PERMFILE63706

• Permit No: M2006046
• IBM Index Class Name: Permit File
• Doc Date: 1/3/2007
• Doc Name: Response to 2nd Adequacy Review
• From: Banks and Gesso, LLC
• To: DRMS
• Media Type: D
• Archive: No

Applicant's Response to Second Adequacy Letter
Grand River Park Project, DRMS File M-2006-046
January 2, 2007
Page 9
The Corps issued a jurisdictional delineation (see attached documentation) on
September 14, 2006, subsequent to the applicant's last submittal to the Division
of Reclamation, Mining, and Safety.
There may be some jurisdictional and non-jurisdictional wetlands on the subject
property whose exact boundaries have not yet been delineated with the
concurrence of the U.S. Army Corps of Engineers (Corps). One such example is
the southwest corner of the site, which, as described above, is the subject of
uncertain wetland hydrology. Another example is the potential for wetland
pockets of non-jurisdictional size or character along irrigation ditches (ditches are
left practically undisturbed under the proposed mining and reclamation plans).
(3) Based on preliminary review of the current plans, the Corps informally
concurred with the applicant that the proposed avoidance strategy is sufficient to
ensure that no Corps permit will be needed for the proposed activities. The
Corps has thus far not required the applicant to submit for formal review or
written concurrence with the mining and reclamation plans.
The applicant will strictly observe all legal requirements under the authority of the
U.S. Army Corps of Engineers.
In sum, the applicant confirms the Division's three assertions, with some
clarifications.
(20, continued] In addition, the Division requests that the applicant provide a
written response from the Corps on their evaluation of the applicant's proposed
mapping and wetland delineation and whether a Corps permit will or will not be
required. Finally, the Division requests that the applicant commit to due diligence
in contacting the Corps and obtaining any necessary permits from them upon
their finding that a Corps permit is needed. In the event that a Corps permit is
needed, the applicant will need to incorporate any changes needed to the
approved mining and reclamation plan as a result of the Corps permit. Please
respond.
The applicant agrees with the Division's requirements. The written result of the
process by which the Corps reviewed the applicant's mining and reclamation
plans is attached to this adequacy response letter. (The record should be clear
that the applicant provided preliminary mining and reclamation plans to the Corps
for their informal review; it is inferred from the outcome of that review and the
Corps' referral response to the Division that the proposed avoidance of
jurisdictional wetlands does not trigger Section 404 permitting.) The applicant
will continue to exercise due diligence by contacting the Corps with a copy of the
proposed Reclamation Permit, when issued. The applicant commits to obtaining
further permits as deemed necessary by the Corps and will keep its Reclamation