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modifications and other necessary activities as ordered by the Board; determine <br /> that the mining operation is not in a state of temporary cessation; continue the <br /> matter for another month or more to allow the Operator to revise the Notice of <br /> Temporary Cessation and/or to allow the Division to conduct a site inspection or <br /> otherwise review the matter as necessary. <br /> 21. Under section 34-32-103(8), C.R.S., "mining operation" means the <br /> development or extraction of a mineral from its natural occurrences on affected <br /> land, including but not limited to, open mining, in situ mining, in situ leach mining, <br /> surface operations, disposal of refuse from underground mining, in situ mining, and <br /> in situ leach mining. "Mining operation" includes operations on affected lands, such <br /> as transportation; concentrating; milling; evaporation; and other processing. The <br /> Operator's on-site activities at the Whirlwind Mine after December 2009 constitute <br /> mining operations. The Operator engaged in mining operations at the Whirlwind <br /> Mine after dewatering ceased in 2009. <br /> ORDER <br /> The Board ACCEPTS the Operator's Notice of Temporary Cessation, TC-01, <br /> for the Whirlwind Mine, permit number M-2007-044 as submitted. Further, the <br /> Board finds that the effective date that Whirlwind Mine entered Temporary <br /> Cessation is September 19, 2012. <br /> DONE AND ORDERED this -7.,_ day of May 2013. <br /> FOR THE COLORADO MINED LAND <br /> RECLAMATION BOARD <br /> Thomas E_ Brubaker, Chair <br /> NOTICE OF APPEAL RIGHTS <br /> This order becomes effective and final upon mailing. Any party adversely affected <br /> or aggrieved by agency action may commence an action for judicial review by filing <br /> a notice of appeal with the district court within thirty (30) days after the effective <br /> date of this order, pursuant to section 24-4-106, C.R.S. (2012). In the event that an <br /> appeal is filed, designations of record made in accordance with section 24-4-106(6), <br /> C.R.S. should be served on the Board at: 1313 Sherman Street, Room 215, Denver, <br /> CO 80203, Attention: Sitira Pope- <br /> Energy Fuels Resources Corporation <br /> Whirlwind Mine, M-2007-044 4 <br />