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• I considered the No Action Alternative and determined that it does not meet the purpose <br />and need of this project. According to 43 CFR 3809.411(d)(3), the proponent has a valid <br />and existing right to develop the uranium resource if done so in an environmentally <br />responsible manner. Although I do have the authority to deny individual actions of this <br />nature, if I determine they will result in unnecessary and undue environmental <br />degradation, I am not denying this action. I have determined, through my review of the <br />EA, that the proposed action, as modified through the conditions of approval identified in <br />the EA and this decision, can be done without causing any significant, unnecessary, or <br />undue degradation to the human environment. <br />5.0 Public Involvement <br />Denison's Plan of Operations (POO) for the Topaz Mine and Sunday Mines, which <br />describes the proposed action in detail, was made available to the public as part of our <br />scoping effort from August 8 through September 8, 2008. The public comment period <br />was announced through a news release that was sent to various southwest media outlets, <br />including radio stations and newspapers. Both positive and negative comments were <br />received on the POO. I considered all comments submitted on the POO during the <br />development of the proposed action and alternatives. <br />The Sunday Mines EA has appeared on the quarterly published San Juan Public Lands <br />Schedule of Proposed Actions (SOPA) since October 2008. The SOPA is mailed to <br />interested parties, and is available on the San Juan website for the interested public. <br />The Preliminary EA was made available for public comment from November 14 through <br />December 5, 2008. The public comment period for the EA was announced through a <br />news release that was sent to various southwest media outlets, including radio stations <br />and newspapers. I received 3 sets of comments on the EA. I have considered all the <br />submitted comments in my decision. Some comments were specific to topics outside the <br />scope of this analysis and outside my authority. Other comments, either related to <br />clarification of issues in the analysis or issues not explored in depth. Some of these have <br />resulted in my decision to apply additional mitigations as Conditions of Approval through <br />this Decision Record. <br />The following is a summary of comments and my response: <br />A concern about public exposure to radon, fugitive dust, and radioactive particles was <br />brought up during the comment period. Radon is dangerous when exposure occurs in an <br />enclosed space where the gas can build up, such as a basement. Any radon that may <br />come out of the vent holes at the mine disperses so rapidly that it would not be a threat to <br />the public. In addition, Denison has conducted testing of the radon that is emitted from <br />the vent holes. As discussed in section 8.3.1.1 of the EA, Denison used the US <br />Environmental Protection Agency's procedure for calculating potential dose. Denison <br />found that the concentration of radon emitted from the vent holes is below the threshold <br />concentration of 10 millirems per year, established by the National Emission Standards <br />Decision Record - 3- Sunday Mines Complex Expansion <br />Dolores Public Lands Office January 2009