HomeMy WebLinkAboutDERR-2024-007696Letter No. 0375 Response to Letter No. 0375
751: See the Response to Common Comment No. 10
For Kennecott to receive the maximum amount of reduction under the
Letter of Credit it requires that municipal quality water come from the
treatment of contaminated water and be delivered via a purveyor to benefit
the Affected Area. Both Kennecott and the District worked with the Utah
Division of Water Rights to reassign water rights both entities have owned
historically and used in the past for the development of either production
water or drinking water (respectively). Except for the District’s shallow
ground water development project, no new well applications were filed to
facilitate the proposed extraction activities. Only change applications (for
existing water rights) were necessary to provide the amount of water from
the two contaminated zones, necessary to meet the requirements of the
Consent Decree.
752: See the Response to Common Comment No. 10.
The Affected Area is defined in the Consent Decree. The Joint Proposal is
designed to provide treated water to the Affected Area. Kennecott has
expended over $300 million to begin cleaning up groundwater
contamination and to eliminate sources to groundwater contamination.
Kennecott with oversight from EPA and the State of Utah has done a
significant amount of work to address contamination from leaching and
mining operations.
753: See the Introduction and the Response to Common Comment No. 10.
753
751
752
Letter No. 0375 (cont.) Response to Letter No. 0375 (cont.)
754: See the Response to Common Comment No. 12.
755: See the Response to Common Comment No. 12.
756: See the Response to Common Comment No. 12.
754
755
756
Letter No. 0375 (cont.) Response to Letter No. 0375 (cont.)
757: A board of eight trustees appointed by the Governor to serve four
year terms governs and oversees the JVWCD.
756
757
Letter No. 0376 Response to Letter No. 0376
761: See the Response to Common Comment No. 6, No. 9, and No. 13.
761
Letter No. 0376 (cont.) Response to Letter No. 0376 (cont.)
762: See the Response to Common Comment No. 1.
763: See the Response to Common Comment No. 1, No. 4, No. 5, No. 6,
No. 7, and No. 9.
764: Many of the foregoing comments address the acid plume.
Management of the acid plume is part of the CERCLA remedial response
(See the Response to Common Comment No. 5). The Joint Proposal
integrates the CERCLA remedial response for the acid plume with the
actions required to satisfy the NRD Consent Decree. The Trustee’s review
of the Joint Proposal is to assure that it satisfies the requirements of the
Consent Decree. The RI, FS, Final Remedial Design and Record of
Decision contain much of the information sought by the comment.
762
761
761
763
764
Letter No. 0376 (cont.) Response to Letter No. 0376 (cont.)
764
Letter No. 0376 (cont.) Response to Letter No. 0376 (cont.)
764
Letter No. 0376 (cont.) Response to Letter No. 0376 (cont.)
765: See the Response to Common Comment No. 1 and No. 6.
766: See the Response to Common Comment No. 6 and No. 9.
It is recognized that future population growth and potential sewage effluent
reuse are dynamic issues that may cause changes in the Jordan River and
GSL in the future. For that reason, any UPDES permit has a term of only
five years, to provide for review of changing conditions and reevaluation
of the permit.
765
766
Letter No. 0376 (cont.) Response to Letter No. 0376 (cont.)
767: See the Response to Common Comment No. 1 and No. 6.
763
763
767
767
Letter No. 0376 (cont.) Response to Letter No. 0376 (cont.)
761
Letter No. 0377 Response to Letter No. 0377
771: See the Response to Common Comment No. 6, No. 9, and No. 13.
772: See the Response to Common Comment No. 9.
Also, please note that the Division of Water Quality and JVWCD did
initiate a program to measure selenium levels in the Jordan River Basin
duck clubs and waterfowl habitat areas of the Great Salt Lake South Arm.
This monitoring will continue as the duck clubs continue to work with
DWQ.
773: See the Response to Common Comment No. 6, No. 9, and No. 13.
The State Trustee for Natural Resource Damages and the Department of
Environmental Quality recognize the importance of the Great Salt Lake and
its associated wetlands. The importance of the Great Salt Lake not only to
the many migratory birds that frequent its shores, but to the recreational
users that visit the shores each year have weighed significantly into the
deliberations on this project proposal.
773
771
772
Letter No. 0377 (cont.) Response to Letter No. 0377 (cont.)
774: See the Response to Common Comment No. 6, No. 7, and No. 9.
774
773
772
Letter No. 0377 (cont.) Response to Letter No. 0377 (cont.)
773
772
Letter No. 0377 (cont.) Response to Letter No. 0377 (cont.)
774
773
Letter No. 0378 Response to Letter No. 0378
781: See Response to Common Comment No. 1.
Early on EPA and DEQ worked cooperatively with Kennecott to establish a
Technical Review Committee (TRC) for the remediation activities in Zone
A. We expanded the focus of the TRC group to review project information
developed for the Natural Resource Damage settlement. The TRC started
to meet during the early 90s to assess the extent of contamination and
started to study how best to contain and reduce the contaminant plumes,
provide drinking water back to the public in the affected area, and to
contend with project impacts.
The TRC was and is comprised of federal, state and local regulators and
government representatives, environmental interest groups, academia, and
other specialists. The Salt Lake County government was invited to attend
these meetings early on, and continues to be represented by the Salt Lake
Valley Health Department. The Salt Lake Valley Health Department has
been and continues to be a contributing member of the TRC, reviewing
project documentation and proposals and providing input where concerns
arise. Along with the Health Department, the communities of West Jordan,
South Jordan, Riverton, and Herriman have had members of their city
councils or city staff attend the TRC meetings in the past.
782: See Response to Common Comment No. 1, No. 6, and No. 9.
781
781
781
782
Letter No. 0378 (cont.) Response to Letter No. 0378 (cont.)
783: See Response to Common Comment No.1.
783
783
781
782
Letter No. 0379 Response to Letter No. 0379
791: See Response to Common Comment No. 3.
792: See Response to Common Comment No. 1 and No. 6.
791
792
Letter No. 0379 (cont.) Response to Letter No. 0379 (cont.)
793: See Response to Common Comment No. 1, No. 6 and No. 9.
794: See Response to Common Comment No. 9.
793
794
792
792
Letter No. 0379 (cont.) Response to Letter No. 0379 (cont.)
795: See Response to Common Comment No. 5.
In terms of the proposed disposal alternative for the Zone A waste streams
(RO concentrate and acid core water), the Technical Review Committee
(TRC) determined that the acid core water could be neutralized by the
current mill tailings material and both waste streams could be disposed of in
the North Expansion Impoundment (current proposed plan). The TRC also
made a determination on how to handle the disposal of the two waste
streams in the future when the mine is not in operations.
The TRC recognized that setting a definitive plan for the future disposal of
treatment concentrates was not advisable because disposal technologies and
regulatory standards could change over time. However, the development of
a worstcase contingency plan was determined to be worthwhile. As part of
the remedial design activities under the CERCLA program, Kennecott was
directed to develop a preliminary and conceptual postclosure water
management plan to memorialize how postclosure water could be disposed
of properly. The alternative that was reviewed and investigated through
pilot studies and ultimately selected as the chosen alternative for the
contingency plan was a lime treatment facility. This facility would produce
two waste products, (1) a water stream that could potentially be discharged
under the State of Utah’s UPDES permit program (based upon current
information), and (2) a solid sludge material which would require disposal
in an appropriate containment facility.
The TRC, EPA and DEQ determined that Kennecott would have to initiate
this plan if mine closure occurred rapidly and the use of the tailings circuit
or direct discharge to the Great Salt Lake were not feasible. EPA and DEQ
also determined that Kennecott could continue to investigate and revise
their contingency plan during the life of the project and provide updates to
EPA and DEQ during future fiveyear review investigations, which are
required for CERCLA cleanup projects where contaminated media remains
to be addressed.
The feasibility of lime treatment is reported in the document entitled,
Preliminary Conceptual PostClosure Water Management Plan for
Kennecott Utah Copper Corporation, dated December 19, 2002. This plan
794
795
792
Letter No. 0379 (cont.) Response to Letter No. 0379 (cont.)
795 (cont.):is attached as Appendix A of the document entitled Kennecott
Utah Copper Corporation Final Design For Remedial Action at South
Facilities Groundwater, dated December 2002. Both documents are
available on the project website,
http://www.deq.utah.gov/issues/nrd/index.htm.
The TRC, EPA and DEQ will continue to review alternative disposal
suggestions when presented by Kennecott and will revise (if needed) the
disposal plan when the time is appropriate. 792
Letter No. 0380 Response to Letter No. 0380
801: See Response to Common Comment No. 6 and No. 9.
801
Letter No. 0381 Response to Letter No. 0381
811: See Response to Common Comment No. 1.
812: See Response to Common Comment No. 1, No. 6 and No. 7.
813:The treated water quality included in the Joint Proposal is important
to JVWCD. JVWCD provides wholesale water service, in most cases as
supplemental watertowater sources available to its member agencies.
Many of those member agencies operate wells of marginal quality. The
JVWCD member agencies rely upon a high quality water supply to blend
with their marginal supplies for regulatory and aesthetic purposes.
811
813
812
Letter No. 0381 (cont.) Response to Letter No. 0381 (cont.)
814: See Response to Common Comment No. 9 and No. 13.
815: See Response to Common Comment No. 1 and No. 6.
815
814
813
Letter No. 0382 Response to Letter No. 0382
821: See Response to Common Comment No. 1, No. 6 and No. 9.
822: See Response to Common Comment No. 9.
821
821
822
Letter No. 0382 (cont.) Response to Letter No. 0382 (cont.)
823: See Response to Common Comment No. 9.
824: See Response to Common Comment No.9.
825: See Response to Common Comment No. 12.
826: See Response to Common Comment No. 9.
821
821
823
826
825
824
Letter No. 0382 (cont.) Response to Letter No. 0382 (cont.)
827: See Response to Common Comment No. 6, No. 7 and No. 9.
828: See Response to Common Comment No. 1 and No. 6.
827
828
828
825
Letter No. 0382 (cont.) Response to Letter No. 0382 (cont.)
829:Comment is noted and the materials have been provided to DWQ.
828
829
Letter No. 0382 (cont.) Response to Letter No. 0382 (cont.)
Letter No. 0382 (cont.) Response to Letter No. 0382 (cont.)
Letter No. 0382 (cont.) Response to Letter No. 0382 (cont.)
Letter No. 0382 (cont.) Response to Letter No. 0382 (cont.)
Letter No. 0382 (cont.) Response to Letter No. 0382 (cont.)
Letter No. 0382 (cont.) Response to Letter No. 0382 (cont.)
Letter No. 0382 (cont.) Response to Letter No. 0382 (cont.)
Letter No. 0382 (cont.) Response to Letter No. 0382 (cont.)
Letter No. 0382 (cont.) Response to Letter No. 0382 (cont.)
Letter No. 0382 (cont.) Response to Letter No. 0382 (cont.)
Letter No. 0382 (cont.) Response to Letter No. 0382 (cont.)
Letter No. 0383 Response to Letter No. 0383
831: See Response to Common Comment No. 6.
832: See Response to Common Comment No. 9.
831
832
Letter No. 0383 (cont.) Response to Letter No. 0383 (cont.)
833: See Response to Common Comment No. 9.
Also, please note that the Division of Water Quality and JVWCD have
initiated a program for measuring selenium levels in the Jordan River Basin
duck clubs and waterfowl habitat areas of the Great Salt Lake South Arm.
834: See Response to Common Comment No. 6 and No. 7.
833
834
Letter No. 0384 Response to Letter No. 0384
841: See Response to Common Comment No. 6 and No. 9.
841
Letter No. 0384 (cont.) Response to Letter No. 0384 (cont.)
842: See Response to Common Comment No. 5.
The decision to neutralize acidic groundwater in the tailings line is based on
years of studies documented in Appendix A of the South Facilities
Remedial Design. Kennecott also has tested this technology for a short
period of time at full scale to demonstrate the scientific, technical and
economic viability of this process. Fundamentally, acidic water must be
neutralized before it can be reused or discharged. Employing nanofiltration
does not solve this problem.
843: See Response to Common Comment No. 7.
Additionally, prior to State Engineer approval in the mid1990’s for the
construction of the North Tailings Impoundment, numerous studies were
conducted addressing site, geotechnical, engineering and environmental
considerations. These studies included assessing the impacts of flooding
and wave runup on the North Tailings Impoundment such that the design
of the embankment incorporates these concerns.
844: See Response to Common Comment No. 6, No. 7 and No. 9.
844
842
843
Letter No. 0384 (cont.) Response to Letter No. 0384 (cont.)
845: See Response to Common Comment No. 7 and No. 9.
841
844
845
Letter No. 0384 (cont.) Response to Letter No. 0384 (cont.)
846: See Response to Common Comment No. 12.
847: See Response to Common Comment No. 1.
847
846
845
Letter No. 0385 Response to Letter No. 0385
851: See Response to Common Comment No. 6 and No. 9.
852: See Response to Common Comment No. 1 and No. 6.
The claim made in the first two sentences of this comment involves a
summary conclusion with which JVWCD does not agree and of which the
Trustee has no knowledge. Although there is substantial evidence that the
shallow aquifer is an accretionary source of selenium and other dissolved
constituents entering the Jordan River, this issue is not of current concern in
light of JVWCD’s action in withdrawing its UPDES permit for discharge to
the Jordan River.
851
852
Letter No. 0385 (cont.) Response to Letter No. 0385 (cont.)
853: See Response to Common Comment No. 6 and No. 7.
854: See Response to Common Comment No. 6 and No. 9.
855: See Response to Common Comment No. 9.
Also, please note that the Division of Water Quality and JVWCD have
initiated a program for measuring selenium levels in the Jordan River Basin
duck clubs and waterfowl habitat areas of the Great Salt Lake South Arm.
856: See Response to Common Comment No. 1.
856
851
854
855
853
852
Letter No. 0386 Response to Letter No. 0386
861: Kennecott uses adaptive management techniques to increase salts in
their Inland Sea Shorebird Reserve (ISSR) ponds to control phragmites.
The ISSR management objectives are to increase shorebird habitat (shallow
salty ponds and mudflats.) It is understood that the duck clubs management
objectives and administration are different from that of the ISSR.
862: See Response to Common Comment No. 6 and No. 9.
861
862
Letter No. 0386 (cont.) Response to Letter No. 0386 (cont.)
863: See responses provided to Comment Letter No. 0318
863
Letter No. 0387 Response to Letter No. 0387
871: See Response to Common Comment No. 3.
872: See Response to Common Comment No. 1, No. 6 and No. 9.
873: See Response to Common Comment No. 9.
871
872
872
873
873