DRC-2011-001149 - 0901a068801f513e

State of Utah
GARY R. HERBERT
Govemor
GREG BELL
Ueulenant Governor
Department of
Enviroimiental Quality
Amanda Smith
Executive Director
DIVISION OF RADIATION CONTROL
Rusty Lundberg
Director
DRC-2011-00114
January 13, 2010
Mr. Harold Roberts
Executive Vice President, U.S. Operations
Denison Mines (USA) Corp.
1050 Street, Suite 950
Denver, CO 80265
Re: January 13, 2010 Variance Request Regarding Tailings Cell 4A Freeboard Limit:
Conditional Approval.
Dear Mr. Roberts,
We acknowledge a January 6, 2011 telephone conversation we had with you regarding rising
wastewater levels in Tailings Cell 4A, while you await Division review findings on construction
of Tail ings Cell 4B. Both parties recognize that upon approval of Cell 4B, that any freeboard
limit exceedance will be resolved as wastewater flows over the spillway constructed between
Cells 4A and 4B. During the January 6, 2011 call, the Division had agreed to exercise
enforcement discretion for limited time regarding excess Cell 4A wastewater level conditions.
We acknowledge that Cell 4B has been constructed, that DUSA has submitted several required
documents to the Division that are currently under Division review, including: 1) the final as-built
report for Cell 4B, 2) operational and maintenance procedures for the new cell, and 3) revisions to
the existing reclamation plan to address future Cell 4B closure. In addition, the Division is
awaiting submission of evidence of adequate surety, of which you informed us today would be
submitted next week.
We understand the exigent conditions involved in tailings fluid management during the period the
Division reviews the documents mentioned above.
We also recognize your telephone request today, where you asked for a written variance to the
Cell 4A freeboard limit. We also recognize receipt of the following DUSA email documents:
January 13, 2011 (8:02 am) - providing recent Cell 4A freeboard measurements. Included
in this email was information that the freeboard was exceeded sometime between January
7 and 10, 2011, and that as of this moming, the wastewater level was 21 inches below the
spillway to Cell 4B.
January 13, 2011 (11:42 am) - including a formal request for written variance regarding
195 North 1950 West • Salt Uke City, UT
Mailing Address: P.O. Box 144850 • SaU Uke City, UT 84114-4850
Telephone[phone]-Fax(801) 533^097 'T.D.D. [phone]
www.deq.utalt.gov
Printed on 100% recycled paper
Page 2
the excess Cell 4A wastewater levels
This letter constitutes conditional approval of variance to the Cell 4A wastewater freeboard limit,
subject to the following conditions:
1. Discharge of any tailings solids or wastewater into Cell 4B is prohibited before DUSA
receipt of written Division approval.
2. DUSA will continue to make daily wastewater level measurements in Cell 4A, and
report these to Division staff via email on a daily basis.
3. This variance shall expire on March 1, 2011.
If you have any questions regarding the terms of this variance approval, please contact Loren
Morton of my staff at 801-536-4262.
UTAH WATER QUALITY BOARD
Rusty Lundberg
Co-Executive Secretary
RL/LM:lm
F:\...\CelI 4A Freeboard Variance.doc
File: DUSA GW Permit, Cell 4B