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FROM :SRGE HILL FAX N0. :970 785 6034 Rpr. 22 2002 03:54PM P1 Mr. Anthony J. Waldron 23 Apri12002 Page 3 C. I have not seen any mention in W WE's report as to the length of duration of this proposed mitigation procedure. Is Owens Brothers committing to augmenting the wetland from Minc Area 1 for the duration of the active mining or on a perpetual basis? perpetuity, unless and until the wetland shall cease to exist for reasons other than the Qty_r<ns_Brothers_mining_operations and subsequent lake leveling_etF~gta., 2. Stop Logs Tn section 6,2.2. ofthe WWE report, it states that additional stop logs should be added to the existing water control structure in the slough. The water control structure in the wetland was put in place a few years ago under the Wetland Reserve Program grarK. Before the water control structure was put in place, the slough used to pond up due to silt creating a natural dam. We felt that the water corrtrol structure would give greater control over managing the two functions of the slough, which arc: (1) to recharge the wetland hydrology, and (2) to provide drainage for neighboring farms so that those farmers do not encounter a seepage problem in their fields. While it is certainly possible to experiment with using additional stop-logs in the slough's existing water control structure, any changes in the use of stop logs should be at the sole discretion of the owner of the wetland, 3. Augmentation Using Last Chance Ditch Water In section 6.2.3. of their report, W WE recommends that Last Chance Ditch water be made available to augment the wetland while Mine Area l is being excavated. I agree with this recommendation. A. One concern I have regarding this matter is that Owens Brothers can currently offer no guarantee that they can follow through on tfiis procedure as outlined in their report. In a W WE letter to me dated April 18, 2002, it states: "Owens Rrvs. would be willing to investigate building a simple headgate and lateral,jmm the .Side Hill Uiich io the slough. They would work with the adJacenl properly owner and ditch company for permission to do this." Tn a phone conversation with Tug Martin of Banks & Gesso in November 2001 and again in a letter dated January 30, 2002, I pointed out to Owens Brothers that no headgate currerrtly exists in the Side Hill Ditch at the point from which they propose to divert the Last Chance Ditch water to the wetland (mitigation Item Z, Figure 6, of WWE's report). Also no ditch between the non-existent headgate and the wetland exists on my farm. In the almost six months since I first drew their attention to these omissions, Owens Brothers still dots not appear to have contacted the ditch company to determine whether