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12/12/2000 11:50 9707285955 13ENDELOW TELLURIDE PAGE 06 • c. Hoth a County Development Permit, es well as a Cauaty "1041" Geologic Hazard Permit for development activities oa slopes greater than thirty percent, were and ere requited for the construction of that portion of the Pit access road, estimated to be over 1,000 feet long, located within and in proximity to the Rio Grande Southern Railroad grade; however, no such permits have been issued authoriang those activities, in violation of County LUC sections 1-1501, i-504, 3-101, 5-401, 5-402, and 5-404; d. Oa at least two occasions since 1994, Pit-related activities in and upon the Pit access road appear to have breached, or otherwise damaged, portions of the Ames Hydro Plant pcnstock located within or near the Rio Grande Southern Railroad grade; e. Both Robert Thompson and Norm Aufderheide testified that part of the fill which underlies the existing Pit access road appears to be located on a geologically unstable slope, posing a clear and present deager to the health, safety and welfare of persons residing downstream from the Pit, as well as to the natural environment, since there appears to be a significant risk that a failure of the fill slope supporting the access road may result un a brwch or other damage to the penstock carrying water from Trout Lake to Public Service Company's Ames Hydro Power Pleat, portions of which are located in immediate proximity to that section of the Pit access road that has bean constructed within and adjacent to the railroad grade, notwithstanding Public Service Company's installation of an automated emergency safety shut-oEf system far the Ames Flydro plant penstock and that heavy truck traffic on the Pit access road should cease until end unless appropriate engineering measwes have been implemented to stabilize the Pit access road fill slope. NOW, THEREFORE, BE IT RESOLVED AS FOLLOWS 1. The findings of fact and conclusions of law set forth hereinabove are hereby incorporated within the substantive provisions of this Resolution. 2. The County Devclopment Permit issued to Pathfmder on or about 9/28/93 authorizing construction of a Pit access road approximately 975' in length is revoked pursuant to LUC sections 3-101 and 5-1502 since sections of that part of the Pit access road, as cuaently constructed, are located on fill slopes exceeding a grade of thirty percent 3. The County Development Permits issued to Pathfinder on or about ti/6/96 end 11/11/97 authorizing certain specific Pit gravel mining end processing activities are rovoked since that gortion of the Pit access road located within, upon, end adjacent to the Rio Grande Southern Raikoad grade, was constructed without a County Development Pcrmit in violation of LUC section 1-1501; and without a County "Areas and Activities of Local and State Lnteresd"1041" Environmental Hazard Review^ permit, on fill slopes greater than thirty percent, in violation of LUC sections 5.401, 5-402, and 5-404.