of the state of south dakota in the matter of the...
TRANSCRIPT
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THE PUBLIC UTILITIES COMMISSION
OF THE STATE OF SOUTH DAKOTA
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IN THE MATTER OF THE APPLICATIONOF DAKOTA ACCESS, LLC FOR ANENERGY FACILITY PERMIT TO CONSTRUCTTHE DAKOTA ACCESS PIPELINE
HP14-002
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Transcript of HearingSeptember 29, 2015 through October 9, 2015
September 30, 2015Volume II
Pages 162-499
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BEFORE THE PUBLIC UTILITIES COMMISSION
CHRIS NELSON, CHAIRMANGARY HANSON, COMMISSIONERRICHARD SATTGAST, ACTING COMMISSIONER
COMMISSION STAFF
Rolayne Ailts WiestKristen EdwardsKaren CremerBrian RoundsGreg RislovDarren KearneyTina DouglasKatlyn Gustafson
Reported By Cheri McComsey Wittler, RPR, CRR
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163
APPEARANCES
Brett Koenecke and Kara Semmler, Dakota Access
Glenn Boomsma, Intervenors
Kimberly Craven, Indigenous Environmental Network andDakota Rural Action
Thomasina Real Bird and Jennifer Baker, Yankton SiouxTribe
Matt Rappold, Rosebud Sioux Tribe
Diane Best, City of Sioux Falls
Margo Northrup, SD Association of Rural Water Systems
Kristen Edwards and Karen Cremer, PUC Staff
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TRANSCRIPT OF PROCEEDINGS, held in the
above-entitled matter, at the South Dakota State Capitol
Building, Room 414, 500 East Capitol Avenue, Pierre,
South Dakota, on the 30th day of September, 2015.
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I N D E X
DAPL EXHIBITS PAGE
1 - Application 612 - Exhibits A of Application 623 - Exhibit B of Application 624 - Exhibit C of Application 635 - Exhibit D of Application 646 - Sunoco Pipeline L.P. Facility Response
Plan, DAPL North Response Zone525
7 - Energy Transfer Co., DAPL SD SpillModel Discussion (Confidential)
525
9 - Unanticipated Discoveries Plan 217012 - 9/8/15 Correspondence from SD State
Historical Society747
16 - SD SHPO Trenching Approval 6/5/15 74830 - Mahmoud Direct 5931 - Frey Direct 26332 - Edwards Direct and Exhibits 30033 - Howard Direct 40434 - Stamm Direct 52435 - Rorie Direct 190336 - Mahmoud Rebuttal and Exhibits 192837 - Frey Rebuttal (Attached Exhibits A and
B denied)2133
38 - Howard Rebuttal 214939 - DeJoia Rebuttal 187241 - Jack Edwards Resume 29942 - Centerline from Residence 36445 - Level III Intensive Cultural Resources
Survey - Volume I (Confidential)812
46 - Level III Intensive Cultural ResourcesSurvey - Volume II (Confidential)
812
47 - Level III Intensive Cultural ResourcesSurvey - Volume III (Confidential)
812
48 - Level III Intensive Cultural ResourcesSurvey - Volume IV (Confidential)
812
49 - Level III Intensive Cultural ResourcesSurvey - Volume V (Confidential)
812
50 - DAPL Centerline from Structure and Maps 190751 - Pipeline Infrastructure Map 194252 - Sioux Falls Area Pipeline
Infrastructure Map1944
53 - James River HDD Maps (Confidential) 215954 - Sioux Falls, Tea, Harrisburg, Hartford
Routing Meetings1966
55 - Meetings with Public Officials 1971
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165
I N D E X (Continued)
IEN AND DRA EXHIBITS PAGE
1 - Deville Rebuttal 18632 - Win Young Rebuttal 15293 - 4/8/15 Standing Rock Letter to Army
Corps1530
4 - 2/18/15 Standing Rock Letter to ArmyCorps
1530
5 - 2/25/15 Standing Rock Emails and Letterto Army Corps
1530
6 - 2/17/15 Army Corps Letter 15317 - Capossela Expert Rebuttal 6278 - Capossela Resume 6279 - Lake Oahe Pool Duration Relationship 627
10 - Missouri River Mainstem ReservoirsSurplus Water Reports Summary
627
11 - U.S. Army Corps Missouri River BasinMainstem and Tributary ReservoirsBulletin
627
12 - Goldtooth Rebuttal 183413 - (Denied) --
PUC STAFF EXHIBITS PAGE
1 - Kearney Testimony and Exhibits 6742 - Walsh Testimony and Exhibit 6983 - McIntosh Testimony and Exhibits 7074 - Kirschenmann Testimony and Exhibit 8845 - Iles Testimony and Exhibit 18016 - Olson Testimony and Exhibit 7437 - Houdyshell Testimony and Exhibit 15998 - Bailey Testimony and Exhibit 16709 - McFadden Testimony and Exhibit 1561
10 - Shelly Testimony and Exhibit 95711 - Nickel Testimony and Exhibit 173713 - Thornton Testimony and Exhibit 164115 - Young Testimony and Exhibit 172716 - Ledin Testimony and Exhibit 173117 - Timpson Rebuttal Testimony and Exhibit 164218 - Applicant's 8/24/15 Response to Staff
Discovery Request 3 (Confidential)674
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I N D E X (Continued)
INTERVENORS EXHIBITS PAGE
I1 - Anderson Testimony 1342I2 - R. Arends, A. Arends, Bacon, and
Fines-Tracy Testimony1428
I3 - Assid Testimony 1408I4 - Geide Testimony 1221I5 - Goulet Testimony 1177I7 - Rod and Joy Hohn Testimony 1236I8 - Hoogestraat Rebuttal and Exhibits 1309I9 - Hoogestraat Testimony and Exhibits 1309
I10 - Kunzelman Testimony 1273I11 - Moeckly Testimony 1386I12 - Murray Testimony 1412I13 - Oltmanns Testimony 1371I16 - Petterson Testimony 1169I17 - Schoffelman Testimony 1086I18 - Sibson Rebuttal 1200I20 - Nancy Stofferahn Testimony 1286I21 - Ronald Stofferahn Testimony 1441I22 - Thomas Stofferahn Testimony 1136I23 - Top Testimony 1102I24 - Wiebers Testimony 1375I25 - Dakota Access Pipeline's Final Offer
Letters (only page 1 accepted)1327
I26 - Civ.15-138 - Order Granting Motion toDismiss and Denying Motion forPreliminary Injunction
1086
I27 - Civ.15-138 - Proposed Findings of Factand Conclusions of Law
1086
I30 - Civ.15-341 - Summons 1086I31 - Civ.15-341 - Verified Petition for
Condemnation1086
I32 - Sibson Testimony 1200I43 - Photos 1323I44 - Photos taken by Joy Hohn 1251I45 & I45L - Photos taken by Kunzelman 1276I46J- Photos taken by Joy Hohn 1243I47P- Photos of Schoffelman Farm 1167I50 - County Meetings (Denied) --
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I N D E X (Continued)
ROSEBUD SIOUX TRIBE EXHIBITS PAGE
12 - Sprague's pipit Conservation Plan 92416 - Topeka shiner Management Plan 91617 - U.S. Fish & Wildlife Services Revised
Recovery Plan of the Pallid Sturgeon926
18 - U.S. Fish & Wildlife Services PallidSturgeon Five-Year Review Summary and
Evaluation
927
22 - Chapter 2 - The Districts 92826 - Western Prairie Fringed Orchid
Five-Year Review Summary and Evaluation926
CITY OF SIOUX FALLS EXHIBITS PAGE
A - Municipal Growth Areas Map 82D - Lewis & Clark Regional Water System 1479E - Lewis & Clark Regional Water System
Invoice1488
SDARWS EXHIBITS PAGE
1 - Easement Agreement 14632 - Map and Drawing 14623 - Zulkosky Testimony 1461
YANKTON SIOUX TRIBE EXHIBITS PAGE
6 - Cooke Rebuttal 10647 - Spotted Eagle Rebuttal 10508 - Spotted Eagle BIO 10319 - Appendix A, 24 Ind. Cl. Comm. 208
Map of Yankton Aboriginal Title Lands1050
10 - DAPL South Dakota Vicinity Map 105011 - Saunsoci Rebuttal 1921
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I N D E X (Continued)
DAPL WITNESSES PAGE
JOEY MAHMOUDDirect Examination by Mr. Koenecke 55Cross-Examination by Ms. Baker 65Cross-Examination by Mr. Rappold 84Cross-Examination by Ms. Craven 116Cross-Examination by Mr. Boomsma 140Cross-Examination by Ms. Best 154Cross-Examination by Ms. Northrup 158Cross-Examination by Ms. Edwards 181Examination by Chairman Nelson 188Examination by Commissioner Hanson 194Examination by Commissioner Sattgast 202Recross-Examination by Ms. Craven 210Recross-Examination by Mr. Rappold 220Recross-Examination by Ms. Baker 231Recross-Examination by Ms. Northrup 237Recross-Examination by Ms. Best 239Redirect Examination by Mr. Koenecke 243Recross-Examination by Mr. Rappold 250Examination by Chairman Nelson 253Examination by Commissioner Hanson 255Recross-Examination by Mr. Rappold 258Recross-Examination by Ms. Craven 259
CHUCK FREYDirect Examination by Ms. Semmler 260Cross-Examination by Ms. Baker 263Cross-Examination by Mr. Rappold 271Cross-Examination by Ms. Craven 280Examination by Commissioner Hanson 289Redirect Examination by Ms. Semmler 292Recross-Examination by Mr. Rappold 294
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I N D E X (Continued)
DAPL WITNESSES PAGE
JACK EDWARDSDirect Examination by Mr. Koenecke 296Cross-Examination by Ms. Baker 301Cross-Examination by Ms. Northrup 320Cross-Examination by Mr. Rappold 324Cross-Examination by Ms. Craven 339Cross-Examination by Ms. Edwards 357Examination by Chairman Nelson 358Examination by Commissioner Hanson 365Examination by Commissioner Sattgast 372Recross-Examination by Mr. Rappold 374Recross-Examination by Ms. Craven 376Recross-Examination by Ms. Baker 378Recross-Examination by Ms. Edwards 379Redirect Examination by Mr. Koenecke 379
MONICA HOWARDDirect Examination by Ms. Semmler 393Cross-Examination by Ms. Baker 404Cross-Examination by Mr. Rappold 419Cross-Examination by Ms. Craven 463Cross-Examination by Ms. Edwards 481Examination by Chairman Nelson 482Examination by Commissioner Hanson 483Examination by Commissioner Sattgast 487Recross-Examination by Ms. Baker 790Redirect Examination by Ms. Semmler 491Recross-Examination by Ms. Craven 495
TODD STAMMDirect Examination by Mr. Koenecke 523Cross-Examination by Ms. Real Bird 528Cross-Examination by Mr. Rappold 546Cross-Examination by Ms. Craven 566Cross-Examination by Ms. Northrup 568Cross-Examination by Ms. Edwards 572Examination by Chairman Nelson 575Examination by Commissioner Hanson 578Examination by Commissioner Sattgast 584Recross-Examination by Mr. Rappold 588Recross-Examination by Ms. Real Bird 594Redirect Examination by Mr. Koenecke 596Recross-Examination by Ms. Craven 607
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I N D E X (Continued)
IEN AND DRA WITNESSES PAGE
PETER CAPOSSELADirect Examination by Ms. Craven 621Cross-Examination by Ms. Real Bird 648Cross-Examination by Mr. Rappold 651Cross-Examination by Mr. Koenecke 662
WASTE WIN YOUNGDirect Examination by Ms. Craven 1529Cross-Examination by Mr. Rappold 1537Cross-Examination by Ms. Semmler 1540Examination by Chairman Nelson 1551Examination by Commissioner Hanson 1552Redirect Examination by Ms. Craven 1553Recross-Examination by Ms. Semmler 1555
DALLAS GOLDTOOTHDirect Examination by Ms. Craven 1828Cross-Examination by Mr. Rappold 1849Cross-Examination by Mr. Koenecke 1850Examination by Chairman Nelson 1856Recross-Examination by Mr. Rappold 1857
STAFF WITNESSES PAGE
DARREN KEARNEYDirect Examination by Ms. Cremer 668Cross-Examination by Ms. Real Bird 676Cross-Examination by Mr. Rappold 684Examination by Chairman Nelson 687Examination by Commissioner Hanson 691Redirect Examination by Ms. Cremer 693
BRIAN WALSHDirect Examination by Ms. Cremer 695Cross-Examination by Ms. Real Bird 699Cross-Examination by Mr. Rappold 701Cross-Examination by Ms. Craven 702
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I N D E X (Continued)
STAFF WITNESSES PAGE
KIMBERLY MCINTOSHDirect Examination by Ms. Cremer 704Cross-Examination by Ms. Real Bird 708Cross-Examination by Mr. Rappold 713Cross-Examination by Ms. Craven 722Examination by Chairman Nelson 724Examination by Commissioner Sattgast 727Examination by Commissioner Hanson 729
PAIGE OLSONDirect Examination by Ms. Cremer 739Cross-Examination by Ms. Semmler 745Cross-Examination by Ms. Real Bird 749Cross-Examination by Mr. Rappold 757Examination by Chairman Nelson 825Cross-Examination by Ms. Craven 843Examination by Commissioner Hanson 863Recross-Examination by Mr. Rappold 871Recross-Examination by Ms. Semmler 872Recross-Examination by Ms. Craven 872Direct Examination by Ms. Cremer 872Recross-Examination by Ms. Semmler 874
TOM KIRSCHENMANNDirect Examination by Ms. Cremer 878Cross-Examination by Ms. Baker 886Cross-Examination by Mr. Rappold 901Cross-Examination by Mr. Koenecke 931Cross-Examination by Ms. Craven 941Examination by Chairman Nelson 945Examination by Commissioner Sattgast 946Examination by Commissioner Hanson 949Recross-Examination by Mr. Rappold 951Recross-Examination by Ms. Craven 951
MICHAEL SHELLYDirect Examination by Ms. Edwards 955Cross-Examination by Ms. Real Bird 959Cross-Examination by Mr. Rappold 992Cross-Examination by Ms. Craven 997Cross-Examination by Ms. Semmler 998Examination by Commissioner Sattgast 1002
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I N D E X (Continued)
STAFF WITNESSES PAGE
ROBERT MCFADDENDirect Examination by Ms. Edwards 1557Cross-Examination by Ms. Real Bird 1562Cross-Examination by Mr. Rappold 1572Cross-Examination by Ms. Craven 1578Cross-Examination by Ms. Northrup 1580Cross-Examination by Ms. Semmler 1581Examination by Chairman Nelson 1582Examination by Commissioner Sattgast 1583Examination by Commissioner Hanson 1585Recross-Examination by Ms. Real Bird 1589Recross-Examination by Mr. Rappold 1591Recross-Examination by Ms. Semmler 1593Redirect Examination by Ms. Edwards 1595Recross-Examination by Ms. Craven 1596
MICHAEL HOUDYSHELLDirect Examination by Ms. Cremer 1596Cross-Examination by Ms. Baker 1602Cross-Examination by Mr. Rappold 1606Cross-Examination by Mr. Craven 1607Cross-Examination by Mr. Koenecke 1615Examination by Chairman Nelson 1616Examination by Commissioner Hanson 1628Recross-Examination by Mr. Koenecke 1631Recross-Examination by Ms. Craven 1633
MICHAEL TIMPSONDirect Examination by Ms. Edwards 1634Cross-Examination by Ms. Real Bird 1642Cross-Examination by Ms. Craven 1655Cross-Examination by Ms. Semmler 1663Examination by Chairman Nelson 1666
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I N D E X (Continued)
STAFF WITNESSES PAGE
TODD BAILEYDirect Examination by Ms. Cremer 1667Cross-Examination by Ms. Real Bird 1670Cross-Examination by Mr. Rappold 1677Cross-Examination by Mr. Koenecke 1678Examination by Chairman Nelson 1680Examination by Commissioner Hanson 1686Reexamination by Chairman Nelson 1690Recross-Examination by Mr. Koenecke 1690Recross-Examination by Mr. Rappold 1692Recross-Examination by Ms. Craven 1692Recross-Examination by Ms. Real Bird 1695Recross-Examination by Mr. Koenecke 1697
DAN FLODirect Examination by Ms. Edwards 1721Cross-Examination by Ms. Baker 1737Cross-Examination by Mr. Rappold 1753Cross-Examination by Ms. Craven 1773Cross-Examination by Ms. Semmler 1782Examination by Chairman Nelson 1789Recross-Examination by Ms. Craven 1793Recross-Examination by Mr. Rappold 1793Recross-Examination by Ms. Semmler 1794Redirect Examination by Ms. Edwards 1796
DERRIC ILESDirect Examination by Ms. Cremer 1797Cross-Examination by Ms. Real Bird 1805Cross-Examination by Ms. Northrup 1820Examination by Commissioner Hanson 1822
YANKTON SIOUX TRIBE WITNESSES PAGE
FAITH SPOTTED EAGLEDirect Examination by Ms. Baker 1028Cross-Examination by Mr. Rappold 1050Examination by Chairman Nelson 1060
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I N D E X (Continued)
YANKTON SIOUX TRIBE WITNESSES PAGE
JASON COOKDirect Examination by Ms. Real Bird 1063Cross-Examination by Mr. Koenecke 1064Examination by Commissioner Hanson 1066Examination by Chairman Nelson 1067
INTERVENORS WITNESSES PAGE
KEVIN SCHOFFELMANDirect Examination by Mr. Boomsma 1071Cross-Examination by Mr. Koenecke 1088Examination by Chairman Nelson 1091Examination by Commissioner Hanson 1091Redirect Examination by Mr. Boomsma 1094Recross-Examination by Mr. Koenecke 1096Examination by Chairman Nelson 1096Recross-Examination by Mr. Koenecke 1097
BRIAN TOPDirect Examination by Mr. Boomsma 1098Cross-Examination by Ms. Real Bird 1120Cross-Examination by Mr. Rappold 1121Cross-Examination by Mr. Koenecke 1122Examination by Chairman Nelson 1130Examination by Commissioner Sattgast 1131Redirect Examination by Mr. Boomsma 1132
THOMAS STOFFERAHNDirect Examination by Mr. Boomsma 1134Cross-Examination by Mr. Rappold 1146Cross-Examination by Ms. Craven 1147Cross-Examination by Mr. Koenecke 1148Examination by Chairman Nelson 1152Redirect Examination by Mr. Boomsma 1158Recross-Examination by Ms. Craven 1160
JANICE PETTERSONDirect Examination by Mr. Boomsma 1163
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I N D E X (Continued)
INTERVENORS WITNESSES PAGE
LINDA GOULETDirect Examination by Mr. Boomsma 1173Cross-Examination by Ms. Craven 1177Cross-Examination by Mr. Koenecke 1178Examination by Commissioner Hanson 1182Redirect Examination by Mr. Boomsma 1182
SUE SIBSONDirect Examination by Mr. Boomsma 1183Cross-Examination by Ms. Baker 1192Cross-Examination by Ms. Craven 1192Cross-Examination by Ms. Edwards 1200Cross-Examination by Mr. Koenecke 1201Examination by Chairman Nelson 1208Examination by Commissioner Hanson 1209Reexamination by Chairman Nelson 1215Redirect Examination by Mr. Boomsma 1216
ORRIN GEIDEDirect Examination by Mr. Boomsma 1218Cross-Examination by Ms. Craven 1227Cross-Examination by Mr. Koenecke 1230Examination by Chairman Nelson 1230Examination by Commissioner Hanson 1231
JOY HOHNDirect Examination by Mr. Boomsma 1234Cross-Examination by Ms. Baker 1252Cross-Examination by Ms. Craven 1255Cross-Examination by Ms. Edwards 1257Cross-Examination by Mr. Koenecke 1258Examination by Commissioner Hanson 1264Redirect Examination by Mr. Boomsma 1266Recross-Examination by Mr. Koenecke 1268
LAURIE KUNZELMANDirect Examination by Mr. Boomsma 1269Cross-Examination by Ms. Craven 1279Cross-Examination by Mr. Koenecke 1281
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I N D E X (Continued)
INTERVENORS WITNESSES PAGE
NANCY STOFFERAHNDirect Examination by Mr. Boomsma 1284Cross-Examination by Mr. Rappold 1299Cross-Examination by Ms. Northrup 1301Cross-Examination by Mr. Koenecke 1303Examination by Commissioner Hanson 1305
PEGGY HOOGESTRAATDirect Examination Mr. Boomsma 1307Cross-Examination by Ms. Real Bird 1330Cross-Examination by Mr. Rappold 1331Cross-Examination by Ms. Craven 1331Cross-Examination by Mr. Koenecke 1332Examination by Chairman Nelson 1335Examination by Commissioner Sattgast 1336
MATTHEW ANDERSONDirect Examination by Mr. Boomsma 1341Cross-Examination by Mr. Koenecke 1343
SHIRLEY OLTMANNSDirect Examination by Mr. Boomsma 1370
CORLISS WIEBERSDirect Examination by Mr. Boomsma 1373
KENT MOECKLYDirect Examination by Mr. Boomsma 1376Cross-Examination by Ms. Real Bird 1386Cross-Examination by Ms. Edwards 1387Cross-Examination by Ms. Semmler 1389Examination by Chairman Nelson 1394Recross-Examination by Ms. Semmler 1398Redirect Examination by Mr. Boomsma 1399Recross-Examination by Ms. Craven 1401Recross-Examination by Ms. Semmler 1402
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I N D E X (Continued)
INTERVENORS WITNESSES PAGE
DELORES ASSIDDirect Examination by Mr. Boomsma 1404
MARILYN MURRAYDirect Examination by Mr. Boomsma 1411Cross-Examination by Mr. Koenecke 1416
ROD HOHNDirect Examination by Mr. Boomsma 1418Cross-Examination by Mr. Koenecke 1422Examination by Commissioner Hanson 1424Redirect Examination by Mr. Boomsma 1425
ALLAN ARENDSDirect Examination by Mr. Boomsma 1426Cross-Examination by Ms. Craven 1432Cross-Examination by Ms. Best 1434Cross-Examination by Mr. Koenecke 1435
RON STOFFERAHNDirect Examination by Mr. Boomsma 1439Cross-Examination by Mr. Koenecke 1450Examination by Commissioner Hanson 1456Redirect Examination by Mr. Boomsma 1457
SDARWS WITNESS PAGE
TROY LARSONDirect Examination by Ms. Northrup 1460Cross-Examination by Ms. Real Bird 1467Cross-Examination by Mr. Rappold 1472Cross-Examination by Ms. Craven 1477Cross-Examination by Ms. Best 1484Cross-Examination by Ms. Edwards 1488Cross-Examination by Mr. Koenecke 1489Examination by Chairman Nelson 1494Examination by Commissioner Sattgast 1499Examination by Commissioner Hanson 1501Recross-Examination by Ms. Real Bird 1505Recross-Examination by Mr. Rappold 1509Recross-Examination by Ms. Craven 1510Recross-Examination by Mr. Koenecke 1513
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I N D E X (Continued)
DAPL RECALLED WITNESS PAGE
CHUCK FREYDirect Examination by Ms. Semmler 608Cross-Examination by Ms. Real Bird 612Cross-Examination by Ms. Craven 620
DAPL REBUTTAL WITNESSES PAGE
AARON DEJOIADirect Examination by Ms. Semmler 1868Cross-Examination by Mr. Rappold 1882Cross-Examination by Ms. Craven 1883Cross-Examination by Ms. Edwards 1892Examination by Chairman Nelson 1894Examination by Commissioner Sattgast 1896Redirect Examination by Ms. Semmler 1898
MICAH RORIEDirect Examination by Mr. Koenecke 1901Cross-Examination by Ms. Baker 1911Cross-Examination by Mr. Rappold 1913Cross-Examination by Ms. Craven 1915Examination by Chairman Nelson 1916Examination by Commissioner Hanson 1919
JOEY MAHMOUDDirect Examination by Mr. Koenecke 1924Cross-Examination by Ms. Real Bird 1975Cross-Examination by Mr. Rappold 1984Cross-Examination by Ms. Craven 2035Cross-Examination by Mr. Boomsma 2046Cross-Examination by Ms. Edwards 2084Examination by Chairman Nelson 2088Examination by Commissioner Sattgast 2093Examination by Commissioner Hanson 2096Recross-Examination by Ms. Real Bird 2123Recross-Examination by Mr. Rappold 2125Recross-Examination by Mr. Boomsma 2129
CHUCK FREYDirect Examination by Mr. Koenecke 2130Cross-Examination by Ms. Baker 2142Cross-Examination by Mr. Rappold 2143Cross-Examination by Ms. Craven 2145Cross-Examination by Ms. Edwards 2147
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I N D E X (Continued)
DAPL REBUTTAL WITNESSES PAGE
MONICA HOWARDDirect Examination by Ms. Semmler 2148Cross-Examination by Ms. Baker 2170Cross-Examination by Mr. Rappold 2175Cross-Examination by Ms. Craven 2182Cross-Examination by Mr. Boomsma 2198Cross-Examination by Ms. Edwards 2205Examination by Chairman Nelson 2206Examination by Commissioner Sattgast 2208Recross-Examination by Ms. Craven 2211Redirect Examination by Ms. Semmler 2212Recross-Examination by Ms. Craven 2215
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CHAIRMAN NELSON: We will call the hearing back
to order. Just a couple of procedural issues. We were
asked this morning kind of what the schedule might be,
and my anticipation is that each day we will go until
5:30, 6 o'clock, kind of whatever we find a natural
break, around then.
Unless Cheri tells us we need to quit earlier.
We always abide by that. So that's kind of what we're
looking for.
So far as a noon break, we plan on taking an
hour and 15 minutes, and then we'll kind of find a
natural breaking point between 11:45 and 12:15 and take
an hour and 15 minutes from that point. So that's what
we anticipate.
With that, Ms. Wiest.
MS. WIEST: Dakota Access, you may recall your
witness.
MR. KOENECKE: Thank you.
Mr. Mahmoud, will you take the stand again,
please.
I believe, Ms. Wiest, we were at Staff's
questioning; is that correct?
MS. WIEST: Yes. That is correct. You may
proceed, Ms. Edwards.
MS. EDWARDS: Thank you.
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CROSS-EXAMINATION
BY MS. EDWARDS:
Q. Mr. Mahmoud, in your prefiled testimony, you discuss
the details of the project specifically on page 176.
Do you recall the questions by Commissioner Hanson
yesterday before the hearing started as to the original
routing of the pipeline and its proximity to Sioux Falls?
Vaguely?
A. Vaguely.
Q. Okay. Do you at this time have responses to why the
project originally came so close to the population center
of the state?
A. I'm sorry. One more time.
Q. Do you have a response at this time as to why the
project originally came so close to Sioux Falls?
A. The original route -- the current route or the
original route?
Q. The original route.
A. Why it went that close to the City of Sioux Falls?
Q. Yes.
A. Okay. The reason it did was when we were routing
was just the shortest distance between the beginning and
the end. We did our original routing studies, it did not
indicate some of the development potential or the extent
of the developable area, the future growth of the City of
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Sioux Falls, Tea, Harrisburg, Hartford. And so when we
got into the details and following our -- following our
public meeting that we had down in Sioux Falls, we went
back, we met with the cities, hired a local engineer that
helped us with the routing around the City of Sioux Falls
and those surrounding smaller communities to move outside
of the future development areas as they have indicated on
the growth maps.
And that's what led to the reroute. But it was part
of the normal routing that we go through as we gather
different sets of data.
Q. And with this reroute, do you feel the company has
adequately mitigated the concerns regarding development
in the area?
A. I believe we have. Yes. We've met with each of the
cities in the area. We've talked to them. And without
putting words in their mouth, they've all accepted our
route as it stands today. They've all concurred with it
and have given us the thumbs up or green light that
they're -- I don't think they'll ever say support, but
are in concurrence that we have routed the pipeline such
that we're avoiding their future development areas.
Q. Okay. Thank you.
You also testified that Dakota Access has no
experience with spills as this is a new company. Will
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those people dealing directly with landowners who are
responsible for reclamation also be new in terms of
experience, or do you anticipate having experienced
people dealing with the landowners?
A. Well, one, thanks for that. Because I think the
answer that I gave was a very literal answer to the
question that was asked, do we, Dakota Access, as a new
entity, which we've been very clear about, have any
experience. Well, it's a brand new company that we
formed for the purposes of this project as a joint
venture company between two parties.
We have an operator, who is DAPL-ETCO operating
management company. And under that we have an operating
agreement with Sunoco Logistics. Sunoco Logistics is
Energy Transfer's operating arm for its crude assets.
As I mentioned yesterday, Sunoco Logistics has
100 years of operating experience, and those individuals
will be the ones that will operate this pipeline on a
daily basis.
And so we certainly have a lot of experience, one of
the largest operators of pipelines in North America. But
certainly I think we're number three or somewhere around
there. Maybe a little bit -- maybe five for operating of
crude pipelines. So we have a lot of experience
operating crude pipelines.
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As a company the specific operator has some of the
greatest experience in this country of operating crude
pipelines, and those will be the people on the ground.
Q. Okay. But dealing with reclamation you feel that
you have the adequate experience and expertise to engage
in reclamation with the landowners?
A. Absolutely. We as a company certainly -- you know,
I know it's -- we never tried to hide the ball that -- we
would never say that we're never going to have a spill.
So we certainly have had to deal with spills before. Our
operating team certainly does know how to and is very
well trained in responding to a spill or a leak.
And then we hire the expertise to actually do the
reclamation. So as a company we may not be the physical
people doing the reclamation itself, but we would be the
people that would be, one, responsible for in its
entirety, and, two, would be the management of the
cleaning up or remediation in the event of a spill.
Q. Okay. And on that same topic, yesterday you
mentioned that your company was hiring the same
contractor as the Phase 1 of the Keystone Pipeline. Will
that be the same contractor that's responsible for
reclamation?
A. So reclamation and the terms, I believe, we're
talking about now are for construction reclamation, not
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for spill reclamation. I assume that's what we're
talking about in this question?
Q. I'm referring to construction.
A. Okay. Construction. So they have -- Michels
Corporation will be responsible for the reclamation of
the right of way after construction. Yes, ma'am.
Q. Thank you. And beginning on line 227 of your
prefiled testimony, you discussed potential route
modifications subsequent to the Permit being granted, if
it was.
Would you inform the PUC of these modifications, if
they happened?
A. Yes, ma'am.
Q. Okay. And what is the maximum distance you could
foresee for a deviation from the route? I mean, are you
talking quarter sections? Miles?
A. We're talking, you know, less than 100 feet.
Typically at this stage when we're in construction and
when we're planning to go to construction, the route --
the route's final as we see it today, by the way. I
mean, it's not a route that we're still contemplating
shifting, you know, a half a mile or a couple of miles.
It's fixed for all practical purposes.
However, there's always the inevitable, we did not
see something or something underground that it may make
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more sense instead of impacting whatever that feature is
underground that we would move the pipeline or shift it
outside of that immediate impact area.
So these are very small, minor tweaks of reroutes to
avoid a very specific constraint on the ground. If we
can avoid and minimize impacts to the landowner or to
that feature, we certainly will.
Q. Are you familiar with PHMSA's definition of high
consequence areas?
A. In general terms, yes.
Q. Are you familiar that the definition of high
consequence areas contains unusually sensitive areas?
A. Yes.
Q. Are you aware that unusually sensitive areas are
areas containing depleted marine animal species or an
imperiled ecological community where the species or
community is aquatic, dependent, or terrestrial with a
limited range?
A. I've read that, yes.
Q. You'd agree with that?
A. I've read it. Yes.
Q. So is it your testimony that the pipeline will not
cross any unusually sensitive areas and, therefore, there
are no high consequence areas in South Dakota?
A. In the State of South Dakota, based upon the way
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that the rules are written and all the experts that we've
hired, and we certainly have hired plenty of experts to
help us through this, we have no HCAs in the State of
South Dakota.
Q. Would that include streams that are crossed by the
pipeline but also include the Topeka Shiner?
A. That's correct.
Q. Why would that be that those wouldn't be USAs?
A. Well, one, they're not designated critical habitat.
They may contain a threatened or endangered species.
There is a biological opinion out there with the U.S.
Fish & Wildlife that has predetermined methodologies on
how to cross and how to manage those streams in
conjunction with the pipeline.
So in consultation with the fish and wildlife as
well as with our experts, we did not consider those to be
HCAs.
Q. If they were determined to be HCAs, would that
change the design or route of your pipeline at all?
A. No.
Q. Okay. And the Revised Application states that there
were 31 mainline valves that will be installed, but your
testimony at line 140 says there are 40 mainline valves.
Which number would be correct?
A. As it stands today, it's 40. So we have finished
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our spill modeling that we've been working on for some
time. And based upon the spill model and the
recommendations of our experts, and Mr. Frey can
certainly testify to this with a lot more authority than
I can, but with the spill model and the preventative
measures that we believe were prudent, we've added
additional valves into the project to have closer
intervals of isolation of the pipeline. So we've ended
up at 40.
MS. EDWARDS: Thank you. No further questions.
THE WITNESS: You bet.
MS. WIEST: Are there any questions from
Commissioners? Commissioner Nelson.
CHAIRMAN NELSON: Just a few questions. You
were asked yesterday about liability or responsibility
for a spill, and you indicated that that ultimate
responsibility would flow up to the three owners of the
company.
Is there any documentation on file with the
Commission at this point that lays out that liability
path or responsibility?
THE WITNESS: I do not believe so. However,
under federal laws, it's prescriptive, and it specifies
in various court proceedings and precedents out there --
and I don't want to quote chapter and verse of OPA and
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some of the other regulations that govern the spills, but
that the environmental liability resides with the highest
level of the responsible party.
In this case it would be with our parents. So
there's three parents involved at this point. There's
two officially, and one that will be. So the liability
would travel up to those parents from a responsibility
standpoint.
And we can provide, if necessary, provide a
corporate chart that would indicate how that would flow
upward.
CHAIRMAN NELSON: I think that would be helpful
for me if that could be provided.
THE WITNESS: Yes, sir.
CHAIRMAN NELSON: The next question I've got, on
March 19 Ms. Semmler filed a letter with us dealing with
some routing issues, and it references the meetings that
you had with some of the city officials in the Sioux
Falls area.
I've got questions about that. Are you the best
person to address those?
THE WITNESS: I'll try. Yes, sir.
CHAIRMAN NELSON: The question I've got deals
specifically with Harrisburg. And we've got maps that I
think are conflicting in relation to whether or not the
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current pipeline route goes through the proposed growth
area of Harrisburg.
The map, Exhibit A1 was filed with that letter,
shows that the route goes through what's designated as a
neighboring growth area for the City of Harrisburg.
On September 23 the City of Sioux Falls filed a
map with us that shows the pipeline not going through
that growth area but going along the southern boundary of
that.
And so my question for you is: Is the pipeline
going through the neighboring growth area of Harrisburg
or not?
THE WITNESS: Good question. We are on the very
edge of the growth area. We clip a very small corner of
the Harrisburg growth area.
When we met with the city, they agree that it
was better for where the current pipeline route was
routed to clip that small corner and move to the southern
edge, as indicated in the Sioux Falls map, that that --
that's the current route, by the way. It was better to
be on the southern side and barrel clip that one area to
stay out of their growth potential area as they define --
they do it in blocks. I think everybody realizes how
they define their growth areas, along section lines. And
they believed it was better to barrel clip that one edge,
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and then follow the southern boundary.
CHAIRMAN NELSON: So the map that was filed in
May -- or I should say that was filed in March, is that
incorrect?
THE WITNESS: Can I look? Yes, sir.
So the current -- for everybody's benefit,
there's a map. I'm looking at Exhibit A1. There's kind
of a maroon route. And it has -- and there's some, I
don't know, yellowish gold routes.
And so it's a combination of the 12-23 and the
2-17 routes that we're following today.
This map that I'm holding, that you gave to me,
this was indicating all the different routes that we
worked with the various cities on. And when we met with
them we said, okay, here's how we can get around your
development areas, as well as other constraints along the
way, either people's homes, farming operations, water
lines, future intersection growth areas, whatever it may
be.
So when we met with them, the city of Tea, we've
stayed out of their area. We clipped their corner. And
then the City of Harrisburg felt it was better for us to
be right on the southern edge of their growth area to
minimize the future development of what they believe to
be their developable area beyond our pipeline.
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So the corridor that they selected was the, for
lack of better words, the maroon dotted one.
CHAIRMAN NELSON: But on that map, the maroon
dotted one goes through the middle of their growth area.
THE WITNESS: Right. That's another good point.
CHAIRMAN NELSON: So that's what I'm confused
about.
THE WITNESS: It is. And Jack can certainly
help explain some of this. But when we met with them,
their planning area -- actually they have -- they have
much more detailed maps. So when you look at it on the
ground or on their more detailed maps, we're actually on
the southern area.
How it plots against their city maps is actually
not 100 percent correct. So this is geographic
information system data, but it's plotted correctly
geographically, but mapping wise it does indicate we're
not on the southern edge. So I understand the confusion.
CHAIRMAN NELSON: And so what you're telling me
is the map that was filed by the City of Sioux Falls on
September 23 is a more accurate depiction than what your
map is; correct?
THE WITNESS: Yes, sir. That's correct.
CHAIRMAN NELSON: So just so I'm clear, in that
March 19 letter it was indicated that the City of
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Harrisburg is comfortable with the route you have chosen
on the southern end of their city; is that correct?
THE WITNESS: Yes, sir. And I was personally at
that meeting with them, and Jack and I met with them to
put a rubber stamp on that of this is where we're going
to put the pipeline.
CHAIRMAN NELSON: Thank you.
THE WITNESS: Yes, sir.
CHAIRMAN NELSON: The last question I've got,
and, again, I don't know if you're the right person to
answer this, you may have recalled in one of our public
meetings last winter -- I think it was the one at
Iroquois -- there was some consternation about how close
the pipeline would come to houses or farmsteads. And so
that's the genesis of my question.
Along the current pipeline route, how many
houses are located within 200 yards of the pipeline?
And, secondly, how many farmsteads would be within 200
yards of the pipeline?
THE WITNESS: I cannot answer that. But I think
Jack Edwards, when he's up here, would be the appropriate
person.
CHAIRMAN NELSON: That would be great. And if
Jack Edwards at this point doesn't know the answer to
that question, he's got some study time between now and
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then.
That's all the questions I've got. Thank you.
MS. WIEST: Any other questions, Commissioners?
COMMISSIONER HANSON: Thank you. Good morning,
Mr. Mahmoud.
THE WITNESS: Good morning.
COMMISSIONER HANSON: Ms. Edwards asked -- I had
about six -- I'll say four pertinent questions, and two
impertinent questions, and I swear she went into my room
last night and looked through my notes and asked every
one of my questions except for the impertinent ones,
which reinforces my faith in her abilities.
I do want to echo my concern on the location of
the pipeline. I was absolutely amazed at the first
routing, how it snaked through all of those communities.
And I'm still very concerned why the route of the
pipeline was played so close to the highly populated
areas and the highest economic growth areas of our state.
I'm still very concerned with that.
I note that it's -- when we talk about --
Harrisburg is one of the fastest growing communities in
this state, and it skirts Tea and the Sioux Falls
Regional Landfill and Wall Lake and Hartford. I'm still
real concerned about its location there.
Who did you meet with in Harrisburg?
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THE WITNESS: I could find their names. We met
with their engineers. Those were the primary people we
wanted to meet with. I just don't recall their names. I
believe one of them was the city manager. And I'm
looking at Jack.
I know we have record of their names. I just
can't remember offhand, but the primary purpose was to
meet with their planning department and the
representatives in their planning department. And we met
with their engineers who helped us through the routing to
avoid their growth areas. And that's what we've done.
COMMISSIONER HANSON: Did you meet with their
policymakers?
THE WITNESS: You know, I can't answer that
exactly, sir. No, sir.
COMMISSIONER HANSON: Jack would be able to
answer that, you think?
THE WITNESS: We will find their names, and when
Jack gets up here, we'll definitely try to have those for
you.
COMMISSIONER HANSON: Thank you. How long do
you anticipate the life of the pipeline?
THE WITNESS: That's a tough question. We're
investing roughly $3.8 billion into an asset from start
to finish along Dakota Access. That level of investment
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is not made for the short-term. It's an enormous
investment, enormous energy infrastructure project that's
intended to provide service out of the Bakken for as long
as the Bakken is producing.
So my expectation, our company's expectation, is
that that pipeline will service the Bakken as long as it
will produce. Current projections, that could be 100
plus years. So our expectation is that pipeline will
service that area with 100 plus years.
With modern technology and our ability to
maintain cathodic protection and the quality of materials
and the craftsmanship put into it, we fully expect it to
last that long. And we don't believe that's an
unreasonable expectation at all.
COMMISSIONER HANSON: You still have that map in
front of you that shows the pipeline skirting the
southern edge of Harrisburg?
THE WITNESS: No, sir. I do not.
COMMISSIONER HANSON: Well, I'll ask you to take
a look at that sometime. It's Sioux Falls Exhibit A that
I've been looking at. It hasn't been introduced yet, I
don't believe.
THE WITNESS: I have it again.
COMMISSIONER HANSON: You have it again?
THE WITNESS: Yes, sir.
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COMMISSIONER HANSON: If you see the simple 229
on the lower portion of the -- well, it's in the Sioux
Falls area. It's about the -- it's in the southern
portion of Sioux Falls. It's showing the interstate 229.
Do you find that? It's a red and blue interstate symbol.
THE WITNESS: I do. Yes, sir.
COMMISSIONER HANSON: If you follow that line up
to where it takes a bend at 41st and Cliff, and follow
that north to 33rd Street, do you see where that is? It
looks like it's almost the middle of Sioux Falls at this
time.
THE WITNESS: Okay. Yes.
COMMISSIONER HANSON: I just want you to know
that when I was in middle school, just south of there,
that was the outer limits basically of Sioux Falls. And
Harrisburg was just a tiny little town at that time. My
kids let me know that I'm older, but I don't think of
myself as real old. And you talk about 100 plus years of
a pipeline.
That pipeline that you're showing presently I
would anticipate would be completely covered, within my
kids' lifetime, it will be passed. And that's my concern
for it.
I recognize that the growth area -- I recognize
the population of that area, and I know that we have a
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lot of pipelines and natural gas pipelines even running
down our streets and that, but I have a strong concern
for its present location.
Ms. Edwards asked you questions also about high
consequence areas. One of the challenges of building a
pipeline in eastern South Dakota is it's in the Glacial
Lakes area, and there's lots of, I won't call them high
consequence areas, but waterways, lakes, sloughs, et
cetera.
The pipeline, the proposed route, is not close
necessarily to Sand Lake. However, it is close to
national waterfowl production area and quite a few lakes.
Why would the PUC not need an Environmental
Impact Statement recognizing how important all of those
waterways are and the national waterfowl production areas
and such?
THE WITNESS: Well, one, I've actually
personally put together EISs in in my career. I've
worked on many projects that have required EISs. And in
my experience, an EIS does not provide that much -- and
I'm not going to say no advantage. But it really doesn't
provide any more than what your current process or the
State of South Dakota's process provides today.
We document the conditions of the route. We
document the conditions of the surrounding landscapes.
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We document the threatened endangered species, the
wetlands, cultural resources, historic structures, the
demographic considerations, socio-economic.
We go through all the same motions in an EIS as
part of the South Dakota PUC's process. All of the
essential elements are squarely being contemplated as a
part of this process.
The form of an EIS, outside of a federal
action -- because there is no requirement for an EIS on
this project. On a state level the only thing we would
be doing at this point would be repackaging the
information that we've already submitted. I truly
believe that.
So the repackaging in my opinion is not going to
provide any more analysis, any more information, or any
more details that have not already been previously posed.
And with the questions and answers and the
Interrogatories as well as the opportunity for this
hearing, we've been able to provide and have been given
or afforded the opportunity to respond to all the
questions that the general public, as well as the
Intervenors, would have, the same opportunities they
would in an EIS format.
So in my opinion, the EIS, although valuable
from a certain scale, from a national perspective, on a
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regional basis I think at this point in the process it
doesn't really provide any additional benefit to the
process, other than packaging it in a different format
than what's already been submitted.
COMMISSIONER HANSON: Thank you. Ms. Baker
asked a number of questions about employees activities
and American-Indian casinos and what would take place.
I felt from your answers -- I won't testify for
you. I'll ask you the question. Well, does the company
keep a close aye on the activities of employees when they
are off site? And close is a relative term, I guess, but
the misadventures of employees that take place, whether
it's an assault and battery or DUI or whatever it might
be. You know, whether it's at an American-Indian casino
or whether it's in a small municipality, or whether it's
on a farmstead, I assume you have some type of standard
operating procedure dealing with those folks?
THE WITNESS: We do. And as a company, just
like all of us as -- I don't live in South Dakota, but as
Americans, we all have certain rights.
As a company I cannot infringe my rights or
limit their rights when they're not specifically employed
and under my direct control. So I have some boundaries I
have to work within.
However, that doesn't mean that we don't set
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expectations for our employees and our contractors. We
do.
The other things, these are all professionals.
These are highly trained individuals that move and rove
around this country and build projects, and in this case
energy infrastructure projects. Highly trained. All
family type people. They all respect the laws of this
country. They all abide by the laws of this country and
the states.
If there are certain laws that are broken during
the project, I mean, I would hope that that wouldn't
happen. I can't stop it. We try to hire the best and
highest quality individuals that we can. We do have
company policies that limit what their behaviors could be
when they're under our employment.
But simply at the end of the workday when they
go off to do what they're going to do, I can't control
their behavior.
Now if they do embark on something that's
unethical or immoral or whatever the case may be, I
certainly have a right -- it is an at-will situation for
a contract basis in the business world. So I have the
right to either terminate that contract, or require the
contractor to terminate that employee. Or if they're a
direct employee of mine, I have the right to get rid of
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them.
So in the cases of impropriety or whatever it
may be, I certainly would take those actions. I can't
control it.
Now I can ask our contractors and put in our
contract thou shall not go out on to the casino in any
uncertain terms, but that's an unenforceable condition.
So what I would rather focus on is hiring the best and
the brightest in the business to make sure we have
quality individuals working in this community for the
four to eight month time period.
I believe that's the way it's going to occur.
There's certainly situations I can't control, nor would I
have the authority to control. But we will do our best
to manage those expectations.
COMMISSIONER HANSON: Thank you. That's all the
questions I have.
COMMISSIONER SATTGAST: Good morning.
THE WITNESS: Good morning.
COMMISSIONER SATTGAST: Yesterday there were
several questions concerning conferring and consulting
with government entities. My two colleagues this morning
also visited about consulting and conferring with
government entities. I'm assuming that there are
government entities that are not in the direct line of
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the pipeline that you did confer and consult with.
So what is your policy concerning how to
determine which government entities you will sit down and
visit with and determining if they do have an impact on
the pipeline itself? What type of policy? Is it a
proximity or are there other factors that you take into
place?
THE WITNESS: It's really a multi-stepped
process. One, it could very well be we cross a piece of
property that's under a certain control either by
government organization or maybe nongovernment
organization but has some type of government funding
associated with it. That's one trigger mechanism that
could be Fish & Wildlife Service that we would
necessitate review.
On a state level in South Dakota we're
traversing through lands that are prescriptively managed
and/or reviewed by the State of South Dakota, either
regulatorily or by state statute or just by general
policy.
The Game & Fish division, we would consult with
them to get information on state level threatened
endangered species or even federally listed. So that's
more of a species concern.
The State Historic Preservation Office, we're
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required to consult with them. Or actually that's a
little bit of a tough one because under the Clean Water
Act, which we're required under Nationwide Permit 12 to
consider threatened and endangered species and cultural
resources, if we hit certain triggers, then
prescriptively we're required to initiate some form of
communication through the Corps of Engineers to those
agencies.
So it's not even directly us. It's through that
federal agency, to those state agencies, or to the U.S.
Fish & Wildlife Service.
As an Applicant, actually we don't have that
requirement because it's a federal requirement. And with
NEPA rules and regulations that requires us to -- that
requires the lead federal agency to have that
coordination.
Other examples could be the city of Tea. You
know, when we get close we may -- because we're close, it
may make sense, because we're going to be adjacent to
that community, immediately adjacent I should add, that
it makes sense for us to communicate with their emergency
responders, city officials, to articulate our plans to
make sure we're accommodating those level of concerns or
stakeholder involvement.
So it's really a combination of a lot of
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factors. But it all starts with does the pipeline touch
or does it influence a neighboring resource that could be
managed by some type of government entity.
Not to say that we always will. Because
sometimes even if we're adjacent to, we're not required
to. But we try to consult with everybody that we would
potentially impact along the immediate route.
COMMISSIONER SATTGAST: Second question, and
Commissioner Hanson kind of touched on this a little bit.
Talking about the lifespan of the pipeline. And we're
talking that, you know, it could be 100 years or so
depending upon the Bakken.
Just, you know, hypothetically in a situation
where, you know, the Bakken is not producing or the value
is not there for the Bakken to produce, can this pipeline
be used for other purposes beyond the Bakken then during
its lifespan, such as Canadian oil or another source?
THE WITNESS: In theory Canadian oil is probably
not very realistic because you would have to connect it
to Canada. The project originates in northwestern North
Dakota and doesn't connect to any other upstream
pipelines or connectivity other than the producing region
of the Bakken and Three Forks area.
In theory, sure. Any pipeline in North America
could be converted to a different use. Our intent and
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design of this pipeline is to transport Bakken crude oil.
We have no plans for its use in any other service.
If we did, we would probably have to file
certain things with different regulatory agencies, let
alone the landowners that we get easements from. Because
we're typically pretty specific on the type of product
we're transporting. In theory we could, but practically
I don't think that's going to happen.
COMMISSIONER SATTGAST: Thank you.
THE WITNESS: Yes, sir.
CHAIRMAN NELSON: These questions have prompted
more questions. Let me go back to Commissioner
Sattgast's question about other products.
Does this pipeline as designed have the pumping
capability to transport Canadian tar sand oil?
THE WITNESS: No, it does not. We would have to
modify the pumps. The steel could handle it, the pipe
itself, but the pumps would have to be redesigned and
configured.
CHAIRMAN NELSON: And I'm assuming additional
pumping stations added, perhaps?
THE WITNESS: Yes, sir.
CHAIRMAN NELSON: The other question I've got --
and you know that we don't have any jurisdiction over
your easement language or your land acquisition. But as
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we've been talking about the end of life of a pipeline,
my question is what language is there in your easements
regarding that?
Is there language that talks about if the
pipeline is not used for X number of years the easement
reverts? What kind of language is there in there for end
of pipeline time span?
THE WITNESS: It varies. We don't typically
have standard language. If we say anything, we say we'll
comply with the laws and regulations at the time.
I will tell you from a practical standpoint we
always have where we negotiate with the landowners and in
some cases agencies that have control over where the
abandonment occurs.
For example, if it was under a river that's a
navigable waterway under the Section 10 of the Rivers and
Harbors Act, the Corps of Engineers has rules in place
that require removal. In those instances we would remove
the pipe. But that's only true in certain circumstances.
Other circumstances is such that it's silent.
So we're compelled to abandon it with prudent procedures.
We remove the constituents, pack it with inherit
substance, and that could be nitrogen, for example, for
an inert substance. So we would abandon it in place.
And that would be in accordance with the rules and
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regulations.
Some landowners are okay with it. It's just as
impacting to remove the pipe as it is to install the
pipe. So most landowners in our experience actually
don't want you to remove the pipe. So we'd leave that up
to on a very individual basis.
And they have the option, depending on what we
negotiate, to leave the pipe in place. In some cases
they take ownership of it. In some cases we maintain
ownership of it and keep it buried.
So it's very individualistic. I don't really
have a standard protocol for how we operate in that
regard.
CHAIRMAN NELSON: I want to push just a little
bit harder on this. Not so much dealing with what
actually happens with the pipe. I'm more concerned about
what happens to the easement.
Is there language in any of your easement
agreements that allow the easement to be dissolved and
the landowner to go back to using the land as they wish?
THE WITNESS: There can be, and there are
certain easements that I've been a part of. We just
negotiated one that I was a part of last week that
actually when the line no longer is in operation and it's
officially abandoned, the land does revert back to that
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landowner. The easement terminates.
CHAIRMAN NELSON: So what I'm understanding is
that particular feature is something that can be
negotiated depending on the wishes of the landowner
you're negotiating with?
THE WITNESS: Yes, sir.
CHAIRMAN NELSON: I have no further questions.
Thank you.
MS. WIEST: Any other questions from
Commissioners?
Generally we would go to redirect, but usually
it's our practice that if any of the Intervenors have any
questions that were based on Commissioner questions that
they could ask those questions.
Did any Intervenors have any questions that were
specifically based on a Commissioner question?
MS. CRAVEN: I have a question about NEPA,
following up on Commissioner Hanson's question about the
EIS.
MR. RAPPOLD: Excuse me. I didn't mean to
interrupt, but at the last hearing we had with the
Keystone, the practice was redirect, all the parties got
to ask questions that were related to any other parties'
questions on cross-examination. From what it sounds like
you just said that now we're limited to questions from
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the Commissioners.
Is it limited to the Commissioners questions
or --
MS. WIEST: At this additional cross is. If
there's redirect, of course, then you have recross.
MR. RAPPOLD: So we're limited to just the
Commissioners' questions?
MS. WIEST: On this additional cross. Yes.
MR. RAPPOLD: Thank you.
MS. CRAVEN: Thank you very much.
RECROSS-EXAMINATION
BY MS. CRAVEN:
Q. So Commissioner Hanson asked you about -- I think
his question was why would the PUC not need an EIS
recognizing all the various waterways, and your answer
was that an EIS doesn't provide any more information than
what is being provided in this Application.
And I just wanted to ask one question about that --
or I have several questions actually, but initially do
you see a difference in having an evaluation done by an
independent party that doesn't have a vested economic
interest in a project as opposed to an evaluation done by
a party that has a large, vested economic interest?
A. I don't. In my opinion you're questioning the
professionalism of the individual. So I do not.
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Q. And there are differences. You say you're very
familiar with NEPA. You testified an EIS doesn't provide
any more than current process. Did you conduct an
analysis under the Executive Environmental Justice Act as
required under NEPA? Was that part of your analysis?
A. We absolutely considered environmental justice
concerns when we're doing our routing analysis.
Q. Explain that a little bit more in detail, please.
A. Well, an environmental justice analysis, and we've
articulated this inside our testimony, my direct
testimony, when we're routing the pipeline we do not
arbitrarily relocate the line into a demographic area
that has a different socioeconomic standing. So one area
that has money doesn't get the pipeline just because the
poor neighborhood can't fight us as well.
We don't consider those level of demographics as
part of our routing considerations. We do from a density
standpoint, but not socio-economic standpoint.
So we do follow through and we do consider
environmental justice considerations as part of our
routing analysis.
Q. And where in the Application can we find that data
or information?
A. Well, it's -- it's as part of our routing analysis,
and the statements that are made. I can't remember the
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exact line in my testimony, but we did mention that.
Q. But you can't point to the section? Could you
provide that?
A. I don't have the whole document memorized. I do
not.
Q. Okay. Did you conduct an ecosystem wide analysis of
impacts as required under NEPA?
A. Well, an ecosystem wide analysis is not required
under NEPA, number one. There's an alternative analysis
and a cumulative impact analysis. And we did do an
alternative analysis, actually a very detailed one, and
we did do a cumulative impact analysis for what was
applicable. And we didn't find any cumulative impacts
that were required to be disclosed.
Q. The CEQ guidelines do require an ecosystem analysis.
And I'm curious, if you've done these analyses, are they
available for us to look at? Because I don't recall
seeing any of this information.
A. All the dockets and all the data has been submitted
through the PUC. Now that's the point I made is that the
packaging in an EIS is strictly a packaging of the same
information. I can't help you sift through the data to
point you to that. That's not what my obligation is, to
help you get to those exact points.
We have provided the data as prescribed by the PUC,
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and we're not -- all the data's publicly available.
We've conducted the studies, except for the cultural
resources that are protected. But the SHPO office has
those studies.
Q. Oh, the SHPO's office has those studies?
A. They do.
Q. So when you say the SHPO's office has those studies,
you're talking about the studies regarding cultural
resources?
A. That's correct.
Q. So you're not actually talking about alternatives to
the pipeline or other kinds of alternative analysis,
which is actually -- you know, sometimes you get an
alternative routing, you know, we should do it this way
as opposed to doing it that way.
So you're just saying that your analysis is
regarding cultural resources?
A. No. No. That's not what I said at all.
Q. So why does the SHPO's office have that?
A. Okay. The SHPO's office is responsible for the
review of cultural resource data.
Q. Yes.
A. Okay. So we submit our cultural resource data to
them for review. Which we have done.
The docket we submit our alternative analysis,
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different dockets, different documentation. That has
been provided. It's two different things that I believe
you're joining together in what my statements were.
Q. I think your last statement about that can be found
in the SHPO's office is what confused me.
A. For the cultural resources, that's correct.
Q. Just the cultural. Did you release the Revised
Application and exhibits for public comment prior to
submittal to the PUC?
A. No.
Q. Okay. That would be part of the robust public
participation that an EIS would provide.
Did you submit the Revised Application to EPA for
review and comment as required under NEPA?
A. Well, again, this is a state level project, so the
EPA and the State of South Dakota may or may not be
contributor to the NEPA document. I don't know. But,
no, we did not. And, again, as I've mentioned, it's a
repackaging of the data. So under the rules for the PUC
we've provided it, which is public information at the
time. It's just not packaged in the same format of an
EIS.
Q. Did you prepare a range of alternatives to the DAPL
route and analyze -- I'll stop there.
Did you prepare a range of alternatives to the DAPL
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route?
A. We did.
Q. And did you analyze the relevant impacts and
comparative methodology as required by NEPA?
A. We did.
Q. Where? And where can we find that? I know you said
it's not up to you to point, but what would that document
be called?
A. The alternative analysis.
Q. Did you evaluate potential impacts of DAPL on the
Sioux Nation treaty rights as required by NEPA?
A. I don't believe that's required by NEPA for me to
evaluate those rights. That would be up to the lead
federal agency.
Q. Did you invite federal or state or tribal agencies
to assist with preparation of the Revised Application as
cooperating agencies as required under NEPA?
A. Again, this is not a federalized project, so the
answer is, no, we're not required to.
Q. And those would be some of the things that the EIS
would provide.
NEPA requires that a Draft EIS is published, the
agency must receive public comment, and respond in
writing.
Did DAPL publish the Revised Application, receive
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public comment, and respond to those comments in writing
in the Revised Application?
A. We did not. And your analysis is trying to compare
a state level Application to a federalized NEPA process.
As I have said, this is not a federalized project.
That's been clear from the federal agencies. There's not
a lead federal agency to handle the things that you're
talking about.
A NEPA document discloses those things that you're
talking about, but it's up to the lead federal agency to
reach out and do those consultations. It's not incumbent
upon the Applicant to do that. It's the government's
responsibility under NEPA that governs their actions.
Q. Well, Mr. Mahmoud, may I remind you that you
testified to Commissioner Hanson that an EIS doesn't
provide any more information than what you've provided,
and it seems that it would provide quite a bit more.
A. No. That's not what I -- I said the document itself
does not disclose any additional data that we haven't
already provided. The process of a federal NEPA
document, the NEPA document generation, the NEPA process
executed by a Federal Government, is a lot different than
what the state PUC is doing. Those are two independent
things.
You can't confuse the NEPA process with the EIS
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document. They're independent actions and thoughts.
One's the product of the NEPA document. The other one's
the actual coordination of.
So I don't want you to misconstrue or misstate the
facts of what an EIS is and what the NEPA process is
under a federal action, because those are independent of
each other, and they're certainly not what I said to
Commissioner Hanson earlier.
Q. I know that -- never mind.
Okay. Regarding safe drinking water and safety to
people, the route -- the pipeline actually crosses the
Missouri River twice; is that correct?
A. Yes.
Q. Okay. And that's a source of drinking water for
many South Dakotan people. Is there a reason it crosses
the Missouri River twice?
A. It has to cross the Missouri to get from point A to
point B. There's no choice.
Q. There's no choice? You couldn't go east out of
Williston and then down around the Missouri River? You
had to go out across it not once, but, twice?
A. The way where the production area is located to pick
up the crude oil in the gathering zones of the project
there's no other way but to cross the Missouri River.
Q. We inquired about that and DAPL refused to answer
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our Interrogatories regarding a potential release of oil
at the Missouri River crossings. And you have said
you're familiar with the Clean Water Act. You responded
that to one of the Commissioners' questions. The act
specifically authorized extra territorial enforcement.
Why did you all refuse to answer those questions about
the potential water pollution at the Missouri River
crossings?
A. I don't remember the questions you're talking about.
If you provide them, I can read it and try to give you an
answer.
Q. And I just have a question for clarification. Oh,
one other Clean Water Act.
You testified that you were familiar with the clean
water -- are you familiar with the extraterritorial
conditions of the act in which the jurisdiction may
enforce its water quality standards on its upstream
source of discharge?
A. Somewhat I'm familiar with that.
Q. Okay. Just a point of clarification because I know
Mr. Edwards is going to -- or another person -- is it
Frey or Edwards? But they say that they're the vice
president of engineering, but you're also the vice
president of engineering.
Are you both vice presidents of engineering?
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A. We are. I'm not an engineer. He is a professional
engineer. Our titles are the same when it comes to
certain aspects of our job responsibilities. I oversee
-- my responsibilities and experience is the execution
and movement and development of these energy
infrastructure projects. So I have a broad sweep of
skills and understanding and knowledge and whatever else
it takes to do my job.
Chuck's responsibility is he's vice president of
engineering. He's a degreed professional engineer, and
his role in our company, he heads up our liquids
engineering group for our entire company.
Q. Do you know how many pages are in the Application
about the alternatives to the DAPL route?
A. I don't. But I clearly just heard that it's two
pages from your colleague.
MR. CAPOSSELA: Good ears.
THE WITNESS: I just heard it. But thank you.
MS. CRAVEN: That's all. Thanks.
MS. WIEST: Are there any other questions based
on Commission questions?
MR. RAPPOLD: Yes.
MS. WIEST: Mr. Rappold.
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RECROSS-EXAMINATION
BY MR. RAPPOLD:
Q. Chairman Nelson asked you some questions about your
corporate structure, particularly as it relates to
liability. And you indicated that you would provide that
documentation at some point.
When are you going to provide that documentation?
A. It actually has already been provided. And one of
the data request questions we provided a response that
listed the -- it wasn't a corporate org. chart, but it
was a statement of our organization as well as the
ownership of the project.
Q. I understand that some of that information was
provided in your discovery responses, but Commissioner --
Chairman Nelson didn't ask you about what information you
provided in discovery. He asked you when you were going
to submit -- he asked you if you could submit that
documentation to the Commission, and you said yes;
correct?
A. Yes, I did.
Q. And I asked you when are you going to submit that
documentation to the Commission?
A. Oh, sorry. I misunderstood your question.
Q. Do you understand it now?
A. I do.
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Q. When are you going to submit the documentation to
the Commission?
A. When I get back to Houston.
Q. When will we receive that information?
A. When I submit it to the Commission and they provide
it. I can't speak for them.
Q. You can't submit that directly to us?
A. I would have to ask my attorney what the process is.
So I don't know.
Q. Will we have an opportunity to review that
information as part of these proceedings?
A. I would assume it's public. I don't know that I can
answer these questions directly.
MR. RAPPOLD: I see Commissioner Nelson nodding
his head.
MS. WIEST: My assumption would be that the
document would be filed within the docket.
MR. RAPPOLD: Thank you.
Q. Also regarding the corporate structure, I want to
clear this up a little bit. How many companies are there
that are your parents, so to speak? Three?
A. For Dakota Access Holdings --
Q. Okay.
A. Well, Dakota Access, LLC, there are three ultimate
partners inside of the ownership of the project.
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Q. Okay. And they are?
A. Sunoco Logistics, Energy Transfer Partners, and
Phillips 66.
Q. Okay. Yesterday you testified that Sunoco Logistics
was just going to be operating the pipeline.
A. No. They are going to be operating under an
operating agreement with our operating company.
Q. Okay. And they haven't entered into that agreement
yet; correct?
A. We're working on it right now.
Q. And that means they haven't entered into that
agreement; correct?
A. That means we have entered into it verbally. I've
had conversations with Todd Stamm back here, and we've
entered into a verbal agreement. Now we're working on
papering that agreement. So we have entered into an
agreement.
Q. Do you have a paper agreement signed that could be
submitted to the Commission today?
A. We will not submit our paper agreement in any form.
It's a -- we may confidentially, but not publicly.
Q. If Administrative Rules regarding confidential
documents were asked to be followed today and applied and
you received confidential treatment for the document that
you would request confidential treatment for, would you
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be able to file that today?
A. I would have to consult with my attorneys. I don't
think I would. We would try to protect that document.
Q. It's not -- your answer's just not responsive to my
question.
A. Then it's not responsive.
Q. Regarding Sioux Falls, can you tell me what the
depth of the pipeline will be in the area near the
landfill?
A. I believe we've agreed to 48 inches as our minimum
depth through that area.
Q. Is there also a gas line crossing within the City of
Sioux Falls?
A. The City of Sioux Falls landfill has a natural gas
or -- a gas line that comes out of the landfill.
Q. Are there any other lines that are like closer to
within the city districts that you're aware of?
A. We'd have to ask Jack. I'm not 100 percent sure. I
know we cross other pipelines.
Q. And who gets to make the final determination
regarding high consequence areas, including unusually
sensitive areas?
A. Chuck Frey.
Q. He gets to make that final determination?
A. From a corporate perspective. He's our person
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that's responsible for it.
Q. I'm talking about from like a permitting
perspective.
A. Oh, that's left up to the -- how the rules are. The
DOT provides the guidance, and then it's up to the
Applicant to interpret those to meet the intent of the
law.
Q. But you don't have the final say so; correct?
A. Well, I don't know who has the final say so. I know
in our organization Chuck Frey has the responsibility.
Q. Right. But I'm talking about when it gets outside
of your organization to a permitting body.
A. Well, I'll have to ask Chuck.
Q. Ask Chuck?
A. Uh-huh.
Q. Okay. And you indicated that you would not change
the route if there's any high consequence areas that are
identified?
A. I indicated we would not change the route for the
question that was asked earlier for that crossing.
Q. Are there any other maps that have been submitted by
any party that are more accurate than your maps?
A. I could not answer that.
Q. Would you have to look at all the maps to find out?
A. I would.
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Q. Okay. Have you received any notification from the
Army Corps of Engineers that your proposed project will
have no effect on any listed endangered or threatened
species?
A. No.
Q. No. Have you received any written notification that
your project will have no potential to cause effects on
historic properties?
A. No.
Q. Is it possible that you could receive notification
that an -- from the Army Corps of Engineers that an
individual Permit is required because you don't meet the
requirements for the nationwide Permit?
A. I guess in theory.
Q. Does the law, to your knowledge, provide the Corps
of Engineers an opportunity to tell you that you don't
meet the requirements for a nationwide Permit?
A. It does.
Q. So in actuality you could be told by the Army Corps
of Engineers that your project does not qualify for a
nationwide Permit; correct?
A. They could. And we would know that by now.
Q. But you haven't received that information, have you?
A. We've received communications from the corps that
would qualify for Nationwide Permit 12.
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Q. Would you agree that one of the benefits to a state
Environmental Impact Statement would be that it would
require any adverse environmental effects that cannot be
avoided if the proposal is implemented to be included in
the analysis?
A. I don't -- maybe you can ask that question in a
different format.
Q. Do you know specifically what the requirements are
for a South Dakota Environmental Impact Statement?
A. No. I have not read those.
Q. Do you know what law governs it?
A. I mean, I read it in your brief.
Q. So you don't know what the actual requirements are
for a South Dakota EIS?
A. I somewhat do because it references back to the
requirements under the federal program.
Q. You somewhat do. So you really can't say what the
benefits would be because you're not that familiar with
it, are you?
A. Well, no. In my opinion I absolutely can say that I
don't think it's going to provide any additional benefit
than what the dockets already show in the data that's
been provided.
Q. Did you provide any information in your Application
regarding any adverse environmental effects that you
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can't avoid?
A. We disclosed what our impact analysis was.
Absolutely.
Q. Name an adverse environmental effect that cannot be
avoided.
A. Well, the term's adverse. I guess we would have to
look up that definition.
I'll say in areas where we cannot avoid wetland
because of whatever routing concern or constraint that we
have, that would be an unavoidable impact, as an example.
And we disclosed where those locations are.
Q. What about the long-term effects?
A. Of what?
Q. Of the pipeline.
A. In what regard?
Q. The long-term effects of the pipeline regarding
environmental impacts?
A. In my opinion there are none.
Q. There are none?
A. No.
Q. So would it be an environmental impact, do you
think, if in 10 years from now the growth that's taking
place in the Sioux Falls area expanded over where the
pipeline would be built? You wouldn't consider that an
environmental impact?
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A. No.
Q. Or a long-term effect?
A. No.
Q. No. What would you consider it then?
A. I would consider it growth of that community around
the pipeline.
Q. And you wouldn't think that there's any possibility
that there could be some sort of impact or effect on that
community and the people that live there?
A. I live in a world where there's literally hundreds
of thousands and millions of miles of pipes that run
through communities across people's front and backyards,
on ranches and farms, and for some -- some reason we've
coexisted.
So, no, I do not think that a pipeline is going to
detrimentally affect that community.
Q. If you worked for a different -- strike that.
Have you secured the contract with Michels
Construction?
A. As I indicated yesterday, we are in the final
process of doing that.
Q. And they built the Keystone I, didn't they?
A. They built some of the pipe for Keystone or
TransCanada. I don't know all the extent. That was one
of their references.
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Q. I believe yesterday you testified they built the
whole thing?
A. I testified that they built parts of Keystone.
Q. So would they be responsible for the 98 percent
corrosion rate?
A. The 98 percent what?
Q. Corrosion rate that was discovered down in Missouri.
A. I have no idea what you're talking about.
Q. You don't know anything about that?
A. No.
Q. Really?
A. It's not part of my company. I have no idea what
you're talking about.
Q. You don't keep up with, like, other things that are
happening in the industry that you work in?
A. Well, of course I do.
Q. So you don't know anything about 98 percent
corrosion rate on the Keystone I Pipeline?
A. I do not. It's not my business.
Q. Would you agree that the Keystone I Pipeline is a
business that's in the same industry as you?
MR. KOENECKE: I'm going to object. This is far
outside the scope of cross or the Commissioners'
questions and is not relevant to this proceeding at all.
MS. WIEST: Sustained.
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MR. RAPPOLD: Could I have an opportunity to
respond?
MS. WIEST: Go ahead.
MR. RAPPOLD: Thank you. I think it is relevant
because the same company that built the first pipeline,
Keystone, which travels through eastern South Dakota that
had 14 leaks in the first year of operation is in the
process -- we don't know how far along in the process,
but in the process, nonetheless, of entering into an
agreement to build this pipeline.
And I think their record and some of the things
that have happened on the Keystone I are certainly
relevant to the -- to the question that's before the
Commission today; can they satisfy the burden of proof
under the law.
MR. KOENECKE: Counsel's testifying as to facts
that are not in evidence. He's produced absolutely no
witnesses whatsoever and certainly not one to testify to
any of the things that he's talking about over there.
This is far outside the proprieties, Ms. Wiest.
Thank you.
MR. RAPPOLD: How am I supposed to respond to an
objection without talking and saying things? I'm not
testifying. I'm responding to an objection.
MS. WIEST: Yes. And the objection is over --
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the objection is sustained on the basis that I believe it
is outside of the scope of the Commissioner questions.
Did you have any other questions Mr. Rappold?
Q. You didn't actually meet with anyone in Harrisburg
that has the decision-making capacity regarding how
Harrisburg feels about the location of the pipeline, did
you?
A. No. We did.
Q. I thought you said you didn't.
A. That's not what I said. I said I couldn't remember
their names.
Q. Okay?
MR. RAPPOLD: No further questions.
MS. WIEST: Did any other Intervenors have any
questions based on the Commissioner questions?
MS. BAKER: Yes. Thank you. Jennifer Baker for
the Yankton Sioux Tribe.
RECROSS-EXAMINATION
BY MS. BAKER:
Q. There was a question, I believe, from Commissioner
Nelson, Chairman Nelson, about routing, and you discuss
briefly that you might vary the route a little bit here,
I think you said 100 feet or so depending on the
circumstances and what you come across.
How do you decide whether to avoid unanticipated
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discoveries when it comes to historic properties,
cultural properties, things of that nature?
A. It would very much depend on what it was. So if we
came across an unanticipated discovery, we would follow
our unanticipated discoveries plan. And that plan spells
out -- we would stop work. We would bring in an
archeologist, or the appropriate person to help us
understand what that resource was, and then consult with
the appropriate agency, either the Corps, the SHPO
directly, the coroner if it's bones just depending on
what that was. And if it was a property like a
structure, again, it would be determined upon what that
structure was.
Q. Okay. So what would justify a shift in the route
when it comes to unanticipated discoveries?
A. It could be if we unearthed a body we certainly
would reroute, depending on what that body -- there's
different classifications. If it was a burial site, we
would certainly reroute, stop what we were doing.
Unfortunately we've run across bodies that are not
associated with a burial site but could be somebody that
was murdered and buried which is unfortunate, but that's
happened to us.
In that circumstance we would work with the
sheriff's office and coroner's office, and they would
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remove the body, and we would continue on. That would be
an example.
Q. Is there anything besides a burial that would be
grounds to shift the pipeline?
A. Yes.
Q. Can you give some examples of that?
A. It could be a culturally significant site that
has -- the archeologist determined has some level of
importance. I'm not going to define what the importance
is other than somebody else would define what that level
of importance was. But we would work with the proper
authorities. And if it was determined to be of
importance at some level, then we would consider and/or
move the pipeline.
Q. There was questioning about an EIS, and you liken an
EIS to the State of South Dakota's process.
Who conducted the environmental studies that were
done that you compared to the EIS?
A. The studies that were done for this docket?
Q. Yes.
A. We had multiple consultants do those.
Q. Okay. You say we had. Who retained those
consultants?
A. My company.
Q. Okay. So is it fair to say -- strike that.
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They're not impartial, neutral third parties then,
are they?
A. Well, they are. They're professionals that conduct
themselves in a professional manner. Somebody's got to
pay the bill under a third-party scenario for an EIS,
which I have done many, many times, by the way. I'm
still paying for the third party to be done.
Just because it's under the guise of an agency means
nothing more in that scenario to that professional
writing that document compared to working directly for
the company. I think that's a pretty bad assumption on
your part.
Q. Thank you for that.
A. You bet.
Q. What geographically does the Fish & Wildlife Service
environmental assessment cover?
A. What was the first part?
Q. What geographically does the Fish & Wildlife Service
EA cover?
A. The EA that's currently being evaluated?
Q. Yes.
A. So there's the one that's being evaluated now.
There's actually two. One is for the crossings of the
easement areas by the Fish & Wildlife in North and South
Dakota. So that encompasses the easement areas
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themselves.
Then we're also working on an environmental
assessment with the U.S. Army Corps of Engineers for what
they call the Section 408 process. And their process
encompasses just those crossings, and that's the limit of
the U.S. Fish & Wildlife review area.
Q. Is it safe to say that an EIS would cover more
geographically than the Fish & Wildlife Service's EA
covers?
A. Depending on the scale, sure. If it's a national
EIS, it would cover all the components. If it's a state
level EIS, it certainly could depending upon what the
breadth of the scope may be.
Q. Do you conduct background investigations of your
employees?
A. For our direct hires we do.
Q. Do you hire felons?
A. I'm not -- I don't think so, but I can't say yes or
no.
Q. You don't know if it's your policy to refrain from
hiring felons?
A. I'm not in our human resources department. I can't
answer that. I don't know.
Q. Okay. What about sex offenders? Do you hire sex
offenders?
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A. I don't think so.
Q. Is that against your policy?
A. I don't think it specifically says that, no.
Q. Okay. So why would you think that you don't hire
sex offenders?
A. I just don't think that we do, but I can't say that
for sure.
Q. You said that you have the right to terminate
contracts or have contractors terminate contracts for
misconduct. How is that discretion exercised?
A. It's -- well, one, it's squarely in my discretion.
So if I believe that a contractor's acted inappropriately
or an employee of a contractor's acted inappropriately, I
have the discretion contractually to terminate that
person from our project.
Q. Okay. Are there set standards that you follow?
A. Sorry?
Q. Are there set standards that you follow?
A. I don't have a written policy. I have what my
opinion is in the authority and delegation of my company
to inflict my opinion.
Q. Getting back to the EIS just for a second. In
explaining why you believe the state process covers as
much as an EIS, you said it's up to the lead federal
agency to be responsible for analyzing the impact on
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treaty rights when it comes to a federal EIS.
So who's responsible, since there's no lead agency
in this particular proceeding, for assessing treaty
rights?
A. There is none.
MS. BAKER: Thank you. I have nothing further.
MS. WIEST: Were there any other cross questions
based on the Commissioners' questions? Ms. Northrup?
MS. NORTHRUP: Yes.
RECROSS-EXAMINATION
BY MS. NORTHRUP:
Q. Good morning.
A. Morning.
Q. Just following up on a question that Commissioner
Nelson had asked in reference to the liability.
My understanding is that your testimony is that the
buck kind of stops at the parent company for liability if
there was a spill; is that correct?
A. Yes, ma'am.
Q. And do each of those three companies have a fund set
aside in excess of what would be required under federal
or state law for spill protection or spill clean up?
A. We don't have a fund, per se, but what we do is we
have corporate insurance programs and we have corporate
cash reserves that could be relied upon in the event of a
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spill.
Q. So I assume that each of the companies would have an
insurance policy that would cover that?
A. Absolutely.
Q. Is the company willing, under confidentiality, to
submit those limits to the Commission for their
consideration?
A. No. We're not.
Q. Does Dakota Access Pipeline have an insurance policy
directly that would cover spills?
A. Yes, we do.
Q. Would you be in a position to submit that?
A. No.
Q. Liability limit?
A. I would not.
Q. There were some questions asked by Commissioner
Hanson in reference to unusually sensitive areas.
Would Mr. Frey be in the best position to describe
what analysis you went through to determine what may or
may not be a USA?
A. I think between him, from an engineering
perspective, and Monica, from an environmental analysis,
depending on the concept of your question, one of those
two would.
MS. NORTHRUP: Thank you. I have no further
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questions.
MS. WIEST: Any other cross? Ms. Best.
MS. BEST: I do have a question about this
insurance thing.
RECROSS-EXAMINATION
BY MS. BEST:
Q. You have already agreed to submit to the PUC under
confidential cover what the insurance limits are for your
contractor, Michels, but you are refusing to submit to
the PUC under confidential cover what the insurance --
liability insurance limits are for any -- for either your
corporation or your parent corporation; is that correct?
A. That's correct. I consider that to be very
proprietary, corporate information. If compelled we
would, but voluntarily I would not.
MS. BEST: I don't know if this is the
appropriate time or not, but I don't want to waive this
opportunity. I would move -- make an oral motion to the
Commission moving that the -- both the -- to compel
Dakota Access to provide the PUC under confidential cover
with its -- a copy of its insurance policies, liability
insurance policies for both Dakota Access and its parent
corporations and affiliates.
MS. WIEST: Did you have a response,
Mr. Koenecke?
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MR. KOENECKE: I do, Ms. Wiest. I need a break
to confer with my client about his thoughts and
reasonings, and I would ask for 15 minutes to do that.
MS. WIEST: Actually is this an issue that needs
to be decided right now, or is it something that after
you've had a chance to confer we can come back and
discuss this? Or you would prefer to determine it now?
MR. KOENECKE: It seems like a natural point to
do that.
MS. WIEST: Okay. We'll take our break right
now then. 15 minutes.
(A short recess is taken)
MS. WIEST: Ms. Best or Mr. Koenecke, we left
when you were talking about the Motion To Compel.
MR. KOENECKE: Thank you, Ms. Wiest. I did ask
for a break, and I appreciate that indulgence. I was
able to confer with my client. We're going to resist
vigorously providing the requested insurance policies.
They have proprietary and business confidential
nature that's very sensitive to my client. We are
requesting that the motion not be heard at this time but
that we be given a chance to develop our arguments more
fully in a more robust fashion so that the Commission can
have the benefit of some of our thinking on the topic.
As you can imagine, we've got a lot of moving
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parts over here, and to be asked to shift gears as to why
insurance requirements shouldn't be provided is more than
we can handle at this time.
I will tell everybody, I want to preview, that
that we are going to resist vigorously. We think we've
got solid reasons for doing so. We're not just saying
no. We're saying no for a reason. We want to develop
that fully.
So I had asked Ms. Best during a break if that
was going to be something that she could understand and
agree to. I'll let her speak to that. But I don't want
anybody to have the impression that we're in a position
to provide those insurance policies. We're not.
Those are very sensitive documents. And I do
request more time to respond to that oral motion.
MS. WIEST: Did you have a response, Ms. Best?
MS. BEST: Yes. It's my understanding that the
company is likely to provide a written response, and we
would like also an opportunity to respond to that. And
we certainly understand that it cannot be handled this
morning when there's other ongoing hearing involved.
MS. WIEST: Did you have any time frame for your
written response, Mr. Koenecke?
MR. KOENECKE: I'd like to handle the matter,
you know, no earlier than on -- you know, prior to
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rebuttal next week. I need the weekend to put something
together in this regard.
MS. WIEST: Okay. Did you have something, Mr.
Rappold?
MR. RAPPOLD: Yeah. It seems like this is a
situation that would trigger the requirements of an
Administrative Rule addressing confidentiality of
information, and I'd like to suggest that that's also
something that we should follow.
MS. WIEST: Yes. And any motion we would
consider it, to the extent that the Commission would
grant that, we certainly would look at the
confidentiality and filing under that.
MR. RAPPOLD: I'll get the rule.
MS. WIEST: Okay. Did you have any further
questions, Ms. Best?
MS. BEST: Yes. If I may. I realize that the
hearings are ongoing, and the Commission would like to
rule on that Motion To Compel. I'd like three days to
respond after Mr. Koenecke files his written position.
MS. WIEST: Okay.
MS. BEST: And then also at this time I would
move admission of Sioux Falls Exhibit A, which is the map
that the parties have been referring to throughout the
morning.
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MR. KOENECKE: No objection.
MS. WIEST: Is there any objection to the
admission of Sioux Falls Exhibit A, the map?
MR. KOENECKE: No objection.
MS. WIEST: If not, it has been offered and
admitted.
Anything further, Ms. Best?
MS. BEST: Thank you. Nothing.
MS. WIEST: Any other questions based on
Commissioner questions from other Intervenors?
If not, any redirect, Mr. Koenecke?
MR. KOENECKE: I have a few questions.
REDIRECT EXAMINATION
BY MR. KOENECKE:
Q. Mr. Mahmoud, you were asked questions about how and
whether you'd communicate the fact that a spill had
occurred to people who were impacted. Do you remember
that line of questioning?
MS. BAKER: Objection. This question does not
speak to anything that was asked by the Commissioners.
MS. WIEST: No. This --
MS. BAKER: I'm sorry.
MS. WIEST: This is redirect for everyone.
MS. BAKER: Thank you.
A. Yes, I do.
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Q. It's your testimony that the Applicant will report
according to laws that are applicable; correct?
A. Yes, it is. We will respond to or we will
communicate with the local emergency responders and any
other affected parties that would be impacted.
(Counsel hands witness iPad.)
MR. RAPPOLD: Could we be informed what the
witness was just handed.
MR. KOENECKE: As soon as I get back to my
microphone.
MR. RAPPOLD: Thank you.
Q. Mr. Mahmoud, I've put in front of you a iPad with a
page up from South Dakota Codified Law. Do you see where
it says 34A?
A. I do.
Q. Can you start reading at that point?
A. Sure. 34A-18-9, "Reports regarding spill, each
crude oil pipeline operator that experiences a spill
shall file a written report with the department within 30
days of discovery of the spill. If the spill, one, is a
five gallons or more or, two, causes an explosion or fire
or, three, causes the injury or death of any person."
Q. So if that's state law on the topic of spill
reports, are you going to follow that?
A. We are. And we would -- we would follow that to a
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T, of course, and we would certainly respond to and
communicate with the emergency responders and any
affected party in advance of this requirement of 30 days.
Q. Thank you.
I believe that yesterday you were asked about
emergency response training. Do you remember that?
A. Yes, sir.
Q. It's my understanding that you're going to provide
emergency response training for affected units of local
response agencies?
A. Our intent is to coordinate with and provide
training and coordination with the local emergency
responders or first responders as much as we can and as
much as they want us to.
We have a program in place that we work with those
community first responders. We've already initiated
that. We've met with every emergency responder
organization on a county level across all 13 counties.
We've already had those communications not just once, but
multiple times.
We have a program -- and Todd Stamm can go over what
the program is --- with our operations group that we do
on an annual basis with emergency responders to ensure
that the communities are prepared in the event of an
emergency.
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Q. If an agency wanted to participate would you exclude
them for any reason?
A. No. It's open to everybody.
Q. Do you know whether road use agreements are fairly
common for project construction?
A. They are very common.
Q. And you expect to enter into road use agreements
with every affected local unit of government?
A. We do. If we affect anybody's roads, we will
certainly enter into a road use agreement with them.
Q. So what I understand is if somebody owns a road and
you expect to use it for construction, you expect to
enter into a written agreement with them as to your use
of their road?
A. If they require a written agreement, we absolutely
will.
Q. Yesterday Mr. Boomsma asked you about whether you'd
pay a landowner for crop damages for one to three years.
Do you remember that line of questioning?
A. Yes, I do.
Q. Is it your understanding that the project is paying
crop damages upfront for one to three years?
A. We're paying crop damages up to three years. So not
one to three years, but the full value for that
three-year period.
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Q. And then the project is responsible for lost yields
or crop damages past that period?
A. We are. We are committing to and are obligated to
paying for any damages that occur as a result of our
pipeline in the form of crop yield reduction and/or other
damage, for that matter.
Q. Would other damage include spill damages?
A. It could. Sure. It could include spill damage. It
could include subsidence of the ditch. Anything that we
cause we are certainly responsible for.
Q. Any damage from construction or operation?
A. That's correct.
Q. Is the responsibility of the pipeline?
A. It's the responsibility of Dakota Access, yes.
Q. Does the easement say that?
A. It does. We specifically indemnify the landowner
from any of our actions that would result in damage to
their property.
Q. You were asked about restoration of people's
property yesterday, I believe both after a spill and --
if there should be one, or after construction; is that
correct?
A. Yes.
Q. At what point would you give up on restoration
efforts of someone's property?
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A. In either case we would not give up. It's our
policy. It's our practice and our commitment that if we
have an impact to someone's property, we know it's
intrusive. We know we're coming in to put this pipeline,
and our commitment is that we will repair and restore the
right of way to its prior disturbance condition in no
uncertain terms.
Q. Have the parent companies, Energy Transfer or
Phillips 66, provided guarantees as to the -- their
responsibility for a spill?
A. They have. Each of our parents, and Sunoco
Logistics, will in the same manner, have entered into
written agreements guaranteeing the performance of Dakota
Access, LLC.
Q. Would you be -- would you be willing to provide
those under Protective Order?
A. We would.
Q. Are you familiar with the rules on high consequence
areas for construction?
A. In general terms.
Q. Those rules don't require a route change in order to
conduct through a high consequence area?
A. They do not. They provide a framework for adding
additional protective mechanisms, be it valves or some
other form of protection to protect the environment or
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the HCA.
Q. I believe it was your testimony that the route
doesn't cross any HCAs in South Dakota?
A. In South Dakota we do not cross any HCAs.
Q. But if you did, you would follow the rules?
A. We would. We've gone above and beyond already in
the rules as part of our siting criteria and our
analysis. We have a certain number of valves that would
be safe and prudent to do. We're putting in 40 valves.
You know, not to say that each valve is spaced at this
quantity, but that averages about a valve every 6 miles.
We did that for a reason. We did it because we
believed that it was prudent for us to have additional
valves in certain places to ensure the protection or the
increased segmentation of the pipeline to isolate for
sensitive areas.
Sioux Falls is a great example. We understand the
sensitivity around Sioux Falls. We understand the
potential for future growth. We have placed additional
valves in that area. We have also enhanced our Emergency
Response Plan to add additional emergency response
equipment and agreements, to have those in place to
protect that community or surrounding communities.
So we are taking those steps -- excuse me. We are
taking those steps to ensure protection of the
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environment, as well as the communities that we cross
near.
Q. My final question is in the event an alternate use
was developed for the pipeline in the future, would you
commit to coming back to this Commission for a Permit
proceeding of the amendment, perhaps, in order to use
an -- or have an alternate use for the pipe?
A. We would.
MR. KOENECKE: I've got nothing more. Thank
you.
MS. WIEST: Ms. Baker, did you have any recross
based on redirect?
MS. BAKER: No. Thank you.
MS. WIEST: Mr. Rappold?
MR. RAPPOLD: Just a few.
RECROSS-EXAMINATION
BY MR. RAPPOLD:
Q. In determining what company to work with regarding
the operation agreement, what -- operation agreement for
operation of a pipeline, what process did you go through
to kind of check out the qualifications and capabilities
of different companies to do that service?
A. Well, we own Sunoco Logistics. We did an evaluation
of our internal companies, internal affiliates. And we
mostly operate all of our companies under two umbrellas,
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Sunoco Logistics and Grange Acquisitions, which is just
another operating company.
The Sunoco Logistics operates the crude assets. So,
plain and simple, that made the most sense to us. And so
we're going to enter into an agreement with them to
operate.
Q. And how long have you owned Sunoco Logistics?
A. Going on three years, I believe.
Q. Are you familiar with any of their safety records
with PHMSA?
A. In general terms, but Todd Stamm certainly is.
Q. I'm sorry. You said Todd?
A. That's correct.
Q. Okay. Thank you.
Would you have any knowledge of notices received of
potential violations from PHMSA?
A. From who?
Q. PHMSA.
A. PHMSA?
Q. I'm sorry. I pronounced that improperly. PHMSA, is
that the proper way to pronounce it?
A. It is. PAMSA would have different letters.
Q. Put that A in the wrong spot so would you be aware.
Back to the question of any notices received from PHMSA?
A. I am aware of some. I can't speak to any detail,
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but again, Mr. Stamm, who's here, certainly can.
Q. I'll probably ask him too.
Are you aware of notices received regarding failure
to comply with reporting requirements for accidents?
A. No, I'm not.
Q. You're not aware of that?
A. No.
Q. Okay. But you think Todd might be?
A. I do.
MR. RAPPOLD: Okay. Thank you. I have no
further questions.
MS. WIEST: Ms. Craven, did you have any?
MS. CRAVEN: Thank you. No.
MS. WIEST: And Mr. Boomsma is not here.
And Ms. Best.
MS. BEST: Nothing. Thank you.
MS. WIEST: Ms. Northrup.
MS. NORTHRUP: I have no questions, Ms. Wiest,
but just for the sake of the record, I would request a
copy of the guaranteeing agreements that Mr. Koenecke and
Mr. Mahmoud referenced in their testimony. They said
they'd be willing to provide those. I would just make a
motion that they would provide those.
MS. WIEST: I would assume you were filing them
in the docket. Would that be correct, Mr. Koenecke?
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MR. KOENECKE: We will under protective
confidentiality provisions in effect.
MS. WIEST: Okay. Thank you.
MR. RAPPOLD: Would that fall under existing
confidential treatment orders from the Commission?
MS. WIEST: It should. The confidentiality
orders will apply to that. They can file it as
confidential, and then it's treated as confidential.
MR. RAPPOLD: Thank you.
MS. WIEST: Staff, did you have any other
questions?
MS. EDWARDS: Staff has no recross. Thank you.
MS. WIEST: Commissioners?
CHAIRMAN NELSON: I have one.
Mr. Mahmoud, you've been very forthright in
talking about your company's willingness to continue to
pay for any documented crop production losses that would
extend beyond three years, any other damages that might
extend beyond three years that link back to the
construction of a pipeline.
There's been some allegation that there will be
property value loss to landowners that will extend into
the future. Is your company willing to compensate for
property value loss that would extend beyond three years?
THE WITNESS: When we do our evaluations, we go
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through and we do a property valuation, and we do
appraisals for each property or land that we traverse.
As part of that process, and it's an independent
appraisal, we give it to the landowner or the landowner
can have their own conducted and we'll pay for that.
When we take the consideration of their appraisal it
will -- or it should, and usually does, contemplate a
reduction of value in property, diminishment of valuation
of that property.
As part of our initial compensation, we do
compensate for diminishment of value. If it's not
disclosed at that time, the answer is typically no. And
there's been multiple studies out there that demonstrate
that pipelines simply just do not diminish the value of
the property. But there are circumstances that they do.
And in those simple cases -- not simple, but in those
cases, we absolutely will compensate the landowner for
that diminishment.
CHAIRMAN NELSON: And with your last phrase you
say you absolutely will compensate. As part of the
initial easement agreement, or if that factor was proved
at some later time, you would make additional
compensation? Which is it?
THE WITNESS: The normal practice -- and I
apologize for not being crystal clear on this, but the
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normal practice is it's done upfront during the initial
payment.
If for some reason they can prove, the landowner
could prove a diminishment of value after the fact, then
I can tell you we would consider that as part of our
operations.
I have never experienced that in my career, but
I'm not going to say it can't happen. I'm just
unfamiliar with it. But our intent is to do it upfront.
CHAIRMAN NELSON: Thank you. No further
questions.
MS. WIEST: Any further redirect?
COMMISSIONER HANSON: Ms. Wiest.
MS. WIEST: I'm sorry.
COMMISSIONER HANSON: You're sorry I'm going to
speak?
MS. WIEST: Sorry I missed you.
COMMISSIONER HANSON: Let's clarify that.
Mr. Mahmoud, I really appreciate your testimony.
I think it's been very informative and professional, and
heard lots and lots of people testify, and yours has been
real comprehensive answering questions. Appreciate it
immensely.
I am curious about in discussing EIS, which
we've discussed at length a number of times here, pretty
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much every time you've said that the project is already
providing all of the information that an EIS would
provide. It's only packaging it in a different format.
You made that very clear several times.
And yet when Ms. Baker asked you some questions
on specifics on different types of EIS, you stated that
it would not cover portions of that. Did I misunderstand
something somewhere, or would an EIS provide
additional -- please explain the -- where the two strains
don't meet here.
THE WITNESS: Okay. The conversation that we
were having, the questioning that they were asking was in
reference to a federalized EIS. Under a federalized EIS,
there's certain criteria that would be triggered,
government-to-government communications, consultation,
coordination in certain activities and/or data points,
that if I understand the South Dakota rules -- and I'm
not claiming to be an expert, so I may get this partially
wrong, but they don't require the same level of
coordination between intergovernment communications. So
there is, in fact, a difference between a federal EIS and
a state EIS.
On the state EIS, the data that would be
produced has already been produced in the context of the
PUC process. At least in my opinion. From what I've
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reviewed. I looked it up. I read it.
From what I can see, they appear to be very
consistent in the level of detail and data that are
produced during this process, as compared to a federal
process, which is significantly different. That was the
difference in the conversation that I had trying to
articulate is that the federal EIS process is, in fact,
quite a bit different than the state EIS process. And I
think there was an attempt to confuse what the two
standards would be.
COMMISSIONER HANSON: So you're saying that a
federal EIS is significantly different than the state
EIS, that there are a variety of issues that are covered
other than the government to government?
THE WITNESS: Yes, sir, there are. One is the
complexity of the alternative and cumulative impact
assessment under a federal EIS, which is quite a bit
different than the state rules.
So the state EIS is considering requirements
under South Dakota Law, is considerably different than
the federal EIS standards, in my opinion.
COMMISSIONER HANSON: However, the -- if I can
paraphrase your statement then. The project already
includes everything that would be required by the State
of South Dakota.
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THE WITNESS: In my quick assessment in the past
two days, yes, that is my interpretation in review.
COMMISSIONER HANSON: Thank you.
THE WITNESS: Yes, sir.
MS. WIEST: Any other Commissioner questions?
Any further questions?
MR. RAPPOLD: Yes.
RECROSS-EXAMINATION
BY MR. RAPPOLD:
Q. Just a quick follow-up with Commissioner Hanson's
question.
What alternatives to the proposed action have you
provided to the Commission?
A. We provided our routing analysis and description of
that analysis. I can't recall all the different maps,
but we showed the various alternatives for the routing as
we would cross through South Dakota.
On the Harrisburg map or Tea map, it clearly shows
different alternative routes that we considered across
the Sioux Falls area. And there's some additional maps
in the Application that show those.
Q. That addresses alternatives to the route, but what
alternatives have you presented to the proposed action?
A. And we have not. I say that.
Q. Thank you.
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A. And Monica probably could answer that better, but I
don't believe we have.
Q. I'll rest with your answer that you have not
provided alternatives to the proposed action. Thank you.
MS. WIEST: Ms. Craven?
MS. CRAVEN: Yes. Thank you.
RECROSS-EXAMINATION
BY MS. CRAVEN:
Q. Mr. Mahmoud, are you aware that Section 4.1 of the
South Dakota Environmental Policy Act incorporates all of
the federal provisions?
A. I would have to read it. I've already said -- I've
read it. I'd have to look at it. If you want to provide
me a copy, I'll read it and validate or deny.
Q. You just testified the exact opposite to the --
A. If you'll provide it. In my interpretation I
believe there's a difference in the standards. So if you
hand it to me, I'll read it and give me an answer.
Q. Well, you just respond to a question acting like you
knew, and now you say you have to read it to really
understand it. So perhaps you didn't quite know when you
answered the question so forthrightly.
MR. KOENECKE: I'd object. There's multiple
questions in there. It's argumentative and badgering.
If she wants him to read the statute, she should provide
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it to him and do it.
MS. WIEST: Sustained. Do you have a question,
Ms. Craven?
MS. CRAVEN: No, I don't have a question, but he
did just say he had read it over the last couple of days.
MS. WIEST: Any redirect based --
MR. KOENECKE: Any response?
MS. WIEST: No. Any redirect based on -- okay.
Thank you, Mr. Mahmoud.
You may call your next witness.
MS. CRAVEN: We'd like to hand him the statute.
MR. CAPOSSELA: Can we ask one more question?
MS. WIEST: I think you already said you were
done with your questioning.
MS. SEMMLER: The Applicant calls Chuck Frey.
(The oath is administered by the court reporter.)
DIRECT EXAMINATION
BY MS. SEMMLER:
Q. Please state your name for the record.
A. Chuck Frey.
Q. What is your business address?
A. 1300 Main Street, Houston, Texas 77002.
Q. And who is your employer?
A. Energy Transfer Partners.
Q. What's your position with them?
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A. I'm the vice president of liquid engineering.
Q. Could you please tell us a little bit about your
education and professional background?
A. Yes. I received a bachelor's of science degree in
civil engineering from Texas Tech University. I'm a
registered professional engineer in four states and have
over -- sorry. Over 36 years of experience in the
industry with roles of increasing responsibility for
engineering design, construction, and operation of
midstream and downstream facilities and pipelines.
I began work for Energy Transfer in 2011 as vice
president, liquids engineering, my current position.
Prior to Energy Transfer I began working in the
industry as a project engineer and moved through a
variety of engineering and operations positions before
becoming director of southwest operations for TEPCO in
2000 where I was responsible for operations in a
four-state region.
In 2007 through an acquisition I moved to the role
of vice president of Texas operations for LDH Energy
where I served until moving to Energy Transfer in 2011.
In addition to engineering design, construction, and
operations, at times my roles and responsibilities have
included project development, joint venture formation,
and management and asset acquisition, integration and
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optimizations.
Q. Do you see a document in front of you marked
Exhibit 31?
A. Yes, I do.
Q. What is that document? What is its title?
A. It's direct testimony for Chuck Frey.
Q. Did you prepare that document?
A. I did.
Q. Did you review that document prior to today's
proceeding?
A. Yes.
Q. If I were to ask you the questions in that Exhibit
31 today, would you answer them the same?
A. I would, except for one typographical error that
didn't get corrected.
On line 14 it says compressor station. It should
say pump station.
Q. With that correction made then, do you adopt that
written document as your sworn testimony today?
A. I do.
MS. SEMMLER: The witness is available for
cross-examination.
MS. WIEST: Were you going to offer the exhibit?
MS. SEMMLER: Thank you. I offer Exhibit 31.
MS. WIEST: Is there any objection to Exhibit
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31?
If not, it's been admitted.
And we will go to Ms. Baker.
MS. BAKER: Thank you.
CROSS-EXAMINATION
BY MS. BAKER:
Q. Jennifer Baker for the Yankton Sioux Tribe.
In the Application Dakota Access describes demand
for the facility; is that correct?
A. Yes.
Q. Who are the consumers that Dakota Access references
in Section 10 of its Application?
A. I would need to see that section to look at it.
Q. Did you draft that section of the Application?
A. I may have worked on part of it, but I don't have it
memorized, so if you want to ask a specific question to
it, I would need to look at it.
Q. Okay. I'm asking who are the consumers when you
speak about demand for the facility?
A. The consumers of the services we'll provide are the
shippers on our pipeline system.
Q. I think I'd like to go ahead and show you the
Application, if I could take a second and find it and
have you take a look at that.
Okay. I think I'll just go ahead and come back to
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that.
In assessing this pipeline project, was there any
consideration given to South Dakota citizens as
consumers?
A. Direct consideration, no, other than as this
pipeline providing a secure means for transportation of
reliable crude oil to supply our refineries, and the
citizens of South Dakota being consumers of the products
of those refineries, the citizens of South Dakota do
benefit.
Q. Okay. What products are those?
A. Crude oil would be turned into motor gasoline,
diesel fuel, kerosine.
Q. Okay. So this pipeline will ship oil that will be
used for all of those things?
A. It will be used to ship oil that will go to
refineries, and the refineries will produce those
products.
Q. So you don't know those products will actually be
used by South Dakota consumers for this particular
pipeline?
A. I don't know if these molecules of crude oil will
come back to South Dakota, but the products will come to
South Dakota and be used by people in South Dakota.
Q. What are the energy needs of the people of
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South Dakota?
MS. SEMMLER: Objection. This is beyond the
scope of the written -- beyond the scope of the written
direct testimony.
MS. BAKER: Mr. Frey has stated that he can
speak to demand for the project.
MS. WIEST: Overruled.
A. Would you repeat the question.
Q. Sure. What are the energy needs of the people of
South Dakota?
A. As we see, there's a lot of gas stations here.
People use it for transportation fuels. I believe it's
used for heating fuel. Certainly the agricultural
community uses a lot of diesel fuel in the production of
agricultural commodities.
Q. Can you give me quantities?
A. They could be looked up and given to you. No. I
don't have them memorized.
Q. So how do you know that this pipeline is going to
fulfill the energy needs of the people of this state if
you don't know what those needs are specifically?
A. Again, I do know what those needs are. The needs
are for gasoline, kerosine, diesel fuel used by people in
all states of the country. Agricultural community in
particular uses diesel fuel in the production of crops.
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Q. But need implies a certain quantity, and whether or
not there is a need depends on quantity available versus
quantity that can be provided, supply and demand, so
without knowing the quantity of need, how can you
possibly know whether this pipeline will fit those needs?
MS. SEMMLER: Objection. It's been asked and
answered.
MS. WIEST: Overruled.
A. Again, would you repeat the question?
Q. Without knowing what the needs of the people of
South Dakota are as far as quantity, how can you possibly
know how this pipeline will fit those needs?
A. I do know that while the United States' production
of crude oil has continued to increase, the United States
still imports around 7 million barrels per day of crude
oil from foreign sources.
So the ability of this pipeline to help for the
production of safe and reliable domestic sources of crude
oil to supply the needs of consumers nationwide,
including South Dakota, is evident in that we are
continuing to import crude oil, and this would replace
imports.
Q. So are you suggesting that the oil that's
transported by this pipeline will be refined, become some
product that will be ultimately used in South Dakota?
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A. Again, I'm not implying that the specific molecules
of this crude oil will come back to South Dakota.
Gasoline, diesel fuel, kerosine is fungible products, and
so the specific molecule is not particularly important.
Q. If it's not important, can you help me understand
why the South Dakota Law makers included such a specific
finding that "by assuming Permit authority that the State
must also ensure that these facilities are constructed in
an orderly timely manner so that the energy requirements
of the people of the State of South Dakota are
fulfilled"?
MS. SEMMLER: Objection. Calls for a legal
conclusion.
MS. WIEST: Sustained.
Q. Is it correct that South Dakota regulation
22:10:22:10 requires Dakota Access to provide a
description of estimated future needs of consumers to be
directly served by the facility?
MS. SEMMLER: Objection. Calls for a legal
conclusion.
MS. BAKER: There's no conclusion required.
It's whether or not this regulation requires him to
actually do something he's responsible for.
MS. WIEST: Overruled.
A. You would need to provide me with the regulation and
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let me read it.
MS. BAKER: Okay. Mr. Rappold, I think, will be
pulling that up on the computer.
MR. RAPPOLD: Which section?
MS. BAKER: It's ARSD 20:10:22:10.
MR. RAPPOLD: One more time.
MS. BAKER: 20:10:22:10.
Q. So my question, Mr. Frey, was whether it's correct
that this regulation requires Dakota Access to provide a
description of estimated future needs of consumers to be
directly served by the proposed facility?
MS. SEMMLER: I'm going to object again. The
Commission can certainly take judicial notice of what
this statute or what this Administrative Rule says, but
this witness is not a lawyer and can't testify as to the
legal meaning of this Administrative Rule.
MS. BAKER: It's not a question as to the legal
meaning. It's a question of does this apply, and it's
laying foundation for further questions.
MS. WIEST: Objection overruled.
A. The first sentence reads that the Applicant shall
provide a description of present and estimated consumer
demand and estimated future needs of those consumers to
be directly served by the proposed facility.
Q. Okay. So is the answer to my question yes or no?
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A. Please repeat the question.
Q. Does this regulation require Dakota Access to
provide a description of estimated future needs of
consumers to be directly served by the proposed facility?
A. To me that's a legal opinion that I can't render.
MS. BAKER: Your Honor, you've already overruled
an objection on this. Could you ask the witness to
answer?
MS. WIEST: I think he's given your answer.
MS. BAKER: Okay.
Q. Has Dakota Access provided a description of
estimated current needs?
A. Current needs for?
Q. For energy in the State of South Dakota.
A. I would have to look at the whole filing. I don't
recall that, but I'm not sure if it's in the filing or
not.
Q. Okay. As the demand -- as the individual
responsible for demand issues pertaining to this
pipeline, is that something you would have been
responsible for?
A. For demand issues in regards to the movements in the
pipeline. But consumer demands, not necessarily.
Q. Okay. Who would be responsible for consumer
demands?
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A. I'm not sure. I'll have to consult and respond
later.
Q. Based on your knowledge of the Application -- you
did say that you worked on the Application; is that
correct?
A. Yes.
Q. Okay. Based on your knowledge of the Application,
does the Application address data, data sources,
assumptions, forecast methods or models or other
reasoning when it comes to future needs of consumers?
MS. SEMMLER: I'm going to object. This has
been asked and answered. This witness has testified to
his awareness regarding future energy needs of citizens
of South Dakota.
MS. BAKER: The question is with respect to his
knowledge of the Application.
MS. WIEST: Overruled.
A. The specific language in the Application addressing
that, no, I don't recall that.
Q. Okay. Does the Application contain information on
the relative contradiction to any power or energy
distribution network or pool that the proposed pipeline
is expected to supply?
A. Again, I'm not sure I understand the question.
The pipeline is moving crude oil to refineries in
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the U.S.
MS. BAKER: Yankton Sioux Tribe has nothing
further.
Thank you.
MS. WIEST: Mr. Rappold, did you have any
questions?
MR. RAPPOLD: Yes. Could I have just a moment.
CROSS-EXAMINATION
BY MR. RAPPOLD:
Q. Do you have any knowledge regarding any permits that
Dakota Access needs to obtain for any of the supporting
infrastructure or other aspects related to the project?
A. In South Dakota there will be a Permit for the pump
station.
Q. And is that separate and apart from this Permit?
A. Yes.
Q. Where do you go to apply for that Permit?
A. We'll be getting an air permit for that facility.
Q. Getting a what?
A. An air Permit.
Q. So where do you go to apply for that?
A. I don't know the specific agency name.
Q. Is the air Permit that you're going to -- well, when
are you going to apply for the air Permit?
A. Again, the timing I'm not -- I'm not certain on the
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timing for the Application of the air Permit. Monica
Howard may be better able to answer that question.
Q. Do you know how long the process might take to get
that Permit?
A. I do not believe it's a lengthy process.
Q. You don't believe or you don't know?
A. I don't believe it's a lengthy process.
Q. But it could be?
A. This is a very small emission source, and the time
frame for obtaining those permits is generally timely.
Q. I don't recall seeing this air quality Permit listed
in the Application. Can you explain that?
A. Okay. I'm going to have to correct myself. There
actually is not an air Permit required for the pump
station.
Q. And how did you all of a sudden learn that?
A. It came to me.
Q. Osmosis?
A. It was an error on my part. I apologize for the
confusion.
Q. You didn't confuse me.
Do you have any knowledge of any other permits that
would need to be obtained for any other supporting
aspects of the project?
A. No. The questions on specific permits would be
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better directed to Monica Howard.
Q. Okay. Has the pump station -- the pump station's
been designed; is that correct?
A. The design is in process.
Q. When will that be done?
A. I don't know the exact time it will be completed.
Q. Presumably it would be done before you start
construction if you get permission from the PUC?
A. Again, the -- the timing of the pump station design
and the timing of the approval from the PUC are not tied
to each other in any manner.
Q. Yeah. I understand that one is not required legally
for the other, but practically speaking, would you have
it designed by then? When is it going to be designed?
A. Again, I don't know the exact date the design will
be complete.
Q. But you'd have to design it before construction;
correct?
A. Absolutely.
Q. Okay. Have you ever designed one before?
A. This company has designed and installed many pump
stations.
Q. Have you?
A. That's not my responsibility. I oversee those who
do the design of the pump stations.
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Q. Okay. So do you know how long that takes to design
the pump station?
A. It depends on the pump station. So some take a
short period of time. Some take longer periods of time.
There's no set standard for design of a pump station.
Q. Okay. I'm not talking about general terms. I'm
talking about one very specific pump station that's going
to be located in South Dakota, near Redfield I believe it
is, for the Dakota Access Pipeline.
How long is it going to take to design this very
specific pump station?
A. We do not have a specific or set time frame for the
design of the pump station. It is underway, and it will
be completed in the time frame needed to support this
project.
Q. And are you knowledgeable of the proposed
construction schedule?
A. In general, yes.
Q. Can you share with us what your general knowledge is
of the proposed construction time schedule?
A. Yes. Construction is scheduled to start in the
spring of 2016.
Q. So that could be -- the spring of 2016, that could
be anywhere between March and June; is that correct?
A. Again, the spring of 2016 is as close as we can
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narrow it down right now.
Q. Would you agree that the spring season runs from
March through June -- March 21 through June 20? Would
you agree with that?
A. I agree that that's the definition of spring. We're
using it in a more generic sense here.
Q. What's the generic sense of the definition of
spring?
A. Generic sense would be when winter ends and before
summer begins.
Q. Have you ever been to South Dakota before?
A. Yes.
Q. In the springtime?
A. Yes.
Q. In the general sense of springtime?
A. I don't know what you mean by that.
Q. I'm just using your words, so I would think you know
what I mean. They're your words.
MS. SEMMLER: I'm going to object. This line of
questioning is --
MR. RAPPOLD: I'll strike that.
Q. How many times have you been to South Dakota?
A. I don't know the exact number. We were here several
times for meetings and for public meetings.
Q. What seasons were you here in?
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A. I was here in the summer, fall, and winter -- or
late spring, summer, fall, and winter.
Q. Have you ever heard the expression, if you don't
like the weather in South Dakota, wait five minutes?
A. I've heard that for many states.
Q. But have you ever heard it here?
A. Not until now.
Q. And I'll take it you've never experienced that here?
A. I don't know whether I have or not because I don't
know what I would have experienced.
Q. Your testimony indicates that you will not be
placing any mainline valves on areas of the pipeline that
are subject to landowner easements; is that correct?
A. I don't really understand the question. We'll be
placing the mainline valves on the pipeline.
Q. Are you -- in your professional capacity and your
personal capacity too, do you keep up with other aspects
of the industry that you work for, other -- what other
companies are doing?
A. Just in the general sense of following the news, I
see some things that are happening within the industry.
Q. Are you familiar with the corrosion rates on the
Keystone base pipeline discovered in Missouri?
A. No, I'm not.
Q. You're not familiar with that?
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A. No.
Q. Do you know if anyone that works for Dakota Access
has any knowledge of corrosion rates that were discovered
in Missouri along the Keystone base pipeline?
A. I'm not aware of anyone who's following that for
Energy Transfer.
Q. Are corrosion levels of your pipe something that you
would be concerned about?
A. We have a cathodic protection and integrity
management plans on all our pipeline systems. DOT and
PHMSA monitor cathodic protection plans.
We do inspections twice a year to ensure the -- the
performance of our cathodic protection on our pipeline
systems.
Q. And do you compare what you do with what other
companies do to see if you're doing it better or maybe
there's a way to make an improvement?
A. That would be a better question for Todd Stamm in
the operations group, but we take -- cathodic protection
is something that we spend a lot of time and effort on.
Q. In the course of preparing the Application, are you
aware whether or not South Dakota Department of Game,
Fish & Parks Wildlife Division perpetuating outdoor
heritage of South Dakota was consulted, relied upon?
A. I'm not aware whether they were consulted or not.
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Q. Are you aware if there's any multi-species
assemblage areas along the pipeline route?
A. I believe our investigation did not find any of
those.
Q. Do you believe that or do you know that?
A. I know that we did not find any of those along the
route.
Q. Do you know if there's any areas that contain
critically imperiled species or ecological communities?
A. I know that the route avoided all USA and HCA areas.
Q. When you say USA and HCA, they're really one in the
same, aren't they?
A. No. A USA is an HCA. There are other things that
can be HCAs that are not USAs.
Q. Okay. Do you know if there's any migratory water
bird concentration areas along the water route?
A. I believe that would be in the definition of a USA.
So no.
Q. Do you keep up to date on changing federal
regulations as it relates to pipeline safety?
A. Not individually, but as part of the -- my
department there are individuals who keep up with that.
Q. And then what do they do with the information?
A. They provide it -- disseminate it within the
company.
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Q. Do you know when the Pipeline Safety Act expires?
A. I do not.
Q. If federal regulations change regarding pipeline
safety and regulation -- if those regulations changed,
what would that cause -- would that cause Dakota Access
to do anything?
A. Dakota Access will maintain compliance with all
applicable regulations. So as regulations change, we
will ensure that we stay in compliance with the
regulations.
Q. And some circumstances, would you agree that that
could require perhaps reroute, reexamination of HCAs and
that sort of thing?
A. You're asking me to speculate about something that
might occur in the future.
Q. So are you objecting?
A. I'm saying I don't know how to speculate on a law
that doesn't exist.
Q. Well, presumably your existing Application is
designed to comply with federal regulations; correct?
A. That is correct.
Q. So if the regulations changed, would you have to
reexamine your Application?
A. If the regulations change now before the line is
built? Is that your question?
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Q. Any time.
A. Again, Dakota Access will stay in full compliance
with all applicable regulations.
MR. RAPPOLD: I have no further questions.
MS. WIEST: Ms. Craven, did you have any
questions?
MS. CRAVEN: Yes, ma'am. I do. Thank you.
CROSS-EXAMINATION
BY MS. CRAVEN:
Q. Thank you, Mr. Frey, for appearing here today.
How long have you been employed by Dakota Access?
A. Dakota Access was formed approximately a year ago.
I'm not certain the exact formation of Dakota Access.
Q. And how long have you been employed by Dakota
Access?
A. Since its formation.
Q. And were you employed by a parent company or a
subsidiary of theirs prior to that?
A. Yes, ma'am.
Q. So then you just kind of moved over to Dakota
Access?
A. Dakota Access is an additional company of which I'm
a vice president of engineering, yes.
Q. What was your previous employer? What was the name
of the company?
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A. Energy Transfer Partners, which is still my
employer.
Q. Okay. And you say you're licensed to -- as a
professional engineer in four states. That's impressive.
That's a lot of test taking.
On the Texas website of licensed engineers there's a
Chuck Frey -- or Charles Frey that's listed on that
website. Is that one of the states you're licensed in is
Texas?
A. Texas is one of the states where I'm licensed.
Q. Is that you?
A. I don't know because I don't know if there's more
than one person by that name.
Q. Okay. Charles Arthur, Junior, Frey?
A. That would be me.
Q. It says here that you're employed by LDH Energy?
A. The website is not up to date. That was my
employer -- LDH Energy was purchased by Energy Transfer
Partners.
Q. Okay. So you and Mr. Mahmoud are both vice
presidents of engineering projects; is that correct?
A. Actually, Mr. Mahmoud is senior vice president of
projects, and I am the vice president of liquids
engineering.
Q. Is he your boss?
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A. He's my immediate supervisor.
Q. So -- and you have testified that you have prepared
your own testimony; is that correct?
A. Yes, ma'am.
Q. Did anyone provide you with the questions?
A. There was assistance in the testimony, yes.
Q. Okay. Did they provide you with the questions?
A. Some of the questions were provided, yes.
Q. Okay. Were all the questions provided?
A. I don't recall if every question was provided.
Q. Could you take a quick look through your testimony
and tell me which questions you drafted and which were
provided -- or I mean just tell me the ones that you
drafted.
MS. SEMMLER: I'm going to object,
Commissioners. This is an irrelevant line of
questioning.
MS. WIEST: Overruled.
A. I don't recall the discussions that went into the
preparation of all of the testimony, so I do not recall
the specific question that I created.
Q. Okay. In preparing the information regarding the
demand for the facility, how did you go about doing that?
A. The demand for the facility was a result of the open
season process that occurred last year.
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Q. And were you actively involved in that process?
A. Our commercial group were the ones who conducted
that process.
Q. So in actuality, the information in the -- so the
information that's in the answer, is that from a report
that you read?
A. No. That was from our commercial employees who were
involved in the process.
Q. Did they send you a memo about it?
A. No. We had direct discussions about it.
Q. So you sat around at a conference room, and you took
notes, and then you prepared the answer?
A. Again, they provided me with the information about
the demand from customers, yes.
Q. So you -- okay.
Okay. You say on line 22 of your testimony,
"Transportation services on the Dakota Access Pipeline
shall be provided pursuant to the Interstate Commerce
Act."
What does that act do? I'm not familiar with it.
A. The specifics of the act I can't quote them to you.
We are a common carrier pipeline, which means we're open
access. So we have to treat all shippers in a
nondiscriminatory manner. That's part of the reason, as
was discussed earlier, about the 10 percent walk-up
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capacity, to allow any shipper who doesn't have a
contract with us to still be able to transport.
Q. So what does the Interstate Commerce Act do?
A. Again, I'm not an expert on that act, and I can't
answer that question.
Q. Okay. But you put in your testimony that the
transportation services on the pipeline shall be provided
pursuant to the Interstate Commerce Act, but you don't
know what that Act does?
MS. SEMMLER: I'm going to object to the extent
this calls for a legal conclusion. The witness has
testified already regarding his knowledge.
MS. CRAVEN: It's not a legal conclusion. He
said he prepared his answers, and I'm asking him what
does that Act mean since he prepared his answers.
MS. WIEST: Objection overruled.
A. The company is going to provide the services
pursuant to that Act. Others have familiarity with that.
I do not.
Q. So did somebody tell you to put that in there?
A. I was assisted in preparation of the answers by our
legal group.
Q. Okay. So you were assisted by your attorneys with
the answers.
A. Yes.
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Q. Continuing on line 23 you say, "and in accordance
with the rules and regulations of the Federal Regulatory
Commission for common carrier crude oil pipeline
transportation service thereunder." I appreciate the use
of the word "thereunder."
Would you explain what that sentence means to us for
the record?
A. The Federal Energy Regulatory Commission, or FERC,
establishes the guidelines for the tariffs that we
publish for our transportation services. And they also
set the rules by which those tariffs can be established.
Q. And do you usually use the word thereunder, or is
that the attorneys slipping in a little thereunder?
A. I don't know how often I've used that word.
Q. Did you write that word?
MS. SEMMLER: Objection. This line of
questioning is irrelevant.
MS. CRAVEN: He has testified that he prepared
his testimony. It has now become obvious that he has not
prepared his testimony. It's been prepared by attorneys.
I just think that's important. Actually, he has lied on
the stand that he prepared his testimony when he has not,
in fact, prepared his testimony.
He said he answered the questions. He did not
say I answered the questions with the attorneys, but it
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has now come to light that he has answered the questions
with the attorneys. That's in direct opposite to what he
initially testified.
MS. WIEST: Objection sustained.
Q. What are FERC best practices?
A. I'm not familiar with that term or the specifics of
what you're referring to.
Q. Is DAPL engaged in discussions with the PUC Staff
about FERC?
A. I'm not aware of such discussions.
Q. Okay. Thank you.
You testified that the mainline valves are located
based on high consequence areas in South Dakota. Would
you please identify for us where those high consequence
areas are.
A. Could you tell me what line you're referencing?
COMMISSIONER HANSON: It's page 4, line 66
through 68 of your prefiled testimony.
MS. CRAVEN: Thank you. Thank you very much.
Q. I can read it for you.
A. Okay. What was the question again?
Q. Let me read the sentence and I'll ask my question.
"The spacing intervals between the MLVs along the ROW are
based upon location of the high consequence areas, DOT
requirements and Permit requirements."
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Would you please identify for us where those high
consequence areas are located that you reference in your
testimony?
A. There are actually no high consequence areas that
the pipeline traverses. There are high consequence areas
in proximity to the pipeline route, and the location of
some of those high constant areas was a consideration in
placement of the mainline valves.
Q. And where are those high consequence areas located
that are in proximity?
A. Well, they're noted on maps. I don't have them
memorized.
Q. Okay. You state on line 53, "The design and
construction of the pump stations will meet the
requirements of the National Electric Code."
What are those standards? What are you talking
about there?
A. It's -- I'm trying to think of the -- it's --
actually the specific name of it slips me. The National
Electric Code is a recognized code that's designed to --
I don't know what else I can tell you. I don't have the
code memorized.
Q. And did you write that sentence?
A. I reviewed or wrote it, yes. I had assistance in
preparation, and so I prepared it in consultation with
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others.
Q. How many others?
A. I don't know the exact number.
Q. Five?
A. Again, I don't know the exact number.
Q. 10?
MS. SEMMLER: Objection. The question was
answered.
MS. WIEST: Sustained.
Q. So as a professional engineer, are you the person
that signs off on the design plans for this pipeline?
A. I review them and, yes, I have the final decision on
them.
Q. So do you sign off on the design plans with your
engineering stamp? Does your stamp go on the plans?
A. No.
Q. Whose stamp goes on the plans?
A. It depends on what kind of plans they are and who
directly prepared those plans.
Q. Okay. On line 56 you say, "Dakota Access will
purchase electricity from the incumbent provider."
What is an incumbent provider?
A. It would mean the utility that provides electric
service in the area where our pump service is located.
Q. Do you know who that incumbent provider is?
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A. I do not.
Q. And, finally --
MS. CRAVEN: Well, I think that's all my
questions.
Thank you.
MS. WIEST: Ms. Best, do you have any questions?
MS. BEST: I have no questions.
MS. WIEST: Ms. Northrup.
MS. NORTHRUP: I have no questions.
MS. WIEST: Commission Staff.
MR. CREMER: Commission Staff has no questions.
Thank you.
MS. WIEST: Commissioners.
COMMISSIONER HANSON: Mr. Frey, good morning.
Do you have any knowledge of a need for routing
the pipeline so close to the highest populated and
highest economic growth area of South Dakota, a need for
routing it?
THE WITNESS: Well, the route was chosen, and
based on a number of factors, as was discussed in
Mr. Mahmoud's testimony, the initial route's laid out
just from point A to point B, and then we work to move
around high consequence areas, tribal lands,
environmentally sensitive areas, you know, a large number
of items that are involved in the routing selection.
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COMMISSIONER HANSON: I believe that
Mr. Mahmoud's testimony was that originally it was routed
based upon the shortest route.
THE WITNESS: Correct. I'm sorry. That's what
I meant from point A to point B.
COMMISSIONER HANSON: Okay. And then there were
some adjustments made to it, as you've testified.
Are you aware of any need for it to be -- for
the pipeline to be located as close as it is to those
highly populated and high growth areas of South Dakota?
THE WITNESS: Not specifically. Again, other
than that was the route that came out of the
investigation process.
COMMISSIONER HANSON: Is there -- I'll ask this:
Are there plans or discussion or anticipation for a
future connection of any nature in this area?
THE WITNESS: Are you talking about around Sioux
Falls?
COMMISSIONER HANSON: I'm asking the question --
that's correct. I'm asking the question because there
are rail lines presently going through the City of Sioux
Falls which have tank cars and which deliver ethanol and
petroleum, and I'm curious whether there's any discussion
at all or thoughts of having a connection drop off point,
for instance, with --
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THE WITNESS: I am not aware of any discussions
about any third-party connection in the Sioux Falls area.
COMMISSIONER HANSON: Thank you.
You gave us a -- just a spelling. I was looking
at -- it's minor here. I think it's MLVs, but I believe
it was page 4, line 74 you were talking about MLVs, I
think, and it says gouges, G-O-U-G-E-S. Is that correct,
that you were referring to?
THE WITNESS: Yes.
COMMISSIONER HANSON: Okay. Would your
engineering experience, referring to corrosion, dents,
and gouges, does that happen very frequently?
THE WITNESS: Well, dents and gouges are
generally the result of third-party damage, and that has
become better protected against with the advent of the
One Call program, which we're big supporters of, and we
really think that helps all utilities and the public.
They're also something that now we have a much
better way of identifying because we run inspection tools
in our pipeline on a regular basis. And those have
instrumentation that allows us to see dents, gouges, or
metal loss from corrosion.
COMMISSIONER HANSON: What amount of degradation
or anomaly has to take place on a pipe -- well, let me
ask it in a different fashion.
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How sensitive are those devices in detecting
anomalies?
THE WITNESS: They're quite sensitive. I
couldn't give you the specifics of their performance
qualifications, but we have an Integrity Management Plan
that addresses that that's filed with PHMSA and approved,
reviewed by PHMSA. It also has the specifics of at what
level of wall loss we have to investigate and do repairs.
COMMISSIONER HANSON: Is there another person
who will be testifying to better answer that question?
Not that I'm disparaging your answer, by any means.
THE WITNESS: No, sir. Todd Stamm would have
more details into the Integrity Management Plan because
the operator executes the Integrity Management Plan.
COMMISSIONER HANSON: Thank you very much.
MS. WIEST: Any Commissioner questions? Other?
Was there any cross based on the questions from
Commissioner Hanson? Additional cross?
If not, is there any redirect?
MS. SEMMLER: Briefly. Thank you.
REDIRECT EXAMINATION
BY MS. SEMMLER:
Q. Ms. Craven asked you a variety of questions about
the various acts or laws that are referenced in your
testimony.
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Do you remember that?
A. Yes.
Q. Is it fair to say that you're familiar with those
acts or laws by which you must comply?
A. Yes. I'm familiar with what we are required to
comply.
Q. Is it fair to say that others within your
organization study the details of those various acts or
laws?
A. Correct. There are others with specific expertise
in those areas.
Q. Can you tell the Commission any reason that
pipelines of this nature are not compatible with highly
populated areas?
A. No. There are thousands of miles of pipelines
currently in operation in very highly populated areas.
Q. Have you seen, in your experience, where communities
can continue to grow despite the location of pipelines of
this nature in close proximity?
A. Yes. I mean, where I live now in Houston is
evidence of that. The city and surrounding communities
have continued to grow in proximity to pipelines and
other utilities.
Q. And there are rules and regulations, right, that
address pipeline locations in highly populated areas?
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A. Correct.
Q. And is there any prohibition from building on a
pipeline?
A. There are restrictions for building within the
easement that the pipeline obtains, but there are no
restrictions that the pipeline has for any landowner
developing property outside of the easement acquired by
the pipeline.
Q. So outside that easement, development or growth
should not be expected to be stunted; is that accurate?
A. There's no restriction by the pipeline on any -- on
any activity of the landowner outside of the easement.
MS. SEMMLER: Thank you.
MS. WIEST: Is there any recross based on the
redirect of anyone?
MR. RAPPOLD: Yes.
MS. WIEST: Go ahead.
RECROSS-EXAMINATION
BY MR. RAPPOLD:
Q. You're familiar with the Pipeline Safety Act and
its -- and PHMSA's federal pipeline safety programs;
correct?
A. I'm familiar with PHMSA, yes.
Q. And their safety programs?
A. Yes.
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Q. Do you know, is today the end of 2014 fiscal year
for the United States Government? Do you know how that
works?
A. I do not.
Q. You don't know? Okay. Do you know that the PHMSA
federal pipeline safety programs expire at the end of
2014 fiscal year -- or '15 fiscal year?
A. No, I did not.
Q. You didn't know that.
And if today was the end of the '15 fiscal year,
would you reach the conclusion that it expires today?
A. Again, I would need to review that. I'm unfamiliar
with what you're asking.
MR. RAPPOLD: No further questions.
MS. WIEST: Any other recross based on redirect?
Commissioners?
Okay. Any further redirect?
MS. SEMMLER: Nothing further.
MS. WIEST: Thank you.
You may call your next witness.
MR. KOENECKE: Ms. Craven was kind enough to
point out that I hadn't filed Mr. Edwards resume as his
testimony indicated. I've got those on their way up
here.
Would the Commission like to start anyways and
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provide the resume while he's testifying, or would you
like to wait a few minutes?
MS. WIEST: If there's no objection, I think we
can proceed.
MR. RAPPOLD: I'd object and ask for a little
bit of time to review the resume since it was supposed to
be filed quite a while ago. And is this also the witness
that had the amended testimony filed on Monday?
MS. WIEST: I believe so.
MR. RAPPOLD: Thank you.
MS. WIEST: Okay. We'll wait until you get the
resume up here.
(A short recess is taken)
MR. KOENECKE: Ms. Wiest, we'd call John H.
"Jack" Edwards to the stand, please.
(The oath is administered by the court reporter.)
DIRECT EXAMINATION
BY MR. KOENECKE:
Q. Mr. Edwards, would you state your name and business
address for the record, please.
A. My name is Jack Edwards, and my business address is
4401 South Technology Drive, South Suite, Sioux Falls,
South Dakota.
Q. And are you currently a contingent employee of
Dakota Access Pipeline?
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A. I am.
Q. What's your function with the pipeline right now?
A. I'm the project manager for the states of Iowa and
South Dakota and the overall construction manager for the
project.
Q. And can you tell the Commissioners briefly what that
means?
A. It means I'm responsible for the day-to-day
activities in both states for coordinating of the -- of
the routing, the -- the overall project, budget, how it's
spent, and the scheduling be completed.
Q. Did you provide a written testimony in this matter,
Mr. Edwards?
A. I did.
Q. And, in fact, you revised your testimony in written
form just this week and provided that to the Commission?
A. Yes.
Q. Is that dated September 28, 2015?
A. I believe so. Yes.
Q. Is it in front of you there marked as Exhibit 32?
A. It is.
Q. If I asked you all of those questions today, would
you answer them the same way as you've answered them in
writing?
A. I would.
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Q. We made some changes to your testimony that was
previously filed in July; correct?
A. Correct.
Q. Can you briefly discuss what those changes were?
A. One of the changes was the typical right-of-way
configurations. They were incorrect. The biggest change
was the forested areas. We showed a typical right of way
of 100 feet, and it was previously changed to 85 feet of
construction area in forested areas.
That was a major change on the drawings.
Also in my testimony, the 18 inches of topsoil was
incorrect. It's 12 inches, according to the Ag
Mitigation Plan we filed with the State of South Dakota.
Q. There were some other changes in your testimony, but
those were the major ones?
A. Yes. As I remember, those are the major ones.
There are other changes, yes.
Q. Thank you.
MR. KOENECKE: I'll need to approach the
witness, please.
(Exhibit DAPL 41 is marked for identification.)
Q. Mr. Edwards, I handed you a document marked as
DAPL 41. Do you see that there?
A. Yes, sir.
Q. Can you tell us what that document is?
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A. That's my resume.
Q. Did you prepare it yourself?
A. I did.
Q. You referenced it in your revised testimony; is that
correct?
A. I did.
Q. And that's a resume that I should have filed on your
behalf; correct?
A. That is correct.
Q. It's the same document you gave me, though?
A. Yes.
Q. Does it fairly detail your extensive experience?
A. Pardon me?
Q. Does it fairly detail your extensive experience?
A. Yes.
MR. KOENECKE: I'll move DAPL 41 at this time.
MS. WIEST: Is there any objection to Dakota
Access Exhibit 41?
If no objection, it's admitted.
Q. Mr. Edwards, your revised testimony is marked as
DAPL 32; is that correct?
A. Yes, sir.
MR. KOENECKE: I'll move DAPL 32 at this time.
MS. WIEST: Is there any objection to Dakota
Access Exhibit 32?
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MR. RAPPOLD: Yes. We'd object on the grounds
that the revised testimony was not properly submitted
within the time frame consistent with Public Utilities
Commission orders for filing of direct testimony.
MS. WIEST: Any response?
MR. KOENECKE: Yes. Commission practice has
always been in the area of prefiled testimony that
witnesses are able to make corrections at the time they
take the stand. We always ask about corrections or
additions to their testimony.
In this case, we corrected Mr. Edwards'
testimony previously this week because we didn't want to
have it done on the stand right now at this time. We
gave more notice, as much notice, as we could have given.
So the alternative is for me to put his other
testimony on and go through and correct all of that line
by line. The end result's the same, and I think this was
a better way of going about it.
So, you know, I oppose the objection, and I
think we should go forward.
MS. WIEST: Yes. I will overrule the objection
and admit the revised exhibit since it does go to some
corrections that he could have made on the stand.
Go ahead.
MR. KOENECKE: We'll tender the witness for
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cross-examination. Thank you.
MS. WIEST: Ms. Baker, do you have any
questions?
MS. BAKER: I do. Thank you. Jennifer Baker
for the Yankton Sioux Tribe.
CROSS-EXAMINATION
BY MS. BAKER:
Q. Good morning.
A. Morning.
Q. Can you tell me how many workers will be used during
the construction process for the Dakota Access Pipeline?
A. There will be approximately 900 to 1,000 per spread.
Q. And how many spreads are there?
A. In South Dakota there will be two partial spreads
and one full spread.
Q. Okay. So two partial. So how many employees is
that for each partial?
A. Well, the spreads of -- the three spreads we call 4,
5, and 6 starts in Iowa. Spread 4 starts in Iowa and
runs into South Dakota. It will have approximately
1,000 people.
And then the spread that starts, spread 5, will
start, and it will be entirely in South Dakota, and then
spread 6 will start in South Dakota and terminate in
North Dakota, and it will have about 1,000 people.
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Q. So about 3,000 people in South Dakota?
A. Yes.
Q. How many of these workers are expected to come from
outside South Dakota?
A. As Joey testified, 50 percent are company -- they're
company employees for the contractor, and 50 percent come
from local union halls.
Q. Does that mean 50 percent of the workers will be
from South Dakota?
A. 50 percent will come from the local union halls.
Q. So that doesn't mean 50 percent will come from
South Dakota?
A. I don't have any way of knowing. They come from the
local union halls is the way the collective bargaining
agreement works with the unions.
Q. Okay. Are these workers permanent or temporary?
A. I don't understand. I don't understand your
question, temporary, permanent to what?
Q. Are the jobs temporary or permanent? Does that
clarify it?
A. Well, construction jobs by their nature are
temporary because construction workers build a project
and then move on to the next one. It's typical for
construction type.
Q. So for the workers that come from outside of
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South Dakota, where do you expect those workers to reside
while they're working on the construction project?
A. They will stay in local hotels, campgrounds. They
may stay with family or friends. There's numerous places
for them to stay.
Q. Okay. Do you have an idea, geographically speaking,
of where they'll be? For each spread, will everybody be
kind of focused in a particular town or anything like
that?
A. Not at this time. The contractor's still working
out the details of where their main yards will be and
where their satellite yards will be.
Q. Okay. Is it common practice for these temporary
workers to kind of -- kind of congregate and temporarily
reside inside of those yards? I'm sorry, I forget the
words you just used.
A. Their contractor yards?
Q. Uh-huh.
A. Yes.
Q. So it is the practice to kind of reside in that area
temporarily?
A. Sometimes. It depends what their jobs are, what
jobs they're doing.
Q. Do you have any idea how many workers might be
located in a particular town at a particular time?
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A. No, I do not.
Q. Have you identified lodging yet for the workers
specifically?
A. The contractor has. They've done a study of
available lodging in the area.
Q. And you don't know where that lodging is?
A. No. I do not.
Q. Your original testimony described the fourth typical
configuration as emergent, nonsaturated wetlands and
heavily forested lands.
What is the difference between that and heavily
forested or forested wetlands?
A. I will need you to repeat that again while I look at
this. Sorry.
Q. That's just fine. And if you compare the language,
the language is quoted from your two testimonies.
Your original testimony described the fourth typical
configuration as emergent, nonsaturated wetlands and
heavily forested lands.
What is the difference between that and heavily
forested or forested wetlands?
A. There's not a lot of difference between them.
Q. Okay. Why was that change made?
A. It was clarification. It matched the right-of-way
configurations that we were using.
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Q. Okay.
A. These being typicals, they weren't quite exactly
what we were using. We were using 100 feet in these
areas prior to this.
Q. So where did these typicals come from?
A. They were developed for the project.
Q. Okay. And the ones that were using 100, where did
those come from?
A. They were developed for the project.
Q. So was there just a change in the footprint of the
pipeline?
A. Yes. Minimized the areas through the forested areas
project wide. There's not a lot of forested areas in
South Dakota, but project wide we minimized those areas.
Q. Okay. And can you tell me why the fifth typical
changed? The fifth typical is different between the two
versions of your testimony.
A. What's the number on that?
Q. Five.
A. Is there a drawing number in the bottom?
Q. You know, I was actually referring to the
description in your testimony itself.
A. Okay. And what line is it?
Q. Line 68 in the revised testimony. And it's line 62
in the original testimony.
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A. And what's the question again, please.
Q. Why was there a change between the two typicals
described? Was it anything other than the 100 foot
versus -- actually, yes. Was it anything besides the
fact that the minimum actual depth or the 18 inches
language is not included in your revised testimony?
A. I'm sorry. I'm not following your question.
Q. Okay. What's the difference between the two
typicals? I mean, as someone who doesn't work in the
industry, I'm not familiar with these terms and how these
things work. So if you could just describe the
difference between the two.
MR. KOENECKE: It might be helpful, which two
typicals? That would help me.
MS. BAKER: I'm sorry. The fifth in the
original testimony, and the fifth in the revised
testimony.
MR. KOENECKE: Thank you.
A. The drawing number on the fifth on the typical is
what?
Q. In the revised testimony. Not the exhibit. It's
line 62 in the original testimony, line 68 in the
revised.
A. I don't have my original testimony here. I do not
have my original testimony up here. I'm sorry.
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Q. Okay. Do you recall what the fifth typical was from
your original testimony?
A. I do not. I don't like to work from memory.
Q. Okay. Well, it's in the record, and it does state
that there's 85 feet wide of work area, and your new
testimony states that it's 100 feet wide of work area.
And I thought that you just previously said that the
footprint had gotten smaller.
Was I incorrect in that understanding?
A. Yes. On number 4, the heavy forested areas was
smaller.
Q. Okay. So in number 5 it's gotten wider?
A. Yes.
Q. Okay. Can you explain why it's wider?
A. It was decided project wide to make it those
distances. It was environmental's decision.
Q. Is it expected that in that area there might be more
impacts to the surroundings than originally anticipated?
A. I don't think so. I don't -- these were plans that
we were working through the entire project.
Q. Okay. I'm just trying to get a feel for why the
extra space might be needed.
A. I can't answer that question for you.
Q. Okay. Can you explain what ditch line means?
A. That's the area where we excavate to bury the pipe.
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Q. Okay. And ditch spoils?
A. That's the -- what comes out of the ditch line is
spoils.
Q. Okay. Your testimony speaks about selection of
contractor yards. How do you determine whether an area
has ever been previously disturbed by human activity in
that process?
A. Well, that would be an area that maybe it's a
business that's failed, has a building and an already
graveled area for parking for the employees and putting
in temporary facilities.
Q. So you only consider previous commercial activity?
A. Well, it could be any activity. If there's an area
that's previously disturbed would be our first choices
for those kinds of yards, yes.
Q. Okay. And what I'm wondering is, how do you
determine whether it's been previously disturbed?
A. I believe you just look at it and you see it. But
if it's got a paved area or a graveled area, it was
previously disturbed.
Q. So you don't look at anything that might predate
paved and graveled areas?
A. I don't understand your question.
Q. I'll move on, actually.
How do you determine if an area has ongoing land
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use?
A. In what context?
Q. In the context of your testimony, lines 103 to 105.
It's actually on line 104.
A. Yes. Okay.
I would say that would be an area that maybe has
been converted to something -- you know, something else
other than an area of paved or graveled area that
somebody else is using for something else.
Q. So you would look for some sort of semipermanent
alteration to the terrain?
You're giving some examples, but I'm sure there's
just more than these examples. So I'm trying to figure
out how you make that determination, whether there's an
ongoing land use for that particular land.
A. Again, I think just looking at it, talking to the
residents who we're going to lease it from. Things like
that.
Q. How do you define ongoing land use?
A. I just don't understand. I don't understand what
you're asking.
Q. Well, you use the term ongoing land use in your
testimony, and I'm asking how you define that.
A. I'm sorry. I don't understand what you say an
ongoing land use. In what context?
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Q. In the context of your testimony.
A. I knew that's what she was going to say. Sorry.
Q. You talk about efforts being made to select
contractor yards that have been previously disturbed by
human activity but do not have an ongoing land use. So
you look for land that hasn't been disturbed but doesn't
have an ongoing land use?
A. A vacant area. I'm struggling for some words to
explain it. A vacant area. Some -- it's not that we're
going to put a contractor's yard where somebody already
has a -- some kind of business and force it out. I mean,
if it's got ongoing land use, we're not going to be using
that.
Q. Will you take any steps to determine whether an area
has sacred or cultural value to local communities?
A. I believe so. The yards we use -- that's why we
use -- we try to use previously disturbed yards.
Q. Well, if there's -- will you consult with the
Yankton Sioux Tribe before selecting a location?
A. I can't answer that question. That would be a
question you'd have to ask Monica.
Q. What will you do if, during the process of
establishing a contractor yard, you discover cultural
resources or human remains?
A. Joey answered that question. That would be the same
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as his answer.
Q. Okay. It's the same for construction of the
pipeline as for contractor yards?
A. Yes.
Q. Okay. Lines 113 to 114 of your testimony state that
access roads have not been thoroughly defined during this
early design phase.
At what point will access roads be defined?
A. We've engaged with the contractor to identify the
roads. That is ongoing today, will be ongoing for the
next several weeks as the contractor is on site now and
they're trying to identify those roads.
Q. Okay. So in about several weeks?
A. Yes.
Q. Why is it that access roads can't be defined yet?
A. Well, the contractor knows that they're best to
decide those roads. They know what kind of equipment,
what the weight of the equipment going down the roads
are. So they're best to define those things.
Q. Okay. And that just hasn't been done yet because
it's still in the early design phase, the project is?
A. Well, the construction portion of that is.
Q. Construction is in an early design phase; is that
right?
A. Yeah. The actual physical construction, yes.
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Q. Okay. If there's not enough information yet to
define access roads, and if the project is still in an
early design phase, do you think, based on your knowledge
of the project and its status, that there's enough
information yet for the Commission to make a decision on
the pipeline Permit?
A. I didn't say the pipeline was in its early design
phase.
Q. Okay. What's in the early design phase?
A. The construction process of access roads.
Q. Okay. Did you say the construction process of
access roads?
A. The access roads, yes.
Q. Okay. Not withstanding, do you believe that the
Commission has enough information to make a decision,
based on your knowledge of the project and the things
like this information, are still unavailable?
A. I do.
Q. How does Dakota Access define affected units of
government for the purposes of road use agreements?
A. Please repeat that.
Q. How does Dakota Access define local units of
government for the purposes of road use agreements?
A. You mean county township?
Q. I'm asking you.
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A. The only -- we have township roads. We have county
roads, and we have state roads.
Q. But local units of government -- let me take a look
here.
Okay. Line 115 you reference affected units of
government and private landowner. How do you identify
those affected units of government?
A. That would be the townships, the counties, and the
state roads.
Q. How are they identified as such? How do you say --
for instance, you wouldn't say probably that Spearfish is
an affected local unit of government because it's way on
the other side of the state. So how do you make that
determination of what is affected?
A. Roads we would use within a county.
Q. Will Dakota Access use any roads that traverse the
Yankton Sioux Tribe's reservation?
A. No.
Q. You're certain?
A. If -- yes. If Yankton Sioux Tribe is on the
Missouri River, no. It's 75 miles from our project, at a
minimum.
Q. Can you explain what bentonite is?
A. That's the -- well, generally. I'm not a
directional drill expert, but that's the product that's
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put into drilling -- it forms the drilling mud for
directional drill. It's an inert substance that helps
lubricate the drill stem and keeps the directional drill
hole -- flushes out the cuttings in the directional drill
hole, and it keeps it from collapsing.
Q. Okay. So this is something that you'll be using
with the process?
A. With the directional drill process, yes.
Q. Is it biodegradable?
A. I don't know.
Q. You don't know. Is there anyone that does know?
A. Yes.
Q. Anyone that will be providing testimony?
A. Yes.
Q. Okay. Who would that be?
A. It would be Monica.
Q. Okay. Can you tell me if it's safe, this bentonite?
A. I can tell you that we've disposed of bentonite,
land farming it in many areas as a beneficial land
farming product.
Q. Okay. What's land farming?
A. Where we take the drilling mud and cuttings and
spread them out over a farm area and we till them in.
Q. Okay. Is that how you intend to dispose of the
bentonite in this project?
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A. I don't know. We're still in the process of
obtaining permitting for bentonite. Monica can answer
those questions.
Q. Okay. Does bentonite have any warnings about
exposure or consumption?
A. I'm sure you wouldn't want to eat it. It would be
like eating dirt. I don't think you'd want to eat dirt.
Q. No. But dirt's not necessarily toxic. Is bentonite
toxic?
A. I don't know. Not that I'm aware of.
Q. Okay. What source or sources of water will be used
for hydrostatic testing?
A. Say that again.
Q. What source or sources of water will be used for
hydrostatic testing?
A. There's numerous lakes and other water bodies along
the project we're identifying to use for hydrostatic
testing.
Q. Okay. You still have not identified those then?
A. We have some preliminary work done on them. Still
working with the contractor to figure out what test
sections, how we test the pipe, in what sections, where
we would need water. There's numerous water supplies.
Q. Okay. How much water is necessary for this?
A. Millions of gallons. I don't have that information
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with me right now.
Q. Okay. Can you tell us some of the sources that will
be used or that you expect to be used?
A. I cannot.
Q. Millions of gallons, but we're not sure yet where it
comes from?
A. Well, we are. We know different areas where it
would come from. This water will not be used. It will
be returned back to its water source. It's
uncontaminated. There's new pipe, so we're not using
this water as water used. It's water that's used and
returned back to its source.
Q. How can you ensure that it's not going to be
contaminated in the process? Does it not come into
contact with any other substance or chemical?
A. No. It does not. We do not put any chemicals in
our test water. We take the water out of the water
source, put it in the pipe and then discharge it back
into the water source.
Q. And the water doesn't contact anything except the
pipe?
A. Exactly.
Q. What about bentonite?
A. No.
Q. And did you testify that the water that's used for
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hydrostatic testing will be returned to the source?
A. We will return it to wherever the Permit requires.
Sometimes permits require a water source. Sometimes
permits require another area. We'll return it to
wherever the Permit requires.
Q. Okay. And do you have these permits yet?
A. No, we do not.
Q. The Yankton Sioux Tribe asked about disposal of
discharged water during discovery. And Dakota Access
said that only two types of discharges will occur during
the project construction, and that those are hydrostatic
testing and trench dewatering.
But your testimony shows that horizontal directional
drilling will also result in water discharge. Why was
that not disclosed in discovery?
A. The directional drilling will not be a discharge.
Mud will be -- the drilling mud will be captured in mud
pits and disposed of.
Q. Okay. So will the source of water for the
directional drilling be the same as the source of water
for the hydrostatic testing?
A. It could be.
Q. It could be, but not necessarily?
A. Not necessarily.
Q. How much water is required for the directional
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drilling?
A. I don't have that information here with me, but we
do have estimates of those.
Q. Okay. And how exactly will the mud be disposed of?
A. According to whatever the state requires in a
Permit. Many states allow it to be land farmed as a
beneficial use to the farmers. And Monica will answer
that question.
Q. Okay. So which discharge water gets filtered
through straw bales?
A. Which discharge water?
Q. Yes.
A. Oh, the hydrostatic test discharge will be through
straw bale structure.
Q. Okay. Now why is it going to be filtered through
straw bales if it doesn't have anything in it?
A. It's just to ensure -- we filter it. It doesn't
have anything in it. Doesn't have any chemicals in it.
It may have a little mud, a little things that were
inside the pipe. Dirt may have been inside the pipe. It
may have some dirt in it. So we filter it so we don't
have downstream sediment.
Q. So the only purpose of the straw bales is to filter
out dirt?
A. Yes.
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Q. Will the water be tested at all before it's actually
discharged?
A. It will be.
Q. What do you test for?
A. They test for a number of things, and Monica can
explain that. We test before and after.
Q. Okay. Your prefiled testimony states that Dakota
Access does not anticipate using deep well injection.
What circumstances might arise that could cause deep well
injection to become necessary?
A. There wouldn't be any. We have no -- we're not
going to generate anything that needs to be deep well
injected.
Q. Okay.
MS. BAKER: The Yankton Sioux Tribe has nothing
further.
Thank you.
MS. WIEST: Thank you. At this time I think we
will take our break for lunch. We will take one hour and
15 minutes.
(A lunch recess is taken)
MS. WIEST: I believe where we left off is
Ms. Baker had just finished her cross; is that correct?
MS. BAKER: That's correct.
MS. WIEST: And I would have one reminder. When
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you're not speaking, could you please turn off the
microphone.
Thank you. And we will go to Ms. Northrup.
CROSS-EXAMINATION
BY MS. NORTHRUP:
Q. Good afternoon, Mr. Edwards.
A. Good afternoon.
Q. My name is Margo Northrup, and I represent the South
Dakota Association of Rural Water Systems.
And you are aware that there are seven nonprofit
rural water systems that are impacted by this proposed
project; is that correct?
A. Correct.
Q. And I believe from your testimony there's about
approximately 332 miles that are crossed. Does that
sound correct?
A. Yes.
Q. Would you agree with me that maintaining the
integrity of these waterlines is imperative to the safety
and welfare of the citizens of South Dakota?
A. I would completely agree.
Q. And my understanding is that there are six of those
rural water systems that are entered into agreements with
you; is that correct?
A. Correct.
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Q. And generally what safety measures are considered by
Dakota Access Pipeline in crossing these waterlines?
A. First we would physically locate them and ensure how
deep they are and their size. And then we would cross
over -- well, in a case of the districts, they're going
to bore the lines down deep enough -- the systems that we
have agreements with, they're going to bore the lines
deep enough we can cross over the top of it.
But on the Lewis & Clark line, we would ensure that
we're deep enough on our bore that we would never affect
that pipeline.
Q. So you mentioned the Lewis & Clark line. And my
understanding is there's currently one crossing that
Lewis & Clark can anticipate; is that correct?
A. There's one also in Iowa.
Q. Correct. But for the subject of these proceedings,
there's one crossing?
A. Yes. Yes.
Q. And how close to the city of Tea is that waterline,
to your knowledge?
A. A couple of miles south.
Q. And you understand that that's a 54-inch pipeline;
is that correct?
A. Yes.
Q. And so that puts Lewis & Clark in a different
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situation than the other six rural water systems that
were able to come to agreements. Would you agree with
that?
A. Yes.
Q. And so specifically for this water crossing, it
would require Dakota Access Pipeline to actually bore
underneath the line; is that correct?
A. That is correct.
Q. And are you aware that the City of Sioux Falls gets
over 50 percent of their water from the Lewis & Clark
system?
A. I am now, yes.
Q. And would you agree with me that maintaining the
integrity of that 52 inch waterline is imperative to the
safety and welfare of the citizens of Sioux Falls?
A. Completely.
Q. Lewis & Clark has a series of conditions that they
believe are imperative to maintain the integrity of the
line. Are you generally aware of that?
A. Yes.
Q. Is Dakota Access committed to resolving those
concerns?
A. Yes, we are.
Q. In reference to some of those conditions that might
be appropriate for this proceeding, you know, for
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example, would it be -- how much of separation is between
the lines, the waterline and the pipeline? Would that be
a safety consideration?
A. Yes.
Q. In reference to the safety after the lines are in
place, what monitoring does Dakota Access Pipeline
undergo to make sure that there isn't a leak, and if
there is, that there's early detection? Can you explain
that?
A. Well, there would be corrosion monitoring in those
areas. On the proposal there would be a common test lead
there so we could check the cathodic protection on each
pipeline and ensure there's no interference with each
line so there's no opportunity for corrosion.
The wall thickness of the pipe we're putting in
there is heavier than the normal wall thickness pipe.
And it has extra coating on it, external coating.
Q. And are you familiar with the Lewis & Clark easement
that they currently have registered with the Register of
Deeds?
A. I am not familiar with that easement.
Q. Okay. Would you agree generally, though, that
either there needs to be an appropriate crossing
agreement with conditions or condemnation would be the
other alternative?
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A. I don't know.
Q. Is Dakota Access Pipeline, you know, committed to
continuing to work with Lewis & Clark to negotiate and
come up with conditions that might be of benefit to both
parties?
A. We are.
Q. And would that be providing plans and specifications
so that the engineers would have a time to review those
in a timely manner?
A. Yes. We can provide whatever plans they believe are
appropriate.
MS. NORTHRUP: I have no further questions.
MS. WIEST: Ms. Best, did you have any
questions?
MS. BEST: I do not. Thank you.
MS. WIEST: Mr. Rappold.
MR. RAPPOLD: Yes. Thank you.
CROSS-EXAMINATION
BY MR. RAPPOLD:
Q. Good afternoon, Mr. Edwards. My name is Matt
Rappold. I represent the Rosebud Sioux Tribe.
A. Good afternoon.
Q. I want to ask you some questions about your amended
testimony to get started.
MR. RAPPOLD: Am I picking up on the microphone
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okay?
MS. WIEST: I think so.
MR. RAPPOLD: I talk kind of soft.
Q. In your direct testimony you indicated that there
were two major changes made to your testimony; is that
correct?
A. Generally, yes.
Q. That's generally correct?
A. Yes.
Q. And then you also indicated that there were some
other changes. And then after that we started talking
about your resume. And we took a break, and your resume
was admitted.
But we never really came back to the other changes
that wouldn't be generally considered major changes. So
I'd like you to tell us specifically what the other
changes are to your revised testimony.
A. Well, the exhibits were changed. The amount of work
area in forested wetlands was changed, forested areas,
forested wetlands was changed.
Q. I'm sorry. Can you like refer me to a specific
location in the testimony?
A. I could. I don't have my other testimony up here to
go all through this.
Q. I've only got one copy of your original testimony.
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A. I don't know. Is your plan to go through page by
page, line by line?
Q. Well, I don't know that it's necessary to go line by
line, page by page. But I want you to be able to tell
us, you know, exactly what was changed.
MR. KOENECKE: I'm going to object to this line
of questioning. His testimony is what it is, and we can
go through it. We don't need to compare the two I think
line by line. That's what we tried to avoid.
MS. WIEST: Did you have a response?
MR. RAPPOLD: No, I don't.
MS. WIEST: Objection overruled.
Q. I'd like to go to page 7 of your new testimony, and
I'll point you specifically to line 143. And that's the
middle of a sentence, but it says, "trenches will be
discharged in strict compliance with DAPL Agricultural
Impact Mitigation Plan."
Are you able to locate that term strict compliance?
A. Yes.
Q. In your original testimony?
A. Oh. I don't have my original testimony.
Q. If I were to give you a copy of your original
testimony to look at, do you think that would help you?
A. I'm sure it will.
Q. Okay.
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A. I can read.
MR. RAPPOLD: Can I approach? I'm handing the
witness what was previously marked as Dakota Access
Exhibit 5.
A. What is your question?
Q. Are you able to tell me in your old testimony where
the phrase "strict compliance" is?
MR. KOENECKE: If I might, I'll give the witness
a hand. It's on line 129 on page 6 of your original
testimony.
THE WITNESS: Okay. I just found it.
Q. Thank you. Because I couldn't find it.
Can you tell me why that phrase strict compliance
would only be used in one portion of your testimony? Are
you only going to strictly comply with this portion of
the Permit if you get it?
MR. KOENECKE: I object. He's being
argumentative.
MS. WIEST: Overruled.
CHAIRMAN NELSON: I'd like the Commissioners to
rule on that.
MS. WIEST: Go ahead.
CHAIRMAN NELSON: I'd sustain the objection.
COMMISSIONER SATTGAST: I'd concur with the
Commissioner on that.
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COMMISSIONER HANSON: I'll sustain.
MR. RAPPOLD: Can I have an opportunity to chime
in on response? It's a choice of words that were used by
the witness. It only appears to be used one time in the
testimony. And I'm just curious as to why it was only
used one time.
MS. WIEST: And the objection has been
sustained.
Q. Do you recall one of the Commissioners asking you a
question about how close to any houses the project will
be?
A. Say that again, please.
Q. I believe it was Commissioner Hanson asked you the
project was going to be within 200 yards of any homes.
Do you recall that?
A. I recall the question. It wasn't asked to me,
though.
Q. Do you recall who the question was asked to?
A. It was Joey.
Q. And you were in the room here when he answered?
A. Yes.
Q. And do you recall his answer being that the pipeline
would not be that close to any homes?
A. I don't remember his answer.
Q. But it's your testimony -- it's your testimony that
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the project at its nearest point will come within
approximately 200 feet of the home?
A. That is correct.
Q. Okay. Do you have any knowledge of other permits
that Dakota is currently applying for?
A. Permits for what?
Q. For the construction of the Dakota Access Pipeline.
A. In South Dakota?
Q. Anywhere.
A. I can just speak for South Dakota.
Q. Do you know how many other permits in South Dakota
Dakota Access Pipeline will be applying for?
A. Numerous road crossing permits that I'm aware of.
Q. Is that all you're aware of?
A. Correct. Directly aware of.
Q. And would the road Permit applications be something
that you're responsible for doing?
A. The people that work under my direction are.
Q. Okay. And, again, is your construction plan still
spring of 2016?
A. Correct.
Q. And when you refer to spring, are you using the same
general definition that every other witness has used?
A. Yes.
Q. Yes?
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A. Yes.
Q. Okay. How long will the construction take in
South Dakota?
A. Planned, about six months.
Q. Will you be constructing during the wintertime?
A. We have no plans to construct during the wintertime.
Q. If you started in June, would you be done before
wintertime?
A. Probably hit the limit. That's about six months.
Q. Going back to your general definition of spring, do
you apply the same type of general definition to
wintertime?
A. Yes. I think we have to. We don't know what the
weather might be.
Q. So winter could be from, like, October to March?
A. I don't know what next year's bringing for weather.
Sorry.
Q. I don't either. But we do know how spring and fall
and summer and winter are defined on the calendar; right?
A. Sure.
Q. Okay. I'll refresh my memory. How long is the
route in South Dakota? How many miles?
A. 270. You know, I have to look.
Q. I don't need the exact mile. But is 270 pretty
close?
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A. Yeah. 274. 275.
Q. Fair enough. And the permanent easement following
construction will be 50 feet wide?
A. Correct.
Q. So then what we're looking at here basically is a
50-foot-wide by 270 miles long corridor through
South Dakota. Is that accurate?
A. Yes.
Q. And do you think that would represent a permanent
change to the landscape?
A. No.
Q. You don't?
A. No.
Q. Why not?
A. Because we restore the ground to -- back to its
original condition and crops grow on it again. Grassland
grows again. There's a number of pipelines that you
could go look at and you probably can't tell where they
are today, within this state.
Q. Are you familiar with noxious weeds?
A. Generally.
Q. Are you aware of any of the concerns that Fish &
Wildlife Service has with the spread of noxious weeds?
A. I am not. That would be a question for Monica.
Q. What would you describe then as a permanent impact
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to a disturbed area?
A. Well, in a place that -- for instance, where we
purchased our pump station, that would be a change in
land use.
Q. Do you know if Dakota Access has purchased any pipe
that would be used in South Dakota?
A. No. I'm not aware if Dakota Access has purchased
any pipe.
Q. Have you determined where the staging yards will be
yet?
A. Staging yards?
Q. Yeah.
A. Meaning?
Q. I think it's a term that came from your testimony,
so I assume you know what it means?
A. The construction stage yards?
Q. Yes.
A. No. We have not determined those.
Q. What's the time frame for doing that?
A. We're in the process of doing that now with the
contractor now that we have a contractor.
Q. You have a contractor now?
A. Well, as Joey testified.
Q. Okay. And what about the contractor yards? Do you
know where they're going to be?
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A. No.
Q. There could be additional permits that are required
for both the staging and contractor yards; is that
correct?
A. I'm assuming there could be. I don't know. I'm not
aware of that.
Q. And if there are, you wouldn't be able to apply for
those permits until after you've identified the staging
and contractor yards; right?
A. That would only make sense.
Q. And there is the possibility that some of these
other Permit applications could be denied; is that
correct?
A. For a staging yard?
Q. Any other Permit that you need to get.
A. Yeah. There's always that possibility.
Q. You haven't applied for your hydrostatic testing
Permit yet, have you?
A. No.
Q. When do you plan on doing that?
A. Once the areas are identified.
Q. When do you plan on doing that?
A. We're in the process of doing that. There are many
water sources within South Dakota.
Q. It seems like -- strike that.
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Is there a reason that your testimony doesn't
address any of the Fish & Wildlife Service easements,
grassland or wetland easements that you want to cross?
A. It's not my field of expertise.
Q. Thank you. Your testimony mentions land use
classifications, doesn't it?
A. It mentions it, yes.
Q. And it doesn't include Fish & Wildlife Service
easements in land use description, does it?
A. No. It's a general land use, commercial,
agricultural type land use.
Q. Can you tell us specifically -- more specifically
what the issues are with the Lewis & Clark water system?
A. I don't understand that question.
Q. Are there any other issues or problems associated
with crossing at the Lewis & Clark water system that you
haven't already disclosed?
A. We're in negotiations with Lewis & Clark for that
crossing.
Q. Would you agree that small oil spills and improperly
handled wastes can degrade soil and water?
A. Not necessarily.
Q. Would you agree that improperly handled spills could
degrade vegetation?
A. Probably -- repeat that question, please.
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Q. Would you agree that small oil spills that are
improperly handled and wastes that are improperly handled
can harm vegetation?
A. Yes.
Q. Would you agree that spills and improperly handled
waste can harm fish?
A. Yes.
Q. Would you agree that spills and improperly handled
waste could harm wildlife?
A. Yes.
Q. Would you agree that spills and improperly handled
wastes can harm air quality?
A. Yes.
Q. Would you agree that air quality can be degraded
from dust and engine emissions generated during the
course of construction?
A. No.
Q. Why not?
A. I don't think it's any different than every activity
that happens today.
Q. Okay. So our current emissions from our cars don't
harm the environment? Is that what you're saying?
A. That's what I'm saying, yes. As far as I'm
concerned.
Q. Okay. Would you agree that natural sound is
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interrupted by vehicle, human, and drilling noises?
A. Natural sound?
Q. Yeah.
A. I don't understand that question.
Q. Well, natural sound would be something like a bird
whistling or the noise you hear when the wind blows
through the trees. You know, those sort of natural
sounds, things that aren't made by humans.
A. Yes.
Q. Do you understand what I'm --
A. Yeah. Okay.
Q. So you would agree that natural sounds can be
interrupted by vehicle, human, and drilling noises?
A. Well, yes. Natural sounds are interrupted by all
noises man makes.
Q. Yes. Would you agree that fish and wildlife may be
injured by human presence in the area where they live?
A. No.
Q. No?
A. Human presence?
Q. Yeah.
A. In an area of fish and wildlife?
Q. Yeah.
A. I see it happen all the time.
Q. I'm just asking if you agree that people -- the
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presence of people in areas where fish and wildlife live
can harm them?
A. No.
Q. You don't think it could, huh?
A. No.
Q. Okay. What about the presence of vehicles?
A. Vehicles in the area of fish and wildlife?
Q. Yeah.
A. No.
Q. A vehicle couldn't hurt an animal?
A. Yes. If it's on the highway, yes.
Q. What about if it's on the way to the wetland where
you're going to drill a hole to put a pipeline?
A. No.
Q. It couldn't harm them then?
A. No.
Q. How come?
A. They move. They'll move off the right of way.
Q. Do you think they --
MR. KOENECKE: I'm going to object to this line
of questioning. It seems simplistic and elementary, and
I think it's just badgering my witness. And I don't see
the point to this line of questioning at all, Ms. Wiest,
and so I object.
MR. RAPPOLD: These are all things that are
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related to the quality of the environment and the
protection of our natural resources and are all
activities if they take place in those areas that could
potentially harm threatened or endangered species and
their habitats.
MS. WIEST: Yes. It does seem somewhat
repetitive. If you could move on or try to close this
type of questioning, conclude this line of questioning.
CHAIRMAN NELSON: I'm going to move to sustain
the objection.
MR. RAPPOLD: How many people --
MS. WIEST: Just a second. We need a vote from
the Commissioners.
COMMISSIONER SATTGAST: I sustain.
COMMISSIONER HANSON: I need to comment. I
think Ms. Wiest's comments to Mr. Rappold were
appropriate, that he needed to move on and be specific
about them, but I do agree -- I will sustain it. But I
don't want to prohibit him from a line of questioning
that will provide that information.
Q. How many people do you anticipate being in a spread
at any given time?
A. 900 to 1,000.
Q. And how long is each spread?
A. They're around 125 to 130 miles each.
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Q. Okay. Would you agree that right of ways can
displace wildlife from their habitats?
A. No.
Q. Would you agree that a right of way could act as a
barrier to wildlife movement and affect migration routes?
A. No.
Q. Do you have any background in natural resources?
A. No.
MR. RAPPOLD: I'll rest. Thank you. No further
questions.
MS. WIEST: Ms. Craven.
MS. CRAVEN: Thank you.
CROSS-EXAMINATION
BY MS. CRAVEN:
Q. Kimberly Craven on behalf of the Dakota Rural Action
and Indigenous Environmental Network.
How are you today?
A. Fine.
Q. Good. So I read through your resume, and it sounds
to me like you go to a lot of meetings and sign a lot of
paper; is that right?
A. Not necessarily, no.
Q. It says managing coordinator with managers of
survey. That sounds like a meeting status updates
meetings. Review and commenting on applications,
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paperwork, preparing bid documents, evaluating bids,
ensuring compliance, responsible for project costs. That
sounds like a lot of office paperwork meeting stuff?
A. Ensuring compliance is not office work.
Q. Does it take you out in the field?
A. Yes, it does.
Q. Okay. And you moved up to Sioux Falls from Texas?
A. Yes.
Q. Have you been through winter yet here?
A. Yes.
Q. Did you like it?
A. It's wonderful.
Q. It's different, isn't it?
A. It's wonderful.
Q. Yeah. Different than Texas.
You testified that the mitigation for wetlands is in
the use of mats. And will mats be used for every
wetlands crossing?
A. Yes.
Q. And how will it be chosen which wetlands will be
crossed and which contractors will use the mats? Who
will make that decision?
A. Ask that again, please.
Q. So when you're out there in the wetlands and you're
planning the crossing about using the mats and the
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contractors using the mats, who actually makes that
decision? Is that you or is it the contractor?
A. Well, the contractor and the environmental
inspectors.
Q. And you testified that there will be no permanent
impact to agriculture. Could a spill affecting
groundwater used for irrigation potentially result in a
long-term impact on ag production?
A. Depending how it's cleaned up, yes.
Q. When you testified that there would be no permanent
impact to the surrounding areas, could a spill in surface
water potentially result in long-term impact on
surrounding farms and ranches?
A. A spill of surface water?
Q. A spill of oil. Would that impact the farms and
ranches? Could a spill in the surface water potentially
impact -- result in impacting the surrounding farmers and
ranchers?
A. Yes. It could impact if it's not cleaned up
properly.
Q. You also testified that the discharge of hydrostatic
test water will not significantly impact the waters of
South Dakota; is that right?
A. That's correct.
Q. And are you a hydrologist?
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A. No, I'm not.
Q. And you also testified that you prepared Section 19
of the DAPL Revised Application regarding local land use
control; is that correct?
A. No. I worked on portions of that.
Q. Are you a land use planner?
A. No.
Q. Have you had training in it?
A. No.
Q. Do you have any educational background at all
regarding the land use planning?
A. No.
Q. You also testified that you prepared Section 19 of
the DAPL Revised Application, 23.5 on the impacts of
construction of DAPL on transportation; is that correct?
A. Correct.
Q. Are you a transportation planner?
A. No.
Q. Have you had any educational background regarding
land use planning?
A. You asked that question about land use.
Q. Okay. Do you have any educational background
regarding transportation planning?
A. None.
Q. None.
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MS. CRAVEN: I would move to strike portions of
this witness's testimony based on the fact that he does
not have -- he is not an expert witness testifying on
hydrology, agricultural and land use. Under Rule 702 he
cannot testify to impacts on hydraulic resources, ag
mitigation, planning, zoning. He has no expertise in
these areas, and his testimony is improper opinion
testimony.
MS. WIEST: Mr. Koenecke.
MR. KOENECKE: Mr. Edwards' testimony -- the
objection far overstates the foundation which is thought
to have been laid for that. Mr. Edwards is an expert in
pipelines and has extensive experience in doing those
things which have been referenced which a pipeline
requires.
His testimony is perfectly acceptable and
appropriate and should be allowed to stand.
MS. CRAVEN: He may have a lot of experience
with pipelines, but he is not an expert with pipelines.
And you did not present him as an expert with pipelines.
MS. WIEST: Objection overruled.
MS. CRAVEN: So you denied my motion to strike
his testimony?
MS. WIEST: Yes.
Q. In Joey Mahmoud's prefiled testimony he stated that
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DAPL will terminate employees who violate its code of
conduct so there will be no impact on local law
enforcement, but then he expressed some uncertainty about
exactly what kind of conduct results in termination.
As a construction foreman, do you have any insight
on the issue of how DAPL disciplines laborers who commit
a crime?
A. I don't understand your whole -- that question.
Q. You work with construction crews.
A. You talked about Joey's testimony at the beginning.
Q. Yeah. Well, he testified about how workers are --
if they create -- if they have a crime or they get into
trouble how they're treated. But you're right there on
the ground with the construction crews. You said you're
out in the field with them and working with them closer.
So do you have any knowledge about how DAPL
disciplines the laborers who commit a crime?
A. Well, and I believe Joey testified to this, that the
contractors will have the say about how their employees
are disciplined. They work for the contractors.
Dakota Access has the overall responsibility about
what the final determination is. We can decide that they
are not allowed to work on our project anymore.
Q. So that would be how you would discipline the
workers of subcontractors? You would not have them work
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on the project anymore?
A. You know, I don't know what the -- what the crime
is. You haven't told me what the crime is. And I don't
know if it matters what the crime is, but each individual
offense will be looked at.
Q. There's a portion of your testimony where you talk
about getting temporary work stations. How are you going
to determine where those are?
A. Are you referring to the contractor yards?
Q. No. They're called temporary work stations I think
is what you referred to them as?
MR. KOENECKE: Is it temporary workspace,
perhaps?
MS. CRAVEN: Is that what it is?
Q. Temporary workspace. Yeah.
A. Okay.
Q. And I think that was one of the changes that was in
the testimony from the new to the old is -- as well that
this sentence was added about the temporary workspace.
MR. CREMER: This is Karen Cremer from Staff.
And I just -- I need to clear up confusion on my part,
and I apologize for interrupting, but was this witness's
first set of testimony -- has that been admitted into the
record?
MR. KOENECKE: No.
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MR. CREMER: Okay. Thank you.
MS. CRAVEN: I'd like to move to admit the first
set of his testimony into the record then so we can
discuss it.
MS. WIEST: Any objection?
MR. KOENECKE: I'd object. You need to lay some
foundation before you just move that.
MS. CRAVEN: Well, the foundation has been laid
by the DAPL attorneys who have submitted one set of
testimony that we all prepared for and then at the last
minute provided a different set of testimony which we
find confusing, and we'd like to be able to discuss the
changes in the testimony so that we're clear.
And it's my -- I'm of the opinion or belief that
this is a hearing about -- that's supposed to be
transparent about how this project's going to be put
together, and I have a question about these temporary
workspaces that were added and how they're going to be
acquired, how large they are and, you know, just general
information about that.
MS. WIEST: Well, Mr. Koenecke, would there be a
problem in admitting the testimony just for the purposes
of noting what the differences are between the two?
MR. KOENECKE: Thank you for the question.
I would say that it's something that the
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questioner needs to have it marked and put a number on
it. We've got to go back and start. I don't think
that's been marked as an exhibit even.
MS. WIEST: Right. And that's my issue.
MR. KOENECKE: There's some work that needs to
be done, I guess, preparatory to making a motion like
that.
As far as it goes, the testimony that's already
in the record is certainly something he can be questioned
about, but --
MS. WIEST: So my question is since the
testimony was filed and then revised testimony was filed
later in the proceeding, is there a problem with showing
the old testimony only for the purposes of stating what
the changes were made from one testimony to the other
testimony?
MR. KOENECKE: We filed revised testimony in
order to avoid confusion and avoid having multiple
documents drawn and admitted and having line strikes
through, and I -- I would, you know, resist based on
that.
We're trying to move the hearing forward and
reduce confusion and have questions about what the actual
testimony is. Why would we have questions about what the
testimony is not? I guess that's where I'm coming from.
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COMMISSIONER HANSON: I would move to sustain
the objection. I can discuss my motion if you wish, but
that's my motion.
MS. WIEST: Go ahead.
COMMISSIONER HANSON: The evidence that has been
presented is the evidence that we have. The party -- the
Applicant, anyone, has a right to present testimony, and
if they feel it is in error, they have a right to correct
it prior to it being presented.
There's many times that we've had situations
where people prepare information and decide that it needs
to be corrected, and it serves as no purpose to have two
sets of testimony before us.
If there is a question pertaining to any one of
the disciplines that this witness has, then they should
ask that question. And that question can certainly
encompass any type of question they have pertaining to
the original information that was submitted. So I just
don't see the purpose of having two sets of testimony
from a person.
MS. WIEST: Other Commissioners.
CHAIRMAN NELSON: I would concur with that, and
will also move to sustain.
The comment that I would make is personally the
first set of testimony left me with some confusion. And
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when the second set came in, that resolved a lot of the
confusion that I was left with with the first set. And
so I'm prepared to move on utilizing the second,
corrected set for the information that I need to make a
decision in this docket.
COMMISSIONER SATTGAST: I would concur with my
colleagues on that and sustain as well.
MS. WIEST: Ms. Craven.
MS. CRAVEN: I'll withdraw my motion.
Q. So would you please tell me about the temporary
workspace or construction right of ways that are required
for the construction activities for a spread?
A. Yes. And the best way to describe that is to look
at the -- the provided typicals.
Q. Uh-huh.
A. Do you want me to go through all of them?
Q. Sure. If you'd like to go through all of them.
A. Okay. The first one is a -- that's full right of
way topsoil segregation. You'll see the topsoil is not
on where the equipment is, where the ditch line is or
where the spoil pile is.
And typically that's what we would do in
agricultural areas. It puts the topsoil off to the side,
and then all the subsoils -- the pipe's put in the ditch,
all the subsoil's put back, and the topsoil's spread back
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across the top again.
And that's a typical 150 feet wide.
We call the ATWS that you'll see in there, it's
additional temporary workspace, is the spoil area, the
additional 25 feet on the right-hand side of the drawing.
And the TWS is temporary workspace, and the easement is
the 50 feet in the middle.
Q. So would you repeat again how large the temporary
workspace is going to be then?
A. The additional temporary workspace is 25 feet.
Q. Uh-huh.
A. The easement is 50 feet. So the additional for the
150 feet is 75 feet.
Q. And the temporary workspace is just on one side of
the pipeline?
A. No. It's both sides.
Q. So is it 25 on each side then?
A. Yes.
Q. So it's actually another 50 feet on each side, all
total the aggregate is 50 feet?
A. It's 150 feet total.
Q. Total.
A. We can get confused with the 50 and 25, but it's 150
feet total. And that's in agricultural areas.
Q. Okay.
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A. Full topsoil segregation.
Q. There's four drawings.
A. Yes.
Q. Are you going to go through all of them?
A. If you'd like.
Q. Sure. Go through all of them. Yeah.
A. The second one -- well, it's the same as the first
one. I'm sorry. The first one shows a tile line, and I
didn't explain that. We've committed to two foot of
clearance on the tile lines. So the first one depicts
the tile lines in there, the field tile, the farm tile
lines.
The second one is the same drawing without a tile
line in it.
Q. Okay. And is this the same 150 feet?
A. Yes, it is.
Q. All total?
A. Yes, it is.
Q. The third one?
A. The third one is upland construction, ditch line
only, segregation of the topsoil. And you'll notice in
there the back dirt depicts the topsoil. And we'd take
the topsoil off the ditch line only where the spoil pile
is, and we put the topsoil off to the side. Same thing
happens. Take the topsoil off, dig the ditch, and then
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put the -- reverse it. Put the spoil back in -- put the
pipe in, put the spoil in, put the topsoil down. That's
125 feet.
Q. So a little bit smaller?
A. A little bit smaller, yes. We don't have as much
topsoil to stockpile, so we can do it in less feet.
Q. And is that for the wetlands? That's 125 feet in
the wetlands?
A. This is uplands.
Q. Uplands.
So then the next one is the heavily forested lands,
wetland and uplands?
A. Yes.
Q. So that's 125 feet. So if you're going through the
wetlands, it's 125 feet work area?
A. On the next one. It's 85 feet on the next one
total.
Q. Okay. Okay. Because it says -- oh, you have
uplands twice. So you have uplands, construction, ditch
line. And then you have heavily forested lands,
wetlands, and up --
A. It's meant to be heavily forested uplands.
Q. Oh, okay. Heavily forested uplands. The wetlands
and the uplands.
A. Yes.
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Q. Okay. So that's a typo or mistake?
A. It's just a way of wording it.
Q. So how large is this one?
A. 85 feet.
Q. 85 feet through the wetlands?
A. Yes.
Q. And then the next one, the scrub shrub saturated
wetlands?
A. It's tough, isn't it?
Q. Don't say that too fast. Yeah.
Sir, how large is that?
A. That's 100 feet.
Q. So that's larger. In the saturated wetlands it's a
larger --
A. Yes.
Q. -- work area?
A. Yes.
Q. Okay.
A. Larger than the forested.
Q. And so if you have the right of way that you've
acquired from the landowners, how do you get the
temporary workspace?
A. Well, we purchase it also.
Q. So you're not just purchasing the right of way of 50
feet or whatever. You're really purchasing the 125 feet
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so you have this -- so that's the area that you own for
the duration of the pipeline?
A. Yes. Construction workspace, yes. And the
easement.
Q. And so how are those acquired?
A. What do you -- I need more.
Q. Through eminent domain? You take the temporary
workspace through eminent domain?
A. No. It's all when we purchase the easement, we
purchase the construction workspace at the same time.
Q. But if somebody doesn't want to sell you their
property, you take it through eminent domain and the
additional workspace too?
A. That would be a last resort.
Q. On line 99 -- I hope I'm referring to the right
testimony -- you do talk about a pipe that's already been
acquired. I'm not sure it's 99. I was looking at the
wrong testimony.
Could you talk about the pipe that's already been
acquired for the DAPL?
A. Pardon me?
Q. Has the pipeline already been acquired?
A. Yes.
Q. Has all the pipeline already been acquired?
A. Yes. Pretty much so.
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Q. And where is that pipeline today?
A. The line pipe?
Q. Yeah. Yes.
A. It's in storage yards.
Q. And where are those storage yards located?
A. Throughout the project.
Q. Do you have any locations for them?
A. Yes.
Q. Could you tell us?
A. You mean in South Dakota? Aberdeen and Worthing.
Q. Pardon me?
A. In Aberdeen and Worthing.
Q. And how are those pipelines being stored?
A. In storage yards.
Q. Are they outside or are they inside?
A. Oh, they're outside.
Q. Are they covered or are they uncovered?
A. They're uncovered.
Q. They're uncovered pipes sitting in a storage yard.
How long have they been there?
A. A number of months.
Q. Do you know exactly how many months?
A. No, I do not.
Q. A year?
A. No. It hasn't been a year.
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Q. I have just one last question. DAPL has said --
will you be requesting any waivers from any of the
permits or licenses that you will be required to obtain?
A. I don't understand what you mean about a waiver.
Q. Like saying we don't want to get that Permit; we'd
like to have a waiver from it.
A. Not that I'm aware of.
Q. Okay. So the last sentence in your testimony is
interesting. And I'd like you to explain that to me.
"DAPL recognizes the existence of South Dakota Codified
Law 49-4B-28 regarding local ordinances and their
application to the project and reserves the right to
request the Commission to invoke its provision during the
proceedings and this Application should the need present
itself."
What does that mean?
A. Exactly what it says.
Q. But please explain. Elaborate.
A. It means exactly what it says. I mean, you just --
Q. Could you just elaborate? What would be an instance
where you would do that?
A. I'm not aware of one now, but if something did come
up, we would do exactly what that said.
Q. And what does it say that you're doing? It says --
it says regarding local ordinances and their application
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to the project.
MR. KOENECKE: I object. Asked and answered.
MS. WIEST: Sustained.
MS. CRAVEN: No further questions.
MS. WIEST: Commission Staff, do you have any
questions?
MS. EDWARDS: Thank you.
CROSS-EXAMINATION
BY MS. EDWARDS:
Q. Mr. Edwards, you just testified to the pipe that's
being stored at various locations in South Dakota. Does
Dakota Access own that pipe at this time?
A. No.
Q. Who owns that pipe?
A. It's a purchasing company for Energy Transfer owns
that pipe.
Q. To the extent that you know, is there some sort of
agreement for -- with that company for maintaining the
Condition of that pipe?
A. I don't understand your question. I'm sorry.
Q. Is it in the contract -- is there something in the
contract with that company dealing with the integrity of
that pipe?
A. I'm not aware of the contract with them.
MS. EDWARDS: Okay. Thank you.
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MS. WIEST: Commissioners.
CHAIRMAN NELSON: There was some brief
discussion of the hydrostatic testing, and I'm just
curious, how long are the sections that are individually
hydrostatic tests?
I'm assuming you don't test it one end to the
other completely. How long are the sections?
THE WITNESS: The sections vary, depending on
the construction activity. And then we've got a
limitation with elevations. Lower elevations have higher
pressures, so we would overpressure the pipe.
So those sections are -- they're identified
what's the maximum section we can do at this point. But
we're working with the contractor to figure out what's
the most economic to do at this point.
CHAIRMAN NELSON: So in South Dakota, I mean,
give me a rough. Are we talking 5 mile, 10 mile, 100
mile? Give me some estimates.
THE WITNESS: I believe our limitation had
limited us to about five sections in South Dakota, total
sections. But I would anticipate we would use more than
that, more sections than that.
CHAIRMAN NELSON: And there was some questioning
earlier about what happened to the water after the test
had been concluded. What I heard from you is that it's
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possible that if the water was injected at the top end of
the pipe, that it may come back out the top end?
THE WITNESS: It possibly could, yes. We can
reuse the water for test after test. We can discharge it
at the location where we pumped it into the line.
Whatever the permits would require. Sometimes there's
some watershed limitations different places.
CHAIRMAN NELSON: Thank you.
Regarding your testimony, on page 9 there's a
chart that talks about the approximate miles across for
each of the rural water systems.
I'm sorry. I'm not understanding what we mean
by miles crossed. I mean, you cross a pipe. I don't get
where you calculate miles by crossing a pipe. Can you
help me out with that?
THE WITNESS: Yeah. Those are the miles that we
cross inside that water system's district area. That's
miles of Dakota Access Pipeline that are crossed with the
section within their -- like the WEB, WEB water system.
We've got 114.5 miles of our pipe, Dakota Access pipe on
their system.
CHAIRMAN NELSON: Thank you. So it in no way
tells me how many times you're crossing their pipe? It's
simply in their territory --
THE WITNESS: Correct.
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CHAIRMAN NELSON: Thank you.
I want to spend some time talking about drainage
tile. And in your revised testimony, page 3, under the
five typical configurations -- and this is what was very
helpful to me with the revised testimony and the newly
submitted Ag Mitigation Plan.
I'm looking at the drawing for agricultural full
topsoil segregation with drain tiles. And you described
this on page 3, lines 53 through 57 of your testimony.
As you are laying the pipe, as you're digging
the ditch, you're going to traverse where existing drain
tiles lie. Am I understanding this drawing correctly
that at the conclusion of the process, you will reconnect
where the drain tiles have been traversed and that there
will be no impact on the elevation of those drain tiles
when they are reconnected? Is that correct?
THE WITNESS: That is correct. The Agricultural
Mitigation Plan has -- in the back of it has some
drawings that show temporary and permanent repairs and
how they're made.
CHAIRMAN NELSON: And we'll get to that in a
minute.
THE WITNESS: Okay.
CHAIRMAN NELSON: My understanding further from
this drawing is that in all cases you will maintain a 2
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foot separation between the bottom of the drain tile and
the top of your pipeline; correct?
THE WITNESS: Correct. We've committed to that.
CHAIRMAN NELSON: So if today a drain tile is 6
feet down, you are committing then that the top of your
pipeline will be perhaps 9 feet down; is that correct?
THE WITNESS: That's close to it. Yes, sir.
CHAIRMAN NELSON: That in every case you will
lay your pipe deep enough to maintain the existing
elevation of the drain tile plus separation; is that
correct?
THE WITNESS: That is correct.
CHAIRMAN NELSON: And thank you for those
responses. That's what I was hoping to hear, and what I
needed to hear.
Let's go to the Ag Mitigation Plan. And I'm
looking at the attachment, the very last sheet of
Appendix A, typical drain tile header system.
Okay. Given what we've just talked about, the
fact that you're going to reconnect the lines,
everything's going to stay the same, what is this all
about?
THE WITNESS: This is a method to -- say a
farmer had a patterned field. They had tile every 20
feet, every 40 feet, that we would reimburse them to put
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in a header system along both sides of the 150 feet prior
to our construction, and they would tie their tiles
together. And this isn't feasible in all drain tile
systems, but if it was -- and we've had a few. I don't
think we've had any in South Dakota, but in Iowa we've
had a number of these -- the farmer could contact all
their tiles that work for them and then just put a couple
of crossovers in between.
So when we go through we have two pipes that
cross instead of hundreds based on a pattern type field
where they had them every 40 feet or 30 feet.
CHAIRMAN NELSON: And so this would be in place
of the methodology you and I just talked about; is that
correct?
THE WITNESS: Well, it could be together with.
They both could be concurrent.
CHAIRMAN NELSON: So would the farmer then have
the option of whether they wanted you to install this
header type system or whether they wanted you to, in
fact, reconnect every one of theirs pipes at the existing
elevation?
THE WITNESS: Absolutely.
CHAIRMAN NELSON: The landowner would make that
determination?
THE WITNESS: This is a landowner choice.
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CHAIRMAN NELSON: Last area I think I want to
discuss is the one that got tossed to you this morning
by, I think, Mr. Mahmoud dealing with the location of
homes and farmsteads.
Page 7 of your testimony you begin to address
this on lines 149 and 150, mentioning that the project at
its nearest point comes within approximately 200 feet of
a home.
The question I asked this morning, how many
homes are within 200 yards and how many farmsteads are
within 200 yards.
Have you had a chance to review that?
THE WITNESS: Yes, we have. And we have an
exhibit that shows that number.
MR. KOENECKE: Would you like me to introduce
the exhibit?
CHAIRMAN NELSON: That would be great.
MR. KOENECKE: Mr. Edwards, I've handed you
what's been marked as DAPL Exhibit 42. Have you got that
in front of you?
THE WITNESS: Yes, sir.
MR. KOENECKE: Can you tell the Commissioners
what that is?
THE WITNESS: It's a list of all the homes or
the residents within 600 feet of the pipeline.
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MR. KOENECKE: Did you prepare that yourself?
THE WITNESS: No, I did not.
MR. KOENECKE: Was it prepared by somebody under
your direction?
THE WITNESS: Yes, it was.
MR. KOENECKE: I would move DAPL 42 at this
time.
MS. WIEST: Is there any objection? If not,
it's been admitted.
MS. CRAVEN: I have a question. Was this on
their original list of exhibits?
MS. WIEST: No. I don't believe so.
MR. KOENECKE: No, it wasn't. It was requested
by the Commissioner this morning.
CHAIRMAN NELSON: From this, obviously looking
at the track number, I can pretty well figure out which
counties are affected.
What about farmsteads?
THE WITNESS: It was residents.
CHAIRMAN NELSON: Do we have any information on
how close we are -- how many farmsteads are within 200
yards?
THE WITNESS: We did residence where people
would live.
MR. KOENECKE: We'd have to know what farmstead
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is --
CHAIRMAN NELSON: And I anticipated that
question. It would be the building site, feedlots, that
type of thing.
MR. KOENECKE: One that's under use?
CHAIRMAN NELSON: Yeah. And so at this point
you don't have that?
THE WITNESS: Yeah. This is residence.
CHAIRMAN NELSON: I have comments, but I don't
have any further questions.
I am concluded, yes.
COMMISSIONER HANSON: Good afternoon,
Mr. Edwards.
THE WITNESS: Good afternoon.
COMMISSIONER HANSON: Were you involved in the
routing of the pipeline, planning and routing of it?
THE WITNESS: In a general sense, yes.
COMMISSIONER HANSON: I assume they asked your
advice since you're familiar with construction and what
challenges there might be and whether they could be
overcome in different areas?
THE WITNESS: Yes. The more difficult ones,
there is a construction manager that was day-to-day
working on the routing.
COMMISSIONER HANSON: In your description of the
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five typical right-of-way configurations -- well, in
various areas you have a sentence. For instance, it
starts on line 60 and continues through the first four,
typical ROW, excuse me, right-of-way configurations, and
the sentence says, "depth of topsoil segregation is
maximum 12 inches or minimum actual depth."
To me that says that the most that a landowner's
going to have would be -- be assured they're going to
have is 12 inches of topsoil, and possibly if they only
had a couple of inches from your construction manager's
analysis, that they would only have 2 inches of actual
topsoil, that that's all they're going to be assured
they're going to get back.
Am I reading that correctly?
THE WITNESS: Yeah. If they have 2 inches, then
we'd strip off 2 inches.
COMMISSIONER HANSON: And if they have 3 feet,
they're only going to end up with 12 inches.
THE WITNESS: I read it the minimal maximum
depth would be the minimum maximum depth of the topsoil.
COMMISSIONER HANSON: Well, it says maximum 12
inches of topsoil. So it's basically saying that they're
going get a maximum of 12 inches.
THE WITNESS: If there's 12 inches there, yes.
COMMISSIONER HANSON: So if there's obviously
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10, I understand they're going to get 10. But if they've
got 3 feet, they're assured they're going to have at
least 12 inches, not 3 feet?
THE WITNESS: Correct.
COMMISSIONER HANSON: Why wouldn't that read at
a minimum 12 inches, however, no less than actual depth,
or at a minimum actual depth, at a maximum actual depth?
Doesn't it take -- let me ask it in a question. Are you
aware of how long it takes to create topsoil?
THE WITNESS: No, I am not.
COMMISSIONER HANSON: It's a very long time.
And if someone comes along and takes away a couple of
feet of topsoil and leaves 12 inches of topsoil, don't
you think that would affect their crop?
THE WITNESS: Yes. We're going to have a soil
expert measuring topsoil depths for us. We've offered
that to the landowners, to measure depths of topsoil.
COMMISSIONER HANSON: Right. But even though
you measure it, it's only going to assure that they're
going to end up with 12 inches.
THE WITNESS: Well, they're telling me that the
most productive soil is the top 12 inches.
COMMISSIONER HANSON: That's definitely the most
productive, but there's definitely roots that go down
below 12 inches. I'm not going to testify to that. I'm
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not a farmer or rancher, but I'm well-aware of that.
I just want to express that I have a concern
with that, and I needed to ask that question just so I
understood the semantics of it.
Commissioner Nelson discussed line 150 and
properties within 200 feet of the centerline, and you
provided a -- or I assume that -- I'm not sure -- who did
prepare -- I missed who prepared the exhibit that we just
received on the residences that were within 500 feet of
the centerline.
THE WITNESS: The right of way group did in
Sioux Falls.
COMMISSIONER HANSON: All right.
THE WITNESS: The aerial photography.
COMMISSIONER HANSON: And to your best belief
that's accurate?
THE WITNESS: Yes, sir.
COMMISSIONER HANSON: Okay. It's of concern to
me, and shouldn't it be of concern to all of us since
it's South Dakota Law, requiring us to look at the future
affect of a pipeline? And what would you anticipate the
future will look like with growth in the most populated
area of the State of South Dakota, and how long that list
will be in the future for properties, homes, commercial
properties that will be within 500 feet of the pipeline?
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Do you have thoughts on that?
THE WITNESS: No, I don't.
COMMISSIONER HANSON: Have you looked at the
map, exhibit -- I think it's Exhibit A from the City of
Sioux Falls. Have you looked at that map?
THE WITNESS: Yeah.
COMMISSIONER HANSON: That shows the line going
south of Harrisburg.
THE WITNESS: Correct. Yes.
COMMISSIONER HANSON: So you can imagine what
Tea and Harrisburg might look like and Hartford and
Humboldt and Sioux Falls.
So would you think from your experience that
there would be a very, very long list of properties that
would be growing towards that line, surrounding it?
THE WITNESS: Yes.
COMMISSIONER HANSON: Are you aware if there is
a need for routing the pipeline so close to the highest
populated and the highest economic growth area of
South Dakota?
THE WITNESS: We did have meetings with those
cities, and they expressed, as Joey testified -- they
concurred that where we put the line was least impact to
their -- any growth plans they knew at the time.
COMMISSIONER HANSON: Did you participate in any
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of those meetings?
THE WITNESS: Yes, sir, I did.
COMMISSIONER HANSON: Can you tell me if you met
with policy making officials from those communities?
THE WITNESS: Yes.
COMMISSIONER HANSON: And can you provide me
with the names of those communities -- the mayors,
council members, the county commissioners, et cetera?
THE WITNESS: Yes. We can provide that.
COMMISSIONER HANSON: Would you do that for me,
please. It doesn't have to be done right now.
THE WITNESS: Yes.
COMMISSIONER HANSON: But I'd like subsequent to
this discussion.
THE WITNESS: We can provide you with names of
everyone who was at those meetings.
COMMISSIONER HANSON: So let me ask you a
question again.
Are you aware if there is a need for routing the
pipeline so close to the highest populated and the
highest economic growth area of South Dakota?
THE WITNESS: It was a method to get from point
A to point B within the shortest distance. We did move
the line further south from Sioux Falls. We realized our
error within trying to get the shortest length of pipe.
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We realized that after we met with a number of city
officials in Sioux Falls and the different other cities
around that we needed to move the line further south,
which we did.
COMMISSIONER HANSON: Is it still -- is your
routing still motivated by having the shortest route that
you can?
THE WITNESS: Yes. In the pipeline business
it's always motivated by the shortest route.
COMMISSIONER HANSON: So let me ask you the
question again, and I'd like a yes or a no.
Are you aware if there is a need for routing the
pipeline so close to the highest populated and the
highest economic growth area of South Dakota? Is there a
need? I'm going to assume your answer's no by the length
of time it's taking you to come up with it.
THE WITNESS: No. You're correct. Yes.
COMMISSIONER HANSON: Thank you.
You hydro test after the pipe is covered. I
assume that's because you cover as you go through the
process, and then you want to hydro test the large area,
and it would make sense to go back and cover everything
later on once the troops have moved out, so to speak.
So at that juncture, then if you find a location
that's leaking, I would think it would be a little more
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of a challenge to find if it's been covered. But so you
excavate at that point, and then put on a sleeve, or how
do you take care of it at that juncture?
THE WITNESS: We would cut out -- whatever the
defect was, we'd completely cut it out of the pipeline
and put in a new cylinder of pipe.
COMMISSIONER HANSON: Okay. Thank you very
much. Appreciate your testimony.
MS. WIEST: Any other questions, Commissioners?
COMMISSIONER SATTGAST: Yes. Mr. Edwards, I
just have kind of a follow up of Chairman Nelson's
question earlier on page 9 concerning the South Dakota
Rural Water systems crossed by the project. Just more
information for me on that point.
We're looking at, you know, 200, what, 72, 274
miles of line coming through South Dakota. And when you
had these up, it's the other 332 miles. Is that because
they're crossing into -- districts are crossing over or
could you explain that a little bit more to me on that?
I was understanding that the miles crossed. You
know, take a look at WEB. There's 114.5 miles. That's
how much Dakota Access pipe is going through their
district; is that correct?
THE WITNESS: That's correct.
COMMISSIONER SATTGAST: So then when we're
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looking at -- there's 332.4. When you add all of these
up, there's 332.4 miles across if there's 272.4 miles or
so? Is that --
Chairman Nelson has pointed out that he thinks
Lewis & Clark, the 70.1 miles is the anomaly, why we're
having the difference in numbers.
THE WITNESS: They overlap. Yes. Sorry.
COMMISSIONER SATTGAST: Thank you.
CHAIRMAN NELSON: Going back to the very helpful
exhibit that you filed regarding residence distance from
the centerline.
How many of the landowners of these residences
have not signed easements to this point?
THE WITNESS: I do not know.
CHAIRMAN NELSON: Who does know?
THE WITNESS: I can get that information. The
right of way group would know.
CHAIRMAN NELSON: I would like that information.
THE WITNESS: Okay.
CHAIRMAN NELSON: And obviously what I'm trying
to determine is is there some correlation between people
saying no and how close their house is to this thing.
That would be helpful.
Thank you.
THE WITNESS: Okay.
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MS. WIEST: Is there any further cross based on
Commissioner questions from any Intervenor?
Ms. Craven.
MR. RAPPOLD: I don't even know if my question's
appropriate for the witness. I'm kind of confused about
the Exhibit No. 42. That you see I thought the --
RECROSS-EXAMINATION
BY MR. RAPPOLD:
Q. Mr. Edwards, do you know if the -- Commissioner
Nelson was asking for residences within 200 feet or 200
yards of the centerline?
A. I testified to 200 feet. He asked for 200 yards.
Q. Okay. And then I guess my next question is, is it
necessary to redo this exhibit so it provides the
distance in yards rather than feet so we don't have to
convert them all?
Because 376 feet is not 200 yards; correct?
A. 200 yards is 600 feet.
Q. Right.
A. So he wanted to know every farmstead within 600
feet.
Q. Okay. So this is the most helpful exhibit that
you'll be able to put the information into form for this
purpose; is that correct?
A. We did it in feet, yes.
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Q. Okay. So if we want to know exactly how far it is
in yards, we'll just have to convert it on our own?
MR. KOENECKE: Isn't the measure in feet more
exact than measure in yards by its very definition? I
think it is.
MR. RAPPOLD: Well, the witness testified that
he was asked a question regarding yards, and the document
was produced that put the distance in feet, and I'm just
trying to make sure.
MR. KOENECKE: Commissioner, I hope this exhibit
was responsive to your request.
CHAIRMAN NELSON: If I could just jump in here
and say two things. Yeah. My question was 200 yards,
but this is very responsive, and you are correct, it is
more accurate than if it had been provided in yards.
It's fine. Very responsive.
But let me get to your initial question about
did I ask for 200 feet? Did I ask for 200 yards? I
asked for 200 yards. I had actually written that
question prior to getting to his revised testimony. How
did I come up with 200 yards? I thought, you know, what
would make me really uncomfortable, and 200 yards is what
I came up with, and, hence, the origin of my question.
MR. RAPPOLD: And that's partially why I
asked -- that I prefaced my question with I don't know if
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this is an appropriate question for this witness. So
thank you for clearing that up, sir.
I have no further questions.
MS. WIEST: Any other questions?
MS. CRAVEN: I have a question. And I
appreciate your clarification because that makes a big
difference. 200 yards creates uncomfortableness for you,
imagine if you are 197 feet from it.
RECROSS-EXAMINATION
BY MS. CRAVEN:
Q. And my question for the witness is so we went
through the exhibits. You talked about the right-of-way
configurations of 150 feet. So if the centerline is 197
feet from a home, the footprint of it is 150 -- I'm
trying to do the math here.
So actually 75 feet of that is going towards the
house; is that right?
A. It could be.
Q. The foot -- well, because that's what you just went
through, that the right-of-way configuration is going to
be 150 feet. So half of that is 75. And that's the
footprint of half of the -- the centerline going towards
a home.
So if you have a home that's 197 feet from the
centerline, actually 75 feet of that is the footprint of
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the pipeline right of way; is that correct?
A. It's the footprint of the construction -- it's the
construction footprint, yes.
Q. But those were pieces of land that you were going to
acquire permanently is my understanding from your
testimony.
A. No. The 50 feet is the permanent easement area.
The rest is a temporary workspace, temporary construction
space.
Q. So it's not going to be acquired permanently, but
that might be that that workspace is very close to
someone's house then; is that correct?
A. It could be 75 feet closer, yes.
Q. You would have a pipeline project 75 feet from your
front door. That seems -- that would make me very
uncomfortable.
A. I don't agree with your -- it wouldn't be 75 feet.
Q. Well, here almost to the bottom, SDLI-027-519-330.
That -- the distance for -- from the centerline for that
home is 197 feet. So 50 feet of that would be the
footprint of the pipeline. And then you're saying there
would be an additional 25 feet of temporary workspace.
So that means you're building that line right up against,
you know, 75 minus -- that's 125 feet away from their
home basically; is that correct?
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A. That would be correct, yes.
MS. CRAVEN: Okay. Thank you.
MS. WIEST: Any other questions?
Any redirect?
MS. BAKER: Ms. Wiest, Jennifer Baker for the
Yankton Sioux Tribe. I have just one question, if I
could.
MS. WIEST: Go ahead.
RECROSS-EXAMINATION
BY MS. BAKER:
Q. You mentioned reusing water, that it can be used
over and over again in the hydrostatic testing.
I'm just wondering why it requires millions of
gallons if you can reuse the water.
A. To fill a section that, say, is 11 miles is a lot of
gallons. I don't remember. I think it's close to 30
gallons per foot, and to fill a 30-inch pipe. I don't
have that number, so I hate to testify, but it's a lot of
water.
Q. Okay. Do you reuse all of the water?
A. We possibly could, yes.
Q. Do you intend to?
A. I don't know at this time. We're still working out
those details.
MS. BAKER: Okay. Thank you. Nothing further.
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MS. WIEST: Any redirect?
MS. EDWARDS: Ms. Wiest, could Staff have a
brief moment to recross based on Commissioner questions?
MS. WIEST: Yes.
MS. EDWARDS: Thank you. Just one question.
RECROSS-EXAMINATION
BY MS. EDWARDS:
Q. Are you aware whether PHMSA has a setback
requirement with regard to buildings, structures, and
residences?
A. There is a section in 195 that mentions some kind of
a distance, but it's as applicable in there. And I can't
quote the section. Chuck probably can. It would be a
question for him.
MS. EDWARDS: Thank you. Nothing further.
MS. WIEST: Any redirect?
MR. KOENECKE: Yes. Thank you.
REDIRECT EXAMINATION
BY MR. KOENECKE:
Q. Jack, where do the spreads start and stop?
A. The spreads -- spread 4 would start in Iowa about --
let's see. I've got that written down here. About 60
miles into Iowa. I believe it's in Cherokee County. And
there would be about 68 miles in South Dakota.
And spread 5 would be about 124 miles, 125 miles in
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South Dakota. And spread 6 has about 46 miles in North
Dakota, and about 82 miles in South Dakota.
Q. So not all 3,000 workers will be here at the same
time; correct?
A. That is correct, yes.
Q. How long have you worked on pipeline projects?
A. A long -- about -- about 35 years' experience.
Q. During your years of experience, have you seen or
observed how spreads or the people involved in the spread
locate themselves as far as where they find
accommodations, where they stay for the night and take
their meals and those sorts of things?
A. Yes.
Q. Is it typical that spreads and contractors work
these things out themselves to their own satisfaction?
A. Yes.
Q. In fact -- sorry.
A. Yeah. There's many opportunities for people to
stay -- I've seen, you know, RV parks expand. I've seen
people put RV spots in their driveway for people to stay
in. And it's a business opportunity for them. Hotels.
They might stay in hunting lodges.
Q. Thank you.
A. Bed and breakfast.
Q. What activities are conducted in a contractor yard?
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A. It's a meeting place for everyone every morning.
The inspection staff meets there. The contractors meet
there in the morning, go through plans, what's going to
happen for that day. The contractor stores their
materials there. The pipeline materials get stored
there.
Q. I believe it was your testimony that you're going to
obtain all necessary permits to obtain and discharge the
hydro testing water; is that correct?
A. That's correct.
Q. You were also asked how much water is used in the
process. Millions of gallons; is that correct?
A. That's correct.
Q. Do you know how many gallons of water a mile or some
section of the pipe would hold offhand?
A. I don't. I don't have that information here.
Q. Okay. Thanks.
A. It's on a spreadsheet I have.
Q. Do you know whether when you returned the hydro
water to its, you know, resting place, you put it through
straw bales; correct?
A. Correct.
Q. Is part of that process to reoxygenate that water?
Do you know?
A. Yes. There's some baffles within the pipe,
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reoxygenate it, and to strain any dirt, sediment that
might be in it.
Q. How come spreads are 125 or 130 miles long? Why is
that the number?
A. It's what our contractor identified as a optimum
number with the number of people to get the project done
within schedule. And that was the mileage they picked.
We originally had different size spreads. That's
why I said different size workforces in different
testimony. But now we know where the spread breaks are,
and we've identified them, and we know how many people
are coming.
Q. I want to make sure we're clear on temporary
workspace. Do you recall the discussion about temporary
workspace?
A. Correct.
Q. If I understand correctly, there's no permanent
easement in the area that's known as temporary workspace.
A. No. There's no permanent easement in temporary
workspace.
Q. That's simply landowner property that you used
during construction, and then that goes back to the
landowner for uses that are not covered under the
easement?
A. Correct.
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Q. Okay. I also want to make sure I understand the
depth of segregation. I understand -- is it correct that
the project will segregate topsoil as the landowner
requests?
A. Yes. We will work with any request from any of the
landowners about topsoil segregation.
Q. If the landowner wants more than 12 inches of
topsoil segregated, you'll do that?
A. Yes, sir.
Q. At no cost to the landowner?
A. No. There's no cost for the construction to the
landowner ever.
Q. If the landowner had 3 feet of topsoil, how would
you handle that?
A. First I would want our soil expert to talk to them
to see -- make sure that everybody's understanding they
have 3 feet of topsoil. And if it come out that it was
reasonable he had 3 feet of topsoil, we probably would
need additional workspace above the 150 feet to store
that topsoil.
Q. Would you make two different topsoil piles, maybe
the first 12 inches and then the next 2 feet?
A. Yeah. We may have to what I call triple ditch it,
yes.
Q. Can you explain triple ditching?
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A. That's where you take a segregated -- you take it in
lifts, the top, the middle, and the bottom. Typically
where you have rock or something like that in a ditch
line you would do that. You would have a rock pile.
You'd have a middle pile, and then you'd have a topsoil
pile.
Q. But it might take additional right of way to
accomplish that?
A. Yes, sir. It might. If it's level, if there's side
cuts in there, if it's on a slope. A lot of different
situations.
Q. If there's 3 feet of topsoil, would you bury the
pipe deeper?
A. No. Not necessarily.
Q. So you'd have to use the topsoil to fill the ditch
back in fact; right?
A. Well, yes. It would still be a foot difference,
but --
Q. But the material used to fill the ditch comes from
what was taken out of it?
A. Yes.
Q. And you're talking about segregating that topsoil in
different piles and then putting it back in the order it
came out. Is that what I understand?
A. Yes.
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Q. Do you have involvement in the commercial aspects of
the project?
A. No.
Q. If I understand correctly, the shortest distance of
pipeline built would have least -- it has the least
number of miles and, therefore, the least effects on
people; is that correct?
A. That's correct. It's one of the -- when we're
routing pipes, that's one of our considerations. The
shorter the line, the less environmental impacts. The
less impacts to people. Less landowners we have to
cross.
Q. And you're not a routing expert?
A. Well --
Q. But you've been around enough pipelines?
A. I've been around a lot of pipelines, a lot of
routing.
Q. Isn't routing a balancing of a number of different
interests?
A. Yes, it is. Absolutely.
Q. What are the interests that you balance out in
routing, if you know?
A. Well, there's stream crossings, wetland crossings,
residential areas, highway crossings. Try to minimize
those things, minimize the length of the line.
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Q. Were you in any of the meetings of the reroute
around Sioux Falls?
A. Yes. I was in all of the meetings.
Q. Were there objections voiced to you that weren't
resolved by any of the representatives of the government
agencies?
A. No. Everyone concurred that the route -- we offered
a number of different routes, and they concurred a route
that we chose was the best one for everyone there.
Q. Did you refuse to meet with anybody regarding the
route?
A. No, sir. Did not.
Q. And so the original shorter route was modified to
have fewer impacts?
MS. CRAVEN: Objection. Leading question.
MS. WIEST: I think your questions are becoming
leading, Mr. Koenecke, if you can -- so objection
sustained.
Q. Mr. Edwards, are pipelines compatible uses in an
urban setting?
A. In my opinion they are. As most of the other staff
from -- on this project were from the Houston area, my
experience is there's pipelines all over. I have
numerous pipelines near my home, so it's -- they're --
they -- people live around them. There in Sioux Falls
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where our office is. There's two pipelines that go right
now -- basically through the parking lot of our office
building and go right through the parking lot of Empire
Mall there right through Sioux Falls. Everybody's lived
around those, and there's apartments and condos and day
cares and everything else around these pipelines.
Everybody works around them.
MR. KOENECKE: I have nothing further. Thank
you.
MS. WIEST: Are there any additional questions
based upon redirect? I'll look out to these Intervenors
first.
COMMISSIONER HANSON: I do.
MS. WIEST: Go ahead.
COMMISSIONER HANSON: Mr. Edwards, on redirect
Mr. Koenecke was asking you questions, and you testified
that -- as I understood it, that the depth of topsoil
would be determined by the landowner, that your testimony
is that whatever the landowner requests is what you will
provide for topsoil.
THE WITNESS: Yes, sir. We try to abide by the
landowner request when we're doing our easements, what
they have, questionnaires. There's questionnaires asked
of them, you know, about their land use.
COMMISSIONER HANSON: So you specifically say
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and testify today -- I've heard you twice now -- excuse
me for repeating it. I want to make sure it's clear --
that whatever the landowner requests for the amount of
topsoil, you will provide.
THE WITNESS: Yes, sir.
COMMISSIONER HANSON: Okay. You were also asked
questions about considerations for routing a pipeline and
you said that it includes the effect on the fewest
landowners.
Do you believe that the present routing affects
the fewest landowners?
THE WITNESS: Well, the original route affected
the fewest landowners around Sioux Falls. When we added
distance, we add landowners. Every time we add distance
to the pipeline, we add landowners. So the first route
had the fewest amount. This route has more -- more
landowners on it.
I don't know if that was your question.
COMMISSIONER HANSON: That's interesting
semantics that we're juggling with. That's all right.
Do you believe that a different route could
affect fewer people, fewer citizens?
THE WITNESS: If there was one large landowner,
yes.
COMMISSIONER HANSON: I'm not talking about
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parcels of land. I'm talking about people now.
So would a different route affect fewer people?
THE WITNESS: I don't know.
COMMISSIONER HANSON: One of our considerations
has to be 49-41B-1, which refers to future. And we have
to look into the future and anticipate the future.
That's why I asked a question earlier and gave an example
of how fast those communities are growing. And that's
why I asked the last question.
Thank you for your testimony.
MS. WIEST: Any other questions based on
Commissioner Hanson's questions?
Any redirect, Mr. Koenecke?
MR. KOENECKE: No. Thank you.
MS. WIEST: At this point I think we will take a
break. 15 minutes.
(A short recess is taken)
MS. WIEST: Mr. Koenecke, you can start.
MR. KOENECKE: Thank you, Ms. Wiest. There have
been two Commissioner questions that we've got people
working on. And I just want to make sure that we're
working on what the Commissioners want to know so that
we're ready when the time comes with what you need to
find out.
The first thing is I'm getting questions about
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farmstead, Commissioner Nelson. I think it would be
helpful for us to get a picture of what -- are we talking
in terms of tracts of land being owned by one person? I
think you're talking about like a building site. Is it
to the closest building within the site or -- help us
out.
CHAIRMAN NELSON: Closest building. Yes, I am
talking about building sites, and I think closest
building would probably be the -- probably the easiest
for you and would answer the question that I've got.
Yes.
MR. KOENECKE: So let's expand on that a little
bit more just so I've got something to tell -- we've got
people working on this now.
Let's say there's -- my father-in-law had a
quarter section that was not contiguous to where he
lived. He had a small granary on it that was not used,
and he would always tell me, I'm going to burn that down
some day, but he never did. He never used it. Is that
within your farmstead definition?
CHAIRMAN NELSON: I think it has to be because I
don't know how you, given your aerial data, could figure
out what's used and what's not. So it would have to be.
Yes.
MR. KOENECKE: I agree with that. Let me look
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back for some confirmation.
Okay. We're good with that.
Our second question that we're working on is
names of public officials in meetings. So Commissioner
Hanson wanted us to talk about who we met with.
We are understanding that request to be -- let
me back up. We've had dozen scores -- it's probably not
an exaggeration to say hundreds of meetings with public
officials in South Dakota up and down the line.
Do we want them from all counties and all
meetings, those records? Is somebody able to talk to
them? Do you want them from specific counties?
What level of detail would be helpful as far as
who we met with and when and the policymakers. I would
like to hear just a little bit about Commissioner
Hanson's thoughts on that so that we can be responsive.
COMMISSIONER HANSON: Thank you, Mr. Koenecke.
My practice and my experience is that in these
types of meetings, someone knows ahead of time and writes
down the names of the people that are going to be there,
and certainly if it is a city council that's going to be
meeting with people, they have open meeting laws and so
they have it the names of the participants.
So I would anticipate that in areas, most areas
that people have already done that, and all they have to
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do is make a request and they'll give you a list of the
names of people.
Where that's not available, if you don't know,
then certainly you don't have to go to any great lengths
trying to figure that out. But I am curious to know in
areas where I would anticipate that the route is close to
wetlands areas or close to communities, whether it's
Cresbard or Redfield or Harrisburg, Hartford, Humboldt,
Tea, Sioux Falls, that you would have the names of the
people that were participants in it.
County, if you met with county folks, that would
be very helpful to me.
But the reason I asked is because one of your
folks testified that they met with engineers from the
City of Sioux Falls. And it didn't sound like there
were -- when I asked questions about policymakers, they
did not recall meeting with policymakers.
Another one testified that they did meet with
policymakers. So I just wanted to eliminate that
conflict in my mind.
Thank you.
MR. KOENECKE: Thank you.
I just want to make sure that the Commissioners
and everybody know that we are working on this. Given
the way testimony is developing here, it might not come
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back for some time, but I don't want anybody to think
we've forgotten about it or blown it off. It's coming
back up, and I appreciate the dialogue as to what you
want from us.
Thank you.
MS. WIEST: Okay. You may call your next
witness.
MS. SEMMLER: The Applicant calls Monica
Howard.
(The oath is administered by the court reporter.)
DIRECT EXAMINATION
BY MS. SEMMLER:
Q. Hi, Monica. State your full name for the record,
please.
A. Monica Howard.
Q. And where do you work? What's your business
address?
A. I work for Energy Transfer. Address is 1300 Main
Street, Houston, Texas 77002.
Q. What's your position there?
A. I'm the director of environmental sciences within
our engineering and construction division.
Q. Could you tell us a little bit about your education
and background in that field?
A. I have a bachelor's degree in land reclamation with
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a biological emphasis as well as emphasis in horticulture
and earth sciences. And I have 15 years of industry and
consulting experience largely dedicated to the energy
industry.
Q. Do you see an exhibit in front of you marked 33,
DAPL 33?
A. Yes, I do.
Q. What is the title of that document?
A. Monica Howard Direct Testimony.
Q. Do you recognize that document?
A. Yes.
Q. Did you draft that document?
A. Yes.
Q. Did you review that document prior to today's
proceeding?
A. I did.
Q. Do you have any additions to make to that testimony?
A. I do. Based on some of the line of questions that
have occurred so far, I wanted to add information about
the alternative section, which is one of the sections
that I contributed to significantly in the Application,
and a process that I heavily participated in for this
project.
Again, Section 12 of the Application attempts to lay
out the process we go through in a routing of a pipeline
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and how to evaluate alternatives and what's the best
route. It's a simple fundamental starting point as far
as a straight line from A to B, where your product is and
where you need to get it.
From there we use a very complex, geographic
information tool that accounts for major constraints in
routing a pipeline. It includes -- well, things that you
want to avoid in routing a pipeline and things that you
would prefer your route be with, such as collocating with
other pipelines, other infrastructure, things to avoid,
critical habitats. There's a long list.
And all the information is weighted, such as things
to avoid, things to exclude, things to get closer to.
And that's kind of what we call the baseline of our
route. That baseline came out for the whole project wide
about 1,028 miles.
From there is where you get into the nuts and bolts
of routing. So where you're discussing with agencies the
concerns they might have, getting information feedback
from other government entities, including future
developments, developments of individual landowners,
other things that you can do to minimize your impact on
the environment and the community where your pipeline is
going to be.
As a result of all of that routing, we've added 140
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miles to the overall project. The current alignment
route comes in at 1,168. So it's 140 miles that we've
added due to information gathered over time in developing
the project.
And that's not a small feat for the company to get
to that point. And it's definitely not a cost saving
measure. It's something that cost us -- it cost me 3
and a half million dollars a mile is what it's going to
cost to build this route. So that's approximately
$490 million that we've added to accommodate things that
we've learned through the routing process.
Q. That information gathering process that you just
spoke about, did that happen in the Sioux Falls area?
A. Absolutely. There were a few what we would call
major reroutes in South Dakota. Definitely one around
the Sioux Falls, Lincoln, Turner, and Minnehaha County
area.
Q. You said one of the major reroutes. Were there
others?
A. Well, so it incorporated avoidance of a wellhead
protection area. There was a public lands avoidance area
up closer to the James River. There were a handful --
around the area of Redford and siting of the pump
station, which is one of the only visual impacts that the
pipeline has long-term, we accommodated and worked with
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those communities in siting that.
Q. So to be sure that I understand. It's those major
reroutes that account for that 140 miles that you
testified to?
A. Yes. Those are --
MS. CRAVEN: We object. This is not at all in
any of the prefiled testimony. This is outside the
scope, and this has gone on quite a while.
MS. SEMMLER: If I may respond.
MS. WIEST: Go ahead.
MS. SEMMLER: This is additional testimony. I
recognize that it was not in the prefiled testimony.
However, I believe the Commission does provide parties
the latitude to offer additional testimony which comes up
in the course of this proceeding, and there was a variety
of questions directly on point to this that we believe
this witness can answer, and we'd like the opportunity
for her to do so.
Thank you.
MS. CRAVEN: That would be for rebuttal
testimony, not for the direct.
MS. WIEST: I'll allow it. Objection overruled.
Q. So to get us back on point then, those major
reroutes you're talking about, they contributed, right,
to that 140 miles?
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A. Yes.
Q. So in Sioux Falls, specifically what can you tell us
about that process of rerouting?
A. I was not present, but I'm aware of a number of
local meetings that happened with the county --
MR. RAPPOLD: Objection. Hearsay.
A. -- as a result of --
MS. WIEST: No.
MS. SEMMLER: She is testifying to her awareness
of what occurred. She's not testifying as to what anyone
said at that meeting. It's not hearsay.
MR. RAPPOLD: She's testifying about a meeting
that she wasn't at. That's hearsay.
MS. SEMMLER: I didn't ask what was said, just
asked about her awareness whether those meetings
occurred. And in her capacity and in her role at the
company, she would be aware of the occurrence of those
meetings.
MS. WIEST: Okay. Objection overruled.
A. I was aware of a number of local and county meetings
that occurred up in that area. As a result of those
discussions, I was presented with a number of different
lines to run additional alternative analysis on regarding
preferences made by the communities or the engineers and
how to accommodate that in our routing analysis.
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So I performed additional alternatives analysis
throughout those counties.
Q. And so that testimony you just offered, does that
sufficiently describe what your role was after those
meetings occurred?
A. Yes. And, in fact, the route selected, which is not
often, was actually the longest of the alternatives that
was presented for analysis.
Q. Based on your experience and your knowledge in the
field, are pipelines compatible with urban development?
A. Absolutely. I've worked on --
MS. CRAVEN: Objection. She's not an expert in
land use or land zoning or community assessments or
anything that you just asked about.
MS. SEMMLER: If I may respond. Based on her 15
years in the industry, that's the basis for which I am
asking this question.
MS. WIEST: Okay. Objection overruled.
A. Yes. I've not only been a part of constructing
pipelines in urban or developed areas, but also going in
and repairing or maintaining them as well. It's a normal
practice. There's pipelines throughout all of the major
cities in the United States. And once a pipeline's
installed, it actually becomes part of the development
area. Oftentimes pipelines provide a green space in
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these urban areas.
I've been part of establishing bike trails, hiking
trails, soccer parks, things like that over the area
where no buildings can be put, but it can certainly be
incorporated into the landscape successfully.
Q. So you, again, in your 15 years' of experience, have
you observed urban communities embrace, for lack of a
word, embrace these areas where buildings cannot be
directly constructed?
A. Absolutely.
Q. Do you have any corrections that need to be made to
your testimony?
A. Based on the fact that the testimony was a few
months old, I do have updates to the Permit table that
was included in it.
Q. Why don't you open up your testimony there. What
page does that table begin at?
A. Line 16 on page 1. After line 16.
Q. And please tell the Commission what portions of that
table need updating.
A. The very first agency Permit identified, the Army
Corps of Engineers. We had an additional preconstruction
notification that was submitted in April, and the status
of those reviews are still ongoing.
And then on the second line regarding the Fish &
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Wildlife Service. Through our consultation and
discussions regarding the PCN locations, there is a
programmatic biological opinion that we plan to use which
is referenced here. However, the effects determination
is actually the ability to take rather than a no effect
by use of that BO.
Q. Any further updates to the table?
A. Regarding the South Dakota Historical Society, we
had submitted the Class III Report. We did receive edits
on those through testimony in this proceeding, in
addition to edits on an unanticipated discovery plan.
Those comments and edits have been addressed, and
Addendum 1 has also been provided to the State which
accounted for mileage that was not available at the time
of the original Class III Report. And we've received
agency concurrence with our findings on both of those
reports.
And a third report, which is Addendum No. 2, was
submitted for the last chunk of mileage we received
access to, and that was submitted on September 21, and
it's under review by the agency.
And then my understanding with regards to the roads,
the planning meetings have taken place, informal verbal
concurrence with our crossing plans have been verbalized,
but they're waiting on other Permit decisions before
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granting those.
Q. And just so the record is clear on that, what agency
were you referencing just there where you spoke about
waiting for the Permit? Which agency on this table were
you referencing?
A. Those would be the county road crossing permits.
The last line on page 2.
Q. Any other updates that need to be made to your
testimony?
A. The percent of survey complete. And I apologize.
That will take me a minute to find what page that's on.
I believe it was around 96 percent at this time, and
currently it's at 98.6 percent.
Q. I'm going to direct you to page 26.
A. Thank you.
Q. Line 497. Is that what you're referencing?
A. Can you say that one more time, please.
Q. Line 497.
A. There's only one word on that in my testimony -- or
in my copy.
I believe it's 490. I'm sorry.
Q. There we go. Thank you.
A. Excuse me. Yes, where it said 97.7, we're currently
at 98.6.
Q. How about the wetland and water body HDD location
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chart located in your testimony?
A. Two additional drills have been added in the state
for constructibility purposes. However, those two
crossings also happen to be potential presence for the
Topeka shiner. So there were two drills that were added.
Q. Do you know what county those are in?
A. Do you have the page of what that -- page that's on?
Q. 389 on page 20. Any additions, updates to that
table?
A. Yeah. It's the West Fork Vermillion River, or East
Fork. I'm sorry. I wrote them down. I don't have them
up here with me.
Q. Is it correct Pearl Creek?
A. Yes.
Q. How about is there now a --
MS. CRAVEN: Objection. She's answering her own
questions. Leading.
MS. WIEST: Sustained.
Q. Do you remember how many additional HDD drills there
are?
A. There are two more, both of which contained habitat
for the shiner.
Q. With those additions and corrections made, if I were
to ask you the questions contained in this testimony,
would you answer them the same as they're written?
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A. Yes.
MS. SEMMLER: I'd move to admit Exhibit 33.
MS. WIEST: Is there any objection?
If not, it's admitted.
MS. SEMMLER: The witness is available for
cross.
MS. WIEST: Ms. Baker, do you have any
questions?
MS. BAKER: I do. Thank you.
CROSS-EXAMINATION
BY MS. BAKER:
Q. Jennifer Baker for the Yankton Sioux Tribe.
Would you describe the positions you've held over
the past 15 years.
A. Sure. I'm currently director of environmental
services for engineering construction overseeing from
feasibility through construction and service of the
environmental components of pipeline projects, including
biological and environmental and cultural resources.
Prior to that I was a senior project manager within
that same group. Prior to that a project manager for a
number of years. And originally I started off in the
field performing the surveys and drafting the reports.
Q. What does your job as director of environmental
sciences for Energy Transfer entail?
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A. We have an environmental sciences group that
supports all of our capital energy infrastructure
projects.
Q. But what does your job actually entail?
A. Overseeing my projects as well as the projects my
group is running -- or participating in.
Q. Are there any statutory or regulatory requirements
that you're in charge of ensuring that your employer
meets?
A. Yes. Anything environmental.
Q. Are you also in charge of ensuring compliance with
those laws and regulations for Dakota Access?
A. Yes.
Q. Are you an attorney?
A. No.
Q. What did Dakota Access consider as the project
vicinity?
A. I think it varies based on different media that's
being discussed. If you had a more tight reference, I
could answer that.
Q. For the purposes of the Application or, in fact, of
your own testimony.
A. Can you point to my testimony where I use it in
context?
Q. Yes. Just one second.
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Okay. Line 22.
A. For comparing other major projects in the vicinity
that would have incorporated -- well, as the project
goes, anything within the counties crossed or adjacent
counties for where the project was sited.
Q. Okay. So it has to be within the county or an
adjacent county?
A. Yeah. For this because there was so little we went
ahead and we searched statewide as well as everything
East River.
Q. Everything East River?
A. Uh-huh.
Q. Okay. And could you clarify what that means?
A. I'm sorry. East of the Missouri River.
Q. Why did Dakota Access restrict its view to the
project vicinity?
A. I don't know how you would get anywhere if you
didn't restrict it.
Q. So you could go beyond the vicinity as you defined
it, just an adjacent county?
A. I included adjacent counties in my description.
Q. Okay. Is there a reason you didn't go beyond that?
A. You need to cut it off somewhere to have a valuable
data set.
Q. Okay. So it's based on county lines as opposed to,
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say, distance or water or anything like that?
A. No. I didn't say that.
Q. Okay.
A. It included everything East River. We looked at all
developments. This is in regards to other major
projects. We looked at the entire state for major
projects.
Q. Okay. Who defined the PUC land use categories for
the project?
A. I believe the PUC did.
Q. Was tribal treaty land considered a category?
A. It was not encountered, so, no.
Q. What about Indian Country?
A. I'm unfamiliar with the term you're using.
Q. You're unfamiliar with the term Indian Country?
A. Indian Country? Yes. If you could define that, I
would be able to clarify that for you.
Q. Well, it's -- that's all right.
Are there other categories of land that Dakota
Access has used in the past that it has not used here?
A. Not Dakota Access, no.
Q. Your answer to the question, "Did the project
analyze the effects of the pipeline on land uses, and if
so, what are the impacts" did not answer the part of the
question what are the impacts.
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Could you answer that question?
A. Sure. Could you please point me to the testimony?
Q. Line 58.
A. The impacts on those land uses are -- I apologize.
I don't see it in my testimony. They are discussed in
depth in the Application. It discusses the temporary
impacts and the commitment and efforts to restore all
land uses back to their prior use, with the exception of
the limited acreage of aboveground facilities.
Q. So what are those impacts?
A. The temporary impacts from construction including
vegetation removal, disturbance to soils, when -- I need
to go back to the list of them.
So lack of crop production in the year of
construction, having to fence out rangeland or keep
rangeland out of use during the time of construction.
Q. So is it only conceived that there would be lack of
agricultural production on the land during the time of
construction; otherwise, it's expected to be --
A. Active production, yes.
Q. Oh, active production?
A. Active production and cultivation during our
construction season they would not be able to plant
within the right of way. We would be constructing.
Q. Okay. And is crop growth expected to resume as
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normal after that?
A. On a sliding scale, yes.
Q. What does that mean, on a sliding scale?
A. I believe there's been already testimony identifying
we pay damages three years out at a sliding scale. So
the first loss, 100 year of crop loss because we're
constructing and nothing can be planted. And then as the
right of way gets restored, the yields come back up until
they're at similar production or same production as
adjacent, nondisturbed areas by the pipeline.
Q. Okay. And is that about three years?
A. That's what's been paid in advance. That's a known.
Q. Okay. I'm actually not asking about payments. I'm
asking about how the land -- the quality of the land and
whether agriculture is actually able to exist there in
the way that it did prior to the pipeline.
A. Absolutely. Agriculture returns to previous
conditions, crop yields, topography, everything.
Q. Okay. Within what time frame?
A. It varies greatly.
Q. What's the longest that you've ever heard of?
A. That I've ever heard of?
Q. Uh-huh.
A. When done properly or ever?
Q. When done properly.
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MS. SEMMLER: I'm going to object. This calls
for speculation.
MS. WIEST: Overruled.
A. On a proper restoration, the longest I think I've
seen it based on conditions present at the time and lack
of topsoil depths and other things, three to five years.
Q. Okay. You mentioned karst in your testimony?
A. Yes.
Q. Can you tell us what that is?
A. It's geological formation under the ground where
water interacts with the formation and cause voids.
Q. I'm sorry. And did you say creates voids?
A. Can cause voids.
Q. Okay. Why is it a concern for personnel to be
specially trained to identify karst?
A. It can impact how you would install and -- the
pipeline.
Q. What are the concerns specifically about that?
A. Avoid presenting something that's -- that wouldn't
support the structure of the pipeline. I'm not a
geologist. We have retained specialists that go over
what those mitigation measures would be and how things
would need to be adjusted based on that. My job as the
scientist is to help identify those locations.
Q. So karst is problematic for laying the pipe?
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A. It can be.
Q. Okay. Is it common in South Dakota?
A. Yes.
Q. Are there any other ways besides desktop studies to
identify whether karst exists along the route?
A. Sure.
Q. What are those ways?
A. Other geotechnical investigations.
Q. Okay.
A. Including drilling, boring. A lot of it's done by
desktop based on where previous drills and wells and
things have been, but, sure, there are other ways where
you could identify them.
Q. Is there a reason that Dakota Access didn't
undertake those processes?
A. I can't answer that.
Q. Why can't you answer that?
A. I don't know the answer to that is what I mean.
Q. Okay. Do you know who does?
A. I would refer that back to our engineering design
manager, Chuck Frey.
Q. Which specialized construction techniques might
Dakota Access utilize if karst is identified during
excavation?
A. Again, that's outside my area of expertise. We do
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have retained specialists for addressing that.
Q. Okay. Can you take a look at line 180 of your
testimony, please.
A. Yes.
Q. Is that answer complete?
A. No. It was more of an introduction to what's coming
after it. So --
Q. Okay. Okay. I see. So all of the subsequent
questions are --
A. Discuss hydrology.
Q. And so the impacts are fully discussed through those
questions?
A. I'd have to read it again. That was the intent, to
pull out the highlights from the Application where it is
discussed.
Q. In your testimony you state that the pipeline will
not interrupt drainage patterns within the project area.
Is drainage pattern a geological term?
A. More of a topographical term.
Q. Okay. Can you explain what it means?
A. How the water flows on the surface of the land.
Q. Okay. And what might affect a drainage pattern?
A. Excessive fill or change in topography, be it an
addition in topography or a reduction such that sheet
flow of water would alter its current direction.
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Q. So it sounds like there are a lot of factors that go
into determining a drainage pattern; is that correct?
A. I don't know what you mean by a lot.
Q. Okay. What are the factors that go into determining
a drainage pattern?
A. Topography and surface water flow, and that's by and
large it.
Q. I'm sorry.
A. That's by and large it. The lay of the land and how
much water there is.
Q. Okay. Are they dependent at all on upstream
activity?
A. Sure. If there was a change in topography upstream,
it would affect -- could affect downstream drainage.
Q. So how is it that the proposed project will not
interrupt drainage patterns if a pipeline is a
below-ground facility?
A. The fact that it doesn't change the topography of
the land, it will not have a direct effect on changing
any drainage patterns.
Q. Excavation process won't have any impact?
A. I believe that's in returns to long-term. So
short-term, yes. That's why we use erosion control
devices and things of that nature, so during the actual
active construction, absolutely trenching in the ground
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could alter, as well as storing topsoil and spoil piles.
The temporary disturbance would alter, four to six months
of construction.
Q. Okay. Are you familiar with how much is going to be
used for hydrostatic testing?
A. I have a table that's been provided to me. I have
not memorized it.
Q. Do you have, like, a ballpark figure?
A. No. We break it up a number of different ways. I
don't know that I could split it up by the State of South
Dakota.
Q. Okay. Is anything added to the water when
conducting hydrostatic testing?
A. No.
Q. Not -- colorants not added?
A. Nothing's added.
Q. Okay. Can you tell me how cultural sites were
identified?
A. We hired professional archeologists and principal
investigators, certified or qualified to work in the
State of South Dakota. They did literature reviews,
pedestrian surveys, in addition to soil plots and
testing.
Q. What is a pedestrian survey?
A. It has to do with traversing the area and looking
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for artifacts on the surface.
Q. Were any Native American Tribes invited to
participate in these surveys?
A. No.
Q. Why not?
A. As a matter of practice and regulation, that's --
it's not a requirement. We don't typically do that.
Q. It's fairly commonplace to have tribal members with
unique knowledge to an area go along on these studies or
participate in studies of their own at the invitation of
a company.
A. Is that a question?
Q. I was getting there. Is there any reason that was
not done?
A. In my 15 years I recall one project where that
occurred, and the Tribe approached us as the company to
do it and requested to be present, and it was granted.
In another state there were tribal members present
during survey. At their request.
Q. So are you suggesting that had the Tribes requested
this, they would have been allowed to?
A. Very possibly, yes.
Q. Okay. How could they have known this was an option?
Was there any outreach done to the Tribes?
A. There was general public outreach, absolutely. We
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held open houses in every county along the project.
Q. Did you actually go on to the reservation?
A. No. We're nowhere near a reservation.
Q. Are you familiar with the history, generally
speaking, of the area that the pipeline will cross in
post and precolonial times?
A. I've read about it.
Q. Are you familiar that it was Ihanktonwan territory?
A. Excuse me?
Q. Yankton Sioux Tribe Ihanktonwan territory?
MS. SEMMLER: I'm going to object. This witness
is not testifying today as a historian. She explained to
the Commission what her expertise is, and this is outside
her area of expertise.
MS. BAKER: I'm asking to lay foundation for my
questions regarding why the Tribe was not reached out to,
because the Tribe has a clear interest here.
MS. WIEST: Objection overruled.
A. I'm sorry. Can you repeat the question, please.
Q. Are you familiar that the land that the pipeline
will be crossing was aboriginal territory of the
Ihanktonwan or the Yankton --
MS. SEMMLER: I'm going to object again. I
believe counsel is now testifying.
MS. BAKER: I'm asking if she's aware of this
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fact because it goes to whether or not she has reason to
think that there should be contact made with the Tribe.
MS. WIEST: Yes. I believe she did preface it
are you aware of this fact. Objection overruled.
A. Yes. I've seen general maps of historical reaches
of the Tribes.
Q. Okay. Why was there no outreach conducted then to
the Yankton Sioux Tribe?
A. Again, for the lack of the requirement and for the
fact that they were fulfilling the requirements that were
out there. We have satisfied the laws and regulations
that we were bound by.
Q. So you don't ever go beyond what the law requires at
a bare minimum?
A. I wouldn't say that, no.
Q. Okay. So why didn't you conduct that outreach?
A. Again, based on the fact of lack of any reservation
land and lack of any interest in our open houses or any
of the other announcements that's been made on the
project for outreach that there was a concern or issue
from it. We wouldn't follow up on nothing.
Q. There have been announcements on the reservation?
A. Again, we're not anywhere near a reservation. So
no. We don't typically go out and discuss or announce to
unaffected parties.
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Q. Did the proposed route project cross directly over
any aquifer or formation?
A. Absolutely.
Q. Okay. Does it cross over any aquifer used for
drinking water?
A. No primary sources that I'm aware of, no.
Q. Can you tell me how many aquifers will be crossed?
A. I believe I've provided that in an Interrogatory
response. I do not have that memorized.
Q. You don't recall. Okay.
Are any discharge sites protected in such proximity
to an aquifer used for drinking water or irrigation that
the discharge water could come into contact with the
aquifer?
A. Discharge water from what?
Q. Either two types of discharge water. I believe they
were hydrostatic testing and -- well, I believe there was
some discrepancy in some of the discovery we received,
but it was either the horizontal direction drilling or
the trenched boring.
A. There's only two types of dewatering which would be
hydrostatic and trench. Without knowing where these
sources are, what the soil makeup is, where specifically
you're talking about, where the screened interval would
be for the water well, I could not answer that.
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Q. Okay.
MS. BAKER: The Yankton Sioux Tribe has nothing
further.
MS. WIEST: Thank you. Ms. Northrup, you didn't
want to go next for this witness; right? Okay. Thank
you.
Mr. Rappold.
CROSS-EXAMINATION
BY MR. RAPPOLD:
Q. Did you participate in answering or responding to
any discovery questions?
A. Quite a bit, yes.
Q. Did you participate in answering or responding to
any discovery questions from the Rosebud Sioux Tribe?
A. Yes.
Q. Did you provide the -- in the answers to Rosebud
Sioux Tribe's second set of Interrogatories, we asked for
an update regarding the Permit chart.
Did you participate or --
A. I would have drafted that, yes.
Q. You drafted that?
A. Uh-huh.
Q. Okay. And we asked you for updates for all the
permits as of I believe it was the date your testimony
was filed.
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A. Uh-huh.
Q. Between that time and the date that you filed your
answer, which would have been September 21, does that
sound about right?
A. I have no idea.
Q. I've taken --
MR. RAPPOLD: Approach the witness.
MS. WIEST: Yes.
MR. RAPPOLD: And can I ask to have an exhibit
marked?
MS. SEMMLER: Are there enough copies for
counsel?
MR. RAPPOLD: They're electronic. Everything's
electronic.
MS. SEMMLER: I understood the Commission's rule
was that for exhibits which were not filed as exhibits,
that paper copies must be provided to all parties.
MR. RAPPOLD: And these were filed as exhibits.
MS. WIEST: Yes. And when were they filed as
exhibits? Is that your recent filing?
MR. RAPPOLD: I filed them on the due date and
had a discussion yesterday and earlier today with Joy
regarding why they didn't get uploaded to the PUC
website. And I believe they were uploaded today is my
understanding.
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And also the exhibits were e-mailed directly as
well to the parties.
MS. WIEST: Does that answer your question,
Ms. Semmler?
MS. SEMMLER: What number?
MR. RAPPOLD: I'm referring to 28, which is all
of Dakota Access's responses to discovery requests from
all parties. And I was going to ask that the court
reporter identify that as 28A.
MS. SEMMLER: I'm going to object. I don't
think that whole pile of discovery was ever actually
filed, was it? I think it was just referencing all
discovery generally, and discovery's not filed in the
docket.
MR. RAPPOLD: I know. But it's your discovery.
MS. SEMMLER: That's not filed in the docket.
You need to introduce it appropriately as an exhibit, and
provide a copy of what you're referencing.
MS. WIEST: So this is Exhibit 28?
MR. RAPPOLD: It's a document -- it's responses
to our Interrogatories, and I'd like to mark it 28A.
Because there may be more from the discovery documents.
MR. CREMER: Ms. Wiest, in looking on the
computer, you know, it shows Rosebud Sioux Tribe Number
28 did not file at this time. So I don't have access to
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it. And I don't know if others do or not. There's no
live link to it, so I don't understand where it is.
MR. RAPPOLD: I can't -- I can't speak to how
the website operates.
MR. CREMER: Well, it operates in that it says
that you didn't file it at this time is the way I
understand it. But my question, I guess, is did you file
something you think?
MR. RAPPOLD: I know I filed it. Yeah.
MR. CREMER: Okay.
MS. WIEST: You filed the actual responses?
MR. RAPPOLD: Oh, the actual individual
responses?
MS. WIEST: Yes.
MR. RAPPOLD: No. I did not file those, no.
MS. WIEST: Well, then in that case then you
need to have copies because we don't have copies of
those.
Q. You're currently in contact with the U.S. Fish &
Wildlife Service Sand Lake National Wildlife Refuge; is
that correct?
A. We are -- no.
Q. You're done communicating with Sand Lake?
A. No. We don't have a direct contact with that
refuge. We're working with the refuge department at the
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Fish & Wildlife Service, yes.
Q. Well, now I'll draw your attention to your testimony
on page 2, the second box down on the left-hand side.
A. Yes.
Q. Where it says U.S. Fish & Wildlife Service Sand Lake
National Wildlife Refuge complex. And are you saying
that you've never been in contact or communication with
them regarding this project?
A. We reached out to each district for the location and
limits of their easements. Yes, we did.
Q. Okay. And is that the only contact that you've had
with them?
A. With each individual district, yes. We are working
with a point of contact for that part of the agency.
Q. Do you know if the Army Corps of Engineers has begun
the agency-to-agency consultation with the Fish &
Wildlife Service?
A. I'm so sorry. Can you repeat that?
Q. Do you know if the Army Corps of Engineers has begun
the agency-to-agency consultation with Fish & Wildlife
Services?
A. I know there's been back and forth between the two
agencies on the project.
Q. So do you know if they've officially begun the
agency-to-agency consultation?
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A. I don't know what triggers that. Again, I know
they're talking to each other.
Q. Is that official consultation under the law?
MS. SEMMLER: Objection. A legal conclusion was
requested as he stated under the law. She's not a
lawyer.
MS. WIEST: Do you have a response?
MR. RAPPOLD: Well, she's indicated that she's
had 15 years of experience working in this area, and so I
don't think it's a question that asks for a legal
conclusion about the Application of a particular law or
how it works or what a law means.
Through her testimony she's indicated that she's
done this for 15 years, so she would know what formal
agency-to-agency consultation consists of under the law
that requires that.
And so I'm just asking her if back and forth
communication is considered agency consultation. It
doesn't call for a legal conclusion.
MS. WIEST: Objection overruled.
A. Based on the impacts and preconstruction
notifications the project has in South Dakota, there's no
need for agency-to-agency consultation.
Q. How do you know that?
A. In discussions with the Army Corps of Engineers, who
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would be the lead federal agency over those crossings.
We can use the coverage under the programatic biological
opinion for the Topeka shiner with respect to certain
nationwide permits.
Q. In your testimony, line 293, you indicate that there
will be a 50-foot pipeline permanent right of way that
will be kept clear of trees. That's on line 293.
Is that accurate?
A. Yes. By and large, 50 foot maintained of trees is
accurate.
Q. And that will extend the entire length of the
pipeline route?
A. Generally.
Q. Where wouldn't it?
A. Where we've offered up other mitigation measures.
Q. Are you able to say in the areas that will be kept
clear of trees that they are not areas where trees are
important for habitat?
A. I don't understand the question. Could you please
say that again?
Q. Would you agree that certain species rely on trees
and other characteristics for -- as a part of their
habitat?
A. Yes.
Q. And in the areas of the right of way that will be
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kept clear of trees, are those areas areas that wildlife
will depend on for their habitat?
A. Is the maintained right of way used by wildlife for
habitat?
Q. No. I'm just --
A. I'm sorry. I'm not understanding the question.
Q. I'm speaking of your testimony where it says you're
going to keep the right of way clear of trees. And you
said that would just only apply to certain areas.
And I'm wondering is, are those that are going to be
clear cut, are those areas that certain animals like
birds would depend on for their habitat?
A. I don't think a bird depends on any one tree for its
habitat, no.
Q. What about a bat? Do bats depend on trees for their
habitats?
A. A number of trees, yes.
Q. All right. And are there any bats in this area of
the pipeline corridor?
A. Yes. Absolutely.
Q. Okay. And so what bats are those? Do you know?
A. There's a plethora of them. Not just one or two.
Q. Well, can you tell us what they are?
A. Not off the top of my head.
Q. Are there any threatened or endangered species that
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fall into that category?
A. Protected by the Endangered Species Act, no, there
are not.
Q. What about under South Dakota Law?
A. Not that I'm aware of.
Q. There's a list that you referenced in the
Application. In your testimony you indicate there's a
comprehensive list of all federal and state listed
species within the counties crossed by the project.
That's on line 427, page 22.
Did you prepare that list?
A. Yes. Participated in developing that list.
Q. Is there anyone else that participated in preparing
that list?
A. The environmental consultants hired by me for the
project.
Q. Okay. And do you see where the northern long-eared
bat is listed?
A. I don't have that table. No, I don't.
Q. If I showed it to you, would it help you?
A. Yes.
MR. RAPPOLD: I'd like to show the witness the
federally listed threatened and endangered species table
from the Application.
MS. SEMMLER: For the record, I believe that was
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marked and admitted as DAPL 4; is that correct?
MR. RAPPOLD: I don't know.
MS. SEMMLER: Well, I think we need to all know
what we're looking at.
MR. RAPPOLD: Yeah. I agree.
MS. WIEST: Can you identify that, and do you
know if it was in -- let's see. Exhibit No. 4, did you
say, Ms. Semmler?
MR. RAPPOLD: Yes, she did.
MS. SEMMLER: Correct.
MS. WIEST: So that would have been Exhibit C to
the Application.
THE WITNESS: That was updated.
MS. WIEST: Can we go ahead? Is everybody on
the same page here?
MS. SEMMLER: I'd just like some additional
clarification I guess on whether or not the witness is
looking at the updated Exhibit C that the Applicant
admitted yesterday or if it's an older one? There's a
couple versions. I just want to be sure the witness is
looking at the appropriate updated version.
MS. WIEST: Well, if it's an admitted exhibit,
we can get it wherever it is.
MR. RAPPOLD: I'm trying to get it on the
website.
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MS. WIEST: Where is this exhibit at, the one
that was admitted?
Okay. Here's the updated one.
Okay. Now you can proceed.
Q. Is it Exhibit 4 -- Exhibit C?
MS. WIEST: I believe they were talking about
Exhibit 4 -- Exhibit No. 4, which was Exhibit C to the
Application.
MR. RAPPOLD: Yes. Okay.
A. The version you handed me is the old version.
Q. So is the northern long-eared bat listed on the
document that you're looking at?
A. It's a qualified listing. Qualified by the 4D rule
under which the species was listed by the agency.
Q. Okay. What's the 4D rule?
A. Basically, I mean, I can read it for you, but it
limits the protection of the species to certain
documented zones of which South Dakota is not one.
Q. And it's not a final rule, is it, 4D?
A. It is the interim rule based on the recent listing
of the species.
Q. And so there are still concerns with the northern
long-eared bat; correct?
MS. SEMMLER: Objection. Foundation. Whose
concerns?
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MS. WIEST: Can you clarify your question?
MR. RAPPOLD: Yeah.
Q. The Department of Interior.
MS. SEMMLER: Objection. This witness can't
speak for the Department of Interior.
Q. Have you reviewed --
MS. WIEST: Just one minute. Sustained.
MR. RAPPOLD: I'm sorry.
Q. Have you reviewed Federal Register Volume 80 No. 63,
April 2, 2015?
A. Assuming that's the listing date of the species,
yes, I have.
Q. So, yes, it is.
MS. SEMMLER: I'm going to object. That's not
what the witness testified to. She made an assumption,
and she stated that in her testimony. Her answer was not
yes.
MR. RAPPOLD: I'm sorry. I missed that. I
didn't get it.
MS. WIEST: I don't know that you were speaking
about her testimony when you said yes, that is.
MR. RAPPOLD: Yes. That's the Federal Register
notice that listed the species.
MS. WIEST: Does that clarify that, Ms. Semmler?
MS. SEMMLER: Thank you.
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MS. WIEST: Thank you.
Q. So how does the 4D rule work?
A. I mean, I don't have the regulation in front of me
spelling it out exactly. I can relay it in layman's
terms and how it applies to this species.
Q. Okay.
A. Basically the species is listed due to a sickness
within the population and other bat populations and not
based on habitat or human infringement or other things.
So the area under protection for the species is limited
to the area where the illness has been documented.
Q. And are you aware of any -- the possibility of that
illness moving? Or does it just stay in one spot?
A. The protected area for the species is delineated by
the agency. I don't know that I understand your
question.
Q. No. Does the -- what's the disease called?
A. White-nose syndrome.
Q. And will that -- is it your understanding that that
syndrome will stay in one geographic location or can it
move?
A. It can move.
Q. And is there any indication that it may be moving in
the direction of South Dakota?
A. I don't know.
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Q. Have you published any research papers?
A. No.
Q. What college did you go to?
A. I graduated from the University of
Wisconsin-Platteville.
Q. Wisconsin what?
A. Platteville.
Q. You testified -- your testimony indicates you've
supported the energy industry for 15 years. What do you
mean by supported the energy industry?
A. I've worked on both the consulting side of the
industry and the company side of the industry supporting
different types of energy projects, vastly pipeline
varying from natural gas and liquids. Also includes
electric transmission and wind farms.
Q. Are you responsible for participating in obtaining
any other permits from any other state or federal agency?
A. Yes.
Q. And which ones are you currently involved with?
A. Pertaining to this project or in my day-to-day work?
Q. Well, pertaining to this project, yeah.
A. All of the states the project runs through.
Q. Okay. So you would be familiar with Endangered
Species Act protection requirements in all of the states?
A. Absolutely.
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Q. And because the species in each state are different,
there could be different requirements for each state; is
that correct?
A. They're also different within the states, yes.
Q. Sure. And would you agree then that in order for
the Commission to grant -- grant you this Permit, you
would need to show compliance with laws in all
jurisdictions, all applicable laws?
A. No.
Q. Are there any other documents that you referred to
or relied on in preparing your list of threatened and
endangered species?
A. The list came from publicly available information as
well as agency technical assistance.
Q. Right. What I said is is there any other documents
or resources that you relied on that were not included
here in --
A. In the reference?
Q. Yeah.
A. I don't know. I would need to look at the
reference. No. I would assume the reference is
inclusive.
Q. Are you applying for easement -- a Special Use
Permit to cross through grassland and wetland areas?
A. We are -- we have applied for a Special Use Permit.
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Q. You have?
A. Yes. To cross fish and wildlife, wetland, and
grassland easements.
Q. Why do you need that Special Use Permit?
A. We don't necessarily feel that we do, but in our
discussions with the agency, they would prefer for us to
apply for it.
Q. Why don't you feel you need one?
A. They're nonexclusive easements with limited
jurisdiction.
Q. I'm sorry. I couldn't hear you.
A. They're nonexclusive easement with limited
jurisdiction.
Q. And that's why you feel you don't need them?
A. By and large, yes.
Q. But you're just kind of going through the motions?
A. Absolutely.
Q. How far along are you in that process?
A. The internal agency review is complete as of the
last update I've received, and they'll be working on
their interagency consultation as the next step.
Q. What's an interagency consultation?
A. That has to do with NEPA.
Q. And why is NEPA involved?
A. Because granting of the easement -- or granting of a
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Special Use Permit by a federal agency is a federal
action.
Q. And did you hear -- were you in the room when Mr. --
I don't know if I pronounce it --
A. Mahmoud.
Q. Mahmoud. Thank you. Sorry. Were you in the room
when he testified?
A. Yes, I was.
Q. And did you hear him say that you weren't applying
for a Special Use Permit?
A. No.
Q. What did you hear about it? Did you hear him
testify about the grasslands and wetlands crossings?
A. I remember there being questions and answers. As to
what they were specifically, I do not recall.
Q. Who prepared the cultural service -- or the -- who
prepared the cultural surveys required by Section 106 of
the National Historic Preservation Act?
A. Who prepared the surveys?
Q. Yeah. The report. The Class III Report. Do you
know who prepared that?
A. It was done under Perennial Environmental Services
and HRA Gray & Pape.
Q. And is anyone from Gray & Pape planning on
testifying at this hearing?
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A. No.
Q. Did you consider the U.S. wildlife fish and -- U.S.
Fish & Wildlife Service's species assessment and listing
priority assignment form for the Sprague's pipit in
preparing the Application?
A. I would have to see the Application. It's been
seven months since it was submitted. Six months.
Q. Well, you indicated that the references that were
listed on the exhibit was an exhaustive list of what you
relied on in forming your opinions.
A. Okay.
Q. And the priority listing assignment form for the
Sprague's Pipit's not on that list.
A. The Sprague's pipit is not listed. It's a candidate
species.
Q. I understand that.
A. So no. I'm sorry. No, we did not.
Q. You did not rely on or refer to this document, the
listing assignment form?
A. Correct.
Q. Okay. Did you rely on or refer to the Sprague's
pipit conservation plan in your assessment of the
Endangered Species Act?
A. Well, this was exhaustive, and it's not on here, so,
no.
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Q. Okay. And you did not consult the piping plover
recovery plan?
A. Yes, we did.
Q. But that's not on your list, though?
A. Well, based on general knowledge.
Q. But I'm not asking about general knowledge. There's
a specific recovery plan for this region I'm asking --
A. The recovery plan was not used in developing the
list on the table that you're referring to. It was used
in developing the EA that was submitted for the Special
Use Permit.
Q. It was or wasn't?
A. It could have been.
Q. But it's not on your list.
A. It's not on the list for the table, correct. That
table was not included in the EA.
Q. And the table reaches conclusions of effect on
species, doesn't it?
A. Yes.
Q. And in -- your conclusions all reach a no effect; is
that correct?
A. With the -- no. It's not correct.
Q. Which one doesn't?
A. The Pallid Sturgeon, the Topeka shiner, that's it.
Q. Okay. So did you rely on or refer to -- refer to
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the Topeka shiner management plan in forming your
opinion? It's not on your list. I just want to confirm.
A. Yes. I don't think this list explains -- this is
regarding the resources used to develop the table, not to
develop the effects determinations. They're not one in
the same.
Q. What did you use then?
A. I don't understand the question.
Q. What other resources besides your own personal
knowledge and experience did you use to reach the
determination and a conclusion that the pipeline would
have no effect on most of the species located within the
corridor?
A. Technical assistance from the federal agency
responsible for overseeing the act, field identification
and knowledge based on habitats observed, species
observed or not observed, professional experience and
knowledge of the species.
Q. Do you know that there are recovery plans in place
for certain species?
A. I do.
Q. And what you're telling us is you did not look at or
review yourself any recovery plans for identified species
to help you reach your conclusions?
A. Personally I did not reread those documents. I am
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familiar with them over the course of my career. I
absolutely have read those.
Q. So you can't really say with any degree of certainty
if the proposed pipeline fits into, for example, the
Pallid Sturgeon recovery plan? Is inserting a pipeline
part of the recovery plan?
A. No.
Q. Okay. Are you familiar with wetland management
districts?
A. Yes.
Q. Can you tell us, are you familiar with the purposes
of any of the wetland management districts in
South Dakota?
A. Generally speaking, yes. I don't know their mission
statements but --
Q. Did you review the Comprehensive Conservation Plan
for the South Dakota wetland management districts?
A. Yes.
Q. For this specific project and these determinations?
A. Yes.
Q. And does that document state what the purposes are?
A. I'm sure it does. I have not memorized it.
Q. If I showed you -- is there any documents that would
help refresh your memory as to what the purpose of the
districts are?
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A. Yes.
Q. Would that document be chapter 2 of the
Comprehensive Conservation Plan?
A. It could be.
Q. Okay. I'd like to show you RST Exhibit No. 22,
which should be available on the PUC website.
A. He's handed me page 23.
Q. In the upper right hand --
A. Under Section 2.3 of purposes.
Q. Thank you. In the upper right-hand corner where
it's highlighted, does it state a purpose for the
districts?
A. It does. And you've highlighted it.
Q. And can you read it?
A. "To assure the long-term viability of breeding
waterfowl population and production through the
acquisition and management of waterfowl production areas
while considering the need of other migratory birds,
threatened and endangered species and other wildlife."
Q. Thank you.
And then would you agree that inserting a pipeline
into those areas doesn't really support that purpose?
A. No.
MS. SEMMLER: I'm going to object. The witness
can't speak to the goals and purpose of the authors of
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this document. She read it, and that's what she was
asked to do, but she's not aware of the method by which
these purposes are created. The Rosebud Sioux Tribe
could have had a witness from this organization to
testify to that.
MR. RAPPOLD: Well, the witness has been working
presumably with these things and these concepts and these
areas for 15 years, and I'm just asking her if putting a
pipeline in an area that has a purpose such as this -- if
she thinks that's consistent with accomplishing this
purpose. And she's qualified to answer that question.
MS. WIEST: Overruled.
A. I do not think the pipeline conflicts with the
purposes of the water management districts.
Q. Are you aware of any of the wildlife management
districts in South Dakota identifying any issues that
they're currently facing?
A. No.
Q. You're not aware of any of those issues?
A. No.
Q. Is there anything that would help you refresh your
memory? Well, you don't even -- you don't know.
I'm going to hand the witness again RST Exhibit 22,
page 18, the right-hand side above where it says 2.2,
Special Values is where I'm referring to.
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Can you review that section real quick that's got
the blue markings next to it?
A. It says, "Issues faced by Sand Lake Wildlife
Management District include the following: Management's
district is a large entity, currently shares Staff with
the Sand Lake National Wildlife Refuge. The shared
arrangements provides minimal operation staffing for the
district. Headquarters are at the Sand Lake refuge.
This location is not ideal because it's far from the
majority of land holdings. Controlling invasive plants
is an ongoing effort for the district Staff. Tillage is
occurring at an accelerated rate."
Q. Thank you. And so is it your -- do you have any
knowledge of invasive plants taking over pipeline routes?
A. No.
Q. Have you ever heard of invasive plants being a
problem with pipeline construction and routing issues?
A. Routing issues? I don't understand the question.
Sorry.
Q. Are -- what are invasive species?
A. Generally speaking, non-Native plants.
Q. And in your experience have you come across
situations where after a pipeline is constructed,
invasive species move into the area where the pipeline
exists in the right of way?
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A. My personal experience?
Q. Yeah.
A. Not if they weren't already there.
Q. Did you prepare the entirety of your testimony?
A. Yes. I believe I did.
Q. Okay. Did you write the questions and then the
answers, or did someone give you the questions and then
you wrote the answers?
A. It was somewhat of a joint effort in the beginning,
and then I completed the whole thing.
Q. Did you look at any of the other witnesses'
testimony in preparing yours?
A. I glanced at a few.
Q. Was there an effort made to ensure that your
testimony was consistent with other witness's testimony?
A. By me personally, no.
Q. By anyone else that you're aware of?
A. I would imagine there were some quality assurance
done, but I couldn't speak to that.
Q. Do you know what the time line is for starting
construction?
A. Yes.
Q. And what is that?
A. Spring of 2016.
Q. Do you have to comply with the requirements of the
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Endangered Species Act in North Dakota?
A. Yes.
Q. Do you know if the piping plover is a species of
bird that could possibly be affected by the pipeline
construction in North Dakota?
MS. SEMMLER: Objection. Relevancy. We're in a
South Dakota siting docket.
MR. RAPPOLD: It's still relevant because they
have to show that they have the ability to comply with
all laws that are applicable. And the witness has just
stated that the Endangered Species Act is applicable to
the project in North Dakota.
So I'm not getting into any substance of the
subject, but the issue's raised because there are piping
plovers on the endangered species list, but the habitat
and everything is restricted to the North Dakota area of
the pipeline and the Missouri River. And I believe
there's also conflicting testimony that we'll get to
later on as it relates to the piping plover in
South Dakota. And that's why I want to ask her questions
about the piping plover in North Dakota.
MS. WIEST: I'll allow it just for that limited
purpose.
THE WITNESS: Can you please repeat the
question.
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MR. RAPPOLD: Can you read the question back.
(Reporter reads back the last question.)
A. Possibly be, yes.
Q. How could it be affected in North Dakota?
MS. SEMMLER: I'm going to object again as to
relevancy. I think it's gone beyond the scope of your
limited permission.
MR. RAPPOLD: I think it still goes to --
CHAIRMAN NELSON: I'm going to sustain.
COMMISSIONER HANSON: I'd move to sustain.
COMMISSIONER SATTGAST: I move to sustain as
well.
MS. WIEST: You can go on to your next question.
MR. RAPPOLD: Thank you.
Q. Did you prepare Section 18 in your Application as it
relates to land use?
A. I was part of that, yes.
Q. Which parts were you responsible for?
A. I was involved in both collecting the data and
overseeing the writing and participating and editing, and
I was part of it.
Q. And did you participate in the Special Use Permit
Application with the Fish & Wildlife Service?
A. Yes.
Q. And is there information in that document that
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wasn't part of the Application in South Dakota?
A. The EA for the Special Use Permit includes areas in
North Dakota. So by default, yes.
Q. Is there information related to South Dakota that's
in the grasslands and wetlands Application that's not in
the South Dakota PUC Application?
A. Without looking at them both side by side, I can't
answer that.
Q. Your testimony indicates that you did species
observations between September through November 2014.
That's three months; correct?
A. Yes.
Q. Do you think that's a long enough time to accurately
determine whether or not species may be present in an
area?
A. Additional surveys were done in the spring of '15,
not accounted for in the Application that was filed in
December.
Q. So what's the time frame for the spring of '15 when
additional surveys were done?
A. Generally speaking, spring.
Q. There's been a lot of generally speaking of spring
around here.
So are you referring to the same generally speaking
definition that everyone else is, or are you referring to
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the calendar definition of when spring occurs?
A. There's a lot of definitions of spring. I'm just
saying, generally speaking, after winter is when we would
perform our environmental and biological and cultural
surveys.
Q. Does the whooping crane have any species occurrence
documented within one mile of the project?
A. Off the top of my head I don't know. I don't
believe so.
MS. WIEST: Mr. Rappold, do you have many more
questions?
MR. RAPPOLD: Yes.
MS. WIEST: Because I promised Cheri a break
around this time. We'll take a 15-minute break.
Assuming we're going until 6:00. 10-minute break.
(A short recess is taken)
MS. WIEST: You may continue questioning.
MR. RAPPOLD: Thank you.
Q. Are you aware of what type of risk analysis was
performed regarding the HDD crossings?
A. I don't understand the question.
Q. There's a number of stream locations where the HDD
method is going to be used to cross the stream?
A. Yes.
Q. And you know what that is?
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A. Yes.
Q. Do you know what type of risk analysis was done at
those stream crossings?
A. I don't understand risk analysis in relation to an
HDD. I'm not sure what you're trying to ask.
Q. Could a pipeline that's crossing under a river
rupture underneath of the river?
A. I don't know.
Q. You don't know that at all?
A. No.
Q. Is there another witness that might know that?
A. If a pipeline can rupture under a river?
Q. Yeah.
A. Under what circumstances?
Q. Generally speaking.
A. I suppose anything's possible.
Q. So if it is possible for an HDD crossing to leak
under the river, what type of analysis was performed to
determine the harm that that could cause to fish and
other species that are in that river?
A. I'm aware of a full-blown risk analysis on the
entire pipeline performed to PHMSA standards that
accounts for a guillotine crushed in the pipeline every
200 feet.
Q. A guillotine crush. What do you mean by that?
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A. Basically a complete severing of the pipeline.
Q. Okay. Are you aware of any analysis that was done
at the HDD crossings specifically?
A. Yes. It accounts for the locations where there are
HDDs.
Q. And do you know what the worst-case discharge
scenario is?
A. No.
Q. Are you aware of any -- well, could the -- in your
opinion, do you feel that a rupture that took place at an
HDD crossing could contaminate the river?
MS. SEMMLER: Commissioners, I'm sorry to
interrupt. To help move this along, we have an expert,
Todd Stamm, that's going to be able to answer some of
those sort of risk analysis type questions. I don't
believe this is the appropriate witness to do that.
MS. WIEST: Can you ask those of that witness,
Mr. Rappold?
MR. RAPPOLD: Yeah. But I really feel like I'm
being pushed along. I'm sorry. I've heard it a number
of times, in the interest of moving this along. But,
yeah, I'll ask a different witness those questions.
Q. Would it be your understanding that right of ways
could cross different types of ecosystems?
A. Yes.
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Q. And is it -- would it be your understanding that
those crossings could fragment habitat?
A. Depending on the ecosystem, yes.
Q. Could that also lead to a clearing of sensitive
vegetation and create pathways for the spread of invasive
species?
A. I would have to understand what you're talking
about. I don't understand.
Q. In the right of way.
A. If there are sensitive species present, yes, a right
of way would clear them.
Q. Invasive species?
A. I'm sorry. Can you repeat the question?
MR. RAPPOLD: Can you repeat the question?
(Reporter reads back requested question.)
A. Sensitive vegetation? I'm sorry. I don't know what
you mean by sensitive vegetation.
Q. Well, if you eliminate vegetation.
A. If you eliminate it?
Q. Just take out the word "sensitive" and then answer
the question.
A. I'm sorry. I'm lost.
Q. Can a right of way lead to a pathway to spread
invasive species?
A. If not managed or restored properly, yes.
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Q. Okay. Thank you. What types of -- what types of
biological problems could be encountered at right of way
stream crossings? Are you aware of any?
A. Biological problem?
Q. Uh-huh.
A. I don't understand what you're asking.
Q. Any problems relating to the biology of the
environment at the stream crossing where the right of way
exists?
A. There are temporary impacts at stream crossings.
Q. What types of activities are conducted, do you know,
related to right of way maintenance?
A. Generally vegetation maintenance.
Q. Do you know if that ever involves spraying chemical
pesticides or any other removal mechanisms?
A. Pesticides? I'm not aware of that, no.
Q. They wouldn't use pesticides on the right of way
after the pipeline's constructed?
A. I can't think of a circumstance where we've used
pesticides on the right of way.
Q. Can right of ways result in the destruction of
normal groundwater flows?
A. There are temporary impacts to groundwater flow if
the groundwater is intersected by the trench.
Q. And those effects would only be temporary?
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A. Absolutely.
Q. Were you involved in the determination that there
are no high consequence areas that the pipeline would
cross in South Dakota?
A. Yes. I was part of that analysis.
Q. And was the identification of unusually sensitive
areas part of what you participated in?
A. Yes.
Q. Are you aware of any multi species assemblage areas?
A. No.
Q. Are you aware of any migratory water bird
concentration areas?
A. No.
Q. Are you familiar with a Ramsar site?
A. Can you repeat the question?
Q. Are you familiar with a Ramsar site?
A. Yes.
Q. And what is that?
A. It's a dedicated ecological wetland that provides
extensive value, part of a larger program, I believe,
worldwide.
Q. And is that -- do you know where that comes -- where
the authority to do that comes from?
A. No. I'm not intimately familiar with the process.
Q. Are you familiar with the convention on wetlands of
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international importance?
A. Generally to the extent that I've heard of it.
Q. And are you aware that the Sand Lake Refuge has
received that designation?
A. Yes.
Q. And are you aware that the Sand Lake Refuge is part
of the Sand Lake Wetland Management District?
A. I recognize it's located within it, yes.
Q. And would you agree that there may be particular
concerns that are unique to that designation that the
other areas may not have?
A. Are you talking -- I don't understand the question.
Q. Well, the pipeline's passing through the Sand Lake
district.
A. Yes.
Q. Within that district is the refuge that has a --
that's a Ramsar site, the Sand Lake.
A. Yes.
Q. So do you think that there may be specific unique
concerns for that district that don't exist for any of
the other districts?
A. Because it has a Ramsar site in it?
Q. Uh-huh.
A. No.
Q. No?
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A. No.
Q. Are you aware that federal definition for unusually
sensitive areas includes migratory water bird
concentration areas?
A. Yes.
Q. As Ramsar sites?
A. Yes.
Q. Okay. Can water quality be degraded from
sedimentation?
A. Yes.
Q. Can oil spills and improperly handled waste degrade
soil water, harm vegetation, fish, and wildlife?
A. Yes.
Q. Can air quality be degraded from dust and engine
emissions?
A. Potentially.
Q. Do you believe in global warming?
MS. SEMMLER: Objection. That's outside the
scope of this witness's prefiled testimony, and it's
irrelevant.
MS. WIEST: Do you have a response?
MR. RAPPOLD: It is relevant. There's a number
of federal agencies that are required to take into
account the effects of global warming. Part of the
science behind global warming addresses carbon emissions.
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So it is relevant.
MS. WIEST: Objection sustained.
Q. Would you agree that fish and wildlife can be
injured by human presence?
A. Potentially.
Q. Do you think 1,000 people in each of the -- 1,000
people in the spread could damage fish and wildlife?
A. Anything's possible.
Q. And if there happened to be an endangered species in
that area -- what is the Endangered Species Act prohibit
people from doing?
A. Taking of a protected species.
Q. And what does a taking mean?
A. Harm, harass, kill. _
Q. So if there was an endangered species in one of the
spreads, is it possible that human presence and activity
working in that area could kill any of those species
resulting in a violation of the Endangered Species Act?
MS. SEMMLER: I'm going to object. The question
calls for speculation. And it's very vague, actually
details completely nonexistent, circumstantial. The
witness can't testify to unknown circumstances.
MS. WIEST: Sustained.
Q. Do you agree that cultural resources could be
damaged or threatened through the installation and
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operation of pipelines?
MS. SEMMLER: I'm going to make the same
objection. These questions call for significant
speculation. They're devoid of any basis or factual
background or foundation. The questions are vague and
require speculation.
MS. WIEST: Mr. Rappold.
MR. RAPPOLD: I'll move on.
Q. Do you think public use can be impact -- public use
of wildlife areas can be impacted through construction
and operation of pipelines?
MS. SEMMLER: I'm going to make that same
objection. Again, the question is vague. It's very
broad. This witness has been provided no foundation or
basis for the question. She's speculating, at best.
MR. RAPPOLD: Well, she's making and offering
opinions on what affect the pipeline would have on
species that are located in the area where the pipeline
will be.
And one of the uses of some of these areas, many
of these areas, in fact, are public use areas. And I'm
asking if the installation and operation of a pipeline
could interfere with public use of these areas. So I
believe it is irrelevant.
MS. WIEST: Objection overruled.
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A. In South Dakota the pipeline crosses private lands.
I'm not sure what you're referring to for public use.
Q. So there's no public use of any of these lands? Is
that your testimony?
A. That's not my testimony.
Q. Would you agree that the Dakota Access Pipeline must
comply with the requirements of the National Wildlife
Refuge System Administration Act of 1966?
A. As applicable, yes.
Q. What parts of it are applicable? The entirety of
it? I just don't understand what you mean by as
applicable.
A. I'm not sure how it applies to this project.
Q. Well, does it apply or not?
A. We need no permits, clearances, consultations
regarding that act.
Q. So you're saying that it doesn't apply?
A. Outside of the easement crossings, no.
Q. So then it does apply to the easement crossings?
A. I've already testified we are applying for a Special
Use Permit to cross fish and wildlife easements. I
understand those easements are sought through the refuge
system. How it applies to the act I can't testify to.
Q. Okay. So then you can't testify as to whether or
not Dakota Access has the ability to comply with the
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National Wildlife Refuge System Administration Act?
MS. SEMMLER: Objection. It's been asked and
answered. This is now getting into badgering the
witness.
MS. WIEST: Sustained.
Q. Is it your understanding that compatibility and
appropriate use determination must be reached by Fish &
Wildlife Services?
A. On the easements?
Q. Yeah.
A. Yes.
Q. And are you familiar with the criteria for
determining if a use is appropriate?
A. Yes.
Q. Has the Fish & Wildlife Service told you that the
proposed use is -- I'm sorry. That the proposed use
contributes to fulfilling the refuge purpose?
MS. SEMMLER: Objection. I think the use of the
word purpose is vague. I don't understand the meaning of
that. It's a vague question.
MS. WIEST: I will sustain on the basis of
vagueness.
Q. You're involved with the Special Use Permit
Application; correct?
A. Yes.
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Q. We've already said that?
A. Uh-huh.
Q. So in that process do you not know what the meaning
of purpose is within this context of the Permit that
you're asking for?
MS. SEMMLER: Objection. The witness is now
being harassed.
MS. WIEST: I still believe it's vague.
Objection sustained.
Q. Do you know what the purpose of establishing the
Sand Lake Refuge was? Or is?
A. No.
Q. Have you received a jurisdictional determination
from Fish & Wildlife Services?
A. We're utilizing a PJE for this project.
Q. So does that mean you will or will not receive a
jurisdictional determination?
A. It means we will not.
Q. Has Fish & Wildlife Service told you that the
project will comply with all laws?
A. I don't know how Fish & Wildlife could say anything
about all laws.
Q. These are just some of the things that Fish &
Wildlife Service will consider in determining if the
proposed use is appropriate.
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A. Again, the Application's under review.
Q. So they haven't told you then that the use is
consistent with all executive orders and Fish & Wildlife
Service policies?
A. In our -- let's see. We started consultations or
conversations with them last July. There's nothing
that's indicated to us that it is not.
Q. But they haven't told you that it is?
A. Correct.
Q. Have they told you that it -- the proposed use is
consistent with public safety?
A. They've told me nothing.
Q. Have you read anything that they may have written to
anyone at Dakota Access involved with this Permit
Application?
A. I read everything that they would have sent to
Dakota Access.
Q. And in everything that you've read, have you read
any statements from Fish & Wildlife Services that says
the proposed use is consistent with public safety?
A. Off the top of my head, I don't recall.
Q. Have you read anything that Fish & Wildlife sent you
to indicate that the use is consistent with the goals or
other management plans of the refuge?
MS. SEMMLER: Objection. I think the witness
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has answered that she's not aware of any answer that's
been given by U.S. Fish & Wildlife Service. So it's been
asked and answered.
MS. WIEST: Sustained.
Q. Do you have any idea when you will have an answer
from Fish & Wildlife Service regarding your Special Use
Permit Application?
A. I don't have a definitive receipt date, no.
Q. But you will need that to begin construction before
the spring of 2016; correct?
A. No.
Q. You won't?
A. Correct.
Q. Why not?
A. Those Special Use Permits, if required, only apply
to the areas of protection under those easements. It
does not apply to the entire project.
Q. Well, I'm not trying to imply that it applies to the
entire project.
Would you begin constructing the project if you
didn't have all the necessary permits?
A. We could.
Q. But do you think you would?
A. It's not my call.
Q. I'm going to go back to page 23. I believe it's
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Exhibit 22. Is that the right number?
And I know I had you read this upper right-hand
corner portion earlier, and it defines what the meaning
purpose is. So can you go ahead and read that again out
loud?
MS. SEMMLER: You know, I'm going to object.
It's already been read. It's already in the record. If
Mr. Rappold could simply ask his question, it would be
appreciated.
MR. RAPPOLD: Well, we got hung up on the
definition of purpose, and -- when I was asking the
questions about whether or not they received any
information about the project fitting in with the purpose
of the wetland management districts. So the purpose is
clear.
MS. WIEST: You can just go ahead and ask your
question then.
Q. Based on the purpose as it's written in the
comprehensive conservation plan, has Fish & Wildlife
Service told you that the project is consistent with the
purpose of the refuge?
MS. SEMMLER: I'm going to object. It's been
asked and answered. The witness testified that she's
received no answer from U.S. Fish & Wildlife Service.
MR. RAPPOLD: No further questions.
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MS. WIEST: Sustained.
Ms. Craven.
CROSS-EXAMINATION
BY MS. CRAVEN:
Q. Kimberly Craven here on behalf of Dakota Rural
Action and Indigenous Environmental Network. Thank you
for appearing here today.
I'm a little curious about your background too.
Have you been at Dakota Access or Energy Transfer
Partners your entire career?
A. No.
Q. What other companies were you with?
A. I started here in 2007 with a company that was
acquired by Energy Transfer. Prior to that I was with a
company called TRC and AECOM, and so all of which have
been bought and sold by each other.
Q. Your testimony is quite extensive and covers a whole
wide range of topics, so I'm just going to ask, are you a
hydrologist?
A. I work with hydrology. Am I a hydrologist? I don't
know what that would be defined as.
Q. Are you a hydrologist?
A. No.
Q. Have you ever published anything, any academic
articles about hydrology?
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A. No.
Q. Are you an expert in water science?
A. No.
Q. Have you ever published anything regarding water
science?
A. No.
Q. And you have stated that you're not a geologist.
You volunteered that, that you're not a geologist.
What about endangered species? Do you consider
yourself an endangered species expert?
A. I'm a biologist with extensive experience with
endangered species.
Q. I see that your degree, though, is in reclamation?
A. Biological reclamation, yes.
Q. What about cultural resources? Do you consider
yourself a cultural resource specialist?
A. Not a specialist, no.
MS. CRAVEN: We're going to try this again. We
are moving to strike testimony that is not expert
testimony -- that she cannot offer as an expert but that
DAPL is attempting to do and which they've done numerous
times. She can testify to the topics that she's an
expert in, which she says is biology and reclamation.
But she has testified to geology, hydraulic
impacts, impacts on threatened and endangered species,
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BMPs for wetlands, mitigation for threatened endangered
species, air quality impacts and cultural resources.
Now these are all very important topics and that
we wish we had experts here to testify to these. But
it's really not fair to Ms. Howard to have her come up
and present testimony that she may have participated in
writing but that she is not an expert in and have that be
presented as expert testimony when it really doesn't fit
under the Rule 602, which is what she's presenting her
testimony on.
She's not been presented as an expert witness.
She's giving her opinion about stuff, but line after line
of her testimony is expert witness testimony that she
really has no expertise in.
So we're asking you to strike lines 85 through
104 that have very extensive information about geology,
lines 179 to 227 which have all sorts of information
about hydraulic impacts, lines 308 to 354 which are
impacts on threatened and endangered species, lines 355
to 389 which are impacts on hydrology and aquatic
resources, lines 389 to 425 for BMPs for wetlands, lines
425 to 450 regarding mitigation for threatened and
endangered species, lines 451 to 461 air quality impacts,
462 to 523 for cultural resources.
The standard in the State of South Dakota, which
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was established in the Guthrie case is that you have to
be an expert to put forth expert testimony, and that is
just not the case here.
MS. WIEST: Did you have a response?
MS. SEMMLER: I do. Thank you.
You know, the questions Ms. Craven failed to ask
were who it was under your direction that studied all of
those various areas of science and prepared analysis and
prepared final documentation that Monica Howard reviewed.
None of those questions were asked.
MS. CRAVEN: Well, it --
MS. SEMMLER: I am not done.
MS. WIEST: Ms. Craven, do not interrupt.
MS. SEMMLER: As the director of environmental
science and as the environmental project manager,
Ms. Howard is an expert in compiling that information and
hiring the folks that are experts in doing it and in
putting that material together for the decision-makers
within the company to construct this pipeline.
She is an expert in her field. And had
Ms. Craven gone a step further and asked who it was that
prepared those materials, it could have been answered.
So I do believe her testimony is very
appropriate and ask that the Commission render the same
decision it has made for all other witnesses.
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MS. WIEST: The motion to strike is denied.
MS. CRAVEN: I really find this ironic because
it was Ms. Semmler who said she's not a geologist; she
can't testify to that. She's not an attorney; she can't
testify to that.
I'm saying she's not a hydrologist. She
shouldn't be allowed to testify to that. If they want to
talk about hydrology and threatened and endangered
species, which we would love, we would like the experts
here, not someone who's read reports or who's had people
bring reports, then compile them, and put that into her
testimony.
She can offer her own direct knowledge, but she
can't offer expert -- this is just laden with direct
testimony.
MS. WIEST: The motion to strike has been
denied. You can go on.
MS. CRAVEN: Well, I would just like to have --
Q. Let's talk about cultural resources then.
Could you please tell me the difference between a
Class III Survey and a Level III Survey?
A. Level III has to do with documentation review
whereas Class III is on the boots -- or on the ground,
boots on the ground survey in the field.
Q. And you used -- it seems you used the terms
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interchangeably in the testimony. You say that there was
a Class III Survey in South Dakota; is that correct? Was
there a Class III Survey here?
A. Absolutely.
Q. My understanding of a Class III Survey is that you
walk the entire length of the pipeline with an
archeologist or someone that has the credentials. Did
that occur in South Dakota?
A. Yes. As I testified to earlier, over 98.6 percent
of the route was surveyed by principal investigators.
Q. Okay. You also testified that no regulation
requires tribal participation and cultural resources
surveys; is that correct?
A. No.
Q. You did not testify that?
A. I don't believe that was my testimony.
MS. CRAVEN: Could we get that read back,
please.
(Reporter reads back portion of testimony.)
Q. On page 24 line 63 of your prefiled testimony, you
state cultural resources surveys were conducted for the
project in accordance with Section 106 of the National
Historic Preservation Act; is that correct?
A. Yes.
Q. Section 106 regulations codified at
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36 CFR 800.2(c)(2)(A) state that, "In conducting cultural
resources surveys under Section 106, the surveyors shall
ensure the consultation in the Section 106 process
provides Indian Tribes or native Hawaiian organizations a
reasonable opportunity to identify as concerns about
historic properties, advise on the identification and
evaluation of historic properties, including those
traditional religious or cultural importance articulated
views on the undertaking's effects on such properties and
participate in the resolution of adverse effects."
Do you want to change your testimony that tribal
participation and surveys is not required?
A. No, I do not.
Q. So you still think the tribal participation is not
required?
A. Under Section 106 that participation and
coordination happens from a government-to-government
perspective, so the state SHPO office would be the one
coordinating with the Tribes, which they are. So it has
been done, just not by the Applicant.
Q. You testified that the pipeline does not cross any
tribal lands, and that is why Tribes were left out of the
survey process; is that correct?
A. Yes, generally, yes.
Q. Do you know if the pipeline route crosses any Great
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Sioux Nation lands that were seated or aboriginal lands?
A. I know that the pipeline does not cross any tribal
lands.
Q. So what about seated lands?
A. There's nothing that the pipeline crosses that has
been --
Q. What about aboriginal Indian land?
MS. SEMMLER: I'm going to object to the extent
this calls for a legal conclusion, the definition of
those terms. The question is vague, and it's lacking any
foundation.
MR. CAPOSSELA: She asked if she knows.
MS. WIEST: Sustained.
Q. The Section 106 regulations at 36 CFR 800.2(c)(2)(D)
states that, "Frequently historic properties of religious
and cultural significance are located on ancestral,
aboriginal, or seated lands of Indian Tribes and native
Hawaiian organizations and should consider that when
complying with the procedures of this part."
Are you aware of this requirement when you stated
Tribes have been left out of surveys?
A. I didn't say Tribes have been left out of surveys.
I said they weren't consulted for surveys.
Q. You say they weren't consulted, but they were --
repeat that, please.
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A. They weren't left out; they just weren't consulted.
Q. They weren't left out; they just weren't consulted.
Do you know the difference between a level -- I
guess we did ask this, but you say that we had a Class
III Survey, but in the documentation it only references a
Level III Survey. In the reports from Gray & Pape it
only references Level III Surveys.
A. They're titled Class III Reports.
Q. Pardon me?
A. Those reports are titled Class III Reports. It may
have been a typo in a document referencing the report.
They are Class III Reports that were submitted to the
SHPO and approved and concurred with by them.
Q. I read them, and they say over and over again Level
III, Level III, Level III?
MS. SEMMLER: Objection. Counsel is testifying.
MS. WIEST: Sustained.
Q. You also testified that you prepared the alternative
section; is that correct?
A. Yes.
Q. Okay. Chapter 12 in the Revised Application is
entitled Alternative Sites. Subsection 12.1 is entitled
Root Selection and explains the GIS mapping used to
select the root.
Subsection 12.2 is entitled Root Evaluation and
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discusses route modifications.
Subsection 12.3 entitled Proposed Route discusses
commitments to work with the landowners.
Then the Application goes to chapter 13.
MS. SEMMLER: I'm going to object again.
Counseling is testifying.
MS. CRAVEN: I am getting to my question.
MS. WIEST: Objection overruled.
Q. Then the Application goes to Chapter 13, a different
section, and when it's read, it really appears that no
alternatives to the current pipeline route were ever
considered, except slight modifications here and there.
Am I missing something?
A. Yes.
Q. What would that be?
A. Well, you're not missing it. You just read over the
part where we have major reroutes. And I've already
testified to the environmental constraints analysis that
was done on this.
Q. Is there an alternative route to this pipeline?
A. There were alternatives, yes.
Q. Where are they?
A. I don't understand the question.
Q. With an EIS you get alternative routes; you get
alternative choices. So is there an alternative route to
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this particular pipeline that was considered that would
be part of the Application as -- that would be included
in Chapter 12 as an alternative sites?
MS. SEMMLER: I'm going to object as to the form
of the question. We had a lot of discussion on EISs, and
there wasn't -- that process didn't take place.
MS. WIEST: Objection overruled on the
alternative route question.
A. Yes. There were a number of routes looked at for
this pipeline.
Q. Why were those not included in the Application?
A. Discussions of those routes were included in the
alternative section and in depth.
Q. Under the 12.1 which is entitled Route Selection and
explains the GIS mapping?
A. Yes.
Q. That's where it will be found?
A. I think I testified earlier how a route is selected,
and it includes a multitude of alternatives.
Q. I think what I'm looking for is really the
alternative routes, a paper, that were looked at and then
not selected.
A. What about them?
Q. I'd like to see them. I think a lot of people are
interested in if there were alternative routes
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considered.
MS. SEMMLER: Objection. The discovery time has
lapsed.
MS. WIEST: Sustained.
MS. CRAVEN: Okay.
Q. Are you familiar with the term no action
alternative?
A. Yes.
Q. What does that mean?
A. What would happen provided the action did not take
place.
Q. Was there an evaluation of no action and a
requirement -- which is a requirement under the National
Environmental Policy Act?
A. Yes. I'm aware of what the no action alternative
is.
Q. Okay. Was there an evaluation with this pipeline
under that with that analysis?
A. Sure.
Q. And is that in the Application as well?
A. No.
Q. Why not?
Earlier we had testimony that the Application is
equal to an EIS?
A. I think the information gathered for the project is
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equal to that required to develop an EIS, and that the
process is afforded the same opportunity to the public to
comment. I don't know that it said the Application
equals an EIS. That was not said.
Q. You also testified that there are no cumulative
impacts of DAPL and other projects. Have you evaluated
the potential cumulative impacts of DAPL and the Keystone
Pipeline on the Great Sioux Nation?
A. The location of the Keystone Pipeline does not
warrant a cumulative impact or the location and impacts
of the DAPL project.
MS. CRAVEN: Could I have a minute, please.
MS. WIEST: Go ahead.
(Pause)
Q. So the Keystone XL Pipeline will be crossing the
South Fork of the Grand River near the Cheyenne River
Reservation. This pipeline is scheduled to cross the
Missouri River, which is just upstream and borders the
Standing Rock Sioux reservation?
MS. SEMMLER: Objection. This is asking to
assume facts not in evidence at this hearing.
MS. CRAVEN: There was testimony about
cumulative impacts in her testimony and that there would
be none.
MS. WIEST: Overruled.
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Q. Would that be a cumulative impact?
A. Can you please restate the question.
Q. The Keystone XL Pipeline is going to be -- if it
gets recertified, will be crossing the South Fork of the
Grand River near the Cheyenne River Sioux Tribe
Reservation. This pipeline is scheduled to cross the
Missouri River near the Standing Rock Reservation.
Would those two crossings of those major waterways
that provide drinking water for native people, would that
be a cumulative impact?
A. No.
Q. Thank you. And you testified that there will be no
impacts on source water for drinking water systems.
What community drinking water intakes are located
along the Missouri River in South Dakota and on
South Dakota reservations?
A. The project doesn't cross any of those.
Q. There are drinking water intakes on the Missouri
River.
A. The project doesn't cross the Missouri River in
South Dakota.
Q. Under the clean -- under the Clean Water Act, there
are jurisdictional concerns of downstream users of --
from upstream users. That's a right under the Clean
Water Act.
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So what community drinking water intakes do you know
of that are located along the Missouri River that would
be impacted from a spill up river?
A. None.
Q. You don't know -- none? You say none or you don't
know?
A. The spill? How much? Where? Under what
circumstance? How close to the river? What time of
year? I can't answer that.
Q. But you don't know exactly if there are any
community water intakes?
A. I'm aware of community water intakes. How or when
or if they would be impacted I am not.
Q. Could you tell for the record where are these
intakes?
A. It's in my documentation. I don't have any of that
memorized.
Q. Do you know if there's a drinking water intake at
Ft. Yates?
MS. SEMMLER: Objection. It's been asked and
answered. She does not remember and doesn't have the
material in front of her.
MS. WIEST: Sustained.
Q. Are you familiar with the term Mni Wiconi?
A. No.
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Q. Do you know how many South Dakota Tribes use the
Missouri River as a source of drinking water?
A. No.
Q. You testified that the mitigation for wetlands is
the use of mats. Will mats be used for every wetland
crossing?
A. Mats is a mitigation measure for crossing wetlands.
If warranted, mats would be used, yes.
Q. And how will it be chosen which wetlands will cross
and which contractors will use mats?
A. All contractors will use mats.
Q. And who's made that decision?
A. It's a fact of a pipeline of this length.
Q. And you also testified that there will be no
permanent impact to agriculture. Could a spill affecting
groundwater used for irrigation potentially result in
long-term impacts on ag production?
A. Since you qualified it with potentially, yes,
anything's possible.
Q. And you testified there would be no permanent impact
to water quality or water resources?
MS. SEMMLER: Objection. It calls for
speculation. The question's vague.
MS. CRAVEN: No. She testified to that.
MS. WIEST: Objection overruled.
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Q. Could a spill in surface water potentially result in
long-term impact on water quality or aquatic resources?
A. Again, anything is possible. Potentially, yes.
Q. Do you agree with this statement: Known tributaries
that could potentially be impacted in particular when
considering the Topeka shiner, is Shoe Creek, Pearl and
Middle Pearl Creeks, Red Stone Creek, Rock Creek, West
Fork of the Vermillion, East Fork of the Vermillion, and
the James River?
A. What was the question about those rivers?
Q. Do you agree with the statement?
A. That they have the potential presence for the
shiner? I'm sorry. Yes.
Q. What mitigation is proposed to protect the potential
impacts on the whooping crane?
A. We don't believe there are going to be any adverse
effects to the whooping crane.
Q. Is the answer no?
A. You asked what, not if.
Q. Are you familiar with the term TCP?
A. Yes.
Q. Describe the requirements under NHPA Section 106
with respect to TCPs, please.
A. Off the top of my head I can't.
Q. Where in the cultural resource reports are TCPs
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identified?
A. They're not.
Q. Is there a reason for that?
A. Hold on. I need to rethink about my statement.
I don't have the report in front of me. I'm sorry.
Q. Did you yourself conduct any of the surveys of
historic properties along the pipeline route?
A. I was present for some of the surveys. I did not
lead any of them.
Q. And are you also familiar with the Secretary of
Interior's guidelines for archeology surveys under NHPA?
A. Yes.
Q. Do your qualifications meet those guidelines?
A. No.
Q. What professional organizations do you belong to?
A. Southern Gas Association, National -- INGA. I don't
know right now. I'm sorry. I'm flustered.
MR. CAPOSSELA: Do you want to take five?
Q. Do you want to take a little break and come back?
A. No. I'm fine to proceed.
Q. But you can't remember what professional
organizations you belong to?
MS. SEMMLER: Objection.
A. I don't know how you qualify that. I belong to a
number of them.
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MS. WIEST: Sustained.
MS. SEMMLER: Objection. Relevance. And she's
badgering the witness.
MS. WIEST: Ms. Craven, do you know how many
questions you have left?
MS. CRAVEN: I think I'm almost finished.
Q. So you said that you are familiar with the term TCP?
A. Yes.
Q. Will you tell us what that term stands for?
A. Traditional cultural property.
Q. And what are those defined as?
A. I don't have that memorized. I don't know where or
what they are. I oversee the people who are responsible
for our 106 compliance where that applies.
MS. CRAVEN: No further questions.
MS. WIEST: Ms. Northrup, did you have any
questions?
MS. NORTHRUP: I do not have any questions.
MS. WIEST: Ms. Edwards, did you have any
questions?
MS. EDWARDS: I believe so, very briefly.
CROSS-EXAMINATION
BY MS. EDWARDS:
Q. On line 431 of your direct testimony you provided a
list of eight water bodies crossed by the route that have
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Topeka shiner occurrences. However, in the table in your
same direct testimony on -- or at line 389 only six of
those eight water bodies are included as being considered
for HDD, the excluded ones being Pearl Creek and the East
Fork of the Vermillion River.
Will you please explain this discrepancy?
A. Those two creeks that you mentioned are the ones
that were added in the HDD list in the revised testimony.
Q. Okay. So can you confirm for us now that those will
be HDD?
A. The Pearl Creek and the East Fork will be HDD.
Q. Thank you.
Do you have any reports or survey sheets produced
during the environmental surveys for determining if
threatened and endangered species exist within the
project corridor?
A. Yes. Those were collected as part of the biological
surveys.
Q. Would you be willing to provide those to the
Commission?
A. Sure. Yes.
MS. EDWARDS: Thank you. No further questions.
MS. WIEST: Any questions from Commissioners?
CHAIRMAN NELSON: Just one. You testified that
you couldn't think of a circumstance where you would use
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pesticides in the right of way.
How do you propose controlling Canadian thistle
after you've replaced the dirt?
THE WITNESS: With herbicides. Pesticides are
different.
CHAIRMAN NELSON: Herbicides are pesticides.
Your testimony is that herbicides are not
pesticides?
THE WITNESS: Herbicides are used in the right
of way management.
MS. WIEST: Any other Commissioner questions?
COMMISSIONER HANSON: I do. Thank you.
Ms. Howard, appreciate your job and your responsibility
in the environment, taking care of our state and our
citizens.
Are you aware of any environmental reason why
the route of the pipeline cannot be moved farther away
from the high growth areas of Tea and Harrisburg?
THE WITNESS: Yes. You asked for an
environmental reason why not?
COMMISSIONER HANSON: Are there any
environmental reasons why it should not be moved further
away?
THE WITNESS: Yeah. The general nature of
environmental impacts is to minimize impacts. And the
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strongest way to minimize impacts is to minimize length.
The more dirt you turn over, the more erosion potential
you have. The more length you add, the more likely you
are to cross additional features or increase lengths of
habitats, things of that nature. So from an
environmental standpoint, minimization is by far
priority.
COMMISSIONER HANSON: So distance would be your
reason for not having it farther away?
THE WITNESS: That's the primary reason, I would
say.
COMMISSIONER HANSON: Is the environmental work
that the -- that Dakota Access has performed or has
testified that it will perform provide protections of
endangered species commensurate with an EIS that meets
the federal standards?
THE WITNESS: Yes. There's no different surveys
or measures we would have taken on our analysis and
evaluation of this project, whether it be for an EIS or
not. And we are absolutely complying with Endangered
Species Act with respect to threatened species.
COMMISSIONER HANSON: Endangered Species Act?
THE WITNESS: Yes.
COMMISSIONER HANSON: Thank you.
One of your responsibilities is community
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impact. Does the distance from communities either
increase or decrease the community impact?
THE WITNESS: From a short-term perspective it
could.
COMMISSIONER HANSON: What about long-term?
Would a further rerouting of the pipeline farther away
from a highly populated areas further decrease community
impact?
THE WITNESS: Not at all.
COMMISSIONER HANSON: So why then did you
testify that moving it away from the communities
decreased the community impact if moving it away at this
juncture does not decrease it?
THE WITNESS: I apologize. I didn't mean to
testify that it would decrease community impact.
The community impact experienced by the project
would be a result of the construction activities, the
presence of vehicles and personnel and potentially having
it a few more miles away may interfere less with a
traffic pattern or something of that nature. It would
only be experienced during the actual construction of the
pipeline.
And how far away would it not impact that
community, considering that's where construction workers
may work and truck routes might come through. I can't
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guarantee or say that a distance would increase or
decrease the community impact from a temporary
standpoint. It's reasonable to assume it might, but from
a long-term perspective, there would be no difference.
COMMISSIONER HANSON: What about future growth
of the communities, increase --
THE WITNESS: Pipelines are routinely developed
around up and into and incorporated into developments.
It's by far not a limiting factor aside from the actual
placement of a structure on top of a narrow easement.
COMMISSIONER HANSON: Certainly. We're speaking
of a larger pipeline, and pipelines, as a generic term,
certainly there's water pipelines, there's natural gas
pipelines that run through communities. As a matter of
fact, I have them running down my street and running from
the curb to my home, so I recognize that there's
pipelines that run throughout communities.
We're talking about a much larger one than that,
and with an easement that's much larger than just on the
boulevard of someone's property here.
THE WITNESS: Let me clarify. The pipelines I
was talking to are all main line trunk line systems.
That's what my experience is in and what our company
works with. So all the of the pipelines I'm talking
about are 24 to 46, 42-inch pipe lines with 50 foot,
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sometimes larger, easements that, again, are run through
communities.
Communities are often built around them, like I
said, with the green space going down the middle
utilizing the lack of development able to go on those
pipelines. It's very commonplace for pipelines,
historical pipelines to become part of developments. And
I don't see why this would be any different.
COMMISSIONER HANSON: So in your testimony
you're saying that the close proximity to communities, to
households has nothing but positive effect?
THE WITNESS: I don't believe it has any
long-term negative effect.
COMMISSIONER HANSON: All right. Thank you.
THE WITNESS: You're welcome.
MS. WIEST: Any other questions from
Commissioners?
COMMISSIONER SATTGAST: Yes. Ms. Howard,
yesterday Commissioner Hanson mentioned birds as a
concern of his, and today Mr. Rappold discussed bats. I
come from an area -- I come from out in the Black Hills,
so trees are pretty commonplace. And I was looking
through your testimony and you answer, line 24 of how
Dakota Access categorized land found along the pipeline,
and then going further down to line 237 of what are
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vegetation community types found along the pipeline. I
don't see a very significant number of trees listed in
that documentation, meaning that it's fairly scarce on
this side of the state.
THE WITNESS: Fair.
COMMISSIONER SATTGAST: So when we get down to
the other testimony of line 293, which you may want to go
there, and 295, where I believe Chairman Nelson mentioned
earlier that the 50-foot pipeline permanent ROW will be
kept clear of trees to allow for pipeline inspection and
maintenance.
And then if you go to line 295, disturbed areas
outside the permanent ROW will be re-vegetated with a
recommended seed mix, and natural succession will allow
vegetation to revert to preconstruction types. Tree and
shrub replanting is not proposed.
I'm just wondering why -- since it is a scarcity
on this side, why is that part of the process? Why is
the plan -- aren't those going to be replanted or brought
back to their preconstruction periods?
THE WITNESS: That's a general statement along
the route of the project. Certainly in coordination with
landowner individuals that would request or, you know,
require that as part of their easement we would entertain
that for sure. But it's not proposed -- like you said, I
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know it's only in the double digits of how many trees the
whole state we are taking that it appears to be in our
easement at the time, as of now.
COMMISSIONER SATTGAST: Thank you. That was
going to be my other question.
Then my further question is bats are kind of a
concern. And so I'm just curious, has there been some
type of census done to see what the populations along
there have been since there are studies that have shown
that there's diminishing number of bat type of species in
our area?
THE WITNESS: No. We did do in-depth
coordination with the Fish & Wildlife Service prior to
even going out on the ground. And they very clearly
defined for us where they wanted to see our bat surveys
performed. So they were almost certainly performed along
the project, just not in South Dakota.
COMMISSIONER SATTGAST: Thank you very much.
MS. WIEST: Any other Commissioner questions?
If not, are there any Intervenor questions based on
Commissioner questions?
Looking around.
Is there any --
MS. BAKER: Yes. I'm sorry. The Yankton Sioux
Tribe.
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MS. WIEST: Oh, I didn't see you. Go ahead.
RECROSS-EXAMINATION
BY MS. BAKER:
Q. Going back to those cultural resource surveys again.
Do you think that a cultural survey conducted with the
existence of tribal representatives would yield more
information than surveys done without those
representatives from Tribes?
A. I suppose it could, yes.
Q. Okay. And there's been a lot of talk about
Harrisburg and growth. Do you know the size of the
pipeline -- I know the size of the pipeline varies, so do
you know what the size of the pipeline is in that region?
A. In the entire State of South Dakota it's 30 inches.
Q. It is 30 inches. Okay.
A. Uh-huh.
Q. And is there any green space planned for the
pipeline in South Dakota?
A. I don't understand the question.
Q. You had mentioned green space as a benefit to
communities.
A. For future development. We're currently outside of
all planned developments, but it is a potential for
future use. Our proposal is to restore to
preconstruction conditions.
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Q. Okay. So nothing's planned right now?
A. No. Everything would be turned back to agriculture
or ranchland, whatever it is currently in land use for.
MS. BAKER: Okay. Nothing further. Thank you.
MS. WIEST: Anyone else? Any redirect?
REDIRECT EXAMINATION
BY MS. SEMMLER:
Q. Ms. Howard, you were asked earlier today about your
role in legal compliance type stuff. Do you remember
that question?
A. I do.
Q. Can you clarify for us what exactly your role is
within the corporate structure, your place of employment?
A. Yeah. My role is to gather information, pass along
assessments and data with respect to compliance under
areas of my control.
Q. So you're not a compliance officer?
A. No, I'm not.
Q. There were questions in regard to karst. Do you
remember those?
A. I do.
Q. Did you do any sort of investigation or studies as
it pertains to karst, are you aware of?
A. The project did retain geologic professionals,
geoengineers that did a full geological evaluation of the
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entire route of the project, including all of that in
South Dakota.
Q. Can you testify as to the contents of those studies?
A. Off the top of my head I cannot, but I do know that
it accounted for karst and made recommendations. I just
don't know off the top of my head what they were.
Q. Do you cross any land which is owned by a tribal
entity?
A. We do not.
Q. In South Dakota?
A. We do not.
Q. As a result of that, in South Dakota are you
required by law -- you being the project, to consult with
any of those tribal entities?
A. We are not.
Q. There was some talk about white-nose syndrome in the
bat population.
A. Yes.
Q. Are you the person that makes determinations in
regards to where the bats are protected as it relates to
that disease?
A. No. That's clearly defined by the managing agency.
The Fish & Wildlife Service issues maps and boundaries
and consults on it.
Q. And you consulted with them?
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A. Uh-huh. Yes.
Q. You testified about hydraulic studies, geology
studies, cultural studies, endangered species studies.
Were all those studies done under your direction?
A. The vast majority of them.
Q. If you remember, Mr. Rappold, from the Rosebud Sioux
Tribe, asked you several questions in regards to the
purpose of wetland districts? Did I use the right
terminology?
A. Wetland management districts, yes.
Q. And he had you read that purpose. Do you remember
that?
A. I do.
Q. Based on your experience in the industry, do you
believe it's possible for that district to accomplish its
purpose at the same time the project can accomplish its
purpose? In other words, can you coexist?
MR. RAPPOLD: Objection. Calls for a legal
conclusion.
MS. SEMMLER: Just asked based on her 15 years
in the industry if she can -- if her employer's purpose
can coexist with this management district's purpose.
MR. RAPPOLD: A compatible use determination is
a decision to be made under law by the Fish & Wildlife
Service. It calls for a legal conclusion. I renew my
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objection.
MS. WIEST: Objection overruled.
Q. Please answer.
A. Yes. A pipeline can certainly and does coexist with
many conservation areas, including those for the Fish &
Wildlife Service.
Q. Does the project cross any wildlife refuge?
A. No.
Q. And that includes Sand Lake; right?
A. Right. That was a priority routing function was to
avoid those federal and public areas.
Q. There was a line of questioning by Mr. Rappold about
invasive or noxious -- invasive plants or noxious weeds.
Do you remember that?
A. I do.
Q. Does the project in its postconstruction
rehabilitation stage, does the project have a plan for
weed management?
A. Yes.
Q. Is part of that weed management plan to control
those sorts of noxious plants and weeds?
A. Yes. It falls in line with our restoring everything
to preconstruction conditions.
MS. SEMMLER: Nothing further. Thank you.
MS. WIEST: Any redirect -- any recross based on
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redirect?
MS. CRAVEN: I have one question.
MS. WIEST: Go ahead.
RECROSS-EXAMINATION
BY MS. CRAVEN:
Q. Is it your testimony that if a cultural survey is
conducted which purports to comply with the National
Historic Preservation Act and there's no TCP survey
conducted by tribal experts, that this survey would
comply with Section 106?
A. Absolutely. I've overseen countless, countless
cultural resource surveys for hundreds of miles of pipe,
if not thousands, that did not account for tribal surveys
and still complied with the act.
Q. Would that be in Indian Country like South Dakota
is?
A. This is my first project in South Dakota.
MS. CRAVEN: Okay. Thank you.
MS. WIEST: Any other questions?
If not, you're excused.
THE WITNESS: Thank you.
MS. BAKER: Ms. Wiest, do we have an order of
witnesses for tomorrow or could we discuss that?
MS. WIEST: Yes. That's what we're going to do.
I'll talk to Dakota Access first.
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MS. SEMMLER: Todd Stamm will be the witness we
start with tomorrow.
MS. WIEST: And any witnesses after that?
MS. SEMMLER: That is our final witness.
MS. WIEST: So after Todd Stamm does -- who
would be going next with their witnesses? I'm trying to
remember the order about which witnesses were available
and which were not.
Yes. I believe Mr. Boomsma's are all scheduled
for next week.
CHAIRMAN NELSON: Diane's are next week.
MS. WIEST: Ms. Northrup, was yours scheduled
for a time certain?
MS. NORTHRUP: In my motion for substitution I
had asked for Tuesday or Wednesday of next week.
MS. WIEST: That's right. Ms. Craven?
MS. CRAVEN: We do not have any direct
witnesses. We only have rebuttal. We could have
Mr. Capossela go, if you'd like.
MS. WIEST: Are we up to Staff then?
MS. EDWARDS: If that's how the Commission would
like to proceed. I have no problem if Mr. Capossela
wants to go first for DRA IEN. Otherwise we are prepared
to proceed with our direct after Dakota Access is done.
MS. WIEST: Did you have a preference?
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MR. CAPOSSELA: I was going to come in late and
write a brief on something else, but I'm happy to be
prepared, if that helps.
MS. WIEST: We will start with Mr. Stamm,
Mr. Capossela, and go to Staff.
Staff, do you have an order if anybody wants to
be prepared tomorrow?
MS. EDWARDS: I know we'll start with
Mr. Kearney then probably go to Brian Walsh.
MS. WIEST: Okay. Are there any questions
before we adjourn?
MR. RAPPOLD: Who would be next after Mr. Walsh
if we get farther than that?
MS. WIEST: Do you know, Ms. Edwards?
MS. EDWARDS: I don't. We'd have to see who's
available. Several of our witnesses -- obviously state
employee witnesses live in Pierre so it's just a matter
of seeing who's available at that time.
MS. WIEST: But perhaps by the morning you would
know who's available that day?
MR. CREMER: I don't know that we can get ahold
of anybody tonight yet. I know we've got a number of
e-mails from people. They're out of town. They're in
meetings. We're going to have to look through those to
see. We might know before lunch tomorrow.
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MS. WIEST: Okay. Anything else before we
adjourn for the evening?
If not, we will meet again tomorrow at 8 a.m.
(The hearing is in recess at 6:25 p.m.)
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STATE OF SOUTH DAKOTA)
:SS CERTIFICATE
COUNTY OF SULLY )
I, CHERI MCCOMSEY WITTLER, a Registered
Professional Reporter, Certified Realtime Reporter and
Notary Public in and for the State of South Dakota:
DO HEREBY CERTIFY that as the duly-appointed
shorthand reporter, I took in shorthand the proceedings
had in the above-entitled matter on the 30th day of
September, 2015, and that the attached is a true and
correct transcription of the proceedings so taken.
Dated at Onida, South Dakota this 23rd day of
October, 2015.
Cheri McComsey Wittler,Notary Public andRegistered Professional ReporterCertified Realtime Reporter
008993
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1319:20, 389:16,394:2, 399:15,400:6, 404:14,415:15, 424:9,424:14, 432:9,441:8, 493:2015-minute [1] - 447:14150 [12] - 350:2,350:13, 350:21,350:23, 351:15,362:1, 363:6, 368:5,376:13, 376:14,376:21, 383:191501 [1] - 177:211505 [1] - 177:221509 [1] - 177:221510 [1] - 177:231513 [1] - 177:231529 [2] - 165:3, 170:61530 [3] - 165:4,165:5, 165:61531 [1] - 165:71537 [1] - 170:7154 [1] - 168:61540 [1] - 170:71551 [1] - 170:81552 [1] - 170:81553 [1] - 170:91555 [1] - 170:91557 [1] - 172:31561 [1] - 165:181562 [1] - 172:41572 [1] - 172:41578 [1] - 172:5158 [1] - 168:61580 [1] - 172:51581 [1] - 172:61582 [1] - 172:61583 [1] - 172:71585 [1] - 172:71589 [1] - 172:81591 [1] - 172:81593 [1] - 172:91595 [1] - 172:91596 [2] - 172:10,172:111599 [1] - 165:1716 [5] - 164:9, 165:20,167:3, 400:181602 [1] - 172:121606 [1] - 172:121607 [1] - 172:131615 [1] - 172:131616 [1] - 172:14162-499 [1] - 162:101628 [1] - 172:141631 [1] - 172:151633 [1] - 172:151634 [1] - 172:17
008994
1641 [1] - 165:191642 [2] - 165:21,172:181655 [1] - 172:181663 [1] - 172:191666 [1] - 172:191667 [1] - 173:31670 [2] - 165:17,173:41677 [1] - 173:41678 [1] - 173:51680 [1] - 173:51686 [1] - 173:61690 [2] - 173:6, 173:71692 [2] - 173:7, 173:81695 [1] - 173:81697 [1] - 173:917 [2] - 165:21, 167:41721 [1] - 173:101727 [1] - 165:201731 [1] - 165:201737 [2] - 165:19,173:111753 [1] - 173:11176 [1] - 181:41773 [1] - 173:121782 [1] - 173:121789 [1] - 173:13179 [1] - 465:171793 [2] - 173:13,173:141794 [1] - 173:141796 [1] - 173:151797 [1] - 173:1618 [6] - 165:21, 167:5,298:11, 306:5,441:24, 445:15180 [1] - 412:21801 [1] - 165:161805 [1] - 173:17181 [1] - 168:71820 [1] - 173:171822 [1] - 173:181828 [1] - 170:111834 [1] - 165:111849 [1] - 170:121850 [1] - 170:121856 [1] - 170:131857 [1] - 170:131863 [1] - 165:31868 [1] - 178:71872 [1] - 164:14188 [1] - 168:71882 [1] - 178:71883 [1] - 178:81892 [1] - 178:81894 [1] - 178:91896 [1] - 178:91898 [1] - 178:10
19 [4] - 189:16,192:25, 342:2,342:131901 [1] - 178:111903 [1] - 164:121907 [1] - 164:211911 [1] - 178:121913 [1] - 178:121915 [1] - 178:131916 [1] - 178:131919 [1] - 178:141921 [1] - 167:191924 [1] - 178:151928 [1] - 164:12194 [1] - 168:81942 [1] - 164:211944 [1] - 164:22195 [1] - 379:111966 [2] - 164:23,457:8197 [4] - 376:8,376:13, 376:24,377:201971 [1] - 164:241975 [1] - 178:161984 [1] - 178:16
2
2 [15] - 164:3, 165:3,165:14, 167:6,167:13, 360:25,366:11, 366:15,366:16, 383:22,401:18, 402:7,423:3, 430:10, 440:22-17 [1] - 191:112.2 [1] - 441:242.3 [1] - 440:92/17/15 [1] - 165:72/18/15 [1] - 165:52/25/15 [1] - 165:620 [3] - 275:3, 361:24,403:8200 [24] - 193:17,193:18, 328:14,329:2, 363:7,363:10, 363:11,364:21, 368:6,372:15, 374:10,374:12, 374:17,374:18, 375:13,375:18, 375:19,375:21, 375:22,376:7, 448:242000 [1] - 261:172007 [2] - 261:19,463:132011 [2] - 261:11,
261:212014 [3] - 295:1,295:7, 446:102015 [8] - 162:8,162:9, 163:16,297:18, 430:10,499:11, 499:142016 [6] - 274:22,274:23, 274:25,329:20, 443:24,461:10202 [1] - 168:82035 [1] - 178:172046 [1] - 178:17208 [1] - 167:172084 [1] - 178:182088 [1] - 178:182093 [1] - 178:192096 [1] - 178:1920:10:22:10 [2] -268:5, 268:721 [3] - 275:3, 401:20,420:3210 [1] - 168:92123 [1] - 178:202125 [1] - 178:202129 [1] - 178:212130 [1] - 178:222133 [1] - 164:132142 [1] - 178:232143 [1] - 178:232145 [1] - 178:242147 [1] - 178:242148 [1] - 179:32149 [1] - 164:142159 [1] - 164:232170 [2] - 164:7, 179:42175 [1] - 179:42182 [1] - 179:52198 [1] - 179:522 [7] - 167:6, 283:16,406:1, 427:10,440:5, 441:23, 462:1220 [1] - 168:92205 [1] - 179:62206 [1] - 179:62208 [1] - 179:72211 [1] - 179:72212 [1] - 179:82215 [1] - 179:8227 [2] - 185:7, 465:17229 [2] - 197:1, 197:422:10:22:10 [1] -267:1623 [5] - 190:6, 192:21,285:1, 440:7, 461:2523.5 [1] - 342:14231 [1] - 168:10237 [2] - 168:10,
487:25239 [1] - 168:1123rd [1] - 499:1324 [4] - 167:17,468:20, 486:25,487:23243 [1] - 168:1125 [5] - 350:5, 350:10,350:17, 350:23,377:22250 [1] - 168:12253 [1] - 168:12255 [1] - 168:13258 [1] - 168:13259 [1] - 168:1426 [2] - 167:7, 402:14260 [1] - 168:16263 [2] - 164:10,168:16270 [3] - 330:23,330:24, 331:6271 [1] - 168:17272.4 [1] - 373:2274 [2] - 331:1, 372:15275 [1] - 331:128 [4] - 297:18, 421:6,421:19, 421:25280 [1] - 168:17289 [1] - 168:1828A [2] - 421:9, 421:2129 [1] - 162:8292 [1] - 168:18293 [3] - 425:5, 425:7,488:7294 [1] - 168:19295 [2] - 488:8, 488:12296 [1] - 169:3299 [1] - 164:1529th [1] - 163:16
3
3 [15] - 164:4, 165:4,165:15, 165:22,167:14, 360:3,360:9, 366:17,367:2, 367:3,383:13, 383:17,383:18, 384:12,396:73,000 [2] - 302:1,380:33.8 [1] - 195:2430 [8] - 162:9, 164:9,244:19, 245:3,362:11, 378:16,490:14, 490:1530-inch [1] - 378:17300 [1] - 164:10
2301 [1] - 169:4308 [1] - 465:1830th [1] - 499:1031 [6] - 164:10,187:22, 262:3,262:13, 262:24,263:132 [5] - 164:10,297:20, 299:21,299:23, 299:25320 [1] - 169:4324 [1] - 169:533 [4] - 164:11, 394:5,394:6, 404:2332 [2] - 320:15,372:17332.4 [2] - 373:1,373:2339 [1] - 169:533rd [1] - 197:934 [1] - 164:1134A [1] - 244:1434A-18-9 [1] - 244:1735 [2] - 164:12, 380:7354 [1] - 465:18355 [1] - 465:19357 [1] - 169:6358 [1] - 169:636 [4] - 164:12, 261:7,469:1, 470:14364 [1] - 164:15365 [1] - 169:737 [1] - 164:13372 [1] - 169:7374 [1] - 169:8376 [2] - 169:8, 374:17378 [1] - 169:9379 [2] - 169:9, 169:1038 [1] - 164:14389 [4] - 403:8,465:20, 465:21,482:239 [1] - 164:14393 [1] - 169:11
4
4 [14] - 164:4, 165:5,165:15, 286:17,291:6, 301:18,301:19, 307:10,379:21, 428:1,428:7, 429:5, 429:74.1 [1] - 259:94/8/15 [1] - 165:440 [6] - 187:23,187:25, 188:9,249:9, 361:25,362:11
008995
404 [2] - 164:11,169:12408 [1] - 235:441 [5] - 164:15,298:21, 298:23,299:16, 299:18414 [1] - 163:15419 [1] - 169:1241st [1] - 197:842 [4] - 164:15,363:19, 364:6, 374:642-inch [1] - 486:25425 [2] - 465:21,465:22427 [1] - 427:10431 [1] - 481:244401 [1] - 296:2245 [1] - 164:16450 [1] - 465:22451 [1] - 465:2346 [3] - 164:17, 380:1,486:25461 [1] - 465:23462 [1] - 465:24463 [1] - 169:1347 [1] - 164:1848 [2] - 164:19, 223:10481 [1] - 169:13482 [1] - 169:14483 [1] - 169:14487 [1] - 169:1549 [1] - 164:2049-41B-1 [1] - 389:549-4B-28 [1] - 356:11490 [1] - 402:21491 [1] - 169:16495 [1] - 169:16497 [2] - 402:16,402:184D [4] - 429:13,429:15, 429:19,431:2
5
5 [9] - 164:5, 165:6,165:16, 301:19,301:22, 307:12,327:4, 358:17,379:2550 [18] - 164:21, 302:5,302:6, 302:8,302:10, 302:11,322:10, 331:3,350:7, 350:12,350:19, 350:20,350:23, 353:24,377:7, 377:20,425:9, 486:25
50-foot [2] - 425:6,488:950-foot-wide [1] -331:6500 [3] - 163:15,368:9, 368:2551 [1] - 164:2152 [2] - 164:22, 322:14523 [2] - 169:18,465:24524 [1] - 164:11525 [2] - 164:5, 164:6528 [1] - 169:1953 [3] - 164:23,287:13, 360:954 [1] - 164:2354-inch [1] - 321:22546 [1] - 169:1955 [2] - 164:24, 168:356 [1] - 288:20566 [1] - 169:20568 [1] - 169:2057 [1] - 360:9572 [1] - 169:21575 [1] - 169:21578 [1] - 169:2258 [1] - 408:3584 [1] - 169:22588 [1] - 169:2359 [1] - 164:9594 [1] - 169:23596 [1] - 169:245:30 [1] - 180:5
6
6 [11] - 164:5, 165:7,165:16, 167:16,180:5, 249:11,301:19, 301:24,327:9, 361:4, 380:16/5/15 [1] - 164:960 [2] - 366:3, 379:22600 [3] - 363:25,374:18, 374:20602 [1] - 465:9607 [1] - 169:24608 [1] - 178:361 [1] - 164:3612 [1] - 178:462 [4] - 164:3, 164:4,305:24, 306:22620 [1] - 178:4621 [1] - 170:3627 [5] - 165:7, 165:8,165:8, 165:9, 165:1063 [3] - 164:4, 430:9,468:2064 [1] - 164:5
648 [1] - 170:465 [1] - 168:4651 [1] - 170:466 [3] - 222:3, 248:9,286:17662 [1] - 170:5668 [1] - 170:16674 [2] - 165:14,165:21676 [1] - 170:1668 [4] - 286:18,305:24, 306:22,379:24684 [1] - 170:17687 [1] - 170:17691 [1] - 170:18693 [1] - 170:18695 [1] - 170:20698 [1] - 165:14699 [1] - 170:206:00 [1] - 447:156:25 [1] - 498:4
7
7 [7] - 164:6, 165:7,165:17, 167:16,266:15, 326:13,363:570.1 [1] - 373:5701 [1] - 170:21702 [2] - 170:21, 343:4704 [1] - 171:3707 [1] - 165:15708 [1] - 171:4713 [1] - 171:472 [1] - 372:15722 [1] - 171:5724 [1] - 171:5727 [1] - 171:6729 [1] - 171:6739 [1] - 171:874 [1] - 291:6743 [1] - 165:16745 [1] - 171:8747 [1] - 164:8748 [1] - 164:9749 [1] - 171:975 [9] - 313:21,350:13, 376:16,376:21, 376:25,377:13, 377:14,377:17, 377:24757 [1] - 171:977002 [2] - 260:22,393:19790 [1] - 169:15
8
8 [4] - 165:8, 165:17,167:17, 498:38/24/15 [1] - 165:2180 [1] - 430:9800.2(c)(2)(A [1] -469:1800.2(c)(2)(D [1] -470:14812 [5] - 164:16,164:17, 164:18,164:19, 164:2082 [2] - 167:9, 380:2825 [1] - 171:1084 [1] - 168:4843 [1] - 171:1085 [6] - 298:8, 307:5,352:16, 353:4,353:5, 465:15863 [1] - 171:11871 [1] - 171:11872 [3] - 171:12,171:12, 171:13874 [1] - 171:13878 [1] - 171:15884 [1] - 165:15886 [1] - 171:15
9
9 [8] - 162:8, 164:7,165:8, 165:18,167:17, 359:9,361:6, 372:129/8/15 [1] - 164:8900 [2] - 301:12,338:23901 [1] - 171:16916 [1] - 167:3924 [1] - 167:3926 [2] - 167:4, 167:7927 [1] - 167:5928 [1] - 167:6931 [1] - 171:16941 [1] - 171:17945 [1] - 171:17946 [1] - 171:18949 [1] - 171:18951 [2] - 171:19,171:19955 [1] - 171:21957 [1] - 165:18959 [1] - 171:2296 [1] - 402:1297.7 [1] - 402:2398 [3] - 229:4, 229:6,229:17
398.6 [3] - 402:13,402:24, 468:999 [2] - 354:15, 354:17992 [1] - 171:22997 [1] - 171:23998 [1] - 171:23
A
a.m [1] - 498:3A1 [2] - 190:3, 191:7AARON [1] - 178:6abandon [2] - 207:21,207:24abandoned [1] -208:25abandonment [1] -207:14Aberdeen [2] - 355:10,355:12abide [3] - 180:8,201:8, 387:21abilities [1] - 194:12ability [5] - 196:10,266:17, 401:5,444:9, 457:25able [21] - 195:16,199:19, 223:1,240:17, 272:2,284:2, 300:8, 322:2,326:4, 326:18,327:6, 333:7,346:12, 374:23,391:11, 407:17,408:23, 409:15,425:16, 449:14,487:5Aboriginal [1] -167:18aboriginal [4] -416:21, 470:1,470:7, 470:17above-entitled [2] -163:14, 499:10aboveground [1] -408:9absolutely [28] -184:7, 194:14,211:6, 226:20,227:3, 230:17,238:4, 246:15,254:17, 254:20,273:19, 362:22,385:20, 396:14,399:11, 400:10,409:17, 413:25,415:25, 418:3,426:20, 432:25,434:17, 439:2,
008996
452:1, 468:4,484:20, 495:11academic [1] - 463:24accelerated [1] -442:12acceptable [1] -343:16accepted [2] - 166:14,182:17access [10] - 283:23,311:6, 311:8,311:15, 312:2,312:10, 312:12,312:13, 401:20,421:25Access [73] - 163:2,166:13, 180:16,182:24, 183:7,195:25, 221:22,221:24, 238:9,239:20, 239:22,247:14, 248:14,263:8, 263:11,267:16, 268:9,269:2, 269:11,271:11, 274:9,277:2, 279:5, 279:7,280:2, 280:11,280:12, 280:13,280:15, 280:21,280:22, 283:17,288:20, 296:25,299:18, 299:25,301:11, 312:19,312:22, 313:16,317:9, 319:8, 321:2,322:6, 322:21,323:6, 324:2, 327:3,329:7, 329:12,332:5, 332:7,344:21, 357:12,359:18, 359:20,372:22, 405:12,405:16, 406:15,407:20, 407:21,411:14, 411:23,457:6, 457:25,460:14, 460:17,463:9, 484:13,487:24, 495:25,496:24ACCESS [2] - 162:4,162:5Access's [1] - 421:7accidents [1] - 252:4accommodate [2] -396:10, 398:25accommodated [1] -396:25accommodating [1] -
204:23accommodations [1]- 380:11accomplish [3] -384:8, 493:15,493:16accomplishing [1] -441:10accordance [3] -207:25, 285:1,468:22according [3] - 244:2,298:12, 318:5account [3] - 397:3,454:24, 495:13accounted [3] -401:14, 446:17,492:5accounts [3] - 395:6,448:23, 449:4accurate [8] - 192:21,224:22, 294:10,331:7, 368:16,375:15, 425:8,425:10accurately [1] -446:13acquire [1] - 377:5acquired [10] - 294:7,346:19, 353:21,354:5, 354:17,354:20, 354:22,354:24, 377:10,463:14acquisition [4] -206:25, 261:19,261:25, 440:17Acquisitions [1] -251:1acreage [1] - 408:9act [12] - 207:17,218:4, 218:16,283:20, 283:21,284:4, 339:4, 427:2,438:15, 457:16,457:23, 495:14Act [29] - 204:3, 211:4,218:3, 218:13,259:10, 279:1,283:19, 284:3,284:8, 284:9,284:15, 284:18,294:20, 432:24,435:18, 436:23,444:1, 444:11,455:10, 455:18,457:8, 458:1,468:23, 474:14,476:22, 476:25,484:21, 484:22,
495:8acted [2] - 236:12,236:13ACTING [1] - 162:14acting [1] - 259:19action [10] - 199:9,217:6, 258:12,258:23, 259:4,435:2, 474:6,474:10, 474:12,474:15Action [3] - 163:5,339:15, 463:6actions [4] - 202:3,216:13, 217:1,247:17active [4] - 408:20,408:21, 408:22,413:25actively [1] - 283:1activities [9] - 200:6,200:10, 256:16,297:9, 338:3,349:12, 380:25,451:11, 485:17activity [9] - 294:12,308:6, 308:12,308:13, 310:5,335:19, 358:9,413:12, 455:16acts [3] - 292:24,293:4, 293:8actual [15] - 217:3,226:13, 306:5,311:25, 347:23,366:6, 366:11,367:6, 367:7,413:24, 422:11,422:12, 485:21,486:9actuality [2] - 225:19,283:4add [8] - 204:20,249:21, 373:1,388:14, 388:15,394:19, 484:3added [14] - 188:6,206:21, 345:19,346:18, 388:13,395:25, 396:3,396:10, 403:2,403:5, 414:12,414:15, 414:16,482:8Addendum [2] -401:13, 401:18adding [1] - 248:23addition [4] - 261:22,401:11, 412:24,414:22
additional [37] -188:7, 200:2,206:20, 210:4,210:8, 216:19,226:21, 248:24,249:13, 249:19,249:21, 254:22,256:9, 258:20,280:22, 292:18,333:2, 350:4, 350:5,350:10, 350:12,354:13, 377:22,383:19, 384:7,387:10, 397:11,397:14, 398:23,399:1, 400:22,403:2, 403:19,428:16, 446:16,446:20, 484:4additions [4] - 300:10,394:17, 403:8,403:23address [10] - 189:21,260:21, 270:8,293:25, 296:20,296:21, 334:2,363:5, 393:17,393:18addressed [1] -401:12addresses [3] -258:22, 292:6,454:25addressing [3] -242:7, 270:18, 412:1adequate [1] - 184:5adequately [1] -182:13adjacent [8] - 204:19,204:20, 205:5,406:4, 406:7,406:20, 406:21,409:10adjourn [2] - 497:11,498:2adjusted [1] - 410:23adjustments [1] -290:7administered [3] -260:16, 296:16,393:10Administration [2] -457:8, 458:1Administrative [4] -222:22, 242:7,268:14, 268:16admission [2] -242:23, 243:3admit [3] - 300:22,346:2, 404:2
4admitted [12] - 243:6,263:2, 299:19,325:13, 345:23,347:19, 364:9,404:4, 428:1,428:19, 428:22,429:2admitting [1] - 346:22adopt [1] - 262:18advance [2] - 245:3,409:12advantage [1] -198:21advent [1] - 291:15adverse [6] - 226:3,226:25, 227:4,227:6, 469:10,479:16advice [1] - 365:19advise [1] - 469:6AECOM [1] - 463:15aerial [2] - 368:14,390:22affect [12] - 228:16,246:9, 321:10,339:5, 367:14,368:21, 388:22,389:2, 412:22,413:14, 456:17affected [13] - 244:5,245:3, 245:9, 246:8,312:19, 313:5,313:7, 313:12,313:14, 364:17,388:12, 444:4, 445:4affecting [2] - 341:6,478:15affects [1] - 388:10affiliates [2] - 239:23,250:24afforded [2] - 199:20,475:2afternoon [6] - 320:6,320:7, 324:20,324:22, 365:12,365:14Ag [3] - 298:12, 360:6,361:16ag [3] - 341:8, 343:5,478:17agencies [12] - 204:8,204:10, 206:4,207:13, 215:15,215:17, 216:6,245:10, 386:6,395:18, 423:23,454:23agency [39] - 204:10,204:15, 215:14,215:23, 216:7,
008997
216:10, 232:9,234:8, 236:25,237:2, 246:1,271:22, 400:21,401:16, 401:21,402:2, 402:4,423:14, 423:16,423:20, 423:25,424:15, 424:18,424:23, 425:1,429:14, 431:15,432:17, 433:14,434:6, 434:19,435:1, 438:14,492:22agency-to-agency [5]- 423:16, 423:20,423:25, 424:15,424:23aggregate [1] - 350:20ago [2] - 280:12, 296:7agree [40] - 186:20,190:16, 226:1,229:20, 241:11,275:2, 275:4, 275:5,279:11, 320:18,320:21, 322:2,322:13, 323:22,334:20, 334:23,335:1, 335:5, 335:8,335:11, 335:14,335:25, 336:12,336:16, 336:25,338:18, 339:1,339:4, 377:17,390:25, 425:21,428:5, 433:5,440:21, 453:9,455:3, 455:24,457:6, 479:4, 479:11agreed [2] - 223:10,239:7Agreement [1] -167:13agreement [20] -183:14, 222:7,222:8, 222:12,222:15, 222:16,222:17, 222:18,222:20, 230:10,246:10, 246:13,246:15, 250:19,251:5, 254:21,302:15, 323:24,357:18agreements [11] -208:19, 246:4,246:7, 248:13,249:22, 252:20,312:20, 312:23,
320:23, 321:7, 322:2agricultural [10] -265:13, 265:15,265:24, 326:16,334:11, 343:4,349:23, 350:24,360:7, 408:18Agricultural [1] -360:17agriculture [5] -341:6, 409:15,409:17, 478:15,491:2ahead [18] - 230:3,263:22, 263:25,294:17, 300:24,327:22, 348:4,378:8, 387:14,391:19, 397:10,406:9, 428:14,462:4, 462:16,475:13, 490:1, 495:3ahold [1] - 497:21Ailts [1] - 162:16air [12] - 271:18,271:20, 271:23,271:24, 272:1,272:11, 272:14,335:12, 335:14,454:14, 465:2,465:23alignment [1] - 396:1ALLAN [1] - 177:9allegation [1] - 253:21allow [7] - 208:19,284:1, 318:6,397:22, 444:22,488:10, 488:14allowed [4] - 343:17,344:23, 415:21,467:7allows [1] - 291:21almost [4] - 197:10,377:18, 481:6,489:16alone [1] - 206:5alter [3] - 412:25,414:1, 414:2alteration [1] - 309:11alternate [2] - 250:3,250:7Alternative [1] -471:22alternative [24] -212:9, 212:11,213:12, 213:14,213:25, 215:9,257:16, 258:19,300:15, 323:25,394:20, 398:23,
471:18, 472:20,472:24, 472:25,473:3, 473:8,473:13, 473:21,473:25, 474:7,474:15alternatives [15] -213:11, 214:23,214:25, 219:14,258:12, 258:16,258:22, 258:23,259:4, 395:1, 399:1,399:7, 472:11,472:21, 473:19amazed [1] - 194:14amended [2] - 296:8,324:23amendment [1] -250:6America [2] - 183:21,205:24American [3] - 200:7,200:14, 415:2American-Indian [2] -200:7, 200:14Americans [1] -200:20amount [4] - 291:23,325:18, 388:3,388:16AN [1] - 162:4analyses [1] - 212:16analysis [43] - 199:15,211:4, 211:5, 211:7,211:9, 211:21,211:24, 212:6,212:8, 212:9,212:10, 212:11,212:12, 212:15,213:12, 213:16,213:25, 215:9,216:3, 226:5, 227:2,238:19, 238:22,249:8, 258:14,258:15, 366:11,398:23, 398:25,399:1, 399:8,447:19, 448:2,448:4, 448:18,448:21, 449:2,449:15, 452:5,466:8, 472:18,474:18, 484:18analyze [3] - 214:24,215:3, 407:23analyzing [1] - 236:25ancestral [1] - 470:16AND [2] - 165:2, 170:2Anderson [1] - 166:3ANDERSON [1] -
176:11animal [2] - 186:15,337:10animals [1] - 426:11announce [1] - 417:24announcements [2] -417:19, 417:22annual [1] - 245:23anomalies [1] - 292:2anomaly [2] - 291:24,373:5answer [63] - 183:6,193:11, 193:20,193:24, 195:14,195:17, 210:15,215:19, 217:25,218:6, 218:11,221:13, 224:23,235:23, 254:12,259:1, 259:3,259:18, 262:13,268:25, 269:8,269:9, 272:2, 283:5,283:12, 284:5,292:10, 292:11,297:23, 307:23,310:20, 311:1,315:2, 318:7,328:22, 328:24,390:10, 397:17,403:25, 405:20,407:22, 407:24,408:1, 411:16,411:17, 411:18,412:5, 418:25,420:3, 421:3,430:16, 441:11,446:8, 449:14,450:20, 461:1,461:5, 462:24,477:9, 479:18,487:23, 494:3answer's [2] - 223:4,371:15answered [17] -259:22, 266:7,270:12, 285:24,285:25, 286:1,288:8, 297:23,310:25, 328:20,357:2, 458:3, 461:1,461:3, 462:23,466:22, 477:21answering [4] -255:22, 403:16,419:10, 419:13answers [10] - 199:17,200:8, 284:14,284:15, 284:21,284:24, 419:16,
5435:14, 443:7, 443:8anticipate [12] -180:14, 183:3,195:22, 197:21,319:8, 321:14,338:21, 358:21,368:21, 389:6,391:24, 392:6anticipated [2] -307:18, 365:2anticipation [2] -180:4, 290:15anyways [1] - 295:25apart [1] - 271:15apartments [1] - 387:5apologize [6] -254:25, 272:19,345:22, 402:10,408:4, 485:14appear [1] - 257:2APPEARANCES [1] -163:1appearing [2] -280:10, 463:7Appendix [2] - 167:17,361:18applicable [11] -212:13, 244:2,279:8, 280:3,379:12, 433:8,444:10, 444:11,457:9, 457:10,457:12Applicant [10] -204:12, 216:12,224:6, 244:1,260:15, 268:21,348:7, 393:8,428:18, 469:20Applicant's [1] -165:21application [2] -356:12, 356:25APPLICATION [1] -162:4Application [65] -164:3, 164:3, 164:4,164:4, 164:5,187:21, 210:17,211:22, 214:8,214:13, 215:16,215:25, 216:2,216:4, 219:13,226:24, 258:21,263:8, 263:12,263:14, 263:23,270:3, 270:4, 270:7,270:8, 270:16,270:18, 270:20,272:1, 272:12,
008998
277:21, 279:19,279:23, 342:3,342:14, 356:14,394:21, 394:24,405:21, 408:6,412:14, 424:11,427:7, 427:24,428:12, 429:8,436:5, 436:6,445:15, 445:23,446:1, 446:5, 446:6,446:17, 458:24,460:15, 461:7,471:21, 472:4,472:9, 473:2,473:11, 474:20,474:23, 475:3Application's [1] -460:1applications [3] -329:16, 333:12,339:25applied [3] - 222:23,333:17, 433:25applies [5] - 431:5,457:13, 457:23,461:18, 481:14apply [14] - 253:7,268:18, 271:17,271:21, 271:24,330:11, 333:7,426:9, 434:7,457:14, 457:17,457:19, 461:15,461:17applying [5] - 329:5,329:12, 433:23,435:9, 457:20appointed [1] - 499:8appraisal [2] - 254:4,254:6appraisals [1] - 254:2appreciate [8] -240:16, 255:19,255:22, 285:4,372:8, 376:6, 393:3,483:13appreciated [1] -462:9approach [3] - 298:19,327:2, 420:7approached [1] -415:16appropriate [17] -193:21, 232:7,232:9, 239:17,322:25, 323:23,324:11, 338:17,343:17, 374:5,376:1, 428:21,
449:16, 458:7,458:13, 459:25,466:24appropriately [1] -421:17approval [1] - 273:10Approval [1] - 164:9approved [2] - 292:6,471:13approximate [1] -359:10April [2] - 400:23,430:10aquatic [3] - 186:17,465:20, 479:2aquifer [4] - 418:2,418:4, 418:12,418:14aquifers [1] - 418:7arbitrarily [1] - 211:12archeologist [3] -232:7, 233:8, 468:7archeologists [1] -414:19archeology [1] -480:11Area [1] - 164:22area [110] - 181:25,182:14, 182:16,186:3, 189:19,190:2, 190:5, 190:8,190:11, 190:14,190:15, 190:21,190:22, 191:21,191:23, 191:25,192:4, 192:10,192:13, 196:9,197:3, 197:24,197:25, 198:7,198:12, 205:23,211:12, 211:13,217:22, 223:8,223:11, 227:23,235:6, 248:22,249:20, 258:20,288:24, 289:17,290:16, 291:2,298:9, 300:7,303:20, 304:5,307:5, 307:6,307:17, 307:25,308:5, 308:8,308:10, 308:13,308:19, 308:25,309:6, 309:8, 310:8,310:9, 310:14,314:23, 317:4,325:19, 332:1,336:17, 336:22,337:7, 350:4,
352:15, 353:16,354:1, 359:17,363:1, 368:23,369:19, 370:21,371:14, 371:21,377:7, 382:18,386:22, 396:13,396:17, 396:21,396:23, 398:21,399:25, 400:3,411:25, 412:17,414:25, 415:9,416:5, 416:14,424:9, 426:18,431:10, 431:11,431:14, 441:9,442:24, 444:16,446:15, 455:10,455:17, 456:18,487:21, 489:11areas [110] - 182:7,182:22, 186:9,186:12, 186:14,186:15, 186:23,186:24, 190:24,191:16, 191:18,194:18, 195:11,198:5, 198:8,198:15, 223:21,223:22, 224:17,227:8, 234:24,234:25, 238:17,248:19, 249:16,276:12, 278:2,278:8, 278:10,278:16, 286:13,286:15, 286:24,287:2, 287:4, 287:5,287:7, 287:9,289:23, 289:24,290:10, 293:11,293:14, 293:16,293:25, 298:7,298:9, 305:4,305:12, 305:13,305:14, 307:10,308:22, 314:19,316:7, 323:11,325:19, 333:21,337:1, 338:3,341:11, 343:7,349:23, 350:24,365:21, 366:2,385:24, 391:24,392:6, 392:7,399:20, 400:1,400:8, 409:10,425:16, 425:17,425:25, 426:1,426:9, 426:11,433:24, 440:17,
440:22, 441:8,446:2, 452:3, 452:7,452:9, 452:12,453:11, 454:3,454:4, 456:10,456:20, 456:21,456:23, 461:16,466:8, 483:18,485:7, 488:12,491:16, 494:5,494:11Areas [1] - 167:9Arends [2] - 166:3ARENDS [1] - 177:9argumentative [2] -259:24, 327:18arguments [1] -240:22arise [1] - 319:9arm [1] - 183:15Army [13] - 165:4,165:5, 165:6, 165:7,165:10, 225:2,225:11, 225:19,235:3, 400:21,423:15, 423:19,424:25arrangements [1] -442:7ARSD [1] - 268:5Arthur [1] - 281:14articles [1] - 463:25articulate [2] - 204:22,257:7articulated [2] -211:10, 469:8artifacts [1] - 415:1aside [2] - 237:21,486:9aspects [5] - 219:3,271:12, 272:24,276:17, 385:1assault [1] - 200:13assemblage [2] -278:2, 452:9assessing [2] - 237:3,264:2assessment [6] -234:16, 235:3,257:17, 258:1,436:3, 436:22assessments [2] -399:13, 491:15asset [2] - 195:24,261:25assets [2] - 183:15,251:3Assid [1] - 166:4ASSID [1] - 177:3assignment [3] -
6436:4, 436:12,436:19assist [1] - 215:16assistance [4] - 282:6,287:24, 433:14,438:14assisted [2] - 284:21,284:23associated [3] -203:13, 232:21,334:15association [1] -480:16Association [2] -163:9, 320:9assume [13] - 185:1,200:16, 221:12,238:2, 252:24,332:15, 365:18,368:7, 371:15,371:20, 433:21,475:21, 486:3assuming [7] -202:24, 206:20,267:7, 333:5, 358:6,430:11, 447:15assumption [3] -221:16, 234:11,430:15assumptions [1] -270:9assurance [1] -443:18assure [2] - 367:19,440:15assured [3] - 366:8,366:12, 367:2at-will [1] - 201:21attached [1] - 499:11Attached [1] - 164:13attachment [1] -361:17attempt [1] - 257:9attempting [1] -464:21attempts [1] - 394:24attention [1] - 423:2attorney [3] - 221:8,405:14, 467:4attorneys [7] - 223:2,284:23, 285:13,285:20, 285:25,286:2, 346:9ATWS [1] - 350:3authorities [1] -233:12authority [5] - 188:4,202:14, 236:20,267:7, 452:23authorized [1] - 218:5
008999
authors [1] - 440:25available [14] -212:17, 213:1,262:21, 266:2,304:5, 392:3,401:14, 404:5,433:13, 440:6,496:7, 497:16,497:18, 497:20Avenue [1] - 163:15averages [1] - 249:11avoid [14] - 186:5,186:6, 195:11,227:1, 227:8,231:25, 326:9,347:18, 395:8,395:10, 395:13,410:19, 494:11avoidance [2] -396:20, 396:21avoided [3] - 226:4,227:5, 278:10avoiding [1] - 182:22aware [62] - 186:14,223:17, 251:23,251:25, 252:3,252:6, 259:9, 277:5,277:22, 277:25,278:1, 286:10,290:8, 291:1,315:10, 320:10,322:9, 322:19,329:13, 329:14,329:15, 331:22,332:7, 333:6, 356:7,356:22, 357:24,367:9, 368:1,369:17, 370:19,371:12, 379:8,398:4, 398:17,398:20, 416:25,417:4, 418:6, 427:5,431:12, 441:2,441:15, 441:19,443:17, 447:19,448:21, 449:2,449:9, 451:3,451:16, 452:9,452:11, 453:3,453:6, 454:2, 461:1,470:20, 474:15,477:12, 483:16,491:23awareness [3] -270:13, 398:9,398:15aye [1] - 200:10
B
bachelor's [2] - 261:4,393:25background [9] -235:14, 261:3,339:7, 342:10,342:19, 342:22,393:24, 456:5, 463:8backyards [1] -228:12Bacon [1] - 166:3bad [1] - 234:11badgering [4] -259:24, 337:22,458:3, 481:3baffles [1] - 381:25Bailey [1] - 165:17BAILEY [1] - 173:3Baker [29] - 163:6,168:4, 168:10,168:16, 169:4,169:9, 169:12,169:15, 171:15,172:12, 173:11,173:20, 175:8,175:17, 178:12,178:23, 179:4,200:5, 231:16,250:11, 256:5,263:3, 263:7, 301:2,301:4, 319:23,378:5, 404:7, 404:12BAKER [36] - 231:16,231:19, 237:6,243:19, 243:22,243:24, 250:13,263:4, 263:6, 265:5,267:21, 268:2,268:5, 268:7,268:17, 269:6,269:10, 270:15,271:2, 301:4, 301:7,306:15, 319:15,319:24, 378:5,378:10, 378:25,404:9, 404:11,416:15, 416:25,419:2, 489:24,490:3, 491:4, 495:22Bakken [9] - 196:3,196:4, 196:6,205:12, 205:14,205:15, 205:16,205:23, 206:1balance [1] - 385:21balancing [1] - 385:18bale [1] - 318:14bales [4] - 318:10,
318:16, 318:23,381:21ball [1] - 184:8ballpark [1] - 414:8bare [1] - 417:14bargaining [1] -302:14barrel [2] - 190:21,190:25barrels [1] - 266:15barrier [1] - 339:5base [2] - 276:23,277:4based [49] - 186:25,188:2, 209:13,209:16, 219:20,231:15, 237:8,243:9, 250:12,260:6, 260:8, 270:3,270:7, 286:13,286:24, 289:20,290:3, 292:17,294:14, 295:15,312:3, 312:16,343:2, 347:20,362:10, 374:1,379:3, 387:11,389:11, 394:18,399:9, 399:15,400:13, 405:18,406:25, 410:5,410:23, 411:11,417:17, 424:21,429:20, 431:9,437:5, 438:16,462:18, 489:20,493:14, 493:20,494:25baseline [2] - 395:14,395:15Basin [1] - 165:10basis [11] - 183:19,200:1, 201:22,208:6, 231:1,245:23, 291:20,399:16, 456:4,456:15, 458:21bat [8] - 426:15,427:18, 429:11,429:23, 431:8,489:10, 489:15,492:17bats [6] - 426:15,426:18, 426:21,487:20, 489:6,492:20battery [1] - 200:13become [5] - 266:24,285:19, 291:15,319:10, 487:7
becomes [1] - 399:24becoming [2] -261:16, 386:16bed [1] - 380:24BEFORE [1] - 162:12began [2] - 261:11,261:13begin [4] - 363:5,400:17, 461:9,461:20beginning [4] -181:22, 185:7,344:10, 443:9begins [1] - 275:10begun [3] - 423:15,423:19, 423:24behalf [3] - 299:8,339:15, 463:5behavior [1] - 201:18behaviors [1] - 201:14behind [1] - 454:25belief [2] - 346:14,368:15belong [3] - 480:15,480:22, 480:24below [2] - 367:25,413:17below-ground [1] -413:17bend [1] - 197:8beneficial [2] -314:19, 318:7benefit [7] - 191:6,200:2, 226:21,240:24, 264:10,324:4, 490:20benefits [2] - 226:1,226:18bentonite [8] - 313:23,314:17, 314:18,314:25, 315:2,315:4, 315:8, 316:23best [22] - 189:20,201:12, 202:8,202:14, 238:18,239:2, 240:13,241:9, 241:16,242:16, 243:7,252:15, 286:5,289:6, 311:16,311:19, 324:13,349:13, 368:15,386:9, 395:1, 456:15BEST [10] - 239:3,239:6, 239:16,241:17, 242:17,242:22, 243:8,252:16, 289:7,324:15Best [5] - 163:8,
7168:6, 168:11,177:11, 177:19bet [2] - 188:11,234:14better [14] - 190:17,190:20, 190:25,191:22, 192:2,259:1, 272:2, 273:1,277:16, 277:18,291:15, 291:19,292:10, 300:18between [26] - 180:12,181:22, 183:11,193:25, 238:21,256:20, 256:21,274:24, 286:23,304:11, 304:20,304:22, 305:16,306:2, 306:8,306:12, 323:1,346:23, 361:1,362:8, 373:21,420:2, 423:22,446:10, 467:20,471:3beyond [12] - 191:25,205:16, 249:6,253:18, 253:19,253:24, 265:2,265:3, 406:19,406:22, 417:13,445:6bid [1] - 340:1bids [1] - 340:1big [2] - 291:16, 376:6biggest [1] - 298:6bike [1] - 400:2bill [1] - 234:5billion [1] - 195:24BIO [1] - 167:17biodegradable [1] -314:9biological [10] -187:11, 394:1,401:3, 404:19,425:2, 447:4, 451:2,451:4, 464:14,482:17biologist [1] - 464:11biology [2] - 451:7,464:23Bird [24] - 163:6,169:19, 169:23,170:4, 170:16,170:20, 171:4,171:9, 171:22,172:4, 172:8,172:18, 173:4,173:8, 173:17,174:3, 174:13,
009000
176:7, 176:17,177:17, 177:22,178:4, 178:16,178:20bird [6] - 278:16,336:5, 426:13,444:4, 452:11, 454:3birds [3] - 426:12,440:18, 487:19bit [19] - 183:23,204:2, 205:9,208:15, 211:8,216:17, 221:20,231:22, 257:8,257:17, 261:2,296:6, 352:4, 352:5,372:19, 390:13,391:15, 393:23,419:12Black [1] - 487:21blocks [1] - 190:23blown [2] - 393:2,448:21blows [1] - 336:6blue [2] - 197:5, 442:2BMPs [2] - 465:1,465:21BO [1] - 401:6bodies [4] - 232:20,315:16, 481:25,482:3body [5] - 224:12,232:16, 232:17,233:1, 402:25bolts [1] - 395:17bones [1] - 232:10boomsma [1] - 176:11Boomsma [35] -163:3, 168:5, 174:7,174:9, 174:13,174:16, 174:18,174:20, 174:22,175:3, 175:5, 175:7,175:11, 175:13,175:17, 175:20,175:22, 176:3,176:7, 176:13,176:15, 176:16,176:19, 177:3,177:5, 177:7, 177:8,177:10, 177:13,177:14, 178:17,178:21, 179:5,246:17, 252:14Boomsma's [1] -496:9boots [2] - 467:23,467:24borders [1] - 475:18bore [4] - 321:6,
321:7, 321:10, 322:6boring [2] - 411:10,418:20boss [1] - 281:25bottom [4] - 305:20,361:1, 377:18, 384:2bought [1] - 463:16boulevard [1] - 486:20bound [1] - 417:12boundaries [2] -200:23, 492:23boundary [2] - 190:8,191:1box [1] - 423:3brand [1] - 183:9breadth [1] - 235:13break [14] - 180:6,180:10, 240:1,240:10, 240:16,241:9, 319:19,325:12, 389:16,414:9, 447:13,447:14, 447:15,480:19breakfast [1] - 380:24breaking [1] - 180:12breaks [1] - 382:10breeding [1] - 440:15Brett [1] - 163:2BRIAN [2] - 170:19,174:12Brian [2] - 162:17,497:9brief [4] - 226:12,358:2, 379:3, 497:2briefly [5] - 231:22,292:20, 297:6,298:4, 481:21brightest [1] - 202:9bring [2] - 232:6,467:11bringing [1] - 330:16broad [2] - 219:6,456:14broken [1] - 201:10brought [1] - 488:19buck [1] - 237:17budget [1] - 297:10build [4] - 201:5,230:10, 302:22,396:9Building [1] - 163:15building [12] - 198:5,294:2, 294:4, 308:9,365:3, 377:23,387:3, 390:4, 390:5,390:7, 390:8, 390:9buildings [3] - 379:9,400:4, 400:8built [9] - 227:24,
228:22, 228:23,229:1, 229:3, 230:5,279:25, 385:5, 487:3Bulletin [1] - 165:11burden [1] - 230:14burial [3] - 232:18,232:21, 233:3buried [2] - 208:10,232:22burn [1] - 390:18bury [2] - 307:25,384:12business [13] -201:22, 202:9,229:19, 229:21,240:19, 260:21,296:19, 296:21,308:9, 310:11,371:8, 380:21,393:16BY [35] - 181:2,210:12, 220:2,231:19, 237:11,239:6, 243:14,250:17, 258:9,259:8, 260:18,263:6, 271:9, 280:9,292:22, 294:19,296:18, 301:7,320:5, 324:19,339:14, 357:9,374:8, 376:10,378:10, 379:7,379:19, 393:12,404:11, 419:9,463:4, 481:23,490:3, 491:7, 495:5
C
calculate [1] - 359:14calendar [2] - 330:19,447:1campgrounds [1] -303:3Canada [1] - 205:20Canadian [4] - 205:17,205:18, 206:15,483:2candidate [1] - 436:14cannot [12] - 193:20,200:21, 226:3,227:4, 227:8,241:20, 316:4,343:5, 400:8,464:20, 483:17,492:4capabilities [1] -250:21
capability [1] - 206:15capacity [5] - 231:5,276:16, 276:17,284:1, 398:16capital [1] - 405:2Capitol [2] - 163:14,163:15Capossela [5] - 165:7,165:8, 496:19,496:22, 497:5CAPOSSELA [6] -170:3, 219:17,260:12, 470:12,480:18, 497:1captured [1] - 317:17carbon [1] - 454:25care [2] - 372:3,483:14career [4] - 198:18,255:7, 439:1, 463:10cares [1] - 387:6carrier [2] - 283:22,285:3cars [2] - 290:22,335:21case [11] - 189:4,201:5, 201:20,248:1, 300:11,321:5, 361:8,422:16, 449:6,466:1, 466:3cases [7] - 202:2,207:13, 208:8,208:9, 254:16,254:17, 360:25cash [1] - 237:25casino [2] - 200:14,202:6casinos [1] - 200:7categories [2] - 407:8,407:19categorized [1] -487:24category [2] - 407:11,427:1cathodic [6] - 196:11,277:9, 277:11,277:13, 277:19,323:12causes [2] - 244:21,244:22census [1] - 489:8center [1] - 181:11Centerline [2] -164:15, 164:21centerline [8] - 368:6,368:10, 373:11,374:11, 376:13,376:22, 376:25,377:19
8CEQ [1] - 212:15certain [24] - 199:25,200:20, 201:10,203:10, 204:5,206:4, 207:19,208:22, 219:3,249:8, 249:14,256:14, 256:16,266:1, 271:25,280:13, 313:19,425:3, 425:21,426:9, 426:11,429:17, 438:20,496:13certainly [37] - 183:20,183:22, 184:7,184:10, 184:11,186:7, 187:2, 188:4,192:8, 201:21,202:3, 202:13,217:7, 230:12,230:18, 232:16,232:19, 235:12,241:20, 242:12,245:1, 246:10,247:10, 251:11,252:1, 265:13,268:13, 347:9,348:16, 391:21,392:4, 400:4,486:11, 486:13,488:22, 489:16,494:4certainty [1] - 439:3CERTIFICATE [1] -499:2certified [1] - 414:20Certified [2] - 499:6,499:19CERTIFY [1] - 499:8cetera [2] - 198:9,370:8CFR [2] - 469:1,470:14CHAIRMAN [59] -162:13, 180:1,188:14, 189:12,189:15, 189:23,191:2, 192:3, 192:6,192:19, 192:24,193:7, 193:9,193:23, 206:11,206:20, 206:23,208:14, 209:2,209:7, 253:14,254:19, 255:10,327:20, 327:23,338:9, 348:22,358:2, 358:16,358:23, 359:8,
009001
359:22, 360:1,360:21, 360:24,361:4, 361:8,361:13, 362:12,362:17, 362:23,363:1, 363:17,364:15, 364:20,365:2, 365:6, 365:9,373:9, 373:15,373:18, 373:20,375:12, 390:7,390:21, 445:9,482:24, 483:6,496:11Chairman [39] - 168:7,168:12, 169:6,169:14, 169:21,170:8, 170:13,170:17, 171:5,171:10, 171:17,172:6, 172:14,172:19, 173:5,173:6, 173:13,173:21, 174:5,174:8, 174:10,174:15, 174:20,175:10, 175:11,175:15, 176:9,176:18, 177:20,178:9, 178:13,178:18, 179:6,220:3, 220:15,231:21, 372:11,373:4, 488:8challenge [1] - 372:1challenges [2] -198:5, 365:20chance [3] - 240:6,240:22, 363:12change [18] - 187:19,224:16, 224:19,248:21, 279:3,279:8, 279:24,298:6, 298:10,304:23, 305:10,306:2, 331:10,332:3, 412:23,413:13, 413:18,469:11changed [8] - 279:4,279:22, 298:8,305:16, 325:18,325:19, 325:20,326:5changes [13] - 298:1,298:4, 298:5,298:14, 298:17,325:5, 325:11,325:14, 325:15,325:17, 345:17,
346:13, 347:15changing [2] - 278:19,413:19Chapter [4] - 167:6,471:21, 472:9, 473:3chapter [3] - 188:25,440:2, 472:4characteristics [1] -425:22charge [2] - 405:8,405:11Charles [2] - 281:7,281:14chart [5] - 189:10,220:10, 359:10,403:1, 419:18check [2] - 250:21,323:12chemical [2] - 316:15,451:14chemicals [2] -316:16, 318:18CHERI [1] - 499:5Cheri [4] - 162:24,180:7, 447:13,499:18Cherokee [1] - 379:23Cheyenne [2] -475:16, 476:5chime [1] - 328:2choice [4] - 217:18,217:19, 328:3,362:25choices [2] - 308:14,472:25chose [1] - 386:9chosen [4] - 193:1,289:19, 340:20,478:9CHRIS [1] - 162:13Chuck [10] - 223:23,224:10, 224:13,224:14, 260:15,260:20, 262:6,281:7, 379:13,411:21CHUCK [3] - 168:15,178:3, 178:22Chuck's [1] - 219:9chunk [1] - 401:19circumstance [4] -232:24, 451:19,477:8, 482:25circumstances [8] -207:19, 207:20,231:24, 254:15,279:11, 319:9,448:14, 455:22circumstantial [1] -455:21
cities [6] - 182:4,182:16, 191:14,369:22, 371:2,399:23citizens [8] - 264:3,264:8, 264:9,270:13, 320:20,322:15, 388:22,483:15city [16] - 189:18,190:5, 190:16,191:20, 191:22,192:14, 192:25,193:2, 195:4,204:17, 204:22,223:17, 293:21,321:19, 371:1,391:21City [12] - 163:8,181:19, 181:25,182:5, 190:6,192:20, 223:12,223:14, 290:21,322:9, 369:4, 392:15CITY [1] - 167:8Civ.15-138 [2] -166:14, 166:16Civ.15-341 [2] -166:17, 166:17civil [1] - 261:5Cl [1] - 167:17claiming [1] - 256:18clarification [5] -218:12, 218:20,304:24, 376:6,428:17clarify [8] - 255:18,302:20, 406:13,407:17, 430:1,430:24, 486:21,491:12Clark [14] - 167:10,167:10, 321:9,321:12, 321:14,321:25, 322:10,322:17, 323:18,324:3, 334:13,334:16, 334:18,373:5Class [12] - 401:9,401:15, 435:20,467:21, 467:23,468:2, 468:3, 468:5,471:4, 471:8,471:10, 471:12classifications [2] -232:18, 334:6Clean [5] - 204:2,218:3, 218:13,476:22, 476:24
clean [3] - 218:14,237:22, 476:22cleaned [2] - 341:9,341:19cleaning [1] - 184:18clear [20] - 183:8,192:24, 216:6,221:20, 254:25,256:4, 345:21,346:13, 382:13,388:2, 402:2,416:17, 425:7,425:17, 426:1,426:8, 426:11,450:11, 462:15,488:10clearance [1] - 351:10clearances [1] -457:15clearing [2] - 376:2,450:4clearly [4] - 219:15,258:18, 489:14,492:22client [3] - 240:2,240:17, 240:20Cliff [1] - 197:8clip [4] - 190:14,190:18, 190:21,190:25clipped [1] - 191:21close [32] - 181:11,181:15, 181:19,193:13, 194:17,198:10, 198:11,200:10, 200:11,204:18, 274:25,289:16, 290:9,293:19, 321:19,328:10, 328:23,330:25, 338:7,361:7, 364:21,369:18, 370:20,371:13, 373:22,377:11, 378:16,392:6, 392:7, 477:8,487:10closer [6] - 188:7,223:16, 344:15,377:13, 395:13,396:22closest [3] - 390:5,390:7, 390:8Co [1] - 164:6coating [2] - 323:17Code [2] - 287:15,287:20code [3] - 287:20,287:22, 344:1codified [1] - 468:25
9Codified [2] - 244:13,356:10coexist [3] - 493:17,493:22, 494:4coexisted [1] - 228:14collapsing [1] - 314:5colleague [1] - 219:16colleagues [2] -202:22, 349:7collected [1] - 482:17collecting [1] - 445:19collective [1] - 302:14college [1] - 432:3collocating [1] - 395:9colorants [1] - 414:15combination [2] -191:10, 204:25comfortable [1] -193:1coming [7] - 248:4,250:5, 347:25,372:16, 382:12,393:2, 412:6Comm [1] - 167:17commensurate [1] -484:15comment [7] - 214:8,214:14, 215:23,216:1, 338:15,348:24, 475:3commenting [1] -339:25comments [4] - 216:1,338:16, 365:9,401:12Commerce [3] -283:18, 284:3, 284:8commercial [6] -283:2, 283:7,308:12, 334:10,368:24, 385:1Commission [37] -188:20, 219:21,220:18, 220:22,221:2, 221:5,222:19, 230:14,238:6, 239:19,240:23, 242:11,242:18, 250:5,253:5, 258:13,268:13, 285:3,285:8, 289:10,289:11, 293:12,295:25, 297:16,300:4, 300:6, 312:5,312:15, 356:13,357:5, 397:13,400:19, 416:13,433:6, 466:24,482:20, 496:21
009002
COMMISSION [3] -162:1, 162:12,162:15Commission's [1] -420:15Commissioner [80] -168:8, 168:8,168:13, 168:18,169:7, 169:7,169:14, 169:15,169:22, 169:22,170:8, 170:18,171:6, 171:6,171:11, 171:18,171:18, 171:24,172:7, 172:7,172:14, 173:6,173:18, 174:4,174:9, 174:15,175:5, 175:10,175:15, 175:19,176:5, 176:10,177:8, 177:14,177:21, 177:21,178:9, 178:14,178:19, 178:19,179:7, 181:5,188:13, 205:9,206:12, 209:13,209:16, 209:18,210:13, 216:15,217:8, 220:14,221:14, 231:2,231:15, 231:20,237:14, 238:16,243:10, 258:5,258:10, 292:16,292:18, 327:25,328:13, 364:14,368:5, 374:2, 374:9,375:10, 379:3,389:12, 389:20,390:1, 391:4,391:15, 483:11,487:19, 489:19,489:21COMMISSIONER [100]
- 162:13, 162:14,194:4, 194:7,195:12, 195:16,195:21, 196:15,196:19, 196:24,197:1, 197:7,197:13, 200:5,202:16, 202:18,202:20, 205:8,206:9, 255:13,255:15, 255:18,257:11, 257:22,258:3, 286:17,289:14, 290:1,
290:6, 290:14,290:19, 291:3,291:10, 291:23,292:9, 292:15,327:24, 328:1,338:14, 338:15,348:1, 348:5, 349:6,365:12, 365:15,365:18, 365:25,366:17, 366:21,366:25, 367:5,367:11, 367:18,367:23, 368:13,368:15, 368:18,369:3, 369:7,369:10, 369:17,369:25, 370:3,370:6, 370:10,370:13, 370:17,371:5, 371:10,371:18, 372:7,372:10, 372:25,373:8, 387:13,387:15, 387:25,388:6, 388:19,388:25, 389:4,391:17, 445:10,445:11, 483:12,483:21, 484:8,484:12, 484:22,484:24, 485:5,485:10, 486:5,486:11, 487:9,487:14, 487:18,488:6, 489:4, 489:18commissioners [1] -370:8Commissioners [23] -188:13, 194:3,209:10, 210:1,210:2, 243:20,253:13, 282:16,289:13, 295:16,297:6, 327:20,328:9, 338:13,348:21, 358:1,363:22, 372:9,389:22, 392:23,449:12, 482:23,487:17Commissioners' [4] -210:7, 218:4,229:23, 237:8commit [3] - 250:5,344:6, 344:17commitment [3] -248:2, 248:5, 408:7commitments [1] -472:3committed [4] -
322:21, 324:2,351:9, 361:3committing [2] -247:3, 361:5commodities [1] -265:15common [7] - 246:5,246:6, 283:22,285:3, 303:13,323:11, 411:2commonplace [3] -415:8, 487:6, 487:22communicate [4] -204:21, 243:16,244:4, 245:2communicating [1] -422:23communication [3] -204:7, 423:7, 424:18communications [4] -225:24, 245:19,256:15, 256:20communities [27] -182:6, 194:15,194:21, 228:12,245:24, 249:23,250:1, 278:9,293:17, 293:21,310:15, 370:4,370:7, 389:8, 392:7,397:1, 398:24,400:7, 485:1,485:11, 486:6,486:14, 486:17,487:2, 487:3,487:10, 490:21community [26] -186:16, 186:17,202:10, 204:20,228:5, 228:9,228:16, 245:16,249:23, 265:14,265:24, 395:23,399:13, 476:14,477:1, 477:11,477:12, 484:25,485:2, 485:7,485:12, 485:15,485:16, 485:24,486:2, 488:1companies [10] -221:20, 237:20,238:2, 248:8,250:22, 250:24,250:25, 276:19,277:16, 463:12company [48] -182:12, 182:25,183:9, 183:11,183:13, 184:1,
184:7, 184:14,184:20, 188:18,200:9, 200:18,200:21, 201:14,219:11, 219:12,222:7, 229:12,230:5, 233:24,234:11, 236:20,237:17, 238:5,241:18, 250:18,251:2, 253:23,273:21, 278:25,280:17, 280:22,280:25, 284:17,302:5, 302:6,357:15, 357:18,357:22, 396:5,398:17, 415:11,415:16, 432:12,463:13, 463:15,466:19, 486:23company's [2] -196:5, 253:16comparative [1] -215:4compare [4] - 216:3,277:15, 304:15,326:8compared [3] -233:18, 234:10,257:4comparing [1] - 406:2compatibility [1] -458:6compatible [4] -293:13, 386:19,399:10, 493:23compel [1] - 239:19Compel [2] - 240:14,242:19compelled [2] -207:21, 239:14compensate [4] -253:23, 254:11,254:17, 254:20compensation [2] -254:10, 254:23compile [1] - 467:11compiling [1] - 466:16complete [5] - 273:16,402:10, 412:5,434:19, 449:1completed [4] - 273:6,274:14, 297:11,443:10completely [6] -197:21, 320:21,322:16, 358:7,372:5, 455:21complex [2] - 395:5,
10423:6complexity [1] -257:16compliance [15] -279:7, 279:9, 280:2,326:16, 326:18,327:7, 327:13,340:2, 340:4,405:11, 433:7,481:14, 491:9,491:15, 491:17complied [1] - 495:14comply [13] - 207:10,252:4, 279:20,293:4, 293:6,327:15, 443:25,444:9, 457:7,457:25, 459:20,495:7, 495:10complying [2] -470:19, 484:20components [2] -235:11, 404:18Comprehensive [2] -439:16, 440:3comprehensive [3] -255:22, 427:8,462:19compressor [1] -262:16computer [2] - 268:3,421:24conceived [1] - 408:17concentration [3] -278:16, 452:12,454:4concept [1] - 238:23concepts [1] - 441:7concern [12] - 194:13,197:22, 198:2,203:24, 227:9,368:2, 368:18,368:19, 410:14,417:20, 487:20,489:7concerned [6] -194:16, 194:19,194:24, 208:16,277:8, 335:24concerning [3] -202:21, 203:2,372:12concerns [13] -182:13, 204:23,211:7, 322:22,331:22, 395:19,410:18, 429:22,429:25, 453:10,453:20, 469:5,476:23
009003
conclude [1] - 338:8concluded [2] -358:25, 365:11conclusion [14] -267:13, 267:20,267:21, 284:11,284:13, 295:11,360:13, 424:4,424:11, 424:19,438:11, 470:9,493:19, 493:25Conclusions [1] -166:16conclusions [3] -437:17, 437:20,438:24concur [3] - 327:24,348:22, 349:6concurred [5] -182:18, 369:23,386:7, 386:8, 471:13concurrence [3] -182:21, 401:16,401:24concurrent [1] -362:16condemnation [1] -323:24Condemnation [1] -166:18condition [3] - 202:7,248:6, 331:16Condition [1] - 357:19conditions [11] -198:24, 198:25,218:16, 322:17,322:24, 323:24,324:4, 409:18,410:5, 490:25,494:23condos [1] - 387:5conduct [9] - 211:3,212:6, 234:3,235:14, 248:22,344:2, 344:4,417:16, 480:6conducted [11] -213:2, 233:17,254:5, 283:2,380:25, 417:7,451:11, 468:21,490:5, 495:7, 495:9conducting [2] -414:13, 469:1confer [4] - 203:1,240:2, 240:6, 240:17conference [1] -283:11conferring [2] -202:21, 202:23
Confidential [8] -164:7, 164:16,164:17, 164:18,164:19, 164:20,164:23, 165:22confidential [10] -222:22, 222:24,222:25, 239:8,239:10, 239:20,240:19, 253:5, 253:8confidentiality [5] -238:5, 242:7,242:13, 253:2, 253:6confidentially [1] -222:21configuration [3] -304:9, 304:18,376:20configurations [6] -298:6, 304:25,360:4, 366:1, 366:4,376:13configured [1] -206:19confirm [2] - 438:2,482:9confirmation [1] -391:1conflict [1] - 392:20conflicting [2] -189:25, 444:18conflicts [1] - 441:13confuse [3] - 216:25,257:9, 272:21confused [4] - 192:6,214:5, 350:23, 374:5confusing [1] - 346:12confusion [7] -192:18, 272:20,345:21, 347:18,347:23, 348:25,349:2congregate [1] -303:14conjunction [1] -187:14connect [2] - 205:19,205:21connection [3] -290:16, 290:24,291:2connectivity [1] -205:22consequence [18] -186:9, 186:12,186:24, 198:5,198:8, 223:21,224:17, 248:18,248:22, 286:13,286:14, 286:24,
287:2, 287:4, 287:5,287:9, 289:23, 452:3Conservation [3] -167:3, 439:16, 440:3conservation [3] -436:22, 462:19,494:5consider [18] - 187:16,204:4, 211:16,211:19, 227:24,228:4, 228:5,233:13, 239:13,242:11, 255:5,308:12, 405:16,436:2, 459:24,464:9, 464:15,470:18considerably [1] -257:20consideration [6] -238:7, 254:6, 264:3,264:5, 287:7, 323:3considerations [6] -199:3, 211:17,211:20, 385:9,388:7, 389:4considered [10] -211:6, 258:19,321:1, 325:15,407:11, 424:18,472:12, 473:1,474:1, 482:3considering [4] -257:19, 440:18,479:6, 485:24consistent [9] - 257:3,300:3, 441:10,443:15, 460:3,460:11, 460:20,460:23, 462:20consists [1] - 424:15constant [1] - 287:7consternation [1] -193:13constituents [1] -207:22constraint [2] - 186:5,227:9constraints [3] -191:16, 395:6,472:18construct [2] - 330:6,466:19CONSTRUCT [1] -162:5constructed [4] -267:8, 400:9,442:23, 451:18constructibility [1] -403:3
constructing [5] -330:5, 399:19,408:24, 409:7,461:20Construction [1] -228:19construction [79] -184:25, 185:3,185:4, 185:6,185:18, 185:19,246:5, 246:12,247:11, 247:21,248:19, 253:20,261:9, 261:22,273:8, 273:17,274:17, 274:20,274:21, 287:14,297:4, 298:9,301:11, 302:21,302:22, 302:24,303:2, 311:2,311:22, 311:23,311:25, 312:10,312:11, 317:11,329:7, 329:19,330:2, 331:3,332:16, 335:16,342:15, 344:5,344:9, 344:14,349:11, 349:12,351:20, 352:19,354:3, 354:10,358:9, 362:2,365:19, 365:23,366:10, 377:2,377:3, 377:8,382:22, 383:11,393:22, 404:16,404:17, 408:11,408:15, 408:16,408:19, 408:23,411:22, 413:25,414:3, 442:17,443:21, 444:5,456:10, 461:9,485:17, 485:21,485:24consult [10] - 203:1,203:21, 204:1,205:6, 223:2, 232:8,270:1, 310:18,437:1, 492:13consultants [3] -233:21, 233:23,427:15consultation [14] -187:15, 256:15,287:25, 401:1,423:16, 423:20,423:25, 424:3,
11424:15, 424:18,424:23, 434:21,434:22, 469:3consultations [3] -216:11, 457:15,460:5consulted [7] -277:24, 277:25,470:23, 470:24,471:1, 471:2, 492:25consulting [4] -202:21, 202:23,394:3, 432:11consults [1] - 492:24consumer [3] -268:22, 269:23,269:24consumers [12] -263:11, 263:18,263:20, 264:4,264:8, 264:20,266:19, 267:17,268:10, 268:23,269:4, 270:10consumption [1] -315:5contact [10] - 316:15,316:20, 362:6,417:2, 418:13,422:19, 422:24,423:7, 423:11,423:14contain [3] - 187:10,270:20, 278:8contained [2] -403:21, 403:24containing [1] -186:15contains [1] - 186:12contaminate [1] -449:11contaminated [1] -316:14contemplate [1] -254:7contemplated [1] -199:6contemplating [1] -185:21contents [1] - 492:3context [7] - 256:24,309:2, 309:3,309:25, 310:1,405:24, 459:4contiguous [1] -390:16contingent [1] -296:24continue [4] - 233:1,253:16, 293:18,
009004
447:17Continued [15] -165:1, 166:1, 167:1,168:1, 169:1, 170:1,171:1, 172:1, 173:1,174:1, 175:1, 176:1,177:1, 178:1, 179:1continued [2] -266:14, 293:22continues [1] - 366:3continuing [3] -266:21, 285:1, 324:3contract [8] - 201:22,201:23, 202:6,228:18, 284:2,357:21, 357:22,357:24contractor [28] -184:21, 184:22,201:24, 239:9,302:6, 303:17,304:4, 308:5, 310:4,310:23, 311:3,311:9, 311:11,311:16, 315:21,332:21, 332:22,332:24, 333:3,333:9, 341:2, 341:3,345:9, 358:14,380:25, 381:4, 382:5contractor's [4] -236:12, 236:13,303:10, 310:10contractors [11] -201:1, 202:5, 236:9,340:21, 341:1,344:19, 344:20,380:14, 381:2,478:10, 478:11contracts [2] - 236:9contractually [1] -236:14contradiction [1] -270:21contributed [2] -394:21, 397:24contributes [1] -458:17contributor [1] -214:17control [11] - 200:23,201:17, 202:4,202:13, 202:14,203:10, 207:13,342:4, 413:23,491:16, 494:20controlling [2] -442:10, 483:2convention [1] -452:25
conversation [2] -256:11, 257:6conversations [2] -222:14, 460:6convert [2] - 374:16,375:2converted [2] -205:25, 309:7COOK [1] - 174:3Cooke [1] - 167:16cooperating [1] -215:17coordinate [1] -245:11coordinating [2] -297:9, 469:19coordination [8] -204:16, 217:3,245:12, 256:16,256:20, 469:17,488:22, 489:13coordinator [1] -339:23copies [4] - 420:11,420:17, 422:17copy [7] - 239:21,252:20, 259:14,325:25, 326:22,402:20, 421:18CORLISS [1] - 176:14corner [5] - 190:14,190:18, 191:21,440:10, 462:3coroner [1] - 232:10coroner's [1] - 232:25corporate [9] - 189:10,220:4, 220:10,221:19, 223:25,237:24, 239:14,491:13Corporation [1] -185:5corporation [2] -239:12corporations [1] -239:23corps [1] - 225:24Corps [17] - 165:4,165:5, 165:6, 165:7,165:10, 204:7,207:17, 225:2,225:11, 225:15,225:19, 232:9,235:3, 400:22,423:15, 423:19,424:25correct [131] - 180:22,180:23, 187:7,187:24, 192:15,192:22, 192:23,
193:2, 213:10,214:6, 217:12,220:19, 222:9,222:12, 224:8,225:21, 237:18,239:12, 239:13,244:2, 247:12,247:22, 251:13,252:25, 263:9,267:15, 268:8,270:5, 272:13,273:3, 273:18,274:24, 276:13,279:20, 279:21,281:21, 282:3,290:4, 290:20,291:7, 293:10,294:1, 294:22,298:2, 298:3, 299:5,299:8, 299:9,299:21, 300:16,319:23, 319:24,320:12, 320:13,320:16, 320:24,320:25, 321:14,321:16, 321:23,322:7, 322:8, 325:6,325:8, 329:3,329:15, 329:21,331:4, 333:4,333:13, 341:24,342:4, 342:15,342:16, 348:8,359:25, 360:16,360:17, 361:2,361:3, 361:6,361:11, 361:12,362:14, 367:4,369:9, 371:17,372:23, 372:24,374:17, 374:24,375:14, 377:1,377:12, 377:25,378:1, 380:4, 380:5,381:9, 381:10,381:12, 381:13,381:21, 381:22,382:16, 382:25,383:2, 385:7, 385:8,403:13, 413:2,422:21, 428:1,428:10, 429:23,433:3, 436:20,437:15, 437:21,437:22, 446:11,458:24, 460:9,461:10, 461:13,468:2, 468:13,468:23, 469:23,471:19, 499:12corrected [4] - 262:15,
300:11, 348:12,349:4correction [1] - 262:18corrections [5] -300:8, 300:9,300:23, 400:11,403:23correctly [5] - 192:16,360:12, 366:14,382:17, 385:4correlation [1] -373:21Correspondence [1] -164:8corridor [5] - 192:1,331:6, 426:19,438:13, 482:16corrosion [10] - 229:5,229:7, 229:18,276:22, 277:3,277:7, 291:11,291:22, 323:10,323:14cost [6] - 383:10,383:11, 396:6,396:7, 396:9costs [1] - 340:2council [2] - 370:8,391:21counsel [4] - 244:6,416:24, 420:12,471:16counsel's [1] - 230:16counseling [1] - 472:6counties [10] - 245:18,313:8, 364:17,391:10, 391:12,399:2, 406:4, 406:5,406:21, 427:9countless [2] - 495:11country [5] - 184:2,201:5, 201:8, 265:24Country [4] - 407:13,407:15, 407:16,495:15County [3] - 166:21,379:23, 396:16county [16] - 245:18,312:24, 313:1,313:15, 370:8,392:11, 398:5,398:20, 402:6,403:6, 406:6, 406:7,406:20, 406:25,416:1COUNTY [1] - 499:3couple [8] - 180:2,185:22, 260:5,321:21, 362:7,366:10, 367:12,
12428:20course [7] - 210:5,229:16, 245:1,277:21, 335:16,397:15, 439:1court [5] - 188:24,260:16, 296:16,393:10, 421:8cover [12] - 234:16,234:19, 235:7,235:11, 238:3,238:10, 239:8,239:10, 239:20,256:7, 371:20,371:22coverage [1] - 425:2covered [6] - 197:21,257:13, 355:17,371:19, 372:1,382:23covers [3] - 235:9,236:23, 463:17craftsmanship [1] -196:12crane [3] - 447:6,479:15, 479:17CRAVEN [51] -209:17, 210:10,210:12, 219:19,252:13, 259:6,259:8, 260:4,260:11, 280:7,280:9, 284:13,285:18, 286:19,289:3, 339:12,339:14, 343:1,343:18, 343:22,345:14, 346:2,346:8, 349:9, 357:4,364:10, 376:5,376:10, 378:2,386:15, 397:6,397:20, 399:12,403:16, 463:4,464:18, 466:11,467:2, 467:18,468:17, 472:7,474:5, 475:12,475:22, 478:24,481:6, 481:15,495:2, 495:5,495:18, 496:17Craven [67] - 163:4,168:5, 168:9,168:14, 168:17,169:5, 169:8,169:13, 169:16,169:20, 169:24,170:3, 170:6, 170:9,170:11, 170:21,
009005
171:5, 171:10,171:12, 171:17,171:19, 171:23,172:5, 172:10,172:13, 172:15,172:18, 173:8,173:12, 173:13,174:19, 174:21,175:4, 175:8,175:14, 175:18,175:22, 176:8,176:20, 177:10,177:18, 177:23,178:4, 178:8,178:13, 178:17,178:24, 179:5,179:7, 179:8,252:12, 259:5,260:3, 280:5,292:23, 295:21,339:11, 339:15,349:8, 374:3, 463:2,463:5, 466:6,466:13, 466:21,481:4, 496:16create [3] - 344:12,367:9, 450:5created [2] - 282:21,441:3creates [2] - 376:7,410:12credentials [1] - 468:7Creek [6] - 403:13,479:6, 479:7, 482:4,482:11Creeks [1] - 479:7creeks [1] - 482:7CREMER [7] - 289:11,345:20, 346:1,421:23, 422:5,422:10, 497:21Cremer [13] - 162:17,163:10, 170:16,170:18, 170:20,171:3, 171:8,171:13, 171:15,172:11, 173:3,173:16, 345:20Cresbard [1] - 392:8crews [2] - 344:9,344:14crime [6] - 344:7,344:12, 344:17,345:2, 345:3, 345:4criteria [3] - 249:7,256:14, 458:12critical [2] - 187:9,395:11critically [1] - 278:9crop [11] - 246:18,
246:22, 246:23,247:2, 247:5,253:17, 367:14,408:14, 408:25,409:6, 409:18crops [2] - 265:25,331:16cross [49] - 186:23,187:13, 203:9,209:24, 210:4,210:8, 217:17,217:24, 223:19,229:23, 237:7,239:2, 249:3, 249:4,250:1, 258:17,262:22, 292:17,292:18, 301:1,319:23, 321:4,321:8, 334:3,359:13, 359:17,362:10, 374:1,385:12, 404:6,416:5, 418:1, 418:4,433:24, 434:2,447:23, 449:24,452:4, 457:21,469:21, 470:2,475:17, 476:6,476:17, 476:20,478:9, 484:4, 492:7,494:7Cross [140] - 168:4,168:4, 168:5, 168:5,168:6, 168:6, 168:7,168:16, 168:17,168:17, 169:4,169:4, 169:5, 169:5,169:6, 169:12,169:12, 169:13,169:13, 169:19,169:19, 169:20,169:20, 169:21,170:4, 170:4, 170:5,170:7, 170:7,170:12, 170:12,170:16, 170:17,170:20, 170:21,170:21, 171:4,171:4, 171:5, 171:8,171:9, 171:9,171:10, 171:15,171:16, 171:16,171:17, 171:22,171:22, 171:23,171:23, 172:4,172:4, 172:5, 172:5,172:6, 172:12,172:12, 172:13,172:13, 172:18,172:18, 172:19,173:4, 173:4, 173:5,
173:11, 173:11,173:12, 173:12,173:17, 173:17,173:21, 174:4,174:8, 174:13,174:14, 174:14,174:18, 174:19,174:19, 175:4,175:4, 175:8, 175:8,175:9, 175:9,175:14, 175:14,175:17, 175:18,175:18, 175:19,175:22, 175:23,176:4, 176:4, 176:5,176:7, 176:8, 176:8,176:9, 176:12,176:17, 176:17,176:18, 177:5,177:7, 177:10,177:11, 177:11,177:13, 177:17,177:18, 177:18,177:19, 177:19,177:20, 178:4,178:4, 178:7, 178:8,178:8, 178:12,178:12, 178:13,178:16, 178:16,178:17, 178:17,178:18, 178:23,178:23, 178:24,178:24, 179:4,179:4, 179:5, 179:5,179:6CROSS [13] - 181:1,263:5, 271:8, 280:8,301:6, 320:4,324:18, 339:13,357:8, 404:10,419:8, 463:3, 481:22cross-examination [3]- 209:24, 262:22,301:1Cross-Examination[140] - 168:4, 168:4,168:5, 168:5, 168:6,168:6, 168:7,168:16, 168:17,168:17, 169:4,169:4, 169:5, 169:5,169:6, 169:12,169:12, 169:13,169:13, 169:19,169:19, 169:20,169:20, 169:21,170:4, 170:4, 170:5,170:7, 170:7,170:12, 170:12,170:16, 170:17,170:20, 170:21,
170:21, 171:4,171:4, 171:5, 171:8,171:9, 171:9,171:10, 171:15,171:16, 171:16,171:17, 171:22,171:22, 171:23,171:23, 172:4,172:4, 172:5, 172:5,172:6, 172:12,172:12, 172:13,172:13, 172:18,172:18, 172:19,173:4, 173:4, 173:5,173:11, 173:11,173:12, 173:12,173:17, 173:17,173:21, 174:4,174:8, 174:13,174:14, 174:14,174:18, 174:19,174:19, 175:4,175:4, 175:8, 175:8,175:9, 175:9,175:14, 175:14,175:17, 175:18,175:18, 175:19,175:22, 175:23,176:4, 176:4, 176:5,176:7, 176:8, 176:8,176:9, 176:12,176:17, 176:17,176:18, 177:5,177:7, 177:10,177:11, 177:11,177:13, 177:17,177:18, 177:18,177:19, 177:19,177:20, 178:4,178:4, 178:7, 178:8,178:8, 178:12,178:12, 178:13,178:16, 178:16,178:17, 178:17,178:18, 178:23,178:23, 178:24,178:24, 179:4,179:4, 179:5, 179:5,179:6CROSS-EXAMINATION [13] -181:1, 263:5, 271:8,280:8, 301:6, 320:4,324:18, 339:13,357:8, 404:10,419:8, 463:3, 481:22crossed [11] - 187:5,320:15, 340:21,359:13, 359:18,372:13, 372:20,406:4, 418:7, 427:9,
13481:25crosses [5] - 217:11,217:15, 457:1,469:25, 470:5crossing [27] - 223:12,224:20, 321:2,321:13, 321:17,322:5, 323:23,329:13, 334:16,334:19, 340:18,340:25, 359:14,359:23, 372:18,401:24, 402:6,416:21, 448:6,448:17, 449:11,451:8, 475:15,476:4, 478:6, 478:7crossings [19] - 218:2,218:8, 234:23,235:5, 385:23,385:24, 403:4,425:1, 435:13,447:20, 448:3,449:3, 450:2, 451:3,451:10, 457:18,457:19, 476:8crossovers [1] - 362:8CRR [1] - 162:24crude [18] - 183:15,183:24, 183:25,184:2, 206:1,217:23, 244:18,251:3, 264:7,264:12, 264:22,266:14, 266:15,266:18, 266:21,267:2, 270:25, 285:3crush [1] - 448:25crushed [1] - 448:23crystal [1] - 254:25cultivation [1] -408:22Cultural [5] - 164:16,164:17, 164:18,164:19, 164:20cultural [35] - 199:2,204:4, 213:2, 213:8,213:17, 213:21,213:23, 214:6,214:7, 232:2,310:15, 310:23,404:19, 414:17,435:16, 435:17,447:4, 455:24,464:15, 464:16,465:2, 465:24,467:19, 468:12,468:21, 469:1,469:8, 470:16,479:25, 481:10,
009006
490:4, 490:5, 493:3,495:6, 495:12culturally [1] - 233:7cumulative [10] -212:10, 212:12,212:13, 257:16,475:5, 475:7,475:10, 475:23,476:1, 476:10curb [1] - 486:16curious [8] - 212:16,255:24, 290:23,328:5, 358:4, 392:5,463:8, 489:7current [16] - 181:16,190:1, 190:17,190:20, 191:6,193:16, 196:7,198:22, 211:3,261:12, 269:12,269:13, 335:21,396:1, 412:25,472:11customers [1] -283:14cut [4] - 372:4, 372:5,406:23, 426:11cuts [1] - 384:10cuttings [2] - 314:4,314:22cylinder [1] - 372:6
D
daily [1] - 183:19DAKOTA [4] - 162:2,162:4, 162:5, 499:1Dakota [217] - 163:2,163:5, 163:14,163:16, 166:13,167:18, 180:16,182:24, 183:7,186:24, 186:25,187:4, 195:25,198:6, 199:5,200:19, 203:16,203:18, 205:21,214:16, 221:22,221:24, 226:9,226:14, 230:6,234:25, 238:9,239:20, 239:22,244:13, 247:14,248:13, 249:3,249:4, 256:17,257:20, 257:25,258:17, 259:10,263:8, 263:11,264:3, 264:8, 264:9,264:20, 264:23,
264:24, 265:1,265:10, 266:11,266:20, 266:25,267:2, 267:6,267:10, 267:15,267:16, 268:9,269:2, 269:11,269:14, 270:14,271:11, 271:13,274:8, 274:9,275:11, 275:22,276:4, 277:2,277:22, 277:24,279:5, 279:7, 280:2,280:11, 280:12,280:13, 280:14,280:20, 280:22,283:17, 286:13,288:20, 289:17,290:10, 296:23,296:25, 297:4,298:13, 299:17,299:24, 301:11,301:14, 301:20,301:23, 301:24,301:25, 302:1,302:4, 302:9,302:12, 303:1,305:14, 312:19,312:22, 313:16,317:9, 319:7, 320:9,320:20, 321:2,322:6, 322:21,323:6, 324:2, 327:3,329:5, 329:7, 329:8,329:10, 329:11,329:12, 330:3,330:22, 331:7,332:5, 332:6, 332:7,333:24, 339:15,341:23, 344:21,355:10, 356:10,357:11, 357:12,358:16, 358:20,359:18, 359:20,362:5, 368:20,368:23, 369:20,370:21, 371:14,372:12, 372:16,372:22, 379:24,380:1, 380:2, 391:9,396:15, 401:8,405:12, 405:16,406:15, 407:19,407:21, 411:2,411:14, 411:23,414:11, 414:21,421:7, 424:22,427:4, 429:18,431:24, 439:13,439:17, 441:16,
444:1, 444:5, 444:7,444:12, 444:16,444:20, 444:21,445:4, 446:1, 446:3,446:4, 446:6, 452:4,457:1, 457:6,457:25, 460:14,460:17, 463:5,463:9, 465:25,468:2, 468:8,476:15, 476:16,476:21, 478:1,484:13, 487:24,489:17, 490:14,490:18, 492:2,492:10, 492:12,495:15, 495:17,495:25, 496:24,499:7, 499:13Dakota's [2] - 198:23,233:16Dakotan [1] - 217:15DALLAS [1] - 170:11damage [7] - 247:6,247:7, 247:8,247:11, 247:17,291:14, 455:7damaged [1] - 455:25damages [8] - 246:18,246:22, 246:23,247:2, 247:4, 247:7,253:18, 409:5DAN [1] - 173:10DAPL [42] - 164:2,164:6, 164:6,164:21, 167:18,168:2, 169:2, 178:2,178:5, 179:2,183:12, 214:23,214:25, 215:10,215:25, 217:25,219:14, 286:8,298:21, 298:23,299:16, 299:21,299:23, 326:16,342:3, 342:14,342:15, 344:1,344:6, 344:16,346:9, 354:20,356:1, 356:10,363:19, 364:6,394:6, 428:1,464:21, 475:6,475:7, 475:11DAPL-ETCO [1] -183:12DARREN [1] - 170:15Darren [1] - 162:18data [21] - 182:11,192:16, 211:22,
212:19, 212:22,212:25, 213:21,213:23, 214:19,216:19, 220:9,226:22, 256:16,256:23, 257:3,270:8, 390:22,406:24, 445:19,491:15data's [1] - 213:1date [8] - 273:15,278:19, 281:17,419:24, 420:2,420:21, 430:11,461:8Dated [1] - 499:13dated [1] - 297:18day-to-day [3] - 297:8,365:23, 432:20days [5] - 242:19,244:20, 245:3,258:2, 260:5deal [1] - 184:10dealing [8] - 183:1,183:4, 184:4,189:16, 200:17,208:15, 357:22,363:3deals [1] - 189:23death [1] - 244:22December [1] - 446:18decide [4] - 231:25,311:17, 344:22,348:11decided [2] - 240:5,307:15decision [12] - 231:5,288:12, 307:16,312:5, 312:15,340:22, 341:2,349:5, 466:18,466:25, 478:12,493:24decision-makers [1] -466:18decision-making [1] -231:5decisions [1] - 401:25decrease [5] - 485:2,485:7, 485:13,485:15, 486:2decreased [1] -485:12dedicated [2] - 394:3,452:19Deeds [1] - 323:20deep [8] - 319:8,319:9, 319:12,321:4, 321:6, 321:8,321:10, 361:9
14deeper [1] - 384:13default [1] - 446:3defect [1] - 372:5define [11] - 190:22,190:24, 233:9,233:10, 309:19,309:23, 311:19,312:2, 312:19,312:22, 407:16defined [10] - 311:6,311:8, 311:15,330:19, 406:19,407:8, 463:21,481:11, 489:15,492:22defines [1] - 462:3definitely [5] - 195:19,367:23, 367:24,396:6, 396:15definition [16] - 186:8,186:11, 227:7,275:5, 275:7,278:17, 329:23,330:10, 330:11,375:4, 390:20,446:25, 447:1,454:2, 462:11, 470:9definitions [1] - 447:2definitive [1] - 461:8degradation [1] -291:23degrade [3] - 334:21,334:24, 454:11degraded [3] - 335:14,454:8, 454:14degree [4] - 261:4,393:25, 439:3,464:13degreed [1] - 219:10DEJOIA [1] - 178:6DeJoia [1] - 164:14delegation [1] -236:20delineated [1] -431:14deliver [1] - 290:22DELORES [1] - 177:3demand [11] - 263:8,263:19, 265:6,266:3, 268:23,269:18, 269:19,269:22, 282:23,282:24, 283:14demands [2] - 269:23,269:25demographic [2] -199:3, 211:12demographics [1] -211:16demonstrate [1] -
009007
254:13Denied [2] - 165:12,166:21denied [5] - 164:13,333:12, 343:22,467:1, 467:17density [1] - 211:17dents [3] - 291:11,291:13, 291:21deny [1] - 259:14Denying [1] - 166:15Department [3] -277:22, 430:3, 430:5department [6] -195:8, 195:9,235:22, 244:19,278:22, 422:25dependent [2] -186:17, 413:11depiction [1] - 192:21depicts [2] - 351:10,351:22depleted [1] - 186:15depth [15] - 223:8,223:11, 306:5,366:5, 366:6,366:20, 367:6,367:7, 383:2,387:17, 408:6,473:13, 489:12depths [3] - 367:16,367:17, 410:6DERRIC [1] - 173:16describe [7] - 238:18,306:11, 331:25,349:13, 399:4,404:13, 479:22described [4] - 304:8,304:17, 306:3, 360:8describes [1] - 263:8description [10] -258:14, 267:17,268:10, 268:22,269:3, 269:11,305:22, 334:9,365:25, 406:21design [23] - 187:19,206:1, 261:9,261:22, 273:4,273:9, 273:15,273:17, 273:25,274:1, 274:5,274:10, 274:13,287:13, 288:11,288:14, 311:7,311:21, 311:23,312:3, 312:7, 312:9,411:20designated [2] -187:9, 190:4
designation [2] -453:4, 453:10designed [8] - 206:14,273:3, 273:14,273:20, 273:21,279:20, 287:20desktop [2] - 411:4,411:11despite [1] - 293:18destruction [1] -451:21detail [6] - 211:8,251:25, 257:3,299:12, 299:14,391:13detailed [3] - 192:11,192:12, 212:11details [8] - 181:4,182:2, 199:16,292:13, 293:8,303:11, 378:24,455:21detecting [1] - 292:1detection [1] - 323:8determination [13] -223:20, 223:24,309:14, 313:14,344:22, 362:24,401:4, 438:11,452:2, 458:7,459:13, 459:17,493:23determinations [3] -438:5, 439:19,492:19determine [11] -203:3, 238:19,240:7, 308:5,308:17, 308:25,310:14, 345:8,373:21, 446:14,448:19determined [7] -187:18, 232:12,233:8, 233:12,332:9, 332:18,387:18determining [7] -203:4, 250:18,413:2, 413:4,458:13, 459:24,482:14detrimentally [1] -228:16develop [5] - 240:22,241:7, 438:4, 438:5,475:1developable [2] -181:25, 191:25developed [5] - 250:4,
305:6, 305:9,399:20, 486:7developing [6] -294:7, 392:25,396:3, 427:12,437:8, 437:10development [13] -181:24, 182:7,182:13, 182:22,191:16, 191:24,219:5, 261:24,294:9, 399:10,399:24, 487:5,490:22developments [6] -395:21, 407:5,486:8, 487:7, 490:23deviation [1] - 185:15devices [2] - 292:1,413:24Deville [1] - 165:3devoid [1] - 456:4dewatering [2] -317:12, 418:21dialogue [1] - 393:3Diane [1] - 163:8Diane's [1] - 496:11diesel [5] - 264:13,265:14, 265:23,265:25, 267:3difference [15] -210:20, 256:21,257:6, 259:17,304:11, 304:20,304:22, 306:8,306:12, 373:6,376:7, 384:17,467:20, 471:3, 486:4differences [2] -211:1, 346:23different [58] - 182:11,191:13, 200:3,205:25, 206:4,211:13, 214:1,214:2, 216:22,226:7, 228:17,232:18, 250:22,251:22, 256:3,256:6, 257:5, 257:8,257:12, 257:18,257:20, 258:15,258:19, 291:25,305:16, 316:7,321:25, 335:19,340:13, 340:15,346:11, 359:7,365:21, 371:2,382:8, 382:9,383:21, 384:10,384:23, 385:18,
386:8, 388:21,389:2, 398:22,405:18, 414:9,432:13, 433:1,433:2, 433:4,449:22, 449:24,472:9, 483:5,484:17, 487:8difficult [1] - 365:22dig [1] - 351:25digging [1] - 360:10digits [1] - 489:1diminish [1] - 254:14diminishing [1] -489:10diminishment [4] -254:8, 254:11,254:18, 255:4direct [22] - 200:23,201:25, 202:25,211:10, 235:16,262:6, 264:5, 265:4,283:10, 286:2,300:4, 325:4,397:21, 402:14,413:19, 422:24,467:13, 467:14,481:24, 482:2,496:17, 496:24Direct [57] - 164:9,164:10, 164:10,164:11, 164:11,164:12, 168:3,168:16, 169:3,169:11, 169:18,170:3, 170:6,170:11, 170:16,170:20, 171:3,171:8, 171:13,171:15, 171:21,172:3, 172:11,172:17, 173:3,173:10, 173:16,173:20, 174:3,174:7, 174:13,174:18, 174:22,175:3, 175:7,175:13, 175:17,175:22, 176:3,176:7, 176:11,176:13, 176:15,176:16, 177:3,177:5, 177:7,177:10, 177:13,177:17, 178:3,178:7, 178:11,178:15, 178:22,179:3, 394:9DIRECT [3] - 260:17,296:17, 393:11
15directed [1] - 273:1direction [7] - 329:18,364:4, 412:25,418:19, 431:24,466:7, 493:4directional [9] -313:25, 314:2,314:3, 314:4, 314:8,317:13, 317:16,317:20, 317:25directly [17] - 183:1,204:9, 221:7,221:13, 232:10,234:10, 238:10,267:18, 268:11,268:24, 269:4,288:19, 329:15,397:16, 400:9,418:1, 421:1director [5] - 261:16,393:21, 404:15,404:24, 466:14dirt [9] - 315:7,318:20, 318:21,318:24, 351:22,382:1, 483:3, 484:2dirt's [1] - 315:8discharge [15] -218:18, 316:18,317:14, 317:16,318:9, 318:11,318:13, 341:21,359:4, 381:8,418:11, 418:13,418:15, 418:16,449:6discharged [3] -317:9, 319:2, 326:16discharges [1] -317:10discipline [1] - 344:24disciplined [1] -344:20disciplines [3] -344:6, 344:17,348:15disclose [1] - 216:19disclosed [6] -212:14, 227:2,227:11, 254:12,317:15, 334:17discloses [1] - 216:9discover [1] - 310:23discovered [3] -229:7, 276:23, 277:3Discoveries [1] -164:7discoveries [3] -232:1, 232:5, 232:15discovery [16] -
009008
220:14, 220:16,232:4, 244:20,317:9, 317:15,401:11, 418:18,419:11, 419:14,421:7, 421:11,421:13, 421:15,421:22, 474:2Discovery [1] - 165:22discovery's [1] -421:13discrepancy [2] -418:18, 482:6discretion [3] -236:10, 236:11,236:14discuss [11] - 181:3,231:21, 240:7,298:4, 346:4,346:12, 348:2,363:2, 412:10,417:24, 495:23discussed [10] -185:8, 255:25,283:25, 289:20,368:5, 405:19,408:5, 412:11,412:15, 487:20discusses [3] - 408:6,472:1, 472:2discussing [2] -255:24, 395:18discussion [7] -290:15, 290:23,358:3, 370:14,382:14, 420:22,473:5Discussion [1] - 164:7discussions [10] -282:19, 283:10,286:8, 286:10,291:1, 398:22,401:2, 424:25,434:6, 473:12disease [2] - 431:17,492:21Dismiss [1] - 166:15disparaging [1] -292:11displace [1] - 339:2disposal [1] - 317:8dispose [1] - 314:24disposed [3] - 314:18,317:18, 318:4disseminate [1] -278:24dissolved [1] - 208:19distance [15] - 181:22,185:14, 370:23,373:10, 374:15,
375:8, 377:19,379:12, 385:4,388:14, 407:1,484:8, 485:1, 486:1distances [1] - 307:16distribution [1] -270:22district [11] - 359:17,372:23, 423:9,423:13, 442:5,442:8, 442:11,453:14, 453:16,453:20, 493:15District [2] - 442:4,453:7district's [1] - 493:22Districts [1] - 167:6districts [14] - 223:17,321:5, 372:18,439:9, 439:12,439:17, 439:25,440:12, 441:14,441:16, 453:21,462:14, 493:8,493:10disturbance [3] -248:6, 408:12, 414:2disturbed [9] - 308:6,308:14, 308:17,308:20, 310:4,310:6, 310:17,332:1, 488:12ditch [15] - 247:9,307:24, 308:1,308:2, 349:20,349:24, 351:20,351:23, 351:25,352:19, 360:11,383:23, 384:3,384:15, 384:19ditching [1] - 383:25division [2] - 203:21,393:22Division [1] - 277:23DO [1] - 499:8docket [8] - 213:25,221:17, 233:19,252:25, 349:5,421:14, 421:16,444:7dockets [3] - 212:19,214:1, 226:22document [37] -198:24, 198:25,199:1, 212:4,214:17, 215:7,216:9, 216:18,216:21, 217:1,217:2, 221:17,222:24, 223:3,
234:10, 262:2,262:5, 262:7, 262:9,262:19, 298:22,298:25, 299:10,375:7, 394:8,394:10, 394:12,394:14, 421:20,429:12, 436:18,439:21, 440:2,441:1, 445:25,471:11documentation [12] -188:19, 214:1,220:6, 220:7,220:18, 220:22,221:1, 466:9,467:22, 471:5,477:16, 488:3documented [4] -253:17, 429:18,431:11, 447:7documents [9] -222:23, 241:14,340:1, 347:19,421:22, 433:10,433:15, 438:25,439:23dollars [1] - 396:8domain [3] - 354:7,354:8, 354:12domestic [1] - 266:18done [43] - 195:11,210:20, 210:22,212:16, 213:24,233:18, 233:19,234:6, 234:7, 255:1,260:14, 273:5,273:7, 300:13,304:4, 311:20,315:20, 330:7,347:6, 370:11,382:6, 391:25,409:24, 409:25,411:10, 415:14,415:24, 422:23,424:14, 435:22,443:19, 446:16,446:20, 448:2,449:2, 464:21,466:12, 469:20,472:19, 489:8,490:7, 493:4, 496:24door [1] - 377:15DOT [3] - 224:5,277:10, 286:24dotted [2] - 192:2,192:4double [1] - 489:1Douglas [1] - 162:19down [22] - 182:3,
198:2, 203:3,217:20, 229:7,275:1, 311:18,321:6, 352:2, 361:5,361:6, 367:24,379:22, 390:18,391:9, 391:20,403:11, 423:3,486:15, 487:4,487:25, 488:6downstream [4] -261:10, 318:22,413:14, 476:23dozen [1] - 391:7DRA [3] - 165:2,170:2, 496:23Draft [1] - 215:22draft [2] - 263:14,394:12drafted [4] - 282:12,282:14, 419:20,419:21drafting [1] - 404:23drain [9] - 360:8,360:11, 360:14,360:15, 361:1,361:4, 361:10,361:18, 362:3drainage [9] - 360:2,412:17, 412:18,412:22, 413:2,413:5, 413:14,413:16, 413:20draw [1] - 423:2drawing [7] - 305:20,306:19, 350:5,351:13, 360:7,360:12, 360:25Drawing [1] - 167:13drawings [3] - 298:10,351:2, 360:19drawn [1] - 347:19drill [7] - 313:25,314:2, 314:3, 314:4,314:8, 337:13drilling [12] - 314:1,314:22, 317:14,317:16, 317:17,317:20, 318:1,336:1, 336:13,411:10, 418:19drills [4] - 403:2,403:5, 403:19,411:11drinking [11] - 217:10,217:14, 418:5,418:12, 476:9,476:13, 476:14,476:18, 477:1,477:18, 478:2
16Drive [1] - 296:22driveway [1] - 380:20drop [1] - 290:24due [3] - 396:3,420:21, 431:7DUI [1] - 200:13duly [1] - 499:8duly-appointed [1] -499:8Duration [1] - 165:8duration [1] - 354:2during [24] - 201:10,205:16, 241:9,255:1, 257:4,301:10, 310:22,311:6, 317:9,317:10, 330:5,330:6, 335:15,356:13, 380:8,382:22, 408:16,408:18, 408:22,411:23, 413:24,415:19, 482:14,485:21dust [2] - 335:15,454:14
E
e-mailed [1] - 421:1e-mails [1] - 497:23EA [6] - 234:19,234:20, 235:8,437:10, 437:16,446:2EAGLE [1] - 173:20Eagle [2] - 167:16,167:17eared [3] - 427:17,429:11, 429:23early [7] - 311:7,311:21, 311:23,312:3, 312:7, 312:9,323:8ears [1] - 219:17earth [1] - 394:2easement [34] -206:25, 207:5,208:17, 208:18,208:19, 209:1,234:24, 234:25,247:15, 254:21,294:5, 294:7, 294:9,294:12, 323:18,323:21, 331:2,350:6, 350:12,354:4, 354:9, 377:7,382:18, 382:19,382:24, 433:23,
009009
434:12, 434:25,457:18, 457:19,486:10, 486:19,488:24, 489:3Easement [1] - 167:13easements [17] -206:5, 207:2,208:22, 276:13,334:2, 334:3, 334:9,373:13, 387:22,423:10, 434:3,434:9, 457:21,457:22, 458:9,461:16, 487:1easiest [1] - 390:9east [2] - 217:19,406:14East [8] - 163:15,403:10, 406:10,406:11, 407:4,479:8, 482:4, 482:11eastern [2] - 198:6,230:6eat [2] - 315:6, 315:7eating [1] - 315:7echo [1] - 194:13ecological [3] -186:16, 278:9,452:19economic [10] -194:18, 199:3,210:21, 210:23,211:18, 289:17,358:15, 369:19,370:21, 371:14ecosystem [4] - 212:6,212:8, 212:15, 450:3ecosystems [1] -449:24edge [6] - 190:14,190:19, 190:25,191:23, 192:18,196:17editing [1] - 445:20edits [3] - 401:9,401:11, 401:12education [2] - 261:3,393:23educational [3] -342:10, 342:19,342:22edwards [1] - 172:3EDWARDS [18] -169:3, 180:25,181:2, 188:10,253:12, 357:7,357:9, 357:25,379:2, 379:5, 379:7,379:15, 481:21,481:23, 482:22,
496:21, 497:8,497:15Edwards [48] - 162:16,163:10, 164:10,164:15, 168:7,169:6, 169:9,169:13, 169:21,171:21, 172:9,172:17, 173:10,173:15, 175:9,175:18, 176:17,177:19, 178:8,178:18, 178:24,179:6, 180:24,193:21, 193:24,194:7, 198:4,218:21, 218:22,295:22, 296:15,296:19, 296:21,297:13, 298:22,299:20, 320:6,324:20, 343:12,357:10, 363:18,365:13, 372:10,374:9, 386:19,387:15, 481:19,497:14Edwards' [2] - 300:11,343:10effect [13] - 225:3,227:4, 228:2, 228:8,253:2, 388:8, 401:5,413:19, 437:17,437:20, 438:12,487:11, 487:13effects [14] - 225:7,226:3, 226:25,227:12, 227:16,385:6, 401:4,407:23, 438:5,451:25, 454:24,469:9, 469:10,479:17effort [4] - 277:20,442:11, 443:9,443:14efforts [3] - 247:25,310:3, 408:7eight [3] - 202:11,481:25, 482:3EIS [51] - 198:20,199:4, 199:8, 199:9,199:23, 199:24,209:19, 210:14,210:16, 211:2,212:21, 214:12,214:22, 215:20,215:22, 216:15,216:25, 217:5,226:14, 233:15,
233:16, 233:18,234:5, 235:7,235:11, 235:12,236:22, 236:24,237:1, 255:24,256:2, 256:6, 256:8,256:13, 256:21,256:22, 256:23,257:7, 257:8,257:12, 257:13,257:17, 257:19,257:21, 472:24,474:24, 475:1,475:4, 484:15,484:19EISs [3] - 198:18,198:19, 473:5either [12] - 191:17,201:23, 203:10,203:18, 232:9,239:11, 248:1,323:23, 330:18,418:16, 418:19,485:1elaborate [2] - 356:18,356:20Electric [2] - 287:15,287:20electric [2] - 288:23,432:15electricity [1] - 288:21electronic [2] -420:13, 420:14elementary [1] -337:21elements [1] - 199:6elevation [3] - 360:15,361:10, 362:21elevations [2] - 358:10eliminate [3] - 392:19,450:18, 450:19Emails [1] - 165:6embark [1] - 201:19embrace [2] - 400:7,400:8Emergency [1] -249:20emergency [10] -204:21, 244:4,245:2, 245:6, 245:9,245:12, 245:17,245:23, 245:25,249:21emergent [2] - 304:9,304:18eminent [3] - 354:7,354:8, 354:12emission [1] - 272:9emissions [4] -335:15, 335:21,
454:15, 454:25emphasis [2] - 394:1Empire [1] - 387:3employed [5] -200:22, 280:11,280:14, 280:17,281:16employee [5] - 201:24,201:25, 236:13,296:24, 497:17employees [11] -200:6, 200:10,200:12, 201:1,235:15, 283:7,301:16, 302:6,308:10, 344:1,344:19employer [5] - 260:23,280:24, 281:2,281:18, 405:8employer's [1] -493:21employment [2] -201:15, 491:13encompass [1] -348:17encompasses [2] -234:25, 235:5encountered [2] -407:12, 451:2end [14] - 181:23,193:2, 201:16,207:1, 207:6, 295:1,295:6, 295:10,300:17, 358:6,359:1, 359:2,366:18, 367:20endangered [25] -187:10, 199:1,203:23, 204:4,225:3, 338:4,426:25, 427:2,427:23, 433:12,440:19, 444:15,455:9, 455:15,464:9, 464:10,464:12, 464:25,465:1, 465:19,465:23, 467:8,482:15, 484:15,493:3Endangered [8] -432:23, 436:23,444:1, 444:11,455:10, 455:18,484:20, 484:22ended [1] - 188:8ends [1] - 275:9ENERGY [1] - 162:5energy [15] - 196:2,
17201:6, 219:5,264:25, 265:9,265:20, 267:9,269:14, 270:13,270:21, 394:3,405:2, 432:9,432:10, 432:13Energy [20] - 164:6,183:15, 222:2,248:8, 260:24,261:11, 261:13,261:20, 261:21,277:6, 281:1,281:16, 281:18,285:8, 357:15,393:18, 404:25,463:9, 463:14enforce [1] - 218:17enforcement [2] -218:5, 344:3engage [1] - 184:5engaged [2] - 286:8,311:9engine [2] - 335:15,454:14engineer [8] - 182:4,219:1, 219:2,219:10, 261:6,261:14, 281:4,288:10engineering [20] -218:23, 218:24,218:25, 219:10,219:12, 238:21,261:1, 261:5, 261:9,261:12, 261:15,261:22, 280:23,281:21, 281:24,288:15, 291:11,393:22, 404:16,411:20engineers [6] - 195:2,195:10, 281:6,324:8, 392:14,398:24Engineers [11] -204:7, 207:17,225:2, 225:11,225:16, 225:20,235:3, 400:22,423:15, 423:19,424:25enhanced [1] - 249:20enormous [2] - 196:1,196:2ensure [13] - 245:23,249:14, 249:25,267:8, 277:12,279:9, 316:13,318:17, 321:3,
009010
321:9, 323:13,443:14, 469:3ensuring [4] - 340:2,340:4, 405:8, 405:11entail [2] - 404:25,405:4enter [4] - 246:7,246:10, 246:13,251:5entered [7] - 222:8,222:11, 222:13,222:15, 222:16,248:12, 320:23entering [1] - 230:9entertain [1] - 488:24entire [11] - 219:12,307:20, 407:6,425:11, 448:22,461:17, 461:19,463:10, 468:6,490:14, 492:1entirely [1] - 301:23entirety [3] - 184:17,443:4, 457:10entities [6] - 202:22,202:24, 202:25,203:3, 395:20,492:14entitled [7] - 163:14,471:22, 471:25,472:2, 473:14,499:10entity [4] - 183:8,205:3, 442:5, 492:8environment [7] -248:25, 250:1,335:22, 338:1,395:23, 451:8,483:14environmental [35] -189:2, 211:6, 211:9,211:20, 226:3,226:25, 227:4,227:17, 227:21,227:25, 233:17,234:16, 235:2,238:22, 341:3,385:10, 393:21,404:15, 404:18,404:19, 404:24,405:1, 405:10,427:15, 447:4,466:14, 466:15,472:18, 482:14,483:16, 483:20,483:22, 483:25,484:6, 484:12Environmental [10] -163:4, 198:13,211:4, 226:2, 226:9,
259:10, 339:16,435:22, 463:6,474:14environmental's [1] -307:16environmentally [1] -289:24EPA [2] - 214:13,214:16equal [2] - 474:24,475:1equals [1] - 475:4equipment [4] -249:22, 311:17,311:18, 349:20erosion [2] - 413:23,484:2error [4] - 262:14,272:19, 348:8,370:25essential [1] - 199:6established [2] -285:11, 466:1establishes [1] -285:9establishing [3] -310:23, 400:2,459:10estimated [6] -267:17, 268:10,268:22, 268:23,269:3, 269:12estimates [2] - 318:3,358:18et [2] - 198:8, 370:8ETCO [1] - 183:12ethanol [1] - 290:22evaluate [3] - 215:10,215:13, 395:1evaluated [3] - 234:20,234:22, 475:6evaluating [1] - 340:1Evaluation [3] - 167:6,167:7, 471:25evaluation [8] -210:20, 210:22,250:23, 469:7,474:12, 474:17,484:19, 491:25evaluations [1] -253:25evening [1] - 498:2event [4] - 184:18,237:25, 245:24,250:3evidence [5] - 230:17,293:21, 348:5,348:6, 475:21evident [1] - 266:20exact [11] - 212:1,
212:24, 259:15,273:6, 273:15,275:23, 280:13,288:3, 288:5,330:24, 375:4exactly [14] - 195:15,305:2, 316:22,318:4, 326:5, 344:4,355:22, 356:17,356:19, 356:23,375:1, 431:4,477:10, 491:12exaggeration [1] -391:8EXAMINATION [35] -181:1, 210:11,220:1, 231:18,237:10, 239:5,243:13, 250:16,258:8, 259:7,260:17, 263:5,271:8, 280:8,292:21, 294:18,296:17, 301:6,320:4, 324:18,339:13, 357:8,374:7, 376:9, 378:9,379:6, 379:18,393:11, 404:10,419:8, 463:3,481:22, 490:2,491:6, 495:4examination [3] -209:24, 262:22,301:1Examination [338] -168:3, 168:4, 168:4,168:5, 168:5, 168:6,168:6, 168:7, 168:7,168:8, 168:8, 168:9,168:9, 168:10,168:10, 168:11,168:11, 168:12,168:12, 168:13,168:13, 168:14,168:16, 168:16,168:17, 168:17,168:18, 168:18,168:19, 169:3,169:4, 169:4, 169:5,169:5, 169:6, 169:6,169:7, 169:7, 169:8,169:8, 169:9, 169:9,169:10, 169:11,169:12, 169:12,169:13, 169:13,169:14, 169:14,169:15, 169:15,169:16, 169:16,169:18, 169:19,
169:19, 169:20,169:20, 169:21,169:21, 169:22,169:22, 169:23,169:23, 169:24,169:24, 170:3,170:4, 170:4, 170:5,170:6, 170:7, 170:7,170:8, 170:8, 170:9,170:9, 170:11,170:12, 170:12,170:13, 170:13,170:16, 170:16,170:17, 170:17,170:18, 170:18,170:20, 170:20,170:21, 170:21,171:3, 171:4, 171:4,171:5, 171:5, 171:6,171:6, 171:8, 171:8,171:9, 171:9,171:10, 171:10,171:11, 171:11,171:12, 171:12,171:13, 171:13,171:15, 171:15,171:16, 171:16,171:17, 171:17,171:18, 171:18,171:19, 171:19,171:21, 171:22,171:22, 171:23,171:23, 171:24,172:3, 172:4, 172:4,172:5, 172:5, 172:6,172:6, 172:7, 172:7,172:8, 172:8, 172:9,172:9, 172:10,172:11, 172:12,172:12, 172:13,172:13, 172:14,172:14, 172:15,172:15, 172:17,172:18, 172:18,172:19, 172:19,173:3, 173:4, 173:4,173:5, 173:5, 173:6,173:7, 173:7, 173:8,173:8, 173:9,173:10, 173:11,173:11, 173:12,173:12, 173:13,173:13, 173:14,173:14, 173:15,173:16, 173:17,173:17, 173:18,173:20, 173:21,173:21, 174:3,174:4, 174:4, 174:5,174:7, 174:8, 174:8,174:9, 174:9,
18174:10, 174:10,174:11, 174:13,174:13, 174:14,174:14, 174:15,174:15, 174:16,174:18, 174:18,174:19, 174:19,174:20, 174:20,174:21, 174:22,175:3, 175:4, 175:4,175:5, 175:5, 175:7,175:8, 175:8, 175:9,175:9, 175:10,175:10, 175:11,175:13, 175:14,175:14, 175:15,175:15, 175:17,175:17, 175:18,175:18, 175:19,175:19, 175:20,175:20, 175:22,175:22, 175:23,176:3, 176:4, 176:4,176:5, 176:5, 176:7,176:7, 176:8, 176:8,176:9, 176:9,176:10, 176:11,176:12, 176:13,176:15, 176:16,176:17, 176:17,176:18, 176:18,176:19, 176:19,176:20, 176:20,177:3, 177:5, 177:5,177:7, 177:7, 177:8,177:8, 177:10,177:10, 177:11,177:11, 177:13,177:13, 177:14,177:14, 177:17,177:17, 177:18,177:18, 177:19,177:19, 177:20,177:20, 177:21,177:21, 177:22,177:22, 177:23,177:23, 178:3,178:4, 178:4, 178:7,178:7, 178:8, 178:8,178:9, 178:9,178:10, 178:11,178:12, 178:12,178:13, 178:13,178:14, 178:15,178:16, 178:16,178:17, 178:17,178:18, 178:18,178:19, 178:19,178:20, 178:20,178:21, 178:22,178:23, 178:23,
009011
178:24, 178:24,179:3, 179:4, 179:4,179:5, 179:5, 179:6,179:6, 179:7, 179:7,179:8, 179:8example [8] - 207:15,207:23, 227:10,233:2, 249:17,323:1, 389:7, 439:4examples [4] - 204:17,233:6, 309:12,309:13excavate [2] - 307:25,372:2excavation [2] -411:24, 413:21except [5] - 194:11,213:2, 262:14,316:20, 472:12exception [1] - 408:8excess [1] - 237:21excessive [1] - 412:23exclude [2] - 246:1,395:13excluded [1] - 482:4excuse [6] - 209:20,249:24, 366:4,388:1, 402:23, 416:9excused [1] - 495:20executed [1] - 216:22executes [1] - 292:14execution [1] - 219:4executive [1] - 460:3Executive [1] - 211:4exercised [1] - 236:10exhaustive [2] - 436:9,436:24Exhibit [46] - 164:4,164:4, 164:5,165:14, 165:15,165:16, 165:16,165:17, 165:17,165:18, 165:18,165:19, 165:19,165:20, 165:20,165:21, 190:3,191:7, 196:20,242:23, 243:3,262:3, 262:12,262:24, 262:25,297:20, 298:21,299:18, 299:25,327:4, 363:19,369:4, 374:6, 404:2,421:19, 428:7,428:11, 428:18,429:5, 429:7, 440:5,441:23, 462:1exhibit [18] - 262:23,300:22, 306:21,
347:3, 363:14,363:16, 368:8,369:4, 373:10,374:14, 374:22,375:10, 394:5,420:9, 421:17,428:22, 429:1, 436:9exhibits [9] - 214:8,325:18, 364:11,376:12, 420:16,420:18, 420:20,421:1EXHIBITS [8] - 164:2,165:2, 165:13,166:2, 167:2, 167:8,167:12, 167:15Exhibits [8] - 164:3,164:10, 164:12,164:13, 165:14,165:15, 166:6, 166:7exist [4] - 279:18,409:15, 453:20,482:15existence [2] - 356:10,490:6existing [5] - 253:4,279:19, 360:11,361:9, 362:20exists [3] - 411:5,442:25, 451:9expand [2] - 380:19,390:12expanded [1] - 227:23expect [6] - 196:12,246:7, 246:12,303:1, 316:3expectation [4] -196:5, 196:8, 196:14expectations [2] -201:1, 202:15expected [6] - 270:23,294:10, 302:3,307:17, 408:19,408:25experience [34] -182:25, 183:3,183:9, 183:17,183:20, 183:24,184:2, 184:5,198:20, 208:4,219:4, 261:7,291:11, 293:17,299:12, 299:14,343:13, 343:18,369:13, 380:7,380:8, 386:23,391:18, 394:3,399:9, 400:6, 424:9,438:10, 438:17,442:22, 443:1,
464:11, 486:23,493:14experienced [6] -183:3, 255:7, 276:8,276:10, 485:16,485:21experiences [1] -244:18expert [26] - 256:18,284:4, 313:25,343:3, 343:12,343:19, 343:20,367:16, 383:15,385:13, 399:12,449:13, 464:2,464:10, 464:19,464:20, 464:23,465:7, 465:8,465:11, 465:13,466:2, 466:16,466:20, 467:14Expert [1] - 165:7expertise [9] - 184:5,184:13, 293:10,334:4, 343:6,411:25, 416:13,416:14, 465:14experts [8] - 187:1,187:2, 187:16,188:3, 465:4,466:17, 467:9, 495:9expire [1] - 295:6expires [2] - 279:1,295:11explain [18] - 192:9,211:8, 256:9,272:12, 285:6,307:14, 307:24,310:9, 313:23,319:6, 323:8, 351:9,356:9, 356:18,372:19, 383:25,412:20, 482:6explained [1] - 416:12explaining [1] -236:23explains [3] - 438:3,471:23, 473:15explosion [1] - 244:21exposure [1] - 315:5express [1] - 368:2expressed [2] - 344:3,369:22expression [1] - 276:3extend [5] - 253:18,253:19, 253:22,253:24, 425:11extensive [7] - 299:12,299:14, 343:13,452:20, 463:17,
464:11, 465:16extent [7] - 181:24,228:24, 242:11,284:10, 357:17,453:2, 470:8external [1] - 323:17extra [3] - 218:5,307:22, 323:17extraterritorial [1] -218:15
F
faced [1] - 442:3facilities [4] - 261:10,267:8, 308:11, 408:9facility [10] - 263:9,263:19, 267:18,268:11, 268:24,269:4, 271:18,282:23, 282:24,413:17Facility [1] - 164:5FACILITY [1] - 162:5facing [1] - 441:17Fact [1] - 166:16fact [23] - 243:16,255:4, 256:21,257:7, 285:23,297:15, 306:5,343:2, 361:20,362:20, 380:17,384:16, 399:6,400:13, 405:21,413:18, 417:1,417:4, 417:10,417:17, 456:21,478:13, 486:15factor [2] - 254:21,486:9factors [5] - 203:6,205:1, 289:20,413:1, 413:4facts [3] - 217:5,230:16, 475:21factual [1] - 456:4failed [2] - 308:9,466:6failure [1] - 252:3fair [6] - 233:25,293:3, 293:7, 331:2,465:5, 488:5fairly [5] - 246:4,299:12, 299:14,415:8, 488:3FAITH [1] - 173:20faith [1] - 194:12fall [5] - 253:4, 276:1,276:2, 330:18, 427:1
19falls [2] - 290:22,494:22FALLS [1] - 167:8Falls [48] - 163:8,164:22, 164:23,181:7, 181:15,181:19, 182:1,182:3, 182:5,189:19, 190:6,190:19, 192:20,194:22, 196:20,197:3, 197:4,197:10, 197:15,223:7, 223:13,223:14, 227:23,242:23, 243:3,249:17, 249:18,258:20, 290:18,291:2, 296:22,322:9, 322:15,340:7, 368:12,369:5, 369:12,370:24, 371:2,386:2, 386:25,387:4, 388:13,392:9, 392:15,396:13, 396:16,398:2familiar [41] - 186:8,186:11, 211:2,218:3, 218:14,218:15, 218:19,226:18, 248:18,251:9, 276:22,276:25, 283:20,286:6, 293:3, 293:5,294:20, 294:23,306:10, 323:18,323:21, 331:20,365:19, 414:4,416:4, 416:8,416:20, 432:23,439:1, 439:8,439:11, 452:14,452:16, 452:24,452:25, 458:12,474:6, 477:24,479:20, 480:10,481:7familiarity [1] - 284:18family [2] - 201:7,303:4far [18] - 180:10,229:22, 230:8,230:20, 266:11,335:23, 343:11,347:8, 375:1,380:10, 391:13,394:19, 395:2,434:18, 442:9,
009012
484:6, 485:23, 486:9farm [2] - 314:23,351:11Farm [1] - 166:21farmed [1] - 318:6farmer [4] - 361:24,362:6, 362:17, 368:1farmers [2] - 318:7,341:17farming [4] - 191:17,314:19, 314:20,314:21farms [4] - 228:13,341:13, 341:15,432:15farmstead [5] -200:16, 364:25,374:20, 390:1,390:20farmsteads [6] -193:14, 193:18,363:4, 363:10,364:18, 364:21fashion [2] - 240:23,291:25fast [2] - 353:10, 389:8fastest [1] - 194:21father [1] - 390:15father-in-law [1] -390:15feasibility [1] - 404:17feasible [1] - 362:3feat [1] - 396:5feature [3] - 186:1,186:7, 209:3features [1] - 484:4Federal [5] - 216:22,285:2, 285:8, 430:9,430:22federal [38] - 188:23,199:8, 204:10,204:13, 204:15,215:14, 215:15,216:6, 216:7,216:10, 216:20,217:6, 226:16,236:24, 237:1,237:21, 256:21,257:4, 257:7,257:12, 257:17,257:21, 259:11,278:19, 279:3,279:20, 294:21,295:6, 425:1, 427:8,432:17, 435:1,438:14, 454:2,454:23, 484:16,494:11federalized [5] -215:18, 216:4,
216:5, 256:13federally [2] - 203:23,427:23feedback [1] - 395:19feedlots [1] - 365:3feet [80] - 185:17,231:23, 298:8,305:3, 307:5, 307:6,329:2, 331:3, 350:2,350:5, 350:7,350:10, 350:12,350:13, 350:19,350:20, 350:21,350:24, 351:15,352:3, 352:6, 352:7,352:14, 352:15,352:16, 353:4,353:5, 353:12,353:25, 361:5,361:6, 361:25,362:1, 362:11,363:7, 363:25,366:17, 367:2,367:3, 367:13,368:6, 368:9,368:25, 374:10,374:12, 374:15,374:17, 374:18,374:21, 374:25,375:3, 375:8,375:18, 376:8,376:13, 376:14,376:16, 376:21,376:24, 376:25,377:7, 377:13,377:14, 377:17,377:20, 377:22,377:24, 383:13,383:17, 383:18,383:19, 383:22,384:12, 448:24felons [2] - 235:17,235:21felt [2] - 191:22, 200:8fence [1] - 408:15FERC [3] - 285:8,286:5, 286:9few [10] - 188:14,198:12, 243:12,250:15, 296:2,362:4, 396:14,400:13, 443:13,485:19fewer [4] - 386:14,388:22, 389:2fewest [4] - 388:8,388:11, 388:13,388:16field [12] - 334:4,340:5, 344:15,
351:11, 361:24,362:10, 393:24,399:10, 404:23,438:15, 466:20,467:24fifth [6] - 305:15,305:16, 306:15,306:16, 306:19,307:1fight [1] - 211:15figure [7] - 309:13,315:21, 358:14,364:16, 390:22,392:5, 414:8file [9] - 188:19, 206:3,223:1, 244:19,253:7, 421:25,422:6, 422:7, 422:15filed [30] - 189:16,190:3, 190:6, 191:2,191:3, 192:20,221:17, 292:6,295:22, 296:7,296:8, 298:2,298:13, 299:7,347:12, 347:17,373:10, 419:25,420:2, 420:16,420:18, 420:19,420:21, 421:12,421:13, 421:16,422:9, 422:11,446:17files [1] - 242:20filing [6] - 242:13,252:24, 269:15,269:16, 300:4,420:20fill [5] - 378:15,378:17, 384:15,384:19, 412:23filter [3] - 318:17,318:21, 318:23filtered [2] - 318:9,318:15final [12] - 185:20,223:20, 223:24,224:8, 224:9,228:20, 250:3,288:12, 344:22,429:19, 466:9, 496:4Final [1] - 166:13finally [1] - 289:2findings [1] - 401:16Findings [1] - 166:16fine [4] - 304:15,339:18, 375:16,480:20Fines [1] - 166:4Fines-Tracy [1] -
166:4finish [1] - 195:25finished [3] - 187:25,319:23, 481:6fire [1] - 244:21first [28] - 194:14,230:5, 230:7,234:17, 245:13,245:16, 268:21,308:14, 321:3,345:23, 346:2,348:25, 349:2,349:18, 351:7,351:8, 351:10,366:3, 383:15,383:22, 387:12,388:15, 389:25,400:21, 409:6,495:17, 495:25,496:23fiscal [4] - 295:1,295:7, 295:10fish [13] - 187:15,335:6, 336:16,336:22, 337:1,337:7, 434:2, 436:2,448:19, 454:12,455:3, 455:7, 457:21Fish [40] - 167:4,167:5, 187:12,203:14, 203:21,204:11, 234:15,234:18, 234:24,235:6, 235:8,277:23, 331:22,334:2, 334:8,400:25, 422:19,423:1, 423:5,423:16, 423:20,436:3, 445:23,458:7, 458:15,459:14, 459:19,459:21, 459:23,460:3, 460:19,460:22, 461:2,461:6, 462:19,462:24, 489:13,492:23, 493:24,494:5fit [3] - 266:5, 266:12,465:8fits [1] - 439:4fitting [1] - 462:13five [10] - 183:23,244:21, 276:4,288:4, 305:19,358:20, 360:4,366:1, 410:6, 480:18Five [2] - 167:5, 167:7Five-Year [2] - 167:5,
20167:7fixed [1] - 185:23FLO [1] - 173:10flow [5] - 188:17,189:10, 412:25,413:6, 451:23flows [2] - 412:21,451:22flushes [1] - 314:4flustered [1] - 480:17focus [1] - 202:8focused [1] - 303:8folks [4] - 200:17,392:11, 392:14,466:17follow [14] - 191:1,197:7, 197:8,211:19, 232:4,236:16, 236:18,242:9, 244:24,244:25, 249:5,258:10, 372:11,417:21follow-up [1] - 258:10followed [1] - 222:23following [10] - 182:2,191:11, 209:18,237:14, 276:20,277:5, 306:7, 331:2,442:4foot [8] - 306:3, 351:9,361:1, 376:19,378:17, 384:17,425:9, 486:25footprint [8] - 305:10,307:8, 376:14,376:22, 376:25,377:2, 377:3, 377:21FOR [1] - 162:4force [1] - 310:11forecast [1] - 270:9foreign [1] - 266:16foreman [1] - 344:5foresee [1] - 185:15forested [19] - 298:7,298:9, 304:10,304:12, 304:19,304:21, 305:12,305:13, 307:10,325:19, 325:20,352:11, 352:20,352:22, 352:23,353:19forget [1] - 303:15forgotten [1] - 393:2Fork [8] - 403:10,403:11, 475:16,476:4, 479:8, 482:5,482:11Forks [1] - 205:23
009013
form [11] - 199:8,204:6, 222:20,247:5, 248:25,297:16, 374:23,436:4, 436:12,436:19, 473:4formal [1] - 424:14format [5] - 199:23,200:3, 214:21,226:7, 256:3formation [6] -261:24, 280:13,280:16, 410:10,410:11, 418:2formed [2] - 183:10,280:12forming [2] - 436:10,438:1forms [1] - 314:1forth [3] - 423:22,424:17, 466:2forthright [1] - 253:15forthrightly [1] -259:22forward [2] - 300:20,347:22foundation [9] -268:19, 343:11,346:7, 346:8,416:15, 429:24,456:5, 456:14,470:11four [8] - 194:8,202:11, 261:6,261:18, 281:4,351:2, 366:3, 414:2four-state [1] - 261:18fourth [2] - 304:8,304:17fragment [1] - 450:2frame [8] - 241:22,272:10, 274:12,274:14, 300:3,332:19, 409:19,446:19framework [1] -248:23frequently [1] - 291:12Frequently [1] -470:15FREY [3] - 168:15,178:3, 178:22Frey [18] - 164:10,164:13, 188:3,218:22, 223:23,224:10, 238:18,260:15, 260:20,262:6, 265:5, 268:8,280:10, 281:7,281:14, 289:14,
411:21friends [1] - 303:4Fringed [1] - 167:7front [11] - 196:16,228:12, 244:12,262:2, 297:20,363:20, 377:15,394:5, 431:3,477:22, 480:5Ft [1] - 477:19fuel [6] - 264:13,265:13, 265:14,265:23, 265:25,267:3fuels [1] - 265:12fulfill [1] - 265:20fulfilled [1] - 267:11fulfilling [2] - 417:10,458:17full [9] - 246:24, 280:2,301:15, 349:18,351:1, 360:7,393:13, 448:21,491:25full-blown [1] - 448:21fully [4] - 196:12,240:23, 241:8,412:11function [2] - 297:2,494:10fund [2] - 237:20,237:23fundamental [1] -395:2funding [1] - 203:12fungible [1] - 267:3future [26] - 181:25,182:7, 182:22,191:18, 191:24,249:19, 250:4,253:23, 267:17,268:10, 268:23,269:3, 270:10,270:13, 279:15,290:16, 368:20,368:22, 368:24,389:5, 389:6,395:20, 486:5,490:22, 490:24
G
G-O-U-G-E-S [1] -291:7gallons [8] - 244:21,315:25, 316:5,378:14, 378:16,378:17, 381:12,381:14
Game [2] - 203:21,277:22GARY [1] - 162:13gas [8] - 198:1,223:12, 223:14,223:15, 265:11,432:14, 480:16,486:13gasoline [3] - 264:12,265:23, 267:3gather [2] - 182:10,491:14gathered [2] - 396:3,474:25gathering [2] - 217:23,396:12gears [1] - 241:1Geide [1] - 166:5GEIDE [1] - 175:13general [22] - 186:10,199:21, 203:19,248:20, 251:11,274:6, 274:18,274:19, 275:15,276:20, 329:23,330:10, 330:11,334:10, 346:19,365:17, 415:25,417:5, 437:5, 437:6,483:24, 488:21generally [24] -209:11, 272:10,291:14, 313:24,321:1, 322:19,323:22, 325:7,325:8, 325:15,331:21, 416:4,421:13, 425:13,439:14, 442:21,446:21, 446:22,446:24, 447:3,448:15, 451:13,453:2, 469:24generate [1] - 319:12generated [1] - 335:15generation [1] -216:21generic [4] - 275:6,275:7, 275:9, 486:12genesis [1] - 193:15geoengineers [1] -491:25geographic [3] -192:15, 395:5,431:20geographically [5] -192:17, 234:15,234:18, 235:8, 303:6geologic [1] - 491:24geological [3] -
410:10, 412:18,491:25geologist [4] - 410:21,464:7, 464:8, 467:3geology [3] - 464:24,465:16, 493:2geotechnical [1] -411:8GIS [2] - 471:23,473:15given [12] - 182:19,199:19, 240:22,264:3, 265:17,269:9, 300:14,338:22, 361:19,390:22, 392:24,461:2Glacial [1] - 198:6glanced [1] - 443:13Glenn [1] - 163:3global [3] - 454:17,454:24, 454:25goals [2] - 440:25,460:23gold [1] - 191:9Goldtooth [1] - 165:11GOLDTOOTH [1] -170:11gouges [4] - 291:7,291:12, 291:13,291:21GOULET [1] - 175:3Goulet [1] - 166:5govern [1] - 189:1government [22] -202:22, 202:24,202:25, 203:3,203:11, 203:12,205:3, 246:8,256:15, 257:14,312:20, 312:23,313:3, 313:6, 313:7,313:12, 386:5,395:20, 469:17Government [2] -216:22, 295:2government's [1] -216:12government-to-government [2] -256:15, 469:17governs [2] - 216:13,226:11graduated [1] - 432:4granary [1] - 390:17Grand [2] - 475:16,476:5Grange [1] - 251:1grant [3] - 242:12,433:6
21granted [2] - 185:9,415:17Granting [1] - 166:14granting [3] - 402:1,434:25grassland [4] -331:16, 334:3,433:24, 434:3grasslands [2] -435:13, 446:5graveled [4] - 308:10,308:19, 308:22,309:8Gray [3] - 435:23,435:24, 471:6great [4] - 193:23,249:17, 363:17,392:4Great [2] - 469:25,475:8greatest [1] - 184:2greatly [1] - 409:20green [5] - 182:19,399:25, 487:4,490:17, 490:20Greg [1] - 162:18ground [11] - 184:3,186:5, 192:12,331:15, 344:14,410:10, 413:17,413:25, 467:23,467:24, 489:14grounds [2] - 233:4,300:1groundwater [5] -341:7, 451:22,451:23, 451:24,478:16group [10] - 219:12,245:22, 277:19,283:2, 284:22,368:11, 373:17,404:21, 405:1, 405:6grow [3] - 293:18,293:22, 331:16growing [3] - 194:21,369:15, 389:8grows [1] - 331:17growth [31] - 181:25,182:8, 190:1, 190:5,190:8, 190:11,190:14, 190:15,190:22, 190:24,191:18, 191:23,192:4, 194:18,195:11, 197:24,227:22, 228:5,249:19, 289:17,290:10, 294:9,368:22, 369:19,
009014
369:24, 370:21,371:14, 408:25,483:18, 486:5,490:11Growth [1] - 167:9guarantee [1] - 486:1guaranteeing [2] -248:13, 252:20guarantees [1] - 248:9guess [9] - 200:11,225:14, 227:6,347:6, 347:25,374:13, 422:7,428:17, 471:4guidance [1] - 224:5guidelines [4] -212:15, 285:9,480:11, 480:13guillotine [2] - 448:23,448:25guise [1] - 234:8Gustafson [1] -162:19Guthrie [1] - 466:1
H
habitat [11] - 187:9,403:21, 425:18,425:23, 426:2,426:4, 426:12,426:14, 431:9,444:15, 450:2habitats [6] - 338:5,339:2, 395:11,426:16, 438:16,484:5half [4] - 185:22,376:21, 376:22,396:8halls [3] - 302:7,302:10, 302:14hand [10] - 259:18,260:11, 327:9,350:5, 423:3, 440:8,440:10, 441:23,441:24, 462:2handed [5] - 244:8,298:22, 363:18,429:10, 440:7handful [1] - 396:22handing [1] - 327:2handle [5] - 206:17,216:7, 241:3,241:24, 383:14handled [9] - 241:20,334:21, 334:23,335:2, 335:5, 335:8,335:11, 454:11
hands [1] - 244:6HANSON [84] -162:13, 194:4,194:7, 195:12,195:16, 195:21,196:15, 196:19,196:24, 197:1,197:7, 197:13,200:5, 202:16,255:13, 255:15,255:18, 257:11,257:22, 258:3,286:17, 289:14,290:1, 290:6,290:14, 290:19,291:3, 291:10,291:23, 292:9,292:15, 328:1,338:15, 348:1,348:5, 365:12,365:15, 365:18,365:25, 366:17,366:21, 366:25,367:5, 367:11,367:18, 367:23,368:13, 368:15,368:18, 369:3,369:7, 369:10,369:17, 369:25,370:3, 370:6,370:10, 370:13,370:17, 371:5,371:10, 371:18,372:7, 387:13,387:15, 387:25,388:6, 388:19,388:25, 389:4,391:17, 445:10,483:12, 483:21,484:8, 484:12,484:22, 484:24,485:5, 485:10,486:5, 486:11,487:9, 487:14Hanson [37] - 168:8,168:13, 168:18,169:7, 169:14,169:22, 170:8,170:18, 171:6,171:11, 171:18,172:7, 172:14,173:6, 173:18,174:4, 174:9, 175:5,175:10, 175:15,175:19, 176:5,177:8, 177:14,177:21, 178:14,178:19, 181:5,205:9, 210:13,216:15, 217:8,238:17, 292:18,
328:13, 391:5,487:19Hanson's [4] - 209:18,258:10, 389:12,391:16happy [1] - 497:2harass [1] - 455:14harassed [1] - 459:7harbors [1] - 207:17harder [1] - 208:15harm [11] - 335:3,335:6, 335:9,335:12, 335:22,337:2, 337:15,338:4, 448:19,454:12, 455:14Harrisburg [21] -164:23, 182:1,189:24, 190:2,190:5, 190:11,190:15, 191:22,193:1, 194:21,194:25, 196:17,197:16, 231:4,231:6, 258:18,369:8, 369:11,392:8, 483:18,490:11Hartford [5] - 164:23,182:1, 194:23,369:11, 392:8hate [1] - 378:18Hawaiian [2] - 469:4,470:18HCA [4] - 249:1,278:10, 278:11,278:13HCAs [7] - 187:3,187:17, 187:18,249:3, 249:4,278:14, 279:12HDD [13] - 164:23,402:25, 403:19,447:20, 447:22,448:5, 448:17,449:3, 449:11,482:4, 482:8,482:10, 482:11HDDs [1] - 449:5head [7] - 221:15,426:24, 447:8,460:21, 479:24,492:4, 492:6header [3] - 361:18,362:1, 362:19headquarters [1] -442:8heads [1] - 219:11hear [9] - 336:6,361:14, 361:15,
391:15, 434:11,435:3, 435:9, 435:12heard [14] - 219:15,219:18, 240:21,255:21, 276:3,276:5, 276:6,358:25, 388:1,409:21, 409:22,442:16, 449:20,453:2hearing [10] - 180:1,181:6, 199:19,209:21, 241:21,346:15, 347:22,435:25, 475:21,498:4Hearing [1] - 162:7hearings [1] - 242:18hearsay [3] - 398:6,398:11, 398:13heating [1] - 265:13heavier [1] - 323:16heavily [9] - 304:10,304:11, 304:19,304:20, 352:11,352:20, 352:22,352:23, 394:22heavy [1] - 307:10held [3] - 163:13,404:13, 416:1help [17] - 187:3,192:9, 212:22,212:24, 232:7,266:17, 267:5,306:14, 326:23,359:15, 390:5,410:24, 427:20,438:24, 439:24,441:21, 449:13helped [2] - 182:5,195:10helpful [9] - 189:12,306:13, 360:5,373:9, 373:23,374:22, 390:2,391:13, 392:12helps [3] - 291:17,314:2, 497:3hence [1] - 375:23herbicides [4] - 483:4,483:6, 483:7, 483:9HEREBY [1] - 499:8heritage [1] - 277:24hi [1] - 393:13hide [1] - 184:8high [21] - 186:8,186:11, 186:24,198:4, 198:7,223:21, 224:17,248:18, 248:22,
22286:13, 286:14,286:24, 287:1,287:4, 287:5, 287:7,287:9, 289:23,290:10, 452:3,483:18higher [1] - 358:10highest [11] - 189:2,194:18, 201:13,289:16, 289:17,369:18, 369:19,370:20, 370:21,371:13, 371:14highlighted [2] -440:11, 440:13highlights [1] - 412:14highly [8] - 194:17,201:4, 201:6,290:10, 293:13,293:16, 293:25,485:7highway [2] - 337:11,385:24hiking [1] - 400:2Hills [1] - 487:21hire [5] - 184:13,201:12, 235:17,235:24, 236:4hired [5] - 182:4,187:2, 414:19,427:15hires [1] - 235:16hiring [4] - 184:20,202:8, 235:21,466:17historian [1] - 416:12historic [7] - 199:2,225:8, 232:1, 469:6,469:7, 470:15, 480:7Historic [4] - 203:25,435:18, 468:23,495:8historical [2] - 417:5,487:7Historical [2] - 164:8,401:8history [1] - 416:4hit [2] - 204:5, 330:9Hohn [3] - 166:6,166:19, 166:20HOHN [2] - 175:16,177:6hold [2] - 381:15,480:4holding [1] - 191:12Holdings [1] - 221:22holdings [1] - 442:10hole [3] - 314:4, 314:5,337:13home [9] - 329:2,
009015
363:8, 376:14,376:23, 376:24,377:20, 377:25,386:24, 486:16homes [7] - 191:17,328:14, 328:23,363:4, 363:10,363:24, 368:24Honor [1] - 269:6HOOGESTRAAT [1] -176:6Hoogestraat [2] -166:6, 166:7hope [3] - 201:11,354:15, 375:10hoping [1] - 361:14horizontal [2] -317:13, 418:19horticulture [1] -394:1hotels [2] - 303:3,380:21Houdyshell [1] -165:17HOUDYSHELL [1] -172:11hour [3] - 180:11,180:13, 319:19house [3] - 373:22,376:17, 377:12households [1] -487:11houses [5] - 193:14,193:17, 328:10,416:1, 417:18Houston [5] - 221:3,260:22, 293:20,386:22, 393:19HOWARD [2] - 169:11,179:3Howard [13] - 164:11,164:14, 272:2,273:1, 393:9,393:15, 394:9,465:5, 466:9,466:16, 483:13,487:18, 491:8HP14-002 [1] - 162:4HRA [1] - 435:23human [11] - 235:22,308:6, 310:5,310:24, 336:1,336:13, 336:17,336:20, 431:9,455:4, 455:16humans [1] - 336:8Humboldt [2] -369:12, 392:8hundreds [4] - 228:10,362:10, 391:8,
495:12hung [1] - 462:10hunting [1] - 380:22hurt [1] - 337:10hydraulic [4] - 343:5,464:24, 465:18,493:2hydro [4] - 371:19,371:21, 381:9,381:19hydrologist [5] -341:25, 463:19,463:20, 463:22,467:6hydrology [6] - 343:4,412:10, 463:20,463:25, 465:20,467:8hydrostatic [16] -315:12, 315:15,315:17, 317:1,317:11, 317:21,318:13, 333:17,341:21, 358:3,358:5, 378:12,414:5, 414:13,418:17, 418:22hypothetically [1] -205:13
I
I1 [1] - 166:3I10 [1] - 166:7I11 [1] - 166:8I12 [1] - 166:8I13 [1] - 166:9I16 [1] - 166:9I17 [1] - 166:10I18 [1] - 166:10I2 [1] - 166:3I20 [1] - 166:11I21 [1] - 166:11I22 [1] - 166:12I23 [1] - 166:12I24 [1] - 166:13I25 [1] - 166:13I26 [1] - 166:14I27 [1] - 166:16I3 [1] - 166:4I30 [1] - 166:17I31 [1] - 166:17I32 [1] - 166:18I4 [1] - 166:5I43 [1] - 166:19I44 [1] - 166:19I45 [1] - 166:20I45L [1] - 166:20I46J [1] - 166:20
I47P [1] - 166:21I5 [1] - 166:5I50 [1] - 166:21I7 [1] - 166:6I8 [1] - 166:6I9 [1] - 166:7idea [6] - 229:8,229:12, 303:6,303:24, 420:5, 461:5ideal [1] - 442:9identification [4] -298:21, 438:15,452:6, 469:6identified [14] -224:18, 304:2,313:10, 315:19,333:8, 333:21,358:12, 382:5,382:11, 400:21,411:23, 414:18,438:23, 480:1identify [12] - 286:14,287:1, 311:9,311:12, 313:6,410:15, 410:24,411:5, 411:13,421:9, 428:6, 469:5identifying [4] -291:19, 315:17,409:4, 441:16IEN [3] - 165:2, 170:2,496:23Ihanktonwan [3] -416:8, 416:10,416:22II [2] - 162:9, 164:17III [25] - 164:16,164:17, 164:18,164:18, 164:19,164:20, 401:9,401:15, 435:20,467:21, 467:22,467:23, 468:2,468:3, 468:5, 471:5,471:6, 471:7, 471:8,471:10, 471:12,471:15ILES [1] - 173:16Iles [1] - 165:16illness [2] - 431:11,431:13imagine [4] - 240:25,369:10, 376:8,443:18immediate [3] - 186:3,205:7, 282:1immediately [1] -204:20immensely [1] -255:23
immoral [1] - 201:20Impact [3] - 198:14,226:2, 226:9impact [44] - 186:3,203:4, 205:7,212:10, 212:12,227:2, 227:10,227:21, 227:25,228:8, 236:25,248:3, 257:16,326:17, 331:25,341:6, 341:8,341:11, 341:12,341:15, 341:17,341:19, 341:22,344:2, 360:15,369:23, 395:22,410:16, 413:21,456:9, 475:10,476:1, 476:10,478:15, 478:20,479:2, 485:1, 485:2,485:8, 485:12,485:15, 485:16,485:23, 486:2impacted [7] - 243:17,244:5, 320:11,456:10, 477:3,477:13, 479:5impacting [3] - 186:1,208:3, 341:17impacts [40] - 186:6,212:7, 212:13,215:3, 215:10,227:17, 307:18,342:14, 343:5,385:10, 385:11,386:14, 396:24,407:24, 407:25,408:4, 408:7,408:10, 408:11,412:11, 424:21,451:10, 451:23,464:25, 465:2,465:18, 465:19,465:20, 465:23,475:6, 475:7,475:10, 475:23,476:13, 478:17,479:15, 483:25,484:1impartial [1] - 234:1imperative [3] -320:19, 322:14,322:18imperiled [2] - 186:16,278:9impertinent [2] -194:9, 194:11implemented [1] -
23226:4implies [1] - 266:1imply [1] - 461:18implying [1] - 267:1import [1] - 266:21importance [6] -233:9, 233:11,233:13, 453:1, 469:8important [6] -198:14, 267:4,267:5, 285:21,425:18, 465:3imports [2] - 266:15,266:22impression [1] -241:12impressive [1] - 281:4improper [1] - 343:7improperly [9] -251:20, 334:20,334:23, 335:2,335:5, 335:8,335:11, 454:11impropriety [1] -202:2improvement [1] -277:17IN [1] - 162:4in-depth [1] - 489:12inappropriately [2] -236:12, 236:13inch [1] - 322:14inches [24] - 223:10,298:11, 298:12,306:5, 366:6, 366:9,366:10, 366:11,366:15, 366:16,366:18, 366:22,366:23, 366:24,367:3, 367:6,367:13, 367:20,367:22, 367:25,383:7, 383:22,490:14, 490:15include [7] - 187:5,187:6, 247:7, 247:8,247:9, 334:8, 442:4included [13] - 226:4,261:24, 267:6,306:6, 400:15,406:21, 407:4,433:16, 437:16,473:2, 473:11,473:12, 482:3includes [8] - 257:24,388:8, 395:7,432:14, 446:2,454:3, 473:19, 494:9including [9] - 223:21,266:20, 395:20,
009016
404:18, 408:11,411:10, 469:7,492:1, 494:5inclusive [1] - 433:22incorporated [4] -396:20, 400:5,406:3, 486:8incorporates [1] -259:10incorrect [4] - 191:4,298:6, 298:12, 307:9increase [5] - 266:14,484:4, 485:2, 486:1,486:6increased [1] - 249:15increasing [1] - 261:8incumbent [4] -216:11, 288:21,288:22, 288:25Ind [1] - 167:17indemnify [1] - 247:16independent [5] -210:21, 216:23,217:1, 217:6, 254:3Indian [9] - 200:7,200:14, 407:13,407:15, 407:16,469:4, 470:7,470:17, 495:15indicate [6] - 181:24,189:10, 192:17,425:5, 427:7, 460:23indicated [15] - 182:7,188:16, 190:19,192:25, 220:5,224:16, 224:19,228:20, 295:23,325:4, 325:10,424:8, 424:13,436:8, 460:7indicates [3] - 276:11,432:8, 446:9indicating [1] - 191:13indication [1] - 431:23Indigenous [3] -163:4, 339:16, 463:6individual [8] - 208:6,210:25, 225:12,269:18, 345:4,395:21, 422:12,423:13individualistic [1] -208:11individually [2] -278:21, 358:4individuals [6] -183:17, 201:4,201:13, 202:10,278:22, 488:23indulgence [1] -
240:16industry [16] - 229:15,229:21, 261:8,261:14, 276:18,276:21, 306:10,394:2, 394:4,399:16, 432:9,432:10, 432:12,493:14, 493:21inert [2] - 207:24,314:2inevitable [1] - 185:24inflict [1] - 236:21influence [1] - 205:2inform [1] - 185:11informal [1] - 401:23information [58] -192:16, 199:12,199:15, 203:22,210:16, 211:23,212:18, 212:22,214:20, 216:16,220:13, 220:15,221:4, 221:11,225:23, 226:24,239:14, 242:8,256:2, 270:20,278:23, 282:22,283:4, 283:5,283:13, 312:1,312:5, 312:15,312:17, 315:25,318:2, 338:20,346:20, 348:11,348:18, 349:4,364:20, 372:14,373:16, 373:18,374:23, 381:16,394:19, 395:6,395:12, 395:19,396:3, 396:12,433:13, 445:25,446:4, 462:13,465:16, 465:17,466:16, 474:25,490:7, 491:14informative [1] -255:20informed [1] - 244:7infrastructure [6] -196:2, 201:6, 219:6,271:12, 395:10,405:2Infrastructure [2] -164:21, 164:22infringe [1] - 200:21infringement [1] -431:9INGA [1] - 480:16inherit [1] - 207:22
initial [5] - 254:10,254:21, 255:1,289:21, 375:17initiate [1] - 204:6initiated [1] - 245:16injected [2] - 319:13,359:1injection [2] - 319:8,319:10Injunction [1] - 166:15injured [2] - 336:17,455:4injury [1] - 244:22inquired [1] - 217:25inserting [2] - 439:5,440:21inside [7] - 211:10,221:25, 303:15,318:20, 355:15,359:17insight [1] - 344:5inspection [3] -291:19, 381:2,488:10inspections [1] -277:12inspectors [1] - 341:4install [3] - 208:3,362:18, 410:16installation [2] -455:25, 456:22installed [3] - 187:22,273:21, 399:24instance [5] - 290:25,313:11, 332:2,356:20, 366:2instances [1] - 207:18instead [2] - 186:1,362:10instrumentation [1] -291:21insurance [12] -237:24, 238:3,238:9, 239:4, 239:8,239:10, 239:11,239:21, 239:22,240:18, 241:2,241:13intake [1] - 477:18intakes [6] - 476:14,476:18, 477:1,477:11, 477:12,477:15integration [1] -261:25Integrity [3] - 292:5,292:13, 292:14integrity [5] - 277:9,320:19, 322:14,322:18, 357:22
intend [2] - 314:24,378:22intended [1] - 196:3Intensive [5] - 164:16,164:17, 164:18,164:19, 164:20intent [5] - 205:25,224:6, 245:11,255:9, 412:13interacts [1] - 410:11interagency [2] -434:21, 434:22interchangeably [1] -468:1interest [5] - 210:22,210:23, 416:17,417:18, 449:21interested [1] - 473:25interesting [2] - 356:9,388:19interests [2] - 385:19,385:21interfere [2] - 456:23,485:19interference [1] -323:13intergovernment [1] -256:20interim [1] - 429:20interior [1] - 430:3Interior [1] - 430:5Interior's [1] - 480:11internal [3] - 250:24,434:19international [1] -453:1interpret [1] - 224:6interpretation [2] -258:2, 259:16Interrogatories [4] -199:18, 218:1,419:17, 421:21Interrogatory [1] -418:8interrupt [5] - 209:21,412:17, 413:16,449:13, 466:13interrupted [3] -336:1, 336:13,336:14interrupting [1] -345:22intersected [1] -451:24intersection [1] -191:18Interstate [3] - 283:18,284:3, 284:8interstate [2] - 197:4,197:5
24interval [1] - 418:24intervals [2] - 188:8,286:23Intervenor [2] - 374:2,489:20INTERVENORS [5] -166:2, 174:6, 175:2,176:2, 177:2Intervenors [7] -163:3, 199:22,209:12, 209:15,231:14, 243:10,387:11intimately [1] - 452:24introduce [2] - 363:15,421:17introduced [1] -196:21introduction [1] -412:6intrusive [1] - 248:4invasive [10] - 442:10,442:14, 442:16,442:20, 442:24,450:5, 450:12,450:24, 494:13investigate [1] - 292:8investigation [3] -278:3, 290:13,491:22investigations [2] -235:14, 411:8investigators [2] -414:20, 468:10investing [1] - 195:24investment [2] -195:25, 196:2invitation [1] - 415:10invite [1] - 215:15invited [1] - 415:2Invoice [1] - 167:11invoke [1] - 356:13involved [13] - 189:5,241:21, 283:1,283:8, 289:25,365:15, 380:9,432:19, 434:24,445:19, 452:2,458:23, 460:14involvement [2] -204:24, 385:1involves [1] - 451:14Iowa [7] - 297:3,301:19, 321:15,362:5, 379:21,379:23iPad [2] - 244:6,244:12ironic [1] - 467:2Iroquois [1] - 193:13
009017
irrelevant [4] - 282:16,285:17, 454:20,456:24irrigation [3] - 341:7,418:12, 478:16isolate [1] - 249:15isolation [1] - 188:8issue [4] - 240:4,344:6, 347:4, 417:20issue's [1] - 444:14issues [12] - 180:2,189:17, 257:13,269:19, 269:22,334:13, 334:15,441:16, 441:19,442:17, 442:18,492:23Issues [1] - 442:3items [1] - 289:25itself [6] - 184:15,203:5, 206:18,216:18, 305:22,356:15IV [1] - 164:19
J
JACK [1] - 169:3Jack [12] - 164:15,192:8, 193:4,193:21, 193:24,195:5, 195:16,195:19, 223:18,296:15, 296:21,379:20James [3] - 164:23,396:22, 479:9JANICE [1] - 174:22JASON [1] - 174:3Jennifer [6] - 163:6,231:16, 263:7,301:4, 378:5, 404:12job [6] - 219:3, 219:8,404:24, 405:4,410:23, 483:13jobs [4] - 302:19,302:21, 303:22,303:23JOEY [2] - 168:3,178:15Joey [7] - 302:5,310:25, 328:19,332:23, 343:25,344:18, 369:22Joey's [1] - 344:10John [1] - 296:14joining [1] - 214:3joint [3] - 183:10,261:24, 443:9
Joy [4] - 166:6,166:19, 166:20,420:22JOY [1] - 175:16judicial [1] - 268:13juggling [1] - 388:20July [2] - 298:2, 460:6jump [1] - 375:12juncture [3] - 371:24,372:3, 485:13June [4] - 274:24,275:3, 330:7Junior [1] - 281:14jurisdiction [4] -206:24, 218:16,434:10, 434:13jurisdictional [3] -459:13, 459:17,476:23jurisdictions [1] -433:8Justice [1] - 211:4justice [3] - 211:6,211:9, 211:20justify [1] - 232:14
K
Kara [1] - 163:2Karen [3] - 162:17,163:10, 345:20karst [8] - 410:7,410:15, 410:25,411:5, 411:23,491:19, 491:23,492:5Katlyn [1] - 162:19KEARNEY [1] - 170:15Kearney [3] - 162:18,165:14, 497:9keep [8] - 200:10,208:10, 229:14,276:17, 278:19,278:22, 408:15,426:8keeps [2] - 314:3,314:5KENT [1] - 176:16kept [4] - 425:7,425:16, 426:1,488:10kerosine [3] - 264:13,265:23, 267:3KEVIN [1] - 174:7Keystone [15] -184:21, 209:22,228:22, 228:23,229:3, 229:18,229:20, 230:6,
230:12, 276:23,277:4, 475:7, 475:9,475:15, 476:3kids [1] - 197:17kids' [1] - 197:22kill [2] - 455:14,455:17KIMBERLY [1] - 171:3Kimberly [3] - 163:4,339:15, 463:5kind [26] - 180:3,180:5, 180:8,180:11, 191:7,205:9, 207:6,237:17, 250:21,280:20, 288:18,295:21, 303:8,303:14, 303:20,310:11, 311:17,325:3, 344:4,372:11, 374:5,379:11, 395:14,434:16, 489:6kinds [2] - 213:12,308:15Kirschenmann [1] -165:15KIRSCHENMANN [1] -171:14knowing [4] - 266:4,266:10, 302:13,418:22knowledge [26] -219:7, 225:15,251:15, 270:3,270:7, 270:16,271:10, 272:22,274:19, 277:3,284:12, 289:15,312:3, 312:16,321:20, 329:4,344:16, 399:9,415:9, 437:5, 437:6,438:10, 438:16,438:18, 442:14,467:13knowledgeable [1] -274:16known [4] - 382:18,409:12, 415:23,479:4knows [3] - 311:16,391:19, 470:12KOENECKE [57] -180:18, 229:22,230:16, 240:1,240:8, 240:15,241:24, 243:1,243:4, 243:12,243:14, 244:9,
250:9, 253:1,259:23, 260:7,295:21, 296:14,296:18, 298:19,299:16, 299:23,300:6, 300:25,306:13, 306:18,326:6, 327:8,327:17, 337:20,343:10, 345:12,345:25, 346:6,346:24, 347:5,347:17, 357:2,363:15, 363:18,363:22, 364:1,364:3, 364:6,364:13, 364:25,365:5, 375:3,375:10, 379:17,379:19, 387:8,389:14, 389:19,390:12, 390:25,392:22koenecke [1] - 172:15Koenecke [52] - 163:2,168:3, 168:11,169:3, 169:10,169:18, 169:24,170:5, 170:12,171:16, 172:13,173:5, 173:7, 173:9,174:4, 174:8,174:10, 174:11,174:14, 174:19,175:4, 175:9,175:14, 175:19,175:20, 175:23,176:5, 176:9,176:12, 177:5,177:7, 177:11,177:13, 177:20,177:23, 178:11,178:15, 178:22,239:25, 240:13,241:23, 242:20,243:11, 252:20,252:25, 343:9,346:21, 386:17,387:16, 389:13,389:18, 391:17Kristen [2] - 162:16,163:10KUNZELMAN [1] -175:21Kunzelman [2] -166:7, 166:20
L
L.P [1] - 164:5
25laborers [2] - 344:6,344:17lack [9] - 192:2, 400:7,408:14, 408:17,410:5, 417:9,417:17, 417:18,487:5lacking [1] - 470:10laden [1] - 467:14laid [3] - 289:21,343:12, 346:8Lake [16] - 165:8,194:23, 198:11,422:20, 422:23,423:5, 442:3, 442:6,442:8, 453:3, 453:6,453:7, 453:13,453:17, 459:11,494:9Lakes [1] - 198:7lakes [3] - 198:8,198:12, 315:16land [56] - 206:25,208:20, 208:25,254:2, 308:25,309:15, 309:19,309:22, 309:25,310:5, 310:6, 310:7,310:12, 314:19,314:21, 318:6,332:4, 334:5, 334:9,334:10, 334:11,342:3, 342:6,342:11, 342:20,342:21, 343:4,377:4, 387:24,389:1, 390:3,393:25, 399:13,407:8, 407:11,407:19, 407:23,408:4, 408:8,408:18, 409:14,412:21, 413:9,413:19, 416:20,417:18, 442:10,445:16, 470:7,487:24, 491:3, 492:7landfill [3] - 223:9,223:14, 223:15Landfill [1] - 194:23landowner [29] -186:6, 208:20,209:1, 209:4,246:18, 247:16,254:4, 254:17,255:3, 276:13,294:6, 294:12,313:6, 362:23,362:25, 382:21,382:23, 383:3,
009018
383:7, 383:10,383:12, 383:13,387:18, 387:19,387:22, 388:3,388:23, 488:23landowner's [1] -366:7landowners [21] -183:1, 183:4, 184:6,206:5, 207:12,208:2, 208:4,253:22, 353:21,367:17, 373:12,383:6, 385:11,388:9, 388:11,388:13, 388:14,388:15, 388:17,395:21, 472:3Lands [1] - 167:18lands [15] - 203:17,289:23, 304:10,304:19, 352:11,352:20, 396:21,457:1, 457:3,469:22, 470:1,470:3, 470:4, 470:17landscape [2] -331:10, 400:5landscapes [1] -198:25language [10] -206:25, 207:2,207:4, 207:6, 207:9,208:18, 270:18,304:15, 304:16,306:6lapsed [1] - 474:3large [13] - 210:23,289:24, 346:19,350:8, 353:3,353:11, 371:21,388:23, 413:7,413:9, 425:9,434:15, 442:5largely [1] - 394:3larger [8] - 353:13,353:14, 353:19,452:20, 486:12,486:18, 486:19,487:1largest [1] - 183:21LARSON [1] - 177:16last [22] - 193:9,193:12, 194:10,196:13, 208:23,209:21, 214:4,254:19, 260:5,282:25, 346:10,354:14, 356:1,356:8, 361:17,
363:1, 389:9,401:19, 402:7,434:20, 445:2, 460:6late [2] - 276:2, 497:1latitude [1] - 397:14LAURIE [1] - 175:21Law [7] - 166:16,244:13, 257:20,267:6, 356:11,368:20, 427:4law [17] - 224:7,225:15, 226:11,230:15, 237:22,244:23, 279:17,344:2, 390:15,417:13, 424:3,424:5, 424:11,424:12, 424:15,492:13, 493:24laws [17] - 188:23,201:7, 201:8,201:10, 207:10,244:2, 292:24,293:4, 293:9,391:22, 405:12,417:11, 433:7,433:8, 444:10,459:20, 459:22lawyer [2] - 268:15,424:6lay [5] - 346:6, 361:9,394:24, 413:9,416:15laying [3] - 268:19,360:10, 410:25layman's [1] - 431:4lays [1] - 188:20LDH [3] - 261:20,281:16, 281:18lead [11] - 204:15,215:13, 216:7,216:10, 236:24,237:2, 323:11,425:1, 450:4,450:23, 480:9leading [3] - 386:15,386:17, 403:17leak [3] - 184:12,323:7, 448:17leaking [1] - 371:25leaks [1] - 230:7learn [1] - 272:16learned [1] - 396:11lease [1] - 309:17least [6] - 256:25,367:3, 369:23,385:5, 385:6leave [2] - 208:5,208:8leaves [1] - 367:13
led [1] - 182:9Ledin [1] - 165:20left [12] - 224:4,240:13, 319:22,348:25, 349:2,423:3, 469:22,470:21, 470:22,471:1, 471:2, 481:5left-hand [1] - 423:3legal [15] - 267:12,267:19, 268:16,268:17, 269:5,284:11, 284:13,284:22, 424:4,424:10, 424:19,470:9, 491:9,493:18, 493:25legally [1] - 273:12length [9] - 255:25,370:25, 371:15,385:25, 425:11,468:6, 478:13,484:1, 484:3lengths [2] - 392:4,484:4lengthy [2] - 272:5,272:7less [7] - 185:17,352:6, 367:6,385:10, 385:11,485:19Letter [4] - 165:4,165:5, 165:6, 165:7letter [3] - 189:16,190:3, 192:25letters [1] - 251:22Letters [1] - 166:14level [20] - 189:3,195:25, 199:10,203:16, 203:22,204:23, 211:16,214:15, 216:4,233:8, 233:10,233:13, 235:12,245:18, 256:19,257:3, 292:8, 384:9,391:13, 471:3Level [12] - 164:16,164:17, 164:18,164:19, 164:20,467:21, 467:22,471:6, 471:7,471:14, 471:15levels [1] - 277:7Lewis [14] - 167:10,167:10, 321:9,321:12, 321:14,321:25, 322:10,322:17, 323:18,324:3, 334:13,
334:16, 334:18,373:5liability [10] - 188:15,188:20, 189:2,189:6, 220:5,237:15, 237:17,238:14, 239:11,239:21licensed [4] - 281:3,281:6, 281:8, 281:10licenses [1] - 356:3lie [1] - 360:12lied [1] - 285:21life [2] - 195:22, 207:1lifespan [2] - 205:10,205:17lifetime [1] - 197:22lifts [1] - 384:2light [2] - 182:19,286:1likely [2] - 241:18,484:3liken [1] - 233:15limit [5] - 200:22,201:14, 235:5,238:14, 330:9limitation [2] - 358:10,358:19limitations [1] - 359:7limited [11] - 186:18,209:25, 210:2,210:6, 358:20,408:9, 431:10,434:9, 434:12,444:22, 445:7limiting [1] - 486:9limits [6] - 197:15,238:6, 239:8,239:11, 423:10,429:17Lincoln [1] - 396:16LINDA [1] - 175:3line [103] - 185:7,187:23, 197:7,202:25, 208:24,211:12, 212:1,223:12, 223:15,243:18, 246:19,262:16, 275:19,279:24, 282:16,283:16, 285:1,285:16, 286:16,286:17, 287:13,288:20, 291:6,300:16, 300:17,305:23, 305:24,306:22, 307:24,308:2, 309:4, 313:5,321:9, 321:12,322:7, 322:19,
26323:14, 326:2,326:3, 326:4, 326:6,326:9, 326:14,327:9, 337:20,337:23, 338:8,338:19, 347:19,349:20, 351:8,351:14, 351:20,351:23, 352:20,354:15, 355:2,359:5, 366:3, 368:5,369:7, 369:15,369:23, 370:24,371:3, 372:16,377:23, 384:4,385:10, 385:25,391:9, 394:18,395:3, 400:18,400:25, 402:7,402:16, 402:18,406:1, 408:3, 412:2,425:5, 425:7,427:10, 443:20,465:12, 468:20,481:24, 482:2,486:22, 487:23,487:25, 488:7,488:12, 494:12,494:22lines [26] - 190:24,191:18, 223:16,290:21, 309:3,311:5, 321:6, 321:7,323:2, 323:5,351:10, 351:11,351:12, 360:9,361:20, 363:6,398:23, 406:25,465:15, 465:17,465:18, 465:19,465:21, 465:23,486:25link [2] - 253:19, 422:2liquid [1] - 261:1liquids [4] - 219:11,261:12, 281:23,432:14list [25] - 363:24,364:11, 368:23,369:14, 392:1,395:11, 408:13,427:6, 427:8,427:11, 427:12,427:14, 433:11,433:13, 436:9,436:13, 437:4,437:9, 437:14,437:15, 438:2,438:3, 444:15,481:25, 482:8
009019
listed [15] - 203:23,220:10, 225:3,272:11, 281:7,427:8, 427:18,427:23, 429:11,429:14, 430:23,431:7, 436:9,436:14, 488:2listing [6] - 429:13,429:20, 430:11,436:3, 436:12,436:19literal [1] - 183:6literally [1] - 228:10literature [1] - 414:21live [10] - 200:19,228:9, 228:10,293:20, 336:17,337:1, 364:24,386:25, 422:2,497:17lived [2] - 387:4,390:17LLC [3] - 162:4,221:24, 248:14local [19] - 182:4,244:4, 245:9,245:12, 246:8,302:7, 302:10,302:14, 303:3,310:15, 312:22,313:3, 313:12,342:3, 344:2,356:11, 356:25,398:5, 398:20locate [3] - 321:3,326:18, 380:10located [17] - 193:17,217:22, 274:8,286:12, 287:2,287:9, 288:24,290:9, 303:25,355:5, 403:1,438:12, 453:8,456:18, 470:16,476:14, 477:2location [18] - 194:13,194:24, 198:3,231:6, 286:24,287:6, 293:18,310:19, 325:22,359:5, 363:3,371:24, 402:25,423:9, 431:20,442:9, 475:9, 475:10locations [8] - 227:11,293:25, 355:7,357:11, 401:2,410:24, 447:22,449:4
lodges [1] - 380:22lodging [3] - 304:2,304:5, 304:6Logistics [10] -183:14, 183:16,222:2, 222:4,248:12, 250:23,251:1, 251:3, 251:7long-eared [3] -427:17, 429:11,429:23long-term [13] -227:12, 227:16,228:2, 341:8,341:12, 396:25,413:22, 440:15,478:17, 479:2,485:5, 486:4, 487:13longest [3] - 399:7,409:21, 410:4look [35] - 191:5,192:11, 196:20,212:17, 224:24,227:7, 242:12,259:13, 263:13,263:17, 263:24,269:15, 282:11,304:13, 308:18,308:21, 309:10,310:6, 313:3,326:23, 330:23,331:18, 349:13,368:20, 368:22,369:11, 372:21,387:11, 389:6,390:25, 412:2,433:20, 438:22,443:11, 497:24looked [10] - 194:10,257:1, 265:17,345:5, 369:3, 369:5,407:4, 407:6, 473:9,473:21looking [23] - 180:9,191:7, 195:5,196:21, 291:4,309:16, 331:5,354:17, 360:7,361:17, 364:15,372:15, 373:1,414:25, 421:23,428:4, 428:18,428:21, 429:12,446:7, 473:20,487:22, 489:22looks [1] - 197:10loss [6] - 253:22,253:24, 291:22,292:8, 409:6losses [1] - 253:17
lost [2] - 247:1, 450:22loud [1] - 462:5love [1] - 467:9lower [2] - 197:2,358:10lubricate [1] - 314:3lunch [3] - 319:19,319:21, 497:25
M
ma'am [6] - 185:6,185:13, 237:19,280:7, 280:19, 282:4Mahmoud [18] - 164:9,164:12, 180:19,181:3, 194:5,216:14, 243:15,244:12, 252:21,253:15, 255:19,259:9, 260:9,281:20, 281:22,363:3, 435:5, 435:6MAHMOUD [2] -168:3, 178:15Mahmoud's [3] -289:21, 290:2,343:25mailed [1] - 421:1mails [1] - 497:23Main [2] - 260:22,393:18main [2] - 303:11,486:22mainline [6] - 187:22,187:23, 276:12,276:15, 286:12,287:8Mainstem [2] - 165:9,165:10maintain [6] - 196:11,208:9, 279:7,322:18, 360:25,361:9maintained [2] -425:9, 426:3maintaining [4] -320:18, 322:13,357:18, 399:21maintenance [3] -451:12, 451:13,488:11major [16] - 298:10,298:15, 298:16,325:5, 325:15,395:6, 396:15,396:18, 397:2,397:23, 399:22,406:2, 407:5, 407:6,
472:17, 476:8majority [2] - 442:10,493:5makers [2] - 267:6,466:18makeup [1] - 418:23Mall [1] - 387:4man [1] - 336:15manage [2] - 187:13,202:15managed [3] - 203:17,205:3, 450:25Management [6] -167:3, 292:5,292:13, 292:14,442:4, 453:7management [18] -183:13, 184:17,261:25, 277:10,438:1, 439:8,439:12, 439:17,440:17, 441:14,441:15, 460:24,462:14, 483:10,493:10, 493:22,494:18, 494:20management's [1] -442:4manager [8] - 195:4,297:3, 297:4,365:23, 404:20,404:21, 411:21,466:15manager's [1] -366:10managers [1] - 339:23managing [2] -339:23, 492:22manner [6] - 234:4,248:12, 267:9,273:11, 283:24,324:9Map [6] - 164:21,164:22, 167:9,167:13, 167:18,167:18map [16] - 190:3,190:7, 190:19,191:2, 191:7,191:12, 192:3,192:20, 192:22,196:15, 242:23,243:3, 258:18,369:4, 369:5mapping [3] - 192:17,471:23, 473:15maps [13] - 182:8,189:24, 192:11,192:12, 192:14,224:21, 224:22,
27224:24, 258:15,258:20, 287:11,417:5, 492:23Maps [2] - 164:21,164:23March [7] - 189:16,191:3, 192:25,274:24, 275:3,330:15Margo [2] - 163:9,320:8MARILYN [1] - 177:4marine [1] - 186:15mark [1] - 421:21marked [12] - 262:2,297:20, 298:21,298:22, 299:20,327:3, 347:1, 347:3,363:19, 394:5,420:10, 428:1markings [1] - 442:2maroon [3] - 191:8,192:2, 192:3matched [1] - 304:24material [3] - 384:19,466:18, 477:22materials [4] - 196:11,381:5, 466:22math [1] - 376:15mats [11] - 340:17,340:21, 340:25,341:1, 478:5, 478:7,478:8, 478:10,478:11Matt [2] - 163:7,324:20MATTER [1] - 162:4matter [8] - 163:14,241:24, 247:6,297:12, 415:6,486:14, 497:17,499:10matters [1] - 345:4MATTHEW [1] -176:11maximum [8] -185:14, 358:13,366:6, 366:19,366:20, 366:21,366:23, 367:7mayors [1] - 370:7MCCOMSEY [1] -499:5McComsey [2] -162:24, 499:18McFadden [1] -165:18MCFADDEN [1] -172:3McIntosh [1] - 165:15
009020
MCINTOSH [1] - 171:3meals [1] - 380:12mean [37] - 185:15,185:21, 200:25,201:11, 209:20,226:12, 275:16,275:18, 282:13,284:15, 288:23,293:20, 302:8,302:11, 306:9,310:11, 312:24,355:10, 356:4,356:16, 356:19,358:16, 359:12,359:13, 409:3,411:18, 413:3,429:16, 431:3,432:10, 448:25,450:17, 455:13,457:11, 459:16,474:9, 485:14meaning [7] - 268:16,268:18, 332:13,458:19, 459:3,462:3, 488:3means [17] - 222:11,222:13, 234:8,264:6, 283:22,285:6, 292:11,297:7, 297:8,307:24, 332:15,356:19, 377:23,406:13, 412:20,424:12, 459:18meant [2] - 290:5,352:22measure [6] - 367:17,367:19, 375:3,375:4, 396:7, 478:7measures [5] - 188:6,321:1, 410:22,425:15, 484:18measuring [1] -367:16mechanism [1] -203:13mechanisms [2] -248:24, 451:15media [1] - 405:18meet [15] - 194:25,195:3, 195:8,195:12, 224:6,225:12, 225:17,231:4, 256:10,287:14, 381:2,386:10, 392:18,480:13, 498:3meeting [10] - 182:3,193:4, 339:24,340:3, 381:1,
391:22, 392:17,398:11, 398:12meetings [22] -189:17, 193:12,275:24, 339:20,339:25, 369:21,370:1, 370:16,386:1, 386:3, 391:4,391:8, 391:11,391:19, 398:5,398:15, 398:18,398:20, 399:5,401:23, 497:24Meetings [3] - 164:24,164:24, 166:21meets [3] - 381:2,405:9, 484:15members [3] - 370:8,415:8, 415:18memo [1] - 283:9memorized [10] -212:4, 263:16,265:18, 287:12,287:22, 414:7,418:9, 439:22,477:17, 481:12memory [4] - 307:3,330:21, 439:24,441:22mention [1] - 212:1mentioned [10] -183:16, 184:20,214:18, 321:12,378:11, 410:7,482:7, 487:19,488:8, 490:20mentioning [1] - 363:6mentions [3] - 334:5,334:7, 379:11met [16] - 182:4,182:15, 190:16,191:14, 191:20,192:9, 193:4, 195:1,195:9, 245:17,370:3, 371:1, 391:5,391:14, 392:11,392:14metal [1] - 291:22method [4] - 361:23,370:22, 441:2,447:23methodologies [1] -187:12methodology [2] -215:4, 362:13methods [1] - 270:9MICAH [1] - 178:11MICHAEL [3] - 171:21,172:11, 172:17Michels [3] - 185:4,
228:18, 239:9microphone [3] -244:10, 320:2,324:25middle [8] - 192:4,197:10, 197:14,326:15, 350:7,384:2, 384:5, 487:4Middle [1] - 479:7midstream [1] -261:10might [32] - 180:3,200:13, 231:22,252:8, 253:18,272:3, 279:15,303:24, 306:13,307:17, 307:22,308:21, 319:9,322:24, 324:4,327:8, 330:14,365:20, 369:11,377:11, 380:22,382:2, 384:7, 384:9,392:25, 395:19,411:22, 412:22,448:11, 485:25,486:3, 497:25migration [1] - 339:5migratory [4] - 278:15,440:18, 452:11,454:3mile [8] - 185:22,330:24, 358:17,358:18, 381:14,396:8, 447:7mileage [3] - 382:7,401:14, 401:19miles [40] - 185:16,185:22, 228:11,249:11, 293:15,313:21, 320:15,321:21, 330:22,331:6, 338:25,359:10, 359:13,359:14, 359:16,359:18, 359:20,372:16, 372:17,372:20, 372:21,373:2, 373:5,378:15, 379:23,379:24, 379:25,380:1, 380:2, 382:3,385:6, 395:16,396:1, 396:2, 397:3,397:25, 485:19,495:12million [3] - 266:15,396:8, 396:10millions [5] - 228:11,315:25, 316:5,
378:13, 381:12mind [2] - 217:9,392:20mine [1] - 201:25minimal [2] - 366:19,442:7minimization [1] -484:6minimize [8] - 186:6,191:24, 385:24,385:25, 395:22,483:25, 484:1minimized [2] -305:12, 305:14minimum [8] - 223:10,306:5, 313:22,366:6, 366:20,367:6, 367:7, 417:14Minnehaha [1] -396:16minor [2] - 186:4,291:5minus [1] - 377:24minute [5] - 346:11,360:22, 402:11,430:7, 475:12minutes [8] - 180:11,180:13, 240:3,240:11, 276:4,296:2, 319:20,389:16misadventures [1] -200:12misconduct [1] -236:10misconstrue [1] -217:4missed [3] - 255:17,368:8, 430:18missing [2] - 472:13,472:16mission [1] - 439:14Missouri [22] - 165:9,165:10, 217:12,217:16, 217:17,217:20, 217:24,218:2, 218:7, 229:7,276:23, 277:4,313:21, 406:14,444:17, 475:18,476:7, 476:15,476:18, 476:20,477:2, 478:2misstate [1] - 217:4mistake [1] - 353:1misunderstand [1] -256:7misunderstood [1] -220:23mitigated [1] - 182:13
28Mitigation [4] -298:13, 360:6,360:18, 361:16mitigation [10] -326:17, 340:16,343:6, 410:22,425:15, 465:1,465:22, 478:4,478:7, 479:14mix [1] - 488:14MLVs [3] - 286:23,291:5, 291:6Mni [1] - 477:24model [2] - 188:2,188:5Model [1] - 164:7modeling [1] - 188:1models [1] - 270:9modern [1] - 196:10modifications [4] -185:9, 185:11,472:1, 472:12modified [1] - 386:13modify [1] - 206:17Moeckly [1] - 166:8MOECKLY [1] -176:16molecule [1] - 267:4molecules [2] -264:22, 267:1moment [2] - 271:7,379:3Monday [1] - 296:8money [1] - 211:14Monica [15] - 238:22,259:1, 272:1, 273:1,310:21, 314:16,315:2, 318:7, 319:5,331:24, 393:8,393:13, 393:15,394:9, 466:9MONICA [2] - 169:11,179:3monitor [1] - 277:11monitoring [2] -323:6, 323:10month [1] - 202:11months [9] - 330:4,330:9, 355:21,355:22, 400:14,414:2, 436:7, 446:11morning [19] - 180:3,194:4, 194:6,202:18, 202:19,202:22, 237:12,237:13, 241:21,242:25, 289:14,301:8, 301:9, 363:2,363:9, 364:14,381:1, 381:3, 497:19
009021
most [11] - 208:4,251:4, 358:15,366:7, 367:22,367:23, 368:22,374:22, 386:21,391:24, 438:12mostly [1] - 250:25Motion [4] - 166:14,166:15, 240:14,242:19motion [13] - 239:18,240:21, 241:15,242:10, 252:23,343:22, 347:6,348:2, 348:3, 349:9,467:1, 467:16,496:14motions [2] - 199:4,434:16motivated [2] - 371:6,371:9motor [1] - 264:12mouth [1] - 182:17move [35] - 182:6,186:2, 190:18,201:4, 233:14,239:18, 242:23,289:22, 299:16,299:23, 302:23,308:24, 337:18,338:7, 338:9,338:17, 343:1,346:2, 346:7,347:22, 348:1,348:23, 349:3,364:6, 370:23,371:3, 404:2,431:21, 431:22,442:24, 445:10,445:11, 449:13,456:8moved [7] - 261:14,261:19, 280:20,340:7, 371:23,483:17, 483:22movement [2] - 219:5,339:5movements [1] -269:22moving [10] - 239:19,240:25, 261:21,270:25, 431:13,431:23, 449:21,464:19, 485:11,485:12MR [160] - 180:18,209:20, 210:6,210:9, 219:17,219:22, 220:2,221:14, 221:18,
229:22, 230:1,230:4, 230:16,230:22, 231:13,240:1, 240:8,240:15, 241:24,242:5, 242:14,243:1, 243:4,243:12, 243:14,244:7, 244:9,244:11, 250:9,250:15, 250:17,252:10, 253:1,253:4, 253:9, 258:7,258:9, 259:23,260:7, 260:12,268:4, 268:6, 271:7,271:9, 275:21,280:4, 289:11,294:16, 294:19,295:14, 295:21,296:5, 296:10,296:14, 296:18,298:19, 299:16,299:23, 300:1,300:6, 300:25,306:13, 306:18,324:17, 324:19,324:25, 325:3,326:6, 326:11,327:2, 327:8,327:17, 328:2,337:20, 337:25,338:11, 339:9,343:10, 345:12,345:20, 345:25,346:1, 346:6,346:24, 347:5,347:17, 357:2,363:15, 363:18,363:22, 364:1,364:3, 364:6,364:13, 364:25,365:5, 374:4, 374:8,375:3, 375:6,375:10, 375:24,379:17, 379:19,387:8, 389:14,389:19, 390:12,390:25, 392:22,398:6, 398:12,419:9, 420:7, 420:9,420:13, 420:18,420:21, 421:6,421:15, 421:20,421:23, 422:3,422:5, 422:9,422:10, 422:12,422:15, 424:8,427:22, 428:2,428:5, 428:9,428:24, 429:9,
430:2, 430:8,430:18, 430:22,441:6, 444:8, 445:1,445:8, 445:14,447:12, 447:18,449:19, 450:14,454:22, 456:8,456:16, 462:10,462:25, 470:12,480:18, 493:18,493:23, 497:1,497:12, 497:21MS [415] - 180:16,180:23, 180:25,181:2, 188:10,188:12, 194:3,209:9, 209:17,210:4, 210:8,210:10, 210:12,219:19, 219:20,219:23, 221:16,229:25, 230:3,230:25, 231:14,231:16, 231:19,237:6, 237:7, 237:9,237:11, 238:25,239:2, 239:3, 239:6,239:16, 239:24,240:4, 240:10,240:13, 241:16,241:17, 241:22,242:3, 242:10,242:15, 242:17,242:21, 242:22,243:2, 243:5, 243:8,243:9, 243:19,243:21, 243:22,243:23, 243:24,250:11, 250:13,250:14, 252:12,252:13, 252:14,252:16, 252:17,252:18, 252:24,253:3, 253:6,253:10, 253:12,253:13, 255:12,255:14, 255:17,258:5, 259:5, 259:6,259:8, 260:2, 260:4,260:6, 260:8,260:11, 260:13,260:15, 260:18,262:21, 262:23,262:24, 262:25,263:4, 263:6, 265:2,265:5, 265:7, 266:6,266:8, 267:12,267:14, 267:19,267:21, 267:24,268:2, 268:5, 268:7,268:12, 268:17,
268:20, 269:6,269:9, 269:10,270:11, 270:15,270:17, 271:2,271:5, 275:19,280:5, 280:7, 280:9,282:15, 282:18,284:10, 284:13,284:16, 285:16,285:18, 286:4,286:19, 288:7,288:9, 289:3, 289:6,289:7, 289:8, 289:9,289:10, 289:13,292:16, 292:20,292:22, 294:13,294:14, 294:17,295:15, 295:18,295:19, 296:3,296:9, 296:11,299:17, 299:24,300:5, 300:21,301:2, 301:4, 301:7,306:15, 319:15,319:18, 319:22,319:24, 319:25,320:5, 324:12,324:13, 324:15,324:16, 325:2,326:10, 326:12,327:19, 327:22,328:7, 338:6,338:12, 339:11,339:12, 339:14,343:1, 343:9,343:18, 343:21,343:22, 343:24,345:14, 346:2,346:5, 346:8,346:21, 347:4,347:11, 348:4,348:21, 349:8,349:9, 357:3, 357:4,357:5, 357:7, 357:9,357:25, 358:1,364:8, 364:10,364:12, 372:9,374:1, 376:4, 376:5,376:10, 378:2,378:3, 378:5, 378:8,378:10, 378:25,379:1, 379:2, 379:4,379:5, 379:7,379:15, 379:16,386:15, 386:16,387:10, 387:14,389:11, 389:15,389:18, 393:6,393:8, 393:12,397:6, 397:9,397:10, 397:11,
29397:20, 397:22,398:8, 398:9,398:14, 398:19,399:12, 399:15,399:18, 403:16,403:18, 404:2,404:3, 404:5, 404:7,404:9, 404:11,410:1, 410:3,416:11, 416:15,416:18, 416:23,416:25, 417:3,419:2, 419:4, 420:8,420:11, 420:15,420:19, 421:3,421:5, 421:10,421:16, 421:19,422:11, 422:14,422:16, 424:4,424:7, 424:20,427:25, 428:3,428:6, 428:10,428:11, 428:14,428:16, 428:22,429:1, 429:6,429:24, 430:1,430:4, 430:7,430:14, 430:20,430:24, 430:25,431:1, 440:24,441:12, 444:6,444:22, 445:5,445:13, 447:10,447:13, 447:17,449:12, 449:17,454:18, 454:21,455:2, 455:19,455:23, 456:2,456:7, 456:12,456:25, 458:2,458:5, 458:18,458:21, 459:6,459:8, 460:25,461:4, 462:6,462:16, 462:22,463:1, 463:4,464:18, 466:4,466:5, 466:11,466:12, 466:13,466:14, 467:1,467:2, 467:16,467:18, 468:17,470:8, 470:13,471:16, 471:17,472:5, 472:7, 472:8,473:4, 473:7, 474:2,474:4, 474:5,475:12, 475:13,475:20, 475:22,475:25, 477:20,477:23, 478:22,
009022
478:24, 478:25,480:23, 481:1,481:2, 481:4, 481:6,481:15, 481:16,481:18, 481:19,481:21, 481:23,482:22, 482:23,483:11, 487:16,489:19, 489:24,490:1, 490:3, 491:4,491:5, 491:7,493:20, 494:2,494:24, 494:25,495:2, 495:3, 495:5,495:18, 495:19,495:22, 495:24,496:1, 496:3, 496:4,496:5, 496:12,496:14, 496:16,496:17, 496:20,496:21, 496:25,497:4, 497:8,497:10, 497:14,497:15, 497:19,498:1mud [7] - 314:1,314:22, 317:17,318:4, 318:19multi [3] - 203:8,278:1, 452:9multi-species [1] -278:1multi-stepped [1] -203:8multiple [5] - 233:21,245:20, 254:13,259:23, 347:18multitude [1] - 473:19Municipal [1] - 167:9municipality [1] -200:15murdered [1] - 232:22MURRAY [1] - 177:4Murray [1] - 166:8must [6] - 215:23,267:8, 293:4,420:17, 457:6, 458:7
N
name [11] - 227:4,260:19, 271:22,280:24, 281:13,287:19, 296:19,296:21, 320:8,324:20, 393:13names [12] - 195:1,195:3, 195:6,195:18, 231:11,370:7, 370:15,
391:4, 391:20,391:23, 392:2, 392:9NANCY [1] - 176:3Nancy [1] - 166:11narrow [2] - 275:1,486:10Nation [3] - 215:11,470:1, 475:8national [4] - 198:12,198:15, 199:25,235:10National [12] - 287:15,287:19, 422:20,423:6, 435:18,442:6, 457:7, 458:1,468:22, 474:13,480:16, 495:7nationwide [5] -225:13, 225:17,225:21, 266:19,425:4Nationwide [2] -204:3, 225:25Native [2] - 415:2,442:21native [3] - 469:4,470:17, 476:9natural [16] - 180:5,180:12, 198:1,223:14, 240:8,335:25, 336:2,336:5, 336:7,336:12, 336:14,338:2, 339:7,432:14, 486:13,488:14nature [10] - 232:2,240:20, 290:16,293:13, 293:19,302:21, 413:24,483:24, 484:5,485:20navigable [1] - 207:16near [9] - 223:8,250:2, 274:8,386:24, 416:3,417:23, 475:16,476:5, 476:7nearest [2] - 329:1,363:7necessarily [9] -198:11, 269:23,315:8, 317:23,317:24, 334:22,339:22, 384:14,434:5necessary [7] - 189:9,315:24, 319:10,326:3, 374:14,381:8, 461:21
necessitate [1] -203:15need [55] - 180:7,198:13, 210:14,240:1, 242:1,263:13, 263:17,266:1, 266:2, 266:4,267:25, 272:23,289:15, 289:17,290:8, 295:12,298:19, 304:13,315:23, 326:8,330:24, 333:15,338:12, 338:15,345:21, 346:6,349:4, 354:6,356:14, 369:18,370:19, 371:12,371:15, 383:19,389:23, 395:4,400:11, 400:20,402:8, 406:23,408:12, 410:23,421:17, 422:17,424:23, 428:3,433:7, 433:20,434:4, 434:8,434:14, 440:18,457:15, 461:9, 480:4needed [6] - 274:14,307:22, 338:17,361:15, 368:3, 371:3needs [25] - 240:4,264:25, 265:9,265:20, 265:21,265:22, 266:5,266:10, 266:12,266:19, 267:17,268:10, 268:23,269:3, 269:12,269:13, 270:10,270:13, 271:11,319:12, 323:23,347:1, 347:5, 348:11negative [1] - 487:13negotiate [3] - 207:12,208:8, 324:3negotiated [2] -208:23, 209:4negotiating [1] - 209:5negotiations [1] -334:18neighborhood [1] -211:15neighboring [3] -190:5, 190:11, 205:2Nelson [45] - 168:7,168:12, 169:6,169:14, 169:21,170:8, 170:13,
170:17, 171:5,171:10, 171:17,172:6, 172:14,172:19, 173:5,173:6, 173:13,173:21, 174:5,174:8, 174:10,174:15, 174:20,175:10, 175:11,175:15, 176:9,176:18, 177:20,178:9, 178:13,178:18, 179:6,188:13, 220:3,220:15, 221:14,231:21, 237:15,368:5, 373:4,374:10, 390:1, 488:8NELSON [59] - 162:13,180:1, 188:14,189:12, 189:15,189:23, 191:2,192:3, 192:6,192:19, 192:24,193:7, 193:9,193:23, 206:11,206:20, 206:23,208:14, 209:2,209:7, 253:14,254:19, 255:10,327:20, 327:23,338:9, 348:22,358:2, 358:16,358:23, 359:8,359:22, 360:1,360:21, 360:24,361:4, 361:8,361:13, 362:12,362:17, 362:23,363:1, 363:17,364:15, 364:20,365:2, 365:6, 365:9,373:9, 373:15,373:18, 373:20,375:12, 390:7,390:21, 445:9,482:24, 483:6,496:11Nelson's [1] - 372:11NEPA [24] - 204:14,209:17, 211:2,211:5, 212:7, 212:9,214:14, 214:17,215:4, 215:11,215:12, 215:17,215:22, 216:4,216:9, 216:13,216:20, 216:21,216:25, 217:2,217:5, 434:23,434:24
30Network [3] - 163:4,339:16, 463:6network [1] - 270:22neutral [1] - 234:1never [11] - 184:8,184:9, 217:9, 255:7,276:8, 321:10,325:14, 390:19,423:7new [9] - 182:25,183:2, 183:7, 183:9,307:5, 316:10,326:13, 345:18,372:6newly [1] - 360:5news [1] - 276:20next [23] - 189:15,242:1, 260:10,295:20, 302:23,311:11, 330:16,352:11, 352:16,353:7, 374:13,383:22, 393:6,419:5, 434:21,442:2, 445:13,496:6, 496:10,496:11, 496:15,497:12NHPA [2] - 479:22,480:11Nickel [1] - 165:19night [2] - 194:10,380:11nitrogen [1] - 207:23noise [1] - 336:6noises [3] - 336:1,336:13, 336:15non [1] - 442:21non-Native [1] -442:21nondiscriminatory [1]- 283:24nondisturbed [1] -409:10none [10] - 227:18,227:19, 237:5,342:24, 342:25,466:10, 475:24,477:4, 477:5nonetheless [1] -230:9nonexclusive [2] -434:9, 434:12nonexistent [1] -455:21nongovernment [1] -203:11nonprofit [1] - 320:10nonsaturated [2] -304:9, 304:18
009023
noon [1] - 180:10normal [7] - 182:10,254:24, 255:1,323:16, 399:21,409:1, 451:22north [1] - 197:9North [14] - 164:6,183:21, 205:20,205:24, 234:24,301:25, 380:1,444:1, 444:5,444:12, 444:16,444:21, 445:4, 446:3northern [3] - 427:17,429:11, 429:22Northrup [17] - 163:9,168:6, 168:10,169:4, 169:20,172:5, 173:17,176:4, 177:17,237:8, 252:17,289:8, 320:3, 320:8,419:4, 481:16,496:12NORTHRUP [9] -237:9, 237:11,238:25, 252:18,289:9, 320:5,324:12, 481:18,496:14northwestern [1] -205:20nose [2] - 431:18,492:16Notary [2] - 499:7,499:18note [1] - 194:20noted [1] - 287:11notes [2] - 194:10,283:12nothing [20] - 234:9,237:6, 243:8, 250:9,252:16, 271:2,295:18, 319:15,378:25, 379:15,387:8, 409:7,417:21, 419:2,460:6, 460:12,470:5, 487:11,491:4, 494:24nothing's [2] - 414:16,491:1notice [5] - 268:13,300:14, 351:21,430:23notices [3] - 251:15,251:24, 252:3notification [4] -225:1, 225:6,225:10, 400:23
notifications [1] -424:22noting [1] - 346:23November [1] - 446:10nowhere [1] - 416:3noxious [5] - 331:20,331:23, 494:13,494:21number [48] - 183:22,187:24, 200:6,207:5, 212:9, 249:8,255:25, 275:23,288:3, 288:5,289:20, 289:24,305:18, 305:20,306:19, 307:10,307:12, 319:5,331:17, 347:1,355:21, 362:6,363:14, 364:16,371:1, 378:18,382:4, 382:6, 385:6,385:18, 386:8,398:4, 398:20,398:22, 404:22,414:9, 421:5,426:17, 447:22,449:20, 454:22,462:1, 473:9,480:25, 488:2,489:10, 497:22Number [1] - 421:24numbers [1] - 373:6numerous [6] - 303:4,315:16, 315:23,329:13, 386:24,464:21nuts [1] - 395:17
O
o'clock [1] - 180:5Oahe [1] - 165:8oath [3] - 260:16,296:16, 393:10object [29] - 229:22,259:23, 268:12,270:11, 275:19,282:15, 284:10,296:5, 300:1, 326:6,327:17, 337:20,337:24, 346:6,357:2, 397:6, 410:1,416:11, 416:23,421:10, 430:14,440:24, 445:5,455:19, 462:6,462:22, 470:8,472:5, 473:4objecting [1] - 279:16
objection [72] -230:23, 230:24,230:25, 231:1,243:1, 243:2, 243:4,243:19, 262:25,265:2, 266:6,267:12, 267:19,268:20, 269:7,284:16, 285:16,286:4, 288:7, 296:3,299:17, 299:19,299:24, 300:19,300:21, 326:12,327:23, 328:7,338:10, 343:11,343:21, 346:5,348:2, 364:8,386:15, 386:17,397:22, 398:6,398:19, 399:12,399:18, 403:16,404:3, 416:18,417:4, 424:4,424:20, 429:24,430:4, 444:6,454:18, 455:2,456:3, 456:13,456:25, 458:2,458:18, 459:6,459:9, 460:25,471:16, 472:8,473:7, 474:2,475:20, 477:20,478:22, 478:25,481:2, 493:18,494:1, 494:2Objection [1] - 480:23objections [1] - 386:4obligated [1] - 247:3obligation [1] - 212:23observations [1] -446:10observed [5] - 380:9,400:7, 438:16,438:17obtain [4] - 271:11,356:3, 381:8obtained [1] - 272:23obtaining [3] - 272:10,315:2, 432:16obtains [1] - 294:5obvious [1] - 285:19obviously [4] -364:15, 366:25,373:20, 497:16occur [5] - 202:12,247:4, 279:15,317:10, 468:8occurred [8] - 243:17,282:25, 394:19,
398:10, 398:16,398:21, 399:5,415:16occurrence [2] -398:17, 447:6occurrences [1] -482:1occurring [1] - 442:12occurs [2] - 207:14,447:1October [3] - 162:8,330:15, 499:14OF [8] - 162:2, 162:4,162:4, 163:13,167:8, 499:1, 499:3offenders [3] - 235:24,235:25, 236:5offense [1] - 345:5offer [6] - 262:23,262:24, 397:14,464:20, 467:13,467:14Offer [1] - 166:13offered [5] - 243:5,367:16, 386:7,399:3, 425:15offering [1] - 456:16offhand [2] - 195:7,381:15office [13] - 213:3,213:5, 213:7,213:19, 213:20,214:5, 232:25,340:3, 340:4, 387:1,387:2, 469:18Office [1] - 203:25officer [1] - 491:17official [1] - 424:3officially [3] - 189:6,208:25, 423:24Officials [1] - 164:24officials [6] - 189:18,204:22, 370:4,371:2, 391:4, 391:9often [3] - 285:14,399:7, 487:3oftentimes [1] -399:25oil [24] - 205:17,205:18, 206:1,206:15, 217:23,218:1, 244:18,264:7, 264:12,264:14, 264:16,264:22, 266:14,266:16, 266:19,266:21, 266:23,267:2, 270:25,285:3, 334:20,335:1, 341:15,
31454:11old [6] - 197:18, 327:6,345:18, 347:14,400:14, 429:10older [2] - 197:17,428:19Olson [1] - 165:16OLSON [1] - 171:7Oltmanns [1] - 166:9OLTMANNS [1] -176:13once [5] - 217:21,245:19, 333:21,371:23, 399:23One [1] - 291:16one [127] - 181:13,183:5, 183:20,184:16, 187:9,189:6, 190:21,190:25, 192:2,192:4, 193:11,193:12, 194:11,194:21, 195:4,198:5, 198:17,203:9, 203:13,204:2, 208:23,210:18, 211:13,212:9, 212:11,218:4, 218:13,220:8, 226:1,228:24, 230:18,234:22, 234:23,236:11, 238:23,244:20, 246:18,246:22, 246:24,247:21, 253:14,257:15, 260:12,262:14, 268:6,273:12, 273:20,274:7, 278:11,281:8, 281:10,281:13, 298:5,301:15, 302:23,319:19, 319:25,321:13, 321:15,321:17, 325:25,327:14, 328:4,328:6, 328:9,345:17, 346:9,347:15, 348:14,349:18, 350:14,351:7, 351:8,351:10, 351:13,351:19, 351:20,352:11, 352:16,353:3, 353:7, 356:1,356:22, 358:6,362:20, 363:2,365:5, 378:6, 379:5,385:8, 385:9, 386:9,
009024
388:23, 389:4,390:3, 392:13,392:18, 394:20,396:15, 396:18,396:24, 402:17,402:19, 405:25,415:15, 426:13,426:22, 428:19,429:1, 429:3,429:18, 430:7,431:13, 431:20,434:8, 437:23,438:5, 447:7,455:15, 456:20,469:18, 482:24,484:25, 486:18,495:2one's [2] - 217:2ones [11] - 183:18,194:11, 282:13,283:2, 298:15,298:16, 305:7,365:22, 432:19,482:4, 482:7ongoing [14] - 241:21,242:18, 308:25,309:15, 309:19,309:22, 309:25,310:5, 310:7,310:12, 311:10,400:24, 442:11Onida [1] - 499:13OPA [1] - 188:25open [7] - 246:3,282:24, 283:22,391:22, 400:16,416:1, 417:18operate [4] - 183:18,208:12, 250:25,251:6operates [3] - 251:3,422:4, 422:5operating [14] -183:12, 183:13,183:15, 183:17,183:23, 183:25,184:2, 184:11,200:17, 222:5,222:6, 222:7, 251:2operation [12] -208:24, 230:7,247:11, 250:19,250:20, 261:9,293:16, 442:7,456:1, 456:11,456:22operations [9] -191:17, 245:22,255:6, 261:15,261:16, 261:17,
261:20, 261:23,277:19operator [4] - 183:12,184:1, 244:18,292:14operators [1] - 183:21opinion [19] - 187:11,199:14, 199:24,210:24, 226:20,227:18, 236:20,236:21, 256:25,257:21, 269:5,343:7, 346:14,386:21, 401:3,425:3, 438:2,449:10, 465:12opinions [2] - 436:10,456:17opportunities [2] -199:22, 380:18opportunity [13] -199:18, 199:20,221:10, 225:16,230:1, 239:18,241:19, 323:14,328:2, 380:21,397:17, 469:5, 475:2oppose [1] - 300:19opposed [3] - 210:22,213:15, 406:25opposite [2] - 259:15,286:2optimizations [1] -262:1optimum [1] - 382:5option [3] - 208:7,362:18, 415:23oral [2] - 239:18,241:15Orchid [1] - 167:7order [9] - 180:2,248:21, 250:6,347:18, 384:23,433:5, 495:22,496:7, 497:6Order [2] - 166:14,248:16orderly [1] - 267:9orders [4] - 253:5,253:7, 300:4, 460:3ordinances [2] -356:11, 356:25org [1] - 220:10organization [8] -203:11, 203:12,220:11, 224:10,224:12, 245:18,293:8, 441:4organizations [4] -469:4, 470:18,
480:15, 480:22origin [1] - 375:23original [24] - 181:6,181:16, 181:17,181:18, 181:23,304:8, 304:17,305:25, 306:16,306:22, 306:24,306:25, 307:2,325:25, 326:20,326:21, 326:22,327:9, 331:16,348:18, 364:11,386:13, 388:12,401:15originally [6] - 181:11,181:15, 290:2,307:18, 382:8,404:22originates [1] - 205:20ORRIN [1] - 175:13osmosis [1] - 272:18otherwise [2] -408:19, 496:23outdoor [1] - 277:23outer [1] - 197:15outreach [5] - 415:24,415:25, 417:7,417:16, 417:20outside [21] - 182:6,186:3, 199:8,224:11, 229:23,230:20, 231:2,294:7, 294:9,294:12, 302:4,302:25, 355:15,355:16, 397:7,411:25, 416:13,454:18, 457:18,488:13, 490:22overall [4] - 297:4,297:10, 344:21,396:1overcome [1] - 365:21overlap [1] - 373:7overpressure [1] -358:11overrule [1] - 300:21overruled [25] - 265:7,266:8, 267:24,268:20, 269:6,270:17, 282:18,284:16, 326:12,327:19, 343:21,397:22, 398:19,399:18, 410:3,416:18, 417:4,424:20, 441:12,456:25, 472:8,473:7, 475:25,
478:25, 494:2oversee [3] - 219:3,273:24, 481:13overseeing [4] -404:16, 405:5,438:15, 445:20overseen [1] - 495:11overstates [1] -343:11own [12] - 250:23,254:5, 282:3, 354:1,357:12, 375:2,380:15, 403:16,405:22, 415:10,438:9, 467:13owned [3] - 251:7,390:3, 492:7owners [1] - 188:17ownership [4] - 208:9,208:10, 220:12,221:25owns [3] - 246:11,357:14, 357:15
P
p.m [1] - 498:4pack [1] - 207:22packaged [1] - 214:21packaging [4] - 200:3,212:21, 256:3page [31] - 166:14,181:4, 244:13,286:17, 291:6,326:1, 326:2, 326:4,326:13, 327:9,359:9, 360:3, 360:9,363:5, 372:12,400:17, 400:18,402:7, 402:11,402:14, 403:7,403:8, 423:3,427:10, 428:15,440:7, 441:24,461:25, 468:20PAGE [25] - 164:2,165:2, 165:13,166:2, 167:2, 167:8,167:12, 167:15,168:2, 169:2, 170:2,170:14, 171:2,172:2, 173:2,173:19, 174:2,174:6, 175:2, 176:2,177:2, 177:15,178:2, 178:5, 179:2Pages [1] - 162:10pages [2] - 219:13,219:16
32paid [1] - 409:12PAIGE [1] - 171:7Pallid [4] - 167:4,167:5, 437:24, 439:5PAMSA [1] - 251:22Pape [3] - 435:23,435:24, 471:6paper [5] - 222:18,222:20, 339:21,420:17, 473:21papering [1] - 222:16papers [1] - 432:1paperwork [2] - 340:1,340:3paraphrase [1] -257:23parcels [1] - 389:1pardon [4] - 299:13,354:21, 355:11,471:9parent [5] - 237:17,239:12, 239:22,248:8, 280:17parents [5] - 189:4,189:5, 189:7,221:21, 248:11parking [3] - 308:10,387:2, 387:3parks [2] - 380:19,400:3Parks [1] - 277:23part [48] - 182:9,199:5, 199:7,208:22, 208:23,211:5, 211:17,211:20, 211:24,214:11, 221:11,229:12, 234:12,234:17, 249:7,254:3, 254:10,254:20, 255:5,263:15, 272:19,278:21, 283:24,345:21, 381:23,399:19, 399:24,400:2, 407:24,423:14, 425:22,439:6, 445:17,445:21, 446:1,452:5, 452:7,452:20, 453:6,454:24, 470:19,472:17, 473:2,482:17, 487:7,488:18, 488:24,494:20partial [3] - 301:14,301:16, 301:17partially [2] - 256:18,375:24
009025
participants [2] -391:23, 392:10participate [9] - 246:1,369:25, 415:3,415:10, 419:10,419:13, 419:19,445:22, 469:10participated [5] -394:22, 427:12,427:13, 452:7, 465:6participating [3] -405:6, 432:16,445:20participation [5] -214:12, 468:12,469:12, 469:14,469:16particular [12] - 209:3,237:3, 264:20,265:25, 303:8,303:25, 309:15,424:11, 453:9,473:1, 479:5particularly [2] -220:4, 267:4parties [11] - 183:11,209:22, 234:1,242:24, 244:5,324:5, 397:13,417:25, 420:17,421:2, 421:8parties' [1] - 209:23partners [1] - 221:25Partners [5] - 222:2,260:24, 281:1,281:19, 463:10parts [4] - 229:3,241:1, 445:18,457:10party [10] - 189:3,210:21, 210:23,224:22, 234:5,234:7, 245:3, 291:2,291:14, 348:6pass [1] - 491:14passed [1] - 197:22passing [1] - 453:13past [4] - 247:2, 258:1,404:14, 407:20path [1] - 188:21pathway [1] - 450:23pathways [1] - 450:5pattern [6] - 362:10,412:18, 412:22,413:2, 413:5, 485:20patterned [1] - 361:24patterns [3] - 412:17,413:16, 413:20Pause [1] - 475:14paved [3] - 308:19,
308:22, 309:8pay [5] - 234:5,246:18, 253:17,254:5, 409:5paying [4] - 234:7,246:21, 246:23,247:4payment [1] - 255:2payments [1] - 409:13PCN [1] - 401:2Pearl [5] - 403:13,479:6, 479:7, 482:4,482:11pedestrian [2] -414:22, 414:24PEGGY [1] - 176:6people [58] - 183:1,183:4, 184:3,184:15, 184:16,195:2, 201:7,217:11, 217:15,228:9, 243:17,255:21, 264:24,264:25, 265:9,265:12, 265:20,265:23, 266:10,267:10, 301:21,301:25, 302:1,329:18, 336:25,337:1, 338:11,338:21, 348:11,364:23, 373:21,380:9, 380:18,380:20, 382:6,382:11, 385:7,385:11, 386:25,388:22, 389:1,389:2, 389:20,390:14, 391:20,391:22, 391:25,392:2, 392:10,455:6, 455:7,455:11, 467:10,473:24, 476:9,481:13, 497:23people's [3] - 191:17,228:12, 247:19per [4] - 237:23,266:15, 301:12,378:17percent [16] - 192:15,223:18, 229:4,229:6, 229:17,283:25, 302:5,302:6, 302:8,302:10, 302:11,322:10, 402:10,402:12, 402:13,468:9Perennial [1] - 435:22
perfectly [1] - 343:16perform [2] - 447:4,484:14performance [3] -248:13, 277:13,292:4performed [7] - 399:1,447:20, 448:18,448:22, 484:13,489:16performing [1] -404:23perhaps [7] - 206:21,250:6, 259:21,279:12, 345:13,361:6, 497:19period [4] - 202:11,246:25, 247:2, 274:4periods [2] - 274:4,488:20permanent [17] -302:16, 302:18,302:19, 331:2,331:9, 331:25,341:5, 341:10,360:19, 377:7,382:17, 382:19,425:6, 478:15,478:20, 488:9,488:13permanently [2] -377:5, 377:10permission [2] -273:8, 445:7Permit [49] - 185:9,204:3, 225:12,225:13, 225:17,225:21, 225:25,250:5, 267:7,271:13, 271:15,271:17, 271:20,271:23, 271:24,272:1, 272:4,272:11, 272:14,286:25, 312:6,317:2, 317:5, 318:6,327:16, 329:16,333:12, 333:15,333:18, 356:5,400:14, 400:21,401:25, 402:4,419:18, 433:6,433:24, 433:25,434:4, 435:1,435:10, 437:11,445:22, 446:2,457:21, 458:23,459:4, 460:14, 461:7permit [1] - 271:18PERMIT [1] - 162:5
Permits [1] - 461:15permits [22] - 271:10,272:10, 272:22,272:25, 317:3,317:4, 317:6, 329:4,329:6, 329:11,329:13, 333:2,333:8, 356:3, 359:6,381:8, 402:6,419:24, 425:4,432:17, 457:15,461:21permitting [3] - 224:2,224:12, 315:2perpetuating [1] -277:23person [14] - 189:21,193:10, 193:22,218:21, 223:25,232:7, 236:15,244:22, 281:13,288:10, 292:9,348:20, 390:3,492:19personal [3] - 276:17,438:9, 443:1personally [5] - 193:3,198:18, 348:24,438:25, 443:16personnel [2] -410:14, 485:18perspective [7] -199:25, 223:25,224:3, 238:22,469:18, 485:3, 486:4pertaining [5] -269:19, 348:14,348:17, 432:20,432:21pertains [1] - 491:23pertinent [1] - 194:8pesticides [8] -451:15, 451:16,451:17, 451:20,483:1, 483:4, 483:6,483:8PETER [1] - 170:3Petition [1] - 166:17petroleum [1] - 290:23PETTERSON [1] -174:22Petterson [1] - 166:9phase [6] - 311:7,311:21, 311:23,312:3, 312:8, 312:9Phase [1] - 184:21Phillips [2] - 222:3,248:9PHMSA [13] - 251:10,251:16, 251:18,
33251:19, 251:20,251:24, 277:11,292:6, 292:7,294:23, 295:5,379:8, 448:22PHMSA's [2] - 186:8,294:21photography [1] -368:14Photos [5] - 166:19,166:19, 166:20,166:20, 166:21phrase [3] - 254:19,327:7, 327:13physical [2] - 184:14,311:25physically [1] - 321:3pick [1] - 217:22picked [1] - 382:7picking [1] - 324:25picture [1] - 390:2piece [1] - 203:9pieces [1] - 377:4Pierre [2] - 163:15,497:17pile [6] - 349:21,351:23, 384:4,384:5, 384:6, 421:11piles [3] - 383:21,384:23, 414:1pipe [52] - 206:17,207:19, 208:3,208:4, 208:5, 208:8,208:16, 228:23,250:7, 277:7,291:24, 307:25,315:22, 316:10,316:18, 316:21,318:20, 323:15,323:16, 332:5,332:8, 352:2,354:16, 354:19,355:2, 357:10,357:12, 357:14,357:16, 357:19,357:23, 358:11,359:2, 359:13,359:14, 359:20,359:23, 360:10,361:9, 370:25,371:19, 372:6,372:22, 378:17,381:15, 381:25,384:13, 410:25,486:25, 495:12pipe's [1] - 349:24PIPELINE [1] - 162:5pipeline [209] - 181:7,182:21, 183:18,186:2, 186:22,
009026
187:6, 187:14,187:19, 188:8,190:1, 190:7,190:10, 190:17,191:25, 193:6,193:14, 193:16,193:17, 193:19,194:14, 194:17,195:22, 196:6,196:8, 196:16,197:19, 197:20,198:6, 198:10,203:1, 203:5, 205:1,205:10, 205:15,205:24, 206:1,206:14, 207:1,207:5, 207:7,211:11, 211:14,213:12, 217:11,222:5, 223:8,227:14, 227:16,227:24, 228:6,228:15, 230:5,230:10, 231:6,233:4, 233:14,244:18, 247:5,247:13, 248:4,249:15, 250:4,250:20, 253:20,263:21, 264:2,264:6, 264:14,264:21, 265:19,266:5, 266:12,266:17, 266:24,269:20, 269:23,270:22, 270:25,276:12, 276:15,276:23, 277:4,277:10, 277:13,278:2, 278:20,279:3, 283:22,284:7, 285:3, 287:5,287:6, 288:11,289:16, 290:9,291:20, 293:25,294:3, 294:5, 294:6,294:8, 294:11,294:21, 295:6,297:2, 305:11,311:3, 312:6, 312:7,321:11, 321:22,323:2, 323:13,328:22, 337:13,343:14, 350:15,354:2, 354:22,354:24, 355:1,361:2, 361:6,363:25, 365:16,368:21, 368:25,369:18, 370:20,371:8, 371:13,
372:5, 377:1,377:14, 377:21,380:6, 381:5, 385:5,388:7, 388:15,394:25, 395:7,395:8, 395:23,396:25, 404:18,407:23, 409:10,409:16, 410:17,410:20, 412:16,413:16, 416:5,416:20, 425:6,425:12, 426:19,432:13, 438:11,439:4, 439:5,440:21, 441:9,441:13, 442:14,442:17, 442:23,442:24, 444:4,444:17, 448:6,448:12, 448:22,448:23, 449:1,452:3, 456:17,456:18, 456:22,457:1, 466:19,468:6, 469:21,469:25, 470:2,470:5, 472:11,472:20, 473:1,473:10, 474:17,475:17, 476:6,478:13, 480:7,483:17, 485:6,485:22, 486:12,487:24, 488:1,488:9, 488:10,490:12, 490:13,490:18, 494:4Pipeline [25] - 164:5,164:21, 164:22,184:21, 229:18,229:20, 238:9,274:9, 279:1,283:17, 294:20,296:25, 301:11,321:2, 322:6, 323:6,324:2, 329:7,329:12, 359:18,457:6, 475:8, 475:9,475:15, 476:3Pipeline's [1] - 166:13pipeline's [3] - 399:23,451:18, 453:13pipelines [44] -183:21, 183:24,183:25, 184:3,198:1, 205:22,223:19, 254:14,261:10, 293:13,293:15, 293:18,293:22, 331:17,
343:13, 343:19,343:20, 355:13,385:15, 385:16,386:19, 386:23,386:24, 387:1,387:6, 395:10,399:10, 399:20,399:22, 399:25,456:1, 456:11,486:7, 486:12,486:13, 486:14,486:17, 486:21,486:24, 487:6, 487:7pipes [5] - 228:11,355:19, 362:9,362:20, 385:9piping [5] - 437:1,444:3, 444:14,444:19, 444:21pipit [4] - 167:3,436:4, 436:14,436:22Pipit's [1] - 436:13pits [1] - 317:18PJE [1] - 459:15place [22] - 200:7,200:12, 203:7,207:17, 207:24,208:8, 227:23,245:15, 249:22,291:24, 323:6,332:2, 338:3,362:12, 381:1,381:20, 401:23,438:19, 449:10,473:6, 474:11,491:13placed [1] - 249:19placement [2] - 287:8,486:10places [3] - 249:14,303:4, 359:7placing [2] - 276:12,276:15plain [1] - 251:4plan [21] - 180:10,232:5, 326:1,326:17, 329:19,333:20, 333:22,401:3, 401:11,436:22, 437:2,437:7, 437:8, 438:1,439:5, 439:6,462:19, 488:19,494:17, 494:20Plan [15] - 164:6,164:7, 167:3, 167:3,167:4, 249:21,292:5, 292:13,292:14, 298:13,
360:6, 360:18,361:16, 439:16,440:3planned [4] - 330:4,490:17, 490:23,491:1planner [2] - 342:6,342:17planning [12] -185:19, 192:10,195:8, 195:9,340:25, 342:11,342:20, 342:23,343:6, 365:16,401:23, 435:24plans [21] - 204:22,206:2, 277:10,277:11, 288:11,288:14, 288:15,288:17, 288:18,288:19, 290:15,307:19, 324:7,324:10, 330:6,369:24, 381:3,401:24, 438:19,438:23, 460:24plant [1] - 408:23planted [1] - 409:7plants [6] - 442:10,442:14, 442:16,442:21, 494:13,494:21Platteville [2] - 432:5,432:7played [1] - 194:17plenty [1] - 187:2plethora [1] - 426:22plots [2] - 192:14,414:22plotted [1] - 192:16plover [4] - 437:1,444:3, 444:19,444:21plovers [1] - 444:15plus [4] - 196:8, 196:9,197:18, 361:10point [46] - 180:12,180:13, 188:20,189:5, 192:5,193:24, 199:11,200:1, 212:2,212:20, 212:23,215:7, 217:17,217:18, 218:20,220:6, 240:8,244:16, 247:24,289:22, 290:5,290:24, 295:22,311:8, 326:14,329:1, 337:23,
34358:13, 358:15,363:7, 365:6,370:22, 370:23,372:2, 372:14,373:13, 389:15,395:2, 396:6,397:16, 397:23,405:23, 408:2,423:14pointed [1] - 373:4points [2] - 212:24,256:16policies [6] - 201:14,239:21, 239:22,240:18, 241:13,460:4Policy [2] - 259:10,474:14policy [10] - 203:2,203:5, 203:20,235:20, 236:2,236:19, 238:3,238:9, 248:2, 370:4policymakers [5] -195:13, 391:14,392:16, 392:17,392:19pollution [1] - 218:7pool [1] - 270:22Pool [1] - 165:8poor [1] - 211:15populated [11] -194:17, 289:16,290:10, 293:14,293:16, 293:25,368:22, 369:19,370:20, 371:13,485:7population [5] -181:11, 197:25,431:8, 440:16,492:17populations [2] -431:8, 489:8portion [8] - 197:2,197:4, 311:22,327:14, 327:15,345:6, 462:3, 468:19portions [4] - 256:7,342:5, 343:1, 400:19posed [1] - 199:16position [7] - 238:12,238:18, 241:12,242:20, 260:25,261:12, 393:20positions [2] - 261:15,404:13positive [1] - 487:11possibility [4] - 228:7,333:11, 333:16,
009027
431:12possible [9] - 225:10,359:1, 448:16,448:17, 455:8,455:16, 478:19,479:3, 493:15possibly [8] - 266:5,266:11, 359:3,366:9, 378:21,415:22, 444:4, 445:3post [1] - 416:6postconstruction [1] -494:16potential [15] - 181:24,185:8, 190:22,215:10, 218:1,218:7, 225:7,249:19, 251:16,403:4, 475:7,479:12, 479:14,484:2, 490:23potentially [13] -205:7, 338:4, 341:7,341:12, 341:16,454:16, 455:5,478:16, 478:18,479:1, 479:3, 479:5,485:18power [1] - 270:21practical [2] - 185:23,207:11practically [2] - 206:7,273:13practice [11] - 209:12,209:22, 248:2,254:24, 255:1,300:6, 303:13,303:20, 391:18,399:22, 415:6practices [1] - 286:5Prairie [1] - 167:7precedents [1] -188:24precolonial [1] - 416:6preconstruction [6] -400:22, 424:21,488:15, 488:20,490:25, 494:23predate [1] - 308:21predetermined [1] -187:12preface [1] - 417:3prefaced [1] - 375:25prefer [3] - 240:7,395:9, 434:6preference [1] -496:25preferences [1] -398:24prefiled [10] - 181:3,
185:8, 286:18,300:7, 319:7,343:25, 397:7,397:12, 454:19,468:20preliminary [1] -315:20Preliminary [1] -166:15preparation [4] -215:16, 282:20,284:21, 287:25preparatory [1] -347:6prepare [10] - 214:23,214:25, 262:7,299:2, 348:11,364:1, 368:8,427:11, 443:4,445:15prepared [29] -245:24, 282:2,283:12, 284:14,284:15, 285:18,285:20, 285:22,285:23, 287:25,288:19, 342:2,342:13, 346:10,349:3, 364:3, 368:8,435:16, 435:17,435:19, 435:21,466:8, 466:9,466:22, 471:18,496:23, 497:3, 497:7preparing [7] -277:21, 282:22,340:1, 427:13,433:11, 436:5,443:12prescribed [1] -212:25prescriptive [1] -188:23prescriptively [2] -203:17, 204:6presence [9] - 336:17,336:20, 337:1,337:6, 403:4, 455:4,455:16, 479:12,485:18present [14] - 198:3,268:22, 343:20,348:7, 356:14,388:10, 398:4,410:5, 415:17,415:18, 446:14,450:10, 465:6, 480:8presented [7] -258:23, 348:6,348:9, 398:22,
399:8, 465:8, 465:11presenting [2] -410:19, 465:9presently [2] - 197:20,290:21Preservation [4] -203:25, 435:18,468:23, 495:8president [9] - 218:23,218:24, 219:9,261:1, 261:12,261:20, 280:23,281:22, 281:23presidents [2] -218:25, 281:21pressures [1] - 358:11presumably [3] -273:7, 279:19, 441:7pretty [7] - 206:6,234:11, 255:25,330:24, 354:25,364:16, 487:22preventative [1] -188:5preview [1] - 241:4previous [4] - 280:24,308:12, 409:17,411:11previously [12] -199:16, 298:2,298:8, 300:12,307:7, 308:6,308:14, 308:17,308:20, 310:4,310:17, 327:3primary [4] - 195:2,195:7, 418:6, 484:10principal [2] - 414:19,468:10priority [4] - 436:4,436:12, 484:7,494:10private [2] - 313:6,457:1problem [5] - 346:22,347:13, 442:17,451:4, 496:22problematic [1] -410:25problems [3] - 334:15,451:2, 451:7procedural [1] - 180:2procedure [1] - 200:17procedures [2] -207:21, 470:19proceed [6] - 180:24,296:4, 429:4,480:20, 496:22,496:24proceeding [9] -
229:24, 237:3,250:6, 262:10,322:25, 347:13,394:15, 397:15,401:10PROCEEDINGS [1] -163:13proceedings [6] -188:24, 221:11,321:16, 356:14,499:9, 499:12process [67] - 198:22,198:23, 199:5,199:7, 200:1, 200:3,203:9, 211:3, 216:4,216:20, 216:21,216:25, 217:5,221:8, 228:21,230:8, 230:9,233:16, 235:4,236:23, 250:20,254:3, 256:25,257:4, 257:5, 257:7,257:8, 272:3, 272:5,272:7, 273:4,282:25, 283:1,283:3, 283:8,290:13, 301:11,308:7, 310:22,312:10, 312:11,314:7, 314:8, 315:1,316:14, 332:20,333:23, 360:13,371:21, 381:12,381:23, 394:22,394:25, 396:11,396:12, 398:3,413:21, 434:18,452:24, 459:3,469:3, 469:23,473:6, 475:2, 488:18processes [1] -411:15produce [3] - 196:7,205:15, 264:17produced [6] - 230:17,256:24, 257:4,375:8, 482:13producing [3] - 196:4,205:14, 205:22product [6] - 206:6,217:2, 266:25,313:25, 314:20,395:3production [19] -198:12, 198:15,217:22, 253:17,265:14, 265:25,266:13, 266:18,341:8, 408:14,
35408:18, 408:20,408:21, 408:22,409:9, 440:16,440:17, 478:17productive [2] -367:22, 367:24products [7] - 206:13,264:8, 264:11,264:18, 264:19,264:23, 267:3professional [14] -219:1, 219:10,234:4, 234:9,255:20, 261:3,261:6, 276:16,281:4, 288:10,414:19, 438:17,480:15, 480:21Professional [2] -499:6, 499:19professionalism [1] -210:25professionals [3] -201:3, 234:3, 491:24program [6] - 226:16,245:15, 245:21,245:22, 291:16,452:20programatic [1] -425:2programmatic [1] -401:3programs [4] - 237:24,294:21, 294:24,295:6prohibit [2] - 338:19,455:10prohibition [1] - 294:2project [124] - 181:4,181:11, 181:15,183:10, 188:7,196:2, 199:10,201:11, 205:20,210:22, 214:15,215:18, 216:5,217:23, 220:12,221:25, 225:2,225:7, 225:20,236:15, 246:5,246:21, 247:1,256:1, 257:23,261:14, 261:24,264:2, 265:6,271:12, 272:24,274:15, 297:3,297:5, 297:10,302:22, 303:2,305:6, 305:9,305:13, 305:14,307:15, 307:20,
009028
311:21, 312:2,312:4, 312:16,313:21, 314:25,315:17, 317:11,320:12, 328:10,328:14, 329:1,340:2, 344:23,345:1, 355:6,356:12, 357:1,363:6, 372:13,377:14, 382:6,383:3, 385:2,386:22, 394:23,395:15, 396:1,396:4, 404:20,404:21, 405:16,406:3, 406:5,406:16, 407:9,407:22, 412:17,413:15, 415:15,416:1, 417:20,418:1, 423:8,423:23, 424:22,427:9, 427:16,432:20, 432:21,432:22, 439:19,444:12, 447:7,457:13, 459:15,459:20, 461:17,461:19, 461:20,462:13, 462:20,466:15, 468:22,474:25, 475:11,476:17, 476:20,482:16, 484:19,485:16, 488:22,489:17, 491:24,492:1, 492:13,493:16, 494:7,494:16, 494:17,495:17project's [1] - 346:16projections [1] - 196:7projects [16] - 198:19,201:5, 201:6, 219:6,281:21, 281:23,380:6, 404:18,405:3, 405:5, 406:2,407:6, 407:7,432:13, 475:6promised [1] - 447:13prompted [1] - 206:11pronounce [2] -251:21, 435:4pronounced [1] -251:20proof [1] - 230:14proper [3] - 233:11,251:21, 410:4properly [5] - 300:2,
341:20, 409:24,409:25, 450:25properties [12] -225:8, 232:1, 232:2,368:6, 368:24,368:25, 369:14,469:6, 469:7, 469:9,470:15, 480:7property [18] - 203:10,232:11, 247:18,247:20, 247:25,248:3, 253:22,253:24, 254:1,254:2, 254:8, 254:9,254:15, 294:7,354:12, 382:21,481:10, 486:20proposal [3] - 226:4,323:11, 490:24propose [1] - 483:2Proposed [2] -166:16, 472:2proposed [24] - 190:1,198:10, 225:2,258:12, 258:23,259:4, 268:11,268:24, 269:4,270:22, 274:16,274:20, 320:11,413:15, 418:1,439:4, 458:16,459:25, 460:10,460:20, 479:14,488:16, 488:25proprietary [2] -239:14, 240:19proprieties [1] -230:20protect [4] - 223:3,248:25, 249:23,479:14protected [7] - 213:3,291:15, 418:11,427:2, 431:14,455:12, 492:20protection [16] -196:11, 237:22,248:25, 249:14,249:25, 277:9,277:11, 277:13,277:19, 323:12,338:2, 396:21,429:17, 431:10,432:24, 461:16protections [1] -484:14Protective [1] - 248:16protective [2] -248:24, 253:1protocol [1] - 208:12
prove [2] - 255:3,255:4proved [1] - 254:21provide [62] - 189:9,196:3, 198:20,198:22, 199:15,199:19, 200:2,210:16, 211:2,212:3, 214:12,215:21, 216:16,216:17, 218:10,220:5, 220:7, 221:5,225:15, 226:21,226:24, 239:20,241:13, 241:18,245:8, 245:11,248:15, 248:23,252:22, 252:23,256:3, 256:8,259:13, 259:16,259:25, 263:20,267:16, 267:25,268:9, 268:22,269:3, 278:24,282:5, 282:7,284:17, 296:1,297:12, 324:10,338:20, 370:6,370:9, 370:15,387:20, 388:4,397:13, 399:25,419:16, 421:18,476:9, 482:19,484:14provided [38] -189:13, 210:17,212:25, 214:2,214:20, 216:16,216:20, 220:8,220:9, 220:14,220:16, 226:23,241:2, 248:9,258:13, 258:14,259:4, 266:3,269:11, 282:8,282:9, 282:10,282:13, 283:13,283:18, 284:7,297:16, 346:11,349:14, 368:7,375:15, 401:13,414:6, 418:8,420:17, 456:14,474:10, 481:24provider [3] - 288:21,288:22, 288:25provides [7] - 198:23,224:5, 288:23,374:14, 442:7,452:19, 469:4
providing [5] - 240:18,256:2, 264:6,314:13, 324:7provision [1] - 356:13provisions [2] - 253:2,259:11proximity [8] - 181:7,203:6, 287:6,287:10, 293:19,293:22, 418:11,487:10prudent [4] - 188:6,207:21, 249:9,249:13PUBLIC [2] - 162:1,162:12public [25] - 182:3,193:11, 199:21,214:8, 214:11,214:20, 215:23,216:1, 221:12,275:24, 291:17,391:4, 391:8,396:21, 415:25,456:9, 456:21,456:23, 457:2,457:3, 460:11,460:20, 475:2,494:11Public [4] - 164:24,300:3, 499:7, 499:18publicly [3] - 213:1,222:21, 433:13publish [2] - 215:25,285:10published [4] -215:22, 432:1,463:24, 464:4PUC [22] - 163:10,165:13, 185:11,198:13, 210:14,212:20, 212:25,214:9, 214:19,216:23, 239:7,239:10, 239:20,256:25, 273:8,273:10, 286:8,407:8, 407:10,420:23, 440:6, 446:6PUC's [1] - 199:5pull [1] - 412:14pulling [1] - 268:3pump [18] - 262:17,271:13, 272:14,273:2, 273:9,273:21, 273:25,274:2, 274:3, 274:5,274:7, 274:11,274:13, 287:14,288:24, 332:3,
36396:23pumped [1] - 359:5pumping [2] - 206:14,206:21pumps [2] - 206:17,206:18purchase [4] - 288:21,353:23, 354:9,354:10purchased [4] -281:18, 332:3,332:5, 332:7purchasing [3] -353:24, 353:25,357:15purports [1] - 495:7purpose [28] - 195:7,318:23, 348:12,348:19, 374:24,439:24, 440:11,440:22, 440:25,441:9, 441:11,444:23, 458:17,458:19, 459:4,459:10, 462:4,462:11, 462:13,462:14, 462:18,462:21, 493:8,493:11, 493:16,493:17, 493:21,493:22purposes [14] -183:10, 185:23,205:16, 312:20,312:23, 346:22,347:14, 403:3,405:21, 439:11,439:21, 440:9,441:3, 441:14pursuant [3] - 283:18,284:8, 284:18push [1] - 208:14pushed [1] - 449:20put [39] - 193:5, 193:6,196:12, 198:18,202:5, 242:1,244:12, 248:4,251:23, 284:6,284:20, 300:15,310:10, 314:1,316:16, 316:18,337:13, 346:16,347:1, 349:24,349:25, 351:24,352:1, 352:2,361:25, 362:7,369:23, 372:2,372:6, 374:23,375:8, 380:20,381:20, 400:4,
009029
466:2, 467:11puts [2] - 321:25,349:23putting [7] - 182:17,249:9, 308:10,323:15, 384:23,441:8, 466:18
Q
qualifications [3] -250:21, 292:5,480:13qualified [5] - 414:20,429:13, 441:11,478:18qualify [3] - 225:20,225:25, 480:24quality [16] - 196:11,201:13, 202:10,218:17, 272:11,335:12, 335:14,338:1, 409:14,443:18, 454:8,454:14, 465:2,465:23, 478:21,479:2quantities [1] - 265:16quantity [6] - 249:11,266:1, 266:2, 266:3,266:4, 266:11quarter [2] - 185:16,390:16question's [2] - 374:4,478:23questioned [1] - 347:9questioner [1] - 347:1questioning [19] -180:22, 210:24,233:15, 243:18,246:19, 256:12,260:14, 275:20,282:17, 285:17,326:7, 337:21,337:23, 338:8,338:19, 358:23,447:17, 494:12questionnaires [2] -387:23questions [151] -181:5, 188:10,188:12, 188:14,189:20, 194:2,194:3, 194:8, 194:9,194:11, 198:4,199:17, 199:21,200:6, 202:17,202:21, 206:11,206:12, 209:7,209:9, 209:13,
209:14, 209:15,209:23, 209:24,209:25, 210:2,210:7, 210:19,218:4, 218:6, 218:9,219:20, 219:21,220:3, 220:9,221:13, 229:24,231:2, 231:3,231:13, 231:15,237:7, 237:8,238:16, 239:1,242:16, 243:9,243:10, 243:12,243:15, 252:11,252:18, 253:11,255:11, 255:22,256:5, 258:5, 258:6,259:24, 262:12,268:19, 271:6,272:25, 280:4,280:6, 282:5, 282:7,282:8, 282:9,282:12, 285:24,285:25, 286:1,289:4, 289:6, 289:7,289:9, 289:11,292:16, 292:17,292:23, 295:14,297:22, 301:3,315:3, 324:12,324:14, 324:23,339:10, 347:23,347:24, 357:4,357:6, 365:10,372:9, 374:2, 376:3,376:4, 378:3, 379:3,386:16, 387:10,387:16, 388:7,389:11, 389:12,389:20, 389:25,392:16, 394:18,397:16, 403:17,403:24, 404:8,412:9, 412:12,416:16, 419:11,419:14, 435:14,443:6, 443:7,444:20, 447:11,449:15, 449:22,456:3, 456:5,462:12, 462:25,466:6, 466:10,481:5, 481:15,481:17, 481:18,481:20, 482:22,482:23, 483:11,487:16, 489:19,489:20, 489:21,491:19, 493:7,495:19, 497:10
quick [4] - 258:1,258:10, 282:11,442:1quit [1] - 180:7quite [11] - 198:12,216:17, 257:8,257:17, 259:21,292:3, 296:7, 305:2,397:8, 419:12,463:17quote [3] - 188:25,283:21, 379:13quoted [1] - 304:16
R
rail [1] - 290:21raised [1] - 444:14Ramsar [5] - 452:14,452:16, 453:17,453:22, 454:6rancher [1] - 368:1ranchers [1] - 341:18ranches [3] - 228:13,341:13, 341:16ranchland [1] - 491:3range [4] - 186:18,214:23, 214:25,463:18rangeland [2] -408:15, 408:16Rappold [59] - 163:7,168:4, 168:9,168:12, 168:17,168:19, 169:5,169:8, 169:12,169:19, 169:23,170:4, 170:7,170:12, 170:13,170:17, 170:21,171:4, 171:9,171:11, 171:16,171:19, 171:22,172:4, 172:8,172:12, 173:4,173:7, 173:11,173:14, 173:21,174:14, 174:18,176:4, 176:8,177:18, 177:22,178:12, 178:16,178:20, 178:23,179:4, 219:23,231:3, 242:4,250:14, 268:2,271:5, 324:16,324:21, 338:16,419:7, 447:10,449:18, 456:7,462:8, 487:20,
493:6, 494:12RAPPOLD [91] -209:20, 210:6,210:9, 219:22,220:2, 221:14,221:18, 230:1,230:4, 230:22,231:13, 242:5,242:14, 244:7,244:11, 250:15,250:17, 252:10,253:4, 253:9, 258:7,258:9, 268:4, 268:6,271:7, 271:9,275:21, 280:4,294:16, 294:19,295:14, 296:5,296:10, 300:1,324:17, 324:19,324:25, 325:3,326:11, 327:2,328:2, 337:25,338:11, 339:9,374:4, 374:8, 375:6,375:24, 398:6,398:12, 419:9,420:7, 420:9,420:13, 420:18,420:21, 421:6,421:15, 421:20,422:3, 422:9,422:12, 422:15,424:8, 427:22,428:2, 428:5, 428:9,428:24, 429:9,430:2, 430:8,430:18, 430:22,441:6, 444:8, 445:1,445:8, 445:14,447:12, 447:18,449:19, 450:14,454:22, 456:8,456:16, 462:10,462:25, 493:18,493:23, 497:12rappold [2] - 168:13,178:7rate [4] - 229:5, 229:7,229:18, 442:12rates [2] - 276:22,277:3rather [3] - 202:8,374:15, 401:5re [1] - 488:13re-vegetated [1] -488:13reach [5] - 216:11,295:11, 437:20,438:10, 438:24reached [3] - 416:16,
37423:9, 458:7reaches [2] - 417:5,437:17read [42] - 186:19,186:21, 218:10,226:10, 226:12,257:1, 259:12,259:13, 259:14,259:18, 259:20,259:25, 260:5,268:1, 283:6,286:20, 286:22,327:1, 339:19,366:19, 367:5,412:13, 416:7,429:16, 439:2,440:14, 441:1,445:1, 460:13,460:16, 460:18,460:22, 462:2,462:4, 462:7,467:10, 468:17,471:14, 472:10,472:16, 493:11reading [2] - 244:16,366:14reads [4] - 268:21,445:2, 450:15,468:19ready [1] - 389:23Real [24] - 163:6,169:19, 169:23,170:4, 170:16,170:20, 171:4,171:9, 171:22,172:4, 172:8,172:18, 173:4,173:8, 173:17,174:3, 174:13,176:7, 176:17,177:17, 177:22,178:4, 178:16,178:20real [4] - 194:24,197:18, 255:22,442:1realistic [1] - 205:19realize [1] - 242:17realized [2] - 370:24,371:1realizes [1] - 190:23really [24] - 198:21,200:2, 203:8,204:25, 208:11,226:17, 229:11,255:19, 259:20,276:14, 278:11,291:17, 325:14,353:25, 375:22,439:3, 440:22,
009030
449:19, 465:5,465:8, 465:14,467:2, 472:10,473:20Realtime [2] - 499:6,499:19reason [20] - 181:21,217:15, 228:13,241:7, 246:2,249:12, 255:3,283:24, 293:12,334:1, 392:13,406:22, 411:14,415:13, 417:1,480:3, 483:16,483:20, 484:9,484:10reasonable [3] -383:18, 469:5, 486:3reasoning [1] - 270:10reasonings [1] - 240:3reasons [2] - 241:6,483:22REBUTTAL [2] -178:5, 179:2Rebuttal [14] - 164:12,164:13, 164:14,164:14, 165:3,165:3, 165:7,165:11, 165:21,166:6, 166:10,167:16, 167:16,167:19rebuttal [3] - 242:1,397:20, 496:18RECALLED [1] - 178:2recalled [1] - 193:11receipt [1] - 461:8receive [6] - 215:23,215:25, 221:4,225:10, 401:9,459:16received [18] - 222:24,225:1, 225:6,225:23, 225:24,251:15, 251:24,252:3, 261:4, 368:9,401:15, 401:19,418:18, 434:20,453:4, 459:13,462:12, 462:24recent [2] - 420:20,429:20recertified [1] - 476:4recess [6] - 240:12,296:13, 319:21,389:17, 447:16,498:4reclamation [14] -183:2, 184:4, 184:6,
184:14, 184:15,184:23, 184:24,184:25, 185:1,185:5, 393:25,464:13, 464:14,464:23recognize [6] -197:24, 394:10,397:12, 453:8,486:16recognized [1] -287:20recognizes [1] -356:10recognizing [2] -198:14, 210:15recommendations [2]- 188:3, 492:5recommended [1] -488:14reconnect [3] -360:13, 361:20,362:20reconnected [1] -360:16record [15] - 195:6,230:11, 252:19,260:19, 285:7,296:20, 307:4,345:24, 346:3,347:9, 393:13,402:2, 427:25,462:7, 477:14records [2] - 251:9,391:11Recovery [1] - 167:4recovery [7] - 437:2,437:7, 437:8,438:19, 438:23,439:5, 439:6Recross [56] - 168:9,168:9, 168:10,168:10, 168:11,168:12, 168:13,168:14, 168:19,169:8, 169:8, 169:9,169:9, 169:15,169:16, 169:23,169:23, 169:24,170:9, 170:13,171:11, 171:12,171:12, 171:13,171:19, 171:19,172:8, 172:8, 172:9,172:10, 172:15,172:15, 173:7,173:7, 173:8, 173:8,173:9, 173:13,173:14, 173:14,174:10, 174:11,
174:21, 175:20,176:19, 176:20,176:20, 177:22,177:22, 177:23,177:23, 178:20,178:20, 178:21,179:7, 179:8recross [7] - 210:5,250:11, 253:12,294:14, 295:15,379:3, 494:25RECROSS [15] -210:11, 220:1,231:18, 237:10,239:5, 250:16,258:8, 259:7,294:18, 374:7,376:9, 378:9, 379:6,490:2, 495:4Recross-Examination [56] -168:9, 168:9,168:10, 168:10,168:11, 168:12,168:13, 168:14,168:19, 169:8,169:8, 169:9, 169:9,169:15, 169:16,169:23, 169:23,169:24, 170:9,170:13, 171:11,171:12, 171:12,171:13, 171:19,171:19, 172:8,172:8, 172:9,172:10, 172:15,172:15, 173:7,173:7, 173:8, 173:8,173:9, 173:13,173:14, 173:14,174:10, 174:11,174:21, 175:20,176:19, 176:20,176:20, 177:22,177:22, 177:23,177:23, 178:20,178:20, 178:21,179:7, 179:8RECROSS-EXAMINATION [15] -210:11, 220:1,231:18, 237:10,239:5, 250:16,258:8, 259:7,294:18, 374:7,376:9, 378:9, 379:6,490:2, 495:4red [1] - 197:5Red [1] - 479:7redesigned [1] -
206:18Redfield [2] - 274:8,392:8Redford [1] - 396:23REDIRECT [4] -243:13, 292:21,379:18, 491:6redirect [22] - 209:11,209:22, 210:5,243:11, 243:23,250:12, 255:12,260:6, 260:8,292:19, 294:15,295:15, 295:17,378:4, 379:1,379:16, 387:11,387:15, 389:13,491:5, 494:25, 495:1Redirect [20] - 168:11,168:18, 169:10,169:16, 169:24,170:9, 170:18,172:9, 173:15,174:9, 174:16,174:20, 175:5,175:11, 175:20,176:19, 177:8,177:14, 178:10,179:8redo [1] - 374:14reduce [1] - 347:23reduction [3] - 247:5,254:8, 412:24reexamination [1] -279:12Reexamination [2] -173:6, 175:11reexamine [1] -279:23refer [7] - 325:21,329:22, 411:20,436:18, 436:21,437:25reference [11] -237:15, 238:17,256:13, 287:2,313:5, 322:24,323:5, 405:19,433:18, 433:21referenced [6] -252:21, 292:24,299:4, 343:14,401:4, 427:6references [7] -189:17, 226:15,228:25, 263:11,436:8, 471:5, 471:7referencing [7] -286:16, 402:3,402:5, 402:16,
38421:12, 421:18,471:11referred [2] - 345:11,433:10referring [14] - 185:3,242:24, 286:7,291:8, 291:11,305:21, 345:9,354:15, 421:6,437:9, 441:25,446:24, 446:25,457:2refers [1] - 389:5refined [1] - 266:24refineries [5] - 264:7,264:9, 264:17,270:25refrain [1] - 235:20refresh [3] - 330:21,439:24, 441:21Refuge [8] - 422:20,423:6, 442:6, 453:3,453:6, 457:8, 458:1,459:11refuge [9] - 422:25,442:8, 453:16,457:22, 458:17,460:24, 462:21,494:7refuse [2] - 218:6,386:10refused [1] - 217:25refusing [1] - 239:9regard [5] - 208:13,227:15, 242:2,379:9, 491:19regarding [45] -182:13, 207:3,213:8, 213:17,217:10, 218:1,221:19, 222:22,223:7, 223:21,226:25, 227:16,231:5, 244:17,250:18, 252:3,270:13, 271:10,279:3, 282:22,284:12, 342:3,342:11, 342:19,342:23, 356:11,356:25, 359:9,373:10, 375:7,386:10, 398:23,400:25, 401:2,401:8, 416:16,419:18, 420:23,423:8, 438:4,447:20, 457:16,461:6, 464:4, 465:22regards [5] - 269:22,
009031
401:22, 407:5,492:20, 493:7region [4] - 205:22,261:18, 437:7,490:13regional [1] - 200:1Regional [3] - 167:10,167:10, 194:23Register [3] - 323:19,430:9, 430:22Registered [2] -499:5, 499:19registered [2] - 261:6,323:19regular [1] - 291:20regulation [9] -267:15, 267:22,267:25, 268:9,269:2, 279:4, 415:6,431:3, 468:11regulations [20] -189:1, 204:14,207:10, 208:1,278:20, 279:3,279:4, 279:8,279:10, 279:20,279:22, 279:24,280:3, 285:2,293:24, 405:12,417:11, 468:25,470:14regulatorily [1] -203:19Regulatory [2] -285:2, 285:8regulatory [2] - 206:4,405:7rehabilitation [1] -494:17reimburse [1] - 361:25reinforces [1] - 194:12related [5] - 209:23,271:12, 338:1,446:4, 451:12relates [5] - 220:4,278:20, 444:19,445:16, 492:20relating [1] - 451:7relation [2] - 189:25,448:4Relationship [1] -165:8relative [2] - 200:11,270:21relay [1] - 431:4release [2] - 214:7,218:1relevance [1] - 481:2relevancy [2] - 444:6,445:6
relevant [7] - 215:3,229:24, 230:4,230:13, 444:8,454:22, 455:1reliable [2] - 264:7,266:18relied [5] - 237:25,277:24, 433:11,433:16, 436:10religious [2] - 469:8,470:15relocate [1] - 211:12rely [4] - 425:21,436:18, 436:21,437:25remains [1] - 310:24remediation [1] -184:18remember [21] -195:7, 211:25,218:9, 231:10,243:17, 245:6,246:19, 293:1,298:16, 328:24,378:16, 403:19,435:14, 477:21,480:21, 491:9,491:20, 493:6,493:11, 494:14,496:7remind [1] - 216:14reminder [1] - 319:25removal [3] - 207:18,408:12, 451:15remove [5] - 207:18,207:22, 208:3,208:5, 233:1render [2] - 269:5,466:24renew [1] - 493:25reoxygenate [2] -381:23, 382:1repackaging [3] -199:11, 199:14,214:19repair [1] - 248:5repairing [1] - 399:21repairs [2] - 292:8,360:19repeat [14] - 265:8,266:9, 269:1,304:13, 312:21,334:25, 350:8,416:19, 423:18,444:24, 450:13,450:14, 452:15,470:25repeating [1] - 388:2repetitive [1] - 338:7replace [1] - 266:21
replaced [1] - 483:3replanted [1] - 488:19replanting [1] - 488:16report [7] - 244:1,244:19, 283:5,401:18, 435:20,471:11, 480:5Report [3] - 401:9,401:15, 435:20Reported [1] - 162:24Reporter [6] - 445:2,450:15, 499:6,499:19, 499:19reporter [6] - 260:16,296:16, 393:10,421:9, 468:19, 499:9reporting [1] - 252:4Reports [5] - 165:9,244:17, 471:8,471:10, 471:12reports [9] - 244:24,401:17, 404:23,467:10, 467:11,471:6, 471:10,479:25, 482:13represent [3] - 320:8,324:21, 331:9representatives [4] -195:9, 386:5, 490:6,490:8Request [1] - 165:22request [12] - 220:9,222:25, 241:15,252:19, 356:13,375:11, 383:5,387:22, 391:6,392:1, 415:19,488:23requested [6] -240:18, 364:13,415:17, 415:20,424:5, 450:15requesting [2] -240:21, 356:2requests [4] - 383:4,387:19, 388:3, 421:7require [15] - 201:23,207:18, 212:15,226:3, 246:15,248:21, 256:19,269:2, 279:12,317:3, 317:4, 322:6,359:6, 456:6, 488:24required [33] - 198:19,204:1, 204:3, 204:6,205:5, 211:5, 212:7,212:8, 212:14,214:14, 215:4,215:11, 215:12,215:17, 215:19,
225:12, 237:21,257:24, 267:21,272:14, 273:12,293:5, 317:25,333:2, 349:11,356:3, 435:17,454:23, 461:15,469:12, 469:15,475:1, 492:13requirement [10] -199:9, 204:13,245:3, 379:9, 415:7,417:9, 470:20,474:13requirements [20] -225:13, 225:17,226:8, 226:13,226:16, 241:2,242:6, 252:4,257:19, 267:9,286:25, 287:15,405:7, 417:10,432:24, 433:2,443:25, 457:7,479:22requires [14] - 204:14,204:15, 215:22,267:16, 267:22,268:9, 317:2, 317:5,318:5, 343:15,378:13, 417:13,424:16, 468:12requiring [1] - 368:20reread [1] - 438:25reroute [6] - 182:9,182:12, 232:17,232:19, 279:12,386:1reroutes [6] - 186:4,396:15, 396:18,397:3, 397:24,472:17rerouting [2] - 398:3,485:6research [1] - 432:1Reservation [3] -475:17, 476:6, 476:7reservation [7] -313:17, 416:2,416:3, 417:17,417:22, 417:23,475:19reservations [1] -476:16reserves [2] - 237:25,356:12Reservoirs [2] - 165:9,165:10reside [3] - 303:1,303:15, 303:20
39Residence [1] -164:15residence [3] -364:23, 365:8,373:10residences [4] -368:9, 373:12,374:10, 379:10residential [1] -385:24residents [3] - 309:17,363:25, 364:19resides [1] - 189:2resist [3] - 240:17,241:5, 347:20resolution [1] - 469:10resolved [2] - 349:1,386:5resolving [1] - 322:21resort [1] - 354:14resource [8] - 205:2,213:21, 213:23,232:8, 464:16,479:25, 490:4,495:12resources [26] -199:2, 204:5, 213:3,213:9, 213:17,214:6, 235:22,310:24, 338:2,339:7, 343:5,404:19, 433:16,438:4, 438:9,455:24, 464:15,465:2, 465:21,465:24, 467:19,468:12, 468:21,469:2, 478:21, 479:2Resources [5] -164:16, 164:17,164:18, 164:19,164:20respect [6] - 201:7,270:15, 425:3,479:23, 484:21,491:15respond [14] - 199:20,215:23, 216:1,230:2, 230:22,241:15, 241:19,242:20, 244:3,245:1, 259:19,270:1, 397:9, 399:15responded [1] - 218:3responder [1] - 245:17responders [7] -204:22, 244:4,245:2, 245:13,245:16, 245:23responding [4] -
009032
184:12, 230:24,419:10, 419:13response [18] -181:14, 220:9,239:24, 241:16,241:18, 241:23,245:6, 245:9,245:10, 249:21,260:7, 300:5,326:10, 328:3,418:9, 424:7,454:21, 466:4Response [4] - 164:5,164:6, 165:21,249:21responses [7] -181:10, 220:14,361:14, 421:7,421:20, 422:11,422:13responsibilities [4] -219:3, 219:4,261:23, 484:25responsibility [14] -188:15, 188:17,188:21, 189:7,216:13, 219:9,224:10, 247:13,247:14, 248:10,261:8, 273:24,344:21, 483:13responsible [24] -183:2, 184:16,184:22, 185:5,189:3, 213:20,224:1, 229:4,236:25, 237:2,247:1, 247:10,261:17, 267:23,269:19, 269:21,269:24, 297:8,329:17, 340:2,432:16, 438:15,445:18, 481:13responsive [6] -223:4, 223:6,375:11, 375:14,375:16, 391:16rest [3] - 259:3, 339:9,377:8restate [1] - 476:2resting [1] - 381:20restoration [3] -247:19, 247:24,410:4restore [4] - 248:5,331:15, 408:7,490:24restored [2] - 409:8,450:25
restoring [1] - 494:22restrict [2] - 406:15,406:18restricted [1] - 444:16restriction [1] - 294:11restrictions [2] -294:4, 294:6result [16] - 247:4,247:17, 282:24,291:14, 317:14,341:7, 341:12,341:17, 395:25,398:7, 398:21,451:21, 478:16,479:1, 485:17,492:12result's [1] - 300:17resulting [1] - 455:18results [1] - 344:4Resume [2] - 164:15,165:8resume [10] - 295:22,296:1, 296:6,296:12, 299:1,299:7, 325:12,339:19, 408:25retain [1] - 491:24retained [3] - 233:22,410:21, 412:1rethink [1] - 480:4return [2] - 317:2,317:4returned [4] - 316:9,316:12, 317:1,381:19returns [2] - 409:17,413:22reuse [3] - 359:4,378:14, 378:20reusing [1] - 378:11reverse [1] - 352:1revert [2] - 208:25,488:15reverts [1] - 207:6review [22] - 203:15,213:21, 213:24,214:14, 221:10,235:6, 258:2, 262:9,288:12, 295:12,296:6, 324:8,339:25, 363:12,394:14, 401:21,434:19, 438:23,439:16, 442:1,460:1, 467:22Review [2] - 167:5,167:7reviewed [7] - 203:18,257:1, 287:24,292:7, 430:6, 430:9,
466:9reviews [2] - 400:24,414:21revised [17] - 297:15,299:4, 299:20,300:2, 300:22,305:24, 306:6,306:16, 306:21,306:23, 325:17,347:12, 347:17,360:3, 360:5,375:20, 482:8Revised [10] - 167:4,187:21, 214:7,214:13, 215:16,215:25, 216:2,342:3, 342:14,471:21RICHARD [1] - 162:14rid [1] - 201:25right-hand [4] - 350:5,440:10, 441:24,462:2right-of-way [6] -298:5, 304:24,366:1, 366:4,376:12, 376:20rights [7] - 200:20,200:21, 200:22,215:11, 215:13,237:1, 237:4risk [5] - 447:19,448:2, 448:4,448:21, 449:15Rislov [1] - 162:18River [30] - 164:23,165:9, 165:10,217:12, 217:16,217:20, 217:24,218:2, 218:7,313:21, 396:22,403:10, 406:10,406:11, 406:14,407:4, 444:17,475:16, 475:18,476:5, 476:7,476:15, 476:19,476:20, 477:2,478:2, 479:9, 482:5river [9] - 207:15,448:6, 448:7,448:12, 448:18,448:20, 449:11,477:3, 477:8rivers [2] - 207:16,479:10road [10] - 246:4,246:7, 246:10,246:11, 246:14,312:20, 312:23,
329:13, 329:16,402:6roads [19] - 246:9,311:6, 311:8,311:10, 311:12,311:15, 311:17,311:18, 312:2,312:10, 312:12,312:13, 313:1,313:2, 313:9,313:15, 313:16,401:22ROBERT [1] - 172:3robust [2] - 214:11,240:23rock [2] - 384:3, 384:4Rock [6] - 165:4,165:5, 165:6,475:19, 476:7, 479:7Rod [1] - 166:6ROD [1] - 177:6Rolayne [1] - 162:16role [7] - 219:11,261:19, 398:16,399:4, 491:9,491:12, 491:14roles [2] - 261:8,261:23RON [1] - 177:12Ronald [1] - 166:11Room [1] - 163:15room [5] - 194:9,283:11, 328:20,435:3, 435:6Root [2] - 471:23,471:25root [1] - 471:24roots [1] - 367:24RORIE [1] - 178:11Rorie [1] - 164:12ROSEBUD [1] - 167:2Rosebud [7] - 163:7,324:21, 419:14,419:16, 421:24,441:3, 493:6rough [1] - 358:17roughly [1] - 195:24Rounds [1] - 162:17Route [2] - 472:2,473:14route [75] - 181:16,181:17, 181:18,182:18, 185:8,185:15, 185:19,185:21, 187:19,190:1, 190:4,190:17, 190:20,191:8, 193:1,193:16, 194:16,198:10, 198:24,
40205:7, 214:24,215:1, 217:11,219:14, 224:17,224:19, 231:22,232:14, 248:21,249:2, 258:22,278:2, 278:7,278:10, 278:16,287:6, 289:19,290:3, 290:12,330:22, 371:6,371:9, 386:7, 386:8,386:11, 386:13,388:12, 388:15,388:16, 388:21,389:2, 392:6, 395:2,395:9, 395:15,396:2, 396:9, 399:6,411:5, 418:1,425:12, 468:10,469:25, 472:1,472:11, 472:20,472:25, 473:8,473:18, 480:7,481:25, 483:17,488:22, 492:1route's [2] - 185:20,289:21routed [3] - 182:21,190:18, 290:2routes [13] - 191:9,191:11, 191:13,258:19, 339:5,386:8, 442:14,472:24, 473:9,473:12, 473:21,473:25, 485:25routinely [1] - 486:7Routing [1] - 164:24routing [46] - 181:7,181:21, 181:23,182:5, 182:10,189:17, 194:15,195:10, 211:7,211:11, 211:17,211:21, 211:24,213:14, 227:9,231:21, 258:14,258:16, 289:15,289:18, 289:25,297:10, 365:16,365:24, 369:18,370:19, 371:6,371:12, 385:9,385:13, 385:17,385:18, 385:22,388:7, 388:10,394:25, 395:7,395:8, 395:18,395:25, 396:11,
009033
398:25, 442:17,442:18, 494:10rove [1] - 201:4ROW [4] - 286:23,366:4, 488:9, 488:13RPR [1] - 162:24RST [2] - 440:5,441:23rubber [1] - 193:5Rule [5] - 242:7,268:14, 268:16,343:4, 465:9rule [9] - 242:14,242:19, 327:21,420:15, 429:13,429:15, 429:19,429:20, 431:2Rules [1] - 222:22rules [15] - 187:1,204:14, 207:17,207:25, 214:19,224:4, 248:18,248:21, 249:5,249:7, 256:17,257:18, 285:2,285:11, 293:24run [7] - 228:11,232:20, 291:19,398:23, 486:14,486:17, 487:1running [4] - 198:1,405:6, 486:15runs [3] - 275:2,301:20, 432:22rupture [3] - 448:7,448:12, 449:10Rural [6] - 163:5,163:9, 320:9,339:15, 372:13,463:5rural [4] - 320:11,320:23, 322:1,359:11RV [2] - 380:19,380:20
S
sacred [1] - 310:15safe [5] - 217:10,235:7, 249:9,266:18, 314:17Safety [2] - 279:1,294:20safety [14] - 217:10,251:9, 278:20,279:4, 294:21,294:24, 295:6,320:19, 321:1,
322:15, 323:3,323:5, 460:11,460:20sake [1] - 252:19sand [1] - 206:15Sand [14] - 198:11,422:20, 422:23,423:5, 442:3, 442:6,442:8, 453:3, 453:6,453:7, 453:13,453:17, 459:11,494:9sat [1] - 283:11satellite [1] - 303:12satisfaction [1] -380:15satisfied [1] - 417:11satisfy [1] - 230:14SATTGAST [16] -162:14, 202:18,202:20, 205:8,206:9, 327:24,338:14, 349:6,372:10, 372:25,373:8, 445:11,487:18, 488:6,489:4, 489:18Sattgast [14] - 168:8,169:7, 169:15,169:22, 171:6,171:18, 171:24,172:7, 174:15,176:10, 177:21,178:9, 178:19, 179:7Sattgast's [1] - 206:13saturated [2] - 353:7,353:13Saunsoci [1] - 167:19saving [1] - 396:6scale [5] - 199:25,235:10, 409:2,409:3, 409:5scarce [1] - 488:3scarcity [1] - 488:17scenario [3] - 234:5,234:9, 449:7schedule [4] - 180:3,274:17, 274:20,382:7scheduled [5] -274:21, 475:17,476:6, 496:9, 496:12scheduling [1] -297:11SCHOFFELMAN [1] -174:7Schoffelman [2] -166:10, 166:21school [1] - 197:14science [6] - 261:4,
454:25, 464:2,464:5, 466:8, 466:15sciences [4] - 393:21,394:2, 404:25, 405:1scientist [1] - 410:24scope [8] - 229:23,231:2, 235:13,265:3, 397:8, 445:6,454:19scores [1] - 391:7screened [1] - 418:24scrub [1] - 353:7SD [4] - 163:9, 164:6,164:8, 164:9SDARWS [2] - 167:12,177:15SDLI-027-519-330 [1]- 377:18se [1] - 237:23searched [1] - 406:9season [3] - 275:2,282:25, 408:23seasons [1] - 275:25seated [3] - 470:1,470:4, 470:17second [13] - 205:8,236:22, 263:23,338:12, 349:1,349:3, 351:7,351:13, 391:3,400:25, 405:25,419:17, 423:3secondly [1] - 193:18Secretary [1] - 480:10section [17] - 190:24,212:2, 263:13,263:14, 268:4,358:13, 359:19,378:15, 379:11,379:13, 381:15,390:16, 394:20,442:1, 471:19,472:10, 473:13Section [18] - 207:16,235:4, 259:9,263:12, 342:2,342:13, 394:24,435:17, 440:9,445:15, 468:22,468:25, 469:2,469:3, 469:16,470:14, 479:22,495:10sections [11] - 185:16,315:22, 358:4,358:7, 358:8,358:12, 358:20,358:21, 358:22,394:20secure [1] - 264:6
secured [1] - 228:18sediment [2] - 318:22,382:1sedimentation [1] -454:9see [40] - 185:20,185:25, 197:1,197:9, 210:20,221:14, 244:13,257:2, 262:2,263:13, 265:11,276:21, 277:16,291:21, 298:23,308:18, 336:24,337:22, 348:19,349:19, 350:3,374:6, 379:22,383:16, 394:5,408:5, 412:8,427:17, 428:7,436:6, 460:5,464:13, 473:24,487:8, 488:2, 489:8,489:15, 490:1,497:15, 497:25seed [1] - 488:14seeing [3] - 212:18,272:11, 497:18seem [1] - 338:6segmentation [1] -249:15segregate [1] - 383:3segregated [2] -383:8, 384:1segregating [1] -384:22segregation [7] -349:19, 351:1,351:21, 360:8,366:5, 383:2, 383:6select [2] - 310:3,471:24selected [4] - 192:1,399:6, 473:18,473:22selecting [1] - 310:19selection [2] - 289:25,308:4Selection [2] - 471:23,473:14sell [1] - 354:11semantics [2] - 368:4,388:20semipermanent [1] -309:10semmler [1] - 178:10Semmler [28] - 163:2,168:16, 168:18,169:11, 169:16,170:7, 170:9, 171:8,
41171:12, 171:13,171:23, 172:6,172:9, 172:19,173:12, 173:14,176:18, 176:19,176:20, 178:3,178:7, 179:3, 179:8,189:16, 421:4,428:8, 430:24, 467:3SEMMLER [77] -260:15, 260:18,262:21, 262:24,265:2, 266:6,267:12, 267:19,268:12, 270:11,275:19, 282:15,284:10, 285:16,288:7, 292:20,292:22, 294:13,295:18, 393:8,393:12, 397:9,397:11, 398:9,398:14, 399:15,404:2, 404:5, 410:1,416:11, 416:23,420:11, 420:15,421:5, 421:10,421:16, 424:4,427:25, 428:3,428:10, 428:16,429:24, 430:4,430:14, 430:25,440:24, 444:6,445:5, 449:12,454:18, 455:19,456:2, 456:12,458:2, 458:18,459:6, 460:25,462:6, 462:22,466:5, 466:12,466:14, 470:8,471:16, 472:5,473:4, 474:2,475:20, 477:20,478:22, 480:23,481:2, 491:7,493:20, 494:24,496:1, 496:4send [1] - 283:9senior [2] - 281:22,404:20sense [12] - 186:1,204:19, 204:21,251:4, 275:6, 275:7,275:9, 275:15,276:20, 333:10,365:17, 371:22sensitive [18] -186:12, 186:14,186:23, 223:22,
009034
238:17, 240:20,241:14, 249:16,289:24, 292:1,292:3, 450:4,450:10, 450:16,450:17, 450:20,452:6, 454:3sensitivity [1] - 249:18sent [2] - 460:16,460:22sentence [9] - 268:21,285:6, 286:22,287:23, 326:15,345:19, 356:8,366:2, 366:5separate [1] - 271:15separation [3] - 323:1,361:1, 361:10September [10] -162:8, 162:9,163:16, 190:6,192:21, 297:18,401:20, 420:3,446:10, 499:11series [1] - 322:17served [5] - 261:21,267:18, 268:11,268:24, 269:4serves [1] - 348:12Service [25] - 203:14,204:11, 234:15,234:18, 331:23,334:2, 334:8, 401:1,422:20, 423:1,423:5, 423:17,445:23, 458:15,459:19, 459:24,460:4, 461:2, 461:6,462:20, 462:24,489:13, 492:23,493:25, 494:6service [10] - 196:3,196:6, 196:9, 206:2,250:22, 285:4,288:24, 404:17,435:16Service's [2] - 235:8,436:3Services [7] - 167:4,167:5, 423:21,435:22, 458:8,459:14, 460:19services [6] - 263:20,283:17, 284:7,284:17, 285:10,404:16set [17] - 200:25,236:16, 236:18,237:20, 274:5,274:12, 285:11,
345:23, 346:3,346:9, 346:11,348:25, 349:1,349:2, 349:4,406:24, 419:17setback [1] - 379:8sets [3] - 182:11,348:13, 348:19setting [1] - 386:20seven [2] - 320:10,436:7several [8] - 202:21,210:19, 256:4,275:23, 311:11,311:13, 493:7,497:16severing [1] - 449:1sex [3] - 235:24, 236:5shall [6] - 202:6,244:19, 268:21,283:18, 284:7, 469:2share [1] - 274:19shared [1] - 442:6shares [1] - 442:5sheet [2] - 361:17,412:24sheets [1] - 482:13Shelly [1] - 165:18SHELLY [1] - 171:21sheriff's [1] - 232:25shift [4] - 186:2,232:14, 233:4, 241:1shifting [1] - 185:22shiner [9] - 167:3,403:5, 403:22,425:3, 437:24,438:1, 479:6,479:13, 482:1Shiner [1] - 187:6ship [2] - 264:14,264:16shipper [1] - 284:1shippers [2] - 263:21,283:23SHIRLEY [1] - 176:13Shoe [1] - 479:6short [8] - 196:1,240:12, 274:4,296:13, 389:17,413:23, 447:16,485:3short-term [3] - 196:1,413:23, 485:3shorter [2] - 385:10,386:13shortest [7] - 181:22,290:3, 370:23,370:25, 371:6,371:9, 385:4shorthand [2] - 499:9
show [8] - 226:22,258:21, 263:22,360:19, 427:22,433:7, 440:5, 444:9showed [4] - 258:16,298:7, 427:20,439:23showing [3] - 197:4,197:20, 347:13shown [1] - 489:9shows [9] - 190:4,190:7, 196:16,258:18, 317:13,351:8, 363:14,369:7, 421:24SHPO [5] - 164:9,213:3, 232:9,469:18, 471:13SHPO's [5] - 213:5,213:7, 213:19,213:20, 214:5shrub [2] - 353:7,488:16Sibson [2] - 166:10,166:18SIBSON [1] - 175:7sickness [1] - 431:7side [17] - 190:21,313:13, 349:23,350:5, 350:14,350:17, 350:19,351:24, 384:9,423:3, 432:11,432:12, 441:24,446:7, 488:4, 488:18sides [2] - 350:16,362:1sift [1] - 212:22sign [2] - 288:14,339:20signed [2] - 222:18,373:13significance [1] -470:16significant [3] - 233:7,456:3, 488:2significantly [4] -257:5, 257:12,341:22, 394:21signs [1] - 288:11silent [1] - 207:20similar [1] - 409:9simple [5] - 197:1,251:4, 254:16, 395:2simplistic [1] - 337:21simply [5] - 201:16,254:14, 359:24,382:21, 462:8SIOUX [5] - 167:2,167:8, 167:15,
173:19, 174:2Sioux [77] - 163:6,163:7, 163:8,164:22, 164:23,181:7, 181:15,181:19, 182:1,182:3, 182:5,189:18, 190:6,190:19, 192:20,194:22, 196:20,197:2, 197:4,197:10, 197:15,215:11, 223:7,223:13, 223:14,227:23, 231:17,242:23, 243:3,249:17, 249:18,258:20, 263:7,271:2, 290:17,290:21, 291:2,296:22, 301:5,310:19, 313:17,313:20, 317:8,319:15, 322:9,322:15, 324:21,340:7, 368:12,369:5, 369:12,370:24, 371:2,378:6, 386:2,386:25, 387:4,388:13, 392:9,392:15, 396:13,396:16, 398:2,404:12, 416:10,417:8, 419:2,419:14, 419:17,421:24, 441:3,470:1, 475:8,475:19, 476:5,489:24, 493:6sit [1] - 203:3site [12] - 200:11,232:18, 232:21,233:7, 311:11,365:3, 390:4, 390:5,452:14, 452:16,453:17, 453:22sited [1] - 406:5sites [5] - 390:8,414:17, 418:11,454:6, 473:3Sites [1] - 471:22siting [4] - 249:7,396:23, 397:1, 444:7sitting [1] - 355:19situation [4] - 201:21,205:13, 242:6, 322:1situations [4] -202:13, 348:10,384:11, 442:23
42six [8] - 194:8, 320:22,322:1, 330:4, 330:9,414:2, 436:7, 482:2size [6] - 321:4, 382:8,382:9, 490:11,490:12, 490:13skills [1] - 219:7skirting [1] - 196:16skirts [1] - 194:22sleeve [1] - 372:2sliding [3] - 409:2,409:3, 409:5slight [1] - 472:12slipping [1] - 285:13slips [1] - 287:19slope [1] - 384:10sloughs [1] - 198:8small [9] - 186:4,190:14, 190:18,200:15, 272:9,334:20, 335:1,390:17, 396:5smaller [5] - 182:6,307:8, 307:11,352:4, 352:5snaked [1] - 194:15soccer [1] - 400:3Society [2] - 164:8,401:8socio [2] - 199:3,211:18socio-economic [2] -199:3, 211:18socioeconomic [1] -211:13soft [1] - 325:3soil [7] - 334:21,367:15, 367:22,383:15, 414:22,418:23, 454:12soils [1] - 408:12sold [1] - 463:16solid [1] - 241:6someone [6] - 306:9,367:12, 391:19,443:7, 467:10, 468:7sometime [1] - 196:20sometimes [7] -205:5, 213:13,303:22, 317:3,359:6, 487:1somewhat [5] -218:19, 226:15,226:17, 338:6, 443:9somewhere [3] -183:22, 256:8,406:23soon [1] - 244:9sorry [49] - 181:13,220:23, 236:17,
009035
243:22, 251:12,251:20, 255:14,255:15, 255:17,261:7, 290:4,303:15, 304:14,306:7, 306:15,306:25, 309:24,310:2, 325:21,330:17, 351:8,357:20, 359:12,373:7, 380:17,402:21, 403:11,406:14, 410:12,413:8, 416:19,423:18, 426:6,430:8, 430:18,434:11, 435:6,436:17, 442:19,449:12, 449:20,450:13, 450:16,450:22, 458:16,479:13, 480:5,480:17, 489:24sort [7] - 228:8,279:13, 309:10,336:7, 357:17,449:15, 491:22sorts [3] - 380:12,465:17, 494:21sought [1] - 457:22sound [6] - 320:16,335:25, 336:2,336:5, 392:15, 420:4sounds [8] - 209:24,336:8, 336:12,336:14, 339:19,339:24, 340:3, 413:1source [16] - 205:17,217:14, 218:18,272:9, 315:11,315:14, 316:9,316:12, 316:18,316:19, 317:1,317:3, 317:19,317:20, 476:13,478:2sources [9] - 266:16,266:18, 270:8,315:11, 315:14,316:2, 333:24,418:6, 418:23SOUTH [2] - 162:2,499:1south [5] - 197:14,321:21, 369:8,370:24, 371:3South [136] - 163:14,163:16, 167:18,186:24, 186:25,187:4, 198:6,
198:23, 199:5,200:19, 203:16,203:18, 214:16,217:15, 226:9,226:14, 230:6,233:16, 234:24,244:13, 249:3,249:4, 256:17,257:20, 257:25,258:17, 259:10,264:3, 264:8, 264:9,264:20, 264:23,264:24, 265:1,265:10, 266:11,266:20, 266:25,267:2, 267:6,267:10, 267:15,269:14, 270:14,271:13, 274:8,275:11, 275:22,276:4, 277:22,277:24, 286:13,289:17, 290:10,296:22, 296:23,297:4, 298:13,301:14, 301:20,301:23, 301:24,302:1, 302:4, 302:9,302:12, 303:1,305:14, 320:8,320:20, 329:8,329:10, 329:11,330:3, 330:22,331:7, 332:6,333:24, 341:23,355:10, 356:10,357:11, 358:16,358:20, 362:5,368:20, 368:23,369:20, 370:21,371:14, 372:12,372:16, 379:24,380:1, 380:2, 391:9,396:15, 401:8,411:2, 414:10,414:21, 424:22,427:4, 429:18,431:24, 439:13,439:17, 441:16,444:7, 444:20,446:1, 446:4, 446:6,452:4, 457:1,465:25, 468:2,468:8, 475:16,476:4, 476:15,476:16, 476:21,478:1, 489:17,490:14, 490:18,492:2, 492:10,492:12, 495:15,495:17, 499:7,
499:13southern [11] - 190:8,190:18, 190:21,191:1, 191:23,192:13, 192:18,193:2, 196:17,197:3, 480:16southwest [1] -261:16space [6] - 307:22,377:9, 399:25,487:4, 490:17,490:20spaced [1] - 249:10spacing [1] - 286:23span [1] - 207:7speaking [14] -273:13, 303:6,320:1, 416:5, 426:7,430:20, 439:14,442:21, 446:21,446:22, 446:24,447:3, 448:15,486:11speaks [1] - 308:4Spearfish [1] - 313:11Special [13] - 433:23,433:25, 434:4,435:1, 435:10,437:10, 441:25,445:22, 446:2,457:20, 458:23,461:6, 461:15specialist [2] - 464:16,464:17specialists [2] -410:21, 412:1specialized [1] -411:22specially [1] - 410:15species [67] - 186:15,186:16, 187:10,199:1, 203:23,203:24, 204:4,225:4, 278:1, 278:9,338:4, 425:21,426:25, 427:2,427:9, 427:23,429:14, 429:17,429:21, 430:11,430:23, 431:5,431:7, 431:10,431:14, 433:1,433:12, 436:3,436:15, 437:18,438:12, 438:16,438:18, 438:20,438:23, 440:19,442:20, 442:24,444:3, 444:15,
446:9, 446:14,447:6, 448:20,450:6, 450:10,450:12, 450:24,452:9, 455:9,455:12, 455:15,455:17, 456:18,464:9, 464:10,464:12, 464:25,465:2, 465:19,465:23, 467:9,482:15, 484:15,484:21, 489:10,493:3Species [8] - 432:24,436:23, 444:1,444:11, 455:10,455:18, 484:21,484:22specific [22] - 184:1,186:5, 206:6,263:16, 267:1,267:4, 267:6,270:18, 271:22,272:25, 274:7,274:11, 274:12,282:21, 287:19,293:10, 325:21,338:17, 391:12,437:7, 439:19,453:19specifically [22] -181:4, 189:24,200:22, 209:16,218:5, 226:8, 236:3,247:16, 265:21,290:11, 304:3,322:5, 325:16,326:14, 334:12,387:25, 398:2,410:18, 418:23,435:15, 449:3specifications [1] -324:7specifics [5] - 256:6,283:21, 286:6,292:4, 292:7specifies [1] - 188:23speculate [2] -279:14, 279:17speculating [1] -456:15speculation [5] -410:2, 455:20,456:4, 456:6, 478:23spelling [2] - 291:4,431:4spells [1] - 232:5spend [2] - 277:20,360:2
43spent [1] - 297:11Spill [1] - 164:6spill [31] - 184:9,184:12, 184:18,185:1, 188:1, 188:2,188:5, 188:16,237:18, 237:22,238:1, 243:16,244:17, 244:18,244:20, 244:23,247:7, 247:8,247:20, 248:10,341:6, 341:11,341:14, 341:15,341:16, 477:3,477:7, 478:15, 479:1spills [11] - 182:25,184:10, 189:1,238:10, 334:20,334:23, 335:1,335:5, 335:8,335:11, 454:11split [1] - 414:10spoil [6] - 349:21,350:4, 351:23,352:1, 352:2, 414:1spoils [2] - 308:1,308:3spot [2] - 251:23,431:13spots [1] - 380:20SPOTTED [1] - 173:20Spotted [2] - 167:16,167:17Sprague's [5] - 167:3,436:4, 436:13,436:14, 436:21spraying [1] - 451:14spread [21] - 301:12,301:15, 301:19,301:22, 301:24,303:7, 314:23,331:23, 338:21,338:24, 349:12,349:25, 379:21,379:25, 380:1,380:9, 382:10,450:5, 450:23, 455:7spreads [11] - 301:13,301:14, 301:18,379:20, 379:21,380:9, 380:14,382:3, 382:8, 455:16spreadsheet [1] -381:18spring [19] - 274:22,274:23, 274:25,275:2, 275:5, 275:8,276:2, 329:20,329:22, 330:10,
009036
330:18, 443:24,446:16, 446:19,446:21, 446:22,447:1, 447:2, 461:10springtime [2] -275:13, 275:15squarely [2] - 199:6,236:11SS [1] - 499:2staff [2] - 381:2,386:21Staff [15] - 163:10,165:21, 253:10,253:12, 286:8,289:10, 289:11,345:20, 357:5,379:2, 442:5,442:11, 496:20,497:5, 497:6STAFF [6] - 162:15,165:13, 170:14,171:2, 172:2, 173:2Staff's [1] - 180:21staffing [1] - 442:7stage [3] - 185:18,332:16, 494:17staging [5] - 332:9,332:11, 333:3,333:8, 333:14stakeholder [1] -204:24Stamm [11] - 164:11,222:14, 245:21,251:11, 252:1,277:18, 292:12,449:14, 496:1,496:5, 497:4STAMM [1] - 169:18stamp [4] - 193:5,288:15, 288:17stand [7] - 180:19,285:22, 296:15,300:9, 300:13,300:23, 343:17standard [5] - 200:16,207:9, 208:12,274:5, 465:25standards [9] -218:17, 236:16,236:18, 257:10,257:21, 259:17,287:16, 448:22,484:16standing [1] - 211:13Standing [5] - 165:4,165:5, 165:6,475:19, 476:7standpoint [6] - 189:8,207:11, 211:18,484:6, 486:3
stands [3] - 182:18,187:25, 481:9start [14] - 195:24,244:16, 273:7,274:21, 295:25,301:23, 301:24,347:2, 379:20,379:21, 389:18,496:2, 497:4, 497:8started [7] - 181:6,324:24, 325:11,330:7, 404:22,460:5, 463:13starting [2] - 395:2,443:20starts [5] - 205:1,301:19, 301:22,366:3STATE [2] - 162:2,499:1State [21] - 163:14,164:8, 186:25,187:3, 198:23,203:18, 203:25,214:16, 233:16,257:24, 267:7,267:10, 269:14,298:13, 368:23,401:13, 414:10,414:21, 465:25,490:14, 499:7state [53] - 181:12,194:18, 194:22,199:10, 203:16,203:19, 203:22,204:10, 214:15,215:15, 216:4,216:23, 226:1,235:11, 236:23,237:22, 244:23,256:22, 256:23,257:8, 257:12,257:18, 257:19,260:19, 261:18,265:20, 287:13,296:19, 307:4,311:5, 313:2, 313:9,313:13, 318:5,331:19, 393:13,403:2, 407:6,412:16, 415:18,427:8, 432:17,433:1, 433:2,439:21, 440:11,468:21, 469:1,469:18, 483:14,488:4, 489:2, 497:16statement [7] - 214:4,220:11, 257:23,479:4, 479:11,
480:4, 488:21Statement [3] -198:14, 226:2, 226:9statements [4] -211:25, 214:3,439:15, 460:19States [3] - 266:14,295:2, 399:23states [17] - 187:21,201:9, 261:6,265:24, 276:5,281:4, 281:8,281:10, 297:3,297:9, 307:6, 318:6,319:7, 432:22,432:24, 433:4,470:15States' [1] - 266:13statewide [1] - 406:9stating [1] - 347:14station [14] - 262:16,262:17, 271:14,272:15, 273:2,273:9, 274:2, 274:3,274:5, 274:7,274:11, 274:13,332:3, 396:24station's [1] - 273:2stations [7] - 206:21,265:11, 273:22,273:25, 287:14,345:7, 345:10status [3] - 312:4,339:24, 400:23statute [4] - 203:19,259:25, 260:11,268:14statutory [1] - 405:7stay [13] - 190:22,279:9, 280:2, 303:3,303:4, 303:5,361:21, 380:11,380:19, 380:20,380:22, 431:13,431:20stayed [1] - 191:21steel [1] - 206:17stem [1] - 314:3step [2] - 434:21,466:21stepped [1] - 203:8steps [3] - 249:24,249:25, 310:14still [28] - 185:21,194:16, 194:19,194:23, 196:15,234:7, 266:15,281:1, 284:2,303:10, 311:21,312:2, 312:17,
315:1, 315:19,315:20, 329:19,371:5, 371:6,378:23, 384:17,400:24, 429:22,444:8, 445:8, 459:8,469:14, 495:14stockpile [1] - 352:6Stofferahn [3] -166:11, 166:11,166:12STOFFERAHN [3] -174:17, 176:3,177:12Stone [1] - 479:7stop [5] - 201:12,214:24, 232:6,232:19, 379:20stops [1] - 237:17storage [4] - 355:4,355:5, 355:14,355:19store [1] - 383:19stored [3] - 355:13,357:11, 381:5stores [1] - 381:4storing [1] - 414:1straight [1] - 395:3strain [1] - 382:1strains [1] - 256:9straw [5] - 318:10,318:14, 318:16,318:23, 381:21stream [7] - 385:23,447:22, 447:23,448:3, 451:3, 451:8,451:10streams [2] - 187:5,187:13street [1] - 486:15Street [3] - 197:9,260:22, 393:19streets [1] - 198:2strict [4] - 326:16,326:18, 327:7,327:13strictly [2] - 212:21,327:15strike [10] - 228:17,233:25, 275:21,333:25, 343:1,343:22, 464:19,465:15, 467:1,467:16strikes [1] - 347:19strip [1] - 366:16strong [1] - 198:2strongest [1] - 484:1structure [8] - 220:4,221:19, 232:12,
44232:13, 318:14,410:20, 486:10,491:13Structure [1] - 164:21structures [2] - 199:2,379:9struggling [1] - 310:8studied [1] - 466:7studies [20] - 181:23,213:2, 213:4, 213:5,213:7, 213:8,233:17, 233:19,254:13, 411:4,415:9, 415:10,489:9, 491:22,492:3, 493:2, 493:3,493:4study [3] - 193:25,293:8, 304:4stuff [3] - 340:3,465:12, 491:9stunted [1] - 294:10Sturgeon [4] - 167:4,167:5, 437:24, 439:5subcontractors [1] -344:25subject [3] - 276:13,321:16, 444:14submit [14] - 213:23,213:25, 214:13,220:17, 220:21,221:1, 221:5, 221:7,222:20, 238:6,238:12, 239:7, 239:9submittal [1] - 214:9submitted [16] -199:12, 200:4,212:19, 222:19,224:21, 300:2,346:9, 348:18,360:6, 400:23,401:9, 401:19,401:20, 436:7,437:10, 471:12Subsection [1] -471:22subsection [2] -471:25, 472:2subsequent [3] -185:9, 370:13, 412:8subsidence [1] -247:9subsidiary [1] -280:18subsoil's [1] - 349:25subsoils [1] - 349:24substance [5] -207:23, 207:24,314:2, 316:15,444:13
009037
substitution [1] -496:14successfully [1] -400:5succession [1] -488:14sudden [1] - 272:16SUE [1] - 175:7sufficiently [1] - 399:4suggest [1] - 242:8suggesting [2] -266:23, 415:20Suite [1] - 296:22SULLY [1] - 499:3Summary [3] - 165:9,167:5, 167:7summer [4] - 275:10,276:1, 276:2, 330:19Summons [1] - 166:17Sunoco [11] - 164:5,183:14, 183:16,222:2, 222:4,248:11, 250:23,251:1, 251:3, 251:7supervisor [1] - 282:1supplies [1] - 315:23supply [4] - 264:7,266:3, 266:19,270:23support [4] - 182:20,274:14, 410:20,440:22supported [2] - 432:9,432:10supporters [1] -291:16supporting [3] -271:11, 272:23,432:12supports [1] - 405:2suppose [2] - 448:16,490:9supposed [3] -230:22, 296:6,346:15surface [7] - 341:11,341:14, 341:16,412:21, 413:6,415:1, 479:1Surplus [1] - 165:9surrounding [8] -182:6, 198:25,249:23, 293:21,341:11, 341:13,341:17, 369:15surroundings [1] -307:18survey [11] - 339:24,402:10, 414:24,415:19, 467:24,
469:23, 482:13,490:5, 495:6, 495:8,495:9Survey [12] - 164:16,164:17, 164:18,164:19, 164:20,467:21, 468:2,468:3, 468:5, 471:5,471:6surveyed [1] - 468:10surveyors [1] - 469:2surveys [26] - 404:23,414:22, 415:3,435:17, 435:19,446:16, 446:20,447:5, 468:13,468:21, 469:2,469:12, 470:21,470:22, 470:23,480:6, 480:8,480:11, 482:14,482:18, 484:17,489:15, 490:4,490:7, 495:12,495:13Surveys [1] - 471:7sustain [12] - 327:23,328:1, 338:9,338:14, 338:18,348:1, 348:23,349:7, 445:9,445:10, 445:11,458:21sustained [22] -229:25, 231:1,260:2, 267:14,286:4, 288:9, 328:8,357:3, 386:18,403:18, 430:7,455:2, 455:23,458:5, 459:9, 461:4,463:1, 470:13,471:17, 474:4,477:23, 481:1swear [1] - 194:9sweep [1] - 219:6sworn [1] - 262:19symbol [1] - 197:5syndrome [3] -431:18, 431:20,492:16system [11] - 192:16,263:21, 322:11,334:13, 334:16,359:19, 359:21,361:18, 362:1,362:19, 457:23System [4] - 167:10,167:10, 457:8, 458:1system's [1] - 359:17
systems [11] - 277:10,277:14, 320:11,320:23, 321:6,322:1, 359:11,362:4, 372:13,476:13, 486:22Systems [2] - 163:9,320:9
T
table [15] - 400:14,400:17, 400:20,401:7, 402:4, 403:9,414:6, 427:19,427:23, 437:9,437:15, 437:16,437:17, 438:4, 482:1talks [2] - 207:4,359:10tank [1] - 290:22tar [1] - 206:15tariffs [2] - 285:9,285:11TCP [3] - 479:20,481:7, 495:8TCPs [2] - 479:23,479:25Tea [10] - 164:23,182:1, 191:20,194:22, 204:17,258:18, 321:19,369:11, 392:9,483:18team [1] - 184:11Tech [1] - 261:5technical [2] - 433:14,438:14techniques [1] -411:22technology [1] -196:10Technology [1] -296:22temporarily [2] -303:14, 303:21temporary [35] -302:16, 302:18,302:19, 302:22,303:13, 308:11,345:7, 345:10,345:12, 345:15,345:19, 346:17,349:10, 350:4,350:6, 350:8,350:10, 350:14,353:22, 354:7,360:19, 377:8,377:22, 382:13,
382:14, 382:18,382:19, 408:6,408:11, 414:2,451:10, 451:23,451:25, 486:2tender [1] - 300:25TEPCO [1] - 261:16term [31] - 196:1,200:11, 227:12,227:16, 228:2,286:6, 309:22,326:18, 332:14,341:8, 341:12,396:25, 407:14,407:15, 412:18,412:19, 413:22,413:23, 440:15,474:6, 477:24,478:17, 479:2,479:20, 481:7,481:9, 485:3, 485:5,486:4, 486:12,487:13term's [1] - 227:6terminate [7] - 201:23,201:24, 236:8,236:9, 236:14,301:24, 344:1terminates [1] - 209:1termination [1] -344:4terminology [1] -493:9terms [13] - 183:2,184:24, 186:10,202:7, 248:7,248:20, 251:11,274:6, 306:10,390:3, 431:5,467:25, 470:10terrain [1] - 309:11terrestrial [1] - 186:17territorial [1] - 218:5territory [4] - 359:24,416:8, 416:10,416:21test [16] - 281:5,315:21, 315:22,316:17, 318:13,319:4, 319:5, 319:6,323:11, 341:22,358:6, 358:24,359:4, 371:19,371:21tested [1] - 319:1testified [54] - 182:24,211:2, 216:15,218:14, 222:4,229:1, 229:3,259:15, 270:12,
45282:2, 284:12,285:18, 286:3,286:12, 290:7,302:5, 332:23,340:16, 341:5,341:10, 341:21,342:2, 342:13,344:11, 344:18,357:10, 369:22,374:12, 375:6,387:16, 392:14,392:18, 397:4,430:15, 432:8,435:7, 457:20,462:23, 464:24,468:9, 468:11,469:21, 471:18,472:18, 473:18,475:5, 476:12,478:4, 478:14,478:20, 478:24,482:24, 484:14,493:2testify [24] - 188:4,200:8, 230:18,255:21, 268:15,316:25, 343:5,367:25, 378:18,388:1, 435:13,441:5, 455:22,457:23, 457:24,464:22, 465:4,467:4, 467:5, 467:7,468:15, 485:11,485:15, 492:3testifying [13] -230:16, 230:24,292:10, 296:1,343:3, 398:9,398:10, 398:12,416:12, 416:24,435:25, 471:16,472:6testimonies [1] -304:16testimony [205] -181:3, 185:8,186:22, 187:23,211:10, 211:11,212:1, 237:16,244:1, 249:2,252:21, 255:19,262:6, 262:19,265:4, 276:11,282:3, 282:6,282:11, 282:20,283:16, 284:6,285:19, 285:20,285:22, 285:23,286:18, 287:3,289:21, 290:2,
009038
292:25, 295:23,296:8, 297:12,297:15, 298:1,298:11, 298:14,299:4, 299:20,300:2, 300:4, 300:7,300:10, 300:12,300:16, 304:8,304:17, 305:17,305:22, 305:24,305:25, 306:6,306:16, 306:17,306:21, 306:22,306:24, 306:25,307:2, 307:6, 308:4,309:3, 309:23,310:1, 311:5,314:13, 317:13,319:7, 320:14,324:24, 325:4,325:5, 325:17,325:22, 325:23,325:25, 326:7,326:13, 326:20,326:21, 326:23,327:6, 327:10,327:14, 328:5,328:25, 332:14,334:1, 334:5, 343:2,343:7, 343:8,343:10, 343:16,343:23, 343:25,344:10, 345:6,345:18, 345:23,346:3, 346:10,346:11, 346:13,346:22, 347:8,347:12, 347:14,347:15, 347:16,347:17, 347:24,347:25, 348:7,348:13, 348:19,348:25, 354:16,354:18, 356:8,359:9, 360:3, 360:5,360:9, 363:5, 372:8,375:20, 377:6,381:7, 382:10,387:18, 389:10,392:25, 394:17,397:7, 397:11,397:12, 397:14,397:21, 399:3,400:12, 400:13,400:16, 401:10,402:9, 402:19,403:1, 403:24,405:22, 405:23,408:2, 408:5, 409:4,410:7, 412:3,412:16, 419:24,
423:2, 424:13,425:5, 426:7, 427:7,430:16, 430:21,432:8, 443:4,443:12, 443:15,444:18, 446:9,454:19, 457:4,457:5, 463:17,464:19, 464:20,465:6, 465:8,465:10, 465:13,466:2, 466:23,467:12, 467:15,468:1, 468:16,468:19, 468:20,469:11, 474:23,475:22, 475:23,481:24, 482:2,482:8, 483:7, 487:9,487:23, 488:7, 495:6Testimony [36] -165:14, 165:14,165:15, 165:15,165:16, 165:16,165:17, 165:17,165:18, 165:18,165:19, 165:19,165:20, 165:20,165:21, 166:3,166:4, 166:4, 166:5,166:5, 166:6, 166:7,166:7, 166:8, 166:8,166:9, 166:9,166:10, 166:11,166:11, 166:12,166:12, 166:13,166:18, 167:14,394:9testing [14] - 315:12,315:15, 315:18,317:1, 317:12,317:21, 333:17,358:3, 378:12,381:9, 414:5,414:13, 414:23,418:17tests [1] - 358:5Texas [9] - 260:22,261:5, 261:20,281:6, 281:9,281:10, 340:7,340:15, 393:19THE [136] - 162:1,162:2, 162:4, 162:5,162:12, 188:11,188:22, 189:14,189:22, 190:13,191:5, 192:5, 192:8,192:23, 193:3,193:8, 193:20,
194:6, 195:1,195:14, 195:18,195:23, 196:18,196:23, 196:25,197:6, 197:12,198:17, 200:18,202:19, 203:8,205:18, 206:10,206:16, 206:22,207:8, 208:21,209:6, 219:18,253:25, 254:24,256:11, 257:15,258:1, 258:4,289:19, 290:4,290:11, 290:17,291:1, 291:9,291:13, 292:3,292:12, 327:11,358:8, 358:19,359:3, 359:16,359:25, 360:17,360:23, 361:3,361:7, 361:12,361:23, 362:15,362:22, 362:25,363:13, 363:21,363:24, 364:2,364:5, 364:19,364:23, 365:8,365:14, 365:17,365:22, 366:15,366:19, 366:24,367:4, 367:10,367:15, 367:21,368:11, 368:14,368:17, 369:2,369:6, 369:9,369:16, 369:21,370:2, 370:5, 370:9,370:12, 370:15,370:22, 371:8,371:17, 372:4,372:24, 373:7,373:14, 373:16,373:19, 373:25,387:21, 388:5,388:12, 388:23,389:3, 428:13,444:24, 483:4,483:9, 483:19,483:24, 484:10,484:17, 484:23,485:3, 485:9,485:14, 486:7,486:21, 487:12,487:15, 488:5,488:21, 489:12,495:21theirs [2] - 280:18,362:20
themselves [4] -234:4, 235:1,380:10, 380:15theory [4] - 205:18,205:24, 206:7,225:14therefore [2] - 186:23,385:6thereunder [4] -285:4, 285:5,285:12, 285:13they've [7] - 182:17,182:18, 304:4,367:1, 423:24,460:12, 464:21thickness [2] -323:15, 323:16thinking [1] - 240:24thinks [2] - 373:4,441:10third [8] - 234:1,234:5, 234:7, 291:2,291:14, 351:19,351:20, 401:18third-party [3] - 234:5,291:2, 291:14thistle [1] - 483:2THOMAS [1] - 174:17Thomas [1] - 166:12Thomasina [1] - 163:6Thornton [1] - 165:19thoroughly [1] - 311:6thou [1] - 202:6thoughts [5] - 217:1,240:2, 290:24,369:1, 391:16thousands [3] -228:11, 293:15,495:13threatened [18] -187:10, 199:1,203:22, 204:4,225:3, 338:4,426:25, 427:23,433:11, 440:19,455:25, 464:25,465:1, 465:19,465:22, 467:8,482:15, 484:21three [22] - 183:22,188:17, 189:5,221:21, 221:24,237:20, 242:19,244:22, 246:18,246:22, 246:23,246:24, 246:25,251:8, 253:18,253:19, 253:24,301:18, 409:5,409:11, 410:6,
46446:11Three [1] - 205:23three-year [1] - 246:25throughout [5] -242:24, 355:6,399:2, 399:22,486:17thumbs [1] - 182:19tie [1] - 362:2tied [1] - 273:10tight [1] - 405:19tile [13] - 351:8,351:10, 351:11,351:13, 360:3,361:1, 361:4,361:10, 361:18,361:24, 362:3tiles [6] - 360:8,360:12, 360:14,360:15, 362:2, 362:7tillage [1] - 442:11timely [3] - 267:9,272:10, 324:9timing [4] - 271:25,272:1, 273:9, 273:10Timpson [1] - 165:21TIMPSON [1] - 172:17Tina [1] - 162:19tiny [1] - 197:16Title [1] - 167:18title [2] - 262:5, 394:8titled [2] - 471:8,471:10titles [1] - 219:2TO [1] - 162:5today [29] - 182:18,185:20, 187:25,191:11, 198:23,222:19, 222:23,223:1, 230:14,262:13, 262:19,280:10, 295:1,295:10, 295:11,297:22, 311:10,331:19, 335:20,339:17, 355:1,361:4, 388:1,416:12, 420:22,420:24, 463:7,487:20, 491:8today's [2] - 262:9,394:14TODD [2] - 169:18,173:3Todd [10] - 222:14,245:21, 251:11,251:12, 252:8,277:18, 292:12,449:14, 496:1, 496:5together [7] - 198:18,
009039
214:3, 242:2,346:17, 362:3,362:15, 466:18TOM [1] - 171:14tomorrow [5] -495:23, 496:2,497:7, 497:25, 498:3tonight [1] - 497:22took [4] - 283:11,325:12, 449:10,499:9tool [1] - 395:6tools [1] - 291:19Top [1] - 166:12top [15] - 321:8, 350:1,359:1, 359:2, 361:2,361:5, 367:22,384:2, 426:24,447:8, 460:21,479:24, 486:10,492:4, 492:6TOP [1] - 174:12Topeka [8] - 167:3,187:6, 403:5, 425:3,437:24, 438:1,479:6, 482:1topic [3] - 184:19,240:24, 244:23topics [3] - 463:18,464:22, 465:3topographical [1] -412:19topography [6] -409:18, 412:23,412:24, 413:6,413:13, 413:18topsoil [40] - 298:11,349:19, 349:23,351:1, 351:21,351:22, 351:23,351:24, 351:25,352:2, 352:6, 360:8,366:5, 366:9,366:12, 366:20,366:22, 367:9,367:13, 367:16,367:17, 383:3,383:6, 383:8,383:13, 383:17,383:18, 383:20,383:21, 384:5,384:12, 384:15,384:22, 387:17,387:20, 388:4,410:6, 414:1topsoil's [1] - 349:25tossed [1] - 363:2total [7] - 350:20,350:21, 350:22,350:24, 351:17,
352:17, 358:20touch [1] - 205:1touched [1] - 205:9tough [3] - 195:23,204:2, 353:9towards [3] - 369:15,376:16, 376:22town [4] - 197:16,303:8, 303:25,497:23township [2] - 312:24,313:1townships [1] - 313:8toxic [2] - 315:8, 315:9track [1] - 364:16tracts [1] - 390:3Tracy [1] - 166:4traditional [2] - 469:8,481:10traffic [1] - 485:20trails [2] - 400:2,400:3trained [4] - 184:12,201:4, 201:6, 410:15training [4] - 245:6,245:9, 245:12, 342:8TransCanada [1] -228:24Transcript [1] - 162:7TRANSCRIPT [1] -163:13transcription [1] -499:12Transfer [15] - 164:6,222:2, 248:8,260:24, 261:11,261:13, 261:21,277:6, 281:1,281:18, 357:15,393:18, 404:25,463:9, 463:14Transfer's [1] - 183:15transmission [1] -432:15transparent [1] -346:16transport [3] - 206:1,206:15, 284:2Transportation [1] -283:17transportation [8] -264:6, 265:12,284:7, 285:4,285:10, 342:15,342:17, 342:23transported [1] -266:24transporting [1] -206:7travel [1] - 189:7
travels [1] - 230:6traverse [3] - 254:2,313:16, 360:11traversed [1] - 360:14traverses [1] - 287:5traversing [2] -203:17, 414:25TRC [1] - 463:15treat [1] - 283:23treated [2] - 253:8,344:13treatment [3] - 222:24,222:25, 253:5treaty [4] - 215:11,237:1, 237:3, 407:11tree [2] - 426:13,488:15trees [14] - 336:7,425:7, 425:9,425:17, 425:21,426:1, 426:8,426:15, 426:17,487:22, 488:2,488:10, 489:1trench [3] - 317:12,418:22, 451:24trenched [1] - 418:20trenches [1] - 326:15Trenching [1] - 164:9trenching [1] - 413:25tribal [15] - 215:15,289:23, 407:11,415:8, 415:18,468:12, 469:11,469:14, 469:22,470:2, 490:6, 492:7,492:14, 495:9,495:13Tribe [26] - 163:6,163:7, 231:17,263:7, 271:2, 301:5,310:19, 313:20,317:8, 319:15,324:21, 378:6,404:12, 415:16,416:10, 416:16,416:17, 417:2,417:8, 419:2,419:14, 421:24,441:3, 476:5,489:25, 493:7TRIBE [4] - 167:2,167:15, 173:19,174:2Tribe's [2] - 313:17,419:17Tribes [12] - 415:2,415:20, 415:24,417:6, 469:4,469:19, 469:22,
470:17, 470:21,470:22, 478:1, 490:8tributaries [1] - 479:4Tributary [1] - 165:10tried [2] - 184:8, 326:9trigger [2] - 203:13,242:6triggered [1] - 256:14triggers [2] - 204:5,424:1triple [2] - 383:23,383:25troops [1] - 371:23trouble [1] - 344:13TROY [1] - 177:16truck [1] - 485:25true [2] - 207:19,499:11truly [1] - 199:12trunk [1] - 486:22try [11] - 189:22,195:19, 201:12,205:6, 218:10,223:3, 310:17,338:7, 385:24,387:21, 464:18trying [16] - 216:3,257:6, 287:18,307:21, 309:13,311:12, 347:22,370:25, 373:20,375:9, 376:15,392:5, 428:24,448:5, 461:18, 496:6Tuesday [1] - 496:15turn [2] - 320:1, 484:2turned [2] - 264:12,491:2Turner [1] - 396:16tweaks [1] - 186:4twice [6] - 217:12,217:16, 217:21,277:12, 352:19,388:1two [45] - 183:11,184:17, 189:6,194:8, 202:22,214:2, 216:23,219:15, 234:23,238:24, 244:21,250:25, 256:9,257:9, 258:2,301:14, 301:16,304:16, 305:16,306:2, 306:8,306:12, 306:13,317:10, 325:5,326:8, 346:23,348:12, 348:19,351:9, 362:9,
47375:13, 383:21,387:1, 389:20,403:2, 403:3, 403:5,403:21, 418:16,418:21, 423:22,426:22, 476:8, 482:7TWS [1] - 350:6type [21] - 200:16,201:7, 203:5,203:12, 205:3,206:6, 302:24,330:11, 334:11,338:8, 348:17,362:10, 362:19,365:4, 447:19,448:2, 448:18,449:15, 489:8,489:10, 491:9types [12] - 256:6,317:10, 391:19,418:16, 418:21,432:13, 449:24,451:1, 451:11,488:1, 488:15typical [15] - 298:5,298:7, 302:23,304:8, 304:17,305:15, 305:16,306:19, 307:1,350:2, 360:4,361:18, 366:1,366:4, 380:14typically [8] - 185:18,206:6, 207:8,254:12, 349:22,384:2, 415:7, 417:24typicals [6] - 305:2,305:5, 306:2, 306:9,306:14, 349:14typo [2] - 353:1,471:11typographical [1] -262:14
U
U.S [14] - 165:10,167:4, 167:5,187:11, 204:10,235:3, 235:6, 271:1,422:19, 423:5,436:2, 461:2, 462:24ultimate [2] - 188:16,221:24ultimately [1] - 266:25umbrellas [1] - 250:25unaffected [1] -417:25unanticipated [5] -231:25, 232:4,
009040
232:5, 232:15,401:11Unanticipated [1] -164:7unavailable [1] -312:17unavoidable [1] -227:10uncertain [2] - 202:7,248:7uncertainty [1] - 344:3uncomfortable [2] -375:22, 377:16uncomfortableness[1] - 376:7uncontaminated [1] -316:10uncovered [3] -355:17, 355:18,355:19under [75] - 183:13,188:23, 200:23,201:15, 203:10,204:2, 204:3,207:15, 207:16,211:4, 211:5, 212:7,212:9, 214:14,214:19, 215:17,216:13, 217:6,222:6, 226:16,230:15, 234:5,234:8, 237:21,238:5, 239:7,239:10, 239:20,242:13, 248:16,250:25, 253:1,253:4, 256:13,257:17, 257:20,329:18, 343:4,360:3, 364:3, 365:5,382:23, 401:21,410:10, 424:3,424:5, 424:15,425:2, 427:4,429:14, 431:10,435:22, 440:9,448:6, 448:12,448:14, 448:18,460:1, 461:16,465:9, 466:7, 469:2,469:16, 473:14,474:13, 474:18,476:22, 476:24,477:7, 479:22,480:11, 491:15,493:4, 493:24undergo [1] - 323:7underground [2] -185:25, 186:2underneath [2] -
322:7, 448:7understood [3] -368:4, 387:17,420:15undertake [1] - 411:15undertaking's [1] -469:9underway [1] - 274:13unearthed [1] - 232:16unenforceable [1] -202:7unethical [1] - 201:20unfamiliar [4] - 255:9,295:12, 407:14,407:15unfortunate [1] -232:22unfortunately [1] -232:20union [3] - 302:7,302:10, 302:14unions [1] - 302:15unique [3] - 415:9,453:10, 453:19unit [2] - 246:8,313:12United [4] - 266:13,266:14, 295:2,399:23units [6] - 245:9,312:19, 312:22,313:3, 313:5, 313:7University [2] - 261:5,432:4unknown [1] - 455:22unless [1] - 180:7unreasonable [1] -196:14unusually [7] -186:12, 186:14,186:23, 223:21,238:17, 452:6, 454:2up [76] - 182:19,184:18, 188:9,188:17, 189:7,193:21, 195:19,197:7, 208:5,209:18, 215:7,215:13, 216:10,217:23, 219:11,221:20, 224:4,224:5, 227:7,229:14, 236:24,237:14, 237:22,244:13, 246:23,247:24, 248:1,257:1, 258:10,265:17, 268:3,276:17, 278:19,278:22, 281:17,
283:25, 295:23,296:12, 306:25,324:4, 324:25,325:23, 340:7,341:9, 341:19,345:21, 352:21,356:23, 366:18,367:20, 371:16,372:11, 372:17,373:2, 375:21,375:23, 376:2,377:23, 391:7,391:9, 393:3,396:22, 397:14,398:21, 400:16,403:12, 409:8,414:9, 414:10,417:21, 425:15,462:10, 465:5,477:3, 486:8, 496:20update [2] - 419:18,434:20updated [4] - 428:13,428:18, 428:21,429:3updates [6] - 339:24,400:14, 401:7,402:8, 403:8, 419:23updating [1] - 400:20upfront [3] - 246:22,255:1, 255:9upland [1] - 351:20uplands [8] - 352:9,352:10, 352:12,352:19, 352:22,352:23, 352:24uploaded [2] - 420:23,420:24upper [3] - 440:8,440:10, 462:2upstream [6] - 205:21,218:17, 413:11,413:13, 475:18,476:24upward [1] - 189:11urban [5] - 386:20,399:10, 399:20,400:1, 400:7USA [5] - 238:20,278:10, 278:11,278:13, 278:17USAs [2] - 187:8,278:14users [2] - 476:23,476:24uses [8] - 265:14,265:25, 382:23,386:19, 407:23,408:4, 408:8, 456:20utilities [2] - 291:17,
293:23Utilities [1] - 300:3UTILITIES [2] - 162:1,162:12utility [1] - 288:23utilize [1] - 411:23utilizing [3] - 349:3,459:15, 487:5
V
vacant [2] - 310:8,310:9vague [8] - 455:20,456:5, 456:13,458:19, 458:20,459:8, 470:10,478:23vaguely [2] - 181:8,181:9vagueness [1] -458:22validate [1] - 259:14valuable [2] - 199:24,406:23valuation [2] - 254:1,254:8value [10] - 205:14,246:24, 253:22,253:24, 254:8,254:11, 254:14,255:4, 310:15,452:20Values [1] - 441:25valve [2] - 249:10,249:11valves [12] - 187:22,187:23, 188:7,248:24, 249:8,249:9, 249:14,249:20, 276:12,276:15, 286:12,287:8varies [4] - 207:8,405:18, 409:20,490:12variety [4] - 257:13,261:15, 292:23,397:15various [9] - 188:24,191:14, 210:15,258:16, 292:24,293:8, 357:11,366:2, 466:8vary [2] - 231:22,358:8varying [1] - 432:14vast [1] - 493:5vastly [1] - 432:13
48vegetated [1] - 488:13vegetation [11] -334:24, 335:3,408:12, 450:5,450:16, 450:17,450:18, 451:13,454:12, 488:1,488:15vehicle [3] - 336:1,336:13, 337:10vehicles [3] - 337:6,337:7, 485:18venture [2] - 183:11,261:24verbal [2] - 222:15,401:23verbalized [1] - 401:24verbally [1] - 222:13Verified [1] - 166:17Vermillion [4] -403:10, 479:8, 482:5verse [1] - 188:25version [3] - 428:21,429:10versions [2] - 305:17,428:20versus [2] - 266:2,306:4vested [2] - 210:21,210:23viability [1] - 440:15vice [11] - 218:22,218:23, 218:25,219:9, 261:1,261:11, 261:20,280:23, 281:20,281:22, 281:23Vicinity [1] - 167:18vicinity [4] - 405:17,406:2, 406:16,406:19view [1] - 406:15views [1] - 469:9vigorously [2] -240:18, 241:5violate [1] - 344:1violation [1] - 455:18violations [1] - 251:16visit [1] - 203:4visited [1] - 202:23visual [1] - 396:24voiced [1] - 386:4voids [3] - 410:11,410:12, 410:13volume [1] - 430:9Volume [6] - 162:9,164:16, 164:17,164:18, 164:19,164:20voluntarily [1] -
009041
239:15volunteered [1] -464:8vote [1] - 338:12
W
wait [3] - 276:4, 296:2,296:11waiting [2] - 401:25,402:4waive [1] - 239:17waiver [2] - 356:4,356:6waivers [1] - 356:2walk [2] - 283:25,468:6walk-up [1] - 283:25wall [3] - 292:8,323:15, 323:16Wall [1] - 194:23WALSH [1] - 170:19Walsh [3] - 165:14,497:9, 497:12wants [4] - 259:25,383:7, 496:23, 497:6warming [3] - 454:17,454:24, 454:25warnings [1] - 315:4warrant [1] - 475:10warranted [1] - 478:8waste [3] - 335:6,335:9, 454:11WASTE [1] - 170:6wastes [3] - 334:21,335:2, 335:12water [100] - 191:17,217:10, 217:14,218:7, 218:15,218:17, 278:15,278:16, 315:11,315:14, 315:16,315:23, 315:24,316:8, 316:9,316:11, 316:17,316:19, 316:20,316:25, 317:3,317:9, 317:14,317:19, 317:20,317:25, 318:9,318:11, 319:1,320:11, 320:23,322:1, 322:5,322:10, 333:24,334:13, 334:16,334:21, 341:12,341:14, 341:16,341:22, 358:24,359:1, 359:4,
359:11, 359:17,359:19, 378:11,378:14, 378:19,378:20, 381:9,381:11, 381:14,381:20, 381:23,402:25, 407:1,410:11, 412:21,412:25, 413:6,413:10, 414:12,418:5, 418:12,418:13, 418:15,418:16, 418:25,441:14, 452:11,454:3, 454:8,454:12, 464:2,464:4, 476:9,476:13, 476:14,476:18, 477:1,477:11, 477:12,477:18, 478:2,478:21, 479:1,479:2, 481:25,482:3, 486:13Water [11] - 163:9,165:9, 167:10,167:10, 204:2,218:3, 218:13,320:9, 372:13,476:22, 476:25waterfowl [4] -198:12, 198:15,440:16, 440:17waterline [3] - 321:19,322:14, 323:2waterlines [2] -320:19, 321:2waters [1] - 341:22watershed [1] - 359:7waterway [1] - 207:16waterways [4] - 198:8,198:15, 210:15,476:8ways [8] - 339:1,349:11, 411:4,411:7, 411:12,414:9, 449:23,451:21weather [3] - 276:4,330:14, 330:16WEB [3] - 359:19,372:21website [7] - 281:6,281:8, 281:17,420:24, 422:4,428:25, 440:6Wednesday [1] -496:15weed [2] - 494:18,494:20
weeds [4] - 331:20,331:23, 494:13,494:21week [7] - 208:23,242:1, 297:16,300:12, 496:10,496:11, 496:15weekend [1] - 242:1weeks [2] - 311:11,311:13weight [1] - 311:18weighted [1] - 395:12welcome [1] - 487:15welfare [2] - 320:20,322:15well-aware [1] - 368:1wellhead [1] - 396:20wells [1] - 411:11West [2] - 403:10,479:7Western [1] - 167:7wetland [16] - 227:8,334:3, 337:12,352:12, 385:23,402:25, 433:24,434:2, 439:8,439:12, 439:17,452:19, 462:14,478:5, 493:8, 493:10Wetland [1] - 453:7wetlands [28] - 199:2,304:9, 304:12,304:18, 304:21,325:19, 325:20,340:16, 340:18,340:20, 340:24,352:7, 352:8,352:15, 352:21,352:23, 353:5,353:8, 353:13,392:7, 435:13,446:5, 452:25,465:1, 465:21,478:4, 478:7, 478:9whatsoever [1] -230:18whereas [1] - 467:23whistling [1] - 336:6white [2] - 431:18,492:16white-nose [2] -431:18, 492:16whole [9] - 212:4,229:2, 269:15,344:8, 395:15,421:11, 443:10,463:17, 489:2whooping [3] - 447:6,479:15, 479:17Wiconi [1] - 477:24
wide [11] - 212:6,212:8, 305:13,305:14, 307:5,307:6, 307:15,331:3, 350:2,395:15, 463:18wider [2] - 307:12,307:14WIEBERS [1] - 176:14Wiebers [1] - 166:13Wiest [15] - 162:16,180:15, 180:21,230:20, 240:1,240:15, 252:18,255:13, 296:14,337:23, 378:5,379:2, 389:19,421:23, 495:22WIEST [215] - 180:16,180:23, 188:12,194:3, 209:9, 210:4,210:8, 219:20,219:23, 221:16,229:25, 230:3,230:25, 231:14,237:7, 239:2,239:24, 240:4,240:10, 240:13,241:16, 241:22,242:3, 242:10,242:15, 242:21,243:2, 243:5, 243:9,243:21, 243:23,250:11, 250:14,252:12, 252:14,252:17, 252:24,253:3, 253:6,253:10, 253:13,255:12, 255:14,255:17, 258:5,259:5, 260:2, 260:6,260:8, 260:13,262:23, 262:25,265:7, 266:8,267:14, 267:24,268:20, 269:9,270:17, 271:5,280:5, 282:18,284:16, 286:4,288:9, 289:6, 289:8,289:10, 289:13,292:16, 294:14,294:17, 295:15,295:19, 296:3,296:9, 296:11,299:17, 299:24,300:5, 300:21,301:2, 319:18,319:22, 319:25,324:13, 324:16,
49325:2, 326:10,326:12, 327:19,327:22, 328:7,338:6, 338:12,339:11, 343:9,343:21, 343:24,346:5, 346:21,347:4, 347:11,348:4, 348:21,349:8, 357:3, 357:5,358:1, 364:8,364:12, 372:9,374:1, 376:4, 378:3,378:8, 379:1, 379:4,379:16, 386:16,387:10, 387:14,389:11, 389:15,389:18, 393:6,397:10, 397:22,398:8, 398:19,399:18, 403:18,404:3, 404:7, 410:3,416:18, 417:3,419:4, 420:8,420:19, 421:3,421:19, 422:11,422:14, 422:16,424:7, 424:20,428:6, 428:11,428:14, 428:22,429:1, 429:6, 430:1,430:7, 430:20,430:24, 431:1,441:12, 444:22,445:13, 447:10,447:13, 447:17,449:17, 454:21,455:2, 455:23,456:7, 456:25,458:5, 458:21,459:8, 461:4,462:16, 463:1,466:4, 466:13,467:1, 467:16,470:13, 471:17,472:8, 473:7, 474:4,475:13, 475:25,477:23, 478:25,481:1, 481:4,481:16, 481:19,482:23, 483:11,487:16, 489:19,490:1, 491:5, 494:2,494:25, 495:3,495:19, 495:24,496:3, 496:5,496:12, 496:16,496:20, 496:25,497:4, 497:10,497:14, 497:19,498:1
009042
Wiest's [1] - 338:16Wildlife [45] - 167:4,167:5, 187:12,203:14, 204:11,234:15, 234:18,234:24, 235:6,235:8, 277:23,331:23, 334:2,334:8, 401:1,422:20, 423:1,423:5, 423:6,423:17, 423:20,436:3, 442:3, 442:6,445:23, 457:7,458:1, 458:8,458:15, 459:14,459:19, 459:21,459:24, 460:3,460:19, 460:22,461:2, 461:6,462:19, 462:24,489:13, 492:23,493:24, 494:6wildlife [20] - 187:15,335:9, 336:16,336:22, 337:1,337:7, 339:2, 339:5,426:1, 426:3, 434:2,436:2, 440:19,441:15, 454:12,455:3, 455:7,456:10, 457:21,494:7willing [5] - 238:5,248:15, 252:22,253:23, 482:19willingness [1] -253:16Williston [1] - 217:20Win [1] - 165:3WIN [1] - 170:6wind [2] - 336:6,432:15winter [8] - 193:12,275:9, 276:1, 276:2,330:15, 330:19,340:9, 447:3wintertime [4] - 330:5,330:6, 330:8, 330:12Wisconsin [2] - 432:5,432:6Wisconsin-Platteville [1] - 432:5wise [1] - 192:17wish [3] - 208:20,348:2, 465:4wishes [1] - 209:4withdraw [1] - 349:9withstanding [1] -312:14
WITNESS [132] -177:15, 178:2,188:11, 188:22,189:14, 189:22,190:13, 191:5,192:5, 192:8,192:23, 193:3,193:8, 193:20,194:6, 195:1,195:14, 195:18,195:23, 196:18,196:23, 196:25,197:6, 197:12,198:17, 200:18,202:19, 203:8,205:18, 206:10,206:16, 206:22,207:8, 208:21,209:6, 219:18,253:25, 254:24,256:11, 257:15,258:1, 258:4,289:19, 290:4,290:11, 290:17,291:1, 291:9,291:13, 292:3,292:12, 327:11,358:8, 358:19,359:3, 359:16,359:25, 360:17,360:23, 361:3,361:7, 361:12,361:23, 362:15,362:22, 362:25,363:13, 363:21,363:24, 364:2,364:5, 364:19,364:23, 365:8,365:14, 365:17,365:22, 366:15,366:19, 366:24,367:4, 367:10,367:15, 367:21,368:11, 368:14,368:17, 369:2,369:6, 369:9,369:16, 369:21,370:2, 370:5, 370:9,370:12, 370:15,370:22, 371:8,371:17, 372:4,372:24, 373:7,373:14, 373:16,373:19, 373:25,387:21, 388:5,388:12, 388:23,389:3, 428:13,444:24, 483:4,483:9, 483:19,483:24, 484:10,484:17, 484:23,
485:3, 485:9,485:14, 486:7,486:21, 487:12,487:15, 488:5,488:21, 489:12,495:21witness [55] - 180:17,244:6, 244:8,260:10, 262:21,268:15, 269:7,270:12, 284:11,295:20, 296:7,298:20, 300:25,327:3, 327:8, 328:4,329:23, 337:22,343:3, 348:15,374:5, 375:6, 376:1,376:11, 393:7,397:17, 404:5,416:11, 419:5,420:7, 427:22,428:17, 428:20,430:4, 430:15,440:24, 441:4,441:6, 441:23,444:10, 448:11,449:16, 449:17,449:22, 455:22,456:14, 458:4,459:6, 460:25,462:23, 465:11,465:13, 481:3,496:1, 496:4witness's [4] - 343:2,345:22, 443:15,454:19witnesses [10] -230:18, 300:8,466:25, 495:23,496:3, 496:6, 496:7,496:18, 497:16,497:17WITNESSES [15] -168:2, 169:2, 170:2,170:14, 171:2,172:2, 173:2,173:19, 174:2,174:6, 175:2, 176:2,177:2, 178:5, 179:2witnesses' [1] -443:11Wittler [2] - 162:24,499:18WITTLER [1] - 499:5wonderful [2] -340:12, 340:14wondering [4] -308:16, 378:13,426:10, 488:17word [8] - 285:5,
285:12, 285:14,285:15, 400:8,402:19, 450:20,458:19wording [1] - 353:2words [8] - 182:17,192:2, 275:17,275:18, 303:16,310:8, 328:3, 493:17workday [1] - 201:16workers [14] - 301:10,302:3, 302:8,302:16, 302:22,302:25, 303:1,303:14, 303:24,304:2, 344:11,344:25, 380:3,485:24workforces [1] - 382:9works [6] - 277:2,295:3, 302:15,387:7, 424:12,486:24workspace [22] -345:12, 345:15,345:19, 349:11,350:4, 350:6, 350:9,350:10, 350:14,353:22, 354:3,354:8, 354:10,354:13, 377:8,377:11, 377:22,382:14, 382:15,382:18, 382:20,383:19workspaces [1] -346:18world [2] - 201:22,228:10worldwide [1] -452:21worst [1] - 449:6worst-case [1] - 449:6Worthing [2] - 355:10,355:12write [4] - 285:15,287:23, 443:6, 497:2writes [1] - 391:19writing [6] - 215:24,216:1, 234:10,297:24, 445:20,465:7written [20] - 187:1,225:6, 236:19,241:18, 241:23,242:20, 244:19,246:13, 246:15,248:13, 262:19,265:3, 297:12,297:15, 375:19,
50379:22, 403:25,460:13, 462:18wrote [3] - 287:24,403:11, 443:8
X
XL [2] - 475:15, 476:3
Y
YANKTON [3] -167:15, 173:19,174:2Yankton [18] - 163:6,167:18, 231:17,263:7, 271:2, 301:5,310:19, 313:17,313:20, 317:8,319:15, 378:6,404:12, 416:10,416:22, 417:8,419:2, 489:24yard [5] - 310:10,310:23, 333:14,355:19, 380:25yards [41] - 193:17,193:19, 303:11,303:12, 303:15,303:17, 308:5,308:15, 310:4,310:16, 310:17,311:3, 328:14,332:9, 332:11,332:16, 332:24,333:3, 333:9, 345:9,355:4, 355:5,355:14, 363:10,363:11, 364:22,374:11, 374:12,374:15, 374:17,374:18, 375:2,375:4, 375:7,375:13, 375:15,375:18, 375:19,375:21, 375:22,376:7Yates [1] - 477:19year [14] - 230:7,246:25, 277:12,280:12, 282:25,295:1, 295:7,295:10, 355:24,355:25, 408:14,409:6, 477:9Year [2] - 167:5, 167:7year's [1] - 330:16years [30] - 183:17,196:8, 196:9,
009043
51197:18, 205:11,207:5, 227:22,246:18, 246:22,246:23, 246:24,251:8, 253:18,253:19, 253:24,261:7, 380:8, 394:2,399:16, 404:14,404:22, 409:5,409:11, 410:6,415:15, 424:9,424:14, 432:9,441:8, 493:20years' [2] - 380:7,400:6yellowish [1] - 191:9yesterday [14] - 181:6,183:16, 184:19,188:15, 202:20,222:4, 228:20,229:1, 245:5,246:17, 247:20,420:22, 428:19,487:19yield [2] - 247:5, 490:6yields [3] - 247:1,409:8, 409:18Young [2] - 165:3,165:20YOUNG [1] - 170:6yourself [6] - 299:2,364:1, 438:23,464:10, 464:16,480:6
Z
Zone [1] - 164:6zones [2] - 217:23,429:18zoning [2] - 343:6,399:13Zulkosky [1] - 167:14
009044