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Attachment A Conditions of Approval <br /> 39. The swinging metal gates on the roads to the Whirlwind and Packrat portals shall be <br /> locked during weekends, holidays, and other down times. <br /> 40. Energy Fuels shall engage in ongoing communication with the BLM rangeland managers <br /> and/or the two grazing leaseholders during the summer season. <br /> 41. To be covered by the BLM Programmatic Consultation for the endangered Colorado <br /> River fish species, Energy Fuels shall make a one-time payment in the amount of <br /> $434.08 to the National Fish and Wildlife Foundation, the USFWS' designated agent. <br /> 42. Energy Fuels shall install bat gates at the main Packrat Portal and the Whirlwind Portal <br /> during reclamation. <br /> 43. Reopening of portals shall occur sometime during the months of April to September in <br /> order to avoid direct impacts to bat species. <br /> 44. Construction shall be avoided between pre-nesting and chick fledgling. If construction <br /> occurs between these times, additional nesting surveys shall be performed and a 300- <br /> foot radius buffer would be placed around active nests. <br /> 45. One pre-treatment pond and two on-site water post-treatment settling tanks shall be <br /> available for birds to use as a safe water source. The tanks shall be equipped with <br /> escape structures based on proven methods (Taylor and Tuttle, 2007) and must be <br /> maintained so that they are functioning at all times. <br /> 46. The sediment pond shall be constructed in such a way as to provide easy exit by wildlife. <br /> The sediment pond shall not be netted or fenced. <br /> 47. Haul drivers, miners, and other contractors shall be briefed in regularly scheduled safety <br /> meetings on the potential impacts to big game winter range and bear fall concentration. <br /> 48. Mine site trash shall be contained in exterior bear-proof trash containers. <br /> 49. In accordance with 29 CRF 1910.1200(g), Energy Fuels shall maintain a file containing <br /> Material Safety Data Sheets (MSDS) for all chemicals, compounds, and/or substances <br /> which are utilized during the course of construction, mining, and reclamation operations <br /> of this project. This file shall be available for reference and inspection at all times at the <br /> site. <br /> 50. A roll-off bear-proof container for disposal of trash shall be located on-site. A second roll- <br /> off may be placed on the Whirlwind pad if needed. No landfills shall be constructed on- <br /> site. Recycling of applicable materials (batteries, scrap metal) shall take place during <br /> mine operations. <br /> 51. Ore haul trucks shall be checked for radiation levels prior to leaving the mine site and <br /> the mill site on the return leg. If gamma readings are found to be elevated, the ore truck <br /> shall be cleaned using a power wash or other method to meet appropriate radiation <br /> standards. <br /> Whirlwind Mine Decision Record A-4 <br />