
Cultural Resource Inventory of 10.1 Miles of Highway 2, Grand Forks and Nelson
Counties, North Dakota for the North Dakota Department of Transportation (2011).
Principal Investigator - Responsible for all project components including agency coordination,
field inventory, budget control, and report review. Negative Report
Devils Lake Emergency District, Survey Areas 3-15, Eddy,Pierce, Foster, Ramsey, Wells,
and Benson Counties, North Dakota for the North Dakota Department of Transportation
(2011). Principal Investigator - Responsible for all project components including agency
coordination, field inventory, budget control, and report review. Negative Report
State Route 40: Near Tioga North to East Junction ND 50 and State Route 50: McGregor
South to West Junction ND 40, Williams and Burke Counties, North Dakota for the North
Dakota Department of Transportation (2010). Principal Investigator - Responsible for all
project components including the combined inventory of20 miles of highway, client
communication, budget and cost control, and report review.
Native American Consultation Meeting Facilitation, North Dakota Department of
Transportation Tribal Consultation Committee Meeting and Regional Transportation
Conference, Bismarck, North Dakota (September 12-15, 2009). Meeting Coordinator
Responsible for meeting coordination and tribal representative reimbursement for 18 Tribes.
Cultural Resources Survey Report, Highway 12 State Line to Rhame,Benson and Slope
Counties, North Dakota for the North Dakota Department of Transportation (2009).
Principal Investigator - Responsible for all project components including cultural resource
inventory of20 miles of highway.
Cultural Resources Survey Report, Two Projects on Highway 83: Strasburg to Linton at
Junction of Highway 13 and State Line North to Strasburg, Emmons County, North Dakota
for the North Dakota Department of Transportation (2009). Principal Investigator -

Responsible for all project components including cultural resource inventory of about 25 miles of
highway.
Cultural Resources Survey Report, Highway 3 Junction with Highway 13 to Burnstad
Junction, McIntosh and Logan Counties, North Dakota for the North Dakota Department
of Transportation (2009). Principal Investigator - Responsible for all project components
including cultural resource inventory of 10 miles of highway.
Devils Lake Wetland Mitigation Project, Towner County, North Dakota for the Federal
Highway Administration, Central Federal Lands(2009). Principal Investigator Responsible
for all project components including cultural resource inventory of 880 acres.
Geophysical Investigations at the Big White Site (32ME4), Mercer County, North Dakota
for Basin Electric (2008-09). Principal Investigator Responsible for project
development/scope of work, subcontractors (ArchaeoPhysics and Powderhorn Consultants), cost
control, labor, and client communication.
Archaeological Testing of the Big White Site(32ME4), Mercer County, North Dakota for
Basin Electric Power Cooperative (2007-08). Co-Principal Investigator Responsible for
project management, budget control, and quality assurance associated with the salvage excavation
of a Plains Village feature and associated recovered artifacts from exploratory shovel testing.
Conducted under the permit of Kent Good & Associates.
Archaeological Data Recovery of the Littleghost Site(32BE133), Benson County, North
Dakota for the Fort Totten Sioux Indian Tribe, Bureau of Indian Affairs, and Bureau of
Reclamation (2008). Principal Investigator Responsible for all facets of the data recovery
including on-site supervision, artifact analysis, and report preparation. Site 32BE133 is a multicomponent site with a probable Archaic component and demonstrated Woodland,Plains Village,
and Early Reservation components. Excavation was completed under the permit of Kent Good &
Associates.
Devils Lake Phase IIB and IIC Projects, Ramsey and Benson Counties, North Dakota,
Federal Highway Administration for the North Dakota Department of Transportation
(2006-07). Principal Investigator Class III inventory of 800 acres of proposed levee locations
and road improvements. Conducted all field inventory and responsible for all facets of the
cultural resource portion of project implementation and completion.

Oklahoma
Section 106 Evaluation and Historic American Engineering Record,Rodtky Creek Bridge,
Pontotoc County, Oklahoma for the Federal Highway Administration, Central Federal
Highway Lands and the Chickasaw Nation (January 2011). Principal Investigator
responsible for the field documentation and NRHP evaluation of a WPA-built steel stringer and
concrete cast-in-place decked bridge. The project resulted in the completion of a HAER,
including primary archival research, a scaled elevation drawing, and high resolution digital
photography.

Oregon
Historic Resource Documentation,Rim Drive Associated Features, Crater Lake National
Park, Oregon (2012). As Principal Investigator, was responsible for project design in
coordination with the National Park Service; historic resource documentation; lead author, and
project administration. ERO documented contributing features to the Rim Drive and Rim Village
Historic Districts by completing detailed descriptions, high resolution digital photography, and
measured drawings.

Cultural Resource Inventory,Rim Drive Road Rehabilitation and Rockfall Mitigation


Project, Phase I, Crater Lake National Park, Oregon (expected November 2013). As
Principal Investigator, was responsible for project implementation, contract administration, peer
review, and quality assurance. ERO completed an intensive survey of 10.4 miles of Rim Drive
documenting 48 contributing features of the Rim Drive Historic District and two new cultural
resources a CCC construction camp and four segments of the original Rim Road.

South Dakota
Cultural Resource Inventory, Hill City to Lead Phase I 17-1(6)Improvements to Forest
Highway 17(County Road 308)for the Federal Highway Administration Central Federal
Lands Division (2012). Principal Investigator Responsible for all project components,
including permitting, cost proposal, budget control, and client communication. ERO facilitated a
tribal monitor and conducted survey between Lead and Rochford, South Dakota. Documented
cultural resources included sections of railroad grade, mining sites, and historic homesteads.
Cultural Resource Inventory, Hill City to Lead Phase II 17-1(8)Improvements to Forest
Highway 17(County Road 308)for the Federal Highway Administration Central Federal
Lands Division (2008). Principal Investigator Responsible for all project components,
including permitting, cost proposal, budget control, and client communication.

Utah
Open Sky Wilderness Therapy Environmental Assessment, Special Recreation Permit, San
Juan County for the Bureau of Land Management, Monticello Field Office and Utah State
Lands (2014). Principal Investigator Responsible for project development, NEPA analysis,
cultural resource survey, and report preparation for 50 dispersed backcountry camp locations.
Cactus Park Road Improvement Project, San Juan County for the Bureau of Land
Management, Monticello Field Office, and Summit Operating (2013). Principal Investigator
Responsible for client communication, plan of work, and budget control for the survey of
proposed road improvements for oil and gas operations. Seven archaeological sites were
reevaluated for project effects and recommendations were provided to the BLM for long-term
management.
Class III Cultural Resource Inventory of the Sage and Calliham Mines, San Juan County,
for Energy Fuels Resources,the Bureau of Land Management, Monticello Field Office, and
the Utah Department of Natural Resources (2012). Principal Investigator Responsible for
client communication, plan of work, and budget control for the survey for two mine reopenings
and associated access roads. Reports were prepared for both the BLM and Department of Natural
Resources, Division of Oil, Gas, and Mining. Inventory resulted in the documentation of
prehistoric archaeological sites.
Save America's Treasures: Site Condition Assessments of Four Archaeological Sites and the
Stabilization and NRHP Nomination of the Moon House, San Juan County, Utah for the
Bureau of Land Management, Monticello Field Office (2010-11). ERO Resources teamed
with Woods Canyon Archaeological Consultants and Petro Graphics to conduct condition
assessments of three archaeological sites in Grand Gulch and Site 13 on Alkali Ridge, and the
National Register nomination and stabilization of the Moon House. ERO was responsible for the
NRHP nomination of the Moon House; Clive Briggs, project archaeologist, assisted with the
condition assessments and undertook the stabilization ofthe Moon House with Petro Graphics.

2009 Selected Roads Inventory, Bureau of Land Management, Moab and Monticello Field
Offices (completion July 2010). Principal Investigator Responsible for all project
components, including intensive cultural resource inventory of 200 miles of road (2,480 acres).
Project areas included the Green River Desert, Alkali Ridge, Butler Wash/Comb Ridge, and Arch
Canyon. Nearly 300 cultural resources were newly recorded, updated, or rerecorded, including
Site 13 and other J.O. Brew sites on Alkali Ridge. Cultural-historical affiliation included
unaffiliated sites north of Moab, Utah and Basketmaker II early Pueblo III sites in southeast
Utah.
Colorado Plateau Partners 2009 Drilling Program,San Juan County, Utah for the USDA
Forest Service, Monticello Field Office (2009). Principal Investigator Responsible for all
project components, including survey of 18 proposed uranium drill hole locations and six
proposed and existing access roads.
Devil Canyon Fuels Management Project(Wildland/Urban Interface), San Juan County,
Utah for the Bureau of Land Management, Moab Field Office (2008-09). Principal
Investigator Responsible for all project components including cultural resource inventory of
1,578 acres in high site density area. A total of94 archaeological sites were documented,
including Archaic lithic scatters and Ancestral Puebloan sites dating to the Pueblo I and Pueblo II
periods.
Milford Flat Fence Line and Water Retention Features Inventory and Monitoring Project,
Millard County, Utah for the Bureau of Land Management,Fillmore Field Office (2008).
Principal Investigator Responsible for all project components including inventory 41 miles of
fence line and 50 water retention features, and construction monitoring of 137 water retention
features.
Cottonwood Allotment Grazing Permit Renewal, Archaeological Inventory and Site
Assessment Project, San Juan County, Utah for the Bureau of Land Management,
Monticello Field Office (2007-08). Principal Investigator Responsible for all facets ofthe
project, including project management, quality assurance, and report preparation. The project
required Class I inventory of 33,300 acres, Class III inventory of 330 acres, and reevaluation and
condition assessment of20 NRHP eligible sites.
East Canyon and Dry Valley Allotments Grazing Permit Renewal, Archaeological
Inventory and Site Assessment Project, San Juan County, Utah for the Bureau of Land
Management, Monticello Field Office (2007-08). Principal Investigator Responsible for all
facets of the project, including project management, quality assurance, and report preparation.
The project required Class I inventory of 8,483 acres, Class III inventory of 100 acres, and
reevaluation and condition assessment of six NRHP eligible sites.
Greenville Emergency Stabilization and Rehabilitation RX,Beaver and Iron Counties, Utah
for the Bureau of Land Management, Cedar City Field Office (2007-08). Principal
Investigator Responsible for all facets of the project, including project management and report
preparation. Survey acreage totaled 2,524 acres. A total of46 archaeological sites were
documented.
Pinnacle Pass Wildland Fire Stabilization Project, Beaver County, Utah for the Bureau of
Land Management, Cedar City Field Office (2007-08). Principal Investigator Responsible
for all facets ofthe project, including project management and report preparation. Survey acreage
totaled 4,310 acres. A total of72 archaeological sites were documented.
Cunningham Unit of the Milford Flat Wildland Fire Stabilization Project, Beaver County,
Utah for the Bureau of Land Management, Cedar City Field Office (2007-08). Principal
Investigator Responsible for all facets ofthe project, including project management and report

preparation. Survey acreage totaled 809 acres. A total of 13 archaeological sites were
documented.
Badger Fire Cultural Resource Inventory,Iron and Beaver Counties, Utah, Bureau of Land
Management(2006-07). Principal Investigator Class III inventory of4,550 acres proposed for
aerial reseeding and chaining activities. Responsible for all facets of project implementation and
completion.
Bull Fire Cultural Resource Inventory, Washington County, Utah for the Bureau of Land
Management, Cedar City Field Office (2006-07). Principal Investigator Class III inventory
of 1,174 acres proposed for aerial reseeding and chaining activities. Responsible for all facets of
project implementation and completion.
Horse Ranch Mountain Complex Project, Zion National Park, Washington and Iron
Counties, Utah for the National Park Service (2006). Principal Investigator Class III
inventory of 1,600 acres prior to hazardous fuel treatment implementation. Responsible for all
facets of project implementation and completion.
Moab Face Fuel Reduction Project, Grand and San Juan Counties, Utah for the USDA
Forest Service, Monticello Field Office (2004-05). Project Manager and Field DirectorResponsible for the survey of 1,340 acres, site assessments and report preparation.

Wyoming
Grand Teton National Park,2013 Cultural Resource Surveys, Teton County,for the
National Park Service (2013-14). Principal Investigator Responsible for contract management
under an existing IDIQ contract, field survey, and reporting of three four project areas within the
park, including the historic property evaluation of the Triangle X Ranch, the last remaining dude
ranch within the NPS system.
Sage Creek Road Improvement Project, Carbon County, Wyoming for the Federal
Highway Administration, Central Federal Lands Division (2008-on-going). Principal
Investigator Responsible for all project components,including permitting, cost proposal, budget
control, client communication, and cultural resource inventory of 17 miles of Bureau of Land
Management, State Lands, and USDA Forest Service right-of-way corridor. Currently
coordinating with the USFS and FHWA in regards to effects.
Publications
Gilmore, Kevin and Sean Larmore (2012). Looking for Lovitt in all the Wrong Places: Migration
Models and the Athapaskan Diaspora Viewed from Eastern Colorado. In From the Land ofEver
Winter to the Southwest, edited by Deni J. Seymour. University of Utah Press.
Larmore, Sean and Kevin P. Gilmore. "Columbine Ranch (5PA2457): A Multi-Component
Campsite Near Kenosha Pass, Considered Within a Prehistoric Context of South Park."
Southwestern Lore, Vol. 72, No. 1, Spring 2006.
Professional Papers
With Kevin Gilmore. "Promontory on the Plains: An Examination of Material Culture
Similarities between the Great Basin and Eastern Colorado and the Implications for Athapaskan
Migration"(2012). Paper presented at the 33111 Great Basin Anthropological Conference, October
17-21, Lake Tahoe, California.
With Kevin Gilmore. "Migration Models and the Athapaskan Diaspora as Viewed from the
Colorado High Country"(2010). Paper presented at the 2010 New Mexico Archaeological
Council, Albuquerque.
With Kevin Gilmore. "Migration Models and the Athapaskan Diaspora as Viewed from the

Colorado High Country"(2008). Paper presented at the 2008 Society of American Archaeology
conference, Vancouver, British Columbia.
With Mona C. Charles and Ian Crosser. "Preliminary Results of the Baca Land Exchange
Inventory, La Jara Reservoir Project Area, Conejos County, Colorado"(2006). Paper presented
at the annual meeting of the Colorado Council of Professional Archaeologists, Estes Park.
With Kevin Gilmore. "Looking for Lovitt in All the Wrong Places: Evidence for Early
Apachean Occupation of the Colorado Front Range from the Eureka Ridge Site(5TL3296)"
(2004). Paper presented at the annual meeting ofthe Colorado Council of Professional
Archaeologists, Colorado Springs.
With Kevin Gilmore. "Seventeen First Dates: Implications of AMS dates from Perishable
Artifacts from Franktown Cave, Colorado'(2004). Paper presented at the annual meeting ofthe
Colorado Council ofProfessional Archaeologists, Colorado Springs.
"Documentation of the Columbine Ranch Site, Park County, Colorado: A Late Paleoindian/Early
Archaic Campsite." Paper presented at the 2003 Colorado Council ofProfessional
Archaeologists meeting, Durango, Colorado.
"Results ofthe Post-Fire Stabilization of Talus Village, Basketmaker II Type Site, La Plata
County, Colorado." Paper presented at the 2003 Colorado Council ofProfessional
Archaeologists meeting, Durango, Colorado.
"McKean Complex Projectile Point Variation: Indications of Mobility and Interaction During the
Middle Archaic." Paper presented at the 2002 Society of American Archaeology conference,
Denver, Colorado.
"Middle Archaic Settlement Strategies: A View From Rocky Mountain National Park." Paper
presented at the 2001 Society of American Archaeology conference, New Orleans, Louisiana.
Manuscript on file, Rocky Mountain National Park, Colorado.
Teclp, al Compliar. Reports
Provided upon request
Memberships and Registrations
Society for American Archaeology(SAA)
Colorado Council ofProfessional Archaeologists(CCPA): Secretary 2007-08; Vice President(2012) and
President(2013-14)
Register ofProfessional Archaeologists(RPA)(expired)
klts Held, Principal Investigator
State Lands
Colorado
Utah
New Mexico
North and South Dakota
Wyoming
Idaho
Arizona
Nevada
Bureau of Land Management
Colorado Statewide
Utah Statewide
New Mexico Northwest Quarter(Farmington Field Office)
Wyoming Project Specific, Statewide
Montana/Dakotas Statewide

Nevada Eastern Half


Arizona - Statewide
USDA Forest Service
Region 1 Project Specific
Region 2 Forest Wide Blanket Permit
Region 3 Project Specific
Region 4 Project Specific
Bureau ofIndian Affairs - Southwest Region
Bureau of Reclamation Approved Contractor (Plains and Southwest Regions)
Southern Ute Indian Tribe
Navajo Nation (2005-2006)

EXHIBIT C

Beaver Pond
Site
42SA26998

Archaeologic
Site
Trail End
Site
42SA29895

No evidence of rill development within or as a result ofthe OHV trail was observed

Site visit did not show that the site experienced any "damage" in the form of alteration of the "archeologic context"

1 of 3

OHV ruts within the trail were very shallow to nonexistent indicating very low levels of disturbance

{00811702-1 }Page

None of the surface OHV tracks documented by ADIA outside ofthe trail in 2014 were visible in 2015 and vegetation visible
in photos from the ADIA 2014 site visit is larger and therefore unaffected from the 2014 event

The site should be removed from repair and restoration consideration in its entirety

The archaeological integrity and archeologic context ofthe site did not change as a result of being driven over during the event

No artifacts observed showed signs of postdepositional breakage, such as refit sherds or flakes in close proximity, as would be
expected with OHV tread damage

The hard, compact sediments overlying the feature have served to protect the site from impacts, including horizontal and
vertical displacement.

No erosion has occurred that could potentially affect the integrity of subsurface cultural deposits, if they exist

There was no evidence of OHV use within or outside of the trail within the site boundaries during the 2015 ERO visit

ADIA has not conducted any subsurface analysis to definitively determine if subsurface artifacts exist

The sandstone slabs that outline the cist are still in place; no artifacts were observed

It appears that postdepositional sheetwash is actively redepositing artifacts within the trail from up slope and are therefore not
in their primary archaeological context

No new impacts occurred to the site as a result of the 2014 even

Cist is located entirely within the San Juan County Water Conservancy District's Title V FLPMA right-of-way(ROW)- any
potential impacts to the archaeological site have been occurring for nearly 30 years

ERO Damage Assessment

ERO DAMAGE ANALYSIS TABLE

Soil stains are not automatically considered of archeologic interest under the CFR regulations, further analysis is needed to
determine whether the feature is of archaeological interest

Without foiinal documentation and testing it would be spurious to assign any repair and restoration damages.

ADIA's assertion that archaeological deposits were damaged by being driven over is entirely unsupported given the lack of
evidence that this site is an archaeological material remain

ADIA's assertion that archaeological deposits were damaged by being driven over is entirely unsupported given the lack of
evidence that this site is an archaeological material remain

To assert that the archaeological context surrounding the "cist" was damaged, when no archaeological deposits exist adjacent to
the "cist," is incorrect

It is entirely likely the cist, stain, and any artifacts in existence have been subject to numerous impacts from historical use ofthe
trail

No observed artifacts showed signs of postdepositional breakage, such as broken sherds or flakes, as would be expected with
OHV tread damage

Type of sediments within the feature have effectively sealed the contents from disturbance, should any cultural deposits
actually exist within the cist

Calculated damage area of 187 square feet is excessive given the size of the feature

2 of 3

Although it appears that at least one upright cist slab was likely driven over, it has not been demonstrated that the event
adversely affected the cist's physical integrity

{00811702-1 }Page

It has not been demonstrated that the cist contains archaeological deposits

Neither the ADIA assessment, nor ERO's reassessment ofthe site observed any recently broken artifacts

Stone(s) displaced during the event were not the remains ofthe feature, but rather were naturally occurring stone similar to the
abundance of broken bedrock in the area

"Cist" slabs look consistent with naturally occurring broken bedrock

ADIA has not demonstrated that the features of the site are "material remains"

Brown's
Canyon Trail Site
42SA31000
-

Boulder
Rockfall Site
42SA30999

Steep Hill
Site
42SA29893

Ledge
Architecture
Site
42SA29890

Most of the cist remains buried and the type of sediments serve to seal the contents to an extent that being driven over does not
affect archaeological integrity

Area for repair and restoration recommended by ADIA is excessive and should be limited to the extent ofthe features

Based ADIA's photo report, the artifact does not appear to be of human origin and may not be "material remains"

{00811702-1 }Page 3 of 3

Fire-cracked rock does not have scientific interest other than their representation that they were subject to a thermal event

without pointing to specific damage of specific artifacts the archeologic context was not altered and no damage occurred to the
site

Without a larger context and through scientific methods, it is unknown whether these sediment stains that comprise Areas C
and D would provide infolmation of scientific interest and therefore cause for repair and restoration damages

The artifact scatter likely represents the remains of a generalized activity area associated with the architectural portion of the
site along the base ofthe cliff

ADIA has not conducted the necessary subsurface analysis to prove the charcoal stain is a material remain protected under
ARPA

The possible charcoal stain identified by ADIA was not observed by ERO

The ADIA report does not empirically demonstrate that the event damaged the feature (cist) that comprises the site

Subsurface testing is necessary to demonstrate whether deposits of archaeological interest are present

No artifacts were found in association with the cist to support ADIA's hypothesis that artifacts buried within the cist were
damaged by being driven over

The cist was already exposed prior to the event and being driven over did not alter the feature's physical or archaeological
integrity

Above the
Rocky
Drainage Site
42SA29889
-

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