Pinon Ridge Hearing Transcripts Part 6

AGREN BLANDO COURT REPORTING & VIDEO INC
1389
JUDICIAL ARBITER GROUP
JAG No. 12 A 1318
__________________________________________________
REPORTER'S TRANSCRIPT OF HEARING, VOLUME VII
November 13, 2012
__________________________________________________
IN RE: THE APPLICATION OF ENERGY FUELS RESOURCES,
INC. FOR A RADIOACTIVE MATERIALS LICENSE FOR THE
PINON RIDGE URANIUM MILL
__________________________________________________
PURSUANT TO NOTICE to all parties in

interest, the above-entitled matter resumed for
hearing before Honorable Richard W. Dana on Tuesday,
November 13, 2012, beginning at 8:37 a.m., at
1045 Main Street, Nucla, Colorado, before Janet Lee
Priestley, Registered Professional Reporter and
Notary Public within and for the State of Colorado.
Court Reporting Videography Digital Reporting Transcription Scanning Copying

Denver (303) 296-0017 Boulder (303) 443-0433 Colorado Springs (719) 635-8328 Greeley (970) 356-3306
1390
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
APPEARANCES:
FAEGRE BAKER DANIELS, LLP
By James R. Spaanstra, Esq.
Olivia D. Lucas, Esq.
1700 Lincoln Street, Suite 3200
Denver, Colorado 80203
ENERGY FUELS RESOURCES
By Curtis H. Moore, Esq.
Director of Communications & Legal
Affairs
44 Union Boulevard, Suite 600
Lakewood, Colorado 80228
Appearing on behalf of Energy Fuels
Resources.
TRAVIS STILLS, ESQ.
Energy Minerals Law Center
1911 Main Avenue, Suite 238
Durango, Colorado 81301
and
JEFFREY C. PARSONS, ESQ.
Western Mining Action Project
P.O. Box 349
Lyons, Colorado 80540
Appearing on behalf of Sheep Mountain
Alliance.
MATT SANDLER, ESQ.
Rocky Mountain Wild
1536 Wynkoop Street, Suite 303
Appearing telephonically on behalf of
Rocky Mountain Wild, Center for
Biological Diversity, and Colorado
Environmental Coalition.
OFFICE OF THE ATTORNEY GENERAL
By Jerry W. Goad, Esq.
First Assistant Attorney General
1525 Sherman Street, 7th Floor
Appearing telephonically on behalf
of Colorado Department of Public
Health and Environment.
25
1391
1
2
3
APPEARANCES:
(Continued)
ROBERT LOUIS GROSSMAN, PhD

6215 Baseline Road
Boulder, Colorado 80303
Party in Interest
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25

1392
1
2
3
4
5
I N D E X
WITNESSES
FRANK FILAS
Redirect Examination by Ms. Lucas
Recross-Examination by Mr. Stills
Recross-Examination by Dr. Grossman
Redirect Examination by Ms. Lucas
Further Recross-Exam by Mr. Stills
PAGE
1,394
1,405
1,408
1,411
1,412
6
7
8
ROBERT L. GROSSMAN
Direct testimony
Cross-Examination by Mr. Spaanstra
Cross-Examination by Mr. Stills
Cross-Examination by Mr. Sandler
1,416
1,450
1,469
1,482
9
10
11
12
13
14
15
16
17
18
RANDY BARNES
Direct testimony
Cross-Examination by Dr. Grossman
1,487
1,501
1,503
KIMBERLY F. MORRISON
Direct Examination by Mr. Spaanstra
Voir Dire Examination by Mr. Stills
Direct Exam resumed by Mr. Spaanstra
Cross-Examination by Mr. Sandler
Recross-Examination by Dr. Grossman
Recross-Examination by Mr. Stills
1,512
1,514
1,515
1,536
1,564
1,571
1,576
1,577
ROMAN POPIELAK
Direct Examination by Ms. Lucas
1,578
1,595
1,599
SANDRA L. GOODMAN
Direct Examination by Mr. Moore
Voir Dire Examination by Mr. Stills
Direct Examination resumed by Mr. Moore
1,612
1,614
1,616
1,627
1,640
19
20
21
22
23
CLOSING STATEMENT
PAGE
24
By Dr. Grossman
By Mr. Stills
By Mr. Sandler
1,652
1,654
1,659
25

1393
1
I N D E X (Continued)
SMA EXHIBITS
ADMITTED
Exhibit 32 9-20-12 Caroline Lee E-mail
1,580
Exhibit 33 9-19-12 Golder Associates report
1,580
Exhibit 34 One-page summary of sections of

the application
1,580
6
7
ENERGY FUELS EXHIBITS
8
Exhibit 3 Kimberly Morrison's report
1,516
9
10
DR. GROSSMAN'S EXHIBITS
11
Exhibit 1
Dr. Grossman's opening statement
1,414
Exhibit 2
Document prepared by Dr. Grossman
1,427
12
13
14
15
16
17
18
19
20
21
22
23
24
25

1394
1
P R O C E E D I N G S
2
3
HEARING OFFICER:
witness.
4
5
Ms. Lucas, it's your
REDIRECT EXAMINATION
BY MS. LUCAS:
Good morning, Mr. Filas.
Yesterday we
heard a lot of questions of you, and so this morning
I'm just going to do some redirect on you, sort of
touch on some points that were raised yesterday.
10
11
MR. STILLS:
I'm
sorry.
12
13
I can hardly hear.
MS. LUCAS:
I'll wait for that to shut
off.
14
(By Ms. Lucas)
Okay.
Yesterday we heard
15
some talk about alternate feed delivered to the mill.
16
I want to be -- just to clarify, given the current
17
position of the license application, is Energy Fuels
18
expecting CDPHE to issue a license allowing Energy
19
Fuels to process alternate feed at the Pinon Ridge
20
mill?
21
No.
22
We also heard about the Whirlwind mine and
23
your involvement there with the water treatment
24
system.
Mr. Stills showed some documents on the
25
screen.
What were those?

1395
1
Those were monthly discharge reports to
CDPHE's Water Pollution Control Division in which we
relayed the monitoring results from the water
treatment system.
And Energy Fuels wasn't cited for any
violation of its discharge permit at the Whirlwind
mine, was it?
That's correct.
We heard some talk about different types
10
of tailings; paste tailing, which are also referred
11
to as dry stock tailings, and we heard that the
12
environmental report did not analyze these paste
13
tailings and that they also were not included in your
14
application.
15
Why not?
Probably two reasons, more than anything
16
else.
17
very thick so they're a very -- they're a maintenance
18
headache, trying to pump these type of materials.
19
The other probably more compelling reason was that we
20
felt strongly conventional tailings with a water
21
cover was better at reducing radon emissions than
22
having up to 10 acres of dry tailings exposed to the
23
environment.
24
25
One is paste tailing, as the name implies, are
You've also testified that Energy Fuels is
seeking an air permit from the Air Pollution Control

1396
1
Division in a separate process.
for a mill for a thousand tons per day.
That air permit is

Why?
When we initially met with these folks, we
told them that we were initially going to process
500 tons per day.
future plans?
expand it to a thousand tons per day.
indicated under the EPA rules that they adopted that
they would prefer to permit for a thousand tons per
And they said, Do you have any
And we said that we would like to

And they
10
day so that they could verify what our final size of
11
the mill might be.
12
There's a difference between having a
13
minor source and a major source.
14
major source, then there's more restrictive controls
15
on you.
16
also a minor source, but that is the way that the
17
Water Pollution Control Division -- excuse me -- the
18
Air Pollution Control Division would -- that's what
19
their regulations dictated.
20
21
22
And if you are a
It ended up the thousand tons per day was
Okay.
So essentially your overpermitted
on the air side?

A
That's correct.
But as you're aware, as
23
far as other permits like with the radiation program
24
or with the county, we're limited to an average of
25
500 tons per day.
And those are the -- we have to go

1397
1
2
by our most restrictive permits.

Q
Assuming that the radiation program of
CDPHE approves the radioactive materials license for
the 500-ton-per-day mill that's being talked about in
this proceeding, if Energy Fuels wanted to expand
operations to a thousand tons per day, isn't it true
that you'd have to go through this entire radiation
program, CDPHE licensing process again?
Well, we wouldn't necessarily have to --
10
we'd maybe do baseline studies.
11
certainly have to amend our license application and
12
look at the additional impacts associated with the
13
larger facility.
14
amend our special use permit with the county.
15
16
17
18
19
But we would
We would also have to go back and
There's a lot more licensing to be done if
you're planning to expand?

A
Exactly.
We're limited to 500 tons per
day if we're approved.

Q
Okay.
Moving to a different area,
20
yesterday Mr. Stills asked you some questions about
21
the surety bond with CDPHE, And he asked you about
22
the Ames Construction estimate for surety up on the
23
screen.
24
by Energy Fuels or for Energy Fuels?
25
Were any other external estimates performed
Yes.
There were two others; one by U.S.

1398
1
Reclamation, which is a very detailed estimate, and
other one was done by KGL.
And ultimately with the previous license
application, Energy Fuels proposed an $11 million
bond.
Why?
13 million.
8
9
U.S. Reclamation's estimate was
MR. STILLS:
Your Honor, if I may object,
I think we're testifying to new facts not in evidence
10
anywhere that I know of.
11
should have been disclosed.
12
13
MS. LUCAS:
MR. STILLS:
15
MS. LUCAS:
19
20
21
Did you look at all the
I did.
Are they in there?
I think they should be.
But
if they're not, we can get them to you.
17
18
I've never seen them.
produced documents?
14
16
U.S. Reclamation and KGL
MR. STILLS:
I guess I'll have recross,
then.
HEARING OFFICER:
Which documents?
Are
they in the record?

MS. LUCAS:
Apparently not because
22
apparently they're not within the documents that
23
Mr. Stills --
24
MR. STILLS:
It's your record.
25
that's why I made the objection.
I mean,
We're moving into a

1399
1
whole new line of testimony.
2
3
MS. LUCAS:
Okay.
We'll move on.
We can
stop talking about that.
(By Ms. Lucas)
Energy Fuels entered into
a settlement agreement with the Town of Telluride and
San Miguel County; is that correct?
That's correct.
And in that settlement agreement Energy
Fuels agreed that it would post a surety of no less
10
than $15 million if a license issued; isn't that
11
right?
12
That's correct.
13
And also, if a license issues, a
14
radioactive material license issues, CDPHE will
15
review the surety amount every year; isn't that
16
correct?
17
That's correct.
18
Moving on, Dr. Grossman asked you some
19
questions last night about the transportation of ore
20
and reagents to and from the site.
21
that?
Do you recall
22
Yes.
23
Where does the application documents --
24
where do the application documents address
25
transportation issues?

1400
1
There's three places.
One is in Volume 3.
We have a mine operations plan.
outlined what our ore haulage would look like on
average over the life of the mill, the number of
trucks.
a generic one, for ore haulage.
hire contractors to do this work, they have to come
up with their own plan.
substantial plan that could form the basis for their
10
And that plan
We also included an emergency response plan,

Again, since we
But we gave them a pretty
plans, if they wanted to.
11
We also in -- Volume 14, I believe, is the
12
permanent access permit application and traffic
13
study.
14
with the 1,000-ton-per-day mill.
15
we did for a thousand tons per day because we
16
obviously didn't want to build the new access and
17
then have to tear it up and make it bigger or longer
18
so we permitted for the most extreme case there.
19
there's a traffic study in there that talks about the
20
traffic volumes and frequencies.
In that we looked at the traffic associated
21
Again, this was one
So
And finally, the environmental report
22
looked at transportation and transportation impacts
23
in detail.
24
the application.
25
And so those are the three locations in
MS. LUCAS:
Okay.
And for the record,

1401
1
Your Honor, in our multidisk set that you have,
Volume 14 -- actually, all of that is on the first
disk, Disk 1.
before, there are many folders, and they're each
labeled disk something.
labeled Disk 15, and the mine operation plan is in
the disk -- in the folder labeled Disk 4.
8
9
Within that disk we talked about
Volume 14 is in the folder
(By Ms. Lucas)
So there's discussion in
the application documents about transportation.
Can
10
you explain some of the shipping standards for ore,
11
yellowcake, and reagents that were agreed to in the
12
settlement agreement with Telluride and San Miguel
13
County?
14
Okay.
I've got Exhibit A from that
15
settlement agreement in front of me, and I'll name a
16
few.
17
just hit the big ones.
18
shall be limited by the size of the trailer and
19
weight restrictions imposed by any local or state
20
agencies on the roads to be traveled.
21
leaving the site," the mine sites -- or maybe this is
22
the mill.
23
be scanned periodically to verify gamma exposure
24
rates are not in excess of regulatory limits.
25
truck and trailer shall be visually inspected to be
There's quite a few requirements here.
We'll
"The tonnage to be shipped
Prior to
"Prior to leaving the site, trucks shall
The

1402
1
sure the load is secured, covered, and there's no
leakage from the bed and there is no loose ore on the
vehicle.
times when containing uranium ore and when emptying
by the use of a tarpaulin or other suitable cover.
6
7
The trailer must be kept closed at all
Okay.
Dr. Grossman also asked about the
emergency response plan.
Do you recall that?
Yes.
And can you -- let me rephrase.
10
11
12
The application contains an emergency

response plan, doesn't it?
A
Yes.
Again, we have an emergency response
13
plan for the mill which also includes supporting any
14
sort of transportation accident in the vicinity of
15
the mill.
16
MS. LUCAS:
Okay.
And I guess for the
17
record, just to point out where this is, it's in
18
Volume 12 of the application.
19
it's on Disk 1 in the folder labeled Disk 13 A,
20
Appendix 3, Volume 12 replacement.
21
a blank disk in our original set.
22
23
24
25
DR. GROSSMAN:
Again, in our record
Apparently we had
Could you say that again,
please.
MS. LUCAS:
Sure.
So online if you go
under "Applications and Documents," it's very clearly

1403
1
labeled under Volume 12.
place to find it for the public and citizens.
this proceeding we also had disks of the record that
was before the district court.
the first disk.
folders in it, and each of those folders is labeled
disk something, Disk 1, Disk 2.
folder Disk 13 A.
11
MS. LUCAS:
Q
In
And in that, it's on
And then that disk has a bunch of
DR. GROSSMAN:
10
That's probably the easiest
And so it's in the
Thank you.
Absolutely.
(By Ms. Lucas)
So the emergency response
12
plan is in the application documents.
13
settlement agreement also contains more details about
14
emergency response, doesn't it?
15
Yeah.
And the
It has quite a few details.
Again,
16
I'll just hit some of the highlights.
I won't -- I
17
believe all this is in the record so I don't
18
necessarily need to read it all.
19
response plan along with the applicable emergency
20
response guidelines shall contain the following
21
information: the basic description and technical name
22
of the hazardous material, immediate hazards to
23
health, risks of fire or explosion, immediate
24
precautions to be taken in the event of an accident
25
or incident, immediate methods of handling fires,
"The emergency

1404
1
initial methods for handling spills or leaks in the
absence of fire, preliminary first aid measures.
"All shipments shall include appropriate
documentation and onboard shipping papers.
The
carrier shall have detailed emergency response plans
including emergency contact information.
event of an accident, emergency response may include
the following:
be contacted and dispatched to the scene to ensure
In the
A representative of Energy Fuels will
10
proper handling of the accident.
11
capable, shall be responsible for the accident scene
12
until emergency responders arrive.
13
response team shall be dispatched to the site.
14
emergency responders, including local fire and law
15
enforcement, may be dispatched to the accident, as
16
appropriate.
17
for potential hazards including injuries, fire, fuel,
18
spills, down power lines, traffic hazards, and
19
proximity to bodies of water.
20
shall be abated, injured people shall be treated, and
21
traffic control shall be established."
22
The driver, if
An emergency
Other
The accident scene shall be assessed
Immediate hazards
I'm going to skip some of these here.
23
think you get the idea.
"After spilled material is
24
removed" -- this is referring to ore or yellowcake --
25
a scintillometer or gamma meter shall be used to

1405
1
identify any additional hot spots of residual
material for cleanup.
completed until the area is at or near background
levels of radiation.
the accident, one or more state and federal agencies
shall be notified."
you get the idea.
8
9
18
But I think
That's all I have.
Recross?
We skipped the
material, as I understand it, about these estimates.

MS. LUCAS:
That's right.
That was
withdrawn.
MR. STILLS:
And I just want to ask a
couple quick questions.
16
17
Okay.
HEARING OFFICER:
14
15
Again, it goes on.
Thank you.
12
13
Depending on the severity of
MS. LUCAS:
10
11
The cleanup shall not be
RECROSS-EXAMINATION
BY MR. STILLS:
Q
There are additional bonding estimates
19
that Energy Fuels had in its possession other than
20
the Ames Construction; is that correct?
21
MS. LUCAS:
Objection.
22
withdrew this line of questioning.
23
intent.
24
25
MR. STILLS:
detail on it.
I thought we
That was my
I objected to going into
The fact that they exist I didn't

1406
1
object to.
2
3
MS. LUCAS:
questioning.
4
5
HEARING OFFICER:
asked and answered.
6
7
I withdrew the line of
It's responsive.
MR. STILLS:
Q
Well, this question was
Okay.
(By Mr. Stills)
So it's in the record.
And the emergency
response plan only offer covers accidents that could
happen near the mill; is that correct?
10
No.
Our mill responders would go to a
11
spill if it occurred within the general area.
12
other words, if it's an ore truck hauling to the
13
mill, we would be there.
14
yellowcake truck that is, say, in Indiana and it has
15
an accident, we would send a representative, but
16
they're required to have their own emergency response
17
team on call 24/7 to respond.
18
little too far for us to be of much use other than to
19
send a representative and make sure that the cleanup
20
was done properly.
21
22
23
24
25
In
But, for example, if it's a
In that case it's a
But shipping yellowcake to a buyer is
integral to your business, is it not?

A
It becomes the buyer's property at the
mill so it is -Q
Somebody else's problem?

1407
1
It is primarily their responsibility.
Call the fire department in Indiana.
the fire department over there.
about it.
the plan that somebody else will take care of it.
That's correct, right?
Call
We're not concerned
We're just going to assume for purposes of
That's not what I said.
Is my characterization correct?
No.
I said that we would send our
10
representative who would look over the shoulder of
11
their emergency response team and ensure that the
12
work, the cleanup, was done correctly.
13
14
15
And is the adequacy of anyone's response
team analyzed in the environmental report?

A
We do not look specifically at emergency
16
response teams for our contractors because they
17
obviously have to select their contractor when they
18
obtain a contract with us, and that has not happened
19
because the mill has not been built.
20
something that when we sign a contract with people,
21
we ensure that they have in place an emergency
22
response team.
23
24
25
This is
But you anticipate signing contracts with
people to do this shipping?

A
Correct.

1408
1
MR. STILLS:
HEARING OFFICER:
DR. GROSSMAN:
HEARING OFFICER:
5
6
7
No further questions.
Dr. Grossman?
I have a question.
Yes.
RECROSS-EXAMINATION
BY DR. GROSSMAN:
Q
With respect to this emergency response
and transportation and your relationship with the
Colorado Department of Transport, there's been a
10
little bit of news around here in the last month
11
about an asphalt spill out at in Dry Creek Basin that
12
went unnoticed until the sheriff just happened to be
13
taking a ride out there on his motorcycle on the
14
weekend and saw it, videoed it, raised hell about it,
15
and got it cleaned up.
16
problem was, A, they didn't know what the material
17
was; and B, there was some kind of permitting that
18
had to go on between the San Miguel -- the cleanup
19
people and the Department of Transport, and that kind
20
of fell through the cracks.
21
the emergency response world what kind of
22
conferencing or communication you've had with the
23
Department of Transport so that we don't have to wait
24
two weeks to get a cleanup done just because of
25
bureaucracy?
And it turned out that the
So could you tell us in

1409
1
As you mentioned, one of the things that
we did when we put together the emergency response
plan was to contact the local responders.
Department of Transportation was obviously in there.
We set up preliminary plans so that later, once the
facility is constructed, we would do training
exercises and would have -- at that point in time
we'd have updated contact lists.
lists in there now, but we would certainly -- we've
Colorado
We do have contact
10
committed to doing training and working with outside
11
responders to make sure we have a coordinated effort
12
on any emergency response situation.
13
Thank you.
I guess my concern is that the
14
Department of Transport, I guess, is the final
15
arbiter on what goes on on the roads here.
16
just concerned, as a citizen, whether Montrose County
17
and San Miguel County, Delta, Grand, and Mesa, the
18
surrounding counties to this road, to this mill,
19
would have adequate response teams to go out into
20
these remote areas and pull a truck full of uranium
21
ore out of a ditch 50 feet deep with it spread all
22
the place and maybe a dead driver, God forbid, so
23
that nobody really knew about it until he didn't show
24
up at the mill.
25
nothing that you-all can do about it except insist
This concerns me.
And I'm
And there's

1410
1
that you have adequate response teams 24/7 sitting
around like at the fire station, ready to take care
of this dangerous material while it's on the road.
Is that a question?
Yeah.
Do you have -- have you
communicated with these sheriff departments to ensure
that they have or will have an adequate number of
response teams or response capability to take care of
these accidents away from the mill?
I understand
10
that you've got it covered maybe within a few miles
11
of the mill, but away from the mill?
12
As I mentioned, we will have our ore
13
haulage trucks covered by our emergency response
14
team.
15
that are more -- have larger populations such as Mesa
16
County, they have emergency response teams of their
17
own.
18
In some cases, with some of these counties
In the more rural areas you're looking at
19
voluntary response teams.
However, in our case, if a
20
contractor hauling ore would have an accident, we
21
would have our response team there.
22
not sitting around at a fire station, waiting to be
23
called.
24
been trained, and they'll be available whether
25
they're on-shift or off-shift if there's an accident.
And no, they are
They're people who work at the mill who have

1411
1
DR. GROSSMAN:
MS. LUCAS:
clarify some of this.
4
5
6
I'm through.
If I may, just a few points to
FURTHER REDIRECT EXAMINATION

BY MS. LUCAS:
Q
I was just referring to Exhibit A again.
Some of the points on there might address
Dr. Grossman's questions.
at Page 2 --
10
11
DR. GROSSMAN:
Excuse me.
MS. LUCAS:
13
DR. GROSSMAN:
14
MS. LUCAS:
MR. STILLS:
MS. LUCAS:
19
MR. STILLS:
21
22
I'm sorry.
Exhibit A to the settlement
For my clarity -- I'm sorry.
Is he looking at Exhibit A right now?
18
20
Yes.
agreement with San Miguel and Telluride.
16
17
Are we talking
about the settlement with --
12
15
Frank, if you could look
Yes, he is.
Okay.
(By Ms. Lucas)
Second page, eighth bullet
point, can you read that for us.

A
"The emergency response plan must clearly
23
define who is responsible for each type of emergency
24
response action."
25
Moving down that page, two bullets down

1412
1
after the --
"Mine safety personnel shall provide
training to carrier personnel for the proper loading
and transportation of ore."
And the last bullet on that page?
"A record of current carrier providing
training shall be maintained by the transportation
contractor for every employee of the contractor."
9
10
11
Okay.
On the next page, the eighth bullet
"All shipments shall be transported by
down.
12
personnel who are certified and trained to transport
13
hazardous materials."
14
Okay.
And the last point I want to bring
15
out -- and I think this goes to the sort of waiting
16
around the fire station scenario -- if you could go
17
to the eleventh bullet, three down.
18
19
"All shipments shall be supported by an
emergency response team in the event of an accident."
20
MS. LUCAS:
21
MR. STILLS:
22
sections of that.
23
24
25
That's all I have.

I believe there were two
I have one question, if I may.
FURTHER RECROSS-EXAMINATION
BY MR. STILLS:
Q
You talked about mine safety and ore

1413
1
haulage; is that correct?
I just read that, yes.
And that's part of the application that we
have here?
6
7
There is an emergency response plan in the
appendix to the mine operations plan.

Q
And the emergency response plan that you
just described addresses activities taking place on
federal public lands; is that correct?
10
If it occurs on federal public lands,
11
there would be a remedial -- or there would be a
12
response, yes.
13
But the plan that you have and that you've
14
just described addresses activities on federal public
15
roads and federal public mine sites; is that correct?
16
17
and other roads.
18
19
As well as private roads, state highways,
MR. STILLS:
Would you read my question
back, please.
20
Listen carefully, and answer specifically.
21
(Last question read.)
22
Yes.
23
MR. STILLS:
24
HEARING OFFICER:
25
Thank you.
Nothing further.
Thank you.
Wait a
minute.

1414
1
Mr. Sandler, do you have questions?
MR. SANDLER:
Mr. Filas.
Nothing further for
Thanks, Judge.
HEARING OFFICER:
Dr. Grossman, do you
want a break before you start, or do you want to go
ahead?
7
8
DR. GROSSMAN:
I can go ahead, if you
want.
HEARING OFFICER:
The chair's yours.
10
you want to testify from there or up here?
11
need your computer?
12
DR. GROSSMAN:
13
HEARING OFFICER:
14
Do
Do you
No.
Okay.
Why don't you
come up here, then.
15
DR. GROSSMAN:
I'm sorry.
I would like to
16
first put in my opening statement as testimony or as
17
Exhibit 1, I guess.
18
19
20
21
HEARING OFFICER:
copy of it?
DR. GROSSMAN:
I sent you a copy by
E-mail, and I can get a written copy to you.
22
HEARING OFFICER:
23
MS. LUCAS:
24
HEARING OFFICER:
25
Do you have a written
Is there an objection?
I'm sorry?
Dr. Grossman wants to
submit his opening statement as an exhibit.

1415
1
2
MS. LUCAS:
Oh, his opening statement?
objection.
MR. STILLS:
MR. GOAD:
MS. LUCAS:
No objection.
No objection.
I'm sorry.
Just to clarify,
this is the same one that you circulated --
DR. GROSSMAN:
MS. LUCAS:
No
At the very beginning.
At the very beginning, a week
ago, right?
10
DR. GROSSMAN:
11
MR. SPAANSTRA:
Right.
Well, Your Honor, we've
12
indicated this proceeding is different than maybe any
13
that we've ever participated in.
14
that he was testifying in his opening statements so I
15
think this affirms that.
16
17
HEARING OFFICER:
It may void your
objection.
18
DR. GROSSMAN:
19
HEARING OFFICER:
20
I think I noted
I took that into account.

All right.
I will make
sure I print it and mark it as an exhibit.
21
(Grossman Exhibit 1 admitted.)
22
DR. GROSSMAN:
Given what I'm about to
23
say, it's as an exhibit, as well so, it's available.
24
I've broken this into basically kind of an outline
25
and then a discussion of that outline to some degree,

1416
1
taking a lot of latitude with it.
of the state of Colorado and a resident of --
3
4
HEARING OFFICER:
your right hand.
Raise
I forgot to do that.
Officer.)
HEARING OFFICER:
And your name is
Dr. Robert Grossman?
THE WITNESS:
10
11
Wait a minute.
(Dr. Grossman was sworn by the Hearing
But I'm a citizen
That's correct.
HEARING OFFICER:
Go ahead.
I'm sorry I
interrupted.
12
ROBERT L. GROSSMAN,
13
being duly sworn in the above cause, testified as
14
follows:
15
DIRECT EXAMINATION
16
DR. GROSSMAN:
I'm a resident of Montrose
17
County, West End.
18
Norwood.
19
yard, and I'll probably see the smoke from this mill.
20
So I have an outline here, and it's just want to give
21
you-all an idea of where I'm coming from.
22
I live three miles north of
I can see Paradox Valley from my front
These are my major issues.
First is the
23
dispersion modeling of normal and extreme conditions.
24
I'm concerned about the data that was used for
25
normal.
One year of data is not climate.
There were

1417
1
no comparisons with long-term stations using standard
techniques.
used to characterize high wind, dust storm conditions
and were these proper models used.
wasn't this part of the permitting process?
proper models used for a serious mill accident during
high winds?
permitting process?
account for dust and fugitive ore from supplying
I'm concerned about the models that were
Were
If not, why is this not part of the

Were proper models used to
10
mines and secondary roads use?
11
not part of the permitting process?
12
If not, why
If not, why is this
Over in the world of transportation -- and
13
this has been covered a bit, but I'm still going to
14
get it into the record.
15
transportation plan that addresses the regional
16
transportation impacts of this project.
17
why is this not part of the permitting process with
18
DOT, Colorado Department of Transport, as the
19
approving agency?
20
impacts not been addressed?
21
I couldn't find a separate
And I ask
Why have regional transport
And when we get to the permitting process,
22
why is CDPHE apparently the only permitting agency?
23
Why isn't there a group of agencies charged with
24
various aspects of the mill permit included in the
25
determination and limitations of the permit with a

1418
1
single panel appointed by the governor's office with
final decision authority?
I'll get into that a bit.
Were public interest groups asked for
inputs as much as Energy Fuels?
There seems to be a
difference in the way the permitee and those with
questions about the permit were treated.
ever meet with public interest groups other than in
public comment sessions, court, or hearings like
this?
Did CDPHE
If not, why not?
10
And now I'll go into more detail.
As an
11
expert in the field of meteorology, I can attest that
12
the USA climate normal, according to NOAA, is a
13
30-year average.
14
normal is reevaluated, which was done recently, so
15
the new normal is slightly higher than the old normal
16
pretty much all over the country.
17
respect to temperature.
18
calculated for all the basic meteorological
19
variables: temperature, humidity, wind speed,
20
et cetera.
21
Every 30 years this average or
This is with
But these normals are
So in my opinion, I want to emphasize that
22
within the NOAA station climate paradigm, the data
23
obtained for one year, April 2008 to April 2009, at
24
the proposed Pinon Ridge mill site is useless in
25
determining the climate of the site or local area.

1419
1
note that an attempt was made to compare this year to
a normal station at the Nucla Airport.
that that was the 30-year record.
apparently a co-op site, the standard techniques for
comparison were not presented, only a rough
comparison with no conclusions other than, quote, The
monthly wind speed averages from Site 1 and 2 are
higher than the Nucla long-term averages.
both data sets exhibit similar annual patterns.
10
I wasn't sure
No analysis was shown.
And at Uravan,
However,
Uravan is in a
11
canyon, very different than the mill site.
And the
12
Nucla Airport is on top of a mesa, a much bigger
13
altitude difference than the 3-meter Nucla tower
14
height and the 10-meter Pinon Ridge tower height
15
discussed in the environmental impacts analysis.
16
That's called EIA, to differentiate it from the ER,
17
which was compiled by Energy Fuels.
18
In my opinion, I recommend at least five
19
years of data at the Pinon Ridge mill site to get a
20
handle on interannual variability of meteorological
21
variables commonly observed from meteorological
22
towers such as temperature, humidity, pressure, wind
23
velocity and rainfall.
24
updating of the mill site meteorological data to form
25
a climate data time series.
I also recommend annual
These data should be

1420
1
available to the public in a format available for
analysis such as comma or space delimited variables.
In the couple of weeks prior to this
meeting, I was made aware that this data was
available to me on the Web.
was in PDF format.
could not convert that.
challenged at this stage of my life so that I could
not convert that data so that I could use it.
But when I got there, it
And without expensive software, I

And I'm somewhat technically
Later,
10
thanks to Faegre Daniels, I was able to get that
11
data.
12
And you'll see some of that analysis now.

With respect to the models used for
13
emissions and air dispersion, these are two models
14
that were stated, MILDOS and AERMOD.
15
model was discussed in the cross-examination of
16
Dr. Craig Little, Energy Fuels' consultant on
17
emissions dispersion who used MILDOS to determine
18
dosages within the mill complex, at the fence line,
19
for nearest neighbors, and for distant towns such as
20
Norwood, Telluride, and Ophir.
21
The MILDOS
Dr. Little agreed with my assessment of
22
the model description, that it was a straight-line,
23
Gaussian dispersion model, thus unable to accommodate
24
complex terrain between the mill site and the
25
candidate towns, some up to 50 miles away and

1421
1
thousands of feet above the mill site.
MILDOS uses surface wind data which would be
appropriate for short distances but not for long
distances, as the mill material would be lofted above
the planetary boundary layer within a few miles and
then subject to winds aloft which are often different
in speed and direction than surface winds.
does not use upper level winds.
MILDOS is an inadequate model to determine dosage of
10
Furthermore,
MILDOS
Thus, in my opinion
distances well away from the mill site.
11
The AERMOD model does accommodate complex
12
terrain and it also uses Gaussian dispersion
13
associated with a single trajectory.
14
lofting above the boundary layer and should use
15
specific upper air winds from the nearest upper air
16
station; in this case, Grand Junction, some 50 miles
17
away.
18
the release times used for the dispersion
19
calculation.
20
assessing dispersion, one should obtain individual
21
model results over the time period of the release and
22
then accumulate statistics based on that ensemble.
23
In this case, several upper air soundings may be
24
necessary depending on the time period of release and
25
the distance covered in the assessment.
It accommodates
The upper air soundings should be closest to
In order to use this model properly for

1422
1
In my opinion, the AERMOD model is limited
due to the single trajectory it calculates rather
than an ensemble of trajectories that accommodate
slight differences in the release conditions over
time.
described above.
that the wind direction with respect to the azimuth
differences between the site and downstream towns
would cause emissions from the site to miss them.
This limit can be overcome by multiple runs

I do not agree with those who feel
10
Even if that was true, it is in the public interest
11
to know where the effluents from the mill can travel.
12
So this type of modeling should be recommended by the
13
licensing and permitting authorities.
14
MR. SPAANSTRA:
Your Honor, just to
15
interrupt briefly, Dr. Grossman, you're reading from
16
something other than your opening statement?
17
DR. GROSSMAN:
18
MR. SPAANSTRA:
19
20
21
22
23
24
25
Yes, I am.
Okay.
We'd just like a
copy of that after you're done.

DR. GROSSMAN:
to everybody.
Absolutely.
I'll E-mail it
And I gave a copy to --
HEARING OFFICER:
I have a copy, if you
want to follow along.

MR. SPAANSTRA:
No, we're fine.
I just
realized this was beyond your opening statement.

1423
1
DR. GROSSMAN:
Yes.
I recommend a site-specific ensemble
approach for modeling.
Ensemble-like models such as
HySplit or CalPuff, to name two, take into account
variability of the wind and soundings over time,
producing an ensemble for analysis.
Gaussian dispersion calculation -- that is, each of
those two models I've mentioned -- that can be
associated with each trajectory calculated for the
Each has a
10
ensemble.
11
with respect to points on the ground, or specific
12
points on the ground can be analyzed with respect to
13
the ensemble output.
14
Either ensemble itself can be analyzed
For instance, if you saw that Figure 61 in
15
the environmental impact analysis -- I think that's
16
where it was -- where they did the back trajectories
17
from Telluride to show where the origins were,
18
unfortunately, they didn't do it for Norwood.
19
I'd really appreciate it if you would.
20
has about 2,000 people on it.
21
And
Wrights Mesa
So let me repeat again just to catch up.
22
Either the ensemble itself can be analyzed with
23
respect to points on the ground, or specific points
24
on the ground can be analyzed with respect to the
25
ensemble output.
I plan to look for more recent

1424
1
particle-following -- and these are, in my world,
called LaGrangian -- ensemble oriented models that
would release millions of particles and follow their
trajectories.
computers make this approach more possible than
impossible.
Once impossible, new generations of
Let's go over to how the models were used.
From the documents I've read -- and it's a confusing
lot that I'll get to in a minute -- in my opinion, I
10
don't think the modeling for MILDOS and AERMOD were
11
used in a manner that would provide an independent
12
reviewer with enough information to make a reasonable
13
decision regarding mitigation or repair of damage due
14
to air dispersion.
15
models were run with monthly average data that used
16
that output to assess a monthly average of emissions
17
or dispersion.
18
information to properly assess the damage or
19
potential.
20
monthly average have large variability which is not
21
taken into account or discussed.
22
or 33-foot meteorological tower as Site 1, I was able
23
to analyze the variability of wind over the candidate
24
year, 2008 and 2009, which may or may not have been
25
normal or near normal.
Here's why.
It appears that the
This does not provide enough
That is because the winds used for the
From the 10-meter

1425
1
Since I live here, I was aware of the
violent windstorms and events that accompany the
spring and fall seasonal transitions.
a windstorm to be a sequence of wind observations,
the 15-minute and hourly average, that were provided
to me that exceed the 9 meter per second -- which
translates to about 20.3 miles per hour -- threshold
of lofting of desert sand material characteristics of
the Paradox Valley floor.
And I defined
I have no other
10
information about the density of the material and the
11
tailings, but I'm sure that it's very easy to look at
12
that, the size and density of the materials and
13
tailings, and adjust that threshold accordingly.
14
And I defined a wind event -- I'm sorry.
15
It was late that night.
16
windstorm.
17
9 meter per second threshold for a period of greater
18
than three hours.
19
threshold for more than an hour but less than three
20
hours.
21
Let me go back to the
A windstorm is when the wind exceeds that
And a wind event is exceeding that
I used the 10-meter height as more
22
representative of surface conditions for tailings
23
areas and evaporation ponds to potential sources of
24
emissions and dispersion.
25
I do not know what the size and density of tailings
I used desert sand because

1426
1
material is.
taken into account.
threshold information from the NCAR/UCAR COMET Web
site.
of atmospheric science.
not local.
condition.
8
9
However, as I said before, that can be

And I obtained this lofting
It's a highly respected resource in the field

In general, windstorms are
They're part of a regional meteorological
And for everybody as they look at this

document, I have given you in Table 1 the
10
correspondence between meters per second, which we
11
should be using in the United States, and miles per
12
hour, which unfortunately we still do.
13
us and Uganda are the only two nations on the planet
14
that are using this English system now.
15
I think just
It's important to note -- and I emphasize
16
in these discussions -- that the pressure of the wind
17
on a flat surface facing the wind is proportional to
18
the cube of the wind speed.
19
per second wind has eight times the pressure of a
20
1 meter per second wind.
21
taking this into account.
22
As an example, a 2 meter
I hope the engineers are
I should also note that during the summer,
23
the mill site is often subject to violent
24
thunderstorms forced by the nearby La Sal mountain
25
range and their accompanying high winds.
These winds

1427
1
are not always accompanied by rain, which would limit
the dispersion of the material.
speed analysis as my exhibit -- I don't know how
really technically to do this because I've already
got exhibits in.
guess if it's in this document, it's already there.
7
8
I put it in as an exhibit, but I
HEARING OFFICER:
I'm going to mark this
as Exhibit 2.
(Grossman Exhibit 2 admitted.)
10
DR. GROSSMAN:
11
HEARING OFFICER:
12
I provide the wind
And it's got the analysis.

It's all in the record
so you don't need to offer it again.
13
DR. GROSSMAN:
Okay.
Let me just show you
14
what I've done as I'm talking.
15
took a frequency distribution of all these -- the
16
whole year of wind speed.
17
HEARING OFFICER:
18
second.
19
everybody right now?
What I did was, I
Let me interrupt for a
Do you have the capability to E-mail this to
20
DR. GROSSMAN:
Yeah.
21
HEARING OFFICER:
Why don't you do that.
22
Let's take 10 minutes and do that, and then everybody
23
can be looking at it at the same time.
24
(Recess from 9:24 a.m. to 9:35 a.m.)
25
DR. GROSSMAN:
Where we took the break was

1428
1
as I was about to discuss what you see in front of
you now as Figure 2.
XL under the conditions because I only was able to do
this during this hearing.
hourly average winds, which would show a slightly
different distribution, same character of the
distribution but obviously different magnitudes, the
specific difference being that the speeds of the
hourly wind will be generally lower than the speeds
It's the best I could do with
And in one case the one
10
of the 15-minute wind.
11
generally in the world of averaging.
12
And that's just what happens
I was not able to -- I had Figure 1.
13
That's the hourly.
14
here one day, it just disappeared on me.
15
haven't had time -- because the judge here has just
16
had us on this treadmill, I haven't had time to
17
replace that figure, and I'll supply it later.
18
And if you saw me struggling up

And I
But generally the character of that, like
19
I said, is the same as in Figure 2 but with lower
20
winds.
21
distribution, you see what my problem is immediately.
22
The average, which I should have put in here, is just
23
a little above 2 meters per second.
24
in the world of lofting, over the year 4 percent of
25
the time for 15 minutes at about the same -- a little
But when you look at the frequency
But we see that

1429
1
bit less for the hourly, the winds are high enough to
loft things off of the ground.
will do with the tailings pile that's set up in the
wind or at least 20 percent of it, sitting up in the
wind.
I don't know what it
That's 1400 times, 1400 15-minute periods
over the year where lofting could occur, about two
weeks of it.
now, these are what the average wind is.
And you can see that in 15 minutes --
10
gusts inside of that.
11
that 15-minute average.
12
up to 16 meters per second.
13
about 35 miles an hour for 15 minutes.
14
There are
There's variability inside of

The range goes all the way
Let's go back.
Let's look at Figure 3.
That's
Now, inside of
15
the hourly data, which was so kindly supplied to me
16
by Kleinfelder, they list the maximum gust within
17
that hour.
18
meteorological literature -- it varies, but it's on
19
the order of a 20-second average.
20
this variability in the wind, and then they pick out
21
this 20-second -- the 20-second average that's the
22
highest, and that's the gust.
23
Now, a gust is defined in the
So you have all
And we see that the frequency distribution
24
has pretty much the same character.
And we also see
25
that about almost 9 percent of the gusts in the

1430
1
hourly time series exceeded the lofting threshold of
desert sand.
these gusts above 9 meters per second.
something else that's been talked about in
discussions of disasters and so forth recently.
you look at the way -- the character of that curve,
it looks like just right after that black line, which
is the threshold for the lofting of desert sand at
9 meters per second or close to it -- the dang thing
This is about 49 hours or two days of
10
moved on me.
11
9-meter-per-second line.
You'll see
If
It should be over there on the
12
And that's called a fat tail.
13
words, there's a departure from the way that curve
14
was headed, generally in the 10 to 20 mile per hour.
15
It even goes out almost to 25 if I blew it up, where
16
it just -- it departs from a mathematical description
17
of this type of distribution.
That shows that it's
18
an enhanced capability there.
But the figures show
19
that the dust storms and these excessive winds --
20
which I call "excessive" in the sense that they
21
exceed the threshold for the lofting -- these are
22
statistically significant.
23
In other
There's a small section in the -- and I've
24
mentioned that the 15-minute winds showed about
25
4 percent of the time above the lofting.
The maximum

1431
1
20-second average gust showed a higher value at about
9.
I'm sorry -- that 26 meters per second as a gust is
up there, around 60 miles an hour.
10 meters.
know.
But there's a small section in the EIA as part of the
section on catastrophic emergency conditions and the
response that refers to high wind events.
But I also want to point out on Figure 2 -- 3 --
That's at
The wind increases with height.
How high are those tailings?
I don't
I don't know.
It
10
appeared that this was in response to probably a
11
discussion that I provided, but probably others, as
12
well.
13
I note that this section completely
14
disregards the obvious analysis that I've provided
15
you-all above and focuses on tornadoes.
16
think a destructive tornado has ever been reported in
17
or around Paradox Valley.
18
out here, very hard for a tornado to form.
19
principal destructive wind event in this area are
20
these windstorms, these dust storms.
21
have been looked at and weren't.
22
their consultant going over to tornadoes, which are
23
obviously, it can be said, to be a low probability in
24
this area.
25
I don't
It's very complex terrain

The
They should
And here we got
However, when I read that, it turned on a

1432
1
little lightbulb.
Glider pilots and casual observers
note the presence of strong dust devils in Paradox
Valley.
because of the mixture of dry land and irrigated
fields that are here.
Valley and seen these things, and they'll loft dust
up several thousand feet.
could have testified that they probably fly up to
10,000, 12,000 feet on these things.
They use them for flying.
This is probably
But I've been out in Paradox
We have glider pilots that
Sometimes you
10
see birds way, way up, just a little speck in the
11
sky, and they're flying in these.
12
These dust devils can loft material above
13
the planetary boundary level even in the calm wind
14
conditions, and that's when they generally occur.
15
And then they can be transported anywhere via the
16
upper level winds.
17
ground when one of these little things comes through,
18
it's impressive.
19
40 miles an hour just briefly, that one of these dust
20
devils go by.
21
And if you've ever been on the
That wind goes up to 20, 30,
That hasn't been taken into account.
So what I went out and did was, with this
22
one year of data, I culled it to those times when the
23
hourly winds average met the exceedance criteria and
24
just looked at those instances, those events.
25
Remember, that's greater than three hours.
The wind

1433
1
directions associated with these wind speeds are
between 170 and 270 degrees true.
southwest.
strong winds can be also associated with winds
between 270 and 360.
going to provide you Figures 4 through 6 which show
some of the frequency distributions of winds during
these 29 cases I found.
24 dust storms.
That's south to
However, as we all know, during winter
That's west to north.
And I'm
The 29 cases were made up of
That's events lasting greater than
10
three hours and four events.
11
than three hours.
12
which these dust storms occurred ranged between four
13
to six hours and up to 36 hours.
14
That was incidents less
The range of time interval over
In here you see the distribution of winds
15
for the 15-minute wind average, which is applicable
16
in this case.
17
storms, and then I went to the 15-minute to get a
18
little bit of detail on how these storms operate.
19
And you see that in the 15-minute average wind
20
speeds, they vary between 10 and 14 meters per
21
second.
22
second's about 30 miles an hour for 15 minutes.
23
you can see that there's probably -- of that 29,
24
roughly seven of those cases were in that 30- to
25
35-mile-an-hour wind.
I used the hourly to cull out the
Let's go back to that table.
14 meters per
And

1434
1
Let's look at the hour.
Now, as I said,
the hourly average is lower, but it lasts over a
longer period of time.
and -- you see zero for 9.
exceedance criteria, and I had to plot it.
you've even got cases out there for an hour now at
close to 30, 35 miles an hour.
the gusts.
range between -- let's go back to that table -- 35 up
And they range between 9

That was just my
But
Then we go over to
Look at those gusts.
Those gusts, they
10
to 60 miles an hour with most of them occurring in
11
the 40- to 50-mile-an-hour range.
12
you can even work in those kinds of conditions.
13
sure can't.
14
zero in those kinds of conditions if you're out on
15
the landscape.
16
I don't know if
I
The romance of cowboy drops to almost
These analyses show large wind variability
17
at the site which was not reported or quantified in
18
the EIA or the accompanying documents.
19
folks out here know this by experience, and I've just
20
quantified it with a year of data.
21
nearly calm or blowing like hell out here.
22
monthly average contains that variability but masks
23
it.
24
this case, which you-all can see, the vast majority
25
of hourly wind speeds are low.
Most of the
It is either
The
Because as shown by Figure 1 or Figure 2, in
However, a

1435
1
statistically significant number of occurrences are
capable of causing serious damage at the site in
powerful dispersion of emission events.
not taken into account in the models.
One other thing.
These are
When you go back to
Figure 2, as a surrogate of Figure 1 and 2, you see
that there's an awful lot of lower wind speeds.
they'll have an effect on this area, as well, because
even during the daytime during high pressure
And
10
conditions, which we'll see in the next couple of
11
days, or at night, powerful inversions can form in
12
the Paradox Valley that will contain a lot of the
13
effluents from this mill.
14
the valley's blocked at the east end and blocked at
15
the West End.
16
When the winds are low,
It's going to fill up.
So these people in Nucla and Naturita,
17
even if you don't go into the mines, even if you
18
don't work at the mill, you're going to be affected.
19
Your visual appreciation of the La Sal Mountains are
20
going to go to nothing during some of these events,
21
and the quality of life in this area is going to go
22
down.
23
To follow up on the discussion of these
24
frequency distributions and my assessment of the
25
models from what I could get from the available

1436
1
literature and the time I had available to me, it is
my opinion that the emissions and air dispersion
modeling to date for the Pinon Ridge uranium mill
license and permit applications with respect to air
dispersion and emissions of radionuclides is not
sufficient for a reasonable assessment of the
situation at the mill site with respect to daily
operations, downwind effects, and dispersion emission
during accidents.
Recalling that wind pressure
10
increases with the cube of the wind speed, it appears
11
to me that this kind of detailed wind information was
12
not used in the assessment of accidents that might
13
occur at the mill site.
14
dust storms lasted about 36 hours.
15
well tied down and protected from dust during times
16
like that.
17
I might note that one of the

Things better be
Apparently due to the concern of citizens
18
downstream from the mill, an analysis was performed
19
by APCD -- that's the Air Pollution Control
20
Division -- using NOAA's HySplit back trajectory
21
program to show that for 21 dust events -- pretty
22
close to my estimate, 29 -- outlined in the recent
23
literature, the originating points that would affect
24
the Telluride Basin may originate southwest of
25
Telluride, while the mill is northwest of Telluride.

1437
1
For this citizen, that is not enough evidence to
dismiss the effect.
HySplit runs were provided.
Furthermore, no details of the
I might note the Town of Norwood lies
directly in line with the mill site for southwest
winds.
mill site as an origin and did forward trajectories,
I see a lot of trajectories flowing right over my
house.
And I've seen HySplit runs.
I know where it is.
If they used the
It's right at a junction
10
of the San Miguel and Norwood County lines in a very
11
special little way so I can find out exactly where my
12
house is just by looking at the county map outline.
13
And there they were.
14
As I said in earlier testimony, I can see
15
the Paradox Valley from my front yard.
And I note
16
that Norwood has a surface water system that serves
17
the town.
18
accumulation of radioactive dust will affect areas
19
downstream whether populated with humans or wildlife.
20
And that needs more study.
21
unreferenced effort to model PM10 dispersion during a
22
high wind event by the CDPHE, Air Pollution Control
23
Division, using AERMOD with a BREEZE module, which
24
was not described or referenced in the EIA, suggests
25
that ambient dust during a storm far exceeds that
At any rate, the potential deposition and
Additionally, an

1438
1
produced in a worst case scenario at the mill.
I mentioned in the cross-examination of
Mr. Filas that in that study the 39-mile-per-hour
threshold used for Pinon Ridge wind rose as part of
that analysis to twice the 20.3 mile per hour
threshold for lofting desert sand; not exactly twice,
but real close.
Mr. Filas yesterday.
why this larger threshold was used.
It's not clear -- that's why I asked

It's not clear to this citizen
To my knowledge,
10
there's little to no research on the interaction of
11
dust with radionuclides.
12
pathogens catch rides on dust particles so this
13
citizen's concern -- or at least this citizen's
14
concern is not increased dust amounts from the mill
15
but radioactive dust in the mix accumulating over
16
time.
17
It is well known that
Citizens are not now in a position to
18
review the APCD work for relevance.
The summary
19
section of the APCD review states that "the
20
application, ER, and subsequent reports," unnamed or
21
referenced, "adequately address meteorology and
22
climate relative to the project and are acceptable."
23
And that's in quotes.
24
believe this is true and note that the discussion
25
focused mainly on the Telluride Basin at the neglect
In my opinion, I do not

1439
1
of Norwood and other towns downstream from the mill,
including Nucla and Naturita.
There's a further problem with the models
used.
They do not account for dust already in the
air at the time they were run.
sandblasting effect.
clear
dust storm the air is full of dust from upstream
locations, and that dust can sandblast or scavenge
Let's call that the
This cannot be assumed to be
at the outset of these models because during a
10
material at the mill site, producing more dispersion
11
than if the impinging air stream were clear of dust.
12
This is simple high school physics' transfer of
13
momentum like a pool ball hit.
14
this is a very difficult modeling problem in reality.
15
It's one of those that's easy to say, hard to do.
16
I might note that
I recommend the following for both
17
emissions and dispersion modeling.
Use 15-minute
18
average winds for the surface wind values throughout
19
the month or at least hourly winds and accumulate
20
monthly statistics including the mean, the median,
21
variance, skewness, and kurtosis.
22
adequately describe the frequency distribution for
23
use in risk analysis and for engineering use.
24
recommend a monitoring program that would estimate
25
dust loading upstream from the site, at the site, and
These will
I also

1440
1
immediately downstream of the site to assess the
effect of scavenging dust on in situ surface
material.
of dust captured at the downwind site.
And if possible, assess the radioactivity
I'll now switch my remarks to cumulative
effects.
Cumulative effects have been discussed a
good bit in these hearings.
time and space effects of the mill; time in that
radioactivity, because of the long path life of these
They refer mostly to the
10
materials, can accumulate in the landscape.
11
in time; but also in space because the mill is
12
supplied by ore trucks that come from all over and
13
have the potential, if this thing gets going and the
14
price of uranium goes to $250 a ton, or whatever the
15
heck it is, the unit, why, these people will be
16
pulling in ore from wherever they can get it, maybe
17
even Wyoming, Nevada.
18
the cumulative effects.
19
it's mostly the West End, north and south.
20
other testimony I outlined the counties that might be
21
involved.
22
That's
So there's a spatial side to

But for present purposes,
And in my
I want to focus on the state.

In my prior testimony I discussed the
23
effect the mill would have on the region which I've
24
roughly define as the area of the mill, the mine
25
supplying it, and the transport routes that feed into

1441
1
the two approaches to the mill site.
Utah, coming in through the La Sal junction via
Highway 90, a very treacherous road, and Colorado via
Gateway or Naturita along Scenic Byway 141.
whether the Department of Transport will remove the
scenic byway designation because of the increased
truck traffic that would make portions of 141
dangerous.
not going to like it.
10
These are from
I wonder
Those summertime motorcycle riders are
The dispersion and emissions models have
11
not accounted for fugitive dust from the mines,
12
traffic on unpaved, secondary roads from mine to
13
mill, and additional emissions from over 200 trucks
14
for 10 to 24 hours a day that will service the mine
15
350 days a year.
16
exceed that produced by the mill alone and should be
17
taken into account in a quantifiable way in the
18
environmental impact analysis.
19
dismissed.
The dust burden would probably
It cannot be
And I emphasize that.
20
Regional dust effects are important
21
because mining is not the only activity in the
22
region.
23
uranium booms, the area has become known for its
24
remote beauty and has attracted vacationers,
25
permanent retirees, second homeowners like myself, as
Over the years, since the '50s and '80s

1442
1
well as the folks who support them.
Except for the
vicious dust storms, one of the most attractive
aspects of this region is the great distances you can
see.
to what extent the Pinon Ridge mill and its suppliers
will degrade the visual aspects we so enjoy out here.
This should be a requirement for the licensing and
permitting and, as we know over the years, has been a
big problem for the Grand Canyon, the degradation of
And I emphasize that the public needs to know
10
visibility.
11
graduate student back in the '60s because they were
12
attacking that problem for the first time.
13
I remember those reports when I was a
Now I want to turn to fire and wind.
In
14
my previous testimony I brought up a problem not
15
assessed in the EIA or other licensing/permitting
16
documents of the effect of extreme windstorms on a
17
fire at the mill which is proposed to operate over a
18
40-year period, which would enhance the probability
19
of such a disaster.
20
forest fire fighting and research, including
21
sophisticated atmospheric models, that wind
22
exacerbates a forest fire or fires in general.
23
enhancement of an existing fire by wind is no
24
different for a building or other type of fire that
25
might occur at the mill during operations.
It is well known from decades of
This

1443
1
My analysis of winds for the year 4-2008
to 4-2009 reveal a major windstorm lasting almost
36 hours with peak wind gusts in the 50-mile-an-hour
range and sustained winds greater than 20 miles an
hour.
night, with such excessive wind pressure on buildings
and loose material, these windstorms are looking for
an accident, including fire.
fight a fire or an emissions release, especially if
Shorter storms can occur at any time day or
It is very hard to
10
it is a chemical or fuel fire, during these
11
conditions.
12
that special emission and dispersion model runs be
13
made for such conditions using actual data so that
14
the mill operators, governments, and the general
15
public would know roughly what the outcome of such an
16
incident might be.
17
that the outcome would be disastrous for a large
18
region around the mill and should be taken into
19
account in the licensing and permitting process.
20
rough response plan should be considered.
21
Engineering due diligence would suggest
There's no doubt in my opinion
I want to go over to transportation.
22
found this astounding statement in the EIA, quote:
23
According to CDOT -- that's the Colorado Department
24
of Transport -- traffic in the region is sparse, and
25
even the estimated increased traffic associated with

1444
1
the mill does not represent a large amount of
traffic, unquote.
The air dispersion report sites a maximum
of 220 vehicles per day during a 500-ton-per-day
operation entering and leaving the minimum.
Apparently this estimate does not include water
trucks needed if or when wells on the site fall below
production limits.
increase from this operation's number during the
Other reports speak of an
10
construction phase.
11
traffic increase estimates throughout the various
12
documents -- for instance, the emissions pathway
13
report -- each different than the others, but all
14
showing substantial increase in traffic.
15
that there's not a large amount of traffic on two
16
access roads into the mill is just not correct.
17
In fact, there's several other
So to state
Based on the 220-a-day number, I calculate
18
a truck entering the mill every 20 minutes for a
19
10-hour period and six minutes if extended to a
20
24-hour operation.
21
transportation affairs, as I do with the atmosphere,
22
it's obvious to this citizen based on common sense
23
that traffic will have a large regional impact that
24
is not accounted for in the mill licensing or
25
permitting process.
While I do not claim expertise in
Especially important would be

1445
1
the assessment of the increase in accidents among
cars, trucks, horseback riders, and wildlife.
forgot our wonderful motorcycle guys.
stop in Norwood more.
And I
I wish they'd
Ore and supply trucks carrying toxic
materials will be subject to accidents that will be
difficult to respond to because of the remote and
unforgiving character of the regional roads, many
with deep gullies, streams, and rivers close by.
10
Pulling a toxic material laden truck from such a
11
situation will be difficult and time-consuming,
12
especially during extreme winter conditions, violent
13
thunderstorms, and the seasonal dust storms.
14
this citizen's opinion that a 24/7 emergency response
15
crew be stationed at the mill for immediate and
16
professional response to road accidents involving
17
toxic spills.
18
setting is just flat unacceptable.
19
not be available.
20
And they may or may not be up to the job.
It is
To rely on volunteer people in a rural

They may or may
They may or may not be trained.
21
You pull a guy off of a branding operation
22
where he's been working his tail off all day long and
23
then go out there and ask him to pull a truck out of
24
a 50-foot-deep gully, that's asking an awful lot.
25
However, this 24/7 response crew idea does appear to

1446
1
be suggested in the EIA, and that's good to see.
Estimates of response time to various dangerous
areas -- and you can look at the vulnerability.
out and look on these roads and see where you would
probably expect to see an accident -- should be
available.
and state patrol for emergency response to a mill
associated increase in traffic is unacceptable unless
you beef those forces up to match the conditions.
10
Go
Relying upon the local sheriff, EMT, fire
I'm just about at the end, but this for me
11
is pretty important, and it has to do with the
12
permitting process.
13
proceedings and prior to the proceedings a lot of
14
confusion about how this process is going on, who's
15
in charge, what's necessary, and so forth.
16
even confusion at the outset when Energy Fuels went
17
first to CDPHE.
18
in this process is as sincere as the day is long.
19
They've worked hard.
20
they could do as best they could do.
21
process has not been considered for over 30 years --
22
or about 30 years, from what I hear.
23
there are framework documents such as the NRC
24
documents and the NEPA documents that give guidance
25
to how this is done.
I've noted through these
There was
I do believe that everybody involved
They've done what they thought

However, this
And I know that
But I find that after several

1447
1
attempts at trying to get comprehensive information
on the process and the various licenses and permits
involved, this citizen found that the description of
the process was very confusing.
help with hyperlinks to the essential documents.
6
7
8
9
HEARING OFFICER:
A flow chart would
Keep talking.
I'm going
to get coffee.
DR. GROSSMAN:
These documents were not
subject to independent, professional peer review from
10
several reviewers for each section, as I have done
11
cursorily -- and I emphasize cursorily -- for
12
meteorology, climate and dispersion modeling in my
13
area of expertise.
14
submitted was done under time pressure and difficult
15
document access and copying.
16
better document availability, the data in a format
17
amenable to analysis, my critique would be more
18
detailed and extensive.
19
under difficult circumstances.
20
emphasize -- and it's been brought out more than once
21
here, and I guess we'll have some modicum of it as
22
other witnesses come on the stand later on -- we
23
should have reviews; independent peer reviews like we
24
do in science of these documents.
25
that that was done.
I might add that my review that I
Had I more time and
This is the best I could do

But I want to
And I don't see

1448
1
Since the permitting process for a uranium
mill has not been addressed for almost 30 years, I'm
surprised at the apparent ad hoc nature of this
process.
such as the Department of Transport, Department of
Wildlife -- or its new name -- Department of Natural
Resources, for example, have had little to do with
licensing or permitting, the application being
relegated to unreferenced authors, their credentials
It appears that important state agencies
10
unknown, paragraphs or short sections in the
11
environmental analysis report -- or the environmental
12
impact analysis.
13
To this citizen, this is unacceptable.
14
Mill operations affect far more aspects of life than
15
emissions, dispersion, waste disposal, and
16
groundwater immediately at the mill.
17
and this is based on my experience as being involved
18
in large and complex international expeditions to
19
explore the atmosphere that involved several USA
20
agencies and a lot of universities and federal
21
laboratories, very complex things -- and I'll give
22
you an idea of how we did it in this context.
23
recommend that the permitting of these kinds of
24
operations such as a uranium mill that involve multi
25
agencies and affect many aspects of life, that the
I recommend --

1449
1
permitting of these operations be managed by the
governor's office.
The governor is the head of the executive
branch.
These departments rest within that
bureaucracy, and he runs it.
convene a representation from state departments
relative to the permit, and a coherent permitting
process be determined with final authority lying with
the governor after reviewing recommendations from the
The governor could
10
agencies involved.
11
to apply for a uranium mill permit would have a clear
12
idea as to what is necessary.
13
process seems overly complex, incoherent, and opaque.
14
The fact that a legal action is necessary to sort it
15
out is evidence that my assertion is correct.
16
This way a business that wanted
As it stands, this
It also appears to this citizen that CDPHE
17
has a pretty close relationship with the permit
18
applicant but an adversarial one with groups
19
interested in being involved in the process.
20
that?
21
back and forth between the permitter and permitee is
22
necessary.
23
equal back-and-forth with other established public
24
interest groups by inviting them to the table,
25
similar to the invitation proffered to the permitee?
Why is
In the hearing so far, the explanation is that
And I agree with that.
But why not an

1450
1
There could even be organizational meetings to sort
out differences or bring them out with all parties at
the table for discussion.
cheaper and more friendly.
5
6
For one thing, it's a lot
HEARING OFFICER:
Thank you.
How do we want to do
cross?
MR. SPAANSTRA:
HEARING OFFICER:
9
10
I'll start.
Okay.
CROSS-EXAMINATION
BY MR. SPAANSTRA:
11
Dr. Grossman, good morning.
12
Good morning.
13
I was thinking it felt a little bit like
14
Groundhog Day today, but this will be the last one.
15
The first thing I want to say for the
16
record is, I want to congratulate you for getting
17
involved as a citizen.
18
the process the middle of August, and clearly you've
19
done a lot of thinking and analysis.
20
inspiring to see a citizen just getting involved, and
21
thank you for that.
22
I believe that you entered
And it's
Also because, as the kids say, I want to
23
give her some props on the record, I want to ask you
24
a question.
25
helpful in getting you connected with Kleinfelder?
You said that Faegre Baker Daniels was

1451
1
That's correct.
And it was Caroline Lee of our office, was
it not?
She's amazing.
Amazing?
I've seen you guys -- I think she's
amazing.
jumps right on things.
I think you guys think she's amazing.
Okay.
10
11
She
I'll move on from that.
Dr. Grossman, you were here, I believe,

when Dr. Little testified?
12
That's correct.
13
If you recall -- and I'm going to talk a
14
little bit about a dispersion model in a second.
15
Sure.
16
You recall that he testified that the
17
MILDOS model, which was used to document or model
18
radioactivity dispersion, was developed by the
19
Nuclear Regulatory Commission through one of the
20
national labs, correct?
21
That's correct; Argonne National
22
Laboratory.
23
And you also heard -- thank you for adding
24
that.
I was looking in my notes.
I couldn't
25
remember that, the Argonne National Lab.

1452
1
He also indicated that the MILDOS model is
required by the NRC for radioactive mill licensing
activities as well as by the CDPHE; is that correct?
That's the way I understood it.
Okay.
6
7
MR. STILLS:
Your Honor.
MR. SPAANSTRA:
HEARING OFFICER:
It's just his --
I'll take it as this
witness' opinion.
12
MR. STILLS:
13
MR. SPAANSTRA:
14
If I may, I'd
I wasn't asking, Your
Honor, for a legal conclusion.
10
11
And you agree that --
object to asking the witness for a legal conclusion.
8
9
Great.
Okay.
Great.
(By Mr. Spaanstra)
In terms of AERMOD,
15
you heard his testimony, as well as, I believe,
16
Mr. Tarlton's testimony, that that model is used in
17
the context of the Air Pollution Control Division's
18
air permitting process, correct?
19
That's correct.
That seems to be a
20
requirement as far as I can see from the documents
21
I've read, that this is the model that they use for
22
their assessment in the air control -- air pollution
23
control.
24
25
And this hearing isn't about that permit?
It's about the radioactive -- the mill license?

1453
1
That's the way I understand it now.
I was
confused at the beginning.
it now is that this is a separate permitting process.
And that is one of my observations about the
complexity of this.
But the way I understand
I think I'll move on, then, to talking
about the -- in your testimony you mentioned that it
was hard to figure out the, you know, who's on first
in terms of the permitting in the state?
10
Uh-huh.
11
I assume that in your preparation you did
12
13
look at the state's EIA?

A
Yes, I did, as much as I could.
It was
14
presented to me late in the game, and it's 184 pages.
15
So I had to go to specific sections of that, and I
16
could have possibly missed some of what we mutually
17
may consider important sections.
18
at the air, the atmospheric side of that report, and
19
the transportation side of that report.
20
my two.
21
But I looked first
Those were
So given your concerns, you probably
22
missed in the introduction on Page 3 the chart of
23
about half a dozen state agencies that were involved?
24
25
Actually, I saw that.
But when it came
down to the actual -- where did they come into this

1454
1
process other than supplying some information for the
EIA -- which I understand Mr. Tarlton used in his
final determination.
forth -- there was no, Here's my section, stick it
in.
But yes, there were several different agencies that
they contacted for the EIA.
up in the permitting process was my problem, other
than supplying information for this EIA.
10
He took it from notes and so
He was an editor, and he put it into context.
But where did that end
Actually, that chart on Page 3 describes
11
the various permits that those agencies issued.
12
you ought to take a look at that.
So
13
Okay.
I will.
14
It might help with the confusion.
15
Okay.
16
In discussing transportation -- and we're
Thank you.
17
going to get to that issue a little bit later when we
18
look at the settlement agreement with Telluride and
19
San Miguel County.
20
you're saying of the documents, in Volume 14 of the
21
application -- which you can find on a link under
22
transportation on the CDPHE Web site for this mill --
23
in fact, the Colorado Department of Transportation in
24
the context of their permanent access permit had a
25
detailed traffic study that addresses many of the
But in your review, from what

1455
1
issues you raised.
May I respond to you on that?
Sure.
I looked at that.
And the traffic study
that they used, they pulled traffic estimates from
some operation that was hundreds of miles away from
here and I don't think adequately described what was
going on in Paradox Valley.
I've gone through Paradox Valley a lot, and I never
When I went out to --
10
saw any traffic counters out there.
I don't think
11
they really know what the traffic situation is out
12
there.
13
traffic study and tried to apply them to Paradox
14
Valley.
But they used some other estimates in that
That's the way I understood it.
15
So since you did look at it --
16
I was able to look -- that had to do with
17
the access.
18
Right.
19
That was some time ago, I might mention.
20
This was probably a year or so ago when I looked at
21
that for a Department of Energy PiES response.
22
I'm glad you mentioned DOE because you
23
expressed concern about maybe the transportation from
24
feeder mines would exacerbate this issue.
25
Yes.

1456
1
But since you saw it, you know that in
their analysis they did analyze the effect of the DOE
leasing program, correct?
Whose analysis?
In the DOT analysis that you said you
looked at.
that the DOE leasing program.
8
9
Okay.
They include in
I'll go along with what you said.
I don't remember that that was in what I read.
10
11
They do analyze that.
HEARING OFFICER:
Can I ask one of you
where this is, this traffic study is in the record?
12
MR. SPAANSTRA:
It's in Volume 14.
13
will, on a break, get the actual disk cite.
14
have it.
15
16
HEARING OFFICER:
We
I don't
That's good enough.
I'll find it.
17
MR. SPAANSTRA:
And Your Honor, on CDPHE's
18
Web site there is a -- the drop down list for the
19
license application has a link for transportation.
20
And that and some other things are at that link.
21
22
23
(By Mr. Spaanstra)
Thank you on that,
Dr. Grossman.
Let's look at weather modeling a second.
24
You commented that you weren't particularly happy
25
with the two on-site weather stations.
And I

1457
1
think -- I want to make sure I heard you right -- you
also recognize in the weather data in the application
related to the tailings cell design report that
Energy Fuels did consult several decades of records
from half a dozen weather stations around Western
Colorado in putting that together.
If they did -- is that a question?
You did see that they did that?
No, I didn't.
Because I could not
10
determine -- as far as I could see in the documents
11
that I could find, they did look at co-op stations.
12
I heard co-op stations.
13
run a weather station that is occasionally checked by
14
the Grand Junction office.
15
co-op network that NOAA relies on, they generally
16
report temperature and precipitation.
17
report wind.
18
That's private citizens who
If they are part of the
They don't
I did note, though, that the specific
19
stations at Nucla and Uravan were referred to.
20
Uravan only reports temperature and precipitation.
21
And I believe because it's an airport that Nucla
22
reported, as well, wind.
23
the wind, and they did it in a very cursory way so
24
that private citizens like myself -- and I emphasize
25
I am a private citizen.
And they tried to analyze
I do not represent

1458
1
anybody -- that those analyses were not provided to
the public so that we could look at them.
do want to disagree with you that the only --
However, I
Actually, at this point I'm asking the
questions.
Okay.
That's okay.
Keep me honest here.
So we will also at the break, just for
Sorry.
10
your edification, get you where in the record these
11
reports that I'm describing are so you can look at
12
them.
13
I'd be very interested in that.
14
very much.
15
16
of dust --
17
You bet.
Thank you
Excuse me.
On the issue of wind dispersion
May I comment -- because you
18
brought it up -- on the statement you made that I was
19
not happy with the instrumentation at the mill site?
20
That's not correct.
21
record.
22
at it -- and I think my first intimation that there
23
was a mill application in my life was driving off to
24
a canyon walk and seeing a really nice meteorological
25
station in the middle of Paradox Valley.
I'm not happy with the length of
The instrumentation, as far as I could look
And I

1459
1
wanted to know what the heck that was and where could
I get the data.
3
4
I appreciate that, and I'm glad you raised
I wasn't able to look at the hundred-meter
it.
5
6
site.
the road, my experienced eye could tell you that that
was a good station and an expensive one.
But since the 10-meter site is right next to
Thank you for saying that.
And my intent
10
in asking that question also was to inform you that
11
there was a detailed report that incorporated data
12
over decades from these various stations.
13
going to take a look at that?
And you're
14
If I can.
15
But let's move on to the wind dispersion
16
from the tailings cells.
17
said that -- I believe I heard you say that you had
18
looked at the tailings cell design report and the
19
weather stuff associated with it, maybe hadn't looked
20
at it in great detail?
21
I think from what you just
Pretty much the only thing that I've
22
really looked at with respect to tailings is what has
23
been presented in this hearing and the fact that
24
there's been a great discussion of the tailings cells
25
and all aspects of it, leakage and that stuff.
But

1460
1
my idea was to look at the design.
was that 20 percent of it is going to be above grade.
And that's, for my money, what I have to be concerned
about as an atmospheric scientist.
And all I noted
In that regard, I don't know if you
noticed that a big chunk of the tailings will be
underwater and that the remainder of it will be
essentially saturated to mitigate, minimize, the
potential for wind erosion.
10
The way I understand it, that is correct.
11
And I agree with you that that would greatly minimize
12
any dispersion from the tailings cells while they are
13
saturated and while they're underwater.
14
understand is that in the reclamation phase or
15
whatever phase when they start decommissioning these
16
tailings cells that they dewater them, or if the --
17
what I've understood from these hearings is that
18
water is a big limitation here.
19
drought -- we are currently in a severe drought.
20
it gets worse, then they may not have the water to
21
saturate those.
22
What I also
And if a severe
If
So I think from the engineering side of
23
this, when you look at all possibilities, that that
24
possibility is there.
25
and I think that's what the engineering staff should
And that's what I focused on,

1461
1
2
be focusing on.
Q
So let me see if it's fair to say that
what you just testified to is that during operations
if, in fact, they're underwater and they're
saturated, you testified that that would materially
mitigate the dispersion issue and --
That would --
Let me finish the question -- and the
concern was during reclamation.
My question is,
10
would it also help you to know that during
11
mitigation, reclamation, the reclamation plan,
12
there's considerable effort to control dust in that
13
situation?
14
I hope so.
15
Good.
You were here -- well, of course
16
you were here this morning when Olivia was walking
17
Frank through the settlement agreement with
18
Telluride?
19
Yes.
20
I'd just like to ask you a few questions
21
related to that because I think it addresses some of
22
your concerns, at least, related to emergency
23
response and the like.
24
hand you a copy of the settlement agreement and just
25
ask you a couple questions related to it.
So what I would like to do is

1462
1
Sure.
I'll have to take a look at it
because I only looked at the bullets that were in the
Telluride Daily Planet, and I have not looked at this
complete document.
MR. STILLS:
Your Honor, the witness is
being asked to testify to things he hasn't seen, and
I believe it's outside his direct.
8
9
HEARING OFFICER:
He talked about
transportation issues in his direct.
10
MR. STILLS:
Okay.
That's what a good
11
part of that settlement agreement pertains to, as I
12
understand it.
13
14
15
THE WITNESS:
Mr. Spaanstra, you've
underlined some things in -Q
(By Mr. Spaanstra)
I did because I'm
16
going to ask you questions about those sections.
And
17
I thought it would be helpful so that we wouldn't
18
waste -- not waste -- spend a lot of time having you
19
search through things.
20
Okay.
21
And obviously we'll provide a copy of the
22
marked-up version to Mr. Stills and Mr. Parsons at an
23
appropriate time; well, when we can get a copy, as
24
soon as possible.
25
So if you would, if you could turn to

1463
1
Article 1 which deals with the hauling and
transportation of uranium ore, yellowcake, and
reagents, which is a concern of yours that you've
raised.
Uh-huh.
Yes.
And I think it's fair to say, isn't it,
that a concern of yours is having local government
involved in it, in that process, correct?
That's correct.
10
If you'd look at the second paragraph of
11
the settlement agreement -- and I think I've
12
underlined this.
13
that Telluride and San Miguel County will have an
14
independent right to monitor and investigate trucks
15
carrying all of these things: ore, yellowcake, and
16
reagents?
17
The settlement agreement provides
That is correct.
And the way I read that
18
is for those trucks that are transferring materials
19
through San Miguel County.
20
only, and the county, will have independent rights.
21
But that's only -- the way I read this paragraph,
22
it's only the ones that pass through San Miguel
23
County.
24
25
It looks like Telluride
All the rest don't have that ability.

Actually, I think in the days when you and
Judge Dana were going to school, you could get an

1464
1
apprenticeship in law.
That's no longer the case.
It does say all trucks.
it just for --
That's not intended to limit
Well, just read this sentence.
It says "all trucks."
For all trucks transporting all this stuff
for Energy Fuels through the county upon
commissioning of the Pinon Ridge facility -- that's
only upon commissioning -- Telluride and the county.
10
That's it.
11
12
right.
13
Not Ophir.
Sorry about that.
You get the apprenticeship award.

It does say that.
All right.
You're
You're right.
So for those going through all
14
the rest of the counties, unless they make separate
15
agreements, that's all we've got.
16
17
Well, actually, that's not all we've got,
but that's what this agreement covers.
18
Travis is going to object pretty quickly.
19
You and I probably shouldn't be having a dialog so
20
we'll go back to asking questions.
21
HEARING OFFICER:
22
23
fault.
24
25
Travis would be right.
I might mention that that's mostly my
(By Mr. Spaanstra)
No, that's okay.
Moving on to Article 2, this is where --

1465
1
well, you'll notice that this relates to the --
Article 2 is labeled "Uranium and Vanadium Mine and
Milling Impacts."
located in any other entities including independent
mines, not just operated by Energy Fuels, that the
county and Telluride will have the right to inspect
such facilities to -- I'm reading now, but you're
reading along with me -- to investigate compliance
with any applicable federal or state laws or
And again, it relates to mines
10
regulations.
And so it says any state laws or
11
regulations.
That certainly would include
12
transportation laws, but runs the gamut.
13
you --
14
MR. STILLS:
Would
Your Honor, I'd object.
It
15
sounds like Mr. Spaanstra is testifying, not asking
16
questions.
17
18
HEARING OFFICER:
Q
(By Mr. Spaanstra)
Sustained.
Okay.
Dr. Grossman,
19
let me rephrase.
20
in the middle of the third line -- well, starting
21
with the third line in that section down to the
22
colon, the word "Facilities."
23
Would you just read into the record
Down to the colon, okay.
You want me to
24
start at "For all mines," or where do you want me to
25
start?

1466
1
2
With the word "Facilities."
We've already
described -- in your testimony we described --
to inspect."
"Facilities," okay.
This is after "right
"Facilities to investigate compliance with
any applicable federal or state laws, regulations,
conditions of approval, or standards and any local
San Miguel County laws, regulations, conditions of
approval, or standards as long as such inspections
10
11
meet the following criteria."

Q
So wouldn't you say that the settlement
12
agreement, from your reading of that language, gives
13
San Miguel County and Telluride the independent right
14
to investigate compliance with a whole array of
15
federal state laws and regulations?
16
17
18
I do -MR. STILLS:
Your Honor --
I do for all --
19
HEARING OFFICER:
20
MR. STILLS:
Wait for the objection.
He's asking him to testify to
21
a legal conclusion on what kind of rights it provides
22
San Miguel County.
23
24
25
HEARING OFFICER:
Same ruling.
I'll let
him testify as to his opinion.

A
I'd just point out that you're correct and

1467
1
that this requirement applies to all mines located in
San Miguel County operated by Energy Fuels or any
other affiliated operating entity or independent
mines in San Miguel County.
You've underlined that.
(By Mr. Spaanstra)
Thank you.
And I'd just point out that once again, we
are limited to San Miguel County for these kinds of
things and not the other counties unless they make
separate agreements, which complexifies this even
10
more.
11
12
HEARING OFFICER:
15
16
MR. SPAANSTRA:
19
I may withdraw his
apprenticeship JD for making up words, but not yet.

Q
(By Mr. Spaanstra)
You've still got that
apprentice JD.
17
18
You want
to spell that?
13
14
Complexifies?
You'll note to the left of our Article 3

that I've written in the margin "Black Swan."
A
20
Uh-huh.
MR. SPAANSTRA:
And now I'm thinking how
21
I'm going to ask this question to get around another
22
Travis objection.
23
MR. STILLS:
And I'm sorry.
24
place in here with the complexifies.
25
are you on?
I lost my
Which paragraph

1468
1
MR. SPAANSTRA:
Article 3, "Monitoring
Standards For Water Quality in Eastern San Miguel
County."
4
5
MR. STILLS:
Q
Thank you.
(By Mr. Spaanstra)
I think what I am
going to do is just say, Dr. Grossman, that you ought
to take a look at this in terms of -- you'll see as
you read this --
9
10
11
12
MR. STILLS:
I'm going to object again to
testimony and advice for his further study.

HEARING OFFICER:
I haven't heard the
question yet.
13
MR. STILLS:
Okay.
14
MR. SPAANSTRA:
You know what, Your Honor?
15
I think while I could rephrase, I think we're --
16
we've taken a look at this and gotten his views.
17
further questions, Your Honor.
18
HEARING OFFICER:
19
THE WITNESS:
No
Fair enough.
I thank you for your -- to
20
leap into this document, and I'll be happy to look
21
through it with respect to my testimony.
22
MR. SPAANSTRA:
Your Honor, I would just
23
note for the record that over the course of the
24
previous five days when I was assisting Dr. Grossman,
25
Mr. Stills didn't object.

1469
1
HEARING OFFICER:
Well, that's his option.
We're going to take 10 minutes, courtesy of the court
reporter and the hearing officer.
(Recess from 10:49 a.m. to 11:03 a.m.)
HEARING OFFICER:
6
7
8
9
Mr. Stills?
CROSS-EXAMINATION
BY MR. STILLS:
Q
Thank you, Dr. Grossman.
stepping forward.
I appreciate you
And yesterday we didn't get a
10
chance to thank you on Veterans Day for your service,
11
And I appreciate that.
12
Thank you.
13
And your testimony explains that the
14
opinions you've provided are based on your formal
15
education and experience as an expert in the air
16
dispersion aspects of this hearing; is that correct?
17
That's correct.
18
And regardless of whether it's
19
transportation or any other issues, air dispersion as
20
it affects this region is what you're testifying to,
21
correct?
22
Yes, sir.
23
And you understand that in the general
24
scheme of things, your participation as an expert in
25
the hearing is to assist the hearing officer and the

1470
1
parties to understand what's going on with your field
of expertise; is that right?
That is my intention.
I appreciate you helping out.
That's a
unique feature of the process.
And you are here on your own.
And in your
testimony when you used the phrase "In my opinion,"
did you intend to provide your expert opinion based
on your training, and experience in atmospheric
10
science, meteorology, and basic field research?
11
That is correct.
12
I know it may sound pompous for folks when
13
they say, "It's my expert opinion," and I realize
14
that you haven't been prepared by your attorney.
15
You're here by yourself.
16
sure that's what you meant to say.
So I just wanted to make
17
Yes.
18
So your testimony was that the
19
environmental report is not based on a reliable
20
analysis of environmental impacts involving the
21
transport of pollutants released into the air at the
22
Energy Fuels site; is that correct?
23
That is correct.
And that is because they
24
did not take into account the variability of the wind
25
on small -- on short-time scales.

1471
1
And without the cumulative impacts of the
mine and the transportation and the mill looked at as
a whole in these models, we can't know what the
impacts on the environment are; is that what your
testimony?
Could you repeat that?
When you're looking back from the various
places, whether it's Norwood or Bedrock, we can't
know what the impacts are without having a full
10
knowledge of what's happening with all aspects of
11
this proposal -- the mining, the transport to the
12
mill, and the milling -- in the modules you're
13
describing?
14
Yes, sir.
15
All right.
I think so, yes, sir.

And you also testified that
16
it's your opinion that the environmental impact
17
analysis doesn't have a reliable basis to understand
18
the environmental impacts related to air pollution
19
concerning the proposal; is that correct?
20
Yes, sir.
And I think one of the things
21
that needs to be done is that it be provided for
22
professional and independent review.
23
So it's your opinion that you couldn't
24
just go back to the CDPHE offices and fix this up and
25
send it out?
It really needs the scrutiny of a

1472
1
number of people in specialized agencies and within
the public?
lay expertise in this area; is that correct?
We've heard from a lot of people with
I would say so, yes.
But I also think
that the -- gain, I've had problems with the whole
permitting process.
process, whatever it evolves to become, there should
be the ability to have a pool of independent
reviewers of any documents that the permitting people
10
But within the permitting
can draw upon to review these documents.
11
How they're compensated or if they're
12
compensated is another issue.
13
compensated, for the most part.
14
proposals and journal articles to review, and it's
15
part of our professional commitment to do those kinds
16
of reviews.
17
this context, but I just know that it's necessary.
18
In my field we are not

We are given these
Now, I don't know how it would work in
So it's your testimony that preliminary
19
drafts need to go out for review and comment before
20
they would become relied upon for any kind of use?
21
Yes, sir.
22
And you also testified it's your opinion
23
that both the environmental report and the
24
environmental impact analysis suffer fatal flaws that
25
prevent the public from really understanding the

1473
1
consequences of -- the air pollution consequences of
this project; is that right?
Yes.
And the reason is because they do
not account for the wide variability of the wind out
here.
think more about that.
But it is a deep concern.
Let's put it that way.
It's a very deep concern for
this citizen, and it should be a deep concern of
everybody in this region, that this has not been
Whether that is fatal or not, I'd have to
10
addressed.
11
12
So you would characterize it as a serious
concern that should be looked at?
13
Yes, sir.
14
And if it wasn't looked at, it should go
15
back and have that look with peer review.
16
what you're testifying to?
17
That's correct.
18
Okay.
19
20
Thank you.
Is that
I appreciate you
clarifying that.
Mr. Spaanstra asked you about AERMOD and
21
MILDOS, and he asked you some questions about the
22
regulatory requirements.
23
your opinion is that these models, as they are, are
24
inadequate to understand the air pollution involved
25
with the Energy Fuels proposal; is that right?
But your testimony was and

1474
1
Yes.
Again, the main reason is, number
one, MILDOS is a straight line model.
What that
means is that it is good for flat terrain.
basically -- in a cross-examination of Dr. Little,
the expert that did the MILDOS runs, he admitted that
they are really for the local area, the flat terrain,
say, around the mill and to the fence line and the
other places that MILDOS was applied to.
long distances and complex terrain, he admitted that
It is
But for
10
this was not a model that gives you relevant
11
information.
12
And you testified that we live in an area
13
with long sight distances, complex terrain, very
14
complex air transport -- I guess that's the end of
15
that sentence, complex air transport; is that
16
correct?
17
Yeah.
This is not flat terrain.
And
18
Dr. Little, whose expertise is in radioactivity and
19
its consequences, admitted that he used MILDOS as a,
20
quote, unquote, black box.
21
details of this.
22
his expertise was applied to the results of the data.
23
That's where he felt he was best at.
24
took the runs as they came out with the monthly
25
averages.
He did not know the
He knew how to input the data, and
And he just

1475
1
And to be able to know a dose somewhere,
you need to know whether or not a radioactivity
particle is on dust, getting to a place?
Whenever you quote an average, you should
quote the variability associated with that average.
And I see nothing like in these reports.
Okay.
And Mr. Spaanstra asked you to
testify about a Department of Energy uranium leasing
environmental assessment.
Do you recall that?
10
Uh-huh.
11
Were you aware that Judge Martinez ruled
12
that that environmental assessment has no legal or
13
practical effect?
14
MR. SPAANSTRA:
Your Honor, I object for a
15
couple reasons.
16
the assessment itself.
17
Department of Transportation took that assessment
18
into account.
19
conclusion about what Judge Martinez ruled.
20
Number one, I did not inquire about

I inquired whether the
Secondly, he's asking him for a legal
HEARING OFFICER:
It's permissible
21
cross-examination.
22
direct done by Mr. Spaanstra.
23
conclusion as to what Judge Martinez ruled, and I
24
have the orders.
25
This isn't in response to the
MR. STILLS:
But it is a legal
If I could direct you to

1476
1
Page 51 of that order, which is also CDC vs. DOE 819
Fed Sup 2nd 1193 reported at Page 1224, I'll just put
into the record that the witness was asked about
reports that rely on an environmental assessment that
has no legal or practical effects.
HEARING OFFICER:
(By Mr. Stills)
But I'll move on.
Okay.
And you heard testimony
that beach sands at these tailings piles would not be
covered during operations; is that correct?
10
Could you repeat that again?
11
At the tailings piles, are you familiar
12
with the edges of the piles that are going to be dry
13
and they're referred to as beach sands?
14
areas that in those circumstances will have water
15
cover.
16
So there's
I have to admit that I looked at some of
17
the engineering drawings, and it was hard, without a
18
consultant next to me, to interpret what they meant.
19
But I have heard of beach sand, and I now understand
20
what it is.
21
tailings area that will probably be only subject to
22
some kind of dust suppression, but not the water and
23
saturated thing that they described.
24
25
Q
that.
So there must be material outside of the
I might also --
If you don't know that, you don't know

That's fine.
But assuming that there are

1477
1
beach sands and materials that aren't covered by
water, it's your opinion that these kinds of
materials should be analyzed for their transport in
these models; is that correct?
Yes, to the degree that they need to
estimate a lofting threshold.
And I also might
mention something I forgot in that respect was the
fact that I believe that in the operation there'll be
these so-called stockpiles of ore placed around the
10
mill area for them to draw upon during times when
11
they can't get deliveries from mines to keep the mill
12
going.
13
erosion if they aren't properly handled.
14
So those also would be subject to wind
Okay.
And the last piece, you were asked
15
a series of questions about Telluride and Montrose
16
(sic) County and what they were able to gain through
17
a separate settlement agreement.
18
Did I say "Montrose"?
19
Telluride and San Miguel County had
Thank you, Jeff.
20
arrived at a settlement agreement, and you're aware
21
that that's not binding on CDPHE?
22
No.
23
Yeah.
I wasn't aware of that until now.

CDPHE doesn't have to follow that
24
if they don't want to.
I believe that was the
25
testimony of Steve Tarlton.
So that's a private

1478
1
agreement, and whatever is in there, I guess that's
what they have.
that the protections that are provided there are
provided to everyone, at a minimum, so we've
established a floor of what should be done?
haven't necessarily established what the best
practices are that should be done concerning air and
the issues in that; is that correct?
MR. SPAANSTRA:
10
But don't you think it's only fair
HEARING OFFICER:
11
(By Mr. Stills)
We
Travis is testifying.
Sustained.
Was it your testimony
12
that everyone should be provided the protections that
13
are in that settlement, at a minimum?
14
I agree with that statement.
And the way
15
that I couched it was that I haven't read it except
16
for the bullets that I read in a Telluride Daily
17
Planet article a couple days ago when they were
18
discussing this, or maybe it was a week or couple
19
weeks ago.
20
haven't had a chance to look at it.
21
that this was an agreement between one county and the
22
participants in this mill and that it was not
23
applicable to the other impacted areas, and it should
24
be.
25
This is a multipage document, and I

But my point was
And that's where the new word -- the legal

1479
1
professional has then produced complexified.
makes it that much more complex if these kinds of
restrictions or requests -- and I haven't looked at
all of them, but they look pretty good, just the scan
that I'm doing in the time that I've had with it.
And yes, that should be applicable to the entire
operation for everybody and not just San Miguel
County.
San Miguel County, not everybody.
10
11
That was my point.
It just
That's why I kept saying
Well, and for the record, complexify is in
the Merriam-Webster dictionary.
12
13
there?
14
That's too much for me.
15
I'm copacetic on that one.
16
The date of the agreement is October 2012.
17
There's no date of this.
18
19
It is?
All right.
Is probablistisize in
It's just a
blank line for me.

Q
Okay.
You may not have been provided the
20
signature pages, but I believe it's in the record
21
that this was signed in October 2012.
22
be no analysis in the -- there can be no analysis in
23
an environmental report that has not been updated
24
since 2009; is that correct?
25
Yes.
So there could
I mean --

1480
1
And there can be no analysis in the
environmental impact analysis that was issued as part
of a notice on August 6, 2012; is that correct?
Yes.
So is part of your testimony about peer
review, understanding these things in a careful,
deliberate way, a way that informs people and informs
the people making decisions, that what we should do
is look at these alternative means that are contained
10
in this document and have a good, full, robust
11
analysis?
12
here?
13
Is that what you've been talking about
It seems like that's what I get from what
14
I have read about -- and again, the scan of the
15
agreement, yes.
16
from the general public, alas, through a legal
17
determination or agreement, that I felt should be --
18
should have been provided at the outset of this
19
determination, not at the end or close to the end.
20
This is the kind of detailed input
So as a matter of public interest, the
21
whole area should receive these protections or at
22
least consideration of them and not just because you
23
have the wherewithal, as I'm glad they did, to be
24
able to force it out of them during a hearing
25
procedure?

1481
1
Yeah, absolutely.
Norwood, to my
knowledge, does not have the budget to pull something
like this off.
and the town clerk can tell me, Oh, yeah, we've got
all sorts of money for New York lawyers.
Now, I may be wrong.
Maybe the mayor
How many people live in Norwood?
In the town, it's roughly around 500 to
700.
I don't know what the -- I remember 512, but
that might have been the number that stuck in my head
10
when I moved there in '94.
I'm going to say there's
11
probably 1500 people on Wrights Mesa that Norwood,
12
quote, unquote, services that is essential.
13
They're not part of the Norwood tax base?
14
No.
They're part of the various counties.
15
In my case, Montrose; and in other cases, Wrights
16
Mesa -- we look at a basin.
17
Yeah.
Okay.
You've answered my question.
18
I don't have anything more other than to thank you
19
for coming, Dr. Grossman.
20
21
22
I appreciate it.
Thank you.
HEARING OFFICER:
to ask any questions?
23
MR. BARNES:
24
HEARING OFFICER:
25
Mr. Barnes, do you want
No, thank you.

Mr. Sandler, do you want
to ask questions?

1482
1
MR. SANDLER:
2
3
Just quickly.
CROSS-EXAMINATION
BY MR. SANDLER:
Can you hear me?
Yes.
All right.
I was getting a little
feedback there.
Yeah.
Can you hear me now?
10
Yes.
11
All right.
12
Sorry about that.
Good morning, Dr. Grossman.
13
How do you do.
14
Doing fine.
15
16
Thanks.
Now, just quickly, am I correct that

evaporation increases in windy conditions?
17
Yes.
18
So would it be fair to say that it will be
19
difficult for Energy Fuels to keep the tailings cells
20
and evaporation pond area saturated in these windy
21
conditions?
22
That, to me, would be a matter of a study.
23
They could probably do a feasibility study using
24
actual materials and scale it up to the size of the
25
eventual situation.
They may be able to get a

1483
1
private contractor to do that.
I don't know how many inches or quarter inches or
feet of water goes over these tailings.
certainly is a consideration.
calculation, which I probably could do, given the
nice information from these meteorological towers
that they have put out there.
my birdbath that you can get an inch of evaporation
in a day here, especially during these windstorms.
10
11
But I agree with you.
But that
I know, not from
But I just know from
It just sucks it right up.

Q
Okay.
It's fair to say one of your big
12
concerns is these extreme windy conditions that exist
13
in the valley?
14
I'll label that as wind variability.
15
yes, within that wind variability are these very
16
strong gust storm events, yes.
17
Okay.
But
Now, you mentioned that studies
18
could be done to determine if it would be possible to
19
keep these contaminated areas moist during these wind
20
events.
21
conducted?
22
No.
23
Okay.
24
25
To your knowledge, have these studies been
To my knowledge, I don't know.

Do you believe any of your concerns
about -- let me start over.

Do you believe that any of your concerns

1484
1
about this stuff blowing around in windy conditions
and the feasibility of any mitigation measures as far
as keeping them moist have been studied or analyzed
in any of the documents?
It appears to me that within the mill
site, again, without any determination of
variability, in a general context I believe I
mentioned that there was an investigation of a high
wind event by the APCD in the EIA that used one high
10
wind event.
11
But my testimony brought out the fact that
12
even within the mill area where they used MILDOS and
13
where these models might more directly apply, they
14
have not accounted for variability.
15
averages and gave a 12-month -- they used
16
intramonthly variability but not the full range of
17
variability that could be assessed and for which
18
there is data available to do so.
19
Okay.
20
As far as I could see.
21
Okay.
So that just wasn't done?
Now, do you know how they plan to
22
keep these beach sands moist?
23
explained to you in these documents?
24
25
No.
They use monthly
Has that been
I've done my best to try to scan all
of these documents.
Again, I got into this in

1485
1
August.
obliterated.
has -- if that's correct -- has led me to -- but that
was during the hearing.
from what I could gather I could not see what they
were doing.
they just spray these things, or maybe they have an
in situ sprinkling system that sprinkles them
regularly.
10
I went to the Web site and was completely

I know that kindly, Mr. Warren Smith
I was very confused.
And
I would expect that they have trucks and
Okay.
But would you agree that either
11
spraying or a sprinkler system would probably not be
12
effective in these high wind events, these high
13
variable events that you speak of?
14
MR. SPAANSTRA:
Your Honor, he's already
15
testified he doesn't know what's going to happen
16
here.
17
18
19
HEARING OFFICER:
Well, I'll allow
Mr. Sandler's question.

A
The general situation, yes.
I would say
20
that depending on the droplet size of the spray --
21
and that could be a spectrum of droplet sizes, not
22
just one droplet size but a whole spectrum and
23
probably would be -- that a high wind event would
24
seriously compromise that situation, depending on
25
where the piles and various things were that were

1486
1
2
being sprayed with respect to the wind direction.

Q
(By Mr. Sandler)
Okay.
So kind of the
same principle behind the advice of not to urinate
into the wind?
Sorry.
I said the same advice behind the theory
7
8
of not wanting to urinate into the wind?

A
9
10
Thank you.
HEARING OFFICER:
Or Dr. Grossman, do you have any other

testimony you want to offer?
DR. GROSSMAN:
16
MR. STILLS:
17
HEARING OFFICER:
19
you're up.
Not at this time.

Nothing further.
Officer.)
HEARING OFFICER:
22
THE WITNESS:
25
Mr. Barnes,
(Randy Barnes was sworn by the Hearing
21
24
All right.
First, would you raise your right hand.
20
23
Does anybody else have
any other questions for Dr. Grossman?
15
18
No further
questions.
13
14
That's correct, the first rule of sailing.

MR. SANDLER:
11
12
Could you say that again?
State your full name.
Randy Barnes, R-a-n-d-y
B-a-r-n-e-s.
HEARING OFFICER:
And you're the town
manager of Ophir?

1487
1
2
THE WITNESS:
I'm the town manager of the
Town of Ophir.
DIRECT EXAMINATION
MR. BARNES:
Okay.
So most of this was
written prior to the hearing.
I'm certainly not an
expert witness, but I want to represent the Town of
Ophir and our community and our concerns with this
mill.
Friday and Saturday, attended yesterday until 2:00
I have attended Wednesday, Thursday, called in
10
and then was on the phone until 7:00 p.m. last night.
11
Our mayor has been here and on the phone, and we also
12
a have general assembly member that was present and
13
has listened in on the phone, as well, so we're
14
obviously very concerned about this mill and the
15
effects to our community and region.
16
Basically, you know, our community is
17
really concerned about this, and we want real answers
18
with real and absolute for sures, not just minimized,
19
limited, as low as possible, best practices verbiage.
20
21
Tell me if I go too fast.

slow.
When I'm nervous, I talk fast.
22
THE REPORTER:
23
MR. BARNES:
I'll try to go
I'm sorry.
Okay.
Again, we want absolutes, as
24
the uranium industry cannot promise this based on
25
their historical past and the current and ongoing

1488
1
legacy of damage.
prove that it can adequately manage this damaging
industry based on the historical contribution of
taxpayer dollars, the detrimental past, and ongoing
effects and the associated track records to public
health, safety, and environment, this being their
mission and vision statement.
8
9
Additionally, the CDPHE cannot
There is no existing proof that any mill

can and will operate violation free to date.
We have
10
heard claims of a state-of-the-art design, but we
11
have heard testimony to the contrary.
12
being placed upon the majority to benefit a minority,
13
to profit a foreign corporation.
14
is that this decision made by so few will affect
15
thousands and numerous generations.
16
of my opening.
17
This is a risk
More so concerning
So that's kind
What I would like to tell you now is a
18
little bit about myself.
I've been the town manager
19
for the last three years.
20
mayor for two, and prior to that I was the town clerk
21
for five.
22
community.
23
almost 24 years, and I've lived in Ophir for 14 of
24
those years.
25
hands, and I live there with my wife and our three
Prior to that I was the
So therefore I can say I know our

I've lived in Southwest Colorado for
I built my home literally with my two

1489
1
children.
everything a minimum of three times.
So please forgive me.
I'm used to saying
I would like to say the Town of Ophir was
founded in 1881.
It was originally an old mining
town that has transcended into a working class
community in San Miguel County, primarily comprised
of families and retirees.
municipality acting by and through a general
assembly.
We are a homegrown
We are not a multimillion dollar home
10
community, nor are we a collection of trust funders.
11
We are working for a living.
12
currently, 160 residents, and 60 kids, with one due
13
in December.
14
We have 73 homes
We live at 10,000 feet.
This is an
15
east-west valley that sits on the western edge of the
16
San Juan Mountains.
17
regional and environmental beauty, open space,
18
solitude, and recreational opportunities.
19
skiers, boaters, hikers, hunters, amongst all the
20
other awesome recreational opportunities the region
21
has to offer.
22
we would like to leave something better behind for
23
our children and future generations.
24
25
We all live here because of the
We are
And like all parents, I would assume,
Thus it is truly disappointing and

concerning that an incredibly unique and beautiful

1490
1
environment could become an industrialized landscape,
forever disrupted and contaminated.
small, and we operated on a $112,000 budget last
year.
bookkeeper and treasurer is from Norwood, Colorado.
Our community is
And just one thing about our staff.
Our
Ophir does pride itself on its close-knit
community, its progressive philosophy, and its
aspirations to have a low impact on the environment.
From the town's 20-year land conservation efforts,
10
which have resulted in over a thousand high country
11
acres surrounding the town being placed under
12
conservation, to more recent efforts to develop
13
solar, wind, and hydro power in the valley, Ophir
14
has, for the past two decades, prioritized regional
15
lands and water protection and dedicated significant
16
resources to that end.
17
We have worked with the San Miguel
18
Conservation Foundation, the San Miguel Water
19
Conservation Association, the U.S. Forest Service,
20
the EPA, the Trust For Public Lands, the Trust For
21
Land Restoration, GOCO, DOLA, and CDPHE to improve
22
water quality, reclamate mines, and acquire open
23
space to put in public hands.
24
to reduce our carbon footprint, which we actually
25
moved in the correct direction on that one last year,
We have also pledged

1491
1
2
and we achieved a $75,000 grant for renewable energy.

In November of 2009, the town began
actively pursuing -- actively opposing the Pinon
Ridge uranium mill which is seeking a license from
the Colorado Department of Public Health and
Environment.
constructed less than 60 air miles west of Ophir in
the Paradox Valley.
airborne pollutants from the mill, radioactive or
If approved, the mill would be
The town is concerned that
10
otherwise, will be deposited in the valley and will
11
contaminate the surface creek that is the public
12
drinking water supply for the town.
13
So I want to talk a little bit about our
14
water supply because we just did -- we recently
15
converted from groundwater to surface water in
16
Waterfall Canyon, which is a tributary of the Howards
17
Fork and San Miguel River.
18
End company from Naturita, and the project contract
19
was nearly $800,000.
20
grants from DOLA and loans and worked with ARRA to
21
fund and construct the water treatment system.
22
worked with the Colorado Power Development Authority
23
and the CDPHE to do this.
24
that are served by this water system, but at
25
build-out this could double.
We actually used a West
We did this through state
We
Currently we have 73 homes
And we do have a source

1492
1
water protection ordinance, but it only extends three
miles.
Recently we participated in the San Miguel
County Baseline Radionuclide Work Study Plan, and we
did this because we are literally at times downwind
from the Paradox Valley.
transported by west to east winds, particularly in
low duration, high frequency windstorms.
And they
are deposited in the San Juan Mountains.
This is
Dust from the desert is
10
visible every year, and it has been noticed.
The
11
Western San Juan Mountains typically receive four to
12
seven major dust deposition events per year according
13
to the study by J.C. Neff, increasing eolian dust
14
deposition in the Western United States linked to
15
human activity, published in the Nature Geoscience
16
March 2008 edition.
17
Additionally, the University of Colorado
18
professor Dr. Mark Williams has documented this air
19
transport mechanism in his article "Class 1 Areas At
20
Risk:
21
Elevation, Western Site," published in The Scientific
22
World in 2001.
Event-Based Nitrogen Deposition to a High
23
If radionuclides particulates from the
24
Pinon Ridge facility are added to this deposition
25
pattern, Ophir's water supply could be rendered

1493
1
unsafe.
So Ophir has proactively attempted to
establish a baseline for radioactive material in our
water source to allow comparisons with future data if
this mill is ever built.
administrator of this study.
and there are no radioactive particulates in the
Ophir water source.
8
9
I am the contract
We have gotten results,
Ophir wants to keep it that way.
So as I said, we joined in on expressing

our concern in 2009.
We have written many letters.
10
All our residents have written comment letters
11
previously.
12
listening session.
13
session.
14
our town hall.
15
get anybody a DVD from it.
16
that the meeting was a drop-by session where people
17
could give their oral comments and written questions.
18
We weren't offered specifics about the mill, only the
19
licensing process.
We had a meeting in Ophir for a CDPHE

It was called an availability
And that meeting was standing room only in
20
The meeting was videotaped, and I can

I do want to be clear
When it seemed apparent that this was
21
going to be approved, "this" being the mill, Ophir
22
chose to become party status.
23
doing that.
24
wrote Mr. Tarlton on November 22, 2010.
25
"For many years now, the U.S. Forest Service, the
We were successful at
I want to read from a letter that I

It says,

1494
1
University of Colorado's Institute of Arctic and
Alpine Research, INSTARR, the San Miguel Watershed
Coalition, and the Town of Ophir have coordinated
efforts to study the air and water quality in Ophir.
The project managed by University of Colorado
professor Dr. Mark Williams has consistently shown
that high winds transport pollution from regional
coal-fired power plants, some more than 200 miles
away.
As a result of the orographical and
10
geographical influences, these pollutants, riding on
11
east-to-west winds, are deposited on the windward
12
sides of the mountains in the Ophir Valley."
13
That is from Dr. Williams' report, as I
14
referenced earlier.
Indeed, because the town is
15
downwind of the proposed site and on the windward
16
side of the San Juan Mountains, Ophir will be
17
directly impacted by pollutants emitted from the
18
mill.
19
pollutants, will be carried to and deposited in the
20
valley and in surface waterways which are the source
21
for the town's public drinking water.
22
other shortfalls, Energy Fuels' application has
23
failed to address this meteorological and
24
topographical phenomenon and the impact on public
25
health.
Radionuclides, as well as other nonradioactive
In addition to

1495
1
So I've addressed the settlement agreement
with San Miguel County, the Town of Telluride, and
Energy Fuels.
unanimously, in the settlement agreement.
grateful for the water quality testing that is going
to be done in Waterfall Canyon, but should they
choose to amend this agreement that can be
terminated.
concerned that in the event of certain exceedances,
We chose not to participate,

Ophir is
Suffice it to say that Ophir is
10
investigating the primary responsibility of the
11
facility will take some time.
12
as reasonably achievable emission levels does not
13
ensure curtailment of radionuclide deposition.
14
Remediation to as low
There are uncertain time frames on
15
remedial investigation, and corrective action could
16
impede legal remedies.
17
suspension of the facility operation as a possible
18
outcome does nothing to address the potential
19
pollution when the facility is or should be
20
decommissioned.
21
status to oppose the approval of this license because
22
we believe the application is deficient.
The possible temporary
So Ophir chose to remain party
23
And I will just address one thing about
24
the suspension of the operation of the Pinon Ridge
25
facility as to the settlement agreement with San

1496
1
Miguel County, the Town of Telluride and Energy
Fuels.
for radionuclides at any level of the three water
sources identified in this Article 3 exceeds
100 percent of the maximum containment levels
identified in this Article 3 for any four biweekly
sampling periods in one calendar year and the CDPHE
determines that the Pinon Ridge and/or mine supplying
ore to the Pinon Ridge facility are the primary
Basically it says here if the measured levels
10
source of such elevated levels of radionuclides,
11
Energy Fuels shall conduct further correction action
12
as required by the CDPHE to reduce the radionuclides
13
below the maximum contaminant levels, which may
14
include the temporary suspension of activities at the
15
Pinon Ridge facility.
16
how I read it.
17
So there's no guaranties, is
Ophir is not represented by counsel at
18
this stage of the licensing process and has not hired
19
any of its own expert witnesses.
20
will not directly address the technical grounds for
21
Ophir's objections to the approval of this license or
22
the technical deficiencies in the application.
23
would instead defer to the procedural and substantive
24
arguments and positions put forth by the other
25
parties in opposition to this license.
As a layperson, I
But I
Specifically,

1497
1
Ophir adopts and endorses the expert reports and
testimony of Sheep Mountain Alliance witnesses, and
Ophir adopts and endorses the statements, reports,
and testimony of Dr. Robert Grossman.
However, Ophir does believe that the
application lacks adequate specifications for
controlling air emissions -- for controlling
emissions to air.
specifications for an environmental monitoring
The application also lacks
10
analysis.
11
adequate and comprehensive ground and surface water
12
monitoring.
13
And we do believe the application lacks
Specifically to the air, I would like to
14
read another excerpt from a letter that we sent to
15
Mr. Tarlton on November 22, 2010.
16
MILDOS-AREA Model has been approved by the NRC as
17
well as the CDPHE, the model is inadequate for
18
modeling air masses in mountain terrain.
19
reflected in CDPHE's own comments, the MILDOS-AREA
20
Model uses Gaussian plume algorithms and assumes flat
21
terrain."
22
August 19, 2010, from Steve Tarlton, manager of RCP,
23
to Frank Filas, Energy Fuels.
"While the
As
And that was said in a letter of
24
"In this case there is a significant
25
difference in elevation, 4,379, between Paradox

1498
1
Valley and Ophir.
Thus, air traveling 60 miles on
predominantly west-to-east winds from Paradox to
Ophir rises abruptly by several thousand feet when it
hits the western edge of the San Juan Mountains.
Moreover, MILDOS projects the dose to populations
within an 80-kilometer radius.
included in a generalized continental population
dose.
speeds, and mountainous terrain, towns just outside
Towns beyond that are
Yet due to orographical conditions, high wind
10
the 80-kilometer radius may be significantly
11
affected, more so than residents at the far corners
12
of the continent.
13
"Radon, in particular, with its half-life
14
of 3.8 days, will easily make the 50-mile journey,
15
sometimes in just a few hours with high winds.
16
town, which lies just outside the 80-kilometer
17
radius, is concerned about the impacts to their air
18
and water quality from dust storms and other weather
19
events that will transport pollutants.
20
The
"The town concurs with the CDPHE that the
21
application does not address the effects of low
22
duration, high wind events typical of the dust storms
23
that are becoming more and more common in the
24
Southwest.
25
the town is on the receiving end of those storms.
Given the prevailing west-to-east winds,

1499
1
Indeed, given the frequency and intensity of dust
storms, the town considers this lack of information a
serious deficiency in the application.
regional dust analysis report posted October 14, 210
on the CDPHE Web site does little to shed light on
this issue.
estimate radiation doses to the public and dispersion
of the dust, which as discussed above is inadequate
to the task.
10
Yet the
First, the study relies on MILDOS to
"Additionally, the dust report analyzed
11
only PM10 particles and did not examine total
12
suspended particulates.
13
size, such as PM2.5, should have been included.
14
These smaller particles are more likely to travel the
15
distance from the mill site to the town, and smaller
16
particles can be more detrimental to public health.
17
Particulates of a lesser
"The town is concerned that the
18
radiological exposure pathways report posted on
19
November 5, 2010, does not examine exposure pathways
20
where airborne particles are deposited in waterways
21
and from there consumed by humans.
22
considers air-to-air and air-to-soil but not
23
air-to-water, the primary pathway by which town
24
residents would be affected."
25
Okay.
The report
So in the end, we don't believe the

1500
1
application has addressed these concerns in a
satisfactory manner.
about jobs, wildlife, transportation, socioeconomic
effects, and the effects on agriculture, ranching,
and tourism.
so many others have.
couple concerns that we have, though, is that the
reclamation bond is too low based on historical
values, another reason we did not participate in the
We do have additional concerns
But I'm not going to address those, as

One other concern -- or a
10
settlement agreement.
11
funded cleanups have occurred in every case, to my
12
knowledge.
13
And in the past, taxpayer
Groundwater contamination would appear to
14
disqualify the site for permanent transfer to the
15
Department of Energy.
16
regional economy could happen when an accident
17
happens.
18
not just minimizing, limiting, best practices
19
verbiage.
And in the end, we are left with one
20
question:
Why approve the mill?
21
this opportunity to testify.
22
that you will carefully consider our testimony and
23
the comments of the residents and property owners in
24
determining what your recommendation will be to the
25
CDPHE director.
And detrimental effects on the
Again, as a community, we want absolutes,
So thank you for
Judge Dana, we trust

1501
1
MR. SPAANSTRA:
MR. GOAD:
DR. GROSSMAN:
4
5
6
No questions, Your Honor.
No questions.
I have a question.
CROSS-EXAMINATION
BY DR. GROSSMAN:
Q
Do you think that CDPHE, given your
concerns and the settlement agreement, as you see it,
and the discussion you've heard since you've been at
these meetings so persistently -- has the number of
10
regulators and officers that can come into the field
11
on a regular basis all seasons of the year and
12
monitor these operations, do you think that they are
13
in a position to do so?
14
15
16
Are you asking me about the Town of
Telluride and San Miguel County, if they're -Q
No.
I'm asking you if the state has
17
enough people to come out and do what you want them
18
to do, to monitor this place?
19
20
21
I'm sorry.
I think I don't understand
your question.
Q
Well, basically environmental police
22
officers to take a look at the agreements that have
23
been made, the monitoring that needs to be done to
24
keep this place -- the mill, if it's in operation --
25
safe, do you think that CDPHE and the state has

1502
1
enough of these police officers, given all the other
things they're doing in the state, to come out here
or maybe be stationed out here to take care of
business?
I don't have faith in the industry.
There's a proven track record of damage to the
environment, people's health.
can adequately address it.
So I don't think they
Second question.
10
Okay.
11
You mentioned Gaussian dispersion.
And
12
I'm wondering -- and this is a general question to
13
everybody -- if during a break or even now -- and
14
I've mentioned it, too -- if you want me to discuss
15
this because it's basically theoretical.
16
practical.
17
do you want me to explain this to you so that you're
18
well aware of what Gaussian dispersion really means?
19
We've been knocking this term around.
20
to do it either now or during the break.
21
Okay.
It's all we've got.
It's not
But I'll --
I'll be glad
I don't know.
22
Is it appropriate for him --
23
HEARING OFFICER:
If you want to talk to
24
him during the break, that's fine.
It's not
25
appropriate for him to testify about Gaussian

1503
1
dispersion during a break.
THE WITNESS:
That's what I would assume.
So yeah, you can explain it during a
break.
to us and recommendations regarding the different
theories on dust deposition.
expert opinions, it does happen.
doesn't matter to me what theory they're using.
the end, it's proven that the uranium industry causes
You know, we've had experts provide opinions
And based on those

And, you know, it
In
10
damage, and it's proven that the dust does come to
11
Ophir from the desert.
12
MR. STILLS:
13
finished?
14
DR. GROSSMAN:
15
16
I do have a couple -- are you
Yes.
CROSS-EXAMINATION
BY MR. STILLS:
17
Good morning.
It's five to 12:00.
18
All right.
19
I appreciate you coming over, and I
20
appreciate the work the Town of Ophir's done
21
throughout this and the litigation that resulted in
22
forcing these hearings to happen despite the position
23
taken by the state and Energy Fuels.
24
that.
25
I do appreciate
And you testified to the fact that you

1504
1
were at a hearing in June 2010 in the Ophir community
building?
Correct.
And Dr. Williams, who you referred to, was
That's the correct date.
there that day?
Yes, he was.
Do you remember any comments he made about
8
9
10
the air models being used for this process?

A
If I remember correctly, I think he
felt --
11
12
MR. SPAANSTRA:
totally hearsay.
13
14
Your Honor, this is
HEARING OFFICER:
in a minute, I think, but I don't know yet.
15
THE WITNESS:
16
MR. SPAANSTRA:
17
18
We could watch the DVD.
(By Mr. Stills)
We could.
Go ahead and answer.
He
actually said, Yes, go ahead and answer.
19
20
inadequate.
21
22
We're going to get there
I did say yes, he felt that it was
Did he use any colorful language to
describe its inadequacy?
23
I can't testify to my remembering that.
24
Okay.
25
And you recall Mr. Tarlton being
there, as well?

1505
1
Absolutely.
And your testimony was that you expressed,
you know, a lot of concern about what was happening
with this permit, is that correct, or with this
application?
7
8
9
10
11
12
I'm sorry.
Everybody in attendance was very concerned
about the mill.

Q
And you're familiar with the environmental
impact analysis that was conducted by CDPHE?

A
A little bit, yes.
I've heard a lot about
it, but I can't say I grasped it all.

Q
It was -- I guess the version that we have
13
was finalized in January 2011, according to
14
Mr. Tarlton.
15
draft of that EIA before January 2011?
Were you asked to provide comments to a
16
Not to my knowledge.
17
Was the town ever invited to participate
18
19
20
in an official capacity for preparation of the EIA?

A
We did have some
other parties in Ophir, working with Ophir for this.
21
Okay.
22
So I don't recall that I received
23
personally an invitation.
24
Okay.
25
I can review this --

1506
1
But given the level of interest in the
town, you would have been one of the people who would
have been provided an opportunity to prepare that
response; is that true?
Typically that would be the case.
Okay.
And you're not aware of any
invitation to participate as a cooperating agency to
help with the preparation of the EIA; is that
correct?
10
11
Again, thanks very much for testifying.
12
know a small town engaging in these kinds of
13
proceedings is an interesting match, but I appreciate
14
it.
15
Thanks very much.
16
As a municipality, we found it
important to be here.
17
18
Thank you.
HEARING OFFICER:
Does anybody else have
questions?
19
Anything else you want to say, Mr. Barnes?
20
THE WITNESS:
21
HEARING OFFICER:
22
No.
Mr. Sandler, do you have
any questions?
23
MR. SANDLER:
No questions.
24
THE WITNESS:
Thanks, guys.
25
You made it
easy.

1507
1
2
HEARING OFFICER:
Is this a rational time
to take our 15-minute lunch break?
(Recess from 12:02 p.m. to 12:20 p.m.)
HEARING OFFICER:
MR. STILLS:
HEARING OFFICER:
All right.
We're back on the record?

Do we have the phone on?
Mr. Moore, before you get away, are we still on the
phone?
MR. SANDLER:
10
11
HEARING OFFICER:
Our 15-minute lunch
break is concluded, and we're back on the record.
12
13
We're on.
MR. STILLS:
If I may just inquire, we're
done with direct testimony then; is that correct?
14
HEARING OFFICER:
15
MR. STILLS:
16
MR. GOAD:
17
MR. STILLS:
18
I believe we are.
We're done with direct?

Correct.
And now we're just moving
into rebuttal?
19
HEARING OFFICER:
20
MR. STILLS:
21
MR. SPAANSTRA:
22
23
Rebuttal.
Okay.
Who are we calling?
We're calling Kim
Morrison.
MR. STILLS:
I would lodge an objection.
24
Ms. Morrison was not identified by Energy Fuels as a
25
rebuttal expert in the disclosures that were made on

1508
1
August 5, 2012.
all of its rebuttals.
under the Rule 26 requirement that the parties agreed
upon was Frank Filas.
Frank Filas, we think that's appropriate.
call witnesses that were not disclosed timely,
providing us an opportunity to do discovery, we do
object to them being called.
Sheep Mountain Alliance did reveal

The only person identified
So if we have testimony from
MR. SPAANSTRA:
But to
Your Honor, Ms. Morrison
10
was disclosed on September 20th in our original
11
expert disclosures.
12
November 2.
13
November 2 there was a massive list of will call --
14
may call witnesses that Mr. Stills had.
15
argued strenuously that we should make them all
16
available here.
17
offered to bring the four we have.
18
would like the opportunity to put them on.
19
Her report was disclosed on
If you recall, in our discussion on
And he
As part of that discussion, we
MR. STILLS:
And hence, we
And Your Honor, our objection
20
was based on the fact that these witnesses should
21
have been -- they were properly disclosed as
22
witnesses for their direct case to support the burden
23
that they have in this proceeding.
24
needed to come back and do other testimony, that
25
would be fine.
And if they
But Energy Fuels chose to rely on

1509
1
Frank Filas.
And revealing their report on November
2nd also provided us no opportunity to do any
discovery.
to start on December 7th -- I'm sorry --
November 7th.
That was five days before the hearing was
Basically what has transpired is, you
know, kind of a bootstrapping or sandbagging of
providing their direct case.
as rebuttal, as we said in other places, denies us
Providing these folks
10
our right to be able to participate in this hearing.
11
And this was the subject of several motions by Energy
12
Fuels.
13
and August 5th were key dates, dates which Sheep
14
Mountain Alliance adhered to for the disclosure of a
15
major portion of the case.
16
opportunity to conduct discovery, get any document
17
disclosures.
18
witnesses forward.
Those are important dates.
19
September 20th
We never had the
Discovery closed the day they put these
MR. SPAANSTRA:
Your Honor, again, we
20
disclosed Ms. Morrison on September 20; not the
21
rebuttal report, but the original reports in that
22
disclosure.
23
reiterate.
24
Mr. Stills had that these people all should be
25
available, we've provided an expert --
In terms of the -- again, I'll

Given the passionate argument that

1510
1
MR. STILLS:
We --
MR. SPAANSTRA:
And as you have ruled, you know, discovery
Can I finish, please?
could continue through the hearing.
certainly very responsive to Mr. Stills' requests to
continue discovery beyond the dates in the stipulated
agreement, and so therefore we'd offer her.
MR. STILLS:
You've been
I do have a copy of the
September 20th disclosure sent by Energy Fuels.
They
10
said that they were listed on our witness list.
They
11
were not listed as expert witnesses.
12
there does not work.
13
So back-dooring
And I'd also submit that although we're
14
just discussing one of these witnesses right now, I
15
believe there's some intent to bring witnesses who
16
aren't on this list to testify as experts.
17
would go ahead and lodge our objection to that right
18
now.
19
may or may not want to call.
20
And we
We can also lodge it as he determines who he
MR. SPAANSTRA:
Your Honor, I have SMA's
21
disclosure, and listed on it is Kimberly Morrison.
22
It says, See expert report and may call.
23
were very much aware; in fact, were demanding that
24
she be in the room.
25
HEARING OFFICER:
And so they
Anybody else want to say

1511
1
anything to make a record?
MR. STILLS:
One more point on that.
Those were identified as adverse or
cross-examination.
Energy Act requirement that they meet their burden in
such a manner as we may cross-examine and not charge
us to cross-examine or sandbag them until rebuttal.
I'm done.
That is based on the Atomic
HEARING OFFICER:
I have played fast and
10
loose with the discovery rules throughout the course
11
of this process in an effort to make sure everybody
12
got access to everything they thought they needed for
13
this hearing and to get ready for this hearing.
14
I appreciate counsels' cooperation throughout the
15
course of this process in filing motions and filing
16
responses and filing replies way ahead of the time
17
that would normally be contemplated.
18
to rule, to the extent I could, quicker than I might
19
normally have ruled.
20
21
And I've tried
You've made your record.
We're going to
hear from the witness.
22
MR. SPAANSTRA:
23
MR. STILLS:
24
HEARING OFFICER:
25
And
Thank you.
Thank you.
Your Honor.
And you can make
arguments further in the course of the hearing

1512
1
process if you want to.
here.
But we have live people
We're going to hear from them.
MR. SPAANSTRA:
HEARING OFFICER:
(Kimberly Morrison was sworn by the
Thank you, Your Honor.
Hearing Officer.)
HEARING OFFICER:
THE WITNESS:
9
10
11
Raise your right hand.
Kimberly Finke Morrison.
DIRECT EXAMINATION
BY MR. SPAANSTRA:
Q
Welcome to Nucla, Kim.
I'm pleased we're
12
actually going to have a chance to talk to you.
13
Thank you for coming back from the Congo to be here.
14
I'm going to ask you a few questions because I'm
15
going to offer you as an expert.
16
will probably have a discussion about that, as well,
17
but let's see where it goes.
18
19
20
And Travis and I
Could you first please provide your

educational background.
A
Certainly.
I received a bachelor's degree
21
in geological engineering from the University of
22
Missouri-Rolla in 1996, graduating summa cum laude.
23
Then I went and got a master's in civil geotechnical
24
engineering from the Georgia Institute of Technology,
25
completed there in March of 1998.

1513
1
2
3
Kim, could you please provide a summary of
your work experience since you left Georgia Tech?

A
Certainly.
When I completed my degree at
Georgia Tech, I moved to Denver, Colorado in 1998.
And I started my career as a staff engineer at
Woodward Clyde Consultants.
acquired by URS Corporation.
Golder Associates, where I progressively was promoted
from a project level engineer through to associate
Woodward Clyde was later

In 2000 I moved on to
10
from the period of 2000 through January of 2011.
11
in 2008 and '9, I moved to Perth, Western Australia
12
for a period of time during my stint at Golder
13
Associates.
14
And
In January of 2011 I briefly moved on to
15
AMEC Environment & Infrastructure, also in Denver,
16
Colorado.
17
my own consulting firm, Morrison Geotechnical
18
Solutions, where I currently reside.
19
And recently, earlier this year, I started
Thank you.
What type of projects over the
20
course -- since 1998 over the course of your
21
professional experience have you specialized in?
22
Certainly.
Over the past 15 years I've
23
specialized in environmentally responsible design of
24
mine waste facilities for clients worldwide.
25
Globally I've been involved in the design of more

1514
1
than 20 geomembrane-lined heap leach facilities and
more than 15 tailing storage facilities.
experience in the uranium industry with regard to
mining, milling, and ISR projects in the United
States, Canada, Kazakhstan, and Australia.
I have
In the CV that we disclosed on
September 20 you listed upwards of 25 technical
publications, if I'm counting correctly.
briefly describe those.
10
Certainly.
Would you
I have authored or coauthored
11
more than 25 technical publications.
12
publications have been focused on geomembrane liner
13
design in the mining industry, the design of tailing
14
storage facilities, and the regulatory environment
15
surrounding uranium tailings management in the United
16
States.
17
MR. SPAANSTRA:
Many of those
Thank you.
With that,
18
Your Honor, I'd proffer Ms. Morrison as an expert in
19
civil and geotechnical nearing.
20
HEARING OFFICER:
21
22
23
24
25
Voir dire?
VOIR DIRE EXAMINATION

BY MR. STILLS:
Q
Good afternoon.
Were you here last week
for any of the testimony?

A
I listened on Friday morning to the

1515
1
2
3
4
testimony by two of Stratus Consulting's consultants.

Q
You were not able to see any of their
presentation of the visual materials?

A
No, I was not.
However, a couple of the
items I understand were in their previous documents
which I did have the opportunity to review.
Are you here today to only testify as to
matters that were brought to your attention
concerning Stratus Consulting?
10
Yes.
11
So you're not here to testify to the whole
12
range of documents that were with your disclosure; is
13
that correct?
14
15
Absolutely not.
I don't think we have
that kind of time.
16
MR. STILLS:
17
No objection, Your Honor.
18
HEARING OFFICER:
19
All right.
20
21
22
23
24
25
Okay.
Thank you.
Anybody else?
Go ahead.
DIRECT EXAMINATION (resumed)

BY MR. SPAANSTRA:
Q
Ms. Morrison, did you prepare a report in
preparation for this hearing?

A
Yes, I did.
I prepared a document on
November 2nd.

1516
1
And that report was, actually, following
up on Travis' question, a response to Stratus
Consulting's comments on waste containment and
remediation costs on the Pinon Ridge project in
Montrose County, Colorado?
That is correct.
MR. SPAANSTRA:
that report as Exhibit 3.
Your Honor.
Your Honor, I would offer

I have a hard copy for
This was disclosed, as I mentioned
10
before, to all parties on November 2nd.
11
HEARING OFFICER:
All right.
Subject to
12
the objections made earlier by Mr. Stills, it's
13
admitted.
14
(Energy Fuels Exhibit 3 admitted.)
15
MR. SPAANSTRA:
16
19
HEARING OFFICER:
No.
I'll consider the
document.
Q
(By Mr. Spaanstra)
So Ms. Morrison,
20
briefly describe your role in the design and
21
licensing of the Pinon Ridge project.
22
I cut
you off.
17
18
Sorry, Your Honor.
Certainly.
From the year 2007 until I
23
left Golder in 2011, I served as the project manager
24
and the lead geotechnical design engineer for the
25
aspects of the projects that Golder Associates was

1517
1
responsible for.
been continuously involved with Energy Fuels and
assisting them with the permitting and licensing
aspects of the project, including assisting them with
their NESHAPs permit through the EPA.
And since departing Golder, I have
On Friday, as you just testified in voir
dire, you did listen to Dr. Ann Maest's testimony,
correct?
That is correct.
10
I would like to ask you a few questions
11
related to her comments on that day.
12
and I'm going to paraphrase.
13
paraphrase.
14
which -- that all liners leak.
15
describe generally how you address the liner issues
16
in your November 2 report that we just submitted.
17
Dr. Maest --
Well, I'm not going to
She did testify that all liners leak,
Certainly.
Could you please
In my report I indicated
18
generally that geomembrane liners themselves are not
19
permeable.
20
is affected by defects in the liner.
21
geomembrane liner when placed in contact with a low
22
permeability soil liner dramatically decreases the
23
amount of seepage through the liner system.
24
25
However, seepage through the liner system

Specifically, a
And then when you have a double composite

liner system, such as that designed for the Pinon

1518
1
Ridge project where you have an intervening leak
collection and recovery system layer, that
dramatically decreases the amount of seepage by
limiting the amount of driving head acting on the
liner.
detail.
And I do have a slide that shows this in more
MR. SPAANSTRA:
So the two slides that
we're going to see -- Olivia, I believe, is going to
send an E-mail with them here momentarily.
We're
10
trying to limit how long this (indicating) is on for
11
court reporting purposes.
12
may have to wait a minute here.
13
So I'll turn it on.
(By Mr. Spaanstra)
We
Ms. Morrison, let me
14
walk you through the slides.
15
the liner systems which were used historically in the
16
uranium mining and milling industry?
17
Certainly.
First, can you describe
This slide shows the types of
18
liner systems that are typically used in the mining
19
industry, with the amount of environmental protection
20
associated with each one.
21
no liner scenario.
22
was the case for many of the legacy projects that we
23
keep hearing so much about in the uranium industry
24
where there was no liner whatsoever.
25
First what we have is the
And this is the situation that
However, when the importance of a liner

1519
1
for environmental protection -- when people became
aware of that, they incorporated a clay liner.
clay liner does provide significant improvement.
It's very important to note that for this particular
demonstration I've assumed that the clay liners that
are shown here, it compares clay liners with a
thickness of 3 feet and a permeability of 10 to the
minus 7 centimeters per second.
9
10
Could you point that out on the slide, for
the court reporter.
11
12
DR. GROSSMAN:
Can I get some
clarification?
13
14
And a
HEARING OFFICER:
You can ask questions on
cross.
15
DR. GROSSMAN:
It's just that on one of
16
those, the units that are being used for this I don't
17
understand.
18
19
MR. SPAANSTRA:
later.
20
Well, you can ask that
I get my shot first.

DR. GROSSMAN:
Okay.
21
(By Mr. Spaanstra)
22
Okay.
23
Yes.
24
All right.
25
I'm sorry.
So shall I continue?
So when the importance of
liners were noted for the mining industry, they

1520
1
started to incorporate clay liners.
And clay liners
are still appropriate for some applications.
when geomembrane liners were introduced, at first
they were just placed by themselves without a clay
liner.
putting the geomembrane liner in contact with the
clay liner became very clear.
terming a single composite liner here.
can see in this demonstration, the geomembrane in
Though
However, soon there after the importance of
And that's what I'm

And as you
10
contact with the clay liner is 100 times better at
11
providing -- at limiting seepage than the clay alone.
12
13
Great.
And you testified that you had
listened to the presentations on Friday.
14
Right.
15
My recollection was that there was some
16
discussion about the liners leaking at a number of
17
historic uranium mills.
18
Uh-huh.
19
Based on your knowledge and expertise,
20
which of these liner systems had been employed in
21
these historic cases?
22
Certainly.
In most historic cases, it was
23
the no-liner scenario where there was no liner
24
whatsoever.
25
of course, not one that's 3 feet thick with this low
In some cases, it was with a clay liner;

1521
1
of permeability.
And in other cases, it was a type
of a geomembrane liner.
geomembrane liners were quite a bit inferior to the
ones that we currently have.
placed with a clay liner does not provide nearly the
protection of the single composite liner here.
I would like to make one additional
However, the early
And a geomembrane liner
comment on the single composite liner.
This is the
standard of practice in the United States for cyanide
10
heap leach facilities, the use of a single composite
11
liner.
12
facilities, the clay liner layer is only 6 to
13
12 inches thick, and the permeability is one to two
14
orders of magnitude higher.
15
clay liner component, is much more stringent for use
16
in the uranium industry.
17
18
However, for the cyanide heap leach
So the soil liner, the
And just to clarify, cyanide heap leach
operations are used in the mining of gold?
19
That is correct.
20
Currently what is the mandated regulatory
21
22
requirement, based on your experience?

A
With regard to uranium tailings storage
23
facilities in the United States, the mandated
24
regulatory requirement is what's shown here, a double
25
composite liner system.

1522
1
MR. STILLS:
her offering a legal conclusion.
3
4
THE WITNESS:
regulations.
Your Honor, I would object to
It's clearly stated in the
It's spelled out.
HEARING OFFICER:
The witness can testify
as to what she understands the regulations say.
we get into a legal conclusion, I'll have to address
it.
If
In the case of uranium tailings storage
10
facilities in the United States, the regulations are
11
prescriptive, where it clearly spells out the
12
requirements, the minimum requirements.
13
includes two layers of geomembrane separated by a
14
leak collection and recovery system layer overlying
15
3 feet of low permeability clay.
16
double composite liner system shown here, and that is
17
what was essentially designed for the Pinon Ridge
18
project.
19
And that
And that's the
However, we have incorporated some
20
improvements.
21
composite liner system is nearly 7,000 times better
22
at limiting seepage than the single composite liner
23
and nearly 700,000 times better at limiting seepage
24
than the clay alone.
25
And as you can see here, the double
(By Mr. Spaanstra)
And just to go back to

1523
1
your earlier testimony, the clay alone and the clay
liner, the 7,000 times, and the clay liner were
what's been used historically in the industry?
Historically in the industry, to state it
again, it was the no liner, a thin clay liner, and a
geomembrane liner without the clay in contact with
it.
8
9
You mentioned that the Pinon Ridge design
incorporates additional protections, if you will,
10
beyond what the regulatory requirements are.
11
you discuss those?
12
Could
Yes, I can, and we spelled that out.
13
spelled that out in the November 2nd letter.
14
However, I have a slide that walks through those that
15
I'd like to show now.
16
So the liner system design for Pinon
17
Ridge, first it includes an underdrain system.
The
18
underdrain system is located above the upper
19
geomembrane.
20
driving head on the liner by pulling water out from
21
beneath the bottom of the cell.
22
that we did with regard to the upper primary
23
geomembrane liner is we made that a conductive
24
geomembrane.
25
geomembrane, that will easily facilitate a leak
And what that does is reduce the
An additional thing
And by making it a conductive

1524
1
detection survey at completion of installation to
identify any defects that may have happened during
the installation process.
Additionally, with regard to the upper
geomembrane liner, we have made it -- we have
designed it with a light-reflective, white coating
which provides a couple of benefits.
that it gives us the opportunity during installation
to visually detect any defects because the white is
One of those is
10
only a coating.
11
installation, we should be able to see that by the
12
black showing through.
13
And if there is a defect during
The white coating provides us an
14
additional measure, in that it will limit the UV
15
degradation of that upper geomembrane liner.
16
then as we move down through the sandwich, instead of
17
the clay liner that's 3 feet thick, we have designed
18
that low permeability zone as a geosynthetic clay
19
liner.
20
demonstrated that that GCL layer provides a lower
21
permeability than the prescriptive 3 feet of clay.
22
Further, we've looked at the
23
manufacturer's recommendations for installation of
24
the GCL, and we went above and beyond those
25
recommendations by doubling the transfers and
And
And in our design report, we have

1525
1
longitudinal overlaps of the GCL as part of the
design.
Following up on this slide, my
recollection of Dr. Maest's testimony was, again,
that all liners leak.
of the things she testified to is oftentimes you
can't -- I'm going to paraphrase, but essentially
that when you install these liners, it's hard to do
that perfectly without creating some flaws.
And one of the -- I recall one
So I
10
think I just heard your testimony that we have an
11
initial upper primary geomembrane liner to address
12
precisely that at the time of installation; is that
13
correct?
14
That is correct.
15
Can you amplify on that a little bit?
16
Yes.
As I indicated, we put in additional
17
measures above and beyond the regulations in order to
18
ensure that the installation of the geomembrane is
19
done as good as possible with the smallest amount of
20
defects and least amount of seepage possible.
21
So to channel our colleague Matt who's on
22
the phone, it would be fair to say that the Pinon
23
Ridge design materially mitigates Dr. Maest's
24
assertion that all liners leak?
25
That is correct.

1526
1
Dr. Maest, in her report and her
testimony, agreed that engineering systems, as you
have described, have significantly improved over the
past 30 years.
liners leak.
the last two you described have only been in place --
or the last three you described -- over the last
20 years and designs with a GCL system perhaps over
the last 15 years.
But she concluded with, again, all

My understanding is that designs like
So I'm wondering if there's any
10
empirical studies which you're aware of that address
11
the effectiveness of these designs as contrasted with
12
the earlier ones?
13
Yes.
There are numerous publications out
14
there:
15
Council.
16
attention a couple of them.
17
misstate anything, I have -- this, I believe, was
18
E-mailed, but I would like to just read basically
19
directly from this.
20
dated 2005.
21
Performance of Contaminant Barrier System."
22
study he states the following:
23
and theoretical calculations show that composite
24
liners are substantially better than single liners in
25
terms of controlling leakage."
Giroud, EPA, Rowe, the National Research

I would like to just bring to your
And just so that I don't
One of the articles is by Rowe
And the title of that is "Long-Term

In his
"Field measurements

1527
1
Secondly, "Leakage rates with a composite
liner are very small, and diffusion will dominate as
a transport mechanism for contaminants that can
diffuse through a geomembrane.
which is what we have designed for the Pinon Ridge
project -- "provides an excellent diffusive barrier
to ions."
8
9
However, HDPE" --
Thirdly, "Composite liners involving a

geomembrane over a GCL" -- again, what we have for
10
the Pinon Ridge project -- "gave rise to
11
substantially less leakage than those involving a
12
compacted clay liner."
13
And finally, Rowe provides information
14
with regard to the long-term performance of HDPE
15
geomembranes with regard to their service life.
16
instance, the service life for the secondary lower
17
geomembrane is greater than 600 years based on his
18
research.
19
For
A fairly recent book was put out by the
20
National Research Council in 2007 that is titled
21
"Assessment of the Performance of Engineered Waste
22
Containment Barriers."
23
questions that are addressed are how well are these
24
engineered barrier systems working, and how long are
25
they likely to work effectively.
In that book the two primary
The important

1528
1
conclusion -- and I'll read verbatim from the book --
is based on --
MR. STILLS:
Are you offering these into evidence?
MR. SPAANSTRA:
MR. STILLS:
Your Honor, if I may.
No.
Just reading them aloud
during the hearing?
MR. SPAANSTRA:
MR. STILLS:
Yes.
I would object to
10
cherry-picking a few items out of these materials for
11
this testimony.
12
problem.
13
to go after the basis of any of these.
14
prevented from having any attempt to get these --
15
when we found out there was going to be rebuttal,
16
people were already making travel plans.
This is part of the disclosure
We had no time to be able to disclose -- or

We're
17
HEARING OFFICER:
I'll note the objection.
18
Do you have copies of these publications?
19
THE WITNESS:
20
MS. LUCAS:
I E-mailed them to you.

The publications?
Okay.
21
have this piece of paper, which I just E-mailed to
22
all counsel.
23
MR. STILLS:
Your Honor, if they're going
24
to come in as testimony, I would suggest that we have
25
the opportunity to see whether or not we want them to

1529
1
come in in total.
2
3
HEARING OFFICER:
cross-examine this witness on her testimony.
4
5
Well, you can
MR. SPAANSTRA:
I'm not offering them into
evidence.
HEARING OFFICER:
I mean, so why don't we
limit it to questions of this witness about her
opinions, and then we'll avoid the transfer of other
people's opinions into this process.
10
11
12
MR. SPAANSTRA:
Q
Thank you.
(By Mr. Spaanstra)
Let's move on to
another topic.
13
Certainly.
14
Dr. Maest commented that she understood
15
that liner compatibility testing was performed on the
16
HDPE geomembrane; is that correct?
17
No.
Her statement was incorrect.
It is
18
not so much the compatibility of the leachate and
19
raffinate with the HDPE that is of concern.
20
really the compatibility of the leachate with the
21
sodium bentonite in the GCL, the geosynthetic clay
22
liner, that's a concern because that can adversely
23
affect the permeability of the GCL.
24
25
But it's
Specifically, high ionic strength

solutions limit the ability of the sodium bentonite

1530
1
to swell.
And very low pH solutions can potentially
dissolve the bentonite materials.
we conducted a number of compatibility tests with the
leachate versus the GCL material.
synthetic leachate that was used for the testing had
a Ph of less than 2.
heard, the raffinate solution Ph was on the order of
4.4.
for the compatibility testing was as much as
So with that said,
Specifically, the
However, as I believe we've
And with that said, the synthetic leachate used
10
500 times more aggressive than that anticipated in
11
the field and is extremely conservative.
12
Was testing only performed for the 48-hour
13
period, as mentioned by Dr. Maest, or was it
14
different?
15
No.
That is certainly not correct.
The
16
48 hours was merely the period allowed for the
17
leachate to saturate the GCL under low pressures.
18
However, the testing duration ranged from about
19
30 days to -- one of the samples was run actually
20
over a year.
21
test is that the electrical conductivity and the Ph
22
of the solution measured coming out of the GCL must
23
equal that going in.
And the termination criteria for that
24
And why does that matter, that it's equal?
25
It shows that the test is complete, that

1531
1
the GCL -- that the permeability has stabilized of
the GCL.
Let's talk about the about bird netting
system designed for the evaporation ponds.
pointed out, I completely blew my cross-examination
of Dr. Maest on that question.
I'm going to try to ask you to see if we can get to
the truth.
As you
I messed it up.
So
The case, as I understand it, is that
10
originally the bird netting was designed with a
11
larger mesh and later reduced to 3/4 inches.
12
argued that the decreased bird netting size will
13
decrease the evaporation potential from the ponds.
14
In her testimony that I inartfully tried to ask her
15
about, she said that you agreed that the reduced bird
16
netting size would decrease evaporation.
17
comment on that?
18
Certainly.
Stratus
Could you
Her comment was incorrect.
In
19
my November 2nd letter I stated that I agreed with
20
Stratus Consulting that the bird balls, not the bird
21
netting, though relatively effective at deterring
22
birds, would limit the evaporation from the
23
evaporation ponds to the point where they would be
24
counter effective.
25
Would the bird netting have an effect on

1532
1
2
the evaporation rate?

A
Yes.
And this is clearly stated in the
evaporation pond design report, the appendix
associated with the water balance.
bird netting and the total dissolved solids in the
raffinate are both anticipated to influence the
evaporation rate.
measurements be taken during the early years of
operation to refine and calibrate the water balance.
10
11
12
It says that the
As such, we recommend that field
What if the bird netting limits
evaporation more than they planned, or you planned?

A
There are a number of contingency measures
13
that are included.
One of them is that there are
14
enhanced evaporation systems that have been designed
15
that are expected to, based on the current design,
16
only operate for about eight hours per day.
17
if the bird netting limits evaporation too much, we
18
can run those sprinklers for a longer period of time.
19
Secondly, with the designed raffinate flow
However,
20
rate, there is only the requirement for about
21
46 acres of the evaporation ponds as currently
22
designed.
23
80 acres of evaporation pond cells.
24
the evaporation is limited, we can just construct
25
more cells.
However, we have provided area for up to

So as such, if

1533
1
Let's move on to the issue of the vadose
zone, which was discussed quite a bit in both
Dr. Maest's and Ms. Travers' testimony.
testimony they both indicated that additional vadose
zone monitoring should be incorporated into the
groundwater monitoring plan at the facility.
subsequent testimony both by Mr. Filas and by
Mr. Tarlton, it was stated that additional vadose
zone monitoring wells likely will be required if the
10
11
license is reissued.
A
Yes, I do.
In that
In
Do you support that?

And I recently spoke with
12
Edgar Ethington of CDPHE to confirm that.
13
indicated to me that additional shallow and deep
14
ground monitoring wells will be installed on-site,
15
and addition surface water monitoring points off-site
16
will be identified after a final detailed design of
17
the facilities becomes available.
18
He
I'm glad you mentioned that because
19
Ms. Travers testified that it would be her view that
20
such a vadose zone monitoring plan be completed as
21
part of the permitting process.
22
I'll ask you:
23
Obviously -- well,
Do you agree with that?
The licensing process sets forth plans and
24
expectations for the project.
However, you cannot
25
know with 100 percent certainty exactly where every

1534
1
monitoring point needs to be until the detailed
designs are complete.
Let's move on to another issue, which was
the single wall versus double wall piping.
Ms. Travers articulated a desire for double wall
piping.
single wall would be better if contained for
observation purposes, for inspection purposes.
your November 2 report you made a suggestion to
Mr. Filas, in his testimony, said that a
10
enhance the single wall option.
11
that?
12
Certainly
Yes, certainly.
In
Could you describe
First, I agree with
13
everything that Frank indicated, that single wall
14
piping with a geomembrane-lined trench provides the
15
secondary containment required and also the
16
opportunity for visual observation of the piping if
17
anything were to happen.
18
we also add flow and pressure meters along the piping
19
system to monitor performance realtime during
20
operations.
21
Okay.
However, I recommended that
Finally, back to my favorite topic,
22
bird netting, in your November 2 report you agreed
23
with -- I think it was Dr. Maest who had a concern
24
about ice and wind loads.
25
recommendation in that regard to address that issue?
So do you have a

1535
1
Certainly.
If CDPHE issues the mill
license, I recommended that Energy Fuels consult
directly with the bird netting manufacturer in order
to get the detailed design such that it limits the
maintenance requirements of the system.
MR. SPAANSTRA:
That's all I have for this witness, Your
Honor.
9
10
HEARING OFFICER:
to go first?
11
MR. STILLS:
16
Sure.
CROSS-EXAMINATION
BY MR. STILLS:
14
15
Mr. Stills, do you want
I'll leave it up to you folks.
12
13
Thank you.
So it's your testimony that all liners
leak?
A
No.
That is not what I stated.
I stated
17
that there is seepage through liner systems as a
18
result of defects in the liner systems.
19
the Pinon Ridge project we are adding belts and
20
suspenders to limit, to the extent possible, any
21
defects in the liner system.
22
23
24
25
However, for
But it's your testimony that all defects
in the liner system cannot be eliminated?

A
No.
I'm not stating that all defects
can't be eliminated.
It's not known with complete

1536
1
100 percent certainty that we cannot eliminate all
defects with the measures that we are putting forth.
So you're trying hard, you can do a good
job, but even at best, some of the liquids might get
through?
I seriously doubt that given the system
that we have designed.
With the leak collection and
recovery system, the amount of driving head acting on
that lower geomembrane will be such that even if
10
there is any seepage, it will not saturate the
11
materials underneath the liner system.
12
You can say with 100 percent certainty
13
that there will be no liquids that make it through
14
the liner system at the site?
15
16
17
I don't believe that I can state with
100 percent certainty that.

Q
You've done your best?
You've tried to
18
put together a good liner system, but these are
19
designed by humans; is that right?
20
They are designed -- excuse me.
The
21
performance of a liner system is a result of the
22
design, the installation, the operations, and
23
maintenance of the entire system.
24
design, it would be a flawless system.
25
everything else that goes into play that really
So based on my
However, it's

1537
1
affects the performance of the liner system.
world?
solid monitoring system; is that correct?
Life playing out, things happening in the

And that's the importance of having a good,
Yes.
Monitoring systems are important.
However, we have addressed that.
In my November 2nd
letter I stated that there would be piezometers
installed in the alluvial wells to monitor the vadose
zone.
So we believe that we've incorporated
10
everything required in order to monitor the
11
performance of the liner systems designed for this
12
project, particularly given the hydrogeology of the
13
site.
14
15
16
Are there other alternative ways that one
could measure for -- or monitor for leaks?

A
There are additional -- there are other
17
things that can be done.
However, in our opinion,
18
those measures that we have taken are appropriate for
19
this project.
20
that we do not merely meet the prescriptive
21
regulatory requirements set forth.
22
those in our designs.
And it's further important to note
We have exceeded
23
So there's two options that you just laid
24
out, right?
25
the regulations, and the improvements you've put
The minimum requirements, as you read

1538
1
forward, correct?
Right.
And then there's also the legacy projects
that you put forward, which would be a no-liner
alternative, clay-only-liner alternative, single --
6
7
8
9
10
11
Not single composite, no; geomembrane only
without a clay.
Q
Okay.
And then a single composite?
You
had four charts up there.

A
The single composite is not one that has
been employed for the legacy projects, no.
12
Okay.
13
I said that there was another liner that
14
was not shown on the chart that is one that's been
15
associated with legacy issues.
16
So as a category of engineering methods
17
out there, we could look towards the legacy projects
18
and get those; is that correct?
19
I don't think I understand your question.
20
Your testimony is that the legacy
21
projects, their liners are worth considering?
22
Whether or not they're worth adopting, that's another
23
question?
24
25
No.
I'm saying for the legacy projects
they're inferior and that we have advanced to the

1539
1
point where our current liner system technology is
very good.
the liner systems demonstrate that the performance
not only meets the requirements but exceeds the
requirements that have been set forth and the
expectations that have been set forth.
And the publications out there show that
And Energy Fuels has liner technologies in
place at the White Mesa mill.
that?
10
11
12
Yes.
Are you familiar with
I am familiar with the White Mesa
mill.
Q
And those provide examples of other
13
alternative means that could be used for liner
14
systems?
15
I'm most familiar with Tailings Cell 4A at
16
the White Mesa mill, which was the one that they most
17
recently relined back in the late 2000s, mid 2000s.
18
And that liner system for Tailings Cell 4A was
19
imposed to the same prescriptive regulatory
20
requirements set forth for the Pinon Ridge project.
21
And that liner system also consists of a double
22
geomembrane with an intervening leak collection layer
23
underlined by GCL.
24
designed for the Pinon Ridge project.
25
incorporated the additional measures of the
So it's similar to what we've

However, we've

1540
1
conductive geomembrane and the light-reflective,
white coating to the upper surface.
3
4
Tailings Cell 4A?
5
6
It's very similar with improvements,
correct.
7
8
So it's better than the White Mesa
Is it the best option out there?
Could
there be improvements further?
Based on the regulatory requirements for
10
this project, we believe that it more than meets the
11
requirements.
12
13
MR. STILLS:
back.
14
15
Could you read my question

A
The double composite liner system is
16
really the best option with regard to what is the
17
standard in the uranium and general mining industry.
18
19
MR. STILLS:
again for us.
20
21
Would you mind doing that
HEARING OFFICER:
Q
(By Mr. Stills)
Ask your question again.

Is the improvements --
22
are there improvements over the Energy Fuels' liner
23
that you designed that could actually make it even
24
better?
25
Yes.
There are additional things that can

1541
1
be done.
requirements, and we've already provided improvements
over the prescriptive requirements.
However, we have more than met the
So although you've got the inappropriate
legacy, the minimum requirements, and the
improvements, we also have some things that could be
done even better if we had a look at them?
or not they're adopted is another question; is that
correct?
10
11
Whether
Well, I believe where you are going with
this is, you know --
12
HEARING OFFICER:
13
question.
14
you.
No.
Just answer the
This is not an argument between the two of
15
Okay.
I guess I'll just say yes, I think.
16
(By Mr. Stills)
And are you familiar with
17
the quality assurance, quality control plan that's in
18
place at the mill, for the Energy Fuels mill?
19
Very much so.
20
How does it compare to the White Mesa?
21
I wrote it.
MR. SPAANSTRA:
Your Honor, by talking
22
about White Mesa, he's going beyond the scope of
23
direct.
24
HEARING OFFICER:
25
MR. STILLS:
Overruled.
I'm sorry.
Could you read

1542
1
that back for me.
2
3

A
I know certain aspects about the White
Mesa project.
design of the White Mesa project, nor do I know every
detail of the White Mesa project.
that question.
8
9
10
11
However, I was not involved in the
So I cannot answer
I do not know.
(By Mr. Stills)
So you don't know if the
quality -- how the quality control plan stacks up

against that one?
A
If you don't know, you don't know.
I don't know.
However, I do know that we
12
went to a very high level with regard to that for the
13
Pinon Ridge project, requiring a significant amount
14
of control and assurance in the design.
15
And to state a little bit further, I do
16
not believe that the White Mesa mill required a
17
conductive geomembrane liner with a leak detection
18
survey.
19
geomembrane liner and a leak detection survey as a
20
requirement as part of the QA plan for Pinon Ridge,
21
we've exceeded that at White Mesa mill.
22
And because we do have the conductive
But my question is, as far as the quality
23
assurance, quality control plan, you don't know what
24
it is at the White Mesa mill, correct?
25
Correct.

1543
1
So you can't testify as to whether this
one is better or worse or the best in the industry;
is that correct?
4
5
6
I can say that I cannot comment as to if
it is better or worse than White Mesa.

Q
Okay.
And White Mesa is the only other
operating uranium mill in the United States; is that
correct?
Yes.
10
So that would be an example to compare
11
12
against; would that be correct?

A
Certainly.
And I have reviewed in the
13
past -- it's been several years now -- a number of
14
documents from the White Mesa mill that were
15
available by public record.
16
number of years, and my recollection fails me.
17
18
19
20
However, it's been a
So you're aware that there are groundwater
contamination problems at the White Mesa mill?

A
That's outside of my area and specialty,
and I cannot comment.
21
22
documents.
23
You just testified that you reviewed those

Do you know?
What I indicated is that the documents
24
that I reviewed had to do with the design
25
specifically, just the design of Tailings Cell 4A;

1544
1
nothing prior to the design, only the design itself.
So you have nothing to offer as far as the
function or failure of success or anything else about
the White Mesa design?
I do not.
And you testified about the single
composite liner standard of care for the cyanide heap
leach and them lasting -- what was it?
portion lasts 600 years?
10
11
me?
The clay
Could you clarify that for
What portion of the liner lasts for 600 years?

A
Okay.
The Rowe 2005 document indicated
12
that the secondary geomembrane, which is the lower
13
geomembrane in the double composite liner system, has
14
been proven to last more than 600 years.
15
But the other components of the liner
16
system wear out after a matter of decades; is that
17
correct?
18
No, that's not correct.
And the research
19
is not there to fully understand the long-term
20
performance of the geomembrane.
21
the research that has been conducted, which includes
22
accelerated aging of these geomembrane liners,
23
they've shown that the HDPE geomembrane basically
24
outlasts the tests that have been done.
25
impossible to tell how long they really do last at
However, based on
So it's

1545
1
this point.
There's no information that you have that
would say that these liner systems would last a
thousand years; is that correct?
No, that's not correct.
And in fact, I
did a lot of research looking at the resistance of
the HDPE geomembrane, and I read a lot of articles on
the longevity of the HDPE geomembrane and accelerated
aging.
And what I found is there's nothing there
10
that shows how long it does last.
11
research that has been performed, it's been shown to
12
last more than a thousand years, generally speaking.
13
It was just the Rowe article where he had stated more
14
than 600 years.
15
Kerner and others at the Geosynthetics Research
16
Institute show longer life for the HDPE geomembranes.
17
But based on the
However, documents by Kerner and
And as far as all liners leak, you agree
18
that horizontal monitoring is one way to deal with
19
all liners leaking?
20
I believe that there are a number of
21
different kinds of monitoring systems out there that
22
will provide an indication of the performance of
23
liner systems.
24
More than half a dozen, would you say?
25
Yes.

1546
1
2
It's a wide range of alternatives we could
look at; is that correct?
monitoring.
6
7
There are a number of alternatives for
The engineering methods are varying across
those alternatives?
A
Well, it really depends upon the things
that you're looking for as to what monitoring is
appropriate for a given application.
10
So you'd have to have good site-specific
11
data concerning the materials that you'd be handling;
12
is that correct?
13
14
15
Generally speaking, yes.
You would --
it's based on the characterization of the site.

Q
And the characterization of the materials
16
that would be going into the facility, as well, into
17
the tailings cell?
18
Not necessarily because really what you're
19
looking for is pore water coming out of the liner
20
systems, so no.
21
22
23
It doesn't matter what you're putting into
the tailings cells?

A
Not as far as monitoring is -- okay.
Not
24
as far as geotechnical monitoring is concerned.
25
However, I cannot speak to the geochemical aspects of

1547
1
monitoring, as I'm not a geochemist, if there's
monitoring systems out there that I'm unaware of.
So you can't testify to what would be the
difference between a pH of 1.5 and a pH of 4.5 as it
applies to the raffinate and tailings cells; is that
correct?
I don't really understand your question.
Could you just ask the question again?
understand what you're saying.
10
I don't
You really don't understand the -- you
11
can't really testify about the different materials
12
and their effect on the performance of these tailings
13
cells if they had a pH of 1.5 versus a pH of 4.5; is
14
that correct?
15
thing?
16
You just deal with the design of the
What I can say is that I know how the pH
17
of the solution going in affects the geomembrane
18
liner system and the competency of it and the GCL
19
material.
20
monitoring any contaminant other than seepage out of
21
a liner system.
22
What I was stating had to do with
So you wouldn't know how to go about
23
monitoring for any particular contaminant?
24
what you just said?
25
That's
Unless you can collect a water sample and

1548
1
send it off for analytical testing.
expertise?
It's not within my expertise.
Okay.
Okay.
And that's not within your
Thanks.
And as far as the liner compatibility
testing, your tests were based on what comes out of
the vanadium circuit?
We actually looked at synthetic leachates
10
for the compatibility testing for the GCL that looked
11
at the chemistry of both the tailings leachate as
12
well as the raffinate going into the evaporation
13
pond.
So we looked at both waste streams.
14
Out of what point of the facility?
15
We looked at what comes out of the pipe
16
into the TSF and what comes out of the pipe into the
17
evaporation pond cells.
18
Out of the vanadium circuit?
19
What comes out of the pipe as the waste
20
21
22
23
24
25
stream into those two facilities.

Q
So as far as you know, whatever is inside
of the facility is a black box; is that correct?

A
I'm not a mill designer, nor can I comment
to the components of the mill design.

Q
So if I were to tell you that the waste

1549
1
stream coming out of the uranium circuit does not go
through the vanadium circuit, you have no idea about
that; is that correct?
I cannot comment to that.
So you don't know?
I just know that there are two waste
streams, one going to the TSF and one going to the
evaporation ponds.
designers the chemistry of those, including pH and
We obtained from the mill
10
chemical constituents.
11
develop the synthetic leachates for the compatibility
12
testing of the GCL material.
13
state.
14
15
coming out of the mill; is that correct?

A
I cannot --
17
I'm sorry.
19
20
21
That is what I can
Based on only one type of waste stream
16
18
And that was what was used to
The two types of waste streams
you just said?

A
There's two types of waste streams coming
out of the pipe into those facilities.

Q
But you didn't look at the processing of
22
materials that didn't go through the vanadium
23
circuit?
24
I cannot comment to that.
25
You talked about perched groundwater at

1550
1
2
the site?
A
I did not specifically speak about that.
We do have an expert hydrogeologist, Roman, who is
available to talk about the hydrogeologic regime of
the site.
6
7
8
9
Wasn't part of your testimony involving
the alluvium at the site?

A
In my rebuttal document that was issued on
November 2nd, I did take a look at the monitoring
10
well MW-2 that was identified by Stratus consultants.
11
Roman can comment more on this.
12
with clarity that two of the first three monitoring
13
periods detected a very small amount of water at the
14
bottom of those two holes.
15
monitoring period, no additional water has been
16
detected in that location --
However, I can say
However, since that
17
But you're not --
18
-- at MW-2.
19
Did you finish?
20
But I would like to further comment that
All right.
21
that does not characterize it as perched water.
22
is a transient condition that shows that there may
23
be, on occasion, a little bit of water at that
24
location.
25
It
And by "transient" you mean that there's

1551
1
movement within the alluvium of various fluids; is
that correct?
Potentially.
It could move --
-- it's likely affected by a meteoric
climatic event.
you might see some water.
amount.
But --
So if there was a large rainstorm,
So rain comes in, moves through the
10
alluvium.
11
to be concerned about?
12
But it's a very small
It can move contaminants?
It's something
I'd like to again state that this is
13
outside of my area of expertise, and Roman will be
14
available to offer any testimony in regards to that
15
question.
16
But if it's a possibility, it's something
17
that should be monitored for, to see whether or not
18
the tails are leaking; is that correct?
19
MR. SPAANSTRA:
Your Honor, she's already
20
testified that she's not an expert hydrogeologist.
21
We're going to have one here in five minutes.
22
23
24
25
HEARING OFFICER:
But she testified about
this subject matter so I'll allow cross-examination.

A
Okay.
To answer your question, we have
indicated that we will have realtime monitoring of

1552
1
phreatic conditions in the shallow alluvial
monitoring wells as part of the license condition.
We understand that will detect any phreatic
conditions if they were to occur in this vadose zone.
But we don't have that now?
We just have
a suggestion that they might do that someday if
that's what the CDPHE puts in the license?
have that to analyze as part of this hearing; is that
correct?
10
We don't
The data is not available to analyze as
11
part of the hearing, but the recommendation has been
12
put forth for addition of that monitoring equipment.
13
In your report there were several areas of
14
agreement where you thought Dr. Maest and Ms. Travers
15
did a good job and you agreed with their work; is
16
that correct?
17
I will not go on to say that I agreed with
18
their work, no.
19
couple of points in their letter that I did agree
20
with.
21
22
I will state that there were a
Do you recall when you began looking at
alternate liner designs for the Energy Fuels project?
23
From day one.
24
Do you recall when day one was?
25
After Golder Associates had us on contract

1553
1
with Energy Fuels and we started looking into the
regulatory requirements.
Would you --
2007.
So November 1, 2007.
6
7
Do you recall
meeting with Energy Fuels about this?

A
We had a number of meetings with Energy
Fuels over the course of the project.
has been five years ago so I cannot remember exact
10
11
12
13
However, it
details of any meetings.

Q
And do you recall discussions with CDPHE
in those meetings?
A
We did have a number of meetings with
14
CDPHE over the course of the design.
15
was a long time ago, and I do not recall exact
16
details.
17
18
19
But again, it
Do you recall discussing any wiggle room
in federal requirements?
A
No.
And in fact, we went the other way by
20
going above and beyond the federally mandated
21
prescriptive requirements for the liner system.
22
we've indicated a number of times, our liner system
23
is designed to perform better than the prescriptive
24
regulatory liner system.
25
As
And as part of those meetings, did you

1554
1
2
3
4
5
6
7
8
9
10
meet with CH2M Hill?

A
We had meetings with CH2M Hill through the
course of the project, yes.

Q
And as part of those meetings, were they
talking about paste tailings?

A
I do not recall any reference to paste
tailings.
Q
Do you recall any reference to dry stack
tailings?
A
If you might recall the testimony provided
11
by Mr. Filas this morning, he clearly indicated that
12
there are huge issues associated with the use of
13
paste tailings and dry stack tailings, particularly
14
as it relates to use for a uranium tailings storage
15
facility.
16
your tailings to the point of a soil.
17
it basically to the optimum moisture content like you
18
would place soil for an embankment.
19
your material is dry to the point where radiation --
20
the radon off of the uranium tailings storage
21
facility would be very large.
22
With dry stack tailings, you are drying

You're drying
But by doing so,
As such, we went with a conventional
23
tailings storage facility design because it
24
necessitated keeping the tailings saturated and
25
mostly under a water cover so that the emissions were

1555
1
acceptable.
100 percent unacceptable for use on a uranium
tailings storage facility here in the United States,
given the regulatory requirements with regard to
emissions.
radon caps?
So paste and filtered tailings are
Do you have any expertise in designing
I do not have specific expertise in
designing radon caps.
However, I have overseen
10
analyses with regard to looking at the radon emitted
11
and how it is limited by the saturation level and the
12
water cover over tailings.
13
14
15
So you have no expertise here today on
radon emissions control technology?

A
I'm not an expert in that area.
However,
16
I do know saturation and water cover contribute to
17
alleviating that concern, which is why conventional
18
tailings was the selected option for this project.
19
MR. STILLS:
To the extent that she's
20
attempted to testify as an expert on radon emissions,
21
I would ask to strike that or give it no credit.
22
23
24
25
HEARING OFFICER:
You won't find that one
in the book anywhere, I don't think.

MR. STILLS:
Is there an objection to a
compound objection?

1556
1
DR. GROSSMAN:
MR. SPAANSTRA:
I'm just letting you go on
here, Travis.
4
5
I don't know what it is.
MR. STILLS:
Q
Yes, I see that.
(By Mr. Stills)
If I were to tell you
that there is a technology called continuous cover
that can be used in combination with dry stack
tailings that would deal with the radon emissions,
would that make a liner system --
10
11
MR. SPAANSTRA:
Didn't he just ask to
strike her testimony on radon emissions?
12
HEARING OFFICER:
13
MR. SPAANSTRA:
14
(By Mr. Stills)
It didn't get stricken.

Okay.
If I were to ask you to
15
assume that there's a technology called continuous
16
cover that was used to deal with the radon emissions,
17
would dry stack tailings be an option here?
18
19
20
I am unfamiliar with that particular
technology and unable to comment on it.

Q
But as an assumption or hypothetical, if
21
we could take away the problem of radon emissions
22
with a continuous cover technology -- that's a
23
hypothetical.
24
would that make -- that would make paste or dry stack
25
tailings an excellent, attractive option given the
You don't need to answer about that --

1557
1
lack of water at the site, wouldn't it?
have to worry about liquids?
worry about dewatering at the end of the lifetime of
the tailings cells?
MR. SPAANSTRA:
HEARING OFFICER:
7
8
(By Mr. Stills)
You wouldn't
You wouldn't have to
Asked and answered.

Sustained.
Are you still working
with CH2M Hill on this design?
No.
10
They've been taken off the project?
11
To my understanding, that's correct.
12
So as you're going forward with this work,
13
you're not in contact with anybody at CH2M Hill
14
concerning their basic engineering report; is that
15
correct?
16
I am not.
However, I really did not have
17
a lot of interaction with them with regard to their
18
basic engineering design anyway.
19
20
21
22
23
Have you ever seen the basic engineering
design report?
A
I believe it's available on the CDPHE Web
site, in which case I've had access to it.

Q
So your testimony is based on whatever you
24
have been able to find on the CDPHE Web site; is that
25
correct?

1558
1
My testimony is really based on those
documents for which I personally prepared or oversaw
the preparation thereof.
4
5
Junction tailings impoundment?
6
7
Are you familiar with the Crescent
Yes, I am familiar with the Crescent
Junction tailings.
Are they stacking the tailings dry there?
Well, in the case of the Crescent Junction
10
tailings -- and I was involved in this project back a
11
number of years ago and the characterizing of the
12
uranium tailings at the Moab tailings impoundment --
13
there are a couple of very important points that I'd
14
like to say there.
First --
15
I didn't ask for your testimony on the
16
whole thing.
17
like an answer to my direct question.
I'm sorry to interrupt you, but I would
18
Certainly.
19
Are they stacking the tailings in there
20
dry, or are they slurrying them?
21
Well, the tailings were placed many, many
22
years ago in Moab and were already consolidated, to a
23
large part, which meant that they were relatively
24
dry.
25
rewetting the tailings and piping them to Crescent
So my understanding is no, they were not

1559
1
Junction.
They were scooping out the tailings and
hauling them in trucks.
beast.
So it's a very different
They're actually drying them out before
they put them in trucks to ship them out; isn't that
correct?
I actually do not know.
I haven't been
involved in the project in a number of years.
I know
that the internal tailings were still pretty sloppy
10
even though they'd been there a long time.
11
doesn't surprise me that they needed to dry them out
12
some.
13
So it
And that provides an alternative to look
14
at for how one might handle tailings; isn't that
15
correct?
16
I would say no, because we're talking
17
about an operating mill versus a tailings impoundment
18
that was placed many, many years ago and left to sit,
19
and now people have decided that they want to move
20
the tailings pile.
21
situations.
22
23
24
25
So it's two very different
But the technology being used would be
something to look at?

A
I won't say that, no, because you're
looking at moving old tailings that have been sitting

1560
1
in a pile for many, many years.
they are using is purely for material handling so
that they can transport it to Crescent Junction,
period.
The technology that
So Crescent Junction, in your testimony,
is irrelevant to what's happening at the White Mesa
mill -- I'm sorry -- with the Energy Fuels Pinon
Ridge proposal?
I would say that it's a very different
10
situation.
11
liner system design, which is much less -- or much
12
different than here where there is no geomembrane.
13
They're just placing it directly on the shale.
14
15
16
17
18
However, I do also know some about the
And that's because it's stacked dry; is
that correct?
A
It's because the shale has low
permeability by itself.
Q
So it's a better site as far as being able
19
to contain the tailings?
20
much engineering as you do at the site chosen by
21
Energy Fuels?
22
You don't have to have as
I won't say that.
I'll just say that that
23
particular site was very conducive due to the thick
24
layer of shale present.
25
And that's something to look for when

1561
1
you're choosing a site, is a good, thick layer of
shale right underneath?
I would say that that's a near impossible
thing to find.
interesting site, but you're not going to find a
thick layer of shale anywhere that you wish to put a
mill.
8
9
10
11
The Crescent Junction site is a very
But if you found a good, thick layer of
shale, that might be a good place to look for as an

alternative site for the mill, correct?
A
You could argue that by putting this
12
particular mill on the salt, that is a very low
13
permeability layer very similar to the shale.
14
doesn't need to be shale.
15
So it
My question, again -- and listen
16
carefully, please -- is if you were to find a shale
17
site like Crescent Junction or perhaps Crescent
18
Junction itself, that would be an attractive
19
alternative site, would it not?
20
It would be an attractive site, but there
21
are features of the Pinon Ridge site that also make
22
it equally attractive.
23
And if one were to compare the two, you
24
might have a way to choose between them as far as
25
which is better concerning impacts; is that correct?

1562
1
Potentially.
MR. STILLS:
Nothing further, Your Honor.
I'm sorry.
I have one more question, one
4
5
6
7
8
9
10
more set of questions.

Q
(By Mr. Stills)
You testified that you
were working on the NESHAPs?

A
I had some involvement on the NESHAPs,
that's correct.
Q
Are you currently working on the NESHAPs
permit?
11
No, I'm not.
12
And that is, for the record, the
13
National -- could you go ahead with the acronym
14
because I don't have it in front of me.
15
National Emissions Standards --
16
For Hazardous Air Pollutants.
17
You got it.
Or between us, we got it.
18
Yes.
19
And that standard is Subpart W; is that
20
correct?
21
22
certainty.
23
24
25
That sounds correct.
I can't state with
I believe that's the case.

And are you familiar with the state of
those regulations under Subpart W?

A
No, I'm not.

1563
1
MR. SPAANSTRA:
Your Honor, what's the
relevance of that permitting process to this
proceeding?
HEARING OFFICER:
But go ahead and finish your questions.
MR. STILLS:
She testified to it so I
assumed that it was somewhat relevant.
8
9
I don't know.
MR. SPAANSTRA:
She testified that it was
part of her qualifications, that she'd worked on it.
10
But she had no testimony about NESHAPs.
11
issue.
12
irrelevant to this proceeding.
It's not an
It's a federal process that is totally
13
HEARING OFFICER:
I'm sorry.
I'm not
14
familiar enough with it to say it's relevant or isn't
15
relevant.
16
17
Go ahead and ask your question.

Q
(By Mr. Stills)
So when you did your work
18
under NESHAPs on this, were you aware that that
19
regulation was considered outdated?
20
No, I wasn't aware.
I merely provided
21
some response to comments by the EPA on the tailings
22
cell design.
23
24
25
And that tailings cell design is ongoing;
is that correct?
A
After the mill license is issued, the

1564
1
tailings cell final detail design will be completed.
However, it will not look much different than what
you've seen in the permit documents.
But the EPA permitting system under the
Clean Air Act, the NESHAP Subpart W, considers the
interplay between the radon cap and groundwater so
they haven't figured out yet what the groundwater
protection component of that permit would be, that
approval would be; is that correct?
10
I do not know and cannot state.
11
So if I were to say that -- I'm done.
12
Thank you.
I appreciate it.
13
HEARING OFFICER:
14
DR. GROSSMAN:
15
MR. GOAD:
You should have it in an
DR. GROSSMAN:
Got it.
MR. SPAANSTRA:
21
DR. GROSSMAN:
25
Shall I turn this off?

For the reporter, you can
turn it off.
23
24
Well, maybe to -- okay.
Okay.
20
22
Could you put up that
E-mail.
18
19
Yes.
slide, the first slide?
16
17
Do you have a question?
CROSS-EXAMINATION
BY DR. GROSSMAN:
Q
I'm just curious about the technical side

1565
1
of this as far as the units and what they refer to
just for my own edification.
today.
meter cubes per second so that's similar to cfs?
that what we're looking at?
I'm learning something
Is q some kind of flow rate that's given in

Is
Yes.
So the letter q -- the small q, or we use
a capital Q in hydrology -- but it's the flow rate.
And the flow rate depends upon the viscosity of the
10
fluid; is that correct?
11
flow rate calculation?
Does that work into that
12
Basically, but it assumes water.
13
Water.
14
Uh-huh.
15
Is it temperature dependent?
16
No.
17
In your note -- it says, "Note:
The viscosity of water?
Compares
18
liners with 3 feet of clay."
19
centimeters per second, not centimeters q per second.
20
Is that a mistake?
21
And that unit is in
No, it's not a mistake.
What that means
22
is that's the permeability, which is k.
23
actual equation --
So the
24
Go ahead.
25
It's a little bit different here because

1566
1
there's a lot of parameters involved so it's a Giroud
equation.
However --
HEARING OFFICER:
THE WITNESS:
5
6
It's a what equation?
Giroud.
It's G-i-r-o-u-d.
In hydrogeology you look at q equals KiA
where q is your flow rate.
K is your permeability.
(By Dr. Grossman)
The 10 to the minus 7 centimeters per
Uh-huh.
second is k, not q.
10
We can talk about the details of this
11
later.
12
I can give you a paper on it.
13
Okay.
How do you repair these linings if
14
a leak is detected?
15
systems.
16
after that?
17
You have these leak detection
What if a leak's detected?
What happens
You put patches on, and then you test the
18
patch doing vacuum testing to make sure that the
19
patch is appropriate.
20
21
But the way I understand it, you've got
all these tailings over this lining, right?
22
The --
23
So you've got to dig them out?
24
But your question -- the testing is done
25
at completion of installation of the liner system as

1567
1
part of the quality assurance plan that it's been
installed properly.
Okay.
But if you find -- let's say the
thing lasts 40 years, and there is some kind of
corruption or something happens, and you get a leak.
It seems to me that if this thing is at the bottom of
the tailings pile, somehow they're going to have to
get to it to repair it.
Am I right or wrong on that?
Yeah.
10
I'm right?
11
Basically.
12
Okay.
13
If there's a leak detected, then that
14
would be noted by flow rates that are high in the
15
leak collection and recovery system layer.
16
Okay.
Is there a way to specify exactly
17
where this leak occurs in this 80 acres or whatever
18
acres you're going to end up with?
19
you don't want to have to take up the whole doggone
20
thing to look around for a leak.
21
must be some way to say exactly where it is.
22
what your membrane does?
23
No.
Is it -- I mean,
You know, there

Is that
There's no way to tell exactly where
24
it's located.
You have to do an investigation to
25
find where the flaw is.
However, the action leakage

1568
1
rate is what would determine failure of the primary
liner system.
flow capacity of the leak collection and recovery
system layer.
flow rate, then that tells you that there is a
problem, and you do need to take care of it.
And the action leakage rate is the
So if you are getting that sort of
So do you know how long from your
experience and things that you've looked at if one of
these things goes wrong and they do have to, you
10
know, take the whole thing off and go around looking
11
for a leak and then patch it, test it, like you say,
12
and then put everything back, how long does that
13
take?
14
15
Two weeks?
A
A month?
I can't comment.
It's purely a function
of how much material is in the cell.
16
Okay.
Last but not least, the evaporation
17
ponds that are -- not -- well, evaporation ponds,
18
too.
19
this white material.
20
material is underneath to begin with, and you're just
21
putting it on there to detect if there's flaws in the
22
installation when you see the black on it?
But also, it was interesting.
You mentioned
But I understand now the white
23
There are --
24
This is before -- excuse me.
25
This is
before you put in the tailings; isn't that correct?

1569
1
There are a number of types of
geomembranes on the market.
geomembranes has the light-reflective, white coating
co-extruded with the black so the liner comes that
way.
not adding anything.
7
8
9
One of those
It already has the white coating on it.
Okay.
We're
But that coating is so that you can
find flaws during installation?

A
It has a number of benefits, and one of
10
them is enhancing the ability for visual detection of
11
defects during installation and even beyond, after
12
installation.
13
are not covered with tailings, you'll still see the
14
white coating.
15
that identifies a defect that you need to repair.
16
The white coating -- for areas that
And if you see black through it, then
These tailings are covered with water, the
17
way I understand it.
And that water probably seeps
18
through the tailings.
You just keep putting it on
19
and keep putting it on, and it seeps through, and
20
then it goes out to whatever collection.
21
relates to the water needs, especially in a drought.
22
But as this water is cycling through, do you have any
23
information on the increased evaporation of this
24
water due to the fact that these tailings -- the
25
color of these tailings, that if these tailings are
This

1570
1
dark, the water temperature will rise, and
evaporation will increase as a result of that water
temperature rise?
I have a couple of comments on that.
One,
I think that it's been noted somewhere, at least,
that bird balls will be placed on the tailings cells
so that birds don't go swimming in the tailings cell
water.
dramatically decrease the amount of evaporation off
And I've also noted that bird balls
10
of those cells.
11
not getting much evaporation off the top, and you're
12
protecting the tailings cells from water fowl.
13
So by having the bird balls, you're
Also, the underdrain system that I
14
discussed, which is placed above the upper
15
geomembrane, it will be pulling water off to decrease
16
the driving head on the liner.
17
it's going to be recycled and placed on top of the
18
tailings cells.
But at the same time,
19
Okay.
20
So I don't think that's an issue.
21
22
23
24
25
DR. GROSSMAN:
That's all I have.
Thank
you.
HEARING OFFICER:
any questions?
MR. SANDLER:
Just briefly.

1571
1
MR. SPAANSTRA:
I'm sorry.
Hold on.
turned it down because of the background noise so I'm
going to turn it back up.
4
5
CROSS-EXAMINATION
BY MR. SANDLER:
6
7
You were just talking about the bird
balls, correct?
Yes.
And they don't do anything to cover the
10
beach sands that surround the tailings ponds, do
11
they?
12
13
14
15
16
17
18
No.
They'll be placed on the water
surface.
Q
Okay.
And as far as you know, there's
nothing to cover those beach sands?

A
I can't comment on how much beach sands
would actually be exposed, but generally -Q
Okay.
Now, as far as the bird balls go,
19
they don't cover all the water, correct, or the
20
liquid?
21
The purpose of bird balls is to try to
22
cover as much of the water surface as possible.
23
you should add more bird balls to try to cover the
24
entire water surface.
25
And
So is it fair to say the amount of bird

1572
1
balls would have to be adjusted on a pretty regular
basis?
That may be the case.
And do you have any idea if that's a part
of the plan here?
I can't comment on that.
Okay.
And as you said, the idea of the
bird balls is to cover as much water as possible.
But is it fair to say that it doesn't cover all the
10
11
liquid in these tailings ponds?

A
I can't comment on that either because the
12
goal with bird balls is to cover the entire water
13
surface so you should be adding more bird balls to
14
accomplish that.
15
16
the liquid?
17
18
19
Okay.
But it's not a complete cover of
It should be a complete cover of the
liquid.
Q
So you're saying that there won't be space
20
in between the balls where liquid is visible or along
21
the edges?
22
I just can
23
comment that as far as the design of bird ball
24
systems is concerned, it's generally accepted that
25
you would put enough bird balls in such that you're

1573
1
limiting, to the extent practical, any exposed water
surface.
Okay.
Thank you.
Now, just quickly about the liners.
You
spoke about them being tested to a period of about a
thousand years.
Did I hear that correctly?
I indicated that there is research out
there where they've done accelerated aging, and
they've demonstrated a longevity at least as long as
10
a thousand years.
11
Okay.
12
I don't know that the testing is available
13
14
How about 500,000 years?
to demonstrate that.
Q
Okay.
Is there any thought behind the
15
technology that would ensure that you gain protection
16
for up to 500,000 years?
17
I think that it's irrelevant.
Because as
18
part of the closure of the tailings cells, the
19
tailings will be dewatered.
20
a liner system has to have water in it and has to
21
have driving head.
22
tailings cells, there will not be water in the
23
tailings cells so seepage through a liner system
24
500,000 years from now is irrelevant because there's
25
no water.
And any seepage through
So as part of closure of the

1574
1
But would you agree that there's a
potential that water could leak in from the top after
thousands of years?
As part of the closure cover design, the
amount of infiltration into the cap will be limited
significantly to where very little to negligible
water would actually flow in.
8
9
10
Okay.
But there's a potential for some to
flow in in the distant future?

A
Not really.
I mean, the thing is, it
11
wouldn't have any impact because it would be
12
extremely negligible amounts, particularly given that
13
the closure cover design was revised during the
14
licensing process to incorporate a geosynthetic clay
15
liner which significantly reduces the amount of
16
seepage involved.
17
very little, if any.
18
as far as how much infiltration might actually go
19
into the tailings cells.
20
will be dewatered in order to construct the closure
21
cover so there will not be any water in the tailings
22
cells.
23
24
25
And with that said, there would be

And I haven't seen the numbers
But again, the tailings
So it's very -- it's insignificant.

Okay.
But you didn't do that research
into the distant future?

A
I don't know that I really understand your

1575
1
question.
modeling was done that shows that in the future the
amount of infiltration into the closure cover is
negligible.
6
7
8
9
But the closure cover design was done, and
And when you say "future," you're talking
about a thousand years?

A
I believe that the design looked at a
thousand years, but I cannot comment with certainty.

Q
Okay.
But it's fair to say that the
10
effects in 20,000 years were never analyzed?
11
could be an effect?
12
I don't think so.
13
You didn't analyze that?
14
I did not analyze that.
15
16
MR. SANDLER:
Okay.
HEARING OFFICER:
18
DR. GROSSMAN:
19
HEARING OFFICER:
20
THE WITNESS:
How big is a bird ball?
Can I ask a question?

Well, I just asked one.
They look very similar to
the little balls that the kids play in at McDonald's.
22
23
Nothing
further.
17
21
Thank you.
There
HEARING OFFICER:
So 3 or 4 inches in
diameter?
24
THE WITNESS:
25
DR. GROSSMAN:
3 or 4 inches in diameter.
Can I ask a question?

1576
1
HEARING OFFICER:
2
3
4
Yes.
RECROSS-EXAMINATION
BY DR. GROSSMAN
Q
Do you think these bird balls would
survive -- you've heard me describe a windstorm,
60-mile-an-hour winds at 10 meters, so let's just say
for argument's sake 40 near the surface.
survive a windstorm, or would they just get all blown
around down there to my front yard?
10
Would they
That's outside
11
of my area of expertise.
12
speaking, during operations the water surface and the
13
tailings surface will be much lower than the level of
14
the berms outside.
15
actually pick up and launch the balls out of the
16
tailings cell will be pretty limited, I would say.
17
18
20
23
24
25
They'd loft them up?
So this is an area for research, in my

opinion, if it hasn't already been --
21
22
So the ability of the wind to
Or they could create eddies that would do
just the opposite?
19
However, generally
HEARING OFFICER:
Dr. Grossman, questions.
(By Dr. Grossman)
Do you think that this
should be an area of research?

A
No, I don't think it should be an area of
research.

1577
1
HEARING OFFICER:
the day already.
have any more questions for this witness?
MR. STILLS:
5
6
I'm sorry.
I realize it's late in

Okay.
Does anybody
I do have one.
RECROSS-EXAMINATION
BY MR. STILLS:
It's your testimony that you weren't
involved with the closure cover for radon at this
site; is that correct?
10
I was involved with the initial closure
11
cover design.
12
redesign that incorporated the GCL.
13
14
However, I was not involved with the
So you can't testify to the current cover
closure design; is that correct?
15
That's correct.
16
MR. STILLS:
17
HEARING OFFICER:
18
Anybody else?
Can the
witness be released?
19
20
Thank you.
Hearing no objection, thank you for

testifying.
21
Let's taken 10 minutes.
22
23
HEARING OFFICER:
24
25
Who are you calling
next?
MS. LUCAS:
Roman Popielak.

1578
1
2
HEARING OFFICER:
If you would, raise your
right hand.
(Roman Popielak sworn by the Hearing
Officer.)
HEARING OFFICER:
THE WITNESS:
HEARING OFFICER:
THE WITNESS:
HEARING OFFICER:
10
Roman Popielak.
Spell it, if you would.
R-o-m-a-n P-o-p-i-e-l-a-k.
Your witness.
ROMAN POPIELAK,
11
being first duly sworn in the above cause, was
12
examined and testified as follows:
13
DIRECT EXAMINATION
14
15
16
BY MS. LUCAS:
Q
Hello, Mr. Popielak.

MR. STILLS:
I'm sorry.
I do need to
17
lodge or continue forward the objections that were
18
made more generally.
19
today as a rebuttal expert.
20
the timing issues, but there has been no rebuttal
21
report provided by Mr. Popielak.
22
report to even review to prepare for this testimony.
23
MS. LUCAS:
Mr. Popielak is being called

And I won't go through
We have no rebuttal
Mr. Popielak was disclosed as
24
a witness with our September 20th initial
25
disclosures.
He has a resume, a CV, and his rebuttal

1579
1
also is in his reports that were --
MR. STILLS:
No report, Your Honor, was
even disclosed at that time.
received was a list of documents in the application
and the disclosure of what he has.
his testimony is irrelevant.
in.
8
9
We're past direct.

MS. LUCAS:
If I may, all we
I would say that
We have the documents
We have no rebuttal report.

Mr. Popielak listened to
Ms. Travers' discussion of the vadose zone.
And we
10
understand she has questions about that so we wanted
11
to call Mr. Popielak to give Sheep Mountain an
12
opportunity to ask those questions.
13
HEARING OFFICER:
14
MR. STILLS:
15
MS. LUCAS:
16
17
Are these in the record?
Yes.
Yes.
Those are part of the
application.
HEARING OFFICER:
All right.
Your
18
objection is there's no -- a portion of your
19
objection is there's no separate rebuttal report
20
endorsement?
21
22
23
That's part of it?
MR. STILLS:
Yes.
Part of it is, there's
no -- yes, exactly.
HEARING OFFICER:
All right.
I'm going to
24
allow the witness to testify.
We'll address your
25
objection further when you get to the end game of the

1580
1
arguments in this exercise.
MR. STILLS:
Thank you.
HEARING OFFICER:
And I will return these
unless you want me to -- I guess I've been keeping
them.
MR. STILLS:
I would like those as
MS. LUCAS:
They're in the record.
HEARING OFFICER:
exhibits.
So let me clarify one
10
thing.
11
Exhibit 32 the Caroline Lee E-mail of 9-20-2012.
12
going to mark as Sheep Mountain Alliance Exhibit 33
13
the Golder Associates report of September 19, 2012.
14
I'm going through the documents you gave me.
15
going to mark as Exhibit 34 this one-page summary of
16
sections of the application.
17
I'm going to mark as Sheep Mountain Alliance
MR. STILLS:
And I'm
Those are documents that were
18
attached to the expert report or the expert
19
disclosures and were asserted as the opinions to
20
which he would testify on direct.
21
22
I'm
HEARING OFFICER:
All right.
But that's
how they're marked, so that we have a record.
23
MR. STILLS:
Okay.
24
(Sheep Mountain Exhibits 32-34 admitted.)
25
HEARING OFFICER:
Go ahead.

1581
1
(By Ms. Lucas)
today.
questions about your education and employment
background in order to qualify you as an expert.
am going to do my best to pay attention to speaking
slowly and precisely for the court reporter, and I'd
ask you to please do the same.
I'm going to start by asking you a few
8
9
10
Thank you for being here
Can you please describe your educational

background.
A
I received master's degree in geological
11
engineering in 1964 from Academy of Mining and
12
Metallurgy in Krakow, Poland.
13
recognized in the United States as equivalent of
14
master's degree in engineering by accredited
15
university in this country.
16
17
university?
18
19
20
21
22
My diploma has been
Was it accepted by a particular
No.
It was accepted by diploma evaluation
services in process of my professional licensing.

Q
Okay.
Can you please tell us some of your
mining and engineering employment history.

A
For several years I work as the
23
hydrogeologist for copper mines in Western Poland,
24
working on recognition and prediction of water
25
hazards in the mine as well as hydrogeological

1582
1
characterization of the mined area.
immigration to the United States in 1971, I worked
for a few years as assistant professor at University
of Idaho School of Mines.
the position as consulting hydrogeologist and working
for several employers.
profession until today.
8
9
Okay.
After
Afterwards, in 1978, I had
I continue this line of
Thank you.
And you mentioned some
work --
10
I'm turning this down for our hearing.
11
I'm not turning my volume down for them.
12
the record reflect I'm not muting us on the phone.
13
You mentioned employment in the private
14
sector and in education.
15
working in the public sector?
16
Just let
Do you have any experience
In public sector, I conducted several
17
projects.
18
sector was working as principal hydrogeologist for
19
waste isolation pilot plan in New Mexico from year
20
1979 to 1983.
21
pressurized brine pockets, brine occurrences, in
22
proximity to underground openings to assess their
23
potential impact or lack thereof and integrity of
24
mine excavations to host transuranic waste.
25
My first involvement in private -- public
The job entailed characterization of
THE REPORTER:
Excuse me.

1583
1
HEARING OFFICER:
Sorry.
(By Ms. Lucas)
transuranic?
Spell it.
Another public -Could you spell the word
T-r-a-n-s-u-r-a-n-i-c.
Another public sector job was design and
implementation of groundwater supply for Colorado
Division of -- Colorado Department of Natural
Resources, Division of Wildlife.
The water supply
10
was for fish hatcheries in Buena Vista.
And the
11
Division of Wildlife wanted to displace surface water
12
from being diverted to hatcheries with groundwater to
13
prevent whirling disease to the trout, the trout
14
fisheries.
15
Another public sector work -- and this is
16
ongoing -- is design of the underground openings for
17
DUSEL, Deep Underground Science and Engineering
18
Laboratory, in former Homestake mine in Lead, South
19
Dakota.
20
National Science Foundation as well as Department of
21
Energy, Fermi Laboratories in Chicago.
22
of this work is to design the large excavations
23
5,000 feet below grade to host a variety of
24
astrophysical research outside the influence of
25
cosmic ray.
The work is done under the auspices of
The objective
And this work also entails handling the

1584
1
mine inflows and characterization of groundwater
regime at this depth and at this location.
MS. LUCAS:
Okay.
Thank you very much.
At this point I'd like to offer
Mr. Popielak as an expert in hydrogeology and water
resources.
7
8
9
HEARING OFFICER:
Do you have
questions, Mr. Stills, on voir dire?

MR. STILLS:
No, Your Honor.
10
MR. GOAD:
11
HEARING OFFICER:
12
Voir dire?
No questions.
questions on voir dire?
13
You really muted him.
14
MS. LUCAS:
15
Did you hear the question, Mr. Sandler?
16
MR. SANDLER:
17
HEARING OFFICER:
18
I didn't mean to.
I did not.
for the witness in terms of his expertise?
19
MR. SANDLER:
20
HEARING OFFICER:
21
DR. GROSSMAN:
22
23
Do you have voir dire
I do not, no.
Dr. Grossman?
I'd just like to know what
professional societies you're a member of.

THE WITNESS:
International Groundwater
24
Association, Society of Mining Engineers, Colorado
25
Mining Association, and I am also a registered expert

1585
1
2
for the International Atomic Energy Agency in Vienna.

Q
(By Ms. Lucas)
Okay.
Can you please
describe your interaction or your involvement with
the Energy Fuels Pinon Ridge mill license
application.
Since 2007 I was involved in development
of this project, particularly being oriented on
hydrogeology characterization of the project area,
findings and definition and quantifications of
10
groundwater resources, definition of the boundaries
11
of the aquifer once the resources are found, and
12
determination of availability of groundwater for
13
future development of the project.
14
Last week we heard from Ms. Constance
15
Travers of Stratus Consulting about the vadose zone.
16
Were you listening to that testimony?
17
Yes.
18
Okay.
What did Energy Fuels do to
19
characterize the vadose zone at the Pinon Ridge mill
20
site, particularly under the proposed tailings cells
21
and evaporation ponds?
22
Within the project area, there were
23
35 wells and monitoring wells, pumping wells and
24
monitoring wells, installed to characterize the
25
geological regime.
In addition to those 35 bore

1586
1
holes installed specifically for hydrogeological
purposes, there was approximately -- I think 43
geotechnical bore holes, all of them penetrating
vadose zone.
information has been gathered in the vadose zone,
which we define as the soils and rocks between the
ground surface and occurrence of groundwater.
8
9
Therefore, significant amount of
Okay.
So the vadose zone is between the
occurrence of groundwater and --
10
And surface.
11
And surface.
12
Thank you.
Ms. Travers talked about water she called
13
perched water in the vadose zone.
14
perched water found at the site during these
15
investigations?
16
How often was
My knowledge, based on the situation from
17
about two years ago, three years ago since I was,
18
let's say, involved with this project, perched
19
groundwater or appearance of perched groundwater,
20
that's this way, was documented in two bore holes
21
located in the northern section of the project,
22
outside the northern boundary of the underlaying
23
productive or significant aquifer.
24
25
Ms. Travers discussed perched water found
in other monitoring wells.
What about that?

1587
1
There were several monitoring wells that
were drilled, and eventually they got some water.
The question is where the water came from.
first bore hole which encounter groundwater was
relatively shallow, was MW-2.
Let's say
Was relatively shallow?
Shallow, about 27 feet below grade.
This
water, as Ms. Morrison stated, was very erratic.
other words, after drilling, about 2 feet of water
In
10
was found on the bottom of the well.
In subsequent
11
testing, this water just disappeared.
So we don't
12
consider this location as presence of any sort of
13
perched water.
Simply, that water is not there.
14
I'm sorry.
You said this location --
15
Is not considered a location of perched
16
water.
17
Okay.
18
However, there were wells advanced to the
19
greater depths.
There was the Well No. 21, 22, and
20
23 of the EX series.
21
for several days.
22
the bottom of these wells was found.
23
opinion -- and not only opinion, but based on my
24
experience -- there are two mechanisms that could
25
cause presence of the water in these wells.
These wells were initially dry
After several days, saturation at

In my

1588
1
Two mechanisms?
Yes.
The first one is perched water.
Perched water occurs when unsaturated seepage from
throughout the vadose zone encounters impermeable
layer.
so we see some degree of groundwater occurrence at
this elevation.
presence of water in wells in apparently dry
formation or not saturated formation is the fact that
The water cannot go any farther fast enough
Second mechanism that can cause
10
once the well is dried and left open, the water
11
interstitial moisture --
12
Interstitial moisture?
13
Yes.
This is the moisture that is
14
contained between the grains of sand, silt, some
15
solid matter.
16
always feel that the soil is moist.
17
can be liberated into the well if there is a
18
mechanism, if there is a way for the moisture to come
19
into the well.
20
When we excavate to certain depth, we

This moisture
What happens when the well is drilled?
21
Initially the well is dry, as observed on the Pinon
22
Ridge site.
23
the well is at atmospheric pressure.
24
pressure outside the well is called lithostatic
25
pressure.
However, in this well, the pressure in

However, the
What is the pressure differential doing?

1589
1
It's driving the water into the well.
And how big
this pressure differential can be?
pressure is about 14.7 psi, one bar or one
atmosphere, technical atmosphere.
pressure outside the bore hole is about 1 psi per
1 foot of depth.
which is corresponding probably depth of those
monitoring wells, there is a significant pressure
differential to drive moisture into the well.
Atmospheric
Lithostatic
So let's say at 300 feet depth,
And in
10
my opinion, this is the mechanism which caused the
11
water to be present in the well a few days after the
12
well was dry -- drilled.
13
moisture to come there.
14
It took some time for the
If there were just perched water, existing
15
saturation, we would detect it in two ways.
16
first one, the wells were drilled with air rotary
17
method.
18
well were removed by the air, blown in the air from
19
the well.
20
overseeing the drilling would notice some droplets to
21
the surface, indicating that there, indeed, was
22
saturation.
23
consequence, the well was dry for some time.
24
25
The
What it means, all the cuttings from the
If there were water, driller and person
This thing has not been noticed.
Nevertheless, there is water.
So in
But we
believe that this water, first thing, is in the

1590
1
formation in the static form.
anywhere.
therefore, this I would classify as a well of
interstitial -- collection of interstitial moisture
rather than perched water.
observed at many locations, especially during the
time when we were investigating hazardous waste
sites, let's say, for refurbishment to the RECA
standards.
10
It doesn't move
It's not saturated formation.
I'm sorry.
And
This phenomenon has been
But at the Pinon Ridge site,
11
it was -- you think that the water that was found in
12
the monitoring well was this interstitial water, not
13
perched water?
14
15
16
Yes.
Is that what you're saying?

And this is not separate phenomenon.
It has been documented and observed elsewhere.

Q
Okay.
So what's the importance of the
17
difference between perched water and interstitial
18
water found in the monitoring well with respect to
19
that water's ability to transmit potential leakage
20
from the tailings liner, if there were any such
21
leakage?
22
Significant is next to none.
The reason
23
for this statement is such:
First thing, this water
24
is static, is not continuous, is not a continuum and
25
is not contiguous with other water bodies.
Anyway,

1591
1
2
3
4
we do not have evidence for it.

Q
Okay.
The interstitial water is not
contiguous to other water bodies?

A
That's correct.
The second thing is that
this water is well below any potential recipient of
the seepage if the hypothetical contamination was
there because it's on the elevation of about three
plus hundred feet below grade.
as other users' wells, are well, well above this
10
depth.
11
12
And arroyos, as well
So the interstitial water is below the
arroyos or anybody else's --
13
That's correct.
14
So did you -- I'm sorry.
15
make sure.
16
leakage to the interstitial water, it would not move?
17
And anyway, you don't think the leakage would get
18
that deep?
19
That's correct.
20
Okay.
21
Another point which I would like to make
I just want to
Did you just testify that if there was
22
is that this kind of moisture and water, even
23
accumulated in the wells or even of certain limited
24
extent, has no utility for monitoring the leakage
25
through the liner if anything could happen.
And the

1592
1
reason for this statement, to support this statement,
I'm citing the distance between the bottom of the
pond and uppermost occurrence of the perched water
above the Hermosa formation.
Let's assume that there's 300 feet of
vadose zone.
For small leakage, if it would happen
from the liner, it would take well in excess of a
thousand years to reach this depth, assuming
permeability of the intervening strata being, I would
10
say, on the low side, about 10 to minus 4 centimeters
11
per second.
12
So you're saying that even if the vadose
13
zone had a low permeability or a high -- was
14
permeable --
15
Yes.
16
-- that leakage from the liner would still
17
18
take almost a thousand years to reach -A
Yes.
This is fact, that the vadose zone
19
has permeability.
It is permeable.
The question is
20
how permeable.
21
vertical, the leakage, it is supported by literature,
22
research, and practice that the vertical permeability
23
perpendicular to the layering is at least 10 times
24
less than horizontal.
25
permeability has been documented on the side being
And since the movement is always
Therefore, horizontal

1593
1
10 to minus 3 of centimeters per second.
reasonable to consider 10 to minus 4 centimeters per
second for vertical permeability.
It is
For this permeability, we are talking
about thousands of years, about a thousand years,
plus or minus -- it's difficult to calculate this
thing exactly -- for the contaminant to reach the
groundwater, accumulated groundwater, let it be
perched or interstitial, and being monitored for
10
11
leakage.
Q
How about this horizontal permeability?
12
Ms. Travers testified that even if there's no water
13
in the vadose zone, if there was a leak in the liner
14
system and if this fluid reached the vadose zone, the
15
fluid could then escape in some way.
16
to that, please?
17
Can you speak
Spread of the contaminant could happen
18
only at the location, depth and location where
19
impermeable layer is evident.
20
borings as well as hydrological investigation
21
documented that the first impermeable layer are the
22
evaporites, soils, of Hermosa formation which is
23
about three to four hundred feet below grade at the
24
location of the mill.
25
And geotechnical
Now, if this spread happens, the question

1594
1
is how big the spread would be.
Please continue.
As Kim Morrison demonstrated, if the
leakage happens through the liner, there will be
three layers of liner which is quite, I would say,
remote possibility; nevertheless, existing.
leakage would be in a very, very small rate.
this small rate, again, will travel for a long time
down to the vadose zone to the first occurrence of
The
And
10
Hermosa formation.
11
detectable, it has to be very significant to spread
12
over this moist zone at the contact.
13
And second thing, to be
So then is it your testimony that if there
14
was a leak in the liner and the leak reached the
15
vadose zone, that that would not move, particularly?
16
17
It will not move certainly to any
recipients of the useable significant groundwater.
18
MS. LUCAS:
Okay.
19
HEARING OFFICER:
20
MR. STILLS:
Thank you.
Cross?
If Dr. Grossman wants to go
21
first, that will give me a second to pull up
22
something.
23
HEARING OFFICER:
24
to you to ask questions.
25
DR. GROSSMAN:
Mr. Stills is deferring
Yes.
I have a question.

1595
1
2
3
CROSS-EXAMINATION
BY DR. GROSSMAN:
Q
There does seem to be controversy about
whether there's perched water on the site or not.
Your sampling system -- I want to ask a few questions
about first the wells and how you might be able to
determine whether that water is perched or not.
8
9
You described two things that could be

happening in the wells.
One, that it's perched water
10
that has gotten in there, and secondly, it's gotten
11
in there by diffusive pressure differences which are
12
substantial.
13
here is actually even greater because we're so high.
14
Half the atmosphere is already below us at this
15
altitude.
16
taking the water out and having continuous monitoring
17
to see how long it takes for the water to come in.
18
And that would be short time periods for perched
19
water, right, and longer time periods for diffusion?
20
By the way, the pressure difference up
It seems to me you could test this by just
Yes, sir, that's correct.
There were
21
several -- again, there was a well, one well, MW-9,
22
that indicated presence of water in the well.
23
water was evacuated by blowing or abating, and it
24
took 33 days.
25
The
How long?

1596
1
33 days for the water to recover.
And to
me, this is indication of diffusive transfer of
water.
that came into contact with Hermosa, deeper wells.
Those wells were also evacuated, and it takes in the
range of days for the water to come back.
were perched water, it would be detected immediately
by drilling or immediately after drilling.
be present.
However, we have also wells which I mentioned
If there
It would
However, this time lag between
10
advancement of the well and occurrence of water is an
11
indication of diffusive transfer of moisture into the
12
well.
13
Thank you.
I think they know where the
14
location of these tailings cells or things that could
15
leak are located or are roughly located.
16
expansive area around this particular area where
17
leaks might occur, do you think that
18
ground-penetrating radar might be able to detect the
19
presence of perched water?
20
I am afraid not.
In an
I don't know what is the
21
contrast detection of ground-penetrating radar.
22
one thing, please, consider is kind of physical
23
limitation of detection of the perched water or
24
leakage under the liner.
25
the vadose zone is always occurring vertically.
But
Unsaturated seepage through

1597
1
However, certain dispersivity is to be considered.
Dispersivity depends on the heterogeneity of the
material but usually is assumed to be one-tenth of
the vertical distance.
So let's assume that we have certain
acreage of the pond, and leakage happens at XY
location.
lysimeters outside the perimeter of the tailings
impoundment, we will see nothing because the leakage
If we put any sort of monitoring
10
and transfer will happen at some distance from
11
lysimeter.
12
dwell on the response to this question.
13
are some U.S. techniques.
14
been using ground-penetrating radar to detect certain
15
kinds of voids in rocks, certain excavations or
16
discontinuities.
17
18
With ground-penetrating radar, I cannot

Maybe there
But in my practice, I've
Could you, for the people in here, tell us
what a lysimeter is.
19
Lysimeter is a device that works exactly
20
on the principle of diffusive flow.
And it is device
21
to monitor moisture -- interstitial moisture in the
22
vadose zone, in the zone of unsaturated flow where
23
the groundwater is not present yet moisture is in the
24
zone.
25
put so-called porous -- they call it in practice
How this is being done in the bore hole, we

1598
1
porous cup or porous tip.
This tip is installed at
certain elevations, certain depth, and is absolutely
sealed from the rest of the bore holes.
spaghetti tubing is extended to the surface.
certain number of days, since the lysimeter is
exposed to the atmospheric pressure, the pressure
differential, diffusive pressure, drives water into
the lysimeter, and it can be collected for sampling.
Yet the
After
Through that tube?
10
Through this tubing with the suction or --
11
there are some mechanics, or you may have some --
12
there are some other devices possible.
13
lysimeters display through the measurements in the
14
tubing much higher pressure than the surface, meaning
15
that lithostatic pressure is driving the water into
16
the device.
17
18
19
20
21
22
DR. GROSSMAN:
Thank you.
And usually
I have nothing
else.
HEARING OFFICER:
Did that help you come
up with your questions, Mr. Stills?

MR. STILLS:
Actually, it helped me
eliminate a couple.
23
24
25

1599
1
HEARING OFFICER:
2
3
4
Go ahead.
CROSS-EXAMINATION
BY MR. STILLS:
Q
So you were not here for the -- I should
say good afternoon.
You were not here for the
hearings last week in person; is that correct?
I was not here in person.
So you could not see the display and what
9
10
the testimony entailed as far as the projection and

the images; is that correct?
11
This is correct.
12
So the information you have was
13
transmitted to you by your attorneys concerning what
14
it is they presented visually; is that correct?
15
16
No, I did not.
However, I've been
listening to the testimony on the phone.
17
So you just heard them over the phone?
18
Yes.
19
Okay.
20
No.
21
You were here through the breaks and
22
23
24
25
Did you miss portions of it?
stayed on the whole time?

A
No.
I was not here through the breaks.
was taking breaks.

Q
So you took breaks during the testimony?

1600
1
2
3
4
5
Is that what you said?

A
No.
When you were taking break, I was
taking break.
Q
All right.
I'm sorry.
And I appreciate
your patience with my ear for your accent.
Do I have accent?
Or your ear for my accent, perhaps.
8
9
And you testified about 35 bore holes for

one purpose and 43 bore holes for another.
10
were not drilled for the purpose of testing
11
groundwater recharge; is that correct?
12
13
14
15
Those
Which portions -- which bore holes you
have in mind?
Q
You testified about 35 bore holes to
characterize the geological regime and 43 for --
16
Hydrogeological regime.
17
Okay.
18
Yes.
19
So for those 78 wells, those weren't for
20
21
Hydrogeology?
the purpose of testing groundwater recharge?

A
No.
They were not testing for groundwater
22
recharge.
However, each time the drilling is being
23
done for whichever bore holes, the overseeing
24
geologist is collecting all information, including
25
occurrence of water, should such water be

1601
1
encountered.
But you weren't there for the drilling?
No.
I want to ask about these -- you talked
No, I was not.
about a recharge test for MW-9?
Yes.
That recharge test was not used for these
8
9
78 wells we just discussed; is that correct?

A
10
as outlier.
11
That's correct.
This well was considered
And these bore holes, they provide now a
12
potential source for vertical transport of
13
groundwater at that site?
14
No.
The wells are sealed.
I mean,
15
sealed -- the annulus of the well is sealed.
The
16
annulus of the well -- in other words, the space
17
between the formation and casing -- is sealed.
18
Does casing ever fail?
19
Excuse me?
20
Does that kinds of well casing ever fail?
21
Not on this project.
22
23
24
25
I haven't seen it
failing.
Q
Have you examined this project for
failures in the wellbore casing?

A
No.
But I've been informed that the wells

1602
1
2
3
4
are being operational and functioning.

Q
And for these 80 or 78 wells, are they
being monitored for any leaks in the wellbore?

A
First thing, there are no 78 wells.
are only 35 wells that have been installed for
monitoring -- groundwater monitoring purposes.
wells that were for geotechnical purposes are
abundant upon drilling after completion.
There
The
As of monitoring -- or let's say testing
10
the wells for leakage within the liner, no, it has
11
not been done.
12
situ uranium recovery operations where by statute the
13
wells have to be tested for integrity, but the wells
14
are operating different ways.
15
wells where the pressure is being applied into the
16
casing, and any sort of failure could cause excursion
17
of lixiviant.
18
integrity and not tested for leakage.
This practice is very common in in
So no, those wells are not tested for
19
20
fuels site?
21
That's correct.
22
Okay.
23
24
25
They are injection
The wells at the site, at the Energy Fuels
Your testimony concerns a vadose
zone 300 feet deep; is that correct?

A
In locations -- in the locations of the
project facilities, yes.

1603
1
Your testimony is not applicable to a
vadose zone that may be 20 feet deep; is that
correct?
4
5
Not necessarily.
It's applicable to all
thickness, entire thickness of the vadose zone.
But you did not conduct an analysis of a
vadose zone that might be 20 feet deep; is that
correct?
No occurrences of moisture were found
10
below this -- above the contact with Hermosa
11
formation.
12
done.
13
14
15
Therefore, no investigation has been
You did no shallow groundwater
investigation?
A
Shallow groundwater investigation have
16
been conducted in the well MW-2, which was 27 feet
17
deep, and water happened to be present there.
18
However, water disappeared.
19
water was in response to some meteorological event
20
and not being perched zone, perched water.
21
And we believe that this
So water was found at that shallower
22
level, indicating a vadose zone might exist at
23
20 feet.
24
investigation of where that water came from or where
25
it might have gone?
When you saw that, did you do any further

1604
1
2
3
4
No.
sampling event.
Q
The water disappeared in the next

There was nothing to investigate.
And if the water were to have returned,
should that have been analyzed?
Absolutely, but the water did not return.
So assume that the water would have
returned.
analysis that you did for a 300-foot vadose zone?
Would you have conducted the same type of
Absolutely.
We would bail out the water,
10
evacuate the water from the well.
11
the rapidity of recovery and would certainly document
12
the water levels and fluctuation of water levels
13
versus time.
14
15
We would monitor
And that wasn't done at this site; is that
correct?
16
Excuse me?
17
That was not done for a --
18
It was not done because there were no
19
media to test.
20
this thing is being done on the other wells which are
21
located at the contact of the Hermosa formation.
22
Simply, there was no water.
However,
And it's your testimony that you haven't
23
had anything to do at this site for two or three
24
years, so since 2009?
25
No.
It was just periodic conversation

1605
1
with management of Energy Fuels Resources that
monitoring is going on, and essentially records are
being collected.
4
5
So if there's any changes since 2009, you
wouldn't be able to testify to those?
That's correct.
7
8
MR. STILLS:
Okay.
Your Honor.
HEARING OFFICER:
10
MR. GOAD:
11
HEARING OFFICER:
12
MR. SANDLER:
13
HEARING OFFICER:
14
MS. LUCAS:
15
No more questions,
Mr. Goad?
No questions.
Mr. Sandler?
No questions, Judge.
Any redirect?
I just have one quick
foundational question here at the end.
16
(By Ms. Lucas)
Did you read the report
17
from Stratus Consulting dated, I believe, December of
18
2010?
19
Yes.
20
MS. LUCAS:
Okay.
That's all.
21
HEARING OFFICER:
22
MR. STILLS:
23
THE WITNESS:
24
(Recess from 3:02 p.m. to 3:15 p.m..
25
HEARING OFFICER:
Can he be released?
Yes.
Thank you.
Mr. Moore, you're doing

1606
1
this one?
MR. MOORE:
HEARING OFFICER:
(Sandra Lynn Goodman was sworn by the
Hearing Officer.)
HEARING OFFICER:
State your full name, if
you would.
THE WITNESS:
Sandra Lynn Goodman.
10
HEARING OFFICER:
11
THE WITNESS:
12
Raise your right hand,
if you would.
Yes.
Spell your first name.
Sandra, S-a-n-d-r-a Lynn,
L-y-n-n, and then Goodman.
13
HEARING OFFICER:
14
MR. STILLS:
Got it.
Your Honor, if I may go
15
ahead, objection.
16
identifying and disclosing her on September 20th.
17
There was no report disclosing her on October 5th.
18
The first we ever heard or knew of this person who's
19
being brought forward to be sworn as an expert was on
20
November 2nd when we got a rebuttal report.
21
There was no report issued
I would say that the others are close with
22
the way things moved around, but it was very strict
23
between us when we negotiated the schedule that we
24
had some time to deal with folks.
25
stand back from the previous objections, the
While I don't

1607
1
objections on this witness are particularly
noteworthy because we had nothing to go on until five
days before the hearing, no ability to see whether or
not we wanted to do discovery, no ability to know
anything about her background.
So I think this is a worst case as far as we're
concerned.
8
9
MR. MOORE:
We're here flat cold.
Well, Edge did submit their
initial expert report on September 20th.
They also
10
submitted their rebuttal report on November 2nd.
11
Sandy was integral to the preparation of both of
12
those reports.
13
some of Dr. Power's testimony but also to give Sheep
14
Mountain Alliance and the others time to
15
cross-examine her and investigate her findings.
16
17
18
We brought her here today to rebut
HEARING OFFICER:
individuals.
The Edge report lists
Doesn't this individual --
MR. STILLS:
Your Honor, I have the
19
transmittal of Energy Fuels' experts' disclosures.
20
There was no Edge report transmitted.
21
something about Stratus, and we identified four
22
people from the Stratus report that we might call.
23
We called two of them.
24
25
We transmitted
There was no Edge -- we weren't given a

heads up to even do any research on this witness

1608
1
until November 2nd.
they withdraw this witness because it was a surprise.
We did get no response from them, but that was to be
expected given the speed at which things were moving
in this hearing.
dire.
And I did ask at that time that
I have no ability to even voir
MR. MOORE:
Here on this report of
September 20th, she was mentioned on the first page
of --
10
11
MR. STILLS:
I'm sorry.
I'm not sure what
you're referring to.
12
MR. MOORE:
Okay.
This is the
13
September 19th report prepared by Edge Environmental.
14
It was submitted, I believe, on September 20th.
15
she's mentioned on the first page of that, on the
16
cover page.
17
exhibit in the back, Sandra L. Goodman.
18
HEARING OFFICER:
19
MR. MOORE:
20
HEARING OFFICER:
21
22
And
And her CV or resume is listed as an
Mr. Spaanstra.
Can I see that?
Sure.
This went to
Was it provided to --
MR. SPAANSTRA:
In the September 20th
23
disclosure of our expert witnesses and their reports.
24
And again --
25
HEARING OFFICER:
Hang on a minute.
Was

1609
1
this report -- I'm looking at a September 20, 2012
E-mail sent at 6:11 p.m. that makes references to a
DVD.
from Edge?
Was this report in that DVD, this cover letter
5
6
MR. MOORE:
I think we're looking right
now.
HEARING OFFICER:
MR. STILLS:
so I know what we're looking at.
10
Yes.
Show it to Mr. Stills.
I'd like to take a look at it
This report was provided, but the
11
witness list that was provided never identified
12
Sandra Goodman, only Frank Filas and Mary Bloomstran.
13
And the lead author of this is not being presented,
14
only some of the folks who helped her out.
15
think we should have been able to guess that they
16
were going to bring Ms. Goodman here.
17
noticed.
18
provided according to the schedule.
19
say that this is an unfair surprise.
20
I don't
She was never
She's not on the witness list that we were
MS. LUCAS:
And I would just
Your Honor, I would say that
21
nobody knew at the time the witness lists were given
22
out that anybody had any witnesses.
23
Mountain didn't even provide a witness list on the
24
date witnesses were supposed to be identified.
25
given the spirit of being fast and loose with the
I believe Sheep
And

1610
1
rules, so to speak, we identified Ms. Goodman in our
initial disclosures and then identified her as a
witness definitely going to be here.
example, Sheep Mountain didn't solidify its witnesses
unless they closed their case at this hearing.
Ms. Goodman was also a prime author of the
socioeconomic aspects of the environmental report.
We're bringing her here to make her available for
questioning.
10
MR. STILLS:
Whereas, for
And
And Your Honor, the reports
11
that were released with that cover letter are the
12
report for the proposed Pinon Ridge project,
13
potential effects to Colorado pike minnow,
14
environmental report, and the Pinon Ridge wildcat
15
habitat improvement plan.
16
report in their license in here at all.
There's no socioeconomic
17
MS. LUCAS:
18
within the environmental report.
19
MR. STILLS:
20
21
The socioeconomic report is
It was not disclosed as an
expert report.
MS. LUCAS:
It's within the environment
22
report, which was disclosed as an expert report, and
23
she was listed as a primary author of that report.
24
25
HEARING OFFICER:
I'd like to have a
record of what was provided and when it was provided.

1611
1
So this is in the environmental report that's in the
application?
MS. LUCAS:
Yes.
Yes, Your Honor.
We
submitted the environmental report.
the application as the expert report from the Edge
Environmental team, who listed Sandra Goodman as one
of the primary authors of the environmental report on
September 20th.
9
10
HEARING OFFICER:
MR. STILLS:
If you don't, you may have
that one.
13
14
Do I already have a copy
of this?
11
12
That is also in
HEARING OFFICER:
32.
I have it.
It's marked
Let me give this one back.
15
Okay.
I'll note the objection.
I'll hear
16
argument on it.
17
testify.
18
without getting whatever in, getting it all in.
19
I may elect to exclude it at some point in the
20
process, but go ahead.
21
22
I'm going to allow the witness to
I'm not going to let us get away from here
MR. MOORE:
And
Thank you, Your Honor.
SANDRA LYNN GOODMAN,
23
being first duly sworn in the above cause, was
24
examined and testified as follows:
25

1612
1
2
DIRECT EXAMINATION
BY MR. MOORE:
Ms. Goodman.
questions here initially to qualify you as an expert.
Could you please describe your educational
background.
Thank you for being here today,

I'm just going to ask you a few
I have an undergraduate degree, a bachelor
of science degree in economics from Utah State
10
University.
11
business administration from the American Graduate
12
School of International Management, which is also
13
known as Thunderbird, in Glendale, Arizona.
14
Additionally, I have completed graduate work in
15
econometrics.
16
17
18
I have a graduate degree, a master's of
Thank you.
Could you please describe any
academic research you've performed.

A
My academic research includes work with
19
The Political Economy Research Center in Bozeman,
20
Montana.
21
Environment Research Center.
22
risk perception and risk assessment associated with
23
Superfund.
24
resource allocation, the incorporation of
25
environmental values into investment decisions made
It's now called the Property and

That work focused on
I also have conducted research into

1613
1
in Romania and Hungary.
And I have conducted research -- led a
research team at the University of Portsmouth in
England, assessing the environmental value -- looking
at ways to incorporate the environmental value of
coastal resources for investment decisions made by
the Ministry of Agriculture, Fisheries, and Food.
addition to that research work, I've taught economics
courses at colleges and universities in Montana,
10
11
12
13
In
California, Romania, and England.

Q
Can you please describe some of your
professional background and experience in economics.

A
Since 1997 my work in the private sector
14
has included work conducting socioeconomic analyses
15
for NEPA review, for oil and gas, mining, pipelines,
16
other industrial developments on federal lands in
17
Colorado, New Mexico, Oregon, Utah, and Wyoming.
18
I've conducted housing market research assessments
19
for banks considering investments in multifamily unit
20
housing developments.
21
utilities and NGOs, nongovernmental organizations, to
22
develop strategies to comply with The Clean Air Act.
23
MR. MOORE:
And I've also worked with
At this point I'd like to
24
proffer Ms. Goodman as an expert in socioeconomic
25
evaluations.

1614
1
2
HEARING OFFICER:
the objection we have before us.
3
4
5
Voir dire, subject to
VOIR DIRE EXAMINATION

BY MR. STILLS:
Q
Good afternoon, Ms. Goodman.
Your work on
this project was limited to the preparation of a
socioeconomic analysis; is that correct?
Yes.
No other areas that you worked on?
10
I worked on land use, transportation, and
11
12
socioeconomics.
Q
And Edge Environmental, are you aware of
13
how much compensation they received from Energy Fuels
14
for preparing these reports?
15
No.
16
Are you aware of a current contract for
17
doing a NEPA analysis for Energy Fuels concerning
18
their water supply?
19
No.
20
Are you aware of any communication between
21
your firm and Energy Fuels concerning this future
22
contract?
23
No.
24
Might this contract already be in place?
25
I have no idea.

1615
1
You have no idea.
We would need to ask
Ms. Bloomstran questions about the relationship
between Edge and Energy Fuels; is that correct?
Yes.
So yours is a very limited knowledge and
role?
There may be financial dealings going on
between the two organizations, but you wouldn't be
able to testify to that; is that correct?
What part of that was a question?
10
You would not be able to testify here as
11
to the financial relationship between Energy Fuels
12
and Edge; is that correct?
13
That's correct.
14
Your experience is assisting companies to
15
16
get through the NEPA process; is that correct?

A
I work with Edge Environmental, who
17
conducts the NEPA documents, the environmental impact
18
statements and the environmental assessments that
19
federal agencies -- the BLM and the Forest Service --
20
conduct to evaluate proposed industrial projects on
21
that federal land.
22
And your experience is limited to working
23
for industry who has proposed these projects and is
24
putting together an analysis; is that correct?
25
Within the NEPA process.
My -- within the

1616
1
NEPA process, yes.
2
3
MR. STILLS:
Okay.
previous objections, no further voir dire.
MR. GOAD:
HEARING OFFICER:
MR. SANDLER:
HEARING OFFICER:
8
9
10
11
12
13
14
No questions.
Mr. Sandler?
No questions.
All right.
DIRECT EXAMINATION (resumed)

BY MR. MOORE:
Q
Ms. Goodman, did you prepare a report for
this hearing?
A
Yes.
I was part of the team that prepared
the environmental report.

Q
Was this in response to Dr. Power's
15
report?
16
report, I believe.
17
Subject to the
And I'm referring to this November 2nd
Okay.
I can show it to you.

I'm sorry.
Yes.
I was still on
18
the why am I here, because I worked on the
19
environmental report.
20
written testimony submitted by Dr. Power, yes.
I completed a rebuttal to the
21
MR. MOORE:
22
HEARING OFFICER:
23
Okay.
I'd like to -Has this previously been
delivered?
24
MR. MOORE:
Yes, it has.
25
(Discussion off the record.)

1617
1
MR. MOORE:
I'd like to offer this as --
what exhibit are we on here?
Fuels Exhibit 5.
HEARING OFFICER:
As Exhibit 5, Energy
All right.
Subject to
the same objection that was already made, it will be
admitted.
(Energy Fuels Exhibit 5 admitted.)
MR. MOORE:
9
10
And Ms. Goodman also has a few
slides that she's going to be referring to in her

testimony.
11
Did you E-mail that to the parties?
12
MS. LUCAS:
13
I can do that right now.
(By Mr. Moore)
14
Dr. Power's testimony.
15
testimony last week?
These directly address
Did you listen to Dr. Power's
16
Yes.
17
It was on the phone?
18
Yes, on Friday afternoon.
19
Okay.
We heard on Friday that Dr. Power
20
believed that the Pinon Ridge socioeconomic analysis
21
was inadequate.
22
the analysis that was included in your report.
23
Yes.
Can you please explain the basis for
The analysis -- the socioeconomic
24
analysis included in the environmental report met the
25
standards set by decision makers in the permitting

1618
1
process.
National Regulatory Commission, NRC; the CDPHE
guidance for environmental reports for uranium mills.
It also met NEPA guidelines for socioeconomic impact
analysis.
The report met the standards set by the
MR. STILLS:
I'm sorry.
I'd like to
object to the witness testifying to legal
conclusions.
requirements.
10
11
MR. MOORE:
These are requirements, in her
opinion, that she believes they met.
12
13
She's testifying that these met the
HEARING OFFICER:
I'll take them as her
opinions.
14
I'm sorry.
Yes, they meet my --
15
(By Mr. Moore)
Just to clarify, as
16
well -- I'm sorry to interrupt you -- it's the
17
Nuclear Regulatory Commission.
18
typo in that.
19
Oh, I'm sorry.
I think we have a
It's nuclear.
And also
20
Nuclear -- the NRC and Office of Management and
21
Budget or OMB guidance for cost benefit analysis.
22
How would you account for the differences
23
among some of the various economic studies that were
24
performed on the Pinon Ridge mill regarding the
25
estimated number of jobs that would be created by the

1619
1
mill?
This is a slide with a table in the slide,
the table that was included in Dr. Power's
presentation on Friday.
that estimated jobs associated with the Pinon Ridge
mill.
It includes five studies
Three of the studies -- the studies by
Energy Fuels, Montrose County, and Power
Consulting -- estimated jobs associated with the
10
Pinon Ridge mill using the IMPLAN economic model.
So
11
within those three studies, all of the differences in
12
the estimated number of jobs between Energy Fuels,
13
Montrose County, and Power Consulting, the difference
14
in the total jobs can be explained by the inputs that
15
were used in the IMPLAN model.
16
So real briefly, the way that IMPLAN model
17
estimates the jobs associated with the project is the
18
first step is to identify the area where the project
19
is spending and where the jobs that are associated
20
with that spending will occur, so you define the
21
study area.
22
23
24
25
Energy Fuels -HEARING OFFICER:
Let me interrupt.
IMPLAN meaning -THE WITNESS:
I'm sorry.
I-M-P-L-A-N
stands for impact assessment so it's called the

1620
1
2
IMPLAN.
A
It's a software tool that estimates jobs.
It estimates those jobs based on the study area
that's specified for a particular project that's --
the study area and the number of direct jobs and
spending that are associated with that project.
And the differences in the estimated jobs
can be explained by differences in those three
inputs.
The study area defines the region in which
10
the estimated jobs will occur.
11
includes a project's -- most of the project's
12
suppliers, its contractors, and most of the places
13
where people who work at the project will spend their
14
wages, where they do their shopping, where do they go
15
to a doctor.
16
the process, to IMPLAN's process of estimating jobs
17
because it identifies, again, that area where the
18
spending will occur.
19
And that study area
So identifying the study area is key to
I identified a study area that includes
20
Montrose County and San Juan County, Utah, because I
21
believe that's where most of the project's spending
22
will occur.
23
area that includes a four-zip code area of the West
24
End of Montrose County.
25
area, most of Energy Fuels' suppliers and contractors
Dr. Power's analysis identified a study
However, that four-zip code

1621
1
are located outside that four-zip code area.
And based on my interviews with residents
of the West End in terms of asking them where they go
shopping -- if they need to do a major grocery store
run, where do they go?
Wal-Mart, Target, or City Market, which everybody who
lives here has to do, they said they generally go to
Montrose, which was why we included all of Montrose
County into -- incorporated that in our model.
10
If they have to go to
So in summation, those are the three
11
primary differences.
12
difference in the total jobs.
13
14
15
That's what explains the
(By Mr. Moore)
Could you speak a little
bit on the direct employment input?

A
I'm sorry, yes, and the direct employment.
16
The direct employment and the direct spending
17
associated with the mill are the other two inputs.
18
Because employment and the spending by the project
19
determines how much money will circulate within the
20
study area's economy to create the additional jobs.
21
Energy Fuels estimated that 85 jobs will
22
be associated with the mill so our model incorporated
23
85 direct jobs.
24
65 jobs at the mill.
25
Fuels' estimation that 80 percent of those 85 jobs
Dr. Power's model only includes

And that's based on Energy

1622
1
would be filled by current residents of the study
area.
jobs would be filled by new residents who would move
to the study area to take those jobs.
analysis did not take those jobs into consideration.
Energy Fuels estimated that 20 percent of the
Thank you.
Dr. Power's
Tell me, with what you know
about the IMPLAN model, what would you do if you
wanted to underestimate the number of jobs associated
with the project?
10
If you wanted to underestimate the number
11
of jobs, you'd restrict the study area to an area
12
that included none of the project's suppliers and
13
none or very few of the places where anybody who
14
worked at the mill would spend their wages.
15
Secondly, you'd underestimate the direct employment
16
and spending associated with the project.
17
So in your opinion, do you believe
18
Dr. Power's report underestimates the economic
19
impacts of the Pinon Ridge mill?
20
Yes, because the spending and the jobs
21
associated with the project will occur.
22
occur.
23
area that the Power report identified as the study
24
area.
25
They will
They'll just occur outside the four-zip code
Okay.
Thank you.

1623
1
So now I'd like to turn to the issue of
environmental stigma that Dr. Power discussed in his
testimony and in his report.
literature have to say about the stigma associated
with uranium mining and uranium milling?
What does the economic
The literature on stigma generally
addresses potential impacts to property values,
population immigration, business growth, and the
tourism industry.
Four recent studies address stigma
10
as it relates to uranium facilities.
11
reports acknowledge that no economic model can
12
reliably predict how people will react to the
13
presence of a uranium mill in a particular location.
14
All of those
However, based on their interviews with
15
local business leaders and community leaders,
16
researchers in four of these studies -- Chmura
17
Economics, another firm called RTI International out
18
of Research Triangle Park, North Carolina, and George
19
Mason University found that local efforts -- or
20
efforts to attract businesses to an area where there
21
was --
22
23
24
25
MR. STILLS:
Your Honor, I would object to
her testifying to other people's reports.

MR. MOORE:
I would say she's testifying
as to her understanding of the findings of these

1624
1
reports.
MR. STILLS:
never been revealed.
get them.
5
6
7
8
9
10
11
They've never been provided,

We never had the opportunity to
THE WITNESS:
Your Honor, Dr. Power
referenced all of the reports on Friday.

HEARING OFFICER:
Well, if they're
included in Power's report, I'll allow it.

MR. STILLS:
They were not included in
Dr. Power's -THE WITNESS:
They're not included in
12
Dr. Power's report because they were completed after
13
his report was completed in 2010.
14
that he had a copy of the reports with him.
15
MR. STILLS:
On Friday he said
When asked by these guys.
16
never came through counsel.
17
bit of a surprise to me on the stand.
18
MR. MOORE:
It
It was actually a little
Well, Dr. Power actually
19
indicated that he participated in the preparation of
20
these reports, if I'm not mistaken.
21
HEARING OFFICER:
The witness can testify
22
as to opinions she has formed.
That may or may not
23
include these reports.
24
as to what the reports say, that's just flat hearsay
25
unless it's on the table.
If the witness is testifying
And she can't testify to

1625
1
2
that.
So ask her her opinion.

Q
(By Mr. Moore)
In your opinion what do
these reports say about the economic impacts of
uranium mills and uranium mines in their particular
locations?
Okay.
In my opinion, based on what is
written in the reports, the researchers found
inconclusive and limited evidence concerning the
stigma associated with uranium mines.
Again, the
10
researchers reported that in their interviews with
11
business community leaders, they had found no
12
evidence that the presence of a uranium mill or the
13
prospective presence of a uranium mill had harmed or
14
hurt -- I'm sorry -- harmed or helped their efforts
15
to attract business to an area.
16
So overall my opinion, again, based on
17
what the researchers -- authors of those reports said
18
were their conclusions, they were inconclusive.
19
reports did say that in instances where stigma was
20
associated with an undesirable facility, that the
21
effects of stigma were generally limited to within
22
five miles of such facilities.
23
The
So in your expert opinion, what do you
24
think we can expect on the potential for stigma
25
related to the Pinon Ridge mill?

1626
1
To the extent that any stigma did exist, I
believe that it would be contained within five miles
of the facility.
4
5
Thank you.
Just a couple more questions
here for you.
Dr. Power also mentioned that over
100 jobs could be created by performing reclamation
of existing uranium sites in this region.
have any idea where that money might come from to
10
11
12
13
Do you
perform that reclamation?

A
That information was not included in his
report.
Q
Thank you.
Dr. Power also mentioned that
14
we were being selective on the choice of reports that
15
we brought forth to support the license.
16
Dr. Power being selective in his analysis, as well,
17
in your opinion?
18
In my opinion, he was.
Isn't
I think that's
19
evidenced by his identification of a restrictive
20
study area over which to estimate jobs associated
21
with the mill, his interpretation of general and
22
inconclusive research in the literature on stigma,
23
and his dismissal of interviews, speaking with people
24
in the local area, because he has empirical data to
25
support his conclusions.
I disagree with that

1627
1
approach.
2
3
MR. MOORE:
That's
it.
4
5
Thank you very much.
CROSS-EXAMINATION
BY MR. STILLS:
Q
Basically you've testified that the stigma
literature says you can't take general conclusions
and put them in a specific place; is that correct?
Can you say that again?
10
You testified that you can't take the
11
results of another study on stigma and understand
12
what will happen in another place; is that correct?
13
14
information.
15
read that I'm familiar with go so far as to say that
16
the results -- would use the results from any
17
particular area to predict what would happen in
18
another area.
19
You can understand.
You can get
But none of the studies that I have
The studies don't do that.
So you need to do that study for each
20
particular area to draw any conclusions concerning
21
the stigma effect; is that correct?
22
23
I think that's a nonsensical question, but
it's a "yes" or "no" one, right?
24
Correct.
25
Okay.
So what is it?

1628
1
MR. STILLS:
(Page 1,627 Lines 19 through 21 read.)
Would you read that back.
That study being a stigma, a stigma
associated with a particular facility in a particular
location, if you wanted to accurately assess the
stigma associated with a facility in a location,
particular location, yes, you'd have to look at that
particular area.
9
10
(By Mr. Stills)
That wasn't done here; is
that correct?
11
I'm sorry?
12
The environmental impact analysis -- are
13
14
15
16
17
you familiar with that document?

A
I'm familiar with the environmental report
that we completed.
Q
So you have no testimony today to offer
about the environmental impact analysis?
18
No.
19
For the environmental report it says
20
there's literature, but it does not contain the data
21
or the application of that data to any particular
22
geographical region here concerning stigma; is that
23
correct?
24
25
The environmental report looked at -- you
know, based on -- looked at the impact on property

1629
1
values in San Juan County, looked at the potential --
spoke with the county assessor over in San Juan
County to see if there was any difference in the land
values between land in Blanding, Utah, which is close
to the White Mesa mill, and in Monticello.
on those interviews, which the environmental report
clearly stated was an interview, the county assessor
said that there were no differences -- no discernible
differences, you know, in land prices.
And based
10
And looking at average and median prices
11
of homes for sale at that time, there was less than
12
2 percent difference in the average and median prices
13
of homes for sale, comparable homes for sale in the
14
Blanding and Monticello areas.
15
evidence --
16
You're not here to talk about property
17
valuation?
You're not a land assessor, are you?
18
I was attempting to answer your question.
19
I'm sorry.
20
So there was no
I thought you were done.
I'll
let you go ahead.
21
I guess I'm finished.
22
Okay.
You're not here providing testimony
23
on land price valuation?
24
expertise?
25
That's not in your
Right.

1630
1
2
You made no attempt to interview people in
the Paradox Valley for their risk adverseness?
No.
And you agree with Dr. Power that varying
the geographic scope of the study is important to
gain alternative views of what may be going on in an
area; is that correct?
Varying?
I agree with Dr. --
If you change the varying scope of an
10
economics analysis, a socioeconomic analysis, you may
11
get a different result based on that geographic
12
scope; is that correct?
13
If you change the scope, you will -- yes.
14
Is that referred to as sensitivity
15
analysis in some areas, where you take several scopes
16
and compare them against each other?
17
Yes.
18
That's an accepted methodology, to look at
19
alternatives?
20
Yes.
And as a matter of fact --
21
I'm sorry.
When you have varying results,
22
to be able to understand them a document really needs
23
to have some explanation about why they're different;
24
isn't that correct?
25
If that -- if that document is comparing

1631
1
two -- two areas.
that sensitivity analysis.
that 116 of the jobs, of the total jobs, you know,
associated with spending with the Pinon Ridge mill
will be contained in this four-zip code area of the
West End of Montrose County, 116 jobs there.
We have right here an element of

The Power report assumes
You know, the Energy Fuels estimate looks
at, okay, across Montrose County and San Juan County,
there's 313 jobs because there's additional spending
10
that goes on within that broader geographic area.
11
there's your sensitivity analysis.
12
conducted as a sensitivity analysis, but it provides
13
some of the same information.
14
So
It wasn't
But that's important when you synthesize
15
various reports that may have competing scopes,
16
scales, to know what is underlying them so you come
17
out with some kind of an analysis?
18
you're doing here today, isn't it?
19
That's what
Those were two questions.
Yes, it is.
20
you're synthesizing various reports, you take into
21
account the differences.
22
Okay.
If
You make reference to some real
23
estate market information comparing various towns in
24
Colorado to specific Superfund sites.
25
Page 5 of your report?
Is that on

1632
1
Of my written testimony?
Yes.
Yes.
And for instance, you compare Aspen's
median home value to the statewide home value to
suggest there's no stigma there; is that correct?
I presented that information to show
that -- I didn't conduct any studies on stigma
impacts.
If you look at the average home price in
10
Aspen, it's close to a million dollars.
11
clearly above the statewide average.
12
exists, it's not reflected through lower property
13
values or at least in the census report of median
14
home values.
15
16
17
18
19
It is
So if stigma
And that's the way you applied the stigma
literature to a situation?
A
No.
That's how I applied -- that's how I
offered that example.

Q
But you've got no evidence to support it?
20
You just pulled some census data and compared Aspen
21
to Colorado and said the Smuggler Mountain Superfund
22
must not have an impact.
23
analysis of that site; is that correct?
24
25
You didn't make any
I used a technique that the -- Dr. Power
had -- I'm about to reference a report that Dr. Power

1633
1
had cited as basically the one study that --
Is it cited here?
I'm sorry?
Dr. Power cited it, yes.
It's
cited in my information -- I'm sorry -- in my written
testimony.
Cotter's uranium mill in Canon City.
similar technique where they had -- they looked at
property values in different areas where -- different
areas where there were Superfund sites.
This is the RPA Consultants report of

They employed a
And they
10
made no attempt to present the information, the
11
comparison of prices, for anything other than, you
12
know, what it was, a simple comparison of prices.
13
14
15
So comparing two towns really doesn't give
you anything?
A
It's an observation of what exists.
It
16
doesn't make any effort to explain what it exists.
17
It simply says here is what exists and acknowledges
18
that explaining what exists through an economic
19
analysis is beyond the scope of that particular
20
analysis.
21
22
The scope of the analysis, it's very
important to understand that?
23
Uh-huh.
24
Okay.
25
And using the example you have here
of Aspen, you can mask and mislead by changing the

1634
1
geographic scope.
Dr. Power?
No.
Is that your testimony about
I think they're unrelated.
The
example of -- you know, home prices, if you were
to -- if stigma is an indication of lower property
values, there's clearly something going on in Aspen
where any stigma associated with the Superfund site
in Aspen hasn't terribly affected home prices because
they're over a million dollars.
10
11
Now --
12
But you compared Aspen to Colorado.
I compared Aspen to Colorado showing that
13
the average, the median home price in Colorado, is
14
around $237,000.
15
16
17
Aspen is well above that.
Have you gone to Aspen so see where the
Smuggler site is?

A
It's about two miles from the site -- I
18
mean -- I'm sorry.
19
miles from the town.
20
from the EPA.
The site is approximately two

That's based on information
21
But you haven't been there?
22
Not within the last two years.
23
Are you familiar with the town?
24
No.
25
Would it be useful information to know

1635
1
whether or not the trailer park in town was the
closest residential area to the Smuggler site?
Not for the purposes of my example.
Would the home values in the section of
town up against the Smuggler site as compared to
other portions of town be useful information?
Not for my example.
Would it be useful to a person trained in
9
10
applying this technique to a particular geographic

location?
11
Not if they're trying to make the example
12
that I was trying to make.
If they're trying to make
13
the example that you're trying to make, yes.
14
What's the example I'm trying to make?
15
And, you know, I'm not trying to be hard
16
to get along with, and it may be late, but I don't
17
know.
18
Okay.
I'm not either, and it may be late,
19
too.
20
If you wanted to know if there was stigma due to the
21
Smuggler site, might you legitimately define the
22
geographic scope of the analysis as the Town of Aspen
23
to see if you found lower home values up against the
24
site as compared to the rest of the town?
25
I'm just trying to dial in on a couple things.
Close to the site, yes.
I would say if

1636
1
you wanted to look at stigma effects in Aspen, yes,
look at property values of -- of values at varying
locations of that site, of the Superfund site there
in Aspen.
5
6
So actual data, vary the geographic scope,
and you might get some useful information?
Uh-huh.
You didn't do that?
to Colorado?
You just used Aspen
10
Yes.
For this example, yes.
11
And the same could be said of all the
12
other four examples you used here?
13
comparison?
14
you might have cherry-picked some of the nicer places
15
in Colorado that could be explained by amenity
16
values, actually, for the home values in the town; is
17
that correct?
18
There's no local
It's just town to Colorado?
And I think
Actually, I cherry-picked all the towns in
19
Colorado that have Superfund sites that are related
20
to abandoned mining activities as reported by the
21
EPA.
22
So the stigma analysis, say, in Telluride
23
would be properly applied by seeing if there were
24
varying levels of home valuation or property values
25
across the town.
And you didn't do that, did you?

1637
1
No.
And it was Dr. Power's testimony that you
need to use these techniques, and you need to use
them properly to understand what's going on and to
come up with some conclusions; is that correct?
6
7
8
9
That's not my understanding of what he
said in his report.

Q
Okay.
The information concerning the
Paradox Valley --
10
MR. STILLS:
Can we take five minutes?
11
I'm having trouble finding a set of notes that fell
12
into my computer.
13
HEARING OFFICER:
14
15
16
(By Mr. Stills)
Sure.
Let me go back.
some notes that you were testifying from?
17
No.
18
To the court reporter?
19
20
You had
I gave them --
Can I just have a quick look at those.

Are these just --
21
Slides, yes.
22
-- a copy of your slides?
23
MS. LUCAS:
24
MR. STILLS:
25
MS. LUCAS:
Okay.
Thanks.
She can use them, right?

Yes.
You want to hand them back to

1638
1
her?
2
3
4
MR. STILLS:
Q
Sorry.
(By Mr. Stills)
And the data that you
relied on has been provided by Frank Filas?
I'm sorry.
What data?
In your work on this project, has Frank
Filas provided the underlying sociological (sic) data
that you looked at?
No.
Energy Fuels provided data on
10
employment for the socioeconomic analysis.
11
Information provided by Energy Fuels included the
12
spending, how much Energy Fuels expected to spend on
13
the project, and employment.
14
15
Did you ever have any problems with the
data that was provided to you?
16
No.
17
You never referred to it as made up?
18
No.
19
Okay.
The Paradox Valley is a very
20
different place than Nucla and Naturita; is that
21
correct?
22
23
You know, I don't -- I don't know.
Yeah,
very -- very different.
24
Have you ever been to the Paradox Valley?
25
No.
I've only driven through it.
So in

1639
1
terms of people who live there, I don't know how it's
very different.
You haven't spoken to anybody in Paradox?
You haven't talked to the owner of the Bedrock Store;
is that correct?
I can't remember.
I'm trying to think if
I asked the owner of the Bedrock Store when they had
to get groceries, do a major grocery store run, you
know, where they went.
I don't know.
If I did speak
10
to them, they would be included as a reference in the
11
environmental report.
At this point, I don't know.
12
Okay.
13
But that would have been my only reason
14
15
for speaking with them.

Q
Would a business owner such as the Bedrock
16
Store -- would her view of -- would that person's
17
view of this project be important for socioeconomic
18
analysis and stigma?
19
For an overall -- that person's view would
20
be as important as anyone else who lived in the --
21
you know, in Paradox Valley, their view.
22
In that actual valley?
23
Right.
24
And you testified that you can't just move
25
the Canon City study over?
You've got to understand

1640
1
and apply the technique to the Paradox Valley?
hers would be important.
inn?
along with the mill be important?
And
How about an owner of an
Would their view of the stigma that would come
Yes.
But you never asked any of those people
7
8
9
10
about their views; is that correct?

A
I don't remember speaking with the owner
of any inn, no.

Q
You weren't here to hear any of the public
11
testimony about what people's views are about the
12
area; is that correct?
13
14
15
Not yesterday.
I have heard people's --
testimony of people's views of the project.

Q
But hit and miss?
You just picked up a
16
little bit here and there during this hearing?
17
didn't sit in on all the testimony; is that correct?
18
No, I did not.
19
MR. STILLS:
20
HEARING OFFICER:
21
DR. GROSSMAN:
22
23
24
25
You
I have no more questions.

Any questions?
Yes.
CROSS-EXAMINATION
BY DR. GROSSMAN:
Q
Were you involved in figuring out how many
vehicles would be used for the 500,000- and

1641
1
1500-tons-per-day operation?
again.
Okay.
I'm sorry.
Ask that question
Were you involved in figuring out how many
vehicles would be used for the 500,000- and
1500-tons-per-day operations at this mill?
Because I was involved in looking at the
transportation-- the traffic-related impacts
associated with the project, yes.
The answer would
10
have to be yes, I was involved with that.
11
haven't -- I haven't looked at that in regard to this
12
so I can't -- I can't answer any specific questions.
13
I can't remember.
14
not part of what I was prepared to discuss today
15
because I had been asked to comment on the
16
socioeconomic impacts also.
I just -- so just know that that's
17
Okay.
18
I mean, only.
19
Is there a published model used by this
20
IMPLAN software?
I mean, software is essentially --
21
unless you really get into the code, this whole
22
discussion of open code that you may hear in the
23
Internet -- do you know if the code that was supposed
24
to be in this IMPLAN, if there's a published
25
reference that you can go to and say, well, to the

1642
1
best of the person who developed this, they used this
model, which is explicitly described and reviewed for
this software?
a report or something?
In other words, a journal article or
I don't -- I don't know the code.
IMPLAN
is very clear about the sources of the data that are
incorporated into the multipliers that they build
into the model for a particular area in terms of the
data coming from sources such as the Census Bureau,
10
USDA, Census of Agriculture, county business
11
patterns, several sources of publicly available and
12
then their proprietary data.
13
the code.
14
I have no knowledge of
I just want to point out to you that from
15
my knowledge of how things work with models that
16
you've got the garbage in/garbage out problem.
17
Exactly.
18
And you also have the weighting problem.
19
And I'm just inquiring as to whether you know the
20
various inputs to this model, how those weighting
21
functions are determined because they're going to
22
determine the outset.
23
data in the world, if you don't have the right
24
permeability or whatever parameter in there that you
25
multiply against all these inputs, you might get the
Even if you've got the best

1643
1
wrong answer.
I just -- are you aware of that?
I am certainly aware of garbage in/garbage
out.
widely used economic assessment models.
would think that if there was a -- if there was a
problem with the model, it would not be so widely
used within the profession.
8
9
I'm also aware that IMPLAN is one of the most
Okay.
And so I
You talked about interviewing
people about where they went shopping --
10
Uh-huh.
11
-- and so forth.
Did the results of this
12
interviewing produce results that were statistically
13
significant?
14
size large enough that you could look at the
15
variability in that sample size and make some
16
conclusions about it?
17
18
19
20
In other words, do you have a sample
I did not -- I did not conduct a formal
survey, so I did not.

Q
You just walked around town and talked to
store owners and business leaders and so forth --
21
I talked to people, yes.
22
You talked about people going to Montrose
23
to shop?
24
Uh-huh.
25
I venture to say that in the wintertime

1644
1
they don't do that, that they probably go to Grand
Junction instead, just about halfway in between.
Uh-huh.
You don't have to go over Norwood Hill,
you don't have to go over Dallas Divide.
You can
just shoot down Unaweep and a small, little divide
over there in the middle of Unaweep, and you're damn
near to Grand Junction.
here seasonally?
So there might be a split
10
Uh-huh.
11
Because you can't get across the plateau
12
on 25 Mesa Road in the wintertime.
13
MR. MOORE:
14
HEARING OFFICER:
15
MR. MOORE:
16
Your Honor -Is this a question?
He's testifying here.
(By Dr. Grossman)
Was that taken into
17
account, the seasonal difference in purchasing
18
patterns?
19
Certainly what was taken into account, the
20
people said that when they -- generally when they
21
went to the -- when they did a major grocery store
22
run, they typically went to Montrose, Grand Junction,
23
sometimes as far as Cortez.
24
Montrose.
25
how large are we going to make this study area.
Generally they went to
So then you come into the question, okay,

1645
1
Certainly if you include Mesa County, any portion of
Mesa County all the way down to include -- I'm sorry.
I can't remember what county Cortez is in -- then
you're going to estimate larger job impacts because
if you increase the size of your study area -- you
don't want to make the study area too big for
relevant decision-making purposes.
had generally said that by and large, Montrose was
where they went, we considered Montrose County to be
10
part of the study area over which we estimated jobs.
So because people
11
Did you ever hear of the Paradox drive?
12
I have not.
13
Do you know what it is?
14
I guess you don't
know.
15
I don't know.
16
When you come into Paradox Valley from the
17
east, a big sign on the side of the road that says
18
this is a historical cattle drive area.
19
Uh-huh.
20
It's called the Paradox drive.
It happens
21
about once a year when they bring the cows down from
22
one meadow and send them up to meadows in Lone Cone.
23
That's the historical drive that went on here.
24
Uh-huh.
25
It way preceded any mining around here.

1646
1
HEARING OFFICER:
MR. MOORE:
DR. GROSSMAN:
Dr. Grossman, questions.
He's testifying here.

Okay.
(By Dr. Grossman)
Are you aware that the
Paradox drive could greatly inhibit traffic into the
mill for a period of time?
Okay.
Do you think that the presence of this
I'm not familiar with it.
mill would inhibit this great historical event, that
10
the mill people would eventually say these people are
11
bothering us, stopping our trucks with all these cows
12
on the road?
13
MR. MOORE:
Your Honor --
14
HEARING OFFICER:
Dr. Grossman, you're now
15
asking the witness to speculate about something she's
16
never heard of so I think you're well beyond the
17
limits.
18
DR. GROSSMAN:
Okay.
19
HEARING OFFICER:
20
testimony, not to hear you testify now.
21
DR. GROSSMAN:
22
THE WITNESS:
23
HEARING OFFICER:
24
25
I'm way out on this.
We're here for her
I'll stop right here.

Okay.
Mr. Goad, do you have
questions?
MR. GOAD:
No questions.

1647
1
2
HEARING OFFICER:
questions?
3
4
MR. SANDLER:
No questions for this
witness.
HEARING OFFICER:
MR. MOORE:
HEARING OFFICER:
8
9
Matt, do you have
Redirect?
Nothing further, Your Honor.

Thank you.
is released.
THE WITNESS:
Thank you.
10
HEARING OFFICER:
11
more witnesses that they want to offer?
12
The witness
Does anybody have any
I have one gentleman in the back of the
13
room that would kind of like to put in a comment.
14
you will E-mail it to me, I'll put it in the record.
15
I received two E-mails this morning from people
16
either in support of or protesting the mill, and I
17
included them in the 153 items that I mentioned to
18
you earlier.
19
it in the record.
20
So if there's another E-mail, I'll put
Do we have anything else before the
21
10-minute closings we agreed upon?
22
MS. JOHNSON:
23
24
25
If
My name is Janet Johnson.
would like to comment.

HEARING OFFICER:
Ms. Johnson, if you have
comments you want to make, you've given me one by

1648
1
E-mail that I know of.
If you would submit them by
E-mail, I would much appreciate it.
MS. JOHNSON:
HEARING OFFICER:
That would be great.

And I will include them
in the record.
oral comments today.
yesterday.
comments I get and pass them on to counsel.
But we're not going to start taking

The time for that concluded
But I will include any additional E-mail
MS. JOHNSON:
10
Thank you.
HEARING OFFICER:
Now, I think that
11
concludes the evidence we're going to take.
And we
12
talked about 5-minute -- or 10-minute closings -- I'm
13
going to squeeze it down more if I can, folks --
14
which you may choose to make or may not choose to
15
make.
16
together with the material you're going to send in
17
terms of proposed findings and conclusions.
18
are due you said the 5th of December, you told me
19
earlier?
But I will consider any post trial briefs
20
MS. LUCAS:
21
HEARING OFFICER:
Those
4th.
The 4th of December.
22
And for those of you on the phone and in the room,
23
that's an opportunity for the lawyers to tell me what
24
they think I should decide, is really what it comes
25
down to.
And I'll get those when I get them under

1649
1
that schedule.
MR. STILLS:
Your Honor, there is
something linked to that that came up during the
hearing.
information on this for us, as well.
heard that there was going to be 45-day time period
for the transcript to come out, and that forms a
fundamental basis of what our findings of facts and
proposals would be.
10
11
And the court reporter may have some

We originally
When are we anticipating to get
that transcript?
MS. LUCAS:
I believe that the last I
12
heard it was the end of this month, November 30th or
13
December 1st.
14
MR. STILLS:
I would submit that we need
15
to revisit schedules.
16
six-day hearing transcript and prepare findings, even
17
as diligent as we are being, I don't think that is a
18
reasonable time frame for counsel to provide you
19
cogent and well-thought-out proposals.
20
HEARING OFFICER:
21
Four days to go through a
Why don't I consider
that after we see when you get them.
22
MR. STILLS:
Very good.
23
HEARING OFFICER:
I'd rather deal with,
24
this is what happened and let's deal with, than this
25
is what may happen and let's deal with it.

1650
1
Now, one more thing we need to talk about.
We have an obligation to have a conversation at the
Department of Health in Denver.
to schedule that before we depart?
wait until -- and I suppose I'm deferring to
Mr. Goad, as the host.
telephone?
8
9
10
11
MR. GOAD:
Do you want to try

Or do you want to
Do you want to do that by
Mr. Stills and I chatted about
that a couple days ago, and I'm waiting to hear back

from him on that.
MR. STILLS:
And I assume a tsunami of
12
scheduling demands await us when we leave here.
13
would suggest we do that, that we do the scheduling
14
by E-mail this week and phone calls, but not to let
15
it get out from under foot.
16
here and schedule today, knowing there's things --
17
HEARING OFFICER:
But I can't really sit
Okay.
So why don't you
18
folks communicate with each other, and assume for the
19
moment I will make myself available when you can
20
schedule it.
21
22
23
MR. GOAD:
And I believe you said you're
not available Thursday?

HEARING OFFICER:
This Thursday I have a
24
case, a medical malpractice case.
25
schedule it.
Other than that,
Everything else I have I think I can

1651
1
move around and tinker with.
DR. GROSSMAN:
HEARING OFFICER:
DR. GROSSMAN:
I won't be your issue.
Do I have to be present?
Only if you care to.
What is the purpose of
this?
HEARING OFFICER:
The purpose of this,
remember, was to afford Mr. Stills the opportunity to
look at the files of the individuals in the health
Department.
We had a dialog about the files that
10
Mr. Ethington might have maintained or Mr. Tarlton
11
might have maintained, and Mr. Stills wanted the
12
opportunity to see them.
13
appearance, Dr. Grossman.
14
MR. GOAD:
That's a voluntary
And since there were some
15
30 state employees -- and I forget how many
16
Department of Health employees, perhaps about 20 -- I
17
would ask Mr. Stills to indicate which ones he would
18
like to -- whose files he'd like to see so we can try
19
to schedule that accordingly.
20
21
22
23
24
25
MR. STILLS:
That's a reasonable request.
I'll do that.
HEARING OFFICER:
Okay.
Other than that,
I don't think we have any other loose ends.

Mr. Spaanstra, Ms. Lucas, you want to give
me an argument?

1652
1
MR. SPAANSTRA:
No.
We'll defer until
December 4th or some point thereafter.
HEARING OFFICER:
MR. GOAD:
Mr. Goad?
Your Honor, we have no closing
other than to state that the department appreciates
all the information that has been submitted.
all been very interesting, and they will take it into
consideration when the time comes.
9
10
HEARING OFFICER:
13
14
15
I'd ask the two of you
and --
11
12
It's
DR. GROSSMAN:
I'd like to say something
short.
HEARING OFFICER:
going to start the clock.
DR. GROSSMAN:
Go right ahead.
I'm
Be forewarned.
Okay.
I'm going to repeat
16
what I said at the very beginning because it means
17
more to me now than it did before, and that is that I
18
want to thank everybody involved for the opportunity
19
to have become the only citizen that is a party of
20
interest in these proceedings.
21
invigorating and interesting and a demanding
22
experience, especially last night.
23
express my appreciation to Judge Dana, even though he
24
doesn't want to be a judge, and the lawyers for the
25
various interests.
It's been really
And I want to
They've been really accommodating

1653
1
and patient with this nonlawyer and even supplied him
with coffee and doughnuts and everything in the
morning.
I appreciate that.
But I want to let you know that I think
these proceedings need to concentrate on one thing,
and that's the mission statement of the Colorado
Department of Public Health and Environment since
they're the principal in this.
mission of the Colorado Department of Public Health
Let me state it.
The
10
and Environment is to protect and improve the health
11
of Colorado's people and the quality of its
12
environment.
13
We've heard the evidence now, and I've sat
14
here and listened very carefully.
15
questions.
16
this proposal is ready to go forward.
17
work.
18
involved are really sincere in the efforts that
19
they've made.
20
that.
21
me enough, I want to go back to this stigma thing for
22
a minute because I'm a potential interviewee.
23
I've asked
And this citizen is not convinced that

It needs more
And he's also convinced that all the parties
And I appreciate that, and I commend
And last, but not least, because you've heard
When I first came into this area, I
24
mentioned in my opening statement that I'd come down
25
through Unaweep Canyon, and I'd see that Uravan

1654
1
cleanup.
Superfund site because I'd done my due diligence on
my property.
was the fact that that thing was getting cleaned up.
If I'd known it would still be around, spewing stuff
around, I probably wouldn't have bought property
here.
8
9
And that scared me.
I knew it was a
And the only thing that kept me here
One of the great things about this area is

that you can see great distances.
When the moon
10
shines on the snows of Lone Cone, you can see that
11
for hundreds of miles.
12
The Indians used it, the pioneers used it, and I used
13
it.
14
view for hundreds of miles.
15
You'll see the smoke.
16
I'll tell you, if I was thinking about buying
17
property in Paradox Valley right now, I'd start
18
looking somewhere else.
It's a landmark in this area.
So this mill is something that will affect that

You'll see the lights.
You'll likely hear the noise.
19
Thank you very much for all of the
20
experience, this very interesting experience.
21
recommend it for all citizens.
22
only one.
23
HEARING OFFICER:
24
MR. STILLS:
25
And I
I'm sorry I'm the
Mr. Stills?
I'll be brief, Your Honor.
One of the things as we go forward out of this -- and

1655
1
first, I appreciate your patience in sticking through
this.
It is a gorgeous part of the country, and
we do have a nice mascot over your shoulder.
We've
had a long six days.
But the parties to this proceeding appear to have a
fundamental difference as to the purpose of this
hearing.
CDPHE takes the position it's a licensing
exercise.
It seems Energy Fuels shares that view.
We've worked hard through this.
10
We've laid out our view that this is a licensing
11
hearing for the first radioactive materials license
12
for a uranium mill issued in the current era.
13
regs are outdated.
14
place.
15
glove, tend to push forward.
16
The
The technologies are all over the
But still, Energy Fuels and CDPHE, hand in
We have no clarity on what the contents of
17
this application are, a complaint that we've had all
18
the way through.
19
application is, it hasn't been updated since 2010
20
when the RFIs were completed.
21
working on the project, although the application
22
appears to be based on their secret engineering
23
report that we haven't seen or that the public is not
24
able to see.
25
component of the process that Congress adopted under
As best we can tell, whatever that
CH2M Hill is no longer
Of course, the public is a huge

1656
1
the federal laws.
for the public, let alone the parties, to look at it.
We just don't have that ability
As we've heard evidence that's come in,
CDPHE and Energy Fuels openly admit fundamental
documents in this proceeding, -- the environmental
impact analysis and the environmental report -- lack
fundamental basic components and analyses.
department's regulations and Judge McMullen's
order -- and it's specifically Regulation
The
10
Section 18.4.1 that requires that the department
11
shall prepare a written analysis of the impacts of
12
the license activity on the environment which shall
13
be available to the public and for review by the NRC
14
at the time of this public hearing.
15
We don't have that here.
No review by the
16
NRC.
Instead of updating the EIA before providing
17
notice, CDPHE simply recycled a cookie cutter EIA
18
from 2010 similar to the way Cotter -- I'm sorry --
19
Energy Fuels used a cookie cutter approach from the
20
Cotter facility to prepare its materials.
21
this all in the briefing.
22
undermines Judge McMullen's order which speaks in
23
terms of the CDPHE providing a comprehensive
24
environmental impact analysis.
25
people who are assigned uranium mills who don't have
We'll have
But this entire strategy
Here CDPHE, the three

1657
1
the resources to carry out their work, have fallen
dramatically short of the standard.
infused with evidence of that.
The record is
And this is serious, deadly business.
My
client, Sheep Mountain Alliance, has members living
all over this region.
to be told that this is like an airplane ride.
has permanent consequences for the Paradox Valley,
for Telluride, for the region.
It's insulting and misleading

It
You've heard about
10
the unique, remote, inaccessible nature of Paradox
11
Valley.
12
record that the owner of the Bedrock Store didn't
13
want this mill even if it might benefit her
14
economically.
15
while ago.
We're going to show through evidence in the
16
Those are comments that came in a
You heard from people who were making
17
investments in this region.
Solar's coming in.
18
There's some rhetoric that flows from talking points
19
prepared by Energy Fuels.
20
people who live here, when they get off the script,
21
you hear about an emergent amenity economy,
22
especially from what Mr. Vostatek at the Paradox Inn
23
had to say.
24
coming up.
25
region.
But when you hear the
There's mountain biking.
There's things
There's people who want to invest in this
And I think that what we can see is on one

1658
1
hand, we have a sort of half baked, cookie cutter
approach to a uranium mill that's still built on the
economic mythology of the boom/bust economy.
doesn't meet the technical standards.
denied on that reason.
It
It could be
But the independent basis to deny this
also exists not just on the lack of good data and
good analysis on water supply and all the other
technical issues that we described and put expert
10
witnesses forward to talk about, but also the social
11
and economic attributes of this area.
12
area in all kinds of ways.
13
important historically.
14
economically except as an anchor tied around folks'
15
legs based on promises of a new boom in uranium
16
mining that has already went bust.
17
It's a special
Uranium mining is
It's not important
So we look forward to briefing this and
18
providing some guidance through the records to
19
support our views and our claims and our issues.
20
again, thank you for your patience and time.
21
special place, very much a special place.
22
think it's deserving of all of our respect and
23
consideration, and we look forward to yours.
24
you.
25
HEARING OFFICER:
And
It's a
And I
Thank
Mr. Sandler?

1659
1
MR. SANDLER:
Yes.
Thank you, Judge.
also would like to thank you, Judge, and thank the
folks there in Nucla.
apologize that I could not spend the whole hearing
with you-all.
I enjoyed my time there, and I
I'm going to keep this short.
I know that
everyone there's probably tired and ready to get out
of there.
and compliance with the law, the construction of this
Without the proper environmental analysis
10
mill is a great risk to our environment.
11
uranium mills and mines have led to serious
12
environmental problems, and we don't want to see the
13
same thing happen there.
14
Other
There are many unanswered questions
15
regarding the environmental report, EIA, and this
16
mill's impacts on wildlife species.
17
disheartening that Energy Fuels did not present
18
Archie Reeve, the wildlife biologist who worked on
19
this project.
20
there.
21
all the questions he could not.
22
through with this.
23
incapable of doing any work in support of natural
24
resource development?
25
of the mix?
It is
Frank Filas told us that he would be
Frank Filas told us that Archie would answer

They did not follow
Was it because Archie is
Why is Archie being kept out
Energy Fuels said he would testify.

1660
1
What else will they fail to follow through on?
There are many issues with the
environmental report and the environmental impact
analysis.
These will all be detailed in our written
statement.
Just briefly, the environmental report
and EIA were based on analysis of the wrong ecotones
present on this site.
and candidate species such as the Gunnison prairie
dog, Gunnison sage-grouse, Colorado hookless cactus,
Analysis of endangered species
10
endangered Colorado River fish, and the Piping Plover
11
were not done correctly.
12
lacking, or the surveys and analysis regarding these
13
species was incorrect.
14
analyze sufficient alternatives, cumulative impacts,
15
the effectiveness of mitigation measures, all issues
16
that should be analyzed before moving forward.
17
Either that analysis was
These documents fail to
The surveys done to determine how this
18
will affect wildlife species were also inadequate.
19
As an example, the surveys for the Colorado hookless
20
cactus were done at the wrong time of the year.
21
Surveys for the Gunnison sage-grouse were also
22
inadequate.
23
wintered there, yet all they did was go out on two
24
days in one winter and say they did not see any birds
25
or any castings from these birds.
We know the species has been there, has
It does not fit

1661
1
the bill.
Judge Dana, we ask you to find this
application inadequate.
building a uranium mill, the right issues must be
analyzed, and they weren't.
must be followed, and it wasn't.
this license should not move forward.
8
9
10
11
For something as serious as
HEARING OFFICER:
And the right process

For that reason,
Thank you.
We're done.
It's that
simple.
(The hearing concluded at 4:49 p.m. on
November 13, 2012.)
12
13
14
15
16
17
18
19
20
21
22
23
24
25

1662
1
STATE OF COLORADO)
COUNTY OF DENVER )
ss.
REPORTER'S CERTIFICATE
I, Janet Lee Priestley, do hereby certify
that I am a Registered Professional Reporter and
Notary Public within the State of Colorado.
I further certify that these proceedings
were taken in shorthand by me at the time and place
herein set forth, that they were thereafter reduced
10
to typewritten form, and that the foregoing
11
constitutes a true and correct transcript.
12
I further certify that I am not related to,
13
employed by, nor of counsel for any of the parties or
14
attorneys herein, nor otherwise interested in the
15
result of the within action.
16
17
18
In witness whereof, I have affixed my

signature this 30th day of November, 2012.
My commission expires October 29, 2013.
19
20
21
____________________________
Janet Lee Priestley
216 - 16th Street, Suite 600
22
23
24
25

A
abandoned 1636:20
abated 1404:20
abating 1595:23
ability 1463:23 1472:8
1529:25 1569:10
1576:14 1590:19 1607:3
1607:4 1608:5 1656:1
able 1420:10 1424:22
1428:3,12 1455:16
1459:5 1475:1 1477:16
1480:24 1482:25
1509:10 1515:2 1524:11
1528:12 1557:24
1560:18 1595:6 1596:18
1605:5 1609:15 1615:8
1615:10 1630:22
1655:24
above-entitled 1389:17
abruptly 1498:3
absence 1404:2
absolute 1487:18
absolutely 1403:10
1422:20 1481:1 1505:1
1515:14 1598:2 1604:5
1604:9
absolutes 1487:23
1500:17
abundant 1602:8
academic 1612:17,18
Academy 1581:11
accelerated 1544:22
1545:8 1573:8
accent 1600:5,6,7
acceptable 1438:22
1555:1
accepted 1572:24
1581:16,18 1630:18
access 1400:12,16
1444:16 1447:15
1454:24 1455:17
1511:12 1557:22
accident 1402:14
1403:24 1404:7,10,11
1404:15,16 1405:5
1406:15 1410:20,25
1412:19 1417:6 1443:8
1446:5 1500:16
accidents 1406:8 1410:9
1436:9,12 1445:1,6,16
accommodate 1420:23
1421:11 1422:3
accommodates 1421:13
accommodating 1652:25
accompanied 1427:1
accompany 1425:2
accompanying 1426:25
1434:18
accomplish 1572:14
account 1415:18 1417:9
1423:4 1424:21 1426:2
1426:21 1432:20 1435:4
1439:4 1441:17 1443:19
1470:24 1473:4 1475:18
1618:22 1631:21
1644:17,19
accounted 1441:11
1444:24 1484:14
accredited 1581:14
accumulate 1421:22
1439:19 1440:10
accumulated 1591:23
1593:8
accumulating 1438:15
accumulation 1437:18
accurately 1628:5
achievable 1495:12
achieved 1491:1
acknowledge 1623:11
acknowledges 1633:17
acquire 1490:22
acquired 1513:7
acreage 1597:6
acres 1395:22 1490:11
1532:21,23 1567:17,18
acronym 1562:13
Act 1511:5 1564:5
1613:22
acting 1489:8 1518:4
1536:8
action 1390:12 1411:24
1449:14 1495:15
1496:11 1567:25 1568:2
1662:15
actively 1491:3,3
activities 1413:8,14
1452:3 1496:14 1636:20
activity 1441:21 1492:15
1656:12
actual 1443:13 1453:25
1456:13 1482:24
1565:23 1636:5 1639:22
ad 1448:3
add 1447:13 1534:18
1571:23
added 1492:24
adding 1451:23 1535:19
1569:6 1572:13
addition 1494:21
1533:15 1552:12
1585:25 1613:8
additional 1397:12
1405:1,18 1441:13
1500:2 1521:7 1523:9
1523:21 1524:14
1525:16 1533:4,8,13
1537:16 1539:25
1540:25 1550:15
1621:20 1631:9 1648:7
Additionally 1437:20
1488:1 1492:17 1499:10
1524:4 1612:14
address 1399:24 1411:7
1438:21 1494:23
1495:18,23 1496:20
1498:21 1500:5 1502:8
1517:15 1522:7 1525:11
1526:10 1534:25
1579:24 1617:13 1623:9
addressed 1417:20
1448:2 1473:10 1495:1
1500:1 1527:23 1537:6
addresses 1413:8,14
1417:15 1454:25
1461:21 1623:7
adequacy 1407:13
adequate 1409:19 1410:1
1410:7 1497:6,11
adequately 1438:21
1439:22 1455:7 1488:2
1502:8
adhered 1509:14
adjust 1425:13
adjusted 1572:1
administration 1612:11
administrator 1493:5
admit 1476:16 1656:4
admitted 1393:2 1415:21
1427:9 1474:5,9,19
1516:13,14 1580:24
1617:6,7
adopted 1396:8 1541:8
1655:25
adopting 1538:22
adopts 1497:1,3
advanced 1538:25
1587:18
advancement 1596:10
adversarial 1449:18
adverse 1511:3
adversely 1529:22
adverseness 1630:2
advice 1468:10 1486:3,6
AERMOD 1420:14
1421:11 1422:1 1424:10
1437:23 1452:14
1473:20
affairs 1390:6 1444:21
affect 1436:23 1437:18
1448:14,25 1488:14
1529:23 1654:13
1660:18
affiliated 1467:3
affirms 1415:15
affixed 1662:16
afford 1651:7
afraid 1596:20
afternoon 1514:23
1599:5 1614:5 1617:18
agencies 1401:20 1405:5
1417:23 1448:4,20,25
1449:10 1453:23 1454:6
1454:11 1472:1 1615:19
agency 1417:19,22
1506:7 1585:1
aggressive 1530:10
aging 1544:22 1545:9
1573:8
ago 1415:9 1455:19,20
1478:17,19 1553:9,15
1558:11,22 1559:18
1586:17,17 1650:9
1657:15
agree 1422:6 1449:22
1452:5 1460:11 1478:14
1483:1 1485:10 1533:22
1534:12 1545:17
1552:19 1574:1 1630:4
1630:8
agreed 1399:9 1401:11
1420:21 1508:3 1526:2
1531:15,19 1534:22
1552:15,17 1647:21
agreement 1399:5,8

1401:12,15 1403:13
1411:15 1454:18
1461:17,24 1462:11
1463:11,12 1464:17
1466:12 1477:17,20
1478:1,21 1479:16
1480:15,17 1495:1,4,7
1495:25 1500:10 1501:7
1510:7 1552:14
agreements 1464:15
1467:9 1501:22
agriculture 1500:4
1613:7 1642:10
ahead 1414:6,7 1416:10
1504:17,18 1510:17
1511:16 1515:19
1562:13 1563:5,16
1565:24 1580:25 1599:1
1606:15 1611:20
1629:20 1652:13
aid 1404:2
air 1395:25,25 1396:1,18
1396:21 1420:13
1421:15,15,17,23
1424:14 1436:2,4,19
1437:22 1439:5,8,11
1444:3 1452:17,18,22
1452:22 1453:18
1469:15,19 1470:21
1471:18 1473:1,24
1474:14,15 1478:7
1491:7 1492:18 1494:4
1497:7,8,13,18 1498:1
1498:17 1504:8 1562:16
1564:5 1589:16,18,18
1613:22
airborne 1491:9 1499:20
airplane 1657:7
airport 1419:2,12
1457:21
air-to-air 1499:22
air-to-soil 1499:22
air-to-water 1499:23
alas 1480:16
algorithms 1497:20
alleviating 1555:17
Alliance 1390:14 1497:2
1508:1 1509:14 1580:10
1580:12 1607:14 1657:5
allocation 1612:24
allow 1485:17 1493:3
1551:23 1579:24
1611:16 1624:8
allowed 1530:16
allowing 1394:18
alluvial 1537:8 1552:1
alluvium 1550:7 1551:1
1551:10
aloft 1421:6
aloud 1528:6
Alpine 1494:2
alternate 1394:15,19
1552:22
alternative 1480:9
1537:14 1538:5,5
1539:13 1559:13
1561:10,19 1630:6
alternatives 1546:1,3,6
1630:19 1660:14
altitude 1419:13 1595:15
amazing 1451:4,5,7,7
ambient 1437:25
AMEC 1513:15
amenable 1447:17
amend 1397:11,14
1495:7
amenity 1636:15 1657:21
American 1612:11
Ames 1397:22 1405:20
amount 1399:15 1444:1
1444:15 1517:23 1518:3
1518:4,19 1525:19,20
1536:8 1542:13 1550:13
1551:8 1570:9 1571:25
1574:5,15 1575:3
1586:4
amounts 1438:14
1574:12
amplify 1525:15
analyses 1434:16 1458:1
1555:10 1613:14 1656:7
analysis 1419:10,15
1420:2,11 1423:6,15
1427:3,10 1431:14
1436:18 1438:5 1439:23
1441:18 1443:1 1447:17
1448:11,12 1450:19
1456:2,4,5 1470:20
1471:17 1472:24
1479:22,22 1480:1,2,11
1497:10 1499:4 1505:9
1603:6 1604:8 1614:7
1614:17 1615:24
1617:20,22,23,24
1618:5,21 1620:22
1622:5 1626:16 1628:12
1628:17 1630:10,10,15
1631:2,11,12,17
1632:23 1633:19,20,21
1635:22 1636:22
1638:10 1639:18 1656:6
1656:11,24 1658:8
1659:8 1660:4,6,7,11,12
analytical 1548:1
analyze 1395:12 1424:23
1456:2,6 1457:22
1552:8,10 1575:13,14
1660:14
analyzed 1407:14
1423:10,12,22,24
1477:3 1484:3 1499:10
1575:10 1604:4 1660:16
1661:5
anchor 1658:14
and/or 1496:8
Ann 1517:7
annual 1419:9,23
annulus 1601:15,16
answer 1413:20 1504:17
1504:18 1541:12 1542:6
1551:24 1556:23
1558:17 1629:18 1641:9
1641:12 1643:1 1659:20
answered 1406:5
1481:17 1557:5
answers 1487:17
anticipate 1407:23
anticipated 1530:10
1532:6
anticipating 1649:9
anybody 1458:1 1486:11
1493:15 1506:17
1510:25 1515:18
1557:13 1577:2,17
1591:12 1609:22
1622:13 1639:3 1647:10
anyone's 1407:13
anyway 1557:18 1590:25
1591:17
APCD 1436:19 1438:18
1438:19 1484:9
apologize 1659:4
apparent 1448:3 1493:20
apparently 1398:21,22
1402:20 1417:22 1419:4
1436:17 1444:6 1588:8
appear 1445:25 1500:13
1655:6
appearance 1586:19
1651:13
APPEARANCES 1390:1
1391:1
appeared 1431:10
Appearing 1390:7,14,18
1390:23
appears 1424:14 1436:10
1448:4 1449:16 1484:5
1655:22
appendix 1402:20
1413:6 1532:3
applicable 1403:19
1433:15 1465:9 1466:6
1478:23 1479:6 1603:1
1603:4
applicant 1449:18
application 1389:5
1393:5 1394:17 1395:14
1397:11 1398:4 1399:23
1399:24 1400:12,24
1401:9 1402:10,18
1403:12 1413:3 1438:20
1448:8 1454:21 1456:19
1457:2 1458:23 1494:22
1495:22 1496:22 1497:6
1497:8,10 1498:21
1499:3 1500:1 1505:5
1546:9 1579:4,16
1580:16 1585:5 1611:2
1611:5 1628:21 1655:17
1655:19,21 1661:3
applications 1402:25
1436:4 1520:2
applied 1474:8,22
1602:15 1632:15,17
1636:23
applies 1467:1 1547:5
apply 1449:11 1455:13
1484:13 1640:1
applying 1635:9
appointed 1418:1
appreciate 1423:19
1459:3 1469:8,11
1470:4 1473:18 1481:19
1503:19,20,23 1506:13

1511:14 1564:12 1600:4

1648:2 1653:3,19
1655:1
appreciates 1652:5
appreciation 1435:19
1652:23
apprentice 1467:16
apprenticeship 1464:1
1464:11 1467:14
approach 1423:3 1424:5
1627:1 1656:19 1658:2
approaches 1441:1
appropriate 1404:3,16
1421:3 1462:23 1502:22
1502:25 1508:5 1520:2
1537:18 1546:9 1566:19
approval 1466:7,9
1495:21 1496:21 1564:9
approve 1500:20
approved 1397:18
1491:6 1493:21 1497:16
approves 1397:3
approving 1417:19
approximately 1586:2
1634:18
April 1418:23,23
aquifer 1585:11 1586:23
arbiter 1389:1 1409:15
Archie 1659:18,20,22,24
Arctic 1494:1
area 1397:19 1405:3
1406:11 1418:25
1431:19,24 1435:8,21
1440:24 1441:23
1447:13 1472:3 1474:6
1474:12 1476:21
1477:10 1480:21
1482:20 1484:12
1532:22 1543:19
1551:13 1555:15
1576:11,19,23,24
1582:1 1585:8,22
1596:16,16 1619:18,21
1620:3,5,9,10,15,17,19
1620:23,23,25 1621:1
1622:2,4,11,11,23,24
1623:20 1625:15
1626:20,24 1627:17,18
1627:20 1628:8 1630:7
1631:5,10 1635:2
1640:12 1642:8 1644:25
1645:5,6,10,18 1653:23
1654:8,11 1658:11,12
areas 1409:20 1410:18
1425:23 1437:18 1446:3
1476:14 1478:23
1483:19 1492:19
1552:13 1569:12 1614:9
1629:14 1630:15 1631:1
1633:8,9
area's 1621:20
Argonne 1451:21,25
argue 1561:11
argued 1508:15 1531:12
argument 1509:23
1541:13 1611:16
1651:25
arguments 1496:24
1511:25 1580:1
argument's 1576:7
Arizona 1612:13
ARRA 1491:20
array 1466:14
arrive 1404:12
arrived 1477:20
arroyos 1591:8,12
article 1463:1 1464:25
1465:2 1467:17 1468:1
1478:17 1492:19 1496:4
1496:6 1545:13 1642:3
articles 1472:14 1526:19
1545:7
articulated 1534:5
asked 1397:20,21
1399:18 1402:6 1406:5
1418:3 1438:7 1462:6
1473:20,21 1475:7
1476:3 1477:14 1505:14
1557:5 1575:19 1624:15
1639:7 1640:6 1641:15
1653:14
asking 1445:24 1452:7,8
1458:4 1459:10 1464:20
1465:15 1466:20
1475:18 1501:14,16
1581:2 1621:3 1646:15
aspects 1417:24 1442:3,6
1448:14,25 1459:25
1469:16 1471:10
1516:25 1517:4 1542:3
1546:25 1610:7
Aspen 1632:10,20
1633:25 1634:6,8,10,12
1634:14,15 1635:22
1636:1,4,8
Aspen's 1632:4
asphalt 1408:11
aspirations 1490:8
assembly 1487:12
1489:9
asserted 1580:19
assertion 1449:15
1525:24
assess 1424:16,18 1440:1
1440:3 1582:22 1628:5
assessed 1404:16
1442:15 1484:17
assessing 1421:20
1613:4
assessment 1420:21
1421:25 1435:24 1436:6
1436:12 1445:1 1452:22
1475:9,12,16,17 1476:4
1527:21 1612:22
1619:25 1643:4
assessments 1613:18
1615:18
assessor 1629:2,7,17
assigned 1656:25
assist 1469:25
assistant 1390:22 1582:3
assisting 1468:24 1517:3
1517:4 1615:14
associate 1513:9
associated 1397:12
1400:13 1421:13 1423:9
1433:1,4 1443:25
1446:8 1459:19 1475:5
1488:5 1518:20 1532:4
1538:15 1554:12
1612:22 1619:5,9,17,19
1620:6 1621:17,22
1622:8,16,21 1623:4
1625:9,20 1626:20
1628:4,6 1631:4 1634:7
1641:9
Associates 1393:4
1513:8,13 1516:25
1552:25 1580:13
Association 1490:19
1584:24,25
assume 1407:4 1453:11
1489:21 1503:2 1556:15
1592:5 1597:5 1604:6

1650:11,18
assumed 1439:6 1519:5
1563:7 1597:3
assumes 1497:20
1565:12 1631:2
assuming 1397:2
1476:25 1592:8
assumption 1556:20
assurance 1541:17
1542:14,23 1567:1
astounding 1443:22
astrophysical 1583:24
atmosphere 1444:21
1448:19 1589:4,4
1595:14
atmospheric 1426:5
1442:21 1453:18 1460:4
1470:9 1588:23 1589:2
1598:6
Atomic 1511:4 1585:1
attached 1580:18
attacking 1442:12
attempt 1419:1 1528:14
1630:1 1633:10
attempted 1493:1
1555:20
attempting 1629:18
attempts 1447:1
attendance 1505:6
attended 1487:8,9
attention 1515:8 1526:16
1581:5
attest 1418:11
attorney 1390:21,22
1470:14
attorneys 1599:13
1662:14
attract 1623:20 1625:15
attracted 1441:24
attractive 1442:2 1556:25
1561:18,20,22
attributes 1658:11
August 1450:18 1480:3
1485:1 1497:22 1508:1
1509:13
auspices 1583:19
Australia 1513:11 1514:5
author 1609:13 1610:6
1610:23
authored 1514:10

authorities 1422:13
authority 1418:2 1449:8
1491:22
authors 1448:9 1611:7
1625:17
availability 1447:16
1493:12 1585:12
available 1410:24
1415:23 1420:1,1,5
1435:25 1436:1 1445:19
1446:6 1484:18 1508:16
1509:25 1533:17
1543:15 1550:4 1551:14
1552:10 1557:21
1573:12 1610:8 1642:11
1650:19,22 1656:13
Avenue 1390:10
average 1396:24 1400:4
1418:13,13 1424:15,16
1424:20 1425:5 1428:5
1428:22 1429:9,11,19
1429:21 1431:1 1432:23
1433:15,19 1434:2,22
1439:18 1475:4,5
1629:10,12 1632:9,11
1634:13
averages 1419:7,8
1474:25 1484:15
averaging 1428:11
avoid 1529:8
await 1650:12
award 1464:11
aware 1396:22 1420:4
1425:1 1475:11 1477:20
1477:22 1502:18 1506:6
1510:23 1519:2 1526:10
1543:17 1563:18,20
1614:12,16,20 1643:1,2
1643:3 1646:4
awesome 1489:20
awful 1435:7 1445:24
azimuth 1422:7
a.m 1389:19 1427:24,24
1469:4,4
B
B 1408:17
bachelor 1612:8
bachelor's 1512:20
back 1397:13 1413:19
1423:16 1425:15
1429:12 1433:21 1434:9

1435:5 1436:20 1442:11
1449:21 1464:20 1471:7
1471:24 1473:15 1507:5
1507:11 1508:24
1512:13 1522:25
1534:21 1539:17
1540:13 1542:1 1558:10
1568:12 1571:3 1596:6
1606:25 1608:17
1611:14 1628:1 1637:15
1637:25 1647:12 1650:9
1653:21
background 1405:3
1512:19 1571:2 1581:4
1581:9 1607:5 1612:7
1613:12
back-and-forth 1449:23
back-dooring 1510:11
bail 1604:9
baked 1658:1
Baker 1390:2 1450:24
balance 1532:4,9
ball 1439:13 1572:23
1575:17
balls 1531:20 1570:6,8,10
1571:7,18,21,23 1572:1
1572:8,12,13,20,25
1575:21 1576:4,15
banks 1613:19
bar 1589:3
Barnes 1392:9 1481:21
1481:23 1486:17,19,22
1487:4,23 1506:19
barrier 1526:21 1527:6
1527:24
Barriers 1527:22
base 1481:13
based 1421:22 1444:17
1444:22 1448:17
1469:14 1470:8,19
1487:24 1488:3 1500:8
1503:6 1508:20 1511:4
1520:19 1521:21
1527:17 1528:2 1532:15
1536:23 1540:9 1544:20
1545:10 1546:14 1548:7
1549:14 1557:23 1558:1
1586:16 1587:23 1620:3
1621:2,24 1623:14
1625:6,16 1628:25
1629:5 1630:11 1634:19

1655:22 1658:15 1660:6
baseline 1391:2 1397:10
1492:4 1493:2
basic 1403:21 1418:18
1470:10 1557:14,18,19
1656:7
basically 1415:24 1474:4
1487:16 1496:2 1501:21
1502:15 1509:6 1526:18
1544:23 1554:17
1565:12 1567:11 1627:6
1633:1
basin 1408:11 1436:24
1438:25 1481:16
basis 1400:9 1471:17
1501:11 1528:13 1572:2
1617:21 1649:8 1658:6
beach 1476:8,13,19
1477:1 1484:22 1571:10
1571:15,16
beast 1559:3
beautiful 1489:25
beauty 1441:24 1489:17
becoming 1498:23
bed 1402:2
Bedrock 1471:8 1639:4,7
1639:15 1657:12
beef 1446:9
began 1491:2 1552:21
beginning 1389:19
1415:7,8 1453:2
1652:16
behalf 1390:7,14,18,23
believe 1400:11 1403:17
1412:21 1438:24
1446:17 1450:17
1451:10 1452:15
1457:21 1459:17 1462:7
1477:8,24 1479:20
1483:23,25 1484:7
1495:22 1497:5,10
1499:25 1507:14
1510:15 1518:8 1526:17
1530:6 1536:15 1537:9
1540:10 1541:10
1542:16 1545:20
1557:21 1562:22 1575:7
1589:25 1603:18
1605:17 1608:14
1609:22 1616:16
1620:21 1622:17 1626:2

1649:11 1650:21
believed 1617:20
believes 1618:11
belts 1535:19
beneath 1523:21
benefit 1488:12 1618:21
1657:13
benefits 1524:7 1569:9
bentonite 1529:21,25
1530:2
berms 1576:14
best 1428:2 1446:20
1447:18 1474:23 1478:6
1484:24 1487:19
1500:18 1536:4,17
1540:7,16 1543:2
1581:5 1642:1,22
1655:18
bet 1458:15
better 1395:21 1436:14
1447:16 1489:22
1520:10 1522:21,23
1526:24 1534:7 1540:3
1540:24 1541:7 1543:2
1543:5 1553:23 1560:18
1561:25
beyond 1422:25 1498:6
1510:6 1523:10 1524:24
1525:17 1541:22
1553:20 1569:11
1633:19 1646:16
big 1401:17 1442:9
1460:6,18 1483:11
1575:17 1589:1 1594:1
1645:6,17
bigger 1400:17 1419:12
biking 1657:23
bill 1661:1
binding 1477:21
Biological 1390:19
biologist 1659:18
bird 1531:3,10,12,15,20
1531:20,25 1532:5,10
1532:17 1534:22 1535:3
1570:6,8,10 1571:6,18
1571:21,23,25 1572:8
1572:12,13,23,25
1575:17 1576:4
birdbath 1483:8
birds 1432:10 1531:22

1570:7 1660:24,25
bit 1408:10 1417:13
1418:2 1429:1 1433:18
1440:7 1450:13 1451:14
1454:17 1488:18
1491:13 1505:10 1521:3
1525:15 1533:2 1542:15
1550:23 1565:25
1621:14 1624:17
1640:16
biweekly 1496:6
black 1430:7 1467:18
1474:20 1524:12
1548:22 1568:22 1569:4
1569:14
Blanding 1629:4,14
blank 1402:21 1479:18
blew 1430:15 1531:5
BLM 1615:19
blocked 1435:14,14
Bloomstran 1609:12
1615:2
blowing 1434:21 1484:1
1595:23
blown 1576:8 1589:18
boaters 1489:19
bodies 1404:19 1590:25
1591:3
bond 1397:21 1398:5
1500:8
bonding 1405:18
book 1527:19,22 1528:1
1555:23
bookkeeper 1490:5
boom 1658:15
booms 1441:23
boom/bust 1658:3
bootstrapping 1509:7
bore 1585:25 1586:3,20
1587:4 1589:5 1597:24
1598:3 1600:8,9,12,14
1600:23 1601:11
borings 1593:20
bothering 1646:11
bottom 1523:21 1550:14
1567:6 1587:10,22
1592:2
bought 1654:6
Boulder 1391:3
Boulevard 1390:6
boundaries 1585:10
boundary 1421:5,14
1432:13 1586:22
box 1390:13 1474:20
1548:22
Bozeman 1612:19
branch 1449:4
branding 1445:21
break 1414:5 1427:25
1456:13 1458:9 1502:13
1502:20,24 1503:1,4
1507:2,11 1600:2,3
breaks 1599:21,23,24,25
BREEZE 1437:23
brief 1654:24
briefing 1656:21 1658:17
briefly 1422:15 1432:19
1513:14 1514:9 1516:20
1570:25 1619:16 1660:5
briefs 1648:15
brine 1582:21,21
bring 1412:14 1450:2
1508:17 1510:15
1526:15 1609:16
1645:21
bringing 1610:8
broader 1631:10
broken 1415:24
brought 1442:14 1447:20
1458:18 1484:11 1515:8
1606:19 1607:12
1626:15
budget 1481:2 1490:3
1618:21
Buena 1583:10
build 1400:16 1642:7
building 1442:24 1504:2
1661:4
buildings 1443:6
build-out 1491:25
built 1407:19 1488:24
1493:4 1658:2
bullet 1411:20 1412:5,9
1412:17
bullets 1411:25 1462:2
1478:16
bunch 1403:5
burden 1441:15 1508:22
1511:5
Bureau 1642:9
bureaucracy 1408:25
1449:5
business 1406:22
1449:10 1502:4 1612:11
1623:8,15 1625:11,15
1639:15 1642:10
1643:20 1657:4
businesses 1623:20
bust 1658:16
buyer 1406:21
buyer's 1406:23
buying 1654:16
byway 1441:4,6
B-a-r-n-e-s 1486:23
C
C 1390:12 1394:1
cactus 1660:9,20
calculate 1444:17 1593:6
calculated 1418:18
1423:9
calculates 1422:2
calculation 1421:19
1423:7 1483:5 1565:11
calculations 1526:23
calendar 1496:7
calibrate 1532:9
California 1613:10
call 1406:17 1407:2,2
1430:20 1439:5 1508:6
1508:13,14 1510:19,22
1579:11 1597:25
1607:22
called 1410:23 1419:16
1424:2 1430:12 1487:8
1493:12 1508:8 1556:6
1556:15 1578:18
1586:12 1588:24
1607:23 1612:20
1619:25 1623:17
1645:20
calling 1507:20,21
1577:23
calls 1650:14
calm 1432:13 1434:21
CalPuff 1423:4
Canada 1514:5
candidate 1420:25
1424:23 1660:8
Canon 1633:6 1639:25
canyon 1419:11 1442:9
1458:24 1491:16 1495:6
1653:25
cap 1564:6 1574:5

capability 1410:8
1427:18 1430:18
capable 1404:11 1435:2
capacity 1505:18 1568:3
capital 1565:8
caps 1555:7,9
captured 1440:4
carbon 1490:24
care 1407:5 1410:2,8
1502:3 1544:7 1568:6
1651:3
career 1513:5
careful 1480:6
carefully 1413:20
1500:22 1561:16
1653:14
Carolina 1623:18
Caroline 1393:3 1451:2
1580:11
carried 1494:19
carrier 1404:5 1412:3,6
carry 1657:1
carrying 1445:5 1463:15
cars 1445:2
case 1400:18 1406:17
1410:19 1421:16,23
1428:4 1433:16 1434:24
1438:1 1464:1 1481:15
1497:24 1500:11 1506:5
1508:22 1509:8,15
1518:22 1522:9 1531:9
1557:22 1558:9 1562:22
1572:3 1607:6 1610:5
1650:24,24
cases 1410:14 1433:8,8
1433:24 1434:6 1481:15
1520:21,22,24 1521:1
casing 1601:17,18,20,24
1602:16
castings 1660:25
casual 1432:1
catastrophic 1431:8
catch 1423:21 1438:12
category 1538:16
cattle 1645:18
cause 1416:13 1422:9
1578:11 1587:25 1588:7
1602:16 1611:23
caused 1589:10
causes 1503:9

causing 1435:2
CDC 1476:1
CDOT 1443:23
CDPHE 1394:18 1397:3
1397:8,21 1399:14
1417:22 1418:6 1437:22
1446:17 1449:16 1452:3
1454:22 1471:24
1477:21,23 1488:1
1490:21 1491:23
1493:11 1496:7,12
1497:17 1498:20 1499:5
1500:25 1501:6,25
1505:9 1533:12 1535:1
1552:7 1553:11,14
1557:21,24 1618:2
1655:8,14 1656:4,17,23
1656:24
CDPHE's 1395:2
1456:17 1497:19
cell 1457:3 1459:18
1523:21 1539:15,18
1540:4 1543:25 1546:17
1563:22,23 1564:1
1568:15 1570:7 1576:16
cells 1459:16,24 1460:12
1460:16 1482:19
1532:23,25 1546:22
1547:5,13 1548:17
1557:4 1570:6,10,12,18
1573:18,22,23 1574:19
1574:22 1585:20
1596:14
census 1632:13,20
1642:9,10
Center 1390:10,18
1612:19,21
centimeters 1519:8
1565:19,19 1566:8
1592:10 1593:1,2
certain 1495:9 1542:3
1588:15 1591:23 1597:1
1597:5,14,15 1598:2,2,5
certainly 1397:11 1409:9
1465:11 1483:4 1487:5
1510:5 1512:20 1513:3
1513:22 1514:10
1516:22 1517:17
1518:17 1520:22
1529:13 1530:15
1531:18 1534:4,12
1535:1 1543:12 1558:18

1594:16 1604:11 1643:2
1644:19 1645:1
certainty 1533:25 1536:1
1536:12,16 1562:22
1575:8
CERTIFICATE 1662:2
certified 1412:12
certify 1662:4,7,12
cetera 1418:20
cfs 1565:4
chair's 1414:9
challenged 1420:8
chance 1469:10 1478:20
1512:12
change 1630:9,13
changes 1605:4
changing 1633:25
channel 1525:21
character 1428:6,18
1429:24 1430:6 1445:8
characteristics 1425:8
characterization 1407:8
1546:14,15 1582:1,20
1584:1 1585:8
characterize 1417:3
1473:11 1550:21
1585:19,24 1600:15
characterizing 1558:11
charge 1446:15 1511:6
charged 1417:23
chart 1447:4 1453:22
1454:10 1538:14
charts 1538:9
chatted 1650:8
cheaper 1450:4
checked 1457:13
chemical 1443:10
1549:10
chemistry 1548:11
1549:9
cherry-picked 1636:14
1636:18
cherry-picking 1528:10
Chicago 1583:21
children 1489:1,23
Chmura 1623:16
choice 1626:14
choose 1495:7 1561:24
1648:14,14
choosing 1561:1
chose 1493:22 1495:3,20

1508:25
chosen 1560:20
chunk 1460:6
CH2M 1554:1,2 1557:8
1557:13 1655:20
circuit 1548:8,18 1549:1
1549:2,23
circulate 1621:19
circulated 1415:6
circumstances 1447:19
1476:14
cite 1456:13
cited 1395:5 1633:1,2,3,4
citing 1592:2
citizen 1409:16 1416:1
1437:1 1438:8 1444:22
1447:3 1448:13 1449:16
1450:17,20 1457:25
1473:8 1652:19 1653:15
citizens 1403:2 1436:17
1438:17 1457:12,24
1654:21
citizen's 1438:13,13
1445:14
City 1621:6 1633:6
1639:25
civil 1512:23 1514:19
claim 1444:20
claims 1488:10 1658:19
clarification 1519:12
clarify 1394:16 1411:3
1415:5 1521:17 1544:9
1580:9 1618:15
clarifying 1473:19
clarity 1411:16 1550:12
1655:16
class 1489:5 1492:19
classify 1590:3
clay 1519:2,3,5,6 1520:1
1520:1,4,7,10,11,24
1521:5,12,15 1522:15
1522:24 1523:1,1,2,5,6
1524:17,18,21 1527:12
1529:21 1538:7 1544:8
1565:18 1574:14
clay-only-liner 1538:5
Clean 1564:5 1613:22
cleaned 1408:15 1654:4
cleanup 1405:2,2
1406:19 1407:12
1408:18,24 1654:1
cleanups 1500:11
clear 1438:7,8 1439:7,11
1449:11 1493:15 1520:7
1642:6
clearly 1402:25 1411:22
1450:18 1522:3,11
1532:2 1554:11 1629:7
1632:11 1634:6
clerk 1481:4 1488:20
client 1657:5
clients 1513:24
climate 1416:25 1418:12
1418:22,25 1419:25
1438:22 1447:12
climatic 1551:6
clock 1652:14
close 1430:9 1434:7
1436:22 1438:7 1445:9
1449:17 1480:19
1606:21 1629:4 1632:10
1635:25
closed 1402:3 1509:17
1610:5
closest 1421:17 1635:2
close-knit 1490:6
closing 1392:23 1652:4
closings 1647:21 1648:12
closure 1573:18,21
1574:4,13,20 1575:1,3
1577:8,10,14
Clyde 1513:6,6
Coalition 1390:19
1494:3
coal-fired 1494:8
coastal 1613:6
coating 1524:6,10,13
1540:2 1569:3,5,7,12,14
coauthored 1514:10
code 1620:23,24 1621:1
1622:22 1631:5 1641:21
1641:22,23 1642:5,13
coffee 1447:7 1653:2
cogent 1649:19
coherent 1449:7
cold 1607:5
colleague 1525:21
collect 1547:25
collected 1598:8 1605:3
collecting 1600:24
collection 1489:10

1518:2 1522:14 1536:7

1539:22 1567:15 1568:3
1569:20 1590:4
colleges 1613:9
colon 1465:22,23
color 1569:25
Colorado 1389:21,25
1390:4,7,11,13,17,19,23
1390:24 1391:3 1408:9
1409:3 1416:2 1417:18
1441:3 1443:23 1454:23
1457:6 1488:22 1490:5
1491:5,22 1492:17
1494:5 1513:4,16
1516:5 1583:7,8
1584:24 1610:13
1613:17 1631:24
1632:21 1634:10,12,13
1636:9,13,15,19 1653:6
1653:9 1660:9,10,19
1662:1,6,21
Colorado's 1494:1
1653:11
colorful 1504:21
combination 1556:7
come 1400:7 1414:14
1440:12 1447:22
1453:25 1501:10,17
1502:2 1503:10 1508:24
1528:24 1529:1 1588:18
1589:13 1595:17 1596:6
1598:19 1626:9 1631:16
1637:5 1640:3 1644:24
1645:16 1649:7 1653:24
1656:3
comes 1432:17 1548:7,15
1548:16,19 1551:9
1569:4 1648:24 1652:8
COMET 1426:3
coming 1416:21 1441:2
1481:19 1503:19
1512:13 1530:22
1546:19 1549:1,15,19
1642:9 1657:17,24
comma 1420:2
commend 1653:19
comment 1418:8 1458:17
1472:19 1493:10 1521:8
1531:17,18 1543:4,20
1548:23 1549:4,24
1550:11,20 1556:19
1568:14 1571:16 1572:6

1572:11,22,23 1575:8
1576:10 1641:15
1647:13,23
commented 1456:24
1529:14
comments 1493:17
1497:19 1500:23 1504:7
1505:14 1516:3 1517:11
1563:21 1570:4 1647:25
1648:6,8 1657:14
commission 1451:19
1618:2,17 1662:18
commissioning 1464:8,9
commitment 1472:15
committed 1409:10
common 1444:22
1498:23 1602:11
commonly 1419:21
communicate 1650:18
communicated 1410:6
communication 1408:22
1614:20
Communications
1390:5
community 1487:7,15,16
1488:22 1489:6,10
1490:2,7 1500:17
1504:1 1623:15 1625:11
compacted 1527:12
companies 1615:14
company 1491:18
comparable 1629:13
compare 1419:1 1541:20
1543:10 1561:23
1630:16 1632:4
compared 1632:20
1634:10,12 1635:5,24
compares 1519:6
1565:17
comparing 1630:25
1631:23 1633:13
comparison 1419:5,6
1633:11,12 1636:13
comparisons 1417:1
1493:3
compatibility 1529:15
1529:18,20 1530:3,9
1548:6,10 1549:11
compelling 1395:19
compensated 1472:11,12
1472:13
compensation 1614:13
competency 1547:18
competing 1631:15
compiled 1419:17
complaint 1655:17
complete 1462:4 1530:25
1534:2 1535:25 1572:15
1572:17
completed 1405:3
1512:25 1513:3 1533:20
1564:1 1612:14 1616:19
1624:12,13 1628:15
1655:20
completely 1431:13
1485:1 1531:5
completion 1524:1
1566:25 1602:8
complex 1420:18,24
1421:11 1431:17
1448:18,21 1449:13
1474:9,13,14,15 1479:2
complexified 1479:1
complexifies 1467:9,11
1467:24
complexify 1479:10
complexity 1453:5
compliance 1465:8
1466:5,14 1659:9
comply 1613:22
component 1521:15
1564:8 1655:25
components 1544:15
1548:24 1656:7
composite 1517:24
1520:8 1521:6,8,10,25
1522:16,21,22 1526:23
1527:1,8 1538:6,8,10
1540:15 1544:7,13
compound 1555:25
comprehensive 1447:1
1497:11 1656:23
comprised 1489:6
compromise 1485:24
computer 1414:11
1637:12
computers 1424:5
concentrate 1653:5
concern 1409:13 1436:17
1438:13,14 1455:23
1461:9 1463:3,7 1473:6
1473:7,8,12 1493:9
1500:6 1505:3 1529:19
1529:22 1534:23
1555:17
concerned 1407:3
1409:16 1416:24 1417:2
1460:3 1487:14,17
1491:8 1495:9 1498:17
1499:17 1505:6 1546:24
1551:11 1572:24 1607:7
concerning 1471:19
1478:7 1488:13 1489:25
1515:9 1546:11 1557:14
1561:25 1599:13
1614:17,21 1625:8
1627:20 1628:22 1637:8
concerns 1409:24
1453:21 1461:22
1483:12,23,25 1487:7
1500:1,2,7 1501:7
1602:22
concluded 1507:11
1526:4 1648:6 1661:10
concludes 1648:11
conclusion 1452:7,9
1466:21 1475:19,23
1522:2,7 1528:1
conclusions 1419:6
1618:8 1625:18 1626:25
1627:7,20 1637:5
1643:16 1648:17
concurs 1498:20
condition 1426:7
1550:22 1552:2
conditions 1416:23
1417:3 1422:4 1425:22
1428:3 1431:8 1432:14
1434:12,14 1435:10
1443:11,13 1445:12
1446:9 1466:7,8
1482:16,21 1483:12
1484:1 1498:8 1552:1,4
conducive 1560:23
conduct 1496:11 1509:16
1603:6 1615:20 1632:8
1643:17
conducted 1483:21
1505:9 1530:3 1544:21
1582:16 1603:16 1604:7
1612:23 1613:2,18
1631:12

conducting 1613:14
conductive 1523:23,24
1540:1 1542:17,18
conductivity 1530:21
conducts 1615:17
Cone 1645:22 1654:10
conferencing 1408:22
confirm 1533:12
confused 1453:2 1485:4
confusing 1424:8 1447:4
confusion 1446:14,16
1454:14
Congo 1512:13
congratulate 1450:16
Congress 1655:25
connected 1450:25
consequence 1589:23
consequences 1473:1,1
1474:19 1657:8
conservation 1490:9,12
1490:18,19
conservative 1530:11
consider 1453:17
1500:22 1516:17
1587:12 1593:2 1596:22
1648:15 1649:20
considerable 1461:12
consideration 1480:22
1483:4 1622:5 1652:8
1658:23
considered 1443:20
1446:21 1563:19
1587:15 1597:1 1601:9
1645:9
considering 1538:21
1613:19
considers 1499:2,22
1564:5
consistently 1494:6
consists 1539:21
consolidated 1558:22
Constance 1585:14
constituents 1549:10
constitutes 1662:11
construct 1491:21
1532:24 1574:20
constructed 1409:6
1491:7
construction 1397:22
1405:20 1444:10 1659:9
consult 1457:4 1535:2
consultant 1420:16
1431:22 1476:18
consultants 1513:6
1515:1 1550:10 1633:5
consulting 1513:17
1515:9 1531:20 1582:5
1585:15 1605:17 1619:9
1619:13
Consulting's 1515:1
1516:3
consumed 1499:21
contact 1404:6 1409:3,8,8
1517:21 1520:6,10
1523:6 1557:13 1594:12
1596:4 1603:10 1604:21
contacted 1404:9 1454:7
contain 1403:20 1435:12
1560:19 1628:20
contained 1480:9 1534:7
1588:14 1626:2 1631:5
containing 1402:4
containment 1496:5
1516:3 1527:22 1534:15
contains 1402:10
1403:13 1434:22
contaminant 1496:13
1526:21 1547:20,23
1593:7,17
contaminants 1527:3
1551:10
contaminate 1491:11
contaminated 1483:19
1490:2
contamination 1500:13
1543:18 1591:6
contemplated 1511:17
content 1554:17
contents 1655:16
context 1448:22 1452:17
1454:5,24 1472:17
1484:7
contiguous 1590:25
1591:3
continent 1498:12
continental 1498:7
contingency 1532:12
continue 1510:4,6
1519:22 1578:17 1582:6
1594:2
Continued 1391:1
1393:1
continuous 1556:6,15,22
1590:24 1595:16
continuously 1517:2
continuum 1590:24
contract 1407:18,20
1491:18 1493:4 1552:25
1614:16,22,24
contractor 1407:17
1410:20 1412:8,8
1483:1
contractors 1400:7
1407:16 1620:12,25
contracts 1407:23
contrary 1488:11
contrast 1596:21
contrasted 1526:11
contribute 1555:16
contribution 1488:3
control 1395:2,25
1396:17,18 1404:21
1436:19 1437:22
1452:17,22,23 1461:12
1541:17 1542:9,14,23
1555:14
controlling 1497:7,7
1526:25
controls 1396:14
controversy 1595:3
convene 1449:6
conventional 1395:20
1554:22 1555:17
conversation 1604:25
1650:2
convert 1420:7,9
converted 1491:15
convinced 1653:15,17
cookie 1656:17,19
1658:1
cooperating 1506:7
cooperation 1511:14
coordinated 1409:11
1494:3
copacetic 1479:15
copies 1528:18
copper 1581:23
copy 1414:19,20,21
1422:19,21,22 1461:24
1462:21,23 1510:8
1516:8 1611:9 1624:14
1637:22
copying 1447:15
corners 1498:11
corporation 1488:13
1513:7
correct 1395:8 1396:22
1399:6,7,12,16,17
1405:20 1406:9 1407:6
1407:8,25 1413:1,9,15
1416:9 1444:16 1449:15
1451:1,12,20,21 1452:3
1452:18,19 1456:3
1458:20 1460:10 1463:8
1463:9,17 1466:25
1469:16,17,21 1470:11
1470:22,23 1471:19
1472:3 1473:17 1474:16
1476:9 1477:4 1478:8
1479:24 1480:3 1482:15
1485:3 1486:8 1490:25
1504:3,3 1505:4 1506:9
1507:13,16 1515:13
1516:6 1517:8,9
1521:19 1525:13,14,25
1529:16 1530:15 1537:4
1538:1,18 1540:6
1541:9 1542:24,25
1543:3,8,11 1544:17,18
1545:4,5 1546:2,12
1547:6,14 1548:22
1549:3,15 1551:2,18
1552:9,16 1557:11,15
1557:25 1559:6,15
1560:15 1561:10,25
1562:8,20,21 1563:24
1564:9 1565:10 1568:25
1571:7,19 1577:9,14,15
1591:4,13,19 1595:20
1599:6,10,11,14
1600:11 1601:8,9
1602:21,23 1603:3,8
1604:15 1605:6 1614:7
1615:3,8,12,13,15,24
1627:8,12,21,24
1628:10,23 1630:7,12
1630:24 1632:6,23
1636:17 1637:5 1638:21
1639:5 1640:7,12,17
1662:11
correction 1496:11
corrective 1495:15
correctly 1407:12 1504:9
1514:8 1573:6 1660:11

correspondence 1426:10
corresponding 1589:7
corruption 1567:5
Cortez 1644:23 1645:3
cosmic 1583:25
cost 1618:21
costs 1516:4
Cotter 1656:18,20
Cotter's 1633:6
couched 1478:15
Council 1526:15 1527:20
counsel 1496:17 1528:22
1624:16 1648:8 1649:18
1662:13
counsels 1511:14
counter 1531:24
counters 1455:10
counties 1409:18
1410:14 1440:20
1464:14 1467:8 1481:14
counting 1514:8
country 1418:16 1490:10
1581:15 1655:3
county 1396:24 1397:14
1399:6 1401:13 1409:16
1409:17 1410:16
1416:17 1437:10,12
1454:19 1463:13,19,20
1463:23 1464:7,9
1465:6 1466:8,13,22
1467:2,4,7 1468:3
1477:16,19 1478:21
1479:8,9 1489:6 1492:4
1495:2 1496:1 1501:15
1516:5 1619:8,13
1620:20,20,24 1621:9
1629:1,2,3,7 1631:6,8,8
1642:10 1645:1,2,3,9
1662:3
couple 1405:15 1420:3
1435:10 1461:25
1475:15 1478:17,18
1500:7 1503:12 1515:4
1524:7 1526:16 1552:19
1558:13 1570:4 1598:22
1626:4 1635:19 1650:9
course 1461:15 1468:23
1511:10,15,25 1513:20
1513:20 1520:25 1553:8
1553:14 1554:3 1655:24
courses 1613:9
court 1403:4 1418:8

1469:2 1518:11 1519:10
1581:6 1637:18 1649:4
courtesy 1469:2
cover 1395:21 1402:5
1476:15 1554:25
1555:12,16 1556:6,16
1556:22 1571:9,15,19
1571:22,23 1572:8,9,12
1572:15,17 1574:4,13
1574:21 1575:1,3
1577:8,11,13 1608:16
1609:3 1610:11
covered 1402:1 1410:10
1410:13 1417:13
1421:25 1476:9 1477:1
1569:13,16
covers 1406:8 1464:17
cowboy 1434:13
cows 1645:21 1646:11
co-extruded 1569:4
co-op 1419:4 1457:11,12
1457:15
cracks 1408:20
Craig 1420:16
create 1576:17 1621:20
created 1618:25 1626:7
creating 1525:9
credentials 1448:9
credit 1555:21
creek 1408:11 1491:11
Crescent 1558:4,6,9,25
1560:3,5 1561:4,17,17
crew 1445:15,25
criteria 1432:23 1434:5
1466:10 1530:20
critique 1447:17
cross 1450:6 1519:14
1594:19
cross-examination
1392:7,8,8,10,11,14,14
1392:15,18,18,21,22
1420:15 1438:2 1450:9
1469:6 1474:4 1475:21
1482:2 1501:4 1503:15
1511:4 1531:5 1535:12
1551:23 1564:23 1571:4
1595:1 1599:2 1627:4
1640:22
cross-examine 1511:6,7
1529:3 1607:15
cube 1426:18 1436:10

cubes 1565:4
cull 1433:16
culled 1432:22
cum 1512:22
cumulative 1440:5,6,18
1471:1 1660:14
cup 1598:1
curious 1564:25
current 1394:16 1412:6
1487:25 1532:15 1539:1
1577:13 1614:16 1622:1
1655:12
currently 1460:19
1489:12 1491:23
1513:18 1521:4,20
1532:21 1562:9
cursorily 1447:11,11
cursory 1457:23
curtailment 1495:13
Curtis 1390:5
curve 1430:6,13
cut 1516:15
cutter 1656:17,19 1658:1
cuttings 1589:17
CV 1514:6 1578:25
1608:16
cyanide 1521:9,11,17
1544:7
cycling 1569:22
D
D 1390:3 1392:1 1393:1
1394:1
daily 1436:7 1462:3
1478:16
Dakota 1583:19
Dallas 1644:5
damage 1424:13,18
1435:2 1488:1 1502:6
1503:10
damaging 1488:2
damn 1644:7
Dana 1389:18 1463:25
1500:21 1652:23 1661:2
dang 1430:9
dangerous 1410:3
1441:8 1446:2
Daniels 1390:2 1420:10
1450:24
dark 1570:1
data 1416:24,25 1418:22

1419:9,19,24,25,25
1420:4,9,11 1421:2
1424:15 1429:15
1432:22 1434:20
1443:13 1447:16 1457:2
1459:2,11 1474:21,22
1484:18 1493:3 1546:11
1552:10 1626:24
1628:20,21 1632:20
1636:5 1638:3,5,7,9,15
1642:6,9,12,23 1658:7
date 1436:3 1479:16,17
1488:9 1504:3 1609:24
dated 1526:20 1605:17
dates 1509:12,13,13
1510:6
day 1396:2,5,7,10,15,25
1397:6,18 1400:15
1428:14 1441:14 1443:5
1444:4 1445:22 1446:18
1450:14 1469:10 1483:9
1504:5 1509:17 1517:11
1532:16 1552:23,24
1577:2 1662:17
days 1430:2 1435:11
1441:15 1463:24
1468:24 1478:17
1498:14 1509:3 1530:19
1587:21,21 1589:11
1595:24 1596:1,6
1598:5 1607:3 1649:15
1650:9 1655:5 1660:24
daytime 1435:9
dead 1409:22
deadly 1657:4
deal 1545:18 1547:14
1556:8,16 1606:24
1649:23,24,25
dealings 1615:6
deals 1463:1
decades 1442:19 1457:4
1459:12 1490:14
1544:16
December 1489:13
1509:4 1605:17 1648:18
1648:21 1649:13 1652:2
decide 1648:24
decided 1559:19
decision 1418:2 1424:13
1488:14 1617:25

decisions 1480:8
1612:25 1613:6
decision-making 1645:7
decommissioned
1495:20
decommissioning
1460:15
decrease 1531:13,16
1570:9,15
decreased 1531:12
decreases 1517:22
1518:3
dedicated 1490:15
deep 1409:21 1445:9
1473:6,7,8 1533:13
1583:17 1591:18
1602:23 1603:2,7,17
deeper 1596:4
defect 1524:10 1569:15
defects 1517:20 1524:2,9
1525:20 1535:18,21,22
1535:24 1536:2 1569:11
defer 1496:23 1652:1
deferring 1594:23
1650:5
deficiencies 1496:22
deficiency 1499:3
deficient 1495:22
define 1411:23 1440:24
1586:6 1619:20 1635:21
defined 1425:3,14
1429:17
defines 1620:9
definitely 1610:3
definition 1585:9,10
degradation 1442:9
1524:15
degrade 1442:6
degree 1415:25 1477:5
1512:20 1513:3 1581:10
1581:14 1588:6 1612:8
1612:9,10
degrees 1433:2
deliberate 1480:7
delimited 1420:2
delivered 1394:15
1616:23
deliveries 1477:11
Delta 1409:17
demanding 1510:23
1652:21
demands 1650:12
demonstrate 1539:3
1573:13
demonstrated 1524:20
1573:9 1594:3
demonstration 1519:5
1520:9
denied 1658:5
denies 1509:9
density 1425:10,12,25
Denver 1390:4,17,23
1513:4,15 1650:3
1662:3,21
deny 1658:6
depart 1650:4
departing 1517:1
department 1390:24
1407:2,3 1408:9,19,23
1409:4,14 1417:18
1441:5 1443:23 1448:5
1448:5,6 1454:23
1455:21 1475:8,17
1491:5 1500:15 1583:8
1583:20 1650:3 1651:9
1651:16 1652:5 1653:7
1653:9 1656:10
departments 1410:6
1449:4,6
department's 1656:8
departs 1430:16
departure 1430:13
dependent 1565:15
depending 1405:4
1421:24 1485:20,24
depends 1546:7 1565:9
1597:2
deposited 1491:10
1492:9 1494:11,19
1499:20
deposition 1437:17
1492:12,14,20,24
1495:13 1503:6
depth 1584:2 1588:15
1589:6,6,7 1591:10
1592:8 1593:18 1598:2
depths 1587:19
describe 1439:22
1504:22 1514:9 1516:20
1517:15 1518:14
1534:10 1576:5 1581:8
1585:3 1612:6,16
1613:11
described 1413:8,14
1422:6 1437:24 1455:7
1466:2,2 1476:23
1526:3,6,7 1595:8
1642:2 1658:9
describes 1454:10
describing 1458:11
1471:13
description 1403:21
1420:22 1430:16 1447:3
desert 1425:8,24 1430:2
1430:8 1438:6 1492:6
1503:11
deserving 1658:22
design 1457:3 1459:18
1460:1 1488:10 1513:23
1513:25 1514:13,13
1516:20,24 1523:8,16
1524:19 1525:2,23
1532:3,15 1533:16
1535:4 1536:22,24
1542:5,14 1543:24,25
1544:1,1,4 1547:14
1548:24 1553:14
1554:23 1557:8,18,20
1560:11 1563:22,23
1564:1 1572:23 1574:4
1574:13 1575:1,7
1577:11,14 1583:6,16
1583:22
designation 1441:6
designed 1517:25
1522:17 1524:6,17
1527:5 1531:4,10
1532:14,19,22 1536:7
1536:19,20 1537:11
1539:24 1540:23
1553:23
designer 1548:23
designers 1549:9
designing 1555:6,9
designs 1526:5,8,11
1534:2 1537:22 1552:22
desire 1534:5
despite 1503:22
destructive 1431:16,19
detail 1400:23 1405:25
1418:10 1433:18
1459:20 1518:6 1542:6
1564:1
detailed 1398:1 1404:5

1436:11 1447:18
1454:25 1459:11
1480:15 1533:16 1534:1
1535:4 1660:4
details 1403:13,15
1437:2 1474:21 1553:10
1553:16 1566:10
detect 1524:9 1552:3
1568:21 1589:15
1596:18 1597:14
detectable 1594:11
detected 1550:13,16
1566:14,15 1567:13
1596:7
detection 1524:1 1542:17
1542:19 1566:14
1569:10 1596:21,23
determination 1417:25
1454:3 1480:17,19
1484:6 1585:12
determine 1420:17
1421:9 1457:10 1483:18
1568:1 1595:7 1642:22
1660:17
determined 1449:8
1642:21
determines 1496:8
1510:18 1621:19
determining 1418:25
1500:24
deterring 1531:21
detrimental 1488:4
1499:16 1500:15
develop 1490:12 1549:11
1613:22
developed 1451:18
1642:1
development 1491:22
1585:6,13 1659:24
developments 1613:16
1613:20
device 1597:19,20
1598:16
devices 1598:12
devils 1432:2,12,20
dewater 1460:16
dewatered 1573:19
1574:20
dewatering 1557:3
dial 1635:19

dialog 1464:19 1651:9

diameter 1575:23,24
dictated 1396:19
dictionary 1479:11
difference 1396:12
1418:5 1419:13 1428:8
1497:25 1547:4 1590:17
1595:12 1619:13
1621:12 1629:3,12
1644:17 1655:7
differences 1422:4,8
1450:2 1595:11 1618:22
1619:11 1620:7,8
1621:11 1629:8,9
1631:21
different 1395:9 1397:19
1415:12 1419:11 1421:6
1428:6,7 1442:24
1444:13 1454:6 1503:5
1530:14 1545:21
1547:11 1559:2,20
1560:9,12 1564:2
1565:25 1602:14
1630:11,23 1633:8,8
1638:20,23 1639:2
differential 1588:25
1589:2,9 1598:7
differentiate 1419:16
difficult 1439:14 1445:7
1445:11 1447:14,19
1482:19 1593:6
diffuse 1527:4
diffusion 1527:2
1595:19
diffusive 1527:6 1595:11
1596:2,11 1597:20
1598:7
dig 1566:23
diligence 1443:11 1654:2
diligent 1649:17
diploma 1581:12,18
dire 1392:13,20 1514:20
1514:21 1517:7 1584:7
1584:8,12,17 1608:6
1614:1,3 1616:3
direct 1392:7,10,12,13,17
1392:20,21 1416:15
1462:7,9 1475:22,25
1487:3 1507:13,15
1508:22 1509:8 1512:9
1515:20 1541:23
1558:17 1578:13 1579:7

1580:20 1612:1 1616:8
1620:5 1621:14,15,16
1621:16,23 1622:15
direction 1421:7 1422:7
1486:1 1490:25
directions 1433:1
directly 1437:5 1484:13
1494:17 1496:20
1526:19 1535:3 1560:13
1617:13
director 1390:5 1500:25
disagree 1458:3 1626:25
disappeared 1428:14
1587:11 1603:18 1604:1
disappointing 1489:24
disaster 1442:19
disasters 1430:5
disastrous 1443:17
discernible 1629:8
discharge 1395:1,6
disclose 1528:12
disclosed 1398:11
1508:6,10,11,21
1509:20 1514:6 1516:9
1578:23 1579:3 1610:19
1610:22
disclosing 1606:16,17
disclosure 1509:14,22
1510:9,21 1515:12
1528:11 1579:5 1608:23
disclosures 1507:25
1508:11 1509:17
1578:25 1580:19
1607:19 1610:2
discontinuities 1597:16
discovery 1508:7 1509:3
1509:16,17 1510:3,6
1511:10 1607:4
discuss 1428:1 1502:14
1523:11 1641:14
discussed 1419:15
1420:15 1424:21 1440:6
1440:22 1499:8 1533:2
1570:14 1586:24 1601:8
1623:2
discussing 1454:16
1478:18 1510:14
1553:17
discussion 1401:8
1415:25 1431:11
1435:23 1438:24 1450:3

1459:24 1501:8 1508:12
1508:16 1512:16
1520:16 1579:9 1616:25
1641:22
discussions 1426:16
1430:5 1553:11
disease 1583:13
disheartening 1659:17
disk 1401:3,3,3,5,6,7,7
1402:19,19,21 1403:5,5
1403:7,7,7,8 1456:13
disks 1403:3
dismiss 1437:2
dismissal 1626:23
dismissed 1441:19
dispatched 1404:9,13,15
dispersion 1416:23
1420:13,17,23 1421:12
1421:18,20 1423:7
1424:14,17 1425:24
1427:2 1435:3 1436:2,5
1436:8 1437:21 1439:10
1439:17 1441:10
1443:12 1444:3 1447:12
1448:15 1451:14,18
1458:15 1459:15
1460:12 1461:6 1469:16
1469:19 1499:7 1502:11
1502:18 1503:1
dispersivity 1597:1,2
displace 1583:11
display 1598:13 1599:8
disposal 1448:15
disqualify 1500:14
disregards 1431:14
disrupted 1490:2
dissolve 1530:2
dissolved 1532:5
distance 1421:25
1499:15 1592:2 1597:4
1597:10
distances 1421:3,4,10
1442:3 1474:9,13
1654:9
distant 1420:19 1574:9
1574:24
distribution 1427:15
1428:6,7,21 1429:23
1430:17 1433:14
1439:22
distributions 1433:7
1435:24
district 1403:4
ditch 1409:21
Diversity 1390:19
diverted 1583:12
divide 1644:5,6
Division 1395:2 1396:1
1396:17,18 1436:20
1437:23 1583:8,9,11
Division's 1452:17
doctor 1620:15
document 1393:12
1426:9 1427:6 1447:15
1447:16 1451:17 1462:4
1468:20 1478:19
1480:10 1509:16
1515:24 1516:18
1544:11 1550:8 1604:11
1628:13 1630:22,25
documentation 1404:4
documented 1492:18
1586:20 1590:15
1592:25 1593:21
documents 1394:24
1398:13,19,22 1399:23
1399:24 1401:9 1402:25
1403:12 1424:8 1434:18
1442:16 1444:12
1446:23,24,24 1447:5,8
1447:24 1452:20
1454:20 1457:10 1472:9
1472:10 1484:4,23,25
1515:5,12 1543:14,22
1543:23 1545:14 1558:2
1564:3 1579:4,6
1580:14,17 1615:17
1656:5 1660:13
DOE 1455:22 1456:2,7
1476:1
dog 1660:9
doggone 1567:19
doing 1409:10 1479:5
1482:14 1485:6 1493:23
1502:2 1540:18 1554:18
1566:18 1588:25
1605:25 1614:17
1631:18 1659:23
DOLA 1490:21 1491:20
dollar 1489:9
dollars 1488:4 1632:10

1634:9
dominate 1527:2
dosage 1421:9
dosages 1420:18
dose 1475:1 1498:5,8
doses 1499:7
DOT 1417:18 1456:5
double 1491:25 1517:24
1521:24 1522:16,20
1534:4,5 1539:21
1540:15 1544:13
doubling 1524:25
doubt 1443:16 1536:6
doughnuts 1653:2
downstream 1422:8
1436:18 1437:19 1439:1
1440:1
downwind 1436:8
1440:4 1492:5 1494:15
dozen 1453:23 1457:5
1545:24
Dr 1392:4,10,14,15,18,22
1392:24 1393:10,11,12
1399:18 1402:6,22
1403:9 1408:2,3,6
1411:1,8,10,13 1414:4,7
1414:12,15,20,24
1415:7,10,18,22 1416:5
1416:8,16 1420:16,21
1422:15,17,20 1423:1
1427:10,13,20,25
1447:8 1450:11 1451:10
1451:11 1456:22
1465:18 1468:6,24
1469:8 1474:4,18
1481:19 1482:12
1486:12,13,15 1492:18
1494:6,13 1497:4
1501:3,5 1503:14
1504:4 1517:7,11
1519:11,15,20 1525:4
1525:23 1526:1 1529:14
1530:13 1531:6 1533:3
1534:23 1552:14 1556:1
1564:14,18,21,24
1566:7 1570:21 1575:18
1575:25 1576:3,21,22
1584:20,21 1594:20,25
1595:2 1598:17 1607:13
1616:14,20 1617:14,14
1617:19 1619:3 1620:22
1621:23 1622:4,18
1623:2 1624:5,10,12,18
1626:6,13,16 1630:4,8
1632:24,25 1633:3
1634:2 1637:2 1640:21
1640:23 1644:16 1646:1
1646:3,4,14,18,21
1651:2,4,13 1652:11,15
draft 1505:15
drafts 1472:19
dramatically 1517:22
1518:3 1570:9 1657:2
draw 1472:10 1477:10
1627:20
drawings 1476:17
dried 1588:10
drilled 1587:2 1588:20
1589:12,16 1600:10
driller 1589:19
drilling 1587:9 1589:20
1596:8,8 1600:22
1601:2 1602:8
drinking 1491:12
1494:21
drive 1589:9 1645:11,18
1645:20,23 1646:5
driven 1638:25
driver 1404:10 1409:22
drives 1598:7
driving 1458:23 1518:4
1523:20 1536:8 1570:16
1573:21 1589:1 1598:15
drop 1456:18
droplet 1485:20,21,22
droplets 1589:20
drops 1434:13
drop-by 1493:16
drought 1460:19,19
1569:21
dry 1395:11,22 1408:11
1432:4 1476:12 1554:8
1554:13,15,19 1556:7
1556:17,24 1558:8,20
1558:24 1559:11
1560:14 1587:20 1588:8
1588:21 1589:12,23
drying 1554:15,16
1559:4
due 1422:2 1424:13
1436:17 1443:11
1489:12 1498:8 1560:23
1569:24 1635:20
1648:18 1654:2
duly 1416:13 1578:11
1611:23
Durango 1390:11
duration 1492:8 1498:22
1530:18
DUSEL 1583:17
dust 1417:3,9 1430:19
1431:20 1432:2,6,12,19
1433:9,12 1436:14,15
1436:21 1437:18,25
1438:11,12,14,15
1439:4,8,8,9,11,25
1440:2,4 1441:11,15,20
1442:2 1445:13 1458:16
1461:12 1475:3 1476:22
1492:6,12,13 1498:18
1498:22 1499:1,4,8,10
1503:6,10
DVD 1493:15 1504:15
1609:3,3
dwell 1597:12
E
E 1392:1 1393:1 1394:1,1
ear 1600:5,7
earlier 1437:14 1494:14
1513:16 1516:12 1523:1
1526:12 1647:18
1648:19
early 1521:2 1532:8
easiest 1403:1
easily 1498:14 1523:25
east 1435:14 1492:7
1645:17
Eastern 1468:2
east-to-west 1494:11
east-west 1489:15
easy 1425:11 1439:15
1506:25
econometrics 1612:15
economic 1618:23
1619:10 1622:18 1623:3
1623:11 1625:3 1633:18
1643:4 1658:3,11
economically 1657:14
1658:14
economics 1612:9
1613:8,12 1623:17
1630:10
economy 1500:16
1612:19 1621:20
1657:21 1658:3
ecotones 1660:6
eddies 1576:17
Edgar 1533:12
edge 1489:15 1498:4
1607:8,16,20,24
1608:13 1609:4 1611:5
1614:12 1615:3,12,16
edges 1476:12 1572:21
edification 1458:10
1565:2
edition 1492:16
editor 1454:5
education 1469:15
1581:3 1582:14
educational 1512:19
1581:8 1612:6
effect 1435:8 1437:2
1439:6 1440:2,23
1442:16 1456:2 1475:13
1531:25 1547:12
1575:11 1627:21
effective 1485:12
1531:21,24
effectively 1527:25
effectiveness 1526:11
1660:15
effects 1436:8 1440:6,6,8
1440:18 1441:20 1476:5
1487:15 1488:5 1498:21
1500:4,4,15 1575:10
1610:13 1625:21 1636:1
effluents 1422:11
1435:13
effort 1409:11 1437:21
1461:12 1511:11
1633:16
efforts 1490:9,12 1494:4
1623:19,20 1625:14
1653:18
EIA 1419:16 1431:7
1434:18 1437:24
1442:15 1443:22 1446:1
1453:12 1454:2,7,9
1484:9 1505:15,18
1506:8 1656:16,17
1659:15 1660:6
eight 1426:19 1532:16
eighth 1411:20 1412:9

either 1423:10,22
1434:20 1485:10
1502:20 1572:11
1635:18 1647:16
1660:11
elect 1611:19
electrical 1530:21
element 1631:1
elevated 1496:10
elevation 1492:21
1497:25 1588:7 1591:7
elevations 1598:2
eleventh 1412:17
eliminate 1536:1
1598:22
eliminated 1535:23,25
else's 1406:25 1591:12
embankment 1554:18
emergency 1400:5
1402:7,10,12 1403:11
1403:14,18,19 1404:5,6
1404:7,12,12,14 1406:7
1406:16 1407:11,15,21
1408:7,21 1409:2,12
1410:13,16 1411:22,23
1412:19 1413:5,7
1431:8 1445:14 1446:7
1461:22
emergent 1657:21
emission 1435:3 1436:8
1443:12 1495:12
emissions 1395:21
1420:13,17 1422:9
1424:16 1425:24 1436:2
1436:5 1439:17 1441:10
1441:13 1443:9 1444:12
1448:15 1497:7,8
1554:25 1555:5,14,20
1556:8,11,16,21
1562:15
emitted 1494:17 1555:10
emphasize 1418:21
1426:15 1441:19 1442:4
1447:11,20 1457:24
empirical 1526:10
1626:24
employed 1520:20
1538:11 1633:6 1662:13
employee 1412:8
employees 1651:15,16
employers 1582:6
employment 1581:3,21
1582:13 1621:14,15,16
1621:18 1622:15
1638:10,13
emptying 1402:4
EMT 1446:6
encounter 1587:4
encountered 1601:1
encounters 1588:4
endangered 1660:7,10
ended 1396:15
endorsement 1579:20
endorses 1497:1,3
ends 1651:23
energy 1389:5 1390:4,7
1390:10 1393:7 1394:17
1394:18 1395:5,24
1397:5,24,24 1398:4
1399:4,8 1404:8
1405:19 1418:4 1419:17
1420:16 1446:16
1455:21 1457:4 1464:7
1465:5 1467:2 1470:22
1473:25 1475:8 1482:19
1491:1 1494:22 1495:3
1496:1,11 1497:23
1500:15 1503:23
1507:24 1508:25
1509:11 1510:9 1511:5
1516:14 1517:2 1535:2
1539:7 1540:22 1541:18
1552:22 1553:1,6,7
1560:7,21 1583:21
1585:1,4,18 1602:19
1605:1 1607:19 1614:13
1614:17,21 1615:3,11
1617:2,7 1619:8,12,21
1620:25 1621:21,24
1622:2 1631:7 1638:9
1638:11,12 1655:9,14
1656:4,19 1657:19
1659:17,25
enforcement 1404:15
engaging 1506:12
engineer 1513:5,9
1516:24
engineered 1527:21,24
engineering 1439:23
1443:11 1460:22,25
1476:17 1512:21,24
1526:2 1538:16 1546:5
1557:14,18,19 1560:20
1581:11,14,21 1583:17
1655:22
engineers 1426:20
1584:24
England 1613:4,10
English 1426:14
enhance 1442:18
1534:10
enhanced 1430:18
1532:14
enhancement 1442:23
enhancing 1569:10
enjoy 1442:6
enjoyed 1659:3
ensemble 1421:22
1422:3 1423:2,6,10,10
1423:13,22,25 1424:2
Ensemble-like 1423:3
ensure 1404:9 1407:11
1407:21 1410:6 1495:13
1525:18 1573:15
entailed 1582:20 1599:9
entails 1583:25
entered 1399:4 1450:17
entering 1444:5,18
entire 1397:7 1479:6
1536:23 1571:24
1572:12 1603:5 1656:21
entities 1465:4
entity 1467:3
environment 1390:24
1395:23 1471:4 1488:6
1490:1,8 1491:6 1502:7
1513:15 1514:14
1610:21 1612:21 1653:7
1653:10,12 1656:12
1659:10
environmental 1390:19
1395:12 1400:21
1407:14 1419:15
1423:15 1441:18
1448:11,11 1470:19,20
1471:16,18 1472:23,24
1475:9,12 1476:4
1479:23 1480:2 1489:17
1497:9 1501:21 1505:8
1518:19 1519:1 1608:13
1610:7,14,18 1611:1,4,6
1611:7 1612:25 1613:4
1613:5 1614:12 1615:16
1615:17,18 1616:13,19
1617:24 1618:3 1623:2
1628:12,14,17,19,24
1629:6 1639:11 1656:5
1656:6,24 1659:8,12,15
1660:3,3,5
environmentally
1513:23
eolian 1492:13
EPA 1396:8 1490:20
1517:5 1526:14 1563:21
1564:4 1634:20 1636:21
equal 1449:23 1530:23
1530:24
equally 1561:22
equals 1566:5
equation 1565:23 1566:2
1566:3
equipment 1552:12
equivalent 1581:13
ER 1419:16 1438:20
era 1655:12
erosion 1460:9 1477:13
erratic 1587:8
escape 1593:15
especially 1443:9
1444:25 1445:12 1483:9
1569:21 1590:6 1652:22
1657:22
Esq 1390:2,3,5,9,12,16,21
essential 1447:5 1481:12
essentially 1396:20
1460:8 1522:17 1525:7
1605:2 1641:20
establish 1493:2
established 1404:21
1449:23 1478:5,6
estate 1631:23
estimate 1397:22 1398:1
1398:6 1436:22 1439:24
1444:6 1477:6 1499:7
1626:20 1631:7 1645:4
estimated 1443:25
1618:25 1619:5,9,12
1620:7,10 1621:21
1622:2 1645:10
estimates 1397:23
1405:11,18 1444:11
1446:2 1455:5,12
1619:17 1620:2,3
estimating 1620:16

estimation 1621:25
et 1418:20
Ethington 1533:12
1651:10
evacuate 1604:10
evacuated 1595:23
1596:5
evaluate 1615:20
evaluation 1581:18
evaluations 1613:25
evaporation 1425:23
1482:16,20 1483:8
1531:4,13,16,22,23
1532:1,3,7,11,14,17,21
1532:23,24 1548:12,17
1549:8 1568:16,17
1569:23 1570:2,9,11
1585:21
evaporites 1593:22
event 1403:24 1404:7
1412:19 1425:14,18
1431:19 1437:22 1484:9
1484:10 1485:23 1495:9
1551:6 1603:19 1604:2
1646:9
events 1425:2 1431:9
1432:24 1433:9,10
1435:3,20 1436:21
1483:16,20 1485:12,13
1492:12 1498:19,22
eventual 1482:25
eventually 1587:2
1646:10
Event-Based 1492:20
everybody 1422:21
1426:8 1427:19,22
1446:17 1473:9 1479:7
1479:9 1502:13 1505:6
1511:11 1621:6 1652:18
evidence 1398:9 1437:1
1449:15 1528:4 1529:5
1591:1 1625:8,12
1629:15 1632:19
1648:11 1653:13 1656:3
1657:3,11
evidenced 1626:19
evident 1593:19
evolves 1472:7
EX 1587:20
exacerbate 1455:24
exacerbates 1442:22
exact 1553:9,15
exactly 1397:17 1437:11
1438:6 1533:25 1567:16
1567:21,23 1579:22
1593:7 1597:19 1642:17
Exam 1392:13
Examination 1392:3,5
1392:12,13,17,20,20,21
1394:4 1411:4 1416:15
1487:3 1512:9 1514:21
1515:20 1578:13 1612:1
1614:3 1616:8
examine 1499:11,19
examined 1578:12
1601:23 1611:24
example 1406:13
1426:18 1448:7 1543:10
1610:4 1632:18 1633:24
1634:4 1635:3,7,11,13
1635:14 1636:10
1660:19
examples 1539:12
1636:12
excavate 1588:15
excavations 1582:24
1583:22 1597:15
exceed 1425:6 1430:21
1441:16
exceedance 1432:23
1434:5
exceedances 1495:9
exceeded 1430:1 1537:21
1542:21
exceeding 1425:18
exceeds 1425:16 1437:25
1496:4 1539:4
excellent 1527:6 1556:25
excerpt 1497:14
excess 1401:24 1592:7
excessive 1430:19,20
1443:6
exclude 1611:19
excursion 1602:16
excuse 1396:17 1411:10
1458:17 1536:20
1568:24 1582:25
1601:19 1604:16
executive 1449:3
exercise 1580:1 1655:9
exercises 1409:7
exhibit 1393:3,4,5,8,11
1393:12 1401:14 1411:6

1411:14,17 1414:17,25
1415:20,21,23 1419:9
1427:3,5,8,9 1516:8,14
1580:11,12,15 1608:17
1617:2,2,3,7
exhibits 1393:2,7,10
1427:5 1580:7,24
exist 1405:25 1483:12
1603:22 1626:1
existing 1442:23 1488:8
1589:14 1594:6 1626:8
exists 1632:12 1633:15
1633:16,17,18 1658:7
expand 1396:7 1397:5,16
expansive 1596:16
expect 1446:5 1485:6
1625:24
expectations 1533:24
1539:6
expected 1532:15 1608:4
1638:12
expecting 1394:18
expeditions 1448:18
expensive 1420:6 1459:8
experience 1434:19
1448:17 1469:15 1470:9
1513:2,21 1514:3
1521:21 1568:8 1582:14
1587:24 1613:12
1615:14,22 1652:22
1654:20,20
experienced 1459:7
expert 1418:11 1469:15
1469:24 1470:8,13
1474:5 1487:6 1496:19
1497:1 1503:7 1507:25
1508:11 1509:25
1510:11,22 1512:15
1514:18 1550:3 1551:20
1555:15,20 1578:19
1580:18,18 1581:4
1584:5,25 1606:19
1607:9 1608:23 1610:20
1610:22 1611:5 1612:5
1613:24 1625:23 1658:9
expertise 1444:20
1447:13 1470:2 1472:3
1474:18,22 1520:19
1548:3,4 1551:13
1555:6,8,13 1576:11
1584:18 1629:24
experts 1503:4 1510:16
1607:19
expires 1662:18
explain 1401:10 1502:17
1503:3 1617:21 1633:16
explained 1484:23
1619:14 1620:8 1636:15
explaining 1633:18
explains 1469:13
1621:11
explanation 1449:20
1630:23
explicitly 1642:2
explore 1448:19
explosion 1403:23
exposed 1395:22 1571:17
1573:1 1598:6
exposure 1401:23
1499:18,19
express 1652:23
expressed 1455:23
1505:2
expressing 1493:8
extended 1444:19 1598:4
extends 1492:1
extensive 1447:18
extent 1442:5 1511:18
1535:20 1555:19 1573:1
1591:24 1626:1
external 1397:23
extreme 1400:18 1416:23
1442:16 1445:12
1483:12
extremely 1530:11
1574:12
eye 1459:7
E-mail 1393:3 1414:21
1422:20 1427:18 1518:9
1564:17 1580:11 1609:2
1617:11 1647:14,18
1648:1,2,7 1650:14
E-mailed 1526:18
1528:19,21
E-mails 1647:15
F
F 1392:12
facilitate 1523:25
facilities 1465:7,22
1466:1,3,5 1513:24

1514:1,2,14 1521:10,12
1521:23 1522:10
1533:17 1548:20
1549:20 1602:25
1623:10 1625:22
facility 1397:13 1409:6
1464:8 1492:24 1495:11
1495:17,19,25 1496:9
1496:15 1533:6 1546:16
1548:14,22 1554:15,21
1554:23 1555:3 1625:20
1626:3 1628:4,6
1656:20
facing 1426:17
fact 1405:25 1444:10
1449:14 1454:23
1459:23 1461:4 1477:8
1484:11 1503:25
1508:20 1510:23 1545:5
1553:19 1569:24 1588:9
1592:18 1630:20 1654:4
facts 1398:9 1649:8
Faegre 1390:2 1420:10
1450:24
fail 1601:18,20 1660:1,13
failed 1494:23
failing 1601:22
fails 1543:16
failure 1544:3 1568:1
1602:16
failures 1601:24
fair 1461:2 1463:6
1468:18 1478:2 1482:18
1483:11 1525:22
1571:25 1572:9 1575:9
fairly 1527:19
faith 1502:5
fall 1425:3 1444:7
fallen 1657:1
familiar 1476:11 1505:8
1539:8,10,15 1541:16
1558:4,6 1562:23
1563:14 1627:15
1628:13,14 1634:23
1646:7
families 1489:7
far 1396:23 1406:18
1437:25 1448:14
1449:20 1452:20
1457:10 1458:21 1484:2
1484:20 1498:11
1542:22 1544:2 1545:17

1546:23,24 1548:6,21
1560:18 1561:24 1565:1
1571:14,18 1572:23
1574:18 1599:9 1607:6
1627:15 1644:23
farther 1588:5
fast 1487:20,21 1511:9
1588:5 1609:25
fat 1430:12
fatal 1472:24 1473:5
fault 1464:23
favorite 1534:21
feasibility 1482:23
1484:2
feature 1470:5
features 1561:21
Fed 1476:2
federal 1405:5 1413:9,10
1413:14,15 1448:20
1465:9 1466:6,15
1553:18 1563:11
1613:16 1615:19,21
1656:1
federally 1553:20
feed 1394:15,19 1440:25
feedback 1482:7
feeder 1455:24
feel 1422:6 1588:16
feet 1409:21 1421:1
1432:7,9 1483:3
1489:14 1498:3 1519:7
1520:25 1522:15
1524:17,21 1565:18
1583:23 1587:7,9
1589:6 1591:8 1592:5
1593:23 1602:23 1603:2
1603:7,16,23
fell 1408:20 1637:11
felt 1395:20 1450:13
1474:23 1480:17
1504:10,19
fence 1420:18 1474:7
Fermi 1583:21
field 1418:11 1426:4
1470:1,10 1472:12
1501:10 1526:22
1530:11 1532:7
fields 1432:5
fight 1443:9
fighting 1442:20
figure 1423:14 1428:2,12

1428:17,19 1429:14
1431:2 1434:23,23
1435:6,6 1453:8
figured 1564:7
figures 1430:18 1433:6
figuring 1640:24 1641:4
Filas 1392:3 1394:6
1414:3 1438:3,8
1497:23 1508:4,5
1509:1 1533:7 1534:6
1554:11 1609:12 1638:4
1638:7 1659:19,20
files 1651:8,9,18
filing 1511:15,15,16
fill 1435:15
filled 1622:1,3
filtered 1555:1
final 1396:10 1409:14
1418:2 1449:8 1454:3
1533:16 1564:1
finalized 1505:13
finally 1400:21 1527:13
1534:21
financial 1615:6,11
find 1403:2 1417:14
1437:11 1446:25
1454:21 1456:16
1457:11 1555:22
1557:24 1561:4,5,16
1567:3,25 1569:8
1661:2
finding 1637:11
findings 1585:9 1607:15
1623:25 1648:17 1649:8
1649:16
fine 1422:24 1476:25
1482:14 1502:24
1508:25
finish 1461:8 1510:2
1550:19 1563:5
finished 1503:13
1629:21
Finke 1512:8
fire 1403:23 1404:2,14,17
1407:2,3 1410:2,22
1412:16 1442:13,17,20
1442:22,23,24 1443:8,9
1443:10 1446:6
fires 1403:25 1442:22
firm 1513:17 1614:21
1623:17
first 1390:22 1401:2
1403:5 1404:2 1414:16
1416:22 1442:12
1446:17 1450:15 1453:8
1453:17 1458:22 1486:8
1486:18 1499:6 1512:18
1518:14,20 1519:19
1520:3 1523:17 1534:12
1535:10 1550:12
1558:14 1564:15
1578:11 1582:17 1587:4
1588:2 1589:16,25
1590:23 1593:21 1594:9
1594:21 1595:6 1602:4
1606:10,18 1608:8,15
1611:23 1619:18
1653:23 1655:1,11
fish 1583:10 1660:10
fisheries 1583:14 1613:7
fit 1660:25
five 1419:18 1468:24
1488:21 1503:17 1509:3
1551:21 1553:9 1607:2
1619:4 1625:22 1626:2
1637:10
fix 1471:24
flat 1426:17 1445:18
1474:3,6,17 1497:20
1607:5 1624:24
flaw 1567:25
flawless 1536:24
flaws 1472:24 1525:9
1568:21 1569:8
floor 1390:22 1425:9
1478:5
flow 1447:4 1532:19
1534:18 1565:3,8,9,11
1566:6 1567:14 1568:3
1568:5 1574:7,9
1597:20,22
flowing 1437:8
flows 1657:18
fluctuation 1604:12
fluid 1565:10 1593:14,15
fluids 1551:1
fly 1432:8
flying 1432:3,11
focus 1440:21
focused 1438:25 1460:24
1514:12 1612:21

focuses 1431:15
focusing 1461:1
folder 1401:5,7 1402:19
1403:8
folders 1401:4 1403:6,6
folks 1396:3 1434:19
1442:1 1470:12 1509:8
1535:10 1606:24
1609:14 1648:13
1650:18 1658:14 1659:3
follow 1422:23 1424:3
1435:23 1477:23
1659:21 1660:1
followed 1661:6
following 1403:20
1404:8 1439:16 1466:10
1516:1 1525:3 1526:22
follows 1416:14 1578:12
1611:24
Food 1613:7
foot 1589:6 1650:15
footprint 1490:24
forbid 1409:22
force 1480:24
forced 1426:24
forces 1446:9
forcing 1503:22
foregoing 1662:10
foreign 1488:13
forest 1442:20,22
1490:19 1493:25
1615:19
forever 1490:2
forewarned 1652:14
forget 1651:15
forgive 1489:1
forgot 1416:4 1445:3
1477:7
Fork 1491:17
form 1400:9 1419:24
1431:18 1435:11 1590:1
1662:10
formal 1469:14 1643:17
format 1420:1,6 1447:16
formation 1588:9,9
1590:1,2 1592:4
1593:22 1594:10
1601:17 1603:11
1604:21
formed 1624:22
former 1583:18
forms 1649:7
forth 1430:5 1446:15
1449:21 1454:4 1496:24
1533:23 1536:2 1537:21
1539:5,6,20 1552:12
1626:15 1643:11,20
1662:9
forward 1437:7 1469:9
1509:18 1538:1,4
1557:12 1578:17
1606:19 1653:16
1654:25 1655:15
1658:10,17,23 1660:16
1661:7
found 1433:8 1443:22
1447:3 1506:15 1528:15
1545:9 1561:8 1585:11
1586:14,24 1587:10,22
1590:11,18 1603:9,21
1623:19 1625:7,11
1635:23
Foundation 1490:18
1583:20
foundational 1605:15
founded 1489:4
four 1433:10,12 1492:11
1496:6 1508:17 1538:9
1593:23 1607:21 1623:9
1623:16 1636:12
1649:15
four-zip 1620:23,24
1621:1 1622:22 1631:5
fowl 1570:12
frame 1649:18
frames 1495:14
framework 1446:23
Frank 1392:3 1411:8
1461:17 1497:23 1508:4
1508:5 1509:1 1534:13
1609:12 1638:4,6
1659:19,20
free 1488:9
frequencies 1400:20
frequency 1427:15
1428:20 1429:23 1433:7
1435:24 1439:22 1492:8
1499:1
Friday 1487:9 1514:25
1517:6 1520:13 1617:18
1617:19 1619:4 1624:6
1624:13
friendly 1450:4
front 1401:15 1416:18
1428:1 1437:15 1562:14
1576:9
fuel 1404:17 1443:10
fuels 1389:5 1390:4,7
1393:7 1394:17,19
1395:5,24 1397:5,24,24
1398:4 1399:4,9 1404:8
1405:19 1418:4 1419:17
1420:16 1446:16 1457:4
1464:7 1465:5 1467:2
1470:22 1473:25
1482:19 1494:22 1495:3
1496:2,11 1497:23
1503:23 1507:24
1508:25 1509:12 1510:9
1516:14 1517:2 1535:2
1539:7 1540:22 1541:18
1552:22 1553:1,6,8
1560:7,21 1585:4,18
1602:19,20 1605:1
1607:19 1614:13,17,21
1615:3,11 1617:3,7
1619:8,12,21 1620:25
1621:21,25 1622:2
1631:7 1638:9,11,12
1655:9,14 1656:4,19
1657:19 1659:17,25
fugitive 1417:9 1441:11
full 1409:20 1439:8
1471:9 1480:10 1484:16
1486:21 1512:7 1578:5
1606:7
fully 1544:19
function 1544:3 1568:14
functioning 1602:1
functions 1642:21
fund 1491:21
fundamental 1649:8
1655:7 1656:4,7
funded 1500:11
funders 1489:10
further 1392:5 1408:1
1411:4 1412:23 1413:23
1414:2 1439:3 1468:10
1468:17 1486:9,16
1496:11 1511:25
1524:22 1537:19 1540:8
1542:15 1550:20 1562:2
1575:16 1579:25
1603:23 1616:3 1647:6

1662:7,12
Furthermore 1421:1
1437:2
future 1396:6 1489:23
1493:3 1574:9,24
1575:2,5 1585:13
1614:21
G
G 1394:1
gain 1472:5 1477:16
1573:15 1630:6
game 1453:14 1579:25
gamma 1401:23 1404:25
gamut 1465:12
garbage 1642:16 1643:2
gas 1613:15
Gateway 1441:4
gather 1485:5
gathered 1586:5
Gaussian 1420:23
1421:12 1423:7 1497:20
1502:11,18,25
GCL 1524:20,24 1525:1
1526:8 1527:9 1529:21
1529:23 1530:4,17,22
1531:1,2 1539:23
1547:18 1548:10
1549:12 1577:12
general 1390:21,22
1406:11 1426:5 1442:22
1443:14 1469:23
1480:16 1484:7 1485:19
1487:12 1489:8 1502:12
1540:17 1626:21 1627:7
generalized 1498:7
generally 1428:9,11,18
1430:14 1432:14
1457:15 1517:15,18
1545:12 1546:13
1571:17 1572:24
1576:11 1578:18 1621:7
1623:6 1625:21 1644:20
1644:23 1645:8
generations 1424:4
1488:15 1489:23
generic 1400:6
gentleman 1647:12
geochemical 1546:25
geochemist 1547:1

geographic 1630:5,11
1631:10 1634:1 1635:9
1635:22 1636:5
geographical 1494:10
1628:22
geological 1512:21
1581:10 1585:25
1600:15
geologist 1600:24
geomembrane 1514:12
1517:18,21 1520:3,6,9
1521:2,3,4 1522:13
1523:6,19,23,24,25
1524:5,15 1525:11,18
1527:4,9,17 1529:16
1536:9 1538:6 1539:22
1540:1 1542:17,19
1544:12,13,20,22,23
1545:7,8 1547:17
1560:12 1570:15
geomembranes 1527:15
1545:16 1569:2,3
geomembrane-lined
1514:1 1534:14
George 1623:18
Georgia 1512:24 1513:2
1513:4
Geoscience 1492:15
geosynthetic 1524:18
1529:21 1574:14
Geosynthetics 1545:15
geotechnical 1512:23
1513:17 1514:19
1516:24 1546:24 1586:3
1593:19 1602:7
getting 1450:16,20,25
1475:3 1482:6 1568:4
1570:11 1611:18,18
1654:4
Giroud 1526:14 1566:1,4
give 1416:20 1446:24
1448:21 1450:23
1493:17 1555:21
1566:12 1579:11
1594:21 1607:13
1611:14 1633:13
1651:24
given 1394:16 1415:22
1426:9 1453:21 1472:13
1483:5 1498:24 1499:1
1501:6 1502:1 1506:1
1509:23 1536:6 1537:12

1546:9 1555:4 1556:25
1565:3 1574:12 1607:24
1608:4 1609:21,25
1647:25
gives 1466:12 1474:10
1524:8
glad 1455:22 1459:3
1480:23 1502:19
1533:18
Glendale 1612:13
glider 1432:1,7
Globally 1513:25
glove 1655:15
go 1396:25 1397:7,13
1402:24 1406:10
1408:18 1409:19
1412:16 1414:5,7
1416:10 1418:10 1424:7
1425:15 1429:12
1432:20 1433:21 1434:7
1434:9 1435:5,17,20,21
1443:21 1445:23 1446:3
1453:15 1456:8 1464:20
1471:24 1472:19
1473:14 1487:20,20
1504:17,18 1510:17
1515:19 1522:25
1528:13 1535:10
1547:22 1549:1,22
1552:17 1556:2 1562:13
1563:5,16 1565:24
1568:10 1570:7 1571:18
1574:18 1578:19
1580:25 1588:5 1594:20
1599:1 1606:14 1607:2
1611:20 1620:14 1621:3
1621:5,5,7 1627:15
1629:20 1637:15
1641:25 1644:1,4,5
1649:15 1652:13
1653:16,21 1654:25
1660:23
Goad 1390:21 1415:4
1501:2 1507:16 1564:16
1584:10 1605:9,10
1616:4 1646:23,25
1650:6,8,21 1651:14
1652:3,4
goal 1572:12
GOCO 1490:21
God 1409:22
goes 1405:6 1409:15
1412:15 1429:11
1430:15 1432:18
1440:14 1483:3 1512:17
1536:25 1568:9 1569:20
1631:10
going 1394:8 1396:4
1404:22 1405:24 1407:4
1417:13 1427:7 1431:22
1433:6 1435:15,18,20
1435:21 1440:13 1441:9
1446:14 1447:6 1451:13
1454:17 1455:8 1459:13
1460:2 1462:16 1463:25
1464:13,18 1467:21
1468:6,9 1469:2 1470:1
1476:12 1477:12
1481:10 1485:15
1493:21 1495:5 1500:5
1504:13 1511:20 1512:2
1512:12,14,15 1517:12
1517:12 1518:8,8
1525:7 1528:15,23
1530:23 1531:7 1541:10
1541:22 1546:16
1547:17 1548:12 1549:7
1549:7 1551:21 1553:20
1557:12 1561:5 1567:7
1567:18 1570:17 1571:3
1579:23 1580:10,12,14
1580:15 1581:2,5
1605:2 1609:16 1610:3
1611:16,17 1612:4
1615:6 1617:9 1630:6
1634:6 1637:4 1642:21
1643:22 1644:25 1645:4
1648:5,11,13,16 1649:6
1652:14,15 1657:11
1659:6
gold 1521:18
Golder 1393:4 1513:8,12
1516:23,25 1517:1
1552:25 1580:13
good 1394:6 1440:7
1446:1 1450:11,12
1456:15 1459:8 1461:15
1462:10 1474:3 1479:4
1480:10 1482:12
1503:17 1514:23
1525:19 1536:3,18
1537:3 1539:2 1546:10

1552:15 1561:1,8,9
1599:5 1614:5 1649:22
1658:7,8
Goodman 1392:19
1606:5,9,12 1608:17
1609:12,16 1610:1,6
1611:6,22 1612:4
1613:24 1614:5 1616:10
1617:8
gorgeous 1655:3
gotten 1468:16 1493:5
1595:10,10
government 1463:7
governments 1443:14
governor 1449:3,5,9
governor's 1418:1
1449:2
grade 1460:2 1583:23
1587:7 1591:8 1593:23
graduate 1442:11
1612:10,11,14
graduating 1512:22
grains 1588:14
Grand 1409:17 1421:16
1442:9 1457:14 1644:1
1644:8,22
grant 1491:1
grants 1491:20
grasped 1505:11
grateful 1495:5
great 1442:3 1452:5,13
1459:20,24 1520:12
1646:9 1648:3 1654:8,9
1659:10
greater 1425:17 1432:25
1433:9 1443:4 1527:17
1587:19 1595:13
greatly 1460:11 1646:5
groceries 1639:8
grocery 1621:4 1639:8
1644:21
Grossman 1391:2 1392:4
1392:6,10,14,15,18,22
1392:24 1393:12
1399:18 1402:6,22
1403:9 1408:2,3,6
1411:1,10,13 1414:4,7
1414:12,15,20,24
1415:7,10,18,21,22
1416:5,8,12,16 1422:15

1422:17,20 1423:1
1427:9,10,13,20,25
1447:8 1450:11 1451:10
1456:22 1465:18 1468:6
1468:24 1469:8 1481:19
1482:12 1486:12,13,15
1497:4 1501:3,5
1503:14 1519:11,15,20
1556:1 1564:14,18,21
1564:24 1566:7 1570:21
1575:18,25 1576:3,21
1576:22 1584:20,21
1594:20,25 1595:2
1598:17 1640:21,23
1644:16 1646:1,3,4,14
1646:18,21 1651:2,4,13
1652:11,15
Grossman's 1393:10,11
1411:8
ground 1423:11,12,23,24
1429:2 1432:17 1497:11
1533:14 1586:7
Groundhog 1450:14
grounds 1496:20
groundwater 1448:16
1491:15 1500:13 1533:6
1543:17 1549:25 1564:6
1564:7 1583:7,12
1584:1,23 1585:10,12
1586:7,9,19,19 1587:4
1588:6 1593:8,8
1594:17 1597:23
1600:11,20,21 1601:13
1602:6 1603:13,15
ground-penetrating
1596:18,21 1597:11,14
group 1389:1 1417:23
groups 1418:3,7 1449:18
1449:24
growth 1623:8
guaranties 1496:15
guess 1398:17 1402:16
1409:13,14 1414:17
1427:6 1447:21 1474:14
1478:1 1505:12 1541:15
1580:4 1609:15 1629:21
1645:13
guidance 1446:24 1618:3
1618:21 1658:18
guidelines 1403:20
1618:4
gullies 1445:9
gully 1445:24
Gunnison 1660:8,9,21
gust 1429:16,17,22
1431:1,3 1483:16
gusts 1429:10,25 1430:3
1434:8,8,8 1443:3
guy 1445:21
guys 1445:3 1451:6,7
1506:24 1624:15
G-i-r-o-u-d 1566:4
H
H 1390:5
habitat 1610:15
half 1453:23 1457:5
1545:24 1595:14 1658:1
halfway 1644:2
half-life 1498:13
hall 1493:14
hand 1416:4 1461:24
1486:18 1512:4 1578:2
1606:3 1637:25 1655:14
1658:1
handle 1419:20 1559:14
handled 1477:13
handling 1403:25 1404:1
1404:10 1546:11 1560:2
1583:25
hands 1488:25 1490:23
Hang 1608:25
happen 1406:9 1485:15
1500:16 1503:7,22
1534:17 1591:25 1592:6
1593:17 1597:10
1627:12,17 1649:25
1659:13
happened 1407:18
1408:12 1524:2 1603:17
1649:24
happening 1471:10
1505:3 1537:2 1560:6
1595:9
happens 1428:10
1500:17 1566:15 1567:5
1588:20 1593:25 1594:4
1597:6 1645:20
happy 1456:24 1458:19
1458:20 1468:20
hard 1431:18 1439:15
1443:8 1446:19 1453:8
1476:17 1516:8 1525:8

1536:3 1635:15 1655:5
harmed 1625:13,14
hatcheries 1583:10,12
haulage 1400:3,6
1410:13 1413:1
hauling 1406:12 1410:20
1463:1 1559:2
hazardous 1403:22
1412:13 1562:16 1590:7
hazards 1403:22 1404:17
1404:18,19 1581:25
HDPE 1527:4,14 1529:16
1529:19 1544:23 1545:7
1545:8,16
head 1449:3 1481:9
1518:4 1523:20 1536:8
1570:16 1573:21
headache 1395:18
headed 1430:14
heads 1607:25
health 1390:24 1403:23
1488:6 1491:5 1494:25
1499:16 1502:7 1650:3
1651:8,16 1653:7,9,10
heap 1514:1 1521:10,11
1521:17 1544:7
hear 1394:10 1446:22
1482:4,9 1511:21
1512:2 1573:6 1584:15
1611:15 1640:10
1641:22 1645:11
1646:20 1650:9 1654:15
1657:19,21
heard 1394:7,14,22
1395:9,11 1451:23
1452:15 1457:1,12
1459:17 1468:11 1472:2
1476:7,19 1488:10,11
1501:8 1505:10 1525:10
1530:7 1576:5 1585:14
1599:17 1606:18
1617:19 1640:13
1646:16 1649:6,12
1653:13,20 1656:3
1657:9,16
hearing 1389:3,18
1394:2 1398:19 1405:10
1406:4 1408:2,4
1413:24 1414:4,9,13,18
1414:22,24 1415:16,19
1416:3,5,7,10 1422:22
1427:7,11,17,21 1428:4
1447:6 1449:20 1450:5
1450:8 1452:10,24
1456:10,15 1459:23
1462:8 1464:21 1465:17
1466:19,23 1467:11
1468:11,18 1469:1,3,5
1469:16,25,25 1475:20
1476:6 1478:10 1480:24
1481:21,24 1485:4,17
1486:11,17,19,21,24
1487:5 1502:23 1504:1
1504:13 1506:17,21
1507:1,4,6,10,14,19
1509:3,10 1510:4,25
1511:9,13,13,24,25
1512:4,6,7 1514:20
1515:18,23 1516:11,17
1518:23 1519:13 1522:5
1528:7,17 1529:2,6
1535:9 1540:20 1541:12
1541:24 1551:22 1552:8
1552:11 1555:22
1556:12 1557:6 1563:4
1563:13 1564:13 1566:3
1570:23 1575:17,19,22
1576:1,21 1577:1,17,19
1577:23 1578:1,3,5,7,9
1579:13,17,23 1580:3,9
1580:21,25 1582:10
1583:1 1584:7,11,17,20
1594:19,23 1598:19
1599:1 1605:9,11,13,21
1605:25 1606:3,6,7,10
1606:13 1607:3,16
1608:5,18,20,25 1609:7
1610:5,24 1611:9,13
1614:1 1616:5,7,11,22
1617:4 1618:12 1619:22
1624:7,21 1637:13
1640:16,20 1644:14
1646:1,14,19,23 1647:1
1647:5,7,10,24 1648:4
1648:10,21 1649:4,16
1649:20,23 1650:17,23
1651:3,6,22 1652:3,9,13
1654:23 1655:8,11
1656:14 1658:25 1659:4
1661:8,10
hearings 1418:8 1440:7

1460:17 1503:22 1599:6

hearsay 1504:12 1624:24
heck 1440:15 1459:1
height 1419:14,14
1425:21 1431:5
hell 1408:14 1434:21
Hello 1578:15
help 1447:5 1454:14
1461:10 1506:8 1598:19
helped 1598:21 1609:14
1625:14
helpful 1450:25 1462:17
helping 1470:4
Hermosa 1592:4 1593:22
1594:10 1596:4 1603:10
1604:21
heterogeneity 1597:2
high 1417:3,7 1426:25
1429:1 1431:6,9 1435:9
1437:22 1439:12 1484:8
1484:9 1485:12,12,23
1490:10 1492:8,20
1494:7 1498:8,15,22
1529:24 1542:12
1567:14 1592:13
1595:13
higher 1418:15 1419:8
1431:1 1521:14 1598:14
highest 1429:22
highlights 1403:16
highly 1426:4
Highway 1441:3
highways 1413:16
hikers 1489:19
Hill 1554:1,2 1557:8,13
1644:4 1655:20
hire 1400:7
hired 1496:18
historic 1520:17,21,22
historical 1487:25
1488:3 1500:8 1645:18
1645:23 1646:9
historically 1518:15
1523:3,4 1658:13
history 1581:21
hit 1401:17 1403:16
1439:13 1640:15
hits 1498:4
hoc 1448:3
Hold 1571:1
hole 1587:4 1589:5
1597:24
holes 1550:14 1586:1,3
1586:20 1598:3 1600:8
1600:9,12,14,23
1601:11
home 1488:24 1489:9
1632:5,5,9,14 1634:4,8
1634:13 1635:4,23
1636:16,24
homegrown 1489:7
homeowners 1441:25
homes 1489:11 1491:23
1629:11,13,13
Homestake 1583:18
honest 1458:8
Honor 1398:8 1401:1
1415:11 1422:14 1452:6
1452:9 1456:17 1462:5
1465:14 1466:17
1468:14,17,22 1475:14
1485:14 1501:1 1504:11
1508:9,19 1509:19
1510:20 1511:23 1512:3
1514:18 1515:17 1516:7
1516:9,15 1522:1
1528:3,23 1535:8
1541:21 1551:19 1562:2
1563:1 1579:2 1584:9
1605:8 1606:14 1607:18
1609:20 1610:10 1611:3
1611:21 1623:22 1624:5
1644:13 1646:13 1647:6
1649:2 1652:4 1654:24
Honorable 1389:18
hookless 1660:9,19
hope 1426:20 1461:14
horizontal 1545:18
1592:24,24 1593:11
horseback 1445:2
host 1582:24 1583:23
1650:6
hot 1405:1
hour 1425:7,19 1426:12
1429:13,17 1430:14
1431:4 1432:19 1433:22
1434:1,6,7,10 1438:5
1443:5
hourly 1425:5 1428:5,9
1428:13 1429:1,15
1430:1 1432:23 1433:16
1434:2,25 1439:19
hours 1425:18,20 1430:2

1432:25 1433:10,11,13
1433:13 1436:14
1441:14 1443:3 1498:15
1530:16 1532:16
house 1437:9,12
housing 1613:18,20
Howards 1491:16
huge 1554:12 1655:24
human 1492:15
humans 1437:19 1499:21
1536:19
humidity 1418:19
1419:22
hundred 1591:8 1593:23
hundreds 1455:6
1654:11,14
hundred-meter 1459:5
Hungary 1613:1
hunters 1489:19
hurt 1625:14
hydro 1490:13
hydrogeologic 1550:4
hydrogeological
1581:25 1586:1 1600:16
hydrogeologist 1550:3
1551:20 1581:23 1582:5
1582:18
hydrogeology 1537:12
1566:5 1584:5 1585:8
1600:17
hydrological 1593:20
hydrology 1565:8
hyperlinks 1447:5
hypothetical 1556:20,23
1591:6
HySplit 1423:4 1436:20
1437:3,6
I
ice 1534:24
Idaho 1582:4
idea 1404:23 1405:7
1416:21 1445:25
1448:22 1449:12 1460:1
1549:2 1572:4,7
1614:25 1615:1 1626:9
identification 1626:19
identified 1496:4,6
1507:24 1508:2 1511:3
1533:16 1550:10
1607:21 1609:11,24
1610:1,2 1620:19,22
1622:23
identifies 1569:15
1620:17
identify 1405:1 1524:2
1619:18
identifying 1606:16
1620:15
images 1599:10
immediate 1403:22,23
1403:25 1404:19
1445:15
immediately 1428:21
1440:1 1448:16 1596:7
1596:8
immigration 1582:2
1623:8
impact 1423:15 1441:18
1444:23 1448:12
1471:16 1472:24 1480:2
1490:8 1494:24 1505:9
1574:11 1582:23
1615:17 1618:4 1619:25
1628:12,17,25 1632:22
1656:6,24 1660:3
impacted 1478:23
1494:17
impacts 1397:12 1400:22
1417:16,20 1419:15
1465:3 1470:20 1471:1
1471:4,9,18 1498:17
1561:25 1622:19 1623:7
1625:3 1632:9 1641:8
1641:16 1645:4 1656:11
1659:16 1660:14
impede 1495:16
impermeable 1588:4
1593:19,21
impinging 1439:11
IMPLAN 1619:10,15,16
1619:23 1620:1 1622:7
1641:20,24 1642:5
1643:3
IMPLAN's 1620:16
implementation 1583:7
implies 1395:16
importance 1518:25
1519:24 1520:5 1537:3
1590:16
important 1426:15

1441:20 1444:25
1446:11 1448:4 1453:17
1506:16 1509:12 1519:4
1527:25 1537:5,19
1558:13 1630:5 1631:14
1633:22 1639:17,20
1640:2,4 1658:13,13
imposed 1401:19
1539:19
impossible 1424:4,6
1544:25 1561:3
impoundment 1558:5
1558:12 1559:17 1597:9
impressive 1432:18
improve 1490:21
1653:10
improved 1526:3
improvement 1519:3
1610:15
improvements 1522:20
1537:25 1540:5,8,21,22
1541:2,6
inaccessible 1657:10
inadequacy 1504:22
inadequate 1421:9
1473:24 1497:17 1499:8
1504:20 1617:21
1660:18,22 1661:3
inappropriate 1541:4
inartfully 1531:14
incapable 1659:23
inch 1483:8
inches 1483:2,2 1521:13
1531:11 1575:22,24
incident 1403:25
1443:16
incidents 1433:10
include 1404:3,7 1444:6
1456:6 1465:11 1496:14
1624:23 1645:1,2
1648:4,7
included 1395:13 1400:5
1417:24 1498:7 1499:13
1532:13 1613:14
1617:22,24 1619:3
1621:8 1622:12 1624:8
1624:9,11 1626:11
1638:11 1639:10
1647:17
includes 1402:13
1522:13 1523:17
1544:21 1612:18 1619:4

1620:11,19,23 1621:23
including 1404:6,14,17
1439:2,20 1442:20
1443:8 1465:4 1517:4
1549:9 1600:24
incoherent 1449:13
inconclusive 1625:8,18
1626:22
incorporate 1520:1
1574:14 1613:5
incorporated 1459:11
1519:2 1522:19 1533:5
1537:9 1539:25 1577:12
1621:9,22 1642:7
incorporates 1523:9
incorporation 1612:24
incorrect 1529:17
1531:18 1660:13
increase 1444:9,11,14
1445:1 1446:8 1570:2
1645:5
increased 1438:14
1441:6 1443:25 1569:23
increases 1431:5 1436:10
1482:16
increasing 1492:13
incredibly 1489:25
independent 1424:11
1447:9,23 1463:14,20
1465:4 1466:13 1467:3
1471:22 1472:8 1658:6
Indiana 1406:14 1407:2
Indians 1654:12
indicate 1651:17
indicated 1396:8
1415:12 1452:1 1517:17
1525:16 1533:4,13
1534:13 1543:23
1544:11 1551:25
1553:22 1554:11 1573:7
1595:22 1624:19
indicating 1518:10
1589:21 1603:22
indication 1545:22
1596:2,11 1634:5
individual 1421:20
1607:17
individuals 1607:17
1651:8
industrial 1613:16
1615:20
industrialized 1490:1
industry 1487:24 1488:3
1502:5 1503:9 1514:3
1514:13 1518:16,19,23
1519:25 1521:16 1523:3
1523:4 1540:17 1543:2
1615:23 1623:9
inferior 1521:3 1538:25
infiltration 1574:5,18
1575:3
inflows 1584:1
influence 1532:6
1583:24
influences 1494:10
inform 1459:10
information 1403:21
1404:6 1424:12,18
1425:10 1426:3 1436:11
1447:1 1454:1,9
1474:11 1483:6 1499:2
1527:13 1545:2 1569:23
1586:5 1599:12 1600:24
1626:11 1627:14
1631:13,23 1632:7
1633:4,10 1634:19,25
1635:6 1636:6 1637:8
1638:11 1649:5 1652:6
informed 1601:25
informs 1480:7,7
Infrastructure 1513:15
infused 1657:3
inhibit 1646:5,9
initial 1404:1 1525:11
1577:10 1578:24 1607:9
1610:2
initially 1396:3,4
1587:20 1588:21 1612:5
injection 1602:14
injured 1404:20
injuries 1404:17
inn 1640:3,9 1657:22
input 1474:21 1480:15
1621:14
inputs 1418:4 1619:14
1620:9 1621:17 1642:20
1642:25
inquire 1475:15 1507:12
inquired 1475:16
inquiring 1642:19
inside 1429:10,10,14
1548:21
insignificant 1574:22
insist 1409:25
inspect 1465:6 1466:4
inspected 1401:25
inspection 1534:8
inspections 1466:9
inspiring 1450:20
install 1525:8
installation 1524:1,3,8
1524:11,23 1525:12,18
1536:22 1566:25
1568:22 1569:8,11,12
installed 1533:14 1537:8
1567:2 1585:24 1586:1
1598:1 1602:5
instance 1423:14
1444:12 1527:16 1632:4
instances 1432:24
1625:19
INSTARR 1494:2
Institute 1494:1 1512:24
1545:16
instrumentation
1458:19,21
insulting 1657:6
integral 1406:22 1607:11
integrity 1582:23
1602:13,18
intend 1470:8
intended 1464:2
intensity 1499:1
intent 1405:23 1459:9
1510:15
intention 1470:3
interaction 1438:10
1557:17 1585:3
interannual 1419:20
interest 1389:17 1391:3
1418:3,7 1422:10
1449:24 1480:20 1506:1
1652:20
interested 1449:19
1458:13 1662:14
interesting 1506:13
1561:5 1568:18 1652:7
1652:21 1654:20
interests 1652:25
internal 1559:9
international 1448:18
1584:23 1585:1 1612:12

1623:17
Internet 1641:23
interplay 1564:6
interpret 1476:18
interpretation 1626:21
interrupt 1422:15
1427:17 1558:16
1618:16 1619:22
interrupted 1416:11
interstitial 1588:11,12
1590:4,4,12,17 1591:2
1591:11,16 1593:9
1597:21
interval 1433:11
intervening 1518:1
1539:22 1592:9
interview 1629:7 1630:1
interviewee 1653:22
interviewing 1643:8,12
interviews 1621:2
1623:14 1625:10
1626:23 1629:6
intimation 1458:22
intramonthly 1484:16
introduced 1520:3
introduction 1453:22
inversions 1435:11
invest 1657:24
investigate 1463:14
1465:8 1466:5,14
1604:2 1607:15
investigating 1495:10
1590:7
investigation 1484:8
1495:15 1567:24
1593:20 1603:11,14,15
1603:24
investigations 1586:15
investment 1612:25
1613:6
investments 1613:19
1657:17
invigorating 1652:21
invitation 1449:25
1505:23 1506:7
invited 1505:17
inviting 1449:24
involve 1448:24
involved 1440:21
1446:17 1447:3 1448:17
1448:19 1449:10,19
1450:17,20 1453:23
1463:8 1473:24 1513:25
1517:2 1542:4 1558:10
1559:8 1566:1 1574:16
1577:8,10,11 1585:6
1586:18 1640:24 1641:4
1641:7,10 1652:18
1653:18
involvement 1394:23
1562:7 1582:17 1585:3
involving 1445:16
1470:20 1527:8,11
1550:6
in/garbage 1642:16
1643:2
ionic 1529:24
ions 1527:7
irrelevant 1560:6
1563:12 1573:17,24
1579:6
irrigated 1432:4
isolation 1582:19
ISR 1514:4
issue 1394:18 1454:17
1455:24 1458:15 1461:6
1472:12 1499:6 1533:1
1534:3,25 1563:11
1570:20 1623:1 1651:1
issued 1399:10 1454:11
1480:2 1550:8 1563:25
1606:15 1655:12
issues 1399:13,14,25
1416:22 1455:1 1462:9
1469:19 1478:8 1517:15
1535:1 1538:15 1554:12
1578:20 1658:9,19
1660:2,15 1661:4
items 1515:5 1528:10
1647:17
I-M-P-L-A-N 1619:24
J
JAG 1389:2
James 1390:2
Janet 1389:21 1647:22
1662:4,20
January 1505:13,15
1513:10,14
JD 1467:14,16
Jeff 1477:18
JEFFREY 1390:12
Jerry 1390:21
job 1445:20 1536:4
1552:15 1582:20 1583:6
1645:4
jobs 1500:3 1618:25
1619:5,9,12,14,17,19
1620:2,3,5,7,10,16
1621:12,20,21,23,24,25
1622:3,4,5,8,11,20
1626:7,20 1631:3,3,6,9
1645:10
Johnson 1647:22,22,24
1648:3,9
joined 1493:8
journal 1472:14 1642:3
journey 1498:14
Juan 1489:16 1492:9,11
1494:16 1498:4 1620:20
1629:1,2 1631:8
judge 1414:3 1428:15
1463:25 1475:11,19,23
1500:21 1605:12
1652:23,24 1656:8,22
1659:1,2 1661:2
JUDICIAL 1389:1
jumps 1451:8
junction 1421:16 1437:9
1441:2 1457:14 1558:5
1558:7,9 1559:1 1560:3
1560:5 1561:4,17,18
1644:2,8,22
June 1504:1
J.C 1492:13
K
k 1565:22 1566:6,9
Kazakhstan 1514:5
keep 1447:6 1458:8
1477:11 1482:19
1483:19 1484:22 1493:7
1501:24 1518:23
1569:18,19 1659:6
keeping 1484:3 1554:24
1580:4
kept 1402:3 1479:8
1654:3 1659:24
Kerner 1545:14,15
key 1509:13 1620:15
KGL 1398:2,10
KiA 1566:5
kids 1450:22 1489:12
1575:21
Kim 1507:21 1512:11
1513:1 1594:3
Kimberly 1392:12
1393:8 1510:21 1512:5
1512:8
kind 1408:17,19,21
1415:24 1436:11
1466:21 1472:20
1476:22 1480:15 1486:2
1488:15 1509:7 1515:15
1565:3 1567:4 1591:22
1596:22 1631:17
1647:13
kindly 1429:15 1485:2
kinds 1434:12,14
1448:23 1467:7 1472:15
1477:2 1479:2 1506:12
1545:21 1597:15
1601:20 1658:12
Kleinfelder 1429:16
1450:25
knew 1409:23 1474:21
1606:18 1609:21 1654:1
knocking 1502:19
know 1398:10 1408:16
1422:11 1425:25 1427:3
1429:2 1431:6,6 1433:3
1434:11,19 1437:9
1442:4,8 1443:15
1446:22 1453:8 1455:11
1456:1 1459:1 1460:5
1461:10 1468:14
1470:12 1471:3,9
1472:16,17 1474:20
1475:1,2 1476:24,24
1481:8 1483:2,4,7,22
1484:21 1485:2,15
1487:16 1488:21
1502:21 1503:4,7
1504:14 1505:3 1506:12
1509:7 1510:3 1533:25
1541:11 1542:3,5,7,8,10
1542:10,11,11,23
1543:22 1547:16,22
1548:21 1549:5,6
1555:16 1556:1 1559:7
1559:8 1560:10 1563:4
1564:10 1567:20 1568:7
1568:10 1571:14
1573:12 1574:25

1584:21 1596:13,20
1607:4 1609:9 1622:6
1628:25 1629:9 1631:3
1631:7,16 1633:12
1634:4,25 1635:15,17
1635:20 1638:22,22
1639:1,9,9,11,21
1641:13,23 1642:5,19
1645:13,14,15 1648:1
1653:4 1659:6 1660:22
knowing 1650:16
knowledge 1438:9
1471:10 1481:2 1483:20
1483:22 1500:12
1505:16,19 1506:10
1520:19 1586:16 1615:5
1642:12,15
known 1438:11 1441:23
1442:19 1535:25
1612:13 1654:5
Krakow 1581:12
kurtosis 1439:21
L
L 1392:6,19 1416:12
1608:17
La 1426:24 1435:19
1441:2
Lab 1451:25
label 1483:14
labeled 1401:5,6,7
1402:19 1403:1,6
1465:2
laboratories 1448:21
1583:21
Laboratory 1451:22
1583:18
labs 1451:20
lack 1499:2 1557:1
1582:23 1656:6 1658:7
lacking 1660:12
lacks 1497:6,8,10
laden 1445:10
lag 1596:9
LaGrangian 1424:2
laid 1537:23 1655:10
Lakewood 1390:7
land 1432:4 1490:9,21
1614:10 1615:21 1629:3
1629:4,9,17,23
landmark 1654:11
lands 1413:9,10 1490:15

1490:20 1613:16
landscape 1434:15
1440:10 1490:1
language 1466:12
1504:21
large 1424:20 1434:16
1443:17 1444:1,15,23
1448:18 1551:6 1554:21
1558:23 1583:22
1643:14 1644:25 1645:8
larger 1397:13 1410:15
1438:9 1531:11 1645:4
lasted 1436:14
lasting 1433:9 1443:2
1544:8
lasts 1434:2 1544:9,10
1567:4
late 1425:15 1453:14
1539:17 1577:1 1635:16
1635:18
latitude 1416:1
laude 1512:22
launch 1576:15
law 1390:10 1404:14
1464:1 1659:9
laws 1465:9,10,12 1466:6
1466:8,15 1656:1
lawyers 1481:5 1648:23
1652:24
lay 1472:3
layer 1421:5,14 1518:2
1521:12 1522:14
1524:20 1539:22
1560:24 1561:1,6,8,13
1567:15 1568:4 1588:5
1593:19,21
layering 1592:23
layers 1522:13 1594:5
layperson 1496:19
leach 1514:1 1521:10,11
1521:17 1544:8
leachate 1529:18,20
1530:4,5,8,17 1548:11
leachates 1548:9 1549:11
lead 1516:24 1583:18
1609:13
leaders 1623:15,15
1625:11 1643:20
leak 1517:13,14 1518:1
1522:14 1523:25 1525:5
1525:24 1526:5 1535:15

1536:7 1539:22 1542:17
1542:19 1545:17
1566:14,14 1567:5,13
1567:15,17,20 1568:3
1568:11 1574:2 1593:13
1594:14,14 1596:15
leakage 1402:2 1459:25
1526:25 1527:1,11
1567:25 1568:2 1590:19
1590:21 1591:16,17,24
1592:6,16,21 1593:10
1594:4,7 1596:24
1597:6,9 1602:10,18
leaking 1520:16 1545:19
1551:18
leaks 1404:1 1537:15
1596:17 1602:3
leak's 1566:15
leap 1468:20
learning 1565:2
leasing 1456:3,7 1475:8
leave 1489:22 1535:10
1650:12
leaving 1401:21,22
1444:5
led 1485:3 1613:2
1659:11
Lee 1389:21 1393:3
1451:2 1580:11 1662:4
1662:20
left 1467:17 1500:19
1513:2 1516:23 1559:18
1588:10
legacy 1488:1 1518:22
1538:3,11,15,17,20,24
1541:5
legal 1390:5 1449:14
1452:7,9 1466:21
1475:12,18,22 1476:5
1478:25 1480:16
1495:16 1522:2,7
1618:7
legitimately 1635:21
legs 1658:15
length 1458:20
lesser 1499:12
letter 1493:23 1497:14,21
1523:13 1531:19 1537:7
1552:19 1565:7 1609:3
1610:11
letters 1493:9,10
letting 1556:2
let's 1424:7 1427:22
1429:12,14 1433:21
1434:1,9 1439:5
1456:23 1459:15 1473:7
1512:17 1529:11 1531:3
1533:1 1534:3 1567:3
1576:6 1577:21 1586:18
1587:3 1589:6 1590:8
1592:5 1597:5 1602:9
1649:24,25
level 1421:8 1432:13,16
1496:3 1506:1 1513:9
1542:12 1555:11
1576:13 1603:22
levels 1405:4 1495:12
1496:2,5,10,13 1604:12
1604:12 1636:24
liberated 1588:17
license 1389:6 1394:17
1394:18 1397:3,11
1398:3 1399:10,13,14
1436:4 1452:25 1456:19
1491:4 1495:21 1496:21
1496:25 1533:10 1535:2
1552:2,7 1563:25
1585:4 1610:16 1626:15
1655:11 1656:12 1661:7
licenses 1447:2
licensing 1397:8,15
1422:13 1442:7 1443:19
1444:24 1448:8 1452:2
1493:19 1496:18
1516:21 1517:3 1533:23
1574:14 1581:19 1655:8
1655:10
licensing/permitting
1442:15
lies 1437:4 1498:16
life 1400:4 1420:8
1435:21 1440:9 1448:14
1448:25 1458:23
1527:15,16 1537:2
1545:16
lifetime 1557:3
light 1499:5
lightbulb 1432:1
lights 1654:14
light-reflective 1524:6
1540:1 1569:3

limit 1422:5 1427:1

1464:2 1518:10 1524:14
1529:7,25 1531:22
1535:20
limitation 1460:18
1596:23
limitations 1417:25
limited 1396:24 1397:17
1401:18 1422:1 1467:7
1487:19 1532:24
1555:11 1574:5 1576:16
1591:23 1614:6 1615:5
1615:22 1625:8,21
limiting 1500:18 1518:4
1520:11 1522:22,23
1573:1
limits 1401:24 1444:8
1532:10,17 1535:4
1646:17
Lincoln 1390:3
line 1399:1 1405:22
1406:2 1420:18 1430:7
1430:11 1437:5 1465:20
1465:21 1474:2,7
1479:18 1582:6
liner 1514:12 1517:15,19
1517:20,21,22,23,25
1518:5,15,18,21,24,25
1519:2,3 1520:5,6,7,8
1520:10,20,23,24
1521:2,4,5,6,8,11,12,14
1521:15,25 1522:16,21
1522:22 1523:2,2,5,5,6
1523:16,20,23 1524:5
1524:15,17,19 1525:11
1527:2,12 1529:15,22
1535:17,18,21,23
1536:11,14,18,21
1537:1,11 1538:13
1539:1,3,7,13,18,21
1540:15,22 1542:17,19
1544:7,10,13,15 1545:3
1545:23 1546:19
1547:18,21 1548:6
1552:22 1553:21,22,24
1556:9 1560:11 1566:25
1568:2 1569:4 1570:16
1573:20,23 1574:15
1590:20 1591:25 1592:7
1592:16 1593:13 1594:4
1594:5,14 1596:24
1602:10
liners 1517:13,14,18
1519:5,6,25 1520:1,1,3
1520:16 1521:3 1525:5
1525:8,24 1526:5,24,24
1527:8 1535:14 1538:21
1544:22 1545:17,19
1565:18 1573:4
lines 1404:18 1437:10
1628:2
lining 1566:21
linings 1566:13
link 1454:21 1456:19,20
linked 1492:14 1649:3
liquid 1571:20 1572:10
1572:16,18,20
liquids 1536:4,13 1557:2
list 1429:16 1456:18
1508:13 1510:10,16
1579:4 1609:11,17,23
listed 1510:10,11,21
1514:7 1608:16 1610:23
1611:6
listen 1413:20 1517:7
1561:15 1617:14
listened 1487:13 1514:25
1520:13 1579:8 1653:14
listening 1493:12
1585:16 1599:16
lists 1409:8,9 1607:16
1609:21
literally 1488:24 1492:5
literature 1429:18 1436:1
1436:23 1592:21 1623:4
1623:6 1626:22 1627:7
1628:20 1632:16
lithostatic 1588:24
1589:4 1598:15
litigation 1503:21
little 1406:18 1408:10
1420:16,21 1428:23,25
1432:1,10,17 1433:18
1437:11 1438:10 1448:7
1450:13 1451:11,14
1454:17 1474:4,18
1482:6 1488:18 1491:13
1499:5 1505:10 1525:15
1542:15 1550:23
1565:25 1574:6,17
1575:21 1621:13
1624:16 1640:16 1644:6
live 1416:17 1425:1

1474:12 1481:6 1488:25
1489:14,16 1512:1
1639:1 1657:20
lived 1488:22,23 1639:20
lives 1621:7
living 1489:11 1657:5
lixiviant 1602:17
LLP 1390:2
load 1402:1
loading 1412:3 1439:25
loads 1534:24
loans 1491:20
local 1401:19 1404:14
1409:3 1418:25 1426:6
1446:6 1463:7 1466:7
1474:6 1623:15,19
1626:24 1636:12
located 1465:4 1467:1
1523:18 1567:24
1586:21 1596:15,15
1604:21 1621:1
location 1550:16,24
1584:2 1587:12,14,15
1593:18,18,24 1596:14
1597:7 1623:13 1628:5
1628:6,7 1635:10
locations 1400:23 1439:9
1590:6 1602:24,24
1625:5 1636:3
lodge 1507:23 1510:17
1510:18 1578:17
loft 1429:2 1432:6,12
1576:18
lofted 1421:4
lofting 1421:14 1425:8
1426:2 1428:24 1429:7
1430:1,8,21,25 1438:6
1477:6
Lone 1645:22 1654:10
long 1421:3 1440:9
1445:22 1446:18 1466:9
1474:9,13 1518:10
1527:24 1544:25
1545:10 1553:15
1559:10 1568:7,12
1573:9 1594:8 1595:17
1595:25 1655:5
longer 1400:17 1434:3
1464:1 1532:18 1545:16
1595:19 1655:20
longevity 1545:8 1573:9

longitudinal 1525:1
long-term 1417:1 1419:8
1526:20 1527:14
1544:19
look 1397:12 1398:12
1400:3 1407:10,15
1411:8 1423:25 1425:11
1426:8 1428:20 1429:14
1430:6 1434:1,8 1446:3
1446:4 1453:12 1454:12
1454:18 1455:15,16
1456:23 1457:11 1458:2
1458:11,21 1459:5,13
1460:1,23 1462:1
1463:10 1468:7,16,20
1473:15 1478:20 1479:4
1480:9 1481:16 1501:22
1538:17 1541:7 1546:2
1549:21 1550:9 1559:13
1559:23 1560:25 1561:9
1564:2 1566:5 1567:20
1575:20 1609:8 1628:7
1630:18 1632:9 1636:1
1636:2 1637:19 1643:14
1651:8 1656:2 1658:17
1658:23
looked 1400:13,22
1431:21 1432:24
1453:17 1455:4,20
1456:6 1459:18,19,22
1462:2,3 1471:2
1473:12,14 1476:16
1479:3 1524:22 1548:9
1548:10,13,15 1568:8
1575:7 1628:24,25
1629:1 1633:7 1638:8
1641:11
looking 1410:18 1411:17
1427:23 1437:12 1443:7
1451:24 1471:7 1545:6
1546:8,19 1552:21
1553:1 1555:10 1559:25
1565:5 1568:10 1609:1
1609:5,9 1613:4
1629:10 1641:7 1654:18
looks 1430:7 1463:19
1631:7
loose 1402:2 1443:7
1511:10 1609:25
1651:23

lost 1467:23
lot 1394:7 1397:15 1416:1
1424:9 1435:7,12
1437:8 1445:24 1446:13
1448:20 1450:3,19
1455:9 1462:18 1472:2
1505:3,10 1545:6,7
1557:17 1566:1
LOUIS 1391:2
low 1431:23 1434:25
1435:13 1487:19 1490:8
1492:8 1495:11 1498:21
1500:8 1517:21 1520:25
1522:15 1524:18 1530:1
1530:17 1560:16
1561:12 1592:10,13
lower 1428:9,19 1434:2
1435:7 1524:20 1527:16
1536:9 1544:12 1576:13
1632:12 1634:5 1635:23
Lucas 1390:3 1392:3,5,17
1394:2,5,12,14 1398:12
1398:15,21 1399:2,4
1400:25 1401:8 1402:16
1402:24 1403:10,11
1405:8,12,21 1406:2
1411:2,5,12,14,18,20
1412:20 1414:23 1415:1
1415:5,8 1528:20
1577:25 1578:14,23
1579:8,15 1580:8
1581:1 1583:3 1584:3
1584:14 1585:2 1594:18
1605:14,16,20 1609:20
1610:17,21 1611:3
1617:12 1637:23,25
1648:20 1649:11
1651:24
lunch 1507:2,10
lying 1449:8
Lynn 1606:5,9,11
1611:22
Lyons 1390:13
lysimeter 1597:11,18,19
1598:5,8
lysimeters 1597:8
1598:13
L-y-n-n 1606:12
M
Maest 1517:11 1526:1
1529:14 1530:13 1531:6

1534:23 1552:14
Maest's 1517:7 1525:4,23
1533:3
magnitude 1521:14
magnitudes 1428:7
main 1389:21 1390:10
1474:1
maintained 1412:7
1651:10,11
maintenance 1395:17
1535:5 1536:23
major 1396:13,14
1416:22 1443:2 1492:12
1509:15 1621:4 1639:8
1644:21
majority 1434:24
1488:12
makers 1617:25
making 1467:14 1480:8
1523:24 1528:16
1657:16
malpractice 1650:24
manage 1488:2
managed 1449:1 1494:5
management 1514:15
1605:1 1612:12 1618:20
manager 1486:25 1487:1
1488:18 1497:22
1516:23
mandated 1521:20,23
1553:20
manner 1424:11 1500:2
1511:6
manufacturer 1535:3
manufacturer's 1524:23
map 1437:12
March 1492:16 1512:25
margin 1467:18
mark 1415:20 1427:7
1492:18 1494:6 1580:10
1580:12,15
marked 1580:22 1611:13
marked-up 1462:22
market 1569:2 1613:18
1621:6 1631:23
Martinez 1475:11,19,23
Mary 1609:12
mascot 1655:4
mask 1633:25
masks 1434:22
Mason 1623:19
masses 1497:18
massive 1508:13
master's 1512:23 1581:10
1581:14 1612:10
match 1446:9 1506:13
material 1399:14
1403:22 1404:23 1405:2
1405:11 1408:16 1410:3
1421:4 1425:8,10
1426:1 1427:2 1432:12
1439:10 1440:3 1443:7
1445:10 1476:20 1493:2
1530:4 1547:19 1549:12
1554:19 1560:2 1568:15
1568:19,20 1597:3
1648:16
materially 1461:5
1525:23
materials 1389:6 1395:18
1397:3 1412:13 1425:12
1440:10 1445:6 1463:18
1477:1,3 1482:24
1515:3 1528:10 1530:2
1536:11 1546:11,15
1547:11 1549:22
1655:11 1656:20
mathematical 1430:16
Matt 1390:16 1525:21
1647:1
matter 1389:17 1480:20
1482:22 1503:8 1530:24
1544:16 1546:21
1551:23 1588:15
1630:20
matters 1515:8
maximum 1429:16
1430:25 1444:3 1496:5
1496:13
mayor 1481:3 1487:11
1488:20
McDonald's 1575:21
McMullen's 1656:8,22
meadow 1645:22
meadows 1645:22
mean 1398:24 1439:20
1479:25 1529:6 1550:25
1567:18 1574:10
1584:14 1601:14
1634:18 1641:18,20
meaning 1598:14
1619:23
means 1474:3 1480:9
1502:18 1539:13
1565:21 1589:17
1652:16
meant 1470:16 1476:18
1558:23
measure 1524:14
1537:15
measured 1496:2
1530:22
measurements 1526:22
1532:8 1598:13
measures 1404:2 1484:2
1525:17 1532:12 1536:2
1537:18 1539:25
1660:15
mechanics 1598:11
mechanism 1492:19
1527:3 1588:7,18
1589:10
mechanisms 1587:24
1588:1
media 1604:19
median 1439:20 1629:10
1629:12 1632:5,13
1634:13
medical 1650:24
meet 1418:7 1466:10
1511:5 1537:20 1554:1
1618:14 1658:4
meeting 1420:4 1493:11
1493:13,14,16 1553:6
meetings 1450:1 1501:9
1553:7,10,12,13,25
1554:2,4
meets 1539:4 1540:10
member 1487:12
1584:22
members 1657:5
membrane 1567:22
mention 1455:19
1464:22 1477:7
mentioned 1409:1
1410:12 1423:8 1430:24
1438:2 1453:7 1455:22
1483:17 1484:8 1502:11
1502:14 1516:9 1523:8
1530:13 1533:18
1568:18 1582:8,13
1596:3 1608:8,15

1626:6,13 1647:17
1653:24
merely 1530:16 1537:20
1563:20
Merriam-Webster
1479:11
mesa 1409:17 1410:15
1419:12 1423:19
1481:11,16 1539:8,10
1539:16 1540:3 1541:20
1541:22 1542:4,5,6,16
1542:21,24 1543:5,6,14
1543:18 1544:4 1560:6
1629:5 1644:12 1645:1
1645:2
mesh 1531:11
messed 1531:6
met 1396:3 1432:23
1541:1 1617:24 1618:1
1618:4,8,11
Metallurgy 1581:12
meteoric 1551:5
meteorological 1418:18
1419:20,21,24 1424:22
1426:6 1429:18 1458:24
1483:6 1494:23 1603:19
meteorology 1418:11
1438:21 1447:12
1470:10
meter 1404:25 1425:6,17
1426:18,20 1565:4
meters 1426:10 1428:23
1429:12 1430:3,9
1431:3,5 1433:20,21
1534:18 1576:6
method 1589:17
methodology 1630:18
methods 1403:25 1404:1
1538:16 1546:5
Mexico 1582:19 1613:17
mid 1539:17
middle 1450:18 1458:25
1465:20 1644:7
Miguel 1399:6 1401:12
1408:18 1409:17
1411:15 1437:10
1454:19 1463:13,19,22
1466:8,13,22 1467:2,4,7
1468:2 1477:19 1479:7
1479:9 1489:6 1490:17
1490:18 1491:17 1492:3
1494:2 1495:2 1496:1

1501:15
MILDOS 1420:14,14,17
1421:2,7,9 1424:10
1451:17 1452:1 1473:21
1474:2,5,8,19 1484:12
1498:5 1499:6
MILDOS-AREA
1497:16,19
mile 1430:14 1438:5
miles 1410:10 1416:17
1420:25 1421:5,16
1425:7 1426:11 1429:13
1431:4 1432:19 1433:22
1434:7,10 1443:4
1455:6 1491:7 1492:2
1494:8 1498:1 1625:22
1626:2 1634:17,19
1654:11,14
mill 1389:6 1394:15,20
1396:2,11 1397:4
1400:4,14 1401:22
1402:13,15 1406:9,10
1406:13,24 1407:19
1409:18,24 1410:9,11
1410:11,23 1416:19
1417:6,24 1418:24
1419:11,19,24 1420:18
1420:24 1421:1,4,10
1422:11 1426:23
1435:13,18 1436:3,7,13
1436:18,25 1437:5,7
1438:1,14 1439:1,10
1440:8,11,23,24 1441:1
1441:13,16 1442:5,17
1442:25 1443:14,18
1444:1,16,18,24
1445:15 1446:7 1448:2
1448:14,16,24 1449:11
1452:2,25 1454:22
1458:19,23 1471:2,12
1474:7 1477:10,11
1478:22 1484:5,12
1487:8,14 1488:8
1491:4,6,9 1493:4,18,21
1494:18 1499:15
1500:20 1501:24 1505:7
1535:1 1539:8,11,16
1541:18,18 1542:16,21
1542:24 1543:7,14,18
1548:23,24 1549:8,15
1559:17 1560:7 1561:7

1561:10,12 1563:25
1585:4,19 1593:24
1618:24 1619:1,6,10
1621:17,22,24 1622:14
1622:19 1623:13
1625:12,13,25 1626:21
1629:5 1631:4 1633:6
1640:4 1641:6 1646:6,9
1646:10 1647:16
1654:13 1655:12
1657:13 1658:2 1659:10
1661:4
milling 1465:3 1471:12
1514:4 1518:16 1623:5
million 1398:4,7 1399:10
1632:10 1634:9
millions 1424:3
mills 1520:17 1618:3
1625:4 1656:25 1659:11
mill's 1659:16
mind 1540:18 1600:13
mine 1394:22 1395:7
1400:2 1401:6,21
1412:2,25 1413:6,15
1440:24 1441:12,14
1465:2 1471:2 1496:8
1513:24 1581:25
1582:24 1583:18 1584:1
mined 1582:1
Minerals 1390:10
mines 1417:10 1435:17
1441:11 1455:24 1465:3
1465:5,24 1467:1,4
1477:11 1490:22
1581:23 1582:4 1625:4
1625:9 1659:11
minimize 1460:8,11
minimized 1487:18
minimizing 1500:18
minimum 1444:5 1478:4
1478:13 1489:2 1522:12
1537:24 1541:5
mining 1390:12 1441:21
1471:11 1489:4 1514:4
1514:13 1518:16,18
1519:25 1521:18
1540:17 1581:11,21
1584:24,25 1613:15
1623:5 1636:20 1645:25
1658:12,16
Ministry 1613:7
minnow 1610:13
minor 1396:13,16
minority 1488:12
minus 1519:8 1566:8
1592:10 1593:1,2,6
minute 1413:25 1416:3
1424:9 1504:14 1518:12
1608:25 1653:22
minutes 1427:22 1428:25
1429:8,13 1433:22
1444:18,19 1469:2
1551:21 1577:21
1637:10
mislead 1633:25
misleading 1657:6
missed 1453:16,22
mission 1488:7 1653:6,9
Missouri-Rolla 1512:22
misstate 1526:17
mistake 1565:20,21
mistaken 1624:20
mitigate 1460:8 1461:6
mitigates 1525:23
mitigation 1424:13
1461:11 1484:2 1660:15
mix 1438:15 1659:25
mixture 1432:4
Moab 1558:12,22
model 1420:15,22,23
1421:9,11,19,21 1422:1
1437:21 1443:12
1451:14,17,17 1452:1
1452:16,21 1474:2,10
1497:16,17,20 1619:10
1619:15,16 1621:9,22
1621:23 1622:7 1623:11
1641:19 1642:2,8,20
1643:6
modeling 1416:23
1422:12 1423:3 1424:10
1436:3 1439:14,17
1447:12 1456:23
1497:18 1575:2
models 1417:2,4,6,8
1420:12,13 1423:3,8
1424:2,7,15 1435:4,25
1439:3,7 1441:10
1442:21 1471:3 1473:23
1477:4 1484:13 1504:8
1642:15 1643:4

modicum 1447:21
module 1437:23
modules 1471:12
moist 1483:19 1484:3,22
1588:16 1594:12
moisture 1554:17
1588:11,12,13,16,18
1589:9,13 1590:4
1591:22 1596:11
1597:21,21,23 1603:9
moment 1650:19
momentarily 1518:9
momentum 1439:13
money 1460:3 1481:5
1621:19 1626:9
monitor 1463:14 1501:12
1501:18 1534:19 1537:8
1537:10,15 1597:21
1604:10
monitored 1551:17
1593:9 1602:3
monitoring 1395:3
1439:24 1468:1 1497:9
1497:12 1501:23 1533:5
1533:6,9,14,15,20
1534:1 1537:4,5
1545:18,21 1546:4,8,23
1546:24 1547:1,2,20,23
1550:9,12,15 1551:25
1552:2,12 1585:23,24
1586:25 1587:1 1589:8
1590:12,18 1591:24
1595:16 1597:7 1602:6
1602:6,9 1605:2
Montana 1612:20 1613:9
month 1408:10 1439:19
1568:13 1649:12
monthly 1395:1 1419:7
1424:15,16,20 1434:22
1439:20 1474:24
1484:14
Monticello 1629:5,14
Montrose 1409:16
1416:16 1477:15,18
1481:15 1516:5 1619:8
1619:13 1620:20,24
1621:8,8 1631:6,8
1643:22 1644:22,24
1645:8,9
moon 1654:9
Moore 1390:5 1392:20
1392:21 1507:7 1605:25

1606:2 1607:8 1608:7
1608:12,19 1609:5
1611:21 1612:2 1613:23
1616:9,21,24 1617:1,8
1617:13 1618:10,15
1621:13 1623:24
1624:18 1625:2 1627:2
1644:13,15 1646:2,13
1647:6
morning 1394:6,7
1450:11,12 1461:16
1482:12 1503:17
1514:25 1554:11
1647:15 1653:3
Morrison 1392:12
1507:22,24 1508:9
1509:20 1510:21 1512:5
1512:8 1513:17 1514:18
1515:22 1516:19
1518:13 1587:8 1594:3
Morrison's 1393:8
motions 1509:11 1511:15
motorcycle 1408:13
1441:8 1445:3
mountain 1390:14,16,18
1426:24 1497:2,18
1508:1 1509:14 1579:11
1580:10,12,24 1607:14
1609:23 1610:4 1632:21
1657:5,23
mountainous 1498:9
mountains 1435:19
1489:16 1492:9,11
1494:12,16 1498:4
move 1399:2 1451:9
1453:6 1459:15 1476:5
1524:16 1529:11 1533:1
1534:3 1551:4,10
1559:19 1590:1 1591:16
1594:15,16 1622:3
1639:24 1651:1 1661:7
moved 1430:10 1481:10
1490:25 1513:4,7,11,14
1606:22
movement 1551:1
1592:20
moves 1551:9
moving 1397:19 1398:25
1399:18 1411:25
1464:25 1507:17
1559:25 1608:4 1660:16

multi 1448:24
multidisk 1401:1
multifamily 1613:19
multimillion 1489:9
multipage 1478:19
multiple 1422:5
multipliers 1642:7
multiply 1642:25
municipality 1489:8
1506:15
muted 1584:13
muting 1582:12
mutually 1453:16
MW-2 1550:10,18 1587:5
1603:16
MW-9 1595:21 1601:5
mythology 1658:3
N
N 1392:1 1393:1 1394:1
name 1395:16 1401:15
1403:21 1416:7 1423:4
1448:6 1486:21 1512:7
1578:5 1606:7,10
1647:22
national 1451:20,21,25
1526:14 1527:20
1562:13,15 1583:20
1618:2
nations 1426:13
natural 1448:6 1583:8
1659:23
nature 1448:3 1492:15
1657:10
Naturita 1435:16 1439:2
1441:4 1491:18 1638:20
NCAR/UCAR 1426:3
near 1405:3 1406:9
1424:25 1561:3 1576:7
1644:8
nearby 1426:24
nearest 1420:19 1421:15
nearing 1514:19
nearly 1434:21 1491:19
1521:5 1522:21,23
necessarily 1397:9
1403:18 1478:6 1546:18
1603:4
necessary 1421:24
1446:15 1449:12,14,22
1472:17
necessitated 1554:24
need 1403:18 1414:11
1427:12 1472:19 1475:2
1477:5 1556:23 1561:14
1568:6 1569:15 1578:16
1615:1 1621:4 1627:19
1637:3,3 1649:14
1650:1 1653:5
needed 1444:7 1508:24
1511:12 1559:11
needs 1437:20 1442:4
1471:21,25 1501:23
1534:1 1569:21 1630:22
1653:16
Neff 1492:13
neglect 1438:25
negligible 1574:6,12
1575:4
negotiated 1606:23
neighbors 1420:19
NEPA 1446:24 1613:15
1614:17 1615:15,17,25
1616:1 1618:4
nervous 1487:21
NESHAP 1564:5
NESHAPs 1517:5 1562:6
1562:7,9 1563:10,18
netting 1531:3,10,12,16
1531:21,25 1532:5,10
1532:17 1534:22 1535:3
network 1457:15
Nevada 1440:17
never 1398:11 1455:9
1509:15 1575:10
1609:11,16 1624:2,3,3
1624:16 1638:17 1640:6
1646:16
nevertheless 1589:24
1594:6
new 1398:9 1399:1
1400:16 1418:15 1424:4
1448:6 1478:25 1481:5
1582:19 1613:17 1622:3
1658:15
news 1408:10
NGOs 1613:21
nice 1458:24 1483:6
1655:4
nicer 1636:14
night 1399:19 1425:15

1435:11 1443:6 1487:10

1652:22
Nitrogen 1492:20
NOAA 1418:12,22
1457:15
NOAA's 1436:20
noise 1571:2 1654:15
nongovernmental
1613:21
nonlawyer 1653:1
nonradioactive 1494:18
nonsensical 1627:22
normal 1416:23,25
1418:12,14,15,15
1419:2 1424:25,25
normally 1511:17,19
normals 1418:17
north 1416:17 1433:5
1440:19 1623:18
northern 1586:21,22
northwest 1436:25
Norwood 1416:18
1420:20 1423:18 1437:4
1437:10,16 1439:1
1445:4 1471:8 1481:1,6
1481:11,13 1490:5
1644:4
Notary 1389:25 1662:6
note 1419:1 1426:15,22
1431:13 1432:2 1436:13
1437:4,15 1438:24
1439:13 1457:18
1467:17 1468:23 1519:4
1528:17 1537:19
1565:17,17 1611:15
noted 1415:13 1446:12
1460:1 1519:25 1567:14
1570:5,8
notes 1451:24 1454:3
1637:11,16
noteworthy 1607:2
notice 1389:16 1465:1
1480:3 1589:20 1656:17
noticed 1460:6 1492:10
1589:22 1609:17
notified 1405:6
November 1389:4,19
1491:2 1493:24 1497:15
1499:19 1508:12,13
1509:1,5 1515:25
1516:10 1517:16
1523:13 1531:19 1534:9

1534:22 1537:6 1550:9
1553:5 1606:20 1607:10
1608:1 1616:15 1649:12
1661:11 1662:17
no-liner 1520:23 1538:4
NRC 1446:23 1452:2
1497:16 1618:2,20
1656:13,16
Nucla 1389:21 1419:2,8
1419:12,13 1435:16
1439:2 1457:19,21
1512:11 1638:20 1659:3
nuclear 1451:19 1618:17
1618:19,20
number 1400:4 1410:7
1435:1 1444:9,17
1472:1 1474:1 1475:15
1481:9 1501:9 1520:16
1530:3 1532:12 1543:13
1543:16 1545:20 1546:3
1553:7,13,22 1558:11
1559:8 1569:1,9 1598:5
1618:25 1619:12 1620:5
1622:8,10
numbers 1574:17
numerous 1488:15
1526:13
O
O 1394:1
object 1398:8 1406:1
1452:7 1464:18 1465:14
1468:9,25 1475:14
1508:8 1522:1 1528:9
1618:7 1623:22
objected 1405:24
objection 1398:25
1405:21 1414:22 1415:2
1415:3,4,17 1466:19
1467:22 1507:23
1508:19 1510:17
1515:17 1528:17
1555:24,25 1577:19
1579:18,19,25 1606:15
1611:15 1614:2 1617:5
objections 1496:21
1516:12 1578:17
1606:25 1607:1 1616:3
objective 1583:21
obligation 1650:2
obliterated 1485:2
observation 1534:8,16
1633:15
observations 1425:4
1453:4
observed 1419:21
1588:21 1590:6,15
observers 1432:1
obtain 1407:18 1421:20
obtained 1418:23 1426:2
1549:8
obvious 1431:14 1444:22
obviously 1400:16
1407:17 1409:4 1428:7
1431:23 1462:21
1487:14 1533:21
occasion 1550:23
occasionally 1457:13
occur 1429:7 1432:14
1436:13 1442:25 1443:5
1552:4 1596:17 1619:20
1620:10,18,22 1622:21
1622:22,22
occurred 1406:11
1433:12 1500:11
occurrence 1586:7,9
1588:6 1592:3 1594:9
1596:10 1600:25
occurrences 1435:1
1582:21 1603:9
occurring 1434:10
1596:25
occurs 1413:10 1567:17
1588:3
October 1479:16,21
1499:4 1606:17 1662:18
offer 1406:8 1427:12
1486:14 1489:21 1510:7
1512:15 1516:7 1544:2
1551:14 1584:4 1617:1
1628:16 1647:11
offered 1493:18 1508:17
1632:18
offering 1522:2 1528:4
1529:4
office 1390:21 1418:1
1449:2 1451:2 1457:14
1618:20
officer 1394:2 1398:19
1405:10 1406:4 1408:2
1408:4 1413:24 1414:4
1414:9,13,18,22,24
1415:16,19 1416:3,6,7
1416:10 1422:22 1427:7
1427:11,17,21 1447:6
1450:5,8 1452:10
1456:10,15 1462:8
1464:21 1465:17
1466:19,23 1467:11
1468:11,18 1469:1,3,5
1469:25 1475:20 1476:6
1478:10 1481:21,24
1485:17 1486:11,17,20
1486:21,24 1502:23
1504:13 1506:17,21
1507:1,4,6,10,14,19
1510:25 1511:9,24
1512:4,6,7 1514:20
1515:18 1516:11,17
1519:13 1522:5 1528:17
1529:2,6 1535:9
1540:20 1541:12,24
1551:22 1555:22
1556:12 1557:6 1563:4
1563:13 1564:13 1566:3
1570:23 1575:17,19,22
1576:1,21 1577:1,17,23
1578:1,4,5,7,9 1579:13
1579:17,23 1580:3,9,21
1580:25 1583:1 1584:7
1584:11,17,20 1594:19
1594:23 1598:19 1599:1
1605:9,11,13,21,25
1606:3,6,7,10,13
1607:16 1608:18,20,25
1609:7 1610:24 1611:9
1611:13 1614:1 1616:5
1616:7,22 1617:4
1618:12 1619:22 1624:7
1624:21 1637:13
1640:20 1644:14 1646:1
1646:14,19,23 1647:1,5
1647:7,10,24 1648:4,10
1648:21 1649:20,23
1650:17,23 1651:3,6,22
1652:3,9,13 1654:23
1658:25 1661:8
officers 1501:10,22
1502:1
offices 1471:24
official 1505:18
off-shift 1410:25

off-site 1533:15
oftentimes 1525:6
Oh 1415:1 1481:4
1618:19
oil 1613:15
okay 1394:14 1396:20
1397:19 1399:2 1400:25
1401:14 1402:6,16
1405:8 1406:6 1411:19
1412:9,14 1414:13
1422:18 1427:13 1450:8
1451:9 1452:5,12
1454:13,15 1456:8
1458:6,7 1462:10,20
1464:24 1465:18,23
1466:3 1468:13 1473:18
1475:7 1476:6 1477:14
1479:19 1481:17
1483:11,17,23 1484:19
1484:21 1485:10 1486:2
1487:4,22 1499:25
1502:10,16 1504:24
1505:21,24 1506:6
1507:20 1515:16
1519:20,22 1528:20
1534:21 1538:8,12
1541:15 1543:6 1544:11
1546:23 1548:2,5
1551:24 1556:13
1564:18,19 1566:13
1567:3,12,16 1568:16
1569:7 1570:19 1571:14
1571:18 1572:7,15
1573:3,11,14 1574:8,23
1575:9,15 1577:2
1580:23 1581:20 1582:8
1584:3 1585:2,18
1586:8 1587:17 1590:16
1591:2,20 1594:18
1599:19 1600:17
1602:22 1605:7,20
1608:12 1611:15 1616:2
1616:17,21 1617:19
1622:25 1625:6 1627:25
1629:22 1631:8,22
1633:24 1635:18 1637:8
1637:22 1638:19
1639:12 1641:2,17
1643:8 1644:24 1646:3
1646:7,18,22 1650:17
1651:22 1652:15
old 1418:15 1489:4

1559:25
Olivia 1390:3 1461:16
1518:8
OMB 1618:21
onboard 1404:4
once 1409:5 1424:4
1447:20 1467:6 1585:11
1588:10 1645:21
ones 1401:17 1463:22
1521:4 1526:12 1651:17
one-page 1393:5 1580:15
one-tenth 1597:3
ongoing 1487:25 1488:4
1563:23 1583:16
online 1402:24
on-shift 1410:25
on-site 1456:25 1533:14
opaque 1449:13
open 1489:17 1490:22
1588:10 1641:22
opening 1393:11
1414:16,25 1415:1,14
1422:16,25 1488:16
1653:24
openings 1582:22
1583:16
openly 1656:4
operate 1433:18 1442:17
1488:9 1532:16
operated 1465:5 1467:2
1490:3
operating 1467:3 1543:7
1559:17 1602:14
operation 1401:6 1444:5
1444:20 1445:21 1455:6
1477:8 1479:7 1495:17
1495:24 1501:24 1532:9
1641:1
operational 1602:1
operations 1397:6
1400:2 1413:6 1436:8
1442:25 1448:14,24
1449:1 1461:3 1476:9
1501:12 1521:18
1534:20 1536:22
1576:12 1602:12 1641:6
operation's 1444:9
operators 1443:14
Ophir 1420:20 1464:10
1486:25 1487:2,7
1488:23 1489:3 1490:6

1490:13 1491:7 1493:1
1493:7,7,11,21 1494:3,4
1494:12,16 1495:4,8,20
1496:17 1497:1,3,5
1498:1,3 1503:11
1504:1 1505:20,20
Ophir's 1492:25 1496:21
1503:20
opinion 1418:21 1419:18
1421:8 1422:1 1424:9
1436:2 1438:23 1443:16
1445:14 1452:11
1466:24 1470:7,8,13
1471:16,23 1472:22
1473:23 1477:2 1537:17
1576:20 1587:23,23
1589:10 1618:11
1622:17 1625:1,2,6,16
1625:23 1626:17,18
opinions 1469:14 1503:4
1503:7 1529:8,9
1580:19 1618:13
1624:22
opportunities 1489:18
1489:20
opportunity 1500:21
1506:3 1508:7,18
1509:2,16 1515:6
1524:8 1528:25 1534:16
1579:12 1624:3 1648:23
1651:7,12 1652:18
oppose 1495:21
opposing 1491:3
opposite 1576:18
opposition 1496:25
optimum 1554:17
option 1469:1 1534:10
1540:7,16 1555:18
1556:17,25
options 1537:23
oral 1493:17 1648:6
order 1421:19 1429:19
1476:1 1525:17 1530:7
1535:3 1537:10 1574:20
1581:4 1656:9,22
orders 1475:24 1521:14
ordinance 1492:1
ore 1399:19 1400:3,6
1401:10 1402:2,4
1404:24 1406:12
1409:21 1410:12,20
1412:4,25 1417:9
1440:12,16 1445:5
1463:2,15 1477:9
1496:9
Oregon 1613:17
organizational 1450:1
organizations 1613:21
1615:7
oriented 1424:2 1585:7
origin 1437:7
original 1402:21 1508:10
1509:21
originally 1489:4
1531:10 1649:5
originate 1436:24
originating 1436:23
origins 1423:17
orographical 1494:9
1498:8
ought 1454:12 1468:6
outcome 1443:15,17
1495:18
outdated 1563:19
1655:13
outlasts 1544:24
outlier 1601:10
outline 1415:24,25
1416:20 1437:12
outlined 1400:3 1436:22
1440:20
output 1423:13,25
1424:16
outset 1439:7 1446:16
1480:18 1642:22
outside 1409:10 1462:7
1476:20 1498:9,16
1543:19 1551:13
1576:10,14 1583:24
1586:22 1588:24 1589:5
1597:8 1621:1 1622:22
overall 1625:16 1639:19
overcome 1422:5
overlaps 1525:1
overly 1449:13
overlying 1522:14
overpermitted 1396:20
Overruled 1541:24
oversaw 1558:2
overseeing 1589:20
1600:23

overseen 1555:9
owner 1639:4,7,15
1640:2,8 1657:12
owners 1500:23 1643:20
P
P 1394:1
page 1392:2,23 1411:9,20
1411:25 1412:5,9
1453:22 1454:10 1476:1
1476:2 1608:8,15,16
1628:2 1631:25
pages 1453:14 1479:20
panel 1418:1
paper 1528:21 1566:12
papers 1404:4
paradigm 1418:22
Paradox 1416:18 1425:9
1431:17 1432:2,5
1435:12 1437:15 1455:8
1455:9,13 1458:25
1491:8 1492:6 1497:25
1498:2 1630:2 1637:9
1638:19,24 1639:3,21
1640:1 1645:11,16,20
1646:5 1654:17 1657:8
1657:10,22
paragraph 1463:10,21
1467:24
paragraphs 1448:10
parameter 1642:24
parameters 1566:1
paraphrase 1517:12,13
1525:7
parents 1489:21
park 1623:18 1635:1
Parsons 1390:12 1462:22
part 1413:3 1417:5,7,11
1417:17 1426:6 1431:7
1438:4 1457:14 1462:11
1472:13,15 1480:2,5
1481:13,14 1508:16
1525:1 1528:11 1533:21
1542:20 1550:6 1552:2
1552:8,11 1553:25
1554:4 1558:23 1563:9
1567:1 1572:4 1573:18
1573:21 1574:4 1579:15
1579:20,21 1615:9
1616:12 1641:14
1645:10 1655:3
participants 1478:22
participate 1495:3
1500:9 1505:17 1506:7
1509:10
participated 1415:13
1492:3 1624:19
participation 1469:24
particle 1475:3
particles 1424:3 1438:12
1499:11,14,16,20
particle-following
1424:1
particular 1498:13
1519:4 1547:23 1556:18
1560:23 1561:12
1581:16 1596:16 1620:4
1623:13 1625:4 1627:17
1627:20 1628:4,4,7,8,21
1633:19 1635:9 1642:8
particularly 1456:24
1492:7 1537:12 1554:13
1574:12 1585:7,20
1594:15 1607:1
particulates 1492:23
1493:6 1499:12,12
parties 1389:16 1450:2
1470:1 1496:25 1505:20
1508:3 1516:10 1617:11
1653:17 1655:6 1656:2
1662:13
party 1391:3 1493:22
1495:20 1652:19
pass 1463:22 1648:8
passionate 1509:23
paste 1395:10,12,16
1554:5,6,13 1555:1
1556:24
patch 1566:18,19
1568:11
patches 1566:17
path 1440:9
pathogens 1438:12
pathway 1444:12
1499:23
pathways 1499:18,19
patience 1600:5 1655:1
1658:20
patient 1653:1
patrol 1446:7
pattern 1492:25
patterns 1419:9 1642:11
1644:18
pay 1581:5
PDF 1420:6
peak 1443:3
peer 1447:9,23 1473:15
1480:5
penetrating 1586:3
people 1404:20 1407:20
1407:24 1408:19
1410:23 1423:20
1435:16 1440:15
1445:17 1472:1,2,9
1480:7,8 1481:6,11
1493:16 1501:17 1506:2
1509:24 1512:1 1519:1
1528:16 1559:19
1597:17 1607:22
1620:13 1623:12
1626:23 1630:1 1639:1
1640:6 1643:9,21,22
1644:20 1645:7 1646:10
1646:10 1647:15
1653:11 1656:25
1657:16,20,24
people's 1502:7 1529:9
1623:23 1640:11,13,14
percent 1428:24 1429:4
1429:25 1430:25 1460:2
1496:5 1533:25 1536:1
1536:12,16 1555:2
1621:25 1622:2 1629:12
perception 1612:22
perched 1549:25 1550:21
1586:13,14,18,19,24
1587:13,15 1588:2,3
1589:14 1590:5,13,17
1592:3 1593:9 1595:4,7
1595:9,18 1596:7,19,23
1603:20,20
perfectly 1525:9
perform 1553:23 1626:10
performance 1526:21
1527:14,21 1534:19
1536:21 1537:1,11
1539:3 1544:20 1545:22
1547:12
performed 1397:23
1436:18 1529:15
1530:12 1545:11
1612:17 1618:24
performing 1626:7
perimeter 1597:8
period 1421:21,24
1425:17 1434:3 1442:18
1444:19 1513:10,12
1530:13,16 1532:18
1550:15 1560:4 1573:5
1646:6 1649:6
periodic 1604:25
periodically 1401:23
periods 1429:6 1496:7
1550:13 1595:18,19
permanent 1400:12
1441:25 1454:24
1500:14 1657:8
permeability 1517:22
1519:7 1521:1,13
1522:15 1524:18,21
1529:23 1531:1 1560:17
1561:13 1565:22 1566:6
1592:9,13,19,22,25
1593:3,4,11 1642:24
permeable 1517:19
1592:14,19,20
permissible 1475:20
permit 1395:6,25 1396:1
1396:9 1397:14 1400:12
1417:24,25 1418:6
1436:4 1449:7,11,17
1452:24 1454:24 1505:4
1517:5 1562:10 1564:3
1564:8
permitee 1418:5 1449:21
1449:25
permits 1396:23 1397:1
1447:2 1454:11
permitted 1400:18
permitter 1449:21
permitting 1408:17
1417:5,8,11,17,21,22
1422:13 1442:8 1443:19
1444:25 1446:12 1448:1
1448:8,23 1449:1,7
1452:18 1453:3,9
1454:8 1472:6,6,9
1517:3 1533:21 1563:2
1564:4 1617:25
perpendicular 1592:23
persistently 1501:9
person 1508:2 1589:19
1599:6,7 1606:18
1635:8 1642:1

personally 1505:23
1558:2
personnel 1412:2,3,12
person's 1639:16,19
pertains 1462:11
Perth 1513:11
pH 1530:1,6,7,21 1547:4
1547:4,13,13,16 1549:9
phase 1444:10 1460:14
1460:15
PhD 1391:2
phenomenon 1494:24
1590:5,14
philosophy 1490:7
phone 1487:10,11,13
1507:6,8 1525:22
1582:12 1599:16,17
1617:17 1648:22
1650:14
phrase 1470:7
phreatic 1552:1,3
physical 1596:22
physics 1439:12
pick 1429:20 1576:15
picked 1640:15
piece 1477:14 1528:21
PiES 1455:21
piezometers 1537:7
pike 1610:13
pile 1429:3 1559:20
1560:1 1567:7
piles 1476:8,11,12
1485:25
pilot 1582:19
pilots 1432:1,7
Pinon 1389:6 1394:19
1418:24 1419:14,19
1436:3 1438:4 1442:5
1464:8 1491:3 1492:24
1495:24 1496:8,9,15
1516:4,21 1517:25
1522:17 1523:8,16
1525:22 1527:5,10
1535:19 1539:20,24
1542:13,20 1560:7
1561:21 1585:4,19
1588:21 1590:10
1610:12,14 1617:20
1618:24 1619:5,10
1622:19 1625:25 1631:4
pioneers 1654:12
pipe 1548:15,16,19
1549:20
pipelines 1613:15
piping 1534:4,6,14,16,18
1558:25 1660:10
place 1403:2 1407:21
1409:22 1413:8 1467:24
1475:3 1501:18,24
1526:6 1539:8 1541:18
1554:18 1561:9 1614:24
1627:8,12 1638:20
1655:14 1658:21,21
1662:8
placed 1477:9 1488:12
1490:11 1517:21 1520:4
1521:5 1558:21 1559:18
1570:6,14,17 1571:12
places 1400:1 1471:8
1474:8 1509:9 1620:12
1622:13 1636:14
placing 1560:13
plan 1400:2,2,5,8,9
1401:6 1402:7,11,13
1403:12,19 1406:8
1407:5 1409:3 1411:22
1413:5,6,7,13 1417:15
1423:25 1443:20
1461:11 1484:21 1492:4
1533:6,20 1541:17
1542:9,20,23 1567:1
1572:5 1582:19 1610:15
planet 1426:13 1462:3
1478:17
planetary 1421:5
1432:13
planned 1532:11,11
planning 1397:16
plans 1396:6 1400:10
1404:5 1409:5 1528:16
1533:23
plants 1494:8
plateau 1644:11
play 1536:25 1575:21
played 1511:9
playing 1537:2
please 1402:23 1413:19
1489:1 1510:2 1512:18
1513:1 1517:14 1561:16
1581:7,8,20 1585:2
1593:16 1594:2 1596:22
1612:6,16 1613:11
1617:21
pleased 1512:11
pledged 1490:23
plot 1434:5
Plover 1660:10
plume 1497:20
plus 1591:8 1593:6
PM10 1437:21 1499:11
PM2.5 1499:13
pockets 1582:21
point 1402:17 1409:7
1411:21 1412:14 1431:2
1458:4 1466:25 1467:6
1478:20 1479:8 1511:2
1519:9 1531:23 1534:1
1539:1 1545:1 1548:14
1554:16,19 1584:4
1591:21 1611:19
1613:23 1639:11
1642:14 1652:2
pointed 1531:5
points 1394:9 1411:2,7
1423:11,12,23,23
1436:23 1533:15
1552:19 1558:13
1657:18
Poland 1581:12,23
police 1501:21 1502:1
Political 1612:19
pollutants 1470:21
1491:9 1494:10,17,19
1498:19 1562:16
pollution 1395:2,25
1396:17,18 1436:19
1437:22 1452:17,22
1471:18 1473:1,24
1494:7 1495:19
pompous 1470:12
pond 1482:20 1532:3,23
1548:13,17 1592:3
1597:6
ponds 1425:23 1531:4,13
1531:23 1532:21 1549:8
1568:17,17 1571:10
1572:10 1585:21
pool 1439:13 1472:8
Popielak 1392:17
1577:25 1578:3,6,10,15
1578:18,21,23 1579:8
1579:11 1584:5
populated 1437:19
population 1498:7
1623:8
populations 1410:15
1498:5
pore 1546:19
porous 1597:25 1598:1,1
portion 1509:15 1544:9
1544:10 1579:18 1645:1
portions 1441:7 1599:19
1600:12 1635:6
Portsmouth 1613:3
position 1394:17
1438:17 1501:13
1503:22 1582:5 1655:8
positions 1496:24
possession 1405:19
possibilities 1460:23
possibility 1460:24
1551:16 1594:6
possible 1424:5 1440:3
1462:24 1483:18
1487:19 1495:16,17
1525:19,20 1535:20
1571:22 1572:8 1598:12
possibly 1453:16
post 1399:9 1648:15
posted 1499:4,18
potential 1404:17
1424:19 1425:23
1437:17 1440:13 1460:9
1495:18 1531:13 1574:2
1574:8 1582:23 1590:19
1591:5 1601:12 1610:13
1623:7 1625:24 1629:1
1653:22
potentially 1530:1
1551:3 1562:1
power 1404:18 1490:13
1491:22 1494:8 1616:20
1617:19 1619:8,13
1622:23 1623:2 1624:5
1624:18 1626:6,13,16
1630:4 1631:2 1632:24
1632:25 1633:3 1634:2
powerful 1435:3,11
Power's 1607:13 1616:14
1617:14,14 1619:3
1620:22 1621:23 1622:4
1622:18 1624:8,10,12
1637:2
practical 1475:13 1476:5

1502:16 1573:1
practice 1521:9 1592:22
1597:13,25 1602:11
practices 1478:7 1487:19
1500:18
prairie 1660:8
precautions 1403:24
preceded 1645:25
precipitation 1457:16,20
precisely 1525:12 1581:6
predict 1623:12 1627:17
prediction 1581:24
predominantly 1498:2
prefer 1396:9
preliminary 1404:2
1409:5 1472:18
preparation 1453:11
1505:18 1506:8 1515:23
1558:3 1607:11 1614:6
1624:19
prepare 1506:3 1515:22
1578:22 1616:10
1649:16 1656:11,20
prepared 1393:12
1470:14 1515:24 1558:2
1608:13 1616:12
1641:14 1657:19
preparing 1614:14
prescriptive 1522:11
1524:21 1537:20
1539:19 1541:3 1553:21
1553:23
presence 1432:2 1587:12
1587:25 1588:8 1595:22
1596:19 1623:13
1625:12,13 1646:8
present 1440:18 1487:12
1560:24 1589:11 1596:9
1597:23 1603:17
1633:10 1651:2 1659:17
1660:7
presentation 1515:3
1619:4
presentations 1520:13
presented 1419:5
1453:14 1459:23
1599:14 1609:13 1632:7
pressure 1419:22
1426:16,19 1435:9
1436:9 1443:6 1447:14
1534:18 1588:22,23,24
1588:25,25 1589:2,3,5,8
1595:11,12 1598:6,6,7
1598:14,15 1602:15
pressures 1530:17
pressurized 1582:21
pretty 1400:8 1418:16
1429:24 1436:21
1446:11 1449:17
1459:21 1464:18 1479:4
1559:9 1572:1 1576:16
prevailing 1498:24
prevent 1472:25 1583:13
prevented 1528:14
previous 1398:3 1442:14
1468:24 1515:5 1606:25
1616:3
previously 1493:11
1616:22
price 1440:14 1629:23
1632:9 1634:13
prices 1629:9,10,12
1633:11,12 1634:4,8
pride 1490:6
Priestley 1389:23 1662:4
1662:20
primarily 1407:1 1489:6
primary 1495:10 1496:9
1499:23 1523:22
1525:11 1527:22 1568:1
1610:23 1611:7 1621:11
prime 1610:6
principal 1431:19
1582:18 1653:8
principle 1486:3 1597:20
print 1415:20
prior 1401:20,22 1420:3
1440:22 1446:13 1487:5
1488:19,20 1544:1
prioritized 1490:14
private 1413:16 1457:12
1457:24,25 1477:25
1483:1 1582:13,17
1613:13
proactively 1493:1
probability 1431:23
1442:18
probablistisize 1479:12
probably 1395:15,19
1403:1 1416:19 1431:10
1431:11 1432:3,8
1433:23 1441:15 1446:5
1453:21 1455:20
1464:19 1476:21
1481:11 1482:23 1483:5
1485:11,23 1512:16
1569:17 1589:7 1644:1
1654:6 1659:7
problem 1406:25
1408:16 1428:21 1439:3
1439:14 1442:9,12,14
1454:8 1528:12 1556:21
1568:6 1642:16,18
1643:6
problems 1472:5
1543:18 1638:14
1659:12
procedural 1496:23
procedure 1480:25
proceeding 1397:5
1403:3 1415:12 1508:23
1563:3,12 1655:6
1656:5
proceedings 1446:13,13
1506:13 1652:20 1653:5
1662:7
process 1394:19 1396:1,4
1397:8 1417:5,8,11,17
1417:21 1443:19
1444:25 1446:12,14,18
1446:21 1447:2,4
1448:1,4 1449:8,13,19
1450:18 1452:18 1453:3
1454:1,8 1463:8 1470:5
1472:6,7 1493:19
1496:18 1504:8 1511:11
1511:15 1512:1 1524:3
1529:9 1533:21,23
1563:2,11 1574:14
1581:19 1611:20
1615:15,25 1616:1
1618:1 1620:16,16
1655:25 1661:5
processing 1549:21
produce 1643:12
produced 1398:13
1438:1 1441:16 1479:1
producing 1423:6
1439:10
production 1444:8
productive 1586:23
profession 1582:7
1643:7
professional 1389:23
1445:16 1447:9 1471:22
1472:15 1479:1 1513:21
1581:19 1584:22
1613:12 1662:5
professor 1492:18
1494:6 1582:3
proffer 1514:18 1613:24
proffered 1449:25
profit 1488:13
program 1396:23 1397:2
1397:8 1436:21 1439:24
1456:3,7
progressive 1490:7
progressively 1513:8
project 1390:12 1417:16
1438:22 1473:2 1491:18
1494:5 1513:9 1516:4
1516:21,23 1517:4
1518:1 1522:18 1527:6
1527:10 1533:24
1535:19 1537:12,19
1539:20,24 1540:10
1542:4,5,6,13 1552:22
1553:8 1554:3 1555:18
1557:10 1558:10 1559:8
1585:7,8,13,22 1586:18
1586:21 1601:21,23
1602:25 1610:12 1614:6
1619:17,18 1620:4,6,13
1621:18 1622:9,16,21
1638:6,13 1639:17
1640:14 1641:9 1655:21
1659:19
projection 1599:9
projects 1498:5 1513:19
1514:4 1516:25 1518:22
1538:3,11,17,21,24
1582:17 1615:20,23
project's 1620:11,11,21
1622:12
promise 1487:24
promises 1658:15
promoted 1513:8
proof 1488:8
proper 1404:10 1412:3
1417:4,6,8 1659:8
properly 1406:20
1421:19 1424:18
1477:13 1508:21 1567:2
1636:23 1637:4

property 1406:23
1500:23 1612:20 1623:7
1628:25 1629:16
1632:12 1633:8 1634:5
1636:2,24 1654:3,6,17
proportional 1426:17
proposal 1471:11,19
1473:25 1560:8 1653:16
proposals 1472:14
1649:9,19
proposed 1398:4
1418:24 1442:17
1494:15 1585:20
1610:12 1615:20,23
1648:17
proprietary 1642:12
props 1450:23
prospective 1625:13
protect 1653:10
protected 1436:15
protecting 1570:12
protection 1490:15
1492:1 1518:19 1519:1
1521:6 1564:8 1573:15
protections 1478:3,12
1480:21 1523:9
protesting 1647:16
prove 1488:2
proven 1502:6 1503:9,10
1544:14
provide 1412:2 1424:11
1424:17 1427:2 1433:6
1462:21 1470:8 1503:4
1505:14 1512:18 1513:1
1519:3 1521:5 1539:12
1545:22 1601:11
1609:23 1649:18
provided 1425:5 1431:11
1431:14 1437:3 1458:1
1469:14 1471:21 1478:3
1478:4,12 1479:19
1480:18 1506:3 1509:2
1509:25 1532:22 1541:2
1554:10 1563:20
1578:21 1608:21
1609:10,11,18 1610:25
1610:25 1624:2 1638:4
1638:7,9,11,15
provides 1463:12
1466:21 1524:7,13,20
1527:6,13 1534:14
1559:13 1631:12
providing 1412:6 1508:7
1509:8,8 1520:11
1629:22 1656:16,23
1658:18
proximity 1404:19
1582:22
psi 1589:3,5
public 1389:25 1390:24
1403:2 1413:9,10,14,15
1418:3,7,8 1420:1
1422:10 1442:4 1443:15
1449:23 1458:2 1472:2
1472:25 1480:16,20
1488:5 1490:20,23
1491:5,11 1494:21,24
1499:7,16 1543:15
1582:15,16,17 1583:2,6
1583:15 1640:10 1653:7
1653:9 1655:23,24
1656:2,13,14 1662:6
publications 1514:8,11
1514:12 1526:13
1528:18,20 1539:2
publicly 1642:11
published 1492:15,21
1641:19,24
pull 1409:20 1445:21,23
1481:2 1594:21
pulled 1455:5 1632:20
pulling 1440:16 1445:10
1523:20 1570:15
pump 1395:18
pumping 1585:23
purchasing 1644:17
purely 1560:2 1568:14
purpose 1571:21 1600:9
1600:10,20 1651:4,6
1655:7
purposes 1407:4 1440:18
1518:11 1534:8,8
1586:2 1602:6,7 1635:3
1645:7
PURSUANT 1389:16
pursuing 1491:3
push 1655:15
put 1409:2 1414:16
1427:5 1428:22 1454:5
1473:7 1476:2 1483:7
1490:23 1496:24
1508:18 1509:17
1525:16 1527:19
1536:18 1537:25 1538:4
1552:12 1559:5 1561:6
1564:14 1566:17
1568:12,25 1572:25
1597:7,25 1627:8
1647:13,14,18 1658:9
puts 1552:7
putting 1457:6 1520:6
1536:2 1546:21 1561:11
1568:21 1569:18,19
1615:24
P-o-p-i-e-l-a-k 1578:8
p.m 1487:10 1507:3,3
1577:22,22 1605:24,24
1609:2 1637:14,14
1661:10
P.O 1390:13
Q
QA 1542:20
qualifications 1563:9
qualify 1581:4 1612:5
quality 1435:21 1468:2
1490:22 1494:4 1495:5
1498:18 1541:17,17
1542:9,9,22,23 1567:1
1653:11
quantifiable 1441:17
quantifications 1585:9
quantified 1434:17,20
quarter 1483:2
question 1406:4 1408:3
1410:4 1412:22 1413:18
1413:21 1450:24 1457:7
1459:10 1461:8,9
1467:21 1468:12
1481:17 1485:18
1500:20 1501:3,20
1502:9,12 1516:2
1531:6 1538:19,23
1540:12,14,20 1541:8
1541:13 1542:2,7,22
1547:7,8 1551:15,24
1558:17 1561:15 1562:3
1563:16 1564:13
1566:24 1575:1,18,25
1584:15 1587:3 1592:19
1593:25 1594:25
1597:12 1605:15 1615:9
1627:22 1629:18 1641:2
1644:14,24
questioning 1405:22
1406:3 1610:9
questions 1394:7
1397:20 1399:19
1405:15 1408:1 1411:8
1414:1 1418:6 1458:5
1461:20,25 1462:16
1464:20 1465:16
1468:17 1473:21
1477:15 1481:22,25
1486:10,12 1493:17
1501:1,2 1506:18,22,23
1512:14 1517:10
1519:13 1527:23 1529:7
1562:4 1563:5 1570:24
1576:21 1577:3 1579:10
1579:12 1581:3 1584:8
1584:10,12 1594:24
1595:5 1598:20 1605:7
1605:10,12 1612:5
1615:2 1616:4,6 1626:4
1631:19 1640:19,20
1641:12 1646:1,24,25
1647:2,3 1653:15
1659:14,21
quick 1405:15 1605:14
1637:19
quicker 1511:18
quickly 1464:18 1482:1
1482:15 1573:4
quite 1401:16 1403:15
1521:3 1533:2 1594:5
quote 1419:6 1443:22
1474:20 1475:4,5
1481:12
quotes 1438:23
R
R 1390:2 1394:1
radar 1596:18,21 1597:11
1597:14
radiation 1396:23 1397:2
1397:7 1405:4 1499:7
1554:19
radioactive 1389:6
1397:3 1399:14 1437:18
1438:15 1452:2,25
1491:9 1493:2,6
1655:11
radioactivity 1440:3,9

1451:18 1474:18 1475:2

radiological 1499:18
radionuclide 1492:4
1495:13
radionuclides 1436:5
1438:11 1492:23
1494:18 1496:3,10,12
radius 1498:6,10,17
radon 1395:21 1498:13
1554:20 1555:7,9,10,14
1555:20 1556:8,11,16
1556:21 1564:6 1577:8
raffinate 1529:19 1530:7
1532:6,19 1547:5
1548:12
rain 1427:1 1551:9
rainfall 1419:23
rainstorm 1551:6
raise 1416:3 1486:18
1512:4 1578:1 1606:3
raised 1394:9 1408:14
1455:1 1459:3 1463:4
ranching 1500:4
Randy 1392:9 1486:19
1486:22
range 1426:25 1429:11
1433:11 1434:3,9,11
1443:4 1484:16 1515:12
1546:1 1596:6
ranged 1433:12 1530:18
rapidity 1604:11
rate 1437:17 1532:1,7,20
1565:3,8,9,11 1566:6
1568:1,2,5 1594:7,8
rates 1401:24 1527:1
1567:14
rational 1507:1
ray 1583:25
RCP 1497:22
reach 1592:8,17 1593:7
reached 1593:14 1594:14
react 1623:12
read 1403:18 1411:21
1413:2,18,21 1424:8
1431:25 1452:21 1456:9
1463:17,21 1464:4
1465:19 1468:8 1478:15
1478:16 1480:14
1493:23 1496:16
1497:14 1526:18 1528:1
1537:24 1540:12,14
1541:25 1542:2 1545:7

1605:16 1627:15 1628:1
1628:2
reading 1422:15 1465:7
1465:8 1466:12 1528:6
ready 1410:2 1511:13
1653:16 1659:7
reagents 1399:20
1401:11 1463:3,16
real 1438:7 1487:17,18
1619:16 1631:22
reality 1439:14
realize 1470:13 1577:1
realized 1422:25
really 1409:23 1423:19
1427:4 1455:11 1458:24
1459:22 1471:25
1472:25 1474:6 1487:17
1502:18 1529:20
1536:25 1540:16
1544:25 1546:7,18
1547:7,10,11 1557:16
1558:1 1574:10,25
1584:13 1630:22
1633:13 1641:21
1648:24 1650:15
1652:20,25 1653:18
realtime 1534:19
1551:25
reason 1395:19 1473:3
1474:1 1500:9 1590:22
1592:1 1639:13 1658:5
1661:6
reasonable 1424:12
1436:6 1593:2 1649:18
1651:20
reasonably 1495:12
reasons 1395:15 1475:15
rebut 1607:12
rebuttal 1507:18,19,25
1509:9,21 1511:7
1528:15 1550:8 1578:19
1578:20,21,25 1579:7
1579:19 1606:20
1607:10 1616:19
rebuttals 1508:2
RECA 1590:8
recall 1399:20 1402:7
1451:13,16 1475:9
1504:24 1505:22
1508:12 1525:5 1552:21
1552:24 1553:5,11,15
1553:17 1554:6,8,10
Recalling 1436:9
receive 1480:21 1492:11
received 1505:22
1512:20 1579:4 1581:10
1614:13 1647:15
receiving 1498:25
Recess 1427:24 1469:4
1507:3 1577:22 1605:24
1637:14
recharge 1600:11,20,22
1601:5,7
recipient 1591:5
recipients 1594:17
reclamate 1490:22
reclamation 1398:1,10
1460:14 1461:9,11,11
1500:8 1626:7,10
Reclamation's 1398:6
recognition 1581:24
recognize 1457:2
recognized 1581:13
recollection 1520:15
1525:4 1543:16
recommend 1419:18,23
1423:2 1439:16,24
1448:16,23 1532:7
1654:21
recommendation
1500:24 1534:25
1552:11
recommendations
1449:9 1503:5 1524:23
1524:25
recommended 1422:12
1534:17 1535:2
record 1398:20,24
1400:25 1402:17,18
1403:3,17 1406:6
1412:6 1417:14 1419:3
1427:11 1450:16,23
1456:11 1458:10,21
1465:19 1468:23 1476:3
1479:10,20 1502:6
1507:5,11 1511:1,20
1543:15 1562:12
1579:13 1580:8,22
1582:12 1610:25
1616:25 1647:14,19
1648:5 1657:2,12
records 1457:4 1488:5

1605:2 1658:18
recover 1596:1
recovery 1518:2 1522:14
1536:8 1567:15 1568:3
1602:12 1604:11
recreational 1489:18,20
recross 1398:17 1405:10
Recross-Exam 1392:5
Recross-Examination
1392:4,4,15,16 1405:16
1408:5 1412:23 1576:2
1577:5
recycled 1570:17
1656:17
redesign 1577:12
redirect 1392:3,5 1394:4
1394:8 1411:4 1605:13
1647:5
reduce 1490:24 1496:12
1523:19
reduced 1531:11,15
1662:9
reduces 1574:15
reducing 1395:21
reevaluated 1418:14
Reeve 1659:18
refer 1440:7 1565:1
reference 1554:6,8
1631:22 1632:25
1639:10 1641:25
referenced 1437:24
1438:21 1494:14 1624:6
references 1609:2
referred 1395:10 1457:19
1476:13 1504:4 1630:14
1638:17
referring 1404:24 1411:6
1608:11 1616:15 1617:9
refers 1431:9
refine 1532:9
reflect 1582:12
reflected 1497:19
1632:12
refurbishment 1590:8
regard 1460:5 1514:3
1521:22 1523:22 1524:4
1527:14,15 1534:25
1540:16 1542:12 1555:4
1555:10 1557:17
1641:11

regarding 1424:13
1503:5 1618:24 1659:15
1660:12
regardless 1469:18
regards 1551:14
regime 1550:4 1584:2
1585:25 1600:15,16
region 1440:23 1441:22
1442:3 1443:18,24
1469:20 1473:9 1487:15
1489:20 1620:9 1626:8
1628:22 1657:6,9,17,25
regional 1417:15,19
1426:6 1441:20 1444:23
1445:8 1489:17 1490:14
1494:7 1499:4 1500:16
registered 1389:23
1584:25 1662:5
regs 1655:13
regular 1501:11 1572:1
regularly 1485:9
regulation 1563:19
1656:9
regulations 1396:19
1465:10,11 1466:6,8,15
1522:4,6,10 1525:17
1537:25 1562:24 1656:8
regulators 1501:10
regulatory 1401:24
1451:19 1473:22
1514:14 1521:20,24
1523:10 1537:21
1539:19 1540:9 1553:2
1553:24 1555:4 1618:2
1618:17
reissued 1533:10
reiterate 1509:23
related 1457:3 1461:21
1461:22,25 1471:18
1517:11 1625:25
1636:19 1662:12
relates 1465:1,3 1554:14
1569:21 1623:10
relationship 1408:8
1449:17 1615:2,11
relative 1438:22 1449:7
relatively 1531:21
1558:23 1587:5,6
relayed 1395:3
release 1421:18,21,24
1422:4 1424:3 1443:9
released 1470:21
1577:18 1605:21
1610:11 1647:8
relegated 1448:9
relevance 1438:18
1563:2
relevant 1474:10 1563:7
1563:14,15 1645:7
reliable 1470:19 1471:17
reliably 1623:12
relied 1472:20 1638:4
relies 1457:15 1499:6
relined 1539:17
rely 1445:17 1476:4
1508:25
Relying 1446:6
remain 1495:20
remainder 1460:7
remarks 1440:5
remedial 1413:11
1495:15
remediation 1495:11
1516:4
remedies 1495:16
remember 1432:25
1442:10 1451:25 1456:9
1481:8 1504:7,9 1553:9
1639:6 1640:8 1641:13
1645:3 1651:7
remembering 1504:23
remote 1409:20 1441:24
1445:7 1594:6 1657:10
remove 1441:5
removed 1404:24
1589:18
rendered 1492:25
renewable 1491:1
repair 1424:13 1566:13
1567:8 1569:15
repeat 1423:21 1471:6
1476:10 1652:15
rephrase 1402:9 1465:19
1468:15
replace 1428:17
replacement 1402:20
replies 1511:16
report 1393:4,8 1395:12
1400:21 1407:14 1444:3
1444:13 1448:11
1453:18,19 1457:3,16
1457:17 1459:11,18
1470:19 1472:23
1479:23 1494:13 1499:4
1499:10,18,21 1508:11
1509:1,21 1510:22
1515:22 1516:1,8
1517:16,17 1524:19
1526:1 1532:3 1534:9
1534:22 1552:13
1557:14,20 1578:21,22
1579:2,7,19 1580:13,18
1605:16 1606:15,17,20
1607:9,10,16,20,22
1608:7,13 1609:1,3,10
1610:7,12,14,16,17,18
1610:20,22,22,23
1611:1,4,5,7 1616:10,13
1616:15,16,19 1617:22
1617:24 1618:1 1622:18
1622:23 1623:3 1624:8
1624:12,13 1626:12
1628:14,19,24 1629:6
1631:2,25 1632:13,25
1633:5 1637:7 1639:11
1642:4 1655:23 1656:6
1659:15 1660:3,5
reported 1431:16
1434:17 1457:22 1476:2
1625:10 1636:20
reporter 1389:23 1469:3
1487:22 1519:10
1564:21 1581:6 1582:25
1637:18 1649:4 1662:5
REPORTER'S 1389:3
1662:2
reporting 1518:11
reports 1395:1 1438:20
1442:10 1444:8 1457:20
1458:11 1475:6 1476:4
1497:1,3 1509:21
1579:1 1607:12 1608:23
1610:10 1614:14 1618:3
1623:11,23 1624:1,6,14
1624:20,23,24 1625:3,7
1625:17,19 1626:14
1631:15,20
represent 1444:1
1457:25 1487:6
representation 1449:6
representative 1404:8
1406:15,19 1407:10
1425:22
represented 1496:17
request 1651:20
requests 1479:3 1510:5
required 1406:16 1452:2
1496:12 1533:9 1534:15
1537:10 1542:16
requirement 1442:7
1452:20 1467:1 1508:3
1511:5 1521:21,24
1532:20 1542:20
requirements 1401:16
1473:22 1522:12,12
1523:10 1535:5 1537:21
1537:24 1539:4,5,20
1540:9,11 1541:2,3,5
1553:2,18,21 1555:4
1618:9,10
requires 1656:10
requiring 1542:13
research 1438:10
1442:20 1470:10 1494:2
1526:14 1527:18,20
1544:18,21 1545:6,11
1545:15 1573:7 1574:23
1576:19,23,25 1583:24
1592:22 1607:25
1612:17,18,19,21,23
1613:2,3,8,18 1623:18
1626:22
researchers 1623:16
1625:7,10,17
reside 1513:18
resident 1416:2,16
residential 1635:2
residents 1489:12
1493:10 1498:11
1499:24 1500:23 1621:2
1622:1,3
residual 1405:1
resistance 1545:6
resource 1426:4 1612:24
1659:24
resources 1389:5 1390:4
1390:8 1448:7 1490:16
1583:9 1584:6 1585:10
1585:11 1605:1 1613:6
1657:1
respect 1408:7 1418:17
1420:12 1422:7 1423:11
1423:12,23,24 1436:4,7
1459:22 1468:21 1477:7

1486:1 1590:18 1658:22

respected 1426:4
respond 1406:17 1445:7
1455:2
responders 1404:12,14
1406:10 1409:3,11
response 1400:5 1402:7
1402:11,12 1403:11,14
1403:19,20 1404:5,7,13
1406:8,16 1407:11,13
1407:16,22 1408:7,21
1409:2,12,19 1410:1,8,8
1410:13,16,19,21
1411:22,24 1412:19
1413:5,7,12 1431:9,10
1443:20 1445:14,16,25
1446:2,7 1455:21
1461:23 1475:21 1506:4
1516:2 1563:21 1597:12
1603:19 1608:3 1616:14
responses 1511:16
responsibility 1407:1
1495:10
responsible 1404:11
1411:23 1513:23 1517:1
responsive 1406:5
1510:5
rest 1449:4 1463:23
1464:14 1598:3 1635:24
Restoration 1490:21
restrict 1622:11
restrictions 1401:19
1479:3
restrictive 1396:14
1397:1 1626:19
result 1494:9 1535:18
1536:21 1570:2 1630:11
1662:15
resulted 1490:10 1503:21
results 1395:3 1421:21
1474:22 1493:5 1627:11
1627:16,16 1630:21
1643:11,12
resume 1578:25 1608:16
resumed 1389:17
1392:13,21 1515:20
1616:8
retirees 1441:25 1489:7
return 1580:3 1604:5
returned 1604:3,7
reveal 1443:2 1508:1
revealed 1624:3
revealing 1509:1
review 1399:15 1438:18
1438:19 1447:9,13
1454:19 1471:22
1472:10,14,19 1473:15
1480:6 1505:25 1515:6
1578:22 1613:15
1656:13,15
reviewed 1543:12,21,24
1642:2
reviewer 1424:12
reviewers 1447:10
1472:9
reviewing 1449:9
reviews 1447:23,23
1472:16
revised 1574:13
revisit 1649:15
rewetting 1558:25
RFIs 1655:20
rhetoric 1657:18
Richard 1389:18
ride 1408:13 1657:7
riders 1441:8 1445:2
rides 1438:12
Ridge 1389:6 1394:19
1418:24 1419:14,19
1436:3 1438:4 1442:5
1464:8 1491:4 1492:24
1495:24 1496:8,9,15
1516:4,21 1518:1
1522:17 1523:8,17
1525:23 1527:5,10
1535:19 1539:20,24
1542:13,20 1560:8
1561:21 1585:4,19
1588:22 1590:10
1610:12,14 1617:20
1618:24 1619:5,10
1622:19 1625:25 1631:4
riding 1494:10
right 1399:11 1405:12
1407:6 1411:17 1415:9
1415:10,19 1416:4
1427:19 1430:7 1437:8
1437:9 1451:8 1455:18
1457:1 1459:6 1463:14
1464:12,12,13,21
1465:6 1466:3,13
1470:2 1471:15 1473:2
1473:25 1479:12 1482:6

1482:11 1483:10
1486:17,18 1503:18
1507:4 1509:10 1510:14
1510:17 1512:4 1515:19
1516:11 1519:24
1520:14 1536:19
1537:24 1538:2 1550:19
1561:2 1566:21 1567:8
1567:10 1578:2 1579:17
1579:23 1580:21
1595:19 1600:4 1606:3
1609:5 1616:7 1617:4
1617:12 1627:23
1629:25 1631:1 1637:23
1639:23 1642:23
1646:21 1652:13
1654:17 1661:4,5
rights 1463:20 1466:21
rise 1527:10 1570:1,3
rises 1498:3
risk 1439:23 1488:11
1492:20 1612:22,22
1630:2 1659:10
risks 1403:23
River 1491:17 1660:10
rivers 1445:9
road 1391:2 1409:18
1410:3 1441:3 1445:16
1459:7 1644:12 1645:17
1646:12
roads 1401:20 1409:15
1413:15,16,17 1417:10
1441:12 1444:16 1445:8
1446:4
Robert 1391:2 1392:6
1416:8,12 1497:4
robust 1480:10
rocks 1586:6 1597:15
Rocky 1390:16,18
role 1516:20 1615:6
Roman 1392:17 1550:3
1550:11 1551:13
1577:25 1578:3,6,10
romance 1434:13
Romania 1613:1,10
room 1493:13 1510:24
1553:17 1647:13
1648:22
rose 1438:4
rotary 1589:16
rough 1419:5 1443:20

roughly 1433:24 1440:24
1443:15 1481:7 1596:15
routes 1440:25
Rowe 1526:14,19
1527:13 1544:11
1545:13
RPA 1633:5
RTI 1623:17
rule 1486:8 1508:3
1511:18
ruled 1475:11,19,23
1510:3 1511:19
rules 1396:8 1511:10
1610:1
ruling 1466:23
run 1424:15 1439:5
1457:13 1530:19
1532:18 1621:5 1639:8
1644:22
runs 1422:5 1437:3,6
1443:12 1449:5 1465:12
1474:5,24
rural 1410:18 1445:17
R-a-n-d-y 1486:22
R-o-m-a-n 1578:8
S
S 1394:1
safe 1501:25
safety 1412:2,25 1488:6
sage-grouse 1660:9,21
sailing 1486:8
sake 1576:7
Sal 1426:24 1435:19
1441:2
sale 1629:11,13,13
salt 1561:12
sample 1547:25 1643:13
1643:15
samples 1530:19
sampling 1496:7 1595:5
1598:8 1604:2
San 1399:6 1401:12
1408:18 1409:17
1411:15 1437:10
1454:19 1463:13,19,22
1466:8,13,22 1467:2,4,7
1468:2 1477:19 1479:7
1479:9 1489:6,16
1490:17,18 1491:17

1492:3,9,11 1494:2,16
1495:2,25 1498:4
1501:15 1620:20 1629:1
1629:2 1631:8
sand 1425:8,24 1430:2,8
1438:6 1476:19 1588:14
sandbag 1511:7
sandbagging 1509:7
sandblast 1439:9
sandblasting 1439:6
Sandler 1390:16 1392:8
1392:15,25 1414:1,2
1481:24 1482:1,3
1486:2,9 1506:21,23
1507:9 1570:23,25
1571:5 1575:15 1584:11
1584:15,16,19 1605:11
1605:12 1616:5,6
1647:3 1658:25 1659:1
Sandler's 1485:18
Sandra 1392:19 1606:5,9
1606:11 1608:17
1609:12 1611:6,22
sands 1476:8,13 1477:1
1484:22 1571:10,15,16
sandwich 1524:16
Sandy 1607:11
sat 1653:13
satisfactory 1500:2
saturate 1460:21 1530:17
1536:10
saturated 1460:8,13
1461:5 1476:23 1482:20
1554:24 1588:9 1590:2
saturation 1555:11,16
1587:21 1589:15,22
Saturday 1487:9
saw 1408:14 1423:14
1428:13 1453:24
1455:10 1456:1 1603:23
saying 1454:20 1459:9
1479:8 1489:1 1538:24
1547:9 1572:19 1590:13
1592:12
says 1464:5 1465:10
1493:24 1496:2 1510:22
1532:4 1565:17 1627:7
1628:19 1633:17
1645:17
scale 1482:24
scales 1470:25 1631:16
scan 1479:4 1480:14

1484:24
scanned 1401:23
scared 1654:1
scavenge 1439:9
scavenging 1440:2
scenario 1412:16 1438:1
1518:21 1520:23
scene 1404:9,11,16
scenic 1441:4,6
schedule 1606:23
1609:18 1649:1 1650:4
1650:16,20,25 1651:19
schedules 1649:15
scheduling 1650:12,13
scheme 1469:24
school 1439:12 1463:25
1582:4 1612:12
science 1426:5 1447:24
1470:10 1583:17,20
1612:9
Scientific 1492:21
scientist 1460:4
scintillometer 1404:25
scooping 1559:1
scope 1541:22 1630:5,9
1630:12,13 1633:19,21
1634:1 1635:22 1636:5
scopes 1630:15 1631:15
screen 1394:25 1397:23
script 1657:20
scrutiny 1471:25
sealed 1598:3 1601:14,15
1601:15,17
search 1462:19
seasonal 1425:3 1445:13
1644:17
seasonally 1644:9
seasons 1501:11
second 1411:20 1425:6
1425:17 1426:10,19,20
1427:18 1428:23
1429:12 1430:3,9
1431:3 1433:21 1441:25
1451:14 1456:23
1463:10 1502:9 1519:8
1565:4,19,19 1566:9
1588:7 1591:4 1592:11
1593:1,3 1594:10,21
secondary 1417:10
1441:12 1527:16
1534:15 1544:12
secondly 1475:18 1527:1
1532:19 1595:10
1622:15
second's 1433:22
secret 1655:22
section 1430:23 1431:7,8
1431:13 1438:19
1447:10 1454:4 1465:21
1586:21 1635:4 1656:10
sections 1393:5 1412:22
1448:10 1453:15,17
1462:16 1580:16
sector 1582:14,15,16,18
1583:6,15 1613:13
secured 1402:1
see 1416:18,19 1420:11
1428:1,21,23 1429:8,23
1429:24 1430:3 1432:10
1433:14,19,23 1434:4
1434:24 1435:6,10
1437:8,14 1442:4
1446:1,4,5 1447:24
1450:20 1452:20 1457:8
1457:10 1461:2 1468:7
1475:6 1484:20 1485:5
1501:7 1510:22 1512:17
1515:2 1518:8 1520:9
1522:20 1524:11
1528:25 1531:7 1551:7
1551:17 1556:4 1568:22
1569:13,14 1588:6
1595:17 1597:9 1599:8
1607:3 1608:18 1629:3
1634:15 1635:23
1649:21 1651:12,18
1653:25 1654:9,10,14
1654:15 1655:24
1657:25 1659:12
1660:24
seeing 1458:24 1636:23
seeking 1395:25 1491:4
seen 1398:11 1432:6
1437:6 1451:6 1462:6
1557:19 1564:3 1574:17
1601:21 1655:23
seepage 1517:19,23
1518:3 1520:11 1522:22
1522:23 1525:20
1535:17 1536:10
1547:20 1573:19,23
1574:16 1588:3 1591:6

1596:24
seeps 1569:17,19
select 1407:17
selected 1555:18
selective 1626:14,16
send 1406:15,19 1407:9
1471:25 1518:9 1548:1
1645:22 1648:16
sense 1430:20 1444:22
sensitivity 1630:14
1631:2,11,12
sent 1414:20 1497:14
1510:9 1609:2
sentence 1464:4 1474:15
separate 1396:1 1417:14
1453:3 1464:14 1467:9
1477:17 1579:19
1590:14
separated 1522:13
September 1508:10
1509:12,20 1510:9
1514:7 1578:24 1580:13
1606:16 1607:9 1608:8
1608:13,14,22 1609:1
1611:8
sequence 1425:4
series 1419:25 1430:1
1477:15 1587:20
serious 1417:6 1435:2
1473:11 1499:3 1657:4
1659:11 1661:3
seriously 1485:24 1536:6
served 1491:24 1516:23
serves 1437:16
service 1441:14 1469:10
1490:19 1493:25
1527:15,16 1615:19
services 1481:12 1581:19
session 1493:12,13,16
sessions 1418:8
set 1401:1 1402:21
1409:5 1429:3 1537:21
1539:5,6,20 1562:4
1617:25 1618:1 1637:11
1662:9
sets 1419:9 1533:23
setting 1445:18
settlement 1399:5,8
1401:12,15 1403:13
1411:11,14 1454:18

1461:17,24 1462:11
1463:11,12 1466:11
1477:17,20 1478:13
1495:1,4,25 1500:10
1501:7
seven 1433:24 1492:12
severe 1460:18,19
severity 1405:4
shale 1560:13,16,24
1561:2,6,9,13,14,16
shallow 1533:13 1552:1
1587:5,6,7 1603:13,15
shallower 1603:21
shares 1655:9
shed 1499:5
Sheep 1390:14 1497:2
1508:1 1509:13 1579:11
1580:10,12,24 1607:13
1609:22 1610:4 1657:5
sheriff 1408:12 1410:6
1446:6
Sherman 1390:22
she'd 1563:9
shines 1654:10
ship 1559:5
shipments 1404:3
1412:11,18
shipped 1401:17
shipping 1401:10 1404:4
1406:21 1407:24
shoot 1644:6
shop 1643:23
shopping 1620:14
1621:4 1643:9
short 1421:3 1448:10
1595:18 1652:12 1657:2
1659:6
Shorter 1443:5
shortfalls 1494:22
shorthand 1662:8
short-time 1470:25
shot 1519:19
shoulder 1407:10 1655:4
show 1409:23 1423:17
1427:13 1428:5 1430:18
1433:6 1434:16 1436:21
1523:15 1526:23 1539:2
1545:16 1609:7 1616:16
1632:7 1657:11
showed 1394:24 1430:24
1431:1
showing 1444:14
1524:12 1634:12
shown 1419:10 1434:23
1494:6 1519:6 1521:24
1522:16 1538:14
1544:23 1545:11
shows 1430:17 1518:5,17
1530:25 1545:10
1550:22 1575:2
shut 1394:12
sic 1477:16 1638:7
side 1396:21 1440:17
1453:18,19 1460:22
1494:16 1564:25
1592:10,25 1645:17
sides 1494:12
sight 1474:13
sign 1407:20 1645:17
signature 1479:20
1662:17
signed 1479:21
significant 1430:22
1435:1 1490:15 1497:24
1519:3 1542:13 1586:4
1586:23 1589:8 1590:22
1594:11,17 1643:13
significantly 1498:10
1526:3 1574:6,15
signing 1407:23
silt 1588:14
similar 1419:9 1449:25
1539:23 1540:5 1561:13
1565:4 1575:20 1633:7
1656:18
simple 1439:12 1633:12
1661:9
simply 1587:13 1604:19
1633:17 1656:17
sincere 1446:18 1653:18
single 1418:1 1421:13
1422:2 1520:8 1521:6,8
1521:10 1522:22
1526:24 1534:4,7,10,13
1538:5,6,8,10 1544:6
sir 1469:22 1471:14,14,20
1472:21 1473:13
1595:20
sit 1559:18 1640:17
1650:15
site 1399:20 1401:21,22
1404:13 1418:24,25
1419:4,7,11,19,24
1420:24 1421:1,10
1422:8,9 1424:22
1426:4,23 1434:17
1435:2 1436:7,13
1437:5,7 1439:10,25,25
1440:1,4 1441:1 1444:7
1454:22 1456:18
1458:19 1459:6,6
1470:22 1484:6 1485:1
1492:21 1494:15 1499:5
1499:15 1500:14
1536:14 1537:13
1546:14 1550:1,5,7
1557:1,22,24 1560:18
1560:20,23 1561:1,4,5
1561:10,17,19,20,21
1577:9 1585:20 1586:14
1588:22 1590:10 1595:4
1601:13 1602:19,20
1604:14,23 1632:23
1634:7,16,17,18 1635:2
1635:5,21,24,25 1636:3
1636:3 1654:2 1660:7
sites 1401:21 1413:15
1444:3 1590:8 1626:8
1631:24 1633:9 1636:19
site-specific 1423:2
1546:10
sits 1489:15
sitting 1410:1,22 1429:4
1559:25
situ 1440:2 1485:8
1602:12
situation 1409:12 1436:7
1445:11 1455:11
1461:13 1482:25
1485:19,24 1518:21
1560:10 1586:16
1632:16
situations 1559:21
six 1433:13 1444:19
1655:5
six-day 1649:16
size 1396:10 1401:18
1425:12,25 1482:24
1485:20,22 1499:13
1531:12,16 1643:14,15
1645:5
sizes 1485:21
skewness 1439:21
skiers 1489:19
skip 1404:22
skipped 1405:10
sky 1432:11
slide 1518:5,17 1519:9
1523:14 1525:3 1564:15
1564:15 1619:2,2
slides 1518:7,14 1617:9
1637:21,22
slight 1422:4
slightly 1418:15 1428:5
sloppy 1559:9
slow 1487:21
slowly 1581:6
slurrying 1558:20
SMA 1393:2
small 1430:23 1431:7
1470:25 1490:3 1506:12
1527:2 1550:13 1551:7
1565:7 1592:6 1594:7,8
1644:6
smaller 1499:14,15
smallest 1525:19
SMA's 1510:20
Smith 1485:2
smoke 1416:19 1654:15
Smuggler 1632:21
1634:16 1635:2,5,21
snows 1654:10
social 1658:10
societies 1584:22
Society 1584:24
socioeconomic 1500:3
1610:7,15,17 1613:14
1613:24 1614:7 1617:20
1617:23 1618:4 1630:10
1638:10 1639:17
1641:16
socioeconomics 1614:11
sociological 1638:7
sodium 1529:21,25
software 1420:6 1620:2
1641:20,20 1642:3
soil 1517:22 1521:14
1554:16,18 1588:16
soils 1586:6 1593:22
solar 1490:13
Solar's 1657:17
solid 1537:4 1588:15
solidify 1610:4
solids 1532:5

solitude 1489:18
solution 1530:7,22
1547:17
solutions 1513:18
1529:25 1530:1
somebody 1406:25
1407:5
someday 1552:6
somewhat 1420:7 1563:7
soon 1462:24 1520:5
sophisticated 1442:21
sorry 1394:11 1411:13,16
1414:15,23 1415:5
1416:10 1425:14 1431:3
1458:6 1464:10 1467:23
1482:11 1486:5 1487:21
1501:19 1505:5 1509:4
1516:15 1519:21
1541:25 1549:17
1558:16 1560:7 1562:3
1563:13 1571:1 1577:2
1578:16 1583:2 1587:14
1590:10 1591:14 1600:4
1608:10 1616:17 1618:6
1618:14,16,19 1619:24
1621:15 1625:14
1628:11 1629:19
1630:21 1633:3,4
1634:18 1638:2,5
1641:2 1645:2 1654:21
1656:18
sort 1394:8 1402:14
1412:15 1449:14 1450:1
1568:4 1587:12 1597:7
1602:16 1658:1
sorts 1481:5
sound 1470:12
soundings 1421:17,23
1423:5
sounds 1465:15 1562:21
source 1396:13,13,14,16
1491:25 1493:3,7
1494:20 1496:10
1601:12
sources 1425:23 1496:4
1642:6,9,11
south 1433:2 1440:19
1583:18
southwest 1433:3
1436:24 1437:5 1488:22
1498:24
so-called 1477:9 1597:25

Spaanstra 1390:2 1392:7
1392:12,13 1415:11
1422:14,18,24 1450:7
1450:10 1452:8,13,14
1456:12,17,21 1462:13
1462:15 1464:24
1465:15,18 1467:5,13
1467:15,20 1468:1,5,14
1468:22 1473:20 1475:7
1475:14,22 1478:9
1485:14 1501:1 1504:11
1504:16 1507:21 1508:9
1509:19 1510:2,20
1511:22 1512:3,10
1514:17 1515:21 1516:7
1516:15,19 1518:7,13
1519:18,21 1522:25
1528:5,8 1529:4,10,11
1535:6 1541:21 1551:19
1556:2,10,13 1557:5
1563:1,8 1564:20
1571:1 1608:21,22
1651:24 1652:1
space 1420:2 1440:8,11
1489:17 1490:23
1572:19 1601:16
spaghetti 1598:4
sparse 1443:24
spatial 1440:17
speak 1444:8 1485:13
1546:25 1550:2 1593:15
1610:1 1621:13 1639:9
speaking 1545:12
1546:13 1576:12 1581:5
1626:23 1639:14 1640:8
speaks 1656:22
special 1397:14 1437:11
1443:12 1658:11,21,21
specialized 1472:1
1513:21,23
specialty 1543:19
species 1659:16 1660:7,8
1660:13,18,22
specific 1421:15 1423:11
1423:23 1428:8 1453:15
1457:18 1555:8 1627:8
1631:24 1641:12
specifically 1407:15
1413:20 1496:25
1497:13 1517:20
1529:24 1530:4 1543:25

1550:2 1586:1 1656:9
specifications 1497:6,9
specifics 1493:18
specified 1620:4
specify 1567:16
speck 1432:10
spectrum 1485:21,22
speculate 1646:15
speed 1418:19 1419:7
1421:7 1426:18 1427:3
1427:16 1436:10 1608:4
speeds 1428:8,9 1433:1
1433:20 1434:25 1435:7
1498:9
spell 1467:12 1578:7
1583:1,3 1606:10
spelled 1522:4 1523:12
1523:13
spells 1522:11
spend 1462:18 1620:13
1622:14 1638:12 1659:4
spending 1619:19,20
1620:6,18,21 1621:16
1621:18 1622:16,20
1631:4,9 1638:12
spewing 1654:5
spill 1406:11 1408:11
spilled 1404:23
spills 1404:1,18 1445:17
spirit 1609:25
split 1644:8
spoke 1533:11 1573:5
1629:2
spoken 1639:3
spots 1405:1
spray 1485:7,20
sprayed 1486:1
spraying 1485:11
spread 1409:21 1593:17
1593:25 1594:1,11
spring 1425:3
sprinkler 1485:11
sprinklers 1532:18
sprinkles 1485:8
sprinkling 1485:8
squeeze 1648:13
ss 1662:2
stabilized 1531:1
stack 1554:8,13,15
1556:7,17,24
stacked 1560:14
stacking 1558:8,19
stacks 1542:9
staff 1460:25 1490:4
1513:5
stage 1420:8 1496:18
stand 1447:22 1606:25
1624:17
standard 1417:1 1419:4
1521:9 1540:17 1544:7
1562:19 1657:2
standards 1401:10
1466:7,9 1468:2
1562:15 1590:9 1617:25
1618:1 1658:4
standing 1493:13
stands 1449:12 1619:25
start 1414:5 1450:7
1460:15 1465:24,25
1483:24 1509:4 1581:2
1648:5 1652:14 1654:17
started 1513:5,16 1520:1
1553:1
starting 1465:20
state 1389:25 1401:19
1405:5 1413:16 1416:2
1440:21 1444:14 1446:7
1448:4 1449:6 1453:9
1453:23 1465:9,10
1466:6,15 1486:21
1491:19 1501:16,25
1502:2 1503:23 1512:7
1523:4 1536:15 1542:15
1549:13 1551:12
1552:18 1562:21,23
1564:10 1578:5 1606:7
1612:9 1651:15 1652:5
1653:8 1662:1,6
stated 1420:14 1522:3
1531:19 1532:2 1533:8
1535:16,16 1537:7
1545:13 1587:8 1629:7
statement 1392:23
1393:11 1414:16,25
1415:1 1422:16,25
1443:22 1458:18
1478:14 1488:7 1529:17
1590:23 1592:1,1
1653:6,24 1660:5
statements 1415:14
1497:3 1615:18

states 1426:11 1438:19

1492:14 1514:5,16
1521:9,23 1522:10
1526:22 1543:7 1555:3
1581:13 1582:2
statewide 1632:5,11
state's 1453:12
state-of-the-art 1488:10
static 1590:1,24
stating 1535:24 1547:19
station 1410:2,22
1412:16 1418:22 1419:2
1421:16 1457:13
1458:25 1459:8
stationed 1445:15 1502:3
stations 1417:1 1456:25
1457:5,11,12,19
1459:12
statistically 1430:22
1435:1 1643:12
statistics 1421:22
1439:20
status 1493:22 1495:21
statute 1602:12
stayed 1599:22
step 1619:18
stepping 1469:9
Steve 1477:25 1497:22
stick 1454:4
sticking 1655:1
stigma 1623:2,4,6,9
1625:9,19,21,24 1626:1
1626:22 1627:6,11,21
1628:3,3,6,22 1632:6,8
1632:11,15 1634:5,7
1635:20 1636:1,22
1639:18 1640:3 1653:21
Stills 1390:9 1392:4,5,8
1392:11,13,14,16,18,20
1392:21,24 1394:10,24
1397:20 1398:8,14,17
1398:23,24 1405:14,17
1405:24 1406:6,7
1408:1 1411:16,19
1412:21,24 1413:18,23
1415:3 1452:6,12
1462:5,10,22 1465:14
1466:17,20 1467:23
1468:4,9,13,25 1469:5,7
1475:25 1476:7 1478:11
1486:16 1503:12,16
1504:17 1507:5,12,15
1507:17,20,23 1508:14
1508:19 1509:24 1510:1
1510:5,8 1511:2,23
1514:22 1515:16
1516:12 1522:1 1528:3
1528:6,9,23 1535:9,11
1535:13 1540:12,18,21
1541:16,25 1542:8
1555:19,24 1556:4,5,14
1557:7 1562:2,5 1563:6
1563:17 1577:4,6,16
1578:16 1579:2,14,21
1580:2,6,17,23 1584:8,9
1594:20,23 1598:20,21
1599:3 1605:7,22
1606:14 1607:18
1608:10 1609:7,8
1610:10,19 1611:11
1614:4 1616:2 1618:6
1623:22 1624:2,9,15
1627:5 1628:1,9
1637:10,15,24 1638:2,3
1640:19 1649:2,14,22
1650:8,11 1651:7,11,17
1651:20 1654:23,24
stint 1513:12
stipulated 1510:6
stock 1395:11
stockpiles 1477:9
stop 1399:3 1445:4
1646:21
stopping 1646:11
storage 1514:2,14
1521:22 1522:9 1554:14
1554:20,23 1555:3
store 1621:4 1639:4,7,8
1639:16 1643:20
1644:21 1657:12
storm 1417:3 1437:25
1439:8 1483:16
storms 1430:19 1431:20
1433:9,12,17,18
1436:14 1442:2 1443:5
1445:13 1498:18,22,25
1499:2
straight 1474:2
straight-line 1420:22
strata 1592:9
strategies 1613:22
strategy 1656:21
Stratus 1515:1,9 1516:2

1531:11,20 1550:10
1585:15 1605:17
1607:21,22
stream 1439:11 1548:20
1549:1,14
streams 1445:9 1548:13
1549:7,17,19
Street 1389:21 1390:3,17
1390:22 1662:21
strength 1529:24
strenuously 1508:15
stricken 1556:12
strict 1606:22
strike 1555:21 1556:11
stringent 1521:15
strong 1432:2 1433:4
1483:16
strongly 1395:20
struggling 1428:13
stuck 1481:9
student 1442:11
studied 1484:3
studies 1397:10 1483:17
1483:20 1526:10
1618:23 1619:4,7,7,11
1623:9,16 1627:14,18
1632:8
study 1400:13,19
1437:20 1438:3 1454:25
1455:4,13 1456:11
1468:10 1482:22,23
1492:4,13 1493:5
1494:4 1499:6 1526:22
1619:21 1620:3,5,9,10
1620:15,19,22 1621:20
1622:1,4,11,23 1626:20
1627:11,19 1628:3
1630:5 1633:1 1639:25
1644:25 1645:5,6,10
stuff 1459:19,25 1464:6
1484:1 1654:5
subject 1421:6 1426:23
1445:6 1447:9 1476:21
1477:12 1509:11
1516:11 1551:23 1614:1
1616:2 1617:4
submit 1414:25 1510:13
1607:8 1648:1 1649:14
submitted 1447:14
1517:16 1607:10
1608:14 1611:4 1616:20

1652:6
Subpart 1562:19,24
1564:5
subsequent 1438:20
1533:7 1587:10
substantial 1400:9
1444:14 1595:12
substantially 1526:24
1527:11
substantive 1496:23
success 1544:3
successful 1493:22
sucks 1483:10
suction 1598:10
suffer 1472:24
Suffice 1495:8
sufficient 1436:6
1660:14
suggest 1443:11 1528:24
1632:6 1650:13
suggested 1446:1
suggestion 1534:9
1552:6
suggests 1437:24
suitable 1402:5
Suite 1390:3,6,10,17
1662:21
summa 1512:22
summary 1393:5
1438:18 1513:1 1580:15
summation 1621:10
summer 1426:22
summertime 1441:8
Sup 1476:2
Superfund 1612:23
1631:24 1632:21 1633:9
1634:7 1636:3,19
1654:2
supplied 1429:15
1440:12 1653:1
suppliers 1442:5
1620:12,25 1622:12
supply 1428:17 1445:5
1491:12,14 1492:25
1583:7,9 1614:18
1658:8
supplying 1417:9
1440:25 1454:1,9
1496:8
support 1442:1 1508:22

1533:10 1592:1 1626:15

1626:25 1632:19
1647:16 1658:19
1659:23
supported 1412:18
1592:21
supporting 1402:13
suppose 1650:5
supposed 1609:24
1641:23
suppression 1476:22
sure 1402:1,24 1406:19
1409:11 1415:20 1419:2
1425:11 1434:13
1451:15 1455:3 1457:1
1462:1 1470:16 1511:11
1535:11 1566:18
1591:15 1608:10,19
1637:13
sures 1487:18
surety 1397:21,22 1399:9
1399:15
surface 1421:2,7 1425:22
1426:17 1437:16
1439:18 1440:2 1491:11
1491:15 1494:20
1497:11 1533:15 1540:2
1571:13,22,24 1572:13
1573:2 1576:7,12,13
1583:11 1586:7,10,11
1589:21 1598:4,14
surprise 1559:11 1608:2
1609:19 1624:17
surprised 1448:3
surrogate 1435:6
surround 1571:10
surrounding 1409:18
1490:11 1514:15
survey 1524:1 1542:18
1542:19 1643:18
surveys 1660:12,17,19
1660:21
survive 1576:5,8
suspended 1499:12
suspenders 1535:20
suspension 1495:17,24
1496:14
sustained 1443:4
1465:17 1478:10 1557:6
Swan 1467:18
swell 1530:1
swimming 1570:7
switch 1440:5
sworn 1416:5,13 1486:19
1512:5 1578:3,11
1606:5,19 1611:23
synthesize 1631:14
synthesizing 1631:20
synthetic 1530:5,8
1548:9 1549:11
system 1394:24 1395:4
1426:14 1437:16 1485:8
1485:11 1491:21,24
1517:19,23,25 1518:2
1521:25 1522:14,16,21
1523:16,17,18 1526:8
1526:21 1531:4 1534:19
1535:5,21,23 1536:6,8
1536:11,14,18,21,23,24
1537:1,4 1539:1,18,21
1540:15 1544:13,16
1547:18,21 1553:21,22
1553:24 1556:9 1560:11
1564:4 1566:25 1567:15
1568:2,4 1570:13
1573:20,23 1593:14
1595:5
systems 1518:15,18
1520:20 1526:2 1527:24
1532:14 1535:17,18
1537:5,11 1539:3,14
1545:3,21,23 1546:20
1547:2 1566:15 1572:24
S-a-n-d-r-a 1606:11
T
table 1426:9 1433:21
1434:9 1449:24 1450:3
1619:2,3 1624:25
tail 1430:12 1445:22
tailing 1395:10,16 1514:2
1514:13
tailings 1395:10,11,13,20
1395:22 1425:11,13,22
1425:25 1429:3 1431:6
1457:3 1459:16,18,22
1459:24 1460:6,12,16
1476:8,11,21 1482:19
1483:3 1514:15 1521:22
1522:9 1539:15,18
1540:4 1543:25 1546:17
1546:22 1547:5,12
1548:11 1554:5,7,9,13
1554:13,14,15,16,20,23
1554:24 1555:1,3,12,18
1556:8,17,25 1557:4
1558:5,7,8,10,12,12,19
1558:21,25 1559:1,9,14
1559:17,20,25 1560:19
1563:21,23 1564:1
1566:21 1567:7 1568:25
1569:13,16,18,24,25,25
1570:6,7,12,18 1571:10
1572:10 1573:18,19,22
1573:23 1574:19,19,21
1576:13,16 1585:20
1590:20 1596:14 1597:8
tails 1551:18
take 1407:5 1410:2,8
1423:4 1427:22 1452:10
1454:12 1459:13 1462:1
1468:7 1469:2 1470:24
1495:11 1501:22 1502:3
1507:2 1550:9 1556:21
1567:19 1568:6,10,13
1592:7,17 1609:8
1618:12 1622:4,5
1627:7,10 1630:15
1631:20 1637:10
1648:11 1652:7
taken 1403:24 1424:21
1426:2 1432:20 1435:4
1441:17 1443:18
1468:16 1503:23 1532:8
1537:18 1557:10
1577:21 1644:16,19
1662:8
takes 1595:17 1596:5
1655:8
talk 1394:15 1395:9
1451:13 1487:21
1491:13 1502:23
1512:12 1531:3 1550:4
1566:10 1629:16 1650:1
1658:10
talked 1397:4 1401:3
1412:25 1430:4 1462:8
1549:25 1586:12 1601:4
1639:4 1643:8,19,21,22
1648:12
talking 1399:3 1411:10
1427:14 1447:6 1453:6
1480:11 1541:21 1554:5
1559:16 1571:6 1575:5

1593:4 1657:18
talks 1400:19
Target 1621:6
Tarlton 1454:2 1477:25
1493:24 1497:15,22
1504:24 1505:14 1533:8
1651:10
Tarlton's 1452:16
tarpaulin 1402:5
task 1499:9
taught 1613:8
tax 1481:13
taxpayer 1488:4 1500:10
team 1404:13 1406:17
1407:11,14,22 1410:14
1410:21 1412:19 1611:6
1613:3 1616:12
teams 1407:16 1409:19
1410:1,8,16,19
tear 1400:17
Tech 1513:2,4
technical 1403:21
1496:20,22 1514:7,11
1564:25 1589:4 1658:4
1658:9
technically 1420:7
1427:4
technique 1632:24
1633:7 1635:9 1640:1
techniques 1417:2
1419:4 1597:13 1637:3
technologies 1539:7
1655:13
technology 1512:24
1539:1 1555:14 1556:6
1556:15,19,22 1559:22
1560:1 1573:15
telephone 1650:7
telephonically 1390:18
1390:23
tell 1408:20 1459:7
1481:4 1487:20 1488:17
1544:25 1548:25 1556:5
1567:23 1581:20
1597:17 1622:6 1648:23
1654:16 1655:18
tells 1568:5
Telluride 1399:5
1401:12 1411:15
1420:20 1423:17

1436:24,25,25 1438:25
1454:18 1461:18 1462:3
1463:13,19 1464:9
1465:6 1466:13 1477:15
1477:19 1478:16 1495:2
1496:1 1501:15 1636:22
1657:9
temperature 1418:17,19
1419:22 1457:16,20
1565:15 1570:1,3
temporary 1495:16
1496:14
tend 1655:15
term 1502:19
terminated 1495:8
termination 1530:20
terming 1520:8
terms 1452:14 1453:9
1468:7 1509:22 1526:25
1584:18 1621:3 1639:1
1642:8 1648:17 1656:23
terrain 1420:24 1421:12
1431:17 1474:3,6,9,13
1474:17 1497:18,21
1498:9
terribly 1634:8
test 1530:21,25 1566:17
1568:11 1595:15 1601:5
1601:7 1604:19
tested 1573:5 1602:13,17
1602:18
testified 1395:24
1416:13 1432:8 1451:11
1451:16 1461:3,5
1471:15 1472:22
1474:12 1485:15
1503:25 1517:6 1520:12
1525:6 1533:19 1543:21
1544:6 1551:20,22
1562:5 1563:6,8
1578:12 1593:12 1600:8
1600:14 1611:24 1627:6
1627:10 1639:24
testify 1414:10 1462:6
1466:20,24 1475:8
1500:21 1502:25
1504:23 1510:16 1515:7
1515:11 1517:13 1522:5
1543:1 1547:3,11
1555:20 1577:13
1579:24 1580:20
1591:15 1605:5 1611:17

1615:8,10 1624:21,25
1646:20 1659:25
testifying 1398:9
1415:14 1465:15
1469:20 1473:16 1478:9
1506:11 1577:20 1618:7
1618:8 1623:23,24
1624:23 1637:16
1644:15 1646:2
testimony 1392:7,10
1399:1 1414:16 1437:14
1440:20,22 1442:14
1452:15,16 1453:7
1466:2 1468:10,21
1469:13 1470:7,18
1471:5 1472:18 1473:22
1476:7 1477:25 1478:11
1480:5 1484:11 1486:14
1488:11 1497:2,4
1500:22 1505:2 1507:13
1508:4,24 1514:24
1515:1 1517:7 1523:1
1525:4,10 1526:2
1528:11,24 1529:3
1531:14 1533:3,4,7
1534:6 1535:14,22
1538:20 1550:6 1551:14
1554:10 1556:11
1557:23 1558:1,15
1560:5 1563:10 1577:7
1578:22 1579:6 1585:16
1594:13 1599:9,16,25
1602:22 1603:1 1604:22
1607:13 1616:20
1617:10,14,15 1623:3
1628:16 1629:22 1632:1
1633:5 1634:1 1637:2
1640:11,14,17 1646:20
testing 1495:5 1529:15
1530:5,9,12,18 1548:1,7
1548:10 1549:12
1566:18,24 1573:12
1587:11 1600:10,20,21
1602:9
tests 1530:3 1544:24
1548:7
thank 1403:9 1405:9
1409:13 1413:23,24
1450:4,21 1451:23
1454:15 1456:21
1458:13 1459:9 1467:5

1468:4,19 1469:8,10,12
1473:18 1477:18
1481:18,20,23 1486:9
1500:20 1506:15
1511:22,23 1512:3,13
1513:19 1514:17
1515:16 1529:10 1535:6
1564:12 1570:21 1573:3
1575:15 1577:16,19
1580:2 1581:1 1582:8
1584:3 1586:11 1594:18
1596:13 1598:17
1605:23 1611:21 1612:3
1612:16 1622:6,25
1626:4,13 1627:2
1647:7,9 1648:9
1652:18 1654:19
1658:20,23 1659:1,2,2
1661:7
thanks 1414:3 1420:10
1482:14 1506:11,14,24
1548:5 1637:22
theoretical 1502:15
1526:23
theories 1503:6
theory 1486:6 1503:8
thereof 1558:3 1582:23
they'd 1445:3 1559:10
1576:18
thick 1395:17 1520:25
1521:13 1524:17
1560:23 1561:1,6,8
thickness 1519:7 1603:5
1603:5
thin 1523:5
thing 1430:9 1435:5
1440:13 1450:3,15
1459:21 1476:23 1490:4
1495:23 1523:21
1547:15 1558:16 1561:4
1567:4,6,20 1568:10
1574:10 1580:10
1589:22,25 1590:23
1591:4 1593:7 1594:10
1596:22 1602:4 1604:20
1650:1 1653:5,21
1654:3,4 1659:13
things 1409:1 1429:2
1432:6,9,17 1436:14
1448:21 1451:8 1456:20
1462:6,14,19 1463:15
1467:8 1469:24 1471:20
1480:6 1485:7,25
1502:2 1525:6 1537:2
1537:17 1540:25 1541:6
1546:7 1568:8,9 1595:8
1596:14 1606:22 1608:4
1635:19 1642:15
1650:16 1654:8,25
1657:23
think 1398:9,15 1404:23
1405:6 1412:15 1415:13
1415:15 1423:15
1424:10 1426:12
1431:16 1451:6,7,7
1453:6 1455:7,10
1457:1 1458:22 1459:16
1460:22,25 1461:21
1463:6,11,24 1468:5,15
1468:15 1471:14,20
1472:4 1473:6 1478:2
1501:6,12,19,25 1502:7
1504:9,14 1508:5
1515:14 1525:10
1534:23 1538:19
1541:15 1555:23 1570:5
1570:20 1573:17
1575:12 1576:4,22,24
1586:2 1590:11 1591:17
1596:13,17 1607:6
1609:5,15 1618:17
1625:24 1626:18
1627:22 1634:3 1636:13
1639:6 1643:5 1646:8
1646:16 1648:10,24
1649:17 1650:25
1651:23 1653:4 1657:25
1658:22
thinking 1450:13,19
1467:20 1654:16
third 1465:20,21
Thirdly 1527:8
thought 1405:21 1446:19
1462:17 1511:12
1552:14 1573:14
1629:19
thousand 1396:2,7,9,15
1397:6 1400:15 1432:7
1490:10 1498:3 1545:4
1545:12 1573:6,10
1575:6,8 1592:8,17

1593:5
thousands 1421:1
1488:15 1574:3 1593:5
three 1400:1,23 1412:17
1416:17 1425:18,19
1432:25 1433:10,11
1488:19,25 1489:2
1492:1 1496:3 1526:7
1550:12 1586:17 1591:7
1593:23 1594:5 1604:23
1619:7,11 1620:8
1621:10 1656:24
threshold 1425:7,13,17
1425:19 1426:3 1430:1
1430:8,21 1438:4,6,9
1477:6
Thunderbird 1612:13
thunderstorms 1426:24
1445:13
Thursday 1487:8
1650:22,23
tied 1436:15 1658:14
time 1409:7 1419:25
1421:21,24 1422:5
1423:5 1427:23 1428:15
1428:16,25 1430:1,25
1433:11 1434:3 1436:1
1438:16 1439:5 1440:8
1440:8,11 1442:12
1443:5 1446:2 1447:14
1447:15 1455:19
1462:18,23 1479:5
1486:15 1495:11,14
1507:1 1511:16 1513:12
1515:15 1525:12
1528:12 1532:18
1553:15 1559:10
1570:16 1579:3 1589:12
1589:23 1590:7 1594:8
1595:18,19 1596:9
1599:22 1600:22
1604:13 1606:24
1607:14 1608:1 1609:21
1629:11 1646:6 1648:6
1649:6,18 1652:8
1656:14 1658:20 1659:3
1660:20 1662:8
timely 1508:6
times 1402:4 1421:18
1426:19 1429:6 1432:22
1436:15 1477:10 1489:2
1492:5 1520:10 1522:21

1522:23 1523:2 1530:10
1553:22 1592:23
time-consuming
1445:11
timing 1578:20
tinker 1651:1
tip 1598:1,1
tired 1659:7
title 1526:20
titled 1527:20
today 1450:14 1515:7
1555:13 1565:3 1578:19
1581:2 1582:7 1607:12
1612:3 1628:16 1631:18
1641:14 1648:6 1650:16
told 1396:4 1648:18
1657:7 1659:19,20
ton 1440:14
tonnage 1401:17
tons 1396:2,5,7,9,15,25
1397:6,17 1400:15
tool 1620:2
top 1419:12 1570:11,17
1574:2
topic 1529:12 1534:21
topographical 1494:24
tornado 1431:16,18
tornadoes 1431:15,22
total 1499:11 1529:1
1532:5 1619:14 1621:12
1631:3
totally 1504:12 1563:11
touch 1394:9
tourism 1500:5 1623:9
tower 1419:13,14
1424:22
towers 1419:22 1483:6
town 1399:5 1437:4,17
1481:4,7 1486:24
1487:1,2,6 1488:18,20
1489:3,5 1490:11
1491:2,8,12 1493:14
1494:3,14 1495:2
1496:1 1498:16,20,25
1499:2,15,17,23
1501:14 1503:20
1505:17 1506:2,12
1634:19,23 1635:1,5,6
1635:22,24 1636:13,16
1636:25 1643:19
towns 1420:19,25 1422:8

1439:1 1498:6,9
1631:23 1633:13
1636:18
town's 1490:9 1494:21
toxic 1445:5,10,17
track 1488:5 1502:6
traffic 1400:12,13,19,20
1404:18,21 1441:7,12
1443:24,25 1444:2,11
1444:14,15,23 1446:8
1454:25 1455:4,5,10,11
1455:13 1456:11 1646:5
traffic-related 1641:8
trailer 1401:18,25 1402:3
1635:1
trained 1410:24 1412:12
1445:19 1635:8
training 1409:6,10
1412:3,7 1470:9
trajectories 1422:3
1423:16 1424:4 1437:7
1437:8
trajectory 1421:13
1422:2 1423:9 1436:20
transcended 1489:5
transcript 1389:3 1649:7
1649:10,16 1662:11
transfer 1439:12 1500:14
1529:8 1596:2,11
1597:10
transferring 1463:18
transfers 1524:25
transient 1550:22,25
transitions 1425:3
translates 1425:7
transmit 1590:19
transmittal 1607:19
transmitted 1599:13
1607:20,20
transpired 1509:6
transport 1408:9,19,23
1409:14 1412:12
1417:18,19 1440:25
1441:5 1443:24 1448:5
1470:21 1471:11
1474:14,15 1477:3
1492:19 1494:7 1498:19
1527:3 1560:3 1601:12
transportation 1399:19
1399:25 1400:22,22
1401:9 1402:14 1408:8

1409:4 1412:4,7
1417:12,15,16 1443:21
1444:21 1453:19
1454:16,22,23 1455:23
1456:19 1462:9 1463:2
1465:12 1469:19 1471:2
1475:17 1500:3 1614:10
1641:8
transported 1412:11
1432:15 1492:7
transporting 1464:6
transuranic 1582:24
1583:4
travel 1422:11 1499:14
1528:16 1594:8
traveled 1401:20
traveling 1498:1
Travers 1533:3,19 1534:5
1552:14 1579:9 1585:15
1586:12,24 1593:12
Travis 1390:9 1464:18,21
1467:22 1478:9 1512:15
1516:2 1556:3
treacherous 1441:3
treadmill 1428:16
treasurer 1490:5
treated 1404:20 1418:6
treatment 1394:23
1395:4 1491:21
trench 1534:14
trial 1648:15
Triangle 1623:18
tributary 1491:16
tried 1455:13 1457:22
1511:17 1531:14
1536:17
trouble 1637:11
trout 1583:13,13
truck 1401:25 1406:12,14
1409:20 1441:7 1444:18
1445:10,23
trucks 1400:5 1401:22
1410:13 1440:12
1441:13 1444:7 1445:2
1445:5 1463:14,18
1464:2,5,6 1485:6
1559:2,5 1646:11
true 1397:6 1422:10
1433:2 1438:24 1506:4
1662:11

truly 1489:24
trust 1489:10 1490:20,20
1500:21
truth 1531:8
try 1484:24 1487:20
1531:7 1571:21,23
1650:3 1651:18
trying 1395:18 1447:1
1518:10 1536:3 1635:11
1635:12,12,13,14,15,19
1639:6
TSF 1548:16 1549:7
tsunami 1650:11
tube 1598:9
tubing 1598:4,10,14
Tuesday 1389:18
turn 1442:13 1462:25
1518:11 1564:20,22
1571:3 1623:1
turned 1408:15 1431:25
1571:2
turning 1582:10,11
twice 1438:5,6
two 1395:15 1397:25
1408:24 1411:25
1412:21 1420:13 1423:4
1423:8 1426:13 1429:7
1430:2 1441:1 1444:15
1453:20 1456:25
1488:20,24 1490:14
1515:1 1518:7 1521:13
1522:13 1526:6 1527:22
1537:23 1541:13
1548:20 1549:6,17,19
1550:12,14 1559:20
1561:23 1568:13
1586:17,20 1587:24
1588:1 1589:15 1595:8
1604:23 1607:23 1615:7
1621:17 1631:1,1,19
1633:13 1634:17,18,22
1647:15 1652:9 1660:23
type 1395:18 1411:23
1422:12 1430:17
1442:24 1513:19 1521:1
1549:14 1604:7
types 1395:9 1518:17
1549:17,19 1569:1
typewritten 1662:10
typical 1498:22
typically 1492:11 1506:5
1518:18 1644:22
typo 1618:18
T-r-a-n-s-u-r-a-n-i-c
1583:5
U
Uganda 1426:13
Uh-huh 1453:10 1463:5
1467:19 1475:10
1520:18 1565:14 1566:7
1633:23 1636:7 1643:10
1643:24 1644:3,10
1645:19,24
ultimately 1398:3
unable 1420:23 1556:19
unacceptable 1445:18
1446:8 1448:13 1555:2
unanimously 1495:4
unanswered 1659:14
unaware 1547:2
Unaweep 1644:6,7
1653:25
uncertain 1495:14
underdrain 1523:17,18
1570:13
underestimate 1622:8
1622:10,15
underestimates 1622:18
undergraduate 1612:8
underground 1582:22
1583:16,17
underlaying 1586:22
underlined 1462:14
1463:12 1467:4 1539:23
underlying 1631:16
1638:7
undermines 1656:22
underneath 1536:11
1561:2 1568:20
understand 1405:11
1410:9 1453:1,2 1454:2
1460:10,14 1462:12
1469:23 1470:1 1471:17
1473:24 1476:19
1501:19 1515:5 1519:17
1531:9 1538:19 1544:19
1547:7,9,10 1552:3
1566:20 1568:19
1569:17 1574:25
1579:10 1627:11,13
1630:22 1633:22 1637:4
1639:25
understanding 1472:25
1480:6 1526:5 1557:11
1558:24 1623:25 1637:6
understands 1522:6
understood 1452:4
1455:14 1460:17
1529:14
underwater 1460:7,13
1461:4
undesirable 1625:20
unfair 1609:19
unfamiliar 1556:18
unforgiving 1445:8
unfortunately 1423:18
1426:12
Union 1390:6
unique 1470:5 1489:25
1657:10
unit 1440:15 1565:18
1613:19
United 1426:11 1492:14
1514:4,15 1521:9,23
1522:10 1543:7 1555:3
1581:13 1582:2
units 1519:16 1565:1
universities 1448:20
1613:9
university 1492:17
1494:1,5 1512:21
1581:15,17 1582:3
1612:10 1613:3 1623:19
unknown 1448:10
unnamed 1438:20
unnoticed 1408:12
unpaved 1441:12
unquote 1444:2 1474:20
1481:12
unreferenced 1437:21
1448:9
unrelated 1634:3
unsafe 1493:1
unsaturated 1588:3
1596:24 1597:22
updated 1409:8 1479:23
1655:19
updating 1419:24
1656:16
upper 1421:8,15,15,17,23
1432:16 1523:18,22
1524:4,15 1525:11
1540:2 1570:14
uppermost 1592:3
upstream 1439:8,25
upwards 1514:7
uranium 1389:6 1402:4
1409:20 1436:3 1440:14
1441:23 1448:1,24
1449:11 1463:2 1465:2
1475:8 1487:24 1491:4
1503:9 1514:3,15
1518:16,23 1520:17
1521:16,22 1522:9
1540:17 1543:7 1549:1
1554:14,20 1555:2
1558:12 1602:12 1618:3
1623:5,5,10,13 1625:4,4
1625:9,12,13 1626:8
1633:6 1655:12 1656:25
1658:2,12,15 1659:11
1661:4
Uravan 1419:3,10
1457:19,20 1653:25
urinate 1486:3,7
URS 1513:7
USA 1418:12 1448:19
USDA 1642:10
use 1397:14 1402:5
1406:18 1417:10 1420:9
1421:8,14,19 1432:3
1439:17,23,23 1452:21
1472:20 1484:14
1504:21 1521:10,15
1554:12,14 1555:2
1565:7 1614:10 1627:16
1637:3,3,23
useable 1594:17
useful 1634:25 1635:6,8
1636:6
useless 1418:24
users 1591:9
uses 1421:2,12 1497:20
usually 1597:3 1598:12
Utah 1441:2 1612:9
1613:17 1620:20 1629:4
utilities 1613:21
utility 1591:24
UV 1524:14
U.S 1397:25 1398:6,10
1490:19 1493:25
1597:13

V
vacationers 1441:24
vacuum 1566:18
vadose 1533:1,4,8,20
1537:8 1552:4 1579:9
1585:15,19 1586:4,5,8
1586:13 1588:4 1592:6
1592:12,18 1593:13,14
1594:9,15 1596:25
1597:22 1602:22 1603:2
1603:5,7,22 1604:8
valley 1416:18 1425:9
1431:17 1432:3,6
1435:12 1437:15 1455:8
1455:9,14 1458:25
1483:13 1489:15
1490:13 1491:8,10
1492:6 1494:12,20
1498:1 1630:2 1637:9
1638:19,24 1639:21,22
1640:1 1645:16 1654:17
1657:8,11
valley's 1435:14
valuation 1629:17,23
1636:24
value 1431:1 1613:4,5
1632:5,5
values 1439:18 1500:9
1612:25 1623:7 1629:1
1629:4 1632:13,14
1633:8 1634:6 1635:4
1635:23 1636:2,2,16,16
1636:24
vanadium 1465:2 1548:8
1548:18 1549:2,22
variability 1419:20
1423:5 1424:20,23
1429:10,20 1434:16,22
1470:24 1473:4 1475:5
1483:14,15 1484:7,14
1484:16,17 1643:15
variable 1485:13
variables 1418:19
1419:21 1420:2
variance 1439:21
varies 1429:18
variety 1583:23
various 1417:24 1444:11
1446:2 1447:2 1454:11
1459:12 1471:7 1481:14
1485:25 1551:1 1618:23
1631:15,20,23 1642:20
1652:25
vary 1433:20 1636:5
varying 1546:5 1630:4,8
1630:9,21 1636:2,24
vast 1434:24
vehicle 1402:3
vehicles 1444:4 1640:25
1641:5
velocity 1419:23
venture 1643:25
verbatim 1528:1
verbiage 1487:19
1500:19
verify 1396:10 1401:23
version 1462:22 1505:12
versus 1530:4 1534:4
1547:13 1559:17
1604:13
vertical 1592:21,22
1593:3 1597:4 1601:12
vertically 1596:25
Veterans 1469:10
vicinity 1402:14
vicious 1442:2
videoed 1408:14
videotaped 1493:14
Vienna 1585:1
view 1533:19 1639:16,17
1639:19,21 1640:3
1654:14 1655:9,10
views 1468:16 1630:6
1640:7,11,14 1658:19
VII 1389:3
violation 1395:6 1488:9
violent 1425:2 1426:23
1445:12
viscosity 1565:9,13
visibility 1442:10
visible 1492:10 1572:20
vision 1488:7
Vista 1583:10
visual 1435:19 1442:6
1515:3 1534:16 1569:10
visually 1401:25 1524:9
1599:14
void 1415:16
voids 1597:15
voir 1392:13,20 1514:20
1514:21 1517:6 1584:7
1584:8,12,17 1608:5
1614:1,3 1616:3
volume 1389:3 1400:1,11
1401:2,5 1402:18,20
1403:1 1454:20 1456:12
1582:11
volumes 1400:20
voluntary 1410:19
1651:12
volunteer 1445:17
Vostatek 1657:22
vs 1476:1
vulnerability 1446:3
W
W 1389:18 1390:21
1562:19,24 1564:5
wages 1620:14 1622:14
wait 1394:12 1408:23
1413:24 1416:3 1466:19
1518:12 1650:5
waiting 1410:22 1412:15
1650:9
walk 1458:24 1518:14
walked 1643:19
walking 1461:16
walks 1523:14
wall 1534:4,4,5,7,10,13
Wal-Mart 1621:6
want 1394:16 1400:16
1405:14 1412:14 1414:5
1414:5,8,10 1416:20
1418:21 1422:23 1431:2
1440:21 1442:13
1443:21 1447:19 1450:5
1450:15,16,22,23
1457:1 1458:3 1465:23
1465:24 1467:11
1477:24 1481:21,24
1486:14 1487:6,17,23
1491:13 1493:15,23
1500:17 1501:17
1502:14,17,23 1506:19
1510:19,25 1512:1
1528:25 1535:9 1559:19
1567:19 1580:4 1591:14
1595:5 1601:4 1637:25
1642:14 1645:6 1647:11
1647:25 1650:3,4,6
1651:24 1652:18,22,24
1653:4,21 1657:13,24
1659:12
wanted 1397:5 1400:10

1449:10 1459:1 1470:15
1579:10 1583:11 1607:4
1622:8,10 1628:5
1635:20 1636:1 1651:11
wanting 1486:7
wants 1414:24 1493:7
1594:20
Warren 1485:2
wasn't 1395:5 1417:5
1419:2 1452:8 1459:5
1473:14 1477:22
1484:19 1550:6 1563:20
1604:14 1628:9 1631:11
1661:6
waste 1448:15 1462:18
1462:18 1513:24 1516:3
1527:21 1548:13,19,25
1549:6,14,17,19
1582:19,24 1590:7
watch 1504:15
water 1394:23 1395:2,3
1395:20 1396:17
1404:19 1437:16 1444:6
1460:18,20 1468:2
1476:14,22 1477:2
1483:3 1490:15,18,22
1491:12,14,15,21,24
1492:1,25 1493:3,7
1494:4,21 1495:5
1496:3 1497:11 1498:18
1523:20 1532:4,9
1533:15 1546:19
1547:25 1550:13,15,21
1550:23 1551:7 1554:25
1555:12,16 1557:1
1565:12,13,13 1569:16
1569:17,21,22,24
1570:1,2,8,12,15
1571:12,19,22,24
1572:8,12 1573:1,20,22
1573:25 1574:2,7,21
1576:12 1581:24 1583:9
1583:11 1584:5 1586:12
1586:13,14,24 1587:2,3
1587:8,9,11,13,13,16,25
1588:2,3,5,8,10 1589:1
1589:11,14,19,24,25
1590:5,11,12,13,17,18
1590:23,25 1591:2,3,5
1591:11,16,22 1592:3

1593:12 1595:4,7,9,16
1595:17,19,22,23
1596:1,3,6,7,10,19,23
1598:7,15 1600:25,25
1603:17,18,19,20,21,24
1604:1,3,5,6,9,10,12,12
1604:19 1614:18 1658:8
Waterfall 1491:16
1495:6
Watershed 1494:2
waterways 1494:20
1499:20
water's 1590:19
way 1396:16 1418:5
1429:11 1430:6,13
1432:10,10 1437:11
1441:17 1449:10 1452:4
1453:1,2 1455:14
1457:23 1460:10
1463:17,21 1473:7
1478:14 1480:7,7
1493:7 1511:16 1545:18
1553:19 1561:24
1566:20 1567:16,21,23
1569:5,17 1586:20
1588:18 1593:15
1595:12 1606:22
1619:16 1632:15 1645:2
1645:25 1646:18
1655:18 1656:18
ways 1537:14 1589:15
1602:14 1613:5 1658:12
wear 1544:16
weather 1456:23,25
1457:2,5,13 1459:19
1498:18
Web 1420:5 1426:3
1454:22 1456:18 1485:1
1499:5 1557:21,24
Wednesday 1487:8
week 1415:8 1478:18
1514:23 1585:14 1599:6
1617:15 1650:14
weekend 1408:14
weeks 1408:24 1420:3
1429:8 1478:19 1568:13
weight 1401:19
weighting 1642:18,20
Welcome 1512:11
wellbore 1601:24 1602:3
wells 1444:7 1533:9,14
1537:8 1552:2 1585:23

1585:23,23,24 1586:25
1587:1,18,20,22,25
1588:8 1589:8,16
1591:9,23 1595:6,9
1596:3,4,5 1600:19
1601:8,14,25 1602:2,4,5
1602:7,10,13,13,15,17
1602:19 1604:20
well-thought-out
1649:19
went 1408:12 1432:21
1433:17 1446:16 1455:8
1485:1 1512:23 1524:24
1542:12 1553:19
1554:22 1608:20 1639:9
1643:9 1644:21,22,23
1645:9,23 1658:16
weren't 1431:21 1456:24
1493:18 1577:7 1600:19
1601:2 1607:24 1640:10
1661:5
west 1416:17 1433:5
1435:15 1440:19 1491:7
1491:17 1492:7 1620:23
1621:3 1631:6
western 1390:12 1457:5
1489:15 1492:11,14,21
1498:4 1513:11 1581:23
west-to-east 1498:2,24
we'll 1399:2 1401:16
1435:10 1447:21
1462:21 1464:20 1529:8
1579:24 1652:1 1656:20
we're 1396:24 1397:17,18
1398:9,25 1407:3,4
1422:24 1454:16
1468:15 1469:2 1487:13
1504:13 1507:5,9,11,12
1507:15,17,21 1510:13
1511:20 1512:2,11
1518:8,9 1528:13
1551:21 1559:16 1565:5
1569:5 1579:7 1595:13
1607:5,6 1609:5,9
1610:8 1646:19 1648:5
1648:11 1657:11 1661:8
we've 1409:9 1415:11,13
1464:15,16 1466:1
1468:16 1472:2 1478:4
1481:4 1502:16,19
1503:4 1509:25 1524:22

1530:6 1537:9 1539:23
1539:24 1541:2 1542:21
1553:22 1653:13 1655:4
1655:5,10,17 1656:3
whatsoever 1518:24
1520:24
whereof 1662:16
wherewithal 1480:23
whichever 1600:23
whirling 1583:13
Whirlwind 1394:22
1395:6
white 1524:6,9,13 1539:8
1539:10,16 1540:2,3
1541:20,22 1542:3,5,6
1542:16,21,24 1543:5,6
1543:14,18 1544:4
1560:6 1568:19,19
1569:3,5,12,14 1629:5
wide 1473:4 1546:1
widely 1643:4,6
wife 1488:25
wiggle 1553:17
Wild 1390:16,18
wildcat 1610:14
wildlife 1437:19 1445:2
1448:6 1500:3 1583:9
1583:11 1659:16,18
1660:18
Williams 1492:18 1494:6
1494:13 1504:4
wind 1417:3 1418:19
1419:7,22 1421:2
1422:7 1423:5 1424:23
1425:4,14,16,18
1426:16,17,18,19,20
1427:2,16 1428:9,10
1429:4,5,9,20 1431:5,9
1431:19 1432:13,18,25
1433:1,15,19,25
1434:16,25 1435:7
1436:9,10,11 1437:22
1438:4 1439:18 1442:13
1442:21,23 1443:3,6
1457:17,22,23 1458:15
1459:15 1460:9 1470:24
1473:4 1477:12 1483:14
1483:15,19 1484:9,10
1485:12,23 1486:1,4,7
1490:13 1498:8,22
1534:24 1576:14
winds 1417:7 1421:6,7,8
1421:15 1424:19
1426:25,25 1428:5,20
1429:1 1430:19,24
1432:16,23 1433:4,4,7
1433:14 1435:13 1437:6
1439:18,19 1443:1,4
1492:7 1494:7,11
1498:2,15,24 1576:6
windstorm 1425:4,16,16
1443:2 1576:5,8
windstorms 1425:2
1426:5 1431:20 1442:16
1443:7 1483:9 1492:8
windward 1494:11,15
windy 1482:16,20
1483:12 1484:1
winter 1433:3 1445:12
1660:24
wintered 1660:23
wintertime 1643:25
1644:12
wish 1445:3 1561:6
withdraw 1467:13
1608:2
withdrawn 1405:13
withdrew 1405:22
1406:2
witness 1394:3 1416:9
1452:7,11 1462:5,13
1468:19 1476:3 1486:22
1487:1,6 1503:2
1504:15 1506:20,24
1510:10 1511:21 1512:8
1522:3,5 1528:19
1529:3,7 1535:7 1566:4
1575:20,24 1577:3,18
1578:6,8,9,24 1579:24
1584:18,23 1605:23
1606:9,11 1607:1,25
1608:2 1609:11,17,21
1609:23 1610:3 1611:16
1618:7 1619:24 1624:5
1624:11,21,23 1646:15
1646:22 1647:4,7,9
1662:16
witnesses 1392:2
1447:22 1496:19 1497:2
1508:6,14,20,22
1509:18 1510:11,14,15

1608:23 1609:22,24
1610:4 1647:11 1658:10
wonder 1441:4
wonderful 1445:3
wondering 1502:12
1526:9
Woodward 1513:6,6
word 1465:22 1466:1
1478:25 1583:3
words 1406:12 1430:13
1467:14 1587:9 1601:16
1642:3 1643:13
work 1400:7 1407:12
1410:23 1434:12
1435:18 1438:18
1472:16 1492:4 1503:20
1510:12 1513:2 1527:25
1552:15,18 1557:12
1563:17 1565:10
1581:22 1582:9 1583:15
1583:19,22,25 1612:14
1612:18,21 1613:8,13
1613:14 1614:5 1615:16
1620:13 1638:6 1642:15
1653:17 1657:1 1659:23
worked 1446:19 1490:17
1491:20,22 1563:9
1582:2 1613:20 1614:9
1614:10 1616:18
1622:14 1655:5 1659:18
working 1409:10
1445:22 1489:5,11
1505:20 1527:24 1557:7
1562:6,9 1581:24
1582:5,15,18 1615:22
1655:21
works 1597:19
world 1408:21 1417:12
1424:1 1428:11,24
1492:22 1537:3 1642:23
worldwide 1513:24
worry 1557:2,3
worse 1460:20 1543:2,5
worst 1438:1 1607:6
worth 1538:21,22
wouldn't 1397:9 1462:17
1466:11 1547:22 1557:1
1557:1,2 1574:11
1605:5 1615:7 1654:6
Wrights 1423:19 1481:11
1481:15
written 1414:18,21
1467:18 1487:5 1493:9
1493:10,17 1616:20
1625:7 1632:1 1633:4
1656:11 1660:4
wrong 1481:3 1567:8
1568:9 1643:1 1660:6
1660:20
wrote 1493:24 1541:19
Wynkoop 1390:17
Wyoming 1440:17
1613:17
X
X 1392:1 1393:1
XL 1428:3
XY 1597:6
Y
yard 1416:19 1437:15
1576:9
yeah 1403:15 1410:5
1427:20 1474:17
1477:23 1481:1,4,17
1482:8 1503:3 1567:9
1638:22
year 1399:15 1416:25
1418:23 1419:1 1424:24
1427:16 1428:24 1429:7
1432:22 1434:20
1441:15 1443:1 1455:20
1490:4,25 1492:10,12
1496:7 1501:11 1513:16
1516:22 1530:20
1582:19 1645:21
1660:20
years 1418:13 1419:19
1441:22 1442:8 1446:21
1446:22 1448:2 1488:19
1488:23,24 1493:25
1513:22 1526:4,8,9
1527:17 1532:8 1543:13
1543:16 1544:9,10,14
1545:4,12,14 1553:9
1558:11,22 1559:8,18
1560:1 1567:4 1573:6
1573:10,11,16,24
1574:3 1575:6,8,10
1581:22 1582:3 1586:17
1586:17 1592:8,17
1593:5,5 1604:24
1634:22
yellowcake 1401:11
1404:24 1406:14,21
1463:2,15
yesterday 1394:6,9,14
1397:20 1438:8 1469:9
1487:9 1640:13 1648:7
York 1481:5
you-all 1409:25 1416:21
1431:15 1434:24 1659:5
Z
zero 1434:4,14
zone 1524:18 1533:2,5,9
1533:20 1537:9 1552:4
1579:9 1585:15,19
1586:4,5,8,13 1588:4
1592:6,13,18 1593:13
1593:14 1594:9,12,15
1596:25 1597:22,22,24
1602:23 1603:2,5,7,20
1603:22 1604:8
$
$11 1398:4
$112,000 1490:3
$15 1399:10
$237,000 1634:14
$250 1440:14
$75,000 1491:1
$800,000 1491:19
1
1 1393:11 1401:3 1402:19
1403:7 1414:17 1415:21
1419:7 1424:22 1426:9
1426:20 1428:12
1434:23 1435:6 1463:1
1492:19 1553:5 1589:5
1589:6
1st 1649:13
1,000-ton-per-day
1400:14
1,394 1392:3
1,405 1392:4
1,408 1392:4
1,411 1392:5
1,412 1392:5
1,414 1393:11
1,416 1392:7
1,427 1393:12
1,450 1392:7
1,469 1392:8
1,482 1392:8
1,487 1392:10
1,501 1392:10
1,503 1392:11
1,512 1392:12
1,514 1392:13
1,515 1392:13
1,516 1393:8
1,536 1392:14
1,564 1392:14
1,571 1392:15
1,576 1392:15
1,577 1392:16
1,578 1392:17
1,580 1393:3,4,5
1,595 1392:18
1,599 1392:18
1,612 1392:20
1,614 1392:20
1,616 1392:21
1,627 1392:21 1628:2
1,640 1392:22
1,652 1392:24
1,654 1392:24
1,659 1392:25
1.5 1547:4,13
10 1395:22 1427:22
1430:14 1431:5 1433:20
1441:14 1469:2 1519:7
1566:8 1576:6 1577:21
1592:10,23 1593:1,2
10,000 1432:9 1489:14
10-hour 1444:19
10-meter 1419:14
1424:21 1425:21 1459:6
10-minute 1647:21
1648:12
10:49 1469:4
100 1496:5 1520:10
1533:25 1536:1,12,16
1555:2 1626:7
1045 1389:21
11:03 1469:4
116 1631:3,6
1193 1476:2
12 1389:2 1402:18,20
1403:1 1521:13
12,000 1432:9
12-month 1484:15
12:00 1503:17

12:02 1507:3
12:20 1507:3
1224 1476:2
13 1389:4,19 1398:7
1402:19 1403:8 1661:11
1318 1389:2
14 1400:11 1401:2,5
1433:20,21 1454:20
1456:12 1488:23 1499:4
14.7 1589:3
1400 1429:6,6
141 1441:4,7
15 1401:6 1428:25 1429:8
1429:13 1433:22
1513:22 1514:2 1526:9
15-minute 1425:5
1428:10 1429:6,11
1430:24 1433:15,17,19
1439:17 1507:2,10
1500 1481:11
1500-tons-per-day
1641:1,6
1525 1390:22
153 1647:17
1536 1390:17
16 1429:12
16th 1662:21
160 1489:12
170 1433:2
1700 1390:3
18.4.1 1656:10
184 1453:14
1881 1489:4
19 1497:22 1580:13
1628:2
19th 1608:13
1911 1390:10
1964 1581:11
1971 1582:2
1978 1582:4
1979 1582:20
1983 1582:20
1996 1512:22
1997 1613:13
1998 1512:25 1513:4,20
2
2 1393:12 1403:7 1411:9
1419:7 1426:18 1427:8
1427:9 1428:2,19,23
1431:2 1434:23 1435:6
1435:6 1464:25 1465:2

1508:12,13 1517:16
1530:6 1534:9,22
1587:9 1629:12
2nd 1476:2 1509:2
1515:25 1516:10
1523:13 1531:19 1537:6
1550:9 1606:20 1607:10
1608:1 1616:15
2,000 1423:20
2:00 1487:9 1577:22
2:14 1577:22
20 1429:4 1430:14
1432:18 1443:4 1444:18
1460:2 1509:20 1514:1
1514:7 1526:8 1603:2,7
1603:23 1609:1 1622:2
1651:16
20th 1508:10 1509:12
1510:9 1578:24 1606:16
1607:9 1608:8,14,22
1611:8
20,000 1575:10
20-second 1429:19,21,21
1431:1
20-year 1490:9
20.3 1425:7 1438:5
200 1441:13 1494:8
2000 1513:7,10
2000s 1539:17,17
2001 1492:22
2005 1526:20 1544:11
2007 1516:22 1527:20
1553:4,5 1585:6
2008 1418:23 1424:24
1492:16 1513:11
2009 1418:23 1424:24
1479:24 1491:2 1493:9
1604:24 1605:4
2010 1493:24 1497:15,22
1499:19 1504:1 1605:18
1624:13 1655:19
1656:18
2011 1505:13,15 1513:10
1513:14 1516:23
2012 1389:4,19 1479:16
1479:21 1480:3 1508:1
1580:13 1609:1 1661:11
1662:17
2013 1662:18
21 1436:21 1587:19
1628:2
210 1499:4
216 1662:21
22 1493:24 1497:15
1587:19
220 1444:4
220-a-day 1444:17
23 1587:20
238 1390:10
24 1433:9 1441:14
1488:23
24-hour 1444:20
24/7 1406:17 1410:1
1445:14,25
25 1430:15 1514:7,11
1644:12
26 1431:3 1508:3
27 1587:7 1603:16
270 1433:2,5
29 1433:8,8,23 1436:22
1662:18
3
3 1393:8 1400:1 1402:20
1429:14 1431:2 1453:22
1454:10 1467:17 1468:1
1496:4,6 1516:8,14
1519:7 1520:25 1522:15
1524:17,21 1565:18
1575:22,24 1593:1
3-meter 1419:13
3.8 1498:14
3/4 1531:11
3:02 1605:24
3:15 1605:24
30 1418:13 1432:18
1433:22,24 1434:7
1446:21,22 1448:2
1526:4 1530:19 1651:15
30th 1649:12 1662:17
30-year 1418:13 1419:3
300 1589:6 1592:5
1602:23
300-foot 1604:8
303 1390:17
313 1631:9
32 1393:3 1580:11
1611:14
32-34 1580:24
3200 1390:3
33 1393:4 1580:12
1595:24 1596:1
33-foot 1424:22
34 1393:5 1580:15
349 1390:13
35 1429:13 1434:7,9
1585:23,25 1600:8,14
1602:5
35-mile-an-hour
1433:25
350 1441:15
36 1433:13 1436:14
1443:3
360 1433:5
39-mile-per-hour 1438:3
4
4 1401:7 1428:24 1430:25
1433:6 1575:22,24
1592:10 1593:2
4A 1539:15,18 1540:4
1543:25
4th 1648:20,21 1652:2
4,379 1497:25
4-2008 1443:1
4-2009 1443:2
4.4 1530:8
4.5 1547:4,13
4:04 1637:14
4:13 1637:14
4:49 1661:10
40 1432:19 1434:11
1567:4 1576:7
40-year 1442:18
43 1586:2 1600:9,15
44 1390:6
45-day 1649:6
46 1532:21
48 1530:16
48-hour 1530:12
49 1430:2
5
5 1499:19 1508:1 1617:2
1617:3,7 1631:25
5th 1509:13 1606:17
1648:18
5,000 1583:23
5-minute 1648:12
50 1409:21 1420:25
1421:16
50s 1441:22

50-foot-deep 1445:24
50-mile 1498:14
50-mile-an-hour
1434:11 1443:3
500 1396:5,25 1397:17
1481:7 1530:10
500,000 1573:11,16,24
1640:25 1641:5
500-ton-per-day 1397:4
1444:4
51 1476:1
512 1481:8
6
6 1433:6 1480:3 1521:12
6:11 1609:2
60 1431:4 1434:10
1489:12 1491:7 1498:1
60s 1442:11
60-mile-an-hour 1576:6
600 1390:6 1527:17
1544:9,10,14 1545:14
1662:21
61 1423:14
6215 1391:2
65 1621:24
85 1621:21,23,25
9
9 1425:6,17 1429:25
1430:3,9 1431:2 1434:3
1434:4 1513:11
9-meter-per-second
1430:11
9-19-12 1393:4
9-20-12 1393:3
9-20-2012 1580:11
9:24 1427:24
9:35 1427:24
90 1441:3
94 1481:10
7
7 1519:8 1566:8
7th 1390:22 1509:4,5
7,000 1522:21 1523:2
7:00 1487:10
700 1481:8
700,000 1522:23
73 1489:11 1491:23
78 1600:19 1601:8 1602:2
1602:4
8
8:37 1389:19
80 1532:23 1567:17
1602:2 1621:25
80s 1441:22
80-kilometer 1498:6,10
1498:16
80202 1390:17 1662:21
80203 1390:4,23
80228 1390:7
80303 1391:3
80540 1390:13
81301 1390:11
819 1476:1

Pinon Ridge Hearing Transcripts Part 6

Загружено:

Сведения о документе

Авторское право

Доступные форматы

Поделиться этим документом

Поделиться или встроить документ

Параметры публикации

Этот документ был вам полезен?

Это неприемлемый материал?

Авторское право:

Доступные форматы

Pinon Ridge Hearing Transcripts Part 6

Загружено:

Авторское право:

Доступные форматы

AGREN BLANDO COURT REPORTING & VIDEO INC

PURSUANT TO NOTICE to all parties in

1045 Main Street, Nucla, Colorado, before Janet Lee

Priestley, Registered Professional Reporter and

Notary Public within and for the State of Colorado.

Court Reporting Videography Digital Reporting Transcription Scanning Copying

AGREN BLANDO COURT REPORTING & VIDEO INC

AGREN BLANDO COURT REPORTING & VIDEO INC

ROBERT LOUIS GROSSMAN, PhD

Court Reporting Videography Digital Reporting Transcription Scanning Copying

AGREN BLANDO COURT REPORTING & VIDEO INC

Court Reporting Videography Digital Reporting Transcription Scanning Copying

AGREN BLANDO COURT REPORTING & VIDEO INC

Exhibit 32 9-20-12 Caroline Lee E-mail

Exhibit 33 9-19-12 Golder Associates report

Exhibit 34 One-page summary of sections of

Dr. Grossman's opening statement

Document prepared by Dr. Grossman

Court Reporting Videography Digital Reporting Transcription Scanning Copying

AGREN BLANDO COURT REPORTING & VIDEO INC

Ms. Lucas, it's your

Good morning, Mr. Filas.

heard a lot of questions of you, and so this morning

I'm just going to do some redirect on you, sort of

touch on some points that were raised yesterday.

I can hardly hear.

I'll wait for that to shut

(By Ms. Lucas)

some talk about alternate feed delivered to the mill.

I want to be -- just to clarify, given the current

position of the license application, is Energy Fuels

expecting CDPHE to issue a license allowing Energy

Fuels to process alternate feed at the Pinon Ridge

We also heard about the Whirlwind mine and

your involvement there with the water treatment

Mr. Stills showed some documents on the

What were those?

Court Reporting Videography Digital Reporting Transcription Scanning Copying

AGREN BLANDO COURT REPORTING & VIDEO INC

Those were monthly discharge reports to

CDPHE's Water Pollution Control Division in which we

relayed the monitoring results from the water

And Energy Fuels wasn't cited for any

violation of its discharge permit at the Whirlwind

mine, was it?

We heard some talk about different types

of tailings; paste tailing, which are also referred

to as dry stock tailings, and we heard that the

environmental report did not analyze these paste

tailings and that they also were not included in your

Probably two reasons, more than anything

very thick so they're a very -- they're a maintenance

headache, trying to pump these type of materials.

The other probably more compelling reason was that we

felt strongly conventional tailings with a water

cover was better at reducing radon emissions than

having up to 10 acres of dry tailings exposed to the

One is paste tailing, as the name implies, are

You've also testified that Energy Fuels is

seeking an air permit from the Air Pollution Control

Court Reporting Videography Digital Reporting Transcription Scanning Copying

AGREN BLANDO COURT REPORTING & VIDEO INC

Division in a separate process.

for a mill for a thousand tons per day.