DRC-2010-005761 - 0901a068801d534c

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Thomas Rushing ii - White Mesa Uranium Mill Nitrate Contamination Investigation Report,
Stipulated Consent Agreement Docket No, UGW 09-03, Notice of Additional Required Action
RT-201.0-00576 1 From: David Frydenlund <[e-mail]>
To: Rusty Lundberg <[e-mail]>
Date: 10/20/2010 7:20 PM
Subject: White Mesa Uranium Mill Nitrate Contamination Investigation Report, Stipulated Consent
Agreement Docket No. UGW 09-03, Notice of Additional Required Action
CC: Loren Morton <[e-mail]>, Thomas Rushing ii <[e-mail]>, Harold
Roberts <[e-mail]>, Jo Ann Tischler <[e-mail]>,
Ron Hochstein <[e-mail]>
Dear Mr. Lundberg:
Reference is made to the Stipulated Consent Agreement UGW09-03 dated January 28, 2009 (the "Consent
Agreement"), pursuant to which Denison Mines (USA) Corp. ("Denison") agreed to complete a nitrate
contamination investigation of the shallow aquifer at Denison's White Mesa Mill and to submit a Contaminant
Investigation Report ("CIR") that meets the performance standards set out in item 6A of the Consent Agreement.
Reference is also made to your Notice of Additional Required Action dated October 5, 2010, which was hand
delivered to Denison on October 5, 2010, in which you advised that you have determined that the CIR is
incomplete and has not fully satisfied the Consent Agreement requirements, and that the stipulations in the
Consent Agreement are in full effect and enforceable. ^
Please be advised that Denison hereby requests that:
1. Pursuant to item 11 of the Consent Agreement, the deadline stipulated in item 7C of the Consent
Agreement, that Denison must remedy any omissions in, content requirements of, or failures to meet any
performance standards or objectives relating to the CIR mandated by Item 6A of the Consent Agreement,
within 30 calendar days of receipt of your Notice, be amended to be replaced with the following schedule
as may be amended from time to time by agreement between the Executive Secretary and Denison:
a. Denison representatives will meet with the Executive Secretary and his legal counsel within two
weeks from the date hereof to discuss the legal responsibilities of Denison with respect to the
nitrate contamination;
b. Once the legal responsibilities of Denison with respect to the nitrate contamination have been
determined, Denison will, within 30 days after such a determination is made, submit to the
Executive Secretary for approval a plan and schedule to perform any further investigations that
may be required in order to remedy any such omissions, content requirements or failures of
performance standards, and to submit a revised CIR; and
c. Denison will perform such investigations and submit a revised CIR in accordance with the agreed
upon plan and schedule; and
2. Section 6A of the Consent Agreement, relating to the preparation of shallow aquifer equipotential or
isoconcentration maps, be amended to expressly apply only to the need to use groundwater head data
that is contemporaneous with one another: i.e. within 5 calendar days. We do not believe it was the intent
of the parties that groundwater quality data also meet this 5-day requirement. It is not feasible to obtain
groundwater quality data for all wells at the site (which includes nitrate and chioride results from the
groundwater monitoring wells, the chloroform monitoring wells and the nitrate monitoring wells) that is
within 5 calendar days of one another. It takes a full quarter to perform all of that sampling. Further, such
a requirement is not necessary given the slow groundwater travel times at the site, and a similar
requirement does not apply to any other sampling at the site including the sampling associated with the
chloroform contamination investigation.
Please contact the undersigned if you have any questions or require any further information.
Yours truly,
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David C. Frydenlund
Vice President, Regulatory Affairs and Counsel
David Frydenlund
Vice Piesident. Regulatoyy Alfa
SecKirii't'
Co'j'ise! and Coip
t: [phone] | f: [phone]
1050 17th Street, Suite 950, Denver, CO 80265
DENISON MINES (USA) CORP
www.denisonmines.com
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