Request for
Hearing and/or Petition to Intervene
In Re: Crow
North Trend Expansion
- Docket No. 40-8943 (
Office of the Secretary
U.S. Nuclear Regulatory Commission, 16th Flr.
One White
11555 Rockville Pike
Attention: Rulemakings and Adjudications Staff
By Fax:
301-415-1101, Verification:
301-415-1966
By Email: HEARINGDOCKET@NRC.GOV
Dear Sir
or Madam:
Standing:
Admissible
Contentions:
A. CBR’s
Mining Operations Use And Contaminate Substantial Water Resources and
Radioactive Wastewater Mixes With Brule and High Plains Aquifers and Moves in a
Slow-Moving Plume
B. ISL Mining
is NOT Environmentally Friendly; ISL Mining May Have Caused Health Impacts at
Pine Ridge Indian Reservation Closing 98 Wells
C. Prehistoric
Indian Camp Should Be Inspected by Tribal Elders and Leaders
D. Proposed Trucking of Radioactive Resin
Between CBR Facilities Creates Substantial Homeland Security Risk of Terrorist
Attack and presents great potential for highway accidents
resulting in spills or other resulting contamination of environment.
E. CBR Fails to Mention It is Foreign Owned by Cameco, Inc. So
All The Environmental Detriment and Adverse Health Impacts Are For Foreign
Profit and There Is No Assurance The CBR Mined Uranium Will Stay In US for
Power Generation and as a member of the Oglala (Lakota) Sioux Tribe on the Pine Ridge
Reservation in South Dakota did not have the opportunity for free, prior, and
informed consent according to the Declaration on the Rights of Indigenous
Peoples as passed by the General Assembly of the United Nations in September of
2007 to this mining operation other than this opportunity to file an
intervention for a hearing.
F. The Economic Benefits
Conferred by CBR on
Hearing
Procedures Requested Regarding Relevant Facts and Positions:
(1) CBR
is owned by Cameco, Inc., a Canadian corporation which purports to be the
largest Uranium producer in the World with operations in
(2) CBR
currently is using up to 9,000 gallons per minute, which equals 4.7 billion
gallons per year at its current operation and wants to use up another 4,500
gallons per minute, equal to 2.4 billion gallons per year for its North Trend
Expansion. Since the water quality
returned to the ‘restored’ aquifer is admitted by CBR to have changed
geochemistry and to be low-level radioactive, it should not be credited
with the amount of water returned to the aquifer in its restoration process
when it comes to evaluating water consumption.
Accordingly, its ‘net consumption’ numbers dramatically understate the
amount of water usage of CBR’s current and proposed operations.
(3) Foreign
owned CBR is using up and contaminating vital water supplies in a time of
drought for its profit to the detriment of the people, wildlife and land in
Crawford, NE, surrounding areas including Chadron, NE, and Pine Ridge Indian
Reservation and other users of the High Plains aquifer in Colorado, Kansas, New
Mexico, Oklahoma, South Dakota, Texas and Wyoming. Most of such persons are unaware of CBR’s
operations or Application.
(4) CBR
has admitted a spill of 300,000 gallons of radioactive liquid waste and has
publicly admitted failing to clean up one-third (1/3) of it, equal to 100,000
gallons of radioactive liquid waste. CBR has publicly admitted knowledge of a
one (1) gallon per hour leak into the Brule aquifer from a broken coupling that
existed for several years unnoticed resulting in an unknown amount of
contamination of at least 8,760 gallons per year for at least two years (as
reported in the Chadron Record, July 8, 1997. There are at least 23 reported leaks of
radioactive material from CBR’s existing operation. In Spring 1996, CBR admitted to a leak that
contaminated 25,000 sq. ft. of the Brule aquifer. This contradicts CBR’s
statements that they have operated without any environmental impacts and
indicates that CBR should not be allowed to expand.
(5) It
is believed there is a slow-moving radioactive plume of contaminated water
moving through the related aquifers.
CBR’s Application states that contaminants may enter the human body
through water and through ingestion of meat of livestock and/or fish or wild
game exposed to the contamination.
Contaminants include Radon-222, Thorium, Uranium and inorganic Arsenic.
(6) It
is believed that leaks of radioactive arsenic laden fluid into the Brule
aquifer from prior “Excursions” from CBR’s operations have slowly mixed with
the High Plains aquifer and/or the Arikaree aquifer due to connectivity between
the Brule aquifer and High Plains aquifer and Arikaree aquifer which runs under
Pine Ridge Indian Reservation. The High
Plains aquifer is depleting at a rate in excess of its recharge rate.
(7) It
is believed there is a relationship between the ninety-eight (98) closed wells
on the Western side of Pine Ridge Indian Reservation and certain incidences of
cancer, kidney disease, birth defects, miscarriages and infant brain seizures
on the Reservation which is downwind and downstream of CBR’s existing ISL
mining operation. Under the doctrine of Res Ipsa Loquitor, the burden of proof
shifts to CBR to show that its operations have no causal connection to the
contamination of the Pine Ridge water wells or the diseases of the people who
drank and bathed in that water.
(8) The
impacts of the North Trend mining to the health and environment of people and
wildlife relying on the High Plains aquifer and the Arikaree aquifer should be
evaluated as part of the Application.
(9) CBR’s
2.0-2.25 mile radius is inadequate; rather the entire 80km radius should be
used to evaluate the impacts of the North Trend mining to the health and
environment of people and wildlife who are admittedly downwind and/or
downstream of CBR’s current and proposed operations.
(10) There
is no assurance that Yellowcake Uranium products from the CBR operation goes to
US nuclear power plants and such Uranium may be sold by CBR’s Canadian parent
company to buyers in
(11) There
is no assurance that Yellowcake Uranium products from the CBR operation will
not be used for nuclear weapons of a foreign country or terrorists.
(12) Although
CBR’s Application discusses economic benefits in the immediate vicinity of its
facilities (i.e., Crawford, NE), CBR acknowledges that residents and wildlife
in at least an 80 Km radius, including Chadron, NE, Hot Springs, SD, and Pine
Ridge Indian Reservation and that none of such areas receive any economic
benefit from CBR’s activities.
(13) There
are at least 26
(14) CBR’s
Application mentions a prehistoric Indian camp found in the area proposed for
the North Trend expansion. CBR is not
qualified to make judgments about the significance of the Indian camp as an
archaeological find or significance to the Oglala Sioux people. Oglala Sioux elders should be consulted
concerning such prehistoric Indian camp.
Further, the planned ground disturbances will disturb ancient
archeological sites that may be covered by other federal law.
(15) The
proposed plan to truck radioactive material back and forth between the current
facility and the North Trend facility exposes the community to the substantial
risk of terrorist attack and/or criminal interference resulting in a release of
radioactive material – the equivalent of a “dirty bomb.” The truck will be unguarded.
Pursuant
to Section 2.310(d), Petitioner further requests that Subpart G Hearing
Procedures be applied under Section 2.700 et seq. because these
contentions necessitate resolution of issues of material fact relating to the
occurrence of past events, i.e., whether CBR disputes any of the Relevant Facts
stated above.
Intervention Requested:
Intervention
is requested in addition to a request for a hearing. If the petition for leave to intervene as a
matter of right is denied, then this request includes a request to be allowed
discretionary intervention under Section 2.309(d).
_____Service on Licensee
Applicant
A copy of this petition was mailed to:
Crow Butte
Resources, Inc.
Attn: Stephen P. Collings, President
Respectfully submitted,
November 12, 2007
Debra L White Plume, Member of the Oglala Sioux Tribe, on
Pine Ridge Indian Reservation in
(Print Name)
Exhibit A – Petitioner Standing attached
Exhibit B – Petitioner
Contentions attached
Exhibit A –
Requestor/Petitioner’s Standing
Name: OWE AKU (Bring Back The Way), Petitioner
Address: POB 325
Attn:
Debra White Plume, Executive Director
Telephone number: (605) 455-2155
Attn:
Debra White Plume, Executive Director
(a)
Petitioner is a non-governmental organization (NGO) which works to preserve and
revitalize the
(b)
Petitioner works to obtain environmental justice which includes our right to
fully protect our environment and all natural resources in our traditional
territories, reserves and reservations by applying, monitoring and enforcing
our own tribal-based environmental, historical, sacred areas, endangered
species and conservation laws.
(c)
Petitioner is based at Pine Ridge Indian Reservation which is downwind of the
proposed North Trend operation.
(d)
The
(2) The nature and extent of the
requestor's/petitioner's property, financial or other interest in the
proceeding is:
(a)
The
(3) The possible effect of any
decision or order that may be issued in the proceeding on the
requestor's/petitioner's interest is:
(a)
An approval of the amendment would be against the
(b)
An approval of the amendment would adversely affect Mother Earth and would be
disrespectful to Mother Earth.
(c) A denial of the amendment would
further the
Exhibit B – Petitioner’s Contentions
A. CBR’s Mining
Operations Use And Contaminate Substantial Water Resources and Radioactive
Wastewater Mixes With Brule and High Plains Aquifers and Moves in a Slow-Moving
Plume
(i)
CBR’s Uses 9,000
gallons per minute of pristine water and returns that amount of radioactive,
geochemically changed water to the Chadron aquifer. There is no basis to use a “net consumption”
number suggested by CBR of about 113 gpm because the water returned to the
aquifer is very different, namely it contains low-level radioactivity, from the
water removed by CBR from the aquifer.
(ii)
The basis for the
contentions is that several places in the Application and in other public
testimony (see, e.g., CBR Testimony at August 21, 2007 Nebraska Natural
Resources Committee Hearing) CBR gives a mis-impression that its water usage is
relatively nominal because it uses the fact that its ‘restoration’ meets NDEQ
regulations as grounds for not counting the full amount of CBR’s water usage.
(iii)
The issue is in the
scope of the proceeding because CBR seeks to use an additional 4,500 gpm, for a
total of $13,500 gpm, at a time when the aquifer is not recharging as fast as
it is being used and at a time of widespread drought.
(iv)
The issue is material
to the findings of the NRC which is required to determine whether CBR’s current
operation and proposed operation is in the best interests of the general
public; water usage is key to that determination.
(v)
Alleged Facts: The Relevant Facts are hereby incorporated by
reference. In addition, CBR’s water
usage is admitted by it to be 9,000 gpm at its current facility and 4,500 gpm at
North Trend. Petitioner believes there
is a slow-moving plume of radioactive water in the High Plains aquifer caused
by CBR’s current operation and which poses a health risk to the people who use
the High Plains aquifer in
(vi)
CBR’s Application
states that it returns the water to the aquifer in a changed state and omits to
state that the returned water is radioactive.
Application states that there is slow movement between fractures in
Brule aquifer and the High Plains aquifer.
Little is known about the White River Fault and how it may contribute to
fractures that allow for movement of radioactive water when Excursions occur.
Please see the following
citations to the Application (TR means Technical Report and ER means
Environmental Report) and points of contention:
ER 2.2 PROPOSED ACTION
Groundwater restoration will take place concurrently with development and production
activities. The goal of the groundwater restoration is to return the water quality of the
affected zone to a chemical quality consistent with baseline conditions or, as a secondary
goal, to the quality level specified by the Nebraska Department of Environmental Quality
(NDEQ).
** Contention: but CBR admits that this is
impossible because the mined wastewater is radioactive so NDEQ standards are
used to create a “restored” aquifer that is not really restored.
ER 5.4.1.3.2 Establishment of Restoration Goals
The baseline data
are used to establish the restoration standards for each mine unit.
As previously
noted, the primary goal of restoration is to return the mine unit to
preoperational water
quality condition on a mine unit average. Since
ISL operations
alter the groundwater geochemistry, it is
unlikely that restoration efforts will return
the groundwater to the precise water quality
that existed before operations.
Restoration goals
are established by NDEQ to ensure that, if baseline water quality is
not achievable
after diligent application of best practicable technology (BPT), the
groundwater is
suitable for any use for which it was suitable before mining. NRC
considers these NDEQ
restoration goals as the secondary goals.
** Contention: This shows that CBR knows that its
restoration efforts will not meet its proposed goals.
** Contention:
TR 2.2.2.2.1 omits to state that huge numbers of people rely on the
irrigated water for farms, pasture, habitat and/or rangeland and CBR only
considers 2.25 mile radius for this purpose when it should consider entire
radius of at least 80 Km or the radius involving the 174,000 sq. miles of the
High Plains aquifer. Application fails
to state that area is in the 8th year of a drought. Fails to state what impact earthquake would
have besides causing leaks of radioactive material into the water
supplies. Fails to state how risk of
earthquakes and tectonic shifts would be mitigated.
** Contention:
TR 2.2.3 states that Basal Chadron is not used for domestic supply in
the North Trend area but omits to state that water that mixes with Basal
Chadron and Brule aquifers is used by people and animals in the areas
surrounding the North Trend area.
TR 2.6.2.5
Based on data from the CSA, the vertical hydraulic
conductivity of the upper confining intervals at Crow Butte is less than
1.0x10-10 cm/sec.
***
Infrequent fine-to-medium-grained sandstone channels have
been observed in the lower part of the Brule Formation. When observed, these
sandstone channels have very limited lateral extent. The Brule-Chadron contact
is sometimes difficult to ascertain, as the contact between the two formations
is gradational and cannot be consistently picked in drill cuttings or electric
logs. Therefore, the Upper Chadron/Lower Brule may be considered a single
confining interval.
ER 3.4.3.1 Regional Groundwater Hydrology
Souder indicates that the Brule is a tight formation with a minimal hydraulic conductivity
of less than 25 feet/day, although in a few areas there may be a significant saturated
thickness, presumably where sandier intervals are present. The Chadron is described as
consisting of claystones with extensive volcanic ash that is tight with low hydraulic
conductivity comparable to the Brule, except where fractured, although the coarse Basal
Chadron Sandstone is present at the bottom of the
formation. The
Souders (2004) as a dark grey, bentonitic shale that is "very tight and is not considered to
hold any extractable groundwater" except where fractured. Fractures may increase Brule
and Chadron permeability in localized areas (Souders, 2004). It is noted that CBR
operations in the CSA to date do not support evidence of
fracturing in the
degree such that it would impact the designation of the
below the Basal Chadron Sandstone.
** Contention: CBR says that the Brule formation does
conduct water; 25 ft/day; and there may be more saturated areas; and that it
can be fractured (e.g., by the observed tectonic movements or earthquakes, and
that upon fracturing, they would no longer serve as a lower confining unit –
CBR has evidence of fracturing but has made a judgment that it would not impact
the designation of the Pierre as a lower confining unit below the Basal Chadron
Sandstone – this is in contention.
ER 3.4.3.2 North Trend Area Groundwater Hydrology
In the upper part of the Brule Formation, sandstones and sandy siltstones are present
which locally may be water bearing. However, these sandstones, siltstones, and clay
stringers are difficult to correlate over any large distance, and are discontinuous lenses
rather than laterally continuous strata. In the North Trend Area, private water wells are
completed in this interval (see Section 3.4.1), and it is therefore the uppermost aquifer
above the mined interval.
Figures 3.4-15 through 3.4-18 present the location of all groundwater wells in the North
Trend Expansion Area, as well as potentiometric surfaces for the Brule, Basal Chadron
Sandstone, and Middle Chadron sand, measured in February, 2007. As shown on these
maps, local groundwater flow within the Basal Chadron is to the east, with a gradient of
0.0016 ft/ft (8.5 ft/mile). Based on only four data points, flow in the Brule is to the
east/northeast at 0.005 ft/ft (26.4 ft/mile).
** Contention: This shows that CBR knows about water
movement – and should know about movement of radioactive water amongst the aquifers.
ER 3.4.3.3 Aquifer Testing and Hydraulic Parameter
Identification
The Production Zone in North Trend is the Basal Chadron Sandstone. The majority of the
wells monitored during this test were completed in the Basal Chadron. The exact
definition of the "overlying aquifer" at North Trend is somewhat difficult to determine.
As such, to assess hydrogeologic isolation between the Production Zone and the
overlying sands, overlying monitor wells were installed in both a Mid/Upper Chadron
sand and a sandy clay within the base of the shallow Brule Formation. Because the
production zone (Basal Chadron sand) is underlain by the Pierre Shale, no underlying
monitoring wells were installed.
***
The test results demonstrate: " The Basal Chadron monitor wells are in communication with the Basal Chadron Production Zone throughout the North Trend test area;
[The Basal Chadron Sandstone has been adequately characterized with respect to
hydrogeologic conditions within the majority of the proposed North Trend
Expansion Area;
" Adequate confinement exists between the Basal
Chadron sand Production Zone
and the overlying Mid/Upper Chadron sand, and the
overlying Brule Formation
throughout the central portion of Section 27 of the
proposed North Trend
Expansion Area; and, (emphasis added)
o While additional future testing will be necessary prior to mining in part of the
proposed license area, the 2006 testing is sufficient to proceed with Class III
permitting and NRC licensing for North Trend.
** Contention: Petitioner does not believe that adequate
confinement exists in light of admitted conductivity between the Brule
formation and High Plains aquifer.
ER 3.4.4 Surface Water and Groundwater Quality
CBR believes that integrity problems with the Chadron well casing may have had an impact on the water quality in the Brule well. The Chadron well has since been plugged and abandoned. It is noted that gross alpha and beta analyses were not performed because uranium and radium were the anticipated compounds and were thus specifically included on the analyte list.
** Contention:
– CBR admits that failures with its Chadron well casing caused increased
Uranium and Radium-226 in the Brule well.
This shows contamination of the Brule which flows unconfined with the
High Plains aquifer.
ER Table 3.4-15:
Laboratory Analysis Report - Brule Well W-78
** Contention: shows arsenic in Brule rising from .005, to
.006, to .007 in a few months in 1997 – this is from the existing ISL mining
operation which had a large spill in 1997.
TR 2.6.2.7 - North Trend Structure
Therefore, based on the data available to date and
presented herein, it is possible that the referenced structural feature is a
fault at depth, movement along which is expressed upsection in the Pierre,
Chadron and Brule as a fold (e.g., a monocline), as discussed below.
***
In summary, current data suggest that the White River Fault may be present at depth and
movement along this feature impacted the deposition of the Middle/Upper Chadron.
However, data do not clearly require that this fault transect the Middle/Upper Chadron or
Brule, and mapped data suggest that movement along the structure occurred during
deposition of the Chadron/Brule via uplift of a monocline or fold in this area. Crow
the feature before commencing mining operations.
ER 4.3.1 Geologic Impacts
If the
potentially could impact activity related to the fault and the transmissive characteristics of
the fault (e.g., resistance to flow). There are numerous documented cases where injection
in the immediate vicinity of a fault has caused an increase in seismic activity. However,
such response typically occurs when injection operations have increased the pressure in
the aquifer by a significant amount (e.g., 40 to 200 percent pressure increase over initial
conditions). The pressure in the Basal Chadron will be
increased by localized scale by
injection operations during mining and restoration operations, and will be more than
offset by production
within each wellfield pattern.
ER 3.4.6 CONCEPTUAL MODELING OF SITE HYDROLOGY
Regional data regarding flow in the Basal Chadron are limited. Based on those data, the
structural feature does not appear to dramatically impact flow in the Basal Chadron
Sandstone. Additional investigations to be conducted
during development of North Trend are expected to provide detailed information
regarding the impact of this feature on regional and local flow in the Basal
Chadron.
** Contention:
This shows that CBR really doesn’t know whether the
ER 4.3.1 – water and wind erosion
are concerns at the North Trend site.
** Contention:
Since wind and water erosion are concerns, the importance of evaluating
climate change is indicated.
ER 1.1.3 Operating Plans, Design Throughput, and Production
The current Crow Butte Plant is licensed for a flow rate
of 5,000 gallons per minute, excluding restoration flow, under SUA-1534…The
North Trend satellite plant will operate at a flow rate of 4,500 gpm with an
expected annual production rate of 500,000 to 600,000 pounds U30 8.
** Contention:
the current plant is now licensed for 9,000 gpm; restoration flow should always
be excluded when discussing water usage because radioactive water is not equal
to pristine water.
ER 3.4.5 WATER USE INFORMATION
As discussed previously in Section 3.4.1, local water use
is very limited. Isolated household
wells are completed in the Brule Formation, and the city of
** Contention:
– this omits information about local water use in the nearby towns and farms
beyond the 2 mi radius; the moving radioactive plume affects people throughout
the related aquifers due to underground water movement which is slow but
meaningful.
ER 4.4.3.1 Groundwater Consumption
The application states that water levels in the City of Crawford (approximately three miles northwest of the mining area) could potentially be impacted by approximately 20 feet by consumptive withdrawal of water from the Basal Chadron Sandstone during mining and restoration operations (based on a 20-year operational period).
A similar order of magnitude impact (drawdown) likely exists for the North Trend
operations. No impact to other users of groundwater is expected because: (1) there is no
documented existing use of the Basal Chadron in the proposed North Trend expansion
area; and, (2) the potentiometric head of the Basal Chadron Sandstone in the North Trend
expansion area ranges from approximately 10 to more than 50 feet above ground surface.
** Contention:
CBR currently uses 9,000 gpm and plans to use an additional 4,500 gpm
which results in a much greater withdrawal of water than the “consumptive
withdrawal” discussed above which counts radioactive wastewater as being
returned for purposes of calculating consumption. Petitioner submits that just because the water
meets NDEQ guidelines for being considered “restored” does not mean that the
water has not been consumed for purposes of discussing water consumption. The returned water is geochemically different
and contains high levels of arsenic and continues to have higher than natural
concentrations of radioactivity.
B. ISL Mining
is NOT Environmentally Friendly; ISL Mining May Have Caused Health Impacts at
Pine Ridge Indian Reservation Closing 98 Wells
(i)
CBR claims throughout
the Application and in public testimony that it’s ISL mining process is proven
and environmentally friendly.
(ii)
The basis for the
contentions is that CBR gives a mis-impression that its operations are
environmentally friendly when there are at least 23 reported incidences of
spills at its current facility and reports of excursions of radioactive
wastewater into the Brule aquifer which does mix with the High Plains aquifer.
(iii)
The issue is in the
scope of the proceeding because CBR seeks to expand its operations on the basis
that it is a less harmful alternative to open pit uranium mining but CBR fails
to take responsibility for environmental damage caused by its form of ISL
mining.
(iv)
The issue is material
to the findings of the NRC which is required to determine whether CBR’s current
operation and proposed operation is in the best interests of the general
public; environmental safety is key to that determination.
(v)
Alleged Facts: The Relevant Facts are hereby incorporated by
reference. In addition, CBR is
responsible for several leaks including a 300,000 gallon leak of which only
200,000 gallons was cleaned up, a 25,000 sq. ft. contamination and a two year
long coupling leak of at least one (1) gallon per hour of radioactive
waste. These leaks migrated and may have
caused the contamination of 98 water wells on Pine Ridge Indian Reservation.
(vi)
CBR’s Application
states that it believes that its operations results in minimal short term
impacts and no long term impacts and Petitioner believes that its operations
result in major short term and long term adverse impacts.
Please see the following citations
to the Application (TR means Technical Report and ER means Environmental
Report) and points of contention:
TR 1.2 – “Production of
uranium has been maintained at design quantities throughout that period with no
adverse environmental impacts.”
TR 1.5.2 – CBR believes that the current commercial project, including the successful restoration of groundwater in Mine Unit 1, demonstrates that such a program can be implemented with minimal short-term environmental impacts and with no significant risk to the public health or safety. The remainder of this application describes the Mining and Reclamation Plans for this project and the concurrent environmental monitoring programs employed to ensure that any impact to the environment or public is minimal.
ER 5.4.1.3.2 Establishment of Restoration Goals
The baseline data
are used to establish the restoration standards for each mine unit. As
previously noted, the primary goal of restoration is to return the mine unit to
preoperational water quality condition on a mine unit average. Since ISL operations alter the groundwater
geochemistry, it is unlikely that restoration efforts will return the
groundwater to the precise water quality that existed before operations.
(emphasis added.)
ER 4.4.3.2 Impacts on Groundwater Quality
In addition to uranium, other metals will mobilize by the mining process. This process affects the mining zone, which must be exempted from Clean Water Act protections by the NDEQ and the EPA under the aquifer exemption provisions of the State and Federal UIC regulations.
Excursions represent a potential effect on the adjacent groundwater as a result of
operations. During production, injection of the lixiviant into the wellfield results in a
temporary degradation of water quality in the exempted aquifer compared to pre-mining
conditions. Movement of this water out of the wellfield results in an excursion.
Excursions of contaminated groundwater in a wellfield can result from an improper
balance between injection and recovery rates, undetected high permeability strata or
geologic faults, improperly abandoned exploration drill holes, discontinuity and
unsuitability of the confining units which allow movement of the lixiviant out of the ore
zone, poor well integrity, and hydrofracturing of the ore zone or surrounding units.
To date, there have been several confirmed horizontal excursions in the Chadron
sandstone in the current license area. These excursions were quickly detected and
recovered through overproduction in the immediate vicinity of the excursion. In all but
one case, the reported vertical excursions were actually due to natural seasonal
fluctuations in Brule groundwater quality and very stringent upper control limits (UCLs).
In no case did the excursions threaten the water quality of an underground source of
drinking water since the monitor wells are located well within the aquifer exemption area
approved by the EPA and the NDEQ. Table 4.4-1 provides a summary of excursions
reported for the current license area.
** Contention:
CBR’s excursions call into question its claim to have only a minimal impact on
the environment. In addition, CBR must
do climate change analysis due to the impact of rains and flooding on the
safety of its operations. For example,
heavy rains pushed water table up to high levels and caused Excursions in 2005
on two occasions in June and July 2005 due to spring rains
(unrelated to mining activities).
6.3 ECOLOGICAL
MONITORING
CBR does not perform any ecological monitoring at the current licensed operation. Based
on the discussion concerning ecological impacts in Section 4.5, CBR does not propose to
perform any ecological monitoring for the North Trend
Expansion Area.
ER 2.5.1 Cumulative Radiological Impacts
Crow Butte Resources believes that the only environmental impact from approval of the
increased flow rate at the current operation would be a corresponding increase in the
emission of radon-222 from the current operation. The amendment request estimated a 22
percent increase in the maximum public dose were the increased
flow approved….
NRC staff are currently (March 2007) reviewing the flow increase license amendment
request. This is a separate licensing action that could have a cumulative effect with the
North Trend Amendment Request, if approved by NRC.
** Contention: The above-referenced amendment to
increase flow was approved causing a cumulative increase of more than 22% of
Radon-222. The Application should state
the currently effective increases in Radon-222.
TR 2.2.3 Water Use – The North
Trend area drains into the
ER 3.5.7 Aquatic Resources
The
ER 4.5.10 Fish and Macroinvertebrates
Suitable habitat for fish and macroinvertebrates exists within portions of Spring Creek
and the
ER 3.4.1 - In summary,
there is no domestic groundwater use of the Basal Chadron Sandstone within the
North Trend Expansion Area. Two residences are supplied by wells completed in
the Brule Formation. Based on population projections (see Section 3.10), future
water use within the North Trend Expansion Area and the 2.0-mile review area
likely will be a continuation of present use. It is unlikely that any
irrigation development will occur within the license area due to the limited
water supplies, topography, and climate. Irrigation within the review area is
anticipated to be consistent with the past (e.g., limited irrigation in the
immediate vicinity of the
** Contention:
CBR fails to consider climate change, drought conditions and that
Crawford’s water supply comes from the White River and the North Trend project
drains into the
TR 2.4.1 – states that Harvey Whitewoman of the Oglala Sioux called before the follow up calls were begun to ask what effect the proposed project might have on water quality.
** Contention: No one answered the questions of Harvey White
Woman of the Oglala Sioux Tribe concerning the impact on the water quality.
TR 2.3.3 Environmental Justice
No adverse environmental impacts would occur to the population within the PSA from proposed Project activities; therefore there would be no disproportionate adverse impact to populations living below the poverty level in these Block Groups.
ER 3.11.1.2 Potential Declines in Groundwater Quality
To date, there have been several confirmed horizontal excursions in the Chadron
sandstone in the current license area. These excursions were quickly detected and
recovered through overproduction in the immediate vicinity of the excursion. In all but
one case, the reported vertical excursions were actually due to natural seasonal
fluctuations in Brule groundwater quality and very stringent upper control limits (UCLs).
In no case did the excursions threaten the water quality of an underground source of
drinking water (USDW) since the monitor wells are located well within the aquifer
exemption area approved by the EPA and the NDEQ. Table 3.11-1 provides a summary
of excursions reported for the current license area.
The long term impacts on groundwater quality should also be minimal, as restoration
activities have been shown to be successful in returning the groundwater quality to
background or class of use standards. Additionally, there is no mechanism in EPA or
NDEQ regulations to "unexempt" an aquifer. Therefore, the groundwater in the
immediate mining area will never be used as a USDW. The primary purpose for
restoration is to ensure that postmining conditions do not
affect adjacent USDWs.
** Contention: Petitioner does not agree. The long term impacts on groundwater quality
are major – restoration activities are not the same as returning the water to
non-radioactive condition because of movement of the radioactive material – how
do we know that these excursions didn’t affect any drinking water? What about water that feeds grass that is
eaten by deer and other wildlife?
ER Table 3.11-1: Excursion
Summary lists 6 excursions of mining solution into the water table, one surface
leak and problems with a high water table due to heavy spring rains (which
would likely worsen due to climate change).
ER 4.4.3.3 Potential Groundwater Impacts from Accidents
Groundwater quality could potentially be impacted during operations due to an accident
such as evaporation pond leakage or failure, or an uncontrolled release of process liquids
due to a wellfield accident. If there should be an uncontrolled pond leak or wellfield
accident, potential contamination of the shallow aquifer (Brule), as well as surrounding
soil, could occur. This could occur as a result of a slow leak or a catastrophic failure, a
shallow excursion, an overflow due to excess production or restoration flow, or due to the
addition of excessive rainwater or runoff.
Over the course of the current licensed operation, CBR has experienced several leaks
associated with the inner pond liner on the commercial
evaporation ponds. These small
leaks are virtually
unavoidable since the liners are exposed to the elements. (emphasis added.)
** Contention:
CBR’s admission that leaks of radioactive material are unavoidable means
they cannot be considered an environmentally friendly operation.
** Contention: TR 2.5.1, 2.5.3 fail to account for climate
change and current drought conditions.
TR 2.5.5 – Winds
As shown by the
wind rose for the license area in Figure 2.5-3, the predominant air pollutant dispersion would be towards the
north to northeast. The next most common directions would be towards the
southwest to south-southwest.
TR 2.6.2.8 Conclusions-
Site Geology and Confining Strata
These two analyses would indicate the presence of clay
minerals with very fine grain sizes. Size distribution analyses of these beds verify
that the material is quite fine grained.
These two facts indicate that both the upper and lower
confinement are significantly less permeable than the ore zone and essentially
impermeable. Further, core and hydrologic data from the CSA indicate that the
vertical hydraulic conductivity of the confining shales and clays overlying and
underlying the Basal Chadron Sandstone are on the order of 10-10 cmlsec, or
lower. The geologic information presented in this application clearly
demonstrates the lateral continuity of the overlying and underlying confining
zones on both regional and local scales, as well as the lateral occurrence and
distribution of the Basal Chadron Sandstone mined interval.
** Contention: This shows conductivity between aquifers
which means there is slow movement between radioactive material deposited in
the Brule aquifer and the Chadron aquifer which has been mined.
ER 1.3.2.5.2 Liquid Waste Disposal
Two methods of disposal are proposed for the North Trend Satellite Facility:
Deep Disposal Well CBR has operated the deep disposal well at the current license area for over ten years with excellent results and no serious compliance issues. CBR expects that the liquid waste stream at the North Trend Satellite Facility will be chemically and radiologically similar to the waste disposed of in the current deep disposal well.
** Contention: CBR has admitted a one gallon per
hour leak from a coupling for two years and has admitted that it had one or
more excursions from its disposal well.
See Relevant Facts.
ER 3.11.2.1
Exposures from water pathways
The solutions in
the mining zone are controlled and adequately monitored to insure that
migration does not
occur. The overlying aquifers will also be monitored.
Three commercial
evaporation ponds located approximately 2000 feet from the
current plant
building have been constructed for commercial operation. There are also two
R&D evaporation ponds located approximately 1,000 feet from the plant
building. The R&D evaporation ponds have a 34-mil Hypalon liner and a leak
detection
system. The
commercial evaporation ponds are lined with double impermeable synthetic
liners. The ponds,
therefore, are not considered a source of liquid radioactive effluents.
There is a leak
detection system installed to provide a warning if the liner develops a leak.
The Crow Butte
Plant is located on a curbed concrete pad to prevent any liquids from
entering the
environment. Solutions used to wash down equipment drain to a sump and are
pumped to the ponds. The pad is of sufficient size to contain the contents of
the largest tank in the event of its rupture. Since there are no routine liquid
discharges of process water from the Crow Butte Central Plant, there are no
definable water related pathways.
ER 3.11.2.2
Exposures from Air Pathways
The only source of
radioactive emissions from the current operation is radon released into
the atmosphere
through the plant ventilation systems or from the wellfields. This radon
release results in
radiation exposure via the inhalation, ingestion, and external exposure
pathways. The
total effective dose equivalent (TEDE) to nearby residents in the region
around the Crow
Butte Project was estimated in the 1995 License Renewal Application by using
the computer simulation, MILDOS-Area. The joint frequency data compiled from a
site-specific meteorological station were used to define the atmospheric
conditions in the project area.
Based on the site
specific data and method of estimation of the source term, the emission
rate of radon-222
from the Crow Butte Project was estimated at 5,937 Curies/yr for a flow of
5,000 gpm in the upflow ion exchange columns in the existing plant. In order to
show compliance with the annual dose limit found in 10 CFR §20.1301, CBR
demonstrated by calculation that the total effective dose equivalent (TEDE) to
the individual most likely to receive the highest dose from the current
licensed operation was less than 100 mrem per year. The dose to the most
effected resident was 23.2 mrem/yr (0.232 mSv/yr) or 23.2% of 100 mrern/yr dose
constraint.
** Contention:
Petitioner submits that these dosage amounts are now doubled by the existing
increase in upflow to 9,000 gpm and should be recalculated since it results in
increased Radon-222 emissions.
ER Figure 4.12-1 – Human Exposure Pathways for Known and Potential Sources from North Trend
likely to receive the highest dose from the North Trend satellite operation is less than 100
mrem per year. The results of the MILDOS-Area simulation
are presented in Table 4.12-1.
** Contention: -
Shows ingestion of meat, air, dust, water would cause health impacts to the
residents of the area with an 80 Km radius from the site. Petitioner contends that there is no such thing
as a safe low dose of radiation and that cumulative effects of these
contaminations causes adverse health impacts.
C. Prehistoric
Indian Camp Should Be Inspected by Tribal Elders and Leaders
(i)
CBR notes that it has
discovered a prehistoric Indian camp in the North Trend area.
(ii)
The basis for the
contentions is that CBR made a decision it was not authorized to make; to wit:
that the prehistoric Indian site and nearby artifacts are not significant.
(iii)
The issue is in the
scope of the proceeding because CBR seeks to expand its operations on the basis
the planned ground disturbances.
(iv)
The issue is material
to the findings of the NRC which is required to determine whether CBR’s current
operation and proposed operation is in the best interests of the general public;
respect for Indian artifacts is key to that determination.
(v)
Alleged Facts: The Relevant Facts are hereby incorporated by
reference. In addition, as noted below,
CBR has identified a prehistoric Indian camp at the North Trend site.
(vi)
CBR’s Application states
that it believes that the prehistoric Indian camp is not significant but it has
not basis, expert or otherwise, to reach that conclusion.
Please see the following
citations to the Application (TR means Technical Report and ER means
Environmental Report) and points of contention:
TR 2.4.1 Historic, Archeological, and Cultural Resources
Two sites, one historic (25DW501) and one prehistoric (25DW73), in the
general vicinity were identified in the archeological site search. The historic site is the
ruins of the Hall Brothers Mill near the southeast edge of the Expansion Area along the
Expansion Area. Information on the prehistoric site is scanty. Both of these sites were
reported as being outside the assessment area.
ER 3.8 HISTORIC AND CULTURAL RESOURCES
Previous cultural resource investigations in the general area surrounding Crawford indicate that a variety of prehistoric and historic resources of potential significance exist in the vicinity. Resources include the Hudson-Meng prehistoric bison kill to the north of the area, several prehistoric camps and artifact scatters in the general areas, fur-trade period sites associated with the early history of Chadron, Fort Robinson to the west of Crawford, the Sidney-Deadwood Trail, the two historic railroads that cross where the town of Crawford emerged, and the town of Crawford itself. There has been extensive farming around Crawford, which may have disturbed many earlier sites, but has also created historic farming sites and features.
The proposed North Trend Expansion Area is on private
lands north of the town of
On April 30, 2004 letters identifying the nature and location of the proposed project were
sent to the Nebraska Commission on Indian Affairs and the following 13 tribes: the Apache Tribe of Oklahoma; the Cheyenne River Sioux Tribe; the Cheyenne and Arapaho Tribes of Oklahoma; the Crow Creek Sioux Tribe; the Crow Nation; the Kiowa Tribe of Oklahoma; the Lower Brule Sioux Tribe; the Northern Arapaho Tribe; the Northern Cheyenne Tribe; the Oglala Sioux Tribe; the Pawnee Nation of Oklahoma; the Rosebud Sioux Tribe; and the Standing Rock Sioux Tribe. Follow up telephone calls were made in June to verify that the information had reached the appropriate persons in each tribe and to ask whether the tribes had any concerns about the project or were aware of any traditional concerns in the immediate vicinity of the project.
Harvey Whitewoman of the Oglala Sioux called before the follow up calls were begun to ask what effect the proposed project might have on water quality. No other tribal concerns were identified.
As discussed in Section 3.8, an archaeological review area was surveyed for the presence
of cultural resources that may be impacted by the proposed mine development. Three
historic sites and three isolated prehistoric artifacts were located and identified. The
historic sites are the ruins of an abandoned farm complex (25DW296), an occupied farm
complex (25DW297), and a refuse disposal area (25DW298). The individual artifacts are
an early historic (1860's to 1870's) metal trade point (25DW299), a chert core
(25DW300), and a Plains Archaic chert point fragment (25DW301). These resources are
not likely to yield information important in prehistory or history and are considered not
eligible for the National Register of Historic Places. Because these resources are
considered not eligible, they are not historic properties. The proposed North Trend
Expansion Area will have no effect on historic properties, and no further cultural resource
work is recommended. The Nebraska State Historical Preservation Officer (SHPO) has
concurred that the reported resources are not eligible for the National Register of Historic
Places and that the proposed project will not affect archaeological, architectural, or
historic context properties (Steinacher and Puschendorf, 2006).
** Contention: Petitioner submits that CBR is not qualified
to make any determinations concerning the significance of the prehistoric
Indian camp found at the North Trend site.
Oglala Sioux elders and leaders should be consulted immediately before
any further action is taken that might interfere with the archeological value
of the prehistoric Indian camp
D. Proposed Trucking of Radioactive Resin
Between CBR Facilities Creates Substantial Homeland Security Risk of Terrorist
Attack and Presents the Risk of Contamination to the Public and the Environment
in the Event of Accidents and Spills.
(i)
CBR notes that it has
plans to have one truckload per day carry radioactive resin from the North
Trend site to the current facility for processing and then one truckload per
day is planned to carry the resin back to North Trend. These truckloads will be unguarded
radioactive waste.
(ii)
The basis for the
contentions is that CBR is planning to transport radioactive material on public
highways on a regular basis on a fixed route.
This makes the radioactive material a potential target for terrorist attack
which would create a “dirty bomb” threat and a risk to the environment and the
public at large in the event of accidents or spills.
(iii)
The issue is in the
scope of the proceeding because CBR seeks to change its manner of operation by
dramatically increasing the public exposure of radioactive materials through
daily trucking of such material on fixed routes in a discrete location. CBR fails to describe in its Application the
threat to Homeland Security or the potential threat to the environment and the
public at large in the event of traffic accidents or spills.
(iv)
The issue is material
to the findings of the NRC which is required to determine whether CBR’s current
operation and proposed operation is in the best interests of the general
public; respect for Homeland Security and protection of the public and the
environment from contamination in the event of traffic accidents or spills are key
to that determination.
(v)
Alleged Facts: The Relevant Facts are hereby incorporated by
reference. In addition, as noted below,
CBR plans to have regular transportation of radioactive waste which is
unguarded and subject to theft or terrorist attack.
(vi)
CBR’s Application
states that it believes that its current practices cover this potential threat
without any analysis or consideration of the terrorist threat or threat to the
environment or the public in the event of traffic accidents or spills.
Please see the following
citations to the Application (TR means Technical Report and ER means
Environmental Report) and points of contention:
ER 1.3.2 Description of Proposed Facility
The ion exchange processes at the satellite facility serve
to recover the uranium from the leach solution in a form (loaded ion exchange
resin) that is relatively safe and simple to transport by tanker truck to the
central plant for elution and further processing of recovered uranium.
Regenerated resin is then transported back to the satellite facility for reuse
in the ion exchange circuit.
ER 4.6 - The distance from the satellite plant to the Crow Butte Central Plant is 8.1 miles of which 7.1 miles are on dirt or trail roads. Assuming a conservative 2 trips per day for resin transfer.
** Contention: CBR’s failure to consider Homeland Security
risks and the threat to the environment and the general public associated with
the daily trucking of radioactive material between North Trend and the current
facility shows the falsity of CBR’s conclusion that it is “relatively safe and
simple” to transport the resin.
E. CBR Fails to Mention It is Foreign Owned
by Cameco, Inc. So All The Environmental Detriment and Adverse Health Impacts
Are For Foreign Profit and There Is No Assurance The CBR Mined Uranium Will
Stay In US for Power Generation
(i)
CBR fails to mention
in the Application that it was acquired in 2000 by a Canadian corporation named
Cameco.
(ii)
The basis for the
contentions is that CBR has omitted references to foreign ownership in order to
give the mis-impression that CBR’s Uranium mining operations are somehow
profitable to US interests when in fact they are profitable to Canadian and
other foreign interests to the detriment to US persons’ health and safety.
(iii)
The issue is in the
scope of the proceeding because CBR seeks to expand its operations on the basis
that the Uranium it produces is needed to fulfill
(iv)
The issue is material
to the findings of the NRC which is required to determine whether CBR’s current
operation and proposed operation is in the best interests of the
(v)
Alleged Facts: The Relevant Facts are hereby incorporated by
reference. In addition, as noted below,
CBR has described its ownership history to omit the 2000 acquisition of CBR by
Cameco.
(vi)
CBR’s Application
states that its history without reference to Cameco and gives the impression
that CBR’s operations are for the profit of US interests when they are clearly
for the profit of foreign interests.
Please see the following
citations to the Application (TR means Technical Report and ER means
Environmental Report) and points of contention:
TR 5 OPERATIONS
Crow Butte Resources, Inc. (CBR) operates a commercial scale in-situ leach uranium
mine (the Crow Butte Uranium Project) near
CBR testified in the Nebraska NRC Hearing that it is
wholly owned by Cameco, Inc. (www.cameco.com)
which lists CBR as one of its assets together with operations in
ER 1.1.1 Crow
The original development of what is now the Crow Butte Uranium Project was performed
by Wyoming Fuel Corporation, which constructed a research and development (R&D)
facility in 1986. The project was subsequently acquired and operated by Ferret
Exploration Company of
Butte Resources, Inc. (CBR). This change was only a name change and not an ownership
change. CBR is the owner and operator of the Crow Butte
Project.
** Contention: CBR is owned by Cameco since 2000. Cameco also runs operations in Canada and Kazahstan
and which sells Uranium products to other non-US buyers which may include
China, India, Pakistan, North Korea and possibly Iran unless there are Canadian
regulations which restrict such sales.
ER 1.2 & ER 2.1.2 - In addition to leaving a large deposit of valuable mineral resources untapped, failure to develop the North Trend Expansion Area would result in the loss of a large investment in time and money made by CBR for the rights to and the development of these valuable deposits. Denial of the amendment request would also have an adverse economic effect on the individuals that own the mineral rights in the North Trend Expansion Area.
ER 1.2 & 2.1.2 - The Crow Butte Project (including the North Trend Area) represents an
important source of new domestic uranium supplies that are essential to provide a
continuing source of fuiel to power generation facilities.
** Contention: It is material that CBR is owned by a
Canadian company that will make profits or lose on its investments. Petitioner submits that we, as US persons,
care less about the profits of a Canadian company than for the health and
safety of our environment. The
Application makes no reference to the chain of possession of this nuclear
source material or who the buyers are and where it may end up or how it may be
ultimately used.
F. The
Economic Benefits Conferred by CBR on Crawford, NE are Not Shared By Other
Communities That Bear Burdens Downwind and Downstream Like Chadron, Slim
Buttes, Pine Ridge Indian Reservation and Hot Springs, SD.
(i)
CBR fails to mention
that the limited economic benefits conferred by CBR to Crawford, NE and Dawes
County, NE, are not shared with other communities that bear the environmental
and health costs of the mine such as Chadron, NE, Slim Buttes, Pine Ridge
Indian Reservation, and Hot Springs, SD.
(ii)
The basis for the
contentions is that CBR argues that its economic contributions should be
balanced against the environmental costs but only provides a comparison that
includes economic benefits conferred on a small percentage of the people
affected by the environmental pollution.
(iii)
The issue is in the
scope of the proceeding because CBR seeks action on the basis that its economic
contributions justify its environmental burdens.
(iv)
The issue is material
to the findings of the NRC which is required to determine whether CBR’s current
operation and proposed operation is in the best interests of the general
public; understanding the disproportionate allocation of CBR’s benefits
compared to the distribution of the environmental burdens is key to that
determination.
(v)
Alleged Facts: The Relevant Facts are hereby incorporated by
reference. In addition, as noted below,
CBR has described the affected area of 80 Km and has described economic benefits
conferred only on
(vi)
CBR’s Application
states that the economics are estimated and that the burdens include surface
water, groundwater, air and soil contamination.
Please see the following
citations to the Application (TR means Technical Report and ER means
Environmental Report) and points of contention:
ER Table 2-1 shows economic impacts to
ER 3. 10. 1.1 Regional Population
In general, population trends for the last decade show
that population in urban areas is increasing, while population in rural areas
is declining. Areas within 80 km of the project site that are defined as urban
(all territory, population, and housing units in urbanized areas and in places
of more than 2,500 persons outside of urbanized areas) by the U.S. Census 2000
are the cities of Chadron in Nebraska, and Hot Springs and Pine Ridge in South
Dakota.
ER 4.10 SOCIOECONOMIC IMPACTS
Monetary benefits accrue to the community from the presence of the Crow Butte Project.
Against these monetary benefits are the monetary costs to the communities involved,
such as those for new or expanded schools and other community services. While it is not
possible to arrive at an exact numerical balance between these benefits and costs for any
one community, or for the project, because of the ability of the community and possibly
the project to alter the benefits and costs, this section summarizes the expected
incremental economic impacts from operation of the proposed North Trend Satellite
Facility.
7.3 THlE BENEFIT COST SUMMARY
The benefit-cost summary for a fuel-cycle facility such as the Crow Butte Project
involves comparing the societal benefit of a constant U30 8 supply (ultimately providing
energy) against possible local environmental costs for which there is no directly related
compensation. For this project, there are basically three of these potentially
uncompensated environmental costs:
" Groundwater impact;
" Radiological impact; and,
" Disturbance of the land.
The groundwater impact is considered to be temporary in nature, as restoration activities
will restore the groundwater to a pre-rnining quality. The successful restoration of
groundwater during the research and development (R&D) project and the commercial
restoration of Mine Unit 1 have demonstrated that the restoration process can meet this
criterion successfully.
The radiological impacts of the current and proposed project are small, with all
radioactive wastes being transported and disposed of off-site. Radiological impacts to air
and water are also minimal. Extensive on-going environmental monitoring of air, water,
and vegetation has shown no appreciable impact to the environment from the Crow Butte
Project.
** Contention:
– Petitioner submits that the impacts of contamination are major and permanent
in nature. Petitioner also submits that
the additional costs of nuclear power includes the proper disposal of fuel rod
waste and that the use of depleted uranium causes cancer in innocent civilians
and our troops when used in conflicts abroad and on US based gunnery
ranges. These costs should be included
in the Cost-Benefit analysis.