DRC-2016-012206 - 0901a06880696c88

Ute Mountain Ute ‘IriBe
Environmental Programs Department
P.O. Box 448
Towaoc, Colorado 81334-0448 Div of Waste Management
[phone] and Radiation Control
PPsC- Z016- OKZZOQ,
December 16, 2016
Mr. Scott Anderson
Director of Waste Management and Radiation Control
Utah Department of Environmental Quality
195 North 1950 West
P.O. Box 144880
Salt Lake City, UT 84114-8440
Re: White Mesa Uranium Mill Abandonment Plan for MW-3
Dear Mr. Anderson,
It has come to our attention that recent correspondence between Energy Fuels Resources (USA) Inc.
(EFRI) and the Utah Division of Waste Management and Radiation Control (UDWMRC) outlines plans to
plug and abandon a point of compliance (POC) monitoring well, MW-3, at the White Mesa Uranium Mill
facility in San Juan County Utah. As you are aware the Ute Mountain Ute Tribal community is located in
close proximity downgradient of the mill facility and relies on groundwater resources.
MW-3 is one of the few monitoring wells in the POC network to be located south of the tailings
impoundments, between the impoundments and the White Mesa Community. MW-3 is one of only a
handful of wells to have a period of record for results spanning decades. For years now, the Tribe has
been watching water quality decline alarmingly at the southern most well in the monitoring network,
MW-22. The water has become acidic. Toxic and rare metals including beryllium, cadmium, cobalt,
copper, manganese, molybdenum, nickel, zinc and thallium continue to increase in concentration
alarmingly.
UDWMRC and EFRI staffs have repeatedly told the Tribe that the alarming trends at MW-22 could not
possibly be from the tailings impoundments or the mill facility, stating that other wells between MW-22
and the facility would be showing a similar signature.
We were surprised to see that the Second Quarter 2016 Ground Water Monitoring Report for the White
Mesa Uranium Mill and related UDWMRC review memo (DRC-2016-011190) containing information that
-3 which had recently exceeded groundwater compliance limits for beryllium, cadmium,
manganese, thallium, and zinc is going to be plugged and abandoned without further investigation or
monitoring. It is the Tribe's view that this action is completely contrary to the protection of human
health and the environment.
The theory posited by EFRI that inert well material became reactive and is the source of the metals
increase is not plausible. The well offered as a replacement, MW-3A has GWCLs set at a much higher
limit for some of the metals of concern, for example cadmium and manganese. The GWCLs for MW-3A
were determined to be set too high in a UDWMRC review memo (Revised Background Groundwater
Quality Report: New Wells for Denison Mines (USA) Corporation's White Mesa Mill Site, San Juan
County, Utah, June 24, 2008 Review Memo) which states that several of the GWCLs for MW-3A were
calculated using high values that were not representative and should be re-evaluated. This re-evaluation
has not been completed.
On August 9, 2016 Scott Clow and Colin Larrick from the Tribes Environmental Programs Department
met with you and your staff to discuss groundwater conditions at the White Mesa Uranium Mill facility.
At that meeting your staff informed us that additional isotopic characterization work, similar to the
University of Utah Study completed over eight years ago, would be a valuable and important project
which would help immensely in defining current conditions and potential impacts. The Tribe was told to
find a graduate student and program who could do the work.
Since that time, we have connected with Duke University Nicholas School of the Environment's PhD
Candidate, Nancy Lauer who is working with Dr. Avner Vengosh, Senior Lecturer of Geochemistry and
Isotope Hydrology, http://sites.nicholas.duke.edu/avnervengosh/
They have offered to sample/analyze and interpret results in a report at no cost to EFRI, UDWMRC or
the Tribe using cutting-edge pattern recognition techniques for a comprehensive suite of isotopes,
metals and ions.
Nancy Lauer planned a sampling trip in November, 2016 and coordinated with the Tribe to collect nine
samples from our two monitoring wells, a community supply well in the community of White Mesa, four
springs around White Mesa and Recapture Reservoir which is the source of part of the process water
EFRI uses. Nancy Lauer also attempted to coordinate with EFRI for access to the facility in order to
sample on site wells however permission was denied and we understand that EFRI would not allow
access unless they were compelled by UDWMRC.
We request that prior to any abandonment actions at MW-3 that Duke University be allowed to proceed
with sampling this well along with the other facility wells included in the University of Utah Study and
selected wells in the nitrate and chloroform plume areas. Detailed isotopic, metals and ions analysis
would be able to ascertain the source of the metals of concern in MW-3 while providing extremely
valuable baseline data which would be informative and help to provide answers to all parties.
We also request that prior to any abandonment, the GWCLs for MW-3A be re-visited and re-calculated
to appropriate levels.
We are uncertain at this time if UDWMRC has allowed the plugging and abandoning of MW-3 to
proceed. If that adverse situation has come to pass, we request that UDWMRC compel EFRI to allow the
Duke University study to proceed at the other remaining wells and that the GWCLs for MW-3A be re­
visited prior to the proposal of a new groundwater discharge permit for the facility.
Sincerelv.
Scott Clow
Environmental Programs Director
Ute Mountain Ute Tribe