DRC-2013-001324 - 0901a0688034e935

State of Utah
GARY R. HERBERT
Governor
GREG BELL
Lieutenant Governor
Department of
Environmental Quality
Amanda Smith
Executive Director
DIVISION OF RADL\TION CONTROL
Rusty Lundberg
Director
February 14, 2013
CERTIFIED MAIL
RETURNED RECEIPT REOUESTED
Jo Ann Tischler
Director, Compliance and Pemiitting
Energy Fuels Resources (USA), Inc.
225 Union Blvd., Suite 600
Lakewood, Co 80228
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RE: 2/14/13; CONFIRMATORY ACTION / DH
JO ANN TISCHLER
ENERGY FUELS RESOURCES (USA) INC
225 UNION BLVD., STE 600
LAKEWOOKCO 80228
PS Form 3800. August 2006 See Reverse for Instructions
DRC-2013-001324
SUBJECT: Nitrate Contamination Investigation. Nitrate Concentrations Exceeding the Groundwater
Quality Standard in Monitor Wells TW4-12 and TW4-27. Confirmatory Action Letter.
Dear Ms. Tischler:
During a Utah Division of Radiation Control (DRC ) and Energy Fuels Resources (USA), Inc. (EFR)
conference call on January 31,2013, EFR agreed that the recent nitrate concentrations observed in
monitor well TW4-12 and TW4-27 have exceeded the State of Utah 10 mg/l groundwater quaUty
standard and agreed to the following path forward:
1) Nitrate contamination investigation at wells TW4-12 and TW4-27 will be conducted.
2) EFR will install one well <200 feet downgradient of well TW4-12 and three wells <200 feet
downgradient of well TW4-27.
3) On or before February 7, 2013 EFR would provide the DRC the locations of the four new wells
mentioned above and a schedule when these wells would be drilled and installed, well
developed, hydraulic testing, and sampled.
4) The initial sampling event for the four new wells will occur within the 2"*^ quarter of 2013.
On February 6,2013 EFR submitted, by e-mail, to DRC a 14 day notice for the installation of the four
new wells, new well locations, and a schedule for when these wells would be drilled and installed, well
developed, hydraulically tested, and sampled.
In a conference call on February 11, 2013 EFR agreed that to the following:
1) The new wells (TW4-28, TW4-29, TW4-30, TW4-31) will be designed and constmcted in
195 North 1950 West • Salt Lake City, UT
Mailing Address. PO Box 144850 • Salt Lake City, UT 84114-4850
Telephone [phone] • Fax [phone] 'TDD [phone]
www deq Utah gov
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accordance with Part I.E.4 of the EFR Ground Water Quality Permit (Permit).
2) EFR will submit within 60 calendar days of completing well installation, an As-Built report for
wells TW4-28, TW4-29, TW4-30, TW4-31 to document said well construction for Director
approval. Said report will to need to comply with the requirements of Part I.F.6 of the Permit.
3) The initial sampling of the new monitoring wells will be conducted during the 2^^ quarter of
2013 and will be sampled quarterly thereafter. The sampling will be conducted in accordance
with the EFR Quality Assurance Plan (QAP).
4) The new wells will be sampled for the parameters listed in Appendix A of the QAP.
5) , On or within 60 calendar days of receipt of receiving the analytical data for the 2"*^ quarter of
2013 new wells sampling, EFR will submit a Contamination Investigation Report (CIR) that will
include the following, but is not limited to:
• Interpretation of analytical data, groundwater levels, gradients, flow directions, and well
hydraulic properties.
• Copies of EFR field records, laboratory reports and chain of custody forms
• Identification of all quality assurance samples, e.g. trip blanks, equipment blanks,
duplicate samples.
• Groundwater contour and nitrate isoconcentration map with one of the isoconcentration
lines showing the 10 mg/L boundary.
• A discussion of the potential source(s) of the nitrate observed in well TW4-27 and any
nitrate above 10 mg/l in the newly installed wells.
• Conclusions and recommended path forward.
During the DRC review of the CIR, the DRC will determine if this action can be linked to the actions
required under the Nitrate Corrective Action Plan, recently approved on December 12,2012.
Please respond in writing with in three calendar days of receiving this letter if you disagree with the
above agreed upon resolution or compliance schedule.
Thank you for your cooperation. Please contact Dean Henderson at 801-536-0046 with any questions.
Sincerely,
Rusty Lundberg
Director
RL/DCH