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-2- Find that the conclusions contained in the Division investigation entitled "Investigation into the Circumstances of the Issuance of Notice of Violation 91-13 Issued to the Somerset Mine", dated October 4, 1991, pertaining to both the NOV and the issues of air quality protection jurisdiction, are proper; and, Issue a final approval decision for Technical Revision No. 8. The details and basis for the above-listed recommendations are summarized below. Recommendation No. 1 (Notice of Violation C-91-013) - The specific details surrounding the issuance of the NOV are provided in the October 4, 1991 investigation. The Division has conscientiously inspected the Somerset Mine on a monthly basis. All of our inspections are random, and conducted without prior notice to the operator. As specified in the October 25, 1991 investigation, our inspectors have not observed severe dust conditions resulting from Somerset Mine operations. We understand, however, that our inspections may not have occurred during worst case conditions, and we are committed to continued monitoring of the mine site. Although we did not meet with any local citizens during our inspection, --- = we have maintained extensive contact with all parties involved throughout the complaint process. The submittal from the Moschners requests that the NOV abatement should include a requirement to cover all trucks. The Division is of the opinion that such a requirement is beyond our jurisdiction. Such requirements are typically handled by the local land use authority. It is important to note that GunniSOn County is currently reviewing plans to expand the Somerset Mine coal storage area, and as part of this review, truck traffic issues are being addressed by the County. Also, please find enclosed a letter from the Colorado Department of Health, to Linda White, in which a commitment is made to require that loads are covered. Recommendation No. 2 (Uphold the Investigation) - The October investigation explains the basis for NOV C-91-013, and it explains the various agency jurisdiction limits pertinent to air quality protection at the Somerset Mine. The conclusions in the investigation are consistent with Division policy and with the Regulations. Recommendation No. 3 (Approve the Technical Revision) - The proposed change from an access road to a haul road is an action typically approved via the technical revision process. The submittal from the Moschners indicates that the plan is not in compliance with C.R.S. 34-33-110(e). We do not believe that this citation is pertinent to the current technical revision application. Also, the submittal indicates that the plan does not comply with C.R.S. 34-33-111(h) and (i). C.R.S 34-33-111(h) discusses local land use provisions. Gunnison County has been noticed and consulted throughout the technical revision review process, and the county has not indicated any objections to revision approval. C.R.S 34-33-111(i) addresses applicable air and water quality laws. The plan complies with such laws.