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~ ~ III 1111111111111 III <br />DUFFORD, WALDEC K, MILBURN S. KROHN <br />ATTORNEYS AT LAW <br /> 900 VALLEY FEDERAL PLAZA <br />BETTV C BECMTCL <br />WILLIAM H T FREY P. O BO% 2186 <br />Euz ABETM % JogpwN GRAND JUNCTION, COLORADO 81502-2108 <br />WIL L~wM M NA NE <br />RIC MAgD M. NqO MN TELEPHONE (3031 242-4614 <br />LMRD i MILB VRN TELECOPIER 13031 243-7930 <br />LIN OA E. WMITE <br />STE PH wN B. SCHW E1551NG Augu'St 1 J , 1991 <br />Carl Mount <br />Mined Land Reclamation Division <br />215 Centennial Building <br />1313 Sherman Street <br />Denver, Colorado 80203-2273 <br />RE: Permit #C-81-022 <br />Somerset Mining Company <br />Dear Carl: <br />O J DVFFORp <br />OF COUNS[L <br />WILLIwM G. wALOECN <br />OF COUNSEL <br />RECE~VE~ <br />AUG 21 1991 <br />Mined Land <br />Reclamation D;~;Sion <br />As you know, this firm represents the Moschners who live in <br />Somerset just across Highway 133 fom the Somerset Mining Company <br />site, MLRD Permit #C-81-022. <br />It is my understanding that Somerset Mining Company either <br />already has or will soon request a revision to its operating plan <br />to allow it to receive coal by truck from the Bear Number Three <br />Mine. This request for a revision is<to be submitted to the MLRD <br />in response to Afotice of Violation No. 91-»013. <br />This Notice of Violation was issued based on an inspection <br />which took place July 25, 1991, during a period when coal trucks <br />from the sear No. 3 Mine were not dumping coal at the Somerset <br />Mining Company facility. Based on these conditions, the inspector <br />found it was not necessary to issue a cessation order. <br />Conditions as they exist when coal is actually being dumped <br />at the Somerset Mining Company facility are quite different from <br />the conditions found by Mr. Price during his inspection. Coal <br />dust from spilled coal and from activities on the site, and diesel <br />exhaust from the mine site infiltrate the Moschners' home. Only <br />sealing the windows and constant cleaning make it habitable. The <br />yard cannot be used except during times when Somerset Mining <br />Company is not operating. <br />Based on these conditions, the Moschners oppose revision of <br />Somerset's permit to allow the use of haul trucks to bring coal to <br />the site and request a hearing on this issue before the Mined Land <br />Reclamation Board pursuant to 34-33-124, C.R.S. <br />