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a, <br />DUFFORD, WALDEC K, MILBURN & KROHN <br />4TTORNEYS AT LAW <br />B[TTY C BCCNTCL <br />WILLIAM N 1. fRCY <br />ELIZABCTN .l. JORDAN <br />WILLIAM M w NE <br />RICti~gD .'I xRO.~N <br />LIV qD T MILBURN <br />LAN DA E W..IT[ <br />900 ./ALLEY EEOERAL PLA2P <br />v o. BOx zlae <br />GRAND JUNCTION. COLORADO 815 0 2-218 8 <br />T ELEPNONE 13031 2~2-614 <br />D J OVCCOgD <br />o, coNNSEL <br />ST CPNIIN B. SCNW EIS SIN4 <br />T ELECOPIER 13031 2~3-~T30 <br />July 26, 1991 <br />Joel Rohn <br />Acting Director <br />Colorado Department of Health <br />4210 East 11th Avenue <br />Denver, CO 80220 <br />w~LU •q G W!LL DECn <br />of COVMS[L <br />Re: Somerset Mining Company; Request for Monitoring <br />~,.- <br />Dear Mr. Kohn: <br />This firm has been retained by Andrew Moschner to represent <br />himself and his wife regarding the continuing difficulties they <br />are experiencing with Somerset Mining Company's (Somerset's) coal <br />operation just across Highway 133 from their home in Somerset. A <br />map of the Town of Somerset, showing the approximate locations of <br />the Somerset Mining Company's facility, the Bear Number Three Mine <br />and the Moschners' home, is attached, marked Exhibit A. <br />Coal handled at Somerset's load-out facility is actually <br />mined at the Bear Number Three Mine (Bear Mine). The Bear Mine is <br />located in approximately the same location as the Clark Mine shown <br />on Exhibit A. The legal relationship between Bear Company, inc., <br />and the Somerset Mining Company, and Pacific Basin Resources, is <br />described in Exhibit B, a letter from Somerset to the Mined Land <br />Reclamation Division. <br />At the Bear Mine, coal is loaded into open trucks with either <br />a high-loader or a conveyor, then transported on the route shown <br />in red on Exhibit A to Somerset's load-out facility. There it is <br />dumped, eventually to be loaded into railroad cars and shipped <br />out of the area. <br />Somerset Mining Company began its operations in the Town of <br />Somerset in about February 1990. In late fall 1990, a number of <br />residents of the Town of Somerset sent a petition to Governor <br />Romer requesting help with the coal dust problem created by <br />Somerset Mining Company's operation. Copies of the petition are <br />attached, marked Exhibit C. <br />Scott J. Miller, from your Grand Junction office, sent a <br />request for a Fugitive Particulate Emissions Plan dated February <br />21, 1991 (Exhibit D). By the end of April 1991 such a plan had <br />