[Federal Register Volume 60, Number 36 (Thursday, February 23, 1995)]
[Notices]
[Pages 10069-10072]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-4428]
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DEPARTMENT OF ENERGY
Finding of No Significant Impact Proposed Remedial Action at Two
Uranium Processing Sites Near Slick Rock, CO
AGENCY: Department of Energy.
ACTION: Finding of no significant impact.
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SUMMARY: The U.S. Department of Energy (DOE) has prepared an
environmental assessment (EA) (DOE/EA-0339) of the proposed remedial
action at two uranium processing sites near Slick Rock in San Miguel
County, Colorado. These sites contain radioactively contaminated
materials that would be removed and stabilized at a remote location.
Based on the information and analyses in the EA, the DOE has determined
that the proposed action does not constitute a major Federal action
significantly affecting the quality of the human environment within the
meaning of the National Environmental Policy Act (NEPA) of 1969 (42
U.S.C. 4321 et seq.), as amended. Therefore, preparation of an
environmental impact statement is not required, and the DOE is issuing
this Finding of No Significant Impact (FONSI).
ADDRESSES: Single copies of the ea are available from: Charles Cormier,
Uranium Mill Tailings Remedial Action Acting Project Manager, U.S.
Department of Energy, Uranium Mill Tailings Remedial Action Project
Office, 2155 Louisiana NE, Suite 4000, Albuquerque, New Mexico 87110
(505) 845-4628.
FOR FURTHER INFORMATION ON THE NEPA PROCESS, CONTACT: Carol M.
Borgstrom, Director, Office of NEPA Oversight, EH-25 U.S. Department of
Energy, 1000 Independence Avenue, SW., Washington, D.C. 20585 (202)
586-4600 or 1-800-472-2756.
SUPPLEMENTARY INFORMATION:
Background
The Uranium Mill Tailings Radiation Control Act (UMTRCA) of 1978,
Public Law (PL) 95-604, authorized the DOE to perform remedial action
at two uranium processing sites near Slick Rock, Colorado, to reduce
the potential health effects from the radioactive materials at the
sites and at vicinity properties associated with the processing sites.
The U.S. Environmental Protection Agency (EPA) promulgated standards
for the UMTRCA in Title 40, Code of Federal Regulations, Part 192 (40
CFR Part 192). These standards contain measures to control the
contaminated materials and to protect groundwater quality. Remedial
action at the Slick Rock sites must be performed in accordance with
these standards and with the concurrence of the U.S. Nuclear Regulatory
Commission (NRC) and the state of Colorado.
Site Descriptions
The Slick Rock uranium processing sites consist of the Union
Carbide and North Continent sites. The Union Carbide processing site is
approximately 2 road miles northwest of the unincorporated town of
Slick Rock in San Miguel County, Colorado. The North Continent
processing site is approximately 1 road mile east of the Union Carbide
site. Both sites are on the west bank of the Dolores River in the
floodplain, and the nearest residence to either site is approximately
0.3 air mile. Both the Union Carbide and North Continent sites are
privately owned. Almost all the land surrounding the processing sites
is administered by the Bureau of Land Management (BLM) and is used for
livestock grazing. County Roads S8, S9, and 10R traverse the area of
the processing sites and connect with State Highway 141 approximately
0.75 road mile south of the North Continent site.
Contaminated materials at the Union Carbide and North Continent
processing sites cover approximately 55 and 12 acres, respectively.
There are also 17 acres of contaminated materials across the Dolores
River from the Union Carbide site. The contaminated materials consist
of the uranium mill tailings from the uranium ore processing
operations, soils beneath the tailings, and windblown and waterborne
contamination from the tailings. The total volume of contaminated
materials at both processing sites is estimated to be 618,300 cubic
yards. In addition, approximately 2500 cubic yards of contaminated
materials at four nearby properties (vicinity properties) are
associated with the processing sites.
The proposed Burro Canyon disposal site is approximately 5 road
miles east of the Slick Rock processing sites via County Roads S8 and
10R and State Highway 141. The site is above the 1000-year floodplain
of the Dolores River. The disposal site is on land administered by the
BLM and used primarily for livestock grazing. The town of Slick Rock is
approximately 2 air miles southwest of the disposal site.
Proposed Action
The proposed remedial action is relocation of the contaminated
materials from the Slick Rock processing sites to the Burro Canyon
disposal site. At the disposal site, the contaminated materials would
be stabilized in a partially below grade disposal cell and covered with
approximately 5 feet of earth and rock. The disposal cell would cover
approximately 12 acres and the final disposal site would cover
approximately 57 acres. The final disposal site would be permanently
transferred from the BLM to the DOE, and any future use of the disposal
site would be precluded. Approximately 178 acres at the Burro Canyon
site would be used for the disposal cell, final disposal site, and
temporary construction facilities. Soil excavated at the disposal site
would be used to construct the disposal cell; any remaining soil would
be left at the disposal site, graded, and reseeded. Ground water at the
disposal site would be protected by the claystones and mudstones in the
geological formations below the disposal site. These natural foundation
materials would inhibit any downward migration of contaminated water
from the contaminated materials. The disposal cell cover system would
inhibit infiltration of rainfall and runoff through the disposal cell.
After remedial action, the Slick Rock processing sites would be
backfilled with clean fill material, recontoured to promote surface
drainage, and revegetated. The processing sites would then be released
for any uses consistent with existing land use controls. The DOE will
evaluate the need for ground water compliance at the processing sites
during the Uranium Mill Tailings Remedial Action (UMTRA) Ground Water
Project.
The proposed remedial action includes the application of
supplemental standards to approximately 17 acres of BLM-administered
land across the Dolores River from the Union Carbide processing site.
This area contains riparian habitat, and there is no access
[[Page 10070]] to the area. Cleaning up this area would result in the
destruction of riparian habitat and would be very costly because it
would be necessary to construct a temporary bridge across the Dolores
River. Furthermore, without the cleanup, the long-term health impacts
to individuals and the general public residing in the vicinity of the
area would be negligible. If this application of supplemental standards
were approved by the NRC and the state of Colorado, the contamination
in this area would not be cleaned up.
The remedial action would require the use of earthen and rock
materials. Earthen materials would be obtained from the Disappointment
Valley borrow site on BLM-administered land that is used primarily for
livestock grazing. This borrow site is approximately 7 road miles east
of the Slick Rock processing sites and 4.4 road miles southeast of the
Burro Canyon disposal site. Approximately 65 acres would be temporarily
disturbed at the Disappointment Valley borrow site, and the borrow site
would be restored in accordance with the Free Use Permit issued by the
BLM. Rock materials would be obtained from the Dolores River borrow
site, which is on privately owned land that is used for pasture and
growing hay. This borrow site is just north of the Dolores River,
midway between the Slick Rock processing sites. Approximately 25 acres
would be temporarily disturbed at the Dolores River borrow site and
would be restored in accordance with the land use agreement negotiated
between the DOE and the land owner.
The contaminated materials and borrow materials would be
transported by truck between the processing, disposal, and borrow sites
along County Roads S8 and 10R, State Highway 141, and a new 0.5-mile
haul road from State Highway 141 to the Burro Canyon disposal site.
Approximately 0.25 mile of County Road S8 crosses the southern portion
of the Union Carbide processing site and would be temporarily relocated
approximately 400 feet south, to allow cleanup of the processing site.
Most of the land crossed by County Roads S8, S9, and 10R and the new
haul road is administered by the BLM, and the use of these roads for
the proposed remedial action would be authorized by rights-of-way
issued by the BLM.
Remedial action is scheduled to take 19 months with two winter
shutdown periods of 5 months each (mid-November to mid-April). It is
estimated that the remedial action would require an average work force
of 100 workers and would cost $7.5 million.
Environmental Impacts
The EA for the Slick Rock UMTRA Project sites assesses the
environmental impacts that may result from the proposed remedial action
and proposes mitigative measures that would reduce the severity of the
impacts. This FONSI is based on the information and analyses in the EA,
which are summarized below.
Supplemental Standards
The proposed remedial action includes the application of
supplemental standards to one area east of the Dolores River opposite
the Union Carbide processing site. If this application of supplemental
standards were approved by the NRC and state of Colorado, this area
would not be cleaned up. Additional areas at and adjacent to the Slick
Rock processing sites may be considered for the application of
supplemental standards.
Air Quality
The proposed action would have temporary minimal impacts to air
quality. None of the impacts are expected to violate air quality
regulations. The most important air pollutant created by the remedial
action would be uncontrolled fugitive dust. Much of the fugitive dust
would be produced along County Roads S8, S9, and 10R and the haul road
to the Burro Canyon disposal site. An Air Pollution Emissions Notice
and Emission Permit would be obtained from the state of Colorado prior
to the beginning of the remedial action.
This permit would require the implementation of a dust control plan
that would include measures such as covering haul trucks, treating haul
roads and disturbed areas with water or chemical additives, limiting
speeds on unpaved haul roads, and stopping work during windy periods. A
monitoring plan to ensure that air quality standards are not exceeded
would be developed by the remedial action contractor and must be
approved by the state of Colorado and San Miguel County before any
ground-disturbing activities are initiated.
Health Effects Related to Radiation
The proposed action would have a long-term positive impact on
health by controlling and stabilizing the source of radiation. It is
estimated that the proposed 19-month remedial action would result in
0.0004 total excess health effects for the general public. No action at
the processing sites would result in an estimated total of 0.0001
excess health effects for the general public during the same 19 months;
however, the increased risk of excess health effects would continue for
thousands of years without remedial action. It is estimated that 5
years of no action at the processing sites would result in 0.0003
excess health effects for the general public. In addition, continued
dispersion or unauthorized removal and use of the contaminated
materials could result in greater excess health effects than those
estimated for no action. The 19 months of remedial action would result
in a calculated total of 0.0015 excess health effects for remedial
action workers. Environmental monitoring would be performed at the
processing and disposal sites and radiological control measures would
be implemented to ensure that the public health is adequately and
appropriately protected in accordance with DOE Order 5400.5,
Radiological Protection of the Public and the Environment. Radiological
exposures of remedial action workers would be controlled in accordance
with DOE Order 5480.11, Radiation Protection for Occupational Workers.
Operational measures that include wetting the work area, covering haul
trucks, or temporarily stopping work during high winds would be
implemented to reduce airborne radioactive particulate matter
concentrations to below harmful levels.
Surface Water
No adverse impacts to surface water quality would occur. Cleanup of
contaminated materials at the Slick Rock processing sites would result
in surface disturbance; surface water runoff from disturbed areas could
be contaminated. In addition, contaminated wastewater would be
generated by activities such as equipment washing. The remedial action
design includes the construction of drainage and erosion controls,
including lined wastewater retention ponds and silt fences or berms, to
prevent the discharge of contaminated water from the sites. Appropriate
drainage and erosion controls would also be used at the disposal and
borrow sites to prevent or minimize erosion and any associated surface
water impacts. Excavation of the North Continent site would be
scheduled for the dry summer months to reduce the impact caused by
precipitation and runoff. The DOE would comply with all applicable
state of Colorado storm water regulations. After remedial action,
surface water runoff would not cause erosion of the disposal cell and
transport contaminants into local surface waters because erosion-
control features such as limiting the topslope of the disposal cell and
the placement of rock erosion [[Page 10071]] protection are designed to
withstand long-term erosive forces. Disturbed areas would be graded to
promote drainage and would be revegetated when remedial actions are
complete.
Ground Water
The proposed action would have a positive effect on ground water
below the processing site by removing the source of contaminants. No
impacts are expected to ground water below the disposal cell. The
disposal cell at the Burro Canyon site is designed to control
radioactive and nonradioactive contaminants in compliance with the
EPA's proposed ground water protection standards. The protection of
human health and the environment at the Burro Canyon disposal site
would be ensured by a combination of design features and advantageous
hydrogeologic conditions. There is no existing or potential use of
ground water in the uppermost aquifer in the immediate vicinity of the
Burro Canyon site because sustainable amounts of ground water are not
available from the aquifer. The cleanup and/or control of existing
ground water contamination at the Union Carbide and North Continent
processing sites will be evaluated during the ground water compliance
phase of the UMTRA Project.
Flora and Fauna
Flora and fauna would be affected directly and indirectly by the
proposed remedial action. Direct effects would include the loss of
habitat, loss of less-mobile wildlife species, and displacement of
other wildlife species. Indirect effects would arise from increased
fugitive dust, noise levels, and human activity. The duration of the
direct effects would depend on the restoration of disturbed areas.
Indirect effects would continue for the duration of the remedial action
or less.
Mitigative measures to protect bighorn sheep that could be killed
accidentally by haul trucks would be speed limits and driver education.
Removal of water from the Dolores River would be limited to amounts
that would be protective of fish and wildlife that require an adequate
flow in the river.
Mineral Resources and Soils
No impacts to mineral resources would occur. Temporary impacts to
soils would occur during the proposed action. Disturbed soils would
undergo restoration after remedial activities are complete. Topsoils
would be excavated, stored, and then replaced during restoration. A
loss of mining claims on the proposed Burro Canyon disposal site would
occur. The DOE would compensate valid claim holders to the extent
required by law.
Threatened and Endangered Species
Impacts to fish and their critical habitat would occur as a result
of the proposed action. The use of water from the Dolores River for
remedial action would cause a net depletion of approximately 150 acre-
feet of water in the upper Colorado River basin. This has resulted in a
``may affect'' determination for the endangered Colorado squawfish,
humpback chub, bonytail chub, and razorback sucker and their critical
habitat. These determinations required formal consultation with the
FWS, which resulted in the identification of mitigation consisting of a
one-time payment of $11.98 per acre-foot of water based on an average
annual use. The funds would be used to improve conditions for
endangered fish species.
The southwestern willow flycatcher has been proposed as threatened
and endangered. This bird species was not present in the area of the
Slick Rock processing sites in 1990, 1991, and 1994, but potential
habitat for this species does occur at the sites. A survey for this
species would be conducted prior to the remedial action. If it is
determined that the southwestern willow flycatcher nests at or near
areas that may be disturbed by the remedial action, formal
consultations with the FWS would be initiated and a mitigation plan
would be prepared. Similarly, surveys were conducted at the proposed
disposal site for black-footed ferrets; none were found.
Floodplains and Wetlands
During the proposed remedial action at the Slick Rock processing
sites, contaminated materials would be removed from the 100-year
floodplain of the Dolores River. Approximately 28 and 13 acres would be
disturbed within the 100-year floodplain at the Union Carbide and North
Continent sites, respectively. After the remedial action, the disturbed
areas would be backfilled with clean fill material to approximate the
original 100-year floodplain. However, the man-made ground elevations
of the tailings pile at the Union Carbide site would not be
reestablished, which would increase the area of the 100-year floodplain
at the site by approximately 7 acres. Remedial action at the North
Continent site would not increase the size of the 100-year floodplain.
Flooding is not a hazard at the Burro Canyon disposal site. The
site is above the 100-year floodplain of the Dolores River and is 60
feet higher in elevation than the closest intermittent drainage area.
Remedial action activities at the Dolores River borrow site probably
would occur within the 100-year floodplain of the Dolores River. Upon
completion of the remedial action, the disturbed area at the Dolores
River borrow site would be restored, but the area of the 100-year
floodplain at the borrow site would be slightly increased. Remedial
action activities at the Disappointment Valley borrow site would not
occur within a 100-year floodplain.
The proposed remedial action would disturb riparian plant
communities along the Dolores River. Approximately 42 acres of riparian
plant communities would be disturbed at the Union Carbide and North
Continent processing sites. It was determined that 10 acres of these
riparian plant communities meet the USACE definition of a wetland.
These wetlands are regulated by the USACE through its Section 404
Permit process, and the DOE would mitigate remedial action impacts to
wetlands as determined by this process. Approximately 17 acres of
riparian plant communities across the Dolores River from the Union
Carbide site are contaminated but are not proposed for cleanup during
the remedial action by the application of supplemental standards. The
application of supplemental standards to the other 42 acres of riparian
plant communities at the Union Carbide and North Continent sites would
not be feasible due to the relatively high levels of contamination in
these areas.
The no action alternative would leave the contaminated materials in
the floodplain and wetland areas of the Dolores River and continue to
adversely impact the floodplains and wetlands by not controlling the
source of contamination. The proposed action involves action within the
floodplain and wetland areas. Based on the Floodplain/Wetlands
Assessment, the DOE has determined that there is no practical
alternative to the proposed activities in the floodplain and wetlands
areas and that the proposed remedial action has been designed to
minimize potential harm to or within the floodplain and wetland areas.
The Floodplain/Wetlands Assessment in the EA and this Floodplain
Statement of Findings were prepared pursuant to Executive Orders 11988,
Floodplain Management, and 11990, Protection of Wetlands, and 10 CFR
Part 1022, Compliance With Floodplain/Wetlands Environmental Review
Requirements. Mitigation measures to reduce impacts to floodplain
disturbance would be to backfill disturbed areas with clean fill
[[Page 10072]] material to approximate the original 100-year
floodplain. However, the man-made ground elevations of the tailings
pile at the Union Carbide site would not be reestablished, which would
increase the area of the 100-year floodplain at the processing site by
approximately 7 acres. Remedial action at the North Continent site
would not increase the size of the 100-year floodplain.
Historical and Cultural Resources
Two cultural resource sites, one near the Union Carbide processing
site and the other near the Burro Canyon disposal site, are not
expected to be affected by remedial action activities. Both of these
cultural resource sites would be fenced and avoided during remedial
action, and the site near the Union Carbide processing site would be
further protected by a barrier to shield against dust, rocks, and
exhaust fumes. If any additional cultural resources are identified
during the remedial action (e.g., subsurface resources), work would
stop in the area of the cultural resources, and the appropriate state
and Federal agencies would be consulted to determine the significance
of and protection for the resources. The Ute Mountain, Southern, and
Northern Ute Tribes were also consulted to determine whether the
proposed remedial action would impact any tribal cultural use areas. No
impacts were identified.
Land Use
The remedial action would result in the temporary and permanent
disturbance of approximately 335 acres of land. This would result in
the temporary and permanent loss of grazing forage at the Slick Rock
processing sites, Burro Canyon disposal site, and Dolores River and
Disappointment Valley borrow sites. The DOE would mitigate the
temporary and permanent loss of grazing forage in accordance with land-
use agreements negotiated with affected grazing lessees and private
landowners.
The final restricted Burro Canyon disposal site would encompass
approximately 57 acres, and any future use of this area would be
precluded. After remedial action, the Slick Rock processing sites would
be released for any use consistent with existing land-use controls.
Six unpatented mining claims exist within the proposed permanent
withdrawal area. The DOE would compensate valid claim holders to the
extent required by law.
Socioeconomics
The remedial action impacts on employment, housing, community
services, and the economy would be minimal due to the short duration of
the remedial action and the relatively small number of workers
required. These impacts would be expected to be distributed among
numerous nearby and more distant communities; consequently, no single
community would be affected substantially by the remedial action. The
wages and salaries paid to remedial action workers and expenditures for
equipment, materials, and supplies would have direct, positive impacts
on the economies of San Miguel, Dolores, and Montezuma Counties. The
local economies also would benefit indirectly as these wages, salaries,
and expenditures are respent locally on other goods and services.
Direct and indirect expenditures would generate tax revenues that would
be available to local and state government use.
Transportation
The remedial action would increase the traffic volume on County
Roads S8, T11 and State Highway 141. A portion of County Road S8 would
be relocated to allow cleanup of the Union Carbide processing site.
These roads and highway would be improved as necessary, and other
mitigative measures (e.g., trained flag persons and temporary warning
signs) would be implemented as required to mitigate the potential
traffic hazards. After remedial action, these roads and highway would
be returned to their original locations and conditions. The public
would be restricted from access to County Roads S9 and 10R and a
private disposal site access road off T11 during remedial action, which
is expected to last 19 months.
Alternative to the Proposed Action
No Action Alternative
The no action alternative would consist of leaving the contaminated
materials in their present conditions and locations at the Slick Rock
processing sites. The contaminated materials would continue to be
exposed to erosion, and eventual erosion of the contaminated materials
would result in the transport of contaminants into the Dolores River.
The processing sites and adjacent areas would remain unusable. The
contaminated materials would also be susceptible to unauthorized
removal and use by humans, which could cause more widespread
contamination and increased public health hazards. The no action
alternative is not a legal alternative for the DOE and would not
satisfy the requirements of the UMTRCA (PL 95-604).
Alternatives Considered and Rejected
The DOE's analysis of disposal site alternatives encompassed
technical, environmental, and cost factors, as well as the risks
associated with each alternative. Alternatives evaluated but rejected
were 1) stabilization of the mill tailings in place at the processing
sites, 2) stabilization of the mill tailings at other locations near
the processing sites, and 3) colocating the mill tailings at other
uranium mill tailings sites. The first alternative was rejected because
the major portion of the tailings would be stabilized in the flood
plain of the Dolores River and water resources protection would be
inadequate. The second was rejected due to the other sites' proximity
to ground water. The third was rejected because the cost of disposal
would result in significant increases in cost by a factor of two and
six, respectively, over the cost of disposal at Burro Canyon.
Determination
Based on the information and analyses in the EA, the DOE has
determined that the proposed remedial action does not constitute a
major Federal action significantly affecting the quality of the human
environment within the meaning of the NEPA. Therefore, the preparation
of an environmental impact statement is not required.
Signed in Albuquerque, New Mexico, this 27th day of January,
1995.
Bruce G. Twining,
Manager.
[FR Doc. 95-4428 Filed 2-22-95; 8:45 am]
BILLING CODE 6450-01-P
