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~, • <br />DMG <br />1313 Sherman Street ,Room 215 <br />Denver, Colo. 80203 <br />attn: Steve Shttey <br /> <br />III IIIIIIIIIIIIIIII ~~`~ <br />©~G~~9~9~+~ ®~{~1 SF~Z~u ''.'~ ~ ~~eived <br />i~9~~~° M-~ s 0 <br />TO: DMG, STEVE SHUEY `~"°"'` ~"wer <br />RE: PATHFINDER PIT TR [M-1994-113] EWELL COMMENT <br />FROM: SCOTT SMITH, PRESIDENT PATHFINDER DEVELOPMENT <br />Steve, <br />1 received your fax re: Ewell's latest diatribe, clearly she is up to her old criminal libel <br />____pro ram I can fix that - I also suppose she can still seethe pit activity from her bedroom <br />window? <br />[have recently reviewed all of Pathfinder's legal positioning re: the access, right of entry, <br />haul road issue. Pathfinder has complete confidence that our right of entry is more secure <br />than it has ever been. The PSC easement is far from our haul road, and am• subsequent <br />chances that PSC may want to secure re: the use of a new easement in the haul road <br />location are meaningless to Pathfinder's use of that structure, as by law they would now <br />be subject to the existing uses of the property. The proposed use of the road as an <br />easement for the hydro-conduit will be subordinate to truck traffic, and pit activity. <br />As mentioned in the TR, [have caused the hydro-conduit to be monitored for any sign of <br />movement, there has been none. Also [have commissioned J David Foley Surveyors and <br />Engineers to monitor the penstock for movement on a weekly basis for the next couple of <br />months. Pathfinder has installed a safety netting barrier (orange in color) to mark the <br />current location of the penstock and to prevent any traffic over the pipeline in the <br />troubled area. Foley alone Itas the baseline data for the pipeline from before and after the <br />PSCo fiasco. His firm also i~as been employed by PSCo and is the County Surveyor. <br />I have completed the required items from your inspections (as well as a good deal more <br />)as I indicated that [would to you. 1 have installed the missing boundary marker -there <br />was some flagging at that location but little else. 1 have been installing hundreds of <br />additional feet of silt fence in excess of any requirements as an indication of my <br />commitment to implementing and protecting BMP's. The 'reject pile mentioned in your <br />inspection report and reclamation-cost estimate, is being removed as the summer <br />progresses. Tlie top soil pile is being re-worked as planned and that work will continue <br />until completed .On July 5, 00 I caused the main access road to be treated with mag- <br />cliloride, it looks and performs extremely well !THERE ARE NO NEW BERMS! This is <br />a totally false statement by Ewell- surprise surprise ! <br />FieyDy. <br />erg s Gao%r <br />f <br />:tY.. <br />