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Mr. William A. Holgate <br />• December 22, 1993 <br />Page 6 <br />landfill. The only remnants of any consequence of the coal mine <br />which are currently still on the landfill, but which are not used <br />~i--• . <br />In UU1111eCiaJi~wii.ai n5~1 lala ..o i11, aie u~C ~.iYt.l c. .a..u .`.a..:. ..~_~::~.. <br />tlOWOVer, ne1L`heZ' are alatu C!1]~'ivl"i~j ci iu~ Wli]131y ruLy~aeS O~, ~Cii <br />that matter, any other purpose. They are simply being stored on <br />the property until they can be sold. The law is clear that MSHA <br />does not have jurisdiction over structures which were once used, <br />but are no longer used, in mining operations. See Lancashire Coal <br />Company v. Secretary of Labor, 968 F.2d 388 (3d Cir. 1992). <br />Further, the site is not subject to coverage under the Mine Health <br />and Safety Act because there is no interstate commerce, i_e., there <br />are no mined products from the property which are entering <br />commerce, since there are no such products. See 30 U.S.C. § 803. <br />The property is now a state approved ash landfill (Phase 4), <br />under the jurisdiction of other governmental agencies, such as Weld <br />County; the Colorado Department of Health, and others. In <br />Colorado, health and safety of workers in private landfills falls <br />within the jurisdiction of the Occupational Safety & Health <br />Administration. <br />• Ultimately, after landfill operations have been com~:leteu, the <br />land will be raturnad t:, arazina or suc:: cther post-landfill use as <br />may be deemed appropriate. This clearly is ' outside the <br />jurisdiction of MSHA, which is not in the post-landfill reclamation <br />business. <br />Iv. <br />CONCLIISZON <br />We respectfully request that MSHA acknowledge this <br />notification of permanent abandonment of the mine, and acknowledge <br />that it will no longer attempt to exercise jurisdiction over the <br />site. , <br />Thank you in advance for your attention to this matter. <br />Should you require further information, please do not hesitate to <br />contact us. we await your response. <br />truly yours, <br />. J <br />jmh:bc ~~ <br />cc: Larry Campbell <br />Jack Epple. <br />Robert Lerche, Esq. <br />LEY, AMP~CARNEY & MADSEN <br />M. Hansen <br />