Pinon Ridge Hearing Transcripts Part 1

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JUDICIAL ARBITER GROUP

JAG NO. 12 A 1318___________________________________________________

REPORTER'S TRANSCRIPT OF HEARING, VOLUME II November 7, 2012___________________________________________________

IN RE: THE APPLICATION OF ENERGY FUELS RESOURCES,INC. FOR A RADIOACTIVE MATERIALS LICENSE FOR THEPINON RIDGE URANIUM MILL___________________________________________________

PURSUANT TO NOTICE to all parties in

interest, the above-entitled matter resumed for

hearing before THE HONORABLE RICHARD DANA on

Wednesday, November 7, 2012, commencing at 8:46

a.m., at 1045 Main Street, Nucla, Colorado, before

Candice F. Flowers, Certified Shorthand Reporter

and Notary Public within and for the State of

Colorado.



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1 APPEARANCES:2 ENERGY & CONSERVATION LAW

By Travis Stills, Esq.3 1911 Main Avenue

Suite 2384 Durango, Colorado 81301

and5 JEFFREY C. PARSONS, ESQ.

Western Mining Action Project6 P.O. Box 349

Lyons, Colorado 805407 Appearing on behalf of Sheep

Mountain Alliance8

FAEGRE BAKER DANIELS LLP9 By James R. Spaanstra, Esq.

Olivia D. Lucas, Esq.10 3200 Wells Fargo Center

1700 Lincoln Street11 Denver, Colorado 80203

and12 ENERGY FUELS RESOURCES

By Curtis H. Moore, Esq.13 Director of Communications & Legal

Affairs14 44 Union Boulevard, Suite 600

Lakewood, Colorado 8022815 Appearing on behalf of Energy Fuels

Resources Corporation16

OFFICE OF THE ATTORNEY GENERAL17 By Jerry W. Goad, Esq.

1525 Sherman Street18 7th Floor

Denver, Colorado 8020319 Appearing on behalf of Colorado

Department of Public Health and20 Environment21 MATT SANDLER, ESQ.

Rocky Mountain Wild22 1536 Wynkoop Street

Suite 30323 Denver, Colorado 80202

Appearing on behalf of Rocky24 Mountain Wild, Center for Biological

Diversity, and Colorado25 Environmental Coalition



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1 APPEARANCES (continued)

2 ROBERT LOUIS GROSSMAN, Ph.D. 6215 Baseline Road

3 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



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1 INDEX

2

3 OPENING STATEMENTS PAGE

4 By Ms. Lucas 56

5 By Mr. Stills 68

6 By Mr. Sandler 85

7 By Mr. Grossman 87

8

9 WITNESSES PAGE

10 STEVE TARLTON Voir Dire Examination by Mr. Stills 119

11 FRANK FILAS

12 Direct Examination by Ms. Lucas 131 Direct Examination Cont'd By Ms. Lucas 160

13 Voir Dire Examination by Mr. Stills 176 Direct Examination Cont'd by Ms. Lucas 185

14

15 PUBLIC COMMENTS 260

16

17

18 ENERGY FUELS EXHIBITS ADMITTED

19 Exhibit 2 210

20

21

22

23

24

25



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1 P R O C E E D I N G S

2 - - -

3 THE HEARING OFFICER: For the

4 record, it's 8:46 in the morning on the 7th of

5 November. The hearing in the Pinon Ridge Uranium

6 Mill application, which is my shorthand for the

7 caption you have been giving me, is now resumed.

8 We had a brief conversation before the

9 hearing about a number of things and I will try to

10 explain the results of that conversation and

11 further go through some mechanical issues I have

12 listed.

13 First, we had a conversation about what

14 we would do with in-camera discussions. So the

15 audience will understand, in-camera discussions are

16 those conversations as you've seen depicted in the

17 public television media where we have to go have a

18 conversation with the lawyers without the witnesses

19 or the audience in the room.

20 We don't have a chambers in this

21 facility, so we are going to have odd lunch hours

22 or odd break times where I may feel compelled to

23 run everybody in the audience outside, and you can

24 go walk around the building or talk to the cattle

25 in the field next door or whatever you choose to do



50

1 and we will accomplish those conversations. We

2 can't physically move because the record won't go

3 with us. We don't have any way to go out in the

4 hall and do that. So bear with us, as we will make

5 that up as we go along.

6 The witnesses. Counsel have agreed to

7 consult and try to keep moving times and schedules

8 for witnesses to testify to make it most convenient

9 for the witnesses. And the lay parties that are

10 here -- specifically Dr. Grossman and the Town of

11 Ophir -- are working into that process about when

12 and where. And I will invite you guys to sort that

13 out and make it work for everybody.

14 I have some issues that were raised in

15 e-mails from Dr. Grossman about his qualifications

16 as an expert.

17 And let me ask now if anybody has an

18 objection.

19 MR. SPAANSTRA: We have none, Energy

20 Fuels.

21 THE HEARING OFFICER: Hearing none,

22 your request to be designated as an expert, Dr.

23 Grossman, is granted. And your discovery is

24 resolved, as I understand the e-mails I received.

25 The material you requested, you got.



51

1 DR. GROSSMAN: Yes. And I should go

2 on the record and thank Energy Fuels and their

3 representatives for getting me that data. It was

4 in a proper format, and I appreciate it very much.

5 THE HEARING OFFICER: Mr. Barnes,

6 the other people from the Town of Ophir will fill

7 in for you, as I understand it, at different times.

8 Nobody had objection to that. We're going to go

9 down that road and deal with it as we deal with it.

10 MR. BARNES: Excellent.

11 MR. SPAANSTRA: Your Honor.

12 THE HEARING OFFICER: Yes.

13 MR. SPAANSTRA: For the record,

14 could Randy repeat who those people are going to be

15 just so we know?

16 MR. BARNES: I'm sorry. I didn't

17 hear that.

18 THE HEARING OFFICER: The name of

19 the mayor and folks that are going to be --

20 MR. BARNES: Oh, there is Todd

21 Rutledge. He is our mayor. And then the other one

22 is going to be Elizabeth Covington, and she is a

23 general assembly member. She is also an attorney.

24 She helped get this process started for us. I

25 believe Elizabeth is going to be attending Thursday



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1 and Todd will be attending on Friday.

2 MR. SPAANSTRA: And for the record,

3 that was Randy Barnes, the town manager.

4 MR. BARNES: Correct.

5 THE HEARING OFFICER: Okay. And as

6 you can see from the cameras in the front of the

7 room, I received a phone call asking if this

8 process could be filmed. I heard no objection.

9 Other hearings in this dispute have been filmed.

10 It is fine with me. Nobody objected.

11 Presumptively, it's fine with you. Be my guest.

12 The last thing I want to raise is: Those

13 of you in the room who want to make oral comments

14 in this hearing, we set aside the time of 4:00 each

15 day to receive oral comments from members of the

16 public, not people called as witnesses.

17 I have put some sign-up sheets in the

18 back of the room, and there is space for six people

19 to sign up on each sign-up sheet, simply so I can

20 keep a record of who you are, so please print so I

21 can read it. I would like your name, I would like

22 to know who you are affiliated with, if you are

23 affiliated with anybody, you're a member of a labor

24 organization, member of Sheep Mountain Alliance,

25 employee of Energy Fuels. I would kind of like to



53

1 know that, because I think that may be relevant to

2 how I consider your testimony -- or your comments.

3 And lastly, I would like to know what community you

4 reside in, by way of city and state or town and

5 state or reside close to. If you're right down

6 from the mill site, I would like to know that, I

7 mean, that kind of thing.

8 It's a very abbreviated form. It's three

9 lines. And I will just pick those up at different

10 times during the day and use that to call on you to

11 make the public comments at the end of the

12 exercise -- or at the end of the day.

13 Finally, I would comment the last time we

14 were here on the 15th of October, I inquired about

15 the location of the proposed mill site, and

16 Mr. Spaanstra and Mr. Stills and Mr. Tarlton gave

17 me some directions about how to get there. And I

18 got there. Found it. Had an interesting drive on

19 Y11 back along the river to get back to the

20 highway, but -- so I have taken a view of the site.

21 I have not walked it. I just drove by it on the

22 highway and stopped two or three times. And

23 looking at the map I had, it's this long slope

24 uphill from the highway, and that's about as

25 thorough a look as I got.



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1 If you need me to get a more thorough

2 look, let me know, but I didn't try to do that.

3 And I want to know who is going to buy the general

4 store in Bedrock if this application is successful.

5 Presumably, one of you will have a new occupation.

6 So with that statement, I think that's

7 all I have to put on the record. And those of you

8 on the phone, I'm not going to ask for who's here.

9 This is a public exercise and you are all -- all

10 the counsel and parties are in the room, so I'm not

11 going to take roll about who might be on the

12 telephone. Just listen in as you will, drop off,

13 join in, whatever.

14 Some of the witnesses we hear from may be

15 on the phone as we go along, as I understand it.

16 We will deal with that when we have it.

17 Now, we have opening statements as the

18 next order of business, I think. And then you

19 wanted to have a brief exam of Mr. Tarlton about

20 certain documents.

21 MR. STILLS: Correct.

22 THE HEARING OFFICER: Witnesses will

23 sit at this table in the front. I am informed we

24 do not need to rearrange the room in the evening,

25 although I wouldn't suggest you leave your



55

1 computers here. I keep getting -- and the last

2 thing is, I sent everybody 11 new comments last

3 night. Dr. Grossman said he didn't get them, but

4 presumably all of you -- you're having so much

5 trouble with the link I had set up, that I just

6 sent them out as an e-mail.

7 MR. STILLS: May I make an

8 observation?

9 THE HEARING OFFICER: Uh-huh.

10 MR. STILLS: It's IT, Internet

11 technology. I think my inability to open them -- I

12 get a character string -- comes from the fact that

13 they were sent in formats that aren't universal.

14 But if you were to print them to a PDF copy, I

15 don't know if that's above and beyond --

16 THE HEARING OFFICER: That's beyond

17 my IT capability, but we may have some people in

18 this room that can help me to sort that out.

19 MR. STILLS: Okay. Because that is

20 our common practice. You print things to PDF and

21 then that's almost universal.

22 THE HEARING OFFICER: If it doesn't

23 offend anybody, I'll call on Mr. Egidi to sort me

24 out from an IT standpoint somewhere during a break

25 here, and we'll see if I can't get all of you



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1 documents that you can read and use.

2 So with that premise, you're going to

3 make the first opening statement? Do you want to

4 do it -- you can do it from your seat as far as I'm

5 concerned.

6 MS. LUCAS: I'll stand.

7 THE HEARING OFFICER: And I notice

8 that only Mr. Parsons took his jacket off when I

9 said I wasn't going to put mine on, so if anyone

10 else wants to join us...

11 MR. SPAANSTRA: If Mr. Parsons

12 did...

13 MS. LUCAS: Good morning, Your

14 Honor. I'm Olivia Lucas from the law firm of

15 Faegre Baker Daniels, here on behalf of Energy

16 Fuels. I have with me -- I'd like to introduce you

17 to Frank Filas, who is the director of

18 environmental permitting and compliance for Energy

19 Fuels; Curtis Moore, who is the director of

20 communications and legal affairs; and also with me,

21 Jim Spaanstra of Faegre Baker Daniels.

22 Before I start talking about what this

23 hearing is about, I wanted to let you know what

24 it's not about. This is not an administrative

25 hearing where the agency, here the Colorado



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1 Department of Public Health and Environment, has

2 made a licensing decision and that license is being

3 challenged.

4 At this point, there is no licensing

5 document. We have only the application of Energy

6 Fuels Resources for a radioactive materials license

7 for its Pinon Ridge Uranium Mill. The purpose of

8 this hearing is to supplement the existing

9 administrative record for this license. It's to

10 provide interested parties an opportunity to

11 cross-examine Energy Fuels and personnel who helped

12 work on Energy Fuels' application, and it's to

13 allow Energy Fuels and CDPHE to answer questions

14 about the license application and CDPHE's

15 environmental assessment -- environmental impact

16 assessment document.

17 To fulfill Energy Fuels' role, Mr. Filas

18 will present an overview of the Pinon Ridge Mill

19 project and then discuss the contents of the

20 application documents in a fair amount of detail

21 today. Then opponents of the project who have

22 sought party status will have the opportunity to

23 ask questions of Mr. Filas and other people who

24 helped Energy Fuels with the application.

25 CDPHE will then consider the transcript



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1 of this hearing, as well as the rest of the

2 administrative record, in making its ultimate

3 decision whether to grant the license. Of course,

4 the public will have an opportunity to make

5 comments at the end of every day, as Judge Dana

6 explained just a minute ago.

7 So I mentioned that this was somewhat of

8 an unusual situation. The question: Is how did we

9 get here?

10 Well, in about 2007, Energy Fuels applied

11 for a license for a uranium and vanadium processing

12 mill. It's been 30 years since the last of those

13 has been permitted in the United States. So Energy

14 Fuels approached CDPHE well before Energy Fuels

15 filed the license application documents to discuss

16 the application with CDPHE.

17 Many on the CDPHE team that helped guide

18 Energy Fuels' application, some of who are in the

19 room today, had spent their careers regulating

20 uranium mills and remediating past mistakes at

21 those mills. Not only did they have expertise in

22 the area, but they also, like Energy Fuels, were

23 invested in avoiding those mistakes of the past.

24 The application Energy Fuels ultimately

25 submitted was 15 volumes of documents. They



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1 submitted those initial application documents in

2 November of 2009. Once the application was

3 submitted, this started the clock in terms of

4 process required by the State Radiation Control

5 Act. CDPHE reviewed the initial documents to see

6 if they were substantially complete; that is, did

7 they contain the application components required by

8 statute and regulations.

9 So after their initial finding that the

10 application was substantially complete, CDPHE then

11 began digging into the substance of the

12 application. Of course, Energy Fuels did not

13 simply drop a 15-volume application in CDPHE's lap

14 and walk away. As is normal in practice in

15 permitting, and particularly in permitting a

16 complex and unusual project such as this one, CDPHE

17 remained in communication with Energy Fuels after

18 the application was filed.

19 CDPHE issued four formal requests for

20 information to Energy Fuels and then also

21 communicated with Energy Fuels less formally to ask

22 technical questions as the application developed.

23 The answers to the formal requests for information

24 comprised another approximately four volumes of

25 information. The contents of these requests for



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1 information were based on both CDPHE's technical

2 comments and input from the public as presented at

3 various public meetings that had been held.

4 So let's talk about public involvement in

5 the process. Public involvement in the licensing

6 process is required by statute and regulation. The

7 Radiation Control Act requires two formal public

8 hearings on a license application, and these are

9 required to begin within 45 days of the

10 determination that the application is substantially

11 complete. That's pretty fast turnaround.

12 Those two public meetings were held back

13 in 2010, early 2010. But CDPHE also understood the

14 public was interested in this project and,

15 therefore, there were an additional six public

16 meetings, input sessions, around this that were

17 held all in this geographic area in order to get

18 public comment. And this public comment was what

19 was passed along to Energy Fuels via the RFIs,

20 requests for information.

21 So based on all of this technical and

22 public input, CDPHE issued a license for the Pinon

23 Ridge Mill, the first new uranium mill licensed in

24 the U.S. in 30 years, in 2011. This was

25 immediately challenged in Denver District Court by



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1 Sheep Mountain Alliance and the Towns of Telluride

2 and Ophir, and San Miguel County joined the suit a

3 few months later.

4 The plaintiff raised substantive issues

5 primarily concerning air and water quality issues,

6 and they also had concerns about financial

7 warranties related to the license. And, finally,

8 they claimed that the license could not stand

9 because there was not an opportunity for the public

10 to cross-examine Energy Fuels. Those eight public

11 meetings, they claim, did not incorporate an

12 opportunity for the public to ask questions and

13 have their questions answered.

14 The district court upheld the license on

15 all of the substantive fronts. However, the Court

16 agreed there was not an opportunity in the public

17 comment process for discovery or cross-examination

18 of Energy Fuels. On that basis, the Court set

19 aside the license and ordered a hearing to allow

20 interested members of the public to become parties

21 in order to conduct discovery and cross-examine

22 Energy Fuels on its license application.

23 So that's where we are now. This is that

24 hearing. The Court's order stated that this

25 hearing should act as a substitute for the second



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1 statutorily required public hearing that was held

2 in 2010, the one that was supposed to be held

3 within a certain time frame after substantial

4 completeness.

5 The Court ordered that this hearing

6 provide due process, according to the State

7 Administrative Procedure Act, Section 105, and that

8 CDPHE must consider the transcript of this hearing

9 as well as the administrative record as it stood at

10 the time of the Court's order, which was issued in

11 June of this year, in remaking its licensing

12 decision.

13 So here we are. At this hearing, Energy

14 Fuels will present an overview of its Pinon Ridge

15 Mill project and discuss the contents of the

16 application documents in detail. In addition to

17 having Mr. Filas present, who was the lead

18 permitter for the project, we've also agreed to

19 bring in some experts live to address some

20 additional issues that we understand have been

21 raised by the parties.

22 In order to provide the process ordered

23 by the Court, Mr. Filas and the experts will be

24 available for cross-examination by the entities

25 that have requested party status; that is, Sheep



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1 Mountain Alliance, the Towns of Telluride and

2 Ophir, San Miguel County, Dr. Grossman, and the

3 Wildlife Coalition.

4 Energy Fuels is interested -- it's

5 interested in putting together the best project

6 possible. And, therefore, it remains interested in

7 what the public and parties have to say. Members

8 of the public who have not applied for party

9 status, as I discussed, will have an opportunity to

10 provide further comment.

11 The two parties to this hearing who are

12 new, since the district court opinion, are

13 Dr. Grossman and the Wildlife Coalition. Dr.

14 Grossman raised issues related to air quality

15 aspects of the project. And these are, by and

16 large, to be addressed in a separate permitting

17 process, which is controlled by the Air Pollution

18 Control Division of CDPHE. This is the radioactive

19 materials license. They have also, as you can

20 imagine, other licensing requirements on State and

21 local levels, one of which is an air quality

22 permit, which is in process.

23 We think that the -- it's true that the

24 air quality permitting process is not at issue

25 here, but we are happy to hear what Dr. Grossman



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1 has to say about air quality issues. Dr. Grossman

2 also raises transportation concerns regarding this

3 project, which Energy Fuels will address.

4 The Wildlife Coalition raises concerns

5 with a variety of federally threatened or

6 endangered species and environmental review

7 processes which concern primarily actions on

8 federal land, not actions on private land. The

9 Pinon Ridge Mill site is on private land, and,

10 therefore, many of these federally required reviews

11 aren't applicable here. Nevertheless, we will

12 endeavor to address the issues raised.

13 This hearing process has also afforded

14 another important aspect of the process required by

15 the district court, and that is discovery. Parties

16 have had the opportunity to request responses to

17 interrogatories, requests for admission, and to

18 request document production.

19 Energy Fuels has been as responsive as

20 possible to the various discovery requests,

21 primarily propounded by Sheep Mountain Alliance,

22 and we have produced hundreds of documents in

23 response to Sheep Mountain's request for documents

24 prepared in relation to this matter.

25 Sheep Mountain requested documents



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1 prepared in relation to the license but not

2 submitted to CDPHE. We have questioned the

3 relevance of those documents, since CDPHE will make

4 a decision based on the documents before it. It

5 seems to us that SMA, Sheep Mountain Alliance, is

6 probably looking for some kind of smoking gun in

7 documents that Energy Fuels made and did not

8 provide to CDPHE. And we are here to tell you that

9 there is not one. The documents consist primarily

10 of drafts of the multitude of reports that were

11 entered with the application documents, as well as

12 internal e-mails.

13 Substantively, we have yet to see any new

14 issues from Sheep Mountain Alliance. They raised

15 over 90 issues in their statement of issues,

16 questioning the adequacy of varying aspects of the

17 application. But these were all previously raised

18 during the licensing process back in 2009 and 2010,

19 and they were considered by CDPHE when it made its

20 initial licensing decision.

21 However, the purpose of this hearing is

22 to allow Sheep Mountain Alliance the opportunity to

23 raise issues, ask Energy Fuels questions directly

24 about them. In his presentation, Mr. Filas will

25 attempt to respond to Sheep Mountain's issues by



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1 demonstrating where the questions about adequacy of

2 the application are addressed in the application

3 materials. We also expect that Sheep Mountain

4 Alliance will ask questions on cross-examination

5 about its issues.

6 The other two parties to this hearing are

7 the Town of Telluride and San Miguel County, who I

8 might call together as the Towns, even though the

9 county is obviously the county. We have already

10 addressed the issues that those entities raised via

11 a settlement agreement, which has been entered into

12 the record with the hearing officer previously.

13 To give a summary, Energy Fuels agreed to

14 address the Towns' substantive concerns by -- about

15 water quality and transportation issues by agreeing

16 to monitor those entities' water supply and to

17 identifying Energy Fuels' trucks that travel

18 through those areas.

19 Another issue that was covered by the

20 settlement was the reclamation bond for Energy

21 Fuels' license. Although the bond previously

22 approved by CDPHE was sufficient, Energy Fuels has

23 agreed to increase the bond to $15 million to

24 assuage San Miguel County and Telluride's concerns

25 that there would be insufficient funds to reclaim



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1 the property at the end of the life of the mill.

2 In summary, Energy Fuels' role in this

3 hearing is to address the issues raised by the

4 parties and to answer questions concerning the

5 application documents before CDPHE. This hearing,

6 as ordered by the district court, is about enhanced

7 due process, including robust discovery and

8 cross-examinations on Energy Fuels' application.

9 This is what we are here to provide. Thank you.

10 THE HEARING OFFICER: Mr. Goad.

11 MR. GOAD: Thank you, Your Honor.

12 Good morning. Just briefly, as mentioned, this

13 proceeding is a statutorily provided proceeding.

14 And specifically the purpose of this is to provide

15 an opportunity to give public comment on the

16 application submitted by Energy Fuels. The

17 Department would also like to receive comment on

18 the environmental impact assessment that it

19 prepared. The Department is here to listen and, if

20 necessary, try to clarify things that may come up.

21 The Department will consider all comments that are

22 received in this hearing, and we welcome the

23 opportunity for this hearing. Thank you.

24 THE HEARING OFFICER: Mr. Stills. I

25 don't know how you guys want to divide this up.



68

1 MR. STILLS: I believe I do have

2 myself --

3 THE HEARING OFFICER: You're next.

4 MR. STILLS: Yes, I'm next. Here we

5 go.

6 Well, thank you and good morning. I'm

7 Travis Stills with Energy and Conservation Law.

8 I'm representing Sheep Mountain Alliance, and I

9 have with me Jeff Parsons. He's with the Western

10 Mining Action Project. He's also co-counsel here.

11 And on behalf of Sheep Mountain

12 Alliance's board, membership, many of which live,

13 work, play in and around Paradox Valley, I would

14 like to thank you for making the trip to Nucla.

15 It's important to these organizations that things

16 be heard at the place where they will be affected,

17 amongst the people who will be affected, amongst

18 this gorgeous landscape that will be affected,

19 ensuring that, you know, the public is able to put

20 forward an effective participation, both as parties

21 and nonparties, in this licensing hearing. For us,

22 it's critical to ensure protection of a region that

23 still suffers damage from previous federally

24 sparked uranium booms in this region.

25 By way of background of where we are --



69

1 and we will get into this in greater depth during

2 the hearing -- in 2006, there was a uranium spot

3 price bubble that sparked the new mill proposal and

4 some actions by the Department of Energy to put

5 more federal lands available for uranium mining.

6 The price then was in the $140 to $150 range. Now

7 that bubble has burst. The price of uranium has

8 dropped back down into the $42 range.

9 We are in a situation where state and

10 federal government regulations remain outmoded,

11 outdated. Colorado regulations have not been

12 updated despite deficiencies identified by the

13 Nuclear Regulatory Commission.

14 Permanent injunction was put -- was

15 issued by Federal Judge Martinez that directed the

16 Department of Energy -- along with other agencies

17 with jurisdiction, including the Bureau of Land

18 Management, other federal agencies and state

19 agencies -- to conduct a comprehensive

20 environmental analysis of the past, present, and

21 future impacts of uranium mining and milling in

22 this region.

23 This mill will be examined in the federal

24 process. In fact, it's not a future tense; it's

25 being examined. None of that will be provided for



70

1 us here today. It remains under wraps.

2 What we will show is that Energy Fuels,

3 along with CDPHE, has systematically and

4 aggressively attempted to avoid that kind of

5 scrutiny that is required by federal law, the kind

6 of scrutiny that people making decisions depend

7 upon, the type of scrutiny that the public depends

8 on to be able to weigh in and understand the

9 project. So what we are doing is sort of flying by

10 night, as far as what the impacts are, even though

11 there are standards for that analysis, and an

12 analysis is being done.

13 As I start talking about where we're at

14 in the hearing, I do want to lay out something

15 that's already come up, that's come up in the

16 briefing that's, I think, well known to all of us.

17 But there is a fundamental disagreement over the

18 purpose and the role of the administrative law

19 judge in this proceeding, in this hearing.

20 It's been cast as an opportunity to hear

21 comments. It's been cast as an opportunity to

22 provide a little bit of cross-examination. It's

23 been cast, you know, as a kind of a -- well, it's

24 something we have to do because Judge McMullen said

25 that the previous licensing proceedings did not



71

1 meet the requirements of the Atomic Energy Act, the

2 Colorado Radiation Control Act, and the

3 Administrative Procedure Act. It was too fast, too

4 furious, didn't provide the opportunities. It has

5 put a very serious issue under very serious

6 scrutiny.

7 We have raised numerous issues about our

8 ability to do that through this hearing. I think

9 they are linked to some fundamental flaws with the

10 application and the thousands and thousands of

11 pages that were exchanged between Energy Fuels and

12 the CDPHE, some of which are in the record, some of

13 which are not.

14 The application was filed in 2009 and, as

15 was talked about, with considerable input,

16 guidance, assistance, sign-off, drafting, a lot of

17 different words for it, the CDPHE acting, as will

18 show, as more or less a consultant to Energy Fuels.

19 What we have had up until now -- and

20 hopefully that will change by the robust proceeding

21 that we have requested. Hopefully some of the

22 issues that we have raised on discovery and

23 cross-examination will be resolved in a way that

24 does allow that robust examination.

25 This will be the first time any of that



72

1 has been placed under scrutiny by anyone other than

2 the people who have prepared the application. It

3 will show that this is a joint application. They

4 did work hand in glove, they did work closely.

5 And the reason for these kinds of

6 proceedings, with depth and rigor, is to put those

7 folks forward and make them support what they've

8 done in order to make sure that whatever it is that

9 is being proposed meets the highest standards that

10 were put in from laws meant to avoid the repeat of

11 the last errors.

12 The cumulative knowledge of a lot of

13 years is to be put on the table from the

14 environmental community, from technical people,

15 from people within the sciences to make sure this

16 doesn't happen again, what we have seen scattered

17 all around the landscape here. With the radiation,

18 the radon, the problems, a lot of them are

19 invisible, but they are there, they remain. Some

20 of them you can see on the landscape.

21 But the application was filed in November

22 of 2009, and there is no dispute that there were

23 thousands of pages worth of changes made during

24 2010. We can't really discern how those changes --

25 many of which were done by e-mails, phone calls,



73

1 handshakes, I suppose -- actually played out in the

2 application. It is virtually impossible to tell

3 what it is we are actually looking at. There's so

4 many loose ends.

5 Basically the proposal is not ready for

6 the application stage. The application today, the

7 proposal today, remains a work in progress and a

8 moving target. We think that when we lay this

9 forward and put this question in front of Your

10 Honor on the record, on the documents, on the

11 testimony, what you will come to the conclusion of

12 is that Energy Fuels hasn't met a licensee's

13 burden.

14 But back to the places that we came for

15 before I jump ahead to where we are going. Right

16 now, Montrose County has made land use approvals

17 that's went through litigation. There are still

18 conditions to be fulfilled on that application.

19 And Montrose County has not put any limitations on.

20 They have said that Energy Fuels can run the mill

21 as fast as its 1,500-ton-per-day SAG mill can run.

22 One of the constricting factors of this

23 mill is the SAG mill. We'll be hearing about that.

24 We're still looking at a 1,500-ton-per-day mill,

25 only limited by the maximum amount they can process



74

1 every year, which is 500 tons, approximately, per

2 year. The Air Pollution Control Division is

3 looking at a permit application for

4 1,000-ton-per-day mill. CDPHE's consideration is

5 limited to a 500-ton-per-day mill.

6 Despite the fact that we're required to

7 look at not just the immediate business plans of

8 Energy Fuels, we are required to look at and Energy

9 Fuels is required to prove and CDPHE is required to

10 disclose the long-term impacts of this proposal,

11 not just what Energy Fuels hopes to do while in the

12 first phases, as it finds enough cash to expand.

13 We are going to look at a plan and a

14 design that includes 1,500 tons per day, 1,000 tons

15 per day, and 500 tons per day. But we don't have

16 any examination by -- or disclosure of CDPHE what

17 any of those alternative proposals would entail,

18 despite the requirement to do so. And those are

19 going to be important requirements, to look at

20 those kind of alternatives. How much water do you

21 have? Are you capped at 500 tons per day

22 absolutely because of the water? Do you not even

23 have enough water for that? Do you have running

24 water at all?

25 We'll be taking testimony on whether a



75

1 reliable, deliverable, long-term source of wet

2 water has ever been identified by Energy Fuels, and

3 I think we will find out that the answer is no.

4 Without that water, you can't run a mill here. You

5 can't handle the tailings. You can't deal with it

6 in a way that is required. Energy Fuels'

7 application glosses over that, and CDPHE's

8 environmental impact analysis virtually ignores it.

9 We will be providing testimony that talks about not

10 only why it is important but some of the problems

11 that happen when this kind of a project moves

12 forward the way it did.

13 The issues of cross-examination, again, I

14 want to reinforce those. Energy Fuels, as we'll

15 give you, as the licensed applicant has the burden

16 of proof here. There is no question. We have

17 raised that issue squarely. We have laid out

18 numerous issues that they haven't addressed.

19 Whether or not they step up and try to address

20 those issues, we will see.

21 But we, through the -- "we" meaning Sheep

22 Mountain Alliance or anyone who has asked for party

23 status. Because of the way this hearing is

24 required under the Atomic Energy Act, this isn't

25 just a special Rule 105 hearing under the AEA for



76

1 any old license. This isn't a gravel quarry.

2 Congress has required that these

3 licensing proceedings go forward in a manner that's

4 at least as strong as federal protections,

5 processes, and standards. They have explicitly in

6 the statute required -- this is laid out in our

7 burdens brief. They have required that the

8 application, and the way that it is presented, be

9 presented in a way that offers the ability to

10 conduct cross-examination.

11 Saying that there are some experts to

12 have -- who work for Energy Fuels at $80 an hour

13 but the public can take them in at $200 an hour is

14 not a reasonable presentation of cross-examination.

15 And, in fact, I think there is every reason in the

16 Atomic Energy Act why those people should be

17 produced free of any charge to any of the parties.

18 That is Energy Fuels' burden. That's the cost of

19 doing business when you are going to deal with

20 radiation and uranium.

21 This isn't a gravel quarry. This has big

22 consequences, long-term consequences, permanent

23 consequences. Congress put this special provision

24 on for a reason, to keep the same things from

25 happening again, to keep the same people from



77

1 running the same projects through and having the

2 same outcome, which, in this region, was -- the

3 numbers are around 1 billion in Colorado that's

4 been spent cleaning up the previous set of mines.

5 It's still being spent right down the road. Your

6 Honor has revealed that you have worked on some of

7 those. It's within your knowledge. You know how

8 difficult these are to deal with once they are

9 created.

10 Another area we are going to deal with --

11 and we'll get into the specifics when we get

12 there -- is as Judge Habas in 2008 ruled in the

13 Cotter Corporation, Maywood Waste Processing

14 hearings, even if Energy Fuels were to show that

15 this was a technically sound application, that

16 this met all the standards and all the

17 requirements, even if they were to have met their

18 burden all the way across the board from a

19 technical standpoint, the CDPHE has the discretion

20 and the power, by statute in Colorado -- because of

21 the history, because of what we know about it -- to

22 turn them down flat and say that the social and the

23 economic impacts of this mining boom isn't worth

24 what it would cause to go forward. It's not worth

25 some private profit from a corporation out of



78

1 Canada to disrupt the community and an economy

2 that's putting itself together again.

3 And the place where that needs to be

4 addressed and analyzed and discussed in detail,

5 because it is such an important piece, was in the

6 environmental impact analysis. CDPHE's duty to put

7 that together so that not just they, as is required

8 by the environmental study laws, not just they

9 internally but the public, at the point in time

10 when this hearing is noticed, can have a full and

11 understandable view of what is going on. It can't

12 be backfilled. It can't be done afterwards. It is

13 at the point in time when the notice is issued that

14 the environmental impact analysis must be complete,

15 must be provided, must be there. If that's not

16 been done, we don't even need to get into the

17 technical pieces.

18 The evidence will come in through

19 documents. It will come in through direct, come in

20 through cross-examination. What we will do through

21 that is show that what the CDPHE has produced and

22 what Energy Fuels has produced and what is in front

23 of CDPHE and this hearing officer does not meet the

24 standards necessary to pass muster under federal

25 law or state law. Both apply here. Federal law



79

1 has to be met.

2 Even if it's CDPHE carrying it out, the

3 Atomic Energy Act has very specific language that

4 they shall be at least as -- more stringent than

5 the federal. You can't come into Colorado and get

6 a pass and get a lower standard than the NRC would

7 apply to the same project in New Mexico or in

8 Wyoming, where NRC has direct implementation

9 authority over the Atomic Energy Act.

10 I think that's what we have here.

11 Colorado is being looked at as a low-cost option.

12 We can slide it through there and the jurisdiction

13 there. We can deal with them and we can move it

14 through.

15 As we move through this, we do want you

16 to pay particular attention -- we would like to ask

17 you to respectfully pay particular attention to the

18 environmental impact analysis. If you can't find

19 an answer to a question that's been raised in this

20 hearing, then neither could we at the time the

21 hearing was announced. Neither could the public,

22 neither could any other agency that needs to be

23 informed by this central document that is supposed

24 to aid other agencies with decision-making power to

25 make their decisions on this project.



80

1 As has been mentioned, there's multiple,

2 multiple groups or multiple government

3 organizations who have to give approvals for this.

4 There are storm water permits, there are water

5 discharge permits, there are air permits, there's

6 county permitting. There's -- you know, it's a

7 long list of regulatory requirements that anyone

8 has to go through. But we have an elevated

9 situation here with radiation and uranium that

10 requires a special look. And it's not just our

11 urging; it's required in the statute.

12 We don't have today a current plan

13 either. We have a plan that, as I said, was put

14 together in 2009 and has been changed and changed

15 and changed. And the remedy that we are going to

16 look for in this proceeding is rulings that, one,

17 invalidate the environmental impact analysis and

18 rule that the licensing process, as it exists at

19 the time of the hearing notice, cannot produce a

20 valid license.

21 Energy Fuels can take as much time as it

22 needs to update, change the project, present it to

23 Energy Fuels in a new application with a new

24 process. Right now, we are sort of in a

25 bureaucratic steamroller. Energy Fuels managed to



81

1 get this application deemed complete. And, as was

2 mentioned, this process takes off like a rocket.

3 That is not what the Atomic Energy Act is meant to

4 happen. In fact, Colorado changed its laws for

5 this 270-day, and now 300-day, requirement to

6 ensure that the application comes in ready to go,

7 ready for prime time, ready for the last serious

8 look.

9 There is no crime with having the agency

10 weigh in in an open manner when they keep records

11 and let the public know what they've been doing and

12 be transparent. They can help. They can go back

13 and forth. All of that is perfectly legitimate.

14 That's why and that's how this rocket-docket

15 approach to hearing can go forward in Colorado.

16 It's got to be front-ended. It's got to be there

17 and it's got to be ready to go with just some minor

18 alterations in any issues that might come up to fix

19 it.

20 What we have, instead, is something that

21 was fixed on the fly. The requests for information

22 are clear proof of that. We will offer more proofs

23 of that, that it's a moving target. They haven't

24 met their burden. They haven't put an application

25 in that CDPHE, as much as they'd like to, can



82

1 approve. The environmental impact analysis doesn't

2 provide the public or whomever CDPHE will have.

3 And last, I just want to make three quick

4 points. The first of those is: We have heard in

5 the preliminary briefing and we have seen that

6 Energy Fuels is claiming that this is a

7 state-of-the-art facility, so different than all

8 the others, so special that we can't see any of

9 their design documents, that we can't see any of

10 their engineering reports, because it would be such

11 a business hit, I guess. They haven't actually put

12 forward their reasons for why they're keeping it

13 back.

14 What we really have and what we're really

15 going to see is this mill is kind of a

16 Frankenstein. It's cookie-cuttered from the Cotter

17 Mill. It's stuff brought over from Energy Fuels'

18 White Mesa Mill. They now own the White Mesa Mill.

19 They have a place for their ore. That was the

20 basic premise for this whole thing getting built.

21 So we've got basically a Frankenstein

22 approach taken from old designs with nothing really

23 new and nothing state of the art. And when it

24 comes time to press for that, we are going to have

25 to clear the room and we are going to have to take



83

1 our evidence, according to Energy Fuels' request,

2 in secret.

3 There is nothing secret about their

4 documents. Their engineering report, there's

5 nothing secret about it. Their cost estimates,

6 they have to produce those to their investors in

7 Canada. The investment documents in Canada say

8 this is going to be a 150-million-dollar mill. I

9 can't address what their secret documents may say

10 about that figure.

11 There is nothing that can protect those

12 documents. They should have to produce them in

13 Canada. They will probably be out in their monthly

14 and quarterly reports anyway. We are entitled to

15 not only have that information, but to be able to

16 use it in the proceeding, as is the public.

17 We have been hamstrung from being able to

18 provide our members -- Sheep Mountain Alliance's

19 members access to these documents. We have got a

20 lot of very sharp people, a lot of lay people, a

21 lot of allies in different groups that would be

22 looking at this, except Energy Fuels has put it

23 under lock and key.

24 If the project does go forward, it needs

25 to start from scratch with a transparent process, a



84

1 clean, understandable proposal that's not been

2 amended and changed and this document has changed

3 this that's in the application, and what is -- you

4 can't tell if any page of the application is still

5 good or not. Has it been changed? When has it

6 been changed?

7 And the public and the CDPHE need to be

8 able to examine the entire project, reveal the

9 long-term impacts, reveal the alternate sites that

10 this could go in, reveal the alternate engineering

11 methods that could reduce the impacts all in a way

12 that balances the public interest and a clean,

13 healthful environment with Energy Fuels' desire to

14 get a low-cost project online.

15 However, because this application and the

16 environmental impact analysis that is required to

17 bring it forward into this hearing process are so

18 fundamentally flawed, we should be able to

19 demonstrate that, in fact, Energy Fuels has not met

20 its burden to demonstrate that this licensing

21 process can result in the issuance of a license.

22 And we also address the failure of the

23 environmental impact analysis to meet the

24 regulatory and statutory standards that would allow

25 CDPHE to go forward and issue the license.



85

1 That is going to be the focus of our

2 presentation. We will be bringing experts forward

3 to lay that out, and we look forward to your time

4 and thank you very much.

5 THE HEARING OFFICER: Mr. Sandler.

6 MR. SANDLER: Thank you, Judge.

7 Without the proper environmental analysis and

8 compliance with the law, the construction of this

9 mill is a great risk to our environment. Other

10 uranium mills and mines have led to serious

11 environmental problems, and we don't want to see

12 the same thing happen here.

13 My name is Matt Sandler. I'm here

14 representing Rocky Mountain Wild, Center for

15 Biological Diversity, and the Colorado

16 Environmental Coalition. These are three nonprofit

17 organizations focused on protecting our environment

18 for the species that live there and the population

19 that uses it for recreation, for enjoyment, and for

20 the natural beauty that our state possesses. We

21 asked for party status here because we have great

22 concerns about this project, and our members will

23 be affected if this mill is constructed.

24 Construction of this mill is a great risk

25 because we don't know if it will contaminate and



86

1 deplete our water supply. We don't know if it will

2 contaminate our air quality. We don't know if

3 wildlife species will be inappropriately affected

4 or pushed towards extinction. And without the

5 answers to these questions and others, we can't

6 move forward. These questions must be answered

7 before this application is approved.

8 The environmental review was improperly

9 influenced and narrowly constructed. It did not

10 take a hard look at the effects of this project.

11 We have all seen the biologically rich area we're

12 in right now and the natural beauty we are

13 surrounded by. And to build this mill without

14 knowing what the true effects and consequences of

15 this mill in this area are is illegal and

16 irresponsible.

17 We have heard about the statistical

18 analysis of the chances of a truck full of uranium

19 byproducts spilling into one of the rivers and how

20 slim that is. But I'm sure the BP Event Horizon

21 had the same sort of statistical analysis, saying

22 that a catastrophe couldn't happen. But it did.

23 And when that type of catastrophe happens here, we

24 should know now what's going to happen and how they

25 are going to deal with something like that, and we



87

1 don't know that.

2 The National Environmental Policy Act, a

3 federal statute which mandates taking a hard look

4 at actions before moving forward, has not been

5 complied with. The Endangered Species Act, the

6 federal statute that ensures we will not push

7 species to extinction, has not been followed.

8 These are the minimum standards that

9 should have been followed. Just because this

10 process has been delegated to the State doesn't

11 mean that these parties can avoid compliance with

12 these standards. In fact, it says very clearly

13 that these minimum standards must be met, and they

14 have not been.

15 Throughout this hearing we will show you

16 the ways that they have not been followed and why

17 the questions that the public needs to know have

18 not been answered. Thank you.

19 THE HEARING OFFICER: Dr. Grossman.

20 DR. GROSSMAN: Greetings, everyone.

21 I want to thank everyone involved for the

22 opportunity to have become the only citizen that's

23 a party of interest in these proceedings. So far,

24 it has been an invigorating, interesting, and

25 demanding experience. I also want to express my



88

1 appreciation to Judge Dana and the lawyers for the

2 various interests, as they have been very

3 accommodating, too, and patient with this

4 nonlawyer.

5 At the outset, I feel the proceedings

6 need to concentrate on one thing, and it's been

7 echoed a little bit -- I'm going to have to read

8 this, I'm sorry -- and that's the mission statement

9 of the Colorado Department of Health and the

10 Environment. It's the first thing on their

11 website.

12 The mission, I will state it now: "The

13 mission of the Colorado Department of Public Health

14 and Environment is to protect and improve the

15 health of Colorado's people and the quality of its

16 environment."

17 This hearing should produce opinions and

18 evidence that this mission statement was followed

19 throughout the permitting procedure for the Pinon

20 Ridge Uranium Mill. That is why I think we are

21 here today. To set the stage for my comments, I do

22 not think the mission statement was followed, and I

23 challenge the CDPHE and Energy Fuels to show me

24 that it was.

25 For the record, let me follow with the



89

1 Department's vision that supplemented that mission

2 statement.

3 "Colorado will be the healthiest state

4 with the highest quality environment. The

5 Department will continue to work closely with our

6 local public health and environmental health

7 partners" -- I would expect that to be Sheep

8 Mountain Alliance, as well as others -- "to make

9 Colorado the healthiest place to live and a place

10 that offers its residents and visitors the highest

11 quality environment. The Department will serve as

12 the recognized leader, assess the agenda for public

13 health, and environmental quality in the state.

14 The Colorado Department of Health and Environment

15 will be a model of efficiency in governmental

16 processes by using creative and innovative means to

17 achieve desired health and environmental

18 improvements."

19 The question is whether the permitting of

20 an uranium mill anywhere in the state will be able

21 to satisfy this vision statement. As a private

22 citizen, I'm asking CDPHE to explain to me how it

23 will in this case and in general.

24 My name is Robert Louis Grossman. I'm 72

25 years old. I have lived in Colorado for 47 years.



90

1 I came here from the south, where I lived as a

2 youth. I'm a permanent resident of Boulder,

3 Colorado, but I have a refuge cabin on Deer Mesa,

4 north of Norwood, Colorado that I usually inhabit

5 up to about six months a year. You can see Paradox

6 Valley from my front yard. I've been associated

7 with Wright's Mesa since 1994 when I first arrived

8 looking for refuge during retirement. I bought my

9 property in '95 from Charlie Hughes and built my

10 cabin in 2004 and '5 with the help of local labor

11 and friends.

12 I served four years as an Air Force

13 Weather Officer and participated in the Cuban

14 Missile Crisis at an advanced SAC base in Britain;

15 it was very real. I figured I was not coming out of

16 it alive. It was a suicide mission for the bomber

17 pilots. I'm glad Nikita blinked. It is

18 interesting to hear the background now.

19 I have a BS in electrical engineering

20 from Duke University and an M.S. and Ph.D. in

21 atmospheric science from Colorado State University.

22 I am retired from over 40 years in either the

23 practice of meteorology or basic field research,

24 mainly with Boulder-based organizations such as

25 NOAA's Environmental Research Laboratory, the



91

1 National Center for Atmospheric Research, the joint

2 NOAA-University Colorado Cooperative Institute for

3 Research in the Environmental Sciences, the

4 Department of Atmospheric and Ocean Sciences at the

5 University of Colorado -- I was a founding

6 member -- and Colorado Research Associates, a small

7 company.

8 I am an Emeritus Member of the American

9 Meteorological Society and the American Geophysical

10 Union. I am an American Meteorological Society

11 Certified Consulting Meteorologist. I am an avid

12 outdoorsman who walks, bikes, kayaks, skis, and a

13 dedicated gardener and orchard keeper.

14 My formal education and experience are

15 those of an expert in the air dispersion aspects of

16 this hearing, and I so declare myself as one.

17 In the research I did prior to my Deer

18 Mesa purchase, I discovered these negatives: Fire

19 danger, wind danger, vandalism, two near-by VORs --

20 that's for air traffic noise -- and a Superfund

21 site in a place called Uravan, about 40 to 50 miles

22 west, that was in the early stages of a massive

23 cleanup.

24 I used to travel to Wright's Mesa via

25 Unaweep Canyon and, for several years, passed



92

1 through Uravan during the "cleanup." It was flat

2 scary to see the Kleig lights at all hours of the

3 night, spray trucks all over, green slime pools

4 with life-saver rings in case somebody fell in -- I

5 thought that was a laugh -- big haulage trucks, and

6 the San Miguel river just a few feet away from the

7 entire mess, with its confluence with the Dolores

8 only a few miles away.

9 Sarcastically, it made this patriot and

10 veteran feel real good that my taxpayer dollars

11 were funding that cleanup instead of the people who

12 caused the mess in the first place. I would have

13 preferred those tax dollars to go to funding

14 science programs at Nucla High or helping increase

15 sustainable, not boom-and-bust, employment

16 opportunities in the West End.

17 As an old-timer American, I am as much

18 for good, solid employment for folks in the West

19 End as anyone. I buy local when I can. I support

20 a local CSA. I support the Norwood Community

21 Garden. I'm involved with the Extension Service.

22 I hire locally when I can, and I support local

23 charities and youth programs.

24 I expect most people here in the West End

25 enjoy it. Otherwise, they wouldn't be here. What



93

1 is there to enjoy? One could say the sense of

2 community you experience out here that is different

3 than a big city. The 4th of July issue of the Dove

4 Creek Paper this year was full of wonderful stories

5 of this community spirit that we enjoy despite

6 personal differences. It makes us what we are out

7 here.

8 What drives that sense of community? One

9 aspect has to be the fantastic but unforgiving

10 landscape that surrounds us, providing great views,

11 hunting, fishing, skiing, mountain and rock

12 climbing, archeological study, beautiful places to

13 go, productive land for agriculture, and, yes,

14 responsible mining. If I've learned one thing in

15 my long history with this unforgiving landscape,

16 that is to respect it and work with it, not against

17 it. Otherwise, it will do you in.

18 I'm a little surprised that I don't have

19 company as a Party of Interest from the citizens of

20 Paradox, Nucla or Naturita. In the future,

21 remember, that you have power as a citizen to speak

22 out.

23 Judge Dana immediately accepted me as a

24 Citizen Party of Interest based upon my letter to

25 him and a document that I had prepared discussing



94

1 transportation issues. I was able to expand my

2 concerns to air dispersion and the permitting

3 process without objection.

4 While I have associations with several

5 groups represented here, my opinions are my own,

6 based on information I have gathered and in

7 discussions I have observed.

8 Historically, I have found that

9 agriculture was in the West End long before the

10 first miner showed up. The Native Americans raised

11 crops and even turkeys. I've seen 800-year-old

12 corn cobs and turkey pens in the canyons of Cedar

13 Mesa. Thousands of people lived out here and

14 thrived for a thousand years without mines.

15 Currently, the dominant use of land in the West End

16 is for agriculture.

17 I also found that the remote conditions

18 that surrounded the last uranium boom that brought

19 us Uravan are no longer existent. There are a lot

20 more people, a lot more interests of those people

21 other than mining, a lot more traffic. And we

22 aren't in a nuclear arms race anymore, so there are

23 no government price supports -- paid by

24 taxpayers -- for uranium. It's now an

25 international market that determines the price.



95

1 The remoteness and urgency of the '50s are over.

2 Nucla and Naturita are not isolated. They are

3 surrounded by people from all over the region.

4 It bothers me as an American that this

5 issue of the Pinon Ridge Uranium Mill and the

6 potential resurgence of the '50s uranium boom

7 locally will do little to help the United States.

8 Let's look at some facts.

9 A Canadian, not American, company is

10 running the show. They are not even close to being

11 local. The uranium mined and processed at Pinon

12 Ridge Mill will do nothing to alleviate the

13 nation's current energy problems, because like oil,

14 it is destined for the volatile international

15 market for anyone to purchase and set the price:

16 France, Sweden, Russia, North Korea, Iran, Iraq.

17 You get the picture. Not us.

18 Why? Because we have enough uranium

19 stockpiled and available right now for generations

20 of plants, and new technology is coming online to

21 use thorium and plutonium waste instead of uranium

22 for nuclear power, substantially reducing the

23 associated waste.

24 On top of that, no private investor will

25 touch the nuclear industry without massive



96

1 government backing of their investment. That's

2 your and my tax dollars at risk. Because of that

3 and the waste problem, there is little to no

4 activity in the American nuclear energy industry.

5 It takes a decade or more to build one. So demand,

6 if there, it's a decade away.

7 There is no guarantee that this Pinon

8 Ridge operation will last a generation, thus

9 improving the lot of the local population. In

10 fact, we see Energy Fuels pulling back these days.

11 Why? Because the spot price of uranium. Once on

12 the header of the Nucla paper that I remember at

13 70-something a year or so ago is now in the tank at

14 40-something -- below what an economic study shows

15 as the minimum price needed to keep the mill in

16 operation. And I've provided a picture of that.

17 Talk about uncertainty. Here it is in

18 spades. You have Japan going off nuclear after the

19 Fukushima disaster, France reconsidering, Germany

20 reconsidering, large deposits found in India where

21 extraction overhead is really cheap, and

22 mines/mills closer to buyers. And who knows what

23 will be found in Afghanistan? But believe me, the

24 geologists are out in force on the ground, as well

25 as in the air and space.



97

1 By the way, I'll bet that Energy Fuels, a

2 global company, is also looking at those

3 opportunities. All of this contributes to market

4 volatility, not certainty. Right now it looks like

5 the only folks really interested in uranium are the

6 Iranians.

7 We in the West End just had an Encana

8 experience with oil exploration on Monogram Mesa

9 and Disappointment Valley. They were initially

10 very aggressive, tore up the roads, leaked and

11 spilled a lot. And in one instance, the situation

12 was so bad, airspace over the site had to be

13 restricted.

14 Eventually, Encana became a pretty good

15 neighbor, but then, just recently, up and left

16 because natural gas and oil prices were dropping

17 and the operation was not profitable enough. And

18 you don't think that wouldn't happen with Energy

19 Fuels? If so, I've got a great deal on a bridge

20 for you.

21 And if the mill is built and they do

22 leave, do you think $15 million will clean up the

23 mess? How much did the Uravan cleanup cost? $70

24 million, almost five times the reclamation bond

25 required in the permit, which was increased from



98

1 $11 million as part of the settlement with San

2 Miguel County and local towns.

3 Who pays the difference? Not Energy

4 Fuels. They will be safely in Canada. But you and

5 me, as we did for Uravan.

6 And what are the costs to those living in

7 the West End? The costs are substantial: An

8 industrialized landscape that will increase visual,

9 audial, and medical pollution, road accidents,

10 toxic spills with major tributaries to the Colorado

11 on truck routes, and disturb habitat for the major

12 hunting attractions, deer and elk. Say goodbye to

13 your Scenic Byway 141-145 and your amazing night

14 sky in the Paradox Valley.

15 You want to see an industrialized

16 landscape? Not that far away. Go to the Aztec,

17 New Mexico border area. When I crossed the border

18 from industrialized Aztec into unindustrialized

19 Colorado a couple of years ago, the landscape went

20 from yellow dust to green vegetation. It was

21 amazing.

22 Additionally, I have noticed that

23 negotiations between adjacent counties during this

24 process has been somewhat adversarial with Montrose

25 County not paying much attention to the regional



99

1 impacts, which are substantially my two topics:

2 Atmospheric dispersion and transportation

3 highlight.

4 And what are the benefits? As seen by

5 this citizen, the benefits are regionally minimal.

6 A couple of hundred jobs like miners, truck

7 drivers, mill workers at almost poverty wages,

8 especially out here. And I'll bet most of the

9 high-paying jobs will go to foreigners who will

10 cycle in and out to Canada.

11 There will be some small increase in the

12 Montrose County tax base, depending on whether

13 Montrose can get $100 million to pave the 25 Mesa

14 Road and convince Delta County it's a good idea.

15 There will be some mineral severance

16 taxes to the State and Feds that may or may not

17 come back to us. There is no guarantee these jobs

18 will persist, just a promise from foreigners who

19 don't or won't live here and are paying locals to

20 go to bat for them.

21 Often, even the most well-intentioned

22 promises cannot be met. We've seen what happened

23 with Encana just recently. In and out. No tears.

24 I spent a summer solstice night at the

25 petroglyph site across the road from the proposed



100

1 mill site this year as part of a personal

2 investigation of two potential, very ancient

3 astronomical calendars on one of the east-facing

4 rocks. It was magic.

5 The intense quietude, the dominance of

6 the Milky Way in the gauze of stars above me, the

7 softness of the night breeze as I wedged myself

8 into an alcove and watched the moon set as some

9 Uncompaghre, Fremont, or Ancient Puebloean brave

10 must have done a thousand years ago.

11 Is this an instance of "get it while you

12 can"? Because if this mill happens, that won't

13 happen again for a hundred years. And locals'

14 grandkids will have to go miles and miles away to

15 experience that, when it is literally next door

16 right now.

17 It appears to this citizen that the

18 permitting process is flawed. Obviously, the

19 effects of the proposed mill reach far beyond the

20 boundaries of the property and not local to Paradox

21 Valley. It is a regional -- not local, not

22 county -- but a regional problem that should be

23 addressed regionally.

24 The State of Colorado and Federal

25 governments are best equipped to deal with this



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1 kind of permitting. It is entirely appropriate for

2 the Department of Public Health and Environment to

3 be involved. But what about the Department of

4 Wildlife, the Department of Transportation, the

5 Department of Public Safety, the Department of

6 Agriculture, to name a few? Shouldn't they have a

7 say in the permitting process?

8 So far, all DOT has done is approve a

9 turn-off into the mill property from Highway 60 and

10 some action: A light at the intersection of 60 and

11 141. Much more analysis needs to be done, as I'll

12 point out later.

13 I'm glad to see that archeology is being

14 taken seriously, as Paradox Valley is a pretty

15 special place in that regard. It, like the area

16 around Newspaper Rock, was a confluence of several

17 tribal groups from north, south, and east, as

18 evidenced by the wide range of rock art styles not

19 five miles from the mill site.

20 And ask Garfield County how they are

21 currently handling the oil and gas boom and bust?

22 They aren't as happy as they were 10 years ago and

23 neither are the permanent residents. Tax base

24 reduced, but oil and gas and social and economic

25 problems persist, so they go unattended due to lack



102

1 of funds. Will there be man-camps in Paradox

2 Valley or Monogram Mesa?

3 As a Party of Interest, I have three main

4 interests in the permit application as presented to

5 CDPHE and relying on the CDPHE mission and vision

6 statements to guide my opinions: The air

7 dispersion modeling of particulate and

8 radionuclides, transportation issues, and the

9 permitting process. I will cover each of these as

10 a brief introduction and expect details to be

11 discussed as the hearing proceeds.

12 Dispersion during milling operations: As

13 an atmospheric scientist with most of my research

14 experience in observing the planetary boundary

15 layer over ocean and land, I have some serious

16 problems with the way the air dispersion of

17 particulates and radionuclides have been modeled

18 and reported for this permit. The modeling has

19 been haphazard, in that the first model called

20 MILDOS used by Energy Fuels' consultants,

21 Kleinfelder, Inc., was determined to be too old and

22 not up to the job. It was replaced by AERMOD,

23 which is hardly better.

24 Why? Because both are straight-line

25 Gaussian dispersion models, inappropriate for the



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1 complex terrain encountered in the West End and

2 especially downstream from the proposed mill site.

3 Because of the admitted regional nature

4 of this dispersion problem, Energy Fuels has

5 attempted to model dispersion up to 50 kilometers

6 from the mill site. However, observations have

7 shown effects of downstream dispersion of dust from

8 great distances at sites in the high mountains, a

9 major supply of civic and agricultural water

10 resources.

11 What is needed instead, in these days of

12 advanced computing, is an ensemble model of

13 dispersion that comes in two flavors and probably a

14 hybrid: One that releases millions of particles

15 into the air and then follows them or one that does

16 the same thing and watches the particles go by at

17 specific points along the ground, preferable

18 because it's more realistic.

19 Either one is better than what is

20 currently presented in the permit.

21 While modeling the average state of the

22 atmosphere --

23 THE HEARING OFFICER: Just a minute.

24 MR. SPAANSTRA: Mr. Grossman is now

25 actually giving his testimony. And if that's the



104

1 case, this probably isn't the appropriate time for

2 that. Or is it going to be more in detail later?

3 THE HEARING OFFICER: That's a valid

4 question.

5 DR. GROSSMAN: I could go into a lot

6 more detail. I'm just trying to give you-all the

7 basis of why I'm here.

8 THE HEARING OFFICER: Okay. Fair

9 enough. Go ahead.

10 DR. GROSSMAN: And give you-all

11 something to chew on.

12 MR. SPAANSTRA: No. That's good.

13 Thank you. Your Honor, can I address Dr. Grossman

14 directly?

15 THE HEARING OFFICER: Sure.

16 MR. SPAANSTRA: Dr. Grossman, this

17 is an opening statement. And so my question was

18 whether you were giving your testimony now and what

19 you are saying is, no, you are just setting the

20 stage. So that's fine. We will continue.

21 DR. GROSSMAN: Yeah, and I thank you

22 for guidance and pull me up short, Judge and

23 others, if you think I'm --

24 THE HEARING OFFICER: We will make a

25 lawyer out of you yet.



105

1 DR. GROSSMAN: I know that my

2 colleagues are probably saying it's just Bob doing

3 his thing. Let's see.

4 While the modeling of the average state

5 of the atmosphere is sometimes useful for a

6 baseline, the atmosphere is rarely normal -- with

7 extensive variations, some extreme. However, only

8 monthly average conditions were used in the

9 modeling rather than day-to-day variations that

10 were then statistically evaluated as an ensemble.

11 I want to ask CDPHE why they used the

12 average instead of the median, since the wind speed

13 frequency distribution is far from symmetrical.

14 The average weights non-uniformly to the lower wind

15 speeds in the case of Paradox Valley, while the

16 median takes higher wind speeds into account.

17 I also want to ask CDPHE why they think

18 one year of data is sufficient for a permit to last

19 up to 40 years with renewals? In the world of

20 climate, a year of data is a sample of one. So I

21 have to ask CDPHE what kind of climatology for the

22 mill site can they determine from a sample of one?

23 There are no statistics for a sample of one.

24 Importantly for this particular permit,

25 extreme conditions were not considered, even when



106

1 we know that it is extremes that cause the most,

2 and often, the most lasting damage. These extremes

3 are often called black swans, because, though rare,

4 like the white buffalo, they do occur.

5 With respect to the permit, there are two

6 black swans to consider. One frequently occurs and

7 the other is hypothetical but very possible.

8 The first are the violent dust storms

9 that occur regularly but intermittently out here,

10 often confined to the spring and fall seasonal

11 transitions. However, during winter we can also

12 get violent wind storms but not as frequently as in

13 spring or fall.

14 The second hypothetical is the

15 possibility of a major accident at the mill during

16 one of these wind storms. For those of you like

17 myself who have experienced these storms, you know

18 that the best you can do is hunker down in a

19 protected space. Breathing and seeing become

20 difficult with all the dust in the air.

21 Try fighting a fire in one. If you

22 could, you wouldn't get much done with surface wind

23 gusts approaching 60 to 70 miles an hour, even with

24 protective eye and respiration gear, if they were

25 available.



107

1 Concerning the second black swan, a fire

2 or explosion at the mill during a wind storm, let

3 me indulge my academic side with a little lesson in

4 risk management. I associate this with a figure.

5 The figure, which I've sketched for a technical

6 discussion on climate change, shows the basic

7 principles of risk management. It has four axes --

8 and you'll see all of these when I send them to

9 you. I wish I could have done this prior to this.

10 The left vertical is probability,

11 increasing upward. The right vertical is cost,

12 increasing upward. The bottom horizontal is event.

13 In this case, it was temperature increasing, but it

14 could be wind speed. The top horizontal is a bin

15 error dealing with uncertainty in individual

16 estimates of probability.

17 Cost, which is the metric used for the

18 management of risk, is broken into three parts. In

19 general, the cost of repair and loss greatly

20 exceeds that of mitigation or adaptation for

21 extreme events. A good example right now is New

22 York City. However, by simply calculating risk and

23 adding it to the figure, one can assess the

24 relevance of the costs of mitigation and

25 adaptation, which is the crux of the political side



108

1 of the disaster debate.

2 For instance, in one of the many reports

3 concerning the permit, a probability of 10 to the

4 minus 5 -- that is one in a hundred thousand -- was

5 dismissed as small. It should be dismissed only if

6 the risk associated with it is low compared to the

7 mitigation costs.

8 As an example, all the economic and

9 social advantages that are currently associated

10 with the mill can be eliminated in one day and be

11 replaced with unbearable costs, as just happened

12 with New York City and its environs. That is the

13 definition of a black swan.

14 I'll let my discussion of risk management

15 go by right now, but I will just say that as the

16 general rule of thumb, if the mitigation and repair

17 costs are below or close to the risk value, do the

18 work. And if they're well above the risk value,

19 then the political and economic discussion begins.

20 So while Energy Fuels maybe has its eye

21 on saving the mill in such a fire and wind disaster

22 situation, the regional impact of the burning mill

23 becomes ascendant to the general public and

24 government agencies. Toxic and radioactive

25 material from burning and damaged parts of the mill



109

1 will be spewed into the atmosphere and dispersed

2 downstream.

3 To make a point just how serious it could

4 become, it would just be like Chernobyl, the Three

5 Mile Island or Fukushima. Who pays for that? Who

6 will have the money to pay for that? To paraphrase

7 a famous political remark of yesteryear, Energy

8 Fuels is no BP. I will tell you who. The same

9 people who cleaned up Uravan -- you and me.

10 I am incredulous that these two

11 situations -- one which is known to occur and one

12 very possible in the stated 40-year lifetime of the

13 mill -- do not appear in the atmospheric modeling

14 of particulate and radionuclide dispersion required

15 by the State of Colorado in this permit and, more

16 generally, by the federal government through the

17 Departments of Energy and Interior.

18 Can anyone here explain to me -- and I'll

19 bet a thousand or so other citizens living out

20 here -- why? I can tell you right now that no

21 rational explanation can be provided. And to prove

22 it ala Romney, a steak dinner at Blondies for

23 anyone who can provide one -- not legal, rational.

24 So as a citizen of the State of Colorado

25 since 1965, a resident of the West End downstream



110

1 of this proposed mill, I am asking for ensemble

2 modeling, not Gaussian dispersion for air

3 dispersion, including dust storms, with daily runs

4 and accumulation of daily results into monthly

5 statistics; a coherent regional transportation plan

6 that includes a detailed emergency response to

7 spills; and a risk assessment of the consequences

8 of possible disasters before this permit is

9 accepted as valid.

10 With respect to dust storm modeling, the

11 model must use a routine to account for the dust

12 from the Four Corners area already in the air, as

13 it will enhance the lofting of mill material by the

14 wind and it must use the relevant upper air

15 soundings and surface winds associated with a dust

16 storm, as they are very different from the monthly

17 average which appears to have been used in the

18 present permit.

19 For starters, the models should use the

20 data from dust storms that have occurred since the

21 Energy Fuels monitoring began in 2008 and

22 accumulate the results into a comprehensive

23 picture. Currently, due to the lack of attention I

24 have pointed out, in my opinion, the permit is not

25 valid.



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1 I have two other points, and I think I'll

2 wait for those. One is the regional dust

3 dispersion, and transportation. I figure talking

4 about these would take another ten minutes. But I

5 think I want to jump to one thing that I think is

6 real important that has been brought up by the

7 other parties.

8 I came into this as a private citizen who

9 was interested, who, as layperson, could understand

10 some of the things that were going on. And I got

11 confused, just as Mr. Stills was pointing out.

12 I'm very concerned about the process that

13 brought us together here. It seems to this citizen

14 that it is very ad hoc for such a serious action,

15 permitting a uranium mill. I have noticed

16 confusion among the litigants concerning what

17 documents are relevant and exactly what is at stake

18 here, what is being decided.

19 I would like to know why the State of

20 Colorado -- whose last permitting of a uranium

21 mill, the Cotter Mill in Canon City, was a

22 disaster -- did not gather together experts from

23 many fields of endeavor, not just the radiological

24 unit of CDPHE, to produce a process for permitting

25 before Energy Fuels spent time, effort, and money



112

1 to submit an application, an application that is

2 now being challenged.

3 In my former life, I participated in many

4 very large, very expensive, and very dangerous

5 international expeditions to explore the

6 atmosphere. These expeditions used satellites,

7 aircraft, ships, sophisticated ground instruments

8 of all sorts, and often a thousand or more people.

9 Since several U.S agencies were often

10 involved, a lead agency was decided upon, and that

11 agency coordinated all the rest through a project

12 office in force for the length of the expedition,

13 planning to data availability.

14 Why not follow that model? Have a Pinon

15 Ridge Permit Project Office with representatives

16 from CDPHE, DOW, DNR, DOT, DOE, etc., putting up

17 their requirements, hashing out the most important

18 and including them in the permitting process. Then

19 Energy Fuels would have something to go on and work

20 with, instead of this apparent ad hoc process.

21 Perhaps someone here can show me the

22 process, but I've been at it for almost a month now

23 and I can't find one. I read a pretty clear

24 explanation of what is going on in the Telluride

25 Planet the other day and came away with no



113

1 confidence in the process. What has to be

2 considered? Balance and disaster -- black swans --

3 since both reflect on the CDPHE mission statement

4 and vision.

5 How big should the balance be? As big as

6 Nucla, Naturita, and the immediate surroundings?

7 If so, no question that people, a maximum of 1,000

8 here, will benefit, and it appears they are willing

9 to take the destruction of their landscape, the

10 night sky, social disruption, and potential, even

11 verified, health risks as part of the deal. That

12 is their choice, and I know they are tough enough

13 not to complain or run to the government for help

14 when the negative effects come home to them. They

15 know how to live with a decision. After all, they

16 live here and deal with the good and bad, including

17 the current economy.

18 But I am arguing that this mill should

19 encompass a much larger area than Nucla, Naturita,

20 Paradox, and Montrose County's West End. It's much

21 bigger than that.

22 What if we make that balance bigger to

23 include the West End, and that means San Miguel,

24 Montrose, Delta, Mesa, and Dolores Counties for

25 starters. Now the problem becomes more difficult,



114

1 because as the balance reaches regional scales, as

2 it should, because there is overwhelming evidence

3 that the mill effects will be regional, then people

4 who do not benefit from the mill start to become

5 heavier on the balance scale than those just in the

6 immediate area of the mill. That is the problem we

7 face.

8 Now, we know through the Paradox

9 Foundation and other organizations that the folks

10 of the region really care about the dismal

11 employment situation in the Nucla and Naturita area

12 and are trying to provide alternatives.

13 For instance, I know of a man in Montrose

14 who owns land in Paradox Valley and wanted to put a

15 commercial pistachio farm there with his son. I

16 see grape orchards along Unaweep. Why not Paradox?

17 There is a commercial solar electricity farm in

18 Paradox Valley.

19 I would hope the Montrose County

20 Commissioners and the various Chambers of Commerce

21 locally would be more involved in making things

22 better for them. So it isn't as if there is a real

23 polarization, those outside of the region not

24 caring about those inside. This is a situation

25 where the interests of all involved must be taken



115

1 into account, not just the interests of a few.

2 So what we are doing here today is the

3 essence of democracy. We have elected officials

4 who have acted pro and con. We have a permitting

5 system that, to this citizen, needs improvement.

6 And we have conflict between those who see

7 advantages in having a uranium mill next door and

8 those who do not. And we have a judicial system.

9 It appears we are going to have to rely

10 on the judicial system to resolve this, as it

11 appears that the other systems are not up to the

12 task. And there are obviously strong opinions on

13 both sides.

14 But this flawed permitting process brings

15 forth a political problem that I hope the political

16 system can address: The identification of regional

17 problems and opportunities and then a method to

18 deal with them across counties while keeping in

19 mind State and Federal rules and input.

20 It is a big task and I will admire the

21 politicians willing to take it on. For starters,

22 they will have to be compromisers and balancers.

23 Ultimately, though, the responsibility for acting

24 responsible lies right on our individual shoulders.

25 So, with this -- believe it or not, I



116

1 call it a brief introduction -- I stand ready to

2 defend my positions regarding air dispersion,

3 transportation, and the permitting process for

4 uranium mills in Colorado, along with other

5 positions that might arise as the hearing

6 progresses.

7 Isn't America great?

8 THE HEARING OFFICER: Mr. Barnes,

9 you said you did not wish to make an opening

10 statement but you wish to testify?

11 MR. BARNES: I'm going to save mine

12 for testimony.

13 THE HEARING OFFICER: At the risk of

14 making a speech, for the record, the lawyers here

15 are kind enough to refer to me as judge. That's a

16 job I have not held since 1984. I resigned. I sat

17 in the state district court in Boulder and have

18 since then been a member of a private mediation

19 arbitration service. I do not sit here as a member

20 of the judicial branch of government. And,

21 presumably, someone in this process will be

22 dissatisfied with my decision and will cause it to

23 be reviewed by a state district judge, probably in

24 Denver, since that's where the jurisdiction lies.

25 Mr. Stills, in his statement, referred to



117

1 a decision by Judge Habas. I sat as the hearing

2 officer on that proceeding. But I am here today,

3 having been appointed by the Department of Health

4 to conduct this hearing. My judicial experience is

5 simply to give me the ability to understand how a

6 hearing is supposed to be conducted. And the

7 decision I have to make is to make findings of fact

8 and conclusions of law, effectively addressing the

9 issues that the parties have raised in this

10 proceeding. It then goes back to the Health

11 Department for a licensing decision, and they will

12 consider the comments and the evidence, my

13 conclusions to the extent they want to pay any

14 attention to them, and that's their call. And then

15 you folks can ask another state district judge to

16 review it. And since everybody who was on the

17 bench at the same time I was is probably deceased,

18 in large part, they will or will not agree with me.

19 So with that, let's take ten minutes.

20 Give everybody a chance to stretch their legs and

21 find the facilities.

22 (Recess taken, 10:17 to 10:36 a.m.)

23 THE HEARING OFFICER: We have two

24 mechanical issues. One, it is my understanding

25 that the parties have stipulated to the exhibits



118

1 tendered by Energy Fuels and by Sheep Mountain

2 Alliance in terms of authenticity?

3 MR. STILLS: Yes, and the Wildlife

4 Coalition as well.

5 THE HEARING OFFICER: And the

6 Wildlife Coalition. So all of those documents are

7 admitted for the record without being further

8 authenticated. Now, obviously, you'll refer to

9 them as you refer to them as we go through the

10 testimony.

11 Then the other thing we have to deal with

12 is you wanted to ask Mr. Tarlton some questions

13 about specific documents so the State would have

14 the opportunity to find them, if they are in the

15 State's hands?

16 MR. STILLS: Yes, that's correct.

17 MR. SPAANSTRA: Your Honor, before

18 we do that, I think Mr. Barnes asked me how many

19 people could call into this number without it

20 crashing the system. It's 300. I think that

21 should suffice for now.

22 THE HEARING OFFICER: I would think

23 so.

24 MR. SPAANSTRA: Okay. I just wanted

25 to make sure.



119

1 THE HEARING OFFICER: I can't

2 imagine that we are going to get 300 people calling

3 in.

4 MR. STILLS: The election is over

5 and no one has anything to do.

6 THE HEARING OFFICER: They have to

7 go take all the signs down.

8 MR. STILLS: Your Honor, one more

9 mechanical thing, if I may? We talked about the

10 burden of proof briefs, and I have got the written

11 form I'm going to give to Judge Dana, and then I

12 will serve everyone else electronically as we

13 discussed.

14 MR. SPAANSTRA: And, Your Honor, I

15 will -- we have hard copies which I will pass to

16 the parties' counsel and Dr. Grossman and

17 Mr. Barnes.

18 THE HEARING OFFICER: Do you want

19 Mr. Tarlton sworn for this conversation?

20 MR. STILLS: Yes.

21 STEVE TARLTON,

22 being first duly sworn in the above cause, was

23 examined and testified as follows:

24 VOIR DIRE EXAMINATION

25 BY MR. STILLS:



120

1 Q Mr. Tarlton, good morning. I just have a

2 brief question here concerning a set of documents

3 we requested in our discovery request of September

4 20th. If I may refer you to that, I believe

5 everyone has a copy. I have paper copies, if you'd

6 like. I don't have this ready for the screen.

7 It's Request for Production No. 4.

8 THE HEARING OFFICER: Which is on

9 which page, Mr. Stills?

10 MR. STILLS: It's on Page 14.

11 Q (By Mr. Stills) And, actually, if you

12 could flip to the very last page of the document I

13 gave you, that's your signature?

14 A That's correct.

15 Q And are you familiar with this document?

16 Is this the document you prepared as a response to

17 our discovery request?

18 A I'm familiar with it.

19 MR. STILLS: And there's been some

20 briefing on this, and I think the result was that

21 if we could demonstrate the existence of documents,

22 we would then put it forward that you all would try

23 to get them to us as quickly as you can for use in

24 the hearing, I would hope.

25 MR. GOAD: Subject to objections of



121

1 relevance and that sort of thing.

2 MR. STILLS: Of course.

3 Q (By Mr. Stills) The Question 4 summarizes

4 a set of documents that we believe are in

5 existence. We can show they exist, even though we

6 don't have a copy of them to prove it. So I'm

7 going to ask a couple of questions for you.

8 Have you billed Energy Fuels for the time

9 that the Department has spent assisting and

10 reviewing the application?

11 A Yes.

12 Q What was the rate that they were billed

13 at?

14 A They were billed at the rate in our

15 regulations of $152 an hour, I believe.

16 Q And when did you begin billing Energy

17 Fuels for your assistance?

18 A I'm not sure.

19 Q Do you recall when they first

20 communicated with you about the application?

21 A Not specifically, no.

22 Q Do you think it was sooner than 2007?

23 A I believe so.

24 Q Was it earlier than 2006?

25 A No, I doubt it.



122

1 Q So 2006 would be a cutoff date that you

2 would be comfortable with for the first time you

3 had communicated with Energy Fuels concerning this

4 project?

5 A I don't know what year it was. It was

6 prior to the license application being submitted.

7 Q Okay. Do you keep records of the billing

8 that you send Energy Fuels?

9 A Yes.

10 Q And on what basis do you prepare those

11 bills?

12 A As people spend time on a specific

13 project, on a monthly basis they enter the hours

14 into a billing system, and then bills are sent to

15 that entity.

16 Q Do they keep track of each task they

17 undertake as well?

18 A Not in a great deal of detail. It's more

19 general.

20 Q But as a yes or no answer to my question,

21 do people generally keep track of each task in a

22 particular worksheet?

23 A I'm not going to give you a yes or no

24 answer. The answer is that if they are doing

25 meetings, they would identify that as meetings. If



123

1 it is a document review, they would try to identify

2 that as a document review and so on. It's not task

3 specific.

4 Q But there would be some indication of

5 what they were working on recorded in paper form;

6 is that correct?

7 A On the invoice, yes.

8 Q And also on worksheets prepared by those

9 individual staff members?

10 A Not always.

11 Q If I may approach.

12 I'm going to ask you to take a look at

13 this document.

14 A Uh-huh.

15 Q Are you familiar with that document?

16 A This is a whole bunch of documents.

17 Q Okay.

18 A Yes, I'm generally familiar with what

19 they are.

20 Q Did you have a look at that over the

21 break to be able to familiarize yourself with it?

22 A Yeah, very quickly.

23 Q Very quickly? And could you describe

24 what that document is?

25 A This is for the Cotter Mill. This is a



124

1 cover sheet for invoices. This is our File No. 2

2 that has the invoices and docket sheets for -- it

3 says 2010. I didn't verify that that's the exact

4 dates or the content. I don't have -- know that

5 this is what was in that file. This is just those

6 kind of documents.

7 Q And do you recall providing me with a

8 copy of that document?

9 A I believe we gave you these during the

10 deposition on the Cotter-CCAT lawsuit that you and

11 Jeff are also involved in.

12 Q And is it correct that you went and got a

13 folder off a shelf and all of those documents were

14 in one folder?

15 A Yes.

16 Q Is that the way -- is that the manner in

17 which you typically keep these billing records?

18 A Invoices are kept in one folder. Docket

19 sheets are kept in the same folder. So they are

20 not necessarily linked directly, but they are in

21 the same folder.

22 Q There's two folders --

23 A No, there's one folder.

24 Q Okay. It is one folder?

25 A Yeah.



125

1 Q Okay. Do you keep a similar file for the

2 Energy Fuels project?

3 A Yes.

4 Q Is that file easily accessible?

5 A I think so.

6 Q Is it maintained in the same manner as

7 this file is kept?

8 A I suspect it is, yes.

9 Q Is there any problem with having someone

10 go pull that file, copy, and provide it to us as a

11 manner of mechanics?

12 A I don't think so.

13 Q It could be scanned in and sent to us in

14 electronic copy rather quickly.

15 A I don't know how quick it would be, but

16 it could be done.

17 Q Okay. What is the most recent entry of

18 time in that file? What is the most recent invoice

19 to Energy Fuels?

20 A I don't know.

21 Q Were any invoices sent to Energy Fuels in

22 2012?

23 A I don't know.

24 Q Who would know?

25 A Well, we could go look in the file.



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1 Q Okay. I guess I would appreciate and I

2 believe, subject to any objections, that we should

3 be able and -- again, we'll put forward -- should

4 have already been provided a copy of these

5 documents so that we could, as is the practice of

6 litigants, look over your time sheets, see what you

7 spent time working on. Those time sheets were

8 produced by Energy Fuels for some of their

9 contractors, and I would introduce this document

10 into evidence as authentic and an indication that

11 there are documents in existence that have not been

12 provided that are responsive to Request for

13 Production No. 4, and request that action be taken

14 to get those documents to us as soon as possible.

15 MR. GOAD: Your Honor, if I may

16 respond. I, on behalf of the Department as the

17 Department's attorney, entered numerous objections

18 to this request. Those objections were never

19 responded to. Nonetheless, we will try to see what

20 we have and produce them, subject to, of course,

21 objections as to relevance.

22 I'm also going to assume that -- the

23 request originally said all CDPHE personnel. I'm

24 going to assume that Mr. Stills actually meant

25 people on Mr. Tarlton's staff who may have entered



127

1 time which was billed then to Energy Fuels. And

2 without further explanations, I'm going to adopt,

3 if necessary, reasonable interpretations of vague

4 terms in the request. And that was one of my

5 objections. And we will see what we can come up

6 with.

7 MR. STILLS: Your Honor, if I may?

8 THE HEARING OFFICER: Go ahead.

9 MR. STILLS: I believe I can point

10 you to our motions to compel where we explain that

11 the vagueness is taken away by the fact that we

12 were looking for those documents -- and it was

13 explained by Mr. Tarlton -- that are produced and

14 that were produced under, as he said, the direction

15 of statute and regulation. And we are willing to

16 limit ourselves at this time for this purpose -- we

17 don't know where these might lead -- to those

18 documents that are contained in the very easily

19 accessible files that Mr. Tarlton and I discussed.

20 And then if it takes us elsewhere, I

21 think it takes us elsewhere. But I believe we have

22 laid it out rather clearly, and we are not just

23 relying on what's in this. This has been briefed

24 by the parties and there are materials for Mr. Goad

25 to be guided upon.



128

1 THE HEARING OFFICER: Okay. Well,

2 the document -- presumptively these are examples --

3 the Cotter Corporation materials are examples.

4 MR. STILLS: That's correct. Not

5 the documents themselves.

6 THE HEARING OFFICER: Not relevant

7 to this proceeding. This document itself is not --

8 MR. STILLS: It's offered into

9 evidence that these documents exist, and I believe

10 Mr. Tarlton testified to that fact.

11 THE HEARING OFFICER: And all I

12 think we are doing here is the file that

13 Mr. Tarlton referred to, get somebody to scan it,

14 if that can be accomplished, and get it shipped

15 over here.

16 MR. GOAD: If I could make a point

17 of clarification, that the documents being sought

18 are like this exhibit here.

19 THE HEARING OFFICER: Well, there's

20 the time sheets and the summaries, the invoices.

21 That's what's in here.

22 MR. TARLETON: Not really. No, sir.

23 The two things that are in here are invoices and

24 docket sheets, and docket sheets are identified for

25 specific tasks. And it's a method of tracking the



129

1 assignment of that task to individual people so

2 that we know how long they have had it, whether or

3 not they can turn it around and so on, so...

4 MR. GOAD: And if we could also

5 specify the time frame on this. Originally the

6 request went back to 2003, I believe. Are we

7 looking at 2009 forward, when the application was

8 submitted?

9 MR. STILLS: No. We're looking at

10 2006 forward when CDPHE began working with. It is

11 my understanding, but we were not able to get any

12 testimony, that this billing process was

13 established in 2007. So if we go back a year

14 beyond that, I think we should have it covered.

15 MR. GOAD: We will see what we can

16 come up with.

17 THE HEARING OFFICER: Okay. We'll

18 see when it gets here if you want to explore this

19 further.

20 Do you have any other subjects you want

21 to take up with Mr. Tarlton?

22 MR. STILLS: We will take those up

23 in the course of the proceedings. This is the one

24 that I wanted to respond to the motions to compel

25 on. That will take care of it.



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1 THE HEARING OFFICER: Okay. Thank

2 you.

3 Does that take care of all of the

4 mechanical things that we have? I think so,

5 subject to my work over the lunch hour on these

6 privilege issues, which is somewhat delegated,

7 but...

8 MR. SPAANSTRA: Your Honor, one

9 actual really truly mechanical issue is all of a

10 sudden, the Wi-Fi is asking for a password.

11 (Discussion off the record.)

12 (Witness sworn.)

13 THE HEARING OFFICER: State your

14 full name.

15 MR. FILAS: Frank Filas.

16 THE HEARING OFFICER: Spell it.

17 MR. FILAS: Last name, F-I-L-A-S.

18 THE HEARING OFFICER: Do you want to

19 do this by narrative from the witness? Do you want

20 to ask questions?

21 MS. LUCAS: We're going to do a

22 combination.

23 THE HEARING OFFICER: Okay.

24 FRANK FILAS,

25 being first duly sworn in the above cause, was



131

1 examined and testified as follows:

2 DIRECT EXAMINATION

3 BY MS. LUCAS:

4 Q I'm going to start off and just wanted to

5 ask you to introduce yourself to everybody. Can

6 you tell us a little bit about your background,

7 your professional background and educational

8 background, please.

9 A Certainly. I have a degree in mining

10 engineering. I also have a master's degree in

11 environmental science and engineering. I have

12 spent 30 years in the mining and environmental

13 industry. The first eight to ten years was in mine

14 operations. I then gradually moved into

15 environmental. I spent two years as a State

16 regulator for the State of Utah, Division of Oil,

17 Gas and Mining. My primary responsibility at that

18 time was the southeast portion of the state. And I

19 was involved in a lot of the reclamation design and

20 also cost estimating for bonding for the many

21 uranium mines in the southeast portion of the

22 state.

23 Later, I worked for a company called

24 Canonie Environmental Services. We were one of the

25 companies that closed and reclaimed a lot of these



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1 old mills. Worked quite a bit on the Church Rock

2 Uranium Mill facility doing groundwater remediation

3 and also doing as-builts for closure and

4 reclamation.

5 I also was involved in the design for the

6 in-place closure of the Moab tailings facility in

7 Moab, Utah. I have also done work for mining

8 companies in the Gold Patch, very familiar with

9 miner designs for heap leach facilities, tailings

10 impoundments, and the like. In fact, the gold

11 industry -- while the uranium industry was pretty

12 dormant, the gold industry was not. And a lot of

13 the miner designs that we are using now basically

14 were developed over time in the gold industry.

15 In more recent years, I went to work for

16 Energy Fuels in 2006 as the environmental manager,

17 and so I have been with Energy Fuels for the last

18 six years. I have been doing the environmental

19 permitting for our mines, and these mines include

20 operations in Colorado and Utah and now Arizona.

21 I'm also working on the permits with the BLM and

22 the Nuclear Regulatory Commission for another site

23 that we recently acquired at Chief Mountain in

24 Wyoming.

25 Q And what's your role been with respect to



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1 the Pinon Ridge Mill facilities?

2 A I was the lead permitter on this

3 facility, and we had quite a few consultants

4 working for us at that time. So it was my job to

5 make sure that they were getting the work done on

6 time and were doing a good job. I also work

7 closely with Bob Monok, who did our engineering

8 design, and his consultants, and a lot of times

9 they were the very same consultants. A lot of

10 these larger firms were both engineering and

11 environmental design firms.

12 Q Thank you very much.

13 Please give us an overview of the Pinon

14 Ridge Mill facility.

15 A Yeah, we thought it would be good to just

16 kind of set the stage for what this mill is and

17 some of the attributes of it, and that will set the

18 stage for later on.

19 Today I will give you a brief

20 introduction on who Energy Fuels is and what

21 uranium and vanadium is used for; talk about the

22 project location, the general facility design and

23 operation, the environmental protection measures

24 that we propose for this facility; worker and

25 public safety; closure and reclamation



134

1 requirements; and then the licensing requirements

2 here in the state of Colorado.

3 Energy Fuels is a public company. We

4 specialize in the exploration, development, mining,

5 and milling of uranium and vanadium properties. We

6 have strong ties to Colorado and western Montrose

7 County.

8 I would point out that Energy Fuels, as

9 it is right now, we have close to 400 employees.

10 All but one of those employees works in either

11 Wyoming, Colorado, Utah or Arizona. We do have one

12 employee -- we recently hired a controller in

13 Canada who works part time in Denver and part time

14 in Ontario.

15 So Energy Fuels, Inc., which is the

16 parent company, is a Canadian corporation. And we

17 do that so we can be on the Toronto Stock Exchange

18 where most junior mining companies are. However,

19 virtually 99 percent of our employees are based

20 here in the United States and are U.S. citizens.

21 MR. STILLS: Your Honor, if I may?

22 This is kind of a quick, practical question,

23 especially with all of these servers. Are we going

24 to circulate copies of these presentations to the

25 other parties as soon as the server is back up?



135

1 MS. LUCAS: Yes, we can do that.

2 MR. STILLS: Thank you.

3 A We have done two mergers this year. The

4 second merger was with Denison Mines U.S.A. As

5 part of that, we became the owner and operator of

6 the White Mesa Mill. It's the only operating

7 uranium mill in the United States. And I guess I

8 shouldn't say mergers; it was more of an

9 acquisition. We also are the owner of

10 approximately 20 permitted underground uranium

11 mines in Colorado, Utah, and Arizona. And we are

12 now the largest conventional producer of uranium in

13 the United States.

14 Uranium is a naturally occurring,

15 slightly radioactive element that is very common in

16 the Earth's crust. I usually point out -- and I'll

17 reiterate this later -- that the material we mine

18 is 99.3 percent uranium 238, which has a very long

19 half-life. Therefore, it's not very radioactive.

20 The .7 percent that is uranium 235 is what the

21 power plants are after, and that has to be

22 concentrated at a later point in time in order to

23 build fuel rods for a nuclear power plant. And, of

24 course, we don't do that here. It's shipped out of

25 state for that.



136

1 It's used as a fuel for nuclear reactors.

2 It also has found some use in electrical, medical,

3 and industrial applications. I think one of the

4 key points here is that in the United States, we

5 consume 55 million pounds a year, but we only

6 produce 5 million pounds. So we have a large

7 shortage here in the United States on producing

8 uranium.

9 Twenty percent of the U.S. electricity

10 today comes from 104 nuclear power plants in our

11 country. We produce more nuclear power than any

12 other country in the world, and we have been doing

13 it safely now for 30 years or more. In fact, the

14 nuclear power industry is one of the safest in the

15 country, based on statistics. Also, nuclear energy

16 is domestically abundant, clean, safe, and

17 inexpensive.

18 Vanadium is a naturally occurring element

19 also, and we find it in our uranium ore. In fact,

20 it's -- in some of the mines, it's five to six to

21 nine times higher than the uranium concentration,

22 so this is an added bonus to us to be able to

23 extract the vanadium from the ore. It's primarily

24 used in high-strength alloys, special alloys that

25 can be used in areas where others can't. It's also



137

1 utilized in the manufacture of industrial

2 chemicals, surgical instruments, and emerging

3 battery technologies for renewable energy systems

4 and electric vehicles.

5 What is the purpose of the Pinon Ridge

6 Mill? It's to receive and process uranium and

7 vanadium ores from the area mines over a 40-year

8 operational period. It's designed to process 500

9 tons of ore per day into concentrates of uranium

10 oxide and vanadium oxide. The concentrates are

11 sealed in 55-gallon steel drums and shipped to

12 off-site processing facilities. These are

13 out-of-state facilities, mainly to the east of us.

14 The mill is located between the towns of

15 Bedrock and Naturita. It's about seven miles from

16 Bedrock over here and 12 miles from Naturita in

17 East Paradox Valley. It's also located right along

18 Highway 90 at Mile Post 23. It's located on an

19 880-acre parcel. It's all private land. The area

20 has seen considerable historic uranium production.

21 There's underground mines. There's an open pit

22 mine that was never fully developed just to the

23 southeast of us. There are also -- it's also

24 central to many more mines in the Uravan mineral

25 belt.



138

1 Let me just briefly go over how uranium

2 and vanadium is extracted from the ore. The ore

3 trucks that come to the mill will -- their ore will

4 be put into stockpiles; and then from these

5 stockpiles, the ore will be fed in via conveyor

6 into what we call a SAG mill.

7 A SAG mill is basically, if you can

8 picture it, it's like a large washing machine that

9 we add water to the ore and we also add steel balls

10 and it grinds it into a slurry that we call pulp.

11 And this pulp goes into a tank, and from there it

12 goes into -- it is leached with acid to extract the

13 minerals out of the rock. This includes uranium,

14 vanadium, and other minerals.

15 From there, this aqueous solution

16 containing the metals goes to what we call our SX

17 system. And there we use an organic. It's

18 kerosene with an amine collector that

19 preferentially grabs first the uranium and then the

20 vanadium out of solution. Once we have the uranium

21 and vanadium in solution, we use another -- a

22 higher pH solution to both extract the uranium back

23 into solution and to concentrate it. Then that

24 concentrated solution goes to our precipitation and

25 packaging plant.



139

1 There the uranium and then the

2 vanadium -- these are separate solutions -- are

3 each precipitated out of solution. The uranium is

4 dried in a zero-discharge vacuum dryer and packaged

5 in those 55-gallon drums. The vanadium is run

6 through a furnace where it -- we create a product

7 called black flake. It's a metallic flake product

8 that also is packaged in the 55-gallon drums.

9 We do have the waste that's generated

10 from this process. It's referred to as 11e(2)

11 byproduct material. The solid waste goes out to

12 our tailings impoundment where it's disposed of

13 permanently. Excess solution that we cannot

14 recycle is called raffinate, and it goes out to an

15 evaporation pond for evaporation of the water.

16 Eventually, any salts that collect here are also

17 transferred over to the tailings impoundment, so

18 there is one permanent disposal facility on site.

19 These barrels of yellowcake and black

20 flack or vanadium oxide are transported in standard

21 transport or standard semi-truck trailers.

22 However, they are cribbed very snugly in there with

23 wood and other packing materials. We typically get

24 about 43 barrels in a trailer truck. And, again,

25 that's transported back East, to the Midwest, or to



140

1 Ontario, as far as the uranium goes, for additional

2 conversion and concentration to get the uranium 235

3 content up to where it will work in fuel rods. The

4 vanadium from the White Mesa Mill is typically sent

5 to the East Coast where a plant there uses it in

6 their steel alloy process.

7 This is what the site -- our plans look

8 like for the site. We have an access road that

9 comes in off of Highway 90 and comes down here to

10 the ore's stockpile area. The mill is here. Our

11 first tailing cell is right here below the mill.

12 Our first set of evaporation ponds, these are ten

13 4-acre ponds down here. This pink area would be

14 future expansion for the 40-year mill life.

15 This is a facility rendering of what it

16 would look like. Again, you would have the access

17 road coming in here to the stockpile area, mill

18 facility area, which is probably half a dozen

19 fairly large buildings. We have a tailings cell

20 area and evaporation ponds.

21 I would like to talk a little bit about

22 environmental protection, including our site

23 selection process, how we located the facilities on

24 our site to minimize impacts, the baseline data

25 collection that we did prior to submitting our



141

1 application, and the environmental controls that we

2 have incorporated into the facility design.

3 We looked at seven potential sites

4 closely. But before I get into this, we did look

5 at former sites, but a lot of them, like Uravan

6 and, say, the Atlas Moab Mill do not meet current

7 modern regulatory standards for siting a mill. So

8 those were pretty much off the board. However, we

9 did seriously look for about an eight-month period,

10 from late 2006 to mid-2007. We ultimately selected

11 this site for a number of reasons. It wasn't the

12 best site we found.

13 Under most of the site there is no

14 groundwater. There is groundwater here along the

15 toe of the mesa, and that depth of the groundwater

16 there is 450 feet. There is also no perennial

17 surface water on this site. We do have runoff from

18 storm events, but the watershed above us is

19 relatively small so it is not an issue to divert

20 that water around us.

21 The area seismically is very stable. It

22 is also a relatively remote location. I think we

23 have six residences in East Paradox Valley that

24 stretches 15 to 20 miles, so not too many folks

25 live there. Our nearest downwind resident is about



142

1 three miles east to the site. And even though this

2 is not part of CDPHE's siting criteria, it was

3 important to us that it be central to our mines and

4 other mines in the area.

5 After we decided this was a very good

6 site -- and I might add, you know, there was some

7 question there about billings and CDPHE's

8 involvement -- we did -- before we purchased this

9 site, we asked CDPHE personnel to come out and take

10 a look at the site and let us know if they saw any

11 fatal flaws at that time. That's just prudent

12 business practice. I mean, you don't go and buy a

13 site and then find out two years later it's not a

14 good site.

15 So once we had the site and were doing

16 our baseline studies, we did take a look at how we

17 were going to design the facility. One of the

18 things that attracted us to it, and what the judge

19 mentioned, is that when you look up from the road,

20 the topography is such that you increase with

21 elevation as you come from this road up this way.

22 Well, that works very good for a mill. You put the

23 mill on the uphill side and then tailings and water

24 and that can all flow downhill.

25 But it was also good, I think, for us



143

1 from an environmental point of view because this

2 mill is three-quarters of a mile off the highway.

3 That makes the visual impacts and other impacts of

4 the mill less noticeable and easier to control.

5 The evap ponds and the tailings cells are

6 all low-profile facilities, mainly below grade.

7 So, again, you don't have something standing up

8 real high and visible. We have shielded outdoor

9 lighting in most areas, no offensive odors. And

10 the loudest noise will be the equipment back-up

11 alarms as the trucks back up to dump on the ore

12 stockpile area.

13 We acquired the site in July of 2007.

14 And we -- in August of 2007, we immediately began

15 baseline data collection. That was for our

16 groundwater, surface water, air, meteorology,

17 geology, soils, vegetation, wildlife, cultural

18 resources, seismology, background radiation, and

19 socioeconomics. These baseline reports were all

20 provided in our license application, and they were

21 also summarized in the environmental report that

22 was part of our application.

23 The next thing was when we looked at our

24 facility -- and we did pattern this facility after

25 the White Mesa Mill that was constructed in 1980.



144

1 However, we looked at it from a modern

2 environmental perspective and what additional

3 environmental controls can we put in there and what

4 changes in how we ran that mill that we could make

5 it better.

6 And so we sat down and we came up with

7 number of items. And a lot of this was things that

8 CDPHE told us that they would be looking for. That

9 included secondary containment in our processing

10 areas, chemical resistant piping with secondary

11 containment on all of our pipe runs, engineered

12 liner systems that met, at the very least, the

13 minimum requirements of the NRC and EPA, leak

14 collection and recovery systems on those liner

15 systems, and storm water controls.

16 Basic storm water controls divert around

17 the site, but all storm water that falls on the

18 site would be contained in our storm water ponds

19 and evaporation ponds. In fact, the storm water

20 controls are designed for a maximum precipitation

21 event, maximum probable precipitation event, so

22 this is truly a zero-discharge facility.

23 On the air quality side, we incorporated

24 water sprays onto the ore stockpile area and travel

25 ways of the site. We also included magnesium



145

1 chloride and other dust suppressants, as needed,

2 for these travel ways and roads.

3 There is a truck wash there for any

4 vehicles leaving the restricted area. We have bag

5 houses and gas scrubbers for our emission points.

6 And most of these emission controls are 99.9

7 percent effective or more. So they are certainly

8 not your grandpa's emission control devices. We

9 also have automated equipment that's hermetically

10 sealed with hermetically sealed brooms for

11 packaging of our uranium and vanadium concentrates.

12 Wildlife protection included bird netting

13 on our evap ponds, bird balls on our tailings

14 impoundments. Security fencing is 8-foot chained

15 link around the site, topped by three strands of

16 barbed wire and another 2 to 3 feet of fine-wire

17 mesh below grade to keep out burrowing animals.

18 THE HEARING OFFICER: What are bird

19 balls?

20 MR. FILAS: Bird balls are plastic,

21 hollow balls that float on top of the tailings

22 solution, and it deters birds from landing on those

23 areas. They found wide application in Nevada and

24 other areas where gold mining is done.

25 A I'm going to talk a little bit about



146

1 health and safety, but before I do, I would like to

2 talk about natural background radiation. A lot of

3 people think that radiation is bad for you.

4 However, radiation is all around us, especially

5 here in Colorado where we live at higher

6 elevations. We receive more radiation than people

7 living on the coast, for example.

8 This shows the U.S. average for radiation

9 is about 310 millirem per year. And that's from

10 cosmic radiation from space, terrestrial radiation

11 from the ground, and then what you ingest as far as

12 food and inhale in the air. So the average is

13 about 310 in the country, 400 in Colorado, 526 up

14 at Leadville. We think in this area it's probably,

15 based on the elevation and the uranium ore in the

16 area, that we are probably looking at around 450

17 millirem per year on average as an average dose.

18 So we start off with the 400 millirem per

19 year. Mill workers are allowed, by law, to receive

20 up to 5,000 millirem per year or 5 rem. However,

21 in practice, this does not happen anymore. It may

22 have occurred at historic mills.

23 MR. STILLS: Your Honor, may I

24 object? I don't know how you want to handle

25 objections. Would you prefer I stand, raise our



147

1 hands?

2 THE HEARING OFFICER: Just state --

3 what's your objection?

4 MR. STILLS: I do object to him

5 testifying on legal conclusions.

6 MS. LUCAS: I'm sorry. Could you --

7 MR. STILLS: I do object to the

8 testimony that the ALARA standard that he referred

9 to is what is required by law.

10 MS. LUCAS: May I ask a question?

11 THE HEARING OFFICER: Well, the

12 witness can testify as to his understanding; you

13 can cross-examine on his understanding. I will

14 take what the law requires from citation to legal

15 reference. I think that solves the problem.

16 A Okay. In uranium mills in the state of

17 Colorado, as well as in other agreement states and

18 also in the states that are regulated by the NRC,

19 we are required to maintain the dose to our

20 employees as low as reasonably achievable, called

21 ALARA. And as far as the Pinon Ridge Mill goes,

22 our goal would be 100 millirem per year as a

23 maximum for our employees. We can't always meet

24 that.

25 I know that at some mills, they're seeing



148

1 maximums maybe in the 200 to 300 millirem per year

2 range, but we would like to have a goal of 100

3 millirem per year. And you can see that's probably

4 about 25 percent of the natural dose that a person

5 living in this area might receive.

6 As far as the public goes, the

7 regulations are even more restrictive. We are

8 allowed 100 millirem per year at our property line.

9 That includes radon. But the State of Colorado has

10 required us, as far as the standard, that you are

11 also -- the standard is 10 millirem per year

12 excluding radon for the nearest resident. But the

13 State of Colorado, in their review, interpreted the

14 nearest residence could be at our property line.

15 So we made sure we met this standard right at our

16 fencepost going around our site. And, again,

17 that's excluding radon.

18 And the nearest actual resident based on

19 modeling was, I believe, 2 to 3 miles from us,

20 received according to the modeling, MILDOS-AREA

21 modeling, a half a millirem per year. Again,

22 compare that back to the background level of 450.

23 We are required to provide closure and

24 financial insurance. I would like to point out one

25 thing before I talk about that. There has been



149

1 some talk that the government has cleaned up all

2 these sites that the companies operated. And you

3 need to understand that our federal government ran

4 basically -- they authorized those mills and they

5 were responsible for the earlier mills.

6 So when they set up the regulation --

7 when they realized they had a problem that they

8 needed to clean up, the federal government and also

9 the states, to a lesser extent, took responsibility

10 for cleaning up the old mill sites. The new mill

11 sites and the transitioning mill sites have all

12 been paid for by the companies involved, such as

13 Cotter.

14 And we have certainly -- from our point

15 of view, we are responsible for all closure and

16 reclamation at this site. We have included plans

17 on how the mill will be decommissioned, how the

18 site will be reclaimed. We've provided detailed

19 designs of the tailings cover. We have to commit

20 these reclamation and closure monies prior to

21 operation. And we also -- in our cost estimate, we

22 assume that the state government would administer

23 completion of the work by a third-party contractor.

24 So we actually costed out a third-party contractor

25 to be in there to do both the management and the



150

1 closure.

2 The bond amount is based on the

3 worst-case scenarios for the initial five years of

4 operation. I also want to point out that, under

5 state law, the bond amount is looked at annually

6 and adjusted as necessary to reflect current site

7 conditions.

8 Q (By Ms. Lucas) Frank, before you go on, I

9 just want to clarify. You said that the money must

10 be committed prior to commissioning operation.

11 Your slide says construction.

12 A Well, in the case of our particular mill

13 site, CDPHE required us to post the bond prior to

14 each phase of construction for the next phase. So

15 you are right. Technically, it was prior to

16 construction, and there was a very small amount at

17 the very end that you would do prior to the actual

18 operation, but most of it was prior to

19 construction.

20 I think this was previously mentioned.

21 We submitted our license application in November of

22 '09. It consisted of 15, on average, 4-inch

23 volumes. That's 5 feet from about here to here.

24 There was an environmental report that formed part

25 of the application that summarized the project and



151

1 the baseline studies and then looked at impacts and

2 mitigation and monitoring measures. This

3 environmental report was almost 500 pages long just

4 by itself, which kind of gives you an idea of how

5 big the license application was. And then this

6 part from here to here were our response to

7 comments to the State's technical questions.

8 And this is pretty much a setup for --

9 leaves us ready to do our -- the later direct exam.

10 But CDPHE's licensing requirements are found in the

11 Colorado Code of Regulations. Part 3 and Part 18

12 are the areas that we address, and Appendix A to

13 Part 18 is a very important component of Part 18,

14 as far as what we look at as far as siting. It's

15 how we sited the mill and protected the

16 environment.

17 MS. LUCAS: At this point, Your

18 Honor, since we have lunchtime duties, as I

19 understand it, perhaps it would be a convenient

20 time to break, work on our lunchtime duties, and

21 then come back for direct exam of Mr. Filas.

22 THE HEARING OFFICER: You are

23 referring to the examination of these arguably

24 privileged documents?

25 MS. LUCAS: That's right.



152

1 THE HEARING OFFICER: That's fine.

2 Not to ask mundane questions, but do you know when

3 somebody is expected -- I understand that, for

4 those of you in the back of the room, there is

5 somebody who is planning to be here at lunchtime

6 and make -- commercially serve lunch.

7 MR. MOORE: Your Honor, I can speak

8 to that. I had spoken to a local gentleman about

9 barbecue and he said, yeah, he might come by and

10 sell some lunch.

11 THE HEARING OFFICER: Whether he is

12 or isn't, we don't know?

13 MR. MOORE: I don't know.

14 THE HEARING OFFICER: Okay. So it's

15 not definitive. And I understand there is a

16 facility, a restaurant, in Nucla that's open for

17 lunch. And then there's the drive-in, I assume,

18 open in Naturita. I'm making an assumption, having

19 on the 15th been through the experience of not

20 always finding things open when one anticipated it.

21 You are on your own. Enough said.

22 DR. GROSSMAN: Can I ask Mr. Filas a

23 question?

24 THE HEARING OFFICER: There is going

25 to be an opportunity -- is it mechanical? If you



153

1 want to cross-examine him, we'll do that after they

2 finish their direct.

3 DR. GROSSMAN: No. It's just a --


5 DR. GROSSMAN: Do you understand

6 that this is what was presented to you as what you

7 needed to do to make this application, these three

8 things?

9 MR. FILAS: That, and we obviously

10 looked at NRC guidance too. There was some more

11 recent draft guidance out by the NRC, 2008, that

12 went into more detail as to what they would like to

13 see in a license application. And the State --

14 CDPHE uses that guidance also in their reviews. I

15 believe so anyway. You'd have to look at that.

16 DR. GROSSMAN: But this is what

17 CDPHE presented to you as what was necessary to

18 make an application?

19 MR. FILAS: Yes.

20 THE HEARING OFFICER: Let's be in

21 recess. We will resume the public part of this

22 hearing at 1:00. It is now 11:30, by my watch, and

23 I will undertake to look at -- do I need to read

24 the priority issues you raised before we get back

25 together and talk about it? Is that the quickest



154

1 way?

2 MR. STILLS: I presume Energy Fuels

3 has provided you those documents and a new index,

4 as you requested.

5 MS. LUCAS: We have those for you,

6 Your Honor. We can walk them over right now.

7 THE HEARING OFFICER: Okay. Let's

8 recess the public hearing. And then I will have a

9 conversation with counsel about how to deal with

10 what I have got to deal with in camera. So let's

11 take five minutes and come back with the lawyers

12 and figure out what we're doing.

13 (Recess taken, 11:28 to 11:38 a.m.)

14 THE HEARING OFFICER: I have a

15 revised privilege log from Energy Fuels, which it

16 lists 111 documents, if I anticipate correctly. I

17 have a disc with those 111 documents on it. I have

18 your motion for discovery of each of these

19 documents, and I have an obligation to undertake an

20 in-camera review of the documents and then address

21 the propriety of an assertion of the claim of

22 privilege. That's my understanding of the charge I

23 have at the moment.

24 Let's talk about the mechanics of that.

25 I assume I can just sit -- these are either



155

1 asserted as attorney-client privilege or work

2 product privilege. I can look at it and make a

3 determination, line by line, this is privileged,

4 this one isn't. I assume that's what we are

5 contemplating.

6 Mr. Stills is that...

7 MR. STILLS: I have not been on your

8 side of the in-camera process, but that's my

9 understanding of it.

10 THE HEARING OFFICER: Okay. Does

11 anybody have any different read on what I'm

12 supposed to do here? I mean, obviously, that's

13 going to take me a while. I'm just going to have

14 to sit here and plug away at it. My thought is to

15 let you guys go get some lunch. I will go get my

16 box of crackers out of the car, absent showing up

17 of the barbecue man, and I'll sit here and plug

18 away at it.

19 MR. PARSONS: Hillary, our client,

20 brought some food. We are happy to bring some in.

21 THE HEARING OFFICER: Oh, I'm fine.

22 I brought a package of cheese and crackers in the

23 car. I'm fine. I anticipated that probably I

24 would end up working through lunch.

25 MR. STILLS: We provided you our



156

1 priorities. I think you will see...

2 THE HEARING OFFICER: And I have

3 your in-camera priority filing, and so I'll look at

4 that first.

5 MR. STILLS: And if I have any

6 issues, I will raise them.

7 THE HEARING OFFICER: And that's

8 exactly what I look for. Okay. We will go off the

9 record.

10 (Lunch recess, 11:40 to 1:04.)

11 THE HEARING OFFICER: For the

12 record, I have examined -- I have undertaken to

13 begin the privilege review that was contemplated by

14 the order I entered on November 5th and have, to

15 this point, three documents I'm going to ask be

16 transmitted to Mr. Stills and Mr. Parsons -- and we

17 are locked up technologically about how to do that

18 for the moment, but we'll get there -- one of which

19 they have waived the privilege on, based on our

20 conversations; two of which I have concluded are

21 internal memos that were internal within Energy

22 Fuels to be sent independent of the fact they were

23 ultimately sent to an attorney.

24 And then I have a number that are

25 sustained, but I want to get -- somewhere during



157

1 the course of the afternoon, we will get the ones

2 that are to be conveyed conveyed. And then I will

3 continue the review exercise at some point and make

4 a specific record saying the privilege is sustained

5 as to this list, not sustained as to that list.

6 But you are going to get them piecemeal as I get to

7 go through this, and I don't know what else I can

8 do about that.

9 And if you need to call Mr. Filas back to

10 ask him more questions -- or anybody else -- you

11 will have to call him back to ask more questions.

12 MR. STILLS: How far are you through

13 percentage-wise? Just ballpark.

14 THE HEARING OFFICER: Maybe 15

15 percent. You know, it's going to be a lot quicker

16 if I sit down this evening and crank my way through

17 it.

18 MR. STILLS: I'm just trying to get

19 some ballpark idea.

20 THE HEARING OFFICER: So I have

21 looked at maybe 12, 15 documents so far.

22 MS. LUCAS: Your Honor, I'm up and

23 ready.

24 MR. SPAANSTRA: Can we do a little

25 business a second before we do that?



158

1 THE HEARING OFFICER: Yeah.

2 MR. SPAANSTRA: Travis and I did not

3 get together over lunch, but I have got a couple of

4 scheduling issues I would like to raise.


6 MR. SPAANSTRA: Given Dr. Grossman's

7 expansive opening statement this morning, we would

8 like to have our air nuke modeler, Dr. Craig

9 Little, who was on, Travis, your "may-call" list to

10 come down and be a reply witness. It would be a

11 reply expert on our nickel. And he's only

12 available on Thursday or Friday. But, obviously,

13 to have something to reply to, we would like to

14 schedule Dr. Grossman's testimony tomorrow, if we

15 could fit that in. And that would give SMA a

16 chance to get at another Kleinfelder expert.

17 MR. STILLS: Who is this person you

18 are talking about?

19 MR. SPAANSTRA: Dr. Craig Little.

20 He was the air rad...

21 MR. FILAS: He did our MILDOS-AREA

22 modeling.

23 MR. STILLS: I guess in light of

24 some of the back and forth we have had as far as

25 the requirements that Energy Fuels is imposing on



159

1 us, which we don't think are appropriate for us to

2 have to bring in Energy Fuels to sit for cross, and

3 since this proposal sounds like the next

4 announcement of an expert that is kind of being

5 bootstrapped and brought in the side door as a

6 rebuttal witness instead of an expert on direct, I

7 do have a problem going straight to a stipulation.

8 If we were working in a manner where

9 there had been some give and take on some of these

10 things, as far as costs and discussion, I might be

11 more amenable to it. But at this point, I have got

12 to say that changing that schedule, for us -- we

13 are going to have to think about it and get back to

14 you. I can't run through all the days where our

15 experts are going to be. Ours are here. We

16 are going to be ready to go, and I can't hold up

17 their time anymore.

18 So I can't give you a hard answer right

19 now. But like I said, there may be some issues

20 that if you are willing to give on, we are willing

21 to give on. But as we are standing here, I don't

22 know that we're in a position to do that. But we

23 can talk at a break.

24 THE HEARING OFFICER: I don't think

25 I want to put myself in the middle of your



160

1 negotiations with each other, if I can avoid it. I

2 got enough trouble without scheduling your

3 witnesses.

4 Let's get Mr. Filas on the stand; let him

5 go a bit further. When we take the afternoon

6 break, I will ask you guys to talk about it. If

7 you can't resolve it, I will resolve it and I'll

8 impose things, but we'll go from that point

9 forward.

10 Okay. Mr. Filas, you have already been

11 sworn, so the floor is yours -- or maybe it is your

12 lawyer's. I'm not sure whose.

13 DIRECT EXAMINATION OF FRANK FILAS CONTINUED

14 BY MS. LUCAS:

15 Q Welcome back. Frank, you have walked us

16 through an overview of the project and the

17 application. Now I would like to get into some

18 more detail, particularly on the application and

19 its logistics and its components. Let's start with

20 the logistics.

21 You had an overview in your presentation

22 about Energy Fuels as a company, and I would like

23 to know if you could tell us more about Energy

24 Fuels in terms of its capability to see this

25 project through.



161

1 A Okay. Well, let me tell you a little bit

2 more about Energy Fuels. Energy Fuels Resources

3 Corporation was basically started in late 2005 by

4 George Glasier, who is a local rancher here in the

5 Nucla area. George was also involved heavily in

6 uranium mining and milling back in the '80s with a

7 company called Energy Fuels Nuclear. And, hence,

8 that's where the name Energy Fuels Resources came

9 from.

10 George, when he decided to start a new

11 company, he went and hired many of his old

12 acquaintances, who were senior people in the

13 industry, including Steve Antony, our current

14 president and CEO.

15 We acquired properties in the area. It

16 was my job to permit those properties. I joined in

17 early 2006, and we permitted the Rolin Mine and

18 upgraded the permits on the Energy Queen Mine near

19 La Sal, the Whirlwind Mines located up near

20 Gateway.

21 We had difficulty at that time trying to

22 get a contract with what was International Uranium

23 at that time. They became Denison Mines U.S.A. So

24 we started to permit a new mill. We had some

25 pretty experienced people, both on the engineering



162

1 design and on the permitting side, working for us

2 on that.

3 It's an interesting story because Energy

4 Fuels Nuclear was a very vibrant company at one

5 time. It was sold to Oren Benton in 1994, I

6 believe. And then Mr. Benton who had large

7 financial interests -- and a lot of you may

8 remember him as one of the original owners of the

9 Colorado Rockies. He went bankrupt in '95, and

10 Energy Fuels Nuclear got drawn into that

11 bankruptcy, obviously.

12 It continued to operate throughout that

13 period, though. And ultimately investors bought

14 the company, renamed it to International Uranium

15 Corporation, and then in 2006 they merged with

16 Denison Mines, became Denison Mines U.S.A. And

17 then for those who are not aware, Energy Fuels

18 Resources acquired Denison Mines U.S.A. at the end

19 of June of this year.

20 So our management, now combined, is a lot

21 of folks that started off 30, 40 years ago together

22 at Energy Fuels Nuclear. So we have very senior

23 management. We have -- our miners and supervisors

24 there are very senior, very competent; the same for

25 our people who run the White Mesa Mill. We also



163

1 have a very good health and safety department. And

2 I would like to think that our environmental

3 permitting and compliance is pretty good too.

4 So that's kind of where we have come from

5 in a nutshell. Again, we are experienced and know

6 what we are doing.

7 Q And in terms of employees right now and

8 assets that the company holds, can you give us an

9 idea of how many employees?

10 A Yeah, we have got close to 400 employees,

11 and we have got approximately 20 permitted mines.

12 Some mines are kind of together. We call them a

13 complex; but overall about 20 mines.

14 Q Thank you. So moving on, can you expand

15 a little bit from your presentation on the way that

16 Energy Fuels chose the site that's ultimately

17 selected for the Pinon Ridge Mill.

18 A Okay. We started this process in late

19 2006. We looked at four sites initially. And out

20 of those four, there was one that was physically

21 suitable and matched a lot of the criteria, and

22 that was the Slick Rock site down in San Miguel

23 County. That had originally been permitted for a

24 mill by Pioneer Nuclear back about 1980. However,

25 we felt that the political climate in San Miguel



164

1 County would make it difficult to permit a mill

2 there, so we continued to look.

3 We came up with three additional sites in

4 the Nucla and Naturita area. One overlooked the

5 south end of Naturita. We felt -- it had a number

6 of things that were wrong with it, but it was very

7 close to the town and didn't meet the NRC/CDPHE

8 criteria for remoteness.

9 We then looked at two sites in East

10 Paradox Valley. One of the sites has quite a bit

11 of drainage coming through it with some fairly

12 incised ephemeral drainages. We thought that, from

13 an erosion point of view, that site really didn't

14 meet the long-term stability requirements.

15 And then we found the -- what became the

16 Pinon Ridge site. And to be honest with you, we

17 really couldn't find anything that was -- it all

18 pretty much matched the criteria. And by that

19 time, we were about eight months into it. We even

20 had several representatives from CDPHE look at it.

21 And while they were already out there looking at

22 another site, they came by and looked at this one.

23 They couldn't find any holes in it too, so we

24 thought it was a pretty good site.

25 Q So what did you and Energy Fuels do to



165

1 prepare yourself to file the initial application

2 documents?

3 A Well, you know, we started even before we

4 found this site. I know there was two meetings in

5 2006, late 2006. I was involved in the second one.

6 I believe it was November, late November possibly.

7 Basically, CDPHE was nice enough to sit down with

8 us and walk us through their regulations and what

9 their requirements were.

10 And that also assisted us, then, when we

11 were looking for a site, we knew what we needed to

12 look for. Once we had acquired the site or about

13 the time we knew we were going to acquire it, we

14 hired on a number of consulting companies --

15 Kleinfelder, Golder Associates, and CH2M HILL -- to

16 do both the baseline studies and the environmental

17 design and the engineering design components of the

18 facility. We got them on board early.

19 After that, we knew that we had to have a

20 year of baseline studies for every aspect of the

21 site, so we started that. We had our consultants

22 on board, so we started that up almost immediately.

23 We bought the site in July, started the baseline

24 studies in August, and then we augmented them as we

25 went along.



166

1 So those are the things we did

2 originally. We did -- prior to setting up those

3 baseline studies, we met again with CDPHE and

4 reviewed what our -- what studies we had planned

5 and they commented on it. And in some cases, we

6 made those baseline studies more robust. For

7 example, we ended up with two meteorological

8 stations on site instead of one: One mainly to

9 satisfy the EPA requirements that the Air Pollution

10 Control Division was responsible for, and then one

11 to satisfy the radiation program as far as what

12 they required on meteorological stations.

13 So that's basically how we set it up. We

14 did not limit ourselves just to the site, though.

15 We looked at the entire East Paradox Valley and the

16 other valleys and areas around East Paradox Valley,

17 so we did not limit our studies.

18 Q And I think you have a slide about this,

19 showing us the 20 volumes of the application. But

20 could you talk a little bit about sort of the

21 mechanics of the application itself, what it looks

22 like, 20 volumes.

23 A Well, the initial application was 15

24 volumes. And I think one was a three and one was a

25 five, but on average, 4 inches each, so it was



167

1 about 5 feet thick. Most of our appendices were

2 double-sided to save space.

3 When we had met with CDPHE, they did not

4 necessarily tell us how we had to format the

5 application. They just basically said you have got

6 to address all of this. And so we chose to do it

7 in somewhat of a logical way.

8 The first parts of the application were

9 plans and designs, and that was followed by

10 baseline studies. And then we got into the mill

11 health and safety plans and risk assessments. Then

12 we did closure plans. We also included

13 applications to other agencies for their -- as a

14 courtesy for their information. And then the last

15 volume was confidential reports, mainly

16 archeological studies. So that formed our license

17 application.

18 There's an actual six- to eight-page form

19 that goes in the front that has some information,

20 but most of it was held in those documents that

21 were attached to it. And then plus I think a very

22 key component of that license application is the

23 environmental report.

24 Now, this is the environmental report

25 that we -- as the project proponent, we prepared



168

1 that environmental report with the assistance of

2 our consultants in which we summarize our baseline

3 studies, our plans for the project, and then the

4 impacts are assessed, and mitigation and monitoring

5 are also assessed in there. So the environmental

6 report was a big part of that license application.

7 And for those of you folks who have a

8 hard time sifting through all the paper, the

9 environmental report is really a good place to

10 start as far as getting a handle on the entire

11 project.

12 Q And how did you know what to put into

13 your initial application documents, these volumes?

14 A Well, we basically followed the regs up

15 here that we had been walked through by CDPHE

16 earlier on. We also looked at the NRC's 2008 draft

17 regulatory guide, DG 3024, standard format and

18 content of license applications for conventional

19 uranium mills. And we actually provided a

20 cross-reference index at the front of the license

21 application that cross-referenced back to that NRC

22 standard guide.

23 Q And that was -- what do you consider that

24 NRC document? Is it considered a guideline?

25 A Well, in this case it was a guideline,



169

1 but it was a draft guideline and it was really the

2 only one available at that point in time.

3 MR. STILLS: I object, your Honor.

4 I think he's testifying as to the legal import of a

5 document.

6 THE HEARING OFFICER: Well, the same

7 ruling. To the extent there is a legal argument,

8 I'll hear the legal arguments from the lawyers.

9 But if the witness, in his opinion, had a reason

10 for something, he can state it.

11 MS. LUCAS: I would submit that Mr.

12 Filas is an expert in environmental permitting,

13 and, as such, he should know what documents to look

14 at and what their import is in terms of his

15 permitting job.

16 MR. STILLS: I guess, your Honor, if

17 I may?


19 MR. STILLS: Has he been offered as

20 an expert?

21 MS. LUCAS: Let me do that now. I

22 have not yet offered him as an expert.

23 MR. STILLS: Okay. Well, don't let

24 me interrupt your presentation. I just wanted to

25 be clear about where we are. So do it as you need



170

1 to do it. I'm not making any objection to that

2 right now.

3 MS. LUCAS: Okay. Good. Then we'll

4 keep going.

5 Q (By Ms. Lucas) So you followed State

6 statute and regulations, to summarize, and then

7 looked to federal guidelines --

8 A That is correct.

9 Q And who signed the application?

10 A Steve Antony, who was our executive vice

11 president and chief operating officer at that time.

12 Of course, he is now our president and CEO. And

13 Steve Brown signed as our radiation safety officer.

14 Q What was Steve Antony's involvement in

15 actually compiling the permit application?

16 A He didn't really have that much

17 involvement, other than encourage us and pay the

18 bills, so that was about it.

19 Q Why would he be the person that would

20 sign the document?

21 A Because it requires an officer of the

22 company to sign it, and Steve was obviously

23 qualified to do it.

24 Q So after you provided the initial

25 application documents to CDPHE, what kind of



171

1 involvement did you have with the agency at that

2 time?

3 A Well, after we submitted the application

4 to them, they reviewed it. And about 30 days

5 later, they found it complete. And that triggered

6 the requirement for us to set up and -- to public

7 meetings that we coordinated with CDPHE, and we set

8 those up -- January, I believe was in Nucla and

9 February of 2010 was in Montrose.

10 And so we had those two meetings and we

11 had an administrative law judge, a retired judge,

12 manage those hearings. I know CDPHE did say

13 something at the very beginning, basically

14 encouraged the public to give comments. I gave a

15 short presentation similar to what I did here

16 today. And then at these two meetings, we received

17 public comments over about a three-hour period,

18 both oral and written, and a transcript was taken

19 of each meeting.

20 After that, we started -- in February,

21 started receiving technical comments from CDPHE.

22 Their first review was just for completeness, I

23 might add, to make sure all the parts and pieces

24 are there. The next review is the technical review

25 where they would drill down deep, to quote one of



172

1 the reviewers for CDPHE. And basically we started

2 receiving those technical comments in February, and

3 they carried on into the fall. In all, we received

4 four pretty lengthy sets of review comments that we

5 responded to, the last in about early to

6 mid-November of 2010.

7 So there was some back and forth between

8 us and CDPHE, both in written and sometimes we

9 would have telephone calls or we would have more of

10 a meeting to discuss technical issues. So there

11 was some contact back and forth between us during

12 that time.

13 Q In your experience in other permitting

14 situations, is it usual to have continued contact

15 with an agency after an application is filed?

16 A Certainly. This is the same process used

17 by most state agencies. It is also used by most

18 federal agencies, that there is contact going back

19 and forth, especially on technical issues and how

20 to resolve them, so this is pretty common.

21 Q To your knowledge, did any other agencies

22 provide written comments and reports on the initial

23 application documents or the company's

24 environmental report?

25 A Yes. We know certain local governments



173

1 provided comments and certain agencies provided

2 comments, but we were not in the catbird seat on

3 that. That obviously was the radiation program

4 personnel for CDPHE who were requesting those

5 comments. Those that we were privy to, we knew

6 that Montrose County had -- we had to provide them

7 under the rules or law up to $50,000 to review our

8 environmental report, and they had a third party do

9 that. So we saw those sets of comments.

10 We were not -- I don't think we were

11 copied on it, but we realized that San Miguel

12 County and the Towns of Telluride and Ophir

13 provided comments and we asked for copies of those;

14 same with Sheep Mountain Alliance for that matter.

15 I think we got copies later on. We weren't aware

16 that they had been submitted until we found out

17 through other sources. And Mr. Tarlton was kind

18 enough to send those to me, those being public

19 documents.

20 We also know that Naturita and Nucla did

21 comment, also, on a number of things. And the

22 other agency -- the other agencies that I was aware

23 of, I know the State was working with the state

24 historical preservation office, but we were not

25 part of that exchange. I know that they didn't



174

1 find any real issues out there.

2 And then we worked fairly close, both us

3 and CDPHE, with the Colorado Division of Wildlife

4 to basically inform them of what was going on, what

5 our baseline conditions were. And also our -- one

6 of our consultants worked closely with them to

7 develop a habitat improvement plan to mitigate our

8 impacts on wildlife and vegetation that occurred

9 on-site.

10 Q Is that habitat improvement plan included

11 in the application documents?

12 A Yes, it was in our last response to

13 comments. And basically what we agreed to do in

14 there was that we would acquire 415 acres of

15 property or more in East Paradox Valley to mitigate

16 the 415 acres that our operation would be

17 disturbing over the life of the mill. And this

18 area is considered severe winter range for deer and

19 elk. So we were to take that area under the plan

20 and fence it off to exclude livestock and then

21 improve that habitat for wildlife, and we agreed to

22 do that.

23 And, actually, if you look at it, after

24 closure, the area disturbed would be considerably

25 less -- I think in the neighborhood of 170 acres or



175

1 less. But we agreed to make this 415 acres

2 permanent for wildlife.

3 Q Just to be clear for the record, has any

4 construction commenced at the mill site?

5 A No. At this time it's been limited to

6 monitoring systems on site. We did put in three

7 production wells, but they are also part of our

8 groundwater monitoring system.

9 MS. LUCAS: At this point, I want to

10 move on to the substance and the contents of the

11 application. And in order to do so smoothly and

12 have you testify to various aspects of that and

13 other capacities, I would like to formally offer

14 Mr. Filas as an expert in environmental permitting,

15 uranium tailings storage and reclamation,

16 reclamation bonding, and ground and surface water

17 issues.

18 MR. STILLS: That was a little fast

19 for me to write down.

20 MS. LUCAS: I'll go slower.

21 Environmental permitting, uranium

22 tailings storage and reclamation, reclamation

23 bonding, and ground and surface water issues.

24 MR. STILLS: I do think we --

25 THE HEARING OFFICER: Do you want



176

1 voir dire?

2 MR. STILLS: If that's how you'd

3 like to do it.

4 THE HEARING OFFICER: Your call.

5 MR. STILLS: We can move in numerous

6 ways here. We can do voir dire. That would be

7 fine with me. I'm ready to do that if you want.

8 MS. LUCAS: I didn't hear what you

9 said.

10 MR. STILLS: Yes, I would like to do

11 some voir dire on qualifications.


13 VOIR DIRE EXAMINATION OF FRANK FILAS

14 BY MR. STILLS:

15 Q Good afternoon, Mr. Filas. Do you have

16 something in front of you that you are reading

17 from?

18 A Yes.

19 Q What is that, please?

20 A Those are my notes to respond to her

21 questions.

22 Q Okay. I think we would like a copy of

23 those, please.

24 A Sure.

25 MR. STILLS: We can get those -- I



177

1 have got a scanner or if you have an electronic

2 copy, that would be good.

3 MS. LUCAS: I probably have an

4 electronic copy. I will check that.

5 Q (By Mr. Stills) Did you prepare those

6 notes?

7 A Yes.

8 Q With assistance from counsel?

9 A Pardon me?

10 Q With some assistance from counsel?

11 A Yes, counsel wrote the questions; I

12 answered them.

13 Q Okay. During the period through December

14 2009, what was your position with Energy Fuels?

15 A Environmental manager.

16 Q And who was your supervisor?

17 A Steve Antony.

18 Q And at that time, how many employees did

19 Energy Fuels have?

20 A I don't recall the exact number. We

21 probably had about 20.

22 Q Did you oversee any of those employees in

23 a supervisory capacity?

24 A Yes. Mr. Zack Rogers.

25 Q Anyone else?



178

1 A Just my consultants.

2 Q I'm asking about employees.

3 A No. Just Zack Rogers.

4 Q Who does Mr. Antony report to?

5 A At that time he reported to George

6 Glasier, who was the president and CEO of the

7 company at that time.

8 Q Are either of those two gentlemen here

9 today?

10 A No.

11 Q Why not?

12 MS. LUCAS: Objection. I'm not sure

13 how that pertains to Mr. Filas' qualifications as

14 an environmental permitting expert, relevance.

15 A I was not involved in making those

16 arrangements. You'll have to talk to those folks.

17 Q Did you speak to Mr. Antony about the

18 testimony you would be giving here today?

19 A Yes, he knows I'm here.

20 Q Did he review any of the notes that you

21 are to testify about?

22 A No, he did not.

23 Q Did he in any way approve what you are

24 going to testify to?

25 A No.



179

1 Q Are you here on behalf of Energy Fuels?

2 A Yes.

3 Q You are an employee of Energy Fuels?

4 A Correct.

5 Q How are you compensated for your work at

6 Energy Fuels?

7 A I'm paid every two weeks.

8 Q Hourly? Salary?

9 A At that time I was a contract employee,

10 and I was paid monthly.

11 Q By "at that time," what do you mean?

12 A Well, at various times I have been a

13 contract employee and at various times I have been

14 a full-time employee. Because at certain points in

15 time, I didn't want to be employed full time. I

16 wanted to be three-quarter time or something like

17 that, so whatever arrangements I wanted, usually

18 Steve was good with. But I always represented the

19 company and I basically was not representing any

20 other companies.

21 Q Is that a common way to be employed at

22 Energy Fuels?

23 A I was probably a little bit more

24 uncommon. Most of the people were full-time

25 employees.



180

1 Q Did anyone else have a similar

2 arrangement as yours?

3 A Yeah, Bob Monok.

4 MS. LUCAS: Objection. I'm not

5 seeing the relevance to Mr. Stills' --

6 THE HEARING OFFICER: Neither am I

7 yet, but let's go on with the questioning.

8 Q (By Mr. Stills) As part of your

9 compensation -- well, I guess, first, are you

10 authorized to bind or speak on behalf of Energy

11 Fuels today?

12 A Yes, I'm a full-time employee at this

13 time.

14 Q Okay. And have you received a bonus

15 payment as part of your employment for the last

16 three years?

17 A I have received bonuses.

18 MR. STILLS: I'm addressing whether

19 or not he is testifying in a capacity as a

20 straight-paid employee or if he's here on some kind

21 of arrangement for performance.

22 MS. LUCAS: Well, why don't you ask

23 him that question.

24 Q (By Mr. Stills) Have you received any

25 bonuses as part of your employment?



181

1 A Yes. I have year-end bonuses that

2 everybody receives. I have never received a bonus,

3 if that's what you are asking for --

4 Q That's what I'm asking.

5 A -- for, say, doing what I'm doing now,

6 no.

7 Q Do you receive extra compensation for

8 coming here?

9 A No.

10 Q Are you promised any increased salary or

11 bonus if this hearing is successful from the

12 point of view of Energy Fuels?

13 A No, sir.

14 Q Okay. Thank you.

15 Your training is in engineering, correct?

16 A Correct.

17 Q You don't list any training in

18 environmental permitting; is that correct?

19 A Well, I'm not aware of any environmental

20 permitting classes, but I do have a master's degree

21 in environmental science and engineering. And I

22 have spent quite a bit of the last 20 years doing

23 environmental permitting.

24 Q So you are a generalist; you handle all

25 aspects of the permitting?



182

1 A That's correct.

2 Q But you are not a specialist in uranium

3 storage?

4 A Actually, to a certain extent, I am,

5 because when I worked at Canonie Environmental

6 Services, I worked on the closure of these tailings

7 impoundments. I also worked on the groundwater

8 remediation associated with them as a consultant.

9 And I did that for a period of four years.

10 Q At the Atlas site?

11 A At the Atlas site and at the Church Rock

12 mill and tailing site as well.

13 Q But in the capacity of permitting.

14 A No. In the capacity of groundwater

15 hydrology and also in tailings design and

16 reclamation.

17 Q You have no training in reclamation

18 bonding?

19 A I have some training, but it is mainly --

20 mining engineers have to estimate earthwork

21 quantities. That's part of the classes we take

22 when we get our degree. So we have to know how

23 much it costs to move dirt, how much it costs to

24 move material. So that ties in very well with

25 reclamation of mines and mills, and so I had that



183

1 initial training in school.

2 And then, obviously, in my capacity

3 working for the State of Utah, I put together quite

4 a few reclamation cost estimates. And in my

5 capacity as a permitter, we typically have to

6 provide a reclamation cost estimate to the various

7 agencies that we permit with. So I have had quite

8 a bit of experience in preparing these type of

9 estimates.

10 Q But you are not a specialist in that area

11 by any means?

12 A I don't do it every day, but I have done

13 some estimates that were pretty comprehensive.

14 Q Including the estimate for this bond?

15 A I was the supervisor of it. Bruce

16 Norquist did the estimate. He was a former

17 employee of ours. But he did it under my

18 supervision.

19 Q Did you put your engineering stamp on it?

20 A No, I did not.

21 Q Are you a hydrologist?

22 A When I worked for Canonie, I worked in

23 the hydrology department, and so that was four

24 years that we did --

25 Q Be real careful about our questions,



184

1 because, as lawyers, we try to ask specific --

2 A I do not have --

3 Q Sometimes we succeed, sometimes we don't.

4 A Okay. I do not have a degree in

5 hydrology.

6 Q But you have worked with some folks who

7 do?

8 A I worked with them, and I also did the

9 data management and the evaluations of the

10 groundwater remediation systems at that site and

11 for other non-uranium mill sites for other types of

12 contamination. I'm certainly not putting myself up

13 as an expert with 20 years of experience, but I do

14 have hands-on experience working in that area.

15 Q You have experience, okay. That we can

16 agree on.

17 MR. STILLS: Let me have a second.

18 THE HEARING OFFICER: Uh-huh.

19 MR. STILLS: I think that's what I

20 have for voir dire, Your Honor. And at this time,

21 we don't have an objection, subject to cross, of

22 course, for environmental permitting. But we do

23 object to qualification as an expert for uranium

24 storage and reclamation, reclamation bonding, and

25 ground and surface water issues.



185

1 DIRECT EXAMINATION OF FRANK FILAS CONTINUED

2 BY MS. LUCAS:

3 Q And, Mr. Filas, one other qualification

4 that I wanted to ask you about was what kind of

5 licensing you have.

6 A I have a professional engineer's license

7 in Colorado and in, I believe, five other nearby

8 states.

9 Q Okay. And in terms of your work with

10 uranium tailings storage and reclamation, how many

11 years of experience do you have working directly in

12 that area?

13 A I have worked in that area for about ten

14 years altogether, on and off. And that would

15 include both at the sites I named in New Mexico and

16 Colorado, and then also working on the Pinon Ridge

17 design.

18 Q And in terms of reclamation bonding,

19 about how many years of experience have you had

20 with reclamation?

21 A Well, again, it's not something you do

22 every day, but you do it as part of a permitting

23 project. And I have probably done cost estimates

24 for 40 different sites, as far as reclamation goes.

25 Q Okay. And how would you characterize



186

1 your expertise with ground and surface water

2 issues?

3 A Well, I did the groundwater remediation

4 reports for the Church Rock facility, which was

5 three contaminated aquifers contaminated by uranium

6 tailings releases. And I also have worked at other

7 sites, Superfund sites, doing both monitoring and

8 data management and also the evaluations for them.

9 This is sites that were contaminated with both

10 organics and with non-organics. I can't tell you

11 how many years' experience altogether, but possibly

12 in the area of six to eight years.

13 Q And were the reports and other items you

14 just mentioned regarding ground and surface water,

15 were those submitted to and reviewed by agencies?

16 A The ones at Church Rock went to the U.S.

17 Environmental Protection Agency, to the Nuclear

18 Regulatory Commission, to the State of New Mexico,

19 and also to the Navajo Superfund. Reports that --

20 I remember doing quite a few other Superfund-type

21 reports. I was, in some cases, the main author and

22 in some cases, I helped. But those typically would

23 go to the EPA. And I don't think I was involved in

24 the Atlas groundwater, just for clarification.

25 MS. LUCAS: Your Honor, based on



187

1 that, we would proffer Mr. Filas as an expert in

2 uranium tailings storage and reclamation,

3 reclamation bonding, and ground and surface water

4 issues.

5 THE HEARING OFFICER: Mr. Filas is a

6 licensed engineer who has experience, to arguable

7 degrees, in all of the areas that counsel outlined.

8 I'm not sure one qualifies as an expert in each

9 particular little subset of information. He can

10 offer his opinions. Now, those opinions are

11 subject to, A, cross-examination and, B, whatever

12 weight I choose to give them in the course of this

13 process.

14 With that limitation, go ahead.

15 MS. LUCAS: Very well. Thank you.

16 Q (By Ms. Lucas) All right. Mr. Filas, now

17 let's move on to the substance of the contents of

18 the Energy Fuels Pinon Ridge Mill application. I'm

19 starting with -- and you characterized it the

20 summary, so to speak, of the application, and a

21 good place to start would be the environmental

22 report.

23 I'm going to ask you a series of

24 questions, and I'm essentially basing them on

25 regulations that you say that Energy Fuels followed



188

1 in its application. So if I sound like I'm reading

2 from a regulation book, it's maybe because I am.

3 First, can you please tell us how the

4 environmental report was developed.

5 A Okay. In the spring of 2009, we hired

6 Edge Environmental to do the environmental report

7 for the project. We hired this company because

8 they, as a third party, had done the environmental

9 assessment for the Whirlwind Mine. They worked

10 directly for the BLM on this project, and they had

11 done a very good job and very responsive. So we

12 did hire them to do our environmental report.

13 There are not a lot of companies that

14 have that radiation experience. I thought they had

15 picked up enough on the Whirlwind and had learned

16 it well enough that they could work with our

17 technical consultants to handle that portion of it,

18 which obviously is a key part of the environmental

19 report. Plus, they were experienced in doing EISs

20 and EAs for all the other issues that normally go

21 with an EA or an EIS-level document. So we hired

22 Edge.

23 The first thing they did was then put

24 together an outline of what this environmental

25 report would look like. Now, remember, a uranium



189

1 mill had not been permitted in this country in 30

2 years and NEPA had come a long way since then, and

3 how you do the environmental reports was -- there

4 was an old document from 1982 that outlined what

5 was expected in there, and it was specific to

6 mills, but it was a little outdated. There was a

7 newer document, I think in 2003, that would

8 generally lay out how this environmental report was

9 supposed to be handled.

10 So we took that general outline and then

11 Edge incorporated those other things from the older

12 document that were still pertinent and relevant in

13 the regulations. And they put together that

14 outline and we met with CDPHE, they reviewed it and

15 provided comments and suggested some changes, and

16 basically that's how we structured that

17 environmental report going forward.

18 Later on, we did talk to others who had

19 been doing environmental reports for ISRs and we

20 added a kind of overlay of the three components of

21 the project, which was construction, operations,

22 and reclamation. So that overlaid the entire

23 environmental report, so we talked about all three

24 areas.

25 Once we had an outline going forward,



190

1 Edge basically -- they met with us as the proponent

2 to know how the project laid out, and then they met

3 with our technical consultants on each of the

4 issues to better understand them. And then they

5 put together -- you know, based on that, they took

6 our baseline studies and summarized them. And in

7 some cases, they augmented them where they thought

8 that they needed a little more information. They

9 also put together a project description.

10 And then they evaluated the impacts, they

11 evaluated the mitigation proposals that we had, and

12 in some cases they augmented them, too, at their

13 suggestion. They said maybe this might be better.

14 And then they prepared the cumulative impact

15 assessment also that went with that. So that's how

16 the environmental report came into being.

17 Q Okay. How -- about how long is that

18 report? How many pages?

19 A I think it's about 470 pages, in that

20 neighborhood.

21 Q And is there -- does it have a table of

22 contents or...

23 A Well, here's basically how it was laid

24 out. We had an introduction, which included a

25 purpose and need. It also included a history of



191

1 the area as far as mining went, which goes back

2 over 100 years. We then looked at alternatives

3 that -- the two primary alternatives were the

4 no-action alternative and the proposed action.

5 Other alternatives were considered but not analyzed

6 in detail, and that was also included in there.

7 The affected environment was Chapter 3.

8 Chapter 4 was the environmental impacts, mitigation

9 and monitoring. Chapter 5 was a summary of

10 impacts, which was basically a large 11-by-17,

11 multiple-page table that summarized all of the

12 impacts. And, again, there was a cumulative impact

13 analysis, and then there was a cost-benefit

14 analysis that was required by CDPHE.

15 Q Well, let's walk through, then, the

16 environmental report contents and the statutory and

17 regulatory requirements of the report.

18 Can you please point or describe where

19 and how the environmental report identifies the

20 types of classified material to be received,

21 stored, processed, or disposed of.

22 A Yes, I can do that, but before I do, I

23 would like to point out that these regulations that

24 you are quoting from now were not in effect when we

25 submitted our license application. These were



192

1 relatively new changes to the regulations. With

2 that said, though, I think we met those

3 regulations, even though it was kind of before our

4 time, so to speak.

5 As far as the classified material, that's

6 pretty much described in our project description in

7 Section 2.2 of the ER. We take sandstone ores from

8 the area that have both uranium and vanadium in it.

9 We process those ores to produce uranium oxide or

10 yellowcake and we also produce vanadium oxide. And

11 then the 11e(2) byproduct waste materials, the

12 raffinate, and the tailings are the waste products

13 from that processing system.

14 Q Can you tell us where and how the

15 environmental report presents a representative

16 presentation of the physical, chemical, and

17 radiological properties of the type of classified

18 material to be received, stored, processed --

19 A Yeah. In the environmental report,

20 Section 2.2 will basically describe it in layman's

21 terms. Section 4.12, which is waste management,

22 describes them in -- the waste materials in a

23 little bit more detail.

24 However, again, the environmental report

25 is meant to be read by the layman, so the details



193

1 on all of these materials can be found in the

2 material containment plan within the -- one of the

3 documents that went with the license application.

4 Q Can you tell us where in the license

5 application the material containment plan is?

6 A The material containment plan is in

7 Volume 12.

8 Q And what are you looking at there?

9 A This is the table of contents for our

10 license application.

11 Q Next, where and how does the

12 environmental report present an evaluation of the

13 short-term and long-range environmental impacts of

14 the actions of the mill?

15 A In Section 4, we looked at all these

16 categories as far as both impacts, mitigation, and

17 monitoring. They included land use,

18 transportation, geology and soils, water resources,

19 ecological resources, air quality, noise, historic

20 and cultural resources, visual scenic resources,

21 socioeconomics, public and occupational health, and

22 waste management.

23 Q Okay. And it was asked to evaluate the

24 impacts. What were the impacts?

25 A Well, again, this section was 140 pages,



194

1 so yes, there is a lot of impacts associated with a

2 mill. So basically I would like to talk about some

3 of the primary impacts that came out of that study.

4 One is, as has been alluded to, we do

5 have increased vehicle traffic. We have ore trucks

6 on average for a 500-ton-per-day mill. If you

7 assume nominally about 25 tons per truck, you are

8 looking at about 20 trucks. But if they only go on

9 weekdays, maybe closer to 30 trucks. You also have

10 trucks carrying reagents. You have people who work

11 at the mill, commuting to and from the mill.

12 So you do increase the vehicle traffic.

13 However, the study showed that the highway system

14 was adequate to handle the increased capacity. And

15 I think, as was mentioned, we did agree with CDOT

16 to put in a turn lane and widen the road in that

17 area of access to the mills to try to avoid any

18 accidents in that area.

19 Q How about other impacts?

20 A Okay. The impacts to air, surface water,

21 and groundwater, again, this is a very good site.

22 And we have some pretty robust controls in place,

23 plus a monitoring system. So basically the impacts

24 that came out of those areas were relatively small

25 in the environmental report. There were no impacts



195

1 to cultural resources. There are a few sites that

2 were up higher on the mesa above our site that are

3 part of our property that were determined to be

4 possibly eligible for the National Register of

5 Historic Places, but we could easily avoid those

6 and plan to.

7 We also have a plan in place so that

8 during construction, if we do encounter cultural

9 resources, we'll have a qualified archeologist out

10 there to make sure that everything is handled

11 appropriately and in accordance with law.

12 As far as -- there was 415 acres affected

13 temporarily and 158 acres permanently by the mill.

14 The 415 acres was the operating area of the mill

15 where elk and deer and other wildlife would be

16 excluded during operations. The 158 acres was the

17 final closure of the tailings area, and that would

18 be excluded from most wildlife permanently.

19 And then in order -- later on, we were

20 able to mitigate that. We agreed in the

21 environmental report that we'd do this and we did.

22 We put together a habitat improvement plan, as I

23 previously discussed, to mitigate that loss of

24 severe winter range.

25 The report also pointed out that there



196

1 was substantial socioeconomic benefits that could

2 be -- that could come out of this for the West End

3 of Montrose County and eastern Utah. For example,

4 we would have 85 employees, most hired from the

5 local area, for the mill itself. We saw another

6 200 jobs for miners and probably another 20 to 30

7 for truck drivers delivering ore. So that was all

8 good.

9 However, the socioeconomic report, I

10 think, was also -- it definitely looked at the

11 negative impacts. And I think the biggest negative

12 impacts would occur during construction when you'd

13 have up to 200 people on-site and a lot of them

14 somewhat transitory, coming through to build

15 specialized pieces of equipment. So there would be

16 some stress on the system there, both in terms of

17 housing and maybe medical facilities and that type

18 of thing. So we did address socioeconomics, and I

19 think we did that in a relatively unbiased manner.

20 Q Please explain where and how the

21 environmental report presents an assessment of the

22 radiological and non-radiological impacts to public

23 health from the proposed activities.

24 A Well, Section 4.11 is the public and

25 occupational health section, and the



197

1 non-radiological impacts that were assessed in

2 there included the potential for accidents and the

3 exposure to chemical reagents, fuels, feedstocks in

4 process and waste streams. The non-radiological

5 impacts were considered probably the most serious

6 in many ways, because if you are working at a

7 facility like this where you have large equipment

8 where you have both acids and caustics stored, you

9 have flammable products, there is a potential in

10 any type of facility like this for accidents to

11 occur.

12 As part of the radiological impacts, they

13 went through the various control measures that were

14 in place. And obviously, you know, they looked at

15 the exposures that would be received under

16 different circumstances. Obviously, our workers

17 would receive the highest levels; but, again, those

18 levels are much lower than historic levels and are

19 not that much more incremental to background

20 levels. And, of course, they looked at public

21 exposure levels as well, and those were also very

22 low.

23 Q And how were the non-radiological impacts

24 or others addressed?

25 A In the ER, they basically listed what



198

1 might occur. Later on in the license application,

2 we did a risk assessment and looked at those

3 scenarios in more detail. In fact, you know, some

4 of the materials that had been put together for the

5 original license application fed into that

6 environmental report as well. But we looked at it

7 in more detail during the review process later on.

8 Q Are there plans in place to address any

9 likely effects?

10 A There are. Let's see if I can find it.

11 No, I can't find it right now. Maybe we can come

12 back to that when we talk about the license

13 application.

14 Q All right. But the plans are in the

15 license application?

16 A Yeah, we have emergency response plans.

17 We have a huge mill, and the health and safety plan

18 addresses both mine safety and health

19 administration requirements and the radiation

20 program's requirements. We have -- so, yes, we

21 have a substantial number of health and safety

22 plans and contingency plans in place.

23 Q Where and how does the environmental

24 report present any facility-related impacts on any

25 waterway and groundwater from the proposed



199

1 activities?

2 A Okay. That would be in the water

3 resources section, Section 4.4. Again, under our

4 site -- most of the site does not have any

5 groundwater within the first 3,000 feet of the

6 surface, because we are underlaid by a huge salt

7 bed. The very south end of the site does have some

8 groundwater at 450 feet.

9 The bottom line is is that the tailings,

10 the liners, and the secondary containment on the

11 mill are all designed to prevent impacts to even a

12 shallow aquifer, if it existed. But this is a very

13 good site, so we don't see much potential for it,

14 especially with all the additional control measures

15 we have in place.

16 Also, it looked at surface water, and we

17 do not have any perennial surface water near the

18 site. The nearest is the Dolores River, which is

19 over seven miles away, so very little potential for

20 impact.

21 THE HEARING OFFICER: Ms. Lucas,

22 where is, in the record I have, the environmental

23 assessment that you are referring to that was

24 prepared by Energy Fuels? I assume it is in these

25 DVDs.



200

1 MS. LUCAS: Yes, the environmental

2 report is at...

3 THE HEARING OFFICER: I'm just kind

4 of looking -- when I sit down and try to put all

5 this together and write something, I would kind of

6 like to know where I find it.

7 MS. LUCAS: It's in the record of

8 the DVDs, and I can tell you more specifically -- I

9 thought I had it written down.

10 DR. GROSSMAN: Which DVD is it?

11 MS. LUCAS: It's from the first --

12 Part 1 of the five DVD set that was handed out, I

13 believe it was October 15th.

14 DR. GROSSMAN: Is this the one

15 entitled Bates stamped record?

16 MS. LUCAS: Yes. It's 2011 CD

17 861-12-2-2011, Bates stamped record. It says Copy

18 No. 2, then that's marked through and it says Part

19 1. It's on that DVD. It is -- when you open that

20 DVD, there is a list of folders. And I believe one

21 of the folders is -- each folder is labeled disc

22 something and then a title. Unfortunately, I'm

23 sorry to say I didn't write down which disc it's

24 on, but it's one of those discs and should be

25 available.



201

1 THE HEARING OFFICER: Okay. I'm

2 sure -- I'm not quarreling that it isn't. I just

3 wanted to know where I might look for it.

4 MS. LUCAS: Oh, here it is. It's

5 DVD 1, folder disc 17. That's where the

6 environmental report is. And, of course, in the

7 hard copy, it's in its own binder, I understand.

8 MR. FILAS: Right. It's right there

9 in front of you.

10 THE HEARING OFFICER: I want to

11 repeat a conversation I had. Ten days ago, you and

12 I had a conversation about your producing hard

13 copies of all these documents, or was it Ms. Lee

14 that I had the conversation with?

15 MS. LUCAS: I believe you had it

16 with me.

17 THE HEARING OFFICER: And I said,

18 No, I would try to deal with them electronically.

19 So I specifically declined to get 20 volumes of

20 paper.

21 MR. STILLS: Thank you. You

22 anticipated my question --

23 THE HEARING OFFICER: So I didn't

24 ask for it. I said, no, I'll live with the ones I

25 have, but they were offered.



202

1 MR. STILLS: Yes, I saw the e-mail,

2 Your Honor.

3 THE HEARING OFFICER: And I said, No

4 thanks, I'll live with it electronically, so that's

5 why I'm asking.

6 DR. GROSSMAN: Excuse me. May I ask

7 a question?

8 THE HEARING OFFICER: Yeah.

9 DR. GROSSMAN: When I went looking

10 for these documents, this Chapter 4 had been

11 forwarded to me by a colleague. I didn't know

12 where it was from, and the colleague didn't know

13 where it was from either. He just had it.

14 Just now I went and looked at the website

15 for the CDPHE, and that -- they have lists of

16 things that are available. They have the 2010

17 documents, which this is -- they have these so

18 nicely set up. It was in there somewhere, and I

19 couldn't find it.

20 MR. FILAS: It was with the license

21 application. It's part of the license application,

22 which is 2009.

23 DR. GROSSMAN: See, that isn't

24 specifically posted, at least where I couldn't see

25 it. License decision 2011, 2010, but not 2009.



203

1 MS. LUCAS: There is a link on the

2 website, the CDPHE website, that's called license

3 application and documents on that same page.

4 DR. GROSSMAN: What I'm trying to

5 highlight here is how confusing it is for an honest

6 and sincere citizen to get into this thing and

7 figure out what's going on. And I was unaware -- I

8 knew there was this ER, the environmental report,

9 that Energy Fuels had put out. And then I was

10 advised that there was another report, another

11 energy impact report, EIA I think, and that's what

12 we are talking about right now.

13 THE HEARING OFFICER: No. I think

14 we are talking about the ER.

15 DR. GROSSMAN: The ER, okay. So

16 see --

17 THE HEARING OFFICER: As I

18 understand it, the EIA is something that CDPHE

19 undertook.

20 DR. GROSSMAN: And where is that?

21 MR. TARLTON: I don't know what page

22 you are on, but it's on the website. If you go to

23 the website for Energy Fuels -- I think you are too

24 far down in the system.

25 DR. GROSSMAN: Okay. I'm just



204

1 saying that I'm trying to figure this out, and I'm

2 having a little bit of a problem. That's all.

3 MR. FILAS: Well, Doctor, I might

4 point out that in the first two required public

5 meetings, we pointed out that the environmental

6 report, just as I was saying today, is where you

7 really want to start. And I know you are coming in

8 late, but there certainly was -- we certainly got

9 the word out to the folks at the very front end of

10 this process. And I apologize if you're coming in

11 late. I realize there's a lot of documents. It's

12 a huge license application, but it has to be to

13 address all the issues.

14 DR. GROSSMAN: I understand that.

15 MS. LUCAS: And, also, I would like

16 to point out for other members of the public that

17 might be interested, there is a phone number on the

18 notice of this hearing that was published in

19 August, I believe, that gave a phone number to

20 CDPHE for people who had questions.

21 THE HEARING OFFICER: Well, let

22 me -- Mr. Stills, in his motion practice, has

23 raised a host of issues about what is the

24 application, where is the application, how does one

25 look at the application. I think I'm fairly



205

1 characterizing what you gave to me.

2 MR. STILLS: I believe that's a fair

3 characterization.

4 THE HEARING OFFICER: You need to --

5 to some extent, I come from the school that you

6 want to look at something, you go to the public

7 library because that's where somebody filed it,

8 because we didn't do all this hocus-pocus with

9 machinery. I don't deny that it's confusing. I

10 would hate to attribute it to my age, Dr. Grossman,

11 which is probably similar to yours, but I

12 appreciate the point. So let's go on with the

13 witness.

14 I think we have had a whole -- there is a

15 remaining residual issue that I think I have to

16 deal with about the adequacy of the information as

17 it flowed, and it's a defined issue in the

18 materials that the lawyers gave me. And I will

19 have to address it at the end of the day, I think.

20 So you left it as an issue; it's stated as an issue

21 in your materials. You, Mr. Stills, just to make

22 the record clear.

23 MR. STILLS: Yes, Your Honor, and I

24 appreciate your raising it.

25 THE HEARING OFFICER: So I think I



206

1 have got to deal with it at some point down the

2 road, so...

3 MS. LUCAS: And just for the record,

4 there are hard copies of the environmental report

5 at the Nucla Library and Montrose...

6 MR. FILAS: Montrose Planning

7 Department.

8 THE HEARING OFFICER: Mr. Stills was

9 going to go to the Nucla Library, but I haven't

10 heard yet as to whether he would have an argument

11 about what's there and what isn't there. That may

12 be yet another argument.

13 MR. STILLS: Your Honor, if we have

14 a few days, to occupy our time --

15 THE HEARING OFFICER: Somehow I

16 anticipated the argument.

17 MR. FILAS: Before we move on, I

18 would also say as far as -- you know, I discussed

19 water quality or water impacts. The environmental

20 report did point out, though, that the aquifer was

21 not a large aquifer and there was a potential for

22 depletion in there.

23 And, of course, that -- for those of you

24 who have been with this project as long as I have,

25 that was a primary concern of Montrose County



207

1 during the special use permit application. So we

2 agreed to put in observation wells around our

3 production wells, and we also agreed to monitor our

4 neighbors' wells and mitigate any effects, should

5 they ever occur. We felt it very unlikely because

6 these wells were three to five miles away, and we

7 thought well beyond the range of influence for our

8 production wells. But that is something that we

9 did and was discussed in the ER.

10 Q (By Ms. Lucas) And in terms of one more

11 aspect of water we heard a little bit about this

12 morning in opening statements was water quantity.

13 Does the ER address water quantity?

14 A Right. CH2M HILL, who did our process

15 design, they had estimated the water quantity for a

16 1,000-gallon-per-day mill, and then we asked them

17 to revise that number for 500. And basically for

18 1,000, it was nominally close to 300 gallons a

19 minute; and for a 500-ton-per-day mill, it was 141

20 gallons per minute of processed water and 3 gallons

21 per minute of potable water for the rest rooms and

22 showers and stuff.

23 Q Okay. And just to clarify, earlier you

24 said 1,000 gallons per day, but you meant 1,000

25 tons per day?



208

1 A 1,000 tons per day mill, yes.

2 Q Does Energy Fuels have adequate water

3 supply for its currently designed mill?

4 A Our consulting hydrologist estimated that

5 our aquifer could produce between 100 and 175

6 gallons per minute, so we got the water rights for

7 the 175 gallons per minute because you always go

8 the maximum. But we knew the 100 gallons per

9 minute might not let us process at the full rate of

10 500 tons per day. So we contracted with the towns

11 here to purchase additional water, and one of the

12 construction companies also that supplies water to

13 the oil fields also said that they could supply us

14 with additional water, if necessary, to make up the

15 difference.

16 Q Okay. And just to be clear, this

17 discussion of water quantity that we're having

18 right now, is that something that's a requirement

19 for the radiological -- radioactive material

20 license?

21 A Not necessarily. That's not really in

22 their purview unless a shortage of water could

23 cause us, then, to be out of compliance with our

24 license.

25 MS. LUCAS: Okay. And, actually, we



209

1 have a copy of the water rights decree that was

2 just finalized in the last week or two. I would

3 like to introduce that as an exhibit that wasn't

4 previously on our exhibit list.


6 MS. LUCAS: I brought hard copies,

7 but maybe what I can do is give the Court the hard

8 copies and counsel will accept e-mail later or...

9 MR. STILLS: Yeah, I will accept

10 e-mail later. I think that's how we talked about

11 doing it. Since this is something that's coming in

12 with an expert, I think some background documents

13 might be sought to go with that. I think bringing

14 that in right now is...

15 MS. LUCAS: It's intended just to

16 show that we have a decree for particular water

17 rights for use at the moment --

18 THE HEARING OFFICER: This is a

19 final order from a judicial decree. I think

20 anybody can bring any portion of the file from the

21 decree if they want to make it a part of the record

22 in this proceeding. Is that what you're referring

23 to?

24 MR. STILLS: There may be documents

25 that are in Energy Fuels' possession concerning the



210

1 effectiveness of that decree that we do not have

2 access to that I would like an opportunity to ask

3 for, very specific documents. I would like to do

4 it tonight or tomorrow. I think I can get that

5 request in. If there is an objection, we can

6 handle it on a break or however you'd like to

7 handle it.

8 THE HEARING OFFICER: You know, I

9 have no exhibit numbering system, in light of the

10 fact we're doing a lot of this electronically. I

11 have 1 through 8 from Sheep Mountain Alliance in

12 their earlier filing, and I think Mr. Sandler

13 numbered some of the stuff he gave me.

14 MS. LUCAS: I guess we will make

15 this 2.

16 THE HEARING OFFICER: And all of

17 this record is 1? Okay.

18 (Energy Fuels Exhibit 2 was admitted.)

19 MS. LUCAS: And I would like to

20 point out for the record also that Sheep Mountain

21 Alliance was an objector in this water case, so

22 this is not something that's a new issue with them.

23 This is simply a matter of showing the water decree

24 issue.




211

1 DR. GROSSMAN: Your Honor, could I

2 ask Mr. Filas a question?

3 THE HEARING OFFICER: On cross. Let

4 her finish and then all of you get to ask. I think

5 we're going to be here a while.

6 MS. LUCAS: I think so.

7 Q (By Ms. Lucas) We'll keep moving.

8 Where and how does the environmental

9 report present an analysis of the environmental,

10 economic, social, technical and other benefits of

11 the proposed activities -- basically a cost benefit

12 analysis? Is there a cost benefit analysis?

13 A Cost benefit analysis was in Section 7 of

14 the ER.

15 Q Okay. And that -- by cost benefit, I

16 just want to clarify, is not simply -- it looks at

17 environmental -- under the regulations, it's

18 supposed to look at environmental, economic,

19 social, and technical costs, not simply --

20 A Yeah. Again, as we discussed here, you

21 can see these sections. These things that you

22 listed out were examined in quite a bit of detail

23 here in Section 4 as well.

24 Q Okay. Were there any other alternatives

25 examined by the environmental report?



212

1 A Right. We looked at -- again, we looked

2 at site alternatives and those were discussed, each

3 of the ones we looked at. Again, you know, it

4 really came down to really one site meeting the

5 criteria that we thought was permittable. So we

6 looked at them but then discarded them.

7 We also looked at processing

8 alternatives. In certain parts of the country, you

9 can do an in-situ leach where you don't even have

10 to mine it mechanically, but you can leach it

11 underground. Our ore here is mainly above the

12 water table, which automatically precludes it, plus

13 it is such a tight formation that you couldn't get

14 water through it anyway to leach it. So that was

15 off the table.

16 We looked also at heap leaches. But,

17 again, that was another problem where the ore is so

18 fine-grained, how do you leach it unless you put it

19 in a mill and mechanically agitate it.

20 And finally we looked at an alkaline

21 leach as a possibility, but actually we know from

22 experience and history that the salt-wash ores are

23 much more amenable to an acid leach; whereas some

24 of the ores that have more limestone in it that are

25 further west in Utah would be more amenable to an



213

1 alkaline leach.

2 So we looked at those alternatives, but

3 there was no obvious alternative to the mill other

4 than the no-action alternative which was studied.

5 Q There is a requirement under the

6 regulations that the applicant present in the

7 environmental report -- that is present a list of

8 all material violations of local, state, or federal

9 law at the facility since the submittal date of the

10 license application.

11 Is this applicable to Pinon Ridge?

12 A No, it is not applicable, because the

13 facility hasn't been built and hasn't operated.

14 MR. STILLS: I would like to object

15 to this specific line of questioning. She is

16 asking for a conclusion on a matter of law that I

17 don't think is appropriate for the expert to

18 address.

19 MS. LUCAS: Can I rephrase?

20 THE HEARING OFFICER: You can

21 rephrase the question.

22 Q (By Ms. Lucas) Mr. Filas, where and how

23 does the environmental report present a list of all

24 material violations of local, state, or federal law

25 at the facility since the submittal date of the



214

1 previous license application or license renewal

2 application?

3 A It does not address it because there have

4 not been, because the facility doesn't exist at

5 this point in time.

6 Q Thank you. Where and how does the

7 environmental report present a demonstration that

8 there are no outstanding material violations of any

9 state or federal statutes, compliance orders, or

10 court orders applicable to the facility, and any

11 releases giving rise to any such violations have --

12 A Again, the same answer to the previous

13 question. The facility doesn't exist, so there is

14 no -- it is not addressed in this document.

15 Q Where and how does the environmental

16 report present a demonstration that the operator,

17 after a good-faith review of the facility and its

18 operations, is not aware of any current license

19 violation at the facility?

20 A Same answer to the previous question.

21 Q And where and how does the environmental

22 report present a demonstration that there are no

23 current releases to the air, ground, surface water,

24 or groundwater that exceed permitted limits?

25 A Same answer to the previous question.



215

1 But I will add one thing here. Sheep Mountain

2 Alliance and perhaps others have noticed that some

3 of the constituents in the groundwater, including

4 uranium, are elevated compared to state drinking

5 water standards and have speculated that that

6 possibly could be existing contamination possibly

7 from mines in the area.

8 However, we found -- we did offsite

9 monitoring of all the wells except one. We

10 couldn't get permission from one owner who was

11 absent. But we did offsite monitoring of all the

12 wells in East Paradox Valley stretching over 15

13 miles, and they all had very similar water quality

14 with elevated uranium concentrations and others.

15 And so it was concluded in the ER that

16 these were background conditions. CDPHE also

17 concurred with us that these are background

18 conditions. And when permit limits are ultimately

19 set, site-specific permit limits are ultimately set

20 for the site by CDPHE, the background levels will

21 be taken into account when they set those

22 standards.

23 Q And will the rad division of CDPHE set

24 those standards?

25 A Yes, they will. And I might add, you



216

1 know, we are right in the middle of the Uravan

2 mineral belt zone, so having water with high levels

3 of certain constituents in it is pretty common in a

4 highly mineralized area.

5 Q Finally, where and how does the

6 environmental report present a demonstration that

7 there are no conditions existing at the facility

8 that would prevent the DOE's receipt of title to

9 the facility pursuant to the Federal Atomic Energy

10 Act?

11 A Let me explain this for the folks here

12 that aren't familiar with how -- what happens when

13 a site is reclaimed. When we close down a site and

14 reclaim it, we have to prove to the State -- in

15 this case, State of Colorado -- that this site is

16 stable.

17 Once they agree it is stable, then both

18 the NRC -- the NRC has to also agree the site is

19 stable, and then it can be either transferred to

20 the State or the Department of Energy. But it

21 typically goes to the Department of Energy legacy

22 program. So we have got to make sure that the site

23 is stable and will not require ongoing maintenance

24 for long-term care by them. And we do provide the

25 money for those folks to do the long-term care. In



217

1 this case, though, it's an entirely moot point

2 because there is no 11e(2) byproduct waste material

3 on the site at this point in time. But when it

4 does happen, that will be the process.

5 Q Finally, finally, where and how does the

6 environmental report present a list of all

7 necessary permits and any changes to local land use

8 ordinance that are needed to construct or operate

9 the facility?

10 A Well, Section 1.4 of the ER provides a

11 list of the permits that we are required to get.

12 We also -- in Volumes 13 and 14 of the license

13 application, we submitted the applications we had

14 previously submitted to other agencies. And we did

15 that as a courtesy to the radiation program so they

16 could see the other permits that we were working on

17 as well.

18 Q That gets us through the environmental

19 report. Thank you.

20 THE HEARING OFFICER: Do you want to

21 take a break?

22 MS. LUCAS: I think this is probably

23 a good time for a break.

24 THE HEARING OFFICER: Okay. Let's

25 take ten minutes.



218

1 (Recess taken, 2:25 to 2:53 p.m.)

2 THE HEARING OFFICER: The floor is

3 yours.

4 MS. LUCAS: We have just gone

5 through the environmental report in a fair amount

6 of detail. I would like to move now to the

7 application documents. Again, it's a similar

8 framework for my questions. Frank will be going

9 through the requirements of the statute and

10 regulation and asking you to point to the record

11 where those things are -- those issues are

12 addressed.

13 Q (By Ms. Lucas) So starting with sort of

14 the lay of the land, can you please add anything to

15 the project description that you gave before and

16 identify for us where that information is found in

17 the application documents.

18 A Okay. Well, the best summary for the

19 project description, for somebody trying to come up

20 to speed, is the project description in the

21 environmental report because that puts it all

22 together in a quick summary.

23 Additional details as far as how the

24 project will operate can be found in the facility

25 operating plan and in the construction plan and we



219

1 also have a mine operations plan. We included a

2 mine operations plan not because the mines are part

3 of this permitting action but, rather, it allows us

4 to show where the transportation routes were, and

5 so the ER was able to evaluate the transportation

6 routes.

7 And there are four primary transportation

8 routes. Our mine up here by Gateway, for example,

9 would come down Highway 141 along the Dolores River

10 and then to San Miguel, turn at Highway 90 and come

11 over to Pinon Ridge Mill.

12 Our mines down in San Miguel County or

13 over in San Juan County could come up 141 also this

14 way to Naturita and then over to the mill. Also,

15 as far as coming from the Utah side, we could come

16 up from Monticello on Highway 191 and then cut over

17 on Highway 46 which then becomes Highway 90 on the

18 Colorado side to the mill.

19 And, finally, we do have some properties

20 up in this area near Green River. They are not

21 immediately on our radar, but we could come down

22 Highway 191 and, again, turn at Highway 46 and come

23 over to the mill.

24 This 191 would probably also be the major

25 corridor for reagent shipments from Salt Lake or



220

1 Phoenix. So that's where we are seeing most of our

2 traffic for ore and reagents. So that's one of the

3 things that we included in our application to make

4 it easier to assess the impacts.

5 Q Can you point where in the application

6 these -- you mentioned the facility operating plan

7 and the construction plan and the mine operation

8 plan.

9 A They are all in Volume 3.

10 Q Volume 3. Thank you.

11 A Moving on, we do have -- this shows the

12 site again. This is the same slide I showed

13 earlier. We do come in on this access road. The

14 ore pad is here, the mill is here, tailings

15 facility is here, evaporation pond's here. Again,

16 the designs for all of these aspects of the mill

17 are found in Volumes 1 and 2 of the document. And

18 let me go on to the next slide here.

19 I'm going to just reiterate what happens

20 at the mill. The last time I did this was in a

21 schematic. This is a plan view. Our ore would

22 come in here onto a truck-dumping platform and we

23 would dump over a retaining wall. A front-end

24 loader would then take this ore to whatever

25 stockpile is appropriate. We'd probably have six



221

1 to ten stockpiles here on the site.

2 The ore from each mine would go to its

3 own stockpile. That's for two reasons. The ore

4 characteristics are a little bit different for each

5 type of ore, so the mill has to change its

6 configuration slightly as far as reagents they add

7 and that sort of thing. Also, the royalties are

8 different. So each ore, you might have three or

9 four different royalties on each different type of

10 ore that you have to handle separately.

11 So this ore would come in, it would be

12 fed into a feeder here, it would come by conveyor

13 belt into this SAG mill, again where the ore is

14 ground with water in order to produce a pulp. Then

15 it is stored in these tanks here. It then goes to

16 what's called a pre-leach and then on to the leach

17 tanks here. And these leach tanks are a little

18 different than the ones they used in the old days,

19 which were largely wooden-type tanks. These are

20 either stainless steel or steel with rubber layers

21 on the inside of them so that they are pretty

22 robust. They don't have releases or spills like

23 they might have in the old days.

24 Then the -- after that, the ore goes --

25 what's left of the ore goes into these thickeners



222

1 and we get the last little bit of uranium and

2 vanadium out of them. And the barren rock ends up

3 going to the tailings area, which is out here. The

4 solution with the metals comes back through the

5 pre-leach and then goes to our solvent extraction

6 building here.

7 And, again, that's where we use organics

8 to extract first the uranium and then the vanadium.

9 The uranium solution and vanadium solution then

10 come in separately to our precipitation and

11 packaging building. And at that location, we

12 precipitate out the uranium and dry it and put it

13 into a 55-gallon drum.

14 The vanadium is also precipitated out.

15 Our recoveries on vanadium are not quite as good as

16 uranium. It's a little bit more of an art than a

17 science, but we still do pretty well extracting the

18 vanadium out. And then that goes through a fusion

19 furnace and it's packaged, again, in 55-gallon

20 drums, which are stored in this area.

21 So that's pretty much how our process

22 goes that's described in our facility operating

23 plan. And the design details, again, are in Volume

24 1 for the mill.

25 Q Is that slide also -- or the schematic on



223

1 that slide, is that in the application materials?

2 A We actually do a series of close-ups on

3 each of these in the facility operating plan, so

4 yes, it's there in detail.

5 Q Could you please describe the area and

6 site characteristics and identify for us where this

7 information is found in the application.

8 A Okay. Our baseline studies that are

9 included in the license application include

10 vegetation and wildlife, meteorological and air

11 monitoring, geology and soils, surface and

12 groundwater hydrology, and radiological studies of

13 both the soils and the biota. These baseline

14 studies may be found in Volumes 3 through 10 of our

15 license application. So they are pretty robust.

16 And, again, there is a lot of data in there as

17 well.

18 Let's move on. I'll give a brief

19 overview of each of these areas. This shows the

20 vegetation in the area. This area in green through

21 the center is grassland. This purple area here and

22 then the purple area down here at the foot of the

23 mesa is sagebrush. At one time this was probably

24 all sagebrush, but we think the rancher chained

25 this area to provide more forage for his cattle.



224

1 Up here you have a pinyon-juniper habitat, but we

2 will not be affecting that habitat. That's on the

3 mesa or side of the mesa above the mill.

4 This is what the area looks like. Again,

5 it's predominantly sagebrush. We did capture some

6 nice clouds coming down through here. You don't

7 usually have that. Usually, it's sunnier and more

8 blue skies. But you can see it's a semi-arid area.

9 Q I'm sorry. Could you go back and point

10 to us in that picture where --

11 A I believe this is looking back from the

12 west towards the mill site.

13 Q So the mill site would be approximately

14 where those clouds are --

15 A I'm thinking it's generally in that area,

16 but I could be wrong. I didn't take the picture.

17 This is our 100-foot met towers. I

18 mentioned we do have two met towers, a 100 and a

19 30-footer. The meteorological data -- and I will

20 have to read this because I can't remember all the

21 details. But we figured out that the average

22 precipitation for this area is about 13 inches and

23 the average evaporation is 66 inches, so definitely

24 semi-arid with a difference of 53 inches between

25 precipitation and evaporation.



225

1 The average temperature is about 69

2 degrees Fahrenheit. July temperatures typically

3 range from 43 to 96 degrees, while January is

4 typically 15 to 60 degrees Fahrenheit.

5 The wind at the shorter met tower that is

6 located here in the center of the valley has a

7 typical valley flow. And by that, I mean at night

8 it flows a little bit down towards Bedrock at a

9 relatively slow or stable rate, and then in the day

10 we have a little higher winds and they blow from

11 west to east.

12 This particular tower here that is

13 located closer to the mesa, we actually see wind

14 coming off the mesa and blowing more toward the

15 center of the valley or northward. Wind speeds

16 generally average between 4 and 8 miles per hour,

17 but we did have maximum wind gusts of 40 to 60

18 miles an hour, especially during the spring period

19 when they tended to be higher.

20 I think that's about it for meteorology.

21 I don't know that anybody really wants me to go

22 into more detail, but we certainly have volumes of

23 data if you care to investigate that further.

24 As far as the geology goes of this

25 valley, it's pretty unusual. It's got the name



226

1 Paradox Valley because there is no river running

2 through the center of East Paradox Valley anyway,

3 and the Dolores River cuts crossways, or 90 degrees

4 through the valley, so that's how it got its name

5 Paradox Valley.

6 The reason that this valley exists is

7 because it was formed by the collapse of a salt

8 anticline. Millions of years ago, a salt anticline

9 pushed through here. This is what remains of the

10 salt, but it pushed up like this and formed what's

11 a dome or an anticline. And this material that was

12 on top of it pushed up also. And then over time,

13 this all eroded out. The salt is more erodable,

14 and, of course, those materials, after they got

15 uplifted, were more susceptible to erosion.

16 This also created faults here along the

17 side. These are block faults. They were not

18 formed by seismic events. They were formed by the

19 gradual erosion of the salt material here, and then

20 this material collapsed.

21 We did look at these faults. Obviously,

22 we were concerned about them. During our

23 investigation, we found that they had not moved in

24 over a million years. Again, this is a very, very

25 slow process going on here, and it was not a



227

1 seismic type of event that created it.

2 One of the things about it is that since

3 a river didn't form this valley, all we have here

4 is this ephemeral drainage coming through called

5 East Paradox Creek. And it only runs a few days

6 out of the year, after large snowmelt events or

7 after storm events.

8 And above us, we have a minimal hydraulic

9 catchment area up here, and we don't have that much

10 water coming through the site. There is a site

11 over here that we looked it. It has a much larger

12 catchment area and much larger drainages coming

13 through it.

14 So from a surface-water point of view,

15 this was pretty easy to control the surface water

16 that might enter the site. It was easy to divert

17 it around the site. And whatever would eventually

18 fall on our site was designed to be contained

19 totally on site and be a zero-discharge area.

20 This also shows our groundwater sampling

21 locations. You can see all of our monitoring and

22 production wells in this area. Over here are --

23 these three blue ones are neighbors' wells. I

24 believe there were some neighbor wells in this area

25 here, too, but we couldn't get permission to sample



228

1 those.

2 And then finally, there were some down

3 closer to the Dolores River and there was also a

4 spring there that we've been sampling. And as I

5 mentioned earlier, the groundwater quality in all

6 of these wells and in our wells on site is all very

7 similar as far as concentrations of different

8 constituents.

9 Q Thank you.

10 You've already testified a little bit of

11 the summary of the radiological and

12 non-radiological impacts in the environmental

13 report. Can you please describe those impacts of

14 the proposed project and where the description is

15 in more detail in the application documents.

16 A Okay. Some of these have been revised

17 since they were originally submitted in the

18 application, but all of our plans for health and

19 safety and environmental protection are located in

20 Volumes 11 and 12 of our application.

21 Q Where are the revisions found?

22 A The revisions are in the response to

23 comments. And I put a date here for each of them

24 so you can see what time frame these were submitted

25 in. And, again, when you submit an application



229

1 that's this large, you are not -- and when they do

2 a technical review, there is going to be concerns

3 and issues that have to be rectified. So it's a

4 normal process to revise these plans. And this

5 is -- if we were doing this with the NRC, it would

6 be the very same thing. We would be revising these

7 plans to answer their questions and concerns.

8 So, again, all of these were in the

9 original application, and we included the mill

10 health and safety plan that looks at both

11 radiological and non-radiological procedures that

12 are to be used to prevent accidents or exposures

13 and meet the regulations of both the Radiation

14 Program and the Mine Safety and Health

15 Administration, who also regulates us.

16 The second document here, estimate of

17 radiation doses to member of the public, that is

18 the MILDOS-AREA model that you spoke of that

19 Dr. Craig Little put together for us. And in that,

20 he measured the doses that would be received on our

21 property, at our property boundary, at our nearest

22 neighbors, and then at the various towns and cities

23 as you go further out. And we actually extended

24 the radius that's required so we would include

25 Telluride, just so that people understood what



230

1 those impacts would be.

2 There's a radiological exposure pathways

3 report, and that was kind of the basis for our risk

4 assessment that followed where we looked at various

5 potential types of accidents, both the smaller,

6 more frequent type of accidents that you have might

7 have at a mill; and then a more severe impact from,

8 say, a wildfire or an explosion or something like

9 that.

10 We also put together -- there is no sense

11 in recognizing you have a problem if you don't have

12 an answer, so we put together an emergency response

13 plan to deal, in general, with these type of

14 incidents so people knew how to react.

15 We have an operational monitoring plan

16 that shows how we propose to monitor groundwater,

17 surface water, air -- you name it -- soils,

18 vegetation, wildlife, once this mill was up and

19 running. Of course, the State will ultimately want

20 additional details on some of this. For example,

21 on our groundwater monitoring plan and surface

22 water monitoring plan, they've already put in

23 conditions that they want additional details later

24 on in the permitting process.

25 We also have a material containment plan.



231

1 That outlines what each of these materials -- the

2 chemical and physical characteristics of each of

3 these reagents, process solutions, and other

4 materials that are kept on site. It outlines the

5 various characteristics of those and how they

6 should be contained and how spills or releases

7 should be handled.

8 And, finally, we have a spill prevention

9 control and countermeasure plan for our oil

10 products on-site. But, again, these are all found

11 in sections -- Volumes 11 and 12 of the license

12 application.

13 Q And the revisions in the --

14 A The revisions are in those responses that

15 have those dates.

16 Q When you provided revisions, did you

17 provide entirely new plans or did you provide

18 updates to the plans of the application document?

19 A Most of the time we provided updates, and

20 we provided typically both a redline version and a

21 clean version, and so we tried to make the review a

22 little easier that way for everybody.

23 I know there were some plans that we

24 provided that were entirely new as part of response

25 to comments, like we had a foundation design plan



232

1 that we put together early on in the review

2 process, and that was an entirely new plan that

3 would naturally go in with the design plans.

4 Q What does the application say about

5 waterway and groundwater impacts?

6 A Well, basically -- maybe I'm jumping the

7 gun on this one, but we have control systems in

8 place to prevent groundwater impacts, and your mill

9 area has secondary containment on pipes, on catch

10 basins, and throughout the building. So if a tank

11 has a spill or it has a breach, then that solution

12 would be contained within the concrete area of the

13 secondary containment of the mill, same with pipes.

14 As far as our tailings impoundment and

15 evaporation ponds, they would have this liner

16 system that's shown here in schematic. Basically,

17 we have a primary liner consisting of a 60-mil

18 HDPE, or high-density polyethylene liner, and right

19 below it is HDPE geonet or drainage geo-composite.

20 This is called our leak collection and recovery

21 system. And below that is another 60-mil secondary

22 HDPE liner. And below that is what's called a

23 geo-synthetic clay liner, or GCL liner, on a

24 compacted subgrade.

25 The GCL liner is a combination of clay



233

1 sandwiched in a plastic container, and it has the

2 advantages of both a synthetic liner and a clay

3 liner. And if you ever did get seepage down there,

4 the clay would swell and be less permeable.

5 All these liners were tested to make sure

6 that they were compatible with the characteristics

7 of the tailings solution. And the big advantage of

8 this system here, which is required by the EPA and

9 NRC -- this is actually an equivalent one to the

10 one they require -- is that you have this leak

11 collection and recovery system here under the

12 primary liner.

13 So if you have seepage coming through the

14 primary liner, it will be captured in that

15 collection recovery system where it will be

16 diverted to a sump and pumped out. That keeps the

17 hydraulic pressure on this secondary liner as low

18 as possible. And, of course, you still have the

19 GCL underneath that.

20 Now, the GCL and the compacted subgrade,

21 we showed in our plans that it was even better than

22 the clay liner specified by the EPA and the NRC.

23 So we think this is a superior liner system here,

24 and that will prevent groundwater impacts from

25 occurring. The other thing that we already talked



234

1 about, there isn't any groundwater to speak of

2 under most of the site.

3 Q Two follow-up questions to that: First

4 of all, I thought I heard you mention a

5 60-millimeter number, and I see 1.5 millimeters up

6 there. Could you clarify --

7 A That's millimeters and the other was mil.

8 Different units. Commonly in the industry, we'd

9 call it 60 mil.

10 Q Okay. What's a mil versus the --

11 A I don't know. It's like the garbage --

12 well, you can do the math. Sixty versus one and a

13 half, but I think like the trash bags are 2 or 3

14 mil or something like this. This is 60 mil. It's

15 pretty thick.

16 Q Okay.

17 A It's just --

18 Q A different measurement.

19 A Yeah.

20 Q Okay. And a question about the waterways

21 application, what does the application say about

22 surface water impacts?

23 A Well, as far as surface water, again, we

24 will divert water around into the natural drainages

25 that are already there. And, again, the Dolores



235

1 River is seven miles away, so even if we had a

2 release on the surface, it wouldn't -- and these

3 are mainly below-grade facilities. This solution

4 would not make it to the river.

5 The other thing that's important to know

6 under the rules that we work with now -- it's not

7 like the old mill where maybe you had a release and

8 then you just covered it over with gravel because

9 it was kind of muddy. Now if we have a release, we

10 have to notify these folks right away. We have to

11 clean it up and then we have to monitor it

12 afterwards or sample it afterwards to verify that

13 we cleaned it up. So if there is a release, it's

14 not like it's going to sit there and migrate down

15 through the ground and continue on over time.

16 Q And when you are talking about release,

17 you are talking about a release of surface water

18 from the footprint of the mill site?

19 A Well, in this case, it would be a release

20 of solution or something like that. You would have

21 to have a damaged liner.

22 But as far as storm water goes, this

23 facility is designed for the maximum probable

24 precipitation event. And the storm water ponds

25 have a little bit more capacity than a 100-year



236

1 storm event, but their overflows go to the

2 evaporation pond, which will handle the maximum

3 probable precipitation event, which is pretty

4 large. And we have all that excess capacity, so we

5 don't think we are going to have releases from

6 storm water or large storm events.

7 Q Okay. Where in the application is this

8 type of thing discussed?

9 A It's discussed in the tailings cell

10 design report, the evaporation pond design report,

11 site drainage analysis. These are all found

12 typically in Volumes 1 and 2 of the application.

13 Q You had started down the road of tailings

14 disposal, and that seems like a good place to

15 continue.

16 So the question is: Could you please

17 describe the plan for tailings disposal and

18 decommissioning and where this plan can be found in

19 the application?

20 A Yeah, I thought I might have jumped ahead

21 a little bit there. So I've already described --

22 let's see if I can get this to work again.

23 I have already described the tailings

24 liner system. We'll also have a liner, a GCL,

25 under the ore pad as well. But as far as closure



237

1 of the tailings cell, here's kind of an

2 introduction to it.

3 You have the tailings here in orange.

4 And once a tailings cell reaches capacity, we put

5 an interim soil cover over the top of it at first.

6 This prevents dust and limits the radon coming off

7 of that cell during that period of time. It also

8 allows for the cell to gradually dewater.

9 We do have an under drain here that's on

10 top of the primary liner here so we can pump out

11 water gradually and dewater and consolidate those

12 tailings. Once it's dewatered sufficiently, we put

13 a radon barrier over it and then an erosion flash

14 evapotranspiration cover over the top of this

15 facility. And I will show that in a little bit

16 more detail in this next slide.

17 Here you have your tailings on the

18 bottom. You have your interim soil cover that you

19 put in just temporarily. It stays there, but it's

20 there to take care of the situation until you get

21 more consolidation. Then you put this radon

22 barrier. It can be a clay liner. In our case,

23 it's not quite that fine-grained, so we have a

24 pretty thick radon barrier proposed.

25 Then there is a capillary break and



238

1 filter layer, which is designed to capture any

2 precipitation percolating down, and then there is a

3 bio-intrusion layer on top of that. That's a soil

4 layer with large cobbles in it designed to prevent

5 burrowing animals from digging down into your cover

6 and compromising it. And then there is an erosion

7 barrier and vegetative cover on the very top here.

8 Several -- based on CDPHE's comments, we

9 made several late changes on this in September of

10 2010. We incorporated another liner here. I think

11 it was an HDPE liner right here. And we changed

12 this filter layer capillary break based on guidance

13 from them. And, again, that was just based on the

14 latest methods that were being proposed by the NRC

15 and the Department of Energy.

16 And then we increased the thickness of

17 this soil layer substantially. There is also some

18 rock in the very top layer, but it's still designed

19 to grow vegetation, which we think is a large

20 improvement over some of the older closure covers

21 which were just covered with rock. It's kind of

22 nice, in our mind, to have vegetation over the top.

23 It also -- the vegetation promotes this

24 evapotranspiration, so the vegetation uses the

25 water rather than allowing the water to filter down



239

1 into -- possibly lower down into the cover.

2 Q And where would we find the revised

3 closure cover designs?

4 A The closure cover designs, along with the

5 decommissioning plan and the reclamation cost

6 estimates, are all in Volume 13 of the license

7 application.

8 Q And you mentioned a September 2010

9 update?

10 A Right. The tailings cell closure design

11 report was updated in September of 2010, and it is

12 found in the response to comments of that date.

13 Q You talked about the tailings cell

14 design, and I would like -- could you go into a

15 little more detail about the design of the tailings

16 cells.

17 A Okay. The tailings cells are probably on

18 the average 80 percent below grade, and they do

19 bottom out near the bedrock interface. We really

20 couldn't make them much deeper from a practical

21 point of view.

22 So in order to limit the amount of land

23 area that would be disturbed, we decided to build

24 about 20 percent of that -- of the tailings

25 impoundment above ground. But in our mind, a



240

1 20-foot embankment is nothing like the 100-foot

2 embankments that we used to see on historic

3 tailings impoundments. Also, at 20 feet, it's

4 still easy to get your soil cover on there and keep

5 your slopes relatively gradual.

6 So we thought this was a reasonable

7 compromise, and it also provided a balanced cut and

8 fill for the soil. The soil we excavated would

9 then be used for the engineered cover over the top.

10 The big advantage of this system, again,

11 was we could confine our tailings impoundments to

12 about 90 acres and 150 acres during closure,

13 because the cover will come out from the sides;

14 whereas if we went with a totally below-grade

15 disposal, we would be disturbing a lot more land

16 and would require more tailings cells.

17 I might add, these closure covers --

18 again, almost all of them are ten to one as

19 required in the criteria that CDPHE has. We do

20 have some five-to-one slopes in some areas, but

21 they are reinforced with rock cover.

22 Q And how will the tailings cells, once in

23 place -- what responsibility does Energy Fuels

24 have -- or will Energy Fuels have regarding

25 inspections and that kind of thing?



241

1 A Well, we have to inspect those tailings

2 impoundments and evaporation ponds once a day.

3 That's required in our operational plan. We have

4 committed to inspecting them every shift. It just

5 makes sense. You've got people out there; you'd

6 might as well inspect them.

7 If we ever had a release from them, the

8 standard license that's given out here in Colorado

9 requires to immediately notify CDPHE, or even if we

10 anticipate we might have a problem, we have to

11 notify the State right away.

12 Q We heard earlier expressed deep concern

13 about expected environmental effects from

14 accidents. Can you please describe the expected

15 environmental effects of accidents and where a

16 discussion of this can be found in the application.

17 A Well, the accidents are discussed in the

18 risk analysis. And, again, that was updated in

19 November of 2010. I don't think I have a slide on

20 this. Let's see. No, I don't. Sorry about that.

21 Anyway, as far as accidents go, we do

22 discuss them in the risk assessment and go into

23 some detail on the accidents and exposures, both

24 during normal and unusual operating circumstances

25 or during accidents. So the risk assessment is a



242

1 primary location for that.

2 But, as I mentioned earlier, we do have

3 emergency response plans and health and safety

4 plans in place that are designed to minimize the

5 occurrence of those accidents and allow us to

6 respond in an efficient manner if they should

7 occur.

8 Q Okay. And there was a reference to some

9 pretty major environmental disasters related to

10 nuclear facilities in opening statements. Is there

11 a black swan type event that could cause damage on

12 the level of Chernobyl or Fukushima?

13 A Not to that level. Basically, our main

14 concerns on-site -- if we, for example, had a fire

15 or an explosion -- would be -- we do have flammable

16 products, we have propane, we have kerosene that we

17 use in our process. We have acids and we have

18 caustic reagents. So those are our major concern.

19 I think the thing to remember and I think

20 I mentioned this earlier in my initial presentation

21 is that 99.3 percent of the uranium that we mine is

22 uranium 238. It has a very long half-life. It has

23 no use for fuel rods or anything like that because

24 it is not that radioactive. So you only have that

25 .7 percent that's uranium 235. So this is



243

1 classified as low-level radioactivity.

2 So if you had an explosion, for example,

3 and some of this process solution was volatilized

4 and went into the air, the impacts would probably

5 be just within East Paradox Valley and wouldn't be

6 that large. We are not dealing with a high-level

7 radiation incident like what could occur at a power

8 plant, especially a poorly designed power plant

9 that was poorly operated. But I won't say any more

10 about that.

11 Q And the risk assessment, that would

12 address the types of accidents that you just

13 discussed?

14 A Yeah. Typically, what the risk

15 assessment -- you know, you can't go through every

16 scenario that would happen, so it tried to find the

17 scenarios and look at some of the worst-case

18 situations. And they obviously looked at

19 radiation, too, as far as if there was a truck

20 accident involving yellowcake or an ore truck. But

21 I think for the most part, the more serious

22 accidents would involve chemical reagents or

23 perhaps a wildfire or something like that that --

24 rather than necessarily a radiation incident.

25 Q But you have plans in place in the



244

1 application to minimize the risks of these

2 accidents?

3 A Certainly. I'm going to skip ahead here.

4 We have a whole list of mill procedures, and these

5 procedures can be found in our health and safety

6 plan. We have administrative procedures here. We

7 have general health and safety procedures which

8 mainly address MSHA requirements, more

9 non-radiological related.

10 We have radiological health and safety

11 procedures. Again, these are all in our health and

12 safety plan. We have environmental monitoring

13 procedures that are in our environmental operating

14 plan, and we have security procedures here that are

15 in our security plan.

16 I might add that if this was an

17 application to the NRC, what we have typically

18 found out, talking to the people who are permitting

19 now with the NRC, is that they don't require all

20 these plans up front. This was required by CDPHE,

21 however, and so we did provide them. It doesn't

22 mean these are all the procedures that we'll have,

23 and it doesn't mean that these procedures will stay

24 that way once we are operating, because they will

25 be constantly reviewed and updated as necessary.



245

1 We've also provided CDPHE with additional

2 procedures, transport vehicle decontamination.

3 These are all in our facility operating plan.

4 Laboratory procedures, tailings facility operating

5 procedures, and then a series of maintenance

6 procedures. Not all of these procedures are at

7 this point final.

8 I know CDPHE still has some concerns

9 about it, but to be realistic, these procedures

10 will not be finalized until the mill is probably

11 constructed and may be in the first stages of

12 operation, because you will be looking at specific

13 pieces of equipment. These plans are all very

14 specific to the area you're working in the mill.

15 So at that time, we will update these

16 plans. And, again, they will be dynamic as

17 equipment and things change in the mill. As we

18 learn from operating the mill, these procedures

19 will be revised as necessary.

20 Q Where did the current procedures come

21 from? Did you look anywhere to get guidance on how

22 to come up with those?

23 A Quite a few of them actually came from

24 the Cotter facility, because it's an operating

25 facility that's dealt with these issues. And CDPHE



246

1 and Cotter over the years had worked together and

2 refined these procedures to be more protective of

3 health and safety, as well as more protective of

4 the environment. So they were a good starting

5 basis for us.

6 We took those procedures and tried to

7 improve them. We had -- Dr. Noel Savignac worked

8 on them. Steve Brown from SENES also worked on

9 them. Jerry Powers worked on the MSHA health and

10 safety. These are all people very familiar with

11 health and safety issues. And Zack Rogers, who

12 worked with me, was very interested in that also

13 and worked on that. We tried to make them very

14 site-specific and we tried to make them as detailed

15 as we could at this point in time of the facility.

16 But, again, until we have final design and

17 constructed, these at this point in time are just a

18 starting point.

19 Q And once you get to final design and

20 construction and you update your plan, will they --

21 do you expect to have to provide them to CDPHE for

22 review?

23 A Certainly they will be reviewing them,

24 and our radiation safety officer and mill

25 superintendent will also have to review and sign



247

1 off on these plans when they are revised. Again,

2 as I said below, this is a dynamic working

3 document, so I imagine that this is just a start.

4 Q Where can we find the facility operating

5 plan in the application?

6 A The facility operating plan is, I

7 believe, in Volume 3.

8 Q And have there been any updates to the

9 facility operating plan through the response to the

10 request for information?

11 A Yes, there has been two updates, and I

12 believe the last was October of 2010.

13 Q Continuing on talking about procedures,

14 describing procedures for the operational phase of

15 this project. The regulations require -- where in

16 the application does the -- where does the

17 application, excuse me, refer to and address the

18 requirement that all releases from the mill are to

19 be reduced to as low as reasonably achievable,

20 which is ALARA?

21 A Okay. That's mainly addressed in our

22 health and safety plan. However, ALARA is part of

23 the design of the facility. So when you are

24 looking at a standard mill facility, you don't

25 worry about radiation. But when you design a



248

1 uranium mill facility, radiation is one of the

2 things you think of. How are your people going to

3 go in and out of the facility, and they have to be

4 scanned before they come out of the facility, for

5 example. How are you going to protect them from

6 radiation and reduce those radiation levels to

7 those levels that are as low as reasonably

8 achievable.

9 So, again, it starts out in the design

10 phase, and during the design phase, we looked at

11 some of the major areas where a historic operating

12 mill would contribute to higher levels. And one of

13 them was on the very front end of the mill. A lot

14 of the older mills had crushers. Some of them even

15 had dry crushers.

16 But we went with a SAG mill. Even though

17 the SAG mill is oversized for the size of the

18 facility, it was the smallest SAG mill we could

19 get. But the idea of having it in an enclosed

20 environment mixed with water was a lot better idea

21 than having an open crusher or even a

22 semi-contained crusher with water sprays coming in.

23 This reduced our emissions quite a bit.

24 The other area was the yellowcake dryer.

25 A typical furnace or calciner was one of the major



249

1 sources of emissions from our historic mills. We

2 went with a vacuum dryer system, which is a

3 zero-discharge system. So we did that there.

4 As far as our tailings impoundments, we

5 decided to go with a conventional tailings

6 impoundment with a water cover, because water

7 covers -- either a water cover or keeping the

8 tailings saturated is a good way to reduce your

9 emissions. Again, the operating plan has water

10 sprays for also keeping dust levels down and that

11 sort of thing. Just our procedures and good

12 housekeeping also keep ALARA levels at their lowest

13 point.

14 Our monitoring devices that are specified

15 in our facility operating plan allow us to track

16 radiation levels for individuals and also

17 throughout the mill site. So all of those are

18 designed to achieve ALARA.

19 And just in case, I wanted to make this

20 point too. ALARA, as defined in the State

21 regulations -- and I'm going to excerpt it a little

22 bit -- is defined as making every reasonable effort

23 to maintain exposures to radiation as far below the

24 dose limits in these regulations as is practical,

25 consistent with the purpose for which the license



250

1 activity is undertaken. And my point --

2 MR. STILLS: If I may? I would

3 lodge an objection if he's meaning to testify that

4 they are meeting that standard, but if he is merely

5 reading the regulation --

6 THE HEARING OFFICER: I think he is

7 reading the regulation.

8 A And I'd just point out that -- so ALARA

9 is applicable to radiation. It doesn't necessarily

10 have to do with releases of hydrocarbons which has

11 been -- at one point in time was proposed by

12 others.

13 Q All right. Well, we have come to the

14 criteria in Appendix A to Regulation 18. Let's

15 walk through those to understand where and how the

16 application document has addressed the requirements

17 and objectives of this criteria.

18 They're long, so I'm going to ask in a

19 shorthand way, by and large, referencing the

20 criteria, and if you have questions about -- you

21 know, I will try to be as comprehensive as possible

22 without putting everyone straight to sleep.

23 A Okay. And I'm going to be brief too,

24 because I know some people -- the public would like

25 to speak at 4:00, so it would probably be good if I



251

1 could finish up before then.

2 Q Okay. No hurry. Be as thorough as you

3 need to be.

4 First question is: How did Energy Fuels

5 select among alternative tailings disposal sites?

6 A These are the sites that we took a close

7 look at. There is the Rio Algom site here south of

8 Lisbon. We decided there really wasn't enough

9 usable area there. It's also pretty close to the

10 La Sal area. There is a lot of trailers out in

11 this area, so we thought that it would not be

12 suitable for those reasons.

13 We looked at this site down here. Again,

14 that had been permitted 30 years previously for a

15 mill site, has some pretty good physical

16 characteristics. But, again, there was political

17 issues with that that made it difficult to permit

18 on a local level.

19 THE HEARING OFFICER: What's the

20 name of --

21 MR. FILAS: Pioneer Nuclear Mill

22 site there.

23 THE HEARING OFFICER: Okay. You

24 used the term "this site." It's hard for the

25 reporter to pick it up.



252

1 MR. FILAS: Fair enough.

2 A Okay. We looked at several sites in this

3 area initially, but they were just too small and we

4 couldn't consolidate the land packages in that

5 area.

6 Q What area are you referring to?

7 A Okay. This is the Jurida area. There's

8 a former heap leach site there where they leached

9 uranium -- where they leached old tailings is

10 actually what it was, old vanadium tailings.

11 And then we call this one the Honeywood

12 Mill site. It was above Naturita, a little bit to

13 the south and east of it. It was, again, a little

14 too close to town, and it had some other issues.

15 It had -- bedrock was very close to the surface.

16 It would have been requiring to blast rock in order

17 to put in tailings cells and other below-grade

18 facilities. We thought it was just -- wasn't real

19 workable.

20 We liked this site out here in East

21 Paradox Valley, but, again, that had a lot of

22 erosion associated with it. This one, basically,

23 was the best site of any of them we looked at from

24 a physical standpoint. Again, surface water,

25 groundwater were not likely to be impacted. It was



253

1 remote in this valley, East Paradox portion of the

2 valley. We are looking at six residences and, on

3 average, less than ten people living there, with

4 our nearest resident two miles away and our nearest

5 downwind resident three miles away.

6 It's also surrounded by uranium mines in

7 this area that have been there historically, and

8 some are posed to operate once the price of uranium

9 comes up. And it's also in the center of the

10 entire Uravan mineral belt. So it had a lot of

11 good characteristics, both from an environmental

12 point of view, health and safety point of view, and

13 from an operating point of view.

14 Q Just to clarify for the record, when you

15 are talking about this site, that's the current

16 site for the Pinon Ridge Mill?

17 A Exactly. Pinon Ridge Mill site.

18 Q When Energy Fuels was selecting among

19 alternative tailings disposal sites, how did they

20 take into account the hydrologic and other natural

21 conditions as they contribute to continued

22 immobilization and isolation of contaminants from

23 groundwater sources?

24 A Again, we looked at where the aquifers

25 were located, the groundwater aquifers, and we



254

1 looked at where the surface water was located and

2 we looked at the drainage basin contributing to the

3 area, so all of those contributed. We looked at

4 these for each of the sites. And, again, this site

5 here --

6 Q Which site where?

7 A This Pinon Ridge Mill site in green is --

8 under most of the site, there isn't groundwater.

9 And where there is usable groundwater, it's 450

10 feet down. Surface water, the nearest river is

11 right here, the Dolores River that's seven miles

12 away, so a good site as far as water resources go.

13 Q And in terms of selecting alternative --

14 between alternative tailings disposal sites, how

15 did Energy Fuels analyze the potential for

16 minimizing erosion disturbance and dispersion by

17 natural forces over the long term?

18 A Well, dispersion is probably not that big

19 of an issue for this site, to be honest with you.

20 But as far as erosion goes, again, there is a very

21 small catchment area above the mill, so there's not

22 much surface water that's going to have to come on

23 after closure that needs to be controlled -- or

24 during operations, for that matter. And, again,

25 the nearest river is seven miles away, so...



255

1 Q Are there other natural forces that could

2 cause disturbance or erosion over the long term at

3 the chosen site?

4 A Well, I guess if you are going to look

5 long term as hundreds of thousands of years, yes,

6 you could have gradual erosion of the salt dome.

7 But, otherwise, the site is very stable.

8 And, again, to show that stability, we

9 drilled holes throughout that site. We trenched

10 the area and we also did geophysical surveys

11 over -- across the entire site, so we know that we

12 didn't see any discontinuities or any capable

13 faults or anything like that.

14 Q Are those -- results of those are

15 included in the application?

16 A That's correct. It's in the geology

17 section, which makes up Volume 4.

18 Q How did Energy Fuels prioritize the

19 isolation of tailings or waste in relation to

20 short-term issues, such as minimization of

21 transportation or land acquisition costs?

22 A As I mentioned earlier --

23 MR. STILLS: I would object to that

24 as compound. I'm having a hard time following it

25 myself.



256

1 THE HEARING OFFICER: Break it in

2 half.

3 Q (By Ms. Lucas) It's a balancing question.

4 And Criteria 1C states that in the selection of

5 disposal sites, primary emphasis must be given to

6 isolation of tailings or wastes, a matter having

7 long-term impacts, as opposed to consideration only

8 of short-term convenience or benefits, such as

9 minimization of transportation or land acquisition

10 costs. While isolation of tailings will be a

11 function of both site and engineering design,

12 overriding consideration must be given to siting

13 features, given the long-term nature of the

14 tailings hazards.

15 My question centers around Energy Fuels

16 addressing Criterion 1C in its application.

17 MR. STILLS: If I may go ahead and

18 object. It's not broken in half at all. It's

19 still compound.

20 THE HEARING OFFICER: Well, she

21 rephrased it. She read the criteria and asked how

22 the witness thinks they met the criteria. I will

23 allow the question that way.

24 A As I mentioned, the first sites we looked

25 at were existing sites. We did that to minimize,



257

1 obviously, the number of sites. If we could have

2 found one that was suitable, we would have gone in

3 that direction.

4 As far as minimizing transportation,

5 really that was not our first objective. You can

6 see that these sites are spread out over a large

7 area. We were looking for the best site, and I

8 think we found the best site for isolating those

9 tailings. And then once we found that site, we

10 tried to design in such a way our tailings cells

11 and that to minimize the final footprint of the

12 waste repository.

13 Q Please describe the level of active

14 maintenance that will be required to preserve

15 conditions at the site.

16 A I don't think there will be very little

17 active maintenance required here.

18 Q I heard a double negative and I want to

19 make sure that's what you meant.

20 A Okay. Well, it's getting late for me

21 too.

22 I don't think much maintenance will be

23 required on this site. Again, we are going with a

24 very thick soil cover with vegetation on it, and we

25 incorporate a rock mulch in the top layer, as well



258

1 as rock in some of the steeper areas, not that five

2 to one is very steep at all. We think -- the way

3 it works is that once we reclaim the site, we will

4 continue to maintain the site until very little, if

5 no, maintenance is required. And only at that

6 point do we go to CDPHE and NRC and ask for a

7 transfer most likely to the Department of Energy.

8 So under the regulations, we cannot have

9 a maintenance obligation associated with this site.

10 It's to be designed for a minimum of 200 years and

11 preferentially a thousand years, so the design is

12 very, very robust, and we don't think that

13 maintenance will be required.

14 Q Thank you.

15 MS. LUCAS: And that brings us to

16 the end of Criteria 1. At this point, I would

17 perhaps suggest a break before the 4:00 public

18 comment?

19 THE HEARING OFFICER: That's fine.

20 We are going to take a recess for ten minutes. Let

21 me ask, I have a list of so far four people, one of

22 whom is Mr. Barnes, and I assume Mr. Barnes wants

23 to testify and not offer public comment.

24 If you are here and you want to offer

25 public comment, there is a bunch of sign-up sheets



259

1 on the table back there with a pen. I need your

2 name and just fill in three lines of that, anybody

3 that wants to offer oral public comment. If you

4 have previously offered written public comments, I

5 have them, but I have not circulated them very

6 effectively. And we'll try to work on that yet

7 tonight.

8 But for those of you who are here and the

9 names I have, I will probably -- Mr. Weisheit,

10 Ms. Fields, and Ms. Lee. And if there are other

11 people that would like to offer oral comments, I

12 need you to sign up on the sign-up sheet, which

13 gives me the spelling when I then go back and try

14 to write an order and say, this person testified.

15 At least I have a shot at getting your name right.

16 So we will take a brief recess. And

17 anybody else that wants to put your name on one of

18 those sheets, each sheet holds six people, so...

19 (Recess taken, 3:51 to 4:01 p.m.)

20 THE HEARING OFFICER: Okay. I have

21 sign-up sheets here from John Weisheit, Sarah

22 Fields, Carol Lee, David Glynn, and Dan Chancellor.

23 Anybody else today that wanted to make oral public

24 comments?

25 Okay. I'm going to ask you to make them



260

1 here at the microphone so we get this down. I want

2 to ask all five of you to stand, if you would, and

3 raise your right hands.

4 (Participants sworn.)

5 THE HEARING OFFICER: Okay. I'm

6 going to call your names and ask you to come up one

7 at a time. You will not be cross-examined,

8 although some of the lawyers may have questions

9 they want to ask you, just to try to clarify where

10 you're coming from and so forth.

11 Your name, sir?

12 JOHN WEISHEIT: John Weisheit.

13 THE HEARING OFFICER: Go right

14 ahead, Mr. Weisheit.

15 JOHN WEISHEIT: My name is John

16 Weisheit. It's W-E-I-S-H-E-I-T. I live in Moab,

17 Utah. I'm the conservation director of Living

18 Rivers. I'm also the Colorado River keeper, which

19 means I belong to the Water Keeper Alliance, which

20 is based in New York City. I'm also a board member

21 of the Canyon Lands Watershed Council.

22 Our concern is that we're a downstream

23 community. The Dolores River enters the Colorado

24 River 30 miles above our community. We are --

25 we're concerned about water and air, and those are



261

1 the two things I would like to address.

2 In 1935 when Hoover Dam was built, there

3 was 8-million-acre feed of surplus water in the

4 Colorado River Basin. According to the 2009 study

5 done by the Bureau of Reclamation, there is now a

6 1-million-acre-foot deficit. So what that means to

7 me is that the Colorado River doesn't have any more

8 to give.

9 The 2005 Energy Policy Act stands to

10 impact the Colorado River more than any other act

11 that Congress has passed, and this is really why we

12 are here. The 2005 Energy Act is about uranium

13 mining, tar sands mining, oil shale mining, oil and

14 gas drilling. All these things require water;

15 water that is no longer available.

16 So this is a big picture item that I want

17 the State of Colorado to look at, is that 40 years

18 ago, the Colorado River was a very different river.

19 And in 40 more years -- and I'm saying 40 years

20 because that's the life span of this particular

21 project. The Colorado River is not going to be

22 dependable. It isn't dependable now.

23 And when -- you need to look at the

24 cumulative impacts this is going to cause. This

25 isn't only about uranium milling; this is about



262

1 uranium mining. So this is going to affect Grand

2 County and San Juan County, which are part of our

3 watershed around the La Sal Mountains. So when you

4 think about the cumulative impacts of uranium

5 mining plus all the other resources that we have,

6 including tar sands and oil shale, there is a

7 cumulative impact to the Colorado River that needs

8 to be addressed.

9 And I guess what I'm asking is: I'm

10 asking Congress and the State legislatures of the

11 Seven Basin States to think about what they are

12 doing to the Colorado River in their exploits to

13 get as much energy as possible out of the Colorado

14 River Basin. So there needs to be some constraint

15 and some wisdom applied to the future and how

16 energy mining and milling will affect these things.

17 As far as air, that's another thing, as

18 we are at our limits. We don't have a lot of

19 air-monitoring equipment in this area. We need

20 more. But what we do have shows that we're about

21 to exceed our Class 1 air quality designation for

22 the national parks that surround here. Since we

23 are already nearing exceedance, it only seems to

24 think that by the time all these other cumulative

25 impacts arrive, we will have worse air quality than



263

1 we already have, not better -- not to mention the

2 dust and how that affects the Rocky Mountain

3 snowpack.

4 So those are my two major concerns that I

5 would like this hearing to address, but I realize

6 I'm going beyond the scope. I want investors to

7 know that this is not -- there is not enough water

8 here for the dreams of these folks. And also, we

9 need to start protecting the Colorado River instead

10 of hampering it any further. Thanks.

11 THE HEARING OFFICER: Ms. Fields.

12 SARAH FIELDS: I have to sit. My

13 name is Sarah Fields. I live in Moab, Utah. I

14 represent Uranium Watch. I represent the citizens

15 in Utah that will be impacted by the mining

16 operations associated with this mill, both in

17 La Sal, Lisbon Valley, and other areas.

18 First, I want to talk about why we're

19 here, and we're here because there are provisions

20 in the Atomic Energy Act that apply to licenses for

21 uranium mill operations and disposal of 11e(2)

22 byproduct material that apply specifically to NRC

23 agreement states, such as Colorado.

24 What is required in the case of licenses

25 is an opportunity, after public notice, for public



264

1 comment, for a public hearing with a transcript,

2 and an opportunity for cross-examination. There is

3 also a provision in the Atomic Energy Act, and this

4 is 42 U.S.C., Section 202103 A, C, and D. So C

5 requires for significant licenses that there be an

6 environmental assessment. It also requires that

7 that environmental assessment be available prior to

8 the public comment and hearing. It also says that

9 any major construction activity cannot take place

10 without the issuance of this environmental analysis

11 prior to public comment.

12 This provision was brought to the

13 attention of the Colorado Department of Public

14 Health and the Environment. They ignored my

15 concerns, and it was apparent that they intended to

16 issue the environmental analysis without public

17 comment and without such a hearing. I brought this

18 to the attention of the NRC and they said

19 everything was okay. This was before the

20 environmental analysis was released.

21 So the Department released the

22 environmental analysis; they provided no

23 opportunity for public comment. They only provided

24 an opportunity for a hearing to the prospective

25 licensee. I then brought it to the attention of



265

1 the NRC in the form of an allegation. The NRC

2 agreed with me and they also agreed that similar

3 allegations from the parties to this proceeding

4 were also correct.

5 However, the Department still argued with

6 the NRC, and it was not until a Colorado Court

7 issued a decision stating that there had to be such

8 a hearing and opportunity for public comment in

9 conformance with the Atomic Energy Act that such a

10 hearing was scheduled and such an opportunity for

11 public comment was provided.

12 I am very concerned about the inability

13 of the Department to implement the regulations, not

14 only the Atomic Energy Act but implement the

15 other -- the regulations having to do with uranium

16 mills, specifically when one looks at the history

17 of the regulation of the Cotter Uranium Mill. I

18 think that this body also has to take that into

19 consideration. And you have received letters and

20 will receive testimony from citizens in the

21 vicinity of the Canon City mill in that regard.

22 The Atomic Energy Act says this public

23 comment in the hearing is supposed to be about a

24 license. Such a license was issued in draft form,

25 it was issued in final form, and then it was



266

1 vacated by the Court. However, that draft license

2 exists as a draft, and it has license conditions

3 that were proposed by the Department.

4 However, the Department has removed that

5 draft license from their website, so it is not

6 readily available for the public to make comment

7 on. And Utah is also an agreement state. The

8 Division of Radiation Control, when they make a

9 proposed licensing decision related to uranium

10 mills in Utah, they issue a draft license with the

11 proposed changes in that license.

12 I do not understand why that draft

13 license is not part of the record, why it is not

14 publicly available for comment in this proceeding.

15 I will not go into my comments on that draft

16 license, but I will be submitting comments in

17 written form. But I think that it is a legitimate

18 part of this proceeding. In fact, it is one of the

19 most significant parts of this proceeding, because

20 no matter how adequate an application is, it is up

21 to the regulatory agency to establish a license

22 with proper license conditions so that the public,

23 the licensee, and the regulatory staff know what

24 they're doing. They know how the facility needs to

25 be regulated.



267

1 I will just point out one thing about the

2 environmental analysis. One of the most common

3 complaints of citizens who live in the vicinity of

4 the White Mesa Mill, when it is operating, is that

5 it stinks.

6 However, I found nothing in the

7 Department's environmental analysis -- and maybe it

8 is there and I just missed it. But thus far, I

9 found nothing related to the very unpleasant smell

10 that pervades a community. And in the case of the

11 White Mesa Mill, they live approximately four miles

12 away -- when the mill is operating and when the

13 operation is -- the winds are blowing in the

14 direction of that community, which is much of the

15 time.

16 I would like to say a little bit about

17 the economics of this situation. The proponent of

18 this mill now owns the White Mesa Mill, so they do

19 have an operating mill. They also have four

20 operating uranium mines; three are in Utah and one

21 is in northern Arizona.

22 They have announced that they are closing

23 the three operating mines in Utah. One of them

24 will be closed permanently and two of them will be

25 put on standby. They already have two mills -- two



268

1 mines on standby, so that makes at least four mines

2 on standby. Plus, they have other mines that they

3 may -- that are permitted that they may start to

4 develop.

5 Their intent is just to operate the mines

6 in northern Arizona. So for all intents and

7 purposes, the little uranium boom in Utah has

8 lasted about five or six years and it has gone

9 bust. There is no indication of when exactly any

10 of those mines, if ever, will commence operation.

11 This is an example of the uranium mining

12 and milling cycle, the boom-and-bust cycle,

13 because, of course, it has to do with the price of

14 uranium. Denison Mines got off of the mill, their

15 claims, their mines, because it was the least

16 valuable aspect of their holdings. So it is very

17 doubtful that Energy Fuels will, in the near

18 future, build a mill in the Paradox Valley. I also

19 have lived in the Paradox Valley. It is an

20 extremely beautiful place to live.

21 I think this company is fooling the local

22 people who think that this will provide jobs in the

23 near future. It does not appear that any jobs will

24 come of this project any time in the near future;

25 maybe in the next generation, if the price of



269

1 uranium goes up sufficiently to warrant the

2 investment of many millions of dollars, not only in

3 the mill but also in the development of the mines

4 in the area.

5 The only reason that Denison got started

6 again with the White Mesa Mill and maintained that

7 mill for many years is they processed the waste

8 from other mineral processing facilities called

9 alternate feed. They were paid to process this

10 material and that's what kept them alive. If it

11 were not for this feed, they would have closed down

12 many years ago. This is definitely a very unstable

13 industry.

14 And my last comment is about what happens

15 when one of the tailings impoundments ceases

16 operation. As has been described, there is a pond

17 of water on top of a mill tailings impoundment.

18 Once they have ceased operation -- that is, placing

19 the tailings into the impoundment -- they cease

20 operation and they start drying out the

21 impoundment. That means they no longer have water

22 on top of the impoundment to mitigate the release

23 of radon. They also no longer have water on top of

24 the impoundment to mitigate wind-blown tailings.

25 At that time, the NESHAP, the National



270

1 Emission Standards for Hazardous Air Pollutants,

2 that apply to active uranium mills -- and that's 40

3 CFR, Part 61, subpart W -- no longer has any force

4 and effect. So there is no standard for the

5 emission of radon during that -- the time between

6 when the impoundment no longer receives tailings

7 and the time when it dries out enough so they can

8 put an interim cover on and eventually put a

9 permanent radon barrier. And that can take

10 decades. They're already having problems at White

11 Mesa drying out existing tailings impoundments.

12 They are very hard to dry out, because the inner

13 part is like toothpaste. It's very hard to dry.

14 So for an unknown period of time, there

15 will be no mitigation of the dispersion of the

16 tailings and no mitigation of the release of radon

17 until it dries out sufficiently for the placement

18 of an interim barrier. And I'm concerned about

19 that. And I don't believe that that has been

20 thoroughly assessed by the Colorado Department of

21 Public Health and the Environment. It's an ongoing

22 issue. It's a major issue in the life cycle of any

23 uranium mill. Thank you.

24 THE HEARING OFFICER: Anybody have

25 questions? Hearing none, Carol Lee.



271

1 CAROL LEE: I'm Carol Lee and I live

2 in Telluride, but I have lived in the area for over

3 35 years, having taught school in Montrose for 17

4 years and Telluride for six years.

5 My major concern is about the children,

6 their parents, and the future generations in the

7 this whole area of Montrose and San Miguel County.

8 If there is radioactive contamination of the air

9 and water, what will it do to the children and the

10 families and future generations?

11 I also love this area for the outdoor

12 activities. I just got back from hiking the

13 Dolores River Canyon, and it's a pristine area. I

14 saw a whole herd of big horn sheep, geese, ducks.

15 And what would happen to that canyon and the water

16 if there was contamination? It is pristine. It is

17 a special place in this part of Colorado.

18 It's not what we want to leave to our

19 future generations and it is not what we want for

20 this area. Radiation is forever. It's a curse.

21 Thank you.

22 THE HEARING OFFICER: Mr. Glynn.

23 DAVID GLYNN: My name is David

24 Glynn. I live in Ophir, Colorado. I believe I

25 spoke at every single meeting that was held on



272

1 this.

2 My concern is the end product of uranium,

3 which would be nuclear power plants, atomic

4 weapons. Not many people are aware of the near

5 nuclear disaster that could have struck the Midwest

6 two summers ago. The Missouri River was at record

7 flood stages. This was due to the snowmelt from

8 the winter and the record rainfalls that were

9 happening up over that watershed.

10 There were two power plants that really

11 came close to having a Fukushima-like disaster.

12 After Fukushima, many of the proponents for nuclear

13 power said, Yeah, that was a dangerous thing, you

14 know, tsunamis. But tsunamis do not happen in the

15 middle of the country, they said. But, you know

16 what, floods do. So we had this record flood.

17 The Fort Calhoun Power Plant which sat --

18 does sit just ten miles north of Omaha and is also

19 a repository for spent fuel rods and the Cooper

20 Nuclear Power Plant, just 70 miles downstream from

21 Omaha, were affected.

22 The Fort Calhoun Power Plant, the reactor

23 floor ended up being 3 feet below floodwaters, held

24 back by an emergency temporary berm. The Cooper

25 Nuclear Power Plant was 2 feet above -- the reactor



273

1 floor was 2 feet above the floodwaters, as was

2 their emergency diesel back-up power.

3 Now, that was a close miss, you might

4 say. But also in the mix of this, what happened at

5 Fort Calhoun was because of the floodwaters. The

6 electrical power to the cooling system for the

7 spent fuel rods was knocked out by an electrical

8 fire. The cooling system was without electricity

9 for 90 minutes.

10 Now, the water, which began to overheat,

11 did not reach the boiling point, but it would have

12 if the power had not been fixed and turned back on.

13 The Fort Calhoun Nuclear Power Plant, which ended

14 up being 3 feet -- the reactor floor was 3 feet

15 below the surface of the floodwaters. As the flood

16 was rising, the berm that was in place, the earthen

17 berm, failed. That berm failed, so the floodwaters

18 started rising. It was going to inundate the

19 plant, so they put in an emergency inflatable berm,

20 inflatable with water.

21 This berm, then in place, was damaged by

22 a piece of heavy equipment. Hmm, imagine that,

23 that something could happen to the emergency berm.

24 It deflated. It had to be repaired, put back into

25 operation, which it was. Then the floodwaters



274

1 surrounded the plant. They had a causeway to walk

2 into the plant, to get back and forth. It was

3 totally surrounded. I went and saw this. I

4 visited the Midwest during this flood and I saw

5 this personally.

6 So the one plant, 2 feet above; the

7 other, 3 feet below. That's fine and dandy, I

8 guess, but they dodged that bullet.

9 However, while I was in the Midwest, I

10 lived along the Mississippi River. That's where I

11 grew up. We had a rain event in the Dubuque area

12 where it rained up to 20 inches in a five-hour

13 period, 20 inches. Now, the Mississippi, which is

14 a much bigger river than the Missouri, grows five

15 feet in 24 hours. If that storm would have let

16 loose its moisture on the other side of the state,

17 both of those nuclear power plants would have been

18 under water. The emergency berm was not high

19 enough. It was only eight feet tall. It was

20 already three feet up onto that berm.

21 The other thing is, is that floodwaters

22 of that nature carry a lot of debris in them;

23 debris that could easily puncture and ruin the

24 emergency berm. So the point is, is that just by

25 the luck of it, just by the luck of it, we avoided



275

1 a Fukushima-like disaster in the heartland of this

2 country. If that would have happened, if that

3 would have happened, we could have lost thousands

4 of miles of the most fertile, productive farmland

5 on the planet due to contamination that could have

6 resulted from this.

7 So these kinds of scenarios, these

8 possibilities that are out there, that are

9 working -- and we are only, what, 50, 60 years into

10 the nuclear age as far as power plants go? We are

11 rolling the dice. What are we rolling the dice for

12 here? So somebody can make a profit and sell their

13 uranium to the highest bidder? So that we can get

14 80 jobs? What if it was 800 jobs, 8,000, or

15 80,000? Does that justify what could have

16 happened, that almost happened two summers ago? I

17 would say not.

18 And these things are only going to lurk

19 out there. Sooner or later we are not going to be

20 able to dodge that bullet. This is the way I see

21 it.

22 Why are we, just because we can, doing

23 these kinds of things that are potentially -- and

24 you can smile if you'd like -- potentially ready to

25 ruin big parts of this planet? The Missouri River



276

1 flows into the Mississippi. This is the best

2 farmland on the planet. This would not dissipate

3 and flow out to sea; this would linger in these

4 soils.

5 And I guess certain people are okay with

6 taking these risks for their monetary gains, but I

7 say no to it. I think this is ridiculous. We need

8 to put a stop to this type of behavior. Again,

9 just because we can doesn't mean that we should.

10 Now, I have some other notes here. Also,

11 the chairman of the NRC -- I think his name is

12 George Jaczko -- he was there. He was saying not

13 to worry, that the floodwaters weren't going to

14 exceed a certain level. Well, even those

15 floodwaters on the Missouri did exceed what he said

16 they were going to do. He was being interviewed at

17 the time in the emergency power diesel generating

18 station, which was again under water in this

19 scenario.

20 Now, a couple of questions and more

21 comments here. At the meeting that was held in the

22 Montrose Pavilion, I stood in front of the Colorado

23 Department of Health and Environment Board and

24 asked them, because we had -- just prior to my

25 questioning and testimony there -- we had two



277

1 former -- or one former and the current manager for

2 the Cotter Corporation come and testify in behalf

3 of Energy Fuels, of what a great company they were

4 and how good they were.

5 Well, the Cotter Corporation, you know,

6 giving this testimony -- I don't really see their

7 strategy in doing this, because they had somewhere

8 well over 100 violations with their facility there,

9 contaminating the groundwater to an entire

10 community, the Canon City area, with their mill.

11 And one man stood up in front of the

12 panel and testified that they -- Cotter -- could

13 supply Energy Fuels with every pound of ore that

14 that mill could process. Every pound could come

15 from Cotter. They have an open-pit mine right

16 there ready to go back in operation, where

17 literally you could throw a rock from that pit onto

18 Energy Fuels' property. To me, this is extremely

19 coincidental.

20 So I asked the board to investigate the

21 ties, if any, that existed between Energy Fuels and

22 Cotter; in other words, whose application is this?

23 Is this Cotter's application being smoke-screened

24 and covered through a different company? Whose

25 application is it? This is really coincidental



278

1 that that would happen to be right there, right

2 next door to Cotter, who couldn't probably buy a

3 permit for any price if they were going under their

4 name. So what I asked is that this be investigated

5 and see whose permit is this.

6 I will ask you directly: What are your

7 ties to the Cotter Corporation? What are they?

8 MR. FILAS: Can I answer that?

9 THE HEARING OFFICER: If you wish

10 to.

11 MR. FILAS: We have no ties to

12 Cotter.

13 DAVID GLYNN: Okay. And you are

14 under oath when you say this?

15 MR. FILAS: That's correct.

16 DAVID GLYNN: No ties whatsoever?

17 MR. FILAS: That's correct.

18 DAVID GLYNN: I would still urge an

19 investigation beyond that and not just take a

20 certain individual at their word. And just see,

21 are there any? What really is going on here?

22 Because it would be a real shame to find out in the

23 end that it is Cotter.

24 But this is, again, just these specifics

25 of this particular point. I go back to my opening



279

1 statements that this whole industry is too

2 dangerous and there is too much risk. We have got

3 Fukushima that has happened. It is still going on.

4 Just because it's not on the front page does not

5 mean that that disaster is over. It is not.

6 Then there's Chernobyl. There is Three

7 Mile Island. There is the incident on the Rio

8 Puerco, the biggest uranium contamination to spill

9 in U.S. history. That goes unnoted, because it

10 happened where? On Navajo land. Out of sight, out

11 of mind.

12 Look into these things. Find out what

13 the Rio Puerco was. The Navajos used to call that

14 river, which is a dry flowing river only -- it's

15 only a flowing river in rain events these days.

16 Their name for it used to be beautiful water. Not

17 so beautiful anymore.

18 Anyway, that's what I had to say, and I

19 really hope that somebody does investigate these

20 ties, if there are ties. But, to me, it seems like

21 the industry is all in bed one with another. Thank

22 you.

23 THE HEARING OFFICER: Mr. Chancellor.

24 DAN CHANCELLOR: Hello. My name is

25 Dan Chancellor. I have lived in Colorado virtually



280

1 all of my life. In the 1950s, my father lived in a

2 house in Grand Junction that was built on uranium

3 tailings. At the age of 58, he died of a type of

4 lung cancer typically associated with exposure to

5 radioactive materials. My family now lives

6 downwind in the prevailing wind pattern of the

7 proposed Pinon Ridge Mill.

8 Now, in the face of this imminent threat,

9 will you fail again to protect me and my family?

10 In Grand Junction, the foundations of churches,

11 schools, and homes were backfilled with radioactive

12 tailings, needlessly exposing unsuspecting people

13 to premature death and ultimately costing the

14 taxpayers nearly a half a billion dollars.

15 The government agencies assigned to

16 protect us chant the same chorus saying, We didn't

17 know any better then, but we can safely manage it

18 now. I won't be around in 60 years, but I can

19 guarantee you that these same agencies will say, We

20 didn't know any better in 2012, but we can safely

21 manage it now.

22 I think that it is the height of

23 arrogance to believe that mankind can safely manage

24 and contain a substance that remains lethal for

25 800,000 years. It's equally naive for us to



281

1 believe that the CDPHE will set aside its historic

2 bias for commerce and rule to adequately protect

3 our health and our environment.

4 In light of this fact, the CDPHE will

5 most likely approve this hazardous waste site.

6 Please consider the following suggestions to help

7 mitigate these impacts: First, please do not allow

8 for alternate feed to be processed here in future

9 applications. We don't want our area, our state,

10 to become a national waste dump.

11 Second, a 15-million-dollar cleanup bond

12 will not begin to cover the cost of cleaning up

13 this mill, even under the best of circumstances.

14 For the sake of the taxpayers, please increase this

15 bond to an adequate amount.

16 Third, a major spill or accident could

17 cost the taxpayers dearly, or if the costs were

18 borne by a struggling Energy Fuels, it could throw

19 them into financial uncertainty. To avoid either

20 event, Energy Fuels should be required to post a

21 bond to cover such accidents or spills.

22 Finally, in exchange for the potential

23 damage done to our environment and our economy,

24 Energy Fuels has promised jobs. But there is no

25 certainty in the quality or the quantity of these



282

1 jobs, and there is no guarantee that a workforce

2 will not be brought in from somewhere else. If you

3 are to approve this mill and future dump site, a

4 written contract should be put in force that

5 guarantees that these jobs will go to locals, and

6 the number and the pay scale of these jobs will be

7 guaranteed in writing.

8 I'm sorry if my testimony seems cynical.

9 The historic failure of government agencies in

10 places like Grand Junction and Canon City have made

11 me this way. Once this area is established as a

12 sacrifice zone, who knows what the granting of this

13 license could lead to? I may very well be fighting

14 for my life in a nuclear nightmare where I have

15 nothing to gain and everything to lose. Thank you.

16 THE HEARING OFFICER: Is there

17 anyone else that has come in that wants to offer

18 oral public comment this afternoon? Can I get you

19 to -- come on up and then we'll -- before you

20 leave, I need you to sign up on one of these

21 sign-up sheets that's over by the door.

22 What's your name, please?

23 ANGELICA OBERSON: My name is

24 Angelica Oberson.

25 THE HEARING OFFICER: Spell your



283

1 last name.

2 ANGELICA OBERSON: O-B-E-R-S-O-N.


4 ANGELICA OBERSON: I'm a resident of

5 Nucla. I have been here most of my life. I have

6 had four generations of family here. In fact, I

7 can trace on my grandpa's side all the way back to

8 the pioneers. My grandpa was a uranium miner, so

9 was my step-grandpa. This area has lived with

10 uranium as long as we can remember.

11 And when they first started talking five

12 years ago about bringing a mill back, people got

13 excited. Because when I graduated in 1992, we

14 graduated 80 kids -- or 26 kids. I'm sorry. My

15 aunt graduated in the '80s; they graduated 80 kids.

16 This year we graduated around a dozen.

17 I have watched my area die, and I have

18 watched a lot of people come in from the outside

19 telling us what we should and what we shouldn't do,

20 and that's fine at this point. You guys are going

21 to make your decision; they've already made their

22 decisions. But it has been five years these people

23 have been waiting for jobs. Five years we've been

24 trying to keep our doors open, thinking any day now

25 those jobs are going to be here.



284

1 And the last I heard, they were probably

2 not going to come for a while. We can't make it

3 anymore. And I want everybody here to know that as

4 they've stood up against this, they have also stood

5 up against the 1,200 people here who want to

6 survive, who want to make it. And these are the

7 only people that have come in and offered us jobs.

8 If any of the people here against it had come in

9 and said they had jobs to match it, we would be

10 behind that too. But right now, this is all we've

11 got.

12 And uranium doesn't scare us. My

13 grandmother and my mother, we have all grown up

14 with it. It's something that we have learned to

15 live with here, and that's something we're willing

16 to live with again.

17 I just want the people here to remember

18 that they are keeping 1,200 people from surviving,

19 and that's really all I want them to know, is that

20 every one of you that just stood against this could

21 have brought in jobs for us, and you didn't in that

22 five years. So please remember that when you guys

23 make this decision. We are waiting, and we have

24 been waiting a long time. Thank you.

25 THE HEARING OFFICER: Anyone else?



285

1 If it doesn't offend anybody, I'm going to recess

2 for the evening. I probably got three hours' worth

3 of work on my plate yet tonight trying to sort this

4 stuff I have got out. I would appreciate it if

5 counsel could assemble up here and enable me to see

6 if we can get this witness order kind of sorted out

7 and -- but we can go off the record. Does anybody

8 have anything else we need to do on the record?

9 (Proceedings adjourned at 4:42 p.m.)

10

11

12

13

14

15

16

17

18

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25



286

1 STATE OF COLORADO)

2 )ss. REPORTER'S CERTIFICATE

3 COUNTY OF MESA )

4 I, Candice F. Flowers, do hereby certify

5 that I am a Certified Shorthand Reporter and Notary

6 Public within the State of Colorado.

7 I further certify that these proceedings

8 were taken in shorthand by me at the time and place

9 herein set forth, that it was thereafter reduced to

10 typewritten form, and that the foregoing

11 constitutes a true and correct transcript.

12 I further certify that I am not related

13 to, employed by, nor counsel for any of the parties

14 or attorneys herein, nor otherwise interested in

15 the result of the within action.

16 In witness whereof, I have affixed my

17 signature this 30th day of November, 2012.

18 My commission expires February 14, 2016.

19

20

21 ________________________ Candice F. Flowers, CSR

22 216 - 16th Street, Suite 650 Denver, Colorado 80202

23

24

25





Aabbreviated 53:8ability 71:8 76:9 117:5able 68:19 70:8 83:15,1784:8,18 89:20 94:1123:21 126:3 129:11136:22 195:20 219:5275:20

above-entitled 45:17absent 155:16 215:11absolutely 74:22abundant 136:16academic 107:3accept 209:8,9accepted 93:23 110:9access 83:19 140:8,16194:17 210:2 220:13

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act 59:5 60:7 61:25 62:771:1,2,3 75:24 76:1679:3,9 81:3 87:2,5216:10 261:9,10,12263:20 264:3 265:9,14

265:22acted 115:4acting 71:17 115:23action 46:5 68:10 101:10111:14 126:13 191:4219:3 286:15

actions 64:7,8 69:4 87:4193:14

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activity 96:4 250:1 264:9actual 130:9 148:18150:17 167:18

ad 111:14 112:20adaptation 107:20,25add 138:9,9 142:6 171:23215:1,25 218:14 221:6240:17 244:16

added 136:22 189:20adding 107:23addition 62:16additional 60:15 62:20140:1 144:2 164:3199:14 208:11,14218:23 230:20,23 245:1

Additionally 98:22address 62:19 64:3,1266:14 67:3 75:19 83:984:22 104:13 115:16151:12 154:20 167:6196:18 198:8 204:13205:19 207:13 213:18214:3 243:12 244:8247:17 261:1 263:5

addressed 63:16 66:2,1075:18 78:4 100:23197:24 214:14 218:12247:21 250:16 262:8

addresses 198:18addressing 117:8 180:18256:16

adequacy 65:16 66:1205:16

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adequately 281:2adjacent 98:23adjourned 285:9adjusted 150:6administer 149:22

administration 198:19229:15

administrative 56:2457:9 58:2 62:7,9 70:1871:3 171:11 244:6

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age 205:10 275:10 280:3agencies 69:16,18,1979:24 108:24 112:9167:13 172:17,18,21173:1,22 183:7 186:15217:14 280:15,19 282:9

agency 56:25 79:22 81:9112:10,11 171:1 172:15173:22 186:17 266:21

agenda 89:12aggressive 97:10aggressively 70:4agitate 212:19ago 58:6 96:13 98:19100:10 101:22 162:21201:11 226:8 261:18269:12 272:6 275:16283:12

agree 117:18 184:16194:15 216:17,18

agreed 50:6 61:16 62:1866:13,23 174:13,21175:1 195:20 207:2,3265:2,2

agreeing 66:15

agreement 66:11 147:17263:23 266:7

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ahead 73:15 104:9 127:8153:4 158:5 169:18187:14 236:20 244:3256:17 260:14 283:3

aid 79:24air 61:5 63:14,17,21,2464:1 74:2 80:5 86:290:12 91:15,20 94:296:25 102:6,16 103:15106:20 110:2,12,14116:2 143:16 144:23146:12 158:8,20 166:9193:19 194:20 214:23223:10 230:17 243:4260:25 262:17,21,25270:1 271:8

aircraft 112:7airspace 97:12air-monitoring 262:19ala 109:22ALARA 147:8,21 247:20247:22 249:12,18,20250:8

alarms 143:11alcove 100:8Algom 251:7alive 90:16 269:10alkaline 212:20 213:1allegation 265:1allegations 265:3alleviate 95:12Alliance 46:7 52:24 61:163:1 64:21 65:5,14,2266:4 68:8 75:22 89:8118:2 173:14 210:11,21215:2 260:19

Alliance's 68:12 83:18allies 83:21allow 57:13 61:19 65:2271:24 84:24 242:5249:15 256:23 281:7

allowed 146:19 148:8allowing 238:25allows 219:3 237:8alloy 140:6alloys 136:24,24



alluded 194:4alterations 81:18alternate 84:9,10 269:9281:8

alternative 74:17 191:4213:3,4 251:5 253:19254:13,14

alternatives 74:20114:12 191:2,3,5 211:24212:2,8 213:2

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amended 84:2America 116:7American 91:8,9,1092:17 95:4,9 96:4

Americans 94:10amine 138:18amount 57:20 73:25150:2,5,16 218:5 239:22281:15

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analyze 254:15analyzed 78:4 191:5ancient 100:2,9Angelica 282:23,24283:2,4

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answered 61:13 86:687:18 177:12

answers 59:23 86:5anticipate 154:16 241:10anticipated 152:20155:23 201:22 206:16

anticline 226:8,8,11Antony 161:13 170:10

177:17 178:4,17Antony's 170:14anybody 50:17 52:2355:23 155:11 157:10209:20 225:21 259:2,17259:23 270:24 285:1,7

anymore 94:22 146:21159:17 279:17 284:3

anyway 83:14 153:15212:14 226:2 241:21279:18

apologize 204:10apparent 112:20 264:15appear 109:13 268:23APPEARANCES 46:147:1

Appearing 46:7,15,19,23appears 100:17 110:17113:8 115:9,11

appendices 167:1Appendix 151:12 250:14applicable 64:11 213:11213:12 214:10 250:9

applicant 75:15 213:6application 45:5 49:654:4 57:5,12,14,20,2458:15,16,18,24 59:1,2,759:10,12,13,18,22 60:860:10 61:22 62:16 65:1165:17 66:2,2 67:5,8,1671:10,14 72:2,3,21 73:273:6,6,18 74:3 75:7 76:877:15 80:23 81:1,6,2484:3,4,15 86:7 102:4112:1,1 121:10,20 122:6129:7 141:1 143:20,22145:23 150:21,25 151:5153:7,13,18 160:17,18165:1 166:19,21,23167:5,8,17,22 168:6,13168:21 170:9,15,25171:3 172:15,23 174:11175:11 187:18,20 188:1191:25 193:3,5,10 198:1198:5,13,15 202:21,21203:3 204:12,24,24,25207:1 213:10 214:1,2217:13 218:7,17 220:3,5223:1,7,9,15 228:15,18228:20,25 229:9 231:12231:18 232:4 234:21,21

236:7,12,19 239:7241:16 244:1,17 247:5247:16,17 250:16255:15 256:16 266:20277:22,23,25

applications 136:3167:13 168:18 217:13281:9

applied 58:10 63:8262:15

apply 78:25 79:7 263:20263:22 270:2

appointed 117:3appreciate 51:4 126:1205:12,24 285:4

appreciation 88:1approach 81:15 82:22123:11

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appropriately 195:11approvals 73:16 80:3approve 82:1 101:8178:23 281:5 282:3

approved 66:22 86:7approximately 59:2474:1 135:10 163:11224:13 267:11

aqueous 138:15aquifer 199:12 206:20,21208:5

aquifers 186:5 253:24,25ARBITER 45:1arbitration 116:19archeological 93:12167:16

archeologist 195:9archeology 101:13area 58:22 60:17 77:1086:11,15 98:17 101:15110:12 113:19 114:6,11137:7,19 140:10,13,17140:18,20 141:21 142:4143:12 144:24 145:4146:14,16 148:5 161:5161:15 164:4 174:18,19174:24 183:10 184:14185:12,13 186:12 191:1192:8 194:17,18 195:14

195:17 196:5 215:7216:4 219:20 222:3,20223:5,20,20,21,22,25224:4,8,15,22 227:9,12227:19,22,24 232:9,12239:23 245:14 248:24251:9,10,11 252:3,5,6,7253:7 254:3,21 255:10257:7 262:19 269:4271:2,7,11,13,20 274:11277:10 281:9 282:11283:9,17

areas 66:18 136:25 143:9144:10 145:23,24151:12 166:16 187:7189:24 194:24 223:19240:20 248:11 258:1263:17

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asking 52:7 89:22 110:1130:10 178:2 181:3,4202:5 213:16 218:10262:9,10

aspect 64:14 93:9 165:20207:11 268:16

aspects 63:15 65:1691:15 175:12 181:25220:16

assemble 285:5



assembly 51:23asserted 155:1assertion 154:21assess 89:12 107:23220:4

assessed 168:4,5 197:1270:20

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Associates 91:6 165:15associations 94:4assuage 66:24assume 126:22,24 149:22152:17 154:25 155:4194:7 199:24 258:22

assumption 152:18astronomical 100:3as-builts 132:3Atlas 141:6 182:10,11186:24

atmosphere 103:22105:5,6 109:1 112:6

atmospheric 90:21 91:191:4 99:2 102:13 109:13

atomic 71:1 75:24 76:1679:3,9 81:3 216:9263:20 264:3 265:9,14265:22 272:3

attached 167:21attempt 65:25attempted 70:4 103:5attending 51:25 52:1attention 79:16,17 98:25110:23 117:14 264:13264:18,25

attorney 46:16 51:23126:17 156:23

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August 143:14 165:24204:19

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BB 187:11back 52:18 53:19,1960:12 65:18 69:8 73:1481:12 82:13 96:10 99:17

117:10 129:6,13 134:25138:22 139:25 143:11148:22 151:21 152:4153:24 154:11 157:9,11158:24 159:13 160:15161:6 163:24 168:21172:7,11,18 191:1198:12 222:4 224:9,11259:1,13 271:12 272:24273:12,24 274:2 277:16278:25 283:7,12

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165:23 166:3,6 167:10168:2 174:5 190:6 223:8223:13

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belong 260:19below-grade 235:3240:14 252:17



belt 137:25 216:2 221:13253:10

bench 117:17benefit 113:8 114:4211:11,12,13,15

benefits 99:4,5 196:1211:10 256:8

Benton 162:5,6berm 272:24 273:16,17273:17,19,21,23 274:18274:20,24

best 63:5 100:25 106:18141:12 218:18 252:23257:7,8 276:1 281:13

bet 97:1 99:8 109:19better 102:23 103:19114:22 144:5 190:4,13233:21 248:20 263:1280:17,20

beyond 55:15,16 100:19129:14 207:7 263:6278:19

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181:22 183:8 192:23204:2 207:11 211:22221:4 222:1,16 225:8228:10 235:25 236:21237:15 248:23 249:22252:12 267:16

black 106:3,6 107:1108:13 113:2 139:7,19242:11

blast 252:16blinked 90:17BLM 132:21 188:10block 226:17Blondies 109:22blow 225:10blowing 225:14 267:13blue 224:8 227:23board 68:12 77:18 141:8165:18,22 260:20276:23 277:20

Bob 105:2 133:7 180:3body 265:18boiling 273:11bomber 90:16bond 66:20,21,23 97:24150:2,5,13 183:14281:11,15,21

bonding 131:20 175:16175:23 182:18 184:24185:18 187:3

bonus 136:22 180:14181:2,11

bonuses 180:17,25 181:1book 188:2boom 77:23 94:18 95:6101:21 268:7

booms 68:24boom-and-bust 92:15268:12

bootstrapped 159:5border 98:17,17borne 281:18bothers 95:4bottom 107:12 199:9237:18 239:19

bought 90:8 162:13165:23

Boulder 47:3 90:2 116:17Boulder-based 90:24Boulevard 46:14boundaries 100:20

boundary 102:14 229:21box 46:6 155:16BP 86:20 109:8branch 116:20brave 100:9breach 232:11break 49:22 55:24 123:21151:20 159:23 160:6210:6 217:21,23 237:25238:12 256:1 258:17

Breathing 106:19breeze 100:7bridge 97:19brief 49:8 54:19 76:7102:10 116:1 120:2133:19 223:18 250:23259:16

briefed 127:23briefing 70:16 82:5120:20

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bringing 85:2 209:13283:12

brings 115:14 258:15Britain 90:14broken 107:18 256:18brooms 145:10brought 82:17 94:18111:6,13 155:20,22159:5 209:6 264:12,17264:25 282:2 284:21

Brown 170:13 246:8Bruce 183:15BS 90:19bubble 69:3,7buffalo 106:4build 86:13 96:5 135:23196:14 239:23 268:18

building 49:24 222:6,11232:10

buildings 140:19built 82:20 90:9 97:21213:13 261:2 280:2

bullet 274:8 275:20bunch 123:16 258:25burden 73:13 75:1576:18 77:18 81:24 84:20119:10

burdens 76:7Bureau 69:17 261:5bureaucratic 80:25burning 108:22,25burrowing 145:17 238:5burst 69:7business 54:18 74:776:19 82:11 142:12157:25

bust 101:21 268:9buy 54:3 92:19 142:12278:2

buyers 96:22byproduct 139:11 192:11217:2 263:22

byproducts 86:19Byway 98:13

CC 46:5 49:1 264:4,4cabin 90:3,10calciner 248:25calculating 107:22calendars 100:3Calhoun 272:17,22 273:5273:13

call 52:7 53:10 55:23 66:8116:1 117:14 118:19138:6,10,16 157:9,11163:12 176:4 234:9252:11 260:6 279:13

called 52:16 91:21 102:19106:3 131:23 139:7,14147:20 161:7 203:2221:16 227:4 232:20,22269:8

calling 119:2calls 72:25 172:9camera 154:10cameras 52:6Canada 78:1 83:7,7,1398:4 99:10 134:13

Canadian 95:9 134:16cancer 280:4Candice 45:21 286:4,21Canon 111:21 265:21277:10 282:10

Canonie 131:24 182:5183:22

canyon 91:25 260:21271:13,15



canyons 94:12capability 55:17 160:24capable 255:12capacities 175:13capacity 177:23 180:19182:13,14 183:2,5194:14 235:25 236:4237:4

capillary 237:25 238:12capped 74:21caption 49:7capture 224:5 238:1captured 233:14car 155:16,23care 114:10 129:25 130:3216:24,25 225:23237:20

careers 58:19careful 183:25caring 114:24Carol 259:22 270:25271:1,1

carried 172:3carry 274:22carrying 79:2 194:10case 89:23 92:4 104:1105:15 107:13 150:12168:25 210:21 216:15217:1 235:19 237:22249:19 263:24 267:10

cases 166:5 186:21,22190:7,12

cash 74:12cast 70:20,21,23catastrophe 86:22,23catbird 173:2catch 232:9catchment 227:9,12254:21

categories 193:16cattle 49:24 223:25cause 77:24 106:1 116:22119:22 130:25 208:23242:11 255:2 261:24

caused 92:12causeway 274:1caustic 242:18caustics 197:8CD 200:16CDOT 194:15CDPHE 57:13,25 58:14

58:16,17 59:5,10,16,1960:13,22 62:8 63:1865:2,3,8,19 66:22 67:570:3 71:12,17 74:9,1677:19 78:21,23 79:281:25 82:2 84:7,2588:23 89:22 102:5,5105:11,17,21 111:24112:16 113:3 126:23129:10 142:9 144:8150:13 153:14,17164:20 165:7 166:3167:3 168:15 170:25171:7,12,21 172:1,8173:4 174:3 189:14191:14 202:15 203:2,18204:20 215:16,20,23240:19 241:9 244:20245:1,8,25 246:21 258:6281:1,4

CDPHE's 57:14 59:1360:1 74:4 75:7 78:6142:2,7 151:10 238:8

cease 269:19ceased 269:18ceases 269:15Cedar 94:12cell 140:11,19 236:9237:1,4,7,8 239:10,13

cells 143:5 239:16,17240:16,22 252:17257:10

center 46:10,24 85:1491:1 223:21 225:6,15226:2 253:9

centers 256:15central 79:23 137:24142:3

CEO 161:14 170:12 178:6certain 54:20 62:3 172:25173:1 179:14 182:4212:8 216:3 276:5,14278:20

certainly 131:9 145:7149:14 172:16 184:12204:8,8 225:22 244:3246:23

certainty 97:4 281:25CERTIFICATE 286:2Certified 45:21 91:11286:5

certify 286:4,7,12CFR 270:3chained 145:14 223:24chairman 276:11challenge 88:23challenged 57:3 60:25112:2

chambers 49:20 114:20chance 117:20 158:16Chancellor 259:22279:23,24,25

chances 86:18change 71:20 80:22 107:6221:5 245:17

changed 80:14,14,1581:4 84:2,2,5,6 238:11

changes 72:23,24 144:4189:15 192:1 217:7238:9 266:11

changing 159:12chant 280:16Chapter 191:7,8,9 202:10character 55:12characteristics 221:4223:6 231:2,5 233:6251:16 253:11

characterization 205:3characterize 185:25characterized 187:19characterizing 205:1charge 76:17 154:22charities 92:23Charlie 90:9cheap 96:21check 177:4cheese 155:22chemical 144:10 192:16197:3 231:2 243:22

chemicals 137:2Chernobyl 109:4 242:12279:6

chew 104:11chief 132:23 170:11children 271:5,9chloride 145:1choice 113:12choose 49:25 187:12chorus 280:16chose 163:16 167:6chosen 255:3Church 132:1 182:11

186:4,16churches 280:10CH2M 165:15 207:14circulate 134:24circulated 259:5circumstances 197:16241:24 281:13

citation 147:14cities 229:22citizen 87:22 89:22 93:2193:24 99:5 100:17109:24 111:8,13 115:5203:6

citizens 93:19 109:19134:20 263:14 265:20267:3

city 53:4 93:3 107:22108:12 111:21 260:20265:21 277:10 282:10

civic 103:9claim 61:11 154:21claimed 61:8claiming 82:6claims 268:15clarification 128:17186:24

clarify 67:20 150:9207:23 211:16 234:6253:14 260:9

Class 262:21classes 181:20 182:21classified 191:20 192:5192:17 243:1

clay 232:23,25 233:2,4,22237:22

clean 84:1,12 97:22136:16 149:8 231:21235:11

cleaned 109:9 149:1235:13

cleaning 77:4 149:10281:12

cleanup 91:23 92:1,1197:23 281:11

clear 81:22 82:25 112:23169:25 175:3 205:22208:16

clearly 87:12 127:22client 155:19climate 105:20 107:6163:25



climatology 105:21climbing 93:12clock 59:3close 53:5 95:10 108:17134:9 163:10 164:7174:2 207:18 216:13251:6,9 252:14,15272:11 273:3

closed 131:25 267:24269:11

closely 72:4 89:5 133:7141:4 174:6

closer 96:22 194:9 225:13228:3

close-ups 223:2closing 267:22closure 132:3,6 133:25148:23 149:15,20 150:1167:12 174:24 182:6195:17 236:25 238:20239:3,4,10 240:12,17254:23

clouds 224:6,14Coalition 46:25 63:3,1364:4 85:16 118:4,6

coast 140:5 146:7cobbles 238:4cobs 94:12Code 151:11coherent 110:5coincidental 277:19,25collapse 226:7collapsed 226:20colleague 202:11,12colleagues 105:2collect 139:16collection 140:25 143:15144:14 232:20 233:11233:15

collector 138:18Colorado 45:20,25 46:4,646:11,14,18,19,23,2447:3 56:25 69:11 71:277:3,20 79:5,11 81:4,1585:15 88:9,13 89:3,9,1489:25 90:3,4,21 91:2,5,698:10,19 100:24 109:15109:24 111:20 116:4132:20 134:2,6,11135:11 146:5,13 147:17148:9,13 151:11 162:9

174:3 185:7,16 216:15219:18 241:8 260:18,23261:4,7,10,17,18,21262:7,12,13 263:9,23264:13 265:6 270:20271:17,24 276:22279:25 286:1,6,22

Colorado's 88:15combination 130:22232:25

combined 162:20come 67:20 70:15,1573:11 78:18,19,19 79:581:18 99:17 113:14127:5 129:16 138:3142:9,21 151:21 152:9154:11 158:10 163:4189:2 196:2 198:11205:5 218:19 219:9,10219:13,15,21,22 220:13220:22 221:11,12222:10 240:13 245:20245:22 248:4 250:13254:22 260:6 268:24277:2,14 282:17,19283:18 284:2,7,8

comes 55:12 81:6 82:24103:13 136:10 140:9,9222:4 253:9

comfortable 122:2coming 90:15 95:20140:17 164:11 181:8196:14 204:7,10 209:11219:15 224:6 225:14227:4,10,12 233:13237:6 248:22 260:10

commence 268:10commenced 175:4commencing 45:19comment 53:13 60:18,1861:17 63:10 67:15,17173:21 258:18,23,25259:3 264:1,8,11,17,23265:8,11,23 266:6,14269:14 282:18

commented 166:5comments 48:15 52:1352:15 53:2,11 55:2 58:560:2 67:21 70:21 88:21117:12 151:7 171:14,17171:21 172:2,4,22 173:1

173:2,5,9,13 174:13189:15 228:23 231:25238:8 239:12 259:4,11259:24 266:15,16276:21

commerce 114:20 281:2commercial 114:15,17commercially 152:6commission 69:13132:22 186:18 286:18

Commissioners 114:20commissioning 150:10commit 149:19committed 150:10 241:4common 55:20 135:15172:20 179:21 216:3267:2

Commonly 234:8communicated 59:21121:20 122:3

communication 59:17communications 46:1356:20

community 53:3 72:1478:1 92:20 93:2,5,8260:23,24 267:10,14277:10

commuting 194:11compacted 232:24233:20

companies 131:25 132:8134:18 149:2,12 165:14179:20 188:13 208:12

company 91:7 93:19 95:997:2 131:23 134:3,16160:22 161:7,11 162:4162:14 163:8 170:22178:7 179:19 188:7268:21 277:3,24

company's 172:23compare 148:22compared 108:6 215:4compatible 233:6compel 127:10 129:24compelled 49:22compensated 179:5compensation 180:9181:7

competent 162:24compiling 170:15complain 113:13

complaints 267:3complete 59:6,10 60:1178:14 81:1 171:5

completeness 62:4171:22

completion 149:23complex 59:16 103:1163:13

compliance 56:18 85:887:11 163:3 208:23214:9

complied 87:5component 151:13167:22

components 59:7 160:19165:17 189:20

compound 255:24256:19

comprehensive 69:19110:22 183:13 250:21

comprised 59:24compromise 240:7compromisers 115:22compromising 238:6computers 55:1computing 103:12con 115:4concentrate 88:6 138:23concentrated 135:22138:24

concentrates 137:9,10145:11

concentration 136:21140:2

concentrations 215:14228:7

concern 64:7 206:25241:12 242:18 260:22271:5 272:2

concerned 56:5 111:12226:22 260:25 265:12270:18

concerning 61:5 67:4107:1 108:3 111:16120:2 122:3 209:25

concerns 61:6 64:2,466:14,24 85:22 94:2229:2,7 242:14 245:8263:4 264:15

concluded 156:20 215:15conclusion 73:11 213:16



conclusions 117:8,13147:5

concrete 232:12concurred 215:17conditions 73:18 94:17105:8,25 150:7 174:5215:16,18 216:7 230:23253:21 257:15 266:2,22

conduct 61:21 69:1976:10 117:4

conducted 117:6confidence 113:1confidential 167:15configuration 221:6confine 240:11confined 106:10conflict 115:6confluence 92:7 101:16conformance 265:9confused 111:11confusing 203:5 205:9confusion 111:16Congress 76:2,23 261:11262:10

consequences 76:22,2276:23 86:14 110:7

conservation 46:2 68:7260:17

consider 53:2 57:25 62:867:21 106:6 117:12168:23 281:6

considerable 71:15137:20

considerably 174:24consideration 74:4 256:7256:12 265:19

considered 65:19 105:25113:2 168:24 174:18191:5 197:5

consist 65:9consisted 150:22consistent 249:25consisting 232:17consolidate 237:11 252:4consolidation 237:21constantly 244:25constituents 215:3 216:3228:8

constitutes 286:11constraint 262:14constricting 73:22

construct 217:8constructed 85:23 86:9143:25 245:11 246:17

construction 85:8,24150:11,14,16,19 175:4189:21 195:8 196:12208:12 218:25 220:7246:20 264:9

consult 50:7consultant 71:18 182:8consultants 102:20 133:3133:8,9 165:21 168:2174:6 178:1 188:17190:3

consulting 91:11 165:14208:4

consume 136:5contact 172:11,14,18contain 59:7 280:24contained 127:18 144:18227:18 231:6 232:12

container 233:1containing 138:16containment 144:9,11193:2,5,6 199:10 230:25232:9,13

contaminants 253:22contaminate 85:25 86:2contaminated 186:5,5,9contaminating 277:9contamination 184:12215:6 271:8,16 275:5279:8

contemplated 156:13contemplating 155:5content 124:4 140:3168:18

contents 57:19 59:2562:15 175:10 187:17190:22 191:16 193:9

contingency 198:22continue 89:5 104:20157:3 235:15 236:15258:4

continued 47:1 160:13162:12 164:2 172:14185:1 253:21

Continuing 247:13contract 161:22 179:9,13282:4

contracted 208:10

contractor 149:23,24contractors 126:9contribute 248:12 253:21contributed 254:3contributes 97:3contributing 254:2control 59:4 60:7 63:1871:2 74:2 143:4 145:8166:10 197:13 199:14227:15 231:9 232:7266:8

controlled 63:17 254:23controller 134:12controls 141:1 144:3,15144:16,20 145:6 194:22

Cont'd 48:12,13convenience 256:8convenient 50:8 151:19conventional 135:12168:18 249:5

conversation 49:8,10,1349:18 119:19 154:9201:11,12,14

conversations 49:1650:1 156:20

conversion 140:2conveyed 157:2,2conveyor 138:5 221:12convince 99:14cookie-cuttered 82:16cooling 273:6,8Cooper 272:19,24Cooperative 91:2coordinated 112:11171:7

copied 173:11copies 119:15 120:5134:24 173:13,15201:13 206:4 209:6,8

copy 55:14 120:5 121:6124:8 125:10,14 126:4176:22 177:2,4 200:17201:7 209:1

corn 94:12Corners 110:12corporation 46:15 77:1377:25 128:3 134:16161:3 162:15 277:2,5278:7

correct 52:4 54:21 118:16120:14 123:6 124:12

128:4 170:8 179:4181:15,16,18 182:1255:16 265:4 278:15,17286:11

correctly 154:16corridor 219:25cosmic 146:10cost 76:18 83:5 97:23107:11,17,19 131:20149:21 183:4,6 185:23211:11,12,13,15 239:5281:12,17

costed 149:24costing 280:13costs 98:6,7 107:24 108:7108:11,17 159:10182:23,23 211:19255:21 256:10 281:17

cost-benefit 191:13Cotter 77:13 82:16111:21 123:25 128:3149:13 245:24 246:1265:17 277:2,5,12,15,22278:2,7,12,23

Cotter's 277:23Cotter-CCAT 124:10Council 260:21counsel 50:6 54:10119:16 154:9 177:8,10177:11 187:7 209:8285:5 286:13

countermeasure 231:9counties 98:23 113:24115:18

country 136:11,12,15146:13 189:1 212:8272:15 275:2

county 61:2 63:2 66:7,9,966:24 73:16,19 80:698:2,25 99:12,14 100:22101:20 114:19 134:7163:23 164:1 173:6,12196:3 206:25 219:12,13262:2,2 271:7 286:3

County's 113:20couple 98:19 99:6 121:7158:3 276:20

course 58:3 59:12 121:2126:20 129:23 135:24157:1 170:12 184:22187:12 197:20 201:6



206:23 226:14 230:19233:18 268:13

court 60:25 61:14,15,1862:5,23 63:12 64:1567:6 116:17 209:7214:10 265:6 266:1

courtesy 167:14 217:15Court's 61:24 62:10cover 102:9 124:1 149:19237:5,14,18 238:5,7239:1,3,4 240:4,9,13,21249:6,7 257:24 270:8281:12,21

covered 66:19 129:14235:8 238:21 277:24

covers 238:20 240:17249:7

Covington 51:22co-counsel 68:10crackers 155:16,22Craig 158:8,19 229:19crank 157:16crashing 118:20create 139:6created 77:9 226:16227:1

creative 89:16Creek 93:4 227:5cribbed 139:22crime 81:9Crisis 90:14criteria 142:2 163:21164:8,18 212:5 240:19250:14,17,20 256:4,21256:22 258:16

Criterion 256:16critical 68:22crops 94:11cross 159:2 184:21 211:3crossed 98:17crossways 226:3cross-examination61:17 62:24 66:4 70:2271:23 75:13 76:10,1478:20 187:11 264:2

cross-examinations 67:8cross-examine 57:1161:10,21 147:13 153:1

cross-examined 260:7cross-reference 168:20cross-referenced 168:21

crusher 248:21,22crushers 248:14,15crust 135:16crux 107:25CSA 92:20CSR 286:21Cuban 90:13cultural 143:17 193:20195:1,8

cumulative 72:12 190:14191:12 261:24 262:4,7262:24

current 80:12 95:13113:17 141:6 150:6161:13 214:18,23245:20 253:15 277:1

currently 94:15 101:21103:20 108:9 110:23208:3

curse 271:20Curtis 46:12 56:19cut 219:16 240:7cutoff 122:1cuts 226:3cycle 99:10 268:12,12270:22

cynical 282:8

DD 46:9 49:1 264:4daily 110:3,4Dam 261:2damage 68:23 106:2242:11 281:23

damaged 108:25 235:21273:21

Dan 259:22 279:24,25Dana 45:18 58:5 88:193:23 119:11

dandy 274:7danger 91:19,19dangerous 112:4 272:13279:2

Daniels 46:8 56:15,21data 51:3 105:18,20110:20 112:13 140:24143:15 184:9 186:8223:16 224:19 225:23

date 122:1 213:9,25228:23 239:12

dates 124:4 231:15

David 259:22 271:23,23278:13,16,18

day 52:15 53:10,12 58:574:14,15,15,21 108:10112:25 137:9 183:12185:22 205:19 207:24207:25 208:1,10 225:9241:2 283:24 286:17

days 60:9 96:10 103:11159:14 171:4 201:11206:14 221:18,23 227:5279:15

day-to-day 105:9deal 51:9,9 54:16 75:576:19 77:8,10 79:1386:25 97:19 100:25113:11,16 115:18118:11 122:18 154:9,10201:18 205:16 206:1230:13

dealing 107:15 243:6dealt 245:25dearly 281:17death 280:13debate 108:1debris 274:22,23decade 96:5,6decades 270:10deceased 117:17December 177:13decided 111:18 112:10142:5 161:10 239:23249:5 251:8

decision 57:2 58:3 62:1265:4,20 113:15 116:22117:1,7,11 202:25 265:7266:9 283:21 284:23

decisions 70:6 79:25283:22

decision-making 79:24declare 91:16declined 201:19decommissioned 149:17decommissioning236:18 239:5

decontamination 245:2decree 209:1,16,19,21210:1,23

dedicated 91:13deemed 81:1deep 171:25 241:12

deeper 239:20deer 90:3 91:17 98:12174:18 195:15

defend 116:2deficiencies 69:12deficit 261:6defined 205:17 249:20249:22

definitely 196:10 224:23269:12

definition 108:13definitive 152:15deflated 273:24degree 131:9,10 181:20182:22 184:4

degrees 187:7 225:2,3,4226:3

delegated 87:10 130:6deliverable 75:1delivering 196:7Delta 99:14 113:24demand 96:5demanding 87:25democracy 115:3demonstrate 84:19,20120:21

demonstrating 66:1demonstration 214:7,16214:22 216:6

Denison 135:4 161:23162:16,16,18 268:14269:5

Denver 46:11,18,2360:25 116:24 134:13286:22

deny 205:9department 46:19 57:167:17,19,21 69:4,1688:9,13 89:5,11,14 91:4101:2,3,4,5,5 117:3,11121:9 126:16 163:1183:23 206:7 216:20,21238:15 258:7 264:13,21265:5,13 266:3,4 270:20276:23

Departments 109:17Department's 89:1126:17 267:7

depend 70:6dependable 261:22,22depending 99:12



depends 70:7depicted 49:16deplete 86:1depletion 206:22deposition 124:10deposits 96:20depth 69:1 72:6 141:15describe 123:23 191:18192:20 223:5 228:13236:17 241:14 257:13

described 192:6 222:22236:21,23 269:16

describes 192:22describing 247:14description 190:9 192:6218:15,19,20 228:14

design 74:14 82:9 131:19132:5 133:8,11,22 141:2142:17 162:1 165:17,17182:15 185:17 207:15222:23 231:25 232:3236:10,10 239:10,14,15246:16,19 247:23,25248:9,10 256:11 257:10258:11

designated 50:22designation 262:21designed 137:8 144:20199:11 208:3 227:18235:23 238:1,4,18 242:4243:8 249:18 258:10

designs 82:22 132:9,13149:19 167:9 220:16239:3,4

desire 84:13desired 89:17despite 69:12 74:6,1893:5

destined 95:14destruction 113:9detail 57:20 62:16 78:4104:2,6 122:18 153:12160:18 191:6 192:23198:3,7 211:22 218:6223:4 225:22 228:15237:16 239:15 241:23

detailed 110:6 149:18246:14

details 102:10 192:25218:23 222:23 224:21230:20,23

determination 60:10155:3

determine 105:22determined 102:21195:3

determines 94:25deters 145:22develop 174:7 268:4developed 59:22 132:14137:22 188:4

development 134:4269:3

devices 145:8 249:14dewater 237:8,11dewatered 237:12DG 168:17dice 275:11,11die 283:17died 280:3diesel 273:2 276:17difference 98:3 208:15224:24

differences 93:6different 51:7 53:9 71:1782:7 83:21 93:2 110:16155:11 185:24 197:16221:4,8,9,9,18 228:7234:8,18 261:18 277:24

difficult 77:8 106:20113:25 164:1 251:17

difficulty 161:21digging 59:11 238:5dinner 109:22dire 48:10,13 119:24176:1,6,11,13 184:20

direct 48:12,12,13 78:1979:8 131:2 151:9,21153:2 159:6 160:13185:1

directed 69:15direction 127:14 257:3267:14

directions 53:17directly 65:23 104:14124:20 185:11 188:10278:6

director 46:13 56:17,19260:17

dirt 182:23disagreement 70:17Disappointment 97:9

disaster 96:19 108:1,21111:22 113:2 272:5,11275:1 279:5

disasters 110:8 242:9disc 154:17 200:21,23201:5

discarded 212:6discern 72:24discharge 80:5disclose 74:10disclosure 74:16discontinuities 255:12discovered 91:18discovery 50:23 61:17,2164:15,20 67:7 71:22120:3,17 154:18

discretion 77:19discs 200:24discuss 57:19 58:1562:15 172:10 241:22

discussed 63:9 78:4102:11 119:13 127:19195:23 206:18 207:9211:20 212:2 236:8,9241:17 243:13

discussing 93:25discussion 107:6 108:14108:19 130:11 159:10208:17 241:16

discussions 49:14,1594:7

dismal 114:10dismissed 108:5,5dispersed 109:1dispersion 91:15 94:299:2 102:7,12,16,25103:4,5,7,13 109:14110:2,3 111:3 116:2254:16,18 270:15

disposal 139:18 236:14236:17 240:15 251:5253:19 254:14 256:5263:21

disposed 139:12 191:21dispute 52:9 72:22disrupt 78:1disruption 113:10dissatisfied 116:22dissipate 276:2distances 103:8distribution 105:13

district 60:25 61:14 63:1264:15 67:6 116:17,23117:15

disturb 98:11disturbance 254:16255:2

disturbed 174:24 239:23disturbing 174:17240:15

Diversity 46:24 85:15divert 141:19 144:16227:16 234:24

diverted 233:16divide 67:25division 63:18 74:2131:16 166:10 174:3215:23 266:8

DNR 112:16docket 124:2,18 128:24128:24

Doctor 204:3document 57:5,16 64:1879:23 84:2 93:25 120:12120:15,16 123:1,2,13,15123:24 124:8 126:9128:2,7 168:24 169:5170:20 188:21 189:4,7189:12 214:14 220:17229:16 231:18 247:3250:16

documents 54:20 56:157:20 58:15,25 59:1,562:16 64:22,23,25 65:365:4,7,9,11 67:5 73:1078:19 82:9 83:4,7,9,1283:19 111:17 118:6,13120:2,21 121:4 123:16124:6,13 126:5,11,14127:12,18 128:5,9,17151:24 154:3,16,17,19154:20 156:15 157:21165:2 167:20 168:13169:13 170:25 172:23173:19 174:11 193:3201:13 202:10,17 203:3204:11 209:12,24 210:3218:7,17 228:15

dodge 275:20dodged 274:8DOE 112:16DOE's 216:8



doing 70:9 76:19 81:11105:2 115:2 122:24128:12 132:2,3,18 133:6136:12 142:15 154:12163:6 181:5,5,22 186:7186:20 188:19 189:19209:11 210:10 229:5262:12 266:24 275:22277:7

dollars 92:10,13 96:2269:2 280:14

Dolores 92:7 113:24199:18 219:9 226:3228:3 234:25 254:11260:23 271:13

dome 226:11 255:6domestically 136:16dominance 100:5dominant 94:15door 49:25 100:15 115:7159:5 278:2 282:21

doors 283:24dormant 132:12dose 146:17 147:19 148:4249:24

doses 229:17,20DOT 101:8 112:16double 257:18double-sided 167:2doubt 121:25doubtful 268:17Dove 93:3DOW 112:16downhill 142:24downstream 103:2,7109:2,25 260:22 272:20

downwind 141:25 253:5280:6

dozen 140:18 283:16Dr 50:10,15,22 51:1 55:363:2,13,13,25 64:187:19,20 104:5,10,13,16104:21 105:1 119:16152:22 153:3,5,16 158:6158:8,14,19 200:10,14202:6,9,23 203:4,15,20203:25 204:14 205:10211:1 229:19 246:7

draft 153:11 168:16 169:1265:24 266:1,2,5,10,12266:15

drafting 71:16drafts 65:10drain 237:9drainage 164:11 227:4232:19 236:11 254:2

drainages 164:12 227:12234:24

drawn 162:10dreams 263:8dried 139:4dries 270:7,17drill 171:25drilled 255:9drilling 261:14drinking 215:4drive 53:18drivers 99:7 196:7drives 93:8drive-in 152:17drop 54:12 59:13dropped 69:8dropping 97:16drove 53:21drum 222:13drums 137:11 139:5,8222:20

dry 222:12 248:15 270:12270:13 279:14

dryer 139:4 248:24 249:2drying 269:20 270:11Dubuque 274:11ducks 271:14due 62:6 67:7 101:25110:23 272:7 275:5

Duke 90:20duly 119:22 130:25dump 143:11 220:23281:10 282:3

Durango 46:4dust 98:20 103:7 106:8106:20 110:3,10,11,15110:20 111:2 145:1237:6 249:10 263:2

duties 151:18,20duty 78:6DVD 200:10,12,19,20201:5

DVDs 199:25 200:8dynamic 245:16 247:2

E

E 49:1,1EA 188:21earlier 121:24 149:5168:16 207:23 210:12220:13 228:5 241:12242:2,20 255:22

early 60:13 91:22 161:17165:18 172:5 232:1

earthen 273:16earthwork 182:20Earth's 135:16EAs 188:20easier 143:4 220:4 231:22easily 125:4 127:18 195:5274:23

east 101:17 137:13,17139:25 140:5 141:23142:1 164:9 166:15,16174:15 215:12 225:11226:2 227:5 243:5252:13,20 253:1

eastern 196:3east-facing 100:3easy 227:15,16 240:4echoed 88:7ecological 193:19economic 77:23 96:14101:24 108:8,19 211:10211:18

economics 267:17economy 78:1 113:17281:23

Edge 188:6,22 189:11190:1

education 91:14educational 131:7effect 191:24 270:4effective 68:20 145:7effectively 117:8 259:6effectiveness 210:1effects 86:10,14 100:19103:7 113:14 114:3198:9 207:4 241:13,15

efficiency 89:15efficient 242:6effort 111:25 249:22Egidi 55:23EIA 203:11,18eight 61:10 131:13164:19 186:12 274:19

eight-month 141:9

eight-page 167:18EISs 188:19EIS-level 188:21either 80:13 90:22 103:19134:10 154:25 178:8202:13 216:19 221:20249:7 281:19

elected 115:3election 119:4electric 137:4electrical 90:19 136:2273:6,7

electricity 114:17 136:9273:8

electronic 125:14 177:1,4electronically 119:12201:18 202:4 210:10

element 135:15 136:18elevated 80:8 215:4,14elevation 142:21 146:15elevations 146:6eligible 195:4eliminated 108:10Elizabeth 51:22,25elk 98:12 174:19 195:15embankment 240:1embankments 240:2emergency 110:6 198:16230:12 242:3 272:24273:2,19,23 274:18,24276:17

emerging 137:2Emeritus 91:8emission 145:5,6,8 270:1270:5

emissions 248:23 249:1249:9

emphasis 256:5employed 179:15,21286:13

employee 52:25 134:12179:3,9,13,14 180:12,20183:17

employees 134:9,10,19147:20,23 163:7,9,10177:18,22 178:2 179:25196:4

employment 92:15,18114:11 180:15,25

enable 285:5Encana 97:7,14 99:23



enclosed 248:19encompass 113:19encounter 195:8encountered 103:1encourage 170:17encouraged 171:14endangered 64:6 87:5endeavor 64:12 111:23ended 166:7 272:23273:13

ends 73:4 222:2energy 45:5 46:2,12,1548:18 50:19 51:2 52:2556:15,18 57:5,11,12,1357:17,24 58:10,13,14,1858:22,24 59:12,17,20,2160:19 61:10,18,22 62:1363:4 64:3,19 65:7,2366:13,17,20,22 67:2,867:16 68:7 69:4,16 70:271:1,11,18 73:12,2074:8,8,11 75:2,6,14,2476:12,16,18 77:14 78:2279:3,9 80:21,23,25 81:382:6,17 83:1,22 84:1384:19 88:23 95:13 96:496:10 97:1,18 98:3102:20 103:4 108:20109:7,17 110:21 111:25112:19 118:1 121:8,16122:3,8 125:2,19,21126:8 127:1 132:16,17133:20 134:3,8,15136:15 137:3 154:2,15156:21 158:25 159:2160:22,23 161:2,2,7,8161:18 162:3,10,17,22163:16 164:25 177:14177:19 179:1,3,6,22180:10 181:12 187:18187:25 199:24 203:9,11203:23 208:2 209:25210:18 216:9,20,21238:15 240:23,24 251:4253:18 254:15 255:18256:15 258:7 261:9,12262:13,16 263:20 264:3265:9,14,22 268:17277:3,13,18,21 281:18281:20,24

engineer 187:6

engineered 144:11 240:9engineering 82:10 83:484:10 90:19 131:10,11133:7,10 161:25 165:17181:15,21 183:19256:11

engineers 182:20engineer's 185:6enhance 110:13enhanced 67:6enjoy 92:25 93:1,5enjoyment 85:19ensemble 103:12 105:10110:1

ensure 68:22 81:6ensures 87:6ensuring 68:19entail 74:17enter 122:13 227:16entered 65:11 66:11126:17,25 156:14

enters 260:23entire 84:8 92:7 166:15168:10 189:22 253:10255:11 277:9

entirely 101:1 217:1231:17,24 232:2

entities 62:24 66:10,16entitled 83:14 200:15entity 122:15entry 125:17environment 46:20 57:184:13 85:9,17 88:10,1488:16 89:4,11,14 101:2151:16 191:7 246:4248:20 264:14 270:21276:23 281:3,23

environmental 46:2556:18 57:15,15 64:667:18 69:20 72:14 75:878:6,8,14 79:18 80:1782:1 84:16,23 85:7,1185:16 86:8 87:2 89:6,1389:17 90:25 91:3 131:11131:12,15,24 132:16,18133:11,23 140:22 141:1143:1,21 144:2,3 150:24151:3 163:2 165:16167:23,24 168:1,5,9169:12 172:24 173:8175:14,21 177:15

178:14 181:18,19,21,23182:5 184:22 186:17187:21 188:4,6,6,8,12188:18,24 189:3,8,17,19189:23 190:16 191:8,16191:19 192:15,19,24193:12,13 194:25195:21 196:21 198:6,23199:22 200:1 201:6203:8 204:5 206:4,19211:8,9,17,18,25 213:7213:23 214:7,15,21216:6 217:6,18 218:5,21228:12,19 241:13,15242:9 244:12,13 253:11264:6,7,10,16,20,22267:2,7

environs 108:12EPA 144:13 166:9 186:23233:8,22

ephemeral 164:12 227:4equally 280:25equipment 143:10 145:9196:15 197:7 245:13,17262:19 273:22

equipped 100:25equivalent 233:9ER 192:7 197:25 203:8,14203:15 207:9,13 211:14215:15 217:10 219:5

erodable 226:13eroded 226:13erosion 164:13 226:15,19237:13 238:6 252:22254:16,20 255:2,6

error 107:15errors 72:11especially 99:8 103:2134:23 146:4 172:19199:14 225:18 243:8

Esq 46:2,5,9,9,12,17,21essence 115:3essentially 187:24establish 266:21established 129:13282:11

estimate 149:21 182:20183:6,14,16 229:16

estimated 207:15 208:4estimates 83:5 107:16183:4,9,13 185:23 239:6

estimating 131:20evaluate 193:23 219:5evaluated 105:10 190:10190:11

evaluation 193:12evaluations 184:9 186:8evap 143:5 145:13evaporation 139:15,15140:12,20 144:19220:15 224:23,25232:15 236:2,10 241:2

evapotranspiration237:14 238:24

evening 54:24 157:16285:2

event 86:20 107:12144:21,21 227:1 235:24236:1,3 242:11 274:11281:20

events 107:21 141:18226:18 227:6,7 236:6279:15

eventually 97:14 139:16227:17 270:8

everybody 49:23 50:1355:2 117:16,20 131:5181:2 231:22 284:3

evidence 78:18 83:188:18 114:2 117:12126:10 128:9

evidenced 101:18exact 124:3 177:20exactly 111:17 156:8253:17 268:9

exam 54:19 151:9,21examination 48:10,12,1248:13,13 71:24 74:16119:24 131:2 151:23160:13 176:13 185:1

examine 84:8examined 69:23,25119:23 131:1 156:12211:22,25

example 107:21 108:8146:7 166:7 196:3 219:8230:20 242:14 243:2248:5 268:11

examples 128:2,3excavated 240:8exceed 214:24 262:21276:14,15



exceedance 262:23exceeds 107:20Excellent 51:10excerpt 249:21excess 139:13 236:4exchange 134:17 173:25281:22

exchanged 71:11excited 283:13exclude 174:20excluded 195:16,18excluding 148:12,17excuse 202:6 247:17executive 170:10exercise 53:12 54:9 157:3exhibit 48:19 128:18209:3,4 210:9,18

exhibits 48:18 117:25exist 121:5 128:9 214:4214:13

existed 199:12 277:21existence 120:21 121:5126:11

existent 94:19existing 57:8 215:6 216:7256:25 270:11

exists 80:18 226:6 266:2expand 74:12 94:1163:14

expansion 140:14expansive 158:7expect 66:3 89:7 92:24102:10 246:21

expected 152:3 189:5241:13,14

expedition 112:12expeditions 112:5,6expensive 112:4experience 87:25 91:1493:2 97:8 100:15 102:14117:4 152:19 172:13183:8 184:13,14,15185:11,19 186:11 187:6188:14 212:22

experienced 106:17161:25 163:5 188:19

expert 50:16,22 91:15158:11,16 159:4,6169:12,20,22 175:14178:14 184:13,23 187:1187:8 209:12 213:17

expertise 58:21 186:1experts 62:19,23 76:1185:2 111:22 159:15

expires 286:18explain 49:10 89:22109:18 127:10 196:20216:11

explained 58:6 127:13explanation 109:21112:24

explanations 127:2explicitly 76:5exploits 262:12exploration 97:8 134:4explore 112:5 129:18explosion 107:2 230:8242:15 243:2

exposing 280:12exposure 197:3,21 230:2280:4

exposures 197:15 229:12241:23 249:23

express 87:25expressed 241:12extended 229:23Extension 92:21extensive 105:7extent 117:13 149:9169:7 182:4 205:5

extinction 86:4 87:7extra 181:7extract 136:23 138:12,22222:8

extracted 138:2extracting 222:17extraction 96:21 222:5extreme 105:7,25 107:21extremely 268:20 277:18extremes 106:1,2eye 106:24 108:20e-mail 55:6 202:1 209:8209:10

e-mails 50:15,24 65:1272:25

FF 45:21 286:4,21face 114:7 280:8facilities 117:21 132:9133:1 137:12,13 140:23143:6 196:17 235:3

242:10 252:18 269:8facility 49:21 82:7 132:2132:6 133:3,14,22,24139:18 140:15,18 141:2142:17 143:24,24144:22 152:16 165:18186:4 197:7,10 213:9,13213:25 214:4,10,13,17214:19 216:7,9 217:9218:24 220:6,15 222:22223:3 235:23 237:15245:3,4,24,25 246:15247:4,6,9,23,24 248:1,3248:4,18 249:15 266:24277:8

facility-related 198:24fact 55:12 69:24 74:676:15 81:4 84:19 87:1296:10 117:7 127:11128:10 132:10 136:13136:19 144:19 156:22198:3 210:10 266:18281:4 283:6

factors 73:22facts 95:8Faegre 46:8 56:15,21Fahrenheit 225:2,4fail 280:9failed 273:17,17failure 84:22 282:9fair 57:20 104:8 205:2218:5 252:1

fairly 140:19 164:11174:2 204:25

fall 106:10,13 172:3227:18

falls 144:17familiar 120:15,18123:15,18 132:8 216:12246:10

familiarize 123:21families 271:10family 280:5,9 283:6famous 109:7fantastic 93:9far 56:4 70:10 87:2398:16 100:19 101:8105:13 140:1 146:11147:21 148:6,10 151:14151:14 157:12,21158:24 159:10 166:11

168:10 185:24 191:1192:5 193:16 195:12203:24 206:18 218:23219:15 221:6 225:24228:7 232:14 234:23235:22 236:25 241:21243:19 249:4,23 254:12254:20 257:4 258:21262:17 267:8 275:10

Fargo 46:10farm 114:15,17farmland 275:4 276:2fast 60:11 71:3 73:21175:18

fatal 142:11father 280:1faults 226:16,17,21255:13

features 256:13February 171:9,20 172:2286:18

fed 138:5 198:5 221:12federal 64:8 69:5,10,1569:18,23 70:5 76:478:24,25 79:5 87:3,6100:24 109:16 115:19149:3,8 170:7 172:18213:8,24 214:9 216:9

federally 64:5,10 68:23Feds 99:16feed 261:3 269:9,11281:8

feeder 221:12feedstocks 197:3feel 49:22 88:5 92:10feet 92:6 141:16 145:16150:23 167:1 199:5,8240:3 254:10 272:23,25273:1,14,14 274:6,7,15274:19,20

fell 92:4felt 163:25 164:5 207:5fence 174:20fencepost 148:16fencing 145:14fertile 275:4field 49:25 90:23fields 111:23 208:13259:10,22 263:11,12,13

fighting 106:21 282:13figure 83:10 107:4,5,23



111:3 154:12 203:7204:1

figured 90:15 224:21Filas 48:11 56:17 57:1757:23 62:17,23 65:24130:15,15,17,24 145:20151:21 152:22 153:9,19157:9 158:21 160:4,10160:13 169:12 175:14176:13,15 178:13 185:1185:3 187:1,5,16 201:8202:20 204:3 206:6,17211:2 213:22 251:21252:1 278:8,11,15,17

file 124:1,5 125:1,4,7,10125:18,25 128:12 165:1209:20

filed 58:15 59:18 71:1472:21 172:15 205:7

files 127:19filing 156:3 210:12fill 51:6 240:8 259:2filmed 52:8,9filter 238:1,12,25final 195:17 209:19 245:7246:16,19 257:11265:25

finalized 209:2 245:10finally 53:13 61:7 212:20216:5 217:5,5 219:19228:2 231:8 281:22

financial 61:6 148:24162:7 281:19

find 75:3 79:18 112:23117:21 118:14 136:19142:13 164:17,23 174:1198:10,11 200:6 202:19239:2 243:16 247:4278:22 279:12

finding 59:9 152:20findings 117:7finds 74:12fine 52:10,11 104:20152:1 155:21,23 176:7258:19 274:7 283:20

fine-grained 212:18237:23

fine-wire 145:16finish 153:2 211:4 251:1fire 91:18 106:21 107:1108:21 242:14 273:8

firm 56:14firms 133:10,11first 49:13 56:3 60:2371:25 74:12 82:4 88:1090:7 92:12 94:10 102:19106:8 119:22 121:19122:2 130:25 131:13138:19 140:11,12 156:4167:8 171:22 180:9188:3,23 199:5 200:11204:4 222:8 234:3 237:5245:11 251:4 256:24257:5 263:18 281:7283:11

fishing 93:11fit 158:15five 97:24 101:19 136:20150:3 154:11 166:25185:7 200:12 207:6258:1 260:2 268:8274:14 283:11,22,23284:22

five-hour 274:12five-to-one 240:20fix 81:18fixed 81:21 273:12flack 139:20flake 139:7,7flammable 197:9 242:15flash 237:13flat 77:22 92:1flavors 103:13flawed 84:18 100:18115:14

flaws 71:9 142:11flip 120:12float 145:21flood 272:7,16 273:15274:4

floods 272:16floodwaters 272:23273:1,5,15,17,25 274:21276:13,15

floor 46:18 160:11 218:2272:23 273:1,14

flow 142:24 225:7 276:3flowed 205:17Flowers 45:21 286:4,21flowing 279:14,15flows 225:8 276:1fly 81:21

flying 70:9focus 85:1focused 85:17folder 124:13,14,18,19124:21,23,24 200:21201:5

folders 124:22 200:20,21folks 51:19 72:7 92:1897:5 114:9 117:15141:24 162:21 168:7178:16 184:6 204:9216:11,25 235:10 263:8

follow 88:25 112:14followed 87:7,9,16 88:1888:22 167:9 168:14170:5 187:25 230:4

following 255:24 281:6follows 103:15 119:23131:1

follow-up 234:3food 146:12 155:20fooling 268:21foot 223:22footprint 235:18 257:11forage 223:25force 90:12 96:24 112:12270:3 282:4

forces 254:17 255:1foregoing 286:10foreigners 99:9,18forever 271:20form 53:8 119:11 123:5167:18 227:3 265:1,24265:25 266:17 286:10

formal 59:19,23 60:791:14

formally 59:21 175:13format 51:4 167:4 168:17formation 212:13formats 55:13formed 150:24 167:16226:7,10,18,18

former 112:3 141:5183:16 252:8 277:1,1

Fort 272:17,22 273:5,13forth 81:13 115:15158:24 172:7,11,19260:10 274:2 286:9

forward 68:20 72:7 73:975:12 76:3 77:24 81:1582:12 83:24 84:17,25

85:2,3 86:6 87:4 120:22126:3 129:7,10 160:9189:17,25

forwarded 202:11found 53:18 94:8,1796:20,23 136:2 141:12145:23 151:10 164:15165:4 171:5 173:16193:1 215:8 218:16,24220:17 223:7,14 226:23228:21 231:10 236:11236:18 239:12 241:16244:5,18 257:2,8,9267:6,9

foundation 114:9 231:25foundations 280:10founding 91:5four 59:19,24 90:12 107:7110:12 163:19,20 172:4182:9 183:23 219:7221:9 258:21 267:11,19268:1 283:6

frame 62:3 129:5 228:24framework 218:8France 95:16 96:19Frank 48:11 56:17 130:15130:24 150:8 160:13,15176:13 185:1 218:8

Frankenstein 82:16,21free 76:17Fremont 100:9frequency 105:13frequent 230:6frequently 106:6,12Friday 52:1 158:12friends 90:11front 52:6 54:23 73:978:22 90:6 167:19168:20 176:16 201:9204:9 244:20 248:13276:22 277:11 279:4

fronts 61:15front-end 220:23front-ended 81:16fuel 135:23 136:1 140:3242:23 272:19 273:7

fuels 45:5 46:12,15 48:1850:20 51:2 52:25 56:1656:19 57:6,11,12,13,1757:24 58:10,14,14,18,2258:24 59:12,17,20,21



60:19 61:10,18,22 62:1463:4 64:3,19 65:7,2366:13,17,21,22 67:2,867:16 70:2 71:11,1873:12,20 74:8,9,11 75:275:6,14 76:12,18 77:1478:22 80:21,23,25 82:682:17 83:1,22 84:13,1988:23 96:10 97:1,1998:4 102:20 103:4108:20 109:8 110:21111:25 112:19 118:1121:8,17 122:3,8 125:2125:19,21 126:8 127:1132:16,17 133:20 134:3134:8,15 154:2,15156:22 158:25 159:2160:22,24 161:2,2,7,8162:4,10,17,22 163:16164:25 177:14,19 179:1179:3,6,22 180:11181:12 187:18,25 197:3199:24 203:9,23 208:2209:25 210:18 240:23240:24 251:4 253:18254:15 255:18 256:15268:17 277:3,13,18,21281:18,20,24

Fukushima 96:19 109:5242:12 272:12 279:3

Fukushima-like 272:11275:1

fulfill 57:17fulfilled 73:18full 78:10 86:18 93:4130:14 179:15 208:9

fully 137:22full-time 179:14,24180:12

function 256:11fundamental 70:17 71:9fundamentally 84:18funding 92:11,13funds 66:25 102:1furious 71:4furnace 139:6 222:19248:25

further 49:11 63:10 118:7127:2 129:19 160:5212:25 225:23 229:23263:10 286:7,12

fusion 222:18future 69:21,24 93:20140:14 262:15 268:18268:23,24 271:6,10,19281:8 282:3

F-I-L-A-S 130:17

GG 49:1gain 282:15gains 276:6gallons 207:18,20,20,24208:6,7,8

garbage 234:11Garden 92:21gardener 91:13Garfield 101:20gas 97:16 101:21,24131:17 145:5 261:14

Gateway 161:20 219:8gather 111:22gathered 94:6Gaussian 102:25 110:2gauze 100:6GCL 232:23,25 233:19,20236:24

gear 106:24geese 271:14general 46:16 51:23 54:389:23 107:19 108:16,23122:19 133:22 189:10230:13 244:7

generalist 181:24generally 109:16 122:21123:18 189:8 224:15225:16

generated 139:9generating 276:17generation 96:8 268:25generations 95:19 271:6271:10,19 283:6

gentleman 152:8gentlemen 178:8geographic 60:17geologists 96:24geology 143:17 193:18223:11 225:24 255:16

geonet 232:19geophysical 91:9 255:10George 161:4,5,10 178:5276:12

geo-composite 232:19geo-synthetic 232:23Germany 96:19getting 51:3 55:1 82:20133:5 168:10 257:20259:15

give 66:13 67:15 75:1580:3 104:6,10 117:5,20119:11 122:23 133:13133:19 158:15 159:9,18159:20,21 163:8 171:14187:12 209:7 223:18261:8

given 158:6 241:8 256:5256:12,13

gives 151:4 259:13giving 49:7 103:25104:18 178:18 214:11277:6

glad 90:17 101:13Glasier 161:4 178:6global 97:2glosses 75:7glove 72:4Glynn 259:22 271:22,23271:24 278:13,16,18

go 49:11,17,24 50:2,3,551:1,8 54:15 68:5 76:377:24 80:8 81:6,12,1581:17 83:24 84:10,2592:13 93:13 98:16 99:999:20 100:14 101:25103:16 104:5,9 108:15112:19 118:9 119:7125:10,25 127:8 129:13138:1 142:12 150:8153:4 155:15,15 156:8157:7 158:5 159:16160:5,8 169:18 175:20180:7 186:23 187:14188:20 194:8 203:22205:6,12 206:9 208:7209:13 220:18 221:2224:9 225:21 229:23232:3 236:1 239:14241:21,22 243:15 248:3249:5 254:12 256:17258:6 259:13 260:13266:15 275:10 277:16278:25 282:5 283:3285:7

Goad 46:17 67:10,11120:25 126:15 127:24128:16 129:4,15

goal 147:22 148:2goes 117:10 138:11,12,16138:24 139:11,14 140:1147:21 148:6 167:19185:24 191:1 216:21221:15,24,25 222:5,18222:22 225:24 235:22254:20 269:1 279:9

going 49:21 51:8,14,1951:22,25 54:3,8,11 56:256:9 73:15 74:13,1976:19 77:10 78:11 80:1582:15,24,25 83:8 85:186:24,25 88:7 96:18104:2 111:10 112:24115:9 116:11 119:2,11121:7 122:23 123:12126:22,24 127:2 130:21131:4 134:23 142:17145:25 148:16 152:24155:13,13 156:15 157:6157:15 159:7,13,15,16165:13 170:4 172:18174:4 178:24 187:23189:17,25 203:7 206:9211:5 218:8 220:19222:3 226:25 229:2235:14 236:5 244:3248:2,5 249:21 250:18250:23 254:22 255:4257:23 258:20 259:25260:6 261:21,24 262:1263:6 273:18 275:18,19276:13,16 278:3,21279:3 283:20,25 284:2285:1

gold 132:8,10,12,14145:24

Golder 165:15good 56:13 67:12 68:684:5 92:10,18 97:1499:14 104:12 107:21113:16 120:1 133:6,15142:5,14,22,25 163:1,3164:24 168:9 170:3176:15 177:2 179:18187:21 188:11 194:21196:8 199:13 217:23



222:15 236:14 246:4249:8,11 250:25 251:15253:11 254:12 277:4

goodbye 98:12good-faith 214:17gorgeous 68:18government 69:10 80:294:23 96:1 108:24109:16 113:13 116:20149:1,3,8,22 280:15282:9

governmental 89:15governments 100:25172:25

grabs 138:19grade 143:6 145:17239:18

gradual 226:19 240:5255:6

gradually 131:14 237:8237:11

graduated 283:13,14,15283:15,16

Grand 262:1 280:2,10282:10

grandkids 100:14grandmother 284:13grandpa 283:8grandpa's 145:8 283:7grant 58:3granted 50:23granting 282:12grape 114:16grassland 223:21gravel 76:1,21 235:8great 85:9,21,24 93:1097:19 103:8 116:7122:18 277:3

greater 69:1greatly 107:19green 92:3 98:20 219:20223:20 254:7

Greetings 87:20grew 274:11grinds 138:10Grossman 47:2 48:750:10,15,23 51:1 55:363:2,13,14,25 64:187:19,20 89:24 103:24104:5,10,13,16,21 105:1119:16 152:22 153:3,5

153:16 200:10,14 202:6202:9,23 203:4,15,20,25204:14 205:10 211:1

Grossman's 158:6,14ground 96:24 103:17112:7 146:11 175:16,23184:25 186:1,14 187:3214:23 221:14 235:15239:25

groundwater 132:2141:14,14,15 143:16175:8 182:7,14 184:10186:3,24 194:21 198:25199:5,8 214:24 215:3223:12 227:20 228:5230:16,21 232:5,8233:24 234:1 252:25253:23,25 254:8,9 277:9

GROUP 45:1groups 80:2 83:21 94:5101:17

grow 238:19grown 284:13grows 274:14guarantee 96:7 99:17280:19 282:1

guaranteed 282:7guarantees 282:5guess 82:11 126:1 135:7158:23 169:16 180:9210:14 255:4 262:9274:8 276:5

guest 52:11guidance 71:16 104:22153:10,11,14 238:12245:21

guide 58:17 102:6 168:17168:22

guided 127:25guideline 168:24,25169:1

guidelines 170:7gun 65:6 232:7gusts 106:23 225:17guys 50:12 67:25 155:15160:6 283:20 284:22

HH 46:12Habas 77:12 117:1habitat 98:11 174:7,10,21

195:22 224:1,2half 140:18 148:21234:13 256:2,18 280:14

half-life 135:19 242:22hall 50:4hampering 263:10hamstrung 83:17hand 72:4handed 200:12handle 75:5 146:24168:10 181:24 188:17194:14 210:6,7 221:10236:2

handled 189:9 195:10231:7

handling 101:21hands 118:15 147:1260:3

handshakes 73:1hands-on 184:14haphazard 102:19happen 72:16 75:11 81:485:12 86:22,24 97:18100:13 146:21 217:4243:16 271:15 272:14273:23 278:1

happened 99:22 108:11273:4 275:2,3,16,16279:3,10

happening 76:25 272:9happens 86:23 100:12216:12 220:19 269:14

happy 63:25 101:22155:20

hard 86:10 87:3 119:15159:18 168:8 201:7,12206:4 209:6,7 251:24255:24 270:12,13

hashing 112:17hate 205:10haulage 92:5hazardous 270:1 281:5hazards 256:14HDPE 232:18,19,22238:11

header 96:12health 46:19 57:1 88:9,1388:15 89:6,6,13,14,17101:2 113:11 117:3,10146:1 163:1 167:11193:21 196:23,25

198:17,18,21 228:18229:10,14 242:3 244:5,7244:10,11 246:3,9,11247:22 253:12 264:14270:21 276:23 281:3

healthful 84:13healthiest 89:3,9heap 132:9 212:16 252:8hear 51:17 54:14 63:2570:20 90:18 169:8 176:8

heard 52:8 68:16 82:486:17 206:10 207:11234:4 241:12 257:18284:1

hearing 45:3,18 49:3,5,950:21,21 51:5,12,1852:5,14 54:22 55:9,1655:22 56:7,23,25 57:858:1 61:19,24,25 62:1,562:8,13 63:11 64:1365:21 66:6,12 67:3,5,1067:22,23,24 68:3,2169:2 70:14,19 71:873:23 75:23,25 78:10,2379:20,21 80:19 81:1584:17 85:5 87:15,1988:17 91:16 102:11103:23 104:3,8,15,24116:5,8,13 117:1,4,6,23118:5,22 119:1,6,18120:8,24 127:8 128:1,6128:11,19 129:17 130:1130:13,16,18,23 145:18147:2,11 151:22 152:1152:11,14,24 153:4,20153:22 154:7,8,14155:10,21 156:2,7,11157:14,20 158:1,5159:24 169:6,18 175:25176:4,12 180:6 181:11184:18 187:5 199:21200:3 201:1,10,17,23202:3,8 203:13,17204:18,21 205:4,25206:8,15 209:5,18 210:8210:16,25 211:3 213:20217:20,24 218:2 250:6251:19,23 256:1,20258:19 259:20 260:5,13263:5,11 264:1,8,17,24265:8,10,23 270:24,25



271:22 278:9 279:23282:16,25 283:3 284:25

hearings 52:9 60:8 77:14171:12

heartland 275:1heavier 114:5heavily 161:5heavy 273:22height 280:22held 60:3,12,17 62:1,2116:16 167:20 271:25272:23 276:21

Hello 279:24help 55:18 81:12 90:1095:7 113:13 281:6

helped 51:24 57:11,2458:17 186:22

helping 92:14herd 271:14hermetically 145:9,10high 92:14 103:8 143:8216:2 274:18

higher 105:16 136:21138:22 146:5 195:2225:10,19 248:12

highest 72:9 89:4,10197:17 275:13

highlight 99:3 203:5highly 216:4highway 53:20,22,24101:9 137:18 140:9143:2 194:13 219:9,10219:16,17,17,22,22

high-density 232:18high-level 243:6high-paying 99:9high-strength 136:24hiking 271:12HILL 165:15 207:14Hillary 155:19hire 92:22 188:12hired 134:12 161:11165:14 188:5,7,21 196:4

historic 137:20 146:22193:19 195:5 197:18240:2 248:11 249:1281:1 282:9

historical 173:24historically 94:8 253:7history 77:21 93:15190:25 212:22 265:16

279:9hit 82:11Hmm 273:22hoc 111:14 112:20hocus-pocus 205:8hold 159:16holdings 268:16holds 163:8 259:18holes 164:23 255:9hollow 145:21home 113:14homes 280:11honest 164:16 203:5254:19

Honeywood 252:11Honor 51:11 56:14 67:1173:10 77:6 104:13118:17 119:8,14 126:15127:7 130:8 134:21146:23 151:18 152:7154:6 157:22 169:3,16184:20 186:25 202:2205:23 206:13 211:1

HONORABLE 45:18Hoover 261:2hope 114:19 115:15120:24 279:19

hopefully 71:20,21hopes 74:11Horizon 86:20horizontal 107:12,14horn 271:14host 204:23hour 76:12,13 106:23121:15 130:5 225:16,18

Hourly 179:8hours 49:21 92:2 122:13274:15 285:2

house 280:2housekeeping 249:12houses 145:5housing 196:17huge 198:17 199:6204:12

Hughes 90:9hundred 99:6 100:13108:4

hundreds 64:22 255:5hunker 106:18hunting 93:11 98:12hurry 251:2

hybrid 103:14hydraulic 227:8 233:17hydrocarbons 250:10hydrologic 253:20hydrologist 183:21208:4

hydrology 182:15 183:23184:5 223:12

hypothetical 106:7,14

Iidea 99:14 151:4 157:19163:9 248:19,20

identification 115:16identified 69:12 75:2128:24

identifies 191:19identify 122:25 123:1218:16 223:6

identifying 66:17ignored 264:14ignores 75:8II 45:3illegal 86:15imagine 63:20 119:2247:3 273:22

immediate 74:7 113:6114:6

immediately 60:2593:23 143:14 165:22219:21 241:9

imminent 280:8immobilization 253:22impact 57:15 67:18 75:878:6,14 79:18 80:1782:1 84:16,23 108:22190:14 191:12 199:20203:11 230:7 261:10262:7

impacted 252:25 263:15impacts 69:21 70:1074:10 77:23 84:9,1199:1 140:24 143:3,3151:1 168:4 174:8190:10 191:8,10,12193:13,16,24,24 194:1,3194:19,20,23,25 196:11196:12,22 197:1,5,12,23198:24 199:11 206:19220:4 228:12,13 230:1232:5,8 233:24 234:22

243:4 256:7 261:24262:4,25 281:7

implement 265:13,14implementation 79:8import 169:4,14important 64:14 68:1574:19 75:10 78:5 111:6112:17 142:3 151:13235:5

Importantly 105:24impose 160:8imposing 158:25impossible 73:2impoundment 139:12139:17 232:14 239:25249:6 269:17,19,21,22269:24 270:6

impoundments 132:10145:14 182:7 240:3,11241:2 249:4 269:15270:11

improperly 86:8improve 88:14 174:21246:7

improvement 115:5174:7,10 195:22 238:20

improvements 89:18improving 96:9inability 55:11 265:12inappropriate 102:25inappropriately 86:3inches 166:25 224:22,23224:24 274:12,13

incident 243:7,24 279:7incidents 230:14incised 164:12include 113:23 132:19185:15 223:9 229:24

included 144:9,25145:12 149:16 167:12174:10 190:24,25 191:6193:17 197:2 219:1220:3 223:9 229:9255:15

includes 74:14 110:6138:13 148:9

including 67:7 69:17110:3 112:18 113:16140:22 161:13 183:14215:3 262:6

incorporate 61:11 257:25



incorporated 141:2144:23 189:11 238:10

increase 66:23 92:14 98:899:11 142:20 194:12281:14

increased 97:25 181:10194:5,14 238:16

increasing 107:11,12,13incredulous 109:10incremental 197:19independent 156:22index 48:1 154:3 168:20India 96:20indication 123:4 126:10268:9

individual 107:15115:24 123:9 129:1278:20

individuals 249:16indulge 107:3industrial 136:3 137:1industrialized 98:8,1598:18

industry 95:25 96:4131:13 132:11,11,12,14136:14 161:13 234:8269:13 279:1,21

inexpensive 136:17inflatable 273:19,20influence 207:7influenced 86:9inform 174:4information 59:20,23,2560:1,20 81:21 83:1594:6 167:14,19 187:9190:8 205:16 218:16223:7 247:10

informed 54:23 79:23ingest 146:11inhabit 90:4inhale 146:12initial 59:1,5,9 65:20150:3 165:1 166:23168:13 170:24 172:22183:1 242:20

initially 97:9 163:19252:3

injunction 69:14inner 270:12innovative 89:16input 60:2,16,22 71:15

115:19inquired 53:14inside 114:24 221:21inspect 241:1,6inspecting 241:4inspections 240:25instance 97:11 100:11108:2 114:13

Institute 91:2instruments 112:7 137:2insufficient 66:25insurance 148:24intended 209:15 264:15intense 100:5intent 268:5intents 268:6interest 45:17 47:3 84:1287:23 93:19,24 102:3

interested 57:10 60:1461:20 63:4,5,6 97:5111:9 204:17 246:12286:14

interesting 53:18 87:2490:18 162:3

interests 88:2 94:20102:4 114:25 115:1162:7

interface 239:19interim 237:5,18 270:8270:18

Interior 109:17intermittently 106:9internal 65:12 156:21,21internally 78:9international 94:2595:14 112:5 161:22162:14

Internet 55:10interpretations 127:3interpreted 148:13interrogatories 64:17interrupt 169:24intersection 101:10interviewed 276:16introduce 56:16 126:9131:5 209:3

introduction 102:10116:1 133:20 190:24237:2

inundate 273:18invalidate 80:17

invested 58:23investigate 225:23277:20 279:19

investigated 278:4investigation 100:2226:23 278:19

investment 83:7 96:1269:2

investor 95:24investors 83:6 162:13263:6

invigorating 87:24invisible 72:19invite 50:12invoice 123:7 125:18invoices 124:1,2,18125:21 128:20,23

involve 243:22involved 87:21 92:21101:3 112:10 114:21,25124:11 131:19 132:5149:12 161:5 165:5178:15 186:23

involvement 60:4,5142:8 170:14,17 171:1

involving 243:20in-camera 49:14,15154:20 155:8 156:3

in-place 132:6in-situ 212:9Iran 95:16Iranians 97:6Iraq 95:16irresponsible 86:16Island 109:5 279:7isolated 95:2isolating 257:8isolation 253:22 255:19256:6,10

ISRs 189:19issuance 84:21 264:10issue 63:24 66:19 71:575:17 84:25 93:3 95:5130:9 141:19 205:15,17205:20,20 210:22,24254:19 264:16 266:10270:22,22

issued 59:19 60:22 62:1069:15 78:13 265:7,24,25

issues 49:11 50:14 61:4,562:20 63:14 64:1,12

65:14,15,15,23,25 66:566:10,15 67:3 71:7,2275:13,18,20 81:18 94:1102:8 117:9,24 130:6153:24 156:6 158:4159:19 172:10,19 174:1175:17,23 184:25 186:2187:4 188:20 190:4204:13,23 218:11 229:3245:25 246:11 251:17252:14 255:20

item 261:16items 144:7 186:13

Jjacket 56:8Jaczko 276:12JAG 45:2James 46:9January 171:8 225:3Japan 96:18Jeff 68:9 124:11JEFFREY 46:5Jerry 46:17 246:9Jim 56:21job 102:22 116:16 133:4133:6 161:16 169:15188:11

jobs 99:6,9,17 196:6268:22,23 275:14,14281:24 282:1,5,6 283:23283:25 284:7,9,21

John 259:21 260:12,12,15260:15

join 54:13 56:10joined 61:2 161:16joint 72:3 91:1Juan 219:13 262:2judge 58:5 69:15 70:1970:24 77:12 85:6 88:193:23 104:22 116:15,23117:1,15 119:11 142:18171:11,11

judicial 45:1 115:8,10116:20 117:4 209:19

July 93:3 143:13 165:23225:2

jump 73:15 111:5jumped 236:20jumping 232:6Junction 280:2,10 282:10



June 62:11 162:19junior 134:18Jurida 252:7jurisdiction 69:17 79:12116:24

justify 275:15

Kkayaks 91:12keep 50:7 52:20 55:176:24,25 81:10 96:15122:7,16,21 124:17125:1 145:17 170:4211:7 240:4 249:12283:24

keeper 91:13 260:18,19keeping 82:12 115:18249:7,10 284:18

keeps 233:16kept 124:18,19 125:7231:4 269:10

kerosene 138:18 242:16key 83:23 136:4 167:22188:18

kids 283:14,14,15kilometers 103:5kind 52:25 53:7 65:6 70:470:5,23 74:20 75:1182:15 101:1 105:21116:15 124:6 133:16134:22 151:4 159:4163:4,12 170:25 173:17180:20 185:4 189:20192:3 200:3,5 230:3235:9 237:1 238:21240:25 285:6

kinds 72:5 275:7,23Kleig 92:2Kleinfelder 102:21158:16 165:15

knew 165:11,13,19 173:5203:8 208:8 230:14

knocked 273:7know 51:15 52:22 53:1,353:6 54:2,3 55:15 56:2367:25 68:19 70:23 77:777:21 80:6 81:11 85:2586:1,2,24 87:1,17 105:1106:1,17 111:19 113:12113:15 114:8,13 122:5124:4 125:15,20,23,24

127:17 129:2 142:6,10146:24 147:25 152:2,12152:13 157:7,15 159:22160:23 163:5 165:3,4168:12 169:13 171:12172:25 173:20,23,25182:22 190:2,5 197:14198:3 200:6 201:3202:11,12 203:21 204:7206:18 210:8 212:3,21216:1 225:21 231:23234:11 235:5 243:15245:8 250:21,24 255:11263:7 266:23,24 272:14272:15 277:5 280:17,20284:3,19

knowing 86:14knowledge 72:12 77:7172:21

known 70:16 109:11knows 96:22 178:19282:12

Korea 95:16

LLa 161:19 251:10 262:3263:17

labeled 200:21labor 52:23 90:10Laboratory 90:25 245:4lack 101:25 110:23laid 75:17 76:6 127:22190:2,23

Lake 219:25Lakewood 46:14land 64:8,8,9 69:17 73:1693:13 94:15 102:15114:14 137:19 193:17217:7 218:14 239:22240:15 252:4 255:21256:9 279:10

landing 145:22lands 69:5 260:21landscape 68:18 72:1772:20 93:10,15 98:8,1698:19 113:9

lane 194:16language 79:3lap 59:13large 63:16 96:20 112:4117:18 136:6 138:8

140:19 162:6 191:10197:7 206:21 227:6229:1 236:4,6 238:4,19243:6 250:19 257:6

largely 221:19larger 113:19 133:10227:11,12

largest 135:12lasted 268:8lasting 106:2lastly 53:3late 141:10 161:3 163:18165:5,6 204:8,11 238:9257:20

latest 238:14laugh 92:5law 46:2 56:14 68:7 70:570:18 78:25,25,25 85:8117:8 146:19 147:9,14150:5 171:11 173:7195:11 213:9,16,24

laws 72:10 78:8 81:4lawsuit 124:10lawyer 104:25lawyers 49:18 88:1116:14 154:11 169:8184:1 205:18 260:8

lawyer's 160:12lay 50:9 70:14 73:8 83:2085:3 189:8 218:14

layer 102:15 238:1,3,4,12238:17,18 257:25

layers 221:20layman 192:25layman's 192:20layperson 111:9leach 132:9 212:9,10,14212:18,21,23 213:1221:16,17 252:8

leached 138:12 252:8,9leaches 212:16lead 62:17 112:10 127:17133:2 282:13

leader 89:12Leadville 146:14leak 144:13 232:20233:10

leaked 97:10learn 245:18learned 93:14 188:15284:14

leave 54:25 97:22 271:18282:20

leaves 151:9leaving 145:4led 85:10Lee 201:13 259:10,22270:25 271:1,1

left 97:15 107:10 205:20221:25

legacy 216:21legal 46:13 56:20 109:23147:5,14 169:4,7,8

legislatures 262:10legitimate 81:13 266:17legs 117:20length 112:12lengthy 172:4lesser 149:9lesson 107:3lethal 280:24letter 93:24letters 265:19let's 60:4 95:8 105:3117:19 153:20 154:7,10154:24 160:4,19 180:7187:17 191:15 198:10205:12 217:24 223:18236:22 241:20 250:14

level 148:22 242:12,13251:18 257:13 276:14

levels 63:21 197:17,18,18197:20,21 215:20 216:2248:6,7,12 249:10,12,16

library 205:7 206:5,9license 45:6 57:2,6,9,1458:3,11,15 60:8,22 61:761:8,14,19,22 63:1965:1 66:21 76:1 80:2084:21,25 122:6 143:20150:21 151:5 153:13167:16,22 168:6,18,20185:6 191:25 193:3,4,10198:1,5,12,15 202:20,21202:25 203:2 204:12208:20,24 213:10 214:1214:1,18 217:12 223:9223:15 231:11 239:6241:8 249:25 265:24,24266:1,2,5,10,11,13,16266:21,22 282:13

licensed 60:23 75:15



187:6licensee 264:25 266:23licensee's 73:12licenses 263:20,24 264:5licensing 57:2,4 60:562:11 63:20 65:18,2068:21 70:25 76:3 80:1884:20 117:11 134:1151:10 185:5 266:9

lies 115:24 116:24life 67:1 112:3 140:14174:17 261:20 270:22280:1 282:14 283:5

lifetime 109:12life-saver 92:4light 101:10 158:23 210:9281:4

lighting 143:9lights 92:2liked 252:20limestone 212:24limit 127:16 166:14,17239:22

limitation 187:14limitations 73:19limited 73:25 74:5 175:5limits 214:24 215:18,19237:6 249:24 262:18

Lincoln 46:10line 148:8,14 155:3,3199:9 213:15

liner 144:12,14 232:15,17232:18,22,23,23,25233:2,3,12,14,17,22,23235:21 236:24,24237:10,22 238:10,11

liners 199:10 233:5lines 53:9 259:2linger 276:3link 55:5 145:15 203:1linked 71:9 124:20Lisbon 251:8 263:17list 80:7 157:5,5 158:9181:17 200:20 209:4213:7,23 217:6,11 244:4258:21

listed 49:12 197:25211:22

listen 54:12 67:19lists 154:16 202:15literally 100:15 277:17

litigants 111:16 126:6litigation 73:17little 70:22 88:7 93:1895:7 96:3 107:3 131:6140:21 145:25 157:24158:9,19 161:1 163:15166:20 175:18 179:23187:9 189:6 190:8192:23 199:19 204:2207:11 221:4,17 222:1222:16 225:8,10 228:10229:19 231:22 235:25236:21 237:15 239:15249:21 252:12,13257:16 258:4 267:16268:7

live 62:19 68:12 85:1889:9 99:19 113:15,16141:25 146:5 201:24202:4 260:16 263:13267:3,11 268:20 271:1271:24 284:15,16

lived 89:25 90:1 94:13268:19 271:2 274:10279:25 280:1 283:9

lives 280:5livestock 174:20living 98:6 109:19 146:7148:5 253:3 260:17

LLP 46:8loader 220:24local 63:21 89:6 90:1092:19,20,22 95:11 96:998:2 100:20,21 152:8161:4 172:25 196:5213:8,24 217:7 251:18268:21

locally 92:22 95:7 114:21locals 99:19 100:13 282:5located 137:14,17,18140:23 161:19 225:6,13228:19 253:25 254:1

location 53:15 133:22141:22 222:11 242:1

locations 227:21lock 83:23locked 156:17lodge 250:3lofting 110:13log 154:15logical 167:7

logistics 160:19,20long 53:23 80:7 93:1594:9 129:2 135:18 151:3189:2 190:17 206:24242:22 250:18 254:17255:2,5 283:10 284:24

longer 94:19 261:15269:21,23 270:3,6

long-range 193:13long-term 74:10 75:176:22 84:9 164:14216:24,25 256:7,13

look 53:25 54:2 74:7,8,1374:19 80:10,16 81:885:3 86:10 87:3 95:8123:12,20 125:25 126:6140:7,16 141:4,9 142:10142:16,19 151:14153:15,23 155:2 156:3,8164:2,20 165:12 169:13174:23 188:25 201:3204:25 205:6 211:18226:21 243:17 245:21251:7 255:4 261:17,23279:12

looked 79:11 141:3143:23 144:1 150:5151:1 153:10 157:21163:19 164:9,22 166:15168:16 170:7 191:2193:15 196:10 197:14197:20 198:2,6 199:16202:14 212:1,1,3,6,7,16212:20 213:2 227:11230:4 243:18 248:10251:13 252:2,23 253:24254:1,2,3 256:24

looking 53:23 65:6 73:373:24 74:3 83:22 90:897:2 127:12 129:7,9144:8 146:16 164:21165:11 193:8 194:8200:4 202:9 224:11245:12 247:24 253:2257:7

looks 97:4 166:21 211:16224:4 229:10 265:16

loose 73:4 274:16lose 282:15loss 107:19 195:23lost 275:3

lot 71:16 72:12,18 83:2083:20,21 94:19,20,2196:9 97:11 104:5 131:19131:25 132:12 133:8,9141:5 144:7 146:2157:15 162:7,20 163:21188:13 194:1 196:13204:11 210:10 223:16240:15 248:13,20251:10 252:21 253:10262:18 274:22 283:18

loudest 143:10Louis 47:2 89:24love 271:11low 108:6 147:20 197:22233:17 247:19 248:7

lower 79:6 105:14 197:18239:1

lowest 249:12low-cost 79:11 84:14low-level 243:1low-profile 143:6Lucas 46:9 48:4,12,12,1356:6,13,14 130:21 131:3135:1 147:6,10 150:8151:17,25 154:5 157:22160:14 169:11,21 170:3170:5 175:9,20 176:8177:3 178:12 180:4,22185:2 186:25 187:15,16199:21 200:1,7,11,16201:4,15 203:1 204:15206:3 207:10 208:25209:6,15 210:14,19211:6,7 213:19,22217:22 218:4,13 256:3258:15

luck 274:25,25lunch 49:21 130:5 152:6152:10,17 155:15,24156:10 158:3

lunchtime 151:18,20152:5

lung 280:4lurk 275:18Lyons 46:6

Mmachine 138:8machinery 205:9magic 100:4



magnesium 144:25main 45:20 46:3 102:3186:21 242:13

maintain 147:19 249:23258:4

maintained 125:6 269:6maintenance 216:23245:5 257:14,17,22258:5,9,13

major 98:10,11 103:9106:15 219:24 242:9,18248:11,25 263:4 264:9270:22 271:5 281:16

making 58:2 68:14 70:6114:21 116:14 152:18170:1 178:15 249:22

man 114:13 155:17277:11

manage 171:12 280:17280:21,23

managed 80:25management 69:18107:4,7,18 108:14149:25 162:20,23 184:9186:8 192:21 193:22

manager 52:3 132:16177:15 277:1

mandates 87:3mankind 280:23manner 76:3 81:10124:16 125:6,11 159:8196:19 242:6

manufacture 137:1man-camps 102:1map 53:23marked 200:18market 94:25 95:15 97:3Martinez 69:15massive 91:22 95:25master's 131:10 181:20match 284:9matched 163:21 164:18material 50:25 108:25110:13 135:17 139:11182:24 191:20 192:5,18193:2,5,6 208:19 213:8213:24 214:8 217:2226:11,19,20 230:25263:22 269:10

materials 45:6 57:6 63:1966:3 127:24 128:3

139:23 192:11,22 193:1198:4 205:18,21 223:1226:14 231:1,4 280:5

math 234:12Matt 46:21 85:13matter 45:17 64:24173:14 210:23 213:16254:24 256:6 266:20

maximum 73:25 113:7144:20,21 147:23 208:8225:17 235:23 236:2

maximums 148:1mayor 51:19,21Maywood 77:13may-call 158:9McMullen 70:24mean 53:7 87:11 142:12155:12 179:11 225:7244:22,23 276:9 279:5

meaning 75:21 250:3means 89:16 113:23183:11 260:19 261:6269:21

meant 72:10 81:3 126:24192:25 207:24 257:19

measured 229:20measurement 234:18measures 133:23 151:2197:13 199:14

mechanical 49:11 117:24119:9 130:4,9 152:25

mechanically 212:10,19mechanics 125:11154:24 166:21

media 49:17median 105:12,16mediation 116:18medical 98:9 136:2196:17

meet 71:1 78:23 84:23141:6 147:23 164:7,14229:13

meeting 171:19 172:10212:4 250:4 271:25276:21

meetings 60:3,12,1661:11 122:25,25 165:4171:7,10,16 204:5

meets 72:9member 51:23 52:23,2491:6,8 116:18,19 229:17

260:20members 52:15 61:2063:7 83:18,19 85:22123:9 204:16

membership 68:12memos 156:21mention 234:4 263:1mentioned 58:7 67:1280:1 81:2 142:19 150:20186:14 194:15 220:6224:18 228:5 239:8242:2,20 255:22 256:24

merely 250:4merged 162:15merger 135:4mergers 135:3,8mesa 82:18,18 90:3,791:18,24 94:13 97:899:13 102:2 113:24135:6 140:4 141:15143:25 162:25 195:2223:23 224:3,3 225:13225:14 267:4,11,18269:6 270:11 286:3

mesh 145:17mess 92:7,12 97:23met 73:12 77:16,17 79:181:24 84:19 87:13 99:22144:12 148:15 166:3167:3 189:14 190:1,2192:2 224:17,18 225:5256:22

metallic 139:7metals 138:16 222:4meteorological 91:9,10166:7,12 223:10 224:19

Meteorologist 91:11meteorology 90:23143:16 225:20

method 115:17 128:25methods 84:11 238:14metric 107:17Mexico 79:7 98:17185:15 186:18

microphone 260:1middle 159:25 216:1272:15

Midwest 139:25 272:5274:4,9

mid-November 172:6mid-2007 141:10

migrate 235:14Miguel 61:2 63:2 66:7,2492:6 98:2 113:23 163:22163:25 173:11 219:10219:12 271:7

mil 234:7,9,10,14,14MILDOS 102:20MILDOS-AREA 148:20158:21 229:18

mile 109:5 137:18 143:2279:7

miles 91:21 92:8 100:14100:14 101:19 106:23137:15,16 141:24 142:1148:19 199:19 207:6215:13 225:16,18 235:1253:4,5 254:11,25260:24 267:11 272:18272:20 275:4

Milky 100:6mill 45:6 49:6 53:6,1557:7,18 58:12 60:23,2362:15 64:9 67:1 69:3,2373:20,21,23,23,24 74:474:5 75:4 82:15,17,1882:18 83:8 85:9,23,2486:13,15 88:20 89:2095:5,12 96:15 97:2199:7 100:1,12,19 101:9101:19 103:2,6 105:22106:15 107:2 108:10,21108:22,25 109:13 110:1110:13 111:15,21,21113:18 114:3,4,6 115:7123:25 132:2 133:1,14133:16 135:6,7 137:6,14138:3,6,7 140:4,10,11140:14,17 141:6,7142:22,23 143:2,4,25144:4 146:19 147:21149:10,10,11,17 150:12151:15 161:24 162:25163:17,24 164:1 167:10174:17 175:4 182:12184:11 187:18 189:1193:14 194:2,6,11,11195:13,14 196:5 198:17199:11 207:16,19 208:1208:3 212:19 213:3219:11,14,18,23 220:14220:16,20 221:5,13



222:24 224:3,12,13229:9 230:7,18 232:8,13235:7,18 244:4 245:10245:14,17,18 246:24247:18,24 248:1,12,13248:16,17,18 249:17251:15,21 252:12253:16,17 254:7,21263:16,21 265:17,21267:4,11,12,18,18,19268:14,18 269:3,6,7,17270:23 277:10,14 280:7281:13 282:3 283:12

millimeters 234:5,7milling 69:21 102:12134:5 161:6 261:25262:16 268:12

million 66:23 97:22,2498:1 99:13 136:5,6226:24

millions 103:14 226:8269:2

millirem 146:9,17,18,20147:22 148:1,3,8,11,21

mills 58:20,21 85:10116:4 132:1 146:22147:16,25 149:4,5168:19 182:25 189:6194:17 248:14 249:1265:16 266:10 267:25270:2

mind 115:19 238:22239:25 279:11

mine 56:9 116:11 131:13135:17 137:22 161:17161:18 188:9 198:18212:10 219:1,2,8 220:7221:2 229:14 242:21277:15

mined 95:11miner 94:10 132:9,13283:8

mineral 99:15 137:24216:2 253:10 269:8

mineralized 216:4minerals 138:13,14miners 99:6 162:23 196:6mines 77:4 85:10 94:14131:21 132:19,19 135:4135:11 136:20 137:7,21137:24 142:3,4 161:19

161:23 162:16,16,18163:11,12,13 182:25215:7 219:2,12 253:6267:20,23 268:1,1,2,5268:10,14,15 269:3

mines/mills 96:22minimal 99:5 227:8minimization 255:20256:9

minimize 140:24 242:4244:1 256:25 257:11

minimizing 254:16257:4

minimum 87:8,13 96:15144:13 258:10

mining 46:5 68:10 69:569:21 77:23 93:14 94:21131:9,12,17 132:7 134:4134:18 145:24 161:6182:20 191:1 261:13,13261:13 262:1,5,16263:15 268:11

minor 81:17minus 108:4minute 58:6 103:23207:19,20,21 208:6,7,9

minutes 111:4 117:19154:11 217:25 258:20273:9

missed 267:8Missile 90:14mission 88:8,12,13,18,2289:1 90:16 102:5 113:3

Mississippi 274:10,13276:1

Missouri 272:6 274:14275:25 276:15

mistakes 58:20,23mitigate 174:7,15 195:20195:23 207:4 269:22,24281:7

mitigation 107:20,24108:7,16 151:2 168:4190:11 191:8 193:16270:15,16

mix 273:4mixed 248:20Moab 132:6,7 141:6260:16 263:13

model 89:15 102:19103:5,12 110:11 112:14

229:18modeled 102:17modeler 158:8modeling 102:7,18103:21 105:4,9 109:13110:2,10 148:19,20,21158:22

models 102:25 110:19modern 141:7 144:1moisture 274:16moment 154:23 156:18209:17

monetary 276:6money 109:6 111:25150:9 216:25

monies 149:20monitor 66:16 207:3230:16 235:11

monitoring 110:21 151:2168:4 175:6,8 186:7191:9 193:17 194:23215:9,11 223:11 227:21230:15,21,22 244:12249:14

Monogram 97:8 102:2Monok 133:7 180:3month 112:22monthly 83:13 105:8110:4,16 122:13 179:10

months 61:3 90:5 164:19Monticello 219:16Montrose 73:16,19 98:2499:12,13 113:20,24114:13,19 134:6 171:9173:6 196:3 206:5,6,25271:3,7 276:22

moon 100:8Moore 46:12 56:19 152:7152:13

moot 217:1morning 49:4 56:1367:12 68:6 120:1 158:7207:12

mother 284:13motion 154:18 204:22motions 127:10 129:24mountain 46:7,21,2452:24 61:1 63:1 64:2164:25 65:5,14,22 66:368:8,11 75:22 83:1885:14 89:8 93:11 118:1

132:23 173:14 210:11210:20 215:1 263:2

mountains 103:8 262:3Mountain's 64:23 65:25move 50:2 79:13,15 86:6175:10 176:5 182:23,24187:17 206:17 218:6223:18

moved 131:14 226:23moves 75:11moving 50:7 73:8 81:2387:4 163:14 211:7220:11

MSHA 244:8 246:9muddy 235:9mulch 257:25multiple 80:1,2,2multiple-page 191:11multitude 65:10mundane 152:2muster 78:24M.S 90:20

NN 49:1naive 280:25name 51:18 52:21 85:1389:24 101:6 130:14,17161:8 225:25 226:4230:17 251:20 259:2,15259:17 260:11,15263:13 271:23 276:11278:4 279:16,24 282:22282:23 283:1

named 185:15names 259:9 260:6narrative 130:19narrowly 86:9national 87:2 91:1 195:4262:22 269:25 281:10

nation's 95:13Native 94:10natural 85:20 86:1297:16 146:2 148:4234:24 253:20 254:17255:1

naturally 135:14 136:18232:3

nature 103:3 256:13274:22

Naturita 93:20 95:2



113:6,19 114:11 137:15137:16 152:18 164:4,5173:20 219:14 252:12

Navajo 186:19 279:10Navajos 279:13near 161:18,19 199:17219:20 239:19 268:17268:23,24 272:4

nearby 185:7nearest 141:25 148:12,14148:18 199:18 229:21253:4,4 254:10,25

nearing 262:23nearly 280:14near-by 91:19necessarily 124:20 167:4208:21 243:24 250:9

necessary 67:20 78:24127:3 150:6 153:17208:14 217:7 244:25245:19

need 54:1,24 78:16 84:788:6 149:3 153:23 157:9169:25 190:25 205:4251:3 259:1,12 261:23262:19 263:9 276:7282:20 285:8

needed 96:15 103:11145:1 149:8 153:7165:11 190:8 217:8

needlessly 280:12needs 78:3 79:22 80:2283:24 87:17 101:11115:5 254:23 262:7,14266:24

negative 113:14 196:11196:11 257:18

negatives 91:18negotiations 98:23 160:1neighbor 97:15 227:24neighborhood 174:25190:20

neighbors 207:4 227:23229:22

neither 79:20,21,22101:23 180:6

NEPA 189:2NESHAP 269:25netting 145:12Nevada 145:23never 126:18 137:22

181:2Nevertheless 64:11new 54:5 55:2 60:2363:12 65:13 69:3 79:780:23,23 82:23 95:2098:17 107:21 108:12149:10 154:3 161:10,24185:15 186:18 192:1210:22 231:17,24 232:2260:20

newer 189:7Newspaper 101:16nice 165:7 224:6 238:22nicely 202:18nickel 158:11night 55:3 70:10 92:398:13 99:24 100:7113:10 225:7

nightmare 282:14Nikita 90:17nine 136:21NOAA's 90:25NOAA-University 91:2Noel 246:7noise 91:20 143:10193:19

nominally 194:7 207:18nonlawyer 88:4nonparties 68:21nonprofit 85:16non-organics 186:10non-radiological 196:22197:1,4,23 228:12229:11 244:9

non-uniformly 105:14non-uranium 184:11normal 59:14 105:6229:4 241:24

normally 188:20Norquist 183:16north 90:4 95:16 101:17272:18

northern 267:21 268:6northward 225:15Norwood 90:4 92:20Notary 45:23 286:5notes 176:20 177:6178:20 276:10

notice 45:16 56:7 78:1380:19 204:18 263:25

noticeable 143:4

noticed 78:10 98:22111:15 215:2

notify 235:10 241:9,11November 45:4,19 49:559:2 72:21 150:21156:14 165:6,6 241:19286:17

no-action 191:4 213:4NRC 79:6,8 144:13147:18 153:10,11168:21,24 216:18,18229:5 233:9,22 238:14244:17,19 258:6 263:22264:18 265:1,1,6 276:11

NRC's 168:16NRC/CDPHE 164:7Nucla 45:20 68:14 92:1493:20 95:2 96:12 113:6113:19 114:11 152:16161:5 164:4 171:8173:20 206:5,9 283:5

nuclear 69:13 94:2295:22,25 96:4,18 132:22135:23 136:1,10,11,14136:15 161:7 162:4,10162:22 163:24 186:17242:10 251:21 272:3,5272:12,20,25 273:13274:17 275:10 282:14

nuke 158:8number 49:9 118:19141:11 144:7 156:24164:5 165:14 173:21177:20 198:21 204:17204:19 207:17 234:5257:1 282:6

numbered 210:13numbering 210:9numbers 77:3numerous 71:7 75:18126:17 176:5

nutshell 163:5

OO 49:1oath 278:14Oberson 282:23,24 283:2283:4

object 146:24 147:4,7169:3 184:23 213:14255:23 256:18

objected 52:10objection 50:18 51:852:8 94:3 147:3 170:1178:12 180:4 184:21210:5 250:3

objections 120:25 126:2126:17,18,21 127:5146:25

objective 257:5objectives 250:17objector 210:21obligation 154:19 258:9observation 55:8 207:2observations 103:6observed 94:7observing 102:14obvious 213:3obviously 66:9 100:18115:12 118:8 153:9155:12 158:12 162:11170:22 173:3 183:2188:18 197:14,16226:21 243:18 257:1

occupation 54:5occupational 193:21196:25

occupy 206:14occur 106:4,9 109:11196:12 197:11 198:1207:5 242:7 243:7

occurred 110:20 146:22174:8

occurrence 242:5occurring 135:14 136:18233:25

occurs 106:6ocean 91:4 102:15October 53:14 200:13247:12

odd 49:21,22odors 143:9offend 55:23 285:1offensive 143:9offer 81:22 175:13 187:10258:23,24 259:3,11282:17

offered 128:8 169:19,22201:25 259:4 284:7

offers 76:9 89:10office 46:16 112:12,15173:24



officer 49:3 50:21 51:551:12,18 52:5 54:2255:9,16,22 56:7 66:1267:10,24 68:3 78:2385:5 87:19 90:13 103:23104:3,8,15,24 116:8,13117:2,23 118:5,22 119:1119:6,18 120:8 127:8128:1,6,11,19 129:17130:1,13,16,18,23145:18 147:2,11 151:22152:1,11,14,24 153:4,20154:7,14 155:10,21156:2,7,11 157:14,20158:1,5 159:24 169:6,18170:11,13,21 175:25176:4,12 180:6 184:18187:5 199:21 200:3201:1,10,17,23 202:3,8203:13,17 204:21 205:4205:25 206:8,15 209:5209:18 210:8,16,25211:3 213:20 217:20,24218:2 246:24 250:6251:19,23 256:1,20258:19 259:20 260:5,13263:11 270:24 271:22278:9 279:23 282:16,25283:3 284:25

officials 115:3offsite 215:8,11off-site 137:12Oh 51:20 155:21 201:4oil 95:13 97:8,16 101:21101:24 131:16 208:13231:9 261:13,13 262:6

okay 52:5 55:19 104:8118:24 122:7 123:17124:24 125:1,17 126:1128:1 129:17 130:1,23147:16 152:14 154:7155:10 156:8 160:10161:1 163:18 169:23170:3 176:12,22 177:13180:14 181:14 184:4,15185:9,25 188:5 190:17193:23 194:20 199:2201:1 203:15,25 207:23208:16,25 209:5 210:17210:25 211:15,24217:24 218:18 223:8

228:16 234:10,16,20236:7 239:17 242:8247:21 250:23 251:2,23252:2,7 257:20 259:20259:25 260:5 264:19276:5 278:13

old 76:1 82:22 89:25102:21 132:1 149:10161:11 189:4 221:18,23235:7 252:9,10

older 189:11 238:20248:14

old-timer 92:17Olivia 46:9 56:14Omaha 272:18,21once 59:2 77:8 96:11138:20 142:15 165:12189:25 216:17 230:18237:4,12 240:22 241:2244:24 246:19 253:8257:9 258:3 269:18282:11

ones 157:1 186:16 201:24212:3 221:18 227:23

ongoing 216:23 270:21online 84:14 95:20Ontario 134:14 140:1on-site 174:9 196:13231:10 242:14

open 55:11 81:10 137:21152:16,18,20 200:19248:21 283:24

opening 48:3 54:17 56:3104:17 116:9 158:7207:12 242:10 278:25

open-pit 277:15operate 162:12 217:8218:24 253:8 268:5

operated 149:2 213:13243:9

operating 135:6 170:11195:14 218:25 220:6222:22 223:3 241:24244:13,24 245:3,4,18,24247:4,6,9 248:11 249:9249:15 253:13 267:4,12267:19,20,23

operation 96:8,16 97:17133:23 149:21 150:4,10150:18 174:16 220:7245:12 267:13 268:10

269:16,18,20 273:25277:16

operational 137:8 230:15241:3 247:14

operations 102:12131:14 132:20 189:21195:16 214:18 219:1,2254:24 263:16,21

operator 135:5 214:16Ophir 50:11 51:6 61:263:2 173:12 271:24

opinion 63:12 110:24169:9

opinions 88:17 94:5102:6 115:12 187:10,10

opponents 57:21opportunities 71:4 92:1697:3 115:17

opportunity 57:10,2258:4 61:9,12,16 63:964:16 65:22 67:15,2370:20,21 87:22 118:14152:25 210:2 263:25264:2,23,24 265:8,10

opposed 256:7option 79:11oral 52:13,15 171:18259:3,11,23 282:18

orange 237:3orchard 91:13orchards 114:16order 54:18 60:17 61:2161:24 62:10,22 72:8135:22 156:14 175:11195:19 209:19 221:14239:22 252:16 259:14285:6

ordered 61:19 62:5,2267:6

orders 214:9,10ordinance 217:8ore 82:19 136:19,23 137:9138:2,2,3,5,9 143:11144:24 146:15 194:5196:7 212:11,17 220:2220:14,21,24 221:2,3,5221:8,10,11,13,24,25236:25 243:20 277:13

Oren 162:5ores 137:7 192:7,9 212:22212:24

ore's 140:10organic 138:17organics 186:10 222:7organization 52:24organizations 68:15 80:385:17 90:24 114:9

original 162:8 198:5229:9

originally 126:23 129:5163:23 166:2 228:17

outcome 77:2outdated 69:11 189:6outdoor 143:8 271:11outdoorsman 91:12outline 188:24 189:10,14189:25

outlined 187:7 189:4outlines 231:1,4outmoded 69:10outset 88:5outside 49:23 114:23283:18

outstanding 214:8out-of-state 137:13overall 163:13overflows 236:1overhead 96:21overheat 273:10overlaid 189:22overlay 189:20overlooked 164:4overriding 256:12oversee 177:22oversized 248:17overview 57:18 62:14133:13 160:16,21223:19

overwhelming 114:2owner 135:5,9 215:10owners 162:8owns 114:14 267:18oxide 137:10,10 139:20192:9,10

O-B-E-R-S-O-N 283:2

PP 49:1package 155:22packaged 139:4,8 222:19packages 252:4packaging 138:25 145:11



222:11packing 139:23pad 220:14 236:25page 48:3,9 84:4 120:9,10120:12 203:3,21 279:4

pages 71:11 72:23 151:3190:18,19 193:25

paid 94:23 149:12 179:7179:10 269:9

panel 277:12paper 93:4 96:12 120:5123:5 168:8 201:20

Paradox 68:13 90:5 93:2098:14 100:20 101:14102:1 105:15 113:20114:8,14,16,18 137:17141:23 164:10 166:15166:16 174:15 215:12226:1,2,5 227:5 243:5252:21 253:1 268:18,19

paraphrase 109:6parcel 137:19Pardon 177:9parent 134:16parents 271:6parks 262:22Parsons 46:5 56:8,1168:9 155:19 156:16

part 98:1 100:1 113:11117:18 134:13,13 135:5142:2 143:22 150:24151:6,11,11,13,13153:21 168:6 173:25175:7 180:8,15,25182:21 185:22 188:18195:3 197:12 200:12,18202:21 209:21 219:2231:24 243:21 247:22262:2 266:13,18 270:3270:13 271:17

Participants 260:4participated 90:13 112:3participation 68:20particles 103:14,16particular 79:16,17105:24 122:22 150:12187:9 209:16 225:12261:20 278:25

particularly 59:15160:18

particulate 102:7 109:14

particulates 102:17parties 45:16 50:9 54:1057:10 61:20 62:21 63:763:11 64:15 66:6 67:468:20 76:17 87:11 111:7117:9,25 119:16 127:24134:25 265:3 286:13

partners 89:7parts 107:18 108:25167:8 171:23 212:8266:19 275:25

party 47:3 57:22 62:2563:8 75:22 85:21 87:2393:19,24 102:3 173:8188:8

pass 78:24 79:6 119:15passed 60:19 91:25261:11

password 130:10Patch 132:8pathways 230:2patient 88:3patriot 92:9pattern 143:24 280:6pave 99:13Pavilion 276:22pay 79:16,17 109:6117:13 170:17 282:6

paying 98:25 99:19payment 180:15pays 98:3 109:5PDF 55:14,20pen 259:1pens 94:12people 51:6,14 52:16,1855:17 57:23 68:17 70:672:2,14,15 76:16,2583:20,20 88:15 92:11,2494:13,20,20 95:3 109:9112:8 113:7 114:3118:19 119:2 122:12,21126:25 129:1 146:3,6161:12,25 162:25179:24 194:10 196:13204:20 229:25 230:14241:5 244:18 246:10248:2 250:24 253:3258:21 259:11,18268:22 272:4 276:5280:12 283:12,18,22284:5,7,8,17,18

percent 134:19 135:18,20136:9 145:7 148:4157:15 239:18,24242:21,25

percentage-wise 157:13percolating 238:2perennial 141:16 199:17perfectly 81:13performance 180:21period 137:8 141:9162:13 171:17 177:13182:9 225:18 237:7270:14 274:13

permanent 69:14 76:2290:2 101:23 139:18175:2 270:9

permanently 139:13195:13,18 267:24

permeable 233:4permission 215:10227:25

permit 63:22 74:3 97:25102:4,18 103:20 105:18105:24 106:5 108:3109:15 110:8,18,24112:15 161:16,24 164:1170:15 183:7 207:1215:18,19 251:17 278:3278:5

permits 80:4,5,5 132:21161:18 217:7,11,16

permittable 212:5permitted 58:13 135:10161:17 163:11,23 189:1214:24 251:14 268:3

permitter 62:18 133:2183:5

permitting 56:18 59:1559:15 63:16,24 80:688:19 89:19 94:2 100:18101:1,7 102:9 111:15,20111:24 112:18 115:4,14116:3 132:19 162:1163:3 169:12,15 172:13175:14,21 178:14181:18,20,23,25 182:13184:22 185:22 219:3230:24 244:18

persist 99:18 101:25person 148:4 158:17170:19 259:14

personal 93:6 100:1personally 274:5personnel 57:11 126:23142:9 173:4

perspective 144:2pertains 178:13pertinent 189:12pervades 267:10petroglyph 99:25pH 138:22phase 150:14,14 247:14248:10,10

phases 74:12Phoenix 220:1phone 52:7 54:8,15 72:25204:17,19

physical 192:16 231:2251:15 252:24

physically 50:2 163:20Ph.D 47:2 90:20pick 53:9 251:25picked 188:15picture 95:17 96:16110:23 138:8 224:10,16261:16

piece 78:5 273:22piecemeal 157:6pieces 78:17 171:23196:15 245:13

pilots 90:17pink 140:13Pinon 45:6 49:5 57:7,1860:22 62:14 64:9 88:1995:5,11 96:7 112:14133:1,13 137:5 147:21163:17 164:16 185:16187:18 213:11 219:11253:16,17 254:7 280:7

pinyon-juniper 224:1Pioneer 163:24 251:21pioneers 283:8pipe 144:11pipes 232:9,13piping 144:10pistachio 114:15pit 137:21 277:17place 68:16 78:3 82:1989:9,9 91:21 92:12101:15 168:9 187:21194:22 195:7 197:14198:8,22 199:15 232:8



236:14 240:23 242:4243:25 264:9 268:20271:17 273:16,21 286:8

placed 72:1placement 270:17places 73:14 93:12 195:5282:10

placing 269:18plaintiff 61:4plan 74:13 80:12,13110:5 174:7,10,19 193:2193:5,6 195:6,7,22198:17 218:25,25 219:1219:2 220:6,7,8,21222:23 223:3 229:10230:13,15,21,22,25231:9,25 232:2 236:17236:18 239:5 241:3244:6,12,14,15 245:3246:20 247:5,6,9,22249:9,15

planet 112:25 275:5,25276:2

planetary 102:14planned 166:4planning 112:13 152:5206:6

plans 74:7 140:7 149:16167:9,11,12 168:3 198:8198:14,16,22,22 228:18229:4,7 231:17,18,23232:3 233:21 242:3,4243:25 244:20 245:13245:16 247:1

plant 135:23 138:25140:5 243:8,8 272:17,20272:22,25 273:13,19274:1,2,6

plants 95:20 135:21136:10 272:3,10 274:17275:10

plastic 145:20 233:1plate 285:3platform 220:22play 68:13played 73:1please 52:20 131:8133:13 176:19,23 188:3191:18 196:20 218:14223:5 228:13 236:16241:14 257:13 281:6,7

281:14 282:22 284:22plug 155:14,17plus 167:21 188:19194:23 212:12 262:5268:2

plutonium 95:21point 57:4 78:9,13 101:12109:3 127:9 128:16134:8 135:16,22 143:1148:24 149:14 150:4151:17 156:15 157:3159:11 160:8 164:13169:2 175:9 181:12191:18,23 204:4,16205:12 206:1,20 210:20214:5 217:1,3 218:10220:5 224:9 227:14239:21 245:7 246:15,17246:18 249:13,20 250:1250:8,11 253:12,12,13258:6,16 267:1 273:11274:24 278:25 283:20

pointed 110:24 195:25204:5

pointing 111:11points 82:4 103:17 111:1136:4 145:5 179:14

polarization 114:23Policy 87:2 261:9political 107:25 108:19109:7 115:15,15 163:25251:16

politicians 115:21Pollutants 270:1pollution 63:17 74:298:9 166:9

polyethylene 232:18pond 139:15 236:2,10269:16

ponds 140:12,13,20143:5 144:18,19 145:13232:15 235:24 241:2

pond's 220:15pools 92:3poorly 243:8,9population 85:18 96:9portion 131:18,21 188:17209:20 253:1

posed 253:8position 159:22 177:14positions 116:2,5

possesses 85:20possession 209:25possibilities 275:8possibility 106:15212:21

possible 63:6 64:20106:7 109:12 110:8126:14 233:18 250:21262:13

possibly 165:6 186:11195:4 215:6,6 239:1

post 137:18 150:13281:20

posted 202:24potable 207:21potential 95:6 100:2113:10 141:3 197:2,9199:13,19 206:21 230:5254:15 281:22

potentially 275:23,24pound 277:13,14pounds 136:5,6poverty 99:7power 77:20 79:24 93:2195:22 135:21,23 136:10136:11,14 243:7,8 272:3272:10,13,17,20,22,25273:2,6,12,13 274:17275:10 276:17

Powers 246:9practical 134:22 239:20249:24

practice 55:20 59:1490:23 126:5 142:12146:21 204:22

precipitate 222:12precipitated 139:3222:14

precipitation 138:24144:20,21 222:10224:22,25 235:24 236:3238:2

precludes 212:12predominantly 224:5prefer 146:25preferable 103:17preferentially 138:19258:11

preferred 92:13preliminary 82:5premature 280:13

premise 56:2 82:20prepare 122:10 165:1177:5

prepared 64:24 65:167:19 72:2 93:25 120:16123:8 167:25 190:14199:24

preparing 183:8present 57:18 62:14,1769:20 80:22 110:18193:12 198:24 211:9213:6,7,23 214:7,16,22216:6 217:6

presentation 65:24 76:1485:2 160:21 163:15169:24 171:15 192:16242:20

presentations 134:24presented 60:2 76:8,9102:4 103:20 153:6,17

presents 192:15 196:21preservation 173:24preserve 257:14president 161:14 170:11170:12 178:6

press 82:24pressure 233:17presumably 54:5 55:4116:21

presume 154:2presumptively 52:11128:2

pretty 60:11 97:14 101:14112:23 132:11 141:8151:8 161:25 163:3164:18,24 172:4,20183:13 192:6 194:22216:3 221:21 222:17,21223:15 225:25 227:15234:15 236:3 237:24242:9 251:9,15

prevailing 280:6prevent 199:11 216:8229:12 232:8 233:24238:4

prevention 231:8prevents 237:6previous 68:23 70:2577:4 214:1,12,20,25

previously 65:17 66:1266:21 150:20 195:23



209:4 217:14 251:14259:4

pre-leach 221:16 222:5price 69:3,6,7 94:23,2595:15 96:11,15 253:8268:13,25 278:3

prices 97:16primarily 61:5 64:7,2165:9 136:23

primary 131:17 191:3194:3 206:25 219:7232:17 233:12,14237:10 242:1 256:5

prime 81:7principles 107:7print 52:20 55:14,20prior 91:17 107:9 122:6140:25 149:20 150:10150:13,15,17,18 166:2264:7,11 276:24

priorities 156:1prioritize 255:18priority 153:24 156:3pristine 271:13,16private 64:8,9 77:2589:21 95:24 111:8116:18 137:19

privilege 130:6 154:15154:22 155:1,2 156:13156:19 157:4

privileged 151:24 155:3privy 173:5pro 115:4probability 107:10,16108:3

probable 144:21 235:23236:3

probably 65:6 83:13103:13 104:1 105:2116:23 117:17 140:18146:14,16 148:3 155:23177:3,21 179:23 185:23196:6 197:5 205:11217:22 219:24 220:25223:23 239:17 243:4245:10 250:25 254:18259:9 278:2 284:1 285:2

problem 96:3 100:22103:4 113:25 114:6115:15 125:9 147:15149:7 159:7 204:2

212:17 230:11 241:10problems 72:18 75:1085:11 95:13 101:25102:16 115:17 270:10

procedure 62:7 71:388:19

procedures 229:11 244:4244:5,6,7,11,13,14,22244:23 245:2,4,5,6,6,9245:18,20 246:2,6247:13,14 249:11

proceeding 67:13,1370:19 71:20 80:16 83:16117:2,10 128:7 209:22265:3 266:14,18,19

proceedings 70:25 72:676:3 87:23 88:5 129:23285:9 286:7

proceeds 102:11process 50:11 51:24 52:859:4 60:5,6 61:17 62:662:22 63:17,22,24 64:1364:14 65:18 67:7 69:2473:25 80:18,24 81:283:25 84:17,21 87:1094:3 98:24 100:18 101:7102:9 111:12,24 112:18112:20,22 113:1 115:14116:3,21 129:12 137:6,8139:10 140:6,23 155:8163:18 172:16 187:13192:9 197:4 198:7204:10 207:14 208:9217:4 222:21 226:25229:4 230:24 231:3232:2 242:17 243:3269:9 277:14

processed 95:11 191:21192:18 207:20 269:7281:8

processes 64:7 76:589:16

processing 58:11 77:13137:12 144:9 192:13212:7 269:8

produce 80:19 83:6,1288:17 111:24 126:20136:6,11 192:9,10 208:5221:14

produced 64:22 76:1778:21,22 126:8 127:13

127:14producer 135:12producing 136:7 201:12product 139:6,7 155:2272:2

production 64:18 120:7126:13 137:20 175:7207:3,8 227:22

productive 93:13 275:4products 192:12 197:9231:10 242:16

professional 131:7 185:6proffer 187:1profit 77:25 275:12profitable 97:17program 166:11 173:3216:22 217:15 229:14

programs 92:14,23program's 198:20progress 73:7progresses 116:6project 46:5 57:19,2159:16 60:14 62:15,1863:5,15 64:3 68:10 70:975:11 79:7,25 80:2283:24 84:8,14 85:2286:10 112:11,15 122:4122:13 125:2 133:22150:25 160:16,25167:25 168:3,11 185:23188:7,10 189:21 190:2,9192:6 206:24 218:15,19218:20,24 228:14247:15 261:21 268:24

projects 77:1promise 99:18promised 181:10 281:24promises 99:22promotes 238:23proof 75:16 81:22 119:10proofs 81:22propane 242:16proper 51:4 85:7 266:22properties 134:5 161:15161:16 192:17 219:19

property 67:1 90:9100:20 101:9 148:8,14174:15 195:3 229:21,21277:18

proponent 167:25 190:1267:17

proponents 272:12proposal 69:3 73:5,774:10 84:1 159:3

proposals 74:17 190:11propose 133:24 230:16proposed 53:15 72:999:25 100:19 103:2110:1 191:4 196:23198:25 211:11 228:14237:24 238:14 250:11266:3,9,11 280:7

propounded 64:21propriety 154:21prospective 264:24protect 83:11 88:14 248:5280:9,16 281:2

protected 106:19 151:15protecting 85:17 263:9protection 68:22 133:23140:22 145:12 186:17228:19

protections 76:4protective 106:24 246:2246:3

prove 74:9 109:21 121:6216:14

provide 57:10 62:6,2263:10 65:8 67:9,1470:22 71:4 82:2 83:18109:23 114:12 125:10148:23 172:22 173:6183:6 216:24 223:25231:17,17 244:21246:21 268:22

provided 67:13 69:2578:15 96:16 109:21126:4,12 143:20 149:18154:3 155:25 168:19170:24 173:1,1,13189:15 231:16,19,20,24240:7 245:1 264:22,23265:11

provides 217:10providing 75:9 93:10124:7

provision 76:23 264:3,12provisions 263:19prudent 142:11public 45:23 46:19 48:1549:17 52:16 53:11 54:957:1 58:4 60:2,3,4,5,7



60:12,14,15,18,18,2261:9,10,12,16,20 62:163:7,8 67:15 68:19 70:776:13 78:9 79:21 81:1182:2 83:16 84:7,1287:17 88:13 89:6,12101:2,5 108:23 133:25134:3 148:6 153:21154:8 171:6,14,17173:18 193:21 196:22196:24 197:20 204:4,16205:6 229:17 250:24258:17,23,25 259:3,4,23263:25,25 264:1,8,11,13264:16,23 265:8,11,22266:6,22 270:21 282:18286:6

publicly 266:14published 204:18Puebloean 100:9Puerco 279:8,13pull 104:22 125:10pulling 96:10pulp 138:10,11 221:14pump 237:10pumped 233:16puncture 274:23purchase 91:18 95:15208:11

purchased 142:8purple 223:21,22purpose 57:7 65:21 67:1470:18 127:16 137:5190:25 249:25

purposes 268:7pursuant 45:16 216:9purview 208:22push 87:6pushed 86:4 226:9,10,12put 52:17 54:7 56:9 68:1969:4,14 71:5 72:6,10,1373:9,19 76:23 78:680:13 81:24 82:11 83:22114:14 120:22 126:3138:4 142:22 144:3159:25 168:12 175:6183:3,19 188:23 189:13190:5,9 194:16 195:22198:4 200:4 203:9 207:2212:18 222:12 228:23229:19 230:10,12,22

232:1 237:4,12,19,21252:17 259:17 267:25270:8,8 273:19,24 276:8282:4

puts 218:21putting 63:5 78:2 112:16184:12 250:22

p.m 218:1 259:19 285:9P.O 46:6

Qqualification 184:23185:3

qualifications 50:15176:11 178:13

qualified 170:23 195:9qualifies 187:8quality 61:5 63:14,21,2464:1 66:15 86:2 88:1589:4,11,13 144:23193:19 206:19 215:13228:5 262:21,25 281:25

quantities 182:21quantity 207:12,13,15208:17 281:25

quarreling 201:2quarry 76:1,21quarterly 83:14Queen 161:18question 58:8 73:9 75:1679:19 89:19 104:4,17113:7 120:2 121:3122:20 134:22 142:7147:10 152:23 180:23201:22 202:7 211:2213:21 214:13,20,25234:20 236:16 251:4256:3,15,23

questioned 65:2questioning 65:16 180:7213:15 276:25

questions 57:13,23 59:2261:12,13 65:23 66:1,467:4 86:5,6 87:17118:12 121:7 130:20151:7 152:2 157:10,11176:21 177:11 183:25187:24 204:20 218:8229:7 234:3 250:20260:8 270:25 276:20

quick 82:3 125:15 134:22

218:22quicker 157:15quickest 153:25quickly 120:23 123:22,23125:14

quietude 100:5quite 132:1 133:3 164:10181:22 183:3,7 186:20211:22 222:15 237:23245:23 248:23

quote 171:25quoting 191:24

RR 46:9 49:1race 94:22rad 158:20 215:23radar 219:21radiation 59:4 60:7 71:272:17 76:20 80:9 143:18146:2,3,4,6,8,10,10166:11 170:13 173:3188:14 198:19 217:15229:13,17 243:7,19,24246:24 247:25 248:1,6,6249:16,23 250:9 266:8271:20

radioactive 45:6 57:663:18 108:24 135:15,19208:19 242:24 271:8280:5,11

radioactivity 243:1radiological 111:23192:17 196:22 197:12208:19 223:12 228:11229:11 230:2 244:10

radionuclide 109:14radionuclides 102:8,17radius 229:24radon 72:18 148:9,12,17237:6,13,21,24 269:23270:5,9,16

raffinate 139:14 192:12rain 274:11 279:15rained 274:12rainfalls 272:8raise 52:12 65:23 146:25156:6 158:4 260:3

raised 50:14 61:4 62:2163:14 64:12 65:14,1766:10 67:3 71:7,22

75:17 79:19 94:10 117:9153:24 204:23

raises 64:2,4raising 205:24ran 144:4 149:3rancher 161:4 223:24Randy 51:14 52:3range 69:6,8 101:18148:2 174:18 195:24207:7 225:3

rare 106:3rarely 105:6rate 121:12,14 208:9225:9

rational 109:21,23reach 100:19 273:11reaches 114:1 237:4react 230:14reactor 272:22,25 273:14reactors 136:1read 52:21 56:1 88:7112:23 153:23 155:11192:25 224:20 256:21

readily 266:6reading 176:16 188:1250:5,7

ready 73:5 81:6,7,7,17116:1 120:6 151:9157:23 159:16 176:7275:24 277:16

reagent 219:25reagents 194:10 197:3220:2 221:6 231:3242:18 243:22

real 90:15 92:10 111:6114:22 143:8 174:1183:25 252:18 278:22

realistic 103:18 245:9realize 204:11 263:5realized 149:7 173:11really 72:24 82:14,14,2296:21 97:5 114:10128:22 130:9 164:13,17168:9 169:1 170:16204:7 208:21 212:4,4225:21 239:19 251:8257:5 261:11 272:10277:6,25 278:21 279:19284:19

rearrange 54:24reason 72:5 76:15,24



169:9 226:6 269:5reasonable 76:14 127:3240:6 249:22

reasonably 147:20247:19 248:7

reasons 82:12 141:11221:3 251:12

rebuttal 159:6recall 121:19 124:7177:20

receipt 216:8receive 52:15 67:17 137:6146:6,19 148:5 181:7197:17 265:20

received 50:24 52:767:22 148:20 171:16172:3 180:14,17,24181:2 191:20 192:18197:15 229:20 265:19

receives 181:2 270:6receiving 171:21 172:2recess 117:22 153:21154:8,13 156:10 218:1258:20 259:16,19 285:1

reclaim 66:25 216:14258:3

reclaimed 131:25 149:18216:13

reclamation 66:20 97:24131:19 132:4 133:25149:16,20 175:15,16,22175:22 182:16,17,25183:4,6 184:24,24185:10,18,20,24 187:2,3189:22 239:5 261:5

recognized 89:12recognizing 230:11reconsidering 96:19,20record 49:4 50:2 51:2,1352:2,20 54:7 57:9 58:262:9 66:12 71:12 73:1088:25 116:14 118:7130:11 156:9,12 157:4175:3 199:22 200:7,15200:17 205:22 206:3209:21 210:17,20218:10 253:14 266:13272:6,8,16 285:7,8

recorded 123:5records 81:10 122:7124:17

recoveries 222:15recovery 144:14 232:20233:11,15

recreation 85:19rectified 229:3recycle 139:14redline 231:20reduce 84:11 248:6 249:8reduced 101:24 247:19248:23 286:9

reducing 95:22refer 116:15 118:8,9120:4 247:17

reference 147:15 242:8referencing 250:19referred 116:25 128:13139:10 147:8

referring 151:23 199:23209:22 252:6

refined 246:2reflect 113:3 150:6refuge 90:3,8regard 101:15 265:21regarding 64:2 116:2186:14 240:24

region 68:22,24 69:2277:2 95:3 114:10,23

regional 98:25 100:21,22103:3 108:22 110:5111:2 114:1,3 115:16

regionally 99:5 100:23Register 195:4regs 168:14regularly 106:9regulated 147:18 266:25regulates 229:15regulating 58:19regulation 60:6 127:15149:6 188:2 218:10250:5,7,14 265:17

regulations 59:8 69:1069:11 121:15 148:7151:11 165:8 170:6187:25 189:13 191:23192:1,3 211:17 213:6229:13 247:15 249:21249:24 258:8 265:13,15

regulator 131:16regulatory 69:13 80:784:24 132:22 141:7168:17 186:18 191:17

266:21,23reinforce 75:14reinforced 240:21reiterate 135:17 220:19related 61:7 63:14 242:9244:9 266:9 267:9286:12

relation 64:24 65:1255:19

relatively 141:19,22192:1 194:24 196:19225:9 240:5

release 235:2,7,9,13,16235:17,19 241:7 269:22270:16

released 264:20,21releases 103:14 186:6214:11,23 221:22 231:6236:5 247:18 250:10

relevance 65:3 107:24121:1 126:21 178:14180:5

relevant 53:1 110:14111:17 128:6 189:12

reliable 75:1rely 115:9relying 102:5 127:23rem 146:20remain 69:10 72:19remained 59:17remaining 205:15remains 63:6 70:1 73:7226:9 280:24

remaking 62:11remark 109:7remediating 58:20remediation 132:2 182:8184:10 186:3

remedy 80:15remember 93:21 96:12162:8 186:20 188:25224:20 242:19 283:10284:17,22

remote 94:17 141:22253:1

remoteness 95:1 164:8removed 266:4renamed 162:14rendering 140:15renewable 137:3renewal 214:1

renewals 105:19repair 107:19 108:16repaired 273:24repeat 51:14 72:10201:11

rephrase 213:19,21rephrased 256:21replaced 102:22 108:11reply 158:10,11,13report 83:4 143:21150:24 151:3 167:23,24168:1,6,9 172:24 173:8178:4 187:22 188:4,6,12188:19,25 189:8,17,23190:16,18 191:16,17,19192:15,19,24 193:12194:25 195:21,25 196:9196:21 198:6,24 200:2201:6 203:8,10,11 204:6206:4,20 211:9,25 213:7213:23 214:7,16,22216:6 217:6,19 218:5,21228:13 230:3 236:10,10239:11

reported 102:18 178:5reporter 45:21 251:25286:5

REPORTER'S 45:3286:2

reports 65:10 82:10 83:14108:2 143:19 167:15172:22 186:4,13,19,21189:3,19

repository 257:12 272:19represent 263:14,14representative 192:15representatives 51:3112:15 164:20

represented 94:5 179:18representing 68:8 85:14179:19

request 50:22 64:16,1864:23 83:1 120:3,7,17126:12,13,18,23 127:4129:6 210:5 247:10

requested 50:25 62:2564:25 71:21 120:3 154:4

requesting 173:4requests 59:19,23,2560:20 64:17,20 81:21

require 216:23 233:10



240:16 244:19 247:15261:14

required 59:4,7 60:6,962:1 64:10,14 70:5 74:674:8,9,9 75:6,24 76:2,676:7 78:7 80:11 84:1697:25 109:14 147:9,19148:10,23 150:13166:12 191:14 204:4217:11 229:24 233:8240:19 241:3 244:20257:14,17,23 258:5,13263:24 281:20

requirement 74:18 81:5171:6 208:18 213:5247:18

requirements 63:20 71:174:19 77:17 80:7 112:17134:1,1 144:13 151:10158:25 164:14 165:9166:9 191:17 198:19,20218:9 244:8 250:16

requires 60:7 80:10147:14 170:21 241:9264:5,6

requiring 252:16research 90:23,25 91:1,391:6,17 102:13

reside 53:4,5residence 148:14residences 141:23 253:2resident 90:2 109:25141:25 148:12,18 253:4253:5 283:4

residents 89:10 101:23residual 205:15resigned 116:16resistant 144:10resolve 115:10 160:7,7172:20

resolved 50:24 71:23resources 45:5 46:12,1557:6 103:10 143:18161:2,8 162:18 193:18193:19,20,20 195:1,9199:3 254:12 262:5

respect 93:16 106:5110:10 132:25

respectfully 79:17respiration 106:24respond 65:25 126:16

129:24 176:20 242:6responded 126:19 172:5response 64:23 110:6120:16 151:6 174:12198:16 228:22 230:12231:24 239:12 242:3247:9

responses 64:16 231:14responsibility 115:23131:17 149:9 240:23

responsible 93:14115:24 149:5,15 166:10

responsive 64:19 126:12188:11

rest 58:1 112:11 207:21restaurant 152:16restricted 97:13 145:4restrictive 148:7result 84:21 120:20286:15

resulted 275:6results 49:10 110:4,22255:14

resume 153:21resumed 45:17 49:7resurgence 95:6retaining 220:23retired 90:22 171:11retirement 90:8reveal 84:8,9,10revealed 77:6review 64:6 86:8 117:16123:1,2 148:13 154:20156:13 157:3 171:22,24171:24 172:4 173:7178:20 198:7 214:17229:2 231:21 232:1246:22,25

reviewed 59:5 116:23166:4 171:4 186:15189:14 244:25

reviewers 172:1reviewing 121:10 246:23reviews 64:10 153:14revise 207:17 229:4revised 154:15 228:16239:2 245:19 247:1

revising 229:6revisions 228:21,22231:13,14,16

RFIs 60:19

rich 86:11RICHARD 45:18Ridge 45:6 49:5 57:7,1860:23 62:14 64:9 88:2095:5,12 96:8 112:15133:1,14 137:5 147:21163:17 164:16 185:16187:18 213:11 219:11253:16,17 254:7 280:7

ridiculous 276:7right 53:5 73:15 77:580:24 86:12 95:19 97:4100:16 107:11,21108:15 109:20 115:24134:9 137:17 140:11148:15 150:15 151:25154:6 159:18 163:7170:2 187:16 198:11,14201:8,8 203:12 207:14208:18 209:14 212:1216:1 232:18 235:10238:11 239:10 241:11250:13 254:11 259:15260:3,13 277:15 278:1,1284:10

rights 208:6 209:1,17rigor 72:6rings 92:4Rio 251:7 279:7,13rise 214:11rising 273:16,18risk 85:9,24 96:2 107:4,7107:18,22 108:6,14,17108:18 110:7 116:13167:11 198:2 230:3241:18,22,25 243:11,14279:2

risks 113:11 244:1 276:6river 53:19 92:6 199:18219:9,20 226:1,3 227:3228:3 235:1,4 254:10,11254:25 260:18,23,24261:4,7,10,18,18,21262:7,12,14 263:9271:13 272:6 274:10,14275:25 279:14,14,15

rivers 86:19 260:18road 47:2 51:9 77:5 98:999:14,25 140:8,17142:19,21 194:16 206:2220:13 236:13

roads 97:10 145:2Robert 47:2 89:24robust 67:7 71:20,24166:6 194:22 221:22223:15 258:12

rock 93:11 101:16,18132:1 138:13 163:22182:11 186:4,16 222:2238:18,21 240:21252:16 257:25 258:1277:17

rocket 81:2rocket-docket 81:14Rockies 162:9rocks 100:4Rocky 46:21,23 85:14263:2

rods 135:23 140:3 242:23272:19 273:7

Rogers 177:24 178:3246:11

role 57:17 67:2 70:18132:25

Rolin 161:17roll 54:11rolling 275:11,11Romney 109:22room 49:19 52:7,13,1854:10,24 55:18 58:1982:25 152:4

rooms 207:21routes 98:11 219:4,6,8routine 110:11royalties 221:7,9rubber 221:20ruin 274:23 275:25rule 75:25 80:18 108:16281:2

ruled 77:12rules 115:19 173:7 235:6ruling 169:7rulings 80:16run 49:23 73:20,21 75:4113:13 139:5 159:14162:25

running 74:23 77:1 95:10226:1 230:19

runoff 141:17runs 110:3 144:11 227:5Russia 95:16Rutledge 51:21



SS 49:1SAC 90:14sacrifice 282:12safe 136:16safely 98:4 136:13 280:17280:20,23

safest 136:14safety 101:5 133:25 146:1163:1 167:11 170:13198:17,18,21 228:19229:10,14 242:3 244:5,7244:10,12 246:3,10,11246:24 247:22 253:12

SAG 73:21,23 138:6,7221:13 248:16,17,18

sagebrush 223:23,24224:5

sake 281:14Sal 161:19 251:10 262:3263:17

salary 179:8 181:10salt 199:6 219:25 226:7,8226:10,13,19 255:6

salts 139:16salt-wash 212:22sample 105:20,22,23227:25 235:12

sampling 227:20 228:4San 61:2 63:2 66:7,2492:6 98:1 113:23 163:22163:25 173:11 219:10219:12,13 262:2 271:7

Sandler 46:21 48:6 85:585:6,13 210:12

sands 261:13 262:6sandstone 192:7sandwiched 233:1Sarah 259:21 263:12,13Sarcastically 92:9sat 116:16 117:1 144:6272:17

satellites 112:6satisfy 89:21 166:9,11saturated 249:8save 116:11 167:2Savignac 246:7saving 108:21saw 142:10 173:9 196:5202:1 271:14 274:3,4

saying 76:11 86:21

104:19 105:2 157:4204:1,6 261:19 276:12280:16

says 87:12 124:3 150:11200:17,18 264:8 265:22

scale 114:5 282:6scales 114:1scan 128:13scanned 125:13 248:4scanner 177:1scare 284:12scary 92:2scattered 72:16scenario 243:16 276:19scenarios 150:3 198:3243:17 275:7

scenic 98:13 193:20schedule 158:14 159:12scheduled 265:10schedules 50:7scheduling 158:4 160:2schematic 220:21 222:25232:16

school 183:1 205:5 271:3schools 280:11science 90:21 92:14131:11 181:21 222:17

sciences 72:15 91:3,4scientist 102:13scope 263:6scratch 83:25screen 120:6scrubbers 145:5scrutiny 70:5,6,7 71:672:1

sea 276:3sealed 137:11 145:10,10seasonal 106:10seat 56:4 173:2second 61:25 106:14107:1 135:4 157:25165:5 184:17 229:16281:11

secondary 144:9,10199:10 232:9,13,21233:17

secret 83:2,3,5,9section 62:7 192:7,20,21193:15,25 196:24,25199:3,3 211:13,23217:10 255:17 264:4

sections 211:21 231:11security 145:14 244:14244:15

see 52:6 55:25 59:5 65:1372:20 75:20 82:8,9,1585:11 90:5 92:2 96:1098:15 101:13 105:3107:8 114:16 115:6126:6,19 127:5 129:15129:18 148:3 153:13156:1 160:24 198:10199:13 202:23,24203:16 211:21 217:16224:8 225:13 227:21228:24 234:5 236:22240:2 241:20 255:12257:6 275:20 277:6278:5,20 285:5

seeing 106:19 147:25180:5 220:1

seen 49:16 72:16 82:586:11 94:11 99:4,22137:20

seepage 233:3,13seismic 226:18 227:1seismically 141:21seismology 143:18select 251:5selected 141:10 163:17selecting 253:18 254:13selection 140:23 256:4sell 152:10 275:12semi-arid 224:8,24semi-contained 248:22semi-truck 139:21send 107:8 122:8 173:18SENES 246:8senior 161:12 162:22,24sense 93:1,8 230:10241:5

sent 55:2,6,13 122:14125:13,21 140:4 156:22156:23

separate 63:16 139:2separately 221:10 222:10September 120:3 238:9239:8,11

series 187:23 223:2 245:5serious 71:5,5 81:7 85:10102:15 109:3 111:14197:5 243:21

seriously 101:14 141:9serve 89:11 119:12 152:6served 90:12server 134:25servers 134:23service 92:21 116:19Services 131:24 182:6sessions 60:16set 52:14 55:5 61:18 77:488:21 95:15 100:8 120:2121:4 133:16,17 140:12149:6 166:13 171:6,7200:12 202:18 215:19215:19,21,23 281:1286:9

sets 172:4 173:9setting 104:19 166:2settlement 66:11,20 98:1setup 151:8seven 137:15 141:3199:19 235:1 254:11,25262:11

severance 99:15severe 174:18 195:24230:7

shale 261:13 262:6shallow 199:12shame 278:22sharp 83:20sheep 46:7 52:24 61:162:25 64:21,23,25 65:565:14,22,25 66:3 68:868:11 75:21 83:18 89:7118:1 173:14 210:11,20215:1 271:14

sheet 52:19 124:1 259:12259:18

sheets 52:17 124:2,19126:6,7 128:20,24,24258:25 259:18,21282:21

shelf 124:13Sherman 46:17shielded 143:8shift 241:4shipments 219:25shipped 128:14 135:24137:11

ships 112:7short 104:22 171:15shortage 136:7 208:22



shorter 225:5shorthand 45:21 49:6250:19 286:5,8

short-term 193:13255:20 256:8

shot 259:15shoulders 115:24show 70:2 71:18 72:377:14 78:21 87:15 88:2395:10 112:21 121:5209:16 219:4 237:15255:8

showed 94:10 194:13220:12 233:21

showers 207:22showing 155:16 166:19210:23

shown 103:7 232:16shows 96:14 107:6 146:8220:11 223:19 227:20230:16 262:20

side 107:3,25 142:23144:23 155:8 159:5162:1 219:15,18 224:3226:17 274:16 283:7

sides 115:13 240:13sifting 168:8sight 279:10sign 52:19 170:20,22246:25 259:12 282:20

signature 120:13 286:17signed 170:9,13significant 264:5 266:19signs 119:7sign-off 71:16sign-up 52:17,19 258:25259:12,21 282:21

similar 125:1 171:15180:1 205:11 215:13218:7 228:7 265:2

simply 52:19 59:13107:22 117:5 210:23211:16,19

sincere 203:6single 271:25sir 128:22 181:13 260:11sit 54:23 116:19 154:25155:14,17 157:16 159:2165:7 200:4 235:14263:12 272:18

site 53:6,15,20 64:9 91:21

97:12 99:25 100:1101:19 103:2,6 105:22132:22 139:18 140:7,8140:22,24 141:11,12,13141:17 142:1,6,9,10,13142:14,15 143:13144:17,18,25 145:15148:16 149:16,18 150:6150:13 163:16,22164:13,16,22,24 165:4165:11,12,21,23 166:8166:14 175:4,6 182:10182:11,12 184:10194:21 195:2 199:4,4,7199:13,18 212:2,4215:20 216:13,13,15,18216:22 217:3 220:12221:1 223:6 224:12,13227:10,10,16,17,18,19228:6 231:4 234:2235:18 236:11 249:17251:7,13,15,22,24 252:8252:12,20,23 253:15,16253:17 254:4,6,7,8,12254:19 255:3,7,9,11256:11 257:7,8,9,15,23258:3,4,9 281:5 282:3

sited 151:15sites 84:9 103:8 141:3,5149:2,10,11,11 163:19164:3,9,10 184:11185:15,24 186:7,7,9195:1 251:5,6 252:2253:19 254:4,14 256:5256:24,25 257:1,6

site-specific 215:19246:14

siting 141:7 142:2 151:14256:12

situation 58:8 69:9 80:997:11 108:22 114:11,24237:20 267:17

situations 109:11 172:14243:18

six 52:18 60:15 90:5132:18 136:20 141:23167:18 186:12 220:25253:2 259:18 268:8271:4

Sixty 234:12size 248:17

sketched 107:5skies 224:8skiing 93:11skip 244:3skis 91:12sky 98:14 113:10sleep 250:22Slick 163:22slide 79:12 150:11 166:18220:12,18 222:25 223:1237:16 241:19

slightly 135:15 221:6slim 86:20slime 92:3slope 53:23slopes 240:5,20slow 225:9 226:25slower 175:20slurry 138:10SMA 65:5 158:15small 91:6 99:11 108:5141:19 150:16 194:24252:3 254:21

smaller 230:5smallest 248:18smell 267:9smile 275:24smoke-screened 277:23smoking 65:6smoothly 175:11snowmelt 227:6 272:7snowpack 263:3snugly 139:22social 77:22 101:24 108:9113:10 211:10,19

Society 91:9,10socioeconomic 196:1,9socioeconomics 143:19193:21 196:18

softness 100:7soil 237:5,18 238:3,17240:4,8,8 257:24

soils 143:17 193:18223:11,13 230:17 276:4

solar 114:17sold 162:5solid 92:18 139:11solstice 99:24solution 138:15,20,21,22138:23,24 139:3,13145:22 222:4,9,9 232:11

233:7 235:3,20 243:3solutions 139:2 231:3solvent 222:5solves 147:15somebody 92:4 128:13152:3,5 205:7 218:19275:12 279:19

somewhat 58:7 98:24130:6 167:7 196:14

son 114:15soon 126:14 134:25sooner 121:22 275:19sophisticated 112:7sorry 51:16 88:8 147:6200:23 224:9 241:20282:8 283:14

sort 50:12 55:18,23 70:980:24 86:21 121:1166:20 218:13 221:7249:11 285:3

sorted 285:6sorts 112:8sought 57:22 128:17209:13

sound 77:15 188:1soundings 110:15sounds 159:3source 75:1sources 173:17 249:1253:23

south 90:1 101:17 164:5199:7 251:7 252:13

southeast 131:18,21137:23

Spaanstra 46:9 50:1951:11,13 52:2 53:1656:11,21 103:24 104:12104:16 118:17,24119:14 130:8 157:24158:2,6,19

space 52:18 96:25 106:19146:10 167:2

spades 96:18span 261:20sparked 68:24 69:3speak 93:21 152:7 178:17180:10 187:20 192:4234:1 250:25

special 75:25 76:23 80:1082:8 101:15 136:24207:1 271:17



specialist 182:2 183:10specialize 134:4specialized 196:15species 64:6 85:18 86:387:5,7

specific 79:3 103:17118:13 122:12 123:3128:25 157:4 184:1189:5 210:3 213:15245:12,14

specifically 50:10 67:14121:21 200:8 201:19202:24 263:22 265:16

specifics 77:11 278:24specified 233:22 249:14specify 129:5speculated 215:5speech 116:14speed 105:12 107:14218:20

speeds 105:15,16 225:15Spell 130:16 282:25spelling 259:13spend 122:12spent 58:19 77:4,5 99:24111:25 121:9 126:7131:12,15 181:22272:19 273:7

spewed 109:1spill 231:8 232:11 279:8281:16

spilled 97:11spilling 86:19spills 98:10 110:7 221:22231:6 281:21

spirit 93:5spoke 229:18 271:25spoken 152:8spot 69:2 96:11spray 92:3sprays 144:24 248:22249:10

spread 257:6spring 106:10,13 188:5225:18 228:4

squarely 75:17ss 286:2stability 164:14 255:8stable 141:21 216:16,17216:19,23 225:9 255:7

staff 123:9 126:25 266:23

stage 73:6 88:21 104:20133:16,18

stages 91:22 245:11272:7

stainless 221:20stake 111:17stamp 183:19stamped 200:15,17stand 56:6 61:8 116:1146:25 160:4 260:2

standard 79:6 139:20,21147:8 148:10,11,15168:17,22 241:8 247:24250:4 270:4

standards 70:11 72:976:5 77:16 78:24 84:2487:8,12,13 141:7 215:5215:22,24 270:1

standby 267:25 268:1,2standing 143:7 159:21standpoint 55:24 77:19252:24

stands 261:9stars 100:6start 56:22 70:13 83:25114:4 131:4 146:18160:19 161:10 168:10187:21 204:7 247:3263:9 268:3 269:20

started 51:24 59:3 161:3161:24 162:21 163:18165:3,21,22,23 171:20171:21 172:1 236:13269:5 273:18 283:11

starters 110:19 113:25115:21

starting 187:19 218:13246:4,18

starts 248:9state 45:23 53:4,5 59:462:6 63:20 69:9,1878:25 82:23 85:20 87:1088:12 89:3,13,20 90:2199:16 100:24 103:21105:4 109:15,24 111:19115:19 116:17,23117:15 118:13 130:13131:15,16,18,22 134:2135:25 147:2,16 148:9148:13 149:22 150:5153:13 169:10 170:5

172:17 173:23,23 183:3186:18 213:8,24 214:9215:4 216:14,15,20230:19 241:11 249:20261:17 262:10 266:7274:16 281:9 286:1,6

stated 61:24 109:12205:20

statement 54:6 56:365:15 88:8,18,22 89:289:21 104:17 113:3116:10,25 158:7

statements 48:3 54:17102:6 207:12 242:10279:1

states 58:13 95:7 134:20135:7,13 136:4,7 147:17147:18 149:9 185:8256:4 262:11 263:23

State's 118:15 151:7state-of-the-art 82:7stating 265:7station 276:18stations 166:8,12statistical 86:17,21statistically 105:10statistics 105:23 110:5136:15

status 57:22 62:25 63:975:23 85:21

statute 59:8 60:6 76:677:20 80:11 87:3,6127:15 170:6 218:9

statutes 214:9statutorily 62:1 67:13statutory 84:24 191:16stay 244:23stays 237:19steak 109:22steamroller 80:25steel 137:11 138:9 140:6221:20,20

steep 258:2steeper 258:1step 75:19step-grandpa 283:9Steve 48:10 119:21161:13 170:10,13,14,22177:17 179:18 246:8

Stills 46:2 48:5,10,1353:16 54:21 55:7,10,19

67:24 68:1,4,7 111:11116:25 118:3,16 119:4,8119:20,25 120:9,10,11120:19 121:2,3 126:24127:7,9 128:4,8 129:9129:22 134:21 135:2146:23 147:4,7 154:2155:6,7,25 156:5,16157:12,18 158:17,23169:3,16,19,23 175:18175:24 176:2,5,10,14,25177:5 180:5,8,18,24184:17,19 201:21 202:1204:22 205:2,21,23206:8,13 209:9,24213:14 250:2 255:23256:17

stinks 267:5stipulated 117:25stipulation 159:7Stock 134:17stockpile 140:10,17143:12 144:24 220:25221:3

stockpiled 95:19stockpiles 138:4,5 221:1stood 62:9 276:22 277:11284:4,4,20

stop 276:8stopped 53:22storage 175:15,22 182:3184:24 185:10 187:2

store 54:4stored 191:21 192:18197:8 221:15 222:20

stories 93:4storm 80:4 107:2 110:10110:16 141:18 144:15144:16,17,18,19 227:7235:22,24 236:1,6,6274:15

storms 106:8,12,16,17110:3,20

story 162:3straight 159:7 250:22straight-line 102:24straight-paid 180:20strands 145:15strategy 277:7streams 197:4Street 45:20 46:10,17,22



286:22stress 196:16stretch 117:20stretches 141:24stretching 215:12string 55:12stringent 79:4strong 76:4 115:12 134:6struck 272:5structured 189:16struggling 281:18studied 213:4studies 142:16 151:1165:16,20,24 166:3,4,6166:17 167:10,16 168:3190:6 223:8,12,14

study 78:8 93:12 96:14194:3,13 261:4

stuff 82:17 207:22 210:13285:4

styles 101:18subgrade 232:24 233:20subject 120:25 126:2,20130:5 184:21 187:11

subjects 129:20submit 112:1 169:11228:25

submittal 213:9,25submitted 58:25 59:1,365:2 67:16 122:6 129:8150:21 171:3 173:16186:15 191:25 217:13217:14 228:17,24

submitting 140:25266:16

subpart 270:3subset 187:9substance 59:11 175:10187:17 280:24

substantial 62:3 98:7196:1 198:21

substantially 59:6,1060:10 95:22 99:1 238:17

substantive 61:4,1566:14

Substantively 65:13substitute 61:25succeed 184:3successful 54:4 181:11sudden 130:10suffers 68:23

suffice 118:21sufficient 66:22 105:18sufficiently 237:12269:1 270:17

suggest 54:25 258:17suggested 189:15suggestion 190:13suggestions 281:6suicide 90:16suit 61:2suitable 163:21 251:12257:2

Suite 46:3,14,22 286:22summaries 128:20summarize 168:2 170:6summarized 143:21150:25 190:6 191:11

summarizes 121:3summary 66:13 67:2187:20 191:9 218:18,22228:11

summer 99:24summers 272:6 275:16sump 233:16sunnier 224:7Superfund 91:20 186:7186:19

Superfund-type 186:20superintendent 246:25superior 233:23supervision 183:18supervisor 177:16183:15

supervisors 162:23supervisory 177:23supplement 57:8supplemented 89:1supplies 208:12supply 66:16 86:1 103:9208:3,13 277:13

support 72:7 92:19,20,22supports 94:23suppose 73:1supposed 62:2 79:23117:6 155:12 189:9211:18 265:23

suppressants 145:1sure 72:8,15 86:20 104:15118:25 121:18 133:5148:15 160:12 171:23176:24 178:12 187:8

195:10 201:2 216:22233:5 257:19

surface 106:22 110:15141:17 143:16 175:16175:23 184:25 186:1,14187:3 194:20 199:6,16199:17 214:23 223:11227:15 230:17,21234:22,23 235:2,17252:15,24 254:1,10,22273:15

surface-water 227:14surgical 137:2surplus 261:3surprised 93:18surround 262:22surrounded 86:13 94:1895:3 253:6 274:1,3

surroundings 113:6surrounds 93:10surveys 255:10survive 284:6surviving 284:18susceptible 226:15suspect 125:8sustainable 92:15sustained 156:25 157:4,5swan 107:1 108:13242:11

swans 106:3,6 113:2Sweden 95:16swell 233:4sworn 119:19,22 130:12130:25 160:11 260:4

SX 138:16symmetrical 105:13synthetic 233:2system 115:5,8,10,16118:20 122:14 138:17175:8 192:13 194:13,23196:16 203:24 210:9232:16,21 233:8,11,15233:23 236:24 240:10249:2,3 273:6,8

systematically 70:3systems 115:11 137:3144:12,14,15 175:6184:10 232:7

Ttable 54:23 72:13 190:21

191:11 193:9 212:12,15259:1

tailing 140:11 182:12tailings 75:5 132:6,9139:12,17 140:19142:23 143:5 145:13,21149:19 175:15,22 182:6182:15 185:10 186:6187:2 192:12 195:17199:9 220:14 222:3232:14 233:7 236:9,13236:17,23 237:1,3,4,12237:17 239:10,13,15,17239:24 240:3,11,16,22241:1 245:4 249:4,5,8251:5 252:9,10,17253:19 254:14 255:19256:6,10,14 257:9,10269:15,17,19,24 270:6270:11,16 280:3,12

take 54:11 76:13 80:2182:25 86:10 111:4 113:9115:21 117:19 119:7123:12 129:21,22,25130:3 142:9,16 147:14154:11 155:13 159:9160:5 174:19 182:21192:7 217:21,25 220:24224:16 237:20 253:20258:20 259:16 264:9265:18 270:9 278:19

taken 53:20 82:22 101:14114:25 117:22 126:13127:11 154:13 171:18215:21 218:1 259:19286:8

takes 81:2 96:5 105:16127:20,21

talk 49:24 60:4 96:17133:21 140:21 145:25146:2 148:25 149:1153:25 154:24 159:23160:6 166:20 178:16189:18 194:2 198:12263:18

talked 71:15 119:9189:23 209:10 233:25239:13

talking 56:22 70:13111:3 158:18 203:12,14235:16,17 244:18



247:13 253:15 283:11talks 75:9tall 274:19tank 96:13 138:11 232:10tanks 221:15,17,17,19tar 261:13 262:6target 73:8 81:23TARLETON 128:22Tarlton 48:10 53:1654:19 118:12 119:19,21120:1 127:13,19 128:10128:13 129:21 173:17203:21

Tarlton's 126:25task 115:12,20 122:16,21123:2 129:1

tasks 128:25taught 271:3tax 92:13 96:2 99:12101:23

taxes 99:16taxpayer 92:10taxpayers 94:24 280:14281:14,17

team 58:17tears 99:23technical 59:22 60:1,2172:14 77:19 78:17 107:5151:7 171:21,24 172:2172:10,19 188:17 190:3211:10,19 229:2

technically 77:15 150:15technologically 156:17technologies 137:3technology 55:11 95:20telephone 54:12 172:9television 49:17tell 65:8 73:2 84:4 109:8109:20 131:6 160:23161:1 167:4 186:10188:3 192:14 193:4200:8

telling 283:19Telluride 61:1 63:1 66:7112:24 173:12 229:25271:2,4

Telluride's 66:24temperature 107:13225:1

temperatures 225:2temporarily 195:13

237:19temporary 272:24ten 111:4 117:19 131:13140:12 185:13 201:11217:25 221:1 240:18253:3 258:20 272:18

tended 225:19tendered 118:1tense 69:24term 251:24 254:17 255:2255:5

terms 59:3 118:2 127:4160:24 163:7 169:14185:9,18 192:21 196:16207:10 254:13

terrain 103:1terrestrial 146:10tested 233:5testified 119:23 128:10131:1 228:10 259:14277:12

testify 50:8 116:10147:12 175:12 178:21178:24 250:3 258:23277:2

testifying 147:5 169:4180:19

testimony 53:2 73:1174:25 75:9 103:25104:18 116:12 118:10129:12 147:8 158:14178:18 265:20 276:25277:6 282:8

thank 51:2 67:9,11,2368:6,14 85:4,6 87:18,21104:13,21 130:1 133:12135:2 163:14 181:14187:15 201:21 214:6217:19 220:10 228:9258:14 270:23 271:21279:21 282:15 284:24

thanks 202:4 263:10they'd 81:25thick 167:1 234:15237:24 257:24

thickeners 221:25thickness 238:16thing 52:12 53:7 55:282:20 85:12 88:6,1093:14 103:16 105:3111:5 118:11 119:9

121:1 143:23 148:25188:23 196:18 203:6215:1 221:7 229:6233:25 235:5 236:8240:25 242:19 249:11262:17 267:1 272:13274:21

things 49:9 55:20 67:2068:15 76:24 111:10114:21 128:23 130:4142:18 144:7 152:20153:8 159:10 160:8164:6 166:1 173:21189:11 202:16 211:21218:11 220:3 227:2245:17 248:2 261:1,14262:16 275:18,23279:12

think 53:1 54:6,18 55:1163:23 70:16 71:8 73:875:3 76:15 79:10 88:2088:22 97:18,22 104:23105:17 111:1,5,5 118:18118:20,22 120:20121:22 125:5,12 127:21128:12 129:14 130:4136:3 141:22 142:25146:3,14 147:15 150:20156:1 159:1,13,24 163:2166:18,24 167:21 169:4173:10,15 174:25175:24 176:22 184:19186:23 189:7 190:19192:2 194:15 196:10,11196:19 203:11,13,23204:25 205:14,15,19,25209:10,12,13,19 210:4210:12 211:4,6 213:17217:22 223:24 225:20233:23 234:13 236:5238:10,19 241:19242:19,19 243:21 248:2250:6 257:8,16,22 258:2258:12 262:4,11,24265:18 266:17 268:21268:22 276:7,11 280:22

thinking 224:15 283:24thinks 256:22third 173:8 188:8 281:16third-party 149:23,24thorium 95:21

thorough 53:25 54:1251:2

thoroughly 270:20thought 92:5 133:15155:14 164:12,24188:14 190:7 200:9207:7 212:5 234:4236:20 240:6 251:11252:18

thousand 94:14 100:10108:4 109:19 112:8258:11

thousands 71:10,1072:23 94:13 255:5 275:3

threat 280:8threatened 64:5three 53:8,22 82:3 85:16102:3 107:18 109:4142:1 145:15 153:7156:15 164:3 166:24175:6 180:16 186:5189:20,23 207:6 221:8227:23 253:5 259:2267:20,23 274:20 279:6285:2

three-hour 171:17three-quarter 179:16three-quarters 143:2thrived 94:14throw 277:17 281:18thumb 108:16Thursday 51:25 158:12ties 134:6 182:24 277:21278:7,11,16 279:20,20

tight 212:13time 52:14 53:13 62:3,1071:25 78:9,13 79:2080:19,21 81:7 82:2485:3 104:1 111:25117:17 121:8 122:2,12125:18 126:6,7,7 127:1127:16 128:20 129:5131:18 132:14 133:4,6134:13,13 135:22142:11 151:20 159:17161:21,23 162:5 164:19165:13 168:8 169:2170:11 171:2 172:12175:5 177:18 178:5,7179:9,11,15,15,16180:13 184:20 192:4



206:14 214:5 217:3,23220:20 223:23 226:12228:24 231:19 235:15237:7 245:15 246:15,17250:11 255:24 260:7262:24 267:15 268:24269:25 270:5,7,14276:17 284:24 286:8

times 49:22 50:7 51:753:10,22 97:24 133:8136:21 179:12,13

title 200:22 216:8today 57:21 58:19 70:173:6,7 80:12 88:21115:2 117:2 133:19136:10 171:16 178:9,18180:11 204:6 259:23

Todd 51:20 52:1toe 141:15told 144:8tomorrow 158:14 210:4tonight 210:4 259:7285:3

tons 74:1,14,14,15,21137:9 194:7 207:25208:1,10

toothpaste 270:13top 95:24 107:14 145:21226:12 237:5,10,14238:3,7,18,22 240:9257:25 269:17,22,23

topics 99:1topography 142:20topped 145:15tore 97:10Toronto 134:17totally 227:19 240:14274:3

touch 95:25tough 113:12tower 225:5,12towers 224:17,18town 50:10 51:6 52:353:4 66:7 164:7 252:14

towns 61:1 63:1 66:8,1498:2 137:14 173:12208:10 229:22

toxic 98:10 108:24trace 283:7track 122:16,21 249:15tracking 128:25

traffic 91:20 94:21 194:5194:12 220:2

trailer 139:24trailers 139:21 251:10training 181:15,17182:17,19 183:1

transcript 45:3 57:2562:8 171:18 264:1286:11

transfer 258:7transferred 139:17216:19

transitioning 149:11transitions 106:11transitory 196:14transmitted 156:16transparent 81:12 83:25transport 139:21 245:2transportation 64:266:15 94:1 99:2 101:4102:8 110:5 111:3 116:3193:18 219:4,5,7 255:21256:9 257:4

transported 139:20,25trash 234:13travel 66:17 91:24 144:24145:2

Travis 46:2 68:7 158:2,9trenched 255:9tribal 101:17tributaries 98:10tried 231:21 243:16 246:6246:13,14 257:10

triggered 171:5trip 68:14trouble 55:5 160:2truck 86:18 98:11 99:6139:24 145:3 194:7196:7 243:19,20

trucks 66:17 92:3,5 138:3143:11 194:5,8,9,10

truck-dumping 220:22true 63:23 86:14 286:11truly 130:9 144:22try 49:9 50:7 54:2 67:2075:19 106:21 120:22123:1 126:19 184:1194:17 200:4 201:18250:21 259:6,13 260:9

trying 104:6 114:12157:18 161:21 203:4

204:1 218:19 283:24285:3

tsunamis 272:14,14turkey 94:12turkeys 94:11turn 77:22 129:3 194:16219:10,22

turnaround 60:11turned 273:12turn-off 101:9Twenty 136:9two 53:22 60:7,12 63:1166:6 91:19 99:1 100:2103:13 106:5 109:10111:1 117:23 124:22128:23 131:15 135:3142:13 156:20 164:9165:4 166:7 171:10,16178:8 179:7 191:3 204:4209:2 221:3 224:18234:3 247:11 253:4261:1 263:4 267:24,25267:25 272:6,10 275:16276:25

type 70:7 86:23 183:8192:17 196:17 197:10221:5,9 227:1 230:6,13236:8 242:11 276:8280:3

types 184:11 191:20230:5 243:12

typewritten 286:10typical 225:7 248:25typically 124:17 139:23140:4 183:5 186:22216:21 225:2,4 231:20236:12 243:14 244:17280:4

UUh-huh 55:9 123:14184:18

ultimate 58:2ultimately 58:24 115:23141:10 156:23 162:13163:16 215:18,19230:19 280:13

unattended 101:25unaware 203:7Unaweep 91:25 114:16unbearable 108:11

unbiased 196:19uncertainty 96:17 107:15281:19

uncommon 179:24Uncompaghre 100:9underground 135:10137:21 212:11

underlaid 199:6underneath 233:19understand 49:15 50:2451:7 54:15 62:20 70:8111:9 117:5 149:3151:19 152:3,15 153:5190:4 201:7 203:18204:14 250:15 266:12

understandable 78:1184:1

understanding 117:24129:11 147:12,13154:22 155:9

understood 60:13 229:25undertake 122:17 153:23154:19

undertaken 156:12250:1

undertook 203:19unforgiving 93:9,15Unfortunately 200:22unindustrialized 98:18Union 46:14 91:10unit 111:24United 58:13 95:7 134:20135:7,13 136:4,7

units 234:8universal 55:13,21University 90:20,21 91:5unknown 270:14unnoted 279:9unpleasant 267:9unstable 269:12unsuspecting 280:12unusual 58:8 59:16225:25 241:24

update 80:22 239:9245:15 246:20

updated 69:12 239:11241:18 244:25

updates 231:18,19 247:8247:11

upgraded 161:18upheld 61:14



uphill 53:24 142:23uplifted 226:15upper 110:14upward 107:11,12uranium 45:6 49:5 57:758:11,20 60:23 68:2469:2,5,7,21 76:20 80:985:10 86:18 88:20 89:2094:18,24 95:5,6,11,1895:21 96:11 97:5 111:15111:20 115:7 116:4131:21 132:2,11 133:21134:5 135:7,10,12,14,18135:20 136:8,19,21137:6,9,20 138:1,13,19138:20,22 139:1,3 140:1140:2 145:11 146:15147:16 161:6,22 162:14168:19 175:15,21 182:2184:23 185:10 186:5187:2 188:25 192:8,9215:4,14 222:1,8,9,12222:16 242:21,22,25248:1 252:9 253:6,8261:12,25 262:1,4263:14,21 265:15,17266:9 267:20 268:7,11268:14 269:1 270:2,23272:2 275:13 279:8280:2 283:8,10 284:12

Uravan 91:21 92:1 94:1997:23 98:5 109:9 137:24141:5 216:1 253:10

urge 278:18urgency 95:1urging 80:11usable 251:9 254:9use 53:10 56:1 73:1683:16 94:15 95:21110:11,14,19 120:23136:2 138:17,21 193:17207:1 209:17 217:7222:7 242:17,23

useful 105:5uses 85:19 140:5 153:14238:24

usual 172:14usually 90:4 135:16179:17 224:7,7

Utah 131:16 132:7,20134:11 135:11 183:3

196:3 212:25 219:15260:17 263:13,15 266:7266:10 267:20,23 268:7

utilized 137:1U.S 60:24 112:9 134:20136:9 146:8 186:16279:9

U.S.A 135:4 161:23162:16,18

U.S.C 264:4

Vvacated 266:1vacuum 139:4 249:2vague 127:3vagueness 127:11valid 80:20 104:3 110:9110:25

valley 68:13 90:6 97:998:14 100:21 101:14102:2 105:15 114:14,18137:17 141:23 164:10166:15,16 174:15215:12 225:6,7,15,25226:1,2,4,5,6 227:3243:5 252:21 253:1,2263:17 268:18,19

valleys 166:16valuable 268:16value 108:17,18vanadium 58:11 133:21134:5 136:18,23 137:7137:10 138:2,14,20,21139:2,5,20 140:4 145:11192:8,10 222:2,8,9,14222:15,18 252:10

vandalism 91:19variations 105:7,9variety 64:5various 60:3 64:20 88:2114:20 175:12 179:12179:13 183:6 197:13229:22 230:4 231:5

varying 65:16vegetation 98:20 143:17174:8 223:10,20 230:18238:19,22,23,24 257:24

vegetative 238:7vehicle 194:5,12 245:2vehicles 137:4 145:4verified 113:11

verify 124:3 235:12version 231:20,21versus 234:10,12vertical 107:10,11veteran 92:10vibrant 162:4vice 170:10vicinity 265:21 267:3view 53:20 78:11 143:1149:15 164:13 181:12220:21 227:14 239:21253:12,12,13

views 93:10violation 214:19violations 213:8,24214:8,11 277:8

violent 106:8,12virtually 73:2 75:8134:19 279:25

visible 143:8vision 89:1,21 102:5113:4

visited 274:4visitors 89:10visual 98:8 143:3 193:20voir 48:10,13 119:24176:1,6,11,13 184:20

volatile 95:14volatility 97:4volatilized 243:3volume 45:3 167:15193:7 220:9,10 222:23239:6 247:7 255:17

volumes 58:25 59:24150:23 166:19,22,24168:13 201:19 217:12220:17 223:14 225:22228:20 231:11 236:12

VORs 91:19

WW 46:17 270:3wages 99:7wait 111:2waiting 283:23 284:23,24waived 156:19walk 49:24 59:14 154:6165:8 191:15 250:15274:1

walked 53:21 160:15168:15

walks 91:12wall 220:23want 52:12,13 54:3 56:367:25 70:14 75:14 79:1582:3 85:11 87:21,2598:15 105:11,17 111:5117:13 119:18 129:18129:20 130:18,19146:24 150:4,9 153:1156:25 159:25 175:9,25176:7 179:15 201:10204:7 205:6 209:21211:16 217:20 230:19230:23 257:18 258:24260:1,9 261:16 263:6,18271:18,19 281:9 284:3,5284:6,17,19

wanted 54:19 56:23114:14 118:12,24129:24 131:4 169:24179:16,17 185:4 201:3249:19 259:23

wants 56:10 225:21258:22 259:3,17 282:17

warrant 269:1warranties 61:7wash 145:3washing 138:8wasn't 56:9 141:11 209:3251:8 252:18

waste 77:13 95:21,2396:3 139:9,11 192:11,12192:21,22 193:22 197:4217:2 255:19 257:12269:7 281:5,10

wastes 256:6watch 153:22 263:14watched 100:8 283:17,18watches 103:16water 61:5 66:15,1674:20,22,23,24 75:2,480:4,4 86:1 103:9 138:9139:15 141:17,20142:23 143:16 144:15144:16,17,18,19,24175:16,23 184:25 186:1186:14 187:3 193:18194:20 199:2,16,17206:19,19 207:11,12,13207:15,20,21 208:2,6,11208:12,14,17,22 209:1



209:16 210:21,23212:12,14 214:23 215:5215:13 216:2 221:14227:10,15 230:17,22234:22,23,24 235:17,22235:24 236:6 237:11238:25,25 248:20,22249:6,6,7,9 252:24254:1,10,12,22 260:19260:25 261:3,14,15263:7 269:17,21,23271:9,15 273:10,20274:18 276:18 279:16

watershed 141:18 260:21262:3 272:9

waterway 198:25 232:5waterways 234:20way 50:3 53:4 68:2571:23 75:6,12,23 76:8,977:18 84:11 97:1 100:6102:16 124:16 142:21154:1 157:16 163:15167:7 178:23 179:21189:2 219:14 231:22244:24 249:8 250:19256:23 257:10 258:2275:20 282:11 283:7

ways 87:16 144:25 145:2176:6 197:6

weapons 272:4Weather 90:13website 88:11 202:14203:2,2,22,23 266:5

wedged 100:7Wednesday 45:19week 209:2weekdays 194:9weeks 179:7weigh 70:8 81:10weight 187:12weights 105:14Weisheit 259:9,21260:12,12,14,15,16

welcome 67:22 160:15wells 46:10 175:7 207:2,3207:4,6,8 215:9,12227:22,23,24 228:6,6

well-intentioned 99:21went 73:17 98:19 124:12129:6 132:15 153:12161:11 162:9 165:25

186:16 190:15 191:1193:3 197:13 202:9,14240:14 243:4 248:16249:2 274:3

weren't 173:15 276:13west 91:22 92:16,18,2494:9,15 97:7 98:7 103:1109:25 113:20,23 196:2212:25 224:12 225:11

western 46:5 68:9 134:6wet 75:1we'll 55:25 73:23 74:2575:14 77:11 126:3129:17 153:1 156:18160:8 170:3 195:9 211:7236:24 244:22 259:6282:19

we're 51:8 70:13 73:2474:6 82:14 86:11 129:9130:21 154:12 159:22208:17 210:10 211:5260:22,25 262:20263:18,19 284:15

we've 62:18 82:21 99:22149:18 228:4 245:1283:23 284:10

whatsoever 278:16whereof 286:16Whirlwind 161:19 188:9188:15

white 82:18,18 106:4135:6 140:4 143:25162:25 267:4,11,18269:6 270:10

wide 101:18 145:23widen 194:16Wild 46:21,24 85:14wildfire 230:8 243:23wildlife 63:3,13 64:486:3 101:4 118:3,6143:17 145:12 174:3,8174:21 175:2 195:15,18223:10 230:18

willing 113:8 115:21127:15 159:20,20284:15

wind 91:19 105:12,14,16106:12,16,22 107:2,14108:21 110:14 225:5,13225:15,17 280:6

winds 110:15 225:10

267:13wind-blown 269:24winter 106:11 174:18195:24 272:8

wire 145:16wisdom 262:15wish 107:9 116:9,10278:9

witness 130:12,19147:12 158:10 159:6169:9 205:13 256:22285:6 286:16

witnesses 48:9 49:1850:6,8,9 52:16 54:14,22160:3

Wi-Fi 130:10wonderful 93:4wood 139:23wooden-type 221:19word 204:9 278:20words 71:17 277:22work 50:13 57:12 68:1372:4,4 73:7 76:12 89:593:16 108:18 112:19130:5 132:7,15 133:5,6140:3 149:23 151:20155:1 179:5 185:9188:16 194:10 235:6236:22 259:6 285:3

workable 252:19worked 77:6 131:23132:1 174:2,6 182:5,6,7183:22,22 184:6,8185:13 186:6 188:9246:1,7,8,9,12,13

worker 133:24workers 99:7 146:19197:16

workforce 282:1working 50:11 123:5126:7 129:10 132:21133:4 155:24 159:8162:1 173:23 183:3184:14 185:11,16 197:6217:16 245:14 247:2275:9

works 134:10,13 142:22258:3

worksheet 122:22worksheets 123:8world 105:19 136:12

worry 247:25 276:13worse 262:25worst-case 150:3 243:17worth 72:23 77:23,24285:2

wouldn't 54:25 92:2597:18 106:22 235:2243:5

wraps 70:1Wright's 90:7 91:24write 175:19 200:5,23259:14

writing 282:7written 119:10 171:18172:8,22 200:9 259:4266:17 282:4

wrong 164:6 224:16wrote 177:11Wynkoop 46:22Wyoming 79:8 132:24134:11

W-E-I-S-H-E-I-T 260:16

Yyard 90:6yeah 104:21 123:22124:25 133:15 152:9158:1 163:10 180:3192:19 198:16 202:8209:9 211:20 234:19236:20 243:14 272:13

year 62:11 74:1,2 90:593:4 96:13 100:1 105:18105:20 122:5 129:13135:3 136:5 146:9,17,19146:20 147:22 148:1,3,8148:11,21 162:19165:20 227:6 283:16

years 58:12 60:24 72:1389:25,25 90:12,22 91:2594:14 98:19 100:10,13101:22 105:19 131:12131:13,15 132:15,18136:13 142:13 150:3162:21 180:16 181:22182:9 183:24 184:13185:11,14,19 186:11,12189:2 191:2 226:8,24246:1 251:14 255:5258:10,11 261:17,19,19268:8 269:7,12 271:3,4



271:4 275:9 280:18,25283:12,22,23 284:22

year-end 181:1yellow 98:20yellowcake 139:19192:10 243:20 248:24

yesteryear 109:7York 107:22 108:12260:20

youth 90:2 92:23you-all 104:6,10Y11 53:19

ZZack 177:24 178:3 246:11zero-discharge 139:4144:22 227:19 249:3

zone 216:2 282:12

$$100 99:13$11 98:1$140 69:6$15 66:23 97:22$150 69:6$152 121:15$200 76:13$42 69:8$50,000 173:7$70 97:23$80 76:12

009 150:22

11 77:3 200:12,19 201:5210:11,17 220:17222:24 236:12 258:16262:21

1C 256:4,161,000 74:14 113:7 207:18207:24,24 208:1

1,000-gallon-per-day207:16

1,000-ton-per-day 74:41,200 284:5,181,500 74:141,500-ton-per-day 73:2173:24

1-million-acre-foot261:6

1.4 217:101.5 234:51:00 153:221:04 156:1010 101:22 108:3 148:11223:14

10:17 117:2210:36 117:22100 147:22 148:2,8 191:2208:5,8 224:18 277:8

100-foot 224:17 240:1100-year 235:25104 136:101045 45:20105 62:7 75:2511 55:2 228:20 231:1111e(2) 139:10 192:11217:2 263:21

11-by-17 191:1011:28 154:1311:30 153:2211:38 154:1311:40 156:10111 154:16,17119 48:1012 45:2 137:16 157:21193:7 228:20 231:11

13 217:12 224:22 239:6131 48:121318 45:214 120:10 217:12 286:18140 193:25141 101:11 207:19 219:9219:13

141-145 98:1315 58:25 141:24 150:22157:14,21 166:23215:12 225:4

15th 53:14 152:19 200:1315-million-dollar281:11

15-volume 59:13150 240:12150-million-dollar 83:81525 46:171536 46:22158 195:13,1616th 286:22160 48:1217 201:5 271:3170 174:25

1700 46:10175 208:5,7176 48:1318 151:11,13,13 250:14185 48:13191 219:16,22,241911 46:31935 261:21950s 280:11965 109:251980 143:25 163:241982 189:41984 116:161992 283:131994 90:7 162:5

22 48:19 124:1 145:16148:19 200:18 210:15210:18 220:17 234:13236:12 272:25 273:1274:6

2.2 192:7,202:25 218:12:53 218:120 135:10 141:24 163:11163:13 166:19,22177:21 181:22 184:13194:8 196:6 201:19239:24 240:3 274:12,13

20th 120:420-foot 240:1200 148:1 196:6,13258:10

2003 129:6 189:72004 90:102005 161:3 261:9,122006 69:2 121:24 122:1129:10 132:16 141:10161:17 162:15 163:19165:5,5

2007 58:10 121:22 129:13143:13,14

2008 77:12 110:21 153:11168:16

2009 59:2 65:18 71:1472:22 80:14 129:7177:14 188:5 202:22,25261:4

2010 60:13,13 62:2 65:1872:24 124:3 171:9 172:6

202:16,25 238:10 239:8239:11 241:19 247:12

2011 60:24 200:16 202:252012 45:4,19 125:22280:20 286:17

2016 286:18202103 264:4210 48:19216 286:2223 137:18235 135:20 140:2 242:25238 46:3 135:18 242:2224 274:1525 99:13 148:4 194:726 283:14260 48:15270-day 81:5

33 145:16 148:19 151:11191:7 207:20 220:9,10223:14 234:13 247:7272:23 273:14,14 274:7

3,000 199:53:51 259:1930 58:12 60:24 131:12136:13 162:21 171:4189:1 194:9 196:6251:14 260:24

30th 286:1730-footer 224:19300 118:20 119:2 148:1207:18

300-day 81:53024 168:17303 46:22310 146:9,133200 46:10349 46:635 271:3

44 120:7 121:3 126:13166:25 191:8 193:15202:10 211:23 225:16255:17

4th 93:34-acre 140:134-inch 150:224.11 196:244.12 192:21



4.4 199:34:00 52:14 250:25 258:174:01 259:194:42 285:940 90:22 91:21 105:19162:21 185:24 225:17261:17,19,19 270:2

40-something 96:1440-year 109:12 137:7140:14

400 134:9 146:13,18163:10

415 174:14,16 175:1195:12,14

42 264:443 139:24 225:344 46:1445 60:9450 141:16 146:16 148:22199:8 254:9

46 219:17,2247 89:25470 190:19

55 90:10 108:4 136:6146:20 150:23 167:1191:9

5th 156:145,000 146:2050 91:21 103:5 275:950s 95:1,6500 74:1,15,21 137:8151:3 207:17 208:10

500-ton-per-day 74:5194:6 207:19

526 146:1353 224:2455 136:555-gallon 137:11 139:5,8222:13,19

56 48:458 280:3

660 101:9,10 106:23 225:4225:17 234:9,14 275:9280:18

60-mil 232:17,2160-millimeter 234:5600 46:14

61 270:36215 47:2650 286:2266 224:2368 48:569 225:1

77 45:4,19 135:20 211:13242:25

7th 46:18 49:470 106:23 272:2070-something 96:1372 89:24

88 210:11 225:168,000 275:148-foot 145:148-million-acre 261:38:46 45:19 49:480 239:18 275:14 283:14283:15

80s 161:6 283:1580,000 275:15800 275:14800,000 280:25800-year-old 94:1180202 46:23 286:2280203 46:11,1880228 46:1480303 47:380540 46:681301 46:485 48:6 196:4861-12-2-2011 200:1787 48:7880-acre 137:19

990 65:15 137:18 140:9219:10,17 226:3 240:12273:9

95 90:9 162:996 225:399 134:1999.3 135:18 242:2199.9 145:6

Pinon Ridge Hearing Transcripts Part 1

Documents

sheep mountain

atomic energy

san miguel

san juan county

nuclear regulatory

faegre baker

energy fuels

environmental