DRC-2011-005892 - 0901a06880234124

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Thomas Rushing ii - Re: DUSA Nitrate Plume Phase 1 & Phase 2-5 Woric Plan Retviews; Task Order Work
Authorization (UTll.1102.002 Contract)
From: Thomas Rushing ii
To: [e-mail]
Date: 5/24/2011 7:48 AM
Subject: Re: DUSA Nitrate Plume Phase 1 & Phase 2-5 Work Plan Reviews; Task Order Work Authorization (UTll.1102.002
Contract)
CC: Lundberg, Rusty; Morton, Loren
Attachments: URS Rev 3 Work Order.pdf
Bob, y fl U
A copy of the work authorization, signed by Rusty, is attached.
Let me know if you have concerns, etc.
Tonn
Tom Rushing, P.G.
Utah Division of Raid iation Control
[phone]
[phone]
trushinq(5)utah.qov
>>> <[e-mail]> 5/19/2011 1:01 PM >>>
Tom:
Please find attached our form to authorize addition of new funds to an existing task order. This simply authorizes URS to bill against the
funds DUSA has committed to cover ($14,209). This is similar to the form we provided you back in March for the first stage of the Nitrate
Plume work (authorized $17,704). This authorization will bring the total authorized for work on Nitrate Plume to $31,913.
Please request Rusty to sign this form, then return it to me so we can obtain URS' signature. Once both parties have signed, we will return a
copy for your files.
Please call if you have any questions or required clarification.
Robert D. Baird, PE
756 East Winchester Street, Suite 400
Salt Lake City, Utah 84107
Tel: [phone]
Fax: [phone]
Cell: 801-913-2178
robert._d_baird @ urscorp.com
[e-mail]
[e-mail]
This e-maii anci any at!
recipieiit. you snould n contain URS Corporation confidential irrtormattoii lhat
istabij-e, disciase or usa any o; tnis infoimation and •••;-.
I piopnetary or pnvifeged. ir you receive Vras rness^aoe :n e/ror or are nor llie intends
Id oestroy ii^e e-n^aM and anv attaciimenis or cooies.
file://C:\Documents and SeUings\TrushingVLocal Settings\Temp\XPgt-pwise\4DDB62C5EQDOMAINEQRADI00172627417... 5/24/2011
URS
Washington Division
TASK ORDER
WORK AUTHORIZATION
CUSTOMER: Utah Division of Radiation Control (LfDRC)
PROJECT NAME: Review Phase 1 and Phase 2-5 Work Plans for White Mesa Mil! Nitrate Investigation
COOTRACT AGREEMENT NO.: 116259 under Memorandum of Agreement between Utah Division of Radiation
Control and Denison Mines (USA) Corp. (Aitachment A)
TASK ORDER NO.: UTI 1 .UDEQ. 1102.002
REVISION NO.: 1
EFFECTTVE START DATE: May 1, 2011
BASIS FOR PA YMENT/COST ESTIMATE IS DETAILED JCV ATTACHIVIENT A
SCOPE OF SERVICES/DELIVERABLES
See Attachment B "Cost Estimates for URS by Task and Staff Time (MOA Parts 1 .B.6 and 1.6.7)" of Attachment B
"Memorandum of Agreement between Utah Division of Radiation Control and Denison Mines (USA) Coip.:
Review of Nitrate Contamination Investigation Work Plan, Revision 3" to this Task Order Work Authorization
PERFORMANCE SCHEDULE OF DELIVERABLES:
URS wilfconduct its work to satisfv UDRC's schedule needs.
CUSTOMER RESPONSIBLE CONTACT PERSON:
Tom Rushing, 801-536-4250
URS/WASHINGTON DFS/ISION RESPONSIBLE CONTACT PERSON:
Robert Baird, Senior Project Manager, 801 -904-4122, Paul Bitter, Senior Engineer, 801 -904-4043
TERMS AND CONDITIONS: This Work Authonzation shall be govemed by the terms and conditions set forth
in the State of Utah Contract between the Utah Department of Environmental Quality/Division of Radiation Control
and URS Safety Management Solutions, effective January 1, 2011. See also Attachment B.
CUSTOMER AUTHORIZATION:
By:
Title: VlVV^'m t>Tr^U3<-
Date: ^|2-3> |ZJD\1
URS/SAFETY MANAGEMENT SOLUTIONS ACCEPTANCE:
By:
Title:
Date:
URS
Washington Division
ATTACHMENT A
BASIS FOR PAYMENT/COST ESTIMATE
Nitrate Plume Work Plan Review
Person Hours Cost
Baird 16 $2,884
Bitter 30 $4,320
Cox 41 $3,936
Singleton 16 $2,560
Admin-OI 5 $314
Admin-02 3 $144
111 $14,158
Other Direct Costs $51
Total Cost $14,209
URS
Washington Division
ATTACHMENT B
Memorandum of Agreement
between
Utah Division of Radiation Control
and
Denison Mines (USA) Corp.:
Review of Nitrate Contamination Investigation Work Plan,
Revision 3
State of Utah
G.ARY R. HERBERT
Governor
GREG BELt,
Lieutenant Governor
Department of
Environmental Quality
Smith
Exet utive Director
DIVISION OF RADIATION CONTROL
Rusty Lundberg
Diteclur
May 19,2011
CERTIFIED MAIL
(Return Receipt Requested)
David C: Frydenlund, Vice President, Regulatory Affairs and Counsel
Denison Mines (USA) Corp.
1050 17'^ Street
Suite 950
Denver, CO 80265
Subject: Final Memorandum of Agreement, Revision 3 between DRC and Denison Mines
(USA) Corp. Regarding URS Services for the White Mesa Nitrate Contamination
Investigation Work Plan Review
Dear Mr. Frydenlund;
A copy of the Final and Executed Memorandum of Agreement between the Utah Division of
Radiation Control and Denison Mines (USA) Corp., Revision 3, is enclosed.
If you have any questions or concems regarding this transmittal, please contact Tom Rushing at
(801)5-36-0080.
Sincerely,
Rusty Landtferg, Director
Utah Division of Radiation Control
F;\DUSA\Niuate Conuimination lnvestigalion\MOA for I'RS Ser\'ices\Rev 3\FinaI Executed MOA Rev 3 Cover Lir doc
!95 North 1950 West • Sail Lake City, MT
Mailing Address: P O Box 144850 • Salt Luke City. LT 84 ? J4 4850
Telephone (801) 5:^6-4250'Fax (801) 5.^.V40<>7 • T D D [phone]
11 VK dftf Itlf.h liin-
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MEMORANDUM OF AGREEMENT
BETWEEN
UTAH DIVISION OF RADIATION CONTROL
AND
DENISON MINES (USA) CORP.
I. Genera]
The Utah Division of Radiation Control (DRC) and Denison Mines (USA) Corp. (DUSA)
hereby enter into this Memorandum of Agreement (MOA).
A. DUSA owns and operates a uranium mill tailings facility near Blanding, Utah.
B. This MOA pertains to project tasks associated with the following:
1) DUSA Nitrate Investigation Report dated December 30, 2009.
2) DRC Notice of Additional Required Action, dated October 5, 2010.
3) DRC/ DUSA Tolling Agreement, dated December 15, 2010.
4) DRC / DUSA Tolling Agreement Rev. 1, dated April 28, 2011.
5) DRC review of the DUSA February 18, 2011 "Work Plan and Schedule for
Supplemental Contaminant Investigation Report for White Mesa Mill Nitrate
Investigation."
6) DRC review of the DUSA Phase I (Including Phases 1 A through 1 C as outlined
in the Rev I Tolling Agreement) Work Plan for the White Mesa Uranium Mill
Nitrate Contamination Investigation due to DRC by May 6, 2011.
7) DRC review of the DUSA Phase 2 through 5 White Mesa Uranium Mill Nitrate
Contamination Investigation Woiic Plan and Completion Schedule due to DRC by
June 3,2011
C. This agreement may be extended or modified to include other identified project tasks or
phases of activity, if expressly agreed to in writing by both parties to this agreement at
least 30 days prior to its expiration date.
D. Per discussion during a meeting between DRC and DUSA on Febmary 14, 2011
(Meeting), it was agreed that comments related to the initial work plan would be
submitted to DUSA by March 21,2011. This is 30 days from the submittal of the
amended initial work plan received by DRC on February 18, 2011. Therefore, item 4 of
the 12/15/2010 Tolling Agreement between DRC and DUSA was agreed to be March 21,
2011 instead March 15, 2011 based on agreements during that Meeting. DRC does
acknowledge that the original work plan was submitted on February 14, 2011, via hand
delivery during the Meeting; however, during the Meeting, it was identified that certain
revisions lo one or more figures in the work plan were required and that laboratpry
QA/QC issues associated with isotopic sample collection and analysis had not been
specifically addressed in the February 14, 2011 version. DUSA agreed to address these
issues in the amended work plan submitted on February 18, 2011.
The DRC provided DUSA with its comments regarding the February 18, 2011 Work Plan
in a March 21,2011 URS Memorandum by e-mail on March 21, 2011 per agreements in
Revisions 1 and 2 of this MOA.
March 15, 2011 Page I of 6 Rev. 3
Per additional discussion during a meeting between both parties in Salt Lake City, Utah
on April I3j 2011 to discuss the DRC comments for the February 18, 2011 Work Plan. A
subsequent meeting was held in Salt Lake City, Utah on April 20,2011. During the April
20 Meeting, it was agreed by both parties that the Nitrate Investigation field work would
be conducted in five (5) Phases. During the meeting, the DRC and DUSA discussed in
detail what Phase 1 would include and came to a consensus. Phase 1 will include three
(3) sub-phases, as follows;
Phase 1A ' Geoprobe investigation of a possible natural nitrate salt reservoir in vadose
zone soils.
Phase IB - Geoprobe investigation of potential nitrate source locations in the Mill site
area.
Phase 1C - Geoprobe investigation of other potential nitrate sources.
During the April 20 Meeting, the Co-Exccutivc Secretary and DUSA agreed that DUSA
would prepare and submit a Revised Work Plan for Phase 1A through C on or before
May 6, 2011. The DRC committed to give DUSA its comments for the Phase 1 Work
Plan on or before May 12, 2011.
During the April 20 Meeting, it was agreed that as many as four other phases of study /
activity may be requured as part of the nitrate investigation. These were briefly discussed
in concept; and it was agreed that the possible remaining phases and activities could
include the following:
Phase 2 - Groundwater quality sampling and analysis of existing wells for non-isotopic
analytes, including, but not limited to submittal of a revised Quality Assurance Plan
(hereafter QAP) for all non-isotopic constituents not currently found in the March 22,
20] 0 DUSA QAP (Rev. 6).
Phase 3 - Deep bedrock core sampling and analysis at possible natural nitrate reservoir
and potential nitrate source locations, with similar objecfives as Phase 1 A, B and C,
above-
Phase 4 - Stable isotopic sampling and analysis of groundwater in existing wells, with
details to be defined later, and approved by both parties.
Phase 5 - Isotopic soil sampling and analysis (if needed).
During the April 20 meeting, the Co-Executive Secretary and DUSA agreed that DUSA
would prepare and submit a Revised Phase 2 through 5 Work Plan and Completion Schedule
for Co-Executive Secretary review and approval on or before June 3, 2011. DUSA also
committed to provide, as part of the Revised Phase 2 through 5 Work Plan, an initial
Conceptual Site Model (hereafter CSM) to guide the Nitrate Investigation. Both parties
agreed that the initial CSM could be subject to revision as Phases 2 through 5 of the
investigation proceeded forward.
March 15,2011 Page 2 of 6 Rev.3
II. Duration
This MOA will become etfective immediately upon signature by DUSA and DRC.
This MOA will expire on August 1, 2011.
The DEQ fee schedule allows for reimbursement of actual costs of special projects.
III. Agreement
Per Revisions 1 and 2 ofthis MOA DRC agrees to:
A, Engage the services of URS Corporation to accomplish Phase 1 of the project under the
current contract (State Contract No. 116259), according to the agreed upon tasks and total
costs in Table 1, below
Table I. URS Task and Cost Summary For Phase 1 *
Task Description Hours
Attend 4 DWQ Meetings 20
Review and discuss lustoncal docxunents firom DWQ website 48
Review the initial Wortc Plan and produce comments 36
Conduct two lejcconftrence calls with the istate DEQ/DRC 7
Conduct one teleconfererKC call with Denison Mines (USA) Corp: (approximately 7 work
d9^3 after review start) 5
Review the fmal wtirk plan 7
Subcontract and payment for M. Singleton for isotopic analysis/review 6
Contract IDWA Management 12
Total Hours 141
Total Cost (iflj to) $17,704
* Tasks and costs per an e-mail fix»m URS, received by DRC on 2/15/2011 (Included as
Attachment A of this MOA).
B. Provide DUSA with:
I) A telqjhone conference call with DRC and URS to share preliminary impressions and
observations regarding review of the initial work plan (to be arranged approxiniately
7 days after beginning work plan review).
March 15, 2011 Page 3 of 6 Rev. 3
2) A final report of findings (observations and requests for additional information)
regarding the Revised Work Plan, on or before March 21,2011, and,
3) Any URS invoices for services rendered on this project, including hours expended,
hourly rates and job classification of URS staff involved, and a breakdown of any
other expenses incurred during project completion,
C. Bill DUSA for URS work efforts expended in completion of the total project for review
ofthe February 18, 2011 Work Plan Review^ (MOA Part I.B.5) and/or Attachment A, up
to $17,704. These costs are based on the work element and schedule assumptions found
in Table 1 above. This agreement may be amended, for any reason, after consent by both
parties.
Per Revision 3 of the MOA DRC Agrees to:
A. Engage the services of URS Corporation to accomplish review ofthe project under the
current contract (State Contract No. 116259), according to the agreed upon tasks and total
costs in Attachment B of this Agreement
B. Bill DUSA for URS work efforts in completion of the current phased project (MOA Parts
LB.6 and I.B.7), up to $14,209. These costs are based on the work elements and schedule
assumptions found in Attachment B. This agreement may be amended, for any reason,
after consent by both parties.
DUSA Agrees to:
Provide DRC with timely payment of any invoice for URS Corporation consulting services
related to completion of the activities referenced above and/or included in Attachments A
andB.
SIGNATURES:
Rusty lontdberg. Director
Division oOtactiation Control
Afipbrizep Representative
Dtaiison Mines (USA) Corp.
Date Date
F:\DUSAVNitrate Contanunation Inve3tigation\MOA for URS ServtcesVRev. 3\fledline Rev: 3 Nitrate Work Plan MOA.doc
March 15,2011 Page 4 of 6 Rev. 3
Attachment A - Cost Estimates for URS by task and staff time
URS Scope of Work for UDRG: Review of Denison Mines Reports
EFFORT BY TASK
1) Attend 4 DWQ Meetings (2
meetings already attended)
2) Review and discuss
historical documents from
OWQ web site
3) Review draft work plan and
produce comments
4) Two TeleconferwTce calls
wtth state DWQ
5) One teleconference cali wltti
Denison
6) Review final work plan
7) Subcx^niract and payment
fbr M Singleton for isotope
snalysis consultation
fi> Contract IDWA management
Total hours
Totals
20
48
36
7
9
Cost
6
12
141
$ 17,7«4
EFFORT BY PERSON
Totals
Robert Baird
Paul Bitter
Jeremy Cox
M Singleton
Admin
Total hours
Totai^Goit ^
17
3d
44
28
14
141
$ 17,704
March 15,2011 Page 5 of 6 Rev. 3
Attadiment B - Cost Estimates for URS by task and staff time (MOA Parts I.B.6 and LB.7)
DUSA NITRATE PLUME INVESTIGATION WORK PLAN; CONTINUING REVIEWS
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March 15, 2011 Page 6 of 6 Rev. 3