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r~ <br />Joel Kohn <br />July 26, 1991 <br />Page three <br /> <br />2.a.(ii) (control measures regarding paved roadways), based on the <br />circumstances existing at the site. <br />It is also our understanding that the Bear Mine obtains coal <br />pursuant to a lease with the Bureau of Land Management. 30 USC:e„~..a_ <br />201(a)(3)(E) requires that such lease contain provisions requiring <br />compliance with the Federal Water Pollution Control Act and the <br />Clean Air Act. Therefore, it appears that Bear Coal Company, <br />Inc., as owner of the coal involved, and as part owner of Somerset <br />Mining Company is in violation of the terms of its federal coal <br />lease. <br />Enclosed are three cases concerning public and private <br />nuisance in the State of Colorado. They are: Labbe v. Steffens, <br />752 P.2d 1067 (Colo. App. 1988); Lowder v. Tina Marie Homes, Inc., <br />601 P.2d 657 (Colo. App. 1979); an Mi er v. Carnation, P. <br />127 (Colo. App. 1977). Based on the o ings in t ese and other <br />cases, Somerset Mining Company's operations, as well as those of <br />Bear Coal Company, Inc. and Pacific Basin Resources, constitute a <br />nuisance, substantially impairing and limiting the use and value <br />of our clients' property, and that of others in Somerset. <br />In addition, it appears that Somerset Mining Company is not <br />registered with the Secretary of State in any form. <br />Based on the above, we request that the Department of Health <br />take appropriate steps to remedy this situation including <br />requiring the actual parties in interest in Somerset Mining <br />Company to hold the permit for the operation or requiring the <br />filing of a partnership agreement or certificate of incorporation, <br />monitoring the site, requiring submission of an effective control <br />plan, which is specific enough to enforce compliance, and <br />enjoining operation pursuant to 25-7-112, and 25-7-113 (C.R.S.) <br />until all these criteria have been met. <br />If you need any additional information, please contact me. <br />Sincerely, <br />/~~ <br />f~~ <br />L NDA E. WHITE <br />LEW/Cgh <br />Enclosure <br />cc: John Clouse <br />Steve Arnold <br />Randy Price <br />Scott Miller <br />United Mine Workers of America <br />Office of Surface Mining <br />