DRC-2009-006882 - 0901a06880153368

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December 14, 2009
VIA PDF AND FEDERAL EXPRESS
Mr. Dane L. Finerfrock
Co-Executive Secretary
Utah Water Quality Board
State of Utah Department of Environmental Ouality
168 North 1950 West
P.O. Box 144850
Salt Lake City, UT 84114-4850
DenJson Nttncs (USA) Corp.
1050 17lh Street, Suite 950
Denver, CO 80265
USA
Tel : [phone]
Fax:[phone]
www.denltonmines.com
Dear Mr. Finerfrock;
Re: DUSA 3'" Quarter, 2008. 4*^ Quarter, 2008 and 1** Quarter 2009, Chloroform Monitoring
Reports: Notice of Violation and Compliance Order, Docket No. UGW09-04
This letter is In response to the foregoing Notice of Violation (the "Notice") dated November 10, 2009,
which Denison Mines (USA) Corp. ("DUSA") received on November 12, 2009. Since the 30th day atter
November 12, 2009 falls on a Saturday, this response is being submitted on Monday December 14, 2009,
which is the next business day.
The Notice lists twelve violations (the "Violations") of the on-going groundwater quality sampling, analysis
and reporting required under Notice of Violation and Groundwater Corrective Action Order of the Utah
Department of Environmental Quality, Docket No. UGQ-20-2013 (the "GCAO"), based on a review of the
White Mesa Mill's (the "Mill's") Chloroform Monitoring Reports for the 3"^ and 4*^ Quarters of 2008, and the
1"'Quarter of 2009.
Pursuant to the GCAO, DUSA committed to perform groundwater sampling, analysis and reporting In
accordance with Appendix A of the White Mesa Uranium Mill, Ground Water Monitoring Quality
Assurance Plan (QAP) (the "QAP"). Appendix A to the QAP provides that the Mill will use the same
sampling regimen for the Chloroform Investigation that is utilized for groundwater sampling under its
groundwater discharge permit, as set forth in the QAP, except as specifically set forth in Appendix A to
the QAP.
Pursuant to Utah Code Annotated 19-5-111 (1953 as amended), this letter describes:
a) the root cause of the noncompliance;
b) steps that have been or will be taken to correct the violation;
c) date when compliance was or will be regained; and
d) steps taken or to be taken to prevent reoccurrence of the noncompliance.
DUSA responds as follows:
1. Violation of Section 6.2.5 of the DUSA QAP, for failina to completely follow all
decontamination procedures for sampling equipment in the 3 Quarter [20081, 4 Quarter
[2009] and 1"' Quarter [2009] chloroform monitoring events.
a) Root Cause of the Noncompliance
The root cause of the noncompliance was a failure to fully understand the decontamination
process outlined in the QAP as it relates to chloroform sampling with non-dedicated pumping
equipment. The sampling technicians and QA Manager believed that the process outlined in
Section 1) of the Chloroform Investigation Monitoring Quality Assurance Program (Appendix A to
the QAP), whereby samples are collected in sequential order from the least affected to most
affected well, allowed for decontamination prior to the sampling event but did not require
decontamination between individual sampling locations. As this was the past practice for many
years and because the sequential sampling was still described in the QAP, the technicians and
QA Manager failed to understand that the reference to Section 6.2.5 of the QAP required
decontamination between individual sampling locations, in addition to decontamination prior to
the sampling event.
b) Steps That Have Been Taken to Correct the Violation
The QA Manager and sampling technicians have reviewed the matter and the QAP language
and now are fully aware that the reference to Section 6.2.5 of the QAP at Section 1) of the
Chloroform Investigation Monitoring Quality Assurance Program applies not only to
decontamination prior to chloroform sampling events but between sampling locations as well.
c) Date When Compliance Was or Will be Regained
Samples collected for the 4"^ Quarter, 2009 will be collected with the appropriate understanding
of the QAP, and in accordance with Section 6.2.5. Equipment decontamination will occur prior to
the sampling event and between individual sample locations.
d) Steps Taken to Prevent Reoccurrence of the Noncompliance
i. The steps outlined in 1 .b) above have been taken.
11. DUSA is evaluating the installation of dedicated pumping equipment for all chloroform
monitoring wells.
2. Violation of Section 6.2.7(e) of the DUSA QAP, for failing to follow purging procedures and
remove at least 2 casing volumes before sampling well TW4-14 in the 3 Quarter monitoring
event.
a) Root Cause of the Noncompliance
Well TW4-14 produces very little water and has been difficult to sample as a result. Due to the
difficulty in obtaining samples (and evacuating 2 casing volumes) the sampling technicians
believed that obtaining a sample without evacuating two casing volumes was acceptable given
that water evacuation and recovery in this well has been difficult at best. While this well may be
difficult to obtain a sample from, the QAP accommodates such situations at Section 6.2.7.d)(vii)
whereby the wetl must be evacuated to dryness, the number of gallons evacuated must be
recorded, and prior to sampling (but after evacuation) the depth to groundwater must be
recorded on the field data worksheet. The sampling technicians failed to recognize these
requirements for wells with poor recovery and failed to conduct any purging and to record the
information required by Section 6.2.7.d)(vii) of the QAP. The root cause was failure to recognize
the requirements of Section 6.2.7.d)(vii) of the QAP.
b) Steps That Have Been Taken to Correct the Violation
The following steps have been taken to correct the violation:
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i. Sampling technicians have been re-apprised of the requirements of Section 6.2.7.d)(vii)
of the QAP.
ii. All technicians are required to read the QAP at least annually and as necessary in order
to follow the QAP requirements.
c) Date When Compliance Was or Will be Regained
Well TW4-14 will be sampled in accordance with Section 6.2.7.d)(vii) of the QAP for the 4*"
Quarter, 2009 Chloroform sampling event.
d) Steps Taken to Prevent Reoccurrence of the Noncompliance
The steps described under item 2.b) above have been taken.
3. Violation of Section 6.2.7.(d)(v) of the DUSA QAP, for failing to make and record multiple field
measurements to demonstrate parameter stability before water quaiity sampie collection in 20
monitoring wells for the 3'" Quarter, 21 monitoring wells [for the] 4'^ Quarter, and 20
monitoring wells [for the] l" Quarter monitoring chloroform monitoring events.
a) Root Cause of the Noncompliance
The sampling technicians failed to fully understand the QAP requirement at Section 6.2.7.(d)(v)
of the QAP. The technicians incorrectly believed that if the well yields 2 casing volumes (Section
6.2.7.(d)(vi) of the QAP) or if stable parameters are obtained in accordance with Section
6.2.7.(d)(v) then a sample can be collected. The technicians did not understand that regardless
of the fact that 2 casing volumes have been evacuated, Section 6.2.7.(d)(v) requires that field
parameters must fall within 10% prior to the collection of samples. As a result, the technicians
evacuated 2 casing volumes and only recorded one set of field parameters.
b) Steps That Have Been Taken to Correct the Violation
The following steps have been taken to correct the violation:
i. Sample technicians have been re-apprised of the requirements at Sections 6.2.7.(d)(v)
and 6.2.7.(d)(vi) of the QAP and advised as to the duel requirement that 2 casing
volumes must be evacuated and that stable field parameters must be observed prior to
sampling.
ii. The QA Manager has initiated an early review process for field data worksheets relative
to well evacuation volumes and field parameters. This review step will occur as soon as
possible after sampling has occurred, and in time for re-sampling should purging steps
fail to comply with QAP requirements.
iii. As an element of quarterly reporting, the QA Manager has initiated a documented review
of quarterly samples for evacuation volume and field parameter stability, which has been
included in the 3 Quarter, 2009 Chloroform Monitoring Report,
iv. All technicians are required to read the QAP at least annually and as necessary in order
to follow the QAP requirements.
c) Date When Compliance Was or Will be Regained
Samples will be collected in accordance with Sections 6.2.7.(d)(v) and 6.2.7.(d)(vi) of the QAP
during the 4*^ Quarter, 2009 event.
d) Steps Taken to Prevent Reoccurrence of the Noncompliance
The steps described under 3.b) above have been taken.
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4. Violation of Section 4 of Appendix A of the DUSA QAP, for failing to analyze for Carbon
Tetrachloride, Chloroform, Dichloromethane (Methylene Chloride), and Chloromethane for well
TW4-20 in the 4*^ Quarter [2008] monitoring event.
a) Root Cause of the Noncompliance
A number of wells required re-sampling (including well TW4-20) in the 4'^ Quarter resulting from
a breach in sample custody due to the contract carrier opening the sample cooler while the
samples were in transit. When re-sampling was conducted on November 20, 2008, well TW4-20
was inadvertently missed in the re-sampling effort.
b) Steps That Have Been Taken to Correct the Violation
The following steps have been taken to correct the violation:
i. Sample technicians have been apprised that all required samples must be collected and
to remain aware when re-sampling occurs to assure that all samples requiring re-
collection are included In the re-sampling event.
ii. The QA Manager has initiated an early review process for field data worksheets as a
means of identifying sample collection issues, including a determination that all samples
were collected for the quarter. Sampling technicians will be apprised of any missing
samples prior to the conclusion of the quarter in order that re-sampling can occur within
the quarterly period.
c) Date When Compliance Was or Will be Regained
All required samples have been collected in subsequent reporting periods.
d) Steps Taken to Prevent Reoccurrence of the Noncompliance
The steps described under 4.b) above have been taken.
5. Violation of Section 6(b) of the DUSA QAP, for failing to identify, mention or explain samples Bt TW4-62 and TW4-73 In the Energy Laboratories analytical summary in the text of the 1
Quarter [2009] Quarter[ly] report.
a) Root Cause of the Noncompliance
The root cause of the noncompliance is two-fold; inadequate communications between sampling
personnel and the QA Manager, coupled with deficiencies in document review.
The samples cited (TW4-62 and TW4-73) were collected as Dl blank and Rinsate samples,
respectively. On a review of the situation it was found that a break in the sampling sequence
occurred during the 1^^ Quarter sampling event. More specifically, wells TW4-6 and TW4-9 were
inadvertently sampled out of order according to the sampling requirement in Section 1) of the
Chloroform Investigation Monitoring Investigation Qualrty Assurance Plan whereby sampling
occurs from the least contaminated to the most contaminated well location. Because these
samples were reversed in order, the sampling equipment was decontaminated prior to
continuing the sampling sequence. Accordingly, samples TW4-62 and TW4-73 were collected to
accommodate the decontamination event; this occurring before DUSA's recent understanding
about decontamination between each sample location. TW4-62 was collected as a Dl blank to
demonstrate that uncontaminated water was used in the decontamination process, and TW4-73
was collected as an equipment rinsate sample to demonstrate the effectiveness of the
decontamination process. This information was not communicated to the QA Manager by
sampling personnel, and the field sheets transmitted to the QA Manager for the sampling event
did not include these locations. Given that all required samples had been accounted for by field
data sheets, the QA Manager began preparation of the report, entering required data from
analytical reports into the concentration tables and accompanying graphical displays. Qnce this
process was complete the various data sets were printed and added to the report. By
inadvertent error, the QA Manager failed to notice the additional samples on the Energy Labs
listing, and his search for data from the reports was limited to the required sampling locations.
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The deficiency here being the QA Manger's failure to adequately complete a final review of all
documents which were appended to the report.
b) Steps That Have Been Taken to Correct the Violation
The tollowing steps have been taken to correct the violation:
i. Sampling technicians have been apprised that all field data sheets must be sent to the
QA Manager.
ii. Sampling technicians have been apprised that when deviations occur in the sampling
process^ these must be recorded on the field data sheets that are forwarded to the QA
Manager.
iii. The QA Manager has initiated an early review process for field data worksheets as a
means of identifying sample collection issues, including a determination that all samples
were collected for the quarter and in order to identify deviations in sampling for the
quarter.
c) Date When Compliance Was or Will be Regained
The steps outlined in Section 5.b) above are being implemented with the 4^^ Quarter, 2009
Report.
d) Steps Taken to Prevent Reoccurrence of the Noncompliance
The steps described under 5.b) above have been taken.
6. Violation of Section 6(b) of Appendix A of the DUSA QAP for failing to analyze and report the
results of a trip blank in the 3 Quarter [2008].
a) Root Cause of the Noncompliance
Due to an instrument malfunction at the Mill's contract laboratory, the trip blank was not analyzed
and thus no result could be reported. The laboratory did not inform DUSA that a trip blank
instrument failure had occurred, other than the information conveyed within the final Analytical
Report Case Narrative. Further, the QA Manager was not diligent ih his completeness review of
the analytical results. Since the samples had all been collected and the analytical report was not
received until September 30, 2008 there was no opportunity to conduct a re-sampling event with
a new trip blank included for the quarter.
b) Steps That Have Been Taken to Correct the Violation
The following steps have been taken to correct the violation:
i. Sampling technicians have initiated early quarterly sampling as a result of prior problems
with temperature and sample custody during shipping. This practice enables early
detection of sample problems.
ii. Because trip blanks are for VOC's these results should be available to the laboratory
early in the analytical process and before the quarter's end such that a re-sampling can
occur should this problem be encountered in the future. The laboratory has been
informed that trip blank results should be available well before the quarter's end in order
to accommodate a re-sampling should the trip blank fail to be analyzed.
iii. The QA Manager has been reminded of the need to carefully review the analytical
results to ensure that results for all required QA samples are included.
c) Date When Compliance Was or Will be Regained
Laboratory notification pertaining to Section 6.b)ii above has occurred contemporaneous with the
transmission of this response.
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d) Steps Taken to Prevent Reoccurrence of the Noncompliance
The steps described under 6.b) above have been taken.
7. Violation of Section 6.(c) of Appendix A of the DUSA QAP for failing [to] provide historic
groundwater level elevation data for wells TW4-23, TW4-24 and TW4-25 in the 3 Quarter
[2008] Report, 4*^ Quarter [2008] Report and 1"^ Quarter [2009] Report.
a) Root Cause of the Noncompliance
The QA Manager inadvertently overiooked this requirement.
b) Steps That Have Been Taken to Correct the Violation
In order to address this violation, DUSA is preparing Addenda that will include hydrographs and
elevation tables for the 3'^^ Quarter 2008 Report, 4 Quarter 2008 Report and 1 Quarter 2009
Report.
c) Date When Compliance Was or Will be Regained
The Addenda will be submitted to the Executive Secretary on or before December 18, 2009.
d) Steps Taken to Prevent Reoccurrence of the Noncompliance
The steps described under 7.b) above have been taken.
8. Violation of Section 6.(c) of Appendix A of the DUSA QAP, for failing to provide historic
analytical results and summary data table for ali analytes In each well, including: carbon
tetrachloride, chloride, chloromethane, and methylene chloride in the3^'' Quarter [2008] Report,
4*^ Quarter [2008] Report and 1** Quarter [2009] Report.
a) Root Cause of the Noncompliance
The root cause of noncompliance was an inadvertent oversight on the part of the QA Manager.
In preparing these reports the QA Manager failed to recall the new requirement for historic
reporting of aniaytes other than chloroform and nitrate in data summary tables which became
effective with the approval of Revision 3 of the QAP on June 20, 2009.
b) Steps That Have Been Taken to Correct the Violation
The following steps have been taken to correct the violation:
i. DUSA is preparing Addenda that will include historic summary tables which include, in
addition to chloroform and nitrate, carbon tetrachloride chloride, chloromethane, and
methylene chloride for the 3'^ Quarter 2008 Report, 4 Quarter 2008 Report and 1^'
Quarter 2009 Report.
ii. DUSA has issued the 3"^ Quarter 2009 Quarterly Report which includes historic results
for carbon tetrachloride, chloride, chloromethane, and methylene chloride in addition to
chloroform and nitrate included in past reports
c) Date When Compliance Was or Will be Regained
Compliance was re-established with the completion of the 3"* Quarter 2009 Report. Past reports
subsequent to the approval of Revision 3 to the QAP are being updated with supplemental
Addenda.
d) Steps Taken to Prevent Reoccurrence of the Noncompliance
The steps described under 8.b) above have been taken.
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9. Violation of Section 6.(c) of Appendix A of the DUSA QAP, for failing to include
isoconcentration maps that illustrate the 70 ug/l boundary in the 3 Quarter [2008] Report, 4^
Quarter [2008] Report and 1"" Quarter [2009] Report.
a) Root Cause of the Noncompliance
The root cause of noncompliance was an inadvertent oversight on the part of the QA Manager.
In preparing these reports the QA Manager failed to recall the new requirement for displaying the
70 ug/l contour on the isoconcentration maps which became effective with the approval of
Revision 3 of the QAP on June 20, 2009.
b) Steps That Have Been Taken to Correct the Violation
The following steps have been taken to correct the violation:
i. DUSA is preparing Addenda that will include updated mapping to include the 70 ug/l
contour line on the isoconcentration maps for the 3''' Quarter 2008 Report, 4* Quarter
2008 Report and l" Quarter 2009 Report.
li. DUSA has issued the 3"^ Quarter 2009 Quarteriy Report to include the 70 ug/l contour
line on the isoconcentration map.
c) Date When Compliance Was or Will be Regained
Compliance was re-established with the completion of the 3^^ Quarter 2009 Report. Past reports
subsequent to the approval of Revision 3 to the QAP are being updated with isoconcentration
mapping which includes the 70 ug/l contour.
d) Steps Taken to Prevent Reoccurrence of the Noncompliance
The steps described under 9.b) above have been taken.
10. Violation of Section 6.(c) of Appendix A of the DUSA QAP, for failing to report In the 3'
Quarter [2008], 4^^ Quarter [2008] and 1^ Quarter [2009]
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Reports:
A. Total historic chloroform mass removed from the shallow aquifer to date,
B. Total historic chloroform mass removed from each pumping well (MW-4, MW-26, TW4-19
and TW4-20) to date,
C. Calculated chloroform mass removed from each pumping well MW-4, MW-26, TW4-19 and
TW4-20) in the quarter, and
D. Total chloroform mass removed in the quarter.
a) Root Cause of the Noncompliance
The root cause of noncompliance was an inadvertent oversight on the part of the QA Manager.
In preparing these reports the QA Manager failed to recall the new requirement for including
historic mass removal of chloroform from the shallow aquifer to date, total historic chloroform
mass removed from each of the pumping wells to date, chloroform mass removed from each
pumping well in the quarter and total chloroform removed in the quarter. This requirement
became effective with the approval ot Revision 3 of the QAP on June 20, 2009,
b) Steps That Have Been Taken to Correct the Violation
The following steps have been taken to correct the violation:
i. DUSA is preparing Addenda pertaining to the 3'^ Quarter 2008 Report, 4^^ Quarter 2008
Report and 1^' Quarter 2009 Report which include historic mass removal of chloroform
from the shallow aquifer to date, total historic chloroform mass removed from each of the
pumping wells to date, chloroform mass removed from each pumping well in the quarter
and total chloroform removed in the quarter.
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ii. DUSA has issued the 3"^ Quarter 2009 Quarteriy Report to include historic mass removal
of chloroform from the shallow aquifer to date, total historic chloroform mass removed
from each of the pumping wells to date, chloroform mass removed from each pumping
well in the quarter and total chloroform removed in the quarter.
c) Date When Compliance Was or Will be Regained
Compliance was re-established with the completion of the 3"^ Quarter 2009 Report. Past reports
subsequent to the approval of Revision 3 to the QAP are being updated to include historic mass
removal of chloroform from the shallow aquifer to date, total historic chloroform mass removed
from each of the pumping wells to date, chloroform mass removed from each pumping well in the
quarter and total chloroform removed in the quarter.
d) Steps Taken to Prevent Reoccurrence of the Noncompliance
The steps described under lO.b) above have been taken.
11. Violation of Section 6.(f) of Appendix A of the DUSA QAP, for failing to provide a field data
worksheet for well TW4-14 for the 1^ Quarter chloroform monitoring event.
a) Root Cause of the Noncompliance
The root cause of noncompliance was due to an inadvertent oversight on the part of the
sampling technicians and the QA Manager. During the preparation of quarteriy reports sample
technicians provide field data worksheets to the QA Manager. The packet prepared for the 1^
Quarter, 2009 Report was sent via email to the QA Manager but by inadvertent oversight did not
include the field data worksheet for well TW4-14. During the preparation of the Report, again by
inadvertent oversight, the QA Manager failed to notice that TW4-14 was not included in the set
of worksheets. In both cases, the technicians and QA Manager did not pay close enough
attention to detail.
b) Steps That Have Been Taken to Correct the Violation
The QA Manager has initiated an early review process for field data worksheets. This review
step will occur as soon as possible after sampling has occurred in order that sufficient time and
attention is applied to field data worksheets.
c) Date When Compliance Was or Will be Regained
All field data worksheets were included with the 2"^* Quarter 2009 Report and the 3'"^ Quarter,
2009 Reports. The steps outlined in Section b) above are to be implemented in the 4' Quarter
ot 2009.
d) Steps Taken to Prevent Reoccurrence of the Noncompliance
The steps described under 11 .b) above have been taken.
12. Violation of Section 4.3.3 of the QAP, falling to submit the required two duplicate samples in
the 4*^ Quarter [2008] chloroform monitoring event.
a) Root Cause of the Noncompliance
The sampling technician believed that because the number of samples was approximate to 20
(i.e. 22 samples) that a second duplicate would not be necessary. The root cause of this
oversight was a failure on the part of the sampling technicians to fully understand the strict
discipline required by the QAP.
b) Steps That Have Been Taken to Correct the Violation
The following steps have been taken to correct the violation;
i. Sampling technicians have been re-apprised of the requirements of Section 4.3.3
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of the QAP and instructed that field choices which are inconsistent with QAP
requirements cannot occur in the future.
ii. All technicians are required to read the QAP at least annually and as necessary in order
to follow the QAP requirements.
c) Date When Compliance Was or Will be Regained
Two duplicate samples were included in the 2""^ and 3'^ Quarters of 2009.
d) Steps Taken to Prevent Reoccurrence of the Noncompliance
The steps described under 12.b) above have been taken.
If you have any questions or require any further information, please contact the undersigned.
Yours very truly.
DUSA MINES (USA) COHP.
DayidG. FrVdentund
Vice President, Regulatory Affairs and Counsel
cc: Ron F. Hochstein
Harold R. Roberts
Steven D. Landau
David E. Turk
Ryan Palmer
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