DRC-2020-000822 - 0901a06880bbd171

DRC-2020-000822 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
L. Scott Baird Executive Director DIVISION OF WASTE MANAGEMENT AND RADIATION CONTROL Ty L. Howard Director
January 21, 2020
Peter Ortego, General Counsel
Ute Mountain Ute Tribe 520 Sunset Blvd. P.O. Box 248 Towaoc, CO 81334-0248

RE: Energy Fuel Resources (EFR) - Radioactive Material License Number UT 1900479: License Condition 9.7 Dear Mr. Ortego:

Please find the attached proposed language for License Condition 9.7 for Radioactive Material License No. UT 1900479. The revised language was created with assistance from the Utah State Historic Preservation Office (SHPO), Utah Attorney General’s Office, and EFR. This change is considered to be a minor amendment and is not required to be sent out for public comment. Nevertheless, the Division
plans to send it out for a 30-day public comment period. The public comment period will begin
February 21, 2020. We are providing you an advanced copy of the language as a courtesy. If you would like us to consider any comments you might have before it goes out for public comment, please provide your comments by end-of-business on February 18, 2020. Otherwise you can still provide your comments during the 30-day public comment period.

If you have any questions, please call Ryan Johnson at [phone] or Phil Goble at [phone]. Sincerely,
Ty L. Howard, Director Division of Waste Management and Radiation Control
(Over)

TLH/RMJ/kb
Enclosure: Proposed language for License Condition 9.7 for Radioactive Material License No. UT 1900479
c: Honorable Harold Cuthair, Tribal Chair, Ute Mountain Ute Tribe
Elaine Cantsee, Counsel Member, Ute Mountain Ute Tribe Nichole Shurack, Tribal Archaeologist, Ute Mountain Ute Tribe Terry Knight, Tribal Archaeologist, Ute Mountain Ute Tribe

9.7. Before engaging in any activity not previously assessed, the licensee shall ensure that all disturbances associated with the proposed development undertaken by the licensee, are completed in compliance with the following: (a) Utah’s antiquities law in Utah Code Section 9-8-301 et seq. and its implementing regulations;
(b) Utah’s historic sites law in Utah Code Section 9-8-401 et seq. and its implementing regulations; and (c) the Utah Native American Grave Protection and Repatriation Act in Utah Code Section 9-9-401 et seq. and its implementing regulations, in accordance with the following specific conditions. Before engaging in any activity not previously assessed, the licensee shall comply with the following specific
requirements relating to operations and activities within the boundaries of the Mill facility defined in License Condition 9.1 that will result in a surface disturbance:
• Contract to complete a survey, as defined in Utah Code Section 9-8-302(21), if an acceptable survey does not already exist for the given area. This work shall be carried out by a person holding a principal investigator survey or excavation permit from the State of Utah’s Public Lands Policy
Coordinating Office.
• Report in writing the discovery of any archaeological resources as defined in Utah Code Section 9-8-302(4), which shall be deemed to include historical artifacts, ancient human remains and historic properties, to the Director (“Director”) of the Utah Division of State History (“Division”) within 30 days of completion of the survey for review and submittal to the Utah State Historic Preservation
Office (“SHPO”) in accordance with Utah Code Section 9-8-404(1)(a)(ii).
• In the event of the discovery of possible, previously unknown or unidentified historical artifacts as defined in Utah Code Section9-8-102(5), immediately cease any activity in the area of the discovery, at which point the newly discovered historical artifacts shall be collected, preserved and inventoried in a repository or curation facility with assistance from the SHPO in accordance with Utah Code
Section 9-8-304(2)(c). No further disturbance shall occur until the licensee has received authorization from the Director to proceed.
• In the event the licensee knows or has reason to know that it has discovered ancient human remains, immediately cease any activity in the area of the discovery, make a reasonable effort to protect the remains discovered, and notify the Director and SHPO in accordance with Utah Code Section 9-9-
403(4). Activity in the area may not resume until the licensee has fulfilled the requirements of Utah Code Sections 76-9-704 and 9-8-309 or has otherwise received authorization from the Director to proceed.
• If historic properties, as defined by Utah Code Section 9-8-402(1)(b) and as further defined below, will be adversely affected by any proposed activity not previously assessed, the licensee shall avoid
by project design, where reasonably feasible, any historic properties. For purposes of the License,
“historic properties” shall include all archaeological sites designated as “contributing” in any previous archeological survey conducted and documented at the Mill site starting from 1978 Environmental Report for the White Mesa Uranium Project to the present time. Where it is not reasonably feasible to avoid an historic property, the licensee shall institute a data recovery program
for it that is based on a research design that takes into account current U.S. Advisory Council on Historic Preservation’s Archaeology Guidance. It is understood and agreed that it is not feasible to avoid any historic properties located in or within 100 feet of borrow areas, stockpile areas, construction areas, or the perimeter of the reclaimed tailings impoundments. Therefore, disturbance
of such historic properties is deemed unavoidable. Where disturbance of historic properties is unavoidable, such historic properties shall be recovered through archaeological excavation. Data recovery fieldwork shall be completed prior to the start of any project-related disturbance, but analysis and report preparation need not be complete prior to the time of disturbance.