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Grand River Park Project, M-2006-046 Response to Adequacy Letter of August 1, 2006 6 September 2006 Page 13 proposal for aggregate mining and is in possession of the jurisdictional delineation obtained by the land owner for planning purposes. Both the Last Chance and Rising Sun Ditches have greatly influenced hydrology on the subject site, which may account for the Division's observation of wetland vegetation in areas not identified as wetlands in the application. In addition to areas deemed non-jurisdictional due to their dependence on artificial hydrology, there are many areas of the site with dramatic qualitative variation in vegetation, soils, and natural hydrology as jurisdictional factors. The Corps has recently released its internal policy regarding the U.S. Supreme Court's holding on jurisdictional determinations following the issuance of the Rapanos decision in June 2006. A concurrence decision for the jurisdictional delineation of the subject site is pending, but may be substantially delayed by the federal agency's need to reformulate guiding policies. The applicant intends to avoid and buffer ail jurisdictional wetlands identified in the final concurrence by the Corps. Conceptually, it is the intent of the applicant to eliminate the need for a Corps dredge and fill permit (e.g., 404 or Nationwide) by avoiding jurisdictional wetlands. The applicant commits to following all applicable regulations concerning wetlands, whether this is to avoid triggering permit jurisdiction or to permit activities that may disturb wetlands within the M- 2006-046 permit boundary. 21. In accordance with Rule 6.4.7(2)(b), the Division requests that the applicant identify and characterize the aquifer to be mined in or through. The Division also requests that the applicant define or predict the cone of depression expected for any areas to be dewatered. The cone of depression and assessment of other effects should define, at a minimum, the horizontal and vertical extent of the expected impacts. If during the assessment, the applicant determines that a drawdown effect will occur offsite that may impact a current groundwater user, the applicant should explain any mitigation measures to be implemented and trigger points that would cause mitigation measures to be put into effect. The applicant will also need to establish a baseline for the current groundwater levels through at least five quarters of ground water level measurements. As noted on page 18 of Exhibit G, the applicant retained the services of a professional hydrogeologist to model the potential groundwater effects of the mining proposal and to suggest mitigation techniques where appropriate. The study was pertormed by Martin and Wood Water Consults, Inc., and is attached to this adequacy response for the Division's perusal. While Rule 6.47(2)(b) may or may not anticipate such extensive study, the applicant submits that this study enables compliance with Rule 3.1.6, particularly compliance with state laws