Helen Mary Johnson
San Juan Public Lands Center
15 Burnett Court
Durango, CO  81301
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Dear Helen Mary,

We are writing to you on behalf of Sheep Mountain Alliance in San Miguel County, Colorado, Colorado Environmental Coalition and Information Network for Responsible Mining.  We thank you for the opportunity to comment on the Environmental Assessment (EA) for the expansion of the Sunday Mine Complex, which is located on public land in San Miguel County, and is actively mining uranium.

Please note that this mine complex is part of an ongoing private and federal effort to restart the long-dormant uranium mining and milling industry in the region.  However, to date an Environmental Impact Statement has not been prepared which discusses the cumulative impacts of uranium mining in the Dolores River Watershed.  As such, there are significant impacts involved with this mine proposal which require a full analysis in an Environmental Impact Statement. 

Our review indicates that the direct, indirect and cumulative impact of this project and the connected actions have not been analyzed and disclosed. We are providing the following comments regarding the significant impacts identified by the Draft EA, and for the following reasons, request that the BLM terminate its EA review and instead initiate the preparation of a full Environmental Impact Statement:

•    The company has a history of non-compliance with government regulations.

o    Denison failed to comply with county regulations, which stated that it could not haul more than 12 truck loads of ore per day on County Road 20R.  Denison also failed to comply with two other regulations, to control dust on road 20R, and to label all outgoing trucks with visible placards indicating their radioactive contents.

o    Given the record of the State of Utah with International Uranium Corporation (IUC), which is Denison’s predecessor company, Denison will do everything in its power to impede county regulations. 

•    The State of Utah said in 2000 that the company was resistant to State regulation at White Mesa Uranium Mill.  It also called its dealings with the company, “arduous, argumentative, and subjective”.  

•    Mine expansion will have irrevocable economic, human health, and environmental damage. 

o    Historically, uranium prices have not stayed above $100 per pound (adjusted for inflation) for longer than 5 years at a time and in 2007, uranium stayed at that price for less than one year.

•    The Sunday Mines will probably not remain in operation for 20 years, as claimed, because when the price of uranium drops, mining becomes unprofitable.  Denison is already placing some of its other uranium mines on standby.

•    This means jobs at the mine will not last long.

o    Alan Belt, Montrose County Commissioner, stated in the EA that the reason for the economic depression in the West End of San Miguel and Montrose Counties is that there are no jobs in the area except for mining-related jobs.

•    Adding more temporary mining-related jobs is not going to improve this condition, it will only prolong it.

o    The EA describes towns in Western San Miguel and Montrose Counties, the economic depression they are facing, and the jobs and infrastructure created by mining.  The EA states that Denison will contribute to the economy in these areas.

•    These impacts are significant, based on the displacement which occurs in towns subject to the boom and bust cycle of mining.  The EA does not acknowledge what residents have known all along – any mining jobs which may emerge are temporary and based on whimsical markets.  Because uranium mining never has been, and it never will be, a stable market, the jobs it creates will never be stable.  This is a consequence that communities founded on mining must be willing to face, and under such circumstances, it is unrealistic and unreasonable to expect mining companies to provide a high standard of living.  The EA does not support the irresponsible and misleading claim that uranium mining in the region will provide dependable, long-term, and high paying jobs.

o    The EA states, without providing any real support, that mine operations would provide long-term employment and contribute relatively high-paying jobs and a dependable long-term tax base to San Miguel County.

•    Uranium mining jobs are neither long-term because of the volatile market, nor are they high paying, considering the risk to human health, which is priceless.

•    The tax base that unstable mining would provide to San Miguel County is not dependable.

o    According to the EA, following cessation of mining operations, all the Sunday Mines would be reclaimed as discussed in the approved POO.  However, the analysis does not consider the real on-the-ground situation.

•    Many of the uranium mines in the area have been present for over 50 years, without reclamation.  Abandoned mines litter the landscape. 

•    Most likely, when the price drops low enough, (which it will), so that mining is no longer profitable, then the mines will be put on standby or abandoned until the price rises again, possibly years later.  The EA does not analyze the steps which will be taken to address standby conditions, but, according to the Topaz POO, no water monitoring will be conducted during these closures.

•    Bonding must be required to provide for the full costs of reclamation by a third party.

•    The analysis for company’s financial capabilities and incentives for reclamation are weak.
 
•    Denison’s stock traded for .96 cents a share on December 3, 2008.

•    The Southwest is littered with abandoned uranium mines from companies that have gone bankrupt and forfeited reclamation.

•    The mine expansion will have direct, indirect, and cumulative impacts to eligible historical sites.

o    The EA states on page 48: “the cultural resource inventory provided by the Operator for the first year’s proposed operations revealed potential direct impacts to two National Register “eligible” sites from temporary access road construction and use by the Operator for the Sunday Mine drilling activity. In addition, there is potential for indirect impacts to scientifically important sites within a ¼ mile of motorized vehicle access routes including temporary drill roads and staging areas, maintained roads, vent sites and mine facilities.”

o    And on page 47: “as long as these access routes are in use by the Operator they are also available for uncontrolled public use and often provide links to dozens of miles of abandoned drill roads: 2-track routes attractive for motorized vehicles access to remote areas.”

•    Even though the EA claims that these direct and indirect impacts will not have a cumulative impact on the eligible historical sites, this is a false claim.  The EA fails to recognize the devastating cumulative effect that this uranium mine will likely have on the cultural sites through direct disturbance and vandalism.

o    There is no indication that the BLM has consulted with the necessary historic preservation officers as is required under Section 106 of the National Historic Preservation Act.

•    The EA failed to disclose its proximity to, and impacts on, proposed wilderness areas.

o    The EA did not mention that the Sunday Mines Complex is near two proposed wilderness areas.

•    The mine expansion is only 7.6 distance miles from the proposed Snaggletooth area.

•    It is 18 distance miles from the McKenna Peak proposed wilderness.

•    The EA makes false claims about the use of public lands.

o    On page 8 of the EA, it states that because of the multiple uses of BLM land, the “selection of the No Action Alternative is generally contrary to the BLM’s statutory requirements.”

•    The EA fails to adequately detail and analyze potential impacts to ground and surface water quality.

o    On page 22 of the EA, the BLM concedes that “No groundwater quality information is available specific to the Sunday Mines because no groundwater wells are located at the Sunday Mines.”  This is unacceptable.  The Colorado DRMS requires 5 quarters of water quality monitoring data prior to mine reclamation permitting.  Thus, ground water quality data should exist and if not, is likely in the process of being gathered in order for the Sunday Mine complex (including the Topaz Mine) to comply with Colorado HB 1161, passed in 2008, that requires that all uranium mines be permitted as “designated mining operation” under Colorado law.

o    The EA fails to state why this data does not exist, or affirmatively demonstrate why the cost for obtaining the information is exorbitant, among other demonstrations required of the BLM  by 40 C.F.R. § 1502.22. 

o    On page 24-25 of the EA, the same problem with lack of information is present with respect to the acid generating potential of the waste-rock.  Indeed, the EA sets forth a plan for gathering this information, effectively admitting that the data is obtainable and that the cost to do so is not exorbitant.  The BLM has a duty under NEPA, FLPMA (prevention of unnecessary and undue degradation), and the 43 CFR Part 3809 regulations  to either obtain this data itself or require the operator to gather and present this data in order to allow the BLM to assess the impacts associated with acid mine drainage.  This must occur prior to completion of the EA and prior to permitting in order for the agency and the public to assess and understand the impacts of this project.  Indeed, the BLM cannot make a reasonable determination as to whether this project may have a significant impact on the environment without having this information.

o    The BLM should require all ground water quality baseline information, and waste rock acid generating potential data, be gathered, analyzed, and disclosed prior to finalizing its decision on this mine.  To do otherwise would violate NEPA, FLPMA, and the 43 CFR 3809 regulations.   


Thanks again for allowing us to comment on the Environmental Assessment for this proposed expansion. 


Sincerely,

Hilary White
Executive Director
Sheep Mountain Alliance
PO Box 389
Telluride, CO 81435
970-728-3729

Mary Brooke Sunderland
Project Coordinator
Sheep Mountain Alliance

Joe Neuhof
West Slope Field Director
Colorado Environmental Coalition
970-243-0002

Travis Stills
Managing Attorney
Energy Minerals Law Center
970-375-9231

Jeffrey Parsons
Information Network for Responsible Mining
P.O. Box 349
Lyons, CO  80540
720-203-2871