DRC-2011-007387 - 0901a06880270f79

State of Utah
GARY R. HERBERT
Governor
GREG BELL
Lieutenant Governor
Department of
Environmental Quality
Amanda Smith
Executive Director
DIVISION OF RADIATION CONTROL
Rusty Lundberg
Director i
Certified Mail
(Return Receipt Requested)
September 13, 2011
Ms. Jo Ann Tischler
Director, Compliance and Permitting
Denison Mines (USA) Corp. (DUSA)
1050 17'*^ Street, Suite 950
Denver, CO 80265
Dear Ms. Tischler:
SUBJECT:
References:
a.
b.
c.
d.
Confirmatory Action Letter -Pertaining to the Non-Measurement of the Water Leyel in
Cell 4B; White Mesa Uranium Mill License #UT0900480; Request for Information
June 6, 2011 DUSA letter on the subject.
DMT Plan, paragraph 3.1(d).
Ibid, paragraph 3.1.(d)vii.A(II).
Cell 4A and Cell 4B BAT Monitoring, Operations and Maintenance Plan, paragraph 4.4.
DUSA Letter of June 23, 2011: Transmittal of Revised DMT Plan, etc.
On August 31, 2011 Messrs. Phillip Goble and David Rupp of the Division of Radiation Control (DRC)
held a telephone enforcement conference with you and Mr. David Turk of DUSA. This enforcement
conference was under authority of UAC R313-14-15(5)(b). In this discussion, DUSA made the following
commitments:
1. DUSA will provide the DRC the appropriate Mine Safety and Health Administration (MSHA) rule
quotation(s) and cifing(s) that require the use of walkways with handrails when egressing active
tailings cells. According to our discussion, these requirements precluded DUSA from making
water level elevation measurements in Cell 4B.
2. DUSA will commit to a period of time to construct walkways for new tailings cells, after receiving
authorization for use of any new tailings cell from the Executive Secretary. This time period must
be submitted for approval in a revised DMT Plan.
3. DUSA will acquire a steel surveyor's tape(s) of adequate length, or develop other approved means,
to accurately measure water level elevations prior to construction of the walkway discussed in the
two numbered items, immediately above. The procedures for this method to measure the water
level elevation will be submitted by DUSA for approval, in a revised DMT Plan.
195 North 1950 West • Salt Lake City, UT
Mailing Address: P.O. Box 144850 • Salt Lake City, UT 84114-4850
Telephone [phone] • Fax [phone] • T.D.D. [phone]
www.deq.ulah. gov
Printed on 100% recycled paper
Page 2
4. DUSA will revise the DMT Plan, reference (c), so the point designated for the water level
measurement in Cell 4B will be the southeast corner, rather than the current required location.
5. DUSA must acquire a longer survey elevation rod, e.g. a 45' rod, in order to survey the water level
in the subject cell at lowest depths. DUSA will revise the DMT Plan to include procedures for use
of this longer survey rod.
6. A revised DMT Plan, proposed in reference (e), contains a new paragraph on page 10. As
discussed, this specific proposed new verbiage is not acceptable. The DMT Plan must be revised
in accordance with the above commitments and requirements.
7. A new revised DMT Plan, containing all the necessary verbiage changes from the items above, will
be submitted for approval.
In your email dated September 13, 2011 you agreed that DUSA will fully respond to the above in writing,
making the necessary commitments and changes to the DMT Plan, within 45 calendar-days of receipt of
this letter.
If you have any questions on the above, please coniact Mr. Dave Rupp at [phone].
UTAH RADIATION CONTROL BOARD
Rusty Lundberg, Executive Secretary
DAR:dr
CC: David Turk, DUSA, Blanding, UT
F:\drupp\DUSA\NOVs\CAL C4BWL Measurements.doc
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RE: 8/13/11: Confirmatory action letter / DR
Jo Ann Tischler
Denison Mines (USA) Corp
1050 Seventeenth ST, STE 950
Denver, Co 80265
PS Form 3800. August 2006 See Reverse for Instriictions '