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• • iiiiii~ii~iniiiiii <br />Memo <br />August 20, 1991 <br />To: Lazry <br />From: Randy <br />RE: Penalty Assessment, NOV C-91-013, Somerset Mine (C-81-022) <br />The following information is zPlevant to the assessment of the civil <br />penalty for NOV 91-013 issued to the Somerset Mine. <br />This violation was issued as a result of a call from Linda White <br />concerning the hauling of coal from the Bear Mine to the Somerset Mine <br />for loadout. Linda is an attorney representing Andy Moshner who is <br />suing Hear for creating an alleged air pollution problem caused by the <br />haul trucks. Linda wanted to know what the permit application had to <br />say about the practice. I could not find anything in the application or <br />in past revisions approving the hauling of coal on this road. The road <br />used to haul coal at the Somerset Mine has not been approved as a haul <br />road. Therefore I issued a NOV. <br />However there are some extenuating circumstances that complicate the <br />situation and they are: <br />1) The Division had allowed the practice to continue for the past <br />2 years without identifying it as a violation. <br />2) In a letter (found after NOV issuance) dated October 28, <br />1982, Bill Hear informed the Division that The Hear Mine planed <br />to use the Somerset loadout to handle coal produced in the Bear <br />No. 3 Mine. The Division responded in a letter dated November <br />5, 1982 that " .the Division sees no problem with Bear Coal <br />using the U.S. Steel loadout at Somerset, if authorized by U.S. <br />Steel." <br />3) The Somerset mine does have an approved air emissions permit <br />for the current practice. <br />Enclosed is the NOV, copies of the correspondence and the TR that was <br />submitted as part of the abatement. Essentially the TR dces not change <br />the existing designs or construction of the haul road but will allow for <br />public comment and incorporation of the haul road into the permit. <br />If you have any questions please contact me. <br /> <br />