2022-07-18_PERMIT FILE - M2022018

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South Hinsdale Response to Objections 12 July 2022 the Texer-owned Dancing Winds Ranch parcel, and all connection to Piedra Lane will be subject to conditions of the USFS commercial traffic permit and access permit. The USFS has determined that the USFS has an undefined right-of-way through the permit area, which Kleckner Lane provides, and has agreed (as part of the USFS road use permit) to allow the Lane to be realigned provided access is maintained, and as necessary (and as desired by Lumen and LPEA) a new utilities easement will be reestablished to ensure any current or future connections are preserved. Specifically, prior to excavation in the vicinity of the recorded easement and both the Piedra Road ROW and the present alignment of Kleckner Lane, the operators shall be trained, alerted, and observed while great care is taken in disturbing the ground,just as if there WERE buried utilities which had been found by Colorado 811 (One-call). Alternatives and Alternative Locations See Sections 5.1.1, 5.4.1, and 5.9 All specifically identified locations and suggestions are either not legally able to be used, do not have the necessary deposits of construction materials,5 /or have severe restraints and environmental impacts which cannot be adequately and affordably mitigated to meet established, sound engineering and environmental standards. Many of the alternative locations suggested have had operations denied in the past. General Response: For the last decade and a half, numerous efforts have been made to find, permit, and develop good deposits of gravel and permit to supply the Archuleta and South Hinsdale markets, CDOT, USFS, and County/Municipal requirements. Many good quality deposits have been found. We are aware of at least eight efforts which have made it before state or county boards and have been defeated, because of local, tourist, and snowbird opposition. The search continues, but the people of Archuleta County continue to say that it is acceptable to haul materials 27 miles from Arboles or 50+ miles from Durango to provide for driveways, landscaping, parking areas, concrete, asphalt, and many other uses. General observation: In general discussion and coordination, several persons have noted that too many of the people of the South End and Archuleta County (particularly the Pagosa area itself) are bad neighbors to the residents and businesses of the rest of Southwest Colorado and even Northwest New Mexico. The reason for this is that the area is a massive net IMPORTER of sand and gravel, which comes from areas like Durango, Ignacio, Arboles, Bayfield, Navajo Lake etc. The residents and businesses of those areas, as well as visitors, travelers and tourists in those areas therefore are burdened with the same imp?.9!f to which may Archuleta and Hinsdale County residents and businesses object. 5.2 Water/Watershed Issues Wetlands Wetlands exist in and near the Dancing Winds Ranch property, which are both natural (or appear to be natural) and are artificial, sustained by return flows from the irrigation of the Texer and Kleckner lands. These are believed to be upstream and upslope, in adjacent land, and downstream. See Section 1.5 for additional information and references to the Exhibits. Several comments address the river, wetlands, and water quality concerns. The mining and reclamation plan, including areas designated on maps in Exhibit E of the DRMS application as "minimal disturbance" (in the NW and SE corners of the affected area) is designed to protect those wetlands. Except for the possible exception of a very 5182-22-003 WASTELINE, INC. Page 65 of 107