2012-02-29_REVISION - M1978039HR (3)

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Page 8 of 9 The Five Permitted Mines in the Sunday Complex should be Combined into One Permit 10. Objection: It is a "better policy" to "collapse" all five Sunday Mine Complex permits into a single 112d permit, thus ensuring a full analysis, avoiding inconsistent deadlines, and ensuring efficient use of public resources. September 2011 Letter, 2. August 2011 Letter, 2. The Division's Response: The Act and Rules provide no mechanism for the Division to force an operator to "collapse" several validly - permitted operations into a single permit. The five sites comprising the Sunday Mine Complex were permitted separately, at different times, and by different operators. Each permit came to the current Operator through a series of permit transfers. The Division recognizes that the EPPs for the three 112d permits and two 110d permits comprising the Sunday Mine Complex are similar in many respects. In response to the Objector's concerns, the Division has attempted to align the review process for the Sunday Mine Complex permits as much as possible. Health and Safety of Persons at the Mine Site is Not Assured by EPP 11. Objection: The Division should take affirmative steps to address possible radionuclide exposure to anyone entering the mine sites unless the Operator demonstrates that EPA has reviewed and approved radon venting and the Mine Safety Health Administration ( "MSHA ") has renewed oversight and inspections. August 2011 Letter, 3. The Division should address miner safety issues if MSHA is not actively regulating because the Rules require EPPs to "discuss and analyze potential impacts to human health as a result of the mining operation." August 2009 Letter, 5. The Division responds: The Mine Safety Health Administration ( "MSHA ") has jurisdiction over miner safety and health, limits of exposure to radionuclides, noise, dust, personal protective equipment, site - specific safety training, and mine ventilation. The requirement that the EPP address potential effects on human health, property, or the environment, does not relate to miner safety issues. Casual recreationists' possible exposure to radionuclides has been shown to be below federal government limits, and wildlife surveys indicate no adverse effects. 4. Division's Conclusion and Recommendation The foregoing discussion supports the Division's findings that the Hard Rock/Metal 110d Amendment submitted by Denison Mines (USA) Corp. for the St. Jude Mine, Permit No. M- 1978 -039 HR, has met the requirements of the Act and Rules and should be approved. It is therefore the Division's recommendation that, pursuant to § 34 -32- 115(4) of the Act, the Board approves this Amendment AM -1 for the St. Jude Mine.