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SCO?T SMITH ID:9707283100 SEP 12'00 SA:33 Mo.001 P.02 <br />f' - ~`~_ SA~ MIS III Illlllllllllllll ~~NTY <br />`° OFFICE OF THE COUNTY ATTORNEY <br />September H, 2000 <br />Thomas G. Kennedy, Esquire <br />P. O. Box 3081 <br />Telluride, Colorado 81435 <br />Dear Mr. Kennedy: <br />Re: Pathfinder Pit <br />~~.~~!~rr~~i4. ~e''i ~~i~ <br />~~.Di3~~C ~d~i':; C~~~~ <br />~I~e~~': ~ (R <br />~I ~ ~~ Pa ~u-d u Pr~" <br />:42; :CST ~"~ ; <br />SEP 1. '. 2000 I <br />i, : '7~© 439 <br />SEP' 01000 <br />Division of Ainerals and Ceolo9Y <br />Response to your letter dated 8!23/2000 <br />~eceiver~ <br />SAP 1 : ~D~O <br />Durango FekS Office <br />Division of Minerals is Geology <br />The San Miguel County Board of Commissioners considered your letter of August 23, <br />2000 concerning the above-refercni:ed matter at its meeting on September 6, 2000. <br />This office has been authorized to respond on the Board's behalf. Contrazy to the <br />assertion in your letter that the County Attorney's Office submitted the comment letter <br />[o the Colorado Division of Minerals and Geology ("DMG"), it was the Board of <br />Commissioners who submitted the County's comments. <br />Your letter requests documentation in support of several specific allegations. Please be <br />advised that the documentary basis for the Board's various cotnmenu was derived from <br />several sources. Copies of the documentary source materials that were relied upon in <br />preparation of the Board's comment letter to the DMG are available for inspection in <br />this office, <br />The documentary sources for the Board's comments included, but were not limited to: <br />- Public Service Company's Wetland Special Use Permit Application that was <br />filed in the Fall of 1499 and the supporting documentation; <br />- the DMG's various reports and correspondence concerning the Pathfinder <br />Fit, as well as statements of persons with direct knowledge of the situation, <br />made at various Board meetings, including the August 7, 2000 work session <br />that you attended. <br />- Various documents and correspondence prepared by your client, including, <br />but not limited to: <br />- A letter dated May 28, 1998, to John Steck of Public Service Company; <br />and, <br />- communications from Pathfinder to DMG. <br />P.O. Box 791 Telluride, Colorado 81435 (970) 728-3879 Fax (970) 728-3718 <br />