DRC-2011-006677 - 0901a06880249103

State of Utah
GARY R. HERBERT
Governor
GREG BELL
Lieutenant Governor
Department of
Environmental Quality
Amanda Smith
Executive Director
DIVISION OF RADIATION CONTROL
Rusty Lundberg
Director
June 28, 2011
CERTIFIED MAIL
(Retum Receipt Requested)
Ms. Jo Ann Tischler
Director, Compliance and Permitting
Denison Mines (USA) Corp. (DUSA)
105017'*'Street, Ste. 950
Denver, CO 80225
Dear Ms. Tischler:
SUBJECT: License Condition 9.5 Annual Updates to the Surety Amount; January 27, 2011
DRC Letter of Approval of Surety Evidence and Authorization to Operate;
December 20, 2010 DRC Letter of Surety Estimate Approval;
Notice of Enforcement Discretion: Non-Submittal of Annual Surety Update
Due March 4, 2011
References:
a. The subject License Condition 9.5 states that, "Annual updates to the surety amount,
required by UAC R313-24-4 (10 CFR 40, Appendix A, Criteria 9 and 10, as incorporated
by reference), shall be submitted for Executive Secretary approval by March 4 of each
year."
b. The subject December 20, 2010 DRC Letter Approved the Updated Surety Estimate dated
November 23, 2010.
c. The subject January 27, 2011 DRC Letter of Approval of the Surety Evidence and
Authorization to Operate Cell 4B.
As of the date of this letter, we are unaware of any surety submittal made by DUSA to comply
with the requirements of reference a. above.
However the Division of Radiation Control did approve a recently updated surety estimate per
reference b. An updated surety instmment was also provided and approved, per our recent letter
mentioned in reference c. above.
195 North 1950 West • Salt Uke City, UT
Mailing Address: P.O. Box 144850 • Salt Lake City, UT 84114-4850
Telephone [phone] • Fax [phone] • T.D.D. [phone]
www.deq.utah.gov
Printed on 100% recycled paper
Page 2
After review of this non-compliance with License Condition 9.5, as noted in reference a., the
Executive Secretary has determined to use enforcement discretion due to recent surety updates
and approvals in this regard, per references b. and c. above.
Please be advised that failure to meet the submittal reporting requirements for March 4, 2012 may
result in escalated enforcement action. Please contact Mr. David Rupp of DRC at 801-536-4023,
if you have any questions in this regard.
UTAH RADIATION CONTROL BOARD
Rusty Lundberg, Executive Secretary
DAR:dr
F:\drupp\DUSA\Surety\2011-12\N0ED Non-Submission 6-2011.doc
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U.S. Postal Service
CERTIFIED MAIL n RECEIPT
(Domestic Mail Only; No Insurance Coverage Provided)
For delivery information visit our website at www.usps.comi
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Certified Fee
SUBJECT: JUNE 28, 2011 9.5 / DR
Ms. Jo Ann Tischler
Director, Compliance and Permitting
Denison Mines (USA) Corp. (DUSA)
1050 Seventeenth Street, Suite 950
Denver, CO 80265
PS Form 3800, August 2006 See Reverse for Instructions