By Michael Howell
The deadline for acting on two controversial applications to develop gravel pits near Big Creek north of Victor has been granted an extended review period to give the Department of Environmental Quality (DEQ) more time to review the proposals.
On December 12, DEQ conducted a joint public meeting for the two permit applications pursuant to the Opencut Mining Act. Public comments received at the meeting indicated that substantial issues were not adequately satisfied by the proposed plans of operation. The five issues that need further consideration are the same for both permit applications which are located in proximity to each other along Big Creek in the Bell Crossing area.
According to DEQ’s letter announcing the extended review, proposed plans do not adequately prove protection of the quality and quantity of the shallow ground water resources that local residents use for drinking water and domestic needs and they do not adequately convey the interrelation of the pit hydrology to the neighboring Big Creek watershed. It was also found that they do not adequately address maintaining the conveyance of irrigation water through ditches contained within the site or the interrelation of pit hydrology with the ditches. The plans also need to address issues concerning cultural resources that have been identified as potentially being impacted through public comment, by the State Historic Preservation Office, and by the DEQ archeologist. Finally, DEQ found that the proposed plans do not make adequate provision for noise impacts on nearby residential areas.
According to the rules governing the process, the department has 60 days from the date it was determined the applications warrant an extended review to inspect the proposed site, if the department determines an inspection is necessary, and notify the applicants as to whether or not the applications are acceptable. If the applications are unacceptable, notice must be given to the applicants that include a detailed explanation of any deficiencies. Once the applicants have responded, the agency has another 30 days to review the responses and notify the applicants as to whether or not the application is acceptable.
If the applications are unacceptable, the department may for sufficient cause extend either or both of the previous review periods an additional 30 days if it notifies the applicants of the extension prior to the end of the respective original period. The department must include in the notification of extension the reason for the extension.
If the application is acceptable at that point, the department will issue permits to the operators that entitle them to engage in the opencut operations.
Anyone with questions about the process can contact DEQ’s Opencut Section at (406) 444-4970.