DRC-2018-009732 - 0901a068808df079

DRC-2018-009732 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
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
September 28, 2018
Dr. Chris Merritt
Deputy SHPO - Archaeology Division of State History 300 Rio Grande Salt Lake City, Utah 84101

RE: Request for Archaeological Assistance, Review and Concurrence for the Proposed Construction of Tailing Cells 5A/5B at the White Mesa Uranium Mill Radioactive Material License Number UT1900479
Dear Dr. Merritt:
Energy Fuel Resources Inc. (EFRI) operates the White Mesa Uranium Mill located approximately six miles south of Blanding, Utah, under State of Utah Radioactive Materials License No. UT 1900479 (RML). The Mill has operated since 1979 and is currently regulated by the Utah Division of Waste
Management and Radiation Control. Prior to any construction activities, the Mill is required to conduct
an archeological survey of any area that has not been disturbed. A report of the archeological survey is developed and the Division works with the Utah State Historic Preservation Office (SHPO) to determine compliance with archeological regulatory requirements. Archeological Project History The following is a brief summary of the archeology work performed at the White Mesa Uranium Mill: 1. In 1978, an Environmental Report for the proposed Mill was prepared by Dames and Moore.
This report documents an archaeological survey that was conducted in 1977 which identified 57
archeological sites within the original proposed boundary of the Mill. 2. In 1979, the Nuclear Regulatory Commission (NRC) prepared a Final Environmental Statement for the Mill. The Final Environmental Statement documents the original 1977 archaeological survey and a 1979 survey that identifies 121 archeological sites within the original Mill
boundary. (Over)

3. On August 20, 1979 the NRC entered into a Memorandum of Agreement with the SHPO.
4. The NRC issued a Source Materials License for the Mill. License Conditions 40 through 49 specify the archeological survey requirements for the Mill.
5. On April 30, 1981 the final report for the 1980 archeological excavations performed at the Mill
was submitted to SHPO. 6. On May 3, 1983, the Memorandum of Agreement between the NRC and SHPO was amended.
7. On August 4, 2004, the State of Utah became an Agreement State for Uranium Recovery with
the NRC and began regulating the Mill. The State of Utah maintains the archaeological survey commitments of the NRC Memorandum of Agreement with SHPO in Mill’s Radioactive Material License (RML) License Condition 9.7.
8. On October 3, 2008, the former Division of Radiation Control (DRC) requested from assistance
from SHPO on archeological work associated with the construction of a new decontamination pad at the White Mesa Mill. 9. On November 25, 2009, the DRC requested assistance from SHPO with the archaeological work
associated with the construction of Tailing Cell 4B.
Current Request On July 12, 2018, EFRI submitted an RML amendment request to construct two new tailing cells
(5A/5B) at the Mill. As part of this amendment request, EFRI contracted with Woods Canyon
Archaeological Consultants, Inc. to perform a Class III Cultural Resource Inventory of the area that will be disturbed during the construction of tailing cells 5A/5B. I am requesting that SHPO, in accordance with the NRC Memorandum of Agreement as referenced in
RML License Condition 9.7, review and provide concurrence with the findings of the Class III Cultural
Resource Inventory Report that the Division has submitted to SHPO. The Mill is privately owned, regulated by the State of Utah and does not receive federal funds. Therefore, the requirements under the National Environmental Protection Act (NEPA) do not apply. If you have any questions, please call Ryan Johnson at [phone].
Sincerely,
Scott T. Anderson, Director Division of Waste Management and Radiation Control STA/RMJ/ka

c: Kirk Benge, Health Officer, San Juan Public Health Department
Rick Meyer, Environmental Health Director, San Juan Public Health Department Scott Hacking, P.E., DEQ District Engineer David Frydenlund, Chief Financial Officer, General Counsel, Corporate Secretary, Energy Fuels Resources Inc.
Logan Shumway, Manager, White Mesa Uranium Mill Energy Fuels Resources Inc.