2008-09-17_REVISION - M1980244 (28)

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• Response: CC&V agrees with the comment and will discuss with DRMS in the future this process adjustment. IX) State Historic Preservation Office Also attached you will find comments received by the State Historical Society dated August 15, 2008 for your review and comments. Response. CC&V has responded to prior SHPO letters as well as met with SHPO representatives on June 30, 2008. On July 1, 2008, CC&V voluntarily provided additional information on the MLE Project Application to SHPO at its request. CC&V understands that the information provided duplicates the information DRMS subsequently provided to SHPO after your meeting with SHPO on July 31, 2008. As we have previously noted, the MLE Project Amendment does not change the approximate 5,847 acres under permit or the permit boundary in this area, or the approximate 4,185 acres to be affected within the permit boundary. Moreover, CC&V's proposed additional mining under the MLE is a continuation of surface mining activities that CC&V has undertaken well before establishment of the NHL without CC&V's concurrence over its privately owned or controlled lands and undertaken after establishment via various approvals most recently for Amendment No. 8 in 2000. • As for the eight structures referenced in SHPO's letter as summarized in CC&V's application submittal to Teller County, we note that these structures are on lands privately owned and controlled by CC&V. We are unaware of the SHPO having any legal authority over such structures on privately owned land without the express permission and concurrence by the landowner. CC&V has previously voluntarily conducted searches and investigations of historic matters within its permit boundary and will continue to conduct voluntary investigations into historic matters within its permit boundary without consultation. CC&V's voluntary action with respect to historic structures was recently memorialized in a Memorandum of Understanding (MOU) executed on September 10, 2008 by and between the City of Cripple Creek and CC&V. Of relevance is Section 6 of the MOU as reproduced below. CC&V would offer to SHPO the same as noted below to the City of Cripple Creek, namely, a right of first refusal to acquire and relocate at SHPO's sole expense any antiquity that CC&V determines will otherwise not be salvaged. Otherwise, CC&V will continue its voluntarily actions as it has done in the past on its privately owned lands. "6. Restoration and/or relocation of antiquities. CC&V has developed extensive plans with the Southern Teller County Focus Group ("STCFG") to conserve historic resources during its existing activities and for activities to occur under the Application to the extent feasible. It is CC&V's intent to share with the City, at a time mutually acceptable to the Parties, its plans for any given antiquity located on the private property of CC&V. CC&V acknowledges that mining antiquities are an integral part of CC&V's history, as well as that of Teller County, and will work to preserve structures, headwork's and equipment consistent with its plans and finances • to the extent feasible, and to the extent that the fragile structures can be moved or stabilized. CC&V will consider giving the City a right of first refusal to acquire and 47