The Fremont County Commissioners Tuesday tabled for a second time a decision on an application by Black Range Minerals (BRM) for an amendment to their conditional use permit that would allow an expanded area for uranium exploration in the Tallahassee area northwest of Cañon City.
Following another five hour public hearing the Commissioners decided to table any decision until their November 9th regular meeting. The Board also agreed to take additional written comment on the issue until their October 12th regular meeting.
Black Range Minerals wants to amend their original permit for uranium exploration which covered 8,169 acres on the Taylor Ranch to also include 2,210 acres on the neighboring South T-Bar Ranch properties.
Most of Tuesday’s testimony centered around groundwater and surface water monitoring issues. A detailed report was presented by Bruce Smith of Western Water and Land of Grand Junction, a third party water expert appointed in the fall of 2008 following the county’s granting of the original Conditional Use Permit for BRM.
Smith said considerable data has been collected over the last two years from 92 monitoring wells in the area. He said BRM drilled only six uranium exploration holes under the original permit which allowed up to 800 bore holes on the Taylor Ranch. Responding to questions about a complaint filed that alleges Black Range has violated terms of their permit by failing to drill 12 monitoring wells, Smith said that was a proposal offered by Black Range but never required under the permit conditions. Smith said 12 monitoring wells proposed by Black Range were part of a baseline characterization for the Division of Reclamation Mining and Safety (DRMS). Smith said he did not view BRM’s proposal to drill monitoring wells in different locations as violating any commitments because other proposed wells would be down gradient of an expanded exploration area.
Smith offered specific recommendations that if BRM’s permit is amended, conditions be added requiring the company to submit monitoring well plans that specify dates and conditions under which the wells will be installed. He said the wells should be in place and sampled prior to drilling additional exploration holes. Smith also recommended the lining of mud pits when drilling exploration holes, temporary fencing of those pits, new and additional locations for collection of surface water samples, and to sample pit water for dissolved uranium.
Most of the public comment offered at the hearing was in opposition to the proposed amendment. Kay Hawklee and others criticized BRM for failure to install the monitoring wells as proposed because Black Range was drilling exploration holes before baseline groundwater monitoring samples were being taken. Hawklee said there is no evidence that Black Range bore holes were not responsible for contaminating domestic water wells in the area.
Smith’s report acknowledged that uranium concentrations above safe drinking water standards could be contributable to natural background of uranium in the groundwater, contamination from bore holes made by Cyprus Minerals in the 1970’s, or from Black Range exploration drilling.
Smith said he needs more time to evaluate some of the data dealing with radiological thresholds, BRM’s request to do only annual domestic well sampling, and a request eliminate some of the distant domestic wells from the sampling program. With that request the Commissioners decided to table the matter until November 9th.
Black Range Project Manager Ben Vallerine urged the Commissioners to approve the amendment now and add the conditions later. Commission Chairman Ed Norden said that with Smith’s expertise now available for consideration of the amendment it made more sense to see what kind of conditions might be developed before the board considers if they want to approve the permit for expanded exploration.