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287 JUDICIAL ARBITER GROUP JAG NO. 12 A 1318 ___________________________________________________ REPORTER'S TRANSCRIPT OF HEARING, VOLUME III November 8, 2012 ___________________________________________________ IN RE: THE APPLICATION OF ENERGY FUELS RESOURCES, INC. FOR A RADIOACTIVE MATERIALS LICENSE FOR THE PINON RIDGE URANIUM MILL ___________________________________________________

PURSUANT TO NOTICE to all parties in interest, the above-entitled matter resumed for hearing before THE HONORABLE RICHARD DANA on Thursday, November 8, 2012, commencing at 8:44 a.m., at 1045 Main Street, Nucla, Colorado, before Candice F. Flowers, Certified Shorthand Reporter

and Notary Public within and for the State of

Colorado.

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288 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25
OFFICE OF THE ATTORNEY GENERAL By Jerry W. Goad, Esq. 1525 Sherman Street 7th Floor Denver, Colorado 80203 Appearing on behalf of Colorado Department of Public Health and Environment MATT SANDLER, ESQ. Rocky Mountain Wild 1536 Wynkoop Street Suite 303 Denver, Colorado 80202 Appearing on behalf of Rocky Mountain Wild, Center for Biological Diversity, and Colorado Environmental Coalition
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APPEARANCES: ENERGY & CONSERVATION LAW By Travis Stills, Esq. 1911 Main Avenue Suite 238 Durango, Colorado 81301 and JEFFREY C. PARSONS, ESQ. Western Mining Action Project P.O. Box 349 Lyons, Colorado 80540 Appearing on behalf of Sheep Mountain Alliance FAEGRE BAKER DANIELS LLP By James R. Spaanstra, Esq. Olivia D. Lucas, Esq. 3200 Wells Fargo Center 1700 Lincoln Street Denver, Colorado 80203 and ENERGY FUELS RESOURCES By Curtis H. Moore, Esq. Director of Communications & Legal Affairs 44 Union Boulevard, Suite 600 Lakewood, Colorado 80228 Appearing on behalf of Energy Fuels Resources Corporation

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289 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 APPEARANCES (continued) ROBERT LOUIS GROSSMAN, Ph.D. 6215 Baseline Road Boulder, Colorado 80303 Party in Interest

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290 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 SMA EXHIBITS Exhibit 10 ADMITTED 297 PUBLIC COMMENTS 519 NANCY CHICK Cross-Examination by Dr. Grossman Cross-Examination by Mr. Stills Recross-Examination by Dr. Grossman Cross-Examination by Ms. Lucas 502 508 515 516 FRANK FILAS Direct Examination Cont'd by Ms. Lucas Voir Dire Examination by Mr. Stills Cross-Examination by Mr. Sandler Cross-Examination Cont'd by Mr. Sandler Redirect Examination by Mr. Spaanstra DR. CRAIG LITTLE Direct Examination by Mr. Spaanstra Cross-Examination by Dr. Grossman Cross-Examination by Mr. Stills 314 361 375 417 460 463 478 493 WITNESSES LAWRENCE BRUSKIN Examination by Mr. Stills PAGE 294 INDEX

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291 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 P R O C E E D I N G S - - THE HEARING OFFICER: All right. I

was told there's been a miraculous breakthrough in the scheduling and Olivia is the scrivener. MS. LUCAS: This morning we

discussed that Sheep Mountain Alliance would begin the morning asking a few questions of Mr. Bruskin about discovery matters, I guess, on some documents. We will continue with Frank Filas'

direct, which we expect to last about maybe an hour. At a morning break, we will -- Sheep Mountain Alliance would like to cross-examine Mr. Filas regarding the confidential documents and how we can move forward with those. When we come back,

there will be, again, cross-examination of Mr. Filas, probably by Rocky Mountain Wild, and then Energy Fuels has Dr. Craig Little, who will be here this morning, who we would like to present on direct and then allow him, of course, for cross-examination by interested parties. And then as we discussed this morning, it sounds like tomorrow will be Sheep Mountain witnesses, most likely all day tomorrow, and that's

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292 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 as far as we got. THE HEARING OFFICER: Okay. That's

the way everybody understood it, so... MR. STILLS: There's still some

parts that we haven't put together, but instead of trying to jam them in conditionally, we will take them as they come. THE HEARING OFFICER: MR. GOAD: Okay.

Before we get started,

Your Honor, I just want to note for the record that if you recall, Mr. Tarlton was testifying yesterday about some documents. documents down. We were able to track those

Those were sent to Mr. Stills via I was not able to

e-mail yesterday at about 1:00.

get those documents because they are fairly large, so I asked Mr. Stills to distribute those to the other parties as -- either by e-mail or disc or something like that. So those have been provided. That's correct. I

MR. STILLS: appreciate that. around so quickly.

Thank you for turning those

The server we were on last night was not able to handle the size of the document. I will

try to send that around, but I did bring paper copies of what I'm going to ask Mr. Bruskin about

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293 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Mr. Bruskin. MR. BRUSKIN: Okay. this morning, so we will have those to use. It's

only a portion of the document, but I will get the whole document in through electronic means. THE HEARING OFFICER: One

additional -- Mr. Egidi helped me figure out how to convert the files that are in that link I have been sending out to PDF files, although it's going to take me a while mechanically, I think, to accomplish it. And I now have probably 30 more

written public comments that I have not sent to anybody as of -- they came in yesterday during the day. So as soon as I can get some computer time

just sitting in a dark room, I will try to get all this turned around and e-mailed to all of you, and we will go from there. And, hopefully, if I can

get them all converted to PDF files, the link will work and all of you can access it that way. Anything else? discovery issue first? MR. STILLS: Yes, a brief discovery You want to do -- it's a

issue with Mr. Bruskin of CDPHE. THE HEARING OFFICER: Have a chair,

(Witness sworn.)

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294 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 correct? A Correct. MR. STILLS: And if I may, since BY MR. STILLS: Q A Q Good morning. Good morning. A few questions mostly concerning some I appreciate you coming We won't keep full name. MR. BRUSKIN: Lawrence J. Bruskin. B-R-U-S-K-I-N? THE HEARING OFFICER: State your

THE HEARING OFFICER: MR. BRUSKIN: Correct.

THE HEARING OFFICER: MR. STILLS:

Your witness.

Thank you.

LAWRENCE BRUSKIN, being first duly sworn in the above cause, was examined and testified as follows: EXAMINATION

document this is morning.

up here with not a lot of notice. you very long.

You're employed by the CDPHE; is that

it's an adverse witness, I will proceed as if cross. Q (By Mr. Stills) And you are familiar with

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295 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 the application that's under consideration here today, correct? A Q Correct. And you are familiar with the

environmental impact analysis under review here today, correct? A Q Correct. And in the course of your work, you have

helped work on and produce both of those documents? A Q Portions of those. And as you were preparing those

documents, did you prepare drafts? A Yeah, I think -- I don't think there was I basically put

a formal draft that we submitted.

my piece together and submitted it as a final. Q Did you exchange e-mails with anyone

concerning that drafting? A Q No. No e-mails that I can recall.

Do you prepare any written notes when you

prepare these kinds -- when you prepared these documents? A I can remember preparing some notes as I I have notes.

was reviewing it, like I always do.

I have some items that I write down, some on a computer's yellow sticky notes, things like that,

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296 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 but just for my own personal use. Q Do you assemble any technical documents

to help you with your preparation of these documents? A Q A Q Yes, of course. Do you maintain a file of those? Yes. Thank you. I would like to have you take One more question.

a look now -- I'm sorry.

I would like to have you take a look at that document I gave you. documents before? A Q You know, I have not. Okay. MR. STILLS: Is there any objection Have you ever seen these

to the authenticity of this document, Mr. Goad? MR. GOAD: No objection. These are the

THE HEARING OFFICER: invoices and the... MR. STILLS:

And it's a partial -Docket sheets

THE HEARING OFFICER: as they were referred to yesterday. MR. STILLS:

It's a partial.

I will

have the full version over in electronic. THE HEARING OFFICER: Okay.

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297 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 care. MR. STILLS: So if I can move that

in as, I believe -- I'm going to skip Exhibit 9. Can I skip to 10? THE HEARING OFFICER: Sure. I don't

So these are Sheep Mountain Alliance's

Exhibit 10. (SMA Exhibit 10 was admitted.) THE HEARING OFFICER: Unless

somebody particularly wants to use letters, everybody use numbers and I will write your abbreviation on here about whose exhibit is which. Q (By Mr. Stills) In preparation for this

hearing, were you asked by Mr. Goad to assemble any of the documents in your possession? A No. He requested we review things, but

we do that normally. MR. STILLS: I guess, based on that,

if I may, I would like to have -- and instead of bringing a parade of CDPHE employees for the same purpose, I would submit that none of the CDPHE staff that helped prepare these documents were asked to produce records despite this document of the time sheet showing that Mr. Ethington, Mr. Smith, and various other employees from the CDPHE in the last two years have spent time working

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298 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 on this matter. And what I would ask and move and hope that we can get a stipulation on is that the CDPHE counsel directs staff to go back and, perhaps with Mr. Bruskin's assistance, do a document search and disclosure for documents during this period. I

think this document that I have in hand is good evidence that work's been done for the last two years but not a single document has been produced for 2012 or 2011 despite our requests for these kinds of documents. I assume that Mr. Goad might have something to say. May we get the stipulation? Your Honor, this is

MR. GOAD: highly unorthodox.

Mr. Stills is essentially

conducting discovery in the midst of this hearing and even though Your Honor has already ruled on these discovery issues. We will stipulate that the Department has done work on this project over the last couple of years; but, otherwise, our objections to this type of discovery stand. Mr. Stills has not responded And before we

to those, especially to relevance.

impose such a huge burden upon employees of the Department at this past the late hour, I think we

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299 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 need to rule on those issues, those objections, by the Department. MR. STILLS: Your Honor, if I may,

we would also stipulate that we would not demand or even request that they be assembled by the end of this hearing on Tuesday. I would expect --

although I wouldn't rule out the ability to use them for cross-examination, I would anticipate that we would merely use the documents as part of the post-hearing submissions in support of any arguments we may have there. I don't think there

would be any need to extend this hearing unless something very much surprised me. If that's a way

this could work out, I would submit that as a request. THE HEARING OFFICER: MR. BRUSKIN: Mr. Bruskin.

Yes, sir. I'm going to

THE HEARING OFFICER:

ask questions, which is normally a stupid thing for somebody in my position to do. maintained, what is it? But this file you

I mean... What it really is is

MR. BRUSKIN:

guidance and things of that nature; for example, NRC guidance, EPA guidance, documents, professional documents readily available in the literature,

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300 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 things of that nature, that help me evaluate this application. If I understand what he's really looking for, which is what did I use to evaluate this application with respect to actually writing down, you know, draft notes or things like that, it was just very -- like I said, yellow stickies and things like that that I normally do during the course of any design review document. And I

really -- I never really wrote any drafts, saying here you go, review it, now I'm going to write a final. It just all went out as a final document,

as you saw. THE HEARING OFFICER: Do you

maintain in your files the sticky notes or the back-of-envelope notes or... MR. BRUSKIN: No. Once I complete

my write-up, those things are gone, that type of -what it was it's just for me, as I go through the document, just to say on this chapter, I found this comment and this comment on the next one. And it The

takes a while to get through a major document.

way I do it is I wait until the end -- I go through the whole thing, put my notes together, then come back and write it up, so those just help me write

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301 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 maintain that? MR. BRUSKIN: different places. I have that in keep them? MR. BRUSKIN: I do not. Okay. The up what I have just reviewed. THE HEARING OFFICER: But you don't

THE HEARING OFFICER:

documents that -- the research you did, the guidance, whatever -MR. BRUSKIN: That I have. -- how do you

THE HEARING OFFICER:

I have a notebook, for example,

full of professional papers from like the geotechnical engineering journals, things like that. I have other files specific to Energy Fuels.

For example, I have my NRC guidance, things I just use for that project. So I guess I have them

literally in my office in a few different places, but it's nothing that's not available in the public domain. It's not things that I have drafted and That's not how I operate. Your Honor, I would also

just kept to myself.

MR. GOAD:

add that I believe all those documents are referenced in the EIA, the reference section of the EIA.

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302 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 MR. STILLS: Your Honor, if I may, I

have another question that might help clarify some of this. Q (By Mr. Stills) In the last two years,

were any documents submitted to the CDPHE by Energy Fuels? A The only document that I was asked to

review that was post-application was a construction plan, and that came in as a draft. I provided some

comments and they finalized and then we wrote a letter approving it. That's been my involvement

essentially since the application was deemed complete -- or the license was issued. Q And because we are moving pretty quickly,

perhaps Mr. Ethington would have been a better person to speak to on this. him up instead. But based on this document, did other people in the office work on material submitted by Energy Fuels? A submitted. I assume so. I'm not even sure what was Maybe we should bring

When Steve Tarlton, the manager for

this project, has something for me, he will give it to me. But I'm not sure who gets what, you know,

that type of thing.

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303 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 "may." THE HEARING OFFICER: Let me question. MR. STILLS: I think I may have I saw Mr.

brought the wrong person up to ask this.

Bruskin on here and I knew he did some review. Perhaps a couple minutes with Steve Tarlton or -THE HEARING OFFICER: Let me pose a

I assume presumptively that each person

at CDPHE who was involved in this project may have a file on Energy Fuels or files of documents in their office. some may not. MR. GOAD: Underscore the word I mean may. Some may maintain it;

suggest -- I know we are in the middle of a hearing and I note your objection to discovery. time after the hearing is concluded. Schedule a

Go to CDPHE.

Each of you make yourself available and say here is what I got about this case. Share the files,

unless there are things you think are protected in it. I mean, that's the quickest way to do it. MR. STILLS: I'm good with that. Obviously, Mr.

THE HEARING OFFICER:

Goad, you may want to get into some attorney-client stuff, but I don't know that you do. That's up to

you and I will deal with that if it happens.

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304 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Your Honor? THE HEARING OFFICER: MR. BRUSKIN: Yeah. But I assume the individuals at CDPHE -the quickest way to do this is sit in their office and say, I have got this file. That's what I got.

I mean, rather than sit here and try to get somebody else, some third party, to go look in Mr. Bruskin's office and say, where is it. seems overwhelming to me. MR. BRUSKIN: Can I add one thing, That just

I have been at the

Department over 22 years, and basically since the very beginning, we've had discussions -- because we are a public agency and documents have to be available to the public -- what we really should or should not keep. And through those 22 years,

they've emphasized we do not keep draft documents. That's just, you know, kind of the policy of our division. When we complete a project, you know, we

go through it and what's relevant is filed and what isn't often is discarded, and that's really how it works in almost every project. THE HEARING OFFICER: And I'm not

suggesting that I'm making a ruling that you should have maintained that. I do a little drafting

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305 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 myself on occasion. Understand that there are all

kinds of little sticky notes and things on what I do and that's the way it is, and they are not going to be here a month from now. MR. STILLS: Your Honor, we

recognize that there's some privilege that can go along with the drafting and the notes. not the main focus. broad pile of things. Those are

Our main focus is we've got a We weren't able to know

about them or have proof of them that there was document review going on until yesterday when we got this document, and it's a matter of timing as much as anything else. THE HEARING OFFICER: Well, give

some reasonable notice to CDPHE about when and where, but do this in their office with Mr. Bruskin sitting in his office because then he's going to be able to say, here's this and here's that. If we

try to get some third party to go sort through everybody's office, it will become absolutely impossible so fast, we won't -- it won't work. MR. STILLS: If I may, just to

establish the order of things here, we will need to move fast on that, and then it will be in order to use documentary evidence as such without having to

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306 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 that's fine. call back any witness to authenticate. that into -THE HEARING OFFICER: arguments, we'll have arguments. MR. GOAD: Your Honor, conceptually If we have We can move

One of our objections was that the

discovery requests were overly broad and burdensome. In preparing the EIA, the Department

and Mr. Tarlton solicited the views of a lot of State people, both in and outside of the department. And I believe that there are some 20

people -- don't hold me to that exact number -within the Department that responded to Mr. Tarlton's request for input. So maybe we can narrow that a little bit to people within either Mr. Tarlton's group or the hazardous materials and waste management division like Mr. Bruskin, who were the primary contributors to the development of the EIA. MR. STILLS: We would be willing to

accept that narrowing for the documents of the EIA. But one of the main things that I'm focused on is I think we are looking at the documents from 2011 and 2012 that postdate the preparation of the EIA and the finalization of the process below. They're

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307 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 documents that aren't in the administrative record of this file by nature of just its timing, so we are looking for things in the period of 2011 and 2012. THE HEARING OFFICER: I'm not

suggesting that all 20 of these people have to be talked to. I'm not suggesting that all 20 of these

people have to produce some kind of file. Mr. Tarlton has a file. counsel look at it. Drop it on the table. I Let

If you don't, you don't.

mean, I'm not ordering a particular thing be created. But it seems to me the most efficient way to find that out is to let -- the fastest way through one of my files is to sit down and talk to me about it: from. What's in here, where did it come

I would hesitate to subject anybody in my I think that would

office to try to read my notes. be an absolute impossibility.

Just do it in the most efficient way, and I assume you can find a time that accommodates these folks and accommodates you. have a conversation about it. Sit down and

And if there's a

file, there's a file; and if there's not, there's not. You know, I think you and Mr. Goad can have a

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308 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 not. MS. LUCAS: use of whatever is found. So I'm curious about the Is this just a file conversation about how you can limit the numbers. You don't want to talk to 20 people. MS. LUCAS: Your Honor, I have a

question about -- this sounds like this is happening outside -- they are not driving back to Denver this weekend or anything. THE HEARING OFFICER: No, I hope

review by an interested public party or is this going to roll into -THE HEARING OFFICER: I suppose if

somebody wants to make a tender that they've got to reopen this hearing because of something found, I will have to look at that. I suppose if somebody

wants to use one of the documents that's arguably found in submitting for post-findings and conclusions or writing a final brief, we will have to look at that. We may have arguments about that. We will deal with

I'm not ruling on any of that. that when it comes up.

We may not have arguments. In the latter situation,

MS. LUCAS:

we would like to see what documents would be used in the finding of facts and conclusions of law.

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309 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 THE HEARING OFFICER: Well, let me

suggest that if one of the documents is, in fact, referenced in something you'd later write, make sure everybody gets a copy of it. MR. GOAD: Your Honor, since this is

a formal proceeding, I would assume what Ms. Lucas is getting at is that they be allowed to review those documents at the same time. THE HEARING OFFICER: Well, you can If you

sit there while somebody is looking at it.

want to go through that brain damage, be my guest. Mr. Sandler is invited also. MR. SPAANSTRA: Your Honor, we would

also reserve relevance arguments that Mr. Stills initiated this line of questioning about documents that are in 2011 and 2012. CDPHE's decision is

going to be on the record which closed in January of 2011, and so there is a fundamental question about the relevance of any of that at this proceeding. THE HEARING OFFICER: Well, that

raises kind of an interesting question as to whether the administrative record is closed before we conclude this hearing, because I think the argument can be made that this hearing is a part of

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310 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 respond? the -- I'm sitting as a hearing officer for the Health Department, folks, and that's the mandate I have. And so, in theory, everything up through the

end of this hearing is a part of the record that CDPHE will ultimately use. If I read McMullen's

order right, this hearing is a part of the record. MR. SPAANSTRA: Your Honor, can I

Absolutely this hearing is part of the

record, and what occurs from the date you convened it through this process -- you know, obviously we can argue this -- is part of the record. What we

are talking about is what happened between the closing of the record and your reopening it. That's the issue. THE HEARING OFFICER: We can have that debate. Point taken.

I thought we were

probably talking about documents -- the iterative documents that came in after the initial 2009 application and before -- I mean, Mr. Filas testified about a series of responses that were submitted to CDPHE. talking about. I assumed that's what we were

Am I wrong? MR. STILLS: Yes. Well, I think it's a

MR. SPAANSTRA: good question for Mr. Stills.

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311 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 I thought, Travis, one of your first questions related to 2011 and 2012 documents, and maybe I misheard. MR. STILLS: That is our focus, is

the period of time between 2011 when the administrative record closed and the opening of the hearing. I don't know why that's a black box

between that hearing and now, and I think we have evidence of relevant materials that we have only been able to demonstrate are relevant, because there has been no production or description of any of these documents, in the interaction between CDPHE and Energy Fuels subsequent to -- you know, leading up to the notice of this hearing on August 6, 2012. I don't know why that is a black box

universe and I have information and proof that there is stuff in it. is. THE HEARING OFFICER: We'll deal We just want to know what it

with the relevance questions somewhere down the road when you-all have a feeling about what it is we are looking at. It's premature for me to sit

here today and say, Well, there may be a file in somebody's office and it is relevant or not relevant. That's highly difficult. I'm not that

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312 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 painful. good. I mean, there's time expended here on these time sheets, but there is time on my time sheets getting ready for this hearing, revisiting the issues that the lawyers raised. don't know what the time is. I mean, I

I would be sadly

disappointed if witnesses all weren't incurring time before they get on the witness stand in here, preparing a bit. I expect that. So we'll deal

with it when we deal with it. But for now, cobble together some kind of abbreviated rational discovery process that gets folks a look at these files. May I let this witness get off the witness stand? MR. STILLS: Thank you, Mr. Bruskin.

Your name came out of a hat because you're on the website -MR. SPAANSTRA: lottery this weekend. THE HEARING OFFICER: This isn't so Not Don't play the

Now, do we get back to Mr. Filas?

that he wants to come back up here, but that's a different question. While you are taking your chair,

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313 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 possible. Mr. Filas, anybody in the room that anticipates wanting to make oral public comment today, there are sign-up sheets in the back of the room. sheet will take six names. Each

I just need to know who

you are -- please print so I can read it -- where you are from, who you are affiliated with, if you are affiliated with somebody; i.e., a particular environmental group, one of the parties to this case, you work for somebody that has an interest in this. I need to know that information. But the

sign-up sheet is back there, and if there is anybody here now that anticipates that, please put your name on it. DR. GROSSMAN: Your Honor, is it

possible for people to make comments on the speakerphone? can't get here? THE HEARING OFFICER: Yeah, it is Is this a call-in for people who

We'll do that at 4:00 when we do It's -- let me suggest candidly,

everybody else.

it will be more effective if they write something, and I say that for this reason: practicing law for 46 years. I have been

Witnesses are more If

persuasive if you can look them in the eye.

not, they are secondly more persuasive if you read

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314 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 what they say rather than hear it. it's just a voice out of the ozone. On the phone I would

suggest -- yeah, they can do that, but it would be more effective if they would write it down and send it to me. DR. GROSSMAN: It can also be

effective if they were calling in from Bangkok or something like that. THE HEARING OFFICER: Now, if you're

going to tell me that the effects of this can extend to Bangkok, that's going to raise an interesting argument, a whole nother conversation. Your witness. DIRECT EXAMINATION OF FRANK FILAS CONTINUED BY MS. LUCAS: Q Welcome back, Mr. Filas. Thank you for

being back. Yesterday, as your slide indicates, we left off going through Part 18, Appendix A, the criteria, and the parts that are applicable to your license. We got through Criterion 1, and I wanted But before we go back

to start with Criterion 2.

into the criteria, I wanted to ask a couple questions to follow up on the environmental report. You spoke about a wildlife mitigation

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315 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 plan and also the environmental report, and I wanted you to please explain a little bit the way those two documents work together. A Okay. In the environmental report, we --

Edge took our proposed mitigation measures and they suggested others that were not in the application. So what we did is we agreed to do some and consider others during the review process. And the

mitigation plan you talked about is the habitat improvement plan. We agreed that we would work

with the Division of Wildlife to come up with one that they found acceptable. This could have been a

contribution of money towards projects that they cared about. What it ultimately became, however, is they thought that mitigation should occur in east Paradox Valley. Therefore, they came up with the

idea -- and it was refined in talks with our consultants at Edge -- to acquire 415 acres or more in the valley, preclude livestock from that area, and enhance the wildlife habitat in that area to make up for what was being lost at our site, which was 415 acres during operations of severe winter range for deer and elk. As part of that, they also said that, you

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316 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 know, we would work cooperatively with them in this endeavor so if there's other improvements we can make in that 415-acre area over time, we would certainly consider it and work with them cooperatively to do so. Q And when you are referring to "them,"

that's the State Division of Parks and Wildlife, right? A Wildlife. Q And you mentioned 415 acres of mitigated Yes, it's combined now into Parks and

land, and then you said the footprint of the mill is 415 acres as well, so is that how the 415 acres of -A Correct. And the idea was is through

active enhancement measures, that we would increase the productivity of that area much more so than what we actually have on-site, because our site has been used for grazing cattle for years and, you know, it would not be as good as an area that was dedicated to wildlife. Q And what's the anticipated final

footprint of the mill site once the life of the mill is finished? A It's about 160 acres would end up being

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317 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 plan. life? A Q Long term, yes. And then you talked about this mitigation What species is considered in the wildlife excluded from winter range. Q So there's a net gain at the end of the

mitigation, this plan? A Well, this plan was focused on the deer

and the elk for the severe winter range area that was going to be dedicated to our mill. Q Did the environmental report analyze any

threatened or endangered species and any kind of mitigation necessary for those? A Certainly. We asked that Edge do their

analysis much like they would do the analysis for any of the federal land-managing agencies in an EA or an EIS, so they looked at all threatened, endangered, and sensitive species and candidate species in the area. They identified none on our

site and none in the immediate vicinity of our site. They did identify three or four, I believe, endangered fish in the Colorado River, which is about 70 miles downstream of Bedrock, you know, on the Dolores River, and that -- and as part

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318 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 of that, we ended up agreeing to pay into a fund to protect those fish. We also subsequently, with our

agreement -- our water rights agreement on-site, we subsequently agreed mainly with the Colorado Water Conservation Board, but Sheep Mountain Alliance was part of that agreement, so was the BLM, we agreed to release water into the fish pool to augment the water in the stream, especially during times of low flow. Q not -A Right. And in the ER, we basically That was with your water rights. That's

focused on that payment to the fund, but, subsequently to that, additional mitigation transpired as far as the water rights case. Q Other than threatened and endangered fish

70 miles away, was there any other species in the area that were threatened and endangered? A There's a candidate species. It may even

be on the endangered list now. up with that.

I don't really keep But

It's not my area of specialty.

there's Gunnison sage grouse.

There's a lek about

11 miles south of us, and we don't have any mining activity and our mill wouldn't impact that area, so it was identified as being there, but it wasn't

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319 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 something that our site would really affect. Q And when you say it was identified as

being there, was that identification made in the ER or one of the documents? A It was made in the ER. And, again, as

part of the environmental report, they looked at all the species that could there and the fish and the Gunnison sage grouse were the two identified in the area. Q And the Pinon Ridge Mill site is on

private land; is that correct? A Q That's correct. And so there was not a federal

requirement in place to follow environmental assessment or environmental impact statements from under the NEPA; is that correct? A That's correct. However, there is the

Endangered Species Act and there is a portion of that that requires that we not impact threatened and endangered species. So even though it may not

have been required by NEPA, it was certainly required under other laws. Q Understood. Okay.

And you said before that when you hired Edge -- this is far back in your testimony from

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320 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 yesterday, but you said that you looked to hire Edge Environmental to do your environmental report because of their involvement in doing federal NEPA review documents; is that right? A Yes. They have had extensive experience

in doing environmental assessments and environmental impact statements, and we requested that they do this analysis in much the same way that they would be doing it for a federal agency. Q Thank you. Moving back to our criteria,

I want to continue walking through the criteria required under Part 18, Appendix A, for your application. yesterday. Moving to Criterion 2, I wanted to ask why Energy Fuels, in looking at its tailings sites -- or its mill site, why you didn't choose an old mill site? A Again, this is maybe beating a dead We talked about Criterion 1

horse, but the bottom line is that we did look at existing sites and could not find any that were suitable. They either didn't meet the new criteria

from the late '80s and early '90s because they were along rivers or they had shallow groundwater or both. The other sites we looked at that may have

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321 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 met the criteria were too small. They didn't allow

for a new mill and new tailings cells and evaporation ponds. However, the site we did choose had a relatively thick soil cover so that we could keep the tailings cells somewhat compact and not stretched out over hundreds of acres. Q And when you are talking about the

criteria, are you talking about the criteria under Part 18, Appendix A, or are there other criteria that you referenced in doing your siting? A Well, no. It is the criteria under Part

18, but this is almost identical to the same Appendix A that's in the Nuclear Regulatory Commission's regulations. I believe the State

adopted pretty much the same language, but they probably changed some areas because they can make it similar or equivalent or more strict, so I'm guessing there were a few changes in there. Q Moving on, Criteria 3 discusses tailings

impoundments, and quoting from it, Criterion 3 states that the prime options for disposal of tailings is placement below grade. states: Later on it In

In some instances, however -- sorry.

some instances, below-grade disposal may not be the

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322 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 most environmentally sound approach. Can you explain the location either above or below grade of the planned tailings facilities at the mill? A Our tailings cells are predominantly I would say on average, 80 percent

below grade.

below grade, which we end up with embankments in the 20- to 25-foot range, if my memory serves me right. So we meet this criterion and because of

those embankments being not very high, it's not a real problem to achieve very gradual slopes during reclamation, which is what's required. Q Moving on to Criterion 4, Criterion 4 is

generally more about the tailings facilities. We're going to be talking about that a lot this morning, and my question -- first question is: How

are upstream rainfall catchment areas minimized to decrease erosion? A Well, first of all, with site selection,

we selected a site that didn't have a large catchment area above us. And then when we designed

the tailings facilities, we put them between the two existing ephemeral drainages that extended through portions of the site, so we didn't change the drainage pattern that was already there. And

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323 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 then on top of that, we planned diversions around the upper end of the mill and tailings facilities that would connect into those existing drainages, so we tried to take advantage of what Mother Nature gave us there to minimize drainage impacts. Q What kind of wind protection does the

site topography provide? A Well, it's down in the valley somewhat Winds are Other sites such

tucked up against the mesa there. generally stable to very stable.

as, say, the Honeywood site that was near Naturita that was on top of the mesa would have had higher winds, we expect. So this site, you know, is about as good as any, I think, as far as, you know, protecting the facility from real high winds. I mean, you are

still going to get high winds from time to time. That's part of life. area. Q Can you speak about the broad objective But, in general, it's a good

in designing the embankment and cover slips for the tailings. A Okay. There are -- you are referring to

what those slopes need to be for final reclamation, and their criteria -- the optimum is they have

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324 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 slopes of about ten horizontal to one vertical, and that is what we have for most of the site. There

are some areas in between the tailings cells where we have slopes of five to one, and those are reinforced with additional rock cover; and we also have a designed ripwrap for the maximum precipitation event in the drainages around the tailings cells. Q And how does the tailings cover plan

reduce wind and water erosion? A The biggest improvement that we made --

and that was part of the CDPHE's review -- is we increased the soil cover, so we have considerably more soil. And, obviously, when you are talking

about a thousand-year period or more, it's nice to have a lot of soil cover in case you do have some erosion. The other thing is we incorporated what's

called a rock mulch in the upper six inches where we incorporated stone into the soil, smaller stone, but still more resistant to erosion. And one of the biggest things over time, of course, is to establish a good vegetative cover. The old historic tailings cells were many times just covered with rock, and that kind of promotes infiltration of water. By having a vegetative

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325 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 cover, that vegetation, through evapotranspiration, would use the water that comes down to stabilize the soil surface. So all those things combined, I

think, for a good final cover over the site. Q And what precautions did Energy Fuels

take to ensure that the tailings impoundment is not located near a capable fault? A We drilled holes all over that site to We had

determine what the geology looked like.

three or four geophysical surveys across the site. In fact, we did some additional work in areas where we didn't have good resolution the first time. Based on that, we did additional trenching and dating of the various soils to verify if anything had moved in the last few million years. did some coring. geologists did. We also

There was a lot of work that our Anyplace that looked like there

could be a potential discontinuity, trenches or coring was done to verify what was actually there. Again, the geologists determined that there were no capable faults. The faults that were

on-site had been created through very, very gradual erosion over millions of years. They also

determined there were no discontinuities or anything like that beneath our tailings facilities

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326 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 or mills that could cause problems. They did find that the soils underneath the mill, some of those were wind-blown soils, and so they were not as compacted as they should be. But we ultimately mitigated that based on the engineers' recommendations to remove that soil and recompact it prior to placing the mill foundations down, and that's a common practice for those type of soils. Q And where is all of this information

describe in the application? A The geologic report is found in Volume 4

of the application, and that also has the geotechnical field and laboratory test program. And then in our -- I believe it was our second response to the first request for information, we provided a detailed foundation design for the more key mill buildings where processing was to occur. Q You just testified that the areas were Were the tailings

essentially seismically stable.

impoundments designed, then, to deal with any seismic activity at all? A Of course. The International Building

Code was consulted, and the tailings facilities and mill buildings and that were designed for the

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327 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 maximum earthquake based on the International Building Code. I don't remember the exact

terminology, whether it's the maximum probable or the design -- it's the design earthquake. And that

was a 4.8 magnitude earthquake at a little less than 10 miles from the site, which is pretty close obviously. Q And how is the tailings impoundment

designed to promote deposition? A Well, it's really not designed that way.

Some deposition could occur in the lower areas where the ripwrap channels are, and I guess some vegetation could grow in that area between the rocks. That would be helpful. But basically it's

a very shallow dome structure, so you wouldn't have deposition on the dome portion of the tailings facility, but that's not a very crucial long-term issue. Q Moving on to Criteria 5, this criteria

discusses groundwater primarily, and my first question is: How is migration of wastes out of the

tailings impoundment prevented? A Okay. Again, we talked about this in But we have a multiple

some length yesterday.

liner system underneath our tailings cells and

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328 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 evaporation ponds consisting of a primary liner and a secondary liner below it, and then sandwiched in between is a leak collection and recovery system that keeps the hydraulic head off the secondary liner, and this is required in the EPA and NRC regulations. And below that, we have a foundation with a geo-synthetic clay liner, a combination of a synthetic liner and clay. That system, we showed

in our reports, design reports, that that exceeded the requirement for a clay liner underneath that is in the regulations. Again, the regulations say --

the NRC regulations say, you know, equivalent or better liner system, and this liner system that we have proposed exceeds the requirements. Q Criterion B requires that, quote,

Hazardous constituents entering the groundwater from a licensed site must not exceed the specified concentration limits in the uppermost aquifer beyond the point of compliance during the compliance period, end quote. How did the application documents ensure compliance with this criterion? A Well, first of all, we don't just have

liners under the tailings cells and evaporation

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329 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 ponds, we have them under our ore pads; and there's secondary containment on all of the mill processing areas. So those are designed to prevent seepage

into an aquifer. We are also required under NRC rules that have basically the status that you will honor these rules also, even though they may not be incorporated into our regulations yet, but that if we have any spill or release, we can't just walk away from it. We have to report it. We have to

excavate it, move that material into a tailings cell or other appropriate place, and then do verification to make sure we've cleaned it up. So

we kind of clean up as we go these days so we don't have a long-term contamination issue. Q Is there any monitoring efforts along

with all of this? A Yes. We have been monitoring the

Chinle-Moenkopi Aquifer that's on the south end of the site. years. We have been monitoring it for five

And we have proposed additional monitoring

wells to the State as part of our application. Q Moving on, can you discuss a little bit

how the application incorporates groundwater protection programs?

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330 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 A Okay. The way that works is, again, we

have proposed a monitoring program, and the State has said in one -- or a couple, actually, of the license conditions that were in the license that was set aside, they indicated that they wanted us to submit another operational plan with additional details in it which will include additional wells. These wells -- we have already proposed deep wells in the Chinle-Moenkopi and some wells that would probably be dry wells at the base of the soil layer, because sometimes a small amount of water can accumulate there. And the State would

like to see more wells, especially in the more shallow area. They would also ultimately require

us to have point-of-compliance wells, which are typically at the property line. But they would use this five years of baseline data that we have and they will establish the groundwater protection standards for the site. Where we have background levels that are higher than State standards -- for example, drinking water, typically they will do a statistical evaluation and establish the protection standards at background levels. background. You can't go over

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331 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 And then as far as if these constituents are at low levels in the groundwater, the protection standard will be established probably at the State groundwater standard, but that's better left for CDPHE to discuss. of it. Q Are there any groundwater impacts That's my understanding

occurring at the site right now due to seepage? A Q No. The facility hasn't been built.

How does the tailings disposal system

proposed address the chemical and radioactive characteristics of the waste solutions? A Our proposed liners were tested in the Some already had test results in; some

laboratory.

we had the vendors do additional testing to make sure that they were chemically compatible with the tailings solution. As far as radiation goes,

again, that's an operating thing where we keep the tailings saturated to keep the radon emissions reduced in those areas. Q You referred to testing. Is that in the

record, in the application, the results of that? A Yes. The testing would be in the

tailings cell design. Q And can you point to us where in the

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332 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 application the tailings cell design is? A Q The tailings cell design is in Volume 2. How does the tailings disposal system

address the potential for transport of contaminants and solutions through the underlying soil? A Q A Again -- which criterion is that? It's 5G. Okay. And here you are asking about our

liner systems or are you asking about the underlying geology? Q A Well, how they interact, essentially. Okay. If you had -- of course, the liner

system is established to minimize seepage through it. If you had seepage down into the underlying

soils, there you don't have groundwater under most of the tailings cells, so that's a benefit right there. And then you have thousands of feet of So from

salt, is what you do have under there.

that point of view, it's not like this -- if you had seepage, that it could easily get to an aquifer, so hopefully that answers your question. Q I think so. And, again, can you point us to where the characterization of the underlying soil and geologic formations is in the application.

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333 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 A Okay. That would -- again, Volume 4

looks at geology and Volume 5 looks at groundwater, and there's a series of reports in both of those volumes on various aspects of it. Q How is the penetration of radionuclides I'm moving

into these underlying soils minimized? on to Criterion 5H. A

Well, radionuclides -- of course, it's

your liner systems that are throughout the site. Again, they are not just the tailings impoundments, but the evaporation ponds, the ore pads. Under the

mill, again, you have secondary containment in all critical areas. We have double-lined pipes, and

these pipes and the processing equipment, the materials are so much better than they used to be. You have HDPE pipes that are very chemically resistant, much less likely to fail, and you have got double-walled pipes. So if the inside Our

one fails, you still have the outside one.

tanks -- for example, our leach tanks used to be wooden tanks and now they are rubber-lined steel tanks or stainless steel tanks, so there has been a big improvement in limiting the possibility for a release. Q And these pipes, what are they carrying

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334 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 and where are they carrying it to? A Well, you have pipes within your mill

area that are carrying solution from one system or building to another, and you also have pipes that carry solution down to the tailings or the evaporation ponds. Those pipes are larger and The pipes,

they're typically in a line trench.

though, at the mill are typically double-walled pipe just going between the buildings. Q Moving on to Criterion 6, this criterion

addresses precipitation events and storms at the facility. Can you talk about how the tailings

cover would avoid contamination even under a maximum probable precipitation event. A Again -- and this is during closure, but Well, it's

it is the same for operations too.

slightly different for closure versus operations. During operations, the water is diverted around the facility. two storm-water ponds: mill, one on the west. Within the facility, we have One on the east side of the And if you had a huge

storm, any excess water from those storm-water ponds or from the tailings cells would go to the evaporation pond via gravity flow, and it has capacity for the maximum probable precipitation

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335 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 event. As far as during closure goes, again, the water would be permanently diverted around this closed tailings cell, and the tailings cell itself is designed for the maximum precipitation event, in that there is a ripwrap of the drainage areas, a pretty substantial ripwrap of durable rock. Q So it sounds like the facility is

designed so that water that occurs outside of it will be diverted around and water that falls on top of it will be contained. A Right. And on top of that with the Obviously, for smaller storm

vegetative cover.

events, the precipitation would be consumed by the vegetation that's there. Q How will you know whether the radon

emissions over time are kept where they need to be? Do you have a monitoring place for that? A Well, during operations, you have air You have to model based on You have to model your various You also have groundwater

monitoring systems. what you find out.

facilities for radon. monitoring wells.

As part of the periodic renewal

of the license, we do additional -- and also annually, I might add, on some things -- you do

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336 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 additional sampling of vegetation and of soils. We

also sample the rabbit population, which is pretty prolific out there. Every five years we would do

that to make sure that we aren't seeing increasing radiation levels in even the biota. Q How about after closure, is there a

continuing monitoring after that? A After closure, we are required, as the

operator, to make sure that that site is stable. And typically in the first few years, you might have to do a little bit more seeding. You will

continue with your groundwater monitoring program, perhaps air monitoring to some extent. depends on what the State requires. Once we can prove that the site is stable, does not require any more vegetation, and that the monitoring wells and that show no sign of contamination, at that point in time we would request a permanent release from that site. And as Just

part of that, we have posted a long-term care bond or amount of money, and this money would either be transferred to the State if they wanted to take care of the site but, more likely, to the Department of Energy. I believe all these sites

prior to us have gone to the Department of Energy.

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337 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 And that money would support periodic visits and monitoring of the site in perpetuity. Q Criterion 7, moving on, discusses Is there anything else you

groundwater monitoring.

would like to talk about in term of the groundwater monitoring plan in place? A Well, again, it has been in place for

five years, so there is a lot of data for the State to work with. Q And moving on to Criterion 8, can you

please discuss how the operations at the mill will be conducted so that all airborne effluent releases are reduced to levels as low as reasonably achievable, what we talked about yesterday as ALARA? A Again, in our design of the facility, we

made sure that the equipment we had was the best available for reducing emissions, and that included a zero discharge yellowcake dryer, it included a SAG mill rather than a crusher. Those type of We

decisions were made early on to achieve ALARA. also -- at the recommendation of the CDPHE personnel, we moved our administration building

away from the immediate mill area to reduce their exposure. So design decisions played the initial

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338 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 that. role. And then as far as moving forward, we have procedures in place that are designed to minimize exposure of our workers and of the general public. And as far as then moving into closure, we

have got closure plans that are designed to -- with radon covers and that -- to minimize or reduce the radon levels to, again, as low as reasonably achievable. Q And how is dust from the tailings

impoundment controlled? A There's several different ways of doing The primary way is to keep the tailings

saturated, and this isn't that hard to do during operations because you're discharging 500 tons per day of slurry, and it's being discharged around the entire facility. Some of the older facilities only But by putting it

had a discharge in one place.

all around the facility and by making this impoundment a lot smaller than historic ponds, we're able to keep that area pretty well -- the beaches pretty well saturated at all times during operations. There is also a water pool that

collects there and can cover anywhere from 20 to 80 percent of the tailings impoundment at any one

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339 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 time. That provides even more radon attenuation.

So that's not an issue there. As we move into standby or closure, then a lot of times what happens there is -- at least on standby -- you use a chemical dust suppressant, and that will keep dust from blowing and it will also help to keep the saturation in the tailings. And

then when you move to closure, what we've proposed to do and what is pretty common is you typically push the coarser tailings over the finer tailings and they collect in the center of the pond. Coarser tailings have much less radiation, and then you cover that with your interim cover until you can apply your final cover. So those are the

methods we use to reduce radon emissions. Q Criterion 9 and 10 are basically

discussing long-term care as you have up there and hazardous constituents. We are not going to talk

about them because I don't think they are applicable. We may hear about them from someone

else later, but not from me. So let's move on to our final area of discussion, one that interests a lot of people and we've heard a lot about in the district court case, and this is compliance with regulations regarding

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340 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 decommissioning and other financial warranties. I will just sort of open the floor to you with the general question: If you could please

discuss the financial warranties that are associated with the application. A These were the warranties that were in And basically

the license that has been set aside.

the financial warranties -- the almost 1.4 million was due after licensing before any construction could occur on-site. Then there was 2.9 million,

approximately, was also then due prior to the start of construction. So bottom line, the State was

covered because we have nothing on the site right now that -- no 11e(2) byproduct material, but there still was a bond in place at all times. The bond was always increased prior to the start of construction, and then, again, at the 50 percent point, it was increased by another 6.4 million, and finally prior to mill operations, the last 400,000 would be posted, so the State and the citizens of Colorado were protected throughout this. And even if you think about it, at this

point in time, you have your full bond. When that 400,000 is posted prior to operations, you have your full bond in place, $11

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341 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 million, and there's still no process tailings there. You might have some ore stockpile material

you might have to dispose of if you shut down right at that point in time, but the State was well protected. There's also a second component to the reclamation and closure funding, and that is the long-term care fund. This is the amount of money We

under the license that has been set aside.

provided $844,000 to the State that went in cash to them that would gain interest over time and ultimately most likely be transferred to the Department of Energy when the site was reclaimed and met all the reclamation standards. So that was

how the State set it up for the license that was issued in March of 2011. Q Okay. Just to be clear, the district

court has set aside that license, so are any of these financial warranties or long-term care fund moneys in place or applicable right now? A No. We had those refunded to us, and, of

course, if a new license is issued, we would expect similar type of bonding requirements. However, one

other thing has happened in the meantime, and that is: We did agree with the Town of Telluride and

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342 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 San Miguel County that we would increase our bonding to a minimum of -- between the long-term care fund and the financial warranties -- to $15 million. They felt that our bond was low and so we

agreed to this compromise. I also want to point out, though, that these financial warranties are reviewed annually. So as a facility changes -- if, for example, we have a release and the State is concerned about it, that it's going to cost more money, or if we are adding a second tailings cell or something like that, then that bond could be adjusted upwards. Likewise, if we close a cell and reduce the reclamation cost requirements, then the bond would go down. So this whole thing here provides a means

for making sure that that bond is adequate at all times. Q And who is the party that decides -- who

reviews the bond? A It's the CDPHE radiation program, but I

believe the public has a right also to comment on the adequacy of the bond during those reviews. Q As we are talking about continued CDPHE

involvement in the site after a license is issued, you mentioned earlier, I think, a five-year renewal

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343 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 that is? A Okay. Well, typically every five years, of the license. Can you talk a little bit more about what

the State looks again at our license application and the changes that have been made since. It also

provides us, as an operator, the chance if we are -- say we're adding a tailings cell or something like that, we can add that in there. And we also revisit some things. example, we will at that time revisit the threatened and endangered species to see if there is any other species that have been added or habitats have changed and that we may have a concern there. So it's just a matter of updating For

the license and making sure that it's in compliance with all the requirements; and, again, every five years. Q So when you say updating the license and

making sure it's within the requirements, is that an informal process or do you have to reapply for a license? A It's a formal process. MS. LUCAS: almost done here. Just one minute. We are

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344 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Q yesterday. feed. THE HEARING OFFICER: All right.

(By Ms. Lucas) One other thing from We heard a concern about alternate

Is there a plan to mill alternate feed at

the Pinon Ridge facility? A No, there's not. We had proposed to the

State that we would like to process some of the residuals from our water treatment plants at the mines, but that was not approved in that decision that they made in January of 2011. materials are very small. issue to us. However, those

It's not really a big

And as far as taking waste materials

as alternate feed, that's never been proposed for this facility. Q Will you seek to propose the -- the

wastewater residuals from your mine, will you seek to propose that again now -A Probably at some point in time. It just

makes sense -Q A Q A In this application. In what application? In the application being considered now. Well, we had it in there, but the State

didn't approve it and we didn't go into a lot of detail about it. But basically what that is is we

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345 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Q used barium chloride to precipitate out uranium and radium, and basically our precipitant looks almost virtually identical to our ore. So it makes sense

to send it to the mill, recover the uranium, rather than put it into a, say, disposal facility where you wouldn't recover the uranium. Q A Q But you are not seeking to do that now? No. Thank you. Thank you very much for your

time, Mr. Filas. Final question: Under your

consideration, do you think this application is complete and provides -- do you think this application is complete? A Q Certainly complete. Do you think it provides enough

information -MR. STILLS: Your Honor, if I may They're

object to these last two questions.

seeking a legal opinion from the witness. THE HEARING OFFICER: MS. LUCAS: Okay. Same ruling.

(By Ms. Lucas) In your experience seeking

permits from other agencies, given that experience, do you think that there is anything outstanding

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346 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 that needs to be addressed with this application? A I think this application was technically

superior to any that I have seen for any other conventional mill ever. So, no, I'm pretty proud

of what we have put together here. MS. LUCAS: Thank you. As I

THE HEARING OFFICER:

understand your conversation earlier, we now need to have an in-camera discussion about confidentiality issues? MR. STILLS: Yes. Before we

THE HEARING OFFICER: proceed with cross. MR. STILLS:

I think that would be

the way it would work out nicely, and as we guessed, it's right up against a break time, so it will facilitate getting the facility for our discussion. THE HEARING OFFICER: For those of

you who may not have been here yesterday, we don't have chambers available in this proceeding. Chambers is a place I get to go hide with the lawyers and talk about things. So we are going to take a ten-minute break, and I'm going to just get the parties and

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347 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 counsel back into the room and exclude the audience to enjoy the sunshine while we have a legal argument that may or may not be admissible in the process and then we will come get you. But let's

just take a general ten-minute break first. (Recess taken, 10:02 to 10:32 a.m.) THE HEARING OFFICER: We are Everybody

assembled for an in-camera conversation.

in the room now is a party or a representative of a party. We are going to deal with the issue about

how to approach from the confidentiality questions, correct? MR. STILLS: Yes. And I was -- I

had two things that I was considering and proposing to do all this. One is the use of the discovery

materials that we received from Energy Fuels, which has confidential documents all the way through it. And then the second question is the specific CH2M HILL document. One of the ways that I would propose handling confidential documents so we don't end up sort of bogged down and closing, running out, and coming in is I think only a few of the ones that I want to use in the hearing are confidential. But

there are some I want to get into the record that

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348 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 anymore. are confidential that I don't need to have in the room, but I need them as documentary evidence. And

I think there are other documents produced during discovery that are relevant to environment and to contamination. So what I would propose to do for those is to move them all in, as we have done with the other materials, stipulating that they are -- that they are authentic, not have to worry about getting them in, making a proffer, so they are all in on the record but they are held as confidential until such time as you-all finish up getting the list out that was in the discovery order of which remain confidential and which are not confidential. MS. LUCAS: We've done that. We

gave that to you with our fourth production, maybe. Oh, no -MR. STILLS: I got it for the

privileged documents that were withheld but not the confidential ones that were produced. scattershot of what is and what isn't. MS. LUCAS: Well, things that are It's still a

labeled confidential are confidential. MR. STILLS: Except some aren't

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349 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 447,000 pages? MS. LUCAS: MR. STILLS: unreasonable production. to avoid those problems. MS. LUCAS: opening all the documents? MR. STILLS: MS. LUCAS: MR. STILLS: Yes. By making us -It was your production Avoid the problems of Well... That's a little MS. LUCAS: of those documents. MR. STILLS: But there's no list. Well, we gave you a CD

There's no way to figure out what's what. MS. LUCAS: MR. STILLS: Open it -One by one through

I'm trying to find a way

and I think that's reasonable to -- if you want -and I guess I direct it to Your Honor. have had it in two files. THE HEARING OFFICER: How many You should

documents -- not how many pages, but how many documents were originally designated as confidential when we were going through this discovery exercise? MS. LUCAS: There were, I believe,

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350 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 probably multiple hundreds designated as confidential. Then we -- I need to refresh my We had our conversation with

memory a little bit. SMA.

They asked us to go back through -- well, I We went back through

don't know if they asked us.

and did a second -- another production of documents that we determined, in fact, were not confidential. And we provided to SMA a CD of documents that had removed the confidential stamp, and then all the others remain confidential. That was how that was

handled, and I need to look back through and remember how many -THE HEARING OFFICER: Do you have an

estimate as to how many remain designated as confidential? MS. LUCAS: We are going to call our -THE HEARING OFFICER: don't need to know -MS. LUCAS: I understand. I don't A ballpark. I I can get that to you.

know off the top of my head, but my colleague does. And I'm also looking through papers which I believe in our filings we made a statement -THE HEARING OFFICER: Yeah, there

are some numbers in one of those discovery filings.

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351 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 need to check. THE HEARING OFFICER: addresses the privilege. MR. STILLS: Your Honor, what I'm This chart MR. STILLS: If my memory serves,

that number only addressed the privileged, not the confidential -MS. LUCAS: No, I don't -- well, I

referring to is this hard drive that I submitted. THE HEARING OFFICER: that's the first cut. MR. STILLS: And I appreciate that Yeah, but

you have someone in your office who might know, and I think it would be appropriate to -MS. LUCAS: MR. STILLS: Can you say that again? If you made those cuts

in the process of doing it, it should be a clerical exercise. For me, it's a substantive analysis one

by one of hundreds of documents. MS. LUCAS: So what you are asking

for is a list of hundreds of documents with the title, who wrote it, and the date and all of that stuff so you can look over it and say, Oh, this seems like it might be confidential and this one doesn't?

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352 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 voluminous. MS. LUCAS: And some are MR. STILLS: Here's the practical I

side of what I'm looking at, the larger piece.

got the remainder -- I got the documents that were released that have no confidentiality stamps at all, including your secondary response and the documents you released without stamps on them. And

I have these ready to offer into evidence, and if we can stipulate them in, as we've been doing with the other things, we can be good with that. The problem is with, as you said, the gargantuan effort to have me go through and analyze what's in this, I'm suggesting you've got a list. That's a very different exercise, and perhaps you could have someone delete or move into a separate file that which is confidential so we can use it without it being cumbersome as we move forward. MS. LUCAS: I understand what you Do you know

are saying, and so my question is:

which documents you want to use going forward? MR. STILLS: Yes, and they are

confidential and some are not? MR. STILLS: MS. LUCAS: Yes. And do you know which

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353 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 ones you want to project in front of the public that are confidential? MR. STILLS: number of those. MS. LUCAS: And so the others you Yes. I've got a short

want to proffer into evidence? MR. STILLS: MS. LUCAS: Yes. I think that -- you

know, the point of confidentiality is that they will go into evidence and be kept confidential on the record in the future. And I think that that is

acceptable, that we don't have any problem with those being offered into evidence with the confidentiality stamp on them. And the ones that

you want to use here that are marked confidential we will deal with as we go along. MR. STILLS: with one document. MS. LUCAS: Yeah. Unless you have As we're about to deal

concerns about ones that are marked confidential that you are planning to just enter into the record, that's... MR. STILLS: Here is my concern, and I

that is trying to make -- this is in evidence. don't know that everybody here has a copy of it,

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354 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 the client. THE HEARING OFFICER: question of Mr. Stills. Let me ask a which I would need to get out. I guess -- and I

don't know if everyone wants to have a protective order with some of the back and forth that's happened here hanging over their heads with confidential documents in their possession. everyone knows how to handle confidential documents. I'm just trying to look for a way -- like Dr. Grossman. I was looking for a way to get the Not

full set to Dr. Grossman without them in and me be able to use it, knowing when I was going to have to go through the procedure of a confidential document, which I don't have a problem with personally. I'm looking for that practical piece,

but if we can move it all into evidence and maybe sort out how to do this later, we would be in good shape. MS. LUCAS: I need to confer with

How many documents do you

have that you are aware of that retain a confidentiality designation that you want to use in examination of a live witness? MR. STILLS: Five.

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355 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 MS. LUCAS: Okay. Why don't you

THE HEARING OFFICER:

have a conversation and, say, disclose generically what those five documents are to Energy Fuels, and then we can find out -- I mean, maybe or maybe not -- you may or may not -- the portions you want to talk about may or may not be something they're terribly concerned about. MR. STILLS: And we are going to

test a little bit of that here in a minute with the CH2M HILL document. But what I would like to do, so I don't have to come back to this, is go ahead, if I can have a stipulation as with the others, and move this into evidence. the other documents. completeness. These CDs that I prepared are You can review them for

And then that will remain under

seal, but it will be moved into evidence so I don't have to mess with making a proffer and such. THE HEARING OFFICER: Nobody has got

a problem with authenticity on any of this, do they? MS. LUCAS: No. I think that maybe

this is simpler than it sounds. MR. STILLS: I think we are done,

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356 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 actually. MS. LUCAS: Yeah. So you don't need

a list of all these documents because you know the five you are going to use. What we are concerned

about is people on the phone and in the room seeing the documents and having access to them. If you

are only doing five, we can handle that pretty easily. THE HEARING OFFICER: Why don't you

have a discussion about what those five are and what portions of those five Mr. Stills intends to get into. I mean, you need to kind of revisit the

question and say, Do we need these confidential or do we not? I mean, I don't know what they are. MR. STILLS: For my purposes with

documentary and bringing them into evidence, we don't have to make those conversations now and we can submit portions of our brief, segregate it as it's laid out, typical of confidential materials. We can contact you when that time comes and -THE HEARING OFFICER: I have

already -- I can tape the discs that remain confidential so that they will remain marked as confidential. MS. LUCAS: I think that makes

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357 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 record copy. sense. MR. STILLS: I'm entering in a

It's got EFRFP1, Energy Fuels Request

for Production 1, and that should be the full sum of it: The hard drive that was provided to us plus So we're

the CD ROM that I just handed Judge Dana. good on that. THE HEARING OFFICER: nonconfidential documents? MR. STILLS: That's correct.

These are

THE HEARING OFFICER: still has confidential documents. MR. STILLS:

The hard drive

That's correct. For the record, Your I

MR. SPAANSTRA:

Honor, I have Caroline Lee on speaker here. think we have resolved this. THE HEARING OFFICER: MR. SPAANSTRA:

I think so.

Caroline really

knows the ins and outs of this, but if we are down to five documents, that will make it pretty easy. We are fine as long as they are marked as you just indicated, Your Honor, and CDPHE, we are confident, has procedures in place to keep them confidential. THE HEARING OFFICER: Do you want to

make a proffer on the record about which five or do

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358 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 it. you, I'm close. you just want to talk privately? MR. STILLS: No, I don't think it's

a good use of the time right now to do that, and I think there are still privileged documents coming to me. I'm making decisions about which of those I haven't seen them yet. MS. LUCAS: MR. STILLS: We were going -I'm not saying -Let me tell

to go through.

THE HEARING OFFICER:

By 1:00, after the lunch break, I

will have been all the way through this privilege log. I have, then, a question and you might

caution Caroline that this is coming. MR. SPAANSTRA: hear Judge Dana? MS. LEE: I can. Thank you. I'm going Caroline, can you

THE HEARING OFFICER:

to -- I need the underlying e-mails for about a third of these documents. MS. LUCAS: We have them. MR. SPAANSTRA: From listening Caroline is on top of

yesterday, she was already on it. THE HEARING OFFICER: Okay. So when

you can get me that, then I will combine that with

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359 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 need one. MS. LEE: as well, Judge Dana. THE HEARING OFFICER: try and e-mail to me -MS. LEE: Sure. I will do that. -- the Why don't you I can e-mail them to you the ones I have questions about, and it won't take long to make this -- you know, this has been a quicker review than I thought it would be. MS. LUCAS: computer and I can -THE HEARING OFFICER: them to the disc I already have? MR. STILLS: I have a disc if you Can you add I have them on my

THE HEARING OFFICER:

underlying e-mails that go with the documents on the privilege list. Just for the record, so everybody will know what we're arguing about, what I think I have is I have the attachments -MS. LEE: Right. -- that were

THE HEARING OFFICER:

sent -- there was an e-mail sent from Mr. Filas, for example, to you, Mr. Spaanstra, but I didn't get the e-mail. All I got was the attachment that

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360 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 going to get. MR. STILLS: And then I can close went with it. So I'm looking at it trying to

think, How is this lawyer-related, how is this attorney-client? Because I didn't have the cover So that's where I got

e-mail that it came with.

bogged down and that's the discussion we started up here at the bench yesterday. So now if I can get those and put them together, but it won't take long once -- if you will go ahead and e-mail those to me, then hopefully by 1:00, I'll just say, You get these documents. number. And, again, it's going to be a limited

I will caution you. MR. STILLS: Well, the confidential

I have, that's a discussion revealing on how I deal with them, those documents I've gotten, so that's a procedural matter. Once I get all the privileged,

then I will have, I believe, everything that I... THE HEARING OFFICER: That you are

that off and know it's closed off and do what I need to do on that, so I appreciate that. THE HEARING OFFICER: MR. SPAANSTRA: Okay.

Ms. Lee, for the Actually, it's

record, could you spell your name.

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361 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 here. the way you would think, but just do it. MS. LEE: Sure. It's Caroline,

C-A-R-O-L-I-N-E, Lee, L-E-E. MR. SPAANSTRA: Thank you. Okay. Can we

THE HEARING OFFICER: invite in the hoards of the public? MR. STILLS: No.

I have one thing I

Let me go ahead and do this briefly.

would like to discuss this here and then we'll come back and do the cross. VOIR DIRE EXAMINATION OF FRANK FILAS BY MR. STILLS: Q Mr. Filas, good morning. I appreciate

you answering a couple of questions concerning what I think I can refer to as the CH2M HILL report. It

was provided by Mr. -- I forgot his name -- one of your colleagues. It was provided to Energy Fuels

as a report, and it's been referred to as a basic engineering report amongst our discovery responses back and forth. Are you familiar with this front page of this report? A Q Yes. Is there anything confidential on this

particular page?

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362 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 one minute. A No. MR. STILLS: I would like to enter

this page into the record, then, Your Honor, as a nonconfidential document. MR. SPAANSTRA: the page in front of you? MR. FILAS: Yes. Your Honor, give us Frank, do you have

MR. SPAANSTRA:

We would like to confer. THE HEARING OFFICER: Okay.

(The witness and counsel confer.) MR. STILLS: The witness is

conferring with counsel, for the record. THE HEARING OFFICER: MS. LUCAS: Apparently.

We were just curious.

This particular page probably doesn't have any business confidential information on it, but are you going to present every page of the report? MR. STILLS: MS. LUCAS: MR. STILLS: I sure hope not. Where is this headed? I'm getting a little

bit of voir dire on how the document was handled to see if it's got any privilege still attached to it at all. MS. LUCAS: First of all, just for

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363 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 the record, it's not privileged. MR. STILLS: Confidentiality. MS. LUCAS: It's confidential. So I'm sorry.

you have had this document since whenever, October 5th, I think, and you've been working with it. And

the only issue here is whether or not we can put it up on the screen so the whole public can see it. MR. STILLS: MS. LUCAS: That's correct. And whether or not CDPHE

will keep the record closed when people come in later and look through the public record. MR. STILLS: MS. LUCAS: That's correct. Okay. You know, I guess

it's one page of that report.

We could agree it's

nonconfidential without waiving the confidentiality of the report as a whole. You had requested that

we redact portions of it, and our response was it's a long report and there's confidential information on almost every page, and that is why we wanted the entire report to remain business confidential for your use in examining our witness at this hearing but kept confidential from general public consumption. MR. STILLS: Okay. I appreciate

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364 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 document? A No. However, we did make a decision when questions. Q (By Mr. Stills) And I will refer to this your position. I have a couple of questions that

go towards those issues. THE HEARING OFFICER: Ask your

as the basic engineering report to refer to the whole report -A Q Sure. -- that this is part of. Who was provided a copy of the entire basic engineering report? A Q Energy Fuels. We have eight sets.

You have eight sets. Was anyone else provided a copy of that

we put together our license application that -- I take it back. We gave a copy to LynTec, who is I

another processing company that we work with.

don't know -- I think that set was returned to us, though. Q A Q I'm not sure. I was not involved in that.

Did you provide a copy to anyone else? Not that I'm aware of. Were confidentiality agreements prepared

before those were shared with LynTec?

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365 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 that. Q Were you involved with the preparation of A I don't know. I was not involved in

the discovery response? A Q To some extent, yes. And this has material in it that was

relevant to environmental and contamination issues? A I don't know. I can't remember much in

there that was environmental or contamination related. Q A document. Q Is there any parts of this report that is But those aspects -I mean, it's basically a process design

relevant to contamination and environmental impacts? A If there is, it's not addressed in very

much detail because that's not how I would characterize that report. Q A Q impacts? A To the extent that we thought it was How would you characterize that report? As a process design document. And is design relevant to environmental

relevant, we excerpted those plans, which are the

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366 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 general arrangement plans for the mill and the process flow diagrams. We didn't necessarily want

to provide all of that, but we thought that that was information that CDPHE needed in order to do their evaluation. So we got approval from CH2M We

HILL to use those drawings in that capacity.

had each of those plans reviewed and stamped by a PE as requested by CDPHE and we provided that in Volume 1 of our license application. Q Do you have to get CH2M HILL's permission

to use other parts of this document? A I would. I'm not an attorney, so I don't

feel real comfortable reading this and determining one way or another whether I could act without their approval. So normally what I would do would

be -- you know, be very direct with them and say, we would like to release this, if we decide we want to release it or the Court decides that we have to, I would certainly talk to them. Q Do you have the authority to release this

on behalf of Energy Fuels? A Q A Q No. Who would? Probably Curtis. As --

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367 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 A I'm not legal counsel. I'm the

environmental manager. MR. STILLS: enough of this now. I think we have done

I think we have now fed into

the discussion we need to have, but I think I've got what I need to know. I think we probably need

to hammer this out amongst counsel and see if we can get a stipulation on it. Otherwise, I will Thank you.

take it from here when I start cross. THE HEARING OFFICER: mark this as 11? MR. STILLS: MS. LUCAS: Yes.

So you want to

Your Honor, I just want

to -- can I ask a question of Mr. Stills? THE HEARING OFFICER: MS. LUCAS: Sure.

And this might be part

of the conversation we'll have later, but I just want to know what we are conversing about later. What do you want? Do you want us to call this not

a confidential document so that you can project it on the screen and have people ask CDPHE for copies of it? MR. STILLS: for copies of it. Yes. Or not ask CDPHE Let

Ask me for copies of it.

Dr. Grossman use it outside of his capacity as a

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368 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 party. Let Sheep Mountain Alliance's members, as

opposed to its litigation team, be able to review it. Have folks such as Sarah Fields, who has as

much information on these as anybody, to post it on SMA's website so the public can understand, because this document was used as the basis -- for this proceeding, which we take the view -- Sheep Mountain Alliance takes the view as a public interest organization that it's not just for the litigation team of the entity, but it is important for the broader public and their members -- we can't give these to their members without having a protective order that is completely unwieldy -- to understand and see the basis of the report upon which the application was built. MS. LUCAS: Dr. Grossman, of course,

is a party and so he has access to this if he needs it. We will talk about this later, but we

definitely are interested in keeping it confidential exactly to avoid it being posted on anybody's website. MR. STILLS: We are interested in it

being not confidential exactly for the opposite reason. MS. LUCAS: Okay. Thank you.

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369 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 conversation. MR. SPAANSTRA: To follow up, are we

talking about making portions of it -- is that the conversation? MR. STILLS: That can be part of our

I've raised that as a potential We think the vast amounts of it

solution to this.

are not business confidential, has no trade secrets. And, again, this is going back into our

briefing where we think that there should be some proffer at least by Energy Fuels to be able to keep these documents protected at all. not our burden. I think it is I

I think it's in the briefing.

think we disagree on this.

But for confidentiality

to be maintained, it's not our duty, it's not our burden, and I don't think it's been met by Energy Fuels. I'm willing to talk about it informally,

though, as opposed to moving into motions practice. MR. SPAANSTRA: So in terms of going

forward and to make sure we understand, the parts of your cross-examination where you use it, we're going to have that done in camera? MR. STILLS: In camera and I think

we should plan on some time for in camera for my cross-examination. I'm guessing that we are not

going to be able to reach agreement on all of it,

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370 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 but I would like to reach agreement on as much as we can on this document. MR. SPAANSTRA: MR. STILLS: Okay.

Thank you. Correct me.

THE HEARING OFFICER: I'm going by memory.

This document is submitted as

confidential based upon the proposition it contains trade secrets for the design process? MR. SPAANSTRA: business information. Confidential

It's a document that the The

client spent millions of dollars to get.

competitors in the west who are looking at other mills are extremely interested in this document. That's the primary basis for our designation that it is confidential. THE HEARING OFFICER: Which is also

probably the same reason that CH2M HILL would assert its own argument for confidentiality. DR. GROSSMAN: Can I ask a question? Yes.

THE HEARING OFFICER: DR. GROSSMAN:

Mr. Spaanstra, you

talked about other entities other than Energy Fuels that might be interested in this document that are currently in competition with Energy Fuels; is that correct?

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371 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 MR. SPAANSTRA: Yeah, I'm just

thinking offhand of a new mill proposal in the southwest. DR. GROSSMAN: Do you have any idea

of how many other companies, other than Energy Fuels, are interested in uranium mining and milling in the southwest that would be in competition with Energy Fuels? MR. SPAANSTRA: Curtis would -- Frank is... MR. FILAS: Well, I think there are I think Frank or

several others, but our main competitor would be Strathmore. They have already -- I did get a

telephone call from Steve Tarlton at one point in time that they basically requested all of our documents that we submitted to CDPHE as part of the Freedom of Information Act for Colorado. Then they

ultimately decided they could download it all off of CDPHE's website, which I understand they did. So obviously that reduced their permitting cost because they could take documents that we had already done. Now, obviously, a 1.6-million-dollar process design might also be very interesting to them and give them a competitive advantage. They

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372 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 five. DR. GROSSMAN: MR. FILAS: MR. STILLS: question on that. Are you experienced with these kinds of applications in front of the Nuclear Regulatory Commission? MR. FILAS: I have worked with the Thanks. information. are permitting a -- working on a permit application with the NRC for a site in New Mexico and also one in Wyoming. DR. GROSSMAN: That's good

Would you say that besides this

company, are there like five other companies or ten or two? MR. FILAS: It's probably less than

Sure. And I have a follow-up

Nuclear Regulatory Commission in the past but mainly on closure. I'm moving into one for our new

project in Wyoming and have some familiarity with it, but I have never -- let's face it. The last

license application for a conventional mill that was approved with the NRC was back in the late '70s, and I was not involved in that. MR. STILLS: Are you familiar with

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373 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 any of the in-situ leach proposals that are going through the Nuclear Regulatory Commission? MR. FILAS: Not in detail. I'm

somewhat familiar with the generic EIS that was put together and I hear names back and forth in passing, but I have got enough work on my own desk that I don't get too involved in what others in the industry are doing. MR. STILLS: But it's correct that

this kind of document would be openly available in an NRC proceeding? MR. FILAS: Certainly. And if I

have access to Strathmore's documents -- for example, the environmental documents -- for permitting, I will download those and look through them and see what sort of comments NRC is making. That's just common sense. To me, though, it's a little different what's publicly available as far as environmental issues go that we go into quite a bit of detail in the permitting and what might be a process design and how much chemical reagent we had here or how much something costs or what your operating costs are going to be. Those are all company

confidential normally.

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374 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 proceed. we -MR. STILLS: I can take this up when MR. SPAANSTRA: little bit ambiguous. Your response was a

Travis asked you if this

sort of document, the CH2M HILL document, was commonly available in NRC proceedings. MR. FILAS: No. In fact, the NRC

typically does not ask for the same level of detail that CDPHE asks for. As I mentioned earlier,

that's why I was somewhat reluctant to give them our process flow diagrams as part of that. But we

felt, based on our informal questions to them, that they would require that level of detail, so we made the decision to do it. THE HEARING OFFICER: Okay. Can

we get to cross and deal with it in another setting. I don't think we are going to get it

resolved here unless -- so I'll deal with it at that time, so I'm willing to suspend cross and come back. THE HEARING OFFICER: step is to bring in the audience. (Off the record, 11:08 to 11:12 a.m.) THE HEARING OFFICER: Mr. Sandler, So the next

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375 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 MR. SANDLER: Thank you.

CROSS-EXAMINATION OF FRANK FILAS BY MR. SANDLER: Q A Q Good morning, Mr. Filas. Morning. I have got questions mostly relating to

wildlife issues for you this morning, and I will try to keep my thoughts organized. I may jump

around a little bit, so I apologize if that happens. But I'm going to start off just talking about the habitat improvement plan. A Q Okay. Now, you've spoken about this habitat

improvement plan, and it will be an area that's fenced off, correct? A Q Correct. And the inside of this fenced area is

going to be reserved for wildlife? A Q A Q Yes. And you said mostly for deer and elk? Correct. Now, it's fair to say that there are

other species that will be affected by your mill on this site?

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376 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Q what? MR. SANDLER: Lek, L-E-K. A Yeah, as I mentioned, there are a lot of

rabbits there, both cottontail and jackrabbits. Q vicinity. A The nearest sage grouse that we are aware Sure. And some sage grouse in the

of is eleven miles south. Q correct? A Correct. THE HEARING OFFICER: The nearest But that was the nearest sage grouse lek,

(By Mr. Sandler) Now, the sage grouse lek

is their dancing grounds; is that correct? A Q A I'm not a wildlife specialist. So do you know what a lek is? Not really. It's just where I know that

you have breeding colonies and where you would expect to find them. Q Okay. So if I told you that the lek was

actually the dancing grounds where they go to dance and breed, would that seem reasonable to you or you just -- you have no idea? A It seems reasonable. I would imagine you

probably have some water there that would support

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377 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 them. At least what's what I have been told.

Again, that's something that, you know, I read a report, but I don't necessarily pretend to understand all aspects of it. Q Sure. I'm going to move past this, but

I'm going to come back to sage grouse later on a bit, but fair to say this habitat improvement area won't benefit sage grouse? A It could. Basically, the Division of

Wildlife said that that's something that they may consider. It was my understanding -- that's why I You would probably have to

brought up water.

figure out how to provide some water because there's almost no surface water. There's a few

seeps in East Paradox Valley, but there is no perennial streams or even intermittent-type streams. Q Sure. Now, is it fair to say that some

species won't like the fencing, that that would interfere with their natural rhythm of life? A You know, the fencing is designed to

preclude livestock, but I would have to defer to wildlife biologists on that question. if it would exclude other species. Q Sure. And as you said, you are not a I don't know

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378 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 wildlife biologist. A Q Correct. Now, you have spoken about this habitat

improvement plan, but you don't actually have an area for this yet? A Q No, we have not acquired that. So throughout your analysis, you were not

able to analyze the effectiveness of this habitat improvement? A The intent was that the Division of

Wildlife would work cooperatively with it and they would be doing that assessment, and possibly we might have biologists assisting us to try to make that area as attractive as we could to wildlife. Q A Q So try to improve what's there? Exactly. So kind of create a habitat within this

fenced area? A Uh-huh. And I might add that, you know, This is what the

this was not our proposal.

Division of Wildlife suggested, and so we worked with them to develop it, the idea anyway. Q I just want to clarify. When you say

Division of Wildlife, are you talking about Colorado Parks and Wildlife?

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379 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 A It is now Parks and Wildlife. At that

time it was Colorado Division of Wildlife. Q But you plan on working with the new

organization, the new department? A Certainly. Obviously, I think they

combined two divisions into one, so basically I'm guessing that most of the same people are still there. Q Now, I'm just going to shift over to talk

about the tailings areas and the closure of those areas. A Q Okay. Now, you had talked about how the closure

was analyzed for a thousand-year period? A Q Correct. And that's the liners and such. The

thinking was about how they would hold up for a thousand-year period? A Q Uh-huh. Now, it's fair to say that the material

within those tailings closure areas, they are going to be radioactive longer than a thousand years, correct? A Q Correct. In fact, that material could have

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380 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 radioactive properties for up to half a million years. A Certainly. But I would also point out

that material is in the -- that same material and level of radioactivity is in the bluffs above us or in the mesas above us, because that's where those mines are. So this is, again, low level

radioactivity, not high level. Q Sure. But even at low levels, I mean,

you wouldn't want children going and playing in there, correct? A No, we would not put that sand in their

sandbox these days. Q Yeah. But there wasn't an analysis of,

you know, what would be done further than a thousand years out; is that correct? A We basically follow the government

regulations, and I believe they say that the site has to at least be stable for 200 years and preferably a thousand year. Q But you would agree with the nature of

what we're dealing with, that could seem short-sighted? If we have something that could

still have radioactive properties for half a million years, just to think about a thousand years

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381 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 could be short-sighted? A But, again, these radioactivity levels

are at natural levels that you can find in the environment around that site as well. Q A Sure. Yeah. In the mines you had pointed out. In fact, the salt-wash outcrops

above us and in many of the canyons and valleys in the western end of Colorado and eastern Utah, there are -- outcrops of the salt wash are very common. Q But once again, those mines and those

high radioactive areas wouldn't be areas that we would want kids to go and play in? A Q Certainly not. I'm going to shift over to some water

depletion issues, and it's correct that one of the reasons this is an issue is because we have some endangered Colorado river fish that depend on water from the Dolores. A Q Uh-huh. And the reason they depend on that is for One, they need the flow and, two, a

two reasons:

decreased flow leads to decreased water quality; is that correct? A Let's see. A decreased flow, yeah, I

would say so.

It would, if it is extreme low-flow

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382 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 conditions. Q A And -At the same time, you understand that if

you had very high-flow conditions, you typically have decreased water quality too. Q Sure, correct. Now, the Colorado Water Conservation Board had some concerns with this mill, correct? A They had concerns with water depletion

from our production wells. Q Sure. Specifically with the water

because that's their focus, right? A Q Uh-huh. So you came up with kind of a mitigation

or a plan to put some stream flow back into the Dolores. A Q Correct. And that's to replace water that will be

kind of sucked from this aquifer to run this mill, correct? A Let me point something out. There is a

little bit of a disagreement that we had with the Colorado Water Conservation Board that has an in-stream water right. That disagreement was we

maintained that the water that we would use for

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383 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 this mill would, under normal circumstances, follow the Chinle formation to near the Dolores River and then would cross through the salt anticline where it would be intercepted by the groundwater extraction wells that the Bureau of Reclamation has in place along the Dolores River. Those wells

extract 200,000 tons of very briny water a year and inject them three miles underground. We maintained that we would not be causing a depletion. However, the Colorado Water

Conservation Board basically says this is what the law says and we have an in-stream water right. Therefore, we want you to mitigate this situation as part of your water rights. And to be very

honest, we worked with them in order to mitigate it, and we do not have a problem with helping out on wildlife issues. Q Sure. And the water board has an

expertise on water issues? A Certainly water law. MS. LUCAS: Your Honor, I just want

to point out that we have -- I'm not going to object to the -- I'm objecting to the relevance of this line of questioning. to stop necessarily. I'm not going to ask you

I just want to point out that

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384 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 all of this is on the water rights question and not the radioactive materials license that's at issue here. THE HEARING OFFICER: Well, I think

there's -- the issue of surface-water quality and groundwater quality is adequately raised in the issues counsel gave me. We can argue about what I

do with it, but I will let it into evidence, so go ahead. MS. LUCAS: Yes, sir. The line of

questioning is also going to quantity and endangered fish -THE HEARING OFFICER: MR. SANDLER: this line of questioning. Q (By Mr. Sandler) But the board felt that Okay.

That's my point in

your use of water near wells would deplete water in the Dolores River, correct? A Q Correct. So that's why you have this agreement

with -- it's the Dolores Water Board, I believe, to take water from the McPhee Reservoir? A We do not have an agreement in place yet,

and that would be with the Dolores Water Conservancy District, I believe is the name of

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385 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 them. them. Q A Okay. And we have proposed an agreement with However, the Bureau of Reclamation has to

cosign that, and they have asked that we do an environmental assessment before they would agree to sign that. If for some reason we could not reach

agreement with the district, more likely than not we would find another way to acquire that water to honor our commitment. Q And when you say they want you to do an

EA, that's pursuant to NEPA? A Q A Q A Q A Q Correct. Have you started that process yet? No. Do you intend to start that process? Not in the immediate future. But it's something you are considering? Yes. Now, there is an agreement drafted up,

correct, to get water from McPhee and put it back into the Dolores? A agreement. Yes. And I'm casually aware of that

I have read through it at one time.

But I'm not the person that has a lot of knowledge

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386 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 about it. Q Okay. But surely this agreement is one

of the mitigation measures considered when talking about the fish species, correct? A It was not in the environmental report.

I don't recall if the State looked at that in the EIA or not. on. My guess is no, because it came later

So, again, we had agreed to -- if these wells

would have been on federal land, the typical mitigation would be to make a one-time contribution to the program that is in place to preserve those endangered fish. And we agreed, even though we

were not on federal land, that we would make a similar contribution for our production wells. Q And just to clarify, when you say

"federal land," that biological opinion that that fee is coming from goes specifically with BLM land, correct? A I don't know what the biological

opinion -- you know, the legal aspects of it, to be very honest with you. Q Now, I just want to touch on -- you have

testified that there is this draft agreement with Dolores Water Conservation District, correct? A Correct.

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387 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Q ahead. MR. SANDLER: Thank you. Q And that has been signed by Stephen

Antony, the president and CEO of Energy Fuels, correct? A Q A Yes. I don't know if he signed it --

Would it help to take a look at that? Certainly. MR. SANDLER: Your Honor, would you

like me to ask to approach or may I -THE HEARING OFFICER: No, just go

(By Mr. Sandler) I'm handing you the

lease agreement. A guessing. Q A Q Well, it's signed by Mr. Antony. But it's not signed by the district. Sure. So it's not necessarily a draft Probably a draft lease agreement, I'm

but just not a complete and signed document. A And as you notice here, as I mentioned,

it has to also be cosigned by the Bureau of Reclamation, and neither of those have happened, as far as I know. Q Sure. MS. LUCAS: May I see that, please?

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388 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Q MR. SANDLER: MS. LUCAS: Yes. Thank you.

(By Mr. Sandler) And since this isn't in

effect yet, I just want to touch on one aspect of this and just ask you about it. Now, within this agreement -- and from what you are saying, you don't have a lot of familiarity but you have read through it, correct? A I read through it once a long time ago.

It's not something that I have seen lately, though. Q But there is an area that deals with

water shortages? A Q I will take your word for it. And in that area, it says: If there

should ever be a shortage of municipal and industrial water, lessee's utilization of lessee's water shall be reduced in the proportion that the amount of such shortage as determined by the district bears the total amount of municipal and industrial water allocated by the district. And I can show you that if you want to read that, but... A No. It sounds reasonable. They would

put protection measures in there in case they cannot supply all of the water that's required in

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389 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Q questions. MR. SANDLER: Thank you. the agreement. Q So that aspect of the agreement right

there is talking about a situation where there is probably severe drought, correct? A Q of water. A Obviously, I don't know what would cause Could be, yes. Or a time where they just have a shortage

them to have a shortage other than a drought, but I could imagine there would be other things. Q Possibly. I mean... Your Honor, I'm going to

MS. LUCAS:

object again to this line of questioning. Mr. Filas has said that he has passing familiarity with this contract or this draft contract. we are getting outside the relevance of the radioactive materials license. MR. SANDLER: Sure. And this just I have two more I think

deals with the endangered species.

questions and I'll be done with this. THE HEARING OFFICER: Ask your

(By Mr. Sandler) So you would agree that

in a time of drought when these endangered Colorado

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390 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 River fish need the water the most, pursuant to this agreement, you may not have the water to put in there, correct? A That could be a possibility. I also

would point out, though, that our depletion, as measured, is a very, very small amount. I don't

remember if it was .01 percent or .001 percent of the average flows, but it was a very small amount. So what we are trying to do is put in measures that would take care of our depletion, which is very small. fish? Would it have a material effect on the Probably not; not that could be measured, in

my opinion. Q Sure. But as you said, you are not a

wildlife biologist, so you don't know if, in a drought condition, your taking could have a significant effect on these fish? A Q Correct. Moving on, I want to talk a little bit You are familiar with

about the NEPA process. that, correct? A Q Yes.

And you have worked on projects that were

NEPA compliant? A I have worked with both the BLM and the

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391 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 U.S. Forest Service on NEPA documents. Q Now, when the Nuclear Regulatory

Commission licenses a mill -- and I understand this hasn't been done in a lot of years, but when they did that in the late '70s, they had to comply with NEPA, correct? A They had to comply. I would say, you

know, having been involved a little bit at that time, it was relatively new to them, and so it was a little different situation than maybe what it is right now. I know they have improved tremendously

and have guidance and quite a bit of NEPA-type guidelines that they've set up, I guess is -Q Sure. But as you just said, they do

comply with NEPA. A Q Correct. Now, is anything required by NEPA that

you haven't done here in your application? A I don't know. I tried to cover But to be very

everything that would be required.

honest with you, I'm not sure on that. Q And you are familiar with the difference

between an environmental assessment and an environmental impact statement? A Correct.

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392 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 time. Q Now, you would agree that a project of

this size and this magnitude would normally require an environmental impact statement? A It would with the NRC at this point in They would require an environmental impact

statement. Q And that's because there would be

significant effects on the environment? A Again, I'm not a NEPA expert, so I'm not

going to say whether they would be significant or not. It's my understanding that the way some

agencies interpret it, if you mitigate an effect, then it's not significant, but it varies from agency to agency. Q Sure. Now, I want to talk about the You analyzed a no

alternatives you analyzed.

action alternative and a proposed action, correct? A Q Correct. So you didn't analyze an alternative

based on a lower amount of tons per day; let's say 400 tons per day. A Q You didn't analyze that.

No, we did not. In fact, you didn't even consider an

alternative that would have processed less ore per day, did you?

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393 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 A Q No. Now, you also did analyze an alternative

that would process 1,000 tons per day, correct? A Q Correct. And even though you know that this mill

would be set up to process 1,000 tons per day in the future, correct? A We set it up so we could expand it in the

future if the economics warrant it, and any prudent person would do that. Q Sure. And certainly it's Energy Fuels'

hope that economic conditions would warrant that type of expansion, correct? A Q Correct. Because it would be doubly profitable at

1,000 tons per day versus 500 tons per day. A Not doubly, but it would be more As

profitable if the price was at the right spot.

far as how much you make is dependent on a lot of factors coming in, including the price of the commodity. Q Sure. Now, 1,000 tons per day would

require more water, correct? A Q Yes. It would require more transportation,

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394 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 correct? A Q A Q documents? A Q No. Now, I want to talk about cumulative Now, you have a whole Correct. It would require more workers, correct? Yes. But none of that was analyzed in these

impacts for a little bit.

section in your environmental report dealing with cumulative impacts, correct? A Q A Yes. Now, that section is 10 pages long? Yeah, it wasn't very long. I don't

recall how long it was. Q Fairly short section. Now, in that cumulative impacts section, you don't analyze any impacts to wildlife? A You know, I don't know that -- again,

that section, it's been a few years since I reviewed it, so I'm not up to speed on it at this point in time. Q A Would it help to take a look at it or... I would probably have to read the entire

section and I have not for several years, to be

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395 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 honest with you. Q So you haven't looked at the cumulative

impacts in several years? A Q That's correct. Now, the cumulative impacts didn't

consider the impacts at the mines that would feed this mill, correct? A Q I think it may have, but I'm not sure. Now, the cumulative impacts did not

consider some past actions in the vicinity of this site, and specifically -- you are familiar with this site, correct? A Q A Q Yes. Now, there is waste rock pilings. That's an overburden pile. And that's pretty much right next to this

site, correct? A Yeah, it's between us and the open pit

where this material was excavated. Q And that's not a natural landscape

feature, correct? A Q No, it is not. And the cumulative effects of that past

action and the mill was not analyzed, was it? A I don't think it was, no.

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396 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Q And the cumulative impacts section

doesn't look at impacts to sage grouse? A Q I can't recall. And does it analyze the effects of mining

in the area on the Gunnison sage grouse? A Q I don't recall whether it did or not. Just to be clear, when I say sage grouse,

I'm referring to Gunnison sage grouse because that's the species we are dealing with here. A Q That's correct. And the cumulative impact didn't analyze

the effects of that mining on the endangered Colorado River fish; is that correct? A Q Again, I can't recall. And the cumulative impact did not

consider the effects of future mining that will be required to feed this mill? A Again, you know, I can't really recall on

that, but understand that it doesn't take very many of these small underground mines to feed one of these mills. And I know that in our license

application, we did look at transportation to the mill from both existing and future mines that could be permitted that -- so I know that transportation was certainly looked at within the environmental

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397 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Q report using that information that was provided in one of the attachments to the license application. Q Sure. But that transportation would be

different than the actual mining activity? A Certainly. You basically -- a mine site,

on average, is about -- I think what we said in there is about 20 acres in size, and you may have half a dozen of these sites spread over -- or up to nine, maybe -- over a four-county area. Q And am I correct that some of this mining

will be done in abandoned mines? A abandoned. Q No. If a mine is abandoned, it's

I guess I don't follow your question. Well, there could be some mines where

it's already dug in, but they didn't extract all of the ore that could be in there. A mines. Q Sure. Existing mines that aren't being Oh, so we are talking about existing

mined currently. A Q A Correct. Sorry if my terminology is wrong. No, I understand. Yes, certainly. And you would agree that some of these

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398 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 yes. Q And if these mines are re-mined, it will non-mined mines, I guess to say, are homes to bats at this point? A Some of them could have bats in them,

affect those bat species? A It could to a certain extent. Typically,

we do mitigate any impacts to bats when we reopen a mine. Basically, we reopen it when it's not You know, basically we let the

hibernation time.

biologists advise us, and then we keep them out of there after that point in time. So we're aware of

the bats and we do our best to take care of them. However, let's face it. They wouldn't

have had that habitat in the first place if our predecessors wouldn't have mined it, so... Q Sure. But they will be affected if the

mine is started up again. A Q To some extent they could be affected. And your cumulative impact section did

not analyze that effect, correct? A Q I don't believe it did. Now, your cumulative effects analysis

only considers an area -- it's kind of an oval about 30 miles around the mine; is that correct?

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399 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 apologize. Q (By Mr. Sandler) Now, if I may, and this A You know, typically you do it for -I don't know

various media you analyze separately.

if they decided that -- you know, again, it has been a long time since I read that section of the ER. So I will have to take your word for it, if

it's 30 miles if that's what they did, or was that just socioeconomics or was -MS. LUCAS: for clarification? Your Honor, may I ask

Mr. Sandler asked about a

30-mile impact around the mine? MR. SANDLER: Around the mill. I

may help, but what I'm showing you is a map with kind of an oval around it that's labeled cumulative impact area, and there's a scale at the bottom which I used to roughly estimate the distance. A Q Okay. So you would agree that by looking at

that map and the scale, it appears that it's about a 30-mile cumulative impact area that was analyzed? A It looks maybe a little larger than that.

I will point out that it extends into Mesa County and Montrose County, San Miguel County, and Dolores County on the Colorado side, and it covers the San

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400 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Juan County part of that on the Utah side and also part of Grand County. And it looks like it covers

about the extent of where our underground mines would be that would feed that mill. Q And if you could just tell me the page

number for the record. A Q 6-4. It's the ER, Page 6.4, that we were just

looking at. Now, you would agree that trucks will be bringing the final uranium and vanadium much farther than this 30-mile area? A Yes, and probably in the neighborhood of

one trailer truck every one to two months. Q Sure. Now, if there was an accident with

one of those trucks, that would impact an area outside of this cumulative impacts area, correct? A Q Yes. And if there was some sort of an accident

at the mill -- a fire, an explosion -- that could impact areas outside of this 30-mile cumulative impacts area, correct? A Q I would consider it highly unlikely. But it could. Even if it is unlikely, in

a windy event --

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401 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 the mill. A Q Yes, they could be. And the effects on those birds could be A witness. MR. SANDLER: Okay. change it. to add? MR. TARLTON: Well, I thought he MR. SANDLER: Do you have something

answered your question, and now you're trying to change his answer. MR. SANDLER: I'm not trying to

I'm just trying to figure out -THE HEARING OFFICER: Talk to the

I can't imagine how it could extend

beyond that, you know, based on what I know, but I mean, that's my opinion. Q (By Mr. Sandler) Okay. Thank you.

Now, migratory birds could be affected by

felt outside of this 30-mile area, correct? A I suppose if they were affected and flew

outside of the area, yes, that could occur. However, as you well know, we have mitigation measures in there. Q Sure. We will talk about that later. We

will have the chance to talk about that.

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402 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 you have? MR. SANDLER: halfway through. THE HEARING OFFICER: Why don't you I would say I'm maybe A Q Okay. Do you know how this approximately

30-mile cumulative impacts area was decided? A I don't recall. At the time, I did. But

I don't recall as far as -- Edge made that determination and explained it to me, but I don't recall the details on it. Q Sure. MR. SANDLER: Judge, I don't know I could

what time we are going to stop for lunch. keep going or I could -THE HEARING OFFICER:

How much do

go on another 15 minutes or so, if that works for everybody. Q (By Mr. Sandler) Now, your hope is to

keep wildlife out of the mill site, correct? A Q To the extent we can, yes. But you would agree that some wildlife

will enter the site. A Q Correct. And specifically birds are one of the

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403 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 species that you analyzed, correct? A Q Yes. Now, you would agree that -- would you

agree that prairie dogs that live around the site could burrow under the fence? A I would consider that unlikely since we

have agreed to put in subsurface fine-mesh fencing to prevent that from happening. Q Sure. And that subsurface fencing would

go down two feet deep, correct? A It was two to three feet. I can't

remember exactly. all I know. Q

It might have been 30 inches for

But if prairie dogs can burrow six feet

deep, then that potentially could create a situation where prairie dogs could burrow under that fence and end up inside the site? A Yes. But as you're probably aware, our

facility operating plan calls for inspections on every shift, and if that situation was discovered, it would be rectified. Q Sure. But potentially prairie dogs could

enter the site, experience some sort of contamination, and then exit this site and not be detected?

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404 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 A unlikely. Q A But that possibility was not analyzed? We put in mitigation measures to make In other words, It could happen, but it would be very

that situation highly unlikely.

originally our fence did not have a subsurface component. Our consulting biologist strongly

recommended that we put it in, so we did. Q A Q And who was that consulting biologist? That was Dr. Archie Reeve. And you are aware that there are prairie

dog colonies around the site? A I'm not aware of any of them being active I believe there were

at this point in time.

burrows on adjoining land, but I can't recall if there was an active colony in our immediate vicinity. Q Now, you had testified yesterday that

there may have been some sage grouse -- or sagebrush control measures taken within the site at some point. A Yeah, it would have been long ago, but it

appeared to us that it may have been chained at one time. Q Now, I just want to talk about just the

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405 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 methodology for dealing with species that could be present. Through your consultants and the reports

you put together, you analyzed the different habitat types within the parcel, correct? A Q Correct. And I'm looking at Page 4 and it appears So you

to be a Kleinfelder 2009 Wildlife Survey. are familiar with that document? A

Are you referring to the ER or are you

referring to the -Q A This was part of the application. Okay. So we are looking at -- let me We are looking at -- is it a

just reference here.

vegetation or wildlife survey? Q A It is a wildlife survey. So, yes, that was in Volume 3 of the

license application. Q Correct. So Page 4 talks about the

habitat ecotones, and it says that on the site, you have pinyon-juniper habitat along the bluffs in the southwest portion of the site joining a narrow strip of big sage habitat, and native grassland habitat abuts both the big sage habitats throughout the central portion of the site, extending centrally from the northwest corner of the site to

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406 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 the southwest portion of the site. Another big

sage habitat occupies the northeast half of this site. A yesterday. Q But that doesn't mention this Right. That was the figure that I put up

potentially -- or this area that a rancher had affected through sagebrush control, does it? A No. It just mentioned that these were However, when

native grasses that were there.

we -- when Edge did their environmental report, that was a specific question that they asked, is whether it had been chained at one time. And I

think that question went to the rancher, and we didn't get a definite yes, but we got the impression it probably had been done at one time, maybe before he had the property. Q Well, when talking about the habitat

ecotones, that sagebrush management wasn't mentioned, correct? A Not in that report. It may have been

mentioned in the environmental report, but I can't recall. Q Now, you would agree that if that

sagebrush was managed, that would result in

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407 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Q if you would. MR. SANDLER: R-E-E-V-E. different species using that area? A By managed, you mean that the sagebrush

would be allowed to gradually encroach on that grassland area? Q Sure. Or maybe you should clarify. In your description of the

habitat, it says natural grasslands. A Q A are there. Q Now, I'm going to draw your attention -Does it say natural or native? I believe -- it says native grasslands. And I think those are native grasses that

I'm going to put this on the projector, just so we can be clear here. It's an e-mail dated July 7

between Frank Filas and Archie Reeve. THE HEARING OFFICER: Spell Reeve,

(By Mr. Sandler) Now, this is an e-mail

between yourself and -- this was provided to us through the discovery request, and it appears to be from Archie Reeve, who we had discussed was the doctorate in wildlife biology, and yourself. guess it is kind of hard to read up there. DR. GROSSMAN: this up for us old guys? Yeah, could you blow And I

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408 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Q MR. SANDLER: Yeah, let me see.

(By Mr. Sandler) I can read the section Now, it's the second

that I'm referring to here.

paragraph up here where Archie Reeve is saying: Another unrelated question. From what I saw

on-site, the grasslands appear to be the result of past sagebrush control efforts rather than native grasslands that seem to be described by Kleinfelder in their vegetation report. Could you please ask

the former landowner about past sagebrush control on that parcel. If control was carried out, when,

how often, and by what procedures would be valuable information. If the grasslands are the result of

sagebrush control, different species might be expected compared to species inhabiting native grasslands. So does that seem to be an accurate reflection of what Mr. Reeve had informed you about? A Yes. And, again, as I said, we did

inquire with the landowner and he did indicate that it probably had been chained in the past; and, of course, Edge took that into account. In fact, in

many of the areas where Kleinfelder had done work, basically Dr. Reeve went through and in his

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409 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 environmental report, he made changes that were somewhat different than what Kleinfelder had. But

I think overall, he was in agreement with what they had. But as with any two professionals in a

discipline, there will be areas where they disagree. Q I guess my confusion -- in the

environmental report, we still have the same description of environment. Nothing describing

this sagebrush control and the species that might be present because of that; is that correct? A I couldn't say for sure on that. I mean,

I definitely reviewed what they had at one point in time, but I'm not an expert in that area. Q But you would agree that if the

environmental report didn't consider the species that Archie is telling you about, then there could be species that would be there that were not considered in the environmental report? A surveys. No. Because, again, they did the field

They did four field surveys out there

during different times of the season, and whatever species was there was identified, whether it be vegetation or wildlife. Q Sure. But if it was a migratory bird

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410 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 this: that came and used that managed sagebrush area, that might not have been picked up on the four times that they were out there throughout the year. Would you agree with that? A I guess there's a possibility, but

remember now that there is quite a bit of sagebrush already on-site. So we do have sagebrush habitat,

and we would be looking at those species as well as grassland species. Q Sure. But based on that e-mail from

Archie, the native grassland species would be different than species that used an area that was managed sagebrush turned into a grassland-type area. A I guess that's a possibility. But,

again, remember those field surveys were done out there in all four seasons, and the species that were present were recorded. Q And I guess just my last question on Would you agree that it is important in

these reports to have the habitat type reflect what's on the ground on the site? A Definitely the habitat should reflect

what the field surveys identified, yes. Q And what the wildlife biologists have

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411 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 told you. A Again, we relayed back to Dr. Reeve what

we had been told, that it probably had been historically chained, and he took that into consideration, I'm sure, in his environmental report and assessment of it. And typically he was

good about pointing out where he had differences between him and the Kleinfelder report. Again, you

will have those differences of opinion when you have professional -- you know, professionals don't always agree on everything. Q Sure. So it sounds like the species that

would use this managed sagebrush grassland will be in the environmental report. A Q A I believe they would be. And they should be. Certainly. THE HEARING OFFICER: I want to

express an understanding and just have you folks correct. My understanding of the sagebrush control

exercise we are talking about here is you take two bulldozers and put a chain between them and drag it across the ground and pull up the sagebrush or the juniper or whatever happens to be there. MR. FILAS: Correct.

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412 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 one. THE HEARING OFFICER: misunderstood, tell me. MR. SANDLER: I think that could be If I

I think there potentially could be other Burning could be one. But the

sagebrush control measures.

THE HEARING OFFICER:

witness said chained, and that's my understanding of how one chains sagebrush. I'm just telling you

I'm applying a definition, and if you think it's something different, somebody better bring it up. MR. SANDLER: MR. FILAS: I can buy that. And we know this is a

common practice by the ranchers to provide more forage for the cattle that graze there. winter grazing area. Q (By Mr. Sandler) And I guess my point is It's a

just that different species would use that area versus a native grassland. A And I think that's maybe a question

better left for Dr. Reeve rather than for me. Again, he's the one that wrote that section of the report and would know quite a bit more about it. Q Sure. But based on his e-mail to you, it

seems like that's his opinion. A That was the opinion he expressed at that

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413 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 take an hour. (Lunch recess, 12:02 to 1:05 p.m.) THE HEARING OFFICER: To complete time. Again, we provided him with additional

information on it and he took that into consideration, I'm sure, when he wrote that section of the report. Q And what you provided him was that his

assumption was correct, that this was managed sagebrush -A Q We thought it was probable, yes. But the rancher actually did inform you

of that as well? A The rancher would not have been the one He expressed he thought it

that chained it.

probably had been chained. MR. SANDLER: good time to break. THE HEARING OFFICER: Fine. Do we Judge, this might be a

have in-camera discussions required before or after the noon hour? I don't think so. MR. STILLS: MS. LUCAS: I don't believe so. I don't think so. Okay. Let's

THE HEARING OFFICER:

one of my assignments, I have now reviewed all of

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414 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 inclusive. MR. STILLS: May I make one inquiry, the documents, both the documents themselves claimed as privileged and the underlying e-mail or the overlying e-mail. MR. STILLS: realize we had started. THE HEARING OFFICER: Okay. I have I'm sorry. I didn't

been through the privilege log and I have been through the associated e-mails, so there were two separate databases, so to speak, given me. One was

the e-mail; the second was the attachment to the e-mail. Having reviewed each of the documents in the privilege log, I'm going to require that Energy Fuels deliver to the other parties No. 5 -Privileged Item No. 5, Privileged Item No. 12, although I would note that the privilege after discussion was waived as to that more so than my ruling on it, Privileged Item No. 17, No. 102, and No. 106. I will make a record of all this, but

that's the ruling. MR. STILLS: Does that include the

ones from yesterday or are -THE HEARING OFFICER: That's

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415 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 that. MS. LUCAS: I don't believe so. I don't and I know it comes back to the argument. THE HEARING OFFICER: MR. STILLS: Sure.

Frank Filas has been

put forward as an expert, and many of those documents involve Mr. Filas in preparation of things to which he has given testimony. I would

like to at least maintain the objection that those -- a privilege to those should not attach at all under -- unless under the most extraordinary circumstances. For the record, if Your Honor would like to consider that, but I believe I have made that argument -MS. LUCAS: For the record, in

response, Your Honor, Frank Filas has always been an employee of Energy Fuels and, therefore, retains employee status in terms of attorney-client privilege -- or client status. THE HEARING OFFICER: is work product privilege. The claim here

I don't think there's a

work product privilege with Mr. Filas' name on it. MR. STILLS: I couldn't speak to

THE HEARING OFFICER:

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416 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 believe there is, so they are all attorney-client. They are Mr. Filas communicating with one of his counsel, Here's a marked-up draft of X, Y, or Z, I'm going to find that's privileged. I appreciate

your point, but I'm going to find it remains privileged. MR. STILLS: Thank you, Your Honor. And I think With

THE HEARING OFFICER:

that takes care of that in-camera review.

that ruling, we are back to cross-examination of Mr. Filas. I'm sure he's looking forward to it. While he's walking up here, by way of an announcement, for anybody in the room who wants to make an oral public comment, there is a sign-up sheet back by the door. sheet. Six people can go on each

I need the spelling of your name and the

little bit of information it asks for to enable me to maintain a record of who showed up here and who participated. yesterday. I heard from six or seven people

I heard from three or four people when

we were here on the 15th. I have written comments at this point probably pushing 60, 70. I have to do some work

tonight to get these in an electronic format to get them out to counsel, and I haven't done that

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417 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 me. pond. Q Evaporation pond. Thanks for correcting assignment as yet, although I think I now know how. If I have written comments from you, don't feel you have to repeat those. I have already them. So the

sign-up sheets are over there if anybody wants to be on that list for 4:00 this afternoon. Welcome back, Mr. Filas. under oath. MR. FILAS: Thank you. You are still

CROSS-EXAMINATION OF FRANK FILAS CONTINUED BY MR. SANDLER: Q Good afternoon, Mr. Filas. I want to

switch over to talking about the bird netting that's going to be over the tailings ponds. A Q A Q A Okay. Now, how big are these tailings ponds? They're about four acres each. And how many will there be? Ten initially. If we expand in the

future, there could be another ten. Q correct? A Correct -- not tailing. Evaporation So you said four acres per tailing pond,

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418 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 And there will be ten of those, so we are talking about 40 acres? A Q Total. So we are going to have netting over the

40 acres, correct? A Well, there will be individual netting

systems over each of the four-acre ponds. Q Now, it's true that birds and bats will

get caught in this netting? A Well, based on what the Colorado Division

of Wildlife said, we reduced the size of the netting substantially. I think it may have been

originally two inches and now it's three-quarters of an inch. So only the very smallest of birds

could get trapped in the netting at this point in time with that design change. Q And just to be clear, my understanding

was their concern was that the two-inch netting, some small birds could still fly through that? A Q Correct. And now some birds still could, but it's

going to be harder with the smaller netting. A Q It will be less likely. But it's still of concern that birds

could get stuck --

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419 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 A Q Yes. -- not inside, but get stuck in the

actual netting. A Q It could happen. And is that something that you analyzed

in the report? A We did not analyze it. I mean, I'm sure

it was mentioned, but I don't know that it was analyzed, other than the fact that I know our biologist said to reduce the size. We didn't do it

in the application, but we did it in response to comments based on the Division of Wildlife's concern. Q A So this was done after the fact. It was done during the application

process, the response to comments period. Q But there was never any analysis of how

this change would affect -A No, because the environmental report went

in with the application, and I know that Archie had concerns about it. And I suggested to Archie that

we just wait and see how the review process went, and if that was something that the regulatory authorities agreed upon, we would make the change and we did.

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420 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Q Sure. Now, it's true you never

supplement your environmental report when things change? A Q That is correct. So what's in the environmental report and

the application is, I guess, fairly stale information? A Well, not necessarily. There were some

changes made, and understand that the State was still going to do their EIA process, so they were going to do their environmental impact assessment. We were required to submit an environmental report with our license application that would give them a good idea of what that site looked like and what the impacts would be, but they ultimately would make that decision, not us. Q Sure. So as far as you know, the change

of the netting size, then, was analyzed in the State's EIA. A Q A I don't know whether it was or not. But conceivably it should have been? You know, I don't know. I really don't

know how -- again, you have to understand that every agency -- and if you are talking NEPA, of course, you are talking a federal agency. Each

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421 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 agency does things a little different. For

example, at our Sheep Mountain Project, we are doing two EISs because the BLM and the Nuclear Regulatory Commission can't agree on what's important. Q A Sure. So in my mind, what the State analyzed

was important to them, and whether it was in there, to be honest with you -- and I'm sorry, Steve -but I have never read the whole EIA, so I can't really speak to it. Q Sure. Now, just to clarify, that Sheep

Mountain Project, is that a mill? A Yes, that would be a heap leach with a

mill and an open-pit mine and an underground mine as well. Q It's a large project in Wyoming. Sure. And as you said, you were working

on two EISs for that? A Correct. It's a bigger project than

Pinon Ridge, put it that way. Q concerns? A Q Yes. Now, there's a possibility of insects, Sure. I would imagine some of the same

I'm sure, going through the netting.

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422 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 A Q A Yes. Is that something that was considered? You know, I don't recall whether that was

in our environmental report or not. Q I guess conceivably insects could go

through and leave and get eaten by birds or bats or other wildlife. A Q I suppose so. And then that could create kind of a

bioaccumulation effect potentially. A I would have to take your word for it.

I'm not a biologist. Q Nor am I. But I'm just thinking about

the effectiveness of this netting and whether it's really going to keep the contamination out of the food chain. A Q Yeah. I don't know.

Now, you spoke -- and I know your report

talks about spills from transportation accidents. A Yes. I believe that was evaluated in our

risk assessment. Q Now, do you know about the methodology

that went into figuring out kind of the probabilities of that type of transportation accident?

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423 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 A I'm generally aware of it. You know,

basically, it's based on how many miles of -- based on statistics, how many miles a truck will drive or a certain type of truck will drive and what the incidence of accidents might be, and then that's multiplied by other factors. But, you know, to be

honest with you, I'm not an expert in that area. Q Sure. Your document concluded that there

could be this type of accident once every 250,000 years. A Q Does that sound correct? What type of accident would that be? It would be a transportation accident

dealing with uranium. A Would it be ore or would it be

yellowcake? Q I believe it's ore. That's Section 4, And this is a

Page 48 of the environmental report.

section dealing with endangered Colorado river fish, because this was a concern. As these trucks

were driving near the waterways, if there was an accident, water would be contaminated and that would affect the endangered river fish. So the frequency of a rollover and crash of a truck carrying yellowcake is estimated to be once every 250,000 -- you know, they talk about a

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424 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 rollover crash of an ore truck once every 12,000 years. A So although -And I'm sure that's also predicated on it

happening at a river where it would actually go into the river. Q A That is correct. Obviously, accidents could happen more

often than once every 10,000 years or whatever you said. Q And thank you for clarifying. So these

are the probabilities that one of these trucks would spill and contaminate the river. Now, you would agree that when we say once in 250,000 years, that once could be tomorrow -A Q Yes. Or not tomorrow since you haven't opened

the mill, but -A Q Right. It could be the first day that the mill

ships a truck out. A Q Yes, it could occur. And you talked about your emergency

response yesterday. A Uh-huh.

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425 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 like that. A Q And it seemed that the emergency response

dealing with this sort of spill was just a number of phone calls and getting, you know, the people there but didn't really talk about what would be done, you know, when this yellowcake is in the water and the water is flowing, conceivably at a high water time of the year. Is that something that was considered? Yes, it was, and I remember being the one I don't know if it was in the

considering it.

emergency response plan or if it was in some other area of the application. I do know how we would handle a situation I mean, basically, you do your best to

prevent any more of the material going into the river and you have measures in place to recover what you can. And I think we said that we would

try to recover some from the river, assuming they were still in drums or something like that where you could recover them. Understand you are looking at something that, from a radioactive point of view, is very low-level radioactivity, so what you are really concerned about is the metals in the water. If the

river is flowing pretty fast, those metals would

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426 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 probably be dispersed pretty quickly. This is not

like -- again, this is not like something like you might have an oil tanker go into a river, after which you might have some serious fish kill. would be unlikely that that would happen here. And to be honest with you, you know, say a transport truck has 43 barrels of yellowcake on it. Those barrels weigh about 900 pounds apiece, Right now they are going at It

to give you an idea.

$40 a pound, but typically it's more than that. Those are pretty expensive shipments. So it's not

something that -- we've definitely got the best-trained drivers in the world driving these, just like you would -- the same type of drivers you would use, for example, for any type of hazardous materials that's being transported. Q Sure. But we can agree that accidents

still happen. A Q Yes, they do. And if it did happen and that water was

contaminated, even at low levels of radiation, it could affect these river fish? A I think the effect would be negligible,

but, again, I'm not a biologist. Q Let's talk about some of the species that

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427 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 done. A Q were mentioned throughout the environmental report. I want to talk about the Colorado hookless cactus. Are you familiar with this species? No, I'm not. It is listed as an endangered species,

and I can show you the report, but Section 4-49 talks about intensive survey of potential Colorado hookless cactus habitat present on the site was performed on August 24, 2009 but no hookless cactus was found. Does that sound correct or would you like to see that page just to refresh your memory? A No, but if they said it was done, it was I believe they hired a firm out of Grand

Junction, Colorado to catch any areas that they thought needed further research on. And so I know

there was a field survey done after the four Kleinfelder field surveys to verify things that they were concerned about, that Edge was concerned about. Q Sure. But it sounds like from this

Section 4, Page 49, that this intensive survey was performed August 24, 2009. expert on these cactus. As like you, I'm not an

But I did do a little

poking around, and I just want to show you a couple

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428 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 exhibits. exhibits? MR. SANDLER: This is not one of my of documents here. MR. SANDLER: What I'm going to show

him is something prepared by the U.S. Fish and Wildlife Service, a Recovery Outline for the Colorado hookless cactus. MS. LUCAS: Is this one of your

This is something new that I've gotten.

I would like to ask Mr. Filas about it and introduce it into the record. MS. LUCAS: Do you have a website I

can go to to look at or anything like that or -MR. SANDLER: You know, these were

just provided to me this morning through an e-mail, so I don't have a website. one. I may be able to find

It may be on U.S. Fish and Wildlife Service's

endangered species, if you go to sclerocactus glaucus or Colorado hookless cactus. THE HEARING OFFICER: You just used

a whole string of words that the reporter didn't get and I didn't get. MR. SANDLER: need the scientific name. THE HEARING OFFICER: If you want it I don't know if we

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429 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 the record. MS. LUCAS: I would just like, for in the record, you better spell it out. MR. SANDLER: I don't need that in

the record, to object that we have this new evidence coming in and then, at the same time, recognize that we have been fairly loose with the rules so far, so I'll sit back down now. THE HEARING OFFICER: will take the responsibility. Q document. A Q And it's dated April 2010. Yes. Now, going to Page 5 of this (By Mr. Sandler) And this is a government For which I

document, this second paragraph -- first full paragraph talks about Colorado hookless cactus individuals are extremely difficult to locate in the field. flowering. Surveys are most effective during Most surveys have been associated with

ground disturbing -So based on what Fish and Wildlife Services say, surveys should be conducted when these flowers -- or when the cactus is flowering. But in your -- and based on your environmental report, Section 3, Page 98, your biologists have

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430 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 disclosed that these cactus do flower in April and May. So it seems, based on the information in the

environmental report, that the intensive survey for this cactus was done at the wrong time. A Well, again, it's a recommendation.

Biologists that we employ are very good at what they do. I can't speak to the Pinon Ridge or this

specific survey, because basically Dr. Reeve was the one that asked that it be done, and it was done for him, I believe, by WestWater Engineering out of Grand Junction, who is very familiar with the species in the area. But having worked on other sites, you know, sometimes you just cannot catch them at the perfect time, so then the biologists have to take a little bit more time in their surveys to properly identify different species. And a lot of times if

they have questions, they take a small sample and bring it back with them and research it more in the books. That's about all I know in my job capacity.

Again, I am not a biologist, but I'm confident that they could recognize a species if they get a detailed enough survey, even if it was not flowering. Q If I could just stop you there for a

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431 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 cactus species. Q moment. The next document that I want to put in

the record -- and this is... MS. LUCAS: For the record, same

objection as the last document. THE HEARING OFFICER: Noted.

(By Mr. Sandler) So this talks about the

flowers in April and May, and if you can -- I guess it's kind of hard to see there, but I will read it. And it says: flowering. Plants are usually only visible when

After blooming, the cactus may shrink

below the ground or become a dull grayish-green color. MR. SANDLER: And this is a document

from the Colorado National Heritage Program, and this also I will provide to you and would like to admit into the record. THE HEARING OFFICER: different cactus? MR. SANDLER: No, it's the same Is this a

This was -- at one point, this

species was split into three different species: The Uinta Basin hookless cactus, the Colorado hookless cactus, and the Pariette cactus. This is

information about -- they are all so similar that they believe it all to be one cactus because they

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432 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 all exhibit the same properties; it's just they live in different regions. So this is a document

from CNHP prior to when they split; and at that point, it was all called the Uinta Basin hookless cactus. Q (By Mr. Sandler) But based on this

information, you would agree that a survey in August would make it really difficult if these cactus actually could shrink into the ground? A Again, I'm not a biologist, so I can't I will point out,

really answer your question.

though, that, again, Kleinfelder did four vegetation surveys out there. And I suspect that

one of them was done during the April/May time frame. And if their biologists didn't note it

during the flowering period, then maybe that cactus indeed is not there on-site. Q And it may be or may not be there. And

I'm just basing this off of Section 4, Page 49, where you talk about the species and say an intensive survey was conducted on August 24, 2009. A Dr. Reeve. Q But is it fair to say that based on the Again, that's a question better asked of

information that I'm finding in the environmental

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433 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 A report and information from these governmental agencies, fair to say that you may have missed the cactus if you looked in August? A You know, I'm not going to draw I'm not a biologist and neither are

conclusions. you.

I think these discussions are better left up

to the biologists. Q Sure. But just to be clear, biologists

did put together this section of the environmental report? A Q Correct. Now, moving on, I want to talk about

Gunnison prairie dogs very briefly, and your environmental report says that only Gunnison prairie dogs that inhabit the Montane habitats have been identified as candidate species for listing under the Endangered Species Act. Do you recall that? I remember Gunnison prairie dogs being

evaluated, but I don't remember the details. Q But in your environmental report, it was

based on information that the Fish and Wildlife Service had said that the population there was not going to be a candidate species. Now, if that information changed, would

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434 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 that change how you viewed that species in the surrounding area? A Well, certainly. And that's why when we

put together our operational monitoring plan, that's something you revisit every license renewal to see what may have changed. Q Well, specifically what I'm talking about

is since this document was put together, a federal court ruled that Fish and Wildlife Service to just list the Montane portion of the population was found to be arbitrary and capricious. MR. SANDLER: And for the record,

that's WildEarth Guardians versus Salazar, 2010 Westlaw 3895682 out of Federal Court in Arizona. Q (By Mr. Sandler) Now, would that

information change the way your biologists view this species, knowing that now this could be a candidate species? A question. Q You know, I really can't answer that I don't know enough about it. And as we talked about earlier, it is

possible for these prairie dogs to enter the site by burrowing under the fence. A It's possible, but unlikely with the

mitigation measures we have in place.

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435 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 A Q Q It's reasonable to think that the mill

being there right next to -- we don't know if it's occupied or not, but next to a potential habitat will impact the spread of that habitat. A Well, again, we are theorizing that maybe

the Gunnison prairie dogs could be there and maybe they could burrow under two to three feet of fine-wire mesh without being seen by people who are inspecting that site on every shift. I think

there's a lot of assumptions being made here, so I'm not so sure we could draw conclusions from that. Q Now, the environmental report -- I'm And your

moving on to Gunnison sage grouse now.

environmental report said that Gunnison sage grouse was a former candidate species. Do you recall that in there? I think it is a candidate species, but... That's correct. However, your

environmental report says that it was a former candidate species. A Again, the environmental report was

written in 2009, and there may have been some changes at that time and it may have changed back. I don't really know. I'm the wrong person to

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436 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 answer that question. Q Sure. MR. SANDLER: And for the record,

our exhibits do include the Federal Register Notice where Fish and Wildlife does give candidate species status to the Gunnison sage grouse. Q (By Mr. Sandler) Now, your environmental

report says that one of the threats to Gunnison sage grouse, by far the greatest, is the permanent loss and associated fragmentation and degradation of the sagebrush habitat. Page 50. Now, would you -- you know through this report that this mill will fragment Gunnison sage grouse habitat? A No, it won't fragment the sagebrush It will take out a portion of it. And that's Section 4,

habitat on-site.

But, again, we have the habitat improvement plan where sagebrush is going to be the -- according to my understanding with the Division of Wildlife, that's what type of habitat they want to enhance in that area. Q Sure. And then at Section 3, Page 102,

which is describing the habitat and the site in regards to the Gunnison sage grouse, it says:

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437 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 According to CDOW, the strip of pinyon-juniper vegetation associated with the higher elevations south of the site separates the occupied habitat in the Dry Creek Basin from potentially suitable habitat in the East Paradox Valley. So based on that, they are saying that your site will impact a corridor in between this occupied habitat and this potential habitat. A That's not my understanding. There's --

I think you know -- and, again, this is more of a layman's understanding that there has been some talk that that existing pinyon-juniper habitat makes it difficult for the sage grouse to migrate into East Paradox Valley. But we're having no It's

effect one way or another on the P-J habitat. above us and we are not planning any activities there. Q But your activities will affect the

movement of these birds just by this new development there. A No, because, first of all, there's no At least our biologist They are in the next

birds there to begin with. didn't observe any there. valley over.

And, secondly, you know, they can -We are not

there is sagebrush habitat around us.

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438 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 fragmenting it into pieces. If they should migrate

over into East Paradox Valley, there is a lot of sagebrush there, and our facility I can't see as having a large impact. Q But it's true that in 2002, Gunnison sage

grouse were observed on your site. A Valley. Q Not on our site, but in East Paradox That's my recollection. I believe that the environmental report I'm just

did state that they were on your site. trying to find that so we can have some clarification of that. A

My recollection on that is that the

report was general and that they maybe saw a couple birds out there during 2002, but not necessarily on our site. Q So Section 3, Page 102 says: Wintering

Gunnison sage grouse were observed at the site as recently as 2002, and that was CDOW-cited information. A That wasn't my recollection. I suppose

it could be, but I would be surprised if it was -they made that sighting right on our site. Q Would you like me to show you in the

environmental report?

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439 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 A Q Sure. Starting right after that highlighted

section there. A Okay. Well, that had to have been a

personal communication with Dr. Reeve and personnel at the Division of Wildlife, so it's possible that ten years earlier, there were sage grouse there. Q And there hasn't been a survey done every

year since then; is that correct? A No. But they were obviously not observed

in the four field surveys that were done in the 2008 and 2009 time frame. Q Sure. And those field surveys you are

referring to, if CDOW is saying that these were wintering grouse, there was one survey done in the winter, correct? A Again, I'm not the biologist, and that's

probably who you should be directing those type of questions to. Q But based on your environmental report

and the discussion about surveying, you went out there for a day in the spring, a day in the fall, a day in the winter, and a day in the summer and did, you know, a full day -A Yeah. But understand that biologists

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440 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 don't just look for birds. I mean, they look for

traces of birds, feathers, feces, tracks, those type of things. saw none of that. And it's my recollection that they And let's face it, Division of

Wildlife says 2002 was the last time they observed it, which was -- right now, that would have been ten years ago. Q A shrinking. Sure. And we know that their population is So in all probability, there's no sage Otherwise,

grouse at our site or anywhere near it. they would have found evidence of it. Q

Do you know how many biologists went out

there to do the surveys? A three. Q A Q And how large is your site? 880 acres. So you're saying because two or three No. There were usually teams of two or

biologists didn't find sage grouse feces on 800 acres, that that says that they're not using that throughout the winter? A I would say, in my opinion, that those

birds are probably not there, but, again, I'm not a biologist. You need to get a biologist's opinion.

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441 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Q Sure. Now, your ER did not analyze

aquatic species or habitats on this site; is that correct? A Q That's correct. But it's true that there is wetland

features on this site. A wetlands. No, I don't believe there were any There may have been a stock pond. That

would be about it.

That's my recollection, but I

can't -- that was long ago and I don't remember all the details. Q Now, this was provided to us in the

discovery request, and this was a picture taken on the site. It has Energy Fuels' Bates number on the

bottom, and this is that pond, retention pond, you were referring to? A Are you sure it's the one on the site or Do

is it one of them that's down drainage from us? we know? Q A I believe this is the one on the site.

Well, that's more water than I have ever I really don't remember that pond real The one I saw was

seen in it.

well, if it's the same one. always dry. MS. LUCAS:

Your Honor, may I ask

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442 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 come from? MR. SANDLER: It came from the I how Mr. Sandler knows this is a picture of the site. MR. SANDLER: Based on other

pictures I have seen, it appears to have the similar location based on the topography, but this was not a labeled picture. THE HEARING OFFICER: Where did it

discovery response provided by Energy Fuels. didn't believe that they would give us just an unrelevant picture of a pond. MR. FILAS:

Well, mainly when we

were looking at stock ponds, it was downstream stock ponds that we were looking at as part of our investigation of drainage off of the site, not necessarily on it. That's why I was concerned

whether it was the one on-site or one of the two or three that are downstream from us. So it could be I just

the one on-site, but I can't be for sure. don't have that recollection. Q

(By Mr. Sandler) But even if it was a

downstream site, it would still be fair to say that this is in the vicinity of this site? A Yeah, within a mile or two. And, again,

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443 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 A Q dated. A these are stock ponds that contain water in them occasionally. So you would not expect aquatic

species to be living in them on a daily basis. Q Then right after this picture, we

received another picture here, which appear to be some happy frogs. A Uh-huh. MS. LUCAS: from the production? MR. SANDLER: Yes. This is 0066704. Pardon me. Is this also

And what date was this taken? (By Mr. Sandler) You know, these were not You may know better than me, based on -You know, at this point in time, you

haven't convinced me that that's our pond on our site. So I'm not going to make any conjecture I mean, it could be. But without dates

about it.

and without knowing the context of where these photographs were taken, where you discovered them -- again, the only work that I remember being done in the last few years on stock ponds were the ones that were downstream from us. Q Sure. Which we established is in the

vicinity, and my point here is you said there were not aquatic species in these ponds; yet we received

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444 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 a picture of these frogs from Energy Fuels. So it

seems to me that this would tend to say that there are, in fact, some aquatic species that live within this vicinity, whether this is on the site or directly around the site. A And, again, without knowing where they

came from, I'm not going to reach that conclusion. I mean, my guess is this is an offsite pond and maybe those frogs were there, but we need to have a little bit more information of when this was taken and the location where it was taken. MS. LUCAS: And for the record,

there's no intent by the producing party to indicate that those ponds were on the site or that those frogs were in the pond -- I mean, there was no indication, no intent -THE HEARING OFFICER: MR. SANDLER: Noted.

And my response to

that is this was provided to us by Energy Fuels, so why they would provide us with pictures of ponds and frogs that have no -MR. FILAS: Can I answer that? You

asked for everything we had.

We gave it to you.

Again, we gave you a lot of documents and even -as long as they had some reference back to Pinon

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445 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Ridge, it could be -- this pond could be down at the Dolores River. for example. We sampled the Dolores River,

But without knowing more, I really

can't draw a conclusion from it. Q enough. (By Mr. Sandler) Sure. That's fair

We received these so I wanted to ask you

about them. A Q Certainly. You know, I think it seems reasonable And

that these would have a relation to the site.

from the topography in the picture of that pond, it doesn't look like it's in the Dolores River. looks like it was elevated and more out of the valley. A Q Would you agree? I would agree with that. So most likely, it would show that, at It

least within that vicinity, there is significant-looking -- whether it's a retention pond or not. A Q Uh-huh. Now, I guess just to tie this back to

your analysis of species, you did not look into any species that would be attracted to an aquatic environment; is that correct? A You know, I know I asked them to look at

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446 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 or... A I don't recall to what extent the migratory birds, and I know that they looked at all the birds that were on-site. If that's what you

are talking about, I think that was looked at. Q But birds on-site based on -- to go back

to the habitat ecotones that were portrayed for this site and, as we said, none of those dealt with these pond features. A Q I don't recall. You don't recall the habitat ecotones

biologists looked at species that might be attracted to water. Q And, you know, turning to Section 4, Page

47, this page discloses that one nonjurisdictional wetland feature of a retention pond is located within the site. A Q Uh-huh. So based on that, you would agree that

the environmental report should have an analysis of bird species that would be attracted to that water body? A expertise. You know, that's, again, not my area of It's my understanding that Dr. Archie

Reeve will be here on Tuesday, so maybe those level

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447 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 of detailed questions should be reserved for him. Q Sure. But based on your specialty in

environmental permitting and going through this process, is it fair to say that an analysis of bird species that would be attracted to these ponds should be in there? A I would say to a certain extent, but

remember, these ponds only exist temporarily, for a short period of time after a thunderstorm or after snowmelt. So these features are not on-site most They are on-site occasionally. And I

of the time.

would imagine there are some species that would exist near these on this temporal basis. But

beyond that, I can't say much more than that. Q Sure. Now, to go on to the next species,

the piping plover, another endangered species. This bird was discussed in your environmental survey, the wildlife survey, on Page 19. The

conclusion there was that this bird would not be found on this site because they could be found on lake shores, river sandbars, gravel shores, shallow saline lakes, and on sandy shores of larger lakes. Tends to use only unvegetated or sparsely vegetated areas for nesting. survey. That's in your environmental

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448 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Now, at the point that you concluded that the piping plover hadn't used this area, correct, you did not do any further analysis of this species? A Well, they wouldn't do any further

analysis, but obviously, again, field surveys were done on the site and that also did not identify this species there. But when they say the habitat

is not suitable, I mean, this is a biologist looking at it within the entire context. For

example, he is not just looking at, say, one isolated stock pond; he may be looking at the valley as a whole and saying this is not where I would expect to find this species. Q A Sure. But, again, I think that question is best

reserved for Dr. Reeve. Q And that conclusion could have been based

on the fact that there is not sand within this area. A Q Possibly. And you are aware that your tailing ponds

are going to create what's described as beach sands? A Yes.

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449 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Q And that these beach sands would lack

vegetation or vegetative structures? A Q That's correct. So essentially these beach sands are

going to create a habitat that, based on your description, would really mimmick what a piping plover would be looking for. A Q Possible. Now, even though this is the case, this

analysis wasn't conducted to determine if, by creating these beach sands, these unvegetated sandy-looking areas, the piping plover is going to be attracted there? A there. You know, I think you are probably right I don't know that that analysis went that

far, but there may be very good reasons for it not going that far. I just can't say. For example, as

I said, if the entire East Paradox Valley is unsuitable habitat, why would you expect that bird to migrate into that area for a limited amount of beach sand? layman. Those are just my concerns as a

I know how biologists evaluate areas.

They don't just evaluate it based on one feature. They evaluate it based on a number of features. Q I want to talk a little more about these

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450 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 A beach sands. There were some concerns that these

beach sands could be dangerous to birds. Do you recall that? You know, there was some concern

expressed, and we looked at possibly mitigation measures to keep birds off of there. We didn't

think that there was a high risk involved, and we couldn't come up with a reasonable mitigation measure for it. So since it was a very low risk

and we felt that it likely wouldn't impact them, we were willing to leave it at that. Q Now, I'm pulling up an e-mail here, if But essentially this

you are able to read this.

e-mail is from Archie Reeve, the doctorate in biology, and he's talking about these beach sands and saying, you know, his feeling was that water could pool up in the beach sands, birds could be attracted to this water and develop encrusted feathers which could lead to death, birds could ingest the salt as they preen feathers which would be toxic. He felt it could take a bit of research

to determine what that could mean for birds in terms of subcellular effects, tissue/organ effects, tumorigenesis, mutations and mortality. MS. LUCAS: For the record, can you

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451 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 A Q please give us the Bates stamp on that? MR. SANDLER: Yeah, this is 38543.

(By Mr. Sandler) And this was an e-mail

to Frank Filas from Caroline Blass where she quotes these two paragraphs from Archie Reeve in here where he's talking about, in his biological expertise, his fears about these sands. Now, you responded to this e-mail up here and you say: Sorry Caroline. Archie is

fundamentally incapable of doing any work in support of natural resource development. Do you recall that? Yeah, I was pretty angry at Archie.

Archie and I have gone back and forth on situations like that. And what I require as an environmental

manager is not just to tell me what your concerns are, but tell me -- quantify what those concerns are. And then if they are a serious concern, let's

mitigate those impacts; come up with a reasonable way of dealing with it. So when we just throw out concerns willy-nilly, when I'm saying, Hey, we are trying to develop a resource here, help me with the answers, and when all I get is, Well, this could happen or this might happen and the bottom line is beach

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452 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 sands have not been a huge issue at other mining sites, so my concern was, you know, what road are we going down here. more than it is. And my feeling has always been that if there are issues, then you can come up with a mitigation plan at that point in time. But at this Are we making this into a lot

point in time, he was just speculating and saying, you know, these would be my concerns without knowing more. Q Sure. And as you've stated throughout

our discussion, Archie is the expert in these biological issues. A He is an expert in wildlife biology.

Unfortunately, he knows very little about how a mill operates. Q A Sure. And so we often have disagreements. He

says, for example, at one time, why don't you put plastic over those beach sands. Well, we are

depositing 500 tons a day of tailings on the beach sands, so plastic wouldn't work. Now, understand that Archie and I have gone back and forth, and I do have a temper and I will say some things that I regret later and that

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453 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 was one of them, and I figured you would probably find that one, by the way. But Archie is still

working for us and he is a very good wildlife biologist. Q Well, when you say "working for us," he

works for Edge Environmental. A Q Right. And you had them do these reports because

they are kind of a third party; is that correct? A Not in this case. In this case, they

worked for us.

They are actually -- ironically,

they are the EIS contractor on the Sheep Mountain Project, but we were not running that project and we didn't hire them. It was Titan that hired them, So Edge has done a lot

and then we acquired Titan. of work in this area.

And, again, Archie has been

invited to be here on Tuesday, so, you know, these are -- it's not -- you know, we're miners and we say what we think from time to time, and sometimes we overdo it. Again, I'm embarrassed you showed

that, but that's what I said. Q Sure. But you would agree that the

reason you have these consultants do these is, one, because they have expertise and, two, there can be a level of objectivity.

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454 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 A Certainly a level of objectivity. And,

again, Archie has proposed a lot of mitigation over the years, and a lot of it we have adopted and those that are impractical we haven't. And that is

my one issue with Archie is he really doesn't know how a mine and mill operate, and you cannot design for mitigation -- even though you may know your stuff about wildlife, it is hard to design unless you really understand how that mill operates. Q Sure. But what Archie does know is

wildlife and potential impacts to wildlife from such things as beach sand. A Q Correct. And he specifically said that you need to

do a bit more research to determine what it could mean for these birds, correct? A Well, he certainly could have done it,

but I don't know that he did. Q Well, I mean, based on your e-mail, you

say you have been very patient with Archie and now it's time to keep him out of the mix. A This -- again, we were asking him to help

us, support us technically, and he was basically not coming up with the mitigation measures. He

was, you know, saying these are issues, but, again,

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455 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 well, what's the answer? Q Yeah. But, I mean, it sounds like from

the tones of these e-mails, he was telling you something you didn't want to hear; is that correct? A Well, to a certain extent, that is true.

To another extent, I know that if you had a problem with bird mortalities on beach sands, that most likely, you would do what's been done on other places where they have had problems with mortalities, not on beach sands but on the tails themselves, the solution themselves. And probably the most effective, if you can't use bird balls, which is what we're proposing -- for some reason you can't use them -is that you would put up a clear-water pond nearby and you would employ hazing devices. But based on

the fact that we couldn't quantify what these issues were -- I mean, is this a real issue? A

bird landing and drinking a little bit of water in perhaps a ponded area? not? Is that really a problem or

Would you do all those contingency measures

up front or would you just hold them in your back pocket and see if it is a real issue. Q So if I hear you correctly, you say it's

not really an issue that birds would be attracted

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456 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 to these tailing ponds which have water in them -A Q Impoundments. Impoundments have water in them and would

land next to that water because there's bird balls on the water -A Q water. Correct. -- to keep them from landing on the So you're saying it's not conceivable,

though, that then they would land on the sand that's right next to that -A there. No, it's conceivable they would land on Whether their activity in that area was

extensive enough for them to be there long enough to -- or, again, there's no vegetation or anything to attract them there, other than you might find some puddles of water here and there that would attract them, and would they be there long enough to be impacted? I mean, we don't really know. It

would be very difficult to quantify. Q A Sure. And if we had seen it at other sites

where the beach sands were a problem and it was in the literature, we certainly would have looked at it in more detail. Q Sure. But fair to say, though, your

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457 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 doctorate in wildlife biology raised this issue to you. A Q Correct. To him, this seemed like something worth And

at least doing some more research in, correct? your response was: A Get him out of the mix.

He did not answer my question, you know, Is this really a

basically my question being: problem?

And he basically, at that point in time, It may or it may not be.

said, Well, it could be.

And I basically wanted an answer at that time. Q Sure. But it sounds like the answer you

wanted was: A Q A Q A

No, not a problem.

Well, not necessarily. You would have been happier with a "no." I would have been happier with a "no." Fair enough. And the reason being again is I had never

heard of it being an issue at another mill site. Q So if I could -- let's see. I want to point out the date of this -your e-mail back with your displeasure about Archie was sent Monday, October 11th at 6:18 p.m. And

then it looks like the next morning at a little after 8:30 a.m. on October 12th, you get an e-mail

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458 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 back from Caroline saying: Archie and I wanted to

try to help by providing some biological deterrents. Here are some reasons why, in no

particular order, it would be unlikely for birds to be on the beach sands. A Q Uh-huh. And they give you: Presence of bird

balls, lack of vegetation, human presence, cleanliness of site. I mean, it sounds like your biologist expert took a complete 180 and then gave you what you wanted. A Not necessarily. Basically what I asked

for was both sides and I got one side and there I got the second side coming back to me, and that was probably Caroline doing the interpretation for Archie on that that we wanted to see both sides. Q Sure. But at the end of the day, the

effects of birds landing on the beach sands was not analyzed in your ER. A Q A That's correct. Thank you. But, again, this was long after the ER.

This was being done at a later point in time. Q That analysis was never done.

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459 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 rough timeline. DR. GROSSMAN: I just was noting, going -THE HEARING OFFICER: ask this question. Well, let me presumably -MR. STILLS: come later so... THE HEARING OFFICER: tomorrow or some other time. MR. STILLS: Some other time. We're Your cross is My cross is going to minutes max. THE HEARING OFFICER: Yeah, A That's correct. MR. SANDLER: MR. FILAS: Thank you. Sure. Your Honor, could I

MR. SPAANSTRA: do a really quick redirect?

THE HEARING OFFICER: through completely? MR. SANDLER: MR. SPAANSTRA:

Are you

That's it. I'm talking ten

Dr. Grossman, do you have

questions for this witness? DR. GROSSMAN: Yes, I do. Give me a

THE HEARING OFFICER:

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460 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 minutes. THE HEARING OFFICER: do your redirect or do you -MR. SPAANSTRA: Let me just do the Do you want to throughout the testimony he's given so far, some questions. Roughly just -- I have been counseled

to give a higher estimate rather than -THE HEARING OFFICER: a safer thing to do. DR. GROSSMAN: I will say 40 That's always

five or so just to cover that, and then we will deal with -THE HEARING OFFICER: going to sort this out, so go ahead. REDIRECT EXAMINATION OF FRANK FILAS BY MR. SPAANSTRA: Q First of all, the license for the Pinon Okay. We are

Ridge Mill that currently stands -- the license application -- is for a 500-ton mill. A Q 500 tons per day. And the mill is totally -- proposed to be

totally located on private land. A Q Yes. And the action that we are here to

discuss these several days is a state licensing

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461 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 action. A Q That's correct. Therefore, in your response to Matt's --

Mr. Sandler's hypothetical question about, Well, if this mill was a federal action, it might be -- I think your response was it likely would -- there would be a finding of significant impact. weren't -A I wouldn't say it would be a finding of You

significant impact, but the likelihood that you would do an EIS is strong there because the NRC does not have a generic EIS for conventional mills at this time, so they would most likely require an EIS. Q But you weren't addressing the federal

action trigger -A Q No, because there is no federal action. Thank you. Just back to chaining and To

sagebrush control on the neighbor's property.

be clear, the neighbor has -- we interviewed the neighbor. A The neighbor -Well, that was the neighbor that sold us

the property. Q A And the neighbor didn't do that? No.

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462 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Q And so isn't it fair to say that it would

be speculation as to whether it was done before? A Yeah, that was just his best estimate.

Put it that way. Q In regard to the now famous Archie Reeve,

before lunch there was a July-ish e-mail that you discussed. That was a good several months before

the ER was finalized, correct? A Q A Q A Which -July -Oh, on the chaining? Yes. Yeah, the chaining -- it was done in July

and the ER was finished in November. Q And so the ER was still in the interview It wasn't the final

process at that point. document. A Q Correct.

And the rather dramatic questions about

Archie being out of the mix, it's true he's not out of the mix because he is going to be here. A Correct. And, again, Archie and I have

had our spats over the years, but we always patch it up afterwards. MR. SPAANSTRA: Nothing further.

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463 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 THE HEARING OFFICER: Let's take ten

minutes, and where we go from here, I don't know. We will sort it out. (Recess taken, 2:12 to 2:30 p.m.) DR. CRAIG LITTLE, being first duly sworn in the above cause, was examined and testified as follows: DIRECT EXAMINATION BY MR. SPAANSTRA: Q Dr. Little, welcome to Nucla. Thanks for

coming down from Grand Junction on such short notice. A Q Nice drive. I guess it's better than coming down

tomorrow or Saturday, from what I understand. MR. SPAANSTRA: For those following

at home and in the room, we disclosed Dr. Little in our Energy Fuels' September 20 disclosure. His CV

is there, just for the record, if you want to follow along. Q (By Mr. Spaanstra) Dr. Little, I'm going

to ask you a few questions about your background so I can proffer you as an expert here. Don't be shy.

We found out yesterday that there's a little bit of a tough crowd on this, so you can be expansive.

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464 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 A Please describe briefly your academic background. A I have a bachelor's degree in biology I have

from McPherson College, McPherson, Kansas.

a master's degree in health physics from Colorado State University and a Ph.D. in radioecology from Colorado State University. Q When I looked at your CV yesterday and I

saw radioecology, I said, I wonder what that is? have been working in the DOE complex for nearly 20 years and done stuff with NORM and TENORM and that sort of thing, and I have never seen that before. What does that mean? What is a radio --

Radioecology is the study of the effects

of radioactive materials on the environment, the use of radioactive materials to study the environment, and the transport of radioactive materials through the environment. So it involves

a lot of environmental transport modeling and things like that, or in research it involves things like going out and taking samples of various compartments of the ecosystem. Q Speaking of research, have you done any

publishing in the academic world in radioecology? A Yes.

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465 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Q A A few examples or... My graduate work was at Rocky Flats, the

former weapons facility outside of Denver. Q A I did graduate work there myself. My dissertation title was "Plutonium in a The concept was that we were

Grassland Ecosystem."

going to go out and take samples of all the compartments of the ecosystem to find out where the plutonium resided, where was it. So we published

that and several other articles along those same lines. Q A Five, ten roughly? Refereed journals, probably eight or ten,

I'm guessing. Q Thank you. So what do you do at Two

Lines, Inc.? A I'm the owner of Two Lines, Inc. It's

just a one-man shop basically, but I work on a variety of different kinds of projects. We put

together teams of people to bid on projects or I sometimes help other independent contractors with their projects and they help me with mine. Q Great. Yesterday we had some discussion Briefly, what is MILDOS

about MILDOS modeling. modeling?

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466 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 A MILDOS is a model that was commissioned

by the Nuclear Regulatory Commission to calculate the doses to members of the public who live in the proximity of a uranium mill. It is specific to It's an

uranium and the uranium decay products.

atmospheric transport model with dose conversion factors built into it so that the output of it -the input is the estimates or the actual measurements of releases from the facility, and the output is doses to receptors at some point around the facility. Q We are going to talk in a few minutes

about what you have done for Energy Fuels at Pinon Ridge, but in regard to other uranium mills, have you done MILDOS modeling for such other mills? A Yeah, I have done MILDOS modeling for

eight or -- I tried to reconstruct it last night -eight or ten different facilities in at least three states: Q Texas, Wyoming, and Colorado. In your storied career -- I'm sorry. I was looking at Travis and he I

testified there.

didn't want to acknowledge. In your career, have you ever consulted with the government? A I was an employee of Union Carbide and

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467 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 successor agencies who were the operator/contractor of Oak Ridge National Laboratory. for almost 25 years with them. employee of the government. I was employed

I was never an

But my whole career

has been -- up to the time I left Oak Ridge was working as a contractor to the government. Q Which in that DOE complex, that's the way

work gets done. A Mostly in the DOE complex, but also we

did work for the Department of Defense and EPA as well. Since I left Oak Ridge, I have done work for

several national laboratories and at least one state under contract. Q What did you do with the Federal Health I was intrigued by that.

Office of Germany? A

I was on a short-term assignment when I

was a member of the staff of Oak Ridge National Laboratory. Just happenstance, I ended up getting The

to do this three-month assignment over there. German government had money to spend on outside scientists to come and consult with them.

I was

able to continue my employment with Oak Ridge but be in Munich to do it. And what we did was we

wrote several reports on releases from power plants and other things of that nature in the Federal

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468 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 filed? what. THE HEARING OFFICER: Maybe that's... MR. SPAANSTRA: disclosure, September 20. THE HEARING OFFICER: MR. SPAANSTRA: Okay. It was in our expert When was it say his CV was? MR. SPAANSTRA: It's -- I tell you Republic. Q Given what you've just described, I think

as a layman, I would characterize you as very well-trained and you have been working for nearly three decades in the area of environmental -you're an environmental health physicist with particular expertise in the behavior of radioactivity in the environment. fair? A That's fair. MR. SPAANSTRA: With that, Your Would that be

Honor, I would offer Dr. Little as an expert in health physics and in the behavior of radioactivity in the environment. THE HEARING OFFICER: Where did you

Is that good enough? That's fine.

THE HEARING OFFICER:

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469 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 that's true. Objection? DR. GROSSMAN: have a question. Can you tell us what kind of meteorological training you have had within the context of your overall training, formal and informal? DR. LITTLE: trained in meteorology. Very little. I'm not No objection, but I

I have used some models on

MILDOS that have gas include transport as a backbone to it, but that's about it. DR. GROSSMAN: So basically you've

just used the model as a sort of black box, and then your expertise came into the interpretation of the model; is that correct? DR. LITTLE: To a certain extent,

I do understand how the model works.

I have seen -- I have read all the documentation on it and how the calculations are made, but true enough, you put the data in and the numbers come out the other end. THE HEARING OFFICER: DR. GROSSMAN: It just was clarification. THE HEARING OFFICER: Objection Objection?

I have no objection.

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470 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Q anybody? Okay. MR. SPAANSTRA: Thank you.

(By Mr. Spaanstra) Dr. Little, let's then

turn to the work you have done on the Pinon Ridge license application. My understanding is that you

have been involved in two different documents? A Q Yes. For the record -- well, the first one,

you prepared the estimate of radiation doses for members of the public. A Correct. MR. SPAANSTRA: For the folks in the

room and Judge Dana, the original license application is in Volume 11 -- I mean this document is in Volume 11 of the original license application. and 2. It was later revised in RFI3, Parts 1

In the record, it's -- original document on

Disc No. 1, within Folder Disc 12, and the revision is in Folder Disc 25, Exhibit 4. Q (By Mr. Spaanstra) The second document

that you helped prepare, I believe, was a portion of the regional dust analysis, and I believe -A Q A Yes. And I believe it was Section 4. Sounds right.

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471 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Q And that section was about part of the

regional dust analysis. A Yeah. It was trying to estimate what the

dust deposition on ground surface would be from a worst-case scenario with the dry tailings ponds. MR. SPAANSTRA: Again, for those

following at home, that section can be found in response to RFI3, Attachment 3, Parts 1 and 2, and can be found on Disc 1 in the folder called Disc 25, Exhibit 5. Q (By Mr. Spaanstra) So with that, can you

describe the first document, the estimate of radiation doses to members of the public and what it addressed. A That document describes just what the We used the MILDOS model to estimate

title says.

the potential dose to a member of the public from the operating mill. The standard of care for a

mill is 100 millirem per year at the fence for any member of the public. And as a conservatism for

most of these types of analyses -- all of these types of analyses -- you calculate the dose to the fencepost, making the assumption that someone is there 24/7/365, and that's the dose they get. If

they're further away, they are going to get a lower

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472 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 dose than that. So if you can show that you meet

the 100-millirem dose limit at the fence line, you can certainly show that you meet it further than that, and so no member of the public would exceed that limit. Q And in this document, the estimate of

doses, what conclusions did you reach? A The doses are below 10 millirem for the

fence line. Q Describe again -- you started to -- the

portion of the regional dust analysis that you were involved in in the same way you just did. A What I did with that was -- the way

MILDOS works is you specify the location of the mill and you specify -- you usually set up a zero, zero, zero point, and that's the -- that is considered the -- generally speaking, you use the base of the yellowcake stack as that point. then every other receptor -- all the receptor points, the fence lines, et cetera -- are X, Y, Z from that, so it's a matrix from there. So it's so And

many miles or so many kilometers east and so many kilometers south, that sort of thing. Q A Okay. So you specify those receptor points, and

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473 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 A radium. enough? THE REPORTER: DR. LITTLE: No. Curie is Ci. then you run the model and you get the doses at these various receptor points. Along with the

dose, you also get concentrations in the air and on the ground surface from the uranium decay chain radionuclides. So I specified a number of

communities like Bedrock, Nucla, Naturita, Moab, Telluride as receptor points; and from that, we got a ground concentration, which then I was able to compare to the existing concentration of radionuclides that you would find in the soil just from natural background alone, and the numbers are tiny. Q A Amplify on tiny. Well, Bedrock, I think we got 55 And I

picocuries per square meter of radium 226. will use radium 226 because it's easy to understand.

The definition of activity in radium

is 1 gram of radium equals 1 curie of activity. MR. SPAANSTRA: Is he going slowly

So 1 gram of radium 226 equals 1 curie of What we found at Bedrock was 55 That's one trillionth of a curie per

picocuries.

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474 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Q that. square meter of land. That's 1 picogram of radium Background is about

per square meter of land.

180,000 picograms, if you will, or picocuries, so it's 55 on top of 180,000. That's the added dust

load that would come from -- based on the MILDOS model. Q A Do you remember Telluride? Telluride was a factor of 1600 lower than It was like .381 or .341 picocuries per

gram -- picocuries per square meter in the top six inches. Q You weren't able to be here yesterday,

but have you been able to review Dr. Grossman's opening statement? A Q I read his written statement, yes. And you also received from me an oral

summary of what he had to say. A Q Yes. I would like to ask you a few questions

about that. A Okay. MR. SPAANSTRA: If I

mischaracterize, you yell at me, okay? DR. GROSSMAN: I will.

(By Mr. Spaanstra) Dr. Grossman said,

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475 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 essentially, that the MILDOS was a straight-line Gaussian model that is out of date, essentially, in both of these documents. Why did you use the MILDOS-AREA model for Pinon Ridge? A I used MILDOS-AREA because it is the Every agreement state that has a

accepted model.

uranium mill in it, including Colorado and Texas, and the NRC, which regulates the nonagreement states which would be places like Wyoming, that model is the accepted model. It was commissioned

by the NRC and was developed by Argonne National Laboratory in Chicago to the Department of Energy laboratory. It's been through several revisions,

and the most recent revision was about a year ago, I think, 2011 December. Q Did you have any interaction with the Did they indicate an interest

State of Colorado? in using this? A

Well, Phil Egidi worked for the State,

and he certainly knew that that was the model I was going to use. I sat down with him several times --

well, at least one time, I know, and we talked about the input parameters and what the output looked like, et cetera.

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476 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Q Dr. Grossman is a really smart guy and

this may have gone over my head, but I think what I heard was he indicated that you use average monthly data for the model? A No. The meteorological input parameters

for MILDOS are you take hourly meteorology measurements for an entire year or you can use ten years, if you have ten years' worth of data. results in a matrix of direction, 16 different compass directions, and wind speeds. So for every It

compass direction and every wind speed bin, if you will -- so many miles an hour to different miles an hour -- you have a fraction of the time that the wind blows in that matrix: the northwest, okay? And on top of that, there are stability categories, which are from very stable to very unstable. And those categories are also in there, Five miles an hour from

so you essentially have a 3-D matrix of the data that goes into -- as the input parameters. So you

take those data, which are hopefully site-specific, and you read them into the model and it accounts for all the directions -- it accounts for the entire year, if you will. THE HEARING OFFICER: I'm sorry. At

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477 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Q what interval? DR. LITTLE: Hourly.

(By Mr. Spaanstra) So Dr. Grossman sort

of evolved from the last question I asked you to essentially state that essentially what we had was a statistical analysis of one, based on the fact we had only one year of data. I guess what you just You did it

testified to is, no, that's not true. hourly. A

I don't know exactly how many hours, but

if there were no malfunctions in the recording equipment, you would have 8,760 measurements over the course of a year. That would tell you how many

hours it blew from the northwest, how many hours it blew from the east, what was the wind speed when it blew from the east, and what's that measurement look like. it. We don't do any statistical tests with

It's simply a sample of one year, every hour.

And I have been at facilities where we used five years of data. Q They had five years available.

So, I mean, the point -- it's been, I He's got

think, 40 years since I took statistics. me beat from the discussion yesterday.

But I think the point that Dr. Grossman was making was we didn't really have a large enough

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478 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 so -A Q Neither have I. -- let's plow along here. I think of to go first. sample size to make statistically valuable conclusions. I think from your testimony just now,

we had a sample size of over 8,000 from -A 8,000 hours. The NRC more or less

requires a year's worth of data. Q Okay. MR. SPAANSTRA: That's all I have. Who wants

THE HEARING OFFICER:

to -- do you want to let Dr. Grossman proceed with the cross? MR. STILLS: Please. Go ahead, if you'd like

CROSS-EXAMINATION OF DR. CRAIG LITTLE BY DR. GROSSMAN: Q I have never done this before, Craig,

this as a seminar. Since I've declared myself as an expert in meteorological physics and boundary layer physics, I'm going to say right off that I'm an informed layman when it comes to the details of the MILDOS. I have looked at it, and so I'm going to

ask you a few questions about your idea of MILDOS

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479 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 versus what I'm thinking about and of the point that Mr. Spaanstra just brought up about the applicability of the analysis in a climate setting. That's basically what he was trying to get to. So what distance do you think, from your experience -- you described MILDOS as being for basically atomic power plants, looking at the environmental impacts of those, and so to what distance around, say, a mill or an atomic power plant do you think that MILDOS has been tested and could apply? A Well, first of all, you wouldn't use it

around a power plant, a nuclear power plant, because it is specific to uranium, the uranium decay chain radionuclides: Uranium 234, 238, That's what it's

thorium 230, radium 226, radon. specific for.

So it wouldn't do any good around a

power plant because that's different radionuclides. In my experience, around a lot of these facilities, we place receptors out to 10 or 15 miles. We can actually place them to 30 miles. We

can place them essentially to any distance we want. How good is it? I have not done measurements at

long distances to see how it is relative to an actual measurement, at long distance. But I know

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480 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 operating facilities where they have -- they have air-sampling devices on the fences, on the fencepost, and we have actually compared the results of MILDOS modeling to annual measurements taken at some facilities. And in some cases, we

get very good agreement within 10 or -Q A How far away are those? Those are within 3 kilometers, maybe,

something like that. Q Are you aware of any literature that

gives you a maximum distance that MILDOS can be applied to? A Q No. But it sounds like you were asked, and

reasonably so, from this group because of the concern that Telluride and Ophir and San Miguel County have of deposition on their lands. You were

asked to perhaps extend the MILDOS out to about 30 miles -A That's probably -- and Telluride is

further than that. Q A Q -- as the crow flies. It is more like 70 kilometers, I think. So when you look at the -- I also -- I

would like to know, do you know what the time

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481 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 hour? A Yeah. But it doesn't give hourly output. THE HEARING OFFICER: just lost me completely. Folks, you You day? A is? A Q Well, it integrates over an entire year. At what time step? Does it accumulate -No. I think it's basically an integral Every hour? Every step -- you use hourly data. A Q Uh-huh. Do you know what the time step for MILDOS

over the 8,760 hours or a whole year. Q So the time step, you are saying, is an

What's a time step?

two have a dialogue about it but just be aware. DR. GROSSMAN: Basically, as you are

updating the model, you start the model at an initial time, you pick a time out there. are going to run it for a year. Now you

But each time you

update the model and make a new calculation from that original time to get to the last time. Inside

of there, you are continually updating the model, and that update interval is the time step. DR. LITTLE: doesn't run in time steps. But it essentially It essentially just

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482 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 A period. Q integrates over the course of a year. It

calculates a Chi/Q for -- a Chi/Q for the layman is the fraction of material at some point downwind to the amount of material released here. Q (By Dr. Grossman) And it gives you the

hourly, not the monthly -A It doesn't give you -THE REPORTER: One at a time.

It gives you an hourly average Chi/Q, That's all it does. (By Dr. Grossman) But in the output, do

you get one number or 24? A You get one number for each distance.

For each receptor, you get one number. Q A Q A The annual average? You get the annual dose. The annual average dose. Well, there is no average to it. It's

the annual dose, because you give it an hour of input -- a year of input, you get a year of output. Q And you don't get any sense of

variability? A model. Q Does MILDOS take into account -- you have No. It's a completely deterministic

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483 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 used. so. Q I would like to know what computer you In the earlier time step, the length of run, But what computer did mentioned stability. Let's first go to stability, I will

and then I want to go to complex terrain. give you some updates.

And then I want to go to

your displacement height that you used, and we will carry on from there. And Bowen ratio. I think the

Bowen ratio fits into this somewhere. A I don't know what that is, but if you say

you said, was a whole year. you use to run this -A laptop. Q

I still run it on Windows XP.

It's on a

So you don't go into the cloud and find

some amazing, huge computer out there that will do this for you? A someday. Q terrain? A Q No. So it's a straight line. The wind blows Does MILDOS take into account complex No. It will probably run on a SmartPhone

at a straight line for that hour -A In 16 directions.

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484 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 you doing okay? DR. GROSSMAN: Am I doing okay? I'm Q -- in whatever direction. Stability. Okay.

You mentioned -- and I have

seen somewhere in these multitude of reports that I'm trying to stick in my head and make sense out of. Stability, it looked to me there was a graph

of stability classes that were -- and that was associated with MILDOS. A Q Yes, stability classes, A through F. And these stability classes probably go

from very stable through natural to highly convective. A Yes. THE HEARING OFFICER: Hold on. Are

trying to stay slow and articulate. THE REPORTER: Yes. Just try to I know you've

keep from talking over each other.

not been trained by a court reporter before, but please refrain from that. DR. LITTLE: Do you have a stick? She does. She

THE HEARING OFFICER: has a big stick. Q

(By Dr. Grossman) The stability classes

that you were able to determine, from what data did

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485 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 you determine the stability classes? A on-site. Q And how did they give you this? What is From a meteorology station that was

the stability, because there's all sorts of different kinds of stabilities that are available to us. A I'm not certain. I think they are tied

to temperature differential, but I'm not certain about that. Q A Humidity is not involved? I'm not an atmospheric scientist, so I

don't know. Q I just want to get on the record that if

it's just temperature, there also needs to be -although it's a lower influence here. Humidity is

also a factor in stability computation and its relationship to turbulence that's generated by wind is also -- there are what is known as static -MR. STILLS: Your Honor, if I may,

because they haven't been trained by a court reporter, there is a lot of nodding and agreement that's going on that's not going onto the record. You are nodding yes to my questions -- it is a seminar, but she's got to record it.

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486 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 both of them. Q (By Dr. Grossman) So the way you see it, careful. question. DR. GROSSMAN: what should I do? THE HEARING OFFICER: Be very Okay. Thank you. So

You ask the question; he answers the If he nods in agreement to you, she's

not going to get it. DR. GROSSMAN: wait until he says yes. Okay. So I have to

We'll get this together. We'll teach

THE HEARING OFFICER:

as well as you understand it, and perhaps the folks here can augment what you have to say, that it was basically a temperature difference between two levels on a tower that could have been no higher than 30 meters and you don't know what the different height was. It was just they gave you

some measure of stability, or did you figure it out yourself? A Q A No, I did not figure it out myself. Where did you get this? I take the meteorology data set that's I send it to another

given me by the site.

consultant in Idaho Falls, Idaho, who converts the data into stability classes and puts it into the

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487 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 matrix. It's called a STAR data array, stability

array, and the STAR array is what's read in the MILDOS. Q It would be interesting to find out

exactly how that was done, the type of stability that was used, whether it was static or whether it was a flux Richardson number or something like that. I had seen -- let's go to the displacement height now. displacement height is. Let me explain what the It's used in these kinds

of models, and basically it's the wind profile in a theoretical setting begins right at the lower surface and that's a zero displacement. right there. It's just

But if you have grass or buildings or

something that's on top of that flat surface, like we have in the real world, the wind profile does not go to zero at the surface anymore because it's got this displacement because of the disturbance of all this other stuff: buildings, smokestacks. And this was used in the model, I expect; is that correct? A Q What was the question? The zero displacement level. Grass, trees, people, cars,

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488 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 A I can say this much. They do account for That much I

plume reflection from ground surface. know.

And the Z parameter is an elevational -- is So if

elevation relative to the central point 000.

you have a higher release point, like a stack, you account for that. Q summarize. So I get that the inputs -- let me Why don't you summarize the inputs, and I will agree or disagree.

then I will not nod.

Summarize the inputs for us. A The meteorological inputs -- it is a

matrix of wind speed and wind direction to speed from each direction and the stability category for each of those. So you have like one percent of the

time, it comes from the north at five to ten miles an hour in stability class C. So you have to

imagine a 3-D matrix, and that's the input for the meteorology. You specify sources such as release

points such as stacks, release points such as ore, ore storage piles, release points such as tailings ponds, et cetera. Q And these -- are these done as a group or

individually and then you add everything up? A Q They are done individually. And then you add everything up at the

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489 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 end. A Q It all adds up automatically. So each one of these is a separate run:

Tailings run, smokestack run A, smokestack run B. A No. You can have multiple -- you can They can be

have ten sources in each run. different types of sources. Q A Got it.

So you can mix and match, if you will.

Ultimately, that run gives you an output which is dose per year at the receptor location. You can

have up to 48 receptor locations for each run. Now, in a lot of cases, different types of facilities will have more than ten sources, for example, and sources that turn on and off during -through time. So you may make multiple runs. You

may make 10 or 12 runs, and you have to sum up all of those data to get an answer through time. Q wind data. A Q A Q Essentially. It does not use upper air data at all. It does not. So if these clumps of radionuclides or But importantly, MILDOS only uses surface

whatever are lofted above the planetary

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490 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Q boundary layer above where your surface wind speed applies and wind directions, anything could happen. MILDOS is out of the picture. interpretation? A Well, I would not anticipate lofting to Is that your

the planetary boundary layer from -- of sand, which is what you are talking about, for the most part, for tailings certainly, if that's what you are talking about. Q It's sand.

But we know from observations that, in You can see it out

fact, this lofting does occur.

here, and especially it occurs during the severe windstorms. And, in fact, while we were having

lunch out here, I was watching lofting going on for wind speeds that were far less than the 40-mile-an-hour threshold that had been mentioned earlier in these proceedings. MR. SPAANSTRA: Dr. Grossman, when

you are asking questions, you usually can't testify along with that. DR. GROSSMAN: All right. Sorry.

(By Dr. Grossman) So as far as you know,

MILDOS does not account for anything that is above the height of the highest wind measurement that applies to the model.

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491 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 A Q Height meaning speed? No, the height. The altitude of the

highest wind speed. A Q Correct. And you are well aware that in all

stability conditions, the wind direction changes with height. A Q Yes. That's the Ekman spiral in neutral

conditions, which -A Q I'm not an atmospheric scientist. An atmospheric scientist who will read

the record will understand this, and I will be glad to explain it to anyone. Where did you get the background information from which you determined this, how much impact the mill -- where did that 180,000 come from? A I used a general rule of thumb of 1

picocurie per gram of radium in soil. Q A Where did that come from? Well, I have got 35 years of experience.

I didn't reference anything, but I can show you references that show you are in that realm. There's a report done by Oak Ridge National

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492 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 year. Laboratory back in 1976 where they took surface soil samples in about 30 states and analyzed them for uranium, radium, et cetera. Q Why couldn't you use the measurements

that are made here locally? A Oh, I didn't have any measurement data at

the moment, but I have taken many soil samples in this state and I can tell you that's a reasonable number, one. Even if I'm off by a factor of two,

it's still a tiny addition. Q Lastly, you say you have run this for a And this pertains to Mr. Spaanstra's You have run this for -- the data that

question.

you have accumulated -- a year. How can you compare this year to any other year? A Q A It's the year we have. You have a sample of one. I have a sample of 8,760 hours. I agree

with you more data is better. Q But it comes down to one annual average

at a specific site. A Q One total -Yes. Based on 8,000 hours, fair enough.

But you end up with one sample at a site.

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493 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 data? DR. GROSSMAN: Thank you very much.

CROSS-EXAMINATION OF DR. CRAIG LITTLE BY MR. STILLS: Q I do have a couple of questions. Good afternoon, Mr. Little. First of

all, a couple of questions from your CV that you provided. I see that you have worked extensively

for Cotter Corporation in Canon City, Colorado; is that correct? A Q A Yes. For how long have you done work for them? I have probably done work for them for

ten years, in that ballpark. Q And does Cotter Corporation rely on your

modeling and recommendations to make judgments about whether or not the plant is safe? A Not that I know of. What they do is take

my report, which is the same sort of thing that I did for Pinon Ridge, to calculate the -- to calculate the potential doses to a member of the public some distance away or at the fencepost, and they put that into their annual report which is submitted to the State. Q And are those reports confirmed by actual

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494 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Honor. A Q I don't understand the question. The reports that you prepared for Cotter,

the dose estimates, are they confirmed by actual dose estimate monitoring? A Q As I said earlier, in some instances -No, I'm sorry. I'm asking about at

Cotter, have your dose estimates been confirmed by actual data collection? A I don't have a dose estimate for a given I have a dose estimate. I don't

receptor, no.

have a dose measurement for an actual resident. Q So your work -- you provide a model, but

you never go back and calibrate and check and see if it's accurate at Cotter. A We don't calibrate the model, but a

number of times, we have compared the ground concentration that we got from using the MILDOS model to actual measurements that were done at the Cotter plant. Q How heavily does your model rely on the

Final Generic Impact Statement of uranium milling, the FGIS, of 1980? MR. SPAANSTRA: Objection, Your The NRC has

It's not Dr. Little's model.

developed the model.

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495 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 MILDOS model. Q are using. A I can't answer the question specific DR. LITTLE: Yeah. Well, the

THE HEARING OFFICER:

We'll phrase it that way. The model that you

(By Mr. Stills) Okay.

about the Final Generic Impact Statement, but I do know that the model was developed by the NRC. They

commissioned it with Argonne National Laboratory, and they verified that the calculations internally work and that's the model that they accept. Q A For the 1980 FGIS? They accept the model now, and they have

accepted it from the very beginning, even though -and they have revised it through time. Q Is a design -- is the design of a plant

important to your modeling? A Yes, in the sense that you have to

have -- you have to know what the releases are, what the size of a source would be, for example. From that standpoint, yes. For an operating

facility, you have some measurements of releases and you have actual sizes of sources, et cetera, physical sizes. Q But a design report is important to

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496 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 understand what's going into your model, correct? A Q I'm sorry. Say that again.

Is a design of a facility important to

know what's going into your model? A Q A Q A Q Yes. Do you understand the terminology "GIGO"? I didn't understand the word. The term "garbage in, garbage out." Yeah, I understand that. And what does that mean? It means that

you put something in and if it's junk going in, you don't really have anything coming out, correct? A Q Better data results in better results. And specific data results in specific

results; is that correct? A Q True. In preparing your testimony and preparing

the reports that you brought here, have you been provided a copy of an engineering -- basic engineering report prepared by CH2M HILL engineers? A Q I don't remember if I have or not. Have you reviewed any design reports

after your model data was published that you are testifying on here today? A Would you repeat that, please?

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497 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 mill? A Yes. Q Have you reviewed any design reports in

preparing the models? A First of all, I don't prepare the model.

The model exists. Q ahead. A I used estimates from the air permit, the I'm using the wrong language, but go

application for Pinon Ridge to help develop the release rates from various sources. Since there is

no facility, you can't take physical measurements to put in as input. Q Where did the data come from that you

entered into the model? A It comes -- to a large extent, it comes One, you know the quality of the

from two sources:

ore that's being used and you know the size of the sources, such as ore storage piles, tailings beaches, et cetera. And for specific release

points for which air permits are required, there is an estimate based on the design of the source and an estimate of the release that comes from that source. Q And those are design features of the

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498 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 witnesses? Q If those design features change, would

the outcome of your modeling change? A I would say yes, in concert and sort

of -- in concert with all of the other sources. One source, generally speaking, would not dominate the dose -MR. STILLS: nothing further, Your honor. THE HEARING OFFICER: do you have any questions? MR. PARSONS: I do not. Mr. Sandler? Mr. Parsons, Thank you. I have

THE HEARING OFFICER: MR. SANDLER:

Nothing, thanks. Mr. Goad?

THE HEARING OFFICER: MR. GOAD: No.

THE HEARING OFFICER:

Redirect?

We

haven't done anything that quick since we started. Thank you, Dr. Little. DR. LITTLE: You're welcome. What's next?

THE HEARING OFFICER: MR. SPAANSTRA:

I think at this

point, we would be ready for Steve Tarlton, since we are going to defer the cross-examination, right? Or, Jerry, where are you with your

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499 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 think about it. THE HEARING OFFICER: Okay. What MR. GOAD: Well, Steve is here. We

are going to start losing witnesses from the State starting tomorrow. MR. STILLS: go with Mr. Tarlton. what we talked about. MR. SPAANSTRA: Given the fact that I'm fine if you want to

He's here, and I think that's

we've essentially dedicated tomorrow for Sheep Mountain, the idea that we are sort of taking folks out of order, I would think that if we are going to lose State witnesses, we ought to take them so we don't lose them. And I suspect that Mr. Tarlton's

testimony, both from our part of the direct and on the EIA, is going to be pretty lengthy. And so I

guess I would counsel that if there are some folks particularly that Travis wants to talk to, we ought to get them up here and get it done. THE HEARING OFFICER: have a problem with that? think about it? MR. STILLS: I do want a moment to Does anybody

Do you want a moment to

witnesses do you have here that you're going to start losing?

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500 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 moments. THE HEARING OFFICER: five-minute break. Let's take a MR. GOAD: Well, I intend only to

call Mr. Tarlton, but Mr. Stills has indicated he may want to talk to several people, including Larry Bruskin -- and I don't know if we're done with Larry or not -- Mr. Egidi, Mr. Ethington, and Warren Smith. There's also been some interest She's available by And also

expressed in Nancy Chick. phone.

I've advised Mr. Stills of this.

Marilyn Null, who is a colleague of Warren Smith. She is also available by phone. THE HEARING OFFICER: And the first

phone person you mentioned, Chick, was Dr. Grossman's -MR. GOAD: At one point, Dr.

Grossman expressed an interest in Ms. Chick. THE HEARING OFFICER: if she was on your list. your list. MR. STILLS: Yeah, I -Okay. Do you I didn't know

A lot of people are on

THE HEARING OFFICER: want a few moments? MR. STILLS:

I do want a couple of

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501 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 employer? MS. CHICK: The Air Pollution full name. MS. CHICK: Nancy Daniels Chick. And your (Recess taken, 3:21 to 3:32 p.m.) THE HEARING OFFICER: name is Richard Dana. Nucla. Ms. Chick, my

I'm the hearing officer in

We are sitting here with all the lawyers.

Raise your right hand. (Witness sworn.) THE HEARING OFFICER: State your

THE HEARING OFFICER:

Control Division of the Colorado Department of Public Health and Environment. THE HEARING OFFICER: start the examination? MR. GOAD: little introduction. Nancy, this is Jerry Goad at the Attorney General's office. I represent the Department of We are, as I think you I'll just maybe do a Do you want to

Health in this matter.

know, in a hearing about the application by Pinon Ridge for the radioactive materials license. There

are a couple of parties here who would like to ask you some questions related to that.

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502 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 BY DR. GROSSMAN: Q Greetings, Ms. Chick. I'm standing here MS. CHICK: MR. GOAD: Okay. Thank you. Do you want to

THE HEARING OFFICER: start, Dr. Grossman? DR. GROSSMAN: MR. STILLS:

Do you want to start? Go ahead. Why don't you

THE HEARING OFFICER: come up here by the telephone. NANCY CHICK,

being first duly sworn in the above cause, was examined and testified as follows: CROSS-EXAMINATION

talking to this machine and I'm sure you are doing the same thing. I apologize for that. I will try

to be as clear as possible. I want to ask you, first, something about your qualifications and background, and I wonder if you have had any formal meteorological training. A Okay. I have not had formal My background is I have a

meteorological training.

bachelor of arts in geology from Bryn Mawr College in 1981 and a master of sciences in environmental sciences from the University of Colorado Denver in

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503 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 1991. I was hired here September 17, 1984. have been here pretty much ever since. I

A lot of my

job here involves reviewing data that's submitted by private parties, such as the Pinon Ridge project, and that's what I have been doing for 28 years, is reviewing these data packages from them and writing back and forth and corresponding and making sure that the data is collected according to EPA protocols and rules and good science. Q I have noticed, however, it appears that

you also have been reviewing air dispersion modeling as well as the data that is applied to those models; is that correct? A No. I don't review models at all. I

don't have any background in modeling.

What I do

is I review the raw data from the meteorological towers that goes into the model. For example, they

send me reports -- in this case, Pinon Ridge sent me reports of giant electronic files of the wind speed and wind direction by hour and by 15-minute increments. And what I do is I look at all that data and see if it looks like it makes sense, and I look at, as well, inspections of the tower that are

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504 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 required to do -- they're required to do audits and calibrations of the tower and send me those records. So I review all the raw data and kind of

approve it, and then it goes to our modelers who will review final data processing and modeling, so I don't get involved in modeling at all. Q Can you tell me who those modelers are,

what their names are? A Well, in the Air Pollution Control

Division, it would be Doris Young or another gentleman. But, you know, in this case, you are

talking, I believe, about the radiological model, and I don't think we were involved in that at all. We were reviewing the air permit, which hasn't been issued yet. Q Which is interesting that we are dealing

with one permit that's been put on hold, I guess, while yet another permit -- and this citizen is a little confused about that, Ms. Chick. going on the record about that. It looks like, then, that all you've done was review data for quality and for format and to make sure that the calibrations and data quality reports were in order. A Right. And I also double-checked some of I'm just

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505 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 the -- a lot of the calculations on the radiological data, although we don't really deal with that here in air, and on the particulate 10 microns or less data that they collected that was used for background. Q Did you review or accumulate the upper

air data that is used for AERMOD? A No, I don't do that. That, again, gets

decided by the modelers. Q So you had no -- you had a lot of input

into deciding the quality and so forth of the data observed at the Pinon Ridge site, that one year of data that was collected, but not the upper air data associated -A No, there were three years of data

collected that I reviewed. Q But as far as the permit that we are

talking about right now, only one year, 2008 and 2009, are applied to the permit right now. you -A I don't know because I had no involvement That's another division. MR. GOAD: Dr. Grossman and Ms. Are

in that one.

Chick, maybe I can clarify. MR. STILLS: Your Honor, I would

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506 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 help me. Q straight. (By Dr. Grossman) So let me get this The upper air data was out of your object to counsel testifying. We're understanding

the regulatory program and we have somebody from the program on the phone. MR. GOAD: Your Honor, I'm trying to Dr. Grossman has

facilitate this discussion.

referred to a permit, which, presumably in Ms. Chick's view, is the air permit. talking about a license. Here we are

It's a different object. Thank you. That did

DR. GROSSMAN:

bailiwick and over into the people who ran the AERMOD model. They looked at that data and pretty

much did the same kind of quality control on it that you had performed with the surface data; is that correct? A Well, I don't actually know anything, to

be honest with you, about the upper air data, particularly for the radiation permit because I don't -- you need to understand, the radiation permit and the air permit is overall CDPHE, but they have different rules that apply to them and different regulations and different processes and different folks doing it.

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507 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 What happened in this case with this permit was because this was a radiation permit under the radiation regulations, they had to collect a year of preconstruction data. So air and

radiation got together and made sure that we were happy, both programs, with the data that was collected. But normally, if this was just purely

an air permit, there wouldn't have been a requirement to collect all this background data. That was under the radiation permit. didn't have any involvement. But then I

I don't know who is You

up there that looks at the upper air data.

will have to ask the radiation program folks. Q Okay. Last question, and I thank you

very much for helping us out here. You've mentioned that three years of data have been taken. towers down. They certainly didn't take those

They are high-quality instrumentation Are you planning to

sites, as far as I can see.

use all three years of these data in the air permit? A You would have to ask our air modelers

that question, if they used all three years. DR. GROSSMAN: Thank you very much. Don't leave,

THE HEARING OFFICER:

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508 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Q Ms. Chick. questions. MS. CHICK: Okay. Mr. Stills. We have got some more people with

THE HEARING OFFICER: MR. STILLS:

Thank you.

CROSS-EXAMINATION OF NANCY CHICK BY MR. STILLS: Q Good afternoon, Ms. Chick. It's always

absurd to stand here talking to a speakerphone, but I appreciate your patience in answering a few questions here. Let me know if you have any

problems hearing me. A Okay. MR. GOAD: please introduce yourself. MR. STILLS: Thank you very much. Mr. Stills, would you

(By Mr. Stills) My name is Travis Stills.

I'm an attorney working with Sheep Mountain Alliance, who is a party in this matter. have a couple of questions. How long have you been working with the data out at the Pinon Ridge site? A Well, pretty much from the beginning. I I did

would have to look at my files.

From a year or two

before they started collecting it, they had to

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509 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 submit a quality assurance plan on how it was going to be collected, both the PM10 and the meteorological data, and get my approval. So I had

a lot of meetings with the applicant prior to all that and a lot of going back and forth and correspondence on getting the plan approved, and then I reviewed each quarter of the data for three years and wrote back and forth to them on that. And I haven't had too much involvement since they finished collecting all that data. Q And who from the radiation program were

you working with during that time? A Well, Phil Egidi, roughly, I mean in the

sense that I copied him on my correspondence, and Steve Tarlton and Phil Egidi were at some of our meetings with them, so that was who I was working with. Q And did Energy Fuels put forward numerous

proposals of how to collect the data? A Well, basically -- no. Basically we had

an initial meeting or two with them and we kind of agreed that there would be five radiological stations and two PM10 stations, and two towers: 10-meter and a 30-meter. Q And this was -A

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510 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 A And then a lot of the back and forth was

making sure the quality assurance for all those things was appropriate. We reached agreement

fairly early on about what the program would look like in terms of the instrumentation. Q But there were disputes over what should

be collected? A Not really. There was the 30-meter

tower -- we were hoping that the 30-meter tower could do 2- and 10-meter delta temperature, and the design of the tower precluded that. So we didn't

have that from a 30-meter tower, but we had that parameter from the 10-meter tower. Q A You went with less data instead of more? Well, we didn't have the ideal of -- it

would have been nice to have the delta temperature which tells you the structure of the atmosphere, if there's inversions from the 30-meter tower from the 2- and 10-meter levels. But the tower is a

collapsing tower that telescopes; they couldn't put a sensor on. That was the only thing that we would

have liked to have had, but we had it from the other tower. Q Would that information have provided a

better understanding of the circumstances at the

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511 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 mill site? A Well, you should ask -- more data is You should ask the meteorologists

usually better.

whether they felt it had a material -- the modelers -- whether they felt how material that would be. Q And is there anybody else, other that

Phil Egidi, that you were in touch with over at the radiation shop, and Steve Tarlton. said Steve Tarlton as well. A Pretty much just them. Occasionally now I'm sorry. You

I have lunch with Edgar Ethington and talk to him about it, but officially during the project, it was Phil Egidi I was just copying everything on. Q And so it's fair to say that you helped

design the data -- the air data model -- or the air data gathering facility. A Yeah, not the model. Along with some --

a lot of our modelers down here, they let me know what parameters they wanted off the towers. Q And that design was used for both the

license and the Clean Air Act permitting; is that correct? A Yeah, it should be the same data. The

same data and so forth should have been used for

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512 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 both. Q When was the application for the air --

for the Clean Air Act filed by Energy Fuels? A I don't know. You would have to ask the

permit engineers that. Q A Are you still working on that permit? No, not really at all. My role is more

to supervise data collection -Q A Let me rephrase my question. -- and then approve the data, and then it

goes to the modelers and the permit folks, which is a different part of the Division, so I don't know when they got it. Q Okay. Are you familiar with the size of

the mill that's under scrutiny by the Air Pollution Control Division? A Oh, I have seen descriptions of it just

in a general sense, that it's going to have disposal cells and so forth. Q process. A No. I've probably seen that figure in But as far as how much ore it's meant to

the past, but no, because I'm not an engineer so I don't look at pollution controls or the size of the facility or anything like that. We are highly kind

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513 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 A of specialized here as far as what we do. Q I appreciate that and your answers to

these questions are very helpful. Who would those engineers be? You know, I'm not even sure I know who

was working on that permit, who got it delegated to them. But on our section, they would be working on

the air permit, not the radiation one that you are holding a hearing on now. Q No, I'm aware of that, but I'm still

interested in who is working on the air permit from the CDPHE over on the engineering side. MR. GOAD: Your Honor, I would like

to go on the record as objecting to questions about the air permit, which Ms. Chick has already said is still pending. THE HEARING OFFICER: Well, you can I

ask her who the engineers are, if she knows. don't have a problem with that question. MR. STILLS: And as to the

objection, the air pollution permits were submitted as part of the radiation control application by Energy Fuels to meet their burden that they carry to getting a license, so it's highly relevant to these proceedings.

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514 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 much for that. I think that's all the questions I have for Ms. Chick. I appreciate your patience on a MS. LUCAS: Those were courtesy

submittals to show that those applications were filed. They weren't relevant to the determination

on the license at all. THE HEARING OFFICER: argument, folks. end of the day. Q (By Mr. Stills) Do you know who those You've got an

We'll hear that argument at the

engineers -- well, first, do you know who they are specifically working on the Energy Fuels' permitting? A Q No. Do you know -- can you give me the names

of the people that it might be? A Well, what you should do is Chip

Hancock -- R.K. Hancock is the head of permitting, so he would probably know who the -- or could look up who it's been assigned to. MR. STILLS: Is that information we

could get outside of the testimony? MR. GOAD: MR. STILLS: Sure. Okay. Thank you very

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515 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 very interesting communication. DR. GROSSMAN: ask one last question? THE HEARING OFFICER: Let me -- do you have questions? ahead. RECROSS-EXAMINATION OF NANCY CHICK BY DR. GROSSMAN: Q Ms. Chick, I have just one last question. You said the stability calculations were taken from data only from the 10-meter tower; is that correct? A Yes, I believe so. I can't remember if Just a minute. Go Your Honor, could I

Questions?

they would have used the data from the -- there was 30-meter, 2 and 10 -- I think there was a 2- and 30-meter temperature sensor on the 30-meter tower, but I believe they tend to use the 2 and 10 and there was not a 10 on that tower, 10-meter temperature sensor. Q So there were two stability observations:

One at 2 meters and 30 meters on the 30-meter tower and one at 2 meters and 10 meters on the 10-meter tower. A Yeah, but I don't know whether the

modelers actually use that 2 and 30 because a lot

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516 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 of the modelers use -- models use 2 and 10. DR. GROSSMAN: Okay. Thank you. Ms. Lucas, do

THE HEARING OFFICER: you have questions?

CROSS-EXAMINATION OF NANCY CHICK BY MS. LUCAS: Q Hello, Ms. Chick. It's Olivia Lucas for

Energy Fuels.

I just had one question to clarify.

You and Mr. Stills were talking about the amount of data collected and used. That was in the

context of the air quality permit; is that correct? A Well, it would be -- it would actually be

both, because what I was talking about is the meteorological data, the wind speed and wind direction data by 15-minute averages and hourly averages. And the intent was to use that data And on our side, it I don't know

somehow for both permits.

would be used for modeling an AERMOD.

what it would have done on the radiation side, but the data was actually collected because it was a radiation permit requirement to collect a year of data. So theoretically the same data should

somehow be driving both analyses. Q But your involvement with the data is on

the air side?

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517 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 trouble. MS. CHICK: MR. GOAD: Okay. Thank you. It's ten A Q Yeah, it's on the air side. Do you have knowledge, from your

experience in the Air Pollution Control Division, on an air permit -- sort of the general how long an air permit takes to go from application to being issued, on average? A No. It can vary a whole lot, and I know But you'd need to

we have delays on our permits.

talk to Chip Hancock about those types of questions. MS. LUCAS: Okay. Thank you. Mr. Goad, do

THE HEARING OFFICER: you have anything else? MR. GOAD: No.

THE HEARING OFFICER:

Anybody?

Ms. Chick, thank you for your time and

THE HEARING OFFICER: minutes until 4:00.

And I assume I have some folks My

in the room that want to make public comments. inclination would be to go ahead and do that and then to see how much time we have left.

I'll leave

it to some dialogue between you folks about who we

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518 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 fine. might pick up with and whether there are people -some of these State folks that are going to disappear or whether you want... MR. STILLS: Your Honor, we have had

some of those conversations and with perhaps five minutes for us to have a conversation, I think we can solve that. THE HEARING OFFICER: Okay. That's If you

Let me make the announcement again.

are here and you wish to make a public comment, oral public comment, there is a sign-up sheet back on the table back there. I need you to print so I

can read it, who you are, where you are from, and who you are affiliated with, if anybody. I mean, I

get people here from labor organizations or environmental organizations or an employee of Energy Fuels or whatever the case might be. like to have that information. It's a very simple form. go on a sheet. Six people can I'd

If you would be so kind as to do

that, after our five-minute break, I will pick the sheets up and call on you. And the movie people You will be

want to do their microphone thing. under oath.

You may be asked a question just

because somebody doesn't quite understand what you

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519 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 are talking about. Nobody has yet cross-examined

anybody offering an oral public comment and I don't anticipate they're going to, but you may get asked a question if somebody has one. (Recess taken, 3:53 to 4:07 p.m.) THE HEARING OFFICER: following people to stand up: I need the

Sarah Fields,

Richard Craig -- and if I mispronounce these, let me know. Elmer -- is it Plumber? ELMER PLUMLEE: Plumlee. Plumlee. And

THE HEARING OFFICER: Edwin Schlapfer.

How badly did I butcher that? That was good. I've got you

EDWIN SCHLAPFER:

THE HEARING OFFICER: four on the list.

Raise your right hands.

(Participants sworn.) THE HEARING OFFICER: you are first on the list. stand. SARAH FIELDS: couple of things to say. I just -- I have a Ms. Fields,

That's the microphone

Earlier today, the

question came up of what exactly is on the record and what can be added to the record. The purpose of the public comments and this hearing are to establish a record, to add to

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520 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 the existing record of the application and the documents generated by the Colorado Department of Public Health and Environment. What controls is

not any court order but the Atomic Energy Act which requires these hearings. This hearing requires an

opportunity for public comment, so any comment or any party can add to the record. Then there was a little discussion of the MILDOS and MILDOS model; and apparently at this time, they are just guesstimating based on various default models. It's very hard for a member of the

public to figure out exactly what they are using as an input. This MILDOS model is also used to

determine the dose to the nearest receptor or the nearest resident or agricultural enterprise around underground uranium mines. And in that situation,

they actually measure the radon that comes from the radon vents and they use that in the model. But apparently at uranium mills, they do not actually use actual measurements of the emissions into that model. I've still been trying

to figure out how the uranium mill licensee uses the measurements of the radon emissions that are required at the tailings impoundments once a year and which must be reported either to the EPA and,

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521 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 in the case of Utah, to the Utah Division of Air Quality -- how that data and information goes into that model. From the information I have been able to glean thus far -- and I may have missed something -- it's hard to understand what measurements, what kind of monitoring will take place at the proposed mill site of these emissions. And I don't mean monitoring of emissions at the edge, but I mean monitoring of the tailings impoundment, monitoring of the material that comes off the stack, out of the stacks, monitoring of the actual ore pads and other of the numerous sources of both radon and radioactive particulates and how the results of that monitoring will go into this MILDOS model. My understanding is they have default parameters and they just use those defaults. has been a big issue at the White Mesa Mill, particularly since there has been dispersion of uranium offsite, which also leads to another big issue. Often these materials, uranium and other This

effluents, move offsite, and yet there is no requirement to clean them up in a timely manner. Windblown tailings may go in all kinds of

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522 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 directions, and when do they get cleaned up? They

get cleaned up when the mill closes down rather than a continuous program to ascertain the offsite emissions of particulates and offsite dispersion in the ground and surface water of the radionuclides and demand timely cleanup of those dispersions. I'm not sure what plans the Colorado Department of Public Health and Environment has for timely cleanup of any offsite dispersions, but I think it should be part of the license. I have been going particularly over the staff's environmental analysis. inadequate document. I find it a very

Both in one of the most basic

issues of the environmental analysis and their technical analysis is there is no table of contents. The paragraphs in the sections aren't

even numbered so that you can figure out, without keeping scrolling through these over 100-page documents, to find out where things are and what's what. And then it makes it difficult to also make

comments, because these two documents, the technical evaluation and the environmental analysis, are two of the most important documents. Clearly, the Department didn't contemplate public comment on these documents when they were issued.

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523 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 you. Craig. Another issue about the MILDOS is how often the MILDOS will be calculated for the site. I know at the White Mesa Mill, it's been years since they calculated the actual MILDOS, so that is an important issue, and it's important, again, for the public to understand how this all comes together to protect the public health and safety. Thank you. THE HEARING OFFICER: RICHARD CRAIG: Mr. Craig.

My name is Richard We expressed

I'm on the Nucla Town Board.

ourself in a letter that the Judge has as our feelings towards this mill. And I guess I'm the

public face of the Board because I'm retired and the only one that can get off. I don't have any technology stuff for But what I do have is our support. And I

think -- I appreciate all the people that's came to protect us from all this environmental stuff, but maybe you ought to take a Geiger counter and run out there right now and see how much radioactive dust is blowing around in the wind. lived here for years. People have

They're healthy, we're safe.

If you look around, you don't see a burned-out space. We've got cattle ranches.

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524 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 So we can pretty well, around here, take care of our environment. It's obvious. And I'd

really appreciate it if we'd quit this hearing, because we have been at this a long time and I have spoke more than once. let's get going here. And I think it's time to We need the jobs. We need

the whole magilla of everything.

Of course, we

aren't going to get them right now because of uranium prices. Everybody around here knows that.

But someday, they are going to come up, and then we are going to get going. jobs. It's as simple as that. We need the

I think we have

heard over a year of how bad we need jobs in this country. Well, here's a chance. And I think that

the people in this area where it makes a difference has looked at all this. They have been in the And so we'd

business forever of mining uranium.

kind of like to take care of ourselves and do our thing, and with technology the way it is -- it's not 30 years ago. We are in now. Technology is

unbelievable, in my life span. So I think we need to quit doing hearings and let's get going. Quit messing with this stuff. And the

Get the permits and let's get to work.

environmentalists, again, I thank them for showing

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525 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 up, but some of them can go and look at their area. There are quite a few things they could take care of there in automobile pollution. THE HEARING OFFICER: So thank you. Mr. Plumlee.

Spell your last name for me, Mr. Plumlee. ELMER PLUMLEE: P-L-U-M-L-E-E. Okay.

THE HEARING OFFICER: ELMER PLUMLEE: private citizen.

I'm here just as a And when

I moved here in 2000.

this mill started going on, I thought it was a good deal for the jobs. And then when it was brought up

about the dust out of Paradox showing up in Telluride, what about the dust out of Utah, Wyoming, Nevada, Texas? There's a lot of that dust

floating around from all those other areas also. Silver Pick, they just reclaimed an old vanadium mill, and there are still mine sites on those hills that have still got uranium and vanadium that's available right on the surface. This community needs the jobs, and with the safety valves that are put in place, I believe that the mill will be safe and be good, very good, for this community, Montrose County, and even Telluride. There's a lot of money that will be

floating around those areas that's not there now.

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526 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 That's what I have to say about it. THE HEARING OFFICER: EDWIN SCHLAPFER: Mr. Schlapfer.

I do have a little

lengthier piece to speak to, and I was going to offer -- if someone wanted to speak perhaps before me. I don't want to mess up the system here. THE HEARING OFFICER: the last person on my list. EDWIN SCHLAPFER: Okay. I live in I think you're

Ophir, Colorado, incorporated San Miguel County. I'm basically going to have just a list of items I'm going to speak to. I know that, Your

Honor, you've heard a lot of testimony and I'm sure a lot of you have been here. And I'm not an expert

on this and I'm not a public speaker or an attorney or somebody that's good at this stuff. But I do

appreciate the opportunity to be able to speak here to you and to the citizenry that's here. It's an

honor to be able to at least speak, even though we may not agree on everything here, on these various issues. The first point that I would start with is the National Academy of Sciences has stated that there is no safe level of radioactive exposure. The rationale behind that is that throughout the

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527 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 day, we all get exposed to various things. They

may not be radioactive; they may be other things. And they damage the DNA strands. happen, the body fixes it. But we never know which DNA strand is going to be ripped, if it's one that actually matters. So when a protein comes up next to that When we have that

DNA strand and tries to do a replication of the cell, is it going to make a cancer cell? In most

cases, it won't matter, but if the body doesn't get that one that doesn't help us get fixed, then we have a risk. So it doesn't matter -- you know, one

rip or 20,000 rips, we just -- there is no safe number that we can put down on this. And so that's

kind of a starting point that I wanted to begin at. And so, you know, when I go to Moab and I sit down at Milt's Hamburger Stand that's been there since the '50s and the radio is playing -that's when I'm sitting inside -- you hear nothing but ads, one after the other, for people trying to find people that have illnesses that are legacy illnesses from the area. And you kind of wonder,

if there's enough money to be made to pay for all these radio ads, there's obviously a flow of money back in to pay for those radio ads; and, therefore,

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528 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 we do have a problem with people that have gotten sick in the past. According to the U.S. Department of Energy Office of Legacy Management, the ten-year latent fatality risk goes up 1,600 times if you live near an underground uranium mine in operation versus one that's not in operation. And this is

from the Uranium Leasing Program Final Programmatic Environmental Assessment from July 2007, Page 5-26. So in other words, when we have this stuff in rock, it is fairly safe. But when we

crush it up and dig it out, that's when we start running into potential risk factors. all of us are different. You know, and

Some folks here are

willing to take higher risks; others are willing to take lower level risks. Let's face it. By living here, we take a

higher risk level because we are up above most of the atmosphere, the majority of the atmosphere, as far as density goes. But we get a benefit from

that, because we live in beautiful surroundings. When you drive in here, you'll see that. But if we have someone externalizing costs on us that's just trying to make some money, well, that's fine and we do have jobs created from

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529 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 that potentially. Then the question is: How far

are we externalizing those costs and are there the benefits for the greater members that live in the community. Also from that same document, you can actually measure the latent cancer fatalities just from a truck passing you on the highway or stopping at the stop light, say, in Ridgway, to be used as an example. That's on Page 5-12, Table 5-4, again The number is And not

from the July 2007 assessment.

astronomically small, but it's measurable.

all cancers, you know, express themselves within a ten-year period, as we know with smoking and so on, which is another example of how we can rip our DNA strands apart. This is kind of a little bit off topic, but just something that I think about is back on June 18, 2009, the United States Supreme Court reaffirmed the equal guilt and financial responsibility when one party is enabling with knowledge another party to make something that causes public harm, even though the first party was not involved with the manufacture of that harmful item. We have 13 dust events recorded, that I

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530 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 saw, in the snowpacks. When I'm digging and I cut

down through the snow, I can see these red lines, and that was two years ago. And, you know, the

mud, when you go backcountry skiing late in the season, it gets pretty darn heavy on the cross-country skis, so you can't just wipe it off; you actually have to hose the skis off. have a lot of dust in the air. So we do

And that is a

problem because we've got all these legacies from Moab and from other areas around that we are all deciding to live within. But my question is: Do

we really want to be adding a potential more to that load that we are already dealing with. And so the new technologies -- and you folks are much more up to date on that than I am, but when I was reading in the paper about using sprinklers to keep the dust from flying, that's pretty old-fashioned. I mean, we are talking --

that was cutting-edge back in the Roman days where you had aqueducts bringing stuff in and you could potentially run sprinkler. So sprinkling a pile when we have an issue with water to begin with down in that site, to me, you know, I don't want to see this really dark, but if you have a mill operating and you're

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531 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 having to truck in water loads after water loads to keep things functioning down at the mill -- the first thing is to keep the mill running and if the wind starts whipping up, are you instantly going to have that sprinkler on, how much of it is going to get blown before the sprinkler actually gets turned on, and then are you really going to devote the amount of water required to wet that pile down? And how much sprinkling do you really have to do to set down some of these piles? And if there's a

breakdown in the mill and the pile gets bigger and then you have this massive area that you've got to sprinkle, these are all issues that are kind of discretionary and not necessarily, you know, 100 percent. So we have a big economic engine -- we're all small towns here, but Montrose is roughly 50 air miles. And, you know, I'm repeating a lot of

things, I'm sure, that has been said before by most folks here and that testimony yesterday and today has already done, so I apologize for that, but it is at least representing my concerns for these issues. And then, of course, you have the

Telluride economy a good 50 miles away, and so that's something to consider too.

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532 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 You know, according to the State of Colorado, we were supposed to be wearing dust masks when we were going by that Silver Pick site that was being reclaimed, and, you know, nobody wore dust masks in the car driving through, but that's apparently what we were supposed to be doing at one point. And so the State would not make a comment

like that unless we actually needed to do something or there was an actual risk that they needed to talk about. On a separate issue, the yellowcake that we are talking here is simply going on the international market, sold to the highest bidder. It's going to whoever has the money. And if the

United States decides that China is on the allowable list or Russia is on the allowable list, that means that we potentially could be looking at a nuclear proliferation situation, because the Chinese are the main connection to North Korea currently, not that they'd want to sell something to them. The Russians are the main connection to

Iran right now, and they both sell currently conventional weaponry to them. I'm not saying that

this would happen, but the problem is we have an avenue there. And once it's over there, we have no

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533 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 more control over that product. Another thing that really bothers me is that if we have a very limited amount of this particular element as far as the planet goes, why would we not consider a more strategic reserve at this point in time. And if, in a 100 years from

now, we figure out a better use for this product, then we have it in-house and we are not going and begging hat in hand for it from some other country in the future after we have dug it all out and made our money. I'm sure the issue of the multiple sulfuric acid trucks have been talked about. much as we would all like to think, you know, humanity, even with its best efforts, is unable to engineer accidents away. can, but we can't. We would love to think we As

And we know that statistically

there are risks that we're going to have with that. And as far as the ore trucks go, you know, it's a tarp, is what they all have to have on them, and that's it. And we have seen those tarps,

the auto-deployment tarps, and at 50 miles an hour, that's not something I necessarily want to be riding behind, but I very well may be. There's other issues, too, that I have

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534 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 seen in the past where, say, Energy Fuels has put in at 500 tons per day and then the website says 1,000 tons per day, and these changes make huge differences in how much water we need to actually try to run the plant. That same Department of Legacy Management, Uranium Leasing Program Final Programmatic Environmental Assessment from July 2007 predicts up to 300 one-way truck trips a day from our legacy lands. Now, that's their maximum.

This doesn't account for private land, BLM lands that are opened up for uranium mines. So that

alone would be a hauler every two minutes over a 10-hour workday. And, you know, most of us are familiar with our small highways and our limited passing lanes and so forth. This would be a significant

impact if we have haulers -- and in most cases, we may see double haulers -- trying to pass something like that. So unless we really have powerful

vehicles to do that with, that's going to be a strong -- there's going to be a problem with it. So sulfuric acid, you know, that was discussed years ago with the issues down in Rico where they had a molybdenum mill, and people used

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535 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 to have to put -- you know, they would have a break and then things would leak and then they would have to put wet towels under the doors and close their windows, and you could forget about having a metal -- back then, everything was metal -- fly screens. Those would just rust away. That was a

cutting-edge mill, and yet they still ended up with lots of situations. And they just barely dodged

the bullet on cleanup themselves for being designated a Superfund situation. minutes south of where I live. And so a friend of mine, he was looking to buy some land and then he started digging deeper and he discovered he's going to have to dig off the first X amount of inches of this land and then put fresh dirt down on top of it. And so there are This is about 20

legacy costs that -- you know, from things that aren't even uranium-oriented. You've probably already heard that we have committed to over a billion dollars on the Moab cleanup to one big pile to another location there. This is tax money. These are costs

externalized onto society. So the most prevalent isotope is U-238, which has a 4.5-billion-year half-life. So we have

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536 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 got to look at that. Even though that doesn't go

very deep as far as -- and that's one reason U-238 isn't as dangerous as other things, as far as it doesn't penetrate very deep. But the problem is if

you breathe it in, then you've got it in tissue and it's just sitting right on those cells. So it's

not like the sunlight where we have developed over generations and generations an ability, hopefully, not to get as many cancers. This is something a And so we

little different that we are looking at.

are talking beyond geologic time of 4.5 billion years when the sun is going to do its red giant, and so we can pretty much consider this a forever situation. And forever, that reminds me of what they call the forever liner. The liner, from my

understanding, is essentially two-sixteenths-inch sheets of plastic with some metal wiring through it and in an inch of clay. And if we are talking

about living -- or having this down in the valley, in the Paradox Valley, where they are looking at earthquakes, man-induced earthquakes -- which we've throttled back on because we are not doing as much pumping of the water down to desalinate it, into the deep earth, so that we don't have as many

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537 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 issue. earthquakes. If you are piling tons and tons and tons and tons of material onto a surface like that, even though you have some electrical lines going through it to let you know when it rips, you've got -- oh, there's an electrical connection that we lost. know, these are not ultradense little things. There's going to be rips and things are going to happen. And when you have things shaking and You

you've got tons and tons of material on it -- even the instigator of the whole Paradox mill idea here said that liners leak and that's just how it works. And so the idea is they are going to use smaller pits to put this stuff into. But then that opens up a whole other Now we have got this ability to throw And if you do that and you

garbage into an area.

use smaller pits, then you can easily line a different pit a different way and ask for approval from down at the Montrose County Commissioners to potentially put other types of waste; alternate waste streams is what they call it. And so now we are looking at, you know, how far up do we want to notch that waste stream. If you can make -- if there are hundreds of trucks

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538 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 a day potentially that can come in -- you know, logistically, you are going to have a limit as to how many can drive in and out -- for 20 years and you get $10,000 a barrel for, say, a very dangerous waste, that's the ultimate cash cow. I mean, we

are talking billionaire territory on that end. And so, to me, this is -- once you've created and set up something here and you have things like the Montrose County Commissioners shaking their fingers at the community saying, Energy Fuels can at any time put their application in for an alternate waste stream, that tells me once the effort has been done to set up a waste cell in an area that has waste cells, then that's easier to go and put it there than to start the whole process over again and go somewhere completely different. The water issue I'm sure has been discussed at length here, and so hundreds of gallons of flow per minute, that's something that I just see alternatively potentially could be used in a drip irrigation system. It's ironic that down in

Paradox Valley, a handful of long-term sustainable farming jobs have kind of started budding out of this, and that now people may not want to buy from

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539 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 those farmers if something does become a problem over a potential mill there. But that water could

potentially be used for a higher purpose. The jobs issue, I'm sure, was hacked, hacked, and hacked on. At one time, it was 85

jobs, and just looking at it from afar and being somewhat novice on this whole thing, you do realize that we're going to have some front-loaders, some big front-loaders are going to be operating, we are going to have some haulers, we're going to have some water haulers. And the company -- if this was my company, I would want to have a vertical integration, just as they are doing by buying the mines and then having the mill. And so if you can

have your own water haulers and so on, the reality is that they are going to pay what the market bears. And so if we have a community that needs a

job really bad and is willing and able to get their CDL license to haul various substances, that amount that's going to be paid to the front-loader, to be paid to that hauler, is going to be something that's not what some folks may want to wish that they could get paid. Sure, there's going to be a boss at the

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540 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 factory, sure, there's going to be the chief accountant, there's going to be a VP and so forth, and those folks are going to get decent salaries. But as far as the economic benefit, I would really question how many jobs are we really looking at and what true pay are we thinking on that? So Energy Fuels is legally, by design, out of Canada, out of a stock exchange that is the most lenient as far as regulations go. This stock

exchange is really a purview within one's -- if one has money to put into a stock exchange, this would be the more gambling side of the stock exchange, because even a friend of mine who writes analysis software for investors that want to do exchange -work on those exchanges -- you know, it's purely a gambling situation when we come down to this. don't know how good an idea it is to have a Canadian foreign firm working something like this. And yellowcake is what we are talking about here. This is a cradle-to-grave situation. So I

We're in the cradle right now, and eventually things will go on to the grave. But yellowcake is And we

still early in that process off the cradle. remember the nitrous story, the false nitrous

story, was the cornerstone on the State of the

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541 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Union address for the reason for going into Iraq. We didn't want the smoking gun to be in the form of a mushroom cloud. And this is the stuff that we We are going to

are actually talking about making.

be hauling this stuff across the United States and potentially up into Canada or who knows where. The Dolores River is only six miles away and it's got a tiny, little, narrow bridge across it, and this tiny bridge is just asking for an accident. If you have ever driven across it when

you've had a true semi going by, it's a tight, tight, tight bridge. Now, I'm sure they can

mitigate those things and maybe make it a one-car at a time type thing, slow it down and stop people. But at this point, that's the Dolores River. That's the tributary. something into that. I already mentioned that nuclear dumpsites constantly get up-zoned. And, you know, We don't want to spill

we are talking about an aquifer here and we don't know how to clean up aquifers, essentially. We can

maybe do a few things, kind of pump some more water down and pump things up. But that was something in

previous hearings in Montrose that was discussed, that, you know, we really can't clean up aquifers.

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542 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 That's just something that's not possible. We have spent tons of taxes -- it's on the website from the Department of Energy -- on cleaning up Colorado from the last boom and bust. And I'm not sure if this country can really afford to continue to do such deep cleanups. let's face it. And then

We really don't do a cleanup; we

just mitigate down to a point where we have an acceptable level of exposure. Another question, to me, is: Do we We

really need this particular item currently? have 907 metric tons of fissionable uranium stockpiled already. is the spun-up stuff. metric tons. This is not yellowcake.

This

And the Russians have 903

And historically we have run over

half of the reactor fleet in this nation off the old Soviet stockpile. That's when the Soviets fell

on their face and we got it for pennies on the dollar. Now, currently, of course, we can't buy it for pennies on the dollar anymore, but there's a price to what will happen and what amount you have to pay to get some more stockpile if you want some of that similar-sized Russian stockpile, plus we have a stockpile.

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543 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 And then, of course, we have reactors that also run on MOX fuel, so we are talking plutonium. And when we're talking plutonium, you

know, we have got 92 metric tons of it, the Russians have 187 metric tons, France has 57, Britain has 85 metric tons. So the question, to

me, becomes do we really need to be digging this stuff out just because it just barely makes money for somebody to do to sell it off. Another reason I wanted to speak today was that the bond is probably the reason we got to be here and speak to it again. The bond required

for cleanup was 10, my understanding, and now it's proposed at 15 million. And if we are looking at

that, if one of these cells fails, cleaning up just the evaporation pond or cleaning up the mill, the mill operation very possibly -- the thing could -the business could get milked and then it's pretty much penniless and then they do a bankruptcy and then the shareholders or whoever pretty much get nothing. the bond. There's no money for cleanup except for And so we have enough to maybe tear down

the facility, put the facility away, the actual mill. I don't think that will go anywhere near to

cleaning up a pile there -- an evaporation pond.

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544 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 So this number to me is totally laughable, when we're spending like $10 million just for a third lane for a short little distance on Highway 145. I mean, my gosh, we are talking

massive amounts of earth moving, massive, to do a cleanup or to do a mitigation. So then it just

becomes the taxpayer that gets to pay for it again. So in any case, I guess it was we can dump 500 tons, is my understanding, 360 days a year for four years, so that's back to -- you know, we really could make some money here. And, to me,

this may sound a little strong, but as a country, we really don't have any need to be digging this out. We don't need to be digging this out for any We've got it in place. Yucca Mountain wasn't approved, and it's ironic that the Yucca Mountain site, if it was approved -- if we just took Hanford, the second most polluted site on the planet, and did a majority cleanup there, not a full cleanup, it would fill up Yucca Mountain. And we wouldn't be

reason.

dealing with anything that's sitting around in our current reactors that needs to be put away. And so Yucca unfortunately failed its test because they found out there was a way to

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545 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 measure it late in the game. Somebody decided,

oh -- mankind had created a new element and we had a time marker and we could actually measure how deep did the water go into Yucca Mountain, and it was the Trinity explosion that created that new element. And so it failed. And so that's -- of

course, then they changed the measuring thing and we then said it was kind of okay and so on, but now it's at least temporarily shut down. So when we

have a Hanford currently sitting, I don't understand why we want to be adding to this. When we're talking -- if we dig this out, we are creating a future use for this product, and sometimes we really don't do a good job of deciding what we want to do in the future. For example, we

had, on the Trident submarine, the most lethal weapon that humanity has ever created. We had the

D5 missile, which had eight individually targetable warheads and a full 16 years left before the Department of Defense even said it needed to be replaced. But we went ahead and built a new missile and -- excuse me. The new missile is the D5. And

then we had to do extraordinarily expensive reoutfitting, because they're slightly larger, to

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546 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 reoutfit the submarine so they could put them in. So this is kind of -- when we have lots of stuff sitting around that we don't know what to do with, these are the types of things that we end up doing and we just end up giving Lockheed Martin and other companies like this profits just basically off the taxpayer. These are not things we -- microphones This is

being created or glasses being created. simply churning, in my opinion. I'm winding down here. a lot of these items already.

This is... I have touched on

We like to think of being safe in some ways and taking risks in other ways, and we have had risks in the past with -- you know, we all -most of us here, we kind of grew up with the demologies of potential nuclear war. And we really

don't, I would say as a nation potentially, trust the Russians to deal with their current supply of weapons. We've had Russian generals say that they

can't account for all the various items, including the, quote, suitcase-type devices. And yet we think of ourselves as being totally safe. You know, we have a level of safety

to make sure nothing goes out of -- that we don't lose something, that something doesn't disappear.

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547 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 And just a few years ago, we had six of our nukes lost for over 24 hours. And during that time that

we had no idea where they were, they were inside an aircraft crossing from north to south across the country, and the pilot had no idea that that was on board. So I think we need to think about. The other kind of 500-pound gorilla that's in the middle of the room is that these reactors that we use, you just have to knock out the primary and secondary cooling. And if they

can't cool, they have problems, and we saw that recently in Japan. And they're talking 100 years They

potentially for the cleanup in Chernobyl.

have half the money for the other sarcophagus that's supposed to last 100 years. And eventually

they're going to have all of it and build a sarcophagus, surround it, and then they're going to spend 100 years dismantling. This doesn't happen to every reactor, but when we have -- when I can go on the Internet and find solar panels -- now, granted, solar panels are not baseload dispatchable power. They are, say, 30

percent of a 24-hour period, you can have some power. But if you can make that 70-cents-per-watt

panel which is -- you know, that's $700 for a

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548 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 kilowatt of energy infrastructure. So to run a

small hairdrier, you need -- it's 1000 watts, let's say. And so if you need an infrastructure to pay -- to run 1000 watts -- you know, when you have the head of a private firm in Germany, the CEO -- I was reading this in the Wall Street Journal a few years ago -- saying that -- and they're in the sling up in Finland on the newest reactor that's being currently built. They're saying any nuclear

reactor will cost at least $12,000 per kilowatt of infrastructure, and I can get for $700 myself, let alone being some big utility-scale purchaser, a solar panel -- granted, you are going to have to rack up, you're going to have to put transformers in and all that. So we are talking, let's say, And then you want to do a

$1,000 per kilowatt.

natural gas facility; that's about $1,000 per kilowatt. If you want to do a cutting-edge

combined cycle natural gas, we are talking $1,500. So let's say $2,500 for having baseload dispatchable power, so we're comparing apples to apples. Why would we be spending $12,000? And so that becomes a problem because the only way this happens is when we, the taxpayer,

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549 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 guarantee the loan and the banker is no longer taking risk. The banker is just a paper shuffler,

and no insurance company will insure the facility over a fairly small amount. So the private sector This sinks under

says, This doesn't make sense. its own weight.

But when you dig more of this out

in the cradle area toward later in the life, we are going to end up with some costs to us and things that don't necessarily make financial sense. As far as technological breakthroughs in the last 20 years in the nuclear industry, that, I think, is very challenging thing to come up with. Sure, we have more computers and things. But, you

know, if you had thought of any country that can deal with this type of thing, you'd think the Japanese would have their stuff together. When you

go to Japan, you can eat out of the gutters it's so clean over there and they seem to have things together and they seem to make -- you know, they have given us a spanking on vehicle production, historically. So, you know, this is not the

Chinese building a reactor; this is the Japanese. The Chinese, that's somebody we don't necessarily want to be building more reactors. They have a culture where they are going to take

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550 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 risks on, say, that concrete pour. You know, there

may not be enough rebar in that concrete; there may not be a proper mix in that concrete. And these

are problems that even manifested themselves in Finland, where you wouldn't expect something like that to happen. So in any case, given that we don't seem to have our handle on this thing really from the start through to the end -- I know that's a very broad statement. I think that given that this is

nothing patriotic to be digging it out right this moment, I would rather see cleanup jobs being created, that we go rolling up in a school bus to Tipton's office and just demand that he introduce a bill that we get some legacy cleanup work going that can provide actual jobs that actually are -- I don't know if they are government jobs or whatever, something that has a limit to how cheap you pay your employees, that have some health benefits and so forth, and that we just don't go down a road that's compromise after compromise after compromise. here. And I'm not of the opinion of, say, Ronald Reagan in the '80s where -- the Detroit auto You know, we do have limited gains

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551 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 time. workers had that famous meeting on the school bus what to do, and basically two words: move. Retrain and

That's kind of a hardass attitude as far as I think

that goes, and I don't agree with that.

that there are jobs that can be done out here that can potentially help through taxpayer money. would rather have my taxpayer money going to something like that than to subsidizing something that doesn't make any financial sense in the free marketplace, as in the form of a reactor or other things or just nonsaleable items. Japanese make a car. some money. with nothing. we did. Thank you. I really appreciate all your You know, the But I

You can buy and sell and make

If we just build weapons, we end up We just spent the money. That's all

This was a really long piece and thank you

for all your respect. THE HEARING OFFICER: raised their hand. Somebody

I have at least one more

person -- there's a sign-up sheet over there on the table, if you would be so kind as to fill one out. Anybody else that wants to say something, I will come back and get it. (Off the record.)

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552 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 THE HEARING OFFICER: If I could get

Trey Brown and Catherine Peterson to stand up and raise your right hands. (Participants sworn.) THE HEARING OFFICER: come up to the microphone. CATHERINE PETERSON: Well, this -One of you

the person who spoke before me was so eloquent and he had so much information that, you know, it's humbling to actually try to stand here and make a comment, because I'm probably not coming from -you know, he had so much information. But I have one small -- some ideas, and yesterday I was really affected by the people that were looking at the jobs and that they needed jobs. And I feel so badly because I have lived in this area 38 years and in Colorado 40 years, raised my kids here, four kids, and we are sitting over there in Telluride and we have jobs. And I feel like we

have really neglected this part of our county. And all of a sudden, you know, we've got somebody coming in and we haven't really done what we should have done to support, but it's not too late because one of the things we are talking about here is water. This is a really dry, dry area.

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553 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Montrose tried to take some of our water. The

judge said no, it's speculative what you are doing. And that was a good thing. Right now, there's, you know, this whole kind of West End feeling that people are -- you know, he mentioned it and that's sort of my interest because I'm a chef, and, you know, ate a lot of beans and rice raising the kids and everything like that. My son's quote was, We

danced in the kitchen while my mother cooked beans. So when I think about the fact that we do need more food and the cost of gas to bring the food from other parts of the world -- you know, local food -- I see that this area we are talking -- we maybe had a couple of generations of mining, but really before that we were an agriculture and ranching community. And the name

Naturita and the name Nucla -- Nucla doesn't have anything to do with nuclear energy. It has to do

with the nucleus of a community, and Naturita to me sounds like nature. I don't know. It sounds like

the name of some health food product. But when we talked in Telluride when the mines closed -- and I really got there just after. I had friends who worked in the mine. Robin

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554 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Willis, she was the first underground woman. But

we had -- they were diversifying up there, and we were all about forming the ski area. jobs there. We didn't have a job. There were no We could stand

around and go to the bars at night, because they never even thought it would be successful. We

never thought we would get a ski area, but we did. So we diversified. I feel like when these mines pulled out of here, leaving the only mess in this beautiful, pristine area -- when you drive from here to Dove Creek where I went to get my hay this year, my horses live in Norwood and horses I take care of. The only mess is mining that was left, and it was a boom-bust economy that really left a mess in a really beautiful place that people all over the country, when they come into this area -- their jaws drop because the sky is clean. give us really bad press. We can -- if we had planted fruit trees 30 years ago when those mines closed, we could be selling organic fruit right now at well over a dollar a pound. And we could be selling -- we're We've got Uranium could

100 miles away from Grand Junction. Telluride.

When you think about ecotourism and

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555 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 saving pristine areas and economic sustainability, which is kind of my pitch right here, jobs and economic sustainability, because I don't see a mill in uranium mining is going to provide the kind of jobs that you can accept the risks for your kids and say that that's what we have to settle for. I think that we could be looking at new techniques in growing that use less water and provide more food. I think we are right in the

center of an area where we should be inviting people in to come and resettle this area. And we

would have -- it's definitely going to use less water than a uranium mill. desert. We are already in a

And we can have jobs for future

generations if we can provide a clean area of this country to live in. do not have. This is something that people

They don't have it.

Now, we also have a lot of beans out there that are not able to come here and speak. There's birds and bees and honeybees and wild horses and a whole ecosystem of life that we owe something to, possibly, that is of value to us, is of value to future generations, and it's quite possible it's a saleable value. So besides having more food, cleaner

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556 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 water, a healthy -- you know, birds and bees and stuff to help us grow the food, I think we could have a lot of jobs and I think we could produce -we could go back to -- we could skip a generation. Clean up the mining like that previous fellow said and get these jobs going with, you know, grants for agriculture, and, you know, they are growing so much food on so less land and so less water than we ever did before, ever, ever, ever, and it's sustainable. It's good for us, and it's going to

cost us less money. Now, one last thing. We just legalized

hemp yesterday, industrial hemp, not psychedelic hemp. We could have a clothing factory producing

sustainable clothing on land that -- it doesn't take a lot of water. could do something. We could be known even. We

And there could even be grants

out there to build that clothing mill, to get those hemp fields going for rope and fabric, and it's nonpolluting. to grow. It doesn't take a lot of chemicals

So there you go. That's the last thing that I have to say,

but I'm focused on that for you all.

Long-term

economic sustainability and jobs and the environment. Thank you.

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557 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Brown. THE HEARING OFFICER: TREY BROWN: Mr. Brown.

So my name is Trey

I'm here to just talk about the issues.

Edwin was very thorough and I intend to be very short. But I really -- I try to understand the job situation here in Naturita and Nucla. I know

it's a challenging situation, but I'm not sure this mill is a solution to it, in that, you know, it is our environment as everybody's in this world. We

only have one world that we live in, and we haven't been taking very good care of it so far. I think

it could be time to maybe turn this around a little bit. But I don't know of a uranium mill that hasn't polluted either groundwater, soil, or air quality. That said, this could actually -- if it

does pass and jobs are created there, what about the farms in Paradox Valley that have been there for years and years, decades? If you have poor air

quality, I don't think anybody is going to buy their food, maybe even their livestock. know. I don't

They could actually close down, so you could

lose jobs in that regard, and those are people that have been there for decades.

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558 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 I could see this mill being a boom-or-bust situation. for six years, ten years. So, geez, maybe it lasts Great, it's creating

jobs but it's polluting, and the 11- to 15-million-dollar bond that's required for cleanup, I don't think that's going to cover -- I think it's going to cover very little of the cleanup. And so

what I could see Energy Fuels doing is wiping their hands clean, walking away and going, There you go, we made our money. consequences. You guys deal with the

Perfect example is Moab, Superfund Costing taxpayers billions of

site, disastrous.

dollars for an extended 20-year cleanup, a long cleanup. That's about all I have to say about it. It is our planet. I think it's time we take a

stand and start moving in a better direction for cleaner energy. I don't think this is a solution.

I think it's a problem. But on the flip side, if it does pass, I really hope it's monitored, everything is monitored, the soil, the water, everything is monitored by a third party on a consistent and continual basis. So if something does go wrong, we

are not counting on Energy Fuels to go, Oh,

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559 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 everything is okay. Meanwhile, downstream you've Who

got people affected down the Dolores River. knows where?

And they didn't even get a chance to That's all I have

walk in and maybe speak on this. to say. Thanks for listening.

THE HEARING OFFICER:

Anyone else?

We will resume again at 8:30 tomorrow morning. (Proceedings adjourned at 5:11 p.m.)

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560 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 ________________________ Candice F. Flowers, CSR 216 - 16th Street, Suite 650 Denver, Colorado 80202 COUNTY OF MESA STATE OF COLORADO) )ss. ) REPORTER'S CERTIFICATE

I, Candice F. Flowers, do hereby certify that I am a Certified Shorthand Reporter and Notary Public within the State of Colorado. I further certify that these proceedings were taken in shorthand by me at the time and place herein set forth, that it was thereafter reduced to typewritten form, and that the foregoing constitutes a true and correct transcript. I further certify that I am not related to, employed by, nor counsel for any of the parties or attorneys herein, nor otherwise interested in the result of the within action. In witness whereof, I have affixed my signature this 30th day of November, 2012. My commission expires February 14, 2016.

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A abandoned 397:11,12,13 abbreviated 312:12 abbreviation 297:11 ability 299:7 536:8 537:16 able 292:12,14,23 305:9 305:18 311:10 338:21 354:11 368:2 369:10,25 378:8 428:16 450:13 467:22 473:8 474:12,13 484:25 521:4 526:17,19 539:19 555:19 above-entitled 287:17 absolute 307:19 absolutely 305:20 310:8 absurd 508:9 abuts 405:23 academic 464:1,24 Academy 526:23 accept 306:21 495:11,13 555:5 acceptable 315:12 353:12 542:9 accepted 475:7,11 495:14 access 293:17 356:6 368:17 373:13 accident 400:15,19 422:25 423:9,11,12,21 541:10 accidents 422:19 423:5 424:7 426:17 533:16 accommodates 307:21 307:22 accomplish 293:9 account 408:23 482:25 483:20 488:1,6 490:23 534:11 546:20 accountant 540:2 accounts 476:22,23 accumulate 330:12 481:7 505:6 accumulated 492:14 accurate 408:17 494:14 achievable 337:14 338:9 achieve 322:11 337:21 acid 533:13 534:23 acknowledge 466:22 acquire 315:19 385:9 acquired 378:6 453:15 acres 315:19,23 316:11

316:13,13,25 321:7 397:7 417:16,20 418:2,5 440:18,21 act 319:18 366:14 371:17 433:17 511:22 512:3 520:4 action 288:5 392:17,17 395:24 460:24 461:1,5 461:16,17 560:15 actions 395:10 active 316:16 404:13,16 activities 437:16,18 activity 318:24 326:22 397:4 456:12 473:17,18 actual 397:4 419:3 466:8 479:25 493:24 494:3,8 494:11,18 495:23 520:20 521:13 523:4 532:9 543:23 550:16 add 301:23 304:8 335:25 343:9 359:6 378:19 401:2 488:23,25 519:25 520:7 added 343:13 474:4 519:23 adding 342:11 343:8 530:12 545:11 addition 492:10 additional 293:5 318:14 324:5 325:11,13 329:21 330:6,7 331:15 335:24 336:1 413:1 address 331:11 332:4 541:1 addressed 346:1 351:2 365:17 471:14 addresses 334:11 351:7 addressing 461:15 adds 489:2 adequacy 342:22 adequate 342:16 adequately 384:6 adjoining 404:15 adjourned 559:8 adjusted 342:12 administration 337:23 administrative 307:1 309:23 311:6 admissible 347:3 admit 431:16 admitted 290:17 297:7

adopted 321:16 454:3 ads 527:20,24,25 advantage 323:4 371:25 adverse 294:23 advise 398:11 advised 500:8 AERMOD 505:7 506:14 516:18 afar 539:6 Affairs 288:13 affect 319:1 398:6 419:18 423:22 426:22 437:18 affiliated 313:6,7 518:14 affixed 560:16 afford 542:5 afternoon 417:5,11 493:5 508:8 agencies 317:16 345:24 392:12 433:2 467:1 agency 304:14 320:9 392:14,14 420:24,25 421:1 ago 388:9 404:22 440:7 441:10 475:15 524:20 530:3 534:24 547:1 548:8 554:21 agree 341:25 363:15 380:21 385:6 389:24 392:1 397:25 399:19 400:10 402:22 403:3,4 406:24 409:15 410:4,20 411:11 421:4 424:13 426:17 432:7 445:14,15 446:19 453:22 488:9 492:19 526:20 551:4 agreed 315:7,10 318:4,6 342:5 386:8,12 403:7 419:24 509:22 agreeing 318:1 agreement 318:3,3,6 369:25 370:1 384:20,23 385:3,8,20,24 386:2,23 387:13,14 388:6 389:1,2 390:2 409:3 475:7 480:6 485:22 486:5 510:3 agreements 364:24 agricultural 520:15 agriculture 553:17 556:7 ahead 355:13 360:9 361:8 384:9 387:10 460:14 478:11 497:6 502:6

515:6 517:23 545:22 air 335:19 336:13 473:3 489:22 497:7,19 501:12 503:12 504:9,14 505:3,7 505:13 506:7,12,19,22 507:4,8,12,20,22 511:16 511:16,22 512:2,3,15 513:8,11,15,21 516:11 516:25 517:1,3,4,5 521:1 530:8 531:18 557:16,20 airborne 337:12 aircraft 547:4 air-sampling 480:2 ALARA 337:15,21 Alliance 288:7 291:7,14 318:5 368:8 508:19 Alliance's 297:5 368:1 allocated 388:20 allow 291:21 321:1 allowable 532:16,16 allowed 309:7 407:3 alternate 344:3,4,13 537:21 538:12 alternative 392:17,19,24 393:2 alternatively 538:21 alternatives 392:16 altitude 491:2 amazing 483:16 ambiguous 374:2 amount 330:11 336:21 341:8 388:18,19 390:6,8 392:20 449:20 482:4 516:10 531:8 533:3 535:15 539:20 542:22 549:4 amounts 369:6 544:5 Amplify 473:13 analyses 471:21,22 516:23 analysis 295:5 317:15,15 320:8 351:18 378:7 380:14 398:23 419:17 445:22 446:20 447:4 448:3,6 449:10,15 458:25 470:22 471:2 472:11 477:6 479:3 522:12,14,15,23 540:13 analyze 317:11 352:11 378:8 392:19,21 393:2

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394:18 396:4,11 398:21 399:2 419:7 441:1 analyzed 379:14 392:16 392:16 394:5 395:24 399:21 403:1 404:3 405:3 419:5,9 420:18 421:7 458:20 492:2 angry 451:13 announcement 416:13 518:9 annual 480:4 482:15,16 482:17,19 492:21 493:22 annually 335:25 342:7 answer 401:5 432:11 434:19 436:1 444:22 455:1 457:7,11,12 489:18 495:6 answered 401:4 answering 361:14 508:10 answers 332:21 451:23 486:4 513:2 anticipate 299:8 490:5 519:3 anticipated 316:22 anticipates 313:1,12 anticline 383:3 Antony 387:2,16 anybody 293:11 307:17 313:1,12 368:4 416:13 417:4 470:1 499:18 511:7 517:15 518:14 519:2 551:23 557:21 anybody's 368:21 anymore 348:25 487:18 542:21 Anyplace 325:17 anyway 378:22 apart 529:15 apiece 426:8 apologize 375:9 399:12 502:16 531:21 apparently 362:14 520:9 520:19 532:6 appear 408:6 443:5 APPEARANCES 288:1 289:1 appeared 404:23 Appearing 288:7,15,19 288:23

appears 399:20 405:6 407:20 442:4 503:11 Appendix 314:19 320:12 321:10,14 apples 548:22,23 applicability 479:3 applicable 314:20 339:20 341:20 applicant 509:4 application 287:5 295:1 300:2,5 302:12 310:19 315:6 320:13 326:11,13 328:22 329:22,24 331:22 332:1,25 340:5 343:5 344:20,21,22 345:12,14 346:1,2 364:17 366:9 368:15 372:1,22 391:18 396:22 397:2 405:11,17 419:11 419:15,20 420:6,13 425:12 460:19 470:5,14 470:16 497:8 501:22 512:2 513:22 517:5 520:1 538:11 applications 372:15 514:2 applied 480:12 503:13 505:19 applies 490:2,25 apply 339:14 479:11 506:23 applying 412:9 appreciate 292:20 294:16 351:12 360:22 361:13 363:25 416:4 508:10 513:2 514:25 523:18 524:3 526:17 551:16 approach 322:1 347:11 387:8 appropriate 329:12 351:14 510:3 approval 366:5,15 509:3 537:19 approve 344:24 504:4 512:10 approved 344:9 372:23 509:6 544:16,18 approving 302:11 approximately 340:11 402:2 April 429:13 430:1 431:7

April/May 432:14 aquatic 441:2 443:2,25 444:3 445:23 aqueducts 530:20 aquifer 328:19 329:4,19 332:21 382:19 541:20 aquifers 541:21,25 ARBITER 287:1 arbitrary 434:11 Archie 404:10 407:14,21 408:4 409:17 410:11 419:20,21 446:24 450:14 451:5,9,13,14 452:12,23 453:2,16 454:2,5,10,20 457:22 458:1,17 462:5,20,22 area 315:20,21 316:3,17 316:20 317:9,19 318:18 318:21,24 319:9 322:21 323:19 327:13 330:14 334:3 337:24 338:21 339:22 375:15,18 377:7 378:5,14,18 388:11,14 396:5 397:9 398:24 399:16,21 400:12,16,17 400:22 401:19,21 402:3 406:7 407:1,4 409:14 410:1,12,14 412:15,17 423:7 425:12 430:12 434:2 436:22 446:23 448:2,20 449:20 453:16 455:20 456:12 468:5 524:15 525:1 527:22 531:12 537:17 538:14 549:7 552:17,25 553:14 554:3,7,11,17 555:10,11 555:15 areas 321:17 322:17 324:3 325:11 326:19 327:11 329:3 331:20 333:13 335:6 379:10,11 379:21 381:11,11 400:21 408:24 409:5 427:15 447:24 449:12 449:22 525:15,25 530:10 555:1 Argonne 475:12 495:9 arguably 308:17 argue 310:11 384:7 arguing 359:19 argument 309:25 314:12

347:3 370:18 415:1,13 514:6,6 arguments 299:11 306:4 306:4 308:20,22 309:14 Arizona 434:14 arrangement 366:1 array 487:1,2,2 articles 465:10 articulate 484:16 arts 502:23 ascertain 522:3 aside 330:5 340:7 341:9 341:18 asked 292:16 297:13,22 302:7 317:14 350:4,5 374:2 385:5 399:9 406:12 430:9 432:22 444:23 445:25 458:13 477:4 480:14,18 518:24 519:3 asking 291:8 332:8,9 351:20 454:22 490:19 494:6 541:9 asks 374:7 416:17 aspect 388:4 389:2 aspects 333:4 365:11 377:4 386:20 assemble 296:2 297:13 assembled 299:5 347:8 assert 370:18 assessment 319:15 378:12 385:6 391:23 411:6 420:11 422:21 528:9 529:10 534:8 assessments 320:6 assigned 514:18 assignment 417:1 467:16 467:19 assignments 413:25 assistance 298:5 assisting 378:13 associated 340:5 414:8 429:19 436:10 437:2 484:7 505:14 assume 298:12 302:21 303:6 304:1 307:21 309:6 517:21 assumed 310:21 assuming 425:18 assumption 413:6 471:23

Court Reporting Videography Digital Reporting Transcription Scanning Copying Denver (303) 296-0017 Boulder (303) 443-0433 Colorado Springs (719) 635-8328 Greeley (970) 356-3306

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assumptions 435:10 assurance 509:1 510:2 astronomically 529:11 ate 553:7 atmosphere 510:17 528:19,19 atmospheric 466:6 485:12 491:11,12 atomic 479:7,9 520:4 attach 415:8 attached 362:23 attachment 359:25 414:10 471:8 attachments 359:20 397:2 attention 407:11 attenuation 339:1 attitude 551:3 attorney 288:16 366:12 501:19 508:18 526:15 attorneys 560:14 attorney-client 303:23 360:3 415:17 416:1 attract 456:15,17 attracted 445:23 446:13 446:21 447:5 449:13 450:18 455:25 attractive 378:14 audience 347:1 374:22 audits 504:1 augment 318:7 486:13 August 311:14 427:9,23 432:8,21 433:3 authentic 348:9 authenticate 306:1 authenticity 296:16 355:21 authorities 419:24 authority 366:20 auto 550:25 automatically 489:2 automobile 525:3 auto-deployment 533:22 available 299:25 301:19 303:17 304:15 337:18 346:21 373:10,19 374:4 477:20 485:6 500:7,10 525:19 avenue 288:3 532:25 average 322:6 390:8

397:6 476:3 482:9,15,17 482:18 492:21 517:6 averages 516:15,16 avoid 334:13 349:11,12 368:20 aware 354:22 364:23 376:5 385:23 398:12 403:18 404:11,13 423:1 448:22 480:10 481:15 491:5 513:10 a.m 287:20 347:6 374:23 457:25 B B 328:16 489:4 bachelor 502:23 bachelor's 464:3 back 291:16 298:4 300:25 306:1 308:5 312:22,23 313:3,11 314:16,17,22 319:25 320:10 347:1 350:4,5,11 354:3 355:13 361:10,20 364:18 369:8 372:23 373:5 374:20 377:6 382:15 385:21 411:2 415:1 416:10,15 417:6 429:8 430:19 435:24 444:25 445:21 446:4 451:14 452:24 455:22 457:22 458:1,15 461:18 492:1 494:13 503:8 509:5,8 510:1 518:11,12 527:25 529:17 530:19 535:5 536:23 544:10 551:24 556:4 backbone 469:11 backcountry 530:4 background 330:20,24 330:25 463:22 464:2 473:11 474:2 491:15 502:19,22 503:16 505:5 507:9 back-of-envelope 300:16 bad 524:13 539:19 554:19 badly 519:12 552:16 bailiwick 506:13 BAKER 288:8 ballpark 350:18 493:13 balls 455:13 456:4 458:8

Bangkok 314:7,11 banker 549:1,2 bankruptcy 543:19 barely 535:8 543:8 barium 345:1 barrel 538:4 barrels 426:7,8 bars 554:5 base 330:10 472:18 based 297:17 302:18 325:13 326:5 327:1 335:20 370:7 374:10 392:20 401:12 410:10 412:23 418:10 419:12 423:2,2 429:21,24 430:2 432:6,24 433:22 437:6 439:20 442:3,5 443:13 446:4,19 447:2 448:18 449:5,23,24 454:19 455:16 474:5 477:6 492:24 497:20 520:10 baseline 289:2 330:18 baseload 547:22 548:21 basic 361:18 364:6,11 496:19 522:13 basically 295:14 304:12 318:12 327:14 329:6 339:16 340:7 344:25 345:2 365:12 371:15 377:9 379:6 380:17 383:11 397:5 398:9,10 408:25 423:2 425:14 430:8 454:23 457:8,9,11 458:13 465:18 469:12 479:4,7 481:8,16 486:14 487:12 509:20,20 526:11 546:6 551:2 Basin 431:22 432:4 437:4 basing 432:19 basis 368:6,14 370:14 443:3 447:13 558:24 bat 398:6 Bates 441:14 451:1 bats 398:1,3,8,13 418:8 422:6 beach 448:23 449:1,4,11 449:21 450:1,2,15,17 451:25 452:20,21 454:12 455:7,10 456:22 458:5,19 beaches 338:22 497:18

beans 553:8,10 555:18 bears 388:19 539:18 beat 477:23 beating 320:19 beautiful 528:21 554:10 554:16 Bedrock 317:24 473:6,14 473:24 bees 555:20 556:1 begging 533:9 beginning 304:13 495:14 508:23 begins 487:13 behalf 288:7,15,19,23 366:21 behavior 468:7,13 believe 297:2 301:23 306:11 317:23 321:15 326:15 336:24 342:21 349:25 350:22 360:17 380:18 384:21,25 398:22 404:14 407:8 411:15 413:19 415:12 415:24 416:1 422:20 423:16 427:14 430:10 431:25 438:9 441:7,20 442:11 470:21,22,24 504:12 515:13,17 525:21 below-grade 321:25 bench 360:6 beneath 325:25 benefit 332:16 377:8 528:20 540:4 benefits 529:3 550:19 best 337:17 398:13 425:14 448:16 462:3 533:15 best-trained 426:13 better 302:15 328:14 331:4 333:15 412:10,20 429:1 432:22 433:6 443:13 463:14 492:20 496:13,13 510:25 511:3 533:7 558:17 beyond 328:20 401:12 447:14 536:11 bid 465:20 bidder 532:13 big 333:23 344:11 405:22 405:23 406:1 417:15

Court Reporting Videography Digital Reporting Transcription Scanning Copying Denver (303) 296-0017 Boulder (303) 443-0433 Colorado Springs (719) 635-8328 Greeley (970) 356-3306

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484:23 521:19,21 531:16 535:21 539:9 548:13 bigger 421:19 531:11 biggest 324:11,21 bill 550:15 billion 535:20 536:11 billionaire 538:6 billions 558:12 bin 476:11 bioaccumulation 422:10 biological 288:24 386:16 386:19 451:6 452:13 458:2 biologist 378:1 390:15 404:7,9 419:10 422:12 426:24 430:21 432:10 433:5 437:22 439:17 440:25 448:9 453:4 458:10 biologists 377:23 378:13 398:11 410:25 429:25 430:6,15 432:15 433:7,8 434:16 439:25 440:13 440:20 446:12 449:22 biologist's 440:25 biology 407:22 450:15 452:14 457:1 464:3 biota 336:5 bird 409:25 417:12 446:21 447:4,17,19 449:19 455:7,13,19 456:4 458:7 birds 401:15,18 402:25 418:8,14,19,21,24 422:6 437:19,22 438:15 440:1 440:2,24 446:1,2,4 450:2,6,17,19,22 454:16 455:25 458:4,19 555:20 556:1 bit 306:15 312:9 315:2 329:23 336:11 343:2 350:3 355:10 362:22 373:20 374:2 375:9 377:7 382:22 390:19 391:8,12 394:9 410:6 412:22 416:17 430:16 444:10 450:21 454:15 455:19 463:24 529:16 557:14 black 311:7,15 469:13

Blass 451:4 blew 477:14,15,16 BLM 318:6 386:17 390:25 421:3 534:11 blooming 431:10 blow 407:24 blowing 339:6 523:22 blown 531:6 blows 476:14 483:23 bluffs 380:5 405:20 board 318:5 382:8,23 383:11,18 384:16,21 523:11,14 547:6 body 446:22 527:4,10 bogged 347:22 360:5 bond 336:20 340:15,16 340:23,25 342:4,12,14 342:16,19,22 543:11,12 543:22 558:5 bonding 341:23 342:2 books 430:20 boom 542:4 boom-bust 554:15 boom-or-bust 558:2 boss 539:25 bothers 533:2 bottom 320:20 340:12 399:16 441:15 451:25 Boulder 289:3 Boulevard 288:14 boundary 478:21 490:1,6 Bowen 483:5,6 box 288:6 311:7,15 469:13 brain 309:11 break 291:13 346:16,25 347:5 358:10 413:15 500:25 518:21 535:1 breakdown 531:11 breakthrough 291:4 breakthroughs 549:10 breathe 536:5 breed 376:22 breeding 376:18 bridge 541:8,9,12 brief 293:20 308:19 356:18 briefing 369:9,12 briefly 361:8 433:13 464:1 465:24 bring 292:24 302:16

374:22 412:10 430:19 553:12 bringing 297:19 356:16 400:11 530:20 briny 383:7 Britain 543:6 broad 305:9 306:7 323:20 550:10 broader 368:11 brought 303:2 377:12 479:2 496:18 525:11 Brown 552:2 557:1,2,3 Bruskin 290:4 291:8 292:25 293:21,23,24 294:3,3,5,8 299:16,17 299:22 300:17 301:4,8 301:11 303:3 304:8,11 305:16 306:18 312:16 500:4 Bruskin's 298:5 304:6 Bryn 502:23 budding 538:24 build 547:16 551:13 556:18 building 326:23 327:2 334:4 337:23 549:22,24 buildings 326:18,25 334:9 487:15,21 built 331:9 368:15 466:7 545:22 548:10 bulldozers 411:22 bullet 535:9 burden 298:24 369:12,15 513:23 burdensome 306:8 Bureau 383:5 385:4 387:21 burned-out 523:24 Burning 412:5 burrow 403:5,14,16 435:7 burrowing 434:23 burrows 404:15 bus 550:13 551:1 business 362:17 363:21 369:7 370:10 524:17 543:18 bust 542:4 butcher 519:12 buy 412:11 535:13 538:25 542:20 551:12

557:21 buying 539:14 byproduct 340:14 B-R-U-S-K-I-N 294:4 C C 288:5 291:1 488:16 cactus 427:2,8,9,24 428:5 428:19 429:16,23 430:1 430:4 431:10,18,20,22 431:23,23,25 432:5,9,16 433:3 calculate 466:2 471:22 493:19,20 calculated 523:2,4 calculates 482:2 calculation 481:20 calculations 469:19 495:10 505:1 515:10 calibrate 494:13,15 calibrations 504:2,23 call 306:1 350:17 367:19 371:14 500:2 518:22 536:16 537:22 called 324:18 432:4 471:9 487:1 calling 314:7 calls 403:19 425:3 call-in 313:16 camera 369:21,22,23 Canada 540:8 541:6 Canadian 540:18 cancer 527:9 529:6 cancers 529:12 536:9 Candice 287:21 560:4,21 candidate 317:18 318:19 433:16,24 434:18 435:16,18,21 436:5 candidly 313:20 Canon 493:8 canyons 381:7 capable 325:7,21 capacity 334:25 366:6 367:25 430:20 capricious 434:11 car 532:5 551:12 Carbide 466:25 care 297:5 336:20,23 339:17 341:8,19 342:3 390:10 398:13 416:9 471:18 524:2,18 525:2

Court Reporting Videography Digital Reporting Transcription Scanning Copying Denver (303) 296-0017 Boulder (303) 443-0433 Colorado Springs (719) 635-8328 Greeley (970) 356-3306

AGREN BLANDO COURT REPORTING & VIDEO INC

554:13 557:12 cared 315:14 career 466:20,23 467:4 careful 486:4 Caroline 357:15,18 358:13,14,20 361:2 451:4,9 458:1,16 carried 408:11 carry 334:5 483:5 513:23 carrying 333:25 334:1,3 423:24 cars 487:20 case 303:18 313:9 318:15 324:16 339:24 388:24 449:9 453:10,10 503:19 504:11 507:1 518:17 521:1 544:8 550:7 cases 480:5 489:13 527:10 534:18 cash 341:10 538:5 casually 385:23 catch 427:15 430:14 catchment 322:17,21 categories 476:17,18 category 488:13 Catherine 552:2,7 cattle 316:19 412:14 523:25 caught 418:9 cause 294:9 326:1 389:8 463:6 502:10 causes 529:22 causing 383:10 caution 358:13 360:12 CD 349:1 350:8 357:6 CDL 539:20 CDOW 437:1 439:14 CDOW-cited 438:19 CDPHE 293:21 294:19 297:19,20,25 298:3 302:5 303:7,16 304:1 305:15 310:5,21 311:13 331:5 337:22 342:20,23 357:22 363:10 366:4,8 367:21,23 371:16 374:7 506:22 513:12 CDPHE's 309:16 324:12 371:19 CDs 355:15 cell 329:12 331:24 332:1 332:2 335:4,4 342:11,13

343:8 527:9,9 538:14 cells 321:2,6 322:5 324:3 324:8,23 327:25 328:25 332:16 334:23 512:19 536:6 538:14 543:15 center 288:10,24 339:11 555:10 central 405:24 488:4 centrally 405:25 CEO 387:2 548:6 certain 398:7 423:4 447:7 455:5 469:16 485:8,9 certainly 316:4 317:14 319:21 345:15 366:19 373:12 379:5 380:3 381:13 383:20 387:6 393:11 396:25 397:5,24 411:17 434:3 445:8 454:1,17 456:23 472:3 475:21 490:8 507:17 CERTIFICATE 560:2 Certified 287:21 560:5 certify 560:4,7,12 cetera 472:20 475:25 488:21 492:3 495:23 497:18 chain 411:22 422:16 473:4 479:15 chained 404:23 406:13 408:22 411:4 412:7 413:12,13 chaining 461:18 462:11 462:13 chains 412:8 chair 293:22 312:25 challenging 549:12 557:8 chambers 346:21,22 chance 343:7 401:25 524:14 559:3 change 322:24 401:5,7 418:16 419:18,24 420:3 420:17 434:1,16 498:1,2 changed 321:17 343:14 433:25 434:6 435:24 545:7 changes 321:19 342:8 343:6 409:1 420:9 435:24 491:6 534:3 channels 327:12 chapter 300:20

characteristics 331:12 characterization 332:24 characterize 365:19,20 468:3 chart 351:6 cheap 550:18 check 351:5 494:13 chef 553:7 chemical 331:11 339:5 373:22 chemically 331:16 333:17 chemicals 556:20 Chernobyl 547:13 Chicago 475:13 Chick 290:11 500:7,12,15 501:2,9,9,12 502:1,9,14 504:19 505:24 508:1,3,6 508:8 513:15 514:25 515:7,9 516:5,7 517:16 517:18 Chick's 506:7 chief 540:1 children 380:10 China 532:15 Chinese 532:19 549:22 549:23 Chinle 383:2 Chinle-Moenkopi 329:19 330:9 Chip 514:15 517:9 Chi/Q 482:2,2,9 chloride 345:1 choose 320:17 321:4 churning 546:9 CH2M 347:18 355:11 361:15 366:5,10 370:17 374:3 496:20 Ci 473:22 circumstances 383:1 415:10 510:25 citizen 504:18 525:9 citizenry 526:18 citizens 340:21 City 493:8 claim 415:19 claimed 414:2 clarification 399:9 438:12 469:24 clarify 302:2 378:23 386:15 407:4 421:12

505:24 516:8 clarifying 424:10 class 488:16 classes 484:6,8,9,24 485:1 486:25 clay 328:8,9,11 536:19 clean 329:14 511:22 512:3 521:24 541:21,25 549:18 554:18 555:15 556:5 558:9 cleaned 329:13 522:1,2 cleaner 555:25 558:18 cleaning 542:4 543:15,16 543:25 cleanliness 458:9 cleanup 522:6,9 535:9,21 542:7 543:13,21 544:6 544:20,20 547:13 550:12,15 558:5,7,13,14 cleanups 542:6 clear 341:17 396:7 407:13 418:17 433:8 461:20 502:17 Clearly 522:24 clear-water 455:15 clerical 351:17 client 354:19 370:11 415:18 climate 479:3 close 327:6 342:13 358:10 360:20 535:3 557:23 closed 309:17,23 311:6 335:4 360:21 363:11 553:24 554:21 closes 522:2 closing 310:13 347:22 closure 334:15,17 335:2 336:6,8 338:5,6 339:3,8 341:7 372:19 379:10,13 379:21 clothing 556:14,15,18 cloud 483:15 541:3 clumps 489:24 CNHP 432:3 Coalition 288:25 coarser 339:10,12 cobble 312:11 Code 326:24 327:2 collapsing 510:20 colleague 350:21 500:9

Court Reporting Videography Digital Reporting Transcription Scanning Copying Denver (303) 296-0017 Boulder (303) 443-0433 Colorado Springs (719) 635-8328 Greeley (970) 356-3306

AGREN BLANDO COURT REPORTING & VIDEO INC

colleagues 361:17 collect 339:11 507:4,9 509:19 516:21 collected 503:9 505:4,13 505:16 507:7 509:2 510:7 516:10,20 collecting 508:25 509:10 collection 328:3 494:8 512:8 collects 338:24 College 464:4 502:23 colonies 376:18 404:12 colony 404:16 color 431:12 Colorado 287:20,25 288:4,6,11,14,18,19,23 288:24 289:3 317:23 318:4 340:21 371:17 378:25 379:2 381:8,17 382:7,23 383:10 389:25 396:13 399:25 418:10 423:18 427:2,7,15 428:5 428:19 429:16 431:14 431:22 464:5,7 466:19 475:8,18 493:8 501:13 502:25 520:2 522:7 526:10 532:2 542:4 552:17 560:1,6,22 combination 328:8 combine 358:25 combined 316:9 325:3 379:6 548:20 come 291:16 292:7 300:24 307:16 312:23 315:11 347:4 355:13 361:9 363:11 374:19 377:6 442:8 450:8 451:19 452:6 459:14 467:21 469:20 474:5 491:17,21 497:12 502:8 524:10 538:1 540:16 549:12 551:24 552:6 554:17 555:11,19 comes 308:22 325:2 356:20 415:1 478:23 488:15 492:21 497:14 497:14,21 520:17 521:11 523:6 527:7 comfortable 366:13 coming 294:16 347:23 358:4,13 386:17 393:20

429:6 454:24 458:15 463:11,14 496:12 552:11,22 commencing 287:19 comment 300:21,21 313:2 342:21 416:14 518:10,11 519:2 520:6,6 522:25 532:7 552:11 comments 290:15 293:10 302:10 313:15 373:16 416:22 417:2 419:12,16 517:22 519:24 522:21 commission 372:16,18 373:2 391:3 421:4 466:2 560:18 commissioned 466:1 475:11 495:9 Commissioners 537:20 538:9 Commission's 321:15 commitment 385:10 committed 535:20 commodity 393:21 common 326:8 339:9 373:17 381:9 412:13 commonly 374:4 communicating 416:2 communication 439:5 515:1 Communications 288:13 communities 473:6 community 525:20,23 529:4 538:10 539:18 553:17,20 compact 321:6 compacted 326:4 companies 371:5 372:6 546:6 company 364:19 372:6 373:24 539:12,13 549:3 compare 473:9 492:15 compared 408:15 480:3 494:16 comparing 548:22 compartments 464:22 465:8 compass 476:10,11 compatible 331:16 competition 370:24 371:7

competitive 371:25 competitor 371:12 competitors 370:12 complete 300:17 302:13 304:19 345:13,14,15 387:19 413:24 458:11 completely 368:13 459:7 481:14 482:23 538:17 completeness 355:17 complex 464:10 467:7,9 483:2,20 compliance 328:20,21,23 339:25 343:16 compliant 390:24 comply 391:5,7,15 component 341:6 404:7 compromise 342:5 550:21,21,22 computation 485:17 computer 293:12 359:5 483:9,11,16 computers 549:13 computer's 295:25 conceivable 456:8,11 conceivably 420:21 422:5 425:6 concentration 328:19 473:8,9 494:17 concentrations 473:3 concept 465:6 conceptually 306:5 concern 343:15 344:3 353:23 418:18,24 419:13 423:19 450:4 451:18 452:2 480:16 concerned 342:9 355:8 356:4 425:24 427:19,19 442:17 concerning 294:15 295:17 361:14 concerns 353:20 382:8,9 419:21 421:22 449:21 450:1 451:16,17,21 452:9 531:22 concert 498:3,4 conclude 309:24 concluded 303:16 423:8 448:1 conclusion 444:7 445:4 447:19 448:18 conclusions 308:19,25

433:5 435:11 472:7 478:2 concrete 550:1,2,3 condition 390:16 conditionally 292:6 conditions 330:4 382:1,4 393:12 491:6,10 conducted 337:12 429:22 432:21 449:10 conducting 298:16 confer 354:18 362:9,11 conferring 362:13 confident 357:22 430:21 confidential 291:15 347:17,21,24 348:1,11 348:14,14,20,23,23 349:23 350:2,7,9,10,15 351:3,24 352:15,23 353:2,10,15,20 354:5,6 354:12 356:13,19,23,24 357:12,23 360:13 361:24 362:17 363:4,19 363:21,23 367:20 368:20,23 369:7 370:7,9 370:15 373:25 confidentiality 346:10 347:11 352:4 353:9,14 354:23 363:3,16 364:24 369:13 370:18 confirmed 493:24 494:3 494:7 confused 504:19 confusion 409:7 conjecture 443:16 connect 323:3 connection 532:19,21 537:6 consequences 558:11 Conservancy 384:25 Conservation 288:2 318:5 382:7,23 383:11 386:24 conservatism 471:20 consider 315:7 316:4 377:11 392:23 395:6,10 396:16 400:23 403:6 409:16 415:12 531:25 533:5 536:13 considerably 324:13 consideration 295:1 345:12 411:5 413:3

Court Reporting Videography Digital Reporting Transcription Scanning Copying Denver (303) 296-0017 Boulder (303) 443-0433 Colorado Springs (719) 635-8328 Greeley (970) 356-3306

AGREN BLANDO COURT REPORTING & VIDEO INC

considered 317:6 344:22 386:3 409:19 422:2 425:8 472:17 considering 347:14 385:18 425:10 considers 398:24 consistent 558:23 consisting 328:1 constantly 541:19 constituents 328:17 331:1 339:18 constitutes 560:11 construction 302:8 340:9 340:12,17 consult 467:21 consultant 486:24 consultants 315:19 405:2 453:23 consulted 326:24 466:23 consulting 404:7,9 consumed 335:14 consumption 363:24 contact 356:20 contain 443:1 contained 335:11 containment 329:2 333:12 contains 370:7 contaminants 332:4 contaminate 424:12 contaminated 423:21 426:21 contamination 329:15 334:13 336:18 348:5 365:7,9,15 403:24 422:15 contemplate 522:24 contents 522:16 context 443:18 448:10 469:6 516:11 contingency 455:21 continual 558:24 continually 481:22 continue 291:10 320:11 336:12 467:22 542:6 continued 289:1 314:14 342:23 417:9 continuing 336:7 continuous 522:3 contract 389:15,15 467:13

contractor 453:12 467:6 contractors 465:21 contribution 315:13 386:10,14 contributors 306:18 control 404:20 406:8 408:7,10,11,14 409:10 411:20 412:5 461:19 501:13 504:9 506:15 512:16 513:22 517:3 533:1 controlled 338:11 controls 512:24 520:3 Cont'd 290:6,7 convective 484:11 convened 310:9 conventional 346:4 372:22 461:12 532:23 conversation 307:23 308:1 314:12 346:8 347:8 350:3 355:3 367:17 369:3,5 518:6 conversations 356:17 518:5 conversing 367:18 conversion 466:6 convert 293:6 converted 293:16 converts 486:24 convinced 443:15 cooked 553:10 cool 547:11 cooling 547:10 cooperatively 316:1,5 378:11 copied 509:14 copies 292:25 367:21,24 367:24 copy 309:4 353:25 357:3 364:10,14,18,22 496:19 copying 511:14 coring 325:16,19 corner 405:25 cornerstone 540:25 Corporation 288:15 493:8,14 correct 292:19 294:5,20 294:21 295:2,3,6,7 316:15 319:11,12,16,17 347:12 357:10,13 363:9 363:13 370:5,25 373:9

375:16,17,22 376:8,9,14 378:2 379:15,23,24 380:11,16 381:15,23 382:6,8,17,20 384:18,19 385:13,21 386:4,18,24 386:25 387:3 388:8 389:4 390:3,18,21 391:6 391:16,25 392:17,18 393:3,4,7,13,14,23 394:1,2,3,11 395:4,7,12 395:17,21 396:10,13 397:10,21 398:21,25 400:17,22 401:19 402:20,24 403:1,10 405:4,5,18 406:20 409:11 411:20,25 413:6 417:21,22 418:5,20 420:4 421:19 423:10 424:6 427:11 433:11 435:19 439:9,16 441:3,4 445:24 448:2 449:3 453:9 454:13,16 455:4 456:6 457:3,5 458:21 459:1 461:2 462:8,18,22 469:15 470:11 487:23 491:4 493:9 496:1,12,15 503:14 506:17 511:23 515:12 516:11 560:11 correcting 417:24 correctly 455:24 correspondence 509:6 509:14 corresponding 503:8 corridor 437:7 cosign 385:5 cosigned 387:21 cost 342:10,14 371:20 548:11 553:12 556:11 Costing 558:12 costs 373:23,23 528:24 529:2 535:17,22 549:8 Cotter 493:8,14 494:2,7 494:14,19 cottontail 376:2 counsel 298:4 307:10 347:1 362:11,13 367:1,7 384:7 416:3,25 499:15 506:1 560:13 counseled 460:2 counter 523:20 counting 558:25

country 524:14 533:9 542:5 544:12 547:5 549:14 554:17 555:16 county 342:1 399:23,24 399:24,25 400:1,2 480:17 525:23 526:10 537:20 538:9 552:20 560:3 couple 298:20 303:4 314:23 330:3 361:14 364:1 427:25 438:14 493:4,6 500:22 501:24 508:20 519:21 553:15 course 291:21 295:8 296:5 300:9 324:22 326:23 332:12 333:8 341:22 368:16 408:23 420:25 477:13 482:1 524:7 531:23 542:20 543:1 545:7 court 339:24 341:18 366:18 434:9,14 484:19 485:21 520:4 529:18 courtesy 514:1 cover 321:5 323:21 324:5 324:9,13,16,22 325:1,4 334:13 335:13 338:24 339:13,13,14 360:3 391:19 460:11 558:6,7 covered 324:24 340:13 covers 338:7 399:25 400:2 cow 538:5 cradle 540:21,23 549:7 cradle-to-grave 540:20 Craig 290:9 291:19 463:5 478:13,15 493:2 519:8 523:9,10,11 crash 423:23 424:1 create 378:17 403:15 422:9 448:23 449:5 created 307:12 325:22 528:25 538:8 545:2,5,17 546:8,8 550:13 557:18 creating 449:11 545:13 558:3 Creek 437:4 554:12 criteria 314:20,23 320:10 320:11,22 321:1,9,9,10 321:12,20 323:25 327:19,19

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criterion 314:21,22 320:13,15 321:21 322:9 322:13,13 328:16,23 332:6 333:7 334:10,10 337:3,10 339:16 critical 333:13 cross 294:24 346:13 361:10 367:9 374:16,19 383:3 459:13,15 478:10 crossing 547:4 cross-country 530:6 cross-examination 290:7,7,10,10,12,12,13 291:17,22 299:8 369:20 369:24 375:2 416:10 417:9 478:13 493:2 498:23 502:12 508:6 516:5 cross-examine 291:14 cross-examined 519:1 crow 480:22 crowd 463:25 crucial 327:17 crush 528:12 crusher 337:20 CSR 560:21 culture 549:25 cumbersome 352:16 cumulative 394:8,11,17 395:2,5,9,23 396:1,11 396:15 398:20,23 399:15,21 400:17,21 402:3 curie 473:18,22,23,25 curious 308:9 362:15 current 544:23 546:18 currently 370:24 397:20 460:18 532:20,22 542:11,20 545:10 548:10 Curtis 288:12 366:24 371:10 cut 351:11 530:1 cuts 351:16 cutting-edge 530:19 535:7 548:19 CV 463:18 464:8 468:16 493:6 cycle 548:20 C-A-R-O-L-I-N-E 361:3

D D 288:9 291:1 daily 443:3 damage 309:11 527:3 Dana 287:18 357:6 358:15 359:11 470:13 501:3 dance 376:21 danced 553:10 dancing 376:14,21 dangerous 450:2 536:3 538:4 Daniels 288:8 501:9 dark 293:13 530:25 darn 530:5 data 330:18 337:8 469:20 476:4,8,19,21 477:7,20 478:5 481:1 484:25 486:22,25 487:1 489:18 489:20,22 492:6,13,20 493:25 494:8 496:13,14 496:23 497:12 503:4,7,9 503:13,17,23 504:3,5,22 504:23 505:2,4,7,11,13 505:13,15 506:12,14,16 506:19 507:4,6,9,12,16 507:20 508:22 509:3,7 509:10,19 510:14 511:2 511:16,16,17,24,25 512:8,10 515:11,14 516:10,14,15,16,20,22 516:22,24 521:2 databases 414:9 date 310:9 351:22 443:11 457:21 475:2 530:15 dated 407:13 429:13 443:13 dates 443:17 dating 325:14 day 291:25 293:12 338:16 392:20,21,25 393:3,6,16 393:16,22 424:20 439:22,22,23,23,24 452:21 458:18 460:20 481:7 514:7 527:1 534:2 534:3,9 538:1 560:17 days 329:14 380:13 460:25 530:19 544:9 dead 320:19 deal 303:25 308:21 311:19 312:9,10 326:21

347:10 353:16,17 360:14 374:16,18 460:12 505:2 525:11 546:18 549:15 558:10 dealing 380:22 394:10 396:9 405:1 423:13,18 425:2 451:20 504:16 530:13 544:22 deals 388:11 389:19 dealt 446:6 death 450:19 debate 310:16 decades 468:5 557:20,25 decay 466:5 473:4 479:15 December 475:16 decent 540:3 decide 366:17 decided 371:18 399:3 402:3 505:9 545:1 decides 342:18 366:18 532:15 deciding 505:11 530:11 545:14 decision 309:16 344:9 364:16 374:12 420:16 decisions 337:21,25 358:5 declared 478:20 decommissioning 340:1 decrease 322:18 decreased 381:22,22,24 382:5 dedicated 316:21 317:10 499:8 deemed 302:12 deep 330:9 403:10,15 536:2,4,25 542:6 545:4 deeper 535:13 deer 315:24 317:8 375:21 default 520:11 521:17 defaults 521:18 Defense 467:10 545:20 defer 377:22 498:23 definite 406:15 definitely 368:19 409:13 410:23 426:12 555:12 definition 412:9 473:17 degradation 436:10 degree 464:3,5 delays 517:8 delegated 513:6

delete 352:14 deliver 414:14 delta 510:10,16 demand 299:4 522:6 550:14 demologies 546:16 demonstrate 311:10 density 528:20 Denver 288:11,18,23 308:6 465:3 502:25 560:22 department 288:19 298:19,25 299:2 304:12 306:8,11,13 310:2 336:24,25 341:13 379:4 467:10 475:13 501:13 501:20 520:2 522:7,24 528:3 534:6 542:3 545:20 depend 381:17,20 dependent 393:19 depends 336:14 deplete 384:17 depletion 381:15 382:9 383:10 390:5,10 depositing 452:21 deposition 327:9,11,16 471:4 480:17 desalinate 536:24 describe 326:11 464:1 471:12 472:10 described 408:8 448:23 468:2 479:6 describes 471:15 describing 409:9 436:24 description 311:11 407:5 409:9 449:6 descriptions 512:17 desert 555:14 design 300:9 326:17 327:4,4 328:10 331:24 332:1,2 337:16,25 365:12,21,22 370:8 371:24 373:21 418:16 454:6,8 495:16,16,25 496:3,22 497:1,20,23 498:1 510:11 511:16,21 540:7 designated 349:22 350:1 350:14 535:10 designation 354:23

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370:14 designed 322:21 324:6 326:21,25 327:9,10 329:3 335:5,9 338:3,6 377:21 designing 323:21 desk 373:6 despite 297:22 298:10 detail 344:25 365:18 373:3,20 374:6,11 456:24 detailed 326:17 430:23 447:1 details 330:7 402:7 433:20 441:11 478:23 detected 403:25 determination 402:6 514:3 determine 325:9 449:10 450:22 454:15 484:25 485:1 520:14 determined 325:20,24 350:7 388:18 491:16 determining 366:13 deterministic 482:23 deterrents 458:3 Detroit 550:25 develop 378:22 450:18 451:23 497:8 developed 475:12 494:25 495:8 536:7 development 306:19 437:20 451:11 devices 455:16 480:2 546:21 devote 531:7 diagrams 366:2 374:9 dialogue 481:15 517:25 difference 391:22 486:14 524:15 differences 411:7,9 534:4 different 301:12,18 312:24 334:17 338:12 352:13 373:18 391:10 397:4 405:3 407:1 408:14 409:2,22 410:12 412:10,17 421:1 430:17 431:18,21 432:2 465:19 466:18 470:6 476:9,12 479:18 485:6 486:17

489:7,13 506:8,23,24,24 506:25 512:12 528:14 536:10 537:19,19 538:17 differential 485:9 difficult 311:25 429:17 432:8 437:13 456:19 522:20 dig 528:12 535:14 545:12 549:6 digging 530:1 535:13 543:7 544:13,14 550:11 dire 290:6 361:11 362:22 direct 290:6,9 291:11,21 314:14 349:18 366:16 463:8 499:13 directing 439:18 direction 476:9,11 484:1 488:12,13 491:6 503:21 516:15 558:17 directions 476:10,23 483:25 490:2 522:1 directly 444:5 Director 288:13 directs 298:4 dirt 535:16 disagree 369:13 409:6 488:9 disagreement 382:22,24 disagreements 452:18 disappear 518:3 546:25 disappointed 312:7 disastrous 558:12 disc 292:17 359:7,8 470:18,18,19 471:9,9 discarded 304:21 discharge 337:19 338:18 discharged 338:16 discharging 338:15 discipline 409:5 disclose 355:3 disclosed 430:1 463:17 discloses 446:15 disclosure 298:6 463:18 468:22 discontinuities 325:24 discontinuity 325:18 discovered 403:20 443:19 535:14 discovery 291:9 293:19 293:20 298:16,18,22

303:15 306:7 312:12 347:15 348:4,13 349:24 350:25 361:19 365:4 407:20 441:13 442:10 discretionary 531:14 discs 356:22 discuss 329:23 331:5 337:11 340:4 361:9 460:25 discussed 291:7,23 407:21 447:17 462:7 534:24 538:19 541:24 discusses 321:20 327:20 337:3 discussing 339:17 discussion 339:23 346:9 346:18 356:10 360:5,14 367:5 414:17 439:21 452:12 465:23 477:23 506:5 520:8 discussions 304:13 413:17 433:6 dismantling 547:18 dispatchable 547:22 548:22 dispersed 426:1 dispersion 503:12 521:20 522:4 dispersions 522:6,9 displacement 483:4 487:10,11,14,19,25 displeasure 457:22 disposal 321:22,25 331:10 332:3 345:5 512:19 dispose 341:3 disputes 510:6 dissertation 465:5 distance 399:17 479:5,9 479:22,25 480:11 482:13 493:21 544:3 distances 479:24 distribute 292:16 district 339:24 341:17 384:25 385:8 386:24 387:17 388:19,20 disturbance 487:19 disturbing 429:20 diversified 554:8 diversifying 554:2 diversions 323:1

Diversity 288:24 diverted 334:18 335:3,10 division 304:19 306:17 315:11 316:7 377:9 378:10,21,24 379:2 418:10 419:12 436:20 439:6 440:4 501:13 504:10 505:22 512:12 512:16 517:3 521:1 divisions 379:6 DNA 527:3,5,8 529:14 Docket 296:21 doctorate 407:22 450:14 457:1 document 292:23 293:2 293:3 294:16 296:11,16 297:22 298:5,7,9 300:9 300:12,20,22 302:7,18 305:11,12 347:19 353:18 354:13 355:11 362:4,22 363:5 364:15 365:13,21 366:11 367:20 368:6 370:2,6,10 370:13,23 373:10 374:3 374:3 387:19 405:8 423:8 429:12,15 431:1,4 431:13 432:2 434:8 462:17 470:14,17,20 471:12,15 472:6 522:13 529:5 documentary 305:25 348:2 356:16 documentation 469:18 documents 291:10,15 292:12,13,15 295:9,12 295:21 296:2,4,12 297:14,21 298:6,11 299:9,24,25 301:6,23 302:5 303:8 304:14,17 306:21,23 307:1 308:17 308:24 309:2,8,15 310:17,18 311:2,12 315:3 319:4 320:4 328:22 347:17,21 348:3 348:19 349:2,13,21,22 350:6,8 351:19,21 352:3 352:6,19 354:5,7,21 355:4,16 356:3,6 357:9 357:12,20 358:4,19 359:16 360:11,15 369:11 371:16,21

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373:13,14 391:1 394:6 414:1,1,12 415:5 428:1 444:24 470:6 475:3 520:2 522:19,21,23,25 dodged 535:8 DOE 464:10 467:7,9 dog 404:12 dogs 403:4,14,16,22 433:13,15,19 434:22 435:6 doing 320:3,6,9 321:11 338:12 351:17 352:8 356:7 373:8 378:12 421:3 451:10 457:5 458:16 484:14,15 502:15 503:6 506:25 524:22 532:6 536:23 539:14 546:4 553:2 558:8 dollar 542:19,21 554:23 dollars 370:11 535:20 558:13 Dolores 317:25 381:18 382:16 383:2,6 384:18 384:21,24 385:22 386:24 399:24 445:2,2 445:12 541:7,15 559:2 domain 301:20 dome 327:15,16 dominate 498:5 door 416:15 doors 535:3 Doris 504:10 dose 466:6 471:17,22,24 472:1,2 473:3 482:16,17 482:19 489:11 494:3,4,7 494:9,10,11 498:6 520:14 doses 466:3,10 470:9 471:13 472:7,8 473:1 493:20 double 534:19 double-checked 504:25 double-lined 333:13 double-walled 333:18 334:8 doubly 393:15,17 Dove 554:11 download 371:18 373:15 downstream 317:24 442:14,19,23 443:22

559:1 downwind 482:3 dozen 397:8 Dr 290:9,10,12,13 291:19 313:14 314:6 354:9,10 367:25 368:16 370:19 370:21 371:4 372:4,10 404:10 407:24 408:25 411:2 412:20 430:8 432:23 439:5 446:24 448:17 459:20,22,25 460:6 463:5,10,17,21 468:12 469:2,8,12,16,23 470:3 473:22 474:13,24 474:25 476:1 477:2,3,24 478:9,13,14 481:16,24 482:5,11 484:15,21,24 486:1,7,11 490:18,21,22 493:1,2 494:24 495:1 498:18,19 500:13,14 502:4,5,13 505:23 506:5 506:9,11 507:24 515:2,8 516:2 draft 295:14 300:6 302:9 304:17 386:23 387:14 387:18 389:15 416:3 drafted 301:20 385:20 drafting 295:17 304:25 305:7 drafts 295:12 300:10 drag 411:22 drainage 322:25 323:5 335:6 441:18 442:16 drainages 322:23 323:3 324:7 dramatic 462:19 draw 407:11 433:4 435:11 445:4 drawings 366:6 drilled 325:8 drinking 330:21 455:19 drip 538:22 drive 351:9 357:5,11 423:3,4 463:13 528:22 538:3 554:11 driven 541:10 drivers 426:13,14 driving 308:5 423:20 426:13 516:23 532:5 drop 307:9 554:18 drought 389:4,9,25

390:16 drums 425:19 dry 330:10 437:4 441:24 471:5 552:25,25 dryer 337:19 due 331:8 340:9,11 dug 397:15 533:10 dull 431:11 duly 294:9 463:6 502:10 dump 544:9 dumpsites 541:19 durable 335:7 Durango 288:4 dust 338:10 339:5,6 470:22 471:2,4 472:11 474:4 523:22 525:12,13 525:14 529:25 530:8,17 532:2,5 duty 369:14 D5 545:18,23 E E 291:1,1 EA 317:16 385:12 earlier 342:25 346:8 374:7 434:21 439:7 483:10 490:17 494:5 519:21 early 320:23 337:21 510:4 540:23 earth 536:25 544:5 earthquake 327:1,4,5 earthquakes 536:22,22 537:1 easier 538:15 easily 332:20 356:8 537:18 east 315:16 334:20 377:15 437:5,14 438:2,7 449:18 472:22 477:15 477:16 eastern 381:8 easy 357:20 473:16 eat 549:17 eaten 422:6 economic 393:12 531:16 540:4 555:1,3 556:24 economics 393:9 economy 531:24 554:15 ecosystem 464:22 465:6 465:8 555:21

ecotones 405:19 406:19 446:5,9 ecotourism 554:25 Edgar 511:12 edge 315:5,19 317:14 319:25 320:2 402:5 406:11 408:23 427:19 453:6,15 521:10 Edwin 519:12,13 526:3,9 557:4 effect 388:4 390:11,17 392:12 398:21 422:10 426:23 437:15 effective 313:21 314:4,7 429:18 455:12 effectiveness 378:8 422:14 effects 314:10 392:8 395:23 396:4,12,16 398:23 401:18 450:23 450:23 458:19 464:14 efficient 307:13,20 effluent 337:12 effluents 521:23 effort 352:11 538:13 efforts 329:16 408:7 533:15 EFRFP1 357:3 Egidi 293:5 475:20 500:5 509:13,15 511:8,14 EIA 301:24,25 306:8,19 306:21,24 386:7 420:10 420:19 421:10 499:14 eight 364:12,13 465:13 466:17,18 545:18 EIS 317:17 373:4 453:12 461:11,12,14 EISs 421:3,18 either 292:17 306:16 320:22 322:2 336:21 520:25 557:16 Ekman 491:9 electrical 537:4,6 electronic 293:3 296:24 416:24 503:20 element 533:4 545:2,6 elevated 445:13 elevation 488:4 elevational 488:3 elevations 437:2 eleven 376:6

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elk 315:24 317:9 375:21 Elmer 519:9,10 525:6,8 eloquent 552:8 embankment 323:21 embankments 322:7,10 embarrassed 453:20 emergency 424:23 425:1 425:11 emissions 331:19 335:17 337:18 339:15 520:21 520:23 521:8,9 522:4 emphasized 304:17 employ 430:6 455:16 employed 294:19 467:2 560:13 employee 415:16,17 466:25 467:4 518:16 employees 297:19,24 298:24 550:19 employer 501:11 employment 467:22 enable 416:17 enabling 529:20 encroach 407:3 encrusted 450:18 endangered 317:12,18 317:23 318:16,18,20 319:18,20 343:12 381:17 384:12 386:12 389:19,25 396:12 423:18,22 427:5 428:18 433:17 447:16 endeavor 316:2 ended 318:1 467:18 535:7 energy 287:5 288:2,12,15 291:19 301:15 302:5,20 303:8 311:13 320:16 325:5 336:24,25 341:13 347:16 355:4 357:3 361:17 364:12 366:21 369:10,15 370:22,24 371:5,8 387:2 393:11 414:13 415:16 441:14 442:10 444:1,19 463:18 466:13 475:13 509:18 512:3 513:23 514:10 516:8 518:17 520:4 528:4 534:1 538:11 540:7 542:3 548:1 553:19 558:8,18,25

engine 531:16 engineer 512:23 533:16 engineering 301:14 361:19 364:6,11 430:10 496:19,20 513:12 engineers 326:6 496:20 512:5 513:4,18 514:9 enhance 315:21 436:21 enhancement 316:16 enjoy 347:2 ensure 325:6 328:22 enter 353:21 362:2 402:23 403:23 434:22 entered 497:13 entering 328:17 357:2 enterprise 520:15 entire 338:17 363:21 364:10 394:24 448:10 449:18 476:7,24 481:5 entities 370:22 entity 368:10 environment 288:20 348:4 381:4 392:8 409:9 445:24 464:15,17,18 468:8,14 501:14 520:3 522:8 524:2 556:25 557:10 environmental 288:25 295:5 313:8 314:24 315:1,4 317:11 319:6,14 319:15 320:2,2,6,7 365:7,9,15,22 367:2 373:14,19 385:6 386:5 391:23,24 392:3,5 394:10 396:25 406:11 406:22 409:1,8,16,19 411:5,14 419:19 420:2,5 420:11,12 422:4 423:17 427:1 429:24 430:3 432:25 433:9,14,21 435:13,15,20,22 436:7 438:9,25 439:20 446:20 447:3,17,24 451:15 453:6 464:19 468:5,6 479:8 502:24 518:16 522:12,14,22 523:19 528:9 534:8 environmentalists 524:25 environmentally 322:1 EPA 299:24 328:5 467:10

503:10 520:25 ephemeral 322:23 equal 529:19 equals 473:18,23 equipment 333:14 337:17 477:12 equivalent 321:18 328:13 ER 318:12 319:3,5 399:5 400:8 405:9 441:1 458:20,23 462:8,14,15 erosion 322:18 324:10,17 324:20 325:23 especially 298:23 318:8 330:13 490:12 Esq 288:2,5,9,9,12,17,21 essentially 298:15 302:12 326:20 332:11 449:4 450:13 475:1,2 476:19 477:5,5 479:22 481:24,25 489:21 499:8 536:17 541:21 establish 305:23 324:22 330:18,23 519:25 established 331:3 332:13 443:23 estimate 350:14 399:17 460:3 462:3 470:9 471:3 471:12,16 472:6 494:4,9 494:10 497:20,21 estimated 423:24 estimates 466:8 494:3,7 497:7 et 472:20 475:25 488:21 492:3 495:23 497:18 Ethington 297:23 302:15 500:5 511:12 evaluate 300:1,4 449:22 449:23,24 evaluated 422:20 433:20 evaluation 330:23 366:5 522:22 evaporation 321:3 328:1 328:25 333:11 334:6,24 417:22,24 543:16,25 evapotranspiration 325:1 event 324:7 334:14 335:1 335:5 400:25 events 334:11 335:14 529:25

eventually 540:21 547:15 everybody 292:3 297:10 309:4 313:20 347:8 353:25 359:18 402:18 524:9 everybody's 305:20 557:10 evidence 298:8 305:25 311:9 348:2 352:7 353:6 353:10,13,24 354:15 355:15,18 356:16 384:8 429:6 440:12 evolved 477:4 exact 306:12 327:2 exactly 368:20,23 378:16 403:12 477:10 487:5 519:22 520:12 examination 290:4,6,6,8 290:9 294:11 314:14 354:24 361:11 460:15 463:8 501:16 examined 294:10 463:7 502:11 examining 363:22 example 299:23 301:12 301:16 330:21 333:20 342:8 343:11 359:24 373:14 421:2 426:15 445:3 448:11 449:17 452:19 489:15 495:20 503:18 529:9,14 545:15 558:11 examples 465:1 excavate 329:11 excavated 395:19 exceed 328:18 472:4 exceeded 328:10 exceeds 328:15 excerpted 365:25 excess 334:22 exchange 295:16 540:8 540:10,11,12,14 exchanges 540:15 exclude 347:1 377:24 excluded 317:1 excuse 545:23 exercise 349:24 351:18 352:13 411:21 exhibit 290:18 297:2,6,7 297:11 432:1 470:19

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471:10 exhibits 290:17 428:7,9 436:4 exist 447:8,13 existing 320:21 322:23 323:3 396:23 397:17,19 437:12 473:9 520:1 exists 497:4 exit 403:24 expand 393:8 417:18 expansion 393:13 expansive 463:25 expect 291:11 299:6 312:9 323:13 341:22 376:19 443:2 448:14 449:19 487:22 550:5 expected 408:15 expended 312:2 expensive 426:11 545:24 experience 320:5 345:23 345:24 403:23 479:6,19 491:22 517:3 experienced 372:14 expert 392:9 409:14 415:4 423:7 427:24 452:12,14 458:11 463:23 468:12,21 478:20 526:14 expertise 383:19 446:24 451:7 453:24 468:7 469:14 expires 560:18 explain 315:2 322:2 487:10 491:14 explained 402:6 explosion 400:20 545:5 exposed 527:1 exposure 337:25 338:4 526:24 542:9 express 411:19 529:12 expressed 412:25 413:12 450:5 500:7,15 523:11 extend 299:12 314:11 401:11 480:18 extended 322:23 558:13 extending 405:24 extends 399:23 extensive 320:5 456:13 extensively 493:7 extent 336:13 365:5,24 398:7,19 400:3 402:21

446:11 447:7 455:5,6 469:16 497:14 externalized 535:23 externalizing 528:23 529:2 extract 383:7 397:15 extraction 383:5 extraordinarily 545:24 extraordinary 415:9 extreme 381:25 extremely 370:13 429:17 eye 313:24 e-mail 292:14,17 359:10 359:13,23,25 360:4,9 407:13,18 410:10 412:23 414:2,3,10,11 428:15 450:12,14 451:3 451:8 454:19 457:22,25 462:6 e-mailed 293:14 e-mails 295:16,18 358:18 359:16 414:8 455:3 F F 287:21 484:8 560:4,21 fabric 556:19 face 372:21 398:14 440:4 523:14 528:17 542:7,18 facilitate 346:17 506:5 facilities 322:3,14,22 323:2 325:25 326:24 335:22 338:17 466:18 477:19 479:20 480:1,5 489:14 facility 323:16 327:17 331:9 334:12,19,19 335:8 337:16 338:17,19 342:8 344:5,14 345:5 346:17 403:19 438:3 465:3 466:9,11 495:22 496:3 497:10 511:17 512:25 543:23,23 548:18 549:3 fact 309:2 325:11 350:7 374:5 379:25 381:6 392:23 408:23 419:9,14 444:3 448:19 455:17 477:6 490:11,13 499:7 553:11 factor 474:8 485:17 492:9 factors 393:20 423:6

466:7 528:13 factory 540:1 556:14 facts 308:25 FAEGRE 288:8 fail 333:17 failed 544:24 545:6 fails 333:19 543:15 fair 375:23 377:7,18 379:20 432:24 433:2 442:23 445:5 447:4 456:25 457:17 462:1 468:9,10 492:24 511:15 fairly 292:15 394:16 420:6 429:7 510:4 528:11 549:4 fall 439:22 falls 335:10 486:24 false 540:24 familiar 294:25 295:4 361:21 372:25 373:4 390:20 391:22 395:11 405:8 427:3 430:11 512:14 534:15 familiarity 372:20 388:8 389:14 famous 462:5 551:1 far 292:1 318:15 319:25 323:15 331:1,17 335:2 338:2,5 344:12 373:19 387:23 393:19 402:5 420:17 429:8 436:9 449:16,17 460:1 480:7 490:15,22 505:17 507:19 512:20 513:1 521:5 528:20 529:1 533:4,19 536:2,3 537:24 540:4,9 549:10 551:3 557:12 Fargo 288:10 farmers 539:1 farming 538:24 farms 557:19 farther 400:12 fast 305:21,24 425:25 fastest 307:14 fatalities 529:6 fatality 528:5 fault 325:7 faults 325:21,21 fears 451:7 feathers 440:2 450:19,20

feature 395:21 446:16 449:23 features 441:6 446:7 447:10 449:24 497:23 498:1 February 560:18 feces 440:2,20 fed 367:4 federal 317:16 319:13 320:3,9 386:9,13,16 420:25 434:8,14 436:4 461:5,15,17 467:14,25 fee 386:17 feed 344:4,4,13 395:6 396:17,20 400:4 feel 366:13 417:2 552:16 552:19 554:9 feeling 311:21 450:16 452:5 553:5 feelings 523:13 feet 332:17 403:10,11,14 435:7 fell 542:17 fellow 556:5 felt 342:4 374:10 384:16 401:19 450:10,21 511:4 511:5 fence 403:5,17 404:6 434:23 471:19 472:2,9 472:20 fenced 375:16,18 378:18 fencepost 471:23 480:3 493:21 fences 480:2 fencing 377:19,21 403:7 403:9 FGIS 494:22 495:12 field 326:14 409:20,21 410:16,24 427:17,18 429:18 439:11,13 448:6 fields 368:3 519:7,17,20 556:19 figure 293:5 349:4 377:13 401:7 406:4 486:18,20 512:22 520:12,22 522:17 533:7 figured 453:1 figuring 422:23 Filas 290:5 291:10,15,18 310:19 312:22 313:1 314:14,16 345:10

Court Reporting Videography Digital Reporting Transcription Scanning Copying Denver (303) 296-0017 Boulder (303) 443-0433 Colorado Springs (719) 635-8328 Greeley (970) 356-3306

AGREN BLANDO COURT REPORTING & VIDEO INC

359:23 361:11,13 362:7 371:11 372:8,11,17 373:3,12 374:5 375:2,4 389:14 407:14 411:25 412:12 415:3,5,15,21 416:2,11 417:6,8,9,11 428:10 442:13 444:22 451:4 459:3 460:15 file 296:6 299:20 303:8 304:3 307:2,8,9,24,24 308:10 311:23 352:15 filed 304:20 468:20 512:3 514:3 files 293:6,7,16 300:15 301:15 303:8,18 307:15 312:13 349:19 503:20 508:24 filings 350:23,25 fill 544:21 551:22 final 295:15 300:12,12 308:19 316:22 323:24 325:4 339:14,22 345:11 400:11 462:16 494:21 495:7 504:5 528:8 534:7 finalization 306:25 finalized 302:10 462:8 finally 340:19 financial 340:1,4,8 341:19 342:3,7 529:19 549:9 551:9 find 307:14,21 320:21 326:2 335:21 349:10 355:5 376:19 381:3 385:9 416:4,5 428:16 438:11 440:20 448:14 453:2 456:15 465:8 473:10 483:15 487:4 522:12,19 527:21 547:21 finding 308:25 432:25 461:7,9 fine 306:6 357:21 413:16 468:25 499:4 518:9 528:25 finer 339:10 fine-mesh 403:7 fine-wire 435:8 fingers 538:10 finish 348:12 finished 316:24 462:14 509:10

Finland 548:9 550:5 fire 400:20 firm 427:14 540:18 548:6 first 293:19 294:9 311:1 322:16,19 325:12 326:16 327:20 328:24 336:10 347:5 351:11 362:25 398:15 424:20 429:15 437:21 460:17 463:6 470:8 471:12 478:12 479:12 483:1 493:5 497:3 500:11 502:10,18 514:9 519:18 526:22 529:22 531:3 535:15 554:1 fish 317:23 318:2,7,16 319:7 381:17 384:12 386:4,12 390:1,12,17 396:13 423:19,22 426:4 426:22 428:3,17 429:21 433:22 434:9 436:5 fissionable 542:12 fits 483:6 five 324:4 329:20 330:17 336:3 337:8 343:4,17 354:25 355:4 356:4,7,10 356:11 357:20,25 372:6 372:9 460:11 465:12 476:14 477:19,20 488:15 509:22 518:5 five-minute 500:25 518:21 five-year 342:25 fixed 527:11 fixes 527:4 flat 487:16 Flats 465:2 fleet 542:16 flew 401:20 flies 480:22 flip 558:20 floating 525:15,25 floor 288:18 340:2 flow 318:9 334:24 366:2 374:9 381:21,22,24 382:15 527:24 538:20 flower 430:1 flowering 429:19,23 430:24 431:10 432:16 flowers 287:21 429:23 431:7 560:4,21

flowing 425:6,25 flows 390:8 flux 487:7 fly 418:19 535:5 flying 530:17 focus 305:8,8 311:4 382:12 focused 306:22 317:8 318:13 556:23 folder 470:18,19 471:9 folks 307:22 310:2 312:13 368:3 411:19 470:12 481:13 486:12 499:9,15 506:25 507:13 512:11 514:6 517:21,25 518:2 528:14 530:15 531:20 539:23 540:3 follow 314:24 319:14 369:1 380:17 383:1 397:13 463:20 following 463:16 471:7 519:7 follows 294:10 463:7 502:11 follow-up 372:12 food 422:16 553:12,13,14 553:22 555:9,25 556:2,8 557:22 footprint 316:12,23 forage 412:14 foregoing 560:10 foreign 540:18 Forest 391:1 forever 524:17 536:13,15 536:16 forget 535:4 forgot 361:16 form 518:19 541:2 551:10 560:10 formal 295:14 309:6 343:23 469:6 502:20,21 format 416:24 504:22 formation 383:2 formations 332:25 former 408:10 435:16,20 465:3 forming 554:3 forth 354:3 361:20 373:5 451:14 452:24 503:8 505:11 509:5,8 510:1 511:25 512:19 534:17

540:2 550:20 560:9 forward 291:16 338:2 352:16,19 369:19 415:4 416:11 509:18 found 300:20 308:10,15 308:18 315:12 326:12 427:10 434:11 440:12 447:20,20 463:24 471:7 471:9 473:24 544:25 foundation 326:17 328:7 foundations 326:7 four 317:22 325:10 409:21 410:2,17 416:20 417:16,20 427:17 432:12 439:11 519:15 544:10 552:18 fourth 348:16 four-acre 418:7 four-county 397:9 fraction 476:13 482:3 fragment 436:14,16 fragmentation 436:10 fragmenting 438:1 frame 432:15 439:12 France 543:5 Frank 290:5 291:10 314:14 361:11 362:5 371:9,10 375:2 407:14 415:3,15 417:9 451:4 460:15 free 551:9 Freedom 371:17 frequency 423:23 fresh 535:16 friend 535:12 540:13 friends 553:25 frogs 443:6 444:1,9,15,21 front 353:1 361:21 362:6 372:15 455:22 front-loader 539:21 front-loaders 539:8,9 fruit 554:20,22 fuel 543:2 Fuels 287:5 288:12,15 291:19 301:15 302:6,20 303:8 311:13 320:16 325:5 347:16 355:4 357:3 361:17 364:12 366:21 369:10,16 370:22,24 371:6,8 387:2 393:11 414:14 415:16

Court Reporting Videography Digital Reporting Transcription Scanning Copying Denver (303) 296-0017 Boulder (303) 443-0433 Colorado Springs (719) 635-8328 Greeley (970) 356-3306

AGREN BLANDO COURT REPORTING & VIDEO INC

441:14 442:10 444:1,19 463:18 466:13 509:18 512:3 513:23 514:10 516:8 518:17 534:1 538:11 540:7 558:8,25 full 294:2 296:24 301:13 340:23,25 354:10 357:4 429:15 439:24 501:8 544:20 545:19 functioning 531:2 fund 318:1,13 341:8,19 342:3 fundamental 309:18 fundamentally 451:10 funding 341:7 further 380:15 427:16 448:3,5 462:25 471:25 472:3 480:21 498:8 560:7,12 future 353:11 385:17 393:7,9 396:16,23 417:19 533:10 545:13 545:15 555:14,23 G G 291:1 gain 317:2 341:11 gains 550:22 gallons 538:20 gambling 540:12,16 game 545:1 garbage 496:8,8 537:17 gargantuan 352:11 gas 469:10 548:18,20 553:12 gathering 511:17 Gaussian 475:2 geez 558:2 Geiger 523:20 general 288:16 323:18 338:4 340:3 347:5 363:23 366:1 438:14 491:19 512:18 517:4 generally 322:14 323:10 423:1 472:17 498:5 generals 546:19 General's 501:20 generated 485:18 520:2 generation 556:4 generations 536:8,8 553:15 555:15,23

generic 373:4 461:12 494:21 495:7 generically 355:3 gentleman 504:11 geologic 326:12 332:25 536:11 geologists 325:17,20 geology 325:9 332:10 333:2 502:23 geophysical 325:10 geotechnical 301:14 326:14 geo-synthetic 328:8 German 467:20 Germany 467:15 548:6 getting 309:7 312:4 346:17 348:9,12 362:21 389:16 425:3 467:18 509:6 513:24 giant 503:20 536:12 GIGO 496:6 give 302:23 305:14 362:8 368:12 371:25 374:8 420:13 426:9 436:5 442:11 451:1 458:7 459:23 460:3 481:12 482:7,19 483:3 485:4 514:13 554:19 given 345:24 414:9 415:6 460:1 468:2 486:23 494:9 499:7 549:20 550:7,10 gives 480:11 482:5,9 489:10 giving 546:5 glad 491:13 glasses 546:8 glaucus 428:19 glean 521:5 go 293:15 298:4 300:11 300:19,23 303:16 304:5 304:20 305:6,19 309:11 314:22 329:14 330:24 334:23 342:15 344:24 346:22 350:4 352:11 353:10,16 354:12 355:13 358:6 359:16 360:9 361:8 364:2 373:20,20 376:21 381:12 384:8 387:9 402:17 403:10 416:15

422:5 424:4 426:3 428:13,18 446:4 447:15 460:14 463:2 465:7 478:11,12 483:1,2,3,15 484:9 487:9,18 494:13 497:5 499:5 502:6 513:14 515:5 517:5,23 518:20 521:15,25 525:1 527:16 530:4 533:19 536:1 538:15,16 540:9 540:22 543:24 545:4 547:20 549:17 550:13 550:20 554:5 556:4,21 558:9,24,25 Goad 288:17 292:9 296:16,17 297:13 298:12,14 301:22 303:11,23 306:5 307:25 309:5 498:14,15 499:1 500:1,14 501:17,19 502:2 505:23 506:4 508:14 513:13 514:21 517:12,14,19 goes 331:17 335:2 386:17 476:20 503:18 504:4 512:11 521:2 528:5,20 533:4 546:24 551:4 going 292:25 293:7 297:2 299:18 300:11 305:3,11 305:17 308:12 309:17 314:10,11,19 317:10 322:15 323:17 334:9 339:18 342:10 346:24 346:25 347:10 349:23 350:17 352:19 354:11 355:9 356:4 358:7,17 360:11,19 362:18 369:8 369:18,21,25 370:6 373:1,24 374:17 375:11 375:19 377:5,6 379:9,21 380:10 381:14 383:22 383:24 384:11 389:12 392:10 402:10,11 407:11,12 414:13 416:4 416:5 417:13 418:4,22 420:10,11 421:25 422:15 425:15 426:9 428:2 429:14 433:4,24 436:19 443:16 444:7 447:3 448:23 449:5,12 449:17 452:3 459:13,18

460:14 462:21 463:21 464:21 465:7 466:12 471:25 473:19 475:22 478:22,24 481:19 485:23,23 486:6 490:14 496:1,4,11 498:23 499:2 499:10,14,24 504:20 509:1,5 512:18 518:2 519:3 522:11 524:6,8,10 524:11,11,23 525:10 526:4,11,12 527:6,9 531:4,5,7 532:3,12,14 533:8,18 534:21,22 535:14 536:12 537:4,8,8 537:13 538:2 539:8,9,10 539:10,17,21,22,25 540:1,2,3 541:1,4,11 547:16,17 548:14,15 549:8,25 550:15 551:7 555:4,12 556:6,10,19 557:21 558:6,7,9 good 294:13,14 298:7 303:21 310:25 312:1 316:20 323:14,18 324:22 325:4,12 352:9 354:16 357:7 358:3 361:13 372:4 375:4 411:7 413:15 417:11 420:14 430:6 449:16 453:3 462:7 468:24 479:17,23 480:6 493:5 503:10 508:8 519:13 525:10,22,22 526:16 531:24 540:17 545:14 553:3 556:10 557:12 gorilla 547:7 gosh 544:4 gotten 360:15 428:9 528:1 government 380:17 429:11 466:24 467:4,6 467:20 550:17 governmental 433:1 grade 321:23 322:3,6,7 gradual 322:11 325:22 gradually 407:3 graduate 465:2,4 gram 473:18,23 474:10 491:20 Grand 400:2 427:14 430:11 463:11 554:24

Court Reporting Videography Digital Reporting Transcription Scanning Copying Denver (303) 296-0017 Boulder (303) 443-0433 Colorado Springs (719) 635-8328 Greeley (970) 356-3306

AGREN BLANDO COURT REPORTING & VIDEO INC

granted 547:21 548:14 grants 556:6,17 graph 484:5 grass 487:15,20 grasses 406:10 407:9 grassland 405:22 407:4 410:9,11 411:13 412:18 465:6 grasslands 407:6,8 408:6 408:8,13,16 grassland-type 410:13 grave 540:22 gravel 447:21 gravity 334:24 grayish-green 431:11 graze 412:14 grazing 316:19 412:15 Great 465:23 558:3 greater 529:3 greatest 436:9 Greetings 502:14 grew 546:15 Grossman 289:2 290:10 290:12,13 313:14 314:6 354:9,10 367:25 368:16 370:19,21 371:4 372:4 372:10 407:24 459:20 459:22,25 460:6 469:2 469:12,23 474:24,25 476:1 477:3,24 478:9,14 481:16 482:5,11 484:15 484:24 486:1,7,11 490:18,21,22 493:1 500:15 502:4,5,13 505:23 506:5,9,11 507:24 515:2,8 516:2 Grossman's 474:13 500:13 ground 410:22 411:23 429:20 431:11 432:9 471:4 473:4,8 488:2 494:16 522:5 grounds 376:14,21 groundwater 320:24 327:20 328:17 329:24 330:19 331:2,4,7 332:15 333:2 335:22 336:12 337:4,5 383:4 384:6 557:16 group 287:1 306:16 313:8 480:15 488:22

grouse 318:22 319:8 376:3,5,7,13 377:6,8 396:2,5,7,8 404:19 435:14,15 436:6,9,15,25 437:13 438:6,18 439:7 439:15 440:11,20 grow 327:13 556:2,21 growing 555:8 556:7 guarantee 549:1 Guardians 434:13 guess 291:9 297:17 301:17 327:12 349:18 354:1 363:14 386:7 391:13 397:13 398:1 407:23 409:7 410:5,15 410:19 412:16 420:6 422:5 431:7 444:8 445:21 463:14 477:7 499:15 504:17 523:13 544:8 guessed 346:16 guessing 321:19 369:24 379:7 387:15 465:14 guesstimating 520:10 guest 309:11 guidance 299:23,24,24 301:7,16 391:12 guidelines 391:13 guilt 529:19 gun 541:2 Gunnison 318:22 319:8 396:5,8 433:13,14,19 435:6,14,15 436:6,8,14 436:25 438:5,18 gutters 549:17 guy 476:1 guys 407:25 558:10 H H 288:12 habitat 315:9,21 375:12 375:14 377:7 378:3,8,17 398:15 405:4,19,20,22 405:23 406:2,18 407:6 410:7,21,23 427:8 435:3 435:4 436:11,15,17,18 436:21,24 437:3,5,8,8 437:12,15,25 446:5,9 448:8 449:5,19 habitats 343:14 405:23 433:15 441:2

hacked 539:4,5,5 hairdrier 548:2 half 380:1,24 397:8 406:2 542:16 547:14 halfway 402:15 half-life 535:25 Hamburger 527:17 hammer 367:7 Hancock 514:16,16 517:9 hand 298:7 501:5 533:9 551:20 handed 357:6 handful 538:23 handing 387:12 handle 292:23 354:6 356:7 425:13 550:8 handled 350:11 362:22 handling 347:21 hands 519:15 552:3 558:9 Hanford 544:18 545:10 hanging 354:4 happen 404:1 419:4 424:7 426:5,18,20 451:24,25 490:2 527:4 532:24 537:9 542:22 547:19 550:6 happened 310:12 341:24 354:4 387:22 507:1 happening 308:5 403:8 424:4 happens 303:25 339:4 375:10 411:24 548:25 happenstance 467:18 happier 457:15,16 happy 443:6 507:6 hard 338:14 351:9 357:5 357:11 407:23 431:8 454:8 520:11 521:6 hardass 551:3 harder 418:22 harm 529:22 harmful 529:23 hat 312:17 533:9 haul 539:20 hauler 534:13 539:22 haulers 534:18,19 539:10 539:11,16 hauling 541:5 hay 554:12

hazardous 306:17 328:17 339:18 426:15 hazing 455:16 HDPE 333:16 head 328:4 350:21 476:2 484:4 514:16 548:6 headed 362:20 heads 354:4 health 288:19 310:2 464:5 467:14 468:6,13 501:14,21 520:3 522:8 523:7 550:19 553:22 healthy 523:23 556:1 heap 421:14 hear 314:1 339:20 358:15 373:5 455:4,24 514:6 527:19 heard 339:24 344:3 416:19,20 457:19 476:3 524:13 526:13 535:19 hearing 287:3,18 291:3 292:2,8 293:4,22 294:1 294:4,6 296:18,21,25 297:4,8,13 298:16 299:6 299:12,16,18 300:14 301:2,5,9 303:5,13,14 303:16,22 304:10,23 305:14 306:3 307:5 308:7,13,15 309:1,9,21 309:24,25 310:1,4,6,8 310:15 311:7,8,14,19 312:4,21 313:18 314:9 344:1 345:21 346:7,12 346:19 347:7,24 349:20 350:13,18,24 351:6,10 354:20 355:2,20 356:9 356:21 357:8,11,17,24 358:9,17,24 359:6,12,15 359:22 360:18,23 361:5 362:10,14 363:22 364:3 367:10,15 370:5,16,20 374:13,21,24 376:10 384:4,13 387:9 389:21 401:8 402:12,16 407:15 411:18 412:1,6 413:16 413:21,24 414:6,23 415:2,19,25 416:8 428:20,25 429:9 431:5 431:17 442:7 444:17 459:6,11,15,19,23 460:4 460:8,13 463:1 468:15

Court Reporting Videography Digital Reporting Transcription Scanning Copying Denver (303) 296-0017 Boulder (303) 443-0433 Colorado Springs (719) 635-8328 Greeley (970) 356-3306

AGREN BLANDO COURT REPORTING & VIDEO INC

468:19,23,25 469:22,25 476:25 478:8 481:13 484:13,22 486:3,9 495:2 498:9,12,14,16,20 499:18,23 500:11,16,20 500:24 501:2,3,7,10,15 501:22 502:3,7 507:25 508:4,12 513:9,17 514:5 515:4 516:3 517:12,15 517:20 518:8 519:6,11 519:14,17,25 520:5 523:9 524:3 525:4,7 526:2,7 551:19 552:1,5 557:1 559:6 hearings 520:5 524:22 541:24 heavily 494:20 heavy 530:5 height 483:4 486:17 487:10,11 490:24 491:1 491:2,7 held 348:11 Hello 516:7 help 296:3 300:1,25 302:2 339:7 387:5 394:23 399:14 451:23 454:22 458:2 465:21,22 497:8 506:10 527:11 551:6 556:2 helped 293:5 295:9 297:21 470:21 511:15 helpful 327:14 513:3 helping 383:16 507:15 hemp 556:13,13,14,19 Heritage 431:14 hesitate 307:17 Hey 451:22 hibernation 398:10 hide 346:22 high 322:10 323:16,17 380:8 381:11 425:7 450:7 higher 323:12 330:20 437:2 460:3 486:15 488:5 528:15,18 539:3 highest 490:24 491:3 532:13 highlighted 439:2 highly 298:15 311:25 400:23 404:5 484:10 512:25 513:24

highway 529:7 544:4 highways 534:16 high-flow 382:4 high-quality 507:18 HILL 347:19 355:11 361:15 366:6 370:17 374:3 496:20 hills 525:18 HILL's 366:10 hire 320:1 453:14 hired 319:24 427:14 453:14 503:2 historic 324:23 338:20 historically 411:4 542:15 549:21 hoards 361:6 hold 306:12 379:17 455:22 484:13 504:17 holding 513:9 holes 325:8 home 463:17 471:7 homes 398:1 honest 383:15 386:21 391:21 395:1 421:9 423:7 426:6 506:19 honeybees 555:20 Honeywood 323:11 honor 292:10 298:14,17 299:3 301:22 302:1 304:9 305:5 306:5 308:3 309:5,13 310:7 313:14 329:6 345:18 349:18 351:8 357:15,22 362:3,8 367:13 383:21 385:10 387:7 389:12 399:8 415:11,15 416:7 441:25 459:4 468:12 485:20 494:24 498:8 505:25 506:4 513:13 515:2 518:4 526:13,19 HONORABLE 287:18 hookless 427:2,8,9 428:5 428:19 429:16 431:22 431:23 432:4 hope 298:2 308:7 362:19 393:12 402:19 558:21 hopefully 293:15 332:21 360:10 476:21 536:8 hoping 510:9 horizontal 324:1 horse 320:20

horses 554:13,13 555:21 hose 530:7 hour 291:12 298:25 413:18,22 476:12,13,14 477:18 481:6,11 482:19 483:24 488:16 503:21 533:22 hourly 476:6 477:2,9 481:1,12 482:6,9 516:15 hours 477:10,14,14 478:4 481:9 492:19,24 547:2 huge 298:24 334:21 452:1 483:16 534:3 human 458:8 humanity 533:15 545:17 humbling 552:10 Humidity 485:11,16 hundreds 321:7 350:1 351:19,21 537:25 538:19 hydraulic 328:4 hypothetical 461:4 I Idaho 486:24,24 idea 315:18 316:15 371:4 376:23 378:22 420:14 426:9 478:25 499:9 537:11,13 540:17 547:3 547:5 ideal 510:15 ideas 552:13 identical 321:13 345:3 identification 319:3 identified 317:19 318:25 319:2,8 409:23 410:24 433:16 identify 317:22 430:17 448:7 III 287:3 illnesses 527:21,22 imagine 376:24 389:10 401:11 421:21 447:12 488:17 immediate 317:20 337:24 385:17 404:16 impact 295:5 318:24 319:15,19 320:7 391:24 392:3,5 396:11,15 398:20 399:10,16,21 400:16,21 420:11 435:4

437:7 438:4 450:10 461:7,10 491:17 494:21 495:7 534:18 impacted 456:18 impacts 323:5 331:7 365:16,23 394:9,11,17 394:18 395:3,5,6,9 396:1,2 398:8 400:17,22 402:3 420:15 451:19 454:11 479:8 important 368:10 410:20 421:5,8 495:17,25 496:3 522:23 523:5,5 importantly 489:19 impose 298:24 impossibility 307:19 impossible 305:21 impoundment 325:6 327:8,22 338:11,20,25 521:11 impoundments 321:21 326:21 333:10 456:2,3 520:24 impractical 454:4 impression 406:16 improve 378:15 improved 391:11 improvement 315:10 324:11 333:23 375:12 375:15 377:7 378:4,9 436:18 improvements 316:2 inadequate 522:13 incapable 451:10 inch 418:14 536:19 inches 324:18 403:12 418:13 474:11 535:15 incidence 423:5 inclination 517:23 include 330:7 414:21 436:4 469:10 included 337:18,19 including 352:5 393:20 475:8 500:3 546:20 inclusive 414:24 incorporated 324:17,19 329:8 526:10 incorporates 329:24 increase 316:16 342:1 increased 324:13 340:16 340:18

Court Reporting Videography Digital Reporting Transcription Scanning Copying Denver (303) 296-0017 Boulder (303) 443-0433 Colorado Springs (719) 635-8328 Greeley (970) 356-3306

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increasing 336:4 increments 503:22 incurring 312:7 independent 465:21 INDEX 290:1 indicate 408:21 444:14 475:18 indicated 330:5 357:22 476:3 500:2 indicates 314:18 indication 444:16 individual 418:6 individually 488:23,24 545:18 individuals 304:1 429:17 industrial 388:16,20 556:13 industry 373:8 549:11 infiltration 324:25 influence 485:16 inform 413:9 informal 343:21 374:10 469:7 informally 369:16 information 311:16 313:10 326:10,16 345:17 362:17 363:19 366:4 368:4 370:10 371:17 372:5 397:1 408:13 413:2 416:17 420:7 430:2 431:24 432:7,25 433:1,22,25 434:16 438:20 444:10 491:16 510:24 514:19 518:18 521:2,4 552:9,12 informed 408:18 478:23 infrastructure 548:1,4 548:12 ingest 450:20 inhabit 433:15 inhabiting 408:15 initial 310:18 337:25 481:18 509:21 initially 417:18 initiated 309:15 inject 383:8 input 306:14 466:8 475:24 476:5,20 482:20 482:20 488:17 497:11 505:10 520:13

inputs 488:7,8,10,11 inquire 408:21 inquiry 414:25 ins 357:19 insects 421:24 422:5 inside 333:18 375:18 403:17 419:2 481:21 527:19 547:3 inspecting 435:9 inspections 403:19 503:25 instances 321:24,25 494:5 instantly 531:4 instigator 537:11 instrumentation 507:18 510:5 insurance 549:3 insure 549:3 integral 481:8 integrates 481:5 482:1 integration 539:14 intend 385:16 500:1 557:4 intends 356:11 intensive 427:7,22 430:3 432:21 intent 378:10 444:13,16 516:16 interact 332:11 interaction 311:12 475:17 intercepted 383:4 interest 287:17 289:3 313:9 341:11 368:9 475:18 500:6,15 553:7 interested 291:22 308:11 368:19,22 370:13,23 371:6 513:11 560:14 interesting 309:22 314:12 371:24 487:4 504:16 515:1 interests 339:23 interfere 377:20 interim 339:13 intermittent-type 377:16 internally 495:10 international 326:23 327:1 532:13 Internet 547:20

interpret 392:12 interpretation 458:16 469:14 490:4 interval 477:1 481:23 interview 462:15 interviewed 461:20 intrigued 467:15 introduce 428:11 508:15 550:14 introduction 501:18 inversions 510:18 investigation 442:16 investors 540:14 invite 361:6 invited 309:12 453:17 inviting 555:10 invoices 296:19 involve 415:5 involved 303:7 364:21 365:1,3 372:24 373:7 391:8 450:7 470:6 472:12 485:11 504:6,13 529:23 involvement 302:11 320:3 342:24 505:21 507:11 509:9 516:24 involves 464:18,20 503:4 in-camera 346:9 347:8 413:17 416:9 in-house 533:8 in-situ 373:1 in-stream 382:24 383:12 Iran 532:22 Iraq 541:1 ironic 538:22 544:17 ironically 453:11 irrigation 538:22 isolated 448:12 isotope 535:24 issue 293:19,21 310:14 327:18 329:15 339:2 344:12 347:10 363:7 381:16 384:2,5 452:1 454:5 455:18,23,25 457:1,19 521:19,22 523:1,5 530:23 532:11 533:12 537:16 538:18 539:4 issued 302:13 341:16,22 342:24 504:15 517:6 522:25

issues 298:18 299:1 312:5 346:10 364:2 365:7 373:20 375:7 381:15 383:17,19 384:7 452:6,13 454:25 455:18 522:14 526:21 531:13 531:23 533:25 534:24 557:3 item 414:15,15,18 529:24 542:11 items 295:24 526:12 546:11,20 551:11 iterative 310:17 i.e 313:7 J J 294:3 jackrabbits 376:2 JAG 287:2 jam 292:6 James 288:9 January 309:17 344:10 Japan 547:12 549:17 Japanese 549:16,22 551:12 jaws 554:18 JEFFREY 288:5 Jerry 288:17 498:24 501:19 job 430:20 503:4 539:19 545:14 554:4 557:7 jobs 524:6,12,13 525:11 525:20 528:25 538:24 539:4,6 540:5 550:12,16 550:17 551:5 552:15,15 552:19 554:4 555:2,5,14 556:3,6,24 557:18,24 558:4 joining 405:21 Journal 548:7 journals 301:14 465:13 Juan 400:1 judge 357:6 358:15 359:11 402:9 413:14 470:13 523:12 553:2 judgments 493:15 JUDICIAL 287:1 July 407:13 462:10,13 528:9 529:10 534:8 July-ish 462:6 jump 375:8

Court Reporting Videography Digital Reporting Transcription Scanning Copying Denver (303) 296-0017 Boulder (303) 443-0433 Colorado Springs (719) 635-8328 Greeley (970) 356-3306

AGREN BLANDO COURT REPORTING & VIDEO INC

Junction 427:15 430:11 463:11 554:24 June 529:18 juniper 411:24 junk 496:11 K Kansas 464:4 keep 294:17 301:3 304:16 304:17 318:20 321:5 331:18,19 338:13,21 339:6,7 357:23 363:11 369:10 375:8 398:11 402:11,20 422:15 450:6 454:21 456:7 484:18 530:17 531:2,3 keeping 368:19 522:18 keeps 328:4 kept 301:21 335:17 353:10 363:23 key 326:18 kids 381:12 552:18,18 553:8 555:5 kill 426:4 kilometers 472:22,23 480:8,23 kilowatt 548:1,11,17,19 kind 304:18 307:8 309:22 312:11 317:12 323:6 324:24 329:14 356:12 373:10 378:17 382:14 382:19 398:24 399:15 407:23 422:9,23 431:8 453:9 469:4 504:3 506:15 509:21 512:25 518:20 521:7 524:18 527:15,22 529:16 531:13 538:24 541:22 545:8 546:2,15 547:7 551:3,22 553:5 555:2,4 kinds 295:20 298:11 305:2 372:14 465:19 485:6 487:11 521:25 kitchen 553:10 Kleinfelder 405:7 408:8 408:24 409:2 411:8 427:18 432:12 knew 303:3 475:21 knock 547:9 know 296:13 300:6 302:24 303:14,24

304:18,19 305:9 307:25 310:10 311:7,13,15,17 312:6 313:4,10 316:1,20 317:25 323:14,15 328:13 335:16 350:5,19 350:21 351:13 352:18 352:25 353:9,25 354:2 356:3,14 359:2,19 360:21 363:14 364:20 365:1,8 366:16 367:6,18 376:16,17 377:2,21,23 378:19 380:15 386:19 386:20 387:4,23 389:8 390:15 391:8,11,19 393:5 394:19,19 396:18 396:21,24 398:10 399:1 399:2,3 401:12,12,22 402:2,9 403:13 411:10 412:12,22 415:1 417:1 419:8,9,20 420:17,20,22 420:22,23 422:3,17,18 422:22 423:1,6,25 425:3 425:5,10,13 426:6 427:16 428:14,23 430:14,20 433:4 434:19 434:20 435:2,25 436:13 437:10,24 439:24 440:9 440:13 441:19 443:12 443:13,14 445:9,25,25 446:1,14,23 449:14,15 449:22 450:4,16 452:2,9 453:17,18 454:5,7,10,18 454:25 455:6 456:18 457:7 463:2 475:23 477:10 479:25 480:25 480:25 481:3 483:7,9 484:18 485:13 486:16 488:3 490:10,22 493:17 495:8,19 496:4 497:15 497:16 500:4,16 501:22 504:11 505:21 506:18 507:11 508:11 511:19 512:4,12 513:5,5 514:8 514:9,13,17 515:24 516:18 517:7 519:9 523:3 526:12 527:5,12 527:16 528:13 529:12 529:13 530:3,24 531:14 531:18 532:1,4 533:14 533:17,20 534:15,23 535:1,17 537:5,7,23

538:1 540:15,17 541:19 541:21,25 543:4 544:10 546:3,14,23 547:25 548:5 549:14,19,21 550:1,9,17,22 551:11 552:9,12,21 553:4,6,7 553:13,21 556:1,6,7 557:7,9,15,23 knowing 354:11 434:17 443:18 444:6 445:3 452:10 knowledge 385:25 517:2 529:21 known 485:19 556:16 knows 354:6 357:19 442:1 452:15 513:18 524:9 541:6 559:3 Korea 532:19 L labeled 348:23 399:15 442:6 labor 518:15 laboratories 467:12 laboratory 326:14 331:14 467:2,18 475:13,14 492:1 495:9 lack 449:1 458:8 laid 356:19 lake 447:21 lakes 447:22,22 Lakewood 288:14 land 316:12 319:11 386:9 386:13,16,17 404:15 456:4,9,11 460:22 474:1 474:2 534:11 535:13,15 556:8,15 landing 455:19 456:7 458:19 landowner 408:10,21 lands 480:17 534:10,11 landscape 395:20 land-managing 317:16 lane 544:3 lanes 534:17 language 321:16 497:5 laptop 483:14 large 292:15 322:20 421:16 438:4 440:17 477:25 497:14 larger 334:6 352:2 399:22

447:22 545:25 Larry 500:3,5 Lastly 492:11 lasts 558:2 late 298:25 320:23 372:23 391:5 530:4 545:1 552:24 lately 388:10 latent 528:5 529:6 laughable 544:2 law 288:2 308:25 313:23 383:12,20 Lawrence 290:4 294:3,8 laws 319:22 lawyers 312:5 346:23 501:4 lawyer-related 360:2 layer 330:11 478:21 490:1,6 layman 449:22 468:3 478:23 482:2 layman's 437:11 leach 333:20 373:1 421:14 lead 450:19 leading 311:14 leads 381:22 521:21 leak 328:3 535:2 537:12 lease 387:13,14 Leasing 528:8 534:7 leave 422:6 450:11 507:25 517:24 leaving 554:10 Lee 357:15 358:16 359:10 359:14,21 360:24 361:2 361:3 left 314:19 331:5 412:20 433:6 467:5,11 517:24 545:19 554:14,15 legacies 530:9 legacy 527:21 528:4 534:6,10 535:17 550:15 legal 288:13 345:20 347:2 367:1 386:20 legalized 556:12 legally 540:7 lek 318:22 376:7,12,13,16 376:20 length 327:24 483:10 538:19 lengthier 526:4

Court Reporting Videography Digital Reporting Transcription Scanning Copying Denver (303) 296-0017 Boulder (303) 443-0433 Colorado Springs (719) 635-8328 Greeley (970) 356-3306

AGREN BLANDO COURT REPORTING & VIDEO INC

lengthy 499:14 lenient 540:9 lessee's 388:16,16 lethal 545:16 letter 302:11 523:12 letters 297:9 let's 339:22 347:4 372:21 381:24 392:20 398:14 413:21 426:25 440:4 451:18 457:20 463:1 470:3 478:18 483:1 487:9 500:24 524:6,23 524:24 528:17 542:7 548:2,16,21 level 374:6,11 380:5,7,8 446:25 453:25 454:1 487:25 526:24 528:16 528:18 542:9 546:23 levels 330:20,24 331:2 336:5 337:13 338:8 380:9 381:2,3 426:21 486:15 510:19 license 287:6 302:13 314:21 330:4,4 335:24 340:7 341:9,15,18,22 342:24 343:1,5,16,19,22 364:17 366:9 372:22 384:2 389:17 396:21 397:2 405:17 420:13 434:5 460:17,18 470:5 470:13,15 501:23 506:8 511:22 513:24 514:4 522:10 539:20 licensed 328:18 licensee 520:22 licenses 391:3 licensing 340:9 460:25 life 316:23 317:3 323:18 377:20 524:21 549:7 555:21 light 529:8 liked 510:22 likelihood 461:10 Likewise 342:13 limit 308:1 472:2,5 538:2 550:18 limited 360:11 449:20 533:3 534:16 550:22 limiting 333:23 limits 328:19 Lincoln 288:10

line 309:15 320:20 330:16 334:7 340:12 383:24 384:10,15 389:13 451:25 472:2,9 483:23,24 537:18 liner 327:25 328:1,2,5,8,9 328:11,14,14 332:9,12 333:9 536:16,16 liners 328:25 331:13 379:16 537:12 lines 465:11,16,17 472:20 530:2 537:4 link 293:6,16 list 318:20 348:12 349:3 351:21 352:12 356:3 359:17 417:5 434:10 500:17,18 519:15,18 526:8,11 532:16,16 listed 427:5 listening 358:22 559:5 listing 433:16 literally 301:18 literature 299:25 456:23 480:10 litigation 368:2,10 little 290:9 291:19 304:25 305:2 306:15 315:2 327:5 329:23 336:11 343:2 349:9 350:3 355:10 362:21 373:18 374:2 375:9 382:22 390:19 391:8,10 394:9 399:22 416:17 421:1 427:24 430:16 444:10 449:25 452:15 455:19 457:24 463:5,10,17,21 463:24 468:12 469:8,8 469:16 470:3 473:22 477:2 478:13 481:24 484:21 493:2,5 495:1 498:18,19 501:18 504:19 520:8 526:3 529:16 536:10 537:7 541:8 544:3,12 557:13 558:7 Little's 494:24 live 354:24 403:4 432:2 444:3 466:3 526:9 528:6 528:21 529:3 530:11 535:11 554:13 555:16 557:11

lived 523:23 552:16 livestock 315:20 377:22 557:22 living 443:3 528:17 536:20 LLP 288:8 load 474:5 530:13 loads 531:1,1 loan 549:1 local 553:14 locally 492:5 locate 429:17 located 325:7 446:16 460:22 location 322:2 442:5 444:11 472:14 489:11 535:21 locations 489:12 Lockheed 546:5 lofted 489:25 lofting 490:5,11,14 log 358:12 414:7,13 logistically 538:2 long 294:18 317:4 357:21 359:2 360:8 363:19 388:9 394:13,14,15 399:4 404:22 441:10 444:25 456:13,17 458:23 479:24,25 493:11 508:21 517:4 524:4 551:17 558:13 longer 379:22 549:1 long-term 327:17 329:15 336:20 339:17 341:8,19 342:2 538:23 556:23 look 296:9,10 304:5 307:10 308:16,20 312:13 313:24 320:20 350:11 351:23 354:8 363:12 373:15 387:5 394:23 396:2,22 428:13 440:1,1 445:12,22,25 477:17 480:24 503:23 503:24 508:24 510:4 512:24 514:17 523:24 525:1 536:1 looked 317:17 319:6 320:1,25 325:9,17 386:6 395:2 396:25 420:14 433:3 446:1,3,12 450:5 456:23 464:8 475:25

478:24 484:5 506:14 524:16 looking 300:3 306:23 307:3 309:10 311:22 320:16 350:22 352:2 354:9,14 360:1 370:12 399:19 400:9 405:6,12 405:13 410:8 416:11 425:21 442:14,15 448:10,11,12 449:7 466:21 479:7 532:17 535:12 536:10,21 537:23 539:6 540:5 543:14 552:15 555:7 looks 333:2,2 343:5 345:2 399:22 400:2 445:13 457:24 503:24 504:21 507:12 loose 429:7 lose 499:11,12 546:25 557:24 losing 499:2,25 loss 436:10 lost 315:22 481:14 537:6 547:2 lot 294:17 306:9 322:15 324:16 325:16 337:8 338:20 339:4,23,24 344:24 376:1 385:25 388:7 391:4 393:19 430:17 435:10 438:2 444:24 452:3 453:15 454:2,3 464:19 479:19 485:22 489:13 500:17 503:3 505:1,10 509:4,5 510:1 511:19 515:25 517:7 525:14,24 526:13 526:14 530:8 531:18 546:11 553:8 555:18 556:3,16,20 lots 535:8 546:2 lottery 312:20 LOUIS 289:2 love 533:16 low 318:8 331:2 337:13 338:8 342:4 380:7,9 426:21 450:9 lower 327:11 392:20 471:25 474:8 485:16 487:13 528:16 low-flow 381:25

Court Reporting Videography Digital Reporting Transcription Scanning Copying Denver (303) 296-0017 Boulder (303) 443-0433 Colorado Springs (719) 635-8328 Greeley (970) 356-3306

AGREN BLANDO COURT REPORTING & VIDEO INC

low-level 425:23 Lucas 288:9 290:6,13 291:6 308:3,9,23 309:6 314:15 343:24 344:2 345:22,23 346:6 348:15 348:22 349:1,5,8,12,15 349:25 350:16,20 351:4 351:15,20 352:17,22,25 353:5,8,19 354:18 355:1 355:23 356:2,25 358:7 358:20 359:4 362:15,20 362:25 363:4,10,14 367:13,16 368:16,25 383:21 384:10 387:25 388:2 389:12 399:8 413:20 415:14,24 428:6 428:12 429:4 431:3 441:25 443:8 444:12 450:25 514:1 516:3,6,7 517:11 lunch 358:10 402:10 413:23 462:6 490:14 511:12 LynTec 364:18,25 Lyons 288:6 L-E-E 361:3 L-E-K 376:12 M machine 502:15 magilla 524:7 magnitude 327:5 392:2 main 287:20 288:3 305:8 305:8 306:22 371:12 532:19,21 maintain 296:6 300:15 301:10 303:9 415:7 416:18 maintained 299:21 304:25 369:14 382:25 383:9 major 300:22 majority 528:19 544:20 making 304:24 338:19 342:16 343:16,20 348:10 349:15 355:19 358:5 369:2 373:16 452:3 471:23 477:25 503:9 510:2 541:4 malfunctions 477:11 managed 406:25 407:2

410:1,13 411:13 413:6 management 306:17 406:19 528:4 534:7 manager 302:22 367:2 451:16 mandate 310:2 manifested 550:4 mankind 545:2 manner 521:24 manufacture 529:23 man-induced 536:22 map 399:14,20 March 341:16 Marilyn 500:9 mark 367:11 marked 353:15,20 356:23 357:21 marked-up 416:3 marker 545:3 market 532:13 539:17 marketplace 551:10 Martin 546:5 masks 532:2,5 massive 531:12 544:5,5 master 502:24 master's 464:5 match 489:9 material 302:19 329:11 340:14 341:2 365:6 379:20,25 380:4,4 390:11 395:19 425:15 482:3,4 511:4,5 521:11 537:3,10 materials 287:6 306:17 311:9 333:15 344:11,12 347:16 348:8 356:19 384:2 389:17 426:16 464:15,16,18 501:23 521:22 matrix 472:21 476:9,14 476:19 487:1 488:12,17 MATT 288:21 matter 287:17 298:1 305:12 343:15 360:16 501:21 508:19 527:10 527:12 matters 291:9 527:7 Matt's 461:3 Mawr 502:23 max 459:10 maximum 324:6 327:1,3

334:14,25 335:5 480:11 534:10 McMullen's 310:5 McPhee 384:22 385:21 McPherson 464:4,4 mean 299:21 303:9,20 304:4 307:11 310:19 312:2,5 323:16 355:5 356:12,14 365:12 380:9 389:11 401:13 407:2 409:12 419:7 425:14 440:1 443:17 444:8,15 448:9 450:22 454:16,19 455:2,18 456:18 458:10 464:13 470:14 477:21 496:10 509:13 518:14 521:9,10 530:18 538:5 544:4 meaning 491:1 means 293:3 342:15 496:10 532:17 meant 512:20 measurable 529:11 measure 450:9 486:18 520:17 529:6 545:1,3 measured 390:6,12 measurement 477:16 479:25 490:24 492:6 494:11 measurements 466:9 476:7 477:12 479:23 480:4 492:4 494:18 495:22 497:10 520:20 520:23 521:7 measures 315:5 316:16 386:3 388:24 390:9 401:23 404:4,20 412:5 425:16 434:25 450:6 454:24 455:21 measuring 545:7 mechanically 293:8 media 399:2 meet 320:22 322:9 472:1 472:3 513:23 meeting 509:21 551:1 meetings 509:4,16 member 467:17 471:17 471:20 472:4 493:20 520:11 members 368:1,11,12 466:3 470:10 471:13

529:3 memory 322:8 350:3 351:1 370:6 427:12 mention 406:6 mentioned 316:11 342:25 374:7 376:1 387:20 406:9,20,22 419:8 427:1 483:1 484:2 490:16 500:12 507:16 541:18 553:6 merely 299:9 mesa 323:9,12 399:23 521:19 523:3 560:3 mesas 380:6 mesh 435:8 mess 355:19 526:6 554:10,14,15 messing 524:23 met 321:1 341:14 369:15 metal 535:5,5 536:18 metals 425:24,25 meteorological 469:5 476:5 478:21 488:11 502:20,22 503:17 509:3 516:14 meteorologists 511:3 meteorology 469:9 476:6 485:2 486:22 488:18 meter 473:15 474:1,2,10 meters 486:16 515:21,21 515:22,22 methodology 405:1 422:22 methods 339:15 metric 542:12,15 543:4,5 543:6 Mexico 372:2 microns 505:4 microphone 518:23 519:18 552:6 microphones 546:7 middle 303:14 547:8 midst 298:16 migrate 437:13 438:1 449:20 migration 327:21 migratory 401:15 409:25 446:1 Miguel 342:1 399:24 480:16 526:10 MILDOS 465:24,24

Court Reporting Videography Digital Reporting Transcription Scanning Copying Denver (303) 296-0017 Boulder (303) 443-0433 Colorado Springs (719) 635-8328 Greeley (970) 356-3306

AGREN BLANDO COURT REPORTING & VIDEO INC

466:1,15,16 469:10 471:16 472:14 474:5 475:1 476:6 478:24,25 479:6,10 480:4,11,18 481:3 482:25 483:20 484:7 487:3 489:19 490:3,23 494:17 495:3 520:9,9,13 521:16 523:1 523:2,4 MILDOS-AREA 475:4,6 mile 442:25 miles 317:24 318:17,23 327:6 376:6 383:8 398:25 399:6 423:2,3 472:22 476:12,12,14 479:21,21 480:19 488:15 531:18,24 533:22 541:7 554:24 milked 543:18 mill 287:6 316:12,23,24 317:10 318:24 319:10 320:17,18 321:2 322:4 323:2 326:3,7,18,25 329:2 333:12 334:2,8,21 337:11,20,24 340:19 344:4 345:4 346:4 366:1 371:2 372:22 375:24 382:8,19 383:1 391:3 393:5 395:7,24 396:17 396:23 399:11 400:4,20 401:16 402:20 421:13 421:15 424:18,20 435:1 436:14 452:16 454:6,9 457:19 460:18,19,21 461:5 466:4 471:18,19 472:15 475:8 479:9 491:17 497:24 511:1 512:15 520:22 521:8,19 522:2 523:3,13 525:10 525:17,22 530:25 531:2 531:3,11 534:25 535:7 537:11 539:2,15 543:16 543:17,24 555:3,13 556:18 557:9,15 558:1 milling 371:6 494:21 million 325:15 340:8,10 340:19 341:1 342:4 380:1,25 543:14 544:2 millions 325:23 370:11 millirem 471:19 472:8 mills 326:1 370:13

396:21 461:12 466:14 466:15 520:19 Milt's 527:17 mimmick 449:6 mind 421:7 mine 344:16 397:5,12 398:9,18,25 399:10 421:15,15 454:6 465:22 525:17 528:6 535:12 540:13 553:25 mined 397:20 398:16 miners 453:18 mines 344:9 380:7 381:5 381:10 395:6 396:20,23 397:11,14,18,19 398:1,5 400:3 520:16 534:12 539:15 553:24 554:9,21 minimize 323:5 332:13 338:4,7 minimized 322:17 333:6 minimum 342:2 mining 288:5 318:23 371:6 396:4,12,16 397:4 397:10 452:1 524:17 553:16 554:14 555:4 556:5 minute 343:24 355:10 362:9 515:4 538:20 minutes 303:4 402:17 459:10 460:7 463:2 466:12 517:21 518:6 534:13 535:11 miraculous 291:4 mischaracterize 474:23 misheard 311:3 mispronounce 519:8 missed 433:2 521:5 missile 545:18,22,23 misunderstood 412:2 mitigate 383:13,15 392:12 398:8 451:19 541:13 542:8 mitigated 316:11 326:5 mitigation 314:25 315:5 315:9,16 317:5,7,13 318:14 382:14 386:3,10 401:22 404:4 434:25 450:5,8 452:7 454:2,7 454:24 544:6 mix 454:21 457:6 462:20 462:21 489:9 550:3

Moab 473:6 527:16 530:10 535:21 558:11 model 335:20,21 466:1,6 469:13,15,17 471:16 473:1 474:6 475:2,4,7 475:11,11,21 476:4,22 481:17,17,20,22 482:24 487:22 490:25 494:12 494:15,18,20,24,25 495:3,4,8,11,13 496:1,4 496:23 497:3,4,13 503:18 504:12 506:14 511:16,18 520:9,13,18 520:21 521:3,16 modelers 504:4,7 505:9 507:22 511:5,19 512:11 515:25 516:1 modeling 464:19 465:24 465:25 466:15,16 480:4 493:15 495:17 498:2 503:13,16 504:5,6 516:18 models 469:9 487:12 497:2 503:14,15 516:1 520:11 molybdenum 534:25 moment 431:1 492:7 499:19,21 550:12 moments 500:21,23 Monday 457:23 money 315:13 336:21,21 337:1 341:8 342:10 467:20 525:24 527:23 527:24 528:24 532:14 533:11 535:22 540:11 543:8,21 544:11 547:14 551:6,7,13,14 556:11 558:10 moneys 341:20 monitored 558:21,22,23 monitoring 329:16,18,20 329:21 330:2 335:18,20 335:23 336:7,12,13,17 337:2,4,6 434:4 494:4 521:7,9,10,11,12,15 Montane 433:15 434:10 month 305:4 monthly 476:3 482:6 months 400:14 462:7 Montrose 399:24 525:23 531:17 537:20 538:9

541:24 553:1 Moore 288:12 morning 291:6,8,13,20 291:23 293:1 294:13,14 294:16 322:16 361:13 375:4,5,7 428:15 457:24 559:7 mortalities 455:7,10 mortality 450:24 mother 323:4 553:10 motions 369:17 Mountain 288:7,21,24 291:7,14,18,24 297:5 318:5 368:1,8 421:2,13 453:12 499:9 508:18 544:16,17,21 545:4 move 291:16 297:1 298:2 305:24 306:1 329:11 339:3,8,22 348:7 352:14 352:16 354:15 355:14 377:5 521:23 551:3 moved 325:15 337:23 355:18 525:9 movement 437:19 movie 518:22 moving 302:14 320:10 320:15 321:20 322:13 327:19 329:23 333:6 334:10 337:3,10 338:2,5 369:17 372:19 390:19 433:12 435:14 544:5 558:17 MOX 543:2 mud 530:4 mulch 324:18 multiple 327:24 350:1 489:5,16 533:12 multiplied 423:6 multitude 484:3 Munich 467:23 municipal 388:15,19 mushroom 541:3 mutations 450:24 N N 291:1 name 294:2 312:17 313:13 360:25 361:16 384:25 415:21 416:16 428:24 501:3,8 508:17 523:10 525:5 553:17,18

Court Reporting Videography Digital Reporting Transcription Scanning Copying Denver (303) 296-0017 Boulder (303) 443-0433 Colorado Springs (719) 635-8328 Greeley (970) 356-3306

AGREN BLANDO COURT REPORTING & VIDEO INC

553:22 557:2 names 313:4 373:5 504:8 514:13 Nancy 290:11 500:7 501:9,19 502:9 508:6 515:7 516:5 narrow 306:15 405:21 541:8 narrowing 306:21 nation 542:16 546:17 national 431:14 467:2,12 467:17 475:12 491:25 495:9 526:23 native 405:22 406:10 407:7,8,9 408:7,15 410:11 412:18 natural 377:20 381:3 395:20 407:6,7 451:11 473:11 484:10 548:18 548:20 nature 299:23 300:1 307:2 323:4 380:21 467:25 553:21 Naturita 323:11 473:6 553:18,20 557:7 near 323:11 325:7 383:2 384:17 423:20 440:11 447:13 528:6 543:24 nearby 455:15 nearest 376:5,7,10 520:14,15 nearly 464:10 468:4 necessarily 366:2 377:3 383:25 387:18 420:8 438:15 442:17 457:14 458:13 531:14 533:23 549:9,24 necessary 317:13 need 299:1,12 305:23 313:4,10 323:24 335:17 346:8 348:1,2 350:2,11 350:19 351:5 354:1,18 356:2,12,13 358:18 359:9 360:22 367:5,6,6 381:21 390:1 416:16 428:24 429:2 440:25 444:9 454:14 506:21 517:8 518:12 519:6 524:6,6,11,13,22 534:4 542:11 543:7 544:13,14 547:6 548:2,4 553:12

needed 366:4 427:16 532:8,9 545:20 552:15 needs 346:1 368:17 485:15 525:20 539:18 544:23 neglected 552:20 negligible 426:23 neighbor 461:20,21,21 461:22,24 neighborhood 400:13 neighbor's 461:19 neither 387:22 433:5 478:17 NEPA 319:16,21 320:3 385:12 390:20,24 391:1 391:6,15,17 392:9 420:24 NEPA-type 391:12 nesting 447:24 net 317:2 netting 417:12 418:4,6,9 418:12,15,18,22 419:3 420:18 421:25 422:14 neutral 491:9 Nevada 525:14 never 300:10 344:13 372:21 419:17 420:1 421:10 457:18 458:25 464:12 467:3 478:15 494:13 527:5 554:6,7 new 320:22 321:2,2 341:22 371:2 372:2,19 379:3,4 391:9 428:9 429:5 437:19 481:20 530:14 545:2,5,22,23 555:7 newest 548:9 nice 324:15 463:13 510:16 nicely 346:15 night 292:22 466:17 554:5 nine 397:9 nitrous 540:24,24 nod 488:9 nodding 485:22,24 nods 486:5 nonagreement 475:9 nonconfidential 357:9 362:4 363:16 nonjurisdictional

446:15 nonpolluting 556:20 nonsaleable 551:11 non-mined 398:1 noon 413:18 NORM 464:11 normal 383:1 normally 297:16 299:19 300:8 366:15 373:25 392:2 507:7 north 488:15 532:19 547:4 northeast 406:2 northwest 405:25 476:15 477:14 Norwood 554:13 Notary 287:23 560:5 notch 537:24 note 292:10 303:15 414:16 432:15 notebook 301:12 Noted 431:5 444:17 notes 295:19,22,23,25 300:6,15,16,24 305:2,7 307:18 nother 314:12 notice 287:16 294:17 305:15 311:14 387:20 436:4 463:12 noticed 503:11 noting 459:25 November 287:4,19 462:14 560:17 novice 539:7 NRC 299:24 301:16 328:5,13 329:5 372:2,23 373:11,16 374:4,5 392:4 461:11 475:9,12 478:4 494:24 495:8 Nucla 287:20 463:10 473:6 501:4 523:11 553:18,18 557:7 nuclear 321:14 372:15,18 373:2 391:2 421:3 466:2 479:13 532:18 541:18 546:16 548:10 549:11 553:19 nucleus 553:20 nukes 547:1 Null 500:9 number 306:12 351:2

353:4 360:12 400:6 425:2 441:14 449:24 473:5 482:12,13,14 487:7 492:9 494:16 527:14 529:10 544:1 numbered 522:17 numbers 297:10 308:1 350:25 469:20 473:11 numerous 509:18 521:13 O O 291:1 Oak 467:2,5,11,17,22 491:25 oath 417:7 518:24 object 345:19 383:23 389:13 429:5 506:1,8 objecting 383:23 513:14 objection 296:15,17 303:15 415:7 431:4 469:1,2,22,23,25 494:23 513:21 objections 298:21 299:1 306:6 objective 323:20 objectivity 453:25 454:1 observations 490:10 515:20 observe 437:23 observed 438:6,18 439:10 440:5 505:12 obvious 524:2 obviously 303:22 310:10 324:14 327:7 335:13 371:20,23 379:5 389:8 424:7 439:10 448:6 527:24 occasion 305:1 occasionally 443:2 447:11 511:11 occupied 435:3 437:3,8 occupies 406:2 occur 315:16 326:18 327:11 340:10 401:21 424:22 490:11 occurring 331:8 occurs 310:9 335:9 490:12 October 363:5 457:23,25 offer 352:7 468:12 526:5 offered 353:13

Court Reporting Videography Digital Reporting Transcription Scanning Copying Denver (303) 296-0017 Boulder (303) 443-0433 Colorado Springs (719) 635-8328 Greeley (970) 356-3306

AGREN BLANDO COURT REPORTING & VIDEO INC

offering 519:2 offhand 371:2 office 288:16 301:18 302:19 303:9 304:2,6 305:16,17,20 307:18 311:24 351:13 467:15 501:20 528:4 550:14 officer 291:3 292:2,8 293:4,22 294:1,4,6 296:18,21,25 297:4,8 299:16,18 300:14 301:2 301:5,9 303:5,13,22 304:10,23 305:14 306:3 307:5 308:7,13 309:1,9 309:21 310:1,15 311:19 312:21 313:18 314:9 344:1 345:21 346:7,12 346:19 347:7 349:20 350:13,18,24 351:6,10 354:20 355:2,20 356:9 356:21 357:8,11,17,24 358:9,17,24 359:6,12,15 359:22 360:18,23 361:5 362:10,14 364:3 367:10 367:15 370:5,16,20 374:13,21,24 376:10 384:4,13 387:9 389:21 401:8 402:12,16 407:15 411:18 412:1,6 413:16 413:21,24 414:6,23 415:2,19,25 416:8 428:20,25 429:9 431:5 431:17 442:7 444:17 459:6,11,15,19,23 460:4 460:8,13 463:1 468:15 468:19,23,25 469:22,25 476:25 478:8 481:13 484:13,22 486:3,9 495:2 498:9,12,14,16,20 499:18,23 500:11,16,20 500:24 501:2,3,7,10,15 502:3,7 507:25 508:4 513:17 514:5 515:4 516:3 517:12,15,20 518:8 519:6,11,14,17 523:9 525:4,7 526:2,7 551:19 552:1,5 557:1 559:6 officially 511:13 offsite 444:8 521:21,23 522:3,4,9

oh 348:17 351:23 397:17 462:11 492:6 512:17 537:5 545:2 558:25 oil 426:3 okay 292:2,8 293:24 296:14,25 301:5 315:4 319:23 323:23 327:23 330:1 332:8,12 333:1 341:17 343:4 345:22 355:1 358:24 360:23 361:5 362:10 363:14,25 368:25 370:3 374:13 375:13 376:20 379:12 384:13 385:2 386:2 399:18 401:10,14 402:1 405:12 413:21 414:6 417:14 439:4 460:13 468:23 470:1 472:24 474:21,23 476:15 478:6 484:1,14,15 486:1,7 495:4 499:23 500:20 502:1,21 507:14 508:3 508:13 512:14 514:22 516:2 517:11,18 518:8 525:7 526:9 545:8 559:1 old 320:18 324:23 407:25 525:16 542:17 older 338:17 old-fashioned 530:18 Olivia 288:9 291:5 516:7 once 300:17 316:23 336:15 360:8,16 381:10 388:9 423:9,25 424:1,8 424:14,14 520:24 524:5 532:25 538:7,13 ones 347:23 348:20 353:1 353:14,20 359:1 414:22 443:22 one's 540:10 one-car 541:13 one-man 465:18 one-time 386:10 one-way 534:9 on-site 316:18 318:3 325:22 340:10 408:6 410:7 432:17 436:17 442:18,20 446:2,4 447:10,11 485:3 open 340:2 349:5 395:18 opened 424:17 534:12 opening 311:6 349:13

474:14 openly 373:10 opens 537:15 open-pit 421:15 operate 301:21 454:6 operates 452:16 454:9 operating 331:18 373:23 403:19 471:18 480:1 495:21 530:25 539:9 operation 528:6,7 543:17 operational 330:6 434:4 operations 315:23 334:16,17,18 335:19 337:11 338:15,23 340:19,25 operator 336:9 343:7 operator/contractor 467:1 Ophir 480:16 526:10 opinion 345:20 386:16 386:20 390:13 401:13 411:9 412:24,25 440:23 440:25 546:9 550:24 opportunity 520:6 526:17 opposed 368:2 369:17 opposite 368:23 optimum 323:25 options 321:22 oral 313:2 416:14 474:16 518:11 519:2 order 305:23,24 310:6 348:13 354:3 366:4 368:13 383:15 458:4 499:10 504:24 520:4 ordering 307:11 ore 329:1 333:11 341:2 345:3 392:24 397:16 423:14,16 424:1 488:19 488:20 497:16,17 512:20 521:13 533:19 organic 554:22 organization 368:9 379:4 organizations 518:15,16 organized 375:8 original 470:13,15,17 481:21 originally 349:22 404:6 418:13 ought 499:11,16 523:20

ourself 523:12 outcome 498:2 outcrops 381:6,9 Outline 428:4 output 466:7,10 475:24 481:12 482:11,20 489:10 outs 357:19 outside 306:10 308:5 333:19 335:9 367:25 389:16 400:17,21 401:19,21 465:3 467:20 514:20 outstanding 345:25 oval 398:24 399:15 overall 409:3 469:6 506:22 overburden 395:15 overdo 453:20 overly 306:7 overlying 414:3 overwhelming 304:7 owe 555:21 owner 465:17 ozone 314:2 P P 291:1 packages 503:7 pads 329:1 333:11 521:13 page 290:3 361:21,25 362:3,6,16,18 363:15,20 400:5,8 405:6,18 423:17 427:12,22 429:14,25 432:19 436:12,23 438:17 446:14,15 447:18 528:9 529:9 pages 349:7,21 394:13 paid 539:21,22,24 painful 312:22 panel 547:25 548:14 panels 547:21,21 paper 292:24 530:16 549:2 papers 301:13 350:22 parade 297:19 Paradox 315:17 377:15 437:5,14 438:2,7 449:18 525:12 536:21 537:11 538:23 557:19 paragraph 408:4 429:15

Court Reporting Videography Digital Reporting Transcription Scanning Copying Denver (303) 296-0017 Boulder (303) 443-0433 Colorado Springs (719) 635-8328 Greeley (970) 356-3306

AGREN BLANDO COURT REPORTING & VIDEO INC

429:16 paragraphs 451:5 522:16 parameter 488:3 510:13 parameters 475:24 476:5 476:20 511:20 521:18 parcel 405:4 408:11 Pardon 443:8 Pariette 431:23 Parks 316:7,9 378:25 379:1 Parsons 288:5 498:9,11 part 299:9 309:25 310:4,6 310:8,11 314:19 315:25 317:25 318:6 319:6 320:12 321:10,12 323:18 324:12 329:22 335:23 336:20 364:9 367:16 369:4 371:16 374:9 383:14 400:1,2 405:11 442:15 471:1 490:7 499:13 512:12 513:22 522:10 552:20 partial 296:20,23 Participants 519:16 552:4 participated 416:19 particular 307:11 313:7 361:25 362:16 458:4 468:7 533:4 542:11 particularly 297:9 499:16 506:20 521:20 522:11 particulate 505:3 particulates 521:14 522:4 parties 287:16 291:22 292:17 313:8 346:25 414:14 501:24 503:5 560:13 parts 292:5 314:20 365:14 366:11 369:19 470:16 471:8 553:13 party 289:3 304:5 305:19 308:11 342:18 347:9,10 368:1,17 444:13 453:9 508:19 520:7 529:20,21 529:22 558:23 pass 534:19 557:18 558:20 passing 373:6 389:14 529:7 534:16

patch 462:23 patience 508:10 514:25 patient 454:20 patriotic 550:11 pattern 322:25 pay 318:1 527:23,25 539:17 540:6 542:23 544:7 548:5 550:18 payment 318:13 PDF 293:7,16 PE 366:8 pending 513:16 penetrate 536:4 penetration 333:5 pennies 542:18,21 penniless 543:19 people 302:19 306:10,12 306:16 307:6,8 308:2 313:15,16 339:23 356:5 363:11 367:21 379:7 416:15,19,20 425:3 435:8 465:20 487:20 500:3,17 506:13 508:1 514:14 518:1,15,19,22 519:7 523:18,22 524:15 527:20,21 528:1 534:25 538:25 541:14 552:14 553:5 554:16 555:11,16 557:24 559:2 percent 322:6 338:25 340:18 390:7,7 488:14 531:15 547:23 perennial 377:16 perfect 430:15 558:11 performed 427:9,23 506:16 period 298:6 307:3 311:5 324:15 328:21 379:14 379:18 419:16 432:16 447:9 482:10 529:13 547:23 periodic 335:23 337:1 permanent 336:19 436:9 permanently 335:3 permission 366:10 permit 372:1 497:7 504:14,17,18 505:17,19 506:6,7,20,22,22 507:2 507:2,8,10,21 512:5,6 512:11 513:6,8,11,15 516:11,21 517:4,5

permits 345:24 497:19 513:21 516:17 517:8 524:24 permitted 396:24 permitting 371:20 372:1 373:15,21 447:3 511:22 514:11,16 perpetuity 337:2 person 302:16 303:2,6 385:25 393:10 435:25 500:12 526:8 551:21 552:8 personal 296:1 439:5 personally 354:14 personnel 337:23 439:5 persuasive 313:24,25 pertains 492:12 Peterson 552:2,7 Phil 475:20 509:13,15 511:8,14 phone 314:1 356:5 425:3 500:8,10,12 506:3 photographs 443:19 phrase 495:3 physical 495:24 497:10 physicist 468:6 physics 464:5 468:13 478:21,22 Ph.D 289:2 464:6 pick 481:18 518:1,21 525:16 532:3 picked 410:2 picocurie 491:20 picocuries 473:15,25 474:3,9,10 picogram 474:1 picograms 474:3 picture 441:13 442:1,6,12 443:4,5 444:1 445:11 490:3 pictures 442:4 444:20 piece 295:15 352:2 354:14 526:4 551:17 pieces 438:1 pile 305:9 395:15 530:22 531:8,11 535:21 543:25 piles 488:20 497:17 531:10 piling 537:2 pilings 395:14 pilot 547:5

Pinon 287:6 319:10 344:5 421:20 430:7 444:25 460:17 466:13 470:4 475:5 493:19 497:8 501:22 503:5,19 505:12 508:22 pinyon-juniper 405:20 437:1,12 pipe 334:9 pipes 333:13,14,16,18,25 334:2,4,6,7 piping 447:16 448:2 449:6,12 pit 395:18 537:19 pitch 555:2 pits 537:14,18 place 319:14 329:12 335:18 337:6,7 338:3,18 340:15,25 341:20 346:22 357:23 383:6 384:23 386:11 398:15 425:16 434:25 479:20 479:21,22 521:8 525:21 544:15 554:16 560:8 placement 321:23 places 301:12,18 455:9 475:10 placing 326:7 plan 302:9 315:1,9,10 317:6,7,8 324:9 330:6 337:6 344:4 369:23 375:12,15 378:4 379:3 382:15 403:19 425:11 434:4 436:18 452:7 509:1,6 planet 533:4 544:19 558:16 planetary 489:25 490:6 planned 322:3 323:1 planning 353:21 437:16 507:19 plans 338:6 365:25 366:1 366:7 522:7 plant 479:10,13,13,18 493:16 494:19 495:16 534:5 planted 554:20 plants 344:8 431:9 467:24 479:7 plastic 452:20,22 536:18 play 312:19 381:12

Court Reporting Videography Digital Reporting Transcription Scanning Copying Denver (303) 296-0017 Boulder (303) 443-0433 Colorado Springs (719) 635-8328 Greeley (970) 356-3306

AGREN BLANDO COURT REPORTING & VIDEO INC

played 337:25 playing 380:10 527:18 please 313:5,12 315:2 337:11 340:3 387:25 408:9 451:1 464:1 478:12 484:20 496:25 508:15 plover 447:16 448:2 449:7,12 plow 478:18 Plumber 519:9 plume 488:2 Plumlee 519:10,10,11 525:4,5,6,8 plus 357:5 542:24 plutonium 465:5,9 543:3 543:3 PM10 509:2,23 pocket 455:23 point 310:15 328:20 331:25 332:19,23 336:18 340:18,23 341:4 342:6 344:18 353:9 371:14 380:3 382:21 383:22,25 384:14 390:5 392:4 394:22 398:2,12 399:23 404:14,21 409:13 412:16 416:5,22 418:15 425:22 431:20 432:4,11 443:14,24 448:1 452:7,8 457:9,21 458:24 462:16 466:10 472:16,18 477:21,24 479:1 482:3 488:4,5 498:22 500:14 526:22 527:15 532:7 533:6 541:15 542:8 pointed 381:5 pointing 411:7 points 472:20,25 473:2,7 488:19,19,20 497:19 point-of-compliance 330:15 poking 427:25 policy 304:18 polluted 544:19 557:16 polluting 558:4 pollution 501:12 504:9 512:15,24 513:21 517:3 525:3 pond 334:24 339:11

417:20,23,24 441:8,15 441:15,22 442:12 443:15 444:8,15 445:1 445:11,19 446:7,16 448:12 455:15 543:16 543:25 ponded 455:20 ponds 321:3 328:1 329:1 333:11 334:6,20,23 338:20 417:13,15 418:7 442:14,15 443:1,21,25 444:14,20 447:5,8 448:22 456:1 471:5 488:21 pool 318:7 338:23 450:17 poor 557:20 population 336:2 433:23 434:10 440:9 portion 293:2 319:18 327:16 405:21,24 406:1 434:10 436:17 470:21 472:11 portions 295:10 322:24 355:6 356:11,18 363:18 369:2 portrayed 446:5 pose 303:5 position 299:20 364:1 possession 297:14 354:5 possibility 333:23 390:4 404:3 410:5,15 421:24 possible 313:15,19 434:22,24 439:6 449:8 502:17 542:1 555:24 possibly 378:12 389:11 448:21 450:5 543:17 555:22 post 368:4 postdate 306:24 posted 336:20 340:20,24 368:20 post-application 302:8 post-findings 308:18 post-hearing 299:10 potential 325:18 332:4 369:5 427:7 435:3 437:8 454:11 471:17 493:20 528:13 530:12 539:2 546:16 potentially 403:15,22 406:7 412:4 422:10

437:4 529:1 530:21 532:17 537:21 538:1,21 539:3 541:6 546:17 547:13 551:6 pound 426:10 554:23 pounds 426:8 pour 550:1 power 467:24 479:7,9,13 479:13,18 547:22,24 548:22 powerful 534:20 practical 352:1 354:14 practice 326:8 369:17 412:13 practicing 313:23 prairie 403:4,14,16,22 404:11 433:13,15,19 434:22 435:6 precautions 325:5 precipitant 345:2 precipitate 345:1 precipitation 324:7 334:11,14,25 335:5,14 preclude 315:20 377:22 precluded 510:11 preconstruction 507:4 predecessors 398:16 predicated 424:3 predicts 534:9 predominantly 322:5 preen 450:20 preferably 380:20 premature 311:22 preparation 296:3 297:12 306:24 365:3 415:5 prepare 295:12,19,20 297:21 470:21 497:3 prepared 295:20 355:15 364:24 428:3 470:9 494:2 496:20 preparing 295:11,22 306:8 312:9 496:17,17 497:2 presence 458:7,8 present 291:20 362:18 405:2 409:11 410:18 427:8 preserve 386:11 president 387:2 press 554:19

presumably 459:12 506:6 presumptively 303:6 pretend 377:3 pretty 302:14 321:16 327:6 335:7 336:2 338:21,22 339:9 346:4 356:7 357:20 395:16 425:25 426:1,11 451:13 499:14 503:3 506:14 508:23 511:11 524:1 530:5,18 536:13 543:18 543:20 prevalent 535:24 prevent 329:3 403:8 425:15 prevented 327:22 previous 541:24 556:5 price 393:18,20 542:22 prices 524:9 primarily 327:20 primary 306:18 328:1 338:13 370:14 547:10 prime 321:22 print 313:5 518:12 prior 326:7 336:25 340:11,16,19,24 432:3 509:4 pristine 554:11 555:1 private 319:11 460:22 503:5 525:9 534:11 548:6 549:4 privately 358:1 privilege 305:6 351:7 358:11 359:17 362:23 414:7,13,16 415:8,18,20 415:21 privileged 348:19 351:2 358:4 360:16 363:1 414:2,15,15,18 416:4,6 probabilities 422:24 424:11 probability 440:10 probable 327:3 334:14 334:25 413:8 probably 291:18 293:9 310:17 321:17 330:10 331:3 344:18 350:1 362:16 366:24 367:6 370:17 372:8 376:25 377:12 387:14 389:4

Court Reporting Videography Digital Reporting Transcription Scanning Copying Denver (303) 296-0017 Boulder (303) 443-0433 Colorado Springs (719) 635-8328 Greeley (970) 356-3306

AGREN BLANDO COURT REPORTING & VIDEO INC

390:12 394:24 400:13 403:18 406:16 408:22 411:3 413:13 416:23 426:1 439:18 440:24 449:14 453:1 455:12 458:16 465:13 480:20 483:18 484:9 493:12 512:22 514:17 535:19 543:11 552:11 problem 322:11 352:10 353:12 354:13 355:21 383:16 455:6,20 456:22 457:9,13 499:19 513:19 528:1 530:9 532:24 534:22 536:4 539:1 548:24 558:19 problems 326:1 349:11 349:12 455:9 508:12 547:11 550:4 procedural 360:16 procedure 354:12 procedures 338:3 357:23 408:12 proceed 294:23 346:13 374:25 478:9 proceeding 309:6,20 346:21 368:7 373:11 proceedings 374:4 490:17 513:25 559:8 560:7 process 306:25 310:10 312:12 315:8 341:1 343:21,23 344:7 347:4 351:17 365:12,21 366:2 370:8 371:24 373:21 374:9 385:14,16 390:20 393:3,6 419:16,22 420:10 447:4 462:16 512:21 538:16 540:23 processed 392:24 processes 506:24 processing 326:18 329:2 333:14 364:19 504:5 produce 295:9 297:22 307:8 556:3 produced 298:9 348:3,20 producing 444:13 556:14 product 415:20,21 533:1 533:7 545:13 553:22 production 311:11 348:16 349:10,16 350:6

357:4 382:10 386:14 443:9 549:20 productivity 316:17 products 466:5 professional 299:24 301:13 411:10 professionals 409:4 411:10 proffer 348:10 353:6 355:19 357:25 369:10 463:23 profile 487:12,17 profitable 393:15,18 profits 546:6 program 326:14 330:2 336:12 342:20 386:11 431:14 506:2,3 507:13 509:11 510:4 522:3 528:8 534:7 Programmatic 528:8 534:8 programs 329:25 507:6 project 288:5 298:20 301:17 302:23 303:7 304:19,22 353:1 367:20 372:20 392:1 421:2,13 421:16,19 453:13,13 503:6 511:13 projector 407:12 projects 315:13 390:23 465:19,20,22 proliferation 532:18 prolific 336:3 promote 327:9 promotes 324:24 proof 305:10 311:16 proper 550:3 properly 430:16 properties 380:1,24 432:1 property 330:16 406:17 461:19,23 proportion 388:17 proposal 371:2 378:20 proposals 373:1 509:19 propose 344:15,17 347:20 348:6 proposed 315:5 328:15 329:21 330:2,8 331:11 331:13 339:8 344:6,13 385:3 392:17 454:2

460:21 521:8 543:14 proposing 347:14 455:14 proposition 370:7 protect 318:2 523:7,19 protected 303:19 340:21 341:5 369:11 protecting 323:15 protection 323:6 329:25 330:19,23 331:3 388:24 protective 354:2 368:13 protein 527:7 protocols 503:10 proud 346:4 prove 336:15 provide 323:7 364:22 366:3 377:13 412:13 431:15 444:20 494:12 550:16 555:4,9,15 provided 292:18 302:9 326:17 341:10 350:8 357:5 361:16,17 364:10 364:14 366:8 397:1 407:19 413:1,5 428:15 441:12 442:10 444:19 493:7 496:19 510:24 provides 339:1 342:15 343:7 345:13,16 providing 458:2 proximity 466:4 prudent 393:9 psychedelic 556:13 public 287:23 288:19 290:15 293:10 301:19 304:14,15 308:11 313:2 338:5 342:21 353:1 361:6 363:8,12,23 368:5 368:8,11 416:14 466:3 470:10 471:13,17,20 472:4 493:21 501:14 517:22 518:10,11 519:2 519:24 520:3,6,12 522:8 522:24 523:6,7,14 526:15 529:22 560:6 publicly 373:19 published 465:9 496:23 publishing 464:24 puddles 456:16 pull 411:23 pulled 554:9 pulling 450:12 pump 541:22,23

pumping 536:24 purchaser 548:13 purely 507:7 540:15 purpose 297:20 519:24 539:3 purposes 356:15 pursuant 287:16 385:12 390:1 purview 540:10 push 339:10 pushing 416:23 put 292:5 295:14 300:24 313:12 322:22 345:5 346:5 360:7 363:7 364:17 373:4 380:12 382:15 385:21 388:24 390:2,9 403:7 404:4,8 405:3 406:4 407:12 411:22 415:4 421:20 431:1 433:9 434:4,8 452:19 455:15 462:4 465:19 469:20 493:22 496:11 497:11 504:17 509:18 510:20 525:21 527:14 534:1 535:1,3,15 537:14,21 538:11,15 540:11 543:23 544:23 546:1 548:15 puts 486:25 putting 338:18 P-J 437:15 P-L-U-M-L-E-E 525:6 p.m 413:23 457:23 463:4 501:1 519:5 559:8 P.O 288:6 Q qualifications 502:19 quality 381:22 382:5 384:5,6 497:15 504:22 504:23 505:11 506:15 509:1 510:2 516:11 521:2 557:17,21 quantify 451:17 455:17 456:19 quantity 384:11 quarter 509:7 question 296:9 302:2 303:6 308:4 309:18,22 310:25 312:24 322:16 322:16 327:21 332:21

Court Reporting Videography Digital Reporting Transcription Scanning Copying Denver (303) 296-0017 Boulder (303) 443-0433 Colorado Springs (719) 635-8328 Greeley (970) 356-3306

AGREN BLANDO COURT REPORTING & VIDEO INC

340:3 345:11 347:18 352:18 354:21 356:13 358:12 367:14 370:19 372:13 377:23 384:1 397:13 401:4 406:12,14 408:5 410:19 412:19 432:11,22 434:20 436:1 448:16 457:7,8 459:20 461:4 469:3 477:4 486:4 486:5 487:24 492:13 494:1 495:6 507:14,23 512:9 513:19 515:3,9 516:8 518:24 519:4,22 529:1 530:11 540:5 542:10 543:6 questioning 309:15 383:24 384:11,15 389:13 questions 291:8 294:15 299:19 311:2,20 314:24 345:19 347:11 359:1 361:14 364:1,4 374:10 375:6 389:20,22 430:18 439:19 447:1 459:21 460:2 462:19 463:22 474:19 478:25 485:24 490:19 493:4,6 498:10 501:25 508:2,11,20 513:3,14 514:24 515:5,5 516:4 517:10 quick 459:5 498:17 quicker 359:3 quickest 303:20 304:2 quickly 292:21 302:14 426:1 quit 524:3,22,23 quite 373:20 391:12 410:6 412:22 518:25 525:2 555:23 quote 328:16,21 546:21 553:9 quotes 451:4 quoting 321:21 R R 288:9 291:1 rabbit 336:2 rabbits 376:2 rack 548:15 radiation 331:17 336:5 339:12 342:20 426:21

470:9 471:13 506:20,21 507:2,3,5,10,13 509:11 511:9 513:8,22 516:19 516:21 radio 464:13 527:18,24 527:25 radioactive 287:6 331:11 379:22 380:1,24 381:11 384:2 389:17 425:22 464:15,16,17 501:23 521:14 523:21 526:24 527:2 radioactivity 380:5,8 381:2 425:23 468:8,13 radioecology 464:6,9,14 464:24 radiological 504:12 505:2 509:22 radionuclides 333:5,8 473:5,10 479:15,18 489:24 522:5 radium 345:2 473:15,16 473:17,18,23,24 474:1 479:16 491:20 492:3 radon 331:19 335:16,22 338:7,8 339:1,15 479:16 520:17,18,23 521:14 rainfall 322:17 raise 314:11 501:5 519:15 552:3 raised 312:5 369:5 384:6 457:1 551:20 552:17 raises 309:22 raising 553:8 ran 506:13 rancher 406:7,14 413:9 413:11 ranchers 412:13 ranches 523:25 ranching 553:17 range 315:24 317:1,9 322:8 rates 497:9 ratio 483:5,6 rational 312:12 rationale 526:25 raw 503:17 504:3 reach 369:25 370:1 385:7 444:7 472:7 reached 510:3 reactor 542:16 547:19

548:9,11 549:22 551:10 reactors 543:1 544:23 547:9 549:24 read 307:18 310:5 313:5 313:25 377:2 385:24 388:8,9,22 394:24 399:4 407:23 408:2 421:10 431:8 450:13 469:18 474:15 476:22 487:2 491:12 518:13 readily 299:25 reading 366:13 530:16 548:7 ready 312:4 352:7 498:22 reaffirmed 529:19 Reagan 550:25 reagent 373:22 real 322:11 323:16 366:13 441:22 455:18,23 487:17 reality 539:16 realize 414:5 539:7 really 299:22 300:3,10,10 304:15,21 318:20 319:1 327:10 344:11 357:18 376:17 396:18 420:22 421:11 422:15 425:4,23 432:8,11 434:19 435:25 441:22 445:3 449:6 454:5,9 455:20,25 456:18 457:8 459:5 476:1 477:25 496:12 505:2 510:8 512:7 524:3 530:12,24 531:7,9 533:2 534:20 539:19 540:4,5 540:10 541:25 542:5,7 542:11 543:7 544:11,13 545:14 546:16 550:8 551:16,17 552:14,20,22 552:25 553:16,24 554:15,16,19 557:6 558:21 realm 491:24 reapply 343:21 reason 313:22 368:24 370:17 381:20 385:7 453:23 455:14 457:18 536:2 541:1 543:10,11 544:15 reasonable 305:15 349:17 376:22,24

388:23 435:1 445:9 450:8 451:19 492:8 reasonably 337:13 338:8 480:15 reasons 381:16,21 449:16 458:3 rebar 550:2 recall 292:11 295:18 386:6 394:15 396:3,6,14 396:18 402:4,5,7 404:15 406:23 422:3 433:18 435:17 446:8,9,11 450:3 451:12 received 347:16 443:5,25 445:6 474:16 receptor 472:19,19,25 473:2,7 482:14 489:11 489:12 494:10 520:14 receptors 466:10 479:20 recess 347:6 413:23 463:4 501:1 519:5 reclaimed 341:13 525:16 532:4 reclamation 322:12 323:24 341:7,14 342:14 383:5 385:4 387:22 recognize 305:6 429:7 430:22 recollection 438:8,13,21 440:3 441:9 442:21 recommendation 337:22 430:5 recommendations 326:6 493:15 recommended 404:8 recompact 326:7 reconstruct 466:17 record 292:10 307:1 309:17,23 310:4,6,9,11 310:13 311:6 331:22 347:25 348:11 353:11 353:22 357:3,14,25 359:18 360:25 362:3,13 363:1,11,12 374:23 400:6 414:19 415:11,14 416:18 428:11 429:1,3,5 431:2,3,16 434:12 436:3 444:12 450:25 463:19 470:8,17 485:14,23,25 491:13 504:20 513:14 519:22,23,25 520:1,7

Court Reporting Videography Digital Reporting Transcription Scanning Copying Denver (303) 296-0017 Boulder (303) 443-0433 Colorado Springs (719) 635-8328 Greeley (970) 356-3306

AGREN BLANDO COURT REPORTING & VIDEO INC

551:25 recorded 410:18 529:25 recording 477:11 records 297:22 504:3 recover 345:4,6 425:16 425:18,20 recovery 328:3 428:4 Recross-Examination 290:13 515:7 rectified 403:21 red 530:2 536:12 redact 363:18 redirect 290:8 459:5 460:9,15 498:16 reduce 324:10 337:24 338:7 339:15 342:13 419:10 reduced 331:20 337:13 371:20 388:17 418:11 560:9 reducing 337:18 Reeve 404:10 407:14,15 407:21 408:4,18,25 411:2 412:20 430:8 432:23 439:5 446:25 448:17 450:14 451:5 462:5 refer 361:15 364:5,6 Refereed 465:13 reference 301:24 405:13 444:25 491:23 referenced 301:24 309:3 321:11 references 491:24 referred 296:22 331:21 361:18 506:6 referring 316:6 323:23 351:9 396:8 405:9,10 408:3 439:14 441:16 refined 315:18 reflect 410:21,23 reflection 408:18 488:2 refrain 484:20 refresh 350:2 427:12 refunded 341:21 regard 462:5 466:14 557:24 regarding 291:15 339:25 regards 436:25 regional 470:22 471:2 472:11

regions 432:2 Register 436:4 regret 452:25 regulates 475:9 regulations 321:15 328:6 328:12,12,13 329:8 339:25 380:18 506:24 507:3 540:9 regulatory 321:14 372:15 372:18 373:2 391:2 419:23 421:4 466:2 506:2 reinforced 324:5 related 311:2 365:10 501:25 560:12 relating 375:6 relation 445:10 relationship 485:18 relative 479:24 488:4 relatively 321:5 391:9 relayed 411:2 release 318:7 329:9 333:24 336:19 342:9 366:17,18,20 488:5,18 488:19,20 497:9,18,21 released 352:4,6 482:4 releases 337:12 466:9 467:24 495:19,22 relevance 298:23 309:14 309:19 311:20 383:23 389:16 relevant 304:20 311:9,10 311:24,25 348:4 365:7 365:15,22,25 513:24 514:3 reluctant 374:8 rely 493:14 494:20 remain 348:13 350:10,14 355:17 356:22,23 363:21 remainder 352:3 remains 416:5 remember 295:22 327:2 350:12 365:8 390:7 403:12 410:6,16 425:9 433:19,20 441:10,22 443:20 447:8 474:7 496:21 515:13 540:24 reminds 536:15 remove 326:6 removed 350:9

renewal 335:23 342:25 434:5 reopen 308:15 398:8,9 reopening 310:13 reoutfit 546:1 reoutfitting 545:25 repeat 417:3 496:25 repeating 531:18 rephrase 512:9 replace 382:18 replaced 545:21 replication 527:8 report 314:24 315:1,4 317:11 319:6 320:2 326:12 329:10 361:15 361:18,19,22 362:18 363:15,17,19,21 364:6,7 364:11 365:14,19,20 368:14 377:3 386:5 394:10 397:1 406:11,21 406:22 408:9 409:1,8,16 409:19 411:6,8,14 412:22 413:4 419:6,19 420:2,5,12 422:4,18 423:17 427:1,6 429:25 430:3 433:1,10,14,21 435:13,15,20,22 436:8 436:14 438:9,14,25 439:20 446:20 491:25 493:18,22 495:25 496:20 reported 520:25 reporter 287:21 428:21 473:21 482:8 484:17,19 485:22 560:5 REPORTER'S 287:3 560:2 reports 328:10,10 333:3 405:2 410:21 453:8 467:24 484:3 493:24 494:2 496:18,22 497:1 503:19,20 504:24 represent 501:20 representative 347:9 representing 531:22 Republic 468:1 request 299:5,15 306:14 326:16 336:19 357:3 407:20 441:13 requested 297:15 320:7 363:17 366:8 371:15

requests 298:10 306:7 require 330:14 336:16 374:11 392:2,5 393:23 393:25 394:3 414:13 451:15 461:13 required 319:21,22 320:12 322:12 328:5 329:5 336:8 388:25 391:17,20 396:17 413:17 420:12 497:19 504:1,1 520:24 531:8 543:12 558:5 requirement 319:14 328:11 507:9 516:21 521:24 requirements 328:15 341:23 342:14 343:17 343:20 requires 319:19 328:16 336:14 478:5 520:5,5 research 301:6 427:16 430:19 450:21 454:15 457:5 464:20,23 reserve 309:14 533:5 reserved 375:19 447:1 448:17 Reservoir 384:22 resettle 555:11 resided 465:9 resident 494:11 520:15 residuals 344:8,16 resistant 324:20 333:17 resolution 325:12 resolved 357:16 374:18 resource 451:11,23 Resources 287:5 288:12 288:15 respect 300:5 551:18 respond 310:8 responded 298:22 306:13 451:8 response 326:16 352:5 363:18 365:4 374:1 415:15 419:11,16 424:24 425:1,11 442:10 444:18 457:6 461:3,6 471:8 responses 310:20 361:19 responsibility 429:10 529:20 result 406:25 408:6,13

Court Reporting Videography Digital Reporting Transcription Scanning Copying Denver (303) 296-0017 Boulder (303) 443-0433 Colorado Springs (719) 635-8328 Greeley (970) 356-3306

AGREN BLANDO COURT REPORTING & VIDEO INC

560:15 results 331:14,22 476:9 480:4 496:13,13,14,15 521:15 resume 559:7 resumed 287:17 retain 354:22 retains 415:17 retention 441:15 445:18 446:16 retired 523:14 Retrain 551:2 returned 364:20 revealing 360:14 review 295:5 297:15 300:9,11 302:8 303:3 305:11 308:11 309:7 315:8 320:4 324:12 355:16 359:3 368:2 416:9 419:22 474:13 503:15,17 504:3,5,22 505:6 reviewed 301:1 342:7 366:7 394:21 409:13 413:25 414:12 496:22 497:1 505:16 509:7 reviewing 295:23 503:4 503:7,12 504:14 reviews 342:19,22 revised 470:16 495:15 revision 470:18 475:15 revisions 475:14 revisit 343:10,11 356:12 434:5 revisiting 312:4 re-mined 398:5 RFI3 470:16 471:8 rhythm 377:20 rice 553:8 Richard 287:18 501:3 519:8 523:10,10 Richardson 487:7 Rico 534:24 Ridge 287:6 319:10 344:5 421:20 430:7 445:1 460:18 466:14 467:2,5 467:11,17,22 470:4 475:5 491:25 493:19 497:8 501:23 503:5,19 505:12 508:22 Ridgway 529:8

riding 533:24 right 291:3 310:6 316:8 318:12 320:4 322:9 331:8 332:16 335:12 340:13 341:3,20 342:21 344:1 346:16 358:3 359:21 382:12,24 383:12 389:2 391:11 393:18 395:16 406:4 424:19 426:9 435:2 438:23 439:2 440:6 443:4 449:14 453:7 456:10 470:25 478:22 487:13,15 490:21 498:23 501:5 504:25 505:18,19 519:15 523:21 524:8 525:19 532:22 536:6 540:21 550:11 552:3 553:4 554:22 555:2,9 rights 318:3,10,15 383:14 384:1 rip 527:13 529:14 ripped 527:6 rips 527:13 537:5,8 ripwrap 324:6 327:12 335:6,7 risk 422:21 450:7,9 527:12 528:5,13,18 532:9 549:2 risks 528:15,16 533:18 546:13,14 550:1 555:5 river 317:23,25 381:17 383:2,6 384:18 390:1 396:13 423:18,22 424:4 424:5,12 425:16,18,25 426:3,22 445:2,2,12 447:21 541:7,15 559:2 rivers 320:24 road 289:2 311:21 452:2 550:20 ROBERT 289:2 Robin 553:25 rock 324:5,18,24 335:7 395:14 528:11 rocks 327:14 Rocky 288:21,23 291:18 465:2 role 338:1 512:7 roll 308:12 rolling 550:13

rollover 423:23 424:1 ROM 357:6 Roman 530:19 Ronald 550:25 room 293:13 313:1,3 347:1,9 348:2 356:5 416:13 463:17 470:13 517:22 547:8 rope 556:19 rough 459:24 roughly 399:17 460:2 465:12 509:13 531:17 rubber-lined 333:21 rule 299:1,7 491:19 ruled 298:17 434:9 rules 329:5,7 429:8 503:10 506:23 ruling 304:24 308:21 345:21 414:18,20 416:10 run 382:19 473:1 481:19 481:25 483:10,12,13,18 489:3,4,4,4,6,10,12 492:11,13 523:20 530:21 534:5 542:15 543:2 548:1,5 running 347:22 453:13 528:13 531:3 runs 489:16,17 Russia 532:16 Russian 542:24 546:19 Russians 532:21 542:14 543:5 546:18 rust 535:6 R-E-E-V-E 407:17 R.K 514:16 S S 291:1 sadly 312:6 safe 493:16 523:23 525:22 526:24 527:13 528:11 546:12,23 safer 460:5 safety 523:7 525:21 546:23 SAG 337:20 sage 318:22 319:8 376:3 376:5,7,13 377:6,8 396:2,5,7,8 404:19 405:22,23 406:2 435:14

435:15 436:6,9,14,25 437:13 438:5,18 439:7 440:10,20 sagebrush 404:20 406:8 406:19,25 407:2 408:7 408:10,14 409:10 410:1 410:6,7,13 411:13,20,23 412:5,8 413:7 436:11,16 436:19 437:25 438:3 461:19 salaries 540:3 Salazar 434:13 saleable 555:24 saline 447:22 salt 332:18 381:9 383:3 450:20 salt-wash 381:6 sample 336:2 430:18 477:18 478:1,3 492:18 492:19,25 sampled 445:2 samples 464:21 465:7 492:2,7 sampling 336:1 San 342:1 399:24,25 480:16 526:10 sand 380:12 448:19 449:21 454:12 456:9 490:6,9 sandbars 447:21 sandbox 380:13 Sandler 288:21 290:7,7 309:12 374:24 375:1,3 376:12,13 384:14,16 387:7,11,12 388:1,3 389:18,23,24 399:9,11 399:13 401:1,6,10,14 402:9,14,19 407:17,18 408:1,2 412:3,11,16 413:14 417:10 428:2,8 428:14,23 429:2,11 431:6,13,19 432:6 434:12,15 436:3,7 442:1 442:3,9,22 443:10,12 444:18 445:5 451:2,3 459:2,8 498:12,13 Sandler's 461:4 sands 448:24 449:1,4,11 450:1,2,15,17 451:7 452:1,20,22 455:7,10 456:22 458:5,19

Court Reporting Videography Digital Reporting Transcription Scanning Copying Denver (303) 296-0017 Boulder (303) 443-0433 Colorado Springs (719) 635-8328 Greeley (970) 356-3306

AGREN BLANDO COURT REPORTING & VIDEO INC

sandwiched 328:2 sandy 447:22 sandy-looking 449:12 Sarah 368:3 519:7,20 sarcophagus 547:14,17 sat 475:22 saturated 331:19 338:14 338:22 saturation 339:7 Saturday 463:15 saving 555:1 saw 300:13 303:2 408:5 438:14 440:4 441:23 464:9 530:1 547:11 saying 300:10 352:18 358:8 388:7 408:4 437:6 439:14 440:19 448:13 450:16 451:22 452:8 454:25 456:8 458:1 481:10 532:23 538:10 548:8,10 says 383:11,12 388:14 405:19 407:6,8 431:9 433:14 435:20 436:8,25 438:17 440:5,21 452:19 471:16 486:8 534:2 549:5 scale 399:16,20 scattershot 348:21 scenario 471:5 Schedule 303:15 scheduling 291:5 Schlapfer 519:12,13 526:2,3,9 school 550:13 551:1 science 503:10 sciences 502:24,25 526:23 scientific 428:24 scientist 485:12 491:11 491:12 scientists 467:21 sclerocactus 428:18 screen 363:8 367:21 screens 535:6 scrivener 291:5 scrolling 522:18 scrutiny 512:15 seal 355:18 search 298:5 season 409:22 530:5

seasons 410:17 second 326:15 341:6 342:11 347:18 350:6 408:3 414:10 429:15 458:15 470:20 544:18 secondary 328:2,4 329:2 333:12 352:5 547:10 secondly 313:25 437:24 secrets 369:8 370:8 section 301:24 394:10,13 394:16,17,20,25 396:1 398:20 399:4 408:2 412:21 413:3 423:16,18 427:6,22 429:25 432:19 433:9 436:11,23 438:17 439:3 446:14 470:24 471:1,7 513:7 sections 522:16 sector 549:4 see 308:24 330:13 343:12 362:23 363:8 367:7 368:14 373:16 381:24 387:25 408:1 419:22 427:12 431:8 434:6 438:3 455:23 457:20 458:17 479:24 486:11 490:11 493:7 494:13 503:24 507:19 517:24 523:21,24 528:22 530:2 530:24 534:19 538:21 550:12 553:14 555:3 558:1,8 seeding 336:11 seeing 336:4 356:5 seek 344:15,16 seeking 345:7,20,23 seen 296:11 346:3 358:6 388:10 435:8 441:22 442:4 456:21 464:12 469:18 484:3 487:9 512:17,22 533:21 534:1 seepage 329:3 331:8 332:13,14,20 seeps 377:15 segregate 356:18 seismic 326:22 seismically 326:20 selected 322:20 selection 322:19 sell 532:20,22 543:9 551:12

selling 554:22,23 semi 541:11 seminar 478:19 485:25 send 292:24 314:4 345:4 486:23 503:19 504:2 sending 293:7 sense 344:19 345:3 357:1 373:17 482:21 484:4 495:18 503:24 509:14 512:18 549:5,9 551:9 sensitive 317:18 sensor 510:21 515:16,19 sent 292:13 293:10 359:23,23 457:23 503:19 separate 352:14 414:9 489:3 532:11 separately 399:2 separates 437:3 September 463:18 468:22 503:2 series 310:20 333:3 serious 426:4 451:18 server 292:22 serves 322:8 351:1 Service 391:1 428:4 433:23 434:9 Services 429:22 Service's 428:17 set 330:5 340:7 341:9,15 341:18 354:10 364:20 391:13 393:6,8 472:15 486:22 531:10 538:8,13 560:9 sets 364:12,13 setting 374:17 479:3 487:13 settle 555:6 seven 416:19 severe 315:23 317:9 389:4 490:12 shaking 537:9 538:10 shallow 320:24 327:15 330:14 447:21 shape 354:17 Share 303:18 shared 364:25 shareholders 543:20 Sheep 288:7 291:7,13,24 297:5 318:5 368:1,7 421:2,12 453:12 499:8

508:18 sheet 297:23 313:4,11 416:15,16 518:11,20 551:21 sheets 296:21 312:3,4 313:3 417:4 518:22 536:18 Sherman 288:17 shift 379:9 381:14 403:20 435:9 shipments 426:11 ships 424:21 shop 465:18 511:9 shores 447:21,21,22 short 353:3 394:16 447:9 463:11 544:3 557:5 shortage 388:15,18 389:6 389:9 shortages 388:12 shorthand 287:21 560:5 560:8 short-sighted 380:23 381:1 short-term 467:16 show 336:17 388:21 427:6,25 428:2 438:24 445:16 472:1,3 491:23 491:24 514:2 showed 328:9 416:18 453:20 showing 297:23 399:14 524:25 525:12 shrink 431:10 432:9 shrinking 440:10 shuffler 549:2 shut 341:3 545:9 shy 463:23 sick 528:2 side 334:20 352:2 399:25 400:1 458:14,15 513:12 516:17,19,25 517:1 540:12 558:20 sides 458:14,17 sighting 438:23 sign 336:17 385:7 signature 560:17 signed 387:1,4,16,17,19 significant 390:17 392:8 392:10,13 461:7,10 534:17 significant-looking

Court Reporting Videography Digital Reporting Transcription Scanning Copying Denver (303) 296-0017 Boulder (303) 443-0433 Colorado Springs (719) 635-8328 Greeley (970) 356-3306

AGREN BLANDO COURT REPORTING & VIDEO INC

445:18 sign-up 313:3,11 416:14 417:4 518:11 551:21 Silver 525:16 532:3 similar 321:18 341:23 386:14 431:24 442:5 similar-sized 542:24 simple 518:19 524:12 simpler 355:24 simply 477:18 532:12 546:9 single 298:9 sinks 549:5 sir 299:17 384:10 sit 304:2,4 307:15,22 309:10 311:22 429:8 527:17 site 315:22 316:18,23 317:20,21 319:1,10 320:17,18 321:4 322:19 322:20,24 323:7,11,14 324:2 325:4,8,10 327:6 328:18 329:20 330:19 331:8 333:9 336:9,15,19 336:23 337:2 340:13 341:13 342:24 372:2 375:25 380:18 381:4 395:11,12,17 397:5 402:20,23 403:4,17,23 403:24 404:12,20 405:19,21,24,25 406:1,3 410:22 420:14 427:8 434:22 435:9 436:24 437:3,7 438:6,7,10,16 438:18,23 440:11,17 441:2,6,14,17,20 442:2 442:16,23,24 443:16 444:4,5,14 445:10 446:6 446:17 447:20 448:7 457:19 458:9 486:23 492:22,25 505:12 508:22 511:1 521:8 523:2 530:23 532:3 544:17,19 558:12 sites 320:17,21,25 323:10 336:24 397:8 430:13 452:2 456:21 507:19 525:17 site-specific 476:21 siting 321:11 sitting 293:13 305:17

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480:14 553:21,21 source 495:20 497:20,22 498:5 sources 488:18 489:6,7 489:14,15 495:23 497:9 497:15,17 498:4 521:13 south 318:23 329:19 376:6 437:3 472:23 535:11 547:4 southwest 371:3,7 405:21 406:1 Soviet 542:17 Soviets 542:17 Spaanstra 288:9 290:8,9 309:13 310:7,24 312:19 357:14,18 358:14,22 359:24 360:24 361:4 362:5,8 369:1,18 370:3 370:9,21 371:1,9 374:1 459:4,9 460:10,16 462:25 463:9,16,21 468:11,17,21,24 470:2,3 470:12,20 471:6,11 473:19 474:22,25 477:3 478:7 479:2 490:18 494:23 498:21 499:7 Spaanstra's 492:12 space 523:25 span 524:21 spanking 549:20 sparsely 447:23 spats 462:23 speak 302:16 323:20 414:9 415:22 421:11 430:7 526:4,5,12,17,19 543:10,12 555:19 559:4 speaker 357:15 526:15 speakerphone 313:16 508:9 speaking 464:23 472:17 498:5 specialist 376:15 specialized 513:1 specialty 318:21 447:2 species 317:6,12,18,19 318:17,19 319:7,18,20 343:12,13 375:24 377:19,24 386:4 389:19 396:9 398:6 403:1 405:1 407:1 408:14,15 409:10 409:16,18,23 410:8,9,11

Court Reporting Videography Digital Reporting Transcription Scanning Copying Denver (303) 296-0017 Boulder (303) 443-0433 Colorado Springs (719) 635-8328 Greeley (970) 356-3306

AGREN BLANDO COURT REPORTING & VIDEO INC

410:12,17 411:12 412:17 426:25 427:3,5 428:18 430:12,17,22 431:20,21,21 432:20 433:16,17,24 434:1,17 434:18 435:16,18,21 436:5 441:2 443:3,25 444:3 445:22,23 446:12 446:21 447:5,12,15,16 448:4,8,14 specific 301:15 347:18 406:12 430:8 466:4 479:14,17 492:22 495:6 496:14,14 497:18 specifically 382:11 386:17 395:11 402:25 434:7 454:14 514:10 specified 328:18 473:5 specify 472:14,15,25 488:18 speculating 452:8 speculation 462:2 speculative 553:2 speed 394:21 476:11 477:15 488:12,12 490:1 491:1,3 503:21 516:14 speeds 476:10 490:15 spell 360:25 407:15 429:1 525:5 spelling 416:16 spend 467:20 547:18 spending 544:2 548:23 spent 297:25 370:11 542:2 551:14 spill 329:9 424:12 425:2 541:16 spills 422:19 spiral 491:9 split 431:21 432:3 spoke 314:25 422:18 524:5 552:8 spoken 375:14 378:3 spot 393:18 spread 397:8 435:4 spring 439:22 sprinkle 531:13 sprinkler 530:21 531:5,6 sprinklers 530:17 sprinkling 530:22 531:9 spun-up 542:14 square 473:15 474:1,2,10

ss 560:2 stabilities 485:6 stability 476:16 483:1,1 484:2,5,6,8,9,24 485:1,5 485:17 486:18,25 487:1 487:5 488:13,16 491:6 515:10,20 stabilize 325:2 stable 323:10,10 326:20 336:9,16 380:19 476:17 484:10 stack 472:18 488:5 521:12 stacks 488:19 521:12 staff 297:21 298:4 467:17 staff's 522:12 stainless 333:22 stale 420:6 stamp 350:9 353:14 451:1 stamped 366:7 stamps 352:4,6 stand 298:22 312:8,15 508:9 519:7,19 527:17 552:2,10 554:4 558:17 standard 331:3,4 471:18 standards 330:19,21,23 341:14 standby 339:3,5 standing 502:14 standpoint 495:21 stands 460:18 STAR 487:1,2 start 314:22 340:11,17 367:9 375:11 385:16 481:17 499:2,25 501:16 502:4,5 526:22 528:12 538:15 550:9 558:17 started 292:9 360:5 385:14 398:18 414:5 472:10 498:17 508:25 525:10 535:13 538:24 starting 439:2 499:3 527:15 starts 531:4 state 287:23 294:1 306:10 316:7 321:15 329:22 330:2,12,21 331:4 336:14,22 337:8 340:12 340:20 341:4,10,15 342:9 343:5 344:7,23

386:6 420:9 421:7 438:10 460:25 464:6,7 467:13 475:7,18,20 477:5 492:8 493:23 499:2,11 501:7 518:2 532:1,7 540:25 560:1,6 stated 452:11 526:23 statement 350:23 391:24 392:3,6 474:14,15 494:21 495:7 550:10 statements 319:15 320:7 states 321:22,24 466:19 475:10 492:2 529:18 532:15 541:5 State's 420:19 static 485:19 487:6 station 485:2 stations 509:23,23 statistical 330:22 477:6 477:17 statistically 478:1 533:17 statistics 423:3 477:22 status 329:6 415:17,18 436:6 stay 484:16 steel 333:21,22 step 374:22 481:1,3,6,10 481:14,23 483:10 Stephen 387:1 steps 481:25 Steve 302:22 303:4 371:14 421:9 498:22 499:1 509:15 511:9,10 stick 484:4,21,23 stickies 300:7 sticky 295:25 300:15 305:2 Stills 288:2 290:4,6,10,12 292:4,13,16,19 293:20 294:7,12,22,25 296:15 296:20,23 297:1,12,17 298:15,22 299:3 302:1,4 303:1,21 305:5,22 306:20 309:14 310:23 310:25 311:4 312:16 345:18 346:11,14 347:13 348:18,24 349:3 349:6,9,14,16 351:1,8 351:12,16 352:1,20,24 353:3,7,17,23 354:21,25 355:9,25 356:11,15

357:2,10,13 358:2,8 359:8 360:13,20 361:7 361:12 362:2,12,19,21 363:2,9,13,25 364:5 367:3,12,14,23 368:22 369:4,22 370:4 372:12 372:25 373:9 374:15 413:19 414:4,21,25 415:3,22 416:7 459:13 459:17 478:11 485:20 493:3 495:4 498:7 499:4 499:21 500:2,8,19,22 502:6 505:25 508:4,5,7 508:14,16,17,17 513:20 514:8,19,22 516:9 518:4 stipulate 298:19 299:4 352:8 stipulating 348:8 stipulation 298:3,13 355:14 367:8 stock 441:8 442:14,15 443:1,21 448:12 540:8,9 540:11,12 stockpile 341:2 542:17 542:23,24,25 stockpiled 542:13 stone 324:19,19 stop 383:25 402:10 430:25 529:8 541:14 stopping 529:7 storage 488:20 497:17 storied 466:20 storm 334:22 335:13 storms 334:11 storm-water 334:20,22 story 540:24,25 straight 483:23,24 506:12 straight-line 475:1 strand 527:5,8 strands 527:3 529:15 strategic 533:5 Strathmore 371:13 Strathmore's 373:13 stream 318:8 382:15 537:24 538:12 streams 377:16,17 537:22 Street 287:20 288:10,17 288:22 548:7 560:22 stretched 321:7

Court Reporting Videography Digital Reporting Transcription Scanning Copying Denver (303) 296-0017 Boulder (303) 443-0433 Colorado Springs (719) 635-8328 Greeley (970) 356-3306

AGREN BLANDO COURT REPORTING & VIDEO INC

strict 321:18 string 428:21 strip 405:22 437:1 strong 461:11 534:22 544:12 strongly 404:7 structure 327:15 510:17 structures 449:2 stuck 418:25 419:2 study 464:14,16 stuff 303:24 311:17 351:23 454:8 464:11 487:20 523:16,19 524:23 526:16 528:11 530:20 537:14 541:3,5 542:14 543:8 546:2 549:16 556:2 stupid 299:19 subcellular 450:23 subject 307:17 submarine 545:16 546:1 submissions 299:10 submit 297:20 299:14 330:6 356:18 420:12 509:1 submittals 514:2 submitted 295:14,15 302:5,19,22 310:21 351:9 370:6 371:16 493:23 503:4 513:21 submitting 308:18 subsequent 311:13 subsequently 318:2,4,14 subsidizing 551:8 substances 539:20 substantial 335:7 substantially 418:12 substantive 351:18 subsurface 403:7,9 404:6 successful 554:6 successor 467:1 sucked 382:19 sudden 552:21 suggest 303:14 309:2 313:20 314:3 suggested 315:6 378:21 419:21 suggesting 304:24 307:6 307:7 352:12 suitable 320:22 437:4 448:9

suitcase-type 546:21 Suite 288:3,14,22 560:22 sulfuric 533:13 534:23 sum 357:4 489:17 summarize 488:8,8,10 summary 474:17 summer 439:23 sun 536:12 sunlight 536:7 sunshine 347:2 Superfund 535:10 558:11 superior 346:3 supervise 512:8 supplement 420:2 supply 388:25 546:18 support 299:10 337:1 376:25 451:11 454:23 523:17 552:23 suppose 308:13,16 401:20 422:8 438:21 supposed 532:2,6 547:15 suppressant 339:5 Supreme 529:18 sure 297:4 302:21,24 309:4 329:13 331:16 336:4,9 337:17 342:16 343:16,20 359:14 361:2 362:19 364:8,21 367:15 369:19 372:11 376:3 377:5,18,25 380:9 381:5 382:6,11 383:18 387:18 387:24 389:18 390:14 391:14,21 392:15 393:11,22 395:8 397:3 397:19 398:17 400:15 401:24 402:8 403:9,22 407:5 409:12,25 410:10 411:5,12 412:23 413:3 415:2 416:11 419:7 420:1,17 421:6,12,17,21 421:25 423:8 424:3 426:17 427:21 433:8 435:11 436:2,23 439:1 439:13 440:8 441:1,17 442:20 443:23 445:5 447:2,15 448:15 452:11 452:17 453:22 454:10 456:20,25 457:12 458:18 459:3 502:15 503:9 504:23 507:5

510:2 513:5 514:21 522:7 526:13 531:19 533:12 538:18 539:4,25 540:1 541:12 542:5 546:24 549:13 557:8 surely 386:2 surface 325:3 377:14 471:4 473:4 487:14,16 487:18 488:2 489:19 490:1 492:1 506:16 522:5 525:19 537:3 surface-water 384:5 surprised 299:13 438:22 surround 547:17 surrounding 434:2 surroundings 528:21 survey 405:7,14,15 427:7 427:17,22 430:3,8,23 432:7,21 439:8,15 447:18,18,25 surveying 439:21 surveys 325:10 409:21 409:21 410:16,24 427:18 429:18,19,22 430:16 432:13 439:11 439:13 440:14 448:6 suspect 432:13 499:12 suspend 374:19 sustainability 555:1,3 556:24 sustainable 538:23 556:10,15 switch 417:12 sworn 293:25 294:9 463:6 501:6 502:10 519:16 552:4 synthetic 328:9 system 327:25 328:3,9,14 328:14 331:10 332:3,13 334:3 526:6 538:22 systems 332:9 333:9 335:20 418:7 T table 307:9 518:12 522:15 529:9 551:22 tailing 417:20,22 448:22 456:1 tailings 320:16 321:2,6 321:20,23 322:3,5,14,22 323:2,22 324:3,8,9,23

325:6,25 326:20,24 327:8,16,22,25 328:25 329:11 331:10,17,19,24 332:1,2,3,16 333:10 334:5,12,23 335:4,4 338:10,13,25 339:7,10 339:10,12 341:1 342:11 343:8 379:10,21 417:13 417:15 452:21 471:5 488:20 489:4 490:8 497:17 520:24 521:10 521:25 tails 455:10 take 292:6 293:8 296:8,10 313:4 323:4 325:6 336:22 346:24 347:5 359:1 360:8 364:18 367:9 368:7 371:21 374:15 384:22 387:5 388:13 390:10 394:23 396:19 398:13 399:5 411:21 413:22 422:11 429:10 430:15,18 436:17 450:21 463:1 465:7 476:6,21 482:25 483:20 486:22 493:17 497:10 499:11 500:24 507:17 521:7 523:20 524:1,18 525:2 528:15 528:16,17 549:25 553:1 554:13 556:16,20 558:16 taken 310:15 347:6 404:20 441:13 443:11 443:19 444:10,11 463:4 480:5 492:7 501:1 507:17 515:11 519:5 560:8 takes 300:22 368:8 416:9 517:5 talk 307:15 308:2 334:12 337:5 339:18 343:2 346:23 355:7 358:1 366:19 368:18 369:16 379:9 390:19 392:15 394:8 401:8,24,25 404:25 423:25 425:4 426:25 427:2 432:20 433:12 437:12 449:25 466:12 499:16 500:3 511:12 517:9 532:10

Court Reporting Videography Digital Reporting Transcription Scanning Copying Denver (303) 296-0017 Boulder (303) 443-0433 Colorado Springs (719) 635-8328 Greeley (970) 356-3306

AGREN BLANDO COURT REPORTING & VIDEO INC

557:3 talked 307:7 315:9 317:5 320:13 327:23 337:14 370:22 379:13 424:23 434:21 475:23 499:6 533:13 553:23 talking 310:12,17,22 321:8,9 322:15 324:14 342:23 369:2 375:11 378:24 386:3 389:3 397:17 406:18 411:21 417:12 418:2 420:24,25 434:7 446:3 450:15 451:6 459:9 484:18 490:7,9 502:15 504:12 505:18 506:8 508:9 516:9,13 519:1 530:18 532:12 536:11,19 538:6 540:19 541:4,20 543:2,3 544:4 545:12 547:12 548:16,20 552:24 553:15 talks 315:18 405:18 422:19 427:7 429:16 431:6 tanker 426:3 tanks 333:20,20,21,22,22 tape 356:22 targetable 545:18 Tarlton 292:11 302:22 303:4 306:9 307:9 371:14 401:3 498:22 499:5 500:2 509:15 511:9,10 Tarlton's 306:14,16 499:12 tarp 533:20 tarps 533:21,22 tax 535:22 taxes 542:2 taxpayer 544:7 546:7 548:25 551:6,7 taxpayers 558:12 teach 486:9 team 368:2,10 teams 440:15 465:20 tear 543:22 technical 296:2 522:15 522:22 technically 346:2 454:23 techniques 555:8

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506:1 testimony 319:25 415:6 460:1 478:2 496:17 499:13 514:20 526:13 531:20 testing 331:15,21,23 tests 477:17 Texas 466:19 475:8 525:14 thank 292:20 294:7 296:8 312:16 314:16 320:10 345:9,9 346:6 358:16 361:4 367:9 368:25 370:4 375:1 387:11 388:2 389:23 401:14 416:7 417:8 424:10 458:22 459:2 461:18 465:15 470:2 486:1 493:1 498:7,18 502:2 506:9 507:14,24 508:5 508:16 514:22 516:2 517:11,16,19 523:8 524:25 525:3 551:16,17 556:25 thanks 372:10 417:24 463:10 498:13 559:5 theoretical 487:13 theoretically 516:22 theorizing 435:5 theory 310:3 they'd 532:20 thick 321:5 thing 299:19 300:24 302:25 304:8 307:11 324:17 331:18 341:24 342:15 344:2 361:7 460:5 464:12 472:23 493:18 502:16 510:21 518:23 524:19 531:3 533:2 539:7 541:14 543:17 545:7 549:12,15 550:8 553:3 556:12,22 things 295:25 297:15 299:23 300:1,6,8,18 301:14,16,20 303:19 305:2,9,23 306:22 307:3 324:21 325:3 335:25 343:10 346:23 347:14 348:22 352:9 389:10 415:6 420:2 421:1 427:18 440:3 452:25

454:12 464:20,20 467:25 510:3 519:21 522:19 525:2 527:1,2 531:2,19 535:2,17 536:3 537:7,8,9 538:9 540:22 541:13,22,23 546:4,7 549:8,13,18 551:11 552:24 think 293:8 295:13,13 298:7,25 299:11 303:1 303:19 306:23 307:18 307:25 309:24 310:24 311:8 323:15 325:4 332:22 339:19 340:22 342:25 345:12,13,16,25 346:2,14 347:23 348:3 349:17 351:14 353:8,11 355:23,25 356:25 357:16,17 358:2,4 359:19 360:2 361:1,15 363:6 364:20 367:3,4,5 367:6 369:6,9,11,12,13 369:15,22 371:9,11 374:17 379:5 380:25 384:4 389:15 395:8,25 397:6 406:14 407:9 409:3 412:3,4,9,19 413:18,20 415:20 416:8 417:1 418:12 425:17 426:23 433:6 435:1,9,18 437:10 445:9 446:3 448:16 449:14 450:7 453:19 461:6 468:2 473:14 475:16 476:2 477:22,24 478:2,18 479:5,10 480:23 481:8 483:5 485:8 498:21 499:5,10,20,22 501:21 504:13 514:24 515:15 518:6 522:9 523:18 524:5,12,14,22 526:7 529:17 533:14,16 543:24 546:12,22 547:6 547:6 549:12,15 550:10 551:4 553:11 554:25 555:7,9 556:2,3 557:12 557:21 558:6,6,16,18,19 thinking 371:2 379:17 422:13 479:1 540:6 third 304:5 305:19 358:19 453:9 544:3

Court Reporting Videography Digital Reporting Transcription Scanning Copying Denver (303) 296-0017 Boulder (303) 443-0433 Colorado Springs (719) 635-8328 Greeley (970) 356-3306

AGREN BLANDO COURT REPORTING & VIDEO INC

558:23 thorium 479:16 thorough 557:4 thought 310:16 311:1 315:16 359:3 365:24 366:3 401:3 413:8,12 427:16 525:10 549:14 554:6,7 thoughts 375:8 thousand 379:22 380:16 380:20,25 thousands 332:17 thousand-year 324:15 379:14,18 threatened 317:12,17 318:16,18 319:19 343:12 threats 436:8 three 317:22 325:10 383:8 403:11 416:20 431:21 435:7 440:16,19 442:19 466:18 468:5 505:15 507:16,20,23 509:7 three-month 467:19 three-quarters 418:13 threshold 490:16 throttled 536:23 throw 451:21 537:16 thumb 491:19 thunderstorm 447:9 Thursday 287:19 tie 445:21 tied 485:8 tight 541:11,12,12 time 293:12 297:23,25 303:16 307:21 309:8 311:5 312:2,3,3,3,6,8 316:3 323:17,17 324:21 325:12 335:17 336:18 339:1 340:23 341:4,11 343:11 344:18 345:10 346:16 348:12 356:20 358:3 369:23 371:15 374:19 379:2 382:3 385:24 388:9 389:6,25 391:9 392:5 394:22 398:10,12 399:4 402:4 402:10 404:14,24 406:13,16 409:14 413:1 413:15 418:16 425:7

429:6 430:4,15,16 432:14 435:24 439:12 440:5 443:14 447:9,11 452:7,8,19 453:19,19 454:21 457:9,11 458:24 459:16,17 461:13 467:5 475:23 476:13 480:25 481:3,6,10,14,18,18,19 481:21,21,23,25 482:8 483:10 488:15 489:16 489:18 495:15 509:12 517:16,24 520:10 524:4 524:5 533:6 536:11 538:11 539:5 541:14 545:3 547:2 551:17 557:13 558:16 560:8 timeline 459:24 timely 521:24 522:6,8 times 318:8 324:23 338:22 339:4 340:15 342:17 409:22 410:3 430:17 475:22 494:16 528:5 timing 305:12 307:2 tiny 473:12,13 492:10 541:8,9 Tipton's 550:14 tissue 536:5 tissue/organ 450:23 Titan 453:14,15 title 351:22 465:5 471:16 today 295:2,6 311:23 313:2 496:24 519:21 531:20 543:10 told 291:4 376:20 377:1 411:1,3 tomorrow 291:24,25 424:15,17 459:16 463:15 499:3,8 559:7 tones 455:3 tonight 416:24 tons 338:15 383:7 392:20 392:21 393:3,6,16,16,22 452:21 460:20 534:2,3 537:2,2,2,3,10,10 542:2 542:12,15 543:4,5,6 544:9 top 323:1,12 335:10,12 350:21 358:20 474:4,10 476:16 487:16 535:16 topic 529:16

topography 323:7 442:5 445:11 total 388:19 418:3 492:23 totally 460:21,22 544:1 546:23 touch 386:22 388:4 511:8 touched 546:10 tough 463:25 towels 535:3 tower 486:15 503:25 504:2 510:9,9,11,12,13 510:18,19,20,23 515:11 515:16,18,21,23 towers 503:18 507:18 509:23 511:20 Town 341:25 523:11 towns 531:17 toxic 450:21 traces 440:2 track 292:12 tracks 440:2 trade 369:7 370:8 trailer 400:14 trained 469:9 484:19 485:21 training 469:5,6 502:20 502:22 transcript 287:3 560:11 transferred 336:22 341:12 transformers 548:15 transpired 318:15 transport 332:4 426:7 464:17,19 466:6 469:10 transportation 393:25 396:22,24 397:3 422:19 422:24 423:12 transported 426:16 trapped 418:15 Travis 288:2 311:1 374:2 466:21 499:16 508:17 treatment 344:8 trees 487:20 554:20 tremendously 391:11 trench 334:7 trenches 325:18 trenching 325:13 Trey 552:2 557:2,2 tributary 541:16 Trident 545:16 tried 323:4 391:19 466:17

553:1 tries 527:8 trigger 461:16 trillionth 473:25 Trinity 545:5 trips 534:9 trouble 517:17 truck 400:14 423:3,4,24 424:1,21 426:7 529:7 531:1 534:9 trucks 400:10,16 423:19 424:11 533:13,19 537:25 true 418:8 420:1 438:5 441:5 455:5 462:20 469:17,19 477:8 496:16 540:6 541:11 560:11 trust 546:17 try 292:24 293:13 304:4 305:19 307:18 359:13 375:8 378:13,15 425:18 458:2 484:17 502:16 534:5 552:10 557:6 trying 292:6 349:10 353:24 354:8 360:1 390:9 401:4,6,7 438:11 451:22 471:3 479:4 484:4,16 506:4 520:21 527:20 528:24 534:19 tucked 323:9 Tuesday 299:6 446:25 453:17 tumorigenesis 450:24 turbulence 485:18 turn 470:4 489:15 557:13 turned 293:14 410:13 531:6 turning 292:20 446:14 two 297:25 298:8 302:4 315:3 319:8 322:23 334:20 345:19 347:14 349:19 372:7 379:6 381:21,21 389:19 400:14 403:10,11 409:4 411:21 414:8 418:13 421:3,18 435:7 440:15 440:19 442:18,25 451:5 453:24 465:15,17 470:6 481:15 486:14 492:9 497:15 508:24 509:21 509:23,23 515:20

Court Reporting Videography Digital Reporting Transcription Scanning Copying Denver (303) 296-0017 Boulder (303) 443-0433 Colorado Springs (719) 635-8328 Greeley (970) 356-3306

AGREN BLANDO COURT REPORTING & VIDEO INC

522:21,23 530:3 534:13 551:2 two-inch 418:18 two-sixteenths-inch 536:17 type 298:21 300:18 302:25 326:8 337:20 341:23 393:13 410:21 422:24 423:4,9,11 426:14,15 436:21 439:18 440:3 487:5 541:14 549:15 types 405:4 471:21,22 489:7,13 517:9 537:21 546:4 typewritten 560:10 typical 356:19 386:9 typically 330:16,22 334:7 334:8 336:10 339:9 343:4 374:6 382:4 398:7 399:1 411:6 426:10 U Uh-huh 378:19 379:19 381:19 382:13 424:25 443:7 445:20 446:18 458:6 481:2 Uinta 431:22 432:4 ultimate 538:5 ultimately 310:5 315:15 326:5 330:14 341:12 371:18 420:15 489:10 ultradense 537:7 unable 533:15 unbelievable 524:21 underground 383:8 396:20 400:3 421:15 520:16 528:6 554:1 underlying 332:5,10,14 332:24 333:6 358:18 359:16 414:2 underneath 326:2 327:25 328:11 Underscore 303:11 understand 300:3 305:1 346:8 350:20 352:17 368:5,14 369:19 371:19 377:4 382:3 391:3 396:19 397:23 420:9,23 425:21 439:25 452:23 454:9 463:15 469:17

473:17 486:12 491:13 494:1 496:1,6,7,9 506:21 518:25 521:6 523:6 545:11 557:6 understanding 331:5 377:11 392:11 411:19 411:20 412:7 418:17 436:20 437:9,11 446:24 470:5 506:1 510:25 521:17 536:17 543:13 544:9 understood 292:3 319:23 unfortunately 452:15 544:24 Union 288:14 466:25 541:1 United 529:18 532:15 541:5 universe 311:16 University 464:6,7 502:25 unorthodox 298:15 unreasonable 349:10 unrelated 408:5 unrelevant 442:12 unstable 476:18 unsuitable 449:19 unvegetated 447:23 449:11 unwieldy 368:13 update 481:20,23 updates 483:3 updating 343:15,19 481:17,22 upper 323:2 324:18 489:22 505:6,13 506:12 506:19 507:12 uppermost 328:19 upstream 322:17 upwards 342:12 up-zoned 541:19 uranium 287:6 345:1,4,6 371:6 400:11 423:13 466:4,5,5,14 473:4 475:8 479:14,14,15 492:3 494:21 520:16,19 520:22 521:21,22 524:9 524:17 525:18 528:6,8 534:7,12 542:12 554:18 555:4,13 557:15 uranium-oriented

535:18 use 293:1 296:1 297:9,10 299:7,9 300:4 301:17 305:25 308:10,17 310:5 325:2 330:17 339:5,15 347:15,24 352:15,19 353:15 354:11,23 356:4 358:3 363:22 366:6,11 367:25 369:20 382:25 384:17 411:13 412:17 426:15 447:23 455:13 455:14 464:16 472:17 473:16 475:4,22 476:3,7 479:12 481:1 483:12 489:22 492:4 507:20 515:17,25 516:1,1,16 520:18,20 521:18 533:7 537:13,18 545:13 547:9 555:8,12 uses 489:19 520:22 usually 431:9 440:15 472:15 490:19 511:3 Utah 381:8 400:1 521:1,1 525:13 utility-scale 548:13 utilization 388:16 U-238 535:24 536:2 U.S 391:1 428:3,17 528:3 V valley 315:17,20 323:8 377:15 437:5,14,24 438:2,8 445:14 448:13 449:18 536:20,21 538:23 557:19 valleys 381:7 valuable 408:12 478:1 value 555:22,23,24 valves 525:21 vanadium 400:11 525:17 525:19 variability 482:22 varies 392:13 variety 465:19 various 297:24 325:14 333:4 335:21 399:2 464:21 473:2 497:9 520:10 526:20 527:1 539:20 546:20 vary 517:7 vast 369:6

vegetated 447:23 vegetation 325:1 327:13 335:15 336:1,16 405:14 408:9 409:24 432:13 437:2 449:2 456:14 458:8 vegetative 324:22,25 335:13 449:2 vehicle 549:20 vehicles 534:21 vendors 331:15 vents 520:18 verification 329:13 verified 495:10 verify 325:14,19 427:18 version 296:24 versus 334:17 393:16 412:18 434:13 479:1 528:7 vertical 324:1 539:13 vicinity 317:20 376:4 395:10 404:17 442:24 443:24 444:4 445:17 view 332:19 368:7,8 425:22 434:16 506:7 viewed 434:1 views 306:9 virtually 345:3 visible 431:9 visits 337:1 voice 314:2 voir 290:6 361:11 362:22 Volume 287:3 326:12 332:2 333:1,2 366:9 405:16 470:14,15 volumes 333:4 voluminous 352:21 VP 540:2 W W 288:17 wait 300:23 419:22 486:8 waived 414:17 waiving 363:16 walk 329:9 559:4 walking 320:11 416:12 558:9 Wall 548:7 want 292:10 293:18 303:23 308:2 309:11 311:17 320:11 342:6

Court Reporting Videography Digital Reporting Transcription Scanning Copying Denver (303) 296-0017 Boulder (303) 443-0433 Colorado Springs (719) 635-8328 Greeley (970) 356-3306

AGREN BLANDO COURT REPORTING & VIDEO INC

347:24,25 349:17 352:19 353:1,6,15 354:23 355:6 357:24 358:1 366:2,17 367:10 367:13,18,19,19 378:23 380:10 381:12 383:13 383:21,25 385:11 386:22 388:4,21 390:19 392:15 394:8 404:25 411:18 417:11 427:2,25 428:25 431:1 433:12 436:21 449:25 455:4 457:21 460:8 463:19 466:22 478:9 479:22 483:2,3 485:14 499:4,19 499:21 500:3,21,22 501:15 502:3,5,18 517:22 518:3,23 526:6 530:12,24 532:20 533:23 537:24 538:25 539:13,23 540:14 541:2 541:16 542:23 545:11 545:15 548:17,19 549:24 wanted 314:21,23 315:2 320:15 330:5 336:22 363:20 445:6 457:11,13 458:1,12,17 511:20 526:5 527:15 543:10 wanting 313:2 wants 297:9 308:14,17 312:23 354:2 416:13 417:4 478:8 499:16 551:23 war 546:16 warheads 545:19 warrant 393:9,12 warranties 340:1,4,6,8 341:19 342:3,7 Warren 500:6,9 wash 381:9 wasn't 318:25 380:14 394:14 406:19 438:21 449:10 462:16 544:16 waste 306:17 331:12 344:12 395:14 537:21 537:22,24 538:5,12,13 538:14 wastes 327:21 wastewater 344:16 watching 490:14

water 318:3,4,7,8,10,15 324:10,25 325:2 330:12 330:22 334:18,22 335:3 335:9,10 338:23 344:8 376:25 377:12,13,14 381:14,17,22 382:5,7,9 382:11,18,23,24,25 383:7,10,12,14,18,19,20 384:1,17,17,21,22,24 385:9,21 386:24 388:12 388:16,17,20,25 389:7 390:1,2 393:23 423:21 425:6,6,7,24 426:20 441:21 443:1 446:13,21 450:16,18 455:19 456:1 456:3,4,5,8,16 522:5 530:23 531:1,1,8 534:4 536:24 538:18 539:2,11 539:16 541:22 545:4 552:25 553:1 555:8,13 556:1,8,16 558:22 waterways 423:20 watts 548:2,5 way 292:3 293:17 299:13 300:23 303:20 304:2 305:3 307:13,14,20 315:2 320:8 327:10 330:1 338:13 346:15 347:17 349:4,10 354:8,9 358:11 361:1 366:14 385:9 392:11 416:12 421:20 434:16 437:15 451:20 453:2 462:4 467:7 472:12,13 486:11 495:3 524:19 537:19 544:25 548:25 ways 338:12 347:20 546:13,13 weapon 545:17 weaponry 532:23 weapons 465:3 546:19 551:13 wearing 532:2 website 312:18 368:5,21 371:19 428:12,16 534:2 542:3 weekend 308:6 312:20 weigh 426:8 weight 549:6 welcome 314:16 417:6 463:10 498:19

wells 288:10 329:22 330:7,8,9,9,10,13,15 335:23 336:17 382:10 383:5,6 384:17 386:8,14 well-trained 468:4 went 300:12 341:10 350:5 360:1 406:14 408:25 419:19,22 422:23 439:21 440:13 449:15 510:14 545:22 554:12 weren't 305:9 312:7 461:8,15 474:12 514:3 west 334:21 370:12 553:5 western 288:5 381:8 Westlaw 434:14 WestWater 430:10 wet 531:8 535:3 wetland 441:5 446:16 wetlands 441:8 we'll 306:4 311:19 312:9 313:19 361:9 367:17 486:8,9 495:3 514:6 we're 322:15 338:21 343:8 353:17 357:6 359:19 369:20 380:22 398:12 437:14 453:18 455:13 459:17 500:4 506:1 523:23 531:16 533:18 539:8,10 540:21 543:3 544:2 545:12 548:22 554:23 we've 304:13 305:8 329:13 339:8,24 348:15 352:8 426:12 499:8 523:25 530:9 536:22 544:15 546:19 552:21 554:24 whereof 560:16 whipping 531:4 White 521:19 523:3 wild 288:21,24 291:18 555:20 WildEarth 434:13 wildlife 314:25 315:11 315:21 316:7,10,21 317:6 375:7,19 376:15 377:10,23 378:1,11,14 378:21,24,25 379:1,2 383:17 390:15 394:18 402:20,22 405:7,14,15

407:22 409:24 410:25 418:11 422:7 428:4,17 429:21 433:22 434:9 436:5,20 439:6 440:5 447:18 452:14 453:3 454:8,11,11 457:1 Wildlife's 419:12 willing 306:20 369:16 374:19 450:11 528:15 528:15 539:19 Willis 554:1 willy-nilly 451:22 wind 323:6 324:10 476:10,11,14 477:15 483:23 485:18 487:12 487:17 488:12,12 489:20 490:1,2,15,24 491:3,6 503:20,21 516:14,14 523:22 531:4 Windblown 521:25 winding 546:10 windows 483:13 535:4 winds 323:9,13,16,17 windstorms 490:13 windy 400:25 wind-blown 326:3 winter 315:23 317:1,9 412:15 439:16,23 440:22 wintering 438:17 439:15 wipe 530:6 wiping 558:8 wiring 536:18 wish 518:10 539:23 withheld 348:19 witness 293:25 294:6,23 306:1 312:8,14,15 314:13 345:20 354:24 362:11,12 363:22 401:9 412:7 459:21 501:6 560:16 witnesses 290:3 291:25 312:7 313:23 498:25 499:2,11,24 woman 554:1 wonder 464:9 502:19 527:22 wooden 333:21 word 303:11 388:13 399:5 422:11 496:7 words 404:5 428:21

Court Reporting Videography Digital Reporting Transcription Scanning Copying Denver (303) 296-0017 Boulder (303) 443-0433 Colorado Springs (719) 635-8328 Greeley (970) 356-3306

AGREN BLANDO COURT REPORTING & VIDEO INC

528:10 551:2 wore 532:4 work 293:17 295:8,9 298:20 299:14 302:19 305:21 313:9 315:3,10 316:1,4 325:11,16 337:9 346:15 364:19 373:6 378:11 408:24 415:20 415:21 416:23 443:20 451:10 452:22 453:16 465:2,4,18 467:8,10,11 470:4 493:11,12 494:12 495:11 524:24 540:15 550:15 workday 534:14 worked 372:17 378:21 383:15 390:23,25 430:13 453:11 475:20 493:7 553:25 workers 338:4 394:3 551:1 working 297:25 363:6 372:1 379:3 421:17 453:3,5 464:10 467:6 468:4 508:18,21 509:12 509:16 512:6 513:6,7,11 514:10 540:18 works 304:22 330:1 402:17 453:6 469:17 472:14 537:12 work's 298:8 world 426:13 464:24 487:17 553:13 557:10 557:11 worry 348:9 worst-case 471:5 worth 457:4 476:8 478:5 wouldn't 299:7 318:24 327:15 345:6 380:10 381:11 398:14,16 448:5 450:10 452:22 461:9 479:12,17 507:8 544:21 550:5 write 295:24 297:10 300:11,25,25 309:3 313:21 314:4 writes 540:13 write-up 300:18 writing 300:5 308:19 503:8 written 293:10 295:19

416:22 417:2 435:23 474:15 wrong 303:2 310:22 397:22 430:4 435:25 497:5 558:24 wrote 300:10 302:10 351:22 412:21 413:3 467:24 509:8 Wynkoop 288:22 Wyoming 372:3,20 421:16 466:19 475:10 525:14 X X 416:3 472:20 535:15 XP 483:13 Y Y 416:3 472:20 yeah 295:13 304:10 313:18 314:3 350:24 351:10 353:19 356:2 371:1 376:1 380:14 381:6,24 394:14 395:18 404:22 407:24 408:1 422:17 439:25 442:25 451:2,13 455:2 459:11 462:3,13 466:16 471:3 481:12 495:1 496:9 500:19 511:18,24 515:24 517:1 year 380:20 383:7 410:3 425:7 439:9 471:19 475:15 476:7,24 477:7 477:13,18 481:5,9,19 482:1,20,20 483:11 489:11 492:12,14,15,16 492:17 505:12,18 507:4 508:24 516:21 520:24 524:13 544:9 554:12 years 297:25 298:9,21 302:4 304:12,16 313:23 316:19 325:15,23 329:21 330:17 336:3,10 337:8 343:4,18 379:22 380:2,16,19,25,25 391:4 394:20,25 395:3 423:10 424:2,8,14 439:7 440:7 443:21 454:3 462:23 464:11 467:3 476:8,8 477:20,20,22 491:22

493:13 503:7 505:15 507:16,20,23 509:8 523:3,23 524:20 530:3 533:6 534:24 536:12 538:3 544:10 545:19 547:1,12,15,18 548:8 549:11 552:17,17 554:21 557:20,20 558:3 558:3 year's 478:5 yell 474:23 yellow 295:25 300:7 yellowcake 337:19 423:15,24 425:5 426:7 472:18 532:11 540:19 540:22 542:13 yesterday 292:11,14 293:11 296:22 305:11 314:18 320:1,14 327:24 337:14 344:3 346:20 358:23 360:6 404:18 406:5 414:22 416:20 424:24 463:24 464:8 465:23 474:12 477:23 531:20 552:14 556:13 Young 504:10 you-all 311:21 348:12 Yucca 544:16,17,21,24 545:4 Z Z 416:3 472:20 488:3 zero 337:19 472:15,16,16 487:14,18,25 $ $1,000 548:17,18 $1,500 548:20 $10 544:2 $10,000 538:4 $11 340:25 $12,000 548:11,23 $15 342:3 $2,500 548:21 $40 426:10 $700 547:25 548:12 $844,000 341:10 0 000 488:4 001 390:7 0066704 443:10

01 390:7 1 1 314:21 320:13 357:4 366:9 470:16,18 471:8,9 473:18,18,23,23 474:1 491:19 1,000 393:3,6,16,22 534:3 1,600 528:5 1.4 340:8 1.6-million-dollar 371:23 1:00 292:14 358:10 360:10 1:05 413:23 10 290:18 297:3,6,7 327:6 339:16 394:13 472:8 479:20 480:6 489:17 505:3 515:15,17,18,22 516:1 543:13 10,000 424:8 10-hour 534:14 10-meter 509:24 510:10 510:13,19 515:11,18,22 10:02 347:6 10:32 347:6 100 471:19 531:14 533:6 547:12,15,18 554:24 100-millirem 472:2 100-page 522:18 1000 548:2,5 102 414:18 436:23 438:17 1045 287:20 106 414:19 11 318:23 367:11 470:14 470:15 558:4 11e(2) 340:14 11th 457:23 11:08 374:23 11:12 374:23 12 287:2 414:15 470:18 489:17 12th 457:25 12,000 424:1 12:02 413:23 13 529:25 1318 287:2 14 560:18 145 544:4 15 402:17 479:20 543:14 15th 416:21

Court Reporting Videography Digital Reporting Transcription Scanning Copying Denver (303) 296-0017 Boulder (303) 443-0433 Colorado Springs (719) 635-8328 Greeley (970) 356-3306

AGREN BLANDO COURT REPORTING & VIDEO INC

15-million-dollar 558:5 15-minute 503:21 516:15 1525 288:17 1536 288:22 16 476:9 483:25 545:19 16th 560:22 160 316:25 1600 474:8 17 414:18 503:2 1700 288:10 18 314:19 320:12 321:10 321:13 529:18 180 458:11 180,000 474:3,4 491:17 187 543:5 19 447:18 1911 288:3 1976 492:1 1980 494:22 495:12 1981 502:24 1984 503:2 1991 503:1 2 2 314:22 320:15 332:2 470:17 471:8 510:10,19 515:15,15,17,21,22,25 516:1 2.9 340:10 2:12 463:4 2:30 463:4 20 306:11 307:6,7 308:2 322:8 338:24 397:7 463:18 464:10 468:22 535:10 538:3 549:11 20,000 527:13 20-year 558:13 200 380:19 200,000 383:7 2000 525:9 2002 438:5,15,19 440:5 2007 528:9 529:10 534:9 2008 439:12 505:18 2009 310:18 405:7 427:9 427:23 432:21 435:23 439:12 505:19 529:18 2010 429:13 434:13 2011 298:10 306:23 307:3 309:16,18 311:2,5 341:16 344:10 475:16 2012 287:4,19 298:10

306:24 307:4 309:16 311:2,15 560:17 2016 560:18 216 560:22 22 304:12,16 226 473:15,16,23 479:16 230 479:16 234 479:15 238 288:3 479:15 24 427:9,23 432:21 482:12 547:2 24-hour 547:23 24/7/365 471:24 25 467:3 470:19 471:10 25-foot 322:8 250,000 423:9,25 424:14 28 503:6 294 290:4 297 290:18 3 3 321:20,21 405:16 429:25 436:23 438:17 471:8 480:8 3-D 476:19 488:17 3:21 501:1 3:32 501:1 3:53 519:5 30 293:9 398:25 399:6 403:12 479:21 480:18 486:16 492:2 515:21,25 524:20 547:22 554:21 30th 560:17 30-meter 509:24 510:8,9 510:12,18 515:15,16,16 515:21 30-mile 399:10,21 400:12 400:21 401:19 402:3 300 534:9 303 288:22 314 290:6 3200 288:10 341 474:9 349 288:6 35 491:22 360 544:9 361 290:6 375 290:7 38 552:17 381 474:9 38543 451:2

3895682 434:14 4 4 322:13,13 326:12 333:1 405:6,18 423:16 427:22 432:19 436:11 446:14 470:19,24 4-49 427:6 4.5 536:11 4.5-billion-year 535:25 4.8 327:5 4:00 313:19 417:5 517:21 4:07 519:5 40 418:2,5 460:6 477:22 552:17 40-mile-an-hour 490:16 400 392:21 400,000 340:20,24 415 315:19,23 316:11,13 316:13 415-acre 316:3 417 290:7 43 426:7 44 288:14 447,000 349:7 46 313:23 460 290:8 463 290:9 47 446:15 478 290:10 48 423:17 489:12 49 427:22 432:19 493 290:10 5 5 327:19 333:2 414:14,15 429:14 471:10 5G 332:7 5H 333:7 5th 363:6 5-12 529:9 5-26 528:9 5-4 529:9 5:11 559:8 50 340:18 436:12 531:17 531:24 533:22 50s 527:18 500 338:15 393:16 452:21 460:20 534:2 544:9 500-pound 547:7 500-ton 460:19

502 290:12 508 290:12 515 290:13 516 290:13 519 290:15 55 473:14,24 474:4 57 543:5 6 6 311:15 334:10 6-4 400:7 6.4 340:18 400:8 6:18 457:23 60 416:23 600 288:14 6215 289:2 650 560:22 7 7 337:3 407:13 7th 288:18 70 317:24 318:17 416:23 480:23 70s 372:24 391:5 70-cents-per-watt 547:24 8 8 287:4,19 337:10 8,000 478:3,4 492:24 8,760 477:12 481:9 492:19 8:30 457:25 559:7 8:44 287:19 80 322:6 338:24 80s 320:23 550:25 800 440:20 80202 288:23 560:22 80203 288:11,18 80228 288:14 80303 289:3 80540 288:6 81301 288:4 85 539:5 543:6 880 440:18 9 9 297:2 339:16 90s 320:23 900 426:8 903 542:14 907 542:12

Court Reporting Videography Digital Reporting Transcription Scanning Copying Denver (303) 296-0017 Boulder (303) 443-0433 Colorado Springs (719) 635-8328 Greeley (970) 356-3306

AGREN BLANDO COURT REPORTING & VIDEO INC

92 543:4 98 429:25

Court Reporting Videography Digital Reporting Transcription Scanning Copying Denver (303) 296-0017 Boulder (303) 443-0433 Colorado Springs (719) 635-8328 Greeley (970) 356-3306