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STATE OF COLORADO <br />DIVISION OF RECLAMATION, MINING AND SAFETY <br />Department of Natural Resources <br />1313 Sherman St., Room 215 <br />Denver, Colorado 80203 <br />Phone: (303) 866-3567 <br />FAX: (303) 832-8106 <br />G~~, <br />~E~~`~E® <br />COLORADO <br />DIVISION O F <br />RECLAMATION <br />MINING <br />- &- <br />SAF ETY <br />Bill Ritter, Jr. <br />February 21, 2008 FEB 2 5 X008 Governor <br />N~Si~n of Reclamation, ExecutDe Drector <br />Frank Filas ~ ~ Infng and Safety <br />M Ronald W. Cattany <br />Energy Fuels Resources Corporation Division Director <br />44 Union Boulevard, Suite 600 Natural Resource Trustee <br />Lakewood, Colorado 80228 <br />~ ~ ~ <br />Re: Whirlwind Mine, File No. M-2007-044, Approval of 112d Hard Rock Reclamation Permit. <br />Dear Mr. Filas: <br />On July 23, 2007, the Division of Reclamation, Mining and Safety (DBMS) received Energy Fuel's 112 <br />Designated Mining Operation Hard Rock Reclamation Permit Application package for the Whirlwind Mine, <br />File No. M-2007-044. On February 13, 2008 DBMS issued a Letter of Rationale for the approval of the <br />application over an objection. At the Pre-hearing Conference held February 20, 2008 the objecting party noted <br />that DBMS and Energy Fuels had answered their concerns adequately and withdrew as a party to the <br />application. <br />A formal public hearing before the Mined Land Reclamation Board (MLRB) was scheduled per Rule 1.4.9(2) <br />(a) for March 12, 2008. With the withdrawal of the objection, no formal hearing is required and the matter has <br />been withdrawn from the March MLRB agenda. Therefore, per Rule 1.4.8(1) DBMS staff is pleased to inform <br />EnerJ?,y Fuels Corporation that the 112d application for the Whirlwind Mine is approved. <br />The accepted reclamation liability estimate is $375,078.00. Energy Fuels must post a financial warranty in that <br />amount for the permit to become activated. Per Rule 4.1(2) Energy Fuels has one (1) year from the date of this <br />letter to post the required financial warranty. Please ensure that the bonding documents are for BLM lands <br />which are noted at the top of the forms. Any questions regarding these forms should be directed to Elizabeth <br />Taliaferro in our Denver office, her number is 303-866-4084. <br />DBMS notes that the BLM process is still moving forward. Once the BLM process is complete staff will <br />review their approved Plan of Operation with Energy Fuels to ensure that there are no conflicting issues. If any <br />issues are identified, DBMS will work with both Energy Fuels and BLM to alleviate them were possible. <br />Office of Office of <br />Mined Land Reclamation Denver Grand Junction Durango Active and Inactive Mines <br />