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<br /> <br />Ms. Linda White, an attorney representing the Moschner family, has requested a Mined <br />Land Reclamation Board (Board) Hearing pursuant to C.R.S. 34-33-124 and Rule 5.03.5 <br />regarding the Somerset Mine. The request is attached as Exhibit A. The Moschner family <br />requests that the Board clarify the extent of the Board's and Mined Land Reclamation <br />Division's (Division) jurisdiction on controlling dust emissions resulting from the use of the <br />State highway and haul roads by haul trucks. The family opposes the permitting of an access <br />road at the Somerset Mine as a haul road. A Formal Public Hearing has been scheduled <br />for the October Board meeting to allow those interested parties to address the Board. <br />As duetted by the Colorado Mined band Reclamation Board, and pursuant to Rule <br />5.03.5(2), the Division has completed this investigation into the conditions surrounding the <br />issuance of Notice of Violation (NOV) C-91-013. This investigation is intended to define the <br />Division's and Board's jurisdiction regarding air quality impacts from coal haul trucks using <br />State roads, and roads within a permit area. Also, impacts to the Moschners resulting from <br />the Division's approval of the haul road at the Somerset Mine have been evaluated. The <br />following is a report that describes the circumstances surrounding the issuance of the Notice <br />of Violation and the Division's findings of the investigation. <br />The enclosed photo (Exhibit B) shows the access road to the Somerset Mine. Also shown <br />are the Bear Mine and its associated permitted haul road. State Highway 133 is shown <br />meandering through the town of Somerset. The access road (proposed haul road) to the <br />Somerset Mine is shown curving azound the Somerset Mine silo and train loadout. Also in <br />this photo is a tandem coal haul truck preparing to unload coal at the Somerset Mine truck <br />dump. <br />The Moschners live in the town of Somerset, 9 miles north of the town of Paonia. The <br />Moschner's house is next to State highway 133, and aaoss from the intersection witJt the- <br />mine's access road. The Moschner house is shown in the aerial photograph. <br />The Moschners claim that the coal haul trucks traveling from the Bear Mine spill coal as <br />they turn off the State highway and onto the Somerset access road. This coal becomes . <br />pulverized by passing traffic. They claim that despite the Somerset Mine's implementation <br />of a Fugitive Particulate Control Plan, coal dust continues to infiltrate their home.-That dust - <br />accumulates on their car within several hours of washing. Laundry hung out to dry, becomes <br />covered with dust. They also claim that activities in their yard are curtailed by the dust and <br />1 <br />