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y <br />IV, Enforcement Actions <br />The following identifies enforcement actions taken during this inspection, the <br />required abatement and date of abatement for the violation, previous violations <br />still requiring abatement and the termination of violations cited during previous <br />inspections, <br />Presently the Somerset mine loads out coal that is delivered to <br />the mine in haul trucks. The mine does not have, documented in <br />the permit application, designs for the haul road. <br />Rule 4.03.1(1)(c) requires that: <br />the designs for haul roads shall be based on geometric <br />criteria appropriate for the anticipated volume of traffic <br />and weight and speed of vehicles to be used." <br />Rule 2.05.3 requires: <br />Each application shall contain a detailed description of the <br />specific mining operations proposed to be conducted within <br />the permit area. This description shall include, at a <br />minimum, the following: 3 c A description of each <br />road, conveyor, or rail system to be constructed, used, or <br />maintained within the proposed permit area. The description <br />shall include a map, prepared in accordance with 2.10, <br />appropriate cross sections, and the following: li) <br />Specifications for each road width, road gradient, road <br />surface, road cut, fill embankment, culvert, bridge,drainage <br />ditch, and drainage structure. <br />and Rule 2.05.3 (8) requires that all plans contain: <br />A narrative explaining the construction, modification, use, <br />maintenance, removal, and reclamation of coal processing and <br />non-coal waste removal, handling, storage, transportation <br />and disposal areas and structures in the permit area... <br />Upon consultation with the mine environmental consultant, <br />reviewing the permit application and with discussions with <br />personnel of MLRD it was determined that the Somerset mine is in <br />violation with the terms of the permit and with the regulations <br />of the Mined Land Reclamation Board. As a result, the Division <br />issued Notice of Violation NOV 91-013. <br />Based on the following findings the Division has decided that <br />stopping the hauling of coal to the dumpstation is not required <br />by this notice. The Division finds that the violation is not <br />creating an imminent danger to the health or safety of the <br />public. That it is not, nor can it be reasonably be expected to <br />cause significant imminent environmental harm to land, air, or <br />water resources. <br />NOTE: Attach appropriate VIOLATIONS OR CESSATION ORDER CODING FORMS <br />Revises: 4/d8 <br />Doc. No. S101F <br />