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Peter Hayes Page 2 <br /> still needs to be protected from future damage due to AI's inadequate erosion protection of the gravel <br /> pit. <br /> Flooding in the area of the pit consists of overland flows traveling from west to east from the Cache <br /> la Poudre River to and through the AI pit. The pit embankment's steep slope provides a mechanism <br /> for historically stable, and comparatively slow overland flow, to accelerate as it cascades down the <br /> manmade slope. This rapid acceleration causes an increase in velocity, which is results in erosion of <br /> the embankment. This increase in erosion potential is confirmed by historic areal imagery. There is <br /> no evidence of significant erosion events being observable prior to the presence of the pit. After the <br /> three events,the embankment of the pit shows significant erosion. This evidence allows us to conclude <br /> that the erosion events originate at the pit embankment constructed by AI; and that the AI pit does not <br /> comply with DRMS erosion protection and reclamation requirements. <br /> The flood hazard in this area was known during the pit's design phase. Embankment erosion <br /> protection capable of withstanding flood flows, and protecting Boyd's adjacent structures,should have <br /> been implemented. Repeat flooding and associated erosion of the pit embankment in 2010, 2013, and <br /> 2014 confirm the flood risk and demonstrate that the current pit configuration is not adequate. To <br /> address this situation, the erosion on the embankment must be repaired and embankment erosion <br /> protection, that is able to protect Boyd's structures and withstand the known flood risk, must be <br /> constructed. <br /> Boyd appreciates the DRMS' assistance in addressing these issues by requiring AI to repair and protect <br /> the pit embankment; stabilize the pipeline; and reimburse Boyd for erosion repair costs incurred after <br /> the 2010, 2013, and 2014 blow outs in the approximate amount of$1,116,000. Boyd can submit proof <br /> of these repair costs upon your request. <br /> Best regards, _,,,ep / <br /> 771'f <br /> Roger Schmidt, President <br /> Boyd Irrigation Company <br /> cc: Board of Directors <br /> Christie Coleman, Engineer <br /> Jeff Kahn, Attorney <br />