2022-07-18_PERMIT FILE - M2022018

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South Hinsdale Response to Objections 12 July 2022 reclamation."The 110c application submitted to Colorado DRMS and as part of the County application constitutes a reasonable impact mitigation plan addressing all these issues. Other commercial activities, including a store, campgrounds and home/ranch-based businesses, such as trucking, guiding, and construction/maintenance already are present in the South End and have been for decades. The Texers themselves have a commercial enterprise (rental cabins and pavilion) on the Dancing Winds Ranch. See discussion of erroneous claims in Section 5.11. Several comments claimed the pit boundary is within 500 feet of the "Upper Piedra Campground." Response: This was a USFS campground which was abandoned, reclaimed, and partially replaced in 1963 by a picnic area on the opposite bank of the river. Others pointed out the location of the trailhead parking area for the Ice Caves Trail and Piedra River Trail, about 1,000 feet to the north-northwest of the pit boundary, which is located on a former and reclaimed USFS gravel pit. It too is on the opposite side of the river and somewhat higher elevation (about 7680 versus about 7648 for the Piedra Road/Kleckner Lane intersection). Both facilities are well outside the standard area of consideration for negative impacts to significant manmade structures (200 feet). Incompatible with scenic highways/drives Several cgrpipenters claimed that "no other towns/areas that have great scenic drives have gravel pits right on those roads." Response: See Section 5.4.2. While "great scenic drives"is by its nature very subjective, this is closely tied to another frequent objection regarding damage to the viewshed. Therefore, the general incompatibility and impact on viewshed is discussed together in the referenced section. 5.1.4 Utilities, Easements and Rights of Wad Several objections addressed concerns for utilities which might be impacted, status of a utilities easement, and issues related to irrigation ditches and return flow channels, and Piedra Road and Kleckner Lane Rights of Way (ROW). Prior to submitting the DRMS application, Colorado811 (OneCall) was contacted, and in turn contacted the two known utilities in the area: Lumen (aka CenturyLink) and La Plata Electric Association. Colorado811 determined that there are no utilities located closer than about 500 feet from the permit area belonging to either utility. In addition, we are unaware of any statute which prohibits mining activities in a platted easement or ROW, provided that existed utilities are protected and accessible to the utility. The applicant commits that IF any utilities are found within 200 feet of the affected lands, the applicant will follow DRMS rules and attempt to (a) obtain a structures agreement indemnifying the utility (b) obtain a letter from the utility, or failing those, conduct and submit an engineering evaluation regarding the potential damage to the utility as a permanent, valuable (significant) manmade structure. The applicant also commits to paying for any necessary relocation of any utilities necessitated by mining, and to fully cooperate with the utility to ensure that services are not unduly interrupted. As stated in the application, no records have been found of any easement or ROW for Kleckner Lane, but the applicant commits to maintaining Kleckner Lane as a roadway available to other landowners along Kleckner Lane and connecting roads and the general public, subject only to reasonable temporary closures needed for maintenance and repair, accident response, and the proposed realignment. According to the 2004 plat as recorded in Hinsdale County, the east half of the ROW for Piedra Road (USFS Road 631) is part of 5182-22-003 WAST£LIN£, INC. Page 64 of 107