, As[§gssmentof Health and <
wfeffiift n m e n tanmpacts
Uranium Mining and Milling
ear Plan Grants Mining District, New Mexico
United States
Environmental Protection
Agency
Grants Mining District Coordinator
1445 Ross Avenue
Dallas, TX 75202
Photo qourtesy of Brenda Cook
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Contents
1.0 Introduction 3
1.1 Purpose 3
1.2 Scope and Objectives 5
2.0 Agency Action Plans 8
2.1 Assessment of Water Supply Sources for Contamination 8
2.3 Contaminant Assessment, Cleanup, and Long-Term Management of Former Uranium
Milling Sites 16
2.4 Assessment and Cleanup of Contaminated Structures 24
2.5 The Jackpile Mine on Laguna Pueblo 26
2.6 Public Health Surveillance 28
3.0 Implementation Plan Time Line 30
4.0 Associated Superfund Sites 33
4.1 Homestake Mining Company (Barrick Gold Corp.), Grants, New Mexico 33
4.2 United Nuclear Corporation, McKinley County, New Mexico 34
4.3 Northeast Church Rock Mine, Coyote Canyon, New Mexico 35
Figures
Figure 1. Grants Mining District, New Mexico 4
Attachments
Attachment A: Meeting Fact Sheet 38
Attachment B: State of New Mexico Correspondence 45
Attachment C: Environmental Justice Correspondence 48
Attachment D: Potential Applicable or Relevant and Appropriate Requirements 52
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1.0 Introduction
1.1 Purpose
The five-year plan is intended to compile all activities contributing to the identification and
cleanup of legacy uranium milling and mining activities in the Grants Mining District in the
State of New Mexico. Assessment efforts will be coordinated among federal, state and tribal
participants responsible for protecting human health and the environment. The authorized
organizations will implement appropriate laws, regulations, and policies within their jurisdiction
to accomplish cross-organizational activities.
Participating federal, state, and tribal agencies are committed to assessing legacy contamination
of structures, surface and ground water resources, and sediment to eliminate, reduce or manage
associated risks to human health and the environment with this five-year plan during 2010
through 2014. Agencies have established specific objectives that will guide this endeavor.
Some activities and funding levels discussed in this report may not be included in current or
future budgets. The five-year plan serves as a possible roadmap for the future recovery of the
Grants Mining District. Agencies will address the five-year plan and funding needs as necessary
and together with other priorities and resource demands.
Influences from uranium mining and milling extend beyond the Grants Mining District; and
therefore the proposed actions may be extended to areas with similar activities based on risk,
priorities, or available resources. Contamination associated with former activities in a portion of
the Ambrosia Lake sub-district is under jurisdiction of the Navajo Nation and is addressed in
detail in the Health and Environmental Impacts of Uranium Contamination in the Navajo Nation
Five-Year Plan, website: http://epa.gov/region09/superfund/navaio-nation/index.html.
Updates will be incorporated annually into this plan as new information becomes available.
Project information and reports will be publicly available on the following website:
www.epa.gov/earthlr6/6sf/newmexico/grants/nm grants index.html.
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Figure 1. Grants Mining District, New Mexico
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1.2 Scope and Objectives
The goal of the five-year plan is to promote and advance the work needed to help restore and
preserve the natural and cultural resources in the Grants Mining District and to ensure protection
of human health for future generations. Objectives identified in this document consider
community input from a public meeting held on October 20, 2009 (Attachment A), and
consequent correspondence from the New Mexico State Legislature, dated November 23, 2009
(Attachment B) and the Multicultural Alliance for a Safe Environment, New Mexico to the
Environ mental Protection Agency's Environmental Justice Office, Washington D.C.
(Attachment C).
The Grants Mining District provided significant uranium extraction and production in New
Mexico from the 1950s until late into the 20th century. Three mining sub-districts within the
Grants Mining District (Ambrosia Lake, Laguna, and Marquez) are recognized in this plan. Land
ownership within these sub-districts consists of public, tribal and private property (see Figure 1).
These mining sub-districts contain former legacy uranium mines and mill sites. Participating
agencies will utilize existing potential Applicable, Relevant and Appropriate Requirements to
guide and gage progress of project objectives (Attachment D). Throughout 2010 through 2014,
participating agencies will continue to:
• Refine coordination and collaboration to maximize efforts and resources.
• Promote public involvement and communication.
• Evaluate progress and update the plan annually.
Six objectives have been designed to comprehensively address legacy contamination of water
resources, sediment and structures and ensure urgent issues are acknowledged and mitigated.
The objectives are not listed in order of priority or timing. Agency Action Plans designating lead
and support agencies responsible for implementing each objective is provided in Section 2.0 of
this document. The objectives are as follows:
1. Assessment of water sources for contamination: The Environmental Protection Agency and
New Mexico Environment Department will continue to evaluate impacts from legacy
uranium sites and historical activities on water resources. Activities include: testing private
wells or other water supply sources within the Grants Mining District; working with private
well owners when impacted wells are identified and provide technical assistance and
recommendations to reduce exposure to chemicals above federal and state standards;
monitoring upgradient ground water for legacy contamination; and testing public water
supplies to ensure potable water supplies under the Safe Drinking Water Act. Department of
Energy will provide site information from near by Uranium Mill Tailings Remedial Action
mill sites and assist with additional evaluation work associated with the potential of mill site
ground water impacting adjacent areas.
As initial areas are screened, an implementation plan will be developed to determine the
extent and future costs for this activity. Additional funding sources may need to be identified
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to develop strategies for monitoring and protecting water supplies, and addressing risks to
private wells.
2. Assessment and cleanup of legacy uranium mines: Beginning in 1986 through the present,
Bureau of Land Management and state agencies have surveyed uranium mines within the
study area. Most recently the New Mexico Environment Department began screening of
mines within the Poison Canyon area in 2009. These screenings will be used to identify sites
that may warrant emergency removal actions, remedial actions, or more detailed
investigations. Agencies will jointly investigate ownership and operation history at high
priority abandoned mines and pursue viable responsible parties. The Environmental
Protection Agency will use its Comprehensive Environmental Response, Compensation, and
Liability Act (Superfund) authority to recover costs and compel work as appropriate for
abandoned mines, and will continue to assist New Mexico Environment Department with
voluntary remediation and enforcement-lead actions. The New Mexico Environment
Department currently provides regulatory oversight for assessment and abatement activities
for 13 legacy uranium mines within the Ambrosia Lake and Laguna sub-districts. Legacy
sites on Bureau of Land Management property will be administered by the Bureau of Land
Management who will use its Comprehensive Environmental Response, Compensation, and
Liability Act authority to undertake cleanup responses, pursue responsible parties, and
recover costs in coordination with appropriate state and federal agencies.
The New Mexico Energy, Minerals, and Natural Resources Department administers two
programs that affect surface reclamation of mines, and is developing surface reclamation
designs for approximately seven legacy uranium mine sites located primarily on Bureau of
Land Management property in the Poison Canyon area of the Ambrosia Lake sub-district.
The New Mexico Energy, Minerals and Natural Resource Department has been assessing
former uranium mine sites across the state since 2007 and has developed a database
identifying mine site locations. Additional assessments at former legacy mine sites will
progress as funding becomes available.
Funding to expand the regional hydrogeologic studies, re-establish strategies for monitoring
wells, ground water modeling, contaminant source identification, source remediation,
remedial strategies and long-term stewardship may need to be identified.
3. Contaminant assessment, cleanup, and long-term management of former uranium mill sites:
The Department of Energy is responsible for long-term surveillance and maintenance of three
former uranium mill sites, Anaconda Bluewater mill and Ambrosia Lake-Phillips mill,
located in the Ambrosia Lake sub-district, and the L-Bar mill located in the Laguna sub-
district.
The Department of Energy will continue to conduct long-term surveillance and maintenance
activities at its sites in accordance with approved Nuclear Regulatory Commission Long-
Term Surveillance and Maintenance Plans. The Department of Energy will evaluate and
participate in additional studies and conduct additional ground water monitoring to address
potential data gaps.
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Also in the Ambrosia Lake sub-district, the Homestake Mining Company mill and Ambrosia
Lake-Rio Algom mill are currently undergoing reclamation under Nuclear Regulatory
Commission oversight in coordination with the New Mexico Environment Department and
the Environmental Protection Agency.
4. Assessment and cleanup of contaminated structures: In coordination with the affected
communities and residents, the Environmental Protection Agency will survey structures in
five areas that are possibly contaminated with radiation attributable to legacy contamination.
Where structures are found to pose a health risk to current or future occupants, the
Environmental Protection Agency will take appropriate response actions using its Superfund
authority. Actions may include demolition and replacement of a structure or a portion of a
structure. Alternative actions will be considered, as necessary, to ensure long-term
protectiveness.
Depending on the number of structures identified under the screening process, additional
funding sources may need to be identified.
5. Laguna Pueblo/Jackpile Mine: The Jackpile Mine, once the world's largest open pit uranium
mine, is located on the Pueblo of Laguna near the village of Paguate. The mining operations
at Jackpile Mine were started by Anaconda Copper Company in 1953 and operations ceased
in 1982 under ARCO. A Record of Decision was adopted by the Bureau of Indian Affairs
and the Bureau of Land Management in 1986 with the objective of reclaiming and stabilizing
the Jackpile Uranium Mine site.
The Environmental Protection Agency is using its Superfund authority to conduct site
investigations to determine the extent of residual risk from legacy activities. The
Environmental Protection Agency and the Laguna Pueblo are finalizing a Memorandum of
Understanding that will document site assessments, removal activities, and establish
protocols for interaction and disclosure of information.
6. Public Health Surveillance: Historical releases to ground and surface water, soil and air from
legacy uranium sites throughout the Grants Mining District have been documented. It is
unknown where releases and dispersions had occurred and extent of the impact to the public
health and the environment. Area residents have requested health screenings and studies to
evaluate health impacts from uranium mining and wastes in the San Mateo Creek basin. The
New Mexico Department of Health proposes to conduct public health surveillance to gather
data and assess exposure to uranium. This will be achieved by recruiting volunteers in the
community who live near legacy uranium sites and or naturally occurring uranium deposits.
Each volunteer will provide a urine sample and a drinking water sample which will be tested
for uranium levels. In addition, volunteers will answer survey questions about their exposure
to uranium. Any volunteers who are found to have elevated levels of uranium exposure will
be provided recommendations about how to reduce exposure. The New Mexico Department
of Health will coordinate with appropriate service and health agencies to develop a
communication and outreach plan.
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2.0 Agency Action Plans
2.1 Assessment of Water Supply Sources for Contamination
Lead agencies:
Environmental Protection Agency, New Mexico
Environment Department, Nuclear Regulatory
Commission, Department of Energy,
Agency for Toxic Substances and Disease Registry,
United States Fish and Wildlife Service, Bureau of
Indian Affairs, United States Geological Survey,
University of New Mexico, New Mexico Bureau of
Geology and Mineral Resources, New Mexico
Department of Health, New Mexico Office of the State
Engineer, Army Corps of Engineers, Acoma Pueblo,
Laguna Pueblo
Bureau of Land Management, United States Forest
Service, Department of Energy, New Mexico State
Lands Office, Laguna Pueblo, Acoma Pueblo
Potential resource agencies:
Land-owner agencies:
Background
Residents within the Ambrosia Lake and Laguna sub-districts primarily rely on private wells for
residential-domestic, stock-watering, and agricultural uses. Legacy uranium mining and milling
operations generated liquid wastes that included water produced from mine dewatering and
aquifer depressuring operations, and process waters from unlined on-site ore leach pads,
evaporation and tailing ponds, heap- and stope-leaching, and uranium milling operations. These
wastes were discharged to the alluvium directly, as well as via impoundment infiltration and
overflow. From mining operations alone, approximately 80 billion gallons of mine water was
extracted from the subsurface, with the majority discharged to the surface over a 30-year period.
Effluent discharges that occurred prior to the establishment of state and federal ground water
regulations had little or no treatment prior to discharge directly to the land surface or to surface
water channels. These effluents that were discharged to alluvium during legacy uranium site
operations, as well as subsequent runoff from contaminated soils continuing to the present and
may impact regional bedrock drinking water aquifers that are accessed by scattered private
residences and nearby municipal water systems. Additionally, extensive dewatering during
underground mine operations created a regionally-extensive cone of depression, into which
oxygenated ground water currently is flowing, and possibly dissolving and mobilizing unmined
uranium and associated contaminants.
Current-day impacts to regional ground water quality from legacy uranium sites for the most part
have not been assessed, but are indicated by the results from historical data and limited current
assessment and abatement work on a few mine sites within the Ambrosia Lake and Laguna sub-
districts that have been ordered by the State under its ground water abatement regulations.
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Previous and ongoing regulatory actions
The New Mexico Environment Department under a Cooperative Agreement with the
Environmental Protection Agency began a sampling effort in 2009 to determine possible legacy
uranium site impacts to private wells in the San Mateo Creek basin. This task was begun in the
vicinity of the Homestake Mining Company uranium mill site, and has continued to the present-
day into the San Mateo Creek basin. Results from these sampling activities have been shared
with residents and public health officials to determine appropriate actions.
In 2009, the New Mexico Environment Department executed an agreement with Homestake
Mining Company to provide water to the City of Milan water service to a limited number of
residents in the vicinity of the Homestake Mining Company Superfund site. Additionally, the
New Mexico Environment Department issued a health advisory to inform residents, within the
San Mateo Creek basin, that private well water may contain contaminant concentrations
associated with legacy uranium site operations in excess of drinking water standards.
Action Plan
1. Continue ongoing Environmental Protection Agency/New Mexico Environment Department
sampling of area water supply sources, with notifications and interpretation of analytical
results sent to well owners. Provide technical assistance and recommendations to reduce
exposure to chemicals above federal and state standards to owners of impacted private wells.
2. Initiate regional hydrogeologic and geochemical studies to evaluate and model potential
anthropogenic and natural contaminant pathways for persistent potential threats to drinking
water supplies.
3. Evaluate public water supply wells that are potentially at risk from contamination originating
from legacy uranium sites.
4. The Department of Energy has provided all existing data from the Uranium Mill Tailings
Radiation Control Act mill sites, and continues to work with the other agencies and the New
Mexico Environment Department to provide site access, split samples, and has offered to
expand the suite of analytes as well as installing some new wells to improve the
understanding of the possible site impacts to the ground water in the immediate area of the
Office of Legacy Management managed mill sites.
5. The Environmental Protection Agency will issue a twice-yearly update to the public on
progress of the assessment of water supply sources objective.
Cost estimates
The ongoing New Mexico Environment Department sampling program utilizes the
Environmental Protection Agency Contract Laboratory Program for metals and general
chemistry ground water sample analyses; radiological analyses will require utilization of non-
Environmental Protection Agency laboratories at an estimated annual cost of up to $50,000 for
two years.
The cost of an individual monitor well is estimated to range between $25,000 and $100,000,
depending upon depth. Aquifer testing costs could range between $5,000 and $50,000,
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depending upon well depth and test duration. Information from these wells also will be useful in
addressing objectives of other tasks proposed herein.
Limitations
Funding
The Environmental Protection Agency has provided limited funding through a Cooperative
Agreement with the New Mexico Environment Department to start proposed activities.
Additional funding may be necessary to establish a ground water monitoring network to ensure
protection of public water supply systems and the drinking water resource.
Regulatory
Water supply sources with elevated uranium, but lacking evidence of legacy uranium site
impacts, may not be appropriate for action by the Environmental Protection Agency's Superfund
Program due to Superfund's limitation on response to naturally occurring substances. However,
background water quality data reflecting pre-milling and/or pre-mining conditions do not exist;
therefore, impacts attributable to legacy uranium sites may be difficult to distinguish from
natural sources.
The Department of Energy has and will continue to improve understanding of the local ground
water at the Uranium Mill Tailings Radiation Control Act Title I and Title II sites under its long
term stewardship. The ground water at Uranium Mill Tailings Radiation Control Act Title I and
Title II sites are regulated by the Nuclear Regulatory Commission with standards promulgated
by the Environmental Protection Agency at 40 CFR Part 192, Health and Environmental
Protection Standards for Uranium and Thorium Mill Tailings, and adopted by the Nuclear
Regulatory Commission at 10 CFR Part 40, Appendix A, Criteria Relating to the Operation of
Uranium Mills and the Disposition of Tailings or Wastes Produced by the Extraction or
Concentration of Source Material from Ores Processed Primarily for their Source Material
Content.
Nuclear Regulatory Commission requirements that utilize Environmental Protection Agency
standards at 40 CFR 192 for mill site ground water restoration may not be totally consistent with
the New Mexico Water Quality Control Commission requirements.
Point of Contact
Dana Bahar, New Mexico Environment Department (505) 827-2908
2.2 Assessment and Cleanup of Legacy Uranium Mines
Lead agencies: New Mexico Environment Department, New
Mexico Energy, Minerals, and Natural Resources
Department, Bureau of Land Management, United
States Forest Service, Environmental Protection
Agency
Potential resource agencies: United States Geological Survey, Army Corps of
Engineers, University of New Mexico, New Mexico
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Bureau of Geology and Mineral Resources, Nuclear
Regulatory Commission, Department of Energy,
Bureau of Indian Affairs
Land-owner agencies: Bureau of Land Management, United States Forest
Service, New Mexico State Lands Office, Laguna
Pueblo, Acoma Pueblo
Background
The Grants Mining District comprises an area of 100 miles by 25 miles that was the primary
location of uranium extraction and production activities in New Mexico from the 1950s until late
into the 20th century. The Grants Mining District extends along the southern margin of the San
Juan basin in Cibola, McKinley, Sandoval, and Bernalillo counties as well as Tribal lands. Three
mining sub-districts located within the Grants Mining District-Ambrosia Lake, Laguna, and
Marquez-contain an estimated 96 legacy uranium mines with recorded uranium ore production
outside of the boundaries of the Navajo Nation (mines that are located on lands within the
boundaries of the Navajo Nation are being addressed in detail in the Health and Environmental
Impacts of Uranium Contamination in the Navajo Nation Five-Year Plan). During the
operational period, many of the larger mines conducted extensive dewatering to access ore below
the water table. Most effluent from dewatering received little or no treatment before discharge to
the ground or surface drainages during the majority of the mine operational period, causing
perennial stream flows in major drainages. The extensive dewatering operations significantly
changed areal hydrologic conditions, resulting in continuing influx of oxygenated ground water
to areas that were dewatered during the mine operational period. Impacts to ground water from
these discharges were noted both in a 1975 Environmental Protection Agency document titled
"Summary of Ground-Water Quality Impacts of Uranium Mining and Milling in the Grants
Mineral Belt, New Mexico" and a 1986 New Mexico Environmental Improvement Division
(predecessor agency of New Mexico Environment Department) document. Other environmental
impacts may have been caused by erosion and leaching of mine waste materials, some of which
were deposited into arroyos where it remains to the present-day, and by the reported operation of
on-site heap-leach and stope-leaching operations. Few of the legacy uranium mine sites have
undergone surface reclamation, and many have physical hazards that remain such as open adits
and shafts, as well as uncontrolled waste rock and ore piles on-site.
Previous and Ongoing Regulatory Actions
Within the Ambrosia Lake sub-district, the New Mexico Environment Department has
completed preliminary assessments of the Poison Canyon Mining District in the late 1980s, a
preliminary assessment in 1991 and a preliminary assessment Addendum in 2008 of the Febco
Mine, a preliminary assessment of the Silver Spur mine in 2008, a hazard ranking package in
1984 for the Haystack Mining District, and a preliminary assessment in 1988 of the San Mateo
mine. Additionally, in 2008 the New Mexico Environment Department completed a preliminary
assessment of the San Mateo Creek basin, which is located within the Ambrosia Lake sub-
district in which the majority of legacy uranium mine and mill sites are located. In the Laguna
Mining District, New Mexico Environment Department completed a preliminary assessment of
the St. Anthony mine in 1995.
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The New Mexico Environment Department oversees assessment and abatement activities at 13
legacy mine sites within the Ambrosia Lake and Laguna sub-districts, including the St. Anthony
mine in accordance with state regulations. Additionally, the New Mexico Environment
Department administers DP-61, the discharge permit, for the Mt. Taylor mine.
From 1990-2003 the New Mexico Energy, Minerals, and Natural Resources Department
safeguarded hazardous mine openings at 12 legacy uranium mines in the Poison Canyon area and
is currently overseeing surface reclamation at nine mine sites. Additionally, the New Mexico
Energy, Minerals, and Natural Resources Department is developing site assessment and
engineered reclamation designs for approximately 20 legacy uranium mines that are located
primarily on Bureau of Land Management-administered lands in the Poison Canyon area.
Reclamation activities will primarily address remediation of waste rock piles and physical
hazards, which will assist in mitigating contaminant pathways.
To help identify and coordinate reclamation activities, the New Mexico Energy, Minerals, and
Natural Resources Department has also developed a uranium mine inventory to compile
information and reclamation status on all known uranium mines in New Mexico.
In 1985-87 approximately 40 legacy uranium mines on Bureau of Land Management property
were inventoried in the checkerboard areas in the Ambrosia Lake sub-district. All of these sites
predate Bureau of Land Management surface management authority which was promulgated in
1981.
The Bureau of Land Management manages about 13 million acres of public land surface in New
Mexico which includes hundreds of dangerous abandoned hard rock mine features such as open
shafts, adits, and pits; waste rock and tailings, and dilapidated buildings and structures. These
dangerous mine features, especially those in high use areas and near cities and towns present an
elevated risk to the public. The Bureau of Land Management is mandated to provide protection
and restoration of the land it manages and to provide public land users with a safe environment.
The project objective is to improve the quality of public lands placed in Bureau of Land
Management care; to mitigate hazards present at abandoned mine sites; when practical to restore
watersheds for natural resource value and to protect public health and safety. Addressing and
remediating abandoned mine land impacts is becoming increasingly important as more and more
people choose to live and recreate near public lands.
The Bureau of Land Management has been working with the New Mexico Mining and Minerals
Division Abandoned Mine Land Program for several years in characterizing and remediating
abandoned mines throughout the state, and has recognized New Mexico Mining and Minerals
Division as a partner agency in this effort. Bureau of Land Management will work with New
Mexico Mining and Minerals Division through an Assistance Agreement and will pursue several
million dollars of funding for the next several years. The results of a successful partnership will
be the remediation of the most dangerous abandoned mine land features on the public land
administered by the Bureau of Land Management in New Mexico, including but not limited to
legacy uranium mines.
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Two major legacy uranium areas which appear of high priority at this time include the Barbara J
Group and the Mesa Top Group, located along Poison Canyon on Bureau of Land Management
land near Grants. The Abandoned Mine Land Program has initiated characterization in this area
and estimates cost of four to five million dollars for engineering, administration and
construction. The Bureau of Land Management, facilitated by the above mentioned Assistance
Agreement, will work with New Mexico Mining and Minerals Division in final prioritization of
remediation and funding to address the entire Grants Mining District.
The United States Forest Service is developing an environmental cleanup plan for the San Mateo
Uranium Mine under Superfund authority. The site is located on the Mt. Taylor Ranger District
of the Cibola National Forest. The United State Forest Service prepared an Engineering
Evaluation and Cost Analysis report to identify and evaluate several removal action alternatives
to address the waste rock piles associated with legacy uranium mining activities. The United
States Forest Service also performed a risk assessment at the site to identify the risks to potential
recreational visitors and to the environment. Elevated concentrations of uranium and radium are
present in the waste rock and leach pad at the site. The United States Forest Service's planning
for the cleanup of the San Mateo mine site is nearing completion. A final Engineering
Evaluation and Cost Analysis incorporating revisions from the public is expected in August of
2010. The cleanup is tentatively planned for 2011.
Non-Regulatory Actions
The United States Geological Survey is currently (2010-2011) working in partnership with the
United States Forest Service to characterize the hydrogeologic characteristics of aquifers within
the upper San Mateo Creek Basin near Mt. Taylor. The aquifers areas include areas on United
States Forest Service lands that are proposed for exploratory uranium drilling and possible
mining. Most of the study area is within the upper San Mateo Creek Basin but also includes
small areas along the hydrologic divide of the San Mateo and Canada Las Vacas basins to the
north and the San Mateo and Lobo Creek basins to the south. Results of this study will be
published in a United States Geological Survey Scientific Investigations Report that is scheduled
for publication in 2011.
The United States Geological Survey, through its State Map Geologic-Mapping Program, has
provided funding to the New Mexico Bureau of Geology and Mineral Resources for mapping six
7.5 minute quadrangles in the Grants Mineral District, including the Ambrosia Lake, San Lucas
Dam, and Cerro Pelon quadrangles for which mapping is in progress and the San Mateo, Lobo
Springs, and Mt. Taylor quadrangles for which mapping was recently completed. In 2011 the
New Mexico Bureau of Geology and Mineral Resources plans to begin geologic mapping of
quadrangles on the east side of Mt. Taylor.
Other United States Geological Survey activities not necessarily taking place in the Grants
Mineral District but are relevant include:
• Preparation of a bibliography of United States Geological Survey publications on
research conducted in the Grants Mineral District inclusive of references and abstracts;
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• Research to examine isotopic compositions, primarily of uranium and sulfur, in water in
relation to a variety of solid phase sources; and
• Preparation of "Uranium and the Environment" community education modules for tribes
in the Grants Mineral District to be developed in consultation with the New Mexico
Environment Department, the Environmental Protection Agency and possibly others.
The New Mexico Bureau of Geology and Mineral Resources and New Mexico Institute of
Mining and Technology have had an active program in uranium resources, uranium
geochemistry and remediation around New Mexico for many years. The studies have included a
uranium resource assessment for the state, understanding the mobility of uranium in the
environment and what influences migration of uranium in soils, understanding uranium
bioavailability to plants and the potential application of phytoremediation to mitigate
contamination in a semi-arid environment, site assessment studies at abandoned mine sites that
included soils and plant surveys, and looking at traditional and non-traditional technologies for
remediating mine/mill sites.
Action Plan
1. Review available data on legacy uranium mine sites. Compile historical chemical data into a
geodatabase. Prioritize areas of contiguous mine sites for assessment screening in
coordination with ongoing New Mexico Energy, Minerals, and Natural Resources
Department surface reclamation program actions and identify data gaps.
2. Conduct and document site screening assessments on the estimated 96 mine sites by the end
of September 2011 to determine site hazards and needs for immediate removal, regulatory
enforcement, and/or further site investigation and remedial action. Mitigate threats from sites
that pose an immediate and substantial threat to human health and the environment and
prioritize sites for remedial actions.
3. Assemble preliminary assessment reports and plan for phased investigation and assessment
activities on appropriate sites as prioritized; such investigational phases may include geologic
mapping, sediment and surface water sampling, geophysical surveys, and shallow and
bedrock aquifer monitor well installations and sampling.
4. Initiate regional hydrologic and geochemical studies:
a) Compile, analyze, and, as necessary, acquire additional areal water source sample
geochemical data to assess possible background hydrochemistry (i.e., pre-mining/pre-
milling), and the nature and extent of both anthropogenic and natural contamination;
evaluate threat to public health; and to provide data for contaminant-transport modeling
and to support decisions for possible future remedial actions.
b) Characterize possible geochemical changes in contaminant properties that occur during
mining operations and subsurface transport to assist with the detection of
anthropogenically-derived contamination and potential site attribution.
c) Evaluate and assess the regional hydrogeologic framework, including sediment/surface
water/ground water interconnections, areal and spatial variations of aquifer properties,
and ground and surface water flow regime changes induced by legacy uranium mine
operations and subsequent remedial activities.
d) Develop a conceptual model based on existing studies.
e) Evaluate baseline concentrations of contaminants within regional natural uranium ore
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bodies in relationship to natural aquifer contaminant concentrations.
5. Conduct phased investigations and successive site reprioritizations, in coordination with the
New Mexico Energy, Minerals, and Natural Resources Department surface reclamation
program activities; beginning with highest-priority mine sites from the investigations.
a) Mitigate threats from sites that pose an immediate and substantial threat to human health
and the environment, as indicated by data from an investigational phase
b) Initiate voluntary remedial and enforcement actions under state and/or federal authority,
as appropriate.
c) Document acquired investigational data as reports, and compile data into a geo-database.
d) Prioritize sites for removal, enforcement, investigation, remedial action and "no further
action" as data are acquired.
e) Perform successive site investigation, site prioritization, documentation, and data
compilation activities as indicated; initiate enforcement and/or contaminant mitigation, as
appropriate.
f) Develop remedial strategies for sites as required.
6. Develop integrated protocols for site characterization and cleanup goals.
a) Convene an inter-agency group to develop site characterization methods and protocols.
b) Develop a process to manage and share data across agencies.
c) Continue on-going discussions to resolve inconsistencies in cleanup goals.
7. The Environmental Protection Agency will issue a twice-yearly update to the public on
progress of the assessment and cleanup of legacy uranium mines objective.
Cost Estimates
The cost of conducting 10 to 20 site screens is estimated to cost $200,000.
Preliminary assessments are estimated at a cost of $15,000 per site. If required, site
investigations will follow and be grouped geographically to minimize costs and to maximize
funding. Estimated costs for complete mine site assessments range from approximately $210,000
to slightly over $1 million per site; these costs are dependent upon the possible areal and depth
extent of contaminant impact investigation, which could vary widely from the size and scope of
previous mining activities. No initial estimates for sampling have been developed. The state and
federal government agencies will use enforcement authority for Legacy Uranium Mines that
have viable potential responsible parties as appropriate supporting data are collected. If no viable
potential responsible parties can be identified, then state and federal agencies will explore
funding options as part of the budget request process to enable appropriate response actions.
Cleanup costs for a legacy uranium mine range from several hundred thousand dollars to several
million dollars. Until assessments and decision-making are complete, it is difficult to estimate
with any confidence the scope of total cleanup costs.
These cost estimates are very preliminary since many critical cost-sensitive assumptions had to
be made. The size of the Grants Mining District, the remoteness and scale of many legacy
uranium mine sites, and the dearth of roads and infrastructure may add significant challenges and
costs. The Environmental Protection Agency and other resource agencies will refine these cost
estimates as more information is obtained, and will incorporate these estimates into the agencies'
ongoing budget processes.
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Limitations
Funding:
Currently, funding is limited and activities will need to be prioritized by lead agencies.
Regulatory:
Unlike the uranium mill tailings cleanup program, there is no specific legislation to address
legacy uranium mines, nor do pre-operational data exist to establish individual site remediation
standards. Individual agencies have established cleanup criteria, but consistent national standards
do not exist. Action under Superfund is not ideally tailored to the legacy uranium mine problem
because of low population density in the Grants Mining District.
The New Mexico Energy, Minerals, and Natural Resources Department may utilize funds from
the abandoned mine program under the Surface Mine Coal Reclamation Act for surface
reclamation of some sites; however the Department of the Interior has recently interpreted the
law to severely limit the use of Surface Mine Coal Reclamation Act funds for non-coal mines.
Transportation and Disposal:
For mine sites that require remediation and where onsite waste disposal presents an unacceptable
risk level to human health or the environment, offsite disposal of wastes may be required. For
such sites, the potential impacts and associated costs for waste removal and transport to a distant
repository for disposal must be evaluated. The agencies will collaborate with Nuclear Regulatory
Commission to evaluate possible options for disposal.
Technical:
Establishing individual site attribution for possible ground water contamination will be difficult
due to the large number of contiguous formerly-operational mines that had accessed the same
ore-bearing stratigraphic units, and the amount of time that has elapsed since the cessation of
mining activities. Additionally, background water quality data reflecting individual site pre-
mining conditions do not exist; therefore, impacts attributable to legacy uranium mines may be
difficult to discern from those of natural sources.
Points of Contact
New Mexico Environment Department, Dana Bahar (505) 827-2908
New Mexico Energy, Minerals, and Natural Resources Department, John Pfeil (505) 476-3407
Bureau of Land Management, Tony Herrell (505) 954-2134
United States Forest Service, Nancy Rose (505) 346-3900
2.3 Contaminant Assessment, Cleanup, and Long-Term Management of Former
Uranium Milling Sites
Lead agencies: Department of Energy, Nuclear Regulatory
Commission, Environmental Protection Agency, New
Mexico Environment Department
Potential resource agencies: Department of Energy, United States Geological Survey,
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University of New Mexico, New Mexico Bureau of
Geology and Mineral Resources
Land-owner agencies: Department of Energy, private
Background
In enacting the Uranium Mill Tailings Radiation Control Act of 1978, Congress had two general
goals. The first was to provide a remedial action program to stabilize and control the uranium
mill tailings at various inactive mill tailing sites. The second was to ensure adequate regulations
for uranium production activities and cleanup of mill tailings at mill processing sites that were
active and licensed by the Nuclear Regulatory Commission (or Agreement States). At the time,
the Nuclear Regulatory Commission did not have direct regulatory control over uranium mill
tailings because the tailings did not fall into any category of Nuclear Regulatory Commission-
licensable material. Before 1978, the Nuclear Regulatory Commission was regulating tailings at
active mill sites indirectly through licensing of source materials milling operations under the
Atomic Energy Act of 1954, as a result of the enactment of the National Environmental Policy
Act of 1969, to address environmental impact of licensing actions.
Under provisions of the Title I of Uranium Mill Tailings Radiation Control Act, Congress
addressed the problem of inactive, unregulated mill tailings piles. Title I of the Uranium Mill
Tailings Radiation Control Act specifies the inactive mill sites for remediation. Under Title 1, the
Environmental Protection Agency establishes standards for cleanup and disposal of contaminated
material; the Department of Energy identifies and remediates the sites and vicinity properties to
the Environmental Protection Agency standards; the Nuclear Regulatory Commission evaluates
and concurs with the Department of Energy's remediation plans and concurs when site
remediation has been adequately completed. Upon completion of decommissioning, the
Department of Energy becomes the long-term site custodian under Nuclear Regulatory
Commission General License and is responsible for performing routine surveillance and
maintenance activities.
Title II of the Uranium Mill Tailings Radiation Control Act addresses the issue of mill tailings
produced at active mill operations sites licensed by Nuclear Regulatory Commission or
Agreement States. Title II amended the definition of byproduct material to include mill tailings
and added specific authorities for the Nuclear Regulatory Commission to regulate this new
category of byproduct material at licensed sites. Under Title II, the Environmental Protection
Agency establishes standards for cleanup and disposal of byproduct material; the Nuclear
Regulatory Commission or Agreement State reviews license applications, issues licenses,
conducts inspections, and oversees the decommissioning activities in meeting Environmental
Protection Agency standards; Nuclear Regulatory Commission reviews and concurs on
Department of Energy's Long Term Surveillance Plans for conventional mills; the Nuclear
Regulatory Commission or the Agreement State terminates the specific licenses for the mill
operations sites and the Nuclear Regulatory Commission concurs in Agreement State license
termination. Upon completion of decommissioning, the Department of Energy becomes the long-
term site custodian under Nuclear Regulatory Commission General License.
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Remediation criteria for uranium mill were first promulgated by the Environmental Protection
Agency in 1983, and amended in 1987. These criteria are found in 40 CFR 192, Health and
Environmental Protection Standards for Uranium and Thorium Mill Tailing, are as follows:
For soil and buildings:
• 5 pCi/g averaged over the first 15 cm of soil below surface
• 15 pCi/g averaged over 15 cm thick layers of soil more than 15 cm below surface
Radon:
• 20 pCi/m2sec
Ground water:
• Background or maximum contaminant level whichever is higher, or
• Alternate concentration limit
The Nuclear Regulatory Commission's final regulations for mill tailings were promulgated in
1985 and amended in 1987 in 10 CFR Part 40, Appendix A, Criteria Relating to the Operation of
Uranium Mills and the Disposition of Tailings or Wastes Produced by the Extraction or
Concentration of Source Material from Ores Processed Primarily for their Source Material
Content.
Within the San Mateo Basin, milling activities occurred at the Ambrosia Lake - Phillips Mill
(Anaconda Bluewater) site from 1958 tol982; at L-Bar Mill site from 1977 to 1981; at the
Homestake site from 1957 to 1990; at the Anaconda-Bluewater site from 1953 to 1982, and at
the Rio Algom-Ambrosia Lake site from 1958 to 2002. In 1973, New Mexico became a Nuclear
Regulatory Commission Agreement State and started regulating milling operations. With the
passage of Uranium Mill Tailing Radiation Control Act in 1978, the Department of Energy was
responsible for remediating Title I sites including the Ambrosia Lake-Philips Mill site while the
Nuclear Regulatory Commission or the Agreement State is responsible for licensing Title II sites
and their reclamation activities. In 1983, the Homestake site was designated as a Superfund site
due to leaking tailings impoundments. In 1986, at the request of the State, the Nuclear
Regulatory Commission re-assumed its regulatory authority from New Mexico for Title II sites
located within the state.
Four legacy uranium mill sites are located within the Ambrosia Lake sub-district. The Ambrosia
Lake-Phillips Mill site, a Title I site, and the Anaconda Bluewater Mill site, a Title II site that
was reclaimed and transferred to the Department of Energy in 1997. Both sites are under the
Department of Energy custody for long-term surveillance, maintenance and ground water
monitoring under the Nuclear Regulatory Commission general license provisions. The
Homestake Superfund site and Rio Algom-Ambrosia Lake mill site are both Title II sites under
the jurisdiction of the Nuclear Regulatory Commission for reclamation. Located in the Laguna
sub-district is the L-Bar mill site, a Title II site that was reclaimed and transferred to the
Department of Energy in 2004 for long-term stewardship. The Bokum Mill is located within the
Marquez sub-district; according to Nuclear Regulatory Commission records, the source material
license was terminated in 1988 following multiple inspections, which confirmed that no ore was
ever produced or processed at the site.
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Anaconda Bluewater Mill (Department of Energy)
The 3.300-acre former Anaconda Bluewater Mill site is located in Cibola County in west-central
New Mexico. The Anaconda Copper Company constructed the original carbonate-leach mill at
the site in 1953 to process uranium ore. The mill had a production capacity of 300 tons of ore per
day. Mill effluents were stored in unlined evaporation ponds. Water budget calculations and
ground water monitoring indicated the occurrence of substantial leakage from these ponds. In
1959, the Anaconda Company drilled a deep well for injection-disposal of mill effluents. This
well was operated between 1960 and 1977. By 1965. an estimated 500 million gallons of effluent
had been injected. Water pressure monitoring and hydraulic head/flow calculations indicated that
injected effluents may have leaked to overlying formations.
Milling operations at the site ended in 1982. Contamination of ground water with molybdenum,
selenium, and uranium from this site was identified in several aquifers. Several years of active
remediation by pumping contaminated ground water from the aquifer produced no significant
reduction in contaminant concentrations. Under Nuclear Regulatory Commission regulations and
Environmental Protection Agency standards, when background and drinking water limits are not
practically achievable, alternate concentration limits that present no significant hazard and are as
low as reasonably achievable may be considered. Based on the criteria evaluated, the Nuclear
Regulatory Commission approved the site-specific alternate concentration limits for site
contaminants of concern in 1996. and transferred the site to Department of Energy for long-term
stewardship in 1997.
Surface remediation consisted of consolidating and encapsulating all contaminated material on-
site in an engineered disposal cell, which covers about 320 acres and contains an estimated 23
millions tons (16 million cubic yards) of tailings and other contaminated materials having a total
activity of about 11.200 curies of radium-226.
The Department of Energy manages the disposal site according to a site specific Long-Term
Surveillance Plan to ensure that the disposal cell systems continue to prevent release of
contaminants to the environment. Under provisions of this plan, the Department of Energy
conducts annual inspections of the site to evaluate the condition of surface features, performs site
maintenance as necessary, and monitors ground water to verify the integrity of disposal cells.
The Department of Energy compliance strategy includes annual ground water monitoring at nine
monitor wells located inside the site boundary. Samples are analyzed annually for
polychlorinated biphenyls and every three years for molybdenum, selenium, and uranium.
Ambrosia Lake - Phillips Mill (Department of Energy)
The Ambrosia Lake-Phillips Mill is a former uranium ore processing facility in McKinley
County, approximately 25 miles north of Grants. New Mexico, near the Rio Algom-Ambrosia
Lake mill site. The site is within the Ambrosia Lake sub-district, near the center of the Grants
Mining District. Numerous abandoned underground mines are located in close proximity to the
site. The mill processed more than 3 million tons of uranium ore between 1958 and 1963 to
provide uranium for the United States Government national defense programs. All mill
operations ceased in 1982. leaving radioactive mill tailings, a predominantly sandy material, on
approximately 111 acres. Wind and water erosion spread some of the tailings across a 230-acre
area. The Department of Energy remediated this site and local contaminated vicinity properties
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between 1987 and 1995 under Title I of the Uranium Mill Tailings Radiation Control Act.
Surface remediation consisted of consolidating and encapsulating all contaminated material on
site in an engineered disposal cell. An engineered disposal cell, which occupies 91 acres of the
290-acre site, encapsulates all site-derived contaminated material. Ground water remediation of
the site was not conducted due to the determination by the Department of Energy that the ground
water in the uppermost aquifer underlying the site is of limited use based on aquifer yield.
The Department of Energy manages the disposal site according to a site specific Long-Term
Surveillance Plan concurred on by the Nuclear Regulatory Commission to ensure that the
disposal cell systems continue to prevent release of contaminants to the environment. Under
provisions of this plan, the Department of Energy conducts annual inspections of the site to
evaluate the condition of surface features, performs site maintenance as necessary, and samples
two monitor wells every three years.
Homestake Superfuncl Site (Nuclear Regulatory Commission)
The site was an alkaline-process uranium mill that is currently under reclamation. Uranium
processing started in the late 1950s and continued until 1990. Tailings generated from the milling
operation were placed on two piles, a large tailings pile and a small tailing pile, which together
cover an area of 170 acres with a weight of approximately 22 million tons. Surface reclamation
is complete. Seepage from the tailings piles was first noted in 1975, and is now documented to
impact four underlying aquifers. Ground water restoration under the jurisdiction of the Nuclear
Regulatory Commission is ongoing, with the Environmental Protection Agency involvement
under the Superfund authority and a site Memorandum of Understanding executed between the
Nuclear Regulatory Commission and the Environmental Protection Agency. The Memorandum
of Understanding documents agreement between the two agencies that the Nuclear Regulatory
requirements at 10 CFR Part 40, Appendix A, are the Federal environmental and public health
requirements applicable or relevant and appropriate to the disposal site. The Nuclear Regulatory
Commission completed a license amendment in 2006 to revise site-specific ground water
protection standards, which were based on determination of site background contaminant
concentrations. Site background concentrations were coordinated with and concurred on by the
Environmental Protection Agency and the New Mexico Environment Department. In August
2008, the Nuclear Regulatory Commission approved an expansion for third evaporation pond to
enhance ground water restoration. The New Mexico Environment Department administers a
discharge permit for ongoing remedial activities. Currently, Homestake is waiting for approval of
a discharge permit to construct the lined evaporation pond. The cost for completion of
decommissioning activities is estimated to be approximately $52.4 million and is projected to be
completed by 2017.
Ambrosia Lake - Rio Algom (Nuclear Regulatory Commission)
The Ambrosia Lake-Rio Algom uranium mill site is located approximately 25 miles north of
Grants, New Mexico, near to the Ambrosia Lake-Phillips mill site. The tailings impoundment
contains 33 million tons of uranium ore and covers an area of approximately 370 acres.
Ground water reclamation was completed in 2001. Surface reclamation is nearing completion.
The site status changed from standby to reclamation in August 2003 to reflect the licensee's
intent to begin full demolition and reclamation of the site leading to termination of the specific
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license. The mill was demolished and disposed of in the tailings impoundment in late 2003. The
Nuclear Regulatory Commission issued a license amendment for alternate concentration limits at
the site in February 2006. Ground water corrective actions continue under abatement plans and
discharge permits issued by the New Mexico Environment Department, and Rio Algom is
finalizing the site tailings reclamation. A portion of the tailings impoundment is still open for
disposal under the Atomic Energy Act, Section lie (2), as byproduct material. The cost for
decommissioning is estimated to be approximately $18 million. License termination is projected
in 2011.
L-Bar Mill (Department of Energy)
The former L-Bar uranium mill is located in Cibola County approximately 47 miles west of
Albuquerque. New Mexico, and 10 miles north of Lag una Pueblo. The site is located on part of
the former L-Bar Ranch and is about four miles east-southeast of the village of Seboyeta. The
site was previously owned and operated by SOHIO Western Mining Company. Mining and
milling at L-Bar began in 1977 and continued until 1981. when the nearby mine closed due to
uranium industry economic conditions. About 2.1 million tons of ore was processed at the mill.
SOHIO Western Mining Company completed site surface reclamation in 2000.
The site currently comprises a 100-acre disposal cell, which contains approximately 700,000
cubic yards of tailings, within the overall 740-acre site. Ground water withdrawal at the L-Bar
site essentially dewatered the First Ties Hermanos aquifer underlying the site, decreasing well
yields to the point that recovery of contaminants was no longer effective. The Department of
Energy's compliance strategy at the L-Bar site is application of the Nuclear Regulatory
Commission-approved alternate concentration limits and the New Mexico Water Quality Control
Commission-approved alternate abatement standards for the contaminants of concern. The
Department of Energy will conduct ground water monitoring annually for three years; if
monitoring results indicate that seepage from the disposal cell is under control, sampling
frequency will be reduced to once every three years thereafter. Ground water monitoring will
continue as long as any contaminant of concern or total dissolved solids concentration in any
well exceeds a state ground water protection standard.
Previous and ongoing regulatory actions
As part of the long-term stewardship, the Department of Energy performs monitoring,
maintenance, and emergency measures necessary to protect public health and safety. The
Department of Energy conducts annual site inspections of Ambrosia Lake-Phillips Mill,
Anaconda Bluewater Mill, and L-Bar Mill sites and samples ground water from on-site monitor
wells in accordance with site-specific Long-Term Surveillance Plans under the Nuclear
Regulatory Commission's general license provision. The Nuclear Regulatory Commission in
coordination with the Environmental Protection Agency and the New Mexico Environment
Department currently oversee ongoing remedial activities at the Homestake Mining Company
Uranium Mill site. The Nuclear Regulatory Commission oversees reclamation in coordination
with the New Mexico Environment Department at the Rio Algom-Ambrosia Lake Mill site. The
New Mexico Environment Department currently administers discharge permit DP-200 for
ongoing remedial activities at the Homestake Mining Company mill site, and discharge permit
DP-169 for the Rio Algom-Ambrosia Lake mill site.
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In 2008. the New Mexico Environment Department began to investigate the occurrence of
possible site-related off-site contaminant concentrations in aquifers that were documented to
have been impacted during site operation from the Anaconda Bluewater mill site. Concentrations
of possible site-related contaminants were measured ground-water samples collected from
several off-site wells screened in the San Andres aquifer. The New Mexico Environment
Department recommended further investigation of potential releases to ground water from the
former mill site. Additionally, the New Mexico Environment Department also reviewed
information regarding the Ambrosia Lake-Phillips mill site in 2009. The New Mexico
Environment Department identified possible inadequacies in the site hydrologic assessment and
remediation, and also documented that mill tailings had been used to backfill some area mines.
The results of both of these investigations have been discussed with the Department of Energy.
Action Plan
The proposed action plan is focused on data gaps related to the potential for continued releases
ground water from the Anaconda Bluewater mill and the Ambrosia Lake-Phillips mill sites.
1. The Department of Energy will continue all surveillance and maintenance, perform ground
water monitoring, complete compliance reporting, and conduct public outreach as required
by the Nuclear Regulatory Commission approved Long Term Surveillance and Maintenance
Plans at these sites.
2. The Department of Energy has and will continue to work cooperatively with the New Mexico
Environment Department to better understand the ground water quality at the Uranium Mill
Tailings Radiation Control Act mill sites. The Department of Energy Office of Legacy
Management has entered into a cooperative agreement with the New Mexico Environment
Department to improve coordination, provide samples and site access and to ensure timely
communication of concerns and protection of human health and the environment within the
given regulatory framework of Uranium Mill Tailings Radiation Control Act.
3. The Department of Energy will install additional monitoring wells at the Ambrosia Lake-
Phillips Mill and the Anaconda Bluewater Mill site. The monitoring well data will help in
further determining movement of contaminants and ground water flow in those areas.
4. The Environmental Protection Agency will issue a twice-yearly update to the public on
progress of the assessment, cleanup, and long-term management of former uranium milling
objective.
Cost estimates
The Department of Energy has provided some funding to the State of New Mexico via a
cooperative agreement to participate in the Department of Energy sites. Non- Department of
Energy costs for assessment of possible off-site contamination from each legacy uranium mill
site is estimated to be in the range of $600,000 to $1 million per site.
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Limitations
Funding
Current Department of Energy funds provides adequate funding for execution of all regulatory
required activities in a timely manner. Offsite evaluations and assessments are not within the
required Department of Energy activities and no funds have been requested for these activities.
Regulatory
Nuclear Regulatory Commission requirements that utilize Environmental Protection Agency
standards at 40 CFR 192 for mill site ground water restoration may not be consistent with the
New Mexico Water Quality Control Commission requirements. The agencies are in on-going
discussions to better understand the issue.
Uranium Mill Tailings Radiation Control Act sites under the Department of Energy's long-term
stewardship are licensed by the Nuclear Regulatory Commission under the general license
provision in accordance with a site-specific Long Term Surveillance Plan indicating required site
inspections and maintenance activities and, in some cases, ground water monitoring as
appropriate. Ground water monitoring is performed according to that Long Term Surveillance
Plan or a Ground Water Compliance Action Plan, as appropriate to each site, and using the
standards promulgated by the Environmental Protection Agency at 40 CFR Part 192. Site
reclamation of Title I Uranium Mill Tailings Radiation Control Act sites is complete and the
authority for further surface cleanup of mill sites or vicinity properties expired according to the
Uranium Mill Tailings Radiation Control Act, although there is no such limitation on the
remediation of ground water. None of the Uranium Mill Tailings Radiation Control Act Title I
sites managed by the Department of Energy Office of Legacy Management are under active
surface remediation and it is not now anticipated that surface remediation would be necessary.
The Title II sites are under remediation by private licensees consistent with regulatory
requirements. It is the intent of the Uranium Mill Tailings Radiation Control Act that these sites
can be transferred to the state or the Department of Energy Office of Legacy Management for
long term care once all surface and ground water remediation is complete. The Anaconda
Bluewater Mill and the L-Bar Mill sites were reclaimed and transferred to the Department of
Energy for long-term stewardship in 1997 and 2004, respectively. Reclamation at the Rio
Algom-Ambrosia Lake and Homestake mills sites are still underway. The Department of Energy
has no formal role in the reclamation of these mill sites, but maintains communication with the
Nuclear Regulatory Commission, the Environmental Protection Agency, and the New Mexico
Environment Department as well as the licensees as the eventual recipients of the sites in order to
ensure the final conditions will be acceptable to the Department of Energy upon transition.
Technical:
Establishing individual site attribution for possible off-site ground water contamination will be
difficult due to the large number of nearby formerly-operational mines and mills, which are
known to have released similar contaminants, as well as the amount of time that has elapsed
since the cessation of legacy uranium activities. Additionally, background water quality data
reflecting pre-milling conditions do not exist; therefore, impacts attributable to legacy uranium
mills may be difficult to discern from those of mine sites and natural sources, and due
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consideration of how much effort should be applied to further evaluate this will be discussed
between the parties.
Points of Contact
Department of Energy, Tracy Plessinger (970) 248-6197
Nuclear Regulatory Commission, Lydia Chang (301) 415-8141
Environ mental Protection Agency, John Meyer (214) 665-6742
New Mexico Environment Department, Dana Bahar (505) 827-2908
2.4 Assessment and Cleanup of Contaminated Structures
Lead agency: Environmental Protection Agency
Potential resource agencies: New Mexico Environment Department, New Mexico
Energy, Minerals, and Natural Resources Department,
United States Fish and Wildlife Service, Agency for
Toxic Substances and Disease Registry, New Mexico
Department of Health, Indian Health Service, Bureau
of Indian Affairs, Nuclear Regulatory Commission,
Acoma Pueblo, Laguna Pueblo and Navajo Nation
governments
Background
Some structures within the Grants Mining District may be constructed or remodeled with
radiological contaminated materials from legacy uranium sites or located on legacy uranium sites
and may pose risks to human health.
Previous and ongoing regulatory actions
The Environmental Protection Agency Region 6 is in the process of conducting a removal site
assessment at potentially contaminated residential structures in the Ambrosia Lake, and Laguna
uranium mining sub-districts of the Grants Mining District, near Grants, New Mexico. The
removal assessment is being conducted in two general phases; 1) aerial radiological survey
conduct by Environmental Protection Agency owned aircraft equipped with Airborne
Spectrophotometric Environmental Collection Technology Gamma Emergency Mapper and 2)
on-the ground residential radiological survey using a peer reviewed assessment protocol
developed specifically for this assessment.
Five general areas of interest were originally targeted for aerial radiological assessment by the
Airborne Spectrophotometric Environmental Collection Technology in the Ambrosia Lake sub-
district: 1) the greater Grants area (includes Milan, Toltec, Bluewater, and San Rafael), 2) the
village of San Mateo, 3) the area surrounding the intersection of State Highway 605 and State
Highway 509, 4) the Mormon Farms area (south of Homestakes Mill Site, and 5) the Lobo
Canyon sub-divisions. Within the Laguna sub-district, two areas were targeted for the aerial
radiological assessment: 1) the six main villages of the Laguna Pueblo (Paguate, Encinal, Seama,
Paraje, Laguna and Mesita) and 2) the three villages of the Cebolleta Land Grant (Bibo,
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Moquino and Seboyeta). The Laguna sub-district area is being addressed as the Oak Canyon
Site.
The aerial radiological assessment was completed in October 2009 and the final report was
submitted in January 2010. Prior to being submitted as final, the data used in this report was
extensively peer reviewed. Copies of the final report have been distributed to all applicable
partners and a copy has been made available for public review at the public library in Grants,
New Mexico. Results from the aerial radiological assessment have allowed the Environ mental
Protection Agency to prioritize its resources into the areas of greatest probability for excessive
radiological contamination within the original area of interest. Areas of highest priority are the
village of San Mateo in the Ambrosia Lake sub-district and all of the Oak Canyon Site (Laguna
sub-district). The remainder of the Ambrosia Lake sub-district referenced above, with the
exception of the Mormon Farms area, is of lower priority due to surface radiological readings of
background or slightly above. These areas will be addressed using a more abbreviated on-ground
protocol. The Mormon Farms area will be addressed by the Environmental Protection Agency
Remedial Project Manager for the Homestake National Priority List site, due to its proximity to
the National Priority List site.
In December 2009, Environmental Protection Agency began public outreach and seeking
voluntary access to conduct Phase One of the on-ground removal assessment at the village of
San Mateo in the Ambrosia Lake sub-district and the three village of the Cebolleta Land Grant at
the Oak Canyon Site.
In January 2010, the Environmental Protection Agency began the on-ground radiological surveys
and residential Radon sampling in the villages of the Cebolleta Land Grant. The Environmental
Protection Agency opted to amend the radiological protocol to include radon sampling in Phase
One, rather than Phase Two of the protocol in the villages of the Land Grant. The
Environmental Protection Agency completed the Phase One and radon sampling portions of the
on-ground radiological survey in March 2010. The Environmental Protection Agency is currently
awaiting laboratory radiological data and interpretation of field instrument data by the project
certified health physicist. Phase Two of the protocol will be initiated if necessary, pending
recommendations from the project certified health physicist.
In February 2010, the Environmental Protection Agency continued outreach activities with the
Laguna Pueblo government and specifically the village of Paguate. In March 2010, the
Environmental Protection Agency began seeking voluntary access in the Village and continued
outreach activities. In late March 2010, the Environmental Protection Agency began the on-
ground radiological surveys and residential radon sampling in the village of Paguate. Residental
on-ground radiological surveys have continued in the major villages of the Laguna Pueblo, all
surveys should be complete by late 2010.
Action Plan
1. Continue to work with residential structure owners to identify contamination issues.
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2. Coordinate public outreach in other targeted areas as needed. Iteratively conduct removal
radiological assessments and develop mitigation strategies as required. Continue and
complete on-ground removal assessments.
3. The Environmental Protection Agency will issue a twice-yearly update to the public on
progress of the assessment and cleanup of contaminated structures objective.
Cost Estimates
The estimated cost for assessing each structure is approximately $6,000 per structure and the
estimated cost for remediating each contaminated structure is up to $200,000. As initial areas are
screened, Environmental Protection Agency will develop an implementation plan to determine
the extent and projected future costs for this activity.
Limitations
Property access permission, notification among agencies and tribal nations
Removal assessment and mitigation activities, as required, for residential structures owned by
Native Americans must be sensitive to cultural values and customs.
Disposal and management of waste material will be coordinated with federal, tribal and state
regulatory authorities as appropriate.
Point of Contact
Environmental Protection Agency, Warren Zehner (281) 983-2229
2.5 The Jackpile Mine on Laguna Pueblo
Lead agency: Laguna Pueblo, Environmental Protection Agency
Potential resource agencies: Bureau of Indian Affairs, Bureau of Land
Management, Indian Health Service, Agency for Toxic
Substances and Disease Registry, United States
Geological Survey
Land-owner agencies: Laguna Pueblo
Background
The Pueblo of Laguna is located in the western area of New Mexico. Western New Mexico had
one of the richest uranium ore deposits in the United States. The Jackpile Mine is located on the
Pueblo of Laguna near the village of Paguate. The mining operations at Jackpile Mine were
started by Anaconda Copper Company in 1953 and operations ceased in 1982 under ARCO.
Approximately 7,868 acres of land was leased to Anaconda throughout the years of operation.
The Jackpile Mine originally started as an open pit mine but at the end of operation turned into
an underground mine. In addition to the Jackpile pit, two other open pit mines existed, the North
and South Paguate pits. Approximately 400 million tons of earth was removed from the open pits
over their operation span. The Jackpile Pit was the deepest of the three open pits. Excavation was
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down approximately 625 feet into the earth. The North Paguate Pit was excavated down
approximately 200 feet and the South Paguate Pit was excavated down approximately 325 feet.
At its peak of production, the mine was operated 24 hours a day, 7 days a week. In early 1982,
mine operations ceased because the price for uranium ore was no longer profitable. As part of the
agreement made between Anaconda/ARCO and the Tribe, once operations at the mine ceased,
ARCO was to pay for reclamation. It took approximately seven years for all parties involved to
reach an agreement on reclamation. A Record of Decision for the Jackpile-Paguate Uranium
Mine Reclamation Project was signed between the Bureau of Land Management and Bureau of
Indian Affairs in December 1986. In 1989, the Tribe was paid approximately $45 million by
ARCO to do the reclamation work themselves. The Laguna Construction Company was created
by the Tribe to do the reclamation. It took from 1989 until 1994 to complete the reclamation
project. The reclamation project will be monitored closely for the next 15 years.
Previous and ongoing regulatory actions
For the past three years, the Laguna Pueblo has been receiving grant funding through the
Environmental Protection Agency 106 Clean Water program. With this funding the Pueblo has
been sampling surface water at various locations and has collected analytical data on uranium.
Elevated levels of uranium have been detected in the surface waters of the Rio Paguate and in the
Mesita Dam. The levels of uranium could have an impact on Traditional/Cultural and
Ceremonial uses of surface water bodies below the convergence of the Rio Paguate.
Levels of uranium vary per sampling event due to multiple factors, but below the Jackpile Mine
the levels are consistently high. Downstream locations exhibit lower uranium levels but are
above the background level.
Action Plan
1. Continue the consultation process with the Pueblo. The first formal consultation was held
with the Pueblo Governor and council members on October 13, 2009.
2. A Memorandum of Understanding signed by the Pueblo of Laguna and the Environmental
Protection Agency on June 22, 2010 facilitates consultation, coordination and cooperation in
both the removal and site assessment phases/processes of activities and protocols.
3. The Environmental Protection Agency Superfund Program will conduct a Preliminary
Assessment and Site Investigation at the Jackpile Mine.
4. The Environmental Protection Agency will issue a twice-yearly update to the public on
progress of the assessment and investigation at the Jackpile Mine.
Cost Estimates
The cost to conduct a Preliminary Assessment is approximately $15,000. The estimated cost to
conduct a Site Investigation is between $40,000 to $75,000 depending on the necessary sampling
and analysis for the site.
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Limitations
Funding:
Currently, funding is limited and activities will be prioritized by the lead agency.
Point of Contact
Environ mental Protection Agency, LaDonna Turner (214) 665-6666
2.6 Public Health Surveillance
Lead agency: New Mexico Department of Health
Potential resource agencies: Indian Health Service, Agency for Toxic Substances
and Disease Registry, New Mexico Environment
Department, Environmental Protection Agency
Background
Historical releases to ground and surface water, soil and air have been documented from legacy
uranium sites throughout the Grants Mining District, and may be continuing into the present
from on-site wastes. Area residents have requested health assessments associated with
environmental impacts from historical known and possible legacy uranium activities and wastes
in the San Mateo Creek basin and throughout the Laguna sub-district.
Previous and ongoing regulatory actions
The New Mexico Department of Health's Environmental Health Epidemiology Bureau has a
long history of investigating New Mexicans' exposure to uranium.
From 2002-2008, New Mexico was a member of the 6-state Rocky Mountain Biomonitoring
Consortium and participated in planning and implementation grants. The Rocky Mountain
Biomonitoring Consortium was funded by the Centers for Disease Control and Prevention to
address environmental health problems in Arizona, Colorado, Montana, New Mexico, Utah, and
Wyoming. These states share common environmental characteristics and have extensive histories
of mining, especially for uranium and federal military operations. Some of these states have
some of the highest levels of arsenic and uranium in drinking water in the nation, both from
naturally occurring deposits as well as mining/milling and coal-fired power plants. These
activities have also led to lakes and stream with elevated levels of heavy metals. In New Mexico,
approximately 850 participants (volunteers) had their drinking water and urine tested for a
number of chemicals, including uranium. With respect to uranium, the 90th percentile exposure
among New Mexicans (0.12 ug/L) was higher than the 90th percentile for the nation (0.029 ug/L,
according to the National Health and Nutrition Examination Survey, 2001-2002).
From October 2007 to June 2008, urine and water samples were collected as part of the New
Mexico's general fund-supported efforts to assess veterans' exposure to uranium, and more
specifically, depleted uranium. Depleted uranium has been used for armor-penetrating bullets
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and sabots because of its high density, its ability to self-sharpen as it penetrates its target and its
propensity to self-ignite.
During 2009-2010, state general funds will be used to expand testing of residents for uranium
exposure. Specifically, the New Mexico Department of Health has identified the Grants Mining
District as the priority area given the elevated levels of naturally occurring uranium due to
uranium mineralization. Individuals in this area will be invited to have their drinking water and
urine tested for total uranium levels. In addition, they will be given a survey to assess other
routes of uranium exposure.
As of April 2009, uranium in urine greater than 0.08 ug/L is a notifiable condition in New
Mexico and therefore must be reported to the Department of Health under New Mexico
Administrative Code 7.4.3.12.
Action plan
1. Residents in the Grants Mining District will be recruited to participate in the project,
which will occur in late spring. Recruitment will be multi-pronged, including:
a) Coordinating with the Environmental Protection Agency to identify individuals who
are living in contaminated structures (and willing to participate); b) Through newspaper
ads, radio spots, and other means; c) Coordinating with the New Mexico Environment
Department to identify individuals on private wells with elevated uranium levels;
d) Residents who live near legacy uranium mines will be encouraged to participate, as
will those who are on private wells.
2. Physicians in the area will be notified about the project and the Agency for Toxic
Substances and Disease Registry will work with the lead agency to provide training on
uranium exposure and guidelines for care. In addition, a communication and outreach
plan will be developed to inform the public of investigation findings and possible
appropriate mitigation strategies.
3. The Environmental Protection Agency will issue a twice-yearly update to the public on
the status and results of the public health surveillance.
Limitations
Funding from the New Mexico Legislature was spent by June 30, 2010 to conduct analyses of
urine and water samples for total uranium. The New Mexico Department of Health anticipates
providing these results to participants by August 31, 2010.
Point of Contact
New Mexico Department of Health, Heidi Krapfl (505) 476-3577
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3.0 Implementation Plan Time Line
Objective
FY 2010
FY 2011
FY 2012
FY 2013
FY 2014
Water Source
Continue water supply sources sampling throughout
Grants Mining District
Complete water supply
sources sampling
throughout Grants Mining
District
Continue out-reach to owners of impacted water sources
and perform follow up sampling as required
Identify solutions to ensure availability of safe drinking water sources while strategies for ground water remediation are developed and implemented
Evaluate susceptibility of vicinity community water systems to contamination from legacy uranium sites
Initiate hydrogeologic studies through compilation of available data and hydrogeologic mapping
Uranium Mines
Continue screening
assessments (10-20 per
year) of mine sites in
Grants Mining District
Complete screening
assessments
Conduct further investigation of mines prioritized for further investigation.
Evaluate and prioritize assessed mines for response actions including further investigation, removal, and remedial actions.
Initiate removal planning
and other response actions
Initiate response actions as appropriate
Develop a strategy to
engage potential
responsible parties and
address legacy mines
Prioritize sites for further investigation activities
Engage Potential Responsible Parties in investigation and response actions
Develop remedial strategies as required
Initiate hydrogeologic
studies through
compilation of available
data and hydrogeologic
mapping
Continue hydrogeologic studies and data compilation
Long-term
Management of
Former Uranium Mill
Sites
Conduct long-term
surveillance, maintenance,
and ground water
monitoring requirements at
three former mill sites
Conduct long-term
surveillance, maintenance,
and ground water
monitoring requirements at
three former mill sites
Conduct long-term
surveillance, maintenance,
and ground water
monitoring requirements at
three former mill sites
Conduct long-term
surveillance, maintenance,
and ground water
monitoring requirements at
three former mill sites
Conduct long-term
surveillance, maintenance,
and ground water
monitoring requirements at
three former mill sites
Install one additional
bedrock monitoring well to
evaluate alluvial/bedrock
interconnections at
Ambrosia Lake—Phillips
Mill site
Complete evaluation of
alluvial/bedrock
interconnections at
Ambrosia Lake—Phillips
Mill site
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Objective
FY 2010
FY 2011
FY 2012
FY 2013
FY 2014
Replace one monitor well
and install additional wells
on Anaconda Bluewater
Mill site, as appropriate
Monitor and evaluate the
ground water data at the
Anaconda Bluewater Mill
site
Initiate hydrogeologic
studies through
compilation of available
data and hydrogeologic
mapping
Continue hydrogeologic studies and data compilation
Contaminated
Structures
Develop screening
protocol
Conduct preliminary
assessment activities over
all targeted areas (includes
aerial reconnaissance)
Identify site that may require remedial action and long term stewardship
Develop and implement
community outreach plan
Complete access
agreements with owners
and Tribal governments
Initiate structure
assessments
Continue assessments
Complete assessments.
Determine if further action
necessary
Prioritize and begin
cleanup of structures found
to be contaminated above
acceptable levels
Laguna/Jackpile Mine
Develop Environmental
Protection Agency and
Laguna Pueblo MOU
Conduct preliminary
assessment and site
investigation of Jackpile
Mine
Public Health
Surveillance
Exposure Assessment:
Seek participants and
develop data collection
tools.
Conduct drinking water
and urine sampling.
Conduct analysis of morbidity data
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Objective
FY 2010
FY 2011
FY 2012
FY 2013
FY 2014
Conduct health education
and outreach for doctors
Conduct health education
and outreach for doctors
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4.0 Associated Superfund Sites
This section describes the status of the work under the Environmental Protection Agency's
Superfund program in the Grants Mining District. This information provides a larger picture of
related legacy uranium activities in northwestern New Mexico.
4.1 Homestake Mining Company (Barrick Gold Corp.), Grants, New Mexico
The Homestake Mining Company Superfund site is located in Cibola County, New Mexico,
approximately 5.5 miles north of the Village of Milan, at the intersection of Highway 605 and
Country Road 63. Five residential subdivisions, Murray Acres, Broadview Acres, Pleasant
Valley Estates, Felice Acres, and Valle Verde are located within two miles south and southwest
of the Site. The Site is the location of a former uranium mill operated by Homestake Mining
Company.
The Homestake Mining Company operated a uranium mill at the Site from 1958 until 1990. The
mill was decommissioned and demolished between 1993 and 1995. The Site currently includes
two tailings piles (i.e., Large Tailings Pile and Small Tailings Pile), a ground water extraction
and injection system, tailings flushing and dewatering systems, a reverse osmosis water
treatment plant, two lined collection ponds, two lined evaporation ponds, associated equipment
and structures, and office building and related support structures. Currently, the Homestake
Mining Company is waiting for approval of a permit from the New Mexico Environment
Department to construct a third lined evaporation pond.
The hydrogeology at the site is complex. The shallowest aquifer at the site is the San Mateo
Alluvial Aquifer that merges with the Rio San Jose Alluvial Aquifer to the west and the Lobo
Canyon Alluvial Aquifer to the southeast. The San Mateo Alluvial Aquifer extends from land
surface to the underlying Chinle formation up to a depth 80 feet.
Beneath the alluvial formation is the Chinle formation that is comprised of shale and sandstone.
Three distinct aquifers are present in this formation including the upper, middle and lower Chinle
aquifer. The Upper Chinle Aquifer is an approximately 20-foot thick sandstone layer. Below the
Upper Chinle is the Middle Chinle Aquifer that is approximately 40 foot continuous sandstone
layer. The Lower Chinle extends up to 120 feet below the Middle Chinle. The regional San
Andreas Aquifer lies below a confining layer several hundred feet below the alluvial aquifer.
Regulatory Framework
The Homestake Mining Company operated the uranium mill under a Nuclear Regulatory
Commission license. For license termination, Homestake Mining Company is required to
cleanup the site in accordance with the Nuclear Regulatory Commission requirements of 10 CFR
Part 40, Appendix A. The facility is conducting remediation under a Nuclear Regulatory
Commission approved Corrective Action Plan.
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The site was listed on the National Priorities List in 1983. Homestake Mining Company entered
into an Administrative Order on Consent with the Environmental Protection Agency to provide
alternate water to impacted residents. Subsequently, Homestake Mining Company has met all the
obligations under this agreement. In 1989 the Environ mental Protection Agency issued a No
Action Record of Decision. The 1989 No Action Record of Decision addressed only radon
exposure and did not address ground water as it was already addressed by the Nuclear
Regulatory Commission. In 1993 the Environmental Protection Agency and the Nuclear
Regulatory Commission signed a Memorandum of Understanding that spelled out the regulatory
responsibilities at the Site. Under this Memorandum of Understanding, the Nuclear Regulatory
Commission is the lead agency to direct cleanup and the Environmental Protection Agency has
oversight authority.
The facility has two discharge permits DP-200 and DP-725 issued by the New Mexico
Environment Department. The discharge permits authorizes Homestake Mining Company to
extract, inject and discharge ground water in to the evaporation ponds.
Current Activities
The Homestake Mining Company continues to operate the remediation system to achieve
cleanup goals by 2017. In 2009, the Homestake Mining Company entered in to a Memorandum
of Agreement with the New Mexico Environment Department to connect several residents in the
subdivisions near the site who did not have access to public water supply. Currently, all of the
homeowners identified have alternate water supply.
Recently the Environmental Protection Agency commissioned a Remedy System Evaluation
performed by the Army Corps of Engineers. The Remedy System Evaluation was conducted to
evaluate the effectiveness of the current remedial strategy. A draft report was issued to
stakeholders in February 2010. A revised draft report was issued to stakeholder before the end
of the original comment period, thus extending the comment period on the Remedy System
Evaluation until the end of July 2010. The Army Corps of Engineers is currently waiting for
comments from the stakeholders prior to finalizing the report.
Future Activities
The Environmental Protection Agency is also planning to conduct a human health risk
assessment to determine risk to the residents living near the site during remedial activities. The
scope of work for the risk assessment has been shared with the stakeholders including the
Bluewater Valley Downstream Alliance. The Environmental Protection Agency is currently
planning the sampling schedule and expects the sample collection to begin in August 2010.
4.2 United Nuclear Corporation, McKinley County, New Mexico
The United Nuclear Corporation site was listed on the Environmental Protection Agency's
National Priority List on December 30, 1982. The site is located 17 miles northeast of Gallup,
New Mexico and on the southern border of the Navajo Indian Reservation. United Nuclear
Corporation was granted a radioactive materials license by the State of New Mexico in May
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1977 and operated the site as a uranium mill facility from 1977 to 1982. The site includes a
former ore processing mill and tailings disposal area. The tailing cells have been capped with an
interim radon barrier cover as part of the reclamation activities directed by the Nuclear
Regulatory Commission.
Regulatory Authorities
Under a 1988 Memorandum of Understanding between the Environ mental Protection Agency
and the Nuclear Regulatory Commission, the Environmental Protection Agency is responsible
for regulating the remediation of ground water contamination outside of the Tailings Disposal
Site under Superfund. The Nuclear Regulatory Commission is the lead agency responsible for
surface reclamation and source control at the licensed site, with the Environmental Protection
Agency to monitor all such activities and provide review and comment directly to the Nuclear
Regulatory Commission.
Current Activities
The United Nuclear Corporation is currently extracting seepage-impacted ground water from
Zone 3 to an evaporation pond on-site under a Unilateral Administrative Order issued by the
Environmental Protection Agency.
The ground water extraction systems for Zone 1 and the Southwest Alluvium have been shut off.
Zone 1 pumping rates have declined over time and do not support pumping due to a lack of
natural recharge to the aquifer. Contaminant levels have also declined over time and no further
movement of contamination downgradient has been observed. Pumping in the Southwest
Alluvium was discontinued because little progress was being made toward achieving cleanup
levels for sulfate and total dissolved solids; natural attenuation is being evaluated. Pumping in
Zone 3 continues to slow down the migration of seepage-impacted ground water, but is not likely
to stop its movement to the north toward Navajo land.
The Environmental Protection Agency has also directed United Nuclear Corporation to conduct a
site-wide supplemental feasibility study to evaluate other cleanup options (remedial alternatives).
United Nuclear Corporation has made several proposals such as water injection testing, a
technical impracticality waiver, and institutional controls to prevent ground water use.
Future Activities
The Environmental Protection Agency is developing a holistic plan to evaluate ground water
contamination in the area of the Site, the Northeast Church Rock Mine, and another nearby
historic mine (Quivira mine) located to the north of the Site.
4.3 Northeast Church Rock Mine, Coyote Canyon, New Mexico
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The Northeast Church Rock Mine is a former uranium mine that was operated by United Nuclear
Corporation from 1967 to 1982. Most of the 125-acre mine permit area is held in trust for the
Navajo Nation by the United States Government and is immediately adjacent to the Navajo
Reservation. Approximately 40 acres are patented mining claim land owned by United Nuclear
Corporation. The Environmental Protection Agency found contaminated sediments from
treatment ponds, waste piles with low-grade uranium, and widespread radium contamination.
Regulatory Authorities
The Environmental Protection Agency Region 9 is the lead on the mine Site according to the
terms of a Memorandum of Understanding with the Navajo Nation and Environmental Protection
Agency Regions 6, 8 and 9.
Current Activities
In November 2006, the United Nuclear Corporation, under order by the Environmental
Protection Agency, started conducting a removal site investigation. In April 2007, the
Environmental Protection Agency initiated a time critical removal action of radium contaminated
soils. Detailed information on background, current activities, and future plans can be found in the
Health and Environmental Impacts of Uranium Contamination in the Navaio Nation Five-Year
Plan.
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ATTACHMENTS
37
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Attachment A: Meeting Fact Sheet
38
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* - * - NEW MEXICO
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Grants Mineral Belt
Fact Sheet
New Mexico January 2010
This Fact Sheet will tell you about:
• Background information
• Current activities
• Meeting questions and answers
• What happens next?
• Where to get more information
Background Information
The Grants Mineral Belt in New Mexico extends along the
southern margin of the San Juan Basin within Cibola,
McKinley, Sandoval, and Bernalillo counties as well as on
Tribal lands. The Grants Mineral Belt was the primary
area for uranium extraction and production activities in
New Mexico from the 1950's until late in the 20th century.
Historical uranium mining impacts within the Shiprock
Mining District and part of the Ambrosia Lake sub-district
of the Grants Mining District are under the jurisdiction of
the Navajo Nation and are being addressed by U.S.
Environmental Protection Agency (EPA) Region 9. The
remainder of the Ambrosia Lake sub-district, as well as the
Laguna, and Marquez sub districts contain legacy uranium
sites that are under the jurisdiction of EPA Region 6 and
the State of New Mexico.
Current activities
On October 20, 2009, EPA Region 6 sponsored a
community meeting in Grants, New Mexico to kick off
public participation to assist EPA, the New Mexico
Environment Department (NMED), and their Tribal,
federal, state and local partners in planning for interagency
activities to address the environmental legacy from
uranium mining and milling. This interaction was the first
in a series of planned collaborative activities wherein the
communities can provide input to long-range planning
activities for the Grants Mineral Belt Five-Year Plan,
which sets forth the goals, objectives, and tasks to assess
health risks and environmental impacts that may have
resulted from legacy uranium mining and milling
extraction, processing, and waste disposal. NMED, EPA,
Tribal and other partners will interface with the
community as we move forward with this wide-ranging
effort.
Meeting questions and answers
A number of questions asked by the meeting participants
were related to the Homestake Mining Company (uranium
mill) Superfund Site. Although the Homestake Site is
within the San Mateo Creek Basin, those questions have
been referred to the Homestake Mining Company Site
Remedial Project Manager to address in a separate
document.
Below are responses to questions from the October 2009
community meeting related to the Grants Mineral Belt 5
Year Plan initiative:
1. What structures in the area will be evaluated?
In coordination with the affected communities and
residents, EPA will assess structures on land likely to be
contaminated with radiation from uranium waste rock
and/or debris. Based on data gathered from aerial over
flights, this effort will focus on the areas of San Mateo,
Poison Canyon, Spanish Land Grant and Laguna Pueblo.
Impacted structures could include homes, barns, sheds,
fences and free standing shelters that may have been built
with uranium waste or waste rock from uranium mining or
milling sites, which could pose a health risk to current or
future occupants.
2. Why is the partnership addressing small, dry mines
first?
Site assessments of mines within Poison Canyon were
conducted to understand whether these mines may
contribute to ground water contamination obsen'ed up-
39
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gradient of the nearby Home stake Mining Company
Superfund Site. In 2009, NMED completed site screenings
at 27 mines that were the closest up-gradient mines to the
Homestake Mining Company Superfund Site. This work
was conducted as follow-up to the 2008 Preliminary
Assessment conducted by NMED that evaluated 85 legacy
uranium sites in the San Mateo Creek Basin. Additionally,
NMED also has conducted a Preliminary Reassessment
and Site Investigation of the Anaconda Company
Bluewater uranium mill site, which is also up gradient of
the Homestake Mining Company Superfund Site. NMED
has requested that the U.S. Department of Energy evaluate
the source of elevated contaminant concentrations in the
Alluvial and San Andres aquifers possibly attributable to
this site.
3. Will there be an aquifer study throughout the
Grants Mineral Belt?
The EPA, working with NMED and other partners, began
a sampling effort in 2009 to determine impacts to private
wells in the San Mateo Basin. Results from this sampling
will be shared and discussed with NMED, residents, and
public health officials to determine appropriate future
actions. Additional work may be conducted to fill in any
data gaps that may be identified.
4. a. What work has been done by the Department of
Health to evaluate human exposure to uranium
contamination?
b. What were the concentrations of uranium found
by the Department of Health that caused concern?
a.) The New Mexico Department of Health's
Environmental Health Epidemiology Bureau has been
actively involved in investigating New Mexicans' exposure
to uranium. Here are some examples:
From 2002-2008, New Mexico was a member of the 6-
state Rocky Mountain Biomonitoring Consortium, which
was funded by the Centers for Disease Control and
Prevention to address environmental health problems in
Arizona, Colorado, Montana, New Mexico, Utah, and
Wyoming. These states share common environmental
characteristics and have extensive histories of mining,
especially for uranium and federal military operations.
The goal in part was to assess the extent of human
exposure to environmental contaminants through testing of
drinking water and urine. For New Mexico, the primary
focus was arsenic, which was known to occur naturally at
elevated levels along the Rio Grande Rift Valley. The
study invited volunteers to have their drinking water and
urine tested for a variety of metals and other chemicals.
Because this biomonotoring project was based on
volunteers, there was not representation from every
potentially impacted county. It is also important to note
that areas with naturally higher ground water arsenic
levels were preferentially selected for this biomonotoring
project. However, regions with the highest uranium
deposits, such as McKinley or Cibola counties were not
included because they were not identified as having high
levels of arsenic.
In New Mexico, approximately 850 volunteer participants
had their drinking water and urine tested for a number of
chemicals, including uranium. With respect to uranium,
the 90th percentile exposure among New Mexicans was
higher than the 90th percentile for the nation, according to
the National Health and Nutrition Examination Survey,
2001-2002).
From October 2007 to June 2008, urine and water
samples were collected as part of New Mexico state
general fund-supported efforts to assess veterans'
exposure to uranium, and more specifically, depleted
uranium. Specific information and monitoring results are
available at
http://nmhealth.Org/eheb/documents/Bio/DUSummary6.9.
09.pdf.
b.) Through working with the Rocky Mountain
Biomonitoring Consortium, the New Mexico Department
of Health staff learned that levels of uranium in some New
Mexicans' drinking water supplies and urine exceeded
average levels in a national study that is representative of
the US population. All New Mexico participants whose
uranium drinking water concentrations exceeded the EPA
maximum contaminant level (MCL) of 30 micrograms per
liter were contacted and advised to utilize reverse osmosis
filtration or to drink bottled water in order to avoid this
exposure.
In addition, the New Mexico Department of Health also
conducted an evaluation of veterans' exposure to depleted
uranium. A summary of the depleted uranium project is
available at
http://nmhealth.Org/eheb/documents/Bio/DUSummary6.9.
09.pdf
All results of the biomonitoring project's participants are
being analyzed to evaluate exposure to uranium and other
metals. A final summary report from this study will be
available by the end of December 2009. No results from
individual participants will be identif ied.
5. Are comprehensive health studies planned for the
Grants Mineral Belt?
At this time, the New Mexico Department of Health has no
funds to conduct comprehensive health studies. However,
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if funds become available the Department of Health will
conduct water and/or urine sampling and analysis for
uranium in the Grants Mineral Belt region. Specifically,
Department of Health would identify areas in New Mexico
with elevated levels of naturally occurring uranium due to
uranium mineralization and then prioritize areas for
testing. Individuals in these areas would be invited to
have their drinking water and urine sampled for total
uranium levels. They would collaborate with other
agencies on these efforts to ensure that they are not
duplicating efforts.
It has been reported that by the end of the year, Indian
Health Service will begin medical monitoring clinics
across the Navajo Nation to screen individuals for non-
job-related exposure to uranium. Dr. Douglas Peter,
chief medical officer and deputy director for the Navajo
Area Indian Health Service, said Indian Health Service
was charged with conducting the study as part of a five-
year plan to address uranium contamination on the Navajo
Nation.
6. Can the key contacts' information for EPA,
NMED, Mining & Minerals Division, Department
of Energy, Nuclear Regulatory Commission, Health
Dept, Agency for Toxic Substances and Disease
Registry, Bureau of Indian Affairs, Bureau of Land
Management, Department of the Interior and their
web site link(s) be made available to the
community?
Samuel Coleman, Director
Superfund (6SF)
US EPA, Region 6
1445 Ross Avenue
Dallas, TX 75202
Marcy Leavitt, Director
New Mexico Environmental Department
Water and Waste Management Division
1190 St. Francis Drive
P.O. Box 5469
Santa Fe, NM 87502-5469
Bill Brancard, Director
New Mexico Energy, Minerals, and Natural Resources
Department
Mining and Minerals Division
1220 South St. Francis Drive
Santa Fe, NM 87505
Heidi Krapfl, Chief
Environmental Health Epidemiology Bureau
Epidemiology and Response Division
New Mexico Department of Health
1190 St. Francis Drive, Suite N1304
Santa Fe, NM 87502-5469
http://nmhealth.org/eheb/index.shtml
Ray Plieness, Director
US Department of Energy
Office of Site Operations (OSO)
Office of Legacy Mgmt (LM-20)
2597 B 3/4 Road
Grand Junction, CO 81503
Keith McConnell, Deputy Director
Nuclear Regulatory Commission
Division of Waste Management and Environmental
Protection
Mailstop T8F5
Washington, DC 20555
Dr. C. Mark Sewell
New Mexico Department of Health
Epidemiology and Response Division
1190 S. St. Francis Drive
Santa Fe, NM 87502
George Pettigrew
US EPA (6SF-L)
Agency for Toxic Substances and Disease Registry
1445 Ross Avenue
Dallas, TX 75202
Stephen Spencer
Regional Environmental Officer
U.S. Department of the Interior
Office of Environmental Policy and Compliance
1001 Indian School Road, NW, Suite 348
Albuquerque, NM 87104
7. Why wasn't the Bluewater Valley Downstream
Alliance informed about the aerial radiological
survey before the October 20, meeting?
The aerial over-flight of populated areas that may have
structures impacted by legacy uranium site wastes was
conducted by the EPA National Decontamination Team
(NDT) who operates and maintains the fixed-wing aircraft
and the instruments utilized to collect data. As the
operator of the aircraft, the EPA NDT and their contract
pilots have an established protocol with the Federal
Aviation Administration (FAA) regarding notification of
low-level flights in public airspace. All notifications
procedures established under the EPA NDT protocol were
met prior to the commencement of the aerial over-flights.
In addition, the survey was specifically for populated
areas that have structures built from mine wastes. If any
future overflights are planned, EPA will ensure that the
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affected population, including the Bluewater Valley
Downstream Alliance, are alerted to the activity.
8. Did the aerial radiological survey extend to San
Mateo Creek?
The aerial radiological survey did not extend to the
geographical area directly north of the Home stake Mining
Company Superjund Site. The survey was specifically
conducted over populated areas that may have structures
built from mine and/or mill waste.
9. Can part of the Five-Year Plan include evaluations
for radon and plant uptakes?
Radon evaluation and plant uptake studies may be
considered for future sampling events. Plant uptake
studies are more commonly considered during the
extensive site characterization studies associated with
human health or ecological risk assessments and may not
be included in the preliminary site evaluation stages.
10. Why were residents of the Grants Mineral Belt
excluded from the uranium exposure study
conducted by the Department of Health?
Please see response to question number 4.
11. Can EPA/partners locate funding for new health
studies, i.e. bio-monitoring?
EPA will continue to work with the state and federal health
agencies to identify future studies and potential funding
sources.
12. Did industry funding for (the New Mexico Energy,
Minerals, and Natural Resources Department)
Mining and Minerals Division studies cause any
"heartburn" for the Agency? Could industry
participation be a conflict of interest?
Since the Mining and Minerals Division (MMD) directed
the contract, we did not have concerns about the industry
funding. MMD drafted the scope of the contract, approved
the contractor and oversaw the fieldwork and report
preparation.
13. Will the Five-Year Plan going to consider the
potential impacts of new mining on legacy sites?
The response to this question involves agencies' policy
decisions. We will provide an update on this issue in the
future.
14. Can the Bluewater Valley Downstream Alliance
receive copies of the presentation shown at the
October meeting?
Copies of the PowerPoint® presentation, along with a list
of meeting participants were provided electronically to all
requestors several days after the October meeting.
15. Why didn't EPA provide the community enough
advance notice about the October meeting?
EPA mailed the meeting invitations on October 6, 2009,
providing the community approximately a two-week
notice. Meeting invitations notif ication were also placed
in four local newspapers several weeks before the meeting.
Over a number of years working with diverse communities,
we have found that notices sent too far in advance of
community meetings (more than several weeks) tend not to
work as well as notifications providing an approximate
two-weeks notice. We also provided a number of e-mail
notifications to different agencies' electronic mailing lists.
In the future, we will endeavor to provide the Grants
Mineral Belt community meeting notices in advance of the
normal two-weeks.
16. Why doesn't EPA communicate their expectations
better? The October meeting invitation did not
mention the Five-Year Plan, but participants were
asked to provide input?
We believed that the language in the invitation, "We are
asking community members to assist us in gathering
information and providing input on planning activities
related to the coordinated efforts to assess and address
environmental impacts resulting from legacy mining and
milling activities. EPA, NMED and their partners are
seeking community input as we move forward in this
comprehensive effort." did adequately inform the
community of how we hoped they would participate in the
meeting. EPA will increase and enhance our efforts to
clarify community expectations in all future
communications.
17. Is EPA complying with "Executive Order 12898,
Federal Actions to Address Environmental Justice
in Minority Populations and Low-Income
Populations?"
EPA is complying with the Order. In April, June and
August of2009, EPA began communications and meetings
related to the New Mexico legacy uranium issues with the
Multicultural Alliance for a Safe Environment (MACE),
the Southwest Network for Economic and Environmental
Justice (SNEEJ), the Indigenous Environmental Network,
the Bluewater Valley Downstream Alliance and other
42
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organizations concerned with issues of environmental
justice. The October 2009 meeting was the first in a series
of large community meetings to open up the collaboration
process to the wider community.
18. What is Superfund?
Superfund is the Federal Government's program to clean
up the Nation's uncontrolled hazardous waste sites. The
EPA Superfund cleanup process begins with site discovery
or notification to the EPA of possible releases of
hazardous substances. Sites are discovered by various
parties, including citizens, State agencies and by Region 6
staff. Once discovered, we enter the site into our
computerized inventory of potential hazardous substance
release sites which is named the Comprehensive
Environmental Response, Compensation and Liability
Information System (CERCLIS). We then evaluate the
potential for a release of hazardous substances from the
site through multiple iterative steps in the Superfund
process.
19. Why aren't the Bluewater Valley Downstream
Alliance, the Multicultural Alliance for a Safe
Environment and the Haaku Water Office part of
the partnership?
The initial focus of the Grants Mineral Belt Partnership
was to share information with State, Federal and Tribal
agencies who have currently, or had historically,
conducted work in the area to share information and
resources. EPA hosted a meeting last spring with over 60
representatives from 19 federal, state, and Tribal
organizations to better understand how each organization
is involved. It was decided that a multi-agency plan or a
'Five Year Plan" could serve as a planning tool for each
of the organizations to align their work and to achieve
greater benefits.
In addition to its own funding mechanisms, each of the
organizations has its own mission and rules to identify and
plan future work. Community groups provide a valuable
resource to each organization's planning process. EPA
and NMED consider Bluewater Valley Downstream
Alliance, the Multicultural Alliance for a Safe
Environment and Tribes as valuable partners and will
work directly with them to ensure that community input is
reflected in the planning and implementation of the Five-
Year Plan.
What happens next?
In the next several months, federal, state, Tribal and local
partners will participate in a series of meetings to discuss
activities, planning and future directions for the Grants
Mineral Belt Five-Year Plan. NMED, EPA and our other
partners plan to present the first draft of the Five-Year Plan
at a public meeting in spring 2010.
In follow-up to an aerial radiological survey that EPA
completed in October 2009, the EPA will be conducting
residential structural assessments in Cibola and McKinley
Counties, New Mexico over the next several months. The
aerial survey covered approximately 300 square miles
which included the towns of Toltec, Bluewater, Milan,
Grants, San Rafael, San Mateo, Bibo, Seboyeta, Moquino,
the villages within the Laguna Pueblo and the Lobo
Canyon sub-divisions. The areas of interest for further
structural assessments are San Mateo, Bibo, Seboyeta, and
Moquino. Other tribal villages may be addressed
depending on requests from the tribes.
The structural assessments will assist EPA in determining
the impact of former uranium mining and milling on
residential properties. EPA will be requesting additional
information and/or property access from homeowners in
areas of elevated radiological activity as defined by the
aerial assessment. EPA will begin contacting the
potentially- effected residents for additional information
and/or property access in December 2009.
Where to get more information
All media contact should be made to the Region 6 Office
of External Affairs at 214.665.2200.
John Meyer
Chief, Risk and Site Assessment Team Leader
US EPA Region 6 (6SF-TR)
214.665.6742
me ver. j ohn @ epa. gov
LaDonna Turner
New Mexico Site Assessment Manager
U.S. EPA Region 6 (6SF-TR)
214.665.6666
turner .ladonna@ epa. gov
Beverly Negri
Community Involvement Team Leader
U.S. EPA Region 6 (6SF-VO)
214.665.8197
negri.beverly@epa.gov
Stephen Harper
Community Involvement Coordinator (SEE)
U.S. EPA Region 6 (6SF-VO)
214.665.2727
harper. Stephen @ epa. gov
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Jon Rinehart
P.O. Box 5469, 1190 St. Francis Drive
On-Scene Coordinator
Santa Fe, NM 87502-5469
U.S. EPA Region 6 (6SF-PR)
505.827.0652
214.665.6789
i errv. schoeDDner @ state, nm.us
rinehart. i on @ eDa. gov
Heidi Krapfl, Chief
Patrick Young, MS, RS
Environmental Health Epidemiology Bureau
Centers for Disease Control and Prevention
Epidemiology and Response Division
U.S. Public Health Service
New Mexico Department of Health
EPA/ATSDR (6SF-L)
1190 St. Francis Drive, Suite N1304
ATSDR Regional Rep., Region 6
Santa Fe, NM 87502-5469
214.665.8562
505.476.3577
vouns.Datrick@eDa.sov
Heidi.KraDfl @ state.nm.us
All of the above EPA staff can also be reached on
Site Repository
1.800.533.3508 (toll-free).
New Mexico State University at Grants
David L. Mayerson
Campus Library
New Mexico Environment Department
1500 Third Street
Ground Water Quality Bureau
Grants, NM 87020
Superfund Oversight Section
505.287.6639
1190 St Francis Dr, Suite N2312
Santa Fe, NM 87502-5469
On the web:
505.476.3777
http://www.epa.gov/earthlr6/6sf/newmexico/
david.maverson@ state.nm.us
grants/nm_gr ants_index.html
Jerry Schoeppner, P.G.
New Mexico Environment Department
Ground Water Quality Bureau
Mining Environmental Compliance Section
44
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Attachment B: State of New Mexico Correspondence
45
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. ,*v
ft. ¥¦
: inn •-
JMiHn Jita.Ytra Stair llegislaftirt
S.mli J"*r
November ?.3, 2U(N
Sam Coleman, Director
Superfund Division
fmvironmental Protection A gene)
1445 Ross A\e.
Dallas, 1 X 75202
Dear Director Coleman;
On behalf of the interim legislative Indian A flairs and Radioactive and Hazardous
Materials committees, we write to thank you and your agency for taking the lead in
coordinating a five-year plan to address the health and environmental impacts of (he
uranium legacy in New Mexico. Moreover, we write respectfully to request that the five-
year plan include a broad scope of work with specific priorities, the participation of
critical federal slate and tribal agencies with authority to address the uranium legacy, an
ongoing assessment of benchmarks and goals and a public participation process and
specific identification of the limitations in both federal funding and (he statutory authority
preventing comprehensive uranium legacy cleanup.
We ask that the scope of work tor the five-year plan be broad enough to assess and
develop strategies to address and clean up adverse impacts lo human health and the
environment associated with past uranium mining and milling activities. The
assessments and strategies to address the risks to human health and the environment from
uranium legacy sites need to be established in order of urgency, Of greatest urgency is
the assessment of potentially contaminated water supply sources associated with the
uranium legacy effects. I he second priority is assessment and cleanup of the uranium
legacy contamination from all pathways that pose a threat to human health and the
environment, Closely associated with dial priority is the cleanup of sediment, surface
materials, surface and ground water and air contamination originating trorn past mining
and dewatcring of abandoned uranium mines. 1 -astly, assessment and cleanup of
potentially contaminated structures may be undertaken. In order to complete this broad
scope of work, many federal, slate and tribal agencies will need to work together.
The input, participation and cooperation of federal, stale and tribal agencies are
necessary to achieve comprehensive uranium legacy cleanup. More importantly, the
active participation and cooperation of critical federal agencies are necessary for cf)ccti\c
46
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Sam C oleman
November 23, 20CW
Page 2
and efficient use of available resources, We request llmt all efforts he made lc« include the
active participation of all critical federal agencies, particularly the Department of Fnergy's
Of'Iiee ol Knvironmcntal Management and Office of Legacy Management, the
Department of the Interior's Office of Surface .Mining Reclamation and Enforcement, the
Bureau of Land Management, the Bureau of Indian Affairs, the United Stales Forest
Service, the United States Geological Survey, the Nuclear Regulatory Commission, the
Agency for "I oxic Substances and Disease Registry and the United States Army Corps of
Engineers. A coordinated interagency implementation of the five-year pi at! is necessary
to maximize resources itnd achieve comprehensive uranium legacy cleanup.
In order 10 adequately evaluate the implementation of the five-year plan, a process for
ongoing public participation and assessment of benchmarks and goals is needed. Public
input in the initial scope of work and in ongoing cleanup efforts is very important
Additionally, a process to assess benchmarks and goal achievements is necessary to
ensure timely and comprehensive uranium legacy cleanup.
We understand that there arc many limitations preventing comprehensive uranium
legacy cleanup activities. The tive-year plan must identify the limitations in federal
funding and the statutory- authority that prevent efforts to fully address and clean up
uranium legacy risks to human health and the environment.
Thank you for your time and for your consideration of this veiy important matter.
We look forward to reviewing a draft of the five-year plan. Please feel free to contact us,
or Damian Lara, staff attorney at the Legislative Council Service, at <505) 986-4b!)0„
should you have any questions or comments regarding this matter.
Sincerely,
State Representative, District 65
Co-Chair, Indian Affairs Committee
State Senator, District 5
Chair. Radioactive and
Hazardous Materials Committee
State Senator, District 3
Co-Chair. Indian Affairs Committee
State Representative, District 55
Vice Chair. Radioactive and
Hazardous Materials Committee
JKM/RCM/JP/JHikf
47
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Attachment C: Environmental Justice Correspondence
48
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MULTICULTURAL ALLIANCE FOR A SAFE ENVIRONMENT (MASK)
P.O. Bo* 4254, Albuquerque, NM 87196 « 505-262-1862 (office) • 505-262-1864 (fax)
fe£££2llfiil
Blum iter Vilkr Downstream \ Hi* net
Milan
Dined Birt/ii) t, oatirion
Vawi/i' Nation
Eastern \u»*jn Din# Against ( ranuim
Mining (EN [>A 11 Ml
('htirchnn'k iwJ t* 'rowrtpnmt
i tjuii* toalitioo for * Naif
Emirowmrnt
Atxunit ami Lugtma Puehtos
Posl-71 I r«niutn Workers Cowmtttte
I trams
lilfillilSifilMM:
Amigns Hr»vos
Ttrnt ami libiiiftti
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facilitate the testimonies of peoples impacted by every aspect of this industry, but also
raise awareness about the Federal Government's lack of response to what we now call
the Uranium Legacy- You will see sites and hear stories that establish the basis for —
• Enactment of a Federal abandoned uranium mine (AUM) reclamation program
• Expanded Federal budgets for AUM reclamation and community compensation
• Federal funding for community health studies
• Regional expansion of an existing Superfund site to address historic uranium
mining and milling pollution of massive quantities of groundwater
• Expansion of the Radiation Exposure Compensation Act (RECA) to include Post-
1971 uranium workers
• Oversight of the Nuclear Regulatory Commission's deference to the uranium
industry on both legacy responses and approvals of new uranium recovery
You may be surprised to learn that the Federal Government never regulated
underground and open-pit uranium mining, arid still doesn't. As a result, the
Government has taken a hands-off approach to clean up of abandoned mines developed
for the nuclear weapons program from the late-1940s to the early-1970s. Efforts by the
USEPA to use the Superfund law to force financially viable companies to reclaim mines
developed in the 1970s arid abandoned in the 1980s has been slowed by the current
Administration's refusal to ask Congress to appropriate adequate clean-up funds
In the one area of uranium development that the Government does have authority —
regulation of conventional uranium milling and in situ leach (ISl) recovery — the NRC
has allowed companies to continue to use groundwater restoration methods that have
failed to clean up groundwater contaminated by mill tailings seepage for more than 30
years, furthermore, NRC's recently released draft Generic Environmental Impact
Statement (GEIS) on uranium ISL ruining is widely viewed in our communities as a way
for the agency to curtail public involvement in site-specific ISL licensing decisions.
Indeed, the GEIS's analysis of "environmental justice" impacts of ISL recovery — a
superficial recitation of demographic statistics and income levels for the local population
— reflects the agency's lack of commitment to one of the most important EJ principles,
the notion of early and frequent participation of affected communities of color in
government decision making.
The lack of an appropriate and thorough response by the Federal Government and the
uranium industry to the Uranium Legacy has left our communities devastated
economically and culturally. Because so little had been done since uranium was last
mined in the early-198Gs, our communities decided to address the Legacy head-on. We
advocated for the identification and assessment of abandoned uranium mines and
compensation for uranium workers and community members alike. In some
communities, we raised money and developed collaborations with nongovernmental,
academic and government agencies to conduct radiological and heavy metal
assessments in residential areas near abandoned mines. One of those assessments
spurred USEPA's recent emergency soil removal around Navajo homes near
Churchrock, N M. While progress toward cleanup has begun as a result of these efforts,
to this day, many of our homes are located near unreclaimed mines, posing a continued
threat to our health.
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To bring grassroots power to policy, we have participated in a variety of actions that
brought attention to our issues. Community members affected by mine wastes testified
before the House Oversight and Government Reform Committee in October 2007 and at
the Udail Roundtable in Washington, DC. in November 2007, They conducted tours of
uranium sites for New Mexico elected officials and testified before several standing
committees of the New Mexico Legislature over the past two years.
Despite these collective efforts, we still need your help. With the rise in price of uranium
our groups have found it necessary to organize to protect our communities from new
mining, and NEJAC can give us a national voice in that work. We have enunciated a
vision predicated on the idea that clear and profitable alternatives already exist in the
form of the sun and wind, particularly here in New Mexico, The stress on resources of
Planet Earth today demands that we must become sustainable now and invest in
practices that will not continue to endanger our environment, health and, ultimately, our
survival, NEJAC can help us and many other communities promote this shared vision.
You would receive a warm welcome in New Mexico. We are one of only a few states
whose Governor issued an Executive Order on Environmental Justice in 2005. The New
Mexico Environment Department has shown enough of a commitment to the principles
of environmental justice to be tapped by NEJAC to receive an award at your October
meeting. And despite the threats of new mining in Navajo communities, the Navajo
Nation's enactment in 2005 of a tribal law prohibiting uranium mining and processing, by
any method, anywhere in "Navajo Indian Country," still stands as the highest action a
sovereign government can take to protect its resources and its people. Similarly, the
Pueblo of Laguna in March placed a moratorium "on any further uranium drilling or other
exploratory or mining activity on Pueblo lands from this day forward,"
In closing, we thank you in advance for considering our request, MASE is committed to
helping coordinate key contacts in our state and to facilitating a successful gathering.
Eastern Navajo Dine Against Uranium Mining Laguna Acoma Coalition for a Safe
Sincerely,
Crownpoint, N.M
Environment, Paguate. N.M.
cc Richard Moore, chair, NEJAC
cc: Rep Henry Waxman
cc: Rep Tom Udall
cc Pres Joe Shirley, Jr. Navajo Nation
cc: Gov. John Antonio, Laguna Pueblo
cc: Ron Curry, NMEP Secretary
Post-71 Uranium Workers Committee
Grants, N.M.
51
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Attachment D: Potential Applicable or Relevant and Appropriate
Requirements
FEDERAL STATUTES AND REGULATIONS
Resource Conservation and Recovery Act (RCRA) of 1976, as amended -
Surface Mining Control and Reclamation Act of 1977 (SMCRA), as amended --
Uranium Mill Tailings Radiation Control Act of 1978 (UMTRCA), as amended -
The Native American Graves Protection And Repatriation Act
National Historic Preservation Act
Archeological Resources Protection Act of 1979
American Indian Religious Freedom Act
Endangered Species Act (ESA)
Atomic Energy Act of 1954, as amended
Clean Air Act
Clean Water Act
Safe Drinking Water Act
National Environmental Policy Act
Comprehensive Environmental Response, Compensation, and Liability Act
Oil Pollution Act
Water Resource Development Act
10 CFR Part 40, Appendix A, Criteria Relating to the Operation of Uranium Mills and the
Disposition of Tailings or Wastes Produced by the Extraction or Concentration of Source
Material from Ores Processed Primarily for their Source Material Content
40 CFR Part 192, Health and Environmental Protection Standards for Uranium and Thorium Mill
Tailing
STATE STATUTES, REGULATIONS, AND GUIDANCE
New Mexico Statutes 1978 Hazardous Waste Act, Chapter 74, Environmental Improvement,
Articles 1, 2, 3, 4, 6, & 9.
New Mexico Statutes 1978, New Mexico Surface Mining Act Sections 69-25A-1 et. seq.
New Mexico Statutes 1978, New Mexico Mining Act Section 69-36-1 et. seq.
New Mexico Statutes 1978, Mine abandonment; fencing; warning notices Section 69-12-4
New Mexico Statutes 1978, Mine abandonment; precautions, 69-27-3
NMAC 20.1.4: Environmental Permit Procedures
NMAC 20.1.2: Water Quality, Ground and Surface Water Protection
NMAC 20.1.3: Voluntary Remediation
NMAC 19.7.2 New Mexico Mine Safeguarding
NMAC 19.8: Coal Mining
NMAC 19.10: Non-Coal Mining
Mine Closeout Plan Guidelines (New Mexico Mining and Minerals Division Website)
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