Laserfiche WebLink
Consultation by the Planning staff with representatives of the <br />~~ Colorado Mined Land Reclamation Division resulted in information <br />(letter from Dan Mathews, MLRD, to William Sear, Bear Coal Company, <br />November 5, 1982) showing that MLRD saw ..no problem with Bear <br />Coal Company using the U.S. Steel loadout at Somerset, if <br />authorized by U.S. Steel." Gunnison County had received no <br />notification of that communication, and so no permitting, or <br />evaluation of the possible requirement of a (County) permit <br />occurred at that time. (Gunnison County has historically required <br />extraction operations to secure a County land use change permit, or <br />amend an existing permit, if and when MLRD permits and/or <br />amendments are required of those operations, and the County is so <br />notified.) <br />The MLRD issued a Notice of Violation (NOV) after an <br />inspection conducted July 25, 1991 (MLRD "Coal Inspection Report"). <br />NOV 91-013 specifically addressed the violation created by use of <br />the access road as a haul road without correct classification by <br />the MLRD permit, but also generally addressed permitting <br />jurisdictions and the condition of air quality at the minesite. <br />Included in the NOV are these notations: <br />"The Bear Mine has been hauling coal to the Somerset <br />Mine to use the train loadout for the past two years. <br />The Division has known about this practice, but was <br />unaware that a violation existed...It appears from this <br />• (1982) letter that the Division granted a conceptual <br />approval of this practice... <br />"A cessation order has not been issued, to date, <br />because the Division has not found compelling evidence <br />that the coal hauling activity has created an 'imminent <br />danger to the health or safety of the public," nor is it <br />'causing or can it be reasonably expected to cause <br />significant environmental harm to land, air or water <br />resources...' <br />"According to Scott Miller of the Colorado <br />Department of Health, Air Pollution Control Program...the <br />Somerset operation currently has no outstanding <br />violations and is in compliance with the Fugitive <br />particulate Control Plan... <br />On August 8, 1991 Somerset Mining Co. submitted an application <br />to the Mined Land Reclamation Division for technical revision to <br />revise the operations plan in its existing permit, to allow use of <br />the access road for haulage. <br />Because of that technical revision requirement by the MLRD, <br />and because the County's December, 1990 permit specifically noted <br />that no trucking was to be required for the expanded operation, the <br />Gunnison County planning staff notified Somerset Mining <br />3 <br />