DRC-2010-001909 - 0901a0688016ac41

State of Utah
GARY R. HERBERT
Governor
GREG BELL
Lieutenant Governor
Department of
Environmental Quality
Amanda Smith
E.xecutive Director
DFVISION OF RADIATION CONTROL
Dane L. Finerfrock
Director
RC-201U-00190'^
MEMORANDUM
TO: File
THROUGH: Loren Morton, PG, Manager
FROM: Tom Rushing, PG
DATE: February 16, 2010
SUBJECT: DRC Review of the 2009 Annual Land Use Survey, Rio Algom Mining L.L.C,
Radioactive Materials License No. UT1900481, Amendment 2, Condition 21.
Revieyy Summary
The Division of Radiation Control (DRC) has reviewed the 2009 Annual Land Use Survey
(Survey) submitted by Rio Algom Mining L.L.C. (RAM), dated December 31, 2009, and received
by DRC on January 4, 2010. The Survey was submitted to comply with Condition 21 ofthe
Radioactive Materials License No. UT1900481, Amendment 2 (License.)
DRC noted that the report was received 4 days past the date required by the License (Annually on
or before December 31 per condition 21). This is technically a violation; however, since the
report is otherwise in compliance DRC will use enforcement discretion since the lateness was
minor.
The Survey contains the following items:
1. A cover letter indicating changes made to the land use map and summarizing changes per
the DRC CAL:
2. Well owner phone list:
3. UT Division of Water Rights well lists including plot positions and activity status:
4. Property owner contact (address and telephone number) list:
5. San Juan County Section Plots (by lot number and area) & Land Ownership descriptions:
6. Copy of the land use map including all water wells within a 5 kilometer radius:
7. Copy of the land use map including oil and gas wells and property ownership plots within
a 5 kilometer radius:
168 North 1950 West • Salt Lake City, UT
Mailing Address: P.O. Box 144850 • Salt Lake City, UT 84114-4850
Telephone [phone] • Fax [phone] 'TDD. [phone]
www.deq.Utah.}iov
Printed on 100% recycled paper
Rio Algom Mining L.L.C.
2009 Annual Land Use Map Submission
DRC Review
Page 2
8. Copy of the land use map including only plots of the structures and structure ownership
within a 5 kilometer radius:
9. Electronic copy of the 3 versions of plot maps in PDF format on Compact Disk:
10. Copies of all other Survey materials on Compact Disk.
Changes to the Previous (2008) Map
The following plot changes were made to the mapping plots. This is per the submission cover
letter:
• "The contact information of the various well owners includes the most recently listed
phone numbers (if available).
• Two mobile homes have been removed from the area and were deleted from the maps.
• Seven mobile homes have been moved into the area and were added to the maps.
• Five new residential structures have been constructed and were added to the maps.
• Five new gas wells were approved in the area but were not yet spudded.
• One gas well that was shut-in in 2008 is currently producing and the change was made to
the map.
• One gas well that was producing in 2008 is currently shut-in and the change was made to
the map.
• Three oil wells that were producing in 2008 are currently shut-in and the change was made
to the map."
Comparison of 2009 Land Use Submission with License Condition 21
Per the Attached Module 32 form, the submission appears to comply with all requirements of
Radioactive Materials License No UT1900481, Condition 21.
Land Use Survev Submission Conclusions
Per the DRC review it is recommended that Rio Algom be notified that License Condition 21
appears to be met and sent a letter closing-out the 2009 Survey.
Advisory Concerning Water Mining Proiect (BLM Application)
DRC received notification on October 14, 2009, that a ground water collection plan for stock
water collection and distribution was undergoing final review by the Bureau of Land
Management. Per the planning one ground water withdrawal well would be installed in the plat
section directly south ofthe Rio Algom LTSM boundary (section 28). Communication amongst
DRC, BLM and Redd Ranches (Project Owner) took place from approx 10/14/09 until 12/29/09
conceming the draft project.
Rio Algom Mining L.L.C.
2009 Annual Land Use Map Submission
DRC Review
Page 3
During this time DRC expressed concem regarding the potential impacts of groundwater
withdrawal (pumping well) to the existing hydraulic gradient in the area of the plume.
Specifically per the groundwater modeling done for the Rio Algom DOE ACL application, the
groundwater flows generally north-northwest, branching in two arms due to a low permeability
zone in the center of the LTSM area (flow lines diverge around the zone). Modeled flow also
utilizes the Lisbon Valley Fault as a no flow boundary in the model, directing the flow to the north
along this boundary.
Pumping in the region directly south of the plume has the potential to create drawdown and
change the flow direction regionally (radial flow and the creation of a cone of depression). The
original Redd Ranches plan was to use an existing well right (0405013MOO/0405026MOO) as
the pumping well. This well right is located less than 2000 ft from the delineated boundary
(Section 28) of the uranium contaminant plume (Section 21). Per the submitted well right listings
(with the 2009 Land Use Survey), this right is logged with Paul D. Redd as the right owner,
however, there is no pump volume allowance associated with the right.
As an outcome of the DRC correspondence, it was agreed by Paul Redd that the well should be
moved farther south. Paul Redd proposed an altemate location, approx .5 miles farther south than
the well right 0405013MOO/0405026MOO. The last e-mail communication from BLM indicated
that the well would also be located on the west side of the Lisbon Valley Fault. This claim has not
yet been substantiated. DRC indicated through e-mail response that this was unlikely due to the
geologic stratigraphy on the west side of the fault (lack of water bearing formations). DRC
conducted additional review of the geologic outcrops along the fault boundary to determine
whether the fault line is clearly defined or whether fault blocking is evident and expressed as a
fault zone, with a wider zone of fault blocks. Per DRC review of a geologic map (Utah Geologic
Survey, La Sal Quadrangle, Doelling, 2004) it was noted that ourcrops are fairly well defined
between the Cretatious on the east side of the fault and older Jurassic and Permian outcrops on the
west. DRC noted that per the stratigraphic columns on the Doelling map there are no water
bearing formations on the west side of the fault in the area of Rio Algom for a depth of 500 -f- feet.
DRC will plan to compare the geologic map with the final well location. If the Redd Ranches
well is indeed located east of the fault, drawdown from the well could be strongly influenced by
the faults apparent low peimeability (no-flow boundary). Under these circumstances the cone of
depression could be strongly elongated in a NW-SE direction, and have an increased potential for
hydraulic influence near the Rio Algom site.
DRC communicated through the e-mails to BLM (including cc:'s to Rio Algom and DOE) that the
installation of pumping wells within those areas may result in a need for additional ground water
modeling to be done or for the addition of a monitoring well along the southem boundary of the
LTSM. Per an e-mail from Rio Algom to BLM (below), Rio Algom requested that any additional
ground water model actions or monitoring well installations be the responsibility of Redd
Ranches. DRC staff did not respond or provide comment regarding this e-mail but does not agree
with this determination.
Rio Algom Mining L.L.C.
2009 Annual Land Use Map Submission
DRC Review
Page 4
»From: Chuck Wentz (Rio Algom) to Ann Marie Aubry (BLM) cc'd to DRC
on 12/21/2009
Ann Marie Aubry,
Rio Algom Mining LLC, Utah License No. UT 1900481 forthe Lisbon mine site, would
like to express our position that any new monitor well requirements, placement or
monitoring, and any new plume evaluations at the Lisbon Mine be the sole responsibility
of Redd Ranches.
At this time I would also like to request a map showing the proposed locations of the new
water wells.
Thank you,
Per the last e-mail from BLM regarding the project (from Ann Marie Aubrey), BLM was in the
process of approving the draft environmental assessment and approving the Lisbon pumping well
location (located farther south) with the contingency that the well be sampled annually to insure
that sampled concentrations were not above background. DRC did not provide response or
additional comment regarding the project. BLM additionally attached a copy of the draft EA for
the Redd Ranches project, per DRC review of the document it appeared that all information
conceming the installation of the pumping well was consistent with the e-mail communication.
»From: Anne Marie Aubry (BLM Moab) sent to DRC on 12/24/2009
Hello Tom
Thank you for all your comments on this project. We appreciate your
concern.
The project proponent has moved the water v/ell locations farther south,
away from the contaminated groundwater plume. I am attaching a copy of the
most recent Environmental Analysis (EA). Although the EA is still in draft
form, the groundwater sections are final. We are waiting on some cultural
and wildlife information which would not affect the project proposal or the
groundwater discussions. I am also attaching a file with relevant maps
(see email #2).
These new well locations are 1- 2.7 miles south of the groundwater
contamination plume, and on the west side of the Lisbon Valley Fault. We
feel these locations should minimize/ alleviate any concems about
interactions with the groundwater contamination plume.
Thanks again,
Ann Marie
Rio Algom Mining L.L.C.
2009 Annual Land Use Map Submission
DRC Review
Page 5
Based on this communication and review findings it is recommended that DRC provide Rio
Algom with an advisory section in the 2009 Land Use Survey approval letter. The advisory will
summarize the communication regarding the water pipeline project and inform Rio Algom that
DRC may require future additional actions related to additional ground water modeling which
may need to be conducted to evaluate the influence of the pumping well and evaluation of
associated contaminant breakthrough curve predictions, and/or the installation of additional
ground water monitoring wells along the southem LTSM boundary to insure that contaminants are
not migrating out of the defined boundaries.
References
Rio Algom L.L.C, 2009Annual Land Use Survey, Received by DRC January 4 2010.
Utah Dept. of Environmental Quality Radioactive Material License Number UT1900481, Rio
Algom Mining L.L.C.
U.S. Department ofthe Interior, Bureau of Land Management, December 2009, Environmental Assessment
DOI-BLM-Y0I0-2010-0007-EA, "Installation of VV^ater Pipeline, Tanks, and Troughs on the Lisbon
Allotment" Per personal communication with BLM Moab this document is still in Draft form.
Various e-mail communication amongst DRC, Rio Algom and Redd Ranches.
F:\Rio AlgomXLand Use Survey 2009\RioAlgom2009LandUseMemo.doc
Utah Division of Radiation Control Inspection Form
Ground Water Module 32 (Annual Land Use Survey Report Review)
Rio Algom Mining Company
Lisbon Valley, Utah
Regulatory Requirements Inspected Against: Radioactive Materials License # UT 1900481, Condition 21
License-in-Force (date): March 6, 2006 (major modification number 2)
Last Previous Inspection Date: Calendar Year 2008
Date(s) of Current Inspection: Calendar Year 2009
Violations Recommended: • Yes ^ No Comments:
INSPECTION ITEM - Annual Land Use Survev (Ground Water Module 32):
LahdvLiseJSurvey Requirements (Condition 21) ft,*!. ;•=*='-.-i :?:! .-;• V *,^ .if: :( ^- |' S
1. Report Submittal Date - Was the report submitted on or before December 31"?
n Yes IEI No
Notes: Report was received on January 4, 2010. Thefacility letter is dated December 31, 2009. The report
was submitted 4 days late. DRC will use enforcement discretion conceming this violation since it is minor.
2. Did the report include private residences, grazing areas, private and public potable water and agricultural wells,
and non-residential structures and uses within five kilometers (3.1 miles) ofthe site boundary?
13 Yes n No
Notes: Map includes a blue line encircling a five kilometer radius around the Rio Algom facility.
3. Were those items listed above appropriately plotted on the Annual Land Use Map?
IEI Yes D No
Notes:
4. Did the plotted wells include references and/or a description of methods utilized to obtain all information
included in the report?
13 Yes D No
Notes:
5. Did all plotted items include contact information?
13 Yes n No
Notes:
6. Did the survey include well identificadon numbers which could be used to correlate the plotted well locadons
with contact listings?
13 Yes D No
Notes:
7. Did the survey include the approved use for the plotted wells?
13 Yes D No
Notes:
Rio Algom Mining Company
Module 32 Inspection Form Page 2 of 2 Form Updated 1/4/2008
8. The following differences since the last report were identified: Per the Rio Algom cover letter:
• The contact information of the various well owners includes the most recently listed phone numbers (if
available),
Two mobile homes have been removed from the area and were deleted from the maps.
Seven mobile homes have been moved into the area and were added to the maps.
Five new residential structures have been constructed and were added to the maps.
Five new gas wells were approved in the area but were not yet spudded,
One gas well that was shut-in in 2008 is currently producing and the change was made to the map,
One gas well that was producing in 2008 is currently shut-in and the change was made to the map.
Three oil wells that were producing in 2008 are currently shut-in and the change was made to the map.
9. Do any of these changes represent a concem with regard to ground water at the Rio Algom property?
n Yes 13 No
Notes:
10. Addidonal Records Requested/Inspected: The review memo includes a discussion of recent DRC
communication with the Bureau of Land Management and a local business "Redd Ranches" concerning a
water mining project for stock watering in the section direcdy south of Rio Algom. Although the proposed
pumping wells are upgradient of the facility and contaminant plume, DRC is concerned that the wells may be
place close enough to draw contaminated water. A summary of the project, discussion and local site geology
are included in the review memo and an advisory section is included in the review memo to Rio Algom.
Inspection Staff: Tom Rushing, Hydrogeologist
Rangeof Records Inspected: From: January 1, 2009 To :December 31, 2009 Single Submission
Modular Pennit Inspection Form, Version 2, Updated January 2(X)8
N:\Trushing\Rio Algom - Lisbon\Module Forms\2008SurveyForm.doc
F:\Rio AlgomVLand Use Survey 2009\GW Module 32 Lisbon (Annual Land Use Survey) 2009 Report.doc