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BEFORE THE MINED LAND RECLAMATION BOARD <br />STATE OF COLORADO <br />FINDINGS OF FACT, CONCLUSIONS OF LAW, AND ORDER <br />IN THE MATTER OF THE APPLICATION FOR PARTIAL BOND RELEASE OF ENERGY <br />FUELS COAL, INC., SOUTHFIELD MINE, Permit No. C-1981-014 <br />THIS MATTER came before the Mined Land Reclamation Board ("Board") on <br />November 16, 2016 in Denver, Colorado for a hearing to consider the application of Energy <br />Fuels Coal, Inc. ("Operator") for partial Phase 1, 11, and III bond release. Jim Stark and First <br />Assistant Attorney General ,Jeff Fugate appeared on behalf of the Colorado Division of <br />Reclamation, Mining and Safety ("Division") to present for the Board's consideration a <br />Stipulated Agreement: SL -04 Bond Release Application and Objection between the Division, <br />Operator, and The Corley Company ("Agreement"). <br />The Board, having considered the Agreement and having been otherwise fully <br />informed of the facts in the matter, hereby states that it agrees with the provisions of the <br />Agreement, and orders the following: <br />FINDINGS OF FACT <br />1. The Board approves and adopts, as if set forth fully herein, the Background <br />Facts in the Agreement, paragraphs A through L therein. <br />2. On August 22, 2016, the Division issued a Proposed Recision and Findings of <br />Compliance for SL -04 ("Proposed Decision"). In its Proposed Decision, the Division found <br />that the Operator met the requirements for bond release of Phase I, met the approved <br />reclamation plan for Phase Il, and successfully completed all surface coal mining <br />reclamation operations for the areas approved for Phase III bond release. In the Proposed <br />Decision, the Division proposed to approve the Operator's request for Phase I, Il, and III <br />bond release for the Southfield Mine. <br />CONCLUSIONS OF LAW <br />3. The Board has jurisdiction over the Operator and this matter pursuant to <br />the Colorado Surface Coal Mining Reclamation Act, Article 33 of Title 34, C.R.S. ("Act'). <br />4. Under section 34-33-125(9), C.R.S., a bond may be released, in whole or in <br />part, if the Division or the Board is satisfied that the reclamation covered by the bond or <br />.portion thereof has been .accomplished as required by the Act. The Division is satisfied <br />that the reclamation of the Southfield Mine covered by the bond has been accomplished as <br />required by the Act. <br />