PERMFILE41904

• Permit No: M2004067
• IBM Index Class Name: Permit File
• Doc Date: 8/19/2005
• Doc Name: 2nd Adequacy Response
• From: Banks and Gesso LLC
• To: DMG
• Media Type: D
• Archive: No

MMRR Quarty, M-2004-067
Response to June 30 Adequacy Review (as amended)
August 19, 2005
Page 2
This letter is organized under three primary headings, with references to
supplementary materials where appropriate under each heading. A technical
revision to plans, eliminating the point of access opposite the Clear Creek
Convenience Store, is discussed first. We then provide detailed analysis and
response to the Division's adequacy comments of June 30 and August 2, 2005.
Finally, the Division's list of objections is used to provide, as appropriate,
additional comment on technical issues, reference to relevant discussion in this
or prior adequacy correspondence, and to note concerns regarding the
expansion of this review beyond the scope of the Construction Materials Act.
TECHNICAL REVISION TO PLANS
The March 23, 2005 Response to Adequacy Review contained a change
regarding the point of access to State Highway 119. Therefore, for the most
recent comment period and adequacy review, the point of access evaluated was
"approximately 700 feet south and east of the access initially proposed... this will
require additional blasting and earthwork at the commencement of operations."
This change was deemed an amendment because it increased the acreage of
affected land; the necessity of additional blasting was also potentially a
significant change to the proposed reclamation plan.
With this submittal, the point of access as proposed March 23, 2005 will be
eliminated. As illustrated on revised plans, the point of access will instead be in
the vicinity of shallow slopes and the relatively flat area near the intersection of
Highway 119 and the unnamed ephemeral drainage exiting the proposed quarry
site. No blasting will be required to construct at least the first 550 feet of the
access drive as currently proposed. Relative to the March 23 plans, this change
reduces total affected acreage from 39.95 acres to 39.28 acres and represents a
considerable reduction in blasting required to construct the access road,
especially in the vicinity of highway right-of-way. Unlike the changes included in
the March 23, 2005 submittal, the current revision reduces impacts and is not
classifiable as an Amendment (see Rule 1.1(6)).
Functionally, this revision reverts the point of access back to the location
originally proposed. The actual location of the new proposed access relative to
that originally proposed in November 2004 is offset to the north and west by a
distance of 106 feet; however, for the purposes of this permitting process, the
disturbance necessary for construction of the access drive and the area affected
by the alignment during operations are not substantially different from the
November 2004 access drive. This exact adjustment to the access location is
based on detailed analysis of the driveway by access permitting authorities, and
is intended to optimize the safety of the driveway.
The new point of access has been reviewed based on the State Highway Access
Code. Issuance of an access permit is anticipated in the near future. A copy of