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2022-07-18_PERMIT FILE - M2022018
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2022-07-18_PERMIT FILE - M2022018
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Last modified
1/16/2025 6:18:01 AM
Creation date
7/18/2022 12:53:26 PM
Metadata
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Template:
DRMS Permit Index
Permit No
M2022018
IBM Index Class Name
Permit File
Doc Date
7/18/2022
Doc Name
Objection Acknowledgement/Response
From
Wasteline, Inc / South Hindsdale Sand & Gravel LLC
To
DRMS
Email Name
LJW
THM
Media Type
D
Archive
No
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South Hinsdale Response to Objections r^^ <br /> 12 July 2022 <br /> (3) As with roads and bridges, excavation and fill of areas closer than 500 feet is necessary. <br /> Again, this is done on private property— no such activity will be done on public lands or <br /> lands with conservation easements. We believe that the 500-foot buffer is done incorrectly <br /> applying a setback which applies to oil and gas operations (under 2019's SB181) and not <br /> to mining of sand and gravel. Again, there is no evidence of jurisdiction provided on private <br /> or federal land. <br /> The operator will implement strict storm water and erosion controls (best management <br /> practices) to prevent any discharge of water from affected areas into channels flowing into <br /> the Piedra River directly or indirectly. The operator will also provide treatment to remove <br /> contaminants (including sediments and both dissolved and suspended materials) from <br /> water in case the volume and rate of precipitation (including snowmelt) exceeds the 100- <br /> year-frequency probability and must be discharged for safety reasons and to prevent <br /> damage to public roads (Piedra Road). The operator's intent is to discharge NO surface <br /> water. The operator will also seek to move operations back from the river(in accordance <br /> with the mining plan) in as expeditious manner as possible. <br /> The entire project will reduce sediment load of existing stormwater discharges and <br /> irrigation return flows from the Texer and Kleckner properties on a long term basin. This <br /> is especially of concern on the northern and northwestern edges of the proposed area to <br /> be affected. However, we do wish to point out that the permit area is NOT actually on the <br /> river and therefore efforts are limited as we cannot trespass on NFS lands. We believe the <br /> overall project, both during and following mining, will significantly mitigate existing and <br /> past problems with sediment contamination of the fishery, while continuing to avoid ANY <br /> surface discharge, with or without sediment, from operations. See Sections 1.12, 1.13, <br /> and 5.2. <br /> (4) Limiting erosion, sedimentation, and management of weeds is detailed in other sections <br /> of this response and in the initial application. These matters are of importance to the <br /> Texers as ranchers with livestock, and to other state and federal agencies, including the <br /> USFS which is neighbor on three sides (and downhill). Many customers of construction <br /> materials also require that the products be weed-free and the applicant commits to <br /> compliance. <br /> (5) Native grasses, as identified in the application and to be used, are drought resistant. in <br /> addition, some if not all areas of the reclaimed affected area (except roads) will be able to <br /> be irrigated and therefore does not require drought-tolerance. <br /> The CPW recommendations for annual winter prohibitions on activities and no ground <br /> disturbance within 500 feet of sportfish management waters are inappropriate as they both <br /> are a taking. If CPW recommendations are considered mandatory, then the following actions <br /> would be necessary: <br /> • Piedra Road must be permanently closed or relocated, along with major sections of State <br /> Highways and County and Forest Service Roads when within 500 feet of the OHWM of <br /> sport fisheries. <br /> • All construction and maintenance of many miles of highways and even in many cities and <br /> towns in Colorado must also be prohibited because of similar classification of streams <br /> which flow alongside roads and highways and through the built-up areas. <br /> • Further construction or replacement of bridges less than 1000 feet (plus width of the river <br /> channel) must be prohibited. <br /> 5182-22-003 1+ ASTELINE, INC. Page 61 of 107 <br />
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