DRC-2011-007221 - 0901a0688025ebde

CI2011I 007ans
DENTsoND$$
MINES
rysr*{ecefyed
A{JC 201 |
Fr .Sfyision ofnafiation Controf
3. Condition 9.4D. The current version of the SERP procedure is the version submitted
2007. Accordingly, reference to the original June 1997 version should be changed to
2007 version.
Denison Mines (USA) Corp.
1050 17th Strest, Suite 950
Denver, CO 80265
USA
Tel : [phone]
Fax : [phone]
wuruv. de n ison m ines. com
August 17,2011
VIA E-MAIL AND OVERNIGHT DELIVERY
Mr. Rusty Lundberg
Executive Secretary
Utah Radiation Control Board
Utah Department of Environmental Quality
195 North 1950 West
P.O. Box 144850
Salt Lake City, UT 84114-4850
White Mesa Uranium Mill, Renewal of State of Utah Radioactive Materials License UTl900479
Dear Mr. Lundberg:
Please find enclosed with this letter a copy of the draft renewal Radioactive Materials License No.
UT1900479 (the "License") for the White Mesa Uranium Mill (the "Mill") that was sent to Denison Mines (USA)
Corp. ("Denison") on July 19, 2011, marked to show Denison's suggested changes. For simplicity of
presentation, all of your proposed changes have been accepted in the document, and only our suggested
changes to your draft document are indicated. We will provide you with a copy of the accompanying draft
Safety Evaluation Report, marked to show our suggested changes, under separate cover.
Although we provide a brief explanation of our suggested changes below, we believe that a number of your
proposed changes to the License are best addressed in a meeting with you and your staff in Salt Lake City,
and request that such a meeting be scheduled at your convenience. We would be available to meet any time
Tuesday through Friday next week or any time the following week.
The following a brief explanation of our suggested changes to the draft Renewal License:
1. Condition 4. The License was last renewed by the United States Nuclear Regulatory Commission in
1997 for 10 years, pursuant to SECY-96-112 (issued on May 21, 1996). Denison believes that the License
should be renewed for another 10 years at this time, or to the extent Utah regulations do not allow for such
a term, to the maximum term permitted by Utah regulations.
2. Condition 9.3. The historic tie down letters that are proposed to be deleted from License Condition 9.3
formed the basis for the current License. We believe there may be some provisions in those letters that
continue in force at this time but are not included in the replacement letters listed in that condition. This
needs to be checked.
on February 27,
the February 27,
N:\RadioactiveMaterialsLicense\0TOlll RMLrenewaldraftforreview\LrtoRLundbergreDraftRML6.l6.ll.doc
I
I
I
Letter to Mr. Rusty Lundberg
Comments on License Renewal
August 17,2011
Page2
4. Condition 9.5, first paragraph. See also the discussion under item 13 below. The wording in existing
Condition 9.5 tracks the regulatory requirements in 10 CFR 40, Appendix A, Criteria 9 and 10, as
incorporated by reference in UAC R313-24-4. The proposed additional language is not contemplated in
those regulations. To the extent the proposed language is inconsistent with or goes beyond the applicable
regulatory requirements it should not be added to the License. To the extent it is already covered by the
regulatory provisions it is not necessary. Denison does not believe it is appropriate to add language to the
License to address or restate in different words concepts that are already covered by applicable
regulations, because the added language could be interpreted inconsistently with the existing regulatory
requirements. The License has not in the past and should not now attempt to codify regulatory
requirements.
5. Condition 9.5, new fifth paragraph. The third paragraph of Condition 9.5 states that the basis for the cost
estimate is the current Executive Secretary-approved reclamation/decommissioning plan. The agreed
upon tailings cover system will be described in and form part of the Reclamation Plan, Revision 5.0
required under Condition 9.1 1 . lt is therefore not necessary or appropriate to include the first sentence of
the new fifth paragraph of Condition 9.5. With respect to the second sentence of that paragraph, the first
paragraph of Condition 9.5 provides that the surety must be adequate to cover the estimated costs of
groundwater restoration as warranted (by applicable regulatory requirements). lt is therefore not necessary
or appropriate to include the second sentence of the new fifth paragraph of Condition 9.5. See also the
response in item 13 below. As noted above, Denison does not believe it is appropriate to add language to
the License to address or restate in different words concepts that are already covered by applicable
regulations, because the added language could be interpreted inconsistently with the existing regulatory
requirements. The License has not in the past and should not now attempt to codify regulatory
requirements.
6. Condition 9.6. The SOPS that relate to or have provisions that relate to radiation safety programs,
environmental protection programs, release of materials and other matters specifically directed toward
maintenance of public health, safety and protection of the environment should be considered part of the
License renewal application. Those procedures have been submitted to the Executive Secretary with the
letters referred to in Condition 9.3. Currently, the Mill is required to provide any changed pages to those
procedures to the Executive Secretary annually with the Mill's annual SERP report. However, the Mill is
prepared to provide updated copies of those procedures annually, rather than merely provide changed
pages.
The remainder of the Mill procedures relate primarily to operational matters and are not intended to be a
part of the License renewal application or a part of the public record. The Mill must retain the ability to
change those procedures as required for operational reasons, in accordance with applicable SERP
requirements, in order to be able to properly operate the facility. In addition, for this reason, detailed
operating instructions that do not relate to health and safety matters, are not typically included in Mill
procedures.
Denison does not have a Corporate Radiation Safety Officer, nor is one required under applicable
regulation and guidance.
Denison's suggested changes to the draft License reflect these concepts.
7. Condition 9.10. Denison suggests that the words "as may be amended from time to time" be added to
avoid the need to amend the License in the event DOT regulatory references change in the future.
DENISOJ'II
MINES
Letter to Mr. Rusty Lundberg
Comments on License Renewal
August 17,2011
Page 3
8. Condition 9.11. Denison agrees that a vegetative cover design would be appropriate for Cells 4A and 48
and any future cells. However, Denison does not believe that the Monticello cover design is the most
appropriate model on which to base such a design, for reasons we can discuss in more detail during our
proposed meeting. Reference should also be made to the cover design for DOE's Crescent Junction
facility which may be more appropriate for the Mill. Denison assumes that agreeing to design a vegetative
cover design that is based on an established design will obviate the need for further modeling under Part
1.H.2 of the Mill's Groundwater Discharge Permit ("GWDP'). However, Denison does not believe it is
reasonable to expect that such a vegetative cover design could be completed and submitted to the
Executive Secretary on or before October 1, 2011. December 31,2011 is the earliest reasonable date that
such a submittal could be made.
Denison also agrees that it would be appropriate to retain the existing approved cover design for Cells 1, 2
and 3. However, the proposed dewatering scheme for Cells 1, 2 and 3 described in proposed Condition
9.1 1B(2) is not a viable option and should be eliminated.
In order to address your concerns, Denison proposes that it submit a report by November 30, 2011 that
demonstrates that the existing cover design for Cells 1,2 and 3 is adequate to prevent a bathtub effect (or,
if the existing design is not adequate, that proposes changes to the existing cell design for those cells that
would be adequate). Denison would then submit Reclamation Plan Revision 5.0 by December 31, 2011,
that describes in detail a proposed vegetative cover for Cells 4A and 48. Any changes required to the
existing design for the cover for Cells 1 , 2 and 3 would be included in a Revision 6.0 to the Reclamation
Plan, if the changes are not approved prior to completion of Revision 5.0. Adjustments to the Mill's surety
would be made after approval of Reclamation Plan Rev. 5.0, and, if necessary, Reclamation Plan Rev. 6.0.
9. Condition 9.12. The requirement to perform groundwater sampling under the GWDP is already
addressed under License Condition 11.2(c). There is therefore no need to add Condition 9.12. The GWDP
is self-contained with its own regulatory requirements and enforcement provisions, as is the License.
Attempting to combine the License and GWDP will unnecessarily confuse these two programs, and their
underlying regulatory frameworks.
10. Condition 10.3. Freeboard calculations for Cells 3 and 4A are no longer being performed. Condition
10.38 should be updated to reflect this.
11. Condition 10.5. The required SOP for ISL 11e.(2) disposal has been submitted to the Executive
Secretary for approval. That SOP contemplates disposal of 11e.(2) wastes in Cells other than Cell 3.
Condition 10.5 should be updated to reflect these two points.
12. Condition 10.6. The provisions proposed in Condition 10.6 are alreadycovered in Condition 10.1. The
provisions in Condition 10.1 were carefully worded after numerous meetings between Denison, the
Executive Secretary and the Utah Attorney General's Office. Condition 10.6 is therefore not needed or
appropriate. We agree that the redundant wording in existing Conditions 10.13-10.17 are no longer
needed in light of Condition 10.1 and should be deleted at this time.
13. Condition 10.20. We do not believe that it is appropriate to add Condition 10.20. The obligations of the
licensee to remediate any groundwater contamination caused by the facility are addressed in applicable
regulations. To the extent these obligations are addressed in applicable regulations, it is not appropriate to
attempt to codify the regulations in the License. To the extent these obligations are not covered by
applicable regulations, it is not appropriate to attempt to expand the applicable regulatory requirements in
the License. As stated above, Denison does not believe it is appropriate to add language to the License to
address or restate in different words concepts that are already covered by applicable regulations, because
DENISOOIJMINES
Letter to Mr. Rusty Lundberg
Comments on License Renewal
August 17,2011
Page 4
the added language could be interpreted inconsistently with the existing regulatory requirements. The
License has not in the past and should not now attempt to codify regulatory requirements.
Whether or not any wastewater or contaminated groundwater is 11e.(2) byproduct material is determined
by application of the definition of 11e.(2) byproduct material in the Atomic EnergyAct, as incorporated by
reference in applicable Utah regulations, and not by merely stating so in the License.
We also do not believe it is appropriate to enumerate in the License specific contaminants that are the
subject of an investigation under the State Groundwater Regulations.
14. Condition 11.3. The action level for the leak detection systems ("LDS') in Cells 1,2 and 3 has always
been one gallon per minute (gpm). Under the current provisions, that action level is triggered only if it is
determined that the water in the LDS has originated from the tailings cell. The LDSs for Cells 1 ,2 and 3
have been given no credit in the Mill's GWDP and are not points of compliance in that permit. Instead, the
GWDP required the installation of several additional monitoring wells around and between those cells as
the points of compliance for those cells.
In the absence of background data for the LDS system, it could be difficult to determine whether or not any
solution found in an LDS has originated from the tailings cell. Merely comparing LDS solutions to State
Groundwater Quality Standards ('GWQS") or to a given pH level is not appropriate. Every one of the Mill's
existing compliance monitoring wells has at least one background GWCL that is higher than the respective
GWQS. An application of the criteria in the proposed language in Condition 11.3 would therefore deem all
natural background water found in monitoring wells at the site to be representative of tailings solutions.
It is not clear how natural precipitation or some other natural water source would behave if introduced to a
Cell's LDS system. The concentrations of some constituents in the water may change if exposed to silt or
sands or other materials in the LDS, thereby elevating the concentrations of those constituents above the
respective GWQSs. Therefore, elevated concentrations of some constituents may be attributable to
background or to LDS influences on water that originates from sources other than the tailings solutions.
Further, background field pH at the site has been observed to be well below 5.0 in a number of wells. For
example, TWN-10, which is almost a mile up-gradient from the Mill's tailings cells, has had field pH
readings as low as 2.81 . MW-22, which is located over a mile down-gradient and cross-gradient from the
tailings cells, has had a field pH measurement of 3.6, and TW4-26, which is about a half a mile cross-
gradient from the Mill's tailings cells has had a field pH reading of 3.6.
As a result of the foregoing, and in an effort to address your concerns, Denison has proposed language in
Condition 11.3 that requires that a flow rate be calculated prior to any analysis being done on the solutions
to determine if the flow rate is one gpm or greater. lf the flow rate is less than one gpm, then no further
action, other than continued monitoring of the flow rate, is required. lf the flow rate is one gpm or greater,
then a further analysis would be performed to determine if the solutions originate from the tailings cell.
15. Conditions 11.7 and 11.8. The Settlement Monitoring and Movement (Displacement) Monitoring SOPs
have already been submitted to the Executive Secretary. License Conditions 11.7 and 11.8 are therefore
no longer needed and should be deleted.
16. Condition 12.3. Denison currently monitors at the nearest potential residence (BHV-1) (which is also in
one of the prevailing wind directions), and all of the Mill's effluent concentration limits and modeling are
required to meet the regulatory requirements at the nearest potential residence. Further, the Mill owns the
lands far down-gradient of groundwater flows, and the surrounding lands, other than in the direction of the
DENrsooll
MINES
Letter to Mr. Rusty Lundberg
Comments on License Renewal
August 17,2011
Page 5
nearest potential residence, are owned by BLM and are not likely to result in any significant changes in
land use. Therefore, Denison does not believe that it is necessary to conduct a land use survey annually.
This would be costly, and is not likely to provide any information that would impact Denison's operations or
monitoring programs. However, Denison is prepared to update its land use survey as part of each License
Renewal application, although Denison believes it shouldn't be necessary to extend the survey beyond a
2.5 mile radius from the Mill. A five mile radius would include parts of Blanding and the White Mesa
community which would increase the cost of the survey significantly with little, if any incremental benefit.
Please let me know what times and dates will work for a meeting with you and other DRC staff, and if you have
any questions or require any further information prior to that meeting.
Yours very truly,
Da
Vic-e
cc:Ron F. Hochstein
Harold R. Roberts
Jo Ann S. Tischler
David E. Turk
Kathy A. Weinel
SA) GoRP.
enlund
nt, Regulatory Affairs
DENISOOJJ
MINES
DRC-04
UTAH DEPARTMENT OF ENVIRONMENTAL QUALITY
DIVISION OF RADIATION CONTROL
RADIOACTIVE MATERIALS LICENSE
RENEWAL
Pursuant to Utah Code Ann. Title 19, Chapter 3 and the Radiation Control Rules, Utah Administrative
Code R313, md in reliance on statements and representations heretofore made by the licensee
designated below, a license is herebyissued 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.
*****!F*:F{.*****!FrFrF{c,1.***********:f :F:t(:F*{.************{.rf !F!F*****{(**!F!f :F:F************{.:f *!F*
l. Name
LICENSEE
Denison Mines
(usA)
Corp.
)2. Address 6425 Highway I9l )
P.O. Box 809 )
Blandirg, UT 845 1 1 )
)
6. Radioactive material
(element and mass number)
Natural Uranium
) 3. License Number UTI900479
) Amendment# 5
) * * * * * * t * * {< * * * * * * * * * * {< * * * * * * * * * * * * * * *
4. Expiration Date
October 1 ,20156. (approximate)*************************************
5. License Category 2-b
*4< ** * **:F * ** * **. *!F:r *:F ** * * * ******:F!F!F!F:F* *** ******'1.{.*!F!F:F** **rF{.*:F:F:F!F!F * ******,FrrrS4.****!F!F
7. Chemical andlor
physical form
Any
8. Maximum quantitylicensee
may possess at any one time
Unlimited
****:F******!Frf *,F**{.*****:F:F:F{.**************!t :F*********rF:F************tF!F:F***********
SECTION 9: ADMINISTRATIVE COI\DITIONS
9.1
9.2
The authorizedplace of use shall be the licensee's White Mesa uranium milling facility, located
in San Juan County, Utah. The White Mesa uranium mill is located on fee land and mill site
claims, covering approximately 5,415 acres encompassing all orpart of Sections 21,22,27,28,
29, 32, and 33 of T37S, Fi22F,, and Sections and 16 of T38S, R22E Salt Lake Base and
Meridian. [Applicable UDRC Amendment: 5 Renewal]
All written notices and reports to the Executive Secretary required under this license, with the
exception of incident and event notifications under R313-15-1202 and R313-19-50 requiring
telephone notification, shall be addressed to the Executive Secretary, Utah Radiation Control
Board, Utah Department of Environmental Quality, 195 North 1950 West, P.O.Box 144850,
Salt Lake CitS UT 84114-4850. All written submittals to the Executive Secretary shall include
at the time of submittal a searchable electronic copy as required by R3l3-12-111.
DRC.04
Page 2 of 22
UTAH DIVISION OF RADIATION CONTROL
RADIOACTIVE MATERIALS LICENSE
SUPPLEMENTARY SHEET
License #UT1900479
Amendment#5
Incident and event notifications that require telephone notification shall be made to the
Executive Secretary at [phone] during normal business hours or afterhours to the DEQ
Duty Officer at [phone].
9.3 The licensee shall conduct operations in accordance with statements, representations, and
conditions contained in the license renewal application submitted by letter to the DRC dated
February 27,2007 as revised by submittals to the DRC dated February 5,2009, April 20,2009,
May 5, 2009,August 14,2009, Septernber 14,2009, Septernber 28,2009,November 24,2009
and March 3,2010, which are hereby incorporated by reference, and for the Standby Trust
Agreernent, as amended, except where superseded by license conditions below.
Whenever the word "will" is used in the above referenced documents. it shall denote a
requiranent.
[Applicable UDRC Amendment: 5 RenewalJ9.4 A.The licensee may, without prior Executive Secretary-approval, and subject to the
conditions specified in Part B of this condition:
The licensee shall file an application for an amendment to the license, unless the
following conditions are satisfi ed.
(1)
(2)
(3)
(1)
(2)
(3)
Make changes in the facility or process, as presented in the application.
Make changes in the procedures presented in the application.
Conduct tests or experiments not presented in the application.
The change, test, or experiment does not conflict with any requirernent
specifically stated in this license, or impair the licensee's ability to meet all
applicable regulations.
There is no degradation in the essential safetyor environmental commitrnents in
the license application or provided by the approved reclamation plan.
The change, test, or experiment is consistent with the conclusions of actions
analyzed and selected in the NRC Environmental Assessment dated February
1997.
The licensee's determinations concerning Part B of this condition shall be made by a
"safety and Environmental Review Panel (SERP)." The SERP shall consist of a
minimum of three individuals. One member of the SERP shall have expertise in
management and shall be responsible for managerial and financial approval changes;
one member shall have expertise in operations and/or construction and shall have
responsibility for implementing any operational changes; and, one member shall be the
corporate radiation safety officer (CRSO) or equivalent, with the responsibility of
DRC.04
Page 3 of 22
UTAH DIVISIONI OF RADIATION CONTROL
RADIOACTIVE MATERIALS LICEI\SE
SUPPLEMENTARY SHEET
License #UT1900479
Amendment#5
assuring changes conform to radiation safety and environmental requirements.
Additional mernbers maybe included in the SERP as appropriate, to address technical
aspects such as health physics, groundwater hydrology, surface-water hydrology,
specific earth sciences, and other technical disciplines. Temporary members or
permanent mernbers, other than the three above-specified individuals, may be
consultants.
D. The licensee shall maintain records of any changes made pursuant to this condition until
license termination. These records shall include written safety and environmental
evaluations, made by the SERP, that provide the basis for determining that changes are
in compliance with the requirernents referred to in Part B ofthis condition. The licensee
shall furnish, in an annual report to the Executive Secretary, a description of such
changes, tests, or experiments, including a sunmary of the safety and environmental
evaluation of each. In addition, the licensee shall annually submit to the Executive
Secretary changed pages to the Operations Plan and Reclamation Plan of the approved
license application to reflect changes made under this condition. Annual reports shall
address the previous calendar year and be submitted no later than March 31 each year.
The licensee's SERP shall function in accordance with the standard operating
procedures submitted by letter to the NRC dated .
[Applicable UDRC Amendment 3J [Applicable UDRC Amendment: 5 RenewalJ
The licensee shall at all times maintain a financial surety, approved by the Executive Secretary,
consistentwithUAC R3l3-24-4 (10CFR40, AppendixA, Criteria9 and 10, asincorporatedby
reference), that is adequate to cover the estimated costs, accomplished by a third party, for
decommissioning and decontamination of the mill and mill site, reclamation of anytailings or
waste disposal areas, groundwater restoration as warranted tien
+0=29, and the long-term surveillance fee. The Licensee is prohibited fromuse and/oroperation
of any tailings disposal cell, or related new permanent fixture or facility not already accounted
for by the currently approved suretS without prior submittal and Executive Secretary approval
ofwritten evidence of adequate financial surety. Within 60 calendardays ofExecutive Secretary
approval of a revised reclamation/decommissioning plan, the licensee shall submit written
evidence of an adequate surety regarding the newly approved plan.
Annual updates to the surety amount, required by UAC R3l3-24-4 (10 CFR 40, Appendix A,
Criteria 9 and 10, as incorporated by reference), shall be submitted for Executive Secretary
approval by March 4 of each year. Within 30 calendar days of Executive Secretary approval of
an annual update of surety cost estimates, the licensee shall submit written evidence of adequate
surety for Executive Secretary approval.
9.6
DRC-04
Page 4 of22
UTAH DIVISION OF RADIATION CONTROL
RADIOACTIVE MATERIALS LICENSE
SUPPLEMENTARY SHEET
License #UT1900479
Amendment#5
Along with each proposed revision or annual update, the licensee shall submit supporting
documentation showing a breakdown of the costs and the basis for the 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 current Executive Secretary-approved
reclamation/decommissioning plan or Executive Secretary-approved revisions to the plan and
guidance contained in NUREG-l620,"Standard Review Plan forthe Review of a Reclamation
Plan for Mill Tailings Sites under Title II of the Uranium Mill Tailings Radiation Control Act of
1978."
The currently approved surety instrument, a Performance Bond issued by National Union Fire
Insurance Company in favor of the Executive Secretary, and the associated Standby Trust
Agreement, shall be continuously maintained by the Licensee in an amount not less than the
amount currently approved by the Executive Secretary pursuant to the requirements of UAC
R3l3-24-4 (10 CFR 40, Appendix A, Criteria 9 and 10 as incorporated byreference).
ien
required by Lieense eenffi
-[Applicable UDRC Amendment: IJ [Applicable UDRC Amendment 3] [Applicable UDRC
Amendment: 5 RenewalJ
Written standard operating procedures (SOPs) shall be established and followed for all
operationalandnon-operationalactivitiesinvolvingradioactivematerial.@
be followed. Up-to-date SOPs shall be kept, maintained and made available to employees in the
mill area to which it applies. The written SOPs established shall include the activities of the
radiation safety and environmental monitoring programs, the onployee training program, a
respirator protection progrnm, operational procedures involving radioactive material, analytical
procedures, bioassay analyses and instrument calibration.
At least annually, the uranium milling facility Radiation Safety Officer (RSO) shall review and
approve in writing all procedures to determine their continued applicabilityto the RML license
conditions, Utah rules and Federal regulations.
DRC.O4
Page 5 of 22
UTAH DIVISION OF RADIATION CONTROL
RADIOACTIVE MATERIALS LICENSE
SUPPLEMENTARY SHEET
License #UT1900479
Amendment#5
p-to-date copies of all operational and non-
operational SOPs that have been submitted to the Executive Secretary w'ith any of the letters
[Applicable UDRC Amendment: 5 RenewalJ9.7 As per the Mernorandum of Agreement (MOA) negotiated by the Utah State Historic
Preservation Officer (SHPO), the AdvisoryCouncil onHistoricPreservation (ACHP), theNRC
and Energy Fuels Nuclear Inc. (EFN) and ratified on August 20,1979 and as amended on May
3, 1983 and substantially as implernented in NRC License SUA-1358.
Before engaging in any activity not previously assessed by the Executive Secretary, the licensee
shall administer a cultural resource inventory. All disturbances associated with the proposed
development will be completed in compliance with the National Historic Preservation Act (as
amended) and its implementing regulations, and the Archaeological Resources Protection Act
(as amended) and its implementing regulations.
ln order to ensure that no unapproved disturbance of culfural resources occurs, any work
resulting in the discovery ofpreviouslyunknown cultural artifacts shall cease. The artifacts shall
be inventoried and evaluated in accordance with the National Historic Preservation Act (as
amended), and no disturbance shall occur until the licensee has received authorization from the
Executive Secretary to proceed.
The licensee shall avoid by project design, where feasible, the archaeological sites designated
'ocontributing" in the report submitted by letter to the NRC dated July 28, 1988. When it is not
feasible to avoid a site designated "contributing" in the report, the licensee shall institute adata
recovery program for that site based on the research design submitted by letter from C. E. Baker
of Enerry Fuels Nuclear to Mr. Melvin T. Smith, Utah State Historic Preservation Officer
(SHPO), datedApril 13, 1981.
The licensee shall recover through archaeological excavation all "contributing" sites listed in the
report which are located in or within 100 feet of borrow areas, stockpile areas, construction
areas, or the perimeter of the reclaimed tailings impoundment. Data recovery fieldwork at each
site meeting these criteria shall be completed prior to the start of any project related disturbance
within 100 feet of the site, but analysis and report preparation need not be complete.
Additionally, the licensee shall conduct such testing as is required to enable the Executive
Secretary to determine if those sites designated as "Undetermined" in the report and located
within 100 feet of present or known future construction areas are of such significance to warrant
referred to in License Condition 9.3. and that are incorporated by reference into this license
shall be submitted electronically to the Executive Secretary by December 3 1st of each year.
9.9
9.10
DRC-04
Page 6 of22
UTAH DIVISION OF RADIATION CONTROL
RADIOACTIVE MATERIALS LICENSE
SUPPLEMEI{TARY SHEET
License #UT1900479
Amendment#5
9.8
their redesignation as "contributing.'o In all cases, such testing shall be completed before any
aspect of the undertaking affects a site.
Archaeological contractors shall be approved in writing by the Utah SHPO. The Utah SHPO
will approve an archaeological contractor who meets the minimum standards of the State of
Utah as the principal investigator.
The licensee is hereby authorized to possess blproduct material in the form of uranium waste
tailings and other uranium byproduct waste generated by the licensee's milling operations
authorized by this license. Mill tailings shall not be transferred from the site without specific
prior approval ofthe Executive Secretary in the form of a license amendment. The licensee shall
maintain a permanent record of all transfers made under the provisions of this condition.
The licensee is hereby exempted from the requirements of R3 I 3- 1 5-902(5) for areas within the
mill, provided that all entrances to the mill are conspicuously posted in accordance with R3 I 3 -
15-902(5) and with the words, *Any area within this mill may contain radioactive material".
Release of ore trucks and intermodal containers from the restricted area for restricted release
shall be in accordance with Department of Transportations standards set forth in 49 CFR
173.443 or 49 CFR 173.428, as may be amended from time to time. Release of equipment or
packages from the restricted area for unrestricted release shall be in accordance with the NRC
Regulatory Guide 1.86 "Termination of Operating Licenses for Nuclear Reactors" dated June
1974 or NRC document "Guidelines for Decontamination of Facilities and Equipment Prior to
Release for Unrestricted Use or Termination of Licenses for Blproduct, Source, or Special
Nuclear Material," dated May 1987, or suitable alternative procedures approved by the
Executive Secretary prior to any such release.
[Applicable UDRC Amendment: 5 RenewalJ
9.r I
Updated Reclamation Plan and Specifications (Revision 5.0)- the licensee must complete and
submit on or before December 31. 201lan updated Reclamation Plan and Specifications for the
White Mesa Mill Facility (Revision 5.0), for Executive Secretaryreview and approval-e+erbefere
geteUe-b:g++, that shall include at least the following:
A. Cells 4A,4B., and Later Disposal Cell Cover Design Requirements - the engineering plans and
specifications shall include the a design for -a multi-layyr, vegetated cover system, tha#is
UTAH DIVISION OF RADIATION CONTROL
RADIOACTIVE MATERIALS LICENSE
SUPPLEMENTARY SHEET
DRC-04
Page 7 of 22
License #UT1900479
Amendment#5
B. Revised Cover Design for Existing Cells 1,2, and 3 - the licensee may
retain the current approved cover system design for the Tailings Cells 1, 2,
Reclamation Plan Revision 3.2 Final edition, as approved by the DRC June
In the event the licensee retains said approved cover systern design at Cells
and 3, as found in
16,2011.
1,2, and 3, the licensee
shall
(l) submit a report to the Executive Secretary on or before November 30. 201I that
demonstrates that the currently approved cover system desieur at Cells 1.2. and 3 is adequate
to prevent the accumulation of leachate head within the tailings waste laver that could rise
above or over-top the maximum srnrthetic liner elevation intemal to any such cell. i.e. sreate
a "bathtub" effect: and
(a)in the event that. after review of the Report referred to License Condition 9.11B(l). the
Executive Secretary is not satisfied that the currently approved cover system satisfies the
criteria described in License Condition 9.11B(1). within 60 days after being so-advised in
writing by the Executive Secretarv. submit Reclamation Plan. Revision 6.0 that contains a
modification to the eneineering design and specifications in Reclamation Plan. Revision 5.0
that meets those criteria.
4ang;+e;
is n€ mere &an I feet abeve ft
Uner-;ane
C. TransitionZone Details and Construction - the licensee shall provide all necessary engineering
design details, material specifications, and construction equipment / procedures to fully describe
all materials and construction efforts that will be taken to ensure erosion resistance, physical
stability, and adequate cover system performance for any transition zone between the disposal
cell covers required by License Condition 9.11A and 9.118.
DRC-04
Page 8 of 22
UTAH DIVISIONI OF RADIATION CONTROL
RADIOACTIVE MATERIALS LICENSE
SUPPLEMENTARY SHEET
License #UT1900479
Amendment#5
tApplicable UDRC Amendment: 4J [Applicable UDRC Amendment: 5 RenewalJ
q.t2 The Lieensee shail
B€ar+
SECTION 10: OPERATIONAL CONTROLS, LIMITS, A]\D RESTRICTIONS
10.1 A. The mill production rate shall not exceed 4380 tons of yellowcake per year.
B. The licensee may not dispose of any material on site that is not "blproduct material," as
that term is defined in 42 U.S.C. Section 2UaG)Q) (Atomic Energy Act of 1953,
Section I l(e)(2)).
C. The licensee may not receive or process any alternate feed material without first
applyng for and obtaining approval of a license amendment. For any such proposal, the
licensee shall dernonstrate that it will comply with Condition 10.1(8). Any such
demonstration shall include:
Demonstration of compliance with the NRC Regulatory Summary 2000-23
Recent Changes to Uranium Recovery Policy, November 30, 2000; and
Demonstration of compliance with the Novernber 22, 1999 Protocol for
Determining Whether Altemate Feed Materials are Listed Hazardous Wastes, as
approved bythe Utah Division of Solid andHazardous Waste on Decernber 7,
1999.
Maximum quantities of feed material stored on the mill site, including alternate feed
materials or other ores, shall not exceed the total material storage quantity found in the
currently approved mill surety pursuant to License Condition 9.5, without prior approval
of the Executive Secretary.
The licensee may not receive any alternate feed materials or other ores ifthose materials
would cause the facility to exceed the tailings cell disposal capacity established by the
currently approved reclamation plan and/or the annual surety report required by License
Conditions 9.11, and 9.5, respectively, without prior approval of the Executive
Secretary.
[Applicable UDRC Amendment: 2]
(1)
(2)
D.
E.
DRC.O4
Page 9 of22
UTAH DIVISION OF RADIATION CONTROL
RADIOACTIVE MATERIALS LICENSE
SUPPLEMENTARY SHEET
License #UT1900479
Amendment#5
I0.2 All liquid effluents from mill process buildings, with the exception of sanitarywastes, shall be
retumed to the mill circuit or discharged to the tailings impoundment.
10.3 Freeboard limits, stormwater and wastewater management for the tailings cells shall be
determined as follows:
The Freeboard limit for Cell I shall be set annually in accordance with the procedures
set out in Section 3.0 to Appendix E of the previously approved NRC license
application, including the January 10, 1990 Drainage Report. Discharge of any surface
water or wastewater from Cell I is expressly prohibited.
The freeboard limit for Cells3;44;+nd 48. which is set to accommodate stormwater
runoff for the entire site not otherwise accommodated by the freeboard limit for Cell I
shall be recalculated annually in accordance with the procedures approved by the
Executive Secretary- Said calculations for freeboard limits shall be submitted as part of
the Annual Technical Evaluation Report (ATER), as described in Conditionl2.3 below.
C. The discharge of any surface water, stormwater or wastewater from Cells 3, 44, and 48
shall only be through an Executive Secretary authorized spillway structure.
[Applicable UDRC Amendment 3J [Applicable UDRC Amendment: 4J
I0.4 Disposal of material and equipment generated at the mill site shall be conducted as described in
the licensee's submittals to the NRC dated Decernber 12,1994 and May 23, 1995, with the
following addition:
A. The maximum lift thickness for materials placed over tailings shall be less than 4-feet
thick. Subsequent lifts shall be less than 2-feet thick. Each lift shall be compacted by
tracking of heavy equipment, such as aCatD-6, at least 4 times prior to placernent of
subsequent lifts.
10.5 In accordance with the licensee's submittal to the NRC dated May 20,1993, the licensee is
hereby authorized to dispose of byproduct material generated at licensed in-situ leach (ISL)
facilities, subject to the following conditions:
Disposal of ISL waste is limited to 5000 cubic yards from a single source.
A11 ISL contaminated equipment shall be dismantled, crushed, or sectioned to minimize
void spaces. Barrels containing waste other than soil or sludges shall be emptied into the
disposal area and the barrels crushed. Barrels containing soil or sludges shall be verified
A.
B.
A.
B.
UTAH DIVISION OF RADIATIOI\ CONTROL
RADIOACTIVE MATERIALS LICENSE
SUPPLEMENTARY SHEET
DRC-04
Page l0 of22
License #UT1900479
Amendment#5
C.
D.
by the Licensee to be full prior to disposal. Barrels not completely full shall be filled
with tailings or soil prior to disposal.
All lSL waste shall be
isposed of in accordance
with procedures approved by the Executive Secretary.
All disposal activities shall be documented and records thereof maintained on-site. The
documentation shall include descriptions ofthe ISL waste and the disposal locations, as
well as all actions required by this License condition.
P. fne Ueensee +*t *s
€) Sudr ISL blpreduet materid will be segregated frem any mill material aad
TSf Ulereeuet materiat frem e
;
ien
@
eispesdffiaiffd
b, Thebettemefeaehdispesal areaisleeatedatleast 12 feetfremthesides
@
F.E. The Licensee shall notifr the Executive Secretary in writing at least 7 calendar days
prior to the proposed scheduled date for disposal of any blproduct material generated at
ISL facilities in the tailings cells.
An annual summary of the amounts of waste disposed of from off-site ISL generators
shall be sent to the Executive Secretary on or before Novernber I of each calendar year.
[Applicable UDRC Amendment: 4J
DRC-04
Page 1l of 22
UTAH DIVISION OF RADIATION CONTROL
RADIOACTIVE MATERIALS LICENSE
SUPPLEMENTARY SHEET
License #UT1900479
Amendment #5
10.6 Prier te reeeipt er pessessien ef any new alternate feed materid net eurrently autlrsrized by this
t:eense at *re AeiUty a+er
in
tailings eells that meet *re reqnirements ef Parts I.D- | and 5 (e ell li'r) arigor I.D. 12 arC I 3
++3!OL _The licensee is authorized to receive and process source materials from the Allied Signal
Corporation's Metropolis, Illinois, facility in accordance with the amendment request to the
NRC dated June 15, 1993.
[Applicable UDRC Amendment: 5 RenewalJ
++81_QJ_The licensee is authorizedtoreceive and process source material from Allied Signal, lnc.
of Metropolis, Illinois, in accordance with the amendment request to the NRC dated September
20, 1996, and amended by letters to the NRC dated October 30, 1996 and November I I, 1996.
[Applicable UDRC Amendment: 5 RenewalJ
+€910.8__The licensee is authoized to receive and process source material from Cabot
Performance Materials' facility near Boyertown, Pennsylvania, in accordance with the
amendment request to the NRC dated April 3, 1997, as amended by submittals to the NRC
dated May 19, 1997 and August 6,1997.
+-0JOU.9_DELETED by DRC 2007 License Renewal DRC Amendment 5.
++++10.!Q_The licensee is authorized to receive and process source material from Cameco
Corporation's Blind River and Port Hope facilities,located in Ontario, Canada, in accordance
with the amendment request to the NRC dated June 4, 1998, and by the submittals to the NRC
dated Septernber 14,1998, September 16,1998, September 25,1998, October 7, 1998, and
October 8. 1998.
DRC-04
Page 12 of 22
UTAH DIVISION OF RADIATION CONTROL
RADIOACTIVE MATERIALS LICENSE
SUPPLEMENTARY SHEET
License #UT1900479
Amendment#5
However, the licensee is not authorized to receive or process from these facilities, the crushed
carbon anodes identified in these submittals, either as a separate material or mixed in with
material already approved for receipt or processing.
IO'[210.1,|_DELETED by DRC 2007 License Renewal DRC Amendment 5.
+€-t310.12_The licensee is authorized to receive and process source material from the St. Louis
Formerly Utilized Sites Rernedial Action Program (FUSRAP) site, in accordance with
staternents, representations, and commitments contained in the amendment request to the NRC
dated March 2,1999, and as amended and supplonented by submittals dated June 21, 1999;
Jvne 29, 1999 (2); and July 8, I 999. Prior to the licensee receiving materials from the St. Louis
FUSRAP site, the licensee must make a determination that adequate tailings space is available
for the tailings produced from the processing of this material. This determination shall be made
based on a SERP approved internal procedure.
+H4!gJ3_The licensee is authorized to receive and process source material from the Linde
Formerly Utilized Sites Remedial Action Program (FUSRAP) site, in accordance with
statements, representations, and commitments contained in the NRC amendment request dated
March 16,2000, and as amended and supplemented by submittals dated Apn126,2000, May
15,2000, June 16,2000, June 19,2000, and June 23,2000.
[Applicable UDRC Amendment: 5 Renewal]
+9.+510.LL_The licensee is authorized to receive and process source material from the W.R. Grace
site located in Chattanooga, Tennessee, in accordance with statements, representations, and
commitments contained in the amendment request to the NRC dated April 12, 2000, as
amended and supplernented by submittals dated ApiI24,2000, Api126,2000, May 5, 2000,
Novernber 16,2000, and December 18, 2000.
fApplicable UDRC Amendment: 5 RenewalJ
+e'l6!0..11_The licensee is authorizedto receive and process source material from the Heritage
Minerals Incorporated site, in accordance with staternents, representations, and commitrnents
contained in the amendment request to the NRC dated July 5, 2000, and as supplonented by
submittals dated Novernber 16. 2000. and December 18,2000.
fApplicable UDRC Amendment: 5 RenewalJ
DRC-04
Page 13 of 22
UTAH DIVISION OF RADIATION CONTROL
RADIOACTIVE MATERIALS LICENSE
SUPPLEMENTARY SHEET
License #UTl900479
Amendment#5
+e-H!O.16_The licensee is authorizedtoreceive and process source material from the Molycorp site
located in Mountain Pass, Califomia, in accordance with statements, representations, and
commitments contained in the amendment request to the NRC dated December 19, 2000, and
supplernental information in letters dated January29,200l,February2,200I,March 20,2001,
August 15,2001, October 17,2001, and Novernber 16, 2001.
[Applicable UDRC Amendment: 5 RenewalJ
{-()'4810.17_The licensee is authorized to receive and process source material from the Maywood site
located in Maywood, New Jersey, in accordance with staternents, representations, and
commitments contained in the amendment requests to the NRC dated June 15, 2001, June 22,
2001, August 3,2001, and supplernented by letters dated November 19,2001, December 6,
2001, December 10,2001, March 11,2002, and July 1,2002.
[Applicable UDRC Amendment: 5 RenewalJ
+€=t910.l!_The licensee is authorizedto receive and process source material from Ponds 2 and 3 of
the FMRI's Muskogee Facility located in Muskogee, Okalahoma, in accordance with
statolents, representations, and commitments contained in the amendment requests and
submittals to the Executive Secretary dated March 7,2005, Jwrc22,2005, and April 28,2006.
[Applicable UDRC Amendment: 2J fApplicable UDRC Amendment: 5 RenewalJ
by a rernediatien preeess er aefvity at the White Mesa faeiliff ^hall be lle,(2) bnrednet
*l.eremethane.
SECTION 11: MONITORING' RECORDING, AND BOOKKEEPING REQUIREMENTS
11.1 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 bythis
license and any subsequent reviews, investigations, and corrective actions, shall be documented.
Unless otherwise specified in the State of Utah regulations all such documentation shall be
maintained for a period of at least five (5) years.
DRC-04
Page 14 of 22
UTAH DIVISION OF RADIATION CONTROL
RADIOACTIVE MATERIALS LICENSE
SUPPLEMENTARY SHEET
License #UTl900479
Amendment#5
ll.2 The licensee shall implernent the effluent and environmental monitoring program specified in
Section 5.5 of the renewal application, as amended by the submittal to the NRC dated June 8,
1995, and as revised with the following modifications or additions:
Stack sampling shall include a determination of flow rate.
Surface water samples shall also be analyzed semiannually for total and dissolved
U-nat, Ra-226, and Th-230, with the exception of the Westwater Creek, which shall be
sampled annually for water or sediments and analyzed as above. A sediment sample
shall not be taken in place of a water sample unless a water sample was not available.
Groundwater sampling shall be conducted in accordance with the requirements in
the current Utah Ground Water Discharge Permit No UGW370004 (Permit).
Withthe exception of groundwater samplingthelicensee shall utilize lowerlimits of
detection in accordance with Section 5 ofthe NRC RegulatoryGuide 4.14, as amended,
for analysis of effluent and environmental samples.
The inspections performed semiannually of the critical orifice assembly committed
to in the submittal to the NRC dated March 15, 1986, shall be documented. The critical
orifice assembly shall be calibrated at least every 2 years against a positive displacement
Roots meter to obtain the required calibration curve.
[Applicable UDRC Amendment 3J [Applicable UDRC Amendment: 5 RenewalJ
I 1.3 The licensee shall implement a monitoring program of the leak detection systems for disposaL
Cells 4,A. and 48 in accordance with requirements of the Permit. The licensee shall also
implement an operation, maintenance, and monitoring program ofthe leak detection systems for
disposal Cells l, 2,and 3 as follows:
A. The licensee shall maintain all leak detection systern piping, including any access pipes,
eperyfully functional and free of any siqrificant quantities of soil, debris or detritus.
All access pipes shall be capped to prevent inflow ofrainwater and any such soil. debris
or detritus when not in use. Tllhe licensee shall submit with each license renewal
application eenduetannr*alvideo loggs of said access pipes to demonstrate the physical
condition of the systern. In the event that the licensee determines any access pipe is
blocked, pa#ialbr+@or otherwise not fully functional, the licensee shall: 1)
remoVeal1b1ockageswithin@ofdiscovery,and2)submita
written report for Co-Executive Secretary approval within S-3Qcalendar days of
discoverv.
a.
b.
DRC.O4
Page 15 of22
UTAH DIVISION OF RADIATION CONTROL
RADIOACTIVE MATERIALS LICENSE
SUPPLEMENTARY SHEET
License #UT1900479
Amendment#5
B. The licensee shall measure and record the "depth to fluid" in each of the tailings
disposal cell standpipes on a weekly basis in irre
.- If anYSUfficient fluid is
present in the leak detection systern (LDS) of any cell, the licensee shall pump the fluid
from the LDS within discovery, to the extent
reasonably possible, physically measure all fluid volumes removed, and record the
volume of fluid recovered._ Any fluid pumped from a LDS shall be returned to a
disposal cell.
If fluid is pumped from a LDS, the licensee shall calculate the flow rate by dividing the
recorded volume of fluid recovered by the elapsed time since fluid was last pumped or
increases in the LDS fluid levels were recorded, whichever is the more recent.- The
licensee shall document the results of this calculation.
C. If the calculated flow rate is less than one eallon per minute. the licensee shall continue
with weeklvmeasurements of "depth to fluid" in the LDS standpipes. refiIoval of said
fluids. and discharge thereof to a licensed disposal cell.
D. If the calculated flow rate is equal to or ereater than one eallon per minute. Upe+th€
e licensee shalll
1. notifr the Executive Secretary by telephone within 48 hours. in accordance with
License Condition 9.2: and
!._-collect a fluid sample and analyze the fluid for pH and the parameters listed in
Table 2 of the Permi[
9.3,-- aetermine ifthe LDS fluid originated
from the disposal cell by ascertaining if the si8nature ofthe collected fluid compared
to the signature of tailings solutions in the cell
Water Qnality Standard'indicates that the fluid has originated tom the cell. erhas
iein
will be submitted to the Executive Secretary for approval within 60 days after
notification is given to the Executive Secretary under License Condition I 1.3D(1).
tf*e t BS nuie is e* ieensee
UTAH DIVISION OF RADIATION CONTROL
RADIOACTIVE MATERIALS LICENSE
SUPPLEMENTARY SHEET
DRC-04
Page 16 of 22
License #UT1900479
Amendment#5
rer * ef *re eenstituents fo
i
I
E. If the LDS fluid is determined not to have originated from the disposal cell. the licensee
shall continuewithweeklvmeasurementsof"d€pthto fluid"intheLDS standpipes. The
licensee shall confirm. on an annual basis. that fluid from the disposal cell has not
entered the LDS by collecting (Jo the extent possible) and analyzing a LDS fluid sample
for all of the constituents found in Table 2 of the Permit and field pH.
this lieen^e eerCitien, If the andyzed flrdd eentains elevated levels ef the eenstituents
Tf the flow rate is equal
to or ereater than one gallon per minute and the LDS fluids are determined to have
originated from the disposal cell:;
(1)
(2)
(3)
Evaluate the cause of the liner distress and take appropriate and timely actions to
mitigate the leak and any consequent potential impacts;
Continue to measure and record LDS "depth to fluid" measurernents weekly;
and
Neti*the Exeentive Seeretary by telephene within 18 herrs; in aeeerdanee with
@
i€€as€
shall includeg a description of the mitigative action(s) taken and a discussion of
the mitigative action results and any proposed mitigative . In the event
that mitigative actions have yet to be taken, the +wi@
detailed workplan and schedule-;an#will be subject to Executive Secretary
approval.
inse
+.Q_In addition to the reporting required in License Condition 1 1.3(A) and (D), all sampling,
analysis, and evaluation of LDS fluids shall be documented and all records retained
onsite until license termination for Executive Secretary inspection.
[Applicable UDRC Amendment 3] [Applicable UDRC Amendment: 4J
[Applicable UDRC Amendment: 5 Renewal]
DRC.O4
Page 17 of 22
UTAH DIVISION OF RADIATION CONTROL
RADIOACTIVE MATERIALS LICENSE
SUPPLEMENTARY SHEET
License #UT1900479
Amendment#5
ll.4 Annually, the licensee shall collect, during mill operations, a set of air samples covering eight
hours of sampling, at a high collection flow rate (i.e., greater than or equal to 40 liters per
minute), in routinely or frequently occupied areas of the mill. These samples shall be analyzed
for gross alpha. In addition, with each change in mill feed material or at least annually, the
licensee shall analyze the mill feed or production product for U-nat, Th-230,Ra-226, and Pb-
210 and use the analysis results to assess the fundamental constituent composition of air sample
particulates.
11.5 Calibration ofin-plant air andradiationmonitoring equipment shall beperformed as specified in
the license renewal application, under Section 3.0 of the "Radiation Protection Procedures
Manual," with the exception that in-plant air sampling equipment shall be calibrated at least
quarterly and air sampling equipment checks shall be documented.
11.6 The licensee shall perform an annual ALARA audit of the radiation safety program in
accordance with the NRC Regulatory Guide 8.31.
I l:7 s^++r**+ r -^-:+^;-g a+^- r^*r ^--^+:-g p* ^^r,,-^ tlhe lieensee shall snbmit fer Exeeutive
Seeretary apprevd a written Settlernmf Menitering StarCrd eperating Preeedrre (SeP) en er
befere Deeember l; 2010. The prepe^ed SeP shall deseribe methods for menitering vertied
tettewing pla€ment of ing$i
€a4={S+--souree dispesat area &at h
@aree,estimatedtebe#
ffiar days ef eerrpletien ef ea* trSL serree dispe^d area, Fer
hstdl *rersqeired seftl
lune+;+g+g;
DRC-04
Page 18 of 22
UTAH DIVISIONI OF RADIATION CONTROL
RADIOACTIVE MATERIALS LICENSE
SUPPLEMEI{TARY SHEET
License #UT1900479
Amendment#5
e, krdieatethatthe lieenseewill utilize settlqnentmeniteringdeviees andmethedsthat are
resistant te shi*ing in &ei
;
will inelude: l) all eqnipmentr preeedrres; and previsiens needed te preteet said
@
:
(t) Initiatty suryeyed by a
@
ieemse
eenAi+ien++3;
F.-----Jnelude preeedrres -eqiring that snelr settlernent meniters be plaeed; $rrveyed;
te maintain e;risting menitering deviees in a reliablq goed werking eenditien; as
iees
they relate te the eenditiens at arC in the vieiniry ef the instdled menitering deviees;
G, Previde quantitativeperfermanee siteriaand deseribehew sueheiteriawill bensedte
ffir
U, neieate *at any setttemmtm
i
t, mgieate *rat wnere swvey eviA in-a
DRC.O4
Page 19 of 22
UTAH DIVISION OF RADIATION COI\TROL
RADIOACTIVE MATERIALS LICENSE
SUPPLEMENTARY SHEET
License #UTl900479
Amendment #5
in_a
timelymanneq snhieet te Exeentive Seeretary apprevd;
+- tngeate *at ptetegapns sn*l
ptetegapns snatt Ue tatcen feU
te er surrerrding a settlernent er displaeqnent menitering deviee;
Ms arC reeerds ef settlement menitering shdl be submitted armudly as
ir€
DRC-04
Page 20 of 22
UTAH DIVISION OF RADIATIOI\ CONTROL
RADIOACTIVE MATERIALS LICENSE
SUPPLEMENTARY SHEET
License #UT1900479
Amendment #5
ins+*t*ien;
@
;
P, tnel*e preeeewes regBiring &
te mai"rtain e*isting nevernmt menrrnents in a reliable; geed werking eendifen; as
neeeee; *rat *re ageigen
they relete te the eerCitiens at and in the vieiniry ef the instdled menrrnents;
F. Previdequa$titativ€pdo
G- hdieate that any rrevmrent menr#nefilt that is iffeparebly dsrnaEed as a result ef
t- meieate *at results m
SECTION 12: REPORTING REQUIREMENTS
DRC-04
Page 2l of 22
UTAH DIVISION OF RADIATION COI\TROL
RADIOACTIVE MATERIALS LICENSE
SUPPLEMENTARY SHEET
License #UT1900479
Amendment#5
l2.l The licensee shall submit a detailed decommissioning plan to the Executive Secretary at least
twelve (12) months prior to planed final shutdown of mill operations that includes a detailed
Quality Assurance Plan. The plan will be in accordance with NRC Regulatory Guide 4.15,
"Quality Assurance for Radiological Monitoring Programs" and NUREG-157 5,"Multi-Agency
Radiation Survey and Site Investigation Manual (MARSSIM)" or equivalent most current
guidance.
[Applicable UDRC Amendment: I]
[Applicable UDRC Amendment: 2J [Applicable UDRC Amendment: 5 RenewalJ
I2.2 Annual Technical Evaluation Report (ATER) - the licensee shall submit an ATER for
Executive Secretary approval no later than November 15, of each year, to coincide with the
annual freeboard calculation date of November l't of each year when using the new
Freeboard Calculation Method, as described in the letter from David A. Rupp of the Utah
Division of Radiation Control to Mr. David C. Frydenlund of Denison Mines (USA) Cotp,
dated Apil29,2010. Each ATER shall incorporate all documents and attachments,
including applicable updates to previously submitted documents with attachments that
support information presented in the ATER, including, but not limited to maps, drawings,
tables, and figures. The licensee shall include, as part of the ATER, results of tailings cell
temporary cover settlement and dike displacement monitoring activities. The content of the
tailings cell tanporary cover settlement and displacement monitoring program related
information shall include those records required under the Settlernent Monitoring and
Movement Monitoring SOPs (License Conditions I 1.7 and I 1.8), as approved by the
Executive Secretary.
[Applicable UDRC Amendment: 4J [Applicable UDRC Amendment: 5 RenewalJ
|2.3Thelicenseesha11@Srrrveyoflanduse(privateresidences,grazing
areas, private and public potable water and agricultural wells, non-residential structures and
uses and assess population growth or industry growth) in the area within *e,AZ:5miles
radiusoftheWhiteMesaUraniumMil1facilitypropertyboundaries@
Sis srrvey te the Exeeutive Sesetary with each license renewal application. Eachft€
is rePort shall indicate any
differences in land use from that described in the last report including the following: l)
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.
[Applicable UDRC Amendment: 5 RenewalJ
UTAH RADIATION CONTROL BOARD
DRC-04
Page22 of22
UTAII DIVISION OF RADIATION CONTROL
RADIOACTIVE MATERIALS LICENSE
SUPPLEMENTARY SIIEET License#W
Amendment #5
Rusty Lundberg, Executive Secretary Date
I
I
I
DRC-04
UTAH DEPARTMENT OF ENVIRONMENTAL QUALITY
DIVISION OF RADIATION CONTROL
RADIOACTIVE MATERIALS LICENSE
RENEWAL
Pursuant to Utatr Code Ann. Title 19, Chapter 3 and the Radiation Control Rules, Utah Administrative
Code R313, md in reliance on statements and representations heretofore made by the licensee
designated below, a license is herebyissued 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.
tF*******tF****:F!f :F!f **********:F!F:F!F!F:f :F********************rF!F************:f tF:F:S*********
LICENSEE
Denison Mines
(usA)
Corp.
) 3. License Number UTI9A0479
) Amendment# 5
) * * * * * * * * * {€ * * * * * * {< * {< ,F {< * * it * * * *< * * * * * * * *1. Name
2. Address
) 4. Expiration Date
6425Highway 191 ) October 1,2016 (approximate)
P.O. BOX 809 ) ***************.*****t({€:l€****'1.,k********
Blanding, UT 84511 ) 5. License Category2-b
),F****!F:F******:F*********:F***rf rf :F*******.*****************{c*************rlctF:f :F:1.:F******
Unlimited
********:F******:F:F*********:F:f !F:F:F:F:F:F*******:F:F*********:F:F:F**********,1.{.,f !F!F**********
SECTION 9: ADMINISTRATIVE CONDITIONS
6. Radioactive material
(element and mass number)
Natural Uranium
9.2
'/ . Chemical andlor
physical form
Any
8. Maximum quantitylicensee
may possess at any one time
9.1 The authorized place ofuse shall be the licensee's White Mesa uranium milling facility, located
in San Juan County, Utah. The White Mesa uranium mill is located on fee land and mill site
claims, covering approximately 5,415 acres encompassing all orpart of Sections 21,22,27,28,
29,32, and 33 of T37S, R228, and Sections and 16 of T38S, F.22E Salt Lake Base and
Meridian. [Applicable UDRC Amendment: 5 RenewalJ
A11 written notices and reports to the Executive Secretaryrequired under this license, with the
exception of incident and event notifications under R313-15-1202 and R313-19-50 requiring
telephone notification, shall be addressed to the Executive Secretary, Utah Radiation Control
Board, Utah Department of Environmental Quality, 195 North 1950 West, P.O.Box 144850,
Salt Lake City, UT 84114-4850. All written submittals to the Executive Secretaryshall include
at the time of submittal a searchable electronic copy as required by R3l3-I2-lll.
DRC-04
Page 2 of 15
UTAH DIVISION OF RADIATION CONTROL
RADIOACTIVE MATERIALS LICENSE
SUPPLEMENTARY SHEET
License #UTI900479
Amendment#5
9.3
Incident and event notifications that require telephone notification shall be made to the
Executive Secretary at [phone] during normal business hours or afterhours to the DEQ
Duty Officer at [phone].
The licensee shall conduct operations in accordance with statements, representations, and
conditions contained in the license renewal application submitted by letter to the DRC dated
February27,2007 as revised by submittals to the DRC dated February 5,2009, April 20,2009,
May 5, 2009,August 14,2009, Septernber 14,2009, September 28,2009,November 24,2009
and March 3,2010, which are hereby incorporated by reference, and for the Standby Trust
Agreernent, as amended, except where superseded by license conditions below.
Whenever the word "will" is used in the above referenced documents, it shall denote a
requirement.
[Applicable UDRC Amendment: 5 RenewalJ9.4 A. The licensee may, without prior Executive Secretary-approval, and subject to the
conditions specified in Part B of this condition:
B.The licensee shall file an application for an amendment to the license, unless the
following conditions are satisfi ed.
(1)
(2)
(3)
(1)
(2)
(3)
Make changes in the facility or process, as presented in the application.
Make changes in the procedures presented in the application.
Conduct tests or experiments not presented in the application.
The change, test, or experiment does not conflict with any requirement
specifically stated in this license, or impair the licensee's ability to meet all
applicable regulations.
There is no degradation in the essential safety or environmental commibnents in
the license application or provided by the approved reclamation plan.
The change, test, or experiment is consistent with the conclusions of actions
analyzed and selected in the NRC Environmental Assessment dated February
1997.
C.The licensee's determinations concerning Part B of this condition shall be made by a
"Safety and Environmental Review Panel (SERP)." The SERP shall consist of a
minimum of three individuals. One member of the SERP shall have expertise in
management and shall be responsible for managerial and financial approval changes;
one member shall have expertise in operations and/or construction and shall have
responsibility for implonenting any operational changes; and, one member shall be the
corporate radiation safety officer (CRSO) or equivalent, with the responsibility of
9.5
DRC-04
Page 3 of 15
UTAH DIVISION OF RADIATION CONTROL
RADIOACTIVE MATERIALS LICENISE
SUPPLEMENTARY SHEET
License #UT1900479
Amendment#5
assuring changes conform to radiation safety and environmental requirements.
Additional members maybe included in the SERP as appropriate, to address technical
aspects such as health physics, groundwater hydrology, surface-water hydrology,
specific earth sciences, and other technical disciplines. Temporary members or
permanent mernbers, other than the three above-specified individuals, may be
consultants.
D. The licensee shall maintain records of any changes made pursuant to this condition until
license termination. These records shall include written safety and environmental
evaluations, made by the SERP, that provide the basis for determining that changes are
in compliance with the requirements referred to in Part B of this condition. The licensee
shall fumish, in an annual report to the Executive Secretary, a description of such
changes, tests, or experiments, including a summary of the safety and environmental
evaluation of each. In addition, the licensee shall annually submit to the Executive
Secretary changed pages to the Operations Plan and Reclamation Plan of the approved
license application to reflect changes made under this condition. Annual reports shall
address the previous calendar year and be submitted no later than March 31 each year.
The licensee's SERP shall function in accordance with the standard operating
procedures submitted by letter to the NRC dated February 27,2007 .
[Applicable UDRC Amendment jJ [Applicable UDRC Amendment: 5 RenewalJ
The licensee shall at all times maintain a financial surety, approved by the Executive Secretary,
consistent with UAC R3l3-24-4 (10CFR 40, Appendix A, Criteria 9 and 10, as incorporated by
reference), that is adequate to cover the estimated costs, accomplished by a third party, for
decommissioning and decontamination of the mill and mill site, reclamation of anytailings or
waste disposal areas, groundwater restoration as warranted, and the long-term surveillance fee.
The Licensee is prohibited from use and/or operation of anytailings disposal cell, orrelated new
permanent fixture or facility not already accounted for by the currently approved surety, without
prior submittal and Executive Secretary approval of written evidence of adequate financial
surety. Within 60 calendar days of Executive Secretary approval of a revised
reclamation/decommissioning plan, the licensee shall submit written evidence of an adequate
surety regarding the newly approved plan.
Annual updates to the surety amount, required byUAC R3l3-24-4 (10 CFR 40, Appendix A,
Criteria 9 and 10, as incorporated by reference), shall be submitted for Executive Secretary
approval by March 4 of each year. Within 30 calendar days of Executive Secretary approval of
an annual update of suretycost estimates, the licensee shall submitwrittenevidenceof adequate
surety for Executive Secretary approval.
DRC.O4
Page 4 of 15
UTAH DIVISION OF RADIATION CONTROL
RADIOACTIVE MATERIALS LICENSE
SUPPLEMENTARY SHEET
License #UT1900479
Amendment#5
Along with each proposed revision or annual update, the licensee shall submit supporting
documentation showing a breakdown of the costs and the basis for the cost estimates with
adjustments for inflation, maintenance of a minimum l5 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 current Executive Secretary-approved
reclamation/decommissioning plan or Executive Secretary-approved revisions to the plan and
guidance contained in NUREG-l620,"Standard Review Plan for the Review of a Reclamation
Plan for Mill Tailings Sites under Title II of the Uranium Mill Tailings Radiation Control Act of
1978."
The currently approved surety instrument, a Performance Bond issued by National Union Fire
lnsurance Company in favor of the Executive Secretary, and the associated Standby Trust
Agreernent, shall be continuously maintained by the Licensee in an amount not less than the
amount currently approved by the Executive Secretary pursuant to the requirements of UAC
R3I3-24-4 (10 CFR 40, Appendix A, Criteria 9 and 10 as incorporated byreference).
[Applicable UDRC Amendment: IJ [Applicable UDRC Amendment 3J [Applicable UDRC
Amendment:5 Renewall
9.6 Written standard operating procedures (SOPs) shall be established and followed for all
operational and non-operational activities involving radioactive material. SOPs for operational
activities shall enumerate pertinent radiation safetypractices to be followed. Up-to-date SOPs
shall be kept, maintained and made available to ernployees in the mill area to which it applies.
The written SOPs established shall include the activities of the radiation safety and
environmental monitoring programs, the ernployee training program, a respirator protection
program, operational procedures involving radioactive m ateial, analyical procedures, bioassay
analyses and instrument calibration.
At least annually, the uranium milling facility Radiation Safety Officer (RSO) shall review and
approve in writing all procedures to determine their continued applicabilityto the RML license
conditions, Utah rules and Federal regulations. Up-to-date copies of all operational and non-
operational SOPs that have been submitted to the Executive Secretary with any of the letters
referred to in License Condition 9.3, and that are incorporated by reference into this license,
shall be submitted electronically to the Executive Secretary by Decernber 31st of each year.
[Applicable UDRC Amendment: 5 RenewalJ9.7 As per the Memorandum of Agreernent (MOA) negotiated by the Utah State Historic
Preservation Officer (SHPO), the Advisory Council on Historic Preservation (ACHP), the NRC
and Energy Fuels Nuclear Inc. (EFN) and ratified on August 20,1979 and as amended on May
3, 1983 and substantially as implemented in NRC License SUA-1358.
DRC.O4
Page 5 of 15
UTAH DIVISION OF RADIATION CONTROL
RADIOACTIVE MATERIALS LICENSE
SUPPLEMENTARY SHEET
License #UT1900479
Amendment#5
Before engagrng in any activity not previously assessed by the Executive Secretary, the lice,nsee
shall administer a cultural resource inventory. All disturbances associated with the proposed
development will be completed in compliance with the National Historic Preservation Act (as
amended) and its implementing regulations, and the Archaeological Resources Protection Act
(as amended) and its implementing regulations.
In order to ensure that no unapproved disturbance of cultural resources occurs, any work
resulting in the discovery ofpreviouslyunknown cultural artifacts shall cease. The artifacts shall
be inventoried and evaluated in accordance with the National Historic Preservation Act (as
amended), and no disturbance shall occur until the licensee has received authorization from the
Executive Secretary to proceed.
The licensee shall avoid by project design, where feasible, the archaeological sites designated
"contributing" in the report submitted by letter to the NRC dated July 28, 1988. When it is not
feasible to avoid a site designated "contributing" in the rqrort, the licensee shall institute adata
recovery program for that site based on the research design submitted by letter from C. E. Baker
of Energy Fuels Nuclear to Mr. Melvin T. Smith, Utah State Historic Preservation Officer
(SHPO), dated April 13, 1981.
The licensee shall recover through archaeological excavation all "contributing" sites listed in the
report which are located in or within 100 feet of borrow areas, stockpile areas, construction
areas, or the perimeter of the reclaimed tailings impoundment. Data recovery fieldwork at each
site meeting these criteria shall be completed prior to the start of anyproject related disturbance
within 100 feet of the site, but analysis and report preparation need not be complete.
Additionally, the licensee shall conduct such testing as is required to enable the Executive
Secretary to determine if those sites designated as "Undetermined" in the report and located
within t 00 feet ofpresent or known future construction areas are of such significance to warrant
their redesignation as "contributing." In all cases, such testing shall be completed before any
aspect of the undertaking affects a site.
Archaeological contractors shall be approved in writing by the Utah SHPO. The Utah SHPO
will approve an archaeological contractor who meets the minimum standards of the State of
Utah as the principal investigator.
The licensee is hereby authorized to possess byproduct material in the form of uranium waste
tailings and other uranium byproduct waste generated by the licensee's milling operations
authorized by this license. Mill tailings shall not be transferred from the site without specific
prior approval of the Executive Secretary in the form of a license amendme'nt. The licensee shall
maintain a permanent record of all transfers made under the provisions of this condition.
9.8
DRC-04
Page 6 of l5
UTAH DIVISION OF RADIATION CONTROL
RADIOACTIVE MATERIALS LICENSE
SUPPLEMENTARY SHEET
License #UTl900479
Amendment#5
9.9 The licensee is hereby exernpted from the requirements of R3l3-1 5-902(5) for areas within the
mill, provided that all entrances to the mill are conspicuously posted in accordance with R313-
l5-902(5) and with the words, "Any area within this mill may contain radioactive material".
9.10 Release of ore trucks and intermodal containers from the restricted area for restricted release
shall be in accordance with Department of Transportations standards set forth in 49 CFR
173.443 or 49 CFR 173.428, as may be amended from time to time. Release of equipment or
packages from the restricted area for unrestricted release shall be in accordance with the NRC
Regulatory Guide 1.86 "Termination of Operating Licenses for Nuclear Reactors" dated June
1974 or NRC document "Guidelines for Decontamination of Facilities and Equipment Prior to
Release for Unrestricted Use or Termination of Licenses for Blproduct, Source, or Special
Nuclear Material," dated May 1987, or suitable alternative procedures approved by the
Executive Secretary prior to any such release.
[Applicable UDRC Amendment: 5 RenewalJ
9.11
Updated Reclamation Plan and Specifications (Revision 5.0)- the licensee must complete and
submit on or before Decernber 3I,20Ilan updated Reclamation Plan and Specifications for the
White Mesa Mill Facility (Revision 5.0), for Executive Secretary review and approval, that shall
include at least the following:
A. Cells 4A,48, and Later Disposal Cell Cover Design Requirernents - the engineering plans and
specifications shall include the a design for a multi-layer, vegetated cover system.
B. Revised Cover Design for Existing Cells 1,2, and 3 - the licensee may
retain the current approved cover system design for the Tailings Cells l, 2, and 3, as found in
Reclamation Plan Revision 3.2 Final edition, as approved by the DRC June 16,2011.
In the event the licensee retains said approved cover systern design at Cells 1,2, and 3, the licensee
shall:
(1)submit a report to the Executive Secretary on or before Novernber 30, 2011 that
demonstrates that the currently approved cover system design at Cells 1,2, and 3 is adequate
to prevent the accumulation of leachate head within the tailings waste layer that could rise
above or over-top the maximum synthetic liner elevation internal to any such cell, i.e. create
a*bathfub" effect; and
in the event that, after review of the Report referred to License Condition 9.l lB(l), the
Executive Secretary is not satisfied that the currently approved cover systern satisfies the
criteria described in License Condition 9.1lB(l), within 60 days after being so-advised in
(2)
DRC.O4
Page 7 of 15
UTAH DIVISION OF RADIATION CONTROL
RADIOACTIVE MATERIALS LICENSE
SUPPLEMENTARY SHEET
License #UT1900479
Amendment#5
writing by the Executive Secretary, submit Reclamation Plan, Revision 6.0 that contains a
modification to the engineering design and specifications in Reclamation Plan, Revision 5.0
that meets those criteria.
C. Transition Zone Details and Construction - the licensee shall provide all necessary engineering
design details, material specifications, and construction equipment / procedures to fully describe
all materials and construction efforts that will be taken to ensure erosion resistance, physical
stability, and adequate cover systern performance for any transition zone between the disposal
cell covers required by License Condition 9.11A and 9.11B.
lApplicable UDRC Amendment: 4J [Applicable UDRC Amendment: 5 RenewalJ
SECTION 10: OPERATIONAL CONTROLS, LIMITS' AND RESTRICTIONS
The mill production rate shall not exceed 4380 tons of yellowcake per year.
The licensee may not dispose of any material on site that is not "blproduct material," as
that term is defined in 42 U.S.C. Section 20la@)Q) (Atomic Energy Act of 1953,
Section I 1(e)(2)).
The licensee may not receive or process any alternate feed material without first
applyng for and obtaining approval of a license amendment. For any such proposal, the
licensee shall dernonstrate that it will comply with Condition 10.1(8). Any such
demonstration shall include:
A.10.1
B.
C.
(1)
(2)
Demonstration of compliance with the NRC Regulatory Summary 2000-23
Recent Changes to Uranium Recovery Policy November 30, 2000; and
Dernonstration of compliance with the November 22, 1999 Protocol for
Determining Whether Altemate Feed Materials are Listed Hazardous Wastes, as
approved by the Utah Division of Solid andHazardous Waste on December 7,
1999.
D.Maximum quantities of feed material stored on the mill site, including alternate feed
materials or other ores, shall not exceed the total material storage quantity found in the
currently approved mill surety pursuant to License Condition 9.5, without prior approval
of the Executive Secretarv.
UTAH DIVISION OF RADIATION CONTROL
RADIOACTIVE MATERIALS LICENSE
SUPPLEMENTARY SHEET
DRC.O4
Page 8 of 15
License #UT1900479
Amendment#5
10.2
10.3
10.4
A.
The licensee may not receive any alternate feed materials or other ores ifthose materials
would cause the facility to exceed the tailings cell disposal capacity established by the
currently approved reclamation plan and/orthe annual suretyreportrequiredbylicense
Conditions 9.11, and 9.5, respectively, without prior approval of the Executive
Secretary.
[Applicable UDRC Amendment: 2]
Al1 liquid effluents from mill process buildings, with the exception of sanitary wastes, shall be
retumed to the mill circuit or discharged to the tailings impoundment.
Freeboard limits, stormwater and wastewater managernent for the tailings cells shall be
determined as follows:
The Freeboard limit for Cell I shall be set annually in accordance with the procedures
set out in Section 3.0 to Appendix E of the previously approved NRC license
application, including the January 10, 1990 Drainage Report. Discharge of any surface
water or wastewater from Cell 1 is expresslyprohibited.
The freeboard limit for Cell 48, which is set to accommodate stormwater runoff for the
entire site not otherwise accommodated by the freeboard limit for Cell l, shall be
recalculated annually in accordance with the procedures approved by the Executive
Secretary. Said calculations for freeboard limits shall be submitted as part ofthe Annual
Technical Evaluation Report (ATER), as described in Condition 12.3 below.
The discharge of any surface water, stormwater or wastewater from Cells 3, 4A, and4B
shall only be through an Executive Secretary authorized spillway structure.
[Applicable UDRC Arnendment 3J [Applicable UDRC Amendment: 4J
Disposal ofmaterial and equipment generated at the mill site shall be conducted as described in
the licensee's submittals to the NRC dated December 12,1994 and May 23,1995, with the
following addition:
A. The maximum lift thickness for materials placed over tailings shall be less than 4-feet
thick. Subsequent lifts shall be less than 2-feet thick. Each lift shall be compacted by
tracking of heavy equipment, such as aCatD-6, at least 4 times prior to placonent of
subsequent lifts.
In accordance with the licensee's submittal to the NRC dated N4ay 20,1993, the licensee is
hereby authorized to dispose of byproduct material generated at licensed in-situ leach (ISL)
facilities, subject to the following conditions:
10.5
DRC-04
Page 9 of 15
UTAH DIVISION OFRADIATION CONTROL
RADIOACTIVE MATERIALS LICENSE
SUPPLEMENTARY SHEET
License #uTl900479
Amendment#5
Disposal of ISL waste is limited to 5000 cubic yards from a single source.
All ISL contaminated equipment shall be dismantled, crushed, or sectioned to minimize
void spaces. Barrels containing waste other than soil or sludges shall be emptied into the
disposal area and the barrels crushed. Barrels containing soil or sludges shall be verified
by the Licensee to be full prior to disposal. Barrels not completely full shall be filled
with tailings or soil prior to disposal.
All ISL waste shall be disposed of in accordance with procedures approved by the
Executive Secretary.
All disposal activities shall be documented and records thereofmaintained on-site. The
documentation shall include descriptions ofthe ISL waste and the disposal locations, as
well as all actions required by this License condition.
The Licensee shall notifu the Executive Secretary in writing at least 7 calendar days
prior to the proposed scheduled date for disposal of any blproduct material generated at
ISL facilities in the tailings cells.
An annual summary of the amounts of waste disposed of from off-site ISL generators
shall be sent to the Executive Secretary on or before November I of each calendar year.
[Applicable UDRC Amendment: 4J
10.6 The licensee is authorized to receive and process source materials from the Allied Signal
Corporation's Metropolis, Illinois, facility in accordance with the amendment request to the
NRC dated June 15. 1993.
[Applicable UDRC Amendment: 5 RenewalJ
I0.7 The licensee is authorizedto receive and process source material from Allied Signal, Inc. of
Metropolis, Illinois, in accordance with the amendment request to the NRC dated September 20,
1996, and amended by letters to the NRC dated October 30,1996 and Novernber 11, 1996.
[Applicable UDRC Amendment: 5 RenewalJ
10.8 The licensee is authorized, to receive and process source material from Cabot Performance
Materials' facility near Boyertown, Pennsylvania, in accordance with the amendment request to
the NRC dated April 3, 1997, as amended by submittals to the NRC dated May 19, 1997 and
August 6,1997.
A.
B.
C.
D.
E.
10.9 DELETED bv DRC 2007 License Renewal DRC Amendment 5.
DRC-04
Page 10 of 15
UTAH DIVISIONI OF RADIATION CONTROL
RADIOACTIVE MATERIALS LICENSE
SUPPLEMENTARY SHEET
License #UT1900479
Amendment#5
10.10 The licensee is authorizedto receive and process source material from Cameco Corporation's
Blind River and Port Hope facilities, located in Ontario,Canada, in accordance with the
amendment request to the NRC dated June 4, 1998, and by the submittals to the NRC dated
September 14,1998, Septernber 16, 1998, September 25,l998,October 7,1998,and October 8,
1998.
However, the licensee is not authorized to receive or process from these facilities, the crushed
carbon anodes identified in these submittals, either as a separate material or mixed in with
material already approved for receipt or processing.
10.1t DELETED by DRC 2007 License Renewal DRC Amendment 5.
10.12 The licensee is authorizedto receive and process source material from the St. Louis Formerly
Utilized Sites Rernedial Action Program (FUSRAP) site, in accordance with statements,
representations, and commitrnents contained in the amendment request to the NRC dated March
2, 1999, and as amended and supplernented by submittals dated June 2 1 , 1999; June 29, 1999
(2); and July 8, 1999. Prior to the licensee receiving materials from the St. Louis FUSRAP site,
the licensee must make a determination that adequate tailings space is available for the tailings
produced from the processing of this material. This determination shall be made based on a
SERP approved internal procedure.
10.13 The licensee is authorizedto receive and process source material from the Linde Formerly
Utilized Sites Rernedial Action Program (FUSRAP) site, in accordance with statements,
representations, and commitments contained in the NRC amendment request dated March 16,
2000, and as amended and supplemented by submittals dated Apil26,2000, May 15, 2000,
June 16,2000, June 19, 2000, and June 23,2000.
[Applicable UDRC Amendment: 5 RenewalJ
10.14 The licensee is authorized to receive and process source material from the W.R. Grace site
located in Chattanooga, Tennessee, in accordance with statements, representations, and
commitrnents contained in the amendment request to the NRC dated Apil 12,2000, as
amended and supplemented by submittals dated Api124,2000, ApiI26,2000, May 5, 2000,
Novernber 16.2000. and Decernber 18. 2000.
[Applicable UDRC Amendment: 5 RenewalJ
10.15 The licensee is authorizedto receive and process source material from the Heritage Minerals
Incorporated site, in accordance with statements, representations, and commitrnents contained in
DRC-04
Page l1 of15
UTAH DIVISION OF RADIATION CONTROL
RADIOACTIVE MATERIALS LICENSE
SUPPLEMENTARY SHEET
License #uT1900479
Amendment#5
the amendment request to the NRC dated July 5, 2000, and as supplemented by submittals dated
November 16,2000, and December 18, 2000.
[Applicable UDRC Amendment: 5 RenewalJ
1 0. 1 6 The licensee is authori zed to receive and process source material from the Molycorp site located
in Mountain Pass, Califomia, in accordance with statements, representations, and commitrnents
contained in the amendment request to the NRC dated December 19,2000, and supplanental
information in letters dated January 29,200I, February 2,200I, March 20,2001, August 15,
2001 , October 17 , 2001, and Novemb er 16, 2001 .
[Applicable UDRC Amendment: 5 RenewalJ
10.17 The licensee is authori zedto receive and process source material from the Maywood site located
in Maywood, New Jersey, in accordance with staternents, representations, and commitments
contained in the amendment requests to the NRC dated June 15, 200l,Jwe22,200l,August 3,
2001, and supplemented byletters dated Novernber 19,2001, December 6,200l,December 10,
200I, March 11,2002, and July 1,2002.
[Applicable UDRC Amendment: 5 RenewalJ
10.18 The licensee is authorizedto receive and process source material from Ponds 2 and 3 of the
FMRI's Muskogee Facility located in Muskogee, Okalahoma, in accordance with staternents,
representations, and commitments contained in the amendment requests and submittals to the
Executive Secretary dated March 7, 2005, June 22, 2005, and April 28, 2006.
[Applicable UDRC Amendment: 2J fApplicable UDRC Amendment: 5 RenewalJ
SECTION 11: MONITORING, RECORDING, AND BOOKKEEPING REQUIREMENTS
11.1 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 bythis
license and any subsequent reviews, investigations, and corrective actions, shall be documented.
Unless otherwise specified in the State of Utah regulations all such documentation shall be
maintained for a period of at least five (5) years.
ll.2 The licensee shall implernent the effluent and environmental monitoring program specified in
Section 5.5 of the renewal application, as amended bythe submittal to the NRC dated June 8
1995, and as revised with the following modifications or additions:
UTAH DIVISION OF RADIATION CONTROL
RADIOACTIVE MATERIALS LICENSE
SUPPLEMENTARY SHEET
DRC-04
Page 12 of 15
License #UTl900479
Amendment#5
Stack sampling shall include a determination of flow rate.
Surface water samples shall also be analyzed serniannually for total and dissolved
U-nat, Ra-226, and Th-230, with the exception of the Westwater Creek, which shall be
sampled annually for water or sediments and analyzed as above. A sediment sample
shall not be taken in place of a water sample unless a water sample was not available.
Groundwater sampling shall be conducted in accordance with the requirernents in
the current Utah Ground Water Discharge Permit No UGW370004 (Permit).
Withthe exception of groundwater samplingthelicensee shall utilize lowerlimits of
detection in accordance with Section 5 of the NRC Regulatory Guide 4.14, as amended,
for analysis of effluent and environmental samples.
The inspections performed semiannually of the critical orifice assembly committed
to in the submittal to the NRC dated March 15, 1986, shall be documented. The critical
orifice assembly shall be calibrated at least every 2 years against a positive displacement
Roots meter to obtain the required calibration curye.
[Applicable UDRC Amendment 3J [Applicable UDRC Amendment: 5 RenewalJ
I1.3 The licensee shall implement a monitoring program of the leak detection systems for disposal
Cells 4,A. and 48 in accordance with requirements of the Permit. The licensee shall also
implonent an operation, maintenance, and monitoring program ofthe leak detection systems for
disposal Cells 1, 2,and 3 as follows:
The licensee shall maintain all leak detection systern piping, including any access pipes,
fully functional and free of any significant quantities of soil, debris or detritus. All
access pipes shall be capped to prevent inflow of rainwater and any such soil, debris or
detritus when not in use. The licensee shall submit with each license renewal
application video logs of said access pipes to demonstrate the physical condition of the
systern. In the event that the licensee determines any access pipe is blocked, or
otherwise not fully functional, the licensee shall: 1) rernove all blockages within ten
business days of discovery, and2) submit a written report for Co-Executive Secretary
approval within 30-calendar days of discovery.
The licensee shall measure and record the "depth to fluid" in each of the tailings
disposal cell standpipes on a weekly basis in accordance with a standard operating
procedure. If sufficient fluid is present in the leak detection system (LDS) of any cell,
the licensee shall pump the fluid from the LDS withintwo business days afterdiscovery,
to the extent reasonably possible, physically measure all fluid volumes removed, and
b.
c.
d.
e.
A.
B.
UTAH DIVISION OF RADIATION CONTROL
RADIOACTIVE MATERIALS LICBNSE
SUPPLEMENTARY SHEET
DRC-04
Page 13 of 15
License #UTI900479
Amendment #5
C.
D.
record the volume of fluid recovered. Any fluid pumped from a LDS shall be returned
to a disposal cell.
If fluid is pumped from a LDS, the licensee shall calculate the flow rate by dividing the
recorded volume of fluid recovered by the elapsed time since fluid was last pumped or
increases in the LDS fluid levels were recorded, whichever is the more recent. The
licensee shall document the results of this calculation.
If the calculated flow rate is less than one gallon per minute, the licensee shall continue
with weekly measurements of "depth to fluid" in the LDS standpipes, rernoval of said
fluids, and discharge thereofto a licensed disposal cell.
If the calculated flow rate is equal to or greater than one gallon per minute, the licensee
shall:
1. notifr the Executive Secretary by telephone within 48 hours, in accordance with
License Condition 9.2:, and
collect a fluid sample and analyze the fluid for pH and the parameters listed in Table
2 of the Permit;
determine if the LDS fluid originated from the disposal cell by ascertaining if the
signature of the collected fluid compared to the signature of tailings solutions in the
cell indicates that the fluid has originated from the cell. The licensee will prepare a
report summarizing its determinations, which will be submiffed to the Executive
Secretary for approval within 60 days after notification is given to the Executive
Secretary under License Condition I 1.3D(l).
Ifthe LDS fluid is determined not to have originated from the disposal cell, the licensee
shall continue with weekly measurements of"depth to fluid" in the LDS standpipes. The
licensee shall confinn, on an annual basis, that fluid from the disposal cell has not
entered the LDS by collecting (to the extent possible) and analyzinga LDS fluid sample
for all of the constituents found in Table 2 of the Permit and field pH.
If the flow rate is equal to or greater than one gallon per minute and the LDS fluids are
determined to have originated from the disposal cell:
2.
3.
E.
F.
(1)
(2)
Evaluate the cause of the liner distress and take appropriate and timely actions to
mitigate the leak and any consequent potential impacts;
Continue to measure and record LDS "depth to fluid" measurements weekly;
and
UTAH DIVISION OF RADIATION CONTROL
RADIOACTIVE MATERIALS LICEI{SE
SUPPLEMENTARY SHEET
DRC-04
Page 14 of 15
License #UT1900479
Amendment#5
(3)Submit a detailed work plan and schedule that includes a description of the
mitigative action(s) taken and a discussion of the mitigative action results and
any proposed mitigative actions. In the event that mitigative actions have yet to
be taken, the detailed workplan and schedule will be subject to Executive
Secretary approval.
G.In addition to the reporting required in License Condition 1 1.3(A) and (D), all sampling,
analysis, and evaluation of LDS fluids shall be documented and all records retained
onsite until license termination for Executive Secretary inspection.
[Applicable UDRC Amendment 3J fApplicable UDRC Amendment: 4]
[Applicable UDRC Amendment: 5 Renewal]
Annually, the licensee shall collect, during mill operations, a set of air samples covering eight
hours of sampling, at a high collection flow rate (i.e., greater than or equal to 40 liters per
minute), in routinely or frequently occupied areas of the mill. These samples shall be analyzed
for gross alpha. In addition, with each change in mill feed material or at least annually, the
licensee shall analyze the mill feed or production product for U-nat, Th-230,Ra-226, and Pb-
210 and use the analysis results to assess the fundamental constituent composition of air sample
particulates.
Calibration of in-plant air and radiation monitoring equipment shall be performed as specified in
the license renewal application, under Section 3.0 of the "Radiation Protection Procedures
Manual,o'with the exception that in-plant air sampling equipment shall be calibrated at least
quarterly and air sampling equipment checks shall be documented.
ll.4
I 1.5
11.6 The licensee shall perform an annual ALARA audit of the radiation safety program in
accordance with the NRC Regulatory Guide 8.31.
SECTION I2z REPORTING REQUIREMENTS
l2.l The licensee shall submit a detailed decommissioning plan to the Executive Secretary at least
twelve (12) months prior to planed final shutdown of mill operations that includes a detailed
Quality Assurance Plan. The plan will be in accordance with NRC Regulatory Guide 4.15,
"Quality Assurance for Radiological Monitoring Programs" and NUREG-|575, "Multi-Agency
Radiation Survey and Site Investigation Manual (MARSSIM)" or equivalent most current
guidance.
DRC.04
Page 15 of 15
UTAH DIVISION OF RADIATION CONTROL
RADIOACTIVE MATERIALS LICENSE
SUPPLEMENTARY SHEET
License #UTl900479
Amendment#5
[Applicable UDRC Amendment: IJ
[Applicable UDRC Amendment: 2J [Applicable UDRC Amendment: 5 RenewalJ
12.2 Annual Technical Evaluation Report (ATER) - the licensee shall submit an ATER for
Executive Secretary approval no later than Novernber 15, of each year, to coincide with the
annual freeboard calculation date of November I't of each year when using the new
Freeboard Calculation Method, as described in the letter from David A. Rupp of the Utah
Division of Radiation Control to Mr. David C. Frydenlund of Denison Mines (USA) Cotp,
dated Api|29,2010. Each ATER shall incorporate all documents and attachments,
including applicable updates to previously submitted documents with attachments that
support information presented in the ATER, including, but not limited to maps, drawings,
tables, and figures. The licensee shall include, as part of the ATER, results of tailings cell
tonporary cover settlement and dike displacernent monitoring activities. The content of the
tailings cell ternporary cover settlernent and displacement monitoring program related
information shall include those records required under the Settlement Monitoring and
Movement Monitoring SOPs (License Conditions 1 1.7 and I 1.8), as approved by the
Executive Secretary.
[Applicable UDRC Amendment: 4J [Applicable UDRC Amendment: 5 RenewalJ
I2.3 The licensee shall submit a survey of land use (private residences, grazing areas, private and
public potable water and agricultural wells, non-residential structures and uses and assess
population growth or industry growth) in the area within a2.5 mlle radius of the White Mesa
Uranium Mill facility property boundaries with each license renewal application. Each
report shall indicate any differences in land use from that described in the last report
including the following: l) providing references andlor 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.
[Applicable UDRC Amendment: 5 RenewalJ
UTAH RADIATION CONTROL BOARI)
Rusty Lundberg, Executive Secretwy Date