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of the Pathfinder pit indicate there has been much activity at the site including such things as: (1) Major widening ofthe "baul° road which rugs through Mr. Smith's property and is also located within the permit area (see my Complaint to San Miguel Country dated Nov. 2°d 1999) and the associated burial of the water pipeline belonging to the utility company which follows the road, (2) "Scenting" along the western perimeter of the permit arcs, (3) Excavation and exportation of material from the permit area to the Tellm~ide area, (4) Movement of stockpiles and materials within the permit area, (5) !removal of the weigh station which was located within the permit area, (~ Installation of several large diameter metal pipeline inspection ports within the permit area. 1 have another ooncem which relates to nay Cotmty complaint letter dated Nov. 2°° 1999. Mr. 3mith's road expansion efforts have increased the slope angles to arotmd 1:1 in the section of the haul road which is containtd within his D.M.G. permitted area. This is an area which has already shown recent signs of instability, as evidenced by the D.M.Ci. investigation of 1996 mudslide event. I recall during our conversation that Mr. Smith is required by D.M.G. to grade any of bis effected slopes to a 2112 :1 during rec?amationn. How will Mr. Smith grade this particular area to s 21/2 :1 during reclamation at it would be very di~cuh to remove these soils from the already steep unstable embankment. I do not recall if we discussed if Mr. Smith is allowed to exceed the 21!2:1 slope angle while he is actively mining(?)_ Perhaps Mr. Smith should be required to include the ctnrentky non-permitted stns involved with his recent road expansion into his permitted area and to inaeate his bonding accordingly. My fear is that aureintly there is no recourse for any einvironmeotal damage which could occur as a direct resuh of Mr. Smith's activities in the non- pertuittedroad expanuion aria as the cou~y has >lo bonding for this area. I also have concerns that the ciarertt bonding of 523,292,00 for the permitted area is currently insufficient. The Pathfinder Pit has been very active and I question Mr. Smith's statement to the oontriny. I would hope you will come to inspect the area before any significant snowfall covers up the evidence of these mining related activities and document the 1998 extraction of silt In light of these new potential vioLttioins, I would hope you could alto investigate the environmierAal concerns I broup~t ap in the Nov. 2 complaint to the County. I suspect ifyou were to inspect Mr. Smith's financial statements for the Pit, you would 5nd evidence of much activity going in and out, as well as a record of the 1998 sale of the silt taatetiai to Mr. Wood. Please let me know if my concerns are validated. Thank you for your help with this ensurer. Sine/~erely, L~/~ ~vl °`~ Marcia Ewell 6/E 3'..1Hd L95 b6LL0L 6'41 1'r3M3 Vi~atlN'W021d L0'SS 66-60-AON