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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 ENERGY FUELS RESOURCES CORPORATION'S NOTICE <br /> OF TEMPORARY CESSATION, Permit No. M-2007-044 <br /> THIS MATTER came before the Mined Land Reclamation Board ("Board") on <br /> April 17, 2013 for a hearing to consider the notice of temporary cessation of Energy <br /> Fuels Resources Corporation ("Operator") for Whirlwind Mine, permit number M- <br /> 2007-044. Curtis Moore, Esq. and Dick White appeared on behalf of the Operator. <br /> Jeff Parsons, Esq. and Jennifer Thurston appeared on behalf of objector Information <br /> Network for Responsible Mining ("INFORM"). Assistant Attorney General Julie M. <br /> Murphy and G. Russell Means appeared on behalf of the Division of Reclamation, <br /> Mining and Safety ("Division"). <br /> The Board, having considered written submittals, the parties' presentations <br /> and testimony, and being otherwise fully informed of the facts in the matter, enters <br /> the following: <br /> FINDINGS OF FACT <br /> 1. The Operator has a 112(d) reclamation permit for a 9.74-acre uranium <br /> and vanadium mining operation. The site, known as the Whirlwind Mine (permit <br /> number M-2007-044), is located in Section 28, Township 51 North, Range 20 West, <br /> loth Principal Meridian, in Mesa County, Colorado. <br /> 2. On September 10, 2008, the Board approved the Operator's application <br /> for a 112d permit for the Whirlwind Mine. The Division issued Permit No. M-2007- <br /> 044 ("Permit") to the Operator for the Whirlwind Mine that same day. <br /> 3. On May 12, 2009, the Division received a complete application for <br /> Technical Revision No. 01 ("TR-01") fiom the Operator pursuant to the Mineral Rules <br /> and Regulations of the Colorado Mined Land Reclamation Board for Hard Rock, <br /> Metal, and Designated Mining Operations ("Rules"),Rules 1.9 and 1.13.7. In TR-01, <br /> the Operator requested reclassification of the Whirlwind Mine fiom active status to <br /> intermittent status. <br /> 4. On June 5, 2009, the Division issued its approval of TR-01 placing the <br /> Whirlwind Mine in Intermittent Status. The Division did not receive any petitions <br /> for a Board hearing, pursuant to Rule 1.4.11, on the Division's approval of TR-01 on <br /> or before the July 6, 2009 deadline for an adversely affected person to seek Board <br /> review of the approval. <br />