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<br />BEFORE THE COLORADO MINED LAND RECLAMATION BOARD <br />DEPARTMENT OF NATURAL RESOURCES <br />STATE OF COLORADO <br />NOV061991 <br />Mined Land <br />4Pclamation Div~s:~ <br />RESPONSE OF SOMERSET MINING COMPANY TO OBJECTORS COMMENTS REGARDING <br />ABATEMENT OF NOV-91-013 AND OBJECTION TO THE MINED LAND RECLAMATION <br />DIVISION'S DECISION TO APPROVE TR-08 <br />Re: FORMAL PUBLIC HEARING, NOTICE OF VIOLATION NOV 91-013, <br />SOMERSET MINE (FILE NO. 81-022) AND TECHNICAL REVISION FOR THE <br />RECLASSIFICATION OF THE SOMERSET MINE ACCESS ROAD TO A HAUL <br />ROAD, SOMERSET MINE, (PERMIT C-81-022, REVISION TR-08) <br />In response to the request of the Mined Land Reclamation Board <br />made at its October 16, 1991 hearing, Somerset Mining Company, by <br />its Attorneys Parcel, Mauro, Hultin and Spaanstra hereby submit the <br />following position statement regarding the matters at issue in this <br />proceeding. <br />BACKGROUND <br />The Somerset Mining Company ("SMC") operates a coal storage <br />and loading facility near Somerset, Colorado pursuant to permit C- <br />81-022. This facility, which has been in operation since the early <br />1960s, was acquired as a loadout facility by SMC on December 1, <br />1989 and the existing permit was transferred to SMC from the <br />previous operator, U.S. Steel Mining, on January 3, 1990. The <br />facility consisted of unit train loadout equipment, conveyors and <br />crushing equipment, coal storage facilities and associated roads <br />and yard areas. A fundamental assumption to SMC's acquisition of <br />the facility was the fact that the main route which accesses the <br />facility had been utilized by the previous operators under the <br />permit as both an access road and haul road with the written <br />