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6 <br />and eliminate the water. Waste material removed from the screens flows back into the pond <br />behind the dredge. The mining process removes approximately 6% of the materials dredged. <br />Thus, as the pond is slowly filled it is correspondingly enlarged. Mined products are stored on-site <br />in various piles by gradation. During storage, the piles of sand and gravel naturally de-water and <br />drain back into the pond. Please note, it takes the hydro dredge one year to make a 180° arc <br />around the outside perimeter of the pond. <br /> <br />2.9 Areas of Alleged Unpermitted Fill <br />2.9.1 Left Bank <br />In June 2008, Builders Aggregate Company used a track loader and truck to remove sand from the <br />left bank of the River (Figure 5). The excavated and unsorted material was used as fill material to <br />create level surfaces on the northeast corner of the property in order to stockpile their sand and <br />gravel products. They created a sandy ramp that extended into the River below the OHWL and <br />excavated and stockpiled sand. Photo 9 illustrates the graded condition of the left bank on May <br />11, 2009 following the excavation in June 2008. Mr. Terry McKee of the Corps visited the project <br />site on June 25, 2008 and informed Builders Aggregate Company that they needed a permit from <br />the Corps in order to extract sand from below the OHWL of the River. Photos 10 and 11 illustrate <br />the existing condition of the Left Bank today, following the sand and gravel deposition during <br />periods of high River flows in June 2009. Please note, the stockpiled sand and gravel was <br />removed following the EPA visit on April 16, 2009. <br /> <br />In about 2005, Builders Aggregate Company placed fill in the High Flow Channel in order to <br />provide access to the River. This fill impacted 351 square feet of channel and the adjacent <br />sandbar willow wetland (Photo 12). <br /> <br />2.9.2 Right Bank <br />A series of photographs have been prepared to illustrate conditions on the project site from 1963 <br />to 2006. The 1963 aerial photo (Figure 11) was taken four years after sand and gravel mining <br />began in 1959. Please note the gravel mining ponds northeast (left bank) of the River, the mine <br />spoil area, and the undisturbed condition of the property southwest (right bank) of the River. <br />Please also note the flood condition of the River and the sandbar on the left bank. <br />Figure 12 illustrates the properties in 1969, four years after the severe flood of 1965, which had a <br />flow of at least 46,600 cfs. Please note the extensive deposits of sand along the River from the <br />flooding and the absence of mining southwest of the River on the right bank. This photo also <br />illustrates that almost all of the area north of the River has been mined. <br /> <br />Figure 13, taken ten years later in 1979, shows that the last remaining unmined area north of the <br />River has been mined and that mining has commenced southwest of the River on the right bank. <br />The eastern end of the area on the right bank has been mined and there is a spoil area, and the <br />mining pond has moved to the south. The mining pond has an outlet to the River. There is also a <br />small area of potential wetland along the River on the right bank north of the mined area. <br /> <br />Figure 14 illustrates the project site ten years later in 1989. The mining pond has moved to the <br />south and the spoil area on the north end of the right bank between the River and the property <br />line is much larger. The River now has a braided channel and it has deposited sand along the <br />right bank, which is likely vegetated with sandbar willows. A portion of this sandbar on the right <br />bank could have been a wetland. <br />Figure 15 illustrates the project site and right bank four years later in 1993. The mining pond has <br />moved all the way to the south end of the project site and the spoil piles are much larger and <br />extend all the way to the south end of the property. The area of wetland along the north end of <br />the River on the right bank is small and confined to the edge of the River. The channel of the <br />River is still braided.