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hearing to April 17, 2013, on a joint request for a continuance from the Division, the <br /> Operator, and INFORM. <br /> 12. Mineral reserves remain in the Whirlwind Mine operation. The <br /> Operator temporarily ceased mining operations due to low uranium prices; the <br /> Operator intends to resume the mining operation at such time that uranium <br /> prices improve. <br /> 13. The Operator's Notice of TC properly and timely requested that the <br /> Division reclassify the Whirlwind Mine from intermittent status to temporary <br /> cessation status. <br /> 14. The Operator has conducted activities that constitute "mining <br /> operations" at the Whirlwind Mine since December 2009. <br /> 15. The Division, the Operator, and INFORM prepared a Proposed <br /> Stipulated Prehearing Order that was submitted to the Board at the April 17, 2013 <br /> hearing. The Board accepted the Proposed Stipulated Prehearing Order as <br /> submitted by the parties. <br /> CONCLUSIONS OF LAW <br /> 16. The Board has jurisdiction over the Operator and this matter pursuant <br /> to the Mined Land Reclamation Act, Article 32 of Title 34, C.R.S. ("Act"). <br /> 17. INFORM bears the burden of proof pursuant to Rule 2.8.1(1). <br /> 18. If an operator plans to, or does, temporarily cease production of the <br /> mining operation for one hundred days or more, the operator must file with the <br /> Division a Notice of Temporary Cessation in writing. C.R.S. § 34-32-103(6)(a)(II); <br /> Rule 1.13.5(1) and (2). The Operator's Notice of TC complied with Rule 1.13.5. <br /> 19. Pursuant to Rule 1.13.6(1), upon receipt of the submission per Rule <br /> 113.5, the Division must place a Notice of Temporary Cessation on the agenda of <br /> the next regular Board meeting and give notice by mail to the operator, the county, <br /> aad any municipalities within two (2) miles of the operation. The Division properly <br /> placed the Notice of TC on the Board's next regular meeting agenda and provided <br /> notice as required by Rule 1.13.6. <br /> 20. Under Rule 1.13.6(2), the Board, at its meeting and in consultation <br /> with an operator and any other person who demonstrates that such person is <br /> directly and adversely affected or aggrieved and whose interest is entitled to legal <br /> protection under the Act, may take action the Board deems necessary and <br /> authorized by law, including but not limited to: accept the Notice of Temporary <br /> Cessation as submitted; accept the Notice of Temporary Cessation with <br /> &nergy Fuels Resources Corporation 3 <br /> W&irlwind Mine, M-2007-044 <br />