DRC-2009-006171 - 0901a0688014b6b9

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October 8, 2009
Dane Finerfrock
Executive Secretary
litah Division of Radiation Coiitrx>l
P.O, Box 144850
Salt Lake City, UT 84114-4850
Dear Executive Secretary Fincrfrack;
The Ute Mountain Ute Tribe of Colorado, New Mexico and Utah, through its Environmental
Programs DqMirtment, hereby submits the following comments for the record regarding
proposed revisions to Groundwater Pemiit Number UGW370004:
The Tribe commends the Division of Radiation Control (DRC) for the work it haa done in
increasing the regulatory oversight of the White Mesa Uranium Mill since its authority was
granted in 2004. The technical understanding of environmental ramifications to White Mesa is
of concem to the Tribe and its White Mesa Community, and we sincerely appreciate that there is
a higher level of scrutiny being researched and documented to ensure the protection of public
health and enviroranent there. We do have three items wc would like to be assured of in this
revised permit's implementation and subsequent permits thereafter.
We implore the Division of Radiation Control to require full implementation ofSection 1.H.4,
the isolopic signatiires and groundwater age study, similar to the University of Utah Study for the
wells that were hot included in that study. Denison Mines USA Corp. (DUSA) benefitted greatly
from the DRC's commissioning of that original study, and it has also benefitted the Tribe and
our technical understanding of groundwater on White Mesa. We hope that the DRC will require
compliance with the assigned schedule for that study, as well, without any "schedule resets" or
permit revisions to accomplish it, as is the case with the slime drains DMT monitoring.
The Tribe fiirther requests that the pemait state explicitly that the groundwater mounding from
the wildlife ponds at the facility be defmed as, '*mill operations." The DRC clearly understands
the implications ofthis being an area of uncertainty, and wc appreciate the position that has been
taken in the Statement of Basis regarding the downgradient wells and mixing of groundwaters,
regardless of tailings discharges. Still, it must be clearly defined in the petmit, that the influence
from man-made ponds on the facility on any groundwater constituent or phune
of constituents is the result of mill operations and should not be considered "natural," a temi
used by DUSA in its response to the original draft permit revision regarding statistically
significant increasing trends (Statement of Basis, page 8). In the long run, this concrete
definition will help ail of the parties involved.
Finally, in the draft revised pemiit, Section H.2.45 (strikethrough version had a strikethrough
number for this section), a plan for the evaluation of deep supply well W^-2, does not seem to
have an implementation schedule. As this well creates a direct conduit to the Tribe's drinking
water source in the White Mesa Ute Commimity, as well as the communities of Blu^ Blanding,
and Montezuma Creek, we request that ari implementation schedule be included with periodic
monitoring ofthe annular casing. Similarly, in Section H.2, the Infiltration and Contaminant
Transport Modeling Work Pian and Report lacks a compliance schedule, and we request that one
be required ofthe pemfiittee.
Thank you for your consideration of these important issues.
Sincerely,
Scott Clow
Envirorunental Programs Director
Ute Mountain Ute Tribe