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alcH~ao o. ut~ Oeverna ~~~ JERIS A. DANIELSON State Engineer OFFICE OF THE STATE ENGINEER ~~~~' i( ~~ DIVISION OF WATER RESOURCES 7313 Sherman Street-Room 818 Denver, Colorado 80203 (303) 8663581 February 22, 1982 Mr. Ben T. Quinn American Materials, Inc. P. 0. Box 198 Glasgow, KY 42141 FE.S 2 a 1982 MfNEn LAND nE(;!,!`,M;~'ICN Coio. Dept. of Natuial Resources Re: Trinidad Basin Mining Delagua Strip Application File No. C-048-81 W. Div. 2 W. Dist. 18 Dear Mr. Quinn: Your request for a waiver for approval of the 17 dams listed in your letter of January 29, 1982 from the requirements of CRS 1973, 37-87-105, as amended, "approval of plans for reservoir", cannot be granted because they apparently exceed the 10-foot limit in height. In regard to their negligible effect on the hydrologic balance of the permit area, we advise you to investigate the need for storage rights for these dams under Colo- rado law. You may need to arrange for an exchange to mitigate the 19 acre feet of combined storage in these structures. Instead of filing the plans for the dams under two acre-feet capacity in accordance with the reservoir dam law (CRS 1973, 37-87-105), you could make application for Erosion Control Dams, CRS 1973, 37-87-122, as amended. After completing the forms, they should be submitted to our Division Engineer's Office in Pueblo at 190b West Northern Ave., Pueblo, CO 81004, for their approval. Their telephone number is (303) 542-33b8. They will check the sites to assure that they are appropriate for erosion control dams, and that`" no administrative requirements will be violated. If approved, the structures must be constructed in accordance with our standard specifications. In regard to the specified outlet, you could place this as a principal spill- way at the 2 acre-foot level, or lower, with your controlled outlet at the bottom of the reservoir. You will need to determine whether or not this _ configuration will satisfy your discharge permit requirements. The two dams which exceed 2 acre-feet in capacity will need to be approved in accordance with CRS 1973, 37-87-105, as amended. A copy of our regulations for these are enclosed (CRS 19b3, 148-5-5 = CRS 1973, 37-87-105, as amended). ~II'I~II~II~I~~~ I~~ sss The outlets with downstream controls, and over the dam spillways with riprap, will not be approved unless designed and constructed to withstand the forces and loads they will be subjected to. We advise you to have your