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<br /> <br />rage <br />the PSC pipeline, the possibility of erosion to the embankment, and the possibility of embankment <br />instability causing a rupture of the pipeline, causing flooding in the residences downstream, threatening <br />human safety, as well as causing environmental damage. <br />~. Consequently, the Division required that Pathfinder submit an engineering report demonstrating that the <br />upgraded embankment is stable, no later than June 16, 2000. Pathfinder failed to satisfy this requirement, <br />and the Division scheduled this matter for hearing on whether Pathfinder has violated the Construction <br />Materials Act and what, if any, corrective action and penalty are appropriate. <br />6. The Division alleges that Pathfinder has violated § 34-32.E-t 16(4)(c) by failing to demonstrate that an <br />unauthorized release of pollutants to the surface drainage system below [he embankment will not occur; <br />§ 34-32.5-I 16(4)(h) by failing to minimize disturbance to the hydrologic balance; § 34-32.5-116(4)(1) by <br />failing to protect areas <br />outside the affected area from slides and damage; and § 34-32.5-I 16(4)(j) by failing to stabilize the affected <br />area against erosion. <br />7. Pathfinder has maintained and improved this road since it was granted a permit to do so, by San Miguel <br />County, in 1993. The road serves several purposes, including access to the mine. In 1994, Pathfinder <br />damaged the pipeline while maintaining the road. Subsequently, the pipeline ruptured. The PSC repaired <br />the pipeline and replaced the fill. <br />8. The 1994 pipeline repair failed in the spring of 1997, eroding the fill and causing a large material flow in [he <br />drainage below the embankment. PSC repaired the pipeline in 1997 with a section of replacement fiberglass <br />pipe. The pipe repair remained uncovered for a time and was reburied. Additional fill was also placed on <br />the outslope of the embankment. <br />9. After the latest addition of fill, the PSC is concemed about additional pipeline ruptures due to stress on the <br />pipe caused by the weight and stability of the fill. PSC witness Alfred Hughes attributes the pipeline rupture <br />[o Pathfinder, and is concerned that its haul traffic and its road maintenance will cause the embankment to <br />settle further, and cause the pipe to rupture again. <br />10. According to PSC witness Bob Thompson, a soils engineer, the pipeline was buried approximately 2 feet <br />deep in 1984. Since then, Pathfinder or its predecessor has added a substantial volume of fill. The added <br />