Text Size
Increase text size
Increase text size
Banner

Energy Fuels Pinon Ridge

 

The Colorado Department of Public Health and Environment is the sole regulator and licensing authority for certain radioactive materials uses in the state under the Colorado Radiation Control Act (25-11-101 et seq. C.R.S.) and an agreement between the Governor and the U.S. Nuclear Regulatory Commission (NRC).  The federal government is not actively involved in regulating these materials in Colorado, but does review the state's Radiation Program to ensure that it meets or exceeds NRC standards.  The review process required by Colorado statute is designed to ensure protection of both public health and the environment.  It is at least as stringent as the NRC process, and encompasses a wide range of regulatory, technical, scientific and socioeconomic factors.

 

On November 18, 2009, Energy Fuels Resources Corp. submitted an application for a radioactive materials license that is required before the company can begin construction on a proposed uranium mill in Montrose County.  The proposed site for the mill is approximately 12 miles west of Naturita in the Paradox Valley.  The proposed mill would process up to 500 tons of ore per day, and would be the first uranium/vanadium mill built in the United States in more than 25 years.

The state process for reviewing the Energy Fuels license application and providing appropriate public participation opportunities follows:

  • November 18, 2009:  Energy Fuels submitted its application package, including the Environmental Report, to the Colorado Department of Public Health and Environment (the Department), Hazardous Materials and Waste Management Division, Radiation Program.

  • December 18, 2009:  The Colorado Department of Public Health and Environment determined the application package is complete.  (NOTE:  This step simply confirms that all of the pieces of the application package are included.  There is no public comment on the completeness of the application package, nor does completeness imply technical adequacy.)

  • Technical adequacy evaluation and public comment:  The determination that the application package is complete triggers a comprehensive evaluation of the technical adequacy of the application.  Public comments on the project are now accepted.  The Department will issue formal Requests for Information (RFIs) to applicants throughout the technical evaluation to clarify items and answer evolving questions about the project.

  • January 21, 2010:  Energy Fuels first public meeting in Nucla, Colorado.

  • February 17, 2010:  Second public meeting in Montrose, Colorado

  • Within 90 days of first public meeting:  Montrose County Commissioners' comments on the Environmental Report must be received by the Department.

  • April 19, 2010:  The Montrose County Commissioners provided comments on the Environmental Report to the Department.  Since the Commissioners responded, the Department has 270 days to determine whether a license is rejected, issued as requested, or issued with conditions.

  • If the Montrose County Commissioners had not responded:  The Department would have had 360 days after the second public meeting to determine whether a license is rejected, issued as requested, or issued with conditions.

 

The Department consulted other regulatory agencies as part of the review.  As described in the regulations, the Department prepared a written analysis of the project and a justification of its decision.  The Department issued a Decision Document on January 5, 2011, 12 days prior to the statutory deadline of January 17, 2011.  Because the application was approved, the Department also issued a preliminary license on that date.  The decision document, which includes an environmental impact analysis, provides the rationale for the Department's decision and responds to public comments received throughout the technical review process.  The Radiation Control Act specifies that the Department will follow the appeal process in the Colorado Administrative Procedures Act (24-4-101 et. seq. C.R.S.), which provides for appeal of the decision within 60 days of approval.

 

 

For More Information 

The application and related documents are available to the public on this web page and at public repositories located at:

 

Nucla Public Library
544 Main Street
Nucla, CO  81424
970-864-2166

 

Montrose County Planning and Development
317 S. 2nd Street
Montrose, CO  81401
970-249-6688

 

Questions can be sent to cdphe.hmenergyfuels@state.co.us.