DRC-2009-007203 - 0901a0688015a939

State of Utah
GARY R. HERBERT
Covtmor
GREG BELL
Ufuifnam Governor
^?x-^xoq-007^2^
Department of
Environmental Quality
.\majida Smith
Executive Dirrrinr
DIVISION OF RADIATION CONTROL
Dane L. Finerfrock
Direcior
November 17,2009
Certified Mail
(Retum Receipt Requested)
Mr. David C. Frydenlund
Vice President and General Counsel
Denison Mines (USA) Corp. (DUSA)
1050 Sevenieenlh Si. Suile 950
Denver, Colorado, 80265
SUBJECT: l" Quarter, 2009 DUSA Groundwater Monitoring Report: Ground Water Quality
Discharge Permit UGW370004: DRC Fiadings, Notice of Enforcement Discretion, and
Request For Information
Dear Mr. Frydenlund:
On June 1,2009, the Ulah Division of Radiation Conu-ol (DRC) received the l" Quarter (Jan - March)
2009 Groundwater Monitoring Report (1" Quarter 2009 Report). After review of the 1" Quarter 2009
Report for the Denison Mines (USA) Corp. (DUSA) White Mesa Uranium MiU near Blanding, Utah, the
following issues were identified:
Parameters That Were Not Analyzed or Reported as Required by the Permit
As documented in the I" Quarter, 2009 Report, monitoring well MW-23 was sampled on February 11,
2009, as evidenced by the Field Dala Worksheet for well MW-23 in Tab B. The analytica! repon. for the
well was provided in Tab G of the report; however, ihe analytical report did not include a result for
Ihallium. Failing to report a result for thallium in MW-23 is in violation of Part I.F.I ofthe Permit.
This is a continuing problem. On April 21, 2009, DUSA was issued a NOV (Docket No. UGWG9-
04) for failing to report a result for TDS in well MW-25 in the 4'*' Quarter 2008 Report, for the November
2008 monitoring evenl. In a May 22, 2009 response to the NOV, DUSA claimed it has taken the following
steps to correct the violation:
I. "Mill staff have been instructed to advise Denver corporate environmeninl staff in writing, hy
email or othenvise, ofany resampling required at the MiU:
Denver corporate environmental staff has been advised to contact Mill staff prior to preparation
uf quarterly Groundwater Monitoring Reports to detennine if there had been any re-sampling or
olher unusual sampling or analytical issues during the period;
ll.
III. Denver corporate environmental staff has been reminded ofthe need to carefully review the
analytical results lo ensure that the results include results for each constituent in all -^eUs
168 North 1950 West • .Salt Uke City, tlT
Mailing Address: P.O. Box 144850• Salt Lake Cily. UT 84! 14-4850
Tclephone(80l)5.16-4250'Faxl801) 533-4097-TDD. [phone]
M'k-U' fiFQ.uialt ^fiv
Printed on 100* rrcycted pjr<^r
Mr, Frydenlund
November 17.2009
Page 2
required to be sampled during the reporting period;
iv. Denver corporate environmental staff has been reminded to review the Field Data Worksheets
carefully to ensure that they contain the required information and do not indicate any problem
areas that require further review; and
V. DUSA 'is reviewing aiui revising the checklists it employs when preparing its quarterly
Groundwater Monitoring Reports io ensure that they include the items in (ii), (iii) and (iv) above
as welt as all otiier pertinent matters, including matters identified in Ihe responses below in
connection with the olher two violations cited in the Notice. "
DUSA also committed in the May 22, 2009 response, that this issue would be would be resolved
commencing with the 2"'' Quarter, 2009 Groundwater Monitoring Report.
Notice of Enforcement Discretion
The Executive Secretary has decided lo use enforcemenl discretion in Ihis matter, in that, the well MW-23
February 11, 2009 sample was collected prior to the May 22, 2009 DUSA commitment that this issue
would be resolved commencing with the 2"' Quarter, 2009 Groundwater Monitoring Report. Future failure
to analyze for any analyte in any well could result in escalated enforcement action.
Water Table Contour Map.Data Not Contemporaneous
As staled in Section 6.1 of the DUSA QAP, depth to groundwater shall be measured quarterly in all POC
wells, piezometers, and chloroform investigation wells, The elevation data collected shall be used to create
a Water Table Contour Map. This Water Table Contour Map will show "groundwater elevation data for
the quarter and will be contemporaneous for all wells on site, not to exceed a maximum time difference of
five calendar days " (see Section 11 of the QAP).
Groundwater head monitoring during the l" Quarter, 2009 monitoring event was collected between
February 2 and March 10, 2009. The Water Table Contour maps shown in Tab H of the l" Quarter Report
was created with daia collected greater than the maximum lime difference of five calendar days. This was
verified by comparing the depth to water (DTW) measurements shown in the DUSA summary tables in
Tab H, lo the elevations reported on the Water Table Contour Map. Three examples from the 1" Quarter,
2009 Report is shown in the table below:
Ground^valer
Monitoring
Report
1"Qir,2009
l"QLr,2009
P'Qtr, 2009
Well (Date Measured)
VTW-20 - Fcbnjary 2,
2009
PlEZ-1 -February 17,
2009
T^^'4-I1-March 10.
2009 .
DUSA DTW
Measurement
(DTW)
80.69''"
62.94-'"
59.82'"'
Measuring Poinl
Elevation (MPE)
5,540.60''"
5.655.46- "'
5.623.62' ""
MPE-DTW =
Depth to Water
Elevation
5.540.60-80.69 =
5,4,59.91
5,655.46-62.94 =
5,592.52
5.623.62-59.82 = 5.563.80
Elevation as
round on
DUSA Map
5,460- "1
5,593' "•'
5.564' I"
]} DoiD otoamcd mMn Tab H i>l ihc 1" Quwlcr ?0(W (Jmunlwjicr MuniK>nii^ RrTmn
;, Dau uhaiim) fiom ihc CWHEAD DUSA.XLS USC kptridiitirei
The DTW measurement forMW-20 was collected on Februaiy 2, 2009, while the DTW measurement for
TW4-11 was collected on March JO, 2009. These two data points represent the maximum separation
between events in ihe 1" Quarter, 2009 (36 days). Therefore, ihe Water Table Contour map found in the I"
Quarter. 2009 Report is in violation of Section 11 ofthe DUSA QAP and Part I.E.l(a) ofthe Permit.
Mr. Frydenlund
November 17, 2009
Page 3
This is a continuing problem On April 21, 2009, DUSA was issued a NOV (Docket No. UGWG9-
04) due to the fact that the 3'" and 4'" Quarter, 2008 Water Table Contour Maps were created wilh elevation
data that was nol contemporaneous. In a May 22, 2009 response to the NOV, DUSA committed that:
"starting with the 2^ Quarter of 2009, Mill personnel will conduct a separate campaign to take water
measurements from all required welts and piezometers independently of sampling, to ensure that all such
water level measurements are obtained within the required five-day period."
DUSA also committed that compliance will be achieved commencing with the water level measurements
taken during the 2"^ quarter of 2009, as reported in the 2""* Quarter 2009 Groundwater Monitoring Report.
Notice of Enforcement Discretion
The E,<ecurive Secretary has decided to use enforcemenl discretion in this matter, in that, the T' Quarter,
2009 DTW measurements were collected prior to the DUSA commitment that this issue would be resolved
commencing with the 2™* Quarter, 2009 Groundwater Monitoring Report.
As a result, the DRC will not pursue enforcement for the Water Table Contour Map problem at this time,
but will give DUSA the benefit of doubt that it has "solved" the problem. Plea.se ensure that compliance is
achieved and maintained so as to avoid escalated enforcement action in the future.
Thank you for your cooperation in this matter. If you have any questions or comments regarding this
letter, please contact Phil Goble at [phone].
Sincerely,
UTAH WATER QUALITY BOARD
Dane L. Finerfrock
Co-Executive Secretary
DLF/PRG:prg