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8/19/2018 <br /> Mr. Martellaro and Mr. Misbach <br /> Page 2 <br /> Summit Capital, LLC is the managing company for Eagle's Nest Mountain Ranch. I have <br /> represented Summit Capital and previous owners of Eagle's Nest Mountain Ranch since 2004 <br /> when similar issues arose regarding groundwater affected by the mining. <br /> Jurisdictional wetlands on Eagle's Nest Mountain Ranch were constructed by Everist <br /> Materials LLC as a Section 404 mitigation measure. The mitigation was required by the Corps of <br /> Engineers for reclamation of Love Pit on the east side of Highway 9, across from the current mining <br /> operation. Everist's half ownership of Lund Blue River Ditch was used in an augmentation plan <br /> (96CW0176) to replace out-of-priority depletions associated with mining and reclamation of Love <br /> Pit. The remaining part of the Lund Blue River Ditch is used by Eagle's Nest Mountain Ranch to <br /> irrigate hay. The irrigation duty is only about 10 acres per cfs, so there should be adequate water <br /> supply for flood irrigation. That 1904 water right has been affected by the change in mining method, <br /> as is described below. <br /> Attached Figure 1 shows the location of the gravel mine, Highway 9, Eagle's Nest Mountain <br /> Ranch and wetlands. Figure 2 is a detailed plan view of the wetlands and irrigated pasture across <br /> from the active mining Cell 4. Figure 3 is two east-west profiles that show the perceived change in <br /> the water table. Figure 4 is the section through Cell 4 that Everist provided in March 2016 for <br /> diligence in Well Permit No. 78035-F. <br /> Effects on Ground Water <br /> Profiles A and B show the effect of the mining method change on the ground water table on <br /> each side of Highway 9. The alignments of the two profiles are shown on Figure 2. The active <br /> mining Cell 4 is depicted left of Station 0+00 on the profiles. Three water table lines are shown, <br /> including (1) the pre-mining water table at elevations between 8540 (MSL) and 8542, (2) the "wet <br /> mining" water table and (3) the estimated water table for "dry mining" after the pit is dewatered, <br /> The Blue River is shown at Station 11+00 on Cell 4-A profile and at Station 10+00 on Cell 4-B <br /> profile. <br /> In pre-mining conditions, the water table in the pasture west of Highway 9 was less than <br /> three feet higher than the Blue River and the cross-valley groundwater gradient was almost flat. <br /> Cell 4 has been mined from south to north on a gentle downhill slope of about 1%. On the <br /> east side of Highway 9, wet mining has not created a significant drop in the water table because the <br /> highest ground elevation in the Love Pit wetland is about the same elevation (8534) as the nominal <br />