DRC-2018-001447 - 0901a068807b61b3

DRC-2018-001447 195 North 1950 West • Salt Lake City, UT
Mailing Address: P.O. Box 144880 • Salt Lake City, UT 84114-4880
Telephone [phone] • Fax [phone] • T.D.D. [phone]
www.deq.utah.gov
Printed on 100% recycled paper
State of Utah

GARY R. HERBERT
Governor

SPENCER J. COX
Lieutenant Governor
Department of
Environmental Quality

Alan Matheson
Executive Director

DIVISION OF WASTE MANAGEMENT
AND RADIATION CONTROL
Scott T. Anderson
Director

February 13, 2018

Aaron M. Paul, Staff Attorney
Grand Canyon Trust
4404 Alcott Street
Denver, CO 80211

Sarah Fields, Program Director
Uranium Watch
P.O. Box 344
Moab, UT 84532

RE: Request for Extension

Dear Mr. Paul and Ms. Fields:

The Division of Waste Management and Radiation Control has completed its review of Grand Canyon
Trust’s and Uranium Watch’s requests dated February 7, 2018 for an extension of the deadline for filing
a Petition for Review of the Renewal of the White Mesa Mill Radioactive Materials License, Ground
Water Discharge Permit, Reclamation Plan, and License Amendment.

In its request, Grand Canyon Trust has pointed out some lack of clarity between the license as written
and the Reclamation Plan, including the observation that Section 13.1.AA of the license references the
version of the Reclamation Plan (5.1) that has not yet been updated in response to public comments.

Recently, Energy Fuels Resources, Inc. has completed the revisions to the Reclamation Plan to
incorporate the commitments it made in the responses to comments and has submitted it to the Division
as Version 5.1B. The only revision in Version 5.1B of the Reclamation Plan arises from and relates to
issues that were raised during the public comment period in connection with the instant licensing
actions. Version 5.1B was not available at the time the final licensing action was taken.

In light of the foregoing, the Division intends to do the following on or before February 16, 2018:

1. Adopt as final the revised Reclamation Plan, Version 5.1B;

2. Amend License Section 13.1.AA to refer to Reclamation Plan, Version 5.1B; and,

3. Formally re-issue the license and groundwater permit, and Reclamation Plan Version 5.1B, all on
the same date. This re-issue date will be deemed to be the “issue” date of the entire permitting
action within the meaning of Utah Code Section 19-1-301.5(6)(b) for all permitting actions,
including the Sequoyah Fuels alternate feed approval. This will have the effect of extending the
appeal period for 30 days from the date of the re-issuance.

The Division’s anticipated action should render moot your present requests for extension of time. If you
have any questions, please call Bret F. Randall at [phone].

Sincerely,

Scott T. Anderson, Director
Division of Waste Management and Radiation Control

STA/BFR/srb

c: Bret F. Randall, Utah Attorney General’s Office