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901 <br />ENERGYFUELS <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 />that it should consider its options based on a number of factors including the Mine's <br />planned downtime. Along with temporary cessation, options include intermittent status. <br />Action must be taken, however, before the Mine reaches 180 days of non -operation. <br />• May 12, 2009: Before suspension of operations at the Mine reaches 180 days in duration, <br />Energy Fuels requests intermittent status in lieu of temporary cessation pursuant to Hard <br />Rock Rule 1.13.7. <br />• June 5, 2009: The Division approves TR -01, placing the Mine into intermittent status. <br />• December 2009 to September 19, 2012: Energy Fuels performs intermittent "mining <br />operations," which the Board recognized and described in its 2013 Findings of Fact, <br />Conclusions of Law, and Order approving Energy Fuels' initial period of temporary <br />cessation (at p. 2, para. 6) (the "2013 Order"). <br />• January 24, 2012: The Division sends a form letter to Energy Fuels (as it did for all <br />operators of intermittent status mines) requiring the company to either (a) demonstrate <br />the Mine's compliance with the requirements of intermittent status; or (b) request <br />reclassification of the Mine's status. <br />• September 10, 2012: As required by the rules governing intermittent status and in <br />compliance with the Division's January 24, 2012 letter, Energy Fuels' Annual Report <br />confirmed its intent to conduct mining operations in the upcoming year. The planned <br />activities included groundwater monitoring and reporting, safety inspections, and <br />pumping down mine water, if necessary. <br />• January 7, 2013: Based on changed circumstances during the fall of 2012, Energy Fuels <br />submits a notice of temporary cessation ("Notice for TC#1) for the Mine. <br />• February 12, 2013: The Division receives a letter from INFORM objecting to the Notice <br />for TC#1. <br />• April 17, 2013: The Board holds a hearing to consider Energy Fuels' Notice for TC#1. <br />• May 7, 2013: The Board issues the 2013 Order approving Energy Fuels' Notice for <br />TC#1. <br />The Board itself recognized this chronology of events in its 2013 Order. The chronology <br />directly controverts the assertion of INFORM's October 20 letter (at p. 2) that, "the Whirlwind <br />Mine has been in temporary cessation since Nov. 24, 2008," and, therefore, "the ten-year <br />statutory limit [for temporary cessation] should have begun on May 19, 2009." <br />