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<br />12/12/2000 11:50 9707285955 BENDELOW TELLURIDE PAGE 02 <br />• <br />RECEIVED <br />RESOLUTION OF T$E BOARD OF COUNTY COD4NIISSIONER3~~ 2 2 ~~Q <br />OF SAN MIGUEL COUNTY, COLORADO f3endelow Law Firm Telluride <br />REVOKING CERTAIN DEVELOPMENT PERMITS <br />ISSUED TO PATHFINDER DEVELOPMENT, INC. FOR ~~~'@IV~~ <br />THE CONSTRUCTION OF AN ACCESS ROAD AND OTHER <br />~ opERATIMEOI~ of ~' E FAA S'T AIi,F,CNDE~.R G~v~Ei rIT~ ~E~ Z 2 ?000 <br />Resolution !{2000-48 0#risioR ° fins t~~8 Gap/ <br />WHEREAS, Pathfinder Development, Inc, hereinafter referred to as "Pathfinder", received ~ <br />certain development permits from Sea Miguel County regarding the construction of an access <br />road to, and the operation of, the Pathfinder Gravel Pit, hereinafter referred to as the "Pit", located <br />within the unincorporaud area of San Miguel County, Colorado, in 1993, 1996, and 1997; and, <br />WI3EREA5, on or about September Z8, 1993, San Miguel County issued both a Building Permit <br />and a Development Permit to Pathfinder authorizing the construction of an access road to serve <br />the Pit, approximately 975'long, from the State Highway 145 pullout to the existing railroad <br />grade, which permit indicated that there were no fill slopes along the access road in excess of <br />thirty Percent; and, <br />WHEREAS, on June 11, 1996, the Board of County Commissioners, hereinafter referred [o a9 <br />the "Board," adopted Resolution #1996-ZS "Approving a Development Permit with Conditions <br />far Gravel Crushing at the Pathfnder PiY' in addition to t}te mining of gravel located on site, for <br />which the Cotmty Planning Director had previously issued s Development Permit on Tune 6, <br />1996; and, <br />WHEREAS, Board Resolution #1996-ZS provides, "that this approval may be periodically <br />reviewed by the Boazd of Commissioners, at the Boazd's discretion, upon written request by the <br />applicant or any other interested party, or by the Board, at intervals of no less than 90 days from <br />the date of this approval, and that this approval may subsequently be amended, susprnded, or <br />revoked, by the Board of County Commissioners if they find and determine that Southway <br />Construction has violated the terms and conditions set forth herein"; and, <br />WHEREAS, Pathfinder has succeeded to Southway Conswctioo as the operator of the <br />Pathfinder Pit; and, <br />WHEREAS, on or about November 11, 1997, the San Miguel County Planning Department <br />issued a Development Permit to Pathfinder authorizing certain gravel mining and processing <br />activities at the Pit and, <br />WHEREAS, both the 1996 and 1997 Development Permits for the Pit were issued in reliance <br />upon the Pit having legal and physical access pursuant to the Development Permit issued in <br />September 1993 authorizing Construction of an access road to the Pit and, <br />