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Draft Environmental Impact Statement for Roca Honda Mine

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Chapter 3. Affected Environment and <strong>Environmental</strong> Consequences<br />

In terms of bounding the mountain from the standpoint of its status as an NRHP-eligible TCP, Mt.<br />

Taylor extends downward from the summit of the peak, encompassing the slopes and contiguous<br />

or adjacent mesas in their entirety. The property’s boundary is drawn at the base of these<br />

land<strong>for</strong>ms, or rather the toe of their slopes, where the land transitions to the valley floors. The<br />

total size of the NRHP-eligible TCP is 442,659 acres and includes Federal, tribal, State, and<br />

private lands.<br />

In 2008 and 2009, the involved tribes prepared, revised, and submitted a nomination of the Mt.<br />

Taylor Cultural Property <strong>for</strong> permanent listing on the SRCP as a TCP. In this nomination, the<br />

property is also a vernacular landscape site. The outer boundary of the SRCP-listed TCP is the<br />

same as the boundary <strong>for</strong> the NRHP-eligible TCP with the exception of three small adjustments,<br />

resulting in an overall size of 450,000 acres. However, unlike the NRHP-eligible TCP, 133,544<br />

acres of privately-owned lands contained within the outer SRCP-listed TCP boundary are<br />

considered to be noncontributing resources. The nomination was accepted and the Mt. Taylor<br />

Cultural Property was listed as a TCP on the SRCP in 2009. The listing is being contested through<br />

the court system, and the New Mexico Court of Appeals ordered the case to be considered by the<br />

New Mexico Supreme Court (NM Court of Appeals, 2012). The New Mexico Supreme Court<br />

heard legal testimony on the case on September 24, 2012, and a decision is pending.<br />

Contributing Resources<br />

The contributing resources to the NRHP-eligible TCP are those features associated with the<br />

traditional and ceremonial use of the mountain (Benedict and Hudson, 2008). These types of<br />

resources include shrines, offering places, blessing places, pilgrimage trails, cairns, and springs.<br />

The contributing resources to the SRCP-listed TCP include archaeological sites, shrines, springs,<br />

lakes, boundary markers, trails, blessing places, traditional gathering areas <strong>for</strong> medicinal plants,<br />

foodstuffs, and minerals, and locations of ceremonial activities (Chestnut Law Offices, 2009).<br />

The four tribes that conducted ethnographic assessments <strong>for</strong> this EIS do not differentiate between<br />

Mt. Taylor and cultural and natural resources found in the project area. In their view, the<br />

resources contained within the proposed project area are all associated with, or are considered a<br />

part of, the Mt. Taylor TCP. The Mt. Taylor TCP contains some specific places of traditional<br />

cultural and religious significance within its boundaries that have been <strong>for</strong>mally documented<br />

(Benedict and Hudson, 2008; Colwell-Chanthaphonh and Ferguson, 2012a). The tribal<br />

ethnographic assessments resulted in the identification of four specific locations that contribute to<br />

the eligibility of the Mt. Taylor TCP and are located within the area of overlap between the TCP<br />

and the physical APE.<br />

Mt. Taylor TCP within the APEs<br />

The NRHP-eligible TCP overlies portions of the physical APE and the setting APE (figures 62<br />

and 63). The property encompasses most of Sections 2, 9, 10, and 11, small portions of Sections<br />

15 and 16, and some of the unplatted private land to the north. Sections 17 and 20 are not within<br />

the TCP. The NRHP-eligible TCP overlies approximately 40,359 acres of the setting APE; put<br />

another way, about 9 percent of the TCP overlies 54 percent of the setting APE.<br />

The boundary of the SRCP-listed TCP is the same as the NRHP-eligible TCP in the northwest<br />

portion of the property (i.e., in the region of the proposed <strong>Roca</strong> <strong>Honda</strong> <strong>Mine</strong> project), with the<br />

exception of moving the boundary slightly upslope behind the village of San Mateo. As a result,<br />

the amount of overlap between the SRCP-listed TCP and the physical APE is the same as <strong>for</strong> the<br />

328 DEIS <strong>for</strong> <strong>Roca</strong> <strong>Honda</strong> <strong>Mine</strong>, Cibola National Forest

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