DRC-2011-001115 - 0901a068801f3122

State
GARY R. HERBERT
Govemor
GREG BELL
Lieutenant Governor
Department of
Environmental Quality
Amanda Smith
Executive Director
DIVISION OF RADIATION CONTROL
Rusty Lundberg
Director
January 6, 201 I
CERTIFIED MAIL
(Return Receipt Requested)
Ms. Jo Ann Tischler
Director, Compliance and Permitting
Denison Mines (USA) Corp (DUSA)
1050 l7u'Sfieet, Suite 950
Denver, CO 80265
Dear Ms. Tisch-ler:
SUBJECT: November 12,2010 DUSA Letter, Transmittal of Revised Documents Addressing White
Mesa Uranium Mill New Cell 4B and Response to DRC Letter of October ll,2OlO;
Review of the DMT, O&M, and Contingency Plans, which include revisions for the New
Decontamination Pad (NDP) and Other Items; Request for Information
An earlier draft version of this letter was supplied to DUSA by our email dated January 5, 2Al1 . Please
note that this final version is different than the draft letter. We have reviewed the subject response letter
from DUSA dated November 12,2O10, which is a response to the DRC comment letter of October 11,
2010. The DUSA letter proposes for approval the following three documents, as revised, known as:
. The White Mesa Uranium Mill Contingency Plan (Contingency Plan), 11/2010 Revision: DUSA-4.
. The White Mesa Mill Tailings Management System and Discharge Minimization Technology'
@MD Monitoring Plan (DMT Plan), I l/10 Reviston: Denison-I 1.
. CeIl4A and CelI48 BAT Monitoring, Operations and Msintenance Plan(Cell4.A'& 48 O&M
Plan), I1/2010 Revision Denison 2.0;
After review of these documents, we have the following comnents and requests for information:
. The Continzencv Plan (11/2010 Revision: DUSA-4)
Please be aware that in order to expedite the Cell 48 review process, that DRC review of the Contingency
PIan will be addressed under separate cover, proceed independently, and not be tied to the use of the NDP
nor Cell48. The following is noted for future reference:
A. In the subject November 12, ZAl0letter, DUSA provides proposed red-line and clean versions
of the Contingency Plan version noted, which include aspects regarding Cell48.
B. The third paragraph as well as Section 2.a.1 of a September 2,2010 DUSA letter discusses
195 North 1950 West. Salt Lake City, UT
Mailing Address: P.0. Box 144850 . Salt Lake City, UT 84114-4850
Telephone [phone]. Fax [phone]W7 .T.D.D. [phone]
www.deq. utah. gov
hinted on 10O% recychd paper
Ms. Jo Ann Tischler
PageZ
contingency plan comments in our May 10,2010letter.
a:
1. We acknowledge a section of paragraph 3.1.e.i.D has been changed appropriately, to read that, ". . .
The depth to water from the top . . . of any of the three (3) observation ports to the standing water
shall be no less than 6.2 feet." It appears that incorporation of this item into an approved DMT
Plan would complete the issues regarding the NDP with respect to DMT Plan adjustments.
2. The DMT Plan (as well as the O&M Plan), incorporating necessary items for Cell 48, must be
approved prior to DRC authorization of use for Cell48. Regarding freeboard requirements, the
Plans proposed by the subject DUSA November 12,2OlA letter make the assumption that Cell48
is currently authorized for use, and it is not necessary to establish a freeboard for Cell 4,A..
However, this is incorrect. This approach DUSA has taken appears to necessitate one of the
following:
a. That the last action prior to authorizing use of Cell 48 must be the approval of the
DMT Plan (and the O&M Plan), or
b, To obtain approval of the DMT and O&M Plans now, DUSA change the plans to
establish the freeboard for Cell 4,A. to be one of the following, either:
(1). The fixed freeboard elevation for Cell 4A, established by the DRC freeboard
variance letter of November 2O,2{fr8, or
(2). Change the current freeboard determination verbiage proposed in these Plans be
more robust. This would include that the freeboard for Cell 4,A' or Cell 48, as may
be applicable, would be established by the rigorous freeboard calculation method
outlined in former proposed Plans, but would be written such that if Cell 48
becomes approved, that the freeboard determination method would no longer be
needed for or apply to Cell4A.
Please provide DRC your decision to us in this regard, together with any and all necessary
corresponding changes to the DMT Plan.
3. The following changes in DMT Plan forms, related to tailings beach elevations, are needed due to
the need to measure beach elevations in tailings Cells 4,A' or 48, as applicable (per paragraph2
above). This issue was brought to your attention earlier in our letter dated October 11, 2010. The
freeboard for these ponds is determined from the use of such (see paragraph 6.3 and Appendix F of
the DMT Plan):
a. On page 28 of 49 in Appendix A of the submitted clean copy of the Plan:
(1) The heading numbered as one, near the left margin on that page; must state "Pond
and Beach elevations . . . ," the following earlier proposed DMT Plan versions also
contained this provision;
(a). 12108 Revision: Denison-7,
(b). 05i09 Revision: Denison-8, and
(c). 3/10 Revision: Denison-9.
In the corresponding page of the submitted red-line version (i.e. page 33 of 56),
item number one contains sections for Cell 4A. and Cell 48. An item (d) stating
"Elevation of Beach Area with the Highest Elevation (monthly)," must be added
into the sections on this page for each of these cells, as applicable with paragraphZ
above. (Earlier proposed DMT Plan versions contain this item (d) for Cell 4,A., in
the versions given in paragraph 3.a. above).
(2)
Ms. Jo Ann Tischler
Page 3
b. Section 3.l.d.vii, paragraph C should be labeled as paragraph B. The title of this paragraph
should be "Cell 4,{ or 48 Beach Elevation," as needed and applicable with paragraph 2 above.
The body of that paragraph should indicate that the beach elevation survey will be in Cell 4.A',
or Cell 48 as applicable. (If Cell 48 becomes approved for use, it then will be is no longer
necessary to establish freeboard elevation for Cell 4A).
4. Please correct miscellaneous errors noted at the following locations on the subject submitted
redline DMT Plan copy:
a. The third paragraph of page 2, and in paragraph a) below it, the deletion and relocation of
a sentence is erroneous.
b. Last paragraph of page 3, the elevations listed for the lowest points on the flexible
membrane liners for Cells 4,A' and 48 conflict with the elevations listed in Appendix A
(page 33 of the redline copy) for Cells 4,A. and 48.
c. On page 1l heading III, (used for the Roberts Pond) should be a heading [V.
d. In Section 6.3, the fifth paragraph, the first number in the parenthetical phase appears it
should be 40 rather than 45.72.
e. On page 28 of the clean copy, corresponding to p. 33 of the red-line copy, for Cell 4A the
FML bottom elevation line needs to be right justified.
t. On page 33,paragraph number 2, the statement, '?ump Timer set at l5min on ...," needs
to be deleted.
g. On page 36, the asterisk footnote shown refers to an elevation which appears to apply only
to Cell 4A. The footnote needs to be adjusted somehow include the elevation that applies
to Cell48 as well.
of the submitted red-line copy:
II.
ilI.
w.
V.
Figure 68 does not follow the same logic as Figure 6A; I.e., the lowest FML elevation above
the sump level is not 1.5-feet above the sump bottom (for the 18-inch diameter collection pipe)
as in Figure 6A. Please explain and justify this difference.
On page I l, in two separate paragraphs numbered I and 2, the second and the last sentence
respectively, contain a parenthetical phase that must be deleted or adjusted, as it is incorrect.
On page 14, in the third sentence, the parenthetical phase must be deleted or adjusted, as it is
incorrect.
Also, on page 14, the second to last sentence from the bottom of the page, beginning with,
"Each pump is equipped with...," refers to distances of 2.25 feei and 9-inches. These
distances appear to not be applicable for the Cell 48 sump and respecting Figure 68. Please
revise this sentence and or figure, to be correct for Cell 48 as well.
On page 15, the last sentence of the first paragraph on that page must specify what Figure it
refers to.
Page 17, the third paragraph states, "Condition 10.3 states that...," however, current License
Condition 10.3 does not state the verbiage quoted afterthat sentence. Please adjust this
paragraph with the proper references and verbiage, as applicable.
Beginning on page 17, rewrite the section of the O&M Plan titled "Cell4A Solution Freeboard
Calculation," including the title of that section. This will need to be done according to
DUSA's application of the paragraph numbered 2, under the DMT Plan comment section of
this letter.
vI.
VII.
Ms. Jo Ann Tischler
Page 4
Vm. Please correct miscellaneous errors noted at the following locations on the subject red-lined
copy of the Cell 4A and 4B BAT O&M Plan:
a. On page 6, paragraph e.2, add a sentence which describes that the non-woven geotextile
material is also overlain at the surface by a woven geotextile fabric, which is ballasted
laterally by sandbags on each side of the backbone gravel berm.
b. The above item also must be added to paragraph e.2 onpage 3 and 4.
c. On page 6, paragraph e.3, also add a sentence which describes that the non-woven
geotextile material is also overlain at the surface by a woven geotextile fabric, which is
ballasted by sandbags.
d. The above item also must be added to paragraph e.3 on page 4.
e. Page 20, entry 11 on the Attachments list needs to be updated, and the sentence ended with
"DMT Monitoring Plan."
Please review the above cornments, and respond in writing, submitting the requested information. Please
include complete final copies of the applicable revised subject plans, given new and unique version
numbers. Per my conversation with Mr. Harold Roberts on January 5,2AL1, I mentioned that DUSA's
response time on this letter is left to DUSA's discretion, in as much as the approval of the DMT and O&M
Plans is a requirement for a DRC authorization for use of Cell 48. If you have any questions on the above,
please contact me.
rely,
J*uo'Ly
David A. Rupp, P.E. \
Geotechnical Services Section
DAR: dr
Cc: Harold R. Roberts, DUSA
Phillip Goble, DRC
F:\DUSA\ GWDPermir\NDP\RFI DMT and O&M Plans 01-201 l.doc