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JOHN W.SUTHERS <br />Attorney General <br />CYNTHIA H. COFFMAN <br />Chief Deputy Attorney General <br />DANIEL D. DOMIENICO <br />Solicitor General <br />t o <br />Matthew R. Montgomery <br />U.S. Army Corps of Engineers <br />Denver Regulatory Office <br />9307 South Wadsworth Blvd. <br />Littleton, CO 80128 -6901 <br />Dear Mr. Montgomery: <br />STATE OF COLORADO <br />DEPARTMENT OF LAW ✓ <br />OFFICE OF THE ATTORNEY GENERAL <br />May 11, 2011 <br />Sincerely, <br />RE: ,Ralston Creek Temporary Diversion Pipeline at the Schwartzwalder Mine <br />FOR THE MINED LAND RECLAMATION <br />BOARD <br />Elizabeth Paranhos, Chair <br />/ 3d c) <br />STATE SERVICES BUILDING <br />1525 Sherman Street - 7th Floor <br />Denver Colorado 80203 <br />Phone (303) 866 -4500 <br />On March 14, 2011, Charlotte Neitzel, attorney for Cotter Corporation (N.S.L.), forwarded a <br />request from the U.S. Army Corps of Engineers for approval or endorsement of Cotter's <br />conceptual plan for construction of a diversion pipeline at Cotter's Schwartzwalder Mine <br />located near Golden, Colorado. The Corps' request was in conjunction with Cotter's <br />application for Nationwide Permit Number 38.: Cleanup of Hazardous and Toxic Waste. <br />For purposes of Cotter qualifying for the above -cited Nationwide Permit, the Colorado <br />Mined Land Reclamation Board and Colorado Division of Reclamation, Mining and Safety <br />agree with the proposed Ralston Creek Temporary Diversion Pipeline at the Schwartzwalder <br />Mine as conceptually and generally described in a letter from Wright Water Engineers <br />entitled "Summary — Design Concept for Ralston Creek Temporary Diversion Pipeline at <br />Schwartzwalder Mine," dated March 14, 2011. The Board's and Division's agreement is <br />subject to approval by the Board and/or the Division of an appropriate permit modification to <br />Cotter's State Reclamation Permit No. M- 1977 -300 and approval of all other federal and <br />state licenses or approvals applicable to the diversion pipeline. <br />