Powertech's request to modify uranium mining water quality measures raises concerns

August 23, 2009
Powertech's request to modify uranium mining water quality measures raises concerns
BY BOBBY MAGILL
BobbyMagill@coloradoan.com

If Powertech is allowed to open the Centennial Project uranium mine northeast of Fort Collins, a 2008 law requires the company to clean up the site and return the groundwater there to the condition it was in before mining begins.

But in a move uranium-mine opponents fear might prove Powertech is trying to skirt around clean-water standards, the company Wednesday asked state Division of Reclamation, Mining and Safety, or DRMS, officials to allow it to change original water-quality information for the mine site while uranium is being mined.

As the state writes rules governing how the 2008 state law, HB-1161, will be implemented and asks the public for input, the possibility the mine could pollute the region's groundwater has emerged as a major concern among some who live near the proposed mine site.

Powertech wants to build the mine on several thousand acres between Wellington and Nunn, less than 15 miles northeast of Fort Collins, the closest major population center to the proposed mine.

Before mining begins, the law requires Powertech to collect "baseline" water quality data, or information on the state of the water before it is contaminated by mining, then restore the water to that same quality after mining ends.

In comments sent to the state Aug. 12, Powertech officials wrote it should be able to revise its baseline water quality data during the mining process "if new water-quality information comes to light" as an effect of mining.

Powertech President Richard Clement said Thursday geology varies in a mining area, and it might be necessary to present the state with new information about the original water quality at the mine that could change the company's groundwater restoration plan.

"Powertech is still making arguments to undermine groundwater quality protections," said Matt Garrington of Environment Colorado. "They asked the Mining Division yesterday to be able to move the standard for groundwater during the mining project. They're still making that argument in this process, and it's crazy."

State officials held their ground.

"I'm not sure of their intent in the long term," said Colorado Mined Land Reclamation Office Director David Berry. "Our intent would be information can no longer be baseline if it's disturbed by an operation. We're pretty steadfast in that."

A day after making its argument, Powertech reversed its opinion.

"It was made very clear by the DRMS that they determined that the issue has been established, so we have no further objection," Clement said Thursday.

Powertech also quibbled with the state's definition of the surface and groundwater the company might affect with its uranium mining.

The rule the state is writing says potentially affected surface and groundwater includes the water found on the land at the mining site and "in surrounding areas."

In its comments to the state, Powertech called that definition "amorphous."

The company, it said, could wind up having to test the water quality on hundreds of square miles of land outside the mine site.

"This is precisely the sort of outcome that certain opponents of ISL (in-situ leach) mining would like to see," Powertech said. "Anything that might cause an applicant to have to waste money and time is desirable to them because it advances their goal of stopping projects altogether."

http://www.coloradoan.com/article/20090823/NEWS01/908230319