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12/7/2018 <br /> Mr. Means and Mr. Scott <br /> Page 4 <br /> while the sensitive aquifer has been shown to be near-surface saturation east of the mine <br /> (the Love Pit Wetland). <br /> We request that the effects of mining Cell #4 and all future cells on the groundwater table be <br /> reviewed as they should have been reviewed in 1996, and that appropriate mitigation measures to <br /> protect aquatic resources be incorporated only through an Amendment process. <br /> 3. Even though DRMS ordered Peak Materials to cease dewatering in September 2018, the water <br /> level in the Love Pit Wetland only reached normal elevation in mid-November. The water level <br /> in the Love Pit Wetland was more than 2 feet lower than normal during most of the growing <br /> season and at the time that dewatering stopped. Peak Materials' mine operations in 2017 and <br /> 2018 caused adverse impact to the Love Pit Wetland and will occur in future years if dewatering <br /> continues without effective mitigation. The owner and future owners of the Eagles Nest Mountain <br /> Ranch meet the definition of a Party who has been directly and adversely affected or aggrieved by <br /> the conduct of a mining operation...whose Interest is entitled to legal protection under the Act <br /> (Rule 1.1-Definitions (34.1)). We therefore request declaration of Party status in these and all <br /> future actions by DRMS because of demonstrated adverse effects of mining on the Love Pit <br /> Wetland. Eagle's Nest Mountain Ranch should be automatically notified as a Party to any and all <br /> proceedings, Amendments, Technical Revisions, or regulatory actions for the Maryland Creek <br /> Ranch mine and should not have to depend on newspaper publications or frequent monitoring of <br /> the DRMS site to be informed of changes. <br /> 4. DRMS should be the lead agency and take an active role in the technical review of Peak <br /> Materials' groundwater recharge system design and operation,including inspection during start-up <br /> and on-going operations. <br />