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Energy Fuels Resources(USA)Inc. <br /> f 225 Union Blvd.Suite 600 <br /> Lakewood,CO,US,80228 <br /> ENERGYFUELS 303 974 2140 <br /> www.energyfuels.com <br /> August 31, 2017 RECEIVED <br /> Via Electronic Mail and Express Delivery t/SEP 0 12017 <br /> Ms. Stephanie Mitchell DIVISION OF RECLAMATION <br /> Colorado Department of Natural Resources MINING AND SAFETY <br /> Division of Reclamation, Mining and Safety <br /> 1313 Sherman Street, Room 215 <br /> Denver, CO 80203 <br /> RE: Whirlwind Mine,Permit No. M-2007-044, Temporary Cessation, Notice for Second Period <br /> and Request for Hearing <br /> Dear Ms. Mitchell: <br /> On May 7, 2013, the Mined Land Reclamation Board ("MLRB") approved Energy Fuels Inc.'s request <br /> to put the Whirlwind Mine (the "Mine") Permit No. M2007-044 into initial Temporary Cessation <br /> ("TC")pursuant to Rule 1.13.5(1)(a) for five (5) years. Per the MLRB Order, the TC was effective <br /> September 19, 2012. Therefore, the TC period ends on September 19, 2017. In response to a letter from <br /> the Division of Reclamation, Mining and Safety ("DRMS") dated April 17, 2017, and subsequent <br /> discussions with DRMS staff, Energy Fuels Resources (USA) Inc. ("EFRI") is requesting a hearing for a <br /> second five (5) year TC period pursuant to CRS 34-32-103(6)(a)(III) and Rule 1.13.5(1)(b). To facilitate <br /> this request, the requirements of Rule 1.13.5(3) are presented in bold italics below, followed by EFRI's <br /> response. <br /> (3) The Notice for the second period shall include the following: <br /> (a) demonstration that the existing Financial Warranty is adequate to cover the <br /> reclamation liability; <br /> EFRI Response: <br /> The existing financial warranty for the Whirlwind Mine is in the form of a new corporate surety bond in <br /> the amount of$375,078 issued by Argonaut Insurance Company on July 5, 2017, and approved by <br /> DRMS on July 6, 2017 (see Attachment A). The surety amount of$375,078 was calculated by DRMS as <br /> described in the "Initial Reclamation Liability Estimate" dated February 7, 2008 (see Attachment B) and <br /> based on information supplied within EFRI's 112(d) permit application, adequacy review and <br /> subsequent discussions with DRMS staff. The surety amount of$375,078 is based on a surface <br /> reclamation estimate of$148,372 and bulkhead construction estimate of$226,706. The bulkhead <br /> construction component includes estimates of$111,450 for the Whirlwind Bulkhead Seal and $115,256 <br /> for the Packrat Contingency Bulkhead Seal. <br /> 1 I Page <br />