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SEP-29-2004 11:50 FRON:BILL & JRNE JRNKE 1-970-728-6315 T0: 19702475109 P.3 <br />SEP-02-Od 11: 20AM FROM-White snd St ~ 3032963131 T-409 P 037/043 F-102 <br />County, Colorado. [Verife[t Complaint U10.] The Tacoma-Ames Hydroelectric Project is <br />licensed by the United Slates Federal L•nergy Regulatory Commission (FERC). (Verifed <br />Complcrtrtr ¶10.J Pathfinder Development Inc. (Pathfinder) was licensed to engage in certain <br />gravel pit operations under a ]996 Licensing Agreemern with PSCo. [Verified Complaint ¶16.) <br />In 1998, the License Agreement was suspended. [Yerified Complaint !~18.) Pathfinder was issued <br />various use permits from the County W operate the pit. <br />Defendant San Miguel County and Its [ioard of County Commissioners, Planning <br />Department and Planning Dizector {Board), which had issued petTnits to Pathfinder for use and <br />development, revoked said permits in 200D. [Ver fed Complaint ¶19.J A lawsuit was filed in <br />San lvligucl County Disnict Court. In 2002, the Board and Pathfinder entered into a Settlement <br />Agreement to resolve the ?000 permit revocation to allow for development and relocation of the <br />haul road and to expand operations. [Vertfred Complaint ¶aD.J By this Settlement Agreement <br />gives County offcials have assumed the auQtority to approve Pathfinder's crossings of the <br />pettstoclc, relocation of the haul road and erosion control measures. [Verified Complaint ¶2 L j. <br />Qn December 31, 2UU2, Willard Janke, who owns property near the gravel pit, filed a <br />complaint with FERC. FERC issued an order on April 16, 2003, a copy of which is attached as <br />Exhibit L to the Verfed Complaint. The Order mandated that PSCo <br />...shall continue to prohibit, by legal action if necessary, any <br />heavy equipment or commercial traffic over the penstock <br />within fire project boundary <br />(Emphasis added). Exhibit 1, p. 14, ¶ 4(B).~ The language of the Settlement Agreement which <br />allows the proposed construction by Pathfinder directly contradicts the FERC Order. <br />See also, p. 6, r 16 and p. t 1, Q30. <br />2 <br />