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Mr. Peter S. Hays, Division of Reclamation, Mining &. Safety <br />February 3, 2017 <br />Page Two <br />AGGREGATE <br />NDU57RIE3 <br />bank of Cell 3 resulting in increased flood water flows into the Vom Baur property. Under the <br />"Observations" section of the report, the Division states that this area was breached during a <br />flood event in 2011 and that Aggregate failed to repair the breaches following the 2011 flood <br />event and did not repair them as part of the 2015 breach repair work in Cell 3. <br />Aggregate disagrees that the damaged area observed by the Division during the July 12, 2016 <br />was the result of flooding in 2011. Based on the Google Earth aerial photography from August <br />18, 2012, which was included in the Division's report of its June 26, 2015 inspection, it does not <br />appear that there were any breach areas other than the one cited in the 2015 report. Google Earth <br />aerial photography from June 19, 2014 also shows only the breach area cited in the 2015 report. <br />That breach was repaired in August 2015. No additional breach areas are evident in the most <br />recent Google Earth aerial photography from September 7, 2016. Copies of the referenced 2014 <br />and 2016 aerials are enclosed. <br />Aggregate believes that there has been some sloughing of the slope in the newly identified areas <br />but disagrees that this condition is a failure to maintain the prevailing hydrologic balance <br />resulting in increased flood water flows into the VomBaur property. As shown on the currently <br />approved Pre -Mining and Mine Plan maps for the Riverview Resource operation, the southern <br />half of the VomBaur property is in the floodway and the majority of the rest of the VomBaur <br />property is in the floodplain; therefore, flooding of that land can be anticipated. Also, as noted in <br />the Division's 2015 and 2016 reports, there is a 30 -foot gap in a berm located on the southeastern <br />portion of the VomBaur property which is part of the natural topography of the area prior to <br />mining at Riverview Resource. The gap in this historic feature may also contribute to increased <br />flood flow on the VomBaur property. <br />While Aggregate disagrees that conditions on the Riverview Resource site are a failure to <br />maintain prevailing hydrologic balance, the damaged sections along the northern bank of Cell 3 <br />will be repaired. Access to the area has been limited due to weather related site conditions and it <br />has not been possible to proceed with repairs in order to meet the current February 7 corrective <br />action date set forth in the Division's inspection report. Aggregate is coordinating schedule with <br />the contractor who will perform the repairs and proposes to make the repairs by April 15 and to <br />resurvey the area to verify topography within 30 days of the repair. <br />Please let me know if you have any questions or need additional information. <br />Very truly yours, <br />j <br />Connie N. Davis <br />Land Manager <br />Enclosures <br />