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OFENEWYMELS <br />October 24, 2017 <br />Via Hand Delivery <br />Colorado Mined Land Reclamation Board <br />Colorado Division of Reclamation, Mining and Safety <br />1313 Sherman Street, Room 318 <br />Denver, CO 80203 <br />Energy Fuels Resources (USA) Inc. <br />225 Union Blvd. Suite 600 <br />Lakewood, CO, US, 80228 <br />303-974-2140 <br />www.energyfuels.com <br />RECEIVED <br />OCT 25 201+ <br />DIVISION OF RECLAMATION <br />MINING AND SAFETY <br />Re: Whirlwind Mine, Permit No. M-2007-044, Temporary Cessation, Notice for Second <br />Period and Requested Hearing <br />Dear Board Members and Division Employees and Representatives: <br />Energy Fuels Resources (USA) Inc. ("Energy Fuels") provides the following comments <br />in response to a letter, dated October 20, 2017, from the Information Network for Responsible <br />Mining ("INFORM") to the Colorado Mined Land Reclamation Board (the "Board") and the <br />Colorado Division of Reclamation, Mining and Safety (the "Division") regarding Energy Fuels' <br />August 31, 2017 Notice for Second Period of Temporary Cessation and Request for Hearing (the <br />"Notice") for the Whirlwind Mine, Permit No. M-2007-044 (the "Mine"). <br />INFORM's October 20 letter claims that Energy Fuels has not demonstrated the <br />necessary commitment to resume mining operations by the end of the second five-year period. <br />Instead, the letter suggests, the Mine is being held in temporary cessation not for future <br />operations, but rather to avoid reclamation. On top of this, the letter presents a mistaken <br />chronology of the Mine's operating status in order to suggest that the requested extension of <br />temporary cessation is not available. Energy Fuels wishes to refute INFORM's claims and <br />correct the record regarding the Mine's history of operations. <br />Resumption of Mining Operations <br />In its October 20 letter (at p. 2), INFORM suggests that Energy Fuels has not met the <br />requirement under Rule 1.13.1(3)(c) to show "a continued commitment to conduct mining <br />operations at the site by the end of the second five year period" of temporary cessation. The <br />reality, however, is that Energy Fuels has provided ample evidence of this commitment. <br />Energy Fuels' commitment to resume operations at the Mine is demonstrated by its <br />continued commitment to maintain all of its permits in good standing, meet or exceed all <br />