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-FROM :SRGE HILL FRX NO. :970 785 6034 Apr. 22 2002 03:SSPM P1 Mr. Anthony J. Waldron 23 April 2002 Page 4 or not said additional headgate actually would be allowed. Nor has Owens Brothers contacted ma to determine where and what kind of ditch could be made on my farm to convey the water to the wetland. Nor has Owens Brothers contacted my neighbors to the east to determine if they would allow the use of the lateral on their farm for this purpose. Without permission from the ditch company, no new headgate can be added. it is meaningless to offer a mitigation procedure wfiich cannot be implemented. Therefore, I ask that as a condition of any miningpennit beinE issued. Owens $rofhers_be_[equiresLto., as a condition of any mining hermit being issued. Owens Brothecs,,shoygl~be required to come to an agreement with either the.. owner pf Sage Hill Farm or with the ownor of the Chance Ditch water. Such an alternative plan could take the form of pumping Last Chance Ditch water from a holding pond on the Nix farm across WCR 28 imo the south (upper) end of the wetland. B. Under section 6,2,3, oftheir report, WWL does not specify the amount of Last Chance Ditch water which would be made available for augmentation of the wetland. This important point should be clarified. During the irrigation season, portions of the Nix farm will be leased out for farming. Qf the Last Chance Ditch shares which Owens i3rothcrs owns, it should be made clear what portion of those shares will be kept in the river, what portion made available to augment the wetland, and what portion (if any) made available to the farmer leasing the Nix farm from Owens Brothers. Therefore, how myself to be adequate for the auementation program. C. In section 6.2.3,, WWE states that Last Chance Ditch water shall be made available to augment the wetland "if monitoring data shaw.s the wetland is becoming drier'', This definition of when the augmentation would be deemed necessary might be open to more than one interpretation, the main question being: Drier than what? To really answer this question, monitoring the seasonal fluctuations ofgroundwater levels in the wetland for several years would be necessary. Since we will not have that amount of time before the excavation starts, some sort of quantitative terms should he agreed upon ahead of time.