DRC-2018-000623 - 0901a068807a45c0

State of Utah
GARY R. HERBERT Governor SPENCER J. COX
Lieutenant Governor
Department of
Environmental Quality
Alan Matheson Executive Director DIVISION OF WASTE MANAGEMENT AND RADIATION CONTROL Scott T. Anderson Director

January 19, 2018

Honorable Harold Cuthair, Chair
Ute Mountain Ute Tribe
P.O. Box 248
Towaoc, CO 81334-0248
RE: Ute Mountain Ute Tribe Comments regarding the White Mesa Uranium Mill Radioactive
Materials License and Ground Water Discharge Permit
Utah Radioactive Materials License No. UT1900479 Utah Groundwater Discharge Permit No. UGW370004
Dear Chairman Cuthair:

This letter is to provide notice that the referenced Radioactive Materials License (License) and Ground
Water Discharge Permit (Permit) for the White Mesa Uranium Mill have been issued. All comments received from the Ute Mountain Ute Tribe (Tribe) as well as issues discussed during the December 15,
2017 meeting with the Tribe at the Utah State Capitol were carefully considered in the renewal process.

Detailed responses to the Tribe’s written comments are available in a Public Participation Summary
Document which can be found on the Division of Waste Management and Radiation Control (Division) website at deq.utah.gov/divisions/dwmrc/index.htm.

In response to the Tribe’s comments and discussion, several modifications have been made to the
License and Permit. Specifically, the following items have been included in the License and Permit, or
are noted as a priority for additional action and future amendment as discussed:
1. A requirement for Energy Fuels Resources (EFR) to install and develop three new groundwater
monitoring wells to be located between current monitoring wells MW-17 and MW-22 has been
included in the revised Groundwater Permit at parts I.H.2 and I.H.3. Although there is no
regulatory or technical justification to require monitoring wells at these locations, EFR has volunteered to install the monitoring wells to address the Tribe’s concerns regarding groundwater flow directions in this area, as well as the Tribe’s concerns

(Over)
DRC-2018-000623 195 North 1950 West • Salt Lake City, UT Mailing Address: P.O. Box 144880 • Salt Lake City, UT 84114-4880
Telephone [phone] • Fax [phone] • T.D.D. [phone] www.deq.utah.gov Printed on 100% recycled paper

regarding elevated concentrations of select heavy metals detected in monitoring well MW-22. The new monitoring wells will be designated as MW-38, MW-39, and MW-40 and will be
located according to Figure 1 (White Mesa Mill Plan) which is attached to the Public
Participation Summary.

2. Regarding the Tribe’s comments that dissolved oxygen monitoring should be required during EFR groundwater field sampling, the Division has discussed adding dissolved oxygen to the
White Mesa Mill Quality Assurance Plan with EFR. It is anticipated that dissolved oxygen
monitoring will commence in the near future.

3. Regarding the Tribe’s comments relative to cultural resources protections at the White Mesa Mill, it is noted that this issue has been previously raised in a Division letter to you dated
November 15, 2017. As indicated in that letter, the Division seeks a collaborative process to
review the Memorandum of Agreement referenced in License Condition 9.7. This process
would include the Tribe, Energy Fuels, the Utah State Historic Preservation Office and the
Division to review and discuss the Memorandum of Agreement and License Condition. We would appreciate your comments regarding the proposal outlined in the Division November 15,
2017 letter as well as guidance regarding the contact information of those that will represent the
Tribe in the proposed collaborative process.

If you have any questions, please call Phil Goble at [phone].
Sincerely,

Scott T. Anderson, Director
Division of Waste Management and Radiation Control

STA/TR/ka
c: Scott Clow, Environmental Programs Director, Ute Mountain Ute Tribe
Kirk Benge, Health Officer/Environmental Health Director, San Juan County Health Department
Rick Meyer, Environmental Health Director, San Juan County Health Department
Scott Hacking, P.E., DEQ District Engineer