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<br />t ~ . <br />~ III IIIIIIIIIIIII III <br />STATE ~F COLUKAVU <br />MINED LAND RECLAMATION DIVISION <br />Department of Natural Resources <br />1313 Sherman St., Room 215 <br />Denver, CO 80203 <br />303 666-3567 <br />Fa X: 303 632-8706 <br />pF COO <br />R~~ R! <br />e•, .4-. p <br />N ;.. O <br />•~~:• <br />~r876 <br />Rq Romer. <br />Govamor <br />- FreO R. Banla. <br />DATE: November 6, 1991 Division Diretlor <br />T0: Colorado Mined Land Reclamation Board <br />FROM: David Berry <br />RE: Hearing Requests from Mr. and Mrs. Andrew Moschner <br />Notice of Violation C-91-013 - Technical Revision No.B <br />Somerset Mining Company - Somerset Mine - Permit No. C-81-022 <br />This memorandum will summarize the issues and recommended Mined Land <br />Reclamation Board (Board) actions pertaining to the above-referenced hearing <br />requests. Documents received from Linda White, representing Mr. and <br />Mrs. Moschner, and from Dean Massey, representing Somerset Mining Company are <br />included for your review. A previous correspondence from Ms. White, and a <br />Colorado Mined Land Reclamation Division (Division) investigation were sent to <br />=-the Board last month. - <br />The documents submitted for Mr. and Mrs. Moschner request Board consideration <br />regarding two specific issues. The Colorado Surface Coal Mining Reclamation <br />Act (Act) 34-33-101, and the-Regulations of the Colorado Mined Land <br />Reclamation Board for Coal Mining (Regulations) mandate specific constraints <br />within which the two issues must be addressed. The issues, and pertinent Law <br />and Regulations are as follows: <br />1. Pursuant to C.R.S. 34-33-124, and Rule 5.03.5, the Moschners have <br />requested a Formal Public Hearing to review the issuance of Notice <br />of Violation (NOV) C-91-013, and to review the adequacy of the <br />abatement measures ordered in association with the NOV; and, <br />2. Pursuant to C.R.S. 34-33-116, and Rule 2.08.4(5)(b) the Moschners <br />have requested a hearing to review their objection to the <br />Division's proposed decision to approve Technical Revision Number 8. <br />Additionally, the Moschners have requested clarification pertaining to the <br />Board's jurisdiction in regulating air quality protection. <br />The Division recommends the following Board findings: <br />1. Find that the Notice of Violation C-91-013, and the associated <br />abatements were properly issued; <br />