ENFORCE29464

• Permit No: C1981022
• IBM Index Class Name: Enforcement
• Doc Date: 10/4/1991
• Doc Name: INVESTIGATION INTO CIRCUMSTANCES OF ISSUANCE OF NOV 91-013 ISSUED TO SOMERSET MINE
• Violation No.: CV1991013
• Media Type: D
• Archive: No

minimize fugitive particulate emissions into the atmosphere through the use of all
available practical methods which are technologically feasible and economically
reasonable and which reduce, prevent and control emissions so as to facilitate the
achievement of the maximum practical degree of air purity in every portion of the
State "
The Mined Land Reclamation Division does not have any jurisdiction to enforce its
regulations on the State highways. The definition of roads in the Division's regulations
specifically exempts public roads. Therefore, State highways are not covered. On State roads,
the Colorado State Highway Department has jurisdiction. Larry Drieth of the State Highway
Department in a conversation on October 3, 1991 said that complainu about mud on the
highway are referred to the Colorado State Patrol for enforcement.
Truck traffic, noise and land use issues are handled by the local land use authority. Joanne
Williams of the Gunnison County Planning Office, in September and October written and
verbal communications, indicated that the County has not issued a letter of noncompliance
for coal hauling operations at the Somerset Mine. A hearing will be held November 8, 1991
to review the practice of hauling coal to the Somerset Mine for loadout and to allow for
public comment.
In conclusion, the Division does not have the authority to enforce the Colorado Department
of Health air quality regulations. Also the Division cannot determine, nor does it have the
authority to determine if there is a violation of the Fugitive Particulate Emissions Control
Plan. The Division can only make observations and report to the Colorado Department of
Health. The Division can, however, require that the mine obtain and remain in compliance
with the air emissions permit as administered by C.D.H. as a requirement of the coal mining
and reclamation permit.
The Division's authority to regulate the activities of the mine end at the intersection of the
haul road with the State highway. The Division cannot regulate coal hauling activities on the
State highway; this is the State Highway Department's responsibility.
The Division can require and enforce the implementation of a dust control plan for the haul
road at the Somerset Mine. If a dust suppression plan is implemented, and if compliance
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