DRC-2011-001210 - 0901a068801f5c6d

Department of
Environmental Qualitypf
Amanda Smith
• Executive Direcior
DrVlSlON OF RADIATION GONTROL
Rusty Lundberg
Directoi'
State of Utah
GARY R. HERBERT
Governor
GREG BELL
Lieutenant Governor
January 13, 2010
Mr. Harold Roberts
Executive Vice President, U-S, Operations
Denison Mines (USA) Corp.
1050 17"'Street, Suite 950
Denver, CO 80265
Re: January 13,2010 Variance Request Regarding TaiHngs Cell 4A Freeboard Limit:
Conditional Approval.
Dear Mr. Roberts,
We acknowledge a January 6, 2011 telephone conversafion we had with you regarding rising
wastewater levels in Tailings Cell 4A, while you await Diyisipnf eyi^w findings on construction
of Tailings Cell 4:B. Both parties recognize that upon approval of Cell 4B, that any freeboard
limit exceedance vvill be resolved as wastewater flows over the spillvvay constructed between
Cells 4A and 4B; During the January 6, 2011 call, the Division had agreed to exercise
enforcement discretion for limited fime regarding excess Cell 4A wastewater level conditions.
We acknowledge that Cell 4B has been constmcted, that DUSA has submitted several required
documents to the Division that are currently under Division review, including; 1) the final as-built
report for Cell 4B, 2) operational and maintenance procedures for the new cell, and 3) revisions to,
the existing reclamafion plan to address future Cell 4B closure. In addition, the Division is
awaiting submission of evidence of adequate suretyj of which you informed us today would be
submitted next week. ' • I
We understand the exigent conditions involved in tailings fluid management duiing the period the ;
Division reviews the documents mentioned above:
We also recognize your telephone request today, where you asked for a written variance to the .
Cell 4A freeboard limit. We also recognize receipt of the following DUSA email documieiits: '
• Januarv 13; 2011 (8:02 am) - providing recent Cell 4A freeboard measurements.' Included
in this email was information that the fVeeboard was exceeded sometime between Jiahuary
7 and 10, 2011, and that as of this morning, the wastewater level was 21 inches below the
spillway to Cell 4B. . •
• Januarv 13, 2011 (11:42 am) - including a formal request for written variance regarding
195 North 1950 West • Salt Lake City, UT
Mailing Address: P.O. Box 144850 • Salt LakeCity, UT 84114-4850
Telephone [phone] • Fax [phone] • t.D;D. [phone]
www.fieq.uiah.gov ^.
,., Prinled.on 100% recycled paper .' . . - :•
Page 2
the excess Cell 4A wastewater levels
This letter constitutes conditional approval of variance to the Cell 4A wastewater freeboard limit,
subject to the following conditions:
1. Discharge of any tailings solids or wastewater into Cell 4B is prohibited before DUSA
receipt of written Division approval.
2. DUSA will continue to make daily wastewater level measurements in Cell 4A, and
report these to Division staff via email on a daily basis.
3. This variance shall expire on March 1, 2011.
If you have any questions regarding the terms of this variance approval, please contact Loren
Morton of my staff at 801-536-4262.
UTAH WATER QUALITY BOARD
Rusty Lundberg
Co-Executive Secretary
RL/'LM:lm
F:-... \Cell 4A Freeboard Variance.doc
File: DUSA GW Pennit, Cell 4B