Federal Register / Vol. 60, No. 36 / Thursday, February 23, 1995 / Notices 10069

For further information concerning

this meeting, contact: Timothy J. Galpin,

Assistant for CNO Executive Panel

Management, 4401 Ford Avenue, Suite

601, Alexandria, VA 22302-0268,

Phone: (703) 756-1205.

Dated: February 16, 1995.

L. R. McNees,

LCDR, JAGC, USN, Federal Register Liaison

Officer.

[FR Doc. 95-4424 Filed 2-22-95; 8:45 am]

BILLING CODE 3810-FF-F

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.

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 BLMadministered land across the Dolores

River from the Union Carbide

processing site. This area contains

riparian habitat, and there is no access
10070 Federal Register / Vol. 60, No. 36 / Thursday, February 23, 1995 / Notices

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-ofway issued by the BLM.

Remedial action is scheduled to take

19 months with two winter shutdown

periods of 5 months each (midNovember 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
Federal Register / Vol. 60, No. 36 / Thursday, February 23, 1995 / Notices 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 lessmobile 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 blackfooted 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
10072 Federal Register / Vol. 60, No. 36 / Thursday, February 23, 1995 / Notices

material to approximate the original

100-year floodplain. However, the manmade 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 landuse 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

Office of Nuclear Energy

Nuclear Energy Financial Assistance

Program for University Reactor

Sharing

AGENCY: Department of Energy (DOE).

ACTION: Notice inviting grant

applications.

SUMMARY: The Office of Nuclear Energy

(NE), U.S. Department of Energy (DOE),

hereby announces that invitations have

been sent to all U.S. colleges and

universities with a licensed, operating

nuclear reactor that have an interest in

making their reactor facility available to

other educational institutions.

The objectives of the program are to

provide opportunities needed by

educational institutions, without these

facilities, for research, education and

training of their faculty and students in

the nuclear sciences and technology.

The grants are used to offset costs of