DRC-2011-001010 - 0901a068801f0e04

State of Utah
GARY R. HERBERT
Governor
GREG BELL
Lieutenant Governor
Departinent of
Environmental Quality
Amanda Smith
Executive Direrinr
DIVISION OF RADIATION CONTROL
Rusty Lundberg
Director
DRC-20ii-0010
January 6, 2011
CERTIFIED MAIL
(Retum Receipt Requested)
Ms. Jo Ann Tischler
Director, Compliance and Permitting
Denison Mines (USA) Corp (DUSA)
1050 17*^ Street, Suite 950 ^
Denver, CO 80265
Dear Ms. Tischler:
SUBJECT; November 12, 2010 DUSA Letter, Transinittal of Revised Documents Addressing White
Mesa Uranium Mill New Ceil 4B and Response to DRC Letter of October 11, 2010;
Review of the DMT, O&M, and Contingency Plans, which include revisions for the New
Decontamination Pad (NDP) and Other Items; Request for Information
An earlier draft version of this letter was supplied to DUSA by our email dated January 5, 2011. Please
note that this final version is different than the draft letter. We have reviewed the subject response letter
from DUSA dated November 12,2010, which is a response to the DRC comment letter of October 11,
2010. The DUSA letter proposes for approval the following three documents, as revised, known as:
• The White Mesa Uranium Mill Contingency Plan (Contingency Plan), 11/2010 Revision: DUSA-4.
• The White Mesa Mill Tailings Management System and Discharge Minimization Technology
(DMT) Monitoring Plan (DMT Plan), 11/10 Revision: Denison-11.
• Cell 4A and Cell 4B BAT Monitoring. Operations and Maintenance Plan (Cell 4A& 4B O&M
Plan), 11/2010 Revision Denison 2.02
After review of these documents, we have the following comments and requests for information;
* The Contingency Plan (11/2010 Revision: DUSA-4)
Please be aware that in order to expedite the Cell 4B review process, that DRC review ofthe Contingency
Plan will be addressed under separate cover, proceed independently, and not be tied to the use of the NDP
nor Cell 4B. The following is noted for future reference:
A. In the subject November 12, 2010 letter, DUSA provides proposed red-line and clean versions
of the Contingency Plan version noted, which include aspects regarding Cell 43.
B. The third paragraph as well as Section 2.a. 1 of a September 2, 2010 DUSA letter discusses
195 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]
wwH'.deq.tftfih.gov
Prinled on 100% recycled p;iper
Ms. Jo Ann Tischler
Page 2
contingency plan comments in our May 10, 2010 letter.
"The DMT Plan. 11/10 Revision: Denison-IT.
1. We acknowledge a section of paragi-aph 3. l.e.i.D has been changed appropriately, to read that, ". ..
The depth to water from the top . . . of any of the three (3) observation ports to the standing water
shall be no less than 6.2 feet." It appears that incorporation of this item into an approved DMT
Plan would complete the issues regarding the NDP with respect to DMT Plan adjustments.
-2. The DMT Plan (as well as the O&M Plan), incorporating necessary items for Cell 4B, must be
approved prior to DRC authorization of use for Cell 4B. Regarding freeboard requirements, the
Plans proposed by the subject DUSA November 12, 2010 letter make the assumption that Cell 4B
is currently authorized for use, and it is not necessary to establish a freeboard for Cell 4A.
However, this is incorrect. This approach DUSA has taken appears to necessitate one ofthe
following:
a. That the last action prior to authorizing use of Cell 4B must be the approval of the
DMT Plan (and the O&M Plan), or
b. To obtain approval of the DMT and O&M Plans now, DUSA change the plans to
establish the freeboard for Cell 4A to be one of the following, either:
(1) . The fixed freeboard elevation for Cell 4A, established by the DRC freeboard
variance letter of November 20, 2008, or
(2) . Change the current freeboard determination verbiage proposed in these Plans be
more robust. This would include that the freeboard for Cell 4A or,Cell 4B, as may
be applicable, would be established by the rigorous freeboard calculation method
outlined in former proposed Plans, but would be written such that if Cell 4B
becomes approved, that the freeboard determination method would no longer be
needed for or apply to Cell 4A.
Please provide DRC your decision to us in this regard, together with any and all necessary
corresponding changes to the DMT Plan.
3. The following changes in DMT Plan forms, related to tailings beach elevations, are needed due to
the need to measure beach elevations in tailings Cells 4A or 4B, as applicable (per paragraph 2
above). This issue was brought to your attention earlier in our letter dated October 11, 2010. The
freeboard for these ponds is determined from the use of such (see paragraph 6.3 and Appendix F of
the DMT Plan);
a. On page 28 of 49 in Appendix A of the submitted clean copy of the Plan:
(1) The heading numbered as one, near the left margin on that page, must state "Pond
and Beach elevations . ..," the following earlier proposed DMT Plan versions also
contained this provision:
(a) . 12/08 Revision: Denison-7,
(b) . 05/09 Revision; Denison-8, and
(c) . 3/10 Revision: Denison-9.
(2) In the corresponding page of the submitted red-line version (i.e. page 33 of 56),
item number one contains sections for Cell 4A and Cell 4B. An item (d) stating
"Elevation of Beach Area with the Highest Elevation (monthly)," must be added
into the sections on this page for each of these cells, as applicable with paragraph 2
above. (Earlier proposed DMT Plan versions contain this item (d) for Cell 4A, in
the versions given in paragraph 3.a. above).
Ms. Jo Ann Tischler
Page 3
b. Section 3.1 .d.vii, paragraph C should be labeled as paragraph B. The title of this paragraph
should be "Cell 4A or 4B Beach Elevation," as needed and applicable with paragraph 2 above.
The body of that paragraph should indicate that the beach elevation survey will be in Cell 4A,
or Cell 4B as applicable. (If Cell 4B becomes approved for use, it then will be is no longer
necessary to establish freeboard elevation for Cell 4A).
4. Please correct miscellaneous errors noted at the following locations on the subject submitted
red-line DMT Plan copy:
a. The third paragraph of page 2, and in paragraph a) below it, the deletion and relocation of
a sentence is erroneous.
b. Last paragraph of page 3, the elevations listed for the lowest points on the flexible
membrane liners for Cells 4A and 4B conflict with the elevations listed in Appendix A
(page 33 of the red-line copy) for Cells 4A and 4B.
c. On page 11 heading III, (used for the Roberts Pond) should be a heading TV.
d. In Section 6.3, the fifth paragraph, the first number in the parenthetical phase appears it
should be 40 rather than 45.72.
e. On page 28 of the clean copy, corresponding to p. 33 of the red-line copy, for Cell 4A the
FML bottorn elevation line needs to be right justified.
f. On page 33, paragraph number 2, the statement, "Pump Timer set at 15min on ...," needs
to be deleted.
g. On page 36, the asterisk footnote shown refers to an elevation which appears to apply only
to Cell 4A. The footnote needs to be adjusted somehow include the elevation that applies
to Cell 4B as well.
'The Cell 4A& 4B O&M Plan. 11/2010 Revision Denison 2.0. of the submitted red-line copy:
I. Figure 6B does not follow the same logic as Figure 6A; I.e., the lowest FML elevation above
the sump level is not 1.5-feet above the sump bottom (for the 18-inch diameter collection pipe)
as in Figure 6A. Please explain and justify this difference.
II. On page 11, in two separate paragraphs numbered 1 and 2, the second and the last sentence
respectively, contain a parenthetical phase that must be deleted or adjusted, as, it is incorrect.
III. On page 14, in the third sentence, the parenthetical phase must be deleted or adjusted, as it is
incorrect.
rv. Also, on page 14, the second to last sentence from the bottom of the page, beginning with,
"Each pump is equipped with...," refers to distances of 2.25 feet and 9-inches. These
distances appear to not be applicable for the Cell 4B sump and respecting Figure 6B. Please
revise this sentence and or figure, to be correct for Cell 4B as well.
V. On page 15, the last sentence of the first paragraph on that page must specify what Figure it
refers to.
VL Page 17, the third paragraph states, "Condition 10.3 states that...," however, current License
Condition 10.3 does not state the verbiage quoted after that sentence. Please adjust this
paragraph with the proper references and verbiage, as applicable.
VII. Beginning on page 17, rewrite the section of the O&M Plan titled "Cell 4A Solution Freeboard
Calculation," including the title of that section. This will need to be done according to
DUSA's application of the paragraph numbered 2, under the DMT Plan comment section of
this letter.
Ms. Jo Ann Tischler
Page 4
VIII. Please correct miscellaneous errors noted at the following locations on the subject red-lined
copy of the Cell 4A and 4B BAT O&M Plan:
a. On page 6, paragraph e.2, add a sentence which describes that the non-woven geotextile
material is also overlain at the surface by a woven geotextile fabric, which is ballasted
laterally by sandbags on each side of the backbone gravel berm.
b. The above item also must be added to paragraph e.2 on page 3 and 4.
c. On page 6, paragraph e.3, also add a sentence which describes that the non-woven
geotextile material is also overlain at the surface by a woven geotextile fabric, which is
ballasted by sandbags.
d. The above item also must be added to paragraph e.3 on page 4.
e. Page 20, entry 11 on the Attachments list needs to be updated, and the sentence ended with
"DMT Monitoring Plan."
Please review the above comments, and respond in writing, submitting the requested information. Please
include complete final copies of the applicable revised subject plans, given new and unique version
numbers. Per my conversation with Mr. Harold Roberts on January 5, 2011,1 mentioned that DUSA's
response time on this letter is left to DUSA's discretion, in as much as the approval of the DMT and O&M
Plans is a requirement for a DRC authorization for use of Cell 4B. If you have any questions on the above,
please contact me.
David A. Rupp, P.E.
Geotechnical Services Section
DAR; dr
Cc: Harold R. Roberts, DUSA
Phillip Goble, DRC
F:\DUSA\GWDPermit\NDP\RFl DMT and O&M Plans 01-201 l.doc