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i - - -1111111 ~ <br />SAN MIC Illlllllllll _ JUNTY <br />a BOARD OF COMMISSIONERS <br />ANNA ZIVIAN VE1tN EBERT ART GOODTIMES <br /> <br />VIA FAX: (303) 832-8106 <br />AND FIRST CLASS MAIL <br />September 14, 2000 ~~(~(~~~~~ <br />Division of Minerals and Geology SEP ~ ~ 2040 <br />Colorado Department of Natural Resources <br />ATTN.: Coloradc 1:4incd Land P.eclarnation Board -.- - . ~~ ~~••• - -~s - ~= C~ology <br />1313 Sherman Street, Room 215 <br />Denver, Colorado 80203 <br />Dear Mined Land Reclamation Board Members: <br />Re: Pathfinder Pit, San Miguel County, Permit No. M-1994-113 <br />Consideration of Cease and Desist Order, September 2000 Public Hearing <br />Supplemental Comments <br />At its September 6, 2000 meeting, the San Miguel County Board of Commissioners <br />authorized the submittal of comments concerning the above-referenced matter to be <br />supplementary to the Board's prior comments dated August 16, 2000. The Board <br />hereby reaffirms the comments set forth in its prior letter, It remains the Board's <br />position that the Mined Land Reclamation Board should issue a cease and desist order <br />until the Pathfinder pit operator submits a permit revision that contains an adequate <br />engineering demonstration of stability for the reconstructed fill for the pit access road. <br />It is the Board's understanding that the permittee has recently submitted a technical <br />revi;icn S;at proposes certanl measures to be tmdertaken to ensure and maintain the <br />stability of the fill underlying the pit access road and Public Service Company's Ames <br />penstock. The Board has been informed that this technical revision does not include an <br />evaluation prepared by a qualified Colorado professional engineer of the stability of the <br />existing fill, In the absence of such an engineering evaluation of the existing situation, <br />it is the Board's considered position that an adequate basis does not appear to exist for <br />the Mined Land Reclamation Board to determine if the proposed technical revision is <br />appropriate. <br />The adequacy of any measures proposed to ensure and maintain the stability of the fill <br />underlying the Pathfinder Pit access road appears difficult, if not impossible, to <br />determine without an engineering evaluation of the existing situation and the specific <br />actions to be undertaken. Accordingly, it remains the considered position of the San <br />Miguel County Board of Commissioners that the public health, safety, and general <br />P.O. BOX 1170 • Telluride, Colorado 81435 • (970) 728-3844 • FAX (970) 728-3718 <br />