2022-07-18_PERMIT FILE - M2022018

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South Hinsdale Response to Objections 12 July 2022 small portion (in the southeast corner of the affected area) of less than 0.02 acres which is located on the Texer lands and artificial (sustained by return flows draining from the Texer's irrigated land), the wetlands are all located on National Forest System lands. These wetlands shall be protected by continuing to allow uncontaminated flows of storm water and irrigation return flows to sustain those, and preventing any erosion, fill or any significant excavation of the corners of the affected area near the wetlands. (See discussion below concerning "minimal disturbance.") Existing activities in the vicinity of the affected area already have significant impacts on wetlands due to heavy road and trail use, erosion of unpaved roads by vehicles, wind and water, lack of stormwater control, and lack of maintenance of roads and other disturbed lands. The availability of construction materials at this location will both greatly reduce impacts from existing traffic AND make repair, maintenance, and prevention more feasible due to reduced costs and greater access. Even if there were minor impacts to nearby wetlands, the overall net impact on wetlands is positive. Irrigation and Return Flows At present, there are many channels through which irrigation return flows (from the Kleckner property and the Texer property) are conveyed across the affected area. Some of the channels permit flow through culverts under Piedra Road (to the river) and others flow directly or indirectly to the Piedra River. These return flows come from registered irrigated land of the two parcels. Currently, due to lack of effective surface water controls (best management practices not required of agricultural operations), such as armoring, mitigation of the steep grade and other characteristics of the channels and sediment systems, the return flows cause significant water erosion on both the Texer property and on National Forest System lands, and carry sediment to the river. Their configuration also create significant safety hazards for vehicles on the two roads as well as the landowners and their guests and others using the two roads. There is no intent or feasibility to prevent those flows (which are seasonal in nature)from continuing, by retaining the water. As these flows are through various channels which were created by erosion and with only minor modifications by human activity (apparently with the intent to reduce and control erosion) and were the result of the construction, maintenance, and improvements of Kleckner Lane and Piedra Road, they are not significant manmade structures. The mining and reclamation plans are based on redirecting those flows in ways that reduce (and if possible, eliminate) both erosion (and sediment discharge into the Piedra River or its tributary waters) and the safety hazards now present along the roads, to prevent any negative impact off-site. DRMS requires that the applicant indemnify the USFS (land administrator/owner) for any damage or even trespass off the affected area. It is also important to note that all the various areas, channels, and paths of flow will be affected all at once by the proposed mining operations. Those activities will be phased, as discussed in Exhibits C, D, and E, so that some areas will be disturbed and reclaimed before other areas are disturbed. This allows both for phased diversion and re-routing of flows, as well as time for control measures to be fully and correctly implemented. For example, excavation in the NW corner of the affected area Oust outside the NW "minimal disturbance"area)will be done and grading completed well before any disturbance is done to the NE corner or the SE corner. As mining and reclamation progresses, there will be opportunities for planned changes in surface water management to be implemented, evaluated and inspected, then modified if necessary, to protect water quality. 5182-22-003 WAST£LIN£, INC. Page 66 of 107