PERMFILE49711

• Permit No: M2005066
• IBM Index Class Name: Permit File
• Doc Date: 4/6/2006
• Doc Name: Adequacy Response
• From: Banks and Gesso LLC
• To: DMG
• Media Type: D
• Archive: No

Ms. Erica Crosby
Division of Minerals and Geology
Rule 6.4.10 Exhibit H-Wildlife Information
April 5, 2006
Page 11 of 21
26. The applicant suggests that mining in the southwestern portion of the site
commence once the burrowing owls have left for the winter. Please state the dates
in which the area will be avoided and mining will not occur in this area.
The applicant commits to not commence stripping in Phase 1 until the burrowing owl
has left for the winter, which typically will happen in October. If the applicant can
demonstrate that to the Division via a Technical Revision that an owl has not nested
in the south west area during the summer in which stripping is expected to
commence, then this restriction shall not apply. After mining has begun in this area,
it is assumed these owls will not return to the site due to the removal of prairie dog
burrows, and there will not be a time or date restriction on continued mining
activities.
Rule 6.4.11 Exhibit J-Vegetation Information
27. Wetlands are noted to exist on site (noted A, 8, and C). Please state if the areas
defined as wetlands will be reclaimed to wetland areas and provide additional
information regarding the reclamation of the wetlands. In particular, please state the
final reclaimed slopes, depth of topsoil to be replaced and the wetland seed mixture
to be utilized.
No wetland reclamation is planned. As described in response to question 3, wetland
areas A, B, and C were determined to be non-jurisdictional and were previously
eliminated. These areas will become part of the Phase 2 reservoir to be constructed
as the post-mining use for the east part of the site.
Rule 6.4.12 Exhibit L-Reclamation Costs
28. The operator is requesting that 20% of the slurry wall liner be submitted, with the
commitment that the slurry wall will not be constructed until construction information
is submitted. For an operator to be eligible for the 20% bonding option, the Division
must have a high degree of assurance that the liner or slurry wall installed by the
Operator will meet the State Engineer's performance standard. This assurance is
provided through inclusion of design documents, plans and specifications, and a
quality assurance program as enforceable components of the reclamation permit.
The factors that must be addressed in the reclamation plan include the design of the
slurry wall (including construction plans and appropriate drawings), technical
specifications, construction quality control/construction quality assurance (GQA) and
a final construction report including the CQA Engineer's certification. The applicant
has two options in order to qualify for the 20% slurry wall installation cost;
a. Include a general description of the slurry wall installation. The application
would be approved with a commitment stating that a liner or slurry wall design,
specifications, and quality assurance plan would be submitted as a technical
revisian and the revision would be approved prior to the exposure of
groundwater in the pit, or