2018-08-30_GENERAL DOCUMENTS - M1996049

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8/19/2018 Mr. Martellaro and Mr. Misbach Page 3 water level in the pit. Therefore, wet mining of Cell 4 is not expected to affect the water supply to the Love Pit wetland or to affect the pasture irrigation. Dry-mining, on the other hand, has affected the wetland which depends on groundwater as a water supply. The high-ground elevation in the Love Pit wetland is a constructed marsh in the most southerly portion of the wetland. That marsh area has, since 2004, been irrigated by upwelling groundwater flow from the west side of the highway. A 6-inch culvert was installed under Highway 9 in 2018 from the Mine discharge to the marsh. It was an attempt to supplement the natural water supply to the marsh to mitigate the water table depletion caused by the dry-mining method. The results of the culvert installation have been ineffective and overshadowed by the drawdown of the water level in the south pond. Dry-mining has had a significant effect on the water table since the water level in the pit is lowered by pumping, to a level 34 feet or more below the nominal static elevation. The elevation of Blue River is 8537 to 8541 ft. Figure 4 is an excerpt from Everist's "initiation of construction, site plan and cross section" diligence claim for Well Permit 78035-F on March 8, 2016. It shows the nominal elevation in the pit at 8,534 ft. and a minimum elevation of 8,500 feet. If all of the water is pumped from Cell 4 for dry mining, the water level will be about 40 feet lower than the Blue River across the valley. The nominal slope (or gradient) of the valley and the Blue River is 0.8% to 1%. The cross-valley groundwater gradient from the Blue River to Cell 4 during dry mining is 4%, 4 to 5 times as steep. The result is westward drainage and desaturation of the alluvium with a corresponding draw-down of the water table beneath the irrigated hay land and wetland. Irrigation of the north pasture with Lund Blue River Ditch has proven to be ineffective after the mining change because of the drainage of the ground water and lowering of the water table by 10 feet or more. The Eagle's Nest Mountain Ranch irrigator reported in 2018 that he could not get the water to "spread" as it quickly infiltrated and left the soils dry. The production of hay in 2018 was only about 15% of the 2017 yield. The efficacy of Lund Blue River Ditch has been compromised and injured by lowering of the water table, caused by the change in mining method. Cottonwood trees east of the pasture are also exhibiting signs of stress (not previously observed) that are indicative of soil water depletion. The annual drainage and recharge of the ground water table beneath Highway 9 causes injury to other senior water rights characterized by out-of-sequence stream depletions, especially