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Page 6 of 9 <br />nearly always dry. The Dolores River is approximately five miles from the site. Further, the <br />setting for the permitted area is arid, with potential evaporation far exceeding actual precipitation <br />amounts. The site contains maintained stormwater control structures that were installed before <br />this EPP Amendment in accordance with WQCD and BLM requirements. Given the coarse - <br />textured development rock (sandstone waste rock), the normally low amount of precipitation <br />typically evaporates before it can percolate or run off, which reduces adverse impacts to ground <br />and surface water. <br />6. Objection: The Operator has stated that it will monitor down - gradient wells and will take <br />additional actions if the ambient water quality is degraded. The Division should require Operator <br />to develop such a plan now. August 2009 Letter, 4. <br />The Division's Response: At the time this issue was raised by Objectors, the EPP required two <br />monitoring wells. It now requires a groundwater monitoring plan, which includes six wells, <br />which the operator will construct and sample throughout the life of the permit. The groundwater <br />monitoring plan is thoroughly described above. The BLM was actively involved in the <br />designation of well locations in the monitoring program. The EPP meets the requirements of the <br />Act and Rules, further contingency plans are unnecessary and inappropriate at this time. <br />Coordination of EPP Review with Other Agencies (Interagency Memoranda of Understanding) <br />7. Objection: The Division should review the Amendment in coordination with EPA (regarding air <br />quality issues) and the Water Quality Control Division ( "WQCD "). September 2011 Letter, 2. <br />The Division's Response: Throughout the EPP review process, the Division frequently <br />communicated with other agencies, especially in discussing areas of mutual jurisdiction and <br />consistency of plan requirements. The Division has proceeded in accordance with all applicable <br />MOUs. CDPHE Air Pollution Control Division permit number 07SM1140 (regarding ventilation <br />of underground workings) is included as EPP Attachment D. WQCD CDPS - Stormwater permit <br />no. COR- 040223 is included as EPP Attachment F. EPA's Compliance Plan (regarding <br />monitoring, recording and reporting of "National Emission Standards for Hazardous Air <br />Pollutants" (NESHAPs)) is included as EPP Attachment L. <br />8. Objection: The Sunday Mine Complex is the subject of an ongoing baseline characterization and <br />monitoring program mandated by the Bureau of Land Management ("BLM") as part of its <br />obligations under the National Environmental Policy Act ( "NEPA "). The Sunday Mine Complex <br />is also within the scope of the ongoing Programmatic Environmental Impact Statement ( "PEIS ") <br />that is being prepared for the Department of Energy's Uranium Leasing Program ( "ULP "). The <br />Division should coordinate with the federal agencies and should not act until "all relevant impact <br />reviews have been accomplished." See September 2011 Letter, 1; August 2009 Letter, 6. <br />The Division's Response: The Division reviews an EPP Amendment to ensure that it complies <br />with the applicable provisions of the Act and the Rules, not BLM's NEPA process. Nevertheless, <br />the Division has discussed the EPP Amendment with BLM's staff at the Tres Rios Field Office <br />regularly and frequently and has coordinated regulatory efforts with BLM to the greatest extent <br />possible in accordance with the MOU. The Division has gathered valuable input from BLM. For <br />example, the Division concurred with BLM's desire for more rigorous groundwater monitoring <br />and incorporated requirements for additional monitoring well locations into the EPP. The <br />Division will continue to communicate with BLM throughout the life of the permit. If any <br />