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<br />NO+i ;; Y ?991 <br />f~~ined sand <br />STATE OF COLORADO '~^^°- <br />MINED LAND RECLAMATION BOARD <br />COMMENTS REGARDING INADEQUACIES OF THE PROPOSED ABATEMENT <br />RE: TECHNICAL REVISION FOR THE RECLASSIFICATION OF THE SOMERSET <br />MINE ACCESS ROAD TO A HAUL ROAD, SOMERSET MINE, (PERMIT NO. <br />C-91-022, REVISION TR-08) <br />Mr. and Mrs. Andrew Moschner, by their attorneys Dufford, <br />Waldeck, Milburn and Rrohn, hereby comment regarding inadequacies <br />of the proposed abatement. <br />STATEMENT OF FACTS <br />In early February or March 1990, Somerset Mining Company <br />reopened the former U.S. Steel facility in Somerset, Colorado. <br />However, instead of mining coal on-site, Somerset Mining Company <br />received coal from the Bear No. 3 Mine located on the east side of <br />the Town of Somerset, shipped in approximately 100 round trips per <br />day in addition to other traffic generated by Somerset Mining <br />Company activities. See Application for Air Pollution Emission <br />Permit (attached hereto as Exhibit A) submitted to the Colorado <br />Department of Health (CDOH) in response to a Notice of Violation <br />from the CDOH dated November 19, 1990. <br />Although Somerset Mining Company represented to the CDOH that <br />there were no changes in its operation from that of U.S. Steel, it <br />is clear from reading the cover letter and attached application <br />that the trucking operation was not pact of U.S. Steel's method of <br />operation. The road formerly used as an access road by U.S. Steel <br />was actually being used as a haul road by Somerset Mining Company. <br />Therefore, a Notice of Violation No. 91-013 was issued on <br />Somerset Mining Company on August 5, 1991. This Notice of <br />Violation resulted from an investigation which took place on ,7uly <br />25, 1991 at a time when coal trucks from the Bear No. 3 Mine were <br />not dumping coal at the Somerset Mining Company facility. Based <br />on conditions observed during this idle period the inspector, Mr. <br />Price, found it was not necessary to issue a cessation order. <br />A subsequent inspection was made by Mr. Price on September <br />26, 1991. Although it is our understanding that Mr. Price took <br />special care to make his investigation without the knowledge of <br />Somerset Mining Company, it happened that the Mining Company was <br />being videotaped at the same time Mr. Price was making his <br />investigation. Thus, he found Somerset Mining Company operating <br />under its most ideal conditions. There is no indication that <br />