DRC-2019-006401 - 0901a06880aa1b01

GARY R. HERBERT
Governor
SPENCER J. COX
Lieutenant Governor
II State History
Don Hartley
Director
State Historic Preservation Officer
MAY 2 9 2019 D-17-C-201.9 -006+0
Div of Waste Management II111 Utah Division of and Radiation Control
Jill Remington Love
Executive Director
Department of
Heritage & Arts May 29, 2019
Scott T. Anderson
Director
Utah Division of Waste Management and Radiation Control
195 North 1950 West
P.O. Box 144880
Salt Lake City, Utah 84114
RE: White Mesa Uranium Mill: Radioactive Material License Number UT 1900479: License Condition
9.7
For future correspondence, please reference Case No. 19-1174
Dear Mr. Anderson,
The Utah State Historic Preservation Office (SHPO) received your request for our comment on the
above-referenced undertaking on May 21, 2019.
We appreciate the opportunity to comment on License Condition 9.7 for the White Mesa Uranium Mill.
The Utah SHPO agrees that the existing license condition is no longer valid as it appears that the entire
program has been divested to the State, and there is no longer sufficient federal oversight to consider this
a federal undertaking pursuant to Section 106 of the National Historic Preservation Act.
We do, however, firmly state that the license approval is an undertaking under the state-law equivalent
to Section 106, codified under Utah Code Annotated 9-8-404. Thus, under Utah Code 9-8-4-4(1)(a)
denotes that your agency is responsible for all final decisions regarding cultural resources for this
undertaking. Our preliminary comments here on proposed changes to License Condition 9.7 are
provided as specified in U.C.A. 9-8-4-4(3)(a)(i). If you have questions, please contact me at 801-245-
7263 or by email at [e-mail].
Sincerely,
Christopher W. Merritt, Ph.D.
Deputy State Historic Preservation Officer
Arts 4 Utah Deportmertiof 300 S. Rio Grande Street • Salt Lake City, Utah 84101 • [phone] • facsimile [phone] • historv.utah.gov Heritage
May 29, 2019
Page 2
Recommended Modifications of License Condition 9.7
As control and approval of the permitting for this project is now solely within the purview of
the Utah Division of Waste Management and Radiation Control within the State of Utah's
Department of Environmental Quality (DEQ), federal regulations for cultural resource
compliance no longer apply to this operation. DEQ, however, has a responsibility under Utah
Code Annotated 9-8-404 for protection of cultural resources for State agencies and
undertakings.
Before engaging in any activity or undertaking that requires approval from DEQ, the licensee
shall contract to complete a cultural resource inventory or assessment. This work shall be
carried out by an archaeologist holding a Principal Investigator Permit from the State of
Utah's Public Lands Policy Coordinating Office who has statutory authority over
archaeological permits in the state through Utah Code 9-8-301 through section 308 and
Administrative Rule R694-1.
Results of any and all archaeological investigations by the licensee will be provided to DEQ
within 30 days of completion for review. If DEQ finds these are acceptable deliverables, then
DEQ will begin consultation with the Utah State Historic Preservation Office (SHPO) on the
undertaking and its effects on historic properties pursuant to Utah Code Annotated 9-8-404.
While not required under State statute, DEQ may seek to consult with Native American
Tribes, local governments, or other stakeholders on the proposed undertaking's effects on
historic properties.
If historic properties will be adversely affected by the licensee's proposed undertaking, then
DEQ, SHPO and the licensee will seek to find an appropriate avoidance, minimization, or
mitigation proposal for those impacted historic properties. The agreement on mitigation
measures will be formalized in writing between these parties. Only upon completion of the
consultation process under Utah Code Annotated 9-8-404 will the licensee's proposed
undertaking be approved under this License Condition.