Laserfiche WebLink
T <br /> 12/7/2018 <br /> Mr. Means and Mr. Scott <br /> Page 3 <br /> of the effects on the groundwater table constitutes disturbance of the prevailing hydrologic balance <br /> (Rule 3.1.6) of the surrounding area during normal mining operation, manifested as injury to <br /> existing water rights and causing damage to the Love Pit Wetland, a facility constructed by order <br /> of a federal"dredge and fill permit". <br /> 2. The 1996 application for the M1996-049 permit was deficient and incomplete because the Exhibit <br /> Maps for the Mining and Reclamation Plans portrayed the Love Pit Wetland as an "EXISTING <br /> GRAVEL OPERATION". The application was misleading for the following reasons: <br /> a. The applicant (L.G. Everist, Inc.) was also the Perm itee of said "EXISTING GRAVEL <br /> OPERATION", the Love Pit mine operating under DBMS Permit M1982-064. A Notice <br /> of Violation from the USACE on May 11, 1989 resulted in a mitigation plan (August <br /> 1990) and a permit to construct 28 acres of compensatory wetlands for the Love Pit mine <br /> issued by the USACE on July 19, 1991. The compensatory wetlands would be less than <br /> 200 feet from Cell#4 of the Maryland Creek Ranch mine, and predated the application by <br /> five years. The compensatory wetlands would depend on groundwater flowing from the <br /> direction of the Maryland Creek Ranch mine. Yet there is not a single reference to the <br /> Love Pit Wetland and potential effects on its sustainability in the application for the <br /> Maryland Creek Ranch mine permit. <br /> b. The USACE relied on the same map that listed the activities east of Highway 9 as <br /> "EXISTING GRAVEL OPERATION" in Public Notice 199675341 for a Section 404 <br /> permit for the Maryland Creek Ranch mine dated January 23, 1997 (DRMS PERMFILE <br /> 63778). In that notice the USACE states that the Applicant would be "avoiding the <br /> excavation of waters of the U.S. for aggregate removal". Peak Materials' proposed <br /> dewatering of the mining cells constitutes excavation of waters of the U.S. for aggregate <br /> removal and contradicts the 404 (dredge and fill) permit for the Maryland Creek Ranch <br /> mine. <br /> c. The statements in Exhibit G — Water Information in the M 1996-049 Application (1) <br /> declare that the operation is not expected to directly affect surface or groundwater <br /> systems, and (2) only describes groundwater aquifers to the west of the proposed mine <br />