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Y <br />modifications and other necessary activities as ordered by the Board; determine <br />that the mining operation is not in a state of temporary cessation; continue the <br />matter for another month or more to allow the Operator to revise the Notice of <br />Temporary Cessation and/or to allow the Division to conduct a site inspection or <br />otherwise review the matter as necessary. <br />21. Under section 34- 32- 103(8), C.R.S., "mining operation" means the <br />development or extraction of a mineral from its natural occurrences on affected <br />land, including but not limited to, open mining, in situ mining, in situ leach mining, <br />surface operations, disposal of refuse from underground mining, in situ mining, and <br />in situ leach mining. "Mining operation" includes operations on affected lands, such <br />as transportation; concentrating; milling; evaporation; and other processing. The <br />Operator's on -site activities at the Whirlwind Mine after December 2009 constitute <br />mining operations. The Operator engaged in mining operations at the Whirlwind <br />Mine after dewatering ceased in 2009. <br />IG11 ALI <br />The Board ACCEPTS the Operator's Notice of Temporary Cessation, TC -01, <br />for the Whirlwind Mine, permit number M- 2007 -044 as submitted. Further, the <br />Board finds that the effective date that Whirlwind Mine entered Temporary <br />Cessation is September 19, 2012. <br />DONE AND ORDERED this. day of May 2013. <br />FOR THE COLORADO MINED LAND <br />RECLAMATION BOARD <br />Thomas E. Brubaker, Chair <br />NOTICE OF APPEAL RIGHTS <br />This order becomes effective and final upon mailing. Any party adversely affected <br />or aggrieved by agency action may commence an action for judicial review by filing <br />a notice of appeal with the district court within thirty (30) days after the effective <br />date of this order, pursuant to section 24 -4 -106, C.R.S. (2012). In the event that an <br />appeal is filed, designations of record made in accordance with section 24- 4- 106(6), <br />C.R.S. should be served on the Board at: 1313 Sherman Street, Room 215, Denver, <br />CO 80203, Attention: Sitira Pope. <br />Energy Fuels Resources Corporation <br />Whirlwind Mine, M- 2007 -044 4 <br />