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~12l12/2000 11:50 9707285955 BENDELOW TELLURIDE PAGE 03
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<br />WHEREAS, oa or about October 5, 2000, the Board issued a "Notice of Public Hearing -
<br />Rcvocation of Development Permits Issued 928/93, 6/6196, 11/11/97; Construction of Pathfinder
<br />Pit Access Road" to Pathfinder; the Notice was personally served on Scott Smith, Presidont of
<br />Pathfinder, on or about October 6, 2000 and was published on or about October 20, 2000 in the
<br />I'epuride Weekly Plana, the County's designated legal newspaper; end,
<br />WHEREAS, on November 8, 2000, the Board conducted a duly noticed public hearing
<br />concerning the revocation of the County Development Permits issued to Pathfinder pertaining to
<br />the construction and operation of the Pit and its access road, which included a site visit to the Pit
<br />access toad in which Commissionen Ebert and Goodtimes participated, and an evidentiary
<br />hearing at which testimotry and documentary evidence was received from certain interested
<br />polies, specifically, Public Service Company of Colorado, the San Bernardo Homeowners
<br />Association, Bill end Jane Janke, end Pathfinder, regarding whether the access road serving the
<br />Pathfinder Pit, es curreaUy coasavcted, complies with the relevant County Development Pemtits,
<br />issued in 1993, 1996, and 1997, as well as dte applicable previsions of the County Land Use
<br />Code; and,
<br />WHEREAS, at the November 8, 2000 hearing, the Board received testitrrony from Alfred
<br />Hughes, Hydro Power Supervisor for Public Service Company of Co]orado with management
<br />responsibility for the Ames Hydro Power Plant; Robert Thompson, PE, of CTI.(I'hompson, Inc.,
<br />a consulting geo-technical enginetriag fum; April Montgomery, former interim Sea Miguel
<br />County Planning Director; Gary Hodges, San Miguel County Building Official; Bill Janke, a
<br />resident of the Lake Pork Junction Subdivision; Nonman Aufderheide, PE, of Buckhom Geotech,
<br />the San Miguel County Engineer; and Scott Srttith, President of Pathfinder the Board also
<br />received documentary exhibits that were entered into the hearing record, such exhibits ere
<br />identified on the Public Hearing Exhibit List, a copy of which is attached hereto and incorporated
<br />herein by reference as Exktibit "A"; and,
<br />WHEREAS, the relevant provisions of the San Miguel County Land Use Code, a copy of which
<br />was entered into the hearing record by reference, provide:
<br />ARTICLE ti -
<br />Area of Sh-te or Local Interest ("1041"): An area, which may be designated by the
<br />Board, containing mineral resources; prone to natural hazards; maintaining a significant
<br />impact upon historical, natural or archaeological resources of statewide importance; or in
<br />which development may have a material effect upon a facility or the surrounding
<br />eartrmunity.
<br />Aevelopment: Tha physical axtensioa and/or coaswction of urban land uses.
<br />Development activities include: Subdivision of toad; change in the intensity of the use of
<br />land; construction, recotrstruetion, demolition or partial demolition or alteration of
<br />buildings, roads, utilities, and other facilities; commencement of drilling (except for a
<br />well or to obtain soil samples), mining, or excavation; installation of septic systems;
<br />grading; deposit of refuse, debris, or fill materials; and clearing of natural vegetation
<br />cover (with the exesption of agricultural activities). Exempted are routine repay and
<br />maintenance and normal and customary ranching and agriculture-related activities,
<br />
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