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Page 2 of 2 <br />August 9, 2012 <br />Energy Fuels provided a letter to the Division on June 13, 2012, stating that Energy Fuels <br />believes that the well is operating as designed. The Division disagrees with this conclusion. The <br />Division concurs that there is hydrologic connection of the well with the mine workings. <br />However, any water level measurement below 336.2 feet below ground surface is suspect due to <br />the presence of the tangle of cable. While it is possible that accurate readings can be taken, those <br />readings must be considered somewhat suspect in the presence of the tangle of cable. <br />Removal of the tangle of cable ensures that the well serves the purpose of measurement of the <br />flooding of the mine workings should it occur at some point in the future monitoring period. The <br />Division is therefore directing Energy Fuels to remove the obstruction(s) from MW -NW, or drill <br />a new water well to served as a replacement for MW -NW, within the next 45 days, or face <br />potential enforcerment action. Please notify the Division when Energy Fuels clears the <br />monitoring well of the obstruction(s). <br />Sincerely, <br />d 404--- <br />Janet H. Binns <br />Environmental Protection Specialist III <br />