DRC-2017-007566 - 0901a0688075fb69

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
October 3, 2017 David Frydenlund Senior Vice President and General Counsel Energy Fuels Resources (USA) Inc. 225 Union Blvd., Suite 600 Lakewood, CO 80228
RE: Renewal of 11e.(2) By Product License No. UT 1900479 And Renewal of Groundwater Quality Discharge Permit No. UGW370004, Energy Fuels Resources (USA) Inc., White Mesa Uranium Mill
San Juan County, Utah Dear Mr. Frydenlund:
In the above-referenced matter, the Division has received detailed comments from a variety of persons. These comments are available on the Division’s website. Some of these comments are especially detailed and several commenting parties have submitted supplemental information with their comments. This notice relates specifically to the comments submitted by the parties listed below. These comments include those submitted by the Ute Mountain Ute Tribe, the Grand Canyon Trust, Uranium Watch, Friends of Cedar Mesa,
and Mark Kerr (the “Comments”). While the public comment period for this matter is now closed, the procedural provisions governing the permit review process set forth in the Utah Code anticipate that UDEQ division directors may solicit
supplemental information in response to public comments. See Utah Code Section 19-1-301.5(9)(b)(vii). The statute does not afford the right to any person to unilaterally supplement the record, only in response to a request made by a division director. If the director then designates such requested information as the basis for the decision on any given permit order, it will become part of the official administrative record. Id.

To assist the Division in its review of the Comments and to help create a more balanced administrative record, I have decided to solicit the submission of reply comments from Energy Fuels Resources.
(Over)
DSHW-2017-007566 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
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More specifically, pursuant to this letter, I request reply comments addressing the following comments: Ute Mountain Ute Tribe Part 1 Comment I-III-D Regarding Sec. 9.7 Cultural Resources Protections: the Tribe
requests that procedures be implemented by the State of Utah at the White Mesa Mill for repatriation of human remains and related artifacts in the same manner as the Native American Graves Repatriation Act (NAGPRA).
Part 1 Comment I-III-E: The Tribe would like the Tribal Historical Preservation Officer to be added to the Memorandum of Agreement and have the Tribe provide comments and amendments to the current MOA.
Part 1 Comment I-III-Q: The Ute Mountain Ute Tribe requests that the Emergency Preparedness Plan be amended to include notification procedures to the White Mesa Community and Ute Mountain Ute Tribal officials. In addition, there are no specific procedures in the Emergency Response nor Environmental Monitoring Handbook for trucks delivering specifically delivering ISL Material; these need to be developed.
Part 3 (all of section 6) Mark Kerr
All Uranium Watch
Section 4.10 (including 4.10.1 through 4.10.5) Grand Canyon Trust
Focus on Rec Plan 5.1 with specific attention paid to milestones, sequencing of closure and
Cell 1 Liner (Sections III(B), (C) and (G)) I may designate all or any portion of reply comments as part of the administrative record in this matter. Reply comments should be submitted no later than October 16, 2017. This schedule is necessary in order
meet the Division’s commitment to render a final decision in this matter by the end of the year. The Division also believes that reply comments will help others who may be asked to review the administrative record and the Division’s permitting orders. Thus, this extended review process should serve the interests of transparency and efficiency on all levels.
If you have any questions, please call Bret Randall at [phone]. Sincerely,
Scott T. Anderson, Director Division of Waste Management and Radiation Control
STA/RMJ/kl