PERMFILE112009

• Permit No: M2006046
• IBM Index Class Name: Permit File
• Doc Date: 10/4/2006
• Doc Name: Adequacy Review #2
• From: DRMS
• To: Banks and Gesso
• Media Type: D
• Archive: No

Mr. Bill Roberts
Adequacy Review No. 2, Permit Application No. M-2006-046
October 4, 2006
Rule 6.4.5 Exhibit E -Reclamation Plan
12. Based on further review of the soils information provided on the Pre-Mining Plan Map, zero to sixty inches of
material suitable for use as topsoil is available for reclamation. Using this range of depths, an average depth of
material available for use as topsoil could be estimated to be thirty inches. Therefore, the Division requests that the
applicant commit to replacing at least thirty inches of topsoil in order to successfully establish a diverse, effective, and
long-lasting vegetative cover as required by Rule 3.1.10.
The Division understands that the applicant believes that the construction of Interstate 70 has resulted in the removal
of most of this material and that the actual amount of material available for use as topsoil may be less than what is
indicated by the USDA SCS. Therefore, the Division requests that the applicant demonstrate, to the satisfaction of the
Division, the actual depth of topsoil present on the site. Adequate demonstration might include a soils investigation
consisting of either test pits or soil borings and associated test piWoring logs documenting the cun•ent soil profile.
Another option might include a detailed plan on how to test and insure that the growth medium will be equal in
nutrient value to the existing growth medium. Please respond.
13. In the Reclamation Plan, the applicant commits to following the recommendations of the NRCS in order to reestablish
vegetation on the site. However, on the Reclamation Plan Map the applicant has added a Plant Schedule consisting of
several types of trees and shrubs. The Division appreciates the applicant's effort to establish a diverse vegetative
cover with the use of trees and shrubs, but please provide a standazd for the surviving quantity after five yeazs or upon
a future release request.
Rule 6.4.6 Exhibit F -Reclamation Plan Mau
18. Please provide documentation from the owner of the overhead power line to be relocated that relocation of the line
has been authorized.
Rule 6.4.7 Exhibit G -Water Information
19. With respect to the issuance of the TSSP and Well Permit as required by the Office of the State Engineer (OSE),
please commit to the following measures: a) Providing the Division with written demonstration of an approved TSSP
and Well Permit prior to initiation of de-watering activities at the Silt Pit, and b) Providing the Division with written
notice of when de-watering activities have begun at the Silt Pit.
20. It is the Division's understanding that no existing wetlands, whether jurisdictional or non jurisdictional, will be mined
through during the mining phase and none will be created during the reclamation phase of the Silt Pit. It is also our
understanding that there may be jurisdictional as well as non jurisdictional wetlands on site; however, the exact
boundaries of these areas have not yet been confirmed by the U.S. Army Corps of Engineers (Corps). Finally, the
Division understands that a Corps determination of whether a Corps permit will be needed for the proposed activities
has not yet been made. Please confirm if these three (3) assertions are correct.
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.
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. Specifically, please provide the following: