Pinon Ridge Hearing Transcripts Part 2

AGREN BLANDO COURT REPORTING & VIDEO INC
287 JUDICIAL ARBITER GROUP JAG NO. 12 A 1318 ___________________________________________________ REPORTER'S TRANSCRIPT OF HEARING, VOLUME III November 8, 2012 ___________________________________________________ IN RE: THE APPLICATION OF ENERGY FUELS RESOURCES, INC. FOR A RADIOACTIVE MATERIALS LICENSE FOR THE PINON RIDGE URANIUM MILL ___________________________________________________
PURSUANT TO NOTICE to all parties in interest, the above-entitled matter resumed for hearing before THE HONORABLE RICHARD DANA on Thursday, November 8, 2012, commencing at 8:44 a.m., at 1045 Main Street, Nucla, Colorado, before Candice F. Flowers, Certified Shorthand Reporter
and Notary Public within and for the State of
Colorado.
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
288 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25
OFFICE OF THE ATTORNEY GENERAL By Jerry W. Goad, Esq. 1525 Sherman Street 7th Floor Denver, Colorado 80203 Appearing on behalf of Colorado Department of Public Health and Environment MATT SANDLER, ESQ. Rocky Mountain Wild 1536 Wynkoop Street Suite 303 Denver, Colorado 80202 Appearing on behalf of Rocky Mountain Wild, Center for Biological Diversity, and Colorado Environmental Coalition
APPEARANCES: ENERGY & CONSERVATION LAW By Travis Stills, Esq. 1911 Main Avenue Suite 238 Durango, Colorado 81301 and JEFFREY C. PARSONS, ESQ. Western Mining Action Project P.O. Box 349 Lyons, Colorado 80540 Appearing on behalf of Sheep Mountain Alliance FAEGRE BAKER DANIELS LLP By James R. Spaanstra, Esq. Olivia D. Lucas, Esq. 3200 Wells Fargo Center 1700 Lincoln Street Denver, Colorado 80203 and ENERGY FUELS RESOURCES By Curtis H. Moore, Esq. Director of Communications & Legal Affairs 44 Union Boulevard, Suite 600 Lakewood, Colorado 80228 Appearing on behalf of Energy Fuels Resources Corporation
289 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 APPEARANCES (continued) ROBERT LOUIS GROSSMAN, Ph.D. 6215 Baseline Road Boulder, Colorado 80303 Party in Interest

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

291 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 P R O C E E D I N G S - - THE HEARING OFFICER: All right. I
was told there's been a miraculous breakthrough in the scheduling and Olivia is the scrivener. MS. LUCAS: This morning we
discussed that Sheep Mountain Alliance would begin the morning asking a few questions of Mr. Bruskin about discovery matters, I guess, on some documents. We will continue with Frank Filas'
direct, which we expect to last about maybe an hour. At a morning break, we will -- Sheep Mountain Alliance would like to cross-examine Mr. Filas regarding the confidential documents and how we can move forward with those. When we come back,
there will be, again, cross-examination of Mr. Filas, probably by Rocky Mountain Wild, and then Energy Fuels has Dr. Craig Little, who will be here this morning, who we would like to present on direct and then allow him, of course, for cross-examination by interested parties. And then as we discussed this morning, it sounds like tomorrow will be Sheep Mountain witnesses, most likely all day tomorrow, and that's

292 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 as far as we got. THE HEARING OFFICER: Okay. That's
the way everybody understood it, so... MR. STILLS: There's still some
parts that we haven't put together, but instead of trying to jam them in conditionally, we will take them as they come. THE HEARING OFFICER: MR. GOAD: Okay.
Before we get started,
Your Honor, I just want to note for the record that if you recall, Mr. Tarlton was testifying yesterday about some documents. documents down. We were able to track those
Those were sent to Mr. Stills via I was not able to
e-mail yesterday at about 1:00.
get those documents because they are fairly large, so I asked Mr. Stills to distribute those to the other parties as -- either by e-mail or disc or something like that. So those have been provided. That's correct. I
MR. STILLS: appreciate that. around so quickly.
Thank you for turning those
The server we were on last night was not able to handle the size of the document. I will
try to send that around, but I did bring paper copies of what I'm going to ask Mr. Bruskin about

293 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Mr. Bruskin. MR. BRUSKIN: Okay. this morning, so we will have those to use. It's
only a portion of the document, but I will get the whole document in through electronic means. THE HEARING OFFICER: One
additional -- Mr. Egidi helped me figure out how to convert the files that are in that link I have been sending out to PDF files, although it's going to take me a while mechanically, I think, to accomplish it. And I now have probably 30 more
written public comments that I have not sent to anybody as of -- they came in yesterday during the day. So as soon as I can get some computer time
just sitting in a dark room, I will try to get all this turned around and e-mailed to all of you, and we will go from there. And, hopefully, if I can
get them all converted to PDF files, the link will work and all of you can access it that way. Anything else? discovery issue first? MR. STILLS: Yes, a brief discovery You want to do -- it's a
issue with Mr. Bruskin of CDPHE. THE HEARING OFFICER: Have a chair,
(Witness sworn.)

294 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 correct? A Correct. MR. STILLS: And if I may, since BY MR. STILLS: Q A Q Good morning. Good morning. A few questions mostly concerning some I appreciate you coming We won't keep full name. MR. BRUSKIN: Lawrence J. Bruskin. B-R-U-S-K-I-N? THE HEARING OFFICER: State your
THE HEARING OFFICER: MR. BRUSKIN: Correct.
THE HEARING OFFICER: MR. STILLS:
Your witness.
Thank you.
LAWRENCE BRUSKIN, being first duly sworn in the above cause, was examined and testified as follows: EXAMINATION
document this is morning.
up here with not a lot of notice. you very long.
You're employed by the CDPHE; is that
it's an adverse witness, I will proceed as if cross. Q (By Mr. Stills) And you are familiar with

295 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 the application that's under consideration here today, correct? A Q Correct. And you are familiar with the
environmental impact analysis under review here today, correct? A Q Correct. And in the course of your work, you have
helped work on and produce both of those documents? A Q Portions of those. And as you were preparing those
documents, did you prepare drafts? A Yeah, I think -- I don't think there was I basically put
a formal draft that we submitted.
my piece together and submitted it as a final. Q Did you exchange e-mails with anyone
concerning that drafting? A Q No. No e-mails that I can recall.
Do you prepare any written notes when you
prepare these kinds -- when you prepared these documents? A I can remember preparing some notes as I I have notes.
was reviewing it, like I always do.
I have some items that I write down, some on a computer's yellow sticky notes, things like that,

296 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 but just for my own personal use. Q Do you assemble any technical documents
to help you with your preparation of these documents? A Q A Q Yes, of course. Do you maintain a file of those? Yes. Thank you. I would like to have you take One more question.
a look now -- I'm sorry.
I would like to have you take a look at that document I gave you. documents before? A Q You know, I have not. Okay. MR. STILLS: Is there any objection Have you ever seen these
to the authenticity of this document, Mr. Goad? MR. GOAD: No objection. These are the
THE HEARING OFFICER: invoices and the... MR. STILLS:
And it's a partial -Docket sheets
THE HEARING OFFICER: as they were referred to yesterday. MR. STILLS:
It's a partial.
I will
have the full version over in electronic. THE HEARING OFFICER: Okay.

297 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 care. MR. STILLS: So if I can move that
in as, I believe -- I'm going to skip Exhibit 9. Can I skip to 10? THE HEARING OFFICER: Sure. I don't
So these are Sheep Mountain Alliance's
Exhibit 10. (SMA Exhibit 10 was admitted.) THE HEARING OFFICER: Unless
somebody particularly wants to use letters, everybody use numbers and I will write your abbreviation on here about whose exhibit is which. Q (By Mr. Stills) In preparation for this
hearing, were you asked by Mr. Goad to assemble any of the documents in your possession? A No. He requested we review things, but
we do that normally. MR. STILLS: I guess, based on that,
if I may, I would like to have -- and instead of bringing a parade of CDPHE employees for the same purpose, I would submit that none of the CDPHE staff that helped prepare these documents were asked to produce records despite this document of the time sheet showing that Mr. Ethington, Mr. Smith, and various other employees from the CDPHE in the last two years have spent time working

298 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 on this matter. And what I would ask and move and hope that we can get a stipulation on is that the CDPHE counsel directs staff to go back and, perhaps with Mr. Bruskin's assistance, do a document search and disclosure for documents during this period. I
think this document that I have in hand is good evidence that work's been done for the last two years but not a single document has been produced for 2012 or 2011 despite our requests for these kinds of documents. I assume that Mr. Goad might have something to say. May we get the stipulation? Your Honor, this is
MR. GOAD: highly unorthodox.
Mr. Stills is essentially
conducting discovery in the midst of this hearing and even though Your Honor has already ruled on these discovery issues. We will stipulate that the Department has done work on this project over the last couple of years; but, otherwise, our objections to this type of discovery stand. Mr. Stills has not responded And before we
to those, especially to relevance.
impose such a huge burden upon employees of the Department at this past the late hour, I think we

299 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 need to rule on those issues, those objections, by the Department. MR. STILLS: Your Honor, if I may,
we would also stipulate that we would not demand or even request that they be assembled by the end of this hearing on Tuesday. I would expect --
although I wouldn't rule out the ability to use them for cross-examination, I would anticipate that we would merely use the documents as part of the post-hearing submissions in support of any arguments we may have there. I don't think there
would be any need to extend this hearing unless something very much surprised me. If that's a way
this could work out, I would submit that as a request. THE HEARING OFFICER: MR. BRUSKIN: Mr. Bruskin.
Yes, sir. I'm going to
THE HEARING OFFICER:
ask questions, which is normally a stupid thing for somebody in my position to do. maintained, what is it? But this file you
I mean... What it really is is
MR. BRUSKIN:
guidance and things of that nature; for example, NRC guidance, EPA guidance, documents, professional documents readily available in the literature,

300 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 things of that nature, that help me evaluate this application. If I understand what he's really looking for, which is what did I use to evaluate this application with respect to actually writing down, you know, draft notes or things like that, it was just very -- like I said, yellow stickies and things like that that I normally do during the course of any design review document. And I
really -- I never really wrote any drafts, saying here you go, review it, now I'm going to write a final. It just all went out as a final document,
as you saw. THE HEARING OFFICER: Do you
maintain in your files the sticky notes or the back-of-envelope notes or... MR. BRUSKIN: No. Once I complete
my write-up, those things are gone, that type of -what it was it's just for me, as I go through the document, just to say on this chapter, I found this comment and this comment on the next one. And it The
takes a while to get through a major document.
way I do it is I wait until the end -- I go through the whole thing, put my notes together, then come back and write it up, so those just help me write

301 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 maintain that? MR. BRUSKIN: different places. I have that in keep them? MR. BRUSKIN: I do not. Okay. The up what I have just reviewed. THE HEARING OFFICER: But you don't
documents that -- the research you did, the guidance, whatever -MR. BRUSKIN: That I have. -- how do you
I have a notebook, for example,
full of professional papers from like the geotechnical engineering journals, things like that. I have other files specific to Energy Fuels.
For example, I have my NRC guidance, things I just use for that project. So I guess I have them
literally in my office in a few different places, but it's nothing that's not available in the public domain. It's not things that I have drafted and That's not how I operate. Your Honor, I would also
just kept to myself.
MR. GOAD:
add that I believe all those documents are referenced in the EIA, the reference section of the EIA.

302 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 MR. STILLS: Your Honor, if I may, I
have another question that might help clarify some of this. Q (By Mr. Stills) In the last two years,
were any documents submitted to the CDPHE by Energy Fuels? A The only document that I was asked to
review that was post-application was a construction plan, and that came in as a draft. I provided some
comments and they finalized and then we wrote a letter approving it. That's been my involvement
essentially since the application was deemed complete -- or the license was issued. Q And because we are moving pretty quickly,
perhaps Mr. Ethington would have been a better person to speak to on this. him up instead. But based on this document, did other people in the office work on material submitted by Energy Fuels? A submitted. I assume so. I'm not even sure what was Maybe we should bring
When Steve Tarlton, the manager for
this project, has something for me, he will give it to me. But I'm not sure who gets what, you know,
that type of thing.

303 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 "may." THE HEARING OFFICER: Let me question. MR. STILLS: I think I may have I saw Mr.
brought the wrong person up to ask this.
Bruskin on here and I knew he did some review. Perhaps a couple minutes with Steve Tarlton or -THE HEARING OFFICER: Let me pose a
I assume presumptively that each person
at CDPHE who was involved in this project may have a file on Energy Fuels or files of documents in their office. some may not. MR. GOAD: Underscore the word I mean may. Some may maintain it;
suggest -- I know we are in the middle of a hearing and I note your objection to discovery. time after the hearing is concluded. Schedule a
Go to CDPHE.
Each of you make yourself available and say here is what I got about this case. Share the files,
unless there are things you think are protected in it. I mean, that's the quickest way to do it. MR. STILLS: I'm good with that. Obviously, Mr.
Goad, you may want to get into some attorney-client stuff, but I don't know that you do. That's up to
you and I will deal with that if it happens.

304 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Your Honor? THE HEARING OFFICER: MR. BRUSKIN: Yeah. But I assume the individuals at CDPHE -the quickest way to do this is sit in their office and say, I have got this file. That's what I got.
I mean, rather than sit here and try to get somebody else, some third party, to go look in Mr. Bruskin's office and say, where is it. seems overwhelming to me. MR. BRUSKIN: Can I add one thing, That just
I have been at the
Department over 22 years, and basically since the very beginning, we've had discussions -- because we are a public agency and documents have to be available to the public -- what we really should or should not keep. And through those 22 years,
they've emphasized we do not keep draft documents. That's just, you know, kind of the policy of our division. When we complete a project, you know, we
go through it and what's relevant is filed and what isn't often is discarded, and that's really how it works in almost every project. THE HEARING OFFICER: And I'm not
suggesting that I'm making a ruling that you should have maintained that. I do a little drafting

305 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 myself on occasion. Understand that there are all
kinds of little sticky notes and things on what I do and that's the way it is, and they are not going to be here a month from now. MR. STILLS: Your Honor, we
recognize that there's some privilege that can go along with the drafting and the notes. not the main focus. broad pile of things. Those are
Our main focus is we've got a We weren't able to know
about them or have proof of them that there was document review going on until yesterday when we got this document, and it's a matter of timing as much as anything else. THE HEARING OFFICER: Well, give
some reasonable notice to CDPHE about when and where, but do this in their office with Mr. Bruskin sitting in his office because then he's going to be able to say, here's this and here's that. If we
try to get some third party to go sort through everybody's office, it will become absolutely impossible so fast, we won't -- it won't work. MR. STILLS: If I may, just to
establish the order of things here, we will need to move fast on that, and then it will be in order to use documentary evidence as such without having to

306 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 that's fine. call back any witness to authenticate. that into -THE HEARING OFFICER: arguments, we'll have arguments. MR. GOAD: Your Honor, conceptually If we have We can move
One of our objections was that the
discovery requests were overly broad and burdensome. In preparing the EIA, the Department
and Mr. Tarlton solicited the views of a lot of State people, both in and outside of the department. And I believe that there are some 20
people -- don't hold me to that exact number -within the Department that responded to Mr. Tarlton's request for input. So maybe we can narrow that a little bit to people within either Mr. Tarlton's group or the hazardous materials and waste management division like Mr. Bruskin, who were the primary contributors to the development of the EIA. MR. STILLS: We would be willing to
accept that narrowing for the documents of the EIA. But one of the main things that I'm focused on is I think we are looking at the documents from 2011 and 2012 that postdate the preparation of the EIA and the finalization of the process below. They're

307 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 documents that aren't in the administrative record of this file by nature of just its timing, so we are looking for things in the period of 2011 and 2012. THE HEARING OFFICER: I'm not
suggesting that all 20 of these people have to be talked to. I'm not suggesting that all 20 of these
people have to produce some kind of file. Mr. Tarlton has a file. counsel look at it. Drop it on the table. I Let
If you don't, you don't.
mean, I'm not ordering a particular thing be created. But it seems to me the most efficient way to find that out is to let -- the fastest way through one of my files is to sit down and talk to me about it: from. What's in here, where did it come
I would hesitate to subject anybody in my I think that would
office to try to read my notes. be an absolute impossibility.
Just do it in the most efficient way, and I assume you can find a time that accommodates these folks and accommodates you. have a conversation about it. Sit down and
And if there's a
file, there's a file; and if there's not, there's not. You know, I think you and Mr. Goad can have a

308 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 not. MS. LUCAS: use of whatever is found. So I'm curious about the Is this just a file conversation about how you can limit the numbers. You don't want to talk to 20 people. MS. LUCAS: Your Honor, I have a
question about -- this sounds like this is happening outside -- they are not driving back to Denver this weekend or anything. THE HEARING OFFICER: No, I hope
review by an interested public party or is this going to roll into -THE HEARING OFFICER: I suppose if
somebody wants to make a tender that they've got to reopen this hearing because of something found, I will have to look at that. I suppose if somebody
wants to use one of the documents that's arguably found in submitting for post-findings and conclusions or writing a final brief, we will have to look at that. We may have arguments about that. We will deal with
I'm not ruling on any of that. that when it comes up.
We may not have arguments. In the latter situation,
MS. LUCAS:
we would like to see what documents would be used in the finding of facts and conclusions of law.

309 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 THE HEARING OFFICER: Well, let me
suggest that if one of the documents is, in fact, referenced in something you'd later write, make sure everybody gets a copy of it. MR. GOAD: Your Honor, since this is
a formal proceeding, I would assume what Ms. Lucas is getting at is that they be allowed to review those documents at the same time. THE HEARING OFFICER: Well, you can If you
sit there while somebody is looking at it.
want to go through that brain damage, be my guest. Mr. Sandler is invited also. MR. SPAANSTRA: Your Honor, we would
also reserve relevance arguments that Mr. Stills initiated this line of questioning about documents that are in 2011 and 2012. CDPHE's decision is
going to be on the record which closed in January of 2011, and so there is a fundamental question about the relevance of any of that at this proceeding. THE HEARING OFFICER: Well, that
raises kind of an interesting question as to whether the administrative record is closed before we conclude this hearing, because I think the argument can be made that this hearing is a part of

310 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 respond? the -- I'm sitting as a hearing officer for the Health Department, folks, and that's the mandate I have. And so, in theory, everything up through the
end of this hearing is a part of the record that CDPHE will ultimately use. If I read McMullen's
order right, this hearing is a part of the record. MR. SPAANSTRA: Your Honor, can I
Absolutely this hearing is part of the
record, and what occurs from the date you convened it through this process -- you know, obviously we can argue this -- is part of the record. What we
are talking about is what happened between the closing of the record and your reopening it. That's the issue. THE HEARING OFFICER: We can have that debate. Point taken.
I thought we were
probably talking about documents -- the iterative documents that came in after the initial 2009 application and before -- I mean, Mr. Filas testified about a series of responses that were submitted to CDPHE. talking about. I assumed that's what we were
Am I wrong? MR. STILLS: Yes. Well, I think it's a
MR. SPAANSTRA: good question for Mr. Stills.

311 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 I thought, Travis, one of your first questions related to 2011 and 2012 documents, and maybe I misheard. MR. STILLS: That is our focus, is
the period of time between 2011 when the administrative record closed and the opening of the hearing. I don't know why that's a black box
between that hearing and now, and I think we have evidence of relevant materials that we have only been able to demonstrate are relevant, because there has been no production or description of any of these documents, in the interaction between CDPHE and Energy Fuels subsequent to -- you know, leading up to the notice of this hearing on August 6, 2012. I don't know why that is a black box
universe and I have information and proof that there is stuff in it. is. THE HEARING OFFICER: We'll deal We just want to know what it
with the relevance questions somewhere down the road when you-all have a feeling about what it is we are looking at. It's premature for me to sit
here today and say, Well, there may be a file in somebody's office and it is relevant or not relevant. That's highly difficult. I'm not that

312 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 painful. good. I mean, there's time expended here on these time sheets, but there is time on my time sheets getting ready for this hearing, revisiting the issues that the lawyers raised. don't know what the time is. I mean, I
I would be sadly
disappointed if witnesses all weren't incurring time before they get on the witness stand in here, preparing a bit. I expect that. So we'll deal
with it when we deal with it. But for now, cobble together some kind of abbreviated rational discovery process that gets folks a look at these files. May I let this witness get off the witness stand? MR. STILLS: Thank you, Mr. Bruskin.
Your name came out of a hat because you're on the website -MR. SPAANSTRA: lottery this weekend. THE HEARING OFFICER: This isn't so Not Don't play the
Now, do we get back to Mr. Filas?
that he wants to come back up here, but that's a different question. While you are taking your chair,

313 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 possible. Mr. Filas, anybody in the room that anticipates wanting to make oral public comment today, there are sign-up sheets in the back of the room. sheet will take six names. Each
I just need to know who
you are -- please print so I can read it -- where you are from, who you are affiliated with, if you are affiliated with somebody; i.e., a particular environmental group, one of the parties to this case, you work for somebody that has an interest in this. I need to know that information. But the
sign-up sheet is back there, and if there is anybody here now that anticipates that, please put your name on it. DR. GROSSMAN: Your Honor, is it
possible for people to make comments on the speakerphone? can't get here? THE HEARING OFFICER: Yeah, it is Is this a call-in for people who
We'll do that at 4:00 when we do It's -- let me suggest candidly,
everybody else.
it will be more effective if they write something, and I say that for this reason: practicing law for 46 years. I have been
Witnesses are more If
persuasive if you can look them in the eye.
not, they are secondly more persuasive if you read

314 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 what they say rather than hear it. it's just a voice out of the ozone. On the phone I would
suggest -- yeah, they can do that, but it would be more effective if they would write it down and send it to me. DR. GROSSMAN: It can also be
effective if they were calling in from Bangkok or something like that. THE HEARING OFFICER: Now, if you're
going to tell me that the effects of this can extend to Bangkok, that's going to raise an interesting argument, a whole nother conversation. Your witness. DIRECT EXAMINATION OF FRANK FILAS CONTINUED BY MS. LUCAS: Q Welcome back, Mr. Filas. Thank you for
being back. Yesterday, as your slide indicates, we left off going through Part 18, Appendix A, the criteria, and the parts that are applicable to your license. We got through Criterion 1, and I wanted But before we go back
to start with Criterion 2.
into the criteria, I wanted to ask a couple questions to follow up on the environmental report. You spoke about a wildlife mitigation

315 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 plan and also the environmental report, and I wanted you to please explain a little bit the way those two documents work together. A Okay. In the environmental report, we --
Edge took our proposed mitigation measures and they suggested others that were not in the application. So what we did is we agreed to do some and consider others during the review process. And the
mitigation plan you talked about is the habitat improvement plan. We agreed that we would work
with the Division of Wildlife to come up with one that they found acceptable. This could have been a
contribution of money towards projects that they cared about. What it ultimately became, however, is they thought that mitigation should occur in east Paradox Valley. Therefore, they came up with the
idea -- and it was refined in talks with our consultants at Edge -- to acquire 415 acres or more in the valley, preclude livestock from that area, and enhance the wildlife habitat in that area to make up for what was being lost at our site, which was 415 acres during operations of severe winter range for deer and elk. As part of that, they also said that, you

316 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 know, we would work cooperatively with them in this endeavor so if there's other improvements we can make in that 415-acre area over time, we would certainly consider it and work with them cooperatively to do so. Q And when you are referring to "them,"
that's the State Division of Parks and Wildlife, right? A Wildlife. Q And you mentioned 415 acres of mitigated Yes, it's combined now into Parks and
land, and then you said the footprint of the mill is 415 acres as well, so is that how the 415 acres of -A Correct. And the idea was is through
active enhancement measures, that we would increase the productivity of that area much more so than what we actually have on-site, because our site has been used for grazing cattle for years and, you know, it would not be as good as an area that was dedicated to wildlife. Q And what's the anticipated final
footprint of the mill site once the life of the mill is finished? A It's about 160 acres would end up being

317 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 plan. life? A Q Long term, yes. And then you talked about this mitigation What species is considered in the wildlife excluded from winter range. Q So there's a net gain at the end of the
mitigation, this plan? A Well, this plan was focused on the deer
and the elk for the severe winter range area that was going to be dedicated to our mill. Q Did the environmental report analyze any
threatened or endangered species and any kind of mitigation necessary for those? A Certainly. We asked that Edge do their
analysis much like they would do the analysis for any of the federal land-managing agencies in an EA or an EIS, so they looked at all threatened, endangered, and sensitive species and candidate species in the area. They identified none on our
site and none in the immediate vicinity of our site. They did identify three or four, I believe, endangered fish in the Colorado River, which is about 70 miles downstream of Bedrock, you know, on the Dolores River, and that -- and as part

318 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 of that, we ended up agreeing to pay into a fund to protect those fish. We also subsequently, with our
agreement -- our water rights agreement on-site, we subsequently agreed mainly with the Colorado Water Conservation Board, but Sheep Mountain Alliance was part of that agreement, so was the BLM, we agreed to release water into the fish pool to augment the water in the stream, especially during times of low flow. Q not -A Right. And in the ER, we basically That was with your water rights. That's
focused on that payment to the fund, but, subsequently to that, additional mitigation transpired as far as the water rights case. Q Other than threatened and endangered fish
70 miles away, was there any other species in the area that were threatened and endangered? A There's a candidate species. It may even
be on the endangered list now. up with that.
I don't really keep But
It's not my area of specialty.
there's Gunnison sage grouse.
There's a lek about
11 miles south of us, and we don't have any mining activity and our mill wouldn't impact that area, so it was identified as being there, but it wasn't

319 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 something that our site would really affect. Q And when you say it was identified as
being there, was that identification made in the ER or one of the documents? A It was made in the ER. And, again, as
part of the environmental report, they looked at all the species that could there and the fish and the Gunnison sage grouse were the two identified in the area. Q And the Pinon Ridge Mill site is on
private land; is that correct? A Q That's correct. And so there was not a federal
requirement in place to follow environmental assessment or environmental impact statements from under the NEPA; is that correct? A That's correct. However, there is the
Endangered Species Act and there is a portion of that that requires that we not impact threatened and endangered species. So even though it may not
have been required by NEPA, it was certainly required under other laws. Q Understood. Okay.
And you said before that when you hired Edge -- this is far back in your testimony from

320 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 yesterday, but you said that you looked to hire Edge Environmental to do your environmental report because of their involvement in doing federal NEPA review documents; is that right? A Yes. They have had extensive experience
in doing environmental assessments and environmental impact statements, and we requested that they do this analysis in much the same way that they would be doing it for a federal agency. Q Thank you. Moving back to our criteria,
I want to continue walking through the criteria required under Part 18, Appendix A, for your application. yesterday. Moving to Criterion 2, I wanted to ask why Energy Fuels, in looking at its tailings sites -- or its mill site, why you didn't choose an old mill site? A Again, this is maybe beating a dead We talked about Criterion 1
horse, but the bottom line is that we did look at existing sites and could not find any that were suitable. They either didn't meet the new criteria
from the late '80s and early '90s because they were along rivers or they had shallow groundwater or both. The other sites we looked at that may have

321 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 met the criteria were too small. They didn't allow
for a new mill and new tailings cells and evaporation ponds. However, the site we did choose had a relatively thick soil cover so that we could keep the tailings cells somewhat compact and not stretched out over hundreds of acres. Q And when you are talking about the
criteria, are you talking about the criteria under Part 18, Appendix A, or are there other criteria that you referenced in doing your siting? A Well, no. It is the criteria under Part
18, but this is almost identical to the same Appendix A that's in the Nuclear Regulatory Commission's regulations. I believe the State
adopted pretty much the same language, but they probably changed some areas because they can make it similar or equivalent or more strict, so I'm guessing there were a few changes in there. Q Moving on, Criteria 3 discusses tailings
impoundments, and quoting from it, Criterion 3 states that the prime options for disposal of tailings is placement below grade. states: Later on it In
In some instances, however -- sorry.
some instances, below-grade disposal may not be the

322 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 most environmentally sound approach. Can you explain the location either above or below grade of the planned tailings facilities at the mill? A Our tailings cells are predominantly I would say on average, 80 percent
below grade.
below grade, which we end up with embankments in the 20- to 25-foot range, if my memory serves me right. So we meet this criterion and because of
those embankments being not very high, it's not a real problem to achieve very gradual slopes during reclamation, which is what's required. Q Moving on to Criterion 4, Criterion 4 is
generally more about the tailings facilities. We're going to be talking about that a lot this morning, and my question -- first question is: How
are upstream rainfall catchment areas minimized to decrease erosion? A Well, first of all, with site selection,
we selected a site that didn't have a large catchment area above us. And then when we designed
the tailings facilities, we put them between the two existing ephemeral drainages that extended through portions of the site, so we didn't change the drainage pattern that was already there. And

323 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 then on top of that, we planned diversions around the upper end of the mill and tailings facilities that would connect into those existing drainages, so we tried to take advantage of what Mother Nature gave us there to minimize drainage impacts. Q What kind of wind protection does the
site topography provide? A Well, it's down in the valley somewhat Winds are Other sites such
tucked up against the mesa there. generally stable to very stable.
as, say, the Honeywood site that was near Naturita that was on top of the mesa would have had higher winds, we expect. So this site, you know, is about as good as any, I think, as far as, you know, protecting the facility from real high winds. I mean, you are
still going to get high winds from time to time. That's part of life. area. Q Can you speak about the broad objective But, in general, it's a good
in designing the embankment and cover slips for the tailings. A Okay. There are -- you are referring to
what those slopes need to be for final reclamation, and their criteria -- the optimum is they have

324 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 slopes of about ten horizontal to one vertical, and that is what we have for most of the site. There
are some areas in between the tailings cells where we have slopes of five to one, and those are reinforced with additional rock cover; and we also have a designed ripwrap for the maximum precipitation event in the drainages around the tailings cells. Q And how does the tailings cover plan
reduce wind and water erosion? A The biggest improvement that we made --
and that was part of the CDPHE's review -- is we increased the soil cover, so we have considerably more soil. And, obviously, when you are talking
about a thousand-year period or more, it's nice to have a lot of soil cover in case you do have some erosion. The other thing is we incorporated what's
called a rock mulch in the upper six inches where we incorporated stone into the soil, smaller stone, but still more resistant to erosion. And one of the biggest things over time, of course, is to establish a good vegetative cover. The old historic tailings cells were many times just covered with rock, and that kind of promotes infiltration of water. By having a vegetative

325 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 cover, that vegetation, through evapotranspiration, would use the water that comes down to stabilize the soil surface. So all those things combined, I
think, for a good final cover over the site. Q And what precautions did Energy Fuels
take to ensure that the tailings impoundment is not located near a capable fault? A We drilled holes all over that site to We had
determine what the geology looked like.
three or four geophysical surveys across the site. In fact, we did some additional work in areas where we didn't have good resolution the first time. Based on that, we did additional trenching and dating of the various soils to verify if anything had moved in the last few million years. did some coring. geologists did. We also
There was a lot of work that our Anyplace that looked like there
could be a potential discontinuity, trenches or coring was done to verify what was actually there. Again, the geologists determined that there were no capable faults. The faults that were
on-site had been created through very, very gradual erosion over millions of years. They also
determined there were no discontinuities or anything like that beneath our tailings facilities

326 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 or mills that could cause problems. They did find that the soils underneath the mill, some of those were wind-blown soils, and so they were not as compacted as they should be. But we ultimately mitigated that based on the engineers' recommendations to remove that soil and recompact it prior to placing the mill foundations down, and that's a common practice for those type of soils. Q And where is all of this information
describe in the application? A The geologic report is found in Volume 4
of the application, and that also has the geotechnical field and laboratory test program. And then in our -- I believe it was our second response to the first request for information, we provided a detailed foundation design for the more key mill buildings where processing was to occur. Q You just testified that the areas were Were the tailings
essentially seismically stable.
impoundments designed, then, to deal with any seismic activity at all? A Of course. The International Building
Code was consulted, and the tailings facilities and mill buildings and that were designed for the

327 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 maximum earthquake based on the International Building Code. I don't remember the exact
terminology, whether it's the maximum probable or the design -- it's the design earthquake. And that
was a 4.8 magnitude earthquake at a little less than 10 miles from the site, which is pretty close obviously. Q And how is the tailings impoundment
designed to promote deposition? A Well, it's really not designed that way.
Some deposition could occur in the lower areas where the ripwrap channels are, and I guess some vegetation could grow in that area between the rocks. That would be helpful. But basically it's
a very shallow dome structure, so you wouldn't have deposition on the dome portion of the tailings facility, but that's not a very crucial long-term issue. Q Moving on to Criteria 5, this criteria
discusses groundwater primarily, and my first question is: How is migration of wastes out of the
tailings impoundment prevented? A Okay. Again, we talked about this in But we have a multiple
some length yesterday.
liner system underneath our tailings cells and

328 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 evaporation ponds consisting of a primary liner and a secondary liner below it, and then sandwiched in between is a leak collection and recovery system that keeps the hydraulic head off the secondary liner, and this is required in the EPA and NRC regulations. And below that, we have a foundation with a geo-synthetic clay liner, a combination of a synthetic liner and clay. That system, we showed
in our reports, design reports, that that exceeded the requirement for a clay liner underneath that is in the regulations. Again, the regulations say --
the NRC regulations say, you know, equivalent or better liner system, and this liner system that we have proposed exceeds the requirements. Q Criterion B requires that, quote,
Hazardous constituents entering the groundwater from a licensed site must not exceed the specified concentration limits in the uppermost aquifer beyond the point of compliance during the compliance period, end quote. How did the application documents ensure compliance with this criterion? A Well, first of all, we don't just have
liners under the tailings cells and evaporation

329 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 ponds, we have them under our ore pads; and there's secondary containment on all of the mill processing areas. So those are designed to prevent seepage
into an aquifer. We are also required under NRC rules that have basically the status that you will honor these rules also, even though they may not be incorporated into our regulations yet, but that if we have any spill or release, we can't just walk away from it. We have to report it. We have to
excavate it, move that material into a tailings cell or other appropriate place, and then do verification to make sure we've cleaned it up. So
we kind of clean up as we go these days so we don't have a long-term contamination issue. Q Is there any monitoring efforts along
with all of this? A Yes. We have been monitoring the
Chinle-Moenkopi Aquifer that's on the south end of the site. years. We have been monitoring it for five
And we have proposed additional monitoring
wells to the State as part of our application. Q Moving on, can you discuss a little bit
how the application incorporates groundwater protection programs?

330 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 A Okay. The way that works is, again, we
have proposed a monitoring program, and the State has said in one -- or a couple, actually, of the license conditions that were in the license that was set aside, they indicated that they wanted us to submit another operational plan with additional details in it which will include additional wells. These wells -- we have already proposed deep wells in the Chinle-Moenkopi and some wells that would probably be dry wells at the base of the soil layer, because sometimes a small amount of water can accumulate there. And the State would
like to see more wells, especially in the more shallow area. They would also ultimately require
us to have point-of-compliance wells, which are typically at the property line. But they would use this five years of baseline data that we have and they will establish the groundwater protection standards for the site. Where we have background levels that are higher than State standards -- for example, drinking water, typically they will do a statistical evaluation and establish the protection standards at background levels. background. You can't go over

331 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 And then as far as if these constituents are at low levels in the groundwater, the protection standard will be established probably at the State groundwater standard, but that's better left for CDPHE to discuss. of it. Q Are there any groundwater impacts That's my understanding
occurring at the site right now due to seepage? A Q No. The facility hasn't been built.
How does the tailings disposal system
proposed address the chemical and radioactive characteristics of the waste solutions? A Our proposed liners were tested in the Some already had test results in; some
laboratory.
we had the vendors do additional testing to make sure that they were chemically compatible with the tailings solution. As far as radiation goes,
again, that's an operating thing where we keep the tailings saturated to keep the radon emissions reduced in those areas. Q You referred to testing. Is that in the
record, in the application, the results of that? A Yes. The testing would be in the
tailings cell design. Q And can you point to us where in the

332 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 application the tailings cell design is? A Q The tailings cell design is in Volume 2. How does the tailings disposal system
address the potential for transport of contaminants and solutions through the underlying soil? A Q A Again -- which criterion is that? It's 5G. Okay. And here you are asking about our
liner systems or are you asking about the underlying geology? Q A Well, how they interact, essentially. Okay. If you had -- of course, the liner
system is established to minimize seepage through it. If you had seepage down into the underlying
soils, there you don't have groundwater under most of the tailings cells, so that's a benefit right there. And then you have thousands of feet of So from
salt, is what you do have under there.
that point of view, it's not like this -- if you had seepage, that it could easily get to an aquifer, so hopefully that answers your question. Q I think so. And, again, can you point us to where the characterization of the underlying soil and geologic formations is in the application.

333 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 A Okay. That would -- again, Volume 4
looks at geology and Volume 5 looks at groundwater, and there's a series of reports in both of those volumes on various aspects of it. Q How is the penetration of radionuclides I'm moving
into these underlying soils minimized? on to Criterion 5H. A
Well, radionuclides -- of course, it's
your liner systems that are throughout the site. Again, they are not just the tailings impoundments, but the evaporation ponds, the ore pads. Under the
mill, again, you have secondary containment in all critical areas. We have double-lined pipes, and
these pipes and the processing equipment, the materials are so much better than they used to be. You have HDPE pipes that are very chemically resistant, much less likely to fail, and you have got double-walled pipes. So if the inside Our
one fails, you still have the outside one.
tanks -- for example, our leach tanks used to be wooden tanks and now they are rubber-lined steel tanks or stainless steel tanks, so there has been a big improvement in limiting the possibility for a release. Q And these pipes, what are they carrying

334 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 and where are they carrying it to? A Well, you have pipes within your mill
area that are carrying solution from one system or building to another, and you also have pipes that carry solution down to the tailings or the evaporation ponds. Those pipes are larger and The pipes,
they're typically in a line trench.
though, at the mill are typically double-walled pipe just going between the buildings. Q Moving on to Criterion 6, this criterion
addresses precipitation events and storms at the facility. Can you talk about how the tailings
cover would avoid contamination even under a maximum probable precipitation event. A Again -- and this is during closure, but Well, it's
it is the same for operations too.
slightly different for closure versus operations. During operations, the water is diverted around the facility. two storm-water ponds: mill, one on the west. Within the facility, we have One on the east side of the And if you had a huge
storm, any excess water from those storm-water ponds or from the tailings cells would go to the evaporation pond via gravity flow, and it has capacity for the maximum probable precipitation

335 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 event. As far as during closure goes, again, the water would be permanently diverted around this closed tailings cell, and the tailings cell itself is designed for the maximum precipitation event, in that there is a ripwrap of the drainage areas, a pretty substantial ripwrap of durable rock. Q So it sounds like the facility is
designed so that water that occurs outside of it will be diverted around and water that falls on top of it will be contained. A Right. And on top of that with the Obviously, for smaller storm
vegetative cover.
events, the precipitation would be consumed by the vegetation that's there. Q How will you know whether the radon
emissions over time are kept where they need to be? Do you have a monitoring place for that? A Well, during operations, you have air You have to model based on You have to model your various You also have groundwater
monitoring systems. what you find out.
facilities for radon. monitoring wells.
As part of the periodic renewal
of the license, we do additional -- and also annually, I might add, on some things -- you do

336 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 additional sampling of vegetation and of soils. We
also sample the rabbit population, which is pretty prolific out there. Every five years we would do
that to make sure that we aren't seeing increasing radiation levels in even the biota. Q How about after closure, is there a
continuing monitoring after that? A After closure, we are required, as the
operator, to make sure that that site is stable. And typically in the first few years, you might have to do a little bit more seeding. You will
continue with your groundwater monitoring program, perhaps air monitoring to some extent. depends on what the State requires. Once we can prove that the site is stable, does not require any more vegetation, and that the monitoring wells and that show no sign of contamination, at that point in time we would request a permanent release from that site. And as Just
part of that, we have posted a long-term care bond or amount of money, and this money would either be transferred to the State if they wanted to take care of the site but, more likely, to the Department of Energy. I believe all these sites
prior to us have gone to the Department of Energy.

337 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 And that money would support periodic visits and monitoring of the site in perpetuity. Q Criterion 7, moving on, discusses Is there anything else you
groundwater monitoring.
would like to talk about in term of the groundwater monitoring plan in place? A Well, again, it has been in place for
five years, so there is a lot of data for the State to work with. Q And moving on to Criterion 8, can you
please discuss how the operations at the mill will be conducted so that all airborne effluent releases are reduced to levels as low as reasonably achievable, what we talked about yesterday as ALARA? A Again, in our design of the facility, we
made sure that the equipment we had was the best available for reducing emissions, and that included a zero discharge yellowcake dryer, it included a SAG mill rather than a crusher. Those type of We
decisions were made early on to achieve ALARA. also -- at the recommendation of the CDPHE personnel, we moved our administration building
away from the immediate mill area to reduce their exposure. So design decisions played the initial

338 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 that. role. And then as far as moving forward, we have procedures in place that are designed to minimize exposure of our workers and of the general public. And as far as then moving into closure, we
have got closure plans that are designed to -- with radon covers and that -- to minimize or reduce the radon levels to, again, as low as reasonably achievable. Q And how is dust from the tailings
impoundment controlled? A There's several different ways of doing The primary way is to keep the tailings
saturated, and this isn't that hard to do during operations because you're discharging 500 tons per day of slurry, and it's being discharged around the entire facility. Some of the older facilities only But by putting it
had a discharge in one place.
all around the facility and by making this impoundment a lot smaller than historic ponds, we're able to keep that area pretty well -- the beaches pretty well saturated at all times during operations. There is also a water pool that
collects there and can cover anywhere from 20 to 80 percent of the tailings impoundment at any one

339 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 time. That provides even more radon attenuation.
So that's not an issue there. As we move into standby or closure, then a lot of times what happens there is -- at least on standby -- you use a chemical dust suppressant, and that will keep dust from blowing and it will also help to keep the saturation in the tailings. And
then when you move to closure, what we've proposed to do and what is pretty common is you typically push the coarser tailings over the finer tailings and they collect in the center of the pond. Coarser tailings have much less radiation, and then you cover that with your interim cover until you can apply your final cover. So those are the
methods we use to reduce radon emissions. Q Criterion 9 and 10 are basically
discussing long-term care as you have up there and hazardous constituents. We are not going to talk
about them because I don't think they are applicable. We may hear about them from someone
else later, but not from me. So let's move on to our final area of discussion, one that interests a lot of people and we've heard a lot about in the district court case, and this is compliance with regulations regarding

340 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 decommissioning and other financial warranties. I will just sort of open the floor to you with the general question: If you could please
discuss the financial warranties that are associated with the application. A These were the warranties that were in And basically
the license that has been set aside.
the financial warranties -- the almost 1.4 million was due after licensing before any construction could occur on-site. Then there was 2.9 million,
approximately, was also then due prior to the start of construction. So bottom line, the State was
covered because we have nothing on the site right now that -- no 11e(2) byproduct material, but there still was a bond in place at all times. The bond was always increased prior to the start of construction, and then, again, at the 50 percent point, it was increased by another 6.4 million, and finally prior to mill operations, the last 400,000 would be posted, so the State and the citizens of Colorado were protected throughout this. And even if you think about it, at this
point in time, you have your full bond. When that 400,000 is posted prior to operations, you have your full bond in place, $11

341 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 million, and there's still no process tailings there. You might have some ore stockpile material
you might have to dispose of if you shut down right at that point in time, but the State was well protected. There's also a second component to the reclamation and closure funding, and that is the long-term care fund. This is the amount of money We
under the license that has been set aside.
provided $844,000 to the State that went in cash to them that would gain interest over time and ultimately most likely be transferred to the Department of Energy when the site was reclaimed and met all the reclamation standards. So that was
how the State set it up for the license that was issued in March of 2011. Q Okay. Just to be clear, the district
court has set aside that license, so are any of these financial warranties or long-term care fund moneys in place or applicable right now? A No. We had those refunded to us, and, of
course, if a new license is issued, we would expect similar type of bonding requirements. However, one
other thing has happened in the meantime, and that is: We did agree with the Town of Telluride and

342 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 San Miguel County that we would increase our bonding to a minimum of -- between the long-term care fund and the financial warranties -- to $15 million. They felt that our bond was low and so we
agreed to this compromise. I also want to point out, though, that these financial warranties are reviewed annually. So as a facility changes -- if, for example, we have a release and the State is concerned about it, that it's going to cost more money, or if we are adding a second tailings cell or something like that, then that bond could be adjusted upwards. Likewise, if we close a cell and reduce the reclamation cost requirements, then the bond would go down. So this whole thing here provides a means
for making sure that that bond is adequate at all times. Q And who is the party that decides -- who
reviews the bond? A It's the CDPHE radiation program, but I
believe the public has a right also to comment on the adequacy of the bond during those reviews. Q As we are talking about continued CDPHE
involvement in the site after a license is issued, you mentioned earlier, I think, a five-year renewal

343 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 that is? A Okay. Well, typically every five years, of the license. Can you talk a little bit more about what
the State looks again at our license application and the changes that have been made since. It also
provides us, as an operator, the chance if we are -- say we're adding a tailings cell or something like that, we can add that in there. And we also revisit some things. example, we will at that time revisit the threatened and endangered species to see if there is any other species that have been added or habitats have changed and that we may have a concern there. So it's just a matter of updating For
the license and making sure that it's in compliance with all the requirements; and, again, every five years. Q So when you say updating the license and
making sure it's within the requirements, is that an informal process or do you have to reapply for a license? A It's a formal process. MS. LUCAS: almost done here. Just one minute. We are

344 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Q yesterday. feed. THE HEARING OFFICER: All right.
(By Ms. Lucas) One other thing from We heard a concern about alternate
Is there a plan to mill alternate feed at
the Pinon Ridge facility? A No, there's not. We had proposed to the
State that we would like to process some of the residuals from our water treatment plants at the mines, but that was not approved in that decision that they made in January of 2011. materials are very small. issue to us. However, those
It's not really a big
And as far as taking waste materials
as alternate feed, that's never been proposed for this facility. Q Will you seek to propose the -- the
wastewater residuals from your mine, will you seek to propose that again now -A Probably at some point in time. It just
makes sense -Q A Q A In this application. In what application? In the application being considered now. Well, we had it in there, but the State
didn't approve it and we didn't go into a lot of detail about it. But basically what that is is we

345 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Q used barium chloride to precipitate out uranium and radium, and basically our precipitant looks almost virtually identical to our ore. So it makes sense
to send it to the mill, recover the uranium, rather than put it into a, say, disposal facility where you wouldn't recover the uranium. Q A Q But you are not seeking to do that now? No. Thank you. Thank you very much for your
time, Mr. Filas. Final question: Under your
consideration, do you think this application is complete and provides -- do you think this application is complete? A Q Certainly complete. Do you think it provides enough
information -MR. STILLS: Your Honor, if I may They're
object to these last two questions.
seeking a legal opinion from the witness. THE HEARING OFFICER: MS. LUCAS: Okay. Same ruling.
(By Ms. Lucas) In your experience seeking
permits from other agencies, given that experience, do you think that there is anything outstanding

346 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 that needs to be addressed with this application? A I think this application was technically
superior to any that I have seen for any other conventional mill ever. So, no, I'm pretty proud
of what we have put together here. MS. LUCAS: Thank you. As I
understand your conversation earlier, we now need to have an in-camera discussion about confidentiality issues? MR. STILLS: Yes. Before we
THE HEARING OFFICER: proceed with cross. MR. STILLS:
I think that would be
the way it would work out nicely, and as we guessed, it's right up against a break time, so it will facilitate getting the facility for our discussion. THE HEARING OFFICER: For those of
you who may not have been here yesterday, we don't have chambers available in this proceeding. Chambers is a place I get to go hide with the lawyers and talk about things. So we are going to take a ten-minute break, and I'm going to just get the parties and

347 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 counsel back into the room and exclude the audience to enjoy the sunshine while we have a legal argument that may or may not be admissible in the process and then we will come get you. But let's
just take a general ten-minute break first. (Recess taken, 10:02 to 10:32 a.m.) THE HEARING OFFICER: We are Everybody
assembled for an in-camera conversation.
in the room now is a party or a representative of a party. We are going to deal with the issue about
how to approach from the confidentiality questions, correct? MR. STILLS: Yes. And I was -- I
had two things that I was considering and proposing to do all this. One is the use of the discovery
materials that we received from Energy Fuels, which has confidential documents all the way through it. And then the second question is the specific CH2M HILL document. One of the ways that I would propose handling confidential documents so we don't end up sort of bogged down and closing, running out, and coming in is I think only a few of the ones that I want to use in the hearing are confidential. But
there are some I want to get into the record that

348 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 anymore. are confidential that I don't need to have in the room, but I need them as documentary evidence. And
I think there are other documents produced during discovery that are relevant to environment and to contamination. So what I would propose to do for those is to move them all in, as we have done with the other materials, stipulating that they are -- that they are authentic, not have to worry about getting them in, making a proffer, so they are all in on the record but they are held as confidential until such time as you-all finish up getting the list out that was in the discovery order of which remain confidential and which are not confidential. MS. LUCAS: We've done that. We
gave that to you with our fourth production, maybe. Oh, no -MR. STILLS: I got it for the
privileged documents that were withheld but not the confidential ones that were produced. scattershot of what is and what isn't. MS. LUCAS: Well, things that are It's still a
labeled confidential are confidential. MR. STILLS: Except some aren't

349 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 447,000 pages? MS. LUCAS: MR. STILLS: unreasonable production. to avoid those problems. MS. LUCAS: opening all the documents? MR. STILLS: MS. LUCAS: MR. STILLS: Yes. By making us -It was your production Avoid the problems of Well... That's a little MS. LUCAS: of those documents. MR. STILLS: But there's no list. Well, we gave you a CD
There's no way to figure out what's what. MS. LUCAS: MR. STILLS: Open it -One by one through
I'm trying to find a way
and I think that's reasonable to -- if you want -and I guess I direct it to Your Honor. have had it in two files. THE HEARING OFFICER: How many You should
documents -- not how many pages, but how many documents were originally designated as confidential when we were going through this discovery exercise? MS. LUCAS: There were, I believe,

350 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 probably multiple hundreds designated as confidential. Then we -- I need to refresh my We had our conversation with
memory a little bit. SMA.
They asked us to go back through -- well, I We went back through
don't know if they asked us.
and did a second -- another production of documents that we determined, in fact, were not confidential. And we provided to SMA a CD of documents that had removed the confidential stamp, and then all the others remain confidential. That was how that was
handled, and I need to look back through and remember how many -THE HEARING OFFICER: Do you have an
estimate as to how many remain designated as confidential? MS. LUCAS: We are going to call our -THE HEARING OFFICER: don't need to know -MS. LUCAS: I understand. I don't A ballpark. I I can get that to you.
know off the top of my head, but my colleague does. And I'm also looking through papers which I believe in our filings we made a statement -THE HEARING OFFICER: Yeah, there
are some numbers in one of those discovery filings.

351 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 need to check. THE HEARING OFFICER: addresses the privilege. MR. STILLS: Your Honor, what I'm This chart MR. STILLS: If my memory serves,
that number only addressed the privileged, not the confidential -MS. LUCAS: No, I don't -- well, I
referring to is this hard drive that I submitted. THE HEARING OFFICER: that's the first cut. MR. STILLS: And I appreciate that Yeah, but
you have someone in your office who might know, and I think it would be appropriate to -MS. LUCAS: MR. STILLS: Can you say that again? If you made those cuts
in the process of doing it, it should be a clerical exercise. For me, it's a substantive analysis one
by one of hundreds of documents. MS. LUCAS: So what you are asking
for is a list of hundreds of documents with the title, who wrote it, and the date and all of that stuff so you can look over it and say, Oh, this seems like it might be confidential and this one doesn't?

352 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 voluminous. MS. LUCAS: And some are MR. STILLS: Here's the practical I
side of what I'm looking at, the larger piece.
got the remainder -- I got the documents that were released that have no confidentiality stamps at all, including your secondary response and the documents you released without stamps on them. And
I have these ready to offer into evidence, and if we can stipulate them in, as we've been doing with the other things, we can be good with that. The problem is with, as you said, the gargantuan effort to have me go through and analyze what's in this, I'm suggesting you've got a list. That's a very different exercise, and perhaps you could have someone delete or move into a separate file that which is confidential so we can use it without it being cumbersome as we move forward. MS. LUCAS: I understand what you Do you know
are saying, and so my question is:
which documents you want to use going forward? MR. STILLS: Yes, and they are
confidential and some are not? MR. STILLS: MS. LUCAS: Yes. And do you know which

353 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 ones you want to project in front of the public that are confidential? MR. STILLS: number of those. MS. LUCAS: And so the others you Yes. I've got a short
want to proffer into evidence? MR. STILLS: MS. LUCAS: Yes. I think that -- you
know, the point of confidentiality is that they will go into evidence and be kept confidential on the record in the future. And I think that that is
acceptable, that we don't have any problem with those being offered into evidence with the confidentiality stamp on them. And the ones that
you want to use here that are marked confidential we will deal with as we go along. MR. STILLS: with one document. MS. LUCAS: Yeah. Unless you have As we're about to deal
concerns about ones that are marked confidential that you are planning to just enter into the record, that's... MR. STILLS: Here is my concern, and I
that is trying to make -- this is in evidence. don't know that everybody here has a copy of it,

354 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 the client. THE HEARING OFFICER: question of Mr. Stills. Let me ask a which I would need to get out. I guess -- and I
don't know if everyone wants to have a protective order with some of the back and forth that's happened here hanging over their heads with confidential documents in their possession. everyone knows how to handle confidential documents. I'm just trying to look for a way -- like Dr. Grossman. I was looking for a way to get the Not
full set to Dr. Grossman without them in and me be able to use it, knowing when I was going to have to go through the procedure of a confidential document, which I don't have a problem with personally. I'm looking for that practical piece,
but if we can move it all into evidence and maybe sort out how to do this later, we would be in good shape. MS. LUCAS: I need to confer with
How many documents do you
have that you are aware of that retain a confidentiality designation that you want to use in examination of a live witness? MR. STILLS: Five.

355 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 MS. LUCAS: Okay. Why don't you
have a conversation and, say, disclose generically what those five documents are to Energy Fuels, and then we can find out -- I mean, maybe or maybe not -- you may or may not -- the portions you want to talk about may or may not be something they're terribly concerned about. MR. STILLS: And we are going to
test a little bit of that here in a minute with the CH2M HILL document. But what I would like to do, so I don't have to come back to this, is go ahead, if I can have a stipulation as with the others, and move this into evidence. the other documents. completeness. These CDs that I prepared are You can review them for
And then that will remain under
seal, but it will be moved into evidence so I don't have to mess with making a proffer and such. THE HEARING OFFICER: Nobody has got
a problem with authenticity on any of this, do they? MS. LUCAS: No. I think that maybe
this is simpler than it sounds. MR. STILLS: I think we are done,

356 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 actually. MS. LUCAS: Yeah. So you don't need
a list of all these documents because you know the five you are going to use. What we are concerned
about is people on the phone and in the room seeing the documents and having access to them. If you
are only doing five, we can handle that pretty easily. THE HEARING OFFICER: Why don't you
have a discussion about what those five are and what portions of those five Mr. Stills intends to get into. I mean, you need to kind of revisit the
question and say, Do we need these confidential or do we not? I mean, I don't know what they are. MR. STILLS: For my purposes with
documentary and bringing them into evidence, we don't have to make those conversations now and we can submit portions of our brief, segregate it as it's laid out, typical of confidential materials. We can contact you when that time comes and -THE HEARING OFFICER: I have
already -- I can tape the discs that remain confidential so that they will remain marked as confidential. MS. LUCAS: I think that makes

357 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 record copy. sense. MR. STILLS: I'm entering in a
It's got EFRFP1, Energy Fuels Request
for Production 1, and that should be the full sum of it: The hard drive that was provided to us plus So we're
the CD ROM that I just handed Judge Dana. good on that. THE HEARING OFFICER: nonconfidential documents? MR. STILLS: That's correct.
These are
THE HEARING OFFICER: still has confidential documents. MR. STILLS:
The hard drive
That's correct. For the record, Your I
MR. SPAANSTRA:
Honor, I have Caroline Lee on speaker here. think we have resolved this. THE HEARING OFFICER: MR. SPAANSTRA:
I think so.
Caroline really
knows the ins and outs of this, but if we are down to five documents, that will make it pretty easy. We are fine as long as they are marked as you just indicated, Your Honor, and CDPHE, we are confident, has procedures in place to keep them confidential. THE HEARING OFFICER: Do you want to
make a proffer on the record about which five or do

358 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 it. you, I'm close. you just want to talk privately? MR. STILLS: No, I don't think it's
a good use of the time right now to do that, and I think there are still privileged documents coming to me. I'm making decisions about which of those I haven't seen them yet. MS. LUCAS: MR. STILLS: We were going -I'm not saying -Let me tell
to go through.
By 1:00, after the lunch break, I
will have been all the way through this privilege log. I have, then, a question and you might
caution Caroline that this is coming. MR. SPAANSTRA: hear Judge Dana? MS. LEE: I can. Thank you. I'm going Caroline, can you
to -- I need the underlying e-mails for about a third of these documents. MS. LUCAS: We have them. MR. SPAANSTRA: From listening Caroline is on top of
yesterday, she was already on it. THE HEARING OFFICER: Okay. So when
you can get me that, then I will combine that with

359 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 need one. MS. LEE: as well, Judge Dana. THE HEARING OFFICER: try and e-mail to me -MS. LEE: Sure. I will do that. -- the Why don't you I can e-mail them to you the ones I have questions about, and it won't take long to make this -- you know, this has been a quicker review than I thought it would be. MS. LUCAS: computer and I can -THE HEARING OFFICER: them to the disc I already have? MR. STILLS: I have a disc if you Can you add I have them on my
underlying e-mails that go with the documents on the privilege list. Just for the record, so everybody will know what we're arguing about, what I think I have is I have the attachments -MS. LEE: Right. -- that were
sent -- there was an e-mail sent from Mr. Filas, for example, to you, Mr. Spaanstra, but I didn't get the e-mail. All I got was the attachment that

360 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 going to get. MR. STILLS: And then I can close went with it. So I'm looking at it trying to
think, How is this lawyer-related, how is this attorney-client? Because I didn't have the cover So that's where I got
e-mail that it came with.
bogged down and that's the discussion we started up here at the bench yesterday. So now if I can get those and put them together, but it won't take long once -- if you will go ahead and e-mail those to me, then hopefully by 1:00, I'll just say, You get these documents. number. And, again, it's going to be a limited
I will caution you. MR. STILLS: Well, the confidential
I have, that's a discussion revealing on how I deal with them, those documents I've gotten, so that's a procedural matter. Once I get all the privileged,
then I will have, I believe, everything that I... THE HEARING OFFICER: That you are
that off and know it's closed off and do what I need to do on that, so I appreciate that. THE HEARING OFFICER: MR. SPAANSTRA: Okay.
Ms. Lee, for the Actually, it's
record, could you spell your name.

361 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 here. the way you would think, but just do it. MS. LEE: Sure. It's Caroline,
C-A-R-O-L-I-N-E, Lee, L-E-E. MR. SPAANSTRA: Thank you. Okay. Can we
THE HEARING OFFICER: invite in the hoards of the public? MR. STILLS: No.
I have one thing I
Let me go ahead and do this briefly.
would like to discuss this here and then we'll come back and do the cross. VOIR DIRE EXAMINATION OF FRANK FILAS BY MR. STILLS: Q Mr. Filas, good morning. I appreciate
you answering a couple of questions concerning what I think I can refer to as the CH2M HILL report. It
was provided by Mr. -- I forgot his name -- one of your colleagues. It was provided to Energy Fuels
as a report, and it's been referred to as a basic engineering report amongst our discovery responses back and forth. Are you familiar with this front page of this report? A Q Yes. Is there anything confidential on this
particular page?

362 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 one minute. A No. MR. STILLS: I would like to enter
this page into the record, then, Your Honor, as a nonconfidential document. MR. SPAANSTRA: the page in front of you? MR. FILAS: Yes. Your Honor, give us Frank, do you have
MR. SPAANSTRA:
We would like to confer. THE HEARING OFFICER: Okay.
(The witness and counsel confer.) MR. STILLS: The witness is
conferring with counsel, for the record. THE HEARING OFFICER: MS. LUCAS: Apparently.
We were just curious.
This particular page probably doesn't have any business confidential information on it, but are you going to present every page of the report? MR. STILLS: MS. LUCAS: MR. STILLS: I sure hope not. Where is this headed? I'm getting a little
bit of voir dire on how the document was handled to see if it's got any privilege still attached to it at all. MS. LUCAS: First of all, just for

363 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 the record, it's not privileged. MR. STILLS: Confidentiality. MS. LUCAS: It's confidential. So I'm sorry.
you have had this document since whenever, October 5th, I think, and you've been working with it. And
the only issue here is whether or not we can put it up on the screen so the whole public can see it. MR. STILLS: MS. LUCAS: That's correct. And whether or not CDPHE
will keep the record closed when people come in later and look through the public record. MR. STILLS: MS. LUCAS: That's correct. Okay. You know, I guess
it's one page of that report.
We could agree it's
nonconfidential without waiving the confidentiality of the report as a whole. You had requested that
we redact portions of it, and our response was it's a long report and there's confidential information on almost every page, and that is why we wanted the entire report to remain business confidential for your use in examining our witness at this hearing but kept confidential from general public consumption. MR. STILLS: Okay. I appreciate

364 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 document? A No. However, we did make a decision when questions. Q (By Mr. Stills) And I will refer to this your position. I have a couple of questions that
go towards those issues. THE HEARING OFFICER: Ask your
as the basic engineering report to refer to the whole report -A Q Sure. -- that this is part of. Who was provided a copy of the entire basic engineering report? A Q Energy Fuels. We have eight sets.
You have eight sets. Was anyone else provided a copy of that
we put together our license application that -- I take it back. We gave a copy to LynTec, who is I
another processing company that we work with.
don't know -- I think that set was returned to us, though. Q A Q I'm not sure. I was not involved in that.
Did you provide a copy to anyone else? Not that I'm aware of. Were confidentiality agreements prepared
before those were shared with LynTec?

365 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 that. Q Were you involved with the preparation of A I don't know. I was not involved in
the discovery response? A Q To some extent, yes. And this has material in it that was
relevant to environmental and contamination issues? A I don't know. I can't remember much in
there that was environmental or contamination related. Q A document. Q Is there any parts of this report that is But those aspects -I mean, it's basically a process design
relevant to contamination and environmental impacts? A If there is, it's not addressed in very
much detail because that's not how I would characterize that report. Q A Q impacts? A To the extent that we thought it was How would you characterize that report? As a process design document. And is design relevant to environmental
relevant, we excerpted those plans, which are the

366 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 general arrangement plans for the mill and the process flow diagrams. We didn't necessarily want
to provide all of that, but we thought that that was information that CDPHE needed in order to do their evaluation. So we got approval from CH2M We
HILL to use those drawings in that capacity.
had each of those plans reviewed and stamped by a PE as requested by CDPHE and we provided that in Volume 1 of our license application. Q Do you have to get CH2M HILL's permission
to use other parts of this document? A I would. I'm not an attorney, so I don't
feel real comfortable reading this and determining one way or another whether I could act without their approval. So normally what I would do would
be -- you know, be very direct with them and say, we would like to release this, if we decide we want to release it or the Court decides that we have to, I would certainly talk to them. Q Do you have the authority to release this
on behalf of Energy Fuels? A Q A Q No. Who would? Probably Curtis. As --

367 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 A I'm not legal counsel. I'm the
environmental manager. MR. STILLS: enough of this now. I think we have done
I think we have now fed into
the discussion we need to have, but I think I've got what I need to know. I think we probably need
to hammer this out amongst counsel and see if we can get a stipulation on it. Otherwise, I will Thank you.
take it from here when I start cross. THE HEARING OFFICER: mark this as 11? MR. STILLS: MS. LUCAS: Yes.
So you want to
Your Honor, I just want
to -- can I ask a question of Mr. Stills? THE HEARING OFFICER: MS. LUCAS: Sure.
And this might be part
of the conversation we'll have later, but I just want to know what we are conversing about later. What do you want? Do you want us to call this not
a confidential document so that you can project it on the screen and have people ask CDPHE for copies of it? MR. STILLS: for copies of it. Yes. Or not ask CDPHE Let
Ask me for copies of it.
Dr. Grossman use it outside of his capacity as a

368 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 party. Let Sheep Mountain Alliance's members, as
opposed to its litigation team, be able to review it. Have folks such as Sarah Fields, who has as
much information on these as anybody, to post it on SMA's website so the public can understand, because this document was used as the basis -- for this proceeding, which we take the view -- Sheep Mountain Alliance takes the view as a public interest organization that it's not just for the litigation team of the entity, but it is important for the broader public and their members -- we can't give these to their members without having a protective order that is completely unwieldy -- to understand and see the basis of the report upon which the application was built. MS. LUCAS: Dr. Grossman, of course,
is a party and so he has access to this if he needs it. We will talk about this later, but we
definitely are interested in keeping it confidential exactly to avoid it being posted on anybody's website. MR. STILLS: We are interested in it
being not confidential exactly for the opposite reason. MS. LUCAS: Okay. Thank you.

369 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 conversation. MR. SPAANSTRA: To follow up, are we
talking about making portions of it -- is that the conversation? MR. STILLS: That can be part of our
I've raised that as a potential We think the vast amounts of it
solution to this.
are not business confidential, has no trade secrets. And, again, this is going back into our
briefing where we think that there should be some proffer at least by Energy Fuels to be able to keep these documents protected at all. not our burden. I think it is I
I think it's in the briefing.
think we disagree on this.
But for confidentiality
to be maintained, it's not our duty, it's not our burden, and I don't think it's been met by Energy Fuels. I'm willing to talk about it informally,
though, as opposed to moving into motions practice. MR. SPAANSTRA: So in terms of going
forward and to make sure we understand, the parts of your cross-examination where you use it, we're going to have that done in camera? MR. STILLS: In camera and I think
we should plan on some time for in camera for my cross-examination. I'm guessing that we are not
going to be able to reach agreement on all of it,

370 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 but I would like to reach agreement on as much as we can on this document. MR. SPAANSTRA: MR. STILLS: Okay.
Thank you. Correct me.
THE HEARING OFFICER: I'm going by memory.
This document is submitted as
confidential based upon the proposition it contains trade secrets for the design process? MR. SPAANSTRA: business information. Confidential
It's a document that the The
client spent millions of dollars to get.
competitors in the west who are looking at other mills are extremely interested in this document. That's the primary basis for our designation that it is confidential. THE HEARING OFFICER: Which is also
probably the same reason that CH2M HILL would assert its own argument for confidentiality. DR. GROSSMAN: Can I ask a question? Yes.
THE HEARING OFFICER: DR. GROSSMAN:
Mr. Spaanstra, you
talked about other entities other than Energy Fuels that might be interested in this document that are currently in competition with Energy Fuels; is that correct?

371 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 MR. SPAANSTRA: Yeah, I'm just
thinking offhand of a new mill proposal in the southwest. DR. GROSSMAN: Do you have any idea
of how many other companies, other than Energy Fuels, are interested in uranium mining and milling in the southwest that would be in competition with Energy Fuels? MR. SPAANSTRA: Curtis would -- Frank is... MR. FILAS: Well, I think there are I think Frank or
several others, but our main competitor would be Strathmore. They have already -- I did get a
telephone call from Steve Tarlton at one point in time that they basically requested all of our documents that we submitted to CDPHE as part of the Freedom of Information Act for Colorado. Then they
ultimately decided they could download it all off of CDPHE's website, which I understand they did. So obviously that reduced their permitting cost because they could take documents that we had already done. Now, obviously, a 1.6-million-dollar process design might also be very interesting to them and give them a competitive advantage. They

372 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 five. DR. GROSSMAN: MR. FILAS: MR. STILLS: question on that. Are you experienced with these kinds of applications in front of the Nuclear Regulatory Commission? MR. FILAS: I have worked with the Thanks. information. are permitting a -- working on a permit application with the NRC for a site in New Mexico and also one in Wyoming. DR. GROSSMAN: That's good
Would you say that besides this
company, are there like five other companies or ten or two? MR. FILAS: It's probably less than
Sure. And I have a follow-up
Nuclear Regulatory Commission in the past but mainly on closure. I'm moving into one for our new
project in Wyoming and have some familiarity with it, but I have never -- let's face it. The last
license application for a conventional mill that was approved with the NRC was back in the late '70s, and I was not involved in that. MR. STILLS: Are you familiar with

373 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 any of the in-situ leach proposals that are going through the Nuclear Regulatory Commission? MR. FILAS: Not in detail. I'm
somewhat familiar with the generic EIS that was put together and I hear names back and forth in passing, but I have got enough work on my own desk that I don't get too involved in what others in the industry are doing. MR. STILLS: But it's correct that
this kind of document would be openly available in an NRC proceeding? MR. FILAS: Certainly. And if I
have access to Strathmore's documents -- for example, the environmental documents -- for permitting, I will download those and look through them and see what sort of comments NRC is making. That's just common sense. To me, though, it's a little different what's publicly available as far as environmental issues go that we go into quite a bit of detail in the permitting and what might be a process design and how much chemical reagent we had here or how much something costs or what your operating costs are going to be. Those are all company
confidential normally.

374 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 proceed. we -MR. STILLS: I can take this up when MR. SPAANSTRA: little bit ambiguous. Your response was a
Travis asked you if this
sort of document, the CH2M HILL document, was commonly available in NRC proceedings. MR. FILAS: No. In fact, the NRC
typically does not ask for the same level of detail that CDPHE asks for. As I mentioned earlier,
that's why I was somewhat reluctant to give them our process flow diagrams as part of that. But we
felt, based on our informal questions to them, that they would require that level of detail, so we made the decision to do it. THE HEARING OFFICER: Okay. Can
we get to cross and deal with it in another setting. I don't think we are going to get it
resolved here unless -- so I'll deal with it at that time, so I'm willing to suspend cross and come back. THE HEARING OFFICER: step is to bring in the audience. (Off the record, 11:08 to 11:12 a.m.) THE HEARING OFFICER: Mr. Sandler, So the next

375 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 MR. SANDLER: Thank you.
CROSS-EXAMINATION OF FRANK FILAS BY MR. SANDLER: Q A Q Good morning, Mr. Filas. Morning. I have got questions mostly relating to
wildlife issues for you this morning, and I will try to keep my thoughts organized. I may jump
around a little bit, so I apologize if that happens. But I'm going to start off just talking about the habitat improvement plan. A Q Okay. Now, you've spoken about this habitat
improvement plan, and it will be an area that's fenced off, correct? A Q Correct. And the inside of this fenced area is
going to be reserved for wildlife? A Q A Q Yes. And you said mostly for deer and elk? Correct. Now, it's fair to say that there are
other species that will be affected by your mill on this site?

376 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Q what? MR. SANDLER: Lek, L-E-K. A Yeah, as I mentioned, there are a lot of
rabbits there, both cottontail and jackrabbits. Q vicinity. A The nearest sage grouse that we are aware Sure. And some sage grouse in the
of is eleven miles south. Q correct? A Correct. THE HEARING OFFICER: The nearest But that was the nearest sage grouse lek,
(By Mr. Sandler) Now, the sage grouse lek
is their dancing grounds; is that correct? A Q A I'm not a wildlife specialist. So do you know what a lek is? Not really. It's just where I know that
you have breeding colonies and where you would expect to find them. Q Okay. So if I told you that the lek was
actually the dancing grounds where they go to dance and breed, would that seem reasonable to you or you just -- you have no idea? A It seems reasonable. I would imagine you
probably have some water there that would support

377 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 them. At least what's what I have been told.
Again, that's something that, you know, I read a report, but I don't necessarily pretend to understand all aspects of it. Q Sure. I'm going to move past this, but
I'm going to come back to sage grouse later on a bit, but fair to say this habitat improvement area won't benefit sage grouse? A It could. Basically, the Division of
Wildlife said that that's something that they may consider. It was my understanding -- that's why I You would probably have to
brought up water.
figure out how to provide some water because there's almost no surface water. There's a few
seeps in East Paradox Valley, but there is no perennial streams or even intermittent-type streams. Q Sure. Now, is it fair to say that some
species won't like the fencing, that that would interfere with their natural rhythm of life? A You know, the fencing is designed to
preclude livestock, but I would have to defer to wildlife biologists on that question. if it would exclude other species. Q Sure. And as you said, you are not a I don't know

378 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 wildlife biologist. A Q Correct. Now, you have spoken about this habitat
improvement plan, but you don't actually have an area for this yet? A Q No, we have not acquired that. So throughout your analysis, you were not
able to analyze the effectiveness of this habitat improvement? A The intent was that the Division of
Wildlife would work cooperatively with it and they would be doing that assessment, and possibly we might have biologists assisting us to try to make that area as attractive as we could to wildlife. Q A Q So try to improve what's there? Exactly. So kind of create a habitat within this
fenced area? A Uh-huh. And I might add that, you know, This is what the
this was not our proposal.
Division of Wildlife suggested, and so we worked with them to develop it, the idea anyway. Q I just want to clarify. When you say
Division of Wildlife, are you talking about Colorado Parks and Wildlife?

379 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 A It is now Parks and Wildlife. At that
time it was Colorado Division of Wildlife. Q But you plan on working with the new
organization, the new department? A Certainly. Obviously, I think they
combined two divisions into one, so basically I'm guessing that most of the same people are still there. Q Now, I'm just going to shift over to talk
about the tailings areas and the closure of those areas. A Q Okay. Now, you had talked about how the closure
was analyzed for a thousand-year period? A Q Correct. And that's the liners and such. The
thinking was about how they would hold up for a thousand-year period? A Q Uh-huh. Now, it's fair to say that the material
within those tailings closure areas, they are going to be radioactive longer than a thousand years, correct? A Q Correct. In fact, that material could have

380 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 radioactive properties for up to half a million years. A Certainly. But I would also point out
that material is in the -- that same material and level of radioactivity is in the bluffs above us or in the mesas above us, because that's where those mines are. So this is, again, low level
radioactivity, not high level. Q Sure. But even at low levels, I mean,
you wouldn't want children going and playing in there, correct? A No, we would not put that sand in their
sandbox these days. Q Yeah. But there wasn't an analysis of,
you know, what would be done further than a thousand years out; is that correct? A We basically follow the government
regulations, and I believe they say that the site has to at least be stable for 200 years and preferably a thousand year. Q But you would agree with the nature of
what we're dealing with, that could seem short-sighted? If we have something that could
still have radioactive properties for half a million years, just to think about a thousand years

381 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 could be short-sighted? A But, again, these radioactivity levels
are at natural levels that you can find in the environment around that site as well. Q A Sure. Yeah. In the mines you had pointed out. In fact, the salt-wash outcrops
above us and in many of the canyons and valleys in the western end of Colorado and eastern Utah, there are -- outcrops of the salt wash are very common. Q But once again, those mines and those
high radioactive areas wouldn't be areas that we would want kids to go and play in? A Q Certainly not. I'm going to shift over to some water
depletion issues, and it's correct that one of the reasons this is an issue is because we have some endangered Colorado river fish that depend on water from the Dolores. A Q Uh-huh. And the reason they depend on that is for One, they need the flow and, two, a
two reasons:
decreased flow leads to decreased water quality; is that correct? A Let's see. A decreased flow, yeah, I
would say so.
It would, if it is extreme low-flow

382 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 conditions. Q A And -At the same time, you understand that if
you had very high-flow conditions, you typically have decreased water quality too. Q Sure, correct. Now, the Colorado Water Conservation Board had some concerns with this mill, correct? A They had concerns with water depletion
from our production wells. Q Sure. Specifically with the water
because that's their focus, right? A Q Uh-huh. So you came up with kind of a mitigation
or a plan to put some stream flow back into the Dolores. A Q Correct. And that's to replace water that will be
kind of sucked from this aquifer to run this mill, correct? A Let me point something out. There is a
little bit of a disagreement that we had with the Colorado Water Conservation Board that has an in-stream water right. That disagreement was we
maintained that the water that we would use for

383 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 this mill would, under normal circumstances, follow the Chinle formation to near the Dolores River and then would cross through the salt anticline where it would be intercepted by the groundwater extraction wells that the Bureau of Reclamation has in place along the Dolores River. Those wells
extract 200,000 tons of very briny water a year and inject them three miles underground. We maintained that we would not be causing a depletion. However, the Colorado Water
Conservation Board basically says this is what the law says and we have an in-stream water right. Therefore, we want you to mitigate this situation as part of your water rights. And to be very
honest, we worked with them in order to mitigate it, and we do not have a problem with helping out on wildlife issues. Q Sure. And the water board has an
expertise on water issues? A Certainly water law. MS. LUCAS: Your Honor, I just want
to point out that we have -- I'm not going to object to the -- I'm objecting to the relevance of this line of questioning. to stop necessarily. I'm not going to ask you
I just want to point out that

384 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 all of this is on the water rights question and not the radioactive materials license that's at issue here. THE HEARING OFFICER: Well, I think
there's -- the issue of surface-water quality and groundwater quality is adequately raised in the issues counsel gave me. We can argue about what I
do with it, but I will let it into evidence, so go ahead. MS. LUCAS: Yes, sir. The line of
questioning is also going to quantity and endangered fish -THE HEARING OFFICER: MR. SANDLER: this line of questioning. Q (By Mr. Sandler) But the board felt that Okay.
That's my point in
your use of water near wells would deplete water in the Dolores River, correct? A Q Correct. So that's why you have this agreement
with -- it's the Dolores Water Board, I believe, to take water from the McPhee Reservoir? A We do not have an agreement in place yet,
and that would be with the Dolores Water Conservancy District, I believe is the name of

385 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 them. them. Q A Okay. And we have proposed an agreement with However, the Bureau of Reclamation has to
cosign that, and they have asked that we do an environmental assessment before they would agree to sign that. If for some reason we could not reach
agreement with the district, more likely than not we would find another way to acquire that water to honor our commitment. Q And when you say they want you to do an
EA, that's pursuant to NEPA? A Q A Q A Q A Q Correct. Have you started that process yet? No. Do you intend to start that process? Not in the immediate future. But it's something you are considering? Yes. Now, there is an agreement drafted up,
correct, to get water from McPhee and put it back into the Dolores? A agreement. Yes. And I'm casually aware of that
I have read through it at one time.
But I'm not the person that has a lot of knowledge

386 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 about it. Q Okay. But surely this agreement is one
of the mitigation measures considered when talking about the fish species, correct? A It was not in the environmental report.
I don't recall if the State looked at that in the EIA or not. on. My guess is no, because it came later
So, again, we had agreed to -- if these wells
would have been on federal land, the typical mitigation would be to make a one-time contribution to the program that is in place to preserve those endangered fish. And we agreed, even though we
were not on federal land, that we would make a similar contribution for our production wells. Q And just to clarify, when you say
"federal land," that biological opinion that that fee is coming from goes specifically with BLM land, correct? A I don't know what the biological
opinion -- you know, the legal aspects of it, to be very honest with you. Q Now, I just want to touch on -- you have
testified that there is this draft agreement with Dolores Water Conservation District, correct? A Correct.

387 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Q ahead. MR. SANDLER: Thank you. Q And that has been signed by Stephen
Antony, the president and CEO of Energy Fuels, correct? A Q A Yes. I don't know if he signed it --
Would it help to take a look at that? Certainly. MR. SANDLER: Your Honor, would you
like me to ask to approach or may I -THE HEARING OFFICER: No, just go
(By Mr. Sandler) I'm handing you the
lease agreement. A guessing. Q A Q Well, it's signed by Mr. Antony. But it's not signed by the district. Sure. So it's not necessarily a draft Probably a draft lease agreement, I'm
but just not a complete and signed document. A And as you notice here, as I mentioned,
it has to also be cosigned by the Bureau of Reclamation, and neither of those have happened, as far as I know. Q Sure. MS. LUCAS: May I see that, please?

388 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Q MR. SANDLER: MS. LUCAS: Yes. Thank you.
(By Mr. Sandler) And since this isn't in
effect yet, I just want to touch on one aspect of this and just ask you about it. Now, within this agreement -- and from what you are saying, you don't have a lot of familiarity but you have read through it, correct? A I read through it once a long time ago.
It's not something that I have seen lately, though. Q But there is an area that deals with
water shortages? A Q I will take your word for it. And in that area, it says: If there
should ever be a shortage of municipal and industrial water, lessee's utilization of lessee's water shall be reduced in the proportion that the amount of such shortage as determined by the district bears the total amount of municipal and industrial water allocated by the district. And I can show you that if you want to read that, but... A No. It sounds reasonable. They would
put protection measures in there in case they cannot supply all of the water that's required in

389 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Q questions. MR. SANDLER: Thank you. the agreement. Q So that aspect of the agreement right
there is talking about a situation where there is probably severe drought, correct? A Q of water. A Obviously, I don't know what would cause Could be, yes. Or a time where they just have a shortage
them to have a shortage other than a drought, but I could imagine there would be other things. Q Possibly. I mean... Your Honor, I'm going to
MS. LUCAS:
object again to this line of questioning. Mr. Filas has said that he has passing familiarity with this contract or this draft contract. we are getting outside the relevance of the radioactive materials license. MR. SANDLER: Sure. And this just I have two more I think
deals with the endangered species.
questions and I'll be done with this. THE HEARING OFFICER: Ask your
(By Mr. Sandler) So you would agree that
in a time of drought when these endangered Colorado

390 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 River fish need the water the most, pursuant to this agreement, you may not have the water to put in there, correct? A That could be a possibility. I also
would point out, though, that our depletion, as measured, is a very, very small amount. I don't
remember if it was .01 percent or .001 percent of the average flows, but it was a very small amount. So what we are trying to do is put in measures that would take care of our depletion, which is very small. fish? Would it have a material effect on the Probably not; not that could be measured, in
my opinion. Q Sure. But as you said, you are not a
wildlife biologist, so you don't know if, in a drought condition, your taking could have a significant effect on these fish? A Q Correct. Moving on, I want to talk a little bit You are familiar with
about the NEPA process. that, correct? A Q Yes.
And you have worked on projects that were
NEPA compliant? A I have worked with both the BLM and the

391 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 U.S. Forest Service on NEPA documents. Q Now, when the Nuclear Regulatory
Commission licenses a mill -- and I understand this hasn't been done in a lot of years, but when they did that in the late '70s, they had to comply with NEPA, correct? A They had to comply. I would say, you
know, having been involved a little bit at that time, it was relatively new to them, and so it was a little different situation than maybe what it is right now. I know they have improved tremendously
and have guidance and quite a bit of NEPA-type guidelines that they've set up, I guess is -Q Sure. But as you just said, they do
comply with NEPA. A Q Correct. Now, is anything required by NEPA that
you haven't done here in your application? A I don't know. I tried to cover But to be very
everything that would be required.
honest with you, I'm not sure on that. Q And you are familiar with the difference
between an environmental assessment and an environmental impact statement? A Correct.

392 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 time. Q Now, you would agree that a project of
this size and this magnitude would normally require an environmental impact statement? A It would with the NRC at this point in They would require an environmental impact
statement. Q And that's because there would be
significant effects on the environment? A Again, I'm not a NEPA expert, so I'm not
going to say whether they would be significant or not. It's my understanding that the way some
agencies interpret it, if you mitigate an effect, then it's not significant, but it varies from agency to agency. Q Sure. Now, I want to talk about the You analyzed a no
alternatives you analyzed.
action alternative and a proposed action, correct? A Q Correct. So you didn't analyze an alternative
based on a lower amount of tons per day; let's say 400 tons per day. A Q You didn't analyze that.
No, we did not. In fact, you didn't even consider an
alternative that would have processed less ore per day, did you?

393 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 A Q No. Now, you also did analyze an alternative
that would process 1,000 tons per day, correct? A Q Correct. And even though you know that this mill
would be set up to process 1,000 tons per day in the future, correct? A We set it up so we could expand it in the
future if the economics warrant it, and any prudent person would do that. Q Sure. And certainly it's Energy Fuels'
hope that economic conditions would warrant that type of expansion, correct? A Q Correct. Because it would be doubly profitable at
1,000 tons per day versus 500 tons per day. A Not doubly, but it would be more As
profitable if the price was at the right spot.
far as how much you make is dependent on a lot of factors coming in, including the price of the commodity. Q Sure. Now, 1,000 tons per day would
require more water, correct? A Q Yes. It would require more transportation,

394 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 correct? A Q A Q documents? A Q No. Now, I want to talk about cumulative Now, you have a whole Correct. It would require more workers, correct? Yes. But none of that was analyzed in these
impacts for a little bit.
section in your environmental report dealing with cumulative impacts, correct? A Q A Yes. Now, that section is 10 pages long? Yeah, it wasn't very long. I don't
recall how long it was. Q Fairly short section. Now, in that cumulative impacts section, you don't analyze any impacts to wildlife? A You know, I don't know that -- again,
that section, it's been a few years since I reviewed it, so I'm not up to speed on it at this point in time. Q A Would it help to take a look at it or... I would probably have to read the entire
section and I have not for several years, to be

395 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 honest with you. Q So you haven't looked at the cumulative
impacts in several years? A Q That's correct. Now, the cumulative impacts didn't
consider the impacts at the mines that would feed this mill, correct? A Q I think it may have, but I'm not sure. Now, the cumulative impacts did not
consider some past actions in the vicinity of this site, and specifically -- you are familiar with this site, correct? A Q A Q Yes. Now, there is waste rock pilings. That's an overburden pile. And that's pretty much right next to this
site, correct? A Yeah, it's between us and the open pit
where this material was excavated. Q And that's not a natural landscape
feature, correct? A Q No, it is not. And the cumulative effects of that past
action and the mill was not analyzed, was it? A I don't think it was, no.

396 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Q And the cumulative impacts section
doesn't look at impacts to sage grouse? A Q I can't recall. And does it analyze the effects of mining
in the area on the Gunnison sage grouse? A Q I don't recall whether it did or not. Just to be clear, when I say sage grouse,
I'm referring to Gunnison sage grouse because that's the species we are dealing with here. A Q That's correct. And the cumulative impact didn't analyze
the effects of that mining on the endangered Colorado River fish; is that correct? A Q Again, I can't recall. And the cumulative impact did not
consider the effects of future mining that will be required to feed this mill? A Again, you know, I can't really recall on
that, but understand that it doesn't take very many of these small underground mines to feed one of these mills. And I know that in our license
application, we did look at transportation to the mill from both existing and future mines that could be permitted that -- so I know that transportation was certainly looked at within the environmental

397 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Q report using that information that was provided in one of the attachments to the license application. Q Sure. But that transportation would be
different than the actual mining activity? A Certainly. You basically -- a mine site,
on average, is about -- I think what we said in there is about 20 acres in size, and you may have half a dozen of these sites spread over -- or up to nine, maybe -- over a four-county area. Q And am I correct that some of this mining
will be done in abandoned mines? A abandoned. Q No. If a mine is abandoned, it's
I guess I don't follow your question. Well, there could be some mines where
it's already dug in, but they didn't extract all of the ore that could be in there. A mines. Q Sure. Existing mines that aren't being Oh, so we are talking about existing
mined currently. A Q A Correct. Sorry if my terminology is wrong. No, I understand. Yes, certainly. And you would agree that some of these

398 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 yes. Q And if these mines are re-mined, it will non-mined mines, I guess to say, are homes to bats at this point? A Some of them could have bats in them,
affect those bat species? A It could to a certain extent. Typically,
we do mitigate any impacts to bats when we reopen a mine. Basically, we reopen it when it's not You know, basically we let the
hibernation time.
biologists advise us, and then we keep them out of there after that point in time. So we're aware of
the bats and we do our best to take care of them. However, let's face it. They wouldn't
have had that habitat in the first place if our predecessors wouldn't have mined it, so... Q Sure. But they will be affected if the
mine is started up again. A Q To some extent they could be affected. And your cumulative impact section did
not analyze that effect, correct? A Q I don't believe it did. Now, your cumulative effects analysis
only considers an area -- it's kind of an oval about 30 miles around the mine; is that correct?

399 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 apologize. Q (By Mr. Sandler) Now, if I may, and this A You know, typically you do it for -I don't know
various media you analyze separately.
if they decided that -- you know, again, it has been a long time since I read that section of the ER. So I will have to take your word for it, if
it's 30 miles if that's what they did, or was that just socioeconomics or was -MS. LUCAS: for clarification? Your Honor, may I ask
Mr. Sandler asked about a
30-mile impact around the mine? MR. SANDLER: Around the mill. I
may help, but what I'm showing you is a map with kind of an oval around it that's labeled cumulative impact area, and there's a scale at the bottom which I used to roughly estimate the distance. A Q Okay. So you would agree that by looking at
that map and the scale, it appears that it's about a 30-mile cumulative impact area that was analyzed? A It looks maybe a little larger than that.
I will point out that it extends into Mesa County and Montrose County, San Miguel County, and Dolores County on the Colorado side, and it covers the San

400 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Juan County part of that on the Utah side and also part of Grand County. And it looks like it covers
about the extent of where our underground mines would be that would feed that mill. Q And if you could just tell me the page
number for the record. A Q 6-4. It's the ER, Page 6.4, that we were just
looking at. Now, you would agree that trucks will be bringing the final uranium and vanadium much farther than this 30-mile area? A Yes, and probably in the neighborhood of
one trailer truck every one to two months. Q Sure. Now, if there was an accident with
one of those trucks, that would impact an area outside of this cumulative impacts area, correct? A Q Yes. And if there was some sort of an accident
at the mill -- a fire, an explosion -- that could impact areas outside of this 30-mile cumulative impacts area, correct? A Q I would consider it highly unlikely. But it could. Even if it is unlikely, in
a windy event --

401 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 the mill. A Q Yes, they could be. And the effects on those birds could be A witness. MR. SANDLER: Okay. change it. to add? MR. TARLTON: Well, I thought he MR. SANDLER: Do you have something
answered your question, and now you're trying to change his answer. MR. SANDLER: I'm not trying to
I'm just trying to figure out -THE HEARING OFFICER: Talk to the
I can't imagine how it could extend
beyond that, you know, based on what I know, but I mean, that's my opinion. Q (By Mr. Sandler) Okay. Thank you.
Now, migratory birds could be affected by
felt outside of this 30-mile area, correct? A I suppose if they were affected and flew
outside of the area, yes, that could occur. However, as you well know, we have mitigation measures in there. Q Sure. We will talk about that later. We
will have the chance to talk about that.

402 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 you have? MR. SANDLER: halfway through. THE HEARING OFFICER: Why don't you I would say I'm maybe A Q Okay. Do you know how this approximately
30-mile cumulative impacts area was decided? A I don't recall. At the time, I did. But
I don't recall as far as -- Edge made that determination and explained it to me, but I don't recall the details on it. Q Sure. MR. SANDLER: Judge, I don't know I could
what time we are going to stop for lunch. keep going or I could -THE HEARING OFFICER:
How much do
go on another 15 minutes or so, if that works for everybody. Q (By Mr. Sandler) Now, your hope is to
keep wildlife out of the mill site, correct? A Q To the extent we can, yes. But you would agree that some wildlife
will enter the site. A Q Correct. And specifically birds are one of the

403 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 species that you analyzed, correct? A Q Yes. Now, you would agree that -- would you
agree that prairie dogs that live around the site could burrow under the fence? A I would consider that unlikely since we
have agreed to put in subsurface fine-mesh fencing to prevent that from happening. Q Sure. And that subsurface fencing would
go down two feet deep, correct? A It was two to three feet. I can't
remember exactly. all I know. Q
It might have been 30 inches for
But if prairie dogs can burrow six feet
deep, then that potentially could create a situation where prairie dogs could burrow under that fence and end up inside the site? A Yes. But as you're probably aware, our
facility operating plan calls for inspections on every shift, and if that situation was discovered, it would be rectified. Q Sure. But potentially prairie dogs could
enter the site, experience some sort of contamination, and then exit this site and not be detected?

404 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 A unlikely. Q A But that possibility was not analyzed? We put in mitigation measures to make In other words, It could happen, but it would be very
that situation highly unlikely.
originally our fence did not have a subsurface component. Our consulting biologist strongly
recommended that we put it in, so we did. Q A Q And who was that consulting biologist? That was Dr. Archie Reeve. And you are aware that there are prairie
dog colonies around the site? A I'm not aware of any of them being active I believe there were
at this point in time.
burrows on adjoining land, but I can't recall if there was an active colony in our immediate vicinity. Q Now, you had testified yesterday that
there may have been some sage grouse -- or sagebrush control measures taken within the site at some point. A Yeah, it would have been long ago, but it
appeared to us that it may have been chained at one time. Q Now, I just want to talk about just the

405 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 methodology for dealing with species that could be present. Through your consultants and the reports
you put together, you analyzed the different habitat types within the parcel, correct? A Q Correct. And I'm looking at Page 4 and it appears So you
to be a Kleinfelder 2009 Wildlife Survey. are familiar with that document? A
Are you referring to the ER or are you
referring to the -Q A This was part of the application. Okay. So we are looking at -- let me We are looking at -- is it a
just reference here.
vegetation or wildlife survey? Q A It is a wildlife survey. So, yes, that was in Volume 3 of the
license application. Q Correct. So Page 4 talks about the
habitat ecotones, and it says that on the site, you have pinyon-juniper habitat along the bluffs in the southwest portion of the site joining a narrow strip of big sage habitat, and native grassland habitat abuts both the big sage habitats throughout the central portion of the site, extending centrally from the northwest corner of the site to

406 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 the southwest portion of the site. Another big
sage habitat occupies the northeast half of this site. A yesterday. Q But that doesn't mention this Right. That was the figure that I put up
potentially -- or this area that a rancher had affected through sagebrush control, does it? A No. It just mentioned that these were However, when
native grasses that were there.
we -- when Edge did their environmental report, that was a specific question that they asked, is whether it had been chained at one time. And I
think that question went to the rancher, and we didn't get a definite yes, but we got the impression it probably had been done at one time, maybe before he had the property. Q Well, when talking about the habitat
ecotones, that sagebrush management wasn't mentioned, correct? A Not in that report. It may have been
mentioned in the environmental report, but I can't recall. Q Now, you would agree that if that
sagebrush was managed, that would result in

407 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Q if you would. MR. SANDLER: R-E-E-V-E. different species using that area? A By managed, you mean that the sagebrush
would be allowed to gradually encroach on that grassland area? Q Sure. Or maybe you should clarify. In your description of the
habitat, it says natural grasslands. A Q A are there. Q Now, I'm going to draw your attention -Does it say natural or native? I believe -- it says native grasslands. And I think those are native grasses that
I'm going to put this on the projector, just so we can be clear here. It's an e-mail dated July 7
between Frank Filas and Archie Reeve. THE HEARING OFFICER: Spell Reeve,
(By Mr. Sandler) Now, this is an e-mail
between yourself and -- this was provided to us through the discovery request, and it appears to be from Archie Reeve, who we had discussed was the doctorate in wildlife biology, and yourself. guess it is kind of hard to read up there. DR. GROSSMAN: this up for us old guys? Yeah, could you blow And I

408 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Q MR. SANDLER: Yeah, let me see.
(By Mr. Sandler) I can read the section Now, it's the second
that I'm referring to here.
paragraph up here where Archie Reeve is saying: Another unrelated question. From what I saw
on-site, the grasslands appear to be the result of past sagebrush control efforts rather than native grasslands that seem to be described by Kleinfelder in their vegetation report. Could you please ask
the former landowner about past sagebrush control on that parcel. If control was carried out, when,
how often, and by what procedures would be valuable information. If the grasslands are the result of
sagebrush control, different species might be expected compared to species inhabiting native grasslands. So does that seem to be an accurate reflection of what Mr. Reeve had informed you about? A Yes. And, again, as I said, we did
inquire with the landowner and he did indicate that it probably had been chained in the past; and, of course, Edge took that into account. In fact, in
many of the areas where Kleinfelder had done work, basically Dr. Reeve went through and in his

409 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 environmental report, he made changes that were somewhat different than what Kleinfelder had. But
I think overall, he was in agreement with what they had. But as with any two professionals in a
discipline, there will be areas where they disagree. Q I guess my confusion -- in the
environmental report, we still have the same description of environment. Nothing describing
this sagebrush control and the species that might be present because of that; is that correct? A I couldn't say for sure on that. I mean,
I definitely reviewed what they had at one point in time, but I'm not an expert in that area. Q But you would agree that if the
environmental report didn't consider the species that Archie is telling you about, then there could be species that would be there that were not considered in the environmental report? A surveys. No. Because, again, they did the field
They did four field surveys out there
during different times of the season, and whatever species was there was identified, whether it be vegetation or wildlife. Q Sure. But if it was a migratory bird

410 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 this: that came and used that managed sagebrush area, that might not have been picked up on the four times that they were out there throughout the year. Would you agree with that? A I guess there's a possibility, but
remember now that there is quite a bit of sagebrush already on-site. So we do have sagebrush habitat,
and we would be looking at those species as well as grassland species. Q Sure. But based on that e-mail from
Archie, the native grassland species would be different than species that used an area that was managed sagebrush turned into a grassland-type area. A I guess that's a possibility. But,
again, remember those field surveys were done out there in all four seasons, and the species that were present were recorded. Q And I guess just my last question on Would you agree that it is important in
these reports to have the habitat type reflect what's on the ground on the site? A Definitely the habitat should reflect
what the field surveys identified, yes. Q And what the wildlife biologists have

411 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 told you. A Again, we relayed back to Dr. Reeve what
we had been told, that it probably had been historically chained, and he took that into consideration, I'm sure, in his environmental report and assessment of it. And typically he was
good about pointing out where he had differences between him and the Kleinfelder report. Again, you
will have those differences of opinion when you have professional -- you know, professionals don't always agree on everything. Q Sure. So it sounds like the species that
would use this managed sagebrush grassland will be in the environmental report. A Q A I believe they would be. And they should be. Certainly. THE HEARING OFFICER: I want to
express an understanding and just have you folks correct. My understanding of the sagebrush control
exercise we are talking about here is you take two bulldozers and put a chain between them and drag it across the ground and pull up the sagebrush or the juniper or whatever happens to be there. MR. FILAS: Correct.

412 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 one. THE HEARING OFFICER: misunderstood, tell me. MR. SANDLER: I think that could be If I
I think there potentially could be other Burning could be one. But the
sagebrush control measures.
witness said chained, and that's my understanding of how one chains sagebrush. I'm just telling you
I'm applying a definition, and if you think it's something different, somebody better bring it up. MR. SANDLER: MR. FILAS: I can buy that. And we know this is a
common practice by the ranchers to provide more forage for the cattle that graze there. winter grazing area. Q (By Mr. Sandler) And I guess my point is It's a
just that different species would use that area versus a native grassland. A And I think that's maybe a question
better left for Dr. Reeve rather than for me. Again, he's the one that wrote that section of the report and would know quite a bit more about it. Q Sure. But based on his e-mail to you, it
seems like that's his opinion. A That was the opinion he expressed at that

413 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 take an hour. (Lunch recess, 12:02 to 1:05 p.m.) THE HEARING OFFICER: To complete time. Again, we provided him with additional
information on it and he took that into consideration, I'm sure, when he wrote that section of the report. Q And what you provided him was that his
assumption was correct, that this was managed sagebrush -A Q We thought it was probable, yes. But the rancher actually did inform you
of that as well? A The rancher would not have been the one He expressed he thought it
that chained it.
probably had been chained. MR. SANDLER: good time to break. THE HEARING OFFICER: Fine. Do we Judge, this might be a
have in-camera discussions required before or after the noon hour? I don't think so. MR. STILLS: MS. LUCAS: I don't believe so. I don't think so. Okay. Let's
one of my assignments, I have now reviewed all of

414 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 inclusive. MR. STILLS: May I make one inquiry, the documents, both the documents themselves claimed as privileged and the underlying e-mail or the overlying e-mail. MR. STILLS: realize we had started. THE HEARING OFFICER: Okay. I have I'm sorry. I didn't
been through the privilege log and I have been through the associated e-mails, so there were two separate databases, so to speak, given me. One was
the e-mail; the second was the attachment to the e-mail. Having reviewed each of the documents in the privilege log, I'm going to require that Energy Fuels deliver to the other parties No. 5 -Privileged Item No. 5, Privileged Item No. 12, although I would note that the privilege after discussion was waived as to that more so than my ruling on it, Privileged Item No. 17, No. 102, and No. 106. I will make a record of all this, but
that's the ruling. MR. STILLS: Does that include the
ones from yesterday or are -THE HEARING OFFICER: That's

415 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 that. MS. LUCAS: I don't believe so. I don't and I know it comes back to the argument. THE HEARING OFFICER: MR. STILLS: Sure.
Frank Filas has been
put forward as an expert, and many of those documents involve Mr. Filas in preparation of things to which he has given testimony. I would
like to at least maintain the objection that those -- a privilege to those should not attach at all under -- unless under the most extraordinary circumstances. For the record, if Your Honor would like to consider that, but I believe I have made that argument -MS. LUCAS: For the record, in
response, Your Honor, Frank Filas has always been an employee of Energy Fuels and, therefore, retains employee status in terms of attorney-client privilege -- or client status. THE HEARING OFFICER: is work product privilege. The claim here
I don't think there's a
work product privilege with Mr. Filas' name on it. MR. STILLS: I couldn't speak to

416 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 believe there is, so they are all attorney-client. They are Mr. Filas communicating with one of his counsel, Here's a marked-up draft of X, Y, or Z, I'm going to find that's privileged. I appreciate
your point, but I'm going to find it remains privileged. MR. STILLS: Thank you, Your Honor. And I think With
that takes care of that in-camera review.
that ruling, we are back to cross-examination of Mr. Filas. I'm sure he's looking forward to it. While he's walking up here, by way of an announcement, for anybody in the room who wants to make an oral public comment, there is a sign-up sheet back by the door. sheet. Six people can go on each
I need the spelling of your name and the
little bit of information it asks for to enable me to maintain a record of who showed up here and who participated. yesterday. I heard from six or seven people
I heard from three or four people when
we were here on the 15th. I have written comments at this point probably pushing 60, 70. I have to do some work
tonight to get these in an electronic format to get them out to counsel, and I haven't done that

417 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 me. pond. Q Evaporation pond. Thanks for correcting assignment as yet, although I think I now know how. If I have written comments from you, don't feel you have to repeat those. I have already them. So the
sign-up sheets are over there if anybody wants to be on that list for 4:00 this afternoon. Welcome back, Mr. Filas. under oath. MR. FILAS: Thank you. You are still
CROSS-EXAMINATION OF FRANK FILAS CONTINUED BY MR. SANDLER: Q Good afternoon, Mr. Filas. I want to
switch over to talking about the bird netting that's going to be over the tailings ponds. A Q A Q A Okay. Now, how big are these tailings ponds? They're about four acres each. And how many will there be? Ten initially. If we expand in the
future, there could be another ten. Q correct? A Correct -- not tailing. Evaporation So you said four acres per tailing pond,

418 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 And there will be ten of those, so we are talking about 40 acres? A Q Total. So we are going to have netting over the
40 acres, correct? A Well, there will be individual netting
systems over each of the four-acre ponds. Q Now, it's true that birds and bats will
get caught in this netting? A Well, based on what the Colorado Division
of Wildlife said, we reduced the size of the netting substantially. I think it may have been
originally two inches and now it's three-quarters of an inch. So only the very smallest of birds
could get trapped in the netting at this point in time with that design change. Q And just to be clear, my understanding
was their concern was that the two-inch netting, some small birds could still fly through that? A Q Correct. And now some birds still could, but it's
going to be harder with the smaller netting. A Q It will be less likely. But it's still of concern that birds
could get stuck --

419 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 A Q Yes. -- not inside, but get stuck in the
actual netting. A Q It could happen. And is that something that you analyzed
in the report? A We did not analyze it. I mean, I'm sure
it was mentioned, but I don't know that it was analyzed, other than the fact that I know our biologist said to reduce the size. We didn't do it
in the application, but we did it in response to comments based on the Division of Wildlife's concern. Q A So this was done after the fact. It was done during the application
process, the response to comments period. Q But there was never any analysis of how
this change would affect -A No, because the environmental report went
in with the application, and I know that Archie had concerns about it. And I suggested to Archie that
we just wait and see how the review process went, and if that was something that the regulatory authorities agreed upon, we would make the change and we did.

420 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Q Sure. Now, it's true you never
supplement your environmental report when things change? A Q That is correct. So what's in the environmental report and
the application is, I guess, fairly stale information? A Well, not necessarily. There were some
changes made, and understand that the State was still going to do their EIA process, so they were going to do their environmental impact assessment. We were required to submit an environmental report with our license application that would give them a good idea of what that site looked like and what the impacts would be, but they ultimately would make that decision, not us. Q Sure. So as far as you know, the change
of the netting size, then, was analyzed in the State's EIA. A Q A I don't know whether it was or not. But conceivably it should have been? You know, I don't know. I really don't
know how -- again, you have to understand that every agency -- and if you are talking NEPA, of course, you are talking a federal agency. Each

421 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 agency does things a little different. For
example, at our Sheep Mountain Project, we are doing two EISs because the BLM and the Nuclear Regulatory Commission can't agree on what's important. Q A Sure. So in my mind, what the State analyzed
was important to them, and whether it was in there, to be honest with you -- and I'm sorry, Steve -but I have never read the whole EIA, so I can't really speak to it. Q Sure. Now, just to clarify, that Sheep
Mountain Project, is that a mill? A Yes, that would be a heap leach with a
mill and an open-pit mine and an underground mine as well. Q It's a large project in Wyoming. Sure. And as you said, you were working
on two EISs for that? A Correct. It's a bigger project than
Pinon Ridge, put it that way. Q concerns? A Q Yes. Now, there's a possibility of insects, Sure. I would imagine some of the same
I'm sure, going through the netting.

422 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 A Q A Yes. Is that something that was considered? You know, I don't recall whether that was
in our environmental report or not. Q I guess conceivably insects could go
through and leave and get eaten by birds or bats or other wildlife. A Q I suppose so. And then that could create kind of a
bioaccumulation effect potentially. A I would have to take your word for it.
I'm not a biologist. Q Nor am I. But I'm just thinking about
the effectiveness of this netting and whether it's really going to keep the contamination out of the food chain. A Q Yeah. I don't know.
Now, you spoke -- and I know your report
talks about spills from transportation accidents. A Yes. I believe that was evaluated in our
risk assessment. Q Now, do you know about the methodology
that went into figuring out kind of the probabilities of that type of transportation accident?

423 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 A I'm generally aware of it. You know,
basically, it's based on how many miles of -- based on statistics, how many miles a truck will drive or a certain type of truck will drive and what the incidence of accidents might be, and then that's multiplied by other factors. But, you know, to be
honest with you, I'm not an expert in that area. Q Sure. Your document concluded that there
could be this type of accident once every 250,000 years. A Q Does that sound correct? What type of accident would that be? It would be a transportation accident
dealing with uranium. A Would it be ore or would it be
yellowcake? Q I believe it's ore. That's Section 4, And this is a
Page 48 of the environmental report.
section dealing with endangered Colorado river fish, because this was a concern. As these trucks
were driving near the waterways, if there was an accident, water would be contaminated and that would affect the endangered river fish. So the frequency of a rollover and crash of a truck carrying yellowcake is estimated to be once every 250,000 -- you know, they talk about a

424 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 rollover crash of an ore truck once every 12,000 years. A So although -And I'm sure that's also predicated on it
happening at a river where it would actually go into the river. Q A That is correct. Obviously, accidents could happen more
often than once every 10,000 years or whatever you said. Q And thank you for clarifying. So these
are the probabilities that one of these trucks would spill and contaminate the river. Now, you would agree that when we say once in 250,000 years, that once could be tomorrow -A Q Yes. Or not tomorrow since you haven't opened
the mill, but -A Q Right. It could be the first day that the mill
ships a truck out. A Q Yes, it could occur. And you talked about your emergency
response yesterday. A Uh-huh.

425 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 like that. A Q And it seemed that the emergency response
dealing with this sort of spill was just a number of phone calls and getting, you know, the people there but didn't really talk about what would be done, you know, when this yellowcake is in the water and the water is flowing, conceivably at a high water time of the year. Is that something that was considered? Yes, it was, and I remember being the one I don't know if it was in the
considering it.
emergency response plan or if it was in some other area of the application. I do know how we would handle a situation I mean, basically, you do your best to
prevent any more of the material going into the river and you have measures in place to recover what you can. And I think we said that we would
try to recover some from the river, assuming they were still in drums or something like that where you could recover them. Understand you are looking at something that, from a radioactive point of view, is very low-level radioactivity, so what you are really concerned about is the metals in the water. If the
river is flowing pretty fast, those metals would

426 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 probably be dispersed pretty quickly. This is not
like -- again, this is not like something like you might have an oil tanker go into a river, after which you might have some serious fish kill. would be unlikely that that would happen here. And to be honest with you, you know, say a transport truck has 43 barrels of yellowcake on it. Those barrels weigh about 900 pounds apiece, Right now they are going at It
to give you an idea.
$40 a pound, but typically it's more than that. Those are pretty expensive shipments. So it's not
something that -- we've definitely got the best-trained drivers in the world driving these, just like you would -- the same type of drivers you would use, for example, for any type of hazardous materials that's being transported. Q Sure. But we can agree that accidents
still happen. A Q Yes, they do. And if it did happen and that water was
contaminated, even at low levels of radiation, it could affect these river fish? A I think the effect would be negligible,
but, again, I'm not a biologist. Q Let's talk about some of the species that

427 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 done. A Q were mentioned throughout the environmental report. I want to talk about the Colorado hookless cactus. Are you familiar with this species? No, I'm not. It is listed as an endangered species,
and I can show you the report, but Section 4-49 talks about intensive survey of potential Colorado hookless cactus habitat present on the site was performed on August 24, 2009 but no hookless cactus was found. Does that sound correct or would you like to see that page just to refresh your memory? A No, but if they said it was done, it was I believe they hired a firm out of Grand
Junction, Colorado to catch any areas that they thought needed further research on. And so I know
there was a field survey done after the four Kleinfelder field surveys to verify things that they were concerned about, that Edge was concerned about. Q Sure. But it sounds like from this
Section 4, Page 49, that this intensive survey was performed August 24, 2009. expert on these cactus. As like you, I'm not an
But I did do a little
poking around, and I just want to show you a couple

428 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 exhibits. exhibits? MR. SANDLER: This is not one of my of documents here. MR. SANDLER: What I'm going to show
him is something prepared by the U.S. Fish and Wildlife Service, a Recovery Outline for the Colorado hookless cactus. MS. LUCAS: Is this one of your
This is something new that I've gotten.
I would like to ask Mr. Filas about it and introduce it into the record. MS. LUCAS: Do you have a website I
can go to to look at or anything like that or -MR. SANDLER: You know, these were
just provided to me this morning through an e-mail, so I don't have a website. one. I may be able to find
It may be on U.S. Fish and Wildlife Service's
endangered species, if you go to sclerocactus glaucus or Colorado hookless cactus. THE HEARING OFFICER: You just used
a whole string of words that the reporter didn't get and I didn't get. MR. SANDLER: need the scientific name. THE HEARING OFFICER: If you want it I don't know if we

429 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 the record. MS. LUCAS: I would just like, for in the record, you better spell it out. MR. SANDLER: I don't need that in
the record, to object that we have this new evidence coming in and then, at the same time, recognize that we have been fairly loose with the rules so far, so I'll sit back down now. THE HEARING OFFICER: will take the responsibility. Q document. A Q And it's dated April 2010. Yes. Now, going to Page 5 of this (By Mr. Sandler) And this is a government For which I
document, this second paragraph -- first full paragraph talks about Colorado hookless cactus individuals are extremely difficult to locate in the field. flowering. Surveys are most effective during Most surveys have been associated with
ground disturbing -So based on what Fish and Wildlife Services say, surveys should be conducted when these flowers -- or when the cactus is flowering. But in your -- and based on your environmental report, Section 3, Page 98, your biologists have

430 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 disclosed that these cactus do flower in April and May. So it seems, based on the information in the
environmental report, that the intensive survey for this cactus was done at the wrong time. A Well, again, it's a recommendation.
Biologists that we employ are very good at what they do. I can't speak to the Pinon Ridge or this
specific survey, because basically Dr. Reeve was the one that asked that it be done, and it was done for him, I believe, by WestWater Engineering out of Grand Junction, who is very familiar with the species in the area. But having worked on other sites, you know, sometimes you just cannot catch them at the perfect time, so then the biologists have to take a little bit more time in their surveys to properly identify different species. And a lot of times if
they have questions, they take a small sample and bring it back with them and research it more in the books. That's about all I know in my job capacity.
Again, I am not a biologist, but I'm confident that they could recognize a species if they get a detailed enough survey, even if it was not flowering. Q If I could just stop you there for a

431 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 cactus species. Q moment. The next document that I want to put in
the record -- and this is... MS. LUCAS: For the record, same
objection as the last document. THE HEARING OFFICER: Noted.
(By Mr. Sandler) So this talks about the
flowers in April and May, and if you can -- I guess it's kind of hard to see there, but I will read it. And it says: flowering. Plants are usually only visible when
After blooming, the cactus may shrink
below the ground or become a dull grayish-green color. MR. SANDLER: And this is a document
from the Colorado National Heritage Program, and this also I will provide to you and would like to admit into the record. THE HEARING OFFICER: different cactus? MR. SANDLER: No, it's the same Is this a
This was -- at one point, this
species was split into three different species: The Uinta Basin hookless cactus, the Colorado hookless cactus, and the Pariette cactus. This is
information about -- they are all so similar that they believe it all to be one cactus because they

432 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 all exhibit the same properties; it's just they live in different regions. So this is a document
from CNHP prior to when they split; and at that point, it was all called the Uinta Basin hookless cactus. Q (By Mr. Sandler) But based on this
information, you would agree that a survey in August would make it really difficult if these cactus actually could shrink into the ground? A Again, I'm not a biologist, so I can't I will point out,
really answer your question.
though, that, again, Kleinfelder did four vegetation surveys out there. And I suspect that
one of them was done during the April/May time frame. And if their biologists didn't note it
during the flowering period, then maybe that cactus indeed is not there on-site. Q And it may be or may not be there. And
I'm just basing this off of Section 4, Page 49, where you talk about the species and say an intensive survey was conducted on August 24, 2009. A Dr. Reeve. Q But is it fair to say that based on the Again, that's a question better asked of
information that I'm finding in the environmental

433 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 A report and information from these governmental agencies, fair to say that you may have missed the cactus if you looked in August? A You know, I'm not going to draw I'm not a biologist and neither are
conclusions. you.
I think these discussions are better left up
to the biologists. Q Sure. But just to be clear, biologists
did put together this section of the environmental report? A Q Correct. Now, moving on, I want to talk about
Gunnison prairie dogs very briefly, and your environmental report says that only Gunnison prairie dogs that inhabit the Montane habitats have been identified as candidate species for listing under the Endangered Species Act. Do you recall that? I remember Gunnison prairie dogs being
evaluated, but I don't remember the details. Q But in your environmental report, it was
based on information that the Fish and Wildlife Service had said that the population there was not going to be a candidate species. Now, if that information changed, would

434 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 that change how you viewed that species in the surrounding area? A Well, certainly. And that's why when we
put together our operational monitoring plan, that's something you revisit every license renewal to see what may have changed. Q Well, specifically what I'm talking about
is since this document was put together, a federal court ruled that Fish and Wildlife Service to just list the Montane portion of the population was found to be arbitrary and capricious. MR. SANDLER: And for the record,
that's WildEarth Guardians versus Salazar, 2010 Westlaw 3895682 out of Federal Court in Arizona. Q (By Mr. Sandler) Now, would that
information change the way your biologists view this species, knowing that now this could be a candidate species? A question. Q You know, I really can't answer that I don't know enough about it. And as we talked about earlier, it is
possible for these prairie dogs to enter the site by burrowing under the fence. A It's possible, but unlikely with the
mitigation measures we have in place.

435 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 A Q Q It's reasonable to think that the mill
being there right next to -- we don't know if it's occupied or not, but next to a potential habitat will impact the spread of that habitat. A Well, again, we are theorizing that maybe
the Gunnison prairie dogs could be there and maybe they could burrow under two to three feet of fine-wire mesh without being seen by people who are inspecting that site on every shift. I think
there's a lot of assumptions being made here, so I'm not so sure we could draw conclusions from that. Q Now, the environmental report -- I'm And your
moving on to Gunnison sage grouse now.
environmental report said that Gunnison sage grouse was a former candidate species. Do you recall that in there? I think it is a candidate species, but... That's correct. However, your
environmental report says that it was a former candidate species. A Again, the environmental report was
written in 2009, and there may have been some changes at that time and it may have changed back. I don't really know. I'm the wrong person to

436 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 answer that question. Q Sure. MR. SANDLER: And for the record,
our exhibits do include the Federal Register Notice where Fish and Wildlife does give candidate species status to the Gunnison sage grouse. Q (By Mr. Sandler) Now, your environmental
report says that one of the threats to Gunnison sage grouse, by far the greatest, is the permanent loss and associated fragmentation and degradation of the sagebrush habitat. Page 50. Now, would you -- you know through this report that this mill will fragment Gunnison sage grouse habitat? A No, it won't fragment the sagebrush It will take out a portion of it. And that's Section 4,
habitat on-site.
But, again, we have the habitat improvement plan where sagebrush is going to be the -- according to my understanding with the Division of Wildlife, that's what type of habitat they want to enhance in that area. Q Sure. And then at Section 3, Page 102,
which is describing the habitat and the site in regards to the Gunnison sage grouse, it says:

437 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 According to CDOW, the strip of pinyon-juniper vegetation associated with the higher elevations south of the site separates the occupied habitat in the Dry Creek Basin from potentially suitable habitat in the East Paradox Valley. So based on that, they are saying that your site will impact a corridor in between this occupied habitat and this potential habitat. A That's not my understanding. There's --
I think you know -- and, again, this is more of a layman's understanding that there has been some talk that that existing pinyon-juniper habitat makes it difficult for the sage grouse to migrate into East Paradox Valley. But we're having no It's
effect one way or another on the P-J habitat. above us and we are not planning any activities there. Q But your activities will affect the
movement of these birds just by this new development there. A No, because, first of all, there's no At least our biologist They are in the next
birds there to begin with. didn't observe any there. valley over.
And, secondly, you know, they can -We are not
there is sagebrush habitat around us.

438 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 fragmenting it into pieces. If they should migrate
over into East Paradox Valley, there is a lot of sagebrush there, and our facility I can't see as having a large impact. Q But it's true that in 2002, Gunnison sage
grouse were observed on your site. A Valley. Q Not on our site, but in East Paradox That's my recollection. I believe that the environmental report I'm just
did state that they were on your site. trying to find that so we can have some clarification of that. A
My recollection on that is that the
report was general and that they maybe saw a couple birds out there during 2002, but not necessarily on our site. Q So Section 3, Page 102 says: Wintering
Gunnison sage grouse were observed at the site as recently as 2002, and that was CDOW-cited information. A That wasn't my recollection. I suppose
it could be, but I would be surprised if it was -they made that sighting right on our site. Q Would you like me to show you in the
environmental report?

439 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 A Q Sure. Starting right after that highlighted
section there. A Okay. Well, that had to have been a
personal communication with Dr. Reeve and personnel at the Division of Wildlife, so it's possible that ten years earlier, there were sage grouse there. Q And there hasn't been a survey done every
year since then; is that correct? A No. But they were obviously not observed
in the four field surveys that were done in the 2008 and 2009 time frame. Q Sure. And those field surveys you are
referring to, if CDOW is saying that these were wintering grouse, there was one survey done in the winter, correct? A Again, I'm not the biologist, and that's
probably who you should be directing those type of questions to. Q But based on your environmental report
and the discussion about surveying, you went out there for a day in the spring, a day in the fall, a day in the winter, and a day in the summer and did, you know, a full day -A Yeah. But understand that biologists

440 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 don't just look for birds. I mean, they look for
traces of birds, feathers, feces, tracks, those type of things. saw none of that. And it's my recollection that they And let's face it, Division of
Wildlife says 2002 was the last time they observed it, which was -- right now, that would have been ten years ago. Q A shrinking. Sure. And we know that their population is So in all probability, there's no sage Otherwise,
grouse at our site or anywhere near it. they would have found evidence of it. Q
Do you know how many biologists went out
there to do the surveys? A three. Q A Q And how large is your site? 880 acres. So you're saying because two or three No. There were usually teams of two or
biologists didn't find sage grouse feces on 800 acres, that that says that they're not using that throughout the winter? A I would say, in my opinion, that those
birds are probably not there, but, again, I'm not a biologist. You need to get a biologist's opinion.

441 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Q Sure. Now, your ER did not analyze
aquatic species or habitats on this site; is that correct? A Q That's correct. But it's true that there is wetland
features on this site. A wetlands. No, I don't believe there were any There may have been a stock pond. That
would be about it.
That's my recollection, but I
can't -- that was long ago and I don't remember all the details. Q Now, this was provided to us in the
discovery request, and this was a picture taken on the site. It has Energy Fuels' Bates number on the
bottom, and this is that pond, retention pond, you were referring to? A Are you sure it's the one on the site or Do
is it one of them that's down drainage from us? we know? Q A I believe this is the one on the site.
Well, that's more water than I have ever I really don't remember that pond real The one I saw was
seen in it.
well, if it's the same one. always dry. MS. LUCAS:
Your Honor, may I ask

442 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 come from? MR. SANDLER: It came from the I how Mr. Sandler knows this is a picture of the site. MR. SANDLER: Based on other
pictures I have seen, it appears to have the similar location based on the topography, but this was not a labeled picture. THE HEARING OFFICER: Where did it
discovery response provided by Energy Fuels. didn't believe that they would give us just an unrelevant picture of a pond. MR. FILAS:
Well, mainly when we
were looking at stock ponds, it was downstream stock ponds that we were looking at as part of our investigation of drainage off of the site, not necessarily on it. That's why I was concerned
whether it was the one on-site or one of the two or three that are downstream from us. So it could be I just
the one on-site, but I can't be for sure. don't have that recollection. Q
(By Mr. Sandler) But even if it was a
downstream site, it would still be fair to say that this is in the vicinity of this site? A Yeah, within a mile or two. And, again,

443 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 A Q dated. A these are stock ponds that contain water in them occasionally. So you would not expect aquatic
species to be living in them on a daily basis. Q Then right after this picture, we
received another picture here, which appear to be some happy frogs. A Uh-huh. MS. LUCAS: from the production? MR. SANDLER: Yes. This is 0066704. Pardon me. Is this also
And what date was this taken? (By Mr. Sandler) You know, these were not You may know better than me, based on -You know, at this point in time, you
haven't convinced me that that's our pond on our site. So I'm not going to make any conjecture I mean, it could be. But without dates
about it.
and without knowing the context of where these photographs were taken, where you discovered them -- again, the only work that I remember being done in the last few years on stock ponds were the ones that were downstream from us. Q Sure. Which we established is in the
vicinity, and my point here is you said there were not aquatic species in these ponds; yet we received

444 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 a picture of these frogs from Energy Fuels. So it
seems to me that this would tend to say that there are, in fact, some aquatic species that live within this vicinity, whether this is on the site or directly around the site. A And, again, without knowing where they
came from, I'm not going to reach that conclusion. I mean, my guess is this is an offsite pond and maybe those frogs were there, but we need to have a little bit more information of when this was taken and the location where it was taken. MS. LUCAS: And for the record,
there's no intent by the producing party to indicate that those ponds were on the site or that those frogs were in the pond -- I mean, there was no indication, no intent -THE HEARING OFFICER: MR. SANDLER: Noted.
And my response to
that is this was provided to us by Energy Fuels, so why they would provide us with pictures of ponds and frogs that have no -MR. FILAS: Can I answer that? You
asked for everything we had.
We gave it to you.
Again, we gave you a lot of documents and even -as long as they had some reference back to Pinon

445 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Ridge, it could be -- this pond could be down at the Dolores River. for example. We sampled the Dolores River,
But without knowing more, I really
can't draw a conclusion from it. Q enough. (By Mr. Sandler) Sure. That's fair
We received these so I wanted to ask you
about them. A Q Certainly. You know, I think it seems reasonable And
that these would have a relation to the site.
from the topography in the picture of that pond, it doesn't look like it's in the Dolores River. looks like it was elevated and more out of the valley. A Q Would you agree? I would agree with that. So most likely, it would show that, at It
least within that vicinity, there is significant-looking -- whether it's a retention pond or not. A Q Uh-huh. Now, I guess just to tie this back to
your analysis of species, you did not look into any species that would be attracted to an aquatic environment; is that correct? A You know, I know I asked them to look at

446 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 or... A I don't recall to what extent the migratory birds, and I know that they looked at all the birds that were on-site. If that's what you
are talking about, I think that was looked at. Q But birds on-site based on -- to go back
to the habitat ecotones that were portrayed for this site and, as we said, none of those dealt with these pond features. A Q I don't recall. You don't recall the habitat ecotones
biologists looked at species that might be attracted to water. Q And, you know, turning to Section 4, Page
47, this page discloses that one nonjurisdictional wetland feature of a retention pond is located within the site. A Q Uh-huh. So based on that, you would agree that
the environmental report should have an analysis of bird species that would be attracted to that water body? A expertise. You know, that's, again, not my area of It's my understanding that Dr. Archie
Reeve will be here on Tuesday, so maybe those level

447 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 of detailed questions should be reserved for him. Q Sure. But based on your specialty in
environmental permitting and going through this process, is it fair to say that an analysis of bird species that would be attracted to these ponds should be in there? A I would say to a certain extent, but
remember, these ponds only exist temporarily, for a short period of time after a thunderstorm or after snowmelt. So these features are not on-site most They are on-site occasionally. And I
of the time.
would imagine there are some species that would exist near these on this temporal basis. But
beyond that, I can't say much more than that. Q Sure. Now, to go on to the next species,
the piping plover, another endangered species. This bird was discussed in your environmental survey, the wildlife survey, on Page 19. The
conclusion there was that this bird would not be found on this site because they could be found on lake shores, river sandbars, gravel shores, shallow saline lakes, and on sandy shores of larger lakes. Tends to use only unvegetated or sparsely vegetated areas for nesting. survey. That's in your environmental

448 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Now, at the point that you concluded that the piping plover hadn't used this area, correct, you did not do any further analysis of this species? A Well, they wouldn't do any further
analysis, but obviously, again, field surveys were done on the site and that also did not identify this species there. But when they say the habitat
is not suitable, I mean, this is a biologist looking at it within the entire context. For
example, he is not just looking at, say, one isolated stock pond; he may be looking at the valley as a whole and saying this is not where I would expect to find this species. Q A Sure. But, again, I think that question is best
reserved for Dr. Reeve. Q And that conclusion could have been based
on the fact that there is not sand within this area. A Q Possibly. And you are aware that your tailing ponds
are going to create what's described as beach sands? A Yes.

449 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Q And that these beach sands would lack
vegetation or vegetative structures? A Q That's correct. So essentially these beach sands are
going to create a habitat that, based on your description, would really mimmick what a piping plover would be looking for. A Q Possible. Now, even though this is the case, this
analysis wasn't conducted to determine if, by creating these beach sands, these unvegetated sandy-looking areas, the piping plover is going to be attracted there? A there. You know, I think you are probably right I don't know that that analysis went that
far, but there may be very good reasons for it not going that far. I just can't say. For example, as
I said, if the entire East Paradox Valley is unsuitable habitat, why would you expect that bird to migrate into that area for a limited amount of beach sand? layman. Those are just my concerns as a
I know how biologists evaluate areas.
They don't just evaluate it based on one feature. They evaluate it based on a number of features. Q I want to talk a little more about these

450 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 A beach sands. There were some concerns that these
beach sands could be dangerous to birds. Do you recall that? You know, there was some concern
expressed, and we looked at possibly mitigation measures to keep birds off of there. We didn't
think that there was a high risk involved, and we couldn't come up with a reasonable mitigation measure for it. So since it was a very low risk
and we felt that it likely wouldn't impact them, we were willing to leave it at that. Q Now, I'm pulling up an e-mail here, if But essentially this
you are able to read this.
e-mail is from Archie Reeve, the doctorate in biology, and he's talking about these beach sands and saying, you know, his feeling was that water could pool up in the beach sands, birds could be attracted to this water and develop encrusted feathers which could lead to death, birds could ingest the salt as they preen feathers which would be toxic. He felt it could take a bit of research
to determine what that could mean for birds in terms of subcellular effects, tissue/organ effects, tumorigenesis, mutations and mortality. MS. LUCAS: For the record, can you

451 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 A Q please give us the Bates stamp on that? MR. SANDLER: Yeah, this is 38543.
(By Mr. Sandler) And this was an e-mail
to Frank Filas from Caroline Blass where she quotes these two paragraphs from Archie Reeve in here where he's talking about, in his biological expertise, his fears about these sands. Now, you responded to this e-mail up here and you say: Sorry Caroline. Archie is
fundamentally incapable of doing any work in support of natural resource development. Do you recall that? Yeah, I was pretty angry at Archie.
Archie and I have gone back and forth on situations like that. And what I require as an environmental
manager is not just to tell me what your concerns are, but tell me -- quantify what those concerns are. And then if they are a serious concern, let's
mitigate those impacts; come up with a reasonable way of dealing with it. So when we just throw out concerns willy-nilly, when I'm saying, Hey, we are trying to develop a resource here, help me with the answers, and when all I get is, Well, this could happen or this might happen and the bottom line is beach

452 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 sands have not been a huge issue at other mining sites, so my concern was, you know, what road are we going down here. more than it is. And my feeling has always been that if there are issues, then you can come up with a mitigation plan at that point in time. But at this Are we making this into a lot
point in time, he was just speculating and saying, you know, these would be my concerns without knowing more. Q Sure. And as you've stated throughout
our discussion, Archie is the expert in these biological issues. A He is an expert in wildlife biology.
Unfortunately, he knows very little about how a mill operates. Q A Sure. And so we often have disagreements. He
says, for example, at one time, why don't you put plastic over those beach sands. Well, we are
depositing 500 tons a day of tailings on the beach sands, so plastic wouldn't work. Now, understand that Archie and I have gone back and forth, and I do have a temper and I will say some things that I regret later and that

453 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 was one of them, and I figured you would probably find that one, by the way. But Archie is still
working for us and he is a very good wildlife biologist. Q Well, when you say "working for us," he
works for Edge Environmental. A Q Right. And you had them do these reports because
they are kind of a third party; is that correct? A Not in this case. In this case, they
worked for us.
They are actually -- ironically,
they are the EIS contractor on the Sheep Mountain Project, but we were not running that project and we didn't hire them. It was Titan that hired them, So Edge has done a lot
and then we acquired Titan. of work in this area.
And, again, Archie has been
invited to be here on Tuesday, so, you know, these are -- it's not -- you know, we're miners and we say what we think from time to time, and sometimes we overdo it. Again, I'm embarrassed you showed
that, but that's what I said. Q Sure. But you would agree that the
reason you have these consultants do these is, one, because they have expertise and, two, there can be a level of objectivity.

454 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 A Certainly a level of objectivity. And,
again, Archie has proposed a lot of mitigation over the years, and a lot of it we have adopted and those that are impractical we haven't. And that is
my one issue with Archie is he really doesn't know how a mine and mill operate, and you cannot design for mitigation -- even though you may know your stuff about wildlife, it is hard to design unless you really understand how that mill operates. Q Sure. But what Archie does know is
wildlife and potential impacts to wildlife from such things as beach sand. A Q Correct. And he specifically said that you need to
do a bit more research to determine what it could mean for these birds, correct? A Well, he certainly could have done it,
but I don't know that he did. Q Well, I mean, based on your e-mail, you
say you have been very patient with Archie and now it's time to keep him out of the mix. A This -- again, we were asking him to help
us, support us technically, and he was basically not coming up with the mitigation measures. He
was, you know, saying these are issues, but, again,

455 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 well, what's the answer? Q Yeah. But, I mean, it sounds like from
the tones of these e-mails, he was telling you something you didn't want to hear; is that correct? A Well, to a certain extent, that is true.
To another extent, I know that if you had a problem with bird mortalities on beach sands, that most likely, you would do what's been done on other places where they have had problems with mortalities, not on beach sands but on the tails themselves, the solution themselves. And probably the most effective, if you can't use bird balls, which is what we're proposing -- for some reason you can't use them -is that you would put up a clear-water pond nearby and you would employ hazing devices. But based on
the fact that we couldn't quantify what these issues were -- I mean, is this a real issue? A
bird landing and drinking a little bit of water in perhaps a ponded area? not? Is that really a problem or
Would you do all those contingency measures
up front or would you just hold them in your back pocket and see if it is a real issue. Q So if I hear you correctly, you say it's
not really an issue that birds would be attracted

456 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 to these tailing ponds which have water in them -A Q Impoundments. Impoundments have water in them and would
land next to that water because there's bird balls on the water -A Q water. Correct. -- to keep them from landing on the So you're saying it's not conceivable,
though, that then they would land on the sand that's right next to that -A there. No, it's conceivable they would land on Whether their activity in that area was
extensive enough for them to be there long enough to -- or, again, there's no vegetation or anything to attract them there, other than you might find some puddles of water here and there that would attract them, and would they be there long enough to be impacted? I mean, we don't really know. It
would be very difficult to quantify. Q A Sure. And if we had seen it at other sites
where the beach sands were a problem and it was in the literature, we certainly would have looked at it in more detail. Q Sure. But fair to say, though, your

457 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 doctorate in wildlife biology raised this issue to you. A Q Correct. To him, this seemed like something worth And
at least doing some more research in, correct? your response was: A Get him out of the mix.
He did not answer my question, you know, Is this really a
basically my question being: problem?
And he basically, at that point in time, It may or it may not be.
said, Well, it could be.
And I basically wanted an answer at that time. Q Sure. But it sounds like the answer you
wanted was: A Q A Q A
No, not a problem.
Well, not necessarily. You would have been happier with a "no." I would have been happier with a "no." Fair enough. And the reason being again is I had never
heard of it being an issue at another mill site. Q So if I could -- let's see. I want to point out the date of this -your e-mail back with your displeasure about Archie was sent Monday, October 11th at 6:18 p.m. And
then it looks like the next morning at a little after 8:30 a.m. on October 12th, you get an e-mail

458 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 back from Caroline saying: Archie and I wanted to
try to help by providing some biological deterrents. Here are some reasons why, in no
particular order, it would be unlikely for birds to be on the beach sands. A Q Uh-huh. And they give you: Presence of bird
balls, lack of vegetation, human presence, cleanliness of site. I mean, it sounds like your biologist expert took a complete 180 and then gave you what you wanted. A Not necessarily. Basically what I asked
for was both sides and I got one side and there I got the second side coming back to me, and that was probably Caroline doing the interpretation for Archie on that that we wanted to see both sides. Q Sure. But at the end of the day, the
effects of birds landing on the beach sands was not analyzed in your ER. A Q A That's correct. Thank you. But, again, this was long after the ER.
This was being done at a later point in time. Q That analysis was never done.

459 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 rough timeline. DR. GROSSMAN: I just was noting, going -THE HEARING OFFICER: ask this question. Well, let me presumably -MR. STILLS: come later so... THE HEARING OFFICER: tomorrow or some other time. MR. STILLS: Some other time. We're Your cross is My cross is going to minutes max. THE HEARING OFFICER: Yeah, A That's correct. MR. SANDLER: MR. FILAS: Thank you. Sure. Your Honor, could I
MR. SPAANSTRA: do a really quick redirect?
THE HEARING OFFICER: through completely? MR. SANDLER: MR. SPAANSTRA:
Are you
That's it. I'm talking ten
Dr. Grossman, do you have
questions for this witness? DR. GROSSMAN: Yes, I do. Give me a

460 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 minutes. THE HEARING OFFICER: do your redirect or do you -MR. SPAANSTRA: Let me just do the Do you want to throughout the testimony he's given so far, some questions. Roughly just -- I have been counseled
to give a higher estimate rather than -THE HEARING OFFICER: a safer thing to do. DR. GROSSMAN: I will say 40 That's always
five or so just to cover that, and then we will deal with -THE HEARING OFFICER: going to sort this out, so go ahead. REDIRECT EXAMINATION OF FRANK FILAS BY MR. SPAANSTRA: Q First of all, the license for the Pinon Okay. We are
Ridge Mill that currently stands -- the license application -- is for a 500-ton mill. A Q 500 tons per day. And the mill is totally -- proposed to be
totally located on private land. A Q Yes. And the action that we are here to
discuss these several days is a state licensing

461 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 action. A Q That's correct. Therefore, in your response to Matt's --
Mr. Sandler's hypothetical question about, Well, if this mill was a federal action, it might be -- I think your response was it likely would -- there would be a finding of significant impact. weren't -A I wouldn't say it would be a finding of You
significant impact, but the likelihood that you would do an EIS is strong there because the NRC does not have a generic EIS for conventional mills at this time, so they would most likely require an EIS. Q But you weren't addressing the federal
action trigger -A Q No, because there is no federal action. Thank you. Just back to chaining and To
sagebrush control on the neighbor's property.
be clear, the neighbor has -- we interviewed the neighbor. A The neighbor -Well, that was the neighbor that sold us
the property. Q A And the neighbor didn't do that? No.

462 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Q And so isn't it fair to say that it would
be speculation as to whether it was done before? A Yeah, that was just his best estimate.
Put it that way. Q In regard to the now famous Archie Reeve,
before lunch there was a July-ish e-mail that you discussed. That was a good several months before
the ER was finalized, correct? A Q A Q A Which -July -Oh, on the chaining? Yes. Yeah, the chaining -- it was done in July
and the ER was finished in November. Q And so the ER was still in the interview It wasn't the final
process at that point. document. A Q Correct.
And the rather dramatic questions about
Archie being out of the mix, it's true he's not out of the mix because he is going to be here. A Correct. And, again, Archie and I have
had our spats over the years, but we always patch it up afterwards. MR. SPAANSTRA: Nothing further.

463 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 THE HEARING OFFICER: Let's take ten
minutes, and where we go from here, I don't know. We will sort it out. (Recess taken, 2:12 to 2:30 p.m.) DR. CRAIG LITTLE, being first duly sworn in the above cause, was examined and testified as follows: DIRECT EXAMINATION BY MR. SPAANSTRA: Q Dr. Little, welcome to Nucla. Thanks for
coming down from Grand Junction on such short notice. A Q Nice drive. I guess it's better than coming down
tomorrow or Saturday, from what I understand. MR. SPAANSTRA: For those following
at home and in the room, we disclosed Dr. Little in our Energy Fuels' September 20 disclosure. His CV
is there, just for the record, if you want to follow along. Q (By Mr. Spaanstra) Dr. Little, I'm going
to ask you a few questions about your background so I can proffer you as an expert here. Don't be shy.
We found out yesterday that there's a little bit of a tough crowd on this, so you can be expansive.

464 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 A Please describe briefly your academic background. A I have a bachelor's degree in biology I have
from McPherson College, McPherson, Kansas.
a master's degree in health physics from Colorado State University and a Ph.D. in radioecology from Colorado State University. Q When I looked at your CV yesterday and I
saw radioecology, I said, I wonder what that is? have been working in the DOE complex for nearly 20 years and done stuff with NORM and TENORM and that sort of thing, and I have never seen that before. What does that mean? What is a radio --
Radioecology is the study of the effects
of radioactive materials on the environment, the use of radioactive materials to study the environment, and the transport of radioactive materials through the environment. So it involves
a lot of environmental transport modeling and things like that, or in research it involves things like going out and taking samples of various compartments of the ecosystem. Q Speaking of research, have you done any
publishing in the academic world in radioecology? A Yes.

465 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Q A A few examples or... My graduate work was at Rocky Flats, the
former weapons facility outside of Denver. Q A I did graduate work there myself. My dissertation title was "Plutonium in a The concept was that we were
Grassland Ecosystem."
going to go out and take samples of all the compartments of the ecosystem to find out where the plutonium resided, where was it. So we published
that and several other articles along those same lines. Q A Five, ten roughly? Refereed journals, probably eight or ten,
I'm guessing. Q Thank you. So what do you do at Two
Lines, Inc.? A I'm the owner of Two Lines, Inc. It's
just a one-man shop basically, but I work on a variety of different kinds of projects. We put
together teams of people to bid on projects or I sometimes help other independent contractors with their projects and they help me with mine. Q Great. Yesterday we had some discussion Briefly, what is MILDOS
about MILDOS modeling. modeling?

466 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 A MILDOS is a model that was commissioned
by the Nuclear Regulatory Commission to calculate the doses to members of the public who live in the proximity of a uranium mill. It is specific to It's an
uranium and the uranium decay products.
atmospheric transport model with dose conversion factors built into it so that the output of it -the input is the estimates or the actual measurements of releases from the facility, and the output is doses to receptors at some point around the facility. Q We are going to talk in a few minutes
about what you have done for Energy Fuels at Pinon Ridge, but in regard to other uranium mills, have you done MILDOS modeling for such other mills? A Yeah, I have done MILDOS modeling for
eight or -- I tried to reconstruct it last night -eight or ten different facilities in at least three states: Q Texas, Wyoming, and Colorado. In your storied career -- I'm sorry. I was looking at Travis and he I
testified there.
didn't want to acknowledge. In your career, have you ever consulted with the government? A I was an employee of Union Carbide and

467 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 successor agencies who were the operator/contractor of Oak Ridge National Laboratory. for almost 25 years with them. employee of the government. I was employed
I was never an
But my whole career
has been -- up to the time I left Oak Ridge was working as a contractor to the government. Q Which in that DOE complex, that's the way
work gets done. A Mostly in the DOE complex, but also we
did work for the Department of Defense and EPA as well. Since I left Oak Ridge, I have done work for
several national laboratories and at least one state under contract. Q What did you do with the Federal Health I was intrigued by that.
Office of Germany? A
I was on a short-term assignment when I
was a member of the staff of Oak Ridge National Laboratory. Just happenstance, I ended up getting The
to do this three-month assignment over there. German government had money to spend on outside scientists to come and consult with them.
I was
able to continue my employment with Oak Ridge but be in Munich to do it. And what we did was we
wrote several reports on releases from power plants and other things of that nature in the Federal

468 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 filed? what. THE HEARING OFFICER: Maybe that's... MR. SPAANSTRA: disclosure, September 20. THE HEARING OFFICER: MR. SPAANSTRA: Okay. It was in our expert When was it say his CV was? MR. SPAANSTRA: It's -- I tell you Republic. Q Given what you've just described, I think
as a layman, I would characterize you as very well-trained and you have been working for nearly three decades in the area of environmental -you're an environmental health physicist with particular expertise in the behavior of radioactivity in the environment. fair? A That's fair. MR. SPAANSTRA: With that, Your Would that be
Honor, I would offer Dr. Little as an expert in health physics and in the behavior of radioactivity in the environment. THE HEARING OFFICER: Where did you
Is that good enough? That's fine.

469 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 that's true. Objection? DR. GROSSMAN: have a question. Can you tell us what kind of meteorological training you have had within the context of your overall training, formal and informal? DR. LITTLE: trained in meteorology. Very little. I'm not No objection, but I
I have used some models on
MILDOS that have gas include transport as a backbone to it, but that's about it. DR. GROSSMAN: So basically you've
just used the model as a sort of black box, and then your expertise came into the interpretation of the model; is that correct? DR. LITTLE: To a certain extent,
I do understand how the model works.
I have seen -- I have read all the documentation on it and how the calculations are made, but true enough, you put the data in and the numbers come out the other end. THE HEARING OFFICER: DR. GROSSMAN: It just was clarification. THE HEARING OFFICER: Objection Objection?
I have no objection.

470 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Q anybody? Okay. MR. SPAANSTRA: Thank you.
(By Mr. Spaanstra) Dr. Little, let's then
turn to the work you have done on the Pinon Ridge license application. My understanding is that you
have been involved in two different documents? A Q Yes. For the record -- well, the first one,
you prepared the estimate of radiation doses for members of the public. A Correct. MR. SPAANSTRA: For the folks in the
room and Judge Dana, the original license application is in Volume 11 -- I mean this document is in Volume 11 of the original license application. and 2. It was later revised in RFI3, Parts 1
In the record, it's -- original document on
Disc No. 1, within Folder Disc 12, and the revision is in Folder Disc 25, Exhibit 4. Q (By Mr. Spaanstra) The second document
that you helped prepare, I believe, was a portion of the regional dust analysis, and I believe -A Q A Yes. And I believe it was Section 4. Sounds right.

471 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Q And that section was about part of the
regional dust analysis. A Yeah. It was trying to estimate what the
dust deposition on ground surface would be from a worst-case scenario with the dry tailings ponds. MR. SPAANSTRA: Again, for those
following at home, that section can be found in response to RFI3, Attachment 3, Parts 1 and 2, and can be found on Disc 1 in the folder called Disc 25, Exhibit 5. Q (By Mr. Spaanstra) So with that, can you
describe the first document, the estimate of radiation doses to members of the public and what it addressed. A That document describes just what the We used the MILDOS model to estimate
title says.
the potential dose to a member of the public from the operating mill. The standard of care for a
mill is 100 millirem per year at the fence for any member of the public. And as a conservatism for
most of these types of analyses -- all of these types of analyses -- you calculate the dose to the fencepost, making the assumption that someone is there 24/7/365, and that's the dose they get. If
they're further away, they are going to get a lower

472 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 dose than that. So if you can show that you meet
the 100-millirem dose limit at the fence line, you can certainly show that you meet it further than that, and so no member of the public would exceed that limit. Q And in this document, the estimate of
doses, what conclusions did you reach? A The doses are below 10 millirem for the
fence line. Q Describe again -- you started to -- the
portion of the regional dust analysis that you were involved in in the same way you just did. A What I did with that was -- the way
MILDOS works is you specify the location of the mill and you specify -- you usually set up a zero, zero, zero point, and that's the -- that is considered the -- generally speaking, you use the base of the yellowcake stack as that point. then every other receptor -- all the receptor points, the fence lines, et cetera -- are X, Y, Z from that, so it's a matrix from there. So it's so And
many miles or so many kilometers east and so many kilometers south, that sort of thing. Q A Okay. So you specify those receptor points, and

473 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 A radium. enough? THE REPORTER: DR. LITTLE: No. Curie is Ci. then you run the model and you get the doses at these various receptor points. Along with the
dose, you also get concentrations in the air and on the ground surface from the uranium decay chain radionuclides. So I specified a number of
communities like Bedrock, Nucla, Naturita, Moab, Telluride as receptor points; and from that, we got a ground concentration, which then I was able to compare to the existing concentration of radionuclides that you would find in the soil just from natural background alone, and the numbers are tiny. Q A Amplify on tiny. Well, Bedrock, I think we got 55 And I
picocuries per square meter of radium 226. will use radium 226 because it's easy to understand.
The definition of activity in radium
is 1 gram of radium equals 1 curie of activity. MR. SPAANSTRA: Is he going slowly
So 1 gram of radium 226 equals 1 curie of What we found at Bedrock was 55 That's one trillionth of a curie per
picocuries.

474 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Q that. square meter of land. That's 1 picogram of radium Background is about
per square meter of land.
180,000 picograms, if you will, or picocuries, so it's 55 on top of 180,000. That's the added dust
load that would come from -- based on the MILDOS model. Q A Do you remember Telluride? Telluride was a factor of 1600 lower than It was like .381 or .341 picocuries per
gram -- picocuries per square meter in the top six inches. Q You weren't able to be here yesterday,
but have you been able to review Dr. Grossman's opening statement? A Q I read his written statement, yes. And you also received from me an oral
summary of what he had to say. A Q Yes. I would like to ask you a few questions
about that. A Okay. MR. SPAANSTRA: If I
mischaracterize, you yell at me, okay? DR. GROSSMAN: I will.
(By Mr. Spaanstra) Dr. Grossman said,

475 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 essentially, that the MILDOS was a straight-line Gaussian model that is out of date, essentially, in both of these documents. Why did you use the MILDOS-AREA model for Pinon Ridge? A I used MILDOS-AREA because it is the Every agreement state that has a
accepted model.
uranium mill in it, including Colorado and Texas, and the NRC, which regulates the nonagreement states which would be places like Wyoming, that model is the accepted model. It was commissioned
by the NRC and was developed by Argonne National Laboratory in Chicago to the Department of Energy laboratory. It's been through several revisions,
and the most recent revision was about a year ago, I think, 2011 December. Q Did you have any interaction with the Did they indicate an interest
State of Colorado? in using this? A
Well, Phil Egidi worked for the State,
and he certainly knew that that was the model I was going to use. I sat down with him several times --
well, at least one time, I know, and we talked about the input parameters and what the output looked like, et cetera.

476 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Q Dr. Grossman is a really smart guy and
this may have gone over my head, but I think what I heard was he indicated that you use average monthly data for the model? A No. The meteorological input parameters
for MILDOS are you take hourly meteorology measurements for an entire year or you can use ten years, if you have ten years' worth of data. results in a matrix of direction, 16 different compass directions, and wind speeds. So for every It
compass direction and every wind speed bin, if you will -- so many miles an hour to different miles an hour -- you have a fraction of the time that the wind blows in that matrix: the northwest, okay? And on top of that, there are stability categories, which are from very stable to very unstable. And those categories are also in there, Five miles an hour from
so you essentially have a 3-D matrix of the data that goes into -- as the input parameters. So you
take those data, which are hopefully site-specific, and you read them into the model and it accounts for all the directions -- it accounts for the entire year, if you will. THE HEARING OFFICER: I'm sorry. At

477 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Q what interval? DR. LITTLE: Hourly.
(By Mr. Spaanstra) So Dr. Grossman sort
of evolved from the last question I asked you to essentially state that essentially what we had was a statistical analysis of one, based on the fact we had only one year of data. I guess what you just You did it
testified to is, no, that's not true. hourly. A
I don't know exactly how many hours, but
if there were no malfunctions in the recording equipment, you would have 8,760 measurements over the course of a year. That would tell you how many
hours it blew from the northwest, how many hours it blew from the east, what was the wind speed when it blew from the east, and what's that measurement look like. it. We don't do any statistical tests with
It's simply a sample of one year, every hour.
And I have been at facilities where we used five years of data. Q They had five years available.
So, I mean, the point -- it's been, I He's got
think, 40 years since I took statistics. me beat from the discussion yesterday.
But I think the point that Dr. Grossman was making was we didn't really have a large enough

478 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 so -A Q Neither have I. -- let's plow along here. I think of to go first. sample size to make statistically valuable conclusions. I think from your testimony just now,
we had a sample size of over 8,000 from -A 8,000 hours. The NRC more or less
requires a year's worth of data. Q Okay. MR. SPAANSTRA: That's all I have. Who wants
to -- do you want to let Dr. Grossman proceed with the cross? MR. STILLS: Please. Go ahead, if you'd like
CROSS-EXAMINATION OF DR. CRAIG LITTLE BY DR. GROSSMAN: Q I have never done this before, Craig,
this as a seminar. Since I've declared myself as an expert in meteorological physics and boundary layer physics, I'm going to say right off that I'm an informed layman when it comes to the details of the MILDOS. I have looked at it, and so I'm going to
ask you a few questions about your idea of MILDOS

479 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 versus what I'm thinking about and of the point that Mr. Spaanstra just brought up about the applicability of the analysis in a climate setting. That's basically what he was trying to get to. So what distance do you think, from your experience -- you described MILDOS as being for basically atomic power plants, looking at the environmental impacts of those, and so to what distance around, say, a mill or an atomic power plant do you think that MILDOS has been tested and could apply? A Well, first of all, you wouldn't use it
around a power plant, a nuclear power plant, because it is specific to uranium, the uranium decay chain radionuclides: Uranium 234, 238, That's what it's
thorium 230, radium 226, radon. specific for.
So it wouldn't do any good around a
power plant because that's different radionuclides. In my experience, around a lot of these facilities, we place receptors out to 10 or 15 miles. We can actually place them to 30 miles. We
can place them essentially to any distance we want. How good is it? I have not done measurements at
long distances to see how it is relative to an actual measurement, at long distance. But I know

480 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 operating facilities where they have -- they have air-sampling devices on the fences, on the fencepost, and we have actually compared the results of MILDOS modeling to annual measurements taken at some facilities. And in some cases, we
get very good agreement within 10 or -Q A How far away are those? Those are within 3 kilometers, maybe,
something like that. Q Are you aware of any literature that
gives you a maximum distance that MILDOS can be applied to? A Q No. But it sounds like you were asked, and
reasonably so, from this group because of the concern that Telluride and Ophir and San Miguel County have of deposition on their lands. You were
asked to perhaps extend the MILDOS out to about 30 miles -A That's probably -- and Telluride is
further than that. Q A Q -- as the crow flies. It is more like 70 kilometers, I think. So when you look at the -- I also -- I
would like to know, do you know what the time

481 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 hour? A Yeah. But it doesn't give hourly output. THE HEARING OFFICER: just lost me completely. Folks, you You day? A is? A Q Well, it integrates over an entire year. At what time step? Does it accumulate -No. I think it's basically an integral Every hour? Every step -- you use hourly data. A Q Uh-huh. Do you know what the time step for MILDOS
over the 8,760 hours or a whole year. Q So the time step, you are saying, is an
What's a time step?
two have a dialogue about it but just be aware. DR. GROSSMAN: Basically, as you are
updating the model, you start the model at an initial time, you pick a time out there. are going to run it for a year. Now you
But each time you
update the model and make a new calculation from that original time to get to the last time. Inside
of there, you are continually updating the model, and that update interval is the time step. DR. LITTLE: doesn't run in time steps. But it essentially It essentially just

482 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 A period. Q integrates over the course of a year. It
calculates a Chi/Q for -- a Chi/Q for the layman is the fraction of material at some point downwind to the amount of material released here. Q (By Dr. Grossman) And it gives you the
hourly, not the monthly -A It doesn't give you -THE REPORTER: One at a time.
It gives you an hourly average Chi/Q, That's all it does. (By Dr. Grossman) But in the output, do
you get one number or 24? A You get one number for each distance.
For each receptor, you get one number. Q A Q A The annual average? You get the annual dose. The annual average dose. Well, there is no average to it. It's
the annual dose, because you give it an hour of input -- a year of input, you get a year of output. Q And you don't get any sense of
variability? A model. Q Does MILDOS take into account -- you have No. It's a completely deterministic

483 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 used. so. Q I would like to know what computer you In the earlier time step, the length of run, But what computer did mentioned stability. Let's first go to stability, I will
and then I want to go to complex terrain. give you some updates.
And then I want to go to
your displacement height that you used, and we will carry on from there. And Bowen ratio. I think the
Bowen ratio fits into this somewhere. A I don't know what that is, but if you say
you said, was a whole year. you use to run this -A laptop. Q
I still run it on Windows XP.
It's on a
So you don't go into the cloud and find
some amazing, huge computer out there that will do this for you? A someday. Q terrain? A Q No. So it's a straight line. The wind blows Does MILDOS take into account complex No. It will probably run on a SmartPhone
at a straight line for that hour -A In 16 directions.

484 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 you doing okay? DR. GROSSMAN: Am I doing okay? I'm Q -- in whatever direction. Stability. Okay.
You mentioned -- and I have
seen somewhere in these multitude of reports that I'm trying to stick in my head and make sense out of. Stability, it looked to me there was a graph
of stability classes that were -- and that was associated with MILDOS. A Q Yes, stability classes, A through F. And these stability classes probably go
from very stable through natural to highly convective. A Yes. THE HEARING OFFICER: Hold on. Are
trying to stay slow and articulate. THE REPORTER: Yes. Just try to I know you've
keep from talking over each other.
not been trained by a court reporter before, but please refrain from that. DR. LITTLE: Do you have a stick? She does. She
THE HEARING OFFICER: has a big stick. Q
(By Dr. Grossman) The stability classes
that you were able to determine, from what data did

485 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 you determine the stability classes? A on-site. Q And how did they give you this? What is From a meteorology station that was
the stability, because there's all sorts of different kinds of stabilities that are available to us. A I'm not certain. I think they are tied
to temperature differential, but I'm not certain about that. Q A Humidity is not involved? I'm not an atmospheric scientist, so I
don't know. Q I just want to get on the record that if
it's just temperature, there also needs to be -although it's a lower influence here. Humidity is
also a factor in stability computation and its relationship to turbulence that's generated by wind is also -- there are what is known as static -MR. STILLS: Your Honor, if I may,
because they haven't been trained by a court reporter, there is a lot of nodding and agreement that's going on that's not going onto the record. You are nodding yes to my questions -- it is a seminar, but she's got to record it.

486 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 both of them. Q (By Dr. Grossman) So the way you see it, careful. question. DR. GROSSMAN: what should I do? THE HEARING OFFICER: Be very Okay. Thank you. So
You ask the question; he answers the If he nods in agreement to you, she's
not going to get it. DR. GROSSMAN: wait until he says yes. Okay. So I have to
We'll get this together. We'll teach
as well as you understand it, and perhaps the folks here can augment what you have to say, that it was basically a temperature difference between two levels on a tower that could have been no higher than 30 meters and you don't know what the different height was. It was just they gave you
some measure of stability, or did you figure it out yourself? A Q A No, I did not figure it out myself. Where did you get this? I take the meteorology data set that's I send it to another
given me by the site.
consultant in Idaho Falls, Idaho, who converts the data into stability classes and puts it into the

487 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 matrix. It's called a STAR data array, stability
array, and the STAR array is what's read in the MILDOS. Q It would be interesting to find out
exactly how that was done, the type of stability that was used, whether it was static or whether it was a flux Richardson number or something like that. I had seen -- let's go to the displacement height now. displacement height is. Let me explain what the It's used in these kinds
of models, and basically it's the wind profile in a theoretical setting begins right at the lower surface and that's a zero displacement. right there. It's just
But if you have grass or buildings or
something that's on top of that flat surface, like we have in the real world, the wind profile does not go to zero at the surface anymore because it's got this displacement because of the disturbance of all this other stuff: buildings, smokestacks. And this was used in the model, I expect; is that correct? A Q What was the question? The zero displacement level. Grass, trees, people, cars,

488 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 A I can say this much. They do account for That much I
plume reflection from ground surface. know.
And the Z parameter is an elevational -- is So if
elevation relative to the central point 000.
you have a higher release point, like a stack, you account for that. Q summarize. So I get that the inputs -- let me Why don't you summarize the inputs, and I will agree or disagree.
then I will not nod.
Summarize the inputs for us. A The meteorological inputs -- it is a
matrix of wind speed and wind direction to speed from each direction and the stability category for each of those. So you have like one percent of the
time, it comes from the north at five to ten miles an hour in stability class C. So you have to
imagine a 3-D matrix, and that's the input for the meteorology. You specify sources such as release
points such as stacks, release points such as ore, ore storage piles, release points such as tailings ponds, et cetera. Q And these -- are these done as a group or
individually and then you add everything up? A Q They are done individually. And then you add everything up at the

489 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 end. A Q It all adds up automatically. So each one of these is a separate run:
Tailings run, smokestack run A, smokestack run B. A No. You can have multiple -- you can They can be
have ten sources in each run. different types of sources. Q A Got it.
So you can mix and match, if you will.
Ultimately, that run gives you an output which is dose per year at the receptor location. You can
have up to 48 receptor locations for each run. Now, in a lot of cases, different types of facilities will have more than ten sources, for example, and sources that turn on and off during -through time. So you may make multiple runs. You
may make 10 or 12 runs, and you have to sum up all of those data to get an answer through time. Q wind data. A Q A Q Essentially. It does not use upper air data at all. It does not. So if these clumps of radionuclides or But importantly, MILDOS only uses surface
whatever are lofted above the planetary

490 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Q boundary layer above where your surface wind speed applies and wind directions, anything could happen. MILDOS is out of the picture. interpretation? A Well, I would not anticipate lofting to Is that your
the planetary boundary layer from -- of sand, which is what you are talking about, for the most part, for tailings certainly, if that's what you are talking about. Q It's sand.
But we know from observations that, in You can see it out
fact, this lofting does occur.
here, and especially it occurs during the severe windstorms. And, in fact, while we were having
lunch out here, I was watching lofting going on for wind speeds that were far less than the 40-mile-an-hour threshold that had been mentioned earlier in these proceedings. MR. SPAANSTRA: Dr. Grossman, when
you are asking questions, you usually can't testify along with that. DR. GROSSMAN: All right. Sorry.
(By Dr. Grossman) So as far as you know,
MILDOS does not account for anything that is above the height of the highest wind measurement that applies to the model.

491 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 A Q Height meaning speed? No, the height. The altitude of the
highest wind speed. A Q Correct. And you are well aware that in all
stability conditions, the wind direction changes with height. A Q Yes. That's the Ekman spiral in neutral
conditions, which -A Q I'm not an atmospheric scientist. An atmospheric scientist who will read
the record will understand this, and I will be glad to explain it to anyone. Where did you get the background information from which you determined this, how much impact the mill -- where did that 180,000 come from? A I used a general rule of thumb of 1
picocurie per gram of radium in soil. Q A Where did that come from? Well, I have got 35 years of experience.
I didn't reference anything, but I can show you references that show you are in that realm. There's a report done by Oak Ridge National

492 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 year. Laboratory back in 1976 where they took surface soil samples in about 30 states and analyzed them for uranium, radium, et cetera. Q Why couldn't you use the measurements
that are made here locally? A Oh, I didn't have any measurement data at
the moment, but I have taken many soil samples in this state and I can tell you that's a reasonable number, one. Even if I'm off by a factor of two,
it's still a tiny addition. Q Lastly, you say you have run this for a And this pertains to Mr. Spaanstra's You have run this for -- the data that
question.
you have accumulated -- a year. How can you compare this year to any other year? A Q A It's the year we have. You have a sample of one. I have a sample of 8,760 hours. I agree
with you more data is better. Q But it comes down to one annual average
at a specific site. A Q One total -Yes. Based on 8,000 hours, fair enough.
But you end up with one sample at a site.

493 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 data? DR. GROSSMAN: Thank you very much.
CROSS-EXAMINATION OF DR. CRAIG LITTLE BY MR. STILLS: Q I do have a couple of questions. Good afternoon, Mr. Little. First of
all, a couple of questions from your CV that you provided. I see that you have worked extensively
for Cotter Corporation in Canon City, Colorado; is that correct? A Q A Yes. For how long have you done work for them? I have probably done work for them for
ten years, in that ballpark. Q And does Cotter Corporation rely on your
modeling and recommendations to make judgments about whether or not the plant is safe? A Not that I know of. What they do is take
my report, which is the same sort of thing that I did for Pinon Ridge, to calculate the -- to calculate the potential doses to a member of the public some distance away or at the fencepost, and they put that into their annual report which is submitted to the State. Q And are those reports confirmed by actual

494 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Honor. A Q I don't understand the question. The reports that you prepared for Cotter,
the dose estimates, are they confirmed by actual dose estimate monitoring? A Q As I said earlier, in some instances -No, I'm sorry. I'm asking about at
Cotter, have your dose estimates been confirmed by actual data collection? A I don't have a dose estimate for a given I have a dose estimate. I don't
receptor, no.
have a dose measurement for an actual resident. Q So your work -- you provide a model, but
you never go back and calibrate and check and see if it's accurate at Cotter. A We don't calibrate the model, but a
number of times, we have compared the ground concentration that we got from using the MILDOS model to actual measurements that were done at the Cotter plant. Q How heavily does your model rely on the
Final Generic Impact Statement of uranium milling, the FGIS, of 1980? MR. SPAANSTRA: Objection, Your The NRC has
It's not Dr. Little's model.
developed the model.

495 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 MILDOS model. Q are using. A I can't answer the question specific DR. LITTLE: Yeah. Well, the
We'll phrase it that way. The model that you
(By Mr. Stills) Okay.
about the Final Generic Impact Statement, but I do know that the model was developed by the NRC. They
commissioned it with Argonne National Laboratory, and they verified that the calculations internally work and that's the model that they accept. Q A For the 1980 FGIS? They accept the model now, and they have
accepted it from the very beginning, even though -and they have revised it through time. Q Is a design -- is the design of a plant
important to your modeling? A Yes, in the sense that you have to
have -- you have to know what the releases are, what the size of a source would be, for example. From that standpoint, yes. For an operating
facility, you have some measurements of releases and you have actual sizes of sources, et cetera, physical sizes. Q But a design report is important to

496 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 understand what's going into your model, correct? A Q I'm sorry. Say that again.
Is a design of a facility important to
know what's going into your model? A Q A Q A Q Yes. Do you understand the terminology "GIGO"? I didn't understand the word. The term "garbage in, garbage out." Yeah, I understand that. And what does that mean? It means that
you put something in and if it's junk going in, you don't really have anything coming out, correct? A Q Better data results in better results. And specific data results in specific
results; is that correct? A Q True. In preparing your testimony and preparing
the reports that you brought here, have you been provided a copy of an engineering -- basic engineering report prepared by CH2M HILL engineers? A Q I don't remember if I have or not. Have you reviewed any design reports
after your model data was published that you are testifying on here today? A Would you repeat that, please?

497 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 mill? A Yes. Q Have you reviewed any design reports in
preparing the models? A First of all, I don't prepare the model.
The model exists. Q ahead. A I used estimates from the air permit, the I'm using the wrong language, but go
application for Pinon Ridge to help develop the release rates from various sources. Since there is
no facility, you can't take physical measurements to put in as input. Q Where did the data come from that you
entered into the model? A It comes -- to a large extent, it comes One, you know the quality of the
from two sources:
ore that's being used and you know the size of the sources, such as ore storage piles, tailings beaches, et cetera. And for specific release
points for which air permits are required, there is an estimate based on the design of the source and an estimate of the release that comes from that source. Q And those are design features of the

498 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 witnesses? Q If those design features change, would
the outcome of your modeling change? A I would say yes, in concert and sort
of -- in concert with all of the other sources. One source, generally speaking, would not dominate the dose -MR. STILLS: nothing further, Your honor. THE HEARING OFFICER: do you have any questions? MR. PARSONS: I do not. Mr. Sandler? Mr. Parsons, Thank you. I have
THE HEARING OFFICER: MR. SANDLER:
Nothing, thanks. Mr. Goad?
THE HEARING OFFICER: MR. GOAD: No.
Redirect?
We
haven't done anything that quick since we started. Thank you, Dr. Little. DR. LITTLE: You're welcome. What's next?
THE HEARING OFFICER: MR. SPAANSTRA:
I think at this
point, we would be ready for Steve Tarlton, since we are going to defer the cross-examination, right? Or, Jerry, where are you with your

499 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 think about it. THE HEARING OFFICER: Okay. What MR. GOAD: Well, Steve is here. We
are going to start losing witnesses from the State starting tomorrow. MR. STILLS: go with Mr. Tarlton. what we talked about. MR. SPAANSTRA: Given the fact that I'm fine if you want to
He's here, and I think that's
we've essentially dedicated tomorrow for Sheep Mountain, the idea that we are sort of taking folks out of order, I would think that if we are going to lose State witnesses, we ought to take them so we don't lose them. And I suspect that Mr. Tarlton's
testimony, both from our part of the direct and on the EIA, is going to be pretty lengthy. And so I
guess I would counsel that if there are some folks particularly that Travis wants to talk to, we ought to get them up here and get it done. THE HEARING OFFICER: have a problem with that? think about it? MR. STILLS: I do want a moment to Does anybody
Do you want a moment to
witnesses do you have here that you're going to start losing?

500 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 moments. THE HEARING OFFICER: five-minute break. Let's take a MR. GOAD: Well, I intend only to
call Mr. Tarlton, but Mr. Stills has indicated he may want to talk to several people, including Larry Bruskin -- and I don't know if we're done with Larry or not -- Mr. Egidi, Mr. Ethington, and Warren Smith. There's also been some interest She's available by And also
expressed in Nancy Chick. phone.
I've advised Mr. Stills of this.
Marilyn Null, who is a colleague of Warren Smith. She is also available by phone. THE HEARING OFFICER: And the first
phone person you mentioned, Chick, was Dr. Grossman's -MR. GOAD: At one point, Dr.
Grossman expressed an interest in Ms. Chick. THE HEARING OFFICER: if she was on your list. your list. MR. STILLS: Yeah, I -Okay. Do you I didn't know
A lot of people are on
THE HEARING OFFICER: want a few moments? MR. STILLS:
I do want a couple of

501 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 employer? MS. CHICK: The Air Pollution full name. MS. CHICK: Nancy Daniels Chick. And your (Recess taken, 3:21 to 3:32 p.m.) THE HEARING OFFICER: name is Richard Dana. Nucla. Ms. Chick, my
I'm the hearing officer in
We are sitting here with all the lawyers.
Raise your right hand. (Witness sworn.) THE HEARING OFFICER: State your
Control Division of the Colorado Department of Public Health and Environment. THE HEARING OFFICER: start the examination? MR. GOAD: little introduction. Nancy, this is Jerry Goad at the Attorney General's office. I represent the Department of We are, as I think you I'll just maybe do a Do you want to
Health in this matter.
know, in a hearing about the application by Pinon Ridge for the radioactive materials license. There
are a couple of parties here who would like to ask you some questions related to that.

502 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 BY DR. GROSSMAN: Q Greetings, Ms. Chick. I'm standing here MS. CHICK: MR. GOAD: Okay. Thank you. Do you want to
THE HEARING OFFICER: start, Dr. Grossman? DR. GROSSMAN: MR. STILLS:
Do you want to start? Go ahead. Why don't you
THE HEARING OFFICER: come up here by the telephone. NANCY CHICK,
being first duly sworn in the above cause, was examined and testified as follows: CROSS-EXAMINATION
talking to this machine and I'm sure you are doing the same thing. I apologize for that. I will try
to be as clear as possible. I want to ask you, first, something about your qualifications and background, and I wonder if you have had any formal meteorological training. A Okay. I have not had formal My background is I have a
meteorological training.
bachelor of arts in geology from Bryn Mawr College in 1981 and a master of sciences in environmental sciences from the University of Colorado Denver in

503 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 1991. I was hired here September 17, 1984. have been here pretty much ever since. I
A lot of my
job here involves reviewing data that's submitted by private parties, such as the Pinon Ridge project, and that's what I have been doing for 28 years, is reviewing these data packages from them and writing back and forth and corresponding and making sure that the data is collected according to EPA protocols and rules and good science. Q I have noticed, however, it appears that
you also have been reviewing air dispersion modeling as well as the data that is applied to those models; is that correct? A No. I don't review models at all. I
don't have any background in modeling.
What I do
is I review the raw data from the meteorological towers that goes into the model. For example, they
send me reports -- in this case, Pinon Ridge sent me reports of giant electronic files of the wind speed and wind direction by hour and by 15-minute increments. And what I do is I look at all that data and see if it looks like it makes sense, and I look at, as well, inspections of the tower that are

504 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 required to do -- they're required to do audits and calibrations of the tower and send me those records. So I review all the raw data and kind of
approve it, and then it goes to our modelers who will review final data processing and modeling, so I don't get involved in modeling at all. Q Can you tell me who those modelers are,
what their names are? A Well, in the Air Pollution Control
Division, it would be Doris Young or another gentleman. But, you know, in this case, you are
talking, I believe, about the radiological model, and I don't think we were involved in that at all. We were reviewing the air permit, which hasn't been issued yet. Q Which is interesting that we are dealing
with one permit that's been put on hold, I guess, while yet another permit -- and this citizen is a little confused about that, Ms. Chick. going on the record about that. It looks like, then, that all you've done was review data for quality and for format and to make sure that the calibrations and data quality reports were in order. A Right. And I also double-checked some of I'm just

505 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 the -- a lot of the calculations on the radiological data, although we don't really deal with that here in air, and on the particulate 10 microns or less data that they collected that was used for background. Q Did you review or accumulate the upper
air data that is used for AERMOD? A No, I don't do that. That, again, gets
decided by the modelers. Q So you had no -- you had a lot of input
into deciding the quality and so forth of the data observed at the Pinon Ridge site, that one year of data that was collected, but not the upper air data associated -A No, there were three years of data
collected that I reviewed. Q But as far as the permit that we are
talking about right now, only one year, 2008 and 2009, are applied to the permit right now. you -A I don't know because I had no involvement That's another division. MR. GOAD: Dr. Grossman and Ms. Are
in that one.
Chick, maybe I can clarify. MR. STILLS: Your Honor, I would

506 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 help me. Q straight. (By Dr. Grossman) So let me get this The upper air data was out of your object to counsel testifying. We're understanding
the regulatory program and we have somebody from the program on the phone. MR. GOAD: Your Honor, I'm trying to Dr. Grossman has
facilitate this discussion.
referred to a permit, which, presumably in Ms. Chick's view, is the air permit. talking about a license. Here we are
It's a different object. Thank you. That did
DR. GROSSMAN:
bailiwick and over into the people who ran the AERMOD model. They looked at that data and pretty
much did the same kind of quality control on it that you had performed with the surface data; is that correct? A Well, I don't actually know anything, to
be honest with you, about the upper air data, particularly for the radiation permit because I don't -- you need to understand, the radiation permit and the air permit is overall CDPHE, but they have different rules that apply to them and different regulations and different processes and different folks doing it.

507 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 What happened in this case with this permit was because this was a radiation permit under the radiation regulations, they had to collect a year of preconstruction data. So air and
radiation got together and made sure that we were happy, both programs, with the data that was collected. But normally, if this was just purely
an air permit, there wouldn't have been a requirement to collect all this background data. That was under the radiation permit. didn't have any involvement. But then I
I don't know who is You
up there that looks at the upper air data.
will have to ask the radiation program folks. Q Okay. Last question, and I thank you
very much for helping us out here. You've mentioned that three years of data have been taken. towers down. They certainly didn't take those
They are high-quality instrumentation Are you planning to
sites, as far as I can see.
use all three years of these data in the air permit? A You would have to ask our air modelers
that question, if they used all three years. DR. GROSSMAN: Thank you very much. Don't leave,

508 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Q Ms. Chick. questions. MS. CHICK: Okay. Mr. Stills. We have got some more people with
THE HEARING OFFICER: MR. STILLS:
Thank you.
CROSS-EXAMINATION OF NANCY CHICK BY MR. STILLS: Q Good afternoon, Ms. Chick. It's always
absurd to stand here talking to a speakerphone, but I appreciate your patience in answering a few questions here. Let me know if you have any
problems hearing me. A Okay. MR. GOAD: please introduce yourself. MR. STILLS: Thank you very much. Mr. Stills, would you
(By Mr. Stills) My name is Travis Stills.
I'm an attorney working with Sheep Mountain Alliance, who is a party in this matter. have a couple of questions. How long have you been working with the data out at the Pinon Ridge site? A Well, pretty much from the beginning. I I did
would have to look at my files.
From a year or two
before they started collecting it, they had to

509 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 submit a quality assurance plan on how it was going to be collected, both the PM10 and the meteorological data, and get my approval. So I had
a lot of meetings with the applicant prior to all that and a lot of going back and forth and correspondence on getting the plan approved, and then I reviewed each quarter of the data for three years and wrote back and forth to them on that. And I haven't had too much involvement since they finished collecting all that data. Q And who from the radiation program were
you working with during that time? A Well, Phil Egidi, roughly, I mean in the
sense that I copied him on my correspondence, and Steve Tarlton and Phil Egidi were at some of our meetings with them, so that was who I was working with. Q And did Energy Fuels put forward numerous
proposals of how to collect the data? A Well, basically -- no. Basically we had
an initial meeting or two with them and we kind of agreed that there would be five radiological stations and two PM10 stations, and two towers: 10-meter and a 30-meter. Q And this was -A

510 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 A And then a lot of the back and forth was
making sure the quality assurance for all those things was appropriate. We reached agreement
fairly early on about what the program would look like in terms of the instrumentation. Q But there were disputes over what should
be collected? A Not really. There was the 30-meter
tower -- we were hoping that the 30-meter tower could do 2- and 10-meter delta temperature, and the design of the tower precluded that. So we didn't
have that from a 30-meter tower, but we had that parameter from the 10-meter tower. Q A You went with less data instead of more? Well, we didn't have the ideal of -- it
would have been nice to have the delta temperature which tells you the structure of the atmosphere, if there's inversions from the 30-meter tower from the 2- and 10-meter levels. But the tower is a
collapsing tower that telescopes; they couldn't put a sensor on. That was the only thing that we would
have liked to have had, but we had it from the other tower. Q Would that information have provided a
better understanding of the circumstances at the

511 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 mill site? A Well, you should ask -- more data is You should ask the meteorologists
usually better.
whether they felt it had a material -- the modelers -- whether they felt how material that would be. Q And is there anybody else, other that
Phil Egidi, that you were in touch with over at the radiation shop, and Steve Tarlton. said Steve Tarlton as well. A Pretty much just them. Occasionally now I'm sorry. You
I have lunch with Edgar Ethington and talk to him about it, but officially during the project, it was Phil Egidi I was just copying everything on. Q And so it's fair to say that you helped
design the data -- the air data model -- or the air data gathering facility. A Yeah, not the model. Along with some --
a lot of our modelers down here, they let me know what parameters they wanted off the towers. Q And that design was used for both the
license and the Clean Air Act permitting; is that correct? A Yeah, it should be the same data. The
same data and so forth should have been used for

512 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 both. Q When was the application for the air --
for the Clean Air Act filed by Energy Fuels? A I don't know. You would have to ask the
permit engineers that. Q A Are you still working on that permit? No, not really at all. My role is more
to supervise data collection -Q A Let me rephrase my question. -- and then approve the data, and then it
goes to the modelers and the permit folks, which is a different part of the Division, so I don't know when they got it. Q Okay. Are you familiar with the size of
the mill that's under scrutiny by the Air Pollution Control Division? A Oh, I have seen descriptions of it just
in a general sense, that it's going to have disposal cells and so forth. Q process. A No. I've probably seen that figure in But as far as how much ore it's meant to
the past, but no, because I'm not an engineer so I don't look at pollution controls or the size of the facility or anything like that. We are highly kind

513 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 A of specialized here as far as what we do. Q I appreciate that and your answers to
these questions are very helpful. Who would those engineers be? You know, I'm not even sure I know who
was working on that permit, who got it delegated to them. But on our section, they would be working on
the air permit, not the radiation one that you are holding a hearing on now. Q No, I'm aware of that, but I'm still
interested in who is working on the air permit from the CDPHE over on the engineering side. MR. GOAD: Your Honor, I would like
to go on the record as objecting to questions about the air permit, which Ms. Chick has already said is still pending. THE HEARING OFFICER: Well, you can I
ask her who the engineers are, if she knows. don't have a problem with that question. MR. STILLS: And as to the
objection, the air pollution permits were submitted as part of the radiation control application by Energy Fuels to meet their burden that they carry to getting a license, so it's highly relevant to these proceedings.

514 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 much for that. I think that's all the questions I have for Ms. Chick. I appreciate your patience on a MS. LUCAS: Those were courtesy
submittals to show that those applications were filed. They weren't relevant to the determination
on the license at all. THE HEARING OFFICER: argument, folks. end of the day. Q (By Mr. Stills) Do you know who those You've got an
We'll hear that argument at the
engineers -- well, first, do you know who they are specifically working on the Energy Fuels' permitting? A Q No. Do you know -- can you give me the names
of the people that it might be? A Well, what you should do is Chip
Hancock -- R.K. Hancock is the head of permitting, so he would probably know who the -- or could look up who it's been assigned to. MR. STILLS: Is that information we
could get outside of the testimony? MR. GOAD: MR. STILLS: Sure. Okay. Thank you very

515 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 very interesting communication. DR. GROSSMAN: ask one last question? THE HEARING OFFICER: Let me -- do you have questions? ahead. RECROSS-EXAMINATION OF NANCY CHICK BY DR. GROSSMAN: Q Ms. Chick, I have just one last question. You said the stability calculations were taken from data only from the 10-meter tower; is that correct? A Yes, I believe so. I can't remember if Just a minute. Go Your Honor, could I
Questions?
they would have used the data from the -- there was 30-meter, 2 and 10 -- I think there was a 2- and 30-meter temperature sensor on the 30-meter tower, but I believe they tend to use the 2 and 10 and there was not a 10 on that tower, 10-meter temperature sensor. Q So there were two stability observations:
One at 2 meters and 30 meters on the 30-meter tower and one at 2 meters and 10 meters on the 10-meter tower. A Yeah, but I don't know whether the
modelers actually use that 2 and 30 because a lot

516 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 of the modelers use -- models use 2 and 10. DR. GROSSMAN: Okay. Thank you. Ms. Lucas, do
THE HEARING OFFICER: you have questions?
CROSS-EXAMINATION OF NANCY CHICK BY MS. LUCAS: Q Hello, Ms. Chick. It's Olivia Lucas for
Energy Fuels.
I just had one question to clarify.
You and Mr. Stills were talking about the amount of data collected and used. That was in the
context of the air quality permit; is that correct? A Well, it would be -- it would actually be
both, because what I was talking about is the meteorological data, the wind speed and wind direction data by 15-minute averages and hourly averages. And the intent was to use that data And on our side, it I don't know
somehow for both permits.
would be used for modeling an AERMOD.
what it would have done on the radiation side, but the data was actually collected because it was a radiation permit requirement to collect a year of data. So theoretically the same data should
somehow be driving both analyses. Q But your involvement with the data is on
the air side?

517 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 trouble. MS. CHICK: MR. GOAD: Okay. Thank you. It's ten A Q Yeah, it's on the air side. Do you have knowledge, from your
experience in the Air Pollution Control Division, on an air permit -- sort of the general how long an air permit takes to go from application to being issued, on average? A No. It can vary a whole lot, and I know But you'd need to
we have delays on our permits.
talk to Chip Hancock about those types of questions. MS. LUCAS: Okay. Thank you. Mr. Goad, do
THE HEARING OFFICER: you have anything else? MR. GOAD: No.
Anybody?
Ms. Chick, thank you for your time and
THE HEARING OFFICER: minutes until 4:00.
And I assume I have some folks My
in the room that want to make public comments. inclination would be to go ahead and do that and then to see how much time we have left.
I'll leave
it to some dialogue between you folks about who we

518 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 fine. might pick up with and whether there are people -some of these State folks that are going to disappear or whether you want... MR. STILLS: Your Honor, we have had
some of those conversations and with perhaps five minutes for us to have a conversation, I think we can solve that. THE HEARING OFFICER: Okay. That's If you
Let me make the announcement again.
are here and you wish to make a public comment, oral public comment, there is a sign-up sheet back on the table back there. I need you to print so I
can read it, who you are, where you are from, and who you are affiliated with, if anybody. I mean, I
get people here from labor organizations or environmental organizations or an employee of Energy Fuels or whatever the case might be. like to have that information. It's a very simple form. go on a sheet. Six people can I'd
If you would be so kind as to do
that, after our five-minute break, I will pick the sheets up and call on you. And the movie people You will be
want to do their microphone thing. under oath.
You may be asked a question just
because somebody doesn't quite understand what you

519 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 are talking about. Nobody has yet cross-examined
anybody offering an oral public comment and I don't anticipate they're going to, but you may get asked a question if somebody has one. (Recess taken, 3:53 to 4:07 p.m.) THE HEARING OFFICER: following people to stand up: I need the
Sarah Fields,
Richard Craig -- and if I mispronounce these, let me know. Elmer -- is it Plumber? ELMER PLUMLEE: Plumlee. Plumlee. And
THE HEARING OFFICER: Edwin Schlapfer.
How badly did I butcher that? That was good. I've got you
EDWIN SCHLAPFER:
THE HEARING OFFICER: four on the list.
Raise your right hands.
(Participants sworn.) THE HEARING OFFICER: you are first on the list. stand. SARAH FIELDS: couple of things to say. I just -- I have a Ms. Fields,
That's the microphone
Earlier today, the
question came up of what exactly is on the record and what can be added to the record. The purpose of the public comments and this hearing are to establish a record, to add to

520 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 the existing record of the application and the documents generated by the Colorado Department of Public Health and Environment. What controls is
not any court order but the Atomic Energy Act which requires these hearings. This hearing requires an
opportunity for public comment, so any comment or any party can add to the record. Then there was a little discussion of the MILDOS and MILDOS model; and apparently at this time, they are just guesstimating based on various default models. It's very hard for a member of the
public to figure out exactly what they are using as an input. This MILDOS model is also used to
determine the dose to the nearest receptor or the nearest resident or agricultural enterprise around underground uranium mines. And in that situation,
they actually measure the radon that comes from the radon vents and they use that in the model. But apparently at uranium mills, they do not actually use actual measurements of the emissions into that model. I've still been trying
to figure out how the uranium mill licensee uses the measurements of the radon emissions that are required at the tailings impoundments once a year and which must be reported either to the EPA and,

521 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 in the case of Utah, to the Utah Division of Air Quality -- how that data and information goes into that model. From the information I have been able to glean thus far -- and I may have missed something -- it's hard to understand what measurements, what kind of monitoring will take place at the proposed mill site of these emissions. And I don't mean monitoring of emissions at the edge, but I mean monitoring of the tailings impoundment, monitoring of the material that comes off the stack, out of the stacks, monitoring of the actual ore pads and other of the numerous sources of both radon and radioactive particulates and how the results of that monitoring will go into this MILDOS model. My understanding is they have default parameters and they just use those defaults. has been a big issue at the White Mesa Mill, particularly since there has been dispersion of uranium offsite, which also leads to another big issue. Often these materials, uranium and other This
effluents, move offsite, and yet there is no requirement to clean them up in a timely manner. Windblown tailings may go in all kinds of

522 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 directions, and when do they get cleaned up? They
get cleaned up when the mill closes down rather than a continuous program to ascertain the offsite emissions of particulates and offsite dispersion in the ground and surface water of the radionuclides and demand timely cleanup of those dispersions. I'm not sure what plans the Colorado Department of Public Health and Environment has for timely cleanup of any offsite dispersions, but I think it should be part of the license. I have been going particularly over the staff's environmental analysis. inadequate document. I find it a very
Both in one of the most basic
issues of the environmental analysis and their technical analysis is there is no table of contents. The paragraphs in the sections aren't
even numbered so that you can figure out, without keeping scrolling through these over 100-page documents, to find out where things are and what's what. And then it makes it difficult to also make
comments, because these two documents, the technical evaluation and the environmental analysis, are two of the most important documents. Clearly, the Department didn't contemplate public comment on these documents when they were issued.

523 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 you. Craig. Another issue about the MILDOS is how often the MILDOS will be calculated for the site. I know at the White Mesa Mill, it's been years since they calculated the actual MILDOS, so that is an important issue, and it's important, again, for the public to understand how this all comes together to protect the public health and safety. Thank you. THE HEARING OFFICER: RICHARD CRAIG: Mr. Craig.
My name is Richard We expressed
I'm on the Nucla Town Board.
ourself in a letter that the Judge has as our feelings towards this mill. And I guess I'm the
public face of the Board because I'm retired and the only one that can get off. I don't have any technology stuff for But what I do have is our support. And I
think -- I appreciate all the people that's came to protect us from all this environmental stuff, but maybe you ought to take a Geiger counter and run out there right now and see how much radioactive dust is blowing around in the wind. lived here for years. People have
They're healthy, we're safe.
If you look around, you don't see a burned-out space. We've got cattle ranches.

524 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 So we can pretty well, around here, take care of our environment. It's obvious. And I'd
really appreciate it if we'd quit this hearing, because we have been at this a long time and I have spoke more than once. let's get going here. And I think it's time to We need the jobs. We need
the whole magilla of everything.
Of course, we
aren't going to get them right now because of uranium prices. Everybody around here knows that.
But someday, they are going to come up, and then we are going to get going. jobs. It's as simple as that. We need the
I think we have
heard over a year of how bad we need jobs in this country. Well, here's a chance. And I think that
the people in this area where it makes a difference has looked at all this. They have been in the And so we'd
business forever of mining uranium.
kind of like to take care of ourselves and do our thing, and with technology the way it is -- it's not 30 years ago. We are in now. Technology is
unbelievable, in my life span. So I think we need to quit doing hearings and let's get going. Quit messing with this stuff. And the
Get the permits and let's get to work.
environmentalists, again, I thank them for showing

525 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 up, but some of them can go and look at their area. There are quite a few things they could take care of there in automobile pollution. THE HEARING OFFICER: So thank you. Mr. Plumlee.
Spell your last name for me, Mr. Plumlee. ELMER PLUMLEE: P-L-U-M-L-E-E. Okay.
THE HEARING OFFICER: ELMER PLUMLEE: private citizen.
I'm here just as a And when
I moved here in 2000.
this mill started going on, I thought it was a good deal for the jobs. And then when it was brought up
about the dust out of Paradox showing up in Telluride, what about the dust out of Utah, Wyoming, Nevada, Texas? There's a lot of that dust
floating around from all those other areas also. Silver Pick, they just reclaimed an old vanadium mill, and there are still mine sites on those hills that have still got uranium and vanadium that's available right on the surface. This community needs the jobs, and with the safety valves that are put in place, I believe that the mill will be safe and be good, very good, for this community, Montrose County, and even Telluride. There's a lot of money that will be
floating around those areas that's not there now.

526 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 That's what I have to say about it. THE HEARING OFFICER: EDWIN SCHLAPFER: Mr. Schlapfer.
I do have a little
lengthier piece to speak to, and I was going to offer -- if someone wanted to speak perhaps before me. I don't want to mess up the system here. THE HEARING OFFICER: the last person on my list. EDWIN SCHLAPFER: Okay. I live in I think you're
Ophir, Colorado, incorporated San Miguel County. I'm basically going to have just a list of items I'm going to speak to. I know that, Your
Honor, you've heard a lot of testimony and I'm sure a lot of you have been here. And I'm not an expert
on this and I'm not a public speaker or an attorney or somebody that's good at this stuff. But I do
appreciate the opportunity to be able to speak here to you and to the citizenry that's here. It's an
honor to be able to at least speak, even though we may not agree on everything here, on these various issues. The first point that I would start with is the National Academy of Sciences has stated that there is no safe level of radioactive exposure. The rationale behind that is that throughout the

527 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 day, we all get exposed to various things. They
may not be radioactive; they may be other things. And they damage the DNA strands. happen, the body fixes it. But we never know which DNA strand is going to be ripped, if it's one that actually matters. So when a protein comes up next to that When we have that
DNA strand and tries to do a replication of the cell, is it going to make a cancer cell? In most
cases, it won't matter, but if the body doesn't get that one that doesn't help us get fixed, then we have a risk. So it doesn't matter -- you know, one
rip or 20,000 rips, we just -- there is no safe number that we can put down on this. And so that's
kind of a starting point that I wanted to begin at. And so, you know, when I go to Moab and I sit down at Milt's Hamburger Stand that's been there since the '50s and the radio is playing -that's when I'm sitting inside -- you hear nothing but ads, one after the other, for people trying to find people that have illnesses that are legacy illnesses from the area. And you kind of wonder,
if there's enough money to be made to pay for all these radio ads, there's obviously a flow of money back in to pay for those radio ads; and, therefore,

528 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 we do have a problem with people that have gotten sick in the past. According to the U.S. Department of Energy Office of Legacy Management, the ten-year latent fatality risk goes up 1,600 times if you live near an underground uranium mine in operation versus one that's not in operation. And this is
from the Uranium Leasing Program Final Programmatic Environmental Assessment from July 2007, Page 5-26. So in other words, when we have this stuff in rock, it is fairly safe. But when we
crush it up and dig it out, that's when we start running into potential risk factors. all of us are different. You know, and
Some folks here are
willing to take higher risks; others are willing to take lower level risks. Let's face it. By living here, we take a
higher risk level because we are up above most of the atmosphere, the majority of the atmosphere, as far as density goes. But we get a benefit from
that, because we live in beautiful surroundings. When you drive in here, you'll see that. But if we have someone externalizing costs on us that's just trying to make some money, well, that's fine and we do have jobs created from

529 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 that potentially. Then the question is: How far
are we externalizing those costs and are there the benefits for the greater members that live in the community. Also from that same document, you can actually measure the latent cancer fatalities just from a truck passing you on the highway or stopping at the stop light, say, in Ridgway, to be used as an example. That's on Page 5-12, Table 5-4, again The number is And not
from the July 2007 assessment.
astronomically small, but it's measurable.
all cancers, you know, express themselves within a ten-year period, as we know with smoking and so on, which is another example of how we can rip our DNA strands apart. This is kind of a little bit off topic, but just something that I think about is back on June 18, 2009, the United States Supreme Court reaffirmed the equal guilt and financial responsibility when one party is enabling with knowledge another party to make something that causes public harm, even though the first party was not involved with the manufacture of that harmful item. We have 13 dust events recorded, that I

530 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 saw, in the snowpacks. When I'm digging and I cut
down through the snow, I can see these red lines, and that was two years ago. And, you know, the
mud, when you go backcountry skiing late in the season, it gets pretty darn heavy on the cross-country skis, so you can't just wipe it off; you actually have to hose the skis off. have a lot of dust in the air. So we do
And that is a
problem because we've got all these legacies from Moab and from other areas around that we are all deciding to live within. But my question is: Do
we really want to be adding a potential more to that load that we are already dealing with. And so the new technologies -- and you folks are much more up to date on that than I am, but when I was reading in the paper about using sprinklers to keep the dust from flying, that's pretty old-fashioned. I mean, we are talking --
that was cutting-edge back in the Roman days where you had aqueducts bringing stuff in and you could potentially run sprinkler. So sprinkling a pile when we have an issue with water to begin with down in that site, to me, you know, I don't want to see this really dark, but if you have a mill operating and you're

531 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 having to truck in water loads after water loads to keep things functioning down at the mill -- the first thing is to keep the mill running and if the wind starts whipping up, are you instantly going to have that sprinkler on, how much of it is going to get blown before the sprinkler actually gets turned on, and then are you really going to devote the amount of water required to wet that pile down? And how much sprinkling do you really have to do to set down some of these piles? And if there's a
breakdown in the mill and the pile gets bigger and then you have this massive area that you've got to sprinkle, these are all issues that are kind of discretionary and not necessarily, you know, 100 percent. So we have a big economic engine -- we're all small towns here, but Montrose is roughly 50 air miles. And, you know, I'm repeating a lot of
things, I'm sure, that has been said before by most folks here and that testimony yesterday and today has already done, so I apologize for that, but it is at least representing my concerns for these issues. And then, of course, you have the
Telluride economy a good 50 miles away, and so that's something to consider too.

532 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 You know, according to the State of Colorado, we were supposed to be wearing dust masks when we were going by that Silver Pick site that was being reclaimed, and, you know, nobody wore dust masks in the car driving through, but that's apparently what we were supposed to be doing at one point. And so the State would not make a comment
like that unless we actually needed to do something or there was an actual risk that they needed to talk about. On a separate issue, the yellowcake that we are talking here is simply going on the international market, sold to the highest bidder. It's going to whoever has the money. And if the
United States decides that China is on the allowable list or Russia is on the allowable list, that means that we potentially could be looking at a nuclear proliferation situation, because the Chinese are the main connection to North Korea currently, not that they'd want to sell something to them. The Russians are the main connection to
Iran right now, and they both sell currently conventional weaponry to them. I'm not saying that
this would happen, but the problem is we have an avenue there. And once it's over there, we have no

533 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 more control over that product. Another thing that really bothers me is that if we have a very limited amount of this particular element as far as the planet goes, why would we not consider a more strategic reserve at this point in time. And if, in a 100 years from
now, we figure out a better use for this product, then we have it in-house and we are not going and begging hat in hand for it from some other country in the future after we have dug it all out and made our money. I'm sure the issue of the multiple sulfuric acid trucks have been talked about. much as we would all like to think, you know, humanity, even with its best efforts, is unable to engineer accidents away. can, but we can't. We would love to think we As
And we know that statistically
there are risks that we're going to have with that. And as far as the ore trucks go, you know, it's a tarp, is what they all have to have on them, and that's it. And we have seen those tarps,
the auto-deployment tarps, and at 50 miles an hour, that's not something I necessarily want to be riding behind, but I very well may be. There's other issues, too, that I have

534 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 seen in the past where, say, Energy Fuels has put in at 500 tons per day and then the website says 1,000 tons per day, and these changes make huge differences in how much water we need to actually try to run the plant. That same Department of Legacy Management, Uranium Leasing Program Final Programmatic Environmental Assessment from July 2007 predicts up to 300 one-way truck trips a day from our legacy lands. Now, that's their maximum.
This doesn't account for private land, BLM lands that are opened up for uranium mines. So that
alone would be a hauler every two minutes over a 10-hour workday. And, you know, most of us are familiar with our small highways and our limited passing lanes and so forth. This would be a significant
impact if we have haulers -- and in most cases, we may see double haulers -- trying to pass something like that. So unless we really have powerful
vehicles to do that with, that's going to be a strong -- there's going to be a problem with it. So sulfuric acid, you know, that was discussed years ago with the issues down in Rico where they had a molybdenum mill, and people used

535 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 to have to put -- you know, they would have a break and then things would leak and then they would have to put wet towels under the doors and close their windows, and you could forget about having a metal -- back then, everything was metal -- fly screens. Those would just rust away. That was a
cutting-edge mill, and yet they still ended up with lots of situations. And they just barely dodged
the bullet on cleanup themselves for being designated a Superfund situation. minutes south of where I live. And so a friend of mine, he was looking to buy some land and then he started digging deeper and he discovered he's going to have to dig off the first X amount of inches of this land and then put fresh dirt down on top of it. And so there are This is about 20
legacy costs that -- you know, from things that aren't even uranium-oriented. You've probably already heard that we have committed to over a billion dollars on the Moab cleanup to one big pile to another location there. This is tax money. These are costs
externalized onto society. So the most prevalent isotope is U-238, which has a 4.5-billion-year half-life. So we have

536 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 got to look at that. Even though that doesn't go
very deep as far as -- and that's one reason U-238 isn't as dangerous as other things, as far as it doesn't penetrate very deep. But the problem is if
you breathe it in, then you've got it in tissue and it's just sitting right on those cells. So it's
not like the sunlight where we have developed over generations and generations an ability, hopefully, not to get as many cancers. This is something a And so we
little different that we are looking at.
are talking beyond geologic time of 4.5 billion years when the sun is going to do its red giant, and so we can pretty much consider this a forever situation. And forever, that reminds me of what they call the forever liner. The liner, from my
understanding, is essentially two-sixteenths-inch sheets of plastic with some metal wiring through it and in an inch of clay. And if we are talking
about living -- or having this down in the valley, in the Paradox Valley, where they are looking at earthquakes, man-induced earthquakes -- which we've throttled back on because we are not doing as much pumping of the water down to desalinate it, into the deep earth, so that we don't have as many

537 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 issue. earthquakes. If you are piling tons and tons and tons and tons of material onto a surface like that, even though you have some electrical lines going through it to let you know when it rips, you've got -- oh, there's an electrical connection that we lost. know, these are not ultradense little things. There's going to be rips and things are going to happen. And when you have things shaking and You
you've got tons and tons of material on it -- even the instigator of the whole Paradox mill idea here said that liners leak and that's just how it works. And so the idea is they are going to use smaller pits to put this stuff into. But then that opens up a whole other Now we have got this ability to throw And if you do that and you
garbage into an area.
use smaller pits, then you can easily line a different pit a different way and ask for approval from down at the Montrose County Commissioners to potentially put other types of waste; alternate waste streams is what they call it. And so now we are looking at, you know, how far up do we want to notch that waste stream. If you can make -- if there are hundreds of trucks

538 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 a day potentially that can come in -- you know, logistically, you are going to have a limit as to how many can drive in and out -- for 20 years and you get $10,000 a barrel for, say, a very dangerous waste, that's the ultimate cash cow. I mean, we
are talking billionaire territory on that end. And so, to me, this is -- once you've created and set up something here and you have things like the Montrose County Commissioners shaking their fingers at the community saying, Energy Fuels can at any time put their application in for an alternate waste stream, that tells me once the effort has been done to set up a waste cell in an area that has waste cells, then that's easier to go and put it there than to start the whole process over again and go somewhere completely different. The water issue I'm sure has been discussed at length here, and so hundreds of gallons of flow per minute, that's something that I just see alternatively potentially could be used in a drip irrigation system. It's ironic that down in
Paradox Valley, a handful of long-term sustainable farming jobs have kind of started budding out of this, and that now people may not want to buy from

539 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 those farmers if something does become a problem over a potential mill there. But that water could
potentially be used for a higher purpose. The jobs issue, I'm sure, was hacked, hacked, and hacked on. At one time, it was 85
jobs, and just looking at it from afar and being somewhat novice on this whole thing, you do realize that we're going to have some front-loaders, some big front-loaders are going to be operating, we are going to have some haulers, we're going to have some water haulers. And the company -- if this was my company, I would want to have a vertical integration, just as they are doing by buying the mines and then having the mill. And so if you can
have your own water haulers and so on, the reality is that they are going to pay what the market bears. And so if we have a community that needs a
job really bad and is willing and able to get their CDL license to haul various substances, that amount that's going to be paid to the front-loader, to be paid to that hauler, is going to be something that's not what some folks may want to wish that they could get paid. Sure, there's going to be a boss at the

540 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 factory, sure, there's going to be the chief accountant, there's going to be a VP and so forth, and those folks are going to get decent salaries. But as far as the economic benefit, I would really question how many jobs are we really looking at and what true pay are we thinking on that? So Energy Fuels is legally, by design, out of Canada, out of a stock exchange that is the most lenient as far as regulations go. This stock
exchange is really a purview within one's -- if one has money to put into a stock exchange, this would be the more gambling side of the stock exchange, because even a friend of mine who writes analysis software for investors that want to do exchange -work on those exchanges -- you know, it's purely a gambling situation when we come down to this. don't know how good an idea it is to have a Canadian foreign firm working something like this. And yellowcake is what we are talking about here. This is a cradle-to-grave situation. So I
We're in the cradle right now, and eventually things will go on to the grave. But yellowcake is And we
still early in that process off the cradle. remember the nitrous story, the false nitrous
story, was the cornerstone on the State of the

541 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Union address for the reason for going into Iraq. We didn't want the smoking gun to be in the form of a mushroom cloud. And this is the stuff that we We are going to
are actually talking about making.
be hauling this stuff across the United States and potentially up into Canada or who knows where. The Dolores River is only six miles away and it's got a tiny, little, narrow bridge across it, and this tiny bridge is just asking for an accident. If you have ever driven across it when
you've had a true semi going by, it's a tight, tight, tight bridge. Now, I'm sure they can
mitigate those things and maybe make it a one-car at a time type thing, slow it down and stop people. But at this point, that's the Dolores River. That's the tributary. something into that. I already mentioned that nuclear dumpsites constantly get up-zoned. And, you know, We don't want to spill
we are talking about an aquifer here and we don't know how to clean up aquifers, essentially. We can
maybe do a few things, kind of pump some more water down and pump things up. But that was something in
previous hearings in Montrose that was discussed, that, you know, we really can't clean up aquifers.

542 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 That's just something that's not possible. We have spent tons of taxes -- it's on the website from the Department of Energy -- on cleaning up Colorado from the last boom and bust. And I'm not sure if this country can really afford to continue to do such deep cleanups. let's face it. And then
We really don't do a cleanup; we
just mitigate down to a point where we have an acceptable level of exposure. Another question, to me, is: Do we We
really need this particular item currently? have 907 metric tons of fissionable uranium stockpiled already. is the spun-up stuff. metric tons. This is not yellowcake.
This
And the Russians have 903
And historically we have run over
half of the reactor fleet in this nation off the old Soviet stockpile. That's when the Soviets fell
on their face and we got it for pennies on the dollar. Now, currently, of course, we can't buy it for pennies on the dollar anymore, but there's a price to what will happen and what amount you have to pay to get some more stockpile if you want some of that similar-sized Russian stockpile, plus we have a stockpile.

543 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 And then, of course, we have reactors that also run on MOX fuel, so we are talking plutonium. And when we're talking plutonium, you
know, we have got 92 metric tons of it, the Russians have 187 metric tons, France has 57, Britain has 85 metric tons. So the question, to
me, becomes do we really need to be digging this stuff out just because it just barely makes money for somebody to do to sell it off. Another reason I wanted to speak today was that the bond is probably the reason we got to be here and speak to it again. The bond required
for cleanup was 10, my understanding, and now it's proposed at 15 million. And if we are looking at
that, if one of these cells fails, cleaning up just the evaporation pond or cleaning up the mill, the mill operation very possibly -- the thing could -the business could get milked and then it's pretty much penniless and then they do a bankruptcy and then the shareholders or whoever pretty much get nothing. the bond. There's no money for cleanup except for And so we have enough to maybe tear down
the facility, put the facility away, the actual mill. I don't think that will go anywhere near to
cleaning up a pile there -- an evaporation pond.

544 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 So this number to me is totally laughable, when we're spending like $10 million just for a third lane for a short little distance on Highway 145. I mean, my gosh, we are talking
massive amounts of earth moving, massive, to do a cleanup or to do a mitigation. So then it just
becomes the taxpayer that gets to pay for it again. So in any case, I guess it was we can dump 500 tons, is my understanding, 360 days a year for four years, so that's back to -- you know, we really could make some money here. And, to me,
this may sound a little strong, but as a country, we really don't have any need to be digging this out. We don't need to be digging this out for any We've got it in place. Yucca Mountain wasn't approved, and it's ironic that the Yucca Mountain site, if it was approved -- if we just took Hanford, the second most polluted site on the planet, and did a majority cleanup there, not a full cleanup, it would fill up Yucca Mountain. And we wouldn't be
reason.
dealing with anything that's sitting around in our current reactors that needs to be put away. And so Yucca unfortunately failed its test because they found out there was a way to

545 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 measure it late in the game. Somebody decided,
oh -- mankind had created a new element and we had a time marker and we could actually measure how deep did the water go into Yucca Mountain, and it was the Trinity explosion that created that new element. And so it failed. And so that's -- of
course, then they changed the measuring thing and we then said it was kind of okay and so on, but now it's at least temporarily shut down. So when we
have a Hanford currently sitting, I don't understand why we want to be adding to this. When we're talking -- if we dig this out, we are creating a future use for this product, and sometimes we really don't do a good job of deciding what we want to do in the future. For example, we
had, on the Trident submarine, the most lethal weapon that humanity has ever created. We had the
D5 missile, which had eight individually targetable warheads and a full 16 years left before the Department of Defense even said it needed to be replaced. But we went ahead and built a new missile and -- excuse me. The new missile is the D5. And
then we had to do extraordinarily expensive reoutfitting, because they're slightly larger, to

546 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 reoutfit the submarine so they could put them in. So this is kind of -- when we have lots of stuff sitting around that we don't know what to do with, these are the types of things that we end up doing and we just end up giving Lockheed Martin and other companies like this profits just basically off the taxpayer. These are not things we -- microphones This is
being created or glasses being created. simply churning, in my opinion. I'm winding down here. a lot of these items already.
This is... I have touched on
We like to think of being safe in some ways and taking risks in other ways, and we have had risks in the past with -- you know, we all -most of us here, we kind of grew up with the demologies of potential nuclear war. And we really
don't, I would say as a nation potentially, trust the Russians to deal with their current supply of weapons. We've had Russian generals say that they
can't account for all the various items, including the, quote, suitcase-type devices. And yet we think of ourselves as being totally safe. You know, we have a level of safety
to make sure nothing goes out of -- that we don't lose something, that something doesn't disappear.

547 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 And just a few years ago, we had six of our nukes lost for over 24 hours. And during that time that
we had no idea where they were, they were inside an aircraft crossing from north to south across the country, and the pilot had no idea that that was on board. So I think we need to think about. The other kind of 500-pound gorilla that's in the middle of the room is that these reactors that we use, you just have to knock out the primary and secondary cooling. And if they
can't cool, they have problems, and we saw that recently in Japan. And they're talking 100 years They
potentially for the cleanup in Chernobyl.
have half the money for the other sarcophagus that's supposed to last 100 years. And eventually
they're going to have all of it and build a sarcophagus, surround it, and then they're going to spend 100 years dismantling. This doesn't happen to every reactor, but when we have -- when I can go on the Internet and find solar panels -- now, granted, solar panels are not baseload dispatchable power. They are, say, 30
percent of a 24-hour period, you can have some power. But if you can make that 70-cents-per-watt
panel which is -- you know, that's $700 for a

548 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 kilowatt of energy infrastructure. So to run a
small hairdrier, you need -- it's 1000 watts, let's say. And so if you need an infrastructure to pay -- to run 1000 watts -- you know, when you have the head of a private firm in Germany, the CEO -- I was reading this in the Wall Street Journal a few years ago -- saying that -- and they're in the sling up in Finland on the newest reactor that's being currently built. They're saying any nuclear
reactor will cost at least $12,000 per kilowatt of infrastructure, and I can get for $700 myself, let alone being some big utility-scale purchaser, a solar panel -- granted, you are going to have to rack up, you're going to have to put transformers in and all that. So we are talking, let's say, And then you want to do a
$1,000 per kilowatt.
natural gas facility; that's about $1,000 per kilowatt. If you want to do a cutting-edge
combined cycle natural gas, we are talking $1,500. So let's say $2,500 for having baseload dispatchable power, so we're comparing apples to apples. Why would we be spending $12,000? And so that becomes a problem because the only way this happens is when we, the taxpayer,

549 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 guarantee the loan and the banker is no longer taking risk. The banker is just a paper shuffler,
and no insurance company will insure the facility over a fairly small amount. So the private sector This sinks under
says, This doesn't make sense. its own weight.
But when you dig more of this out
in the cradle area toward later in the life, we are going to end up with some costs to us and things that don't necessarily make financial sense. As far as technological breakthroughs in the last 20 years in the nuclear industry, that, I think, is very challenging thing to come up with. Sure, we have more computers and things. But, you
know, if you had thought of any country that can deal with this type of thing, you'd think the Japanese would have their stuff together. When you
go to Japan, you can eat out of the gutters it's so clean over there and they seem to have things together and they seem to make -- you know, they have given us a spanking on vehicle production, historically. So, you know, this is not the
Chinese building a reactor; this is the Japanese. The Chinese, that's somebody we don't necessarily want to be building more reactors. They have a culture where they are going to take

550 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 risks on, say, that concrete pour. You know, there
may not be enough rebar in that concrete; there may not be a proper mix in that concrete. And these
are problems that even manifested themselves in Finland, where you wouldn't expect something like that to happen. So in any case, given that we don't seem to have our handle on this thing really from the start through to the end -- I know that's a very broad statement. I think that given that this is
nothing patriotic to be digging it out right this moment, I would rather see cleanup jobs being created, that we go rolling up in a school bus to Tipton's office and just demand that he introduce a bill that we get some legacy cleanup work going that can provide actual jobs that actually are -- I don't know if they are government jobs or whatever, something that has a limit to how cheap you pay your employees, that have some health benefits and so forth, and that we just don't go down a road that's compromise after compromise after compromise. here. And I'm not of the opinion of, say, Ronald Reagan in the '80s where -- the Detroit auto You know, we do have limited gains

551 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 time. workers had that famous meeting on the school bus what to do, and basically two words: move. Retrain and
That's kind of a hardass attitude as far as I think
that goes, and I don't agree with that.
that there are jobs that can be done out here that can potentially help through taxpayer money. would rather have my taxpayer money going to something like that than to subsidizing something that doesn't make any financial sense in the free marketplace, as in the form of a reactor or other things or just nonsaleable items. Japanese make a car. some money. with nothing. we did. Thank you. I really appreciate all your You know, the But I
You can buy and sell and make
If we just build weapons, we end up We just spent the money. That's all
This was a really long piece and thank you
for all your respect. THE HEARING OFFICER: raised their hand. Somebody
I have at least one more
person -- there's a sign-up sheet over there on the table, if you would be so kind as to fill one out. Anybody else that wants to say something, I will come back and get it. (Off the record.)

552 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 THE HEARING OFFICER: If I could get
Trey Brown and Catherine Peterson to stand up and raise your right hands. (Participants sworn.) THE HEARING OFFICER: come up to the microphone. CATHERINE PETERSON: Well, this -One of you
the person who spoke before me was so eloquent and he had so much information that, you know, it's humbling to actually try to stand here and make a comment, because I'm probably not coming from -you know, he had so much information. But I have one small -- some ideas, and yesterday I was really affected by the people that were looking at the jobs and that they needed jobs. And I feel so badly because I have lived in this area 38 years and in Colorado 40 years, raised my kids here, four kids, and we are sitting over there in Telluride and we have jobs. And I feel like we
have really neglected this part of our county. And all of a sudden, you know, we've got somebody coming in and we haven't really done what we should have done to support, but it's not too late because one of the things we are talking about here is water. This is a really dry, dry area.

553 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Montrose tried to take some of our water. The
judge said no, it's speculative what you are doing. And that was a good thing. Right now, there's, you know, this whole kind of West End feeling that people are -- you know, he mentioned it and that's sort of my interest because I'm a chef, and, you know, ate a lot of beans and rice raising the kids and everything like that. My son's quote was, We
danced in the kitchen while my mother cooked beans. So when I think about the fact that we do need more food and the cost of gas to bring the food from other parts of the world -- you know, local food -- I see that this area we are talking -- we maybe had a couple of generations of mining, but really before that we were an agriculture and ranching community. And the name
Naturita and the name Nucla -- Nucla doesn't have anything to do with nuclear energy. It has to do
with the nucleus of a community, and Naturita to me sounds like nature. I don't know. It sounds like
the name of some health food product. But when we talked in Telluride when the mines closed -- and I really got there just after. I had friends who worked in the mine. Robin

554 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Willis, she was the first underground woman. But
we had -- they were diversifying up there, and we were all about forming the ski area. jobs there. We didn't have a job. There were no We could stand
around and go to the bars at night, because they never even thought it would be successful. We
never thought we would get a ski area, but we did. So we diversified. I feel like when these mines pulled out of here, leaving the only mess in this beautiful, pristine area -- when you drive from here to Dove Creek where I went to get my hay this year, my horses live in Norwood and horses I take care of. The only mess is mining that was left, and it was a boom-bust economy that really left a mess in a really beautiful place that people all over the country, when they come into this area -- their jaws drop because the sky is clean. give us really bad press. We can -- if we had planted fruit trees 30 years ago when those mines closed, we could be selling organic fruit right now at well over a dollar a pound. And we could be selling -- we're We've got Uranium could
100 miles away from Grand Junction. Telluride.
When you think about ecotourism and

555 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 saving pristine areas and economic sustainability, which is kind of my pitch right here, jobs and economic sustainability, because I don't see a mill in uranium mining is going to provide the kind of jobs that you can accept the risks for your kids and say that that's what we have to settle for. I think that we could be looking at new techniques in growing that use less water and provide more food. I think we are right in the
center of an area where we should be inviting people in to come and resettle this area. And we
would have -- it's definitely going to use less water than a uranium mill. desert. We are already in a
And we can have jobs for future
generations if we can provide a clean area of this country to live in. do not have. This is something that people
They don't have it.
Now, we also have a lot of beans out there that are not able to come here and speak. There's birds and bees and honeybees and wild horses and a whole ecosystem of life that we owe something to, possibly, that is of value to us, is of value to future generations, and it's quite possible it's a saleable value. So besides having more food, cleaner

556 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 water, a healthy -- you know, birds and bees and stuff to help us grow the food, I think we could have a lot of jobs and I think we could produce -we could go back to -- we could skip a generation. Clean up the mining like that previous fellow said and get these jobs going with, you know, grants for agriculture, and, you know, they are growing so much food on so less land and so less water than we ever did before, ever, ever, ever, and it's sustainable. It's good for us, and it's going to
cost us less money. Now, one last thing. We just legalized
hemp yesterday, industrial hemp, not psychedelic hemp. We could have a clothing factory producing
sustainable clothing on land that -- it doesn't take a lot of water. could do something. We could be known even. We
And there could even be grants
out there to build that clothing mill, to get those hemp fields going for rope and fabric, and it's nonpolluting. to grow. It doesn't take a lot of chemicals
So there you go. That's the last thing that I have to say,
but I'm focused on that for you all.
Long-term
economic sustainability and jobs and the environment. Thank you.

557 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Brown. THE HEARING OFFICER: TREY BROWN: Mr. Brown.
So my name is Trey
I'm here to just talk about the issues.
Edwin was very thorough and I intend to be very short. But I really -- I try to understand the job situation here in Naturita and Nucla. I know
it's a challenging situation, but I'm not sure this mill is a solution to it, in that, you know, it is our environment as everybody's in this world. We
only have one world that we live in, and we haven't been taking very good care of it so far. I think
it could be time to maybe turn this around a little bit. But I don't know of a uranium mill that hasn't polluted either groundwater, soil, or air quality. That said, this could actually -- if it
does pass and jobs are created there, what about the farms in Paradox Valley that have been there for years and years, decades? If you have poor air
quality, I don't think anybody is going to buy their food, maybe even their livestock. know. I don't
They could actually close down, so you could
lose jobs in that regard, and those are people that have been there for decades.

558 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 I could see this mill being a boom-or-bust situation. for six years, ten years. So, geez, maybe it lasts Great, it's creating
jobs but it's polluting, and the 11- to 15-million-dollar bond that's required for cleanup, I don't think that's going to cover -- I think it's going to cover very little of the cleanup. And so
what I could see Energy Fuels doing is wiping their hands clean, walking away and going, There you go, we made our money. consequences. You guys deal with the
Perfect example is Moab, Superfund Costing taxpayers billions of
site, disastrous.
dollars for an extended 20-year cleanup, a long cleanup. That's about all I have to say about it. It is our planet. I think it's time we take a
stand and start moving in a better direction for cleaner energy. I don't think this is a solution.
I think it's a problem. But on the flip side, if it does pass, I really hope it's monitored, everything is monitored, the soil, the water, everything is monitored by a third party on a consistent and continual basis. So if something does go wrong, we
are not counting on Energy Fuels to go, Oh,

559 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 everything is okay. Meanwhile, downstream you've Who
got people affected down the Dolores River. knows where?
And they didn't even get a chance to That's all I have
walk in and maybe speak on this. to say. Thanks for listening.
Anyone else?
We will resume again at 8:30 tomorrow morning. (Proceedings adjourned at 5:11 p.m.)

560 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 ________________________ Candice F. Flowers, CSR 216 - 16th Street, Suite 650 Denver, Colorado 80202 COUNTY OF MESA STATE OF COLORADO) )ss. ) REPORTER'S CERTIFICATE
I, Candice F. Flowers, do hereby certify that I am a Certified Shorthand Reporter and Notary Public within the State of Colorado. I further certify that these proceedings were taken in shorthand by me at the time and place herein set forth, that it was thereafter reduced to typewritten form, and that the foregoing constitutes a true and correct transcript. I further certify that I am not related to, employed by, nor counsel for any of the parties or attorneys herein, nor otherwise interested in the result of the within action. In witness whereof, I have affixed my signature this 30th day of November, 2012. My commission expires February 14, 2016.

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Court Reporting Videography Digital Reporting Transcription Scanning Copying Denver (303) 296-0017 Boulder (303) 443-0433 Colorado Springs (719) 635-8328 Greeley (970) 356-3306
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374:22 412:10 430:19 553:12 bringing 297:19 356:16 400:11 530:20 briny 383:7 Britain 543:6 broad 305:9 306:7 323:20 550:10 broader 368:11 brought 303:2 377:12 479:2 496:18 525:11 Brown 552:2 557:1,2,3 Bruskin 290:4 291:8 292:25 293:21,23,24 294:3,3,5,8 299:16,17 299:22 300:17 301:4,8 301:11 303:3 304:8,11 305:16 306:18 312:16 500:4 Bruskin's 298:5 304:6 Bryn 502:23 budding 538:24 build 547:16 551:13 556:18 building 326:23 327:2 334:4 337:23 549:22,24 buildings 326:18,25 334:9 487:15,21 built 331:9 368:15 466:7 545:22 548:10 bulldozers 411:22 bullet 535:9 burden 298:24 369:12,15 513:23 burdensome 306:8 Bureau 383:5 385:4 387:21 burned-out 523:24 Burning 412:5 burrow 403:5,14,16 435:7 burrowing 434:23 burrows 404:15 bus 550:13 551:1 business 362:17 363:21 369:7 370:10 524:17 543:18 bust 542:4 butcher 519:12 buy 412:11 535:13 538:25 542:20 551:12
557:21 buying 539:14 byproduct 340:14 B-R-U-S-K-I-N 294:4 C C 288:5 291:1 488:16 cactus 427:2,8,9,24 428:5 428:19 429:16,23 430:1 430:4 431:10,18,20,22 431:23,23,25 432:5,9,16 433:3 calculate 466:2 471:22 493:19,20 calculated 523:2,4 calculates 482:2 calculation 481:20 calculations 469:19 495:10 505:1 515:10 calibrate 494:13,15 calibrations 504:2,23 call 306:1 350:17 367:19 371:14 500:2 518:22 536:16 537:22 called 324:18 432:4 471:9 487:1 calling 314:7 calls 403:19 425:3 call-in 313:16 camera 369:21,22,23 Canada 540:8 541:6 Canadian 540:18 cancer 527:9 529:6 cancers 529:12 536:9 Candice 287:21 560:4,21 candidate 317:18 318:19 433:16,24 434:18 435:16,18,21 436:5 candidly 313:20 Canon 493:8 canyons 381:7 capable 325:7,21 capacity 334:25 366:6 367:25 430:20 capricious 434:11 car 532:5 551:12 Carbide 466:25 care 297:5 336:20,23 339:17 341:8,19 342:3 390:10 398:13 416:9 471:18 524:2,18 525:2
554:13 557:12 cared 315:14 career 466:20,23 467:4 careful 486:4 Caroline 357:15,18 358:13,14,20 361:2 451:4,9 458:1,16 carried 408:11 carry 334:5 483:5 513:23 carrying 333:25 334:1,3 423:24 cars 487:20 case 303:18 313:9 318:15 324:16 339:24 388:24 449:9 453:10,10 503:19 504:11 507:1 518:17 521:1 544:8 550:7 cases 480:5 489:13 527:10 534:18 cash 341:10 538:5 casually 385:23 catch 427:15 430:14 catchment 322:17,21 categories 476:17,18 category 488:13 Catherine 552:2,7 cattle 316:19 412:14 523:25 caught 418:9 cause 294:9 326:1 389:8 463:6 502:10 causes 529:22 causing 383:10 caution 358:13 360:12 CD 349:1 350:8 357:6 CDL 539:20 CDOW 437:1 439:14 CDOW-cited 438:19 CDPHE 293:21 294:19 297:19,20,25 298:3 302:5 303:7,16 304:1 305:15 310:5,21 311:13 331:5 337:22 342:20,23 357:22 363:10 366:4,8 367:21,23 371:16 374:7 506:22 513:12 CDPHE's 309:16 324:12 371:19 CDs 355:15 cell 329:12 331:24 332:1 332:2 335:4,4 342:11,13
343:8 527:9,9 538:14 cells 321:2,6 322:5 324:3 324:8,23 327:25 328:25 332:16 334:23 512:19 536:6 538:14 543:15 center 288:10,24 339:11 555:10 central 405:24 488:4 centrally 405:25 CEO 387:2 548:6 certain 398:7 423:4 447:7 455:5 469:16 485:8,9 certainly 316:4 317:14 319:21 345:15 366:19 373:12 379:5 380:3 381:13 383:20 387:6 393:11 396:25 397:5,24 411:17 434:3 445:8 454:1,17 456:23 472:3 475:21 490:8 507:17 CERTIFICATE 560:2 Certified 287:21 560:5 certify 560:4,7,12 cetera 472:20 475:25 488:21 492:3 495:23 497:18 chain 411:22 422:16 473:4 479:15 chained 404:23 406:13 408:22 411:4 412:7 413:12,13 chaining 461:18 462:11 462:13 chains 412:8 chair 293:22 312:25 challenging 549:12 557:8 chambers 346:21,22 chance 343:7 401:25 524:14 559:3 change 322:24 401:5,7 418:16 419:18,24 420:3 420:17 434:1,16 498:1,2 changed 321:17 343:14 433:25 434:6 435:24 545:7 changes 321:19 342:8 343:6 409:1 420:9 435:24 491:6 534:3 channels 327:12 chapter 300:20
characteristics 331:12 characterization 332:24 characterize 365:19,20 468:3 chart 351:6 cheap 550:18 check 351:5 494:13 chef 553:7 chemical 331:11 339:5 373:22 chemically 331:16 333:17 chemicals 556:20 Chernobyl 547:13 Chicago 475:13 Chick 290:11 500:7,12,15 501:2,9,9,12 502:1,9,14 504:19 505:24 508:1,3,6 508:8 513:15 514:25 515:7,9 516:5,7 517:16 517:18 Chick's 506:7 chief 540:1 children 380:10 China 532:15 Chinese 532:19 549:22 549:23 Chinle 383:2 Chinle-Moenkopi 329:19 330:9 Chip 514:15 517:9 Chi/Q 482:2,2,9 chloride 345:1 choose 320:17 321:4 churning 546:9 CH2M 347:18 355:11 361:15 366:5,10 370:17 374:3 496:20 Ci 473:22 circumstances 383:1 415:10 510:25 citizen 504:18 525:9 citizenry 526:18 citizens 340:21 City 493:8 claim 415:19 claimed 414:2 clarification 399:9 438:12 469:24 clarify 302:2 378:23 386:15 407:4 421:12
505:24 516:8 clarifying 424:10 class 488:16 classes 484:6,8,9,24 485:1 486:25 clay 328:8,9,11 536:19 clean 329:14 511:22 512:3 521:24 541:21,25 549:18 554:18 555:15 556:5 558:9 cleaned 329:13 522:1,2 cleaner 555:25 558:18 cleaning 542:4 543:15,16 543:25 cleanliness 458:9 cleanup 522:6,9 535:9,21 542:7 543:13,21 544:6 544:20,20 547:13 550:12,15 558:5,7,13,14 cleanups 542:6 clear 341:17 396:7 407:13 418:17 433:8 461:20 502:17 Clearly 522:24 clear-water 455:15 clerical 351:17 client 354:19 370:11 415:18 climate 479:3 close 327:6 342:13 358:10 360:20 535:3 557:23 closed 309:17,23 311:6 335:4 360:21 363:11 553:24 554:21 closes 522:2 closing 310:13 347:22 closure 334:15,17 335:2 336:6,8 338:5,6 339:3,8 341:7 372:19 379:10,13 379:21 clothing 556:14,15,18 cloud 483:15 541:3 clumps 489:24 CNHP 432:3 Coalition 288:25 coarser 339:10,12 cobble 312:11 Code 326:24 327:2 collapsing 510:20 colleague 350:21 500:9
colleagues 361:17 collect 339:11 507:4,9 509:19 516:21 collected 503:9 505:4,13 505:16 507:7 509:2 510:7 516:10,20 collecting 508:25 509:10 collection 328:3 494:8 512:8 collects 338:24 College 464:4 502:23 colonies 376:18 404:12 colony 404:16 color 431:12 Colorado 287:20,25 288:4,6,11,14,18,19,23 288:24 289:3 317:23 318:4 340:21 371:17 378:25 379:2 381:8,17 382:7,23 383:10 389:25 396:13 399:25 418:10 423:18 427:2,7,15 428:5 428:19 429:16 431:14 431:22 464:5,7 466:19 475:8,18 493:8 501:13 502:25 520:2 522:7 526:10 532:2 542:4 552:17 560:1,6,22 combination 328:8 combine 358:25 combined 316:9 325:3 379:6 548:20 come 291:16 292:7 300:24 307:16 312:23 315:11 347:4 355:13 361:9 363:11 374:19 377:6 442:8 450:8 451:19 452:6 459:14 467:21 469:20 474:5 491:17,21 497:12 502:8 524:10 538:1 540:16 549:12 551:24 552:6 554:17 555:11,19 comes 308:22 325:2 356:20 415:1 478:23 488:15 492:21 497:14 497:14,21 520:17 521:11 523:6 527:7 comfortable 366:13 coming 294:16 347:23 358:4,13 386:17 393:20
429:6 454:24 458:15 463:11,14 496:12 552:11,22 commencing 287:19 comment 300:21,21 313:2 342:21 416:14 518:10,11 519:2 520:6,6 522:25 532:7 552:11 comments 290:15 293:10 302:10 313:15 373:16 416:22 417:2 419:12,16 517:22 519:24 522:21 commission 372:16,18 373:2 391:3 421:4 466:2 560:18 commissioned 466:1 475:11 495:9 Commissioners 537:20 538:9 Commission's 321:15 commitment 385:10 committed 535:20 commodity 393:21 common 326:8 339:9 373:17 381:9 412:13 commonly 374:4 communicating 416:2 communication 439:5 515:1 Communications 288:13 communities 473:6 community 525:20,23 529:4 538:10 539:18 553:17,20 compact 321:6 compacted 326:4 companies 371:5 372:6 546:6 company 364:19 372:6 373:24 539:12,13 549:3 compare 473:9 492:15 compared 408:15 480:3 494:16 comparing 548:22 compartments 464:22 465:8 compass 476:10,11 compatible 331:16 competition 370:24 371:7
competitive 371:25 competitor 371:12 competitors 370:12 complete 300:17 302:13 304:19 345:13,14,15 387:19 413:24 458:11 completely 368:13 459:7 481:14 482:23 538:17 completeness 355:17 complex 464:10 467:7,9 483:2,20 compliance 328:20,21,23 339:25 343:16 compliant 390:24 comply 391:5,7,15 component 341:6 404:7 compromise 342:5 550:21,21,22 computation 485:17 computer 293:12 359:5 483:9,11,16 computers 549:13 computer's 295:25 conceivable 456:8,11 conceivably 420:21 422:5 425:6 concentration 328:19 473:8,9 494:17 concentrations 473:3 concept 465:6 conceptually 306:5 concern 343:15 344:3 353:23 418:18,24 419:13 423:19 450:4 451:18 452:2 480:16 concerned 342:9 355:8 356:4 425:24 427:19,19 442:17 concerning 294:15 295:17 361:14 concerns 353:20 382:8,9 419:21 421:22 449:21 450:1 451:16,17,21 452:9 531:22 concert 498:3,4 conclude 309:24 concluded 303:16 423:8 448:1 conclusion 444:7 445:4 447:19 448:18 conclusions 308:19,25
433:5 435:11 472:7 478:2 concrete 550:1,2,3 condition 390:16 conditionally 292:6 conditions 330:4 382:1,4 393:12 491:6,10 conducted 337:12 429:22 432:21 449:10 conducting 298:16 confer 354:18 362:9,11 conferring 362:13 confident 357:22 430:21 confidential 291:15 347:17,21,24 348:1,11 348:14,14,20,23,23 349:23 350:2,7,9,10,15 351:3,24 352:15,23 353:2,10,15,20 354:5,6 354:12 356:13,19,23,24 357:12,23 360:13 361:24 362:17 363:4,19 363:21,23 367:20 368:20,23 369:7 370:7,9 370:15 373:25 confidentiality 346:10 347:11 352:4 353:9,14 354:23 363:3,16 364:24 369:13 370:18 confirmed 493:24 494:3 494:7 confused 504:19 confusion 409:7 conjecture 443:16 connect 323:3 connection 532:19,21 537:6 consequences 558:11 Conservancy 384:25 Conservation 288:2 318:5 382:7,23 383:11 386:24 conservatism 471:20 consider 315:7 316:4 377:11 392:23 395:6,10 396:16 400:23 403:6 409:16 415:12 531:25 533:5 536:13 considerably 324:13 consideration 295:1 345:12 411:5 413:3
considered 317:6 344:22 386:3 409:19 422:2 425:8 472:17 considering 347:14 385:18 425:10 considers 398:24 consistent 558:23 consisting 328:1 constantly 541:19 constituents 328:17 331:1 339:18 constitutes 560:11 construction 302:8 340:9 340:12,17 consult 467:21 consultant 486:24 consultants 315:19 405:2 453:23 consulted 326:24 466:23 consulting 404:7,9 consumed 335:14 consumption 363:24 contact 356:20 contain 443:1 contained 335:11 containment 329:2 333:12 contains 370:7 contaminants 332:4 contaminate 424:12 contaminated 423:21 426:21 contamination 329:15 334:13 336:18 348:5 365:7,9,15 403:24 422:15 contemplate 522:24 contents 522:16 context 443:18 448:10 469:6 516:11 contingency 455:21 continual 558:24 continually 481:22 continue 291:10 320:11 336:12 467:22 542:6 continued 289:1 314:14 342:23 417:9 continuing 336:7 continuous 522:3 contract 389:15,15 467:13
contractor 453:12 467:6 contractors 465:21 contribution 315:13 386:10,14 contributors 306:18 control 404:20 406:8 408:7,10,11,14 409:10 411:20 412:5 461:19 501:13 504:9 506:15 512:16 513:22 517:3 533:1 controlled 338:11 controls 512:24 520:3 Cont'd 290:6,7 convective 484:11 convened 310:9 conventional 346:4 372:22 461:12 532:23 conversation 307:23 308:1 314:12 346:8 347:8 350:3 355:3 367:17 369:3,5 518:6 conversations 356:17 518:5 conversing 367:18 conversion 466:6 convert 293:6 converted 293:16 converts 486:24 convinced 443:15 cooked 553:10 cool 547:11 cooling 547:10 cooperatively 316:1,5 378:11 copied 509:14 copies 292:25 367:21,24 367:24 copy 309:4 353:25 357:3 364:10,14,18,22 496:19 copying 511:14 coring 325:16,19 corner 405:25 cornerstone 540:25 Corporation 288:15 493:8,14 correct 292:19 294:5,20 294:21 295:2,3,6,7 316:15 319:11,12,16,17 347:12 357:10,13 363:9 363:13 370:5,25 373:9
375:16,17,22 376:8,9,14 378:2 379:15,23,24 380:11,16 381:15,23 382:6,8,17,20 384:18,19 385:13,21 386:4,18,24 386:25 387:3 388:8 389:4 390:3,18,21 391:6 391:16,25 392:17,18 393:3,4,7,13,14,23 394:1,2,3,11 395:4,7,12 395:17,21 396:10,13 397:10,21 398:21,25 400:17,22 401:19 402:20,24 403:1,10 405:4,5,18 406:20 409:11 411:20,25 413:6 417:21,22 418:5,20 420:4 421:19 423:10 424:6 427:11 433:11 435:19 439:9,16 441:3,4 445:24 448:2 449:3 453:9 454:13,16 455:4 456:6 457:3,5 458:21 459:1 461:2 462:8,18,22 469:15 470:11 487:23 491:4 493:9 496:1,12,15 503:14 506:17 511:23 515:12 516:11 560:11 correcting 417:24 correctly 455:24 correspondence 509:6 509:14 corresponding 503:8 corridor 437:7 cosign 385:5 cosigned 387:21 cost 342:10,14 371:20 548:11 553:12 556:11 Costing 558:12 costs 373:23,23 528:24 529:2 535:17,22 549:8 Cotter 493:8,14 494:2,7 494:14,19 cottontail 376:2 counsel 298:4 307:10 347:1 362:11,13 367:1,7 384:7 416:3,25 499:15 506:1 560:13 counseled 460:2 counter 523:20 counting 558:25
country 524:14 533:9 542:5 544:12 547:5 549:14 554:17 555:16 county 342:1 399:23,24 399:24,25 400:1,2 480:17 525:23 526:10 537:20 538:9 552:20 560:3 couple 298:20 303:4 314:23 330:3 361:14 364:1 427:25 438:14 493:4,6 500:22 501:24 508:20 519:21 553:15 course 291:21 295:8 296:5 300:9 324:22 326:23 332:12 333:8 341:22 368:16 408:23 420:25 477:13 482:1 524:7 531:23 542:20 543:1 545:7 court 339:24 341:18 366:18 434:9,14 484:19 485:21 520:4 529:18 courtesy 514:1 cover 321:5 323:21 324:5 324:9,13,16,22 325:1,4 334:13 335:13 338:24 339:13,13,14 360:3 391:19 460:11 558:6,7 covered 324:24 340:13 covers 338:7 399:25 400:2 cow 538:5 cradle 540:21,23 549:7 cradle-to-grave 540:20 Craig 290:9 291:19 463:5 478:13,15 493:2 519:8 523:9,10,11 crash 423:23 424:1 create 378:17 403:15 422:9 448:23 449:5 created 307:12 325:22 528:25 538:8 545:2,5,17 546:8,8 550:13 557:18 creating 449:11 545:13 558:3 Creek 437:4 554:12 criteria 314:20,23 320:10 320:11,22 321:1,9,9,10 321:12,20 323:25 327:19,19
criterion 314:21,22 320:13,15 321:21 322:9 322:13,13 328:16,23 332:6 333:7 334:10,10 337:3,10 339:16 critical 333:13 cross 294:24 346:13 361:10 367:9 374:16,19 383:3 459:13,15 478:10 crossing 547:4 cross-country 530:6 cross-examination 290:7,7,10,10,12,12,13 291:17,22 299:8 369:20 369:24 375:2 416:10 417:9 478:13 493:2 498:23 502:12 508:6 516:5 cross-examine 291:14 cross-examined 519:1 crow 480:22 crowd 463:25 crucial 327:17 crush 528:12 crusher 337:20 CSR 560:21 culture 549:25 cumbersome 352:16 cumulative 394:8,11,17 395:2,5,9,23 396:1,11 396:15 398:20,23 399:15,21 400:17,21 402:3 curie 473:18,22,23,25 curious 308:9 362:15 current 544:23 546:18 currently 370:24 397:20 460:18 532:20,22 542:11,20 545:10 548:10 Curtis 288:12 366:24 371:10 cut 351:11 530:1 cuts 351:16 cutting-edge 530:19 535:7 548:19 CV 463:18 464:8 468:16 493:6 cycle 548:20 C-A-R-O-L-I-N-E 361:3
D D 288:9 291:1 daily 443:3 damage 309:11 527:3 Dana 287:18 357:6 358:15 359:11 470:13 501:3 dance 376:21 danced 553:10 dancing 376:14,21 dangerous 450:2 536:3 538:4 Daniels 288:8 501:9 dark 293:13 530:25 darn 530:5 data 330:18 337:8 469:20 476:4,8,19,21 477:7,20 478:5 481:1 484:25 486:22,25 487:1 489:18 489:20,22 492:6,13,20 493:25 494:8 496:13,14 496:23 497:12 503:4,7,9 503:13,17,23 504:3,5,22 504:23 505:2,4,7,11,13 505:13,15 506:12,14,16 506:19 507:4,6,9,12,16 507:20 508:22 509:3,7 509:10,19 510:14 511:2 511:16,16,17,24,25 512:8,10 515:11,14 516:10,14,15,16,20,22 516:22,24 521:2 databases 414:9 date 310:9 351:22 443:11 457:21 475:2 530:15 dated 407:13 429:13 443:13 dates 443:17 dating 325:14 day 291:25 293:12 338:16 392:20,21,25 393:3,6,16 393:16,22 424:20 439:22,22,23,23,24 452:21 458:18 460:20 481:7 514:7 527:1 534:2 534:3,9 538:1 560:17 days 329:14 380:13 460:25 530:19 544:9 dead 320:19 deal 303:25 308:21 311:19 312:9,10 326:21
347:10 353:16,17 360:14 374:16,18 460:12 505:2 525:11 546:18 549:15 558:10 dealing 380:22 394:10 396:9 405:1 423:13,18 425:2 451:20 504:16 530:13 544:22 deals 388:11 389:19 dealt 446:6 death 450:19 debate 310:16 decades 468:5 557:20,25 decay 466:5 473:4 479:15 December 475:16 decent 540:3 decide 366:17 decided 371:18 399:3 402:3 505:9 545:1 decides 342:18 366:18 532:15 deciding 505:11 530:11 545:14 decision 309:16 344:9 364:16 374:12 420:16 decisions 337:21,25 358:5 declared 478:20 decommissioning 340:1 decrease 322:18 decreased 381:22,22,24 382:5 dedicated 316:21 317:10 499:8 deemed 302:12 deep 330:9 403:10,15 536:2,4,25 542:6 545:4 deeper 535:13 deer 315:24 317:8 375:21 default 520:11 521:17 defaults 521:18 Defense 467:10 545:20 defer 377:22 498:23 definite 406:15 definitely 368:19 409:13 410:23 426:12 555:12 definition 412:9 473:17 degradation 436:10 degree 464:3,5 delays 517:8 delegated 513:6
delete 352:14 deliver 414:14 delta 510:10,16 demand 299:4 522:6 550:14 demologies 546:16 demonstrate 311:10 density 528:20 Denver 288:11,18,23 308:6 465:3 502:25 560:22 department 288:19 298:19,25 299:2 304:12 306:8,11,13 310:2 336:24,25 341:13 379:4 467:10 475:13 501:13 501:20 520:2 522:7,24 528:3 534:6 542:3 545:20 depend 381:17,20 dependent 393:19 depends 336:14 deplete 384:17 depletion 381:15 382:9 383:10 390:5,10 depositing 452:21 deposition 327:9,11,16 471:4 480:17 desalinate 536:24 describe 326:11 464:1 471:12 472:10 described 408:8 448:23 468:2 479:6 describes 471:15 describing 409:9 436:24 description 311:11 407:5 409:9 449:6 descriptions 512:17 desert 555:14 design 300:9 326:17 327:4,4 328:10 331:24 332:1,2 337:16,25 365:12,21,22 370:8 371:24 373:21 418:16 454:6,8 495:16,16,25 496:3,22 497:1,20,23 498:1 510:11 511:16,21 540:7 designated 349:22 350:1 350:14 535:10 designation 354:23
370:14 designed 322:21 324:6 326:21,25 327:9,10 329:3 335:5,9 338:3,6 377:21 designing 323:21 desk 373:6 despite 297:22 298:10 detail 344:25 365:18 373:3,20 374:6,11 456:24 detailed 326:17 430:23 447:1 details 330:7 402:7 433:20 441:11 478:23 detected 403:25 determination 402:6 514:3 determine 325:9 449:10 450:22 454:15 484:25 485:1 520:14 determined 325:20,24 350:7 388:18 491:16 determining 366:13 deterministic 482:23 deterrents 458:3 Detroit 550:25 develop 378:22 450:18 451:23 497:8 developed 475:12 494:25 495:8 536:7 development 306:19 437:20 451:11 devices 455:16 480:2 546:21 devote 531:7 diagrams 366:2 374:9 dialogue 481:15 517:25 difference 391:22 486:14 524:15 differences 411:7,9 534:4 different 301:12,18 312:24 334:17 338:12 352:13 373:18 391:10 397:4 405:3 407:1 408:14 409:2,22 410:12 412:10,17 421:1 430:17 431:18,21 432:2 465:19 466:18 470:6 476:9,12 479:18 485:6 486:17
489:7,13 506:8,23,24,24 506:25 512:12 528:14 536:10 537:19,19 538:17 differential 485:9 difficult 311:25 429:17 432:8 437:13 456:19 522:20 dig 528:12 535:14 545:12 549:6 digging 530:1 535:13 543:7 544:13,14 550:11 dire 290:6 361:11 362:22 direct 290:6,9 291:11,21 314:14 349:18 366:16 463:8 499:13 directing 439:18 direction 476:9,11 484:1 488:12,13 491:6 503:21 516:15 558:17 directions 476:10,23 483:25 490:2 522:1 directly 444:5 Director 288:13 directs 298:4 dirt 535:16 disagree 369:13 409:6 488:9 disagreement 382:22,24 disagreements 452:18 disappear 518:3 546:25 disappointed 312:7 disastrous 558:12 disc 292:17 359:7,8 470:18,18,19 471:9,9 discarded 304:21 discharge 337:19 338:18 discharged 338:16 discharging 338:15 discipline 409:5 disclose 355:3 disclosed 430:1 463:17 discloses 446:15 disclosure 298:6 463:18 468:22 discontinuities 325:24 discontinuity 325:18 discovered 403:20 443:19 535:14 discovery 291:9 293:19 293:20 298:16,18,22
303:15 306:7 312:12 347:15 348:4,13 349:24 350:25 361:19 365:4 407:20 441:13 442:10 discretionary 531:14 discs 356:22 discuss 329:23 331:5 337:11 340:4 361:9 460:25 discussed 291:7,23 407:21 447:17 462:7 534:24 538:19 541:24 discusses 321:20 327:20 337:3 discussing 339:17 discussion 339:23 346:9 346:18 356:10 360:5,14 367:5 414:17 439:21 452:12 465:23 477:23 506:5 520:8 discussions 304:13 413:17 433:6 dismantling 547:18 dispatchable 547:22 548:22 dispersed 426:1 dispersion 503:12 521:20 522:4 dispersions 522:6,9 displacement 483:4 487:10,11,14,19,25 displeasure 457:22 disposal 321:22,25 331:10 332:3 345:5 512:19 dispose 341:3 disputes 510:6 dissertation 465:5 distance 399:17 479:5,9 479:22,25 480:11 482:13 493:21 544:3 distances 479:24 distribute 292:16 district 339:24 341:17 384:25 385:8 386:24 387:17 388:19,20 disturbance 487:19 disturbing 429:20 diversified 554:8 diversifying 554:2 diversions 323:1
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390:16 drums 425:19 dry 330:10 437:4 441:24 471:5 552:25,25 dryer 337:19 due 331:8 340:9,11 dug 397:15 533:10 dull 431:11 duly 294:9 463:6 502:10 dump 544:9 dumpsites 541:19 durable 335:7 Durango 288:4 dust 338:10 339:5,6 470:22 471:2,4 472:11 474:4 523:22 525:12,13 525:14 529:25 530:8,17 532:2,5 duty 369:14 D5 545:18,23 E E 291:1,1 EA 317:16 385:12 earlier 342:25 346:8 374:7 434:21 439:7 483:10 490:17 494:5 519:21 early 320:23 337:21 510:4 540:23 earth 536:25 544:5 earthquake 327:1,4,5 earthquakes 536:22,22 537:1 easier 538:15 easily 332:20 356:8 537:18 east 315:16 334:20 377:15 437:5,14 438:2,7 449:18 472:22 477:15 477:16 eastern 381:8 easy 357:20 473:16 eat 549:17 eaten 422:6 economic 393:12 531:16 540:4 555:1,3 556:24 economics 393:9 economy 531:24 554:15 ecosystem 464:22 465:6 465:8 555:21
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503:10 520:25 ephemeral 322:23 equal 529:19 equals 473:18,23 equipment 333:14 337:17 477:12 equivalent 321:18 328:13 ER 318:12 319:3,5 399:5 400:8 405:9 441:1 458:20,23 462:8,14,15 erosion 322:18 324:10,17 324:20 325:23 especially 298:23 318:8 330:13 490:12 Esq 288:2,5,9,9,12,17,21 essentially 298:15 302:12 326:20 332:11 449:4 450:13 475:1,2 476:19 477:5,5 479:22 481:24,25 489:21 499:8 536:17 541:21 establish 305:23 324:22 330:18,23 519:25 established 331:3 332:13 443:23 estimate 350:14 399:17 460:3 462:3 470:9 471:3 471:12,16 472:6 494:4,9 494:10 497:20,21 estimated 423:24 estimates 466:8 494:3,7 497:7 et 472:20 475:25 488:21 492:3 495:23 497:18 Ethington 297:23 302:15 500:5 511:12 evaluate 300:1,4 449:22 449:23,24 evaluated 422:20 433:20 evaluation 330:23 366:5 522:22 evaporation 321:3 328:1 328:25 333:11 334:6,24 417:22,24 543:16,25 evapotranspiration 325:1 event 324:7 334:14 335:1 335:5 400:25 events 334:11 335:14 529:25
eventually 540:21 547:15 everybody 292:3 297:10 309:4 313:20 347:8 353:25 359:18 402:18 524:9 everybody's 305:20 557:10 evidence 298:8 305:25 311:9 348:2 352:7 353:6 353:10,13,24 354:15 355:15,18 356:16 384:8 429:6 440:12 evolved 477:4 exact 306:12 327:2 exactly 368:20,23 378:16 403:12 477:10 487:5 519:22 520:12 examination 290:4,6,6,8 290:9 294:11 314:14 354:24 361:11 460:15 463:8 501:16 examined 294:10 463:7 502:11 examining 363:22 example 299:23 301:12 301:16 330:21 333:20 342:8 343:11 359:24 373:14 421:2 426:15 445:3 448:11 449:17 452:19 489:15 495:20 503:18 529:9,14 545:15 558:11 examples 465:1 excavate 329:11 excavated 395:19 exceed 328:18 472:4 exceeded 328:10 exceeds 328:15 excerpted 365:25 excess 334:22 exchange 295:16 540:8 540:10,11,12,14 exchanges 540:15 exclude 347:1 377:24 excluded 317:1 excuse 545:23 exercise 349:24 351:18 352:13 411:21 exhibit 290:18 297:2,6,7 297:11 432:1 470:19
471:10 exhibits 290:17 428:7,9 436:4 exist 447:8,13 existing 320:21 322:23 323:3 396:23 397:17,19 437:12 473:9 520:1 exists 497:4 exit 403:24 expand 393:8 417:18 expansion 393:13 expansive 463:25 expect 291:11 299:6 312:9 323:13 341:22 376:19 443:2 448:14 449:19 487:22 550:5 expected 408:15 expended 312:2 expensive 426:11 545:24 experience 320:5 345:23 345:24 403:23 479:6,19 491:22 517:3 experienced 372:14 expert 392:9 409:14 415:4 423:7 427:24 452:12,14 458:11 463:23 468:12,21 478:20 526:14 expertise 383:19 446:24 451:7 453:24 468:7 469:14 expires 560:18 explain 315:2 322:2 487:10 491:14 explained 402:6 explosion 400:20 545:5 exposed 527:1 exposure 337:25 338:4 526:24 542:9 express 411:19 529:12 expressed 412:25 413:12 450:5 500:7,15 523:11 extend 299:12 314:11 401:11 480:18 extended 322:23 558:13 extending 405:24 extends 399:23 extensive 320:5 456:13 extensively 493:7 extent 336:13 365:5,24 398:7,19 400:3 402:21
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422:5 424:4 426:3 428:13,18 446:4 447:15 460:14 463:2 465:7 478:11,12 483:1,2,3,15 484:9 487:9,18 494:13 497:5 499:5 502:6 513:14 515:5 517:5,23 518:20 521:15,25 525:1 527:16 530:4 533:19 536:1 538:15,16 540:9 540:22 543:24 545:4 547:20 549:17 550:13 550:20 554:5 556:4,21 558:9,24,25 Goad 288:17 292:9 296:16,17 297:13 298:12,14 301:22 303:11,23 306:5 307:25 309:5 498:14,15 499:1 500:1,14 501:17,19 502:2 505:23 506:4 508:14 513:13 514:21 517:12,14,19 goes 331:17 335:2 386:17 476:20 503:18 504:4 512:11 521:2 528:5,20 533:4 546:24 551:4 going 292:25 293:7 297:2 299:18 300:11 305:3,11 305:17 308:12 309:17 314:10,11,19 317:10 322:15 323:17 334:9 339:18 342:10 346:24 346:25 347:10 349:23 350:17 352:19 354:11 355:9 356:4 358:7,17 360:11,19 362:18 369:8 369:18,21,25 370:6 373:1,24 374:17 375:11 375:19 377:5,6 379:9,21 380:10 381:14 383:22 383:24 384:11 389:12 392:10 402:10,11 407:11,12 414:13 416:4 416:5 417:13 418:4,22 420:10,11 421:25 422:15 425:15 426:9 428:2 429:14 433:4,24 436:19 443:16 444:7 447:3 448:23 449:5,12 449:17 452:3 459:13,18
460:14 462:21 463:21 464:21 465:7 466:12 471:25 473:19 475:22 478:22,24 481:19 485:23,23 486:6 490:14 496:1,4,11 498:23 499:2 499:10,14,24 504:20 509:1,5 512:18 518:2 519:3 522:11 524:6,8,10 524:11,11,23 525:10 526:4,11,12 527:6,9 531:4,5,7 532:3,12,14 533:8,18 534:21,22 535:14 536:12 537:4,8,8 537:13 538:2 539:8,9,10 539:10,17,21,22,25 540:1,2,3 541:1,4,11 547:16,17 548:14,15 549:8,25 550:15 551:7 555:4,12 556:6,10,19 557:21 558:6,7,9 good 294:13,14 298:7 303:21 310:25 312:1 316:20 323:14,18 324:22 325:4,12 352:9 354:16 357:7 358:3 361:13 372:4 375:4 411:7 413:15 417:11 420:14 430:6 449:16 453:3 462:7 468:24 479:17,23 480:6 493:5 503:10 508:8 519:13 525:10,22,22 526:16 531:24 540:17 545:14 553:3 556:10 557:12 gorilla 547:7 gosh 544:4 gotten 360:15 428:9 528:1 government 380:17 429:11 466:24 467:4,6 467:20 550:17 governmental 433:1 grade 321:23 322:3,6,7 gradual 322:11 325:22 gradually 407:3 graduate 465:2,4 gram 473:18,23 474:10 491:20 Grand 400:2 427:14 430:11 463:11 554:24
granted 547:21 548:14 grants 556:6,17 graph 484:5 grass 487:15,20 grasses 406:10 407:9 grassland 405:22 407:4 410:9,11 411:13 412:18 465:6 grasslands 407:6,8 408:6 408:8,13,16 grassland-type 410:13 grave 540:22 gravel 447:21 gravity 334:24 grayish-green 431:11 graze 412:14 grazing 316:19 412:15 Great 465:23 558:3 greater 529:3 greatest 436:9 Greetings 502:14 grew 546:15 Grossman 289:2 290:10 290:12,13 313:14 314:6 354:9,10 367:25 368:16 370:19,21 371:4 372:4 372:10 407:24 459:20 459:22,25 460:6 469:2 469:12,23 474:24,25 476:1 477:3,24 478:9,14 481:16 482:5,11 484:15 484:24 486:1,7,11 490:18,21,22 493:1 500:15 502:4,5,13 505:23 506:5,9,11 507:24 515:2,8 516:2 Grossman's 474:13 500:13 ground 410:22 411:23 429:20 431:11 432:9 471:4 473:4,8 488:2 494:16 522:5 grounds 376:14,21 groundwater 320:24 327:20 328:17 329:24 330:19 331:2,4,7 332:15 333:2 335:22 336:12 337:4,5 383:4 384:6 557:16 group 287:1 306:16 313:8 480:15 488:22
grouse 318:22 319:8 376:3,5,7,13 377:6,8 396:2,5,7,8 404:19 435:14,15 436:6,9,15,25 437:13 438:6,18 439:7 439:15 440:11,20 grow 327:13 556:2,21 growing 555:8 556:7 guarantee 549:1 Guardians 434:13 guess 291:9 297:17 301:17 327:12 349:18 354:1 363:14 386:7 391:13 397:13 398:1 407:23 409:7 410:5,15 410:19 412:16 420:6 422:5 431:7 444:8 445:21 463:14 477:7 499:15 504:17 523:13 544:8 guessed 346:16 guessing 321:19 369:24 379:7 387:15 465:14 guesstimating 520:10 guest 309:11 guidance 299:23,24,24 301:7,16 391:12 guidelines 391:13 guilt 529:19 gun 541:2 Gunnison 318:22 319:8 396:5,8 433:13,14,19 435:6,14,15 436:6,8,14 436:25 438:5,18 gutters 549:17 guy 476:1 guys 407:25 558:10 H H 288:12 habitat 315:9,21 375:12 375:14 377:7 378:3,8,17 398:15 405:4,19,20,22 405:23 406:2,18 407:6 410:7,21,23 427:8 435:3 435:4 436:11,15,17,18 436:21,24 437:3,5,8,8 437:12,15,25 446:5,9 448:8 449:5,19 habitats 343:14 405:23 433:15 441:2
hacked 539:4,5,5 hairdrier 548:2 half 380:1,24 397:8 406:2 542:16 547:14 halfway 402:15 half-life 535:25 Hamburger 527:17 hammer 367:7 Hancock 514:16,16 517:9 hand 298:7 501:5 533:9 551:20 handed 357:6 handful 538:23 handing 387:12 handle 292:23 354:6 356:7 425:13 550:8 handled 350:11 362:22 handling 347:21 hands 519:15 552:3 558:9 Hanford 544:18 545:10 hanging 354:4 happen 404:1 419:4 424:7 426:5,18,20 451:24,25 490:2 527:4 532:24 537:9 542:22 547:19 550:6 happened 310:12 341:24 354:4 387:22 507:1 happening 308:5 403:8 424:4 happens 303:25 339:4 375:10 411:24 548:25 happenstance 467:18 happier 457:15,16 happy 443:6 507:6 hard 338:14 351:9 357:5 357:11 407:23 431:8 454:8 520:11 521:6 hardass 551:3 harder 418:22 harm 529:22 harmful 529:23 hat 312:17 533:9 haul 539:20 hauler 534:13 539:22 haulers 534:18,19 539:10 539:11,16 hauling 541:5 hay 554:12
hazardous 306:17 328:17 339:18 426:15 hazing 455:16 HDPE 333:16 head 328:4 350:21 476:2 484:4 514:16 548:6 headed 362:20 heads 354:4 health 288:19 310:2 464:5 467:14 468:6,13 501:14,21 520:3 522:8 523:7 550:19 553:22 healthy 523:23 556:1 heap 421:14 hear 314:1 339:20 358:15 373:5 455:4,24 514:6 527:19 heard 339:24 344:3 416:19,20 457:19 476:3 524:13 526:13 535:19 hearing 287:3,18 291:3 292:2,8 293:4,22 294:1 294:4,6 296:18,21,25 297:4,8,13 298:16 299:6 299:12,16,18 300:14 301:2,5,9 303:5,13,14 303:16,22 304:10,23 305:14 306:3 307:5 308:7,13,15 309:1,9,21 309:24,25 310:1,4,6,8 310:15 311:7,8,14,19 312:4,21 313:18 314:9 344:1 345:21 346:7,12 346:19 347:7,24 349:20 350:13,18,24 351:6,10 354:20 355:2,20 356:9 356:21 357:8,11,17,24 358:9,17,24 359:6,12,15 359:22 360:18,23 361:5 362:10,14 363:22 364:3 367:10,15 370:5,16,20 374:13,21,24 376:10 384:4,13 387:9 389:21 401:8 402:12,16 407:15 411:18 412:1,6 413:16 413:21,24 414:6,23 415:2,19,25 416:8 428:20,25 429:9 431:5 431:17 442:7 444:17 459:6,11,15,19,23 460:4 460:8,13 463:1 468:15
468:19,23,25 469:22,25 476:25 478:8 481:13 484:13,22 486:3,9 495:2 498:9,12,14,16,20 499:18,23 500:11,16,20 500:24 501:2,3,7,10,15 501:22 502:3,7 507:25 508:4,12 513:9,17 514:5 515:4 516:3 517:12,15 517:20 518:8 519:6,11 519:14,17,25 520:5 523:9 524:3 525:4,7 526:2,7 551:19 552:1,5 557:1 559:6 hearings 520:5 524:22 541:24 heavily 494:20 heavy 530:5 height 483:4 486:17 487:10,11 490:24 491:1 491:2,7 held 348:11 Hello 516:7 help 296:3 300:1,25 302:2 339:7 387:5 394:23 399:14 451:23 454:22 458:2 465:21,22 497:8 506:10 527:11 551:6 556:2 helped 293:5 295:9 297:21 470:21 511:15 helpful 327:14 513:3 helping 383:16 507:15 hemp 556:13,13,14,19 Heritage 431:14 hesitate 307:17 Hey 451:22 hibernation 398:10 hide 346:22 high 322:10 323:16,17 380:8 381:11 425:7 450:7 higher 323:12 330:20 437:2 460:3 486:15 488:5 528:15,18 539:3 highest 490:24 491:3 532:13 highlighted 439:2 highly 298:15 311:25 400:23 404:5 484:10 512:25 513:24
highway 529:7 544:4 highways 534:16 high-flow 382:4 high-quality 507:18 HILL 347:19 355:11 361:15 366:6 370:17 374:3 496:20 hills 525:18 HILL's 366:10 hire 320:1 453:14 hired 319:24 427:14 453:14 503:2 historic 324:23 338:20 historically 411:4 542:15 549:21 hoards 361:6 hold 306:12 379:17 455:22 484:13 504:17 holding 513:9 holes 325:8 home 463:17 471:7 homes 398:1 honest 383:15 386:21 391:21 395:1 421:9 423:7 426:6 506:19 honeybees 555:20 Honeywood 323:11 honor 292:10 298:14,17 299:3 301:22 302:1 304:9 305:5 306:5 308:3 309:5,13 310:7 313:14 329:6 345:18 349:18 351:8 357:15,22 362:3,8 367:13 383:21 385:10 387:7 389:12 399:8 415:11,15 416:7 441:25 459:4 468:12 485:20 494:24 498:8 505:25 506:4 513:13 515:2 518:4 526:13,19 HONORABLE 287:18 hookless 427:2,8,9 428:5 428:19 429:16 431:22 431:23 432:4 hope 298:2 308:7 362:19 393:12 402:19 558:21 hopefully 293:15 332:21 360:10 476:21 536:8 hoping 510:9 horizontal 324:1 horse 320:20
horses 554:13,13 555:21 hose 530:7 hour 291:12 298:25 413:18,22 476:12,13,14 477:18 481:6,11 482:19 483:24 488:16 503:21 533:22 hourly 476:6 477:2,9 481:1,12 482:6,9 516:15 hours 477:10,14,14 478:4 481:9 492:19,24 547:2 huge 298:24 334:21 452:1 483:16 534:3 human 458:8 humanity 533:15 545:17 humbling 552:10 Humidity 485:11,16 hundreds 321:7 350:1 351:19,21 537:25 538:19 hydraulic 328:4 hypothetical 461:4 I Idaho 486:24,24 idea 315:18 316:15 371:4 376:23 378:22 420:14 426:9 478:25 499:9 537:11,13 540:17 547:3 547:5 ideal 510:15 ideas 552:13 identical 321:13 345:3 identification 319:3 identified 317:19 318:25 319:2,8 409:23 410:24 433:16 identify 317:22 430:17 448:7 III 287:3 illnesses 527:21,22 imagine 376:24 389:10 401:11 421:21 447:12 488:17 immediate 317:20 337:24 385:17 404:16 impact 295:5 318:24 319:15,19 320:7 391:24 392:3,5 396:11,15 398:20 399:10,16,21 400:16,21 420:11 435:4
437:7 438:4 450:10 461:7,10 491:17 494:21 495:7 534:18 impacted 456:18 impacts 323:5 331:7 365:16,23 394:9,11,17 394:18 395:3,5,6,9 396:1,2 398:8 400:17,22 402:3 420:15 451:19 454:11 479:8 important 368:10 410:20 421:5,8 495:17,25 496:3 522:23 523:5,5 importantly 489:19 impose 298:24 impossibility 307:19 impossible 305:21 impoundment 325:6 327:8,22 338:11,20,25 521:11 impoundments 321:21 326:21 333:10 456:2,3 520:24 impractical 454:4 impression 406:16 improve 378:15 improved 391:11 improvement 315:10 324:11 333:23 375:12 375:15 377:7 378:4,9 436:18 improvements 316:2 inadequate 522:13 incapable 451:10 inch 418:14 536:19 inches 324:18 403:12 418:13 474:11 535:15 incidence 423:5 inclination 517:23 include 330:7 414:21 436:4 469:10 included 337:18,19 including 352:5 393:20 475:8 500:3 546:20 inclusive 414:24 incorporated 324:17,19 329:8 526:10 incorporates 329:24 increase 316:16 342:1 increased 324:13 340:16 340:18
increasing 336:4 increments 503:22 incurring 312:7 independent 465:21 INDEX 290:1 indicate 408:21 444:14 475:18 indicated 330:5 357:22 476:3 500:2 indicates 314:18 indication 444:16 individual 418:6 individually 488:23,24 545:18 individuals 304:1 429:17 industrial 388:16,20 556:13 industry 373:8 549:11 infiltration 324:25 influence 485:16 inform 413:9 informal 343:21 374:10 469:7 informally 369:16 information 311:16 313:10 326:10,16 345:17 362:17 363:19 366:4 368:4 370:10 371:17 372:5 397:1 408:13 413:2 416:17 420:7 430:2 431:24 432:7,25 433:1,22,25 434:16 438:20 444:10 491:16 510:24 514:19 518:18 521:2,4 552:9,12 informed 408:18 478:23 infrastructure 548:1,4 548:12 ingest 450:20 inhabit 433:15 inhabiting 408:15 initial 310:18 337:25 481:18 509:21 initially 417:18 initiated 309:15 inject 383:8 input 306:14 466:8 475:24 476:5,20 482:20 482:20 488:17 497:11 505:10 520:13
inputs 488:7,8,10,11 inquire 408:21 inquiry 414:25 ins 357:19 insects 421:24 422:5 inside 333:18 375:18 403:17 419:2 481:21 527:19 547:3 inspecting 435:9 inspections 403:19 503:25 instances 321:24,25 494:5 instantly 531:4 instigator 537:11 instrumentation 507:18 510:5 insurance 549:3 insure 549:3 integral 481:8 integrates 481:5 482:1 integration 539:14 intend 385:16 500:1 557:4 intends 356:11 intensive 427:7,22 430:3 432:21 intent 378:10 444:13,16 516:16 interact 332:11 interaction 311:12 475:17 intercepted 383:4 interest 287:17 289:3 313:9 341:11 368:9 475:18 500:6,15 553:7 interested 291:22 308:11 368:19,22 370:13,23 371:6 513:11 560:14 interesting 309:22 314:12 371:24 487:4 504:16 515:1 interests 339:23 interfere 377:20 interim 339:13 intermittent-type 377:16 internally 495:10 international 326:23 327:1 532:13 Internet 547:20
interpret 392:12 interpretation 458:16 469:14 490:4 interval 477:1 481:23 interview 462:15 interviewed 461:20 intrigued 467:15 introduce 428:11 508:15 550:14 introduction 501:18 inversions 510:18 investigation 442:16 investors 540:14 invite 361:6 invited 309:12 453:17 inviting 555:10 invoices 296:19 involve 415:5 involved 303:7 364:21 365:1,3 372:24 373:7 391:8 450:7 470:6 472:12 485:11 504:6,13 529:23 involvement 302:11 320:3 342:24 505:21 507:11 509:9 516:24 involves 464:18,20 503:4 in-camera 346:9 347:8 413:17 416:9 in-house 533:8 in-situ 373:1 in-stream 382:24 383:12 Iran 532:22 Iraq 541:1 ironic 538:22 544:17 ironically 453:11 irrigation 538:22 isolated 448:12 isotope 535:24 issue 293:19,21 310:14 327:18 329:15 339:2 344:12 347:10 363:7 381:16 384:2,5 452:1 454:5 455:18,23,25 457:1,19 521:19,22 523:1,5 530:23 532:11 533:12 537:16 538:18 539:4 issued 302:13 341:16,22 342:24 504:15 517:6 522:25
issues 298:18 299:1 312:5 346:10 364:2 365:7 373:20 375:7 381:15 383:17,19 384:7 452:6,13 454:25 455:18 522:14 526:21 531:13 531:23 533:25 534:24 557:3 item 414:15,15,18 529:24 542:11 items 295:24 526:12 546:11,20 551:11 iterative 310:17 i.e 313:7 J J 294:3 jackrabbits 376:2 JAG 287:2 jam 292:6 James 288:9 January 309:17 344:10 Japan 547:12 549:17 Japanese 549:16,22 551:12 jaws 554:18 JEFFREY 288:5 Jerry 288:17 498:24 501:19 job 430:20 503:4 539:19 545:14 554:4 557:7 jobs 524:6,12,13 525:11 525:20 528:25 538:24 539:4,6 540:5 550:12,16 550:17 551:5 552:15,15 552:19 554:4 555:2,5,14 556:3,6,24 557:18,24 558:4 joining 405:21 Journal 548:7 journals 301:14 465:13 Juan 400:1 judge 357:6 358:15 359:11 402:9 413:14 470:13 523:12 553:2 judgments 493:15 JUDICIAL 287:1 July 407:13 462:10,13 528:9 529:10 534:8 July-ish 462:6 jump 375:8
Junction 427:15 430:11 463:11 554:24 June 529:18 juniper 411:24 junk 496:11 K Kansas 464:4 keep 294:17 301:3 304:16 304:17 318:20 321:5 331:18,19 338:13,21 339:6,7 357:23 363:11 369:10 375:8 398:11 402:11,20 422:15 450:6 454:21 456:7 484:18 530:17 531:2,3 keeping 368:19 522:18 keeps 328:4 kept 301:21 335:17 353:10 363:23 key 326:18 kids 381:12 552:18,18 553:8 555:5 kill 426:4 kilometers 472:22,23 480:8,23 kilowatt 548:1,11,17,19 kind 304:18 307:8 309:22 312:11 317:12 323:6 324:24 329:14 356:12 373:10 378:17 382:14 382:19 398:24 399:15 407:23 422:9,23 431:8 453:9 469:4 504:3 506:15 509:21 512:25 518:20 521:7 524:18 527:15,22 529:16 531:13 538:24 541:22 545:8 546:2,15 547:7 551:3,22 553:5 555:2,4 kinds 295:20 298:11 305:2 372:14 465:19 485:6 487:11 521:25 kitchen 553:10 Kleinfelder 405:7 408:8 408:24 409:2 411:8 427:18 432:12 knew 303:3 475:21 knock 547:9 know 296:13 300:6 302:24 303:14,24
304:18,19 305:9 307:25 310:10 311:7,13,15,17 312:6 313:4,10 316:1,20 317:25 323:14,15 328:13 335:16 350:5,19 350:21 351:13 352:18 352:25 353:9,25 354:2 356:3,14 359:2,19 360:21 363:14 364:20 365:1,8 366:16 367:6,18 376:16,17 377:2,21,23 378:19 380:15 386:19 386:20 387:4,23 389:8 390:15 391:8,11,19 393:5 394:19,19 396:18 396:21,24 398:10 399:1 399:2,3 401:12,12,22 402:2,9 403:13 411:10 412:12,22 415:1 417:1 419:8,9,20 420:17,20,22 420:22,23 422:3,17,18 422:22 423:1,6,25 425:3 425:5,10,13 426:6 427:16 428:14,23 430:14,20 433:4 434:19 434:20 435:2,25 436:13 437:10,24 439:24 440:9 440:13 441:19 443:12 443:13,14 445:9,25,25 446:1,14,23 449:14,15 449:22 450:4,16 452:2,9 453:17,18 454:5,7,10,18 454:25 455:6 456:18 457:7 463:2 475:23 477:10 479:25 480:25 480:25 481:3 483:7,9 484:18 485:13 486:16 488:3 490:10,22 493:17 495:8,19 496:4 497:15 497:16 500:4,16 501:22 504:11 505:21 506:18 507:11 508:11 511:19 512:4,12 513:5,5 514:8 514:9,13,17 515:24 516:18 517:7 519:9 523:3 526:12 527:5,12 527:16 528:13 529:12 529:13 530:3,24 531:14 531:18 532:1,4 533:14 533:17,20 534:15,23 535:1,17 537:5,7,23
538:1 540:15,17 541:19 541:21,25 543:4 544:10 546:3,14,23 547:25 548:5 549:14,19,21 550:1,9,17,22 551:11 552:9,12,21 553:4,6,7 553:13,21 556:1,6,7 557:7,9,15,23 knowing 354:11 434:17 443:18 444:6 445:3 452:10 knowledge 385:25 517:2 529:21 known 485:19 556:16 knows 354:6 357:19 442:1 452:15 513:18 524:9 541:6 559:3 Korea 532:19 L labeled 348:23 399:15 442:6 labor 518:15 laboratories 467:12 laboratory 326:14 331:14 467:2,18 475:13,14 492:1 495:9 lack 449:1 458:8 laid 356:19 lake 447:21 lakes 447:22,22 Lakewood 288:14 land 316:12 319:11 386:9 386:13,16,17 404:15 456:4,9,11 460:22 474:1 474:2 534:11 535:13,15 556:8,15 landing 455:19 456:7 458:19 landowner 408:10,21 lands 480:17 534:10,11 landscape 395:20 land-managing 317:16 lane 544:3 lanes 534:17 language 321:16 497:5 laptop 483:14 large 292:15 322:20 421:16 438:4 440:17 477:25 497:14 larger 334:6 352:2 399:22
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ourself 523:12 outcome 498:2 outcrops 381:6,9 Outline 428:4 output 466:7,10 475:24 481:12 482:11,20 489:10 outs 357:19 outside 306:10 308:5 333:19 335:9 367:25 389:16 400:17,21 401:19,21 465:3 467:20 514:20 outstanding 345:25 oval 398:24 399:15 overall 409:3 469:6 506:22 overburden 395:15 overdo 453:20 overly 306:7 overlying 414:3 overwhelming 304:7 owe 555:21 owner 465:17 ozone 314:2 P P 291:1 packages 503:7 pads 329:1 333:11 521:13 page 290:3 361:21,25 362:3,6,16,18 363:15,20 400:5,8 405:6,18 423:17 427:12,22 429:14,25 432:19 436:12,23 438:17 446:14,15 447:18 528:9 529:9 pages 349:7,21 394:13 paid 539:21,22,24 painful 312:22 panel 547:25 548:14 panels 547:21,21 paper 292:24 530:16 549:2 papers 301:13 350:22 parade 297:19 Paradox 315:17 377:15 437:5,14 438:2,7 449:18 525:12 536:21 537:11 538:23 557:19 paragraph 408:4 429:15
429:16 paragraphs 451:5 522:16 parameter 488:3 510:13 parameters 475:24 476:5 476:20 511:20 521:18 parcel 405:4 408:11 Pardon 443:8 Pariette 431:23 Parks 316:7,9 378:25 379:1 Parsons 288:5 498:9,11 part 299:9 309:25 310:4,6 310:8,11 314:19 315:25 317:25 318:6 319:6 320:12 321:10,12 323:18 324:12 329:22 335:23 336:20 364:9 367:16 369:4 371:16 374:9 383:14 400:1,2 405:11 442:15 471:1 490:7 499:13 512:12 513:22 522:10 552:20 partial 296:20,23 Participants 519:16 552:4 participated 416:19 particular 307:11 313:7 361:25 362:16 458:4 468:7 533:4 542:11 particularly 297:9 499:16 506:20 521:20 522:11 particulate 505:3 particulates 521:14 522:4 parties 287:16 291:22 292:17 313:8 346:25 414:14 501:24 503:5 560:13 parts 292:5 314:20 365:14 366:11 369:19 470:16 471:8 553:13 party 289:3 304:5 305:19 308:11 342:18 347:9,10 368:1,17 444:13 453:9 508:19 520:7 529:20,21 529:22 558:23 pass 534:19 557:18 558:20 passing 373:6 389:14 529:7 534:16
patch 462:23 patience 508:10 514:25 patient 454:20 patriotic 550:11 pattern 322:25 pay 318:1 527:23,25 539:17 540:6 542:23 544:7 548:5 550:18 payment 318:13 PDF 293:7,16 PE 366:8 pending 513:16 penetrate 536:4 penetration 333:5 pennies 542:18,21 penniless 543:19 people 302:19 306:10,12 306:16 307:6,8 308:2 313:15,16 339:23 356:5 363:11 367:21 379:7 416:15,19,20 425:3 435:8 465:20 487:20 500:3,17 506:13 508:1 514:14 518:1,15,19,22 519:7 523:18,22 524:15 527:20,21 528:1 534:25 538:25 541:14 552:14 553:5 554:16 555:11,16 557:24 559:2 percent 322:6 338:25 340:18 390:7,7 488:14 531:15 547:23 perennial 377:16 perfect 430:15 558:11 performed 427:9,23 506:16 period 298:6 307:3 311:5 324:15 328:21 379:14 379:18 419:16 432:16 447:9 482:10 529:13 547:23 periodic 335:23 337:1 permanent 336:19 436:9 permanently 335:3 permission 366:10 permit 372:1 497:7 504:14,17,18 505:17,19 506:6,7,20,22,22 507:2 507:2,8,10,21 512:5,6 512:11 513:6,8,11,15 516:11,21 517:4,5
permits 345:24 497:19 513:21 516:17 517:8 524:24 permitted 396:24 permitting 371:20 372:1 373:15,21 447:3 511:22 514:11,16 perpetuity 337:2 person 302:16 303:2,6 385:25 393:10 435:25 500:12 526:8 551:21 552:8 personal 296:1 439:5 personally 354:14 personnel 337:23 439:5 persuasive 313:24,25 pertains 492:12 Peterson 552:2,7 Phil 475:20 509:13,15 511:8,14 phone 314:1 356:5 425:3 500:8,10,12 506:3 photographs 443:19 phrase 495:3 physical 495:24 497:10 physicist 468:6 physics 464:5 468:13 478:21,22 Ph.D 289:2 464:6 pick 481:18 518:1,21 525:16 532:3 picked 410:2 picocurie 491:20 picocuries 473:15,25 474:3,9,10 picogram 474:1 picograms 474:3 picture 441:13 442:1,6,12 443:4,5 444:1 445:11 490:3 pictures 442:4 444:20 piece 295:15 352:2 354:14 526:4 551:17 pieces 438:1 pile 305:9 395:15 530:22 531:8,11 535:21 543:25 piles 488:20 497:17 531:10 piling 537:2 pilings 395:14 pilot 547:5
Pinon 287:6 319:10 344:5 421:20 430:7 444:25 460:17 466:13 470:4 475:5 493:19 497:8 501:22 503:5,19 505:12 508:22 pinyon-juniper 405:20 437:1,12 pipe 334:9 pipes 333:13,14,16,18,25 334:2,4,6,7 piping 447:16 448:2 449:6,12 pit 395:18 537:19 pitch 555:2 pits 537:14,18 place 319:14 329:12 335:18 337:6,7 338:3,18 340:15,25 341:20 346:22 357:23 383:6 384:23 386:11 398:15 425:16 434:25 479:20 479:21,22 521:8 525:21 544:15 554:16 560:8 placement 321:23 places 301:12,18 455:9 475:10 placing 326:7 plan 302:9 315:1,9,10 317:6,7,8 324:9 330:6 337:6 344:4 369:23 375:12,15 378:4 379:3 382:15 403:19 425:11 434:4 436:18 452:7 509:1,6 planet 533:4 544:19 558:16 planetary 489:25 490:6 planned 322:3 323:1 planning 353:21 437:16 507:19 plans 338:6 365:25 366:1 366:7 522:7 plant 479:10,13,13,18 493:16 494:19 495:16 534:5 planted 554:20 plants 344:8 431:9 467:24 479:7 plastic 452:20,22 536:18 play 312:19 381:12
played 337:25 playing 380:10 527:18 please 313:5,12 315:2 337:11 340:3 387:25 408:9 451:1 464:1 478:12 484:20 496:25 508:15 plover 447:16 448:2 449:7,12 plow 478:18 Plumber 519:9 plume 488:2 Plumlee 519:10,10,11 525:4,5,6,8 plus 357:5 542:24 plutonium 465:5,9 543:3 543:3 PM10 509:2,23 pocket 455:23 point 310:15 328:20 331:25 332:19,23 336:18 340:18,23 341:4 342:6 344:18 353:9 371:14 380:3 382:21 383:22,25 384:14 390:5 392:4 394:22 398:2,12 399:23 404:14,21 409:13 412:16 416:5,22 418:15 425:22 431:20 432:4,11 443:14,24 448:1 452:7,8 457:9,21 458:24 462:16 466:10 472:16,18 477:21,24 479:1 482:3 488:4,5 498:22 500:14 526:22 527:15 532:7 533:6 541:15 542:8 pointed 381:5 pointing 411:7 points 472:20,25 473:2,7 488:19,19,20 497:19 point-of-compliance 330:15 poking 427:25 policy 304:18 polluted 544:19 557:16 polluting 558:4 pollution 501:12 504:9 512:15,24 513:21 517:3 525:3 pond 334:24 339:11
417:20,23,24 441:8,15 441:15,22 442:12 443:15 444:8,15 445:1 445:11,19 446:7,16 448:12 455:15 543:16 543:25 ponded 455:20 ponds 321:3 328:1 329:1 333:11 334:6,20,23 338:20 417:13,15 418:7 442:14,15 443:1,21,25 444:14,20 447:5,8 448:22 456:1 471:5 488:21 pool 318:7 338:23 450:17 poor 557:20 population 336:2 433:23 434:10 440:9 portion 293:2 319:18 327:16 405:21,24 406:1 434:10 436:17 470:21 472:11 portions 295:10 322:24 355:6 356:11,18 363:18 369:2 portrayed 446:5 pose 303:5 position 299:20 364:1 possession 297:14 354:5 possibility 333:23 390:4 404:3 410:5,15 421:24 possible 313:15,19 434:22,24 439:6 449:8 502:17 542:1 555:24 possibly 378:12 389:11 448:21 450:5 543:17 555:22 post 368:4 postdate 306:24 posted 336:20 340:20,24 368:20 post-application 302:8 post-findings 308:18 post-hearing 299:10 potential 325:18 332:4 369:5 427:7 435:3 437:8 454:11 471:17 493:20 528:13 530:12 539:2 546:16 potentially 403:15,22 406:7 412:4 422:10
437:4 529:1 530:21 532:17 537:21 538:1,21 539:3 541:6 546:17 547:13 551:6 pound 426:10 554:23 pounds 426:8 pour 550:1 power 467:24 479:7,9,13 479:13,18 547:22,24 548:22 powerful 534:20 practical 352:1 354:14 practice 326:8 369:17 412:13 practicing 313:23 prairie 403:4,14,16,22 404:11 433:13,15,19 434:22 435:6 precautions 325:5 precipitant 345:2 precipitate 345:1 precipitation 324:7 334:11,14,25 335:5,14 preclude 315:20 377:22 precluded 510:11 preconstruction 507:4 predecessors 398:16 predicated 424:3 predicts 534:9 predominantly 322:5 preen 450:20 preferably 380:20 premature 311:22 preparation 296:3 297:12 306:24 365:3 415:5 prepare 295:12,19,20 297:21 470:21 497:3 prepared 295:20 355:15 364:24 428:3 470:9 494:2 496:20 preparing 295:11,22 306:8 312:9 496:17,17 497:2 presence 458:7,8 present 291:20 362:18 405:2 409:11 410:18 427:8 preserve 386:11 president 387:2 press 554:19
presumably 459:12 506:6 presumptively 303:6 pretend 377:3 pretty 302:14 321:16 327:6 335:7 336:2 338:21,22 339:9 346:4 356:7 357:20 395:16 425:25 426:1,11 451:13 499:14 503:3 506:14 508:23 511:11 524:1 530:5,18 536:13 543:18 543:20 prevalent 535:24 prevent 329:3 403:8 425:15 prevented 327:22 previous 541:24 556:5 price 393:18,20 542:22 prices 524:9 primarily 327:20 primary 306:18 328:1 338:13 370:14 547:10 prime 321:22 print 313:5 518:12 prior 326:7 336:25 340:11,16,19,24 432:3 509:4 pristine 554:11 555:1 private 319:11 460:22 503:5 525:9 534:11 548:6 549:4 privately 358:1 privilege 305:6 351:7 358:11 359:17 362:23 414:7,13,16 415:8,18,20 415:21 privileged 348:19 351:2 358:4 360:16 363:1 414:2,15,15,18 416:4,6 probabilities 422:24 424:11 probability 440:10 probable 327:3 334:14 334:25 413:8 probably 291:18 293:9 310:17 321:17 330:10 331:3 344:18 350:1 362:16 366:24 367:6 370:17 372:8 376:25 377:12 387:14 389:4
390:12 394:24 400:13 403:18 406:16 408:22 411:3 413:13 416:23 426:1 439:18 440:24 449:14 453:1 455:12 458:16 465:13 480:20 483:18 484:9 493:12 512:22 514:17 535:19 543:11 552:11 problem 322:11 352:10 353:12 354:13 355:21 383:16 455:6,20 456:22 457:9,13 499:19 513:19 528:1 530:9 532:24 534:22 536:4 539:1 548:24 558:19 problems 326:1 349:11 349:12 455:9 508:12 547:11 550:4 procedural 360:16 procedure 354:12 procedures 338:3 357:23 408:12 proceed 294:23 346:13 374:25 478:9 proceeding 309:6,20 346:21 368:7 373:11 proceedings 374:4 490:17 513:25 559:8 560:7 process 306:25 310:10 312:12 315:8 341:1 343:21,23 344:7 347:4 351:17 365:12,21 366:2 370:8 371:24 373:21 374:9 385:14,16 390:20 393:3,6 419:16,22 420:10 447:4 462:16 512:21 538:16 540:23 processed 392:24 processes 506:24 processing 326:18 329:2 333:14 364:19 504:5 produce 295:9 297:22 307:8 556:3 produced 298:9 348:3,20 producing 444:13 556:14 product 415:20,21 533:1 533:7 545:13 553:22 production 311:11 348:16 349:10,16 350:6
357:4 382:10 386:14 443:9 549:20 productivity 316:17 products 466:5 professional 299:24 301:13 411:10 professionals 409:4 411:10 proffer 348:10 353:6 355:19 357:25 369:10 463:23 profile 487:12,17 profitable 393:15,18 profits 546:6 program 326:14 330:2 336:12 342:20 386:11 431:14 506:2,3 507:13 509:11 510:4 522:3 528:8 534:7 Programmatic 528:8 534:8 programs 329:25 507:6 project 288:5 298:20 301:17 302:23 303:7 304:19,22 353:1 367:20 372:20 392:1 421:2,13 421:16,19 453:13,13 503:6 511:13 projector 407:12 projects 315:13 390:23 465:19,20,22 proliferation 532:18 prolific 336:3 promote 327:9 promotes 324:24 proof 305:10 311:16 proper 550:3 properly 430:16 properties 380:1,24 432:1 property 330:16 406:17 461:19,23 proportion 388:17 proposal 371:2 378:20 proposals 373:1 509:19 propose 344:15,17 347:20 348:6 proposed 315:5 328:15 329:21 330:2,8 331:11 331:13 339:8 344:6,13 385:3 392:17 454:2
460:21 521:8 543:14 proposing 347:14 455:14 proposition 370:7 protect 318:2 523:7,19 protected 303:19 340:21 341:5 369:11 protecting 323:15 protection 323:6 329:25 330:19,23 331:3 388:24 protective 354:2 368:13 protein 527:7 protocols 503:10 proud 346:4 prove 336:15 provide 323:7 364:22 366:3 377:13 412:13 431:15 444:20 494:12 550:16 555:4,9,15 provided 292:18 302:9 326:17 341:10 350:8 357:5 361:16,17 364:10 364:14 366:8 397:1 407:19 413:1,5 428:15 441:12 442:10 444:19 493:7 496:19 510:24 provides 339:1 342:15 343:7 345:13,16 providing 458:2 proximity 466:4 prudent 393:9 psychedelic 556:13 public 287:23 288:19 290:15 293:10 301:19 304:14,15 308:11 313:2 338:5 342:21 353:1 361:6 363:8,12,23 368:5 368:8,11 416:14 466:3 470:10 471:13,17,20 472:4 493:21 501:14 517:22 518:10,11 519:2 519:24 520:3,6,12 522:8 522:24 523:6,7,14 526:15 529:22 560:6 publicly 373:19 published 465:9 496:23 publishing 464:24 puddles 456:16 pull 411:23 pulled 554:9 pulling 450:12 pump 541:22,23
pumping 536:24 purchaser 548:13 purely 507:7 540:15 purpose 297:20 519:24 539:3 purposes 356:15 pursuant 287:16 385:12 390:1 purview 540:10 push 339:10 pushing 416:23 put 292:5 295:14 300:24 313:12 322:22 345:5 346:5 360:7 363:7 364:17 373:4 380:12 382:15 385:21 388:24 390:2,9 403:7 404:4,8 405:3 406:4 407:12 411:22 415:4 421:20 431:1 433:9 434:4,8 452:19 455:15 462:4 465:19 469:20 493:22 496:11 497:11 504:17 509:18 510:20 525:21 527:14 534:1 535:1,3,15 537:14,21 538:11,15 540:11 543:23 544:23 546:1 548:15 puts 486:25 putting 338:18 P-J 437:15 P-L-U-M-L-E-E 525:6 p.m 413:23 457:23 463:4 501:1 519:5 559:8 P.O 288:6 Q qualifications 502:19 quality 381:22 382:5 384:5,6 497:15 504:22 504:23 505:11 506:15 509:1 510:2 516:11 521:2 557:17,21 quantify 451:17 455:17 456:19 quantity 384:11 quarter 509:7 question 296:9 302:2 303:6 308:4 309:18,22 310:25 312:24 322:16 322:16 327:21 332:21
340:3 345:11 347:18 352:18 354:21 356:13 358:12 367:14 370:19 372:13 377:23 384:1 397:13 401:4 406:12,14 408:5 410:19 412:19 432:11,22 434:20 436:1 448:16 457:7,8 459:20 461:4 469:3 477:4 486:4 486:5 487:24 492:13 494:1 495:6 507:14,23 512:9 513:19 515:3,9 516:8 518:24 519:4,22 529:1 530:11 540:5 542:10 543:6 questioning 309:15 383:24 384:11,15 389:13 questions 291:8 294:15 299:19 311:2,20 314:24 345:19 347:11 359:1 361:14 364:1,4 374:10 375:6 389:20,22 430:18 439:19 447:1 459:21 460:2 462:19 463:22 474:19 478:25 485:24 490:19 493:4,6 498:10 501:25 508:2,11,20 513:3,14 514:24 515:5,5 516:4 517:10 quick 459:5 498:17 quicker 359:3 quickest 303:20 304:2 quickly 292:21 302:14 426:1 quit 524:3,22,23 quite 373:20 391:12 410:6 412:22 518:25 525:2 555:23 quote 328:16,21 546:21 553:9 quotes 451:4 quoting 321:21 R R 288:9 291:1 rabbit 336:2 rabbits 376:2 rack 548:15 radiation 331:17 336:5 339:12 342:20 426:21
470:9 471:13 506:20,21 507:2,3,5,10,13 509:11 511:9 513:8,22 516:19 516:21 radio 464:13 527:18,24 527:25 radioactive 287:6 331:11 379:22 380:1,24 381:11 384:2 389:17 425:22 464:15,16,17 501:23 521:14 523:21 526:24 527:2 radioactivity 380:5,8 381:2 425:23 468:8,13 radioecology 464:6,9,14 464:24 radiological 504:12 505:2 509:22 radionuclides 333:5,8 473:5,10 479:15,18 489:24 522:5 radium 345:2 473:15,16 473:17,18,23,24 474:1 479:16 491:20 492:3 radon 331:19 335:16,22 338:7,8 339:1,15 479:16 520:17,18,23 521:14 rainfall 322:17 raise 314:11 501:5 519:15 552:3 raised 312:5 369:5 384:6 457:1 551:20 552:17 raises 309:22 raising 553:8 ran 506:13 rancher 406:7,14 413:9 413:11 ranchers 412:13 ranches 523:25 ranching 553:17 range 315:24 317:1,9 322:8 rates 497:9 ratio 483:5,6 rational 312:12 rationale 526:25 raw 503:17 504:3 reach 369:25 370:1 385:7 444:7 472:7 reached 510:3 reactor 542:16 547:19
548:9,11 549:22 551:10 reactors 543:1 544:23 547:9 549:24 read 307:18 310:5 313:5 313:25 377:2 385:24 388:8,9,22 394:24 399:4 407:23 408:2 421:10 431:8 450:13 469:18 474:15 476:22 487:2 491:12 518:13 readily 299:25 reading 366:13 530:16 548:7 ready 312:4 352:7 498:22 reaffirmed 529:19 Reagan 550:25 reagent 373:22 real 322:11 323:16 366:13 441:22 455:18,23 487:17 reality 539:16 realize 414:5 539:7 really 299:22 300:3,10,10 304:15,21 318:20 319:1 327:10 344:11 357:18 376:17 396:18 420:22 421:11 422:15 425:4,23 432:8,11 434:19 435:25 441:22 445:3 449:6 454:5,9 455:20,25 456:18 457:8 459:5 476:1 477:25 496:12 505:2 510:8 512:7 524:3 530:12,24 531:7,9 533:2 534:20 539:19 540:4,5 540:10 541:25 542:5,7 542:11 543:7 544:11,13 545:14 546:16 550:8 551:16,17 552:14,20,22 552:25 553:16,24 554:15,16,19 557:6 558:21 realm 491:24 reapply 343:21 reason 313:22 368:24 370:17 381:20 385:7 453:23 455:14 457:18 536:2 541:1 543:10,11 544:15 reasonable 305:15 349:17 376:22,24
388:23 435:1 445:9 450:8 451:19 492:8 reasonably 337:13 338:8 480:15 reasons 381:16,21 449:16 458:3 rebar 550:2 recall 292:11 295:18 386:6 394:15 396:3,6,14 396:18 402:4,5,7 404:15 406:23 422:3 433:18 435:17 446:8,9,11 450:3 451:12 received 347:16 443:5,25 445:6 474:16 receptor 472:19,19,25 473:2,7 482:14 489:11 489:12 494:10 520:14 receptors 466:10 479:20 recess 347:6 413:23 463:4 501:1 519:5 reclaimed 341:13 525:16 532:4 reclamation 322:12 323:24 341:7,14 342:14 383:5 385:4 387:22 recognize 305:6 429:7 430:22 recollection 438:8,13,21 440:3 441:9 442:21 recommendation 337:22 430:5 recommendations 326:6 493:15 recommended 404:8 recompact 326:7 reconstruct 466:17 record 292:10 307:1 309:17,23 310:4,6,9,11 310:13 311:6 331:22 347:25 348:11 353:11 353:22 357:3,14,25 359:18 360:25 362:3,13 363:1,11,12 374:23 400:6 414:19 415:11,14 416:18 428:11 429:1,3,5 431:2,3,16 434:12 436:3 444:12 450:25 463:19 470:8,17 485:14,23,25 491:13 504:20 513:14 519:22,23,25 520:1,7
551:25 recorded 410:18 529:25 recording 477:11 records 297:22 504:3 recover 345:4,6 425:16 425:18,20 recovery 328:3 428:4 Recross-Examination 290:13 515:7 rectified 403:21 red 530:2 536:12 redact 363:18 redirect 290:8 459:5 460:9,15 498:16 reduce 324:10 337:24 338:7 339:15 342:13 419:10 reduced 331:20 337:13 371:20 388:17 418:11 560:9 reducing 337:18 Reeve 404:10 407:14,15 407:21 408:4,18,25 411:2 412:20 430:8 432:23 439:5 446:25 448:17 450:14 451:5 462:5 refer 361:15 364:5,6 Refereed 465:13 reference 301:24 405:13 444:25 491:23 referenced 301:24 309:3 321:11 references 491:24 referred 296:22 331:21 361:18 506:6 referring 316:6 323:23 351:9 396:8 405:9,10 408:3 439:14 441:16 refined 315:18 reflect 410:21,23 reflection 408:18 488:2 refrain 484:20 refresh 350:2 427:12 refunded 341:21 regard 462:5 466:14 557:24 regarding 291:15 339:25 regards 436:25 regional 470:22 471:2 472:11
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407:22 409:24 410:25 418:11 422:7 428:4,17 429:21 433:22 434:9 436:5,20 439:6 440:5 447:18 452:14 453:3 454:8,11,11 457:1 Wildlife's 419:12 willing 306:20 369:16 374:19 450:11 528:15 528:15 539:19 Willis 554:1 willy-nilly 451:22 wind 323:6 324:10 476:10,11,14 477:15 483:23 485:18 487:12 487:17 488:12,12 489:20 490:1,2,15,24 491:3,6 503:20,21 516:14,14 523:22 531:4 Windblown 521:25 winding 546:10 windows 483:13 535:4 winds 323:9,13,16,17 windstorms 490:13 windy 400:25 wind-blown 326:3 winter 315:23 317:1,9 412:15 439:16,23 440:22 wintering 438:17 439:15 wipe 530:6 wiping 558:8 wiring 536:18 wish 518:10 539:23 withheld 348:19 witness 293:25 294:6,23 306:1 312:8,14,15 314:13 345:20 354:24 362:11,12 363:22 401:9 412:7 459:21 501:6 560:16 witnesses 290:3 291:25 312:7 313:23 498:25 499:2,11,24 woman 554:1 wonder 464:9 502:19 527:22 wooden 333:21 word 303:11 388:13 399:5 422:11 496:7 words 404:5 428:21
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15-million-dollar 558:5 15-minute 503:21 516:15 1525 288:17 1536 288:22 16 476:9 483:25 545:19 16th 560:22 160 316:25 1600 474:8 17 414:18 503:2 1700 288:10 18 314:19 320:12 321:10 321:13 529:18 180 458:11 180,000 474:3,4 491:17 187 543:5 19 447:18 1911 288:3 1976 492:1 1980 494:22 495:12 1981 502:24 1984 503:2 1991 503:1 2 2 314:22 320:15 332:2 470:17 471:8 510:10,19 515:15,15,17,21,22,25 516:1 2.9 340:10 2:12 463:4 2:30 463:4 20 306:11 307:6,7 308:2 322:8 338:24 397:7 463:18 464:10 468:22 535:10 538:3 549:11 20,000 527:13 20-year 558:13 200 380:19 200,000 383:7 2000 525:9 2002 438:5,15,19 440:5 2007 528:9 529:10 534:9 2008 439:12 505:18 2009 310:18 405:7 427:9 427:23 432:21 435:23 439:12 505:19 529:18 2010 429:13 434:13 2011 298:10 306:23 307:3 309:16,18 311:2,5 341:16 344:10 475:16 2012 287:4,19 298:10
306:24 307:4 309:16 311:2,15 560:17 2016 560:18 216 560:22 22 304:12,16 226 473:15,16,23 479:16 230 479:16 234 479:15 238 288:3 479:15 24 427:9,23 432:21 482:12 547:2 24-hour 547:23 24/7/365 471:24 25 467:3 470:19 471:10 25-foot 322:8 250,000 423:9,25 424:14 28 503:6 294 290:4 297 290:18 3 3 321:20,21 405:16 429:25 436:23 438:17 471:8 480:8 3-D 476:19 488:17 3:21 501:1 3:32 501:1 3:53 519:5 30 293:9 398:25 399:6 403:12 479:21 480:18 486:16 492:2 515:21,25 524:20 547:22 554:21 30th 560:17 30-meter 509:24 510:8,9 510:12,18 515:15,16,16 515:21 30-mile 399:10,21 400:12 400:21 401:19 402:3 300 534:9 303 288:22 314 290:6 3200 288:10 341 474:9 349 288:6 35 491:22 360 544:9 361 290:6 375 290:7 38 552:17 381 474:9 38543 451:2
3895682 434:14 4 4 322:13,13 326:12 333:1 405:6,18 423:16 427:22 432:19 436:11 446:14 470:19,24 4-49 427:6 4.5 536:11 4.5-billion-year 535:25 4.8 327:5 4:00 313:19 417:5 517:21 4:07 519:5 40 418:2,5 460:6 477:22 552:17 40-mile-an-hour 490:16 400 392:21 400,000 340:20,24 415 315:19,23 316:11,13 316:13 415-acre 316:3 417 290:7 43 426:7 44 288:14 447,000 349:7 46 313:23 460 290:8 463 290:9 47 446:15 478 290:10 48 423:17 489:12 49 427:22 432:19 493 290:10 5 5 327:19 333:2 414:14,15 429:14 471:10 5G 332:7 5H 333:7 5th 363:6 5-12 529:9 5-26 528:9 5-4 529:9 5:11 559:8 50 340:18 436:12 531:17 531:24 533:22 50s 527:18 500 338:15 393:16 452:21 460:20 534:2 544:9 500-pound 547:7 500-ton 460:19
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92 543:4 98 429:25

Pinon Ridge Hearing Transcripts Part 2

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Pinon Ridge Hearing Transcripts Part 2

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AGREN BLANDO COURT REPORTING & VIDEO INC

and Notary Public within and for the State of

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AGREN BLANDO COURT REPORTING & VIDEO INC

AGREN BLANDO COURT REPORTING & VIDEO INC

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

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

Before we get started,

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

e-mail yesterday at about 1:00.

MR. STILLS: appreciate that. around so quickly.

Thank you for turning those

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THE HEARING OFFICER: MR. BRUSKIN: Correct.

THE HEARING OFFICER: MR. STILLS:

document this is morning.

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

You're employed by the CDPHE; is that

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a formal draft that we submitted.

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

Do you prepare any written notes when you

was reviewing it, like I always do.

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a look now -- I'm sorry.

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

And it's a partial -Docket sheets

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

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

So these are Sheep Mountain Alliance's

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

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MR. GOAD: highly unorthodox.

Mr. Stills is essentially

to those, especially to relevance.

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Yes, sir. I'm going to

THE HEARING OFFICER:

I mean... What it really is is

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as you saw. THE HEARING OFFICER: Do you

takes a while to get through a major document.

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THE HEARING OFFICER:

THE HEARING OFFICER:

I have a notebook, for example,

just kept to myself.