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<br />~i <br />BEFORE THE COLORADO MINED LAND RECLAMATION BOARD <br />DEPARTMENT OF NATURAL RESOURCES <br />STATE OF COLORADO <br />ORDER <br />IN THE MATTER OF SOMERSET MINING COMPANY <br />PERMIT NO. C-81-022 <br />GUNNISON COUNTY, COLORADO <br />This matter comes before the Mined Land Reclamation Board <br />("Board") in a formal public hearing conducted by the Board <br />pursuant to Rule 5.03.5 and Rule 2.08.4(5)(b) for review of Notice <br />of Violation ("NOV") No. 91-013 issued by the Mined Land <br />Reclamation Division ("MLRD") to Somerset Mining Company ("SMC") <br />and consideration of an objection to a technical revision submitted <br />by SMC in fulfillment of the abatement requirements of the NOV and <br />proposed for approval by the MLRD. After taking testimony in a <br />formal public hearing conducted on October 16, 1991 and November <br />13, 1991 the Board hereby makes the following findings of fact and <br />renders its final decision with respect to these matters through <br />entry of the following order: <br />1. The Board hereby incorporates as its findings of fact, the <br />report prepared by the MLRD entitled "Investigation into the <br />Circumstances of the Issuance of Notice of Violation 91-013 Issued <br />to the Somerset Mine" dated October 4, 1991. <br />2. The Board hereby affirms the issuance of NOV 91-013 and the <br />abatement requirements set forth therein, in the form originally <br />issued by the MLRD and attached to the above referenced report as <br />Exhibit C. <br />3. The Board hereby renders a final decision approving TR-08 to <br />SMC's Permit No. C-81-022. <br />4. The Board hereby determines that SMC has complied fully with <br />all abatement requirements of NOV 91-013. <br />Dated this day of November, 1991. <br />Chris Jouflas <br />Chairman <br />Mined Land Reclamation Board <br />