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5 I. Procedures for Seeking Release of Performance Bond (Rule 3.03.2) The Division finds that, based on the review process history, the requirements for seeking release of performance bonds as set forth in Rule 3.03.2 have been met. Copies of written notices as required by Rule 3.03.2(1)(a) have been submitted to the Division. Proof of publication in accordance with Rule 3.03.2(10)(b) has also been submitted. The current landowners, Mr. Albert Iuppa and Mr. Jim Iuppa, were notified of the bond release inspection. A site inspection was held in accordance with Rule 3.03.2(2). No comments or objections were received within thirty days of the last publication or within thirty days of the completed inspection, as allowed by Rule 3.03.2(4). II. Criteria and Schedule for Release of Performance Bonds. The Raton Creek Mine occupies the same location and utilized some of the portals used by the Animas and Helen Mines. This valley has historically been mined since the late 1800's. The Raton Creek Mine had previously been permitted as the Animas/Helen Mines by the previous operator. The "Animas" portals correspond with the No.l portals located at the southeastern portion of the disturbed area. The "Helen" portals correspond with the No. 2 portal area located at the northern portion of the disturbance area. The permit was originally approved to allow a coal waste bank to remain after mining. This waste bank was originally projected to have a volume of approximately 1,300,000 cubic yards of coal refuse material. The plan projected that the waste bank would cover the highwall associated with the No. 2 Portals (Helen Mine). This highwall extended approximately 1300 feet through the north portion of the mine disturbance area. Due to the early closure of the mine, approximately only 294,000 cubic yards of refuse material was actually placed in the waste bank. Energy Fuels Mining Company subsequently revised their plans to utilize approximately 116,300 cubic yards of refuse material to backfill all remaining highwalls at the north portion of the mine area. Energy Fuels redesigned the waste bank to have 3h:ly slopes, lift thickness of 24 inches or less, and a compaction standard of 90% dry density, where 96.4 pounds per cubic foot equaled the maximum dry density value for the refuse material. This design provided for a stability safety factor of 2.5, a 66.7% higher degree of safety than the state regulatory requirement of 1.5 (Rule 4.10.4(2)). These designs were approved by the Division on July 8, 1994, in accordance with Rule 4.10.4(3). The highwalls in the vicinity of the No. 2 Portals were backfilled in accordance with Section 2.05.4(2)(c) of the approved permit and Rule 4.10.4(3).