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

PURSUANT TO NOTICE to all parties in


interest, the above-entitled matter resumed for
hearing before Honorable Richard W. Dana on Monday,
November 12, 2012, beginning at 8:35 a.m., at

1045 Main Street, Nucla, Colorado, before Janet Lee

Priestley, Registered Professional Reporter and

Notary Public within and for the State of Colorado.

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APPEARANCES:
FAEGRE BAKER DANIELS, LLP
By James R. Spaanstra, Esq.
Olivia D. Lucas, Esq.
1700 Lincoln Street, Suite 3200
Denver, Colorado 80203
ENERGY FUELS RESOURCES
By Curtis H. Moore, Esq.
Director of Communications & Legal
Affairs
44 Union Boulevard, Suite 600
Lakewood, Colorado 80228
Appearing on behalf of Energy Fuels
Resources.
TRAVIS STILLS, ESQ.
Energy Minerals Law Center
1911 Main Avenue, Suite 238
Durango, Colorado 81301
and
JEFFREY C. PARSONS, ESQ.
Western Mining Action Project
P.O. Box 349
Lyons, Colorado 80540
Appearing on behalf of Sheep Mountain
Alliance.
MATT SANDLER, ESQ.
Rocky Mountain Wild
1536 Wynkoop Street, Suite 303
Denver, Colorado 80202
Appearing telephonically on behalf of
Rocky Mountain Wild, Center for
Biological Diversity, and Colorado
Environmental Coalition.
OFFICE OF THE ATTORNEY GENERAL
By Jerry W. Goad, Esq.
First Assistant Attorney General
1525 Sherman Street, 7th Floor
Denver, Colorado 80203
Appearing telephonically on behalf
of Colorado Department of Public
Health and Environment.

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APPEARANCES:

(Continued)

ROBERT LOUIS GROSSMAN, PhD


6215 Baseline Road
Boulder, Colorado 80303
Party in Interest

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I N D E X
PUBLIC COMMENTS:

Pages 1,056 to 1,230


Pages 1,290 to 1,307

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WITNESSES
PAGE
FRANK FILAS
Cross-Examination by Mr. Filas
1,232
Cross-Examination Resumed by Mr. Filas 1,308
Cross-Examination by Dr. Grossman
1,364

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SMA EXHIBITS

ADMITTED

Exhibit 19 10-17-12 press release

1,247

Exhibit 20 CD of Energy Fuels self-reporting


documents to CDPHE

1,267

Exhibit 21 Excerpt from environmental report

1,272

Exhibit 22 12-14-07 E-mail exchanges among


Frank Filas and Zach Rogers and
others

1,284

Exhibit 23 11-25-09 Pinon Ridge mill license


application, potential technical
issues

1,309

Exhibit 24 4-5-11 E-mail to John Harvey


from Frank Filas and related
E-mail

1,318

Exhibit 25 Pinon Ridge Three Step Plan dated


March 2012

1,326

Exhibit 26 5-3-10 E-mail to Frank Filas


from Bob Monok and related
E-mails

1,329

Exhibit 27 December 2010 monthly report


prepared by Frank Filas

1,335

Exhibit 28 11-8-10 confidential memorandum


to Steve Antony from Frank Filas

1,338

Exhibit 29 8-13-09 Pinon Ridge mill


decommissioning and reclamation
cost estimate

1,348

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I N D E X (Continued)

SMA EXHIBITS

Exhibit 30 Notes from 9-7-10 conference call


with Fish and Wildlife Service
and Pinon Ridge mill
representatives

1,354

Exhibit 31 5-31-12 E-mail to Frank Filas


from Steve Tarlton and related
E-mails

1,361

ADMITTED

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P R O C E E D I N G S

HEARING OFFICER:

For the record, we'll go

back into session for the administrative hearing for

the Pinon Ridge uranium mill application.

set aside today for public comments.

some in writing, and we're going to start a process

in a moment where we'll do oral comments.

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Time is

I have received

For those of you who haven't been with us


every day, we're going to do all the comments of

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those of you that are present.

And when we run out

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of people to do that, we're going to put the lawyers

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back to work and me back to work hearing the evidence

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in the case.

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regular intervals to do more comments from other

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people that come in.

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this out and get the day done.

And then we'll interrupt that at fairly

And hopefully we'll balance

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The process is if you're to make an oral

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comment, there's a sign-up sheet in the back of the

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room.

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name and very brief information so that I spell

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everybody's name right and make the record clear

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here.

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people have given me, I have about 30 of them

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available on the Internet.

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get you, if anybody particularly wants to look at

And I would appreciate it if I could get your

The written comments for the record that

And there's a link I can

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them, that will get you into the file that has all

those comments in it.

will say that I spent some time yesterday trying to

get them all in a format that is readable by

everybody.

had difficulty reading my first cut at it, to check

and see if he can read it.

put the additional comments I have on there.

about 80 that are not yet on there because I wasn't

For the benefit of counsel I

And I've asked Mr. Stills, who we know

And if he can, then I'll


I have

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sure about the format I was saving them in.

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want to do it and have it be unproductive.

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that's my lack of technical skill with the computers

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that drives that exercise, so bear with me.

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eventually all of the written public comments will be

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available to be read by anybody on that link.

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I didn't
And

But

The oral public comments are made from

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right here (indicating).

Since Dr. Grossman hasn't

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arrived yet, we'll use this chair if you want to sit

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down, but most people have stood.

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so the reporter can hear you and so that I can hear

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you.

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accommodate everybody.

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here.

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get the list and -- is anybody here that has not

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signed up on the sign-up sheet that would like to

You have to speak

We've not time-limited this, but I'd ask you to


We've got a lot of people

And we'll go from there.

I'll walk back and

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make a comment?

AUDIENCE MEMBER:

Where is it?

HEARING OFFICER:

Over on the table by the

donuts or whatever is there.

And I'll walk back and

get the list in a minute, and we'll start calling on

you.

as a group.

tell you that to this point, none of the counsel have

asked questions of the people making oral comments,

I will ask you to take an oath.

I'll do that

It's quicker to do it that way.

I will

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although I think they're entitled to.

But those are

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going to be questions more than cross-examination.

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We're not going to get in arguments about this in

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this context.

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the parties that are sitting in the front of the

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room.

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Whatever side you're on, they'll make your argument.

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You can on that.

We'll get into arguments about it from

Trust me, they'll make your argument for you.

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So with that premise, that's the protocol

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for the morning.

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sign-up sheets, and we'll get started.

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acquaintances or friends that come in as we're going

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through this, if you'd point them in that direction

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I'd appreciate it.

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And I'll walk back and get the

MR. STILLS:

If you have

The text and PDF format comes

up fine.

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(Discussion off the record.)

HEARING OFFICER:

All right.

Let me ask,

if I could, for those of you in the back of the room

who intend to make public comments, if you'd raise

your right hand.

(Audience members intending to offer

public comments were sworn by the Hearing

Officer.)

HEARING OFFICER:

All right.

I mixed

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these up as I was coming forward, folks, so they're

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completely out of any kind of rational order.

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bear with me.

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And

I'm just going to go through the list.

Rein Van West.

How closely did I miss

that one?

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MR. VAN WEST:

You're a lot closer, Judge,

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than many.

It's Rein Van West.

And I'm a resident

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of Ouray County here in the state of Colorado.

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good morning to all.

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citizens in Western Colorado either having more jobs

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or financial benefit from the proposed Energy Fuels

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uranium mill.

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operation of this mill should it begin processing

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uranium ore on two counts.

And

I'm not at all opposed to

However, I'm strongly opposed to the

Number one, given --

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(Speakerphone interruption.)

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HEARING OFFICER:

Go ahead.

You'll get

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that all day.

MR. VAN WEST: -- given that there is a

well documented history of radioactive groundwater

contamination in the state of Colorado, I'm very

concerned that the applicant is being granted a

permit by the Colorado Department of Public Health

and Environment under requirements that are similar

to ones where radioactive groundwater contamination

has already occurred in other locations in our state.

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These requirements have not been

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researched adequately to establish the statistical

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probability of a system failure.

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failures; perhaps immediately or perhaps long after

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the uranium mill has ceased operations.

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concerned that such a failure relative to radioactive

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groundwater can contaminate downstream water supplies

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and thereby cause deep and serious liability issues

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from other downstream Colorado counties and/or

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states.

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occur, and who pays the financial cost of such a

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system failure?

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And yet there are

I'm

Where's the contingency plan should this

My second point is simply how's it

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possible for the CDPHE to be allowed, who is our,

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yours and mine, state regulatory agency charged with

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keeping its citizens safe from industrial health

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impacts, to issue a permit that says Energy Fuels has

met all the requirements and now there are no longer

any safety concerns?

Everywhere and anywhere there has been uranium mining

and milling, there have been tragic consequences for

human beings exposed to radioactivity.

nothing safe about radioactivity, period.

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I think that's ridiculous.

There is

Has the CDPHE done long-term health


studies on the effects of radioactivity?

There's no

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need to.

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literature.

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the state with granting a permit when it knows it

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cannot guarantee the health and welfare of the

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citizens it is meant to protect?

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citizens a feeling of security because it is the

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CDPHE who is issuing the permit, I believe if the

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CDPHE was to truly establish requirements for there

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not to be long-term health impacts on its citizens,

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then it would not be ever profitable to engage in

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uranium mining or milling.

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established a reasonable standard of safety.

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who is reasonably safe, and who isn't?

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impact perspective, I believe that the permitting

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process is irrevocably flawed.

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The results are well documented in the


So why, then, is the CDPHE charged by

To give its

Instead, the CDPHE has


So then

From a health

So in conclusion, my two reasons for

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asking that a permit not be granted to Energy Fuels

are, number one, because during the life of the

aforementioned mill, there would be a historical

probability of radioactivity groundwater

contaminating water supplies due to a systemic

failure; and second, that the CDPHE should not be

permitting a uranium mill when there are too many

documented health risks associated with this kind of

toxic and incredibly dangerous enterprise.

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Thank you very much for your time.

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HEARING OFFICER:

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Terry.

Thank you.

Noalani

How close did I get on that?

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MS. TERRY:

Very good.

My name is Noalani

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Terry.

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level, I am especially concerned about uranium

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particles and other toxins released in mining and

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milling that can contaminate my neighborhood.

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have terrible winds over there.

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weekend we had wind, and you could see the wind

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across different parts.

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this area.

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house, car, garden, and irrigation ditch and carry

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that pollution all the way downstream or downwind.

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I'm from Montrose, Colorado.

On a personal

And we

And over the last

And a lot of that comes from

It can contaminate my neighborhood, my

I believe the mission of the Colorado


Department of Public Health and Environment is to

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protect public health, not promote corporate wealth.

I am not against corporate wealth if it is used for

the public good, but I see a pattern that is very

disturbing.

through a flawed permitting process which included an

Energy Fuels witness who called himself a health

physicist, stating uranium never hurt anyone.

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First of all, CDPHE nursed Energy Fuels

Second, CDPHE has shown no leadership when


it comes to making sure the national gas industry

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takes measures to protect Colorado citizens from the

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ravages of fracking and the contamination it has

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introduced to our rivers, air, soil, and wildlife in

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addition to noise and light pollution severely

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affecting the well-being, quality of life, and

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property values of those who lived near those

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operations before they were leased.

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Third, CDPHE is now part of a misguided

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nationwide effort to forcefully vaccinate our

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children and our healthcare workers for influenza and

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other diseases without considering the many poisons

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such as formaldehyde, aluminum, MSG, and mercury,

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often in quantities far above toxic doses, used as

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preservatives in a typical immunization.

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cumulative effects of these neurotoxins include

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mental as well as physical impairments and have been

The

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linked to such conditions as autism and Alzheimer's

disease.

for flu shots provided by the manufacturers states

that no studies have been made as to possible

carcinogenic or fertility effects and also that in

many cases, if not most, they are not effective in

protecting the persons vaccinated.

Fine print in the descriptive literature

In every instance, there are foreign or

multinational corporations, particularly those in the

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energy, biotechnology, and pharmaceutical industries,

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who think they are persons making big money and

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controlling government decision-makers while making

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real people sick.

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the way, but this is not government for the people,

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of the people, and by the people.

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permitting of Pinon Ridge mill until CDPHE and Energy

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Fuels can prove its safety, preferably using the

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precautionary principle which means they must prove

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no harm, not wait for people to be harmed.

They may provide a few jobs along

I oppose the

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(Discussion off the record.)

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HEARING OFFICER:

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MR. PARKER:

Randy Parker.

Good morning.

My name is

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Randy Parker, and I'm a full-time resident of Ouray

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County, and I oppose the granting of this license.

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I'll limit my comments to two points.

One, the

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inadequacy of the risk assessment being relied upon,

and two, the woefully inadequate bond to cover the

cost of financial cleanup.

risk assessment which is being relied upon by the

Colorado Department of Health and Environment fails

to adequately consider the more than half century of

boom/bust uranium mining and milling in this region,

including the well documented history of

contamination.

First, in my opinion, the

Colorado regulators have consistently

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failed to prevent this contamination which has

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required Colorado taxpayers to spend more than a

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billion dollars cleaning up uranium mills.

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It's my understanding that the cost of

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cleanup at the nearby Naturita mill is approximately

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85 million.

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Superfund site, and the cost for that cleanup is

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120 million.

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significant number of uranium companies have gone

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bankrupt, leaving the communities in this region in a

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worse position than before they began their

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operation.

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historic pattern and operates only intermittently, it

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is likely that large stockpiles of uranium ore will

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be stored on-site for years, releasing radioactive

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material into the environment.

And the Uravan mill is now designated a

Across the Uravan Mineral District, a

If the Pinon Ridge mill follows this

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The history of this industry in our region

tells us that when the uranium market is at its

weakest, the risk to our environment is significantly

higher.

of lack of revenue in these periods.

containment systems may begin to be neglected.

all of this could be occurring when there are fewer

people present to monitor these systems.

economic reality in my opinion was not adequately

Regular maintenance may be deferred because


Secondary
And

This

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considered when the mill's environmental assessment

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impact was done, and therefore that assessment is

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inadequate and should be a basis for denying the

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issuance of this license.

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I believe that the proposed $11 million

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bond for the final cleanup is inadequate.

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Apparently, arguably, even the applicant recognized

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this was inadequate.

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settled with them, they proposed to increase the bond

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to 15 million.

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the mill, whoever that might be, goes out of business

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that the bond will not be sufficient to pay for the

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actual decontamination and decommissioning costs and

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will not cover the cost of long-term monitoring and

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care for the mill site.

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milling in Colorado is an accurate predictor, it

And when San Miguel County

I'm concerned that if the operator of

If the history of uranium

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seems likely that the owner or operator of the mill

will walk away and leave you and I, the taxpayers,

responsible for paying the bulk of these costs.

While I recognize that the Department of

Health may feel constrained by certain formulas in

its regulations with respect to the bonding, I

believe that their mission of protecting your health

and my health and the environment of this region and

the state of Colorado should take precedence.

If

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they feel constrained by those current regulations,

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they should delay the application until a formula can

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be developed that adequately protects the taxpayers

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and residents of the state of Colorado.

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Thank you for taking the time to listen.

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And please consider this application carefully and

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either deny it in its entirety or impose sufficient

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conditions that will protect both the environment of

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our state and the health of those of us who live

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here.

Thank you.

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HEARING OFFICER:

Thank you.

Jennifer

Thurston.

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MS. THURSTON:

Good morning.

I want to

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just start out by saying thank you, Mr. Dana, and

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just express how pleased I am to have the opportunity

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to comment.

I really feel that when we're talking

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about a uranium mill and the type of facility that it

is and the return of mining to the Uravan Mineral

District, we must have an absolute transparent and

open process.

frustrated with the Colorado Department of Public

Health and Environment's record on transparency and

openness.

order, to have the opportunity to speak today.

And I have, in the past, felt

But I feel grateful, by reason of Court

One thing that I feel very strongly is

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that the State Health Department needs the consent of

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the people in order to issue a license, and I don't

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feel that that consent has been achieved, something

13

that will be expressed in greater detail in written

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comments that will be submitted to you behalf of the

15

organization that I work for, The Information Network

16

for Responsible Mining, and many other regional

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conservation groups in this area that are not parties

18

to this process but are still fully in support of the

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parties and are opposed to the licensing of the mill.

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I want to talk to you, however, from the

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perspective of a private citizen, my personal

22

comments and my deep history in this region as a

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resident of San Miguel County.

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deeply distressed by the fact that there are already

25

social impacts here, and the mill has not even been

I grew up here.

I am

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licensed or built.

neighbors, all up and down the San Miguel River, and

today we're divided.

Just the idea of this mill has ripped into our social

fabric.

We used to be friends and

We are already feeling it.

One of the problems with that is that the

mill is entirely speculative.

I don't really believe

that we should be building a facility of this type

based purely on speculation.

Ultimately I don't

10

think that the market's going to allow for the

11

development and the active use of this mill.

12

Energy Fuels is going to have to turn to waste

13

processing.

14

made a big announcement in October, perhaps you're

15

aware, of closing down the remaining mines in this

16

region and turning its focus towards processing

17

alternate waste at the White Mesa mill in Blanding,

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which it acquired June 29th, this summer.

19

And in fact, they already have.

I think

They

That's a major shift in business, and I do

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think it's one of the flaws in the state's analysis.

21

It has not really been updated over the past couple

22

of years and most recently, in the past few months,

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looked at the really significant developments of

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Energy Fuels.

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when it submitted this application in 2009.

It is not the same company that it was


It's now

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the largest uranium producer, conventional uranium

producer in the Western United States.

more properties.

of course, is that it owns another mill, and that

really decreases the need for the Pinon Ridge mill.

None of these issues were really updated in the

State's analysis, and I think that's a great flaw of

the process.

It owns many

And the white elephant in the room,

Energy Fuels has also made a big shift in

10

its mining emphasis and is now directing its efforts

11

towards developing its very much higher grade ore

12

deposits in Northern Arizona.

13

and they're essentially the lower hanging fruit, and

14

that's their focus now.

15

has been or will be the mines in Western Colorado.

16

But they're smaller,

I don't believe that it ever

One of the other major problems with the

17

socioeconomic analysis undertaken by the state was

18

the failure to recognize the boom and bust nature and

19

the intermittent nature of operations and to analyze

20

the socioeconomic benefits of the mill while assuming

21

that it would run 24/7 over a lifetime of 40 years,

22

despite the lessons of history that show us that

23

that's never happened and unlikely to occur again.

24
25

Another problem I think is with the


cumulative environmental analysis that's been taken.

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Adjacent to the mill site there's an open pit mine

that is exempt from all federal regulations for radon

emissions.

Department of Energy lease tracts that converge.

should the mill open, those lease tracts are likely

to become productive again.

exempt from radon emissions at the federal level.

none of these cumulative impacts have been taken into

consideration.

Directly above the mill site there's six


And

And those mines are also


So

10

Another reason why I feel that it's flawed

11

is the final construction designs for the Pinon Ridge

12

mill have not been submitted.

13

be approved later how the public is going to

14

participate in looking at those.

15

public participation aspect of it is extraordinarily

16

important because, again, I believe strongly that the

17

state must have permission of the people in order to

18

license a facility of this type.

19

I wonder if they're to

I feel that the

I think that it's often beneficial to

20

compare what happens at the other operating mills.

21

realize that there's not a requirement in the

22

Colorado Radiation Control Act that says that we

23

should take the broad view and examine the record of

24

what's going on in these other places.

25

we know that it is a very troubled mill, and the

In Canon City

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State's oversight is deeply flawed.

difficult and entrenched and fraught relationship

with the citizens of that community that have been

affected by that mill.

20 years of effort, seems to have only gotten worse

in terms of the environmental impact and impact to

people.

8
9

There is a

And the situation, despite

At the White Mesa mill in Blanding, they


had an unreported air release that sent up a dark

10

orange plume above the mill in March of this year.

11

It was several months before Energy Fuels took over

12

ownership of the facility.

13

facility has not changed.

14

whatever it was, was not reported to the state

15

authorities in Utah, and it's still under

16

investigation.

17

But the management of the


And that air release,

Since Energy Fuels did take over the White

18

Mesa mill there's been one inspection by MSHA, the

19

Mine Safety and Health Administration, that occurred

20

on August 28th of this year.

21

citations.

22

citations when it was still just the Denison mill.

23

Those citations that racked up $13,000 in fines

24

included violations of occupational laws to protect

25

the safety and health of workers including violations

That's typical.

There were nine


There were frequently

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for clean and orderly conditions, safety of high

pressure hoses, functioning of safety equipment on

mobile equipment and trucks, safety defects in

machinery, electrical conduits, electrical equipment,

and junction boxes.

Unfortunately, the pattern of letting the

small stuff go is really why we have the uranium

legacy that we have today in Colorado.

submit that the pattern seems to be repeating itself

So I would

10

and not much has changed.

I want to keep my remarks

11

brief, but just in closing I want to say that

12

unfortunately, as citizens we cannot really count on

13

enforcement of the law.

14

Colorado Department of Public Health and Environment

15

to protect us, and we can't count on a corporation

16

that's subject to a need to make a profit and is

17

pressured by the market to protect us.

18

HEARING OFFICER:

19

MS. HUSCH:

We cannot count on the

Thank you.

Sue Husch.

Thank you.

My name Sue Husch,

20

I live in Ridgway, and I own a small business there.

21

But I lived in Moab, Utah in the late 1909s.

22

learned quite a bit about uranium and uranium

23

tailings in my years in Moab.

24

tailings pile began to be deposited in the mid 1950s

25

and ended when the mill closed in 1984.

The Atlas uranium mill

After many

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years of requests, research, and planning, the

cleanup finally began in 2009.

learned about Atlas, I'm very concerned about the

Energy Fuels application.

for me are the environment and jobs.

Canada is not a local company.

to take resources, make money, and leave.

no concern about what's left behind because they

won't be here.

Because of what I've

The main areas of interest


Energy Fuels of

They will come here


They have

And they will not be available to

10

address the future health and welfare of the

11

employees who helped them make that money.

12

The current bond required of Energy Fuels

13

is a fraction of what potential cleanup costs would

14

be.

15

or, worse, shut their doors completely, leaving the

16

local ones to deal with the aftermath.

17

hazardous material is only one portion of my concern.

18

The transporting of nuclear materials affects all of

19

us in this region as the trucks pass near rivers and

20

residences through several cities and counties

21

en route to their final designations.

22

Too times we've seen these companies leave town

The leftover

Because I don't write nearly as well as a

23

songwriter, I'd like to submit the lyrics from Cosy

24

Sheridan's song written about the Atlas tailings pile

25

called "Don't Go in the Water" as part of my

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comments.

But I'd like to highlight a few lines for

you here:

"They closed the mine in this town.

made uranium.

the river bends.

Now the Colorado curves in a

poisonous smile.

Don't go in the water down below

the pile."

It

They left the tailings in a pile where

It goes to say:

"Take a big, long drink

of this acceptable risk.

bottom line of their cost analysis.

It costs too

10

much to clean, too much to move it.

It's somebody's

11

fault, but it costs too much to prove it.

12

cover it up, hope it goes away in a while with the

13

water down below the pile."

14

You're down below the

So we'll

As we see currently in our local area,

15

these tailings do not go away.

16

with safely and permanently by skilled workers under

17

strict conditions as airborne and water borne

18

particles can be more dangerous than leaving

19

materials in place.

20

They must be dealt

I understand that more than 100 well

21

paying jobs could be created by putting local

22

residents to work cleaning up the existing nuclear

23

waste in this area.

24

erect solar farms, even more clean, permanent energy

25

jobs will be created, and more unpolluted land can be

If reclaimed land can be used to

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saved for other uses.

To me these options would be

much more of an investment in our collective future,

as well as allowing the creation of private industry

jobs, than making more waste.

legacy of productive farmland, beautiful, scenic

areas, clean water and clean air.

comfortable with telling the kids and grandkids of

this region it's their responsibility to figure out

how to clean up the tailings, that it's up to them to

I hope to leave a

I am not

10

assume the health risks, whether stored or moved, of

11

these wastes, and that they must pay for it all, too.

12

Please deny Energy Fuels' application.

13

They and we all, including CDPHE, must have better

14

plans in place before anything like this is allowed

15

to move forward.

16

attention during this important process.

17
18

Thank you so much for your time and

HEARING OFFICER:

What's your

first name, Mr. Rogers?

19

MR. ROGERS:

20

HEARING OFFICER:

21

Mr. Rogers.

Don.
I'm just having a little

trouble with your handwriting.

22

MR. ROGERS:

Good morning, Your Honor and

23

everyone.

Thanks for listening and considering

24

everyone's comments here today.

25

by saying I'm really aware of the need for jobs in

I want to start off

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this area.

And there's a lot of expertise in the

uranium industry here so my hope would be that jobs

could be created in the remediation area rather than

creating more toxic waste to be dealt with down the

line.

reasons.

proposed mill is the almost certain toxic effects of

any uranium mill on the water supply.

water that will be required to operate the mill.

And I oppose the Pinon Ridge mill for several

10

Among the many concerns I have about this

First, the

According to the hydrogeologic report from

11

Golder Associates in 2009, the mill will require

12

144 gallons per minute to sustain operations,

13

including 3 gallons a minute of potable water.

14

only water sources available in the immediate area

15

are the Chinle-Moenkopi aquifer underlying the site

16

and the San Miguel River near Naturita.

17

Golder Associates has stated the on-site aquifer is

18

estimated to be capable of delivering 100 to

19

175 gallons per minute sustainability, this estimate

20

appears really overly optimistic due to the low

21

recharge of this aquifer.

22

reasons why that recharge is low, and I think you

23

probably have seen that information so I won't go

24

into that.

25

The

Although

And there's some technical

It appears that Energy Fuels and their

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contractor, Golder Associates, have not adequately

addressed questions of the water supply over the

proposed 40-year life of the mill.

unreasonable to assume that due to the low recharge

rate, this aquifer will provide only a fraction of

the nonpotable water requirement for the mill.

this is the case, more water will be needed to be

obtained than the proposed 104 gallons per minute

contingency water supply from the San Miguel River

It's not

If

10

at Naturita.

11

become problematic, especially in times of drought

12

conditions, and of course considering senior water

13

rights on the Naturita.

14

worried about how things would be cleaned up when the

15

water supply got tight.

16

Obtaining this necessary water may

And that would lead us to be

And then second is the contamination to

17

the water due to the mill operations.

18

course, is 6 or 7 miles from the Delores River, and

19

the Delores River base is just a treasured landscape

20

in Western Colorado.

21

this area, and no sane person would risk

22

contaminating this treasure forever with a high risk

23

scheme to make some money.

24

you didn't live here.

25

The mill, of

It would be criminal to pollute

You would only do that if

Undeniably, contaminated shallow

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groundwater is a common occurrence at mill sites.

Even if tailings impoundments and evaporation ponds

are lined.

fact in their proposal, and they have not designed

any site-wide leak detection and confinement systems.

Based on the history of other mill sites, containment

leaking and releases are a certainty at this mill.

Also, we still don't know the design of

Energy Fuels has not acknowledged this

the tailings containments at this mill, and the CDPHE

10

is apparently willing to permit the mill without this

11

information.

12

to be faulty, as many of the existing cells are, the

13

DOE will not take title to these materials, and the

14

maintenance responsibilities and all the costs

15

associated with them will translate by title to the

16

State of Colorado, meaning the taxpayers of this

17

state would be paying for the cleanup.

18

fairly certain ending for this.

19

It is likely that if the designs prove

This is a

And I'm also greatly concerned that any

20

groundwater contamination from the proposed tailings

21

piles will eventually flow to the Delores and

22

Colorado Rivers.

23

contaminate drinking water downstream essentially

24

forever.

25

bring to the State of Colorado, but I would assume

And this, of course, will

And I don't know what lawsuits that might

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many.

both in Colorado and that are neighbors across the

border downstream forever.

And, of course, this will affect the people

And so I think this is a badly planned

mill, with a faultily assessed licensing process, and

I would urge you to not just ask for changes but to

deny the operation of the mill at all.

HEARING OFFICER:

MS. KEMPER:

Thank you.

Katie Kemper.

My name is Katie Kemper.

10

Today I am going to read into the record a letter

11

that my life partner, Robyn Cascade, wrote.

12

says, I am a resident and homeowner in Ridgway,

13

Colorado located west of the proposed Pinon Ridge

14

uranium mill.

15

negative impact to human health and the natural

16

environment if this project is approved.

17

data shows that water and soils in the vicinity of

18

uranium development in the West End and in Canon City

19

are contaminated.

20

the Bull Canyon Mines southwest of Naturita continue

21

to release hazardous materials.

22

already contaminated due to these operations, and the

23

Bull Canyon Mine is currently in violation of state

24

and federal clean water standards.

25

And she

I am deeply concerned about the likely

Scientific

Both the Uravan Superfund site and

The Delores River is

The Cotter uranium mill Superfund site is

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yet another example of poor management of hazardous

waste and an inadequate cleanup process.

date, taxpayers have already paid over $1.1 billion

attempting to clean up uranium mills in Colorado.

am unequivocally opposed to new uranium development

when the record of current and past operations is so

dismal and distressing.

To this

Furthermore, the CDPHE's approach to

regulating and monitoring these mining and mill

10

operations has been totally inadequate.

11

new facilities when corporations, owners, and

12

regulatory agencies have yet to clean up the existing

13

polluted sites or determine ways to operate that

14

ensure protection of natural resources and human

15

health?

16

aware of the wind patterns in our mountains.

17

winter and spring we see the red rock dust from the

18

west descend on our snowcapped peaks.

19

observations are supported by scientific evidence.

20

Any airborne hazardous particles from Pinon Ridge

21

mill -- and there will be some -- will travel with

22

these winds and deposit hazardous particulate matter

23

in our mountains whose water and snow melt is our

24

source of drinking water.

25

Why license

Those of us who live in this region are well


Every

Our

I moved to this region in the second

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half-century of my life because of the healthy

environment and natural beauty.

concerned about the possible effects of the Pinon

Ridge mill on our region's potable waters and the

waters that irrigate our farms and support our

ecosystems.

health and the health of our natural resources be

jeopardized for the extraction and processing of a

product that has marginal economic advantage in a

I am gravely

It is not acceptable to me that human

10

region that has prospered from local businesses and

11

industries promoting recreation, tourism,

12

sustainability, and local economies.

13

Judge Dana, there are so many more

14

arguments against licensing Pinon Ridge mill, among

15

them the transportation of hazardous materials to and

16

from the mill such as sulfuric acid and uranium ore

17

and yellowcake; the risk of Pinon Ridge accepting

18

radioactive waste from other sites since the

19

prohibition of this activity expires in 2014 and

20

since history of such operations has proven that

21

uranium mills are not profitable unless they process

22

alternate feed material; the excessive use of

23

300 gallons of water per minute from the Delores

24

River to process ore when our western region has been

25

suffering from extreme drought and extensive

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wildfires; and the proposed 80 acres of tailings and

evaporation ponds that will remain radioactive for

800,000 years and be separated from the environment

by two thin layers of plastic that history has proven

are insufficient methods of containment over time.

Every mill that has operated in Colorado

has a documented record of contamination, and state

regulators have failed in every instance to prevent

or remedy it.

The real and proven legacy of uranium

10

is one of human devastation, environmental

11

contamination, and economic collapse.

12

Western Slope know we have better alternatives for

13

our land, water, and communities.

14

everything within your authority to stop the process

15

that would lead to the licensing of the Pinon Ridge

16

mill.

17

service.

We on the

I urge you to do

Thank you so much for your consideration and


Respectfully, Robyn Cascade.

18

HEARING OFFICER:

19

MR. McKENNER:

Tom McKenner.

Good morning, Your Honor.

20

I appreciate this opportunity.

21

job.

22

HEARING OFFICER:

23

MR. McKENNER:

I wish I had your

So do I.

I'd like to talk to you

24

this morning about the logic that eludes me.

And

25

this has nothing to do with my written statement.

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This is just one single part of that written

statement.

concepts with a conclusion.

is risk analysis.

length of the potential risk.

have a very serious risk, they usually talk in terms

of, well, what are the potential problems in

100 years, in 100-year occurrences.

turns out that uranium has a life of approximately

I'm going to couch this in three separate


The number one concept

Risk analysis should cover the


When society and man

Well, it just so

10

800,000 years, which a little math will tell you

11

means that there are 8,000 100-year risks to look at.

12

And I'm not sure when we start looking at uranium

13

like any other metal, base metals, gold, silver,

14

zinc, lead, other things that we deal with, it's not

15

the same animal.

16

Number two is arc of devastation.

Arc of

17

devastation is the amount of land that's disturbed.

18

And I'd like to just list a sliver of that arc of

19

devastation.

20

Cotter Corporation; Moab and Mexican Hat, Atlas

21

Metals; Durango, Vanadium Corporation; Lay and May

22

Bell, Union Carbide, Shattuck in Denver.

23

just milling and -- milling things that are the

24

result of milling operations.

25

hundreds -- it might be thousands, but I know

Uravan, Union Carbide; Canon City,

These are

This is not to mention

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hundreds is true -- hundreds of mines.

a small snapshot of our historic footprint.

This is just

Number three is the advancement in

technology.

Technology is making current best

practices obsolete in almost every science and

industry today.

faster and faster.

application is three years old right now.

idea when, if this application is going to be acted

And as time moves on, this becomes


Changes are rapid.

This permit
I have no

10

upon, a mill is going to be built.

11

assuming it might be several years from now -- you

12

know, technology has changed in the past three years.

13

And I promise you that we, as logical people, have to

14

admit that in three, five, seven years, 10 years,

15

whatever it is, it's going to go farther yet.

16

think that we like the mill designed and based on the

17

best practices and the highest technology of the time

18

that this mill is actually built and started to be

19

operating.

20

You know,

And finally, the logic that eludes me.

21

There is no indication that this mill is needed.

22

demand is down.

23

It is not at capacity.

24

practices nor any state of the art.

25

the application be denied until four things happen:

The price is down.

The

We have a mill.

It is not being run by best


I am asking that

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Number one, until adequate alternatives have been

looked at, which I do not believe is in the

application.

should be considered until White Mesa is running at

capacity and in a state-of-the-art and best practices

manner.

I don't think that the application

That's number two.

Number three, I think we need to wait

until we know who exactly is making the application

for this.

Three years ago -- I don't think that the

10

company that is here today is the same company that

11

was here three years ago.

12

as a member of the public, who -- is it Energy Fuels,

13

Denison International Uranium, Energy Fuels

14

Incorporated, Energy Fuels Resources?

15

to me, and I think that before this application would

16

even be considered that we should know who it is and

17

what the corporate structure is.

18

And I'm totally confused,

It's not clear

And the other final thing is I ask that

19

this application be denied and not considered until

20

it's ready to be built and we know what that state of

21

the art is.

22

Thank you.
HEARING OFFICER:

Just so you-all

23

understand, it's much easier for the court reporter

24

if she has your written comments to then go back and

25

try to make sure she got down what you said orally

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correctly.

Marvin Ballantyne.

MR. BALLANTYNE:

You already have a copy

of my written report, and I have a copy that's much

bigger print.

Montrose.

time to speak here today.

of jobs in the Nucla/Naturita area, but there have

been no uranium milling jobs and few mining jobs here

My name is Marv Ballantyne.

I'm from

And thank you, Judge Dana, for allowing us


I am sensitive to the lack

10

since about 1980.

11

reclamation, and there's more opportunity in that

12

area.

13

mining or milling jobs because it may never come.

14

There have been jobs in

But people should not hold out for uranium

According to experts and as stated by

15

Energy Fuels, the market for uranium is too low for a

16

mill to be profitable at this time.

17

the future looks like demand for uranium may even go

18

lower.

19

this continent and in the United States where higher

20

grade uranium deposits are available and can be mined

21

and milled at a much lower cost than here.

22

uranium for power plants can be replaced by thorium,

23

which is much less dangerous, not to mention solar

24

power and wind power.

25

The outlook for

And there are other places in the world on

Paradox is a beautiful place.

Also,

I think I'm

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missing a page here.

is the wrong place for a uranium mill.

is available.

by narrow highways, winding along streams and rivers.

The highways here have a high rate of accidents for

the amount of traffic, and risk of contamination in

waterways is high not only for yellowcake but also

for acids and other chemicals which would be trucked

here.

10

Here it is.

The Paradox Valley


No railroad

The Pinon Ridge site would be accessed

Paradox is a beautiful place which would

11

be intolerably degraded by a uranium mill.

12

mill may bring a few permanent jobs but no stable

13

jobs to the area, the mill would damage opportunities

14

for a growing tourism, recreation, and agricultural

15

economy that now exists.

16

mill could severely damage property values in the

17

region.

18

could pollute air, water, and soil for dozens of

19

miles, contaminating the Ophir, Telluride, Ridgway,

20

and Montrose areas.

21

While the

The stigma of a uranium

Dust from spills and from normal operations

I attended hearings in Montrose where the

22

county was asked for a special use permit to allow

23

the mill as industrial use in agricultural zoning.

24

Many of us were extremely aggrieved that the special

25

use permit was approved, but we were somewhat

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appeased when several conditions were applied to the

permit.

your attention to three in particular.

No. 7, which is on Page 3 of the document, states

that the permit should become null and void if

processing of ore has not commenced within seven

years of the county commissioner approval.

would be September 30, 2016, which is less than four

years from today.

Among the 19 conditions I would like to draw

10

Condition

That

Since Energy Fuels has stated that they

11

are closing some mines in the area and will use the

12

White Mesa mill instead and they have announced that

13

they will not start construction on the Pinon Ridge

14

mill until the uranium market improves, it appears

15

that the September 2016 deadline for production is

16

unlikely to be met.

17

be new federal regulations in place including new EPA

18

regulations for air quality which are now being

19

determined.

20

should be denied so that when and if built, the mill

21

would at least be confirming to regulations current

22

at the time of construction.

23

By that time there will likely

Therefore, this permit application

Condition No. 10 requires that only raw,

24

unprocessed ore may be processed at the mill and that

25

no other feedstock or waste shall be processed or

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disposed of at the facility.

Mr. Tarlton of the CDPHE has already suggested that

the state would like to invite Energy Fuels to

process alternate feedstocks, especially, quote,

water treatment residues at the mill.

an affront to Montrose County citizens who are

relying on the conditions imposed by their county

board of commissioners.

should be upheld.

10

I understand that

This would be

The raw ore requirement

Condition No. 18 limits processing of ore

11

to 500 tons per day on an annual average.

12

application and statements by Montrose county

13

commissioners have suggested near-term plans to

14

increase production to a thousand tons a day.

15

believe the facility design is intended to allow

16

production at a rate much higher than 500 tons on a

17

single day.

18

nature of the plant by allowing higher daily

19

production when uranium prices are relatively high,

20

then shutting down as prices decline, while

21

maintaining an average daily rate of 500 tons per

22

day.

23

to allow production of only 500 tons on any given

24

day, not an annual average.

25

The permit

And I

That would exacerbate the boom/bust

The CDPHE should limit the design of the plant

I think one of the most important reasons

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for denying the permit at this time is that the mill

is very unlikely to be built in the near future.

think the only reason Energy Fuels is pursuing the

permit now is to enhance their corporate stock and

possibly to extend the life of their own jobs as

promotors.

uranium mill continues to detract from economic

drivers in the region and diminishes the value of

living here.

If the permit is issued, the stigma of a

It also erroneously encourages

10

residents of the Nucla/Naturita area to wait around

11

for a job related to mining or milling.

12

Something that aggravates me immensely is

13

that in anticipation of the mill, Montrose county

14

commissioners have already spent over $1,100,000 of

15

taxpayer money to obtain conditional water rights.

16

According to their statements, the water rights will

17

be used to provide for as much as a thousand tons per

18

day processing at the Pinon Ridge mill and something

19

like 4,000 tons in other mills, plus allowing for

20

other commercial, industrial, and population growth

21

in the area which they think would be sure to follow.

22

One final thing that I must say is that I

23

am dismayed by the process in which the CDPHE

24

considers and improves applications such as this.

25

The state employees work side by side with the

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applicant -- in this case, I believe for a few

years -- until they work out a permit application

they think they can defend.

relationship that developed over time, it is probably

human nature to become friends with employees of

Energy Fuels.

process of permit approval.

along through the process to construction and

operation actually would help ensure employment of

Because of the

Then a favorable bias sneaks into the


Also, moving a permit

10

the very people who have the obligation to deny

11

inadequate or inappropriate permitting.

12

HEARING OFFICER:

13

MS. PARKER:

Jennifer Parker.

My name is Jennifer Parker,

14

and I'm a full-time resident of Ridgway, Colorado.

15

appreciate the opportunity to speak to you today,

16

Judge, and I also appreciate the remarks of those who

17

have come before me, as they make it possible to make

18

my remarks briefer.

19

application is inadequate.

20

importance of this mill and its jobs to many people

21

here.

22

mission statement of the CDPHE is to protect and

23

preserve the health and environment of the state and

24

the people of Colorado.

25

the threats to our health, the environment, and the

I believe that the Energy Fuels


I understand the

I respect that need, but I also know that the

I do not believe that all of

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concern for our safety have been fully addressed by

the CDPHE.

Of further concern to me is the cost of

cleanup, should this mill fail.

It is my

understanding that as long go as 1974, according to

the Nuclear Regulation Commission, that the average

cost of cleanup of a uranium operation was

$143 million.

this mill set at 11 million and later amended to

With a bond to cover the mitigation of

10

15 million, I can only say this makes no sense to me.

11

I strongly urge that you recommend that this

12

application be denied.

13

already.

14
15

And you have my letter

HEARING OFFICER:

Okay.

I have it in the

Okay.

So for the

written comments, don't I?

16

MS. PARKER:

Yes.

17

HEARING OFFICER:

18

benefit of counsel, I have a number of written

19

comments I've received over time from a number of the

20

people who have either previously or anticipate

21

giving me oral comments.

22

I get it finished.

23

Lois Dunn.

24

MS. DUNN:

25

everyone here.

And you can get those when

Good morning, Judge, and

Thank you for holding this hearing in

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Western Colorado.

opportunities for public input in the last few years.

I respectfully ask that you review yet again the

findings of the Colorado Department of Public Health

and Environment.

Energy Fuels throughout the process to assure an

updated, safe project that does not harm air, water,

or quality of life in Colorado.

Valley assures no groundwater will be harmed.

10

There have been a number of

This department worked closely with

This site in Paradox

The process Energy Fuels seeks to use is a

11

far and distant change from the milling of the '50s

12

and '60s.

13

great strides have been made in technology and

14

safety.

15

citizens and not harming the environment.

16

As in every area in the United States,

Great stress is placed on not harming

Energy Fuels has agreed to a $15 million

17

bond for the final cleanup of Pinon Ridge mill.

18

There can be no comparison of this updated technology

19

to that of the past that caused the cost of cleanup

20

of mill tailings and waste in Western Colorado and

21

Eastern Utah.

22

the groundwater, the rivers, and soils.

23

plus sealing techniques, are much greater.

24
25

There won't be seepage of waste into


Awareness,

The Pinon Ridge mill will soon be


economical when the USA's supplies of uranium from

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Russia are no longer available.

With 20 percent of

our energy from nuclear plants, we will soon find the

need for a domestic supply.

new nuclear plants coming online in the United

States.

4 tons per year, while the demand is for 50 tons per

year.

cleanest and most reasonable source of power.

in litigation for years before allowing a mill or

There are currently four

Our production from one domestic mill is now

Once a nuclear plant is online, it is the


Being

10

nuclear plant to be built is a huge driver in making

11

the cost astronomical.

12

From Western Colorado we look forward to

13

the approximate 85 jobs at the mill, two to three

14

hundred jobs in mining, and even more during the

15

construction period.

16

is in early development.

17

most of the unwanted material from uranium.

18

process is done with water and sands.

19

other chemicals are needed.

20

of low grade materials and makes the entire milling

21

process much more economical, plus much less material

22

to transport to mills.

23

A new process called ablation


This process will remove
The

No acid or

This enables processing

We hear the words biodiversity with

24

respect to quality of life for people.

25

respectfully submit that jobs and the economy for a

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clean, well planned energy source is also quality of

life for us all.

live and work in the Grand Junction area, and I ask

that you consider the permit to be reinstated.

you.

I'm a native of Western Colorado, I

HEARING OFFICER:

MR. QUADE:

Thank

Wayne Quade.

I just have a few comments I

might like to add, just for the record.

I've just

got a few notes here for your consideration.

The

10

main concerns that I might bring up are that we

11

use -- revolve around best practices and ecosystem

12

shift.

13

sure that they're continually updated and not locked

14

in by past requirements, so if we could get some

15

language that requires it to be updated regularly to

16

include the best current practices.

17

In regard to best practices, we want to make

And then as far as ecosystem shift, I have

18

a concern, that being how water availability is

19

always going to be a big problem.

20

changes and starts shifting northerly, this is going

21

to be more and more of a dry area, and water will

22

continually be a problem.

23

too, as things dry up in states like Texas and

24

California, more folks probably will be moving to

25

where there's -- up to this area, and water will

As ecosystem shift

And maybe related to that,

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continually be a further problem.

And then also I have a concern with more

winds due to climate change.

As climate changes,

we're seeing more dynamics in the atmosphere, and

we're going to see more effects of wind.

could have a -- that should be a consideration.

then also the law of thermodynamics -- and this is

down the road -- requires that -- it states that any

energy released adds to the global warming.

And that
And

And so

10

that's where we need to work, with natural systems,

11

rather than releasing energy that's already locked

12

up.

Thanks.

13

HEARING OFFICER:

14

MS. SJOBERG:

Karen Sjoberg.

I have been following the

15

development of the proposed Pinon Ridge uranium mill

16

for four years now, I think.

17

factors the project presents, I urge you, Judge Dana,

18

to recommend that CDPHE deny Energy Fuels'

19

application.

20

currently reside in Grand Junction.

21

state, and part of the reason I'm here is because I

22

care for the future of this beautiful place.

23

watched as communities argued and fought over water

24

use and preservation issues.

25

drought brought home just how precious this resource

Based on the high risk

I've lived in Colorado all my life and


I love the

I've

This past year's

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is to our lives.

My understanding is that Energy Fuels has

not properly addressed pressing questions about

whether there is enough water to both process uranium

and keep the dust from tailings piles in check from

the communities downwind.

future rainwater amounts, it seems intrinsically

wrong to me that vast amounts of water are being

proposed for use at the proposed mill unless we can

Since we cannot predict

10

receive an absolute guarantee that there will be

11

enough clean, safe drinking water for us and for our

12

children.

13

Only a denial of Energy Fuels' license is

14

in the interest of public safety, which should be the

15

foremost consideration in a department that's name

16

indicates public safety and environment as its

17

primary objective.

18

questions being raised surrounding the mill.

19

scientists and experts in the field are seriously

20

questioning the regulatory procedures regarding the

21

licensing of this mill, how can the CDPHE go forward?

22

Why did the CDPHE deem a public hearing was not

23

necessary in the first place, when this is a required

24

procedure?

25

utmost regard for public input as they consider the

Water is just one of the many


If

I believe the CDPHE ought to have the

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application of a project that will for thousands of

years leave its mark on our irreplaceable water,

land, air, human health, and wildlife.

HEARING OFFICER:

MR. ROBERTS:

Thank you.

Bob Roberts.

Your Honor, ladies and

gentlemen, thank you.

This refers to some of the

stuff that happened on Saturday.

question about retention ponds that goes into water

usage, aquifers, et cetera.

There was a

Now, a retention pond --

10

the subject came up about it being an environment.

11

It's a man-made environment.

12

according to CDPHE regs, et cetera, as to how it was

13

built, how it was created, how it was maintained.

14

It's not a naturally occurring thing.

15

pond would also be used as a portion of the milling

16

process, which means there wouldn't be as much raw

17

water being brought up from the aquifer, from the

18

rivers, and it would be reprocessed on a regular

19

basis.

20

coming back into the system.

21

It would be regulated

The retention

There would be a minimal amount of water

Let's see.

As far as the negative effects

22

of any radiation or exposure, it's a given fact that

23

radiation, except in certain instances, requires

24

long-term exposure for health effects.

25

radioactive contamination present naturally

There is

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everywhere in Colorado water at one level or another.

So it doesn't matter where you live.

get some.

in particular, has given Energy Fuels enough

information on how to protect that resource from

being contaminated.

when it leaves the plant.

8
9

You're going to

And I think that Energy Fuels and history,

They'll make sure it's clean

Now, the safety issues, I would assume


that all the safety requirements as indicated by law

10

have been met in the permitting process by Energy

11

Fuels.

12

gotten this far.

13

Otherwise, the permit wouldn't have even

I personally feel there's been a little

14

bit too many segues into politically motivated issues

15

as far as the comments have been so far.

16

come here from all over the area, all over

17

Southwestern Colorado to speak out against this mill.

18

And in the majority of cases, it doesn't have any

19

direct impact on them.

20

here that are going to feel the impact.

21

we do understand, that yes, this is a boom/bust type

22

of enterprise.

23

three months or it could be in 18 months that this

24

mill begins construction.

25

We're not here waiting for the mill.

People have

It's the people that live


We do agree,

We also realize that it could be in

We are willing to wait.


We're not stuck

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here, hoping that the mill's going to start so that

we can have jobs.

We work.

We love the area.

That's why

we're here.

We trust Energy Fuels to maintain the

safety and health standards that have been imposed

upon them by the EPA, by CDPHE, by the Department of

Energy, by the people in the area that say, you know,

we really want this, but we don't want to end up like

we did in the past.

We don't want people getting

10

sick because of this.

11

against it if we felt that Energy Fuels was not

12

complying with standards and updating safety

13

regulations on a regular basis.

14

And I think we'd be more

Now, evolving safety considerations --

15

there have to be evolving safety considerations as

16

time goes on and new information is gathered on how

17

to more adequately maintain safety.

18

the EPA, there was discussion just a minute ago about

19

the 100-year plan on safety for the uranium tailings

20

piles or for the processing or for just the health of

21

the land.

22

1,000-year plan, which I'm sure none of us are going

23

to be here to see the end of.

24

history, not personal feelings, but actual scientific

25

study.

For instance,

It's my understanding that EPA has a

But this is based on

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There's been a whole lot of discussion

about how there's a history of bad things happening

with uranium mills throughout the state, throughout

the country, throughout the world, whatever.

point is, we learn from history.

study history are doomed to repeat it, period.

isn't it logical that they would take all of the bad

things that happened and ask, how do we prevent that

from happening again?

The

Those who do not


So

10

There was a statement made about various

11

areas surrounding the mill site being exempted from

12

federal regulations.

13

They've been exempted from federal regulations, which

14

means the state has recourse.

15

can go in and say, No, you can't do that.

16

where CDPHE comes in, and I'm sure that they have

17

looked into it.

18

There's some specificity there.

They are the ones that


That's

A statement was made about a marginal

19

economical advantage of having uranium processing

20

here.

21

the radioactive ore processing are used in all kinds

22

of -- for instance, medical purposes such as radio

23

imaging, x-rays, MRIs, et cetera.

24

radioactive isotopes in cancer treatment.

25

all the peripheral jobs this one mill will create.

Uranium and various radioactive isotopes from

They use
Think of

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They're not going to end up just having uranium ore.

They're not going to end up just having yellowcake.

I'm sure there's a market for some of the other

materials that are gained through the processing.

I'd also like to know -- although it's

really not my right to ask -- how many of the people

present that are actually giving these statements

have a background or are professionals or experts in

milling of any type.

How many are experts in

10

processing anything requiring milling of this type?

11

All this is opinion.

12

on the Internet, what people tell you.

You need to

13

investigate this as widely as possible.

Don't just

14

take what you read or what you hear at face value.

15

Talk to Energy Fuels.

16

them, What are you doing.

17

doing.

18

It's all based on what you find

Talk to them in person.

Ask

Ask CDPHE, What are you

Don't just go on hearsay.


A question came up about clean energy,

19

wind farms, solar farms, et cetera, et cetera.

Yes,

20

those are clean energy.

21

Nuclear energy is economical because it takes less

22

fuel to create more energy in a contained

23

environment.

24

the area again.

25

to shoot down the mill saying it's not going to

No, they're not economical.

There was a discussion of jobs, work in


Everybody's coming here and trying

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create enough jobs, it's going to destroy the

environment.

or anybody from their area bringing anything into

this community, Nucla or Naturita, making

investments, bringing in businesses, coming down and

talking to people and saying, Hey, let us help you

create an industry.

8
9

I have yet to see any of the folks here

I see folks coming down here and


complaining about this, how it's going to destroy the

10

environment.

11

people in this room live in communities that ship

12

their trash to a site about eight miles from us.

13

community in particular sends the solid waste from

14

their sewage, for lack of better words, out to a

15

location just north of us to spread out on the

16

ground.

17

That seems a little bit more toxic than some dirt out

18

of the ground, guys.

19

And yet a large percentage of the

One

I don't hear any complaints about that.

The dump out there, that's not all going

20

to go away in under a hundred years.

A lot of it's

21

not going to go away in a thousand years.

22

what.

23

start here to begin with.

24

about polluting the environment, why don't you figure

25

out a better way for you guys to get rid of your

And guess

It's going to keep on growing, and it didn't


So if you want to complain

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trash and sewage than dumping it on us.

I appreciate everybody's opinions,

everybody's comments.

believe in free enterprise.

one way to help this community prosper.

the past, and it will in the future.

the safety considerations that have been brought up

by CDPHE by history are what is going to control

Energy Fuels in the future as far as how they run

10

their mill.

11

statement, Your Honor.

12

gentlemen.

I do support the mill.

I believe that this is


It did in

I believe that

And I guess that's going to end my


Thank you, ladies and

Have a good day.

13

HEARING OFFICER:

14

MS. BAIR:

Betsy Bair.

Thanks, Your Honor.

I'm Betsy

15

Bair.

16

Commerce.

17

with the chamber, and 80 percent of them are small

18

employers, with 10 employees or less.

19

is a cross representation of our membership, and they

20

have created a resolution in support of the Pinon

21

Ridge mill.

22

reasons.

23

constraints today.

24
25

I'm with the Grand Junction Area Chamber of


We have about a thousand business members

And our board

And they've done that for quite a few

I'm only going to highlight a few for time

Our board understands that worldwide


demand for uranium is expected to rise quickly as

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countries around the world construct facilities that

will produce clean, low-carbon, nuclear energy.

Currently 20 percent of the United States' energy

comes nuclear energy.

clean, base-load fuels, and so we need to look at

those as we move forward.

are in various stages of planning and permitting

currently in the U.S.

valuable deposits of uranium ore, but there are few

And we have a demand for

Several new U.S. reactors

Mesa County contains large,

10

uranium facilities where this ore can now be

11

processed.

12

stringent federal, state, and local regulations

13

ensure that uranium mining, processing, and

14

transportation can occur without causing any

15

detrimental impact to mill workers, members of the

16

public, or the environment, including water, air, and

17

wildlife.

18

Part of that modern technology and

And further, we have 9 percent

19

unemployment in Western Colorado right now.

That's

20

huge.

21

will produce a number of important direct and

22

indirect economic benefits for Grand Junction, Mesa

23

County, and the Western Slope, including business

24

development, substantial new sources of local and

25

state tax revenues, job creation, including many high

A renewed uranium industry in Western Colorado

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salaries, direct careers with benefits.

that about a thousand jobs will come to the Western

Slope if the Pinon Ridge mill is approved; not just

local jobs, but secondary jobs, as well.

has a great financial impact and economic benefit for

our region.

We estimate

And that

We keep hearing that jobs are not that

important.

Current best practices show that this can

be done in a manner that shows that Energy Fuels are

10

good stewards over the land.

But these jobs are just

11

so important to our region, and the economic benefit

12

is tenfold.

13

and be generated in our local economy.

14

that you look at all of those reasons to approve the

15

mill.

16

comments, but you're welcome to my notes if you'd

17

like them.

For every $1 that comes, $3 will stay


And we ask

We have comments that we've submitted, written

Thanks for allowing us to be here.

18

HEARING OFFICER:

19

MS. JOHNSON:

Janet Johnson.

Thank you, Your Honor.

20

deeply appreciate the opportunity to be here.

It's a

21

wonderful opportunity and a rare opportunity when the

22

public really has -- the stakeholders really have a

23

chance to come together and work with this issue.

24

The proposed Pinon Ridge uranium mill

25

could easily harm our water, our air, our lands.

And

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our quality of life that's developed regionally since

the last uranium bust 35 years ago.

Coloradan has the right and the responsibility to

protect all of our critical resources.

that my perceptions about the proposal are based on a

layperson's lived experience with the uranium

industry and a common sense approach.

Grand Junction, Colorado during what we call the

uranium boom, but really it was a government

I feel every

I will admit

I grew up in

10

procurement program, likely never to be repeated

11

again.

12

The price of uranium was fixed by the

13

government's need for uranium for the Cold War

14

effort.

15

not a market commodity at that time.

16

as we found of the Cold War driven uranium

17

procurement program and the subsequent bust has been

18

one of human devastation, serious radioactive

19

environmental contamination, economic collapse, and

20

continued public financial responsibility for a

21

deadly industry.

22

growing up in Grand Junction, I attended schools that

23

had uranium tailings in the schools.

24

from Grand Junction High School when they were taking

25

the tailings out from under the high school.

Even as a child, I understood that.

It was

The real legacy

I will admit that when I was

I graduated

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Subsequently I learned to put the puzzle

pieces together.

We all have from our class.

By the

time of our tenth reunion, we had classmates with

children born with leukemia who were dead by that

time, classmates with children born with birth

defects.

Junction, but the parents had lived there.

admit also that my brother worked three summers on

John Brown Mesa at the mine.

These children were not born in Grand


I will

He was supposed to be a

10

gofer, but these were summers between law school.

11

And he died when he was 53 years old of an illness

12

that would be compensated through the RECA

13

compensation, were he alive today.

14

In the past we saw the former mills on the

15

Uravan Mineral Belt destroyed and buried, but the

16

soils were not completely reclaimed for unrestricted

17

use as described in Section 18.8.6 of the rules and

18

regulations pertaining to radiation control of the

19

CDPHE.

20

placed on a 100-year natural attenuation plan.

21

reclamation efforts at the mills cost Colorado

22

taxpayers over $1 billion, and they were really just

23

base costs.

24

continuous to the present, and they promise to remain

25

with us into the future.

The waters at each site were not cleaned but


The

Because as we knows, these costs are

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Most of the uranium mill owners completely

defaulted.

$86 million to reclaim, and the soils are still

dangerously hot.

monitoring report, there are radioactive water

emissions into the San Miguel River.

Junction uranium mill was also a complete default

costing taxpayers $504 million to reclaim, and the

waters were not cleaned at that site.

10

The Naturita mill cost the taxpayers.

And also, according to the DOE

The Grand

The uranium bust following the end of the

11

procurement program and brief financial boom and bust

12

in the early 1980s has left some areas in the region

13

broken economically, while other towns have been able

14

to recover and move on mainly because of radioactive

15

reclamation efforts and diversification in their

16

economies.

17

present as we see massive amounts of waste either at

18

the 1,300 unremediated mine sites on the Uravan

19

Mineral Belt, at our former mill sites, and in our

20

radioactive storage sites.

21

contaminated as the DOE is now experimenting with

22

methods for cleanup rather than the natural

23

attenuation that has failed.

24
25

Our uranium past in many ways is our

Our waters are

We're witnessing at present the gross


inadequacies in the industry and regulatory agencies

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at the Cotter mill closure in Canon City.

seen patterns of illness in towns line Monticello and

towns like Uravan that no longer exist, including

many cancer patients in our former uranium mill,

mine, and transport workers.

passed billboards this morning when we left town and

we see newspaper advertisements asking for folks to

come forward to see if they qualify for help.

We have

In Grand Junction we

Killian and Davis in Grand Junction, which

10

is probably one of the most notable firms helping

11

folks receive compensation, has a list of 1,000

12

claimants on their books right now, and it's growing

13

continuously.

14

qualified for the RECA compensation, and now many

15

others are receiving another compensation program for

16

nuclear reactor workers and other types of radiation

17

exposures.

18

also continue to mount as more people are making

19

claims.

20

Many of these pre 1971 folks are

The taxpayer costs on these programs will

We ache for the folks in this region who

21

would again work in the uranium industry just because

22

there has not been enough economic development to

23

build sustainable income opportunities for them.

24

costs for all those impacts keep mounting, and they

25

are borne by the public sector and not the companies

The

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that long ago were protected by the Price Anderson

Act and allowed to move on.

Another perplexing situation to the public

is that in some areas the soils like at Uravan, the

Uravan site, Umetco is now trying to decommission

that site and finish up their decommissioning.

soils there in some places have been found to be very

hot.

by the NRC so they asked the NRC for a variance to

The

They would not meet the lower standard created

10

that standard, an alternate to that standard,

11

increasing the standard so they could go ahead and

12

close their project with some bonding money saved to

13

them.

14

state of Colorado to the DOE.

15

and all of us that that's not a real protection to

16

the environment or a long-term solution to the

17

problem.

18

And then the site will be turned over by the


Common sense tells me

There is a stigma surrounding our web of

19

radioactive mill, mine, and waste sites that's a

20

reality to the folks in Colorado.

21

not only is it a perception, but it's an actual

22

physical danger and an economic deal breaker.

23

Grand Junction it is still possible to purchase a

24

home with mill tailings, unaware of the danger unless

25

your Realtor decides to disclose.

We understand that

In

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Two years ago there was a case in Grand

Junction where a family had moved in, had no idea of

the uranium industry there, discovered later, as the

woman was taking a real estate course, that their

home, indeed, had tailings that had not been

remediated.

agent, the Realtor who had sold them the home.

person had not done the simple step of going to the

office in Grand Junction, submitting the address, and

At that time they went to the listing


That

10

asking about the history of the tailings.

11

not done that.

12

Colorado.

13

selling agent from another real estate company had

14

not gone down and checked that out either.

15

an honor system with the Realtors in the state,

16

actually.

17

important, and the information is passed on.

18

They had

That's not a law in the state of

You do not have to disclose it.

But the

It is on

And if they decide to do it, that's

At any rate, the people did sue, and they

19

settled just for the compensation for the actual

20

repair of their home.

But they signed a

21

nondisclosure clause.

That tells me that the

22

business community in Grand Junction knows very well

23

about the stigma of uranium.

24
25

In Canon City it is also still possible to


buy a property with a radioactively tainted well

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without disclosure.

I understand that in the state

of Virginia there's a very, very rich deposit of

uranium, which they're hoping to mine.

been a very long ban against uranium mining in

Virginia.

into this.

they dealt with stigmas.

back saying that people understood that there was a

stigma associated and a reality associated with the

So there were stigmas when I was looking


There were socioeconomic studies, and

10

radioactive industries.

11

saying that.

12

There has

Three of the studies came

Two of them came back not

Three studies that I know of have been

13

done in Colorado where we have much, much experience

14

with the radioactive industry, with nuclear waste,

15

and with nuclear industries.

16

proved that there would be -- it said 71 percent of

17

the people in Colorado do not want to live in a

18

county where there is a radioactive industry.

The one in Canon City

19

The Sonoran Institute study provided by

20

Gateway Canyons -- commissioned by Gateway Canyons

21

Resort explained -- or came to the conclusion that --

22

and Gateway Canyons Resort is in Mesa County.

23

said if uranium mining and milling were to pick up

24

again in this Uravan Mineral Belt, it would indeed

25

hurt their millions of dollars investment.

It

And the

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Powers report done on behalf of Sheep Mountain

Alliance also corroborates that information.

In Grand Junction, too, a year ago in the

summer, there were 400 truckloads of radioactive

waste coming from the Navajo Reservation at Tuba

City, Arizona.

still open until, I believe, 2017, something like

that.

It was signed off on by our city and county officials

The Grand Junction tailings site is

Nothing was said.

We read nothing about it.

10

that the DOE would be doing that, making that

11

transfer.

12

from another place.

13

does to a town if we were to know that.

14

a radioactive waste site.

15

But they opened our site to accept waste


I understand very well what that
It makes us

As we know now, the things that we're

16

calling cumulative impact here, the impact in this

17

industry, actually become collateral damage.

18

like to look at the Pinon Ridge mill application.

19

But looking from a citizen's perspective at the Pinon

20

Ridge mill application, I would use a quote from

21

Dr. Karl Morgan, an international authority on

22

radioactive induced illnesses of workers on the

23

Manhattan Project.

24

and he testified at the Rocky Flats hearings.

25

said there is no safe level of radiation exposure.

I would

He worked for them for 28 years,


He

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There is no such thing as a permissible dose of

radiation in a susceptible human.

quantity can be enough to cause cancer.

question is not what is a safe level.

is how great is the risk.

The slightest
So the
The question

When we examine Energy Fuels' application

and the necessary interaction with CDPHE to regulate

and monitor that project, we are considering the risk

assessment of the proposal to the potential workers

10

and the public health, environment, transportation,

11

system, and economy.

12

inadequate when we know that one of the largest risks

13

at a uranium mill are the contamination of air,

14

water, and soils with radioactive particles which can

15

be inhaled, eaten, or drunk and cause internal

16

exposure which can remain active for decades.

17

Safeguards in all areas must be used.

18

regulations that we're speaking about, the new

19

safeguards that we're talking about have to be part

20

of the equation.

21

The application to CDPHE seems

The new

The application is very incomplete without

22

plans to cover the handling of ore stockpile sites,

23

which are significant exposure pathways for windblown

24

particles.

25

application of the covering of those.

At this time there's no evidence in the


And we know

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that ore stockpiles can be siting there for quite a

while because they do fluctuate with the price of

uranium and the product that they're trying to

produce.

We don't see any provision for

stormwaters, and that's a very important part of

leaching.

that the water in the Paradox Valley could become

contaminated.

It's a very important part of pathways,

We also know from the testimony that

10

we've been hearing in the last few days there's not

11

enough water for the processing of uranium, enough

12

permitted water for the processing of uranium and

13

dust suppression, which is important in this process.

14

The bonding rate is shockingly inadequate

15

for the potential risks involved.

16

place, the design submitted in the application is

17

incomplete as far as the tailings pond design goes.

18

It would seem impossible to set a financial surety

19

rate on something that is not clearly defined.

20

geologist explained to me that the formula used to

21

set the bonding rate is an outmoded formula for hard

22

rock mining.

23

of Colorado at great financial risk.

24
25

And in the first

This places the taxpayers in the state

I think as a citizen that probably the


most interesting -- or one of the places that caught

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my eye on the CDPHE Web site, looking at the Pinon

Ridge mill application, was a place called Frequently

Asked Questions.

interaction with CDPHE as a result of reading those

is very confusing to me, and I have concerns from the

CDPHE Web site on the frequently asked questions

page.

federal government play in this license application

process?

10

Energy Fuels' application and

The first question was, What role does the

The answer was, None.

Through an

11

agreement with the Nuclear Regulatory Commission, the

12

State of Colorado has sole responsibility for

13

reviewing and approving or denying the license

14

application.

15

that answer, why does the NRC review the state's work

16

if there's no interaction.

17

according to federal regulations also?

18

would be also why would this exempt the state from

19

federal rules and regulations concerning the

20

radioactive materials.

21

own rules and regulations pertaining to -- the rules

22

and regulations pertaining to the radiation control,

23

why would they completely disregard Section 18.6.1

24

for public meetings?

25

up paying the bills for mistakes in decision-making

I am wondering, then, as a result of

Is it not reviewed
My question

If the state is following its

The public has repeatedly ended

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when companies have defaulted and should be given

status as stakeholders.

3
4

The next question is, Is an environmental


impact statement required?

The answer is, No, this is not a federal

project.

environmental report contained in the application

package to ensure the project is protective of public

health and the environment.

10

The state will thoroughly review the

My question is, the state regulations in

11

Section 18.4.3 say the environmental impact analysis

12

or any part thereof should be compared directly by

13

the department, or the department shall utilize the

14

third-party method set forth in Section 3.13.

15

EIA seems to be completely based on Energy Fuels'

16

information, from my perspective, and I would like to

17

see what are the examples of the department's work or

18

third-party, independent work on the environmental

19

impact assessment.

20

the analysis is to inform the public about the

21

project and to help CDPHE make a better informed

22

decision on the application.

23

it appears cursory and incomplete.

24
25

The

It appears that the purpose of

From trying to read it,

The next question is, Why isn't the


Colorado Department of Public Health and Environment

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considering the impact of uranium mining and other

potential milling operations in this region?

The answer is, The CDPHE regulates only

the milling process and has no authority over active

mines which are regulated by the Division of

Reclamation, Mining and Safety.

agency responsible for determining impacts on a

regional level.

applications for mills are received, they will be

10

There is no single

If other radioactive materials

evaluated individually.

11

I feel like the answer is incongruent to

12

the CDPHE's overall mission statement that says the

13

CDPHE is committed to protecting and preserving the

14

health and environment of the people of Colorado.

15

The role of the department staff is to serve the

16

people of Colorado by providing high quality, cost

17

effective public health and environmental protection

18

services.

19

pollution have taught us this mill site is not an

20

island, and the company consistently shouts about the

21

regional impacts it have.

22

think that CDPHE is not taking many aspects of this

23

application, direct and indirect, into consideration.

24
25

Past uranium industry impacts and

Next question:

It's not comforting to

Will the mill be allowed

to process radioactive waste?

Will the mill be

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allowed to become a disposal site for imported

radioactive waste?

Answer, No and no.

The application

specifies that the mill feedstock will be uranium ore

and produced water from Energy Fuels' mines.

application is approved, the mill will not be

licensed to process radioactive waste.

the mill will include an on-site disposal facility

for waste generated by its operation.

If approved,

The license

10

application does not seek to import outside

11

radioactive materials for disposal.

12

If the

I have listened in on the telephone

13

connection, and I've appreciated that very much.

14

I question why Mr. Tarlton commented at the hearing

15

the other day, We would like to be able to send water

16

treatment residues to that site.

17

processed the same.

18

And

They can be

He did not want to discuss that Energy

19

Fuels had not applied for that.

And yet he did not

20

acknowledge that Montrose County has a condition

21

against that.

22

full of water at this point, and the water will have

23

to be treated and released into the Delores River.

24

However, I do not think that that is produced water.

25

Mr. Tarlton did not state where the produced water

We know that the Whirlwind mine is

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would come from he was referring to.

2
3

The next question, Who makes the decision


to approve or disprove the application?

The answer is -- and I could tell that the

site is outdated:

technical review to create the decision document.

The recommendation will come from Steve Tarlton,

radioactive materials unit leader, and Jennifer Opila

for concurrence.

10

Phil Egidi will compile the

I know that Mr. Egidi is no longer with

11

CDPHE.

12

appeared to us, living in Grand Junction, and to the

13

members of the public that Mr. Egidi had worked with

14

Energy Fuels, walking them through the application

15

process at many points.

16

his position as technical reviewer would have been

17

difficult.

18

an analysis.

19

CDPHE be a part of the team to technically review

20

their aspect of the application and help make

21

recommendations?

22

I do not know who his replacement is.

It has

And I would question that

I think it would have been difficult in


Why wouldn't other department heads at

A uranium mill is an eternal commitment

23

and an indelible impact on the lands, waters,

24

peoples, and economy of an area.

25

undertaking given the utmost consideration and

It should be an

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considerable attention to detail on the part of the

applicant and the regulator.

this level of professionalism given to this

application or its regulatory review.

request that you recommend the denial of the Pinon

Ridge uranium mill application based on the lack of

thoroughness of the information and the difficulties

of the Colorado Department of Public Health and

Environment in processing the application correctly,

The public has not seen

I respectfully

10

especially in regards to an adequate EIA and

11

inclusion of the citizens of Colorado.

12

HEARING OFFICER:

Thank you.

We've been at this for

13

about an hour and 45 minutes.

My rear end and the

14

reporter's fingers are both wearing out.

15

to take a 10-minute break.

We're going

16

(Recess from 10:26 a.m. to 10:42 a.m.)

17

HEARING OFFICER:

18

MR. METCALF:

John Metcalf.

My name is John Metcalf.

19

live in Ridgway, Colorado.

We sympathize with those

20

who live in the immediate vicinity who need uranium

21

jobs, but those jobs put our health and environment

22

and economy at risk.

23

responsibility of the Colorado Department of Public

24

Health and Environment is public health and safety.

25

Almost everyone is aware of the danger of uranium to

The first priority and

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and health and human life.

discovered radioactivity, died of aplastic anemia

from exposure to radioactivity.

and children who live near or walk on mining lands

die of bone, liver, and breast cancer.

Madam Marie Curie, who

Today men, women,

Since 1990 the United States Department of

Justice has paid $1-1/2 billion in compensation to

uranium miners, millers, ore transporters and

downwinders of nuclear testing.

There is not enough

10

money to clean up the contaminated mining lands.

The

11

cost of cleaning up just the mills in Colorado ranges

12

from 50 million to 500 million dollars per mill.

13

Today the U.S. government, under the Tri-Party

14

Agreement, spends over $2 billion each and every year

15

cleaning up the Hanford nuclear site in Washington

16

State.

17

nuclear contamination is expected to soon reach the

18

Columbia River.

19

taxpayer money.

Despite these efforts, the underground

20

That $2 billion annually is our

The health and economic consequences of

21

the uranium industry have been quantified and are

22

staggering.

23

of all the facts involved.

24

of Public Health and Environment is charged with

25

knowing the facts and taking the responsibility of

Many members of the public are unaware


The Colorado Department

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protecting the public.

The CDPHE, with all its expertise, has knowingly and

intentionally failed in its duties to protect the

safety and health of the public.

permit to Energy Fuels without requiring any baseline

study or monitoring of the radiation that has blown

onto our croplands in Paradox Valley, Montrose,

Olathe, Delta, Hotchkiss, Paonia, and other areas.

We eat those crops.

10

They have been negligent.

CDPHE has issued a

CDPHE's bond requirement for the Energy

11

Fuels mills is wholly inadequate.

12

are known to leak and even designed with the

13

expectation of leaking were approved.

14

monitoring and the risk of cleanup and remediation

15

over thousands of years cannot be covered by an

16

$11 million bond.

17

taxpayers just for monitoring the Uravan site is

18

$1 million dollar this year.

19

to contain leaks downhill towards the Delores and

20

Colorado Rivers, the costs could easily exceed the

21

bond and would need to be borne by us, the taxpayers.

22

Liner systems that

The cost of

The cost to the citizens and

In the event of needing

Accidents, man-made and natural, do

23

happen.

Witness the two hundred-year events, two of

24

them, that occurred in just the last two years, each

25

flooding parts of the New York City subways and

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underground.

150 miles.

blowing towards Tokyo at 50 miles per hour, the

radiation would have reached Tokyo in just 10 hours.

Tokyo, a population area of 35 million people, would

have had to have been evacuated and would have been

left uninhabitable effectively forever.

8
9

The distance from Fukushima to Tokyo is


If the wind had happened to have been

The United States cannot risk such an


accident.

It is in the interest of national security

10

to stop nuclear power and this mill.

It is in the

11

interest of public health and economic safety to not

12

approve this mill.

I thank you for your time.

13

HEARING OFFICER:

14

MR. ESTY:

Jon Esty.

Good morning, Judge Dana.

My

15

name is Jon Esty.

I live in Ridgway, and I am here

16

because of my concerns as a resident of Ridgway

17

regarding this Pinon Ridge mill.

18

has a potential impact not only on the Paradox Valley

19

but also our community, which is downwind from the

20

mill.

21

protect the Ridgway community from radioactive dust

22

which would be blown in our direction by the

23

prevailing winds from the plant area.

24

ongoing low market price of uranium, Energy Fuels

25

tells us that it would process and stockpile the

The mill as built

I believe that the plan does not adequately

Owing to the

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yellowcake ore on its property until such time as the

price rises.

possible that the mill could also receive waste

uranium from elsewhere around the country which would

also be stockpiled on the property to await

processing.

Evaporation ponds would be used to treat

wastewater.

And if by some chance water is not

available these ponds could also, in turn, be a

source of dust.

10

It is also my understanding that it is

Westerly winds in Ridgway and Ouray County

11

are an almost daily occurrence and are particularly

12

strong in the fall and spring.

13

repeated dust storms from the west in the county for

14

over the past four years that I have resided there.

15

Energy Fuels' plan does not adequately address how

16

the yellowcake ore, mine tailings, and the

17

radioactive waste from other sources will be

18

protected from those strong winds.

19

to provide more specific information to you and to

20

the public as to how it will mitigate the problem and

21

monitor it in coming years during the mill's

22

operation and after it closes.

23

We have experienced

The company needs

Let me say something about transportation.

24

There is no transportation plan that I was able to

25

see in the plan.

Trucks are to come and go from the

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mill, but there is no statement about preparing first

responders, sheriff's department, law officials, law

enforcement officials, health departments, and the

Department of Transportation in terms of the

transportation of those materials.

accident where there needs to be some response to

that accident, the local officials have not been

briefed, trained, or informed as to how to proceed

with the ore that has been spilled.

If there's an

That needs to be

10

in the plan.

11

by the health department and needs to be included in

12

the plan for the mill.

13

That needs to be looked at and examined

The $15 million -- other people have

14

mentioned this.

15

wishes to allocate for reclamation efforts is

16

completely inadequate considering the size of the

17

operation and the amount of ore and recycled

18

materials that the mill would process.

19

should be four or five to six times as high, and it

20

should be indexed to the rate of inflation over the

21

40-year life of the mill.

22

But the $15 million that the company

The numbers

Finally, I'm concerned about the ability

23

of the company to perform even the most limited site

24

mitigation required in the plan because of its poor

25

level of capitalization.

This company has never made

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a profit.

are speculative, so-called penny stocks that trade on

the Toronto Exchange.

Friday was 16 cents a share.

a company which inspires a lot of confidence, let

alone one which must deal with the numerous and

potentially expensive environmental issues that would

be caused by its operations.

It's never paid a dividend.

The shares

Its closing price this past


Financially it's hardly

I mention this for two reasons.

One, the

10

company would be inherently motivated to skimp and to

11

cut corners in terms of the required environmental

12

mitigation and requirements.

13

is that because of its poor capitalization, the

14

company possibly would be a good candidate for

15

acquisition by another company that has deeper

16

pockets.

17

regulations and requirements imposed by the health

18

department, that they be specifically required to

19

include any further mine ownership, mill ownership of

20

that property, that it not simply end with Energy

21

Fuels.

22

the capitalization ability to actually build the mill

23

and operate the mill, that they also be subject to

24

the same rules and regulations that are established

25

in the plan and elsewhere.

And the other concern

In that event, I would ask that the

But a company that has deeper pockets and has

Thank you.

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HEARING OFFICER:

MS. CHRISTIAN:

My name is Kathryn

Christian.

4
5

Kathryn Christianson.

HEARING OFFICER:

I'm sorry.

mispronounced it.

MS. CHRISTIAN:

That's fine.

I came up

from Grand Junction this morning, where I have lived

for most of my life.

notes to hand you so I'll try to speak clearly so you

I'll just say briefly I have no

10

can get it all.

11

and sympathy with the concerns that have been

12

expressed here about the state regulatory agency's

13

role in this whole procedure -- it seems a little

14

confused about what its actual role is -- and the

15

incompleteness of the application, too, the lack of

16

definition.

17

premature, actually, and that maybe they ought to all

18

stop and wait until they're actually ready to go into

19

business to make this application.

20

I have to say that I am in agreement

So I think the whole process has been

I came here mostly to relay a personal

21

anecdote about this whole thing, growing up in Grand

22

Junction.

23

family moved into our brand-new house in the

24

Redlands, my father's pride and joy that he was able

25

to build this place for his family.

It was in 1963, January of 1963, when our

And a few years

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later it became known that uranium tailings had been

in the fill dirt for the foundation of this house.

And my father, who was a medical physician, became

alarmed right away.

removal process once, and later readings determined

that it was still very hot, very hot under there.

another excavation took place, and then a few years

later the readings said it was still very hot.

so three separate removal processes were undertaken

10

And we went through the tailings

So

And

in that house, and it's still hot.

11

Subsequent owners of that house, the

12

husbands, both of whom were geologists, actually --

13

the first couple that bought the house, the husband,

14

who was a geologist, retired from Union Carbide, I

15

believe, died of cancer in that house.

16

couple who bought the house, he also was a retired

17

geologist.

18

but she has been battling it for some time.

19

says that the house will always be hot, and there's

20

just no way around that.

21

The second

And his wife has not succumbed to cancer,


And he

My older brother at the age of 50 years

22

old died of cancer also.

My father experienced some

23

minor cancers, and my mother more recently succumbed

24

to Alzheimer's.

25

readings of that house might have had on her.

I don't know what the radiation


She

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was the one who spent the most time in the house,

though.

that have been expressed should be very seriously

taken.

So I don't know, but I think the concerns

And I thank you.

HEARING OFFICER:

MS. HAWSE:

Angela Hawse.

That's a hard one to follow.

Thank you, Honorable Judge, for sitting here for so

many days and enabling us to speak our perspectives

of this.

I would like to speak in opposition to the

10

permit for the uranium mill.

11

public health, safety, and environmental concerns far

12

beyond this valley.

13

Mountains.

14

professional mountain and ski guide and make my

15

living here because the area is special, unique, and

16

unrivaled in what it offers.

17

the world travel here to enjoy the mountains, and the

18

communities benefit from good tourism dollars.

19

I'm very concerned that the presence of a uranium

20

mill will drive a lot of those people that come here

21

away.

22

I believe it poses

I live and work in the San Juan

My home is in Ridgway.

I'm a

People from all over

And

I'm intimately involved in our snowpack.

23

I study it as a snow safety professional and guide

24

throughout each winter season.

25

recognize as a water source that is vital to our

The snowpack I also

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region and our western nation's vitality.

season we experience episodes of dust layers on the

snow surface.

the fetch area, which is to our west where the

prevailing winds blow from.

the Paradox Basin and the proposed site of the

uranium mill.

8
9

Every

These dust layers come directly from

The fetch area includes

And I E-mailed you this.

I have an E-mail

from the Silverton office of the Colorado Avalanche

10

Information Center that was sent on November 10th

11

this year.

12

monitoring avalanche conditions on the highways for

13

the Colorado Department of Transportation.

14

a short E-mail but it says, Strong winds out there --

15

because this was the first of our winter storms.

16

new snow has a distinct dusty, graupel layer mid-pack

17

at Molas and Coal Bank and a little dust visible on

18

Red Mountain Pass.

19

They're responsible for public safety and

It's just

The

The impacts of this mill would extend far

20

greater than the Paradox Basin for the communities of

21

the Western Slope and Colorado River watersheds.

22

recognize the need for jobs and know that the

23

communities surrounding the Paradox Basin need work.

24

However, with such high stakes, the risks far

25

outweigh the benefits of so few.

With all due

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respect, I ask that you consider the far-reaching

consequences of the mill and the people in this

unique place.

Thank you.

HEARING OFFICER:

MS. IVERS:

Dana Ivers.

Thank you, Your Honor, for

sitting for so long and listening to us.

I live in

the Telluride area.

years in the Four Corners region.

like a foreigner here in Nucla from the energy of the

I've been there for 30 some odd


And I feel almost

10

people from Nucla.

11

and I am -- it's not a me against you or a you

12

against me.

13

We all breathe the same air.

14

water.

15

not me against you or you against me.

16

us trying to protect this land.

17

this land.

18

that we are -- that the CDPHE is not doing their job

19

to protect us, our air, and our water, and our land,

20

which I think is supposed to be the main thrust of

21

their jobs.

22

Because I live in the mountains,

It's a we.

We're all together in this.


We drink the same

We look at the same beautiful scenery.

It's

It should be

We are stewards of

And that's basically my main concern,

Every time I see the word "contamination"

23

the adjective that seems to preface it is

24

"inevitable" in relationship to radiation.

25

think it has been proven that with all of their

And I

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skill, it's not a historical problem.

It is still a

present-day problem.

National Priorities List, radiation sites on record

in Colorado.

1980s, and they're still on this list, 25 years on

this list.

consider that present-day.

cleaned up, and all of them have contaminated

groundwater.

There's still four NPL,

They were originally listed in the

And I don't consider that historical.

And they're still not

And taken from the Department of

10

Energy's legacy management report, the cleanup cost

11

for Uravan was 120 million.

12

the cleanup of the Rifle mill, 86 million for the

13

Naturita mill, 50 million for the Slick Rock mill.

14

And you're asking -- the CDPHE is asking for

15

11 million for Pinon Ridge, which makes no sense to

16

me.

It was 119 million for

17

For what we in this area would receive, we

18

certainly wouldn't receive any monetary gain from the

19

uranium because it's going to Canada.

20

the Chamber of Commerce lady, there would be a

21

thousand jobs gained here, which I think is fabulous

22

for these people.

23

the number of jobs that would be lost in my region

24

from the ski industry.

25

there's uranium radiated dust on the ski slopes would

According to

But I can't hesitate to tell you

Even just a rumor that

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turn, in my opinion, Telluride, Rico, Placerville,

Ridgway, into ghost towns.

to this area as a tourist, and our economy thrives on

tourism.

that want to come here.

radiated, the ski area will be -- it will be vacant.

It's hard enough to get

It's hard enough to get here for people


If they think that we are

I spend time in Telluride, and I have a

condo that overlooks Main Street.

And I have seen

winters when we had very poor quality snow reported

10

in the media, and Main Street was vacant of people.

11

And all it takes is some report getting out to the

12

world that we have radioactive dust on our ski area,

13

and the thousand jobs that are gained here, tenfold

14

will be lost to the tourism industry, which is a much

15

cleaner industry than the scariness of uranium.

16

Just in closing, my family's been in

17

Colorado since 1850.

They started in the mining

18

industry and then moved to farming and ranching.

19

one of the industries that my family had thriving

20

back in the turn of the century was sugar beets, and

21

it became something that was not viable anymore as

22

cultures changed and people came in and subdivisions

23

came in and there were different activities and

24

socioeconomic activities.

25

this area should maybe consider the fact that this is

And

And perhaps the people of

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a fossil -- no pun intended -- industry that should

not exist anymore in this area because we now have so

many more people.

When it was the heyday of the uranium

activity, there were very few people here.

There was

not much agriculture, not much ranching.

these people that really want the mining and the

milling should look at their neighbors and at

themselves and their children and their grandchildren

And perhaps

10

and consider it an industry that should be left in

11

the ground.

12

Navajos call it, should never be taken from the

13

ground.

The yellow monster, Leetso, as the

Thank you.

14

HEARING OFFICER:

15

MR. MITCHELL:

Reed Mitchell.

Good morning.

Good turnout

16

today.

17

me.

18

here.

19

wonderful years among these folks but found it

20

difficult to earn a living.

21

Junction, but I kept my home here and move back and

22

forth.

23

My name's Reed Mitchell, as you introduced

I'm a commercial Realtor.


I moved here in 1999.

I have a residence
And I had five or six

So now I live in Grand

I have to say this is kind of like dj vu

24

all over again.

It seems like I stood in front of --

25

I don't know if it was you, but a lot of judges for

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several hearings a few years ago.

I think this whole

mill's been beaten to death a few times, and it's

still struggling to get down the road.

to say is I think CDPHE looked very thoroughly at the

original application.

of opposition from a lot of folks who didn't take a

great deal of time to study what was going on.

think if you equate what's going on today in the

mining and milling industry and try to compare that

What I have

There was a tremendous amount

10

to what happened around here in the '40s and '50s and

11

spread the blanket of doom over our future that

12

occurred as a result of what those goings-ons were,

13

those unregulated goings-on back then, I think you'd

14

have a hard time making a valid comparison.

15

Because this mill, these people, they're

16

going to be scrutinized upside down and inside out as

17

long as they operate, and I think they're going to do

18

a good job.

19

Realtor that sold them the mill site.

20

the site, we talked to a gentleman from the CDPHE

21

that told us if you can't build it here, you can't

22

build it anywhere in the United States.

23

It's a good site.

I know these people.

24

issues to deal with.

25

death.

Actually, I'm the


When we found

There's no groundwater

The air's been studied to

And so anyway I'm not going to filibuster up

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here.

I just want to say that I come out in favor of

it.

around it want it.

other places don't have such a high opinion of it,

but I guess they're entitled to that.

have a great deal, and thanks for your time.

These people want it.

And some folks that come from

HEARING OFFICER:

MR. BEEDE:

people here.

The people who live here

So I hope you

Dale Beede.

You've had some very eloquent

I'm not one of those.

I live in Grand

10

Junction.

I own some land 2 to 3 miles down the road

11

here.

12

Energy Fuels build the mill in the Paradox Valley.

13

Energy Fuels has provided for the state everything

14

that has been asked of them.

15

existing plans to help alleviate the fears of some of

16

the public over blowing dust, water mitigation, truck

17

traffic, et cetera.

18

dollars to engineer this mill and now to fight the

19

roadblocks placed in front of them by just a few.

20

The West End needs the construction jobs, the mining

21

jobs, the engineering jobs, the plant operator jobs,

22

the truck driving jobs, and other jobs that will

23

emanate from the construction of the mill.

24

approve this mill and let this valley get back to

25

work.

I'm here in front of you just to ask, let

It modified their

They've spent millions of

Please

Thank you very much.

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HEARING OFFICER:

MR. STILLS:

second?

Your Honor, can I just have a

I didn't catch that gentleman's name.

HEARING OFFICER:

MR. STILLS:

HEARING OFFICER:

MR. STILLS:

MR. DYAR:

HEARING OFFICER:

10

Joel Dyar.

MR. DYAR:

The one before?

The one that just spoke.

Okay.

Dale Beede, B-e-e-d-e.


Thank you.

For the record, it's Dyar.


Dyar.

No worries.

Sorry about that.


Thank you for the

11

opportunity to speak with you today.

I'd like to

12

echo the sentiment this woman expressed that I'm

13

happy that we're able to have this conversation.

14

Thanks for everyone who came out.

15

to the economic impact of this proposal.

16

specifically, to use a little metaphor here, we

17

shouldn't burn the furniture to heat the house.

18

the first time in generations we are seeing a

19

reversal of the outmigration that has depopulated and

20

devastated world communities and economies.

21

Americans, from boomer retirees to young people tired

22

of the mini-mall wastelands of our cities, are voting

23

with their feet and moving back to rural America.

24

From Appalachia to the heartland to the intermountain

25

west, rural areas which offer so-called amenities --

I'd like to speak


And

For

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landscapes, open land, clean environments, quiet,

recreational opportunities, and affordable land for

young people interested in farming again -- are

growing in both population and economic terms.

Migrants to areas like the Western Slope

bring purchasing power, they bring talent, education,

and expertise in both thriving and emerging

industries.

salaries with them.

And increasingly they bring external


Last year over 25 percent of the

10

U.S. workforce performed some work through

11

telecommunication from their home.

12

telecommuted entirely.

13

present opportunities for rural re-invigoration,

14

revival, and economic growth.

Over 10 percent

These shifting work patterns

15

What these people are not looking for is

16

degraded landscapes, toxic winds, toxic waters, and

17

toxic soils.

18

radioactive contamination is enough to disadvantage

19

and spoil an area's ability to capitalize on these

20

emerging trends and make sure that they play a role

21

in our economic developmental strategies and the

22

diversification of those strategies.

23

Colorado is blessed with exceptional natural assets

24

with which to develop economically by attracting this

25

new human capital.

Even the presence of the possibility of

Western

Unlike the dangerous assets we

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can remove from the ground here, our amenities, if

protected, will never run out.

HEARING OFFICER:

MR. WILLIAMS:

Thank you very much.

Ben Williams.

Good morning.

Thank you

for being here, and thanks for hosting this dialog

for the past several days, from what I understand.

I'm a Norwood resident.

Williams.

resources management.

My name, again, is Ben

I have a bachelor of science in natural


I've worked for the USDA as a

10

soils scientist, and I'm currently a registered

11

patent agent.

12

I am disappointed with Energy Fuels' level

13

of disclosure throughout this process.

14

speaking with any notes so I apologize.

15

essentially, there's been a number of what I feel

16

have been disingenuous statements made.

17

the ones that I would like to discuss today was up at

18

the Norwood Town Hall several years ago when one of

19

the experts that Energy Fuels had brought in stood up

20

and told the people there, You would get 10 times the

21

level of radiation flying on an airplane than you

22

will from this mill.

23

I'm not
But

And one of

And then he sat down, and everybody seemed

24

to agree.

You know, I put my hand up and said, Wait

25

a second.

You know, that's not entirely true.

It

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kind of depends on what type of radiation we're

discussing here.

of radiation, then yes.

about alpha emitting radiation, most ionizing form of

radiation.

fugitive dust issue.

7
8

If you're talking simply wave forms


But we're most concerned

It's not very penetrating, but hence the

And all he simply said was, Well, that's


true.

And what I feel is, you know, it's okay to

10

get a C.

11

billions of dollars are at stake, when billions of

12

people's -- well, thousands of people's livelihoods

13

are at stake, I think Energy Fuels should surpass.

14

It should strive for excellence.

15

the public so that they are able to make an informed

16

decision.

17

really making an informed decision.

18

It's okay to get a passing grade.

But when

It should inform

I don't feel that anybody is capable of

When you look at the jobs issue, we're

19

talking about a flash in the pan.

20

boom, the economic boom for this area that these

21

people promise us, how come we're all unemployed now.

22

The uranium business had a seat here for couple of

23

decades at least.

24

flash in the pan.

25

If this was the

Yet we're all out of work.

It's a

I refuse to believe that the great spirit

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of American enterprise is dictated by seeking

employment in a Canadian company.

great spirit of American enterprise touches upon

developing small business concerns, upon the local

area, the assets that we have that, as that gentleman

presented earlier, have a long and sustainable

future.

a day may make a Canadian company and its

subsidiaries and a few gentlemen a lot of money.

I believe the

Twenty years of grinding 100 tons of uranium

But

10

the legacy that it will leave will cost the taxpayers

11

for generations to come.

12

The reality is that the half-life of the

13

tailings of the milled uranium lasts so long that the

14

very mountains in which we seek to contain them have

15

not existed for less than a thousandth of a percent

16

of that time.

17

to safely house these sediments is the same as

18

building a sand castle in a river.

19

structures in which they will be housed cannot exist

20

as long as the decay of these radionuclides.

21

What I'm trying to say is the attempt

The very

What I propose is that Energy Fuels seeks

22

to accurately inform and surpass the minimum

23

requirements that the state imposed upon their

24

industry.

25

have done a very wide-sweeping wind study that

First of all, I've been told that they

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demonstrates and models effectively the potential

distribution of the fugitive dust that most of us are

concerned about around the state.

through Energy Fuels' 880 acre parcel, I see simply

two anemometers, two weather stations that are, at

most -- and I'm probably erring on their side here --

20 feet above the ground.

statistically relevant wind study with that

equipment, two anemometers on 880 acres at 20 feet.

10

When I drive down

You cannot generate a

If you were to develop a wind study

11

seeking investment for wind power, you would at least

12

need an anemometer that is 100 feet high.

13

garner the investment dollars.

14

uranium industry you get more investment when the

15

scientific equipment is below the regular standards

16

applied to other industries.

17

You cannot

But it seems in the

The last thing I'd like to say is, I'm not

18

saying that it's deliberately dishonest by Energy

19

Fuels.

20

disingenuous and, at worst, irresponsible.

21

reminded of when I saw the heads of big tobacco stand

22

before Congress and each of them swear an oath that

23

they believed that tobacco was not addictive.

24

the same mentality.

25

incentive to develop these -- this equipment with the

But I am saying that is, at best, artful and


I am

I see

These people have every

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least amount of costs that they can.

incentive to underperform the standards just to get

it done.

position where they can objectively review the data.

I really don't.

position where they want to inform people, as I saw

with their expert testimony.

willing and able to inform people.

and what appeared to me to be deliberate cloudiness.

10
11

They have every

And I don't think that they're in a

And I don't think they're in a

I did not see people


I saw obfuscation

So with that I thank you again for your


time.

And thank you again, Your Honor.

12

HEARING OFFICER:

13

MS. BURBRIDGE:

DeeAnna Burbridge.
My name is DeeAnna

14

Burbridge.

15

12 miles east of the old corporate town of Uravan.

16

moved here in 1977.

17

I moved here with was a uranium miner.

18

the JD5 mine out in Paradox.

19

County right now as the fair grounds manager.

20

worked in Uravan for Umetco.

21

UMITRA cleanup.

22

was to check the dosimeters of the people that worked

23

there and track those uranium exposure records.

24

I'm not an expert in uranium things.

25

I'm a 56-year-old white female who lives

I ranch there.

My husband that
He worked in

I work in San Miguel


I

I was part of the

Actually, one of my responsibilities

recently read a book that Tom Zoellner wrote called

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"Uranium:

there's a lot of energy in that little rock.

until this point in time in the United States, we've

tried to figure out how we could use that energy in

that little rock.

before, but we're at a point in time where we've got

to figure it out.

your face as it is the back of your head.

decisions based in fear are never a good decision.

10

The Rock That Changed the World."

And
And up

And maybe we didn't do it right

It's just as bad to fall flat on

So I support the mill.

And

The local populace

11

here is educated both by experience and technology.

12

I raised my kids here.

13

that have happened since 1977.

14

I think I was six years old, and I was watching

15

Mickey Mouse on TV.

16

in the United States called Colorado, specifically

17

this area, and that there was a stuff called uranium

18

where they could do all sorts of wonderful things

19

with this uranium.

20

somewhat, that aspect from the 1960s.

21

know that if we don't get our ducks in a row and

22

figure it out sooner than some other people figure it

23

out, we're going to be left behind.

24

figure it out in a responsible, educated manner.

25

I watched all of the things


When I was in the --

And they talked about this place

Well, that's kind of changed


But I also

And we need to

I think Energy Fuels has put their hat in

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the ring and said, Okay, let's start figuring this

out.

any of the people who are the experts because they're

the ones that we're depending on to figure this out

for us.

somewhere, and that's why I'm in support of the mill.

Thank you.

So we need to figure it out.

And I don't envy

So we've got to start finding balance

HEARING OFFICER:

MS. REAMS:

Dianna Reams.

My name is Dianna Reams.

I'm

10

here today as the president of the Chamber of

11

Commerce for Nucla and Naturita and also as a

12

resident of Naturita.

13

these hearings were starting, the Chamber of Commerce

14

conducted a consumer survey.

15

was a simple question:

16

Ridge mill?

17

72 percent said positively yes; 9 percent said yes, I

18

think so; 9 percent could go either way; and 7

19

percent said absolutely not, with one person

20

undecided.

21

of our residents.

22

three years to that.

23

In 2009, about the time that

In that survey there

Do you support the Pinon

And this was for our residents here.

That gives us a clear 81 percent support


I have seen no change in the last

Yes, this area has been economically

24

depressed for over 30 years.

One of the reasons --

25

one of the reasons is because of the loss of the

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uranium and vanadium industry, both mining and

milling.

'30s and '40s, it was for vanadium.

byproduct.

going to be the driving ore for this area because it

is a primary constituent as a steel hardener as well

as vanadium redox batteries, which the renewable

energy industry is finding as the only source of

long-term storage for solar and wind power.

When that industry started here back in the


Uranium was a

Vanadium also, I believe personally, is

10

uranium is again a byproduct I say, Okay.

11

fine with me.

12

If

That's

I don't seem to have a problem with

13

uranium or the nuclear industry.

14

medicine.

15

and the things that it's also accused of creating.

16

know that my dad is 84 years old.

17

89 years old.

18

ponds here because it was the only swimming pool

19

available to them.

20

sledded down the yellowcake hills.

21

alone -- or with my mother and still is able to get

22

about, drive, in very good health for 84 and 89 years

23

old.

24

but I don't think it's overarching.

25

We have nuclear

It does, in fact, help and cure cancers


I

My uncle is

Both of them swam in the mill tailings

They took trash can lids and


He's 84, lives

So, yeah, some people had a problem with it,

Additionally, this area, Nucla and

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Naturita, is generational.

history.

fourth, fifth, sixth generation families.

personally come from Morris Woods who, with two of

his brothers, dammed up the Fall Creek and created

Woods Lake, a very nice recreational area still up in

the Telluride area.

This is part of our

Those aren't 20-year people.

Those are
I

That was my great grandfather.

They moved from there to Placerville and

ran the blacksmith shop where my grandfather, who was

10

born in Vanadium right across the stream from the old

11

Newmar mill site that's been referenced here.

12

born there at home.

13

who later turned into a machinist through the

14

technology era and had a shop in both Grand Junction

15

and Uravan, serving the uranium industry.

He was

He learned to be a blacksmith,

16

So I'm fourth generation in this area.

17

The ranchers here are fifth and sixth generation,

18

Paradox ranchers that are supportive that are part of

19

our 81 percent in our survey that don't have a

20

problem with the uranium dust because we recognize

21

that radiation and radon is a naturally occurring

22

element in our area, as it is in Telluride.

23

They have a very high radon levels in the

24

ground in Telluride.

The uranium ore that was

25

extracted in the Telluride area, in the Placerville

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area, was richer than it is here.

that they're a little bit more concerned about radon.

They should be.

hotter area than we have here.

So I don't doubt

Their own homes are built on a

Let's see.

As far as the job creation,

these are our children and our grandchildren that

we're looking for jobs for because we want our

families to be able to stay here.

graduated from high school here in 1975, he had

When my husband

10

72 classmates.

My daughter that graduated in 2009

11

had 11.

12

the choice to move here because we have been unable

13

to spur our economy over the last 30 years.

We don't have the ability -- they don't have

14

I do not blame Telluride, Moab, Grand

15

Junction, or anybody else for this failing.

This is

16

our problem to solve.

17

are looking at to try to solve our economic woes.

18

do not want just any jobs.

19

children and our grandchildren.

20

jobs.

21

strong enough.

22

technology.

23

course things always improve.

24

innovate and have historically forever.

25

the only way that you innovate, is to build on prior

This is one component that we


We

As I said, these are our


We want good, safe

We believe that the regulatory environment is


Of course there's always new

Of course there's also better ideas.

Of

That's the way we


It's just

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knowledge.

So we're ready.

81 percent of us say yes,

we want to see that.

We want to see those jobs come;

good, safe jobs that are regulated.

my background is in construction here.

bachelor's degree in business from the University of

Montana and master's from Regis University.

on the other side of the table from Mr. Tarlton and

Jennifer Opila, and we've had some fairly lively

I can tell you


I have a

I work

10

discussions as a result of that regulatory influence

11

on our business.

12

quite thorough.

13

standards because, in fact, we're a for profit

14

business.

15

standard based on current knowledge.

16

adequate.

17

me.

18

They're quite thorough.

They're

And yeah, we meet the minimum

The minimum standards are set as a safe


I think that's

81 percent of our population agrees with

We want our families to be able to

19

continue to be generational in this area.

Montrose

20

Economic Development Corporation confirmed in prior

21

hearings that we could, in fact, expect upwards of

22

140 jobs both directly and indirectly as a result of

23

this.

24

based.

25

have to have something to come to, a destination.

I get that Moab and Telluride are tourism


We are not.

We are not tourist based.

You

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You have to have services and goods.

Currently you

can't get breakfast every day of the week here, and

you can't get supper every day of the week here.

I haven't seen the people that are participating in

these hearings having even their lunch here,

participating in our economy.

their choice.

we get.

And

And that's fine.

That's the free market.

It's

That's what

We're good with it.

But tourism isn't an option for us.

And I

10

don't consider it all that green when you figure out

11

the hotel costs, the additional water for laundry,

12

the food waste out of restaurants, the heat, the

13

wildlife habitat degradation by the second, third,

14

fourth, fifth homes of the wealthy and mighty that

15

are in the Telluride/Moab area.

16

things need to be looked at as more of an overarching

17

footprint.

I don't see tourism happening here.

Not

18

that we'd turn it down, but it's just not here.

The

19

Ray Motel is not the resort of choice for most

20

people.

21

I think that those

We are forced currently to commute over

22

four mountain roads.

I don't know how many of you

23

have gone up and down Norwood Hill in the wintertime,

24

but it's fairly treacherous.

25

the spring between Telluride and here.

We have mudslides in
Telluride

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enjoys a commuting base for workers from Montrose,

Norwood, Nucla, Naturita, Egnar, Dove Creek, and

Delores, all more than 60 miles away.

very green to me.

That's not

If I understand it correctly, the

regulations require that hearings are held and you

are required to hear from people within a statutory

50-mile radius of the affected area.

folks that you've been listening to are outside of

Most of these

10

that area, although I personally appreciate their

11

comments because it does, in fact, make a safer

12

industry for my children and grandchildren to work

13

in.

I appreciate that and welcome their comments.

14

I also serve on the board of directors for

15

Western Small Miners Association.

This is a mining

16

group and extraction and resource development

17

association, private, that serves the Western United

18

States: timber, coal, any type of mining, really, oil

19

and gas.

20

with Hillary White, who's the executive director of

21

Sheep Mountain Alliance; Amber Kelly, the executive

22

director for Citizens Alliance out of Cortez; the

23

Delores County Commissioner, Ernie Williams; and the

24

president of Western Small Miners, John Reams, trying

25

to schedule a meeting with Sheep Mountain Alliance to

We sat down in Cortez a couple years ago

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sit down and Citizens Alliance to sit down and

discuss our differences, where we have commonalities,

where we can collaborate, where we can join forces,

and where we simply are going to agree to disagree.

We could not get them to come to the table.

again offered by Craig Pirazzi, a member of Sheep

Mountain Alliance that lives in Paradox.

certain that the board would be happy to sit down

with us.

It was

He was

10

Again, no response.
We have reached out to Telluride and Moab.

11

We have tried to talk to the people that are having

12

such a difficult time with us trying to run, operate,

13

and grow our own community.

14

happen.

15

81 percent of our population supportive of this mill

16

and these comments for your consideration.

17

so much.

So with that, I would like to offer you

18
19

HEARING OFFICER:
Silkels here?

20
21

It's just not going to

Sam Silkels.

Thank you

Is Sam

Todd Beckley?

Okay.

Do I have others in the room who

would like to make oral comments about this process?

22

AUDIENCE MEMBER:

Here's another page.

23

HEARING OFFICER:

Okay.

24
25

in on me.

They keep sliding

Matt Bane.
MR. BANE:

I'm a former employee of

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Denison Mines.

I worked in Gyp Valley as an

electrician.

started working there in December of '09.

had sat for approximately 20 years, 25 years,

building up radon.

mine.

Denison was supposed to do air samples of

this.

They never did for approximately four months.

When they finally did take an air sample, it was

twice as high as radon levels was supposed to be.

We opened the La Sal Incline mine and


This mine

We worked in the exhaust of this

10

There was guys about this time that was fed up with

11

what Denison Mines was doing.

12

MSHA.

13

working guys in high radon.

14

were laid off.

15

reduction layoff.

16

They reported them to

MSHA did show up and cited Denison Mines for


Subsequently these guys

Denison Mines said it was a work

I know from working in the uranium

17

industry that safety and environmental issues don't

18

exist compared to the costs of operation.

19

Mines ignored all safety regulations concerning that.

20

One of them was, we had transformers and switchgear

21

that was from the '50s and '60s.

They were supposed

22

to be tested for -- PCB testing.

It was a direct

23

order from the top of the mining deal in Dove Creek,

24

to pour this stuff out and put the stickers on

25

without checking it.

Denison

I personally did this so I know

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that they will contaminate the environment.

I've been diagnosed with -- I have brain

damage.

I have nerve damage.

system, pulmonary system, endocrine system, and GI

tract.

happened.

thing just like it was pre '70s.

regulations and rules in place.

against this mill.

This is new.

It affects my cardiac

This was in '09 that this

This is not pre '70s, but they run the


We have the
I'm not for or

But I believe that somebody has

10

to monitor this really closely and not depend on the

11

government to do it because they won't.

12

long list of fining these guys for high radon, high

13

CO2, high diesel particulate, just one after the

14

other.

15

If they do build the mill here and mining, we need to

16

monitor it extremely close so there won't be guys

17

like me.

MSHA has a

And it never did ever make them do anything.

18

HEARING OFFICER:

19

MS. DARANYI:

Barclay Daranyi.

Dear Judge Dana, thank you

20

for the opportunity to comment on Energy Fuels'

21

proposed Pinon Ridge uranium mill in Paradox Valley,

22

Colorado.

23

Mesa outside of Norwood, Colorado.

24

located approximately 35 miles downwind from the

25

proposed uranium mill.

My husband and I are farmers on Wrights


Our farm is

We produce freshly grown,

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organically grown vegetables for more than 200

regional residents through our 68-household CSA

Program.

Agriculture.

Telluride and Norwood Farmers Market.

assortment of produce.

processing plant for poultry.

broilers, turkeys, egg-layers, hogs, goats, and

horses.

10

And CSA stands for Community Supported


We also serve customers at the
We grow a wide

We operate a state-approved
We graze grass-fed

The farm leases 60 of our 100 acres of

11

irrigated pasture to a neighboring rancher for hay

12

and pasture.

13

operation, and we're known for our fresh breads and

14

granola.

15

two of us, my husband and myself, the farm and bakery

16

has an extensive internship program where we train

17

future farmers and hire three full-time employees.

18

We also have eight members of the community that work

19

at the farm in exchange for food on a weekly basis.

20

We've also integrated a bakery into

In addition to providing employment for the

We have a proven track record of local

21

food production after 10 plus years of operation and

22

have become an integral player in the regional

23

economy.

24

growing economy for local food production.

25

nationwide and also statewide.

And by regional economy, I think there's a


There is

It's been shown that

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there's more and more of an awareness of where our

food comes from, how it's grown, and supporting local

farmers like ourselves.

We rely on clean air, we rely on clean

water, and we're dependent on clean soil to

successfully grow healthy food.

emphasize the soil there, too.

that when we die, we leave our farm and our soil in

better shape than how we found it.

10

And I want to
It's our intention

We want to grow

soil, not deplete it.

11

Our sustainability is also dependent on a

12

healthy regional economy and stable regional

13

communities.

14

environmental concerns and uranium's boom/bust

15

legacy, the proposed uranium mill puts at risk the

16

long-term sustainability and resiliency of our farm

17

and bakery.

18

socioeconomic impacts make this mill a possible

19

threat to our survival.

20

Put simply, because of serious

The environmental risks and the negative

Environmental concerns:

Primarily we're

21

concerned about contamination to the air, water, and

22

our soils as a result of uranium milling.

23

studies have shown that airborne particulates travel

24

from as far away as 200 miles.

25

dust layers from these airborne particulates can

Ongoing

In the wintertime

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easily be found in the mountain snowpacks.

our water, as an aside, for our operation is entirely

dependent on snow melt.

irrigation through reservoirs that are supplied by

the snow melt off the Cone, the Lone Cone Mountain.

Most of

So we get all of our

Uranium radiation has a half-life of

thousands of years.

If contamination would occur, it

cannot be successfully remediated.

grow food would be crippled in the event of a major

Our ability to

10

wind event, the contamination of our high Alpine

11

basin water sources, or from a catastrophic onsite or

12

transportation accident.

13

Upwind enterprises have no right

14

contaminating the air, water, and soils of downwind

15

neighbors.

16

citizen's constitutional protections.

17

contamination from an outgoing source can be

18

considered trespassing on downwind neighbors.

19

Unfortunately, there's little or no recourse for

20

those affected.

21

sites in the West is for taxpayers to foot the

22

cleanup bill once the mining companies have declared

23

bankruptcy and moved on.

24
25

This is unAmerican and against every


In practice,

The legacy of contaminated mining

At the same time, we have little


confidence in the ability of the Colorado Department

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of Public Health and Environment to enforce existing

rules and regulations with regards to uranium

production and milling.

the CDPHE is also deficient in providing a thorough

review of existing applications, taking into account

all of the risks inherent in uranium milling.

record is clear.

and out of human hands.

application should be rejected out of hand.

History has shown us that

The

Uranium is best left in the ground


The Pinon Ridge uranium mill
Once

10

contamination occurs, it cannot be remediated no

11

matter how stringent the enforcement measures.

12

Socioeconomic concerns:

Uranium milling

13

and mining has a legacy of injecting short-term

14

economic gains followed by abandonment when volatile

15

economic conditions turn sour.

16

economic success of our farm and bakery is dependent

17

on the strength of rural communities and, in

18

particular, our hometown of Norwood.

19

economic strength comes from agriculture.

20

the ranching operations in the mesa have been in

21

existence for over a hundred years.

22

regional economy has found strength through tourism.

23

The risk of uranium's environmental contamination and

24

the inherent unstable economic impacts of mining and

25

milling are a real threat to the region's overall

The long-term

In Norwood this
Many of

Meanwhile, the

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economic stability.

As taxpayers and American citizens, we

believe that the mining and milling of uranium should

stand on its own as a viable economic enterprise.

Historic records show otherwise.

uranium, from milling to mining to nuclear energy

production, has relied on taxpayer subsidies for its

existence.

companies will not insure nuclear power plants.

There's a reason private insurance

10

They're rated too dangerous.

11

the ground.

12

Every aspect of

Uranium is best left in

Moreover, the long-term cleanup costs are

13

always borne by taxpayers.

This is another

14

government handout.

15

uranium mining, milling, and their employees and

16

subcontractors.

17

$11 million cleanup bond for Energy Fuels' proposed

18

mill.

19

typical price tag for mill cleanup.

20

Naturita mill cost 85 million.

21

above 500 million, and the current estimate to close

22

the Canon City mill is 43 million, which doesn't

23

address groundwater contamination.

24

taxpayers have paid over $1 billion for mining and

25

milling cleanups.

A direct subsidy to operators of

CDPHE has required only an

This is laughable.

It's far short of the


The nearby

Grand Junction rose

In sum, Colorado

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In summary, every Colorado citizen has a

right to clean air, water, and soil.

Our farm and

bakery is also dependent on a strong regional economy

and a clean environment.

uranium mill with its inherent boom/bust legacy and

its associated environmental risk is anathema to our

long-term sustainability.

for our regional residents is in jeopardy, as is our

livelihood.

The proposed Pinon Ridge

Our ability to grow food

Energy Fuels has no right to trespass on

10

our clean air, water, and soil.

Truly, there is no

11

effective way for a regulator to oversee uranium

12

milling.

13

asked to subsidize the economic foundation upon which

14

the uranium mining and milling industry is dependent.

15

There's no compelling reason to approve the permit

16

for this proposed uranium mill.

17

time and attention to this matter.

At the same time, taxpayers should not be

18

HEARING OFFICER:

19

MR. SAFFLER:

Thank you for your

Michael Saffler.

My name is Michael Saffler.

20

I've been a resident of this region for almost

21

40 years, and I have attended quite a few of the

22

hearings that have been conducted on the subject in

23

the past.

24

hearings up until now that are being conducted right

25

now.

I have not had the time to attend the

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I found the testimony of the speaker who

was up here just prior to Barclay who had actually

had experience in this industry to be particularly

telling.

region over the years and tried to determine whether

or not there really is a healthy way to conduct

mining and milling of uranium.

been given an answer that there is.

answer that I typically get is, Well, we have new

I have talked to a lot of people in this

I've never really


In fact, the

10

regulations.

11

old regulations did not work.

12

that, yes, there were some problems in the past, but

13

somehow we're going to do something different that's

14

going to be safer, and that ultimately is going to

15

result in an environment that we all can live in.

16

And the implication there is that the


The implications are

But that's really not what I am hearing in

17

talking to people, and that's certainly not what the

18

previous testimony said.

19

industry does everything that they can to try to

20

minimize the amount that they adhere to their

21

requirements for enforcement and that, in fact, there

22

are definite outcomes that are debilitating to one's

23

health.

24

evident.

25

years down the road.

In fact, it said that the

And those outcomes are not immediately


In fact, they can reveal themselves many

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Well, I would like to protect my family

from that outcome.

And I've never really been given

the impression from any elected officials or any of

the state agency representatives that I have any way

of doing that.

I've heard and the remediation that has been

suggested is that after the fact I may have an

opportunity to monitor and discover what radioactive

particles have found their way into my air, my water,

In fact, most of the discussion that

10

my food, my environment.

11

inadequate.

12

been done.

13

fact and measure how that damage was done, where that

14

material might have originated, how much of it was in

15

our air or soil, and thereby what?

16

that point?

17

late.

18

And that seems grossly

That seems to me like the damage has


And at best, we can come in after the

What do we do at

How do we protect ourselves?

It's too

People can die, especially children.

19

Children are susceptible to even a single particle.

20

And I'm sure you've heard this a dozen times during

21

this testimony, but even a single particle can get

22

into the lungs of a young person and can metastasize

23

to the point where it kills them.

24

to me.

25

feel that that's an acceptable risk, but it's not to

And that's scary

Maybe the people on this side of our state

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me.

It's something that scares the daylights out of

me.

And having lived here for 40 years, I never

really considered leaving.

that I would pick up and take my family out of here.

This is the first time.

disappointing because I always thought this was going

to be my home until the day that I died because I

really do like this region.

attached to it.

10

I never really considered

And that's very

I really do feel

And I have tried in very many ways to try

11

to come up with other ways that we can view the

12

economies of this region.

13

who have spoken in favor of this mill who live over

14

here feel like these are the best jobs that are

15

available to them, but they're not the only jobs.

16

And I know they said it's their legacy, but it's not

17

really their original legacy.

18

was cooperative farming.

19

settled this valley.

20

here.

21

be an acceptable place.

22

farming.

23

But that's not going to be possible now.

24

heard from Barclay, she's very concerned about how

25

she's going to be able to continue to farm in this

And I know that the people

The original legacy

Those are the people who

Those are the people who lived

Those are the people who really found this to


And it was suitable for

In fact, it was a good spot for farming.


As you

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day and age.

people.

It does provide food for an awful lot of

people.

And those people are probably going to

question whether or not they really want to buy food

that has been grown out here.

And her farm does support a lot of

The socioeconomic aspect, the Telluride

region, San Miguel County, has done a lot to try to

not publicize this too much because we are concerned

that the world is going to discover that 25 years or

10

more of resistance by communities all over this

11

country to the idea of putting a mill into their

12

community was never found to be an appropriate or

13

appealing way for them to conduct their business to

14

promote their economy.

15

decided that it is appropriate.

16

in this country that has said, okay, we'll take it.

17

Now this area out here has


This is the one area

But why did those other communities say

18

no?

Why has there not been another mill that's

19

cropped up in this country?

20

reservations having to deal with so much sickness?

21

All those people that were exposed to all that

22

uranium for all those years are now devastated.

23

mean, you look around, you talk to any of the tribes

24

south of us who have had to deal with uranium, there

25

is sickness throughout and death throughout their

Why are the Indian

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communities.

convinced that there might be some economic benefit

to them, and there's even been some suggestion that

they might allow something like this into their

communities.

talk to the tribe members, they're all frightened to

death that this might start up again.

frightened that they might be subjected to another

round of exposure.

10

And I know some of the elders have been

But when I talk to the individuals,

They're all

As much as I'd love to sympathize with the

11

economic needs of the West End, I just don't see how

12

we can afford to do this again.

13

here.

14

people of the United States of America decided that

15

we had problems in this country with environmental

16

pollution.

17

of Congress when Congress used to talk to each

18

other -- the President signed off on legislation

19

called the Clean Air Act and the Clean Water Act.

20

Those were meant to say to small communities like us,

21

that you can't be run over by large corporations.

22

fact, we, the federal government, will watch over

23

your environment for you.

24

that doesn't happen again, that your rivers don't

25

ignite and you don't see burning rivers floating by

Uravan was right

Uravan was a Superfund cleanup site.

The

And by an act of Congress -- both houses

In

We will make sure that

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your homes and you don't see Love Canal and you don't

see these things again.

that were designed to protect us, including the EPA

and the DOE and a lot of the agencies that come into

play with this approval.

And they set up agencies

Well, the State of Colorado decided in its

questionable wisdom that they wanted to be the

enforcers of those regulations.

Colorado gave the authority to the Colorado

And the State of

10

Department of Public Health and Environment.

11

Colorado Department of Public Health and Environment

12

has taken on the role that was supposed to have been

13

the role of the Environmental Protection Agency.

14

And

When I came to initial hearings what I was

15

hearing was the CDPHE was acting as if they were an

16

advocate for the mill.

17

addressing the environmental issues that were brought

18

up by the majority of the testimony that was

19

presented to them at that time.

20

Washington, D.C.

21

said, What do we do?

They really weren't

I went to

I talked to people in the EPA.

22

They said, You have a problem.

23

I said, Yes, we do have a problem.

24
25

How do

we address it?
They said, Well, we really can't talk to

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you in our offices.

2
3

I said, You can't talk to me in your


offices?

What do you mean?

They said, We'll meet you after work.

So one person who was willing to meet with

me actually did.

She met with me after work, and she

said, You are absolutely correct.

with the enforcement of the Clean Air Act and the

Clean Water Act when it gets down to the local

There is a problem

10

levels.

And one of the biggest problems is the

11

states that have taken on this -- have become these

12

agreement states.

13

And I said, Well, what do we do?

14

She said, Well, you have to sue us.

15

I said, Sue you to do your job?

16

She said, Yes.

17

And I said, Well, how do we sue you?

18

She said, Well, I'm not exactly sure

19

either.

20

willing to do that.

21

You have to find some attorneys who are

And so I started talking to attorneys.

22

And all the attorneys were concerned about that

23

because a lot of them deal with the state agencies,

24

and they deal with the parties that are supposed to

25

be making these decisions, and they didn't want to go

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above their heads.

got brought into this, which is the reason why you're

here today; is that correct?

And ultimately I guess the NRC

HEARING OFFICER:

No.

I was selected -- I

don't know who nominated me.

by agreement of the CDPHE and Energy Fuels.

know if Sheep Mountain was in that conversation or

not.

MR. STILLS:

I was selected I think


I don't

I think it was left to CDPHE,

10

and we were good with that choice.

11

MR. SAFFLER:

But I wonder if, in fact,

12

there is -- it was my impression that there was some

13

federal intervention that took place here.

14

HEARING OFFICER:

15

MR. SAFFLER:

Not for me.

Okay.

And who determined

16

that there was an inadequacy of the original

17

hearings?

18

HEARING OFFICER:

There was a decision and

19

a lawsuit filed I think by Sheep Mountain Alliance,

20

with Judge McMullen in the Denver District Court,

21

which is where one goes to appeal the state

22

regulatory decision that said, in summary, there had

23

been an inadequate hearing.

24

public hearing, at which point I received a phone

25

call from CDPHE asking if I would be available to do

And so they mandated a

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this hearing.

And I do it, candidly, at the expense

of Energy Fuels, but that's because the applicant

pays the expenses.

MR. SAFFLER:

HEARING OFFICER:

I see.
I have to send my bill

to Energy Fuels.

MR. SAFFLER:

And that was a part of the

process that seemed a little bit askew to me in the

first place.

And I didn't realize it was continuing

10

on to today where, in fact, the applicant is the one

11

who pays for the hearings which are supposed to be, I

12

thought, impartial hearings and give an opportunity

13

for the public to express their concerns.

14

the people who the concerns are being expressed to

15

are being paid by the applicant, who is intending to

16

ultimately get an approval.

17

imbalance to me.

18

process.

19

And yet

That seems like an

It seems like that's a biased

HEARING OFFICER:

Well, Mr. Saffler, I'm

20

not willing to admit that I come to this with a

21

predisposition because of who's paying my bill.

22

Because I will issue the decision as I see fit to

23

issue the decision.

24

expected to pay it, whatever that decision may be.

25

And Energy Fuels will still be

MR. SAFFLER:

And I appreciate hearing

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that from you.

And I've been told that about you,

and that's the reason why I'm here today despite the

fact that I have been concerned about the process all

along.

HEARING OFFICER:

MR. SAFFLER:

Point taken.

I still don't know what we

are supposed to do.

legitimate concern about the mill, how we can stop

the mill.

I still don't know how we can protect our

10

children.

I still don't know how, if we have a

11

legitimate case, at the end of the day what that

12

brings about.

13

presenting our case properly?

14

that you can do?

15

recommendation back to the CDPHE, and then the CDPHE

16

will have an opportunity to reissue the license.

17

that correct?

18

I still don't know if we have a

What outcome we can hope for from


Is there something

I've been told that you will make a

HEARING OFFICER:

Is

I'm trying to be very

19

careful not to predispose myself to any particular

20

answer until I've heard all of the evidence.

21

MR. SAFFLER:

I understand.

22

HEARING OFFICER:

But it seems to me

23

apparent, having heard this now for four days, that I

24

need to do a bit of a civics lesson in how this

25

process works, how it comes about, what gives rise to

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it, how one can affect it.

And when I write a

decision, it's probably got to include that.

making notes to that effect as we go along, which is

not to say everybody in the room will be happy about

it.

at least in my opinion about how it works, and then

CDPHE will do what it does.

candidly, I think the chances of that surviving

without another appeal to the Denver District Court

And I'm

But it seems to me I need to do some explaining,

And I will tell you

10

is probably about less than 1 percent.

11

that's inevitable.

12

regulatory process, and then it's going to get looked

13

at by the judicial process, if that answers your

14

question.

15
16

I think

So I'm here as a part of the

MR. SAFFLER:

It does.

And I'd like to

make another point or two, if I may.

17

HEARING OFFICER:

18

MR. SAFFLER:

Go right ahead.

It's been brought to my

19

attention that -- I believe it's the Nuclear

20

Regulatory Commission is in the process of

21

reevaluating their standards for not only nuclear

22

power plants but also for uranium mining and mills.

23

And that process has been ongoing for quite a number

24

of years and was ongoing when this application was

25

started.

And it seems to me like that should have

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been an opportunity for the local decision-makers,

especially at the state level, to say, well, maybe we

should slow down a little bit so that we get the

benefit of the bargain with the new regulations which

are being considered.

And yet it seems just the opposite.

It

seems like the process was rushed so that those

regulations would not be applied toward this mill.

And it seems like there's even a national movement

10

that's saying we have problems in the industry, and

11

yet they're basically being shined on.

12

really disturbs me because, you know, there are some

13

very smart, very dedicated people who are trying to

14

come up with those new regulations, and they may not

15

even be applicable here.

And that

16

Thank you for your time.

17

HEARING OFFICER:

18

While Ms. Vanek is speaking, is there

Jolana Vanek.

19

anybody else in the room -- and I've not yet called

20

on the folks on the telephone -- who wish to make an

21

oral public comment in this process that has not had

22

an opportunity to do so?

23

by the door.

24
25

MS. VANEK:

There's sign-up sheets back

I'm Jolana Vanek.

I live in

San Miguel County, and I have lived here for about

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18 years.

these hearings in a proper way because for those of

us who have come and spent a lot of our time coming

to these meetings, it was very interesting because we

were cut always down to three minutes.

couldn't even -- maybe one person has a minute, and

another one would take more.

so this is wonderful.

process in a way that is giving people a chance to

10

And thank you, Your Honor, for holding

And we

There was none of that,

I thank you for doing this

give a little more of a background.

11

First of all, I have lived in two

12

continents.

I have lived in Europe and here in the

13

United States.

14

people that I have worked with, people from Nucla,

15

Naturita, from these communities, people from

16

Montrose, as well.

17

whole truth by those who want to sell us a project.

18

We are not.

19

that I have spent studying, researching, until 2:00,

20

3:00 o'clock at night, I came across congressional

21

hearing results where a gentleman who was a mining

22

inspector had to testify in front of Congress that he

23

was asked to lie to the employees of the mines he was

24

inspecting in order to obtain access to these mines

25

on private lands.

And I'd like to address the dear

We're not always being told the

I recall through my over 3,000 hours

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One of the reasons here I was very

concerned is because I care about and I work with

people who lost their relatives in Uravan.

And some

of them lost their relatives in the mines.

I have a

scientific mind.

brain works in a way that it holds pieces of info and

puts them like a jigsaw puzzle together over many

months.

Four of my relatives are dead through Uravan.

10

I have scientific training.

And my

And I work with people who would say to me,


Four

of my relatives are dead through Uravan.

11

And then I would come to a hearing, and I

12

would hear that absolutely there is no risk from

13

uranium tailings.

14

like math.

15

this is harmless.

16

planning process we heard a lot of time spent on

17

chiseling into the rules of the Montrose County

18

decision about who gets compensated and how, when,

19

and if they get contaminated in Paradox Valley.

20

That was quite puzzling to me.

This just didn't figure out.

You hear

And then through the Montrose

So if there is no contamination -- and

21

actually, I have a gift.

If there is no

22

contamination from the substance called yellowcake,

23

it's safe as food, as we have all been told, would

24

anybody like to share some of this (indicating)?

25

It's wonderful.

It's just perfect.

It's safe.

So

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that's what we are being told.

people being paid by RECA, being compensated for --

what is in the professional language -- restitution

for working in the industry.

in it?

But then we see

So where is the safety

So then I started to understand that

perhaps when people live near it and they are harmed,

they get compensated.

downwind, how come we are called outsiders?

But if we live a little bit


So I

10

would like to offer the good people of Nucla and

11

Naturita -- I have helped people with a ranching

12

operation in another part of the state -- to figure

13

out how to bring tourists and let them tour their

14

cabin industry, you know, results and how to pay for

15

it.

16

have been doing and you are still miserable and

17

unsuccessful and unproductive by doing what you have

18

been doing, it might just not be a forever heaven.

19

It might be another boom and a bust.

20

Another 30 years?

21

contaminated.

22

Colorado having this dirty industry which really

23

repels tourism from everywhere.

I mean, if you keep doing for 30 years what you

24
25

And what then?

Meanwhile, we have people

We have a whole part of Western

So uranium causes genetic damage.


been known.

It's

And I don't know, Your Honor, if you

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have been privy to a reading, a Uravan case a couple

years ago when there was a Uravan case, lawsuit, the

Court determined that it could clearly see genetic

damage there.

laws is not considered a personal injury.

people were not successful in closing out on what

they were suing for.

damage mean?

cancer, inability to learn from one's mistakes, all

But genetic damage under current U.S.


So these

However, what does genetic

What does it do for us?

Birth defects,

10

these are known effects of genetic damage.

11

people -- whether they're close to a project or

12

further away, they are subjected to it.

13

injury to their lifestyle and to their health.

14

So when

It's a real

Now to this particular process of the

15

Energy Fuels application, and then I will wrap it up.

16

When I came to the very first hearing in the Montrose

17

planning process, I heard from a Frank Filas of

18

Energy Fuels that they now have new state-of-the-art

19

technology that will work differently and also that

20

they have these new leak-proof liners.

21

meeting when the public brought up that these liners

22

leak at the White Mesa mill just across the border in

23

Utah, Frank Filas said verbatim, Of course they leak.

24

They all leak.

25

small ones don't matter.

At the next

The big leaks get fixed, and the

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And when the public asked about the small

leaks -- because we are always told through the

drought, please fix the small leaks on your water

tap.

waved to sit down.

situation.

It's a hundred gallons a day -- the public was


So there was a very interesting

Another member of the public was held by

the elbow until they sat down, and this was done by a

Montrose police officer.

I've never seen anything

10

like that in my life.

11

film.

12

to be a rigorous, competent oversight by CDPHE.

13

even though I think that the CDPHE employees are

14

lovely and personable, I have several concerns from

15

the conduct I have witnessed.

16

small lack of attention to details often reflect on

17

the whole operation.

18

we are here because of lack of proper conduct -- the

19

first announcement of the Energy Fuels process being

20

reviewed, the application being reviewed, a small

21

postcard came in.

22

up for automatic notification for all the hearings.

23

So I called up CDPHE and I was told, Oh,

24
25

And it should be on somebody's

So now we are being told that there is going


And

I have learned that

The noticing process -- which

And there was a wrong link to sign

it's Murphy Law, wrong link.


I understood that.

That's normal in life.

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Sometimes things happen.

when the second postcard that came had the same

nonworking link.

when we finally received the E-mail notification,

wouldn't you expect that it would say something like

CDPHE, Pinon Ridge mill, Energy Fuels?

Deb Shaw about a meeting.

morning when I sat by my in box and I kept looking at

it thinking, Spam.

Why?

But I was very concerned

That was a month later.

So

It said, from

I still remember the

Let's get rid of it.

And

10

something in me just said, Maybe I should click on

11

this.

12

meeting in Montrose, the first of the process.

And here it was, Energy Fuels conducting a

13

So if we keep hearing about the rigorous

14

oversight, how does this reflect for you, Your Honor,

15

who deals with details in the courtroom all your

16

life?

Where are the guaranties?

17

The same thing when I called the very

18

first time CDPHE to inquire about the side effects of

19

uranium tailings, which I have already researched.

20

And Edgar Ethington, who is one of the members of the

21

CDPHE team which is dealing with this application, he

22

very sweetly said to me, Dear, you couldn't find it

23

on our Web site because it doesn't exist.

24

no side effects to tailings left over from milling

25

yellowcake.

There are

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I somehow didn't feel comfortable because

my research stated otherwise.

I didn't know exactly

who this Mr. Edgar Ethington was.

just an administrator there.

powerful oversight man.

researched, and I found a whole page of this.

particles that we are concerned about are the

particles that carry by air and the particles that

can be breathed in.

I thought he was

I didn't know he was a

So I went back online, and I


The

We are always being patronized

10

and patted on the head by Energy Fuels

11

representatives who say, Oh, this will be safer than

12

flying in an airplane.

13

fire alarm on your ceiling.

14

This will be safer than the

I don't breathe the airplane flight.

15

That's a different kind of radiation.

16

concerned that this information was not known to the

17

person who is now charged with reviewing the

18

application and future oversight.

19

more concerned when I discovered that that link no

20

longer exists for the Web site.

21

Why?

22

effects?

23

So I was very

And I was even

It's been removed.

Just because we could learn that there are side

All I have to do is read the Montrose

24

paper and find out that there's free healthcare for

25

those who were exposed professionally to uranium.

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can drive by Cortez on the back roads and see a giant

billboard promoting the same thing.

yellowcake to put everybody into feeling happy,

grandma, salivating yellowcake, it's really uranium

oxide.

factories that make uranium oxide.

much.

So this, called

And why do we call these mills?

They're

So thank you so

Sulfuric acid, which is also a part of the

pyramid, do you know what that does to the trees that

10

are dying in Colorado right now, the Aspens?

It

11

kills trees.

12

mill has a major problem with their tourism with

13

this.

14

there a couple times, he said every piece of metal,

15

hinges, et cetera, is rusted in that area because of

16

the sulfuric acid vapor.

17

people who breathe it?

And the community in the White Mesa

18

And one of the electricians who worked down

And what happens to the

Somewhere in there, in the application, is

19

also a huge amount of radionuclides being permitted

20

to be put into the atmosphere.

21

uranium clouds.

22

E-mail.

23

And if you Google radon attaching to rain clouds,

24

it's amazing what you find.

25

are subject to this, and we are not outsiders.

And radon attaches to

If you can study that, it is in my

I have actually handed in a full testimony.

So all of us downwind
And

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I'd be happy to work with anyone from Nucla who wants

help with their business because I've done that for

30 years.

4
5

HEARING OFFICER:
room?

Is Sam Silkels in the

Is Todd Beckley in the room?

MR. EDWARDS:

Skip Edwards?

My name is Skip Edwards, and

I have lived in the Telluride, Moab, and Durango area

since 1981.

Florida and have found these years to be probably the

10

best years of my life, especially in the line of work

11

I have been in out here, which has been as a BLM

12

river ranger for about 18 years and a river guide,

13

et cetera, et cetera.

14

and I totally have loved the pristineness of this

15

area.

16

I originally came from back East and

So I've been in the outdoors,

I also, from my age, I think as the

17

gentleman who testified earlier, having worked in the

18

mines -- I think when we look at these issues, the

19

experience of people and their work, their line of

20

work and what they have learned during those periods

21

of work, it can play a big part in understanding how

22

laws and regulations actually work on the ground.

23

started out back in -- well, in the '60s and '70s I

24

ended up as a pilot on a C141 for the United States

25

Air Force during the Vietnam days.

And I flew as a

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pilot.

in my memories, was flying to the Soviet Union into

Moscow in 1972 as part of the entourage that

accompanied Richard Nixon to Moscow for the

antiballistic missile talks and the SALT I, Strategic

Arms Limitation Talks.

I had -- my claim to fame, I think, at least

That was 1972.

And from that I look back and I go,

starting back in those years, we were trying to get

rid of nuclear weapons.

We were trying to bring some

10

sanity into the world.

11

silo after I got out of flying at the end of Vietnam

12

and actually had my hands on the keys with another

13

guy of 10 missiles.

14

could have launched 50 nuclear missiles to the Soviet

15

Union.

16

to scare people about bombs, which we all should be

17

afraid of them, but to look at what really happens

18

with yellowcake.

19

I also worked in a missile

And with a couple other guys, we

And the reason I bring this up is not to try

And from everything that I've been able to

20

learn, reading about uranium, it really -- the value

21

in uranium, the real value, started from basically

22

the nuclear bombs that allowed us in some way or

23

another to end World War II.

24

there was some spinoff that went into nuclear power

25

plants.

As a result of that,

And people have tried to use the idea that

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nuclear power plants were going to save the world.

And that was said in some testimony earlier, that it

was sold to us as the power that was going to be so

cheap that we couldn't even meter it.

those are really the two values.

So to me,

Now, there are medical values and other

scientific studies about some other uses.

But I

don't think that without these two big uses that we

would even be having a conversation here about mining

10

uranium.

These types of weapons didn't end with

11

World War II in the end and going into the arms race

12

we had with the Soviet Union for a long period of my

13

life, most of it.

14

major -- I hesitate to call these wars because they

15

really are undeclared wars, but they are -- there's a

16

lot of -- there's conflict going on both in Iraq and

17

Iran.

We now have gotten involved in two

18

Both of these are being stirred up as a

19

fear that another country in the world is going to

20

get yellowcake or have some capacity through nuclear

21

power to enrich uranium to make bombs which will

22

directly threaten the United States of America.

23

this product that we're talking about from a

24

worldwide and generational issue has been going on

25

forever.

So

But having been here for pretty much the

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entire time Wednesday, Thursday, Friday, Saturday,

and now today and listening to testimony, listening

to examination of witnesses, listening to

cross-examination of witnesses, listening to some

public comment, there are a lot of questions to be

answered, really, I think, about this uranium mine.

But I'd like to go -- I mentioned

experience.

So the other '50s and '60s and '70s and

'80s, we came up with a lot if -- it was kind of the

10

chemistry age, the age of the atom.

11

going nuts back in those days.

12

life was going to be incredibly better.

13

honestly, our life has gotten a lot better from the

14

technology advances, scientific advances that we've

15

had over those years.

16

price.

17

we've had, as a result of population increases in the

18

world and many other things, we have introduced a lot

19

of chemicals and a lot of things into our world which

20

people with vision were looking forward and saying,

21

hey, we can't continue in this direction.

22

Science was just

We were told that our


And quite

But everything comes with a

And as a result of all of these advances

As a result of that, we had a lot of laws

23

and regulations which were passed in the '60s and

24

'70s and into the early '80s, a lot of environmental

25

laws, the National Environmental Policy Act which

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requires environmental impact statements and analyses

and EIAs, et cetera, et cetera, to look at the

possible harm that could happen to the country and

the world as a result of certain advances.

doesn't say you can't do it.

to do it.

happen.

8
9

It

It doesn't say you have

It just says we need to look at what could

During that same time period we have -- as


has been mentioned, we've had the Clean Air Act, the

10

Clean Water Act.

11

had the Wild Scenic Rivers Act, the Wilderness Act

12

all kinds of various acts and regulations to try to

13

determine how we're going to use these laws that have

14

been passed by Congress to our benefit.

15

you know, go back.

16

stacks of laws and regulations, but how do we

17

enforce -- how are these laws and regulations really

18

enforced?

19

there to be obstacles in front of people who just

20

want to make a living and create a business,

21

et cetera?

22

answer every day.

23

We've had the Safe Food Act.

We've

I want to,

We have stacks and stacks and

Are they there to protect us, or are they

Those are questions that we're trying to

But on the ground and over my lifetime,

24

I've found and seen that -- I've found and seen that

25

a lot of times people that are supposed to be

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enforcing these laws for the benefit of society and

people actually take shortcuts to do that, don't do

it at all, or interpret those laws in a way that

weren't meant to be.

back to when I flew that C141 into Vietnam.

always stopped in Japan, got a briefing about what

was happening in that particular war.

look good in the briefings, as a flight crew member,

going into the country.

10

And I go back to -- all the way


We

And it didn't

And this might come as a shock to you

11

guys.

12

read newspapers in the Soviet Union, English-speaking

13

newspapers, the Russians at the time were pretty much

14

telling the truth as to what I was seeing in these

15

briefings that I would get.

16

anything.

17

Afghanistan and Iraq at times.

18

at and questioning that what we read and see and

19

think here in our country might not be interpreted

20

that way in another instance.

21

But when I went to the Soviet Union and got to

We weren't winning

We had little spots, a lot like we have in


So I started looking

I remember when I first got my job at BLM.

22

I was a river ranger, but I got ahold of a little

23

recorder because I like to, you know, think out loud.

24

And I was thinking, okay, in my job as a river

25

ranger, going down the river, running shuttles, or

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looking at the land, I would like to, you know, make

comments to myself so I could write these notes down

later.

recorder, and there was a range comm voice, a man

that I knew -- I believe he was a range comm.

was out looking at the field over in the Moab area

out on the desert, actually, and there was a gas

well.

guy's voice, in that he had seen a mess on the

And I'll never forget picking up this

And you could hear the frustration in this

10

ground.

11

three times.

12

what I'll do about it.

13

But he

And he goes, I reported this to the office


Nothing ever gets done.

I don't know

We had regulations, but were the

14

regulations actually being enforced?

And I have

15

examples going on -- I think we have -- well, I'll

16

come to that in just a minute.

17

working in government agencies -- and I sometimes

18

wonder.

19

field with good intentions and seen things done that

20

I don't think those people would normally do.

21

always been sort of a ground level person.

22

have been in the upper echelons.

23

the impetus is to try to shortcut regulations that

24

were put in place to protect us.

25

protections just aren't there, and that's what really

But over my lifespan,

I've seen a lot of really good people in the

I've

I never

I don't know where

But sometimes the

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concerns me with what I have seen and witnessed

during the last few days.

I think we first have to ask ourselves the

question is this mill in this day and time really

necessary other than as a profit-making, a

profit-allowing enterprise for certain businesses --

nothing wrong with profit, nothing wrong with

business -- and also to create some jobs.

been two of the big -- the real pushing things, is do

Those have

10

we need the uranium, do we need this product.

11

we're going to continue, as we say we are, to reduce

12

the number of weapons and to really take a hard look

13

at uranium, how expensive it is to the taxpayer, how

14

expensive it is even when you pay your electric bill

15

at home.

16

If

We're seen -- every one of us remembers

17

Fukushima.

Some of us, looking around the room --

18

well, probably all of us remember Chernobyl, and

19

probably the rest of us remember Three Mile Island

20

and what can happen as an end result of a product

21

which we're being made to think is such an innocuous

22

product here in this area to create jobs.

23

this product actually go, and what is it going to be

24

used for?

25

considerations in the larger scale.

Where does

I think these are really large

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But let's bring it back to the scale that

we have here in Naturita and Nucla, Paradox Valley,

Telluride, all the people that will be affected by a

material which has never, ever been proven in any way

to be safe in perpetuity.

there.

few days, regarding this particular plan that has

been put together by -- I don't know all of the --

where it actually starts, but Energy Fuels has put

That's a long time out

We heard testimony the other day, the last

10

together an environmental, I guess, impact analysis,

11

or they put together their plan to do their business

12

safely according to the rules and regulations that

13

have been passed by Congress and states, et cetera.

14

And then we have the Colorado Department

15

of Public Health and Environment that has to review

16

these plans and say that, yes, Energy Fuels did a

17

good job or not putting this together.

18

is this plant going to use the best possible means to

19

protect all the citizens, not only here -- and I

20

think we have to remember that this uranium mill will

21

be on private lands.

22

that particular site, they become all of our problem.

23

It's no longer a private problem or a private land

24

rights problem.

25

and regulations are supposed to do.

Are these --

But once these products leave

It becomes what all the federal laws


It becomes a

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national problem, maybe even an international

problem.

So during the -- you know, I'm not a

lawyer.

A lot of -- most of the people here are not

lawyers.

mill will affect each and every one of us and do it

the best we can from our experience in life and

living in certain areas.

there were some real questions about this particular

We're here to give our opinion on how this

But from what I heard,

10

plan and how it will protect society.

11

real questions.

12

on exactly how the monitoring went for air quality.

13

I think one of the people has already talked a lot

14

about that and just the couple of units that they

15

have out there to collect data.

16

There's some

And I think there was some questions

But, you know, one of the things that

17

really bothered me was, Connie -- and I have to --

18

Travers, I guess, when she was up talking about

19

water.

20

about the studies that went into how this plant is

21

going to get the amount of water that -- I think it

22

was 141 gallons per minute over the life of the mill

23

at 500-tons-per-day production.

24

Energy Fuels came up with talked about -- it only

25

covered five years.

Water issues are huge in the West; talking

And this study that

And the information that Connie

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has -- and I think she has excellent credentials,

both for business and for agencies, protecting

agencies -- says that this water is pretty much going

to be gone in five years.

large is the aquifer.

So we have that issue, how

How do we have a 40-year license with only

five years' worth of water?

Naturita has said they

will give the water.

looking at the future, to give the total amount of

How prepared is Naturita,

10

water that will be needed over the 40-year lifespan

11

of this mill and whatever water is needed to keep it

12

going into perpetuity?

13

question.

14

So I think that's a huge

John Weisheit, when he gave testimony,

15

Living Rivers from Moab, when he gave testimony he

16

talked about the Colorado River and the

17

overallocation of the Colorado River at this point

18

right now.

19

water -- possibly from their wells, but I'm sure a

20

lot of it comes out of the feeder streams that go

21

into the Colorado River.

22

water promised being, you know, promised to somebody

23

when the water really isn't there, especially if

24

you're looking at the droughts in the future.

25

Well, Naturita has to be getting their

So we're talking about more

But, you know, one of the things that

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really -- it almost maybe slid by.

But when Connie

was talking about the potential for leakage from the

plant, not down to this aquifer some thousand feet

down or 800 or whatever it is, but 20 or 30 feet and

the leakage -- which every tailings ponds I think

that we can imagine has had leakage -- and I have

some examples here in a minute.

some point -- perpetuity is a long way out there,

guys.

But, you know, at

It's beyond what most of us can even imagine.

10

You look at the stars at night, and you try to figure

11

out infinity, well, that's what it is.

12

just that.

13

Perpetuity is

So if this water leaks and goes down 15,

14

20 feet, hits these clay layers or these impermeable

15

layers that she described in her diagram, slides

16

across and goes out into what she called -- I think

17

it was an interesting term -- daylights.

18

daylights.

19

It's at the surface, and it's out there in perpetuity

20

to be rinsed, washed, flooded into at some point a

21

river, the rivers nearby.

22

We look at it.

It

This water is now no longer subsurface.

Maybe it's a small amount.

23

Do you ever really think about how the Colorado River

24

forms?

25

river that we can dilute all this stuff out into.

It doesn't form all of a sudden one huge

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What happens is, it starts as rainwater running down

into gullies, which feed into other gullies, which

feed into the river.

the same thing.

little trickles, little trickles, little trickles

until we have the Colorado River.

Mississippi River.

have all these rivers, and they start with little

trickles.

10

It comes from snow melt doing

It comes from tiny, little springs,

We have the

We have the Amazon River.

We

And when we look at the poisons and we

11

look at the radiation and all the other things that

12

we are putting out on the ground without even

13

thinking just a little amount and these things

14

slowly, slowly, slowly, slowly add up until we have,

15

you know, real environmental degradation and a

16

real -- a real threat to humanity and other life in

17

the world.

18

now where -- we're on the fence where, you know, from

19

our earlier days, things have become a lot more

20

complicated and a lot more -- how would I say it?

21

More threatening, I guess.

22

the things we took for granted, now the nice things

23

have now become threats to us.

24

know how to handle all this.

25

And, you know, we're at that age right

I don't know.

You know,

And we really don't

I just looked online, and I went through

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to kind of look at some of the things that I remember

becoming aware of as a result of this hearing we're

having and how we continue to say that we can contain

and control the emissions, the air emissions, the

water quality, from all these plants and mining

activities, et cetera.

that's more recent, the Shattuck plant up in Denver,

the Shattuck Company, the one that moved their

millings, their waste down into this area to Uravan.

We have -- of course, the one

10

We have that.

11

contained.

12

with it, and we're still look at perpetuity.

13

And that Uravan mill has been

But again, there are still some problems

We have Canon City, of course.

That's

14

been over again and again.

15

some radiation offsite there that's spreading.

16

we don't know how -- you know, it's not a lot, I

17

guess, at this particular time, but it's adding.

18

should -- okay.

19

Summitville, the gold mine was supposed to -- it

20

totally -- it's been a mess.

21

We have White Mesa with

We have Summitville.

And

Remember

The one that really gets me, Libby,

22

Montana, the vermiculite mine in Libby, Montana, with

23

the asbestos.

24

were poisoning and killing people with asbestos.

25

they ran the thing until 1990 before they were made

In 1966 this company knew that they


And

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to shut that down.

billion dollars cleaning up sites.

We have spent in Colorado over a

Bringing this back -- I got a little off

track there.

But with the particular permitting

processing here, we had other issues besides water

and air.

brought up and how this data has been treated to the

point where he thought a lot of the information and

data which is showing we're going to have all these

We had socioeconomic issues which Dr. Power

10

jobs is just -- frankly, if you really look at the

11

data, it's not true.

12

is what he said, by the people putting together the

13

EIA.

14

felt like that absence of good data should negate

15

this whole license, that it should go back.

16

believe his answer was, Yes, we should stop right

17

here because they failed in filling out and taking

18

seriously one of the big parts of the EIA.

19

It wasn't taken very seriously,

And he was asked directly, I believe, if he

And I

One other thing I'd like to -- one other

20

point I'd like to make on that was what I thought was

21

pretty stunning.

22

Mr. Tarlton was up there, and this is where I come

23

from, back in my experience with BLM.

24

asked directly, Do you have enough people in the

25

office in the state, CDPHE, to actually undertake and

But I believe it was when

When he was

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do an analysis or review of an analysis or a

licensing procedure, do you have enough people to do

this with all the other work you guys have, are there

enough people to do this in a good manner, with very

little hesitation he looked up and said, No.

And I could see the frustration, just like

I see the frustration with some of the people I

worked with at BLM, where they are just slammed with

all these gas and oil wells without the people to

10

really look at it to protect the values of society.

11

But they have to rely on the industry, which is in

12

the business to do the profit and a lot of times

13

shortcutting things.

14

saw the same look.

15

overworked, and we're not able to do it.

16

And they have those same -- I


I saw the same look of, We're

So I guess I'll try to end real quick here

17

and I'll say, we really need to look.

18

this right now?

19

taking the uranium -- the Uravan Mineral Belt and has

20

put this whole leasing process on hold because DOE

21

didn't do the EIS as it should have done for all the

22

re-licensing and the approvals of the mining,

23

whatever's taking place over there.

24

example in our local area that didn't do it right.

25

Do we need

We have the DOE over here that's

DOE is an

We have a person that went to prison, Tim

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DeChristopher, to try to stop a well or gas and oil

leases on public lands in our area.

prison for two years.

found out about the studies.

done probably by the BLM because they're under such

pressure to get the gas and oil out of there.

this is a different issue, of course, but it all

comes back down to regulations.

enforced?

He went to

And when he went to prison, we


The EISs had not been

And

How are they

Do we have enough people in the offices

10

that would like to do the job that they should be

11

doing?

12

And I think the answer has been proven

13

time and again in the last decade that we don't have

14

that.

15

to shrink the federal government.

16

are in there, the people who work -- the good people

17

who work to protect us from the unknown in the

18

future, and we're going to shrink this down to the

19

size where we can drown it in a bathtub.

20

where we stand in this country right now.

21

license, if it needs to go back and be done again,

22

what's the hurry?

23

issues that are here in perpetuity.

24

to get this through other than there are a lot of

25

people who put in a lot of time and work and effort,

As Troker Norphis (phonetic) said, we're going


The agencies that

And that's
This

We're talking about environmental


What is the rush

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Energy Fuels, et cetera.

it's the health, the safety, and the environment, and

that is what the State of Colorado is obligated to do

for us, the people and citizens.

letting me speak out.

6
7

But the bottom line is,

HEARING OFFICER:

And I thank you for

15 minutes for lunch,

folks, and then we're coming back.

(Recess from 12:51 p.m. to 1:16 p.m.)

HEARING OFFICER:

10

MS. PHILLIPS:

Benita Phillips.

My name is Benita Phillips.

11

I'm the president of Western Colorado Congress of

12

Mesa County, but I'm actually here as an RN.

13

wanted to just -- throughout these hearings, one of

14

the things that I've noticed is that we haven't

15

really focused in on the singular person, meaning the

16

patient.

17

that people do not react to radiation in the same

18

manner.

19

is contaminated.

20

20 years down the road, and the other one will not

21

have any effect at all.

22

uranium, well, just radiation, an enigma medically.

23

And I

And uranium is kind of an odd thing, in

Two people can be standing in an area that


One will get very sick maybe

So that's always made

I have a little schematic drawing here,

24

and I'll give this to you because it was put together

25

by the Tribal People's Survival.

And, of course,

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this is in regards to the Navajos, who have had a lot

of trouble in terms of uranium and radiation

sicknesses.

is, there are several particles that are called --

one's call alpha, one's called beta, and one is

called gamma.

and they each attack a different part of the body.

8
9

And a couple things I want to tell you

They each have different properties,

What we have failed to talk about here is


that when you are mining uranium, you have other

10

highly radioactive materials that are also

11

accompanying that mining process.

12

women seem to be more susceptible to radiation

13

sicknesses that have to do with their reproductive

14

organs.

15

thyroid.

16

ruthenium, zinc, barium, potassium, cesium,

17

plutonium, which is probably the most deadly of all

18

the radiations.

19

Just for example,

For example, iodine, will attack the


Cobalt will attack the ovaries; krypton,

Then you have women also who have problems

20

with bones because as we get older, women tend to

21

have more osteoporosis than men and so we become more

22

susceptible to small particle radiations: radium,

23

strontium, yttrium, promethium, barium, thorium,

24

phosphorus, carbon.

25

that can affect the body; not just women, but men,

These all have a radiation level

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too.

And I think that's an important thing to think

about because when you have a worker who is in the

mine, it's not like the old days where they take a

pickaxe and go in and they chop the side of the wall

and the ore falls down or the rock containing the ore

falls down.

These people will have to be highly

trained hazmat workers.

have a hazmat rating.

CDL drivers will have to


I've worked in industrial

10

nursing before, in oil and gas, and hazmat training

11

is very intense.

12

here who barely -- some of them barely have a high

13

school education think that they're going to jump in

14

there with their pickaxe, that's not what's going to

15

happen.

16

protection equipment, respirators, and then how to

17

dispose of that equipment once you're done with it.

18

It's very intense.

19

can't learn that, but it's not like it was 30 years

20

ago.

And so when these people around

Hazmat requires deep training and personal

And not that the people here

21

One of the things that's going to happen,

22

though, is with the new Care Act, these workers will

23

either be seeking energy -- Energy Fuels will be

24

seeking insurance for their workers either through

25

the exchanges, or possibly they have an insurance

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policy that's private or self-insured.

But down the line, if there's only -- if a worker

makes just one mistake with his PPE, he could inhale

the uranium down into his lungs and it may not show

itself for at least 20 to 30 years.

we're still discovering people who worked in the

industry years ago and who are now still coming up

sick.

I don't know.

As of right now

And if you don't dispose of things that

10

have radioactive material on it properly, it can be

11

taken home to the families.

12

children are the most susceptible of them all.

13

this is a big thing with the Affordable Healthcare

14

Act.

15

all of us, are going to pay for those workers'

16

insurance down the road once again, only in a

17

different form.

And, of course, the


So

The taxpayers, who are part of the exchanges,

18

Recently there was a program that was

19

given in Grand Junction by Headwaters Economics.

20

It's a nonpartisan economic job analysis organization

21

out of Montana.

22

percent of jobs Colorado has.

23

total jobs in Colorado now are extraction jobs.

24

2.2 percent of Colorado's total jobs now are in

25

alternative energies.

They were talking about how many


Only 1 percent of the

Now, this is a real

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interesting point to be made here because what we are

looking at is we're watching the energy situation

morph.

When I was a kid I lived downwind from the

Hanford area in Spokane, Washington.

My mother had

thyroid cancer and had her thyroid taken out.

grandmother had her thyroid taken out.

of her female organs removed.

I knew in my neighborhood, the women had thyroid

My

She had all

Almost everybody that

10

problems or female problems that had to be removed at

11

a fairly young age.

12

amount of history where things have gone wrong for

13

women.

14

advocate, but that's really what I'm sounding like.

15

So Hanford has a tremendous

And I'm not just here to be a women's

What's going to happen in this area, I

16

predict, is that the women who are nearing

17

childbearing age now, if this mine is opened up and

18

if there's any of the radioactive material that is

19

caught by the wind, either inhaled, or in some cases

20

like the beta will actually go through the skin.

21

will go to the -- it could go to their female organs,

22

and they'll become sterile or they'll have to be

23

sterilized because of cancers.

24

effect is really difficult to prove.

25

anecdotal years of studying this that when people who

It

The exact cause and


But we know by

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are susceptible to this are exposed to radiation,

this is what happens to them.

I think we have to stop and think about

patient advocacy.

We have to think about the

individual person.

last job, actually, was in the Veterans Hospital.

And a lot of those guys came back from World War II,

from the Korean War, and from the Vietnam War, and

they were exposed to, especially the guys in Vietnam

10

were exposed to horrendous things like Agent Orange.

11

And I don't know if at that time they were using

12

depleted uranium munitions, but we know that that's

13

happening in Iraq.

14

and we have to care for these veterans.

15

nothing that is more profound than to have the honor

16

to care for somebody who is in such need that their

17

next breath is so hard for them to take that all you

18

can do is just stand there and put pillows under them

19

and say, okay, breathe deep.

20

all that gets them through to the next breath.

I've taken care of a lot of -- my

And these people are coming back,


And there's

And sometimes that's

21

I think we have a responsibility here not

22

just to Energy Fuels, not just through the CDPHE who

23

actually make the statement that they're here to

24

serve the people.

25

these kinds of things, that they are totally

We have to make sure that if we do

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contained.

mine.

what it's like to care for people who have been

exposed and have gone through the horrendous lifetime

work of trying just to stay alive.

That's not up to me to decide.

6
7

HEARING OFFICER:

But I know

Is Eric Niederkruger in

the room?

8
9

I personally am against opening this

MR. NIEDERKRUGER:

Hello, everybody.

hope all of you are well and healthy.

I appreciate

10

people taking the time to come out and talk and

11

hopefully listen.

12

be hopefully absorbed by the people of Nucla as well

13

as yourself, as you make a difficult decision.

14

I live in Grand Junction.

A lot of my remarks are going to

I was raised as

15

an Air Force brat.

I don't have any actual hometown

16

because I moved all over the country and literally

17

all over the world.

18

I love it, not because I have to.

19

most of the people in Nucla can understand loving

20

where you live.

21

veteran.

22

accept it.

23

sometimes gives me time to work on issues that are

24

important to me such as uranium mining and milling.

25

The point is, I'm not just some long haired, bearded,

I live in Grand Junction because


And I'm sure that

I'm also a disabled American

I don't care much for my disability, but I


An unintended benefit is that it

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can't-get-a-job, out-of-town troublemaker.

human being, and so is everybody here.

we forget this humanity.

clumsy attempt to discuss this issue with dignity and

respect.

I'm a

All too often

Please accept my humble and

Most of my mom's family worked in the

Pacific Northwest as loggers.

Most of them now live

in very economically distressed towns with very high

unemployment.

Their jobs are gone, virtually

10

forever.

11

hippies or the spotted owl or even the EPA.

12

because major companies like Weyerhaeuser and Boise

13

Cascade clear-cut all the forests.

14

big trees to cut.

15

got fired because Japanese ships developed the

16

technology to take raw logs in the U.S. and deliver

17

milled lumber in Japan.

18

The jobs did not disappear because of


They did

There are no more

And years before that the millers

I'm just making the point with the

19

connection of a similar issue.

Their jobs are not

20

gone because of outsiders.

21

the disrespect and the company's greed.

22

argue with my uncles and nephews about clear-cutting.

23

They knew they were destroying the forest, but they

24

also knew that their small town life offered few

25

other opportunities.

They're gone because of


I used to

They were caught between a rock

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and a hard place.

They really resented the squeeze.

in real desperate times because who wants to vacation

or recreate in a clear-cut.

And they're not stupid, either.


Nowadays they're

So today I'm in Nucla talking about

uranium.

What do we know about uranium, in general?

We know that uranium will kill some miners and

millers with a slow, suffocating disease which only

deteriorates with time.

Nobody knows more about this

10

than the old-timers in the area: cancers, leukemia,

11

birth defects.

12

most people.

13

serious medical problems.

14

don't is in denial or is ill informed.

As I said, you know it better than


Everybody in the room knows about the
Anybody who says they

15

Another thing you all know is that mining

16

companies don't stick around through the hard times.

17

From what I understand, Nucla understands hard times

18

when the mining industry pulls out.

19

that when this company pulls out, they will find

20

there's not enough money to be made on uranium and

21

they'll leave.

22

This Canadian company is already in danger of running

23

out of time on their permit.

24

company just wants to build a mill and turn around

25

and try to sell it right away.

Make no mistake

Uranium is already a hard dollar.

Some suspect this

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Mining companies are notoriously fickle.

Reality is made up of those things that don't go away

just because you don't like them.

that the vast majority of Americans do not want to

live or recreate around a place that has radioactive

material around.

actually prefer not to live intimately with radiation

either.

watch virtually your whole graduating class disappear

The reality is

I believe many West Enders would

I understand how difficult it is, though, to

10

for lack of employment just because there's no jobs.

11

So I understand, after seeing the clear-cuts also,

12

that tourists and retirees go away and don't come

13

back.

14

I just want to say good luck to everybody

15

here.

It's a difficult decision that you're making.

16

I hope everybody from Nucla and all the concerned

17

people and yourself, Your Honor, are guided by all

18

the things you have heard so far.

19

much, and God bless.

20

HEARING OFFICER:

21

MS. PARKER:

Thank you very

Robyn Parker.

Hello.

Thank you for the

22

opportunity to speak today.

I grew up in Canon City.

23

For a few years, my mom was a teacher at my

24

elementary school.

25

transferred to a different school on the other side

Fortunately for her, she

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of town after just a short time.

teachers who spent several years at that school got

cancer, and most are dead now.

City is home of the Cotter uranium mill, which has

been a Superfund site for 36 years.

this time, no one knows how to go about cleaning up

my old community.

8
9

Every one of my

As you know, Canon

And after all

I am here today as a concerned citizen but


mostly just as a mother.

My generation and those

10

before me have taken and taken from our children and

11

grandchildren.

12

polluted water, polluted food, polluted air, and

13

polluted land.

14

have even altered the climate.

15
16
17

We are leaving them with a legacy of

We have destroyed so much that we

HEARING OFFICER:

Slow down just a little

bit.
MS. PARKER:

None of us can do anything

18

about any of that.

It's the responsibility of future

19

generations.

20

children reason to hope.

21

bombs and unsustainable, destructive power plants.

22

We don't need it.

23

harm people and the environment.

24

uranium mill tells future generations that we do care

25

and are willing to take personal responsibility for

We have an opportunity now to give our


Uranium is used to make

It serves no purpose other than to


Saying no to the

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our actions and our energy needs.

much, too much, from our children.

least we can do is -- surely the very least we can do

is to say no to uranium development and leave our

children with cause for hope.

HEARING OFFICER:

We've taken so
And the very

Thank you.
Is there anybody else in

the room that hasn't made a comment that wishes to

make a comment this afternoon?

this at some point.

And I will reopen

10

Can I get you to sign up.

11

MS. ROBERTS:

12

there.

13
14

I've already signed up back

HEARING OFFICER:
and get it.

Let me walk back there

Sorry about that.

15

Margo Roberts.

16

MS. ROBERTS:

Go right ahead.
My name is Margo Roberts,

17

and I am a Naturita town board member.

I'm not here

18

representing our town board.

19

experience that I go through every day of having to

20

explain to people what's going on with our mill.

21

People are concerned.

22

reporter during the Umetco hearings.

I had to

23

investigate both sides of the story.

I spoke with

24

people who were for and against, and I had to get an

25

education on how uranium was cleaned up at that time.

I'm here based on the

They want jobs.

I was a

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I've heard many people express concern on how uranium

is transported.

packed in a ceramic-lined, steel drum within cement

blocks so there's no risk of a hazardous waste spill

in transportation.

As I understand it, uranium is

I have to say it upsets me greatly when

people get up here and disparage the intelligence of

our residents by insinuating that we don't have

educations.

I have worked as a journalist.

I have

10

worked as a substitute teacher.

11

corporations and amusement parks.

12

have to do to make a living, as does the rest of the

13

residents of this community.

14

people look down at us like we don't know what we

15

want for ourselves.

16

I have managed large


I do whatever I

And it upsets us when

The people in this community are also the

17

same families that were here during the mining prior,

18

30 some years ago.

19

uranium.

20

mill to be built in 30 years.

21

new regulations that were not in place 30 years ago.

22

This is a new mill, not an old mill that's been in

23

business for decades.

24

clean slate.

25

willing to meet all the requirements.

We do know the dangers of mining

However, we're also aware this is the first


There's going to be

They're starting out with a

I understand the Energy Fuels is

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Let me go over my notes here real quick.

I've heard suggestions on what we should do.

And I

guess the people that make suggestions of what we

should do haven't spent more than 15 minutes in our

community.

that are trying to fight this mill are also fighting

our water use.

have access to water.

Naturita, and I can't even have a yard because I

They're not aware that the same people

It's very hard to farm when you don't


I have a home that I own in

10

can't afford the water, and I can't take it out of

11

the river.

12

Farming has changed a great deal in the

13

last decade.

14

the age of 18 on family farms.

15

community.

16

to start a farming business.

17

tourism that we seem to be getting these days is

18

protesters.

19

As a town board member, we encourage businesses to

20

come in all the time.

21

one of the first questions we ask a business:

22

you coming in hopes that the mill may open because we

23

don't even know if we can expect that.

24
25

Children are not allowed to work under


That hurts our

We don't have the money.


Tourism?

It takes money
The only

We would like to build our community.

As a matter of fact, that's


Are

I've watched this community dwindle in the


last 20 years.

My husband and I were married here in

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1988 at the Assembly of God Church right down the

road.

entire families disappear.

used to be.

We're trying to succeed here, and we're doing

whatever we can to make that happen.

feel like people have sat against us to stop us from

succeeding.

We have watched people leave.

We've watched

It's not the community it

It's very tiny, and we're suffocating.

And we just

We are not building a nuclear power plant.

10

I just would love people to understand that.

11

has other uses.

12

of my family who are not from this area, born and

13

raised in California, that both died of cancer.

14

Without uranium, without radioactive materials,

15

cancer cannot be diagnosed, and it cannot be treated.

16

Thyroid cancer specifically, they use radioactive

17

iodine in the imaging.

18

Uranium

I personally have lost two members

Let me go over my notes here.

Our present

19

revenue sources are seasonal.

We have hunting, which

20

only occurs in the fall and some in the spring.

21

have our road and power crews.

22

mine.

23

We have Waste Management, which is the dump, and we

24

have our schools.

25

Gateway.

We

We have our coal

We have our power plants for the time being.

We don't want to become the next

We don't want to be a resort community

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ghost town.

this town to get to the resorts.

recreation, recreation, recreation.

things to offer in the way of recreation.

agricultural, which is our cattle and our hay.

Because people are only coming through


All I hear is
We have very few
We have

I'm just going to sum this up and say in

my opinion, I feel these advocacy groups are using

fear mongering based on ignorance to alarm the public

regarding our uranium mill.

I think their

10

information is outdated and has no bearing on the

11

safety measures required for this permit.

12

to thank you for your time.

13

HEARING OFFICER:

And I want

Anybody else in the room

14

who hasn't signed up who wishes to offer public

15

comment?

16

AUDIENCE MEMBER:

I haven't signed up yet.

17

HEARING OFFICER:

There's sign-up sheets

18
19
20

by the door.
Are there individuals on the telephone who
wish to offer public comments?

21

MS. HEAD-DYLLA (via phone):

22

HEARING OFFICER:

23

MS. HEAD-DYLLA (via phone):

24
25

Yes, sir.

Can I get your name.


Candace

Head-Dylla with Bluewater Downstream Alliance.


HEARING OFFICER:

What's your last name,

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again?

2
3

MS. HEAD-DYLLA (via phone):


H-e-a-d hyphen D-y-l-l-a.

HEARING OFFICER:

MS. CUNNINGHAM (via phone):

Cunningham from Canon City for Colorado Citizens

Against Toxic Waste.

8
9

HEARING OFFICER:
right.

Sharon

Anybody else?

All

Ms. Head-Dylla, is that how you say it?

10
11

Anybody else?

MS. HEAD-DYLLA (via phone):

Head,

H-e-a-d, like the head on your shoulders, Dylla yeah.

12

HEARING OFFICER:

Okay.

Go ahead.

13

MS. HEAD-DYLLA (via phone):

Thank you,

14

sir.

15

Judge Dana so you'll receive a copy of these.

16

my name is Candace Head-Dylla.

17

Homestake/Barrick gold Superfund site near Milan,

18

New Mexico.

19

extracted in the U.S. in the last hundred years was

20

mined and milled in New Mexico, much of it in the

21

region north of Grants, where I live.

22

previously known for our carrot crops.

23

fertile valley has become one of the most

24

contaminated areas in New Mexico.

25

We're sending these comments electronically to


Again,

I live near the

About half the uranium that was ever

We were
But this once

Residents of Murray Acres, where I live,

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Broadview Acres, Felice Acres, Valle Verde, and

La Siembra Estates, we all moved to the valley to

pursue agricultural and rural lifestyles.

been exposed to unsafe drinking water, windblown

contamination.

promises us to clean the contamination have been

broken, resulting in plummeting property values and

ongoing health concerns.

about to happen to this very beautiful area if the

But we've

And we've watched as industries

And we fear the same is

10

Pinon Ridge uranium mill is built in Western Montrose

11

County in Colorado.

12

I spent a lot of important summers of my

13

childhood nearby in a little town called Olathe, and

14

I do care about your part of the country.

15

found is that we've watched a very fertile and

16

industrious agricultural community where I live --

17

it's fast becoming a wasteland because one aquifer

18

after another has been contaminated with pollutions

19

from a uranium mill tailings site located nearby.

20

Generations of our farmers and ranchers are losing

21

their ability to continue their lifestyle as a result

22

of not only the contamination but also the radon that

23

continues to soak our homes.

24
25

What we

And we really believe that a mill in


Paradox Valley is going to change your community

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forever.

We're a small, working class community.

can assure your folks in Paradox Valley that when

they find out that the company's promises were lies

and when the jobs play out and they're left with just

the contamination, there won't be any government, no

regulators, no one willing to hold these corporations

accountable.

50 years.

conservatives to the so-called progressives, no one's

We have fought this problem for over

And no matter who's in office, from

10

willing to stand against the army of lawyers that

11

these companies can and will throw at you.

12

We

We looked at the analysis by the Colorado

13

Department of Public Health and Environment.

There

14

seem to be flaws in the application.

15

the case.

If permitted these problems will only

16

increase.

Our experience shows clearly that the

17

Nuclear Regulatory Commission might as will be an

18

organizational unit within the uranium and nuclear

19

corporation.

20

protect just ordinary citizens against the technical

21

experts and the attorneys that these companies can

22

amass, and they make the most unreasonable project

23

appear reasonable.

That's always

The state regulators do nothing to

24

One would think that our experience -- we

25

have uranium mill tailings situated in a flood plain

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near seismic activity.

aquifers.

past.

adequately analyzed either for the potential for

water contamination and long-term impact.

community relies on its clean air and water just as

ours did.

draw lessons from the experiences that we've had, and

you could change the course of your community to a

10

It's over five critical water

You'd think that would be something of the

But this proposal we feel like has not been

Your

The difference is that you could learn and

more promising future.

11

We're left right now to struggle with a

12

situation that wasn't our choice and over which we

13

have very little control.

14

our community.

15

My daughter recently came to town.

16

in my house because she's pregnant, and there's a

17

real concern about the level of radiation to which

18

she's be exposed.

19

are dead.

20

result of their exposure.

21

us that you would even consider this, knowing what

22

we've been through.

23

No one wants to live in

No one wants to visit our community.


She couldn't stay

Many of our friends and neighbors

They're sick, and they're dying as a


And it's just a shame to

Many of our members were former uranium

24

miners.

Two of them are experienced mine engineers

25

and managers.

And all of them agree that the methods

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have not improved significantly enough to alter the

effect of a mill like this on the local community.

Our whole county knows what it's like to put all our

economic eggs in one basket and then have the market

crater and be left with the stigma and the very real

contamination problems that now plague our community.

The state took the companies' severance

taxes, but we can guarantee you that they're not

around to help us with cleanup.

There's an economic

10

analysis that I'll send in the testimony I send to

11

you.

12

$124 million mine mill complex in Crownpoint,

13

New Mexico, back in 1980.

14

60 cents a gallon, and diesel was 50 cents a gallon.

15

In that market the plan required uranium to be

16

running about $35 a pound to make a profit.

17

diesel are now much higher.

18

six times more money for some of the major costs of

19

operation, it's going to take considerably higher

20

prices to produce a profit.

21

means the price of uranium may need to be well above

22

the $100 a pound mark to make mining profitable.

23

But my dad did a feasibility study for a

And at that point gas was

Gas and

And if it takes five to

Five to six times $35

We conducted an analysis using some real

24

conservative figures in 2008, and at that time the

25

producer price index showed mining industry prices

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had increased from 1984 dollars by at least almost

three times, which would put the price for a profit

at $104 a pound.

it's not economically feasible at this point.

of the things that we think is that communities are

being sold a bill of goods and that right now the

chances of mining uranium are not that great.

going to need to be well above the $100 a pound mark

to make it profitable.

10

So what we're saying, basically, is


So one

It's

But this gets worse because in the 1940s

11

and '70s, there was a large workforce of trained

12

miners.

13

operation in the U.S., and these miners aren't

14

readily available.

15

environmental regulations in other countries have

16

caused many of the big mining companies to move

17

overseas.

18

are going to need to be really high to attract

19

workers to what's clearly a dangerous and hazardous

20

job.

21

hire guest workers, which may mean taxes, but it

22

certainly doesn't equate to higher paying jobs for

23

Colorado citizens.

24
25

And now few underground mines are still in

This fact and the less stringent

To maintain a workforce in the U.S., wages

This increases costs.

The other option is to

And another good question that we think is


important for this analysis is, is this a job you

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want for yourself, for your own son or daughter or

other family member?

have a lot of evidence that we could provide you

concerning the dangerous and hazardous conditions

that were in effect post '71 when the supposedly

safer and more enlightened policies took effect in

mines.

that's not even to mention the 112 men that were

killed outright in our community from 1949 to 1984 in

10

And if you think so, then we

And we think we might change your mind.

And

New Mexico mines.

11

Bluewater Valley Downstream Alliance is a

12

core member of the Mesa Alliance, the Multicultural

13

Alliance for a Safe Environment.

14

licensing of the Pinon Ridge mill.

15

mill would cause even more pressure for mining in our

16

region where people are already suffering.

17

extent of contamination in our region is not yet even

18

known.

19

the associated environmental and health problems.

20

We oppose the
Licensing this

The full

It's going to take centuries to fully address

Other groups have shown that the EIA for

21

this proposed site does not meet the basic

22

requirements of Colorado's regulations.

23

consider our experiences and understand that if you

24

license the Pinon Ridge uranium mill, there will come

25

a time you bitterly regret this decision; if not you,

Please

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then future generations who will suffer from your

decision and will hold you responsible.

choose a different legacy for this beautiful valley

and for the futures of the people who call it home.

Thank you very much.

HEARING OFFICER:

MR. ALGER:

Please

Mr. Alger.

I don't claim to be an expert,

and I'm not affiliated with any organization either.

I'm just a concerned citizen.


It's my home.

I live here.

I love

10

Colorado.

Anyway, so one of the

11

places that I looked for my information was the

12

Nuclear Regulatory Committee.

13

that they -- well, first I wanted to find out, well,

14

what exactly does a uranium mill do.

15

gotta truck uranium in.

16

have to go by rivers.

17

the testimony that it could fall into those rivers,

18

and then what do we have?

Okay.

And one of the things

And so we've

And it's going to

And I'm sure you've all heard

19

So we truck this uranium in, and then it

20

gets pulverized and it gets extracted using a bunch

21

of different chemicals.

22

waste.

23

in Colorado, are in remediation now, which means

24

they're in the process of being shut down and cleaned

25

up.

And a lot of that is toxic

Most of the sites, the uranium mills that are

And one of the things that struck me was, well,

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why do we want to make another Superfund cleanup

site?

We're already cleaning up all the rest of

them.

We've got something like an 800,000 year

life-span of this stuff, and it's supposed to be

protected with these layers of plastic.

doesn't seem safe to me.

around for less than 250 years, and it's hard for me

to imagine 800,000 years.

ourselves from this?

10

Somehow that

Our country's only been

How do we protect

I also think that, yeah, this area has

11

been hit harder than a lot of areas for jobs.

12

there's a lot of sun out here.

13

solar power going out here instead of looking into

14

the past for this very toxic stuff?

15

already surpassed a billion dollars in cleanup of

16

uranium mills, okay, so far.

17

building yet another one.

18

over a geological fault.

19

But

Why can't we get some

Now, we've

Now, that's not with

This one's supposed to go

I don't know how we're going to keep all

20

the water -- we saw last year the drought that we had

21

that lasted halfway through the summer.

22

water's supposed to protect us from this stuff

23

turning back into dust and blowing around, okay,

24

which it does.

25

The dust that blows around this area sometimes comes

And the

It turns into dust and blows around.

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from hundreds of miles.

happens involving this is not going to only -- it's

going to cost jobs in the whole region because we're

going to have a poisoned area, and tourists aren't

going to want to come here.

Any tragedy or accident that

And I know we say, tourists, tourists.

Look, I'm a construction worker.

I don't make a lot

of money, and I'm not immune to unemployment.

been unemployed for six out of the last 12 months.

I've

10

These hard times, they hit all of us.

But we have to

11

look forward.

12

don't know.

13

What are we going to do with all the stuff that's

14

already here?

We can't keep looking back.

And we

What are we going to do with this stuff?

15

Another thing that I found in looking on

16

the Nuclear Regulatory Commission site is, they say

17

the Uranium Mill Tailings Radiation Control Act of

18

1978 was set up to deal with the waste.

19

things it says is, does the DOE, the Department of

20

Energy, or the pertinent state deal with the costs of

21

this.

22

then after we get these jobs, are we on the hook for

23

however many millions of dollars, the State of

24

Colorado, for the remediation of this waste?

25

One of the

And it's not specified in either place.

So

So I just wanted to come and say this is a

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bad idea.

Let's look forward, Colorado.

to a green Colorado, a healthy Colorado.

home.

HEARING OFFICER:

MS. CUNNINGHAM (via phone):

Let's look
I love my

Ms. Cunningham.
Yes.

My name

is Sharon Cunningham.

I'm from Canon City, And I'm

cochair of Colorado Citizens Against Toxic Waste.

We've had extensive experience over 10 years, some of

our members as many as up to 50 years, studying this

10

industry and radioactivity and how much can go wrong,

11

as we live next to the Cotter uranium mill.

12

Energy Fuels application is really theory.

13

estimating what may happen.

14

live the reality of what can happen at a uranium

15

mill.

16

The
They're

And what we've done is

I've heard many claim that there are new

17

laws and regulations that will result in a new and

18

improved uranium mill in your area.

19

that, in the last decade at the Cotter mill we've

20

seen, unfortunately, what we feel is lax regulation

21

enforcement, and we've seen very long delays in

22

identifying contamination and in requiring

23

remediation; in some instances, up to 30 years in

24

delays.

25

state resources to provide enough staff to the health

But contrary to

We strongly believe this is due to a lack of

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department's radiation management unit.

Right now in our area, there's an

estimated 1 billion gallons of contaminated

groundwater and a million tons of contaminated soils

where Cotter has proposed very minimal and no active

cleanup of groundwater.

100 times more uranium in the soil than was left at

Uravan.

the health department.

10

And they've proposed leaving

And so far we've not seen an objection by

Unfortunately, problems come after the

11

contamination.

12

issues, but today I'm just going to speak to a couple

13

of points in Energy Fuels' environmental report and

14

the health department's EIA and will submit a written

15

comment by E-mail.

16

Section 4 of the environmental report on economic and

17

social effects are what we're concerned about.

18

Colorado Statute 25-11-203, Section 2 VI requires an

19

analysis of the benefits of the proposed application

20

against environmental costs and social effects.

21

it is that area we feel has been covered very

22

deficiently.

23

Our first comment letter covers these

Specifically, Section 7 and.

And

The economic and social effects that are

24

covered in Energy Fuels' environmental report only

25

consist of six pages.

And the health department's

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EIA covers it with a half page, both claiming that

these impacts are hard to quantify.

both largely skip over this requirement by statute.

These few pages are devoted mainly to monetary and

economic benefits and greatly ignore the negative

impacts.

And then they

In contrast, between 2002 and 2005,

Cotter's license renewal environmental report was

required to address noneconomic impacts, social

10

effects.

11

Cotter and a scientific survey by RFI of Durango and

12

some other studies.

13

impact to real estate values is largely ignored in

14

this, and it ignores the far future impacts from the

15

Pinon Ridge mill.

16

And that resulted in a real estate study by

The radioactive waste disposal

In Section 4 they really limit any

17

discussion about damage to agriculture framed around

18

only a loss of acreage.

19

research that's out there on stigma that could impact

20

either organic farming, ranching, or farming in the

21

area.

22

only two to three sentences, and it discussed hunting

23

and fishing, ignoring the impact from stigma, again,

24

to other forms of recreation.

25

And it really ignores any

Also in Section 4, the recreation impact was

And no research was offered in either

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document to back up these opinions.

All of the

claims about social effects and noneconomic impacts

cite no studies to back up the opinions expressed by

Energy Fuels or the health department, though there

is a lot of research available.

Once the mill is constructed, operating,

and disposing of radioactive waste, there will be a

permanent stigma impacting future growth in the

valley due to the long radioactive life of materials

10

that will remain in the impoundments forever.

And

11

despite the claims in these two documents about

12

noneconomic impacts, radioactive waste disposal does

13

have a quantifiable, definitive, and negative impact

14

on property values, tourism, economic development,

15

housing investment, and the psychology of the people

16

and social cohesion in a community.

17

There is a substantial body of research

18

and information that should have been used in EF's

19

assessment and the health department's EIA, but it

20

wasn't.

21

license renewal in 2005 a three-inch stack of printed

22

studies from universities and real estate research on

23

social and economic impacts from radioactive waste

24

facilities.

25

time, claimed that potential economic and social

We provided, our group, during Cotter's

Energy Fuels, just like Cotter at that

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consequences are not quantifiable.

Though absolutely

possible to quantify, there was no effort by Energy

Fuels in this document or the health department.

That's understanding from Energy Fuels.

the health department.

the research is out there.

such research in this decision analysis and their

EIA.

provide evidence of their claims of no impacts.

But not from

The health department knows


They should have included

And they should have required Energy Fuels to

10

Also something that our group, as we read

11

the EIA, was disturbed by were a number of errors and

12

misrepresentations in the state's EIA when

13

referencing experience at the Cotter mill.

14

was that doses to employees came down since the 1990s

15

at Cotter.

16

mention that Cotter's lab was shut down in mid 2000s

17

for deficiencies, and they had numerous violations

18

for issues around how they calculated employee dose

19

erroneously for ages.

20

operating shortly after this was corrected.

21

That's on Page 120.

One claim

But they failed to

And then they stopped

A few examples of half truths leaving an

22

erroneous impression was one on Page 140 where the

23

state claims that the ATSDR's draft public health

24

assessment found no health risks.

25

to tell you is ATSDR's conclusion that there would be

What they failed

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a risk if people drank from their wells.

way there would be no risk was if people didn't use

their wells.

controls that prevent anyone from using their wells.

So the only

And there are no strong institutional

On Page 185 the state claimed they stopped

Cotter from receiving waste from Sequoyah Fuels in

Oklahoma, which was a half truth.

second shipment but not the first shipment of equally

similar, dangerous, and inappropriate material to be

They stopped the

10

processed and disposed.

11

claim that Cotter funded 2 million in community and

12

environmental improvements, which leaves a false

13

impression.

14

Court decree to pay for environmental damage, but it

15

didn't go to repair any damage like water wells.

16

Instead, it funded a river walk and a local park

17

outside the immediately impacted area.

18

And then on Page 168 they

That money was required from Cotter by

Basically our group has fought for ten

19

years for transparency and public participation, and

20

we encouraged our community to support three House

21

bills that would improve the public's rights.

22

I'm disturbed by currently is how inconsistently the

23

health department has applied the laws for public

24

participation.

25

license hearing in 2003, we requested an adjudicatory

What

During Cotter's first required

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hearing like you're having right now on Cotter's

application, and we were refused.

full-blown adjudicatory hearing.

license was submitted and Cotter appealed in 2005, we

did have a hearing like this.

this situation, the whole process is reversed.

We did not have a


After Cotter's

But, you know, now for

And what's confusing about it is that

there have only been two uranium mill license

proposals or renewals in Colorado in a decade so it

10

completely surprises us that there can't be some

11

consistency.

12

and isn't required.

13

straight based on CDPHE's use of their discretion to

14

change the rules of the game which, in our opinion,

15

is often not to the public's advantage.

16

The public is confused about what is


We can't keep our rights

Also, there was a difficulty in preparing

17

these comments for this hearing exacerbated by the

18

fact that changes were made after the environmental

19

report and the EIA documents came out and public

20

comments came out.

21

revised ER or EIA provided.

22

discover what those changes were was to wade through

23

dozens of documents submitted in 2010, '11, and '12.

24

There really should have been a revised ER and EIA

25

for us to comment on.

There's been no comprehensive


And the only way to

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Before the health department finalizes a

license proposal for the Pinon Ridge mill, we

strongly request that a revision of the ER and EIA be

required incorporating all the changes since 2009 and

a revision that also would require a serious

addressing of the noneconomic, environmental, and

social effects as required by the Colorado statute.

And I thank you very much for being able

to give this comment.

10

HEARING OFFICER:

Is there anybody else on

11

the telephone that wants to make oral public

12

comments?

13

room now that wishes to make oral public comments?

14

Is there anybody else in the back of the

Okay.

For the moment we've beaten this

15

horse dead so let's take ten minutes and then figure

16

out where we're going to start with evidence from the

17

lawyers.

18

o'clock, 3:15, at some convenient break point I will

19

ask that same set of questions.

It's about 10 after 2:00.

At about 3:00

20

(Recess from 2:11 p.m. to 2:26 p.m.)

21

HEARING OFFICER:

22

MR. STILLS:

23
24
25

Who's next?

I believe we have Frank Filas

coming up on cross.
HEARING OFFICER:
previously sworn.

Mr. Silas has been

We're going to have Mr. Stills on

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cross-examination, if I understand this correctly.

MR. STILLS:

Yes.

FRANK FILAS,

being previously duly sworn in the above cause, was

examined and testified as follows:

CROSS-EXAMINATION

7
8
9
10

BY MR. STILLS:
Q

I appreciate

getting a chance to chat now and follow up on or do


my cross-examination now.

11
12

Good afternoon, Mr. Filas.

Let's just jump right in.

You testified you're an employee of Energy


Fuels Resources Corporation; is that correct?

13

That's correct.

14

And you work closely with Steve Antony?

15

Yes.

16

And Mr. Antony is currently your direct

17

supervisor; is that correct?

18

Correct.

19

And Mr. Antony has not attended these

20

hearings correct?

21

Correct.

22

Is he here today?

23

No.

24

And Mr. Antony reports to the Energy Fuels

25

board; is that correct?

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Yes.

And in the chain of command you don't

report to anyone else but Mr. Antony?

That's correct.

I suppose the board could reach down, but

6
7

as far as chain -A

Right.

I obviously work with a lot of

people.

me, but I do report directly to Steve.

10

And some people are at a higher level than

Okay.

And the board ends up making the

11

final decisions concerning the proposed mill; isn't

12

that correct?

13
14
15
16
17
18
19
20

You know, I'm not sure how that works.

I've never been to a board meeting.


Q

Okay.

And before Mr. Antony, you reported

to George Glasier?
A

I reported to Steve, and Steve reported to

George.
Q

Okay.

Did you also take your direction

from Gary Steele?

21

No.

22

Was Gary Steele someone in the company

23

that provided you information?

24

Occasionally, not very often.

25

Okay.

And Mr. Steele has left Energy

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Fuels; is that correct?

No.

Okay.

Gary is still with us.


My mistake.

And during the time that the mill

application was being prepared, Mr. Antony was among

the people helping make budgeting decisions for the

corporation; is that correct?

Correct.

And as supervisor, he approved the budgets

10

for the parts of the project that you worked on?

11

Yes.

12

And you made day-to-day decisions based on

13

the budget provided in the discovery responses that

14

you certified during this proceeding?

15

I made what?

16

I'm sorry.

17

apologies.

18
19
20

Please repeat the question.


That was a long question.

You provided budgets as part of the


discovery responses that you sent us?
A

I would provide budgets to Steve, and then

21

these budgets usually were adjusted along with

22

everybody else's budgets as part of usually a

23

six-month type of budget review.

24
25

My

Okay.

And those budgets guided your

day-to-day decision-making?

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To a certain extent, yes.

Okay.

And as an engineer, your job is to

bring the project into fruition on time and on

budget; is that correct?

To the extent I can.

And as an environmental permitter, the

same thing?

fruition on time and on budget, correct?

Your job is to bring the job into

You do your best.

10

And in 2008 Energy Fuels adopted a capital

11

preservation strategy; is that correct?

12

Yes.

13

And as part of that capital preservation

14

strategy, your ability to use outside contractors to

15

prepare the application was restricted; is that

16

correct?

17

I would say it was reduced.

18

Reduced, okay.

And at that time was the

19

ability to carry out the day-to-day handling of the

20

budget linked directly to whether or not Energy Fuels

21

could remain a going concern?

22

Well, first of all, I think we probably

23

need to define "going concern" because it does

24

have -- our parent company is a Canadian corporation.

25

And according to Canadian rules, if you reach a point

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where, based on your spending, you cannot guarantee

to your investors that you have enough money for the

next 12 months, then you have to make a statement in

your quarterly report to the effect.

me exactly what it is, but something to do with

there's some concern as far as being a going concern.

There's a definition attached to it.

financial person so I don't know exactly what that

definition is.

10

And don't ask

And I'm not a

But I say that because for people sitting

11

out there that are laymen, they might say, oh, you're

12

not a going concern.

13

we are required to report that, if we get into that

14

circumstance.

15

It has a legal definition, and

But during the period when there was a --

16

you weren't able to use as many outside contractors,

17

there was some question about being close to that

18

line, whatever that line was; is that correct?

19

20
21
22
23
24
25

Yes.
HEARING OFFICER:

Did you say a date that

went with that?


Q

(By Mr. Stills)

During the period of

2008, 2009, 2010 would be the period.


A

There was some point in time in there that

there was -- I understand one time where that was a

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2
3

concern, yes.
Q

Okay.

Perhaps this document will refresh

your memory as far as the date when that began.

4
5

I don't remember the exact dates.

HEARING OFFICER:

I'll have to look at the

numbers.
Q

(By Mr. Stills)

That was November 2008,

about the time when the capital preservation strategy

went into effect?

Uh-huh.

10

Okay.

11

Would you agree that radiation

emitted from uranium ore is a human health hazard?

12

It can be.

13

Do you agree that the radiation emitted

14

from the uranium ore that is involved with this

15

project is a human health hazard?

16

It potentially could be.

17

Do you know whether or not the radiation

18

emitted from the uranium ore involved with the Energy

19

Fuels project is a human health hazard?

20

Under certain circumstances, it can be.

21

Under the circumstances in which Energy

22

Fuels is going to carry out this project, do you know

23

whether radiation emitted from the uranium ore is a

24

human health hazard?

25

If you're talking about a stockpile of ore

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at the mill, it would be a very low, very low hazard

compared to other things.

Are there any situations where the

radiation emitted from the uranium ore would be a

more increased human health hazard?

Yes.

Of course it would be if, for

example, you were mining this ore underground like

historically the miners did with poor ventilation or

no ventilation.

It would be a very high human health

10

hazard, just as radon can build up in the basement of

11

a house.

12

hazard.

13

circumstances, uranium ore can be a health hazard.

14
15

Then it becomes a much higher health


And so that's why I say under certain

But even in a stockpile, it could be a

health hazard; is that correct?

16

It's a very low level health hazard.

17

Do you agree that the radiation emitted

18
19

from yellowcake is a human health hazard?


A

Yes, it can be.

Again, it's how you

20

handle the product.

You can have drums of yellowcake

21

that sit for a long period of time.

22

period of time, you can build up more radiation.

23

other thing, obviously if you inhale yellowcake, it's

24

an alpha emitter, and that can be a health hazard

25

under those circumstances.

And after a long


The

So they are all potential

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health hazards.

that determines at what level that risk is.

It's how you deal with the material

And alpha emitters, those are components

of the ore that are particularly dangerous; is that

correct?

If inhaled.

And that can attach to dust, those alpha

emitters?

Certainly.

10

And do you recall during your testimony

11

comparing the radiation hazard at the mills to the

12

hills around -- the radiation levels that you would

13

encounter in the hills around the mill?

14

Certainly.

We explained to folks during

15

our presentations that we're looking at a background

16

radiation level in the area for a year of about

17

450 millirem per year.

18

modeling that -- and this would be at the property

19

line that you're looking at an incremental dose above

20

that.

21

certain level -- I think typically we were looking at

22

about 10 millirem per year.

23

And we explained also through

But it would not be -- it would be at a

But encountering the hazards from ore in a

24

mill is very different than encountering an outcrop

25

of the Morrison formation; isn't that correct?

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Yes.

Now you're talking about within the

mill, whereas when I was explaining this I was

talking about offsite exposure of the public.

But if someone were to be listening to

your presentation, they could think that you were

talking about the exposure inside the mill; isn't

that right?

Not necessarily.

at the fence, property line.

I typically said it was


And we also talked

10

about what that incremental exposure would be to the

11

nearest residents in the valley as well as in the

12

cities nearby.

13

terms.

14

And we always couched it in those

But when we have such a dangerous

15

component don't you think it's important to be very

16

clear that there are ways that this material can be

17

very dangerous, and there are ways this material can

18

be hazardous but not as dangerous?

19

important to lay out for folks so they don't get

20

confused?

21

Is that not

I think we were very clear when we

22

presented radiation levels to the public.

We talked

23

about what our exposures with our workers would be

24

and what our goals were.

25

10 millirem per year.

These were certainly not

We were talking about, you

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know, our goal of meeting 100 millirem per year.

we knew that with most mills, 200 or 300 was not out

of the question as far as an incremental dose.

But

But my question was, because of the

hazards and the deaths that have been involved with

uranium for the past 60, 80, whatever the number of

years are, don't you think there's a special duty to

let people know what those ranges of hazards are so

they can know the difference very clearly between the

10

deadly hazards and the mild hazards and the lesser

11

hazards?

12

Well, I guess we probably have a

13

fundamental difference as far as what we consider the

14

hazards of uranium.

15

a -- a very highly radioactive substance.

16

in its natural state.

17

for miners.

18

submitted it to Montrose County, many studies have

19

been done on mill workers that worked at historic

20

mills that were exposed to much higher levels than

21

our workers are today.

22

there was no evidence of a higher cancer rate.

23

would submit back to you, I guess, that I don't see

24

those hazard levels as high as you do.

25

know that if you improperly handle and store these

As I've indicated before, it is


It's mined

We certainly see the hazards

And as you're well aware, because I've

And these studies concluded


So I

However, I do

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materials, you can certainly -- they can certainly

pose a health risk.

3
4
5

Do you see an important duty to warn

people about the hazardous project that you're -A

Well, certainly.

And that's why we have

these very thick health and safety plans and we have

emergency response plans.

many, many health and safety procedures that are in

our health and safety plans.

And as you know, there are

There's procedures for

10

monitoring our workers.

11

training our workers so they're aware of the risks

12

that are there.

13

There's procedures for

When somebody comes on-site to an

14

operating mill, they have to take training at that

15

time, and they are made aware of those risks.

16

far as, you know, the work that's actually being done

17

on the mill, at the mill, or if anybody comes onto

18

the site to see the mill, these people are all made

19

aware of the potential hazards.

20

So as

But you couldn't really find those, the

21

language warning people of such deadly hazards, in

22

the EA; is that correct?

23
24
25

MS. LUCAS:

Objection.

I haven't heard

Mr. Filas characterize anything as "deadly."


HEARING OFFICER:

The witness can answer

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the question.

the --

Mr. Filas.

7
8
9
10
11

There is no EA.

You're referring to

(By Mr. Stills)

My apologies.

There is no EA.

Are you referring to the

Go ahead,

ER on the EIA?
Q

I'm referring to the ER, and I appreciate

your clarity on that.

We get acronyms piling up, and

I appreciate you being very clear.


A

Certainly.

You know, my recollection is

12

that the radiation section of the ER did go through

13

and look at risks.

14

assessment, and it was summarized in the ER, and it

15

was looked at in detail.

16

in the license application and the one that was

17

revised in response to CDPHE's comments.

18

recollection is different than yours.

I have not

19

read the ER now for quite some time.

Maybe there's

20

some part of it that I'm not aware of.

21
22
23
24
25

And there was a section on risk

And the risk assessment was

So my

Is it your view that radiation linked to

uranium mining and milling is deadly?


A

That link to historical mining is deadly

in my opinion, yes, but not milling.


Q

Could modern uranium mining be deadly?

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I don't think in this country that it

could be.

But that's my opinion.

And I'm not a

uranium miner, and that's not something -- I don't do

the health and safety for our mines so I'm speaking

more as a generalist now.

Is it your understanding that --

And I might add, Travis, that any sort of

underground mining is always very dangerous.

worked as an underground miner in a coal mine for six

10

years.

11

I should qualify it that way, underground uranium

12

mining is no more deadly or dangerous than other

13

types of underground mining.

14

It's a very dangerous occupation.

Uranium mining is no more deadly than any

15

other type of underground mining?

16

testimony?

17

That is my opinion.

18

That is your opinion.

19
20
21
22

So I guess

Is that your

What is that

opinion based upon?


A

That's my opinion of having worked as a

underground miner.
Q

And the basis of your testimony, I believe

23

last Wednesday, is your experience as an underground

24

miner?

25

I believe my testimony last Wednesday was

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based on my other experience, as well.

Because there seems to be some debate

about the deadliness of -- well, I'll move on.

You testified that Energy Fuels has

recently added Denison board members to its own

board?

I didn't testify to that.

I believe there

are, however, two board members that have been added

that are associated with Denison Mines, yes.

10

And who are those persons?

11

I don't recall their names.

12

was one.

13

person.

14
15

Ron Hochstein

I don't recall the name of the other

Mr. Hochstein is very integral to the

operation of the White Mesa mill; is that correct?

16

No.

Ron Hochstein is on our board.

17

don't believe he has any interaction anymore.

18

certainly did when he was president of Denison Mines

19

USA.

20

operating White Mesa at this time.

21
22
23

He

I don't believe he's actively involved in

Do you have any involvement with the

operations of White Mesa?


A

Mine are pretty tangential, I should say.

24

I work with people who are, but I do not have

25

responsibility at the White Mesa mill.

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Okay.

And isn't it true that Energy Fuels

has recently announced a halt to mining and

processing Colorado plateau ores at the White Mesa

mill?

We announced a halt to most of our mines

in Utah.

La Sal and Beaver.

in Utah.

That include the Denarius main and the


The Pandora continues to operate

And that was because of the low grade and

10

low value of the ore on the Colorado plateau at this

11

time; is that correct?

12

I would state that a little differently.

13

I would say that that's because of the very low price

14

of uranium right now.

15

decided that those mines should not be operated at a

16

loss.

17
18
19
20
21
22
23

Q
release.
A

At $40 a pound, our management

If you could take a look at that press


It was sent to all counsel.
Uh-huh.

Is there any particular part you

want me to look at?


Q

Just take a look at it.

In general, do

you recognize that press release?


A

I do recognize it, yes.

24

HEARING OFFICER:

25

THE WITNESS:

Is there a date on it?

Yeah; October 17, 2012.

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2

MR. STILLS:

I'll submit this as the next

exhibit.

HEARING OFFICER:

19.

(Sheep Mountain Exhibit 19 admitted.)

(By Mr. Stills)

As part of this press

release, Energy Fuels says it's going to focus on

lower cost uranium production.

Is that what it says?

I saw that, yes.

So the Colorado plateau ore and --

10
11

(Discussion off the record.)


Q

(By Mr. Stills)

So the Colorado plateau

12

ores are a higher cost to produce ore than the

13

Arizona ores?

14

That's correct.

I shouldn't say it's a

15

higher cost to produce the ore.

16

cost -- they're a higher grade ores.

17

the same cost to produce the ore, but you get more

18

uranium out of a higher grade ore so you can still

19

make a profit, while you may not be able to at the

20

lower grade ore.

21

Okay.

It's a higher
So it's about

And lower grade ore is just that,

22

it's much more subject to closure of a mill during

23

lower price periods; is that correct?

24
25

Much more subject to closure of the mine

and putting on standby until the prices come up, yes.

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And if a mill is relying completely on

those Colorado plateau ores, that mill would be much

more vulnerable to shutdowns due to lower uranium

prices; is that correct?

That's correct.

And at White Mesa Energy Fuels is now in

the business of processing industrial municipal

radioactive waste known as alternate feed; is that

correct?

10

We do that as well as process ores, yes.

11

And is the alternate --

12

MS. LUCAS:

I object to this line of

13

questioning.

14

Pinon Ridge application.

15

I don't understand the relevance to the

HEARING OFFICER:

Well, it goes to the

16

question of whether alternative fuels will ultimately

17

get considered at this facility.

18

MR. STILLS:

19

THE REPORTER:

You were in the middle of

the question, and there was an objection.

22
23

Would you read back my

question, please.

20
21

I'll allow it.

MR. STILLS:
Q

Okay.

(By Mr. Stills)

So processing alternate

24

feed is actually a lower cost production alternative

25

than either Arizona ores or Colorado plateau ores; is

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that correct?

Yes.

And that's because you get paid to receive

the materials you're going to process; is that

correct?

Correct; instead of having to pay for

them, yes.

So you --

So it's a lower --

10

THE REPORTER:

11

MR. STILLS:

12

hurry.

13

quicker, then.

14

One at a time.
Thank you.

We're trying to

We'll take our time and get through it

(By Mr. Stills)

So one business model is

15

you pay people to bring in the things that you

16

process, and in the alternate feed business model you

17

get paid to take the things you're going to process;

18

is that correct?

19

I wouldn't refer to them as models.

20

don't work with business models.

21

the general concept, yes.

22

Okay.

But I agree with

And as far as very directly related

23

to the current proposal, wouldn't resuming the long

24

practice -- long-standing practice of shipping to the

25

White Mesa mill provide an alternative to processing

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2
3
4
5
6
7

at a new mill in the Paradox Valley?


A
Travis.
Q

I really don't understand your question,


Could you restate it?
Might Energy Fuels begin shipping ore from

this area to White Mesa if it restarts processing?


A

Oh, shipping ores from Western Colorado to

the White Mesa mill?

Is that what you're asking me?

Correct.

Yes.

10

And in fact, that's what you sought to do

11
12

We could do that.

previously; isn't that correct?


A

Before the mergers we did approach Denison

13

to see if we could make a deal to ship ores from the

14

Whirlwind mine in Mesa County to them, but we could

15

never reach an agreement.

16

So if that was the question, I hope I

17

answered it.

18

19

That was the question, I believe.


So now that there's no barrier to shipping

20

to White Mesa, that is an alternative that Energy

21

Fuels might consider; is that correct?

22

Certainly.

23

So that should be an alternative that the

24

public should be able to consider when looking at all

25

of the impacts and options; is that correct?

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An alternative in -- are you saying within

an environmental report or an EIA, or are you talking

about just an alternative in general?

Alternative in general.

Shipping ore to the White Mesa mill is an

alternative in our minds, yes.

In your minds.

So if it's an alternative

in the project proponent's minds, it should be an

alternative in the environmental assessment; isn't

10

that correct?

11

But remember, that alternative was not

12

available in 2009 and 2010 when these documents were

13

written.

14

look -- or I should say if CDPHE is, then that may be

15

something that they should look at this point in

16

time.

17

If we are going to go back and take another

So your testimony is that the

18

environmental assessment does not reflect current

19

conditions?

20

The environmental impact assessment

21

reflects the conditions that existed when it was

22

written, which was in late 2010 and early 2011.

23

And it's your testimony that the

24

environmental report produced by Energy Fuels does

25

not reflect current conditions concerning the White

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Mesa mill?

Correct.

Did your mill -- does the EA talk about

4
5
6
7

the Ticaboo site?


A

I assume you're talking about the

environmental report?
Q

Your environmental report.

HEARING OFFICER:

MR. STILLS:

HEARING OFFICER:

11

MR. STILLS:

13
14

The which site?

Ticaboo.

10

12

Thank you.

Spell it.

T-i-c-a-b-o-o.

I believe it did.

I don't recall what

statements were made about that mill.


Q

(By Mr. Stills)

Do you recall that the

15

history of that mill is that it was built in Arizona,

16

operated for -- if it operated at all -- an

17

extraordinarily short amount of time, and it sat idle

18

for 10, 15, 20 years?

19
20
21
22

A
Arizona.
Q

I wasn't aware that it was built in


Was it shipped up there, then?
It must have been because it's always been

in Utah.

23

Okay.

24

Thank you for correcting me.

25

The Ticaboo mill I believe operated for

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three or four months back in the early '80s and has

been on standby since that time, yes.

So there's another built mill in the

region that's not processing ore at this time; is

that correct?

That mill is incomplete at this time.

They sold off portions of that mill, and it would

take major refurbishment to bring that into position

where it could produce.

I also might add that it is

10

not -- it was not located -- when that ER was

11

written, it was not located near any of Energy Fuels

12

Resources' properties.

13
14
15

Q
correct?
A

16
17

22

If I can interrupt, is

that an Energy Fuels facility?


THE WITNESS:

No.

It is -- Uranium One

has that facility.

20
21

That's correct.
HEARING OFFICER:

18
19

But it's located near them now; is that

HEARING OFFICER:
Q

(By Mr. Stills)

Okay.
And Uranium One, they're

a Russian owned company now?

23

I believe so.

24

And have you attempted to negotiate with

25

the Russian company for use of their mill?

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Not necessarily for use of their mill.

We

have had negotiations with them as far as possibly

property acquisitions.

confidentiality agreements, and I'm not at liberty to

discuss those one way or the other.

6
7

But we've signed

And it's outside of what I was trying to

ask so I'll move on.

Okay.

But you considered the alternative of

10

Ticaboo but saw that was in a condition that didn't

11

warrant further investigation; is that correct?

12
13

I would say that was a very short

consideration.

14

That was an easy decision to come to.

So in the language of the environmental

15

reports it was an alternative and eliminated from a

16

detailed review; would that be correct?

17

18

there.

19

You know, I don't recall what it said in

I'm sorry.

I wasn't asking about what it

20

said.

21

Ticaboo would be an example of an alternative that

22

was identified and eliminated from detailed review;

23

is that correct?

24
25

But in the language of environmental studies,

I don't believe that's what was done in

the ER, but it certainly -- it certainly would have

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been I guess if it would have been evaluated as an

alternative.

So in your view it's something -- that

type of a category includes something like Ticaboo

that's out there, but it's so remote in distance and

construction that it wouldn't warrant really a

serious analysis?

8
9
10
11
12

It's that kind of a project?

Again, since we didn't really evaluate it,

I'm a little reluctant to say that.

But my personal

opinion would be yes.


Q

And your environmental report did not

consider ablation; is that correct?

13

Correct.

14

Is ablation a credible technology for

15
16

uranium production?
A

For certain types of ores it would be.

17

But it's a very new technology that will require many

18

years of development.

19

that it would be an appropriate technology for the

20

salt wash ores.

21

I'm sorry.

I also don't necessarily agree

I didn't hear you.

You said

22

it would not be an appropriate technology for salt

23

wash ores?

24

25

Some people believe that it would be.

My

personal opinion -- and I'm not a processing person.

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I'm an environmental manager.

I believe that the

salt wash ores are too fine grained to allow a clean

separation between ore and nonore.

are other ores that appear to be very amenable to the

process.

enough R&D has been done to say that salt wash ores

are not amenable or that other ores are amenable.

It's just my initial opinion, looking at it from a

distance.

However, there

But at this point in time, I don't think

10

HEARING OFFICER:

11

of the technology you're talking about.

12

MR. STILLS:

13

DR. GROSSMAN:

14

Can you spell the name

A-b-l-a-t-i-o-n.
Excuse me.

give a brief explanation of what it is?

15

MR. STILLS:

16

We'll get you on a break on that.

17

that.

18

Could you just

No.

(By Mr. Stills)

We need to keep moving.


I apologize for

But it is your testimony

19

that some people who have more experience than you do

20

think it might work for salt wash ores?

21

It has been proposed, yes.

22

By whom?

23

I think it's been -- well, to be honest

24

with you, all I've heard is hearsay so I can't really

25

testify to, you know, who says it might work for salt

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wash ores.

Mountain project up in Wyoming, and that's where I've

been involved with possibly looking at ablation.

4
5
6

I've dealt with it with our Sheep

Has George Glasier promoted that

technology for the salt wash ores?


A

I don't know if he was promoting it for

the salt wash ores or for our ores up at Sheep

Mountain.

The only way I've been involved with ablation is on

10
11

the Sheep Mountain project.


Q

12
13
14

I was not involved in those discussions.

Thank you.

I appreciate that.

So let's assume that someday it becomes


economic again to process Colorado plateau ores.
A

Remember, we are still mining at the

15

Pandora so I wouldn't say that it's not economical

16

now for all mines.

17
18
19
20
21
22

But there are plans to close down the

Pandora soon?
A

It sounds like it in six, nine months,

something like that.


Q

So if it's not closed down, it's heading

there right now; is that correct?

23

We believe that it will be shut down.

24

Okay.

25

So back to -- let's dispose with

the small details around the edge.

Let's just assume

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that it becomes economic to process Colorado plateau

ores.

mill would actually provide an alternative for

consolidating mill waste into one site; isn't that

correct?

If you accept that assumption, the White Mesa

that, yes.

Yes.

It would provide an alternative for

So avoiding the creation of a new tailings

impoundment would better address Part 18, Appendix A,

10

Criteria 2 that you testified to; isn't that correct?

11

It would be correct if you assumed that

12

there was only a limited pool of uranium mines that

13

would be producing.

14

this area there was half a dozen different mills and

15

6500 tons per day being processed.

16

depends upon -- the White Mesa mill has the capacity

17

right now, I believe, of 1500 tons per day.

18

could probably produce at its nameplate capacity at

19

2,000 tons per day.

20

need another mill.

21

Obviously at one time here in

So it just

And it

Anything over that, you would

Or you could expand the White Mesa mill to

22

take more ore, is that correct, as an alternative?

23

I'm not --

24

I don't know what --

25

As an alternative, not as a business

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model, but as a practical alternative?


A

I don't know if the White Mesa mill could

be expanded economically.

about the processing side of things.

5
6
7

I just don't know enough

But an alternative analysis would give us

an answer to that question; isn't that correct?


A

It could try to, I guess.

You know,

again, we could seek that answer out and see if the

mill could be expanded realistically.

10

And I know some people might not like the

11

fact that I'm saying things like that, but I'm

12

looking at assumptions and exploring.

13
14

And Appendix A, Criteria 2 talks about the


nonproliferation of tailings; isn't that correct?

15

Certainly.

16

So back to my question.

Isn't it correct

17

that keeping the ore on one site would actually

18

better serve Appendix A, Criteria 2?

19

then, right?

20

Yes.

21

That alternative was not analyzed in the

22
23

That's correct,

environmental report; is that correct?


A

That is correct.

And again, that's

24

because the environmental report was written in 2009

25

before the companies merged.

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2

And when did the companies merge?

That

was June 2012; is that correct?

The end of June 2012.

And this proceeding was noticed August 6,

2012?

The proceeding was noticed?

This hearing began with a notice issued by

8
9

the CDPHE on August 6, 2012?


A

I'll take your word for it.

10

about right.

11

Okay.

That sounds

So you had the opportunity before

12

we went down this road to update your environmental

13

report; isn't that correct?

14

I think that would have been a very

15

difficult task to do.

And it was not -- the license

16

was set aside so there was no reason to update an

17

environmental report for a license that was set

18

aside.

19

Didn't the application remain in place?

20

Yes.

21

And the environmental report remained in

22

place?

23

Travis, I'm not saying that we can't go

24

back and revise the environmental report.

But

25

wouldn't it make more sense if you got everybody's

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comments and then had CDPHE indicate what they might

need?

unilaterally go and update our environmental report.

There would be no reason to do that.

Why would we -- what do you call it --

Well, before going into a hearing, doesn't

it make sense to make sure that the underlying

documents reflect the reality as we're going in?

8
9

I think large documents like this, you

don't just update them over the weekend.

There has

10

to be a regulatory-driven process.

11

current position where we are, where we are taking

12

additional testimony and collecting additional

13

information -- when I use the word "we" I should

14

probably just say CDPHE is.

15

also, listening to what people have to say.

16

you wait until you're ready to take care of all the

17

issues and not just maybe one issue that you've

18

identified at this point in time.

19

And in this

But we are, as a company


I think

So the public came into this proceeding

20

with a false view of what was going on with Energy

21

Fuels if they were to read the environmental report;

22

isn't that correct?

23

MS. LUCAS:

Objection, Your Honor.

It

24

speculates on what the public view was coming into

25

the hearing.

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HEARING OFFICER:

(By Mr. Stills)

Sustained.
It's your testimony that

the environmental report does not reflect current

conditions; is that correct?

Correct, although I would say a large part

of the environmental report still does.

certain things that change in a three-year period.

8
9
10

There are

How long do you estimate it would take to

update the environmental report based on some of the


concerns you've identified?

11

At this point in time, I couldn't tell

12

you.

13

close look at it and see if CDPHE requested that we

14

update it.

15

make a determination at that time.

16

The bottom line is, we would have to take a

We'd have to take a close look at it and

You testified that Energy Fuels' staff's

17

experience and training is relevant to meeting

18

Regulation 3.9.1; is that correct?

19

Could you paraphrase what 3.9.1 says?

20

It says that the company's experience and

21

training needs to demonstrate -- I'll paraphrase.

22

Let me not get into a dissertation on the

23

law.

I'm sorry.

You testified that Energy Fuels'

24

staff's experience and training is relevant to these

25

proceedings; isn't that correct?

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Correct.

And part of Energy Fuels' experience is

drawn from former Cotter employees; is that correct?

Correct.

And do those employees include Dick White?

Yes.

Do they include contractor Richard Cherry?

Yes.

Anyone else who came directly from Cotter?

10

Not that I can think of.

11

And Richard Cherry, was he the CEO of

12
13

Cotter?
A

I can't remember what position he had.

14

know he was, you know, fairly high up the ladder at

15

Cotter, yeah.

16
17

Okay.

And George Glasier is no longer CEO

of Energy Fuels; is that correct?

18

That's correct.

19

Does Mr. Glasier have any contractual

20

connections to Energy Fuels?

21

No, not at this time.

22

So he has nothing to do with this project?

23

I believe he's still a stockholder, but

24
25

I'm not sure.


Q

That's just my understanding.

As far as your knowledge of people

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operating within the company, he's not --

That's correct.

The relevant experience includes your own

experience; is that right?

Correct.

And Energy Fuels relies on your experience

to show it can act in accordance with Colorado's

radiation regulations; isn't that correct?

I'm one of those people, yes.

10

Okay.

And you testified that one of your

11

accomplishments includes permitting the Whirlwind

12

mine; is that correct?

13

Yes.

14

And were you the lead for permitting the

15

water treatment facility there?

16

Yes.

17

And was Energy Fuels provided a permit

18

under the Clean Water Act based on your work as

19

permit lead?

20

21
22

Yes.
HEARING OFFICER:

Which mine are we

talking about?

23

MR. STILLS:

The Whirlwind mine.

It's one

24

of the mines that was identified as feeding this

25

mill.

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(By Mr. Stills)

Did you reference the

treatment technology as barium chloride treatment in

your testimony?

I don't recall doing that in my testimony,

but yes, it is a barium chloride treatment system at

the Whirlwind.

7
8

And were radium and selenium among the

target constituents?

Radium definitely; selenium also, yes.

10

And the water treatment plant resulted in

11

discharges that were cited for noncompliance with

12

water quality -- Colorado Walter quality standards;

13

isn't that correct?

14

No.

They were never cited.

We had

15

exceedances of several individual standards over time

16

that included radium once or twice while we were

17

still in the early stages of getting that water

18

treatment plant operating correctly.

19

exceedances of selenium during the early period of

20

water treatment.

21

operated over the last year with no exceedances of

22

individual standards; or if there were, there were

23

only one or two.

24
25

There was also

I believe the water treatment plant

Is it your testimony that the water

treatment plant operated in 2012?

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2
3
4
5

No.

It operated -- let's see.

It

operated up through 2009, late 2009.


Q

And it's your testimony that there was no

noncompliance at the -A

I didn't say that.

I said that if my

memory serves me right, there were none or very few

over the last -- over the last 6 months to 12 months

that we operated that system.

MS. LUCAS:

Your Honor, object to the

10

relevance of the line of questioning, or at least I'd

11

like to hear what the relevance is.

12
13
14

HEARING OFFICER:

Can you make an offer?

Where are you going?


MR. STILLS:

I'll make an offer.

I'm

15

going to demonstrate that his relevant experience on

16

permitting and engineering are linked to

17

noncompliance with Colorado regulations.

18

concerns whether the company has the experience to

19

comply with state regulations.

20

to show that the Whirlwind mine is an example where

21

they have not, in fact, complied and where that was

22

directly relevant to Mr. Filas' experience.

23

MS. LUCAS:

3.9.1

I believe I'm going

I would submit that the

24

permitting of a facility and its operation are two

25

separate actions and that the fact that it may or may

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not have operated with or without citation is not

necessarily relevant to how it was permitted.

3
4

HEARING OFFICER:
I'll hear the redirect.

5
6

MS. LUCAS:

Are these submitted with your

exhibit list?

7
8

I'll hear the cross, and

MR. STILLS:

No.

They're coming in to

impeach the witness on cross.

MS. LUCAS:

Impeach him --

10

MR. STILLS:

We'll get there.

11

HEARING OFFICER:

12

(Sheep Mountain Exhibit 20 admitted.)

13

MR. STILLS:

This is Exhibit 20.

So I've offered No. 20, and

14

we're looking at a document titled A.

15

A, November 7, 2007, selenium.PDF.

16

this document, Mr. Filas?

Or the file is

Do you recognize

17

Yes.

18

And what does the RE -- I'm sorry.

19

First,

what is the date?

20

December 27, 2007.

21

And could you read the RE, please.

22

It says, Submittal of November discharge

23
24
25

monitoring report and notification of noncompliance.


Q

And do you recall what the noncompliance

was for?

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No.

But you do recognize this document?

Yes.

And in fact, you were on the list of

people who received this document directly; is that

correct?

I would have been, yes.

So you have a role in the operations of

9
10

the mines; is that also correct?


A

I don't have a role in operating them, but

11

I do have a role in reporting noncompliance if it

12

occurs.

13
14

So you have a -- part of your role is for

regulatory compliance --

15

Correct.

16

-- at these mines?

17

Correct.

18

And this mine did not comply with

19
20

regulations after you designed it; is that correct?


A

It did not comply with some of the

21

individual limits.

22

uncommon on for water treatment plants upon start-up,

23

to have noncompliance on some individual parameters.

24
25

And that is not something that is

But this treatment plant never came into

compliance; is that correct?

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No.
MS. LUCAS:

to that.

you please ask it --

I'd like to clarify the answer

That was a double negative question.

MR. STILLS:

I guess I don't know if you've had a

Can

Withdraw.

chance to look at these, but I have a series of about

eight or nine documents.

them forward for is for authentication.

All I would like to put


I submit

10

that each one of the documents on that CD was

11

received by Mr. Filas.

12

person who receives these.

13

authentication, we can come back to it.

14

to submit them in evidence.

15

MS. LUCAS:

16

at them, please.

17

them.

He's testified that he's the


If there's a problem with
I would like

Let me take a moment to look

This is the first time I've seen

18

(Discussion off the record.)

19

MS. LUCAS:

These appear to be authentic

20

documents for Energy Fuels' self-reporting to the

21

Colorado Department of Public Health and Environment.

22

And as such, we don't have an objection to their

23

authenticity, but we preserve objection to relevance.

24
25

HEARING OFFICER:
Q

(By Mr. Stills)

All right.
And again, these

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documents were all provided to you.

violations include Ph, total suspended solids, whole

effluent toxicity, selenium, and radium?

MS. LUCAS:

I have an objection to the

characterization as violations.

citations or violations.

exceedances by the company.

HEARING OFFICER:

9
10

objection.
Q

And the

These are not

These are reporting of

I will note the

What was your question?


(By Mr. Stills)

The noncompliance

11

involved with these Clean Water Act permits included

12

Ph, total suspended solids, whole effluent toxicity,

13

selenium and radium; isn't that correct?

14

Yes.

Those at one point or another were

15

at least reported at least once over that two-year

16

discharge period.

17
18

And the Whirlwind mine has been allowed to

fill with water; isn't that correct?

19

Correct.

20

It's currently underwater?

21

The bottom portion is flooded, yes.

22

Has the water treatment plant that you

23

designed and testified about been redesigned yet?

24

I'm working on it.

25

And you also testified that you led the

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effort to design a radon cap for the Atlas tailings

pile?

I didn't lead the effort, but I was

involved in it and was involved in some of the

changes that were made for an interim cover, yes.

What was your role?

My role was to revise the cover to meet

the questions that were being posed by the NRC at

that time, concerns.

10

So you weren't project lead on the --

11

I was not the project --

12

You weren't project lead on the Atlas

13

tailings cap that you testified about; is that

14

correct?

15
16

I was not the project manager.

I was the

project engineer for a period of time.

17

And what years were those?

18

I believe it would have been possibly

19
20
21
22
23
24
25

1996, but I can't say for sure.


Q

Was that before or after Atlas went

bankrupt?
A

Well, they were still in business at that

time so I would guess that it was before.


Q

And you designed the cap, though, was your

testimony; is that correct?

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No.

I was involved in the cap design or

the revision to the cap.

specifications for putting down the cap at one point

in time or constructing the cap.

5
6

And when Atlas went bankrupt, an adequate

bond was not in place; is that correct?

8
9

And I wrote the technical

I don't know.
MR. STILLS:

Exhibit 21.

from the record, a paper copy.

It's actually

This is from the

10

district court record PL-AR 021772, Page 1-9 of the

11

environmental report.

12

(Sheep Mountain Exhibit 21 admitted.)

13

(By Mr. Stills)

And let's see how we do.

14

I'll have you read it from here so you can face this

15

way.

Here you go, Mr. Filas.

16

What would you like me to read?

17

The first paragraph, please.

18

The Atlas mill and Moab -- is there a date

19

on this document?

20

Are you familiar with this document?

21

No.

22
23
24
25

Is this my document?

environmental report document?


Q

Is this an

What is this?

An excerpt from the environmental report

produced for this proceeding.


A

"The Atlas mill in Moab is one of the few

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unreclaimed tailings facilities left in this area.

This facility was a Title II facility with both

private and federal funding obligations for closure;

however, Atlas went into bankruptcy and its bond and

Moab assets were managed by a bankruptcy trustee with

the intent of conducting in-place closure of the

facility.

Moab site a Title I site and DOE decided to move the

tailings to an off-site repository due to the

Ultimately, however, Congress made the

10

facility's location on the Colorado River floodplain.

11

This work, which is funded by the federal government,

12

was started in May 2009."

13

So the cap that you helped design for

14

in-place closure was ultimately rejected by the

15

Department of Energy; is that correct?

16
17

MS. LUCAS:

That's not what

this paragraph says.

18
19

Objection.

HEARING OFFICER:

Well, I'll allow the

question.

20

I don't know what the DOE's opinion was on

21

the cap.

I was not involved with the project at that

22

time.

23

whoever the movers and shakers were, that they

24

decided that offsite disposal was preferred versus

25

onsite disposal or in-place reclamation.

It was always my understanding that they felt,

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(By Mr. Stills)

So the Atlas tailings

pile, including the cap, are currently being

excavated and moved to a Crescent Junction disposal

cell; is that correct?

That's correct.

And do you consider the Crescent Junction

facility a state-of-the-art facility?

8
9
10

I don't know anything about the Crescent

Junction facility other than where it's generally


located.

11

And with this, wouldn't you say that this

12

Atlas bankruptcy highlights the need for a financial

13

surety that addresses potential design failures?

14

Give me that question again.

15

Would you agree that the Atlas facility

16

and its bankruptcy highlight the need for a financial

17

surety that addresses design failures?

18

You know, I don't know enough about that

19

to say for sure.

If the bond was adequate for

20

in-place closure and in-place closure had been

21

approved, then I would say that they met their

22

obligations; but if it wasn't, then they wouldn't

23

have.

24

portion of that project and what transpired

25

afterwards to have an opinion.

But I'm not familiar enough with the bonding

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2

So it's your testimony that bonding for a

company's current intent is sufficient?

This is a very unusual situation, Travis,

where a facility that was originally started by the

U.S. government in the early '50s and was operated

for over 30 years was entirely moved to another

location.

fine where it was, and obviously the decision-makers

made a decision to move it.

And there were those who felt that it was

It's really too

10

complicated of a situation for me to weigh in with

11

the very limited knowledge I have.

12

that facility for a time as an engineer.

13

the work I did I was -- I felt was done

14

professionally.

15

is that correct?

17

sorry.

18

You did your best, you said.

Well, I did what was asked of me.

And

And that potential or that attempt did not

21

succeed at getting the job done?

22

your fault.

23

done?

25

I'm

yes, I thought I did a good job on it.

20

24

And I --

And you did your best job on the design;

16

19

I did work on

I'm not saying it's

I'm just saying it didn't get the job

It had to be moved?
MS. LUCAS:

Objection.

The testimony was

simply that someone decided it had to be moved.

It

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had nothing to do with the job that was done.

MR. STILLS:

I'll withdraw that.

(By Mr. Stills)

I just want to be clear

here on what I'm trying to ask.

because it's taking me a couple minutes.

6
7

Folks had a plan.

You were involved in

that plan at Atlas; is that correct?

8
9

And my apologies

I was working for a consulting company

that put that plan together for Atlas.

10

And your testimony is that a bond only

11

needed to be in place to cover that particular plan

12

to cap in place; is that correct?

13

The bond that is in place should be

14

adequate to cover the approved reclamation plan.

15

that reclamation plan changes, then the bond has to

16

be changed accordingly.

17
18

Are other potential reclamation

alternatives important to bonding?

19

Only the one that is approved.

20

Only the company's plan is relevant to

22

No.

23

-- calculation of the bond?

24

Sorry.

21

25

If

a -Only the plan --

Only the plan that is approved by

the regulating agency is what you bond for.

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And you also testified that you were

involved in groundwater flume at Church Rock; is that

correct?

That's correct.

I was a consultant.

It

was my job to evaluate the remediation and to -- we

also looked at background standards for the site as

part of that work.

8
9
10
11
12
13
14

And the Church Rock groundwater flume

hasn't been fully remediated yet today; is that


correct?
A

I don't know.

I haven't worked on that

project for many years.


Q

You're not aware of the costs so far to

clean up Church Rock?

15

No.

16

Was the work you did at Church Rock at the

17
18

time considered to be state of the art?


A

It was what was typically done at that

19

time for groundwater remediation.

20

system to remove contaminated water.

21

It had a pump-back

And it's your testimony that bonding only

22

needed to be considered for that one approach that

23

was currently under operation for cleaning the ground

24

water?

25

You would typically bond for whatever the

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agencies decided what was required to remediate.

2
3

And in your view, bonding does not

consider possibilities that the design may not work?

Some level of contingency is typically

included in bonds, and bonds are periodically

reviewed by agreement states or the NRC to make sure

that they're current.

8
9
10

Okay.

Your testimony was also that

alternate sites exist for what is now known as the


Pinon Ridge mill or the PR mill; is that correct?

11

We looked at alternate site.

12

And you toured the sites with Colorado

13

Department of Public Health and Environment before

14

deciding to buy the current site; is that correct?

15

We toured two sites in East Paradox Valley

16

on one afternoon with CDPHE.

They were doing an

17

inspection of the Durita site, which was not too far

18

away.

19

look at these sites before making a decision on

20

whether either of them was suitable.

And we made arrangements for them to come and

21

You didn't tour the Durita site with

22

CDPHE?

23

No.

24

You didn't tour the Pioneer site with

25

CDPHE?

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No.

Were those already eliminated from your

consideration by that time?

Yes, they were.

And of the sites, the two sites that you

toured, which ones were those, again?

There was the Carver site, east of where

Pinon Ridge is now, about 2 miles east, and there was

the Pinon Ridge ridge site.

10

11

other names?

12

13
14
15

Is the Pinon Ridge site referred to by

It's sometimes referred to as the Cooper

site.
Q

So the Cooper site and the Pinon Ridge

site are synonymous?

16

No -- yes.

17

Okay.

Thank you.

As with some of our

18

acronyms, I kind of circled back through those so I

19

wanted to be clear.

20

Sure.

21

And at the time, did George Glasier own

22
23

any potential sites that you were considering?


A

Yes.

He had a piece of property over by

24

the Durita site that we felt that if we could acquire

25

additional property in that area that was suitable,

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that we might be able to expand that area

sufficiently to allow for a mill.

But the Durita site had the

characteristics, the physical site, and criteria that

could have allowed a site there, had you been able to

buy property; is that correct?

In retrospect, probably not.

There was

not enough area right at the Durita site so that

would have been basically an impossibility.

George's

10

land was not contiguous with the Durita site, but it

11

was in close proximity, within half a mile.

12

retrospect, looking back at that, I think that the

13

best we could have done was 160 acres, which our

14

consultants at that time said was adequate.

15

since -- after doing additional permitting on this

16

project, I don't think that site would have been

17

large enough or suitable for a 500-ton-per-day mill.

And in

I've

18

Did you look at any federal land?

19

We looked at the Rio Algom site, which is

20

partially private and partially federal.

21

one, we didn't feel there was enough useable area

22

left and remaining to site the mill there.

23

was also in close proximity to residents.

24

25

sites?

Again, that

And it

Did you look at any wholly federally owned

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No.

Why not?

It has been my past experience that

federal land managing agencies are very reluctant to

permit processing on their land.

worked with them in other mining industries, they

generally want you to put your processing facility on

private or state land.

obviously mining the resource if you have valid

Typically -- having

And they are amenable to

10

claims, but they're very reluctant in most cases to

11

allow you to process on federal lands.

12

And it's true that you avoid that land

13

because you don't want to conduct a federal EIS; is

14

that correct?

15
16

MS. LUCAS:

19

That's not what

the witness testified to.

17
18

Objection.

HEARING OFFICER:

No, but he can answer

the question.
A

I certainly can.

20

In this case, that was an added incentive.

21

The available land or available federal land that may

22

have been appropriate would have been on Bureau of

23

Land Management managed land.

24

Management does not have much expertise in uranium

25

milling.

And the Bureau of Land

And they would have been required to, if it

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was the state of Colorado or state of Utah, establish

a memorandum of understanding with the state agency

and move forward with that EIS.

that permitting, that time period, would be very,

very long for permitting.

was just an added incentive not to try to permit a

facility on federal land.

8
9

(By Mr. Stills)

And we felt that

That, more than anything,

And how long -- you would

estimate that time to be about three to five years if

10

you were to go through the federal process; isn't

11

that correct?

12
13
14

I don't know if I said three to five

years; if I did, I was being very optimistic.


Q

And in your testimony you testified that

15

Pioneer site was eliminated from consideration due to

16

the level of scrutiny it would receive by San Miguel

17

County; is that correct?

18

I think it was the level of objection that

19

we would have received from San Miguel County, not

20

the level of scrutiny.

21
22

So your concern was San Miguel County

would have objected to the mill being located there?

23

Certainly.

24

San Miguel County is a state regulatory

25

body who has to adhere to the state laws and the

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county laws; isn't that correct?

I would hope so.

Energy Fuels owns the Sunday mine complex

in San Miguel County; isn't that correct?

That's correct.

And those mines have been permitted and

approved by San Miguel County; is that also correct?

Correct.

The Pioneer site met all the physical

10

siting criteria; is that correct?

11

It met them, yes.

12

So the real reason for eliminating Pioneer

13

from the study of alternatives is your view that

14

Montrose County would object less than San Miguel

15

County; isn't that correct?

16

That was one of two reasons.

17

You also testified about the Cooper site,

18

which was eliminated from detailed analysis in the

19

environmental report; isn't that correct?

20

21

Carver site.

22

Pinon Ridge site.

23
24
25

No.

I think you're referring to the


The Cooper site ultimately became the

I believe that might have been why I asked

that earlier question.

I had that backwards.

So the same question:

You testified that

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the Carver site was eliminated from detailed analysis

in the environmental report?

Correct.

And the Carver site was eliminated because

it might involve review by the BLM and an EIS,

correct?

8
9

No.

The Carver site was on private land.

MR. STILLS:

If I could submit an exhibit.

This is from the record.

It's EFPH 0090888.

10

HEARING OFFICER:

11

(Sheep Mountain Exhibit 22 admitted.)

12

MR. STILLS:

13

So I guess this is the Cooper

site.

14
15

I'll mark it as 22.

MS. LUCAS:

Can we get a clarification of

what you mean by "from the record."

16

MR. STILLS:

It's in the discovery

17

disclosures that were entered into the record I think

18

as Exhibit 12.

19
20

MS. LUCAS:
Q

Okay.

(By Mr. Stills)

So this is the Cooper

21

site, I guess.

22

avoid a power pole on BLM land?

23

The Cooper site, was it configured to

Go ahead and --

24

Thank you.

25

-- chat with me, if you don't mind.

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2

Okay.

Was a power pole moved on the

current site to avoid BLM review?

5
6

I haven't

seen it.

3
4

I'd like to read the letter.

Again, I'm sorry.


document.

We'll come back to the

I'm just asking.


Okay.

The reason I'm looking at that,

that has nothing to do with a mill site.

That has to

do with the siting of an air monitoring station.

And

10

they thought that they had put the air monitoring

11

station on Cooper's property, who we were making an

12

agreement with or had already made an agreement to

13

put that air monitoring station in there.

14

not located properly, and where they had flagged it

15

was actually BLM land.

16

onto Cooper property, and we certainly didn't want to

17

spend probably at least six months trying to get a

18

right-of-way from the BLM to put that air monitoring

19

station in.

20

to.

21

But it was

So we needed to move it back

So that was -- that's what that refers

It does not refer to a mill site.


Q

But if that monitoring station had gone in

22

on BLM land, there would have been no question that

23

it would have triggered the need for an EIS for the

24

entire mill; isn't that correct?

25

Not necessarily.

Zach Rogers wrote that,

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and he works for me.

overall concern, that it could trigger a connected

NEPA action.

monitoring station would have taken -- even if it was

not a connected action, it would have taken a long

time to permit so we definitely didn't want to put it

on BLM land.

And that was I think just his

But the bottom line is the air

Can we agree that just because you're on

private land you don't avoid the need for an EIS, on

10

that fact alone; is that correct?

11

MS. LUCAS:

12

Objection.

There's been no

agreement to that that I've heard from this witness.

13

I disagree.

14

(By Mr. Stills)

15

In order for a NEPA analysis to be done,

Can you explain?

16

whether it be a categorical exemption, an

17

environmental assessment, or an EIS, there has to be

18

certain triggers.

19

action.

20

federal action involved that triggers a NEPA

21

analysis, then you do not have to do an EIS, an EIA,

22

or a cat ex, short for categorical exemption.

23

And one of them is a federal

If you're on private land and there's no

And it's true that you work very hard to

24

avoid those NEPA triggers in putting together these

25

mill proposals?

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Certainly once we realize that we might

not have to have a federal action involved, it was

certainly something that I tried to avoid because it

adds time and money to a project.

Why is that?

Because you have a large federal permit

requirement that you have to meet that otherwise you

wouldn't have to.

But the CDPHE's environmental impact

10

analysis process would be a low cost alternative to

11

that.

12

What was that your view?


A

No.

This would just have been an

13

incremental cost and probably a longer time period if

14

it went to -- if you were looking at, say, an EIS.

15

Obviously air monitoring stations would most likely

16

be a lesser action, but it still adds time and money.

17

And as a business entity, if you can avoid a certain

18

permit time delay or if you can avoid additional

19

costs, you do it.

20

It's just part of business.

I'm again a bit confused.

How would it be

21

more expensive to do a federal EIS than the state

22

EIA?

23

Well, you would have had to have done

24

both.

In fact, if you take a look at our Sheep

25

Mountain project we're doing two EISs, one for the

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BLM and one for the Nuclear Regulatory Commission.

It would certainly be a lot better to do one, but

that's what I'm required to do.

In this case, if we can keep it as a state

EIA and license, that's what we wanted to do.

for example, the EPA would have said that in order

for us to get our air permit for radon emissions, if

they would have said that was a NEPA action, we would

have been going through the NEPA process with the

10

EPA.

11

NEPA, so we did not do it.

12
13

But they said it was not, it did not trigger

But NEPA's been triggered for components

of this mill now, hasn't it?

14

No.

15

Really?

16

That's true.

17

No component of this mill is being

18

No.

subjected to scrutiny in a federal EIA?

19

That is correct.

20

Okay.

Back to the parcels for a minute.

21

So CDPHE and Energy Fuels discussed alternate

22

locations, right?

23

If,

Well, we showed them those two locations,

24

and they thought that the one was much better than

25

the other.

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So if you've got two and you're going to

choose one, that's alternatives.

to define it?

Yes.

Okay.

Is that a good way

And if one's better than the other,

that's another way to define alternatives, right?

You've got two, and you're going to choose one?

8
9
10

So you have an alternative, two

alternatives, yes.
Q

But in the EIA there was no analysis of

11

the relative impacts of these two alternatives; isn't

12

that correct?

13
14
15

Are you talking about the environmental

report?
Q

I appreciate your clarification.

For some

16

reason -- I don't know why -- I confuse Cooper/Carver

17

and EIA and ER.

But I appreciate your corrections.

18

There's no analysis of the impacts across

19

these potential parcels in the environmental report?

20

The alternatives were looked at, and they

21

were discussed briefly, and then they were not

22

evaluated in detail.

23

24

other?

25

Their impacts were not compared to each

There was -- the discussion described each

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of these sites.

fatal flaw analysis.

was not evaluated further.

4
5

HEARING OFFICER:

Would this be a good

Sure.

How much more do

you anticipate?
MR. STILLS:

That's part of what I want to

do on the break.

10
11

Okay.

time for a break?

8
9

If there was a fatal flaw, it

MR. STILLS:

6
7

And basically what we did was a

HEARING OFFICER:
break first.

Okay.

Let's take a

Let's take 10 minutes.

12

(Recess from 3:59 p.m. to 4:10 p.m.)

13

HEARING OFFICER:

All right.

We're going

14

to interrupt for a few minutes the cross-examination

15

of Mr. Filas while we hear from Catherine Peterson.

16
17

Are you Ms. Peterson?

Is Catherine

Peterson here?

18

MS. PETERSON:

I'm right here.

19

HEARING OFFICER:

You want to come up and

20

make a comment in addition to the one you gave me in

21

writing?

22

MS. PETERSON:

23

HEARING OFFICER:

24
25

That's from another person.


Okay.

Would you like to

make a comment?
MS. PETERSON:

If it's okay.

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HEARING OFFICER:

That's where you stand,

right there by the guy with the fancy orange

sweatshirt or whatever it is.

Go ahead, Ms. Peterson.

MS. PETERSON:

Well, I'm here again.

And

as I realized after listening to the hearing, we are

really years away from these jobs, and there could be

appeal processes.

there's speculators and corporations making money,

And at this point I feel like

10

and I feel like they're pitting us against each

11

other.

12

area here today.

13

making money.

14

concerned with their profit and loss statements.

15

They don't really -- like listening to the gentleman

16

earlier when he was examined about the different

17

sites, he made, you know, a conscious effort to talk

18

about profit and loss statements and whether or not

19

he had to really look at the environment closely.

We don't quite have as many people from the

20

But I feel like they're already

They're a corporation basically

Now, that's because they're corporations.

21

That's why they can do that.

They only -- they're

22

responsible to their shareholders.

23

the citizens here, and we're the citizens of this

24

community.

25

need to stop this because we're kind of giving up --

But we're like

And we're giving -- I mean, we really

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we are giving up the control of our future to

corporate entities and their -- when we talk about,

you know, we have these rights as citizens and local

control, when we bring in these big corporations with

unsustainable industries, we're not really going to

get good teachers here because they're not going to

want to live here.

good professionals because they're not going to want

to be around here.

We are probably not going to get

10

As far as like -- I can't really see that

11

it's going to improve our quality of life or improve

12

the quality of life over here because it's going to

13

have -- it's going to become a sacrificed area that

14

people aren't going to want to talk about.

15

estate agents over around Telluride and around this

16

area and maybe over by Cortez or Dove Creek, they're

17

not going to want to talk about it over here because

18

there's nothing between these mill sites and these

19

places they're going to haul stuff and these trucks

20

on the road from any of these areas that are pristine

21

at this point.

22

The real

Now, there has been sort of a slump in the

23

overall -- like people have had a hard time moving

24

forward.

25

our country because we seem to be like pitted against

We're having a hard time moving forward in

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each other on like big, unimportant -- you know, or

just things that -- we all want to be better people.

We all really probably know that this mill and mining

uranium is probably wrong and probably not right for

our children and their children.

of courage to try to join together and say, well, I

can be -- I know I want to be a better person, and

that's sort of what we're going to have to do.

going to have to be better people, try to join

And it takes a lot

10

together to make our lives in this area more

11

sustainable.

12

We're

And we have to do it locally.

We can't have a big corporation coming in

13

and telling us, okay, well, I am -- you're 20.2 miles

14

from Norwood.

And Norwood -- this is a threat I'm

15

pulling here.

It's about the economics of the area.

16

I'm an equestrian.

17

arena event center in the whole Four Corners area.

18

The equestrian --

Norwood has the only public horse

19

(Speaker phone interruption.)

20

HEARING OFFICER:

21

MS PETERSON:

Go ahead.

Here you are 20.2 miles from

22

Norwood to your co-op.

The co-op's got bridles and

23

saddles and feed, and it's associated with a co-op

24

over in Fruita and Grand Junction.

25

underused event center with all this space.

And we have an
And I

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found out -- I went all the way to Yellow Jacket to

get my hay this year, and you had hay over here in

Nucla, as I understand it.

and I don't have as close of ties as I should.

But I didn't know that,

But we have a whole equestrian industry

that has a lot of money involved in it.

And over

here -- like just going past Disappointment Valley is

a world renowned equestrian team-building, leadership

place called Buffalo Woman Ranch.

They are right on

10

the other side of Disappointment Valley with a huge

11

international clientele.

12

land over 20 years ago.

13

time.

14

Europe and all over the United States to take these

15

week-long seminars about horses and humans, healing

16

each other.

These women bought that


They've been there all that

People come from Germany and like everywhere,

17

Well, the equestrian industry has a lot of

18

money in it.

It's never really been developed in

19

this area.

20

just like Telluride has festivals, we could have a

21

lot more agricultural and equestrian, which is, like

22

I said, again, it's a high dollar industry which is

23

moving into corporate needs; like I said, a future

24

for the horse and humanity.

25

into the fact that we, in our county, have a wild

We have a huge event center.

We could --

Now, this actually ties

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horse herd.

Now, we all have to work together because

this is a tourist -- you know, this is something.

And we've got the tourists in this area.

that, we actually -- Grand Junction, with its huge

medical complex is not going anywhere soon.

They're coming out here to recreate.

over here to recreate.

mountain bike trails.

Not only

Okay.

We're coming

We want to develop these


Moab's further than this area.

10

We should be just coming here to ride our mountain

11

bikes.

12

should be using this event center for agricultural

13

exhibits and bringing in top-of-the-line equestrians.

14

We should be encouraging equestrians.

15

climate here is like -- it's like perfect for the

16

high dollar consumer right there with his arena and

17

everything and a place to have shows, which is what

18

they have to do when they have those kinds of horses.

19

We should be buying our hay right here.

We

Like this

So that's that side note, that threat

20

about the fact that we have not developed this

21

potential, again, in the ranching and with the

22

sustainable range management that could happen in

23

Disappointment Valley and the people who are already

24

trying in this area and have been for the last, you

25

know, 30 years to develop this.

But, you know,

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really now is the time for us to join together, to

stop being pitted against one another like as -- and

be citizens, kind of being better people and trying

to take control of getting the type of professionals,

teachers, climate, biodiversity, recreation, and not

bring this scourge, which is already a scourge upon

the planet, right into this area where we could do so

much better if we just worked together like citizens.

9
10

All right.

Thank you very much.

you, Judge.

11

HEARING OFFICER:

12

MR. STILLS:

13

HEARING OFFICER:

14

Uh-huh.

Ready to resume?
Just a second.

Have you

got some more you want to say?

15

MR. GLYNN:

16

HEARING OFFICER:

17

Thank

Yeah.
Go ahead.

State your

name again, if you would.

18

MR. GLYNN:

David Glynn, G-l-y-n-n.

I'm a

19

resident of Colorado.

20

would like to submit and a video.

21

this is these tapes are a San Miguel County record of

22

a meeting that was held I believe in May of 2008, the

23

first meeting on the mill that was held in San Miguel

24

County in front of the county commissioners there.

25

We were there to film it, record it.

I have here two tapes that I


And the purpose of

We were denied

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the ability to film it by Energy Fuels because of

their objections from the CEO at the time, George

Glasier.

that's in the San Miguel record.

The video will show that.

I'm not sure if

The part that's in the San Miguel County

record here that I think is important is when George

Glasier got up in front of the county commissioners

and the public and stated flatly that the mill was

going to be built and there was nothing that we, the

10

people, could do to stop it or government agencies,

11

that it was going to happen.

12

to present this is because it shows the total

13

disregard that a company like Energy Fuels has for

14

the will of the public or of the laws, for that

15

matter.

And the reason I want

16

So whom may I hand this to?

17

HEARING OFFICER:

18

MR. GLYNN:

Me.

The other thing that I would

19

like to say is I'd like to underscore what I was

20

saying the other day, talking about near disasters

21

and disasters that have actually happened.

22

in my opinion or my feeling, the local -- the mining

23

and the milling that is the most dangerous.

24

end product.

25

mill uranium if not for the needs of the end product.

It's not,

It's the

There would be no reason to mine or

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These needs that I'll talk about are nuclear power

plants and nuclear weapons.

mining could go into either.

it will go into both eventually.

This ore that they are


More probably than not,

I wanted to speak a little bit, too, about

the Rio Puerco, which is considered the most -- the

biggest, rather -- the biggest radioactive spill in

this country and, until Fukushima happened, the

second largest in the world.

Now, this wasn't a

10

nuclear power plant exploding.

11

bomb exploding.

12

that breached its earthen berm containment, a berm

13

that was only two years old at the time.

14

11 thousand -- no -- 1100 tons of radioactive waste

15

into the Rio Puerco along with 93 million gallons of

16

toxic mine effluent.

17

This wasn't a nuclear

This was a mill tailings waste pile

It released

The Rio Puerco -- after this incident the

18

water in the river went from safe drinking water

19

standards to over 7,000 times the safe level for

20

drinking water.

21

often made to look rather benign by the people that

22

are proposing the mill; 7,000 times beyond the legal

23

limit.

The water, of course, was deemed unsafe to

24

drink.

Until this day, the people that have

25

livestock in this area -- this is an 80-mile stretch

This is mill tailings that are so

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of the river -- are told not to water their stock in

this, with this water.

correlation -- or if you water your stock out of

radioactive water, if the animals can become

radioactive, what kind of transmission is there to

the people that consume this?

have been reported, especially recently or after the

incident, that they were -- a lot of lambs and cattle

were being born without limbs, for example.

We don't know what kind of

The livestock there

There's

10

been a noticeable increase in deaths and disease of

11

humans since this accident.

12

Mill tailings are very dangerous.

They

13

need to be contained not just for a few years but for

14

thousands of years.

15

looked at this.

16

testimony of how close Energy Fuels is to insolvency.

17

Things come and go.

18

the economy, especially lately.

19

hundred years from now when there's no money to

20

maintain the mill tailings, to maintain the site?

21

think it's very shortsighted for us to believe that

22

we can manage this kind of waste for that long.

23

again, it isn't just the waste here, but it's the end

24

product.

25

the other day in Missouri that could have

So the economy of -- we've

You know, we've heard some of the

We've all experienced this in


What happens a

And

It's like the near disaster that I spoke of

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contaminated thousands of miles of the best farmland

on the planet forever, as far as in all practicality.

Another thing I wanted to speak of, we've

heard talk of the Whirlwind mine.

mine has been promoted by Energy Fuels as their

flagship mine.

it, how long it's been in their hands.

Whirlwind mine, if that's a flagship, we're in big

trouble.

I don't know how long they've owned


But the

I would like to ask Mr. Filas --

10

HEARING OFFICER:

11

don't get to ask questions.

12

Now, the Whirlwind

MR. GLYNN:

No.

Okay.

I'm sorry.

You

Well, maybe somebody

13

else can ask this off of this testimony.

14

question would be if they are involved in any of the

15

settlements with former employees, monetary

16

settlements that are happening now as we speak.

17

But my

If anyone here has been driving around the

18

region the last few years, they've probably seen big

19

billboards posted, asking people to call a certain

20

number if they were employees in the uranium industry

21

over the years.

22

the Whirlwind mine.

23

of $180,000 for his health issues stemming out of

24

working in the Whirlwind mine.

25

things that we've got to keep in mind when we're

I have a friend who used to work for


He just was granted a settlement

I think these are

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going through this permitting process.

not safe by any stretch of the imagination.

something that should be left in the ground.

Uranium is
This is

I believe that's about all I wanted to

say.

I just want to re-underscore the fact that it

is not just the milling and the mining, but it is the

end product, the stuff that we have to keep such a

close eye on for hundreds of thousands of years.

remember that these products, this is where they go.

10

They go into nuclear fuel for power plants, into

11

nuclear weapons.

12
13

And

Thank you.

HEARING OFFICER:

Do I have anybody else

in the room that wants to make oral public comments?

14

MR. HARRISON:

My name is Max Harrison.

15

HEARING OFFICER:

16

MR. HARRISON:

Max Harrison?

Yeah, Max Harrison.

I've

17

been doing some research on this, and it seems to me

18

from the discovery of radioactive material the

19

problem has always been how to contain it and public

20

safety.

21

solutions.

22

be addressed.

23

the nuclear power plant industry, and these people

24

are going to attend to this problem unless people

25

like you stand up for people like us and say no to

And so far, I don't think there's any real


And the reality of that I think needs to
And don't think the uranium industry,

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this advancement in these particular uranium mills

and what it is that they want to do in this area.

I have a Gamma-Scout that measures

radiation, and I take it with me frequently.

And

it's all over the board.

radiation from these tailings piles.

spikes anytime you go by an old mill site.

fly fish down there at Silver Creek where the

Superfund cleanup was down there.

There is background
It always
I used to

And I'm down there

10

and I'm fishing -- I've been going down there for

11

years, and all of a sudden there's this big cleanup.

12

And come to find out I've been hanging out, going

13

down there with friends and this and that, in a

14

radioactive area from a mill that was just left.

15

know, there's no signs.

16

tell you that you may possibly be standing in a

17

radioactive fill, whatever that means.

18

You

There's nothing there to

And it seems to me that the jury seems to

19

be out on what is safe exposure and what isn't.

20

there's many reports out there that say there is no

21

safe exposure to radioactive material, and I have a

22

tendency to agree with them.

23

your time out to come out and hear us all and have

24

these hearings about this because this is big.

25

And

Thank you for taking

From what I understand, Henry Ford was

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warned about the possible consequences of emissions

from the internal combustion engine, and now we know

it's real, and it's something that we have to address

worldwide.

material being dug up out of the ground and

intensified, made into plutonium and all these things

for bombs and bomb testing and this and that, that

one day we're going to pick our heads up and say, Oh,

my God, we're being radiated, too.

And I'm afraid that this radioactive

I don't think

10

this is a future that any of us want to face and say

11

we did nothing about it.

12
13

Thank you for your time.

I also have a

report I wanted to --

14

HEARING OFFICER:

Okay.

Before you leave,

15

there's a sign-up sheet over by the door.

16

to fill out one of them, if you would.

17
18

MR. HARRISON:

All right.

I need you

You want this

now?

19

HEARING OFFICER:

Yes.

20

Anyone else who's here?

21

MR. EDWARDS:

Thank you.

Judge Dana, yes.

I spoke

22

earlier.

There's one, I think, very important thing

23

which I have yet to hear addressed.

24

if it would be better -- if I'm allowed to speak a

25

second time today quickly.

And I don't know

I was getting lengthy,

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and I left this out.

HEARING OFFICER:

MR. EDWARDS:

Which is what?

Transportation and the

potential -- I've listened to dialog between

attorneys and witnesses regarding the possible

expansion of this mine from 500 tons to a thousand to

1500 on down and also to the bringing in of municipal

water radionuclides waste I guess from the

municipalities around and also the possibility of

10

some waste coming down from Canon City and these

11

other places even higher, making this a radioactive

12

repository.

13

And I do remember when I testified back in

14

2001, whenever it was, regarding the Shattuck

15

materials coming into this area, that one of the big

16

issues was transportation, the amount of trucks, the

17

type of materials that would be carried over these

18

highways.

19

that materials were not brought to Uravan but rather

20

shipped by train somewhere else.

That's just what I

21

understand from what came about.

But I haven't heard

22

anyone really addressing, beyond the initial

23

application for 500 tons, what will be coming, what

24

kind of expansion there would be, and what effect

25

that would have on the traffic DOT requirements,

And I think that was one of the reasons

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et cetera, et cetera, for this area.

include that or I could E-mail it to you --

HEARING OFFICER:

If I could

No, you got it.

in.

about alternative fuel or materials sources or

alternative feed sources.

here or not.

It's

Mr. Tarlton did offer some testimony yesterday

8
9
10

MR. EDWARDS:

I was here for part of that,

but I had to leave in the afternoon so I did not get


to hear the entire testimony.

11
12

I don't know if you were

HEARING OFFICER:

Anyone else?

Yes,

ma'am.

13

MS. VANEK:

14

one point; one point.

I spoke earlier, and I have

15

HEARING OFFICER:

16

MS. VANEK:

Your name, again?

Jolana Vanek.

I spoke

17

earlier.

And when I just listened to the questioning

18

between the attorneys and Mr. Filas, I was keenly

19

aware that during the meeting in Nucla there was a

20

great concern of the public.

21

who spoke about the dust concerns because there is

22

dust generated.

23

what is it -- 40,000 tons of dust generated a year

24

permitted for.

25

the EPA afterwards he said to me, Don't worry about

There were 31 people

And part of the application is --

And when I spoke to Mr. Seth Low from

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it much.

highly radioactive because as it gets processed by

sulfuric acid, it becomes highly radioactive.

don't worry about it.

Only 3 percent of the 40,000 pounds is

So

It's just 3 percent.

But I like calculators.

I like math.

It's a high amount.

What I came across was somebody

went to the CDPHE offices and discovered, by the

Freedom of Information, an E-mail that was discussing

the senior planner of Montrose wanting to know about

10

the health issues regarding radioactive dust.

11

the answer from CDPHE from -- I think it was Phil

12

Egidi -- was that it would take a while to put

13

something together, and time was short.

14

three weeks to the final verdict by the Montrose

15

board of commissioners.

16

And

It was only

So the health department sent the senior

17

planner, Mr. John Washbush, to Montrose.

He was

18

referred to Energy Fuels for expertise.

19

told that Energy Fuels has all the health experts it

20

needs.

21

tobacco companies testifying that there is no danger.

22

And when I heard Mr. Filas saying yes, there is

23

definitely a danger connected to radioactivity dust,

24

there's a full 1 percent that would escape the --

25

what are they called -- the scrubbers.

And he was

And I was thinking it reminded me of the

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And I have been thinking about 1 percent

of whatever they process, which is -- I don't know

how many tons a year.

1 percent of that processed stuff will escape from

the chimney.

sent to the operator/applicant for health

information, that really concerns me, to be receiving

for my health information.

9
10

It's 500 tons a day.

And I thought, that's huge.

HEARING OFFICER:

So

And being

Thank you.
Anyone else?

Anyone on

the phone that wants to make a public comment?

11

Mr. Filas, you want to come back up here.

12

I asked you before the break how much more

13

you had.

14

I'll ask again.


MR. STILLS:

In the spirit of

15

Dr. Grossman's answer a couple days ago, I'm trying

16

to aim long and come in short; probably an hour and a

17

half.

18

so.

19
20
21

Thank you.

I think I've only had an hour or

HEARING OFFICER:

No, I'm not quarreling

with what you have.


MR. STILLS:

I'm just looking at the clock

22

and where I am in my day and things.

It actually has

23

nothing to do with this hearing so I'll keep my

24

editorials to myself.

25

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2
3

CROSS-EXAMINATION (resumed)
BY MR. STILLS:
Q

Good afternoon again, Mr. Filas.

believe that you testified that Energy Fuels'

tailings disposal methods provide a modern

alternative to past practices; is that correct?

Yes.

But the tailings disposal that you chose

9
10

to submit with the application is not the only means


to dispose of uranium tailings; is that correct?

11

That's correct.

12

There are other alternatives out there?

13

Under current law there are two

14

alternatives: conventional disposal and what we call

15

paste tailings.

16

And your application did not analyze --

17

I'm sorry.

18

the use of paste tailings?

Your environmental report did not analyze

19

Yes.

20

But that is an accepted method?

21

Yes.

22

And dry stack tailings disposal, are you

23

familiar with that?

24

That's the same as paste tailings.

25

There's no difference between paste

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2

tailings and dry stack?


A

They both accomplish the same thing.

They're not fundamentally different.

two different methods.

conventional tailings, as we have, or you can dewater

your tailings and put them in a repository.

The EPA allows

You can either go with the

And when you submitted the application,

you knew that paste tailings was an available

alternative; is that correct?

10

11

Correct.
MR. STILLS:

I'd like to submit for the

12

next exhibit Document EFPH 0147872.

13

document titled "Pinon Ridge Mill License

14

Application, Potential Technical Issues, Frank Filas,

15

11-25-09."

16
17

HEARING OFFICER:

This is a

Is this part of the

record?

18

MR. STILLS:

19

HEARING OFFICER:

20

(Sheep Mountain Exhibit 23 admitted.)

21

It's part of the record.

(By Mr. Stills)

It's marked as 23.

So in 2009 when you

22

submitted the application, you knew that the state

23

was interested in paste tailings disposal; is that

24

correct?

25

I knew that one person at the state was

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2
3
4

interested in it.
Q

And can you read where it starts with "The

state likes this concept."


A

"The state likes this concept because

there would be little to no chance of leakage of

tailings solution and the tailings would already be

dewatered, which would facilitate reclamation.

also favor having only 10 acres of tails open at any

one time" --

They

10

I'm sorry.

Go ahead and continue with --

11

-- "rather than the 80 acres allowed for

12

conventional phased tailings operation.

13

may add evaporation ponds under this umbrella, which

14

would limit us to 40 acres of tailings."

15

Note, EPA

So there are several alternate

16

configurations of the tailings identified in that one

17

paragraph; is that correct?

18
19

There's two; phased conventional and paste

tailings.

20

So that's three?

21

No.

22

So that's --

23

-- is one --

24
25

A phased conventional tailings --

THE REPORTER:
Q

(By Mr. Stills)

Excuse me.

One at a time.

Is phased conventional

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tailings one?

Yes.

A cap at the end, conventional tailings,

is two?

No.

That's not the same as phased?

That's all part of phased.

You have phased conventional tailings.

at the end.

10
11
12

It's not two.


You cap them

Can you cap as you go, a continuous cover

approach?
A

You can -- to a certain extent you can cap

13

as you go with paste tailings, but it would not be a

14

final cap.

15

landfill.

16
17
18

It would just an interim cap, much like a

So that's another alternative?

An interim

cap phased, and at the end you cap the whole thing?
A

We're looking at two alternatives.

We're

19

looking at the two that the EPA allowed.

20

conventional tailings system, and the other is a

21

paste tailings or stacked tailings.

22

One is a

So we are in agreement that there's at

23

least two, even if we can't agree on how many

24

configurations and --

25

There are two.

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-- how many alternatives --

There are two.

-- how many variations --

Okay.

We can stop there.

But no analysis

of those alternative methods for tailings disposal

were in the environmental assessment even though you

knew in 2009 -- were in the environment report even

though you knew in 2009 that that was something that

the state would like to know about?

10
11

This was -- this memo was written after

the environmental report was submitted.

12

13

submitted?

14

November 18, 2009.

15

So less than a week?

16

A week later, yes.

17

But you didn't go back and update the

18

When was the environmental report

environmental report, did you?

19

No.

20

After this time did anyone from CDPHE ask

21

you to analyze paste tailings alternative disposal

22

methods?

23

No.

24

Was it ever discussed again?

25

I don't recall.

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So as a member of the public, there's no

way to read the application documents and know about

paste tailings; is that correct?

Correct.

And you also testified that the industry

has made advances in tailings disposal methods since

the '80s back when Energy Fuels Nuclear owned White

Mesa; is that correct?

Correct.

10

So there's no alternative -- I'm sorry.

11

There's no comparison of any improvements of Energy

12

Fuels' design in the environmental report, though,

13

was there?

14

15
16

I'm not sure I understand your question.

Could you expand on it?


Q

Did the environmental report look at an

17

alternative which was, build as we've always done,

18

and another alternative that says, build as Energy

19

Fuels would like, that resulted in a comparison of

20

the impacts?

21

I still don't understand your question.

22

Was there any way to know whether or not

23

Energy Fuels' design was better than past designs in

24

the environmental report?

25

I'm not sure.

I don't recall the exact

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explanation that went with the text in the

environmental report.

3
4

So you were brought in as an expert in

environmental permitting; is that correct?

That's one of the things I do, yes.

But you don't know what an alternatives

analysis does?

8
9
10

A
does.

I don't know if that was evaluated in the

environmental report.

11
12

I do know what an alternatives analysis

And you were responsible for preparation

of the environmental report; is that right?

13

Correct, but that was --

14

And you testified during these proceedings

15

as to the compliance of that document I believe for

16

two days last week; is that correct?

17

Parts of two days maybe.

18

Okay.

And Energy Fuels has not contacted

19

the Navajo Nation regarding cultural resources at the

20

site?

21

Our archaeologists -- we did not contact

22

anybody.

23

three of the Ute tribes.

24
25

Our archaeologists contacted I believe

And those were the only tribes that were

contacted, correct?

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That's my understanding.

So the Hopi tribe, the Acoma tribe, the

Navajo tribe, all of whom have descendants in this

area, were not contacted?

5
6

To the best of my knowledge, they were

not.

MR. STILLS:

I'm going to talk about some

things that are designated confidential, but I'm

going to avoid the confidential aspects so that we

10

don't have to close this public hearing.

11

that through the submission of papers, as we

12

discussed before, we can talk about the CH2M Hill

13

basic engineering design and those other documents.

14

And folks in the public will have to deal with it,

15

but as a party we're just going to go ahead and make

16

reference and avoid the confidential aspects.

17

MS. LUCAS:

I believe

I have a question about that.

18

We haven't designated any aspects of the CH2M Hill

19

report nonconfidential except for those that were in

20

the application itself.

21

going to talk about?

22

MR. STILLS:

Are those the ones you're

I'm going to talk about their

23

basic existence, but I'm not going to talk about

24

anything that is not publicly known about those

25

documents.

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MS. LUCAS:

How do you define what's

"publicly known about those documents" other than

what's in the application?

referring to application material, I guess is what

I'm asking.

MR. STILLS:

Are you going to be

I'm not going to be referring

to the details in those documents at all.

wanted to make you aware, as a courtesy, that we'll

be near that subject matter.

10

MS. LUCAS:

11

I just

All right.

(By Mr. Stills)

So CH2M Hill provided

12

basic engineering design for the project.

13

that?

When was

14

I believe the final report was issued in

15

early 2009.

16

Is that design still being relied upon?

17

Yes.

18

Have changes been made to that design?

19

We've looked at what we could leave out

20

for a 500-ton-per-day mill.

And there was a few

21

tanks that we could take out, but otherwise the

22

milling configuration would remain the same.

23

final decision was made on whether we would not take

24

those tanks out during construction because it would

25

be a matter of whether we could come in afterwards

No

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and install them.

that we could facilitate adding it later on, I think

that's the approach we would have taken.

been no final decision.

yes, is still the same.

6
7
8
9
10
11
12

In other words, if it's something

But there's

In other words, the design,

But you provided those changes to CDPHE in

2011; is that correct?


A

We provided a drawing showing which of

those tanks we might not install as part of


construction.
Q

And CDPHE did not update any of its

materials based on those updates; is that correct?

13

That's correct.

14

So the mill is still designed to produce

15

with a production capacity of a thousand tons per

16

day; is that correct?

17
18

tons per day if we had all the permits.

19
20

MR. STILLS:

23

Would you read back my

question, please.

21
22

It could conceivably produce a thousand

(Last question read.)


Q

(By Mr. Stills)

I'm sorry.

Go ahead.

I'm just doing this while you answer the question.

24

Okay.

Yes.

25

What was the reason that you updated the

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design?

We never did update the design.

What was the reason you made changes to

the design?

As far as -- are you talking about the

drawing we submitted in 2011 showing which tanks we

might eliminate?

8
9
10

Among other changes, but yeah, that's what

I'm talking about.


A

You know, I don't really recall.

11

may have asked us that question.

12

it was a burning issue, though.

13
14

MR. STILLS:
exhibit.

CDPHE

I'm not sure that

Submit EFPH 0053278 as an

It's already in.

15

HEARING OFFICER:

16

(Sheep Mountain Exhibit 24 admitted.)

17

(By Mr. Stills)

It will be marked as 24.

This is an E-mail from

18

that time period, and I use it so I can refer to

19

things that are confidential.

20

starts with, "We are currently permitting."

21

Where's that at?

22

I'm sorry.

23

Can you read where it

I should also say this is a

E-mail from you; is that correct?

24

Correct.

25

And it's dated July 5, 2011; is that

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correct?

Yes.

Okay.

"We are currently permitting the

Again, after the --

1,000-ton-per-day mill with Colorado Air Pollution

Control and have the opportunity to fix the

application and modeling if the CH2M Hill design is

incorrect.

10

Thanks for your help with this."


You're permitting a 1,000-ton-per-day mill

for the Colorado Air Pollution Control?

11

That's correct.

12

Of the Colorado Department of Public

13

Health and Environment?

14

That is correct.

15

And they won't let you put a smaller

16

program -- project forward, saying you're going to

17

run it smaller and then permit it later?

18

whole project here, and they require you to permit

19

the whole project; is that correct?

They see a

20

Partially.

21

But the design of the mill is also

22

changing as to boilers, locations of things?

23

tweaking the design; is that correct?

24

No, that is not correct.

25

Okay.

You're

Like I said, I'm trying to -- I'll

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deal with the other stuff elsewhere.

The mill is designed based on a long-term

plan to increase processing to 1,000 tons per day;

isn't that correct?

Yes, if the conditions are allowed for it

later on.

sense, that was the plan.

8
9
10

In other words, if economically it makes

And Montrose County will allow you to run

the mill as hard as you can run it as long as you


don't exceed a yearly average; isn't that correct?

11

Correct.

12

Take a look at that document for me while

13

I deal with the computer.

14

document?

Are you familiar with that

15

No, I'm not.

16

You've never seen it before?

17

Not that I recall.

18

Did you certify Energy Fuels' response to

19

discovery, which included the production of

20

documents?

21

I don't recall doing that.

22

Are you aware that your signatures is on

23
24
25

the Energy Fuels discovery response in this case?


A

Okay.

It could have been if the attorneys

asked me to sign something.

Understand, we gave you

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probably hundreds of thousands of documents.

see each one of them?

Did I

Probably not.

You just threw them out the door?

No.

5
6

I looked at my own files, but I did

not look at every other file that was submitted.


Q

But if we have this and it's stamped EFPH

0053906, this is an Energy Fuels document?

no question about that?

No, it looks like an Energy Fuels

10

document.

11

is definitely an Energy Fuels document.

12
13

And if it was in what we gave you, then it

And this is a three step plan dated March

of 2012; is that correct?

14

Yes.

15

Let's move through this document.

16

There's

Are you

aware -- you're not aware of this document?

17

No.

18

Does this look like something that Steve

19
20

Antony normally prepares?


A

This looks like something that Steve

21

Antony may have prepared in -- is this something that

22

goes with this document (indicating)?

23

24

error.

25

Thank you.

It's not.

It's a stapling

It looks like something Steve Antony may

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have prepared in response to questions from the board

as to how you could expand this mill in the future.

3
4

Okay.

And there's actually a plan for

producing the mill -- or improving --

MS. LUCAS:

Your Honor, I object to the

line of questioning on this document that Mr. Filas

has just testified he's not familiar with.

8
9

HEARING OFFICER:
record.

Well, it's part of the

I'll allow him to examine it.

He's not

10

taking authorship of it, but I'll allow questions

11

about it.

12

(By Mr. Stills)

So there's the plan as of

13

March of this year, and that's before Judge Mullen's

14

order which would have changed the plan.

15

recall Judge McMullen's order?

Do you

16

His order changed the plan?

17

You don't have a license.

18

Okay.

19

A construction start requires a license, I

20

We don't have a license.

would presume.

21

Uh-huh.

22

So apparently this plan would have

23

changed, or maybe not.

I don't know.

24

Uh-huh.

25

Does Energy Fuels still plan to start

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construction in 2012?

No.

Okay.

There we go.

So Stage 1, build a 1,000-ton-per-day

capacity mill and start production at 500.

capital.

MS. LUCAS:

Raise the

One more objection, Your

Honor.

The witness has testified based on counsel's

question that there is no plan because there's no

10

construction plan for 2012.

11

to the relevance of this document in light of the

12

order setting aside a license.

13

HEARING OFFICER:

So renew the objection

It's in the record.

14

I'll consider it, and I'll allow questions on it.

15

mean, the weight to be given to those questions and

16

the answers is a whole different question, but I'll

17

allow it.

18

(By Mr. Stills)

All right.

As soon as

19

the mill gets under construction, Line 2, Energy

20

Fuels' approach to licensing is to, in 2012, get a

21

license amendment in to get up to 750 tons per day.

22

Is that what this document says?

23

Yes, that's what this document says.

24

And then next year CDPHE's (sic) plan is

25

to get another license amendment in by the end of

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2013 to ramp up to 1500 tons per day; is that

correct?

MR. GOAD:

question as to "CDPHE's plan."

5
6

MR. STILLS:

Your Honor, I object to the

My mistake.

(By Mr. Stills)

Energy Fuels' plan is to

submit a license amendment to CDPHE by the end of

2013, the year after the 750 is in, but now to go to

an upgrade to 1500; is that correct?

10

You know, I think it's unfair to

11

characterize it as Energy Fuels' plan.

12

not involved in this.

13

us questions as to, okay, if the price of uranium

14

allows it, how fast could you permit something like

15

this, how fast could you build it, what would the

16

cost be.

17

Again, I was

But our board frequently asks

This is what you do as a company.

You

18

look at the various possibilities into the future.

19

So to characterize this PowerPoint as a definitive

20

plan I think is incorrect.

21

potential plan that the board asked him to look at

22

with some guidelines as to increasing production.

23
24
25

It is probably a

So it's a reasonably foreseeable scenario

even if it might not be a plan?


A

I wouldn't call it a reasonably

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foreseeable scenario other than the fact that we

probably look at 30 to 40 different scenarios as a

company.

obviously not at this time with the price of uranium

and with the license set aside.

Is this one that is likely?

Well,

But at the time in March when this was

produced, it seemed like a likely scenario before

Judge McMullen invalidated the order, right, the

license?

10

You know, again, I was not part of this.

11

And if it was a likely scenario, I think I would have

12

been more aware of what was going on.

13

asked to begin license permitting for an amendment to

14

expand to a thousand tons per day.

15
16

I was never

Is there more about this licensing

application that you might not be aware of?

17

18

application.

What we submitted was a license

19

application.

This is something that I believe that

20

our management was informing the board on what could

21

possibly be done in the future to increase production

22

and also to finance the project moving forward.

23

I wouldn't call this a licensing

But you're not necessarily kept in that

24

loop even though you're in communication with CDPHE

25

about what Energy Fuels' plans are on this project

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1
2

proposal; is that correct?


A

I am kept in the loop as far as anything

definitive going forward.

I will certainly know

about it and plan for it.

And when and if that

happens, I will inform CDPHE and the county.

MR. STILLS:

as an exhibit, please.

8
9

HEARING OFFICER:

This is going to be

marked as 25.

10
11

I'll go ahead and enter that

(Sheep Mountain Exhibit 25 admitted.)


Q

(By Mr. Stills)

It's correct that the

12

environmental report was never updated to address

13

anything other than a 500-ton-per-day mill's impacts?

14

That is correct.

15

That's all we have in front of us?

16

Correct.

17

Have you discussed expansion plans of any

18
19
20
21
22
23

kind with CDPHE?


A

Yes, to a certain extent, but very

limited.
Q

But they are aware of your plans to expand

past 500, regardless of how far; is that correct?


A

They are aware that someday we may file an

24

amendment to expand the mill to a thousand tons per

25

day average production.

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I guess we've got two -- sort of two sets

of applications with two different processing rates

in front of the same department.

at changes in one.

other?

Who's looking at changes?

Would changes with the Air Pollution

So they're looking

Would those changes affect the

Division application involve changes at the Radiation

Control Division?

10

There's no intent to change our

11

application that's in front of the Air Pollution

12

Control Division.

13

I don't know if I artfully asked it.

14

Would changes in the Air Pollution -- would changes

15

requested by the Air Pollution Control Division

16

necessarily impact -- I'll start again.

17

If changes were made in the Air Pollution

18

Control Division in the time they were reviewing that

19

permit, should those be analyzed by the radiation

20

folks, as well?

21

MS. LUCAS:

Objection, Your Honor.

22

There's no background for Mr. Filas to answer the

23

question of whether it should or shouldn't be

24

reviewed by the other part of the agency.

25

HEARING OFFICER:

The witness can express

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1

his opinion.

binding on CDPHE or the process.

3
4
5

I don't think -- I won't take that as

What changes are you referencing?

Are you

referencing theoretical changes or real changes?


Q

(By Mr. Stills)

Let's start with real

changes.

Air Pollution Control Division asked you-all to make?

8
9

Do you know of any real changes that the

The only one that I'm aware of is we added

an additional tank on the -- to recover -- as a

10

storage tank for organic.

11

basically to do a better job of removing the organic

12

from the SX solution.

13

hydrocarbon emissions.

14

radiation program on that, and that's the only one I

15

can think of right offhand.

16
17
18

And I think that that was

Again, that was done to reduce


I believe we copied the

Were there any other requests to change

things?
A

They asked us to look closely at the

19

process and see if we could do more based on new

20

technologies.

21

comprehensive, reasonably available control

22

technology to them that evaluated what might be done.

23

And we did submit a pretty

But it is important to analyze changes

24

across two different permits so you still have the

25

same project in front of you; is that correct?

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If those changes are substantial, yes.

they're minor, I would say no, if it doesn't have a

material effect on what that regulating agency

regulates and is responsible for.

If

5
6
7

So can a minor change to air issues have a

major change to, say, water?


A

I suppose it could happen.

But again, the

radiation program was copied on that change as far as

the additional tank that we added.

10
11

Okay.

Would you look at what's up there.

Is this an E-mail from Bob Monok to yourself?

12

Well, I don't know.

13

Sorry.

14

You've kind of --

I had to grab the name at the

bottom because I -- do you recognize this E-mail?

15

You say this is from Bob Monok?

16

Sorry if I got his name wrong.

17

Okay.

18

I just wanted to know if you recognize it?

19

I don't recognize it, to be honest.

20

Go ahead.

That's why I kind of would like to read it.

21

MR. STILLS:

22

Fuels.

23

at the bottom.

24
25

Okay.

I'm sorry.

It was produced by Energy

I didn't give counsel the number

It's EFPH 0135734.

(Sheep Mountain Exhibit 26 admitted.)


Q

(By Mr. Stills)

This expresses a concern.

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Mr. Pray proposed a belt filter or equivalent to deal

with processed fluids, reducing the amount of fresh

water make-up.

proposal, at least?

Does that seem like a reasonable

It turned out it wasn't.

Why not?

I don't recall.

But at that time Chuck

Pray, who is the project -- the permit lead for APCD,

was throwing out a lot of ideas that his people were

10

coming up with with the idea could some of these

11

possibly be appropriate.

12

recollection.

13

E-mail so I'm just surmising from what I've seen so

14

far.

15

At least that's my

Again, I haven't seen the entire

I do know we looked at quite a few

16

alternatives for Air Pollution Control Division.

And

17

ultimately the focus remained on trying to remove

18

hydrocarbons using the centrifuge and a storage tank

19

to store that prior to centrifuging that raffinate.

20

I believe it was the organic -- or it was a mixture

21

of organic and aqueous.

22

them.

23

with, they really didn't understand the process very

24

good.

25

certain things just wouldn't work.

Again, we looked at a lot of

Most of the ideas that the APCD was coming up

And we spent some time showing them why

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Is that because you need to look at the

project sort of as a whole to understand if Chuck

Pray wanted to change one thing, it could change

other things?

No.

If it made sense to make a change, we

would have made that change, and we would have copied

the radiation program.

belt filter and another type of filter is not a

large, substantial change as far as from most

Now, the difference between a

10

agencies' perspective.

Again, we were trying to

11

figure out a way to recover more hydrocarbon in the

12

SX process.

13

But as part of that analysis of whether

14

the costs outweighed the benefits of that technology,

15

you kind of have to look and see what it does to the

16

rest of the project; is that correct?

17
18
19

It wasn't that big of a change.

It was

just an unworkable suggestion.


Q

Because according at least to this E-mail

20

to you, that change would have had a cascading effect

21

of a lot of different projects -- or a lot of

22

different issues; is that correct?

23

MS. LUCAS:

Objection to the fact that

24

counsel is testifying from an E-mail that he hasn't

25

let the witness read completely yet.

I would request

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that he allow Mr. Filas the opportunity to read the

rest of the E-mail so he can refresh his

recollection.

(By Mr. Stills)

I don't want to spend a

lot more time on this document other than to say that

if there were some issues and that issue was tied to

many others, I believe Mr. Monok's conclusion that

you may have to do model runs, you may have to go

down other avenues, look at other documents when

10

changes are made, that's standard procedure; is that

11

correct?

12

In this case -- Bob Monok is a very good

13

process design engineer.

14

understand the permitting process.

15

overreacting to a suggestion by APCD that was just

16

unworkable, and he saw a lot of imaginary demons in

17

there.

18

much a moot point.

19

permitting.

20

21

Sometimes he struggles to
I think he was

We did not change the process so it's pretty


Bob is not an expert in mill

He's an expert in mill design.


Do you recall if a properly strongly

worded letter ended up putting this issue to rest?

22

I don't recall.

23

Did a strongly stated phone call put this

24
25

to rest?
A

I don't recall.

And to be honest with

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you, again, it wasn't a big issue.


Q

Is that how issues are dealt with in

permitting, is strongly worded letters and strong

objections so you don't have to do more modeling and

more review?

6
7

MS. LUCAS:
A

I guess I don't --

MS. LUCAS:

MR. STILLS:

10

Objection.

MS. LUCAS:

The question -I'll withdraw the question.


Counsel is using the words

11

"strongly worded" as though it's quoted from

12

somewhere, and I'm curious where that's coming from.

13
14

MR. STILLS:

sentence from Bob, please.

15
16

Could you lead the last

HEARING OFFICER:

Are we still on the same

exhibit?

17

MR. STILLS:

Yes.

18

"I guess I could go on and on with the

19

negatives.

Hopefully I have hit upon some of the

20

most important and that with a properly strongly

21

worded letter can be put to rest."

22
23
24
25

Q
document.

No more questions on that particular


Thank you.
So again, we talked a minute ago about a

design process with 1500 tons per day; is that

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correct?

Repeat the question.

We just looked at a document a couple

minutes ago that dealt with a 1500-ton-per-day idea

about the mill; is that correct?

Yes.

Okay.

11

The document said plan, though, I

believe.

9
10

It brought up the concept.

HEARING OFFICER:
Q

(By Mr. Stills)

Is that a question?
Did the document say

"plan"?

12

The cover said "plan."

13

Thank you.

14
15

Were any other plans developed

around a 1500-ton-per-day capacity?


A

I was not even aware of this presentation.

16

And I have -- in the past when we've been doing water

17

rights, we've looked at the possibility of getting

18

enough water for an ultimate 1500-ton-per-day mill.

19

And that is probably about it as far as from my part

20

of the world when I've looked at 1500 tons per day

21

possibly in the future.

22

MR. STILLS:

23

HEARING OFFICER:

24
25

Here's the next exhibit.


This is, for the

record -MR. STILLS:

Oh, sorry.

I should be doing

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that.

2
3

HEARING OFFICER:

EFPH

0148360.

4
5

That's okay.

(Sheep Mountain Exhibit 27 admitted.)


Q

(By Mr. Stills)

So this is a December

2010 monthly report, environmental permitting; Frank

Filas, environmental manager.

it's bolded in yellow?

Could you read where

"In conjunction with this filing,

10

engineering staff designed a preliminary pumping

11

pipeline and pump storage system that would supply

12

the water needed for future expansion of the mill

13

capacity to 1500 tons per day or more."

14

You wrote that, correct?

15

Correct.

16

Are there any other examples where you

17

were involved with a mill capacity potential of

18

1500 tons per day or more?

19

Not that I recall.

20

Think about it for a second.

21

recall any?

22

No, I don't.

23

For these alternate -- all of these

Do you

24

alternate numbers, you said it's economics that's

25

keeping you from going beyond 500; is that correct?

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It's economics in the fact that you would

have to have the right price, and you would also have

to have enough mines to produce the ore for a larger

size or a larger production.

5
6
7

Is there anything else that is restricting

the mill to 500 tons per day?


A

Our permit with the county.

Our set-aside

permit with the radiation program was also based on

500-tons-per-day annual average.

10

And why was that kept at 500 tons per day?

11

Which one?

12

The county.

13

The county was set at 500 tons per day

14
15
16
17

because that's what we requested.


Q

Any other reason why you're staying at

500 tons per day right now?


A

Yes.

We did not have sufficient water

18

capacity to run a 1,000-ton-per-day mill, and we also

19

didn't have a sufficient ore supply to run it at a

20

thousand tons per day.

21

other large project, you have to look at the impacts

22

associated with it.

23

water's coming from, you don't know where your ore's

24

coming from, you pretty much can't permit it under

25

today's regulations.

When you permit a mill or any

If you don't know where your

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And today's regulations require you to lay

out a range of alternatives to be able to figure out

what you can build; is that correct?

Not necessarily.

You have to look at

alternatives.

With regard to the CDPHE license, we

looked at the 500-ton-per-day alternative and we

looked at the no alternative -- or the no, not build

it.

considered.

So there was the two alternatives that were

10

So you looked at yes and no?

11

Correct.

12

And you testified as an expert in

13

environmental permitting.

Is that approach allowed

14

under the National Environmental Policy Act?

15

Yes, it is.

16

You're not required to have a range of

17

alternatives?

You can look at yes and no?

18

Correct.

19

Even if there are alternatives identified

20

that have been somewhat considered; is that correct?

21

Can I expand on that?

22

No, you may not.

23

Repeat the question.

Please answer yes or no.

24

MR. STILLS:

Read it back.

25

(Page 1,337 Lines 19 through 20 read.)

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Alternatives that are identified and

somewhat considered generally do not have enough

information to allow them to be evaluated fully as

part of an alternative.

allow for the proposed project and the no project

alternative.

8
9
10
11
12
13

So in that case, agencies do

(By Mr. Stills)

But again, you need to

look at all reasonable alternatives; is that correct?


A

All reasonable alternatives that can be

properly defined.
Q

And can we define the issue of water

supply?
A

No, you cannot, for a 1,000-ton-per-day

14

mill because you haven't defined where that water

15

would come from.

16

would the ore come from?

17

transportation impacts?

18
19

The same thing with ore.

MR. STILLS:

Where

What would be your

This is Document EFPH

0148045, and we're on the third page.

20

(Sheep Mountain Exhibit 28 admitted.)

21

(By Mr. Stills)

22

Could I see the date of this document?

23

I'll read it to you.

24

HEARING OFFICER:

25

THE WITNESS:

In fact --

November 8, 2010.

Okay.

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2

(By Mr. Stills)

Are you familiar with

this document?

No, because I'm only looking at the middle

of it.

part of a document that I probably haven't read in

two years.

As usual, Travis, you're having me look at

Is this a memorandum to Steve Antony from

Frank Filas, November 8, 2010, talking about mill

water rights?

10

Correct.

11

It talks about the current status of the

12

mill water rights and the potential future water

13

supply for the mill?

14

And note the date on this.

It's one year

15

after the environmental report was submitted in

16

November of 2009.

17

Okay.

Your consultants have been working

18

on three alternative water supplies for potential

19

future use at the mill; is that correct?

20

it done to cfs; is that correct?

21

answer.

You've got

You don't need to

I'll just rely on the document.

22

Take some time to read this portion, if

23

you would.

24

Okay.

25

No, I can't.

You want me to read it out loud?

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So the San Miguel River, Delores River,

and groundwater are the three alternative sources of

water for this mill; is that correct?

Correct.

As well as -- I guess there's a fourth.

More distant groundwater to the north or the south?

Correct.

But those all the involve federal action;

isn't that correct?

10

Yes.

11

So those were avoided to avoid triggering

12

an environmental impact statement; isn't that

13

correct?

14
15

500-ton-per-day mill.

16
17

No, because we don't need those for the

Do you need them for a 1,000-ton-per-day

mill?

18

Yes.

19

Thank you.

20
21

Are you familiar with the rivers in this


area?

22

Somewhat.

23

Are there years when even the amount of

24

water for a 500-ton mill -- where water would --

25

water would not even be available?

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There could be months in a year or a

period of time in the summer during a drought year

where you may not have that water available.

4
5

And that goes for the Delores River,

correct?

Yes.

And the San Miguel River; that's correct?

Yes.

And for the groundwater in those same dry

10

years; is that correct?

11

I'm not sure on the groundwater.

12

You can't testify to the groundwater

13
14

source?
A

We never identified a groundwater source.

15

There could be groundwater sources that are tributary

16

to a river that would have conditions placed on them.

17

And I understand that you could have groundwater that

18

is not tributary to a river.

19

Okay.

I appreciate that.

That's a fourth

20

category.

21

category, which is the groundwater supply that you've

22

identified --

23

24
25

But I meant to ask about the third

You could have -THE REPORTER:

(By Mr. Stills)

I'm sorry.
-- that you've identified

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2

as part of this application.


A

Yes.

You could have constraints put on

you for a period of time during a drought where you

would not be allowed to pump water.

So it's foreseeable that you could have a

year where you can't get water from any of those four

sources; is that correct?

No.

I would say you could have a period

of time during a year when you could not pump water.

10

That is why when we looked at pipeline alternatives,

11

we included a pond for storage, as you're aware.

12

therefore you would store water and not necessarily

13

have to pump when the water -- when the water in the

14

river was low.

15
16
17

I don't recall seeing an alternatives

analysis that included pipelines.


A

And

Did I miss that?

That was done one year -- this evaluation

18

was done one year after the environmental report was

19

put forward.

20

part of our application.

21

500-ton-per-day license.

22

And the 1,000-ton-per-day mill is not


We applied for a

But as far as the 500 question, there

23

could be times when you couldn't get water from any

24

of the three; is that correct?

25

Not that I'm aware of.

I think our

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on-site wells would supply the water for the

500-ton-per-day mill, and we would not necessarily be

dependent on a pipeline.

4
5

groundwater being linked to precipitation events?

6
7

HEARING OFFICER:

MR. STILLS:

I have five minutes, and I

can cut off here easily.

10
11

Let me interrupt you.

The reporter's running out of steam.

8
9

Did you hear testimony about your

HEARING OFFICER:
Q

(By Mr. Stills)

Okay.
So I'll try to get

12

this -- did you get a report in 2007 talking about

13

the feasibility of water from these three sources?

14

Yes.

We did -- we did get a report early

15

on from a consulting company that did discuss various

16

possibilities.

17

and that was before we even investigated the on-site

18

water sources.

But it was a very preliminary report,

19

Do you remember the name of that company?

20

It might have been -- Wright Water

21

Engineers?

22

23

Is that the report you're referring to?


Yes.

And that report's been designated

confidential; is that correct?

24

I don't know.

25

Would a report concerning the availability

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2
3

of water from those sources be confidential?


A

If it was part of our water attorney's

docket, yes, it would be.

MR. STILLS:

I'd identify for the record

the report I'm referring to is EFPH 0140897.

know that I need to voir dire it out as far as its

confidentiality.

arguments and take up our time, but I think we're

good for now.

10
11

I'm not going to make those

HEARING OFFICER:

MS. LUCAS:

13

HEARING OFFICER:

14

MS. LUCAS:

Now, if I

He's not here.


But, I mean --

Not forever.

He'll be back

tomorrow, hopefully.

16
17

Okay.

could -- did we lose Mr. Spaanstra?

12

15

I don't

HEARING OFFICER:

If I wear you all out,

then I will be ahead of the game.

18

If we could have a -- during this

19

10-minute break, let's spend three of it talking

20

process.

21

(Recess from 5:35 p.m. to 5:49 p.m.)

22

MR. STILLS:

23
24
25

patience.
Q

I appreciate everyone's

We'll just continue, I guess.


(By Mr. Stills)

It was your testimony

that Energy Fuels' submitted a surety estimate that

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was based on an in-house calculation of about a

million dollars for the decommissioning surety?

No; 11 million, I believe.

11 million.

I'll

slow down to make sure I'm accurate.

6
7

I am getting tired.

So the in-house estimate was about


11 million; is that correct?

Correct.

And the estimate is based on a closure

10

scenario where the facility operates as planned for

11

40 years; is that correct?

12

No.

It's based on the -- it is based on

13

the maximum height of the Tailings Cell A and the

14

full size mill.

15

other tailing cells that would not be constructed

16

during the five-year license period.

17

doesn't -- it includes 40 acres of evaporation ponds,

18

but it does not include the other 40 acres that would

19

also not be built or operated in the five-year permit

20

period.

21

But it does not include the two

And it

But the methodology for the estimate

22

doesn't take into account -- I'm sorry.

The

23

methodology for the estimate involves a closure

24

scenario where it operates for the full life of those

25

components; is that correct?

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Correct.

And are you aware of any conventional

uranium mill that has operated as planned without

contamination in the United States?

No.

And Energy Fuels did not provide CDPHE

with a surety estimate based on a fire that

resulted -- that caused a closure of the mill; isn't

that correct?

10
11

MS. LUCAS:
Q

Objection.

(By Mr. Stills)

What mill?

As part of the surety

12

estimate -- I'll rephrase -- Energy Fuels did not

13

provide a scenario that included a fire causing the

14

closure of the mill; is that correct?

15

That is correct.

16

And as part of the estimate, Energy Fuels

17

did not provide a surety estimate based on any design

18

failures; is that correct?

19

That is correct.

20

Energy Fuels did not provide a surety

21

estimate scenario that involved cleanup of the

22

groundwater plume; isn't that correct?

23

That is correct.

24

And Energy Fuels did not provide CDPHE

25

with a surety estimate based on a worst case

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2

scenario; isn't that correct?


A

I disagree with that.

I think that what

we provided was a worst case within what we're

permitted to do.

Tailings Cell A even though that would not have

occurred during the five-year licensing period.

By that I mean full build-out on

And again, listen carefully, if you would.

When Energy Fuels provided its surety estimate, there

was no discussion of a worst case scenario as part of

10
11

that estimate; is that correct?


A

No.

There was a discussion in the

12

reclamation cost estimate about doing the estimate

13

for a Tailings Cell A that had reached full capacity,

14

which was the more expensive alternative, even though

15

we know it would not reach capacity during the

16

initial five years.

17
18
19
20

I guess by "worst case scenario" I mean a

disaster of some kind that closed the mill.


A

No.

There was no estimate for a

disaster-related closing.

21

No range, no estimate whatsoever?

22

For that conception -- or for that

23
24
25

possibility, no.
Q

Energy Fuels only provided CDPHE with one

scenario in its surety estimate; is that correct?

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2

That is correct.

We provided for the

approved closure plan.

estimated?

Do you recall having any other scenarios

Yes.

We looked at what it would take to

close Tailings Cell A if it was not -- if it was not

built out to capacity.

lesser cost.

And that would have been a

Were any other estimates of closure

10

costs -- I'm sorry -- of decommissioning costs

11

provided --

12

No.

13

-- to Energy Fuels?

14

To Energy Fuels?

15

Yes.

16

By?

17

By any person.

18

We have -- we did receive another closure

19
20
21

estimate, yes.
Q

And that closure estimate was provided in

August 2009 by Ames Construction; is that correct?

22

Correct.

23

Do you recall that that closure --

24
25

MR. STILLS:

And this is, for the record,

EFPH 142341.

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(Sheep Mountain Exhibit 29 admitted.)

2
3

(By Mr. Stills)

This cost estimate came

in at 24 million; isn't that correct?

No.

This is Page 2 of that document, "Total."

You know, I have never seen this document,

but this may have been for the entire mill facility.

8
9

a partial estimate; is that what you're saying?

10
11

14

I don't know.

Again, that was not a

document that I reviewed.

12
13

So this is a complete estimate instead of

Can you read the highlighted in yellow

part.
A

"This cost was based on Scenario 2 as

15

defined in the text of USA Environment.

16

is the more expensive case, where the impoundment

17

Cell A is full of tailings and requires the

18

construction of a complete as-designed cap."

19

Scenario 2

So this was a scenario that they used as a

20

company with extensive experience in environmental

21

remediation facility decommissioning, as well as

22

radiological services, as to how much it could

23

close -- it could cost under this scenario?

24

is different than your $11 million estimate; is that

25

correct?

And this

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2

MS. LUCAS:

Objection, compound question

and --

HEARING OFFICER:

MS. LUCAS:

5
6

Break it up.

-- lack of foundation on who

USA Environment is and their qualifications.


Q

(By Mr. Stills)

Your testimony is that

you never -- you've never worked with USA

Environment?

I provided them with information at one

10

meeting, but I never saw this report.

And it was my

11

understanding from talking to our engineers that

12

their estimate was in the neighborhood of 12 to

13

13 million, not 24 million.

14

HEARING OFFICER:

15

THE WITNESS:

16

HEARING OFFICER:

17

THE WITNESS:

"Their" being?

What?
"Their estimate" being?

Ames' estimate was in the

18

neighborhood of 12 to 13 million, is what our

19

engineering group told me.

20
21
22

(By Mr. Stills)

Your engineering group is

likely to have received this?


A

If it's in our files, that's who it would

23

have gone to, to Jeff Osborn, who was head of

24

engineering at that time.

25

But you never received this?

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That's correct.

Were you in charge of putting together the

surety estimate for this project that was given to

CDPHE?

6
7

Ultimately, but that was done at a later

time.
Q

Did you ask the engineering folks what

Ames' estimates, Ames Construction's estimates came

out to?

10

I did.

And they said one to two million

11

higher.

12

at the time so I worked with Bruce Norquist.

13

Jeff Osborn was no longer with the company

So instead of using Ames Construction or a

14

company with extensive experience preparing these

15

bonds, the bond submitted to CDPHE was prepared by

16

yourself in-house; is that correct?

17

It was prepared by Bruce Norquist under my

18

supervision, and he had experience in putting

19

together estimates for large projects in the past.

20

Again, it was my understanding -- I have to wonder if

21

this is a final document from Ames Construction or if

22

it was a preliminary one.

23

group did tell me that they were looking at something

24

in the neighborhood of 13 million or 14 with the

25

long-term care included.

Because our engineering

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2
3

Is it common practice to send drafts back

and forth with consultants on this kind of document?


A

On any type of document it's standard

practice to review the work and see if there's errors

or omissions.

6
7
8
9

How about sort of filling in the blanks on

what the answers might be?


A

I think in some cases you provide

information that the consultant would not be aware of

10

otherwise.

11

Okay.

So the mines that would feed this

12

mill are all on federal public lands; is that

13

correct?

14

No.

15

Which ones are on private lands?

16

Energy Queen's on private land, two other

17

projects that -- well, we have the Callahan property

18

now, it seems to me there's others.

19

immediately come to mind since they're large mines or

20

potentially large producers.

21

But those two

They wouldn't be sufficient to keep the

22

mill -- the ore running for the life -- or the mill

23

running for its designed life; is that correct?

24

That is correct.

25

And did we hear testimony from you that

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clay will need to be hauled in as part of the

tailings liners' construction?

I don't believe there's a clay component

to the liners other than -- we have the GCL, but

that's a manufactured product.

There's no clay that's going into either

the evaporation or the tailings cells; is that your

testimony?

As far as I know.

10

So we discussed before some of the

Yes.

11

components of NEPA.

12

being engaged in a NEPA analysis for the Delores

13

project, water and the contracts concerning the water

14

rights.

15

until that NEPA process is complete.

16

The pipelines would have a NEPA component.

17

review.

18

numerous federal components that are out there.

19

without getting into the argument that I'm sure we'll

20

all be making, because I raised it, it's your view

21

that if this was subjected to NEPA, if this project

22

was subjected to the NEPA process, as was conducted

23

by federal agencies, it would kill the project; is

24

that correct?

25

You testified about reclamation

And that water right is not really effective


That's one.
EPA has

Other than the Clean Water Act, there's


And

I would say it would add a lot of time and

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money to the permitting.

that was a very large concern.

for the small company that we were at the time, it

would have been have a -- it would have been a

struggle, yes.

not.

much more difficult.

8
9
10
11

And, you know, at one time


It would certainly --

Would it have killed it?

Probably

But, you know, it could have definitely made it

Do you recall a meeting on September 7,

2010, with Fish and Wildlife Service?


A

Yes, I do.

I believe that was a

conference call.

12

A conference call?

13

Uh-huh.

14

MR. STILLS:

15

(Sheep Mountain Exhibit 30 admitted.)

16

EFPH 0148403.

(By Mr. Stills)

At that time you had

17

identified aspects of the project that involve the

18

Endangered Species Act; is that correct?

19
20
21

That is correct, the downstream fish in

the Colorado River.


Q

And that's in play because the Bureau of

22

Reclamation is part of the water supply for this

23

project?

24
25

No.

It's in play because there was a

depletion of water by -- our pumping wells would

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cause a depletion of water flowing toward the Delores

River.

But it's also in play because of the

reclamation analysis of the water rights that you're

looking to get for the groundwater; is that correct?

The Bureau of Reclamation made the

determination that if we purchased water under a

contract with the Delores Water Conservancy District

that a NEPA analysis would be necessary before they

10

would be willing to sign off on that contract with

11

the district.

12

So that contract with the district cannot

13

become effective until the Bureau of Reclamation

14

signs off on it after a NEPA analysis, correct?

15

That was their position, yes.

16

And that's because it's a federal agency

17

action; is that correct?

18

That is what they determined.

19

And that's a condition of the water rights

20

that were entered and were provided during your

21

testimony; is that correct?

22

That is part of the water rights.

To be

23

honest with you, I do not know the exact wording in

24

that.

25

the person in our office that handled that.

Curtis Moore, who will be back tomorrow, was

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mill so I would assume you would know that.

mill, yes.

You've testified to all aspects of the

I generally do know most aspects of the

These are meeting notes.

further down on Page 1.

Uh-huh.

Is that -- I'm sorry.

And this is

At that -I've got a

question.

10

Okay.

11

You told Fish and Wildlife Service if NEPA

12

was brought into the project it would kill the

13

project; is that correct?

14

At that late stage, it would have.

15

And SHPO, is that the State Historic

16

Preservation Office?

17

Pardon me?

18

SHPO, S-H-P-O, the acronym, is the State

19

Historic Preservation Office; is that correct?

20

Yes.

21

And this is on Page 3.

You told EPA --

22

I'm sorry -- Fish and Wildlife Service that SHPO had

23

told CDPHE that they considered CDPHE a federal

24

representative agency for this project; is that

25

correct?

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3

Well, SHPO agreed to have CDPHE handle the

archeology portion of it, yes.


Q

And that's because the way that the law --

the way that the program is delegated to CDPHE, the

National Historic Preservation Act still recognizes

an undertaking that has to go through SHPO; is that

your understanding?

8
9

No.

My understanding is that we were

doing this on a voluntary basis because the state law

10

does not necessarily have that trigger.

11

wanted to be consistent with what the federal

12

requirements are, and so we did.

13

But we also

So we've got at least two situations

14

where, voluntary or not voluntary, you complied with

15

federal regulations to avoid NEPA; is that correct?

16

Not necessarily to avoid NEPA.

We did it

17

because we thought that was the appropriate course of

18

action.

19

these are not -- these are things that are not hard

20

to do.

21

better for it.

22
23
24
25

And to be very honest with you, Travis,

So we did do them, and we think the project's

But NEPA is hard to do, and you didn't do

that, correct?
A

NEPA anymore can be very hard.

If it's

something that you start at the beginning of your

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project, it wouldn't have been a deal killer.

the time you get four years into your project and

you're getting close to getting your permits, the

idea of adding another seven years onto it with

perhaps a federal agency like the U.S. Fish and

Wildlife Service that has no experience in uranium

milling, I would say at that point in time it becomes

a deal killer.

9
10

But by

But you knew about NEPA in 2007; is that

correct?

11

Certainly.

12

And you testified previously about the

13

process of working with CDPHE on this project?

14

To a certain extent, yes.

15

And Energy Fuels pays CDPHE $152 an hour

16

for their time spent on this project; is that

17

correct?

18

That's correct.

19

Have you ever contested any of the billing

20

statements from CDPHE?

21

Yes.

22

On what basis?

23

That I didn't understand the billing.

And

24

I typically would call Steve on that and ask him for

25

clarification.

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2
3

So because it was vague you would call and

ask what people were working on?


A

Most of their billings were vague, but

most of the time I understood from what they put down

what they were working on.

be a new person or maybe somebody's working on

something I'm not aware of, and I would ask for

clarification.

modify the invoice.

In some cases there might

In some cases Steve, Mr. Tarlton, did


In most cases he explained it.

10

And usually it would be two or three days, but he'd

11

get back to me and explain it.

12

Okay, I understand, you know, that the guy

13

legitimately put in those hours.

14

And I would say,

But you used that as a means to keep track

15

of what CDPHE was doing on the project; is that

16

correct?

17

That and -- not so much.

Because to be

18

honest with you, the state invoices come in fairly

19

late by my standards.

20

be getting review comments or something to that

21

effect so I knew what they were working on.

22
23
24
25

In real time usually we would

You kept close tabs on what CDPHE was

doing from 2007 up until now?


A

I keep close tabs on all of the agencies

that are permitting our projects.

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Okay.

And in particular, in May 2012 -- I

don't know if you recall this -- but you questioned

Mr. Tarlton about CDPHE charges concerning Warren

Smith's work concerning public perceptions and

construction delays.

Do you recall that?

I remember asking at one time what Warren

Smith was doing working on the project.

sure about construction delays, what that might have

referred to, to be honest with you.

10
11
12

And I'm not

Why did you ask whether Warren Smith

was -- why Warren Smith was working on the project?


A

Because I wasn't aware that he was doing

13

anything at that time, and I just wanted to know what

14

it was.

15
16

Okay.

Do agencies normally do public

perception work on behalf of an applicant?

17

You know, I don't know.

18

In your experience in environmental

19

permitting, you don't know if that's a normal

20

activity or not?

21

You know, this is something that's

22

happening more and more often with both federal and

23

state agencies, that there is a public outreach

24

effort going on.

25

sometimes we're not.

And sometimes we are aware of it;

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2
3
4
5
6

And if you had construction delays, why

would that have a public perception question?


A

You know, I don't know what that referred

to as far as construction delays.


Q

Okay.

I'll help refresh you a little bit.

Do you recall this E-mail?

MR. STILLS:

(Sheep Mountain Exhibit 31 admitted.)

And this is EFPH 0054980.

You know, I remember them responding.

10

don't remember -- you know, again, this is not

11

something that was terribly important to me.

12

just asking for clarification.

13

came back to may have been at that time we asked

14

for -- what was it?

15

modified our decommissioning funding plan, or we

16

planned on asking for it.

17

because the litigation that we're embroiled in was

18

pretty much preventing us from doing any construction

19

in the near future.

20

think, subsequent to --

21

I was

I think what that

May 31, 2012?

We may have just

And that, of course, is

So we amended our license, I

(By Mr. Stills)

I'm sorry.

You were

22

talking about at the end of May.

But in April, this

23

was time for internal meetings to -- you asked

24

about -- Mr. Tarlton said, "You asked about Warren

25

Smith's charges in April.

This time was for internal

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meetings to discuss the implication of construction

delay on public perception and media coverage."

those internal meetings involving Energy Fuels?

Were

No.

Perhaps -- I think you might have -- it

involved the subject of Energy Fuels, but Energy

Fuels was not at that meeting.

8
9
10

Was that your answer?

To the best of my knowledge.

I don't

remember meeting with CDPHE.


Q

Okay.

And these construction delays --

11

Judge McMullen didn't issue his order until June, and

12

these construction delays that were being talked

13

about were in April; is that correct?

14

We were basically -- there was the

15

possibility of coming back and having to do a hearing

16

like this.

17

were not going to go forward with anything until this

18

portion of the litigation was resolved.

19

at least internally at Energy Fuels that we weren't

20

going to go forward with the construction at that

21

point in time.

22

So we basically, as a company, decided we

So we knew

And that was because NRC had expressed its

23

view on the problems with the previous process; is

24

that correct?

25

No.

This was something that we had

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decided just based on the potential of having to do a

Section 105 hearing.

And during this the E-mail exchange, you

and Mr. Tarlton talked about a solar project,

9 acres, just west of the site that's going up; is

that correct?

7
8
9
10
11
12

Yeah.

I think he saw something and wanted

to know about it, and I was aware of it.


Q

And that solar project in the East Paradox

Valley, are you familiar with it?


A

Somewhat.

I attended the hearing with the

planning commission.

13

And it went through?

14

Yes.

15

And it's nearly complete?

16

I can see the cells out there right now so

17

I have to guess it's either complete or nearly

18

complete or operating.

19

No further questions.

20

Oh, really?

Thanks.

21

HEARING OFFICER:

22

THE WITNESS:

23

MR. STILLS:

24
25

Thank you.

Sorry.

Sit down.

Oh, shoot.
No further questions from me.

I'm sorry.
HEARING OFFICER:

He had high hopes here

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for a minute.

THE WITNESS:

HEARING OFFICER:

Yes.
Dr. Grossman, your

witness.

5
6
7

BY DR. GROSSMAN:
Q

I want to ask you a few questions on the

testimony you've given so far.

I'll try to recall --

because it was a couple days ago when you did that,

10

and so we may have a little bit of, what was I

11

talking about, relative to these questions.

12

Uh-huh.

13

And they're going to be all over the board

14

because as I was writing these down it was things

15

that came to my mind, or I was reacting to things

16

that you said or one of the other parties said.

17

That's fine.

18

Do you know what threshold wind was used

19

for the lofting of tailings and the basis for the use

20

of that lofting threshold?

21

No.

22

Do you consider a uranium mill a local or

23
24
25

I don't know.

regional industry?
A

I consider it regional to the extent that

there are impacts in the area across many

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environmental media and also socioeconomically.


Q

And what do you estimate the area -- if

you can give just a rough idea.

exact, but an order of magnitude, as we say in

science -- the area impacted by the mill and its

suppliers?

the guys bringing all the processing materials in and

repair materials and all of that in addition to the

workforce that you might draw in for the area.

10
11
12

I don't need the

And that means not just the ore guys but

So

what's the order of magnitude?


A

If you're looking at our vendors or, for

example, where we sell our product --

13

That whole business.

14

-- you're probably looking at pretty much

15

most of the United States of America.

16

might -- as far as selling our products, some could

17

go to the facility -- the conversion facility in

18

Canada, in Ottawa -- or Ontario.

19
20
21

And you

Excuse me.

So there's more than 880 acres involved in

this project?
A

Well, I think you have to -- when you look

22

at impacts, you have to look at where those impacts

23

will be the greatest.

24

say, looking at Texas and saying, okay, if we bring

25

in a construction firm to build our tanks, the very

And I think that going and,

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large tanks that are specialized tanks, is that

really an impact that needs to be assessed in Texas?

No.

80 kilometers as a maximum makes some sense.

I think that the NRC's suggested impact area of

I'll ask this question again.

But if it

comes up, I'll try to -- maybe you can remind me that

I already asked you this question.

estimate as the noise levels generated by the mill,

and especially at night?

But what do you

And I'll tell you why.

10

Because at night, you get these inversions.

Like

11

there's one out there right now, and that inversion

12

only sits a couple hundred feet above the ground

13

often.

14

the ground and the inversion and can travel very long

15

distances, sound can.

And sound gets ducted in this layer between

16

Uh-huh.

17

So I'm sure you may have experienced this,

18

that on a quiet night you can hear things from very

19

far away.

20
21
22

Yeah, like my neighbor's stereo.

I know

what you mean.


Q

Or in Huntsville, Alabama, when they were

23

running those big Apollo engines, they were breaking

24

windows 20 miles away at night because of this

25

phenomenon.

So I wonder if it's been investigated,

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what the mill will do to Paradox Valley's noise

situation and whether it will impact the locals here

in Nucla and Naturita, especially Naturita, because

it's just right down the road.

Okay.

We had CH2M Hill look at the noise

situation.

the highest decibel level would be the back-up alarms

on our trucks at 65 decibels, which is not that high.

On top of that, we have committed to minimizing any

They said that as far as they could see,

10

sort of deliveries at night.

This is largely a

11

wildlife mitigation measure.

As you know, driving

12

these roads, the deer are pretty --

13
14
15

It's going to take me an hour to get home.

You bet.
A

They're out there, especially at dusk and

16

dawn and the evening hours.

So I would say our

17

impact would be relatively small because we won't

18

have that many deliveries at night.

19

probably be something -- it would be other than ore.

20

It would probably be a chemical reagent or something

21

like that that's scheduled ahead of time because we

22

wouldn't normally have people there to accept

23

deliveries.

24

pretty small.

25

three miles away.

And those would

So I think our impact on noise would be


The nearest downwind residence is
And yeah, I think that we're

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looking at very little impact; probably none on

Naturita, which is 12 miles away.

Except for this inversion at night.

The

SAG mill -- I don't know much about your operation.

I've read your documentation.

testimony here.

kind of tumbler that rolls these great rocks and

things that these trucks bring in and crush it into

the slurry kind of thing.

I've listened to the

And I guess the SAG mill is some

Does that make a lot of

10

noise?

11

Inside the building it does.

12

But it's protected -- sound protected by

13

the building?

14

It's in an insulated building.

15

Okay.

How many trucks a day, maximum, do

16

you expect for a 500-ton-per-day operation, a

17

1,000-ton-per day operation, and a 1500-ton-per-day

18

operation?

19

three of those production rates.

20

you know, right now applies to 500, so if you could

21

give me your estimate.

22

one of the reasons I'm asking this is because I'm

23

confused as to exactly what the number of trucks --

24

I've seen 222 a day, operations, not construction.

25

You say there's going to be more when it's under

Because we've heard allusions to all


Now, the permit, as

Because there have been --

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construction so maybe we get 300 a day.

know.

I don't

But do you have an estimate, one that

everyone here in your group has agreed upon?

I see a different estimate in the emissions pathway

report, in the air pollution report, and in the

environmental report.

know, the best estimate.

Okay.

Because

So let me get the last -- you

I don't recall an estimate saying

10

222 trucks.

11

obviously tell me afterwards where you found it, and

12

maybe that may jog a memory.

13

I'll just say that for now.

You can

So what we proposed on the 500-ton-per-day

14

mill was running ore trucks five days a week, which

15

would on average require 29 loads per day of ore.

16

Obviously if you have bad weather, you might have to

17

suspend ore haulage for a while, and then you would

18

have to make it up.

19

estimated a maximum for the 500-ton-per-day mill, but

20

I would say maybe twice that 29, maybe in the

21

neighborhood of 60 trucks you could have in over a

22

day.

23

I don't know that we ever

As far as the 1,000-ton-per-day mill, we

24

did -- we are permitting with the Air Pollution

25

Control Division for a 1,000-ton-per-day mill, and

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that is required by Air Pollution Control Division.

They have rules that require you to estimate for a

future scenario so you're not -- their concern is

that you permit for a minor source with the intent of

eventually having a major source.

matter in our case here.

either way.

8
9

It really didn't

We were a minor source

But we did look at averages, which are


consistent with double what we had for the

10

500-ton-per-day mill.

And then I think we asked them

11

to look at a maximum of a 2,000-ton-per-day delivery

12

rate for a 1,000-ton-per-day mill, if you had bad

13

weather or other reasons to need to get more ore in.

14

And 2,000 tons per day, let's see.

15

about -- is that 80 trucks?

16

does that come out to 80, or am I off by a factor?

That would be

If we divide that by 25,

17

25 into what?

18

2,000.

19

That's coming up to a hundred, roughly a

20

hundred.

21

At 25 tons per haul truck.

Okay.

So that

22

would be for a 1,000-ton-per-day mill.

Like I say,

23

we never really estimated it for a 1500-ton-per-day

24

mill.

25

things that we worked with.

I just know those two because those were


And of course, you have

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reagent trucks and that sort of thing, but they would

be less than what the ore trucks are.

then you have additional -- you have vehicles coming

to and from the mill with your employees.

want to count pickup trucks, you're going to have

those, too.

And of course,

If you

Those were all looked at in our

application to the Colorado Department of

Transportation.

And that was, I believe, looked at

10

for a 1,000-ton-per-day mill because, you know, let's

11

face it.

12

500-ton-per-day mill and then later, 5 or 10 years

13

down the road, permit a 1,000-ton-per-day mill and

14

have to tear the access all the way back out again.

15

It's a million dollar access improvement so you'd

16

want to make sure that you overdesign, not

17

underdesign.

18

Who's going to pay for that access?

19

We would.

20

Well, just what I read in the ACPD -- or

We're not going to build access for a

21

APCD report was 200 -- a maximum of 220 a day.

22

works out in a 10-hour day, which I think is what you

23

say, that the mill operates roughly 10 hours, a truck

24

every 2 minutes.

25

Again, I don't recall that.

That

And sometimes

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with air pollution control permits, again, you may be

looking at all the vehicles.

count as more than one vehicle if they're large

enough.

reference that you're looking at, I'm just surmising.

And some vehicles may

I'm just -- without actually seeing the

If I get a chance, I'll show it to you.

Okay.

Where did you get your initial emissions

9
10
11

estimate for the emissions pathways report?


A

For the emissions pathways report?

Are

you talking about air emissions?

12

Yes.

13

The air emissions basically come from our

14

APENs, the air pollution emission notices that our

15

consultant, Kleinfelder, put together.

They took a

16

lot of that from the CH2M Hill report.

We also put

17

together a facility operating plan that discussed

18

each of the sources of emissions so that they could

19

follow our text and then go back to those mill design

20

plans and see the process flow diagrams and what

21

those emissions were coming off of the air pollution

22

control devices.

23

So the emissions that you-all are

24

providing for the air pollution side of this come

25

from the design of the plant?

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2
3

MS. LUCAS:

Your Honor, may I approach and

turn off the projector?

4
5

Correct.

HEARING OFFICER:
Q

Yes.

(By Dr. Grossman)

Sure.

I have a question here

that I'll try to work out.

You made the statement --

or I thought you made the statement that this ER,

that's different from the EIA?

Correct.

10

And that's different from an EIS?

11

Correct.

12

And you said this is brand-new because

13

this hasn't been done for uranium mills for 30 years?

14

No.

15

So where did you get the guidance to write

16

this report?

17

Okay.

18

Did somebody give you an outline and say,

19

You need to fill these boxes in?

20

come up with it on your own and then had it reviewed

21

by CDPHE, and you-all just went through it back and

22

forth until you got something that you thought was

23

decent?

24
25

Or did you just

Doctor, I did address this earlier during

my earlier testimony, but I'll repeat it.

Basically

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the only guidance for a mill ER -- environmental

reports have been around for years for agreement

states in the Nuclear Regulatory Commission.

However, the most recent guidance at that

time for a conventional mill dated to 1982.

And of

course, many regulations and ways that we do business

have changed since 1982.

in addition to looking at the '82 guidance, we looked

at a 2003 general guidance for doing environmental

So we looked at a 2003 --

10

reports for the NRC.

11

environmental report out of that 2003 guidance, and

12

we imported items from the 1982 guidance that were

13

specific to conventional mills that may not have been

14

included in the general guidance.

15

And then basically we built the

Our ER contractor then sat down with

16

CDPHE, and they came up with a few other suggestions

17

for additional items to be put in there and maybe how

18

things should be formatted to more cleanly go

19

forward.

20

for guidance from some of the people that were

21

involved in permitting ISR facilities, which --

We then -- at a later time we also asked

22

Excuse me.

What's an ISR?

23

In situ recovery facility.

24

Okay.

25

-- that were permitting with the NRC and

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our agreement states to see what they were putting in

the environmental report.

advice that we break it into three areas: one being

construction, one being operations, and one being

reclamation.

that we had already come up with and incorporated

that in there.

8
9

And they provided the

So we overlaid that onto the outline

In your discussions with CDPHE and trying

to work out the format for this report -- which

10

eventually a good portion of it became the EIA

11

report, the way I understand the testimony so far --

12

was there any indication to you that public comments

13

were involved in your formulation of the ER, or was

14

it just you and CDPHE from your point of view, from

15

what you understand?

16

It was basically just us.

We put together

17

the environmental report based on our consultants.

18

Basically what we told Edge was we wanted this

19

environmental report to follow very closely the BLM,

20

NEPA documents that they had been using, especially

21

as it related to land use and wildlife, vegetation,

22

those sorts of things.

23

As far as the radiation aspects of it, we

24

brought in additional consultants who specialize in

25

that area, health physicists like SENES, for example,

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a well known consulting company in that area, to

assist Edge in evaluating the radiation impacts.

basically the environmental report was prepared by

our consultants for us, and it was part of our

application.

that.

technical issues, and I may have sent them an E-mail

or called them up and thrown some ideas out.

they were not materially involved in the preparation

But

CDPHE did not have much involvement in

I guess there probably may have been a few

10

of the ER.

11

But

So the way I understand it -- and I

12

understand the position your company was in in this

13

nascent effort here, that it was -- you kind of -- I

14

don't want to put it -- maybe you can come back at me

15

if you think that's wrong.

16

was a very ad hoc kind of way you went at it.

17

looked at some documents that were official

18

documents, NRC -- pretty heavyweight official

19

documents, but there was no in-place method for you

20

and your company to fulfill?

21

yourself?

22

You kind of just -- it


You

You kind of did it

That's what I just heard.


That's not what I just said.

I disagree.

23

We put a lot of thought into what would go into the

24

environmental report and how it would be organized.

25

And again, we followed general NRC guidance which, as

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you mentioned, is not thin.

there as to how they did this.

those ISR documents that gave us some indication of

what they wanted to see in an environmental report.

There's quite a bit in


And again, we had

But it seems to me it's kind of backwards.

In other words -- and I respect the effort you put

into this.

with the way to do it by looking at these reviews and

thinking about it and then presented it to the state

10

But it looks to me like you guys came up

and said, How's this?

11

And they looked at it and said, Given all

12

your background, this is okay and we'll go forward on

13

that.

14
15

Is that what I'm getting?


A

Well, again, I have to disagree.

Again,

16

it's up to us, as the applicant, to put together the

17

application.

18

to make sure that there was -- that we didn't have

19

omissions that they were looking for in that

20

document.

21

omissions, they probably would have told us.

22

typically what they said during that meeting was

23

generally minor stuff that they were looking for.

24
25

And we did confer with CDPHE early on

Now, I'm sure that if we had glaring


But

Again, we followed NRC guidance, and we


looked to the regulations.

We didn't make up this

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guidance.

followed what the government had out there for us as

far as both guidelines and rules.

We didn't write the regulations.

We

But the impression I get as a citizen is

that you did some of the work that I feel CDPHE

should have done.

scrutinized these guidelines and done that and handed

you an outline and said, Go for it.

adjustments to this, but this is the way we do

In other words, CDPHE should have

We'll talk about

10

business here in the State of Colorado, and we want

11

you to follow this format.

12

And I don't hear that.

13

You have a right to express your opinion.

14

But do you feel that that's the way it

15

went?

16

I feel the way we did it is the way we

17

would also do it with the NRC.

The bottom line is,

18

we are provided guidance, and we attempt our best to

19

follow that guidance.

20

application, we would be submitting a technical

21

report and an environmental report.

22

did the same here.

23

formatted differently, and the state was okay with

24

that.

25

actually provided a lot more information than is

If this was an NRC license

We essentially

However, our technical report was

It wasn't formatted like an NRC TR.

We

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normally seen in an NRC application.

But as far as the environmental report,

this is the way it's traditionally been done.

applicant does the environmental report, but then the

agreement state in the NRC does their own analysis.

And do they look at your environmental report?

they do.

think it's appropriate.

Do they borrow from it?

The

Sure,

Yes, when they

But the government agencies -- ultimately

10

in the State of Colorado, they put out their own

11

report, which was the environmental impact analysis.

12

And with the NRC, they will put out an environmental

13

assessment, or an EIS, in compliance with NEPA.

14

Did Energy Fuels at any time go out to the

15

public, do outreach to the public for input to your

16

environmental report, or was it just consultants that

17

you hired?

18

for this on your own?

19

like we're sitting here today, but that you said,

20

Hey, we ought to go out and talk to some people out

21

here, go down to Telluride and see what their

22

concerns are and see if we can them cut off at the

23

pass?

Did you get any other opinions or input


Not being forced to do it,

Did you do any of that?

24

Yes.

25

With whom?

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When I hired Edge, the first thing I did

was I asked them to come to our first planning

commission meeting, I believe it was; if it wasn't

the first, it was the second.

first on May 19th of --

6
7

Excuse me.

But I think it was the

This planning commission is

just Montrose County?

Correct.

Not a bigger region?

10

May 19th of 2009.

And they were there for

11

the entire meeting and took notes.

I also -- you

12

know, I also gave them comments from the various

13

meetings we had with the county.

14

state meetings did not occur until after the

15

environmental report.

16

comment base that they had was the six -- they call

17

them five meetings because one was a continuance, but

18

there was actually six meetings, generally an average

19

of five hours, for the county in which comments were

20

provided very similar to what we've seen so far

21

today.

22

Understand that the

So basically the public

Do you think the emergency response -- and

23

now I saw in this EIA or in the ER that there was a

24

section on emergency response.

25

led to those documents only a week or so ago -- and

But prior to me being

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they're very hard to find on the Web site.

you think that the emergency response is adequate,

that what you have shown in the report is an adequate

response to the possibility of various emergencies

that might accrue with the mill, both at the mill

site and away from the mill site?

Yes, I do.

But do

I think it's adequate for

permitting purposes.

Our folks contacted the police

and ambulance services, hospitals, all the people

10

that are in emergency response for the state and

11

other groups in order to establish contacts,

12

information for the emergency response plan.

13

However, you have to understand -- and of

14

course, we looked at a lot of different potential

15

emergencies.

16

specific procedures for things such as a wildfire or

17

something like that.

18

mill is constructed, and you're training people, then

19

you actually are going to have emergency response

20

exercises at the facility.

21

we agreed to do.

22

just like our facility operating plan.

23

dynamic plan.

24

and production, it will be fleshed out in a lot more

25

detail.

And we have general procedures and more

But understand that once the

This was something that

And so that plan, in my mind, is


It's a

As the mill comes into construction

And again, there will be training exercises

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with the local responders.

And so I feel very comfortable with it as

far as from a permitting document approach, knowing

full well that it will become more robust as the

facility comes into being.

Will you have a fire department on the

mill site?

responders.

No.

We will have trained emergency

We also will have large hose reels

10

that -- especially near the SX building because of

11

the flammability of the kerosene.

12

we'll have fire extinguishers and equipment that can

13

be used in the case of a fire.

14

ambulance.

15

And of course

We'll also have an

We'll have one at our admin building.


Have you-all planned at all for any kind

16

of fire, wildfire or otherwise, during one of these

17

windstorms where the winds can get up to about

18

60 miles an hour, and some of these windstorms last

19

on the order of 36 hours?

20

We have planned for wildfires.

And I

21

would imagine what we have put in there would be a

22

good first step in that case.

23

heavy winds and a large wildfire, that could cause

24

problems at the mill, yes.

25

Obviously if there was

I know this has been discussed.

I recall

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these questions from a couple days ago.

opinion, is the water used reclaimable?

But in your

It could be reclaimable, but it would be

at a pretty large expense.

And we would also -- it

would also be a -- it would produce a pretty large

waste stream.

would have to go up into the tailings area.

a huge amount.

of -- what we were sending to the evaporation pond

You would have all that lime that


It's not

I believe it was in the neighborhood

10

was about in the neighborhood of 50 to 60 gallons per

11

minute out of a total consumption of about 140.

12
13

So you're relying on evaporation to get

rid of the water and leave the residue?

14

That's correct.

15

Who in the state clears this water use?

16

We have to -- well, we've got the water

17

rights for using the water from the Chinley aquifer.

18

And also with the disposal, is that CDPHE?

19

CDPHE reviews our disposal plans, yes.

20
21

HEARING OFFICER:
minutes.

22
23

Can you do it in 10 minutes?


DR. GROSSMAN:

We've got about 10 more

Yeah.

(By Dr. Grossman)

I think so.

Are there any studies

24

that you did for the environmental report on the

25

effect of the mill on the night sky and what kind of

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outdoor lighting you plan?

here that -- you've heard everybody talk about how

beautiful it is out here.

right now.

Paradox Valley, and it's magic.

One of the things out

I know it's cold out there

But on a clear night, you walk out in the

We agreed to have the downcast type

lighting at the facility, except in those areas where

we considered it a very high safety concern if we

didn't have better lighting.

10

expect would have the downcast lighting.

11
12

So overall the mill we

But it would be a lot of lights?

Face it.

It's going to be a lot of lights out there, right?

13

Yes.

14

In fact, do you-all expect to put

15

stoplights anywhere as the traffic increases, like

16

maybe a stoplight or some kind of traffic control

17

other than just a turnoff into the mill, a traffic

18

light maybe down at the intersection there of 90 and

19

141?

20

No.

There's no plans to put in stoplights

21

at the intersection.

There's a possibility of

22

putting in some type of a warning signal at the mill

23

access.

24

later time if the Department of Transportation

25

thought it was necessary or would be beneficial.

That's one thing that could be added at a

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Hold on just a sec.

another one.

I thought I had

We've gone over that.

Is it normal for the -- this had to do

with Chuck Pray coming up with ideas for what you-all

could do.

for CDPHE; is that right?

And Chuck, the way I understood it, worked

That's correct.

Thank you.

9
10
11

Is it normal for the permitter

to suggest plans, changes to plans?

Have you

experienced that before?


A

Certainly; pretty much on all levels,

12

federal and state levels.

13

Pollution Control Division, was asking us to evaluate

14

what we could do to reduce the hydrocarbon emissions,

15

and we proposed a number of alternatives.

16

they suggested, Did you look also at these

17

alternatives.

18

mentioned -- and I reported back to Chuck.

19

correspondence or E-mail wasn't there, but basically

20

I reported back to him on the practical limits of

21

what we could do using those methods.

22

your question, yes, it is fairly common.

23

In this case, APCD, Air

And so we looked at those.

And so

And as I
That

But to answer

I understand that this is your permitting

24

agency.

But in other than legal or judicial

25

settings, have you ever responded to suggestions from

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outside groups, from the public, pro and con, for

changes to your plans?

Sometimes we will based on people's

concerns and issues.

yes.

We will incorporate mitigation,

This is my last question.

Okay.

What happens if this permit is denied

after five years?

You got yourself a 500-ton-per-day

10

operation going on out there, and something comes up.

11

Maybe they find a whole bunch of radioactivity over

12

there in Telluride, and finally they just say you

13

can't do this anymore.

14

this thing down and go back to whatever you were

15

doing.

16

through this $11 million tear-down of the mill

17

because they're through with you?

18

You guys have got to close

What do you do with the mill then?

Do you go

If the rules or regulations changed so

19

that we could not operate the mill in compliance with

20

the new rules and regulations at any level, then

21

ultimately you would have to close it.

22

rules and regulations change, we try to adopt

23

additional control measures or change things so that

24

we can still comply with the laws and the rules.

25

But, you know, based on the information we have, the

Normally if

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mill as proposed is in compliance with state

regulations.

3
4

DR. GROSSMAN:

Thank you.

your stamina.

THE WITNESS:

HEARING OFFICER:

Thank you.
We've got four minutes.

Mr. Goad, do you have questions?

MR. GOAD:

HEARING OFFICER:

I do not.

10

MS. LUCAS:

11

HEARING OFFICER:

12

MS. LUCAS:

13

HEARING OFFICER:

14

I appreciate

That's why I'm asking.

15

Do you have redirect?

I do.
How long?

More than 4, less than 30.


We're out of steam.

Okay.

It's, for the record, 6:56 by my watch,

16

which even agrees with my computer, which is wholly

17

unusual.

18

morning.

We'll be in recess until 8:30 tomorrow

19

(The proceedings adjourned at 6:56 p.m.

20

on November 12, 2012, to be resumed at

21

8:30 a.m. on November 13, 2012.)

22
23
24
25

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STATE OF COLORADO)

COUNTY OF DENVER )

ss.

REPORTER'S CERTIFICATE

I, Janet Lee Priestley, do hereby certify

that I am a Registered Professional Reporter and

Notary Public within the State of Colorado.

I further certify that these proceedings

were taken in shorthand by me at the time and place

herein set forth, that they were thereafter reduced

10

to typewritten form, and that the foregoing

11

constitutes a true and correct transcript.

12

I further certify that I am not related to,

13

employed by, nor of counsel for any of the parties or

14

attorneys herein, nor otherwise interested in the

15

result of the within action.

16
17
18

In witness whereof, I have affixed my


signature this 30th day of November, 2012.
My commission expires October 29, 2013.

19
20
21

____________________________
Janet Lee Priestley
216 - 16th Street, Suite 600
Denver, Colorado 80202

22
23
24
25

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A
abandonment 1158:14
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1138:19 1148:11 1157:8
1157:25 1160:7 1215:21
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1124:24 1127:24
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1079:6 1162:25 1163:21
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1371:11,14,15,18
1384:23
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1264:11
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1117:4 1225:5
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1194:6
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1127:14 1204:15
ad 1376:16
add 1093:8 1193:14
1244:7 1253:9 1310:13
1353:25
added 1245:5,8 1281:20

1282:6 1328:8 1329:9


1384:23
addictive 1142:23
adding 1194:17 1317:2
1358:4
addition 1060:13
1155:14 1290:20 1365:8
1374:8
additional 1054:8
1150:11 1261:12,12
1279:25 1280:15
1287:18 1328:9 1329:9
1371:3 1374:17 1375:24
1386:23
Additionally 1146:25
address 1071:10 1110:9
1124:15 1159:23
1166:24 1173:13
1220:18 1226:9 1258:9
1303:3 1326:12 1373:24
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1095:3 1301:22 1303:23
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1231:6 1304:22
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adequate 1083:1 1120:10
1149:16 1272:5 1274:19
1276:14 1280:14 1381:2
1381:3,7
adequately 1057:11
1062:6 1063:9 1064:12
1075:1 1098:17 1123:20
1124:15 1217:4
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Adjacent 1068:1
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1230:3
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Administration 1069:19
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1106:8 1169:20
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1247:4 1267:12 1272:12
1284:11 1309:20

1318:16 1326:10
1329:24 1335:4 1338:20
1349:1 1354:15 1361:8
adopt 1386:22
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1302:1
advances 1184:14,14,16
1185:4 1313:6
advantage 1079:9
1099:19 1230:15
advertisements 1108:7
advice 1375:3
advocacy 1203:4 1213:7
advocate 1166:16
1202:14
Affairs 1049:6
affect 1077:1 1171:1
1190:6 1199:25 1327:4
affiliated 1221:8
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1201:13
affront 1087:6
Afghanistan 1186:17
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afternoon 1209:8 1232:8
1278:16 1305:9 1308:3
age 1128:21 1164:1
1181:16 1184:10,10
1193:17 1202:11,17
1211:14
agencies 1078:12
1107:25 1166:2,4
1167:23 1187:17 1191:2
1191:3 1197:15 1278:1
1281:4 1297:10 1331:10
1338:4 1353:23 1359:24
1360:15,23 1379:9
agency 1057:24 1117:7
1162:4 1166:13 1276:25
1282:2 1327:24 1329:3
1355:16 1356:24 1358:5
1385:24
agency's 1127:12
agent 1110:7,13 1139:11
1203:10
agents 1292:15

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ago 1083:9,11 1098:18
1105:2 1109:1 1110:1
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1151:19 1176:2 1200:20
1201:7 1210:18,21
1294:12 1307:15
1333:24 1334:4 1364:9
1380:25 1383:1
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1152:4 1217:25 1237:10
1237:13 1238:17
1249:20 1255:18
1274:15 1286:8 1302:22
1311:23
agreed 1091:16 1357:1
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1121:14 1127:10
1167:12 1168:6 1250:15
1278:6 1285:12,12
1286:12 1311:22 1374:2
1375:1 1379:5
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1213:5 1215:3,16
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1155:4 1158:19 1226:17
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1171:17 1209:15
1214:12 1243:4 1284:23
1291:4 1293:20 1296:16
1310:10 1315:15
1317:22 1326:6 1329:17
1344:17 1367:21
ahold 1186:22
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1104:25 1113:13
1131:13,19 1153:6,8
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1194:4 1195:6 1204:15

1208:12 1217:6 1285:9


1285:10,13,18 1286:3
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1319:10 1327:7,11,14
1327:15,17 1328:7
1329:5 1330:16 1369:6
1369:24 1370:1 1372:1
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1078:20 1156:23,25
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1322:9,10 1323:14,17
1332:1 1338:3,5
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1109:2 1117:24 1118:1
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1270:17 1280:5 1303:24
1310:11 1311:19 1320:5
1337:13 1342:4
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1087:18 1088:19 1092:9
1104:17
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1238:24 1239:3,7
Alpine 1157:10
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alternate 1066:17
1079:22 1087:4 1109:10

1248:8,11,23 1249:16
1278:9,11 1288:21
1310:15 1335:23,24
alternative 1201:25
1248:16,24 1249:25
1250:20,23 1251:1,3,4,6
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1083:1 1276:18 1283:13
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1308:12,14 1311:18
1312:1 1314:6,8
1330:16 1337:2,5,8,17
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Alzheimer's 1061:1
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1382:14
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1139:1
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1207:4
Ames 1348:21 1350:17
1351:8,8,13,21
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1096:19 1125:17 1135:5
1143:1 1161:20 1180:19

1190:21 1191:9 1192:22


1193:13 1202:12
1252:17 1304:16 1306:6
1330:2 1340:23 1383:8
amounts 1095:7,8
1107:17
amusement 1210:11
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1067:17,25 1072:9
1081:4,4 1116:11,20
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1312:4 1314:7,8
1331:13 1342:16
1353:12 1355:4,9,14
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1308:17 1312:21
1328:23
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1327:19
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Anderson 1109:1
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1246:2,5
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1177:19
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1336:9
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1116:5 1117:3,11
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1170:20 1185:22
1195:16 1197:12
1242:25 1259:6,8

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1307:15 1317:23
1327:22 1337:22
1339:21 1362:7 1385:21
answered 1184:6
1250:17
answers 1171:13 1323:16
1352:7
antiballistic 1182:5
anticipate 1090:20
1290:7
anticipation 1088:13
Antony 1051:23 1232:14
1232:16,19,24 1233:3
1233:15 1234:5 1321:19
1321:21,25 1339:7
anybody 1053:25
1054:15,24 1101:3
1140:16 1148:15
1172:19 1174:24
1206:13 1209:6 1213:13
1214:4,8 1231:10,12
1242:17 1301:12
1314:22
anymore 1133:21 1134:2
1245:17 1357:24
1386:13
anytime 1302:7
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APCD 1330:8,22 1332:15
1371:21 1385:12
APENs 1372:14
aplastic 1121:2
Apollo 1366:23
apologies 1234:17
1243:4 1276:4
apologize 1139:14
1256:16
Appalachia 1137:24
apparent 1170:23
apparently 1063:16
1076:10 1322:22
appeal 1168:21 1171:9
1291:8
appealed 1230:4
appealing 1164:13
appear 1216:23 1256:4
1269:19
APPEARANCES 1049:1
1050:1
appeared 1119:12 1143:9

Appearing 1049:7,14,18
1049:23
appears 1074:20,25
1086:14 1116:19,23
appeased 1086:1
Appendix 1258:9
1259:13,18
applicable 1172:15
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1063:16 1089:1 1120:2
1169:2,10,15 1360:16
1377:16 1379:4
application 1048:5
1051:14 1053:4 1064:11
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1073:12 1082:8,9,25
1083:3,3,8,15,19
1086:19 1087:12 1089:2
1089:19 1090:12
1094:19 1096:1 1112:18
1112:20 1113:6,11,21
1113:25 1114:16 1115:2
1115:3,8,14 1116:7,22
1117:23 1118:3,6,10
1119:3,14,20 1120:4,6,9
1127:15,19 1135:5
1158:9 1171:24 1176:15
1177:20 1178:21
1179:18 1180:18
1216:14 1224:12
1225:19 1230:2 1234:5
1235:15 1243:16
1248:14 1260:19
1304:23 1305:22 1308:9
1308:16 1309:7,14,22
1313:2 1315:20 1316:3
1316:4 1319:7 1325:16
1325:18,19 1327:8,11
1342:1,20 1371:8
1376:5 1377:17 1378:20
1379:1
applications 1088:24
1117:9 1158:5 1327:2
applied 1086:1 1118:19
1142:16 1172:8 1229:23
1342:20
applies 1368:20
appreciate 1053:19
1055:23 1080:20
1089:15,16 1102:2
1104:20 1151:10,13

1169:25 1204:9 1232:8


1243:8,10 1257:11
1289:15,17 1341:19
1344:22 1387:3
appreciated 1118:13
approach 1078:8 1105:7
1250:12 1277:22
1311:11 1317:3 1323:20
1337:13 1373:2 1382:3
appropriate 1164:12,15
1255:19,22 1281:22
1330:11 1357:17 1379:8
approval 1086:7 1089:7
1166:5 1169:16
approvals 1196:22
approve 1104:14 1119:3
1123:12 1136:24
1160:15
approved 1068:13
1077:16 1085:25 1104:3
1118:6,7 1122:13
1234:9 1274:21 1276:14
1276:19,24 1283:7
1348:2
approving 1115:13
approximate 1092:13
approximately 1062:14
1081:9 1153:4,7
1154:24
April 1361:22,25 1362:13
aqueous 1330:21
aquifer 1074:15,17,21
1075:5 1096:17 1191:5
1192:3 1215:17 1383:17
aquifers 1096:9 1217:2
ARBITER 1048:1
arc 1081:16,16,18
archaeologists 1314:21
1314:22
archeology 1357:2
area 1059:21 1065:17
1072:14,23 1074:1,3,14
1075:21 1084:8,12
1085:13 1086:11
1088:10,21 1091:12
1093:3,21,25 1097:16
1098:3,7 1100:24
1101:3 1102:15 1119:24
1123:5,23 1129:15
1130:4,5 1131:7
1132:17 1133:3,6,12,25

1134:2 1140:20 1141:5


1144:17 1145:23 1146:5
1146:25 1147:6,7,16,22
1147:25 1148:1,4
1149:19 1150:15 1151:8
1151:10 1164:14,15
1180:15 1181:7,15
1187:6 1188:22 1194:9
1196:24 1197:2 1198:18
1202:5,15 1206:10
1212:12 1215:9 1222:10
1222:25 1223:4 1224:18
1225:2,21 1226:21
1229:17 1239:16 1250:5
1258:14 1273:1 1279:25
1280:1,8,21 1291:12
1292:13,16 1293:10,15
1293:17 1294:19 1295:4
1295:9,24 1296:7
1298:25 1302:2,14
1304:15 1305:1 1315:4
1340:21 1364:25 1365:2
1365:5,9 1366:3
1375:25 1376:1 1383:7
areas 1071:4 1073:6
1085:20 1099:11
1107:12 1109:4 1113:17
1122:8 1137:25 1138:5
1190:8 1214:24 1222:11
1292:20 1375:3 1384:7
area's 1138:19
arena 1293:17 1295:16
arguably 1063:16
argue 1205:22
argued 1094:23
argument 1055:15,16
1353:19
arguments 1055:12,13
1079:14 1344:8
Arizona 1067:12 1112:6
1247:13 1248:25
1252:15,20
arms 1182:6 1183:11
army 1216:10
arrangements 1278:18
arrived 1054:18
art 1082:24 1083:21
1277:17
artful 1142:19
artfully 1327:13
asbestos 1194:23,24

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

aside 1053:5 1157:2


1260:16,18 1323:12
1325:5
asked 1054:5 1055:9
1085:22 1109:9 1115:3
1115:6 1136:14 1160:13
1173:23 1177:1 1195:13
1195:24 1275:18
1283:23 1307:12
1318:11 1320:25
1324:21 1325:13
1327:13 1328:7,18
1361:13,23,24 1366:7
1370:10 1374:19 1380:2
askew 1169:8
asking 1059:1 1082:24
1108:7 1110:10 1132:14
1132:14 1168:25 1250:7
1254:19 1285:6 1300:19
1316:5 1360:6 1361:12
1361:16 1368:22
1385:13 1387:14
asks 1324:12
aspect 1068:15 1119:20
1144:20 1159:5 1164:6
aspects 1117:22 1315:9
1315:16,18 1354:17
1356:1,3 1375:23
Aspens 1180:10
Assembly 1212:1
assessed 1077:5 1366:2
assessment 1062:1,4
1063:10,11 1113:9
1116:19 1227:19
1228:24 1243:14,15
1251:9,18,20 1286:17
1312:6 1379:13
assets 1138:23,25 1141:5
1273:5
assist 1376:2
Assistant 1049:22
associated 1059:8
1076:15 1111:9,9
1160:6 1220:19 1245:9
1293:23 1336:22
Associates 1074:11,17
1075:1
association 1151:15,17
assortment 1155:6
assume 1073:10 1075:4
1076:25 1097:8 1252:5

1257:12,25 1356:2
assumed 1258:11
assuming 1067:20
1082:11
assumption 1258:2
assumptions 1259:12
assure 1091:6 1216:2
assures 1091:9
astronomical 1092:11
as-designed 1349:18
Atlas 1070:23 1071:3,24
1081:20 1271:1,12,20
1272:5,18,25 1273:4
1274:1,12,15 1276:7,9
atmosphere 1094:4
1180:20
atom 1184:10
ATSDR's 1228:23,25
attach 1239:7
attached 1163:9 1236:7
attaches 1180:20
attaching 1180:23
attack 1199:7,14,15
attempt 1141:16 1205:4
1275:20 1378:18
attempted 1253:24
attempting 1078:4
attend 1160:23 1301:24
attended 1085:21
1105:22 1160:21
1232:19 1363:11
attention 1073:16 1086:3
1120:1 1160:17 1171:19
1177:16
attenuation 1106:20
1107:23
Attorney 1049:21,22
attorneys 1167:19,21,22
1216:21 1304:5 1305:18
1320:24 1388:14
attorney's 1344:2
attract 1219:18
attracting 1138:24
Audience 1055:2 1056:6
1152:22 1213:16
August 1069:20 1260:4,8
1348:21
authentic 1269:19
authentication 1269:9
1269:13
authenticity 1269:23

authorities 1069:15
authority 1080:14
1112:21 1117:4 1166:9
authorship 1322:10
autism 1061:1
automatic 1177:22
availability 1093:18
1343:25
available 1053:24
1054:15 1071:9 1074:14
1084:20 1085:3 1092:1
1124:8 1146:19 1163:15
1168:25 1219:14 1227:5
1251:12 1281:21,21
1309:8 1328:21 1340:25
1341:3
avalanche 1130:9,12
Avenue 1049:10
avenues 1332:9
average 1087:11,21,24
1090:6 1320:10 1326:25
1336:9 1369:15 1380:18
averages 1370:8
avoid 1281:12 1284:22
1285:4 1286:9,24
1287:3,17,18 1315:9,16
1340:11 1357:15,16
avoided 1340:11
avoiding 1258:8
await 1124:5
aware 1066:15 1073:25
1078:16 1120:25 1194:2
1210:19 1211:5 1241:17
1242:11,15,19 1243:20
1252:19 1277:13
1305:19 1316:8 1320:22
1321:16,16 1325:12,16
1326:21,23 1328:8
1334:15 1342:11,25
1346:2 1352:9 1359:7
1360:12,24 1363:8
awareness 1091:22
1156:1
awful 1164:2
A-b-l-a-t-i-o-n 1256:12
a.m 1048:19 1120:16,16
1387:21
B
bachelor 1139:8
bachelor's 1149:6

back 1053:3,12,12,18
1054:23 1055:4,19
1056:3 1083:24 1096:20
1111:8,10 1133:20
1134:21 1135:13
1136:24 1137:23 1144:8
1146:2 1170:15 1172:22
1179:5 1180:1 1181:8
1181:23 1182:7,8
1184:11 1185:15 1186:4
1186:5 1189:1 1195:3
1195:15,23 1197:8,21
1198:7 1203:7,13
1207:13 1209:11,13
1218:13 1222:23
1223:11 1227:1,3
1231:12 1241:23
1248:18 1251:13 1253:1
1257:24 1259:16
1260:24 1269:13
1279:18 1280:12 1285:5
1285:15 1288:20
1304:13 1307:11
1312:17 1313:7 1317:19
1337:24 1344:14 1352:1
1355:24 1359:11
1361:13 1362:15
1371:14 1372:19
1373:21 1376:14
1385:18,20 1386:14
background 1100:8
1149:5 1173:10 1239:15
1277:6 1302:5 1327:22
1377:12
backwards 1283:24
1377:5
back-up 1367:7
bad 1099:2,7 1144:7
1224:1 1369:16 1370:12
badly 1077:4
Bair 1102:13,14,15
BAKER 1049:2
bakery 1155:12,15
1156:17 1158:16 1160:3
balance 1053:15 1145:5
Ballantyne 1084:2,3,5
ban 1111:4
Bane 1152:24,25
Bank 1130:17
bankrupt 1062:19
1271:21 1272:5

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

bankruptcy 1157:23
1273:4,5 1274:12,16
Barclay 1154:18 1161:2
1163:24
barely 1200:12,12
bargain 1172:4
barium 1199:16,23
1265:2,5
barrier 1250:19
base 1075:19 1081:13
1106:23 1151:1 1380:16
based 1066:9 1076:6
1082:16 1094:16
1098:23 1100:11 1105:5
1116:15 1120:6 1144:9
1149:15,24,24 1209:18
1213:8 1230:13 1234:12
1236:1 1244:19 1245:1
1262:9 1264:18 1317:12
1320:2 1323:8 1328:19
1336:8 1345:1,9,12,12
1346:7,17,25 1349:14
1363:1 1375:17 1386:3
1386:25
baseline 1050:2 1122:5
basement 1238:10
base-load 1103:5
basic 1220:21 1315:13,23
1316:12
basically 1131:17
1172:11 1182:21 1219:3
1229:18 1280:9 1290:1
1291:13 1328:11
1362:14,16 1372:13
1373:25 1374:10
1375:16,18 1376:3
1380:15 1385:19
basin 1130:6,20,23
1157:11
basis 1063:12 1096:19
1098:13 1155:19
1244:22 1357:9 1358:22
1364:19
basket 1218:4
bathtub 1197:19
batteries 1146:7
battling 1128:18
bear 1054:13 1056:12
bearded 1204:25
bearing 1213:10
beaten 1135:2 1231:14

beautiful 1073:5 1084:25


1085:10 1094:22
1131:14 1215:9 1221:3
1384:3
beauty 1079:2
Beaver 1246:7
Beckley 1152:19 1181:5
becoming 1194:2
1215:17
Beede 1136:7,8 1137:6
beets 1133:20
began 1062:20 1070:24
1071:2 1237:3 1260:7
beginning 1048:19
1357:25
begins 1097:24
behalf 1049:7,14,18,23
1065:14 1112:1 1360:16
beings 1058:6
believe 1058:16,23
1059:24 1063:14 1064:7
1066:7 1067:14 1068:16
1083:2 1087:15 1089:1
1089:18,24 1095:24
1102:4,4,6 1112:7
1123:20 1128:15
1129:10 1140:25 1141:2
1146:4 1148:20 1154:9
1159:3 1171:19 1187:5
1195:13,16,21 1207:6
1215:24 1224:24
1231:22 1244:22,25
1245:7,17,19 1250:18
1252:12,25 1253:23
1254:24 1255:24 1256:1
1257:23 1258:17
1263:23 1265:20
1266:19 1271:18
1283:23 1296:22
1299:21 1301:4 1308:4
1314:15,22 1315:10
1316:14 1325:19
1328:13 1330:20 1332:7
1334:8 1345:3 1353:3
1354:10 1371:9 1380:3
1383:8
believed 1142:23
Bell 1081:22
belt 1106:15 1107:19
1111:24 1196:19 1330:1
1331:8

Ben 1139:3,7
bends 1072:4
beneficial 1068:19
1384:25
benefit 1054:2 1056:20
1090:18 1104:5,11
1129:18 1165:2 1172:4
1185:14 1186:1 1204:22
benefits 1067:20 1103:22
1104:1 1130:25 1225:19
1226:5 1331:14
benign 1298:21
Benita 1198:9,10
berm 1298:12,12
best 1082:4,17,23 1083:5
1093:11,12,16 1104:8
1142:19 1158:7 1159:10
1162:12 1163:14
1181:10 1189:18 1190:7
1235:9 1275:15,16
1280:13 1300:1 1315:5
1362:8 1369:8 1378:18
bet 1367:14
beta 1199:5 1202:20
Betsy 1102:13,14
better 1073:13 1080:12
1101:14,25 1116:21
1148:22 1156:9 1184:12
1184:13 1206:11 1258:9
1259:18 1288:2,24
1289:5 1293:2,7,9
1296:3,8 1303:24
1313:23 1328:11
1357:21 1384:9
beyond 1129:12 1192:9
1298:22 1304:22
1335:25
bias 1089:6
biased 1169:17
big 1061:11 1066:14
1067:9 1072:7 1093:19
1142:21 1176:24
1181:21 1183:8 1188:9
1195:18 1201:13
1205:14 1219:16 1292:4
1293:1,12 1300:8,18
1302:11,24 1304:15
1331:17 1333:1 1366:23
bigger 1084:5 1380:9
biggest 1167:10 1298:7,7
bike 1295:9

bikes 1295:11
bill 1157:22 1169:5,21
1188:14 1219:6
billboard 1180:2
billboards 1108:6
1300:19
billing 1358:19,23
billings 1359:3
billion 1062:12 1078:3
1106:22 1121:7,14,18
1159:24 1195:2 1222:15
1225:3
billions 1140:11,11
bills 1115:25 1229:21
binding 1328:2
biodiversity 1092:23
1296:5
Biological 1049:19
biotechnology 1061:10
birth 1106:5 1176:8
1206:11
bit 1070:22 1097:14
1101:17 1148:2 1169:8
1170:24 1172:3 1175:8
1208:16 1287:20 1298:5
1361:5 1364:10 1377:1
bitterly 1220:25
blacksmith 1147:9,12
blame 1148:14
Blanding 1066:17 1069:8
blanket 1135:11
blanks 1352:6
bless 1207:19
blessed 1138:23
BLM 1181:11 1186:21
1195:23 1196:8 1197:5
1284:5,22 1285:4,15,18
1285:22 1286:7 1288:1
1375:19
blocks 1210:4
blow 1130:5
blowing 1123:3 1136:16
1222:23
blown 1122:6 1123:22
blows 1222:24,25
Bluewater 1213:24
1220:11
board 1087:8 1102:18,24
1151:14 1152:8 1209:17
1209:18 1211:19
1232:25 1233:5,10,14

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

1245:5,6,8,16 1302:5
1306:15 1322:1 1324:12
1324:21 1325:20
1364:13
Bob 1051:19 1096:4
1329:11,15 1332:12,18
1333:14
body 1199:7,25 1227:17
1282:25
boilers 1319:22
Boise 1205:12
bolded 1335:8
bomb 1298:11 1303:7
bombs 1182:16,22
1183:21 1208:21 1303:7
bond 1062:2 1063:15,18
1063:21 1071:12 1090:8
1091:17 1122:10,16,21
1159:17 1272:6 1273:4
1274:19 1276:10,13,15
1276:23,25 1277:25
1351:15
bonding 1064:6 1109:12
1114:14,21 1274:23
1275:1 1276:18 1277:21
1278:2
bonds 1278:5,5 1351:15
bone 1121:5
bones 1199:20
book 1143:25
books 1108:12
boom 1067:18 1105:9
1107:11 1140:20,20
1175:19
boomer 1137:21
boom/bust 1062:7
1087:17 1097:21
1156:14 1160:5
border 1077:3 1176:22
born 1106:4,5,6 1147:10
1147:12 1212:12 1299:9
borne 1072:17 1108:25
1122:21 1159:13
borrow 1379:7
bothered 1190:17
bottom 1072:9 1198:1
1262:12 1270:21 1286:3
1329:14,23 1378:17
bought 1128:13,16
1294:11
Boulder 1050:3

Boulevard 1049:6
box 1049:13 1178:8
boxes 1070:5 1373:19
brain 1154:2 1174:6
brand-new 1127:23
1373:12
brat 1204:15
breached 1298:12
breads 1155:13
break 1120:15 1231:18
1256:16 1290:5,9,11
1307:12 1344:19 1350:3
1375:3
breaker 1109:22
breakfast 1150:2
breaking 1366:23
breast 1121:5
breath 1203:17,20
breathe 1131:13 1179:14
1180:17 1203:19
breathed 1179:9
bridles 1293:22
brief 1053:20 1070:11
1107:11 1256:14
briefed 1125:8
briefer 1089:18
briefing 1186:6
briefings 1186:8,15
briefly 1127:8 1289:21
bring 1076:25 1085:12
1093:10 1138:6,6,8
1175:13 1182:9,15
1189:1 1235:3,7
1249:15 1253:8 1292:4
1296:6 1365:24 1368:8
bringing 1101:3,5 1195:3
1295:13 1304:7 1365:7
brings 1170:12
broad 1068:23
Broadview 1215:1
broilers 1155:8
broken 1107:13 1215:7
brother 1106:8 1128:21
brothers 1147:5
brought 1094:25 1096:17
1102:7 1139:19 1166:17
1168:2 1171:18 1176:21
1195:7 1304:19 1314:3
1334:6 1356:12 1375:24
Brown 1106:9
Bruce 1351:12,17

budget 1234:13,23
1235:4,8,20
budgeting 1234:6
budgets 1234:9,18,20,21
1234:22,24
Buffalo 1294:9
build 1108:23 1126:22
1127:25 1135:21,22
1136:12 1148:25
1154:15 1206:24
1211:18 1238:10,22
1313:17,18 1323:4
1324:15 1337:3,7
1365:25 1371:11
building 1066:8 1141:18
1153:5 1212:9 1222:17
1368:11,13,14 1382:10
1382:14
build-out 1347:4
built 1066:1 1082:10,18
1083:20 1086:20 1088:2
1092:10 1096:13
1123:17 1148:3 1210:20
1215:10 1252:15,19
1253:3 1297:9 1345:19
1348:7 1374:10
bulk 1064:3
Bull 1077:20,23
bunch 1221:20 1386:11
Burbridge 1143:12,13,14
Bureau 1281:22,23
1354:21 1355:6,13
buried 1106:15
burn 1137:17
burning 1165:25 1318:12
business 1063:20
1066:19 1070:20
1102:16 1103:23
1110:22 1127:19
1140:22 1141:4 1149:6
1149:11,14 1164:13
1181:2 1185:20 1188:8
1189:11 1191:2 1196:12
1210:23 1211:16,21
1248:7 1249:14,16,20
1258:25 1271:22
1287:17,19 1365:13
1374:6 1378:10
businesses 1079:10
1101:5 1188:6 1211:19
bust 1067:18 1105:2,17

1107:10,11 1175:19
buy 1110:25 1164:4
1278:14 1280:6
buying 1295:11
byproduct 1146:4,10
B-e-e-d-e 1137:6
C
C 1049:12 1053:1 1140:10
cabin 1175:14
calculated 1228:18
calculation 1276:23
1345:1
calculators 1306:5
California 1093:24
1212:13
call 1052:3 1105:8
1134:12 1168:25 1180:5
1183:14 1199:5 1221:4
1261:2 1300:19 1308:14
1324:25 1325:17
1332:23 1354:11,12
1358:24 1359:1 1380:16
Callahan 1352:17
called 1060:6 1071:25
1092:15 1115:2 1143:25
1144:16,17 1165:19
1172:19 1174:22 1175:9
1177:23 1178:17 1180:2
1192:16 1199:4,5,6
1215:13 1294:9 1306:25
1376:8
calling 1055:5 1112:16
Canada 1071:6 1132:19
1365:18
Canadian 1141:2,8
1206:22 1235:24,25
Canal 1166:1
cancer 1099:24 1108:4
1113:3 1121:5 1128:15
1128:17,22 1176:9
1202:6 1208:3 1212:13
1212:15,16 1241:22
cancers 1128:23 1146:14
1202:23 1206:10
Candace 1213:23
1214:16
candidate 1126:14
candidly 1169:1 1171:8
Canon 1068:24 1077:18
1081:19 1108:1 1110:24

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

1111:15 1159:22
1194:13 1207:22 1208:3
1214:6 1224:6 1304:10
Canyon 1077:20,23
Canyons 1111:20,20,22
can't-get-a-job 1205:1
cap 1271:1,13,24 1272:1
1272:2,3,4 1273:13,21
1274:2 1276:12 1311:3
1311:8,10,12,14,14,17
1311:17 1349:18
capable 1074:18 1140:16
capacity 1082:23 1083:5
1183:20 1258:16,18
1317:15 1323:5 1334:14
1335:13,17 1336:18
1347:13,15 1348:7
capital 1138:25 1235:10
1235:13 1237:7 1323:6
capitalization 1125:25
1126:13,22
capitalize 1138:19
car 1059:22
Carbide 1081:19,22
1128:14
carbon 1199:24
carcinogenic 1061:5
cardiac 1154:3
care 1063:24 1094:22
1174:2 1200:22 1203:5
1203:14,16 1204:3,21
1208:24 1215:14
1261:16 1351:25
careers 1104:1
careful 1170:19
carefully 1064:15 1347:7
carried 1304:17
carrot 1214:22
carry 1059:22 1179:8
1235:19 1237:22
Carver 1279:7 1283:21
1284:1,4,7
Cascade 1077:11 1080:17
1205:13
cascading 1331:20
case 1053:13 1075:7
1089:1 1110:1 1170:11
1170:13 1176:1,2
1216:15 1281:20 1288:4
1320:23 1332:12 1338:4
1346:25 1347:3,9,17

1349:16 1370:6 1382:13


1382:22 1385:12
cases 1061:6 1097:18
1202:19 1281:10 1352:8
1359:5,8,9
castle 1141:18
cat 1286:22
catastrophic 1157:11
catch 1137:3
categorical 1286:16,22
category 1255:4 1341:20
1341:21
Catherine 1290:15,16
cattle 1213:5 1299:8
caught 1114:25 1202:19
1205:25
cause 1057:17 1113:3,15
1202:23 1209:5 1220:15
1232:4 1355:1 1382:23
caused 1091:19 1126:8
1219:16 1346:8
causes 1175:24
causing 1103:14 1346:13
CD 1051:9 1269:10
CDL 1200:8
CDPHE 1051:9 1057:23
1058:8,11,16,17,20
1059:6 1060:4,8,17
1061:16 1073:13 1076:9
1087:2,22 1088:23
1089:22 1090:2 1094:18
1095:21,22,24 1096:12
1098:6 1099:16 1100:16
1102:8 1106:19 1113:7
1113:11 1115:1,4,6
1116:21 1117:3,13,22
1119:11,19 1122:2,4
1131:18 1132:14 1135:4
1135:20 1158:4 1159:16
1166:15 1168:6,9,25
1170:15,15 1171:7
1177:12,13,23 1178:6
1178:18,21 1195:25
1203:22 1251:14 1260:8
1261:1,14 1262:13
1278:16,22,25 1288:21
1306:7,11 1312:20
1317:6,11 1318:10
1324:7 1325:24 1326:5
1326:18 1328:2 1337:5
1346:6,24 1347:24

1351:4,15 1356:23,23
1357:1,4 1358:13,15,20
1359:15,22 1360:3
1362:9 1373:21 1374:16
1375:8,14 1376:5
1377:17 1378:5,6
1383:18,19 1385:6
CDPHE's 1078:8
1117:12 1122:10
1230:13 1243:17 1287:9
1323:24 1324:4
ceased 1057:14
ceiling 1179:13
cell 1274:4 1345:13
1347:5,13 1348:6
1349:17
cells 1076:12 1345:15
1353:7 1363:16
cement 1210:3
center 1049:10,18
1130:10 1293:17,25
1294:19 1295:12
centrifuge 1330:18
centrifuging 1330:19
cents 1126:4 1218:14,14
centuries 1220:18
century 1062:6 1133:20
CEO 1263:11,16 1297:2
ceramic-lined 1210:3
certain 1064:5 1074:7
1076:18 1096:23 1152:8
1185:4 1188:6 1190:8
1235:1 1237:20 1238:12
1239:21 1255:16 1262:7
1286:18 1287:17
1300:19 1311:12
1326:19 1330:25
1358:14
certainly 1132:18
1161:17 1219:22 1239:9
1239:14 1240:24
1241:16 1242:1,1,5
1243:11 1245:18
1250:22 1254:25,25
1259:15 1281:19
1282:23 1285:16 1287:1
1287:3 1288:2 1326:3
1354:2 1358:11 1385:11
certainty 1076:7
CERTIFICATE 1388:2
certified 1234:14

certify 1320:18 1388:4,7


1388:12
cesium 1199:16
cetera 1096:9,12 1099:23
1100:19,19 1136:17
1180:15 1181:13,13
1185:2,2,21 1189:13
1194:6 1198:1 1305:1,1
cfs 1339:20
chain 1233:2,6
chair 1054:18
chamber 1102:15,17
1132:20 1145:10,13
chance 1104:23 1124:7
1173:9 1232:9 1269:7
1310:5 1372:6
chances 1171:8 1219:7
change 1091:11 1094:3
1145:21 1215:25 1217:9
1220:7 1230:14 1262:7
1327:10 1328:16 1329:5
1329:6,8 1331:3,3,5,6,9
1331:17,20 1332:17
1386:22,23
changed 1069:13
1070:10 1082:12
1133:22 1144:1,19
1211:12 1276:16
1322:14,16,23 1374:7
1386:18
changes 1077:6 1082:7
1093:20 1094:3 1230:18
1230:22 1231:4 1271:5
1276:15 1316:18 1317:6
1318:3,8 1327:4,4,6,7,8
1327:14,14,17 1328:3,4
1328:4,6,6,23 1329:1
1332:10 1385:9 1386:2
changing 1319:22
characteristics 1280:4
characterization 1270:5
characterize 1242:24
1324:11,19
charge 1351:2
charged 1057:24 1058:11
1121:24 1179:17
charges 1360:3 1361:25
chat 1232:9 1284:25
cheap 1183:4
check 1054:6 1095:5
1143:22

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

checked 1110:14
checking 1153:25
chemical 1367:20
chemicals 1085:8
1092:19 1184:19
1221:21
chemistry 1184:10
Chernobyl 1188:18
Cherry 1263:7,11
child 1105:14
childbearing 1202:17
childhood 1215:13
children 1060:19
1095:12 1106:4,5,6
1121:4 1134:9 1148:6
1148:19 1151:12
1162:18,19 1170:10
1201:12 1208:10,20
1209:2,5 1211:13
1293:5,5
chimney 1307:5
Chinley 1383:17
Chinle-Moenkopi
1074:15
chiseling 1174:17
chloride 1265:2,5
choice 1148:12 1150:7,19
1168:10 1217:12
choose 1221:3 1289:2,7
chop 1200:4
chose 1308:8
Christian 1127:2,3,6
Christianson 1127:1
Chuck 1330:7 1331:2
1385:4,5,18
Church 1212:1 1277:2,8
1277:14,16
CH2M 1315:12,18
1316:11 1319:7 1367:5
1372:16
circled 1279:18
circumstance 1236:14
circumstances 1237:20
1237:21 1238:13,25
citation 1267:1
citations 1069:21,22,23
1270:6
cite 1227:3
cited 1153:12 1265:11,14
cities 1071:20 1137:22
1240:12

citizen 1065:21 1114:24


1160:1 1208:8 1221:9
1378:4
citizens 1056:19 1057:25
1058:14,15,18 1060:10
1069:3 1070:12 1087:6
1091:15 1120:11
1122:16 1151:22 1152:1
1159:2 1189:19 1198:4
1214:6 1216:20 1219:23
1224:7 1291:23,23
1292:3 1296:3,8
citizen's 1112:19 1157:16
city 1068:24 1077:18
1081:19 1108:1 1110:24
1111:15 1112:6,9
1122:25 1159:22
1194:13 1207:22 1208:4
1214:6 1224:6 1304:10
civics 1170:24
claim 1182:1 1221:7
1224:16 1228:13
1229:11
claimants 1108:12
claimed 1227:25 1229:5
claiming 1226:1
claims 1108:19 1227:2,11
1228:9,23 1281:10
clarification 1284:14
1289:15 1358:25 1359:8
1361:12
clarify 1269:2
clarity 1243:9
class 1106:2 1207:9
1216:1
classmates 1106:3,5
1148:10
clause 1110:21
clay 1192:14 1353:1,3,6
clean 1070:1 1072:10,24
1073:6,6,9 1077:24
1078:4,12 1093:1
1095:11 1097:6 1100:18
1100:20 1103:2,5
1121:10 1138:1 1156:4
1156:4,5 1160:2,4,10
1165:19,19 1167:8,9
1185:9,10 1210:24
1215:6 1217:6 1256:2
1264:18 1270:11
1277:14 1353:17

cleaned 1075:14 1106:19


1107:9 1132:8 1209:25
1221:24
cleaner 1133:15
cleanest 1092:8
cleaning 1062:12
1072:22 1121:11,15
1195:2 1208:6 1222:2
1277:23
cleanly 1374:18
cleanup 1062:3,14,16
1063:15 1071:2,13
1076:17 1078:2 1090:4
1090:7 1091:17,19
1107:22 1122:14
1132:10,12 1143:21
1157:22 1159:12,17,19
1165:13 1218:9 1222:1
1222:15 1225:6 1302:9
1302:11 1346:21
cleanups 1159:25
clear 1053:21 1083:14
1145:20 1158:7 1240:16
1240:21 1243:10 1276:3
1279:19 1384:4
clearly 1114:19 1127:9
1176:3 1216:16 1219:19
1241:9
clears 1383:15
clear-cut 1205:13 1206:4
clear-cuts 1207:11
clear-cutting 1205:22
click 1178:10
clientele 1294:11
climate 1094:3,3 1208:14
1295:15 1296:5
clock 1307:21
close 1059:12 1109:12
1154:16 1159:21
1176:11 1236:17
1257:17 1262:13,14
1280:11,23 1294:4
1299:16 1301:8 1315:10
1348:6 1349:23 1358:3
1359:22,24 1386:13,21
closed 1070:25 1072:2
1257:21 1347:18
closely 1056:13 1091:5
1154:10 1232:14
1291:19 1328:18
1375:19

closer 1056:15
closes 1124:22
closing 1066:15 1070:11
1086:11 1126:3 1133:16
1176:6 1347:20
closure 1108:1 1247:22
1247:24 1273:3,6,14
1274:20,20 1345:9,23
1346:8,14 1348:2,9,18
1348:20,23
cloudiness 1143:9
clouds 1180:21,23
clumsy 1205:4
coal 1130:17 1151:18
1212:21 1244:9
Coalition 1049:19
Cobalt 1199:15
cochair 1224:7
cohesion 1227:16
cold 1105:13,16 1384:3
collaborate 1152:3
collapse 1080:11 1105:19
collateral 1112:17
collect 1190:15
collecting 1261:12
collective 1073:2
Coloradan 1105:3
Colorado 1048:21,25
1049:4,7,11,13,17,19,23
1049:24 1050:3 1056:17
1056:19 1057:4,6,18
1059:14,24 1060:10
1062:5,9,11 1063:25
1064:9,13 1065:5
1067:15 1068:22 1070:8
1070:14 1072:4 1075:20
1076:16,22,25 1077:2
1077:13 1078:4 1080:6
1089:14,24 1091:1,4,8
1091:20 1092:12 1093:2
1094:19 1097:1,17
1103:19,20 1105:8
1106:21 1109:14,20
1110:12 1111:13,17
1114:23 1115:12
1116:25 1117:14,16
1120:8,11,19,23
1121:11,23 1122:20
1130:9,13,21 1132:4
1133:17 1138:23
1144:16 1154:22,23

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Denver (303) 296-0017 Boulder (303) 443-0433 Colorado Springs (719) 635-8328 Greeley (970) 356-3306

AGREN BLANDO COURT REPORTING & VIDEO INC

1157:25 1159:23 1160:1


1166:6,9,9,11 1175:22
1180:10 1189:14
1191:16,17,21 1192:23
1193:6 1195:1 1198:3
1198:11 1201:22,23
1214:6 1215:11 1216:12
1219:23 1221:10,23
1223:24 1224:1,2,2,7
1225:18 1230:9 1231:7
1246:3,10 1247:9,11
1248:2,25 1250:6
1257:13 1258:1 1265:12
1266:17 1269:21
1273:10 1278:12 1282:1
1296:19 1319:5,10,12
1354:20 1371:8 1378:10
1379:10 1388:1,6,21
Colorado's 1201:24
1220:22 1264:7
Columbia 1121:18
combustion 1303:2
come 1053:15 1055:21
1071:6 1084:13 1089:17
1097:16 1104:2,23
1108:8 1119:1,7
1124:25 1129:20 1130:3
1133:5 1136:1,3
1140:21 1141:11 1147:4
1149:3,25 1152:5
1162:12 1163:11 1166:4
1169:20 1172:14 1173:3
1174:11 1175:9 1186:10
1187:16 1195:22
1204:10 1207:12
1211:20 1220:24 1223:5
1223:25 1225:10
1247:25 1254:13
1269:13 1278:18 1285:5
1290:19 1294:13
1299:17 1302:12,23
1307:11,16 1316:25
1338:15,16 1352:19
1359:18 1370:16
1372:13,24 1373:20
1375:6 1376:14 1380:2
comes 1055:24 1059:20
1060:9 1099:16 1103:4
1104:12 1156:2 1158:19
1170:25 1184:15
1191:20 1193:3,4

1197:8 1222:25 1242:13


1242:17 1366:6 1381:23
1382:5 1386:10
comfortable 1073:7
1179:1 1382:2
comforting 1117:21
coming 1056:10 1092:4
1096:20 1100:24 1101:5
1101:8 1112:5 1124:21
1173:3 1198:7 1201:7
1203:13 1211:22 1213:1
1231:23 1261:24 1267:7
1293:12 1295:7,7,10
1304:10,15,23 1330:10
1330:22 1333:12
1336:23,24 1362:15
1370:19 1371:3 1372:21
1385:4
comm 1187:4,5
command 1233:2
commenced 1086:6
comment 1053:18 1055:1
1064:25 1154:20
1172:21 1184:5 1209:7
1209:8 1213:15 1225:11
1225:15 1230:25 1231:9
1290:20,24 1307:10
1380:16
commented 1118:14
comments 1051:2 1053:5
1053:7,9,14,22 1054:2,8
1054:14,16 1055:9
1056:4,7 1061:25
1065:14,22 1072:1
1073:24 1083:24
1090:15,19,21 1093:7
1097:15 1102:3 1104:15
1104:16 1151:11,13
1152:16,21 1187:2
1213:20 1214:14
1230:17,20 1231:12,13
1243:17 1261:1 1301:13
1359:20 1375:12
1380:12,19
Commerce 1102:16
1132:20 1145:11,13
commercial 1088:20
1134:17
commission 1090:6
1115:11 1171:20
1216:17 1223:16 1288:1

1363:12 1374:3 1380:3


1380:6 1388:18
commissioned 1111:20
commissioner 1086:7
1151:23
commissioners 1087:8
1087:13 1088:14
1296:24 1297:7 1306:15
commitment 1119:22
committed 1117:13
1367:9
Committee 1221:12
commodity 1105:15
common 1076:1 1105:7
1109:14 1352:1 1385:22
commonalities 1152:2
communication 1325:24
Communications
1049:5
communities 1062:19
1080:13 1094:23 1095:6
1101:11 1129:18
1130:20,23 1137:20
1156:13 1158:17
1164:10,17 1165:1,5,20
1173:15 1219:5
community 1069:3
1101:4,13 1102:5
1110:22 1123:19,21
1152:13 1155:3,18
1164:12 1180:11 1208:7
1210:13,16 1211:5,15
1211:18,24 1212:3,25
1215:16,25 1216:1
1217:6,9,14,14 1218:2,6
1220:9 1227:16 1229:11
1229:20 1291:24
commute 1150:21
commuting 1151:1
companies 1062:18
1071:14 1108:25 1116:1
1157:22 1159:9 1205:12
1206:16 1207:1 1216:11
1216:21 1218:7 1219:16
1259:25 1260:1 1306:21
company 1066:24 1071:6
1083:10,10 1110:13
1117:20 1124:18
1125:14,23,25 1126:5
1126:10,14,15,21
1141:2,8 1194:8,23

1206:19,22,24 1233:22
1235:24 1253:22,25
1261:14 1264:1 1266:18
1270:7 1276:8 1297:13
1324:17 1325:3 1343:15
1343:19 1349:20
1351:11,14 1354:3
1362:16 1376:1,12,20
company's 1205:21
1216:3 1262:20 1275:2
1276:20
compare 1068:20 1135:9
compared 1116:12
1153:18 1238:2 1289:23
comparing 1239:11
comparison 1091:18
1135:14 1313:11,19
compelling 1160:15
compensated 1106:12
1174:18 1175:2,8
compensation 1106:13
1108:11,14,15 1110:19
1121:7
competent 1177:12
compile 1119:5
complain 1101:23
complaining 1101:9
complaints 1101:16
complete 1107:7 1349:8
1349:18 1353:15
1363:15,17,18
completely 1056:11
1071:15 1106:16 1107:1
1115:23 1116:15
1125:16 1230:10 1248:1
1331:25
complex 1218:12 1283:3
1295:6
compliance 1268:14,25
1314:15 1379:13
1386:19 1387:1
complicated 1193:20
1275:10
complied 1266:21
1357:14
comply 1266:19 1268:18
1268:20 1386:24
complying 1098:12
component 1148:16
1240:15 1288:17 1353:3
1353:16

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

components 1239:3
1288:12 1345:25
1353:11,18
compound 1350:1
comprehensive 1230:20
1328:21
computer 1320:13
1387:16
computers 1054:12
con 1386:1
conceivably 1317:17
concept 1081:3 1249:21
1310:3,4 1334:6
conception 1347:22
concepts 1081:3
concern 1071:8,17
1090:1,3 1093:18
1094:2 1126:12 1131:17
1170:8 1210:1 1217:17
1235:21,23 1236:6,6,12
1237:1 1282:21 1286:2
1305:20 1329:25 1354:2
1370:3 1384:8
concerned 1057:5,15
1059:15 1063:19 1071:3
1076:19 1077:14 1079:3
1125:22 1129:19 1140:3
1142:3 1148:2 1156:21
1163:24 1164:8 1167:22
1170:3 1174:2 1178:1
1179:7,16,19 1207:16
1208:8 1209:21 1221:9
1225:17 1291:14
concerning 1115:19
1153:19 1220:4 1233:11
1251:25 1343:25
1353:13 1360:3,4
concerns 1058:3 1074:6
1093:10 1115:5 1123:16
1127:11 1129:2,11
1141:4 1156:14,20
1158:12 1169:13,14
1177:14 1188:1 1215:8
1262:10 1266:18 1271:9
1305:21 1307:7 1379:22
1386:4
concluded 1241:21
conclusion 1058:25
1081:3 1111:21 1228:25
1332:7
concurrence 1119:9

condition 1086:3,23
1087:10 1118:20
1254:10 1355:19
conditional 1088:15
conditions 1061:1
1064:17 1070:1 1072:17
1075:12 1086:1,2
1087:7 1130:12 1158:15
1220:4 1251:19,21,25
1262:4 1320:5 1341:16
condo 1133:8
conduct 1161:6 1164:13
1177:15,18 1281:13
conducted 1145:14
1160:22,24 1218:23
1353:22
conducting 1178:11
1273:6
conduits 1070:4
Cone 1157:5,5
confer 1377:17
conference 1052:3
1354:11,12
confidence 1126:5
1157:25
confidential 1051:22
1315:8,9,16 1318:19
1343:23 1344:1
confidentiality 1254:4
1344:7
configuration 1316:22
configurations 1310:16
1311:24
configured 1284:21
confinement 1076:5
confirmed 1149:20
confirming 1086:21
conflict 1183:16
confuse 1289:16
confused 1083:11
1127:14 1230:11
1240:20 1287:20
1368:23
confusing 1115:5 1230:7
Congress 1142:22
1165:16,17,17 1173:22
1185:14 1189:13
1198:11 1273:7
congressional 1173:20
conjunction 1335:9
connected 1286:2,5

1306:23
connection 1118:13
1205:19
connections 1263:20
Connie 1190:17,25
1192:1
conscious 1291:17
consent 1065:10,12
consequences 1058:5
1121:20 1131:2 1228:1
1303:1
Conservancy 1355:8
conservation 1065:17
conservative 1218:24
conservatives 1216:9
consider 1062:6 1064:15
1093:4 1095:25 1131:1
1132:6,7 1133:25
1134:10 1150:10
1217:21 1220:23
1241:13 1250:21,24
1255:12 1274:6 1278:3
1323:14 1364:22,24
considerable 1120:1
considerably 1218:19
consideration 1068:9
1080:16 1093:9 1094:6
1095:15 1117:23
1119:25 1152:16
1254:13 1279:3 1282:15
considerations 1098:14
1098:15 1102:7 1188:25
considered 1063:10
1083:4,16,19 1157:18
1163:3,3 1172:5 1176:5
1248:17 1254:9 1277:17
1277:22 1298:6 1337:9
1337:20 1338:2 1356:23
1384:8
considering 1060:20
1073:23 1075:12 1113:8
1117:1 1125:16 1279:22
considers 1088:24
consist 1225:25
consistency 1230:11
consistent 1357:11
1370:9
consistently 1062:9
1117:20
consolidating 1258:4
constituent 1146:6

constituents 1265:8
constitutes 1388:11
constitutional 1157:16
constrained 1064:5,10
constraints 1102:23
1342:2
construct 1103:1
constructed 1227:6
1345:15 1381:18
constructing 1272:4
construction 1068:11
1086:13,22 1089:8
1092:15 1097:24
1136:20,23 1149:5
1223:7 1255:6 1316:24
1317:10 1322:19 1323:1
1323:10,19 1348:21
1349:18 1351:13,21
1353:2 1360:5,8 1361:1
1361:4,18 1362:1,10,12
1362:20 1365:25
1368:24 1369:1 1375:4
1381:23
Construction's 1351:8
consultant 1277:4
1352:9 1372:15
consultants 1280:14
1339:17 1352:2 1375:17
1375:24 1376:4 1379:16
consulting 1276:8
1343:15 1376:1
consume 1299:6
consumer 1145:14
1295:16
consumption 1383:11
contact 1314:21
contacted 1314:18,22,25
1315:4 1381:8
contacts 1381:11
contain 1122:19 1141:14
1194:3 1301:19
contained 1100:22
1116:7 1194:11 1204:1
1299:13
containing 1200:5
containment 1063:6
1076:6 1080:5 1298:12
containments 1076:9
contains 1103:8
contaminate 1057:16
1059:17,21 1076:23

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

AGREN BLANDO COURT REPORTING & VIDEO INC

1154:1
contaminated 1075:25
1077:19,22 1097:6
1107:21 1114:9 1121:10
1132:8 1157:20 1174:19
1175:21 1198:19
1214:24 1215:18 1225:3
1225:4 1277:20 1300:1
contaminating 1059:5
1075:22 1085:19
1157:14
contamination 1057:4,8
1060:11 1062:9,10
1075:16 1076:20 1080:7
1080:11 1085:6 1096:25
1105:19 1113:13
1121:17 1131:22
1138:18 1156:21 1157:7
1157:10,17 1158:10,23
1159:23 1174:20,22
1215:5,6,22 1216:5
1217:5 1218:6 1220:17
1224:22 1225:11 1346:4
contested 1358:19
context 1055:13
contiguous 1280:10
continent 1084:19
continents 1173:12
contingency 1057:19
1075:9 1278:4
continually 1093:13,22
1094:1
continuance 1380:17
continue 1077:20
1108:18 1149:19
1163:25 1184:21
1188:11 1194:3 1215:21
1310:10 1344:23
continued 1050:1 1052:1
1105:20
continues 1088:7
1215:23 1246:7
continuing 1169:9
continuous 1106:24
1311:10
continuously 1108:13
contract 1355:8,10,12
contractor 1075:1 1263:7
1374:15
contractors 1235:14
1236:16

contracts 1353:13
contractual 1263:19
contrary 1224:18
contrast 1226:7
control 1068:22 1102:8
1106:18 1115:22 1194:4
1217:13 1223:17 1292:1
1292:4 1296:4 1319:6
1319:10 1327:9,12,15
1327:18 1328:7,21
1330:16 1369:25 1370:1
1372:1,22 1384:16
1385:13 1386:23
controlling 1061:12
controls 1229:4
convenient 1231:18
conventional 1067:1
1308:14 1309:5 1310:12
1310:18,21,25 1311:3,8
1311:20 1346:2 1374:5
1374:13
converge 1068:4
conversation 1137:13
1168:7 1183:9
conversion 1365:17
convinced 1165:2
Cooper 1279:12,14
1283:17,21 1284:12,20
1284:21 1285:16
cooperative 1163:18
Cooper's 1285:11
Cooper/Carver 1289:16
copied 1328:13 1329:8
1331:6
copy 1084:3,4 1214:15
1272:9
core 1220:12
corners 1126:11 1131:8
1293:17
corporate 1060:1,2
1083:17 1088:4 1143:15
1292:2 1294:23
corporation 1070:15
1081:20,21 1149:20
1216:19 1232:12 1234:7
1235:24 1291:13
1293:12
corporations 1061:9
1078:11 1165:21
1210:11 1216:6 1291:9
1291:20 1292:4

correct 1167:7 1168:3


1170:17 1232:12,13,17
1232:18,20,21,25
1233:4,12 1234:1,7,8
1235:4,8,11,16 1236:18
1238:15 1239:5,25
1242:22 1245:15
1246:11 1247:14,23
1248:4,5,9 1249:1,5,6
1249:18 1250:8,11,21
1250:25 1251:10 1252:2
1253:5,14,15 1254:11
1254:16,23 1255:12,13
1257:22 1258:5,10,11
1258:22 1259:6,14,16
1259:18,22,23 1260:2
1260:13 1261:22 1262:4
1262:5,18,25 1263:1,3,4
1263:17,18 1264:2,5,8
1264:12 1265:13 1268:6
1268:9,15,17,19,25
1270:13,18,19 1271:14
1271:25 1272:6 1273:15
1274:4,5 1275:16
1276:7,12 1277:3,4,10
1278:10,14 1280:6
1281:14 1282:11,17
1283:1,4,5,7,8,10,15,19
1284:3,6 1285:24
1286:10 1288:19
1289:12 1308:6,10,11
1309:9,10,24 1310:17
1313:3,4,8,9 1314:4,13
1314:16,25 1317:7,12
1317:13,16 1318:23,24
1319:1,11,14,19,23,24
1320:4,10,11 1321:13
1324:2,9 1326:1,11,14
1326:16,22 1328:25
1331:16,22 1332:11
1334:1,5 1335:14,15,25
1337:3,11,18,20 1338:8
1339:10,19,20 1340:3,4
1340:7,9,13 1341:5,7,10
1342:7,24 1343:23
1345:7,8,11,25 1346:1,9
1346:14,15,18,19,22,23
1347:1,10,25 1348:1,21
1348:22 1349:3,25
1351:1,16 1352:13,23
1352:24 1353:24

1354:18,19 1355:5,14
1355:17,21 1356:13,19
1356:25 1357:15,23
1358:10,17,18 1359:16
1362:13,24 1363:6
1373:1,9,11 1380:8
1383:14 1385:7 1388:11
corrected 1228:20
correcting 1252:24
corrections 1289:17
correctly 1084:1 1120:9
1151:5 1232:1 1265:18
correlation 1299:3
correspondence 1385:19
corroborates 1112:2
Cortez 1151:19,22
1180:1 1292:16
cost 1051:25 1057:20
1062:3,13,16 1063:23
1072:9 1084:21 1090:3
1090:7 1091:19 1092:11
1106:21 1107:2 1117:16
1121:11 1122:13,16
1132:10 1141:10
1159:20 1223:3 1247:7
1247:12,15,16,17
1248:24 1287:10,13
1324:16 1347:12 1348:8
1349:2,14,23
costing 1107:8
costs 1063:22 1064:3
1071:13 1072:9,11
1076:14 1106:23,23
1108:17,24 1122:20
1143:1 1150:11 1153:18
1159:12 1218:18
1219:20 1223:20
1225:20 1277:13
1287:19 1331:14
1348:10,10
Cosy 1071:23
Cotter 1077:25 1081:20
1108:1 1208:4 1224:11
1224:19 1225:5 1226:11
1227:24 1228:13,15
1229:6,11,13 1230:4
1263:3,9,12,15
Cotter's 1226:8 1227:20
1228:16 1229:24 1230:1
1230:3
couch 1081:2

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Denver (303) 296-0017 Boulder (303) 443-0433 Colorado Springs (719) 635-8328 Greeley (970) 356-3306

AGREN BLANDO COURT REPORTING & VIDEO INC

couched 1240:12
counsel 1054:2 1055:8
1090:18 1246:18
1329:22 1331:24
1333:10 1388:13
counsel's 1323:8
count 1070:12,13,15
1371:5 1372:3
counties 1057:18
1071:20
countries 1103:1 1219:15
country 1099:4 1124:4
1164:11,16,19 1165:15
1183:19 1185:3 1186:9
1186:19 1197:20
1204:16 1215:14 1244:1
1292:25 1298:8
country's 1222:6
counts 1056:23
county 1056:17 1061:24
1063:17 1065:23
1085:22 1086:7 1087:6
1087:7,12 1088:13
1103:8,23 1111:18,22
1112:9 1118:20 1124:10
1124:13 1143:19
1151:23 1164:7 1172:25
1174:17 1198:12
1215:11 1218:3 1241:18
1250:14 1282:17,19,21
1282:24 1283:1,4,7,14
1283:15 1294:25
1296:21,24,24 1297:5,7
1320:8 1326:5 1336:7
1336:12,13 1380:7,13
1380:19 1388:3
couple 1066:21 1128:13
1128:16 1140:22
1151:19 1176:1 1180:14
1182:13 1190:14 1199:3
1225:12 1276:5 1307:15
1334:3 1364:9 1366:12
1383:1
courage 1293:6
course 1067:4 1075:12,18
1076:22 1077:1 1110:4
1148:21,22,23 1176:23
1194:6,13 1197:7
1198:25 1201:11 1217:9
1238:6 1298:23 1357:17
1361:16 1370:25 1371:2

1374:6 1381:14 1382:11


court 1065:7 1083:23
1168:20 1171:9 1176:3
1229:14 1272:10
courtesy 1316:8
courtroom 1178:15
cover 1062:2 1063:23
1072:12 1081:4 1090:8
1113:22 1271:5,7
1276:11,14 1311:10
1334:12
coverage 1362:2
covered 1122:15 1190:25
1225:21,24
covering 1113:25
covers 1225:11 1226:1
co-op 1293:22,23
co-op's 1293:22
CO2 1154:13
Craig 1152:6
crater 1218:5
create 1099:25 1100:22
1101:1,7 1119:6
1185:20 1188:8,22
created 1072:21,25
1074:3 1096:13 1102:20
1109:8 1147:5
creating 1074:4 1146:15
creation 1073:3 1103:25
1148:5 1258:8
credentials 1191:1
credible 1255:14
Creek 1147:5 1151:2
1153:23 1292:16 1302:8
Crescent 1274:3,6,8
crew 1186:8
crews 1212:21
criminal 1075:20
crippled 1157:9
criteria 1258:10 1259:13
1259:18 1280:4 1283:10
critical 1105:4 1217:1
croplands 1122:7
cropped 1164:19
crops 1122:9 1214:22
cross 1102:19 1231:23
1267:3,8
cross-examination
1051:4,5,5 1055:11
1184:4 1232:1,6,10
1290:14 1308:1

Crownpoint 1218:12
crush 1368:8
CSA 1155:2,3
cultural 1314:19
cultures 1133:22
cumulative 1060:24
1067:25 1068:8 1112:16
Cunningham 1214:5,6
1224:4,5,6
cure 1146:14
Curie 1121:1
curious 1333:12
current 1064:10 1071:12
1078:6 1082:4 1086:21
1093:16 1104:8 1149:15
1159:21 1176:4 1249:23
1251:18,25 1261:11
1262:3 1275:2 1278:7
1278:14 1285:4 1308:13
1339:11
currently 1072:14
1077:23 1092:3 1094:20
1103:3,8 1139:10
1150:1,21 1229:22
1232:16 1270:20 1274:2
1277:23 1318:20 1319:4
cursory 1116:23
Curtis 1049:5 1355:24
curves 1072:4
customers 1155:4
cut 1054:6 1126:11
1173:5 1205:14 1343:9
1379:22
C141 1181:24 1186:5
D
D 1049:3 1051:1 1052:1
1053:1
dad 1146:16 1218:11
daily 1087:18,21 1124:11
Dale 1136:7 1137:6
damage 1085:13,16
1112:17 1154:3,3
1162:11,13 1175:24
1176:4,4,8,10 1226:17
1229:14,15
dammed 1147:5
Dana 1048:18 1064:23
1079:13 1084:6 1094:17
1123:14 1131:4 1154:19
1214:15 1303:21

danger 1109:22,24
1120:25 1206:22
1306:21,23
dangerous 1059:9
1072:18 1084:23
1138:25 1159:10
1219:19 1220:4 1229:9
1239:4 1240:14,17,18
1244:8,10,12 1297:23
1299:12
dangerously 1107:4
dangers 1210:18
DANIELS 1049:2
Daranyi 1154:18,19
dark 1069:9
data 1077:17 1143:4
1190:15 1195:7,9,11,14
date 1078:3 1236:20
1237:3 1246:24 1267:19
1272:18 1338:22
1339:14
dated 1051:17 1318:25
1321:12 1374:5
dates 1237:1
daughter 1148:10
1217:15 1220:1
David 1296:18
Davis 1108:9
dawn 1367:16
day 1053:9,16 1057:1
1087:11,14,17,22,24
1088:18 1102:12
1118:15 1141:8 1150:2
1150:3 1163:7 1164:1
1170:11 1177:4 1185:22
1188:4 1189:6 1209:19
1258:15,17,19 1297:20
1298:24 1299:25 1303:8
1307:3,22 1317:16,18
1320:3 1323:21 1324:1
1325:14 1326:25
1333:25 1334:20
1335:13,18 1336:6,10
1336:13,16,20 1368:15
1368:17,24 1369:1,15
1369:22 1370:14
1371:21,22 1388:17
daylights 1163:1
1192:17,18
days 1114:10 1129:8
1139:6 1170:23 1181:25

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Denver (303) 296-0017 Boulder (303) 443-0433 Colorado Springs (719) 635-8328 Greeley (970) 356-3306

AGREN BLANDO COURT REPORTING & VIDEO INC

1184:11 1188:2 1189:7


1193:19 1200:3 1211:17
1307:15 1314:16,17
1359:10 1364:9 1369:14
1383:1
day-to-day 1234:12,25
1235:19
dead 1106:4 1174:9,10
1208:3 1217:19 1231:15
deadline 1086:15
deadliness 1245:3
deadly 1105:21 1199:17
1241:10 1242:21,24
1243:22,23,25 1244:12
1244:14
deal 1071:16 1081:14
1109:22 1126:6 1135:7
1135:24 1136:6 1153:23
1164:20,24 1167:23,24
1211:12 1223:18,20
1239:1 1250:13 1315:14
1320:1,13 1330:1
1358:1,8
dealing 1178:21
deals 1178:15
dealt 1072:15 1074:4
1111:7 1257:1 1333:2
1334:4
dear 1154:19 1173:13
1178:22
death 1135:2,25 1164:25
1165:7
deaths 1241:5 1299:10
Deb 1178:7
debate 1245:2
debilitating 1161:22
decade 1197:13 1211:13
1224:19 1230:9
decades 1113:16 1140:23
1210:23
decay 1141:20
December 1051:21
1153:3 1267:20 1335:5
decent 1373:23
DeChristopher 1197:1
decibel 1367:7
decibels 1367:8
decide 1110:16 1204:2
decided 1164:15 1165:14
1166:6 1246:15 1273:8
1273:24 1275:25 1278:1

1362:16 1363:1
decides 1109:25
deciding 1278:14
decision 1116:22 1119:2
1119:6 1140:16,17
1144:9 1168:18,22
1169:22,23,24 1171:2
1174:18 1204:13
1207:15 1220:25 1221:2
1228:7 1254:13 1275:9
1278:19 1316:23 1317:4
decisions 1144:9
1167:25 1233:11 1234:6
1234:12
decision-makers
1061:12 1172:1 1275:8
decision-making
1115:25 1234:25
declared 1157:22
decline 1087:20
decommission 1109:5
decommissioning
1051:24 1063:22 1109:6
1345:2 1348:10 1349:21
1361:15
decontamination
1063:22
decreases 1067:5
decree 1229:14
dedicated 1172:13
DeeAnna 1143:12,13
deem 1095:22
deemed 1298:23
deep 1057:17 1065:22
1200:15 1203:19
deeper 1126:15,21
deeply 1065:24 1069:1
1077:14 1104:20
deer 1367:12
default 1107:7
defaulted 1107:2 1116:1
defects 1070:3 1106:6
1176:8 1206:11
defend 1089:3
deferred 1063:4
deficiencies 1228:17
deficient 1158:4
deficiently 1225:22
define 1235:23 1289:3,6
1316:1 1338:11
defined 1114:19 1338:10

1338:14 1349:15
definite 1161:22
definitely 1265:9 1286:6
1306:23 1321:11 1354:6
definition 1127:16
1236:7,9,12
definitive 1227:13
1324:19 1326:3
degradation 1150:13
1193:15
degraded 1085:11
1138:16
degree 1149:6
delay 1064:11 1287:18
1362:2
delays 1224:21,24 1360:5
1360:8 1361:1,4
1362:10,12
delegated 1357:4
deliberate 1143:9
deliberately 1142:18
deliver 1205:16
deliveries 1367:10,18,23
delivering 1074:18
delivery 1370:11
Delores 1075:18,19
1076:21 1077:21
1079:23 1118:23
1122:19 1151:3,23
1340:1 1341:4 1353:12
1355:1,8
Delta 1122:8
demand 1082:22 1084:17
1092:6 1102:25 1103:4
demons 1332:16
demonstrate 1262:21
1266:15
demonstrates 1142:1
Denarius 1246:6
denial 1095:13 1120:5
1206:14
denied 1082:25 1083:19
1086:20 1090:12
1296:25 1386:8
Denison 1069:22
1083:13 1153:1,6,11,12
1153:14,18 1245:5,9,18
1250:12
Denver 1049:4,17,23
1081:22 1168:20 1171:9
1194:7 1388:3,21

deny 1064:16 1073:12


1077:7 1089:10 1094:18
denying 1063:12 1088:1
1115:13
department 1049:24
1057:6 1059:25 1062:5
1064:4 1065:5,10
1068:4 1070:14 1091:4
1091:5 1095:15 1098:6
1116:13,13,25 1117:15
1119:18 1120:8,23
1121:6,23 1125:2,4,11
1126:18 1130:13 1132:9
1157:25 1166:10,11
1189:14 1216:13
1223:19 1225:9 1227:4
1228:3,5,5 1229:23
1231:1 1269:21 1273:15
1278:13 1306:16
1319:12 1327:3 1371:8
1382:6 1384:24
departments 1125:3
department's 1116:17
1225:1,14,25 1227:19
depend 1154:10
dependent 1156:5,11
1157:3 1158:16 1160:3
1160:14 1343:3
depending 1145:4
depends 1140:1 1258:16
deplete 1156:10
depleted 1203:12
depletion 1354:25
1355:1
depopulated 1137:19
deposit 1078:22 1111:2
deposited 1070:24
deposits 1067:12
1084:20 1103:9
depressed 1145:24
descend 1078:18
descendants 1315:3
described 1106:17
1192:15 1289:25
descriptive 1061:2
desert 1187:7
design 1076:8 1087:15
1087:22 1114:16,17
1271:1 1272:1 1273:13
1274:13,17 1275:15
1278:3 1313:12,23

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Denver (303) 296-0017 Boulder (303) 443-0433 Colorado Springs (719) 635-8328 Greeley (970) 356-3306

AGREN BLANDO COURT REPORTING & VIDEO INC

1315:13 1316:12,16,18
1317:4 1318:1,2,4
1319:7,21,23 1332:13
1332:19 1333:25
1346:17 1372:19,25
designated 1062:15
1315:8,18 1343:22
designations 1071:21
designed 1076:4 1082:16
1122:12 1166:3 1268:19
1270:23 1271:24
1317:14 1320:2 1335:10
1352:23
designs 1068:11 1076:11
1313:23
desperate 1206:3
despite 1067:22 1069:4
1121:16 1170:2 1227:11
destination 1149:25
destroy 1101:1,9
destroyed 1106:15
1208:13
destroying 1205:23
destructive 1208:21
detail 1065:13 1120:1
1243:15 1289:22
1381:25
detailed 1254:16,22
1283:18 1284:1
details 1177:16 1178:15
1257:25 1316:7
detection 1076:5
deteriorates 1206:9
determination 1262:15
1355:7
determine 1078:13
1161:5 1185:13
determined 1086:19
1128:5 1168:15 1176:3
1355:18
determines 1239:2
determining 1117:7
detract 1088:7
detrimental 1103:15
devastated 1137:20
1164:22
devastation 1080:10
1081:16,17,19 1105:18
develop 1138:24 1142:10
1142:25 1295:8,25
developed 1064:12

1089:4 1105:1 1205:15


1294:18 1295:20
1334:13
developing 1067:11
1141:4
development 1066:11
1077:18 1078:5 1092:16
1094:15 1103:24
1108:22 1149:20
1151:16 1209:4 1227:14
1255:18
developmental 1138:21
developments 1066:23
devices 1372:22
devoted 1226:4
dewater 1309:5
dewatered 1310:7
diagnosed 1154:2
1212:15
diagram 1192:15
diagrams 1372:20
dialog 1139:5 1304:4
Dianna 1145:8,9
Dick 1263:5
dictated 1141:1
die 1121:5 1156:8
1162:18
died 1106:11 1121:2
1128:15,22 1163:7
1212:13
diesel 1154:13 1218:14
1218:17
difference 1217:7 1241:9
1241:13 1308:25 1331:7
differences 1152:2
different 1059:20
1133:23 1161:13
1179:15 1197:7 1199:6
1199:7 1201:17 1207:25
1221:3,21 1239:24
1243:18 1258:14
1291:16 1309:3,4
1323:16 1325:2 1327:2
1328:24 1331:21,22
1349:24 1369:5 1373:8
1373:10 1381:14
differently 1176:19
1246:12 1378:23
difficult 1069:2 1119:17
1119:17 1134:20
1152:12 1202:24

1204:13 1207:8,15
1260:15 1354:7
difficulties 1120:7
difficulty 1054:6
1230:16
dignity 1205:4
dilute 1192:25
diminishes 1088:8
dire 1344:6
direct 1097:19 1103:21
1104:1 1117:23 1153:22
1159:14 1232:16
directing 1067:10
direction 1055:22
1123:22 1184:21
1233:19
directly 1068:3 1116:12
1130:3 1149:22 1183:22
1195:13,24 1233:9
1235:20 1249:22 1263:9
1266:22 1268:5
director 1049:5 1151:20
1151:22
directors 1151:14
dirt 1101:17 1128:2
dirty 1175:22
disability 1204:21
disabled 1204:20
disadvantage 1138:18
disagree 1152:4 1286:13
1347:2 1376:22 1377:15
disappear 1205:10
1207:9 1212:3
disappointed 1139:12
disappointing 1163:6
Disappointment 1294:7
1294:10 1295:23
disaster 1299:24 1347:18
disasters 1297:20,21
disaster-related 1347:20
discharge 1267:22
1270:16
discharges 1265:11
disclose 1109:25 1110:12
disclosure 1111:1
1139:13
disclosures 1284:17
discover 1162:8 1164:9
1230:22
discovered 1110:3
1121:2 1179:19 1306:7

discovering 1201:6
discovery 1234:13,19
1284:16 1301:18
1320:19,23
discretion 1230:13
discuss 1118:18 1139:17
1152:2 1205:4 1254:5
1343:15 1362:1
discussed 1226:22
1288:21 1289:21
1312:24 1315:12
1326:17 1353:10
1372:17 1382:25
discussing 1140:2
1306:8
discussion 1056:1
1061:20 1098:18 1099:1
1100:23 1162:5 1226:17
1247:10 1269:18
1289:25 1347:9,11
discussions 1149:10
1257:8 1375:8
disease 1061:2 1206:8
1299:10
diseases 1060:20
dishonest 1142:18
disingenuous 1139:16
1142:20
dismal 1078:7
dismayed 1088:23
disparage 1210:7
disposal 1118:1,8,11
1226:12 1227:12
1273:24,25 1274:3
1308:5,8,14,22 1309:23
1312:5,21 1313:6
1383:18,19
dispose 1200:17 1201:9
1257:24 1308:10
disposed 1087:1 1229:10
disposing 1227:7
disprove 1119:3
disregard 1115:23
1297:13
disrespect 1205:21
dissertation 1262:22
distance 1123:1 1255:5
1256:9
distances 1366:15
distant 1091:11 1340:6
distinct 1130:16

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

distressed 1065:24
1205:8
distressing 1078:7
distribution 1142:2
district 1062:17 1065:3
1168:20 1171:9 1272:10
1355:8,11,12
disturbed 1081:17
1228:11 1229:22
disturbing 1060:4
disturbs 1172:12
ditch 1059:22
diversification 1107:15
1138:22
Diversity 1049:19
divide 1370:15
divided 1066:3
dividend 1126:1
Division 1117:5 1327:8,9
1327:12,15,18 1328:7
1330:16 1369:25 1370:1
1385:13
docket 1344:3
Doctor 1373:24
document 1086:4 1119:6
1227:1 1228:3 1237:2
1267:14,16 1268:2,5
1272:19,20,21,22
1285:6 1309:12,13
1314:15 1320:12,14
1321:7,10,11,15,16,22
1322:6 1323:11,22,23
1332:5 1333:23 1334:3
1334:7,10 1338:18,22
1339:2,5,21 1349:5,6,11
1351:21 1352:2,3
1377:20 1382:3
documentation 1368:5
documented 1057:3
1058:10 1059:8 1062:8
1080:7
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1227:11 1230:19,23
1251:12 1261:7,8
1269:8,10,20 1270:1
1313:2 1315:13,25
1316:2,7 1320:20
1321:1 1332:9 1375:20
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1109:14 1112:10 1166:4


1196:18,20,23 1223:19
1273:8
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1112:10 1131:18
1153:11 1162:5 1173:8
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1317:23 1320:21
1334:16,25 1347:12
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1360:7,12 1361:18
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1371:15
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1121:12 1129:18
1136:18 1140:11
1142:13 1195:2 1219:1
1222:15 1223:23 1345:2
domestic 1092:3,5
Don 1073:19
donuts 1055:4
doom 1135:11
doomed 1099:6
door 1172:23 1213:18
1303:15 1321:3
doors 1071:15
dose 1113:1 1228:18
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doses 1060:22 1228:14
dosimeters 1143:22
DOT 1304:25
double 1269:3 1370:9
doubt 1148:1
Dove 1151:2 1153:23
1292:16
downcast 1384:6,10
downhill 1122:19
downstream 1057:16,18
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1213:24 1220:11
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1095:6 1123:19 1154:24
1157:14,18 1175:9
1180:24 1202:4 1367:24

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dozens 1085:18 1230:23
Dr 1051:5 1054:17
1112:21 1195:6 1256:13
1307:15 1364:3,6
1373:5 1383:22,23
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drafts 1352:1
drank 1229:1
draw 1086:2 1217:8
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drawn 1263:3
drink 1072:7 1131:13
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1078:24 1095:11 1215:4
1298:18,20
drive 1129:20 1142:3
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driven 1105:16
driver 1092:10
drivers 1088:8 1200:8
drives 1054:13
driving 1136:22 1146:5
1300:17 1367:11
drought 1075:11 1079:25
1094:25 1177:3 1222:20
1341:2 1342:3
droughts 1191:24
drown 1197:19
drum 1210:3
drums 1238:20
drunk 1113:15
dry 1093:21,23 1308:22
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ducks 1144:21
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1094:3 1130:25 1224:24
1227:9 1248:3 1273:9
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dumping 1102:1
Dunn 1090:23,24

Durango 1049:11
1081:21 1181:7 1226:11
Durita 1278:17,21
1279:24 1280:3,8,10
dusk 1367:15
dust 1078:17 1085:17
1095:5 1114:13 1123:21
1124:9,13 1130:2,3,17
1132:25 1133:12
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1147:20 1156:25
1222:23,24,25 1239:7
1305:21,22,23 1306:10
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duties 1122:3
duty 1241:7 1242:3
dwindle 1211:24
Dyar 1137:1,8,8,9,10
dying 1180:10 1217:19
Dylla 1214:11
dynamic 1381:23
dynamics 1094:4
D-y-l-l-a 1214:3
D.C 1166:20
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1184:24 1251:22 1253:1
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1316:15 1343:14
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1157:1 1343:9
east 1143:15 1181:8
1278:15 1279:7,8
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Eastern 1091:21
easy 1254:13
eat 1122:9

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

eaten 1113:15
echelons 1187:22
echo 1137:12
economic 1063:9 1079:9
1080:11 1088:7 1103:22
1104:5,11 1105:19
1108:22 1109:22
1121:20 1123:11
1137:15 1138:4,14,21
1140:20 1148:17
1149:20 1158:14,15,16
1158:19,24 1159:1,4
1160:13 1165:2,11
1201:20 1218:4,9
1225:16,23 1226:5
1227:14,23,25 1257:13
1258:1
economical 1091:25
1092:21 1099:19
1100:20,21 1257:15
economically 1107:13
1138:24 1145:23 1205:8
1219:4 1259:3 1320:6
economics 1201:19
1293:15 1335:24 1336:1
economies 1079:12
1107:16 1137:20
1163:12
economy 1085:15
1092:25 1104:13
1113:11 1119:24
1120:22 1133:3 1148:13
1150:6 1155:23,23,24
1156:12 1158:22 1160:3
1164:14 1299:14,18
ecosystem 1093:11,17,19
ecosystems 1079:6
Edgar 1178:20 1179:3
edge 1257:25 1375:18
1376:2 1380:1
editorials 1307:24
educated 1144:11,24
education 1138:6
1200:13 1209:25
educations 1210:9
Edwards 1181:5,6,6
1303:21 1304:3 1305:8
effect 1171:3 1198:21
1202:24 1218:2 1220:5
1220:6 1236:4 1237:8
1304:24 1329:3 1331:20

1359:21 1383:25
effective 1061:6 1117:17
1160:11 1353:14
1355:13
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1061:5 1074:7 1079:3
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1298:16
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1105:14 1197:25 1228:2
1271:1,3 1291:17
1360:24 1376:13 1377:6
efforts 1067:10 1106:21
1107:15 1121:16
1125:15
EFPH 1284:9 1309:12
1318:13 1321:6 1329:23
1335:2 1338:18 1344:5
1348:25 1354:14 1361:7
EF's 1227:18
eggs 1218:4
egg-layers 1155:8
Egidi 1119:5,10,13
1306:12
Egnar 1151:2
EIA 1116:15 1120:10
1195:13,18 1220:20
1225:14 1226:1 1227:19
1228:8,11,12 1230:19
1230:21,24 1231:3
1243:7 1251:2 1286:21
1287:22 1288:5,18
1289:10,17 1373:8
1375:10 1380:23
EIAs 1185:2
eight 1101:12 1155:18
1269:8
EIS 1196:21 1281:13
1282:3 1284:5 1285:23
1286:9,17,21 1287:14
1287:21 1373:10
1379:13
EISs 1197:4 1287:25
either 1056:19 1064:16
1090:20 1107:17

1110:14 1145:18
1167:19 1200:23,24
1202:19 1206:1 1207:8
1217:4 1221:8 1223:21
1226:20,25 1248:25
1278:20 1298:3 1309:4
1353:6 1363:17 1370:7
elbow 1177:8
elders 1165:1
elected 1162:3
electric 1188:14
electrical 1070:4,4
electrician 1153:2
electricians 1180:13
electronically 1214:14
element 1147:22
elementary 1207:24
elephant 1067:3
eliminate 1318:7
eliminated 1254:15,22
1279:2 1282:15 1283:18
1284:1,4
eliminating 1283:12
eloquent 1136:8
else's 1234:22
eludes 1080:24 1082:20
emanate 1136:23
embroiled 1361:17
emergencies 1381:4,15
emergency 1242:7
1380:22,24 1381:2,10
1381:12,19 1382:8
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emission 1372:14
emissions 1068:3,7
1107:6 1194:4,4 1288:7
1303:1 1328:13 1369:5
1372:8,9,10,11,13,18,21
1372:23 1385:14
emitted 1237:11,13,18
1237:23 1238:4,17
emitter 1238:24
emitters 1239:3,8
emitting 1140:4
emphasis 1067:10
emphasize 1156:7
employed 1388:13
employee 1152:25
1228:18 1232:11
employees 1071:11
1088:25 1089:5 1102:18

1155:17 1159:15
1173:23 1177:13
1228:14 1263:3,5
1300:15,20 1371:4
employers 1102:18
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1141:2 1155:14 1207:10
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enabling 1129:8
encounter 1239:13
encountering 1239:23
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encouraged 1229:20
encourages 1088:9
encouraging 1295:14
Endangered 1354:18
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1181:24 1332:21
Enders 1207:6
endocrine 1154:4
ends 1233:10
energies 1201:25
energy 1048:5 1049:4,7
1049:10 1051:9 1056:20
1058:1 1059:1 1060:4,6
1061:10,16 1066:12,24
1067:9 1068:4 1069:11
1069:17 1071:4,5,12
1072:24 1073:12
1074:25 1076:3 1083:12
1083:13,14 1084:15
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1089:6,18 1091:6,10,16
1092:2 1093:1 1094:9
1094:11,18 1095:2,13
1097:3,4,10 1098:4,7,11
1100:15,18,20,21,22
1102:9 1103:2,3,4
1104:9 1113:6 1115:3
1116:15 1118:5,18
1119:14 1122:5,10
1123:24 1124:15
1126:20 1131:9 1136:12
1136:13 1139:12,19
1140:13 1141:21 1142:4
1142:18 1144:2,4,25
1146:8 1154:20 1159:6
1159:17 1160:9 1168:6
1169:2,6,23 1176:15,18

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Denver (303) 296-0017 Boulder (303) 443-0433 Colorado Springs (719) 635-8328 Greeley (970) 356-3306

AGREN BLANDO COURT REPORTING & VIDEO INC

1177:19 1178:6,11
1179:10 1189:9,16
1190:24 1198:1 1200:23
1200:23 1202:2 1203:22
1209:1 1210:24 1223:20
1224:12 1225:13,24
1227:4,24 1228:2,4,8
1232:11,24 1233:25
1235:10,20 1237:18,21
1245:4 1246:1 1247:6
1248:6 1250:4,20
1251:24 1253:11,17
1261:20 1262:16,23
1263:2,17,20 1264:6,17
1269:20 1273:15 1283:3
1288:21 1297:1,13
1299:16 1300:5 1306:18
1306:19 1308:4 1313:7
1313:11,18,23 1314:18
1320:18,23 1321:7,9,11
1322:25 1323:19 1324:6
1324:11 1325:25
1329:21 1344:25 1346:6
1346:12,16,20,24
1347:8,24 1348:13,14
1352:16 1358:15 1362:3
1362:6,6,19 1379:14
Energy's 1132:10
enforce 1158:1 1185:17
enforced 1185:18
1187:14 1197:9
enforcement 1070:13
1125:3 1158:11 1161:21
1167:8 1224:21
enforcers 1166:8
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engage 1058:19
engaged 1353:12
engine 1303:2
engineer 1136:18 1235:2
1271:16 1275:12
1332:13
engineering 1136:21
1266:16 1315:13
1316:12 1335:10
1350:19,20,24 1351:7
1351:22
engineers 1217:24
1343:21 1350:11
engines 1366:23
English-speaking

1186:12
enhance 1088:4
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enjoy 1129:17
enjoys 1151:1
enlightened 1220:6
enrich 1183:21
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1103:13 1116:8
enter 1326:6
entered 1284:17 1355:20
enterprise 1059:9
1097:22 1102:4 1141:1
1141:3 1159:4 1188:6
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entire 1092:20 1184:1
1212:3 1285:24 1305:10
1330:12 1349:7 1380:11
entirely 1066:7 1138:12
1139:25 1157:2 1275:6
entirety 1064:16
entities 1292:2
entitled 1055:10 1136:5
entity 1287:17
entourage 1182:3
entrenched 1069:2
environment 1049:24
1057:7 1059:25 1062:5
1062:25 1063:3 1064:8
1064:17 1070:14 1071:5
1077:16 1079:2 1080:3
1089:23,25 1091:5,15
1095:16 1096:10,11
1100:23 1101:2,10,24
1103:16 1109:16
1113:10 1116:9,25
1117:14 1120:9,21,24
1121:24 1148:20 1154:1
1158:1 1160:4 1161:15
1162:10 1165:23
1166:10,11 1189:15
1198:2 1208:23 1216:13
1220:13 1269:21
1278:13 1291:19 1312:7
1319:13 1349:15 1350:5
1350:8
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1051:10 1063:10
1067:25 1069:6 1080:10
1105:19 1116:3,7,11,18
1117:17 1126:7,11

1129:11 1153:17
1156:14,17,20 1158:23
1160:6 1165:15 1166:13
1166:17 1184:24,25
1185:1 1189:10 1193:15
1197:22 1219:15
1220:19 1225:13,16,20
1225:24 1226:8 1229:12
1229:14 1230:18 1231:6
1235:6 1251:2,9,18,20
1251:24 1252:6,7
1254:14,20 1255:11
1256:1 1259:22,24
1260:12,17,21,24
1261:3,21 1262:3,6,9
1272:11,22,23 1283:19
1284:2 1286:17 1287:9
1289:13,19 1308:17
1312:6,11,12,18
1313:12,16,24 1314:2,4
1314:10,12 1326:12
1335:6,7 1337:13,14
1339:15 1340:12
1342:18 1349:20
1360:18 1365:1 1369:7
1374:1,9,11 1375:2,17
1375:19 1376:3,24
1377:4 1378:21 1379:2
1379:4,6,11,12,16
1380:15 1383:24
environments 1138:1
Environment's 1065:6
envy 1145:2
EPA 1086:17 1098:6,18
1098:21 1166:3,20
1205:11 1288:6,10
1305:25 1309:3 1310:12
1311:19 1353:16
1356:21
episodes 1130:2
equally 1229:8
equate 1135:8 1219:22
equation 1113:20
equestrian 1293:16,18
1294:5,8,17,21
equestrians 1295:13,14
equipment 1070:2,3,4
1142:9,15,25 1200:16
1200:17 1382:12
equivalent 1330:1
ER 1230:21,24 1231:3

1243:7,8,12,14,19
1253:10 1254:25
1289:17 1373:7 1374:1
1374:15 1375:13
1376:10 1380:23
era 1147:14
erect 1072:24
Eric 1204:6
Ernie 1151:23
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erroneous 1228:22
erroneously 1088:9
1228:19
error 1321:24
errors 1228:11 1352:4
escape 1306:24 1307:4
especially 1059:15
1075:11 1087:4 1120:10
1162:18 1172:2 1181:10
1191:23 1203:9 1299:7
1299:18 1366:9 1367:3
1367:15 1375:20
1382:10
Esq 1049:2,3,5,9,12,16,21
essentially 1067:13
1076:23 1139:15
1378:21
establish 1057:11
1058:17 1282:1 1381:11
established 1058:21
1126:24
estate 1110:4,13 1226:10
1226:13 1227:22
1292:15
Estates 1215:2
estimate 1051:25
1074:19 1104:1 1159:21
1262:8 1282:9 1344:25
1345:6,9,21,23 1346:7
1346:12,16,17,21,25
1347:8,10,12,12,19,21
1347:25 1348:19,20
1349:2,8,9,24 1350:12
1350:16,17 1351:3
1365:2 1366:8 1368:21
1369:3,5,8,9 1370:2
1372:9
estimated 1074:18
1225:3 1348:4 1369:19
1370:23
estimates 1348:9 1351:8

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Denver (303) 296-0017 Boulder (303) 443-0433 Colorado Springs (719) 635-8328 Greeley (970) 356-3306

AGREN BLANDO COURT REPORTING & VIDEO INC

1351:8,19
estimating 1224:13
Esty 1123:13,14,15
et 1096:9,12 1099:23
1100:19,19 1136:17
1180:15 1181:13,13
1185:2,2,21 1189:13
1194:6 1198:1 1305:1,1
eternal 1119:22
Ethington 1178:20
1179:3
Europe 1173:12 1294:14
evacuated 1123:6
evaluate 1255:8 1277:5
1385:13
evaluated 1117:10
1255:1 1289:22 1290:3
1314:9 1328:22 1338:3
evaluating 1376:2
evaluation 1342:17
evaporation 1076:2
1080:2 1124:6 1310:13
1345:17 1353:7 1383:9
1383:12
evening 1367:16
event 1122:18 1126:16
1157:9,10 1293:17,25
1294:19 1295:12
events 1122:23 1343:5
eventually 1054:14
1076:21 1298:4 1370:5
1375:10
everybody 1054:5,22
1139:23 1171:4 1180:3
1202:8 1204:8 1205:2
1206:12 1207:14,16
1234:22 1384:2
everybody's 1053:21
1100:24 1102:2,3
1260:25
everyone's 1073:24
1344:22
evidence 1053:12
1078:19 1113:24
1170:20 1220:3 1228:9
1231:16 1241:22
1269:14
evident 1161:24
evolving 1098:14,15
ex 1286:22
exacerbate 1087:17

exacerbated 1230:17
exact 1202:23 1237:1
1313:25 1355:23 1365:4
exactly 1083:8 1167:18
1179:2 1190:12 1221:14
1236:5,8 1368:23
examination 1184:3
examine 1068:23 1113:6
1322:9
examined 1125:10
1232:5 1291:16
example 1078:1 1196:24
1199:11,14 1238:7
1254:21 1266:20 1288:6
1299:9 1365:12 1375:25
examples 1116:17
1187:15 1192:7 1228:21
1335:16
excavated 1274:3
excavation 1128:7
exceed 1122:20 1320:10
exceedances 1265:15,19
1265:21 1270:7
excellence 1140:14
excellent 1191:1
exceptional 1138:23
excerpt 1051:10 1272:23
excessive 1079:22
exchange 1126:3 1155:19
1363:3
exchanges 1051:11
1200:25 1201:14
Excuse 1256:13 1310:24
1365:18 1374:22 1380:6
executive 1151:20,21
exempt 1068:2,7 1115:18
exempted 1099:11,13
exemption 1286:16,22
exercise 1054:13
exercises 1381:20,25
exhaust 1153:5
exhibit 1051:8,9,10,11,13
1051:15,17,19,21,22,24
1052:3,5 1247:2,4
1267:6,11,12 1272:8,12
1284:8,11,18 1309:12
1309:20 1318:14,16
1326:7,10 1329:24
1333:16 1334:22 1335:4
1338:20 1349:1 1354:15
1361:8

exhibits 1051:7 1052:2


1295:13
exist 1108:3 1134:2
1141:19 1153:18
1178:23 1278:9
existed 1141:15 1251:21
existence 1158:21 1159:8
1315:23
existing 1072:22 1076:12
1078:12 1136:15 1158:1
1158:5
exists 1085:15 1179:20
expand 1258:21 1280:1
1313:15 1322:2 1325:14
1326:21,24 1337:21
expanded 1259:3,9
expansion 1304:6,24
1326:17 1335:12
expect 1149:21 1178:5
1211:23 1368:16
1384:10,14
expectation 1122:13
expected 1102:25
1121:17 1169:24
expense 1169:1 1383:4
expenses 1169:3
expensive 1126:7
1188:13,14 1287:21
1347:14 1349:16
experience 1105:6
1111:13 1130:2 1144:11
1161:3 1181:19 1184:8
1190:7 1195:23 1209:19
1216:16,24 1224:8
1228:13 1244:23 1245:1
1256:19 1262:17,20,24
1263:2 1264:3,4,6
1266:15,18,22 1281:3
1349:20 1351:14,18
1358:6 1360:18
experienced 1124:12
1128:22 1217:24
1299:17 1366:17
1385:10
experiences 1217:8
1220:23
experimenting 1107:21
expert 1143:7,24 1221:7
1314:3 1332:18,19
1337:12
expertise 1074:1 1122:2

1138:7 1281:24 1306:18


experts 1084:14 1095:19
1100:8,9 1139:19
1145:3 1216:21 1306:19
expires 1079:19 1388:18
explain 1209:20 1286:14
1359:11
explained 1111:21
1114:20 1239:14,17
1359:9
explaining 1171:5
1240:2
explanation 1256:14
1314:1
exploding 1298:10,11
exploring 1259:12
exposed 1058:6 1164:21
1179:25 1203:1,9,10
1204:4 1215:4 1217:18
1241:20
exposure 1096:22,24
1112:25 1113:16,23
1121:3 1143:23 1165:9
1217:20 1240:3,6,10
1302:19,21
exposures 1108:17
1240:23
express 1064:24 1169:13
1210:1 1327:25 1378:13
expressed 1065:13
1127:12 1129:3 1137:12
1169:14 1227:3 1362:22
expresses 1329:25
extend 1088:5 1130:19
extensive 1079:25
1155:16 1224:8 1349:20
1351:14
extent 1220:17 1235:1,5
1311:12 1326:19
1358:14 1364:24
external 1138:8
extinguishers 1382:12
extracted 1147:25
1214:19 1221:20
extraction 1079:8
1151:16 1201:23
extraordinarily 1068:15
1252:17
extreme 1079:25
extremely 1085:24
1154:16

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

eye 1115:1 1301:8


E-mail 1051:11,15,16,19
1052:5 1130:8,14
1178:4 1180:22 1225:15
1305:2 1306:8 1318:17
1318:23 1329:11,14
1330:13 1331:19,24
1332:2 1361:6 1363:3
1376:7 1385:19
E-mailed 1130:8
E-mails 1051:20 1052:6
F
fabric 1066:5
fabulous 1132:21
face 1100:14 1144:8
1272:14 1303:10
1371:11 1384:11
facilitate 1310:7 1317:2
facilities 1078:11 1103:1
1103:10 1227:24 1273:1
1374:21
facility 1065:1 1066:8
1068:18 1069:12,13
1087:1,15 1118:8
1248:17 1253:17,19
1264:15 1266:24 1273:2
1273:2,7 1274:7,7,9,15
1275:4,12 1281:7
1282:7 1345:10 1349:7
1349:21 1365:17,17
1372:17 1374:23
1381:20,22 1382:5
1384:7
facility's 1273:10
fact 1065:24 1066:13
1076:4 1096:22 1133:25
1146:14 1149:13,21
1151:11 1161:8,18,21
1161:24 1162:5,7,13
1163:22 1165:22
1168:11 1169:10 1170:3
1211:20 1219:14
1230:18 1250:10
1259:11 1266:21,25
1268:4 1286:10 1287:24
1294:25 1295:20 1301:5
1325:1 1331:23 1336:1
1338:21 1384:14
factor 1370:16
factories 1180:6

factors 1094:17
facts 1121:23,25
FAEGRE 1049:2
fail 1090:4
failed 1062:10 1080:8
1107:23 1122:3 1195:17
1199:8 1228:15,24
failing 1148:15
fails 1062:5
failure 1057:12,15,21
1059:6 1067:18
failures 1057:13 1274:13
1274:17 1346:18
fair 1143:19
fairly 1053:13 1076:18
1149:9 1150:24 1202:11
1263:14 1359:18
1385:22
fall 1124:12 1144:7
1147:5 1212:20 1221:17
falls 1200:5,6
false 1229:12 1261:20
fame 1182:1
familiar 1272:20 1274:23
1308:23 1320:13 1322:7
1339:1 1340:20 1363:10
families 1147:3 1148:8
1149:18 1201:11
1210:17 1212:3
family 1110:2 1127:23
1127:25 1133:19 1162:1
1163:4 1205:6 1211:14
1212:12 1220:2
family's 1133:16
fancy 1291:2
far 1060:22 1091:11
1093:17 1096:21
1097:12,15,15 1102:9
1114:17 1129:11
1130:19,24 1148:5
1156:24 1159:18
1207:18 1222:16 1225:8
1226:14 1233:6 1236:6
1237:3 1241:3,13
1242:16 1249:22 1254:2
1263:25 1277:13
1278:17 1292:10 1300:2
1301:20 1318:5 1326:2
1326:22 1329:8 1330:14
1331:9 1334:19 1342:22
1344:6 1353:9 1361:4

1364:8 1365:16 1366:19


1367:6 1369:23 1375:11
1375:23 1378:3 1379:2
1380:20 1382:3
farm 1154:23 1155:10,15
1155:19 1156:8,16
1158:16 1160:2 1163:25
1164:1 1211:7
farmers 1154:22 1155:5
1155:17 1156:3 1215:20
farming 1133:18 1138:3
1163:18,22,22 1211:12
1211:16 1226:20,20
farmland 1073:5 1300:1
farms 1072:24 1079:5
1100:19,19 1211:14
farther 1082:15
far-reaching 1131:1
fast 1215:17 1324:14,15
faster 1082:7,7
fatal 1290:2,2
father 1128:3,22
father's 1127:24
fault 1072:11 1222:18
1275:22
faultily 1077:5
faulty 1076:12
favor 1136:1 1163:13
1310:8
favorable 1089:6
fear 1144:9 1183:19
1213:8 1215:8
fears 1136:15
feasibility 1218:11
1343:13
feasible 1219:4
fed 1153:10
federal 1068:2,7 1077:24
1086:17 1099:12,13
1103:12 1115:8,17,19
1116:5 1165:22 1168:13
1189:24 1197:15 1273:3
1273:11 1280:18,20
1281:4,11,13,21 1282:7
1282:10 1286:18,20
1287:2,6,21 1288:18
1340:8 1352:12 1353:18
1353:23 1355:16
1356:23 1357:11,15
1358:5 1360:22 1385:12
federally 1280:24

feed 1079:22 1193:2,3


1248:8,24 1249:16
1293:23 1305:6 1352:11
feeder 1191:20
feeding 1264:24
feedstock 1086:25
1118:4
feedstocks 1087:4
feel 1064:5,10,25 1065:7
1065:9,12 1068:10,14
1097:13,20 1105:2
1117:11 1131:8 1139:15
1140:9,16 1162:25
1163:8,14 1179:1
1212:7 1213:7 1217:3
1224:20 1225:21
1280:21 1291:8,10,12
1378:5,14,16 1382:2
feeling 1058:15 1066:3
1180:3 1297:22
feelings 1098:24
feet 1137:23 1142:7,9,12
1192:3,4,14 1366:12
Felice 1215:1
felt 1065:4 1098:11
1195:14 1273:22 1275:7
1275:13 1279:24 1282:3
female 1143:14 1202:8
1202:10,21
fence 1193:18 1240:9
fertile 1214:23 1215:15
fertility 1061:5
festivals 1294:20
fetch 1130:4,5
fewer 1063:7
fickle 1207:1
field 1095:19 1187:6,19
fifth 1147:3,17 1150:14
fight 1136:18 1211:6
fighting 1211:6
figure 1073:8 1101:24
1144:4,7,22,22,24
1145:2,4 1150:10
1174:14 1175:12
1192:10 1231:15
1331:11 1337:2
figures 1218:24
figuring 1145:1
Filas 1051:4,4,5,12,16,19
1051:21,23 1052:5
1176:17,23 1231:22

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Denver (303) 296-0017 Boulder (303) 443-0433 Colorado Springs (719) 635-8328 Greeley (970) 356-3306

AGREN BLANDO COURT REPORTING & VIDEO INC

1232:3,8 1242:24
1243:5 1266:22 1267:16
1269:11 1272:15
1290:15 1300:9 1305:18
1306:22 1307:11 1308:3
1309:14 1322:6 1327:22
1332:1 1335:7 1339:8
file 1054:1 1267:14
1321:5 1326:23
filed 1168:19
files 1321:4 1350:22
filibuster 1135:25
filing 1335:9
fill 1128:2 1270:18
1302:17 1303:16
1373:19
filling 1195:17 1352:6
film 1177:11 1296:25
1297:1
filter 1330:1 1331:8,8
final 1063:15 1068:11
1071:21 1083:18
1088:22 1091:17
1233:11 1306:14
1311:14 1316:14,23
1317:4 1351:21
finalizes 1231:1
finally 1071:2 1082:20
1125:22 1153:8 1178:4
1386:12
finance 1325:22
financial 1056:20
1057:20 1062:3 1104:5
1105:20 1107:11
1114:18,23 1236:8
1274:12,16
Financially 1126:4
find 1092:2 1100:11
1167:19 1178:22
1179:24 1180:24
1206:19 1216:3 1221:13
1242:20 1302:12 1381:1
1386:11
finding 1145:5 1146:8
findings 1091:4
fine 1055:25 1061:2
1127:6 1146:11 1150:6
1256:2 1275:8 1364:17
fines 1069:23
fingers 1120:14
fining 1154:12

finish 1109:6
finished 1090:22
fire 1179:13 1346:7,13
1382:6,12,13,16
fired 1205:15
firm 1365:25
firms 1108:10
first 1049:22 1054:6
1060:4 1062:3 1073:18
1074:8 1095:23 1114:15
1115:7 1120:22 1125:1
1128:13 1130:15
1137:18 1141:24 1163:5
1169:9 1173:11 1176:16
1177:19 1178:12,18
1186:21 1188:3 1210:19
1211:21 1221:13
1225:11 1229:8,24
1235:22 1267:18
1269:16 1272:17
1290:11 1296:23 1380:1
1380:2,4,5 1382:22
fish 1052:3 1302:8
1354:9,19 1356:11,22
1358:5
fishing 1226:23 1302:10
fit 1169:22
five 1082:14 1125:19
1134:18 1190:25 1191:4
1191:7 1217:1 1218:17
1218:20 1282:9,12
1343:8 1347:16 1369:14
1380:17,19 1386:9
five-year 1345:16,19
1347:6
fix 1177:3 1319:6
fixed 1105:12 1176:24
flagged 1285:14
flagship 1300:6,8
flammability 1382:11
flash 1140:19,24
flat 1144:7
flatly 1297:8
Flats 1112:24
flaw 1067:7 1290:2,2
flawed 1058:24 1060:5
1068:10 1069:1
flaws 1066:20 1216:14
fleshed 1381:24
flew 1181:25 1186:5
flight 1179:14 1186:8

floating 1165:25
flood 1216:25
flooded 1192:20 1270:21
flooding 1122:25
floodplain 1273:10
Floor 1049:22
Florida 1181:9
flow 1076:21 1372:20
flowing 1355:1
flu 1061:3
fluctuate 1114:2
fluids 1330:2
flume 1277:2,8
fly 1302:8
flying 1139:21 1179:12
1182:2,11
focus 1066:16 1067:14
1247:6 1330:17
focused 1198:15
folks 1056:10 1093:24
1101:2,8 1108:7,11,13
1108:20 1109:20
1134:19 1135:6 1136:3
1151:9 1172:20 1198:7
1216:2 1239:14 1240:19
1276:6 1315:14 1327:20
1351:7 1381:8
follow 1088:21 1129:6
1232:9 1372:19 1375:19
1378:11,19
followed 1158:14
1376:25 1377:24 1378:2
following 1094:14
1107:10 1115:20
follows 1062:21 1232:5
food 1150:12 1155:19,21
1155:24 1156:2,6
1157:9 1160:7 1162:10
1164:2,4 1174:23
1185:10 1208:12
foot 1157:21
footprint 1082:2 1150:17
Force 1181:25 1204:15
forced 1150:21 1379:18
forcefully 1060:18
forces 1152:3
Ford 1302:25
foregoing 1388:10
foreign 1061:8
foreigner 1131:9
foremost 1095:15

foreseeable 1324:23
1325:1 1342:5
forest 1205:23
forests 1205:13
forever 1075:22 1076:24
1077:3 1123:7 1148:24
1175:18 1183:25
1205:10 1216:1 1227:10
1300:2 1344:14
forget 1187:3 1205:3
form 1140:4 1192:24
1201:17 1388:10
formaldehyde 1060:21
format 1054:4,10
1055:24 1375:9 1378:11
formation 1239:25
formatted 1374:18
1378:23,24
former 1106:14 1107:19
1108:4 1152:25 1217:23
1263:3 1300:15
forms 1140:2 1192:24
1226:24
formula 1064:11 1114:20
1114:21
formulas 1064:5
formulation 1375:13
forth 1116:14 1134:22
1352:2 1373:22 1388:9
Fortunately 1207:24
forward 1056:10 1073:15
1092:12 1095:21 1103:6
1108:8 1184:20 1223:11
1224:1 1269:9 1282:3
1292:24,24 1319:16
1325:22 1326:3 1342:19
1362:17,20 1374:19
1377:12
fossil 1134:1
fought 1094:23 1216:7
1229:18
found 1105:16 1109:7
1134:19 1135:19 1156:9
1157:1 1158:22 1161:1
1162:9 1163:20 1164:12
1179:6 1181:9 1185:24
1185:24 1197:4 1215:15
1223:15 1228:24 1294:1
1369:11
foundation 1128:2
1160:13 1350:4

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Denver (303) 296-0017 Boulder (303) 443-0433 Colorado Springs (719) 635-8328 Greeley (970) 356-3306

AGREN BLANDO COURT REPORTING & VIDEO INC

four 1082:25 1086:8


1092:3 1094:16 1124:14
1125:19 1131:8 1132:2
1150:22 1153:7 1170:23
1174:9,9 1253:1
1293:17 1342:6 1358:2
1387:6
fourth 1147:3,16 1150:14
1340:5 1341:19
fracking 1060:11
fraction 1071:13 1075:5
framed 1226:17
Frank 1051:4,12,16,19,21
1051:23 1052:5 1176:17
1176:23 1231:22 1232:3
1309:14 1335:6 1339:8
frankly 1195:10
fraught 1069:2
free 1102:4 1150:7
1179:24
Freedom 1306:8
frequently 1069:21
1115:2,6 1302:4
1324:12
fresh 1155:13 1330:2
freshly 1154:25
Friday 1126:4 1184:1
friend 1300:21
friends 1055:21 1066:1
1089:5 1217:18 1302:13
frightened 1165:6,8
front 1055:14 1134:24
1136:11,19 1173:22
1185:19 1296:24 1297:7
1326:15 1327:3,11
1328:25
fruit 1067:13
Fruita 1293:24
fruition 1235:3,8
frustrated 1065:5
frustration 1187:8
1196:6,7
fuel 1100:22 1301:10
1305:5
fuels 1048:5 1049:4,7
1051:9 1056:20 1058:1
1059:1 1060:4,6
1061:17 1066:12,24
1067:9 1069:11,17
1071:4,5,12 1073:12
1074:25 1076:3 1083:12

1083:13,14 1084:15
1086:10 1087:3 1088:3
1089:6,18 1091:6,10,16
1094:18 1095:2,13
1097:3,4,11 1098:4,11
1100:15 1102:9 1103:5
1104:9 1113:6 1115:3
1116:15 1118:5,19
1119:14 1122:5,11
1123:24 1124:15
1126:21 1136:12,13
1139:12,19 1140:13
1141:21 1142:4,19
1144:25 1154:20
1159:17 1160:9 1168:6
1169:2,6,23 1176:15,18
1177:19 1178:6,11
1179:10 1189:9,16
1190:24 1198:1 1200:23
1203:22 1210:24
1224:12 1225:13,24
1227:4,24 1228:3,4,8
1229:6 1232:12,24
1234:1 1235:10,20
1237:19,22 1245:4
1246:1 1247:6 1248:6
1248:16 1250:4,21
1251:24 1253:11,17
1261:21 1262:16,23
1263:2,17,20 1264:6,17
1269:20 1283:3 1288:21
1297:1,13 1299:16
1300:5 1306:18,19
1308:4 1313:7,12,19,23
1314:18 1320:18,23
1321:7,9,11 1322:25
1323:20 1324:6,11
1325:25 1329:22
1344:25 1346:6,12,16
1346:20,24 1347:8,24
1348:13,14 1358:15
1362:3,6,7,19 1379:14
fugitive 1140:6 1142:2
Fukushima 1123:1
1188:17 1298:8
fulfill 1376:20
full 1118:22 1180:22
1220:16 1306:24
1345:14,24 1347:4,13
1349:17 1382:4
fully 1065:18 1090:1

1220:18 1277:9 1338:3


full-blown 1230:3
full-time 1061:23
1089:14 1155:17
functioning 1070:2
fundamental 1241:13
fundamentally 1309:3
funded 1229:11,16
1273:11
funding 1273:3 1361:15
furniture 1137:17
further 1090:3 1094:1
1103:18 1126:19
1176:12 1254:11 1290:3
1295:9 1356:6 1363:19
1363:23 1388:7,12
Furthermore 1078:8
future 1071:10 1073:2
1084:17 1088:2 1094:22
1095:7 1102:6,9
1106:25 1135:11 1141:7
1155:17 1179:18 1191:9
1191:24 1197:18
1208:18,24 1217:10
1221:1 1226:14 1227:8
1292:1 1294:23 1303:10
1322:2 1324:18 1325:21
1334:21 1335:12
1339:12,19 1361:19
1370:3
futures 1221:4
G
G 1053:1
gain 1132:18
gained 1100:4 1132:21
1133:13
gains 1158:14
gallon 1218:14,14
gallons 1074:12,13,19
1075:8 1079:23 1177:4
1190:22 1225:3 1298:15
1383:10
game 1230:14 1344:17
gamma 1199:6
Gamma-Scout 1302:3
garden 1059:22
garner 1142:13
Gary 1233:20,22 1234:2
gas 1060:9 1151:19
1187:7 1196:9 1197:1,6

1200:10 1218:13,16
Gateway 1111:20,20,22
1212:25
gathered 1098:16
GCL 1353:4
general 1049:21,22
1206:6 1246:21 1249:21
1251:3,4 1374:9,14
1376:25 1381:15
generalist 1244:5
generally 1274:9 1281:7
1338:2 1356:3 1377:23
1380:18
generate 1142:7
generated 1104:13
1118:9 1305:22,23
1366:8
generation 1147:3,16,17
1208:9
generational 1147:1
1149:19 1183:24
generations 1137:18
1141:11 1208:19,24
1215:20 1221:1
genetic 1175:24 1176:3,4
1176:7,10
gentleman 1135:20
1141:5 1173:21 1181:17
1291:15
gentleman's 1137:3
gentlemen 1096:6
1102:12 1141:9
geological 1222:18
geologist 1114:20
1128:14,17
geologists 1128:12
George 1233:16,18
1257:4 1263:16 1279:21
1297:2,6
George's 1280:9
Germany 1294:13
getting 1098:9 1133:11
1191:18 1211:17 1232:9
1265:17 1275:21 1296:4
1303:25 1334:17 1345:4
1353:19 1358:3,3
1359:20 1377:14
ghost 1133:2 1213:1
GI 1154:4
giant 1180:1
gift 1174:21

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Denver (303) 296-0017 Boulder (303) 443-0433 Colorado Springs (719) 635-8328 Greeley (970) 356-3306

AGREN BLANDO COURT REPORTING & VIDEO INC

give 1058:14 1169:12


1173:10 1190:5 1191:8
1191:9 1198:24 1208:19
1231:9 1256:14 1259:5
1274:14 1329:22 1365:3
1368:21 1373:18
given 1053:23 1056:23
1057:2 1087:23 1096:22
1097:4 1116:1 1119:25
1120:3 1161:8 1162:2
1201:19 1323:15 1351:3
1364:8 1377:11
gives 1145:20 1170:25
1204:23
giving 1090:21 1100:7
1173:9 1291:24,25
1292:1
glaring 1377:20
Glasier 1233:16 1257:4
1263:16,19 1279:21
1297:3,7
global 1094:9
Glynn 1296:15,18,18
1297:18 1300:12
go 1053:2 1054:23
1056:12,25 1070:7
1071:25 1072:5,15
1074:23 1082:15
1083:24 1084:17 1090:5
1095:21 1099:15
1100:17 1101:20,21
1109:11 1124:25
1127:18 1145:18
1167:25 1171:3,17
1182:7 1184:7 1185:15
1186:4 1188:23 1191:20
1195:15 1197:21 1200:4
1202:20,21,21 1207:2
1207:12 1208:6 1209:15
1209:19 1211:1 1212:18
1214:12 1221:16
1222:17 1224:10
1229:15 1243:4,12
1251:13 1260:23 1261:3
1272:15 1282:10
1284:23 1291:4 1293:20
1296:16 1298:3,4
1299:17 1301:9,10
1302:7 1309:4 1310:10
1311:10,13 1312:17
1315:15 1317:22 1323:3

1324:8 1326:6 1329:17


1332:8 1333:18 1357:6
1362:17,20 1365:17
1372:19 1374:18
1376:23 1377:12 1378:8
1379:14,20,21 1383:7
1386:14,15
Goad 1049:21 1324:3
1387:7,8
goal 1241:1
goals 1240:24
goats 1155:8
God 1207:19 1212:1
1303:9
goes 1063:20 1072:7,12
1096:8 1098:16 1114:17
1168:21 1187:10
1192:13,16 1248:15
1321:22 1341:4
gofer 1106:10
going 1053:6,9,11
1055:11,12,21 1056:12
1066:10,12 1068:13,24
1077:10 1081:2 1082:9
1082:10,15 1093:19,20
1094:5 1097:2,20
1098:1,22 1100:1,2,25
1101:1,9,19,21,22
1102:8,10,22 1110:8
1120:14 1132:19 1135:7
1135:8,16,17,25
1144:23 1146:5 1152:4
1152:13 1161:13,14,14
1163:6,23,25 1164:3,9
1171:12 1177:11 1183:1
1183:3,11,16,19,24
1184:11,12 1185:13
1186:9,25 1187:15
1188:11,23 1189:18
1190:21 1191:3,12
1195:9 1197:14,18
1200:13,14,21 1201:15
1202:15 1204:11
1209:20 1210:20 1213:6
1215:25 1218:19 1219:8
1219:18 1220:18
1221:15 1222:13,19
1223:2,3,4,5,12,13
1225:12 1231:16,25
1235:21,23 1236:6,12
1237:22 1247:6 1249:4

1249:17 1251:13 1261:5


1261:7,20 1266:13,15
1266:19 1288:9 1289:1
1289:7 1290:13 1292:5
1292:6,7,8,11,12,13,14
1292:17,19 1293:8,9
1294:7 1295:6 1297:9
1297:11 1301:1,24
1302:10,12 1303:8
1315:7,9,15,21,22,23
1316:3,6 1319:16
1325:12 1326:3,8
1335:25 1344:7 1353:6
1360:24 1362:17,20
1363:5 1364:13 1365:23
1367:13 1368:25 1371:5
1371:11,18 1381:19
1384:12 1386:10
goings-on 1135:13
goings-ons 1135:12
gold 1081:13 1194:19
1214:17
Golder 1074:11,17
1075:1
good 1056:18 1059:13
1060:3 1061:22 1064:22
1073:22 1080:19
1090:24 1102:12
1104:10 1123:14
1126:14 1129:18
1134:15,15 1135:18,23
1139:4 1144:9 1146:22
1148:19 1149:4 1150:8
1163:22 1168:10
1175:10 1186:8 1187:18
1187:19 1189:17
1195:14 1196:4 1197:16
1207:14 1219:24 1232:8
1275:19 1289:2 1290:4
1292:6,8 1308:3
1330:24 1332:12 1344:9
1375:10 1382:22
goods 1150:1 1219:6
Google 1180:23
gotta 1221:15
gotten 1069:5 1097:12
1183:13 1184:13
government 1061:12,14
1105:9 1115:8 1121:13
1154:11 1159:14
1165:22 1187:17

1197:15 1216:5 1273:11


1275:5 1297:10 1378:2
1379:9
government's 1105:13
grab 1329:13
grade 1067:11 1084:20
1092:20 1140:10 1246:9
1247:16,18,20,21
graduated 1105:23
1148:9,10
graduating 1207:9
grained 1256:2
Grand 1093:3 1094:20
1102:15 1103:22 1105:8
1105:22,24 1106:6
1107:6 1108:5,9
1109:23 1110:1,9,22
1112:3,6 1119:12
1127:7,21 1134:20
1136:9 1147:14 1148:14
1159:20 1201:19
1204:14,17 1293:24
1295:5
grandchildren 1134:9
1148:6,19 1151:12
1208:11
grandfather 1147:7,9
grandkids 1073:7
grandma 1180:4
grandmother 1202:7
granola 1155:14
granted 1057:5 1059:1
1193:22 1300:22
granting 1058:12
1061:24
Grants 1214:21
grass-fed 1155:7
grateful 1065:7
graupel 1130:16
gravely 1079:2
graze 1155:7
great 1067:7 1091:13,14
1104:5 1113:5 1114:23
1135:7 1136:6 1140:25
1141:3 1147:7 1211:12
1219:7 1305:20 1368:7
greater 1065:13 1091:23
1130:20
greatest 1365:23
greatly 1076:19 1210:6
1226:5

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Denver (303) 296-0017 Boulder (303) 443-0433 Colorado Springs (719) 635-8328 Greeley (970) 356-3306

AGREN BLANDO COURT REPORTING & VIDEO INC

greed 1205:21
green 1150:10 1151:4
1224:2
grew 1065:23 1105:7
1207:22
grinding 1141:7
gross 1107:24
grossly 1162:10
Grossman 1050:2 1051:5
1054:17 1256:13 1364:3
1364:6 1373:5 1383:22
1383:23 1387:3
Grossman's 1307:15
ground 1101:16,18
1134:11,13 1139:1
1142:7 1147:24 1158:7
1159:11 1181:22
1185:23 1187:10,21
1193:12 1277:23 1301:3
1303:5 1366:12,14
grounds 1143:19
groundwater 1057:3,8
1057:16 1059:4 1076:1
1076:20 1091:9,22
1132:9 1135:23 1159:23
1225:4,6 1277:2,8,19
1340:2,6 1341:9,11,12
1341:14,15,17,21
1343:5 1346:22 1355:5
group 1048:1 1055:7
1151:16 1227:20
1228:10 1229:18
1350:19,20 1351:23
1369:4
groups 1065:17 1213:7
1220:20 1381:11 1386:1
grow 1152:13 1155:5
1156:6,9 1157:9 1160:7
growing 1085:14
1101:22 1105:22
1108:12 1127:21 1138:4
1155:24
grown 1154:25 1155:1
1156:2 1164:5
growth 1088:20 1138:14
1227:8
guarantee 1058:13
1095:10 1218:8 1236:1
guaranties 1178:16
guess 1101:21 1102:10
1136:5 1168:1 1189:10

1190:18 1193:21
1194:17 1196:16 1211:3
1241:12,23 1244:10
1255:1 1259:7 1269:6
1271:23 1284:12,21
1304:8 1316:4 1327:1
1333:7,18 1340:5
1344:23 1347:17
1363:17 1368:6 1376:6
guest 1219:21
guidance 1373:15 1374:1
1374:4,8,9,11,12,14,20
1376:25 1377:24 1378:1
1378:18,19
guide 1129:14,23
1181:12
guided 1207:17 1234:24
guidelines 1324:22
1378:3,7
gullies 1193:2,2
guy 1182:13 1291:2
1359:12
guys 1101:18,25 1153:10
1153:13,13 1154:12,16
1182:13 1186:11 1192:9
1196:3 1203:7,9 1365:6
1365:7 1377:7 1386:13
guy's 1187:9
Gyp 1153:1
G-l-y-n-n 1296:18
H
H 1049:5
habitat 1150:13
haired 1204:25
half 1062:6 1214:18
1226:1 1228:21 1229:7
1258:14 1280:11
1307:17
halfway 1222:21
half-century 1079:1
half-life 1141:12 1157:6
Hall 1139:18
halt 1246:2,5
hand 1056:5 1127:9
1139:24 1158:9 1297:16
handed 1180:22 1378:7
handle 1193:24 1238:20
1241:25 1357:1
handled 1355:25
handling 1113:22

1235:19
handout 1159:14
hands 1158:8 1182:12
1300:7
handwriting 1073:21
Hanford 1121:15 1202:5
1202:11
hanging 1067:13
1302:12
happen 1082:25 1122:23
1152:14 1165:24 1178:1
1185:3,7 1188:20
1200:15,21 1202:15
1212:6 1215:9 1224:13
1224:14 1295:22
1297:11 1329:7
happened 1067:23
1096:7 1099:8 1123:2
1135:10 1144:13 1154:6
1297:21 1298:8
happening 1099:2,9
1150:17 1186:7 1203:13
1300:16 1360:22
happens 1068:20
1180:16 1182:17 1193:1
1203:2 1223:2 1299:18
1326:5 1386:8
happy 1137:13 1152:8
1171:4 1180:3 1181:1
hard 1114:21 1129:6
1133:2,4 1135:14
1188:12 1203:17 1206:1
1206:16,17,21 1211:7
1222:7 1223:10 1226:2
1286:23 1292:23,24
1320:9 1357:19,22,24
1381:1
hardener 1146:6
harder 1222:11
harm 1061:19 1091:7
1104:25 1185:3 1208:23
harmed 1061:19 1091:9
1175:7
harming 1091:14,15
harmless 1174:15
Harrison 1301:14,14,15
1301:16,16 1303:17
Harvey 1051:15
hat 1081:20 1144:25
haul 1292:19 1370:21
haulage 1369:17

hauled 1353:1
Hawse 1129:5,6
hay 1155:11 1213:5
1294:2,2 1295:11
hazard 1237:11,15,19,24
1238:1,5,10,12,13,15,16
1238:18,24 1239:11
1241:24
hazardous 1071:17
1077:21 1078:1,20,22
1079:15 1210:4 1219:19
1220:4 1240:18 1242:4
hazards 1239:1,23
1241:5,8,10,10,11,14,16
1242:19,21
hazmat 1200:8,9,10,15
head 1144:8 1179:10
1214:10,11 1350:23
heading 1257:21
heads 1119:18 1142:21
1168:1 1303:8
Headwaters 1201:19
Head-Dylla 1213:21,23
1213:24 1214:2,9,10,13
1214:16
healing 1294:15
health 1049:24 1057:6,25
1058:8,13,18,22 1059:8
1059:25 1060:1,6
1062:5 1064:5,7,8,18
1065:6,10 1069:19,25
1070:14 1071:10
1073:10 1077:15
1078:15 1079:7,7
1089:23,25 1091:4
1096:3,24 1098:5,20
1113:10 1116:9,25
1117:14,17 1120:8,21
1120:24,24 1121:1,20
1121:24 1122:4 1123:11
1125:3,11 1126:17
1129:11 1146:22 1158:1
1161:23 1166:10,11
1176:13 1189:15 1198:2
1215:8 1216:13 1220:19
1224:25 1225:9,14,25
1227:4,19 1228:3,5,5,23
1228:24 1229:23 1231:1
1237:11,15,19,24
1238:5,9,11,13,15,16,18
1238:24 1239:1 1242:2

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Denver (303) 296-0017 Boulder (303) 443-0433 Colorado Springs (719) 635-8328 Greeley (970) 356-3306

AGREN BLANDO COURT REPORTING & VIDEO INC

1242:6,8,9 1244:4
1269:21 1278:13
1300:23 1306:10,16,19
1307:6,8 1319:13
1375:25
healthcare 1060:19
1179:24 1201:13
healthy 1079:1 1156:6,12
1161:6 1204:9 1224:2
hear 1054:20,20 1092:23
1100:14 1101:16 1151:7
1174:12,14 1187:8
1213:2 1255:21 1266:11
1267:3,4 1290:15
1302:23 1303:23
1305:10 1343:4 1352:25
1366:18 1378:12
heard 1162:6,20 1163:24
1170:20,23 1174:16
1176:17 1189:6 1190:8
1207:18 1210:1 1211:2
1221:16 1224:16
1242:23 1256:24
1286:12 1299:15 1300:4
1304:21 1306:22
1368:18 1376:21 1384:2
hearing 1048:3,18
1053:2,3,12 1055:3
1056:2,7,9,25 1059:11
1061:21 1064:20
1070:18 1073:17,20
1077:8 1080:18,22
1083:22 1089:12
1090:14,17,25 1093:6
1094:13 1095:22 1096:4
1102:13 1104:7,18
1114:10 1118:14
1120:12,17 1123:13
1127:1,4 1129:5 1131:4
1134:14 1136:7 1137:1
1137:4,6,9 1139:3
1143:12 1145:8 1152:18
1152:23 1154:18
1160:18 1161:16
1166:15 1168:4,14,18
1168:23,24 1169:1,5,19
1169:25 1170:5,18,22
1171:17 1172:17
1173:21 1174:11
1176:16 1178:13 1181:4
1194:2 1198:6,9 1204:6

1207:20 1208:15 1209:6


1209:13 1213:13,17,22
1213:25 1214:4,8,12
1221:6 1224:4 1229:25
1230:1,3,5,17 1231:10
1231:21,24 1236:20
1237:4 1242:25 1246:24
1247:3 1248:15 1252:8
1252:10 1253:16,20
1256:10 1260:7 1261:5
1261:25 1262:1 1264:21
1266:12 1267:3,11
1269:24 1270:8 1273:18
1281:17 1284:10 1290:6
1290:10,13,19,23
1291:1,6 1293:20
1296:11,13,16 1297:17
1300:10 1301:12,15
1303:14,19 1304:2
1305:3,11,15 1307:9,19
1307:23 1309:16,19
1315:10 1318:15 1322:8
1323:13 1326:8 1327:25
1333:15 1334:9,23
1335:2 1338:24 1343:6
1343:10 1344:10,13,16
1350:3,14,16 1362:15
1363:2,11,21,25 1364:3
1373:4 1383:20 1387:6
1387:9,11,13
hearings 1085:21
1112:24 1135:1 1145:13
1149:21 1150:5 1151:6
1160:22,24 1166:14
1168:17 1169:11,12
1173:2 1177:22 1198:13
1209:22 1232:20
1302:24
hearsay 1100:17 1256:24
heartland 1137:24
heat 1137:17 1150:12
heaven 1175:18
heavy 1382:23
heavyweight 1376:18
height 1345:13
held 1151:6 1177:7
1296:22,23
Hello 1204:8 1207:21
help 1089:9 1101:6
1102:5 1108:8 1116:21
1119:20 1136:15

1146:14 1181:2 1218:9


1319:8 1361:5
helped 1071:11 1175:11
1273:13
helping 1108:10 1234:6
Henry 1302:25
herd 1295:1
hesitate 1132:22 1183:14
hesitation 1196:5
hey 1101:6 1184:21
1379:20
heyday 1134:4
He'll 1344:14
high 1070:1 1075:22
1085:5,7 1087:19
1094:16 1103:25
1105:24,25 1117:16
1125:19 1130:24 1136:4
1142:12 1147:23 1148:9
1153:9,13 1154:12,12
1154:13 1157:10
1200:12 1205:8 1219:18
1238:9 1241:24 1263:14
1294:22 1295:16 1306:6
1363:25 1367:8 1384:8
higher 1063:4 1067:11
1084:19 1087:16,18
1218:17,19 1219:22
1233:8 1238:11 1241:20
1241:22 1247:12,15,15
1247:16,18 1304:11
1351:11
highest 1082:17 1367:7
highlight 1072:1
1102:22 1274:16
highlighted 1349:12
highlights 1274:12
highly 1199:10 1200:7
1241:15 1306:2,3
highways 1085:4,5
1130:12 1304:18
Hill 1150:23 1315:12,18
1316:11 1319:7 1367:5
1372:16
Hillary 1151:20
hills 1146:20 1239:12,13
hinges 1180:15
hippies 1205:11
hire 1155:17 1219:21
hired 1379:17 1380:1
historic 1062:22 1082:2

1159:5 1241:19 1356:15


1356:19 1357:5
historical 1059:3 1132:1
1132:6 1243:23
historically 1148:24
1238:8
history 1057:3 1062:8
1063:1,24 1065:22
1067:22 1076:6 1079:20
1080:4 1097:3 1098:24
1099:2,5,6 1102:8
1110:10 1147:2 1158:3
1202:12 1252:15
hit 1222:11 1223:10
1333:19
hits 1192:14
hoc 1376:16
Hochstein 1245:11,14,16
hogs 1155:8
hold 1084:12 1196:20
1216:6 1221:2 1385:1
holding 1090:25 1173:1
holds 1174:6
home 1094:25 1109:24
1110:5,7,20 1129:13
1134:21 1138:11
1147:12 1163:7 1188:15
1201:11 1208:4 1211:8
1221:4,10 1224:3
1367:13
homeowner 1077:12
homes 1148:3 1150:14
1166:1 1215:23
Homestake/Barrick
1214:17
hometown 1158:18
1204:15
honest 1256:23 1329:19
1332:25 1355:23
1357:18 1359:18 1360:9
honestly 1184:13
honor 1073:22 1080:19
1096:5 1102:11,14
1104:19 1110:15 1131:5
1137:2 1143:11 1173:1
1175:25 1178:14
1203:15 1207:17
1261:23 1266:9 1322:5
1323:8 1324:3 1327:21
1373:2
Honorable 1048:18

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Denver (303) 296-0017 Boulder (303) 443-0433 Colorado Springs (719) 635-8328 Greeley (970) 356-3306

AGREN BLANDO COURT REPORTING & VIDEO INC

1129:7
hook 1223:22
hope 1072:12 1073:4
1074:2 1136:5 1170:12
1204:9 1207:16 1208:20
1209:5 1250:16 1283:2
hopefully 1053:15
1204:11,12 1333:19
1344:15
hopes 1211:22 1363:25
Hopi 1315:2
hoping 1098:1 1111:3
horrendous 1203:10
1204:4
horse 1231:15 1293:16
1294:24 1295:1
horses 1155:9 1294:15
1295:18
hose 1382:9
hoses 1070:2
Hospital 1203:6
hospitals 1381:9
hosting 1139:5
hot 1107:4 1109:8 1128:6
1128:6,8,10,19
Hotchkiss 1122:8
hotel 1150:11
hotter 1148:4
hour 1120:13 1123:3
1307:16,17 1358:15
1367:13 1382:18
hours 1123:4 1173:18
1359:13 1367:16
1371:23 1380:19
1382:19
house 1059:22 1127:23
1128:2,10,11,13,15,16
1128:19,25 1129:1
1137:17 1141:17
1217:16 1229:20
1238:11
housed 1141:19
houses 1165:16
housing 1227:15
how's 1057:22 1377:10
huge 1092:10 1103:20
1180:19 1190:19
1191:12 1192:24
1294:10,19 1295:5
1307:5 1383:8
human 1058:6 1077:15

1078:14 1079:6 1080:10


1089:5 1096:3 1105:18
1113:2 1121:1 1138:25
1158:8 1205:2 1237:11
1237:15,19,24 1238:5,9
1238:18
humanity 1193:16
1205:3 1294:24
humans 1294:15 1299:11
humble 1205:3
hundred 1092:14
1101:20 1158:21 1177:4
1214:19 1299:19
1366:12 1370:19,20
hundreds 1081:25
1082:1,1 1223:1 1301:8
1321:1
hundred-year 1122:23
hunting 1212:19 1226:22
Huntsville 1366:22
hurry 1197:22 1249:12
hurt 1060:7 1111:25
hurts 1211:14
husband 1128:13
1143:16 1148:8 1154:22
1155:15 1211:25
husbands 1128:12
Husch 1070:18,19,19
hydrocarbon 1328:13
1331:11 1385:14
hydrocarbons 1330:18
hydrogeologic 1074:10
hyphen 1214:3
H-e-a-d 1214:3,11
I
idea 1066:4 1082:9
1110:2 1164:11 1182:25
1224:1 1330:10 1334:4
1358:4 1365:3
ideas 1148:22 1330:9,22
1376:8 1385:4
identified 1254:22
1261:18 1262:10
1264:24 1310:16
1337:19 1338:1 1341:14
1341:22,25 1354:17
identify 1344:4
identifying 1224:22
idle 1252:17
ignite 1165:25

ignorance 1213:8
ignore 1226:5
ignored 1153:19 1226:13
ignores 1226:14,18
ignoring 1226:23
II 1182:23 1183:11
1203:7 1273:2
ill 1206:14
illness 1106:11 1108:2
illnesses 1112:22
imaginary 1332:16
imagination 1301:2
imagine 1192:6,9 1222:8
1382:21
imaging 1099:23
1212:17
imbalance 1169:17
immediate 1074:14
1120:20
immediately 1057:13
1161:23 1229:17
1352:19
immensely 1088:12
immune 1223:8
immunization 1060:23
impact 1058:23 1063:11
1069:6,6 1077:15
1097:19,20 1103:15
1104:5 1112:16,16
1116:4,11,19 1117:1
1119:23 1123:18
1137:15 1185:1 1189:10
1217:5 1226:13,19,21
1226:23 1227:13
1251:20 1287:9 1327:16
1340:12 1366:2,3
1367:2,17,23 1368:1
1379:11
impacted 1229:17 1365:5
impacting 1227:8
impacts 1058:1,18
1065:25 1068:8 1108:24
1117:7,18,21 1130:19
1156:18 1158:24 1226:2
1226:6,9,14 1227:2,12
1227:23 1228:9 1250:25
1289:11,18,23 1313:20
1326:13 1336:21
1338:17 1364:25
1365:22,22 1376:2
impairments 1060:25

impartial 1169:12
impeach 1267:8,9
impermeable 1192:14
impetus 1187:23
implication 1161:10
1362:1
implications 1161:11
import 1118:10
importance 1089:20
important 1068:16
1073:16 1087:25
1103:21 1104:8,11
1110:17 1114:6,7,13
1200:1 1204:24 1215:12
1219:25 1240:15,19
1242:3 1276:18 1297:6
1303:22 1328:23
1333:20 1361:11
imported 1118:1 1374:12
impose 1064:16
imposed 1087:7 1098:5
1126:17 1141:23
impossibility 1280:9
impossible 1114:18
impoundment 1258:9
1349:16
impoundments 1076:2
1227:10
impression 1162:3
1168:12 1228:22
1229:13 1378:4
improperly 1241:25
improve 1148:23
1229:21 1292:11,11
improved 1218:1
1224:18
improvement 1371:15
improvements 1229:12
1313:11
improves 1086:14
1088:24
improving 1322:4
inability 1176:9
inadequacies 1107:25
inadequacy 1062:1
1168:16
inadequate 1062:2
1063:12,15,17 1078:2
1078:10 1089:11,19
1113:12 1114:14
1122:11 1125:16

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Denver (303) 296-0017 Boulder (303) 443-0433 Colorado Springs (719) 635-8328 Greeley (970) 356-3306

AGREN BLANDO COURT REPORTING & VIDEO INC

1162:11 1168:23
inappropriate 1089:11
1229:9
incentive 1142:25 1143:2
1281:20 1282:6
incident 1298:17 1299:8
Incline 1153:2
include 1060:24 1093:16
1118:8 1126:19 1171:2
1246:6 1263:5,7 1270:2
1305:2 1345:14,18
included 1060:5 1069:24
1125:11 1228:6 1265:16
1270:11 1278:5 1320:19
1342:11,16 1346:13
1351:25 1374:14
includes 1130:5 1255:4
1264:3,11 1345:17
including 1062:8
1069:25 1073:13
1074:13 1086:17
1103:16,23,25 1108:3
1166:3 1274:2
inclusion 1120:11
income 1108:23
incomplete 1113:21
1114:17 1116:23 1253:6
incompleteness 1127:15
incongruent 1117:11
inconsistently 1229:22
incorporate 1386:4
incorporated 1083:14
1375:6
incorporating 1231:4
incorrect 1319:8 1324:20
increase 1063:18 1087:14
1216:16 1299:10 1320:3
1325:21
increased 1219:1 1238:5
increases 1184:17
1219:20 1384:15
increasing 1109:11
1324:22
increasingly 1138:8
incredibly 1059:9
1184:12
incremental 1239:19
1240:10 1241:3 1287:13
indelible 1119:23
independent 1116:18
index 1218:25

indexed 1125:20
Indian 1164:19
indicate 1261:1
indicated 1097:9
1241:14
indicates 1095:16
indicating 1054:17
1174:24 1321:22
indication 1082:21
1375:12 1377:3
indirect 1103:22 1117:23
indirectly 1149:22
individual 1203:5
1265:15,22 1268:21,23
individually 1117:10
individuals 1165:5
1213:19
induced 1112:22
industrial 1057:25
1085:23 1088:20 1200:9
1248:7
industries 1061:10
1079:11 1111:10,15
1133:19 1138:8 1142:16
1215:5 1281:6 1292:5
industrious 1215:16
industry 1060:9 1063:1
1073:3 1074:2 1082:6
1101:7 1103:20 1105:7
1105:21 1107:25
1108:21 1110:3 1111:14
1111:18 1112:17
1117:18 1121:21
1132:24 1133:14,15,18
1134:1,10 1135:9
1141:24 1142:14 1146:1
1146:2,8,13 1147:15
1151:12 1153:17
1160:14 1161:3,19
1172:10 1175:4,14,22
1196:11 1201:7 1206:18
1218:25 1224:10 1294:5
1294:17,22 1300:20
1301:22,23 1313:5
1364:23
inevitable 1131:24
1171:11
infinity 1192:11
inflation 1125:20
influence 1149:10
influenza 1060:19

info 1174:6
inform 1116:20 1140:14
1141:22 1143:6,8
1326:5
information 1053:20
1065:15 1074:23
1076:11 1097:5 1098:16
1110:17 1112:2 1116:16
1120:7 1124:19 1130:10
1179:16 1190:25 1195:8
1213:10 1221:11
1227:18 1233:23
1261:13 1306:8 1307:7
1307:8 1338:3 1350:9
1352:9 1378:25 1381:12
1386:25
informed 1116:21
1125:8 1140:15,17
1206:14
informing 1325:20
inhale 1201:3 1238:23
inhaled 1113:15 1202:19
1239:6
inherent 1158:6,24
1160:5
inherently 1126:10
initial 1166:14 1256:8
1304:22 1347:16 1372:8
injecting 1158:13
injury 1176:5,13
innocuous 1188:21
innovate 1148:24,25
input 1091:2 1095:25
1379:15,17
inquire 1178:18
inside 1135:16 1240:6
1368:11
insinuating 1210:8
insolvency 1299:16
inspecting 1173:24
inspection 1069:18
1278:17
inspector 1173:22
inspires 1126:5
install 1317:1,9
instance 1061:8 1080:8
1098:17 1099:22
1186:20
instances 1096:23
1224:23
Institute 1111:19

institutional 1229:3
insufficient 1080:5
insulated 1368:14
insurance 1159:8
1200:24,25 1201:16
insure 1159:9
integral 1155:22 1245:14
integrated 1155:12
intelligence 1210:7
intend 1056:4
intended 1087:15 1134:1
intending 1056:6
1169:15
intense 1200:11,18
intensified 1303:6
intent 1273:6 1275:2
1327:10 1370:4
intention 1156:7
intentionally 1122:3
intentions 1187:19
interaction 1113:7
1115:4,16 1245:17
interest 1048:17 1050:3
1071:4 1095:14 1123:9
1123:11
interested 1138:3
1309:23 1310:1 1388:14
interesting 1114:25
1173:4 1177:5 1192:17
1202:1
interim 1271:5 1311:14
1311:16
intermittent 1067:19
intermittently 1062:22
intermountain 1137:24
internal 1113:15 1303:2
1361:23,25 1362:3
internally 1362:19
international 1083:13
1112:21 1190:1 1294:11
Internet 1053:24 1100:12
internship 1155:16
interpret 1186:3
interpreted 1186:19
interrupt 1053:13
1253:16 1290:14 1343:6
interruption 1056:24
1293:19
intersection 1384:18,21
intervals 1053:14
intervention 1168:13

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Denver (303) 296-0017 Boulder (303) 443-0433 Colorado Springs (719) 635-8328 Greeley (970) 356-3306

AGREN BLANDO COURT REPORTING & VIDEO INC

intimately 1129:22
1207:7
intolerably 1085:11
intrinsically 1095:7
introduced 1060:12
1134:16 1184:18
invalidated 1325:8
inversion 1366:11,14
1368:3
inversions 1366:10
investigate 1100:13
1209:23
investigated 1343:17
1366:25
investigation 1069:16
1254:11
investment 1073:2
1111:25 1142:11,13,14
1227:15
investments 1101:5
investors 1236:2
invite 1087:3
invoice 1359:9
invoices 1359:18
involve 1284:5 1327:8
1340:8 1354:17
involved 1114:15
1121:23 1129:22
1183:13 1237:14,18
1241:5 1245:19 1257:3
1257:8,9 1270:11
1271:4,4 1272:1
1273:21 1276:6 1277:2
1286:20 1287:2 1294:6
1300:14 1324:12
1335:17 1346:21 1362:6
1365:19 1374:21
1375:13 1376:9
involvement 1245:21
1376:5
involves 1345:23
involving 1223:2 1362:3
in-house 1345:1,6
1351:16
in-place 1273:6,14,25
1274:20,20 1376:19
iodine 1199:14 1212:17
ionizing 1140:4
Iran 1183:17
Iraq 1183:16 1186:17
1203:13

irreplaceable 1096:2
irresponsible 1142:20
irrevocably 1058:24
irrigate 1079:5
irrigated 1155:11
irrigation 1059:22
1157:4
island 1117:20 1188:19
isotopes 1099:20,24
ISR 1374:21,22 1377:3
issuance 1063:13
issue 1058:1 1065:11
1104:23 1140:6,18
1169:22,23 1183:24
1191:4 1197:7 1205:4
1205:19 1261:17
1318:12 1332:6,21
1333:1 1338:11 1362:11
issued 1088:6 1122:4
1260:7 1316:14
issues 1051:14 1057:17
1067:6 1094:24 1097:8
1097:14 1126:7 1135:24
1153:17 1166:17
1181:18 1190:19 1195:5
1195:6 1197:23 1204:23
1225:12 1228:18
1261:17 1300:23
1304:16 1306:10
1309:14 1329:5 1331:22
1332:6 1333:2 1376:7
1386:4
issuing 1058:16
items 1374:12,17
Ivers 1131:4,5
J
Jacket 1294:1
JAG 1048:2
James 1049:2
Janet 1048:21 1104:18
1388:4,20
January 1127:22
Japan 1186:6 1205:17
Japanese 1205:15
JD5 1143:18
Jeff 1350:23 1351:11
JEFFREY 1049:12
Jennifer 1064:20 1089:12
1089:13 1119:8 1149:9
jeopardized 1079:8

jeopardy 1160:8
Jerry 1049:21
jigsaw 1174:7
job 1080:21 1088:11
1103:25 1131:18
1135:18 1148:5 1167:15
1186:21,24 1189:17
1197:10 1201:20 1203:6
1219:20,25 1235:2,7,7
1275:15,19,21,22
1276:1 1277:5 1328:11
jobs 1056:19 1061:13
1071:5 1072:21,25
1073:4,25 1074:2
1084:8,9,9,10,13
1085:12,13 1088:5
1089:20 1092:13,14,25
1098:2 1099:25 1100:23
1101:1 1104:2,4,4,7,10
1120:21,21 1130:22
1131:21 1132:21,23
1133:13 1136:20,21,21
1136:21,22,22 1140:18
1148:7,18,20 1149:3,4
1149:22 1163:14,15
1188:8,22 1195:10
1201:22,23,23,24
1205:9,10,19 1207:10
1209:21 1216:4 1219:22
1222:11 1223:3,22
1291:7
Joel 1137:1
jog 1369:12
John 1051:15 1106:9
1120:17,18 1151:24
1191:14 1306:17
Johnson 1104:18,19
join 1152:3 1293:6,9
1296:1
Jolana 1172:17,24
1305:16
Jon 1123:13,15
journalist 1210:9
joy 1127:24
Juan 1129:12
Judge 1056:15 1079:13
1084:6 1089:16 1090:24
1094:17 1123:14 1129:7
1154:19 1168:20
1214:15 1296:10
1303:21 1322:13,15

1325:8 1362:11
judges 1134:25
judicial 1048:1 1171:13
1385:24
July 1318:25
jump 1200:13 1232:10
junction 1070:5 1093:3
1094:20 1102:15
1103:22 1105:8,22,24
1106:7 1107:7 1108:5,9
1109:23 1110:2,9,22
1112:3,6 1119:12
1127:7,22 1134:21
1136:10 1147:14
1148:15 1159:20
1201:19 1204:14,17
1274:3,6,9 1293:24
1295:5
June 1066:18 1260:2,3
1362:11
jury 1302:18
Justice 1121:7
K
Karen 1094:13
Karl 1112:21
Kathryn 1127:1,2
Katie 1077:8,9
keenly 1305:18
keep 1070:10 1095:5
1101:22 1104:7 1108:24
1152:23 1175:15
1178:13 1191:11
1222:19 1223:11
1230:12 1256:15 1288:4
1300:25 1301:7 1307:23
1352:21 1359:14,24
keeping 1057:25 1259:17
1335:25
Kelly 1151:21
Kemper 1077:8,9,9
kept 1134:21 1178:8
1325:23 1326:2 1336:10
1359:22
kerosene 1382:11
keys 1182:12
kid 1202:4
kids 1073:7 1144:12
kill 1206:7 1353:23
1356:12
killed 1220:9 1354:5

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Denver (303) 296-0017 Boulder (303) 443-0433 Colorado Springs (719) 635-8328 Greeley (970) 356-3306

AGREN BLANDO COURT REPORTING & VIDEO INC

killer 1358:1,8
Killian 1108:9
killing 1194:24
kills 1162:23 1180:11
kilometers 1366:4
kind 1056:11 1059:8
1134:23 1140:1 1144:19
1179:15 1184:9 1194:1
1198:16 1255:7 1279:18
1291:25 1296:3 1299:2
1299:5,22 1304:24
1326:18 1329:12,20
1331:15 1347:18 1352:2
1368:7,9 1376:13,15,16
1376:20 1377:5 1382:15
1383:25 1384:16
kinds 1099:21 1185:12
1203:25 1295:18
Kleinfelder 1372:15
knew 1187:5 1194:23
1202:9 1205:23,24
1241:2 1309:8,22,25
1312:7,8 1358:9
1359:21 1362:18
know 1054:5 1068:25
1076:8,24 1080:12
1081:25 1082:10,12
1083:8,16,20 1089:21
1098:7 1100:5 1111:12
1112:13,15 1113:12,25
1114:9 1118:21 1119:10
1119:11 1128:24 1129:2
1130:22 1134:25
1135:18 1139:24,25
1140:9 1144:21 1146:16
1150:22 1153:16,25
1163:12,16 1165:1
1168:5,7 1170:6,7,9,10
1172:12 1175:14,25
1179:2,4 1180:9
1185:15 1186:23 1187:1
1187:11,22 1189:8
1190:3,16 1191:22,25
1192:7 1193:15,17,18
1193:21,21,24 1194:16
1194:16 1201:1 1202:24
1203:11,12 1204:2
1206:6,7,11,15 1208:3
1210:14,18 1211:23
1222:19 1223:6,12
1230:5 1233:13 1236:8

1237:17,22 1241:1,8,9
1241:25 1242:7,16
1243:11 1254:17
1256:25 1257:6 1258:24
1259:2,3,7,10 1263:14
1263:14 1269:6 1272:7
1273:20 1274:8,18,18
1277:11 1282:12
1289:16 1291:17 1292:3
1293:1,3,7 1294:3
1295:3,25,25 1299:2,15
1300:6 1302:15 1303:2
1303:23 1305:6 1306:9
1307:2 1312:9 1313:2
1313:22 1314:6,8,9
1318:10 1322:23
1324:10 1325:10 1326:3
1327:13 1328:6 1329:12
1329:18 1330:15
1336:22,23 1343:24
1344:6 1347:15 1349:6
1349:10 1353:9 1354:1
1354:6 1355:23 1356:2
1356:3 1359:12 1360:2
1360:13,17,17,19,21
1361:3,3,9,10 1363:8
1364:18,21 1366:20
1367:11 1368:4,20
1369:2,8,18 1370:24
1371:10 1380:12
1382:25 1384:3 1386:25
knowing 1121:25
1217:21 1382:3
knowingly 1122:2
knowledge 1149:1,15
1263:25 1275:11 1315:5
1362:8
known 1122:12 1128:1
1155:13 1175:25
1176:10 1179:16
1214:22 1220:18 1248:8
1278:9 1315:24 1316:2
1376:1
knows 1058:12 1106:23
1110:22 1206:9,12
1208:6 1218:3 1228:5
Korean 1203:8
krypton 1199:15
L
La 1153:2 1215:2 1246:7

lab 1228:16
lack 1054:12 1063:5
1084:7 1101:14 1120:6
1127:15 1177:16,18
1207:10 1224:24 1350:4
ladder 1263:14
ladies 1096:5 1102:11
lady 1132:20
laid 1153:14
Lake 1147:6
Lakewood 1049:7
lambs 1299:8
land 1072:23,25 1080:13
1081:17 1096:3 1098:21
1104:10 1131:16,17,19
1136:10 1138:1,2
1187:1 1189:23 1208:13
1280:10,18 1281:4,5,8
1281:12,21,21,23,23,23
1282:7 1284:7,22
1285:15,22 1286:7,9,19
1294:12 1352:16
1375:21
landfill 1311:15
lands 1104:25 1119:23
1121:4,10 1173:25
1189:21 1197:2 1281:11
1352:12,15
landscape 1075:19
landscapes 1138:1,16
language 1093:15 1175:3
1242:21 1254:14,20
large 1062:23 1101:10
1103:8 1165:21 1188:24
1191:5 1210:10 1219:11
1261:8 1262:5 1280:17
1287:6 1331:9 1336:21
1351:19 1352:19,20
1354:2 1366:1 1372:3
1382:9,23 1383:4,5
largely 1226:3,13
1367:10
larger 1188:25 1336:3,4
largest 1067:1 1113:12
1298:9
lasted 1222:21
lasts 1141:13
late 1070:21 1162:17
1251:22 1266:2 1356:14
1359:19
lately 1299:18

laughable 1159:18
launched 1182:14
laundry 1150:11
law 1049:10 1070:13
1094:7 1097:9 1106:10
1110:11 1125:2,2
1177:24 1262:23
1308:13 1357:3,9
laws 1069:24 1176:5
1181:22 1184:22,25
1185:13,16,17 1186:1,3
1189:24 1224:17
1229:23 1282:25 1283:1
1297:14 1386:24
lawsuit 1168:19 1176:2
lawsuits 1076:24
lawyer 1190:4
lawyers 1053:11 1190:5
1216:10 1231:17
lax 1224:20
lay 1081:21 1240:19
1337:1
layer 1130:16 1366:13
layers 1080:4 1130:2,3
1156:25 1192:14,15
1222:5
laymen 1236:11
layoff 1153:15
layperson's 1105:6
leaching 1114:7
lead 1075:13 1080:15
1081:14 1264:14,19
1271:3,10,12 1330:8
1333:13
leader 1119:8
leadership 1060:8
1294:8
leak 1076:5 1122:12
1176:22,23,24
leakage 1192:2,5,6
1310:5
leaking 1076:7 1122:13
leaks 1122:19 1176:24
1177:2,3 1192:13
leak-proof 1176:20
learn 1099:5 1176:9
1179:21 1182:20
1200:19 1217:7
learned 1070:22 1071:3
1106:1 1147:12 1177:15
1181:20

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

lease 1068:4,5
leased 1060:16
leases 1155:10 1197:2
leasing 1196:20
leave 1064:2 1071:7,14
1073:4 1096:2 1141:10
1156:8 1189:21 1206:21
1209:4 1212:2 1303:14
1305:9 1316:19 1383:13
leaves 1097:7 1229:12
leaving 1062:19 1071:15
1072:18 1163:3 1208:11
1225:6 1228:21
led 1270:25 1380:25
Lee 1048:21 1388:4,20
Leetso 1134:11
left 1071:8 1072:3
1107:12 1108:6 1123:7
1134:10 1144:23 1158:7
1159:10 1168:9 1178:24
1216:4 1217:11 1218:5
1225:7 1233:25 1273:1
1280:22 1301:3 1302:14
1304:1
leftover 1071:16
legacy 1070:8 1073:5
1080:9 1105:15 1132:10
1141:10 1156:15
1157:20 1158:13 1160:5
1163:16,17,17 1208:11
1221:3
legal 1049:5 1236:12
1298:22 1385:24
legislation 1165:18
legitimate 1170:8,11
legitimately 1359:13
length 1081:5
lengthy 1303:25
lesser 1241:10 1287:16
1348:8
lesson 1170:24
lessons 1067:22 1217:8
letter 1077:10 1090:12
1225:11 1285:1 1332:21
1333:21
letters 1333:3
letting 1070:6 1198:5
let's 1096:21 1145:1
1148:5 1178:9 1189:1
1224:1,1 1231:15
1232:10 1257:12,24,25

1266:1 1272:13 1290:10


1290:11 1321:15 1328:5
1344:19 1370:14
1371:10
leukemia 1106:4
1206:10
level 1059:15 1068:7
1097:1 1112:25 1113:4
1117:8 1120:3 1125:25
1139:12,21 1172:2
1187:21 1199:24
1217:17 1233:8 1238:16
1239:2,16,21 1278:4
1282:16,18,20 1298:19
1367:7 1386:20
levels 1147:23 1153:9
1167:10 1239:12
1240:22 1241:20,24
1366:8 1385:11,12
liability 1057:17
Libby 1194:21,22
liberty 1254:4
license 1048:6 1051:13
1061:24 1063:13
1065:11 1068:18
1078:10 1095:13 1115:8
1115:13 1118:9 1170:16
1191:6 1195:15 1197:21
1220:24 1226:8 1227:21
1229:25 1230:4,8
1231:2 1243:16 1260:15
1260:17 1288:5 1309:13
1322:17,18,19 1323:12
1323:21,25 1324:7
1325:5,9,13,18 1337:5
1342:21 1345:16
1361:19 1378:19
licensed 1066:1 1118:7
licensing 1065:19 1077:5
1079:14 1080:15
1095:21 1196:2 1220:14
1220:14 1323:20
1325:15,17 1347:6
lids 1146:19
lie 1173:23
lies 1216:3
life 1059:2 1060:14
1075:3 1077:11 1079:1
1081:9 1088:5 1091:8
1092:24 1093:2 1094:19
1105:1 1121:1 1125:21

1127:8 1177:10,25
1178:16 1181:10
1183:13 1184:12,13
1190:7,22 1193:16
1205:24 1227:9 1292:11
1292:12 1345:24
1352:22,23
lifespan 1187:16 1191:10
lifestyle 1176:13 1215:21
lifestyles 1215:3
lifetime 1067:21 1185:23
1204:4
life-span 1222:4
light 1060:13 1323:11
1384:18
lighting 1384:1,7,9,10
lights 1384:11,12
likes 1310:3,4
limbs 1299:9
lime 1383:6
limit 1061:25 1087:22
1226:16 1298:23
1310:14
Limitation 1182:6
limited 1125:23 1258:12
1275:11 1326:20
limits 1087:10 1268:21
1385:20
Lincoln 1049:3
line 1072:9 1074:5
1108:2 1181:10,19
1198:1 1201:2 1236:18
1236:18 1239:19 1240:9
1248:12 1262:12
1266:10 1286:3 1322:6
1323:19 1378:17
lined 1076:3
Liner 1122:11
liners 1176:20,21 1353:2
1353:4
lines 1072:1 1337:25
link 1053:24 1054:15
1177:21,24 1178:3
1179:19 1243:23
linked 1061:1 1235:20
1243:21 1266:16 1343:5
list 1054:24 1055:5
1056:12 1081:18
1108:11 1132:3,5,6
1154:12 1267:6 1268:4
listed 1132:4

listen 1064:14 1204:11


1347:7
listened 1118:12 1304:4
1305:17 1368:5
listening 1073:23 1131:6
1151:9 1184:2,2,3,4
1240:4 1261:15 1291:6
1291:15
listing 1110:6
literally 1204:16
literature 1058:11 1061:2
litigation 1092:9 1361:17
1362:18
little 1073:20 1081:10
1097:13 1101:17
1127:13 1130:17
1137:16 1144:2,5
1148:2 1157:19,24
1169:8 1172:3 1173:10
1175:8 1186:16,22
1193:4,5,5,5,8,13
1195:3 1196:5 1198:23
1208:15 1215:13
1217:13 1246:12 1255:9
1298:5 1310:5 1361:5
1364:10 1368:1
live 1064:18 1070:20
1075:24 1078:15 1093:3
1097:2,19 1101:11
1111:17 1120:19,20
1121:4 1123:15 1129:12
1131:6,10 1134:20
1136:2,9 1161:15
1163:13 1172:24 1175:7
1175:8 1204:14,17,20
1205:7 1207:5,7
1214:16,21,25 1215:16
1217:13 1221:9 1224:11
1224:14 1292:7
lived 1060:15 1070:21
1094:19 1105:6 1106:7
1127:7 1163:2,19
1172:25 1173:11,12
1181:7 1202:4
livelihood 1160:9
livelihoods 1140:12
lively 1149:9
liver 1121:5
lives 1095:1 1143:14
1146:20 1152:7 1293:10
livestock 1298:25 1299:6

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Denver (303) 296-0017 Boulder (303) 443-0433 Colorado Springs (719) 635-8328 Greeley (970) 356-3306

AGREN BLANDO COURT REPORTING & VIDEO INC

living 1088:9 1119:12


1129:15 1134:20
1185:20 1190:8 1191:15
1210:12
LLP 1049:2
loads 1369:15
local 1071:6,16 1072:14
1072:21 1079:10,12
1103:12,24 1104:4,13
1125:7 1141:4 1144:10
1155:20,24 1156:2
1167:9 1172:1 1196:24
1218:2 1229:16 1292:3
1297:22 1364:22 1382:1
locally 1293:11
locals 1367:2
located 1077:13 1154:24
1215:19 1253:10,11,13
1274:10 1282:22
1285:14
location 1101:15 1273:10
1275:7
locations 1057:9 1288:22
1288:23 1319:22
locked 1093:13 1094:11
lofting 1364:19,20
loggers 1205:7
logic 1080:24 1082:20
logical 1082:13 1099:7
logs 1205:16
Lois 1090:23
Lone 1157:5
long 1057:13 1072:7
1090:5 1109:1 1111:4
1131:6 1135:17 1141:6
1141:13,20 1154:12
1183:12 1189:5 1192:8
1204:25 1224:21 1227:9
1234:16 1238:21,21
1249:23 1262:8 1282:5
1282:8 1286:5 1299:22
1300:6,7 1307:16
1320:9 1366:14 1387:11
longer 1058:2 1092:1
1108:3 1119:10 1179:20
1189:23 1192:18
1263:16 1287:13
1351:11
long-standing 1249:24
long-term 1058:8,18
1063:23 1096:24

1109:16 1146:9 1156:16


1158:15 1159:12 1160:7
1217:5 1320:2 1351:25
look 1053:25 1081:11
1092:12 1103:5 1104:14
1112:18 1131:14 1134:8
1140:18 1164:23
1181:18 1182:7,17
1185:2,6 1186:8
1188:12 1192:10,22
1193:10,11 1194:1,12
1195:10 1196:10,14,14
1196:17 1210:14 1223:7
1223:11 1224:1,1
1237:4 1243:13 1246:17
1246:20,21 1251:14,15
1262:13,14 1269:7,15
1278:19 1280:18,24
1287:24 1291:19
1298:21 1313:16
1320:12 1321:5,18
1324:18,21 1325:2
1328:18 1329:10 1331:1
1331:15 1332:9 1336:21
1337:4,17 1338:8
1339:4 1365:21,22
1367:5 1370:8,11
1379:6 1385:16
looked 1066:23 1083:2
1099:17 1125:10 1135:4
1150:16 1171:12
1193:25 1196:5 1216:12
1221:11 1243:15 1277:6
1278:11 1280:19
1289:20 1299:15
1316:19 1321:4 1330:15
1330:21 1334:3,17,20
1337:6,7,10 1342:10
1348:5 1371:7,9 1374:7
1374:8 1376:17 1377:11
1377:25 1381:14
1385:17
looking 1068:14 1081:12
1111:5 1112:19 1115:1
1138:15 1148:7,17
1178:8 1184:20 1186:17
1187:1,6 1188:17
1191:9,24 1202:2
1222:13 1223:11,15
1239:15,19,21 1250:24
1256:8 1257:3 1259:12

1267:14 1280:12 1285:7


1287:14 1307:21
1311:18,19 1327:3,6
1339:3 1351:23 1355:5
1365:11,14,24 1368:1
1372:2,5 1374:8 1377:8
1377:19,23
looks 1084:17 1321:9,20
1321:25 1377:7
loop 1325:24 1326:2
lose 1344:11
losing 1215:20
loss 1145:25 1226:18
1246:16 1291:14,18
lost 1132:23 1133:14
1174:3,4 1212:11
lot 1054:22 1056:15
1059:20 1074:1 1099:1
1101:20 1126:5 1129:20
1134:25 1135:6 1141:9
1144:2 1161:4 1164:1,2
1164:7 1166:4 1167:23
1173:3 1174:16 1183:16
1184:5,9,13,18,19,22,24
1185:25 1186:16
1187:18 1190:4,13
1191:20 1193:19,20
1194:16 1195:8 1196:12
1197:24,25 1199:1
1203:5,7 1204:11
1215:12 1220:3 1221:21
1222:11,12 1223:7
1227:5 1233:7 1288:2
1293:5 1294:6,17,21
1299:8 1330:9,21
1331:21,21 1332:5,16
1353:25 1368:9 1372:16
1376:23 1378:25
1381:14,24 1384:11,12
loud 1186:23 1339:24
LOUIS 1050:2
love 1094:20 1098:3
1165:10 1166:1 1204:18
1212:10 1221:9 1224:2
loved 1181:14
lovely 1177:14
loving 1204:19
low 1074:20,22 1075:4
1084:15 1092:20
1123:24 1238:1,1,16
1246:9,10,13 1287:10

1305:24 1342:14
lower 1067:13 1084:18
1084:21 1109:8 1247:7
1247:20,21,23 1248:3
1248:24 1249:9
low-carbon 1103:2
Lucas 1049:3 1242:23
1248:12 1261:23 1266:9
1266:23 1267:5,9
1269:2,15,19 1270:4
1273:16 1275:24
1281:15 1284:14,19
1286:11 1315:17 1316:1
1316:10 1322:5 1323:7
1327:21 1331:23 1333:6
1333:8,10 1344:12,14
1346:10 1350:1,4
1373:2 1387:10,12
luck 1207:14
lumber 1205:17
lunch 1150:5 1198:6
lungs 1162:22 1201:4
Lyons 1049:13
lyrics 1071:23
M
machinery 1070:4
machinist 1147:13
Madam 1121:1
magic 1384:5
magnitude 1365:4,10
main 1048:21 1049:10
1071:4 1093:10 1131:17
1131:20 1133:8,10
1246:6
maintain 1098:4,17
1219:17 1299:20,20
maintained 1096:13
maintaining 1087:21
maintenance 1063:4
1076:14
major 1066:19 1067:16
1157:9 1180:12 1183:14
1205:12 1218:18 1253:8
1329:6 1370:5
majority 1097:18
1166:18 1207:4
make-up 1330:3
making 1055:9 1060:9
1061:11,12 1073:4
1082:4 1083:8 1092:10

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Denver (303) 296-0017 Boulder (303) 443-0433 Colorado Springs (719) 635-8328 Greeley (970) 356-3306

AGREN BLANDO COURT REPORTING & VIDEO INC

1101:4 1108:18 1112:10


1135:14 1140:17
1167:25 1171:3 1205:18
1207:15 1233:10
1278:19 1285:11 1291:9
1291:13 1304:11
1353:20
man 1081:5 1179:5
1187:4
manage 1299:22
managed 1210:10 1273:5
1281:23
management 1069:12
1078:1 1132:10 1139:9
1212:23 1225:1 1246:14
1281:23,24 1295:22
1325:20
manager 1143:19 1256:1
1271:15 1335:7
managers 1217:25
managing 1281:4
mandated 1168:23
Manhattan 1112:23
manner 1083:6 1104:9
1144:24 1196:4 1198:18
manufactured 1353:5
manufacturers 1061:3
man-made 1096:11
1122:22
March 1051:18 1069:10
1321:12 1322:13 1325:6
marginal 1079:9 1099:18
Margo 1209:15,16
Marie 1121:1
mark 1096:2 1218:22
1219:8 1284:10
marked 1309:19 1318:15
1326:9
market 1063:2 1070:17
1084:15 1086:14 1100:3
1105:15 1123:24 1150:7
1155:5 1218:4,15
market's 1066:10
married 1211:25
Marv 1084:5
Marvin 1084:2
massive 1107:17
master's 1149:7
material 1062:25
1071:17 1079:22
1092:17,21 1162:14

1189:4 1201:10 1202:18


1207:6 1229:9 1239:1
1240:16,17 1301:18
1302:21 1303:5 1316:4
1329:3
materially 1376:9
materials 1048:6 1071:18
1072:19 1076:13
1077:21 1079:15
1092:20 1100:4 1115:20
1117:8 1118:11 1119:8
1125:5,18 1199:10
1212:14 1227:9 1242:1
1249:4 1304:15,17,19
1305:5 1317:12 1365:7
1365:8
math 1081:10 1174:14
1306:5
Matt 1049:16 1152:24
matter 1048:17 1078:22
1097:2 1158:11 1160:17
1176:25 1211:20 1216:8
1297:15 1316:9,25
1370:6
Max 1301:14,15,16
maximum 1345:13
1366:4 1368:15 1369:19
1370:11 1371:21
ma'am 1305:12
McKenner 1080:18,19
1080:23
McMullen 1168:20
1325:8 1362:11
McMullen's 1322:15
mean 1164:23 1167:3
1175:15 1176:8 1219:21
1284:15 1291:24
1323:15 1344:13 1347:4
1347:17 1366:21
meaning 1076:16
1198:15
means 1061:18 1081:11
1096:16 1099:14
1189:18 1218:21
1221:23 1302:17 1308:9
1359:14 1365:6
meant 1058:14 1165:20
1186:4 1341:20
measure 1162:13
1367:11
measures 1060:10

1158:11 1213:11 1302:3


1386:23
media 1133:10 1362:2
1365:1
medical 1099:22 1128:3
1183:6 1206:13 1295:6
medically 1198:22
medicine 1146:14
meet 1109:8 1149:12
1167:4,5 1210:25
1220:21 1271:7 1287:7
meeting 1151:25 1176:21
1178:7,12 1233:14
1241:1 1262:17 1296:22
1296:23 1305:19
1350:10 1354:8 1356:5
1362:7,9 1377:22
1380:3,11
meetings 1115:24 1173:4
1361:23 1362:1,3
1380:13,14,17,18
melt 1078:23 1157:3,5
1193:3
member 1055:2 1083:12
1152:6,22 1177:7
1186:8 1209:17 1211:19
1213:16 1220:2,12
1313:1
members 1056:6 1102:16
1103:15 1119:13
1121:22 1155:18 1165:6
1178:20 1212:11
1217:23 1224:9 1245:5
1245:8
membership 1102:19
memo 1312:10
memorandum 1051:22
1282:2 1339:7
memories 1182:2
memory 1237:3 1266:6
1369:12
men 1121:3 1199:21,25
1220:8
mental 1060:25
mentality 1142:24
mention 1081:24
1084:23 1126:9 1220:8
1228:16
mentioned 1125:14
1184:7 1185:9 1377:1
1385:18

mercury 1060:21
merge 1260:1
merged 1259:25
mergers 1250:12
mesa 1066:17 1069:8,18
1083:4 1086:12 1103:8
1103:22 1106:9 1111:22
1154:23 1158:20
1176:22 1180:11
1194:14 1198:12
1220:12 1245:15,20,22
1245:25 1246:3 1248:6
1249:25 1250:5,7,14,20
1251:5 1252:1 1258:2
1258:16,21 1259:2
1313:8
mess 1187:9 1194:20
met 1058:2 1086:16
1097:10 1167:6 1274:21
1283:9,11
metal 1081:13 1180:14
metals 1081:13,21
metaphor 1137:16
metastasize 1162:22
Metcalf 1120:17,18,18
meter 1183:4
method 1116:14 1308:20
1376:19
methodology 1345:21
1345:23
methods 1080:5 1107:22
1217:25 1308:5 1309:4
1312:5,22 1313:6
1385:21
Mexican 1081:20
Mexico 1214:18,20,24
1218:13 1220:10
Michael 1160:18,19
Mickey 1144:15
mid 1070:24 1228:16
middle 1248:20 1339:3
mid-pack 1130:16
mighty 1150:14
Migrants 1138:5
Miguel 1063:17 1065:23
1066:2 1074:16 1075:9
1107:6 1143:18 1164:7
1172:25 1282:16,19,21
1282:24 1283:4,7,14
1296:21,23 1297:4,5
1340:1 1341:7

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Denver (303) 296-0017 Boulder (303) 443-0433 Colorado Springs (719) 635-8328 Greeley (970) 356-3306

AGREN BLANDO COURT REPORTING & VIDEO INC

Milan 1214:17
mild 1241:10
mile 1188:19 1280:11
miles 1075:18 1085:19
1101:12 1123:2,3
1136:10 1143:15 1151:3
1154:24 1156:24 1223:1
1279:8 1293:13,21
1300:1 1366:24 1367:25
1368:2 1382:18
mill 1048:6 1051:13,24
1052:4 1053:4 1056:21
1056:22 1057:14 1059:3
1059:7 1061:16 1062:14
1062:15,21 1063:20,24
1064:1 1065:1,19,25
1066:4,7,11,17 1067:4,5
1067:20 1068:1,3,5,12
1068:25 1069:4,8,10,18
1069:22 1070:23,25
1074:5,7,8,9,11 1075:3
1075:6,17,17 1076:1,6,7
1076:9,10 1077:5,7,14
1077:25 1078:9,21
1079:4,14,16 1080:6,16
1082:10,16,18,21,22
1084:16 1085:2,11,12
1085:13,16,23 1086:12
1086:14,20,24 1087:5
1088:1,7,13,18 1089:20
1090:4,9 1091:17,20,24
1092:5,9,13 1094:15
1095:9,18,21 1097:17
1097:24,25 1099:11,25
1100:25 1102:3,10,21
1103:15 1104:3,15,24
1107:1,2,7,19 1108:1,4
1109:19,24 1112:18,20
1113:13 1115:2 1117:19
1117:24,25 1118:4,6,8
1119:22 1120:6 1121:12
1123:10,12,17,17,20
1124:3 1125:1,12,18,21
1126:19,22,23 1129:10
1129:20 1130:7,19
1131:2 1132:12,13,13
1135:15,19 1136:12,18
1136:23,24 1139:22
1144:10 1145:6,16
1146:17 1147:11
1152:15 1154:9,15,21

1154:25 1156:15,18
1158:8 1159:18,19,20
1159:22 1160:5,16
1163:13 1164:11,18
1166:16 1170:8,9
1172:8 1176:22 1178:6
1180:12 1188:4 1189:20
1190:6,22 1191:11
1194:10 1206:24 1208:4
1208:24 1209:20
1210:20,22,22 1211:6
1211:22 1213:9 1215:10
1215:19,24 1216:25
1218:2,12 1220:14,15
1220:24 1221:14
1223:17 1224:11,15,18
1224:19 1226:15 1227:6
1228:13 1230:8 1231:2
1233:11 1234:4 1238:1
1239:13,24 1240:2,6
1241:19 1242:14,17,17
1242:18 1245:15,25
1246:4 1247:22 1248:1
1248:2 1249:25 1250:1
1250:7 1251:5 1252:1,3
1252:13,15,25 1253:3,6
1253:7,25 1254:1
1258:3,4,16,20,21
1259:2,9 1264:25
1272:18,25 1278:10,10
1280:2,17,22 1282:22
1285:8,20,24 1286:25
1288:13,17 1292:18
1293:3 1296:23 1297:8
1297:25 1298:11,20,22
1299:12,20 1302:7,14
1309:13 1316:20
1317:14 1319:5,9,21
1320:2,9 1322:2,4
1323:5,19 1326:24
1332:18,19 1334:5,18
1335:12,17 1336:6,18
1336:20 1338:14 1339:8
1339:12,13,19 1340:3
1340:15,17,24 1342:19
1343:2 1345:14 1346:3
1346:8,10,14 1347:18
1349:7 1352:12,22,22
1356:2,4 1364:22
1365:5 1366:8 1367:1
1368:4,6 1369:14,19,23

1369:25 1370:10,12,22
1370:24 1371:4,10,12
1371:13,23 1372:19
1374:1,5 1381:5,5,6,18
1381:23 1382:7,24
1383:25 1384:9,17,22
1386:15,16,19 1387:1
milled 1084:21 1141:13
1205:17 1214:20
millers 1121:8 1205:14
1206:8
milling 1058:5,20
1059:17 1062:7 1063:25
1081:23,23,24 1084:9
1084:13 1088:11
1091:11 1092:20
1096:15 1100:9,10
1111:23 1117:2,4
1134:8 1135:9 1146:2
1156:22 1158:3,6,12,25
1159:3,6,15,25 1160:12
1160:14 1161:7 1178:24
1204:24 1243:22,24
1281:25 1297:23 1301:6
1316:22 1358:7
millings 1194:9
million 1062:15,17
1063:14,19 1090:8,9,10
1091:16 1107:3,8
1121:12,12 1122:16,18
1123:5 1125:13,14
1132:11,11,12,13,15
1159:17,20,21,22
1218:12 1225:4 1229:11
1298:15 1345:2,3,4,7
1349:3,24 1350:13,13
1350:18 1351:10,24
1371:15 1386:16
millions 1111:25
1136:17 1223:23
millirem 1239:17,22
1240:25 1241:1
mills 1062:12 1068:20
1078:4 1079:21 1088:19
1092:22 1099:3 1106:14
1106:21 1117:9 1121:11
1122:11 1171:22 1180:5
1221:22 1222:16
1239:11 1241:2,20
1258:14 1302:1 1373:13
1374:13

mill's 1063:10 1098:1


1124:21 1135:2 1326:13
mind 1174:5 1220:7
1284:25 1300:25
1352:19 1364:15
1381:21
minds 1251:6,7,8
mine 1057:24 1068:1
1069:19 1072:2 1077:23
1106:9 1107:18 1108:5
1109:19 1111:3 1118:21
1124:16 1126:19
1143:18 1153:2,3,6
1184:6 1194:19,22
1200:3 1202:17 1204:2
1212:22 1217:24
1218:12 1244:9 1245:23
1247:24 1250:14
1264:12,21,23 1266:20
1268:18 1270:17 1283:3
1297:24 1298:16 1300:4
1300:5,6,8,22,24 1304:6
mined 1084:20 1214:20
1241:15
miner 1143:17 1244:3,9
1244:21,24
Mineral 1062:17 1065:2
1106:15 1107:19
1111:24 1196:19
Minerals 1049:10
miners 1121:8 1151:15
1151:24 1206:7 1217:24
1219:12,13 1238:8
1241:17
mines 1066:15 1067:15
1068:6 1077:20 1082:1
1086:11 1117:5 1118:5
1153:1,11,12,14,19
1173:23,24 1174:4
1181:18 1219:12 1220:7
1220:10 1244:4 1245:9
1245:18 1246:5,15
1257:16 1258:12
1264:24 1268:9,16
1283:6 1336:3 1352:11
1352:19
minimal 1096:19 1225:5
minimize 1161:20
minimizing 1367:9
minimum 1141:22
1149:12,14

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Denver (303) 296-0017 Boulder (303) 443-0433 Colorado Springs (719) 635-8328 Greeley (970) 356-3306

AGREN BLANDO COURT REPORTING & VIDEO INC

mining 1049:12 1058:4


1058:20 1059:16 1062:7
1065:2,16 1067:10
1078:9 1084:9,13
1088:11 1092:14
1103:13 1111:4,23
1114:22 1117:1,6
1121:4,10 1133:17
1134:7 1135:9 1136:20
1146:1 1151:15,18
1153:23 1154:15
1157:20,22 1158:13,24
1159:3,6,15,24 1160:14
1161:7 1171:22 1173:21
1183:9 1194:5 1196:22
1199:9,11 1204:24
1206:15,18 1207:1
1210:17,18 1218:22,25
1219:7,16 1220:15
1238:7 1243:22,23,25
1244:8,12,13,14,15
1246:2 1257:14 1281:6
1281:9 1293:3 1297:22
1298:3 1301:6
mini-mall 1137:22
minor 1128:23 1329:2,5
1370:4,6 1377:23
minute 1055:5 1074:12
1074:13,19 1075:8
1079:23 1098:18 1173:6
1187:16 1190:22 1192:7
1288:20 1333:24 1364:1
1383:11
minutes 1120:13 1173:5
1198:6 1211:4 1231:15
1276:5 1290:11,14
1334:4 1343:8 1371:24
1383:21,21 1387:6
miserable 1175:16
misguided 1060:17
mispronounced 1127:5
misrepresentations
1228:12
missile 1182:5,10
missiles 1182:13,14
missing 1085:1
mission 1059:24 1064:7
1089:22 1117:12
Mississippi 1193:7
Missouri 1299:25
mistake 1201:3 1206:18

1234:3 1324:5
mistakes 1115:25 1176:9
Mitchell 1134:14,15,16
mitigate 1124:20
mitigation 1090:8
1125:24 1126:12
1136:16 1367:11 1386:4
mixed 1056:9
mixture 1330:20
Moab 1070:21,23
1081:20 1148:14
1149:23 1152:10 1181:7
1187:6 1191:15 1272:18
1272:25 1273:5,8
Moab's 1295:9
mobile 1070:3
model 1249:14,16 1259:1
1332:8
modeling 1239:18
1319:7 1333:4
models 1142:1 1249:19
1249:20
modern 1103:11 1243:25
1308:5
modified 1136:14
1361:15
modify 1359:9
Molas 1130:17
mom 1207:23
moment 1053:7 1231:14
1269:15
mom's 1205:6
Monday 1048:18
monetary 1132:18
1226:4 1300:15
money 1061:11 1071:7
1071:11 1075:23
1088:15 1109:12
1121:10,19 1141:9
1206:20 1211:15,15
1218:18 1223:8 1229:13
1236:2 1287:4,16
1291:9,13 1294:6,18
1299:19 1354:1
mongering 1213:8
monitor 1063:8 1113:8
1124:21 1154:10,16
1162:8
monitoring 1063:23
1078:9 1107:5 1122:6
1122:14,17 1130:12

1190:12 1242:10
1267:23 1285:9,10,13
1285:18,21 1286:4
1287:15
Monok 1051:19 1329:11
1329:15 1332:12
Monok's 1332:7
monster 1134:11
Montana 1149:7 1194:22
1194:22 1201:21
month 1178:3
monthly 1051:21 1335:6
months 1066:22 1069:11
1097:23,23 1153:7
1174:8 1223:9 1236:3
1253:1 1257:19 1266:7
1266:7 1285:17 1341:1
Monticello 1108:2
Montrose 1059:14
1084:6 1085:20,21
1087:6,12 1088:13
1118:20 1122:7 1149:19
1151:1 1173:16 1174:15
1174:17 1176:16 1177:9
1178:12 1179:23
1215:10 1241:18
1283:14 1306:9,14,17
1320:8 1380:7
Moore 1049:5 1355:24
moot 1332:18
Morgan 1112:21
morning 1055:19
1056:18 1061:22
1064:22 1073:22
1080:19,24 1090:24
1108:6 1123:14 1127:7
1134:15 1139:4 1178:8
1387:18
morph 1202:3
Morris 1147:4
Morrison 1239:25
Moscow 1182:3,4
Motel 1150:19
mother 1128:23 1146:21
1202:5 1208:9
motivated 1097:14
1126:10
mount 1108:18
mountain 1049:14,16,18
1112:1 1129:14 1130:18
1150:22 1151:21,25

1152:7 1157:1,5 1168:7


1168:19 1247:4 1257:2
1257:8,10 1267:12
1272:12 1284:11
1287:25 1295:9,10
1309:20 1318:16
1326:10 1329:24 1335:4
1338:20 1349:1 1354:15
1361:8
mountains 1078:16,23
1129:13,17 1131:10
1141:14
mounting 1108:24
Mouse 1144:15
move 1072:10 1073:15
1103:6 1107:14 1109:2
1134:21 1148:12
1219:16 1245:3 1254:7
1273:8 1275:9 1282:3
1285:15 1321:15
moved 1073:10 1078:25
1110:2 1127:23 1133:18
1134:18 1143:16,17
1147:8 1157:23 1194:8
1204:16 1215:2 1274:3
1275:6,23,25 1285:3
movement 1172:9
movers 1273:23
moves 1082:6
moving 1089:7 1093:24
1137:23 1256:15
1292:23,24 1294:23
1325:22
MRIs 1099:23
MSG 1060:21
MSHA 1069:18 1153:12
1153:12 1154:11
mudslides 1150:24
Mullen's 1322:13
Multicultural 1220:12
multinational 1061:9
municipal 1248:7 1304:7
municipalities 1304:9
munitions 1203:12
Murphy 1177:24
Murray 1214:25
N
N 1051:1 1052:1 1053:1
name 1053:20,21
1059:13 1061:22

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Denver (303) 296-0017 Boulder (303) 443-0433 Colorado Springs (719) 635-8328 Greeley (970) 356-3306

AGREN BLANDO COURT REPORTING & VIDEO INC

1070:19 1073:18 1077:9


1084:5 1089:13 1095:15
1120:18 1123:15 1127:2
1137:3 1139:7 1143:13
1145:9 1160:19 1181:6
1198:10 1209:16
1213:22,25 1214:16
1224:5 1245:12 1256:10
1296:17 1301:14
1305:15 1329:13,16
1343:19
nameplate 1258:18
names 1245:11 1279:11
name's 1134:16
narrow 1085:4
nascent 1376:13
Nation 1314:19
national 1060:9 1123:9
1132:3 1172:9 1184:25
1190:1 1337:14 1357:5
nationwide 1060:18
1155:25
nation's 1130:1
native 1093:2
natural 1077:15 1078:14
1079:2,7 1094:10
1106:20 1107:22
1122:22 1138:23 1139:8
1241:16
naturally 1096:14,25
1147:21
nature 1067:18,19
1087:18 1089:5
Naturita 1062:14
1074:16 1075:10,13
1077:20 1101:4 1107:2
1132:13 1145:11,12
1147:1 1151:2 1159:20
1173:15 1175:11 1189:2
1191:7,8,18 1209:17
1211:9 1367:3,3 1368:2
Navajo 1112:5 1314:19
1315:3
Navajos 1134:12 1199:1
near 1060:15 1071:19
1074:16 1088:2 1121:4
1175:7 1214:16,17
1217:1 1253:11,13
1297:20 1299:24 1316:9
1361:19 1382:10
nearby 1062:14 1159:19

1192:21 1215:13,19
1240:12
nearest 1240:11 1367:24
nearing 1202:16
nearly 1071:22 1363:15
1363:17
near-term 1087:13
necessarily 1240:8
1254:1 1255:18 1267:2
1285:25 1325:23
1327:16 1337:4 1342:12
1343:2 1357:10,16
necessary 1075:10
1095:23 1113:7 1188:5
1355:9 1384:25
need 1058:10 1067:5
1070:16 1073:25 1083:7
1089:21 1092:3 1094:10
1100:12 1103:5 1105:13
1120:20 1122:21
1130:22,23 1142:12
1144:23 1145:2 1150:16
1154:15 1170:24 1171:5
1185:6 1188:10,10
1196:17,17 1203:16
1208:22 1218:21 1219:8
1219:18 1235:23
1256:15 1258:20 1261:2
1274:12,16 1285:23
1286:9 1291:25 1299:13
1303:15 1331:1 1338:7
1339:20 1340:14,16
1344:6 1353:1 1365:3
1370:13 1373:19
needed 1075:7 1082:21
1092:19 1191:10,11
1276:11 1277:22
1285:15 1335:12
needing 1122:18
needs 1065:10 1124:18
1125:6,9,10,11 1136:20
1165:11 1197:21 1209:1
1262:21 1294:23
1297:25 1298:1 1301:21
1306:20 1366:2
negate 1195:14
negative 1077:15
1096:21 1156:17 1226:5
1227:13 1269:3
negatives 1333:19
neglected 1063:6

negligent 1122:1
negotiate 1253:24
negotiations 1254:2
neighborhood 1059:17
1059:21 1202:9 1350:12
1350:18 1351:24
1369:21 1383:8,10
neighboring 1155:11
neighbors 1066:2 1077:2
1134:8 1157:15,18
1217:18
neighbor's 1366:20
NEPA 1286:3,15,20,24
1288:8,9,11 1353:11,12
1353:15,16,21,22
1355:9,14 1356:11
1357:15,16,22,24
1358:9 1375:20 1379:13
NEPA's 1288:12
nephews 1205:22
nerve 1154:3
Network 1065:15
neurotoxins 1060:24
never 1060:7 1067:23
1084:13 1105:10
1125:25 1126:1 1134:12
1139:2 1144:9 1153:7
1154:14 1161:7 1162:2
1163:2,3 1164:12
1177:9 1187:3,21
1189:4 1233:14 1250:15
1265:14 1268:24
1294:18 1318:2 1320:16
1325:12 1326:12
1341:14 1349:6 1350:7
1350:7,10,25 1370:23
new 1078:5,11 1086:17
1086:17 1092:4,15
1098:16 1103:6,24
1113:17,18 1122:25
1130:16 1138:25
1148:21 1154:5 1161:9
1172:4,14 1176:18,20
1200:22 1210:21,22
1214:18,20,24 1218:13
1220:10 1224:16,17
1250:1 1255:17 1258:8
1328:19 1359:6 1386:20
Newmar 1147:11
newspaper 1108:7
newspapers 1186:12,13

nice 1147:6 1193:22


Niederkruger 1204:6,8
night 1173:20 1192:10
1366:9,10,18,24
1367:10,18 1368:3
1383:25 1384:4
nine 1069:20 1257:19
1269:8
Nixon 1182:4
Noalani 1059:11,13
noise 1060:13 1366:8
1367:1,5,23 1368:10
nominated 1168:5
noncompliance 1265:11
1266:4,17 1267:23,24
1268:11,23 1270:10
nonconfidential
1315:19
nondisclosure 1110:21
noneconomic 1226:9
1227:2,12 1231:6
nonore 1256:3
nonpartisan 1201:20
nonpotable 1075:6
nonproliferation
1259:14
nonworking 1178:3
normal 1085:17 1177:25
1360:19 1385:3,8
normally 1187:20
1321:19 1360:15
1367:22 1379:1 1386:21
Norphis 1197:14
Norquist 1351:12,17
north 1101:15 1214:21
1340:6
northerly 1093:20
Northern 1067:12
Northwest 1205:7
Norwood 1139:7,18
1150:23 1151:2 1154:23
1155:5 1158:18,18
1293:14,14,16,22
notable 1108:10
Notary 1048:25 1388:6
note 1270:8 1295:19
1310:12 1339:14
notes 1052:3 1093:9
1104:16 1127:9 1139:14
1171:3 1187:2 1211:1
1212:18 1356:5 1380:11

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Denver (303) 296-0017 Boulder (303) 443-0433 Colorado Springs (719) 635-8328 Greeley (970) 356-3306

AGREN BLANDO COURT REPORTING & VIDEO INC

notice 1048:16 1260:7


noticeable 1299:10
noticed 1198:14 1260:4,6
notices 1372:14
noticing 1177:17
notification 1177:22
1178:4 1267:23
notoriously 1207:1
November 1048:4,19
1130:10 1237:6 1267:15
1267:22 1312:14
1338:24 1339:8,16
1387:20,21 1388:17
Nowadays 1206:2
NPL 1132:2
NRC 1109:9,9 1115:15
1168:1 1271:8 1278:6
1362:22 1374:10,25
1376:18,25 1377:24
1378:17,19,24 1379:1,5
1379:12
NRC's 1366:3
Nucla 1048:21 1101:4
1131:9,10 1145:11
1146:25 1151:2 1173:14
1175:10 1181:1 1189:2
1204:12,19 1206:5,17
1207:16 1294:3 1305:19
1367:3
Nucla/Naturita 1084:8
1088:10
nuclear 1071:18 1072:22
1090:6 1092:2,4,7,10
1100:21 1103:2,4
1108:16 1111:14,15
1115:11 1121:9,15,17
1123:10 1146:13,13
1159:6,9 1171:19,21
1182:9,14,22,24 1183:1
1183:20 1212:9 1216:17
1216:18 1221:12
1223:16 1288:1 1298:1
1298:2,10,10 1301:10
1301:11,23 1313:7
1374:3
null 1086:5
number 1056:23 1059:2
1062:18 1081:3,16
1082:3 1083:1,6,7
1090:18,19 1091:1
1103:21 1132:23

1139:15 1171:23
1188:12 1228:11 1241:6
1300:20 1329:22
1368:23 1385:15
numbers 1125:18 1237:5
1335:24
numerous 1126:6
1228:17 1353:18
nursed 1060:4
nursing 1200:10
nuts 1184:11
O
O 1053:1
oath 1055:6 1142:22
obfuscation 1143:8
object 1248:12 1266:9
1283:14 1322:5 1324:3
objected 1282:22
objection 1225:8
1242:23 1248:21
1261:23 1269:22,23
1270:4,9 1273:16
1275:24 1281:15
1282:18 1286:11 1323:7
1323:10 1327:21
1331:23 1333:6 1346:10
1350:1
objections 1297:2 1333:4
objective 1095:17
objectively 1143:4
obligated 1198:3
obligation 1089:10
obligations 1273:3
1274:22
observations 1078:19
obsolete 1082:5
obstacles 1185:19
obtain 1088:15 1173:24
obtained 1075:8
Obtaining 1075:10
obviously 1233:7
1238:23 1258:13 1275:8
1281:9 1287:15 1325:4
1369:11,16 1382:22
Occasionally 1233:24
occupation 1244:10
occupational 1069:24
occur 1057:20 1067:23
1103:14 1157:7 1380:14
occurred 1057:9 1069:19

1122:24 1135:12 1347:6


occurrence 1076:1
1124:11
occurrences 1081:8
occurring 1063:7
1096:14 1147:21
occurs 1158:10 1212:20
1268:12
October 1066:14 1246:25
1388:18
odd 1131:7 1198:16
offer 1056:6 1137:25
1152:14 1175:10 1213:4
1213:14,20 1266:12,14
1305:4
offered 1152:6 1205:24
1226:25 1267:13
offers 1129:16
offhand 1328:15
office 1049:21 1110:9
1130:9 1187:10 1195:25
1216:8 1355:25 1356:16
1356:19
officer 1053:2 1055:3
1056:2,8,9,25 1059:11
1061:21 1064:20
1070:18 1073:17,20
1077:8 1080:18,22
1083:22 1089:12
1090:14,17 1093:6
1094:13 1096:4 1102:13
1104:18 1120:12,17
1123:13 1127:1,4
1129:5 1131:4 1134:14
1136:7 1137:1,4,6,9
1139:3 1143:12 1145:8
1152:18,23 1154:18
1160:18 1168:4,14,18
1169:5,19 1170:5,18,22
1171:17 1172:17 1177:9
1181:4 1198:6,9 1204:6
1207:20 1208:15 1209:6
1209:13 1213:13,17,22
1213:25 1214:4,8,12
1221:6 1224:4 1231:10
1231:21,24 1236:20
1237:4 1242:25 1246:24
1247:3 1248:15 1252:8
1252:10 1253:16,20
1256:10 1262:1 1264:21
1266:12 1267:3,11

1269:24 1270:8 1273:18


1281:17 1284:10 1290:6
1290:10,13,19,23
1291:1 1293:20 1296:11
1296:13,16 1297:17
1300:10 1301:12,15
1303:14,19 1304:2
1305:3,11,15 1307:9,19
1309:16,19 1318:15
1322:8 1323:13 1326:8
1327:25 1333:15 1334:9
1334:23 1335:2 1338:24
1343:6,10 1344:10,13
1344:16 1350:3,14,16
1363:21,25 1364:3
1373:4 1383:20 1387:6
1387:9,11,13
offices 1167:1,3 1197:9
1306:7
official 1376:17,18
officials 1112:9 1125:2,3
1125:7 1162:3
offsite 1194:15 1240:3
1273:24
off-site 1273:9
oh 1177:23 1179:11
1236:11 1250:6 1303:8
1334:25 1363:20,22
oil 1151:18 1196:9 1197:1
1197:6 1200:10
okay 1090:14,17 1137:7
1140:9,10 1145:1
1146:10 1152:20,23
1164:16 1168:15
1186:24 1194:18
1203:19 1214:12
1221:15 1222:16,23
1231:14 1233:10,15,19
1233:25 1234:3,24
1235:2,18 1237:2,10
1246:1 1247:21 1248:22
1249:22 1252:23
1253:20 1254:8 1257:24
1260:11 1263:16
1264:10 1278:8 1279:17
1284:19 1285:3,7
1288:20 1289:5 1290:4
1290:10,23,25 1293:13
1295:6 1300:12 1303:14
1312:4 1314:18 1317:24
1319:3,25 1320:24

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

1322:3,18 1323:3
1324:13 1329:10,15,17
1334:7 1335:2 1338:25
1339:17,24 1341:19
1343:10 1344:10
1352:11 1356:10
1359:12 1360:1,15
1361:5 1362:10 1365:24
1367:5 1368:15 1369:9
1370:21 1372:7 1373:17
1374:24 1377:12
1378:23 1386:7 1387:14
Oklahoma 1229:7
Olathe 1122:8 1215:13
old 1082:8 1106:11
1128:22 1143:15
1144:14 1146:16,17,23
1147:10 1161:11 1200:3
1208:7 1210:22 1298:13
1302:7
older 1128:21 1199:20
old-timers 1206:10
Olivia 1049:3
omissions 1352:5
1377:19,21
once 1092:7 1128:5
1157:22 1158:9 1189:21
1200:17 1201:16
1214:22 1227:6 1265:16
1270:15 1287:1 1381:17
ones 1057:8 1071:16
1099:14 1139:17 1145:4
1176:25 1279:6 1315:20
1352:15
one's 1161:22 1176:9
1199:5,5 1216:9
1222:17 1289:5
ongoing 1123:24
1156:22 1171:23,24
1215:8
online 1092:4,7 1179:5
1193:25
onsite 1157:11 1273:25
Ontario 1365:18
on-site 1062:24 1074:17
1118:8 1242:13 1343:1
1343:17
open 1065:4 1068:1,5
1112:7 1138:1 1211:22
1310:8
opened 1112:11 1153:2

1202:17
opening 1204:1
openness 1065:7
operate 1074:9 1078:13
1126:23 1135:17
1152:12 1155:6 1246:7
1386:19
operated 1080:6 1246:15
1252:16,16,25 1265:21
1265:25 1266:1,2,8
1267:1 1275:5 1345:19
1346:3
operates 1062:22
1345:10,24 1371:23
operating 1068:20
1082:19 1227:6 1228:20
1242:14 1245:20 1264:1
1265:18 1268:10
1363:18 1372:17
1381:22
operation 1056:22
1062:21 1077:7 1089:9
1090:7 1118:9 1124:22
1125:17 1153:18
1155:13,21 1157:2
1175:12 1177:17
1218:19 1219:13
1245:15 1266:24
1277:23 1310:12 1368:4
1368:16,17,18 1386:10
operations 1057:14
1060:16 1067:19
1074:12 1075:17
1077:22 1078:6,10
1079:20 1081:24
1085:17 1117:2 1126:8
1158:20 1245:22 1268:8
1368:24 1375:4
operator 1063:19 1064:1
1136:21
operators 1159:14
operator/applicant
1307:6
Ophir 1085:19
Opila 1119:8 1149:9
opinion 1062:3 1063:9
1100:11 1133:1 1136:4
1171:6 1190:5 1213:7
1230:14 1243:24 1244:2
1244:17,18,19,20
1255:10,25 1256:8

1273:20 1274:25
1297:22 1328:1 1378:13
1383:2
opinions 1102:2 1227:1
1227:3 1379:17
opportunities 1085:13
1091:2 1108:23 1138:2
1138:13 1205:25
opportunity 1064:24
1065:8 1080:20 1084:11
1089:15 1104:20,21,21
1137:11 1154:20 1162:8
1169:12 1170:16 1172:1
1172:22 1207:22
1208:19 1260:11 1319:6
1332:1
oppose 1061:15,24
1074:5 1220:13
opposed 1056:18,21
1065:19 1078:5
opposite 1172:6
opposition 1129:9
1135:6
optimistic 1074:20
1282:13
option 1150:9 1219:20
options 1073:1 1250:25
oral 1053:7,17 1054:16
1055:9 1090:21 1152:21
1172:21 1231:11,13
1301:13
orally 1083:25
orange 1069:10 1203:10
1291:2
order 1056:11 1065:8,11
1068:17 1153:23
1173:24 1286:15 1288:6
1322:14,15,16 1323:12
1325:8 1362:11 1365:4
1365:10 1381:11
1382:19
orderly 1070:1
ordinary 1216:20
ore 1056:23 1062:23
1067:11 1079:16,24
1086:6,24 1087:8,10
1099:21 1100:1 1103:9
1103:10 1113:22 1114:1
1118:4 1121:8 1124:1
1124:16 1125:9,17
1146:5 1147:24 1200:5

1200:5 1237:11,14,18
1237:23,25 1238:4,7,13
1239:4,23 1246:10
1247:9,12,15,17,18,20
1247:21 1250:4 1251:5
1253:4 1256:3 1258:22
1259:17 1298:2 1336:3
1336:19 1338:15,16
1352:22 1365:6 1367:19
1369:14,15,17 1370:13
1371:2
ores 1246:3 1247:12,13
1247:16 1248:2,10,25
1248:25 1250:6,13
1255:16,20,23 1256:2,4
1256:6,7,20 1257:1,5,7
1257:7,13 1258:2
ore's 1336:23
organic 1226:20 1328:10
1328:11 1330:20,21
organically 1155:1
organization 1065:15
1201:20 1221:8
organizational 1216:18
organized 1376:24
organs 1199:14 1202:8
1202:21
original 1135:5 1163:17
1163:17 1168:16
originally 1132:4 1181:8
1275:4
originated 1162:14
Osborn 1350:23 1351:11
osteoporosis 1199:21
Ottawa 1365:18
ought 1095:24 1127:17
1379:20
Ouray 1056:17 1061:23
1124:10
outcome 1162:2 1170:12
outcomes 1161:22,23
outcrop 1239:24
outdated 1119:5 1213:10
outdoor 1384:1
outdoors 1181:13
outgoing 1157:17
outline 1373:18 1375:5
1378:8
outlook 1084:16
outmigration 1137:19
outmoded 1114:21

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

outreach 1360:23
1379:15
outright 1220:9
outside 1118:10 1151:9
1154:23 1229:17
1235:14 1236:16 1254:6
1386:1
outsiders 1175:9 1180:25
1205:20
outweigh 1130:25
outweighed 1331:14
out-of-town 1205:1
ovaries 1199:15
overall 1117:12 1158:25
1286:2 1292:23 1384:9
overallocation 1191:17
overarching 1146:24
1150:16
overdesign 1371:16
overlaid 1375:5
overlooks 1133:8
overly 1074:20
overreacting 1332:15
overseas 1219:17
oversee 1160:11
oversight 1069:1
1177:12 1178:14 1179:5
1179:18
overworked 1196:15
Owing 1123:23
owl 1205:11
owned 1253:22 1280:24
1300:6 1313:7
owner 1064:1
owners 1078:11 1107:1
1128:11
ownership 1069:12
1126:19,19
owns 1067:2,4 1283:3
oxide 1180:5,6
o'clock 1173:20 1231:18
P
P 1053:1
Pacific 1205:7
package 1116:8
packed 1210:3
page 1051:3 1085:1
1086:4 1115:7 1152:22
1179:6 1226:1 1228:15
1228:22 1229:5,10

1272:10 1337:25
1338:19 1349:5 1356:6
1356:21
pages 1051:2,2 1225:25
1226:4
paid 1078:3 1121:7
1126:1 1159:24 1169:15
1175:2 1249:3,17
pan 1140:19,24
Pandora 1246:7 1257:15
1257:18
Paonia 1122:8
paper 1179:24 1272:9
papers 1315:11
Paradox 1084:25 1085:1
1085:10 1091:8 1114:8
1122:7 1123:18 1130:6
1130:20,23 1136:12
1143:18 1147:18 1152:7
1154:21 1174:19 1189:2
1215:25 1216:2 1250:1
1278:15 1363:9 1367:1
1384:5
paragraph 1272:17
1273:17 1310:17
parameters 1268:23
paraphrase 1262:19,21
parcel 1142:4
parcels 1288:20 1289:19
Pardon 1356:17
parent 1235:24
parents 1106:7
park 1229:16
Parker 1061:21,22,23
1089:12,13,13 1090:16
1207:20,21 1208:17
parks 1210:11
PARSONS 1049:12
part 1060:17 1071:25
1081:1 1094:21 1103:11
1113:19 1114:6,7
1116:12 1119:19 1120:1
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1169:7 1171:11 1175:12
1175:21 1180:8 1181:21
1182:3 1199:7 1201:14
1215:14 1234:18,22
1235:13 1243:20
1246:19 1247:5 1258:9
1262:5 1263:2 1268:13
1277:7 1287:19 1290:8

1297:5 1305:8,22
1309:16,18 1311:7
1317:9 1322:8 1325:10
1327:24 1331:13
1334:19 1338:4 1339:5
1342:1,20 1344:2
1346:11,16 1347:9
1349:13 1353:1 1354:22
1355:22 1376:4
partial 1349:9
partially 1280:20,20
1319:20
participate 1068:14
participating 1150:4,6
participation 1068:15
1229:19,24
particle 1162:19,21
1199:22
particles 1059:16
1072:18 1078:20
1113:14,24 1162:9
1179:7,8,8 1199:4
particular 1086:3 1097:4
1101:13 1158:18
1170:19 1176:14 1186:7
1189:7,22 1190:9
1194:17 1195:4 1246:19
1276:11 1302:1 1333:22
1360:1
particularly 1053:25
1061:9 1124:11 1161:3
1239:4
particulate 1078:22
1154:13
particulates 1156:23,25
parties 1048:16 1055:14
1065:17,19 1167:24
1364:16 1388:13
partner 1077:11
parts 1059:20 1122:25
1195:18 1234:10
1314:17
party 1050:3 1315:15
pass 1071:19 1130:18
1379:23
passed 1108:6 1110:17
1184:23 1185:14
1189:13
passing 1140:10
paste 1308:15,18,24,25
1309:8,23 1310:18

1311:13,21 1312:21
1313:3
pasture 1155:11,12
patent 1139:11
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pathways 1113:23
1114:7 1372:9,10
patience 1344:23
patient 1198:16 1203:4
patients 1108:4
patronized 1179:9
patted 1179:10
pattern 1060:3 1062:22
1070:6,9
patterns 1078:16 1108:2
1138:12
pay 1063:21 1073:11
1169:24 1175:14
1188:14 1201:15
1229:14 1249:6,15
1371:18
paying 1064:3 1072:21
1076:17 1115:25
1169:21 1219:22
pays 1057:20 1169:3,11
1358:15
PCB 1153:22
PDF 1055:24
peaks 1078:18
penetrating 1140:5
penny 1126:2
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1054:19,22 1055:9
1061:13,14,15,15,19
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1090:20 1092:24
1097:15,19 1098:7,9
1100:6,12 1101:6,11
1108:18 1110:18 1111:8
1111:17 1117:14,16
1123:5 1125:13 1129:16
1129:20 1131:2,10
1132:22 1133:4,10,22
1133:24 1134:3,5,7
1135:15,18 1136:2,2,9
1137:21 1138:3,15
1139:20 1140:21
1142:24 1143:6,7,8,22
1144:22 1145:3 1146:23

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

AGREN BLANDO COURT REPORTING & VIDEO INC

1147:2 1150:4,20
1151:7 1152:11 1161:4
1161:17 1162:18,24
1163:12,18,19,20
1164:2,3,3,21 1165:14
1166:20 1169:14
1172:13 1173:9,14,14
1173:15 1174:3,8
1175:2,7,10,11,20
1176:6,11 1180:17
1181:19 1182:16,25
1184:20 1185:19,25
1186:2 1187:18,20
1189:3 1190:4,13
1194:24 1195:12,24
1196:2,4,7,9 1197:9,16
1197:16,25 1198:4,17
1198:18 1200:7,11,18
1201:6 1202:25 1203:13
1203:24 1204:3,10,12
1204:19 1206:12
1207:17 1208:23
1209:20,21,24 1210:1,7
1210:14,16 1211:3,5
1212:2,7,10 1213:1
1220:16 1221:4 1227:15
1229:1,2 1233:8,8
1234:6 1236:10 1241:8
1242:4,18,21 1245:24
1249:15 1255:24
1256:19 1259:10
1261:15 1263:25 1264:9
1268:5 1291:11 1292:14
1292:23 1293:2,9
1294:13 1295:23 1296:3
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1301:24,25 1305:20
1330:9 1359:2 1367:22
1374:20 1379:20 1381:9
1381:18
peoples 1119:24
people's 1140:12,12
1198:25 1386:3
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1103:3,18 1111:16
1138:9,11 1141:15
1145:17,17,18,19,20
1147:19 1149:2,16
1152:15 1171:10
1201:22,22,24 1306:1,4

1306:24 1307:1,4
percentage 1101:10
perception 1109:21
1360:16 1361:2 1362:2
perceptions 1105:5
1360:4
perfect 1174:25 1295:15
perform 1125:23
performed 1138:10
period 1058:7 1092:15
1099:6 1183:12 1185:8
1236:15,22,23 1238:21
1238:22 1262:7 1265:19
1270:16 1271:16 1282:4
1287:13 1318:18 1341:2
1342:3,8 1345:16,20
1347:6
periodically 1278:5
periods 1063:5 1181:20
1247:23
peripheral 1099:25
permanent 1072:24
1085:12 1227:8
permanently 1072:16
permissible 1113:1
permission 1068:17
permit 1057:6 1058:1,12
1058:16 1059:1 1076:10
1082:7 1085:22,25
1086:2,5,19 1087:11
1088:1,4,6 1089:2,7,7
1093:4 1097:11 1122:5
1129:10 1160:15
1206:23 1213:11
1264:17,19 1281:5
1282:6 1286:6 1287:6
1287:18 1288:7 1319:17
1319:18 1324:14
1327:19 1330:8 1336:7
1336:8,20,24 1345:19
1368:19 1370:4 1371:13
1386:8
permits 1270:11 1317:18
1328:24 1358:3 1372:1
permitted 1114:12
1180:19 1216:15 1267:2
1283:6 1305:24 1347:4
permitter 1235:6 1385:8
permitting 1058:23
1059:7 1060:5 1061:16
1089:11 1097:10 1103:7

1195:4 1264:11,14
1266:16,24 1280:15
1282:4,5 1301:1 1314:4
1318:20 1319:4,9
1325:13 1332:14,19
1333:3 1335:6 1337:13
1354:1 1359:25 1360:19
1369:24 1374:21,25
1381:8 1382:3 1385:23
perpetuity 1189:5
1191:12 1192:8,11,19
1194:12 1197:23
perplexing 1109:3
person 1075:21 1100:15
1110:8 1145:19 1162:22
1167:5 1173:6 1179:17
1187:21 1196:25
1198:15 1203:5 1236:8
1245:13 1255:25
1269:12 1290:22 1293:7
1309:25 1348:17
1355:25 1359:6
personable 1177:14
personal 1059:14
1065:21 1098:24
1127:20 1176:5 1200:15
1208:25 1255:9,25
personally 1097:13
1146:4 1147:4 1151:10
1153:25 1204:1 1212:11
persons 1061:7,11
1245:10
perspective 1058:23
1065:21 1112:19
1116:16 1331:10
perspectives 1129:8
pertaining 1106:18
1115:21,22
pertinent 1223:20
Peterson 1290:15,16,17
1290:18,22,25 1291:4,5
1293:21
Ph 1270:2,12
pharmaceutical 1061:10
phased 1310:12,18,21,25
1311:6,7,8,17
PhD 1050:2
phenomenon 1366:25
Phil 1119:5 1306:11
Phillips 1198:9,10,10
phone 1168:24 1213:21

1213:23 1214:2,5,10,13
1224:5 1293:19 1307:10
1332:23
phonetic 1197:14
phosphorus 1199:24
physical 1060:25
1109:22 1280:4 1283:9
physician 1128:3
physicist 1060:7
physicists 1375:25
pick 1111:23 1163:4
1303:8
pickaxe 1200:4,14
picking 1187:3
pickup 1371:5
piece 1180:14 1279:23
pieces 1106:2 1174:6
pile 1070:24 1071:24
1072:3,6,13 1271:2
1274:2 1298:11
piles 1076:21 1095:5
1098:20 1302:6
piling 1243:9
pillows 1203:18
pilot 1181:24 1182:1
Pinon 1048:6 1051:13,17
1051:24 1052:4 1053:4
1061:16 1062:21 1067:5
1068:11 1074:5 1077:13
1078:20 1079:3,14,17
1080:15 1085:3 1086:13
1088:18 1091:17,24
1094:15 1102:20 1104:3
1104:24 1112:18,19
1115:1 1120:5 1123:17
1132:15 1145:15
1154:21 1158:8 1160:4
1178:6 1215:10 1220:14
1220:24 1226:15 1231:2
1248:14 1278:10 1279:8
1279:9,10,14 1283:22
1309:13
Pioneer 1278:24 1282:15
1283:9,12
pipeline 1335:11
1342:10 1343:3
pipelines 1342:16
1353:16
Pirazzi 1152:6
pit 1068:1
pitted 1292:25 1296:2

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

pitting 1291:10
place 1072:19 1073:14
1084:25 1085:2,10
1086:17 1094:22
1095:23 1112:12
1114:16 1115:2 1127:25
1128:7 1131:3 1144:15
1154:8 1163:21 1168:13
1169:9 1187:24 1196:23
1206:1 1207:5 1210:21
1223:21 1260:19,22
1272:6 1276:11,12,13
1294:9 1295:17 1388:8
placed 1091:14 1106:20
1136:19 1341:16
Placerville 1133:1
1147:8,25
places 1068:24 1084:18
1109:7 1114:22,25
1136:4 1221:11 1292:19
1304:11
plague 1218:6
plain 1216:25
plan 1051:17 1057:19
1098:19,22 1106:20
1123:20 1124:15,24,25
1125:10,12,24 1126:25
1189:7,11 1190:10
1218:15 1276:6,7,9,11
1276:14,15,20,22,24
1320:3,7 1321:12
1322:3,12,14,16,22,25
1323:9,10,24 1324:4,6
1324:11,20,21,24
1326:4 1334:7,11,12
1348:2 1361:15 1372:17
1381:12,21,22,23
1384:1
planet 1296:7 1300:2
planned 1077:4 1093:1
1345:10 1346:3 1361:16
1382:15,20
planner 1306:9,17
planning 1071:1 1103:7
1174:16 1176:17
1363:12 1380:2,6
plans 1073:14 1087:13
1113:22 1136:15
1189:16 1242:6,7,9
1257:17 1325:25
1326:17,21 1334:13

1372:20 1383:19
1384:20 1385:9,9
1386:2
plant 1087:18,22 1092:7
1092:10 1097:7 1123:23
1136:21 1155:7 1189:18
1190:20 1192:3 1194:7
1212:9 1265:10,18,20
1265:25 1268:24
1270:22 1298:10
1301:23 1372:25
plants 1084:22 1092:2,4
1159:9 1171:22 1182:25
1183:1 1194:5 1208:21
1212:22 1268:22 1298:2
1301:10
plastic 1080:4 1222:5
plateau 1246:3,10 1247:9
1247:11 1248:2,25
1257:13 1258:1
play 1115:8 1138:20
1166:5 1181:21 1216:4
1354:21,24 1355:3
player 1155:22
please 1064:15 1073:12
1136:23 1177:3 1205:3
1220:22 1221:2 1234:15
1248:19 1267:21 1269:4
1269:16 1272:17
1317:20 1326:7 1333:14
1337:22
pleased 1064:24
plume 1069:10 1346:22
plummeting 1215:7
plus 1088:19 1091:23
1092:21 1155:21
plutonium 1199:17
1303:6
PL-AR 1272:10
pockets 1126:16,21
point 1055:8,22 1057:22
1099:5 1118:22 1144:3
1144:6 1162:16,23
1168:24 1170:5 1171:16
1191:17 1192:8,20
1195:8,20 1202:1
1204:25 1205:18 1209:9
1218:13 1219:4 1231:18
1235:25 1236:24
1251:15 1256:5 1261:18
1262:11 1270:14 1272:3

1291:8 1292:21 1305:14


1305:14 1332:18 1358:7
1362:21 1375:14
points 1061:25 1119:15
1225:13
poisoned 1223:4
poisoning 1194:24
poisonous 1072:5
poisons 1060:20 1193:10
pole 1284:22 1285:3
police 1177:9 1381:8
policies 1220:6
policy 1184:25 1201:1
1337:14
politically 1097:14
pollute 1075:20 1085:18
polluted 1078:13
1208:12,12,12,13
polluting 1101:24
pollution 1059:23
1060:13 1117:19
1165:16 1319:5,10
1327:7,11,14,15,17
1328:7 1330:16 1369:6
1369:24 1370:1 1372:1
1372:14,21,24 1385:13
pollutions 1215:18
pond 1096:9,15 1114:17
1342:11 1383:9
ponds 1076:2 1080:2
1096:8 1124:6,8
1146:18 1192:5 1310:13
1345:17
pool 1146:18 1258:12
poor 1078:1 1125:24
1126:13 1133:9 1238:8
populace 1144:10
population 1088:20
1123:5 1138:4 1149:16
1152:15 1184:17
portion 1071:17 1096:15
1270:21 1274:24
1339:22 1357:2 1362:18
1375:10
portions 1253:7
pose 1242:2
posed 1271:8
poses 1129:10
position 1062:20
1119:16 1143:4,6
1253:8 1261:11 1263:13

1355:15 1376:12
positively 1145:17
possibilities 1278:3
1324:18 1343:16
possibility 1138:17
1304:9 1334:17 1347:23
1362:15 1381:4 1384:21
possible 1057:23 1061:4
1079:3 1089:17 1100:13
1109:23 1110:24 1124:3
1156:18 1163:23 1185:3
1189:18 1228:2 1303:1
1304:5
possibly 1088:5 1126:14
1191:19 1200:25 1254:2
1257:3 1271:18 1302:16
1325:21 1330:11
1334:21
post 1220:5
postcard 1177:21 1178:2
posted 1300:19
potable 1074:13 1079:4
potassium 1199:16
potential 1051:14
1071:13 1081:5,7
1113:9 1114:15 1117:2
1123:18 1142:1 1192:2
1217:4 1227:25 1238:25
1242:19 1274:13
1275:20 1276:17
1279:22 1289:19
1295:21 1304:4 1309:14
1324:21 1335:17
1339:12,18 1363:1
1381:14
potentially 1126:7
1237:16 1352:20
poultry 1155:7
pound 1218:16,22 1219:3
1219:8 1246:14
pounds 1306:1
pour 1153:24
power 1084:22,24,24
1092:8 1123:10 1138:6
1142:11 1146:9 1159:9
1171:22 1182:24 1183:1
1183:3,21 1195:6
1208:21 1212:9,21,22
1222:13 1284:22 1285:3
1298:1,10 1301:10,23
powerful 1179:5

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

PowerPoint 1324:19
Powers 1112:1
PPE 1201:3
PR 1278:10
practical 1259:1 1385:20
practicality 1300:2
practice 1157:16 1249:24
1249:24 1352:1,4
practices 1082:5,17,24
1083:5 1093:11,12,16
1104:8 1308:6
Pray 1330:1,8 1331:3
1385:4
pre 1108:13 1154:6,7
precautionary 1061:18
precedence 1064:9
precious 1094:25
precipitation 1343:5
predict 1095:6 1202:16
predictor 1063:25
predispose 1170:19
predisposition 1169:21
preface 1131:23
prefer 1207:7
preferably 1061:17
preferred 1273:24
pregnant 1217:16
preliminary 1335:10
1343:16 1351:22
premature 1127:17
premise 1055:18
preparation 1314:11
1376:9
prepare 1235:15
prepared 1051:21 1191:8
1234:5 1321:21 1322:1
1351:15,17 1376:3
prepares 1321:19
preparing 1125:1
1230:16 1351:14
presence 1129:19
1138:17
present 1053:10 1063:8
1096:25 1100:7 1106:24
1107:17,24 1138:13
1212:18 1297:12
presentation 1240:5
1334:15
presentations 1239:15
presented 1141:6
1166:19 1240:22 1377:9

presenting 1170:13
presents 1094:17
present-day 1132:2,7
preservation 1094:24
1235:11,13 1237:7
1356:16,19 1357:5
preservatives 1060:23
preserve 1089:23
1269:23
preserving 1117:13
president 1145:10
1151:24 1165:18
1198:11 1245:18
press 1051:8 1246:17,22
1247:5
pressing 1095:3
pressure 1070:2 1197:6
1220:15
pressured 1070:17
presume 1322:20
pretty 1183:25 1186:13
1191:3 1195:21 1245:23
1328:20 1332:17
1336:24 1361:18
1365:14 1367:12,24
1376:18 1383:4,5
1385:11
prevailing 1123:23
1130:5
prevent 1062:10 1080:8
1099:8 1229:4
preventing 1361:18
previous 1161:18
1362:23
previously 1090:20
1214:22 1231:25 1232:4
1250:11 1358:12
price 1082:22 1105:12
1109:1 1114:2 1123:24
1124:2 1126:3 1159:19
1184:16 1218:21,25
1219:2 1246:13 1247:23
1324:13 1325:4 1336:2
prices 1087:19,20
1218:20,25 1247:25
1248:4
pride 1127:24
Priestley 1048:23 1388:4
1388:20
Primarily 1156:20
primary 1095:17 1146:6

principle 1061:18
print 1061:2 1084:5
printed 1227:21
prior 1148:25 1149:20
1161:2 1210:17 1330:19
1380:24
Priorities 1132:3
priority 1120:22
prison 1196:25 1197:3,3
pristine 1292:20
pristineness 1181:14
private 1065:21 1073:3
1151:17 1159:8 1173:25
1189:21,23,23 1201:1
1273:3 1280:20 1281:8
1284:7 1286:9,19
1352:15,16
privy 1176:1
pro 1386:1
probability 1057:12
1059:4
probably 1074:23 1089:4
1093:24 1108:10
1114:24 1142:6 1164:3
1171:2,10 1181:9
1188:18,19 1197:5
1199:17 1235:22
1241:12 1258:18
1261:14 1280:7 1285:17
1287:13 1292:7 1293:3
1293:4,4 1298:3
1300:18 1307:16 1321:1
1321:2 1324:20 1325:2
1334:19 1339:5 1354:5
1365:14 1367:19,20
1368:1 1376:6 1377:21
problem 1067:24
1093:19,22 1094:1
1109:17 1124:20 1132:1
1132:2 1146:12,23
1147:20 1148:16
1166:22,23 1167:7
1180:12 1189:22,23,24
1190:1,2 1216:7
1269:12 1301:19,24
problematic 1075:11
problems 1066:6
1067:16 1081:7 1161:12
1165:15 1167:10
1172:10 1194:11
1199:19 1202:10,10

1206:13 1216:15 1218:6


1220:19 1225:10
1362:23 1382:24
procedure 1095:24
1127:13 1196:2 1332:10
procedures 1095:20
1242:8,9,10 1381:15,16
proceed 1125:8
proceeding 1234:14
1260:4,6 1261:19
1272:24
proceedings 1262:25
1314:14 1387:19 1388:7
process 1053:6,17
1058:24 1060:5 1065:4
1065:18 1067:8 1073:16
1077:5 1078:2 1079:21
1079:24 1080:14 1087:4
1088:23 1089:7,8
1091:6,10 1092:15,16
1092:18,21 1095:4
1096:16 1097:10
1114:13 1115:9 1117:4
1117:25 1118:7 1119:15
1123:25 1125:18
1127:16 1128:5 1139:13
1152:21 1169:8,18
1170:3,25 1171:12,13
1171:20,23 1172:7,21
1173:9 1174:16 1176:14
1176:17 1177:17,19
1178:12 1196:20
1199:11 1221:24 1230:6
1248:10 1249:4,16,17
1256:5 1257:13 1258:1
1261:10 1281:11
1282:10 1287:10 1288:9
1301:1 1307:2 1328:2
1328:19 1330:23
1331:12 1332:13,14,17
1333:25 1344:20
1353:15,22 1358:13
1362:23 1372:20
processed 1086:24,25
1103:11 1118:17
1229:10 1258:15 1306:2
1307:4 1330:2
processes 1128:9 1291:8
processing 1056:22
1066:13,16 1079:8
1086:6 1087:10 1088:18

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Denver (303) 296-0017 Boulder (303) 443-0433 Colorado Springs (719) 635-8328 Greeley (970) 356-3306

AGREN BLANDO COURT REPORTING & VIDEO INC

1092:19 1098:20
1099:19,21 1100:4,10
1103:13 1114:11,12
1120:9 1124:6 1155:7
1195:5 1246:3 1248:7
1248:23 1249:25 1250:5
1253:4 1255:25 1259:4
1281:5,7 1320:3 1327:2
1365:7
procurement 1105:10,17
1107:11
produce 1103:2,21
1114:4 1154:25 1155:6
1218:20 1247:12,15,17
1253:9 1258:18 1317:14
1317:17 1336:3 1383:5
produced 1118:5,24,25
1251:24 1272:24 1325:7
1329:21
producer 1067:1,2
1218:25
producers 1352:20
producing 1258:13
1322:4
product 1079:9 1114:3
1183:23 1188:10,20,22
1188:23 1238:20
1297:24,25 1299:24
1301:7 1353:5 1365:12
production 1086:15
1087:14,16,19,23
1092:5 1155:21,24
1158:3 1159:7 1190:23
1247:7 1248:24 1255:15
1317:15 1320:19 1323:5
1324:22 1325:21
1326:25 1336:4 1368:19
1381:24
productive 1068:6
1073:5
products 1189:21 1301:9
1365:16
professional 1048:23
1129:14,23 1175:3
1388:5
professionalism 1120:3
professionally 1179:25
1275:14
professionals 1100:8
1292:8 1296:4
profit 1070:16 1126:1

1149:13 1188:7 1196:12


1218:16,20 1219:2
1247:19 1291:14,18
profitable 1058:19
1079:21 1084:16
1218:22 1219:9
profit-allowing 1188:6
profit-making 1188:5
profound 1203:15
program 1105:10,17
1107:11 1108:15 1155:3
1155:16 1201:18
1319:16 1328:14 1329:8
1331:7 1336:8 1357:4
programs 1108:17
progressives 1216:9
prohibition 1079:19
project 1049:12 1077:16
1091:7 1094:17 1096:1
1109:12 1112:23 1113:8
1116:6,8,21 1173:17
1176:11 1216:22
1234:10 1235:3 1237:15
1237:19,22 1242:4
1251:8 1255:7 1257:2
1257:10 1263:22
1271:10,11,12,15,16
1273:21 1274:24
1277:12 1280:16 1287:4
1287:25 1316:12
1319:16,18,19 1325:22
1325:25 1328:25 1330:8
1331:2,16 1336:21
1338:5,5 1351:3
1353:13,21,23 1354:17
1354:23 1356:12,13,24
1358:1,2,13,16 1359:15
1360:7,11 1363:4,9
1365:20
projector 1373:3
projects 1331:21 1351:19
1352:17 1359:25
project's 1357:20
promethium 1199:23
promise 1082:13 1106:24
1140:21
promised 1191:22,22
promises 1215:6 1216:3
promising 1217:10
promote 1060:1 1164:14
promoted 1257:4 1300:5

promoting 1079:11
1180:2 1257:6
promotors 1088:6
proper 1173:2 1177:18
properly 1095:3 1170:13
1201:10 1285:14
1332:20 1333:20
1338:10
properties 1067:3 1199:6
1253:12
property 1060:15
1085:16 1110:25 1124:1
1124:5 1126:20 1215:7
1227:14 1239:18 1240:9
1254:3 1279:23,25
1280:6 1285:11,16
1352:17
proponent's 1251:8
proposal 1076:4 1105:5
1113:9 1137:15 1217:3
1231:2 1249:23 1326:1
1330:4
proposals 1230:9
1286:25
propose 1141:21
proposed 1056:20
1063:14,18 1074:7
1075:3,8 1076:20
1077:13 1080:1 1094:15
1095:9,9 1104:24
1130:6 1154:21,25
1156:15 1159:17 1160:4
1160:16 1220:21 1225:5
1225:6,19 1233:11
1256:21 1330:1 1338:5
1369:13 1385:15 1387:1
proposing 1298:22
prosper 1102:5
prospered 1079:10
protect 1058:14 1060:1
1060:10 1064:17
1069:24 1070:15,17
1089:22 1097:5 1105:4
1122:3 1123:21 1131:16
1131:19 1162:1,16
1166:3 1170:9 1185:18
1187:24 1189:19
1190:10 1196:10
1197:17 1216:20 1222:8
1222:22
protected 1109:1

1124:18 1139:2 1222:5


1368:12,12
protecting 1061:7 1064:7
1117:13 1122:1 1191:2
protection 1078:14
1109:15 1117:17
1166:13 1200:16
protections 1157:16
1187:25
protective 1116:8
protects 1064:12
protesters 1211:18
protocol 1055:18
prove 1061:17,18
1072:11 1076:11
1202:24
proved 1111:16
proven 1079:20 1080:4,9
1131:25 1155:20 1189:4
1197:12
provide 1061:13 1075:5
1088:17 1124:19 1164:2
1220:3 1224:25 1228:9
1234:20 1249:25 1258:3
1258:6 1308:5 1346:6
1346:13,17,20,24
1352:8
provided 1061:3 1111:19
1136:13 1227:20
1230:21 1233:23
1234:13,18 1264:17
1270:1 1316:11 1317:6
1317:8 1347:3,8,24
1348:1,11,20 1350:9
1355:20 1375:2 1378:18
1378:25 1380:20
providing 1117:16
1155:14 1158:4 1372:24
provision 1114:5
proximity 1280:11,23
psychology 1227:15
public 1048:25 1049:24
1051:2 1053:5 1054:14
1054:16 1056:4,7
1057:6 1059:25 1060:1
1060:3 1065:5 1068:13
1068:15 1070:14
1083:12 1091:2,4
1095:14,16,22,25
1103:16 1104:22
1105:20 1108:25 1109:3

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

1113:10 1115:24,24
1116:8,20,25 1117:17
1119:13 1120:2,8,23,24
1121:22,24 1122:1,4
1123:11 1124:20
1129:11 1130:11
1136:16 1140:15 1158:1
1166:10,11 1168:24
1169:13 1172:21
1176:21 1177:1,4,7
1184:5 1189:15 1197:2
1213:8,14,20 1216:13
1228:23 1229:19,23
1230:11,19 1231:11,13
1240:3,22 1250:24
1261:19,24 1269:21
1278:13 1293:16 1297:8
1297:14 1301:13,19
1305:20 1307:10 1313:1
1315:10,14 1319:12
1352:12 1360:4,15,23
1361:2 1362:2 1375:12
1379:15,15 1380:15
1386:1 1388:6
publicize 1164:8
publicly 1315:24 1316:2
public's 1229:21 1230:15
Puerco 1298:6,15,17
pulling 1293:15
pulls 1206:18,19
pulmonary 1154:4
pulverized 1221:20
pump 1335:11 1342:4,9
1342:13
pumping 1335:10
1354:25
pump-back 1277:19
pun 1134:1
purchase 1109:23
purchased 1355:7
purchasing 1138:6
purely 1066:9
purpose 1116:19 1208:22
1296:20
purposes 1099:22 1381:8
PURSUANT 1048:16
pursue 1215:3
pursuing 1088:3
pushing 1188:9
put 1053:11 1054:8
1106:1 1120:21 1139:24

1144:25 1153:24
1156:13 1180:3,20
1187:24 1189:8,9,11
1196:20 1197:25
1198:24 1203:18 1218:3
1219:2 1269:8 1276:9
1281:7 1285:10,13,18
1286:6 1306:12 1309:6
1319:15 1332:23
1333:21 1342:2,19
1359:4,13 1372:15,16
1374:17 1375:16
1376:14,23 1377:6,16
1379:10,12 1382:21
1384:14,20
puts 1156:15 1174:7
putting 1072:21 1164:11
1189:17 1193:12
1195:12 1247:25 1272:3
1286:24 1332:21 1351:2
1351:18 1375:1 1384:22
puzzle 1106:1 1174:7
puzzling 1174:13
pyramid 1180:9
p.m 1198:8,8 1231:20,20
1290:12,12 1344:21,21
1387:19
P.O 1049:13
Q
Quade 1093:6,7
qualifications 1350:5
qualified 1108:14
qualify 1108:8 1244:11
quality 1060:14 1086:18
1091:8 1092:24 1093:1
1105:1 1117:16 1133:9
1190:12 1194:5 1265:12
1265:12 1292:11,12
quantifiable 1227:13
1228:1
quantified 1121:21
quantify 1226:2 1228:2
quantities 1060:22
quantity 1113:3
quarreling 1307:19
quarterly 1236:4
Queen's 1352:16
question 1096:8 1100:18
1113:4,4 1115:7,17
1116:3,10,24 1117:24

1118:14 1119:2,15
1145:15 1164:4 1171:14
1188:4 1191:13 1219:24
1234:15,16 1236:17
1241:3,4 1243:1
1248:16,19,21 1250:2
1250:16,18 1259:6,16
1269:3 1270:9 1273:19
1274:14 1281:18
1283:24,25 1285:22
1300:14 1313:14,21
1315:17 1317:20,21,23
1318:11 1321:8 1323:9
1323:16 1324:4 1327:23
1333:8,9 1334:2,9
1337:23 1342:22 1350:1
1356:9 1361:2 1366:5,7
1373:5 1385:22 1386:6
questionable 1166:7
questioned 1360:2
questioning 1095:20
1186:18 1248:13
1266:10 1305:17 1322:6
questions 1055:9,11
1075:2 1095:3,18
1115:3,6 1184:5
1185:21 1190:9,11,11
1211:21 1231:19 1271:8
1300:11 1322:1,10
1323:14,15 1324:13
1333:22 1363:19,23
1364:7,11 1383:1
1387:7
quick 1196:16 1211:1
quicker 1055:7 1249:13
quickly 1102:25 1303:25
quiet 1138:1 1366:18
quite 1070:22 1102:21
1114:1 1149:11,12
1160:21 1171:23
1174:13 1184:12
1243:19 1291:11
1330:15 1377:1
quote 1087:4 1112:20
quoted 1333:11
R
R 1049:2 1053:1
race 1183:11
racked 1069:23
radiated 1132:25 1133:6

1303:9
radiation 1068:22
1096:22,23 1106:18
1108:16 1112:25 1113:2
1115:22 1122:6 1123:4
1128:24 1131:24 1132:3
1139:21 1140:1,3,4,5
1147:21 1157:6 1179:15
1193:11 1194:15
1198:17,22 1199:2,12
1199:24 1203:1 1207:7
1217:17 1223:17 1225:1
1237:10,13,17,23
1238:4,17,22 1239:11
1239:12,16 1240:22
1243:12,21 1264:8
1302:4,6 1327:8,19
1328:14 1329:8 1331:7
1336:8 1375:23 1376:2
radiations 1199:18,22
radio 1099:22
radioactive 1048:6
1057:3,8,15 1062:24
1079:18 1080:2 1096:25
1099:20,21,24 1105:18
1107:5,14,20 1109:19
1111:10,14,18 1112:4
1112:14,22 1113:14
1115:20 1117:8,25
1118:2,7,11 1119:8
1123:21 1124:17
1133:12 1138:18 1162:8
1199:10 1201:10
1202:18 1207:5 1212:14
1212:16 1226:12 1227:7
1227:9,12,23 1241:15
1248:8 1298:7,14
1299:4,5 1301:18
1302:14,17,21 1303:4
1304:11 1306:2,3,10
radioactively 1110:25
radioactivity 1058:6,7,9
1059:4 1121:2,3
1224:10 1306:23
1386:11
radiological 1349:22
radionuclides 1141:20
1180:19 1304:8
radium 1199:22 1265:7,9
1265:16 1270:3,13
radius 1151:8

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Denver (303) 296-0017 Boulder (303) 443-0433 Colorado Springs (719) 635-8328 Greeley (970) 356-3306

AGREN BLANDO COURT REPORTING & VIDEO INC

radon 1068:2,7 1147:21


1147:23 1148:2 1153:5
1153:9,13 1154:12
1180:20,23 1215:22
1238:10 1271:1 1288:7
raffinate 1330:19
railroad 1085:2
rain 1180:23
rainwater 1095:7 1193:1
raise 1056:4 1323:5
raised 1095:18 1144:12
1204:14 1212:13
1353:20
ramp 1324:1
ran 1147:9 1194:25
ranch 1143:16 1294:9
rancher 1155:11
ranchers 1147:17,18
1215:20
ranching 1133:18 1134:6
1158:20 1175:11
1226:20 1295:21
Randy 1061:21,23
range 1187:4,5 1295:22
1337:2,16 1347:21
ranger 1181:12 1186:22
1186:25
ranges 1121:11 1241:8
rapid 1082:7
rare 1104:21
rate 1075:5 1085:5
1087:16,21 1110:18
1114:14,19,21 1125:20
1241:22 1370:12
rated 1159:10
rates 1327:2 1368:19
rating 1200:9
rational 1056:11
ravages 1060:11
raw 1086:23 1087:8
1096:16 1205:16
Ray 1150:19
reach 1121:17 1233:5
1235:25 1250:15
1347:15
reached 1123:4 1152:10
1347:13
react 1198:17
reacting 1364:15
reactor 1108:16
reactors 1103:6

read 1054:7,15 1077:10


1100:14 1112:8 1116:22
1143:25 1179:23
1186:12,18 1228:10
1243:19 1248:18
1261:21 1267:21
1272:14,16 1285:1
1310:2 1313:2 1317:19
1317:21 1318:19
1329:20 1331:25 1332:1
1335:7 1337:24,25
1338:23 1339:5,22,24
1349:12 1368:5 1371:20
readable 1054:4
readily 1219:14
reading 1054:6 1115:4
1176:1 1182:20
readings 1128:5,8,25
ready 1083:20 1127:18
1149:2 1261:16 1296:12
reagent 1367:20 1371:1
real 1061:13 1080:9
1105:15 1109:15 1110:4
1110:13 1158:25
1176:12 1182:21 1188:9
1190:9,11 1193:15,16
1193:16 1196:16
1201:25 1206:3 1211:1
1217:17 1218:5,23
1226:10,13 1227:22
1283:12 1292:14
1301:20 1303:3 1328:4
1328:5,6 1359:19
realistically 1259:9
reality 1063:9 1109:20
1111:9 1141:12 1207:2
1207:3 1224:14 1261:7
1301:21
realize 1068:21 1097:22
1169:9 1287:1
realized 1291:6
really 1064:25 1066:7,21
1066:23 1067:5,6
1070:7,12 1073:25
1074:20 1098:8 1100:6
1104:22,22 1105:9
1106:22 1134:7 1140:17
1143:5 1151:18 1154:10
1161:6,7,16 1162:2
1163:3,3,8,8,17,20
1164:4 1166:16,25

1172:12 1175:22 1180:4


1182:17,20 1183:5,15
1184:6 1185:17 1187:18
1187:25 1188:4,12,24
1190:17 1191:23 1192:1
1192:23 1193:23
1194:21 1195:10
1196:10,17 1198:15
1202:14,24 1206:2
1215:24 1219:18
1224:12 1226:16,18
1230:24 1242:20 1250:2
1255:6,8 1256:24
1275:9 1288:15 1291:7
1291:15,19,24 1292:5
1292:10 1293:3 1294:18
1296:1 1304:22 1307:7
1318:10 1330:23
1353:14 1363:20 1366:2
1370:5,23
Realtor 1109:25 1110:7
1134:17 1135:19
Realtors 1110:15
Reams 1145:8,9,9
1151:24
rear 1120:13
reason 1065:7 1068:10
1088:3 1094:21 1159:8
1160:15 1168:2 1170:2
1182:15 1208:20
1260:16 1261:4 1283:12
1285:7 1289:16 1297:11
1297:24 1317:25 1318:3
1336:15
reasonable 1058:21
1092:8 1216:23 1330:3
1338:8,9
reasonably 1058:22
1324:23,25 1328:21
reasons 1058:25 1074:6
1074:22 1087:25
1102:22 1104:14 1126:9
1145:24,25 1174:1
1283:16 1304:18
1368:22 1370:13
RECA 1106:12 1108:14
1175:2
recall 1173:18 1239:10
1245:11,12 1252:12,14
1254:17 1265:4 1267:24
1312:25 1313:25

1318:10 1320:17,21
1322:15 1330:7 1332:20
1332:22,25 1335:19,21
1342:15 1348:3,23
1354:8 1360:2,5 1361:6
1364:8 1369:9 1371:25
1382:25
receive 1095:10 1108:11
1124:3 1132:17,18
1214:15 1249:3 1282:16
1348:18
received 1053:5 1090:19
1117:9 1168:24 1178:4
1268:5 1269:11 1282:19
1350:21,25
receives 1269:12
receiving 1108:15 1229:6
1307:7
recess 1120:16 1198:8
1231:20 1290:12
1344:21 1387:17
recharge 1074:21,22
1075:4
reclaim 1107:3,8
reclaimable 1383:2,3
reclaimed 1072:23
1106:16
reclamation 1051:24
1084:11 1106:21
1107:15 1117:6 1125:15
1273:25 1276:14,15,17
1310:7 1347:12 1353:11
1354:22 1355:4,6,13
1375:5
recognize 1064:4
1067:18 1129:25
1130:22 1147:20
1246:22,23 1267:15
1268:2 1329:14,18,19
recognized 1063:16
recognizes 1357:5
recollection 1243:11,18
1330:12 1332:3
recommend 1090:11
1094:18 1120:5
recommendation 1119:7
1170:15
recommendations
1119:21
record 1053:2,21,22
1056:1 1061:20 1065:6

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

1068:23 1077:10 1078:6


1080:7 1093:8 1132:3
1137:8 1155:20 1158:7
1247:10 1269:18 1272:9
1272:10 1284:9,15,17
1296:21,25 1297:4,6
1309:17,18 1322:9
1323:13 1334:24 1344:4
1348:24 1387:15
recorder 1186:23 1187:4
records 1143:23 1159:5
recourse 1099:14
1157:19
recover 1107:14 1328:9
1331:11
recovery 1374:23
recreate 1206:4 1207:5
1295:7,8
recreation 1079:11
1085:14 1213:3,3,3,4
1226:21,24 1296:5
recreational 1138:2
1147:6
recycled 1125:17
red 1078:17 1130:18
redesigned 1270:23
redirect 1267:4 1387:9
Redlands 1127:24
redox 1146:7
reduce 1188:11 1328:12
1385:14
reduced 1235:17,18
1388:9
reducing 1330:2
reduction 1153:15
Reed 1134:14,16
reels 1382:9
reevaluating 1171:21
refer 1249:19 1285:20
1318:18
reference 1265:1 1315:16
1372:5
referenced 1147:11
referencing 1228:13
1328:3,4
referred 1279:10,12
1306:18 1360:9 1361:3
referring 1119:1 1243:2
1243:6,8 1283:20
1316:4,6 1343:21
1344:5

refers 1096:6 1285:19


reflect 1177:16 1178:14
1251:18,25 1261:7
1262:3
reflects 1251:21
refresh 1237:2 1332:2
1361:5
refurbishment 1253:8
refuse 1140:25
refused 1230:2
regard 1093:12 1095:25
1337:5
regarding 1095:20
1123:17 1189:7 1213:9
1304:5,14 1306:10
1314:19
regardless 1326:22
regards 1120:10 1158:2
1199:1
region 1062:7,19 1063:1
1064:8 1065:22 1066:16
1071:19 1073:8 1078:15
1078:25 1079:10,24
1085:17 1088:8 1104:6
1104:11 1107:12
1108:20 1117:2 1130:1
1131:8 1132:23 1160:20
1161:5 1163:8,12
1164:7 1214:21 1220:16
1220:17 1223:3 1253:4
1300:18 1380:9
regional 1065:16 1117:8
1117:21 1155:2,22,23
1156:12,12 1158:22
1160:3,8 1364:23,24
regionally 1105:1
region's 1079:4 1158:25
Regis 1149:7
registered 1048:23
1139:10 1388:5
regret 1220:25
regs 1096:12
regular 1053:14 1063:4
1096:18 1098:13
1142:15
regularly 1093:15
regulate 1113:7
regulated 1096:11
1117:5 1149:4
regulates 1117:3 1329:4
regulating 1078:9

1276:25 1329:3
regulation 1090:6
1224:20 1262:18
regulations 1064:6,10
1068:2 1086:17,18,21
1098:13 1099:12,13
1103:12 1106:18
1113:18 1115:17,19,21
1115:22 1116:10
1126:17,24 1151:6
1153:19 1154:8 1158:2
1161:10,11 1166:8
1172:4,8,14 1181:22
1184:23 1185:12,16,17
1187:13,14,23 1189:12
1189:25 1197:8 1210:21
1219:15 1220:22
1224:17 1264:8 1266:17
1266:19 1268:19
1336:25 1337:1 1357:15
1374:6 1377:25 1378:1
1386:18,20,22 1387:2
regulator 1120:2 1160:11
regulators 1062:9 1080:8
1216:6,19
regulatory 1057:24
1078:12 1095:20
1107:25 1115:11 1120:4
1127:12 1148:20
1149:10 1168:22
1171:12,20 1216:17
1221:12 1223:16
1268:14 1282:24 1288:1
1374:3
regulatory-driven
1261:10
Rein 1056:13,16
reinstated 1093:4
reissue 1170:16
rejected 1158:9 1273:14
related 1051:16,19
1052:6 1088:11 1093:22
1249:22 1375:21
1388:12
relationship 1069:2
1089:4 1131:24
relative 1057:15 1289:11
1364:11
relatively 1087:19
1367:17
relatives 1174:3,4,9,10

relay 1127:20
release 1051:8 1069:9,13
1077:21 1246:18,22
1247:6
released 1059:16 1094:9
1118:23 1298:13
releases 1076:7
releasing 1062:24
1094:11
relevance 1248:13
1266:10,11 1269:23
1323:11
relevant 1142:8 1262:17
1262:24 1264:3 1266:15
1266:22 1267:2 1276:20
relied 1062:1,4 1159:7
1316:16
relies 1217:6 1264:6
reluctant 1255:9 1281:4
1281:10
rely 1156:4,4 1196:11
1339:21
relying 1087:7 1248:1
1383:12
remain 1080:2 1106:24
1113:16 1227:10
1235:21 1260:19
1316:22
remained 1260:21
1330:17
remaining 1066:15
1280:22
remarks 1070:10 1089:16
1089:18 1204:11
remediate 1278:1
remediated 1110:6
1157:8 1158:10 1277:9
remediation 1074:3
1122:14 1162:6 1221:23
1223:24 1224:23 1277:5
1277:19 1349:21
remedy 1080:9
remember 1178:7
1186:21 1188:18,19
1189:20 1194:1,18
1237:1 1251:11 1257:14
1263:13 1301:9 1304:13
1343:19 1360:6 1361:9
1361:10 1362:9
remembers 1188:16
remind 1366:6

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

reminded 1142:21
1306:20
remote 1255:5
removal 1128:5,9
remove 1092:16 1139:1
1277:20 1330:17
removed 1179:20 1202:8
1202:10
removing 1328:11
renew 1323:10
renewable 1146:7
renewal 1226:8 1227:21
renewals 1230:9
renewed 1103:20
renowned 1294:8
reopen 1209:8
repair 1110:20 1229:15
1365:8
repeat 1099:6 1234:15
1334:2 1337:23 1373:25
repeated 1105:10
1124:13
repeatedly 1115:24
repeating 1070:9
repels 1175:23
rephrase 1346:12
replaced 1084:22
replacement 1119:11
report 1051:10,21
1074:10 1084:4 1107:5
1112:1 1116:7 1132:10
1133:11 1225:13,16,24
1226:8 1230:19 1233:3
1233:9 1236:4,13
1251:2,24 1252:6,7
1255:11 1259:22,24
1260:13,17,21,24
1261:3,21 1262:3,6,9
1267:23 1272:11,22,23
1283:19 1284:2 1289:14
1289:19 1303:13
1308:17 1312:7,11,12
1312:18 1313:12,16,24
1314:2,10,12 1315:19
1316:14 1326:12 1335:6
1339:15 1342:18
1343:12,14,16,21,25
1344:5 1350:10 1369:6
1369:6,7 1371:21
1372:9,10,16 1373:16
1374:11 1375:2,9,11,17

1375:19 1376:3,24
1377:4 1378:21,21,22
1379:2,4,6,11,16
1380:15 1381:3 1383:24
reported 1069:14 1133:9
1153:11 1187:10
1233:15,17,17 1270:15
1299:7 1385:18,20
reporter 1048:23 1054:20
1083:23 1209:22
1248:20 1249:10
1310:24 1341:24 1388:5
reporter's 1048:3
1120:14 1343:7 1388:2
reporting 1268:11
1270:6
reports 1232:24 1254:15
1302:20 1374:2,10
report's 1343:22
repository 1273:9
1304:12 1309:6
representation 1102:19
representative 1356:24
representatives 1052:4
1162:4 1179:11
representing 1209:18
reprocessed 1096:18
reproductive 1199:13
request 1120:5 1231:3
1331:25
requested 1229:25
1262:13 1327:15
1336:14
requests 1071:1 1328:16
require 1074:11 1151:6
1231:5 1255:17 1319:18
1337:1 1369:15 1370:2
required 1062:11
1071:12 1074:9 1095:23
1116:4 1125:24 1126:11
1126:18 1151:7 1159:16
1213:11 1218:15 1226:9
1228:8 1229:13,24
1230:12 1231:4,7
1236:13 1278:1 1281:25
1288:3 1337:16 1370:1
requirement 1068:21
1075:6 1087:8 1122:10
1226:3 1287:7
requirements 1057:7,10
1058:2,17 1093:14

1097:9 1126:12,17
1141:23 1161:21
1210:25 1220:22
1304:25 1357:12
requires 1086:23
1093:15 1094:8 1096:23
1185:1 1200:15 1225:18
1322:19 1349:17
requiring 1100:10
1122:5 1224:22
research 1071:1 1179:2
1226:19,25 1227:5,17
1227:22 1228:6,7
1301:17
researched 1057:11
1178:19 1179:6
researching 1173:19
resented 1206:2
Reservation 1112:5
reservations 1164:20
reservoirs 1157:4
reside 1094:20
resided 1124:14
residence 1134:17
1367:24
residences 1071:20
resident 1056:16 1061:23
1065:23 1077:12
1089:14 1123:16 1139:7
1145:12 1160:20
1296:19
residents 1064:13
1072:22 1088:10
1145:16,21 1155:2
1160:8 1210:8,13
1214:25 1240:11
1280:23
residue 1383:13
residues 1087:5 1118:16
resiliency 1156:16
resistance 1164:10
resolution 1102:20
resolved 1362:18
resort 1111:21,22
1150:19 1212:25
resorts 1213:2
resource 1094:25 1097:5
1151:16 1281:9
resources 1048:5 1049:4
1049:8 1071:7 1078:14
1079:7 1083:14 1105:4

1139:9 1224:25 1232:12


1253:12 1314:19
respect 1064:6 1089:21
1092:24 1131:1 1205:5
1377:6
respectfully 1080:17
1091:3 1092:25 1120:4
respirators 1200:16
responded 1385:25
responders 1125:2
1382:1,9
responding 1361:9
response 1125:6 1152:9
1242:7 1243:17 1320:18
1320:23 1322:1 1380:22
1380:24 1381:2,4,10,12
1381:19
responses 1234:13,19
responsibilities 1076:14
1143:21
responsibility 1073:8
1105:3,20 1115:12
1120:23 1121:25
1203:21 1208:18,25
1245:25
responsible 1064:3
1065:16 1117:7 1130:11
1144:24 1221:2 1291:22
1314:11 1329:4
rest 1188:19 1210:12
1222:2 1331:16 1332:2
1332:21,24 1333:21
restarts 1250:5
restate 1250:3
restaurants 1150:12
restitution 1175:3
restricted 1235:15
restricting 1336:5
result 1081:24 1115:4,14
1135:12 1149:10,22
1156:22 1161:15
1182:23 1184:16,17,22
1185:4 1188:20 1194:2
1215:21 1217:20
1224:17 1388:15
resulted 1226:10 1265:10
1313:19 1346:8
resulting 1215:7
results 1058:10 1173:21
1175:14
resume 1296:12

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

resumed 1048:17 1051:5


1308:1 1387:20
resuming 1249:23
retention 1096:8,9,14
retired 1128:14,16
retirees 1137:21 1207:12
retrospect 1280:7,12
return 1065:2
reunion 1106:3
reveal 1161:24
revenue 1063:5 1212:19
revenues 1103:25
reversal 1137:19
reversed 1230:6
review 1091:3 1115:15
1116:6 1119:6,19
1120:4 1143:4 1158:5
1189:15 1196:1 1234:23
1254:16,22 1284:5
1285:4 1333:5 1352:4
1353:17 1359:20
reviewed 1115:16
1177:20,20 1278:6
1327:24 1349:11
1373:20
reviewer 1119:16
reviewing 1115:13
1179:17 1327:18
reviews 1377:8 1383:19
revise 1260:24 1271:7
revised 1230:21,24
1243:17
revision 1231:3,5 1272:2
revival 1138:14
revolve 1093:11
re-invigoration 1138:13
re-licensing 1196:22
re-underscore 1301:5
RFI 1226:11
rich 1111:2
Richard 1048:18 1182:4
1263:7,11
richer 1148:1
Rico 1133:1
rid 1101:25 1178:9
1182:9 1383:13
ride 1295:10
ridge 1048:6 1051:13,17
1051:24 1052:4 1053:4
1061:16 1062:21 1067:5
1068:11 1074:5 1077:13

1078:20 1079:4,14,17
1080:15 1085:3 1086:13
1088:18 1091:17,24
1094:15 1102:21 1104:3
1104:24 1112:18,20
1115:2 1120:6 1123:17
1132:15 1145:16
1154:21 1158:8 1160:4
1178:6 1215:10 1220:14
1220:24 1226:15 1231:2
1248:14 1278:10 1279:8
1279:9,9,10,14 1283:22
1309:13
Ridgway 1070:20
1077:12 1085:19
1089:14 1120:19
1123:15,16,21 1124:10
1129:13 1133:2
ridiculous 1058:3
Rifle 1132:12
right 1053:21 1054:17
1056:2,5,9 1082:8
1100:6 1103:19 1105:3
1108:12 1128:4 1143:19
1144:5 1147:10 1157:13
1160:2,9,24 1165:12
1171:17 1180:10
1191:18 1193:17
1195:16 1196:18,24
1197:20 1201:5 1206:25
1209:15 1212:1 1214:9
1217:11 1219:6 1225:2
1230:1 1232:10 1233:7
1240:7 1246:14 1257:22
1258:17 1259:19
1260:10 1264:4 1266:6
1269:24 1280:8 1288:22
1289:6 1290:13,18
1291:2 1293:4 1294:9
1295:11,16 1296:7,9
1303:17 1314:12
1316:10 1323:18 1325:8
1328:15 1336:2,16
1353:14 1363:16
1366:11 1367:4 1368:20
1378:13 1384:4,12
1385:6
rights 1075:13 1088:15
1088:16 1189:24
1229:21 1230:12 1292:3
1334:17 1339:9,12

1353:14 1355:4,19,22
1383:17
right-of-way 1285:18
rigorous 1177:12
1178:13
ring 1145:1
rinsed 1192:20
Rio 1280:19 1298:6,15,17
ripped 1066:4
rise 1102:25 1170:25
rises 1124:2
risk 1062:1,4 1063:3
1072:8 1075:21,22
1079:17 1081:4,4,5,6
1085:6 1094:16 1113:5
1113:8 1114:23 1120:22
1122:14 1123:8 1156:15
1158:23 1160:6 1162:25
1174:12 1210:4 1229:1
1229:2 1239:2 1242:2
1243:13,15
risks 1059:8 1073:10
1081:11 1113:12
1114:15 1130:24
1156:17 1158:6 1228:24
1242:11,15 1243:13
river 1066:2 1072:4
1074:16 1075:9,18,19
1077:21 1079:24 1107:6
1118:23 1121:18
1130:21 1141:18
1181:12,12 1186:22,24
1186:25 1191:16,17,21
1192:21,23,25 1193:3,6
1193:7,7 1211:11
1229:16 1273:10
1298:18 1299:1 1340:1
1340:1 1341:4,7,16,18
1342:14 1354:20 1355:2
rivers 1060:12 1071:19
1076:22 1085:4 1091:22
1096:18 1122:20
1165:24,25 1185:11
1191:15 1192:21 1193:8
1221:16,17 1340:20
RN 1198:12
road 1050:2 1094:8
1135:3 1136:10 1161:25
1198:20 1201:16 1212:2
1212:21 1260:12
1292:20 1367:4 1371:13

roadblocks 1136:19
roads 1150:22 1180:1
1367:12
ROBERT 1050:2
Roberts 1096:4,5
1209:11,15,16,16
robust 1382:4
Robyn 1077:11 1080:17
1207:20
rock 1078:17 1114:22
1132:13 1144:1,2,5
1200:5 1205:25 1277:2
1277:8,14,16
rocks 1368:7
Rocky 1049:16,18
1112:24
Rogers 1051:12 1073:17
1073:18,19,22 1285:25
role 1115:7 1117:15
1127:13,14 1138:20
1166:12,13 1268:8,10
1268:11,13 1271:6,7
rolls 1368:7
Ron 1245:11,16
room 1053:19 1055:15
1056:3 1067:3 1101:11
1152:20 1171:4 1172:19
1181:5,5 1188:17
1204:7 1206:12 1209:7
1213:13 1231:13
1301:13
rose 1159:20
rough 1365:3
roughly 1370:19 1371:23
round 1165:9
route 1071:21
row 1144:21
rules 1106:17 1115:19,21
1115:21 1126:24 1154:8
1158:2 1174:17 1189:12
1230:14 1235:25 1370:2
1378:3 1386:18,20,22
1386:24
rumor 1132:24
run 1053:10 1067:21
1082:23 1102:9 1139:2
1152:12 1154:6 1165:21
1319:17 1320:8,9
1336:18,19
running 1083:4 1186:25
1193:1 1206:22 1218:16

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

1343:7 1352:22,23
1366:23 1369:14
runs 1332:8
rural 1137:23,25 1138:13
1158:17 1215:3
rush 1197:23
rushed 1172:7
Russia 1092:1
Russian 1253:22,25
Russians 1186:13
rusted 1180:15
ruthenium 1199:16
R&D 1256:6
S
S 1053:1
sacrificed 1292:13
saddles 1293:23
safe 1057:25 1058:7,22
1091:7 1095:11 1112:25
1113:4 1148:19 1149:4
1149:14 1174:23,25
1185:10 1189:5 1220:13
1222:6 1298:18,19
1301:2 1302:19,21
safeguards 1113:17,19
safely 1072:16 1141:17
1189:12
safer 1151:11 1161:14
1179:11,12 1220:6
safety 1058:3,21 1061:17
1069:19,25 1070:1,2,3
1090:1 1091:14 1095:14
1095:16 1097:8,9
1098:5,12,14,15,17,19
1102:7 1117:6 1120:24
1122:4 1123:11 1129:11
1129:23 1130:11
1153:17,19 1175:4
1198:2 1213:11 1242:6
1242:8,9 1244:4
1301:20 1384:8
Saffler 1160:18,19,19
1168:11,15 1169:4,7,19
1169:25 1170:6,21
1171:15,18
SAG 1368:4,6
Sal 1153:2 1246:7
salaries 1104:1 1138:9
salivating 1180:4
salt 1182:5 1255:20,22

1256:2,6,20,25 1257:5,7
Sam 1152:18,18 1181:4
sample 1153:8
samples 1153:6
San 1063:17 1065:23
1066:2 1074:16 1075:9
1107:6 1129:12 1143:18
1164:7 1172:25 1282:16
1282:19,21,24 1283:4,7
1283:14 1296:21,23
1297:4,5 1340:1 1341:7
sand 1141:18
SANDLER 1049:16
sands 1092:18
sane 1075:21
sanity 1182:10
sat 1139:23 1151:19
1153:4 1177:8 1178:8
1212:7 1252:17 1374:15
Saturday 1096:7 1184:1
save 1183:1
saved 1073:1 1109:12
saving 1054:10
saw 1106:14 1142:21
1143:6,8 1196:14,14
1222:20 1247:8 1254:10
1332:16 1350:10 1363:7
1380:23
saying 1064:23 1073:25
1100:25 1101:6 1111:8
1111:11 1142:18,19
1172:10 1184:20
1208:23 1219:3 1251:1
1259:11 1260:23
1275:21,22 1297:20
1306:22 1319:16 1349:9
1365:24 1369:9
says 1058:1 1068:22
1077:12 1117:12
1128:19 1130:14 1185:6
1191:3 1206:13 1223:19
1247:6,7 1256:25
1262:19,20 1267:22
1273:17 1313:18
1323:22,23
scale 1188:25 1189:1
scare 1182:16
scares 1163:1
scariness 1133:15
scary 1162:23
scenario 1324:23 1325:1

1325:7,11 1345:10,24
1346:13,21 1347:1,9,17
1347:25 1349:14,15,19
1349:23 1370:3
scenarios 1325:2 1348:3
scenery 1131:14
scenic 1073:5 1185:11
schedule 1151:25
scheduled 1367:21
schematic 1198:23
scheme 1075:23
school 1105:24,25
1106:10 1148:9 1200:13
1207:24,25 1208:2
schools 1105:22,23<