fw: revised necr tana attached sara jacobs to: …necr mine is located on tribal trust land within...
TRANSCRIPT
Fw: Revised NECR TANA AttachedSara Jacobs to: Katrina Coltrain, Jason McKinney 07/20/2012 01:19 PM
From: Sara Jacobs/R9/USEPA/US
To: Katrina Coltrain/R6/USEPA/US@EPA, Jason McKinney/R6/USEPA/US@EPA
History: This message has been replied to.
FYI.
Sara JacobsU.S. Environmental Protection Agency75 Hawthorne St. (SFD-6-2)San Francisco, CA 94105-3901Ph: 415-972-3564Fx: 415-947-3528E-mail: [email protected] Forwarded by Sara Jacobs/R9/USEPA/US on 07/20/2012 11:18 AM -----
From: Krissy Russell-Hedstrom <[email protected]>To: Sara Jacobs/R9/USEPA/US@EPA, Grace Ma/R9/USEPA/US@EPADate: 07/17/2012 10:18 AMSubject: Fwd: Revised NECR TANA Attached
Hi Sara and Grace,The EC approved this draft of the TANA on Wednesday night and are ready to move forward with scheduling a TANA workshop. At Wednesday's meeting, they suggested August 19 as a date that would work for them. I let Sara know this on the phone already and I know she is going to ask around in your office how that date might work.Does EPA have any further suggested revisions for the TANA?Thanks,Krissy
---------- Forwarded message ----------From: Krissy Russell-Hedstrom <[email protected]>Date: Thu, Jun 28, 2012 at 4:15 PMSubject: Revised NECR TANA AttachedTo: Benally Annie <[email protected]>, Chris Shuey <[email protected]>, Dana Barton <[email protected]>, Edith Hood <[email protected]>, Grace Henio <[email protected]>, "jacobs. sara" <[email protected]>, "ma. grace" <[email protected]>, Mark Ripperda <[email protected]>, Paul Robinson <[email protected]>, Tom Jefferson <[email protected]>Cc: Don Hancock <[email protected]>
Dear RWPRCA EC and EPA Region 9,Attached please find a revised draft of the NECR Needs Assessment taking into consideration comments from both RWPRCA and EPA. There were a few comments from both parties that provided more information about prioritizing needs or updating the status of needs that I did not
011596
address in the document. I think these comments will be better addressed during the needs assessment workshop. I noted them the other attached file, however, so that these comments won't be lost.Please let me know if you would like to request any final changes to the TANA. I know RWPRCA has a meeting on July 11, so will wait to hear from the EC after that meeting.Thanks so much,Krissy
-- ~~~~~~~~~~~~~~~~~~~~~~~Krissy Russell-Hedstrom, Ph.D.Technical Assistance SpecialistSkeo [email protected]
-- ~~~~~~~~~~~~~~~~~~~~~~~Krissy Russell-Hedstrom, Ph.D.Technical Assistance SpecialistSkeo [email protected]
TASC R9 NECR Needs Assessment 6-28-12 Revised.docxTASC R9 NECR Needs Assessment 6-28-12 Revised.docx
NECR TANA Issues and Questions to Discuss 6-28-12.docxNECR TANA Issues and Questions to Discuss 6-28-12.docx
011597
NECR TANA Questions or Issues to Discuss:
1. RWPRCA noted that they are working on contacting Coyote Canyon Chapter officials for more information on homesite leases, etc. as part of Recommendation A.1.
2. RWPRCA noted that Recommendation B.6 (Group Housing Option) be discussed after the
short-term removal but before the long-term removal and that residents should be asked about this option.
3. RWPRCA noted that for Recommendation B.7 (Removal Tech Assist) sharing documents is a
formality now.
4. RWPRCA noted that Recommendation C.1 (Trash bin placement) should be put on the back burner for now.
5. Grace Ma Question: Did the Pinedale, Coyote Canyon or Churchrock Chapters pass a
resolution about their concerns and needs in regard to NECR, Quivira and UNC Mill?
6. EPA needs GPS coordinates of capped well that might be used to water revegetated areas after removal action.
7. EPA would like RWPRCA to understand that if roads are improved to allow for better access
to mesas, then others will also be able to more easily access them.
8. During the housing meetings, EPA is looking to residents for their ideas on how they will manage livestock during the short-term removal at the Eastern Drainage.
9. EPA notes that the US Army Corps of Engineers is working on a feasibility study for Standing
Black Tree Mesa, which the community has identified as their desired site for group housing.
10. EPA notes that TASC has been retained by U.S. EPA to provide technical assistance related to reviewing removal action documents.
11. RWPRCA has a grant from EPA to monitor fencing and report associated problems to EPA so
that EPA and GE can address the problems.
12. EPA notes that EPA and GE previously replaced the soil around the bus stop with clean fill soil. The clean fill soil had radiation levels below background and no notable amounts of heavy metals. RWPRCA also notes this.
13. EPA notes that EPA has talked to community members with livestock and asked them how
they want to manage their livestock during the short-term Eastern Drainage Removal. The two families with livestock said they were planning to water and feed them on a regular basis and probably keep them in the current area.
011598
1
Technical Assistance Services for Communities Contract No.: EP-W-07-059 TASC WA No.: TASC-4-HQ-OSRTI TD No.: 2.09 TD #10 NE Church Rock (NECR)
TASC Technical Assistance Needs Assessment
Site Name: Northeast Church Rock Mine Site Location: McKinley County, New Mexico; Churchrock, Coyote Canyon, Nahodishgish, Pinedale and
Standing Rock Chapters of the Navajo Nation Date: June 2012 I. Introduction This Technical Assistance Needs Assessment (TANA) is being conducted for the Red Water Pond Road Community Association, Inc. (RWPRCA), a non-profit organization incorporated under the laws of the Navajo Nation. RWPRCA formally requested a TANA at its February 8, 2012, community meeting, and the request was granted by U.S. Environmental Protection Agency (EPA) on March 16, 2012. The purpose of this TANA is to better understand the technical assistance needs of the communities surrounding the Northeast Church Rock (NECR) Mine and other abandoned uranium mining and milling facilities in McKinley County, New Mexico, at the point where Churchrock, Coyote Canyon, Nahodishgish, Pinedale and Standing Rock Chapters of the Navajo Nation meet, and to provide recommendations for meeting those needs. While the NECR Mine is located on tribal trust land within the boundaries of Pinedale Chapter, the RWPR Community is located within the boundaries of Coyote Canyon Chapter. The nearby Quivira (formerly, Kerr-McGee Corporation) Church Rock I and I-East Mine, which is not part of this TANA, but directly impacts the RWPR Community, is located partially in Coyote Canyon and Nahodishgish chapters. These and other locations referred to in this document are shown in Figure 1. TASC staff Paul Robinson and Chris Shuey, Southwest Research and Information Center (SRIC), and Krissy Russell-Hedstrom, Skeo Solutions, conducted this TANA. It is based in large part on the TASC staff’s discussions with RWPRCA members since October 2011 and TASC’s attendance at RWPRCA community meetings and Executive Committee meetings since January 2012. In particular, TASC staff facilitated discussions at the RWPRCA Executive Committee meetings on February 27, March 7, and March 30, 2012, and at RWPRCA community meetings on March 20 and April 11, 2012. In addition, Mr. Shuey and Mr. Robinson, in their capacities as SRIC professional staff, have provided technical assistance to RWPRCA and its members for many years prior to the initiation of TASC activities in Fall 2011. As such, they have familiarity with the history of the group and
011599
2
Figure 1. Location map for uranium sites, community locations, and Navajo chapters discussed in this document. concerns of local residents. No formal interviews were conducted with individual RWPRCA members or with EPA or Navajo Nation officials for this TANA. RWPRCA members and EPA Region 9 provided comments on this TANA prior to its release. Documentation consulted to compile the needs and recommendations discussed in this assessment includes recent and historic materials listed in the bibliography. References in the text are keyed to items included in the bibliography. II. Background Site Information The NECR Mine site and adjacent Red Water Pond Road Community are located about 15 miles northeast of Gallup, New Mexico. The 125-acre mine site includes most of Section 35 of Township 17 North, Range 16 West, and parts of Section 34, T17N, R16W and Section 3, T16N, R16W, McKinley County, New Mexico (see Figure 1). Section 35 is “Navajo Tribal Trust Land,” meaning it is owned by the United States and held in trust for use by the Navajo Tribe. The site location abuts the 1880 Executive Order Navajo Reservation boundary on its north side and is therefore considered to be within the “checkerboard”
011600
3
area of Navajo Indian Country. It is contained fully within the boundaries of Pinedale Chapter of the Navajo Nation, and is situated adjacent to Coyote Canyon and Churchrock chapters on the north and west. United Nuclear Corporation (UNC) developed a uranium mine and engaged in underground mining between 1967 and 1982. In the 1990s, the Nuclear Regulatory Commission (NRC) required UNC to remove uranium mill tailings that UNC had transported to the mine site from its nearby uranium mill for backfilling of underground mine workings. Also during the 1990s, mine shafts were sealed and buildings were razed. In 1997, General Electric Company (GE) acquired UNC as an indirect subsidiary (hereafter referred to as UNC-GE), and assumed responsibility for site assessment and reclamation. The New Mexico Mining and Minerals Division, under authority of the New Mexico Mining Act of 1993, ordered initial assessments and other studies of the mine in 2002-2003. At the request of the Navajo Nation, EPA Region 9 assumed regulatory authority over the site in 2005, pursuant to the Comprehensive Environmental Response Compensation and Liability Act (CERCLA), commonly known as the Superfund law. Preliminary indications that hazardous constituents had been released from the mine site to off-site residential areas were documented in surface gamma radiation assessments and soil tests for uranium by the Church Rock Uranium Mining Project (CRUMP) in 2003-2004 (SRIC 2007). Assessments conducted on and outside of the mine site on Navajo Reservation land in 2006 and 2007 by UNC-GE pursuant to administrative orders issued by EPA Region 9 confirmed that radium-226, a CERCLA hazardous constituent, was released from the mine site. An EPA-ordered time-critical removal action in 2007 (U.S. EPA 2007) and an interim removal action (IRA) in 2009-2010 (U.S. EPA 2009b) removed more than 106,000 cubic yards of radium-contaminated soils from around residences in the Red Water Road community and from an unnamed arroyo that had received contaminated mine discharge waters during active mining operations. In addition, the northern face of mine waste at the mine was pushed south from the Navajo Reservation boundary, back onto the mine site and re-contoured to minimize further releases into the residential area to the north. EPA estimates that 1.4 million tons of mine waste (about 900,000 cubic yards) are present at the mine site (U.S. EPA 2011c). EPA described five alternatives for reclamation of the NECR Mine in an Engineering Evaluation/Cost Analysis issued on June 1, 2009 (U.S. EPA 2009a). In an Action Memorandum issued by EPA Region 9 on September 29, 2011 (U.S. EPA 2011c), EPA described the Agency’s decision to excavate and move the NECR Mine waste to the UNC tailings facility located 0.5 mile east of the mine in Section 2 of T16N, R16W. The UNC tailings facility is a Superfund National Priorities List site (added in 1983) and remains under NRC licensure (Nuclear Regulatory Commission 2012). A separate Action Memorandum (U.S. EPA 2011b) issued by EPA Region 9 on September 26, 2011, provides for assessment and removal of radium-contaminated soils in the Eastern Drainage Removal Area (EDRA), located east of Red Water Pond Road, north of State Highway 566, and south of the Pipeline Arroyo. An estimated 30,000 cubic yards of contaminated soils will be excavated from the EDRA beginning in late summer 2012.
011601
4
The Quivira Church Rock I Mine, operated by Kerr-McGee Nuclear Corporation from 1972 to 1986, is located in the Red Water Pond Road Community about 1 mile north of the NECR Mine. The Quivira Mine, including its eastern extension, called Quivira Church Rock IE, was dismantled and partially reclaimed in the early-1990s. In 2010, EPA issued an Administrative Order on Consent to the current mine owner, Rio Algom, Ltd., requiring site assessments, regrading of a waste pile bordering Red Water Pond Road and the Pipeline Arroyo, and chip-sealing a portion of Red Water Pond Road to minimize dispersion of mine wastes used in the construction of the road during active mining (U.S. EPA 2010). For more information about the site, and to obtain recent regulatory documents and technical reports, see http://yosemite.epa.gov/r9/sfund/r9sfdocw.nsf/ViewByEPAID/NNN000906132. III. Background and History of Red Water Pond Road Community Association RWPRCA is a community-based grass-roots organization representing residents and family members of the RWPR Community and surrounding areas. RWPRCA was formed in April 2007 in response to EPA’s time-critical removal action (TCRA) to excavate radium-contaminated soils from around homes in NECR Step-Out Area 1 (U.S. EPA 2007). RWPRCA was incorporated under the laws of the Navajo Nation in September 2009. For the past decade, residents of the RWPR Community and surrounding communities (including the Pipeline Road community to the northeast and the State Highway 566 community to the southeast) have been actively involved in regulatory and policy matters relating abandoned uranium sites in the area. Residents met on several occasions in 2005 and 2006 before adopting a resolution in August 2006 outlining their concerns and needs related to reclamation of the NECR Mine, the Quivira Mine and the UNC mill tailings facility (RWPRCA 2006). In June 2009, RWPRCA commented on EPA’s June 2009 EE/CA (RWPRCA 2009), and in November 2010, prepared and submitted to EPA Region 9 a “conceptual plan” for managing and moving uranium wastes from the area, investigating alternate disposal sites for uranium-mine wastes, improving and redeveloping roads in the area, and planning and developing new homes using renewable energy and appropriate technology (RWPRCA 2011). EPA has relied on members of RWPRCA to help organize community input into EPA activities related to cleanup of the local mine sites. In 2010, EPA entered into a contract with RWPRCA to provide assistance to the Agency in organizing and scheduling meetings, observing site activities, and facilitating communication with EPA staff.
As of January 2012, RWPRCA counted 45 families living in 11 households in the Red Water Pond Road community. The current families are descendents of Diné who have lived in the valley and on top of the mesa to the north for at least four generations, according to the RWPRCA. RWPRCA members possess archival photos that were reviewed and discussed at recent meetings and examined by TASC staff. These photos provide evidence of human occupancy of the valley located between the NECR Mine and the Quivira Mine dating back at least to the 1940s, and likely earlier. A sandstone brick home located next to Red Water
011602
5
Pond Road, between the NECR Mine and Quivira Mine, was reported to have been built in the 1930s and moved to its current location in the 1940s. An area that was historically occupied by relatives of the current RWPRCA residents since the 1940s is located about two miles north of the current community. Its English name is Standing Black Tree Mesa (Tsin Łizhin Ei’aah, in the Navajo language). Residents say that several hogans that were built in the 1940s, along with old livestock corrals, still stand in the community. Residents also state that while their ancestors included many generations of medicine men, the current generation includes few traditional healers. Accordingly, they have identified a need to reestablish traditional healing practices among families of the community. IV. Community-identified Needs During the recent meetings attended by TASC staff, RWPRCA members discussed and described community needs related to uranium-mine cleanup in the Red Water Pond Road area. One need came through as being very urgent for the community. This need is described in subsection IV.A below. Of the other needs, many expressed are explicitly technical assistance needs. Others are general community and organizational needs that are necessitated by the fact that residents live between two of the highest priority abandoned uranium mines on the Navajo Nation. Both sets of needs are important and relevant to RWPRCA, therefore, both are addressed in this TANA. For simplicity of categorization, the community’s technical assistance needs are separated from their community and organizational needs and presented in subsections VI.B and VI.C, respectively. Both categories are further sorted into common or analogous subcategories. The needs are listed as stated by RWPRCA members and, with the exception of subsection IV.A below, are not ordered by priority or preference. An overarching theme of all the needs expressed is that RWPRCA members desire a contamination-free environment in which to live. Members speak of the need to “restore” and “heal” the land in order to recover their sense of connection to it through the concept of balance and harmony, or hózh=. Residents state that they want to understand how plans for removing mine wastes from NECR Mine and Quivira Mine will achieve their goal of land restoration. As one resident stated recently, “we want to reindigenate our land” (emphasis added). A. RWPRCA’s Urgent Need for Community Meeting and Ceremonial Space One particular need that the community identified as being urgent and of the highest priority is the need for a common community meeting space. This need was discussed in detail in RWPRCA’s March 30, 2012, letter to Navajo Nation President Ben Shelly, EPA Region 9 Superfund official Clancy Tenley, and GE’s Remedial Projects Manager, Rick McAlister; a copy of the letter is appended to this TANA as Attachment A. According to the letter, the community would like to design, obtain site approvals and construct a multi-purpose community center, with utilities, to serve as a ceremonial structure and place of reflection in the shape of a traditional Navajo hogan. The building would serve as a place for community meetings and as a center for research on uranium mine cleanup and
011603
6
community health studies. Until such a multi-purpose building is constructed, the community expressed a need for a temporary meeting space to avoid using residents’ homes. They suggested in the March 30 letter that EPA place a portable building in the community that would not only serve the community’s need for local meeting space, but also as EPA’s “command post” for the upcoming EDRA. If such an arrangement cannot be worked out, RWPRCA requested in the letter that EPA provide office space for the community in Gallup, New Mexico. RWPRCA stated that it is not comfortable using office space in the buildings at the UNC mill site. B. Technical Assistance Needs
1. Community Involvement and Communication Needs a. More formal communication with EPA on matters related to the Northeast
Church Rock Mine and Quivira Mine cleanups is needed. By “more formal,” residents used words and terms like “professional” and “more business-like” and offered examples that included EPA scheduling appointments with families in advance and holding monthly calls in the evenings to accommodate residents who work during the day.
b. Creation of a mechanism to maintain communication of the RWPRCA with EPA, Navajo Nation, and responsible parties in the period between monthly community meetings is needed. RWPRCA members sense that EPA and Navajo Nation EPA (NNEPA) staff members have frequent contact with UNC-GE officials and their consultants, and that the community needs to be involved in those discussions or receive written summaries of such discussions.
c. Inclusion of Pipeline Road community members in discussions with EPA on cleanup plans for the EDRA and the Quivira Mine is needed, including the 1E shaft area located just west of Pipeline Road, about 0.5 miles north of the Reservation’s boundary.
d. A tour of the area, including the families’ mesa-top grounds, with EPA staff and Executive Committee members as a group, not just individually, is needed.
e. Clarification of GE’s commitments regarding preference hiring during the construction phase of the NECR Mine reclamation is needed. (See, also, related need for technical trainings in Section IV.B.2.f.)
f. Specific Materials Requested: RWPRCA members identified several documents and visual materials that they would like EPA to provide to affected area residents, including the RWPRCA membership, to better understand housing options and current environmental conditions in the area. These materials include:
i. Power Point slides on housing options presented by Dana Barton and Grace Ma at the January 9, 2012 community meeting.
ii. EPA correspondence with the U.S. Army Corps of Engineers (USACE). USACE is on contract to assist EPA in implementing housing options for local residents.
iii. As noted above in Section IV.B.1.b, summaries of routine contacts among EPA, NNEPA and UNC-GE staff members and consultants, on a monthly basis.
011604
7
iv. Maps showing locations and conditions of all mineral exploration drill holes and drilling sites throughout the area, including in the valley between the UNC and Quivira Mine sites and on the surrounding mesas. This should include the Church Rock II Mine site located about 3 miles northwest of the NECR Mine site, on the south side of Red Water Pond Road.
v. Maps showing locations of underground mine workings and any surface manifestations of subsidence or collapse.
vi. Preliminary concepts and designs associated with plans for moving the mine waste from NECR Mine site and placing it on the UNC tailings pile.
2. Training and Educational Needs
a. Knowledge of EPA and Navajo Nation policies, procedures, applicable statutes and regulations is needed, before site decisions are made.
b. Training to understand the mechanical options for moving the wastes from the mines to the tailings pile is needed so that the community can provide input into the actual removal actions. By “mechanical options,” RWPRCA members say they mean the logistical and mechanical means by which wastes are loaded, hauled and deposited on the tailings pile.
c. A briefing is needed for community members and their technical assistance providers on EPA’s study of alternative disposal sites for the NECR Mine wastes.
d. A meeting with residents and EPA, NNEPA and UNC-GE representatives is needed to discuss fencing and management of animals to keep them out of contaminated areas.
e. RWPRCA-designated representatives need to see how soil testing is done and how the results of tests are interpreted scientifically.
f. Training for community members is needed in occupational safety and health requirements during the cleanup process, and in environmental sampling, and legal requirements for cultural resource protection.
g. Training for local residents, especially youth, in soil science, biology, native plants and ecology is needed.
3. Housing Options Needs
a. RWPRCA expressed a need for EPA, the Navajo Nation, UNC-GE and other parties to understand and acknowledge RWPRCA’s discussions with the University of New Mexico Indigenous Design and Planning Institute (IDPI). IDPI is assisting RWPRCA with planning and designing a new community on Standing Black Tree Mesa for affected residents and assisting individual families and the community attain the best possible results from the flexible housing option implementation process.
4. Removal Action Needs
a. RWPRCA expressed a need for a stormwater management plan that considers the final conditions of land after removal to be able to accommodate peak floods and rainfall so that areas treated will not erode and deteriorate, which has occurred with areas treated by previous removal actions in the area.
011605
8
b. RWPRCA expressed a need for all traditional cultural properties (i.e., grave sites, remnants of homes, ceremonial grounds, medicinal plants, etc.) in the area to be properly identified and protected prior to future removal actions, including the EDRA and the future NECR Mine removal action. RWPRCA members say that grave sites were disturbed in previous removal actions.
c. Consideration for using renewable energy to power waste removal and disposal at the tailings site is needed. RWPRCA members said they are aware that GE manufactures large-scale wind turbines and other renewable energy systems. Therefore, they recommend that GE and EPA consider using wind or solar power (or both) to generate electricity for electric-powered vehicles to transport wastes from the mine to the tailings to minimize the need for fossil fuel-powered vehicles and risks associated with fuel storage and vehicle maintenance sites.
d. RWPRCA expressed a need for air monitoring throughout the community to establish baseline particulate levels and dust levels during removal actions. RWPRCA notes that the particulate matter (PM) air samplers, maintained by SRIC staff from 2006 until 2010, have been removed.
e. Minimizing tree removal to the greatest possible extent and replanting trees when removal occurs is needed.
f. Revegetation of remediated land to establish a sustainable mix of trees, bushes and grasses similar to pre-mining conditions and growth of vegetation from local, well-acclimated stock is needed. Furthermore, community members would like to reestablish vegetation that was once common in the area and used for food and medicine. Native plants also support other beneficial species that have left the local ecosystem. Residents cite, in particular, the elimination of the “bee plant,” which they say attracts bees that feed on unwanted bugs. They say they now see a proliferation of bugs resulting from the absence of bee plant.
g. Development of a water supply is needed to ensure long-term success of the revegetation programs in Step-Out Area 1. Revegetation of the 2007 TCRA and the 2009-2010 IRA has not been successful because the area does not receive enough rain to permit reestablishment of a native vegetation cover without additional watering. RWPRCA members have identified a capped well, purportedly drilled by UNC in the 1970s and located between the Pipeline Arroyo and the northern extension of Red Water Pond Road, just east of the breached earthen dam. This well could potentially be used as a water source to improve revegetation performance. RWPRCA members and SRIC staff have pointed out this well to EPA and NNEPA personnel and provided latitude-longitude coordinates.
h. RWPRCA expressed a need to better understand revegetation measures instituted by UNC-GE after the 2007 TCRA and 2009-2010 IRA and revegetation goals for the upcoming removal action.
C. Community and Organizational Needs
1. Community Improvement Needs a. A large, portable trash bin is needed to reduce illegal dumping.
011606
9
b. Repair of the outer (north-south) perimeter fence of the cornfield that borders the southeastern corner of the Quivira Mine site, next to the mine-water ponds, is needed.
c. Identification and repair of the physical damage (such as ditches, gullies, pot holes and barren ground) to the areas subject to the 2007 TCRA and the 2009-2010 IRA are needed. In addition, man-made diversion ditches in Step-Out Area 1 are dumping runoff water into the culvert under the cattle guard on the southern extension of Red Water Pond Road, causing localized flooding and exacerbating muddy conditions during rainfall events.
d. Improvements of roads leading to homes on both the northern and southern portions of Red Water Pond Road are needed, especially the north-south section of Red Water Pond Road between State Highway 566 on the south and the gate to the Quivira Mine on the north.
e. Clarification of and specificity for GE’s commitment to make improvements on Pipeline Road (General Electric Co. 2011) is needed.
f. Improvements are needed to existing dirt roads and trails outside of the mining-disturbed areas to permit vehicle access to the top of the mesas located north and south of the RWPR by local residents who have grazing permits and who use these areas for gathering wood and herbs.
g. The bus stop currently sited on the southern extension of Red Water Pond Road next to the mine-water arroyo should be moved to a new location that is farther from sources of contaminated dust to minimize exposure of children.
2. Internal RWPRCA Needs
a. Assurance is needed that EPA, UNC-GE and their contractors know the history of RWPRCA families in the RWPR area and on the mesa above, prior to uranium mining, so that there is a good understanding of human occupancy and historical uses of the area before uranium exploration and mining.
b. Collection and compilation of historic pictures and stories of ancestral occupancy of the lands are needed to share with EPA, the Navajo Nation and UNC-GE.
c. Involvement of RWPRCA youth in trainings, employment opportunities and decision-making is needed.
d. Training is needed in organizational development so that RWPRCA can most effectively work with agencies.
3. Scholarship Needs: In response to GE’s offer of a scholarship to local students (General Electric Co. 2011), RWPRCA members indicated that they need more than one scholarship and would prefer that GE endow a scholarship program that benefits the current and future generations of RWPRCA-area residents. Scholarship needs identified included: a. Scholarships for full-time college students to cover living costs (i.e., room and
board, utilities and meals) while in college. b. Scholarships to cover the costs of books. c. Scholarships to include tuition for enrollment in private pre-school, elementary
and secondary educational institutions as well as higher education institutions.
011607
10
d. Scholarships to include tuition at trade schools, technical colleges and any post-secondary educational institutions that offer certification programs.
4. Housing Options Needs
a. The families’ cultural and historic connections to the land of the area should be recognized and reflected in EPA’s housing options documents. This recognition is based in part on the understanding that final reclamation of the NECR Mine site will take seven to 10 years or more and that reclamation of the Quivira Mine may take even longer.
b. Clarification is needed for the definitions of and differences between “short-term” and “long-term” housing options contained in the December 2011 Housing Memorandum (U.S. EPA 2011d).
c. Clarification is needed of definitions of “primary residence” and “head of household” as discussed at the January 9, 2012, RWPRCA community meeting.
d. EPA’s Voluntary Flexible Housing Options questionnaire needs to be amended to reflect residents’ concerns expressed at the January 9, 2012, community meeting with EPA staff.
e. Residents need an opportunity to review their responses on EPA’s Voluntary Flexible Housing Options questionnaire and to change their responses as needed.
f. Residents seek assurance of the safety and security of homes during EDRA in summer 2012. Residents report that vehicles were broken into during previous removal actions and that vandalism is likely whenever residents are temporarily moved out of their homes.
g. Residents seek assurance, should they avail themselves of short-term, temporary housing options, that their homes will be safe and clean when they return following interim removal actions. Residents reported finding mice infestations and dirty furniture and carpeting after returning to their homes in 2007 and 2010. Mice and accumulations of mouse droppings present the potential for transmission of life-threatening infectious respiratory diseases. Furthermore, dust buildup in homes worsens asthma and respiratory distress among residents, especially the elderly and children.
h. Residents seek assurance that their livestock will be safe and secure during removal actions, noting that they did not feel that their livestock were adequately cared for or protected during the 2007 TCRA and 2009-2010 IRA.
i. Water and forage are needed for livestock during the entire period of temporary housing for residents who decide to relocate on a short-term basis.
j. Priority is needed for modern, low-emission/high-efficiency woodstoves or pellets stoves and energy efficient and renewable energy-powered buildings in housing options.
k. Clarification is needed for U.S. Army Corps of Engineers’ role in housing options assessments.
V. TASC Recommendations
011608
11
In this section, TASC makes recommendations for needs expressed by the community. A important step would be for RWPRCA to request meetings with EPA, Navajo Nation, GE and other entities as needed to discuss how to move forward with particular needs and recommendations. A. RWPRCA’s Urgent Need for Community Meeting and Ceremonial Space As noted above, RWPRCA has already written a letter to the Navajo Nation, EPA and GE requesting a temporary meeting space in the community until a permanent community center can be constructed. This request is based in part on the commitment of GE to provide building materials for a ceremonial hogan or for four hogans (General Electric 2011, page 2). RWPRCA members said they feel more comfortable requesting a single, multi-purpose building that all residents can use, rather than having to decide which families would be given materials for four hogans. Recommendation A.1 ― Convene Meeting to Discuss Community Meeting Space. Based on the RWPRCA’s March 30 letter, TASC recommends that RWPRCA request a meeting with the Navajo Nation, EPA and GE to discuss the process for acquiring short-term and long-term meeting space. TASC further recommends that RWPRCA invite representatives of the relevant Navajo Nation agencies (such as Land Department, Historic Preservation Office, Department of Justice and Abandoned Mine Lands Public Facilities Program) and Chapter Houses ( Coyote Canyon, Churchrock, Pinedale and Standing Rock chapters), to attend this meeting in recognition of their potential roles in developing a community center and to provide the opportunity for good interagency communication. B. Technical Assistance Needs Recommendation B.1 ― Formal Communication with Area Residents (IV.B.1.a-c). TASC recommends that RWPRCA request EPA and NNEPA to provide RWPRCA members with regular updates on design work with UNC-GE and assist RWPRCA with providing comments on technical designs and engineering methods. Recommendation B.2 ― Tour of Community with Agency Representatives (IV.B.1.d). TASC recommends that RWPRCA request the presence of representatives of EPA, NNEPA, other Navajo Nation officials and TASC contractor as deemed necessary, and UNC-GE in a tour of the community, including the Standing Black Tree Mesa area. Recommendation B.3. ― Clarification of GE’s Hiring Commitment (IV.B.1.e). TASC recommends that RWRPCA request UNC-GE to prepare a plan that outlines its commitment to preferential hiring of local residents for positions involved in mine-waste removal actions. This could be done as part of a letter to GE asking for clarification of commitments made by GE in its August 29, 2011, letter to EPA. Recommendation B.4 ― Designation of Liaison to EPA, NNEPA and GE. (IV.B.1.f). TASC recommends that RWPRCA designate one member of the Executive Committee to be in
011609
12
charge of following up on past requests for regulatory documents and to serve as a liaison with EPA, NNEPA and UNC-GE for receiving future documentation. RWPRCA may consider rotating this position among the five-member committee. Recommendation B.5 ― Training and Education (IV.B.2.a-h). TASC recommends that RWPRCA request a meeting with EPA to discuss how the training and educational needs identified can be most effectively prioritized and met. Some options could be as simple as EPA sharing information on specific topics at RWPRCA meetings. Other more specific training needs might require outside technical assistance. Recommendation B.6 ― Group Housing Option (IV.B.3.a). TASC recommends that RWPRCA organize a meeting with EPA, Navajo Nation, US Army Corps of Engineers, and the University of New Mexico’s IDPI program to discuss RWPRCA’s initiative to collaborate with the University of New Mexico’s IDPI program to develop plans and designs for a group housing option consistent with Housing Option 4 of EPA’s Voluntary Flexible Housing Options Memorandum (U.S. EPA 2011d). A plan, conceptual design and budget would be needed to determine if an alternate housing option is feasible and would not preclude any other long-term housing options that residents might select. Recommendation B.7 ― Technical Assistance Reviewing Removal Action Documents. Recognizing that many of RWPRCA’s needs related to the removal action can be expressed during review of and comment on removal action-related technical documents, TASC recommends that RWPRCA request technical assistance in reviewing these documents when they are released. TASC also offers Recommendations B.8 – B.12, which address some specific technical needs related to the removal action. Recommendation B.8 ― Develop Comprehensive Cultural Resource Protection Program that Uses Knowledge of Local Residents (IV.B.4.b). TASC recommends that RWPRCA contact the Navajo Nation Historic Preservation Department to request regulatory oversight to identify, protect and mitigate cultural resources in the area. While cultural resource mitigation is required by law and there will be an independent archaeologist conducting a cultural survey whenever there is a removal action, residents assert that cultural resources have been destroyed or damaged in past removal actions. RWPRCA would like to have a community representative contribute to the cultural surveys and provide a local cultural perspective. Recommendation B.9 ― Use of Renewable Energy in Mine Waste Removal (IV.B.4.c). TASC recommends that RWPRCA request that conceptual technical and engineering designs for moving the NECR Mine waste to the UNC tailings pile consider the use of alternative energies such as wind and solar power and reduce the need for fossil fuel-powered vehicles. Recommendation B.10 ― Air Quality During Removal Actions (IV.B.4.d). TASC recommends that RWPRCA request a meeting with EPA and UNC-GE, in cooperation with NNEPA, to discuss background radiation levels and particulate matter in the area of the NECR and
011610
13
Quivira mines and what new monitoring is needed to determine impacts on air quality and to calculate respiratory dose calculations for local residents during removal actions. Recommendation B.11 ― Use Local Knowledge and Ongoing Maintenance and Monitoring in Revegetation Plans (IV.B.4.a, e, f and g). TASC recommends that RWPRCA request a discussion with EPA regarding the revegetation measures instituted by UNC-GE after the 2007 TCRA and 2009-2010 IRA and revegetation goals for the upcoming removal action. Local residents who have generations of experience observing native plants and trees should contribute their knowledge as well as revegetation specialists familiar with reclamation in Navajo country, such as staff of the Navajo Nation Coal Commission. Furthermore, a third-party scientific evaluation could be helpful to examine successes and failures of maintaining trees, re-establishing native plants on surface-disturbed lands, and addressing effects of stormwater runoff. A goal of the conversation could be to develop informed revegetation plans that include ongoing active maintenance and monitoring that EPA and UNC-GE contractors could use to ensure that revegetation is successful in the RWPR area. If managed watering is needed as part of such a plan, TASC recommends that RWPRCA request NNEPA and the Navajo Department of Water Resources to investigate the feasibility of using the capped well located near Red Water Pond Road as a water supply. A fact sheet explaining past revegetation measures and revegetation goals for the upcoming removal action would assist in community understanding of this issue. C. Community and Organizational Needs Recommendation C.1 ― Placement of Trash Bin in Community (IV.C.1.a). TASC recommends that RWPRCA contact the Navajo Nation and McKinley County to discuss the trash situation in the area along with options for removing the trash. Recommendation C.2 ― Maintenance of Fencing and Drainage Systems (IV.B.2.d and C.1.b-c). TASC recommends that RWPRCA members show EPA, NNEPA and UNC-GE representatives places in the community (such as the easternmost cornfield) that need new or repaired fencing to prevent livestock access to contaminated areas and places where runoff from previous removal areas has resulted in pot holes and erosion of ditches and culverts. TASC further recommends that RWPRCA request EPA and UNC-GE to provide plans to repair these places and to lessen future damage. Recommendation C.3 ― Comprehensive Assessment of Existing Road Conditions and Plan for Road Improvements (IV.C.1.c,d,e and f). TASC recommends that RWPRCA contact EPA and all applicable agencies of the Navajo Nation, state of New Mexico and McKinley County to discuss the agencies assessing the conditions of all existing roads within the NECR and Quivira mines-impacted areas and developing plans to improve these roads, including Red Water Pond Road and Pipeline Road. Ideally, such an assessment would provide a working schedule for implementation of GE’s commitment to improve the portion of Pipeline Road that traverses the UNC-GE restricted area in Section 2 and Section 36. Such an assessment could also examine anticipated impacts to State Highway 566 and could include an evaluation of the potential for realignment of State Highway 566 beyond its current
011611
14
terminus at the NECR Mine entrance. The need for major improvements in existing roads in the area has been identified as a high priority by RWPRCA since at least 2006. Recommendation C.4 ― Relocation of Bus Stop (IV.C.1.g). TASC recommends that RWPRCA request that EPA and UNC-GE conduct appropriate radiological surveys and soil tests for heavy metals around the current school bus stop on South Red Water Pond Road next to the unnamed mine-water arroyo and along all parts of Red Water Pond Road over which school children walk daily to the bus stop. Such surveys and tests are needed to determine environmental exposures to children. TASC further recommends that RWPRCA members meet with representatives of McKinley County Schools, McKinley County Roads Department, Navajo Nation and Bureau of Indian Affiars to assess options for moving the bus stop from its current location on South Red Water Pond Road to a location farther from Step-Out Area 1. Recommendation C.5 ― Community Education of Agency and Responsible Party Representatives (IV.C.2.a-b). To ensure that the regulatory agencies and responsible parties are informed about and understand the history of human occupancy of the area, TASC recommends that RWPRCA develop and provide a presentation and written overview of the community’s history to agency and responsible party representatives, and to provide this presentation for all new agency and responsible party representatives (including contractors) working on the NECR Mine cleanup. Recommendation C.6 ― Scholarship Needs (IV.C.3). TASC recommends that RWPRCA request that GE work with the RWPRCA to develop a mutually beneficial scholarship program that is adequately endowed financially and meets the community’s goal of providing educational opportunities to current and future generations of RWPR and Pipeline Road families and their children. As stated in Recommendation B.3, this could be done as part of a letter to GE asking for clarification of commitments made by GE in its August 29, 2011, letter to EPA. Recommendation C.7 ― Preparation and Dissemination of a Red Water Pond Road Community History (IV.C.4.a). TASC recommends that RWPRCA pursue technical assistance for preparing, publishing and disseminating a document describing the history of the Red Water Pond Road community, including the Pipeline Road community to the east, and that a summary of this history be incorporated in the design and implementation of housing options. TASC further recommends that this history be videotaped and summarized in a PowerPoint presentation so that it is more readily available to the public and can be used in a variety of educational settings, including in the presentations to agency and responsible party staff and consultants recommended in Recommendation C.5 above. TASC also recommends that RWPRCA develop collaborations with academic institutions and agencies in the region (such as the University of New Mexico Gallup branch, Diné College or the Navajo Nation Department of Diné Education) to ensure that the historical account of the community involves Navajo students in its preparation and distribution and meets accepted academic standards. This technical assistance could be provided by a university or a documentary film maker.
011612
15
Recommendation C.8 ― Clarifications of Definitions in Housing Options Document (IV.C.4.b and c). TASC recommends that RWPRCA request a discussion with EPA to review members’ requests for clarifications in the definitions of short-term and long-term housing options and “primary residence” and “head of household.” Recommendation C.9 ― Amendments to Housing Questionnaire (IV.C.4.d and e). TASC recommends that RWPRCA request a discussion with EPA to review and modify, if necessary, their answers to EPA’s Flexible Voluntary Housing Options questionnaire. Recommendation C.10 ― Safety and Security of Homes During Removal Actions (IV.C.f-g). TASC recommends that RWPRCA request a meeting with EPA and its housing contractors to discuss how homes will be kept secure, clean and free of rodent and bug infestations during removal actions. Recommendation C.11 ― Care of Livestock During Removal Actions (IV.C.h-i). TASC recommends that RWPRCA members who have livestock request a meeting with EPA and its housing contractors to discuss how livestock will be secured, protected and watered during removal actions, or in the alternative, how livestock will be moved to alternate grazing areas during removal actions. Recommendation C.12 ― Utilization of Energy Efficiencies and Renewable Energy Applications in Housing Options (IV.C.j, k). TASC recommends that RWPRCA communicate with EPA and its housing contractors that they would like to incorporate the use of energy efficient appliances and heating/cooling sources and renewable energy applications, such as solar and wind power, in housing designs provided to residents on a long-term basis pursuant to the Uniform Relocation Assistance Act. RWPRCA would like to specifically discuss the feasibility of renewable energy (particularly through a wind turbine) being part of a proposal for the new community development they are working on with the University of New Mexico’s IDPI program.
011613
16
Bibliography (in reverse chronological order)
TASC Meeting Summary of RWPRCA community meeting, April 11, 2012. TASC Meeting Summary of RWPRCA Executive Committee meeting, March 30, 2012. Nuclear Regulatory Commission. United Nuclear Corporation Uranium Mill Site Summary, SUA-1475, March 29, 2012. Available at: http://www.nrc.gov/info-finder/decommissioning/uranium/united-nuclear-corporation-unc-.html. TASC Meeting Summary of RWPRCA community meeting, March 20, 2012. TASC Meeting Summary of RWPRCA Executive Committee meeting, March 7, 2012. TASC Summary of Monthly Conference Call with U. S. EPA staff, February 29, 2012. TASC Meeting Summary of RWPRCA Executive Committee meeting, February 27, 2012. TASC Meeting Summary of RWPRCA community meeting, February 8, 2012. TASC Summary of Monthly Conference Call with U.S. EPA staff, January 27, 2012. TASC Meeting Summary of RWPRCA Executive Committee meeting, January 9, 2012. U.S. EPA 2011d. “Voluntary Flexible Housing Options for Impacted Residents at the Northeast Church Rock Mine Site.” U.S. EPA Region 9, December 2011. TASC Summary of Monthly Conference Call with U.S. EPA staff, November 4, 2011. U.S. EPA 2011c. Action Memorandum: Request for a Non-Time-Critical Removal Action at the Northeast Church Rock Mine Site, McKinley County, New Mexico, Pinedale Chapter of the Navajo Nation. U.S. EPA Region 9, September 29, 2011. Available at: http://yosemite.epa.gov/r9/sfund/r9sfdocw.nsf/3dc283e6c5d6056f88257426007417a2/da385d730c752bb98825791a006e62c9!OpenDocument. U.S. EPA 2011b. Action Memorandum: Request for time-critical removal action at NECR site drainage east of Red Water Pond Rd (Step Out Area #2), with attachments; September 26, 2011. Available at: http://yosemite.epa.gov/r9/sfund/r9sfdocw.nsf/ 3dc283e6c5d6056f88257426007417a2/aa2d16306d409bab8825791a006e5760!OpenDocument. U.S. EPA 2011a. “Northeast Church Rock Mine Site Cleanup ― Community Update,” U.S. EPA Region 9, September 2011.
011614
17
General Electric Co. 2011. “NECR Mine: Clarification of GE/UNC Commitment Associated with EECA Alternative 5A.” Letter to Clancy Tenley, U.S. EPA Region 9, from Randall McAlister, General Electric Co., August 29, 2011 (“GE Commitments Letter”). RWPRCA 2011. “Conceptual Plan for Uranium Mine Cleanup and Community Restoration,” November 2010, revised February 2011. U.S. EPA 2010. “Northeast Church Rock Quivira Mines.” Available at: http://yosemite.epa.gov/r9/sfund/r9sfdocw.nsf/3dec8ba3252368428825742600743733/22a4a391459e47b08825784d007ee6fd!OpenDocument. U.S. EPA 2009b. Action Memorandum: Request for a Time-Critical Removal Action at the Northeast Church Rock Step-Out Area, McKinley County, New Mexico, Navajo Nation Indian Reservation. Region 9, July 23, 2009. Available at: http://yosemite.epa.gov/r9/sfund/r9sfdocw.nsf/3dc283e6c5d6056f88257426007417a2/7f6338636b59528d8825760000620df5/$FILE/NECR_IRA_Action%20Memo%207.23.09.pdf. RWPRCA 2009. “Red Water Pond Road Community Association Comments on EPA's May 30, 2009 Engineering Evaluation and Cost Analysis”, June 23, 2009. Available at: http://yosemite.epa.gov/r9/sfund/r9sfdocw.nsf/3dc283e6c5d6056f88257426007417a2/ff836869c9a8d80e882577b20059884d!OpenDocument. U.S. EPA 2009a. Northeast Church Rock Mine Engineering Evaluation and Costa Analysis (EE/CA) and Appendices. U.S. EPA Region 9 Superfund Program, June 1, 2009. Available at: http://yosemite.epa.gov/r9/sfund/r9sfdocw.nsf/ 3dc283e6c5d6056f88257426007417a2/f453d4346e384945882575cf007fd4bf!OpenDocument. SRIC 2007. Southwest Research and Information Center. Report of the Church Rock Uranium Monitoring Project (CRUMP), sponsored by Church Rock Chapter, Navajo Nation, May 2007. U.S. EPA 2007. Action Memorandum: Request for a Time-Critical Removal Action at the Northeast Church Rock Residential Site, McKinley County, New Mexico, Navajo Nation Indian Reservation. Region 9, April 18, 2007. Available at: http://yosemite.epa.gov/r9/sfund/r9sfdocw.nsf/3dc283e6c5d6056f88257426007417a2/fe7c70a192f95dca8825735d002c0596/$FILE/ActionMemo_4.18.07.pdf. RWPRCA 2006. “Resolution of Residents of Red Water Pond Road and Pipeline Canyon Road Concerning Proposed Assessment and Cleanup of the United Nuclear Corp. Northeast Church Rock Mine, Navajo Nation, McKinley County, New Mexico,” August 11, 2006. Additional technical and administrative documentation for the Northeast Church Rock Mine can be accessed on the U.S. EPA website, http://www.epa.gov/region09/superfund/ navajo-nation/ne-church-rock-mine.html.
011615
18
TASC Contact Information TASC Technical Advisors Chris Shuey, Paul Robinson Southwest Research and Information Center 505-262-1862 [email protected], [email protected] Skeo Solutions TASC Work Assignment Manager Krissy Russell-Hedstrom 719-256-6701 [email protected] Skeo Solutions TASC Program Manager Michael Hancox 434-989-9149 [email protected] Skeo Solutions Director of Finance and Contracts Briana Branham 434-975-6700 ext. 232 [email protected] Attachment A Follows on Next Page
011616