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BEFORE THE MINED LAND RECLAMATION BOARD <br />STATE OF COLORADO <br />FINDINGS OF FACT, CONCLUSIONS OF LAW, AND ORDER <br />IN THE MATTER OF ENERGY FUELS RESOURCES CORPORATION'S NOTICE <br />OF TEMPORARY CESSATION, Permit No. M- 2007 -044 <br />THIS MATTER came before the Mined Land Reclamation Board ( "Board ") on <br />April 17, 2013 for a hearing to consider the notice of temporary cessation of Energy <br />Fuels Resources Corporation ( "Operator ") for Whirlwind Mine, permit number M- <br />2007 -044. Curtis Moore, Esq. and Dick White appeared on behalf of the Operator. <br />Jeff Parsons, Esq. and Jennifer Thurston appeared on behalf of objector Information <br />Network for Responsible Mining ( "INFORM "). Assistant Attorney General Julie M. <br />Murphy and G. Russell Means appeared on behalf of the Division of Reclamation, <br />Mining and Safety ( "Division "). <br />The Board, having considered written submittals, the parties' presentations <br />and testimony, and being otherwise fully informed of the facts in the matter, enters <br />the following: <br />FINDINGS OF FACT <br />1. The Operator has a 112(d) reclamation permit for a 9.74 -acre uranium <br />and vanadium mining operation. The site, known as the Whirlwind Mine (permit <br />number M- 2007 -044), is located in Section 28, Township 51 North, Range 20 West, <br />10th Principal Meridian, in Mesa County, Colorado. <br />2. On September 10, 2008, the Board approved the Operator's application <br />for a 112d permit for the Whirlwind Mine. The Division issued Permit No. M -2007- <br />044 ( "Permit ") to the Operator for the Whirlwind Mine that same day. <br />3. On May 12, 2009, the Division received a complete application for <br />Technical Revision No. 01 ( "TR -01 ") fiom the Operator pursuant to the Mineral Rules <br />and Regulations of the Colorado Mined Land Reclamation Board for Hard Rock, <br />Metal, and Designated Mining Operations ( "Rules "), Rules 1.9 and 1.13.7. In TR -01, <br />the Operator requested reclassification of the Whirlwind Mine from active status to <br />intermittent status. <br />4. On June 5, 2009, the Division issued its approval of TR -01 placing the <br />Whirlwind Mine in Intermittent Status. The Division did not receive any petitions <br />for a Board hearing, pursuant to Rule 1.4.11, on the Division's approval of TR -01 on <br />or before the July G, 2009 deadline for an adversely affected person to seek Board <br />review of the approval. <br />