DRC-2011-007907 - 0901a06880303bfe

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 20, 2011
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
Mr David C Frydenlund
Vice President and General Counsel
Denison Mines (USA) Corp (DUSA)
1050 Seventeenth St Suite 950
Denver, Colorado, 80265
Subject 2011 Annual Technical Evaluation of the White Mesa Uranium Mill Tailmgs Management
System (ATER) Ground Water Quality Discharge Permit UGW370004 Notice of
Enforcement Discretion and Confirmatory Action
Dear Mr Frydenlund
On November 16, 2011, the Utah Division of Radiation Control (DRC) received the Annual Technical
Evaluation of the White Mesa Uranium Mill Tailmgs Management System (dated November 7-9, 2011)
After review of the referenced report, some issues were identified, as discussed below These items were
discussed with you dunng a teleconference on October 26, 2011 This letter summarizes the outcome of
our staff review of the Report and the agreements made during the teleconference The DRC findings were
as follows
1 One or more settlement monitors installed on the westem portion of Cell 2 showed settlement of
about 0 64 feet This apparent settlement could be the result of survey error or actual settlement If
it is actual settlement, it is well in excess of the 0 1 foot that is allowed between monthly
measurements under the Standard Operating Procedure (SOP) approved November 3, 2011
Enforcement Discretion
The Executive Secretary has elected to use enforcement discretion in this matter for several reasons First,
the apparent settlement could be the result of survey error As descnbed below, DUSA will evaluate survey
data from the December, 2011 and January, 2012 monitoring penods to determine whether survey error
explains the apparent excess settlement Second, the SOP was not in force until late in the penod covered
by the ATER If the results of current investigations prove that the settlement is real, the Executive
Secretary reserves the nght to revisit enforcement action
195 North 1950 West • Salt Lake City, UT
Mailing Address P O Box 144850 • Salt Lake City, UT 84114-4850
Telephone [phone] • Fax (801) 533^097 'TDD [phone]
wY/w deq utah gov
Printed on 100% recycled paper
David C Frydenlund
Page 2
December 20, 2011
Confirmatory Action
DUSA will perform the required monthly settlement surveys in December, 2011 and January, 2012 Using
this data, DUSA will evaluate whether the apparent excess settlement is the result of survey error As
agreed m a conference call between DRC and DUSA on December 12, 2011, DUSA will provide to DRC
on or before February 4, 2011 results of surveys and other analyses used to determine the cause ofthe
apparent excessive settlement
Please respond in wnting withm three calendar days of receipt of this letter if you disagree with the above
agreed upon resolution or compliance schedule
Thank you for your continued cooperation
UTAH WATER QUALTTY BOARD
Rusty Lundberg
Co-Executive Secretary
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David C Frydenlund
Vice President & General Counsel
Denison Mines (USA) Corp (DUSA)
105017th ST STE 950
Denver CO 80265
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David C Frydenlund
Vice President & General Counsel
Denison Mines (USA) Corp (DUSA)
1050 17th ST STE 950
Denver CO 80265
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