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PERMIT #: M-1989-120 <br />INSPECTOR'S INITIALS: PSH <br />INSPECTION DATE: June 26, 2015 <br />OBSERVATIONS <br />The Platte Valley Operation was inspected by Peter Hays with the Division of Reclamation, Mining and Safety <br />(Division/DRMS) as a follow up inspection to the inspection conducted by the Division on June 17, 2015. The <br />Division has received several phone call complaints from an adjacent landowner, Mr. Dan Rittenhouse, <br />regarding the flooding on his property from the mine site. Mr. Mike Beal with Xcel Energy has contacted the <br />Division regarding the power poles owned by Xcel located near the flood damaged property. Mr. Clay Kimmi <br />contacted the Division by email to inquire about the status of the flood repair so Weld County can repair the <br />bridge on County Road 6, which was damaged by the flood water and debris flows. Mrs. Connie Davis and Mr. <br />Chris Diller with Aggregate Industries - WCR, Inc. (AI) were present during the inspection. <br />Approximately 50 percent of the flow of the Platte River has been captured by the Platte Valley Operation. <br />The Division estimates 5000 cubic feet of water was flowing through the Platte Valley Operation site through a <br />200 foot wide breach in the east bank of the river at the time of the inspection. The flood path of the Platte <br />River breached the land west of the Phase 3 pond owned by Consolidated Mutual Water and Aggregate <br />Industries. The diverted flow continued through the Phase 3 pond, breached and entered the Gilheany Ditch <br />where the flow was directed north damaging the Weld County Road 6 bridge and land owned by Mr. <br />Rittenhouse. The diverted flood flow returns to the main Platte River channel on the north end of the <br />Rittenhouse property. A map showing the breached area and the diverted Platte River path is attached. <br />Based on Google Earth aerial photograph review following the inspection, it appears since March 2008 the <br />Operator failed to maintain the required 25 foot offset from their property line to the east shoreline of the <br />Phase 3 pond. A head cut feature is visible in Google Earth images from March 2008 through October 2014. A <br />large erosion channel is observable across the land owned by Consolidated Mutual and Al from the Platte <br />River into the Phase 3 pond since October 2013. The 2013 flood image on the Weld County Assessor's website <br />shows erosion of the land between the Platte River and Phase 3 pond and deposition of material into the <br />pond. <br />The Division believes a preferential path for the Platte River to breach the land, enter the mine site, continue <br />into the Gilheany Ditch and eventually offsite across Weld County Road 6 and through Mr. Rittenhouse's <br />property was the result of the following; the failure of Operator to maintain the approved offset distance <br />along the western shoreline of the Phase 3 pond, repair the head cut erosion feature since its first occurrence <br />in 2008, repair the erosion gully after the 2013 flood event and the location and shape of Phase 3 pond within <br />the Platte Valley Operation. Therefore, the Division believes Aggregate Industries failed to maintain the <br />prevailing hydrologic balance in the area as required by Rule 3.1.6 and Section 34-32.5-116(4)(h) of the <br />Colorado Land Reclamation Act for the Extraction of Construction Materials and Aggregate Industries failed to <br />protect areas outside the affected land from slides and other damage as required by Rule 3.1.5(3) and Section <br />34-32.5-116(4)(1) and (j) of the Colorado Land Reclamation Act for the Extraction of Construction Materials. <br />The Operator must work with the Army Corps of Engineers and Consolidated Mutual Water to return the <br />Platte River to its channel within 10 days of the mailing date of this report. Additionally, the Operator must <br />submit a plan, in the form of a technical revision, to restore the flood damaged land owned by Consolidated <br />Mutual and Aggregate Industries adjacent to the Platte River within 30 days of the mailing date of this report. <br />The Division was contacted by Ms. Rena Brand with the Army Corps of Engineer regarding the need for Al to <br />return the Platte River back into the original channel. The Division encourages the Operator to contact Ms. <br />Page 2 of 7 <br />