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Mr. William A. Holgate December 22, 1993 • Page 2 C. The Tipple is No Longer IIsed mhP tsrnle (coal crusher, coal storage and coal loadout) is ^^r ^`~`-+'e^}~1 !lSPR, ~^Ca ~~>> nf7t hP 7)eed. in connection Wlth dnV mining or moving of materials. Nor will it be used in connection with fly ash disposal (discussed below). CEC' is currently negotiating a sale of the tipple. (See Attachments A and B hereto). Upon sale, the tipple will be permanently removed from the site. D. The Dragline is No Longer IIsed The dragline is not currently used, and will not be used, in connection with any mining or moving of materials. Nor will it be used in connection with fly ash disposal. The necessary electrical support to operate the dragline has been abandoned. CEC and Public Service Company ("PSC") entered into an agreement dated May 28, 1993, whereunder the dragline shall be energized only for periodic testing, maintenance, or demonstration purposes, upon five days advance notice to and approval by PSC. (See Attachment C). CEC has not even started the dragline for over a year. CEC is currently :egotiat.in; a szlc of ::ne dragline. (See Attachments D • and E). Upon sale, it will be permanently removed from the site. In sum, CEC has permanently abandoned the site as a coal mine. All mining has ceased and will not be reactivated. II. THE SITE HA8 BEEN TRANSFORMED FROM A COAL MINE TO AN ASH DISPOSAL FACILITY A. The Site Has Been Converted from a Coal Mine to An Ash Disposal Facility As you are no doubt aware, the site is regulated under the Colorado Surface Coal Mining Reclamation Act, section 34-33-101 et se ., C.R.S. ("CSCMRA" or "Act"). Under that Act, CEC was required to, and did, obtain a Permit which contains a reclamation plan. See §§ 34-33-109 and -111, C.R.S. CEC's initial reclamation plan, like typical plans, required restoration of the site to its Approximate Original Contour ("AOC") within six months or so following cessation of mining activities. The land would then be revegetated for potential grazing use. Subsequently, however, the post-mining use of the land was changed from (1) contemporaneous reclamation and restoration to grazing capability to (2) transformation of the site from a coal • mine to an ash disposal site, use of the property as an ash disposal landfill for an indefinite period extending possibly 40 years, followed by a return of the property to grazing land.