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` ~~~ a~lll IIIIIIIIIIIIIIII BEFORE THE MINED LAND RECLAMATION DIVISION ``/~ OF THE STATE OF COLORADO ON BEHALF OF THE WYOMING FUEL COMPANY PERMITTEE In Re: Technical Revision No. 17; Temporary Closure of Underground Workings At The New Elk Mine Permit No. C-81-012 FORMAL WITHDRAWAL OF TECHNICAL REVISION 17 Permittee hereby submits before the COLORADO MINED LAND RECLAMATION DIVISION, pursuant to and in good faith adherence to its rights and obligations under its Permit No. C-81-012, the following formal withdrawal of the previously requested Technical Revision No.17 Permittee will comply with any and all applicable requirements under the jurisdiction of the Mined Land Reclamation Division pursuant to it obligations under its Permit No. C-81-012. Permittee believes, in good faith, that it is now in full compliance with these rules and regulations. Permittee also asserts that it will comply with the full intention of Sections 4.30.1 or 4.30.2 of the Divisions rules at such time as Permittee will be in a mode that is a cessation of operations within the meaning and intent of these sections. It is the Permittee's belief that the current activity at the New Elk Mine is not a cessation of operations, as contemplated under section 4.30.1 or section 4.30.2, as Permittee has no intention to abandon these underground workings, and will continued to secure them until it is economically prudent to resume commercial coal production from the New Elk Mine. All existing surface facilities have and will remain active. If this interpretation of the meaning and intent of sections 4.30.1 and 4.30.2 is contrary to the Divisions, Permittee requests that this divergence of opinion be communicated to it in writing, so that Permittee may comply according to the Division's requirements. Particularly, if, in the opinion of the Division, the absence of commercial production at the New Elk Mine does in fact constitute "a cessation of operations", albeit a temporary one, as