DRC-2010-001804 - 0901a068801698f8

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State of Utah
GARY R. HERBERT
Govemor
GREG BELL
Lieutenant Govemor
Department of
Environmental Quality
Amanda Smith
Executive Director
DIVISION OF RADIATION CONTROL
Dane L. Finerfrock
Director
C-2010-001804
February 2, 2010
CERTIFIED MAIL
(Return Receipt Requested)
Chuck Wentz, Environmental Department Supervisor/RSO
Rio Algom Mining L.L.C.
P.O. Box 218
Grants, NM 87020
Dear Mr. Wentz:
Subject: Radioactive Materials License UT 1900481 - DRC Transmittal of Final License
Amendment No. 3
Based on the February 12, 2009 license amendment request submitted by Rio Algom Mining
(received by DRC on March 16, 2009), and subsequent meetings and correspondence between Rio
Algom and DRC, the following changes have been incorporated into Condition 53:
1) The inclusion of well LW-1 as a Trend Well on TABLE 3. Condition 53.B.
2) The inclusion of an LW-1 Uranium Target Action Level of 0.028 mg/L on TABLE 3.
Condition 53.B, as proposed previously by Rio Algom.
3) Table 4, Condition 53.G. was deleted. This table specified that ground water
monitoring would be done quarterly until the last quarter of 2007, and is no longer
applicable.
4) Condition 53.C. was updated to include a Probable Out of Compliance status which
requires Rio Algom to increase monitoring frequency to quarterly for any (one) sample
exceeding contaminant concentrations. Out of Compliance Status (OOC) is still
defined as two consecutive exceedences of contaminant concentrations. This is
deemed necessary since the facility is currently in semi-annual monitoring and will
sample annually starting in year 2012. This means that in order to verify the OOC
status from here forward would entail a full year (or 2 years starting 2012) if only the
definition of OOC were listed. DRC therefore feels that it is now reasonable to initiate
an elevated monitoring frequency (quarterly POOC sampling) based on a single
exceedence. These changes are consistent with Utah Administrative Code R317-6-
6.16(A).
168 North 1950 West • Salt Uke City, UT
Mailing Address: P.O. Box 144850 • Salt Lake City, UT 84114-4850
Telephone (801} 536-4250 • Fax [phone] • T.D.D. [phone]
www.deq.utah.fiOv
Printed on 100% recycled paper
Chuck Wentz
Rio Algom License Amendment No. 3
Page 2
5) Condition 53.1. which required submission of well completion reports and the
establishment of a target action level for well LW-1 was deleted since this was
completed and closed by DRC by letter dated February 15, 2007 as well as per this
letter and License amendment.
If you have questions or concems regarding this letter or the attached documents, please contact
Tom Rushing at [phone]. Thank you.
Sincerely,
UTAH RADIATION CONTROL BOARD
Dane L. jpinerfrock. Executive Secretary
DLF/LM/TR/tr
Enclosures: Final License Amendment 3 UT 1900481, Technical Evaluation Report for Amendment 3
cc: Billy Ray, Rio Algom Mining (w/enclosures)
Terry Fletcher, Rio Algom Mining (w/enclosures)
Richard Bush, Department of Energy, Office of Legacy Mangement, 2597 B % Road, Grand Junction, CO 81503 (w/encIosures)
F:\Rio Algom - LisbonXLicense Amendment 3 - LW-1\2010 UT 1900481 Rio Amendment Transmittal 2.doc
Technical Evaluation Report RML UT 19000481 Amendment 3
Page 1 of 4
StateofUtah
Division of Radiation Control
Technical Evaluation Report
For Request to Amend
Radioactive Materials License
Date:
License:
Licensee:
Facility:
Amendment Request
Submittal Date:
February 2, 2010
UT1900481
Rio Algom Mining L.L.C.
Lisbon Operations, San Juan County, Utah
I.
February 12, 2009, Received by DRC March 16, 2009
INTRODUCTION AND BACKGROUND
Under cover letter dated February 12, 2009 and received by DRC on March 16, 2009, Rio
Algom Mining submitted a proposal for establishment of a a Proposed Action Level of
0.028 mg/L for dissolved uranium in monitoring well LW-1 at the Lisbon Operations site
in San Juan County, Utah. Approval of the proposed action level requires revision to
License Condition 53.
The February 12, 2009 submittal includes an attachment from WorleyParsons (Robert L.
Lewis P.G.) which details the statistical evaluation of the ground water well LW-1
background data used to generate the Proposed Action Level. The WorleyParsons
document is an updated version, in response to a Febmary 2, 2009 DRC Request for
Additional Information, which requested the statistical evaluation ofthe background data
to support the Proposed Action Level.
IL DESCRIPTION OF AMENDMENT REQUEST SUMMARY AND CONCLUSIONS
1. The licensee has proposed a target action limit for dissolved uranium at
ground water well LW-1 under cover letter dated Febmary 12, 2009 and
Received by DRC on March 16, 2009. The request also includes a statistical
review of background data under cover dated March 6, 2009 by
WorleyParsons.
Technical Evaluation Report RML UT 19000481 Amendment 3
Page 2 of 4
DRC Response
The amendment request is centered on Rio Algom development of a Proposed Target
Action Level for Trend Well LW-1. A timeline of the correspondence is below.
1. December 4, 2008 (Red.) — l" Rio Algom Request for a Target Action Level at
Ground Water Well LW-1
2. February 2, 2009 - DRC Request for Additional Information Letter. Specifically
Requesting Statistical Evaluation of the LW-1 Background Data and development
of a Target Action Level through Mean -I- 2 Standard Deviations or Groundwater
Modeling.
3. March 16, 2009 (Red.) - Rio Algom response to the DRC Request for Additional
Information including statistical evaluation of the LW-1 background data and
development of a Target Action Level using mean + 2 standard deviations.
Includes a document dated March 6, 2006 by WorleyParsons detailing the LW-1
data evalutation.
Review of Statistical Evaluation in the WorleyParsons March 6, 2009 Document
Per DRC review, WorleyParsons used the Shapiro-Wilk Test - Calculates statistic (W) to
demonstrate normal data distribution, and calculated both the raw statistics and natural
log transformed statistics.
In the Febmary 2, 2009 DRC letter the use of the Shapiro-Wilk test was specifically
recommended. Per these letters, DRC recommended that the July, 1992 Statistical
Analysis of Groundwater Monitoring Data at RCRA Facilities, Addendum to Interim
Final Guidance, Office of Solid Waste, Permits and State Programs Division, U.S.
Environmental Protection Agency (EPA Guidance) be used as a guide when
administering the test. DRC review of the WorleyParsons Document confirms that the
Shapiro-Wilk test of normality has been employed per the EPA guidance.
DRC review of the statistical calculations comprised review of the data populations used,
including verification that potential outliers and duplicate results had been culled from
the data set. DRC reviewed the data and summary for each well and it appeared that the
data sets had been appropriately reviewed and culled and that 9 original background
samples were used to develop the proposed Target Action Level.
DRC confirmed, through cross check calculation that the uranium value was correctly
obtained. Specifically, DRC cross checked the following calculations using natural log
transformed data:
J. Mean and Standard Deviation values,
2. Selection of coefficients from EPA Guidance Table A-1,
3. Calculation of W Statistic,
Technical Evaluation Report RML UT 19000481 Amendment 3
Page 3 of 4
4. Selection of critical values (Percentage Points) from EPA Guidance Table A-2
(95* Percentile was used per DRC review),
5. Confirmation that W was above the critical value indicating normal distribution
(per the In-transformed data set).
The natural log transformed data was used since WorleyParsons found that the non-
transformed data did not produce a W statistic above the test critical value. These
methods are defined in the EPA Guidance. It was noted that Worley Parsons used a
computer program to analyze the data (US EPA ProUCL 4.00.02). Per DRC findings the
calculated W statistics were comparable between DRC and Rio Algom, and in both cases,
DRC and Rio Algom, the obtained W values calculated from the transformed data were
above the critical test values indicating a likelihood of normal distribution. A copy of the
DRC hand written calculations are attached to this document.
DRC reviewed all tables within the WorleyParsons document to insure that the W values
reported were high and were above the Table A-2 "point values." Per the review all W
values passed the test for normal distribution.
Comparison of Proposed Target Acton Level with the State Water Quality Standard
The Rio Algom proposed target action level in the Rcvd. March 16, 2009 letter is 0.028
mg/L. This concentration was calculated in compliance with the Utah Administrative
Code R317-6-4 by generating a target level based on background -i- 2 standard deviations.
The generated value is below the standard for uranium (0.030 mg/L) and is supported by
an adequately tested background data set.
DRC Conclusion
Since the evaluation of the background data appears to follow a normal distribution and
since the calculated target action level mean + 2 standard deviations is below the state
standard for uranium, the license will be modified to include the proposed target
background concentration at monitoring well LW-1 (0.028 mg/L).
III. ADDITIONAL LICENSE MODIFICATIONS
DRC noted that in association with the License modifications to include a target action
level for uranium at LW-1, a few items in the current license are no longer valid since
they have been completed or since the time-frames are no longer reasonable.
Specifically, the following three items will be modified with amendment 3:
1. Table 4, Condition 53.G. was deleted. This table specified that ground water
monitoring would be done quarterly until the last quarter of 2007.
2. Condition 53.C. was updated to include a Probable Out of Compliance status
which requires Rio Algom to increase monitoring frequency to quarterly for
any (one) sample exceeding contaminant concentrations. OOC is still defined
as two consecutive exceedences of contaminant concentrations. This is
Technical Evaluation Report RML UT 19000481 Amendment 3
Page 4 of 4
deemed necessary since the facility is currently in semi-annual monitoring and
will sample annually starting in year 2012. This means that in order to verify
the OOC status from here forward would entail a full year (or 2 years starting
2012) if only the definition of OOC were hsted. DRC therefore feels that it is
now reasonable to initiate an elevated monitoring frequency (quarterly POOC
sampling) based on a single exceedence. These changes are consistent with
Utah Administrative Code R317-6-6.16(A).
3. Condition 53.1. which required submission of well completion reports for well
LW-1 was deleted since this was completed and closed by DRC by letter
dated Febmary 15, 2007 and since the other requirement of this condition, the
development of a target action level at well LW-1 is being addressed with this
License amendment.
F:\Rio AlgomXLicense Amendment 3 - LW-1\2009 UT 1900481 -RlO Amendment 3 TER Final.doc
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UTAH DEPARTMENT OF ENVIRONMENTAL QUALITY
DIVISION OF RADIATION CONTROL
RADIOACTIVE MATERIAL LICENSE
Pursuant to Utah Code Annotated, Title 19, Chapter 3 and the Utah Radiation Control Rules, Utah
Administrative Code R313, and in reliance on statements and representations heretofore made by the
licensee designated below, a license is hereby issued authorizing such licensee to transfer, receive,
possess and use the radioactive material designated below; and to use such radioactive material for
the purpose(s) and at the place(s) designated below. This licensee is subject to all applicable rules,
and orders now or hereafter in effect and to any conditions specified below.
LICENSEE
1. Name Rio Algom Mining, Limited
Liability Company
2. Address Rio Algom Mining LLC
POBox 218
Grants, NM 87020
3. License Number UT 1900481
Amendment 3
4. Expiration Date
Until Terminated
5. License Category 2-b
Radioactive material
(element and mass
number)
Natural Uranium
Chemical and/or
physical form
Any
Maximum quantity
licensee may possess
at any one time
Unlimited
•t^ ?P yfi *jC ?|C 5p 3^ 5jC sfZ ?fC rfC ?p JJC 5JC I)|C y^ 5(C ifi 5ji DfC ^JC ^ ?fC 5fC #f* ^ ^ 3jC Zft ^ 3fC ^ Dj^ 5J( 5jC SfC ?|C Z^ SjC3|i ifS 5jC ^ 5(C 3jC 5|C ?(C 3(C ?|C *'|C 5p rjc 3fC DjC Jf* 3f*2fC #^€ SjC *^ SJC 5JC JjC 3jC 3fC 3|C 7|C rfC«f« 3fC 3p 3^C 5p ?JC 5|C JJC 3^ ?J^ J|C 3fC 3fC
9. Authorized place of use: The licensee's former uranium milling facility located in San Juan
County, Utah.
10. The licensee is hereby authorized to possess 1 le.(2) byproduct material in the form of uranium
waste tailings and other byproduct materials generated by the licensee's milling operations, as
defined by Nuclear Regulatory Commission (NRC) Regulations, Code of Federal Regulations
(CFR), Title 10, Part 20, Section 20.103 and the Utah Administrative Code (UAC) Section
R313-12-3.
11. The licensee shall conduct activities in accordance with statements, representations, and
conditions contained in the Licensee's NRC renewal application dated December 1982, as
modified by July 2, 1992, and December 16, 1992 submittals to the NRC, except where
superseded by modifying license conditions herein.
The Licensee shall comply with Section 6.0 ofthe license renewal application containing the
emergency procedures to be followed in the event of an accident [as modified in the
DRC-03
Page 2 of 14
UTAH DIVISION OF RADIATION CONTROL
RADIOACTIVE MATERIALS LICENSE
SUPPLEMENTARY SHEET
License # UT 1900481
Amendment 3
supplement submitted to the NRC by letter dated May 31,1985]. Updating specific names and
telephone numbers shall not require this Utah-issued license to be amended.
[Applicable NRC Amendments: 3, 9, 15, 16, 40, 42, 57]
12. DELETED by NRC Amendment No. 40.
13. DELETED by NRC Amendment No. 40.
14. The Licensee shall comply with the posing requirements specified within 10 CFR 20 1902 as
incorporated by reference UAC R 313-15-902(5) until the final institutional controls and
permanent markers have been erected as required by the September 2004, Draft Office of
Legacy Management Long-Term Surveillance Plan for the Lisbon Valley, Utah (UMTRCA
Title n) Disposal Site, (DOE-LM/G-J696-2004).
[Applicable UDRC Amendment: 1]
[Applicable NRC Amendment: No. 57]
15 The results of sampling, analyses, surveys and monitoring; the results of calibration of
equipment; reports on audits and inspections; all meetings and training courses required by this
license; and any subsequent reviews, investigations, and corrective actions, shall be
documented. Unless otherwise specified by the Executive Secretary, all such documentation
records shall be maintained for a period of at least five (5) years.
16. DELETED by NRC Amendment No. 40.
17. DELETED by NRC Amendment No. 40.
18. DELETED by UDRC Amendment: 1
19. DELETED by NRC Amendment No. 57.
20. In order to ensure that no disturbance of cultural resources occurs in the future, the licensee
shall have an archaeological and historical artifact survey of areas of its property, not
previously surveyed, performed prior to their disturbance, including borrow areas to be used
for reclamation cover. These surveys must be submitted to the Executive Secretary and no
such disturbance shall occur until the licensee has received authorization from the Executive
Secretary to proceed.
In addition, all work in the immediate vicinity of any buried cultural deposits unearthed during
the disturbance of land shall cease until approval to proceed has been granted by the Executive
Secretary.
DRC-03
Page 3 of 14
UTAH DIVISION OF RADIATION CONTROL
RADIOACTIVE MATERIALS LICENSE
SUPPLEMENTARY SHEET
License # UT 1900481
Amendment 3
21. The licensee shall conduct an annual survey of land use (private residences, grazing areas,
private and public potable water and agricultural wells, and non-residential stmctures and uses)
in the area within five kilometers (3.1 miles) ofthe site property boundary and submit a report
of this survey to the Executive Secretary. The report shall be submitted on or before December
31 annually. This report shall indicate any differences in land use from that described in the
last report including the following: 1) providing references and/or a description of methods
utilized to obtain information included in the report; 2) listing all water wells, owners,
approved use, and contact information within the specified search radius; and 3) including
information on an updated land use map to be included with the report.
[Apphcable UDRC Amendment: 1]
22. The results of all environmental monitoring required by this license shall be reported in
accordance with UAC R313-24 (10 CFR 40, Section 40.65 incorporated by reference) using
the NRC Form 484 "Sample Format for Detection Monitoring Data Report". All groundwater
monitoring will be reported in accordance with License Condition 53. The reports shall be
transmitted to the Executive Secretary.
[Applicable UDRC Amendment: 1]
[Applicable NRC Amendment: 57, 66]
23. DELETED by NRC Amendment No. 40.
24. The Licensee shall comply with notification requirements of UAC R313-15 (10 CFR 20 as
incorporated by reference). Incident and event notifications that require telephone notification
shall be made to the Executive Secretary at [phone] during normal business hours or
after hours to the DEQ Duty Officer at [phone].
[Applicable UDRC Amendment: 1]
[Applicable NRC Amendment: 57]
25. Pursuant to UAC R313-24-3, before any license renewal, major amendment, or prior to
engaging in any activity not previously assessed in the license application, subsequent
approvals, amendments, or as modified by this license, the Licensee shall prepare and record an
environmental analysis of such activity(s), describing the proposed action, a statement of its
purposes and the environment affected. The environmental report shall present a discussion of
the following: (a) an assessment ofthe radiological and nonradiological impacts to the public
health from the activities to be conducted pursuant to the license or amendment; (b) an
assessment of any impact on waterways and groundwater resulting from the activities
conducted pursuant to the license or amendment; (c) consideration of altematives, including
altemative sites and engineering methods, to the activities to be conducted pursuant to the
license or amendment; and (d) consideration of the long-term impacts including
decommissioning, decontamination, and reclamation impacts, associated with activities to be
DRC-03
Page 4 of 14
UTAH DIVISION OF RADIATION CONTROL
RADIOACTIVE MATERIALS LICENSE
SUPPLEMENTARY SHEET
License # UT 1900481
Amen(iment 3
conducted. The licensee shall obtain Executive Secretary-approval in the form of a license
amendment.
[Applicable UDRC Amendment: 1]
26. DELETED by NRC Amendment No. 40.
27. The licensee shall have 30 days from the signatory date of this license to submit financial
surety documents for Executive Secretary approval consistent with UAC R313-24-4 (10 CFR
40, Appendix A, Criterion 9 and 10 incorporated by reference), adequate to cover the
estimated costs, if accomplished by a third party, for completion of the Executive Secretary-
approved reclamation/decommissioning plan including; decommissioning and
decontamination of the mill and mill site, reclamation of any tailings or waste disposal areas,
ground-water restoration as warranted, and the long-term surveillance fee. Within 3 months of
Executive Secretary-approval of a revised reclamation/decommissioning plan, the licensee
shall submit for Executive Secretary review and approval, a proposed revision to the financial
surety arrangement if estimated costs in the newly approved plan exceed the amount covered in
the existing financial surety. The revised surety shall then be in effect within 3 months of
written Executive Secretary approval.
Annual updates to the surety amount, required by UAC R313-24 (10 CFR 40, Appendix A,
Criteria 9 and 10, as incorporated by reference), shall be submitted to the Executive Secretary
by June 30 of each year. Along with each proposed revision or annual update, the licensee
shall submit supporting documentation showing a breakdown ofthe costs and the basis forthe
cost estimates with adjustments for inflation, maintenance of a minimum 15 percent
contingency fee, changes in engineering plans, activities performed, and any other conditions
affecting estimated costs for site closure. The basis for the cost estimate is the Executive
Secretary approved reclamation/decommissioning plan or Executive Secretary approved
revisions to the plan.
The licensee's approved surety. Irrevocable Letter of Credit issued by the Imperial Bank of
Commerce, New York Branch, in favor of the Executive Secretary, shall be continuously
maintained in an amount no less than $2,214,366 for the purpose of complying with UAC
R313-24, until a replacement is authorized by the Executive Secretary.
[Applicable UDRC Amendment: 1]
[Apphcable NRC Amendments: 18, 22, 26, 33, 38, 45, 49, 51, 52, 54, 56, 58, 60, 62, 63, 64,
66]
28. Prior to termination of this license, the licensee shall provide for transfer of title to byproduct
material and land, including any interests therein (other than land owned by the United States
DRC-03
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UTAH DIVISION OF RADIATION CONTROL
RADIOACTIVE MATERIALS LICENSE
SUPPLEMENTARY SHEET
. License # UT 1900481
Amendment 3
or the State of Utah), which is used for the disposal of such byproduct material or is essential
to ensure the long term stability of such disposal site to the United States or the State of Utah.
29. DELETED by NRC Amendment No. 61.
30. DELETED by NRC Amendment No. 57.
31. DELETED by NRC Amendment No. 40.
32. DELETED by NRC Amendment No. 40.
33. Written operating procedures shall be established for activities involving radioactive materials
and will include monitoring, bioassay analyses, instrument calibrations, and emergency
response. All written procedures required by this Condition shall be reviewed and approved in
writing by the Radiation Safety Officer (RSO) before implementation and whenever a change
in procedure is proposed to ensure that proper radiation protection principles are being applied.
In addition, the RSO shall perform a documented review of all existing operating procedures
at least annually.
[Applicable UDRC Amendment: 1]
[Applicable NRC Amendments: 40]
34. DELETED by NRC Amendment No. 40.
35. DELETED by NRC Amendment No. 40.
36. DELETED by NRC Amendment No. 40.
37. DELETED by NRC Amendment No. 40.
38. The licensee shall be required to use a Radiation Work Permit (RWP) issued by the RSO or
designee for work or nonroutine maintenance jobs where the potential for exposure to
radioactive material exists and for which no written procedures exist. The RWP shall at least
describe the following:
A. The scope of the work to be performed.
B. Any precautions necessary to reduce exposure to uranium and its daughters.
C. The supplemental radiological monitoring and sampling necessary before, during, and
following completion of the work.
DRC-03
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UTAH DIVISION OF RADIATION CONTROL
RADIOACTIVE MATERIALS LICENSE
SUPPLEMENTARY SHEET
License #UT 1900481
Amendment 3
39. To ensure continued good radiation safety practices, the RSO or designee shall conduct
monthly documented inspections of all active work areas in accordance with the program
elements specified in Section 5.1.3 ofthe renewal application.
[Applicable NRC Amendments: 9, 15, 40]
40. The licensee shall submit a copy of the report documenting an annual ALARA audit committed
to in Section 5.1.4 of the renewal application as modified by letter dated November 20,1987.
Submittals required by this condition shall be submitted to the Executive Secretary within one
month of completion of the report.
[Applicable NRC Amendments: 15, 40]
41. All workers shall be provided on-the-job training on the radiation safety aspects of the job to be
performed prior to beginning work activities and annually thereafter. The on-the-job training,
as well as all other training committed to in Section 5.3 of the renewal application, shall be
documented.
[Applicable NRC Amendments: 40]
42. DELETED by NRC Amendment No. 57.
43. The licensee shall perform and document function checks of the alpha survey meters prior to
their use.
44. DELETED by UDRC Amendment: 1
45. The licensee shall comply with the following:
A. DELETED by NRC Amendment No. 24.
B. A spillway channel shall be constructed in the left abutment of the lower tailings dam, as
located in the licensee's April 10, 1992, submittal. The spillway shall have a 30-foot
bottom width, 2H:1V side slopes and a crest elevation of 6645 feet.
C. DELETED by NRC Amendment No. 37.
D. DELETED by NRC Amendment No. 30.
E. DELETED by NRC Amendment No. 24.
F. DELETED by NRC Amendment No. 57.
DRC-03
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UTAH DIVISION OF RADIATION CONTROL
RADIOACTIVE MATERIALS LICENSE
SUPPLEMENTARY SHEET
License #UT 1900481
Amendment 3
G. Runoff from the upper tailings shall be diverted into the diversion ditch according to the
methods described in the licensee's October 11, 1991, submittal. COMPLETE
[Applicable UDRC Amendment: 1]
H. The evaporation pond on the upper impoundment shall be operated with a minimum
freeboard of 2 feet in accordance with the licensee's August 15, 1990, submittal.
COMPLETE
[Applicable UDRC Amendment: 1]
I. The evaporation pond on the lower tailings pond shall be constructed in accordance with
the licensee's Febmary 3, and April 16, 1992, and Febmary 24, 1993, submittals. The
lower evaporation pond shall be operated with a minimum freeboard of 2 feet in
accordance with the licensee's Febmary 3, 1992, submittal. COMPLETE
[Applicable UDRC Amendment: 1]
J. DELETED by NRC Amendment No. 53.
K. A constmction report for the lower evaporation pond and as-built drawings of the upper
and lower evaporation ponds shall be submitted to NRC within 3 months of completion
of constmction of the lower evaporation pond. COMPLETE
[Applicable UDRC Amendment: 1]
[Applicable NRC Amendments: 13, 14, 17, 21, 24, 25, 28, 30, 37, 43, 46, 50, 53, 57]
46. DELETED by NRC Amendment No. 40.
47. DELETED by NRC Amendment No. 40.
48. DELETED by NRC Amendment No. 40.
49. DELETED by NRC Amendment No. 40.
50. DELETED by UDRC Amendment: 1
51. DELETED by NRC Amendment No. 57,
52. The licensee shall reclaim the tailings disposal area in accordance with the June 16,1989, and
March 4, 1992, submittals as revised by submittals dated August 16, 1989, March 13, 1992,
August 14, 1992, November 17, 1992, November 18, 1992, November 20, 1992, April 1,
1993, and April 2, 1993, with the following exceptions:
A. The licensee shall submit for NRC review and approval, the settlement data that
demonstrate that 90 percent of the expected settlement is complete. COMPLETE
DRC-03
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UTAH DIVISION OF RADIATION CONTROL
RADIOACTIVE MATERIALS LICENSE
SUPPLEMENTARY SHEET
License #UT 1900481
Amendment 3
[Applicable UDRC Amendment: 1]
B. The licensee shall submit for Executive Secretary review and approval, data that confirm
that the average depth of the stabilization layer below the evaporation ponds is equal to
or greater than the average stabilization depth used in the modeling before constmcting
the remaining barrier.
C. The licensee shall submit to the NRC by January 1, 1994, a plan to verify that the in
place cover has not experienced excessive erosion or defects after it has been
demonstrated that settlement is complete and before the radon barrier is considered final.
The proposed plan must include a field testing program which contains a method to
ensure that the appropriate minimum depths of clay and silt are in place over the disposal
area. COMPLETE
[Apphcable UDRC Amendment: 1]
D. The licensee shall provide an analysis of the results of the testing program required in
Section C above to verify the design conditions with respect to radon attenuation. The
analysis shall be provided for Executive Secretary review and approval.
E. DELETED by NRC Amendment No. 57.
F. The licensee shall implement the erosion protection design submitted to the NRC on
September 3, 2002, supplements dated March 1, 2004, and in accordance with the
following conditions:
(1) DELETED by NRC Amendment No. 67.
(2) DELETED by NRC Amendment No. 67.
(3) DELETED by NRC Amendment No. 67.
(4) DELETED by NRC Amendment No. 67.
(5) DELETED by NRC Amendment No. 67.
(6) DELETED by NRC Amendment No. 67.
(7) DELETED by NRC Amendment No. 67.
(8) DELETED by NRC Amendment No. 67.
(9) DELETED by NRC Amendment No. 67.
(10) The licensee shall perform rock durability and gradation testing at the frequency
recommended in the NRC issued guidance NUREG-1623, Design of Erosion
Protection for Long-Term Stabilization, as amended, with the exception that if rock
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UTAH DIVISION OF RADIATION CONTROL
RADIOACTIVE MATERIALS LICENSE
SUPPLEMENTARY SHEET
License # UT 1900481
Amendment 3
quantities for any size riprap are 5000 cubic yards or less, two gradation tests at the
1/3 and 2/3 points of placement are acceptable.
(11) The licensee shall perform tests to verify that the bedrock formation in the lower
dam spillway and diversion channels is sufficiently competent to resist erosion.
Erosion resistant bedrock shall be determined by refusal of a power augur drilling
vertically, using a carbide steel bit. Tests will be performed on a maximum of 20-
foot centers. Alternatively, if the licensee can document that the bedrock is
massive and relatively uniform, testing on 50-foot centers shall be acceptable.
(12) The licensee shall provide a program for inspecting the filter and riprap layers to
assure proper sizing and gradation. The program shall include a procedure for
measuring the thicknesses of the in place rock on a minimum 50-foot grid system
and at any and all locations that do not appear to meet the specifications.
G. All of the reclamation plan requirements shall be incorporated into a single document and
provided to the Executive Secretary no later than 3 months after Executive Secretary
approval of the erosion protection design. This document shall contain only the plans
and specifications that will be used to construct the reclamation plan.
H. A completion report including as-built drawings, verifying that reclamation of the-site
has been performed according to the approved plan, must be provided within 6 months of
the completion of constmction. The report must also include summaries of results ofthe
quality assurance and control testing to demonstrate that the approved specifications
were met. The completion report and drawings shall be certified by a Utah-licensed
Professional Engineer.
[Applicable UDRC Amendment: 1]
[Applicable NRC Amendments: 4, 6, 7, 8, 44, 47, 53, 55, and 67]
53. The licensee shall implement a ground water compliance monitoring program containing the
following:
A. Monitor background wells MW-5 and MW-13; trend wells EF-6, RL-1, RL-3, EF-8, ML-
1, H-63, and LW-1; point of compliance (POC) wells EF-3A and OW-UT-9; and point of
exposure (POE) wells RL-4, RL-5, and RL-6 for uranium, molybdenum, selenium,
arsenic, pH, total dissolved solids, chloride, sulfate, bicarbonate, and water levels (depth
to groundwater and groundwater elevation). Monitoring will occur in accordance with
the monitoring schedule in 53.G.
1. The north aquifer background concentrations (in mg/L) for MW-5 are: arsenic = 0.05,
molybdenum = 0.07, selenium = 0.01, and uranium = 0.01.
DRC-03
Page 10 of 14
UTAH DIVISION OF RADIATION CONTROL
RADIOACTIVE MATERIALS LICENSE
SUPPLEMENTARY SHEET
License # UT 1900481
Amendment 3
The south aquifer background concentrations (in mg/L) for MW-13 are: arsenic = 0.066,
molybdenum = 0.05, selenium = 0.01, and uranium = 0.02.
[Applicable NRC Amendments: 59, 66]
B. Protect ground water quality at the facility for at least 200 years (thm year 2205) by
maintaining contaminant concentrations in each well equal to or below the maximum
concentrations specified in Tables 1, 2, and 3 of this License, except as provided under
License Condition 53.C.
Mvl^fW
EF-3A
OW-UT-9
l#l^fii^ii-#l-?
Molybdenum = 23.34
Selenium = 0.93
Arsenic = 3.06
Molybdenum = 58.43
Selenium = 0.10
Arsenic = 2.63
;^|#^fif%i^r..
96.87
101.58
^^4::r:0: ^m-' t W'
RL-4
RL-5
RL-6
^ f fl k^ I'c ijrsiia^^ -. '"til'i^:" • : %•• • >'
0.32^
0,32'
0.32'
*|- •
^y,-:;i * WeU'-^. *^-*r
EF-6
EF-8
ML-1
RL-1
RL-3
H-63
LW-1
i •••^- -i-^- :>•.•••?- .%Uifaiiiiim'a!i[^etficlM)naS^J^ (ms/Ly-^.;.'W '*|S*r5 .• .I^'''^
3.9'
0.30=
0,26^
42.1*
37.3"
0.06"
0.028^
ACLs represent the 95-percent upper confidence limit of historical sampling data from 1990 through 2003, with the
exception of selenium in OW-UT-9, which is based on the Health Risk Concentration Limit'(see page 60 of Response
to Request for Additional Infonnation (RAI) (Komex, October 13, 2003)). These values only apply to wells located in
the area of greatest impact (EF-3A and OW-UT-9).
Compliance Limits are based on contaminant transport model predictions, as found in the February 2004 dose
assessment used to support the ACL Application (Application for Altemate Concentration Limits Source Materials
License SUA-1119, RAMC Lisbon Facility, La Sal, Utah, Lewis Water Consultants, Inc., March 1, 2001). These
levels apply to POE wells that are projected to become impacted in the future (RL-4, RL-5, and RL-6).
DRC-03
Page 11 of 14
UTAH DIVISION OF RADIATION CONTROL
RADIOACTIVE MATERIALS LICENSE
SUPPLEMENTARY SHEET
License # UT 1900481
Amendment 3
Target Action Levels are based on the contaminant transport model predictions, as found in the Best Estimate
Concentration Curve in 200 years as presented on Figures 2-10 in the Long-Term Groundwater Monitoring Plan
(Komex, Febmary 19, 2004) for wells with increasing predicted uranium concentration trends in 200 years (EF-6, EF-
8, and ML-1).
; .
Target Action Levels are based on contaminant transport model predictions as represented by the Best Estimate
Concentration Curve as presented on Figures 2-10 in the Long-Term Groundwater Monitoring Plan (Komex, February
19, 2004) for wells with decreasing predicted uranium concentration trends in 200 years (RL-1, RL-3, and H-63).
Wells predicted by Licensee to have a decreasing contaminant concentration trend with time.
Wells predicted by Licensee to have an increasing contaminant concentration trend time; with the exception of well H-
63 which was predicted to have an increasing trend, followed by a decreasing concentration.
Target Action Level for ground water well LW-1 is based on the Proposed Action Limit Letter from Rio Algom to
DRC dated February 12, 2009 and received by DRC on March 16, 2009. The letter includes an attachment from
Worley Parsons which provides the statistical analysis of 9 background monitoring results (Shapiro-Wilk Normality
Test and development of the target action level by calculation of mean + 2 standard deviations.
I. Probable out of compliance status (POOC) is defined as any one sample analysis result in
excess of any contaminant concentration specified in Tables 1, 2, or 3 of this license. If a
POOC event occurs the licensee shall:
(1) Notify the Executive Secretary of the POOC status within 30 days of the initial
detection (receipt of data);
(2) Initiate quarterly ground water sampling for the exceeded parameters in the well
indicating the exceedence, unless the Executive Secretary detemiines that other
periodic sampling is appropriate, for two quarters or until the compliance status of
the facility can be determined.
Out of compliance status (OOC) is defined as two consecutive exceedences of any
contaminant concentration specified in Tables 1,2 or 3 of this license in any well. If an out
of compliance event occurs, the licensee shall:
(1) Verbally notify the Executive Secretary within 24 hours of discovery of the event;
followed by a written notice within 5 days of verbal notification;
(2) Initiate monthly ground water sampling for the exceeded parameter in the well
indicating the exceedence unless the Executive Secretary determines that other
periodic sampling is appropriate, until the event is resolved to the Executive
Secretary's satisfaction;
DRC-03
Page 12 of 14
UTAH DIVISION OF RADIATION CONTROL
RADIOACTIVE MATERIALS LICENSE
SUPPLEMENTARY SHEET
License # UT 1900481
Amendment 3
(3) Prepare and submit within 30 days of discovery a plan and schedule to evaluate and
assess the source of the exceedence and possible actions needed to restore and
maintain compliance with License Condition 53.B. Such actions may include, but
are not limited to:
a. Re-evaluation of the ground water flow and contaminant transport models used to
set the compliance limits and target action levels;
b. Additional site investigation and characterization, and investigation of potential
contamination sources; and
c. Active ground water remediation as deemed necessary by the Executive Secretary.
D. DELETED by NRC Amendment No. 66.
E. DELETED by NRC Amendment No. 66.
F. The Licensee shall comply with all requirements found in the Utah Ground Water
Quality Protection Rules (UAC R317-6).
G. Submit, for Executive Secretary approval. Ground Water Monitoring Reports in
accordance with the following sampling and reporting schedule:
Semi-Annual Sample Period
First
Second
Period
January - June
July - December
Report Due Date
September 1
March 1
Annual Sample Period
Annusil
Period
January - December
Report Due Date
March 1
Failure to submit the reports by the due date shall be deemed as noncompliance with this
license. Said monitoring reports shall include, but are not limited to, the following
minimum information:
(1) Sampling Methodology
(2) Field Parameter Measurements
(3) Laboratory Information, the lower limit of detection shall be lower than the ACL
DRC-03
Page 13 of 14
UTAH DIVISION OF RADIATION CONTROL
RADIOACTIVE MATERIALS LICENSE
SUPPLEMENTARY SHEET
License # UT 1900481
Amendment 3
(4) Data Evaluation
(5) Figures - Groundwater Contour Map, Uranium Concentration versus the Predicted
Concentration for compliance wells, Isoconcentradon Map for each of the following
consdtuents: arsenic, molybdenum, selenium, and uranium.
(6) Data Tables summarizing recent and historic monitoring data
(7) Concentration vs. Time Plots for compliance wells
(8) Appendices -copies of field measurements, laboratory analytical reports and chain-of-
custody documentation shall be included
H. The licensee shall provide written notification to the Executive Secretary a minimum of
30 days before installation of borings or wells that could potentially intercept the shallow
groundwater contaminant plume.
54. In accordance with submittals dated Febmary 21, March 31, May 19, September 28,1989, and
January 10,1990, the licensee is authorized to dispose of a maximum of 70,000 cubic yards of
coal ash, contaminated mill wastes, soil, waste rock, and Bisco Lake sediment within the
location shown in the licensee's March 31, 1989, submittal. Materials will be disposed of
according to procedures described in the March 31, 1989, submittal. The disposal shall be
completed by March 31, 1991, and shall be documented. COMPLETE
[Apphcable UDRC Amendment: 1]
[Apphcable NRC Amendments: 2, 5, 11, 16, 23, 24, 25, 31, 57]
55. The licensee shall complete site reclamation in accordance with an approved reclamation plan.
The ground-water compliance monitoring plan shall be conducted as authorized by License
Condition No. 53 in accordance with the following schedule.
A. To ensure timely compliance with target completion dates established in the
Memorandum of Understanding with the Environmental Protection Agency (56 FR
55432, October 25, 1991), the licensee shall complete reclamation to control radon
emissions as expeditiously as practicable, considering technological feasibility, in
accordance with the following schedule:
(1). Windblown tailings retrieval and placement on the pile - September 30, 1993.
COMPLETE
(2) Placement of the interim cover to decrease the potential for tailings dispersal and
erosion - December 31, 1992. COMPLETE
(3) Placement of final radon barrier designed and constructed to limit radon emissions
to an average flux of no more than 20 pCi/m^ sec above background - December
DRC-03
Page 14 of 14
UTAH DIVISION OF RADIATION CONTROL
RADIOACTIVE MATERIALS LICENSE
SUPPLEMENTARY SHEET
License #UT 1900481
Amendment 3
31, 1996, for areas not covered by the evaporation ponds and by December 31,
2014 for the area under the evaporation ponds.
[Applicable UDRC Amendment: 1]
B. Reclamation, to ensure required longevity of the covered tailings and ground-water
protection, shall be completed as expeditiously as is reasonably achievable, in accordance
with the following target dates for completion:
(1) Placement of erosion protection as part of reclamation to comply with UAC R313-
24 (10 CFR Part 40 Criterion 6 of Appendix A, incorporated by reference). Target
completion date is December 31, 2015.
(2) Projected completion of ground-water corrective actions to meet performance
objectives specified in the ground-water corrective action plan, as amended by
subsequent submittals. Target completion date is December 31, 2015.
COMPLETE
[Apphcable UDRC Amendment: 1]
C. Any license amendment request to revise the completion dates specified in Section A
must demonstrate that compliance was not technologically feasible (including inclement
weather, litigation which compels delay to reclamation, or other factors beyond the
control of the licensee).
D. Any license amendment request to change the target dates in Section B above must
address added risk to the public health and safety and the environment, with due
consideration to the economic costs involved and other factors justifying the request such
as delays caused by inclement weather, regulatory delays, litigation, and other factors
beyond the control of the licensee. A delay in placing erosion protection due to
inadequate settlement of the tailings is not an acceptable reason for revising Section B(l)
above unless the licensee provides analyses which demonstrate that available practical
methods will not significantly accelerate settlement.
[Applicable NRC Amendments: 41, 44, 57]
UTAH RADIATION CONTROL BOARD
utive Secretary f J Date