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TERMS AND CONDITIONS <br />OF APPROVAL FOR THE WHIRLWIND MINE <br />I. General Approval <br />A. This Approval applies to the Whirlwind Mine underground uranium mine located at: <br />30100 5/10 R.oad, <br />Gateway, Colorado 81522 <br />Specifically, the uranium mine Colorado claims lie in: <br />Section 31, T51N, R19W; Section 6, T5ON, R19W; <br />Sections 25, :26, 35, and 36 of T51N, R2OW; and <br />Sections 1, 2, 11 and 12 of T5ON, R2OW, New Mexico Principal <br />Meridian <br />B. Energy Fuels Resources Corp. (Energy Fuels), as owner and/or operator of the mine, is <br />approved to construct the Whirlwind Mine for the radon emission sources located only <br />within the State of Colorado. <br />C. This Approval for Construction requires that the Whirlwind Mine meet the standard at 40 <br />CFR §61.22, as follows: Emissions of ration -222 to the ambient air from an underground <br />uranium mine shall not exceed those amounts that would cause any member of the public to <br />receive in any year an effective dose equivalent of 10 mrem/year. <br />D. This Approval for Construction requires that Whirlwind Mine comply with all requirements <br />in 40 CFR Part 61 Subpart B <br />II. Approval Limitations <br />A. This Approval to Construct will remain in effect as long as the Whirlwind Mine is operated <br />as an active underground uranium mine by Energy Fuels. In the event that ownership of <br />Whirlwind Mine is transferred from Energy Fuels to a new company, this Approval to <br />Construct will be transferred to the new owner only if operation continues as approved by <br />EPA. Any changes made at Whirlwind Mine by the new owner that constitutes a <br />modification or construction require the submittal of a Modification/Construction Approval <br />request to the EPA Administrator and prior approval by EPA, as required by 40 CFR <br />§61.07. <br />B. The total radon discharge from the Whirlwind Mine is limited to 10 mrem/year effective <br />dose equivalent to any member of the public. The 10 mrem/year limit corresponds to a total <br />