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Mr. William A. Holgate <br />December 22, 1993 ' <br />• Page 5 <br />1. The following will remain to service the ash <br />disposal facility: <br />al T••.....-r -....i 1, ~...1 tea... <br />b) Office Building; <br />c) Fencing; <br />d) Equipment (back hoe, tool truck, road grader, <br />bull dozers). <br />2. The spoil area (overburden) will remain. This <br />material is used approximately every 2 days to <br />cover deposited fly .ash so as to control dust. It <br />will eventually be used as fill where necessary. <br />3. The topsoil piles must remain for eventual return <br />of the property to grazing as post-landfill use. <br />4. Pits A and B must remain as they are the cells in <br />which the asi wi7.1 t~~- disposed. <br />• Thus, in CEC's opinion, reclamation of the coal mine to ttie extent <br />feasible and consistent with the post-mining use of the property as <br />an ash disposal facility has been completed. <br />Phases 4 and 5. <br />Phase 4 (use of the property for ash disposal) is currently <br />underway. The property will be used for disposal purposes for an <br />indefinite period of time, potentially spanning 30 or 40 years. It <br />is expected that Phase 5 (return of the property to grazing) may <br />occur ,periodically over an indefinite period, with final <br />revegetation occurring at the end of the project. <br />III. <br />?SSHA LACRB FURTHER JURISDICTION 07ER THE SITE <br />It~is CEC's position that, under these circumstances, MSHA <br />lacks further jurisdiction over the site. The purpose of the Mine <br />Health and Safety Act, 30 U.S.C. §§ 801 et sea., is to protect the <br />health and safety of miners. See 30 U.S.C. § 801. Simply put, <br />there is no longer a mine in existence and there are no miners to <br />protect:' <br />CEC~is no longer an "operator" of a coal mine within the <br />• meaning of 30 U.S.C. $ 802(d). The property is no longer a "coal <br />or other mine° within the meaning of 30 U.S.C. $ 802(h)(1) but, <br />rather, has been physically transformed into a state approved ash <br />