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KeFiNEROYFUELS <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 />Under the 2013 Order (first at p. 3, para. 13, then at p. 4, para. 21), the Board made a <br />specific finding that the company's "on-site activities at the Whirlwind Mine after December <br />2009 constitute mining operations. The Operator engaged in mining operations at the Whirlwind <br />Mine after dewatering ceased in 2009." The date on which mining operations ended, September <br />19, 2012, is the effective date of the Mine's entry into its first period of temporary cessation. <br />As the 2013 Order correctly noted (p. 3, para. 17), the burden of proof was on INFORM <br />pursuant to Hard Rock Rule 2.8.1(1) to demonstrate why Energy Fuels' 2013 Notice of <br />Temporary Cessation should not be granted. Given the Board's approval of the 2013 Notice of <br />Temporary Cessation, it is evident that INFORM failed to meet this burden. The timeline and <br />alleged facts to which INFORM now objects remain unchanged and were fully adjudicated by <br />the Board in 2013. As such, there is no outstanding issue of material fact lending support to <br />INFORM's opposition to Energy Fuels' Notice today. <br />Energy Fuels is confident that the facts and circumstances supporting a second period of <br />temporary cessation beginning September 12, 2017, are fully understood by the Division and <br />will be equally understood by the Board. In light of the serious nature of this matter, however, <br />we felt it necessary to expressly rebut for the record the inaccurate information and arguments <br />set forth in INFORM's October 20 letter. We look forward to addressing any additional <br />questions or comments the Division or the Board may have at the Board's meeting on October <br />25, 2017. <br />David C. Frydenlund <br />Senior VP, General Counsel & <br />Corporate Secretary <br />Energy Fuels Resources (USA) Inc. <br />cc: Mr. Scott A. Bakken (Energy Fuels) <br />John D. Fognani, Esq. (Haynes and Boone, LLP) <br />Michael T. Hegarty, Esq. (Haynes and Boone, LLP) <br />Julia C. Yeckes, Esq. (Energy Fuels Resources (USA) Inc.) <br />