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• MEMO to B. Humphries/J. ens • June 11 1996 - EFN's DMO Determinations Page 2 EFN submitted a packet of information, along with a second request for exemption, in support of DMO exemption on August 3, 1995, during a meeting with the Division. The contents of the submittal include an overview and introduction section, the relevant available information section, a potential risk [o human health or environment section, a summary and conclusior~s section, a reference section and several maps and exhibits. In the overview and introduction section, EFN says "Section 34-32-112.5(2) of the Colorado Mined Land Reclamation Act provides that the Board shall exempt operations from designation, if acid- or toxic-producing materials will not be used, stored, or disturbed in quantities ~.ufficient.to adversely affect any person, any property or the environment". EFN also states that the available information in this submittal will show that toxic-forming materials are not exposed or disturbed at the Sunday and West Sunday mine properties in quantities sufficient to adversely a;Ffect human health, property, or the environment. EFN states that the available data shows that the only constituents of concern are uranium and radium, that radioactivity levels are higher in undisturbed rock outcrops in areas around the mines, that EFN is unaware of any other material onsite that would contain detrimental amounts of chemical constituents under the purview of Rule 1, and that no drainage of surface water will occur at the mines. The relevant available information section describes where EFN's information was ot~tained. In addition, EFN provided narratives regazding the fmal land use of the mine site, the potential human exposure, the wildlife species (which El N contends will not be affected, because the LiOW found that the impact of mining activities on wildlife would be minor), the potential impacts of exposure on wildlife (EFN says there is a higher potential risk of radioactive exposure from the rock outcrops surrounding the mine properties, because the radioactive constituents appear to be more highly concentrated), the radiometric survey (this is a qualitative measurement of radi~~activity at the West Sunday waste dump and an exposed rock outcrop neaz the mine site), a description of the soils in Big Gypsum Valley, the stratigraphy of the Utavan Mineral Belt, the lack of groundwater in the area, a very brief description of the surface water drainage system, and a descriF~tion of the stormwater management plan (which EFN says prevents stormwater transport of potential contaminants from the waste rock area). The potential risk to human health or the environment section, according to EFN, addresses the key issue; given the lack of significant risk posed by these properties, the existing mime permit requirements are adequate to protect the public health and the environment. EFN presents a risk assessment scenario with a conceptual model of the sites that identifies: potential or suspected sources of contamination, types and concentrations of contaminants detected at the sites, ,potentially contaminated media, and potential exposure pathways, including receptors. The only information EFN presented concerning the types and concentrations of contaminants is a statemen¢ that "the rocks contain low levels of naturally-occurring uranium", along with the results of a radiometrc survey of the West Sunday waste dump and a rock outcrop near the mine site: Granted, the scintillometer recordings showed lower radioactivity levels in the waste rock, but it does not demonstrate that the waste rock does not have sufficient quantities of toxic-forming material to adversely affect human health, property or the environment. EFN argues that collection and analysis of detailed data concerning concentrations of potential contaminants is not required, if a receptor either does not continually inhabit locations near exposure points or is expe<.ted to be exposed only rarely, due to an advertent intrusion. EFN submitted a DOE report (putrlished on