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T <br /> <br />diesel fumes from the haul trucks. They claim that dust control measures implemented by <br />the Somerset Mine are ineffective, because washing of the State highway is too infrequent. <br />The Division investigated the situation, and found that the road used as a haul road at the <br />Somerset Mine is identified as an access road in the Division permit document. Division <br />regulations require that all roads used to transport coal be designated as haul roads. The <br />Division determined that a violation existed. Notice of Violation 91-013 was issued to the <br />Somerset Mine on August 5, 1991 for failure to permit the haul road properly (Exhibit C). <br />As an abatement, the Division required the mine to submit a technical revision to revise <br />their permit to add the haul road in the permit document. The revision does not propose <br />to make any structural changes to the existing road. The only change proposed will be to <br />designate it as a haul road in the permit application, and to include its use in the operations <br />plan. <br />The existing road meets all of the applicable performance standards under Rule 4.03.1 for <br />haul roads within the disturbed area. Specific performance standards for haul roads that <br />apply to the proposed revision and that aze relevant to the complaint aze: <br />"4.03.1(1)(a) Each person shall ensure that construction, maintenance, and <br />postmining conditions of haul roads into and across the site of operations will control <br />or prevent erosion and siltation, pollution of water or damage to public and private <br />propeny:' <br />Under surfacing, Rule 4.03.1(5)(a): <br />"Haul roads shall be surfaced with rock, crushed gravel, asphalt, or other material <br />approved by the Division as sufficiently durable for the anticipated volume of traffic <br />and weight and speed of vehicles to be used." <br />And under maintenance of haul roads,.Rule 4.03.1(6)(b): <br />Haul Road maintenance shall include repairs to the road surface, bladhng, filling of <br />potholes, and replacement of the road surface. It shall include revegetation, brush <br />removal, watering for dust control. and minor reconstruction of road segments as <br />necessary. <br />The Bear Mine has been hauling coal to the Somerset Mine to use the train loadout for the <br />past 2 years. The Division has known about this practice, but was unaware that a violation <br />existed. A letter from the Division to the Bear Mine Dated November 5, 1982 (Exhibit D), <br />2 <br />