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THE RESULTS OF THE ANALYSES WILL BE PROMPTLY FURNISHED TO THE DIVISION. SHOULD THESE 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 WILL PROMPTLY COMMIT TO ADEQUATELY AMEND OR REPLACE, FROM OTHER ACCEPTABLE SOURCES, THE _,. VOLUME OF MATERIAL REQUIRED BY THE DIVISION. With the acceptance of the above stipulation, the present and proposed operations are in compliance with the requirements of this section. XVIII. Coal Processing Waste and Non-Coal Processing Waste - Rules 2,05.3 8 ?.05.4 2 f 4.10 and 4,11 Four stipulations were made in this section of the original Findings in order for the proposed coal processing waste disposal pile to meet requirements. These stipulations were ultimately satisfied. A permit revision, however, was approved during the first permit term to expand the waste pile. This revision was accompanied by three stipulations that were never met before the mine ceased active operation. The application for permit renewal includes plans for the ultimate expansion of the waste disposal pile. Updated cost estimates for the reclamation of this facility satisfy one of the stipulations that accompanied approval of this expansion. The other two stipulations, however, remain unsatisfied and so are included in this document. Stipulation 2 ENERGY FUELS MINING COMPANY WILL COMPLETE A SITE SPECIFIC ANALYTICAL STABILITY ANALYSIS OF THE AMENDED CONFIGURATION PROPOSED FOR THE COAL 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 THE RETURN OF THE ANIMAS MINE TO ACTIVE MINING STATUS. THE OPERATOR SHALL RESTRICT PLACEMENT OF COAL PROCESSING WASTE TO THE TWO LOWER-MOST 50 FOOT 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 THEDIYISION 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. Stipulation 3 ENERGY FUELS MINING COMPANY WILL COMPLETE A SURVEY DESCRIBING THE POTENTIAL EFFECT ON THE STRUCTURE (AMENDED COAL PROCESSING WASTE PILE) FROM SUBSIDENCE OF THE SUBSURFACE STRATA RESULTING FROM PAST UNDERGROUND MINING ACTIVITIES AS REQUIRED BY RULE 2.05.3(B)(a)(i)(D). ENERGY FUELS MINING COMPANY SHALL SUBMIT THAT SURVEY, FOR REVIEW BY THE DIVISION, NO -20-