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5. In December of 2009, the Operator ceased dewatering the mine shaft <br />at the Whirlwind Mine. The Division recognized this change in its June 14, 2010 <br />Inspection Report. <br />6. From December of 2009 to September 19, 2012,the Operator performed <br />the following mining operations at the Whirlwind Mine site: (a) surveying for weed <br />invasions; (b) pond sediment pond subsidence surveys; (c) ground and surface water <br />monitoring and reporting; (d) well sampling and reporting; (e) storm water and other <br />environmental inspections; (f) applying for and receiving approval from the U.S. <br />Environmental Protection Agency ( "EPA ") to construct radon monitoring equipment; <br />(g) construction of a temporary ore pad; (h) improvements to the sedimentation <br />ponds; (i) installation of additional storm water controls; and 6) upgrading a berm. <br />In addition, the Operator repaired and replaced ground support in the decline and <br />installed a weather station. <br />7. In 2011 and in response to citizen concerns that some intermittent <br />status mines were improperly classified, the Division undertook a programmatic <br />review of all intermittent status hard -rock mines. The programmatic review <br />confirmed that some intermittent status mines may be improperly classified. The <br />Division sent a form letter to all operators of intermittent status mines in January <br />of 2012 requiring each operator to either (a) demonstrate each mine's compliance <br />with the requirements of intermittent status; or (b) request reclassification of the <br />mine's status. The Division sent its form letter dated January 24, 2012, to the <br />Operator regarding the Whirlwind Mine. <br />8. As required by the Rules governing intermittent status and in <br />compliance with the Division's January 24, 2012 letter, the Operator's September <br />10, 2012 Annual Report confirmed its intent to conduct mining operations in the <br />upcoming year. The planned activities included groundwater monitoring and <br />reporting, safety inspections, and pumping down mine water, if necessary. <br />9. The Division received from the Operator a Notice of Temporary <br />Cessation dated January 7, 2013 for the Whirlwind Mine ( "Notice of TC "). In <br />accordance with Rule 1.13.6, the Division notified Mesa County of the Notice of TC <br />and placed the Notice of TC on the Board's February meeting agenda, which <br />provided public notice that the public comment period for the Notice of TC closed <br />on February 12, 2013. <br />10. On February 12, 2013, the Division received a letter from INFORM <br />objecting to the Notice of TC ( "Objection Letter "). <br />11. Upon receipt of the Objection Letter, a Board hearing on the Notice of <br />TC was scheduled for the Board's March 2013 meeting. The Board continued the <br />Energy Fuels Resources Corporation <br />Whirlwind Mine, M- 2007 -044 2 <br />