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Division Comment <br />The Division accepts the conclusions of the wetland delineation study. No jurisdictional wetlands <br />are to be impacted by the activities at the site, seeps that will be affected by the access road are not <br />wetlands, and the valuable wetland and wildlife habitat will be preserved at the site. The post- <br />mining land use designated by the operator is not wildlife habitat. Therefore, the operator is not <br />required, by the Rules and Regulations, Yo produce new wetlands at the site to augment wildlife <br />habitat. <br />4. Rule 6.4.7(3) & (4) Exhibit G -Water Information <br />The Gundersens object to the operation because they claim the former landowner of the site <br />states that the area has a significant history of inadequate water, and water is the proposed <br />method for controlling dust at the gravel operation. <br />Division of Minerals and Geology (DMG) Responses <br />The question raised by the above comments is related to Rule 6.4.7 (3) & (4) of the Construction <br />Materials Rules and Regulations, which requires the applicant to provide an estimate of the <br />projected water requirement for the development, mining and reclamation, and to indicate the <br />projected amount from each of the sources of water to supply the project water requirements for the <br />mining operation and reclamation. <br />The applicant has indicated that the state has issued a commercial well conversion permit for a well <br />onsite, allowing usage of 7 acre feet per year at a rate of 15 gallons per minute. The applicant has <br />indicated that this amount of water is ample to control process dust and fugitive mine site emissions <br />during the operation. Water for reclamation of the site is available to the operator in the form of <br />imgation water from the Dashner Ditch at 800 GPM through the imgation season. <br />Division Comment <br />The Division has determined that the Applicant has adequately accounted for the proposed consumptive <br />use of water at the site and has indicated that the Operator has access to enough water to run the <br />operation, control dust, and reclaim the site. The Applicant has also acknowledged the requirements of <br />the Office of the State Engineer for the site and agrees to comply with the requirements. <br />5. Rule 6.4.8 Exhibit H -Wildlife Information <br />The Gundersens expressed concern over the presence of a bird nest located in a cottonwood tree <br />at the site. They have observed the presence of bald eagles in and around the nest during the <br />months of October and November. <br />DMG Response <br />The question raised by the above comments is related to Rule 6.4.8(1)(b) & (c) of the Construction <br />Materials Rules and Regulations, which requires the applicant to include a description ofthe game and <br />non-game resources on and in the vicinity of the application area including seasonal use of the area <br />4 <br />