2022-07-18_PERMIT FILE - M2022018

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South Hinsdale Response to Objections VDU 12 July 2022 5.6 Fish and Wildlife Impacts Including Plant Life(Ecosystems) Fish and other aquatic wildlife: As there are no natural perennial streams on the affected area, the primary efforts to prevent negative impacts on fish and aquatic wildlife (river otters, a State threatened species) is to prevent erosion which causes sedimentation in state waters downstream, including the river. This is a valid concern and is addressed in the mining and reclamation plans and the surface water management plan. The design and actions proposed both prevent discharge of sediment by limiting discharge of surface water which has come in contact with mining disturbance on affected lands, including stockpiles and berms, working areas, and excavation areas, and by eliminating pre-mining discharge of water with sediments from irrigation return flows. In addition, return flows from irrigation uphill will be rerouted both to avoid contact with areas being mined and to reduce both erosion along their present paths and sediment suspended in the flows from agricultural erosion of the irrigated soil and from Kleckner Lane. Although operations will be within 500 feet of the Piedra River, there will be no blasting and best management practices for storm water (control measures) will be installed before exposing bare soil, excavation, crushing and screening. The realignment of Kleckner Lane will also help control and redirect water and sediment from the road and shoulders to areas where water can infiltrate and leave sediment in place. The objective will be to prevent ANY discharge of water, either with or without sediment, which might enter the Piedra River or wetlands. See surface water management information in Exhibit C and Section 5.2. Terrestrial wildlife, including game species: The site is pastureland, and reportedly little used by such species as elk and mule deer, and other species, possibly due to the presence of horses and extensive human presence on the 45-acre ranch. The US FWS mapping only shows critical habitat for some species (elk and deer) to the south of the Dancing Winds Ranch. This information was used in the original application. The initial consultation with CPW by the preparer did not state this was not the conclusion of CPW but has provided access to a map online maintained by the Colorado Oil and Gas Conservation Commission (not normally an agency with which mining operators are required to coordinate or consult) which shows that the Dancing Winds Ranch (including the site) is considered to be both an elk winter concentration area and near an elk migration corridor. It is NOT identified as either an elk production area or elk severe winter range. Based on experience in other areas in SW Colorado, activities in approximately 3 acres of a 9.4-acre site, immediately adjacent to a heavily-traveled public roadway(Piedra Road) has little or no effect on elk, deer, or other common species due to the relatively tiny size of the affected area (which has been used as livestock pasture for decades and will return to that use after reclamation) and other (non-mining) traffic and human activities both to the immediate west and to the east on the Dancing Winds and Kleckner Ranches. Nevertheless, the operator will seek to minimize impact during the winter months Please see section 4.2 for detailed information on CPW comments and the response. 5.7 Noise Colorado law prohibits sound levels exceeding 55 dBA at receptors (such as occupied structures) from mining operations, which means that noise levels at locations off-site will be significantly below noise levels from existing traffic along Piedra Road (and probably Kleckner Lane). The terrain and the method of mining to be used will provide barriers to sound being transmitted both to the east (to the cabins of Dancing Winds Ranch and 5182-22-003 WASTELINE, INC. Page 77 of 107