2011-07-25_GENERAL DOCUMENTS - P2011021

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statement (PEIS) for the DOE Uranium Leasing Program (ULP) to "analyze the reasonably foreseeable environmental impacts, including the site - specific impacts, of the range of reasonable alternatives for the management of the ULP for the remainder of the ten -year period that was covered by the July 2007 PEA [programmatic environmental assessment] ". This notice was published in the Federal Register on Tuesday June 21, 2011. ** * The preparation of the PEIS is estimated to take from 12 -15 months to complete. Unfortunately, during that time period, DOE will be unable to approve any new ground disturbing activities on the lease tracts (i.e. approve any new lessee's exploration or mining plans). DOE recognizes the inconvenience of this decision; however, it cannot be averted. Letter dated June 30, 2011 from Laura Kilpatrick, DOE LM, to all Lessees (attached as exhibit 1). In this case, the receipt date for NOI P- 2011 -021 was July 6, 2011 in the Durango field office, with a fee payment receipt dated July 11, 2011. It was posted on the DRMS webpage no earlier than July 11, 2011. As such, the proposed work in NOI P- 2011 -021 is subject to the DOE's suspension and simply cannot go forward on the timeframe identified by the applicant. See P- 2011 -021 NOI Form at 3 (estimating a commencement date of August 1, 2011). In fact, the ability for this prospecting operation to go forward is contingent on DOE preparation and finalization of the PEIS, which may not be final until the second half of 2012, at earliest. As a result of DOE's suspension, DRMS should similarly suspend processing of the NOI. Such suspension by DRMS would allow the agency to benefit in its review from the promised comprehensive environmental analysis from DOE. Further, in light of the DOE - imposed delay, DRMS should ensure that the intervening time is well -spent in the collection of baseline information and the design of mud pit monitoring, sampling, and containment protocols, as discussed below. Drilling pit issues On page 5 of Appendix A to the NOI, the applicant asserts that "[t]o the extent possible, remaining drill cuttings will be placed into the containment pit for burial. No mineralized (radioactive) cuttings will be buried within the surface containment pits." However, no sampling, testing, or baseline characterization procedures are detailed, although such precise practices would be necessary to ensure compliance with the applicant's commitment. This detail is lacking despite the fact that the locations for the proposed drill holes have been chosen for their potential to intercept uranium ores. This lack of any sampling, testing, or baseline data can be remedied through recently enacted Mined Land Reclamation Board rules encouraging prospecting applicants to submit more comprehensive information. For instance, Mined Land Reclamation Board Hard Rock/Metal Mining Rule 3.1.6(4) provides that: The Office may require the submission of baseline site characterization data, sufficient to ensure that impacts from prospecting will be detected, prior to initiation of prospecting or mining, including but not limited to, ambient groundwater and surface water quality data sufficient to characterize potentially affected waters. Similarly, Rule 3.1.6(5) provides that: 2