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PERMIT #: M-1999-098 <br />INSPECTOR'S INITIALS: PSH <br />INSPECTION DATE: June 26, 2015 <br />The complaint letter states Aggregate Industries has negatively impacted the VomBaur property by not taking <br />precautions to prevent water overflow (floodwaters) from their mine onto the VomBaur property. The letter <br />states the flood impacts have economically impacted Mr. VomBaur. The letter states when the water <br />elevation in the Poudre River raises the river does not crest and flood much of the VomBaur land, however <br />then the Poudre River floods the Riverview Resource site, water enters the VomBaur land through a gap in a <br />30 foot wide berm and through a 4 foot wide culvert. The letter states 13 acres of the VomBaur 15 acres of <br />land were flooded by 26 inches of water for almost a month. The flood waters have damaged a land bridge <br />improved by the farmers leasing land from Mr. VomBaur. Mr. VomBaur states they are unable to continue <br />leasing the land because the land was unusable and not accessible for much of the month of May. Mr. <br />VomBaur is seeking a permanent fix by Al to prevent unwanted water from overflowing the Al mine site onto <br />his land and is seeking financial compensation for the lost rent for the 2015 year. <br />The VomBaur property was inspected by the Division and the Al representatives. The location of the culvert <br />was observed. The culvert was underwater at the time of the inspection, so the culvert pipe was not <br />observed. The leased portion of the VomBaur propery was observed, including a greenhouse in the clearing <br />south of the VomBaur house, which was partially completed. The eastern extent of the property and the bank <br />of the Poudre River were observed and the location of the 30 foot wide gap in the berm was observed. The <br />majority of the VomBaur property observed contained standing water or appeared to have been flooded <br />recently. Following the inspection, Mr. VomBaur emailed the Division videos of the flooding from earlier in the <br />month taken at the land bridge, berm gap and the eastern edge of the property. <br />Mrs. Davis stated the Riverview Resource site has begun dewatering activities in March in preparation of <br />resuming mining and reclamation activities in the northeast section of Cell 3. The site was not active at the <br />time of the inspection. <br />Based on FEMA flood maps a majority of the VomBaur property lies within the floodplain of the Poudre River. <br />The floodplain area includes the oxbow portion of the property, which appears to be the leased portion of the <br />property. The FEMA map is dated September 27, 1991 and does not appear to have been updated to reflect <br />the possible influences of the mine site on the floodplain. A copy of the map is attached. The Pre -Mining and <br />Mining Plan maps submitted by Al during the amendment application process in 2009 indicate the southern <br />half of the VomBaur property is within the 2003 Army Corps Floodway and a majority of the VomBaur <br />property is located within the 2003 Army Corps Flood Plain. <br />During the inspection, Al stated the southeast portion of Cell 3 was surveyed to determine the appropriate <br />seed mixture for reclamation. The Division requested a copy of the survey map. The map was emailed by the <br />Operator on lune 30, 2015. The survey map does not indicate the breached area was included in the final <br />reclamation grading plan. A copy of the map is attached. <br />Based on Google Earth Pro image review following the inspection, it appears the northern bank of the <br />southeast section of Cell 3 was breached during a flood event in 2011. The location is indicated on the <br />attached maps. The Operator failed to repair this breach area, as observed in later Google Earth images. As <br />cited as a problem, the Operator failed to repair the damaged section of the northern bank of the southeast <br />section of Cell 3 resulting in increased flood water flows into the VomBaur property. Therefore, the Division <br />believes Aggregate Industries failed to maintain the prevailing hydrologic balance in the area as required by <br />Rule 3.1.6 and Section 34-32.5-116(4)(h) of the Colorado Land Reclamation Act for the Extraction of <br />Construction Materials. The Operator must repair the breach in the northern bank of the southeast section of <br />Page 2 of 9 <br />