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IV. Remediation <br /> A stable slope on the Aggregate Industries property from the FMIC Ditch bank must be <br /> established and maintained. By this Complaint, FMIC requests that the DRMS under it mining, <br /> reclamation, and permitting authority require that Aggregate Industries immediately fulfill its <br /> legal and permitting obligations to stabilize the severe embankment undercutting and prevent <br /> erosion from impairing and damaging the pre-existing FMIC Ditch within its historical <br /> easement. FMIC believes that the actions to be taken by Aggregate Industries, without <br /> limitation, must consist of the following: <br /> 1. The banks of the FMIC Ditch through the permitted property should be constructed by <br /> Aggregate Industries to a stabile 3:1 slope from the farthest edge of the side of the FMIC <br /> Ditch and roadway, including proper fill material and compaction under applicable <br /> engineering standards ("Ditch Slope Restoration"). <br /> 2. The reconstructed area of the Ditch Slope Restoration should be seeded by Aggregate <br /> Industries with native vegetation, and that vegetation should be established to the point of <br /> a self-sustaining native ground cover, including any necessary irrigation, replanting, and <br /> weed control ("Vegetation Requirements"). <br /> 3. All of the work under the Ditch Slope Restoration and Vegetation Requirements should <br /> be performed in a workmanlike manner in accordance with industry standards, and <br /> warranted for a period of two years after the vegetation is established. <br /> 4. Prior to any work by Aggregate Industries, the plans and specifications for the Ditch <br /> Slope Restoration and the Vegetation Requirements should be submitted to FMIC for its <br /> approval, which approval will not be unreasonable withheld or delayed. <br /> 5. To any extent not already in place, the Ditch Slope Restoration and the Vegetation <br /> Requirements should be incorporated into Aggregate Industries' existing mining permit, <br /> reclamation, and bonding. <br /> 6. After the use of suitable and available fill materials from the Aggregate Industries site, <br /> Aggregate Industries could use available silt material provided by FMIC at no cost from <br /> FMIC's nearby Big Johnson Reservoir site. <br /> 7. Aggregate Industries should (i) acknowledge the existing historical FMIC Ditch easement <br /> and that it will not interfere with FMIC's full use and enjoyment of its ditch easement and <br /> the transportation of water through the FMIC Ditch, and (ii) accept that seepage naturally <br /> occurs from the FMIC Ditch in accordance with its historical and lawful practices. <br /> Thank you for your immediate attention to this important matter. Please contact us if <br /> anything further is needed to proceed with this Complaint. We believe your site visit with FMIC <br /> would clearly demonstrate the serious nature of the problem and the need for immediate action. <br />