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South Hinsdale Response to Objections <br /> 12 July 2022 <br /> 4. RESPONSE TO AGENCY COMMENTS <br /> 4.1 History Colorado <br /> received May 20. 2022— Two points: <br /> No records of properties of historical significance recorded within proposed permit area; and <br /> requirements if associated with a federal undertaking. Response: No items of cultural, <br /> archeological, paleontological, or historical interest have been observed on-site. Pedestrian <br /> cultural resource surveys are not mandated for private property. Miners will be trained in <br /> identifying and properly responding to discoveries of cultural resources and human remains. <br /> Required actions if there is a direct connection to a Federal undertaking. Response: This is private <br /> property and access via USFS roads is considered a Cat X(Excluded category for action under <br /> NEPA). Although Kleckner Lane is on a USFS Right-of-Way(since 1928), the Right-of-way is not <br /> defined as a specific legal description (or even width) and therefore the landowner (Texers) is <br /> free to adjust and modify provided access is maintained. We will of course coordinate and consult <br /> with the USFS and Hinsdale County Road & Bridge, as well as frequent users of the Lane. <br /> 4.2 Colorado Parks and Wildlife <br /> received May 20, 2022—Major points: CPW recommends: <br /> (1) No permitted or authorized human activity from 1 Dec to 30 Apr annually. <br /> (2) Fencing to be wildlife friendly. <br /> (3) No ground disturbance year-round within 500 feet of OHW mark. <br /> (4) Limiting erosion and sedimentation into streams. <br /> (5) Controlling invasive weeds; incorporate active weed management forever. <br /> (6) Using "native drought-tolerant revegetation." <br /> Response: The CPW items are recommendations and cannot and should not be enforced without <br /> authority to do so by the General Assembly, not provided. This operation is located on private <br /> property and access is via federal property, which is under US Fish and Wildlife jurisdiction for <br /> matters of fish and wildlife. However: <br /> (1) As the Dancing Winds Ranch is private property, we understand the desire but cannot be <br /> bound by this recommendation. (See discussion following.) We are aware of and have <br /> observed similar operations in similar terrain and ecosystems with no perceived negative <br /> impact. In some locations, there has been increased presence of wildlife both during and <br /> following mining and reclamation, including winter operations in La Plata and Montezuma <br /> Counties. While we do not expect to excavate and process material during wintertime, and <br /> haul from the pit is expected to be minimal during the 3-4 months of winter weather <br /> (December-March), there is often a need to do so, in large part to provide for human safety <br /> and environmental protection. We understand that CPW is authorized to waive this <br /> prohibition for the months of December and January, which we request, and we will <br /> attempt to voluntarily comply, within our means, with the agency's recommendations. <br /> The operators will work to reduce human activity, commensurate with safety, health, and <br /> environmental needs requiring materials, during the months of February through April, and <br /> to limit activities in December and January. <br /> (2) Fencing as existing on the property is acceptable to USFS and may be assumed to be <br /> wildlife friendly. <br /> 5182-22-003 WASTELINE, INC. Page 60 of 107 <br />