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Transit Mix Concrete Co. <br /> RPM, Inc. <br /> Exhibit 2 <br /> Documentation from the Division of Water Resources that the <br /> Proposed Wash Fines Disposal Pond is Non-jurisdictional <br /> Re:Sand Dune Mine Impoundment <br /> From:Jeremy Franz<jeremy.franzOstate.cu.us> Mon,Sep 19,2016 02:38 PM <br /> Subject:Re:Sand Dune Mine Impoundment <br /> To:Steve Kuehr<skuehr@brierleyassociates.com> <br /> Cc:John Hunyadi-DNR<john.hunyadi@state.co.us>, Bill McCormick-DNR <br /> <bill.mcoormick@state.eo.us>,Brandon Heser<Brandon_Heser@transitmix.com>, <br /> Sarah Myers<smyers@brierieyassociates.com>,Andre Laroche <br /> <Andre_Laroche@transitmix.com>,HB Humphries <hlhumphhes2@comcast.net> <br /> Hi Steve, <br /> We have reviewed your letter dated September 16,2016 with attached figures regarding the process water <br /> evaporation pond at the Daniels Sand Wash Fines Pit. We agree with your conclusion that this structure qualifies <br /> as an exempt structure under 2-CCR 402-1 Section 17.1.4. based on the fact that the water impoundment will be <br /> completely below previously existing ground and no low outlet will be constructed. we further find a e <br /> hazard posed by the impoundment structure Is only to the surrounding pit area and thus the hazard <br /> classification of the structure will be"No Public Hazard"if built according to the Plan you submitted. We have <br /> added this structure to our database along with location and ownership Information under DAMID: 100472 as an <br /> exempt,no public hazard structure. Please reference this DAMID in future correspondence regarding this <br /> structure. We would like to include the final'as-constructed'drawings for this structure in our archive; please <br /> send along drawings once they are complete and you are satisfied that they represent the final structure. <br /> We sincerely appreciate you contacting our office regarding the regulatory status of this structure. If you have <br /> any other questions related to this or any other dam safety related issue, please don't hesitate to call. <br /> Regards, <br /> Jeremy <br /> On Fri,Sep 16,2016 at 5:09 PM,Steve Kuehr<skuehr@brierieyassociates.com>wrote: <br /> Jeremy-Please see attached letter and figures. Thanks. <br /> Steven C.Kuehr,PE <br /> Principal <br /> BRIERLEY ASSOCIATES <br /> 990,S.Broadway,Suite 222,Denver,CO 80209 <br /> Direct:303-446-6629,Cell:3D3-618-8367 <br /> 14 <br />