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RIDER TO MINING PERMIT Permit Date:.. December O1, 1987 Permit No: C-82-055 The following additional stipulations and conditions form an-integral part of the foregoing permit: STIPULATION N0. ~H PRIOR TO EXPANDING THE COAL PROCESSING WASTE PILE INTO THE UNDISTURBED AREA ABOVE AND EAST OF THE HELEN MINE PORTALS, ENERGY FUELS MINING COMPANY WILL DEMONSTRATE THAT THE NON-TOXIC VOLUME OF MATERIAL PROPOSED TO BE TAKEN FROM THIS AREA FOR USE IN RECLAIMING THE WASTE PILE IS ACTUALLY AVAILABLE. THE AREA WILL BE SAMPLED TO A DEPTH OF FIVE FEET AT LOCATIONS ACCEPTABLE TO THE DIVISION: THE SAMPLES WILL BE COMPOSITED IN REPRESENTATIVE FASHION AND THEN ANALYZED FOR PH, EC, SAR, TEXTURE, AND PERCENT ROCK FRAGMENTS. THE RESULTS OF THE ANALYSES WILL BE PROMPTLY FURNISHED TO THE DIVISION. SHOULD TNESE NOT DEMONSTRATE, IN THE DIVISION'S OPINION, AN ADEQUATE VOLUME OF NON-TOXIC MATERIAL TO BE AVAILABLE FROM THIS AREA FOR THE RECLAMATION PURPOSES PROPOSED, ENERGY FUELS MINING COMPANY MILL PROMPTLY COMMIT TO ADEQUATELY AMEND OR REPLACE, FROM OTHER ACCEPTABLE SOURCES, THE VOLUME OF MATERIAL REQUIRED BY THE DIVISION. STIPULATION N0. 17 ENERGY FUELS MINING COMPANY WILL COMPLETE A SITE SPECIFIC ANALYTICAL STABILITY ANALYSIS OF THE AMENDED CONFIGURATION PROPOSED FOR THE LOAL PROCESSING WASTE PILE AT THE ANIMAS UNDERGROUND COAL MINE. THIS ANALYSIS WILL BE SUBMITTED FOR REVIEW BY THE DIVISION NO LATER THAN 90 DAYS FOLLOWING RETURN OF THE ANIMAS MINE TO ACTIVE MINING STATUS. THE OPERATOR SHALL RESTRICT PLACEMENT OF COAL PROCESSING WASTE TO THE TWO LOWER-MOST 50 F00T THICK TERRACED BENCHES OF THE PROPOSED AMENDED WASTE PILE UNTIL THE DIVISION HAS APPROVED THE STABILITY ANALYSIS AND CORRESPONDING DESIGN. IN THE EVENT THAT THE STABILITY ANALYSIS DETERMINES THAT THE SLOPES OF THE PROPOSED AMENDED COAL PROCESSING WASTE PILE WILL NOT ATTAIN THE REQUIRED MINIMUM STATIC SLOPE SAFETY FACTOR OF 1.5, ENERGY FUELS MINING COMPANY SHALL REDESIGN AND RECONSTRUCT THE THEN EXISTING EMBANKMENT TO CONFORM WITH THE DESIGN SUBSEQUENTLY APPROVED BY THE DIVISION. IN SUCH EVENT, IF AN ACCEPTABLE REDESIGN HAS NOT BEEN APPROVED BY THE DIVISION WITHIN 90 DAYS FOLLOWING THE SUBMISSION OF THE ORIGINAL REQUIRED STABILITY ANALYSIS, ENERGY FUELS MINING COMPANY WOULD BE REQUIRED TO CEASE DEPOSITION OF COAL PROCESSING WASTE.