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Page 3 of 3 <br />separate nomination for the mill is not needed. (Attachment 5) <br />And the City of Black Hawk concluded that: <br />Based on [Black Hawk's Municipal Code], there is no indication <br />or expectation that the City should require the building to be <br />removed from the Site. There is no existing nonconforming use, the <br />building does not conflict with post -mining land use, and the <br />nonconformity as to setbacks appears to be allowed to remain. <br />(Attachment 6) <br />Mr. George Otten passed away on January 27, 2018; however, it is clear from his <br />correspondence to you that he desired the mill building to remain post mining. <br />I believe this submission establishes this TR request is compliant with MLRB Rule 3. 1.11 <br />and satisfies the Division of Reclamation, Mining and Safety and Central City Consolidated <br />Mining Stipulated Agreement (September 20, 2017), and the MLRB's Findings of Fact, <br />Conclusions of Law, and Order (November 1, 2017). <br />Upon approval, CCCM requests that the Division recalculate the financial warranty for the <br />permit, specifically removing the condition and cost of demolition of the existing mill structures. <br />1 look forward to working with you to address any additional questions the Division may <br />have regarding this matter. <br />Best regards, <br />Digitally signed by Matt Collins, P.E. <br />DN: cn=Matt Collins, P.E., o=Black Fox Mining <br />PEMatt Collins, LLC, ou, email=mcollins@blackfoxmining.11c, <br />c=US <br />Date: 2018.02.2215:33:47 -07'00' <br />Matt Collins, P.E. <br />General Manager <br />Enclosures <br />CC: Casey Shpall <br />Jeff Fugate <br />Black Fox Mining LLC <br />1508 Ridge Road, Nederland, CO 80466 <br />(303) 570-6269 <br />FOX <br />MINING <br />L L L <br />