Pinon Ridge Hearing Transcripts Part 6

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1389

JUDICIAL ARBITER GROUP

JAG No. 12 A 1318__________________________________________________

REPORTER'S TRANSCRIPT OF HEARING, VOLUME VIINovember 13, 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 Honorable Richard W. Dana on Tuesday,

November 13, 2012, beginning at 8:37 a.m., at

1045 Main Street, Nucla, Colorado, before Janet Lee

Priestley, Registered Professional Reporter and

Notary Public within and for the State of Colorado.



1390

1 APPEARANCES:

2 FAEGRE BAKER DANIELS, LLP By James R. Spaanstra, Esq.

3 Olivia D. Lucas, Esq. 1700 Lincoln Street, Suite 3200

4 Denver, Colorado 80203 ENERGY FUELS RESOURCES

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

6 Affairs 44 Union Boulevard, Suite 600

7 Lakewood, Colorado 80228 Appearing on behalf of Energy Fuels

8 Resources.

9 TRAVIS STILLS, ESQ.

10 Energy Minerals Law Center 1911 Main Avenue, Suite 238

11 Durango, Colorado 81301 and

12 JEFFREY C. PARSONS, ESQ. Western Mining Action Project

13 P.O. Box 349 Lyons, Colorado 80540

14 Appearing on behalf of Sheep Mountain Alliance.

15

16 MATT SANDLER, ESQ. Rocky Mountain Wild

17 1536 Wynkoop Street, Suite 303 Denver, Colorado 80202

18 Appearing telephonically on behalf of Rocky Mountain Wild, Center for

19 Biological Diversity, and Colorado Environmental Coalition.

20

21 OFFICE OF THE ATTORNEY GENERAL By Jerry W. Goad, Esq.

22 First Assistant Attorney General 1525 Sherman Street, 7th Floor

23 Denver, Colorado 80203 Appearing telephonically on behalf

24 of Colorado Department of Public Health and Environment.

25



1391

1 APPEARANCES: (Continued)

2 ROBERT LOUIS GROSSMAN, PhD 6215 Baseline Road

3 Boulder, Colorado 80303 Party in Interest

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1392

1 I N D E X

2 WITNESSES PAGE

3 FRANK FILAS Redirect Examination by Ms. Lucas 1,394

4 Recross-Examination by Mr. Stills 1,405 Recross-Examination by Dr. Grossman 1,408

5 Redirect Examination by Ms. Lucas 1,411 Further Recross-Exam by Mr. Stills 1,412

6ROBERT L. GROSSMAN

7 Direct testimony 1,416 Cross-Examination by Mr. Spaanstra 1,450

8 Cross-Examination by Mr. Stills 1,469 Cross-Examination by Mr. Sandler 1,482

9 RANDY BARNES

10 Direct testimony 1,487 Cross-Examination by Dr. Grossman 1,501

11 Cross-Examination by Mr. Stills 1,503

12 KIMBERLY F. MORRISON Direct Examination by Mr. Spaanstra 1,512

13 Voir Dire Examination by Mr. Stills 1,514 Direct Exam resumed by Mr. Spaanstra 1,515

14 Cross-Examination by Mr. Stills 1,536 Cross-Examination by Dr. Grossman 1,564

15 Cross-Examination by Mr. Sandler 1,571 Recross-Examination by Dr. Grossman 1,576

16 Recross-Examination by Mr. Stills 1,577

17 ROMAN POPIELAK Direct Examination by Ms. Lucas 1,578

18 Cross-Examination by Dr. Grossman 1,595 Cross-Examination by Mr. Stills 1,599

19 SANDRA L. GOODMAN

20 Direct Examination by Mr. Moore 1,612 Voir Dire Examination by Mr. Stills 1,614

21 Direct Examination resumed by Mr. Moore 1,616 Cross-Examination by Mr. Stills 1,627

22 Cross-Examination by Dr. Grossman 1,640

23 CLOSING STATEMENT PAGE

24 By Dr. Grossman 1,652 By Mr. Stills 1,654

25 By Mr. Sandler 1,659



1393

1 I N D E X (Continued)

2 SMA EXHIBITS ADMITTED

3 Exhibit 32 9-20-12 Caroline Lee E-mail 1,580

4 Exhibit 33 9-19-12 Golder Associates report 1,580

5 Exhibit 34 One-page summary of sections of 1,580 the application

6

7ENERGY FUELS EXHIBITS

8Exhibit 3 Kimberly Morrison's report 1,516

9

10DR. GROSSMAN'S EXHIBITS

11Exhibit 1 Dr. Grossman's opening statement 1,414

12Exhibit 2 Document prepared by Dr. Grossman 1,427

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1394

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

2 HEARING OFFICER: Ms. Lucas, it's your

3 witness.

4 REDIRECT EXAMINATION

5 BY MS. LUCAS:

6 Q Good morning, Mr. Filas. Yesterday we

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

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

9 touch on some points that were raised yesterday.

10 MR. STILLS: I can hardly hear. I'm

11 sorry.

12 MS. LUCAS: I'll wait for that to shut

13 off.

14 Q (By Ms. Lucas) Okay. Yesterday we heard

15 some talk about alternate feed delivered to the mill.

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

17 position of the license application, is Energy Fuels

18 expecting CDPHE to issue a license allowing Energy

19 Fuels to process alternate feed at the Pinon Ridge

20 mill?

21 A No.

22 Q We also heard about the Whirlwind mine and

23 your involvement there with the water treatment

24 system. Mr. Stills showed some documents on the

25 screen. What were those?



1395

1 A Those were monthly discharge reports to

2 CDPHE's Water Pollution Control Division in which we

3 relayed the monitoring results from the water

4 treatment system.

5 Q And Energy Fuels wasn't cited for any

6 violation of its discharge permit at the Whirlwind

7 mine, was it?

8 A That's correct.

9 Q We heard some talk about different types

10 of tailings; paste tailing, which are also referred

11 to as dry stock tailings, and we heard that the

12 environmental report did not analyze these paste

13 tailings and that they also were not included in your

14 application. Why not?

15 A Probably two reasons, more than anything

16 else. One is paste tailing, as the name implies, are

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

18 headache, trying to pump these type of materials.

19 The other probably more compelling reason was that we

20 felt strongly conventional tailings with a water

21 cover was better at reducing radon emissions than

22 having up to 10 acres of dry tailings exposed to the

23 environment.

24 Q You've also testified that Energy Fuels is

25 seeking an air permit from the Air Pollution Control



1396

1 Division in a separate process. That air permit is

2 for a mill for a thousand tons per day. Why?

3 A When we initially met with these folks, we

4 told them that we were initially going to process

5 500 tons per day. And they said, Do you have any

6 future plans? And we said that we would like to

7 expand it to a thousand tons per day. And they

8 indicated under the EPA rules that they adopted that

9 they would prefer to permit for a thousand tons per

10 day so that they could verify what our final size of

11 the mill might be.

12 There's a difference between having a

13 minor source and a major source. And if you are a

14 major source, then there's more restrictive controls

15 on you. It ended up the thousand tons per day was

16 also a minor source, but that is the way that the

17 Water Pollution Control Division -- excuse me -- the

18 Air Pollution Control Division would -- that's what

19 their regulations dictated.

20 Q Okay. So essentially your overpermitted

21 on the air side?

22 A That's correct. But as you're aware, as

23 far as other permits like with the radiation program

24 or with the county, we're limited to an average of

25 500 tons per day. And those are the -- we have to go



1397

1 by our most restrictive permits.

2 Q Assuming that the radiation program of

3 CDPHE approves the radioactive materials license for

4 the 500-ton-per-day mill that's being talked about in

5 this proceeding, if Energy Fuels wanted to expand

6 operations to a thousand tons per day, isn't it true

7 that you'd have to go through this entire radiation

8 program, CDPHE licensing process again?

9 A Well, we wouldn't necessarily have to --

10 we'd maybe do baseline studies. But we would

11 certainly have to amend our license application and

12 look at the additional impacts associated with the

13 larger facility. We would also have to go back and

14 amend our special use permit with the county.

15 Q There's a lot more licensing to be done if

16 you're planning to expand?

17 A Exactly. We're limited to 500 tons per

18 day if we're approved.

19 Q Okay. Moving to a different area,

20 yesterday Mr. Stills asked you some questions about

21 the surety bond with CDPHE, And he asked you about

22 the Ames Construction estimate for surety up on the

23 screen. Were any other external estimates performed

24 by Energy Fuels or for Energy Fuels?

25 A Yes. There were two others; one by U.S.



1398

1 Reclamation, which is a very detailed estimate, and

2 other one was done by KGL.

3 Q And ultimately with the previous license

4 application, Energy Fuels proposed an $11 million

5 bond. Why?

6 A U.S. Reclamation's estimate was

7 13 million.

8 MR. STILLS: Your Honor, if I may object,

9 I think we're testifying to new facts not in evidence

10 anywhere that I know of. U.S. Reclamation and KGL

11 should have been disclosed. I've never seen them.

12 MS. LUCAS: Did you look at all the

13 produced documents?

14 MR. STILLS: I did. Are they in there?

15 MS. LUCAS: I think they should be. But

16 if they're not, we can get them to you.

17 MR. STILLS: I guess I'll have recross,

18 then.

19 HEARING OFFICER: Which documents? Are

20 they in the record?

21 MS. LUCAS: Apparently not because

22 apparently they're not within the documents that

23 Mr. Stills --

24 MR. STILLS: It's your record. I mean,

25 that's why I made the objection. We're moving into a



1399

1 whole new line of testimony.

2 MS. LUCAS: Okay. We'll move on. We can

3 stop talking about that.

4 Q (By Ms. Lucas) Energy Fuels entered into

5 a settlement agreement with the Town of Telluride and

6 San Miguel County; is that correct?

7 A That's correct.

8 Q And in that settlement agreement Energy

9 Fuels agreed that it would post a surety of no less

10 than $15 million if a license issued; isn't that

11 right?

12 A That's correct.

13 Q And also, if a license issues, a

14 radioactive material license issues, CDPHE will

15 review the surety amount every year; isn't that

16 correct?


18 Q Moving on, Dr. Grossman asked you some

19 questions last night about the transportation of ore

20 and reagents to and from the site. Do you recall

21 that?

22 A Yes.

23 Q Where does the application documents --

24 where do the application documents address

25 transportation issues?



1400

1 A There's three places. One is in Volume 3.

2 We have a mine operations plan. And that plan

3 outlined what our ore haulage would look like on

4 average over the life of the mill, the number of

5 trucks. We also included an emergency response plan,

6 a generic one, for ore haulage. Again, since we

7 hire contractors to do this work, they have to come

8 up with their own plan. But we gave them a pretty

9 substantial plan that could form the basis for their

10 plans, if they wanted to.

11 We also in -- Volume 14, I believe, is the

12 permanent access permit application and traffic

13 study. In that we looked at the traffic associated

14 with the 1,000-ton-per-day mill. Again, this was one

15 we did for a thousand tons per day because we

16 obviously didn't want to build the new access and

17 then have to tear it up and make it bigger or longer

18 so we permitted for the most extreme case there. So

19 there's a traffic study in there that talks about the

20 traffic volumes and frequencies.

21 And finally, the environmental report

22 looked at transportation and transportation impacts

23 in detail. And so those are the three locations in

24 the application.

25 MS. LUCAS: Okay. And for the record,



1401

1 Your Honor, in our multidisk set that you have,

2 Volume 14 -- actually, all of that is on the first

3 disk, Disk 1. Within that disk we talked about

4 before, there are many folders, and they're each

5 labeled disk something. Volume 14 is in the folder

6 labeled Disk 15, and the mine operation plan is in

7 the disk -- in the folder labeled Disk 4.

8 Q (By Ms. Lucas) So there's discussion in

9 the application documents about transportation. Can

10 you explain some of the shipping standards for ore,

11 yellowcake, and reagents that were agreed to in the

12 settlement agreement with Telluride and San Miguel

13 County?

14 A Okay. I've got Exhibit A from that

15 settlement agreement in front of me, and I'll name a

16 few. There's quite a few requirements here. We'll

17 just hit the big ones. "The tonnage to be shipped

18 shall be limited by the size of the trailer and

19 weight restrictions imposed by any local or state

20 agencies on the roads to be traveled. Prior to

21 leaving the site," the mine sites -- or maybe this is

22 the mill. "Prior to leaving the site, trucks shall

23 be scanned periodically to verify gamma exposure

24 rates are not in excess of regulatory limits. The

25 truck and trailer shall be visually inspected to be



1402

1 sure the load is secured, covered, and there's no

2 leakage from the bed and there is no loose ore on the

3 vehicle. The trailer must be kept closed at all

4 times when containing uranium ore and when emptying

5 by the use of a tarpaulin or other suitable cover.

6 Q Okay. Dr. Grossman also asked about the

7 emergency response plan. Do you recall that?

8 A Yes.

9 Q And can you -- let me rephrase.

10 The application contains an emergency

11 response plan, doesn't it?

12 A Yes. Again, we have an emergency response

13 plan for the mill which also includes supporting any

14 sort of transportation accident in the vicinity of

15 the mill.

16 MS. LUCAS: Okay. And I guess for the

17 record, just to point out where this is, it's in

18 Volume 12 of the application. Again, in our record

19 it's on Disk 1 in the folder labeled Disk 13 A,

20 Appendix 3, Volume 12 replacement. Apparently we had

21 a blank disk in our original set.

22 DR. GROSSMAN: Could you say that again,

23 please.

24 MS. LUCAS: Sure. So online if you go

25 under "Applications and Documents," it's very clearly



1403

1 labeled under Volume 12. That's probably the easiest

2 place to find it for the public and citizens. In

3 this proceeding we also had disks of the record that

4 was before the district court. And in that, it's on

5 the first disk. And then that disk has a bunch of

6 folders in it, and each of those folders is labeled

7 disk something, Disk 1, Disk 2. And so it's in the

8 folder Disk 13 A.

9 DR. GROSSMAN: Thank you.

10 MS. LUCAS: Absolutely.

11 Q (By Ms. Lucas) So the emergency response

12 plan is in the application documents. And the

13 settlement agreement also contains more details about

14 emergency response, doesn't it?

15 A Yeah. It has quite a few details. Again,

16 I'll just hit some of the highlights. I won't -- I

17 believe all this is in the record so I don't

18 necessarily need to read it all. "The emergency

19 response plan along with the applicable emergency

20 response guidelines shall contain the following

21 information: the basic description and technical name

22 of the hazardous material, immediate hazards to

23 health, risks of fire or explosion, immediate

24 precautions to be taken in the event of an accident

25 or incident, immediate methods of handling fires,



1404

1 initial methods for handling spills or leaks in the

2 absence of fire, preliminary first aid measures.

3 "All shipments shall include appropriate

4 documentation and onboard shipping papers. The

5 carrier shall have detailed emergency response plans

6 including emergency contact information. In the

7 event of an accident, emergency response may include

8 the following: A representative of Energy Fuels will

9 be contacted and dispatched to the scene to ensure

10 proper handling of the accident. The driver, if

11 capable, shall be responsible for the accident scene

12 until emergency responders arrive. An emergency

13 response team shall be dispatched to the site. Other

14 emergency responders, including local fire and law

15 enforcement, may be dispatched to the accident, as

16 appropriate. The accident scene shall be assessed

17 for potential hazards including injuries, fire, fuel,

18 spills, down power lines, traffic hazards, and

19 proximity to bodies of water. Immediate hazards

20 shall be abated, injured people shall be treated, and

21 traffic control shall be established."

22 I'm going to skip some of these here. I

23 think you get the idea. "After spilled material is

24 removed" -- this is referring to ore or yellowcake --

25 a scintillometer or gamma meter shall be used to



1405

1 identify any additional hot spots of residual

2 material for cleanup. The cleanup shall not be

3 completed until the area is at or near background

4 levels of radiation. Depending on the severity of

5 the accident, one or more state and federal agencies

6 shall be notified." Again, it goes on. But I think

7 you get the idea.

8 MS. LUCAS: Okay. That's all I have.

9 Thank you.

10 HEARING OFFICER: Recross? We skipped the

11 material, as I understand it, about these estimates.

12 MS. LUCAS: That's right. That was

13 withdrawn.

14 MR. STILLS: And I just want to ask a

15 couple quick questions.

16 RECROSS-EXAMINATION

17 BY MR. STILLS:

18 Q There are additional bonding estimates

19 that Energy Fuels had in its possession other than

20 the Ames Construction; is that correct?

21 MS. LUCAS: Objection. I thought we

22 withdrew this line of questioning. That was my

23 intent.

24 MR. STILLS: I objected to going into

25 detail on it. The fact that they exist I didn't



1406

1 object to.

2 MS. LUCAS: I withdrew the line of

3 questioning.

4 HEARING OFFICER: Well, this question was

5 asked and answered. It's responsive.

6 MR. STILLS: Okay. So it's in the record.

7 Q (By Mr. Stills) And the emergency

8 response plan only offer covers accidents that could

9 happen near the mill; is that correct?

10 A No. Our mill responders would go to a

11 spill if it occurred within the general area. In

12 other words, if it's an ore truck hauling to the

13 mill, we would be there. But, for example, if it's a

14 yellowcake truck that is, say, in Indiana and it has

15 an accident, we would send a representative, but

16 they're required to have their own emergency response

17 team on call 24/7 to respond. In that case it's a

18 little too far for us to be of much use other than to

19 send a representative and make sure that the cleanup

20 was done properly.

21 Q But shipping yellowcake to a buyer is

22 integral to your business, is it not?

23 A It becomes the buyer's property at the

24 mill so it is --

25 Q Somebody else's problem?



1407

1 A It is primarily their responsibility.

2 Q Call the fire department in Indiana. Call

3 the fire department over there. We're not concerned

4 about it. We're just going to assume for purposes of

5 the plan that somebody else will take care of it.

6 That's correct, right?

7 A That's not what I said.

8 Q Is my characterization correct?

9 A No. I said that we would send our

10 representative who would look over the shoulder of

11 their emergency response team and ensure that the

12 work, the cleanup, was done correctly.

13 Q And is the adequacy of anyone's response

14 team analyzed in the environmental report?

15 A We do not look specifically at emergency

16 response teams for our contractors because they

17 obviously have to select their contractor when they

18 obtain a contract with us, and that has not happened

19 because the mill has not been built. This is

20 something that when we sign a contract with people,

21 we ensure that they have in place an emergency

22 response team.

23 Q But you anticipate signing contracts with

24 people to do this shipping?

25 A Correct.



1408

1 MR. STILLS: No further questions.

2 HEARING OFFICER: Dr. Grossman?

3 DR. GROSSMAN: I have a question.

4 HEARING OFFICER: Yes.


6 BY DR. GROSSMAN:

7 Q With respect to this emergency response

8 and transportation and your relationship with the

9 Colorado Department of Transport, there's been a

10 little bit of news around here in the last month

11 about an asphalt spill out at in Dry Creek Basin that

12 went unnoticed until the sheriff just happened to be

13 taking a ride out there on his motorcycle on the

14 weekend and saw it, videoed it, raised hell about it,

15 and got it cleaned up. And it turned out that the

16 problem was, A, they didn't know what the material

17 was; and B, there was some kind of permitting that

18 had to go on between the San Miguel -- the cleanup

19 people and the Department of Transport, and that kind

20 of fell through the cracks. So could you tell us in

21 the emergency response world what kind of

22 conferencing or communication you've had with the

23 Department of Transport so that we don't have to wait

24 two weeks to get a cleanup done just because of

25 bureaucracy?



1409

1 A As you mentioned, one of the things that

2 we did when we put together the emergency response

3 plan was to contact the local responders. Colorado

4 Department of Transportation was obviously in there.

5 We set up preliminary plans so that later, once the

6 facility is constructed, we would do training

7 exercises and would have -- at that point in time

8 we'd have updated contact lists. We do have contact

9 lists in there now, but we would certainly -- we've

10 committed to doing training and working with outside

11 responders to make sure we have a coordinated effort

12 on any emergency response situation.

13 Q Thank you. I guess my concern is that the

14 Department of Transport, I guess, is the final

15 arbiter on what goes on on the roads here. And I'm

16 just concerned, as a citizen, whether Montrose County

17 and San Miguel County, Delta, Grand, and Mesa, the

18 surrounding counties to this road, to this mill,

19 would have adequate response teams to go out into

20 these remote areas and pull a truck full of uranium

21 ore out of a ditch 50 feet deep with it spread all

22 the place and maybe a dead driver, God forbid, so

23 that nobody really knew about it until he didn't show

24 up at the mill. This concerns me. And there's

25 nothing that you-all can do about it except insist



1410

1 that you have adequate response teams 24/7 sitting

2 around like at the fire station, ready to take care

3 of this dangerous material while it's on the road.

4 A Is that a question?

5 Q Yeah. Do you have -- have you

6 communicated with these sheriff departments to ensure

7 that they have or will have an adequate number of

8 response teams or response capability to take care of

9 these accidents away from the mill? I understand

10 that you've got it covered maybe within a few miles

11 of the mill, but away from the mill?

12 A As I mentioned, we will have our ore

13 haulage trucks covered by our emergency response

14 team. In some cases, with some of these counties

15 that are more -- have larger populations such as Mesa

16 County, they have emergency response teams of their

17 own.

18 In the more rural areas you're looking at

19 voluntary response teams. However, in our case, if a

20 contractor hauling ore would have an accident, we

21 would have our response team there. And no, they are

22 not sitting around at a fire station, waiting to be

23 called. They're people who work at the mill who have

24 been trained, and they'll be available whether

25 they're on-shift or off-shift if there's an accident.



1411

1 DR. GROSSMAN: I'm through.

2 MS. LUCAS: If I may, just a few points to

3 clarify some of this.

4 FURTHER REDIRECT EXAMINATION

5 BY MS. LUCAS:

6 Q I was just referring to Exhibit A again.

7 Some of the points on there might address

8 Dr. Grossman's questions. Frank, if you could look

9 at Page 2 --

10 DR. GROSSMAN: Excuse me. Are we talking

11 about the settlement with --

12 MS. LUCAS: Yes.

13 DR. GROSSMAN: I'm sorry.

14 MS. LUCAS: Exhibit A to the settlement

15 agreement with San Miguel and Telluride.

16 MR. STILLS: For my clarity -- I'm sorry.

17 Is he looking at Exhibit A right now?

18 MS. LUCAS: Yes, he is.

19 MR. STILLS: Okay.

20 Q (By Ms. Lucas) Second page, eighth bullet

21 point, can you read that for us.

22 A "The emergency response plan must clearly

23 define who is responsible for each type of emergency

24 response action."

25 Q Moving down that page, two bullets down



1412

1 after the --

2 A "Mine safety personnel shall provide

3 training to carrier personnel for the proper loading

4 and transportation of ore."

5 Q And the last bullet on that page?

6 A "A record of current carrier providing

7 training shall be maintained by the transportation

8 contractor for every employee of the contractor."

9 Q Okay. On the next page, the eighth bullet

10 down.

11 A "All shipments shall be transported by

12 personnel who are certified and trained to transport

13 hazardous materials."

14 Q Okay. And the last point I want to bring

15 out -- and I think this goes to the sort of waiting

16 around the fire station scenario -- if you could go

17 to the eleventh bullet, three down.

18 A "All shipments shall be supported by an

19 emergency response team in the event of an accident."

20 MS. LUCAS: That's all I have.

21 MR. STILLS: I believe there were two

22 sections of that. I have one question, if I may.

23 FURTHER RECROSS-EXAMINATION

24 BY MR. STILLS:

25 Q You talked about mine safety and ore



1413

1 haulage; is that correct?

2 A I just read that, yes.

3 Q And that's part of the application that we

4 have here?

5 A There is an emergency response plan in the

6 appendix to the mine operations plan.

7 Q And the emergency response plan that you

8 just described addresses activities taking place on

9 federal public lands; is that correct?

10 A If it occurs on federal public lands,

11 there would be a remedial -- or there would be a

12 response, yes.

13 Q But the plan that you have and that you've

14 just described addresses activities on federal public

15 roads and federal public mine sites; is that correct?

16 A As well as private roads, state highways,

17 and other roads.

18 MR. STILLS: Would you read my question

19 back, please.

20 Listen carefully, and answer specifically.

21 (Last question read.)

22 A Yes.

23 MR. STILLS: Thank you. Nothing further.

24 HEARING OFFICER: Thank you. Wait a

25 minute.



1414

1 Mr. Sandler, do you have questions?

2 MR. SANDLER: Nothing further for

3 Mr. Filas. Thanks, Judge.

4 HEARING OFFICER: Dr. Grossman, do you

5 want a break before you start, or do you want to go

6 ahead?

7 DR. GROSSMAN: I can go ahead, if you

8 want.

9 HEARING OFFICER: The chair's yours. Do

10 you want to testify from there or up here? Do you

11 need your computer?

12 DR. GROSSMAN: No.

13 HEARING OFFICER: Okay. Why don't you

14 come up here, then.

15 DR. GROSSMAN: I'm sorry. I would like to

16 first put in my opening statement as testimony or as

17 Exhibit 1, I guess.

18 HEARING OFFICER: Do you have a written

19 copy of it?

20 DR. GROSSMAN: I sent you a copy by

21 E-mail, and I can get a written copy to you.

22 HEARING OFFICER: Is there an objection?

23 MS. LUCAS: I'm sorry?

24 HEARING OFFICER: Dr. Grossman wants to

25 submit his opening statement as an exhibit.



1415

1 MS. LUCAS: Oh, his opening statement? No

2 objection.

3 MR. STILLS: No objection.

4 MR. GOAD: No objection.

5 MS. LUCAS: I'm sorry. Just to clarify,

6 this is the same one that you circulated --

7 DR. GROSSMAN: At the very beginning.

8 MS. LUCAS: At the very beginning, a week

9 ago, right?

10 DR. GROSSMAN: Right.

11 MR. SPAANSTRA: Well, Your Honor, we've

12 indicated this proceeding is different than maybe any

13 that we've ever participated in. I think I noted

14 that he was testifying in his opening statements so I

15 think this affirms that.

16 HEARING OFFICER: It may void your

17 objection.

18 DR. GROSSMAN: I took that into account.

19 HEARING OFFICER: All right. I will make

20 sure I print it and mark it as an exhibit.

21 (Grossman Exhibit 1 admitted.)

22 DR. GROSSMAN: Given what I'm about to

23 say, it's as an exhibit, as well so, it's available.

24 I've broken this into basically kind of an outline

25 and then a discussion of that outline to some degree,



1416

1 taking a lot of latitude with it. But I'm a citizen

2 of the state of Colorado and a resident of --

3 HEARING OFFICER: Wait a minute. Raise

4 your right hand. I forgot to do that.

5 (Dr. Grossman was sworn by the Hearing

6 Officer.)

7 HEARING OFFICER: And your name is

8 Dr. Robert Grossman?

9 THE WITNESS: That's correct.

10 HEARING OFFICER: Go ahead. I'm sorry I

11 interrupted.

12 ROBERT L. GROSSMAN,

13 being duly sworn in the above cause, testified as

14 follows:

15 DIRECT EXAMINATION

16 DR. GROSSMAN: I'm a resident of Montrose

17 County, West End. I live three miles north of

18 Norwood. I can see Paradox Valley from my front

19 yard, and I'll probably see the smoke from this mill.

20 So I have an outline here, and it's just want to give

21 you-all an idea of where I'm coming from.

22 These are my major issues. First is the

23 dispersion modeling of normal and extreme conditions.

24 I'm concerned about the data that was used for

25 normal. One year of data is not climate. There were



1417

1 no comparisons with long-term stations using standard

2 techniques. I'm concerned about the models that were

3 used to characterize high wind, dust storm conditions

4 and were these proper models used. If not, why

5 wasn't this part of the permitting process? Were

6 proper models used for a serious mill accident during

7 high winds? If not, why is this not part of the

8 permitting process? Were proper models used to

9 account for dust and fugitive ore from supplying

10 mines and secondary roads use? If not, why is this

11 not part of the permitting process?

12 Over in the world of transportation -- and

13 this has been covered a bit, but I'm still going to

14 get it into the record. I couldn't find a separate

15 transportation plan that addresses the regional

16 transportation impacts of this project. And I ask

17 why is this not part of the permitting process with

18 DOT, Colorado Department of Transport, as the

19 approving agency? Why have regional transport

20 impacts not been addressed?

21 And when we get to the permitting process,

22 why is CDPHE apparently the only permitting agency?

23 Why isn't there a group of agencies charged with

24 various aspects of the mill permit included in the

25 determination and limitations of the permit with a



1418

1 single panel appointed by the governor's office with

2 final decision authority? I'll get into that a bit.

3 Were public interest groups asked for

4 inputs as much as Energy Fuels? There seems to be a

5 difference in the way the permitee and those with

6 questions about the permit were treated. Did CDPHE

7 ever meet with public interest groups other than in

8 public comment sessions, court, or hearings like

9 this? If not, why not?

10 And now I'll go into more detail. As an

11 expert in the field of meteorology, I can attest that

12 the USA climate normal, according to NOAA, is a

13 30-year average. Every 30 years this average or

14 normal is reevaluated, which was done recently, so

15 the new normal is slightly higher than the old normal

16 pretty much all over the country. This is with

17 respect to temperature. But these normals are

18 calculated for all the basic meteorological

19 variables: temperature, humidity, wind speed,

20 et cetera.

21 So in my opinion, I want to emphasize that

22 within the NOAA station climate paradigm, the data

23 obtained for one year, April 2008 to April 2009, at

24 the proposed Pinon Ridge mill site is useless in

25 determining the climate of the site or local area. I



1419

1 note that an attempt was made to compare this year to

2 a normal station at the Nucla Airport. I wasn't sure

3 that that was the 30-year record. And at Uravan,

4 apparently a co-op site, the standard techniques for

5 comparison were not presented, only a rough

6 comparison with no conclusions other than, quote, The

7 monthly wind speed averages from Site 1 and 2 are

8 higher than the Nucla long-term averages. However,

9 both data sets exhibit similar annual patterns.

10 No analysis was shown. Uravan is in a

11 canyon, very different than the mill site. And the

12 Nucla Airport is on top of a mesa, a much bigger

13 altitude difference than the 3-meter Nucla tower

14 height and the 10-meter Pinon Ridge tower height

15 discussed in the environmental impacts analysis.

16 That's called EIA, to differentiate it from the ER,

17 which was compiled by Energy Fuels.

18 In my opinion, I recommend at least five

19 years of data at the Pinon Ridge mill site to get a

20 handle on interannual variability of meteorological

21 variables commonly observed from meteorological

22 towers such as temperature, humidity, pressure, wind

23 velocity and rainfall. I also recommend annual

24 updating of the mill site meteorological data to form

25 a climate data time series. These data should be



1420

1 available to the public in a format available for

2 analysis such as comma or space delimited variables.

3 In the couple of weeks prior to this

4 meeting, I was made aware that this data was

5 available to me on the Web. But when I got there, it

6 was in PDF format. And without expensive software, I

7 could not convert that. And I'm somewhat technically

8 challenged at this stage of my life so that I could

9 not convert that data so that I could use it. Later,

10 thanks to Faegre Daniels, I was able to get that

11 data. And you'll see some of that analysis now.

12 With respect to the models used for

13 emissions and air dispersion, these are two models

14 that were stated, MILDOS and AERMOD. The MILDOS

15 model was discussed in the cross-examination of

16 Dr. Craig Little, Energy Fuels' consultant on

17 emissions dispersion who used MILDOS to determine

18 dosages within the mill complex, at the fence line,

19 for nearest neighbors, and for distant towns such as

20 Norwood, Telluride, and Ophir.

21 Dr. Little agreed with my assessment of

22 the model description, that it was a straight-line,

23 Gaussian dispersion model, thus unable to accommodate

24 complex terrain between the mill site and the

25 candidate towns, some up to 50 miles away and



1421

1 thousands of feet above the mill site. Furthermore,

2 MILDOS uses surface wind data which would be

3 appropriate for short distances but not for long

4 distances, as the mill material would be lofted above

5 the planetary boundary layer within a few miles and

6 then subject to winds aloft which are often different

7 in speed and direction than surface winds. MILDOS

8 does not use upper level winds. Thus, in my opinion

9 MILDOS is an inadequate model to determine dosage of

10 distances well away from the mill site.

11 The AERMOD model does accommodate complex

12 terrain and it also uses Gaussian dispersion

13 associated with a single trajectory. It accommodates

14 lofting above the boundary layer and should use

15 specific upper air winds from the nearest upper air

16 station; in this case, Grand Junction, some 50 miles

17 away. The upper air soundings should be closest to

18 the release times used for the dispersion

19 calculation. In order to use this model properly for

20 assessing dispersion, one should obtain individual

21 model results over the time period of the release and

22 then accumulate statistics based on that ensemble.

23 In this case, several upper air soundings may be

24 necessary depending on the time period of release and

25 the distance covered in the assessment.



1422

1 In my opinion, the AERMOD model is limited

2 due to the single trajectory it calculates rather

3 than an ensemble of trajectories that accommodate

4 slight differences in the release conditions over

5 time. This limit can be overcome by multiple runs

6 described above. I do not agree with those who feel

7 that the wind direction with respect to the azimuth

8 differences between the site and downstream towns

9 would cause emissions from the site to miss them.

10 Even if that was true, it is in the public interest

11 to know where the effluents from the mill can travel.

12 So this type of modeling should be recommended by the

13 licensing and permitting authorities.

14 MR. SPAANSTRA: Your Honor, just to

15 interrupt briefly, Dr. Grossman, you're reading from

16 something other than your opening statement?

17 DR. GROSSMAN: Yes, I am.

18 MR. SPAANSTRA: Okay. We'd just like a

19 copy of that after you're done.

20 DR. GROSSMAN: Absolutely. I'll E-mail it

21 to everybody. And I gave a copy to --

22 HEARING OFFICER: I have a copy, if you

23 want to follow along.

24 MR. SPAANSTRA: No, we're fine. I just

25 realized this was beyond your opening statement.



1423

1 DR. GROSSMAN: Yes.

2 I recommend a site-specific ensemble

3 approach for modeling. Ensemble-like models such as

4 HySplit or CalPuff, to name two, take into account

5 variability of the wind and soundings over time,

6 producing an ensemble for analysis. Each has a

7 Gaussian dispersion calculation -- that is, each of

8 those two models I've mentioned -- that can be

9 associated with each trajectory calculated for the

10 ensemble. Either ensemble itself can be analyzed

11 with respect to points on the ground, or specific

12 points on the ground can be analyzed with respect to

13 the ensemble output.

14 For instance, if you saw that Figure 61 in

15 the environmental impact analysis -- I think that's

16 where it was -- where they did the back trajectories

17 from Telluride to show where the origins were,

18 unfortunately, they didn't do it for Norwood. And

19 I'd really appreciate it if you would. Wrights Mesa

20 has about 2,000 people on it.

21 So let me repeat again just to catch up.

22 Either the ensemble itself can be analyzed with

23 respect to points on the ground, or specific points

24 on the ground can be analyzed with respect to the

25 ensemble output. I plan to look for more recent



1424

1 particle-following -- and these are, in my world,

2 called LaGrangian -- ensemble oriented models that

3 would release millions of particles and follow their

4 trajectories. Once impossible, new generations of

5 computers make this approach more possible than

6 impossible.

7 Let's go over to how the models were used.

8 From the documents I've read -- and it's a confusing

9 lot that I'll get to in a minute -- in my opinion, I

10 don't think the modeling for MILDOS and AERMOD were

11 used in a manner that would provide an independent

12 reviewer with enough information to make a reasonable

13 decision regarding mitigation or repair of damage due

14 to air dispersion. Here's why. It appears that the

15 models were run with monthly average data that used

16 that output to assess a monthly average of emissions

17 or dispersion. This does not provide enough

18 information to properly assess the damage or

19 potential. That is because the winds used for the

20 monthly average have large variability which is not

21 taken into account or discussed. From the 10-meter

22 or 33-foot meteorological tower as Site 1, I was able

23 to analyze the variability of wind over the candidate

24 year, 2008 and 2009, which may or may not have been

25 normal or near normal.



1425

1 Since I live here, I was aware of the

2 violent windstorms and events that accompany the

3 spring and fall seasonal transitions. And I defined

4 a windstorm to be a sequence of wind observations,

5 the 15-minute and hourly average, that were provided

6 to me that exceed the 9 meter per second -- which

7 translates to about 20.3 miles per hour -- threshold

8 of lofting of desert sand material characteristics of

9 the Paradox Valley floor. I have no other

10 information about the density of the material and the

11 tailings, but I'm sure that it's very easy to look at

12 that, the size and density of the materials and

13 tailings, and adjust that threshold accordingly.

14 And I defined a wind event -- I'm sorry.

15 It was late that night. Let me go back to the

16 windstorm. A windstorm is when the wind exceeds that

17 9 meter per second threshold for a period of greater

18 than three hours. And a wind event is exceeding that

19 threshold for more than an hour but less than three

20 hours.

21 I used the 10-meter height as more

22 representative of surface conditions for tailings

23 areas and evaporation ponds to potential sources of

24 emissions and dispersion. I used desert sand because

25 I do not know what the size and density of tailings



1426

1 material is. However, as I said before, that can be

2 taken into account. And I obtained this lofting

3 threshold information from the NCAR/UCAR COMET Web

4 site. It's a highly respected resource in the field

5 of atmospheric science. In general, windstorms are

6 not local. They're part of a regional meteorological

7 condition.

8 And for everybody as they look at this

9 document, I have given you in Table 1 the

10 correspondence between meters per second, which we

11 should be using in the United States, and miles per

12 hour, which unfortunately we still do. I think just

13 us and Uganda are the only two nations on the planet

14 that are using this English system now.

15 It's important to note -- and I emphasize

16 in these discussions -- that the pressure of the wind

17 on a flat surface facing the wind is proportional to

18 the cube of the wind speed. As an example, a 2 meter

19 per second wind has eight times the pressure of a

20 1 meter per second wind. I hope the engineers are

21 taking this into account.

22 I should also note that during the summer,

23 the mill site is often subject to violent

24 thunderstorms forced by the nearby La Sal mountain

25 range and their accompanying high winds. These winds



1427

1 are not always accompanied by rain, which would limit

2 the dispersion of the material. I provide the wind

3 speed analysis as my exhibit -- I don't know how

4 really technically to do this because I've already

5 got exhibits in. I put it in as an exhibit, but I

6 guess if it's in this document, it's already there.

7 HEARING OFFICER: I'm going to mark this

8 as Exhibit 2.

9 (Grossman Exhibit 2 admitted.)

10 DR. GROSSMAN: And it's got the analysis.

11 HEARING OFFICER: It's all in the record

12 so you don't need to offer it again.

13 DR. GROSSMAN: Okay. Let me just show you

14 what I've done as I'm talking. What I did was, I

15 took a frequency distribution of all these -- the

16 whole year of wind speed.

17 HEARING OFFICER: Let me interrupt for a

18 second. Do you have the capability to E-mail this to

19 everybody right now?

20 DR. GROSSMAN: Yeah.

21 HEARING OFFICER: Why don't you do that.

22 Let's take 10 minutes and do that, and then everybody

23 can be looking at it at the same time.

24 (Recess from 9:24 a.m. to 9:35 a.m.)

25 DR. GROSSMAN: Where we took the break was



1428

1 as I was about to discuss what you see in front of

2 you now as Figure 2. It's the best I could do with

3 XL under the conditions because I only was able to do

4 this during this hearing. And in one case the one

5 hourly average winds, which would show a slightly

6 different distribution, same character of the

7 distribution but obviously different magnitudes, the

8 specific difference being that the speeds of the

9 hourly wind will be generally lower than the speeds

10 of the 15-minute wind. And that's just what happens

11 generally in the world of averaging.

12 I was not able to -- I had Figure 1.

13 That's the hourly. And if you saw me struggling up

14 here one day, it just disappeared on me. And I

15 haven't had time -- because the judge here has just

16 had us on this treadmill, I haven't had time to

17 replace that figure, and I'll supply it later.

18 But generally the character of that, like

19 I said, is the same as in Figure 2 but with lower

20 winds. But when you look at the frequency

21 distribution, you see what my problem is immediately.

22 The average, which I should have put in here, is just

23 a little above 2 meters per second. But we see that

24 in the world of lofting, over the year 4 percent of

25 the time for 15 minutes at about the same -- a little



1429

1 bit less for the hourly, the winds are high enough to

2 loft things off of the ground. I don't know what it

3 will do with the tailings pile that's set up in the

4 wind or at least 20 percent of it, sitting up in the

5 wind.

6 That's 1400 times, 1400 15-minute periods

7 over the year where lofting could occur, about two

8 weeks of it. And you can see that in 15 minutes --

9 now, these are what the average wind is. There are

10 gusts inside of that. There's variability inside of

11 that 15-minute average. The range goes all the way

12 up to 16 meters per second. Let's go back. That's

13 about 35 miles an hour for 15 minutes.

14 Let's look at Figure 3. Now, inside of

15 the hourly data, which was so kindly supplied to me

16 by Kleinfelder, they list the maximum gust within

17 that hour. Now, a gust is defined in the

18 meteorological literature -- it varies, but it's on

19 the order of a 20-second average. So you have all

20 this variability in the wind, and then they pick out

21 this 20-second -- the 20-second average that's the

22 highest, and that's the gust.

23 And we see that the frequency distribution

24 has pretty much the same character. And we also see

25 that about almost 9 percent of the gusts in the



1430

1 hourly time series exceeded the lofting threshold of

2 desert sand. This is about 49 hours or two days of

3 these gusts above 9 meters per second. You'll see

4 something else that's been talked about in

5 discussions of disasters and so forth recently. If

6 you look at the way -- the character of that curve,

7 it looks like just right after that black line, which

8 is the threshold for the lofting of desert sand at

9 9 meters per second or close to it -- the dang thing

10 moved on me. It should be over there on the

11 9-meter-per-second line.

12 And that's called a fat tail. In other

13 words, there's a departure from the way that curve

14 was headed, generally in the 10 to 20 mile per hour.

15 It even goes out almost to 25 if I blew it up, where

16 it just -- it departs from a mathematical description

17 of this type of distribution. That shows that it's

18 an enhanced capability there. But the figures show

19 that the dust storms and these excessive winds --

20 which I call "excessive" in the sense that they

21 exceed the threshold for the lofting -- these are

22 statistically significant.

23 There's a small section in the -- and I've

24 mentioned that the 15-minute winds showed about

25 4 percent of the time above the lofting. The maximum



1431

1 20-second average gust showed a higher value at about

2 9. But I also want to point out on Figure 2 -- 3 --

3 I'm sorry -- that 26 meters per second as a gust is

4 up there, around 60 miles an hour. That's at

5 10 meters. The wind increases with height. I don't

6 know. How high are those tailings? I don't know.

7 But there's a small section in the EIA as part of the

8 section on catastrophic emergency conditions and the

9 response that refers to high wind events. It

10 appeared that this was in response to probably a

11 discussion that I provided, but probably others, as

12 well.

13 I note that this section completely

14 disregards the obvious analysis that I've provided

15 you-all above and focuses on tornadoes. I don't

16 think a destructive tornado has ever been reported in

17 or around Paradox Valley. It's very complex terrain

18 out here, very hard for a tornado to form. The

19 principal destructive wind event in this area are

20 these windstorms, these dust storms. They should

21 have been looked at and weren't. And here we got

22 their consultant going over to tornadoes, which are

23 obviously, it can be said, to be a low probability in

24 this area.

25 However, when I read that, it turned on a



1432

1 little lightbulb. Glider pilots and casual observers

2 note the presence of strong dust devils in Paradox

3 Valley. They use them for flying. This is probably

4 because of the mixture of dry land and irrigated

5 fields that are here. But I've been out in Paradox

6 Valley and seen these things, and they'll loft dust

7 up several thousand feet. We have glider pilots that

8 could have testified that they probably fly up to

9 10,000, 12,000 feet on these things. Sometimes you

10 see birds way, way up, just a little speck in the

11 sky, and they're flying in these.

12 These dust devils can loft material above

13 the planetary boundary level even in the calm wind

14 conditions, and that's when they generally occur.

15 And then they can be transported anywhere via the

16 upper level winds. And if you've ever been on the

17 ground when one of these little things comes through,

18 it's impressive. That wind goes up to 20, 30,

19 40 miles an hour just briefly, that one of these dust

20 devils go by. That hasn't been taken into account.

21 So what I went out and did was, with this

22 one year of data, I culled it to those times when the

23 hourly winds average met the exceedance criteria and

24 just looked at those instances, those events.

25 Remember, that's greater than three hours. The wind



1433

1 directions associated with these wind speeds are

2 between 170 and 270 degrees true. That's south to

3 southwest. However, as we all know, during winter

4 strong winds can be also associated with winds

5 between 270 and 360. That's west to north. And I'm

6 going to provide you Figures 4 through 6 which show

7 some of the frequency distributions of winds during

8 these 29 cases I found. The 29 cases were made up of

9 24 dust storms. That's events lasting greater than

10 three hours and four events. That was incidents less

11 than three hours. The range of time interval over

12 which these dust storms occurred ranged between four

13 to six hours and up to 36 hours.

14 In here you see the distribution of winds

15 for the 15-minute wind average, which is applicable

16 in this case. I used the hourly to cull out the

17 storms, and then I went to the 15-minute to get a

18 little bit of detail on how these storms operate.

19 And you see that in the 15-minute average wind

20 speeds, they vary between 10 and 14 meters per

21 second. Let's go back to that table. 14 meters per

22 second's about 30 miles an hour for 15 minutes. And

23 you can see that there's probably -- of that 29,

24 roughly seven of those cases were in that 30- to

25 35-mile-an-hour wind.



1434

1 Let's look at the hour. Now, as I said,

2 the hourly average is lower, but it lasts over a

3 longer period of time. And they range between 9

4 and -- you see zero for 9. That was just my

5 exceedance criteria, and I had to plot it. But

6 you've even got cases out there for an hour now at

7 close to 30, 35 miles an hour. Then we go over to

8 the gusts. Look at those gusts. Those gusts, they

9 range between -- let's go back to that table -- 35 up

10 to 60 miles an hour with most of them occurring in

11 the 40- to 50-mile-an-hour range. I don't know if

12 you can even work in those kinds of conditions. I

13 sure can't. The romance of cowboy drops to almost

14 zero in those kinds of conditions if you're out on

15 the landscape.

16 These analyses show large wind variability

17 at the site which was not reported or quantified in

18 the EIA or the accompanying documents. Most of the

19 folks out here know this by experience, and I've just

20 quantified it with a year of data. It is either

21 nearly calm or blowing like hell out here. The

22 monthly average contains that variability but masks

23 it. Because as shown by Figure 1 or Figure 2, in

24 this case, which you-all can see, the vast majority

25 of hourly wind speeds are low. However, a



1435

1 statistically significant number of occurrences are

2 capable of causing serious damage at the site in

3 powerful dispersion of emission events. These are

4 not taken into account in the models.

5 One other thing. When you go back to

6 Figure 2, as a surrogate of Figure 1 and 2, you see

7 that there's an awful lot of lower wind speeds. And

8 they'll have an effect on this area, as well, because

9 even during the daytime during high pressure

10 conditions, which we'll see in the next couple of

11 days, or at night, powerful inversions can form in

12 the Paradox Valley that will contain a lot of the

13 effluents from this mill. When the winds are low,

14 the valley's blocked at the east end and blocked at

15 the West End. It's going to fill up.

16 So these people in Nucla and Naturita,

17 even if you don't go into the mines, even if you

18 don't work at the mill, you're going to be affected.

19 Your visual appreciation of the La Sal Mountains are

20 going to go to nothing during some of these events,

21 and the quality of life in this area is going to go

22 down.

23 To follow up on the discussion of these

24 frequency distributions and my assessment of the

25 models from what I could get from the available



1436

1 literature and the time I had available to me, it is

2 my opinion that the emissions and air dispersion

3 modeling to date for the Pinon Ridge uranium mill

4 license and permit applications with respect to air

5 dispersion and emissions of radionuclides is not

6 sufficient for a reasonable assessment of the

7 situation at the mill site with respect to daily

8 operations, downwind effects, and dispersion emission

9 during accidents. Recalling that wind pressure

10 increases with the cube of the wind speed, it appears

11 to me that this kind of detailed wind information was

12 not used in the assessment of accidents that might

13 occur at the mill site. I might note that one of the

14 dust storms lasted about 36 hours. Things better be

15 well tied down and protected from dust during times

16 like that.

17 Apparently due to the concern of citizens

18 downstream from the mill, an analysis was performed

19 by APCD -- that's the Air Pollution Control

20 Division -- using NOAA's HySplit back trajectory

21 program to show that for 21 dust events -- pretty

22 close to my estimate, 29 -- outlined in the recent

23 literature, the originating points that would affect

24 the Telluride Basin may originate southwest of

25 Telluride, while the mill is northwest of Telluride.



1437

1 For this citizen, that is not enough evidence to

2 dismiss the effect. Furthermore, no details of the

3 HySplit runs were provided.

4 I might note the Town of Norwood lies

5 directly in line with the mill site for southwest

6 winds. And I've seen HySplit runs. If they used the

7 mill site as an origin and did forward trajectories,

8 I see a lot of trajectories flowing right over my

9 house. I know where it is. It's right at a junction

10 of the San Miguel and Norwood County lines in a very

11 special little way so I can find out exactly where my

12 house is just by looking at the county map outline.

13 And there they were.

14 As I said in earlier testimony, I can see

15 the Paradox Valley from my front yard. And I note

16 that Norwood has a surface water system that serves

17 the town. At any rate, the potential deposition and

18 accumulation of radioactive dust will affect areas

19 downstream whether populated with humans or wildlife.

20 And that needs more study. Additionally, an

21 unreferenced effort to model PM10 dispersion during a

22 high wind event by the CDPHE, Air Pollution Control

23 Division, using AERMOD with a BREEZE module, which

24 was not described or referenced in the EIA, suggests

25 that ambient dust during a storm far exceeds that



1438

1 produced in a worst case scenario at the mill.

2 I mentioned in the cross-examination of

3 Mr. Filas that in that study the 39-mile-per-hour

4 threshold used for Pinon Ridge wind rose as part of

5 that analysis to twice the 20.3 mile per hour

6 threshold for lofting desert sand; not exactly twice,

7 but real close. It's not clear -- that's why I asked

8 Mr. Filas yesterday. It's not clear to this citizen

9 why this larger threshold was used. To my knowledge,

10 there's little to no research on the interaction of

11 dust with radionuclides. It is well known that

12 pathogens catch rides on dust particles so this

13 citizen's concern -- or at least this citizen's

14 concern is not increased dust amounts from the mill

15 but radioactive dust in the mix accumulating over

16 time.

17 Citizens are not now in a position to

18 review the APCD work for relevance. The summary

19 section of the APCD review states that "the

20 application, ER, and subsequent reports," unnamed or

21 referenced, "adequately address meteorology and

22 climate relative to the project and are acceptable."

23 And that's in quotes. In my opinion, I do not

24 believe this is true and note that the discussion

25 focused mainly on the Telluride Basin at the neglect



1439

1 of Norwood and other towns downstream from the mill,

2 including Nucla and Naturita.

3 There's a further problem with the models

4 used. They do not account for dust already in the

5 air at the time they were run. Let's call that the

6 sandblasting effect. This cannot be assumed to be

7 clear at the outset of these models because during a

8 dust storm the air is full of dust from upstream

9 locations, and that dust can sandblast or scavenge

10 material at the mill site, producing more dispersion

11 than if the impinging air stream were clear of dust.

12 This is simple high school physics' transfer of

13 momentum like a pool ball hit. I might note that

14 this is a very difficult modeling problem in reality.

15 It's one of those that's easy to say, hard to do.

16 I recommend the following for both

17 emissions and dispersion modeling. Use 15-minute

18 average winds for the surface wind values throughout

19 the month or at least hourly winds and accumulate

20 monthly statistics including the mean, the median,

21 variance, skewness, and kurtosis. These will

22 adequately describe the frequency distribution for

23 use in risk analysis and for engineering use. I also

24 recommend a monitoring program that would estimate

25 dust loading upstream from the site, at the site, and



1440

1 immediately downstream of the site to assess the

2 effect of scavenging dust on in situ surface

3 material. And if possible, assess the radioactivity

4 of dust captured at the downwind site.

5 I'll now switch my remarks to cumulative

6 effects. Cumulative effects have been discussed a

7 good bit in these hearings. They refer mostly to the

8 time and space effects of the mill; time in that

9 radioactivity, because of the long path life of these

10 materials, can accumulate in the landscape. That's

11 in time; but also in space because the mill is

12 supplied by ore trucks that come from all over and

13 have the potential, if this thing gets going and the

14 price of uranium goes to $250 a ton, or whatever the

15 heck it is, the unit, why, these people will be

16 pulling in ore from wherever they can get it, maybe

17 even Wyoming, Nevada. So there's a spatial side to

18 the cumulative effects. But for present purposes,

19 it's mostly the West End, north and south. And in my

20 other testimony I outlined the counties that might be

21 involved. I want to focus on the state.

22 In my prior testimony I discussed the

23 effect the mill would have on the region which I've

24 roughly define as the area of the mill, the mine

25 supplying it, and the transport routes that feed into



1441

1 the two approaches to the mill site. These are from

2 Utah, coming in through the La Sal junction via

3 Highway 90, a very treacherous road, and Colorado via

4 Gateway or Naturita along Scenic Byway 141. I wonder

5 whether the Department of Transport will remove the

6 scenic byway designation because of the increased

7 truck traffic that would make portions of 141

8 dangerous. Those summertime motorcycle riders are

9 not going to like it.

10 The dispersion and emissions models have

11 not accounted for fugitive dust from the mines,

12 traffic on unpaved, secondary roads from mine to

13 mill, and additional emissions from over 200 trucks

14 for 10 to 24 hours a day that will service the mine

15 350 days a year. The dust burden would probably

16 exceed that produced by the mill alone and should be

17 taken into account in a quantifiable way in the

18 environmental impact analysis. It cannot be

19 dismissed. And I emphasize that.

20 Regional dust effects are important

21 because mining is not the only activity in the

22 region. Over the years, since the '50s and '80s

23 uranium booms, the area has become known for its

24 remote beauty and has attracted vacationers,

25 permanent retirees, second homeowners like myself, as



1442

1 well as the folks who support them. Except for the

2 vicious dust storms, one of the most attractive

3 aspects of this region is the great distances you can

4 see. And I emphasize that the public needs to know

5 to what extent the Pinon Ridge mill and its suppliers

6 will degrade the visual aspects we so enjoy out here.

7 This should be a requirement for the licensing and

8 permitting and, as we know over the years, has been a

9 big problem for the Grand Canyon, the degradation of

10 visibility. I remember those reports when I was a

11 graduate student back in the '60s because they were

12 attacking that problem for the first time.

13 Now I want to turn to fire and wind. In

14 my previous testimony I brought up a problem not

15 assessed in the EIA or other licensing/permitting

16 documents of the effect of extreme windstorms on a

17 fire at the mill which is proposed to operate over a

18 40-year period, which would enhance the probability

19 of such a disaster. It is well known from decades of

20 forest fire fighting and research, including

21 sophisticated atmospheric models, that wind

22 exacerbates a forest fire or fires in general. This

23 enhancement of an existing fire by wind is no

24 different for a building or other type of fire that

25 might occur at the mill during operations.



1443

1 My analysis of winds for the year 4-2008

2 to 4-2009 reveal a major windstorm lasting almost

3 36 hours with peak wind gusts in the 50-mile-an-hour

4 range and sustained winds greater than 20 miles an

5 hour. Shorter storms can occur at any time day or

6 night, with such excessive wind pressure on buildings

7 and loose material, these windstorms are looking for

8 an accident, including fire. It is very hard to

9 fight a fire or an emissions release, especially if

10 it is a chemical or fuel fire, during these

11 conditions. Engineering due diligence would suggest

12 that special emission and dispersion model runs be

13 made for such conditions using actual data so that

14 the mill operators, governments, and the general

15 public would know roughly what the outcome of such an

16 incident might be. There's no doubt in my opinion

17 that the outcome would be disastrous for a large

18 region around the mill and should be taken into

19 account in the licensing and permitting process. A

20 rough response plan should be considered.

21 I want to go over to transportation. I

22 found this astounding statement in the EIA, quote:

23 According to CDOT -- that's the Colorado Department

24 of Transport -- traffic in the region is sparse, and

25 even the estimated increased traffic associated with



1444

1 the mill does not represent a large amount of

2 traffic, unquote.

3 The air dispersion report sites a maximum

4 of 220 vehicles per day during a 500-ton-per-day

5 operation entering and leaving the minimum.

6 Apparently this estimate does not include water

7 trucks needed if or when wells on the site fall below

8 production limits. Other reports speak of an

9 increase from this operation's number during the

10 construction phase. In fact, there's several other

11 traffic increase estimates throughout the various

12 documents -- for instance, the emissions pathway

13 report -- each different than the others, but all

14 showing substantial increase in traffic. So to state

15 that there's not a large amount of traffic on two

16 access roads into the mill is just not correct.

17 Based on the 220-a-day number, I calculate

18 a truck entering the mill every 20 minutes for a

19 10-hour period and six minutes if extended to a

20 24-hour operation. While I do not claim expertise in

21 transportation affairs, as I do with the atmosphere,

22 it's obvious to this citizen based on common sense

23 that traffic will have a large regional impact that

24 is not accounted for in the mill licensing or

25 permitting process. Especially important would be



1445

1 the assessment of the increase in accidents among

2 cars, trucks, horseback riders, and wildlife. And I

3 forgot our wonderful motorcycle guys. I wish they'd

4 stop in Norwood more.

5 Ore and supply trucks carrying toxic

6 materials will be subject to accidents that will be

7 difficult to respond to because of the remote and

8 unforgiving character of the regional roads, many

9 with deep gullies, streams, and rivers close by.

10 Pulling a toxic material laden truck from such a

11 situation will be difficult and time-consuming,

12 especially during extreme winter conditions, violent

13 thunderstorms, and the seasonal dust storms. It is

14 this citizen's opinion that a 24/7 emergency response

15 crew be stationed at the mill for immediate and

16 professional response to road accidents involving

17 toxic spills. To rely on volunteer people in a rural

18 setting is just flat unacceptable. They may or may

19 not be available. They may or may not be trained.

20 And they may or may not be up to the job.

21 You pull a guy off of a branding operation

22 where he's been working his tail off all day long and

23 then go out there and ask him to pull a truck out of

24 a 50-foot-deep gully, that's asking an awful lot.

25 However, this 24/7 response crew idea does appear to



1446

1 be suggested in the EIA, and that's good to see.

2 Estimates of response time to various dangerous

3 areas -- and you can look at the vulnerability. Go

4 out and look on these roads and see where you would

5 probably expect to see an accident -- should be

6 available. Relying upon the local sheriff, EMT, fire

7 and state patrol for emergency response to a mill

8 associated increase in traffic is unacceptable unless

9 you beef those forces up to match the conditions.

10 I'm just about at the end, but this for me

11 is pretty important, and it has to do with the

12 permitting process. I've noted through these

13 proceedings and prior to the proceedings a lot of

14 confusion about how this process is going on, who's

15 in charge, what's necessary, and so forth. There was

16 even confusion at the outset when Energy Fuels went

17 first to CDPHE. I do believe that everybody involved

18 in this process is as sincere as the day is long.

19 They've worked hard. They've done what they thought

20 they could do as best they could do. However, this

21 process has not been considered for over 30 years --

22 or about 30 years, from what I hear. And I know that

23 there are framework documents such as the NRC

24 documents and the NEPA documents that give guidance

25 to how this is done. But I find that after several



1447

1 attempts at trying to get comprehensive information

2 on the process and the various licenses and permits

3 involved, this citizen found that the description of

4 the process was very confusing. A flow chart would

5 help with hyperlinks to the essential documents.

6 HEARING OFFICER: Keep talking. I'm going

7 to get coffee.

8 DR. GROSSMAN: These documents were not

9 subject to independent, professional peer review from

10 several reviewers for each section, as I have done

11 cursorily -- and I emphasize cursorily -- for

12 meteorology, climate and dispersion modeling in my

13 area of expertise. I might add that my review that I

14 submitted was done under time pressure and difficult

15 document access and copying. Had I more time and

16 better document availability, the data in a format

17 amenable to analysis, my critique would be more

18 detailed and extensive. This is the best I could do

19 under difficult circumstances. But I want to

20 emphasize -- and it's been brought out more than once

21 here, and I guess we'll have some modicum of it as

22 other witnesses come on the stand later on -- we

23 should have reviews; independent peer reviews like we

24 do in science of these documents. And I don't see

25 that that was done.



1448

1 Since the permitting process for a uranium

2 mill has not been addressed for almost 30 years, I'm

3 surprised at the apparent ad hoc nature of this

4 process. It appears that important state agencies

5 such as the Department of Transport, Department of

6 Wildlife -- or its new name -- Department of Natural

7 Resources, for example, have had little to do with

8 licensing or permitting, the application being

9 relegated to unreferenced authors, their credentials

10 unknown, paragraphs or short sections in the

11 environmental analysis report -- or the environmental

12 impact analysis.

13 To this citizen, this is unacceptable.

14 Mill operations affect far more aspects of life than

15 emissions, dispersion, waste disposal, and

16 groundwater immediately at the mill. I recommend --

17 and this is based on my experience as being involved

18 in large and complex international expeditions to

19 explore the atmosphere that involved several USA

20 agencies and a lot of universities and federal

21 laboratories, very complex things -- and I'll give

22 you an idea of how we did it in this context. I

23 recommend that the permitting of these kinds of

24 operations such as a uranium mill that involve multi

25 agencies and affect many aspects of life, that the



1449

1 permitting of these operations be managed by the

2 governor's office.

3 The governor is the head of the executive

4 branch. These departments rest within that

5 bureaucracy, and he runs it. The governor could

6 convene a representation from state departments

7 relative to the permit, and a coherent permitting

8 process be determined with final authority lying with

9 the governor after reviewing recommendations from the

10 agencies involved. This way a business that wanted

11 to apply for a uranium mill permit would have a clear

12 idea as to what is necessary. As it stands, this

13 process seems overly complex, incoherent, and opaque.

14 The fact that a legal action is necessary to sort it

15 out is evidence that my assertion is correct.

16 It also appears to this citizen that CDPHE

17 has a pretty close relationship with the permit

18 applicant but an adversarial one with groups

19 interested in being involved in the process. Why is

20 that? In the hearing so far, the explanation is that

21 back and forth between the permitter and permitee is

22 necessary. And I agree with that. But why not an

23 equal back-and-forth with other established public

24 interest groups by inviting them to the table,

25 similar to the invitation proffered to the permitee?



1450

1 There could even be organizational meetings to sort

2 out differences or bring them out with all parties at

3 the table for discussion. For one thing, it's a lot

4 cheaper and more friendly. Thank you.

5 HEARING OFFICER: How do we want to do

6 cross?

7 MR. SPAANSTRA: I'll start.

8 HEARING OFFICER: Okay.

9 CROSS-EXAMINATION

10 BY MR. SPAANSTRA:

11 Q Dr. Grossman, good morning.

12 A Good morning.

13 Q I was thinking it felt a little bit like

14 Groundhog Day today, but this will be the last one.

15 The first thing I want to say for the

16 record is, I want to congratulate you for getting

17 involved as a citizen. I believe that you entered

18 the process the middle of August, and clearly you've

19 done a lot of thinking and analysis. And it's

20 inspiring to see a citizen just getting involved, and

21 thank you for that.

22 Also because, as the kids say, I want to

23 give her some props on the record, I want to ask you

24 a question. You said that Faegre Baker Daniels was

25 helpful in getting you connected with Kleinfelder?



1451

1 A That's correct.

2 Q And it was Caroline Lee of our office, was

3 it not?

4 A She's amazing.

5 Q Amazing?

6 A I've seen you guys -- I think she's

7 amazing. I think you guys think she's amazing. She

8 jumps right on things.

9 Q Okay. I'll move on from that.

10 Dr. Grossman, you were here, I believe,

11 when Dr. Little testified?


13 Q If you recall -- and I'm going to talk a

14 little bit about a dispersion model in a second.

15 A Sure.

16 Q You recall that he testified that the

17 MILDOS model, which was used to document or model

18 radioactivity dispersion, was developed by the

19 Nuclear Regulatory Commission through one of the

20 national labs, correct?

21 A That's correct; Argonne National

22 Laboratory.

23 Q And you also heard -- thank you for adding

24 that. I was looking in my notes. I couldn't

25 remember that, the Argonne National Lab.



1452

1 He also indicated that the MILDOS model is

2 required by the NRC for radioactive mill licensing

3 activities as well as by the CDPHE; is that correct?

4 A That's the way I understood it.

5 Q Okay. Great. And you agree that --

6 MR. STILLS: Your Honor. If I may, I'd

7 object to asking the witness for a legal conclusion.

8 MR. SPAANSTRA: I wasn't asking, Your

9 Honor, for a legal conclusion. It's just his --

10 HEARING OFFICER: I'll take it as this

11 witness' opinion.


13 MR. SPAANSTRA: Great.

14 Q (By Mr. Spaanstra) In terms of AERMOD,

15 you heard his testimony, as well as, I believe,

16 Mr. Tarlton's testimony, that that model is used in

17 the context of the Air Pollution Control Division's

18 air permitting process, correct?

19 A That's correct. That seems to be a

20 requirement as far as I can see from the documents

21 I've read, that this is the model that they use for

22 their assessment in the air control -- air pollution

23 control.

24 Q And this hearing isn't about that permit?

25 It's about the radioactive -- the mill license?



1453

1 A That's the way I understand it now. I was

2 confused at the beginning. But the way I understand

3 it now is that this is a separate permitting process.

4 And that is one of my observations about the

5 complexity of this.

6 Q I think I'll move on, then, to talking

7 about the -- in your testimony you mentioned that it

8 was hard to figure out the, you know, who's on first

9 in terms of the permitting in the state?

10 A Uh-huh.

11 Q I assume that in your preparation you did

12 look at the state's EIA?

13 A Yes, I did, as much as I could. It was

14 presented to me late in the game, and it's 184 pages.

15 So I had to go to specific sections of that, and I

16 could have possibly missed some of what we mutually

17 may consider important sections. But I looked first

18 at the air, the atmospheric side of that report, and

19 the transportation side of that report. Those were

20 my two.

21 Q So given your concerns, you probably

22 missed in the introduction on Page 3 the chart of

23 about half a dozen state agencies that were involved?

24 A Actually, I saw that. But when it came

25 down to the actual -- where did they come into this



1454

1 process other than supplying some information for the

2 EIA -- which I understand Mr. Tarlton used in his

3 final determination. He took it from notes and so

4 forth -- there was no, Here's my section, stick it

5 in. He was an editor, and he put it into context.

6 But yes, there were several different agencies that

7 they contacted for the EIA. But where did that end

8 up in the permitting process was my problem, other

9 than supplying information for this EIA.

10 Q Actually, that chart on Page 3 describes

11 the various permits that those agencies issued. So

12 you ought to take a look at that.

13 A Okay. I will.

14 Q It might help with the confusion.

15 A Okay. Thank you.

16 Q In discussing transportation -- and we're

17 going to get to that issue a little bit later when we

18 look at the settlement agreement with Telluride and

19 San Miguel County. But in your review, from what

20 you're saying of the documents, in Volume 14 of the

21 application -- which you can find on a link under

22 transportation on the CDPHE Web site for this mill --

23 in fact, the Colorado Department of Transportation in

24 the context of their permanent access permit had a

25 detailed traffic study that addresses many of the



1455

1 issues you raised.

2 A May I respond to you on that?

3 Q Sure.

4 A I looked at that. And the traffic study

5 that they used, they pulled traffic estimates from

6 some operation that was hundreds of miles away from

7 here and I don't think adequately described what was

8 going on in Paradox Valley. When I went out to --

9 I've gone through Paradox Valley a lot, and I never

10 saw any traffic counters out there. I don't think

11 they really know what the traffic situation is out

12 there. But they used some other estimates in that

13 traffic study and tried to apply them to Paradox

14 Valley. That's the way I understood it.

15 Q So since you did look at it --

16 A I was able to look -- that had to do with

17 the access.

18 Q Right.

19 A That was some time ago, I might mention.

20 This was probably a year or so ago when I looked at

21 that for a Department of Energy PiES response.

22 Q I'm glad you mentioned DOE because you

23 expressed concern about maybe the transportation from

24 feeder mines would exacerbate this issue.

25 A Yes.



1456

1 Q But since you saw it, you know that in

2 their analysis they did analyze the effect of the DOE

3 leasing program, correct?

4 A Whose analysis?

5 Q In the DOT analysis that you said you

6 looked at. They do analyze that. They include in

7 that the DOE leasing program.

8 A Okay. I'll go along with what you said.

9 I don't remember that that was in what I read.

10 HEARING OFFICER: Can I ask one of you

11 where this is, this traffic study is in the record?

12 MR. SPAANSTRA: It's in Volume 14. We

13 will, on a break, get the actual disk cite. I don't

14 have it.

15 HEARING OFFICER: That's good enough.

16 I'll find it.

17 MR. SPAANSTRA: And Your Honor, on CDPHE's

18 Web site there is a -- the drop down list for the

19 license application has a link for transportation.

20 And that and some other things are at that link.

21 Q (By Mr. Spaanstra) Thank you on that,

22 Dr. Grossman.

23 Let's look at weather modeling a second.

24 You commented that you weren't particularly happy

25 with the two on-site weather stations. And I



1457

1 think -- I want to make sure I heard you right -- you

2 also recognize in the weather data in the application

3 related to the tailings cell design report that

4 Energy Fuels did consult several decades of records

5 from half a dozen weather stations around Western

6 Colorado in putting that together.

7 A If they did -- is that a question?

8 Q You did see that they did that?

9 A No, I didn't. Because I could not

10 determine -- as far as I could see in the documents

11 that I could find, they did look at co-op stations.

12 I heard co-op stations. That's private citizens who

13 run a weather station that is occasionally checked by

14 the Grand Junction office. If they are part of the

15 co-op network that NOAA relies on, they generally

16 report temperature and precipitation. They don't

17 report wind.

18 I did note, though, that the specific

19 stations at Nucla and Uravan were referred to.

20 Uravan only reports temperature and precipitation.

21 And I believe because it's an airport that Nucla

22 reported, as well, wind. And they tried to analyze

23 the wind, and they did it in a very cursory way so

24 that private citizens like myself -- and I emphasize

25 I am a private citizen. I do not represent



1458

1 anybody -- that those analyses were not provided to

2 the public so that we could look at them. However, I

3 do want to disagree with you that the only --

4 Q Actually, at this point I'm asking the

5 questions.

6 A Okay. Sorry.

7 Q That's okay.

8 A Keep me honest here.

9 Q So we will also at the break, just for

10 your edification, get you where in the record these

11 reports that I'm describing are so you can look at

12 them.

13 A I'd be very interested in that. Thank you

14 very much.

15 Q You bet. On the issue of wind dispersion

16 of dust --

17 A Excuse me. May I comment -- because you

18 brought it up -- on the statement you made that I was

19 not happy with the instrumentation at the mill site?

20 That's not correct. I'm not happy with the length of

21 record. The instrumentation, as far as I could look

22 at it -- and I think my first intimation that there

23 was a mill application in my life was driving off to

24 a canyon walk and seeing a really nice meteorological

25 station in the middle of Paradox Valley. And I



1459

1 wanted to know what the heck that was and where could

2 I get the data.

3 Q I appreciate that, and I'm glad you raised

4 it.

5 A I wasn't able to look at the hundred-meter

6 site. But since the 10-meter site is right next to

7 the road, my experienced eye could tell you that that

8 was a good station and an expensive one.

9 Q Thank you for saying that. And my intent

10 in asking that question also was to inform you that

11 there was a detailed report that incorporated data

12 over decades from these various stations. And you're

13 going to take a look at that?

14 A If I can.

15 Q But let's move on to the wind dispersion

16 from the tailings cells. I think from what you just

17 said that -- I believe I heard you say that you had

18 looked at the tailings cell design report and the

19 weather stuff associated with it, maybe hadn't looked

20 at it in great detail?

21 A Pretty much the only thing that I've

22 really looked at with respect to tailings is what has

23 been presented in this hearing and the fact that

24 there's been a great discussion of the tailings cells

25 and all aspects of it, leakage and that stuff. But



1460

1 my idea was to look at the design. And all I noted

2 was that 20 percent of it is going to be above grade.

3 And that's, for my money, what I have to be concerned

4 about as an atmospheric scientist.

5 Q In that regard, I don't know if you

6 noticed that a big chunk of the tailings will be

7 underwater and that the remainder of it will be

8 essentially saturated to mitigate, minimize, the

9 potential for wind erosion.

10 A The way I understand it, that is correct.

11 And I agree with you that that would greatly minimize

12 any dispersion from the tailings cells while they are

13 saturated and while they're underwater. What I also

14 understand is that in the reclamation phase or

15 whatever phase when they start decommissioning these

16 tailings cells that they dewater them, or if the --

17 what I've understood from these hearings is that

18 water is a big limitation here. And if a severe

19 drought -- we are currently in a severe drought. If

20 it gets worse, then they may not have the water to

21 saturate those.

22 So I think from the engineering side of

23 this, when you look at all possibilities, that that

24 possibility is there. And that's what I focused on,

25 and I think that's what the engineering staff should



1461

1 be focusing on.

2 Q So let me see if it's fair to say that

3 what you just testified to is that during operations

4 if, in fact, they're underwater and they're

5 saturated, you testified that that would materially

6 mitigate the dispersion issue and --

7 A That would --

8 Q Let me finish the question -- and the

9 concern was during reclamation. My question is,

10 would it also help you to know that during

11 mitigation, reclamation, the reclamation plan,

12 there's considerable effort to control dust in that

13 situation?

14 A I hope so.

15 Q Good. You were here -- well, of course

16 you were here this morning when Olivia was walking

17 Frank through the settlement agreement with

18 Telluride?

19 A Yes.

20 Q I'd just like to ask you a few questions

21 related to that because I think it addresses some of

22 your concerns, at least, related to emergency

23 response and the like. So what I would like to do is

24 hand you a copy of the settlement agreement and just

25 ask you a couple questions related to it.



1462

1 A Sure. I'll have to take a look at it

2 because I only looked at the bullets that were in the

3 Telluride Daily Planet, and I have not looked at this

4 complete document.

5 MR. STILLS: Your Honor, the witness is

6 being asked to testify to things he hasn't seen, and

7 I believe it's outside his direct.

8 HEARING OFFICER: He talked about

9 transportation issues in his direct.

10 MR. STILLS: Okay. That's what a good

11 part of that settlement agreement pertains to, as I

12 understand it.

13 THE WITNESS: Mr. Spaanstra, you've

14 underlined some things in --

15 Q (By Mr. Spaanstra) I did because I'm

16 going to ask you questions about those sections. And

17 I thought it would be helpful so that we wouldn't

18 waste -- not waste -- spend a lot of time having you

19 search through things.

20 A Okay.

21 Q And obviously we'll provide a copy of the

22 marked-up version to Mr. Stills and Mr. Parsons at an

23 appropriate time; well, when we can get a copy, as

24 soon as possible.

25 So if you would, if you could turn to



1463

1 Article 1 which deals with the hauling and

2 transportation of uranium ore, yellowcake, and

3 reagents, which is a concern of yours that you've

4 raised.

5 A Uh-huh. Yes.

6 Q And I think it's fair to say, isn't it,

7 that a concern of yours is having local government

8 involved in it, in that process, correct?

9 A That's correct.

10 Q If you'd look at the second paragraph of

11 the settlement agreement -- and I think I've

12 underlined this. The settlement agreement provides

13 that Telluride and San Miguel County will have an

14 independent right to monitor and investigate trucks

15 carrying all of these things: ore, yellowcake, and

16 reagents?

17 A That is correct. And the way I read that

18 is for those trucks that are transferring materials

19 through San Miguel County. It looks like Telluride

20 only, and the county, will have independent rights.

21 But that's only -- the way I read this paragraph,

22 it's only the ones that pass through San Miguel

23 County. All the rest don't have that ability.

24 Q Actually, I think in the days when you and

25 Judge Dana were going to school, you could get an



1464

1 apprenticeship in law. That's no longer the case.

2 It does say all trucks. That's not intended to limit

3 it just for --

4 A Well, just read this sentence.

5 Q It says "all trucks."

6 A For all trucks transporting all this stuff

7 for Energy Fuels through the county upon

8 commissioning of the Pinon Ridge facility -- that's

9 only upon commissioning -- Telluride and the county.

10 That's it. Not Ophir. Sorry about that.

11 Q You get the apprenticeship award. You're

12 right. It does say that. You're right.

13 A All right. So for those going through all

14 the rest of the counties, unless they make separate

15 agreements, that's all we've got.

16 Q Well, actually, that's not all we've got,

17 but that's what this agreement covers.

18 Travis is going to object pretty quickly.

19 You and I probably shouldn't be having a dialog so

20 we'll go back to asking questions.

21 HEARING OFFICER: Travis would be right.

22 A I might mention that that's mostly my

23 fault.

24 Q (By Mr. Spaanstra) No, that's okay.

25 Moving on to Article 2, this is where --



1465

1 well, you'll notice that this relates to the --

2 Article 2 is labeled "Uranium and Vanadium Mine and

3 Milling Impacts." And again, it relates to mines

4 located in any other entities including independent

5 mines, not just operated by Energy Fuels, that the

6 county and Telluride will have the right to inspect

7 such facilities to -- I'm reading now, but you're

8 reading along with me -- to investigate compliance

9 with any applicable federal or state laws or

10 regulations. And so it says any state laws or

11 regulations. That certainly would include

12 transportation laws, but runs the gamut. Would

13 you --

14 MR. STILLS: Your Honor, I'd object. It

15 sounds like Mr. Spaanstra is testifying, not asking

16 questions.

17 HEARING OFFICER: Sustained.

18 Q (By Mr. Spaanstra) Okay. Dr. Grossman,

19 let me rephrase. Would you just read into the record

20 in the middle of the third line -- well, starting

21 with the third line in that section down to the

22 colon, the word "Facilities."

23 A Down to the colon, okay. You want me to

24 start at "For all mines," or where do you want me to

25 start?



1466

1 Q With the word "Facilities." We've already

2 described -- in your testimony we described --

3 A "Facilities," okay. This is after "right

4 to inspect."

5 "Facilities to investigate compliance with

6 any applicable federal or state laws, regulations,

7 conditions of approval, or standards and any local

8 San Miguel County laws, regulations, conditions of

9 approval, or standards as long as such inspections

10 meet the following criteria."

11 Q So wouldn't you say that the settlement

12 agreement, from your reading of that language, gives

13 San Miguel County and Telluride the independent right

14 to investigate compliance with a whole array of

15 federal state laws and regulations?

16 A I do --

17 MR. STILLS: Your Honor --

18 A I do for all --

19 HEARING OFFICER: Wait for the objection.

20 MR. STILLS: He's asking him to testify to

21 a legal conclusion on what kind of rights it provides

22 San Miguel County.

23 HEARING OFFICER: Same ruling. I'll let

24 him testify as to his opinion.

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



1467

1 that this requirement applies to all mines located in

2 San Miguel County operated by Energy Fuels or any

3 other affiliated operating entity or independent

4 mines in San Miguel County. You've underlined that.

5 Q (By Mr. Spaanstra) Thank you.

6 A And I'd just point out that once again, we

7 are limited to San Miguel County for these kinds of

8 things and not the other counties unless they make

9 separate agreements, which complexifies this even

10 more.

11 HEARING OFFICER: Complexifies? You want

12 to spell that?

13 MR. SPAANSTRA: I may withdraw his

14 apprenticeship JD for making up words, but not yet.

15 Q (By Mr. Spaanstra) You've still got that

16 apprentice JD.

17 You'll note to the left of our Article 3

18 that I've written in the margin "Black Swan."

19 A Uh-huh.

20 MR. SPAANSTRA: And now I'm thinking how

21 I'm going to ask this question to get around another

22 Travis objection.

23 MR. STILLS: And I'm sorry. I lost my

24 place in here with the complexifies. Which paragraph

25 are you on?



1468

1 MR. SPAANSTRA: Article 3, "Monitoring

2 Standards For Water Quality in Eastern San Miguel

3 County."

4 MR. STILLS: Thank you.

5 Q (By Mr. Spaanstra) I think what I am

6 going to do is just say, Dr. Grossman, that you ought

7 to take a look at this in terms of -- you'll see as

8 you read this --

9 MR. STILLS: I'm going to object again to

10 testimony and advice for his further study.

11 HEARING OFFICER: I haven't heard the

12 question yet.


14 MR. SPAANSTRA: You know what, Your Honor?

15 I think while I could rephrase, I think we're --

16 we've taken a look at this and gotten his views. No

17 further questions, Your Honor.

18 HEARING OFFICER: Fair enough.

19 THE WITNESS: I thank you for your -- to

20 leap into this document, and I'll be happy to look

21 through it with respect to my testimony.

22 MR. SPAANSTRA: Your Honor, I would just

23 note for the record that over the course of the

24 previous five days when I was assisting Dr. Grossman,

25 Mr. Stills didn't object.



1469

1 HEARING OFFICER: Well, that's his option.

2 We're going to take 10 minutes, courtesy of the court

3 reporter and the hearing officer.

4 (Recess from 10:49 a.m. to 11:03 a.m.)

5 HEARING OFFICER: Mr. Stills?

6 CROSS-EXAMINATION

7 BY MR. STILLS:

8 Q Thank you, Dr. Grossman. I appreciate you

9 stepping forward. And yesterday we didn't get a

10 chance to thank you on Veterans Day for your service,

11 And I appreciate that.

12 A Thank you.

13 Q And your testimony explains that the

14 opinions you've provided are based on your formal

15 education and experience as an expert in the air

16 dispersion aspects of this hearing; is that correct?


18 Q And regardless of whether it's

19 transportation or any other issues, air dispersion as

20 it affects this region is what you're testifying to,

21 correct?

22 A Yes, sir.

23 Q And you understand that in the general

24 scheme of things, your participation as an expert in

25 the hearing is to assist the hearing officer and the



1470

1 parties to understand what's going on with your field

2 of expertise; is that right?

3 A That is my intention.

4 Q I appreciate you helping out. That's a

5 unique feature of the process.

6 And you are here on your own. And in your

7 testimony when you used the phrase "In my opinion,"

8 did you intend to provide your expert opinion based

9 on your training, and experience in atmospheric

10 science, meteorology, and basic field research?

11 A That is correct.

12 Q I know it may sound pompous for folks when

13 they say, "It's my expert opinion," and I realize

14 that you haven't been prepared by your attorney.

15 You're here by yourself. So I just wanted to make

16 sure that's what you meant to say.

17 A Yes.

18 Q So your testimony was that the

19 environmental report is not based on a reliable

20 analysis of environmental impacts involving the

21 transport of pollutants released into the air at the

22 Energy Fuels site; is that correct?

23 A That is correct. And that is because they

24 did not take into account the variability of the wind

25 on small -- on short-time scales.



1471

1 Q And without the cumulative impacts of the

2 mine and the transportation and the mill looked at as

3 a whole in these models, we can't know what the

4 impacts on the environment are; is that what your

5 testimony?

6 A Could you repeat that?

7 Q When you're looking back from the various

8 places, whether it's Norwood or Bedrock, we can't

9 know what the impacts are without having a full

10 knowledge of what's happening with all aspects of

11 this proposal -- the mining, the transport to the

12 mill, and the milling -- in the modules you're

13 describing?

14 A Yes, sir. I think so, yes, sir.

15 Q All right. And you also testified that

16 it's your opinion that the environmental impact

17 analysis doesn't have a reliable basis to understand

18 the environmental impacts related to air pollution

19 concerning the proposal; is that correct?

20 A Yes, sir. And I think one of the things

21 that needs to be done is that it be provided for

22 professional and independent review.

23 Q So it's your opinion that you couldn't

24 just go back to the CDPHE offices and fix this up and

25 send it out? It really needs the scrutiny of a



1472

1 number of people in specialized agencies and within

2 the public? We've heard from a lot of people with

3 lay expertise in this area; is that correct?

4 A I would say so, yes. But I also think

5 that the -- gain, I've had problems with the whole

6 permitting process. But within the permitting

7 process, whatever it evolves to become, there should

8 be the ability to have a pool of independent

9 reviewers of any documents that the permitting people

10 can draw upon to review these documents.

11 How they're compensated or if they're

12 compensated is another issue. In my field we are not

13 compensated, for the most part. We are given these

14 proposals and journal articles to review, and it's

15 part of our professional commitment to do those kinds

16 of reviews. Now, I don't know how it would work in

17 this context, but I just know that it's necessary.

18 Q So it's your testimony that preliminary

19 drafts need to go out for review and comment before

20 they would become relied upon for any kind of use?

21 A Yes, sir.

22 Q And you also testified it's your opinion

23 that both the environmental report and the

24 environmental impact analysis suffer fatal flaws that

25 prevent the public from really understanding the



1473

1 consequences of -- the air pollution consequences of

2 this project; is that right?

3 A Yes. And the reason is because they do

4 not account for the wide variability of the wind out

5 here. Whether that is fatal or not, I'd have to

6 think more about that. But it is a deep concern.

7 Let's put it that way. It's a very deep concern for

8 this citizen, and it should be a deep concern of

9 everybody in this region, that this has not been

10 addressed.

11 Q So you would characterize it as a serious

12 concern that should be looked at?

13 A Yes, sir.

14 Q And if it wasn't looked at, it should go

15 back and have that look with peer review. Is that

16 what you're testifying to?


18 Q Okay. Thank you. I appreciate you

19 clarifying that.

20 Mr. Spaanstra asked you about AERMOD and

21 MILDOS, and he asked you some questions about the

22 regulatory requirements. But your testimony was and

23 your opinion is that these models, as they are, are

24 inadequate to understand the air pollution involved

25 with the Energy Fuels proposal; is that right?



1474

1 A Yes. Again, the main reason is, number

2 one, MILDOS is a straight line model. What that

3 means is that it is good for flat terrain. It is

4 basically -- in a cross-examination of Dr. Little,

5 the expert that did the MILDOS runs, he admitted that

6 they are really for the local area, the flat terrain,

7 say, around the mill and to the fence line and the

8 other places that MILDOS was applied to. But for

9 long distances and complex terrain, he admitted that

10 this was not a model that gives you relevant

11 information.

12 Q And you testified that we live in an area

13 with long sight distances, complex terrain, very

14 complex air transport -- I guess that's the end of

15 that sentence, complex air transport; is that

16 correct?

17 A Yeah. This is not flat terrain. And

18 Dr. Little, whose expertise is in radioactivity and

19 its consequences, admitted that he used MILDOS as a,

20 quote, unquote, black box. He did not know the

21 details of this. He knew how to input the data, and

22 his expertise was applied to the results of the data.

23 That's where he felt he was best at. And he just

24 took the runs as they came out with the monthly

25 averages.



1475

1 Q And to be able to know a dose somewhere,

2 you need to know whether or not a radioactivity

3 particle is on dust, getting to a place?

4 A Whenever you quote an average, you should

5 quote the variability associated with that average.

6 And I see nothing like in these reports.

7 Q Okay. And Mr. Spaanstra asked you to

8 testify about a Department of Energy uranium leasing

9 environmental assessment. Do you recall that?

10 A Uh-huh.

11 Q Were you aware that Judge Martinez ruled

12 that that environmental assessment has no legal or

13 practical effect?

14 MR. SPAANSTRA: Your Honor, I object for a

15 couple reasons. Number one, I did not inquire about

16 the assessment itself. I inquired whether the

17 Department of Transportation took that assessment

18 into account. Secondly, he's asking him for a legal

19 conclusion about what Judge Martinez ruled.

20 HEARING OFFICER: It's permissible

21 cross-examination. This isn't in response to the

22 direct done by Mr. Spaanstra. But it is a legal

23 conclusion as to what Judge Martinez ruled, and I

24 have the orders.

25 MR. STILLS: If I could direct you to



1476

1 Page 51 of that order, which is also CDC vs. DOE 819

2 Fed Sup 2nd 1193 reported at Page 1224, I'll just put

3 into the record that the witness was asked about

4 reports that rely on an environmental assessment that

5 has no legal or practical effects. But I'll move on.

6 HEARING OFFICER: Okay.

7 Q (By Mr. Stills) And you heard testimony

8 that beach sands at these tailings piles would not be

9 covered during operations; is that correct?

10 A Could you repeat that again?

11 Q At the tailings piles, are you familiar

12 with the edges of the piles that are going to be dry

13 and they're referred to as beach sands? So there's

14 areas that in those circumstances will have water

15 cover.

16 A I have to admit that I looked at some of

17 the engineering drawings, and it was hard, without a

18 consultant next to me, to interpret what they meant.

19 But I have heard of beach sand, and I now understand

20 what it is. So there must be material outside of the

21 tailings area that will probably be only subject to

22 some kind of dust suppression, but not the water and

23 saturated thing that they described. I might also --

24 Q If you don't know that, you don't know

25 that. That's fine. But assuming that there are



1477

1 beach sands and materials that aren't covered by

2 water, it's your opinion that these kinds of

3 materials should be analyzed for their transport in

4 these models; is that correct?

5 A Yes, to the degree that they need to

6 estimate a lofting threshold. And I also might

7 mention something I forgot in that respect was the

8 fact that I believe that in the operation there'll be

9 these so-called stockpiles of ore placed around the

10 mill area for them to draw upon during times when

11 they can't get deliveries from mines to keep the mill

12 going. So those also would be subject to wind

13 erosion if they aren't properly handled.

14 Q Okay. And the last piece, you were asked

15 a series of questions about Telluride and Montrose

16 (sic) County and what they were able to gain through

17 a separate settlement agreement.

18 Did I say "Montrose"? Thank you, Jeff.

19 Telluride and San Miguel County had

20 arrived at a settlement agreement, and you're aware

21 that that's not binding on CDPHE?

22 A No. I wasn't aware of that until now.

23 Q Yeah. CDPHE doesn't have to follow that

24 if they don't want to. I believe that was the

25 testimony of Steve Tarlton. So that's a private



1478

1 agreement, and whatever is in there, I guess that's

2 what they have. But don't you think it's only fair

3 that the protections that are provided there are

4 provided to everyone, at a minimum, so we've

5 established a floor of what should be done? We

6 haven't necessarily established what the best

7 practices are that should be done concerning air and

8 the issues in that; is that correct?

9 MR. SPAANSTRA: Travis is testifying.


11 Q (By Mr. Stills) Was it your testimony

12 that everyone should be provided the protections that

13 are in that settlement, at a minimum?

14 A I agree with that statement. And the way

15 that I couched it was that I haven't read it except

16 for the bullets that I read in a Telluride Daily

17 Planet article a couple days ago when they were

18 discussing this, or maybe it was a week or couple

19 weeks ago. This is a multipage document, and I

20 haven't had a chance to look at it. But my point was

21 that this was an agreement between one county and the

22 participants in this mill and that it was not

23 applicable to the other impacted areas, and it should

24 be.

25 And that's where the new word -- the legal



1479

1 professional has then produced complexified. It just

2 makes it that much more complex if these kinds of

3 restrictions or requests -- and I haven't looked at

4 all of them, but they look pretty good, just the scan

5 that I'm doing in the time that I've had with it.

6 And yes, that should be applicable to the entire

7 operation for everybody and not just San Miguel

8 County. That was my point. That's why I kept saying

9 San Miguel County, not everybody.

10 Q Well, and for the record, complexify is in

11 the Merriam-Webster dictionary.

12 A It is? All right. Is probablistisize in

13 there?

14 Q That's too much for me.

15 A I'm copacetic on that one.

16 Q The date of the agreement is October 2012.

17 A There's no date of this. It's just a

18 blank line for me.

19 Q Okay. You may not have been provided the

20 signature pages, but I believe it's in the record

21 that this was signed in October 2012. So there could

22 be no analysis in the -- there can be no analysis in

23 an environmental report that has not been updated

24 since 2009; is that correct?

25 A Yes. I mean --



1480

1 Q And there can be no analysis in the

2 environmental impact analysis that was issued as part

3 of a notice on August 6, 2012; is that correct?

4 A Yes.

5 Q So is part of your testimony about peer

6 review, understanding these things in a careful,

7 deliberate way, a way that informs people and informs

8 the people making decisions, that what we should do

9 is look at these alternative means that are contained

10 in this document and have a good, full, robust

11 analysis? Is that what you've been talking about

12 here?

13 A It seems like that's what I get from what

14 I have read about -- and again, the scan of the

15 agreement, yes. This is the kind of detailed input

16 from the general public, alas, through a legal

17 determination or agreement, that I felt should be --

18 should have been provided at the outset of this

19 determination, not at the end or close to the end.

20 Q So as a matter of public interest, the

21 whole area should receive these protections or at

22 least consideration of them and not just because you

23 have the wherewithal, as I'm glad they did, to be

24 able to force it out of them during a hearing

25 procedure?



1481

1 A Yeah, absolutely. Norwood, to my

2 knowledge, does not have the budget to pull something

3 like this off. Now, I may be wrong. Maybe the mayor

4 and the town clerk can tell me, Oh, yeah, we've got

5 all sorts of money for New York lawyers.

6 Q How many people live in Norwood?

7 A In the town, it's roughly around 500 to

8 700. I don't know what the -- I remember 512, but

9 that might have been the number that stuck in my head

10 when I moved there in '94. I'm going to say there's

11 probably 1500 people on Wrights Mesa that Norwood,

12 quote, unquote, services that is essential.

13 Q They're not part of the Norwood tax base?

14 A No. They're part of the various counties.

15 In my case, Montrose; and in other cases, Wrights

16 Mesa -- we look at a basin.

17 Q Yeah. Okay. You've answered my question.

18 I don't have anything more other than to thank you

19 for coming, Dr. Grossman. I appreciate it.

20 A Thank you.

21 HEARING OFFICER: Mr. Barnes, do you want

22 to ask any questions?

23 MR. BARNES: No, thank you.

24 HEARING OFFICER: Mr. Sandler, do you want

25 to ask questions?



1482

1 MR. SANDLER: Just quickly.

2 CROSS-EXAMINATION

3 BY MR. SANDLER:

4 Q Can you hear me?

5 A Yes.

6 Q All right. I was getting a little

7 feedback there.

8 A Yeah.

9 Q Can you hear me now?

10 A Yes.

11 Q All right. Sorry about that.

12 Good morning, Dr. Grossman.

13 A How do you do.

14 Q Doing fine. Thanks.

15 Now, just quickly, am I correct that

16 evaporation increases in windy conditions?

17 A Yes.

18 Q So would it be fair to say that it will be

19 difficult for Energy Fuels to keep the tailings cells

20 and evaporation pond area saturated in these windy

21 conditions?

22 A That, to me, would be a matter of a study.

23 They could probably do a feasibility study using

24 actual materials and scale it up to the size of the

25 eventual situation. They may be able to get a



1483

1 private contractor to do that. But I agree with you.

2 I don't know how many inches or quarter inches or

3 feet of water goes over these tailings. But that

4 certainly is a consideration. I know, not from

5 calculation, which I probably could do, given the

6 nice information from these meteorological towers

7 that they have put out there. But I just know from

8 my birdbath that you can get an inch of evaporation

9 in a day here, especially during these windstorms.

10 It just sucks it right up.

11 Q Okay. It's fair to say one of your big

12 concerns is these extreme windy conditions that exist

13 in the valley?

14 A I'll label that as wind variability. But

15 yes, within that wind variability are these very

16 strong gust storm events, yes.

17 Q Okay. Now, you mentioned that studies

18 could be done to determine if it would be possible to

19 keep these contaminated areas moist during these wind

20 events. To your knowledge, have these studies been

21 conducted?

22 A No. To my knowledge, I don't know.

23 Q Okay. Do you believe any of your concerns

24 about -- let me start over.

25 Do you believe that any of your concerns



1484

1 about this stuff blowing around in windy conditions

2 and the feasibility of any mitigation measures as far

3 as keeping them moist have been studied or analyzed

4 in any of the documents?

5 A It appears to me that within the mill

6 site, again, without any determination of

7 variability, in a general context I believe I

8 mentioned that there was an investigation of a high

9 wind event by the APCD in the EIA that used one high

10 wind event.

11 But my testimony brought out the fact that

12 even within the mill area where they used MILDOS and

13 where these models might more directly apply, they

14 have not accounted for variability. They use monthly

15 averages and gave a 12-month -- they used

16 intramonthly variability but not the full range of

17 variability that could be assessed and for which

18 there is data available to do so.

19 Q Okay. So that just wasn't done?

20 A As far as I could see.

21 Q Okay. Now, do you know how they plan to

22 keep these beach sands moist? Has that been

23 explained to you in these documents?

24 A No. I've done my best to try to scan all

25 of these documents. Again, I got into this in



1485

1 August. I went to the Web site and was completely

2 obliterated. I know that kindly, Mr. Warren Smith

3 has -- if that's correct -- has led me to -- but that

4 was during the hearing. I was very confused. And

5 from what I could gather I could not see what they

6 were doing. I would expect that they have trucks and

7 they just spray these things, or maybe they have an

8 in situ sprinkling system that sprinkles them

9 regularly.

10 Q Okay. But would you agree that either

11 spraying or a sprinkler system would probably not be

12 effective in these high wind events, these high

13 variable events that you speak of?

14 MR. SPAANSTRA: Your Honor, he's already

15 testified he doesn't know what's going to happen

16 here.

17 HEARING OFFICER: Well, I'll allow

18 Mr. Sandler's question.

19 A The general situation, yes. I would say

20 that depending on the droplet size of the spray --

21 and that could be a spectrum of droplet sizes, not

22 just one droplet size but a whole spectrum and

23 probably would be -- that a high wind event would

24 seriously compromise that situation, depending on

25 where the piles and various things were that were



1486

1 being sprayed with respect to the wind direction.

2 Q (By Mr. Sandler) Okay. So kind of the

3 same principle behind the advice of not to urinate

4 into the wind?

5 A Sorry. Could you say that again?

6 Q I said the same advice behind the theory

7 of not wanting to urinate into the wind?

8 A That's correct, the first rule of sailing.

9 MR. SANDLER: Thank you. No further

10 questions.

11 HEARING OFFICER: Does anybody else have

12 any other questions for Dr. Grossman?

13 Or Dr. Grossman, do you have any other

14 testimony you want to offer?

15 DR. GROSSMAN: Not at this time.

16 MR. STILLS: Nothing further.

17 HEARING OFFICER: All right. Mr. Barnes,

18 you're up. First, would you raise your right hand.

19 (Randy Barnes was sworn by the Hearing

20 Officer.)

21 HEARING OFFICER: State your full name.

22 THE WITNESS: Randy Barnes, R-a-n-d-y

23 B-a-r-n-e-s.

24 HEARING OFFICER: And you're the town

25 manager of Ophir?



1487

1 THE WITNESS: I'm the town manager of the

2 Town of Ophir.


4 MR. BARNES: Okay. So most of this was

5 written prior to the hearing. I'm certainly not an

6 expert witness, but I want to represent the Town of

7 Ophir and our community and our concerns with this

8 mill. I have attended Wednesday, Thursday, called in

9 Friday and Saturday, attended yesterday until 2:00

10 and then was on the phone until 7:00 p.m. last night.

11 Our mayor has been here and on the phone, and we also

12 a have general assembly member that was present and

13 has listened in on the phone, as well, so we're

14 obviously very concerned about this mill and the

15 effects to our community and region.

16 Basically, you know, our community is

17 really concerned about this, and we want real answers

18 with real and absolute for sures, not just minimized,

19 limited, as low as possible, best practices verbiage.

20 Tell me if I go too fast. I'll try to go

21 slow. When I'm nervous, I talk fast. I'm sorry.

22 THE REPORTER: Okay.

23 MR. BARNES: Again, we want absolutes, as

24 the uranium industry cannot promise this based on

25 their historical past and the current and ongoing



1488

1 legacy of damage. Additionally, the CDPHE cannot

2 prove that it can adequately manage this damaging

3 industry based on the historical contribution of

4 taxpayer dollars, the detrimental past, and ongoing

5 effects and the associated track records to public

6 health, safety, and environment, this being their

7 mission and vision statement.

8 There is no existing proof that any mill

9 can and will operate violation free to date. We have

10 heard claims of a state-of-the-art design, but we

11 have heard testimony to the contrary. This is a risk

12 being placed upon the majority to benefit a minority,

13 to profit a foreign corporation. More so concerning

14 is that this decision made by so few will affect

15 thousands and numerous generations. So that's kind

16 of my opening.

17 What I would like to tell you now is a

18 little bit about myself. I've been the town manager

19 for the last three years. Prior to that I was the

20 mayor for two, and prior to that I was the town clerk

21 for five. So therefore I can say I know our

22 community. I've lived in Southwest Colorado for

23 almost 24 years, and I've lived in Ophir for 14 of

24 those years. I built my home literally with my two

25 hands, and I live there with my wife and our three



1489

1 children. So please forgive me. I'm used to saying

2 everything a minimum of three times.

3 I would like to say the Town of Ophir was

4 founded in 1881. It was originally an old mining

5 town that has transcended into a working class

6 community in San Miguel County, primarily comprised

7 of families and retirees. We are a homegrown

8 municipality acting by and through a general

9 assembly. We are not a multimillion dollar home

10 community, nor are we a collection of trust funders.

11 We are working for a living. We have 73 homes

12 currently, 160 residents, and 60 kids, with one due

13 in December.

14 We live at 10,000 feet. This is an

15 east-west valley that sits on the western edge of the

16 San Juan Mountains. We all live here because of the

17 regional and environmental beauty, open space,

18 solitude, and recreational opportunities. We are

19 skiers, boaters, hikers, hunters, amongst all the

20 other awesome recreational opportunities the region

21 has to offer. And like all parents, I would assume,

22 we would like to leave something better behind for

23 our children and future generations.

24 Thus it is truly disappointing and

25 concerning that an incredibly unique and beautiful



1490

1 environment could become an industrialized landscape,

2 forever disrupted and contaminated. Our community is

3 small, and we operated on a $112,000 budget last

4 year. And just one thing about our staff. Our

5 bookkeeper and treasurer is from Norwood, Colorado.

6 Ophir does pride itself on its close-knit

7 community, its progressive philosophy, and its

8 aspirations to have a low impact on the environment.

9 From the town's 20-year land conservation efforts,

10 which have resulted in over a thousand high country

11 acres surrounding the town being placed under

12 conservation, to more recent efforts to develop

13 solar, wind, and hydro power in the valley, Ophir

14 has, for the past two decades, prioritized regional

15 lands and water protection and dedicated significant

16 resources to that end.

17 We have worked with the San Miguel

18 Conservation Foundation, the San Miguel Water

19 Conservation Association, the U.S. Forest Service,

20 the EPA, the Trust For Public Lands, the Trust For

21 Land Restoration, GOCO, DOLA, and CDPHE to improve

22 water quality, reclamate mines, and acquire open

23 space to put in public hands. We have also pledged

24 to reduce our carbon footprint, which we actually

25 moved in the correct direction on that one last year,



1491

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

2 In November of 2009, the town began

3 actively pursuing -- actively opposing the Pinon

4 Ridge uranium mill which is seeking a license from

5 the Colorado Department of Public Health and

6 Environment. If approved, the mill would be

7 constructed less than 60 air miles west of Ophir in

8 the Paradox Valley. The town is concerned that

9 airborne pollutants from the mill, radioactive or

10 otherwise, will be deposited in the valley and will

11 contaminate the surface creek that is the public

12 drinking water supply for the town.

13 So I want to talk a little bit about our

14 water supply because we just did -- we recently

15 converted from groundwater to surface water in

16 Waterfall Canyon, which is a tributary of the Howards

17 Fork and San Miguel River. We actually used a West

18 End company from Naturita, and the project contract

19 was nearly $800,000. We did this through state

20 grants from DOLA and loans and worked with ARRA to

21 fund and construct the water treatment system. We

22 worked with the Colorado Power Development Authority

23 and the CDPHE to do this. Currently we have 73 homes

24 that are served by this water system, but at

25 build-out this could double. And we do have a source



1492

1 water protection ordinance, but it only extends three

2 miles.

3 Recently we participated in the San Miguel

4 County Baseline Radionuclide Work Study Plan, and we

5 did this because we are literally at times downwind

6 from the Paradox Valley. Dust from the desert is

7 transported by west to east winds, particularly in

8 low duration, high frequency windstorms. And they

9 are deposited in the San Juan Mountains. This is

10 visible every year, and it has been noticed. The

11 Western San Juan Mountains typically receive four to

12 seven major dust deposition events per year according

13 to the study by J.C. Neff, increasing eolian dust

14 deposition in the Western United States linked to

15 human activity, published in the Nature Geoscience

16 March 2008 edition.

17 Additionally, the University of Colorado

18 professor Dr. Mark Williams has documented this air

19 transport mechanism in his article "Class 1 Areas At

20 Risk: Event-Based Nitrogen Deposition to a High

21 Elevation, Western Site," published in The Scientific

22 World in 2001.

23 If radionuclides particulates from the

24 Pinon Ridge facility are added to this deposition

25 pattern, Ophir's water supply could be rendered



1493

1 unsafe. So Ophir has proactively attempted to

2 establish a baseline for radioactive material in our

3 water source to allow comparisons with future data if

4 this mill is ever built. I am the contract

5 administrator of this study. We have gotten results,

6 and there are no radioactive particulates in the

7 Ophir water source. Ophir wants to keep it that way.

8 So as I said, we joined in on expressing

9 our concern in 2009. We have written many letters.

10 All our residents have written comment letters

11 previously. We had a meeting in Ophir for a CDPHE

12 listening session. It was called an availability

13 session. And that meeting was standing room only in

14 our town hall. The meeting was videotaped, and I can

15 get anybody a DVD from it. I do want to be clear

16 that the meeting was a drop-by session where people

17 could give their oral comments and written questions.

18 We weren't offered specifics about the mill, only the

19 licensing process.

20 When it seemed apparent that this was

21 going to be approved, "this" being the mill, Ophir

22 chose to become party status. We were successful at

23 doing that. I want to read from a letter that I

24 wrote Mr. Tarlton on November 22, 2010. It says,

25 "For many years now, the U.S. Forest Service, the



1494

1 University of Colorado's Institute of Arctic and

2 Alpine Research, INSTARR, the San Miguel Watershed

3 Coalition, and the Town of Ophir have coordinated

4 efforts to study the air and water quality in Ophir.

5 The project managed by University of Colorado

6 professor Dr. Mark Williams has consistently shown

7 that high winds transport pollution from regional

8 coal-fired power plants, some more than 200 miles

9 away. As a result of the orographical and

10 geographical influences, these pollutants, riding on

11 east-to-west winds, are deposited on the windward

12 sides of the mountains in the Ophir Valley."

13 That is from Dr. Williams' report, as I

14 referenced earlier. Indeed, because the town is

15 downwind of the proposed site and on the windward

16 side of the San Juan Mountains, Ophir will be

17 directly impacted by pollutants emitted from the

18 mill. Radionuclides, as well as other nonradioactive

19 pollutants, will be carried to and deposited in the

20 valley and in surface waterways which are the source

21 for the town's public drinking water. In addition to

22 other shortfalls, Energy Fuels' application has

23 failed to address this meteorological and

24 topographical phenomenon and the impact on public

25 health.



1495

1 So I've addressed the settlement agreement

2 with San Miguel County, the Town of Telluride, and

3 Energy Fuels. We chose not to participate,

4 unanimously, in the settlement agreement. Ophir is

5 grateful for the water quality testing that is going

6 to be done in Waterfall Canyon, but should they

7 choose to amend this agreement that can be

8 terminated. Suffice it to say that Ophir is

9 concerned that in the event of certain exceedances,

10 investigating the primary responsibility of the

11 facility will take some time. Remediation to as low

12 as reasonably achievable emission levels does not

13 ensure curtailment of radionuclide deposition.

14 There are uncertain time frames on

15 remedial investigation, and corrective action could

16 impede legal remedies. The possible temporary

17 suspension of the facility operation as a possible

18 outcome does nothing to address the potential

19 pollution when the facility is or should be

20 decommissioned. So Ophir chose to remain party

21 status to oppose the approval of this license because

22 we believe the application is deficient.

23 And I will just address one thing about

24 the suspension of the operation of the Pinon Ridge

25 facility as to the settlement agreement with San



1496

1 Miguel County, the Town of Telluride and Energy

2 Fuels. Basically it says here if the measured levels

3 for radionuclides at any level of the three water

4 sources identified in this Article 3 exceeds

5 100 percent of the maximum containment levels

6 identified in this Article 3 for any four biweekly

7 sampling periods in one calendar year and the CDPHE

8 determines that the Pinon Ridge and/or mine supplying

9 ore to the Pinon Ridge facility are the primary

10 source of such elevated levels of radionuclides,

11 Energy Fuels shall conduct further correction action

12 as required by the CDPHE to reduce the radionuclides

13 below the maximum contaminant levels, which may

14 include the temporary suspension of activities at the

15 Pinon Ridge facility. So there's no guaranties, is

16 how I read it.

17 Ophir is not represented by counsel at

18 this stage of the licensing process and has not hired

19 any of its own expert witnesses. As a layperson, I

20 will not directly address the technical grounds for

21 Ophir's objections to the approval of this license or

22 the technical deficiencies in the application. But I

23 would instead defer to the procedural and substantive

24 arguments and positions put forth by the other

25 parties in opposition to this license. Specifically,



1497

1 Ophir adopts and endorses the expert reports and

2 testimony of Sheep Mountain Alliance witnesses, and

3 Ophir adopts and endorses the statements, reports,

4 and testimony of Dr. Robert Grossman.

5 However, Ophir does believe that the

6 application lacks adequate specifications for

7 controlling air emissions -- for controlling

8 emissions to air. The application also lacks

9 specifications for an environmental monitoring

10 analysis. And we do believe the application lacks

11 adequate and comprehensive ground and surface water

12 monitoring.

13 Specifically to the air, I would like to

14 read another excerpt from a letter that we sent to

15 Mr. Tarlton on November 22, 2010. "While the

16 MILDOS-AREA Model has been approved by the NRC as

17 well as the CDPHE, the model is inadequate for

18 modeling air masses in mountain terrain. As

19 reflected in CDPHE's own comments, the MILDOS-AREA

20 Model uses Gaussian plume algorithms and assumes flat

21 terrain." And that was said in a letter of

22 August 19, 2010, from Steve Tarlton, manager of RCP,

23 to Frank Filas, Energy Fuels.

24 "In this case there is a significant

25 difference in elevation, 4,379, between Paradox



1498

1 Valley and Ophir. Thus, air traveling 60 miles on

2 predominantly west-to-east winds from Paradox to

3 Ophir rises abruptly by several thousand feet when it

4 hits the western edge of the San Juan Mountains.

5 Moreover, MILDOS projects the dose to populations

6 within an 80-kilometer radius. Towns beyond that are

7 included in a generalized continental population

8 dose. Yet due to orographical conditions, high wind

9 speeds, and mountainous terrain, towns just outside

10 the 80-kilometer radius may be significantly

11 affected, more so than residents at the far corners

12 of the continent.

13 "Radon, in particular, with its half-life

14 of 3.8 days, will easily make the 50-mile journey,

15 sometimes in just a few hours with high winds. The

16 town, which lies just outside the 80-kilometer

17 radius, is concerned about the impacts to their air

18 and water quality from dust storms and other weather

19 events that will transport pollutants.

20 "The town concurs with the CDPHE that the

21 application does not address the effects of low

22 duration, high wind events typical of the dust storms

23 that are becoming more and more common in the

24 Southwest. Given the prevailing west-to-east winds,

25 the town is on the receiving end of those storms.



1499

1 Indeed, given the frequency and intensity of dust

2 storms, the town considers this lack of information a

3 serious deficiency in the application. Yet the

4 regional dust analysis report posted October 14, 210

5 on the CDPHE Web site does little to shed light on

6 this issue. First, the study relies on MILDOS to

7 estimate radiation doses to the public and dispersion

8 of the dust, which as discussed above is inadequate

9 to the task.

10 "Additionally, the dust report analyzed

11 only PM10 particles and did not examine total

12 suspended particulates. Particulates of a lesser

13 size, such as PM2.5, should have been included.

14 These smaller particles are more likely to travel the

15 distance from the mill site to the town, and smaller

16 particles can be more detrimental to public health.

17 "The town is concerned that the

18 radiological exposure pathways report posted on

19 November 5, 2010, does not examine exposure pathways

20 where airborne particles are deposited in waterways

21 and from there consumed by humans. The report

22 considers air-to-air and air-to-soil but not

23 air-to-water, the primary pathway by which town

24 residents would be affected."

25 Okay. So in the end, we don't believe the



1500

1 application has addressed these concerns in a

2 satisfactory manner. We do have additional concerns

3 about jobs, wildlife, transportation, socioeconomic

4 effects, and the effects on agriculture, ranching,

5 and tourism. But I'm not going to address those, as

6 so many others have. One other concern -- or a

7 couple concerns that we have, though, is that the

8 reclamation bond is too low based on historical

9 values, another reason we did not participate in the

10 settlement agreement. And in the past, taxpayer

11 funded cleanups have occurred in every case, to my

12 knowledge.

13 Groundwater contamination would appear to

14 disqualify the site for permanent transfer to the

15 Department of Energy. And detrimental effects on the

16 regional economy could happen when an accident

17 happens. Again, as a community, we want absolutes,

18 not just minimizing, limiting, best practices

19 verbiage. And in the end, we are left with one

20 question: Why approve the mill? So thank you for

21 this opportunity to testify. Judge Dana, we trust

22 that you will carefully consider our testimony and

23 the comments of the residents and property owners in

24 determining what your recommendation will be to the

25 CDPHE director.



1501

1 MR. SPAANSTRA: No questions, Your Honor.

2 MR. GOAD: No questions.

3 DR. GROSSMAN: I have a question.

4 CROSS-EXAMINATION

5 BY DR. GROSSMAN:

6 Q Do you think that CDPHE, given your

7 concerns and the settlement agreement, as you see it,

8 and the discussion you've heard since you've been at

9 these meetings so persistently -- has the number of

10 regulators and officers that can come into the field

11 on a regular basis all seasons of the year and

12 monitor these operations, do you think that they are

13 in a position to do so?

14 A Are you asking me about the Town of

15 Telluride and San Miguel County, if they're --

16 Q No. I'm asking you if the state has

17 enough people to come out and do what you want them

18 to do, to monitor this place?

19 A I'm sorry. I think I don't understand

20 your question.

21 Q Well, basically environmental police

22 officers to take a look at the agreements that have

23 been made, the monitoring that needs to be done to

24 keep this place -- the mill, if it's in operation --

25 safe, do you think that CDPHE and the state has



1502

1 enough of these police officers, given all the other

2 things they're doing in the state, to come out here

3 or maybe be stationed out here to take care of

4 business?

5 A I don't have faith in the industry.

6 There's a proven track record of damage to the

7 environment, people's health. So I don't think they

8 can adequately address it.

9 Q Second question.

10 A Okay.

11 Q You mentioned Gaussian dispersion. And

12 I'm wondering -- and this is a general question to

13 everybody -- if during a break or even now -- and

14 I've mentioned it, too -- if you want me to discuss

15 this because it's basically theoretical. It's not

16 practical. Okay. It's all we've got. But I'll --

17 do you want me to explain this to you so that you're

18 well aware of what Gaussian dispersion really means?

19 We've been knocking this term around. I'll be glad

20 to do it either now or during the break.

21 A I don't know.

22 Is it appropriate for him --

23 HEARING OFFICER: If you want to talk to

24 him during the break, that's fine. It's not

25 appropriate for him to testify about Gaussian



1503

1 dispersion during a break.

2 THE WITNESS: That's what I would assume.

3 A So yeah, you can explain it during a

4 break. You know, we've had experts provide opinions

5 to us and recommendations regarding the different

6 theories on dust deposition. And based on those

7 expert opinions, it does happen. And, you know, it

8 doesn't matter to me what theory they're using. In

9 the end, it's proven that the uranium industry causes

10 damage, and it's proven that the dust does come to

11 Ophir from the desert.

12 MR. STILLS: I do have a couple -- are you

13 finished?


15 CROSS-EXAMINATION

16 BY MR. STILLS:

17 Q Good morning. It's five to 12:00.

18 A All right.

19 Q I appreciate you coming over, and I

20 appreciate the work the Town of Ophir's done

21 throughout this and the litigation that resulted in

22 forcing these hearings to happen despite the position

23 taken by the state and Energy Fuels. I do appreciate

24 that.

25 And you testified to the fact that you



1504

1 were at a hearing in June 2010 in the Ophir community

2 building?

3 A Correct. That's the correct date.

4 Q And Dr. Williams, who you referred to, was

5 there that day?

6 A Yes, he was.

7 Q Do you remember any comments he made about

8 the air models being used for this process?

9 A If I remember correctly, I think he

10 felt --

11 MR. SPAANSTRA: Your Honor, this is

12 totally hearsay.

13 HEARING OFFICER: We're going to get there

14 in a minute, I think, but I don't know yet.

15 THE WITNESS: We could watch the DVD.

16 MR. SPAANSTRA: We could.

17 Q (By Mr. Stills) Go ahead and answer. He

18 actually said, Yes, go ahead and answer.

19 A I did say yes, he felt that it was

20 inadequate.

21 Q Did he use any colorful language to

22 describe its inadequacy?

23 A I can't testify to my remembering that.

24 Q Okay. And you recall Mr. Tarlton being

25 there, as well?



1505

1 A Absolutely.

2 Q And your testimony was that you expressed,

3 you know, a lot of concern about what was happening

4 with this permit, is that correct, or with this

5 application? I'm sorry.

6 A Everybody in attendance was very concerned

7 about the mill.

8 Q And you're familiar with the environmental

9 impact analysis that was conducted by CDPHE?

10 A A little bit, yes. I've heard a lot about

11 it, but I can't say I grasped it all.

12 Q It was -- I guess the version that we have

13 was finalized in January 2011, according to

14 Mr. Tarlton. Were you asked to provide comments to a

15 draft of that EIA before January 2011?

16 A Not to my knowledge.

17 Q Was the town ever invited to participate

18 in an official capacity for preparation of the EIA?

19 A Not to my knowledge. We did have some

20 other parties in Ophir, working with Ophir for this.

21 Q Okay.

22 A So I don't recall that I received

23 personally an invitation.

24 Q Okay.

25 A I can review this --



1506

1 Q But given the level of interest in the

2 town, you would have been one of the people who would

3 have been provided an opportunity to prepare that

4 response; is that true?

5 A Typically that would be the case.

6 Q Okay. And you're not aware of any

7 invitation to participate as a cooperating agency to

8 help with the preparation of the EIA; is that

9 correct?

10 A Not to my knowledge.

11 Q Again, thanks very much for testifying. I

12 know a small town engaging in these kinds of

13 proceedings is an interesting match, but I appreciate

14 it. Thanks very much.

15 A Thank you. As a municipality, we found it

16 important to be here.

17 HEARING OFFICER: Does anybody else have

18 questions?

19 Anything else you want to say, Mr. Barnes?

20 THE WITNESS: No.

21 HEARING OFFICER: Mr. Sandler, do you have

22 any questions?

23 MR. SANDLER: No questions.

24 THE WITNESS: Thanks, guys. You made it

25 easy.



1507

1 HEARING OFFICER: Is this a rational time

2 to take our 15-minute lunch break?

3 (Recess from 12:02 p.m. to 12:20 p.m.)

4 HEARING OFFICER: All right.

5 MR. STILLS: We're back on the record?

6 HEARING OFFICER: Do we have the phone on?

7 Mr. Moore, before you get away, are we still on the

8 phone?

9 MR. SANDLER: We're on.

10 HEARING OFFICER: Our 15-minute lunch

11 break is concluded, and we're back on the record.

12 MR. STILLS: If I may just inquire, we're

13 done with direct testimony then; is that correct?

14 HEARING OFFICER: I believe we are.

15 MR. STILLS: We're done with direct?

16 MR. GOAD: Correct.

17 MR. STILLS: And now we're just moving

18 into rebuttal?

19 HEARING OFFICER: Rebuttal.

20 MR. STILLS: Okay. Who are we calling?

21 MR. SPAANSTRA: We're calling Kim

22 Morrison.

23 MR. STILLS: I would lodge an objection.

24 Ms. Morrison was not identified by Energy Fuels as a

25 rebuttal expert in the disclosures that were made on



1508

1 August 5, 2012. Sheep Mountain Alliance did reveal

2 all of its rebuttals. The only person identified

3 under the Rule 26 requirement that the parties agreed

4 upon was Frank Filas. So if we have testimony from

5 Frank Filas, we think that's appropriate. But to

6 call witnesses that were not disclosed timely,

7 providing us an opportunity to do discovery, we do

8 object to them being called.

9 MR. SPAANSTRA: Your Honor, Ms. Morrison

10 was disclosed on September 20th in our original

11 expert disclosures. Her report was disclosed on

12 November 2. If you recall, in our discussion on

13 November 2 there was a massive list of will call --

14 may call witnesses that Mr. Stills had. And he

15 argued strenuously that we should make them all

16 available here. As part of that discussion, we

17 offered to bring the four we have. And hence, we

18 would like the opportunity to put them on.

19 MR. STILLS: And Your Honor, our objection

20 was based on the fact that these witnesses should

21 have been -- they were properly disclosed as

22 witnesses for their direct case to support the burden

23 that they have in this proceeding. And if they

24 needed to come back and do other testimony, that

25 would be fine. But Energy Fuels chose to rely on



1509

1 Frank Filas. And revealing their report on November

2 2nd also provided us no opportunity to do any

3 discovery. That was five days before the hearing was

4 to start on December 7th -- I'm sorry --

5 November 7th.

6 Basically what has transpired is, you

7 know, kind of a bootstrapping or sandbagging of

8 providing their direct case. Providing these folks

9 as rebuttal, as we said in other places, denies us

10 our right to be able to participate in this hearing.

11 And this was the subject of several motions by Energy

12 Fuels. Those are important dates. September 20th

13 and August 5th were key dates, dates which Sheep

14 Mountain Alliance adhered to for the disclosure of a

15 major portion of the case. We never had the

16 opportunity to conduct discovery, get any document

17 disclosures. Discovery closed the day they put these

18 witnesses forward.

19 MR. SPAANSTRA: Your Honor, again, we

20 disclosed Ms. Morrison on September 20; not the

21 rebuttal report, but the original reports in that

22 disclosure. In terms of the -- again, I'll

23 reiterate. Given the passionate argument that

24 Mr. Stills had that these people all should be

25 available, we've provided an expert --



1510

1 MR. STILLS: We --

2 MR. SPAANSTRA: Can I finish, please?

3 And as you have ruled, you know, discovery

4 could continue through the hearing. You've been

5 certainly very responsive to Mr. Stills' requests to

6 continue discovery beyond the dates in the stipulated

7 agreement, and so therefore we'd offer her.

8 MR. STILLS: I do have a copy of the

9 September 20th disclosure sent by Energy Fuels. They

10 said that they were listed on our witness list. They

11 were not listed as expert witnesses. So back-dooring

12 there does not work.

13 And I'd also submit that although we're

14 just discussing one of these witnesses right now, I

15 believe there's some intent to bring witnesses who

16 aren't on this list to testify as experts. And we

17 would go ahead and lodge our objection to that right

18 now. We can also lodge it as he determines who he

19 may or may not want to call.

20 MR. SPAANSTRA: Your Honor, I have SMA's

21 disclosure, and listed on it is Kimberly Morrison.

22 It says, See expert report and may call. And so they

23 were very much aware; in fact, were demanding that

24 she be in the room.

25 HEARING OFFICER: Anybody else want to say



1511

1 anything to make a record?

2 MR. STILLS: One more point on that.

3 Those were identified as adverse or

4 cross-examination. That is based on the Atomic

5 Energy Act requirement that they meet their burden in

6 such a manner as we may cross-examine and not charge

7 us to cross-examine or sandbag them until rebuttal.

8 I'm done.

9 HEARING OFFICER: I have played fast and

10 loose with the discovery rules throughout the course

11 of this process in an effort to make sure everybody

12 got access to everything they thought they needed for

13 this hearing and to get ready for this hearing. And

14 I appreciate counsels' cooperation throughout the

15 course of this process in filing motions and filing

16 responses and filing replies way ahead of the time

17 that would normally be contemplated. And I've tried

18 to rule, to the extent I could, quicker than I might

19 normally have ruled.

20 You've made your record. We're going to

21 hear from the witness.

22 MR. SPAANSTRA: Thank you.

23 MR. STILLS: Thank you. Your Honor.

24 HEARING OFFICER: And you can make

25 arguments further in the course of the hearing



1512

1 process if you want to. But we have live people

2 here. We're going to hear from them.

3 MR. SPAANSTRA: Thank you, Your Honor.

4 HEARING OFFICER: Raise your right hand.

5 (Kimberly Morrison was sworn by the

6 Hearing Officer.)


8 THE WITNESS: Kimberly Finke Morrison.



11 Q Welcome to Nucla, Kim. I'm pleased we're

12 actually going to have a chance to talk to you.

13 Thank you for coming back from the Congo to be here.

14 I'm going to ask you a few questions because I'm

15 going to offer you as an expert. And Travis and I

16 will probably have a discussion about that, as well,

17 but let's see where it goes.

18 Could you first please provide your

19 educational background.

20 A Certainly. I received a bachelor's degree

21 in geological engineering from the University of

22 Missouri-Rolla in 1996, graduating summa cum laude.

23 Then I went and got a master's in civil geotechnical

24 engineering from the Georgia Institute of Technology,

25 completed there in March of 1998.



1513

1 Q Kim, could you please provide a summary of

2 your work experience since you left Georgia Tech?

3 A Certainly. When I completed my degree at

4 Georgia Tech, I moved to Denver, Colorado in 1998.

5 And I started my career as a staff engineer at

6 Woodward Clyde Consultants. Woodward Clyde was later

7 acquired by URS Corporation. In 2000 I moved on to

8 Golder Associates, where I progressively was promoted

9 from a project level engineer through to associate

10 from the period of 2000 through January of 2011. And

11 in 2008 and '9, I moved to Perth, Western Australia

12 for a period of time during my stint at Golder

13 Associates.

14 In January of 2011 I briefly moved on to

15 AMEC Environment & Infrastructure, also in Denver,

16 Colorado. And recently, earlier this year, I started

17 my own consulting firm, Morrison Geotechnical

18 Solutions, where I currently reside.

19 Q Thank you. What type of projects over the

20 course -- since 1998 over the course of your

21 professional experience have you specialized in?

22 A Certainly. Over the past 15 years I've

23 specialized in environmentally responsible design of

24 mine waste facilities for clients worldwide.

25 Globally I've been involved in the design of more



1514

1 than 20 geomembrane-lined heap leach facilities and

2 more than 15 tailing storage facilities. I have

3 experience in the uranium industry with regard to

4 mining, milling, and ISR projects in the United

5 States, Canada, Kazakhstan, and Australia.

6 Q In the CV that we disclosed on

7 September 20 you listed upwards of 25 technical

8 publications, if I'm counting correctly. Would you

9 briefly describe those.

10 A Certainly. I have authored or coauthored

11 more than 25 technical publications. Many of those

12 publications have been focused on geomembrane liner

13 design in the mining industry, the design of tailing

14 storage facilities, and the regulatory environment

15 surrounding uranium tailings management in the United

16 States.

17 MR. SPAANSTRA: Thank you. With that,

18 Your Honor, I'd proffer Ms. Morrison as an expert in

19 civil and geotechnical nearing.

20 HEARING OFFICER: Voir dire?

21 VOIR DIRE EXAMINATION

22 BY MR. STILLS:

23 Q Good afternoon. Were you here last week

24 for any of the testimony?

25 A I listened on Friday morning to the



1515

1 testimony by two of Stratus Consulting's consultants.

2 Q You were not able to see any of their

3 presentation of the visual materials?

4 A No, I was not. However, a couple of the

5 items I understand were in their previous documents

6 which I did have the opportunity to review.

7 Q Are you here today to only testify as to

8 matters that were brought to your attention

9 concerning Stratus Consulting?

10 A Yes.

11 Q So you're not here to testify to the whole

12 range of documents that were with your disclosure; is

13 that correct?

14 A Absolutely not. I don't think we have

15 that kind of time.

16 MR. STILLS: Okay. Thank you.

17 No objection, Your Honor.

18 HEARING OFFICER: Anybody else?

19 All right. Go ahead.

20 DIRECT EXAMINATION (resumed)


22 Q Ms. Morrison, did you prepare a report in

23 preparation for this hearing?

24 A Yes, I did. I prepared a document on

25 November 2nd.



1516

1 Q And that report was, actually, following

2 up on Travis' question, a response to Stratus

3 Consulting's comments on waste containment and

4 remediation costs on the Pinon Ridge project in

5 Montrose County, Colorado?


7 MR. SPAANSTRA: Your Honor, I would offer

8 that report as Exhibit 3. I have a hard copy for

9 Your Honor. This was disclosed, as I mentioned

10 before, to all parties on November 2nd.

11 HEARING OFFICER: All right. Subject to

12 the objections made earlier by Mr. Stills, it's

13 admitted.

14 (Energy Fuels Exhibit 3 admitted.)

15 MR. SPAANSTRA: Sorry, Your Honor. I cut

16 you off.

17 HEARING OFFICER: No. I'll consider the

18 document.

19 Q (By Mr. Spaanstra) So Ms. Morrison,

20 briefly describe your role in the design and

21 licensing of the Pinon Ridge project.

22 A Certainly. From the year 2007 until I

23 left Golder in 2011, I served as the project manager

24 and the lead geotechnical design engineer for the

25 aspects of the projects that Golder Associates was



1517

1 responsible for. And since departing Golder, I have

2 been continuously involved with Energy Fuels and

3 assisting them with the permitting and licensing

4 aspects of the project, including assisting them with

5 their NESHAPs permit through the EPA.

6 Q On Friday, as you just testified in voir

7 dire, you did listen to Dr. Ann Maest's testimony,

8 correct?


10 Q I would like to ask you a few questions

11 related to her comments on that day. Dr. Maest --

12 and I'm going to paraphrase. Well, I'm not going to

13 paraphrase. She did testify that all liners leak,

14 which -- that all liners leak. Could you please

15 describe generally how you address the liner issues

16 in your November 2 report that we just submitted.

17 A Certainly. In my report I indicated

18 generally that geomembrane liners themselves are not

19 permeable. However, seepage through the liner system

20 is affected by defects in the liner. Specifically, a

21 geomembrane liner when placed in contact with a low

22 permeability soil liner dramatically decreases the

23 amount of seepage through the liner system.

24 And then when you have a double composite

25 liner system, such as that designed for the Pinon



1518

1 Ridge project where you have an intervening leak

2 collection and recovery system layer, that

3 dramatically decreases the amount of seepage by

4 limiting the amount of driving head acting on the

5 liner. And I do have a slide that shows this in more

6 detail.

7 MR. SPAANSTRA: So the two slides that

8 we're going to see -- Olivia, I believe, is going to

9 send an E-mail with them here momentarily. We're

10 trying to limit how long this (indicating) is on for

11 court reporting purposes. So I'll turn it on. We

12 may have to wait a minute here.

13 Q (By Mr. Spaanstra) Ms. Morrison, let me

14 walk you through the slides. First, can you describe

15 the liner systems which were used historically in the

16 uranium mining and milling industry?

17 A Certainly. This slide shows the types of

18 liner systems that are typically used in the mining

19 industry, with the amount of environmental protection

20 associated with each one. First what we have is the

21 no liner scenario. And this is the situation that

22 was the case for many of the legacy projects that we

23 keep hearing so much about in the uranium industry

24 where there was no liner whatsoever.

25 However, when the importance of a liner



1519

1 for environmental protection -- when people became

2 aware of that, they incorporated a clay liner. And a

3 clay liner does provide significant improvement.

4 It's very important to note that for this particular

5 demonstration I've assumed that the clay liners that

6 are shown here, it compares clay liners with a

7 thickness of 3 feet and a permeability of 10 to the

8 minus 7 centimeters per second.

9 Q Could you point that out on the slide, for

10 the court reporter.

11 DR. GROSSMAN: Can I get some

12 clarification?

13 HEARING OFFICER: You can ask questions on

14 cross.

15 DR. GROSSMAN: It's just that on one of

16 those, the units that are being used for this I don't

17 understand.

18 MR. SPAANSTRA: Well, you can ask that

19 later. I get my shot first.

20 DR. GROSSMAN: Okay.

21 Q (By Mr. Spaanstra) I'm sorry.

22 A Okay. So shall I continue?

23 Q Yes.

24 A All right. So when the importance of

25 liners were noted for the mining industry, they



1520

1 started to incorporate clay liners. And clay liners

2 are still appropriate for some applications. Though

3 when geomembrane liners were introduced, at first

4 they were just placed by themselves without a clay

5 liner. However, soon there after the importance of

6 putting the geomembrane liner in contact with the

7 clay liner became very clear. And that's what I'm

8 terming a single composite liner here. And as you

9 can see in this demonstration, the geomembrane in

10 contact with the clay liner is 100 times better at

11 providing -- at limiting seepage than the clay alone.

12 Q Great. And you testified that you had

13 listened to the presentations on Friday.

14 A Right.

15 Q My recollection was that there was some

16 discussion about the liners leaking at a number of

17 historic uranium mills.

18 A Uh-huh.

19 Q Based on your knowledge and expertise,

20 which of these liner systems had been employed in

21 these historic cases?

22 A Certainly. In most historic cases, it was

23 the no-liner scenario where there was no liner

24 whatsoever. In some cases, it was with a clay liner;

25 of course, not one that's 3 feet thick with this low



1521

1 of permeability. And in other cases, it was a type

2 of a geomembrane liner. However, the early

3 geomembrane liners were quite a bit inferior to the

4 ones that we currently have. And a geomembrane liner

5 placed with a clay liner does not provide nearly the

6 protection of the single composite liner here.

7 I would like to make one additional

8 comment on the single composite liner. This is the

9 standard of practice in the United States for cyanide

10 heap leach facilities, the use of a single composite

11 liner. However, for the cyanide heap leach

12 facilities, the clay liner layer is only 6 to

13 12 inches thick, and the permeability is one to two

14 orders of magnitude higher. So the soil liner, the

15 clay liner component, is much more stringent for use

16 in the uranium industry.

17 Q And just to clarify, cyanide heap leach

18 operations are used in the mining of gold?


20 Q Currently what is the mandated regulatory

21 requirement, based on your experience?

22 A With regard to uranium tailings storage

23 facilities in the United States, the mandated

24 regulatory requirement is what's shown here, a double

25 composite liner system.



1522

1 MR. STILLS: Your Honor, I would object to

2 her offering a legal conclusion.

3 THE WITNESS: It's clearly stated in the

4 regulations. It's spelled out.

5 HEARING OFFICER: The witness can testify

6 as to what she understands the regulations say. If

7 we get into a legal conclusion, I'll have to address

8 it.

9 A In the case of uranium tailings storage

10 facilities in the United States, the regulations are

11 prescriptive, where it clearly spells out the

12 requirements, the minimum requirements. And that

13 includes two layers of geomembrane separated by a

14 leak collection and recovery system layer overlying

15 3 feet of low permeability clay. And that's the

16 double composite liner system shown here, and that is

17 what was essentially designed for the Pinon Ridge

18 project.

19 However, we have incorporated some

20 improvements. And as you can see here, the double

21 composite liner system is nearly 7,000 times better

22 at limiting seepage than the single composite liner

23 and nearly 700,000 times better at limiting seepage

24 than the clay alone.

25 Q (By Mr. Spaanstra) And just to go back to



1523

1 your earlier testimony, the clay alone and the clay

2 liner, the 7,000 times, and the clay liner were

3 what's been used historically in the industry?

4 A Historically in the industry, to state it

5 again, it was the no liner, a thin clay liner, and a

6 geomembrane liner without the clay in contact with

7 it.

8 Q You mentioned that the Pinon Ridge design

9 incorporates additional protections, if you will,

10 beyond what the regulatory requirements are. Could

11 you discuss those?

12 A Yes, I can, and we spelled that out. I

13 spelled that out in the November 2nd letter.

14 However, I have a slide that walks through those that

15 I'd like to show now.

16 So the liner system design for Pinon

17 Ridge, first it includes an underdrain system. The

18 underdrain system is located above the upper

19 geomembrane. And what that does is reduce the

20 driving head on the liner by pulling water out from

21 beneath the bottom of the cell. An additional thing

22 that we did with regard to the upper primary

23 geomembrane liner is we made that a conductive

24 geomembrane. And by making it a conductive

25 geomembrane, that will easily facilitate a leak



1524

1 detection survey at completion of installation to

2 identify any defects that may have happened during

3 the installation process.

4 Additionally, with regard to the upper

5 geomembrane liner, we have made it -- we have

6 designed it with a light-reflective, white coating

7 which provides a couple of benefits. One of those is

8 that it gives us the opportunity during installation

9 to visually detect any defects because the white is

10 only a coating. And if there is a defect during

11 installation, we should be able to see that by the

12 black showing through.

13 The white coating provides us an

14 additional measure, in that it will limit the UV

15 degradation of that upper geomembrane liner. And

16 then as we move down through the sandwich, instead of

17 the clay liner that's 3 feet thick, we have designed

18 that low permeability zone as a geosynthetic clay

19 liner. And in our design report, we have

20 demonstrated that that GCL layer provides a lower

21 permeability than the prescriptive 3 feet of clay.

22 Further, we've looked at the

23 manufacturer's recommendations for installation of

24 the GCL, and we went above and beyond those

25 recommendations by doubling the transfers and



1525

1 longitudinal overlaps of the GCL as part of the

2 design.

3 Q Following up on this slide, my

4 recollection of Dr. Maest's testimony was, again,

5 that all liners leak. And one of the -- I recall one

6 of the things she testified to is oftentimes you

7 can't -- I'm going to paraphrase, but essentially

8 that when you install these liners, it's hard to do

9 that perfectly without creating some flaws. So I

10 think I just heard your testimony that we have an

11 initial upper primary geomembrane liner to address

12 precisely that at the time of installation; is that

13 correct?


15 Q Can you amplify on that a little bit?

16 A Yes. As I indicated, we put in additional

17 measures above and beyond the regulations in order to

18 ensure that the installation of the geomembrane is

19 done as good as possible with the smallest amount of

20 defects and least amount of seepage possible.

21 Q So to channel our colleague Matt who's on

22 the phone, it would be fair to say that the Pinon

23 Ridge design materially mitigates Dr. Maest's

24 assertion that all liners leak?




1526

1 Q Dr. Maest, in her report and her

2 testimony, agreed that engineering systems, as you

3 have described, have significantly improved over the

4 past 30 years. But she concluded with, again, all

5 liners leak. My understanding is that designs like

6 the last two you described have only been in place --

7 or the last three you described -- over the last

8 20 years and designs with a GCL system perhaps over

9 the last 15 years. So I'm wondering if there's any

10 empirical studies which you're aware of that address

11 the effectiveness of these designs as contrasted with

12 the earlier ones?

13 A Yes. There are numerous publications out

14 there: Giroud, EPA, Rowe, the National Research

15 Council. I would like to just bring to your

16 attention a couple of them. And just so that I don't

17 misstate anything, I have -- this, I believe, was

18 E-mailed, but I would like to just read basically

19 directly from this. One of the articles is by Rowe

20 dated 2005. And the title of that is "Long-Term

21 Performance of Contaminant Barrier System." In his

22 study he states the following: "Field measurements

23 and theoretical calculations show that composite

24 liners are substantially better than single liners in

25 terms of controlling leakage."



1527

1 Secondly, "Leakage rates with a composite

2 liner are very small, and diffusion will dominate as

3 a transport mechanism for contaminants that can

4 diffuse through a geomembrane. However, HDPE" --

5 which is what we have designed for the Pinon Ridge

6 project -- "provides an excellent diffusive barrier

7 to ions."

8 Thirdly, "Composite liners involving a

9 geomembrane over a GCL" -- again, what we have for

10 the Pinon Ridge project -- "gave rise to

11 substantially less leakage than those involving a

12 compacted clay liner."

13 And finally, Rowe provides information

14 with regard to the long-term performance of HDPE

15 geomembranes with regard to their service life. For

16 instance, the service life for the secondary lower

17 geomembrane is greater than 600 years based on his

18 research.

19 A fairly recent book was put out by the

20 National Research Council in 2007 that is titled

21 "Assessment of the Performance of Engineered Waste

22 Containment Barriers." In that book the two primary

23 questions that are addressed are how well are these

24 engineered barrier systems working, and how long are

25 they likely to work effectively. The important



1528

1 conclusion -- and I'll read verbatim from the book --

2 is based on --

3 MR. STILLS: Your Honor, if I may.

4 Are you offering these into evidence?

5 MR. SPAANSTRA: No.

6 MR. STILLS: Just reading them aloud

7 during the hearing?

8 MR. SPAANSTRA: Yes.

9 MR. STILLS: I would object to

10 cherry-picking a few items out of these materials for

11 this testimony. This is part of the disclosure

12 problem. We had no time to be able to disclose -- or

13 to go after the basis of any of these. We're

14 prevented from having any attempt to get these --

15 when we found out there was going to be rebuttal,

16 people were already making travel plans.

17 HEARING OFFICER: I'll note the objection.

18 Do you have copies of these publications?

19 THE WITNESS: I E-mailed them to you.

20 MS. LUCAS: The publications? Okay. I

21 have this piece of paper, which I just E-mailed to

22 all counsel.

23 MR. STILLS: Your Honor, if they're going

24 to come in as testimony, I would suggest that we have

25 the opportunity to see whether or not we want them to



1529

1 come in in total.

2 HEARING OFFICER: Well, you can

3 cross-examine this witness on her testimony.

4 MR. SPAANSTRA: I'm not offering them into

5 evidence.

6 HEARING OFFICER: I mean, so why don't we

7 limit it to questions of this witness about her

8 opinions, and then we'll avoid the transfer of other

9 people's opinions into this process.


11 Q (By Mr. Spaanstra) Let's move on to

12 another topic.

13 A Certainly.

14 Q Dr. Maest commented that she understood

15 that liner compatibility testing was performed on the

16 HDPE geomembrane; is that correct?

17 A No. Her statement was incorrect. It is

18 not so much the compatibility of the leachate and

19 raffinate with the HDPE that is of concern. But it's

20 really the compatibility of the leachate with the

21 sodium bentonite in the GCL, the geosynthetic clay

22 liner, that's a concern because that can adversely

23 affect the permeability of the GCL.

24 Specifically, high ionic strength

25 solutions limit the ability of the sodium bentonite



1530

1 to swell. And very low pH solutions can potentially

2 dissolve the bentonite materials. So with that said,

3 we conducted a number of compatibility tests with the

4 leachate versus the GCL material. Specifically, the

5 synthetic leachate that was used for the testing had

6 a Ph of less than 2. However, as I believe we've

7 heard, the raffinate solution Ph was on the order of

8 4.4. And with that said, the synthetic leachate used

9 for the compatibility testing was as much as

10 500 times more aggressive than that anticipated in

11 the field and is extremely conservative.

12 Q Was testing only performed for the 48-hour

13 period, as mentioned by Dr. Maest, or was it

14 different?

15 A No. That is certainly not correct. The

16 48 hours was merely the period allowed for the

17 leachate to saturate the GCL under low pressures.

18 However, the testing duration ranged from about

19 30 days to -- one of the samples was run actually

20 over a year. And the termination criteria for that

21 test is that the electrical conductivity and the Ph

22 of the solution measured coming out of the GCL must

23 equal that going in.

24 Q And why does that matter, that it's equal?

25 A It shows that the test is complete, that



1531

1 the GCL -- that the permeability has stabilized of

2 the GCL.

3 Q Let's talk about the about bird netting

4 system designed for the evaporation ponds. As you

5 pointed out, I completely blew my cross-examination

6 of Dr. Maest on that question. I messed it up. So

7 I'm going to try to ask you to see if we can get to

8 the truth.

9 The case, as I understand it, is that

10 originally the bird netting was designed with a

11 larger mesh and later reduced to 3/4 inches. Stratus

12 argued that the decreased bird netting size will

13 decrease the evaporation potential from the ponds.

14 In her testimony that I inartfully tried to ask her

15 about, she said that you agreed that the reduced bird

16 netting size would decrease evaporation. Could you

17 comment on that?

18 A Certainly. Her comment was incorrect. In

19 my November 2nd letter I stated that I agreed with

20 Stratus Consulting that the bird balls, not the bird

21 netting, though relatively effective at deterring

22 birds, would limit the evaporation from the

23 evaporation ponds to the point where they would be

24 counter effective.

25 Q Would the bird netting have an effect on



1532

1 the evaporation rate?

2 A Yes. And this is clearly stated in the

3 evaporation pond design report, the appendix

4 associated with the water balance. It says that the

5 bird netting and the total dissolved solids in the

6 raffinate are both anticipated to influence the

7 evaporation rate. As such, we recommend that field

8 measurements be taken during the early years of

9 operation to refine and calibrate the water balance.

10 Q What if the bird netting limits

11 evaporation more than they planned, or you planned?

12 A There are a number of contingency measures

13 that are included. One of them is that there are

14 enhanced evaporation systems that have been designed

15 that are expected to, based on the current design,

16 only operate for about eight hours per day. However,

17 if the bird netting limits evaporation too much, we

18 can run those sprinklers for a longer period of time.

19 Secondly, with the designed raffinate flow

20 rate, there is only the requirement for about

21 46 acres of the evaporation ponds as currently

22 designed. However, we have provided area for up to

23 80 acres of evaporation pond cells. So as such, if

24 the evaporation is limited, we can just construct

25 more cells.



1533

1 Q Let's move on to the issue of the vadose

2 zone, which was discussed quite a bit in both

3 Dr. Maest's and Ms. Travers' testimony. In that

4 testimony they both indicated that additional vadose

5 zone monitoring should be incorporated into the

6 groundwater monitoring plan at the facility. In

7 subsequent testimony both by Mr. Filas and by

8 Mr. Tarlton, it was stated that additional vadose

9 zone monitoring wells likely will be required if the

10 license is reissued. Do you support that?

11 A Yes, I do. And I recently spoke with

12 Edgar Ethington of CDPHE to confirm that. He

13 indicated to me that additional shallow and deep

14 ground monitoring wells will be installed on-site,

15 and addition surface water monitoring points off-site

16 will be identified after a final detailed design of

17 the facilities becomes available.

18 Q I'm glad you mentioned that because

19 Ms. Travers testified that it would be her view that

20 such a vadose zone monitoring plan be completed as

21 part of the permitting process. Obviously -- well,

22 I'll ask you: Do you agree with that?

23 A The licensing process sets forth plans and

24 expectations for the project. However, you cannot

25 know with 100 percent certainty exactly where every



1534

1 monitoring point needs to be until the detailed

2 designs are complete.

3 Q Let's move on to another issue, which was

4 the single wall versus double wall piping. Certainly

5 Ms. Travers articulated a desire for double wall

6 piping. Mr. Filas, in his testimony, said that a

7 single wall would be better if contained for

8 observation purposes, for inspection purposes. In

9 your November 2 report you made a suggestion to

10 enhance the single wall option. Could you describe

11 that?

12 A Yes, certainly. First, I agree with

13 everything that Frank indicated, that single wall

14 piping with a geomembrane-lined trench provides the

15 secondary containment required and also the

16 opportunity for visual observation of the piping if

17 anything were to happen. However, I recommended that

18 we also add flow and pressure meters along the piping

19 system to monitor performance realtime during

20 operations.

21 Q Okay. Finally, back to my favorite topic,

22 bird netting, in your November 2 report you agreed

23 with -- I think it was Dr. Maest who had a concern

24 about ice and wind loads. So do you have a

25 recommendation in that regard to address that issue?



1535

1 A Certainly. If CDPHE issues the mill

2 license, I recommended that Energy Fuels consult

3 directly with the bird netting manufacturer in order

4 to get the detailed design such that it limits the

5 maintenance requirements of the system.


7 That's all I have for this witness, Your

8 Honor.

9 HEARING OFFICER: Mr. Stills, do you want

10 to go first? I'll leave it up to you folks.

11 MR. STILLS: Sure.


13 BY MR. STILLS:

14 Q So it's your testimony that all liners

15 leak?

16 A No. That is not what I stated. I stated

17 that there is seepage through liner systems as a

18 result of defects in the liner systems. However, for

19 the Pinon Ridge project we are adding belts and

20 suspenders to limit, to the extent possible, any

21 defects in the liner system.

22 Q But it's your testimony that all defects

23 in the liner system cannot be eliminated?

24 A No. I'm not stating that all defects

25 can't be eliminated. It's not known with complete



1536

1 100 percent certainty that we cannot eliminate all

2 defects with the measures that we are putting forth.

3 Q So you're trying hard, you can do a good

4 job, but even at best, some of the liquids might get

5 through?

6 A I seriously doubt that given the system

7 that we have designed. With the leak collection and

8 recovery system, the amount of driving head acting on

9 that lower geomembrane will be such that even if

10 there is any seepage, it will not saturate the

11 materials underneath the liner system.

12 Q You can say with 100 percent certainty

13 that there will be no liquids that make it through

14 the liner system at the site?

15 A I don't believe that I can state with

16 100 percent certainty that.

17 Q You've done your best? You've tried to

18 put together a good liner system, but these are

19 designed by humans; is that right?

20 A They are designed -- excuse me. The

21 performance of a liner system is a result of the

22 design, the installation, the operations, and

23 maintenance of the entire system. So based on my

24 design, it would be a flawless system. However, it's

25 everything else that goes into play that really



1537

1 affects the performance of the liner system.

2 Q Life playing out, things happening in the

3 world? And that's the importance of having a good,

4 solid monitoring system; is that correct?

5 A Yes. Monitoring systems are important.

6 However, we have addressed that. In my November 2nd

7 letter I stated that there would be piezometers

8 installed in the alluvial wells to monitor the vadose

9 zone. So we believe that we've incorporated

10 everything required in order to monitor the

11 performance of the liner systems designed for this

12 project, particularly given the hydrogeology of the

13 site.

14 Q Are there other alternative ways that one

15 could measure for -- or monitor for leaks?

16 A There are additional -- there are other

17 things that can be done. However, in our opinion,

18 those measures that we have taken are appropriate for

19 this project. And it's further important to note

20 that we do not merely meet the prescriptive

21 regulatory requirements set forth. We have exceeded

22 those in our designs.

23 Q So there's two options that you just laid

24 out, right? The minimum requirements, as you read

25 the regulations, and the improvements you've put



1538

1 forward, correct?

2 A Right.

3 Q And then there's also the legacy projects

4 that you put forward, which would be a no-liner

5 alternative, clay-only-liner alternative, single --

6 A Not single composite, no; geomembrane only

7 without a clay.

8 Q Okay. And then a single composite? You

9 had four charts up there.

10 A The single composite is not one that has

11 been employed for the legacy projects, no.

12 Q Okay.

13 A I said that there was another liner that

14 was not shown on the chart that is one that's been

15 associated with legacy issues.

16 Q So as a category of engineering methods

17 out there, we could look towards the legacy projects

18 and get those; is that correct?

19 A I don't think I understand your question.

20 Q Your testimony is that the legacy

21 projects, their liners are worth considering?

22 Whether or not they're worth adopting, that's another

23 question?

24 A No. I'm saying for the legacy projects

25 they're inferior and that we have advanced to the



1539

1 point where our current liner system technology is

2 very good. And the publications out there show that

3 the liner systems demonstrate that the performance

4 not only meets the requirements but exceeds the

5 requirements that have been set forth and the

6 expectations that have been set forth.

7 Q And Energy Fuels has liner technologies in

8 place at the White Mesa mill. Are you familiar with

9 that?

10 A Yes. I am familiar with the White Mesa

11 mill.

12 Q And those provide examples of other

13 alternative means that could be used for liner

14 systems?

15 A I'm most familiar with Tailings Cell 4A at

16 the White Mesa mill, which was the one that they most

17 recently relined back in the late 2000s, mid 2000s.

18 And that liner system for Tailings Cell 4A was

19 imposed to the same prescriptive regulatory

20 requirements set forth for the Pinon Ridge project.

21 And that liner system also consists of a double

22 geomembrane with an intervening leak collection layer

23 underlined by GCL. So it's similar to what we've

24 designed for the Pinon Ridge project. However, we've

25 incorporated the additional measures of the



1540

1 conductive geomembrane and the light-reflective,

2 white coating to the upper surface.

3 Q So it's better than the White Mesa

4 Tailings Cell 4A?

5 A It's very similar with improvements,

6 correct.

7 Q Is it the best option out there? Could

8 there be improvements further?

9 A Based on the regulatory requirements for

10 this project, we believe that it more than meets the

11 requirements.

12 MR. STILLS: Could you read my question

13 back.


15 A The double composite liner system is

16 really the best option with regard to what is the

17 standard in the uranium and general mining industry.

18 MR. STILLS: Would you mind doing that

19 again for us.

20 HEARING OFFICER: Ask your question again.

21 Q (By Mr. Stills) Is the improvements --

22 are there improvements over the Energy Fuels' liner

23 that you designed that could actually make it even

24 better?

25 A Yes. There are additional things that can



1541

1 be done. However, we have more than met the

2 requirements, and we've already provided improvements

3 over the prescriptive requirements.

4 Q So although you've got the inappropriate

5 legacy, the minimum requirements, and the

6 improvements, we also have some things that could be

7 done even better if we had a look at them? Whether

8 or not they're adopted is another question; is that

9 correct?

10 A Well, I believe where you are going with

11 this is, you know --

12 HEARING OFFICER: No. Just answer the

13 question. This is not an argument between the two of

14 you.

15 A Okay. I guess I'll just say yes, I think.

16 Q (By Mr. Stills) And are you familiar with

17 the quality assurance, quality control plan that's in

18 place at the mill, for the Energy Fuels mill?

19 A Very much so. I wrote it.

20 Q How does it compare to the White Mesa?

21 MR. SPAANSTRA: Your Honor, by talking

22 about White Mesa, he's going beyond the scope of

23 direct.

24 HEARING OFFICER: Overruled.

25 MR. STILLS: I'm sorry. Could you read



1542

1 that back for me.


3 A I know certain aspects about the White

4 Mesa project. However, I was not involved in the

5 design of the White Mesa project, nor do I know every

6 detail of the White Mesa project. So I cannot answer

7 that question. I do not know.

8 Q (By Mr. Stills) So you don't know if the

9 quality -- how the quality control plan stacks up

10 against that one? If you don't know, you don't know.

11 A I don't know. However, I do know that we

12 went to a very high level with regard to that for the

13 Pinon Ridge project, requiring a significant amount

14 of control and assurance in the design.

15 And to state a little bit further, I do

16 not believe that the White Mesa mill required a

17 conductive geomembrane liner with a leak detection

18 survey. And because we do have the conductive

19 geomembrane liner and a leak detection survey as a

20 requirement as part of the QA plan for Pinon Ridge,

21 we've exceeded that at White Mesa mill.

22 Q But my question is, as far as the quality

23 assurance, quality control plan, you don't know what

24 it is at the White Mesa mill, correct?

25 A Correct.



1543

1 Q So you can't testify as to whether this

2 one is better or worse or the best in the industry;

3 is that correct?

4 A I can say that I cannot comment as to if

5 it is better or worse than White Mesa.

6 Q Okay. And White Mesa is the only other

7 operating uranium mill in the United States; is that

8 correct?

9 A Yes.

10 Q So that would be an example to compare

11 against; would that be correct?

12 A Certainly. And I have reviewed in the

13 past -- it's been several years now -- a number of

14 documents from the White Mesa mill that were

15 available by public record. However, it's been a

16 number of years, and my recollection fails me.

17 Q So you're aware that there are groundwater

18 contamination problems at the White Mesa mill?

19 A That's outside of my area and specialty,

20 and I cannot comment.

21 Q You just testified that you reviewed those

22 documents. Do you know?

23 A What I indicated is that the documents

24 that I reviewed had to do with the design

25 specifically, just the design of Tailings Cell 4A;



1544

1 nothing prior to the design, only the design itself.

2 Q So you have nothing to offer as far as the

3 function or failure of success or anything else about

4 the White Mesa design?

5 A I do not.

6 Q And you testified about the single

7 composite liner standard of care for the cyanide heap

8 leach and them lasting -- what was it? The clay

9 portion lasts 600 years? Could you clarify that for

10 me? What portion of the liner lasts for 600 years?

11 A Okay. The Rowe 2005 document indicated

12 that the secondary geomembrane, which is the lower

13 geomembrane in the double composite liner system, has

14 been proven to last more than 600 years.

15 Q But the other components of the liner

16 system wear out after a matter of decades; is that

17 correct?

18 A No, that's not correct. And the research

19 is not there to fully understand the long-term

20 performance of the geomembrane. However, based on

21 the research that has been conducted, which includes

22 accelerated aging of these geomembrane liners,

23 they've shown that the HDPE geomembrane basically

24 outlasts the tests that have been done. So it's

25 impossible to tell how long they really do last at



1545

1 this point.

2 Q There's no information that you have that

3 would say that these liner systems would last a

4 thousand years; is that correct?

5 A No, that's not correct. And in fact, I

6 did a lot of research looking at the resistance of

7 the HDPE geomembrane, and I read a lot of articles on

8 the longevity of the HDPE geomembrane and accelerated

9 aging. And what I found is there's nothing there

10 that shows how long it does last. But based on the

11 research that has been performed, it's been shown to

12 last more than a thousand years, generally speaking.

13 It was just the Rowe article where he had stated more

14 than 600 years. However, documents by Kerner and

15 Kerner and others at the Geosynthetics Research

16 Institute show longer life for the HDPE geomembranes.

17 Q And as far as all liners leak, you agree

18 that horizontal monitoring is one way to deal with

19 all liners leaking?

20 A I believe that there are a number of

21 different kinds of monitoring systems out there that

22 will provide an indication of the performance of

23 liner systems.

24 Q More than half a dozen, would you say?

25 A Yes.



1546

1 Q It's a wide range of alternatives we could

2 look at; is that correct?

3 A There are a number of alternatives for

4 monitoring.

5 Q The engineering methods are varying across

6 those alternatives?

7 A Well, it really depends upon the things

8 that you're looking for as to what monitoring is

9 appropriate for a given application.

10 Q So you'd have to have good site-specific

11 data concerning the materials that you'd be handling;

12 is that correct?

13 A Generally speaking, yes. You would --

14 it's based on the characterization of the site.

15 Q And the characterization of the materials

16 that would be going into the facility, as well, into

17 the tailings cell?

18 A Not necessarily because really what you're

19 looking for is pore water coming out of the liner

20 systems, so no.

21 Q It doesn't matter what you're putting into

22 the tailings cells?

23 A Not as far as monitoring is -- okay. Not

24 as far as geotechnical monitoring is concerned.

25 However, I cannot speak to the geochemical aspects of



1547

1 monitoring, as I'm not a geochemist, if there's

2 monitoring systems out there that I'm unaware of.

3 Q So you can't testify to what would be the

4 difference between a pH of 1.5 and a pH of 4.5 as it

5 applies to the raffinate and tailings cells; is that

6 correct?

7 A I don't really understand your question.

8 Could you just ask the question again? I don't

9 understand what you're saying.

10 Q You really don't understand the -- you

11 can't really testify about the different materials

12 and their effect on the performance of these tailings

13 cells if they had a pH of 1.5 versus a pH of 4.5; is

14 that correct? You just deal with the design of the

15 thing?

16 A What I can say is that I know how the pH

17 of the solution going in affects the geomembrane

18 liner system and the competency of it and the GCL

19 material. What I was stating had to do with

20 monitoring any contaminant other than seepage out of

21 a liner system.

22 Q So you wouldn't know how to go about

23 monitoring for any particular contaminant? That's

24 what you just said?

25 A Unless you can collect a water sample and



1548

1 send it off for analytical testing.

2 Q Okay. And that's not within your

3 expertise?

4 A It's not within my expertise.

5 Q Okay. Thanks.

6 And as far as the liner compatibility

7 testing, your tests were based on what comes out of

8 the vanadium circuit?

9 A We actually looked at synthetic leachates

10 for the compatibility testing for the GCL that looked

11 at the chemistry of both the tailings leachate as

12 well as the raffinate going into the evaporation

13 pond. So we looked at both waste streams.

14 Q Out of what point of the facility?

15 A We looked at what comes out of the pipe

16 into the TSF and what comes out of the pipe into the

17 evaporation pond cells.

18 Q Out of the vanadium circuit?

19 A What comes out of the pipe as the waste

20 stream into those two facilities.

21 Q So as far as you know, whatever is inside

22 of the facility is a black box; is that correct?

23 A I'm not a mill designer, nor can I comment

24 to the components of the mill design.

25 Q So if I were to tell you that the waste



1549

1 stream coming out of the uranium circuit does not go

2 through the vanadium circuit, you have no idea about

3 that; is that correct?

4 A I cannot comment to that.

5 Q So you don't know?

6 A I just know that there are two waste

7 streams, one going to the TSF and one going to the

8 evaporation ponds. We obtained from the mill

9 designers the chemistry of those, including pH and

10 chemical constituents. And that was what was used to

11 develop the synthetic leachates for the compatibility

12 testing of the GCL material. That is what I can

13 state.

14 Q Based on only one type of waste stream

15 coming out of the mill; is that correct?

16 A I cannot --

17 Q I'm sorry. The two types of waste streams

18 you just said?

19 A There's two types of waste streams coming

20 out of the pipe into those facilities.

21 Q But you didn't look at the processing of

22 materials that didn't go through the vanadium

23 circuit?

24 A I cannot comment to that.

25 Q You talked about perched groundwater at



1550

1 the site?

2 A I did not specifically speak about that.

3 We do have an expert hydrogeologist, Roman, who is

4 available to talk about the hydrogeologic regime of

5 the site.

6 Q Wasn't part of your testimony involving

7 the alluvium at the site?

8 A In my rebuttal document that was issued on

9 November 2nd, I did take a look at the monitoring

10 well MW-2 that was identified by Stratus consultants.

11 Roman can comment more on this. However, I can say

12 with clarity that two of the first three monitoring

13 periods detected a very small amount of water at the

14 bottom of those two holes. However, since that

15 monitoring period, no additional water has been

16 detected in that location --

17 Q But you're not --

18 A -- at MW-2.

19 Q Did you finish? All right.

20 A But I would like to further comment that

21 that does not characterize it as perched water. It

22 is a transient condition that shows that there may

23 be, on occasion, a little bit of water at that

24 location.

25 Q And by "transient" you mean that there's



1551

1 movement within the alluvium of various fluids; is

2 that correct?

3 A Potentially. But --

4 Q It could move --

5 A -- it's likely affected by a meteoric

6 climatic event. So if there was a large rainstorm,

7 you might see some water. But it's a very small

8 amount.

9 Q So rain comes in, moves through the

10 alluvium. It can move contaminants? It's something

11 to be concerned about?

12 A I'd like to again state that this is

13 outside of my area of expertise, and Roman will be

14 available to offer any testimony in regards to that

15 question.

16 Q But if it's a possibility, it's something

17 that should be monitored for, to see whether or not

18 the tails are leaking; is that correct?

19 MR. SPAANSTRA: Your Honor, she's already

20 testified that she's not an expert hydrogeologist.

21 We're going to have one here in five minutes.

22 HEARING OFFICER: But she testified about

23 this subject matter so I'll allow cross-examination.

24 A Okay. To answer your question, we have

25 indicated that we will have realtime monitoring of



1552

1 phreatic conditions in the shallow alluvial

2 monitoring wells as part of the license condition.

3 We understand that will detect any phreatic

4 conditions if they were to occur in this vadose zone.

5 Q But we don't have that now? We just have

6 a suggestion that they might do that someday if

7 that's what the CDPHE puts in the license? We don't

8 have that to analyze as part of this hearing; is that

9 correct?

10 A The data is not available to analyze as

11 part of the hearing, but the recommendation has been

12 put forth for addition of that monitoring equipment.

13 Q In your report there were several areas of

14 agreement where you thought Dr. Maest and Ms. Travers

15 did a good job and you agreed with their work; is

16 that correct?

17 A I will not go on to say that I agreed with

18 their work, no. I will state that there were a

19 couple of points in their letter that I did agree

20 with.

21 Q Do you recall when you began looking at

22 alternate liner designs for the Energy Fuels project?

23 A From day one.

24 Q Do you recall when day one was?

25 A After Golder Associates had us on contract



1553

1 with Energy Fuels and we started looking into the

2 regulatory requirements.

3 Q Would you --

4 A 2007.

5 Q So November 1, 2007. Do you recall

6 meeting with Energy Fuels about this?

7 A We had a number of meetings with Energy

8 Fuels over the course of the project. However, it

9 has been five years ago so I cannot remember exact

10 details of any meetings.

11 Q And do you recall discussions with CDPHE

12 in those meetings?

13 A We did have a number of meetings with

14 CDPHE over the course of the design. But again, it

15 was a long time ago, and I do not recall exact

16 details.

17 Q Do you recall discussing any wiggle room

18 in federal requirements?

19 A No. And in fact, we went the other way by

20 going above and beyond the federally mandated

21 prescriptive requirements for the liner system. As

22 we've indicated a number of times, our liner system

23 is designed to perform better than the prescriptive

24 regulatory liner system.

25 Q And as part of those meetings, did you



1554

1 meet with CH2M Hill?

2 A We had meetings with CH2M Hill through the

3 course of the project, yes.

4 Q And as part of those meetings, were they

5 talking about paste tailings?

6 A I do not recall any reference to paste

7 tailings.

8 Q Do you recall any reference to dry stack

9 tailings?

10 A If you might recall the testimony provided

11 by Mr. Filas this morning, he clearly indicated that

12 there are huge issues associated with the use of

13 paste tailings and dry stack tailings, particularly

14 as it relates to use for a uranium tailings storage

15 facility. With dry stack tailings, you are drying

16 your tailings to the point of a soil. You're drying

17 it basically to the optimum moisture content like you

18 would place soil for an embankment. But by doing so,

19 your material is dry to the point where radiation --

20 the radon off of the uranium tailings storage

21 facility would be very large.

22 As such, we went with a conventional

23 tailings storage facility design because it

24 necessitated keeping the tailings saturated and

25 mostly under a water cover so that the emissions were



1555

1 acceptable. So paste and filtered tailings are

2 100 percent unacceptable for use on a uranium

3 tailings storage facility here in the United States,

4 given the regulatory requirements with regard to

5 emissions.

6 Q Do you have any expertise in designing

7 radon caps?

8 A I do not have specific expertise in

9 designing radon caps. However, I have overseen

10 analyses with regard to looking at the radon emitted

11 and how it is limited by the saturation level and the

12 water cover over tailings.

13 Q So you have no expertise here today on

14 radon emissions control technology?

15 A I'm not an expert in that area. However,

16 I do know saturation and water cover contribute to

17 alleviating that concern, which is why conventional

18 tailings was the selected option for this project.

19 MR. STILLS: To the extent that she's

20 attempted to testify as an expert on radon emissions,

21 I would ask to strike that or give it no credit.

22 HEARING OFFICER: You won't find that one

23 in the book anywhere, I don't think.

24 MR. STILLS: Is there an objection to a

25 compound objection?



1556

1 DR. GROSSMAN: I don't know what it is.

2 MR. SPAANSTRA: I'm just letting you go on

3 here, Travis.

4 MR. STILLS: Yes, I see that.

5 Q (By Mr. Stills) If I were to tell you

6 that there is a technology called continuous cover

7 that can be used in combination with dry stack

8 tailings that would deal with the radon emissions,

9 would that make a liner system --

10 MR. SPAANSTRA: Didn't he just ask to

11 strike her testimony on radon emissions?

12 HEARING OFFICER: It didn't get stricken.

13 MR. SPAANSTRA: Okay.

14 Q (By Mr. Stills) If I were to ask you to

15 assume that there's a technology called continuous

16 cover that was used to deal with the radon emissions,

17 would dry stack tailings be an option here?

18 A I am unfamiliar with that particular

19 technology and unable to comment on it.

20 Q But as an assumption or hypothetical, if

21 we could take away the problem of radon emissions

22 with a continuous cover technology -- that's a

23 hypothetical. You don't need to answer about that --

24 would that make -- that would make paste or dry stack

25 tailings an excellent, attractive option given the



1557

1 lack of water at the site, wouldn't it? You wouldn't

2 have to worry about liquids? You wouldn't have to

3 worry about dewatering at the end of the lifetime of

4 the tailings cells?

5 MR. SPAANSTRA: Asked and answered.


7 Q (By Mr. Stills) Are you still working

8 with CH2M Hill on this design?

9 A No.

10 Q They've been taken off the project?

11 A To my understanding, that's correct.

12 Q So as you're going forward with this work,

13 you're not in contact with anybody at CH2M Hill

14 concerning their basic engineering report; is that

15 correct?

16 A I am not. However, I really did not have

17 a lot of interaction with them with regard to their

18 basic engineering design anyway.

19 Q Have you ever seen the basic engineering

20 design report?

21 A I believe it's available on the CDPHE Web

22 site, in which case I've had access to it.

23 Q So your testimony is based on whatever you

24 have been able to find on the CDPHE Web site; is that

25 correct?



1558

1 A My testimony is really based on those

2 documents for which I personally prepared or oversaw

3 the preparation thereof.

4 Q Are you familiar with the Crescent

5 Junction tailings impoundment?

6 A Yes, I am familiar with the Crescent

7 Junction tailings.

8 Q Are they stacking the tailings dry there?

9 A Well, in the case of the Crescent Junction

10 tailings -- and I was involved in this project back a

11 number of years ago and the characterizing of the

12 uranium tailings at the Moab tailings impoundment --

13 there are a couple of very important points that I'd

14 like to say there. First --

15 Q I didn't ask for your testimony on the

16 whole thing. I'm sorry to interrupt you, but I would

17 like an answer to my direct question.

18 A Certainly.

19 Q Are they stacking the tailings in there

20 dry, or are they slurrying them?

21 A Well, the tailings were placed many, many

22 years ago in Moab and were already consolidated, to a

23 large part, which meant that they were relatively

24 dry. So my understanding is no, they were not

25 rewetting the tailings and piping them to Crescent



1559

1 Junction. They were scooping out the tailings and

2 hauling them in trucks. So it's a very different

3 beast.

4 Q They're actually drying them out before

5 they put them in trucks to ship them out; isn't that

6 correct?

7 A I actually do not know. I haven't been

8 involved in the project in a number of years. I know

9 that the internal tailings were still pretty sloppy

10 even though they'd been there a long time. So it

11 doesn't surprise me that they needed to dry them out

12 some.

13 Q And that provides an alternative to look

14 at for how one might handle tailings; isn't that

15 correct?

16 A I would say no, because we're talking

17 about an operating mill versus a tailings impoundment

18 that was placed many, many years ago and left to sit,

19 and now people have decided that they want to move

20 the tailings pile. So it's two very different

21 situations.

22 Q But the technology being used would be

23 something to look at?

24 A I won't say that, no, because you're

25 looking at moving old tailings that have been sitting



1560

1 in a pile for many, many years. The technology that

2 they are using is purely for material handling so

3 that they can transport it to Crescent Junction,

4 period.

5 Q So Crescent Junction, in your testimony,

6 is irrelevant to what's happening at the White Mesa

7 mill -- I'm sorry -- with the Energy Fuels Pinon

8 Ridge proposal?

9 A I would say that it's a very different

10 situation. However, I do also know some about the

11 liner system design, which is much less -- or much

12 different than here where there is no geomembrane.

13 They're just placing it directly on the shale.

14 Q And that's because it's stacked dry; is

15 that correct?

16 A It's because the shale has low

17 permeability by itself.

18 Q So it's a better site as far as being able

19 to contain the tailings? You don't have to have as

20 much engineering as you do at the site chosen by

21 Energy Fuels?

22 A I won't say that. I'll just say that that

23 particular site was very conducive due to the thick

24 layer of shale present.

25 Q And that's something to look for when



1561

1 you're choosing a site, is a good, thick layer of

2 shale right underneath?

3 A I would say that that's a near impossible

4 thing to find. The Crescent Junction site is a very

5 interesting site, but you're not going to find a

6 thick layer of shale anywhere that you wish to put a

7 mill.

8 Q But if you found a good, thick layer of

9 shale, that might be a good place to look for as an

10 alternative site for the mill, correct?

11 A You could argue that by putting this

12 particular mill on the salt, that is a very low

13 permeability layer very similar to the shale. So it

14 doesn't need to be shale.

15 Q My question, again -- and listen

16 carefully, please -- is if you were to find a shale

17 site like Crescent Junction or perhaps Crescent

18 Junction itself, that would be an attractive

19 alternative site, would it not?

20 A It would be an attractive site, but there

21 are features of the Pinon Ridge site that also make

22 it equally attractive.

23 Q And if one were to compare the two, you

24 might have a way to choose between them as far as

25 which is better concerning impacts; is that correct?



1562

1 A Potentially.

2 MR. STILLS: Nothing further, Your Honor.

3 I'm sorry. I have one more question, one

4 more set of questions.

5 Q (By Mr. Stills) You testified that you

6 were working on the NESHAPs?

7 A I had some involvement on the NESHAPs,

8 that's correct.

9 Q Are you currently working on the NESHAPs

10 permit?

11 A No, I'm not.

12 Q And that is, for the record, the

13 National -- could you go ahead with the acronym

14 because I don't have it in front of me.

15 A National Emissions Standards --

16 Q For Hazardous Air Pollutants. You got it.

17 Or between us, we got it.

18 A Yes.

19 Q And that standard is Subpart W; is that

20 correct?

21 A That sounds correct. I can't state with

22 certainty. I believe that's the case.

23 Q And are you familiar with the state of

24 those regulations under Subpart W?

25 A No, I'm not.



1563

1 MR. SPAANSTRA: Your Honor, what's the

2 relevance of that permitting process to this

3 proceeding?

4 HEARING OFFICER: I don't know.

5 But go ahead and finish your questions.

6 MR. STILLS: She testified to it so I

7 assumed that it was somewhat relevant.

8 MR. SPAANSTRA: She testified that it was

9 part of her qualifications, that she'd worked on it.

10 But she had no testimony about NESHAPs. It's not an

11 issue. It's a federal process that is totally

12 irrelevant to this proceeding.

13 HEARING OFFICER: I'm sorry. I'm not

14 familiar enough with it to say it's relevant or isn't

15 relevant.

16 Go ahead and ask your question.

17 Q (By Mr. Stills) So when you did your work

18 under NESHAPs on this, were you aware that that

19 regulation was considered outdated?

20 A No, I wasn't aware. I merely provided

21 some response to comments by the EPA on the tailings

22 cell design.

23 Q And that tailings cell design is ongoing;

24 is that correct?

25 A After the mill license is issued, the



1564

1 tailings cell final detail design will be completed.

2 However, it will not look much different than what

3 you've seen in the permit documents.

4 Q But the EPA permitting system under the

5 Clean Air Act, the NESHAP Subpart W, considers the

6 interplay between the radon cap and groundwater so

7 they haven't figured out yet what the groundwater

8 protection component of that permit would be, that

9 approval would be; is that correct?

10 A I do not know and cannot state.

11 Q So if I were to say that -- I'm done.

12 Thank you. I appreciate it.

13 HEARING OFFICER: Do you have a question?

14 DR. GROSSMAN: Yes. Could you put up that

15 slide, the first slide?

16 MR. GOAD: You should have it in an

17 E-mail.

18 DR. GROSSMAN: Well, maybe to -- okay.

19 Got it. Okay.

20 MR. SPAANSTRA: Shall I turn this off?

21 DR. GROSSMAN: For the reporter, you can

22 turn it off.


24 BY DR. GROSSMAN:

25 Q I'm just curious about the technical side



1565

1 of this as far as the units and what they refer to

2 just for my own edification. I'm learning something

3 today. Is q some kind of flow rate that's given in

4 meter cubes per second so that's similar to cfs? Is

5 that what we're looking at?

6 A Yes.

7 Q So the letter q -- the small q, or we use

8 a capital Q in hydrology -- but it's the flow rate.

9 And the flow rate depends upon the viscosity of the

10 fluid; is that correct? Does that work into that

11 flow rate calculation?

12 A Basically, but it assumes water.

13 Q Water. The viscosity of water?

14 A Uh-huh.

15 Q Is it temperature dependent?

16 A No.

17 Q In your note -- it says, "Note: Compares

18 liners with 3 feet of clay." And that unit is in

19 centimeters per second, not centimeters q per second.

20 Is that a mistake?

21 A No, it's not a mistake. What that means

22 is that's the permeability, which is k. So the

23 actual equation --

24 Q Go ahead.

25 A It's a little bit different here because



1566

1 there's a lot of parameters involved so it's a Giroud

2 equation. However --

3 HEARING OFFICER: It's a what equation?

4 THE WITNESS: Giroud. It's G-i-r-o-u-d.

5 A In hydrogeology you look at q equals KiA

6 where q is your flow rate. K is your permeability.

7 Q (By Dr. Grossman) Uh-huh.

8 A The 10 to the minus 7 centimeters per

9 second is k, not q.

10 Q We can talk about the details of this

11 later.

12 A I can give you a paper on it.

13 Q Okay. How do you repair these linings if

14 a leak is detected? You have these leak detection

15 systems. What if a leak's detected? What happens

16 after that?

17 A You put patches on, and then you test the

18 patch doing vacuum testing to make sure that the

19 patch is appropriate.

20 Q But the way I understand it, you've got

21 all these tailings over this lining, right?

22 A The --

23 Q So you've got to dig them out?

24 A But your question -- the testing is done

25 at completion of installation of the liner system as



1567

1 part of the quality assurance plan that it's been

2 installed properly.

3 Q Okay. But if you find -- let's say the

4 thing lasts 40 years, and there is some kind of

5 corruption or something happens, and you get a leak.

6 It seems to me that if this thing is at the bottom of

7 the tailings pile, somehow they're going to have to

8 get to it to repair it. Am I right or wrong on that?

9 A Yeah.

10 Q I'm right?

11 A Basically.

12 Q Okay.

13 A If there's a leak detected, then that

14 would be noted by flow rates that are high in the

15 leak collection and recovery system layer.

16 Q Okay. Is there a way to specify exactly

17 where this leak occurs in this 80 acres or whatever

18 acres you're going to end up with? Is it -- I mean,

19 you don't want to have to take up the whole doggone

20 thing to look around for a leak. You know, there

21 must be some way to say exactly where it is. Is that

22 what your membrane does?

23 A No. There's no way to tell exactly where

24 it's located. You have to do an investigation to

25 find where the flaw is. However, the action leakage



1568

1 rate is what would determine failure of the primary

2 liner system. And the action leakage rate is the

3 flow capacity of the leak collection and recovery

4 system layer. So if you are getting that sort of

5 flow rate, then that tells you that there is a

6 problem, and you do need to take care of it.

7 Q So do you know how long from your

8 experience and things that you've looked at if one of

9 these things goes wrong and they do have to, you

10 know, take the whole thing off and go around looking

11 for a leak and then patch it, test it, like you say,

12 and then put everything back, how long does that

13 take? Two weeks? A month?

14 A I can't comment. It's purely a function

15 of how much material is in the cell.

16 Q Okay. Last but not least, the evaporation

17 ponds that are -- not -- well, evaporation ponds,

18 too. But also, it was interesting. You mentioned

19 this white material. But I understand now the white

20 material is underneath to begin with, and you're just

21 putting it on there to detect if there's flaws in the

22 installation when you see the black on it?

23 A There are --

24 Q This is before -- excuse me. This is

25 before you put in the tailings; isn't that correct?



1569

1 A There are a number of types of

2 geomembranes on the market. One of those

3 geomembranes has the light-reflective, white coating

4 co-extruded with the black so the liner comes that

5 way. It already has the white coating on it. We're

6 not adding anything.

7 Q Okay. But that coating is so that you can

8 find flaws during installation?

9 A It has a number of benefits, and one of

10 them is enhancing the ability for visual detection of

11 defects during installation and even beyond, after

12 installation. The white coating -- for areas that

13 are not covered with tailings, you'll still see the

14 white coating. And if you see black through it, then

15 that identifies a defect that you need to repair.

16 Q These tailings are covered with water, the

17 way I understand it. And that water probably seeps

18 through the tailings. You just keep putting it on

19 and keep putting it on, and it seeps through, and

20 then it goes out to whatever collection. This

21 relates to the water needs, especially in a drought.

22 But as this water is cycling through, do you have any

23 information on the increased evaporation of this

24 water due to the fact that these tailings -- the

25 color of these tailings, that if these tailings are



1570

1 dark, the water temperature will rise, and

2 evaporation will increase as a result of that water

3 temperature rise?

4 A I have a couple of comments on that. One,

5 I think that it's been noted somewhere, at least,

6 that bird balls will be placed on the tailings cells

7 so that birds don't go swimming in the tailings cell

8 water. And I've also noted that bird balls

9 dramatically decrease the amount of evaporation off

10 of those cells. So by having the bird balls, you're

11 not getting much evaporation off the top, and you're

12 protecting the tailings cells from water fowl.

13 Also, the underdrain system that I

14 discussed, which is placed above the upper

15 geomembrane, it will be pulling water off to decrease

16 the driving head on the liner. But at the same time,

17 it's going to be recycled and placed on top of the

18 tailings cells.

19 Q Okay.

20 A So I don't think that's an issue.

21 DR. GROSSMAN: That's all I have. Thank

22 you.


24 any questions?

25 MR. SANDLER: Just briefly.



1571

1 MR. SPAANSTRA: I'm sorry. Hold on. I

2 turned it down because of the background noise so I'm

3 going to turn it back up.

4 CROSS-EXAMINATION

5 BY MR. SANDLER:

6 Q You were just talking about the bird

7 balls, correct?

8 A Yes.

9 Q And they don't do anything to cover the

10 beach sands that surround the tailings ponds, do

11 they?

12 A No. They'll be placed on the water

13 surface.

14 Q Okay. And as far as you know, there's

15 nothing to cover those beach sands?

16 A I can't comment on how much beach sands

17 would actually be exposed, but generally --

18 Q Okay. Now, as far as the bird balls go,

19 they don't cover all the water, correct, or the

20 liquid?

21 A The purpose of bird balls is to try to

22 cover as much of the water surface as possible. And

23 you should add more bird balls to try to cover the

24 entire water surface.

25 Q So is it fair to say the amount of bird



1572

1 balls would have to be adjusted on a pretty regular

2 basis?

3 A That may be the case.

4 Q And do you have any idea if that's a part

5 of the plan here?

6 A I can't comment on that.

7 Q Okay. And as you said, the idea of the

8 bird balls is to cover as much water as possible.

9 But is it fair to say that it doesn't cover all the

10 liquid in these tailings ponds?

11 A I can't comment on that either because the

12 goal with bird balls is to cover the entire water

13 surface so you should be adding more bird balls to

14 accomplish that.

15 Q Okay. But it's not a complete cover of

16 the liquid?

17 A It should be a complete cover of the

18 liquid.

19 Q So you're saying that there won't be space

20 in between the balls where liquid is visible or along

21 the edges?

22 A I can't comment on that. I just can

23 comment that as far as the design of bird ball

24 systems is concerned, it's generally accepted that

25 you would put enough bird balls in such that you're



1573

1 limiting, to the extent practical, any exposed water

2 surface.

3 Q Okay. Thank you.

4 Now, just quickly about the liners. You

5 spoke about them being tested to a period of about a

6 thousand years. Did I hear that correctly?

7 A I indicated that there is research out

8 there where they've done accelerated aging, and

9 they've demonstrated a longevity at least as long as

10 a thousand years.

11 Q Okay. How about 500,000 years?

12 A I don't know that the testing is available

13 to demonstrate that.

14 Q Okay. Is there any thought behind the

15 technology that would ensure that you gain protection

16 for up to 500,000 years?

17 A I think that it's irrelevant. Because as

18 part of the closure of the tailings cells, the

19 tailings will be dewatered. And any seepage through

20 a liner system has to have water in it and has to

21 have driving head. So as part of closure of the

22 tailings cells, there will not be water in the

23 tailings cells so seepage through a liner system

24 500,000 years from now is irrelevant because there's

25 no water.



1574

1 Q But would you agree that there's a

2 potential that water could leak in from the top after

3 thousands of years?

4 A As part of the closure cover design, the

5 amount of infiltration into the cap will be limited

6 significantly to where very little to negligible

7 water would actually flow in.

8 Q Okay. But there's a potential for some to

9 flow in in the distant future?

10 A Not really. I mean, the thing is, it

11 wouldn't have any impact because it would be

12 extremely negligible amounts, particularly given that

13 the closure cover design was revised during the

14 licensing process to incorporate a geosynthetic clay

15 liner which significantly reduces the amount of

16 seepage involved. And with that said, there would be

17 very little, if any. And I haven't seen the numbers

18 as far as how much infiltration might actually go

19 into the tailings cells. But again, the tailings

20 will be dewatered in order to construct the closure

21 cover so there will not be any water in the tailings

22 cells. So it's very -- it's insignificant.

23 Q Okay. But you didn't do that research

24 into the distant future?

25 A I don't know that I really understand your



1575

1 question. But the closure cover design was done, and

2 modeling was done that shows that in the future the

3 amount of infiltration into the closure cover is

4 negligible.

5 Q And when you say "future," you're talking

6 about a thousand years?

7 A I believe that the design looked at a

8 thousand years, but I cannot comment with certainty.

9 Q Okay. But it's fair to say that the

10 effects in 20,000 years were never analyzed? There

11 could be an effect?

12 A I don't think so.

13 Q You didn't analyze that?

14 A I did not analyze that.

15 MR. SANDLER: Okay. Thank you. Nothing

16 further.

17 HEARING OFFICER: How big is a bird ball?

18 DR. GROSSMAN: Can I ask a question?

19 HEARING OFFICER: Well, I just asked one.

20 THE WITNESS: They look very similar to

21 the little balls that the kids play in at McDonald's.

22 HEARING OFFICER: So 3 or 4 inches in

23 diameter?

24 THE WITNESS: 3 or 4 inches in diameter.

25 DR. GROSSMAN: Can I ask a question?



1576

1 HEARING OFFICER: Yes.


3 BY DR. GROSSMAN

4 Q Do you think these bird balls would

5 survive -- you've heard me describe a windstorm,

6 60-mile-an-hour winds at 10 meters, so let's just say

7 for argument's sake 40 near the surface. Would they

8 survive a windstorm, or would they just get all blown

9 around down there to my front yard?

10 A I can't comment on that. That's outside

11 of my area of expertise. However, generally

12 speaking, during operations the water surface and the

13 tailings surface will be much lower than the level of

14 the berms outside. So the ability of the wind to

15 actually pick up and launch the balls out of the

16 tailings cell will be pretty limited, I would say.

17 Q Or they could create eddies that would do

18 just the opposite? They'd loft them up?

19 So this is an area for research, in my

20 opinion, if it hasn't already been --

21 HEARING OFFICER: Dr. Grossman, questions.

22 Q (By Dr. Grossman) Do you think that this

23 should be an area of research?

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

25 research.



1577

1 HEARING OFFICER: I realize it's late in

2 the day already. I'm sorry. Okay. Does anybody

3 have any more questions for this witness?

4 MR. STILLS: I do have one.


6 BY MR. STILLS:

7 Q It's your testimony that you weren't

8 involved with the closure cover for radon at this

9 site; is that correct?

10 A I was involved with the initial closure

11 cover design. However, I was not involved with the

12 redesign that incorporated the GCL.

13 Q So you can't testify to the current cover

14 closure design; is that correct?



17 HEARING OFFICER: Anybody else? Can the

18 witness be released?

19 Hearing no objection, thank you for

20 testifying.

21 Let's taken 10 minutes.


23 HEARING OFFICER: Who are you calling

24 next?

25 MS. LUCAS: Roman Popielak.



1578

1 HEARING OFFICER: If you would, raise your

2 right hand.

3 (Roman Popielak sworn by the Hearing

4 Officer.)


6 THE WITNESS: Roman Popielak.

7 HEARING OFFICER: Spell it, if you would.

8 THE WITNESS: R-o-m-a-n P-o-p-i-e-l-a-k.

9 HEARING OFFICER: Your witness.

10 ROMAN POPIELAK,

11 being first duly sworn in the above cause, was

12 examined and testified as follows:


14 BY MS. LUCAS:

15 Q Hello, Mr. Popielak.

16 MR. STILLS: I'm sorry. I do need to

17 lodge or continue forward the objections that were

18 made more generally. Mr. Popielak is being called

19 today as a rebuttal expert. And I won't go through

20 the timing issues, but there has been no rebuttal

21 report provided by Mr. Popielak. We have no rebuttal

22 report to even review to prepare for this testimony.

23 MS. LUCAS: Mr. Popielak was disclosed as

24 a witness with our September 20th initial

25 disclosures. He has a resume, a CV, and his rebuttal



1579

1 also is in his reports that were --

2 MR. STILLS: No report, Your Honor, was

3 even disclosed at that time. If I may, all we

4 received was a list of documents in the application

5 and the disclosure of what he has. I would say that

6 his testimony is irrelevant. We have the documents

7 in. We're past direct. We have no rebuttal report.

8 MS. LUCAS: Mr. Popielak listened to

9 Ms. Travers' discussion of the vadose zone. And we

10 understand she has questions about that so we wanted

11 to call Mr. Popielak to give Sheep Mountain an

12 opportunity to ask those questions.

13 HEARING OFFICER: Are these in the record?

14 MR. STILLS: Yes.

15 MS. LUCAS: Yes. Those are part of the

16 application.

17 HEARING OFFICER: All right. Your

18 objection is there's no -- a portion of your

19 objection is there's no separate rebuttal report

20 endorsement? That's part of it?

21 MR. STILLS: Yes. Part of it is, there's

22 no -- yes, exactly.

23 HEARING OFFICER: All right. I'm going to

24 allow the witness to testify. We'll address your

25 objection further when you get to the end game of the



1580

1 arguments in this exercise.


3 HEARING OFFICER: And I will return these

4 unless you want me to -- I guess I've been keeping

5 them.

6 MR. STILLS: I would like those as

7 exhibits.

8 MS. LUCAS: They're in the record.

9 HEARING OFFICER: So let me clarify one

10 thing. I'm going to mark as Sheep Mountain Alliance

11 Exhibit 32 the Caroline Lee E-mail of 9-20-2012. I'm

12 going to mark as Sheep Mountain Alliance Exhibit 33

13 the Golder Associates report of September 19, 2012.

14 I'm going through the documents you gave me. And I'm

15 going to mark as Exhibit 34 this one-page summary of

16 sections of the application.

17 MR. STILLS: Those are documents that were

18 attached to the expert report or the expert

19 disclosures and were asserted as the opinions to

20 which he would testify on direct.

21 HEARING OFFICER: All right. But that's

22 how they're marked, so that we have a record.


24 (Sheep Mountain Exhibits 32-34 admitted.)

25 HEARING OFFICER: Go ahead.



1581

1 Q (By Ms. Lucas) Thank you for being here

2 today. I'm going to start by asking you a few

3 questions about your education and employment

4 background in order to qualify you as an expert. I

5 am going to do my best to pay attention to speaking

6 slowly and precisely for the court reporter, and I'd

7 ask you to please do the same.

8 Can you please describe your educational

9 background.

10 A I received master's degree in geological

11 engineering in 1964 from Academy of Mining and

12 Metallurgy in Krakow, Poland. My diploma has been

13 recognized in the United States as equivalent of

14 master's degree in engineering by accredited

15 university in this country.

16 Q Was it accepted by a particular

17 university?

18 A No. It was accepted by diploma evaluation

19 services in process of my professional licensing.

20 Q Okay. Can you please tell us some of your

21 mining and engineering employment history.

22 A For several years I work as the

23 hydrogeologist for copper mines in Western Poland,

24 working on recognition and prediction of water

25 hazards in the mine as well as hydrogeological



1582

1 characterization of the mined area. After

2 immigration to the United States in 1971, I worked

3 for a few years as assistant professor at University

4 of Idaho School of Mines. Afterwards, in 1978, I had

5 the position as consulting hydrogeologist and working

6 for several employers. I continue this line of

7 profession until today.

8 Q Okay. Thank you. And you mentioned some

9 work --

10 I'm turning this down for our hearing.

11 I'm not turning my volume down for them. Just let

12 the record reflect I'm not muting us on the phone.

13 You mentioned employment in the private

14 sector and in education. Do you have any experience

15 working in the public sector?

16 A In public sector, I conducted several

17 projects. My first involvement in private -- public

18 sector was working as principal hydrogeologist for

19 waste isolation pilot plan in New Mexico from year

20 1979 to 1983. The job entailed characterization of

21 pressurized brine pockets, brine occurrences, in

22 proximity to underground openings to assess their

23 potential impact or lack thereof and integrity of

24 mine excavations to host transuranic waste.

25 THE REPORTER: Excuse me.



1583

1 HEARING OFFICER: Spell it.

2 A Sorry. Another public --

3 Q (By Ms. Lucas) Could you spell the word

4 transuranic?

5 A T-r-a-n-s-u-r-a-n-i-c.

6 Another public sector job was design and

7 implementation of groundwater supply for Colorado

8 Division of -- Colorado Department of Natural

9 Resources, Division of Wildlife. The water supply

10 was for fish hatcheries in Buena Vista. And the

11 Division of Wildlife wanted to displace surface water

12 from being diverted to hatcheries with groundwater to

13 prevent whirling disease to the trout, the trout

14 fisheries.

15 Another public sector work -- and this is

16 ongoing -- is design of the underground openings for

17 DUSEL, Deep Underground Science and Engineering

18 Laboratory, in former Homestake mine in Lead, South

19 Dakota. The work is done under the auspices of

20 National Science Foundation as well as Department of

21 Energy, Fermi Laboratories in Chicago. The objective

22 of this work is to design the large excavations

23 5,000 feet below grade to host a variety of

24 astrophysical research outside the influence of

25 cosmic ray. And this work also entails handling the



1584

1 mine inflows and characterization of groundwater

2 regime at this depth and at this location.

3 MS. LUCAS: Okay. Thank you very much.

4 At this point I'd like to offer

5 Mr. Popielak as an expert in hydrogeology and water

6 resources.

7 HEARING OFFICER: Voir dire? Do you have

8 questions, Mr. Stills, on voir dire?

9 MR. STILLS: No, Your Honor.



12 questions on voir dire?

13 You really muted him.

14 MS. LUCAS: I didn't mean to.

15 Did you hear the question, Mr. Sandler?

16 MR. SANDLER: I did not.

17 HEARING OFFICER: Do you have voir dire

18 for the witness in terms of his expertise?

19 MR. SANDLER: I do not, no.

20 HEARING OFFICER: Dr. Grossman?

21 DR. GROSSMAN: I'd just like to know what

22 professional societies you're a member of.

23 THE WITNESS: International Groundwater

24 Association, Society of Mining Engineers, Colorado

25 Mining Association, and I am also a registered expert



1585

1 for the International Atomic Energy Agency in Vienna.

2 Q (By Ms. Lucas) Okay. Can you please

3 describe your interaction or your involvement with

4 the Energy Fuels Pinon Ridge mill license

5 application.

6 A Since 2007 I was involved in development

7 of this project, particularly being oriented on

8 hydrogeology characterization of the project area,

9 findings and definition and quantifications of

10 groundwater resources, definition of the boundaries

11 of the aquifer once the resources are found, and

12 determination of availability of groundwater for

13 future development of the project.

14 Q Last week we heard from Ms. Constance

15 Travers of Stratus Consulting about the vadose zone.

16 Were you listening to that testimony?

17 A Yes.

18 Q Okay. What did Energy Fuels do to

19 characterize the vadose zone at the Pinon Ridge mill

20 site, particularly under the proposed tailings cells

21 and evaporation ponds?

22 A Within the project area, there were

23 35 wells and monitoring wells, pumping wells and

24 monitoring wells, installed to characterize the

25 geological regime. In addition to those 35 bore



1586

1 holes installed specifically for hydrogeological

2 purposes, there was approximately -- I think 43

3 geotechnical bore holes, all of them penetrating

4 vadose zone. Therefore, significant amount of

5 information has been gathered in the vadose zone,

6 which we define as the soils and rocks between the

7 ground surface and occurrence of groundwater.

8 Q Okay. So the vadose zone is between the

9 occurrence of groundwater and --

10 A And surface.

11 Q And surface. Thank you.

12 Ms. Travers talked about water she called

13 perched water in the vadose zone. How often was

14 perched water found at the site during these

15 investigations?

16 A My knowledge, based on the situation from

17 about two years ago, three years ago since I was,

18 let's say, involved with this project, perched

19 groundwater or appearance of perched groundwater,

20 that's this way, was documented in two bore holes

21 located in the northern section of the project,

22 outside the northern boundary of the underlaying

23 productive or significant aquifer.

24 Q Ms. Travers discussed perched water found

25 in other monitoring wells. What about that?



1587

1 A There were several monitoring wells that

2 were drilled, and eventually they got some water.

3 The question is where the water came from. Let's say

4 first bore hole which encounter groundwater was

5 relatively shallow, was MW-2.

6 Q Was relatively shallow?

7 A Shallow, about 27 feet below grade. This

8 water, as Ms. Morrison stated, was very erratic. In

9 other words, after drilling, about 2 feet of water

10 was found on the bottom of the well. In subsequent

11 testing, this water just disappeared. So we don't

12 consider this location as presence of any sort of

13 perched water. Simply, that water is not there.

14 Q I'm sorry. You said this location --

15 A Is not considered a location of perched

16 water.

17 Q Okay.

18 A However, there were wells advanced to the

19 greater depths. There was the Well No. 21, 22, and

20 23 of the EX series. These wells were initially dry

21 for several days. After several days, saturation at

22 the bottom of these wells was found. In my

23 opinion -- and not only opinion, but based on my

24 experience -- there are two mechanisms that could

25 cause presence of the water in these wells.



1588

1 Q Two mechanisms?

2 A Yes. The first one is perched water.

3 Perched water occurs when unsaturated seepage from

4 throughout the vadose zone encounters impermeable

5 layer. The water cannot go any farther fast enough

6 so we see some degree of groundwater occurrence at

7 this elevation. Second mechanism that can cause

8 presence of water in wells in apparently dry

9 formation or not saturated formation is the fact that

10 once the well is dried and left open, the water

11 interstitial moisture --

12 Q Interstitial moisture?

13 A Yes. This is the moisture that is

14 contained between the grains of sand, silt, some

15 solid matter. When we excavate to certain depth, we

16 always feel that the soil is moist. This moisture

17 can be liberated into the well if there is a

18 mechanism, if there is a way for the moisture to come

19 into the well.

20 What happens when the well is drilled?

21 Initially the well is dry, as observed on the Pinon

22 Ridge site. However, in this well, the pressure in

23 the well is at atmospheric pressure. However, the

24 pressure outside the well is called lithostatic

25 pressure. What is the pressure differential doing?



1589

1 It's driving the water into the well. And how big

2 this pressure differential can be? Atmospheric

3 pressure is about 14.7 psi, one bar or one

4 atmosphere, technical atmosphere. Lithostatic

5 pressure outside the bore hole is about 1 psi per

6 1 foot of depth. So let's say at 300 feet depth,

7 which is corresponding probably depth of those

8 monitoring wells, there is a significant pressure

9 differential to drive moisture into the well. And in

10 my opinion, this is the mechanism which caused the

11 water to be present in the well a few days after the

12 well was dry -- drilled. It took some time for the

13 moisture to come there.

14 If there were just perched water, existing

15 saturation, we would detect it in two ways. The

16 first one, the wells were drilled with air rotary

17 method. What it means, all the cuttings from the

18 well were removed by the air, blown in the air from

19 the well. If there were water, driller and person

20 overseeing the drilling would notice some droplets to

21 the surface, indicating that there, indeed, was

22 saturation. This thing has not been noticed. So in

23 consequence, the well was dry for some time.

24 Nevertheless, there is water. But we

25 believe that this water, first thing, is in the



1590

1 formation in the static form. It doesn't move

2 anywhere. It's not saturated formation. And

3 therefore, this I would classify as a well of

4 interstitial -- collection of interstitial moisture

5 rather than perched water. This phenomenon has been

6 observed at many locations, especially during the

7 time when we were investigating hazardous waste

8 sites, let's say, for refurbishment to the RECA

9 standards.

10 Q I'm sorry. But at the Pinon Ridge site,

11 it was -- you think that the water that was found in

12 the monitoring well was this interstitial water, not

13 perched water? Is that what you're saying?

14 A Yes. And this is not separate phenomenon.

15 It has been documented and observed elsewhere.

16 Q Okay. So what's the importance of the

17 difference between perched water and interstitial

18 water found in the monitoring well with respect to

19 that water's ability to transmit potential leakage

20 from the tailings liner, if there were any such

21 leakage?

22 A Significant is next to none. The reason

23 for this statement is such: First thing, this water

24 is static, is not continuous, is not a continuum and

25 is not contiguous with other water bodies. Anyway,



1591

1 we do not have evidence for it.

2 Q Okay. The interstitial water is not

3 contiguous to other water bodies?

4 A That's correct. The second thing is that

5 this water is well below any potential recipient of

6 the seepage if the hypothetical contamination was

7 there because it's on the elevation of about three

8 plus hundred feet below grade. And arroyos, as well

9 as other users' wells, are well, well above this

10 depth.

11 Q So the interstitial water is below the

12 arroyos or anybody else's --


14 Q So did you -- I'm sorry. I just want to

15 make sure. Did you just testify that if there was

16 leakage to the interstitial water, it would not move?

17 And anyway, you don't think the leakage would get

18 that deep?


20 Q Okay.

21 A Another point which I would like to make

22 is that this kind of moisture and water, even

23 accumulated in the wells or even of certain limited

24 extent, has no utility for monitoring the leakage

25 through the liner if anything could happen. And the



1592

1 reason for this statement, to support this statement,

2 I'm citing the distance between the bottom of the

3 pond and uppermost occurrence of the perched water

4 above the Hermosa formation.

5 Let's assume that there's 300 feet of

6 vadose zone. For small leakage, if it would happen

7 from the liner, it would take well in excess of a

8 thousand years to reach this depth, assuming

9 permeability of the intervening strata being, I would

10 say, on the low side, about 10 to minus 4 centimeters

11 per second.

12 Q So you're saying that even if the vadose

13 zone had a low permeability or a high -- was

14 permeable --

15 A Yes.

16 Q -- that leakage from the liner would still

17 take almost a thousand years to reach --

18 A Yes. This is fact, that the vadose zone

19 has permeability. It is permeable. The question is

20 how permeable. And since the movement is always

21 vertical, the leakage, it is supported by literature,

22 research, and practice that the vertical permeability

23 perpendicular to the layering is at least 10 times

24 less than horizontal. Therefore, horizontal

25 permeability has been documented on the side being



1593

1 10 to minus 3 of centimeters per second. It is

2 reasonable to consider 10 to minus 4 centimeters per

3 second for vertical permeability.

4 For this permeability, we are talking

5 about thousands of years, about a thousand years,

6 plus or minus -- it's difficult to calculate this

7 thing exactly -- for the contaminant to reach the

8 groundwater, accumulated groundwater, let it be

9 perched or interstitial, and being monitored for

10 leakage.

11 Q How about this horizontal permeability?

12 Ms. Travers testified that even if there's no water

13 in the vadose zone, if there was a leak in the liner

14 system and if this fluid reached the vadose zone, the

15 fluid could then escape in some way. Can you speak

16 to that, please?

17 A Spread of the contaminant could happen

18 only at the location, depth and location where

19 impermeable layer is evident. And geotechnical

20 borings as well as hydrological investigation

21 documented that the first impermeable layer are the

22 evaporites, soils, of Hermosa formation which is

23 about three to four hundred feet below grade at the

24 location of the mill.

25 Now, if this spread happens, the question



1594

1 is how big the spread would be.

2 Q Please continue.

3 A As Kim Morrison demonstrated, if the

4 leakage happens through the liner, there will be

5 three layers of liner which is quite, I would say,

6 remote possibility; nevertheless, existing. The

7 leakage would be in a very, very small rate. And

8 this small rate, again, will travel for a long time

9 down to the vadose zone to the first occurrence of

10 Hermosa formation. And second thing, to be

11 detectable, it has to be very significant to spread

12 over this moist zone at the contact.

13 Q So then is it your testimony that if there

14 was a leak in the liner and the leak reached the

15 vadose zone, that that would not move, particularly?

16 A It will not move certainly to any

17 recipients of the useable significant groundwater.

18 MS. LUCAS: Okay. Thank you.

19 HEARING OFFICER: Cross?

20 MR. STILLS: If Dr. Grossman wants to go

21 first, that will give me a second to pull up

22 something.

23 HEARING OFFICER: Mr. Stills is deferring

24 to you to ask questions.

25 DR. GROSSMAN: Yes. I have a question.



1595

1 CROSS-EXAMINATION

2 BY DR. GROSSMAN:

3 Q There does seem to be controversy about

4 whether there's perched water on the site or not.

5 Your sampling system -- I want to ask a few questions

6 about first the wells and how you might be able to

7 determine whether that water is perched or not.

8 You described two things that could be

9 happening in the wells. One, that it's perched water

10 that has gotten in there, and secondly, it's gotten

11 in there by diffusive pressure differences which are

12 substantial. By the way, the pressure difference up

13 here is actually even greater because we're so high.

14 Half the atmosphere is already below us at this

15 altitude. It seems to me you could test this by just

16 taking the water out and having continuous monitoring

17 to see how long it takes for the water to come in.

18 And that would be short time periods for perched

19 water, right, and longer time periods for diffusion?

20 A Yes, sir, that's correct. There were

21 several -- again, there was a well, one well, MW-9,

22 that indicated presence of water in the well. The

23 water was evacuated by blowing or abating, and it

24 took 33 days.

25 Q How long?



1596

1 A 33 days for the water to recover. And to

2 me, this is indication of diffusive transfer of

3 water. However, we have also wells which I mentioned

4 that came into contact with Hermosa, deeper wells.

5 Those wells were also evacuated, and it takes in the

6 range of days for the water to come back. If there

7 were perched water, it would be detected immediately

8 by drilling or immediately after drilling. It would

9 be present. However, this time lag between

10 advancement of the well and occurrence of water is an

11 indication of diffusive transfer of moisture into the

12 well.

13 Q Thank you. I think they know where the

14 location of these tailings cells or things that could

15 leak are located or are roughly located. In an

16 expansive area around this particular area where

17 leaks might occur, do you think that

18 ground-penetrating radar might be able to detect the

19 presence of perched water?

20 A I am afraid not. I don't know what is the

21 contrast detection of ground-penetrating radar. But

22 one thing, please, consider is kind of physical

23 limitation of detection of the perched water or

24 leakage under the liner. Unsaturated seepage through

25 the vadose zone is always occurring vertically.



1597

1 However, certain dispersivity is to be considered.

2 Dispersivity depends on the heterogeneity of the

3 material but usually is assumed to be one-tenth of

4 the vertical distance.

5 So let's assume that we have certain

6 acreage of the pond, and leakage happens at XY

7 location. If we put any sort of monitoring

8 lysimeters outside the perimeter of the tailings

9 impoundment, we will see nothing because the leakage

10 and transfer will happen at some distance from

11 lysimeter. With ground-penetrating radar, I cannot

12 dwell on the response to this question. Maybe there

13 are some U.S. techniques. But in my practice, I've

14 been using ground-penetrating radar to detect certain

15 kinds of voids in rocks, certain excavations or

16 discontinuities.

17 Q Could you, for the people in here, tell us

18 what a lysimeter is.

19 A Lysimeter is a device that works exactly

20 on the principle of diffusive flow. And it is device

21 to monitor moisture -- interstitial moisture in the

22 vadose zone, in the zone of unsaturated flow where

23 the groundwater is not present yet moisture is in the

24 zone. How this is being done in the bore hole, we

25 put so-called porous -- they call it in practice



1598

1 porous cup or porous tip. This tip is installed at

2 certain elevations, certain depth, and is absolutely

3 sealed from the rest of the bore holes. Yet the

4 spaghetti tubing is extended to the surface. After

5 certain number of days, since the lysimeter is

6 exposed to the atmospheric pressure, the pressure

7 differential, diffusive pressure, drives water into

8 the lysimeter, and it can be collected for sampling.

9 Q Through that tube?

10 A Through this tubing with the suction or --

11 there are some mechanics, or you may have some --

12 there are some other devices possible. And usually

13 lysimeters display through the measurements in the

14 tubing much higher pressure than the surface, meaning

15 that lithostatic pressure is driving the water into

16 the device.

17 DR. GROSSMAN: Thank you. I have nothing

18 else.

19 HEARING OFFICER: Did that help you come

20 up with your questions, Mr. Stills?

21 MR. STILLS: Actually, it helped me

22 eliminate a couple.

23

24

25



1599

1 HEARING OFFICER: Go ahead.

2 CROSS-EXAMINATION

3 BY MR. STILLS:

4 Q So you were not here for the -- I should

5 say good afternoon. You were not here for the

6 hearings last week in person; is that correct?

7 A I was not here in person.

8 Q So you could not see the display and what

9 the testimony entailed as far as the projection and

10 the images; is that correct?

11 A This is correct.

12 Q So the information you have was

13 transmitted to you by your attorneys concerning what

14 it is they presented visually; is that correct?

15 A No, I did not. However, I've been

16 listening to the testimony on the phone.

17 Q So you just heard them over the phone?

18 A Yes.

19 Q Okay. Did you miss portions of it?

20 A No.

21 Q You were here through the breaks and

22 stayed on the whole time?

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

24 was taking breaks.

25 Q So you took breaks during the testimony?



1600

1 Is that what you said?

2 A No. When you were taking break, I was

3 taking break.

4 Q All right. I'm sorry. And I appreciate

5 your patience with my ear for your accent.

6 A Do I have accent?

7 Q Or your ear for my accent, perhaps.

8 And you testified about 35 bore holes for

9 one purpose and 43 bore holes for another. Those

10 were not drilled for the purpose of testing

11 groundwater recharge; is that correct?

12 A Which portions -- which bore holes you

13 have in mind?

14 Q You testified about 35 bore holes to

15 characterize the geological regime and 43 for --

16 A Hydrogeological regime.

17 Q Okay. Hydrogeology?

18 A Yes.

19 Q So for those 78 wells, those weren't for

20 the purpose of testing groundwater recharge?

21 A No. They were not testing for groundwater

22 recharge. However, each time the drilling is being

23 done for whichever bore holes, the overseeing

24 geologist is collecting all information, including

25 occurrence of water, should such water be



1601

1 encountered.

2 Q But you weren't there for the drilling?

3 A No. No, I was not.

4 Q I want to ask about these -- you talked

5 about a recharge test for MW-9?

6 A Yes.

7 Q That recharge test was not used for these

8 78 wells we just discussed; is that correct?

9 A That's correct. This well was considered

10 as outlier.

11 Q And these bore holes, they provide now a

12 potential source for vertical transport of

13 groundwater at that site?

14 A No. The wells are sealed. I mean,

15 sealed -- the annulus of the well is sealed. The

16 annulus of the well -- in other words, the space

17 between the formation and casing -- is sealed.

18 Q Does casing ever fail?

19 A Excuse me?

20 Q Does that kinds of well casing ever fail?

21 A Not on this project. I haven't seen it

22 failing.

23 Q Have you examined this project for

24 failures in the wellbore casing?

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



1602

1 are being operational and functioning.

2 Q And for these 80 or 78 wells, are they

3 being monitored for any leaks in the wellbore?

4 A First thing, there are no 78 wells. There

5 are only 35 wells that have been installed for

6 monitoring -- groundwater monitoring purposes. The

7 wells that were for geotechnical purposes are

8 abundant upon drilling after completion.

9 As of monitoring -- or let's say testing

10 the wells for leakage within the liner, no, it has

11 not been done. This practice is very common in in

12 situ uranium recovery operations where by statute the

13 wells have to be tested for integrity, but the wells

14 are operating different ways. They are injection

15 wells where the pressure is being applied into the

16 casing, and any sort of failure could cause excursion

17 of lixiviant. So no, those wells are not tested for

18 integrity and not tested for leakage.

19 Q The wells at the site, at the Energy Fuels

20 fuels site?


22 Q Okay. Your testimony concerns a vadose

23 zone 300 feet deep; is that correct?

24 A In locations -- in the locations of the

25 project facilities, yes.



1603

1 Q Your testimony is not applicable to a

2 vadose zone that may be 20 feet deep; is that

3 correct?

4 A Not necessarily. It's applicable to all

5 thickness, entire thickness of the vadose zone.

6 Q But you did not conduct an analysis of a

7 vadose zone that might be 20 feet deep; is that

8 correct?

9 A No occurrences of moisture were found

10 below this -- above the contact with Hermosa

11 formation. Therefore, no investigation has been

12 done.

13 Q You did no shallow groundwater

14 investigation?

15 A Shallow groundwater investigation have

16 been conducted in the well MW-2, which was 27 feet

17 deep, and water happened to be present there.

18 However, water disappeared. And we believe that this

19 water was in response to some meteorological event

20 and not being perched zone, perched water.

21 Q So water was found at that shallower

22 level, indicating a vadose zone might exist at

23 20 feet. When you saw that, did you do any further

24 investigation of where that water came from or where

25 it might have gone?



1604

1 A No. The water disappeared in the next

2 sampling event. There was nothing to investigate.

3 Q And if the water were to have returned,

4 should that have been analyzed?

5 A Absolutely, but the water did not return.

6 Q So assume that the water would have

7 returned. Would you have conducted the same type of

8 analysis that you did for a 300-foot vadose zone?

9 A Absolutely. We would bail out the water,

10 evacuate the water from the well. We would monitor

11 the rapidity of recovery and would certainly document

12 the water levels and fluctuation of water levels

13 versus time.

14 Q And that wasn't done at this site; is that

15 correct?

16 A Excuse me?

17 Q That was not done for a --

18 A It was not done because there were no

19 media to test. Simply, there was no water. However,

20 this thing is being done on the other wells which are

21 located at the contact of the Hermosa formation.

22 Q And it's your testimony that you haven't

23 had anything to do at this site for two or three

24 years, so since 2009?

25 A No. It was just periodic conversation



1605

1 with management of Energy Fuels Resources that

2 monitoring is going on, and essentially records are

3 being collected.

4 Q So if there's any changes since 2009, you

5 wouldn't be able to testify to those?

6 A That's correct.

7 MR. STILLS: Okay. No more questions,

8 Your Honor.

9 HEARING OFFICER: Mr. Goad?


11 HEARING OFFICER: Mr. Sandler?

12 MR. SANDLER: No questions, Judge.

13 HEARING OFFICER: Any redirect?

14 MS. LUCAS: I just have one quick

15 foundational question here at the end.

16 Q (By Ms. Lucas) Did you read the report

17 from Stratus Consulting dated, I believe, December of

18 2010?

19 A Yes.

20 MS. LUCAS: Okay. That's all.

21 HEARING OFFICER: Can he be released?

22 MR. STILLS: Yes.

23 THE WITNESS: Thank you.

24 (Recess from 3:02 p.m. to 3:15 p.m..

25 HEARING OFFICER: Mr. Moore, you're doing



1606

1 this one?

2 MR. MOORE: Yes.

3 HEARING OFFICER: Raise your right hand,

4 if you would.

5 (Sandra Lynn Goodman was sworn by the

6 Hearing Officer.)

7 HEARING OFFICER: State your full name, if

8 you would.

9 THE WITNESS: Sandra Lynn Goodman.

10 HEARING OFFICER: Spell your first name.

11 THE WITNESS: Sandra, S-a-n-d-r-a Lynn,

12 L-y-n-n, and then Goodman.

13 HEARING OFFICER: Got it.

14 MR. STILLS: Your Honor, if I may go

15 ahead, objection. There was no report issued

16 identifying and disclosing her on September 20th.

17 There was no report disclosing her on October 5th.

18 The first we ever heard or knew of this person who's

19 being brought forward to be sworn as an expert was on

20 November 2nd when we got a rebuttal report.

21 I would say that the others are close with

22 the way things moved around, but it was very strict

23 between us when we negotiated the schedule that we

24 had some time to deal with folks. While I don't

25 stand back from the previous objections, the



1607

1 objections on this witness are particularly

2 noteworthy because we had nothing to go on until five

3 days before the hearing, no ability to see whether or

4 not we wanted to do discovery, no ability to know

5 anything about her background. We're here flat cold.

6 So I think this is a worst case as far as we're

7 concerned.

8 MR. MOORE: Well, Edge did submit their

9 initial expert report on September 20th. They also

10 submitted their rebuttal report on November 2nd.

11 Sandy was integral to the preparation of both of

12 those reports. We brought her here today to rebut

13 some of Dr. Power's testimony but also to give Sheep

14 Mountain Alliance and the others time to

15 cross-examine her and investigate her findings.

16 HEARING OFFICER: The Edge report lists

17 individuals. Doesn't this individual --

18 MR. STILLS: Your Honor, I have the

19 transmittal of Energy Fuels' experts' disclosures.

20 There was no Edge report transmitted. We transmitted

21 something about Stratus, and we identified four

22 people from the Stratus report that we might call.

23 We called two of them.

24 There was no Edge -- we weren't given a

25 heads up to even do any research on this witness



1608

1 until November 2nd. And I did ask at that time that

2 they withdraw this witness because it was a surprise.

3 We did get no response from them, but that was to be

4 expected given the speed at which things were moving

5 in this hearing. I have no ability to even voir

6 dire.

7 MR. MOORE: Here on this report of

8 September 20th, she was mentioned on the first page

9 of --

10 MR. STILLS: I'm sorry. I'm not sure what

11 you're referring to.

12 MR. MOORE: Okay. This is the

13 September 19th report prepared by Edge Environmental.

14 It was submitted, I believe, on September 20th. And

15 she's mentioned on the first page of that, on the

16 cover page. And her CV or resume is listed as an

17 exhibit in the back, Sandra L. Goodman.

18 HEARING OFFICER: Can I see that?

19 MR. MOORE: Sure.

20 HEARING OFFICER: This went to

21 Mr. Spaanstra. Was it provided to --

22 MR. SPAANSTRA: In the September 20th

23 disclosure of our expert witnesses and their reports.

24 And again --

25 HEARING OFFICER: Hang on a minute. Was



1609

1 this report -- I'm looking at a September 20, 2012

2 E-mail sent at 6:11 p.m. that makes references to a

3 DVD. Was this report in that DVD, this cover letter

4 from Edge?

5 MR. MOORE: I think we're looking right

6 now.

7 HEARING OFFICER: Show it to Mr. Stills.

8 MR. STILLS: I'd like to take a look at it

9 so I know what we're looking at.

10 Yes. This report was provided, but the

11 witness list that was provided never identified

12 Sandra Goodman, only Frank Filas and Mary Bloomstran.

13 And the lead author of this is not being presented,

14 only some of the folks who helped her out. I don't

15 think we should have been able to guess that they

16 were going to bring Ms. Goodman here. She was never

17 noticed. She's not on the witness list that we were

18 provided according to the schedule. And I would just

19 say that this is an unfair surprise.

20 MS. LUCAS: Your Honor, I would say that

21 nobody knew at the time the witness lists were given

22 out that anybody had any witnesses. I believe Sheep

23 Mountain didn't even provide a witness list on the

24 date witnesses were supposed to be identified. And

25 given the spirit of being fast and loose with the



1610

1 rules, so to speak, we identified Ms. Goodman in our

2 initial disclosures and then identified her as a

3 witness definitely going to be here. Whereas, for

4 example, Sheep Mountain didn't solidify its witnesses

5 unless they closed their case at this hearing. And

6 Ms. Goodman was also a prime author of the

7 socioeconomic aspects of the environmental report.

8 We're bringing her here to make her available for

9 questioning.

10 MR. STILLS: And Your Honor, the reports

11 that were released with that cover letter are the

12 report for the proposed Pinon Ridge project,

13 potential effects to Colorado pike minnow,

14 environmental report, and the Pinon Ridge wildcat

15 habitat improvement plan. There's no socioeconomic

16 report in their license in here at all.

17 MS. LUCAS: The socioeconomic report is

18 within the environmental report.

19 MR. STILLS: It was not disclosed as an

20 expert report.

21 MS. LUCAS: It's within the environment

22 report, which was disclosed as an expert report, and

23 she was listed as a primary author of that report.

24 HEARING OFFICER: I'd like to have a

25 record of what was provided and when it was provided.



1611

1 So this is in the environmental report that's in the

2 application?

3 MS. LUCAS: Yes. Yes, Your Honor. We

4 submitted the environmental report. That is also in

5 the application as the expert report from the Edge

6 Environmental team, who listed Sandra Goodman as one

7 of the primary authors of the environmental report on

8 September 20th.

9 HEARING OFFICER: Do I already have a copy

10 of this?

11 MR. STILLS: If you don't, you may have

12 that one.

13 HEARING OFFICER: I have it. It's marked

14 32. Let me give this one back.

15 Okay. I'll note the objection. I'll hear

16 argument on it. I'm going to allow the witness to

17 testify. I'm not going to let us get away from here

18 without getting whatever in, getting it all in. And

19 I may elect to exclude it at some point in the

20 process, but go ahead.

21 MR. MOORE: Thank you, Your Honor.

22 SANDRA LYNN GOODMAN,

23 being first duly sworn in the above cause, was

24 examined and testified as follows:

25



1612


2 BY MR. MOORE:

3 Q Thank you for being here today,

4 Ms. Goodman. I'm just going to ask you a few

5 questions here initially to qualify you as an expert.

6 Could you please describe your educational

7 background.

8 A I have an undergraduate degree, a bachelor

9 of science degree in economics from Utah State

10 University. I have a graduate degree, a master's of

11 business administration from the American Graduate

12 School of International Management, which is also

13 known as Thunderbird, in Glendale, Arizona.

14 Additionally, I have completed graduate work in

15 econometrics.

16 Q Thank you. Could you please describe any

17 academic research you've performed.

18 A My academic research includes work with

19 The Political Economy Research Center in Bozeman,

20 Montana. It's now called the Property and

21 Environment Research Center. That work focused on

22 risk perception and risk assessment associated with

23 Superfund. I also have conducted research into

24 resource allocation, the incorporation of

25 environmental values into investment decisions made



1613

1 in Romania and Hungary.

2 And I have conducted research -- led a

3 research team at the University of Portsmouth in

4 England, assessing the environmental value -- looking

5 at ways to incorporate the environmental value of

6 coastal resources for investment decisions made by

7 the Ministry of Agriculture, Fisheries, and Food. In

8 addition to that research work, I've taught economics

9 courses at colleges and universities in Montana,

10 California, Romania, and England.

11 Q Can you please describe some of your

12 professional background and experience in economics.

13 A Since 1997 my work in the private sector

14 has included work conducting socioeconomic analyses

15 for NEPA review, for oil and gas, mining, pipelines,

16 other industrial developments on federal lands in

17 Colorado, New Mexico, Oregon, Utah, and Wyoming.

18 I've conducted housing market research assessments

19 for banks considering investments in multifamily unit

20 housing developments. And I've also worked with

21 utilities and NGOs, nongovernmental organizations, to

22 develop strategies to comply with The Clean Air Act.

23 MR. MOORE: At this point I'd like to

24 proffer Ms. Goodman as an expert in socioeconomic

25 evaluations.



1614

1 HEARING OFFICER: Voir dire, subject to

2 the objection we have before us.

3 VOIR DIRE EXAMINATION

4 BY MR. STILLS:

5 Q Good afternoon, Ms. Goodman. Your work on

6 this project was limited to the preparation of a

7 socioeconomic analysis; is that correct?

8 A Yes.

9 Q No other areas that you worked on?

10 A I worked on land use, transportation, and

11 socioeconomics.

12 Q And Edge Environmental, are you aware of

13 how much compensation they received from Energy Fuels

14 for preparing these reports?

15 A No.

16 Q Are you aware of a current contract for

17 doing a NEPA analysis for Energy Fuels concerning

18 their water supply?

19 A No.

20 Q Are you aware of any communication between

21 your firm and Energy Fuels concerning this future

22 contract?

23 A No.

24 Q Might this contract already be in place?

25 A I have no idea.



1615

1 Q You have no idea. We would need to ask

2 Ms. Bloomstran questions about the relationship

3 between Edge and Energy Fuels; is that correct?

4 A Yes.

5 Q So yours is a very limited knowledge and

6 role? There may be financial dealings going on

7 between the two organizations, but you wouldn't be

8 able to testify to that; is that correct?

9 A What part of that was a question?

10 Q You would not be able to testify here as

11 to the financial relationship between Energy Fuels

12 and Edge; is that correct?


14 Q Your experience is assisting companies to

15 get through the NEPA process; is that correct?

16 A I work with Edge Environmental, who

17 conducts the NEPA documents, the environmental impact

18 statements and the environmental assessments that

19 federal agencies -- the BLM and the Forest Service --

20 conduct to evaluate proposed industrial projects on

21 that federal land.

22 Q And your experience is limited to working

23 for industry who has proposed these projects and is

24 putting together an analysis; is that correct?

25 A Within the NEPA process. My -- within the



1616

1 NEPA process, yes.

2 MR. STILLS: Okay. Subject to the

3 previous objections, no further voir dire.



6 MR. SANDLER: No questions.

7 HEARING OFFICER: All right.

8 DIRECT EXAMINATION (resumed)

9 BY MR. MOORE:

10 Q Ms. Goodman, did you prepare a report for

11 this hearing?

12 A Yes. I was part of the team that prepared

13 the environmental report.

14 Q Was this in response to Dr. Power's

15 report? And I'm referring to this November 2nd

16 report, I believe. I can show it to you.

17 A Okay. I'm sorry. Yes. I was still on

18 the why am I here, because I worked on the

19 environmental report. I completed a rebuttal to the

20 written testimony submitted by Dr. Power, yes.

21 MR. MOORE: Okay. I'd like to --

22 HEARING OFFICER: Has this previously been

23 delivered?

24 MR. MOORE: Yes, it has.

25 (Discussion off the record.)



1617

1 MR. MOORE: I'd like to offer this as --

2 what exhibit are we on here? As Exhibit 5, Energy

3 Fuels Exhibit 5.

4 HEARING OFFICER: All right. Subject to

5 the same objection that was already made, it will be

6 admitted.

7 (Energy Fuels Exhibit 5 admitted.)

8 MR. MOORE: And Ms. Goodman also has a few

9 slides that she's going to be referring to in her

10 testimony.

11 Did you E-mail that to the parties?

12 MS. LUCAS: I can do that right now.

13 Q (By Mr. Moore) These directly address

14 Dr. Power's testimony. Did you listen to Dr. Power's

15 testimony last week?

16 A Yes.

17 Q It was on the phone?

18 A Yes, on Friday afternoon.

19 Q Okay. We heard on Friday that Dr. Power

20 believed that the Pinon Ridge socioeconomic analysis

21 was inadequate. Can you please explain the basis for

22 the analysis that was included in your report.

23 A Yes. The analysis -- the socioeconomic

24 analysis included in the environmental report met the

25 standards set by decision makers in the permitting



1618

1 process. The report met the standards set by the

2 National Regulatory Commission, NRC; the CDPHE

3 guidance for environmental reports for uranium mills.

4 It also met NEPA guidelines for socioeconomic impact

5 analysis.

6 MR. STILLS: I'm sorry. I'd like to

7 object to the witness testifying to legal

8 conclusions. She's testifying that these met the

9 requirements.

10 MR. MOORE: These are requirements, in her

11 opinion, that she believes they met.

12 HEARING OFFICER: I'll take them as her

13 opinions.

14 A I'm sorry. Yes, they meet my --

15 Q (By Mr. Moore) Just to clarify, as

16 well -- I'm sorry to interrupt you -- it's the

17 Nuclear Regulatory Commission. I think we have a

18 typo in that.

19 A Oh, I'm sorry. It's nuclear. And also

20 Nuclear -- the NRC and Office of Management and

21 Budget or OMB guidance for cost benefit analysis.

22 Q How would you account for the differences

23 among some of the various economic studies that were

24 performed on the Pinon Ridge mill regarding the

25 estimated number of jobs that would be created by the



1619

1 mill?

2 A This is a slide with a table in the slide,

3 the table that was included in Dr. Power's

4 presentation on Friday. It includes five studies

5 that estimated jobs associated with the Pinon Ridge

6 mill.

7 Three of the studies -- the studies by

8 Energy Fuels, Montrose County, and Power

9 Consulting -- estimated jobs associated with the

10 Pinon Ridge mill using the IMPLAN economic model. So

11 within those three studies, all of the differences in

12 the estimated number of jobs between Energy Fuels,

13 Montrose County, and Power Consulting, the difference

14 in the total jobs can be explained by the inputs that

15 were used in the IMPLAN model.

16 So real briefly, the way that IMPLAN model

17 estimates the jobs associated with the project is the

18 first step is to identify the area where the project

19 is spending and where the jobs that are associated

20 with that spending will occur, so you define the

21 study area. Energy Fuels --

22 HEARING OFFICER: Let me interrupt.

23 IMPLAN meaning --

24 THE WITNESS: I'm sorry. I-M-P-L-A-N

25 stands for impact assessment so it's called the



1620

1 IMPLAN.

2 A It's a software tool that estimates jobs.

3 It estimates those jobs based on the study area

4 that's specified for a particular project that's --

5 the study area and the number of direct jobs and

6 spending that are associated with that project.

7 And the differences in the estimated jobs

8 can be explained by differences in those three

9 inputs. The study area defines the region in which

10 the estimated jobs will occur. And that study area

11 includes a project's -- most of the project's

12 suppliers, its contractors, and most of the places

13 where people who work at the project will spend their

14 wages, where they do their shopping, where do they go

15 to a doctor. So identifying the study area is key to

16 the process, to IMPLAN's process of estimating jobs

17 because it identifies, again, that area where the

18 spending will occur.

19 I identified a study area that includes

20 Montrose County and San Juan County, Utah, because I

21 believe that's where most of the project's spending

22 will occur. Dr. Power's analysis identified a study

23 area that includes a four-zip code area of the West

24 End of Montrose County. However, that four-zip code

25 area, most of Energy Fuels' suppliers and contractors



1621

1 are located outside that four-zip code area.

2 And based on my interviews with residents

3 of the West End in terms of asking them where they go

4 shopping -- if they need to do a major grocery store

5 run, where do they go? If they have to go to

6 Wal-Mart, Target, or City Market, which everybody who

7 lives here has to do, they said they generally go to

8 Montrose, which was why we included all of Montrose

9 County into -- incorporated that in our model.

10 So in summation, those are the three

11 primary differences. That's what explains the

12 difference in the total jobs.

13 Q (By Mr. Moore) Could you speak a little

14 bit on the direct employment input?

15 A I'm sorry, yes, and the direct employment.

16 The direct employment and the direct spending

17 associated with the mill are the other two inputs.

18 Because employment and the spending by the project

19 determines how much money will circulate within the

20 study area's economy to create the additional jobs.

21 Energy Fuels estimated that 85 jobs will

22 be associated with the mill so our model incorporated

23 85 direct jobs. Dr. Power's model only includes

24 65 jobs at the mill. And that's based on Energy

25 Fuels' estimation that 80 percent of those 85 jobs



1622

1 would be filled by current residents of the study

2 area. Energy Fuels estimated that 20 percent of the

3 jobs would be filled by new residents who would move

4 to the study area to take those jobs. Dr. Power's

5 analysis did not take those jobs into consideration.

6 Q Thank you. Tell me, with what you know

7 about the IMPLAN model, what would you do if you

8 wanted to underestimate the number of jobs associated

9 with the project?

10 A If you wanted to underestimate the number

11 of jobs, you'd restrict the study area to an area

12 that included none of the project's suppliers and

13 none or very few of the places where anybody who

14 worked at the mill would spend their wages.

15 Secondly, you'd underestimate the direct employment

16 and spending associated with the project.

17 Q So in your opinion, do you believe

18 Dr. Power's report underestimates the economic

19 impacts of the Pinon Ridge mill?

20 A Yes, because the spending and the jobs

21 associated with the project will occur. They will

22 occur. They'll just occur outside the four-zip code

23 area that the Power report identified as the study

24 area.

25 Q Okay. Thank you.



1623

1 So now I'd like to turn to the issue of

2 environmental stigma that Dr. Power discussed in his

3 testimony and in his report. What does the economic

4 literature have to say about the stigma associated

5 with uranium mining and uranium milling?

6 A The literature on stigma generally

7 addresses potential impacts to property values,

8 population immigration, business growth, and the

9 tourism industry. Four recent studies address stigma

10 as it relates to uranium facilities. All of those

11 reports acknowledge that no economic model can

12 reliably predict how people will react to the

13 presence of a uranium mill in a particular location.

14 However, based on their interviews with

15 local business leaders and community leaders,

16 researchers in four of these studies -- Chmura

17 Economics, another firm called RTI International out

18 of Research Triangle Park, North Carolina, and George

19 Mason University found that local efforts -- or

20 efforts to attract businesses to an area where there

21 was --

22 MR. STILLS: Your Honor, I would object to

23 her testifying to other people's reports.

24 MR. MOORE: I would say she's testifying

25 as to her understanding of the findings of these



1624

1 reports.

2 MR. STILLS: They've never been provided,

3 never been revealed. We never had the opportunity to

4 get them.

5 THE WITNESS: Your Honor, Dr. Power

6 referenced all of the reports on Friday.

7 HEARING OFFICER: Well, if they're

8 included in Power's report, I'll allow it.

9 MR. STILLS: They were not included in

10 Dr. Power's --

11 THE WITNESS: They're not included in

12 Dr. Power's report because they were completed after

13 his report was completed in 2010. On Friday he said

14 that he had a copy of the reports with him.

15 MR. STILLS: When asked by these guys. It

16 never came through counsel. It was actually a little

17 bit of a surprise to me on the stand.

18 MR. MOORE: Well, Dr. Power actually

19 indicated that he participated in the preparation of

20 these reports, if I'm not mistaken.

21 HEARING OFFICER: The witness can testify

22 as to opinions she has formed. That may or may not

23 include these reports. If the witness is testifying

24 as to what the reports say, that's just flat hearsay

25 unless it's on the table. And she can't testify to



1625

1 that. So ask her her opinion.

2 Q (By Mr. Moore) In your opinion what do

3 these reports say about the economic impacts of

4 uranium mills and uranium mines in their particular

5 locations?

6 A Okay. In my opinion, based on what is

7 written in the reports, the researchers found

8 inconclusive and limited evidence concerning the

9 stigma associated with uranium mines. Again, the

10 researchers reported that in their interviews with

11 business community leaders, they had found no

12 evidence that the presence of a uranium mill or the

13 prospective presence of a uranium mill had harmed or

14 hurt -- I'm sorry -- harmed or helped their efforts

15 to attract business to an area.

16 So overall my opinion, again, based on

17 what the researchers -- authors of those reports said

18 were their conclusions, they were inconclusive. The

19 reports did say that in instances where stigma was

20 associated with an undesirable facility, that the

21 effects of stigma were generally limited to within

22 five miles of such facilities.

23 Q So in your expert opinion, what do you

24 think we can expect on the potential for stigma

25 related to the Pinon Ridge mill?



1626

1 A To the extent that any stigma did exist, I

2 believe that it would be contained within five miles

3 of the facility.

4 Q Thank you. Just a couple more questions

5 here for you.

6 Dr. Power also mentioned that over

7 100 jobs could be created by performing reclamation

8 of existing uranium sites in this region. Do you

9 have any idea where that money might come from to

10 perform that reclamation?

11 A That information was not included in his

12 report.

13 Q Thank you. Dr. Power also mentioned that

14 we were being selective on the choice of reports that

15 we brought forth to support the license. Isn't

16 Dr. Power being selective in his analysis, as well,

17 in your opinion?

18 A In my opinion, he was. I think that's

19 evidenced by his identification of a restrictive

20 study area over which to estimate jobs associated

21 with the mill, his interpretation of general and

22 inconclusive research in the literature on stigma,

23 and his dismissal of interviews, speaking with people

24 in the local area, because he has empirical data to

25 support his conclusions. I disagree with that



1627

1 approach.

2 MR. MOORE: Thank you very much. That's

3 it.

4 CROSS-EXAMINATION

5 BY MR. STILLS:

6 Q Basically you've testified that the stigma

7 literature says you can't take general conclusions

8 and put them in a specific place; is that correct?

9 A Can you say that again?

10 Q You testified that you can't take the

11 results of another study on stigma and understand

12 what will happen in another place; is that correct?

13 A You can understand. You can get

14 information. But none of the studies that I have

15 read that I'm familiar with go so far as to say that

16 the results -- would use the results from any

17 particular area to predict what would happen in

18 another area. The studies don't do that.

19 Q So you need to do that study for each

20 particular area to draw any conclusions concerning

21 the stigma effect; is that correct?

22 A I think that's a nonsensical question, but

23 it's a "yes" or "no" one, right?

24 Q Correct.

25 A Okay. So what is it?



1628

1 MR. STILLS: Would you read that back.

2 (Page 1,627 Lines 19 through 21 read.)

3 A That study being a stigma, a stigma

4 associated with a particular facility in a particular

5 location, if you wanted to accurately assess the

6 stigma associated with a facility in a location,

7 particular location, yes, you'd have to look at that

8 particular area.

9 Q (By Mr. Stills) That wasn't done here; is

10 that correct?

11 A I'm sorry?

12 Q The environmental impact analysis -- are

13 you familiar with that document?

14 A I'm familiar with the environmental report

15 that we completed.

16 Q So you have no testimony today to offer

17 about the environmental impact analysis?

18 A No.

19 Q For the environmental report it says

20 there's literature, but it does not contain the data

21 or the application of that data to any particular

22 geographical region here concerning stigma; is that

23 correct?

24 A The environmental report looked at -- you

25 know, based on -- looked at the impact on property



1629

1 values in San Juan County, looked at the potential --

2 spoke with the county assessor over in San Juan

3 County to see if there was any difference in the land

4 values between land in Blanding, Utah, which is close

5 to the White Mesa mill, and in Monticello. And based

6 on those interviews, which the environmental report

7 clearly stated was an interview, the county assessor

8 said that there were no differences -- no discernible

9 differences, you know, in land prices.

10 And looking at average and median prices

11 of homes for sale at that time, there was less than

12 2 percent difference in the average and median prices

13 of homes for sale, comparable homes for sale in the

14 Blanding and Monticello areas. So there was no

15 evidence --

16 Q You're not here to talk about property

17 valuation? You're not a land assessor, are you?

18 A I was attempting to answer your question.

19 Q I'm sorry. I thought you were done. I'll

20 let you go ahead.

21 A I guess I'm finished.

22 Q Okay. You're not here providing testimony

23 on land price valuation? That's not in your

24 expertise?

25 A Right.



1630

1 Q You made no attempt to interview people in

2 the Paradox Valley for their risk adverseness?

3 A No.

4 Q And you agree with Dr. Power that varying

5 the geographic scope of the study is important to

6 gain alternative views of what may be going on in an

7 area; is that correct?

8 A Varying? I agree with Dr. --

9 Q If you change the varying scope of an

10 economics analysis, a socioeconomic analysis, you may

11 get a different result based on that geographic

12 scope; is that correct?

13 A If you change the scope, you will -- yes.

14 Q Is that referred to as sensitivity

15 analysis in some areas, where you take several scopes

16 and compare them against each other?

17 A Yes.

18 Q That's an accepted methodology, to look at

19 alternatives?

20 A Yes. And as a matter of fact --

21 Q I'm sorry. When you have varying results,

22 to be able to understand them a document really needs

23 to have some explanation about why they're different;

24 isn't that correct?

25 A If that -- if that document is comparing



1631

1 two -- two areas. We have right here an element of

2 that sensitivity analysis. The Power report assumes

3 that 116 of the jobs, of the total jobs, you know,

4 associated with spending with the Pinon Ridge mill

5 will be contained in this four-zip code area of the

6 West End of Montrose County, 116 jobs there.

7 You know, the Energy Fuels estimate looks

8 at, okay, across Montrose County and San Juan County,

9 there's 313 jobs because there's additional spending

10 that goes on within that broader geographic area. So

11 there's your sensitivity analysis. It wasn't

12 conducted as a sensitivity analysis, but it provides

13 some of the same information.

14 Q But that's important when you synthesize

15 various reports that may have competing scopes,

16 scales, to know what is underlying them so you come

17 out with some kind of an analysis? That's what

18 you're doing here today, isn't it?

19 A Those were two questions. Yes, it is. If

20 you're synthesizing various reports, you take into

21 account the differences.

22 Q Okay. You make reference to some real

23 estate market information comparing various towns in

24 Colorado to specific Superfund sites. Is that on

25 Page 5 of your report?



1632

1 A Of my written testimony?

2 Q Yes.

3 A Yes.

4 Q And for instance, you compare Aspen's

5 median home value to the statewide home value to

6 suggest there's no stigma there; is that correct?

7 A I presented that information to show

8 that -- I didn't conduct any studies on stigma

9 impacts. If you look at the average home price in

10 Aspen, it's close to a million dollars. It is

11 clearly above the statewide average. So if stigma

12 exists, it's not reflected through lower property

13 values or at least in the census report of median

14 home values.

15 Q And that's the way you applied the stigma

16 literature to a situation?

17 A No. That's how I applied -- that's how I

18 offered that example.

19 Q But you've got no evidence to support it?

20 You just pulled some census data and compared Aspen

21 to Colorado and said the Smuggler Mountain Superfund

22 must not have an impact. You didn't make any

23 analysis of that site; is that correct?

24 A I used a technique that the -- Dr. Power

25 had -- I'm about to reference a report that Dr. Power



1633

1 had cited as basically the one study that --

2 Q Is it cited here?

3 A I'm sorry? Dr. Power cited it, yes. It's

4 cited in my information -- I'm sorry -- in my written

5 testimony. This is the RPA Consultants report of

6 Cotter's uranium mill in Canon City. They employed a

7 similar technique where they had -- they looked at

8 property values in different areas where -- different

9 areas where there were Superfund sites. And they

10 made no attempt to present the information, the

11 comparison of prices, for anything other than, you

12 know, what it was, a simple comparison of prices.

13 Q So comparing two towns really doesn't give

14 you anything?

15 A It's an observation of what exists. It

16 doesn't make any effort to explain what it exists.

17 It simply says here is what exists and acknowledges

18 that explaining what exists through an economic

19 analysis is beyond the scope of that particular

20 analysis.

21 Q The scope of the analysis, it's very

22 important to understand that?

23 A Uh-huh.

24 Q Okay. And using the example you have here

25 of Aspen, you can mask and mislead by changing the



1634

1 geographic scope. Is that your testimony about

2 Dr. Power?

3 A No. I think they're unrelated. The

4 example of -- you know, home prices, if you were

5 to -- if stigma is an indication of lower property

6 values, there's clearly something going on in Aspen

7 where any stigma associated with the Superfund site

8 in Aspen hasn't terribly affected home prices because

9 they're over a million dollars.

10 Q But you compared Aspen to Colorado.

11 Now --

12 A I compared Aspen to Colorado showing that

13 the average, the median home price in Colorado, is

14 around $237,000. Aspen is well above that.

15 Q Have you gone to Aspen so see where the

16 Smuggler site is?

17 A It's about two miles from the site -- I

18 mean -- I'm sorry. The site is approximately two

19 miles from the town. That's based on information

20 from the EPA.

21 Q But you haven't been there?

22 A Not within the last two years.

23 Q Are you familiar with the town?

24 A No.

25 Q Would it be useful information to know



1635

1 whether or not the trailer park in town was the

2 closest residential area to the Smuggler site?

3 A Not for the purposes of my example.

4 Q Would the home values in the section of

5 town up against the Smuggler site as compared to

6 other portions of town be useful information?

7 A Not for my example.

8 Q Would it be useful to a person trained in

9 applying this technique to a particular geographic

10 location?

11 A Not if they're trying to make the example

12 that I was trying to make. If they're trying to make

13 the example that you're trying to make, yes.

14 Q What's the example I'm trying to make?

15 A And, you know, I'm not trying to be hard

16 to get along with, and it may be late, but I don't

17 know.

18 Q Okay. I'm not either, and it may be late,

19 too. I'm just trying to dial in on a couple things.

20 If you wanted to know if there was stigma due to the

21 Smuggler site, might you legitimately define the

22 geographic scope of the analysis as the Town of Aspen

23 to see if you found lower home values up against the

24 site as compared to the rest of the town?

25 A Close to the site, yes. I would say if



1636

1 you wanted to look at stigma effects in Aspen, yes,

2 look at property values of -- of values at varying

3 locations of that site, of the Superfund site there

4 in Aspen.

5 Q So actual data, vary the geographic scope,

6 and you might get some useful information?

7 A Uh-huh.

8 Q You didn't do that? You just used Aspen

9 to Colorado?

10 A Yes. For this example, yes.

11 Q And the same could be said of all the

12 other four examples you used here? There's no local

13 comparison? It's just town to Colorado? And I think

14 you might have cherry-picked some of the nicer places

15 in Colorado that could be explained by amenity

16 values, actually, for the home values in the town; is

17 that correct?

18 A Actually, I cherry-picked all the towns in

19 Colorado that have Superfund sites that are related

20 to abandoned mining activities as reported by the

21 EPA.

22 Q So the stigma analysis, say, in Telluride

23 would be properly applied by seeing if there were

24 varying levels of home valuation or property values

25 across the town. And you didn't do that, did you?



1637

1 A No.

2 Q And it was Dr. Power's testimony that you

3 need to use these techniques, and you need to use

4 them properly to understand what's going on and to

5 come up with some conclusions; is that correct?

6 A That's not my understanding of what he

7 said in his report.

8 Q Okay. The information concerning the

9 Paradox Valley --

10 MR. STILLS: Can we take five minutes?

11 I'm having trouble finding a set of notes that fell

12 into my computer.

13 HEARING OFFICER: Sure.


15 Q (By Mr. Stills) Let me go back. You had

16 some notes that you were testifying from?

17 A No. I gave them --

18 Q To the court reporter?

19 Can I just have a quick look at those.

20 Are these just --

21 A Slides, yes.

22 Q -- a copy of your slides? Okay. Thanks.

23 MS. LUCAS: She can use them, right?

24 MR. STILLS: Yes.

25 MS. LUCAS: You want to hand them back to



1638

1 her?

2 MR. STILLS: Sorry.

3 Q (By Mr. Stills) And the data that you

4 relied on has been provided by Frank Filas?

5 A I'm sorry. What data?

6 Q In your work on this project, has Frank

7 Filas provided the underlying sociological (sic) data

8 that you looked at?

9 A No. Energy Fuels provided data on

10 employment for the socioeconomic analysis.

11 Information provided by Energy Fuels included the

12 spending, how much Energy Fuels expected to spend on

13 the project, and employment.

14 Q Did you ever have any problems with the

15 data that was provided to you?

16 A No.

17 Q You never referred to it as made up?

18 A No.

19 Q Okay. The Paradox Valley is a very

20 different place than Nucla and Naturita; is that

21 correct?

22 A You know, I don't -- I don't know. Yeah,

23 very -- very different.

24 Q Have you ever been to the Paradox Valley?

25 A No. I've only driven through it. So in



1639

1 terms of people who live there, I don't know how it's

2 very different.

3 Q You haven't spoken to anybody in Paradox?

4 You haven't talked to the owner of the Bedrock Store;

5 is that correct?

6 A I can't remember. I'm trying to think if

7 I asked the owner of the Bedrock Store when they had

8 to get groceries, do a major grocery store run, you

9 know, where they went. I don't know. If I did speak

10 to them, they would be included as a reference in the

11 environmental report. At this point, I don't know.

12 Q Okay.

13 A But that would have been my only reason

14 for speaking with them.

15 Q Would a business owner such as the Bedrock

16 Store -- would her view of -- would that person's

17 view of this project be important for socioeconomic

18 analysis and stigma?

19 A For an overall -- that person's view would

20 be as important as anyone else who lived in the --

21 you know, in Paradox Valley, their view.

22 Q In that actual valley?

23 A Right.

24 Q And you testified that you can't just move

25 the Canon City study over? You've got to understand



1640

1 and apply the technique to the Paradox Valley? And

2 hers would be important. How about an owner of an

3 inn? Would their view of the stigma that would come

4 along with the mill be important?

5 A Yes.

6 Q But you never asked any of those people

7 about their views; is that correct?

8 A I don't remember speaking with the owner

9 of any inn, no.

10 Q You weren't here to hear any of the public

11 testimony about what people's views are about the

12 area; is that correct?

13 A Not yesterday. I have heard people's --

14 testimony of people's views of the project.

15 Q But hit and miss? You just picked up a

16 little bit here and there during this hearing? You

17 didn't sit in on all the testimony; is that correct?

18 A No, I did not.

19 MR. STILLS: I have no more questions.

20 HEARING OFFICER: Any questions?



23 BY DR. GROSSMAN:

24 Q Were you involved in figuring out how many

25 vehicles would be used for the 500,000- and



1641

1 1500-tons-per-day operation?

2 A Okay. I'm sorry. Ask that question

3 again.

4 Q Were you involved in figuring out how many

5 vehicles would be used for the 500,000- and

6 1500-tons-per-day operations at this mill?

7 A Because I was involved in looking at the

8 transportation-- the traffic-related impacts

9 associated with the project, yes. The answer would

10 have to be yes, I was involved with that. I

11 haven't -- I haven't looked at that in regard to this

12 so I can't -- I can't answer any specific questions.

13 I can't remember. I just -- so just know that that's

14 not part of what I was prepared to discuss today

15 because I had been asked to comment on the

16 socioeconomic impacts also.

17 Q Okay.

18 A I mean, only.

19 Q Is there a published model used by this

20 IMPLAN software? I mean, software is essentially --

21 unless you really get into the code, this whole

22 discussion of open code that you may hear in the

23 Internet -- do you know if the code that was supposed

24 to be in this IMPLAN, if there's a published

25 reference that you can go to and say, well, to the



1642

1 best of the person who developed this, they used this

2 model, which is explicitly described and reviewed for

3 this software? In other words, a journal article or

4 a report or something?

5 A I don't -- I don't know the code. IMPLAN

6 is very clear about the sources of the data that are

7 incorporated into the multipliers that they build

8 into the model for a particular area in terms of the

9 data coming from sources such as the Census Bureau,

10 USDA, Census of Agriculture, county business

11 patterns, several sources of publicly available and

12 then their proprietary data. I have no knowledge of

13 the code.

14 Q I just want to point out to you that from

15 my knowledge of how things work with models that

16 you've got the garbage in/garbage out problem.

17 A Exactly.

18 Q And you also have the weighting problem.

19 And I'm just inquiring as to whether you know the

20 various inputs to this model, how those weighting

21 functions are determined because they're going to

22 determine the outset. Even if you've got the best

23 data in the world, if you don't have the right

24 permeability or whatever parameter in there that you

25 multiply against all these inputs, you might get the



1643

1 wrong answer. I just -- are you aware of that?

2 A I am certainly aware of garbage in/garbage

3 out. I'm also aware that IMPLAN is one of the most

4 widely used economic assessment models. And so I

5 would think that if there was a -- if there was a

6 problem with the model, it would not be so widely

7 used within the profession.

8 Q Okay. You talked about interviewing

9 people about where they went shopping --

10 A Uh-huh.

11 Q -- and so forth. Did the results of this

12 interviewing produce results that were statistically

13 significant? In other words, do you have a sample

14 size large enough that you could look at the

15 variability in that sample size and make some

16 conclusions about it?

17 A I did not -- I did not conduct a formal

18 survey, so I did not.

19 Q You just walked around town and talked to

20 store owners and business leaders and so forth --

21 A I talked to people, yes.

22 Q You talked about people going to Montrose

23 to shop?

24 A Uh-huh.

25 Q I venture to say that in the wintertime



1644

1 they don't do that, that they probably go to Grand

2 Junction instead, just about halfway in between.

3 A Uh-huh.

4 Q You don't have to go over Norwood Hill,

5 you don't have to go over Dallas Divide. You can

6 just shoot down Unaweep and a small, little divide

7 over there in the middle of Unaweep, and you're damn

8 near to Grand Junction. So there might be a split

9 here seasonally?

10 A Uh-huh.

11 Q Because you can't get across the plateau

12 on 25 Mesa Road in the wintertime.

13 MR. MOORE: Your Honor --

14 HEARING OFFICER: Is this a question?

15 MR. MOORE: He's testifying here.

16 Q (By Dr. Grossman) Was that taken into

17 account, the seasonal difference in purchasing

18 patterns?

19 A Certainly what was taken into account, the

20 people said that when they -- generally when they

21 went to the -- when they did a major grocery store

22 run, they typically went to Montrose, Grand Junction,

23 sometimes as far as Cortez. Generally they went to

24 Montrose. So then you come into the question, okay,

25 how large are we going to make this study area.



1645

1 Certainly if you include Mesa County, any portion of

2 Mesa County all the way down to include -- I'm sorry.

3 I can't remember what county Cortez is in -- then

4 you're going to estimate larger job impacts because

5 if you increase the size of your study area -- you

6 don't want to make the study area too big for

7 relevant decision-making purposes. So because people

8 had generally said that by and large, Montrose was

9 where they went, we considered Montrose County to be

10 part of the study area over which we estimated jobs.

11 Q Did you ever hear of the Paradox drive?

12 A I have not.

13 Q Do you know what it is? I guess you don't

14 know.

15 A I don't know.

16 Q When you come into Paradox Valley from the

17 east, a big sign on the side of the road that says

18 this is a historical cattle drive area.

19 A Uh-huh.

20 Q It's called the Paradox drive. It happens

21 about once a year when they bring the cows down from

22 one meadow and send them up to meadows in Lone Cone.

23 That's the historical drive that went on here.

24 A Uh-huh.

25 Q It way preceded any mining around here.



1646

1 HEARING OFFICER: Dr. Grossman, questions.

2 MR. MOORE: He's testifying here.

3 DR. GROSSMAN: Okay.

4 Q (By Dr. Grossman) Are you aware that the

5 Paradox drive could greatly inhibit traffic into the

6 mill for a period of time?

7 A Okay. I'm not familiar with it.

8 Q Do you think that the presence of this

9 mill would inhibit this great historical event, that

10 the mill people would eventually say these people are

11 bothering us, stopping our trucks with all these cows

12 on the road?

13 MR. MOORE: Your Honor --

14 HEARING OFFICER: Dr. Grossman, you're now

15 asking the witness to speculate about something she's

16 never heard of so I think you're well beyond the

17 limits.

18 DR. GROSSMAN: Okay. I'm way out on this.

19 HEARING OFFICER: We're here for her

20 testimony, not to hear you testify now.

21 DR. GROSSMAN: I'll stop right here.

22 THE WITNESS: Okay.

23 HEARING OFFICER: Mr. Goad, do you have

24 questions?




1647

1 HEARING OFFICER: Matt, do you have

2 questions?

3 MR. SANDLER: No questions for this

4 witness.

5 HEARING OFFICER: Redirect?

6 MR. MOORE: Nothing further, Your Honor.

7 HEARING OFFICER: Thank you. The witness

8 is released.

9 THE WITNESS: Thank you.

10 HEARING OFFICER: Does anybody have any

11 more witnesses that they want to offer?

12 I have one gentleman in the back of the

13 room that would kind of like to put in a comment. If

14 you will E-mail it to me, I'll put it in the record.

15 I received two E-mails this morning from people

16 either in support of or protesting the mill, and I

17 included them in the 153 items that I mentioned to

18 you earlier. So if there's another E-mail, I'll put

19 it in the record.

20 Do we have anything else before the

21 10-minute closings we agreed upon?

22 MS. JOHNSON: My name is Janet Johnson. I

23 would like to comment.

24 HEARING OFFICER: Ms. Johnson, if you have

25 comments you want to make, you've given me one by



1648

1 E-mail that I know of. If you would submit them by

2 E-mail, I would much appreciate it.

3 MS. JOHNSON: That would be great.

4 HEARING OFFICER: And I will include them

5 in the record. But we're not going to start taking

6 oral comments today. The time for that concluded

7 yesterday. But I will include any additional E-mail

8 comments I get and pass them on to counsel.

9 MS. JOHNSON: Thank you.

10 HEARING OFFICER: Now, I think that

11 concludes the evidence we're going to take. And we

12 talked about 5-minute -- or 10-minute closings -- I'm

13 going to squeeze it down more if I can, folks --

14 which you may choose to make or may not choose to

15 make. But I will consider any post trial briefs

16 together with the material you're going to send in

17 terms of proposed findings and conclusions. Those

18 are due you said the 5th of December, you told me

19 earlier?

20 MS. LUCAS: 4th.

21 HEARING OFFICER: The 4th of December.

22 And for those of you on the phone and in the room,

23 that's an opportunity for the lawyers to tell me what

24 they think I should decide, is really what it comes

25 down to. And I'll get those when I get them under



1649

1 that schedule.

2 MR. STILLS: Your Honor, there is

3 something linked to that that came up during the

4 hearing. And the court reporter may have some

5 information on this for us, as well. We originally

6 heard that there was going to be 45-day time period

7 for the transcript to come out, and that forms a

8 fundamental basis of what our findings of facts and

9 proposals would be. When are we anticipating to get

10 that transcript?

11 MS. LUCAS: I believe that the last I

12 heard it was the end of this month, November 30th or

13 December 1st.

14 MR. STILLS: I would submit that we need

15 to revisit schedules. Four days to go through a

16 six-day hearing transcript and prepare findings, even

17 as diligent as we are being, I don't think that is a

18 reasonable time frame for counsel to provide you

19 cogent and well-thought-out proposals.

20 HEARING OFFICER: Why don't I consider

21 that after we see when you get them.

22 MR. STILLS: Very good.

23 HEARING OFFICER: I'd rather deal with,

24 this is what happened and let's deal with, than this

25 is what may happen and let's deal with it.



1650

1 Now, one more thing we need to talk about.

2 We have an obligation to have a conversation at the

3 Department of Health in Denver. Do you want to try

4 to schedule that before we depart? Or do you want to

5 wait until -- and I suppose I'm deferring to

6 Mr. Goad, as the host. Do you want to do that by

7 telephone?

8 MR. GOAD: Mr. Stills and I chatted about

9 that a couple days ago, and I'm waiting to hear back

10 from him on that.

11 MR. STILLS: And I assume a tsunami of

12 scheduling demands await us when we leave here. I

13 would suggest we do that, that we do the scheduling

14 by E-mail this week and phone calls, but not to let

15 it get out from under foot. But I can't really sit

16 here and schedule today, knowing there's things --

17 HEARING OFFICER: Okay. So why don't you

18 folks communicate with each other, and assume for the

19 moment I will make myself available when you can

20 schedule it.

21 MR. GOAD: And I believe you said you're

22 not available Thursday?

23 HEARING OFFICER: This Thursday I have a

24 case, a medical malpractice case. Other than that,

25 schedule it. Everything else I have I think I can



1651

1 move around and tinker with. I won't be your issue.

2 DR. GROSSMAN: Do I have to be present?

3 HEARING OFFICER: Only if you care to.

4 DR. GROSSMAN: What is the purpose of

5 this?

6 HEARING OFFICER: The purpose of this,

7 remember, was to afford Mr. Stills the opportunity to

8 look at the files of the individuals in the health

9 Department. We had a dialog about the files that

10 Mr. Ethington might have maintained or Mr. Tarlton

11 might have maintained, and Mr. Stills wanted the

12 opportunity to see them. That's a voluntary

13 appearance, Dr. Grossman.

14 MR. GOAD: And since there were some

15 30 state employees -- and I forget how many

16 Department of Health employees, perhaps about 20 -- I

17 would ask Mr. Stills to indicate which ones he would

18 like to -- whose files he'd like to see so we can try

19 to schedule that accordingly.

20 MR. STILLS: That's a reasonable request.

21 I'll do that.

22 HEARING OFFICER: Okay. Other than that,

23 I don't think we have any other loose ends.

24 Mr. Spaanstra, Ms. Lucas, you want to give

25 me an argument?



1652

1 MR. SPAANSTRA: No. We'll defer until

2 December 4th or some point thereafter.

3 HEARING OFFICER: Mr. Goad?

4 MR. GOAD: Your Honor, we have no closing

5 other than to state that the department appreciates

6 all the information that has been submitted. It's

7 all been very interesting, and they will take it into

8 consideration when the time comes.

9 HEARING OFFICER: I'd ask the two of you

10 and --

11 DR. GROSSMAN: I'd like to say something

12 short.

13 HEARING OFFICER: Go right ahead. I'm

14 going to start the clock. Be forewarned.

15 DR. GROSSMAN: Okay. I'm going to repeat

16 what I said at the very beginning because it means

17 more to me now than it did before, and that is that I

18 want to thank everybody involved for the opportunity

19 to have become the only citizen that is a party of

20 interest in these proceedings. It's been really

21 invigorating and interesting and a demanding

22 experience, especially last night. And I want to

23 express my appreciation to Judge Dana, even though he

24 doesn't want to be a judge, and the lawyers for the

25 various interests. They've been really accommodating



1653

1 and patient with this nonlawyer and even supplied him

2 with coffee and doughnuts and everything in the

3 morning. I appreciate that.

4 But I want to let you know that I think

5 these proceedings need to concentrate on one thing,

6 and that's the mission statement of the Colorado

7 Department of Public Health and Environment since

8 they're the principal in this. Let me state it. The

9 mission of the Colorado Department of Public Health

10 and Environment is to protect and improve the health

11 of Colorado's people and the quality of its

12 environment.

13 We've heard the evidence now, and I've sat

14 here and listened very carefully. I've asked

15 questions. And this citizen is not convinced that

16 this proposal is ready to go forward. It needs more

17 work. And he's also convinced that all the parties

18 involved are really sincere in the efforts that

19 they've made. And I appreciate that, and I commend

20 that. And last, but not least, because you've heard

21 me enough, I want to go back to this stigma thing for

22 a minute because I'm a potential interviewee.

23 When I first came into this area, I

24 mentioned in my opening statement that I'd come down

25 through Unaweep Canyon, and I'd see that Uravan



1654

1 cleanup. And that scared me. I knew it was a

2 Superfund site because I'd done my due diligence on

3 my property. And the only thing that kept me here

4 was the fact that that thing was getting cleaned up.

5 If I'd known it would still be around, spewing stuff

6 around, I probably wouldn't have bought property

7 here.

8 One of the great things about this area is

9 that you can see great distances. When the moon

10 shines on the snows of Lone Cone, you can see that

11 for hundreds of miles. It's a landmark in this area.

12 The Indians used it, the pioneers used it, and I used

13 it. So this mill is something that will affect that

14 view for hundreds of miles. You'll see the lights.

15 You'll see the smoke. You'll likely hear the noise.

16 I'll tell you, if I was thinking about buying

17 property in Paradox Valley right now, I'd start

18 looking somewhere else.

19 Thank you very much for all of the

20 experience, this very interesting experience. And I

21 recommend it for all citizens. I'm sorry I'm the

22 only one.

23 HEARING OFFICER: Mr. Stills?

24 MR. STILLS: I'll be brief, Your Honor.

25 One of the things as we go forward out of this -- and



1655

1 first, I appreciate your patience in sticking through

2 this.

3 It is a gorgeous part of the country, and

4 we do have a nice mascot over your shoulder. We've

5 had a long six days. We've worked hard through this.

6 But the parties to this proceeding appear to have a

7 fundamental difference as to the purpose of this

8 hearing. CDPHE takes the position it's a licensing

9 exercise. It seems Energy Fuels shares that view.

10 We've laid out our view that this is a licensing

11 hearing for the first radioactive materials license

12 for a uranium mill issued in the current era. The

13 regs are outdated. The technologies are all over the

14 place. But still, Energy Fuels and CDPHE, hand in

15 glove, tend to push forward.

16 We have no clarity on what the contents of

17 this application are, a complaint that we've had all

18 the way through. As best we can tell, whatever that

19 application is, it hasn't been updated since 2010

20 when the RFIs were completed. CH2M Hill is no longer

21 working on the project, although the application

22 appears to be based on their secret engineering

23 report that we haven't seen or that the public is not

24 able to see. Of course, the public is a huge

25 component of the process that Congress adopted under



1656

1 the federal laws. We just don't have that ability

2 for the public, let alone the parties, to look at it.

3 As we've heard evidence that's come in,

4 CDPHE and Energy Fuels openly admit fundamental

5 documents in this proceeding, -- the environmental

6 impact analysis and the environmental report -- lack

7 fundamental basic components and analyses. The

8 department's regulations and Judge McMullen's

9 order -- and it's specifically Regulation

10 Section 18.4.1 that requires that the department

11 shall prepare a written analysis of the impacts of

12 the license activity on the environment which shall

13 be available to the public and for review by the NRC

14 at the time of this public hearing.

15 We don't have that here. No review by the

16 NRC. Instead of updating the EIA before providing

17 notice, CDPHE simply recycled a cookie cutter EIA

18 from 2010 similar to the way Cotter -- I'm sorry --

19 Energy Fuels used a cookie cutter approach from the

20 Cotter facility to prepare its materials. We'll have

21 this all in the briefing. But this entire strategy

22 undermines Judge McMullen's order which speaks in

23 terms of the CDPHE providing a comprehensive

24 environmental impact analysis. Here CDPHE, the three

25 people who are assigned uranium mills who don't have



1657

1 the resources to carry out their work, have fallen

2 dramatically short of the standard. The record is

3 infused with evidence of that.

4 And this is serious, deadly business. My

5 client, Sheep Mountain Alliance, has members living

6 all over this region. It's insulting and misleading

7 to be told that this is like an airplane ride. It

8 has permanent consequences for the Paradox Valley,

9 for Telluride, for the region. You've heard about

10 the unique, remote, inaccessible nature of Paradox

11 Valley. We're going to show through evidence in the

12 record that the owner of the Bedrock Store didn't

13 want this mill even if it might benefit her

14 economically. Those are comments that came in a

15 while ago.

16 You heard from people who were making

17 investments in this region. Solar's coming in.

18 There's some rhetoric that flows from talking points

19 prepared by Energy Fuels. But when you hear the

20 people who live here, when they get off the script,

21 you hear about an emergent amenity economy,

22 especially from what Mr. Vostatek at the Paradox Inn

23 had to say. There's mountain biking. There's things

24 coming up. There's people who want to invest in this

25 region. And I think that what we can see is on one



1658

1 hand, we have a sort of half baked, cookie cutter

2 approach to a uranium mill that's still built on the

3 economic mythology of the boom/bust economy. It

4 doesn't meet the technical standards. It could be

5 denied on that reason.

6 But the independent basis to deny this

7 also exists not just on the lack of good data and

8 good analysis on water supply and all the other

9 technical issues that we described and put expert

10 witnesses forward to talk about, but also the social

11 and economic attributes of this area. It's a special

12 area in all kinds of ways. Uranium mining is

13 important historically. It's not important

14 economically except as an anchor tied around folks'

15 legs based on promises of a new boom in uranium

16 mining that has already went bust.

17 So we look forward to briefing this and

18 providing some guidance through the records to

19 support our views and our claims and our issues. And

20 again, thank you for your patience and time. It's a

21 special place, very much a special place. And I

22 think it's deserving of all of our respect and

23 consideration, and we look forward to yours. Thank

24 you.




1659

1 MR. SANDLER: Yes. Thank you, Judge. I

2 also would like to thank you, Judge, and thank the

3 folks there in Nucla. I enjoyed my time there, and I

4 apologize that I could not spend the whole hearing

5 with you-all.

6 I'm going to keep this short. I know that

7 everyone there's probably tired and ready to get out

8 of there. Without the proper environmental analysis

9 and compliance with the law, the construction of this

10 mill is a great risk to our environment. Other

11 uranium mills and mines have led to serious

12 environmental problems, and we don't want to see the

13 same thing happen there.

14 There are many unanswered questions

15 regarding the environmental report, EIA, and this

16 mill's impacts on wildlife species. It is

17 disheartening that Energy Fuels did not present

18 Archie Reeve, the wildlife biologist who worked on

19 this project. Frank Filas told us that he would be

20 there. Frank Filas told us that Archie would answer

21 all the questions he could not. They did not follow

22 through with this. Was it because Archie is

23 incapable of doing any work in support of natural

24 resource development? Why is Archie being kept out

25 of the mix? Energy Fuels said he would testify.



1660

1 What else will they fail to follow through on?

2 There are many issues with the

3 environmental report and the environmental impact

4 analysis. These will all be detailed in our written

5 statement. Just briefly, the environmental report

6 and EIA were based on analysis of the wrong ecotones

7 present on this site. Analysis of endangered species

8 and candidate species such as the Gunnison prairie

9 dog, Gunnison sage-grouse, Colorado hookless cactus,

10 endangered Colorado River fish, and the Piping Plover

11 were not done correctly. Either that analysis was

12 lacking, or the surveys and analysis regarding these

13 species was incorrect. These documents fail to

14 analyze sufficient alternatives, cumulative impacts,

15 the effectiveness of mitigation measures, all issues

16 that should be analyzed before moving forward.

17 The surveys done to determine how this

18 will affect wildlife species were also inadequate.

19 As an example, the surveys for the Colorado hookless

20 cactus were done at the wrong time of the year.

21 Surveys for the Gunnison sage-grouse were also

22 inadequate. We know the species has been there, has

23 wintered there, yet all they did was go out on two

24 days in one winter and say they did not see any birds

25 or any castings from these birds. It does not fit



1661

1 the bill.

2 Judge Dana, we ask you to find this

3 application inadequate. For something as serious as

4 building a uranium mill, the right issues must be

5 analyzed, and they weren't. And the right process

6 must be followed, and it wasn't. For that reason,

7 this license should not move forward. Thank you.

8 HEARING OFFICER: We're done. It's that

9 simple.

10 (The hearing concluded at 4:49 p.m. on

11 November 13, 2012.)

12

13

14

15

16

17

18

19

20

21

22

23

24

25



1662

1 STATE OF COLORADO)

2 ) ss. REPORTER'S CERTIFICATE

3 COUNTY OF DENVER )

4 I, Janet Lee Priestley, do hereby certify

5 that I am a Registered Professional Reporter and

6 Notary 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 they were thereafter reduced

10 to typewritten form, and that the foregoing

11 constitutes a true and correct transcript.

12 I further certify that I am not related to,

13 employed by, nor of counsel for any of the parties or

14 attorneys herein, nor otherwise interested in the

15 result of the within action.

16 In witness whereof, I have affixed my

17 signature this 30th day of November, 2012.

18 My commission expires October 29, 2013.

19

20 ____________________________ Janet Lee Priestley

21 216 - 16th Street, Suite 600 Denver, Colorado 80202

22

23

24

25





Aabandoned 1636:20abated 1404:20abating 1595:23ability 1463:23 1472:81529:25 1569:101576:14 1590:19 1607:31607:4 1608:5 1656:1

able 1420:10 1424:221428:3,12 1455:161459:5 1475:1 1477:161480:24 1482:251509:10 1515:2 1524:111528:12 1557:241560:18 1595:6 1596:181605:5 1609:15 1615:81615:10 1630:221655:24

above-entitled 1389:17abruptly 1498:3absence 1404:2absolute 1487:18absolutely 1403:101422:20 1481:1 1505:11515:14 1598:2 1604:51604:9

absolutes 1487:231500:17

abundant 1602:8academic 1612:17,18Academy 1581:11accelerated 1544:221545:8 1573:8

accent 1600:5,6,7acceptable 1438:221555:1

accepted 1572:241581:16,18 1630:18

access 1400:12,161444:16 1447:151454:24 1455:171511:12 1557:22

accident 1402:141403:24 1404:7,10,111404:15,16 1405:51406:15 1410:20,251412:19 1417:6 1443:81446:5 1500:16

accidents 1406:8 1410:91436:9,12 1445:1,6,16

accommodate 1420:23

1421:11 1422:3accommodates 1421:13accommodating 1652:25accompanied 1427:1accompany 1425:2accompanying 1426:251434:18

accomplish 1572:14account 1415:18 1417:91423:4 1424:21 1426:21426:21 1432:20 1435:41439:4 1441:17 1443:191470:24 1473:4 1475:181618:22 1631:211644:17,19

accounted 1441:111444:24 1484:14

accredited 1581:14accumulate 1421:221439:19 1440:10

accumulated 1591:231593:8

accumulating 1438:15accumulation 1437:18accurately 1628:5achievable 1495:12achieved 1491:1acknowledge 1623:11acknowledges 1633:17acquire 1490:22acquired 1513:7acreage 1597:6acres 1395:22 1490:111532:21,23 1567:17,18

acronym 1562:13Act 1511:5 1564:51613:22

acting 1489:8 1518:41536:8

action 1390:12 1411:241449:14 1495:151496:11 1567:25 1568:21662:15

actively 1491:3,3activities 1413:8,141452:3 1496:14 1636:20

activity 1441:21 1492:151656:12

actual 1443:13 1453:251456:13 1482:241565:23 1636:5 1639:22

ad 1448:3add 1447:13 1534:181571:23

added 1492:24adding 1451:23 1535:191569:6 1572:13

addition 1494:211533:15 1552:121585:25 1613:8

additional 1397:121405:1,18 1441:131500:2 1521:7 1523:91523:21 1524:141525:16 1533:4,8,131537:16 1539:251540:25 1550:151621:20 1631:9 1648:7

Additionally 1437:201488:1 1492:17 1499:101524:4 1612:14

address 1399:24 1411:71438:21 1494:231495:18,23 1496:201498:21 1500:5 1502:81517:15 1522:7 1525:111526:10 1534:251579:24 1617:13 1623:9

addressed 1417:201448:2 1473:10 1495:11500:1 1527:23 1537:6

addresses 1413:8,141417:15 1454:251461:21 1623:7

adequacy 1407:13adequate 1409:19 1410:11410:7 1497:6,11

adequately 1438:211439:22 1455:7 1488:21502:8

adhered 1509:14adjust 1425:13adjusted 1572:1administration 1612:11administrator 1493:5admit 1476:16 1656:4admitted 1393:2 1415:211427:9 1474:5,9,191516:13,14 1580:241617:6,7

adopted 1396:8 1541:81655:25

adopting 1538:22adopts 1497:1,3advanced 1538:251587:18

advancement 1596:10adversarial 1449:18adverse 1511:3adversely 1529:22adverseness 1630:2advice 1468:10 1486:3,6AERMOD 1420:141421:11 1422:1 1424:101437:23 1452:141473:20

affairs 1390:6 1444:21affect 1436:23 1437:181448:14,25 1488:141529:23 1654:131660:18

affiliated 1467:3affirms 1415:15affixed 1662:16afford 1651:7afraid 1596:20afternoon 1514:231599:5 1614:5 1617:18

agencies 1401:20 1405:51417:23 1448:4,20,251449:10 1453:23 1454:61454:11 1472:1 1615:19

agency 1417:19,221506:7 1585:1

aggressive 1530:10aging 1544:22 1545:91573:8

ago 1415:9 1455:19,201478:17,19 1553:9,151558:11,22 1559:181586:17,17 1650:91657:15

agree 1422:6 1449:221452:5 1460:11 1478:141483:1 1485:10 1533:221534:12 1545:171552:19 1574:1 1630:41630:8

agreed 1399:9 1401:111420:21 1508:3 1526:21531:15,19 1534:221552:15,17 1647:21

agreement 1399:5,8



1401:12,15 1403:131411:15 1454:181461:17,24 1462:111463:11,12 1464:171466:12 1477:17,201478:1,21 1479:161480:15,17 1495:1,4,71495:25 1500:10 1501:71510:7 1552:14

agreements 1464:151467:9 1501:22

agriculture 1500:41613:7 1642:10

ahead 1414:6,7 1416:101504:17,18 1510:171511:16 1515:191562:13 1563:5,161565:24 1580:25 1599:11606:15 1611:201629:20 1652:13

aid 1404:2air 1395:25,25 1396:1,181396:21 1420:131421:15,15,17,231424:14 1436:2,4,191437:22 1439:5,8,111444:3 1452:17,18,221452:22 1453:181469:15,19 1470:211471:18 1473:1,241474:14,15 1478:71491:7 1492:18 1494:41497:7,8,13,18 1498:11498:17 1504:8 1562:161564:5 1589:16,18,181613:22

airborne 1491:9 1499:20airplane 1657:7airport 1419:2,121457:21

air-to-air 1499:22air-to-soil 1499:22air-to-water 1499:23alas 1480:16algorithms 1497:20alleviating 1555:17Alliance 1390:14 1497:21508:1 1509:14 1580:101580:12 1607:14 1657:5

allocation 1612:24allow 1485:17 1493:3

1551:23 1579:241611:16 1624:8

allowed 1530:16allowing 1394:18alluvial 1537:8 1552:1alluvium 1550:7 1551:11551:10

aloft 1421:6aloud 1528:6Alpine 1494:2alternate 1394:15,191552:22

alternative 1480:91537:14 1538:5,51539:13 1559:131561:10,19 1630:6

alternatives 1546:1,3,61630:19 1660:14

altitude 1419:13 1595:15amazing 1451:4,5,7,7ambient 1437:25AMEC 1513:15amenable 1447:17amend 1397:11,141495:7

amenity 1636:15 1657:21American 1612:11Ames 1397:22 1405:20amount 1399:15 1444:11444:15 1517:23 1518:31518:4,19 1525:19,201536:8 1542:13 1550:131551:8 1570:9 1571:251574:5,15 1575:31586:4

amounts 1438:141574:12

amplify 1525:15analyses 1434:16 1458:11555:10 1613:14 1656:7

analysis 1419:10,151420:2,11 1423:6,151427:3,10 1431:141436:18 1438:5 1439:231441:18 1443:1 1447:171448:11,12 1450:191456:2,4,5 1470:201471:17 1472:241479:22,22 1480:1,2,111497:10 1499:4 1505:91603:6 1604:8 1614:7

1614:17 1615:241617:20,22,23,241618:5,21 1620:221622:5 1626:16 1628:121628:17 1630:10,10,151631:2,11,12,171632:23 1633:19,20,211635:22 1636:221638:10 1639:18 1656:61656:11,24 1658:81659:8 1660:4,6,7,11,12

analytical 1548:1analyze 1395:12 1424:231456:2,6 1457:221552:8,10 1575:13,141660:14

analyzed 1407:141423:10,12,22,241477:3 1484:3 1499:101575:10 1604:4 1660:161661:5

anchor 1658:14and/or 1496:8Ann 1517:7annual 1419:9,23annulus 1601:15,16answer 1413:20 1504:171504:18 1541:12 1542:61551:24 1556:231558:17 1629:18 1641:91641:12 1643:1 1659:20

answered 1406:51481:17 1557:5

answers 1487:17anticipate 1407:23anticipated 1530:101532:6

anticipating 1649:9anybody 1458:1 1486:111493:15 1506:171510:25 1515:181557:13 1577:2,171591:12 1609:221622:13 1639:3 1647:10

anyone's 1407:13anyway 1557:18 1590:251591:17

APCD 1436:19 1438:181438:19 1484:9

apologize 1659:4apparent 1448:3 1493:20

apparently 1398:21,221402:20 1417:22 1419:41436:17 1444:6 1588:8

appear 1445:25 1500:131655:6

appearance 1586:191651:13

APPEARANCES 1390:11391:1

appeared 1431:10Appearing 1390:7,14,181390:23

appears 1424:14 1436:101448:4 1449:16 1484:51655:22

appendix 1402:201413:6 1532:3

applicable 1403:191433:15 1465:9 1466:61478:23 1479:6 1603:11603:4

applicant 1449:18application 1389:51393:5 1394:17 1395:141397:11 1398:4 1399:231399:24 1400:12,241401:9 1402:10,181403:12 1413:3 1438:201448:8 1454:21 1456:191457:2 1458:23 1494:221495:22 1496:22 1497:61497:8,10 1498:211499:3 1500:1 1505:51546:9 1579:4,161580:16 1585:5 1611:21611:5 1628:21 1655:171655:19,21 1661:3

applications 1402:251436:4 1520:2

applied 1474:8,221602:15 1632:15,171636:23

applies 1467:1 1547:5apply 1449:11 1455:131484:13 1640:1

applying 1635:9appointed 1418:1appreciate 1423:191459:3 1469:8,111470:4 1473:18 1481:191503:19,20,23 1506:13



1511:14 1564:12 1600:41648:2 1653:3,191655:1

appreciates 1652:5appreciation 1435:191652:23

apprentice 1467:16apprenticeship 1464:11464:11 1467:14

approach 1423:3 1424:51627:1 1656:19 1658:2

approaches 1441:1appropriate 1404:3,161421:3 1462:23 1502:221502:25 1508:5 1520:21537:18 1546:9 1566:19

approval 1466:7,91495:21 1496:21 1564:9

approve 1500:20approved 1397:181491:6 1493:21 1497:16

approves 1397:3approving 1417:19approximately 1586:21634:18

April 1418:23,23aquifer 1585:11 1586:23arbiter 1389:1 1409:15Archie 1659:18,20,22,24Arctic 1494:1area 1397:19 1405:31406:11 1418:251431:19,24 1435:8,211440:24 1441:231447:13 1472:3 1474:61474:12 1476:211477:10 1480:211482:20 1484:121532:22 1543:191551:13 1555:151576:11,19,23,241582:1 1585:8,221596:16,16 1619:18,211620:3,5,9,10,15,17,191620:23,23,25 1621:11622:2,4,11,11,23,241623:20 1625:151626:20,24 1627:17,181627:20 1628:8 1630:71631:5,10 1635:21640:12 1642:8 1644:25

1645:5,6,10,18 1653:231654:8,11 1658:11,12

areas 1409:20 1410:181425:23 1437:18 1446:31476:14 1478:231483:19 1492:191552:13 1569:12 1614:91629:14 1630:15 1631:11633:8,9

area's 1621:20Argonne 1451:21,25argue 1561:11argued 1508:15 1531:12argument 1509:231541:13 1611:161651:25

arguments 1496:241511:25 1580:1

argument's 1576:7Arizona 1612:13ARRA 1491:20array 1466:14arrive 1404:12arrived 1477:20arroyos 1591:8,12article 1463:1 1464:251465:2 1467:17 1468:11478:17 1492:19 1496:41496:6 1545:13 1642:3

articles 1472:14 1526:191545:7

articulated 1534:5asked 1397:20,211399:18 1402:6 1406:51418:3 1438:7 1462:61473:20,21 1475:71476:3 1477:14 1505:141557:5 1575:19 1624:151639:7 1640:6 1641:151653:14

asking 1445:24 1452:7,81458:4 1459:10 1464:201465:15 1466:201475:18 1501:14,161581:2 1621:3 1646:15

aspects 1417:24 1442:3,61448:14,25 1459:251469:16 1471:101516:25 1517:4 1542:31546:25 1610:7

Aspen 1632:10,20

1633:25 1634:6,8,10,121634:14,15 1635:221636:1,4,8

Aspen's 1632:4asphalt 1408:11aspirations 1490:8assembly 1487:121489:9

asserted 1580:19assertion 1449:151525:24

assess 1424:16,18 1440:11440:3 1582:22 1628:5

assessed 1404:161442:15 1484:17

assessing 1421:201613:4

assessment 1420:211421:25 1435:24 1436:61436:12 1445:1 1452:221475:9,12,16,17 1476:41527:21 1612:221619:25 1643:4

assessments 1613:181615:18

assessor 1629:2,7,17assigned 1656:25assist 1469:25assistant 1390:22 1582:3assisting 1468:24 1517:31517:4 1615:14

associate 1513:9associated 1397:121400:13 1421:13 1423:91433:1,4 1443:251446:8 1459:19 1475:51488:5 1518:20 1532:41538:15 1554:121612:22 1619:5,9,17,191620:6 1621:17,221622:8,16,21 1623:41625:9,20 1626:201628:4,6 1631:4 1634:71641:9

Associates 1393:41513:8,13 1516:251552:25 1580:13

Association 1490:191584:24,25

assume 1407:4 1453:111489:21 1503:2 1556:15

1592:5 1597:5 1604:61650:11,18

assumed 1439:6 1519:51563:7 1597:3

assumes 1497:201565:12 1631:2

assuming 1397:21476:25 1592:8

assumption 1556:20assurance 1541:171542:14,23 1567:1

astounding 1443:22astrophysical 1583:24atmosphere 1444:211448:19 1589:4,41595:14

atmospheric 1426:51442:21 1453:18 1460:41470:9 1588:23 1589:21598:6

Atomic 1511:4 1585:1attached 1580:18attacking 1442:12attempt 1419:1 1528:141630:1 1633:10

attempted 1493:11555:20

attempting 1629:18attempts 1447:1attendance 1505:6attended 1487:8,9attention 1515:8 1526:161581:5

attest 1418:11attorney 1390:21,221470:14

attorneys 1599:131662:14

attract 1623:20 1625:15attracted 1441:24attractive 1442:2 1556:251561:18,20,22

attributes 1658:11August 1450:18 1480:31485:1 1497:22 1508:11509:13

auspices 1583:19Australia 1513:11 1514:5author 1609:13 1610:61610:23

authored 1514:10



authorities 1422:13authority 1418:2 1449:81491:22

authors 1448:9 1611:71625:17

availability 1447:161493:12 1585:12

available 1410:241415:23 1420:1,1,51435:25 1436:1 1445:191446:6 1484:18 1508:161509:25 1533:171543:15 1550:4 1551:141552:10 1557:211573:12 1610:8 1642:111650:19,22 1656:13

Avenue 1390:10average 1396:24 1400:41418:13,13 1424:15,161424:20 1425:5 1428:51428:22 1429:9,11,191429:21 1431:1 1432:231433:15,19 1434:2,221439:18 1475:4,51629:10,12 1632:9,111634:13

averages 1419:7,81474:25 1484:15

averaging 1428:11avoid 1529:8await 1650:12award 1464:11aware 1396:22 1420:41425:1 1475:11 1477:201477:22 1502:18 1506:61510:23 1519:2 1526:101543:17 1563:18,201614:12,16,20 1643:1,21643:3 1646:4

awesome 1489:20awful 1435:7 1445:24azimuth 1422:7a.m 1389:19 1427:24,241469:4,4

BB 1408:17bachelor 1612:8bachelor's 1512:20back 1397:13 1413:191423:16 1425:15

1429:12 1433:21 1434:91435:5 1436:20 1442:111449:21 1464:20 1471:71471:24 1473:15 1507:51507:11 1508:241512:13 1522:251534:21 1539:171540:13 1542:1 1558:101568:12 1571:3 1596:61606:25 1608:171611:14 1628:1 1637:151637:25 1647:12 1650:91653:21

background 1405:31512:19 1571:2 1581:41581:9 1607:5 1612:71613:12

back-and-forth 1449:23back-dooring 1510:11bail 1604:9baked 1658:1Baker 1390:2 1450:24balance 1532:4,9ball 1439:13 1572:231575:17

balls 1531:20 1570:6,8,101571:7,18,21,23 1572:11572:8,12,13,20,251575:21 1576:4,15

banks 1613:19bar 1589:3Barnes 1392:9 1481:211481:23 1486:17,19,221487:4,23 1506:19

barrier 1526:21 1527:61527:24

Barriers 1527:22base 1481:13based 1421:22 1444:171444:22 1448:171469:14 1470:8,191487:24 1488:3 1500:81503:6 1508:20 1511:41520:19 1521:211527:17 1528:2 1532:151536:23 1540:9 1544:201545:10 1546:14 1548:71549:14 1557:23 1558:11586:16 1587:23 1620:31621:2,24 1623:141625:6,16 1628:25

1629:5 1630:11 1634:191655:22 1658:15 1660:6

baseline 1391:2 1397:101492:4 1493:2

basic 1403:21 1418:181470:10 1557:14,18,191656:7

basically 1415:24 1474:41487:16 1496:2 1501:211502:15 1509:6 1526:181544:23 1554:171565:12 1567:11 1627:61633:1

basin 1408:11 1436:241438:25 1481:16

basis 1400:9 1471:171501:11 1528:13 1572:21617:21 1649:8 1658:6

beach 1476:8,13,191477:1 1484:22 1571:101571:15,16

beast 1559:3beautiful 1489:25beauty 1441:24 1489:17becoming 1498:23bed 1402:2Bedrock 1471:8 1639:4,71639:15 1657:12

beef 1446:9began 1491:2 1552:21beginning 1389:191415:7,8 1453:21652:16

behalf 1390:7,14,18,23believe 1400:11 1403:171412:21 1438:241446:17 1450:171451:10 1452:151457:21 1459:17 1462:71477:8,24 1479:201483:23,25 1484:71495:22 1497:5,101499:25 1507:141510:15 1518:8 1526:171530:6 1536:15 1537:91540:10 1541:101542:16 1545:201557:21 1562:22 1575:71589:25 1603:181605:17 1608:141609:22 1616:16

1620:21 1622:17 1626:21649:11 1650:21

believed 1617:20believes 1618:11belts 1535:19beneath 1523:21benefit 1488:12 1618:211657:13

benefits 1524:7 1569:9bentonite 1529:21,251530:2

berms 1576:14best 1428:2 1446:201447:18 1474:23 1478:61484:24 1487:191500:18 1536:4,171540:7,16 1543:21581:5 1642:1,221655:18

bet 1458:15better 1395:21 1436:141447:16 1489:221520:10 1522:21,231526:24 1534:7 1540:31540:24 1541:7 1543:21543:5 1553:23 1560:181561:25

beyond 1422:25 1498:61510:6 1523:10 1524:241525:17 1541:221553:20 1569:111633:19 1646:16

big 1401:17 1442:91460:6,18 1483:111575:17 1589:1 1594:11645:6,17

bigger 1400:17 1419:12biking 1657:23bill 1661:1binding 1477:21Biological 1390:19biologist 1659:18bird 1531:3,10,12,15,201531:20,25 1532:5,101532:17 1534:22 1535:31570:6,8,10 1571:6,181571:21,23,25 1572:81572:12,13,23,251575:17 1576:4

birdbath 1483:8birds 1432:10 1531:22



1570:7 1660:24,25bit 1408:10 1417:131418:2 1429:1 1433:181440:7 1450:13 1451:141454:17 1488:181491:13 1505:10 1521:31525:15 1533:2 1542:151550:23 1565:251621:14 1624:171640:16

biweekly 1496:6black 1430:7 1467:181474:20 1524:121548:22 1568:22 1569:41569:14

Blanding 1629:4,14blank 1402:21 1479:18blew 1430:15 1531:5BLM 1615:19blocked 1435:14,14Bloomstran 1609:121615:2

blowing 1434:21 1484:11595:23

blown 1576:8 1589:18boaters 1489:19bodies 1404:19 1590:251591:3

bond 1397:21 1398:51500:8

bonding 1405:18book 1527:19,22 1528:11555:23

bookkeeper 1490:5boom 1658:15booms 1441:23boom/bust 1658:3bootstrapping 1509:7bore 1585:25 1586:3,201587:4 1589:5 1597:241598:3 1600:8,9,12,141600:23 1601:11

borings 1593:20bothering 1646:11bottom 1523:21 1550:141567:6 1587:10,221592:2

bought 1654:6Boulder 1391:3Boulevard 1390:6boundaries 1585:10

boundary 1421:5,141432:13 1586:22

box 1390:13 1474:201548:22

Bozeman 1612:19branch 1449:4branding 1445:21break 1414:5 1427:251456:13 1458:9 1502:131502:20,24 1503:1,41507:2,11 1600:2,3

breaks 1599:21,23,24,25BREEZE 1437:23brief 1654:24briefing 1656:21 1658:17briefly 1422:15 1432:191513:14 1514:9 1516:201570:25 1619:16 1660:5

briefs 1648:15brine 1582:21,21bring 1412:14 1450:21508:17 1510:151526:15 1609:161645:21

bringing 1610:8broader 1631:10broken 1415:24brought 1442:14 1447:201458:18 1484:11 1515:81606:19 1607:121626:15

budget 1481:2 1490:31618:21

Buena 1583:10build 1400:16 1642:7building 1442:24 1504:21661:4

buildings 1443:6build-out 1491:25built 1407:19 1488:241493:4 1658:2

bullet 1411:20 1412:5,91412:17

bullets 1411:25 1462:21478:16

bunch 1403:5burden 1441:15 1508:221511:5

Bureau 1642:9bureaucracy 1408:251449:5

business 1406:221449:10 1502:4 1612:111623:8,15 1625:11,151639:15 1642:101643:20 1657:4

businesses 1623:20bust 1658:16buyer 1406:21buyer's 1406:23buying 1654:16byway 1441:4,6B-a-r-n-e-s 1486:23

CC 1390:12 1394:1cactus 1660:9,20calculate 1444:17 1593:6calculated 1418:181423:9

calculates 1422:2calculation 1421:191423:7 1483:5 1565:11

calculations 1526:23calendar 1496:7calibrate 1532:9California 1613:10call 1406:17 1407:2,21430:20 1439:5 1508:61508:13,14 1510:19,221579:11 1597:251607:22

called 1410:23 1419:161424:2 1430:12 1487:81493:12 1508:8 1556:61556:15 1578:181586:12 1588:241607:23 1612:201619:25 1623:171645:20

calling 1507:20,211577:23

calls 1650:14calm 1432:13 1434:21CalPuff 1423:4Canada 1514:5candidate 1420:251424:23 1660:8

Canon 1633:6 1639:25canyon 1419:11 1442:91458:24 1491:16 1495:61653:25

cap 1564:6 1574:5capability 1410:81427:18 1430:18

capable 1404:11 1435:2capacity 1505:18 1568:3capital 1565:8caps 1555:7,9captured 1440:4carbon 1490:24care 1407:5 1410:2,81502:3 1544:7 1568:61651:3

career 1513:5careful 1480:6carefully 1413:201500:22 1561:161653:14

Carolina 1623:18Caroline 1393:3 1451:21580:11

carried 1494:19carrier 1404:5 1412:3,6carry 1657:1carrying 1445:5 1463:15cars 1445:2case 1400:18 1406:171410:19 1421:16,231428:4 1433:16 1434:241438:1 1464:1 1481:151497:24 1500:11 1506:51508:22 1509:8,151518:22 1522:9 1531:91557:22 1558:9 1562:221572:3 1607:6 1610:51650:24,24

cases 1410:14 1433:8,81433:24 1434:6 1481:151520:21,22,24 1521:1

casing 1601:17,18,20,241602:16

castings 1660:25casual 1432:1catastrophic 1431:8catch 1423:21 1438:12category 1538:16cattle 1645:18cause 1416:13 1422:91578:11 1587:25 1588:71602:16 1611:23

caused 1589:10causes 1503:9



causing 1435:2CDC 1476:1CDOT 1443:23CDPHE 1394:18 1397:31397:8,21 1399:141417:22 1418:6 1437:221446:17 1449:16 1452:31454:22 1471:241477:21,23 1488:11490:21 1491:231493:11 1496:7,121497:17 1498:20 1499:51500:25 1501:6,251505:9 1533:12 1535:11552:7 1553:11,141557:21,24 1618:21655:8,14 1656:4,17,231656:24

CDPHE's 1395:21456:17 1497:19

cell 1457:3 1459:181523:21 1539:15,181540:4 1543:25 1546:171563:22,23 1564:11568:15 1570:7 1576:16

cells 1459:16,24 1460:121460:16 1482:191532:23,25 1546:221547:5,13 1548:171557:4 1570:6,10,12,181573:18,22,23 1574:191574:22 1585:201596:14

census 1632:13,201642:9,10

Center 1390:10,181612:19,21

centimeters 1519:81565:19,19 1566:81592:10 1593:1,2

certain 1495:9 1542:31588:15 1591:23 1597:11597:5,14,15 1598:2,2,5

certainly 1397:11 1409:91465:11 1483:4 1487:51510:5 1512:20 1513:31513:22 1514:101516:22 1517:171518:17 1520:221529:13 1530:151531:18 1534:4,12

1535:1 1543:12 1558:181594:16 1604:11 1643:21644:19 1645:1

certainty 1533:25 1536:11536:12,16 1562:221575:8

CERTIFICATE 1662:2certified 1412:12certify 1662:4,7,12cetera 1418:20cfs 1565:4chair's 1414:9challenged 1420:8chance 1469:10 1478:201512:12

change 1630:9,13changes 1605:4changing 1633:25channel 1525:21character 1428:6,181429:24 1430:6 1445:8

characteristics 1425:8characterization 1407:81546:14,15 1582:1,201584:1 1585:8

characterize 1417:31473:11 1550:211585:19,24 1600:15

characterizing 1558:11charge 1446:15 1511:6charged 1417:23chart 1447:4 1453:221454:10 1538:14

charts 1538:9chatted 1650:8cheaper 1450:4checked 1457:13chemical 1443:101549:10

chemistry 1548:111549:9

cherry-picked 1636:141636:18

cherry-picking 1528:10Chicago 1583:21children 1489:1,23Chmura 1623:16choice 1626:14choose 1495:7 1561:241648:14,14

choosing 1561:1

chose 1493:22 1495:3,201508:25

chosen 1560:20chunk 1460:6CH2M 1554:1,2 1557:81557:13 1655:20

circuit 1548:8,18 1549:11549:2,23

circulate 1621:19circulated 1415:6circumstances 1447:191476:14

cite 1456:13cited 1395:5 1633:1,2,3,4citing 1592:2citizen 1409:16 1416:11437:1 1438:8 1444:221447:3 1448:13 1449:161450:17,20 1457:251473:8 1652:19 1653:15

citizens 1403:2 1436:171438:17 1457:12,241654:21

citizen's 1438:13,131445:14

City 1621:6 1633:61639:25

civil 1512:23 1514:19claim 1444:20claims 1488:10 1658:19clarification 1519:12clarify 1394:16 1411:31415:5 1521:17 1544:91580:9 1618:15

clarifying 1473:19clarity 1411:16 1550:121655:16

class 1489:5 1492:19classify 1590:3clay 1519:2,3,5,6 1520:11520:1,4,7,10,11,241521:5,12,15 1522:151522:24 1523:1,1,2,5,61524:17,18,21 1527:121529:21 1538:7 1544:81565:18 1574:14

clay-only-liner 1538:5Clean 1564:5 1613:22cleaned 1408:15 1654:4cleanup 1405:2,21406:19 1407:12

1408:18,24 1654:1cleanups 1500:11clear 1438:7,8 1439:7,111449:11 1493:15 1520:71642:6

clearly 1402:25 1411:221450:18 1522:3,111532:2 1554:11 1629:71632:11 1634:6

clerk 1481:4 1488:20client 1657:5clients 1513:24climate 1416:25 1418:121418:22,25 1419:251438:22 1447:12

climatic 1551:6clock 1652:14close 1430:9 1434:71436:22 1438:7 1445:91449:17 1480:191606:21 1629:4 1632:101635:25

closed 1402:3 1509:171610:5

closest 1421:17 1635:2close-knit 1490:6closing 1392:23 1652:4closings 1647:21 1648:12closure 1573:18,211574:4,13,20 1575:1,31577:8,10,14

Clyde 1513:6,6Coalition 1390:191494:3

coal-fired 1494:8coastal 1613:6coating 1524:6,10,131540:2 1569:3,5,7,12,14

coauthored 1514:10code 1620:23,24 1621:11622:22 1631:5 1641:211641:22,23 1642:5,13

coffee 1447:7 1653:2cogent 1649:19coherent 1449:7cold 1607:5colleague 1525:21collect 1547:25collected 1598:8 1605:3collecting 1600:24collection 1489:10



1518:2 1522:14 1536:71539:22 1567:15 1568:31569:20 1590:4

colleges 1613:9colon 1465:22,23color 1569:25Colorado 1389:21,251390:4,7,11,13,17,19,231390:24 1391:3 1408:91409:3 1416:2 1417:181441:3 1443:23 1454:231457:6 1488:22 1490:51491:5,22 1492:171494:5 1513:4,161516:5 1583:7,81584:24 1610:131613:17 1631:241632:21 1634:10,12,131636:9,13,15,19 1653:61653:9 1660:9,10,191662:1,6,21

Colorado's 1494:11653:11

colorful 1504:21combination 1556:7come 1400:7 1414:141440:12 1447:221453:25 1501:10,171502:2 1503:10 1508:241528:24 1529:1 1588:181589:13 1595:17 1596:61598:19 1626:9 1631:161637:5 1640:3 1644:241645:16 1649:7 1653:241656:3

comes 1432:17 1548:7,151548:16,19 1551:91569:4 1648:24 1652:8

COMET 1426:3coming 1416:21 1441:21481:19 1503:191512:13 1530:221546:19 1549:1,15,191642:9 1657:17,24

comma 1420:2commend 1653:19comment 1418:8 1458:171472:19 1493:10 1521:81531:17,18 1543:4,201548:23 1549:4,241550:11,20 1556:19

1568:14 1571:16 1572:61572:11,22,23 1575:81576:10 1641:151647:13,23

commented 1456:241529:14

comments 1493:171497:19 1500:23 1504:71505:14 1516:3 1517:111563:21 1570:4 1647:251648:6,8 1657:14

commission 1451:191618:2,17 1662:18

commissioning 1464:8,9commitment 1472:15committed 1409:10common 1444:221498:23 1602:11

commonly 1419:21communicate 1650:18communicated 1410:6communication 1408:221614:20

Communications1390:5

community 1487:7,15,161488:22 1489:6,101490:2,7 1500:171504:1 1623:15 1625:11

compacted 1527:12companies 1615:14company 1491:18comparable 1629:13compare 1419:1 1541:201543:10 1561:231630:16 1632:4

compared 1632:201634:10,12 1635:5,24

compares 1519:61565:17

comparing 1630:251631:23 1633:13

comparison 1419:5,61633:11,12 1636:13

comparisons 1417:11493:3

compatibility 1529:151529:18,20 1530:3,91548:6,10 1549:11

compelling 1395:19compensated 1472:11,12

1472:13compensation 1614:13competency 1547:18competing 1631:15compiled 1419:17complaint 1655:17complete 1462:4 1530:251534:2 1535:25 1572:151572:17

completed 1405:31512:25 1513:3 1533:201564:1 1612:14 1616:191624:12,13 1628:151655:20

completely 1431:131485:1 1531:5

completion 1524:11566:25 1602:8

complex 1420:18,241421:11 1431:171448:18,21 1449:131474:9,13,14,15 1479:2

complexified 1479:1complexifies 1467:9,111467:24

complexify 1479:10complexity 1453:5compliance 1465:81466:5,14 1659:9

comply 1613:22component 1521:151564:8 1655:25

components 1544:151548:24 1656:7

composite 1517:241520:8 1521:6,8,10,251522:16,21,22 1526:231527:1,8 1538:6,8,101540:15 1544:7,13

compound 1555:25comprehensive 1447:11497:11 1656:23

comprised 1489:6compromise 1485:24computer 1414:111637:12

computers 1424:5concentrate 1653:5concern 1409:13 1436:171438:13,14 1455:231461:9 1463:3,7 1473:6

1473:7,8,12 1493:91500:6 1505:3 1529:191529:22 1534:231555:17

concerned 1407:31409:16 1416:24 1417:21460:3 1487:14,171491:8 1495:9 1498:171499:17 1505:6 1546:241551:11 1572:24 1607:7

concerning 1471:191478:7 1488:13 1489:251515:9 1546:11 1557:141561:25 1599:131614:17,21 1625:81627:20 1628:22 1637:8

concerns 1409:241453:21 1461:221483:12,23,25 1487:71500:1,2,7 1501:71602:22

concluded 1507:111526:4 1648:6 1661:10

concludes 1648:11conclusion 1452:7,91466:21 1475:19,231522:2,7 1528:1

conclusions 1419:61618:8 1625:18 1626:251627:7,20 1637:51643:16 1648:17

concurs 1498:20condition 1426:71550:22 1552:2

conditions 1416:231417:3 1422:4 1425:221428:3 1431:8 1432:141434:12,14 1435:101443:11,13 1445:121446:9 1466:7,81482:16,21 1483:121484:1 1498:8 1552:1,4

conducive 1560:23conduct 1496:11 1509:161603:6 1615:20 1632:81643:17

conducted 1483:211505:9 1530:3 1544:211582:16 1603:16 1604:71612:23 1613:2,181631:12



conducting 1613:14conductive 1523:23,241540:1 1542:17,18

conductivity 1530:21conducts 1615:17Cone 1645:22 1654:10conferencing 1408:22confirm 1533:12confused 1453:2 1485:4confusing 1424:8 1447:4confusion 1446:14,161454:14

Congo 1512:13congratulate 1450:16Congress 1655:25connected 1450:25consequence 1589:23consequences 1473:1,11474:19 1657:8

conservation 1490:9,121490:18,19

conservative 1530:11consider 1453:171500:22 1516:171587:12 1593:2 1596:221648:15 1649:20

considerable 1461:12consideration 1480:221483:4 1622:5 1652:81658:23

considered 1443:201446:21 1563:191587:15 1597:1 1601:91645:9

considering 1538:211613:19

considers 1499:2,221564:5

consistently 1494:6consists 1539:21consolidated 1558:22Constance 1585:14constituents 1549:10constitutes 1662:11construct 1491:211532:24 1574:20

constructed 1409:61491:7

construction 1397:221405:20 1444:10 1659:9

consult 1457:4 1535:2

consultant 1420:161431:22 1476:18

consultants 1513:61515:1 1550:10 1633:5

consulting 1513:171515:9 1531:20 1582:51585:15 1605:17 1619:91619:13

Consulting's 1515:11516:3

consumed 1499:21contact 1404:6 1409:3,8,81517:21 1520:6,101523:6 1557:13 1594:121596:4 1603:10 1604:21

contacted 1404:9 1454:7contain 1403:20 1435:121560:19 1628:20

contained 1480:9 1534:71588:14 1626:2 1631:5

containing 1402:4containment 1496:51516:3 1527:22 1534:15

contains 1402:101403:13 1434:22

contaminant 1496:131526:21 1547:20,231593:7,17

contaminants 1527:31551:10

contaminate 1491:11contaminated 1483:191490:2

contamination 1500:131543:18 1591:6

contemplated 1511:17content 1554:17contents 1655:16context 1448:22 1452:171454:5,24 1472:171484:7

contiguous 1590:251591:3

continent 1498:12continental 1498:7contingency 1532:12continue 1510:4,61519:22 1578:17 1582:61594:2

Continued 1391:11393:1

continuous 1556:6,15,221590:24 1595:16

continuously 1517:2continuum 1590:24contract 1407:18,201491:18 1493:4 1552:251614:16,22,24

contractor 1407:171410:20 1412:8,81483:1

contractors 1400:71407:16 1620:12,25

contracts 1407:23contrary 1488:11contrast 1596:21contrasted 1526:11contribute 1555:16contribution 1488:3control 1395:2,251396:17,18 1404:211436:19 1437:221452:17,22,23 1461:121541:17 1542:9,14,231555:14

controlling 1497:7,71526:25

controls 1396:14controversy 1595:3convene 1449:6conventional 1395:201554:22 1555:17

conversation 1604:251650:2

convert 1420:7,9converted 1491:15convinced 1653:15,17cookie 1656:17,191658:1

cooperating 1506:7cooperation 1511:14coordinated 1409:111494:3

copacetic 1479:15copies 1528:18copper 1581:23copy 1414:19,20,211422:19,21,22 1461:241462:21,23 1510:81516:8 1611:9 1624:141637:22

copying 1447:15

corners 1498:11corporation 1488:131513:7

correct 1395:8 1396:221399:6,7,12,16,171405:20 1406:9 1407:61407:8,25 1413:1,9,151416:9 1444:16 1449:151451:1,12,20,21 1452:31452:18,19 1456:31458:20 1460:10 1463:81463:9,17 1466:251469:16,17,21 1470:111470:22,23 1471:191472:3 1473:17 1474:161476:9 1477:4 1478:81479:24 1480:3 1482:151485:3 1486:8 1490:251504:3,3 1505:4 1506:91507:13,16 1515:131516:6 1517:8,91521:19 1525:13,14,251529:16 1530:15 1537:41538:1,18 1540:61541:9 1542:24,251543:3,8,11 1544:17,181545:4,5 1546:2,121547:6,14 1548:221549:3,15 1551:2,181552:9,16 1557:11,151557:25 1559:6,151560:15 1561:10,251562:8,20,21 1563:241564:9 1565:10 1568:251571:7,19 1577:9,14,151591:4,13,19 1595:201599:6,10,11,141600:11 1601:8,91602:21,23 1603:3,81604:15 1605:6 1614:71615:3,8,12,13,15,241627:8,12,21,241628:10,23 1630:7,121630:24 1632:6,231636:17 1637:5 1638:211639:5 1640:7,12,171662:11

correction 1496:11corrective 1495:15correctly 1407:12 1504:91514:8 1573:6 1660:11



correspondence 1426:10corresponding 1589:7corruption 1567:5Cortez 1644:23 1645:3cosmic 1583:25cost 1618:21costs 1516:4Cotter 1656:18,20Cotter's 1633:6couched 1478:15Council 1526:15 1527:20counsel 1496:17 1528:221624:16 1648:8 1649:181662:13

counsels 1511:14counter 1531:24counters 1455:10counties 1409:181410:14 1440:201464:14 1467:8 1481:14

counting 1514:8country 1418:16 1490:101581:15 1655:3

county 1396:24 1397:141399:6 1401:13 1409:161409:17 1410:161416:17 1437:10,121454:19 1463:13,19,201463:23 1464:7,91465:6 1466:8,13,221467:2,4,7 1468:31477:16,19 1478:211479:8,9 1489:6 1492:41495:2 1496:1 1501:151516:5 1619:8,131620:20,20,24 1621:91629:1,2,3,7 1631:6,8,81642:10 1645:1,2,3,91662:3

couple 1405:15 1420:31435:10 1461:251475:15 1478:17,181500:7 1503:12 1515:41524:7 1526:16 1552:191558:13 1570:4 1598:221626:4 1635:19 1650:9

course 1461:15 1468:231511:10,15,25 1513:201513:20 1520:25 1553:81553:14 1554:3 1655:24

courses 1613:9

court 1403:4 1418:81469:2 1518:11 1519:101581:6 1637:18 1649:4

courtesy 1469:2cover 1395:21 1402:51476:15 1554:251555:12,16 1556:6,161556:22 1571:9,15,191571:22,23 1572:8,9,121572:15,17 1574:4,131574:21 1575:1,31577:8,11,13 1608:161609:3 1610:11

covered 1402:1 1410:101410:13 1417:131421:25 1476:9 1477:11569:13,16

covers 1406:8 1464:17cowboy 1434:13cows 1645:21 1646:11co-extruded 1569:4co-op 1419:4 1457:11,121457:15

cracks 1408:20Craig 1420:16create 1576:17 1621:20created 1618:25 1626:7creating 1525:9credentials 1448:9credit 1555:21creek 1408:11 1491:11Crescent 1558:4,6,9,251560:3,5 1561:4,17,17

crew 1445:15,25criteria 1432:23 1434:51466:10 1530:20

critique 1447:17cross 1450:6 1519:141594:19

cross-examination1392:7,8,8,10,11,14,141392:15,18,18,21,221420:15 1438:2 1450:91469:6 1474:4 1475:211482:2 1501:4 1503:151511:4 1531:5 1535:121551:23 1564:23 1571:41595:1 1599:2 1627:41640:22

cross-examine 1511:6,71529:3 1607:15

cube 1426:18 1436:10cubes 1565:4cull 1433:16culled 1432:22cum 1512:22cumulative 1440:5,6,181471:1 1660:14

cup 1598:1curious 1564:25current 1394:16 1412:61487:25 1532:15 1539:11577:13 1614:16 1622:11655:12

currently 1460:191489:12 1491:231513:18 1521:4,201532:21 1562:9

cursorily 1447:11,11cursory 1457:23curtailment 1495:13Curtis 1390:5curve 1430:6,13cut 1516:15cutter 1656:17,19 1658:1cuttings 1589:17CV 1514:6 1578:251608:16

cyanide 1521:9,11,171544:7

cycling 1569:22

DD 1390:3 1392:1 1393:11394:1

daily 1436:7 1462:31478:16

Dakota 1583:19Dallas 1644:5damage 1424:13,181435:2 1488:1 1502:61503:10

damaging 1488:2damn 1644:7Dana 1389:18 1463:251500:21 1652:23 1661:2

dang 1430:9dangerous 1410:31441:8 1446:2

Daniels 1390:2 1420:101450:24

dark 1570:1

data 1416:24,25 1418:221419:9,19,24,25,251420:4,9,11 1421:21424:15 1429:151432:22 1434:201443:13 1447:16 1457:21459:2,11 1474:21,221484:18 1493:3 1546:111552:10 1626:241628:20,21 1632:201636:5 1638:3,5,7,9,151642:6,9,12,23 1658:7

date 1436:3 1479:16,171488:9 1504:3 1609:24

dated 1526:20 1605:17dates 1509:12,13,131510:6

day 1396:2,5,7,10,15,251397:6,18 1400:151428:14 1441:14 1443:51444:4 1445:22 1446:181450:14 1469:10 1483:91504:5 1509:17 1517:111532:16 1552:23,241577:2 1662:17

days 1430:2 1435:111441:15 1463:241468:24 1478:171498:14 1509:3 1530:191587:21,21 1589:111595:24 1596:1,61598:5 1607:3 1649:151650:9 1655:5 1660:24

daytime 1435:9dead 1409:22deadly 1657:4deal 1545:18 1547:141556:8,16 1606:241649:23,24,25

dealings 1615:6deals 1463:1decades 1442:19 1457:41459:12 1490:141544:16

December 1489:131509:4 1605:17 1648:181648:21 1649:13 1652:2

decide 1648:24decided 1559:19decision 1418:2 1424:131488:14 1617:25



decisions 1480:81612:25 1613:6

decision-making 1645:7decommissioned1495:20

decommissioning1460:15

decrease 1531:13,161570:9,15

decreased 1531:12decreases 1517:221518:3

dedicated 1490:15deep 1409:21 1445:91473:6,7,8 1533:131583:17 1591:181602:23 1603:2,7,17

deeper 1596:4defect 1524:10 1569:15defects 1517:20 1524:2,91525:20 1535:18,21,221535:24 1536:2 1569:11

defer 1496:23 1652:1deferring 1594:231650:5

deficiencies 1496:22deficiency 1499:3deficient 1495:22define 1411:23 1440:241586:6 1619:20 1635:21

defined 1425:3,141429:17

defines 1620:9definitely 1610:3definition 1585:9,10degradation 1442:91524:15

degrade 1442:6degree 1415:25 1477:51512:20 1513:3 1581:101581:14 1588:6 1612:81612:9,10

degrees 1433:2deliberate 1480:7delimited 1420:2delivered 1394:151616:23

deliveries 1477:11Delta 1409:17demanding 1510:231652:21

demands 1650:12demonstrate 1539:31573:13

demonstrated 1524:201573:9 1594:3

demonstration 1519:51520:9

denied 1658:5denies 1509:9density 1425:10,12,25Denver 1390:4,17,231513:4,15 1650:31662:3,21

deny 1658:6depart 1650:4departing 1517:1department 1390:241407:2,3 1408:9,19,231409:4,14 1417:181441:5 1443:23 1448:51448:5,6 1454:231455:21 1475:8,171491:5 1500:15 1583:81583:20 1650:3 1651:91651:16 1652:5 1653:71653:9 1656:10

departments 1410:61449:4,6

department's 1656:8departs 1430:16departure 1430:13dependent 1565:15depending 1405:41421:24 1485:20,24

depends 1546:7 1565:91597:2

deposited 1491:101492:9 1494:11,191499:20

deposition 1437:171492:12,14,20,241495:13 1503:6

depth 1584:2 1588:151589:6,6,7 1591:101592:8 1593:18 1598:2

depths 1587:19describe 1439:221504:22 1514:9 1516:201517:15 1518:141534:10 1576:5 1581:81585:3 1612:6,16

1613:11described 1413:8,141422:6 1437:24 1455:71466:2,2 1476:231526:3,6,7 1595:81642:2 1658:9

describes 1454:10describing 1458:111471:13

description 1403:211420:22 1430:16 1447:3

desert 1425:8,24 1430:21430:8 1438:6 1492:61503:11

deserving 1658:22design 1457:3 1459:181460:1 1488:10 1513:231513:25 1514:13,131516:20,24 1523:8,161524:19 1525:2,231532:3,15 1533:161535:4 1536:22,241542:5,14 1543:24,251544:1,1,4 1547:141548:24 1553:141554:23 1557:8,18,201560:11 1563:22,231564:1 1572:23 1574:41574:13 1575:1,71577:11,14 1583:6,161583:22

designation 1441:6designed 1517:251522:17 1524:6,171527:5 1531:4,101532:14,19,22 1536:71536:19,20 1537:111539:24 1540:231553:23

designer 1548:23designers 1549:9designing 1555:6,9designs 1526:5,8,111534:2 1537:22 1552:22

desire 1534:5despite 1503:22destructive 1431:16,19detail 1400:23 1405:251418:10 1433:181459:20 1518:6 1542:61564:1

detailed 1398:1 1404:51436:11 1447:181454:25 1459:111480:15 1533:16 1534:11535:4 1660:4

details 1403:13,151437:2 1474:21 1553:101553:16 1566:10

detect 1524:9 1552:31568:21 1589:151596:18 1597:14

detectable 1594:11detected 1550:13,161566:14,15 1567:131596:7

detection 1524:1 1542:171542:19 1566:141569:10 1596:21,23

determination 1417:251454:3 1480:17,191484:6 1585:12

determine 1420:171421:9 1457:10 1483:181568:1 1595:7 1642:221660:17

determined 1449:81642:21

determines 1496:81510:18 1621:19

determining 1418:251500:24

deterring 1531:21detrimental 1488:41499:16 1500:15

develop 1490:12 1549:111613:22

developed 1451:181642:1

development 1491:221585:6,13 1659:24

developments 1613:161613:20

device 1597:19,201598:16

devices 1598:12devils 1432:2,12,20dewater 1460:16dewatered 1573:191574:20

dewatering 1557:3dial 1635:19



dialog 1464:19 1651:9diameter 1575:23,24dictated 1396:19dictionary 1479:11difference 1396:121418:5 1419:13 1428:81497:25 1547:4 1590:171595:12 1619:131621:12 1629:3,121644:17 1655:7

differences 1422:4,81450:2 1595:11 1618:221619:11 1620:7,81621:11 1629:8,91631:21

different 1395:9 1397:191415:12 1419:11 1421:61428:6,7 1442:241444:13 1454:6 1503:51530:14 1545:211547:11 1559:2,201560:9,12 1564:21565:25 1602:141630:11,23 1633:8,81638:20,23 1639:2

differential 1588:251589:2,9 1598:7

differentiate 1419:16difficult 1439:14 1445:71445:11 1447:14,191482:19 1593:6

diffuse 1527:4diffusion 1527:21595:19

diffusive 1527:6 1595:111596:2,11 1597:201598:7

dig 1566:23diligence 1443:11 1654:2diligent 1649:17diploma 1581:12,18dire 1392:13,20 1514:201514:21 1517:7 1584:71584:8,12,17 1608:61614:1,3 1616:3

direct 1392:7,10,12,13,171392:20,21 1416:151462:7,9 1475:22,251487:3 1507:13,151508:22 1509:8 1512:91515:20 1541:23

1558:17 1578:13 1579:71580:20 1612:1 1616:81620:5 1621:14,15,161621:16,23 1622:15

direction 1421:7 1422:71486:1 1490:25

directions 1433:1directly 1437:5 1484:131494:17 1496:201526:19 1535:3 1560:131617:13

director 1390:5 1500:25disagree 1458:3 1626:25disappeared 1428:141587:11 1603:18 1604:1

disappointing 1489:24disaster 1442:19disasters 1430:5disastrous 1443:17discernible 1629:8discharge 1395:1,6disclose 1528:12disclosed 1398:111508:6,10,11,211509:20 1514:6 1516:91578:23 1579:3 1610:191610:22

disclosing 1606:16,17disclosure 1509:14,221510:9,21 1515:121528:11 1579:5 1608:23

disclosures 1507:251508:11 1509:171578:25 1580:191607:19 1610:2

discontinuities 1597:16discovery 1508:7 1509:31509:16,17 1510:3,61511:10 1607:4

discuss 1428:1 1502:141523:11 1641:14

discussed 1419:151420:15 1424:21 1440:61440:22 1499:8 1533:21570:14 1586:24 1601:81623:2

discussing 1454:161478:18 1510:141553:17

discussion 1401:81415:25 1431:11

1435:23 1438:24 1450:31459:24 1501:8 1508:121508:16 1512:161520:16 1579:9 1616:251641:22

discussions 1426:161430:5 1553:11

disease 1583:13disheartening 1659:17disk 1401:3,3,3,5,6,7,71402:19,19,21 1403:5,51403:7,7,7,8 1456:13

disks 1403:3dismiss 1437:2dismissal 1626:23dismissed 1441:19dispatched 1404:9,13,15dispersion 1416:231420:13,17,23 1421:121421:18,20 1423:71424:14,17 1425:241427:2 1435:3 1436:2,51436:8 1437:21 1439:101439:17 1441:101443:12 1444:3 1447:121448:15 1451:14,181458:15 1459:151460:12 1461:6 1469:161469:19 1499:7 1502:111502:18 1503:1

dispersivity 1597:1,2displace 1583:11display 1598:13 1599:8disposal 1448:15disqualify 1500:14disregards 1431:14disrupted 1490:2dissolve 1530:2dissolved 1532:5distance 1421:251499:15 1592:2 1597:41597:10

distances 1421:3,4,101442:3 1474:9,131654:9

distant 1420:19 1574:91574:24

distribution 1427:151428:6,7,21 1429:231430:17 1433:141439:22

distributions 1433:71435:24

district 1403:4ditch 1409:21Diversity 1390:19diverted 1583:12divide 1644:5,6Division 1395:2 1396:11396:17,18 1436:201437:23 1583:8,9,11

Division's 1452:17doctor 1620:15document 1393:121426:9 1427:6 1447:151447:16 1451:17 1462:41468:20 1478:191480:10 1509:161515:24 1516:181544:11 1550:8 1604:111628:13 1630:22,25

documentation 1404:4documented 1492:181586:20 1590:151592:25 1593:21

documents 1394:241398:13,19,22 1399:231399:24 1401:9 1402:251403:12 1424:8 1434:181442:16 1444:121446:23,24,24 1447:5,81447:24 1452:201454:20 1457:10 1472:91472:10 1484:4,23,251515:5,12 1543:14,221543:23 1545:14 1558:21564:3 1579:4,61580:14,17 1615:171656:5 1660:13

DOE 1455:22 1456:2,71476:1

dog 1660:9doggone 1567:19doing 1409:10 1479:51482:14 1485:6 1493:231502:2 1540:18 1554:181566:18 1588:251605:25 1614:171631:18 1659:23

DOLA 1490:21 1491:20dollar 1489:9dollars 1488:4 1632:10



1634:9dominate 1527:2dosage 1421:9dosages 1420:18dose 1475:1 1498:5,8doses 1499:7DOT 1417:18 1456:5double 1491:25 1517:241521:24 1522:16,201534:4,5 1539:211540:15 1544:13

doubling 1524:25doubt 1443:16 1536:6doughnuts 1653:2downstream 1422:81436:18 1437:19 1439:11440:1

downwind 1436:81440:4 1492:5 1494:15

dozen 1453:23 1457:51545:24

Dr 1392:4,10,14,15,18,221392:24 1393:10,11,121399:18 1402:6,221403:9 1408:2,3,61411:1,8,10,13 1414:4,71414:12,15,20,241415:7,10,18,22 1416:51416:8,16 1420:16,211422:15,17,20 1423:11427:10,13,20,251447:8 1450:11 1451:101451:11 1456:221465:18 1468:6,241469:8 1474:4,181481:19 1482:121486:12,13,15 1492:181494:6,13 1497:41501:3,5 1503:141504:4 1517:7,111519:11,15,20 1525:41525:23 1526:1 1529:141530:13 1531:6 1533:31534:23 1552:14 1556:11564:14,18,21,241566:7 1570:21 1575:181575:25 1576:3,21,221584:20,21 1594:20,251595:2 1598:17 1607:131616:14,20 1617:14,141617:19 1619:3 1620:22

1621:23 1622:4,181623:2 1624:5,10,12,181626:6,13,16 1630:4,81632:24,25 1633:31634:2 1637:2 1640:211640:23 1644:16 1646:11646:3,4,14,18,211651:2,4,13 1652:11,15

draft 1505:15drafts 1472:19dramatically 1517:221518:3 1570:9 1657:2

draw 1472:10 1477:101627:20

drawings 1476:17dried 1588:10drilled 1587:2 1588:201589:12,16 1600:10

driller 1589:19drilling 1587:9 1589:201596:8,8 1600:221601:2 1602:8

drinking 1491:121494:21

drive 1589:9 1645:11,181645:20,23 1646:5

driven 1638:25driver 1404:10 1409:22drives 1598:7driving 1458:23 1518:41523:20 1536:8 1570:161573:21 1589:1 1598:15

drop 1456:18droplet 1485:20,21,22droplets 1589:20drops 1434:13drop-by 1493:16drought 1460:19,191569:21

dry 1395:11,22 1408:111432:4 1476:12 1554:81554:13,15,19 1556:71556:17,24 1558:8,201558:24 1559:111560:14 1587:20 1588:81588:21 1589:12,23

drying 1554:15,161559:4

due 1422:2 1424:131436:17 1443:111489:12 1498:8 1560:23

1569:24 1635:201648:18 1654:2

duly 1416:13 1578:111611:23

Durango 1390:11duration 1492:8 1498:221530:18

DUSEL 1583:17dust 1417:3,9 1430:191431:20 1432:2,6,12,191433:9,12 1436:14,151436:21 1437:18,251438:11,12,14,151439:4,8,8,9,11,251440:2,4 1441:11,15,201442:2 1445:13 1458:161461:12 1475:3 1476:221492:6,12,13 1498:181498:22 1499:1,4,8,101503:6,10

DVD 1493:15 1504:151609:3,3

dwell 1597:12

EE 1392:1 1393:1 1394:1,1ear 1600:5,7earlier 1437:14 1494:141513:16 1516:12 1523:11526:12 1647:181648:19

early 1521:2 1532:8easiest 1403:1easily 1498:14 1523:25east 1435:14 1492:71645:17

Eastern 1468:2east-to-west 1494:11east-west 1489:15easy 1425:11 1439:151506:25

econometrics 1612:15economic 1618:231619:10 1622:18 1623:31623:11 1625:3 1633:181643:4 1658:3,11

economically 1657:141658:14

economics 1612:91613:8,12 1623:171630:10

economy 1500:161612:19 1621:201657:21 1658:3

ecotones 1660:6eddies 1576:17Edgar 1533:12edge 1489:15 1498:41607:8,16,20,241608:13 1609:4 1611:51614:12 1615:3,12,16

edges 1476:12 1572:21edification 1458:101565:2

edition 1492:16editor 1454:5education 1469:151581:3 1582:14

educational 1512:191581:8 1612:6

effect 1435:8 1437:21439:6 1440:2,231442:16 1456:2 1475:131531:25 1547:121575:11 1627:21

effective 1485:121531:21,24

effectively 1527:25effectiveness 1526:111660:15

effects 1436:8 1440:6,6,81440:18 1441:20 1476:51487:15 1488:5 1498:211500:4,4,15 1575:101610:13 1625:21 1636:1

effluents 1422:111435:13

effort 1409:11 1437:211461:12 1511:111633:16

efforts 1490:9,12 1494:41623:19,20 1625:141653:18

EIA 1419:16 1431:71434:18 1437:241442:15 1443:22 1446:11453:12 1454:2,7,91484:9 1505:15,181506:8 1656:16,171659:15 1660:6

eight 1426:19 1532:16eighth 1411:20 1412:9



either 1423:10,221434:20 1485:101502:20 1572:111635:18 1647:161660:11

elect 1611:19electrical 1530:21element 1631:1elevated 1496:10elevation 1492:211497:25 1588:7 1591:7

elevations 1598:2eleventh 1412:17eliminate 1536:11598:22

eliminated 1535:23,25else's 1406:25 1591:12embankment 1554:18emergency 1400:51402:7,10,12 1403:111403:14,18,19 1404:5,61404:7,12,12,14 1406:71406:16 1407:11,15,211408:7,21 1409:2,121410:13,16 1411:22,231412:19 1413:5,71431:8 1445:14 1446:71461:22

emergent 1657:21emission 1435:3 1436:81443:12 1495:12

emissions 1395:211420:13,17 1422:91424:16 1425:24 1436:21436:5 1439:17 1441:101441:13 1443:9 1444:121448:15 1497:7,81554:25 1555:5,14,201556:8,11,16,211562:15

emitted 1494:17 1555:10emphasize 1418:211426:15 1441:19 1442:41447:11,20 1457:24

empirical 1526:101626:24

employed 1520:201538:11 1633:6 1662:13

employee 1412:8employees 1651:15,16employers 1582:6

employment 1581:3,211582:13 1621:14,15,161621:18 1622:151638:10,13

emptying 1402:4EMT 1446:6encounter 1587:4encountered 1601:1encounters 1588:4endangered 1660:7,10ended 1396:15endorsement 1579:20endorses 1497:1,3ends 1651:23energy 1389:5 1390:4,71390:10 1393:7 1394:171394:18 1395:5,241397:5,24,24 1398:41399:4,8 1404:81405:19 1418:4 1419:171420:16 1446:161455:21 1457:4 1464:71465:5 1467:2 1470:221473:25 1475:8 1482:191491:1 1494:22 1495:31496:1,11 1497:231500:15 1503:231507:24 1508:251509:11 1510:9 1511:51516:14 1517:2 1535:21539:7 1540:22 1541:181552:22 1553:1,6,71560:7,21 1583:211585:1,4,18 1602:191605:1 1607:19 1614:131614:17,21 1615:3,111617:2,7 1619:8,12,211620:25 1621:21,241622:2 1631:7 1638:91638:11,12 1655:9,141656:4,19 1657:191659:17,25

enforcement 1404:15engaging 1506:12engineer 1513:5,91516:24

engineered 1527:21,24engineering 1439:231443:11 1460:22,251476:17 1512:21,241526:2 1538:16 1546:5

1557:14,18,19 1560:201581:11,14,21 1583:171655:22

engineers 1426:201584:24

England 1613:4,10English 1426:14enhance 1442:181534:10

enhanced 1430:181532:14

enhancement 1442:23enhancing 1569:10enjoy 1442:6enjoyed 1659:3ensemble 1421:221422:3 1423:2,6,10,101423:13,22,25 1424:2

Ensemble-like 1423:3ensure 1404:9 1407:111407:21 1410:6 1495:131525:18 1573:15

entailed 1582:20 1599:9entails 1583:25entered 1399:4 1450:17entering 1444:5,18entire 1397:7 1479:61536:23 1571:241572:12 1603:5 1656:21

entities 1465:4entity 1467:3environment 1390:241395:23 1471:4 1488:61490:1,8 1491:6 1502:71513:15 1514:141610:21 1612:21 1653:71653:10,12 1656:121659:10

environmental 1390:191395:12 1400:211407:14 1419:151423:15 1441:181448:11,11 1470:19,201471:16,18 1472:23,241475:9,12 1476:41479:23 1480:2 1489:171497:9 1501:21 1505:81518:19 1519:1 1608:131610:7,14,18 1611:1,4,61611:7 1612:25 1613:41613:5 1614:12 1615:16

1615:17,18 1616:13,191617:24 1618:3 1623:21628:12,14,17,19,241629:6 1639:11 1656:51656:6,24 1659:8,12,151660:3,3,5

environmentally1513:23

eolian 1492:13EPA 1396:8 1490:201517:5 1526:14 1563:211564:4 1634:20 1636:21

equal 1449:23 1530:231530:24

equally 1561:22equals 1566:5equation 1565:23 1566:21566:3

equipment 1552:12equivalent 1581:13ER 1419:16 1438:20era 1655:12erosion 1460:9 1477:13erratic 1587:8escape 1593:15especially 1443:91444:25 1445:12 1483:91569:21 1590:6 1652:221657:22

Esq 1390:2,3,5,9,12,16,21essential 1447:5 1481:12essentially 1396:201460:8 1522:17 1525:71605:2 1641:20

establish 1493:2established 1404:211449:23 1478:5,6

estate 1631:23estimate 1397:22 1398:11398:6 1436:22 1439:241444:6 1477:6 1499:71626:20 1631:7 1645:4

estimated 1443:251618:25 1619:5,9,121620:7,10 1621:211622:2 1645:10

estimates 1397:231405:11,18 1444:111446:2 1455:5,121619:17 1620:2,3

estimating 1620:16



estimation 1621:25et 1418:20Ethington 1533:121651:10

evacuate 1604:10evacuated 1595:231596:5

evaluate 1615:20evaluation 1581:18evaluations 1613:25evaporation 1425:231482:16,20 1483:81531:4,13,16,22,231532:1,3,7,11,14,17,211532:23,24 1548:12,171549:8 1568:16,171569:23 1570:2,9,111585:21

evaporites 1593:22event 1403:24 1404:71412:19 1425:14,181431:19 1437:22 1484:91484:10 1485:23 1495:91551:6 1603:19 1604:21646:9

events 1425:2 1431:91432:24 1433:9,101435:3,20 1436:211483:16,20 1485:12,131492:12 1498:19,22

eventual 1482:25eventually 1587:21646:10

Event-Based 1492:20everybody 1422:211426:8 1427:19,221446:17 1473:9 1479:71479:9 1502:13 1505:61511:11 1621:6 1652:18

evidence 1398:9 1437:11449:15 1528:4 1529:51591:1 1625:8,121629:15 1632:191648:11 1653:13 1656:31657:3,11

evidenced 1626:19evident 1593:19evolves 1472:7EX 1587:20exacerbate 1455:24exacerbates 1442:22

exact 1553:9,15exactly 1397:17 1437:111438:6 1533:25 1567:161567:21,23 1579:221593:7 1597:19 1642:17

Exam 1392:13Examination 1392:3,51392:12,13,17,20,20,211394:4 1411:4 1416:151487:3 1512:9 1514:211515:20 1578:13 1612:11614:3 1616:8

examine 1499:11,19examined 1578:121601:23 1611:24

example 1406:131426:18 1448:7 1543:101610:4 1632:18 1633:241634:4 1635:3,7,11,131635:14 1636:101660:19

examples 1539:121636:12

excavate 1588:15excavations 1582:241583:22 1597:15

exceed 1425:6 1430:211441:16

exceedance 1432:231434:5

exceedances 1495:9exceeded 1430:1 1537:211542:21

exceeding 1425:18exceeds 1425:16 1437:251496:4 1539:4

excellent 1527:6 1556:25excerpt 1497:14excess 1401:24 1592:7excessive 1430:19,201443:6

exclude 1611:19excursion 1602:16excuse 1396:17 1411:101458:17 1536:201568:24 1582:251601:19 1604:16

executive 1449:3exercise 1580:1 1655:9exercises 1409:7exhibit 1393:3,4,5,8,11

1393:12 1401:14 1411:61411:14,17 1414:17,251415:20,21,23 1419:91427:3,5,8,9 1516:8,141580:11,12,15 1608:171617:2,2,3,7

exhibits 1393:2,7,101427:5 1580:7,24

exist 1405:25 1483:121603:22 1626:1

existing 1442:23 1488:81589:14 1594:6 1626:8

exists 1632:12 1633:151633:16,17,18 1658:7

expand 1396:7 1397:5,16expansive 1596:16expect 1446:5 1485:61625:24

expectations 1533:241539:6

expected 1532:15 1608:41638:12

expecting 1394:18expeditions 1448:18expensive 1420:6 1459:8experience 1434:191448:17 1469:15 1470:91513:2,21 1514:31521:21 1568:8 1582:141587:24 1613:121615:14,22 1652:221654:20,20

experienced 1459:7expert 1418:11 1469:151469:24 1470:8,131474:5 1487:6 1496:191497:1 1503:7 1507:251508:11 1509:251510:11,22 1512:151514:18 1550:3 1551:201555:15,20 1578:191580:18,18 1581:41584:5,25 1606:191607:9 1608:23 1610:201610:22 1611:5 1612:51613:24 1625:23 1658:9

expertise 1444:201447:13 1470:2 1472:31474:18,22 1520:191548:3,4 1551:131555:6,8,13 1576:11

1584:18 1629:24experts 1503:4 1510:161607:19

expires 1662:18explain 1401:10 1502:171503:3 1617:21 1633:16

explained 1484:231619:14 1620:8 1636:15

explaining 1633:18explains 1469:131621:11

explanation 1449:201630:23

explicitly 1642:2explore 1448:19explosion 1403:23exposed 1395:22 1571:171573:1 1598:6

exposure 1401:231499:18,19

express 1652:23expressed 1455:231505:2

expressing 1493:8extended 1444:19 1598:4extends 1492:1extensive 1447:18extent 1442:5 1511:181535:20 1555:19 1573:11591:24 1626:1

external 1397:23extreme 1400:18 1416:231442:16 1445:121483:12

extremely 1530:111574:12

eye 1459:7E-mail 1393:3 1414:211422:20 1427:18 1518:91564:17 1580:11 1609:21617:11 1647:14,181648:1,2,7 1650:14

E-mailed 1526:181528:19,21

E-mails 1647:15

FF 1392:12facilitate 1523:25facilities 1465:7,221466:1,3,5 1513:24



1514:1,2,14 1521:10,121521:23 1522:101533:17 1548:201549:20 1602:251623:10 1625:22

facility 1397:13 1409:61464:8 1492:24 1495:111495:17,19,25 1496:91496:15 1533:6 1546:161548:14,22 1554:15,211554:23 1555:3 1625:201626:3 1628:4,61656:20

facing 1426:17fact 1405:25 1444:101449:14 1454:231459:23 1461:4 1477:81484:11 1503:251508:20 1510:23 1545:51553:19 1569:24 1588:91592:18 1630:20 1654:4

facts 1398:9 1649:8Faegre 1390:2 1420:101450:24

fail 1601:18,20 1660:1,13failed 1494:23failing 1601:22fails 1543:16failure 1544:3 1568:11602:16

failures 1601:24fair 1461:2 1463:61468:18 1478:2 1482:181483:11 1525:221571:25 1572:9 1575:9

fairly 1527:19faith 1502:5fall 1425:3 1444:7fallen 1657:1familiar 1476:11 1505:81539:8,10,15 1541:161558:4,6 1562:231563:14 1627:151628:13,14 1634:231646:7

families 1489:7far 1396:23 1406:181437:25 1448:141449:20 1452:201457:10 1458:21 1484:21484:20 1498:11

1542:22 1544:2 1545:171546:23,24 1548:6,211560:18 1561:24 1565:11571:14,18 1572:231574:18 1599:9 1607:61627:15 1644:23

farther 1588:5fast 1487:20,21 1511:91588:5 1609:25

fat 1430:12fatal 1472:24 1473:5fault 1464:23favorite 1534:21feasibility 1482:231484:2

feature 1470:5features 1561:21Fed 1476:2federal 1405:5 1413:9,101413:14,15 1448:201465:9 1466:6,151553:18 1563:111613:16 1615:19,211656:1

federally 1553:20feed 1394:15,19 1440:25feedback 1482:7feeder 1455:24feel 1422:6 1588:16feet 1409:21 1421:11432:7,9 1483:31489:14 1498:3 1519:71520:25 1522:151524:17,21 1565:181583:23 1587:7,91589:6 1591:8 1592:51593:23 1602:23 1603:21603:7,16,23

fell 1408:20 1637:11felt 1395:20 1450:131474:23 1480:171504:10,19

fence 1420:18 1474:7Fermi 1583:21field 1418:11 1426:41470:1,10 1472:121501:10 1526:221530:11 1532:7

fields 1432:5fight 1443:9fighting 1442:20

figure 1423:14 1428:2,121428:17,19 1429:141431:2 1434:23,231435:6,6 1453:8

figured 1564:7figures 1430:18 1433:6figuring 1640:24 1641:4Filas 1392:3 1394:61414:3 1438:3,81497:23 1508:4,51509:1 1533:7 1534:61554:11 1609:12 1638:41638:7 1659:19,20

files 1651:8,9,18filing 1511:15,15,16fill 1435:15filled 1622:1,3filtered 1555:1final 1396:10 1409:141418:2 1449:8 1454:31533:16 1564:1

finalized 1505:13finally 1400:21 1527:131534:21

financial 1615:6,11find 1403:2 1417:141437:11 1446:251454:21 1456:161457:11 1555:221557:24 1561:4,5,161567:3,25 1569:81661:2

finding 1637:11findings 1585:9 1607:151623:25 1648:17 1649:81649:16

fine 1422:24 1476:251482:14 1502:241508:25

finish 1461:8 1510:21550:19 1563:5

finished 1503:131629:21

Finke 1512:8fire 1403:23 1404:2,14,171407:2,3 1410:2,221412:16 1442:13,17,201442:22,23,24 1443:8,91443:10 1446:6

fires 1403:25 1442:22firm 1513:17 1614:21

1623:17first 1390:22 1401:21403:5 1404:2 1414:161416:22 1442:121446:17 1450:15 1453:81453:17 1458:22 1486:81486:18 1499:6 1512:181518:14,20 1519:191520:3 1523:17 1534:121535:10 1550:121558:14 1564:151578:11 1582:17 1587:41588:2 1589:16,251590:23 1593:21 1594:91594:21 1595:6 1602:41606:10,18 1608:8,151611:23 1619:181653:23 1655:1,11

fish 1583:10 1660:10fisheries 1583:14 1613:7fit 1660:25five 1419:18 1468:241488:21 1503:17 1509:31551:21 1553:9 1607:21619:4 1625:22 1626:21637:10

fix 1471:24flat 1426:17 1445:181474:3,6,17 1497:201607:5 1624:24

flaw 1567:25flawless 1536:24flaws 1472:24 1525:91568:21 1569:8

floor 1390:22 1425:91478:5

flow 1447:4 1532:191534:18 1565:3,8,9,111566:6 1567:14 1568:31568:5 1574:7,91597:20,22

flowing 1437:8flows 1657:18fluctuation 1604:12fluid 1565:10 1593:14,15fluids 1551:1fly 1432:8flying 1432:3,11focus 1440:21focused 1438:25 1460:241514:12 1612:21



focuses 1431:15focusing 1461:1folder 1401:5,7 1402:191403:8

folders 1401:4 1403:6,6folks 1396:3 1434:191442:1 1470:12 1509:81535:10 1606:241609:14 1648:131650:18 1658:14 1659:3

follow 1422:23 1424:31435:23 1477:231659:21 1660:1

followed 1661:6following 1403:201404:8 1439:16 1466:101516:1 1525:3 1526:22

follows 1416:14 1578:121611:24

Food 1613:7foot 1589:6 1650:15footprint 1490:24forbid 1409:22force 1480:24forced 1426:24forces 1446:9forcing 1503:22foregoing 1662:10foreign 1488:13forest 1442:20,221490:19 1493:251615:19

forever 1490:2forewarned 1652:14forget 1651:15forgive 1489:1forgot 1416:4 1445:31477:7

Fork 1491:17form 1400:9 1419:241431:18 1435:11 1590:11662:10

formal 1469:14 1643:17format 1420:1,6 1447:16formation 1588:9,91590:1,2 1592:41593:22 1594:101601:17 1603:111604:21

formed 1624:22former 1583:18

forms 1649:7forth 1430:5 1446:151449:21 1454:4 1496:241533:23 1536:2 1537:211539:5,6,20 1552:121626:15 1643:11,201662:9

forward 1437:7 1469:91509:18 1538:1,41557:12 1578:171606:19 1653:161654:25 1655:151658:10,17,23 1660:161661:7

found 1433:8 1443:221447:3 1506:15 1528:151545:9 1561:8 1585:111586:14,24 1587:10,221590:11,18 1603:9,211623:19 1625:7,111635:23

Foundation 1490:181583:20

foundational 1605:15founded 1489:4four 1433:10,12 1492:111496:6 1508:17 1538:91593:23 1607:21 1623:91623:16 1636:121649:15

four-zip 1620:23,241621:1 1622:22 1631:5

fowl 1570:12frame 1649:18frames 1495:14framework 1446:23Frank 1392:3 1411:81461:17 1497:23 1508:41508:5 1509:1 1534:131609:12 1638:4,61659:19,20

free 1488:9frequencies 1400:20frequency 1427:151428:20 1429:23 1433:71435:24 1439:22 1492:81499:1

Friday 1487:9 1514:251517:6 1520:13 1617:181617:19 1619:4 1624:61624:13

friendly 1450:4front 1401:15 1416:181428:1 1437:15 1562:141576:9

fuel 1404:17 1443:10fuels 1389:5 1390:4,71393:7 1394:17,191395:5,24 1397:5,24,241398:4 1399:4,9 1404:81405:19 1418:4 1419:171420:16 1446:16 1457:41464:7 1465:5 1467:21470:22 1473:251482:19 1494:22 1495:31496:2,11 1497:231503:23 1507:241508:25 1509:12 1510:91516:14 1517:2 1535:21539:7 1540:22 1541:181552:22 1553:1,6,81560:7,21 1585:4,181602:19,20 1605:11607:19 1614:13,17,211615:3,11 1617:3,71619:8,12,21 1620:251621:21,25 1622:21631:7 1638:9,11,121655:9,14 1656:4,191657:19 1659:17,25

fugitive 1417:9 1441:11full 1409:20 1439:81471:9 1480:10 1484:161486:21 1512:7 1578:51606:7

fully 1544:19function 1544:3 1568:14functioning 1602:1functions 1642:21fund 1491:21fundamental 1649:81655:7 1656:4,7

funded 1500:11funders 1489:10further 1392:5 1408:11411:4 1412:23 1413:231414:2 1439:3 1468:101468:17 1486:9,161496:11 1511:251524:22 1537:19 1540:81542:15 1550:20 1562:21575:16 1579:25

1603:23 1616:3 1647:61662:7,12

Furthermore 1421:11437:2

future 1396:6 1489:231493:3 1574:9,241575:2,5 1585:131614:21

GG 1394:1gain 1472:5 1477:161573:15 1630:6

game 1453:14 1579:25gamma 1401:23 1404:25gamut 1465:12garbage 1642:16 1643:2gas 1613:15Gateway 1441:4gather 1485:5gathered 1586:5Gaussian 1420:231421:12 1423:7 1497:201502:11,18,25

GCL 1524:20,24 1525:11526:8 1527:9 1529:211529:23 1530:4,17,221531:1,2 1539:231547:18 1548:101549:12 1577:12

general 1390:21,221406:11 1426:5 1442:221443:14 1469:231480:16 1484:7 1485:191487:12 1489:8 1502:121540:17 1626:21 1627:7

generalized 1498:7generally 1428:9,11,181430:14 1432:141457:15 1517:15,181545:12 1546:131571:17 1572:241576:11 1578:18 1621:71623:6 1625:21 1644:201644:23 1645:8

generations 1424:41488:15 1489:23

generic 1400:6gentleman 1647:12geochemical 1546:25geochemist 1547:1



geographic 1630:5,111631:10 1634:1 1635:91635:22 1636:5

geographical 1494:101628:22

geological 1512:211581:10 1585:251600:15

geologist 1600:24geomembrane 1514:121517:18,21 1520:3,6,91521:2,3,4 1522:131523:6,19,23,24,251524:5,15 1525:11,181527:4,9,17 1529:161536:9 1538:6 1539:221540:1 1542:17,191544:12,13,20,22,231545:7,8 1547:171560:12 1570:15

geomembranes 1527:151545:16 1569:2,3

geomembrane-lined1514:1 1534:14

George 1623:18Georgia 1512:24 1513:21513:4

Geoscience 1492:15geosynthetic 1524:181529:21 1574:14

Geosynthetics 1545:15geotechnical 1512:231513:17 1514:191516:24 1546:24 1586:31593:19 1602:7

getting 1450:16,20,251475:3 1482:6 1568:41570:11 1611:18,181654:4

Giroud 1526:14 1566:1,4give 1416:20 1446:241448:21 1450:231493:17 1555:211566:12 1579:111594:21 1607:131611:14 1633:131651:24

given 1394:16 1415:221426:9 1453:21 1472:131483:5 1498:24 1499:11501:6 1502:1 1506:1

1509:23 1536:6 1537:121546:9 1555:4 1556:251565:3 1574:12 1607:241608:4 1609:21,251647:25

gives 1466:12 1474:101524:8

glad 1455:22 1459:31480:23 1502:191533:18

Glendale 1612:13glider 1432:1,7Globally 1513:25glove 1655:15go 1396:25 1397:7,131402:24 1406:101408:18 1409:191412:16 1414:5,71416:10 1418:10 1424:71425:15 1429:121432:20 1433:21 1434:71434:9 1435:5,17,20,211443:21 1445:23 1446:31453:15 1456:8 1464:201471:24 1472:191473:14 1487:20,201504:17,18 1510:171515:19 1522:251528:13 1535:101547:22 1549:1,221552:17 1556:2 1562:131563:5,16 1565:241568:10 1570:7 1571:181574:18 1578:191580:25 1588:5 1594:201599:1 1606:14 1607:21611:20 1620:14 1621:31621:5,5,7 1627:151629:20 1637:151641:25 1644:1,4,51649:15 1652:131653:16,21 1654:251660:23

Goad 1390:21 1415:41501:2 1507:16 1564:161584:10 1605:9,101616:4 1646:23,251650:6,8,21 1651:141652:3,4

goal 1572:12GOCO 1490:21

God 1409:22goes 1405:6 1409:151412:15 1429:111430:15 1432:181440:14 1483:3 1512:171536:25 1568:9 1569:201631:10

going 1394:8 1396:41404:22 1405:24 1407:41417:13 1427:7 1431:221433:6 1435:15,18,201435:21 1440:13 1441:91446:14 1447:6 1451:131454:17 1455:8 1459:131460:2 1462:16 1463:251464:13,18 1467:211468:6,9 1469:2 1470:11476:12 1477:121481:10 1485:151493:21 1495:5 1500:51504:13 1511:20 1512:21512:12,14,15 1517:121517:12 1518:8,81525:7 1528:15,231530:23 1531:7 1541:101541:22 1546:161547:17 1548:12 1549:71549:7 1551:21 1553:201557:12 1561:5 1567:71567:18 1570:17 1571:31579:23 1580:10,12,141580:15 1581:2,51605:2 1609:16 1610:31611:16,17 1612:41615:6 1617:9 1630:61634:6 1637:4 1642:211643:22 1644:25 1645:41648:5,11,13,16 1649:61652:14,15 1657:111659:6

gold 1521:18Golder 1393:4 1513:8,121516:23,25 1517:11552:25 1580:13

good 1394:6 1440:71446:1 1450:11,121456:15 1459:8 1461:151462:10 1474:3 1479:41480:10 1482:121503:17 1514:231525:19 1536:3,18

1537:3 1539:2 1546:101552:15 1561:1,8,91599:5 1614:5 1649:221658:7,8

Goodman 1392:191606:5,9,12 1608:171609:12,16 1610:1,61611:6,22 1612:41613:24 1614:5 1616:101617:8

gorgeous 1655:3gotten 1468:16 1493:51595:10,10

government 1463:7governments 1443:14governor 1449:3,5,9governor's 1418:11449:2

grade 1460:2 1583:231587:7 1591:8 1593:23

graduate 1442:111612:10,11,14

graduating 1512:22grains 1588:14Grand 1409:17 1421:161442:9 1457:14 1644:11644:8,22

grant 1491:1grants 1491:20grasped 1505:11grateful 1495:5great 1442:3 1452:5,131459:20,24 1520:121646:9 1648:3 1654:8,91659:10

greater 1425:17 1432:251433:9 1443:4 1527:171587:19 1595:13

greatly 1460:11 1646:5groceries 1639:8grocery 1621:4 1639:81644:21

Grossman 1391:2 1392:41392:6,10,14,15,18,221392:24 1393:121399:18 1402:6,221403:9 1408:2,3,61411:1,10,13 1414:4,71414:12,15,20,241415:7,10,18,21,221416:5,8,12,16 1422:15



1422:17,20 1423:11427:9,10,13,20,251447:8 1450:11 1451:101456:22 1465:18 1468:61468:24 1469:8 1481:191482:12 1486:12,13,151497:4 1501:3,51503:14 1519:11,15,201556:1 1564:14,18,211564:24 1566:7 1570:211575:18,25 1576:3,211576:22 1584:20,211594:20,25 1595:21598:17 1640:21,231644:16 1646:1,3,4,141646:18,21 1651:2,4,131652:11,15

Grossman's 1393:10,111411:8

ground 1423:11,12,23,241429:2 1432:17 1497:111533:14 1586:7

Groundhog 1450:14grounds 1496:20groundwater 1448:161491:15 1500:13 1533:61543:17 1549:25 1564:61564:7 1583:7,121584:1,23 1585:10,121586:7,9,19,19 1587:41588:6 1593:8,81594:17 1597:231600:11,20,21 1601:131602:6 1603:13,15

ground-penetrating1596:18,21 1597:11,14

group 1389:1 1417:23groups 1418:3,7 1449:181449:24

growth 1623:8guaranties 1496:15guess 1398:17 1402:161409:13,14 1414:171427:6 1447:21 1474:141478:1 1505:12 1541:151580:4 1609:15 1629:211645:13

guidance 1446:24 1618:31618:21 1658:18

guidelines 1403:201618:4

gullies 1445:9gully 1445:24Gunnison 1660:8,9,21gust 1429:16,17,221431:1,3 1483:16

gusts 1429:10,25 1430:31434:8,8,8 1443:3

guy 1445:21guys 1445:3 1451:6,71506:24 1624:15

G-i-r-o-u-d 1566:4

HH 1390:5habitat 1610:15half 1453:23 1457:51545:24 1595:14 1658:1

halfway 1644:2half-life 1498:13hall 1493:14hand 1416:4 1461:241486:18 1512:4 1578:21606:3 1637:25 1655:141658:1

handle 1419:20 1559:14handled 1477:13handling 1403:25 1404:11404:10 1546:11 1560:21583:25

hands 1488:25 1490:23Hang 1608:25happen 1406:9 1485:151500:16 1503:7,221534:17 1591:25 1592:61593:17 1597:101627:12,17 1649:251659:13

happened 1407:181408:12 1524:2 1603:171649:24

happening 1471:101505:3 1537:2 1560:61595:9

happens 1428:101500:17 1566:15 1567:51588:20 1593:25 1594:41597:6 1645:20

happy 1456:24 1458:191458:20 1468:20

hard 1431:18 1439:151443:8 1446:19 1453:8

1476:17 1516:8 1525:81536:3 1635:15 1655:5

harmed 1625:13,14hatcheries 1583:10,12haulage 1400:3,61410:13 1413:1

hauling 1406:12 1410:201463:1 1559:2

hazardous 1403:221412:13 1562:16 1590:7

hazards 1403:22 1404:171404:18,19 1581:25

HDPE 1527:4,14 1529:161529:19 1544:23 1545:71545:8,16

head 1449:3 1481:91518:4 1523:20 1536:81570:16 1573:21

headache 1395:18headed 1430:14heads 1607:25health 1390:24 1403:231488:6 1491:5 1494:251499:16 1502:7 1650:31651:8,16 1653:7,9,10

heap 1514:1 1521:10,111521:17 1544:7

hear 1394:10 1446:221482:4,9 1511:211512:2 1573:6 1584:151611:15 1640:101641:22 1645:111646:20 1650:9 1654:151657:19,21

heard 1394:7,14,221395:9,11 1451:231452:15 1457:1,121459:17 1468:11 1472:21476:7,19 1488:10,111501:8 1505:10 1525:101530:7 1576:5 1585:141599:17 1606:181617:19 1640:131646:16 1649:6,121653:13,20 1656:31657:9,16

hearing 1389:3,181394:2 1398:19 1405:101406:4 1408:2,41413:24 1414:4,9,13,181414:22,24 1415:16,19

1416:3,5,7,10 1422:221427:7,11,17,21 1428:41447:6 1449:20 1450:51450:8 1452:10,241456:10,15 1459:231462:8 1464:21 1465:171466:19,23 1467:111468:11,18 1469:1,3,51469:16,25,25 1475:201476:6 1478:10 1480:241481:21,24 1485:4,171486:11,17,19,21,241487:5 1502:23 1504:11504:13 1506:17,211507:1,4,6,10,14,191509:3,10 1510:4,251511:9,13,13,24,251512:4,6,7 1514:201515:18,23 1516:11,171518:23 1519:13 1522:51528:7,17 1529:2,61535:9 1540:20 1541:121541:24 1551:22 1552:81552:11 1555:221556:12 1557:6 1563:41563:13 1564:13 1566:31570:23 1575:17,19,221576:1,21 1577:1,17,191577:23 1578:1,3,5,7,91579:13,17,23 1580:3,91580:21,25 1582:101583:1 1584:7,11,17,201594:19,23 1598:191599:1 1605:9,11,13,211605:25 1606:3,6,7,101606:13 1607:3,161608:5,18,20,25 1609:71610:5,24 1611:9,131614:1 1616:5,7,11,221617:4 1618:12 1619:221624:7,21 1637:131640:16,20 1644:141646:1,14,19,23 1647:11647:5,7,10,24 1648:41648:10,21 1649:4,161649:20,23 1650:17,231651:3,6,22 1652:3,9,131654:23 1655:8,111656:14 1658:25 1659:41661:8,10

hearings 1418:8 1440:7



1460:17 1503:22 1599:6hearsay 1504:12 1624:24heck 1440:15 1459:1height 1419:14,141425:21 1431:5

hell 1408:14 1434:21Hello 1578:15help 1447:5 1454:141461:10 1506:8 1598:19

helped 1598:21 1609:141625:14

helpful 1450:25 1462:17helping 1470:4Hermosa 1592:4 1593:221594:10 1596:4 1603:101604:21

heterogeneity 1597:2high 1417:3,7 1426:251429:1 1431:6,9 1435:91437:22 1439:12 1484:81484:9 1485:12,12,231490:10 1492:8,201494:7 1498:8,15,221529:24 1542:121567:14 1592:131595:13

higher 1418:15 1419:81431:1 1521:14 1598:14

highest 1429:22highlights 1403:16highly 1426:4Highway 1441:3highways 1413:16hikers 1489:19Hill 1554:1,2 1557:8,131644:4 1655:20

hire 1400:7hired 1496:18historic 1520:17,21,22historical 1487:251488:3 1500:8 1645:181645:23 1646:9

historically 1518:151523:3,4 1658:13

history 1581:21hit 1401:17 1403:161439:13 1640:15

hits 1498:4hoc 1448:3Hold 1571:1hole 1587:4 1589:5

1597:24holes 1550:14 1586:1,31586:20 1598:3 1600:81600:9,12,14,231601:11

home 1488:24 1489:91632:5,5,9,14 1634:4,81634:13 1635:4,231636:16,24

homegrown 1489:7homeowners 1441:25homes 1489:11 1491:231629:11,13,13

Homestake 1583:18honest 1458:8Honor 1398:8 1401:11415:11 1422:14 1452:61452:9 1456:17 1462:51465:14 1466:171468:14,17,22 1475:141485:14 1501:1 1504:111508:9,19 1509:191510:20 1511:23 1512:31514:18 1515:17 1516:71516:9,15 1522:11528:3,23 1535:81541:21 1551:19 1562:21563:1 1579:2 1584:91605:8 1606:14 1607:181609:20 1610:10 1611:31611:21 1623:22 1624:51644:13 1646:13 1647:61649:2 1652:4 1654:24

Honorable 1389:18hookless 1660:9,19hope 1426:20 1461:14horizontal 1545:181592:24,24 1593:11

horseback 1445:2host 1582:24 1583:231650:6

hot 1405:1hour 1425:7,19 1426:121429:13,17 1430:141431:4 1432:19 1433:221434:1,6,7,10 1438:51443:5

hourly 1425:5 1428:5,91428:13 1429:1,151430:1 1432:23 1433:161434:2,25 1439:19

hours 1425:18,20 1430:21432:25 1433:10,11,131433:13 1436:141441:14 1443:3 1498:151530:16 1532:16

house 1437:9,12housing 1613:18,20Howards 1491:16huge 1554:12 1655:24human 1492:15humans 1437:19 1499:211536:19

humidity 1418:191419:22

hundred 1591:8 1593:23hundreds 1455:61654:11,14

hundred-meter 1459:5Hungary 1613:1hunters 1489:19hurt 1625:14hydro 1490:13hydrogeologic 1550:4hydrogeological1581:25 1586:1 1600:16

hydrogeologist 1550:31551:20 1581:23 1582:51582:18

hydrogeology 1537:121566:5 1584:5 1585:81600:17

hydrological 1593:20hydrology 1565:8hyperlinks 1447:5hypothetical 1556:20,231591:6

HySplit 1423:4 1436:201437:3,6

Iice 1534:24Idaho 1582:4idea 1404:23 1405:71416:21 1445:251448:22 1449:12 1460:11549:2 1572:4,71614:25 1615:1 1626:9

identification 1626:19identified 1496:4,61507:24 1508:2 1511:31533:16 1550:10

1607:21 1609:11,241610:1,2 1620:19,221622:23

identifies 1569:151620:17

identify 1405:1 1524:21619:18

identifying 1606:161620:15

images 1599:10immediate 1403:22,231403:25 1404:191445:15

immediately 1428:211440:1 1448:16 1596:71596:8

immigration 1582:21623:8

impact 1423:15 1441:181444:23 1448:121471:16 1472:24 1480:21490:8 1494:24 1505:91574:11 1582:231615:17 1618:4 1619:251628:12,17,25 1632:221656:6,24 1660:3

impacted 1478:231494:17

impacts 1397:12 1400:221417:16,20 1419:151465:3 1470:20 1471:11471:4,9,18 1498:171561:25 1622:19 1623:71625:3 1632:9 1641:81641:16 1645:4 1656:111659:16 1660:14

impede 1495:16impermeable 1588:41593:19,21

impinging 1439:11IMPLAN 1619:10,15,161619:23 1620:1 1622:71641:20,24 1642:51643:3

IMPLAN's 1620:16implementation 1583:7implies 1395:16importance 1518:251519:24 1520:5 1537:31590:16

important 1426:15



1441:20 1444:251446:11 1448:4 1453:171506:16 1509:12 1519:41527:25 1537:5,191558:13 1630:5 1631:141633:22 1639:17,201640:2,4 1658:13,13

imposed 1401:191539:19

impossible 1424:4,61544:25 1561:3

impoundment 1558:51558:12 1559:17 1597:9

impressive 1432:18improve 1490:211653:10

improved 1526:3improvement 1519:31610:15

improvements 1522:201537:25 1540:5,8,21,221541:2,6

inaccessible 1657:10inadequacy 1504:22inadequate 1421:91473:24 1497:17 1499:81504:20 1617:211660:18,22 1661:3

inappropriate 1541:4inartfully 1531:14incapable 1659:23inch 1483:8inches 1483:2,2 1521:131531:11 1575:22,24

incident 1403:251443:16

incidents 1433:10include 1404:3,7 1444:61456:6 1465:11 1496:141624:23 1645:1,21648:4,7

included 1395:13 1400:51417:24 1498:7 1499:131532:13 1613:141617:22,24 1619:31621:8 1622:12 1624:81624:9,11 1626:111638:11 1639:101647:17

includes 1402:131522:13 1523:17

1544:21 1612:18 1619:41620:11,19,23 1621:23

including 1404:6,14,171439:2,20 1442:201443:8 1465:4 1517:41549:9 1600:24

incoherent 1449:13inconclusive 1625:8,181626:22

incorporate 1520:11574:14 1613:5

incorporated 1459:111519:2 1522:19 1533:51537:9 1539:25 1577:121621:9,22 1642:7

incorporates 1523:9incorporation 1612:24incorrect 1529:171531:18 1660:13

increase 1444:9,11,141445:1 1446:8 1570:21645:5

increased 1438:141441:6 1443:25 1569:23

increases 1431:5 1436:101482:16

increasing 1492:13incredibly 1489:25independent 1424:111447:9,23 1463:14,201465:4 1466:13 1467:31471:22 1472:8 1658:6

Indiana 1406:14 1407:2Indians 1654:12indicate 1651:17indicated 1396:81415:12 1452:1 1517:171525:16 1533:4,131534:13 1543:231544:11 1551:251553:22 1554:11 1573:71595:22 1624:19

indicating 1518:101589:21 1603:22

indication 1545:221596:2,11 1634:5

individual 1421:201607:17

individuals 1607:171651:8

industrial 1613:16

1615:20industrialized 1490:1industry 1487:24 1488:31502:5 1503:9 1514:31514:13 1518:16,19,231519:25 1521:16 1523:31523:4 1540:17 1543:21615:23 1623:9

inferior 1521:3 1538:25infiltration 1574:5,181575:3

inflows 1584:1influence 1532:61583:24

influences 1494:10inform 1459:10information 1403:211404:6 1424:12,181425:10 1426:3 1436:111447:1 1454:1,91474:11 1483:6 1499:21527:13 1545:2 1569:231586:5 1599:12 1600:241626:11 1627:141631:13,23 1632:71633:4,10 1634:19,251635:6 1636:6 1637:81638:11 1649:5 1652:6

informed 1601:25informs 1480:7,7Infrastructure 1513:15infused 1657:3inhibit 1646:5,9initial 1404:1 1525:111577:10 1578:24 1607:91610:2

initially 1396:3,41587:20 1588:21 1612:5

injection 1602:14injured 1404:20injuries 1404:17inn 1640:3,9 1657:22input 1474:21 1480:151621:14

inputs 1418:4 1619:141620:9 1621:17 1642:201642:25

inquire 1475:15 1507:12inquired 1475:16inquiring 1642:19inside 1429:10,10,14

1548:21insignificant 1574:22insist 1409:25inspect 1465:6 1466:4inspected 1401:25inspection 1534:8inspections 1466:9inspiring 1450:20install 1525:8installation 1524:1,3,81524:11,23 1525:12,181536:22 1566:251568:22 1569:8,11,12

installed 1533:14 1537:81567:2 1585:24 1586:11598:1 1602:5

instance 1423:141444:12 1527:16 1632:4

instances 1432:241625:19

INSTARR 1494:2Institute 1494:1 1512:241545:16

instrumentation1458:19,21

insulting 1657:6integral 1406:22 1607:11integrity 1582:231602:13,18

intend 1470:8intended 1464:2intensity 1499:1intent 1405:23 1459:91510:15

intention 1470:3interaction 1438:101557:17 1585:3

interannual 1419:20interest 1389:17 1391:31418:3,7 1422:101449:24 1480:20 1506:11652:20

interested 1449:191458:13 1662:14

interesting 1506:131561:5 1568:18 1652:71652:21 1654:20

interests 1652:25internal 1559:9international 1448:181584:23 1585:1 1612:12



1623:17Internet 1641:23interplay 1564:6interpret 1476:18interpretation 1626:21interrupt 1422:151427:17 1558:161618:16 1619:22

interrupted 1416:11interstitial 1588:11,121590:4,4,12,17 1591:21591:11,16 1593:91597:21

interval 1433:11intervening 1518:11539:22 1592:9

interview 1629:7 1630:1interviewee 1653:22interviewing 1643:8,12interviews 1621:21623:14 1625:101626:23 1629:6

intimation 1458:22intramonthly 1484:16introduced 1520:3introduction 1453:22inversions 1435:11invest 1657:24investigate 1463:141465:8 1466:5,141604:2 1607:15

investigating 1495:101590:7

investigation 1484:81495:15 1567:241593:20 1603:11,14,151603:24

investigations 1586:15investment 1612:251613:6

investments 1613:191657:17

invigorating 1652:21invitation 1449:251505:23 1506:7

invited 1505:17inviting 1449:24involve 1448:24involved 1440:211446:17 1447:3 1448:171448:19 1449:10,19

1450:17,20 1453:231463:8 1473:24 1513:251517:2 1542:4 1558:101559:8 1566:1 1574:161577:8,10,11 1585:61586:18 1640:24 1641:41641:7,10 1652:181653:18

involvement 1394:231562:7 1582:17 1585:3

involving 1445:161470:20 1527:8,111550:6

in/garbage 1642:161643:2

ionic 1529:24ions 1527:7irrelevant 1560:61563:12 1573:17,241579:6

irrigated 1432:4isolation 1582:19ISR 1514:4issue 1394:18 1454:171455:24 1458:15 1461:61472:12 1499:6 1533:11534:3,25 1563:111570:20 1623:1 1651:1

issued 1399:10 1454:111480:2 1550:8 1563:251606:15 1655:12

issues 1399:13,14,251416:22 1455:1 1462:91469:19 1478:8 1517:151535:1 1538:15 1554:121578:20 1658:9,191660:2,15 1661:4

items 1515:5 1528:101647:17

I-M-P-L-A-N 1619:24

JJAG 1389:2James 1390:2Janet 1389:21 1647:221662:4,20

January 1505:13,151513:10,14

JD 1467:14,16Jeff 1477:18JEFFREY 1390:12

Jerry 1390:21job 1445:20 1536:41552:15 1582:20 1583:61645:4

jobs 1500:3 1618:251619:5,9,12,14,17,191620:2,3,5,7,10,161621:12,20,21,23,24,251622:3,4,5,8,11,201626:7,20 1631:3,3,6,91645:10

Johnson 1647:22,22,241648:3,9

joined 1493:8journal 1472:14 1642:3journey 1498:14Juan 1489:16 1492:9,111494:16 1498:4 1620:201629:1,2 1631:8

judge 1414:3 1428:151463:25 1475:11,19,231500:21 1605:121652:23,24 1656:8,221659:1,2 1661:2

JUDICIAL 1389:1jumps 1451:8junction 1421:16 1437:91441:2 1457:14 1558:51558:7,9 1559:1 1560:31560:5 1561:4,17,181644:2,8,22

June 1504:1J.C 1492:13

Kk 1565:22 1566:6,9Kazakhstan 1514:5keep 1447:6 1458:81477:11 1482:191483:19 1484:22 1493:71501:24 1518:231569:18,19 1659:6

keeping 1484:3 1554:241580:4

kept 1402:3 1479:81654:3 1659:24

Kerner 1545:14,15key 1509:13 1620:15KGL 1398:2,10KiA 1566:5kids 1450:22 1489:12

1575:21Kim 1507:21 1512:111513:1 1594:3

Kimberly 1392:121393:8 1510:21 1512:51512:8

kind 1408:17,19,211415:24 1436:111466:21 1472:201476:22 1480:15 1486:21488:15 1509:7 1515:151565:3 1567:4 1591:221596:22 1631:171647:13

kindly 1429:15 1485:2kinds 1434:12,141448:23 1467:7 1472:151477:2 1479:2 1506:121545:21 1597:151601:20 1658:12

Kleinfelder 1429:161450:25

knew 1409:23 1474:211606:18 1609:21 1654:1

knocking 1502:19know 1398:10 1408:161422:11 1425:25 1427:31429:2 1431:6,6 1433:31434:11,19 1437:91442:4,8 1443:151446:22 1453:8 1455:111456:1 1459:1 1460:51461:10 1468:141470:12 1471:3,91472:16,17 1474:201475:1,2 1476:24,241481:8 1483:2,4,7,221484:21 1485:2,151487:16 1488:211502:21 1503:4,71504:14 1505:3 1506:121509:7 1510:3 1533:251541:11 1542:3,5,7,8,101542:10,11,11,231543:22 1547:16,221548:21 1549:5,61555:16 1556:1 1559:71559:8 1560:10 1563:41564:10 1567:20 1568:71568:10 1571:141573:12 1574:25



1584:21 1596:13,201607:4 1609:9 1622:61628:25 1629:9 1631:31631:7,16 1633:121634:4,25 1635:15,171635:20 1638:22,221639:1,9,9,11,211641:13,23 1642:5,191645:13,14,15 1648:11653:4 1659:6 1660:22

knowing 1650:16knowledge 1438:91471:10 1481:2 1483:201483:22 1500:121505:16,19 1506:101520:19 1586:16 1615:51642:12,15

known 1438:11 1441:231442:19 1535:251612:13 1654:5

Krakow 1581:12kurtosis 1439:21

LL 1392:6,19 1416:121608:17

La 1426:24 1435:191441:2

Lab 1451:25label 1483:14labeled 1401:5,6,71402:19 1403:1,61465:2

laboratories 1448:211583:21

Laboratory 1451:221583:18

labs 1451:20lack 1499:2 1557:11582:23 1656:6 1658:7

lacking 1660:12lacks 1497:6,8,10laden 1445:10lag 1596:9LaGrangian 1424:2laid 1537:23 1655:10Lakewood 1390:7land 1432:4 1490:9,211614:10 1615:21 1629:31629:4,9,17,23

landmark 1654:11

lands 1413:9,10 1490:151490:20 1613:16

landscape 1434:151440:10 1490:1

language 1466:121504:21

large 1424:20 1434:161443:17 1444:1,15,231448:18 1551:6 1554:211558:23 1583:221643:14 1644:25 1645:8

larger 1397:13 1410:151438:9 1531:11 1645:4

lasted 1436:14lasting 1433:9 1443:21544:8

lasts 1434:2 1544:9,101567:4

late 1425:15 1453:141539:17 1577:1 1635:161635:18

latitude 1416:1laude 1512:22launch 1576:15law 1390:10 1404:141464:1 1659:9

laws 1465:9,10,12 1466:61466:8,15 1656:1

lawyers 1481:5 1648:231652:24

lay 1472:3layer 1421:5,14 1518:21521:12 1522:141524:20 1539:221560:24 1561:1,6,8,131567:15 1568:4 1588:51593:19,21

layering 1592:23layers 1522:13 1594:5layperson 1496:19leach 1514:1 1521:10,111521:17 1544:8

leachate 1529:18,201530:4,5,8,17 1548:11

leachates 1548:9 1549:11lead 1516:24 1583:181609:13

leaders 1623:15,151625:11 1643:20

leak 1517:13,14 1518:11522:14 1523:25 1525:5

1525:24 1526:5 1535:151536:7 1539:22 1542:171542:19 1545:171566:14,14 1567:5,131567:15,17,20 1568:31568:11 1574:2 1593:131594:14,14 1596:15

leakage 1402:2 1459:251526:25 1527:1,111567:25 1568:2 1590:191590:21 1591:16,17,241592:6,16,21 1593:101594:4,7 1596:241597:6,9 1602:10,18

leaking 1520:16 1545:191551:18

leaks 1404:1 1537:151596:17 1602:3

leak's 1566:15leap 1468:20learning 1565:2leasing 1456:3,7 1475:8leave 1489:22 1535:101650:12

leaving 1401:21,221444:5

led 1485:3 1613:21659:11

Lee 1389:21 1393:31451:2 1580:11 1662:41662:20

left 1467:17 1500:191513:2 1516:23 1559:181588:10

legacy 1488:1 1518:221538:3,11,15,17,20,241541:5

legal 1390:5 1449:141452:7,9 1466:211475:12,18,22 1476:51478:25 1480:161495:16 1522:2,71618:7

legitimately 1635:21legs 1658:15length 1458:20lesser 1499:12letter 1493:23 1497:14,211523:13 1531:19 1537:71552:19 1565:7 1609:31610:11

letters 1493:9,10letting 1556:2let's 1424:7 1427:221429:12,14 1433:211434:1,9 1439:51456:23 1459:15 1473:71512:17 1529:11 1531:31533:1 1534:3 1567:31576:6 1577:21 1586:181587:3 1589:6 1590:81592:5 1597:5 1602:91649:24,25

level 1421:8 1432:13,161496:3 1506:1 1513:91542:12 1555:111576:13 1603:22

levels 1405:4 1495:121496:2,5,10,13 1604:121604:12 1636:24

liberated 1588:17license 1389:6 1394:171394:18 1397:3,111398:3 1399:10,13,141436:4 1452:25 1456:191491:4 1495:21 1496:211496:25 1533:10 1535:21552:2,7 1563:251585:4 1610:16 1626:151655:11 1656:12 1661:7

licenses 1447:2licensing 1397:8,151422:13 1442:7 1443:191444:24 1448:8 1452:21493:19 1496:181516:21 1517:3 1533:231574:14 1581:19 1655:81655:10

licensing/permitting1442:15

lies 1437:4 1498:16life 1400:4 1420:81435:21 1440:9 1448:141448:25 1458:231527:15,16 1537:21545:16

lifetime 1557:3light 1499:5lightbulb 1432:1lights 1654:14light-reflective 1524:61540:1 1569:3



limit 1422:5 1427:11464:2 1518:10 1524:141529:7,25 1531:221535:20

limitation 1460:181596:23

limitations 1417:25limited 1396:24 1397:171401:18 1422:1 1467:71487:19 1532:241555:11 1574:5 1576:161591:23 1614:6 1615:51615:22 1625:8,21

limiting 1500:18 1518:41520:11 1522:22,231573:1

limits 1401:24 1444:81532:10,17 1535:41646:17

Lincoln 1390:3line 1399:1 1405:221406:2 1420:18 1430:71430:11 1437:5 1465:201465:21 1474:2,71479:18 1582:6

liner 1514:12 1517:15,191517:20,21,22,23,251518:5,15,18,21,24,251519:2,3 1520:5,6,7,81520:10,20,23,241521:2,4,5,6,8,11,12,141521:15,25 1522:16,211522:22 1523:2,2,5,5,61523:16,20,23 1524:51524:15,17,19 1525:111527:2,12 1529:15,221535:17,18,21,231536:11,14,18,211537:1,11 1538:131539:1,3,7,13,18,211540:15,22 1542:17,191544:7,10,13,15 1545:31545:23 1546:191547:18,21 1548:61552:22 1553:21,22,241556:9 1560:11 1566:251568:2 1569:4 1570:161573:20,23 1574:151590:20 1591:25 1592:71592:16 1593:13 1594:41594:5,14 1596:24

1602:10liners 1517:13,14,181519:5,6,25 1520:1,1,31520:16 1521:3 1525:51525:8,24 1526:5,24,241527:8 1535:14 1538:211544:22 1545:17,191565:18 1573:4

lines 1404:18 1437:101628:2

lining 1566:21linings 1566:13link 1454:21 1456:19,20linked 1492:14 1649:3liquid 1571:20 1572:101572:16,18,20

liquids 1536:4,13 1557:2list 1429:16 1456:181508:13 1510:10,161579:4 1609:11,17,23

listed 1510:10,11,211514:7 1608:16 1610:231611:6

listen 1413:20 1517:71561:15 1617:14

listened 1487:13 1514:251520:13 1579:8 1653:14

listening 1493:121585:16 1599:16

lists 1409:8,9 1607:161609:21

literally 1488:24 1492:5literature 1429:18 1436:11436:23 1592:21 1623:41623:6 1626:22 1627:71628:20 1632:16

lithostatic 1588:241589:4 1598:15

litigation 1503:21little 1406:18 1408:101420:16,21 1428:23,251432:1,10,17 1433:181437:11 1438:10 1448:71450:13 1451:11,141454:17 1474:4,181482:6 1488:18 1491:131499:5 1505:10 1525:151542:15 1550:231565:25 1574:6,171575:21 1621:131624:16 1640:16 1644:6

live 1416:17 1425:11474:12 1481:6 1488:251489:14,16 1512:11639:1 1657:20

lived 1488:22,23 1639:20lives 1621:7living 1489:11 1657:5lixiviant 1602:17LLP 1390:2load 1402:1loading 1412:3 1439:25loads 1534:24loans 1491:20local 1401:19 1404:141409:3 1418:25 1426:61446:6 1463:7 1466:71474:6 1623:15,191626:24 1636:12

located 1465:4 1467:11523:18 1567:241586:21 1596:15,151604:21 1621:1

location 1550:16,241584:2 1587:12,14,151593:18,18,24 1596:141597:7 1623:13 1628:51628:6,7 1635:10

locations 1400:23 1439:91590:6 1602:24,241625:5 1636:3

lodge 1507:23 1510:171510:18 1578:17

loft 1429:2 1432:6,121576:18

lofted 1421:4lofting 1421:14 1425:81426:2 1428:24 1429:71430:1,8,21,25 1438:61477:6

Lone 1645:22 1654:10long 1421:3 1440:91445:22 1446:18 1466:91474:9,13 1518:101527:24 1544:251545:10 1553:151559:10 1568:7,121573:9 1594:8 1595:171595:25 1655:5

longer 1400:17 1434:31464:1 1532:18 1545:161595:19 1655:20

longevity 1545:8 1573:9longitudinal 1525:1long-term 1417:1 1419:81526:20 1527:141544:19

look 1397:12 1398:121400:3 1407:10,151411:8 1423:25 1425:111426:8 1428:20 1429:141430:6 1434:1,8 1446:31446:4 1453:12 1454:121454:18 1455:15,161456:23 1457:11 1458:21458:11,21 1459:5,131460:1,23 1462:11463:10 1468:7,16,201473:15 1478:20 1479:41480:9 1481:16 1501:221538:17 1541:7 1546:21549:21 1550:9 1559:131559:23 1560:25 1561:91564:2 1566:5 1567:201575:20 1609:8 1628:71630:18 1632:9 1636:11636:2 1637:19 1643:141651:8 1656:2 1658:171658:23

looked 1400:13,221431:21 1432:241453:17 1455:4,201456:6 1459:18,19,221462:2,3 1471:21473:12,14 1476:161479:3 1524:22 1548:91548:10,13,15 1568:81575:7 1628:24,251629:1 1633:7 1638:81641:11

looking 1410:18 1411:171427:23 1437:12 1443:71451:24 1471:7 1545:61546:8,19 1552:211553:1 1555:10 1559:251565:5 1568:10 1609:11609:5,9 1613:41629:10 1641:7 1654:18

looks 1430:7 1463:191631:7

loose 1402:2 1443:71511:10 1609:251651:23



lost 1467:23lot 1394:7 1397:15 1416:11424:9 1435:7,121437:8 1445:24 1446:131448:20 1450:3,191455:9 1462:18 1472:21505:3,10 1545:6,71557:17 1566:1

LOUIS 1391:2low 1431:23 1434:251435:13 1487:19 1490:81492:8 1495:11 1498:211500:8 1517:21 1520:251522:15 1524:18 1530:11530:17 1560:161561:12 1592:10,13

lower 1428:9,19 1434:21435:7 1524:20 1527:161536:9 1544:12 1576:131632:12 1634:5 1635:23

Lucas 1390:3 1392:3,5,171394:2,5,12,14 1398:121398:15,21 1399:2,41400:25 1401:8 1402:161402:24 1403:10,111405:8,12,21 1406:21411:2,5,12,14,18,201412:20 1414:23 1415:11415:5,8 1528:201577:25 1578:14,231579:8,15 1580:81581:1 1583:3 1584:31584:14 1585:2 1594:181605:14,16,20 1609:201610:17,21 1611:31617:12 1637:23,251648:20 1649:111651:24

lunch 1507:2,10lying 1449:8Lynn 1606:5,9,111611:22

Lyons 1390:13lysimeter 1597:11,18,191598:5,8

lysimeters 1597:81598:13

L-y-n-n 1606:12

MMaest 1517:11 1526:1

1529:14 1530:13 1531:61534:23 1552:14

Maest's 1517:7 1525:4,231533:3

magnitude 1521:14magnitudes 1428:7main 1389:21 1390:101474:1

maintained 1412:71651:10,11

maintenance 1395:171535:5 1536:23

major 1396:13,141416:22 1443:2 1492:121509:15 1621:4 1639:81644:21

majority 1434:241488:12

makers 1617:25making 1467:14 1480:81523:24 1528:161657:16

malpractice 1650:24manage 1488:2managed 1449:1 1494:5management 1514:151605:1 1612:12 1618:20

manager 1486:25 1487:11488:18 1497:221516:23

mandated 1521:20,231553:20

manner 1424:11 1500:21511:6

manufacturer 1535:3manufacturer's 1524:23map 1437:12March 1492:16 1512:25margin 1467:18mark 1415:20 1427:71492:18 1494:6 1580:101580:12,15

marked 1580:22 1611:13marked-up 1462:22market 1569:2 1613:181621:6 1631:23

Martinez 1475:11,19,23Mary 1609:12mascot 1655:4mask 1633:25masks 1434:22

Mason 1623:19masses 1497:18massive 1508:13master's 1512:23 1581:101581:14 1612:10

match 1446:9 1506:13material 1399:141403:22 1404:23 1405:21405:11 1408:16 1410:31421:4 1425:8,101426:1 1427:2 1432:121439:10 1440:3 1443:71445:10 1476:20 1493:21530:4 1547:19 1549:121554:19 1560:2 1568:151568:19,20 1597:31648:16

materially 1461:51525:23

materials 1389:6 1395:181397:3 1412:13 1425:121440:10 1445:6 1463:181477:1,3 1482:241515:3 1528:10 1530:21536:11 1546:11,151547:11 1549:221655:11 1656:20

mathematical 1430:16Matt 1390:16 1525:211647:1

matter 1389:17 1480:201482:22 1503:8 1530:241544:16 1546:211551:23 1588:151630:20

matters 1515:8maximum 1429:161430:25 1444:3 1496:51496:13

mayor 1481:3 1487:111488:20

McDonald's 1575:21McMullen's 1656:8,22meadow 1645:22meadows 1645:22mean 1398:24 1439:201479:25 1529:6 1550:251567:18 1574:101584:14 1601:141634:18 1641:18,20

meaning 1598:14

1619:23means 1474:3 1480:91502:18 1539:131565:21 1589:171652:16

meant 1470:16 1476:181558:23

measure 1524:141537:15

measured 1496:21530:22

measurements 1526:221532:8 1598:13

measures 1404:2 1484:21525:17 1532:12 1536:21537:18 1539:251660:15

mechanics 1598:11mechanism 1492:191527:3 1588:7,181589:10

mechanisms 1587:241588:1

media 1604:19median 1439:20 1629:101629:12 1632:5,131634:13

medical 1650:24meet 1418:7 1466:101511:5 1537:20 1554:11618:14 1658:4

meeting 1420:4 1493:111493:13,14,16 1553:6

meetings 1450:1 1501:91553:7,10,12,13,251554:2,4

meets 1539:4 1540:10member 1487:121584:22

members 1657:5membrane 1567:22mention 1455:191464:22 1477:7

mentioned 1409:11410:12 1423:8 1430:241438:2 1453:7 1455:221483:17 1484:8 1502:111502:14 1516:9 1523:81530:13 1533:181568:18 1582:8,131596:3 1608:8,15



1626:6,13 1647:171653:24

merely 1530:16 1537:201563:20

Merriam-Webster1479:11

mesa 1409:17 1410:151419:12 1423:191481:11,16 1539:8,101539:16 1540:3 1541:201541:22 1542:4,5,6,161542:21,24 1543:5,6,141543:18 1544:4 1560:61629:5 1644:12 1645:11645:2

mesh 1531:11messed 1531:6met 1396:3 1432:231541:1 1617:24 1618:11618:4,8,11

Metallurgy 1581:12meteoric 1551:5meteorological 1418:181419:20,21,24 1424:221426:6 1429:18 1458:241483:6 1494:23 1603:19

meteorology 1418:111438:21 1447:121470:10

meter 1404:25 1425:6,171426:18,20 1565:4

meters 1426:10 1428:231429:12 1430:3,91431:3,5 1433:20,211534:18 1576:6

method 1589:17methodology 1630:18methods 1403:25 1404:11538:16 1546:5

Mexico 1582:19 1613:17mid 1539:17middle 1450:18 1458:251465:20 1644:7

Miguel 1399:6 1401:121408:18 1409:171411:15 1437:101454:19 1463:13,19,221466:8,13,22 1467:2,4,71468:2 1477:19 1479:71479:9 1489:6 1490:171490:18 1491:17 1492:3

1494:2 1495:2 1496:11501:15

MILDOS 1420:14,14,171421:2,7,9 1424:101451:17 1452:1 1473:211474:2,5,8,19 1484:121498:5 1499:6

MILDOS-AREA1497:16,19

mile 1430:14 1438:5miles 1410:10 1416:171420:25 1421:5,161425:7 1426:11 1429:131431:4 1432:19 1433:221434:7,10 1443:41455:6 1491:7 1492:21494:8 1498:1 1625:221626:2 1634:17,191654:11,14

mill 1389:6 1394:15,201396:2,11 1397:41400:4,14 1401:221402:13,15 1406:9,101406:13,24 1407:191409:18,24 1410:9,111410:11,23 1416:191417:6,24 1418:241419:11,19,24 1420:181420:24 1421:1,4,101422:11 1426:231435:13,18 1436:3,7,131436:18,25 1437:5,71438:1,14 1439:1,101440:8,11,23,24 1441:11441:13,16 1442:5,171442:25 1443:14,181444:1,16,18,241445:15 1446:7 1448:21448:14,16,24 1449:111452:2,25 1454:221458:19,23 1471:2,121474:7 1477:10,111478:22 1484:5,121487:8,14 1488:81491:4,6,9 1493:4,18,211494:18 1499:151500:20 1501:24 1505:71535:1 1539:8,11,161541:18,18 1542:16,211542:24 1543:7,14,181548:23,24 1549:8,15

1559:17 1560:7 1561:71561:10,12 1563:251585:4,19 1593:241618:24 1619:1,6,101621:17,22,24 1622:141622:19 1623:131625:12,13,25 1626:211629:5 1631:4 1633:61640:4 1641:6 1646:6,91646:10 1647:161654:13 1655:121657:13 1658:2 1659:101661:4

milling 1465:3 1471:121514:4 1518:16 1623:5

million 1398:4,7 1399:101632:10 1634:9

millions 1424:3mills 1520:17 1618:31625:4 1656:25 1659:11

mill's 1659:16mind 1540:18 1600:13mine 1394:22 1395:71400:2 1401:6,211412:2,25 1413:6,151440:24 1441:12,141465:2 1471:2 1496:81513:24 1581:251582:24 1583:18 1584:1

mined 1582:1Minerals 1390:10mines 1417:10 1435:171441:11 1455:24 1465:31465:5,24 1467:1,41477:11 1490:221581:23 1582:4 1625:41625:9 1659:11

minimize 1460:8,11minimized 1487:18minimizing 1500:18minimum 1444:5 1478:41478:13 1489:2 1522:121537:24 1541:5

mining 1390:12 1441:211471:11 1489:4 1514:41514:13 1518:16,181519:25 1521:181540:17 1581:11,211584:24,25 1613:151623:5 1636:20 1645:251658:12,16

Ministry 1613:7minnow 1610:13minor 1396:13,16minority 1488:12minus 1519:8 1566:81592:10 1593:1,2,6

minute 1413:25 1416:31424:9 1504:14 1518:121608:25 1653:22

minutes 1427:22 1428:251429:8,13 1433:221444:18,19 1469:21551:21 1577:211637:10

mislead 1633:25misleading 1657:6missed 1453:16,22mission 1488:7 1653:6,9Missouri-Rolla 1512:22misstate 1526:17mistake 1565:20,21mistaken 1624:20mitigate 1460:8 1461:6mitigates 1525:23mitigation 1424:131461:11 1484:2 1660:15

mix 1438:15 1659:25mixture 1432:4Moab 1558:12,22model 1420:15,22,231421:9,11,19,21 1422:11437:21 1443:121451:14,17,17 1452:11452:16,21 1474:2,101497:16,17,20 1619:101619:15,16 1621:9,221621:23 1622:7 1623:111641:19 1642:2,8,201643:6

modeling 1416:231422:12 1423:3 1424:101436:3 1439:14,171447:12 1456:231497:18 1575:2

models 1417:2,4,6,81420:12,13 1423:3,81424:2,7,15 1435:4,251439:3,7 1441:101442:21 1471:3 1473:231477:4 1484:13 1504:81642:15 1643:4



modicum 1447:21module 1437:23modules 1471:12moist 1483:19 1484:3,221588:16 1594:12

moisture 1554:171588:11,12,13,16,181589:9,13 1590:41591:22 1596:111597:21,21,23 1603:9

moment 1650:19momentarily 1518:9momentum 1439:13money 1460:3 1481:51621:19 1626:9

monitor 1463:14 1501:121501:18 1534:19 1537:81537:10,15 1597:211604:10

monitored 1551:171593:9 1602:3

monitoring 1395:31439:24 1468:1 1497:91497:12 1501:23 1533:51533:6,9,14,15,201534:1 1537:4,51545:18,21 1546:4,8,231546:24 1547:1,2,20,231550:9,12,15 1551:251552:2,12 1585:23,241586:25 1587:1 1589:81590:12,18 1591:241595:16 1597:7 1602:61602:6,9 1605:2

Montana 1612:20 1613:9month 1408:10 1439:191568:13 1649:12

monthly 1395:1 1419:71424:15,16,20 1434:221439:20 1474:241484:14

Monticello 1629:5,14Montrose 1409:161416:16 1477:15,181481:15 1516:5 1619:81619:13 1620:20,241621:8,8 1631:6,81643:22 1644:22,241645:8,9

moon 1654:9Moore 1390:5 1392:20

1392:21 1507:7 1605:251606:2 1607:8 1608:71608:12,19 1609:51611:21 1612:2 1613:231616:9,21,24 1617:1,81617:13 1618:10,151621:13 1623:241624:18 1625:2 1627:21644:13,15 1646:2,131647:6

morning 1394:6,71450:11,12 1461:161482:12 1503:171514:25 1554:111647:15 1653:3

Morrison 1392:121507:22,24 1508:91509:20 1510:21 1512:51512:8 1513:17 1514:181515:22 1516:191518:13 1587:8 1594:3

Morrison's 1393:8motions 1509:11 1511:15motorcycle 1408:131441:8 1445:3

mountain 1390:14,16,181426:24 1497:2,181508:1 1509:14 1579:111580:10,12,24 1607:141609:23 1610:4 1632:211657:5,23

mountainous 1498:9mountains 1435:191489:16 1492:9,111494:12,16 1498:4

move 1399:2 1451:91453:6 1459:15 1476:51524:16 1529:11 1533:11534:3 1551:4,101559:19 1590:1 1591:161594:15,16 1622:31639:24 1651:1 1661:7

moved 1430:10 1481:101490:25 1513:4,7,11,141606:22

movement 1551:11592:20

moves 1551:9moving 1397:19 1398:251399:18 1411:251464:25 1507:17

1559:25 1608:4 1660:16multi 1448:24multidisk 1401:1multifamily 1613:19multimillion 1489:9multipage 1478:19multiple 1422:5multipliers 1642:7multiply 1642:25municipality 1489:81506:15

muted 1584:13muting 1582:12mutually 1453:16MW-2 1550:10,18 1587:51603:16

MW-9 1595:21 1601:5mythology 1658:3

NN 1392:1 1393:1 1394:1name 1395:16 1401:151403:21 1416:7 1423:41448:6 1486:21 1512:71578:5 1606:7,101647:22

national 1451:20,21,251526:14 1527:201562:13,15 1583:201618:2

nations 1426:13natural 1448:6 1583:81659:23

nature 1448:3 1492:151657:10

Naturita 1435:16 1439:21441:4 1491:18 1638:20

NCAR/UCAR 1426:3near 1405:3 1406:91424:25 1561:3 1576:71644:8

nearby 1426:24nearest 1420:19 1421:15nearing 1514:19nearly 1434:21 1491:191521:5 1522:21,23

necessarily 1397:91403:18 1478:6 1546:181603:4

necessary 1421:241446:15 1449:12,14,22

1472:17necessitated 1554:24need 1403:18 1414:111427:12 1472:19 1475:21477:5 1556:23 1561:141568:6 1569:15 1578:161615:1 1621:4 1627:191637:3,3 1649:141650:1 1653:5

needed 1444:7 1508:241511:12 1559:11

needs 1437:20 1442:41471:21,25 1501:231534:1 1569:21 1630:221653:16

Neff 1492:13neglect 1438:25negligible 1574:6,121575:4

negotiated 1606:23neighbors 1420:19NEPA 1446:24 1613:151614:17 1615:15,17,251616:1 1618:4

nervous 1487:21NESHAP 1564:5NESHAPs 1517:5 1562:61562:7,9 1563:10,18

netting 1531:3,10,12,161531:21,25 1532:5,101532:17 1534:22 1535:3

network 1457:15Nevada 1440:17never 1398:11 1455:91509:15 1575:101609:11,16 1624:2,3,31624:16 1638:17 1640:61646:16

nevertheless 1589:241594:6

new 1398:9 1399:11400:16 1418:15 1424:41448:6 1478:25 1481:51582:19 1613:17 1622:31658:15

news 1408:10NGOs 1613:21nice 1458:24 1483:61655:4

nicer 1636:14night 1399:19 1425:15



1435:11 1443:6 1487:101652:22

Nitrogen 1492:20NOAA 1418:12,221457:15

NOAA's 1436:20noise 1571:2 1654:15nongovernmental1613:21

nonlawyer 1653:1nonradioactive 1494:18nonsensical 1627:22normal 1416:23,251418:12,14,15,151419:2 1424:25,25

normally 1511:17,19normals 1418:17north 1416:17 1433:51440:19 1623:18

northern 1586:21,22northwest 1436:25Norwood 1416:181420:20 1423:18 1437:41437:10,16 1439:11445:4 1471:8 1481:1,61481:11,13 1490:51644:4

Notary 1389:25 1662:6note 1419:1 1426:15,221431:13 1432:2 1436:131437:4,15 1438:241439:13 1457:181467:17 1468:23 1519:41528:17 1537:191565:17,17 1611:15

noted 1415:13 1446:121460:1 1519:25 1567:141570:5,8

notes 1451:24 1454:31637:11,16

noteworthy 1607:2notice 1389:16 1465:11480:3 1589:20 1656:17

noticed 1460:6 1492:101589:22 1609:17

notified 1405:6November 1389:4,191491:2 1493:24 1497:151499:19 1508:12,131509:1,5 1515:251516:10 1517:16

1523:13 1531:19 1534:91534:22 1537:6 1550:91553:5 1606:20 1607:101608:1 1616:15 1649:121661:11 1662:17

no-liner 1520:23 1538:4NRC 1446:23 1452:21497:16 1618:2,201656:13,16

Nucla 1389:21 1419:2,81419:12,13 1435:161439:2 1457:19,211512:11 1638:20 1659:3

nuclear 1451:19 1618:171618:19,20

number 1400:4 1410:71435:1 1444:9,171472:1 1474:1 1475:151481:9 1501:9 1520:161530:3 1532:12 1543:131543:16 1545:20 1546:31553:7,13,22 1558:111559:8 1569:1,9 1598:51618:25 1619:12 1620:51622:8,10

numbers 1574:17numerous 1488:151526:13

OO 1394:1object 1398:8 1406:11452:7 1464:18 1465:141468:9,25 1475:141508:8 1522:1 1528:91618:7 1623:22

objected 1405:24objection 1398:251405:21 1414:22 1415:21415:3,4,17 1466:191467:22 1507:231508:19 1510:171515:17 1528:171555:24,25 1577:191579:18,19,25 1606:151611:15 1614:2 1617:5

objections 1496:211516:12 1578:171606:25 1607:1 1616:3

objective 1583:21obligation 1650:2

obliterated 1485:2observation 1534:8,161633:15

observations 1425:41453:4

observed 1419:211588:21 1590:6,15

observers 1432:1obtain 1407:18 1421:20obtained 1418:23 1426:21549:8

obvious 1431:14 1444:22obviously 1400:161407:17 1409:4 1428:71431:23 1462:211487:14 1533:21

occasion 1550:23occasionally 1457:13occur 1429:7 1432:141436:13 1442:25 1443:51552:4 1596:17 1619:201620:10,18,22 1622:211622:22,22

occurred 1406:111433:12 1500:11

occurrence 1586:7,91588:6 1592:3 1594:91596:10 1600:25

occurrences 1435:11582:21 1603:9

occurring 1434:101596:25

occurs 1413:10 1567:171588:3

October 1479:16,211499:4 1606:17 1662:18

offer 1406:8 1427:121486:14 1489:21 1510:71512:15 1516:7 1544:21551:14 1584:4 1617:11628:16 1647:11

offered 1493:18 1508:171632:18

offering 1522:2 1528:41529:4

office 1390:21 1418:11449:2 1451:2 1457:141618:20

officer 1394:2 1398:191405:10 1406:4 1408:21408:4 1413:24 1414:4

1414:9,13,18,22,241415:16,19 1416:3,6,71416:10 1422:22 1427:71427:11,17,21 1447:61450:5,8 1452:101456:10,15 1462:81464:21 1465:171466:19,23 1467:111468:11,18 1469:1,3,51469:25 1475:20 1476:61478:10 1481:21,241485:17 1486:11,17,201486:21,24 1502:231504:13 1506:17,211507:1,4,6,10,14,191510:25 1511:9,241512:4,6,7 1514:201515:18 1516:11,171519:13 1522:5 1528:171529:2,6 1535:91540:20 1541:12,241551:22 1555:221556:12 1557:6 1563:41563:13 1564:13 1566:31570:23 1575:17,19,221576:1,21 1577:1,17,231578:1,4,5,7,9 1579:131579:17,23 1580:3,9,211580:25 1583:1 1584:71584:11,17,20 1594:191594:23 1598:19 1599:11605:9,11,13,21,251606:3,6,7,10,131607:16 1608:18,20,251609:7 1610:24 1611:91611:13 1614:1 1616:51616:7,22 1617:41618:12 1619:22 1624:71624:21 1637:131640:20 1644:14 1646:11646:14,19,23 1647:1,51647:7,10,24 1648:4,101648:21 1649:20,231650:17,23 1651:3,6,221652:3,9,13 1654:231658:25 1661:8

officers 1501:10,221502:1

offices 1471:24official 1505:18off-shift 1410:25



off-site 1533:15oftentimes 1525:6Oh 1415:1 1481:41618:19

oil 1613:15okay 1394:14 1396:201397:19 1399:2 1400:251401:14 1402:6,161405:8 1406:6 1411:191412:9,14 1414:131422:18 1427:13 1450:81451:9 1452:5,121454:13,15 1456:81458:6,7 1462:10,201464:24 1465:18,231466:3 1468:13 1473:181475:7 1476:6 1477:141479:19 1481:171483:11,17,23 1484:191484:21 1485:10 1486:21487:4,22 1499:251502:10,16 1504:241505:21,24 1506:61507:20 1515:161519:20,22 1528:201534:21 1538:8,121541:15 1543:6 1544:111546:23 1548:2,51551:24 1556:131564:18,19 1566:131567:3,12,16 1568:161569:7 1570:19 1571:141571:18 1572:7,151573:3,11,14 1574:8,231575:9,15 1577:21580:23 1581:20 1582:81584:3 1585:2,181586:8 1587:17 1590:161591:2,20 1594:181599:19 1600:171602:22 1605:7,201608:12 1611:15 1616:21616:17,21 1617:191622:25 1625:6 1627:251629:22 1631:8,221633:24 1635:18 1637:81637:22 1638:191639:12 1641:2,171643:8 1644:24 1646:31646:7,18,22 1650:171651:22 1652:15

old 1418:15 1489:41559:25

Olivia 1390:3 1461:161518:8

OMB 1618:21onboard 1404:4once 1409:5 1424:41447:20 1467:6 1585:111588:10 1645:21

ones 1401:17 1463:221521:4 1526:12 1651:17

one-page 1393:5 1580:15one-tenth 1597:3ongoing 1487:25 1488:41563:23 1583:16

online 1402:24on-shift 1410:25on-site 1456:25 1533:14opaque 1449:13open 1489:17 1490:221588:10 1641:22

opening 1393:111414:16,25 1415:1,141422:16,25 1488:161653:24

openings 1582:221583:16

openly 1656:4operate 1433:18 1442:171488:9 1532:16

operated 1465:5 1467:21490:3

operating 1467:3 1543:71559:17 1602:14

operation 1401:6 1444:51444:20 1445:21 1455:61477:8 1479:7 1495:171495:24 1501:24 1532:91641:1

operational 1602:1operations 1397:61400:2 1413:6 1436:81442:25 1448:14,241449:1 1461:3 1476:91501:12 1521:181534:20 1536:221576:12 1602:12 1641:6

operation's 1444:9operators 1443:14Ophir 1420:20 1464:101486:25 1487:2,7

1488:23 1489:3 1490:61490:13 1491:7 1493:11493:7,7,11,21 1494:3,41494:12,16 1495:4,8,201496:17 1497:1,3,51498:1,3 1503:111504:1 1505:20,20

Ophir's 1492:25 1496:211503:20

opinion 1418:21 1419:181421:8 1422:1 1424:91436:2 1438:23 1443:161445:14 1452:111466:24 1470:7,8,131471:16,23 1472:221473:23 1477:2 1537:171576:20 1587:23,231589:10 1618:111622:17 1625:1,2,6,161625:23 1626:17,18

opinions 1469:14 1503:41503:7 1529:8,91580:19 1618:131624:22

opportunities 1489:181489:20

opportunity 1500:211506:3 1508:7,181509:2,16 1515:61524:8 1528:25 1534:161579:12 1624:3 1648:231651:7,12 1652:18

oppose 1495:21opposing 1491:3opposite 1576:18opposition 1496:25optimum 1554:17option 1469:1 1534:101540:7,16 1555:181556:17,25

options 1537:23oral 1493:17 1648:6order 1421:19 1429:191476:1 1525:17 1530:71535:3 1537:10 1574:201581:4 1656:9,22

orders 1475:24 1521:14ordinance 1492:1ore 1399:19 1400:3,61401:10 1402:2,41404:24 1406:12

1409:21 1410:12,201412:4,25 1417:91440:12,16 1445:51463:2,15 1477:91496:9

Oregon 1613:17organizational 1450:1organizations 1613:211615:7

oriented 1424:2 1585:7origin 1437:7original 1402:21 1508:101509:21

originally 1489:41531:10 1649:5

originate 1436:24originating 1436:23origins 1423:17orographical 1494:91498:8

ought 1454:12 1468:6outcome 1443:15,171495:18

outdated 1563:191655:13

outlasts 1544:24outlier 1601:10outline 1415:24,251416:20 1437:12

outlined 1400:3 1436:221440:20

output 1423:13,251424:16

outset 1439:7 1446:161480:18 1642:22

outside 1409:10 1462:71476:20 1498:9,161543:19 1551:131576:10,14 1583:241586:22 1588:24 1589:51597:8 1621:1 1622:22

overall 1625:16 1639:19overcome 1422:5overlaps 1525:1overly 1449:13overlying 1522:14overpermitted 1396:20Overruled 1541:24oversaw 1558:2overseeing 1589:201600:23



overseen 1555:9owner 1639:4,7,151640:2,8 1657:12

owners 1500:23 1643:20

PP 1394:1page 1392:2,23 1411:9,201411:25 1412:5,91453:22 1454:10 1476:11476:2 1608:8,15,161628:2 1631:25

pages 1453:14 1479:20panel 1418:1paper 1528:21 1566:12papers 1404:4paradigm 1418:22Paradox 1416:18 1425:91431:17 1432:2,51435:12 1437:15 1455:81455:9,13 1458:251491:8 1492:6 1497:251498:2 1630:2 1637:91638:19,24 1639:3,211640:1 1645:11,16,201646:5 1654:17 1657:81657:10,22

paragraph 1463:10,211467:24

paragraphs 1448:10parameter 1642:24parameters 1566:1paraphrase 1517:12,131525:7

parents 1489:21park 1623:18 1635:1Parsons 1390:12 1462:22part 1413:3 1417:5,7,111417:17 1426:6 1431:71438:4 1457:14 1462:111472:13,15 1480:2,51481:13,14 1508:161525:1 1528:11 1533:211542:20 1550:6 1552:21552:8,11 1553:251554:4 1558:23 1563:91567:1 1572:4 1573:181573:21 1574:4 1579:151579:20,21 1615:91616:12 1641:141645:10 1655:3

participants 1478:22participate 1495:31500:9 1505:17 1506:71509:10

participated 1415:131492:3 1624:19

participation 1469:24particle 1475:3particles 1424:3 1438:121499:11,14,16,20

particle-following1424:1

particular 1498:131519:4 1547:23 1556:181560:23 1561:121581:16 1596:16 1620:41623:13 1625:4 1627:171627:20 1628:4,4,7,8,211633:19 1635:9 1642:8

particularly 1456:241492:7 1537:12 1554:131574:12 1585:7,201594:15 1607:1

particulates 1492:231493:6 1499:12,12

parties 1389:16 1450:21470:1 1496:25 1505:201508:3 1516:10 1617:111653:17 1655:6 1656:21662:13

party 1391:3 1493:221495:20 1652:19

pass 1463:22 1648:8passionate 1509:23paste 1395:10,12,161554:5,6,13 1555:11556:24

patch 1566:18,191568:11

patches 1566:17path 1440:9pathogens 1438:12pathway 1444:121499:23

pathways 1499:18,19patience 1600:5 1655:11658:20

patient 1653:1patrol 1446:7pattern 1492:25patterns 1419:9 1642:11

1644:18pay 1581:5PDF 1420:6peak 1443:3peer 1447:9,23 1473:151480:5

penetrating 1586:3people 1404:20 1407:201407:24 1408:191410:23 1423:201435:16 1440:151445:17 1472:1,2,91480:7,8 1481:6,111493:16 1501:17 1506:21509:24 1512:1 1519:11528:16 1559:191597:17 1607:221620:13 1623:121626:23 1630:1 1639:11640:6 1643:9,21,221644:20 1645:7 1646:101646:10 1647:151653:11 1656:251657:16,20,24

people's 1502:7 1529:91623:23 1640:11,13,14

percent 1428:24 1429:41429:25 1430:25 1460:21496:5 1533:25 1536:11536:12,16 1555:21621:25 1622:2 1629:12

perception 1612:22perched 1549:25 1550:211586:13,14,18,19,241587:13,15 1588:2,31589:14 1590:5,13,171592:3 1593:9 1595:4,71595:9,18 1596:7,19,231603:20,20

perfectly 1525:9perform 1553:23 1626:10performance 1526:211527:14,21 1534:191536:21 1537:1,111539:3 1544:20 1545:221547:12

performed 1397:231436:18 1529:151530:12 1545:111612:17 1618:24

performing 1626:7

perimeter 1597:8period 1421:21,241425:17 1434:3 1442:181444:19 1513:10,121530:13,16 1532:181550:15 1560:4 1573:51646:6 1649:6

periodic 1604:25periodically 1401:23periods 1429:6 1496:71550:13 1595:18,19

permanent 1400:121441:25 1454:241500:14 1657:8

permeability 1517:221519:7 1521:1,131522:15 1524:18,211529:23 1531:1 1560:171561:13 1565:22 1566:61592:9,13,19,22,251593:3,4,11 1642:24

permeable 1517:191592:14,19,20

permissible 1475:20permit 1395:6,25 1396:11396:9 1397:14 1400:121417:24,25 1418:61436:4 1449:7,11,171452:24 1454:24 1505:41517:5 1562:10 1564:31564:8

permitee 1418:5 1449:211449:25

permits 1396:23 1397:11447:2 1454:11

permitted 1400:18permitter 1449:21permitting 1408:171417:5,8,11,17,21,221422:13 1442:8 1443:191444:25 1446:12 1448:11448:8,23 1449:1,71452:18 1453:3,91454:8 1472:6,6,91517:3 1533:21 1563:21564:4 1617:25

perpendicular 1592:23persistently 1501:9person 1508:2 1589:191599:6,7 1606:181635:8 1642:1



personally 1505:231558:2

personnel 1412:2,3,12person's 1639:16,19pertains 1462:11Perth 1513:11pH 1530:1,6,7,21 1547:41547:4,13,13,16 1549:9

phase 1444:10 1460:141460:15

PhD 1391:2phenomenon 1494:241590:5,14

philosophy 1490:7phone 1487:10,11,131507:6,8 1525:221582:12 1599:16,171617:17 1648:221650:14

phrase 1470:7phreatic 1552:1,3physical 1596:22physics 1439:12pick 1429:20 1576:15picked 1640:15piece 1477:14 1528:21PiES 1455:21piezometers 1537:7pike 1610:13pile 1429:3 1559:201560:1 1567:7

piles 1476:8,11,121485:25

pilot 1582:19pilots 1432:1,7Pinon 1389:6 1394:191418:24 1419:14,191436:3 1438:4 1442:51464:8 1491:3 1492:241495:24 1496:8,9,151516:4,21 1517:251522:17 1523:8,161525:22 1527:5,101535:19 1539:20,241542:13,20 1560:71561:21 1585:4,191588:21 1590:101610:12,14 1617:201618:24 1619:5,101622:19 1625:25 1631:4

pioneers 1654:12

pipe 1548:15,16,191549:20

pipelines 1613:15piping 1534:4,6,14,16,181558:25 1660:10

place 1403:2 1407:211409:22 1413:8 1467:241475:3 1501:18,241526:6 1539:8 1541:181554:18 1561:9 1614:241627:8,12 1638:201655:14 1658:21,211662:8

placed 1477:9 1488:121490:11 1517:21 1520:41521:5 1558:21 1559:181570:6,14,17 1571:12

places 1400:1 1471:81474:8 1509:9 1620:121622:13 1636:14

placing 1560:13plan 1400:2,2,5,8,91401:6 1402:7,11,131403:12,19 1406:81407:5 1409:3 1411:221413:5,6,7,13 1417:151423:25 1443:201461:11 1484:21 1492:41533:6,20 1541:171542:9,20,23 1567:11572:5 1582:19 1610:15

planet 1426:13 1462:31478:17

planetary 1421:51432:13

planned 1532:11,11planning 1397:16plans 1396:6 1400:101404:5 1409:5 1528:161533:23

plants 1494:8plateau 1644:11play 1536:25 1575:21played 1511:9playing 1537:2please 1402:23 1413:191489:1 1510:2 1512:181513:1 1517:14 1561:161581:7,8,20 1585:21593:16 1594:2 1596:221612:6,16 1613:11

1617:21pleased 1512:11pledged 1490:23plot 1434:5Plover 1660:10plume 1497:20plus 1591:8 1593:6PM10 1437:21 1499:11PM2.5 1499:13pockets 1582:21point 1402:17 1409:71411:21 1412:14 1431:21458:4 1466:25 1467:61478:20 1479:8 1511:21519:9 1531:23 1534:11539:1 1545:1 1548:141554:16,19 1584:41591:21 1611:191613:23 1639:111642:14 1652:2

pointed 1531:5points 1394:9 1411:2,71423:11,12,23,231436:23 1533:151552:19 1558:131657:18

Poland 1581:12,23police 1501:21 1502:1Political 1612:19pollutants 1470:211491:9 1494:10,17,191498:19 1562:16

pollution 1395:2,251396:17,18 1436:191437:22 1452:17,221471:18 1473:1,241494:7 1495:19

pompous 1470:12pond 1482:20 1532:3,231548:13,17 1592:31597:6

ponds 1425:23 1531:4,131531:23 1532:21 1549:81568:17,17 1571:101572:10 1585:21

pool 1439:13 1472:8Popielak 1392:171577:25 1578:3,6,10,151578:18,21,23 1579:81579:11 1584:5

populated 1437:19

population 1498:71623:8

populations 1410:151498:5

pore 1546:19porous 1597:25 1598:1,1portion 1509:15 1544:91544:10 1579:18 1645:1

portions 1441:7 1599:191600:12 1635:6

Portsmouth 1613:3position 1394:171438:17 1501:131503:22 1582:5 1655:8

positions 1496:24possession 1405:19possibilities 1460:23possibility 1460:241551:16 1594:6

possible 1424:5 1440:31462:24 1483:181487:19 1495:16,171525:19,20 1535:201571:22 1572:8 1598:12

possibly 1453:16post 1399:9 1648:15posted 1499:4,18potential 1404:171424:19 1425:231437:17 1440:13 1460:91495:18 1531:13 1574:21574:8 1582:23 1590:191591:5 1601:12 1610:131623:7 1625:24 1629:11653:22

potentially 1530:11551:3 1562:1

power 1404:18 1490:131491:22 1494:8 1616:201617:19 1619:8,131622:23 1623:2 1624:51624:18 1626:6,13,161630:4 1631:2 1632:241632:25 1633:3 1634:2

powerful 1435:3,11Power's 1607:13 1616:141617:14,14 1619:31620:22 1621:23 1622:41622:18 1624:8,10,121637:2

practical 1475:13 1476:5



1502:16 1573:1practice 1521:9 1592:221597:13,25 1602:11

practices 1478:7 1487:191500:18

prairie 1660:8precautions 1403:24preceded 1645:25precipitation 1457:16,20precisely 1525:12 1581:6predict 1623:12 1627:17prediction 1581:24predominantly 1498:2prefer 1396:9preliminary 1404:21409:5 1472:18

preparation 1453:111505:18 1506:8 1515:231558:3 1607:11 1614:61624:19

prepare 1506:3 1515:221578:22 1616:101649:16 1656:11,20

prepared 1393:121470:14 1515:24 1558:21608:13 1616:121641:14 1657:19

preparing 1614:14prescriptive 1522:111524:21 1537:201539:19 1541:3 1553:211553:23

presence 1432:2 1587:121587:25 1588:8 1595:221596:19 1623:131625:12,13 1646:8

present 1440:18 1487:121560:24 1589:11 1596:91597:23 1603:171633:10 1651:2 1659:171660:7

presentation 1515:31619:4

presentations 1520:13presented 1419:51453:14 1459:231599:14 1609:13 1632:7

pressure 1419:221426:16,19 1435:91436:9 1443:6 1447:141534:18 1588:22,23,24

1588:25,25 1589:2,3,5,81595:11,12 1598:6,6,71598:14,15 1602:15

pressures 1530:17pressurized 1582:21pretty 1400:8 1418:161429:24 1436:211446:11 1449:171459:21 1464:18 1479:41559:9 1572:1 1576:16

prevailing 1498:24prevent 1472:25 1583:13prevented 1528:14previous 1398:3 1442:141468:24 1515:5 1606:251616:3

previously 1493:111616:22

price 1440:14 1629:231632:9 1634:13

prices 1629:9,10,121633:11,12 1634:4,8

pride 1490:6Priestley 1389:23 1662:41662:20

primarily 1407:1 1489:6primary 1495:10 1496:91499:23 1523:221525:11 1527:22 1568:11610:23 1611:7 1621:11

prime 1610:6principal 1431:191582:18 1653:8

principle 1486:3 1597:20print 1415:20prior 1401:20,22 1420:31440:22 1446:13 1487:51488:19,20 1544:1

prioritized 1490:14private 1413:16 1457:121457:24,25 1477:251483:1 1582:13,171613:13

proactively 1493:1probability 1431:231442:18

probablistisize 1479:12probably 1395:15,191403:1 1416:19 1431:101431:11 1432:3,81433:23 1441:15 1446:5

1453:21 1455:201464:19 1476:211481:11 1482:23 1483:51485:11,23 1512:161569:17 1589:7 1644:11654:6 1659:7

problem 1406:251408:16 1428:21 1439:31439:14 1442:9,12,141454:8 1528:12 1556:211568:6 1642:16,181643:6

problems 1472:51543:18 1638:141659:12

procedural 1496:23procedure 1480:25proceeding 1397:51403:3 1415:12 1508:231563:3,12 1655:61656:5

proceedings 1446:13,131506:13 1652:20 1653:51662:7

process 1394:19 1396:1,41397:8 1417:5,8,11,171417:21 1443:191444:25 1446:12,14,181446:21 1447:2,41448:1,4 1449:8,13,191450:18 1452:18 1453:31454:1,8 1463:8 1470:51472:6,7 1493:191496:18 1504:8 1511:111511:15 1512:1 1524:31529:9 1533:21,231563:2,11 1574:141581:19 1611:201615:15,25 1616:11618:1 1620:16,161655:25 1661:5

processing 1549:21produce 1643:12produced 1398:131438:1 1441:16 1479:1

producing 1423:61439:10

production 1444:8productive 1586:23profession 1582:71643:7

professional 1389:231445:16 1447:9 1471:221472:15 1479:1 1513:211581:19 1584:221613:12 1662:5

professor 1492:181494:6 1582:3

proffer 1514:18 1613:24proffered 1449:25profit 1488:13program 1396:23 1397:21397:8 1436:21 1439:241456:3,7

progressive 1490:7progressively 1513:8project 1390:12 1417:161438:22 1473:2 1491:181494:5 1513:9 1516:41516:21,23 1517:41518:1 1522:18 1527:61527:10 1533:241535:19 1537:12,191539:20,24 1540:101542:4,5,6,13 1552:221553:8 1554:3 1555:181557:10 1558:10 1559:81585:7,8,13,22 1586:181586:21 1601:21,231602:25 1610:12 1614:61619:17,18 1620:4,6,131621:18 1622:9,16,211638:6,13 1639:171640:14 1641:9 1655:211659:19

projection 1599:9projects 1498:5 1513:191514:4 1516:25 1518:221538:3,11,17,21,241582:17 1615:20,23

project's 1620:11,11,211622:12

promise 1487:24promises 1658:15promoted 1513:8proof 1488:8proper 1404:10 1412:31417:4,6,8 1659:8

properly 1406:201421:19 1424:181477:13 1508:21 1567:21636:23 1637:4



property 1406:231500:23 1612:20 1623:71628:25 1629:161632:12 1633:8 1634:51636:2,24 1654:3,6,17

proportional 1426:17proposal 1471:11,191473:25 1560:8 1653:16

proposals 1472:141649:9,19

proposed 1398:41418:24 1442:171494:15 1585:201610:12 1615:20,231648:17

proprietary 1642:12props 1450:23prospective 1625:13protect 1653:10protected 1436:15protecting 1570:12protection 1490:151492:1 1518:19 1519:11521:6 1564:8 1573:15

protections 1478:3,121480:21 1523:9

protesting 1647:16prove 1488:2proven 1502:6 1503:9,101544:14

provide 1412:2 1424:111424:17 1427:2 1433:61462:21 1470:8 1503:41505:14 1512:18 1513:11519:3 1521:5 1539:121545:22 1601:111609:23 1649:18

provided 1425:5 1431:111431:14 1437:3 1458:11469:14 1471:21 1478:31478:4,12 1479:191480:18 1506:3 1509:21509:25 1532:22 1541:21554:10 1563:201578:21 1608:211609:10,11,18 1610:251610:25 1624:2 1638:41638:7,9,11,15

provides 1463:121466:21 1524:7,13,201527:6,13 1534:14

1559:13 1631:12providing 1412:6 1508:71509:8,8 1520:111629:22 1656:16,231658:18

proximity 1404:191582:22

psi 1589:3,5public 1389:25 1390:241403:2 1413:9,10,14,151418:3,7,8 1420:11422:10 1442:4 1443:151449:23 1458:2 1472:21472:25 1480:16,201488:5 1490:20,231491:5,11 1494:21,241499:7,16 1543:151582:15,16,17 1583:2,61583:15 1640:10 1653:71653:9 1655:23,241656:2,13,14 1662:6

publications 1514:8,111514:12 1526:131528:18,20 1539:2

publicly 1642:11published 1492:15,211641:19,24

pull 1409:20 1445:21,231481:2 1594:21

pulled 1455:5 1632:20pulling 1440:16 1445:101523:20 1570:15

pump 1395:18pumping 1585:23purchasing 1644:17purely 1560:2 1568:14purpose 1571:21 1600:91600:10,20 1651:4,61655:7

purposes 1407:4 1440:181518:11 1534:8,81586:2 1602:6,7 1635:31645:7

PURSUANT 1389:16pursuing 1491:3push 1655:15put 1409:2 1414:161427:5 1428:22 1454:51473:7 1476:2 1483:71490:23 1496:241508:18 1509:17

1525:16 1527:191536:18 1537:25 1538:41552:12 1559:5 1561:61564:14 1566:171568:12,25 1572:251597:7,25 1627:81647:13,14,18 1658:9

puts 1552:7putting 1457:6 1520:61536:2 1546:21 1561:111568:21 1569:18,191615:24

P-o-p-i-e-l-a-k 1578:8p.m 1487:10 1507:3,31577:22,22 1605:24,241609:2 1637:14,141661:10

P.O 1390:13

QQA 1542:20qualifications 1563:9qualify 1581:4 1612:5quality 1435:21 1468:21490:22 1494:4 1495:51498:18 1541:17,171542:9,9,22,23 1567:11653:11

quantifiable 1441:17quantifications 1585:9quantified 1434:17,20quarter 1483:2question 1406:4 1408:31410:4 1412:22 1413:181413:21 1450:24 1457:71459:10 1461:8,91467:21 1468:121481:17 1485:181500:20 1501:3,201502:9,12 1516:21531:6 1538:19,231540:12,14,20 1541:81541:13 1542:2,7,221547:7,8 1551:15,241558:17 1561:15 1562:31563:16 1564:131566:24 1575:1,18,251584:15 1587:3 1592:191593:25 1594:251597:12 1605:15 1615:91627:22 1629:18 1641:2

1644:14,24questioning 1405:221406:3 1610:9

questions 1394:71397:20 1399:191405:15 1408:1 1411:81414:1 1418:6 1458:51461:20,25 1462:161464:20 1465:161468:17 1473:211477:15 1481:22,251486:10,12 1493:171501:1,2 1506:18,22,231512:14 1517:101519:13 1527:23 1529:71562:4 1563:5 1570:241576:21 1577:3 1579:101579:12 1581:3 1584:81584:10,12 1594:241595:5 1598:20 1605:71605:10,12 1612:51615:2 1616:4,6 1626:41631:19 1640:19,201641:12 1646:1,24,251647:2,3 1653:151659:14,21

quick 1405:15 1605:141637:19

quicker 1511:18quickly 1464:18 1482:11482:15 1573:4

quite 1401:16 1403:151521:3 1533:2 1594:5

quote 1419:6 1443:221474:20 1475:4,51481:12

quotes 1438:23

RR 1390:2 1394:1radar 1596:18,21 1597:111597:14

radiation 1396:23 1397:21397:7 1405:4 1499:71554:19

radioactive 1389:61397:3 1399:14 1437:181438:15 1452:2,251491:9 1493:2,61655:11

radioactivity 1440:3,9



1451:18 1474:18 1475:2radiological 1499:18radionuclide 1492:41495:13

radionuclides 1436:51438:11 1492:231494:18 1496:3,10,12

radius 1498:6,10,17radon 1395:21 1498:131554:20 1555:7,9,10,141555:20 1556:8,11,161556:21 1564:6 1577:8

raffinate 1529:19 1530:71532:6,19 1547:51548:12

rain 1427:1 1551:9rainfall 1419:23rainstorm 1551:6raise 1416:3 1486:181512:4 1578:1 1606:3

raised 1394:9 1408:141455:1 1459:3 1463:4

ranching 1500:4Randy 1392:9 1486:191486:22

range 1426:25 1429:111433:11 1434:3,9,111443:4 1484:16 1515:121546:1 1596:6

ranged 1433:12 1530:18rapidity 1604:11rate 1437:17 1532:1,7,201565:3,8,9,11 1566:61568:1,2,5 1594:7,8

rates 1401:24 1527:11567:14

rational 1507:1ray 1583:25RCP 1497:22reach 1592:8,17 1593:7reached 1593:14 1594:14react 1623:12read 1403:18 1411:211413:2,18,21 1424:81431:25 1452:21 1456:91463:17,21 1464:41465:19 1468:8 1478:151478:16 1480:141493:23 1496:161497:14 1526:18 1528:11537:24 1540:12,14

1541:25 1542:2 1545:71605:16 1627:15 1628:11628:2

reading 1422:15 1465:71465:8 1466:12 1528:6

ready 1410:2 1511:131653:16 1659:7

reagents 1399:201401:11 1463:3,16

real 1438:7 1487:17,181619:16 1631:22

reality 1439:14realize 1470:13 1577:1realized 1422:25really 1409:23 1423:191427:4 1455:11 1458:241459:22 1471:251472:25 1474:6 1487:171502:18 1529:201536:25 1540:161544:25 1546:7,181547:7,10,11 1557:161558:1 1574:10,251584:13 1630:221633:13 1641:211648:24 1650:151652:20,25 1653:18

realtime 1534:191551:25

reason 1395:19 1473:31474:1 1500:9 1590:221592:1 1639:13 1658:51661:6

reasonable 1424:121436:6 1593:2 1649:181651:20

reasonably 1495:12reasons 1395:15 1475:15rebut 1607:12rebuttal 1507:18,19,251509:9,21 1511:71528:15 1550:8 1578:191578:20,21,25 1579:71579:19 1606:201607:10 1616:19

rebuttals 1508:2RECA 1590:8recall 1399:20 1402:71451:13,16 1475:91504:24 1505:221508:12 1525:5 1552:21

1552:24 1553:5,11,151553:17 1554:6,8,10

Recalling 1436:9receive 1480:21 1492:11received 1505:221512:20 1579:4 1581:101614:13 1647:15

receiving 1498:25Recess 1427:24 1469:41507:3 1577:22 1605:241637:14

recharge 1600:11,20,221601:5,7

recipient 1591:5recipients 1594:17reclamate 1490:22reclamation 1398:1,101460:14 1461:9,11,111500:8 1626:7,10

Reclamation's 1398:6recognition 1581:24recognize 1457:2recognized 1581:13recollection 1520:151525:4 1543:16

recommend 1419:18,231423:2 1439:16,241448:16,23 1532:71654:21

recommendation1500:24 1534:251552:11

recommendations1449:9 1503:5 1524:231524:25

recommended 1422:121534:17 1535:2

record 1398:20,241400:25 1402:17,181403:3,17 1406:61412:6 1417:14 1419:31427:11 1450:16,231456:11 1458:10,211465:19 1468:23 1476:31479:10,20 1502:61507:5,11 1511:1,201543:15 1562:121579:13 1580:8,221582:12 1610:251616:25 1647:14,191648:5 1657:2,12

records 1457:4 1488:51605:2 1658:18

recover 1596:1recovery 1518:2 1522:141536:8 1567:15 1568:31602:12 1604:11

recreational 1489:18,20recross 1398:17 1405:10Recross-Exam 1392:5Recross-Examination1392:4,4,15,16 1405:161408:5 1412:23 1576:21577:5

recycled 1570:171656:17

redesign 1577:12redirect 1392:3,5 1394:41394:8 1411:4 1605:131647:5

reduce 1490:24 1496:121523:19

reduced 1531:11,151662:9

reduces 1574:15reducing 1395:21reevaluated 1418:14Reeve 1659:18refer 1440:7 1565:1reference 1554:6,81631:22 1632:251639:10 1641:25

referenced 1437:241438:21 1494:14 1624:6

references 1609:2referred 1395:10 1457:191476:13 1504:4 1630:141638:17

referring 1404:24 1411:61608:11 1616:15 1617:9

refers 1431:9refine 1532:9reflect 1582:12reflected 1497:191632:12

refurbishment 1590:8regard 1460:5 1514:31521:22 1523:22 1524:41527:14,15 1534:251540:16 1542:12 1555:41555:10 1557:171641:11



regarding 1424:131503:5 1618:24 1659:151660:12

regardless 1469:18regards 1551:14regime 1550:4 1584:21585:25 1600:15,16

region 1440:23 1441:221442:3 1443:18,241469:20 1473:9 1487:151489:20 1620:9 1626:81628:22 1657:6,9,17,25

regional 1417:15,191426:6 1441:20 1444:231445:8 1489:17 1490:141494:7 1499:4 1500:16

registered 1389:231584:25 1662:5

regs 1655:13regular 1501:11 1572:1regularly 1485:9regulation 1563:191656:9

regulations 1396:191465:10,11 1466:6,8,151522:4,6,10 1525:171537:25 1562:24 1656:8

regulators 1501:10regulatory 1401:241451:19 1473:221514:14 1521:20,241523:10 1537:211539:19 1540:9 1553:21553:24 1555:4 1618:21618:17

reissued 1533:10reiterate 1509:23related 1457:3 1461:211461:22,25 1471:181517:11 1625:251636:19 1662:12

relates 1465:1,3 1554:141569:21 1623:10

relationship 1408:81449:17 1615:2,11

relative 1438:22 1449:7relatively 1531:211558:23 1587:5,6

relayed 1395:3release 1421:18,21,241422:4 1424:3 1443:9

released 1470:211577:18 1605:211610:11 1647:8

relegated 1448:9relevance 1438:181563:2

relevant 1474:10 1563:71563:14,15 1645:7

reliable 1470:19 1471:17reliably 1623:12relied 1472:20 1638:4relies 1457:15 1499:6relined 1539:17rely 1445:17 1476:41508:25

Relying 1446:6remain 1495:20remainder 1460:7remarks 1440:5remedial 1413:111495:15

remediation 1495:111516:4

remedies 1495:16remember 1432:251442:10 1451:25 1456:91481:8 1504:7,9 1553:91639:6 1640:8 1641:131645:3 1651:7

remembering 1504:23remote 1409:20 1441:241445:7 1594:6 1657:10

remove 1441:5removed 1404:241589:18

rendered 1492:25renewable 1491:1repair 1424:13 1566:131567:8 1569:15

repeat 1423:21 1471:61476:10 1652:15

rephrase 1402:9 1465:191468:15

replace 1428:17replacement 1402:20replies 1511:16report 1393:4,8 1395:121400:21 1407:14 1444:31444:13 1448:111453:18,19 1457:3,161457:17 1459:11,18

1470:19 1472:231479:23 1494:13 1499:41499:10,18,21 1508:111509:1,21 1510:221515:22 1516:1,81517:16,17 1524:191526:1 1532:3 1534:91534:22 1552:131557:14,20 1578:21,221579:2,7,19 1580:13,181605:16 1606:15,17,201607:9,10,16,20,221608:7,13 1609:1,3,101610:7,12,14,16,17,181610:20,22,22,231611:1,4,5,7 1616:10,131616:15,16,19 1617:221617:24 1618:1 1622:181622:23 1623:3 1624:81624:12,13 1626:121628:14,19,24 1629:61631:2,25 1632:13,251633:5 1637:7 1639:111642:4 1655:23 1656:61659:15 1660:3,5

reported 1431:161434:17 1457:22 1476:21625:10 1636:20

reporter 1389:23 1469:31487:22 1519:101564:21 1581:6 1582:251637:18 1649:4 1662:5

REPORTER'S 1389:31662:2

reporting 1518:11reports 1395:1 1438:201442:10 1444:8 1457:201458:11 1475:6 1476:41497:1,3 1509:211579:1 1607:12 1608:231610:10 1614:14 1618:31623:11,23 1624:1,6,141624:20,23,24 1625:3,71625:17,19 1626:141631:15,20

represent 1444:11457:25 1487:6

representation 1449:6representative 1404:81406:15,19 1407:101425:22

represented 1496:17request 1651:20requests 1479:3 1510:5required 1406:16 1452:21496:12 1533:9 1534:151537:10 1542:16

requirement 1442:71452:20 1467:1 1508:31511:5 1521:21,241532:20 1542:20

requirements 1401:161473:22 1522:12,121523:10 1535:5 1537:211537:24 1539:4,5,201540:9,11 1541:2,3,51553:2,18,21 1555:41618:9,10

requires 1656:10requiring 1542:13research 1438:101442:20 1470:10 1494:21526:14 1527:18,201544:18,21 1545:6,111545:15 1573:7 1574:231576:19,23,25 1583:241592:22 1607:251612:17,18,19,21,231613:2,3,8,18 1623:181626:22

researchers 1623:161625:7,10,17

reside 1513:18resident 1416:2,16residential 1635:2residents 1489:121493:10 1498:111499:24 1500:23 1621:21622:1,3

residual 1405:1resistance 1545:6resource 1426:4 1612:241659:24

resources 1389:5 1390:41390:8 1448:7 1490:161583:9 1584:6 1585:101585:11 1605:1 1613:61657:1

respect 1408:7 1418:171420:12 1422:7 1423:111423:12,23,24 1436:4,71459:22 1468:21 1477:7



1486:1 1590:18 1658:22respected 1426:4respond 1406:17 1445:71455:2

responders 1404:12,141406:10 1409:3,11

response 1400:5 1402:71402:11,12 1403:11,141403:19,20 1404:5,7,131406:8,16 1407:11,131407:16,22 1408:7,211409:2,12,19 1410:1,8,81410:13,16,19,211411:22,24 1412:191413:5,7,12 1431:9,101443:20 1445:14,16,251446:2,7 1455:211461:23 1475:21 1506:41516:2 1563:21 1597:121603:19 1608:3 1616:14

responses 1511:16responsibility 1407:11495:10

responsible 1404:111411:23 1513:23 1517:1

responsive 1406:51510:5

rest 1449:4 1463:231464:14 1598:3 1635:24

Restoration 1490:21restrict 1622:11restrictions 1401:191479:3

restrictive 1396:141397:1 1626:19

result 1494:9 1535:181536:21 1570:2 1630:111662:15

resulted 1490:10 1503:21results 1395:3 1421:211474:22 1493:5 1627:111627:16,16 1630:211643:11,12

resume 1578:25 1608:16resumed 1389:171392:13,21 1515:201616:8

retirees 1441:25 1489:7return 1580:3 1604:5returned 1604:3,7reveal 1443:2 1508:1

revealed 1624:3revealing 1509:1review 1399:15 1438:181438:19 1447:9,131454:19 1471:221472:10,14,19 1473:151480:6 1505:25 1515:61578:22 1613:151656:13,15

reviewed 1543:12,21,241642:2

reviewer 1424:12reviewers 1447:101472:9

reviewing 1449:9reviews 1447:23,231472:16

revised 1574:13revisit 1649:15rewetting 1558:25RFIs 1655:20rhetoric 1657:18Richard 1389:18ride 1408:13 1657:7riders 1441:8 1445:2rides 1438:12Ridge 1389:6 1394:191418:24 1419:14,191436:3 1438:4 1442:51464:8 1491:4 1492:241495:24 1496:8,9,151516:4,21 1518:11522:17 1523:8,171525:23 1527:5,101535:19 1539:20,241542:13,20 1560:81561:21 1585:4,191588:22 1590:101610:12,14 1617:201618:24 1619:5,101622:19 1625:25 1631:4

riding 1494:10right 1399:11 1405:121407:6 1411:17 1415:91415:10,19 1416:41427:19 1430:7 1437:81437:9 1451:8 1455:181457:1 1459:6 1463:141464:12,12,13,211465:6 1466:3,131470:2 1471:15 1473:2

1473:25 1479:12 1482:61482:11 1483:101486:17,18 1503:181507:4 1509:10 1510:141510:17 1512:4 1515:191516:11 1519:241520:14 1536:191537:24 1538:2 1550:191561:2 1566:21 1567:81567:10 1578:2 1579:171579:23 1580:211595:19 1600:4 1606:31609:5 1616:7 1617:41617:12 1627:231629:25 1631:1 1637:231639:23 1642:231646:21 1652:131654:17 1661:4,5

rights 1463:20 1466:21rise 1527:10 1570:1,3rises 1498:3risk 1439:23 1488:111492:20 1612:22,221630:2 1659:10

risks 1403:23River 1491:17 1660:10rivers 1445:9road 1391:2 1409:181410:3 1441:3 1445:161459:7 1644:12 1645:171646:12

roads 1401:20 1409:151413:15,16,17 1417:101441:12 1444:16 1445:81446:4

Robert 1391:2 1392:61416:8,12 1497:4

robust 1480:10rocks 1586:6 1597:15Rocky 1390:16,18role 1516:20 1615:6Roman 1392:17 1550:31550:11 1551:131577:25 1578:3,6,10

romance 1434:13Romania 1613:1,10room 1493:13 1510:241553:17 1647:131648:22

rose 1438:4rotary 1589:16

rough 1419:5 1443:20roughly 1433:24 1440:241443:15 1481:7 1596:15

routes 1440:25Rowe 1526:14,191527:13 1544:111545:13

RPA 1633:5RTI 1623:17rule 1486:8 1508:31511:18

ruled 1475:11,19,231510:3 1511:19

rules 1396:8 1511:101610:1

ruling 1466:23run 1424:15 1439:51457:13 1530:191532:18 1621:5 1639:81644:22

runs 1422:5 1437:3,61443:12 1449:5 1465:121474:5,24

rural 1410:18 1445:17R-a-n-d-y 1486:22R-o-m-a-n 1578:8

SS 1394:1safe 1501:25safety 1412:2,25 1488:6sage-grouse 1660:9,21sailing 1486:8sake 1576:7Sal 1426:24 1435:191441:2

sale 1629:11,13,13salt 1561:12sample 1547:25 1643:131643:15

samples 1530:19sampling 1496:7 1595:51598:8 1604:2

San 1399:6 1401:121408:18 1409:171411:15 1437:101454:19 1463:13,19,221466:8,13,22 1467:2,4,71468:2 1477:19 1479:71479:9 1489:6,161490:17,18 1491:17



1492:3,9,11 1494:2,161495:2,25 1498:41501:15 1620:20 1629:11629:2 1631:8

sand 1425:8,24 1430:2,81438:6 1476:19 1588:14

sandbag 1511:7sandbagging 1509:7sandblast 1439:9sandblasting 1439:6Sandler 1390:16 1392:81392:15,25 1414:1,21481:24 1482:1,31486:2,9 1506:21,231507:9 1570:23,251571:5 1575:15 1584:111584:15,16,19 1605:111605:12 1616:5,61647:3 1658:25 1659:1

Sandler's 1485:18Sandra 1392:19 1606:5,91606:11 1608:171609:12 1611:6,22

sands 1476:8,13 1477:11484:22 1571:10,15,16

sandwich 1524:16Sandy 1607:11sat 1653:13satisfactory 1500:2saturate 1460:21 1530:171536:10

saturated 1460:8,131461:5 1476:23 1482:201554:24 1588:9 1590:2

saturation 1555:11,161587:21 1589:15,22

Saturday 1487:9saw 1408:14 1423:141428:13 1453:241455:10 1456:1 1603:23

saying 1454:20 1459:91479:8 1489:1 1538:241547:9 1572:19 1590:131592:12

says 1464:5 1465:101493:24 1496:2 1510:221532:4 1565:17 1627:71628:19 1633:171645:17

scale 1482:24scales 1470:25 1631:16

scan 1479:4 1480:141484:24

scanned 1401:23scared 1654:1scavenge 1439:9scavenging 1440:2scenario 1412:16 1438:11518:21 1520:23

scene 1404:9,11,16scenic 1441:4,6schedule 1606:231609:18 1649:1 1650:41650:16,20,25 1651:19

schedules 1649:15scheduling 1650:12,13scheme 1469:24school 1439:12 1463:251582:4 1612:12

science 1426:5 1447:241470:10 1583:17,201612:9

Scientific 1492:21scientist 1460:4scintillometer 1404:25scooping 1559:1scope 1541:22 1630:5,91630:12,13 1633:19,211634:1 1635:22 1636:5

scopes 1630:15 1631:15screen 1394:25 1397:23script 1657:20scrutiny 1471:25sealed 1598:3 1601:14,151601:15,17

search 1462:19seasonal 1425:3 1445:131644:17

seasonally 1644:9seasons 1501:11second 1411:20 1425:61425:17 1426:10,19,201427:18 1428:231429:12 1430:3,91431:3 1433:21 1441:251451:14 1456:231463:10 1502:9 1519:81565:4,19,19 1566:91588:7 1591:4 1592:111593:1,3 1594:10,21

secondary 1417:101441:12 1527:16

1534:15 1544:12secondly 1475:18 1527:11532:19 1595:101622:15

second's 1433:22secret 1655:22section 1430:23 1431:7,81431:13 1438:191447:10 1454:4 1465:211586:21 1635:4 1656:10

sections 1393:5 1412:221448:10 1453:15,171462:16 1580:16

sector 1582:14,15,16,181583:6,15 1613:13

secured 1402:1see 1416:18,19 1420:111428:1,21,23 1429:8,231429:24 1430:3 1432:101433:14,19,23 1434:41434:24 1435:6,101437:8,14 1442:41446:1,4,5 1447:241450:20 1452:20 1457:81457:10 1461:2 1468:71475:6 1484:20 1485:51501:7 1510:22 1512:171515:2 1518:8 1520:91522:20 1524:111528:25 1531:7 1551:71551:17 1556:4 1568:221569:13,14 1588:61595:17 1597:9 1599:81607:3 1608:18 1629:31634:15 1635:231649:21 1651:12,181653:25 1654:9,10,141654:15 1655:241657:25 1659:121660:24

seeing 1458:24 1636:23seeking 1395:25 1491:4seen 1398:11 1432:61437:6 1451:6 1462:61557:19 1564:3 1574:171601:21 1655:23

seepage 1517:19,231518:3 1520:11 1522:221522:23 1525:201535:17 1536:101547:20 1573:19,23

1574:16 1588:3 1591:61596:24

seeps 1569:17,19select 1407:17selected 1555:18selective 1626:14,16send 1406:15,19 1407:91471:25 1518:9 1548:11645:22 1648:16

sense 1430:20 1444:22sensitivity 1630:141631:2,11,12

sent 1414:20 1497:141510:9 1609:2

sentence 1464:4 1474:15separate 1396:1 1417:141453:3 1464:14 1467:91477:17 1579:191590:14

separated 1522:13September 1508:101509:12,20 1510:91514:7 1578:24 1580:131606:16 1607:9 1608:81608:13,14,22 1609:11611:8

sequence 1425:4series 1419:25 1430:11477:15 1587:20

serious 1417:6 1435:21473:11 1499:3 1657:41659:11 1661:3

seriously 1485:24 1536:6served 1491:24 1516:23serves 1437:16service 1441:14 1469:101490:19 1493:251527:15,16 1615:19

services 1481:12 1581:19session 1493:12,13,16sessions 1418:8set 1401:1 1402:211409:5 1429:3 1537:211539:5,6,20 1562:41617:25 1618:1 1637:111662:9

sets 1419:9 1533:23setting 1445:18settlement 1399:5,81401:12,15 1403:131411:11,14 1454:18



1461:17,24 1462:111463:11,12 1466:111477:17,20 1478:131495:1,4,25 1500:101501:7

seven 1433:24 1492:12severe 1460:18,19severity 1405:4shale 1560:13,16,241561:2,6,9,13,14,16

shallow 1533:13 1552:11587:5,6,7 1603:13,15

shallower 1603:21shares 1655:9shed 1499:5Sheep 1390:14 1497:21508:1 1509:13 1579:111580:10,12,24 1607:131609:22 1610:4 1657:5

sheriff 1408:12 1410:61446:6

Sherman 1390:22she'd 1563:9shines 1654:10ship 1559:5shipments 1404:31412:11,18

shipped 1401:17shipping 1401:10 1404:41406:21 1407:24

shoot 1644:6shop 1643:23shopping 1620:141621:4 1643:9

short 1421:3 1448:101595:18 1652:12 1657:21659:6

Shorter 1443:5shortfalls 1494:22shorthand 1662:8short-time 1470:25shot 1519:19shoulder 1407:10 1655:4show 1409:23 1423:171427:13 1428:5 1430:181433:6 1434:16 1436:211523:15 1526:23 1539:21545:16 1609:7 1616:161632:7 1657:11

showed 1394:24 1430:241431:1

showing 1444:141524:12 1634:12

shown 1419:10 1434:231494:6 1519:6 1521:241522:16 1538:141544:23 1545:11

shows 1430:17 1518:5,171530:25 1545:101550:22 1575:2

shut 1394:12sic 1477:16 1638:7side 1396:21 1440:171453:18,19 1460:221494:16 1564:251592:10,25 1645:17

sides 1494:12sight 1474:13sign 1407:20 1645:17signature 1479:201662:17

signed 1479:21significant 1430:221435:1 1490:15 1497:241519:3 1542:13 1586:41586:23 1589:8 1590:221594:11,17 1643:13

significantly 1498:101526:3 1574:6,15

signing 1407:23silt 1588:14similar 1419:9 1449:251539:23 1540:5 1561:131565:4 1575:20 1633:71656:18

simple 1439:12 1633:121661:9

simply 1587:13 1604:191633:17 1656:17

sincere 1446:18 1653:18single 1418:1 1421:131422:2 1520:8 1521:6,81521:10 1522:221526:24 1534:4,7,10,131538:5,6,8,10 1544:6

sir 1469:22 1471:14,14,201472:21 1473:131595:20

sit 1559:18 1640:171650:15

site 1399:20 1401:21,221404:13 1418:24,25

1419:4,7,11,19,241420:24 1421:1,101422:8,9 1424:221426:4,23 1434:171435:2 1436:7,131437:5,7 1439:10,25,251440:1,4 1441:1 1444:71454:22 1456:181458:19 1459:6,61470:22 1484:6 1485:11492:21 1494:15 1499:51499:15 1500:141536:14 1537:131546:14 1550:1,5,71557:1,22,24 1560:181560:20,23 1561:1,4,51561:10,17,19,20,211577:9 1585:20 1586:141588:22 1590:10 1595:41601:13 1602:19,201604:14,23 1632:231634:7,16,17,18 1635:21635:5,21,24,25 1636:31636:3 1654:2 1660:7

sites 1401:21 1413:151444:3 1590:8 1626:81631:24 1633:9 1636:19

site-specific 1423:21546:10

sits 1489:15sitting 1410:1,22 1429:41559:25

situ 1440:2 1485:81602:12

situation 1409:12 1436:71445:11 1455:111461:13 1482:251485:19,24 1518:211560:10 1586:161632:16

situations 1559:21six 1433:13 1444:191655:5

six-day 1649:16size 1396:10 1401:181425:12,25 1482:241485:20,22 1499:131531:12,16 1643:14,151645:5

sizes 1485:21skewness 1439:21

skiers 1489:19skip 1404:22skipped 1405:10sky 1432:11slide 1518:5,17 1519:91523:14 1525:3 1564:151564:15 1619:2,2

slides 1518:7,14 1617:91637:21,22

slight 1422:4slightly 1418:15 1428:5sloppy 1559:9slow 1487:21slowly 1581:6slurrying 1558:20SMA 1393:2small 1430:23 1431:71470:25 1490:3 1506:121527:2 1550:13 1551:71565:7 1592:6 1594:7,81644:6

smaller 1499:14,15smallest 1525:19SMA's 1510:20Smith 1485:2smoke 1416:19 1654:15Smuggler 1632:211634:16 1635:2,5,21

snows 1654:10social 1658:10societies 1584:22Society 1584:24socioeconomic 1500:31610:7,15,17 1613:141613:24 1614:7 1617:201617:23 1618:4 1630:101638:10 1639:171641:16

socioeconomics 1614:11sociological 1638:7sodium 1529:21,25software 1420:6 1620:21641:20,20 1642:3

soil 1517:22 1521:141554:16,18 1588:16

soils 1586:6 1593:22solar 1490:13Solar's 1657:17solid 1537:4 1588:15solidify 1610:4solids 1532:5



solitude 1489:18solution 1530:7,221547:17

solutions 1513:181529:25 1530:1

somebody 1406:251407:5

someday 1552:6somewhat 1420:7 1563:7soon 1462:24 1520:5sophisticated 1442:21sorry 1394:11 1411:13,161414:15,23 1415:51416:10 1425:14 1431:31458:6 1464:10 1467:231482:11 1486:5 1487:211501:19 1505:5 1509:41516:15 1519:211541:25 1549:171558:16 1560:7 1562:31563:13 1571:1 1577:21578:16 1583:2 1587:141590:10 1591:14 1600:41608:10 1616:17 1618:61618:14,16,19 1619:241621:15 1625:141628:11 1629:191630:21 1633:3,41634:18 1638:2,51641:2 1645:2 1654:211656:18

sort 1394:8 1402:141412:15 1449:14 1450:11568:4 1587:12 1597:71602:16 1658:1

sorts 1481:5sound 1470:12soundings 1421:17,231423:5

sounds 1465:15 1562:21source 1396:13,13,14,161491:25 1493:3,71494:20 1496:101601:12

sources 1425:23 1496:41642:6,9,11

south 1433:2 1440:191583:18

southwest 1433:31436:24 1437:5 1488:221498:24

so-called 1477:9 1597:25Spaanstra 1390:2 1392:71392:12,13 1415:111422:14,18,24 1450:71450:10 1452:8,13,141456:12,17,21 1462:131462:15 1464:241465:15,18 1467:5,131467:15,20 1468:1,5,141468:22 1473:20 1475:71475:14,22 1478:91485:14 1501:1 1504:111504:16 1507:21 1508:91509:19 1510:2,201511:22 1512:3,101514:17 1515:21 1516:71516:15,19 1518:7,131519:18,21 1522:251528:5,8 1529:4,10,111535:6 1541:21 1551:191556:2,10,13 1557:51563:1,8 1564:201571:1 1608:21,221651:24 1652:1

space 1420:2 1440:8,111489:17 1490:231572:19 1601:16

spaghetti 1598:4sparse 1443:24spatial 1440:17speak 1444:8 1485:131546:25 1550:2 1593:151610:1 1621:13 1639:9

speaking 1545:121546:13 1576:12 1581:51626:23 1639:14 1640:8

speaks 1656:22special 1397:14 1437:111443:12 1658:11,21,21

specialized 1472:11513:21,23

specialty 1543:19species 1659:16 1660:7,81660:13,18,22

specific 1421:15 1423:111423:23 1428:8 1453:151457:18 1555:8 1627:81631:24 1641:12

specifically 1407:151413:20 1496:251497:13 1517:20

1529:24 1530:4 1543:251550:2 1586:1 1656:9

specifications 1497:6,9specifics 1493:18specified 1620:4specify 1567:16speck 1432:10spectrum 1485:21,22speculate 1646:15speed 1418:19 1419:71421:7 1426:18 1427:31427:16 1436:10 1608:4

speeds 1428:8,9 1433:11433:20 1434:25 1435:71498:9

spell 1467:12 1578:71583:1,3 1606:10

spelled 1522:4 1523:121523:13

spells 1522:11spend 1462:18 1620:131622:14 1638:12 1659:4

spending 1619:19,201620:6,18,21 1621:161621:18 1622:16,201631:4,9 1638:12

spewing 1654:5spill 1406:11 1408:11spilled 1404:23spills 1404:1,18 1445:17spirit 1609:25split 1644:8spoke 1533:11 1573:51629:2

spoken 1639:3spots 1405:1spray 1485:7,20sprayed 1486:1spraying 1485:11spread 1409:21 1593:171593:25 1594:1,11

spring 1425:3sprinkler 1485:11sprinklers 1532:18sprinkles 1485:8sprinkling 1485:8squeeze 1648:13ss 1662:2stabilized 1531:1stack 1554:8,13,151556:7,17,24

stacked 1560:14stacking 1558:8,19stacks 1542:9staff 1460:25 1490:41513:5

stage 1420:8 1496:18stand 1447:22 1606:251624:17

standard 1417:1 1419:41521:9 1540:17 1544:71562:19 1657:2

standards 1401:101466:7,9 1468:21562:15 1590:9 1617:251618:1 1658:4

standing 1493:13stands 1449:12 1619:25start 1414:5 1450:71460:15 1465:24,251483:24 1509:4 1581:21648:5 1652:14 1654:17

started 1513:5,16 1520:11553:1

starting 1465:20state 1389:25 1401:191405:5 1413:16 1416:21440:21 1444:14 1446:71448:4 1449:6 1453:91453:23 1465:9,101466:6,15 1486:211491:19 1501:16,251502:2 1503:23 1512:71523:4 1536:15 1542:151549:13 1551:121552:18 1562:21,231564:10 1578:5 1606:71612:9 1651:15 1652:51653:8 1662:1,6

stated 1420:14 1522:31531:19 1532:2 1533:81535:16,16 1537:71545:13 1587:8 1629:7

statement 1392:231393:11 1414:16,251415:1 1422:16,251443:22 1458:181478:14 1488:7 1529:171590:23 1592:1,11653:6,24 1660:5

statements 1415:141497:3 1615:18



states 1426:11 1438:191492:14 1514:5,161521:9,23 1522:101526:22 1543:7 1555:31581:13 1582:2

statewide 1632:5,11state's 1453:12state-of-the-art 1488:10static 1590:1,24stating 1535:24 1547:19station 1410:2,221412:16 1418:22 1419:21421:16 1457:131458:25 1459:8

stationed 1445:15 1502:3stations 1417:1 1456:251457:5,11,12,191459:12

statistically 1430:221435:1 1643:12

statistics 1421:221439:20

status 1493:22 1495:21statute 1602:12stayed 1599:22step 1619:18stepping 1469:9Steve 1477:25 1497:22stick 1454:4sticking 1655:1stigma 1623:2,4,6,91625:9,19,21,24 1626:11626:22 1627:6,11,211628:3,3,6,22 1632:6,81632:11,15 1634:5,71635:20 1636:1,221639:18 1640:3 1653:21

Stills 1390:9 1392:4,5,81392:11,13,14,16,18,201392:21,24 1394:10,241397:20 1398:8,14,171398:23,24 1405:14,171405:24 1406:6,71408:1 1411:16,191412:21,24 1413:18,231415:3 1452:6,121462:5,10,22 1465:141466:17,20 1467:231468:4,9,13,25 1469:5,71475:25 1476:7 1478:111486:16 1503:12,16

1504:17 1507:5,12,151507:17,20,23 1508:141508:19 1509:24 1510:11510:5,8 1511:2,231514:22 1515:161516:12 1522:1 1528:31528:6,9,23 1535:9,111535:13 1540:12,18,211541:16,25 1542:81555:19,24 1556:4,5,141557:7 1562:2,5 1563:61563:17 1577:4,6,161578:16 1579:2,14,211580:2,6,17,23 1584:8,91594:20,23 1598:20,211599:3 1605:7,221606:14 1607:181608:10 1609:7,81610:10,19 1611:111614:4 1616:2 1618:61623:22 1624:2,9,151627:5 1628:1,91637:10,15,24 1638:2,31640:19 1649:2,14,221650:8,11 1651:7,11,171651:20 1654:23,24

stint 1513:12stipulated 1510:6stock 1395:11stockpiles 1477:9stop 1399:3 1445:41646:21

stopping 1646:11storage 1514:2,141521:22 1522:9 1554:141554:20,23 1555:3

store 1621:4 1639:4,7,81639:16 1643:201644:21 1657:12

storm 1417:3 1437:251439:8 1483:16

storms 1430:19 1431:201433:9,12,17,181436:14 1442:2 1443:51445:13 1498:18,22,251499:2

straight 1474:2straight-line 1420:22strata 1592:9strategies 1613:22strategy 1656:21

Stratus 1515:1,9 1516:21531:11,20 1550:101585:15 1605:171607:21,22

stream 1439:11 1548:201549:1,14

streams 1445:9 1548:131549:7,17,19

Street 1389:21 1390:3,171390:22 1662:21

strength 1529:24strenuously 1508:15stricken 1556:12strict 1606:22strike 1555:21 1556:11stringent 1521:15strong 1432:2 1433:41483:16

strongly 1395:20struggling 1428:13stuck 1481:9student 1442:11studied 1484:3studies 1397:10 1483:171483:20 1526:101618:23 1619:4,7,7,111623:9,16 1627:14,181632:8

study 1400:13,191437:20 1438:3 1454:251455:4,13 1456:111468:10 1482:22,231492:4,13 1493:51494:4 1499:6 1526:221619:21 1620:3,5,9,101620:15,19,22 1621:201622:1,4,11,23 1626:201627:11,19 1628:31630:5 1633:1 1639:251644:25 1645:5,6,10

stuff 1459:19,25 1464:61484:1 1654:5

subject 1421:6 1426:231445:6 1447:9 1476:211477:12 1509:111516:11 1551:23 1614:11616:2 1617:4

submit 1414:25 1510:131607:8 1648:1 1649:14

submitted 1447:141517:16 1607:10

1608:14 1611:4 1616:201652:6

Subpart 1562:19,241564:5

subsequent 1438:201533:7 1587:10

substantial 1400:91444:14 1595:12

substantially 1526:241527:11

substantive 1496:23success 1544:3successful 1493:22sucks 1483:10suction 1598:10suffer 1472:24Suffice 1495:8sufficient 1436:61660:14

suggest 1443:11 1528:241632:6 1650:13

suggested 1446:1suggestion 1534:91552:6

suggests 1437:24suitable 1402:5Suite 1390:3,6,10,171662:21

summa 1512:22summary 1393:51438:18 1513:1 1580:15

summation 1621:10summer 1426:22summertime 1441:8Sup 1476:2Superfund 1612:231631:24 1632:21 1633:91634:7 1636:3,191654:2

supplied 1429:151440:12 1653:1

suppliers 1442:51620:12,25 1622:12

supply 1428:17 1445:51491:12,14 1492:251583:7,9 1614:181658:8

supplying 1417:91440:25 1454:1,91496:8

support 1442:1 1508:22



1533:10 1592:1 1626:151626:25 1632:191647:16 1658:191659:23

supported 1412:181592:21

supporting 1402:13suppose 1650:5supposed 1609:241641:23

suppression 1476:22sure 1402:1,24 1406:191409:11 1415:20 1419:21425:11 1434:131451:15 1455:3 1457:11462:1 1470:16 1511:111535:11 1566:181591:15 1608:10,191637:13

sures 1487:18surety 1397:21,22 1399:91399:15

surface 1421:2,7 1425:221426:17 1437:161439:18 1440:2 1491:111491:15 1494:201497:11 1533:15 1540:21571:13,22,24 1572:131573:2 1576:7,12,131583:11 1586:7,10,111589:21 1598:4,14

surprise 1559:11 1608:21609:19 1624:17

surprised 1448:3surrogate 1435:6surround 1571:10surrounding 1409:181490:11 1514:15

survey 1524:1 1542:181542:19 1643:18

surveys 1660:12,17,191660:21

survive 1576:5,8suspended 1499:12suspenders 1535:20suspension 1495:17,241496:14

sustained 1443:41465:17 1478:10 1557:6

Swan 1467:18swell 1530:1

swimming 1570:7switch 1440:5sworn 1416:5,13 1486:191512:5 1578:3,111606:5,19 1611:23

synthesize 1631:14synthesizing 1631:20synthetic 1530:5,81548:9 1549:11

system 1394:24 1395:41426:14 1437:16 1485:81485:11 1491:21,241517:19,23,25 1518:21521:25 1522:14,16,211523:16,17,18 1526:81526:21 1531:4 1534:191535:5,21,23 1536:6,81536:11,14,18,21,23,241537:1,4 1539:1,18,211540:15 1544:13,161547:18,21 1553:21,221553:24 1556:9 1560:111564:4 1566:25 1567:151568:2,4 1570:131573:20,23 1593:141595:5

systems 1518:15,181520:20 1526:2 1527:241532:14 1535:17,181537:5,11 1539:3,141545:3,21,23 1546:201547:2 1566:15 1572:24

S-a-n-d-r-a 1606:11

Ttable 1426:9 1433:211434:9 1449:24 1450:31619:2,3 1624:25

tail 1430:12 1445:22tailing 1395:10,16 1514:21514:13

tailings 1395:10,11,13,201395:22 1425:11,13,221425:25 1429:3 1431:61457:3 1459:16,18,221459:24 1460:6,12,161476:8,11,21 1482:191483:3 1514:15 1521:221522:9 1539:15,181540:4 1543:25 1546:171546:22 1547:5,12

1548:11 1554:5,7,9,131554:13,14,15,16,20,231554:24 1555:1,3,12,181556:8,17,25 1557:41558:5,7,8,10,12,12,191558:21,25 1559:1,9,141559:17,20,25 1560:191563:21,23 1564:11566:21 1567:7 1568:251569:13,16,18,24,25,251570:6,7,12,18 1571:101572:10 1573:18,19,221573:23 1574:19,19,211576:13,16 1585:201590:20 1596:14 1597:8

tails 1551:18take 1407:5 1410:2,81423:4 1427:22 1452:101454:12 1459:13 1462:11468:7 1469:2 1470:241495:11 1501:22 1502:31507:2 1550:9 1556:211567:19 1568:6,10,131592:7,17 1609:81618:12 1622:4,51627:7,10 1630:151631:20 1637:101648:11 1652:7

taken 1403:24 1424:211426:2 1432:20 1435:41441:17 1443:181468:16 1503:23 1532:81537:18 1557:101577:21 1644:16,191662:8

takes 1595:17 1596:51655:8

talk 1394:15 1395:91451:13 1487:211491:13 1502:231512:12 1531:3 1550:41566:10 1629:16 1650:11658:10

talked 1397:4 1401:31412:25 1430:4 1462:81549:25 1586:12 1601:41639:4 1643:8,19,21,221648:12

talking 1399:3 1411:101427:14 1447:6 1453:61480:11 1541:21 1554:5

1559:16 1571:6 1575:51593:4 1657:18

talks 1400:19Target 1621:6Tarlton 1454:2 1477:251493:24 1497:15,221504:24 1505:14 1533:81651:10

Tarlton's 1452:16tarpaulin 1402:5task 1499:9taught 1613:8tax 1481:13taxpayer 1488:4 1500:10team 1404:13 1406:171407:11,14,22 1410:141410:21 1412:19 1611:61613:3 1616:12

teams 1407:16 1409:191410:1,8,16,19

tear 1400:17Tech 1513:2,4technical 1403:211496:20,22 1514:7,111564:25 1589:4 1658:41658:9

technically 1420:71427:4

technique 1632:241633:7 1635:9 1640:1

techniques 1417:21419:4 1597:13 1637:3

technologies 1539:71655:13

technology 1512:241539:1 1555:14 1556:61556:15,19,22 1559:221560:1 1573:15

telephone 1650:7telephonically 1390:181390:23

tell 1408:20 1459:71481:4 1487:20 1488:171544:25 1548:25 1556:51567:23 1581:201597:17 1622:6 1648:231654:16 1655:18

tells 1568:5Telluride 1399:51401:12 1411:151420:20 1423:17



1436:24,25,25 1438:251454:18 1461:18 1462:31463:13,19 1464:91465:6 1466:13 1477:151477:19 1478:16 1495:21496:1 1501:15 1636:221657:9

temperature 1418:17,191419:22 1457:16,201565:15 1570:1,3

temporary 1495:161496:14

tend 1655:15term 1502:19terminated 1495:8termination 1530:20terming 1520:8terms 1452:14 1453:91468:7 1509:22 1526:251584:18 1621:3 1639:11642:8 1648:17 1656:23

terrain 1420:24 1421:121431:17 1474:3,6,9,131474:17 1497:18,211498:9

terribly 1634:8test 1530:21,25 1566:171568:11 1595:15 1601:51601:7 1604:19

tested 1573:5 1602:13,171602:18

testified 1395:241416:13 1432:8 1451:111451:16 1461:3,51471:15 1472:221474:12 1485:151503:25 1517:6 1520:121525:6 1533:19 1543:211544:6 1551:20,221562:5 1563:6,81578:12 1593:12 1600:81600:14 1611:24 1627:61627:10 1639:24

testify 1414:10 1462:61466:20,24 1475:81500:21 1502:251504:23 1510:16 1515:71515:11 1517:13 1522:51543:1 1547:3,111555:20 1577:131579:24 1580:20

1591:15 1605:5 1611:171615:8,10 1624:21,251646:20 1659:25

testifying 1398:91415:14 1465:151469:20 1473:16 1478:91506:11 1577:20 1618:71618:8 1623:23,241624:23 1637:161644:15 1646:2

testimony 1392:7,101399:1 1414:16 1437:141440:20,22 1442:141452:15,16 1453:71466:2 1468:10,211469:13 1470:7,181471:5 1472:18 1473:221476:7 1477:25 1478:111480:5 1484:11 1486:141488:11 1497:2,41500:22 1505:2 1507:131508:4,24 1514:241515:1 1517:7 1523:11525:4,10 1526:21528:11,24 1529:31531:14 1533:3,4,71534:6 1535:14,221538:20 1550:6 1551:141554:10 1556:111557:23 1558:1,151560:5 1563:10 1577:71578:22 1579:6 1585:161594:13 1599:9,16,251602:22 1603:1 1604:221607:13 1616:201617:10,14,15 1623:31628:16 1629:22 1632:11633:5 1634:1 1637:21640:11,14,17 1646:20

testing 1495:5 1529:151530:5,9,12,18 1548:1,71548:10 1549:121566:18,24 1573:121587:11 1600:10,20,211602:9

tests 1530:3 1544:241548:7

thank 1403:9 1405:91409:13 1413:23,241450:4,21 1451:231454:15 1456:21

1458:13 1459:9 1467:51468:4,19 1469:8,10,121473:18 1477:181481:18,20,23 1486:91500:20 1506:151511:22,23 1512:3,131513:19 1514:171515:16 1529:10 1535:61564:12 1570:21 1573:31575:15 1577:16,191580:2 1581:1 1582:81584:3 1586:11 1594:181596:13 1598:171605:23 1611:21 1612:31612:16 1622:6,251626:4,13 1627:21647:7,9 1648:91652:18 1654:191658:20,23 1659:1,2,21661:7

thanks 1414:3 1420:101482:14 1506:11,14,241548:5 1637:22

theoretical 1502:151526:23

theories 1503:6theory 1486:6 1503:8thereof 1558:3 1582:23they'd 1445:3 1559:101576:18

thick 1395:17 1520:251521:13 1524:171560:23 1561:1,6,8

thickness 1519:7 1603:51603:5

thin 1523:5thing 1430:9 1435:51440:13 1450:3,151459:21 1476:23 1490:41495:23 1523:211547:15 1558:16 1561:41567:4,6,20 1568:101574:10 1580:101589:22,25 1590:231591:4 1593:7 1594:101596:22 1602:4 1604:201650:1 1653:5,211654:3,4 1659:13

things 1409:1 1429:21432:6,9,17 1436:141448:21 1451:8 1456:20

1462:6,14,19 1463:151467:8 1469:24 1471:201480:6 1485:7,251502:2 1525:6 1537:21537:17 1540:25 1541:61546:7 1568:8,9 1595:81596:14 1606:22 1608:41635:19 1642:151650:16 1654:8,251657:23

think 1398:9,15 1404:231405:6 1412:15 1415:131415:15 1423:151424:10 1426:121431:16 1451:6,7,71453:6 1455:7,101457:1 1458:22 1459:161460:22,25 1461:211463:6,11,24 1468:5,151468:15 1471:14,201472:4 1473:6 1478:21501:6,12,19,25 1502:71504:9,14 1508:51515:14 1525:101534:23 1538:191541:15 1555:23 1570:51570:20 1573:171575:12 1576:4,22,241586:2 1590:11 1591:171596:13,17 1607:61609:5,15 1618:171625:24 1626:181627:22 1634:3 1636:131639:6 1643:5 1646:81646:16 1648:10,241649:17 1650:251651:23 1653:4 1657:251658:22

thinking 1450:13,191467:20 1654:16

third 1465:20,21Thirdly 1527:8thought 1405:21 1446:191462:17 1511:121552:14 1573:141629:19

thousand 1396:2,7,9,151397:6 1400:15 1432:71490:10 1498:3 1545:41545:12 1573:6,101575:6,8 1592:8,17



1593:5thousands 1421:11488:15 1574:3 1593:5

three 1400:1,23 1412:171416:17 1425:18,191432:25 1433:10,111488:19,25 1489:21492:1 1496:3 1526:71550:12 1586:17 1591:71593:23 1594:5 1604:231619:7,11 1620:81621:10 1656:24

threshold 1425:7,13,171425:19 1426:3 1430:11430:8,21 1438:4,6,91477:6

Thunderbird 1612:13thunderstorms 1426:241445:13

Thursday 1487:81650:22,23

tied 1436:15 1658:14time 1409:7 1419:251421:21,24 1422:51423:5 1427:23 1428:151428:16,25 1430:1,251433:11 1434:3 1436:11438:16 1439:5 1440:81440:8,11 1442:121443:5 1446:2 1447:141447:15 1455:191462:18,23 1479:51486:15 1495:11,141507:1 1511:16 1513:121515:15 1525:121528:12 1532:181553:15 1559:101570:16 1579:3 1589:121589:23 1590:7 1594:81595:18,19 1596:91599:22 1600:221604:13 1606:241607:14 1608:1 1609:211629:11 1646:6 1648:61649:6,18 1652:81656:14 1658:20 1659:31660:20 1662:8

timely 1508:6times 1402:4 1421:181426:19 1429:6 1432:221436:15 1477:10 1489:2

1492:5 1520:10 1522:211522:23 1523:2 1530:101553:22 1592:23

time-consuming1445:11

timing 1578:20tinker 1651:1tip 1598:1,1tired 1659:7title 1526:20titled 1527:20today 1450:14 1515:71555:13 1565:3 1578:191581:2 1582:7 1607:121612:3 1628:16 1631:181641:14 1648:6 1650:16

told 1396:4 1648:181657:7 1659:19,20

ton 1440:14tonnage 1401:17tons 1396:2,5,7,9,15,251397:6,17 1400:15

tool 1620:2top 1419:12 1570:11,171574:2

topic 1529:12 1534:21topographical 1494:24tornado 1431:16,18tornadoes 1431:15,22total 1499:11 1529:11532:5 1619:14 1621:121631:3

totally 1504:12 1563:11touch 1394:9tourism 1500:5 1623:9tower 1419:13,141424:22

towers 1419:22 1483:6town 1399:5 1437:4,171481:4,7 1486:241487:1,2,6 1488:18,201489:3,5 1490:111491:2,8,12 1493:141494:3,14 1495:21496:1 1498:16,20,251499:2,15,17,231501:14 1503:201505:17 1506:2,121634:19,23 1635:1,5,61635:22,24 1636:13,161636:25 1643:19

towns 1420:19,25 1422:81439:1 1498:6,91631:23 1633:131636:18

town's 1490:9 1494:21toxic 1445:5,10,17track 1488:5 1502:6traffic 1400:12,13,19,201404:18,21 1441:7,121443:24,25 1444:2,111444:14,15,23 1446:81454:25 1455:4,5,10,111455:13 1456:11 1646:5

traffic-related 1641:8trailer 1401:18,25 1402:31635:1

trained 1410:24 1412:121445:19 1635:8

training 1409:6,101412:3,7 1470:9

trajectories 1422:31423:16 1424:4 1437:71437:8

trajectory 1421:131422:2 1423:9 1436:20

transcended 1489:5transcript 1389:3 1649:71649:10,16 1662:11

transfer 1439:12 1500:141529:8 1596:2,111597:10

transferring 1463:18transfers 1524:25transient 1550:22,25transitions 1425:3translates 1425:7transmit 1590:19transmittal 1607:19transmitted 1599:131607:20,20

transpired 1509:6transport 1408:9,19,231409:14 1412:121417:18,19 1440:251441:5 1443:24 1448:51470:21 1471:111474:14,15 1477:31492:19 1494:7 1498:191527:3 1560:3 1601:12

transportation 1399:191399:25 1400:22,22

1401:9 1402:14 1408:81409:4 1412:4,71417:12,15,16 1443:211444:21 1453:191454:16,22,23 1455:231456:19 1462:9 1463:21465:12 1469:19 1471:21475:17 1500:3 1614:101641:8

transported 1412:111432:15 1492:7

transporting 1464:6transuranic 1582:241583:4

travel 1422:11 1499:141528:16 1594:8

traveled 1401:20traveling 1498:1Travers 1533:3,19 1534:51552:14 1579:9 1585:151586:12,24 1593:12

Travis 1390:9 1464:18,211467:22 1478:9 1512:151516:2 1556:3

treacherous 1441:3treadmill 1428:16treasurer 1490:5treated 1404:20 1418:6treatment 1394:231395:4 1491:21

trench 1534:14trial 1648:15Triangle 1623:18tributary 1491:16tried 1455:13 1457:221511:17 1531:141536:17

trouble 1637:11trout 1583:13,13truck 1401:25 1406:12,141409:20 1441:7 1444:181445:10,23

trucks 1400:5 1401:221410:13 1440:121441:13 1444:7 1445:21445:5 1463:14,181464:2,5,6 1485:61559:2,5 1646:11

true 1397:6 1422:101433:2 1438:24 1506:41662:11



truly 1489:24trust 1489:10 1490:20,201500:21

truth 1531:8try 1484:24 1487:201531:7 1571:21,231650:3 1651:18

trying 1395:18 1447:11518:10 1536:3 1635:111635:12,12,13,14,15,191639:6

TSF 1548:16 1549:7tsunami 1650:11tube 1598:9tubing 1598:4,10,14Tuesday 1389:18turn 1442:13 1462:251518:11 1564:20,221571:3 1623:1

turned 1408:15 1431:251571:2

turning 1582:10,11twice 1438:5,6two 1395:15 1397:251408:24 1411:251412:21 1420:13 1423:41423:8 1426:13 1429:71430:2 1441:1 1444:151453:20 1456:251488:20,24 1490:141515:1 1518:7 1521:131522:13 1526:6 1527:221537:23 1541:131548:20 1549:6,17,191550:12,14 1559:201561:23 1568:131586:17,20 1587:241588:1 1589:15 1595:81604:23 1607:23 1615:71621:17 1631:1,1,191633:13 1634:17,18,221647:15 1652:9 1660:23

type 1395:18 1411:231422:12 1430:171442:24 1513:19 1521:11549:14 1604:7

types 1395:9 1518:171549:17,19 1569:1

typewritten 1662:10typical 1498:22typically 1492:11 1506:5

1518:18 1644:22typo 1618:18T-r-a-n-s-u-r-a-n-i-c1583:5

UUganda 1426:13Uh-huh 1453:10 1463:51467:19 1475:101520:18 1565:14 1566:71633:23 1636:7 1643:101643:24 1644:3,101645:19,24

ultimately 1398:3unable 1420:23 1556:19unacceptable 1445:181446:8 1448:13 1555:2

unanimously 1495:4unanswered 1659:14unaware 1547:2Unaweep 1644:6,71653:25

uncertain 1495:14underdrain 1523:17,181570:13

underestimate 1622:81622:10,15

underestimates 1622:18undergraduate 1612:8underground 1582:221583:16,17

underlaying 1586:22underlined 1462:141463:12 1467:4 1539:23

underlying 1631:161638:7

undermines 1656:22underneath 1536:111561:2 1568:20

understand 1405:111410:9 1453:1,2 1454:21460:10,14 1462:121469:23 1470:1 1471:171473:24 1476:191501:19 1515:5 1519:171531:9 1538:19 1544:191547:7,9,10 1552:31566:20 1568:191569:17 1574:251579:10 1627:11,131630:22 1633:22 1637:4

1639:25understanding 1472:251480:6 1526:5 1557:111558:24 1623:25 1637:6

understands 1522:6understood 1452:41455:14 1460:171529:14

underwater 1460:7,131461:4

undesirable 1625:20unfair 1609:19unfamiliar 1556:18unforgiving 1445:8unfortunately 1423:181426:12

Union 1390:6unique 1470:5 1489:251657:10

unit 1440:15 1565:181613:19

United 1426:11 1492:141514:4,15 1521:9,231522:10 1543:7 1555:31581:13 1582:2

units 1519:16 1565:1universities 1448:201613:9

university 1492:171494:1,5 1512:211581:15,17 1582:31612:10 1613:3 1623:19

unknown 1448:10unnamed 1438:20unnoticed 1408:12unpaved 1441:12unquote 1444:2 1474:201481:12

unreferenced 1437:211448:9

unrelated 1634:3unsafe 1493:1unsaturated 1588:31596:24 1597:22

updated 1409:8 1479:231655:19

updating 1419:241656:16

upper 1421:8,15,15,17,231432:16 1523:18,221524:4,15 1525:11

1540:2 1570:14uppermost 1592:3upstream 1439:8,25upwards 1514:7uranium 1389:6 1402:41409:20 1436:3 1440:141441:23 1448:1,241449:11 1463:2 1465:21475:8 1487:24 1491:41503:9 1514:3,151518:16,23 1520:171521:16,22 1522:91540:17 1543:7 1549:11554:14,20 1555:21558:12 1602:12 1618:31623:5,5,10,13 1625:4,41625:9,12,13 1626:81633:6 1655:12 1656:251658:2,12,15 1659:111661:4

Uravan 1419:3,101457:19,20 1653:25

urinate 1486:3,7URS 1513:7USA 1418:12 1448:19USDA 1642:10use 1397:14 1402:51406:18 1417:10 1420:91421:8,14,19 1432:31439:17,23,23 1452:211472:20 1484:141504:21 1521:10,151554:12,14 1555:21565:7 1614:10 1627:161637:3,3,23

useable 1594:17useful 1634:25 1635:6,81636:6

useless 1418:24users 1591:9uses 1421:2,12 1497:20usually 1597:3 1598:12Utah 1441:2 1612:91613:17 1620:20 1629:4

utilities 1613:21utility 1591:24UV 1524:14U.S 1397:25 1398:6,101490:19 1493:251597:13



Vvacationers 1441:24vacuum 1566:18vadose 1533:1,4,8,201537:8 1552:4 1579:91585:15,19 1586:4,5,81586:13 1588:4 1592:61592:12,18 1593:13,141594:9,15 1596:251597:22 1602:22 1603:21603:5,7,22 1604:8

valley 1416:18 1425:91431:17 1432:3,61435:12 1437:15 1455:81455:9,14 1458:251483:13 1489:151490:13 1491:8,101492:6 1494:12,201498:1 1630:2 1637:91638:19,24 1639:21,221640:1 1645:16 1654:171657:8,11

valley's 1435:14valuation 1629:17,231636:24

value 1431:1 1613:4,51632:5,5

values 1439:18 1500:91612:25 1623:7 1629:11629:4 1632:13,141633:8 1634:6 1635:41635:23 1636:2,2,16,161636:24

vanadium 1465:2 1548:81548:18 1549:2,22

variability 1419:201423:5 1424:20,231429:10,20 1434:16,221470:24 1473:4 1475:51483:14,15 1484:7,141484:16,17 1643:15

variable 1485:13variables 1418:191419:21 1420:2

variance 1439:21varies 1429:18variety 1583:23various 1417:24 1444:111446:2 1447:2 1454:111459:12 1471:7 1481:141485:25 1551:1 1618:23

1631:15,20,23 1642:201652:25

vary 1433:20 1636:5varying 1546:5 1630:4,81630:9,21 1636:2,24

vast 1434:24vehicle 1402:3vehicles 1444:4 1640:251641:5

velocity 1419:23venture 1643:25verbatim 1528:1verbiage 1487:191500:19

verify 1396:10 1401:23version 1462:22 1505:12versus 1530:4 1534:41547:13 1559:171604:13

vertical 1592:21,221593:3 1597:4 1601:12

vertically 1596:25Veterans 1469:10vicinity 1402:14vicious 1442:2videoed 1408:14videotaped 1493:14Vienna 1585:1view 1533:19 1639:16,171639:19,21 1640:31654:14 1655:9,10

views 1468:16 1630:61640:7,11,14 1658:19

VII 1389:3violation 1395:6 1488:9violent 1425:2 1426:231445:12

viscosity 1565:9,13visibility 1442:10visible 1492:10 1572:20vision 1488:7Vista 1583:10visual 1435:19 1442:61515:3 1534:16 1569:10

visually 1401:25 1524:91599:14

void 1415:16voids 1597:15voir 1392:13,20 1514:201514:21 1517:6 1584:71584:8,12,17 1608:5

1614:1,3 1616:3volume 1389:3 1400:1,111401:2,5 1402:18,201403:1 1454:20 1456:121582:11

volumes 1400:20voluntary 1410:191651:12

volunteer 1445:17Vostatek 1657:22vs 1476:1vulnerability 1446:3

WW 1389:18 1390:211562:19,24 1564:5

wages 1620:14 1622:14wait 1394:12 1408:231413:24 1416:3 1466:191518:12 1650:5

waiting 1410:22 1412:151650:9

walk 1458:24 1518:14walked 1643:19walking 1461:16walks 1523:14wall 1534:4,4,5,7,10,13Wal-Mart 1621:6want 1394:16 1400:161405:14 1412:14 1414:51414:5,8,10 1416:201418:21 1422:23 1431:21440:21 1442:131443:21 1447:19 1450:51450:15,16,22,231457:1 1458:3 1465:231465:24 1467:111477:24 1481:21,241486:14 1487:6,17,231491:13 1493:15,231500:17 1501:171502:14,17,23 1506:191510:19,25 1512:11528:25 1535:9 1559:191567:19 1580:4 1591:141595:5 1601:4 1637:251642:14 1645:6 1647:111647:25 1650:3,4,61651:24 1652:18,22,241653:4,21 1657:13,241659:12

wanted 1397:5 1400:101449:10 1459:1 1470:151579:10 1583:11 1607:41622:8,10 1628:51635:20 1636:1 1651:11

wanting 1486:7wants 1414:24 1493:71594:20

Warren 1485:2wasn't 1395:5 1417:51419:2 1452:8 1459:51473:14 1477:221484:19 1550:6 1563:201604:14 1628:9 1631:111661:6

waste 1448:15 1462:181462:18 1513:24 1516:31527:21 1548:13,19,251549:6,14,17,191582:19,24 1590:7

watch 1504:15water 1394:23 1395:2,31395:20 1396:171404:19 1437:16 1444:61460:18,20 1468:21476:14,22 1477:21483:3 1490:15,18,221491:12,14,15,21,241492:1,25 1493:3,71494:4,21 1495:51496:3 1497:11 1498:181523:20 1532:4,91533:15 1546:191547:25 1550:13,15,211550:23 1551:7 1554:251555:12,16 1557:11565:12,13,13 1569:161569:17,21,22,241570:1,2,8,12,151571:12,19,22,241572:8,12 1573:1,20,221573:25 1574:2,7,211576:12 1581:24 1583:91583:11 1584:5 1586:121586:13,14,24 1587:2,31587:8,9,11,13,13,16,251588:2,3,5,8,10 1589:11589:11,14,19,24,251590:5,11,12,13,17,181590:23,25 1591:2,3,51591:11,16,22 1592:3



1593:12 1595:4,7,9,161595:17,19,22,231596:1,3,6,7,10,19,231598:7,15 1600:25,251603:17,18,19,20,21,241604:1,3,5,6,9,10,12,121604:19 1614:18 1658:8

Waterfall 1491:161495:6

Watershed 1494:2waterways 1494:201499:20

water's 1590:19way 1396:16 1418:51429:11 1430:6,131432:10,10 1437:111441:17 1449:10 1452:41453:1,2 1455:141457:23 1460:101463:17,21 1473:71478:14 1480:7,71493:7 1511:16 1545:181553:19 1561:241566:20 1567:16,21,231569:5,17 1586:201588:18 1593:151595:12 1606:221619:16 1632:15 1645:21645:25 1646:181655:18 1656:18

ways 1537:14 1589:151602:14 1613:5 1658:12

wear 1544:16weather 1456:23,251457:2,5,13 1459:191498:18

Web 1420:5 1426:31454:22 1456:18 1485:11499:5 1557:21,24

Wednesday 1487:8week 1415:8 1478:181514:23 1585:14 1599:61617:15 1650:14

weekend 1408:14weeks 1408:24 1420:31429:8 1478:19 1568:13

weight 1401:19weighting 1642:18,20Welcome 1512:11wellbore 1601:24 1602:3wells 1444:7 1533:9,14

1537:8 1552:2 1585:231585:23,23,24 1586:251587:1,18,20,22,251588:8 1589:8,161591:9,23 1595:6,91596:3,4,5 1600:191601:8,14,25 1602:2,4,51602:7,10,13,13,15,171602:19 1604:20

well-thought-out1649:19

went 1408:12 1432:211433:17 1446:16 1455:81485:1 1512:23 1524:241542:12 1553:191554:22 1608:20 1639:91643:9 1644:21,22,231645:9,23 1658:16

weren't 1431:21 1456:241493:18 1577:7 1600:191601:2 1607:24 1640:101661:5

west 1416:17 1433:51435:15 1440:19 1491:71491:17 1492:7 1620:231621:3 1631:6

western 1390:12 1457:51489:15 1492:11,14,211498:4 1513:11 1581:23

west-to-east 1498:2,24we'll 1399:2 1401:161435:10 1447:211462:21 1464:20 1529:81579:24 1652:1 1656:20

we're 1396:24 1397:17,181398:9,25 1407:3,41422:24 1454:161468:15 1469:2 1487:131504:13 1507:5,9,11,121507:15,17,21 1510:131511:20 1512:2,111518:8,9 1528:131551:21 1559:16 1565:51569:5 1579:7 1595:131607:5,6 1609:5,91610:8 1646:19 1648:51648:11 1657:11 1661:8

we've 1409:9 1415:11,131464:15,16 1466:11468:16 1472:2 1478:41481:4 1502:16,19

1503:4 1509:25 1524:221530:6 1537:9 1539:231539:24 1541:2 1542:211553:22 1653:13 1655:41655:5,10,17 1656:3

whatsoever 1518:241520:24

whereof 1662:16wherewithal 1480:23whichever 1600:23whirling 1583:13Whirlwind 1394:221395:6

white 1524:6,9,13 1539:81539:10,16 1540:2,31541:20,22 1542:3,5,61542:16,21,24 1543:5,61543:14,18 1544:41560:6 1568:19,191569:3,5,12,14 1629:5

wide 1473:4 1546:1widely 1643:4,6wife 1488:25wiggle 1553:17Wild 1390:16,18wildcat 1610:14wildlife 1437:19 1445:21448:6 1500:3 1583:91583:11 1659:16,181660:18

Williams 1492:18 1494:61494:13 1504:4

wind 1417:3 1418:191419:7,22 1421:21422:7 1423:5 1424:231425:4,14,16,181426:16,17,18,19,201427:2,16 1428:9,101429:4,5,9,20 1431:5,91431:19 1432:13,18,251433:1,15,19,251434:16,25 1435:71436:9,10,11 1437:221438:4 1439:18 1442:131442:21,23 1443:3,61457:17,22,23 1458:151459:15 1460:9 1470:241473:4 1477:12 1483:141483:15,19 1484:9,101485:12,23 1486:1,4,71490:13 1498:8,22

1534:24 1576:14winds 1417:7 1421:6,7,81421:15 1424:191426:25,25 1428:5,201429:1 1430:19,241432:16,23 1433:4,4,71433:14 1435:13 1437:61439:18,19 1443:1,41492:7 1494:7,111498:2,15,24 1576:6

windstorm 1425:4,16,161443:2 1576:5,8

windstorms 1425:21426:5 1431:20 1442:161443:7 1483:9 1492:8

windward 1494:11,15windy 1482:16,201483:12 1484:1

winter 1433:3 1445:121660:24

wintered 1660:23wintertime 1643:251644:12

wish 1445:3 1561:6withdraw 1467:131608:2

withdrawn 1405:13withdrew 1405:221406:2

witness 1394:3 1416:91452:7,11 1462:5,131468:19 1476:3 1486:221487:1,6 1503:21504:15 1506:20,241510:10 1511:21 1512:81522:3,5 1528:191529:3,7 1535:7 1566:41575:20,24 1577:3,181578:6,8,9,24 1579:241584:18,23 1605:231606:9,11 1607:1,251608:2 1609:11,17,211609:23 1610:3 1611:161618:7 1619:24 1624:51624:11,21,23 1646:151646:22 1647:4,7,91662:16

witnesses 1392:21447:22 1496:19 1497:21508:6,14,20,221509:18 1510:11,14,15



1608:23 1609:22,241610:4 1647:11 1658:10

wonder 1441:4wonderful 1445:3wondering 1502:121526:9

Woodward 1513:6,6word 1465:22 1466:11478:25 1583:3

words 1406:12 1430:131467:14 1587:9 1601:161642:3 1643:13

work 1400:7 1407:121410:23 1434:121435:18 1438:181472:16 1492:4 1503:201510:12 1513:2 1527:251552:15,18 1557:121563:17 1565:101581:22 1582:9 1583:151583:19,22,25 1612:141612:18,21 1613:8,131613:14 1614:5 1615:161620:13 1638:6 1642:151653:17 1657:1 1659:23

worked 1446:19 1490:171491:20,22 1563:91582:2 1613:20 1614:91614:10 1616:181622:14 1655:5 1659:18

working 1409:101445:22 1489:5,111505:20 1527:24 1557:71562:6,9 1581:241582:5,15,18 1615:221655:21

works 1597:19world 1408:21 1417:121424:1 1428:11,241492:22 1537:3 1642:23

worldwide 1513:24worry 1557:2,3worse 1460:20 1543:2,5worst 1438:1 1607:6worth 1538:21,22wouldn't 1397:9 1462:171466:11 1547:22 1557:11557:1,2 1574:111605:5 1615:7 1654:6

Wrights 1423:19 1481:111481:15

written 1414:18,211467:18 1487:5 1493:91493:10,17 1616:201625:7 1632:1 1633:41656:11 1660:4

wrong 1481:3 1567:81568:9 1643:1 1660:61660:20

wrote 1493:24 1541:19Wynkoop 1390:17Wyoming 1440:171613:17

XX 1392:1 1393:1XL 1428:3XY 1597:6

Yyard 1416:19 1437:151576:9

yeah 1403:15 1410:51427:20 1474:171477:23 1481:1,4,171482:8 1503:3 1567:91638:22

year 1399:15 1416:251418:23 1419:1 1424:241427:16 1428:24 1429:71432:22 1434:201441:15 1443:1 1455:201490:4,25 1492:10,121496:7 1501:11 1513:161516:22 1530:201582:19 1645:211660:20

years 1418:13 1419:191441:22 1442:8 1446:211446:22 1448:2 1488:191488:23,24 1493:251513:22 1526:4,8,91527:17 1532:8 1543:131543:16 1544:9,10,141545:4,12,14 1553:91558:11,22 1559:8,181560:1 1567:4 1573:61573:10,11,16,241574:3 1575:6,8,101581:22 1582:3 1586:171586:17 1592:8,171593:5,5 1604:24

1634:22yellowcake 1401:111404:24 1406:14,211463:2,15

yesterday 1394:6,9,141397:20 1438:8 1469:91487:9 1640:13 1648:7

York 1481:5you-all 1409:25 1416:211431:15 1434:24 1659:5

Zzero 1434:4,14zone 1524:18 1533:2,5,91533:20 1537:9 1552:41579:9 1585:15,191586:4,5,8,13 1588:41592:6,13,18 1593:131593:14 1594:9,12,151596:25 1597:22,22,241602:23 1603:2,5,7,201603:22 1604:8

$$11 1398:4$112,000 1490:3$15 1399:10$237,000 1634:14$250 1440:14$75,000 1491:1$800,000 1491:19

11 1393:11 1401:3 1402:191403:7 1414:17 1415:211419:7 1424:22 1426:91426:20 1428:121434:23 1435:6 1463:11492:19 1553:5 1589:51589:6

1st 1649:131,000-ton-per-day1400:14

1,394 1392:31,405 1392:41,408 1392:41,411 1392:51,412 1392:51,414 1393:111,416 1392:71,427 1393:121,450 1392:7

1,469 1392:81,482 1392:81,487 1392:101,501 1392:101,503 1392:111,512 1392:121,514 1392:131,515 1392:131,516 1393:81,536 1392:141,564 1392:141,571 1392:151,576 1392:151,577 1392:161,578 1392:171,580 1393:3,4,51,595 1392:181,599 1392:181,612 1392:201,614 1392:201,616 1392:211,627 1392:21 1628:21,640 1392:221,652 1392:241,654 1392:241,659 1392:251.5 1547:4,1310 1395:22 1427:221430:14 1431:5 1433:201441:14 1469:2 1519:71566:8 1576:6 1577:211592:10,23 1593:1,2

10,000 1432:9 1489:1410-hour 1444:1910-meter 1419:141424:21 1425:21 1459:6

10-minute 1647:211648:12

10:49 1469:4100 1496:5 1520:101533:25 1536:1,12,161555:2 1626:7

1045 1389:2111:03 1469:4116 1631:3,61193 1476:212 1389:2 1402:18,201403:1 1521:13

12,000 1432:912-month 1484:1512:00 1503:17



12:02 1507:312:20 1507:31224 1476:213 1389:4,19 1398:71402:19 1403:8 1661:11

1318 1389:214 1400:11 1401:2,51433:20,21 1454:201456:12 1488:23 1499:4

14.7 1589:31400 1429:6,6141 1441:4,715 1401:6 1428:25 1429:81429:13 1433:221513:22 1514:2 1526:9

15-minute 1425:51428:10 1429:6,111430:24 1433:15,17,191439:17 1507:2,10

1500 1481:111500-tons-per-day1641:1,6

1525 1390:22153 1647:171536 1390:1716 1429:1216th 1662:21160 1489:12170 1433:21700 1390:318.4.1 1656:10184 1453:141881 1489:419 1497:22 1580:131628:2

19th 1608:131911 1390:101964 1581:111971 1582:21978 1582:41979 1582:201983 1582:201996 1512:221997 1613:131998 1512:25 1513:4,20

22 1393:12 1403:7 1411:91419:7 1426:18 1427:81427:9 1428:2,19,231431:2 1434:23 1435:6

1435:6 1464:25 1465:21508:12,13 1517:161530:6 1534:9,221587:9 1629:12

2nd 1476:2 1509:21515:25 1516:101523:13 1531:19 1537:61550:9 1606:20 1607:101608:1 1616:15

2,000 1423:202:00 1487:9 1577:222:14 1577:2220 1429:4 1430:141432:18 1443:4 1444:181460:2 1509:20 1514:11514:7 1526:8 1603:2,71603:23 1609:1 1622:21651:16

20th 1508:10 1509:121510:9 1578:24 1606:161607:9 1608:8,14,221611:8

20,000 1575:1020-second 1429:19,21,211431:1

20-year 1490:920.3 1425:7 1438:5200 1441:13 1494:82000 1513:7,102000s 1539:17,172001 1492:222005 1526:20 1544:112007 1516:22 1527:201553:4,5 1585:6

2008 1418:23 1424:241492:16 1513:11

2009 1418:23 1424:241479:24 1491:2 1493:91604:24 1605:4

2010 1493:24 1497:15,221499:19 1504:1 1605:181624:13 1655:191656:18

2011 1505:13,15 1513:101513:14 1516:23

2012 1389:4,19 1479:161479:21 1480:3 1508:11580:13 1609:1 1661:111662:17

2013 1662:1821 1436:21 1587:19

1628:2210 1499:4216 1662:2122 1493:24 1497:151587:19

220 1444:4220-a-day 1444:1723 1587:20238 1390:1024 1433:9 1441:141488:23

24-hour 1444:2024/7 1406:17 1410:11445:14,25

25 1430:15 1514:7,111644:12

26 1431:3 1508:327 1587:7 1603:16270 1433:2,529 1433:8,8,23 1436:221662:18

33 1393:8 1400:1 1402:201429:14 1431:2 1453:221454:10 1467:17 1468:11496:4,6 1516:8,141519:7 1520:25 1522:151524:17,21 1565:181575:22,24 1593:1

3-meter 1419:133.8 1498:143/4 1531:113:02 1605:243:15 1605:2430 1418:13 1432:181433:22,24 1434:71446:21,22 1448:21526:4 1530:19 1651:15

30th 1649:12 1662:1730-year 1418:13 1419:3300 1589:6 1592:51602:23

300-foot 1604:8303 1390:17313 1631:932 1393:3 1580:111611:14

32-34 1580:243200 1390:333 1393:4 1580:12

1595:24 1596:133-foot 1424:2234 1393:5 1580:15349 1390:1335 1429:13 1434:7,91585:23,25 1600:8,141602:5

35-mile-an-hour1433:25

350 1441:1536 1433:13 1436:141443:3

360 1433:539-mile-per-hour 1438:3

44 1401:7 1428:24 1430:251433:6 1575:22,241592:10 1593:2

4A 1539:15,18 1540:41543:25

4th 1648:20,21 1652:24,379 1497:254-2008 1443:14-2009 1443:24.4 1530:84.5 1547:4,134:04 1637:144:13 1637:144:49 1661:1040 1432:19 1434:111567:4 1576:7

40-year 1442:1843 1586:2 1600:9,1544 1390:645-day 1649:646 1532:2148 1530:1648-hour 1530:1249 1430:2

55 1499:19 1508:1 1617:21617:3,7 1631:25

5th 1509:13 1606:171648:18

5,000 1583:235-minute 1648:1250 1409:21 1420:251421:16

50s 1441:22



50-foot-deep 1445:2450-mile 1498:1450-mile-an-hour1434:11 1443:3

500 1396:5,25 1397:171481:7 1530:10

500,000 1573:11,16,241640:25 1641:5

500-ton-per-day 1397:41444:4

51 1476:1512 1481:8

66 1433:6 1480:3 1521:126:11 1609:260 1431:4 1434:101489:12 1491:7 1498:1

60s 1442:1160-mile-an-hour 1576:6600 1390:6 1527:171544:9,10,14 1545:141662:21

61 1423:146215 1391:265 1621:24

77 1519:8 1566:87th 1390:22 1509:4,57,000 1522:21 1523:27:00 1487:10700 1481:8700,000 1522:2373 1489:11 1491:2378 1600:19 1601:8 1602:21602:4

88:37 1389:1980 1532:23 1567:171602:2 1621:25

80s 1441:2280-kilometer 1498:6,101498:16

80202 1390:17 1662:2180203 1390:4,2380228 1390:780303 1391:380540 1390:1381301 1390:11819 1476:1

85 1621:21,23,25

99 1425:6,17 1429:251430:3,9 1431:2 1434:31434:4 1513:11

9-meter-per-second1430:11

9-19-12 1393:49-20-12 1393:39-20-2012 1580:119:24 1427:249:35 1427:2490 1441:394 1481:10

Pinon Ridge Hearing Transcripts Part 6

Documents

cyanide heap

san juan mountains

san juan county

san miguel

sheep mountain

clean air

pinon ridge

tailings cell