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10/5/17 <br /> Mr. Montgomery, USACE <br /> Page 2 of 12 <br /> Figure. That figure is an overlay of Everist's Reclamation Plan map over a 2015 Google <br /> Earth aerial photo. Figure 2 shows key elevations of water surfaces from a 2004 topographic <br /> survey arranged by a past owner of the Eagle's Nest Mountain Ranch that relate to the <br /> reclamation plan. <br /> I am also attaching several documents related to both the Love Pit and the current <br /> Maryland Creek Ranch Section 404 permits that are relevant to this request. <br /> It is my opinion that the Corps is the appropriate regulatory authority for addressing <br /> this issue since the Owners are not party, as objectors or otherwise, to the gravel company's <br /> mining permit through the Colorado Department of Reclamation, Mining, and Safety(DRMS). <br /> Indeed, the acceptance of the constructed wetlands by Anthony Curtis of your office on <br /> August 12, 2004 should explicitly make those wetlands jurisdictional, regulated Waters of the <br /> US, and subject to Section 404 rules. Accordingly, the intention is to communicate directly <br /> with you with these concerns instead of to the DRMS. <br /> Background and History of the Love Pit Constructed Wetlands <br /> The Love Pit (Colorado DRMS Permit # M1982164) has a long history with Section <br /> 404 regulation, beginning with notices to the gravel pit operator(LG Everist Inc) and the past <br /> land owner (Gert Young) that the operation was in violation of the Clean Water Act, Section <br /> 404 and that a wetland mitigation plan and permit would be required. I can supply copies of <br /> those notices to you if you need them. <br /> LG Everist subsequently engaged the services of Wright Water Engineers (WWE) to <br /> design and oversee construction of the mitigation wetlands. A copy of the 1990 WWE <br /> Environmental Evaluation is attached, which states that the proposed groundwater supply to <br /> the proposed constructed wetlands is the same as the pre-mining supply and will fluctuate <br /> very little. An excerpt from the Reclamation Plan follows: <br /> Water Suppiv The water supply for the wetlands will be provided by shallow <br /> groundwater which provided the supply for the wetlands prior to mining. <br /> Groundwater levels are influenced by the Blue River, local precipitation and the <br /> adjacent alluvium. The Blue River in this reach has a fairly constant baseflow. <br /> Observations of pond water levels indicate that there is little fluctuation in water <br />