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hearing to April 17, 2013, on a joint request for a continuance from the Division, the <br />Operator, and INFORM. <br />12. Mineral reserves remain in the Whirlwind Mine operation. The <br />Operator temporarily ceased mining operations due to low uranium prices; the <br />Operator intends to resume the mining operation at such time that uranium <br />prices improve. <br />13. The Operator's Notice of TC properly and timely requested that the <br />Division reclassify the Whirlwind Mine from intermittent status to temporary <br />cessation status. <br />14. The Operator has conducted activities that constitute "mining <br />operations" at the Whirlwind Mine since December 2009. <br />15. The Division, the Operator, and INFORM prepared a Proposed <br />Stipulated Prehearing Order that was submitted to the Board at the April 17, 2013 <br />hearing. The Board accepted the Proposed Stipulated Prehearing Order as <br />submitted by the parties. <br />CONCLUSIONS OF LAW <br />16. The Board has jurisdiction over the Operator and this matter pursuant <br />to the Mined Land Reclamation Act, Article 32 of Title 34, C.R.S. (`Act "). <br />17. INFORM bears the burden of proof pursuant to Rule 2.8.1(1). <br />18. If an operator plans to, or does, temporarily cease production of the <br />mining operation for one hundred days or more, the operator must file with the <br />Division a Notice of Temporary Cessation in writing. C.R.S. § 34- 32- 103(6)(a)(II); <br />Rule 1.13.5(1) and (2). The Operator's Notice of TC complied with Rule 1.13.5. <br />19. Pursuant to Rule 1.13.6(1), upon receipt of the submission per Rule <br />1.13.5, the Division must place a Notice of Temporary Cessation on the agenda of <br />the next regular Board meeting and give notice by mail to the operator, the county, <br />and any municipalities within two (2) miles of the operation. The Division properly <br />placed the Notice of TC on the Board's next regular meeting agenda and provided <br />notice as required by Rule 1.13.6. <br />20. Under Rule 1.13.6(2), the Board, at its meeting and in consultation <br />with an operator and any other person who demonstrates that such person is <br />directly and adversely affected or aggrieved and whose interest is entitled to legal <br />protection under the Act, may take action the Board deems necessary and <br />authorized by law, including but not limited to: accept the Notice of Temporary <br />Cessation as submitted; accept the Notice of Temporary Cessation with <br />Energy Fuels Resources Corporation <br />Whirlwind Mine, M- 2007 -044 3 <br />