DRC-2011-007700 - 0901a06880295cb1

State of Utah
GARY R. HERBERT
Governor
GREG BELL
Lieutenant Governor
Department of
Environmental Quality
Amanda Smith
Executive Director
DIVISION OF RADIATION CONTROL
Rusty Lundberg
Director
December 14, 2011
CERTIFIED MAIL
Return Receipt Requested
Billy Ray
Rio Algom Mining LLC - Site Manager
P.O. Box 218
Grants, NM 87020
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Billy Ray
Rio Algom Mining LLC
P.O.Box 218
Grants, NM 87020
City, State, ZIP+4
RS, tprni 3800;. August 2006 See Reverse for Insfructiohs,
Subject: October 27, 2011 Rio Algom Mining Request for Reduced Ground Water Sampling
Frequency for Out-of Compliance Monitoring at Wells RL-1 and EF-8, Lisbon Facility,
Radioactive Materials License No. UT1900481: DRC Notice of Rejection
Dear Mr. Ray:
This is in response to your letter dated October 27, 2011, which includes an attached technical
memorandum, prepared by "Montgomery and Associates" and titled Technical Evcduation of Sampling
Frequency Lisbon Valley Facility, dated October 24, 2011 (Technical Memorandum 1). Your letter
specifically requests a reduction in sampling frequency, from monthly to quarterly; for Uranium at
Ground Water Monitoring Trend Well RL-1; and Uranium at Ground Water Monitoring Trend Well
EF-8. As you recall, the monthly frequency for Out-of-Compliance (OOC) monitoring is required by
Utah Radioactive Material License, License No. UT1900481 (RML), Condition 53.C.
Per DRC review of Technical Memorandum 1, the following lines of evidence are used to support the
OOC monitoring frequency reduction:
1. "Montgomery and Associates" review of the Lisbon Valley conceptual site model which appears
to support quarterly monitoring for OOC,,
2. Low groundwater velocities in the Burro Canyon Aquifer,
3. The existence of other monitoring wells "downgradient" of the OOC wells which can be used to
evaluate contaminant migration, and,
4. The "low threat of exposure" of the groundwater by public consumption, li vestock or agricultural
uses within the LTSM.
195 North 1950 West • Salt Uke City, UT
Mailing Address: P.O. Box 144850 •-Salt Uke City. UT 84114-4850
Telephone (801) 5.%-4250 • Fax [phone] • T.D.D. [phone]
www.dcq.iitnh.gin'
Printed on l()0',f recycled paper
Billy Ray
Rio Algom Mining LLC - Site Manager
Page 2
Notice of Rejection
DRC notes that per another "Montgomery and Associates" Technical Memorandum dated August 10,
2011 and titled Technical Evaluation of Lisbon Valley Facility Groundwater Quality (Technical
Memorandum 2), it is stated on page 2, ''Groundwater flow directions and gradients and uranium
concentrations are uncertain in the area east of Trend Well RL-1 and in the near Trend Well EF-8,
where recent uranium concentrations also exceed the TAL." Also, per Attachment A of Technical
Memorandum 2, an element of the ACL review project will be to evaluate the original measurement and
calculation of regional hydraulic conductivity in the Burro Canyon Aquifer, in order to reassess its
validity. Such work will include an evaluation for the need of additional monitoring wells and slug tests
as discussed during a meeting between DRC, Rio Algom, and "Montgomery and Associates" on
October 13, 2011.
Therefore, it seems premature to reduce the OOC monitoring frequency at this time.
Please ensure that monthly monitoring is conducted for wells and parameters in OOC status (currently
including Uranium at well RL-1 and Uranium at well EF-8) until the monitoring frequency can be fully
evaluated and the OOC status is resolved to the Executive Secretary's satisfaction.
After completion of the ACL review, it may be appropriate to re-consider the request and reduce the
monitoring frequency for wells/parameters in OOC status (relevant to all facility wells or subset as
determined by the ACL model review). As discussed during the October 13, 2011 meeting, this change
will amount to a reduction in the cuiTent RML requirements for wells in OOC status and will require
License modification and associated public notice and participation requirements.
If you have questions regarding this letter please contact us at [phone].
Sincerely,
Utah Radiation Control Board
Rusty Lundberg ^
Executive Secretary
RL:TR:tr
cc: Richard Bush, U.S. Department of Energy
Rio Algom OOC
State of Utah
GARY R. HERBERT
Governor
GREG BELL
Lieutenant Governor
Department of
Environmental Quality
Amanda Smith
Executive Director
DIVISION OF RADIATION CONTROL
Rusty Lundberg
Director
December 14, 2011
CERTIFIED MAIL
Return Receipt Requested
Billy Ray
Rio Algom Mining LLC - Site Manager
P.O. Box 218
Grants, NM 87020
Subject: October 27, 2011 Rio Algom Mining Request for Reduced Ground Water Sampling
Frequency for Out-of Compliance Monitoring at Wells RL-1 and EF-8, Lisbon Facility,
Radioactive Materials License No. UT1900481: DRC Notice of Rejection
Dear Mr, Ray:
This is in response to your letter dated October 27, 2011, which includes an^attached technical
memorandum, prepared by "Montgomery and Associates" and titled Technical Evaluation of Sampling
Frequency Lisbon Valley Facility, dated October 24, 2011 (Technical Memorandum 1). Your letter
specifically requests a reduction in sampling frequency, from monthly to quarterly; for Uranium at
Ground Water Monitoring Trend Well RL-1; and Uranium at Ground Water Monitoring Trend Well
EF-8. As you recall, the monthly frequency for Out-of-Compliance (OOC) monitoring is required by
Utah Radioactive Material License, License No. UT1900481 (RML), Condition 53.C.
Per DRC review of Technical Memorandum 1, the following lines of evidence are used to support the
OOC monitoring frequency reduction:
1. "Montgomery and Associates" review of the Lisbon Valley conceptual site model which appears
to support quarterly monitoring for OQC,
2. Low groundwater velocities in the Burro Canyon Aquifer,
3. The existence of other monitoring wells "downgradient" of the OOC wells which can be used to
evaluate contaminant migration, and,
4. The "low threat of exposure" of the groundwater by public consumption, li vestock or agricultural
uses within the LTSM. ,
195 North 1950 West • Salt Uke City. UT
Mailing Address: P.O. Box 144850 • Salt Uke City. UT 84114-4850
Telephone [phone]) • Fax [phone] • T.D.D. (801) 5.36-4414
www.deqiitnh.ftov
Primed on 100^ recycled paper
Billy Ray
Rio Algom Mining LLC
Page 2
Notice of Rejection
Site Manager
DRC notes that per another "Montgomery and Associates" Technical Memorandum dated August 10,
2011 and titled Technical Evaluation of Lisbon Valley Facility Groundwater Quality (Technical
Memorandum 2), it is stated on page 2, "'Groundwater flow directions and gradients and uranium
concentrations are uncertain in the area east of Trend Well RL-1 and in the near Trend Well EF-8,
where recent uranium concentrations also exceed the TAL.'' Also, per Attachment A of Technical
Memorandum 2, an element of the ACL review project will be to evaluate the original measurement and
calculation of regional hydraulic conductivity in the Burro Canyon Aquifer, in order to reassess its
validity. Such work will include an evaluation for the need of additional monitoring wells and slug tests
as discussed during a meeting between DRC, Rio Algom, and "Montgomery and Associates" on
October 13, 2011.
Therefore, it seems premature to reduce the OOC monitoring frequency at this time.
Please ensure that monthly monitoring is conducted for wells and parameters in OOC status (currently
including Uranium at well RL-1 and Uranium at well EF-8) until the monitoring frequency can be fully
evaluated and the OOC status is resolved to the Executive Secretary's satisfaction.
After completion of the ACL review, it may be appropriate to re-consider the request and reduce the
monitoring frequency for wells/parameters in OOC status (relevant to all facility wells or subset as
determined by the ACL model review). As discussed during the October 13, 2011 meeting, this change
will amount to a reduction in the cuirent RML requirements for wells in OOC status and will require
License modification and associated public notice and participation requirements.
If you have questions regarding this letter please contact us at [phone].
Sincerely,
Utah Radiation Control Board
Rusty Lundberg ^
Executive Secretary
RL:TR:tr
cc: Richard Bush, U.S. Department of Energy
Rio Alaom OOC