DRC-2014-004261 - 0901a06880464576

Department of
Environmental Quality
Amanda Smith
Executive Director
State of Utah
GARY R. HERBERT
Governor
DIVISION OF RADIATION CONTROL
Rusty Lundberg
Director
SPENCER J. COX
Lieutenant Governor
CERTIFIED MAIL
RETURN RECEIPT REQUIRED DRC-2014-004261
July 10,2014
David Frydenlund
Senior Vice President General Counsel and Corporate Secretary
Energy Fuels Resources (USA) Inc.
225 Union Boulevard, Suite 600
Lakewood, Colorado 80228
RE: License Amendment 7: Radioactive Material License Number UT 1900479
Dear Mr. Frydenlund:
Please find enclosed Amendment 7 of Utah Radioactive Material License (RML) UT 1900479.
The Public Participation Summary document will be provided under separate letter. This
amendment incorporates the Dawn Mining alternate feed request.
If you have any questions or require clarification concerning the amendment, you may contact
John Hultquist at [phone].
Sincerely,
Rusty Lundberg, Director
Division of Radiation Control
Enclosures
RL/jh
195 North 1950 West • Salt Lake City, UT
Mailing Address: P.O. Box 144850 • Salt Lake City, UT 84114-4850
Telephone [phone] • Fax (801) 533^097 • T D D. [phone]
www.deq. ulah.gov
Printed on 100% recycled paper
DRC-03
UTAH DEPARTMENT OF ENVIRONMENTAL QUALITY
DIVISION OF RADIATION CONTROL
RADIOACTIVE MATERIALS LICENSE
Pursuant to Utah Code Ann. Title 19, Chapter 3 and the Radiation Control Rules, Utah
Administrative Code R313, and in reliance on statements and representations heretofore made by
the licensee designated below, a license is hereby issued authorizing such licensee to transfer,
receive, possess and use the radioactive material designated below; and to use such radioactive
material for the purpose(s) and at the place(s) designated below. This licensee is subject to all
applicable rules, and orders now or hereafter in effect and to any conditions specified below.
LICENSEE ) 3. License Number UT 1900479
) Amendment # 07
) 4. Expiration Date
) March 31, 2007
) (under timely renewal)
) 5. License Category - 2-b
)
1. Name:
2. Address
Energy Fuels Resources (USA)
Inc.
225 Union Boulevard, Suite 600
Lakewood, CO 80228
Radioactive material
(element and mass
number)
7. Chemical and/or physical 8.
form
Maximum quantity
licensee may possess at
any one time
A. Natural Uranium A. Any Unlimited
SECTION 9: ADMINISTRATIVE CONDITIONS
9.1 The authorized place of use shall be the licensee's White Mesa uranium milling facility,
6425 Highway 191, Blanding, Utah. Mill process and wastewater storage and tailings
disposal shall be limited to existing engineering design, construction, and operation of
Tailings Cells 1, 2, 3, 4A and 4B, as authorized in Part I.D of the Ground Water Discharge
Permit No. UGW370004 (hereafter Permit), issued by the Director, Utah Division of
Radiation Control. New construction of any tailings disposal embankments is prohibited
until after the reclamation plan is approved by the Director of the Utah Division of
Radiation Control (Director).
9.2 All written notices and reports to the Director required under this license, with the exception
of incident and event notifications under R313-15-1202 and R313-19-50 requiring telephone
notification, shall be addressed to the Director, Utah Division of Radiation Control, Utah
Department of Environmental Quality, 195 North 1950 West, P.O. Box 144850, Salt Lake
City, UT 84114-4850.
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UTAH DIVISION OF RADIATION CONTROL
RADIOACTIVE MATERIALS LICENSE
SUPPLEMENTARY SHEET
License #UT 1900479
Amendment # 07
Incident and event notifications that require telephone notification shall be made to the
Director at [phone] during normal business hours or after hours to the DEQ Duty
Officer at [phone].
9.3 RESERVED [License Condition moved to SECTION 13: CLOSE OUT CONDITION]
9.4 A. The licensee may, without prior Director-approval, and subject to the
conditions specified in Part B of this condition:
(1) Make changes in the facility or process, as presented in the application.
(2) Make changes in the procedures presented in the application.
(3) Conduct tests or experiments not presented in the application.
B. The licensee shall file an application for an amendment to the license, unless the
following conditions are satisfied.
(1) The change, test, or experiment does not conflict with any requirement
specifically stated in this license, or impair the licensee's ability to meet all
applicable regulations.
(2) There is no degradation in the essential safety or environmental commitments
in the license application or provided by the approved reclamation plan.
(3) The change, test, or experiment is consistent with the conclusions of actions
analyzed and selected in the Environmental Assessment dated February
1997.
C. The licensee's determinations concerning Part B of this condition shall be made by a
"Safety and Environmental Review Panel (SERP)." The SERP shall consist of a
minimum of three individuals. One member of the SERP shall have expertise in
management and shall be responsible for managerial and financial approval changes;
one member shall have expertise in operations and/or construction and shall have
responsibility for implementing any operational changes; and, one member shall be
the corporate radiation safety officer (CRSO) or equivalent, with the responsibility
of assuring changes conform to radiation safety and environmental requirements.
Additional members may be included in the SERP as appropriate, to address
technical aspects such as health physics, groundwater hydrology, surface-water
hydrology, specific earth sciences, and other technical disciplines. Temporary
members or permanent members, other than the three above-specified individuals,
may be consultants.
D. The licensee shall maintain records of any changes made pursuant to this condition
until license termination. These records shall include written safety and
DRC-03
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UTAH DIVISION OF RADIATION CONTROL
RADIOACTIVE MATERIALS LICENSE
SUPPLEMENTARY SHEET
License #UT 1900479
Amendment # 07
environmental evaluations, made by the SERP, that provide the basis for determining
that changes are in compliance with the requirements referred to in Part B of this
condition. The licensee shall furnish, in an annual report to the Director, a
description of such changes, tests, or experiments, including a summary of the safety
and environmental evaluation of each. In addition, the licensee shall annually submit
to the Director changed pages to the Operations Plan and Reclamation Plan of the
approved license application to reflect changes made under this condition. Annual
reports shall address the previous calendar year and be submitted no later than March
31 each year.
The licensee's SERP shall function in accordance with the standard operating
procedures submitted by letter to the NRC dated June 10, 1997.
[Applicable NRC Amendments: 3] [Applicable UDRC Amendment 3]
9.5 The licensee shall at all times maintain a financial surety, approved by the Director,
consistent with UAC R313-24-4 (10CFR 40, Appendix A, Criteria 9 and 10, as incorporated
by reference), that is adequate to cover the estimated costs, accomplished by a third party,
for decommissioning and decontamination of the mill and mill site, reclamation of any
tailings or waste disposal areas, groundwater restoration as warranted, and the long-term
surveillance fee. The Licensee is prohibited from use and/or operation of any tailings
disposal cell, or related new permanent fixture or facility not already accounted for by the
currently approved surety, without prior submittal and Director approval of written evidence
of adequate financial surety. Within 60 calendar days of Director approval of a revised
reclamation/decommissioning plan, the licensee shall submit written evidence of an
adequate surety regarding the newly approved plan.
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 Director
approval by March 4 of each year. Within 30 calendar days of Director approval of an
annual update of surety cost estimates, the licensee shall submit written evidence of
adequate surety for Director approval.
Along with each proposed revision or annual update, the licensee shall submit supporting
documentation showing a breakdown of the costs and the basis for the cost estimates with
adjustments for inflation, maintenance of a minimum 15 percent contingency fee, changes in
engineering plans, activities performed and any other conditions affecting estimated costs
for site closure. The basis for the cost estimate is the current Director-approved
reclamation/decommissioning plan or Director-approved revisions to the plan and guidance
contained in NUREG-1620, "Standard Review Plan for the Review of a Reclamation Plan
for Mill Tailings Sites under Title II of the Uranium Mill Tailings Radiation Control Act of
1978."
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UTAH DIVISION OF RADIATION CONTROL
RADIOACTIVE MATERIALS LICENSE
SUPPLEMENTARY SHEET
License #UT 1900479
Amendment # 07
The currently approved surety instrument, a Performance Bond issued by Aspen American
Insurance Company in favor of the Director, and the associated Standby Trust Agreement,
shall be continuously maintained by the Licensee in an amount not less than the amount
currently approved by the Director pursuant to the requirements of UAC R313-24-4 (10
CFR 40, Appendix A, Criteria 9 and 10 as incorporated by reference).
[Applicable NRC Amendments: 2, 3, 5, 13, 15, 19, 21, 23, 24, 25]
[Applicable UDRC Amendments: 1, 3 and 6]
9.6 Standard operating procedures (SOPs) shall be established and followed for all operational
process activities involving radioactive materials that are handled, processed, or stored.
SOPs for operational activities shall enumerate pertinent radiation safety practices to be
followed. Additionally, written procedures shall be established for non-operational activities
to include in-plant and environmental monitoring, bioassay analyses, and instrument
calibrations. An up-to-date copy of each written procedure shall be kept in the mill area to
which it applies.
All written procedures for both operational and non-operational activities shall be reviewed
and approved in writing by the radiation safety officer (RSO) before implementation and
whenever a change in procedure is proposed to ensure that proper radiation protection
principles are being applied. In addition, the RSO shall perform a documented review of all
existing operating procedures at least annually.
9.7 As per the Memorandum of Agreement (MOA) negotiated by the Utah State Historic
Preservation Officer (SHPO), the Advisory Council on Historic Preservation (ACHP), the
NRC and Energy Fuels Nuclear Inc. (EFN) and ratified on August 20, 1979 and as amended
on May 3, 1983 and substantially as implemented in NRC License SUA-1358:
Before engaging in any activity not previously assessed by the Director, the licensee shall
administer a cultural resource inventory. All disturbances associated with the proposed
development will be completed in compliance with the National Historic Preservation Act
(as amended) and its implementing regulations, and the Archaeological Resources
Protection Act (as amended) and its implementing regulations.
In order to ensure that no unapproved disturbance of cultural resources occurs, any work
resulting in the discovery of previously unknown cultural artifacts shall cease. The artifacts
shall be inventoried and evaluated in accordance with the National Historic Preservation Act
(as amended), and no disturbance shall occur until the licensee has received authorization
from the Director to proceed.
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UTAH DIVISION OF RADIATION CONTROL
RADIOACTIVE MATERIALS LICENSE
SUPPLEMENTARY SHEET
License #UT 1900479
Amendment # 07
The licensee shall avoid by project design, where feasible, the archaeological sites
designated "contributing" in the report submitted by letter to the NRC dated July 28, 1988.
When it is not feasible to avoid a site designated "contributing" in the report, the licensee
shall institute a data recovery program for that site based on the research design submitted
by letter from C. E. Baker of Energy Fuels Nuclear to Mr. Melvin T. Smith, Utah State
Historic Preservation Officer (SHPO), dated April 13, 1981.
The licensee shall recover through archaeological excavation all "contributing" sites listed in
the report which are located in or within 100 feet of borrow areas, stockpile areas,
construction areas, or the perimeter of the reclaimed tailings impoundment. Data recovery
fieldwork at each site meeting these criteria shall be completed prior to the start of any
project related disturbance within 100 feet of the site, but analysis and report preparation
need not be complete.
Additionally, the licensee shall conduct such testing as is required to enable the Director to
determine if those sites designated as "Undetermined" in the report and located within
100 feet of present or known future construction areas are of such significance to warrant
their redesignation as "contributing." In all cases, such testing shall be completed before any
aspect of the undertaking affects a site.
Archaeological contractors shall be approved in writing by the Utah SHPO. The Utah SHPO
will approve an archaeological contractor who meets the minimum standards of the State of
Utah as the principal investigator.
9.8 The licensee is hereby authorized to possess byproduct material in the form of uranium
waste tailings and other uranium byproduct waste generated by the licensee's milling
operations authorized by this license. Mill tailings shall not be transferred from the site
without specific prior approval of the Director in the form of a license amendment. The
licensee shall maintain a permanent record of all transfers made under the provisions of this
condition.
9.9 The licensee is hereby exempted from the requirements of R313-15-902(5) for areas within
the mill, provided that all entrances to the mill are conspicuously posted in accordance with
R313-15-902(5) and with the words, "Any area within this mill may contain radioactive
materiar.
9.10 Release of equipment or packages from the restricted area shall be in accordance with the
NRC "Guidelines for Decontamination of Facilities and Equipment Prior to Release for
Unrestricted Use or Termination of Licenses for Byproduct, Source, or Special Nuclear
Material," dated May 1987, or suitable alternative procedures approved by the Director prior
to any such release.
DRC-03
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UTAH DIVISION OF RADIATION CONTROL
RADIOACTIVE MATERIALS LICENSE
SUPPLEMENTARY SHEET
License #UT1900479
Amendment # 07
9.11 Updated Reclamation Plan and Specifications - the licensee shall complete and submit an
updated Reclamation Plan and Specifications for the White Mesa Mill Facility, for Director
approval on or before June 30, 2010. The plan and specifications shall include information
identified in this condition and information that is adequate for determining financial surety
requirements for the White Mesa Mill with all tailings management cells, including Cells
4A and 4B, and any new features or facilities that are constructed in conjunction with
operation of Cells 4A and 4B. Said Reclamation Plan and specifications shall be approved
by the Director before disposal of any tailings or wastewater in Cell 4B. The updated
reclamation plan shall revise the information contained in the Reclamation Plan Revision
3.0 submitted to the NRC on July 17, 2000, and an update to Rev 3.0 of the Reclamation
Plan that was prepared by the Licensee July 25, 2008, and approved on August 4, 2008 (now
referred to as Rev. 3.1). After revision of Rev. 3.1, the updated Reclamation Plan shall be
referred to as Rev. 3.2, and shall contain the following information:
A. Information pertaining to the design and use of Cells 4A and 4B for tailings
management/disposal, including information on the design of the final top cap(s),
and design of the final cap side slopes including rock sizing and fill depth, and the
estimated quantities of materials required for final cover construction and final
erosion protection, adequate for assessing the needs of the associated financial surety
based on currently approved Cover design extended to include Cell 4B;
B. Estimated costs for constructing the final cover system and for installing final
stormwater control systems for the tailings management cells, including Cells 4A
and 4B, following completion of tailings management operations;
C. Information on reclamation activities required for reclaiming any new permanent
fixtures or facilities that have been installed or are contemplated to be constructed in
conjunction with construction and operation of Cells 4A and 4B, and the financial
surety needs associated therewith; and
D. Information demonstrating the adequacy of the long-term care fund with respect to
the White Mesa Mill Facility that includes consideration of Cells 4A and 4B, the
final cover and drainage systems associated with these cells and any other new
structure or facility installed or contemplated to be constructed in conjunction with
the construction and operation of these two cells.
[Applicable UDRC Amendment: 4]
SECTION 10: OPERATIONAL CONTROLS, LIMITS, AND RESTRICTIONS
10.1 A. The mill production rate shall not exceed 4380 tons of yellowcake per year.
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UTAH DIVISION OF RADIATION CONTROL
RADIOACTIVE MATERIALS LICENSE
SUPPLEMENTARY SHEET
License #UT1900479
Amendment # 07
B. The licensee may not dispose of any material on site that is not "byproduct material,"
as that term is defined in 42 U.S.C. Section 2014(e)(2) (Atomic Energy Act of 1953,
Section 11(e)(2)).
C. The licensee may not receive or process any alternate feed material without first
applying for and obtaining approval of a license amendment. For any such proposal,
the licensee shall demonstrate that it will comply with Condition 10.1(B). Any such
demonstration shall include:
(1) Demonstration of compliance with the NRC Regulatory Summary 2000-23
Recent Changes to Uranium Recovery Policy, November 30, 2000; and
(2) Demonstration of compliance with the November 22, 1999 Protocol for
Determining Whether Alternate Feed Materials are Listed Hazardous Wastes,
as approved by the Utah Division of Solid and Hazardous Waste on
December 7, 1999.
D. Maximum quantities of feed material stored on the mill site, including alternate feed
materials or other ores, shall not exceed the total material storage quantity found in
the currently approved mill surety pursuant to License Condition 9.5, without prior
approval of the Director.
E. The licensee may not receive any alternate feed materials or other ores if those
materials would cause the facility to exceed the tailings cell disposal capacity
established by the currently approved reclamation plan and/or the annual surety
report required by License Conditions 9.11, and 9.5, respectively, without prior
approval of the Director.
[Applicable UDRC Amendment: 2]
10.2 All liquid effluents from mill process buildings, with the exception of sanitary wastes, shall
be returned to the mill circuit or discharged to the tailings impoundment.
10.3 Freeboard limits, stormwater and wastewater management for the tailings cells shall be
determined as follows:
A. The Freeboard limit for Cell 1 shall be set annually in accordance with the
procedures set out in Section 3.0 to Appendix E of the previously approved NRC
license application, including the January 10, 1990 Drainage Report. Discharge of
any surface water or wastewater from Cell 1 is expressly prohibited.
DRC-03
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UTAH DIVISION OF RADIATION CONTROL
RADIOACTIVE MATERIALS LICENSE
SUPPLEMENTARY SHEET
License #UT 1900479
Amendment # 07
B. The freeboard limit for Cells 3, 4A, and 4B shall be recalculated annually in
accordance with the procedures approved by the Director Said calculations for
freeboard limits shall be submitted as part of the Annual Technical Evaluation
Report (ATER), as described in Condition 12.3 below.
C. The discharge of any surface water, stormwater or wastewater from Cells 3, 4A, and
4B shall only be through an Director authorized spillway structure.
[Applicable NRC Amendment: 16] [Applicable UDRC Amendment 3] [Applicable
UDRC Amendment: 4]
10.4 Disposal of material and equipment generated at the mill site shall be conducted as
described in the licensee's submittals to the NRC dated December 12, 1994 and May 23,
1995, with the following addition:
A. The maximum lift thickness for materials placed over tailings shall be less than 4-
feet thick. Subsequent lifts shall be less than 2-feet thick. Each lift shall be
compacted by tracking of heavy equipment, such as a Cat D-6, at least 4 times prior
to placement of subsequent lifts.
10.5 In accordance with the licensee's submittal to the NRC dated May 20, 1993, the licensee is
hereby authorized to dispose of byproduct material generated at licensed in-situ leach (ISL)
facilities, subject to the following conditions:
A. Disposal of ISL waste is limited to 5000 cubic yards from a single source.
B. All ISL contaminated equipment shall be dismantled, crushed, or sectioned to
minimize void spaces. Barrels containing waste other than soil or sludges shall be
emptied into the disposal area and the barrels crushed. Barrels containing soil or
sludges shall be verified by the Licensee to be full prior to disposal. Barrels not
completely full shall be filled with tailings or soil prior to disposal.
C. All ISL waste shall be buried in Cell No. 3 unless prior written approval is obtained
from the Director for alternate burial locations.
D. All disposal activities shall be documented and records thereof maintained on-site.
The documentation shall include descriptions of the ISL waste and the disposal
locations, as well as all actions required by this License condition.
E. The licensee shall also submit for Director approval a revised written Standard
Operating Procedure (SOP) for ISL disposal on or before December I, 2010. The
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UTAH DIVISION OF RADIATION CONTROL
RADIOACTIVE MATERIALS LICENSE
SUPPLEMENTARY SHEET
License #UT 1900479
Amendment # 07
revised SOP shall describe the documentation required for ISL disposal, which shall
include but is not limited to the following;
(1) The material disposal area must be located on a tailings beach area of the
disposal cell or on an area of the cell that is underlain by tailings sands;
(2) The elevation of the material disposal area will not exceed the plane or grade
of the elevations of the uppermost flexible membrane liner of the tailings
cell;
(3) Such ISL byproduct material will be segregated from any mill material and
equipment disposed of in the cells pursuant to License Condition 10.4, and
the ISL byproduct material from each in-situ leach source will be segregated
from the byproduct material from all other in-situ leach sources;
(4) Absence of void space inside barrels disposed, including physical verification
before disposal; and
(5) Detailed engineering drawings which demonstrate:
a. There are at least 4 feet of tailings sands under the bottom of each
disposal area; and
b. The bottom of each disposal area is located at least 12 feet from the
sides or dikes of the tailings cell.
F. The Licensee shall notify the Director in writing at least 7 calendar days prior to the
proposed scheduled date for disposal of any byproduct material generated at ISL
facilities in the tailings cells.
An annual summary of the amounts of waste disposed of from off-site ISL
generators shall be sent to the Director on or before November 1 of each calendar
year.
[Applicable UDRC Amendment: 4]
10.6 The licensee is authorized to receive and process source materials from the Allied Signal
Corporation's Metropolis, Illinois, facility in accordance with the amendment request to the
NRC dated June 15, 1993.
10.7 The licensee is authorized to receive and process source material from Allied Signal, Inc. of
Metropolis, Illinois, in accordance with the amendment request to the NRC dated September
20, 1996, and amended by letters to the NRC dated October 30, 1996 and November 11,
1996.
10.8 The licensee is authorized to receive and process source material, in accordance with the
amendment request to the NRC dated March 5, 1997.
DRC-03
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UTAH DIVISION OF RADIATION CONTROL
RADIOACTIVE MATERIALS LICENSE
SUPPLEMENTARY SHEET
License #UT1900479
Amendment # 07
[Applicable NRC Amendments: 1]
10.9 The licensee is authorized to receive and process source material from Cabot Performance
Materials' facility near Boyertown, Pennsylvania, in accordance with the amendment
request to the NRC dated April 3, 1997, as amended by submittals to the NRC dated May
19, 1997 and August 6, 1997.
[Applicable NRC Amendments: 4]
10.10 The licensee is authorized to receive and process source material from the Ashland 2
Formerly Utilized Sites Remedial Action Program (FUSRAP) site, located near Tonawanda,
New York, in accordance with the amendment request to the NRC dated May 8, 1998, as
amended by the submittals to the NRC dated May 27, 1998, June 3, 1998, and June 11,
1998.
[Applicable NRC Amendments: 6]
10.11 The licensee is authorized to receive and process source material from Cameco
Corporation's Blind River and Port Hope facilities, located in Ontario, Canada, in
accordance with the amendment request to the NRC dated June 4, 1998, and by the
submittals to the NRC dated September 14, 1998, September 16, 1998, September 25, 1998,
October 7, 1998, and October 8, 1998.
However, the licensee is not authorized to receive or process from these facilities, the
crushed carbon anodes identified in these submittals, either as a separate material or mixed
in with material already approved for receipt or processing.
10.12 The licensee is authorized to receive and process source material from the Ashland 1 and
Seaway Area D Formerly Utilized Sites Remedial Action Program (FUSRAP) site, located
near Tonawanda, New York, in accordance with statements, representations, and
commitments contained in the amendment request to the NRC dated October 15, 1998, as
amended by letters to the NRC dated November 23, 1998, November 24, 1998, December
23, 1998, January 11, 1999, January 27, 1999, and February 1, 1999.
[Applicable NRC Amendment: 10]
10.13 The licensee is authorized to receive and process source material from the St. Louis
Formerly Utilized Sites Remedial Action Program (FUSRAP) site, in accordance with
statements, representations, and commitments contained in the amendment request to the
NRC dated March 2, 1999, and as amended and supplemented by submittals dated June 21,
1999; June 29, 1999 (2); and July 8, 1999. Prior to the licensee receiving materials from the
St. Louis FUSRAP site, the licensee must make a determination that adequate tailings space
is available for the tailings produced from the processing of this material. This
determination shall be made based on a SERP approved internal procedure.
DRC-03
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UTAH DIVISION OF RADIATION CONTROL
RADIOACTIVE MATERIALS LICENSE
SUPPLEMENTARY SHEET
License #UT 1900479
Amendment # 07
[Applicable NRC Amendments: 13, 14]
10.14 The licensee is authorized to receive and process source material from the Linde Formerly
Utilized Sites Remedial Action Program (FUSRAP) site, in accordance with statements,
representations, and commitments contained in the NRC amendment request dated March
16, 2000, and as amended and supplemented by submittals dated April 26, 2000, May 15,
2000, June 16, 2000, June 19, 2000, and June 23, 2000.
Prior to the licensee receiving materials from the Linde FUSRAP site, the licensee must
make a determination that adequate tailings space is available for the tailings produced from
the processing of this material. This determination shall be made based on a SERP-approved
internal procedure. Design changes to the cells or the reclamation plan require the licensee
to submit an amendment request for Director review and approval.
Prior to the licensee receiving materials from the Linde FUSRAP site, the licensee must
require that the generator of the material certify that the material does not contain listed
hazardous waste as defined under the Resource Conservation and Recovery Act (RCRA) per
a Radioactive Material Profile Record.
[Applicable NRC Amendment: 14]
10.15 The licensee is authorized to receive and process source material from the W.R. Grace site
located in Chattanooga, Tennessee, in accordance with statements, representations, and
commitments contained in the amendment request to the NRC dated April 12, 2000, as
amended and supplemented by submittals dated April 24, 2000, April 26, 2000, May 5,
2000, November 16, 2000, and December 18, 2000.
Prior to the licensee receiving materials from the W.R. Grace site, the licensee must make a
determination that adequate tailings space is available for the tailings produced from the
processing of this material. This determination shall be made based on the SERP-approved
standard operating procedure for determination of tailings capacity. Design changes to the
cells or the reclamation plan require the licensee to submit an amendment request for
Director review and approval.
Prior to the licensee receiving materials from the W.R. Grace site, the licensee must require
that the generator of the material certify that the material does not contain listed hazardous
waste as defined under the Resource Conservation and Recovery Act (RCRA) per a
Radioactive Material Profile Record.
[Applicable NRC Amendment: 17]
10.16 The licensee is authorized to receive and process source material from the Heritage Minerals
Incorporated site, in accordance with statements, representations, and commitments
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UTAH DIVISION OF RADIATION CONTROL
RADIOACTIVE MATERIALS LICENSE
SUPPLEMENTARY SHEET
License #UT 1900479
Amendment # 07
contained in the amendment request to the NRC dated July 5, 2000, and as supplemented by
submittals dated November 16, 2000, and December 18, 2000.
Prior to the licensee receiving materials from the Heritage Minerals Incorporated site, the
licensee must make a determination that adequate tailings space is available for the tailings
produced from the processing of this material. This determination shall be made based on
the SERP-approved standard operating procedure for determination of tailings capacity.
Design changes to the cells or the reclamation plan require the licensee to submit an
amendment request for Director review and approval.
Prior to the licensee receiving materials from the Heritage Minerals Incorporated site, the
licensee must require that the generator of the material certify that the material does not
contain listed hazardous waste as defined under the Resource Conservation and Recovery
Act (RCRA) per a Radioactive Material Profile Record.
[Applicable NRC Amendment: 18]
10.17 The licensee is authorized to receive and process source material from the Molycorp site
located in Mountain Pass, California, in accordance with statements, representations, and
commitments contained in the amendment request to the NRC dated December 19, 2000,
and supplemental information in letters dated January 29, 2001, February 2, 2001, March
20, 2001, August 15, 2001, October 17, 2001, and November 16, 2001.
Prior to the licensee receiving materials from the Molycorp site, the licensee must make a
determination that adequate tailings space is available for the tailings produced from the
processing of this material. This determination shall be made based on a SERP-approved
internal procedure. Design changes to the cells or the reclamation plan require the licensee
to submit an amendment request for Director review and approval.
[Applicable NRC Amendment: 20]
10.18 The licensee is authorized to receive and process source material from the Maywood site
located in Maywood, New Jersey, in accordance with statements, representations, and
commitments contained in the amendment requests to the NRC dated June 15, 2001, June
22, 2001, August 3, 2001, and supplemented by letters dated November 19, 2001, December
6, 2001, December 10, 2001, March 11, 2002, and July 1, 2002.
Prior to the licensee receiving materials from the Maywood site, the licensee must make a
determination that adequate tailings space is available for the tailings produced from the
processing of this material. This determination shall be made based on a SERP-approved
internal procedure. If such determination requires the licensee to make design changes to the
cells or the reclamation plan, the licensee shall submit an amendment request for Director
review and approval.
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UTAH DIVISION OF RADIATION CONTROL
RADIOACTIVE MATERIALS LICENSE
SUPPLEMENTARY SHEET
License #UT 1900479
Amendment # 07
Prior to the licensee receiving materials from the Maywood site, the licensee must require
that the generator of the material certify that the material does not contain listed hazardous
waste as defined under the Resource Conservation and Recovery Act (RCRA) per a
Radioactive Material Profile Record.
[Applicable NRC Amendment: 22]
10.19 The licensee is authorized to receive and process source material from Ponds 2 and 3 of the
FMRI's Muskogee Facility located in Muskogee, Oklahoma, in accordance with statements,
representations, and commitments contained in the amendment requests and submittals to
the Director dated March 7, 2005, June 22, 2005, and April 28, 2006.
[Applicable UDRC Amendment: 2]
10.20 The licensee is authorized to receive and process source material from Dawn Mining
Company's Midnite Mine site in Wellpinit, Washington, in accordance with statements,
representations, and commitments contained in the Amendment Request submitted to the
Director, Utah Division of Radiation Control (Director) dated April 27, 2011 and submittals
to the Director dated December 5, 2012, June 14, 2013, August 7, 2013. The Licensee is
authorized to receive no more than 1,000 tons per year and a total limit of 4,500 tons (dry
weight) under this license condition without prior approval from the Director.
A. (1) Dawn Mining Uranium Material stored (stockpiled) at the Mill Site longer than
14 days shall be covered with a durable geomembrane cover resistant to
damage by ultraviolet (UV) radiation and sufficient ballast shall be placed over
the cover to prevent wind uplift of the cover during peak wind conditions at the
site; and
(2) If at any time, visible dust is observed to be originating from Uranium Material
stored on site, the EFRI RSO or his or her authorized representative shall take
actions within 30 minutes to stop the generation of visible dust."
[Applicable UDRC Amendment: 7]
SECTION 11: MONITORING, RECORDING, AND BOOKKEEPING REQUIREMENTS
11.1 The results of sampling, analyses, surveys and monitoring, the results of calibration of
equipment, reports on audits and inspections, all meetings and training courses required by
this license and any subsequent reviews, investigations, and corrective actions, shall be
documented. Unless otherwise specified in the State of Utah regulations all such
documentation shall be maintained for a period of at least five (5) years.
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UTAH DIVISION OF RADIATION CONTROL
RADIOACTIVE MATERIALS LICENSE
SUPPLEMENTARY SHEET
License #UT 1900479
Amendment #07
11.2 The licensee shall implement the effluent and environmental monitoring program specified
in Section 5.5 of the renewal application, as amended by the submittal to the NRC dated
June 8, 1995, and as revised with the following modifications or additions:
A. Stack sampling shall include a determination of flow rate.
B. Surface water samples shall also be analyzed semiannually for total and dissolved
U-nat, Ra-226, and Th-230, with the exception of the Westwater Creek, which shall
be sampled annually for water or sediments and analyzed as above. A sediment
sample shall not be taken in place of a water sample unless a water sample was not
available.
C. Groundwater sampling shall be conducted in accordance with the requirements in the
Utah Ground Water Discharge Permit No UGW370004.
D. With the exception of groundwater sampling the licensee shall utilize lower limits of
detection in accordance with Section 5 of the NRC Regulatory Guide 4.14, as
amended, for analysis of effluent and environmental samples.
E. The inspections performed semiannually of the critical orifice assembly committed
to in the submittal to the NRC dated March 15, 1986, shall be documented. The
critical orifice assembly shall be calibrated at least every 2 years against a positive
displacement Roots meter to obtain the required calibration curve.
[Applicable NRC Amendment: 5][Applicable UDRC Amendment 3]
11.3 The licensee shall implement a monitoring program of the leak detection systems for
disposal Cells 4A and 4B in accordance with requirements of the Ground Water Discharge
Permit. The licensee shall implement a monitoring program of the leak detection systems for
disposal Cells 1, 2, and 3 as follows:
A. The licensee shall measure and record the "depth to fluid" in each of the tailings
disposal cell standpipes on a weekly basis. If sufficient fluid is present in the leak
detection system (LDS) of any cell, the licensee shall pump fluid from the LDS, to
the extent reasonably possible, and record the volume of fluid recovered. Any fluid
pumped from an LDS shall be returned to a disposal cell.
If fluid is pumped from an LDS, the licensee shall calculate the flow rate by dividing
the recorded volume of fluid recovered by the elapsed time since fluid was last
pumped or increases in the LDS fluid levels were recorded, whichever is the more
recent. The licensee shall document the results of this calculation.
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UTAH DIVISION OF RADIATION CONTROL
RADIOACTIVE MATERIALS LICENSE
SUPPLEMENTARY SHEET
License #UT1900479
Amendment # 07
B. Upon the initial pumping of fluid from an LDS, the licensee shall collect a fluid
sample and analyze the fluid for pH and the parameters listed in paragraph A of this
license condition. The licensee shall determine whether the LDS fluid originated
from the disposal cell by ascertaining if the collected fluid contains elevated levels of
the constituents listed in paragraph A of this license condition or has a pH level less
than 5.0. If either elevated constituent levels or a pH less than 5.0 is observed, the
licensee shall assume that the disposal cell is the origin of the fluid.
If the LDS fluid is determined not to have originated from the disposal cell, the
licensee shall continue with weekly measurements of "depth to fluid" in the LDS
standpipes. The licensee shall confirm, on an annual basis, that fluid from the
disposal cell has not entered the LDS by collecting (to the extent possible) and
analyzing an LDS fluid sample for the above stated parameters.
C. Upon indication that the LDS fluids originated from the disposal cell, the licensee
shall determine the flow rate through the liner by the calculation method in
paragraph B of this license condition. If the flow rate is equal to or greater than one
gallon per minute, the licensee shall:
(1) Evaluate the cause of the liner distress and take appropriate and timely
actions to mitigate the leak and any consequent potential impacts;
(2) Continue to measure and record LDS "depth to fluid" measurements weekly;
and
(3) Notify the Director by telephone within 48 hours, in accordance with License
Condition 9.2, and submit a written report within 30 calendar days of
notifying the Director by telephone, in accordance with License Condition
9.2. The written report shall include a description of the mitigative action(s)
taken and a discussion of the mitigative action results.
If the calculated flow rate is less than one gallon per minute, the licensee shall
continue with weekly measurements of "depth to fluid" in the LDS standpipes.
D. All sampling, analysis, and evaluation of LDS fluids shall be documented and
retained onsite until license termination for Director inspection.
[Applicable NRC Amendment: 8] [Applicable UDRC Amendment 3] [Applicable
UDRC Amendment: 4]
11.4 Annually, the licensee shall collect, during mill operations, a set of air samples covering
eight hours of sampling, at a high collection flow rate (i.e., greater than or equal to 40 liters
per minute), in routinely or frequently occupied areas of the mill. These samples shall be
analyzed for gross alpha. In addition, with each change in mill feed material or at least
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UTAH DIVISION OF RADIATION CONTROL
RADIOACTIVE MATERIALS LICENSE
SUPPLEMENTARY SHEET
License #UT 1900479
Amendment # 07
annually, the licensee shall analyze the mill feed or production product for U-nat, Th-230,
Ra-226, and Pb-210 and use the analysis results to assess the fundamental constituent
composition of air sample particulates.
[Applicable NRC Amendment: 7]
11.5 Calibration of in-plant air and radiation monitoring equipment shall be performed as
specified in the license renewal application, under Section 3.0 of the "Radiation Protection
Procedures Manual," with the exception that in-plant air sampling equipment shall be
calibrated at least quarterly and air sampling equipment checks shall be documented.
11.6 The licensee shall perform an annual ALARA audit of the radiation safety program in
accordance with the NRC Regulatory Guide 8.31.
11.7 Settlement Monitoring Standard Operating Procedure - the licensee shall submit for Director
approval a written Settlement Monitoring Standard Operating Procedure (SOP) on or before
December 1, 2010. The proposed SOP shall describe methods for monitoring vertical
settlement in the tailings management cell areas and for recording and documenting
settlement monitoring data and comparing such data to previous data to track potential
settlement. All data collected by the Licensee for these purposes shall be included in an
annual report to be submitted to the Director, pursuant to License Condition 12.3. The SOP
shall also:
A. Require that settlement monitors (e.g., settlement stands) be promptly installed
following placement of temporary cover over placed tailings;
B. Require installation of one or more representative settlement monitoring stand(s)
above each ISL source disposal area that has been closed to further disposal pursuant
to License Condition 10.5.A. There shall be at least one settlement monitoring stand
for each ISL source disposal area, estimated to be about 22,500 square feet.
Installation of said settlement monitoring stand and initial elevation survey shall be
completed by the Licensee within 30 calendar days of completion of each ISL source
disposal area. For ISL source disposal areas or trenches completed before April 1,
2010 the Licensee shall install the required settlement stand(s) and complete the
initial elevation survey prior to June 1, 2010;
C. Indicate that the licensee will utilize settlement monitoring devices and methods that
are resistant to shifting in their positions as a result of such forces as frost heave,
erosion, burrowing animals, or other environmental factors;
D. Include provisions to prevent man-caused damage to settlement monitoring devices,
including, but not limited to vehicle and construction traffic damage. Such measures
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UTAH DIVISION OF RADIATION CONTROL
RADIOACTIVE MATERIALS LICENSE
SUPPLEMENTARY SHEET
License #UT 1900479
Amendment # 07
will include: 1) all equipment, procedures, and provisions needed to protect said
settlement monitoring devices, 2) schedules for rapid verbal and written reporting of
any such damage, and 3) corrective actions taken or to be taken by the Licensee to
replace and/or repair said devices;
E. Indicate that settlement monitors will be:
(1) Initially surveyed by a Utah Licensed Professional Land Surveyor within, 30
calendar days of installation;
(2) Surveyed monthly; and
(3) Surveyed annually by a Utah Licensed Land Surveyor. Review of the data
and an analysis shall be performed and certified by a Utah Licensed
Professional Engineer and submitted annually as part of the ATER required
by License Condition 12.3;
F. Include procedures requiring that such settlement monitors be placed, surveyed,
mapped, and maintained; that corrective action and maintenance activities be
performed to maintain existing monitoring devices in a reliable, good working
condition, as needed; that the addition, surveying and mapping of new settlement
monitoring devices installed be documented; and that records be made of
observations of site conditions as they relate to the conditions at and in the vicinity
of the installed monitoring devices;
G. Provide quantitative performance criteria and describe how such criteria will be used
to evaluate vertical movement;
H. Indicate that any settlement monitoring device that is irreparably damaged as a result
of environmental stresses or through man-caused contact, including but not limited
to cell construction or other operational equipment, shall be promptly replaced with
an identical or equivalent monitoring device; and provisions provided to guide the
interpretation of data from both the former and the replacement device;
I. Indicate that where survey evidence suggests that significant apparent movement in a
settlement monitor has occurred, in excess of the approved performance criteria, that
the departure(s) will be investigated and explained, and errors corrected and resolved
in a timely manner, subject to Director approval;
J. Indicate that photographs shall be taken of the monitoring areas at least annually to
document site and device conditions. Additionally, the SOP shall indicate that
photographs shall be taken following any instances of unusually severe weather or
incidents involving equipment if they result in physical damage or disturbance to any
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UTAH DIVISION OF RADIATION CONTROL
RADIOACTIVE MATERIALS LICENSE
SUPPLEMENTARY SHEET
License #UT 1900479
Amendment # 07
settlement monitoring device, or significant changes to the ground surface areas
adjacent to or surrounding a settlement or displacement monitoring device;
K. Include a list of records that will be prepared for documenting settlement data for
each settlement monitoring device and related site observations and activities; and
L. Indicate that results and records of settlement monitoring shall be submitted annually
as part of the ATER required by License Condition 12.3.
[Applicable UDRC Amendment: 4]
11.8 Movement (Displacement) Monitoring Standard Operating Procedure - the licensee shall
submit for Director approval a written Movement Monitoring Standard Operating Procedure
(SOP) on or before December 1, 2010. The proposed SOP shall describe methods for
monitoring potential vertical and horizontal movements in the constructed dike portions of
the tailings management cells, and for recording and documenting displacement monitoring
data and comparing such data to previous data to track potential movement (displacement).
All data collected by the Licensee for these purposes shall be included in an annual report to
be submitted to the Director, pursuant to License Condition 12.3. The SOP shall also:
A. Require that movement monuments be promptly installed following completion of
construction of cell dikes;
B. Indicate that the licensee will utilize movement monuments and monitoring methods
that are resistant to shirting in their positions as a result of such forces as frost heave,
erosion, burrowing animals, or other environmental factors;
C. Include an obligation for the Licensee to prevent man-caused damage to movement
monuments, including, but not limited to vehicle and construction traffic damage.
Such measures will include: 1) all equipment, procedures, provisions need to protect
said settlement monitoring devices, 2) schedules for rapid verbal and written
reporting of any such damage, and 3) corrective actions taken or to be taken by the
Licensee to replace and/or repair said devices;
D. Indicate that movement monuments will be:
(1) Initially surveyed by a Utah Licensed Land Surveyor within 30 calendar days
of installation;
(2) Surveyed semi-annually for the first three years following installation by a
Utah Licensed Land Surveyor.
(3) Surveyed annually after the first three years by a Utah Licensed Land
Surveyor
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UTAH DIVISION OF RADIATION CONTROL
RADIOACTIVE MATERIALS LICENSE
SUPPLEMENTARY SHEET
License #UT1900479
Amendment # 07
(4) Subjected to accelerated monitoring conducted under certain circumstances,
at a frequency and in a manner approved by the Director; and
(5) Reviewed annually by a Utah Licensed Professional Engineer, who shall
perform and certify an analysis of all survey data. This analysis shall be
submitted pursuant to License Condition 12.3;
E. Include procedures requiring that such movement monuments be placed, surveyed,
mapped, and maintained; that corrective action and maintenance activities be
performed to maintain existing movement monuments in a reliable, good working
condition, as needed; that the addition, surveying and mapping of new movement
monuments installed be documented; and that records be made of observations of
site conditions as they relate to the conditions at and in the vicinity of the installed
monuments;
F. Provide quantitative performance criteria and describe how such criteria will be used
to evaluate movements (displacements);
G. Indicate that any movement monument that is irreparably damaged as a result of
environmental stresses or through man-caused contact, including but not limited to
cell construction or other operational equipment, shall be promptly replaced with an
identical or equivalent movement monument; and provisions provided to guide the
interpretation of data from both the former and the replacement device;
H. Include a list of records that will be prepared for documenting movement
(displacement) data for each movement monument and related site observations and
activities; and
I. Indicate that results and records of movements (displacements) shall be submitted
annually as part of the ATER required by License Condition 12.3.
[Applicable UDRC Amendment: 4]
11.9 The licensee shall submit a revised Environmental Protection Manual for the White Mesa
Mill within 60 days of license approval. The revised Environmental Protection Manual shall
include 2 additional air monitoring stations and a revised soil sampling program. The
licensee shall also analyze whether a revised vegetation sampling program is appropriate. In
addition, air particulate sample analysis will include Thorium 232, and every air monitoring
station will also monitor for radon (Rn222) and gamma detection devices on a quarterly
basis. Implementation of the revised environmental monitoring program shall be completed
90 days after Director approval of the revised Environmental Protection Manual unless
another deadline is approved by the Director.
[Applicable UDRC Amendment: 7]
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UTAH DIVISION OF RADIATION CONTROL
RADIOACTIVE MATERIALS LICENSE
SUPPLEMENTARY SHEET
License #UT 1900479
Amendment # 07
SECTION 12: REPORTING REQUIREMENTS
12.1 DELETED by NRC Amendment 13.
[Applicable NRC Amendment: 13]
12.2 The licensee shall submit a detailed decommissioning plan to the Director at least twelve
(12) months prior to planned final shutdown of mill operations that includes a detailed
Quality Assurance Plan. The plan will be in accordance with NRC Regulatory Guide 4.15,
"Quality Assurance for Radiological Monitoring Programs" and NUREG-1575, "Multi-
Agency Radiation Survey and Site Investigation Manual (MARSSIM)" or equivalent most
current guidance.
[Applicable NRC Amendment: 13][Applicable UDRC Amendment: 1]
[Applicable UDRC Amendment: 2]
12.3 Annual Technical Evaluation Report (ATER) - the licensee shall submit an ATER for
Director approval no later than November 15, of each year, to coincide with the annual
freeboard calculation date of November 1st of each year when using the new Freeboard Calculation
Method, as described in the letter from David A. Rupp of the Utah Division of Radiation Control to
Mr. David C. Frydenlund of Denison Mines (USA) Corp, dated April 29, 2010. Each ATER shall
incorporate all documents and attachments, including applicable updates to previously
submitted documents with attachments that support information presented in the ATER,
including, but not limited to maps, drawings, tables, and figures. The licensee shall include,
as part of the ATER, results of tailings cell temporary cover settlement and dike
displacement monitoring activities. The content of the tailings cell temporary cover
settlement and displacement monitoring program related information shall include those
records required under the Settlement Monitoring and Movement Monitoring SOPs (License
Conditions 11.7 and 11.8), as approved by the Director.
[Applicable UDRC Amendment: 4]
SECTION 13: CLOSEOUT CONDITION
13.1 Except as specifically provided otherwise by this license, the licensee shall conduct
operations in accordance with the statements, representations, and procedures contained in
the documents, including any enclosures, listed below. Whenever the word "will" is used in
the documents referenced below, it shall denote a requirement. The Utah Radiation Control
Rules shall govern unless the statements, representations, and procedures in the licensee's
application and correspondence are more restrictive than the rules.*
A. Licensee's Standby Trust Agreement, as amended;
B. Licensee's letter to the NRC dated August 23, 1991 (including the license renewal
application);
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UTAH DIVISION OF RADIATION CONTROL
RADIOACTIVE MATERIALS LICENSE
SUPPLEMENTARY SHEET
License #UT1900479
Amendment # 07
C. Licensee's revision submitted to NRC January 13, 1992;
D. Licensee's revision submitted to NRC April 7, 1992;
E. Licensee's revision submitted to NRC November 22, 1994;
F. Licensee's revision submitted to NRC July 27, 1995;
G. Licensee's revision submitted to NRC December 13, 1996;
H. Licensee's revision submitted to NRC December 31, 1996;
I. Licensee's revision submitted to NRC January 30, 1997.
J. Licensee's letter dated May 25, 2012 (Transfer of Control)
K. Licensee's letter dated June 27, 2012 (Transfer of Control)
L. Director's Letter dated June 27, 2012 (Transfer of Control Approval)
M. Licensee's letter dated August 3, 2012 (Name Change)
N. Electronic Mail from David Frydenlund dated August 15, 2012 (Change Mailing
Address)
O. Electronic Emails from David Frydenlund dated October 22 and 23, 2013
P. Licensee's letter dated December 13, 2013 (Performance Bond)
Q. Director's letter dated December 20, 2013
R. Licensee's letter dated April 27, 2011 (Dawn Mining Alt feed)
S. Licensee's letter dated December 5, 2012 (Dawn Mining Alt feed)
T. Licensee's letter dated June 14, 2013 (Dawn Mining Alt feed)
U. Licensee's letter dated August 7, 2013 (Dawn Mining Alt feed)
V. Electronic Email from Kathy Weinel dated April 24, 2014 to John Hultquist
requesting minor mod to LC 11.9.
* For 13. LB through 13.1.1- NRC Amendment: 2;
For 13. I.Jthrough 13.1.N- UDRC Amendment 5
For 13.1.0 through 13.1.Q - UDRC Amendment 6
For 13.1.R through 13.1. V- UDRC Amendment 7
UTAH DIVISION OF RADIATION CONTROL
Rusty Lundberg, Director