DRC-2010-002166 - 0901a0688016e6c5

State of Utah
GARY R. HERBERT
Governor
GREG BELL
Lieutenant Governor
Department of
Environmental Quality
Amanda Smith
Executive Director
DFV ISION OF RADIATION CONTROL
Dane L. Finerfrock
Director
RC-2010-00216
February 25, 2010
Mr. David C. Frydenlund
Vice President and General Counsel
Denison Mines (USA) Corp. (DUSA) '
1050 Seventeenth St. Suite 950
Denver, Colorado, 80265
SUBJECT: February 23, 2010 DUSA Request for a Variance or Exercise of Enforcement
Discretion with Respect to Part I.E.2 of Ground Water Discharge Pennit No. 1
UGW370004 (Permit); Approval of Variance
Dear Mr. Frydenlund:
In a February 23, 2010 Letter, DUSA requested additional time to submit the Background Report I
for wells MW-20 and MW-22, because there are only seven consecutive quarters of sample results
to date. As you are aware, Part I.E.2 requires completion of eight consecutive quarters of
groundwater sampling and analysis of wells MW-20 and MW-22, and the submittal of a
Background Report by March 1, 2010.
We acknowledge that this requirement became effective on March 17, 2008 (Permit Modification
5), and that DUSA received that version of the Permit on March 19, 2008. We also acknowledge
that at the time, there were approximately 11 days for DUSA to prepare for and execute the first
round of required sampling.
Consequently, DUSA's request for the variance is approved. The Background Report for wells
MW-20 and MW-22 will now be required to be submitted for Executive Secretary review and
approval on or before June 1, 2010.
If you have any questions regarding this letter, please contact Phil Goble at [phone].
UTAH WATER QUALITY BOARD
Dane L Fiperfrock
Executive Secretary
168 North 1950 West • Salt Lake City, UT
Mailing Address: P.O. Box 144850 • Salt Lake City, UT 84114-4850
Telephone [phone] • Fax [phone] • T.D.D. [phone]
www.deq.ulah.f;ov
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