DRC-2011-001571 - 0901a068801fc565

Department of
Envirormiental Quality
Amanda Smith
Executive Direclor
DIVISION OF RADIATION CONTROL
Rusty Lundberg
Director
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State of Utah
GARY R. HERBERT
Govemor
GREG BELL
Lieutenant Govemor
February 1, 2011
Mr. David C. Frydenlund
Vice President and General Counsel
Denison Mines (USA) Corp. (DUSA)
1050 Seventeenth Street, Suite 950
Denver, CO 80265
Subject: Part I.H.4 of the DUSA White Mesa Uranium Mill Ground Water Discharge Permit No.
UGW370004 - New Decontamination Pad (NDP): Authorization to Operate the NDP
Dear Mr. Frydenlund,
Part I.H.4 of the Permit specifies a number of items that were required to be resolved before DUSA could
begin using the NDP. These items required approval of a revised Discharge Minimization Technology
Plan (DMT Plan), NDP As-Built drawings, and a revised Contingency Plan.
In a letter dated January 20, 2011, the Division of Radiation Control (DRC) approved the DUSA January
10, 2011 DMT Plan. On March 12, 2010 DUSA submitted a response to the DRC February 4, 2010 NDP
Request For Information (RFI). The March 12, 2010 submittal included revised As-Buih drawings (dated
November 12, 2009) for the NDP. DRC review of the As-BuiU drawings showed that DUSA appropriately
addressed the DRC concem (B.6) in the DRC February 4, 2010 NDP RFI.
DUSA submitted a revised Contingency Plan (Revision 3) on September 2, 2010. In an October 11, 2010
DRC letter, the DRC stated regarding the Contingency Plan: "...our response regarding the Contingency
Plan will not be addressed in this letter, but will be addressed under separate cover. Review of that plan
will proceed independently, and will not be tied to the use of the NDP. "
On May 13, 2010 DUSA was issued a Notice of Violation (Docket No. UGWlO-04) for placing the NDP
into service before all the requirements of Part I.H.4 ofthe Permit were satisfied. In an attempt to resolve
the May 13, 2010 NOV, the DRC sent DUSA Settiement Agreement on September 22, 2010. hi a
December 21, 2010 letter, the Executive Secretary stated: "Please be advised, the Executive Secretary will
not authorize use of the NDP until the May 13, 2010 NOV and Order is resolved and closed out and the
Settlement Agreement is agreed to and signed by both parties. " DUSA submitted a signed copy ofthe
September 22, 2010 Settlement Agreement on January 4, 2011. The Settlement Agreement was executed
by the Executive Secretary on January 10, 2011. The DRC received a check in the amount of $62,500 on
January 31, 2011. As a result, the Executive Secretary issued a Closeout Letter for the May 13, 2010 NOV
on January 31, 2011.
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. (801) 536^414
www.deq.utali.gov
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Because, DUSA has satisfied the requirements of Part I.H.4 ofthe Permit and the September 22, 2010
Settlement Agreement, we hereby authorize DUSA to begin operation of the NDP.
Thank you for cooperating in this matter.
UTAH WATER QUALITY BOARD
Rusty Lundberg,
Co-Executive Secretary