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Section 780.15 (b) Continued. <br />• <br />trol and Reclamation Act. Specifically, the District Court found <br />that "the secretary's authority to regulate pollution is limited to <br />activities related to erosion." <br />Notwithstanding this limitation, Kerr Coal submits that the palli- <br />ative measures outlined in its emission permits from the Colorado <br />Air Quality Control Commission comprise a comprehensive set of <br />fugitive dust control practices with which Kerr Coal intends to <br />fully comply. Further, it is anticipated that the palliative <br />measures outlined in Kerr Coal's existing emission permits will be <br />continued largely without change in its amended permit application. <br />However, to the extent that any additional palliative measures are <br />imposed in connection with the amended permit Kerr Coal will fully <br />comply with such provisions. <br />n <br />U <br />The following is a brief summarization of the palliative measures <br />which Kerr Coal will observe 1n connection with its surface mining <br />operations, consistent with its existing emission permits. At the <br />Kerr Tipple, and specifically at the tipple crusher building, Kerr <br />Coal will assure that particulate emissions do not exceed 40 pounds <br />per hour and that opacity does not exceed twenty percent. With <br />regard to the raw coal receiving storage pile on the Tipple Area, <br />Kerr Coal will prewater and otherwise wet down areas where work is <br />in progress, as well as to prevent or remove any deposit of dirt <br />and mud on paved access roads. Again, opacity in connection with <br />the raw coal storage pile will be maintained below twenty percent, <br />if mandated by the Kerr permits, as amended. At the Kerr Mine <br />Area, Kerr Coal will prewater and wet down areas where work is in <br />progress. Landscaping and replanting, consistent with the compre- <br />hensive reclamation plan set forth in Section 780.18 will be imple- <br />mented in connection with all disturbed areas. Vehicle speeds, will <br />be restricted to 35 miles an hour on all mine haulroada. All such <br />haul-roads will be treated with a resinous adhesive such as Coherex <br />780-37 <br />