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Wyoming Fuel Company considers the Mine part of its long term reserves, Permittee respectfully requests such an opinion so that it may submit all notices and otherwise adhere to the Divisions rules. At this time, based on its own interpretation of sections 4.30.1 and 4.30.2, Permittee does not consider the current activity being performed at the New Elk Mine to secure it from the elements to constitute a "cessation of operations" within the intent of these regulations, and hence formally withdraws its previous request for Technical Revision 17, which was originally submitted as a result of errant advice on the part of Division staff to the Permittee. THEREFORE; 1. Permittee strikes and withdraws from consideration by the COLORADO MINED LAND RECLAMATION DIVISION those previous requests for modification to its Permit contained within the "Application Form For A Revision To A Coal Mining And Reclamation Permit", dated December 14, 1989. 2. Permittee denies all allegations that its activity is in any way a final closure of the New Elk Mine, nor that this means of securing the underground workings constitutes a final closure of the Mine by any standard of the applicable regulations. In fact, the methods being utilized to secure the New Elk Mine constitute prudent engineering methods, and are also done with full consideration and in full diligence of prevailing Federal Mine Safety Standards. 3. Permittee admits, and/or affirmatively states with respect to its operations that there have been seals placed at the various mine openings at the New Elk Mine. These seals are placed to prevent access to the Mine workings by third parties, to contain mine atmosphere, and to comply with applicable Federal Mine Safety laws and regulations. It is the intention of the Permittee to maintain the New Elk Mine in this secured condition for future development, as the part of its long term coal reserves. Permittee states for the record that there has been no commercial production from the New Elk Mine since July of 1982. The Mine has been kept as a secured area since that date. The only change that has been enacted since that time is the methods employed by the Permittee to maintain the Mine as a commercially feasible reserve. The transition has been from having in place an active ventilation and dewatering system as part of the long term reserve maintenance of the New Elk to a more passive, closed system, where active ventilation and dewatering are ceased. The integrity of the New Elk Mine