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~ I <br />~r , <br />DIVISION OF MINERALS AND GEOLOGY <br />Deparlmenl of Natural Resources <br />1313 Sherman St., Room ?15 <br />Denver, Colorado 80?03 <br />Phone: 1303) 866-366i <br />FAx: (303)83?-8106 <br />July 18, 2000 <br />Mr. Scott Smith <br />Pathfinder Development. Inc. <br />P. O. Box 797 <br />Telluride, CO 8143 <br />III IIIIIIIIIIIII III ~F <br />999 <br />RECEIVED <br />AUG 2 2 2000 <br />Division of Minerals and Geology <br />COLORADO <br />RE: Patkfir:der Pit, Permit No. h1-1994-113, Reason to Believe a Violation Exists <br />Dz:,: i\ir. J:idilt: <br />~~ <br />DIVISION OF <br />MINERALS <br />GEOLOGY <br />0. EC LAM ATION <br />MINING•SA FETY <br />Bill Owens <br />Governor <br />Grep E N'alcher <br />Esecwi~e Director <br />Michael B. Lone <br />D,rwnn Dueclor <br />Pathfinder Development. Inc. failed to submit an adequate engineering demonstration of stability for the fill and <br />access road associated with the repairs made to the Public Service Company penstock pipeline by the correction <br />date specified for problem number two listed on page 4 of the Division of Minerals and Geology (DMG) <br />inspection report, for the Pathfinder Pit, for the inspection conducted on November l2, 1999. The January 14, <br />2000 correction date listed in that report was extended to June 16, 2000. To date, DMG has oat received the <br />required application for a revision. <br />We believe this is in violation of Section 34-32.5-I 16 (4) (c), (h). (I), (j) of the Mined Land Reclamation Act <br />34-32.5-101 et. sec.. C. R. S. 1984 as Amended, and Exhibits C-2 and F of Permit M-1994-113. Therefore, the <br />Division has found reason to believe a violation exists to Pernut No. M-1994-113 and the Law and have <br />scheduled this matter before the Mined Land Reclamation Board. <br />A Formal Public Hearing will ba held at the August 23-24. 2000 Board meeting for consideration of a possible <br />violation. The hearing will be held in Room 318 of 1313 Sherman Street, Denver, Colorado beginning at 9:00 <br />a.m. or as soon [hereafter as the matter can be considered. At that hearing you will have the opportunity to be <br />represented and heard. It will be reiterated that [here is reason to believe that you are in violation of the <br />provisions noted above. Please call this office on Monday August 21, 2000 to verify which day your hearing will <br />be held. <br />]f the Board finds a violation at this heating, it may issue a Cease and Desist Order, assess a Civil Penalty in the <br />amount of 5106.00 w 51A00.00 for each day of violation, andior order [he perm[[ be suspended, modified, or <br />revoked. If you have evidence indicating [hat the possible violations noted above do not exist or have been <br />corrected, please provide it to us as soon as possible or bring it to the hearing. <br />The number of days of violation can be minimized by completing the required corrective actions as soon as <br />possible. - <br />If you have any questions, please contact Steve Shuey a[ our Durango Field Office, 701 Camino Del Rio, Room <br />12~, Durango, Colorado 81301, phone no. (970) 2=17-062. <br />Sincerely, <br />ICHAEL .LONG <br />Division Director <br />CERTIF~D MAIL NO.: P 436 789 413 <br />Return Receipt Requested <br />oss\¢au\ttmp\m 19991112 access road nb~sss <br />