DRC-2012-001718 - 0901a068802f9783

State of Utah
GARYR HERBERT
Governor
GREG BELL
Lieutenant Governor
August 1,2012
001718
Department of
Environmental Quality
Amanda Smith
Executive Director
DIVISION OF RADL^TION CONTROL
Rusty Lundberg
Director
CERTIFIED MAIL
(Return Receipt Requested)
Jo Ann Tischler, Director, Compliance and Permitting
Denison Mines (USA) Corp
1050 17'^ Street
Suite 950
Denver, CO 80265
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RE 8/1/12, approval for well mw-31 / TR
Jo Ann Tischler
Denison Mines (USA) Corp
1050 Seventeenth ST, STE 950
Denver, CO 80?^^5
PS Form 3100, August 2006 See Reverse (or Instructions
Subject Demson Mines (USA) Corp 4^^ Quarter, 2011, and 1'^ Quarter, 2012 Groundwater
Momtonng Reports for the White Mesa Uranium Mill, Blanding, UT, Utah Ground
Water Discharge Permit No UGW370004 DRC Conditional Approval for Well
lVrW-31 and Review Close-out
Dear Ms Tischler
The Division of Radiation Control (DRC) has reviewed the following Denison Mines (USA)
Corp documents
Denison Mines (USA) Corp , February 28, 2012, Quarter 2011 Groundwater
Monitormg Report Groundwater Discharge Permit UGW370004, White Mesa Uranium
Mill,
February 15, 2012, DUSA Notice Pursuant to Part IG 1(a) fourth quarter ("Q4") 2011
groundwater momtonng,
Denison Mmes (USA) Corp , May 29, 2012, F^ Quarter 2012 Groundwater Monitoring
Report Groundwater Discharge Permit UGW370004, White Mesa Uranium Mill, and, -
May 11, 2012, DUSA Notice Pursuant to Part IG 1(a) first quarter ("Ql") 2012
groundwater momtonng
The review was conducted with consideration of the following related actions
1 Stipulated Consent Agreement Docket Number UGW12-03 (SCA) which was duly
executed by the DRC Director and DUSA Counsel on July 12, 2012 The SCA provides
approval for three DUSA Plan and Time Schedule documents dated June 13, 2011,
September 7, 2011 and Apnl 13, 2012 The SCA and attached documents specify follow-
up actions and timelmes to investigate and resolve multiple parameters in
195 North 1950 West • Salt Lake City, UT
Maihng Address P O Box 144850 • Salt Lake City, UT 84114-4850
Telephone [phone] • Fax [phone] •TDD (801) 536^14
www deq Utah gov
Pnnted on 100% recycled paper
Jo Ann Tischler
Page 2
out-of-comphance status for several ground monitonng wells at the White Mesa Uranium
Mill (Mill), as well as an investigation of the potential source of decreasing pH trends
noted in several of the Mill monitonng wells The SCA also specifies stipulated penalties
in the event that DUSA fails to comply with study objectives, timelines and/or agreements
therein
2 • DRC notified DUSA by letter (dated Apnl 16, 2012) that in order to formalize an Apnl 5,
2010 discussion between DRC and DUSA representatives regarding agreed upon Permit
-Si.- alterations to required schedules for out-of-comphance reporting and initiation of
accelerated momtonng, a wntten request for a groundwater permit modification was
required for Director review and approval Subsequently, DUSA submitted a May 25,
2012 wntten request for a Permit modification, including redline copies of pertinent pages
of the Permit to reflect the agreements made dunng the Apnl 5, 2010 conference call The
Permit modification request is cunently under DRC review and Permit modification is
pending
Conditional Approval for TDS OOC Plan and Time Schedule, Monitoring Well MW-31
Per the May 11,20X2, DUSA Notice Pursuant to Part IG 1(a) first quarter ("Ql") 2012
groundwater momtonng {DUSA May 11, 2012 Notice), it was documented that one new
exceedence of groundwater monitonng parameter was found (TDS in Momtonng Well MW-31)
and that this monitonng well and parameter is therefore added to the Out-of-Compliance reporting
requirement
Per the DUSA May 11, 2012 Notice Part 1.1 DUSA recommends that ''The successive TDS
exceedances reported in Ql 2012 will be added to, and addressed in conjunction with the sulfate
exceedances as described in the June 13, 2011 Plan and Time Schedule The rationale for
addressing the TDS and sulfate together is based on the connection of sulfate to TDS, that is,
sulfate is a component of TDS The time schedule for the assessment of TDS will be the same as
that for sulfate "
The June 13, 2011 Plan and Time Schedule Study was duly executed by the Du-ector and DUSA
via dual execution of Stipulated Consent Agreement, Docket No UGW 12-03 on July 12, 2012
Per Part 2 1 of the DUSA May 11, 2012 Notice, ''Demson respectfully requests UDEQ's
concurrence with the addition of the TDS assessment in MW-31 to the previously submitted Plan
and Time Schedule submitted June 13, 2011 as amended April 13, 2012 "
The inclusion of TDS for Momtonng Well MW-31 with the June 13, 2011 Plan and Time
Schedule Study is approved with the following conditions
Condition 1 - TDS for Monitonng Well MW-31 is required to comply with all study objectives
and timelines as outlined for Sulfate m the DUSA Plan and Time Schedule dated June 13, 2011,
and.
Jo Ann Tischler
Page 3
Condition 2 - TDS for Momtonng Well MW-31 is subject to all agreements, stipulated penalties
and notices listed in the Utah Department of Environmental Quality Stipulated Consent
Agreement, Docket No UGW12-03 executed on July 12, 2012
Close-out
Based on DRC review ofthe DUSA 4th Quarter 2011, and 1'^ Quarter 2012 Ground Water
Monitonng Reports, the Reports appear to comply with the requirements of Utah Ground Water
Discharge Permit No UGW370004 and the review is closed-out
If you have any questions regarding this letter or the review findings please contact Tom Rushing
at [phone]
Sincerely,
Rusty Limdberg
Director
RLTRtr
F \DUSA\Groundwater Reports\2011 Groundwater Reports\2011 4th Qtr ReviewNDUSA 4th 2011 and 1st 2012 DRC Conditional Approval and
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