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Re <br />sF,o ~~~ea <br />o; . ~9 <br />BILL JA_N_KE h •~oti, 20 <br />POST OFFICE BOX 642 3~D~Of'~9p~, ~s <br />OPH1R, COLORADO 81426 ,~ c ~~~ q~d <br />970-728-6315 ~ ~~~I ~c0 ~~SB~/s4 ~ <br />T04~ <br />September 6, 2005 Dro~si°a °jMia <br />arals s°I gg0 <br />b8Y <br />Mr. Bob Oswald <br />Division of Minerals and Geology <br />701 Camino Del Rio, Room 125 <br />Durango, Colorado 81301 <br />Re: Pathfinder Development, Inc. <br />San Miguel County, Colorado <br />Deaz Mr. Oswald: <br />i~,~1994-- t~3 <br />~~-~~ c.~~~Lk~u3- ot~ <br />I have spoken with you previously on the phone and at your office once. I called <br />you a couple months ago about Pathfinder Development, Inc.'s Gravel Pit. Since the <br />middle of June, they have been hauling materials into their Pit from outside sources. I <br />have seen some trucks coming out of Mountain Village and head out to Pathfinder, but I <br />have also seen trucks coming up Highway 145 from the direction of Telluride. So, I <br />really don't know the source of all the materials. I would estimate more than 300 ten- <br />yard truckloads have been dumped in the Pit. In fact, some of the materials look like they <br />are being dumped outside and inside the Pit Boundary. Included aze many photos for <br />verification. They have also been moving boulders into the Pit. See Photos. If you have <br />an opportunity, check it out. <br />Check out the semi-filled wetland that they have been able to construct with no <br />oversight by any government agency. The County was by court order, pre-empted by <br />FERC but at the same time the judge had PSCo de-water the penstock to allow Pathfinder <br />the opportunity to drive over the de-watered penstock. PSCo claims the County has to <br />rescind their permits before PSCo/FERC have jurisdiction, the County was pre-empted <br />by court ordered permanent injunction. They say they have no jurisdiction. Would you <br />like to take a shot at taking a critical look at the geo-technical aspect because they aze not <br />following the County permitted and engineered plan? It looks like they're mitigating the <br />filling of the wetland by creating a new wetland to the north but still on the uphill side of <br />the road and penstock. This will create the same condition that they thought they were <br />re-solving by filling in the existing wetland. <br />I can understand your (MLRB) not wanting to come involved. But at some point <br />someone is going to have to accept jurisdiction of some part of the disturbed azeas, at <br />least any land that is more than 50 feet from either side of the penstock. The state is pre- <br />empted as is the County but who has jurisdiction outside the 100 foot easement? Then <br />