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cotter <br />VIA EMAIL AND U.S. MAIL <br />✓ �1- (c/77— 300 <br />RECEIVED <br />Colorado Department of Public Health and Environment AN 2 � 2012 <br />A O Water Quality Control Division / WQCD -B2 -CAS Division of Reclamation, <br />Compliance Assurance Section Mining & Safety <br />Attention: Michael Harris <br />4300 Cherry Creek Drive South <br />Denver, CO 80246 -1530 <br />Re: Notice of Violation /Cease and Desist Order Number I0- 100601 -1, Amendment 3, Paragraph <br />3 0: Update on Diversion Pipeline Project and Request for Extension of the January 31, 2012 <br />Deadline. <br />January 25, 2012 <br />Dear Mr. Harris: <br />As indicated in our project update letter to you dated December 1, 2011, the schedule originally <br />developed by Cotter Corporation (N.S.L.) ( "Cotter ") for the 8 -cfs diversion pipeline assumed that all <br />permits would be in place by November 15, 2011. The December 1, 2011 letter also advised the <br />Water Quality Control Division that certain permitting approvals were still pending as of the date of <br />that letter. Cotter did not receive regulatory approval for the final necessary permit, a grading permit <br />with Jefferson County, until December 22, 2011. Based on this five -week permitting delay, coupled <br />with the delays caused by the end -of -year holidays, the project start date was January 9, 2012. The <br />project is still anticipated to take two and one half months to complete. Therefore, the construction <br />project engineer believes that the 8 -cfs creek diversion milestone can be achieved by March 23, <br />2012. <br />As of the date of this letter, construction of the 8 -cfs diversion structure is well underway. For the <br />above reasons, however, a January 31, 2012 schedule for diverting up to 8 cfs of Ralston Creek <br />streamflow is no longer achievable. Cotter respectfully requests that the 8 -cfs creek diversion <br />deadline, as specified in Amendment 3, Paragraph 30 of the above referenced order, be extended <br />until March 23, 2012. <br />If you have any questions, please contact me at 719 - 275 -7413 (ext. 202). <br />Sincerely, <br />John S. Hamrick <br />Vice President, Mill Operations <br />cc: Tony Waldron (DRMS) <br />Torsi Kaldenbach (DRMS) <br />Cotter Corporation Telephone (719) 275 -7413 <br />Canon City Mill, P.O. Box 1750, Canon City, CO 81215 -1750 USA Fax (719) 275 -1669 <br />