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energy fuels coal, inc. i <br />southfield mine • post office box 459 • Florence, colorado 81226 • (719) 784-6395 <br />,ECEIVED <br />January 28, 2010 FEB 012010 <br />Division of Rec?amabon, <br />Ms Janet Binns - Reclamation Specialist Mining and Safety <br />Division of Reclamation, Mining & Safety <br />1313 Sherman Street - Room 215 <br />Denver, CO 80203 <br />RE: TECHNICAL REVISION No.24 (TR-24) - WITHDRAWAL REQUEST <br />Loadout Site Pond - Kerr (Mary) Mine - Permit No. C-80-006 <br />Dear Janet Binns: <br />By this letter, Kerr Coal Company respectfully requests the Division to withdraw <br />Technical Revision No.24 (TR-24) that was previously submitted (05-13-09) regarding a <br />request for permanence of the Tipple Pond located at the Kerr Loadout Site south of <br />Walden in Jackson County, Colorado. <br />In response to the landowner's request, Kerr requested a revision from the <br />Division to leave the pond in place as a permanent structure. However, after lengthy <br />research, Kerr found that they were unable to furnish an adequate supply of water for the <br />pond in response to the rules & regulations of the Colorado Division of Water required <br />for permanence of the pond. As a result, Kerr intends to backfill and reclaim the Tipple <br />Pond in accordance with Kerr's approved reclamation plan. Accordingly, please <br />withdraw Technical Revision No.24 (TR-24). <br />If you have any questions or if I can supply further information, please contact <br />me. <br />Sincerely, <br />rge V. atterson <br />Gen Mine Manager <br />