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Page 2 of 3 <br />In addition, CCCM has secured the building with locks, hasps, materials and hardware <br />suitable to on doors and roof areas to prevent unauthorized entry. <br />Compliance with MLRB Rule 3.1.11 <br />In your letter to Mr. Otten, dated July 11, 2017, you identify the criteria the mill building <br />must meet to remain on the Site after reclamation. As you know, MLRB Rule 3.1.1 I provides: <br />If the affected is owned by a legal entity other than any <br />local, stale, or federal entity, any buildings or structures <br />including those constructed or placed on the affected lands <br />in conjunction with the mining operations or which are <br />historic structures as determined by the Stale Historic <br />Preservation Office may remain on the affected land after <br />reclamation at the option of the Operator and Landowner if <br />such buildings or structures will not conflict with the post <br />mining land use, and with the approval of the Board. <br />(Emphasis added). <br />The above -quoted MLRB Rule 3. 1.11 requires that the mill building either be (1) "placed on <br />the affected lands in conjunction with the mining operations," or (2) determined a "historic <br />structure[] ... by the State Historic Preservation Office." In this case, the mill building satisfies <br />both criteria. In addition, the City of Black Hawk has confirmed that the mill building "does not <br />conflict with the post mining land use" and "may remain [on the affected land] as it is today." <br />The attached documents establish each of the above -quoted criteria to qualify the mill <br />building as a historic structure which will not conflict with post mining land use under the <br />criteria set forth in MLRB Rule 3.1.11: <br />5) Letter from the State Historic Preservation Office ("SHPO") to George Otten, stating that <br />the Golden Gilpin Mill is a historic structure (November 3, 2017); <br />6) Memorandum from Baseline Corporation, the City of Black Hawk's development <br />contractor, to Cindy Linker, Black Hawk Community Planning and Development <br />Administrator, stating the mill building does not conflict with post mining land use <br />(January 17, 2018); and, <br />7) Letter from George Otten stating the wishes of the Landowner and Operator that the <br />buildings remain on the affected land after reclamation. <br />Specifically, the SHPO determined that: <br />Because the Golden Gilpin Mill is within the Central City.Black <br />Hawk National Register Historic District, listed in 1966 and <br />amended in 1991, it is considered a contributing resource to that <br />district, which means that it is already listed in the National <br />Register and Slate Register as a historic structure. Therefore, a <br />Black Fox Mining LLC <br />1508 Ridge Road, Nederland, CO 80466 <br />(303) 570-6269 <br />FB,oC K <br />MINING <br />LL C' <br />