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• Gravel will be mined as much as 6 ft below the January, 1996 thalweg elevation (text); in <br />practice, this limit will be identified as approximately 5 ft below either the existing water <br />table or channel bed (Appendix A). <br />• Mining will be conducted such in a manner that the thalweg will never drop more than 6 <br />ft below its level in January, 1996 (text and Appendix B). <br />• The existing channel gradient will be maintained (Appendix B). <br />• Bank stability will be maintained by not mining in a 25-ft buffer zone next to the banks <br />(Sheet 1), and by rip-rapping as needed (text, Appendix B). <br />• The river bed will be left in a braided condition to spread flows and reduce erosion, if <br />necessary by excavating artificial channels after mining (text, Appendix A). <br />Initial Permit Conditions and Later Amendment <br />When executed in January, 1997, the permit did not incorporate these provisions; most <br />importantly, it applied the same excavation depth limit to Bar-D as to all other pits (no mining <br />below the existing low flow channel level). Roughly one month later, in an undated letter that <br />USACE received on February 13, 1997, Sugnet & Associates requested that USACE amend the <br />mining depth limit in the permit to "not more than six (6) feet below the elevations of the low <br />flow channels, as surveyed on January 3, 1996." <br />USACE accepted this permit change as well as the mining and channel monitoring plans <br />contained in the 1996 report (Art Champ to Ronald Pettigrew, 5/19/97). Sugnet & Associates <br />chazacterized the new depth limit as a "minor modification" although it gave the Bar-D operators <br />an unfair business advantage and increased mining impacts. <br />3.3 Compliance with Documentation Requirements and Recent Requests <br />• Baseline thalweg elevations were established during January, 1996, earlier than at other <br />pits. <br />• Most adjacent cross sections are approximately 100 to 400 ft apart, but two are <br />approximately 500 to 550 8 apart. <br />• Cross sections and longitudinal profiles were obtained once per mining season during <br />most (but not all) seasons after the permit was signed. <br />• To date, USACE has received one survey for each cross section during 5 of 7 mining <br />seasons after the permit was signed, for a total of 65 surveys; in comparison, the <br />monitoring plan (text) promised two surveys of each cross section per year, or a total of <br />182 surveys (Table 1). <br />• Cross sections were not included in the first two "Bank Stabilization and Channel <br />Survey" reports, but when provided they showed all prior surveys. <br />• It appears that all of the surveys furnished so far depict pre-mining conditions as defined <br />here (see Section 2.0). This interpretation is based on specific mining dates for the last <br />four years (Paul Sugnet to Kara Hellige, 10/16/03) and the fact that earlier surveys were <br />done about the same time of yeaz. In contrast, Sugnet & Associates (later renamed <br />Sugnet Environmental) regazds these as post-mining surveys (Sean Moore to Lesley <br />McWhirter, 8/25/03). <br />Gillam to Hellige, Nov. 28, 2003 page 4 <br />