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, DBMS File M-2006-046
January 2, 2007
Page 2
of storage must be presented to the Division prior to the placement and operation
of any diesel fueling equipment on the site.
With the identification of potential diesel fueling operations, it is the applicant's
intent to disclose and respond to general concerns regarding this activity. No
public comment was submitted, and the Division and applicant may presume
that, to earn approval, any future submittal will incorporate adequate technical
requirements for safe, contained operations. In addition to review by the Division
of Reclamation, Mining, and Safety, diesel fueling operations are subject to
regulatory control by other state and federal authorities, as referenced in the
initial adequacy response.
While the applicant understands and acknowledges that the Division must
reserve the right to deem a future submittal of an "amendment," the scope of the
potential diesel fuel storage and dispensing operation will be limited to on-site
fueling needs, typical of the equipment mobilized at a sand and gravel operation.
An "amendment" is defined under Construction Materials Rule 1.1 as "a change
in the permit or an application which increases the acreage of the affected land,
or which has a significant effect upon the approved or proposed Reclamation
Plan." According the same Rule, a "technical revision means a change in the
permit or an application, which does not have more than a minor effect upon the
approved or proposed Reclamation Plan." Given that on-site fueling is implicit to
standard sand and gravel mining practices (e.g., heavy equipment will not be
demobilized and re-mobilized every time refueling is required), a centralized
facility simply offers an economical way to dispense fuel at one point, rather than
many, in the field. Without disputing the Division's ability to deem a future
submittal an amendment, the applicant expects that such technical details will not
substantially change any aspect of the affected land footprint or reclamation
plans.
With the above notes provided for clarity, the applicant confirms the Division's
understanding as reflected in the above comment.
10. For the purposes of reclamation cost estimating by the Division, please
provide the dimensions of the clarification basin to be constructed at the northern
end of the Phase 18 mining area.
As an initial matter, this submittal revises earlier plans respecting the clarification
basin. The assumption of earlier plans involved a collection basin, intended for
water quality functions prior to discharge. For practical reasons (e.g., sediment-
handling capability of pump equipment, sedimentation design requirements) it
has been determined that a centralized collection basin will be eliminated in favor
of filtration and water quality measures implemented prior to the point(s) of
pumping, on the floor of mining cells.