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i) <br /> Boyd Irrigation Company <br /> 110010th Street, Suite 300 <br /> Greeley, Colorado 80631 <br /> Roger Schmidt RECEIVE® Lory Stephens <br /> President Secretary/Treasurer <br /> 970-371-3728 (/JUN 0 3 2016 970-350-9770 <br /> Eric Reckentine DIVISION OF RECLAMATION Danielle Perrot <br /> Vice-President MINING AND SAFETY Director <br /> May 27, 2016 <br /> Mr. Peter Hays <br /> Division of Reclamation Mining and Safety <br /> 1313 Sherman Street, Room 215 <br /> Denver, CO 80203 <br /> Dear Mr. Hays: <br /> The Boyd Irrigation Company ("Boyd") requests that the Division of Reclamation Mining and Safety <br /> ("DRMS") require DRMS permit number M-1992-069 permittee Aggregate Industries — WCR, Inc. <br /> ("Al") to comply with DRMS requirements by: <br /> • Stabilizing an unstable, eroded gravel-pit embankment. <br /> • Stabilizing Boyd's structures located adjacent to the pit <br /> • Reimbursing Boyd for erosion-repair costs incurred to date. <br /> AI's gravel pit was constructed without adequate erosion protection. The pit is located in the City of <br /> Greeley, north of F Street and west of North 35th Avenue, in the floodplain of the Cache la Poudre <br /> River. This area was designated as a shallow flooding zone with flow depths up to 2 feet during the <br /> pit's design phase with known FEMA floodplain mapping dating back to at least 1982. However, it <br /> appears that no embankment erosion protection was incorporated into the project design to address <br /> this known flood risk. As built,the pit's western embankment is unstable and has sustained significant <br /> erosion during flooding in 2010, 2013, and 2014. <br /> The eroded and unstable embankment has caused repeated "blow outs" to the Boyd Freeman Ditch <br /> ("Ditch"), owned and used by Boyd and located in an easement on the property mined by AI and its <br /> predecessors. As has been previously described to you,the Ditch used to traverse the mined property. <br /> The Ditch was relocated by predecessors of AI to an alignment on the western and northern edges of <br /> the property so that the property could be mined. The Ditch, on the western edge of the property, has <br /> been damaged in each of the 2010, 2013, and 2014 flood events, rendering the Ditch inoperable each <br /> time. This directly resulted in Boyd having to repair the Ditch, at an approximate cost of$1,116,000 <br /> to date. As part of the latest repair, Boyd is moving the pipeline the Ditch is now in slightly to the <br /> west and, in part, off the mined property. However,to comply with DRMS requirements,the pipeline <br />