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AVCOLORADO <br /> Division of Water Resources <br /> Department of Natural Resources <br /> Dam Safety Branch <br /> Decemnber 19, 2016 <br /> Mr. Steve Kuehr, P.E. <br /> Brierley Associates <br /> 990 S Broadway Ste 222 <br /> Denver, CO 80209 <br /> SKuehr@brierlevassociates.com <br /> VIA E-MAIL <br /> Then replying, please refer to: <br /> DANIELS SAND WASH FINES PIT DAM <br /> DAMID 100472 <br /> Water Division 2, Water District 10 <br /> SUBJECT: Jurisdictional Ruling and Exemption from Dam Safety Rules <br /> Dear Mr. Kuehr: <br /> We have reviewed your letter and supporting materials dated September 16, 2016, regarding <br /> the process water evaporation pond at the Daniels Sand Wash Fines Pit located in Section 2, <br /> Township 15 South, Range 66 West of the 6th Principal Meridian in El Paso County. We agree <br /> with your conclusion that this structure qualifies as an exempt structure under 2-CCR 402-1 <br /> Section 17.1.4 based on the fact that the water impoundment will be completely below <br /> existing ground and no low outlet will be constructed. We further find that the hazard posed <br /> by the impoundment structure is confined 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 <br /> submitted. <br /> We have added this structure to our database along with location and ownership information <br /> under DAMID: 100472 as an exempt, no public hazard structure. Please reference this DAMID <br /> in future correspondence regarding this structure. <br /> We would like to include the final 'as-constructed' drawings for this structure in our archive; <br /> please send along drawings once they are complete and you are satisfied that they represent <br /> the final structure. <br /> The Transit Mix Concrete Company, as owner of the facility, is responsible for the safety of <br /> the structure and is liable for loss of life and/or damages caused by failure of the dam or <br /> appurtenant structures. The exempt status of this structure does not relieve the dam owner <br /> from this liability or from any other statutory obligations. Therefore, it is in the owner's best <br /> Or Cp� <br /> 7405 Highway 50, Salida,CO 81201 P 719.530.5536 F 719.530.5554 www.water.state.co.us <br /> John W. Hickenlooper, Governor Robert Randall, DNR Executive DirectorAr <br /> • <br />