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10/5/17 <br /> Mr. Montgomery, USACE <br /> Page 8 of 12 <br /> (Corps file 19910078) and those wetlands aren't even mentioned in the Maryland Creek <br /> Ranch permit (Public Notice 199675341), so it's my guess that any action would not be a <br /> permit action. However, the Love Pit wetlands are jurisdictional Waters of the US, and <br /> therefore regulated under Section 404. There should be some vehicle for the Corps to <br /> ensure that the Love Pit wetlands are not impacted by future mining and reclamation. We are <br /> specifically requesting that you consider the following: <br /> 1. Monitoring Everist's actions to recharge groundwater from the west side of Highway 9 to <br /> ensure that the wetlands of the Love Pit South Pond, and particularly the marsh area, <br /> have a water supply that continues through the life of active mining and reclamation, <br /> 2. Facilitating periodic soil and plant transect surveys of the constructed wetlands at the <br /> South Pond for the remainder of the active mine life to determine whether there is any <br /> deterioration of the Functions and Values of the wetlands caused by mining on the west <br /> side of Highway 9, and <br /> 3. Facilitating a review of the groundwater hydrology and connections between Lake 5, <br /> Lake 6, Love Pit South Pond, and the wetlands between the South Pond and Highway 9 <br /> to determine whether the groundwater supply will be sustained during mining and after <br /> final reclamation. <br /> The Owners should not have to expend funds for engineering studies determining <br /> the effects of the gravel mining on groundwater and the wetlands and/or solution. By <br /> "facilitating" I mean using the Corps' authority to ensure that the necessary surveys and <br /> analyses are performed by the entity causing the impacts, in this case the mining company. <br /> This approach and the requested actions are not intended to leverage any regulatory <br /> fines or penalty actions. Rather, they are meant to encourage that you open a file on the <br /> Love Pit wetlands, and to open a dialog between the Corps and the operator that will survive <br /> the involvement of the current Owners, the mine operators, and even myself to ensure that <br /> the wetlands will survive and information and the history of the Love Pit wetland won't be lost. <br />