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U.S. ENVIRONMENTAL PROTECTION AGENCY

PUBLIC HEARINGS

REGARDING EPA OBJECTIONS TO 36 DRAFT NPDES PERMITS

FOR DISCHARGES ASSOCIATED WITH COAL MINING

______________________________________________________

Transcript of Public Hearing held on

June 5, 2012, commencing at 7 p.m.

Frankfort Convention Center

405 Mero Street

Frankfort, Kentucky 40601 

Denise Y. Vasquez, RPR, KyCCR

Registered Professional Reporter
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MS. MacPHERSON: Good evening everyone. If 

everyone could please take a seat so we can get 

started with tonight's hearing we'd appreciate it. 

Please come forward, start filling up the seats. 

I know we still have quite a few people on their 

way in, but we don't want to deny those the 

opportunity to speak tonight and wait too long. 

Great. My name is Charlie MacPherson, and 

I'll be facilitating tonight's session. We also 

have sign language interpreters with us, and we've 

been asking, as they come in, if they need that 

service. But if there's anyone who does, if you 

could stand up, we want to make sure you are 

seated near the front. Okay, I don't see anyone 

right now. 

Now, my role tonight as facilitator is to 

ensure that as many people as possible have the 

opportunity to share their comments and that we 

maintain a safe and secure environment tonight. 

So those are my two objectives. And to help meet 

those objectives, I just want to briefly review 

some of the ground rules. Now, everyone should 

have a copy of these guidelines on their chair, 

but I just want to highlight four of them for us. 

First, please show courtesy to all speakers 
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and everyone here. Any disruptions, including 

applause, which, while might be appreciated, is 

only going to cut into someone else's time to make 

a comment. So, please, try to minimize any 

disruptions. For people who have registered to 

speak tonight, we have set time limits; again, to 

try to get as many people as possible to speak, so 

please adhere to those time limits. And I will be 

talking about -- more in detail about those time 

limits in a bit. 

For those of you who have cell phones, please 

set them to vibrate or turn them off now. And if 

you do need to have conversations, please exit the 

hearing area; again, to minimize any disruptions. 

For those people who wish to speak tonight, even 

if you've registered on-line, you need to obtain a 

speaker number, which is on a yellow sheet of 

paper, so, hopefully, you have that. 

Now, you all should have a copy of the agenda 

on your chair. And on the back of the agenda is a 

form in which you can make written comments 

tonight. And you can leave those comments out 

front at the registration table and they will be 

made part of the administrative record. This 

evening's hearing is being transcribed. And a 
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complete transcription will be available on EPA's 

website. 

Now, I want to briefly review the process 

tonight that we're going to follow for making 

statements. So people who have registered to make 

a statement and have the number in the upper right 

corner of the yellow form. We're going to limit 

statements to two minutes; again, to try to give 

as many people as possible an opportunity to make 

a statement. I know it's not a lot of time; but, 

again, you have a chance to submit your comments 

in writing if you have more detailed statements. 

And there is a chance that even if you do have a 

number to speak, you may not have that 

opportunity, depending on how long it takes us to 

get through the other statements tonight. Due to 

restrictions of the facility, we do have to be out 

at 11 p.m. 

So, now, I'm going to call the numbers in 

blocks of 20. So the first 20, when your number 

has been called in that block, if you could please 

go to the back left corner where our staff will be 

waiting and they'll meet with you to discuss in 

more detail the process, and then you'll wait 

before coming back -- they'll instruct you to come 
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back to make your statements. 

At this time, I would like to have blocks 1 

through 20, numbers 1 through 20 go in the back. 

Our staff, he's raising his hand there, and 

they'll brief you on the instructions, and then 

I'll go into more detail on the process for making 

the statements after opening remarks. 

So, at this time, I'd like to introduce 

Mr. Jim Giattina, who is the presiding officer for 

tonight's hearing. Jim. 

MR. GIATTINA: Yes. Thank you, Charlie. 

Good evening, folks. I am Jim Giattina. I'm the 

Water Division Director of the U.S. Environmental 

Protection Agency's regional office in Atlanta, 

Georgia. EPA's regional administrator has 

designated me to conduct the public hearing this 

evening. I have with me Mr. Chris Thomas, who is 

chief of our pollution control and implementation 

branch. 

And let me start by thanking all of you for 

taking the time to be here this evening. We 

recognize that coal mining operations are 

critically important for Kentucky and for meeting 

our energy needs as a nation. We recognize that 

many of you are worried about your jobs. We also 
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know that many of you are concerned about the 

impacts coal maning -- coal mining may have on 

your health and environment. The purpose of this 

hearing is to listen to your concerns, especially 

as they relate to the 36 permits EPA has objected 

to that are the subject of this hearing. 

I want to note that EPA and the Kentucky 

Energy and Environment Cabinet have been working 

over the past two years to identify a set of 

common sense practices and appropriate permit 

conditions that we believe will protect and 

improve water quality while addressing the 

industry's concerns for clarity and cost 

effectiveness. Most of these practices have been 

developed by experts here in Kentucky and are 

beginning to be implemented by local mines. For 

example, some mining companies are redesigning 

mines to reduce the number, size, and location of 

fills. They are more carefully monitoring 

pollution levels, instream biology at their mines, 

and they're using realtime adaptive management 

techniques to prevent problems in downstream 

waters. They are beginning to find, target, and 

isolate specific sources of pollutants to keep 

them away from the water. And it's this kind of 
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innovation and care that will help ensure that 

coal mining remains a vibrant part of the local 

economy. 

Our desire at EPA is for the Commonwealth to 

move forward and issue permits that require these 

kind of innovative approaches and that have 

appropriate pollutant limits to protect water 

quality. Let me briefly give you some additional 

background information that is important for you 

to understand as you make your oral or written 

comments. The permits we are discussing are water 

discharge permits, known as National Pollutant 

Discharge Elimination System, or NPDES, permits. 

These are required by the Clean Water Act. An 

NPDES permit is the basic tool for controlling 

water pollution, and it contains conditions and 

limitations to protect water quality and its many 

uses, such as fishing, swimming, canoeing, and as 

a source of drinking water. The Clean Water Act 

requires that NPDES permits include pollutant 

limits stringent enough to ensure that discharges 

do not cause violations of the Commonwealth's own 

water quality standards. 

As part of the permitting process, Kentucky 

provides copies of draft NPDES permits to EPA for 
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our review. Since August of 2009, based on 

information provided by the Kentucky Division of 

Water, the Division has issued individual NPDES 

permits for approximately 87 surface mining 

projects and 28 underground mines or coal 

preparation plants. Additionally, the Division 

has allowed approximately 2,500 new and existing 

coal mining projects to proceed under its general 

permit authority. Over the past two years, EPA 

has objected to the issuance of a number of 

permits drafted by the Division, 36 of which 

remain and are subject -- are the subject of this 

hearing. 

While the majority of mining projects that 

need NPDES permits in Kentucky have received 

authorization to go forward, EPA remains concerned 

with mining discharges. In 2010, the Kentucky 

Division of Water estimated that at least 1,522 

miles of Kentucky's rivers and streams are 

threatened or impaired due to mining. Recent 

studies, as well as the experiences of coal-filled 

communities, point to new environmental challenges 

largely unknown even 10 years ago. Sediment, 

salts, and metals that runoff from poor mining 

practices can destroy the habitat that sustains 
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fish and other forms of aquatic life in eastern 

Kentucky waterways. They threaten sources of 

drinking water and can affect the quality of life 

for the people of this region. Our objections to 

these 36 draft NPDES permits are based on the same 

fundamental concern, that permits must be strong 

enough to control pollution from these mines, 

pollution that can harm human health and aquatic 

life. 

This evening we are here to listen to the 

concerns you have about these permits. In 

particular, it is important that we receive any 

specific information you have with regard to these 

mines and the waters that they discharge to. 

As Charlie said, I know that we are limited 

on time and how many people can speak this 

evening. I encourage everyone who's interested in 

contributing comments and unable to speak tonight 

to do so in writing. The contact information was 

provided on your chair this evening. We will hold 

the public comment period open until June 21st, so 

we'll be accepting written comments up until that 

time. I want to emphasize at this point that no 

final decisions have been made. After considering 

all of the comments, the data and information 
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received on the permit objections, EPA's regional 

administrator in Atlanta will make a decision to 

reaffirm, modify, or withdraw each of our original 

objections. Once these decisions have been made, 

we will notify the Kentucky Division of Water, 

each of the permit applicants, and all of those 

who have registered and provided a mailing address 

to us. Our decision will also be posted on EPA's 

website. 

If we withdraw any of our objections, the 

Kentucky Division of Water will be able to move 

forward and issue those permits. If we reaffirm 

or modify any of our objections, the Division of 

Water can send us revised draft permits within 30 

days that address our concerns. If for some 

reason we cannot reach agreement with the 

Division, then EPA will issue a permit for those 

particular mines. However, as I said earlier, I 

am hopeful that we will be successful in reaching 

agreement with these permits. It is our 

opportunity to hear directly from you this 

evening. 

I want to thank you again for being here and 

for participating in this process. And at this 

time, I'll turn it back over to Charlie, who will 
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moderate the rest of our hearing. 

MS. MacPHERSON: Thanks, Jim. If everyone 

could come forward. Oh, you're the -- the 20 

block. You stay right there. Next, I'd like to 

ask Secretary Peters of the Kentucky Energy and 

Environment Cabinet, and followed by Commissioner 

Bruce Scott of Kentucky Department for 

Environmental Protection, to come up and make some 

opening remarks. Gentlemen, mind the fort. Sorry 

about that. 

SECRETARY PETERS: Thank you very much. Good 

evening. I am Len Peters, Secretary of Kentucky's 

Energy and Environment Cabinet. And on behalf of 

Governor Steve Beshear, I want to thank Region 4 

for conducting this hearing to receive comments on 

their objections to Clean Water Act permits for 

surface mining operations in eastern Kentucky. 

Today's hearing is unprecedented in Kentucky. 

Also unprecedented is the state feeling compelled 

by matters of principle to sue the U.S. EPA, which 

we did in 2010 because of what we deemed to be 

arbitrary and inconsistent application of policies 

governing mining operations. My comments today 

regarding EPA's objections to these permits, 

therefore, are consistent with the concerns we 
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have expressed for more than two years now 

regarding this issue. 

As someone responsible for overseeing the 

state's environmental protection programs, I 

support and am, in fact, obligated to enforce 

regulations necessary to protect our land, air, 

and water resources. We can and must do all that 

is reasonably possible to protect our environment 

and the lives and health of our citizens. We have 

federal and state laws and regulations that not 

only guide this process but that bind us so that 

our decisions are not arbitrary, political, or, 

otherwise without basis. Environmental permitting 

is not designed to stop legitimate business 

activities, whether we are talking about a mining 

activity, a manufacturing facility, or a water 

treatment plant. Rather, permitting is to ensure 

these activities are done in accordance with 

existing laws and regulations. Regulators and a 

regulated community need certainty in this 

process. In addition, regulators and a regulated 

community need to be assured that decisions are 

made fairly and reasonably based on accepted 

scientific studies and analysis. 

The Energy and Environment Cabinet and U.S. 
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EPA have an important partnership, and we share 

the same mission, to protect human health and the 

environment and to ensure environmental protection 

laws and regulations are implemented and enforced 

fairly and reasonably. Kentucky cannot simply 

reject surface mining permit applications that are 

in accordance with existing laws and regulations. 

Despite the rhetoric from some, surface mining, 

including mountaintop removal mining, is a legal 

form of mining that occurs on privately-owned 

land. We follow the federal Surface Mining 

Control and Reclamation Act, the Clean Water Act, 

and other federal provisions in operating the 

Kentucky program. Coal can be and is being mined 

in an environmentally responsible manner. We 

continue to make improvements, and the industry 

has been willing to do things better. For 

example, the Beshear Administration initiated a 

novel approach to ensuring enhanced environmental 

protection of surface mining operations through a 

fill minimization process, a protocol that should 

have been enhanced -- embraced by the EPA but was 

not. 

All sources of energy production in use, even 

renewables, have an environmental impact. But 
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existing laws and regulations are in place to 

minimize impacts and to reclaim mined land. That 

is why it is disconcerting to us that EPA has 

applied a specific benchmark, that is 

conductivity, to Appalachian coal mining, a de 

facto standard that has been based on what should 

be very narrowly interpreted incomplete science, 

not one that should be a surrogate measure of 

overall water quality. 

I read an opinion piece in the paper this 

week that even misrepresents the facts by saying 

that conductivity is a measure of contamination. 

The EPA knows and I know that this is not true, 

and yet many people do not know otherwise. 

Governor Beshear and I recognize and respect that 

EPA has a responsibility and obligation to revise 

and update regulations and program requirements as 

necessary to protect human health and the 

environment. However, EPA should not create new 

regulatory requirements that have not undergone 

the appropriate Congressional or rulemaking 

processes. As it is, EPA is preventing through 

its objection process, Kentucky, a delegated 

state, from issuing permits with no recourse for 

us or for the regulated community or for the 
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thousands of Kentuckians that depend on mining for 

their livelihoods. We should not allow a few 

studies, studies that have credible counterpoints, 

to determine the economic destiny of one region of 

the country. We have allowed rhetoric and 

misinformation to overwhelm what should be a 

legitimate discussion of very important issues, 

jobs, human health, the environment, and the 

rational application of administrative oversight. 

I will close by saying that I appreciate the 

efforts of the staff within Region 4. They worked 

closely with our Cabinet to arrive at a solution 

to move these permits forward. We were assured by 

headquarters that if we were to reach agreement, 

which we did, that EPA would honor that agreement. 

Unfortunately, that ultimately was simply not the 

case. And many months later, we are still 

experiencing the consequences of headquarters' 

actions.

(Applause) 

COMMISSIONER SCOTT: Good evening. My name 

is Bruce Scott. I'm the Commissioner of the 

Kentucky Department for Environmental Protection. 

I thank you for the opportunity to provide 

comments today regarding EPA's permit objections 
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to 36 draft Kentucky NPDES permits for discharges 

associated with coal mining operations in eastern 

Kentucky. 

The Commonwealth of Kentucky has been 

delegated authority by U.S. EPA to administer the 

NPDES program in Kentucky since 1983. Since 1983, 

there have been tens of thousands of NPDES permits 

proposed and issued by Kentucky for wastewater and 

storm water discharges across the Commonwealth, 

ranging from individual homes, to cities, to 

industries, and to coal mining operations. The 

Agency is aware of only one prior instance where 

an EPA permit objection of the Kentucky proposed 

draft NPDES permit may have occurred. That was 

approximately 25 years ago for an industrial 

operation. No previously proposed NPDES permit 

for a coal mining operation has ever previously 

been objected to. However, since April of 2010, 

EPA has objected to approximately 40 proposed 

individual NPDES coal mining permits and has 

approved only one individual NPDES permit for a 

new or expanded surface mining operation in 

eastern Kentucky. Since receiving NPDES program 

delegation in 1983, Kentucky has maintained 

conformance with federal EPA regulatory 
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requirements. Simply stated, Kentucky's 

regulations and regulatory requirements are the 

same as the federal EPA regulations and regulatory 

requirements. 

With regard to the 36 EPA permit objections 

subject to the public hearing here today, it is 

noteworthy to point out that EPA has not made any 

changes to the federal NPDES regulations that are 

subject of these permits since April of 2010. In 

addition, there have been no changes to the 

applicable state or federal water quality 

standards that apply to Kentucky waters that are 

at issue in these permit objections since April 

2010. The question, therefore, must be asked: 

What changed? What state or federal regulations 

have changed that has resulted in these EPA permit 

objections starting in April of 2010. 

While that question remains pending, Kentucky 

has continued to work extensively with EPA to 

address EPA's evolving comments and concerns that 

have been expressed over the past two plus years. 

Kentucky has provided numerous proposed draft 

permits, both formally and informally, consistent 

with existing state and federal regulations in an 

effort to resolve these objections. We've 
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remained committed and hopeful that a resolution 

to these objections can and will be achieved. 

With specific respect to the EPA permit 

objections subject to this public hearing, EPA's 

stated concerns primarily fall into two 

categories. First, with respect to how the 

reasonable potential analysis, or RPA, was 

performed to determine whether the proposed 

discharges have a reasonable potential to cause or 

contribute to a violation of Kentucky's water 

quality standards. And, secondly, the 

establishment of permit requirements in accordance 

with the determinations of that reasonable 

potential analysis. 

With respect to the first issue, Kentucky 

followed existing EPA-approved RPA procedures, 

regulations, and application requirements 

consistent with 40 CFR 122.44 and 40 CFR 122.21. 

Specifically, Kentucky evaluated available 

discharge data and/or requested discharge data 

where it was unavailable for a new discharge, as 

per existing regulatory requirements and 

permitting procedures. 

With respect to the second issue, Kentucky 

imposed a combination of chemical specific 
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limitations and monitoring requirements, whole 

effluent toxicity limitations and monitoring 

requirements, best management practices 

requirements, and instream biological assessment 

requirements and limitations. In addressing -- in 

addition to addressing individual parameter RPA 

requirements, the narrative water quality standard 

for conductivity and total dissolved solids is met 

via the combination of these permit requirements, 

consistent with 40 CFR 122.44. In addition, the 

instream biological assessment requirements are 

designed to address the site specific nature of 

the receiving stream, as specified in the 

narrative water quality standards cited in 401 KAR 

10.031 Section 4(1)(f). 

In light of these facts, we respectfully 

request that EPA withdraw its permit objections. 

And we look forward to continuing to work with EPA 

in our ongoing effort to bring resolution to these 

issues in a timely manner. Thank you again for 

the opportunity to provide these comments. We 

will be providing additional written comments on 

these EPA permit objections. Thank you.

(Applause) 

MS. MacPHERSON: Okay. Thank you. That 
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concludes the opening remarks. And at this time, 

I'd like to call down the first block of 20 

speakers, with the even number speakers behind 

this microphone (indicating), the odd number 

behind this microphone (indicating). And if the 

second block, numbers 21 to 30 could go out in the 

back and meet the staff, and we will start the 

cycle here; again, so we could try to hear as many 

comments as possible. 

So, as I call your number, please step up to 

the microphone, state and spell your name, as I 

mentioned, we are preparing a transcript, and the 

organization you're representing. Also, please 

mention if there's any specific permit you're 

referring to, or if you're just speaking in 

general terms please mention that as well. We 

will then start the timer, which you see up on the 

screen just to help you with your time management. 

So after you say your name, organization, and if 

you're speaking about a specific permit, then 

we'll start the timer, and you'll have two minutes 

in which to make your statement. I request that 

you do stop speaking when the two minutes is up. 

We will also help you with that by being able to 

mute the microphone, because then I want to move 
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to the other speaker to give them a chance to 

speak. Again, please show courtesy to all the 

speakers and respect the time limits so that we 

can get as many comments as possible tonight. If 

you have brought a written copy, we -- also you 

may leave it at the registration table to help us 

out. 

Okay. So let's get going. Starting with 

number 1. 

SPEAKER NO. 1: I'm Terry Carmack, and I'm 

representing Senator Mitch McConnell, the 

Republican Leader of the United States Senate. 

"Today, I welcome the opportunity to provide my 

comments about the Environmental Protection 

Agency's objections to 36 Kentucky specific 

permits. Unfortunately, Congress is in session 

this week, so I cannot attend this important 

hearing in person. Like most of the country, 

Kentucky is suffering from a very difficult 

economic times. Far too many Kentuckians are 

unemployed and the prospect for future employment 

remains daunting, and that's why it is especially 

irritating that this Administration has blindly 

followed ideological policies that eliminate jobs 

in our communities. The people of Kentucky are 
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amongst the hardest working on the planet. But 

how can we be expected to compete if our own 

government is working against us. Simply put, my 

constituents are under siege from the Obama 

Administration's regulatory agenda, and the EPA is 

the worst offender. 

These 36 objections are further proof of this 

siege. Perhaps the clearest example of this 

Administration's regulatory assault is its war on 

coal. Since being sworn in, President Obama's EPA 

has set out to circumvent the will of Congress and 

the American people by turning an already 

cumbersome mine permitting process into a backdoor 

means of shutting down coal mines. 18,000 

Kentuckians work in coal mining. And nearly 

200,000 more, including farmers, realtors, 

transportation workers, rely on the coal industry 

for their jobs. Attacking an industry so 

important to Kentucky will only succeed in putting 

more people out of work, impeding future growth -- 

job growth and increasing energy prices. 

A former EPA official under the Obama 

Administration recently summed up the regulatory 

philosophy of the Agency with respect to those 

working in the coal business by saying it wants to 
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crucify them. This radical environmental 

anti-coal agenda must stop." Thank you very much.

(Applause) 

MS. MacPHERSON: Thank you. Okay. And thank 

you. Well done on the time management. He set 

the bar perfectly. So next speaker, number 2. 

SPEAKER NO. 2: My name is James Milliman, 

State Director for Senator Rand Paul. And like 

Senator McConnell, Senator Paul is in Washington 

today in session fighting the EPA. (Applause). 

And he -- he has prepared a written statement that 

he's filed as of -- as of the record. 

But I want to say, ma'am, look -- look out at 

this crowd, and I want the EPA to take a look out 

here and see what they see. They see Americans. 

They see Kentuckians. They say -- they see people 

for 250 years have given their lives. They've 

scraped in the mines, they've gone through mine 

disasters, and they have provided energy for the 

rest of this country, and now we have people in 

this country, including the President of the 

United States that wants to spit on them. 

(Applause). And, madam, the EPA can say all it 

wants about hearings and all of this. These 

people do not trust the EPA (Audience members 
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respond) and they have no reason to trust the EPA. 

It is the EPA's burden to show that they are 

worthy of their trust. They have not shown it. 

When the President of the United States says 

he wants to bankrupt their businesses, their 

livelihoods, put them out of work, how can they 

trust the EPA? When EPA officials say they want 

to crucify their companies, like the Romans did to 

the dissonance in Ancient Rome, when they aren't a 

battleground state, would you be taking this 

position singling out Kentucky if it were a 

battleground state like Ohio and Illinois? No, 

you wouldn't. They are being penalized. 

(Applause). They are being punished because they 

disagree with this Administration. And it is time 

for the EPA to stand up to its responsibility 

(Audience members respond) and listen to the 

people because you cannot silence them. They will 

not be silenced. (Applause). They will stand up. 

Thank you.

(Applause) 

MS. MacPHERSON: Okay. Thank you. Thank 

you. Again, any cheering, it's just going to 

delay the -- the statements. (Audience members 

respond). But, so, I appreciate the timing. We 
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want to give people an opportunity, you all an 

opportunity to speak tonight. So number 3, 

please. 

SPEAKER NO. 3: My name is Bill Nave, and I'm 

here on behalf of Congressman Ben Chandler to read 

excerpts of the following letter put in the 

record. "As you know, the Kentucky Energy and 

Environment Cabinet requested a meeting with your 

office over a year and a half ago to discuss the 

EPA's objections to 36 permits approved by the 

state. I am grateful your office has responded by 

scheduling these hearings to give my constituents 

an opportunity to convey the importance of coal to 

our state, as well as to express concerns over the 

application of guide -- guidance standards to the 

permit. Coal is critically important, abundant, 

inexpensive, and domestic energy source for this 

great nation. And in recent years has been the 

subject of many of your Agency's new regulations. 

Coal is a source of electricity for over 

one-third of the United States. It supports many 

small businesses and union jobs. Further, while 

our country needs to diversify its energy 

resources, coal is here to stay for the long-term 

and will remain a necessary and vital part of our 
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energy policy.

One of my chief concerns is whether your 

Agency is engaging in regulatory and 

jurisdictional overreach by basing rulings on mere 

advisory guidance rather than laws made by elected 

officials or promulgated regulations. I'm also 

concerned the EPA is exercising unnecessary 

oversight on decisions made by the state's 

permitting authority, the Kentucky Division of 

Water. While I believe at being good stewards of 

the environment is critical, I also believe in 

obeying and upholding current laws important to 

companies that have clearly defined standards 

under which to operate.

Excessive and unnecessary regulation will 

result in higher energy prices and unemployment in 

the state already struggling economically. 

(Audience member responds). Without a doubt, 

proximity to the coal industry has helped improve 

the quality of life, Kentucky families and 

communities, providing inexpensive electricity, 

over 3,800 jobs and 123 million in coal severance 

taxes to be reinvested in our great Commonwealth. 

EPA needs to recognize that coal is not the enemy 

and have -- can have environmental as well as 
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economic and national security benefits. 

(Audience member responds). I respectfully 

request your Agency listen to their concerns." 

Thank you.

(Applause) 

MS. MacPHERSON: Thank you. Thank you. And 

if I could request to please try to speak as 

clearly as possible. Our interpreters are having 

a hard time understanding and they want to make 

sure they capture all that. So, thank you. Okay. 

Number 4. 

SPEAKER NO. 4: Danielle Smoot with 

Congressman Hal Roger's office. Congressman 

Rogers, of course, regrets that he cannot be here 

to join us today. He is, of course, in Washington 

fighting the same fight on Capitol Hill like he 

has been doing for many years for everyone here 

today. Congressman Rogers has grave concern about 

the Environmental Protection Agency strangulating 

regulations on Appalachian coal. In fact, earlier 

this year he told EPA Administrator Lisa Jackson 

that the Agency's behavior is contemptible. 

(Audience member responds). 

Time and again, the EPA has tried to bypass 

the Congress and weaken state authority. 
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(Audience member responds). And they make no 

secret of this Administration's intentions to 

shutdown Kentucky coal. (Audience member 

responds). The permit process is now so complex 

that our coal operators are jumping through 

regulatory hoops trying to understand the constant 

shift in standards and rules that don't apply to 

everyone. What we do know, what is clear is that 

only one 404 individual permit has been approved 

for new surface mining operations in Kentucky in 

three and a half years. (Applause). That is 

downright shameful. 

Congressman Rogers has made it clear that 

just because you're pro coal doesn't mean that 

you're against the environment. He is the 

co-founder of the eastern Kentucky PRIDE 

organization that has invested environmental 

education in every school district in southern and 

eastern Kentucky, has inspired upwards of 33,000 

volunteers to clean up our hillsides every spring 

and remove nearly 30,000 straight pipes from our 

streams. In fact, some of PRIDE's most proud 

sponsors and volunteers are coal operators and the 

people sitting right here today. (Applause).

No one here wants to eliminate environmental 
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laws. That's not our purpose. But we do expect 

them to be applied fairly and consistently so our 

coal mining families can build a business, start a 

family, or buy a home without the fear of a pink 

slip because another permit is on hold. The EPA 

has a duty to protect the environment. But this 

duty must be fairly applied under the law and 

executed absent of political agendas. 

On behalf of the men and women of southern 

and eastern Kentucky, Congressman Rogers asks that 

the EPA overturn its objections to these permits. 

Thank you.

(Applause) 

MS. MacPHERSON: Okay. Thank you. Number 5. 

SPEAKER NO. 5: Hi. I'm Brian Smith, and 

I've got a statement here from U.S. Congressman 

Brett Guthrie. "Though, I regret I cannot be 

present to attend this hearing on account of votes 

in the House of Representatives, I want to make it 

clear that I am fully opposed to the war on coal 

that has been waged by the Obama Administration. 

Coal isn't just about mining jobs, it's about all 

jobs. My background is in manufacturing and my 

family owns and operates Trace Die Cast, an 

automotive supply facility in Bowling Green. 
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Manufacturing is an energy intensive business and 

Kentucky is one of the most attractive states in 

the nation for manufacturers because of 

electricity rates that are consistently among the 

lowest in the nation. The affordable electricity 

guaranteed to us by coal has been a major 

contributor to attracting global employers like 

Ford and Toyota. And as we all know, our country 

has to be a nation that makes things if we are 

going to compete in the global economy. (Audience 

member responds).

Despite this, President Obama and EPA 

Administrator Lisa Jackson have made a point of 

attacking the energy-producing, job-creating coal 

industry that powers American industry. President 

Obama, acting through the EPA, has stifled the 

mining industry. EPA's strangulation by 

regulation is the cause for today's hearing. But 

it is by no means the only front in this 

Administration's war on coal. 

Indeed, the Obama Administration is attacking 

coal on numerous fronts. In Kentucky, the EPA is 

delaying, denying, or obstructing the permits 

needed to extract it from the ground. Nationwide, 

the EPA is imposing regulations on power plant 
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emissions that are unworkable and unaffordable in 

hopes of drowning out the industry with billions 

of dollars in new regulation. At the same time, 

the EPA is attempting to reclassify coal ash 

leftover from combustion as hazardous waste, when 

it is directly counter to EPA's own scientific 

findings. 

The last case is particularly informative. 

As EPA attacks coal at every stage of its life 

cycle, from extraction to disposal, it is doing so 

with little regard for science or environmental 

protection. For EPA, it's about ending coal first 

and protecting the environment second."

(Applause) 

MS. MacPHERSON: Thank you. Okay. Speaker 

number 6. 

SPEAKER NO. 6: My name is David Williams, 

W-i-l-l-i-a-m-s. I am President of the Kentucky 

State Senate and former Chair of the Council of 

State Governments in the Southern Legislative 

Conference. First, I would like to welcome the 

Environmental Protection Agency to a 

coal-producing state. (Applause). A 

coal-producing state that understands that even 

the provisions of the Clean Water Act allow 
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variances that can be regulated from requirements 

of enforcement when there is widespread social and 

economic disruption. Kentucky is an example, if 

there ever was one, of widespread social and 

economic disruption that has occurred because of 

the, we believe, illegal actions of the 

Environmental Protection Agency.

I don't mean to insult anyone on -- in the 

Environmental Protection Agency. We just state a 

fact, and that fact is Kentuckians, not just coal 

miners, but all Kentuckians are seriously damaged 

by the actions of this Administration and the 

Environmental Protection Agency. (Applause). I 

strongly -- I am here -- I am here as a legislator 

and President of the State Senate to redress a 

grievance and to petition my government, all of 

our government, to withdraw the permit 

applications and allow Kentucky miners to go back 

to work. (Applause). 

April 1, 2010 is an important date. It 

wasn't just April Fool's Day, it was the date that 

guidance was issued, not a law, not a regulation, 

but a guidance, which forever changed in the minds 

of Kentuckians the level of trust they have for 

their government. That guidance changed the 
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interpretation of regulation and law. And from 

that date forward we were not allowed to proceed. 

We weren't allowed to amend the permits that were 

in process, and permits were denied and not 

issued. 

We believe that this is a wrongful use of 

power by the federal government. We as individual 

states have constitutional authorities and we're 

here to redress that grievance. Thank you for 

listening to each and every one of us. Do the 

right and fair thing and let our permits free so 

we can put our people back to work.

(Applause) 

MS. MacPHERSON: Thank you. Thank you. 

Okay. Speaker number 7. 

SPEAKER NO. 7: I'm Robert Stivers. I am the 

State Senator from Clay County and the majority 

floor leader of the Kentucky State Senate. I come 

here as a policymaker, and I do understand the 

fact that there will be, upon the actions of the 

EPA, a loss of taxes and a severance tax, which 

runs our state and local governments. I 

understand the policy and the impact of the fact 

that many people who do not work directly in the 

mining industry, but work in the steel industry, 
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the aluminum industry, the -- the rail industry, 

the automobile industry, will lose their jobs and 

we will not be competitive because prices for 

energy and the rates on the kilowatt hour will go 

up. 

I understand that people who work directly 

have secondary jobs in the coal industries, such 

as truck drivers, equipment salesmen, people who 

work for selling supplies, every mom and pop 

grocery store that sells pickled bologna, a moon 

pie, and a Pepsi to these people who go there and 

work will be impacted. But I'm not here to talk 

the policy and the principle of that. 

What I'm here to tell you, as being from Clay 

County, as I walked in here and there are 

thousands more people outside, that there are 

consequences to the EPA's actions or inactions. 

When I see a friend that I sat down next to, Bobby 

Collins, it's my neighbor, or I get a call from my 

relative who says, "I'm afraid I'm going to lose a 

job," who's been working for ICG for almost 30 

years or the subsidiaries, but most importantly, 

when my 22-year-old son walked in last night and 

was so proud to say he worked in the coal industry 

running an auger, that he may lose his job due to 
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the regulatory actions of the EPA, I tell you here 

as a parent, as a friend and a neighbor, this is 

supposed to be the Administration of hope and 

change. Well, you have changed the rules. And my 

people have lost their hope for an opportunity to 

work in the area that they come from. And I ask 

you to realize the consequences of your actions.

(Applause) 

MS. MacPHERSON: Thank you. Thank you. 

Yeah, I just want to say before speaker 8, I 

really appreciate everyone adhering to the time 

limits and showing courtesy to the speakers. 

That's going to help us get as many comments as 

possible tonight. I appreciate that. Thank you. 

Number 8. 

SPEAKER NO. 8: Senator Robin Webb, W-e-b-b. 

I represent the 18th District where we have river 

and rail direct impact. I want to welcome the EPA 

here today. And before I was elected to the 

Senate, I spent ten years in the House where I was 

a second-ranking member of the Budget committee, 

so I know first-hand the economic impact that coal 

and the incidental industries have on this state. 

I also knew from an early age that I wanted to 

work in the coal industry as a coal miner. I had 
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the opportunity to do that. I wrote my high 

school paper on SMCRA. I'm going to tell my age. 

In 1978, and I testified at the 10-year 

anniversary before Moe Udall's committee on SMCRA 

in Washington, DC. I have two degrees from 

Morehead State University, one in underground mine 

safety and one in surface mine production. I'm a 

former prosecutor for the Natural Resources 

Environmental Protection Cabinet in surface mine 

enforcement. I'm also former general counsel of 

the 4th -- at the time, 4th largest coal company 

in the nation, the producer in the nation. So I 

know a little bit about the industry and I know a 

little bit about the law. 

And I stand before you today as an elected 

policymaker, who is accountable to my people 

(Audience member responds) and I say, to use a 

legal term, ultra vires action, as administrators, 

you have usurped elected Congressional authority 

and imposed arbitrary and capricious rulemaking. 

(Audience member responds). I also chaired the 

404 Water Task Force here in Kentucky under the 

former Secretary Wilshire. I know a little bit 

about that, too. I know that the 404 allows for 

variances when certain criteria of impact are met. 
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I charge to you that those criteria are met here 

in Kentucky today. 

And I want -- we respectfully ask to free the 

36 permits and future permits and let my people go 

back to work, because when you free those permits, 

you free my people. Thank you.

(Applause) 

MS. MacPHERSON: Thank you. Okay. Speaker 

number 9. 

SPEAKER NO. 9: Good evening. I'm State 

Senator Dorsey Ridley, representing the 4th 

Senatorial District in far western Kentucky. I'm 

proud to serve three coal-producing counties, 

Henderson, Union, and Webster, and three coal 

using coal-supporting counties, Caldwell, 

Crittenden, and Livingston. I serve on the state 

Natural Resources and Environment Committee and 

the Special Energy subcommittee, and I am a proud 

supporter of Kentucky coal industry. 

I was compelled to come here tonight to 

express my utter indignation with EPA for the way 

it has blocked permits for new and expanded mining 

activities in Kentucky. It is oppressive to our 

economy, hurtful to our well-being and obstructive 

to our growth. It's unjustifiable. The EPA 
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changed the rules in the middle of the game, 

rejecting permits after the release of new 

regulations that were just approved the month 

before. They disregarded practices that have been 

in place for more than 20 years without public 

notice or any public input.

The coal industry was not even given a chance 

to modify permit applications to meet the new 

requirements, neither was the Kentucky Division of 

Water given the opportunity to change their 

procedures. It's unfair. How can the coal 

industry strive or even survive against such 

tactics, the mines closing, losses of jobs, and 

this hard blow, it's a hard blow to our state's 

economy, just when we're starting to recover from 

this recession. When the coal industry hurts, all 

of Kentucky hurts. But it seems the EPA doesn't 

care that Kentucky is hurting, even though it 

excludes Pennsylvania, Ohio, and Virginia, states 

that are in our same eco region from the new 

regulations. It binds them only to us. Why? 

There's no good reason why. The fine people of 

the Commonwealth and the fine people of the 4th 

Senatorial District deserve better than this. 

And on behalf of the tens of thousands of 
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people in the district I represent, who support 

the coal industry, I ask the EPA to withdraw these 

unreasonable permit objections and to work openly 

and justly for our state from this point forward. 

Thank you.

(Applause)

MS. MacPHERSON: Thank you. Thank you. 

Okay. Speaker number 10.

SPEAKER NO. 10: My name is Jim Gooch. I'm a 

Democrat State Representative representing the 

12th District in the heart of the West Kentucky 

coalfields. I'm serving my 10th term in office, 

and for the past 14 years I've served as Chairman 

of the House Natural Resources and Environment 

Committee. I'm happy to have with me here today 

Representative Hubert Collins from Paintsville, 

who's serving his 22nd year and is Chairman of the 

House Natural -- the House Transportation 

Committee. 

You know, Kentucky is here today to talk 

about coal because we have been very prudent in 

our choice for sources for our electricity. Coal 

is the most available, the most abundant, the most 

affordable, and the most reliable source that we 

have. So we can say that for -- in order for 
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Kentucky to go forward, coal must be a part of our 

future. But coal has also been very important to 

this country. It's been the backbone of this 

nation for more than 200 years. It fueled the 

Industrial Revolution, was critical to our success 

in winning two World Wars, and made this nation 

the super power that it has become. It is these 

successes that this great nation has achieved the 

dreams of our forefathers. These same forefathers 

drafted the Declaration of Independence. They 

fought and won the Revolutionary War and they set 

into place the fundamental principles of 

federalism that created a balance between the 

powers between the federal and the state 

governments. 

Listen to these profound words from the 

Declaration of Independence. "We hold these 

truths to be self-evident, that all men are 

created equal, that they are endowed by their 

Creator with certain unalienable Rights, that 

among these are Life, Liberty and the pursuit of 

Happiness -- That to secure these rights, 

Government are instituted among Men deriving their 

power from the consent of the governed." 

Like I say today, that we do not consent to 
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the government destroying our way of life. We do 

not consent to the devastation of our economy, and 

we certainly do not consent to this government 

taking away our unalienable rights that have been 

given to us by God, these being life, liberty and 

the pursuit of happiness.

You know, the state's created a federal 

government, not the reverse. So why would the 

states create a government to control and take 

away their rights? If we are to give up our 

rights as a state, then where does this end? Will 

federal governments give up their rights one day 

to world governments? I think not. Thank you for 

taking the time to hear me.

(Applause) 

MS. MacPHERSON: Thank you. Thank you. 

Speaker number 11. 

SPEAKER NO. 11: My name is Ben Waide, B-e-n 

W-a-i-d-e. I'm the State Representative from 

Hopkins County, Kentucky, the 10th District. I 

represent approximately 46,000 people. And I 

bring to you, EPA, a message from those 46,000 

people tonight. And that message is, you've gone 

too far, and you know you have. (Applause). So 

we think you're a little confused. We think 
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you've forgotten who you work for. (Audience 

member responds). You work for us. We don't work 

for you. (Applause). We think that you've gotten 

a little confused about your mission. Your 

mission is to protect the people, not attack the 

people. (Applause). As it was mentioned earlier, 

coal is mined in Kentucky in an environmentally 

responsible way. Everything we do here is legal, 

until you changed the rules. And when you do 

that, I submit to you, respectfully, you broke the 

law and you need to be accountable for that. 

(Applause). 

My message to you tonight, EPA, is that 

you've gone too far. You've gone too far with 

copper in Alaska, and you know what I'm talking 

about. You've gone too far with slow-walking 

permits for oil in the Gulf, and you know what I'm 

talking about. You've gone too far with the Green 

River formation, with oil in America (Audience 

member responds) and you know what I'm talking 

about. And you went too far when you created a 

rule out of thin air that no coal mining operation 

could possibly meet. (Audience members respond). 

You went too far. When you take away the 50 

percent of the power generation in this company -- 
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in this country, do you have anything to replace 

it with? (Audience members respond). The message 

I have for is you've gone too far and you need to 

be accountable for that. Thank you.

(Applause) 

MS. MacPHERSON: Okay. Thank you. Thank 

you. Speaker number 12. 

SPEAKER NO. 12: Thank you. My name is Stan 

Lee. I represent the 45th District, which is 

Fayette County in Lexington in Central Kentucky. 

And I have a message for some of my friends from 

the left who are here today. There's not a coal 

miner, coal operator, or anyone in here who wants 

dirty water. (Applause). That's not what this is 

about. It's never been about that. It's never 

been about the Clean Water Act or the Clean Air 

Act. It's been about a president who has decided 

to punish the state that didn't vote for him in 

2010. (Applause). And it's about a state that 

ain't going to vote for him this year. 

(Applause). 

Now, I'm here to tell you that the people in 

Central Kentucky, we don't have a coal mine, we 

don't produce coal, but we use an awful lot of 

energy, and we are one of the economic drivers of 
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the entire state. And by hurting coal, you hurt 

our ability to attract industry to this state, to 

move our state forward. You're depressing not 

only eastern Kentucky and western Kentucky, you're 

depressing the entire state. It's deplorable. 

(Applause). So I call on -- I call upon the EPA 

and President Obama to quit hiding behind the 

Clean Water Act, to quit hiding behind the Clean 

Air Act, or any other act they can think of and 

come out and tell us what this is about. This is 

about punishing a state and punishing an industry 

that you just happen to not agree with. 

I would ask the EPA to withdraw your 

objections to these mining permits, allow these 

fine men and women to go back to work, and allow 

our state to move forward. Don't depress our 

state, allow us to move forward. Thank you.

(Applause) 

MS. MacPHERSON: Thank you. Okay. Speaker 

number 13. 

SPEAKER NO. 13: My name is Brent, B-r-e-n-t, 

Yonts, Y-o-n-t-s. I'm State Representative from 

the 15th Legislative District covering Muhlenberg, 

Christian, and Hopkins County in the coal center 

of the west Kentucky. Muhlenberg County in 1960 
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produced more coal than any other site in the 

world. It is home to Tennessee Valley Authority's 

Paradise steam plant, which provides electricity 

from coal to about a million homes in this region. 

Coal produces 94 percent of the electricity in the 

state of Kentucky. It produces 51 percent of the 

electricity in these United States. Coal miners 

make $65,000 per year on the average. 

The federal agencies, in particular, tonight, 

the EPA is going against the law. You are 

usurping public policy. You are creating law 

without authority from Congress, without any 

regulations documenting or supporting any exercise 

of authority you're attempting to make. By not 

following the rule of law, and this is a country 

of law (Applause), you are -- you are overreaching 

the promisee that Kentucky has in citing permits 

for surface mining. You are overreaching in a lot 

of areas about water, about air. You have 

violated the sovereignty of the Kentucky -- 

Commonwealth of Kentucky. You have violated the 

Federal Administrative Procedures Act in how you 

have acted in making these changes and regulations 

through the guidance that was referred to above. 

You are pursuing a self-centered arbitrary 
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policy against coal, against surface mining in 

Kentucky, all of which we are doing perfectly 

legally. And we have promisee. You are second. 

You are abusing the policy. There's different 

opinions about whether mountaintop mining should 

happen. But that's not the question. We have 

regulations in place. We follow the law. You're 

not following the law. 

Please remove these objections to the 

permits. Do not deprive us of jobs. Let our 

people go back to work. And as our Governor said, 

"Get off our back."

(Applause) 

MS. MacPHERSON: Thank you. Okay. Speaker 

number 14. 

SPEAKER NO. 14: My name's Fitz, F-i-t-z, 

Steele. I represent the 84th District, the number 

two and three largest coal-producing counties in 

this Commonwealth. I have here with me, the first 

lady of coal, Representative Leslie Combs, Pike, 

Letcher, Harlan, and Representative Edmonds from 

Breathitt County. (Applause). 

First of all, I'm a Democrat. I'm Vice Chair 

of Natural Resources Committee, and I know more 

about coal mining than any of your EPA. I had 
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Ms. Knowles [ph], I met with her a little over a 

year and a half ago, everything she told me has 

not came true and has not happened. Every one of 

you all drank water tonight. You've broken the 

law according to yourself. Take the bottles back 

and check the conductivity levels. (Applause). 

First, I want to thank everyone for coming 

tonight to support Kentucky coal and our coal 

miners. I hope you all understand where we're 

coming from. This is my signature industry, the 

coal industry. I am a coal miner. I've been a 

coal miner for 20 some years and will be until the 

day I die. (Applause). 

I've traveled 138 miles; Representative Combs 

is at 160 some; Representative Edmonds is about 

115, to take up for our people. We each represent 

over 44,000 people in this Commonwealth. They 

hire us to do this. They elect us. You all have 

a president in Washington that has targeted coal 

since Day 1. There has not been a permit release 

since April 1st, 2010. I'm asking you to release 

the permits, let our people go back to work, and 

let's get going. 

I have in the teens that are being held up 

for no reason, no reason whatsoever. The problem 
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in the east is not the coal mining in the water, 

it's the straight pipes, it's the pollution. Look 

at House Joint Resolution 11 that I passed through 

the House and they let come through the Senate 

that our federal delegation has, redirect that 404 

money. Put it to cleaning up the straight pipes 

and the sewers that's going into our rivers and 

waterways. (Applause). The Kentucky River was 

112 the last time right out here it was tested, 

nowhere near a coal mine. Thank you.

(Applause) 

MS. MacPHERSON: Thank you. Okay. Speaker 

15. 

SPEAKER NO. 15: I'm State Representative Kim 

King, K-i-n-g. I represent the 55th District, 

which is Anderson, Mercer, and Spencer Counties, 

and I'm the Republican Vice Chair of Tourism and 

Energy Committee. I am proud to serve two 

Kentucky utilities facilities, the E.W. Brown 

generating plant in Mercer County and the Tyrone 

generating plant near Lawrenceburg. The E.W. 

Brown generating plant has been valuable in 

maintaining Mercer County's local economy as the 

company made expensive improvements to their 

existing campus. The many dollars spent on food, 
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gas, lodging, aggregate, and many other supplies 

is greatly appreciated. Our other local 

industries require at least moderate amounts of 

affordable, reliable coal-powered electricity to 

produce and distribute their products. 

While the Environmental Protection Agency may 

have good intentions, I strongly disagree with the 

two-year delay in issuing permits for new and 

expanded projects of mining Kentucky coal. The 

Kentucky Division of Water has adhered to EPA 

protocol in issuing Clean Water Act permits for 

more than 20 years. It's my understanding the 

EPA's criteria changed even though there was no 

revision in existing fundamental regulations or 

laws. Based on my research, this ongoing delay 

has cost Kentucky 3,800 jobs and 123 million in 

coal severance taxes. More than 70,000 

Kentuckians proudly benefit from our 

Commonwealth's valuable coal industry. Most of 

these individuals and their families live in the 

site areas and value clean air, water, and soil as 

much as anyone else. They desperately need the 

economic health and social benefits a thriving 

coal mining industry provides. We don't have to 

choose human wellness at the expense of 
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economic and -- growth and prosperity. These 

priorities are not mutually exclusive. 

As an elected public servant, it is my 

responsibility to protect the Commonwealth to the 

best of my ability. My colleagues from both 

political parties and I stand united against 

unelected agency policy and an agenda focused on 

crucifying domestic fossil fuel production and 

necessarily skyrocketing America's energy cost. 

The EPA should withdraw these 36 permit 

objections. Thank you.

(Applause) 

MS. MacPHERSON: Thank you. 

PUBLIC SPEAKER: I'm Denny Noble, D-e-n-n-y, 

N-o-b-l-e, County Judge Executive, Perry County. 

(Applause). I'm not here for political reasons. 

I'm here for these people. I'm an ex-coal miner 

myself. I know how I raise my family. My two 

sons gone to metal fabrication shop that works off 

the coal mines. These coal mines shutdown, 

they're shutdown. These people right here shuts 

down, how much money does the state government 

lose? How much money does the federal government 

lose? You cannot balance a budget by cutting down 

jobs. Our own employment rate is as high as it's 
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ever been in history. We've lost over -- over 

2,000 jobs, thousands of jobs already in these -- 

in these small counties. That affects hundreds of 

thousands. That reflects out to -- to -- to -- to 

store owners, everything that goes. But I feel 

like our federal government is walking down the 

steps backwards. They're reversing of what they 

should be doing. 

When I became county judge, I balanced the 

budget. You can't barter yourself out of debt. 

It's impossible to barter yourself out of debt. 

When you put these people out of work, you've lost 

income, you've lost taxes. Has anybody ever, ever 

stopped to think of how much money, how much 

abandoned mines' money that goes to the federal 

government? Has anybody ever looked at that? 

Have you ever looked at that study? 

Our -- our water lines, our shorelines, we 

have open lines in Perry County running in the 

creeks today. The only way that we can stop that 

is by coal severance money. We work every day 

running water lines, running sewer lines, by what 

these people work out. Every county in eastern 

Kentucky works the same way. I can't understand 

the EPA. I'm -- I'm real confused on what -- what 
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you people are really trying to do. You look at 

these people out here trying to make a living, 

they have homes to pay for, they have cars to pay 

for. I'm very sad for y'all today. And I would 

like to put this on public records. Thank you.

(Applause) 

MS. MacPHERSON: Thank you. Thank you. 

Okay. Speaker number 17. 

SPEAKER NO. 17: Thank you. My name is Joni, 

J-o-n-i, Jenkins, J-e-n-k-i-n-s. And I represent 

Kentucky House District 44 and the Kentucky 

General Assembly. The 44th District is not a 

coal-producing area. We have no underground or 

strip mining. We have no mountains. However, in 

my community there are two coal ash landfills and 

two coal ash ponds. Some of my constituents live 

with only a chain-link fence and an asphalt street 

between their homes and an elevated pond. They 

wonder what would happen if that pond should reach 

its banks. Daily, fly ash flows from the towering 

landfill and lands on their cars and their homes. 

Fly ash lands on their children's toys and on 

swing sets. Fly ash lands on their vegetable 

gardens. So why do I care about mining regulation 

issues? Because I know there is no my water 
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separate from your water. What's in your water is 

in my water. (Applause). 

When our state agencies fail to enforce 

federal laws to safeguard our water, be it from 

the coal mine or the coal ash dump, it impacts our 

water and it impacts our health. I am here 

tonight because, as a public official, I rely on 

having the most truthful objective set of facts 

before me as I make decisions that may affect 

thousands of people for thousands of years. It is 

a responsibility that I sought and one that I do 

not take lightly. 

I am here tonight because I fear the 

Commonwealth of Kentucky seems ready to embark on 

a course that will have implications not just for 

the mining areas of the state, but for all of the 

state. By refusing to comply with the EPA and the 

Clean Water Act, we will disenfranchise the very 

Agency charged with protecting us and our 

environment. That's enabling business and 

political interests to operate without regard to 

the health and safety of our citizens. I thank 

you for your time and the opportunity to speak.

(Applause) 

MS. MacPHERSON: Thank you. Okay. Okay. 
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Speaker number 18. 

SPEAKER NO. 18: My name is Jim Townsend, 

T-o-w-n-s-e-n-d. I'm County Judge Executive of 

Webster County, which is in western Kentucky. I'm 

here tonight to ask the W -- the EPA: Why in this 

world won't you allow both permits to pass and let 

these people go back to work? In western 

Kentucky, we're very fortunate, we have deep 

mines, we have had strip mines in the past, but 

all of our coal companies there have worked 

diligently to make sure that their coal is clean 

when it comes out of the -- out of the ground, 

they clean it, and they also make sure that the -- 

as they ship the coal down the river, the river is 

clean, too. We are affected in west Kentucky by 

the fire producers that are in western Kentucky. 

In our county, Webster, which joins Henderson 

County, we have a coal -- a coal-fired plant that 

is producing energy to keep re -- re -- I'll have 

to let my Henderson County Judge pronounce that, 

Rio Tinto [ph], which is an aluminum plant, as 

well as an aluminum plant in Hopkin -- in Hancock 

County, which are the two of the largest in the 

world, and they need this energy that we are 

producing in western Kentucky. 
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I feel like our streams are as clean as 

anybody's anywhere in the United States. I also 

feel that the mining industry in eastern Kentucky 

is making every effort they can to keep the -- the 

water safe for the people there. 

I only have a short time left. I want to 

thank you for being with us and -- and listening 

to us. There are a number of other people left to 

speak. And, again, thank you for coming to 

Kentucky and appreciate anything you can do to 

help us.

(Applause)

MS. MacPHERSON: Thank you. Thank you. I 

just want, before number 19 goes, I -- with the 

interpreters, is there anyone here who needs the 

interpreter services? If you could stand up. And 

if someone sees someone, point them out to me. I 

don't see anyone. No. So I think we're -- I 

don't want them to have to do this all night if 

there's not a need. Okay. Great. Thank you. 

Speaker number 19. 

SPEAKER NO. 19: Yes, ma'am. Thank you and 

thank you for letting me be here tonight. My name 

is Hugh McCormick. I'm County Judge Executive 

from Henderson County. My county is quite 
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dependent upon coal and the electricity that it 

produces. Our hospitals, our schools, our rest 

homes, our restaurants, everything about them are 

dependent on coal. We sit here tonight in a room 

with electricity, air conditioning, lights, 

because somebody is burning coal somewhere 

creating electricity. I've worked at Big Rivers 

Electric in western Kentucky for 30 years. My job 

at Big Rivers Electric was in the fluegas 

desulfurization department, which other people 

call the scrubbers. 

As has been said, it's not about the water, 

because every drop of water that comes on that 

plant is retained on that plant site and is 

treated on that plant site just like it is in the 

surface mines across Kentucky. It's not about the 

water. It's about the regulations and the rules 

that you continue to put on the industries of 

Kentucky that's driving these industries out of 

business. They closed down a power plant in our 

county that had -- couldn't -- couldn't meet the 

EPA regulations. The turbines, the furnaces, the 

boilers from them very power plants are being sold 

in the third-world countries (Audience member 

responds) sold in the third-world countries, the 
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furnaces. There is no regulations for them. 

Every three days they open up another power plant 

somewhere in the world and we continue to drive 

our businesses out. (Audience member responds). 

Somebody's got to step up, stand up for the 

miners, the industries of this whole Commonwealth 

and -- and let these people work. (Audience 

member responds). Let's keep the lights burning. 

My children used to always get upset when I 

would have to go to work on Christmas morning. 

They'd say, "Pop, please don't go. Just call in 

sick." And I said, "Babe, I'm just like Tom 

O'Dale [ph], we've got to keep the lights on for 

you." Ladies and gentlemen, please let these 

people keep the lights on for Kentucky. Thank 

you.

(Applause) 

MS. MacPHERSON: Thank you. Okay. Speaker 

number 20. 

SPEAKER NO. 20: Thank you. My name is David 

Johnston. I'm -- J-o-h-n-s-t-o-n. I'm the Ohio 

County Judge Executive. And that's in western 

Kentucky. Coal produces the jobs for Ohio County 

that keeps the quality of life there high. In 

other words, it's the best paying jobs in the 
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county are the coal mining jobs. It -- it makes 

up a great deal of our economy. It helps a lot of 

families. But it also produces the money that it 

takes to operate the county government, which 

we're aware of every day. It produces one-third 

of our revenue to operate the county government 

on. And all of our revenue for things like police 

cars, ambulances, building anything in the parks, 

or anything other than day-to-day government, it's 

paid for by the coal severance funds. And so that 

means a lot to us. We don't want to pollute the 

air, we don't want to pollute the water, but we do 

want to save these jobs for the -- for the county 

and for the state. 

These regulations are oppressive and they're 

hurting the coal industry. I would just ask the 

EPA to look at it, if it's any way you can free up 

those permits for the people of Kentucky, it would 

be greatly appreciated. 

If Kentucky is being persecuted because we're 

not a battleground state, that would be bad, and I 

hope that's not the case. But I will -- I will 

close with a statement by Ohio County's number one 

son, Mr. Bill Monroe, who said, "Thank God for 

Kentucky and the whole USA."
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(Applause) 

MS. MacPHERSON: Thank you. Okay. Speaker 

21. 

SPEAKER NO. 21: Thank you very much. My 

name is Rick Nelson. I represent the 

coal-producing counties of Harlan County and Bell 

County, which are in southeastern Kentucky. 

Standing with me is Judge Joe Grieshop of Harlan 

County, which is the state's number two coal 

producer. I'm also proud to let you know, like I 

did earlier, that my dad worked in the coal mines 

for over 30 years to support his family. Today, 

mainly due to the actions of the EPA and 

Washington, DC, thousands of mines and mining 

related jobs have been lost. The inability of 

companies to get permits to mine new coal has 

forced our citizens to go from drawing a paycheck 

to the welfare rows. In addition, the closing of 

many coal-fire power plants because of EPA 

regulations will have disastrous results for 

employment and will cause each and every one of us 

to have a tremendous increase in our electrical -- 

electric bills. 

Did you know what the number one pollutant of 

streams is in Kentucky? According to the Division 
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of Water's own survey in 2007, it's not mining, 

it's agricultural runoff impacting nearly 3,000 

miles of streams. But guess what? They've not 

closed a single farm down. I've not seen the EPA 

or any of the protestors come. They're not 

worried about that. They're worried about mining, 

not their own back door.

And economic development (Audience member 

responds) economic development is apparently in 

the eye of the beholder. On Exit 87 on Interstate 

75 and down at this first Frankfort exit, there 

was some of the prettiest farm land that you ever 

saw. But guess what happened? The bulldozers 

came in and moved it all, and now there's shopping 

centers and malls. Some people call that economic 

development, except when we do it in the 

coalfields, and then they call it bad. So what's 

the difference? (Applause). 

Finally, my message to the EPA, we really 

need your help, so I say to you, "Set our miners 

free so they can make a living for their families 

and produce the energy for America. Set our 

miners free." Thank you.

(Applause) 

MS. MacPHERSON: Okay. Thank you. Speaker 
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22. 

SPEAKER NO. 22: My name is Bill Bissett, and 

I'm proud to be the president of the Kentucky Coal 

Association. (Applause). I truly welcome these 

hearings which afford EPA an opportunity to right 

a terrible wrong done to Kentucky coal mining 

industry, the miners and their families, and the 

people of Kentucky who benefit so greatly from low 

cost energy. The wrong occurred on April 1st, 

2010 when EPA announced that new water quality 

requirements, effective immediately, would apply 

to the review of permits of new and expanded 

activities -- surface mine activities in eastern 

Kentucky. 

The new requirements would replace procedures 

the EPA had approved and the Commonwealth of 

Kentucky had utilized for more than 20 years, and 

as recently as two weeks prior to April 1st, 2010. 

The new requirements were imposed in a dictatorial 

fashion with no prior notice to the coal mining 

industry that would allow the companies to adjust 

their mining practice or the applications for 

Clean Water -- Clean Water Act permits. The new 

requirements were imposed with no prior notice to 

the Commonwealth's Kentucky Division of Water, 
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that is charged by law with the duty to administer 

the KPDES permit program. 

The EPA's arrogant imposition of new 

requirements, effective immediately, has had a 

devastating effect on surface mining industry that 

serves as a lifeblood of eastern Kentucky's 

economy. For more than two years, not a single 

individual KPDES permit for an eastern Kentucky 

surface mine was approved by the EPA. That harm 

inflicted by EPA on eastern Kentucky mining 

industry, the jobs that it provides, the economy 

that it supports, has been shamefully prolonged by 

the EPA's failure to conduct the public hearings 

mandated by the Clean Water Act to resolve these 

issues. The Commonwealth of Kentucky requested 

these hearings in December 2010, and the EPA has 

only now, a year and a half later, responding to 

the state's request. 

In the meantime, mining projects have been 

abandoned, jobs have been lost, and people and 

communities have suffered without any effort by 

the EPA to fulfill its legal responsibilities. 

Now, at last, the EPA has an opportunity to right 

the wrongs that it perpetuated on the most 

vulnerable region of Kentucky when it applied new 
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requirements to be effective immediately. This 

can be accomplished by withdrawing their 

objections and allowing these projects to proceed 

and to transition to compliance with any new 

requirements over a reasonable period of time. 

If the federal government is truly committed 

to the welfare of its citizens who are desperate 

for jobs, it can do no less. It is pastime for 

the EPA to right this wrong. And thank everyone 

who's pro coal for being here tonight.

(Applause) 

MS. MacPHERSON: Okay. Thank you. At this 

time, I'd like -- we're -- keep hearing from the 

speakers, but the number blocks 31 to 40, if you 

could go in the back room to get ready to speak. 

31 to 40, are you out there? Yeah, go ahead and 

go to the back corner to meet with the 

facilitation staff. Okay. Number 23. 

SPEAKER NO. 23: Good evening. I'm Barry 

Racey, Director of Government and Public Relations 

for AK Steel Corporation. We want to thank the 

U.S. EPA for giving us the opportunity to comment 

at this hearing. AK Steel is an integrated steel 

maker that employs about 6,200 men and women in 

Kentucky, Ohio, Pennsylvania, and Indiana. With 
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me is Mr. John Gruber. John is general manager of 

AK Steel's Ashland Kentucky Works, which is 

located in Northeast Kentucky near the heart of 

the coalfields. Our company has a long proud 

heritage in Kentucky. From the beginning, the 

cost and availability of energy and coal have been 

critical to the competitiveness of the Ashland 

Works, and that's because steel making is an 

energy intensive business. In fact, the Ashland 

Works today uses about a quarter of a million 

megawatt hours of electricity annually to power 

the plant's processes and equipment, and that's 

enough energy to power about 35,000 homes. 

Additionally, the Ashland Works consumes more than 

200,000 tons of Kentucky coal annually in our 

blast furnace operation. 

We constantly seek ways to be more energy 

efficient. In fact, since 1990, the steel 

industry has reduced the amount of energy required 

to produce one ton of steel by about 27 percent. 

We believe that's real progress. We're proud of 

the more than 900 men and women of the Ashland 

Works and thousands of retirees before who are 

making efforts every day to compete in challenging 

markets. That said, increases and the cost of 
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electricity can make the Ashland Works less 

competitive, and the Ashland Works must continue 

to have access to readily available high quality 

competitively priced coal. 

In its August 2011 final plan for improving 

regulations, EPA stated that "Executive Order 

13563 is an opportunity to take a fresh look at 

the Agency's approach and determine, quote, 'how 

EPA can improve collaborations with our partners, 

such as state, local, and tribal governments,'" 

end quote. 

With that in mind, we urge EPA to work with 

the Kentucky Cabinet to resolve these important 

issues in a manner which will not only protect the 

environment, but also promote competitiveness and 

job creation. Thank you for considering our 

comments.

(Applause)

MS. MacPHERSON: Thank you. Okay. Speaker 

24. 

SPEAKER NO. 24: My name is Dan Geiger, 

G-e-i-g-e-r. I am a registered professional 

mining engineer, the retired CEO of Lexington Coal 

Company, and currently a mining consultant. I am 

concerned that the current final guidance from EPA 
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appears to be driven by political issues, but not 

good public policy. The final guidance lowered 

the conductivity limit to 300 microsiemens, but 

curiously limited its application to only West 

Virginia and eastern Kentucky. Ohio, 

Pennsylvania, Virginia, and Tennessee were 

exempted from the new discharge limits. 

The disturbance of the earth's surface for 

any purpose exposes soil and rock to leaching, 

which raises conductivity. All forms of mining in 

all states, as well as highway construction, 

farming and other earth disturbing activities 

result in increased stream conductivity. EPA 

Administrator Lisa Jackson acknowledged that few, 

if any, mining valley fills could comply with the 

new limit. 

Why were the other Central Appalachian states 

allowed to continue to discharge with no 

conductivity limit? The obvious answer is the 

upcoming presidential election. Kentucky and West 

Virginia are small states which voted against the 

President in 2008, and are expected to vote 

against him again in 2012. Mining jobs in these 

two states can be sacrificed to win support from 

environmental groups. Ohio, Pennsylvania, 
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Virginia, and Tennessee are much larger swing 

states, with substantial electoral college votes 

which are critical to the President's re-election. 

If conductivity above 300 is unacceptable, 

why has the standard not been applied in all 

states for all earth disturbing activities, such 

as agriculture and highway construction. The 

answer is that there would be a nationwide 

shutdown in farming and development of all kinds. 

What the EPA is doing in Kentucky and West 

Virginia is not good science. It's political 

science. Thank you.

(Applause) 

MS. MacPHERSON: Thank you. Thank you. 

Could I ask those people in the back, if you're 

not getting prepared to speak and having 

conversations, that you take them outside the 

hearing area so other people can -- can hear the 

comments inside. Also, if you did register 

on-line to speak, I just want to remind you, you 

do need to get a number, so see the people out at 

the registration table if you haven't done so. 

Thank you. Okay. Speaker 25. 

SPEAKER NO. 25: Good evening. My name is 

Monty Boyd. I live in Louisville, Kentucky, and 
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am the owner of Whayne Supply and Walker 

Machinery, the Caterpillar mining construction 

equipment distributors in Kentucky, southern 

Indiana, West Virginia, and southeastern Ohio. 

These two companies employee over 2,000 men and 

women working out of 25 store locations. Over 60 

percent of our revenues are generated from the 

sale of machines, parts, and service to the coal 

industry. So the coal industry supports all of 

our employees and their families in four states.

Next year, Whayne Supply will celebrate 100 

years of service to our customers. At a time when 

I should be excited about our future, I am full of 

concern and uncertainty because our future is 

bleak because of the regulatory ambush on the coal 

industry by the EPA. (Audience member responds). 

Changing the permitting requirements in April 

of 2010 has effectively strangled this industry to 

a breaking point. Why did you only target six 

states, then reduce it to just Kentucky and West 

Virginia? Is this an environmental or a political 

issue? Why are you guide -- are your guidelines 

only directed to the coal industry? Why do 

dissolved solids and conductivity from coal mining 

affect aquatic systems more than other activities 
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that displace or disturb soil? Or is this just 

the EPA's preview to stop all mining, construction 

and agriculture, all of which disturb soil and 

will not meet your conductivity guidelines? Why 

is the rest of the world growing their coal, 

generating electricity capacity at record levels 

while we're shutting down ours at a record rate? 

Because Kentucky and West Virginia are under 

attack by the unfair and questionable governance 

of the EPA, causing massive employee layoffs, mine 

shutdowns, downsizing, and company closures. 

I strongly encourage the EPA to withdraw its 

objections to these 36 permits, all of which are 

with companies in which we do business, and allow 

hard-working Americans to regain their lost 

opportunities and allow a valuable natural 

resource, which is critical to our nation's energy 

requirements, important to our world 

competitiveness, vital to our national security, 

and is the economic lifeblood of thousands of 

Kentuckians and West Virginians and 2,000 

employees of Whayne Supply and Walker Machinery. 

Thank you for your attention.

(Applause)

MS. MacPHERSON: Thank you. Thank you. 
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Speaker 26. 

SPEAKER NO. 26: I'm 26. Rick Clewett, 

C-l-e-w-e-t-t. I'm a volunteer with the Sierra 

Club. (Audience members respond).

MS. MacPHERSON: Now, just one second. 

Please (Applause) show courtesy to all speakers. 

Thank you. 

SPEAKER NO. 26: I've done extensive water 

testing downstream with surface mines in eastern 

Kentucky and have seen first-hand the water 

quality damage that surface mines can do. For 

over some months ago, I took two stream biologists 

from the University of Maryland in Baltimore to 

three streams which will be ruined by four of 

these 36 permits. I specified the permits and the 

streams in my written comments. 

To summarize part of Dr. Chris Swan's lab 

report, the first part dealt with conductivity, 

which has been much mentioned here, it was high in 

all streams. They had been -- there had been 

surface mining above these streams. Dr. Swan 

eliminated other sources of conductivity because 

there was no agricultural activity in the area and 

there had been no deicing on roads in months. He 

also tested for heavy metals and he -- they -- he 
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and his colleague did studies of the 

macroinvertebrates, the little critters in the 

streams, to assess comprehensively the stream 

health. "The macroinvertebrate communities in all 

three sites were taxonomically poor and the 

MB [ph] ice forest calculated per Kentucky 

protocol placed each site in poor to very poor 

category," end quote. 

Because Kentucky DOW had not done its work, 

it did not know of these conditions, they were 

prepared to grant mining permits that would have 

damaged these streams even further. EPA must 

stand its ground and maintain its objection to 

these permits. And Kentucky DOW must protect the 

water of the state. That means that Governor 

Beshear and those in the Cabinet of Energy and 

Environment, who give DOW its marching orders and 

its funding, must do what it takes to require and 

enable DOW to do what the law requires it to do. 

Thank you.

(Applause) 

MS. MacPHERSON: Thank you. Thank you. 

Okay. Speaker 27. 

SPEAKER NO. 27: My name is Joe Evans. I'm 

president of Leeco and Blue Diamond Coal Company 
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(Applause) representing Leeco and Blue Diamond. 

We have three permits that are being challenged by 

the EPA. I want everyone to know that these 

plants have not been shutdown. They're up for 

renewal. There have been no new hollow fills, no 

new streams, instream ponds, and no new discharge 

points, and yet we find ourself at risk of not 

being able to get necessary permits to sustain our 

livelihood. (Audience member responds). Being 

that these plants are in existence, I have some 

actual financial data I'd like to share. 

Leeco and Blue Diamond currently works 600 

employees in Perry, Knott, Leslie, and Letcher 

counties. 2011 annual wages are $33 1/2 million. 

The severance taxes paid to the state was $11 

million. County taxes paid to the counties 

mentioned above was $800,000. Leeco and Blue 

Diamond paid American Electric Power $7 million 

for utilities in 2011. They have since announced 

that they will convert to natural gas. This is 

due to other EPA policies that we also disagree 

with but are not talking about here tonight. 

What I ask you is: What do I tell these 600 

hard-working employees that look to us to help 

support their families if they lose their job? We 
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wish for you to understand that we are the 

factories of eastern Kentucky. Even though you 

cannot see us, we play a huge role in the economy. 

We are the very reason that Ford makes trucks in 

Louisville, Toyota makes cars in Georgetown, and 

Chevrolet makes Corvettes in Bowling Green. These 

carmakers are here because of inexpensive energy. 

Total money spent at Leeco and Blue Diamond 

for labor, goods, and services in 2011, mostly to 

Kentucky vendors, was $152 million. Average 

mining wages of $60,000 per year. I want you to 

know the community depends on our well-being. 

Please understand the direct effect of these 

policies have on eastern Kentucky is devastating. 

Economic hardships imposed by over regulations are 

real and we think unfair and unwarranted. We 

appreciate your consideration in this matter and 

we trust our government will treat us as the proud 

citizens we wish to be. Thank you and God bless 

America.

(Applause) 

MS. MacPHERSON: Thank you. Speaker 28. 

SPEAKER NO. 28: My name is Betsy Bennett. 

I'm from Louisville, Kentucky. And my comments 

are submitted on behalf of the water committee of 
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the Cumberland Chapter of Sierra Club, an 

organization with some 5,000 members across the 

Commonwealth of Kentucky. In a year when many of 

us are celebrating the 40th anniversary of the 

passage of the Clean Water Act and all the 

progress that has been achieved under its 

mandates, it is ironic that we are here tonight 

defending the actions of the Agency that was 

specifically created to restore and maintain the 

chemical, physical, and biological integrity of 

the nation's waters. We are fortunate that the 

Environmental Protection Agency has stepped in to 

protect our water quality and our public health 

when our own state government has systematically 

failed in that regard. 

EPA issued a 2010 surface mining guidance 

recommending that the state add a chronic 

conductivity limit in discharge permits, and the 

state has chosen to ignore that guidance. While 

Kentucky is a delegated state with the authority 

to issue its own water discharge permits, EPA 

retains the power to object to those permits, and 

it has now done so in the case of 36. Our own 

Division of Water has failed to conduct a complete 

analysis of whether the proposed discharges from 
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those mining operations have reasonable potential 

to cause or contribute to a violation of 

Kentucky's water standards as required by the 

Clean Water Act. The health of Kentuckians who 

live near surface mining operations is at 

significant risk today. 

We urge the EPA to continue their efforts to 

protect public health and the environment when the 

powerful coal lobby and our own political leaders 

refuse to do so. If the Commonwealth of Kentucky 

persists in this way, we recommend that the Agency 

take the next step and withdraw the Commonwealth's 

delegated authority to implement the state's KPDES 

program in accordance with federal law. Thank you 

for the opportunity to comment.

(Applause)

MS. MacPHERSON: Thank you. Thank you. 

Thank you. Okay. Speaker 29. 

SPEAKER NO. 29: My name -- my name is -- 

(Audience members respond). 

MS. MacPHERSON: Excuse me. Excuse me. 

Remember, courtesy to all speakers. We want 

everyone to have an opportunity to comment. 

SPEAKER NO. 29: My name is Lane Boldman, 

B-o-l-d-m-a-n. I represent the mining committee 
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for the Cumberland Chapter of the Sierra Club, 

representing 5,000 members in the Commonwealth of 

Kentucky. We wish to comment that we support the 

EPA's concerns with the 36 mining permits 

presently at issue. We believe the Kentucky 

Division of Water has not provided sufficient 

oversight downstream -- of downstream water 

quality related to surface mining. We are asking 

the EPA to reaffirm its objections to all 36 

permits. 

The state's inadequate oversight of the coal 

industry has had a long history with notable 

events such as the Martin County disaster which 

polluted hundreds of miles of the Big Sandy River, 

contaminating water supplies for over 27,000 

residents, and more recent years, revelations that 

mine sites in Knott County had thousands of 

violations and pollution discharge limits before 

they were discovered in 2010. The state has been 

ignoring the concerns of its citizens and the 

quality of its water for years. And the coal 

companies clearly have shown that they are unable 

to regulate this. 

Our national organization will be sending 

technical comments and those will be sent 
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separately. But I want to say, I personally have 

explored many waterways within the mining 

communities of eastern Kentucky and have grave 

concerns about the water quality throughout the 

region. I have witnessed cloudy streams, rusty 

streams, streams that lack any visible signs of 

aquatic life around mining operations. We have 

members who live in mining communities and 

complain of contaminated wells and streams. I 

have witnessed lakes in the region that are 

becoming filled with silt coming off of surface 

mines. Protecting water quality is an issue of 

tremendous concern to our members in Kentucky. We 

have many members who regularly participate in 

monitoring waterways throughout the state, 

regularly participate in projects to restore lands 

where mining has occurred with tree plantings. 

And facts are clear, studies have shown time 

and again the communities around mountaintop 

mining sites have significantly higher rates of 

mortality. The Beshear Administration is well 

aware of the impacts to the citizens of eastern 

Kentucky. People from the coalfields have come to 

his office for sit-ins for over a year, asking the 

state to step up and protect their communities 
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from mining pollution. 

The EPA must hold the line and affirm its 

objections to the 36 permits that do not comply 

with the Clean Water Act. (Audience member 

responds). Thank you.

(Applause) 

MS. MacPHERSON: Thank you. Thank you. 

Okay. Speaker number 30. 

SPEAKER NO. 30: My name is Thomas Pearce, 

and I'm here representing the Sierra Club, the 

Beyond Call campaign. I also am a member, a proud 

member of Kentuckians for the Commonwealth. And 

I'm also -- want to say that I represent the 

American Indian Movement, and I'm going to tell 

you why. The first thing I'd like to reiterate is 

what another speaker said a little while ago. 

Everybody's talking about acting like this has 

just come down. The Clean Water Act just 

celebrated its 40th anniversary, as we know. 

I just returned from visiting family in White 

Earth, Minnesota, where we enjoyed a nice northern 

fish dinner from our -- what's left of the 

pristine lakes in Minnesota. And I sat there 

eating that fish and I -- I started thinking about 

how long it had been since I had eaten a fish from 
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the State of Kentucky, that I could actually eat 

and not worry about getting poisoned with mercury 

or selenium, chromium, or arsonic. (Applause). I 

thought about how -- how lucky they were to be 

able to harvest wild rice from the rivers. That's 

just not something we're ever going to be able to 

do in Kentucky again, unless you continue to 

reaffirm these decisions. 

I also want to say that -- that our 

Appalachian mountains are the oldest mountain 

range in the world. And the streams and rivers 

that run through it are very old as well. And to 

me they're sacred. They're not to -- they're not 

expendable. I'm sorry that a lot of people think 

they are. 

And I'm -- and I have nothing against people 

who have jobs in coal. My family from Sebree, 

Kentucky, western Kentucky, there's not much left 

in Sebree but a big power plant and a graveyard. 

That's -- that's what's left in my family's home. 

And I would like a future for my family to -- a 

family that would live and have family living 

in -- in Sebree, Kentucky. But wherever coal 

goes, there's nothing left. (Audience members 

respond). So please reaffirm your decisions.
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(Applause)

MS. MacPHERSON: Thank you. Thank you. 

Okay. At this time, if I could have groups -- 

numbers 41 to 50, go in the back, please, in the 

back left area, the man waving his hand, to get 

ready to speak. Speaker 31. 

SPEAKER NO. 31: My name is Sam Avery. I'm 

with Kentuckians for the Commonwealth and 350 

Louisville. (Applause). Coal does not create 

jobs. Investment creates jobs. If the money now 

invested in coal were invested in renewable 

energy, we would have the energy and the jobs we 

need, and we would not have to destroy the land, 

the air, and the water to get them. (Applause). 

So why do we invest in coal? To provide jobs? I 

don't think so. We invest in coal because the 

return is better. (Audience member responds). We 

make more money with coal because clean water is 

free. Clean air is free. Children with asthma 

are free. Mercury in streams and lakes is free. 

Blown mountaintops and overcarbonated atmosphere 

are free. We don't have to pay for these things. 

We can make more money turning air brown and 

turning sewers into waterways because it doesn't 

cost us anything. 
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Now, I know about energy investment because I 

am a solar installer. I buy solar panels 

manufactured here in Kentucky, and I hire people 

to put them on buildings. (Audience members 

respond. Applause). I know from experience that 

if government business and private individuals 

were to invest in solar and other renewable 

energy, we can have the energy and the jobs we 

need without mining, without burning, and without 

polluting anything. (Audience member responds). 

This is where we need to invest. 

We all need jobs, but we don't need jobs that 

hurt people and destroy the land we stand on. 

Solar energy is cheaper than coal, a lot cheaper, 

when investors have to pay for the damage they do. 

(Audience members respond). Let the EPA do its 

work, protecting our land and our water. Thank 

you.

(Applause) 

MS. MacPHERSON: Thank you. Okay. Speaker 

32. 

SPEAKER NO. 32: I'm Mark Steiner, 

S-t-e-i-n-e-r, and I represent Kentucky Interfaith 

Power & Light. And I speak tonight as a friend, a 

friend of the Commonwealth, a friend of her 
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precious natural resources, a friend of her 

citizens, including those yet to be born, and as a 

friend of her waterways on which my life and all 

life within her bountiful borders is dependent. 

As I understand it, it is amongst our highest 

callings to protect earth resources, to protect 

God's creation for future generations. This 

particularly includes the soil, air, and water. 

Water that when it is present, plentiful and pure 

is life-giving. 

What does it say about us and our future when 

it is no longer safe for our children to drink 

from our wells? What does it say about us and our 

future when our streams are literally vanishing? 

What does it say about us and our future when we 

are asked to choose between jobs and clean water? 

A choice, I believe, is false. Clearly, something 

has gone terribly awry. We have failed each other 

and we have failed generations of children to 

come. There is no short-term economic gains that 

justify the desecration of earth's life-giving 

natural resources. We do not have the right to 

take away the health and vitality of future 

generations. Simply put, you cannot have healthy 

humans in an unhealthy ecosystem. And every child 
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deserves a chance for a healthy future. 

I am deeply concerned that those responsible 

for protecting the natural resources of our 

beloved Commonwealth have failed us. Now, more 

than ever, our children, grandchildren, and 

children yet to come along, along with the 

waterways of Kentucky, needs friends. I am proud 

to be one of those friends and to speak out in 

support of the EPA's (Audience member responds) 

efforts to enforce clean water standards. 

(Audience members respond). Thank you.

(Applause) 

MS. MacPHERSON: Thank you. Thank you. 

Thank you. Okay. Speaker 33. 

SPEAKER NO. 33: I am Joan Lindop, 

L-i-n-d-o-p. I'm speaking for the mothers and 

grandmothers who want clean water for their 

families. Kentucky already has thousands of miles 

of polluted streams and this is degrading the 

health of thousands of our Kentucky citizens every 

day. The coal companies know how to write permits 

that meet EPA guidelines. They are choosing not 

to do that. Mining destruction is forever. I 

have seen reclaimed sites, and they are 

grasslands. Maybe elk like it, but it isn't the 
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div -- biodiverse forest that Kentuckians have 

loved and respected. A quarterly profit isn't 

worth losing what the coal companies call 

overburden. Support the EPA.

(Applause) 

MS. MacPHERSON: Thank you. Thank you. 

Okay. Speaker 34. 

SPEAKER NO. 34: I'm Wallace McMullen, 

W-a-l-l-a-c-e, McMullen, M-c-M-u-l-l-e-n. And I'm 

the Energy Chair of the Cumberland Chapter of the 

Sierra Club. Coal mining pollution poses serious 

problems to our mountain headwater streams. Your 

objection letters blocking 36 permits are 

protecting Kentucky communities and their sources 

of water from the destructive mining practices 

that include filling those streams with mining 

waste to get at coal. Kentucky's agencies are not 

fulfilling their obligations under the Clean Water 

Act to safeguard our mountain streams and 

communities from destructive surface mining 

practices and the devastating impacts as wanton 

practices can have. (Audience members respond). 

Kentucky's regulatory agencies are regularly 

ignoring strong scientific data showing that 

pollution from surface coal mining operations harm 
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downstream water quality. The State of Kentucky 

will be reviewing their coal general permits -- 

MS. MacPHERSON: Excuse me. Sorry. Could 

you just stop one -- could I -- people, please, if 

you're going to have conversations, please take 

them outside of the hearing area. (Audience 

member responds). So just -- (Audience members 

respond). Okay. I appreciate everyone's courtesy 

to the other speakers. Okay. Go ahead. I'm 

sorry. 

SPEAKER NO. 34: The State of Kentucky will 

be reviewing their coal general permit in 2014. 

And the EPA's ruling in this case will have direct 

implications for improving the general permit. 

EPA must hold firm. This is not an issue with a 

middle ground. Federal law requires the State of 

Kentucky to adhere to the water quality standards 

developed in accordance with the Clean Water Act 

and requires it to utilize those standards 

effectively to protect the state's waterways. EPA 

must ensure the state has, in fact, maintained 

sufficient water quality standards, to actually 

protect Kentucky's waterways as is required by 

federal law, for the state to legally implement 

the NPDES permit program and the 401 water quality 
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certification program. The EPA must ensure that 

the Division of Waters is actually -- actually 

implementing the necessary limits for metals, 

salinity, and other critical water standards. The 

science supports taking a strong stand, and I'll 

give you a written statement with -- documenting 

that. 

In conclusion, I support the EPA's authority 

to enforce the Clean Water Act and the provisions 

of the Act to protect water quality, the 

environment, and human health. I urge you to 

defend our waters by reaffirming your objections 

on all of the 36 discharge permits in question 

despite the industry and political pressures. 

Thank you. (Audience members respond).

(Applause)

MS. MacPHERSON: Thank you. Thank you. 

Okay. Speaker 35. 

SPEAKER NO. 35: My name is Don Gibson, and 

I'm representing Arch Coal subsidiary (Applause) 

ICG Hazard. I'm here to speak on permit number 

8970448, which is one of the -- the permits on the 

list of 36, which is being unduly withheld. The 

application for this permit was submitted in 

August of 2009 as a new and expanded discharge and 
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later combined to incorporate a renewal of the 

original permit, which was issued in May of 2007. 

On October of 2010, the EPA filed specific 

objection to the permit, noting a lack of adequate 

RPA and lack of appro -- appropriate effluent 

limitations. In 2010, December of 2010, all 

required information was submitted, and we 

received notification that, from Division of 

Water, that that information had been accepted. 

To date, no action has been taken. Now, it's 

almost three years later and we're still waiting. 

What makes this a little strange, is this is not a 

major mountaintop removal permit, this is an 

amendment to add 37 acres in the -- in the Middle 

Fork watershed. 

The Middle Fork watershed has no municipal 

sewers whatsoever. There is mass raw sewage 

emptying into the Middle Fork, and you're 

concerned about 37 acres and two bench ponds. 

This is not without science. We have done a 

cumulative impact assessment that cost nearly $1 

million and the property belongs to us. 

This issuance of the permit is important, but 

it's secondary to what's happening in this 

industry with this Administration. It's obvious 
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that the current Administration is waging war and 

is allowing the EPA free rein to govern our people 

in our industry through policy and not through 

laws enacted by Congress. The things that made 

this country great have all been taken away. We 

can no longer mine, we can no longer farm, we can 

no longer build. This is unconstitutional, and 

we're here today to lift our voices. 

I know the time's up. Give me just a second. 

(Audience member responds). As Arch Coal, we are 

more than 800 strong here tonight. You have seen 

a mass exodus here (Applause) because we've got 

people riding buses for three hours to get back 

home so they can work tomorrow. This is symbolic 

of what's going to happen to eastern Kentucky 

(Audience member responds) when coal dies and 

we're gone. I just want to say (Audience members 

respond). 

MS. MacPHERSON: Thank you. Thank you very 

much. 

SPEAKER NO. 35: Okay.

MS. MacPHERSON: And please submit (Applause) 

if you do not have a chance to finish your 

statements, please submit them at the registration 

table and they will be made part of the 
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administrative record. Thank you. Speaker number 

36. 

SPEAKER NO. 36: Thank you. My name is Chad 

Harpole, H-a-r-p-o-l-e, and I'm Director of Public 

Affairs for the Kentucky Chamber of Commerce. 

Kentucky Chamber of Commerce is the state's 

largest business trade association representing 

over 2,700 members across the state, and our 

members employ over half of Kentucky's workforce, 

many of which were here and are here today. We 

are greatly concerned that the EPA's actions 

regarding Clean Water Act permits for new and 

expanded mining activities in Kentucky have a 

negative effect on Kentucky's business climate and 

jeopardize our economic future. We are concerned 

over EPA's new water quality requirements on coal 

mining activities, through the issuance of 

guidance documents, rather than a notice and 

comment rulemaking, which is mandated under 

federal law. As a result of EPA's failure to 

follow appropriate legal procedures, the Agency 

has been forced to make significant revisions to 

its guidance documents and has acquired additional 

information. 

Meanwhile, Kentucky's coal mining industry 
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has been thrown into turmoil by EPA's objection to 

KPDES permits issued by the Kentucky Division of 

Water, containing the same provisions that have 

been previously approved by EPA. EPA's 

administrative oversight on the issue poses 

serious threat to our economy. The effect of 

EPA's permit objections in September of 2011 alone 

could eliminate 3,800 coal jobs and eliminate more 

than $123 million in potential coal severance 

dollars paid to our state. EPA's earlier permit 

objections prior to September of 2011 should be 

expected to have a similar impact. 

Although the direct effects of EPA's 

anti-coal policies on Kentucky's economy are 

staggering, perhaps the greatest threat is posed 

by the increase in energy costs that will 

inevitably follow curtailment of additional coal 

production in the state. We strongly urge EPA to 

withdraw its pending objections to the permits and 

work in a cooperative manner with the Kentucky 

Division of Water to develop regulatory 

requirements that allow the mining of coal to 

continue in Kentucky. Thank you.

(Applause) 

MS. MacPHERSON: Thank you. Okay. Speaker 
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37. 

SPEAKER NO. 37: Thank you. My name is David 

Gooch, G-o-o-c-h. I am the president of Coal 

Operators and Associates of Pike County, Kentucky, 

the number one coal-producing county in the state. 

(Applause). We're here tonight to speak on behalf 

of the majority of those operators that are 

affected by EPA's decision to persecute and 

crucify the coal miners and the citizens and the 

economy of eastern Kentucky. EPA has chosen to 

regulate by policy, in violation of the 

Administrative Procedures Act. You have regulated 

by guideline instead of by regulations that are 

adopted in accordance with public comment and 

judicial review. EPA has made decisions by 

delaying. 

EPA, again, in bad faith, waited 18 months to 

grant the hearings requested by the Kentucky 

Division -- Department of Environmental 

Protection. This extraordinarily long delay 

amounts to a death by crucifixion for many of the 

operations impacted by the Agency's decision to 

not make a decision. EPA has negotiated a bad 

faith with the Commonwealth. Kentucky's DEP 

negotiated with the EPA in Region 4 regarding 
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permit issuances. Again, EPA Washington 

negotiated in bad faith. The Agency led Kentucky 

to believe that an agreement was at hand, only to 

kill the discussions at the last minute. 

You won't hear, in fact, you've only heard 

from two operators here tonight that are impacted 

by these permit decisions that you are making. 

The reason is, is the EPA and other federal 

agencies have taught us a word that we very well 

understand in eastern Kentucky. It's called 

retribution, those who have used their 

constitutional right and stand up and speak out 

against the federal government. Why end up with 

the jackboot [ph] of the federal government on 

your neck? 

EPA has chose Kentucky operators as examples. 

I guess maybe it's the way we all voted at the 

last presidential election. And I'll guarantee 

you one thing, there will be more votes like it 

come November. (Applause). I will say one thing, 

Mr. Giattina, and Mr. Thomas, nobody's angry with 

you all. It's your boss. That's who needs to go.

(Applause)

MS. MacPHERSON: Thank you. Thank you. 

Okay. At this time, could the next set of 
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speakers, 81 to 100; is that right, Christie? 81 

to 100, please go to the back, my left, and get 

prepared. So number 38; right?

SPEAKER NO. 38: Thank you. 

MS. MacPHERSON: Yeah. I just want to make 

sure I keep it in order.

SPEAKER NO. 38: Thank you very much. My 

name is Andy Barr. I'm the Republican nominee for 

Congress (Applause) in Kentucky's 6th 

Congressional District. (Applause). I'm also an 

attorney with a law firm that represents coal 

operators and also the hundreds of employees of 

those coal companies that they employ. And I'm 

also a part-time instructor of administrative law. 

As an instructor of administrative law at Morehead 

State University, I'm concerned about the EPA's 

noncompliance with the Administrative Procedures 

Act. 

As an attorney, obviously, I'm concerned 

about my clients and the hundreds of miners that 

they employ. And as a citizen and as a candidate 

for U.S. Congress, I'm especially concerned about 

these human beings whose lives and their futures 

and their livelihoods that are being jeopardized 

by the actions of the EPA. So, tonight, I rise to 
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express my serious concerns about the EPA's 

objections to new and expanding mining activities 

in Kentucky. 

The comments that we have heard here tonight 

about these mining permits provide the best proof 

yet that the Obama Administration is, indeed, 

waging a war on Kentucky's working families. They 

know, the Obama Administration knows, or at least 

they ought to know, that coal puts food on the 

lay -- on the tables of many in this state. They 

know, or at least they ought to know, that coal 

employs over 23,000 people in this state and 

provides three additional jobs for every miner 

employed. They know, or at least they ought to 

know, that coal provides low cost electricity for 

manufacturers like Toyota, which provides nearly 

7,000 jobs right next door in Scott County. 

So, at this time, in our nation's history, in 

the 40th consecutive month of unemployment higher 

than 8 percent with one in two recent college 

graduates either unemployed or underemployed, when 

we face a jobs crisis worse than anything we've 

seen since the Great Depression, it is absolutely 

unconscionable that this administration would be 

actively working to kill jobs and deny the 
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American people access to affordable and reliable 

energy. 

And, regrettably, the EPA and this 

Administration are not the only problem. 

Kentuckians expect their elected representatives 

to fight every single day to stop this 

administration's war on coal. And most troubling 

of all, in these difficult times this EPA and this 

President, to enable them, are treating these 

people as if they are the problem, when they are 

the solution. Thank you very much.

(Applause) 

MS. MacPHERSON: Okay. Thank you. Thank 

you. Okay. Next speaker, number 39. 

SPEAKER NO. 39: My name is Nina McCoy, and 

I'm from Inez, Kentucky. I am here not to 

represent any group. If I had about two hours, I 

could spend a lot of time explaining our struggles 

with the previous EPA, who said that 300 million 

gallons of toxic coal sludge was fine for us to 

drink. But since I have two minutes, I've decided 

to give it to God. And a lot of people hate it 

when I do that, even on my side, because those 

people think that this book (indicating) has been 

used to keep people down. But this book 
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(indicating) instead has so many examples. Every 

one of these is an example, a warning of what 

happens when the powerful and the rich try to keep 

people down. So I'm here -- I have no quarrel 

with any working man or any working woman. I am 

here to fight the rich and powerful. 

First, to the coal companies. This is from 

Ezekiel 17:18 [sic], "Is it not enough for you to 

feed on the good pasture, but you must tread down 

with your feet the rest of the pasture? When you 

drink of the clear water, must you foul the rest 

with your feet? And must my sheep eat what you 

have trodden with your feet, and drink what you 

have fouled with your feet?" 

And now for their bully friends of coal. 

"Because you pushed with flank and shoulder, and 

butted at all the weak animals with your horns 

until you scattered them far and wide," our 

eastern Kentucky people are gone. "I will save my 

flock, and it will no longer be ravaged, and I 

will judge between the sheep and the sheep."

And now for our elected officials. In Micah, 

"The official and the judge ask for a bribe; and 

the powerful dictate what they desire. Thus they 

pervert justice."
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For our governor who has invited you here to 

make you stop regulating our water, "My brothers 

and sisters, do you act with acts of favoritism, 

really believe in our glorious Lord Jesus Christ, 

and if a person with gold rings and fine clothes 

comes into your assembly, and a poor person in 

dirty clothes comes in," if you invite Don 

Blankenship to your -- to your -- 

MS. MacPHERSON: Thank you. Yeah, I'm sorry. 

Again, if you've got additional comments, we'd 

love to get them in writing out front. 

(Applause). Thank you. 

As you can see, we still have quite a few 

people who want to speak and we want to make sure 

they get that opportunity. So speaker number 40. 

SPEAKER NO. 40: My name is Jim Dugan, 

D-u-g-a-n. I'm a private citizen here to 

represent the people on fixed income. EPA is 

placing a heavy burden on people on a fixed 

income. We've been loaded down with costly 

regulations. This is death by a thousand cuts. 

We're looking at a huge increase in the cost of 

electricity due to shutting down of coal-fired 

plants. PMJ Interconnect, which controls the grid 

for 13 of our states, the recent auction came in 
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at eight times our current rate. How are we going 

to pay for that? 

Mr. Karl Spalding, your regional 

representative for the EPA, whom I call the 

environmentalist punishing America, stated that 

your actions will destroy communities that depend 

on coal. This is one of your -- one of your 

people. Do you know how many communities will be 

destroyed? Do you know how many states will have 

their economies destroyed? How many of us -- many 

of us wrote to you when you supposedly had 

listening sessions on costly and overly burdensome 

regulations. Did you pay any attention? Did you 

make any changes? Is this just a forest here? 

This country was founded on a separation of powers 

because our forefathers experienced the tyranny of 

centralized power. Somehow you ended up having 

the power to make regulations, to enforce the 

regulations, and to judge who's not in -- not 

compliance with your regulations. King George 

would be proud.

(Applause) 

MS. MacPHERSON: Thank you. Okay. Speaker 

41. 

PUBLIC SPEAKER: My name is Matt Wasson with 
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Appalachian Voices. We represent several thousand 

members across the Appalachian region. I'm going 

to speak about a, first, about a lawsuit that my 

organization and several others in the group were 

engaged in to illustrate a little why the EPA 

oversight is so desperately needed in Kentucky. 

Without going into details, because decisions are 

still pending, here's how the Lexington 

Herald-Leader described the controversy. "The 

environmental groups uncovered a massive failure 

by the industry to file accurate water discharge 

monitoring reports. Also revealed was the 

Cabinet's failure to oversee a credible water 

monitoring program by the coal industry. So 

complete was the lack of state oversight, it's 

impossible to say whether the mines were violating 

their water pollution permits or not. This abject 

failure of state agencies to oversee the water 

quality monitoring program in the State of 

Kentucky is precisely why what the EPA is doing 

and must continue to do is so important." 

I also want to speak about some of the job's 

numbers we've -- or some of the -- talk about jobs 

that we've heard, because, you know, to -- to -- 

to hear what we've heard tonight, you'd think that 
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jobs are actually being lost in the Appalachian 

coal industry. Actually, since the second -- 

second -- since June of 2009 when the enhanced 

coordination procedures were announced, the number 

of jobs in Appalachian mines are up by 6 percent. 

2011 saw the highest employment in the coal mining 

industry in 14 years. And that's not to paint too 

rosy a picture, because, yeah, just this last 

year, coal's gone -- basically gone from half of 

our electricity supply to a third. And that's due 

to competition from natural gas. 

But EPA's job is not to worry about those 

jobs and by rubber-stamping these permits, you 

will not create a single new job because you 

cannot rubber-stamp new buyers for coal for which 

there is no demand. So please do your job. Find 

the intestinal fortitude to not be intimidated and 

to do what you know is right, which is follow the 

science and follow the law.

(Applause)

MS. MacPHERSON: Okay. Thank you. Thank 

you. Okay. Speaker number 42. Oh-oh. Could -- 

John -- 

SPEAKER NO. 42: Okay. 

MS. MacPHERSON: Does it work?
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SPEAKER NO. 42: There. My name is Steve 

Gardner. I'm a licensed professional engineer 

with bachelors and masters degrees in engineering. 

As a professional engineer, my first obligation is 

to public health, safety, and welfare. I've 

worked in and around the Appalachian mining 

industry as an engineer and scientist for almost 

40 years. I feel I've accomplished some good. 

I'm also a concerned citizen and a native of 

Appalachia, having grown -- grown up on a tobacco 

farm. I've observed one thing in my career. 

Farmers and miners are fiercely proud of what they 

do and have a deep love of the land. They feel 

what they do is essential to society and can -- 

and it can be done in a responsible manner. 

Mining and farming are the basis of our society 

and provide the standard of living that we all 

enjoy. 

I saw the passage of the Surface Mining 

Control and Reclamation Act of 1977, or SMCRA, as 

many know it, and I've worked through the 

implementation and industry transitions that 

ensued. One point that I don't believe everyone 

remembers is that SMCRA was intended to include 

the provisions of the Clean Water Act and provide 
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a -- an efficient permitting process for 

government, industry, and the public. Many in the 

mining industry felt that SMCRA would be the end 

of surface mining in Appalachia. It did have a 

tremendous impact. 

Mountaintop removal mining was specifically 

provided for in the law, and strongly encouraged 

by government research and development. Since 

this controversy has evolved, EPA has redefined 

all surface mining in Appalachia to be mountaintop 

mining. An important point is that EPA's current 

implementation and reinterpretation of laws will 

also impact the ability to conduct underground 

mining. 

We must question not only the fairness of 

these policies which are being applied narrowly to 

certain Appalachian regions, but also their 

legality. While Appalachian coal production is in 

decline, we see an increase in mining in Illinois 

and other regions, further exacerbating the 

economic disparities. 

Now, Jim, still, take this with constructive 

criticism, but engineers and scientists who work 

in the industry agree that EPA objections to 

permits show a fundamental lack of understanding 
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of basic engineering and science and are based on 

incomplete science at best. University scientists 

who actually know something about mining at UK, 

Virginia Tech, and West Virginia, are rapidly 

showing the studies that EPA has based their 

decision on, to be flawed at best. 

MS. MacPHERSON: Thank you.

SPEAKER NO. 42: Thank you.

MS. MacPHERSON: Thank you. (Applause). 

Okay. Speaker number 43. 

SPEAKER NO. 43: Ruth Bamberger, 

B-a-m-b-e-r-g-e-r. I'm a citizen of Kenton 

County, Kentucky. I support the EPA's denial of 

these permits until such time that the coal 

company's state and federal regulators can work 

out an agreement compliant with the Clean Water 

Act. As EPA Director Lisa Jackson stated when the 

comprehensive guidance to protect Appalachian 

communities from harmful impacts of mountaintop 

mining was issued in April 2010, quote, "We will 

continue to work with all stakeholders in finding 

a way forward to follow science and the law." And 

science attempts to embody the laws of nature. My 

friend's car bumper sticker says, "Mother nature 

always bats last." 
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The policy forum on mountaintop mining 

consequences in the January 8th, 2010 issue of 

Science concludes, in part, that aerial of 

headwater streams by valley fills causes permanent 

loss of ecosystems necessary for nutrient cycling. 

Below valley -- below valley fills, streams have 

increases of pH, electrical conductivity, and 

dissolved solids because of elevated 

concentrations of sulfates, calcium, magnesium, 

and coal-generated sulfuric acid. Conductivity 

and elevated amounts of sulfates disrupt aquatic 

biota, increase nitrogen and phosphorus levels, 

and levels of metals, such as iron, aluminum, and 

selenium. 

The laws of nature require compliance from 

all of us, coal companies, consumers, politicians, 

state and federal regulators entrusted to oversee 

the welfare of the community. Coal mining is 

complicated in Kentucky because of the tensions 

with job opportunities, making a profit, 

maintaining a quality environment. How to work 

out a balance fair to all necessitates working 

together. 

My plea is, stop being adversaries and let's 

work together. Thank you. 
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MS. MacPHERSON: Thank you. (Applause). 

Okay. Speaker 44. 

SPEAKER NO. 44: Hello. And thank you for 

allowing me to speak tonight. My name is John 

Jones. I'm vice president of -- 

MS. MacPHERSON: Could you -- could you move 

the mic up a little. There you go. 

SPEAKER NO. 44: I'm vice president of 

Environmental and Regulatory Affairs for Alpha 

Natural Resources. I will be submitting technical 

comments, just want to make a few general comments 

here tonight. First of all, I'd like to say Alpha 

is the third largest producer of coal in the 

country. 2011 we produced a little over 100 

million tons. We're currently the largest -- or 

second largest producer in the State of Kentucky. 

We -- in 2011, our Kentucky subsidiaries produced 

11 million tons of coal here in Kentucky and 

employed over 2,000 people. We had a Kentucky 

payroll of $207 million. And our miners are 

generally paid higher wages than -- than other 

workers in the state. We were responsible for 

approximately five -- 5,900 indirect jobs. We 

spent $22 million on supplies from 186 different 

suppliers. We paid 30.5 million in state and 
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local taxes, and made a capital investment of 69.4 

million here in Kentucky. We also provided nearly 

a half a million dollars to support community 

activities. 

I'd just like to say, in my 30 years of 

working in the coal industry, never seen such an 

attack on our business from DC bureaucrats or such 

disregard for stated rights. EPA and other 

federal agencies have devised and carried out a 

very vigorous campaign to stop coal mining, 

especially here in the central Appalachian 

coalfields. A recent decision in the NMA vs.

Jackson case determined that the EPA acted 

illegally in its efforts to stop the 404 

permitting process for coal mines in Appalachia. 

And we anxiously await the second half of that 

case, which challenges the legality of the April 

20th interim guidance, which all of these permit 

objections are based upon. 

We have seven of those permits that belong to 

our subsidiaries. And we strongly feel that EPA 

should stop crucifying the Kentucky coal industry 

and it's highly respected regulatory agencies. We 

think that EPA should withdraw these unreasonable, 

nonspecific, painful, every-step-of-the-way 
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objections. Thank you. 

MS. MacPHERSON: Thank you. (Applause). 

Okay. Speaker number 45. 

SPEAKER NO. 45: My name is Haven King, 

H-a-v-e-n K-i-n-g. I'm the County Clerk of Perry 

County, in Hazard, Kentucky. I'm also the 

president of Coal Mining our Future. Now, I want 

to give you some -- some facts, okay. I don't 

think that the EPA is -- is like the guy in Texas 

when he wants to go out and his -- his -- he wants 

to go out and crucify people and like the Romans. 

I don't think you all are that way. I don't think 

you -- I don't think you want to do that. But 

it's like Secretary Peters said when he first 

started here, his comments were that you all sit 

down in a room, you had a conversation with the 

Secretary -- the Energy Secretary of Kentucky and 

the EPA, thought you had an agreement whenever you 

left that meeting, but whenever, after you left, 

then you changed -- you're changing in the 

midstream. So that's what's happening. 

First thing you did, you did cap and trade. 

When cap and trade didn't work, we stopped cap and 

trade. When cap and trade didn't work, then you 

went to conductivity. Conductivity, you want the 
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conductivity to be 300 coming off of a permit, a 

surface permit. Now, the conductivity at my 

house, where I live in east Kentucky, is 725. 

That's city water. Now, after that, you go from 

conductivity -- are we losing jobs? I don't know 

where you're getting the information. We've lost 

hundreds of jobs in Perry County, Hazard, 

Kentucky. We've had major, major layoffs. We've 

had -- we've had over 1,000 people laid off in two 

counties. That's 1,000 coal miners that make 65 

to 70,000 a -- a year. In two companies, the 

impact has been with the layoff is 1.8 million a 

month. Another company, the impact in these 

counties is 1.8. That's $3.6 million took out 

of our -- it's took out, it's took out of our -- 

with our tax structure and all these things. 

But we ask you, you know, you're going to be 

the reason that people are going to die. We're 

going to have people, like he said, on fixed 

income, they cannot pay these power bills, and 

you'll be the reason for that. So consider that. 

Thank you.

(Applause)

MS. MacPHERSON: Thank you. Okay. Speaker 

number 46. 
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SPEAKER NO. 46: Yes. My name is Brian 

Patton, B-r-i-a-n P-a-t-t-o-n. I'm the president 

of James River Coal Service company, and I'm here 

tonight, and I appreciate Chris and Jim coming to 

talk to us. We've had meetings in the past and 

worked together very much so in the past. We have 

three of the permits that are in question at this 

point. I want to talk about those three, as well 

as three permits that are not in question that we 

have removed. 

Draft KPDES permit number KY0091910 would 

authorize the discharge of treated wastewater 

consisting of precipitation runoff from SMCRA 

permit 8970287, amendment 7. The amendment would 

add approximately 128 acres of mining activity to 

the presently authorized 327 acres. The proposed 

mining activity would include no new hollow fills, 

no instream ponds. Wastewater from the proposed 

new mining activity would be discharged to the 

waters of the Commonwealth categorized as high 

quality waters and would not involve discharging 

impaired waters.

Draft KPDES permit number KY 0106682 would 

authorize the discharge of treated wastewater 

consisting of precipitation runoff from permit 
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number 8975061, Amendment 4. The amendment would 

add approximately 92 acres of mining activity to 

the presently authorized 312 acres. And, again, 

there will be no new hollow fills, no instream 

ponds. 

MS. MacPHERSON: Hold on. Sorry. I -- I 

don't want the time to be going when you're 

describing the permit.

SPEAKER NO. 46: Okay.

MS. MacPHERSON: So if you could just pause 

it. Yeah. And did you get all that down? I have 

no idea how this woman is getting all this 

information down.

SPEAKER NO. 46: I'm going to talk fast.

MS. MacPHERSON: You are a fast talker. Are 

those the three permits? 

SPEAKER NO. 46: I have one more. 

MS. MacPHERSON: Okay. Keep going, and then 

we'll start the clock up again. Don't start it 

yet.

SPEAKER NO. 46: Draft KPDES permit number 

KY0091847 would authorize the discharge of treated 

wastewater consisting of precipitation runoff from 

SMCRA permit number 8978039 is modified. The 

permit area presently includes the coal processing 
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and loading facility, as well as mining activities 

authorized on a total of 367 acres. Again, 

there'd be no additional acres to which the 

presently authorized mining operations, and would 

include no new hollow fills and no new instream 

ponds. 

Out of those three permits -- and if you want 

to go ahead and start the clock. 

MS. MacPHERSON: No, I'll give you a couple 

minutes on the clock because it was going during 

the first bit. 

SPEAKER NO. 46: And as stated earlier, out 

of these three permits, there is no impacts, no 

new hollow fills, no new ponds. We have waited 

now for over two years for these permits to be 

issued. We also have three other permits. Laurel 

Mountain Resources has withdrawn its applications, 

KPDES permits number -- and I will -- KY0108715, 

KY0109100, KY0108294. Accordingly, the EPA 

hearing's objections to these draft permits are 

moot. The company has revised its proposed plans 

for each of these activities that would have been 

addressed under the April mentioned draft permits. 

The Kentucky Division of Water has authorized the 

discharge of wastewater from each of the revised 
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permits under the general permits, KPDES general 

permit, for the mining activities that became 

active in August the First. 

What I want to say here is we have three 

permits that could be, three permits that are no 

more. The three permits that are no more have a 

combined total loss to the community of $8.7 

million in coal severance tax money; $17.45 

million in royalties to private, private owners; 

$3.13 million in lost wages to the community, for 

a total of over $30 million lost to the community 

in the three permits that we are not going forward 

with because of the delay in getting permits. The 

three permits that are still sustaining here right 

now, there's over $100 million of investment 

that's laying on the table right now waiting for 

these permits to go forward. 

I'll ask you tonight, because my coal miners, 

my 2,000 coal miners who had to go back to work 

(Audience member responds) are not here. Look at 

these people that are here tonight. These are not 

the people of eastern Kentucky. These are not the 

people that represent us. They do not have a 

solution for our jobs and they will not be here to 

help us. Thank you, Jim.
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(Applause)

MS. MacPHERSON: Thank you. Okay. Speaker 

number 47. 

SPEAKER NO. 47: Tim Joice, J-o-i-c-e, and I 

am the water policy director for Kentucky 

Waterways Alliance, or KWA. KWA advocates for 

clean water on behalf of all 700 of our members 

and all the citizens of the Commonwealth. We 

advocate for changes to laws to provide further 

protection to our waterways, but we also advocate 

for the enforcement of existing state and federal 

laws intended to protect our waterways. After 

all, we are a country with laws enacted over time 

in order to protect our freedoms and protect the 

public goods and health of our nation. 

I'm here tonight to express support of EPA's 

objections. EPA is fully within its authority 

granted by the Clean Water Act, a 40-year-old 

federal law intended to clean up our nation's 

waterways and protect them from any further 

pollution, and, thereby, protect us all. KWA 

believes the problems related to these and 

hundreds of other coal general permits are 

numerous. Waterways continue to degrade in the 

areas of eastern Kentucky that have -- that have 
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been or continue to be heavily surface mined. 

This fact is depicted in the state 305(b) reports 

and the 303(d) list of impaired waters from recent 

years.

Clearly, past measures have not provided 

adequate protections to meet the state's own water 

quality standards. The newer permits proposed by 

the state are stricter, but still are not easily 

enforceable for meeting the state's laws. Under 

the Clean Water Act, discharges by all industries 

are not allowed to harm the uses of our waters, 

which include fishing, drinking, or recreation. 

The reality, though, is that, for quite sometime, 

coal mining discharges have violated this 

provision, and the mining industry must be held to 

the same standards as every other discharging 

industry in this nation. The results of this 

process could also have significant implications 

for the new coal general permit in 2014, and the 

subsequent future of waterways in this state and 

the health of our citizens. 

Coal mining issues are often controversial 

and divisive, as evidenced here tonight. But 

there should be no division on this issue amongst 

us all here tonight. We are all Kentuckians. We 
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are all humans and we all need clean water. That 

goes for businesses, industries, and citizens. It 

is not clean water or jobs, it is both. More 

importantly, we have laws to protect the people 

and resources of our state and country. Thank 

you.

MS. MacPHERSON: Thank you.

SPEAKER NO. 47: Please, EPA, stand firm.

(Applause)

MS. MacPHERSON: Thank you. Okay. Speaker 

number 48. 

SPEAKER NO. 48: Thank you. My name is Rick 

Honaker, H-o-n-a-k-e-r. I'm chair of the mining 

engineering program at University of Kentucky. 

The mining engineering program focuses on mining 

research and the education of future mining 

engineers, with the capabilities of addressing the 

mining -- the many change -- challenges that face 

the industry today including the need to minimize 

the environmental impact of mining. 

A fact that is not commonly recognized by the 

general public is that mining is a necessity of 

life. Most everything we use comes from mining. 

It is one of the only two basic resource 

industries. The other industry is agriculture, 
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which has also been impacted by recent -- in the 

recent years by new EPA regulations. Both mining 

and agriculture are obviously extremely important 

to the health and well-being of every Kentuckian 

and U.S. citizen. 

I also completely agree that clean water and 

air is a natural born right. Given that we 

require all the above, EPA should be working with 

the mining industry to establish attainable 

environmental standards over a reasonable time 

period. I am confident that given a grace period 

to adapt to new and reasonable standards, the 

mining industry and academia could make great 

strides to the -- in the development or 

modification of mining practices to meet the 

targeted environmental requirements. However, the 

recently established environmental standards 

applied to mining, specifically in operations in 

Central Appalachia, with no grace period, show a 

lack of desire to work with industry to achieve 

the desired goals. 

If EPA continues with its current practice, 

unemployment in the area where poverty is already 

high will surely increase, energy costs will 

elevate, and families will have difficult times 
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securing the necessities needed to ensure a long 

and healthful -- healthy life. I know these 

difficulties quite well as a result of my 

childhood experiences growing up in the Central 

Appalachia coalfields. 

I encourage the EPA to use sound scientific 

facts and engineering when considering the coal 

permits under question and strongly consider the 

negative ramifications of reduced employment in 

areas already economically depressed. Thank you.

(Applause) 

MS. MacPHERSON: Thank you. Okay. Number 

49. 

SPEAKER NO. 81: 81. 

MS. MacPHERSON: You're 84?

SPEAKER NO. 81: 81. 

MS. MacPHERSON: Oh, 81. See, just testing 

you guys. 81. 

SPEAKER NO. 81: All right. Thank you. 

Thank you. My name is Rusty Cress, and I'm 

speaking today on behalf of the Kentucky 

Association of Manufacturers. KAM is a statewide 

trade association representing over 2,000 

manufacturing facilities and over 224,000 

manufacturing jobs in Kentucky. Kentucky's 
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manufacturers are heavily dependent upon low cost 

energy that is available, largely because of the 

state's abundant coal resources. Low cost energy 

has been a primary factor in the decision of many 

of Kentucky's largest employers that locate their 

facilities in Kentucky, and has allowed Kentucky 

to succeed in competing for new and expanded 

businesses. Unfortunately, EPA's objections to 

KPDES permits for new and expanded surface coal 

mining activities threatens to disrupt Kentucky's 

favorable energy supply status. 

KAM is greatly concerned that EPA's actions 

will result in a loss of manufacturing capacity in 

Kentucky and consequent loss of jobs at this 

critical moment. EPA's implementation of its new 

requirements for Clean Water Act permits for 

eastern Kentucky surface mines is wholly 

inappropriate. The requirements were imposed 

without any prior notice to industry or to the 

state permit issuing authority and were effective 

immediately. Procedures that had been approved by 

EPA and used for decades in the issuance of Clean 

Water Act permits were not used, resulting in 

chaos. 

The impact of EPA's inappropriate actions 
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will be felt dramatically by Kentucky's 

manufacturing community, which recognizes that 

coal is a low -- is low cost energy source that 

will be in demand for years to come. We should be 

exploring ways to better utilize this energy 

source, rather than hindering its use. Kentucky's 

manufacturers, their employees, their families, 

and Kentucky's economy will suff -- will suffer if 

EPA's objections stand. Thank you very much.

(Applause) 

MS. MacPHERSON: Thank you. Thank you. So I 

hope you're number 82. 

SPEAKER NO. 82: 82, yes. 

MS. MacPHERSON: Okay.

SPEAKER NO. 82: My name is Jimmy Hall, and 

I'm from Letcher County, Kentucky, Millcreek. The 

reason I'm here is because I've been dealing with 

the mines and permits for the last eight years, 

nine years, over some issues. I had drums of oil, 

250-gallon, five-gallon drums of oil up on top of 

the hill with orange sludge coming out of it. 

They told me that there was nothing wrong with it. 

It was surface water, okay. I want to commend the 

EPA, the gentleman that come out and tested my 

water here recently. About three weeks ago he 
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give me a call, me and my neighbor, Chris Yonts, 

and told us, "Don't drink the water because it has 

arsonic and lead in it." Okay. He's got two 

small children. I'm a grandfather, I'm a great 

grandfather, and I sure don't want my kids 

drinking that stuff. 

If the mines -- I'm not against mining, but 

if they would do the job and do it the way it's 

supposed to be done, follow the regulations that I 

have to follow when I go do something, everything 

would be good. So anybody's talking about getting 

rid of the EPA, I think they're a fool. Because 

right now, I spent eight years of my life and a 

whole bunch of money to reclaim my family 

homestead, and it will be the day I die, I'll 

fight for it. It's not right. These kids are the 

ones that are suffering. 

If they would follow the rules, everything 

would be good. Nobody would be complaining about 

it. We could all dig our coal. But that strip 

mining, I've been stripped, I've been gutted, and 

I've been flat [ph]. And now I got to drink 

arsonic water. And I thank you for your time. 

And I think the EPA should stay right where 

they're at. And I think they should start 
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investigating some of these -- Nationwide permit 

21, Millcreek, Shelby Fork, they filed for it. 

They rubber-stamped it, came back, they never -- 

they never got a Nationwide permit 21 for that 

area. I need help. Thank you.

(Applause) 

MS. MacPHERSON: Thank you. Thank you. 

Okay. Speaker number 83. 

PUBLIC SPEAKER: I'm speaker number 83. My 

name is Hank Graddy, G-r-a-d-d-y. I'm an attorney 

and I'm speaking as a concerned citizen of the 

Commonwealth of Kentucky. I applaud EPA for the 

decision to object to the permits you objected to 

in 2010 and 2011. I applaud you for holding 

tonight's public hearing. I ask EPA to reaffirm 

its objections to all of these 36 permits. 

I'm a member of the Sierra Club and I've been 

a member of the Sierra Club for 37 years, and I've 

held a number of offices in the Sierra Club 

relating to water protection and also relating to 

coal mining. I'm also one of the founding members 

of Watershed Watch in Kentucky and the Kentucky 

River Watershed Watch. I've been trained to use 

my own conductivity meter and to include that in 

our water quality assessments. I've attached some 
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of our results to my written comments. 

But I'm speaking as an individual and not on 

behalf of an organization. One of the things that 

I have -- I base my comments tonight on your 

objection letters, the ones that I read, and one 

of the things that has amazed me tonight, and with 

all of the asteria and all of the exaggeration and 

all of the world coming to an end, all of the 

hyperbole that we have heard, almost no one has 

actually mentioned what is in your letter of 

objection. 

Your letter of objection notes that the 

Division of Water is required to do a reasonable 

potential analysis, and you asked them to do that 

and they refused to provide you with the data that 

was necessary to do a reasonable potential 

analysis. They said they weren't going to provide 

it to you. You then singled out states that had, 

apparently, a record, a long pattern of 

noncompliance, four states that deserve special 

attention because of a history of failure to 

properly implement the law. That is why we're 

here, because the Division of Water, my friends 

right in front of me, have failed to do what they 

need to do in response to EPA guidance. You 
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issued the guidance in this case just like you've 

done for 40 years. You issued guidance. And then 

the states implement regulations to implement that 

guidance. There's no different here. This is the 

same process we've been going on for 40 years. 

And, now, we're having an asteria evening. 

MS. MacPHERSON: Thank you. Thank you for 

your comments. (Applause). And, again, if you've 

got written comments, please submit them. 

(Applause). Thank you. Okay. Speaker 84. 

SPEAKER NO. 84: Hello. My name is Shannon 

Buzard, a Kentucky -- a citizen from Lexington, 

Kentucky, family of four. First, I'd like to 

start with the Ninth and Tenth Amendment that is a 

right to all of us. "The enumeration in the 

Constitution, of certain rights, shall not be 

construed to deny or disparage others retained by 

the people." Amendment 10, "The powers not 

delegated to the United States by the 

Constitution, nor prohibited by it to the States, 

are reserved to the States respectively, or to the 

people." 

What has brought me to this issue, place, and 

time, it was my simple request for knowledge and 

understanding regarding cap and trade that evolved 
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from fear-mongering advocates of global warming. 

However, acceptance of it clearly became an 

impossibility due to its impact and effects of 

every single aspect of my life, my faith, my 

family, and lives of my community. Knowledge of 

this issue was acquired through hours of on-line 

research, social networks, my right of political 

participation, attending committee meetings, 

petitioning for the Tenth Amendment, interactions 

with representatives, and endurance of the -- of 

most meetings of the Kentucky Climate Action Panel 

responsible for completing a climate action policy 

suggestion manual, which, in my view, is 

technically obsolete due to being unable to adjust 

its findings with current and constant changing of 

climate behaviors, innovation, and advancement of 

technology, shifts of the economies and laws. 

The KCAP started as a $200,000 taxpayer 

environmental project approved by the governor 

support, to support his 7 point energy and 40 

percent emissions reduction plan. This plan was 

initiated by the IPCC established by the United 

Nations environment program, and the World 

Meteorological Organization, which spawn from the 

latest and greatest sustainability movement known 
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as UN Agenda 21, kin to the Kyoto Protocol. 

Please research this all on-line, and you can 

also get the Kentucky Climate Action Panel, the 

complete policy manual is on-line also. The whole 

thought or notion -- oh, my gosh, I'm so sorry. 

MS. MacPHERSON: It's amazing two minutes 

goes by really fast. 

SPEAKER NO. 84: Okay. 

MS. MacPHERSON: But, please -- oh, I'm 

sorry. We have to -- please submit -- anything 

that you have in writing will be made a part of 

the permanent record, okay. We -- we still have 

others we have to get through. And, actually, at 

this time, I'd like to call the numbers 110 to 120 

to please go in the back. I appreciate your 

perseverance and sticking it out. Please go meet 

Chuck holding the white piece of paper there. 

Okay. Next speaker. 

SPEAKER NO. 89: Okay. Okay. I'm Myles 

Maxson. And it's spelled M-y-l-e-s M-a-x-s-o-n. 

And I just turned 12 and I live in Madison County. 

When I grow up, I want to live in the type of 

world where people are more important than money 

(Audience member responds) where I can climb to 

the top of any one of our beautiful Appalachian 
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mountains and breathe in the fresh air and look in 

all directions and not be upfronted by ugly scars 

on these amazingly biodiverse masterpieces. I 

want to live in a world where poverty is the -- is 

the exception not the expectation and where clean 

water is taken for granted. Unfortunately, that 

is not the kind of world my friends and I are 

likely to grow up in. And for many people living 

near mountaintop removal sites, that's not the 

world they live in today. 

Allowing these permits or any others to go 

forward, when they don't follow the Clean Water 

Act, just sets me and my generation up to live in 

a world where the water is not safe to drink, nor 

the air safe to breathe. Our state has made it 

clear that it cannot and will not fairly enforce 

the Clean Water Act. As a result, people in 

mining communities have higher rates of many 

health problems, from cancer to birth defects. 

The poverty rates in areas where we have been 

mining coal for the last 100 years are some of the 

highest in Kentucky. For every mining pollution 

permit given that doesn't follow the law, there 

will be even more places where the air is not safe 

to breathe and the water not safe to drink. 
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I would like to thank you for at least 

temporarily denying these 36 permits. Keep up the 

good work by stopping even more of the pollution 

permits if they do not comply with the regulations 

and protect our health and water. I know you are 

under pressure from the coal companies and 

Governor Beshear to allow these permits to pass, 

but you're the EPA. Your job is to protect the 

environment. How can they sue for doing your job? 

So please think about it from my point of view. 

If you were a 12-year-old growing up in a 

deteriorating world, would you be very happy with 

the situation? I think not. 

I come before you to represent my generation 

and ask you if you would please think about what 

you have heard today. Please stand strong, do 

your job, and give us a shot at a good future. I 

would like to thank you for listening to me today.

(Audience members stand. Applause.) 

MS. MacPHERSON: Thank you. Thank you. 

Okay. Next speaker.

SPEAKER NO. 86: Yes. My name is Paul 

Johnson, P-a-u-l J-o-h-n-s-o-n. I'm out of 

Walton, Kentucky. I want to say, first of all, 

that this meeting tonight is absolutely positively 
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illegal (Audience member responds) according to 

Article 1, Section 8 of the U.S. Constitution. 

There -- you know, this commerce cause has been 

stretched and -- and wound around. 

I want to just read part of the Section 8. 

"Congress shall have power to collect taxes, 

duties, and so on, to borrow money, and so on, to 

regulate commerce and foreign nations, and among 

the several states with the Indian tribes." That 

says "Congress." It does not say "Obama." 

Congress has the right, so Congress has not taken 

away the Tenth Amendment yet. We haven't voted on 

it in Kentucky. So I propose that the EPA is 

absolutely illegal because it usurps the authority 

of the several states. 

And I want to read the Tenth Amendment if I 

can. Here we go. "The powers not delegated to 

the United States by the Constitution, not 

prohibited by the States, are reserved to the 

States respectively, and to the people." Now, 

either that's true or it's not. If we don't want 

to live with this, then we ought to get away with 

it, or do away with it. Dick Chaney said when he 

and Bush won, he said, "Help's on the way. I want 

to let you know, America, help's on the way." 
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James Inhofe [ph] introduced a bill last night on 

the Senate floor, it'll be voted on in two weeks, 

and this will shutdown -- would send EPA back to 

the drawing board to craft a rule that balances 

environmental protections, economic growth, 

instead of killing coal. 

And I had a cro -- I had a crown of thorns I 

was going to bring in here tonight, but they 

wouldn't let me in. The Greeks introduced 

crucifixion, but the Romans -- the Romans made 

it -- they edified it. They -- they made it 

better, and so they put a crown of thorn on Jesus. 

(Audience member responds). (Applause). And you 

know what he said, "Father, forgive them, for they 

know not what they do." And I'm not really sure 

that people know what they're doing about this. 

MS. MacPHERSON: Thank you. Thank you for 

your comment. (Applause). Okay. Next speaker, 

go ahead. 

SPEAKER NO. 91: I'm Don Pratt. I'm 

originally from Hazard, Kentucky, but lived in 

Hindman, Kentucky, when I was an infant, and moved 

to Lexington and grew up there. It's not 

important who I am, but if you want to know, I 

have raised 64 children as a foster parent and 
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I've raised biological and adopted children. I've 

had a small grocery, and I've run for political 

office spending only $1,000 or less, and my 

opponent spent 78 times that and only got a few 

thousand votes more. 19,500 was an amazing amount 

for five -- for $1,000. 

But I'm honest. And the people of Lexington 

knew who I was and why I stood up. I stand up 

with you with honesty. I wanted to get this young 

man to read my speech because, obviously, he says 

it so eloquently. But I want you to know that I'm 

here to tell you that I love coal. I love miners. 

And I love many benefits from energy. But I love 

the mountains, I love the land, I love the air, I 

love the water better. I love the soil better. I 

have been to the mountain. I've been to mine 

disasters in my past. I've been with Robert 

Kennedy concerned about mountain poverty. I've 

been to the mountaintop with Harry Caldwell, 

author of "Night Comes to the Cumberland," joining 

in the fight to -- against abuses of strip mining 

and the abandonment of such sites. I've joined 

the fight of -- against legal -- of legal -- then 

legal broad form deeds, and helped organized for 

black lung benefits when it was denied by Kentucky 
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elected officials and by coal. I've been to the 

sludge piles. I've been to the Martin County 

slurries spill. And in all of these battles, the 

coal industry lied and cared little about the 

people or the land's welfare. 

I just heard something today, or read 

something today of a photo of a sign in front of a 

police station that said, "Toilet stole [ph] 

stolen, nothing, nothing to go on." If we 

continue to destroy the earth and our kids and our 

grandkids' essential childess [ph], we'll have 

nothing to live on. Thank you. 

MS. MacPHERSON: Thank you. (Applause). 

Okay. Next speaker, please, go ahead. 

SPEAKER NO. 88: Yes. I'm David Fields, 

D-a-v-i-d F-i-e-l-d-s. I'd like -- I'll be -- I'd 

like to begin by expressing my deep appreciation 

for the EPA's efforts to enforce the Clean Water 

Act as it applies to discharges associated with 

coal mining and also for your efforts to obtain 

input from the public. That's very significant. 

There are two specific points I wanted to 

emphasize. The first is that many of the EPA 

regulations pertaining to mountaintop removal are 

in response to mandates from the judicial system. 
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These mandates were issued precisely because the 

states were not doing a satisfactory job of 

protecting the lands, the waters, and the 

residents of Appalachia from the egregious impact 

of MTR. 

My second point, I'll mention on it, that 

I've lived in Kentucky since '86, but I'm 

originally from West Virginia. So this second 

part is really pertaining to the West Virginia 

situation. Environmental organizations such as 

KFTC and others have won several lawsuits against 

coal companies because the companies were not in 

compliance with the regulations, but the egregious 

consequences of -- for the land and the people. A 

recent case in West Virginia involved Patriot Coal 

Company and covered 43 pollution outlets 

associated with ten water discharge permits at 

three of Patriot's mining complexes. Under the 

settlement, Patriot must construct and operate new 

selenium treatment systems that will end ongoing 

water quality violations. Discharges must be 

brought into compliance with completion -- with 

pollution limits in phases over the next two to 

five years based on the water and pollution flow. 

Smaller outlets will be cleaned up first and 
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others subsequent. 

In addition, Patriot has also paid 750,000 in 

fines to the federal government and contributing 

6.75 million to West Virginia Land Trust. So what 

I'm driving at is that -- 

MS. MacPHERSON: I'm sorry.

SPEAKER NO. 88: Okay.

MS. MacPHERSON: I'm sorry. (Applause). 

Again, please submit your -- the written comments 

there. Okay. Next speaker, please go ahead. 

SPEAKER NO. 97: Okay. My name is Bill 

Couch. Woe. And I'd like to thank the 

opportunity to come and speak. And I'm just a 

God-fearing coal miner from Leslie County, 

Kentucky. (Audience member responds). And I 

don't know where the gentleman got his figures on 

the -- the more jobs in eastern Kentucky, but 

where I work at we have personally had layoffs in 

the last -- we've had two layoffs in the last nine 

months. And if you had -- if you ever had to look 

at a dad and tell him that you've lost your job, 

and in our county we don't have that many jobs, 

when we lose our coal jobs, we don't have another 

industry to go to. We can't go down the street or 

go over to this factory or go over to that factory 
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and apply for jobs. We don't have it. And coal 

is -- is our life style in Leslie County. 

And these permits that are denied, that 

affects us personally because we don't have 

anything to go to. And the water quality -- the 

water quality, I work at a mine with the Arch Coal 

out of Hazard, and I invite -- I will, and I 

invite anybody else, I know I've gotten a lot of 

workers that will do the same as I'll do, anywhere 

that we have runoff from our mine, it comes off in 

a stream, anywhere on that mine I'll -- well, I 

don't know if everybody here has ever laid down on 

your hands and knees and got a drink out of the 

creek, or get you a cup, we'll drink it either 

way. I'll drink water out of any stream there is 

running off our mines. I'll drink that water. 

Because we got -- I mean, it's -- it's clean, I 

mean, pure. It's not going to hurt you. 

I'd like to make a -- compare it to down 

here. That's -- that's our economic development, 

our, you know, mining. Down here you all are 

acting like the mining, or in other parts of the 

state, is -- are your shopping centers, 

subdivisions, parking lots, whatever, will you get 

a drink of water where the sub -- where your storm 
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drains runs out? Will you get a drink water out 

of the subdrains? I won't. Where we strip mine, 

during active mining, I'll drink the water, during 

post-active mining. Decades or centuries down the 

road where we reclaim, we got grass growing on 

trees, wildlife running, you know, record. We 

have more wildlife in eastern Kentucky than we 

ever have in my 56 years. But I don't think it's 

impacting eastern Kentucky whatsoever. 

So please work with us and treat us the same 

and give us the same rules you give everybody else 

to work with. And thank you for your time.

(Applause) 

MS. MacPHERSON: Thank you. Thank you. 

Okay. Next speaker, please go ahead. 

SPEAKER NO. 90: I'm Truman Hurt from Perry 

County, Kentucky, Montgomery Creek. I'm here to 

ask the PA -- the EPA to help us to have clean 

safe water in Kentucky and down the stream, as 

water is not restricted to within our borders. 

Only 36 of these permits have been held back out 

of 151. So that means that 115 were given. 2,500 

in the past have been given. The Clean Water Act 

of '77 has never been fully implemented, and I 

wonder if it ever will be. But the EPA has 
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definitely given us a little courage, but still I 

can look below my house and see black creeks, 

nothing but coal dust makes black creeks. I can 

still see that. And everybody would say, "That 

don't happen." It happens. Without the EPA, 

we're going to continue to have that. 

I don't care how many times they test the 

water out here. It began back there in the 

mountains. I'm like the little fella, I believe 

lives ought to be more important than dollars. 

I'm not a scientist. I can't tell you how many 

dollars it might cost if we don't allow these 

permits, these 36, but I don't believe one job 

will be lost. Many lives may be lost if we don't. 

And that's what we need to prepare. 

I'm completely ashamed of our state 

government officials for not doing what they're 

supposed to do in this permit process. And I ask 

the EPA to hold the line and the law, to take back 

the process from the state. They have shown us 

that they're unable or unwilling to do the right 

job. 

MS. MacPHERSON: Thank you.

SPEAKER NO. 90: Thank you.

MS. MacPHERSON: Thank you very much. 
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(Applause). Okay. Next speaker, please go ahead. 

SPEAKER NO. 113: My name -- oh, my name is 

Susie Bell, B-e-l-l. I was born in Somerset, 

Kentucky, my dad in Harlan, and my mother in 

Harrodsburg. When I was growing up we were not 

allowed to play in the creek. We called it 

stinkin' creek. And it wasn't until I was a 

grownup that I found out that just about every 

county in Kentucky has a stinkin' creek. My 

mother worked for the Division of Water here most 

of her adult life, retired ten years ago, and she 

confided to me that the Division of Water people 

at work said there's not one stream in the state 

of Kentucky that they would say was safe to swim 

in, let alone drink.

I was a nurse at UK as a young adult working 

on pediatrics and with the youngest pediatric 

patients, the number of birth defects that we saw 

coming out of eastern Kentucky, it validates my 

sense that there's something terrible going on 

there. When I heard the statistics tonight on the 

birth defects caused around the mining, I think we 

really need the EPA to protect us because we're 

too stupid to protect ourselves. Our state, our 

governor, our representatives are not doing their 
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jobs, so we really need you all to be here to do 

this for us. 

We need to diversify and -- and provide small 

business loans for jobs. We need to do a lot of 

other things, but you all can't fix that. What 

you can do is protect us so that we're forced to 

go ahead and do those other things that we need to 

do. I have nine grandchildren. I'm hoping that 

they can grow up to a world like that little boy 

and have clean water. Thank you. 

MS. MacPHERSON: Thank you. (Applause). 

Okay. Next speaker. 

SPEAKER NO. 92: My name is Steve Boyce. 

That's B-o-y-c-e. I'm here this evening -- well, 

I guess I should tell you that I live in Berea and 

Madison County, and I'm here this evening as a 

concerned citizen and also as state chair of 

Kentuckians for the Commonwealth. I am another 

Kentuckian urging the EPA to stand strong and 

affirm your objections to these and any other 

pollution permits that do not comply with the 

Clean Water Act. 

In saying this, I speak as an individual, but 

I also speak on behalf of Kentuckians for the 

Commonwealth, the Grassroots Social Justice 
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Organization with more than 7,500 members across 

Kentucky. Although, our members are statewide, 

KFTC's roots are in the eastern Kentucky 

mountains. We've worked there for 31 years trying 

to achieve the full and fair enforcement of laws 

designed to protect the health and safety of mine 

workers and mountain communities. 

We believe that right now, today, Kentuckians 

have our best opportunity and the most pressing 

need to begin a transition to a healthier and more 

sustainable, more diverse economy. Such a 

transition will not be easy, but the world is 

changing, and we must change. There's no way 

"business is usual" can be maintained. All 

Kentuckians share some important values that they 

can bring to this transition effort. We all want 

access to good safe jobs and support our families. 

And as a necessary condition for such jobs, we all 

need access to clean drinking water and to a 

healthy environment. 

Unfortunately, safe water and a healthy 

environment are not now available everywhere in 

the mountains. To give just two of what could be 

many examples. Less than 18 percent of the Big 

Sandy River watershed could support -- 
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MS. MacPHERSON: Oh, sorry. I'm sorry. 

Again, please submit those examples in writing 

because we do want to get all of those comments. 

I'm sorry, yeah. Like I said, two minutes 

(Applause) isn't a lot of time. Okay. Next 

speaker, please go ahead. 

SPEAKER NO. 115: My name -- my name is Greg 

Capillo, G-r-e-g, Capillo, C-a-p-i-l-l-o. And I 

just want to say two things. One, human beings 

don't defecate selenium and heavy metals on their 

own naturally. So this idea that straight piping 

and -- and while that definitely needs to be 

fixed, and everybody in Kentucky deserves clean 

water, and everybody should be, you know, drinking 

from city water and city purified water, the heavy 

metals that's -- that are present there are not 

biologically caused. And everybody in this room 

knows that. And I think that's one of the 

frustrating things about this discussion, is that 

there's one side that uses facts and statistics 

and science, and there's another side that uses 

fear and hate and negative emotions to drive folks 

out. 

The other fact of the matter is, is that 

coal -- coal mining in eastern Kentucky has been 
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going on for a long time, and it's going to end 

soon because coal is a finite resource. According 

to the 2000 United States Geological Survey, we're 

not going to be mining coal past 30 years in 

Central Appalachia, period. That's true. That's 

scientific fact. And we're not going to figure 

out what's going to happen next when we're not 

being intellectually honest in our discussions 

about the issues. Thank you very much. 

MS. MacPHERSON: Thank you. (Applause). 

Okay. Next speaker.

SPEAKER NO. 94: My name's Don Becher, 

B-e-c-h-e-r. I'm from the Covington, Kentucky 

area. I'd like to think of myself as a fly 

fisherman. A few years back I traveled eastern 

Kentucky a lot for my job. On one trip to the 

Pikeville area, I brought my fly rod along. A guy 

I was dealing with from my work and I were talking 

near a likely looking stream, and I asked him what 

I might expect to pull out of there if I wet a 

line. He said, "Nothing." He said the runoff 

from the mines upstream had pretty much killed 

everything. I had hope, however, because I'm old 

enough to recall articles about Cleveland's 

Cuyahoga River being so polluted it caught on 
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fire, and hearing Erie was once basically a dead 

lake. However, after the Clean Water Act of 1972 

and after industry raised hell, things began to 

improve, and now I fish up in northern Ohio for 

steel heads running out of Lake Erie. 

I assumed the EPA would catch hell today, 

with the mining companies scaring their employees 

and actually busing folk in. I understand the 

miners' concerns because jobs are tight. 

But as I understand it, what the EPA wants 

the state to do is merely ensure that mining 

companies have plans in place to assure that 

things like toxins and silt don't find their way 

into streams in dangerous levels. Kentucky 

political apparatus is beholden to those mining 

companies, and, quite frankly, can't always be 

expected to have the intestinal fortitude to do 

the right thing. 

Just last week, certain citizens of 

Harless [ph], near Pikeville, had to file a 

lawsuit against the state because of flooding 

damage from a runoff caused by a mining company 

failing to reclaim its mining operations in a 

timely manner, with the state allowing that 

company to continue mining on an expired permit. 
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I, therefore, appeal to the EPA, which, hopefully, 

is not so directly influenced by the coal 

operators' campaign contributions and power in 

this state, to do the right thing and require that 

the states have adequate water quality standards 

that must be met with respect to these 36 permits. 

Thank you. 

MS. MacPHERSON: Thank you. (Applause). 

Okay. It looks like we've got -- could I ask 

the -- the last two speakers over there to maybe 

move over here (indicating). Oh, there's another 

one, too. Yeah, maybe just have two, just so it's 

a little balanced. Could you just move behind 

this microphone. That would be great. Just two 

of you, just to even it out. And are you a 

speaker, too? 

PUBLIC SPEAKER: Yes.

MS. MacPHERSON: Okay. Great. Any other 

speakers for tonight? Okay. Just trying to get a 

sense. Thank you. Go ahead. 

SPEAKER NO. 117: Hi. My name is Felix 

Woods. I would like to thank -- thank you for the 

opportunity to speak tonight. I am a native 

Kentuckian. I currently live in London, Kentucky, 

the 5th District. Until December of last year, I 
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lived in Clay County on a 64-acre farm. One 

afternoon I was sitting on my front porch on the 

swing watching the water flow by in Bullskin 

Creek, it turned gray. And it was a clear sunny 

day. There was no reason for this spring to be -- 

to be muddy. One of my neighbors stopped and 

asked me what it was, and neither of us knew, but 

we decided to follow it to its source. The source 

was a mine at my niece and her husband had on 

their property. And the people I spoke with acted 

like it was, you know, just common, and I 

shouldn't be concerned about it. 

I called the state the next day. A few days 

later, the mine was shutdown and fined. A few 

days later, they opened back up, and that process 

continued several times. They released the sludge 

again and again and again. I had horses and other 

animals on the farm that I could not water from 

the streams anymore. And I had a conversation 

with my niece that owned the property, and she 

said she was told by the miners that it was 

cheaper for them to release the sludge, pay the 

fine, and continue, instead of building the 

retaining ponds. 

I ended up leaving the farm. I tried 
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watering it from the city water, curing the water, 

and it was just too difficult for me to do. And I 

ended up moving to downtown London. It was heart 

breaking. And some of the other impacts were the 

roads were destroyed by the trucks. I have 

several family members that work in the mines. I 

have several family members that own property that 

are being mined. And I support mining, in the 

sense that I know that people need jobs, but I -- 

there needs to be some kind of controls. I walked 

out into the stream three days after that initial 

release, and the bottom was covered with this gray 

slime that was just really slick, and it just 

destroyed my life and -- 

MS. MacPHERSON: Yeah. Thank -- thank you 

for that -- 

SPEAKER NO. 117: Thank you.

MS. MacPHERSON: -- for that comment. Thank 

you. (Applause). Okay. Next speaker. 

SPEAKER NO. 96: For the record, I was 

registered as speaker number 96.

MS. MacPHERSON: Oh.

SPEAKER NO. 96: I'm Robert Padgett, 

P-a-d-g-e-t-t. And the comments are directed, 

luckily, because there's not many folks left 
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except these hard-working EPA folks, to the EPA 

itself. I'm a -- have a degree in biology, I have 

registered professor jobs that's in the state, and 

I'm a 27-year retiree from the Environmental 

Protection Cabinet. Nine years of abandoned mine 

lands, nine years with superfund, nine years with 

sanitary and fly ash landfill permitting.

The reason that I support that your-all's 

objections to the permit and permits and -- and I 

encourage you to stick with it and toe the line, 

is the -- the -- ad -- while there are many people 

working for the Cabinet who are my good friends 

and want to do a good job, the chance of them 

doing a good job and coming to fruition is about 

as much chance as a blackside darter has below a 

coal landfall [ph]. It's not going to happen. 

The political influences and the things that go on 

in the Cabinet prohibit us from being able to be 

innovative, to be able to work together on things. 

You must toe the line and do the things in front 

of you.

From the first day to the last day of my 

employment, I watched political influence, graft 

corruption, kickbacks, sweet-cut deals. Many 

times failing to get any compliance from this 
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Cabinet, I ended up having to blow the whistle on 

them, the different federal agencies and 

enforcement agencies. For all of that, I ended up 

my last two years sitting in a cubicle entering 

data into a computer. No longer was able to be a 

supervisor after 20 years as a supervisor, no 

longer even able to discuss the technicalities of 

permits with anyone on staff. They are a vicious 

bunch if you turn against them. 

So I encourage you to stay in the line, toe 

it. They will not be able to come through. The 

influence is amazing on the worker level. So many 

good ideas, so many people wanting to do good 

things in the Cabinet, but the upper echelons will 

just not let it happen. So I encourage you to 

stay the line, don't go soft on them, don't think 

that this has been -- maybe we ought to think 

twice about it. It's a good agency. It's a good 

people, but the Agency itself somewhat stinks. 

Thank you all. And bless you for staying this 

long. You've been really well.

(Applause)

MS. MacPHERSON: Thank you for coming to 

speak. Okay. Next speaker. 

SPEAKER NO. 114: Hi. My name -- oh, sorry. 
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My name is Beth Bissmeyer. That's 

B-i-s-s-m-e-y-e-r. And I'm a member of 

Kentuckians of -- for the Commonwealth from 

Louisville. And I've lived in Kentucky all my 

life. I'm here tonight to stand with my friends 

in eastern Kentucky whose health and welfare is 

jeopardized daily by polluted air and polluted 

water from surface mining. Multiple studies have 

shown that people living in mining communities 

suffer higher rates of cancer, heart, lung, and 

kidney disease compared to people living in nearby 

nonmining communities. We need to stop 

sacrificing our land, water, and our people to the 

devastations of surface coal mining. It is long 

past due for just economic transition for workers 

and communities in coal mining areas. 

We keep seeing shirts and bumper stickers 

that say, "Coal keeps the lights on," but it won't 

for much longer, and that's through no fault of 

the EPA. It's called fossil fuels for a reason. 

Coal will not be here forever, but the devastation 

that has resulted from mountaintop removal mining 

will have long-lasting negative impacts on our 

communities. 

I want to thank the EPA for objecting to 
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these permits and for holding this hearing to 

allow citizens to share our concerns. Our own 

governor has urged the EPA to get off our backs 

when referring to regulations. But I thank you 

for watching the backs of all Kentuckians who want 

clean water and a safe healthy environment for our 

children. Please stand strong. Thank you.

(Applause) 

MS. MacPHERSON: Thank you. Okay. Next 

speaker. 

SPEAKER NO. 100: My name is Megan Naseman. 

And the last name is spelled N-a-s-e-m-a-n. In 

2010, a group of young people from across the 

state gathered to meet with Governor Beshear's 

Administration regarding Kentucky's energy 

policies. Myles was one of those young people, so 

you know it was a good crowd. I was very struck 

by the courage of one young person from Pike 

County who was five at the time, she talked about 

what it was like to be a five-year-old living near 

active mine sites. She spoke truth to power about 

what it's like to live with the dust from coal 

trucks on her road and how scary the loud 

explosions in her neighborhood are.

The part of her comments that was most moving 
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to me was her holding up a bottle of her tap 

water, which was tested to contain 130 times the 

legal limit of arsonic from mining activities. 

She asked if any of the officials would drink this 

water. Of course, no one said they would. The 

response of that group of Kentucky politicians and 

officials is, unfortunately, consistent with the 

administrative stance on the Clean Water Act. 

When the Kentucky Energy and Environment 

Cabinet fights citizen participation in Clean 

Water Act lawsuits, when state officials literally 

say to children, "No, I won't drink that water 

either," and yet continue to do business as usual, 

when we know that people living near mountaintop 

removal are at a higher risk for cancer and other 

chronic health diseases, yet such pollution 

continues to be sanctioned by this state, it is 

clear that we are in desperate need of the EPA 

upholding citizens' rights to clean water. 

Kentucky's youth have the courage to stand up for 

clean water. For the health of the people of this 

region, I urge the EPA to join them. Thank you. 

MS. MacPHERSON: Thank you. (Applause). 

Okay. Next speaker. 

SPEAKER NO. 116: Hello. My name is Curtis 
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Morrison, C-u-r-t-i-s, Morrison. First, I want to 

thank the EPA for being here and thank the EPA for 

all their great work in Kentucky. I'm a Kentucky 

Democrat, yet my governor, Steve Beshear, does not 

speak for me. I am very grateful to the EPA, very 

grateful to President Obama for doing what's best 

and holding coal miners accountable. And, also, 

sorry about the blue shirt. I didn't get the 

memo. That's all. (Audience members respond).

(Applause)

MS. MacPHERSON: Thank you for your comment. 

Okay. Next speaker. 

SPEAKER NO. 110: My name is Samantha Cole, 

C-o-l-e. And I'm currently living in Madison 

County, but my hometown is in Beattyville, 

Kentucky, in Lee County, Kentucky. I'd like to 

share with you three stories. The first is pretty 

short. My great papaw Ed died in part due to 

complications of black lung disease. The second 

story is a bit longer. My papaw Clyde, once 

needing a job to feed five children, worked a 

single day in a deep shaft mine. He could do the 

work even though they had crammed him into a part 

of the seam where he had to lay on his side and 

dig coal with one arm. It wasn't for him, so he 
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threw down his hat and quit. Both these men are 

heroes. Ed was a hero because he gave his life 

for coal, and Clyde was a hero because he stood up 

to the boss man. I'm here for both. 

I have one more story to tell. A few years 

ago I was in Santa Fe for a gathering of rural 

youth. My roommate, Julia, was from Texas. 

During the first few hours I saw her go to the 

sink and get a glass of water. I watched 

horrified as she drank it. Surely, no one drank 

tap water. But she did because she wasn't from 

Beattyville. There, we don't drink the city water 

because of what's in it, not just chemicals meant 

to treat it, but pollution. Pollution, that also 

means we can't swim in the river or eat fish from 

the river. And although there are other sources 

of pollution, the coal industry is one of the main 

ones. It affects all of us. 

My parents buy water to drink, but they still 

bathe in and cook with the tap water. The school 

children, the patients in the nursing home, and 

countless others are exposed to pollution. It's 

that same cycle all over again. People's lives 

for money. Remember Ed. 

Now, here's where I go into the Clyde. Each 
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time a permit is issued that allows pollution in 

Kentucky River, the Beshear Administration is 

killing citizens. The Administration is murdering 

Kentuckians. 

To say, thus, we need the EPA to stand strong 

and reinforce the Clean Water Act. We need the 

EPA to take over all Clean Water Act permitting 

and enforcement. Someday, I'd like future 

generations to be able to drink the water in 

Beattyville and to be able to swim and fish. 

Thank you.

(Applause) 

MS. MacPHERSON: Thank you. Thank you. 

Okay. Next speaker. 

PUBLIC SPEAKER: I'm Dave -- I'm Dave Cooper 

from Lexington. I want to raise a point. I 

don't -- I don't think it's been mentioned yet 

tonight, about why we do need the EPA and why we 

really can't count on our state government to deal 

with these water quality issues. You know, heavy 

metals are very difficult to remove from drinking 

water. And people seem to have this faith in 

technology that the water treatment plants can 

just do this magic, and no matter what comes down 

the river the water treatment plant will be able 
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to filter it out and everything will be fine. 

I'd like to mention something that's happened 

in the community of Whitesburg in Letcher County, 

Kentucky, over the last three years. It's a 

wonderful little town in the mountains. It's a 

beautiful place to visit. They have beautiful 

mountains. They -- they do have strip mining, but 

they have a problem with their drinking water. 

And the problem is, oil spills in the drinking 

water. There was a company that spilled oil, 

diesel fuel, actually, in the -- into the drinking 

water in October of 2008, and, again, the same 

company in February of 2009. And the company 

agreed to pay a $500,000 settlement, and they were 

instructed to install -- the local water treatment 

operation was instructed to install an upgraded 

carbon filtration system. Then there was another 

spill in February of 2011, and it got into 

people's tap water. People were turning on their 

taps and they could smell the petroleum in their 

tap water in Whitesburg after they had supposedly 

taken these corrective measures. 

So I don't feel like we can really rely on 

the local water treatment plants or our state 

government to -- to handle these problems. We 
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have to rely on the federal government. That's 

why I'm really glad the EPA is here. Thank you.

(Applause) 

MS. MacPHERSON: Thank you. Are you our last 

speaker?

PUBLIC SPEAKER: I am the last.

MS. MacPHERSON: Pressure. Okay. 

PUBLIC SPEAKER: I know. I apologize.

MS. MacPHERSON: No.

PUBLIC SPEAKER: Well, you certainly can look 

around and see who still cares at the end of the 

night. (Applause). My name is Alex Desha. I'm a 

Sierra Club member. I live in Whitesburg, 

Kentucky. And as Dave said before me, I cannot 

drink the water. 

You can walk by just about any holler with a 

surface mine and see poison water in dead streams. 

We are here today because the state has failed us. 

The Beshear Administration does not seem to care 

about people or water. They seem more concerned 

about the bottom line, of wealthy coal CEO's who 

pay themselves $6 million a year, fly around in 

their private helicopters, and vacation in their 

separate -- in their second homes. They do all 

this while they layoff real people. 
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They, like the Beshear Administration, do not 

care about people. Are they concerned about jobs? 

No. It's a ploy. So they certainly don't care 

about clean water and public health. They want 

you, the EPA, to lift your objections or to water 

them down so much that they do not matter. These 

hearings are designed to intimidate. Well, these 

are the facts surrounding dangerous surface mining 

practices here in Kentucky. 

Those living near destruction suffered rates 

of cancer 50 percent higher than the surrounding 

population. They are 42 percent more likely to 

have children with birth defects. In some 

counties, their life expectancy has been decreased 

by over a year. The fact of the matter is, is 

that water quality is a good indicator of human 

health. If we have poor water quality, we have 

unhealthy communities. 

The Beshear Administration does not seem up 

to the task. The Kentucky Department of Water 

does not seem up to the task to protect our water 

or our health. It is time for a transition.

I urge the EPA to hold the line, to reaffirm 

your objections, and do not listen to the fear 

being peddled by the coal industry. I urge you to 
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go a step further and revoke the state's authority 

to issue these water permits. Thank you.

(Applause) 

MS. MacPHERSON: Thank you. And if there are 

no more public comments, I'd like to turn it back 

over to Jim Giattina for closing remarks. Jim. 

MR. GIATTINA: Thank you, again, Charlie. 

I -- I really want to express my appreciation to 

everyone who turned out and those of you who are 

here sticking it out to the very end. We very 

much appreciate your patience and your 

participation. 

The comments that we have received this 

evening, all the oral comments will be 

transcribed, all the written comments that we've 

received will be very seriously considered and 

evaluated by my Agency as we make the final 

determination regarding the permit objections. 

After we consider the administrative record, the 

requirements of the Clean Water Act and its 

regulations, the EPA regional administrator will 

make a determination concerning the objections. 

And, as I said, at the outset, we'll be notifying 

Kentucky DOW, the Cabinet, the districts, and all 

the persons having -- that have provided written 
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comments or oral statements, if a mailing address 

was provided to us. Additional information, 

again, regarding these procedures are available. 

You can contact Mr. Chris Thomas sitting to my 

right. 

And, again, I thank you for your 

participation. If you have any other questions or 

comments, you can always reach EPA through our 

website, or at our Region 4 public information 

number, which I think is on the slide behind me. 

So, at this time, I will adjourn this 

hearing. Thank you again.

(Applause)

(Public hearing concluded at 10:20 p.m.)
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REPORTER'S CERTIFICATE

STATE OF KENTUCKY )

COUNTY OF FAYETTE )

 

I, DENISE Y. VASQUEZ, RPR, KyCCR, and Notary 

Public in and for the Commonwealth of Kentucky at 

Large, do hereby certify that the facts as stated by 

me in the caption hereto are true; that the foregoing 

proceedings as indicated were made before me by the

parties hereinbefore named, and were thereafter 

reduced to computer-aided transcription by me and 

under my supervision; and that the same is a true and 

accurate transcript of the proceedings to the best of 

my ability.

 I further certify that I am not employed by, 

related to, nor of counsel for any of the parties 

herein, nor otherwise interested in the outcome of 

this action.

 IN WITNESS WHEREOF, I have affixed my 

signature and seal this 11th day of JUNE, 2012.

 _______________________________

 DENISE Y. VASQUEZ, RPR, KyCCR

 Notary Public, State-at-Large

 2404 Doubletree Court

 Lexington, Kentucky 40514

 859.533.8961

My Commission Expires: November 26, 2015
$

$1,000 - 130:3, 

130:6

$100 - 112:15

$11 - 72:15

$123 - 90:9

$152 - 73:10

$17.45 - 112:8

$200,000 - 124:18

$207 - 105:20

$22 - 105:24

$3.13 - 112:10

$30 - 112:11

$33 - 72:14

$500,000 - 154:14

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'

'77 - 135:24

'86 - 132:7

'how - 65:8

0

0106682 - 109:23

1

1 - 5:2, 5:3, 21:9, 

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87:21, 128:2

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108:10

1,522 - 8:18

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10-year - 36:3

10.031 - 19:15

100 - 68:11, 93:1, 

93:2, 105:14, 126:21, 

149:11

10:20 - 158:14

10th - 39:12, 41:20

11 - 4:18, 41:17, 

41:18, 48:3, 105:18

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140:7

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125:21

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127:11

120 - 125:14

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122.44 - 18:18, 

19:10

123 - 26:22, 49:16

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13 - 44:20, 44:21, 

97:25

130 - 150:2

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46:16, 100:7

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151 - 135:22

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160 - 47:15

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18 - 54:1, 54:2, 

91:17, 139:24

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186 - 105:24

18th - 35:17

19 - 55:14, 55:21, 

55:22

19,500 - 130:5

1960 - 44:25

1972 - 142:2

1977 - 101:20

1978 - 36:3

1983 - 16:6, 16:24

1990 - 64:18

1st - 47:21, 61:9, 

61:18

2

2 - 23:6, 23:7

2,000 - 51:2, 68:5, 

69:21, 105:19, 

112:19, 117:23

2,500 - 8:7, 135:22

2,700 - 89:8

20 - 4:20, 5:3, 11:3, 

20:2, 38:5, 47:12, 

49:12, 57:19, 57:20, 

61:17, 147:6

200 - 40:4

200,000 - 22:16, 

64:15

2000 - 141:3

2007 - 60:1, 87:2

2008 - 66:22, 154:12

2009 - 8:1, 86:25, 

100:3, 154:13

2010 - 8:17, 11:21, 

16:18, 17:9, 17:14, 

17:17, 32:20, 43:19, 

47:21, 61:10, 61:18, 

62:16, 68:18, 74:16, 

76:19, 87:3, 87:6, 

103:20, 104:2, 

121:14, 149:13

2011 - 65:5, 72:14, 

72:19, 73:9, 90:7, 

90:11, 100:6, 105:14, 

105:17, 121:14, 

154:18

2012 - 1:10, 66:23, 

159:14

2014 - 85:12, 114:19

2015 - 159:21

20th - 106:18

21 - 20:6, 59:3, 59:4, 

121:2, 121:4, 125:1

21st - 9:21

22 - 61:1, 61:2

22-year-old - 34:23

224,000 - 117:24

22nd - 39:17

23 - 63:18, 63:19

23,000 - 94:12

24 - 65:20, 65:21

2404 - 159:19

25 - 16:15, 67:23, 

67:24, 68:6

250 - 23:17

250-gallon - 119:20

26 - 70:1, 70:2, 70:8, 

159:21

27 - 64:20, 71:23, 

71:24

27,000 - 76:15

27-year - 146:4

28 - 8:5, 73:22, 

73:23

29 - 75:18, 75:19, 

75:24

3

3 - 25:2, 25:4

3,000 - 60:2

3,800 - 26:22, 49:16, 

90:8

3.6 - 108:14

30 - 10:14, 20:6, 

34:21, 56:8, 59:12, 

78:8, 78:9, 106:5, 

141:4

30,000 - 28:21

30.5 - 105:25

300 - 66:3, 67:4, 

95:19, 108:1

303(d - 114:3

305(b - 114:2

31 - 63:14, 63:16, 

80:6, 80:7, 139:4

312 - 110:3

32 - 81:21, 81:22

327 - 109:16

33 - 83:14, 83:15

33,000 - 28:19

34 - 84:7, 84:8, 

85:11

35 - 86:18, 86:19, 

88:21

35,000 - 64:13

350 - 80:8

36 - 1:2, 6:5, 8:11, 

9:5, 16:1, 17:5, 21:15, 

22:7, 25:10, 37:4, 

50:10, 69:13, 70:15, 

74:23, 76:4, 76:9, 

78:3, 84:13, 86:13, 

86:23, 89:2, 89:3, 

121:16, 127:2, 

135:21, 136:13, 143:6

367 - 111:2

37 - 87:14, 87:19, 

91:1, 91:2, 121:18

38 - 93:3, 93:4, 93:7

39 - 95:14, 95:15

4

4 - 11:14, 15:11, 

27:11, 27:12, 91:25, 

110:1, 158:9

4(1)(f - 19:15

40 - 16:19, 18:18, 

19:10, 63:14, 63:16, 

97:15, 97:16, 101:8, 

123:2, 123:5, 124:20

40-year-old - 

113:18

401 - 19:14, 85:25

404 - 28:9, 36:22, 

36:24, 48:5, 106:14

405 - 1:16

40514 - 159:19

40601 - 1:17

40th - 74:4, 78:19, 

94:19

41 - 80:4, 98:24

42 - 100:22, 100:24, 

101:1, 103:8, 156:12

43 - 103:10, 103:11, 

132:16

44 - 52:11, 105:2, 

105:3, 105:8

44,000 - 47:17

44th - 52:12

45 - 107:3, 107:4

45th - 43:9

46 - 108:25, 109:1, 

110:9, 110:14, 

110:17, 110:21, 

111:12

46,000 - 41:21, 

41:22

47 - 113:3, 113:4, 

115:8

48 - 115:11, 115:12

49 - 117:13

4th - 36:11, 37:11, 

38:23

5

5 - 1:10, 29:14, 

29:15

5,000 - 74:2, 76:2

5,900 - 105:23

50 - 42:24, 80:4, 

156:11

51 - 45:6

55th - 48:15

56 - 135:8

5th - 143:25

6

6 - 31:16, 31:17, 

100:5, 155:22

6,200 - 63:24

6.75 - 133:4

60 - 68:6

600 - 72:12, 72:23

64 - 129:25

64-acre - 144:1

65 - 108:10

69.4 - 106:1

6th - 93:9

7

7 - 1:10, 33:15, 

33:16, 72:18, 109:14, 

124:20

7,000 - 94:17

7,500 - 139:1

70,000 - 49:17, 

108:11

700 - 113:7

725 - 108:3

75 - 60:11

750,000 - 133:2

78 - 130:4

8

8 - 35:10, 35:15, 

35:16, 94:20, 128:2, 

128:5

8.7 - 112:7

800 - 88:11

81 - 93:1, 117:14, 

117:16, 117:17, 

117:18, 117:19

82 - 119:12, 119:13, 

119:15

83 - 121:8, 121:9

84 - 117:15, 123:10, 

123:11, 125:8

84th - 46:17

859.533.8961 - 

159:20

86 - 127:22

87 - 8:4, 60:10

88 - 131:15, 133:7

89 - 125:19

8970287 - 109:14

 SWORN TESTIMONY, PLLC

2404 Doubletree Court, Lexington, Kentucky 40514

(859) 533-8961

1

8970448 - 86:22

8975061 - 110:1

8978039 - 110:24

8th - 104:2

9

9 - 37:9, 37:10

90 - 135:16, 136:24

900 - 64:22

91 - 129:20

92 - 110:2, 138:13

94 - 45:5, 141:12

96 - 145:20, 145:21, 

145:23

97 - 133:11

A

abandoned - 51:15, 

62:20, 146:5

abandonment - 

130:22

ability - 44:2, 50:5, 

102:13, 159:9

abject - 99:17

able - 10:11, 20:24, 

72:8, 79:5, 79:6, 

146:18, 146:19, 

147:5, 147:7, 147:11, 

153:9, 153:10, 153:25

absent - 29:8

absolutely - 94:23, 

127:25, 128:14

abundant - 25:16, 

39:23, 118:3

abuses - 130:21

abusing - 46:4

academia - 116:13

acceptance - 124:2

accepted - 12:23, 

87:9

accepting - 9:22

access - 65:3, 95:1, 

139:17, 139:19

accomplished - 

63:2, 101:8

accordance - 12:18, 

13:7, 18:12, 75:14, 

85:18, 91:14

according - 47:5, 

128:1

According - 59:25, 

141:2

Accordingly - 

111:19

account - 29:18

accountable - 

36:16, 42:11, 43:4, 

151:7

accurate - 99:11, 

159:8

achieve - 116:20, 

139:5

achieved - 18:2, 

40:8, 74:6

acid - 104:10

acknowledged - 

66:14

acquired - 89:23, 

124:6

acres - 87:14, 

87:19, 109:15, 

109:16, 110:2, 110:3, 

111:2, 111:3

act - 44:9, 97:3

Act - 7:14, 7:19, 

11:16, 13:12, 31:25, 

43:16, 43:17, 44:8, 

44:9, 45:22, 49:11, 
53:18, 61:23, 62:14, 

74:5, 75:4, 78:4, 

78:18, 84:19, 85:18, 

86:9, 86:10, 89:12, 

91:12, 93:18, 101:20, 

101:25, 103:17, 

113:18, 114:10, 

118:16, 118:23, 

126:13, 126:17, 

131:19, 135:23, 

138:22, 142:2, 150:8, 

150:11, 153:6, 153:7, 

157:20

acted - 45:23, 

106:13, 144:10

acting - 30:16, 

78:17, 134:22

Action - 124:11, 

125:3

action - 36:18, 

87:10, 124:12, 159:12

actions - 15:19, 

32:6, 32:12, 33:20, 

34:17, 35:1, 35:7, 

59:13, 74:8, 89:11, 

93:25, 98:6, 118:12, 

118:25

active - 112:3, 

135:3, 135:4, 149:21

actively - 94:25

activities - 12:15, 

12:18, 37:23, 61:13, 

66:12, 67:6, 68:25, 

89:13, 89:17, 94:2, 

106:4, 111:1, 111:22, 

112:2, 118:10, 150:3

activity - 12:16, 

70:23, 109:15, 

109:17, 109:19, 110:2

acts - 97:3

actual - 72:11

ad - 146:11

adapt - 116:12

adaptive - 6:21

add - 74:17, 87:14, 

109:15, 110:2

addition - 12:21, 

17:10, 19:6, 19:10, 

59:18, 133:2

Additional - 158:2

additional - 7:8, 

19:22, 89:23, 90:17, 

94:13, 97:10, 111:3

Additionally - 8:6, 

64:14

address - 10:7, 

10:15, 17:20, 19:12, 

158:1

addressed - 111:23

addressing - 6:12, 

19:5, 19:6, 115:17

adequate - 87:4, 

114:6, 143:5

adhere - 3:8, 85:17

adhered - 49:10

adhering - 35:11

adjourn - 158:11

adjust - 61:21, 

124:14

administer - 16:5, 

62:1

Administration - 

13:18, 21:23, 22:23, 

24:15, 29:21, 30:21, 

32:12, 35:3, 77:21, 

87:25, 88:1, 94:6, 

94:8, 95:4, 149:15, 

153:2, 153:3, 155:19, 

156:1, 156:19

administration - 

94:24

Administration's - 

22:5, 22:9, 28:2, 

30:20

administration's - 

95:7

administrative - 

3:24, 15:9, 89:1, 90:5, 

93:14, 93:15, 150:8, 

157:19

Administrative - 

45:22, 91:12, 93:17

administrator - 

5:15, 10:2, 157:21

Administrator - 

27:21, 30:13, 66:14

administrators - 

36:18

adopted - 91:14, 

130:1

adult - 137:11, 

137:16

advancement - 

124:16

adversaries - 

104:24

advisory - 26:5

advocate - 113:9, 

113:10

advocates - 113:6, 

124:1

aerial - 104:3

Affairs - 89:5, 105:9

affect - 9:3, 53:9, 

68:25

affected - 54:15, 

91:8

affects - 51:3, 

134:4, 152:18

affirm - 78:2, 138:20

affixed - 159:13

afford - 61:5

affordable - 30:5, 

39:24, 49:4, 95:1

afraid - 34:20

afternoon - 144:2

age - 35:24, 36:2

agencies - 45:9, 

53:3, 84:17, 84:23, 

92:9, 99:18, 106:9, 

106:23, 147:2, 147:3

Agency - 1:1, 16:12, 

22:24, 26:3, 27:3, 

27:19, 31:22, 32:7, 

32:9, 32:13, 49:6, 

53:19, 74:8, 74:12, 

75:11, 89:21, 92:2, 

147:19, 157:17

agency - 50:7, 

147:18

Agency's - 5:14, 

21:15, 25:19, 27:22, 

65:8, 91:22

Agenda - 125:1

agenda - 3:19, 3:20, 

22:5, 23:2, 50:7

agendas - 29:8

aggregate - 49:1

ago - 8:23, 16:15, 

25:9, 47:2, 70:12, 

78:16, 119:25, 

137:11, 152:6

agree - 44:12, 

102:24, 116:6

agreed - 154:14

agreement - 10:16, 

10:20, 15:14, 15:15, 

92:3, 103:16, 107:18

agricultural - 60:2, 

70:23

agriculture - 67:7, 

69:3, 115:25, 116:3

ahead - 63:16, 85:9, 

111:8, 129:19, 

131:14, 133:10, 

135:15, 137:1, 138:7, 

140:6, 143:20

aided - 159:7

ain't - 43:20

air - 12:6, 42:22, 

45:19, 49:21, 56:5, 

58:12, 80:14, 80:19, 

80:23, 82:8, 116:7, 

126:1, 126:15, 

126:24, 130:14, 148:7

Air - 43:16, 44:9

Ak - 63:21, 63:23, 

64:2

Alaska - 42:15

Alex - 155:12

all's - 146:8

Alliance - 113:6

allow - 15:2, 31:25, 

32:18, 44:14, 44:15, 

44:17, 54:6, 61:21, 

69:14, 69:16, 90:22, 

127:7, 136:12, 149:2

allowed - 8:7, 15:5, 

33:2, 33:3, 66:18, 

114:11, 118:6, 137:6

Allowing - 126:11

allowing - 63:3, 

88:2, 105:4, 142:24

allows - 36:24, 

153:1

almost - 34:21, 

87:11, 101:7, 122:9

alone - 90:7, 137:15

Alpha - 105:9, 

105:12

aluminum - 34:1, 

54:21, 54:22, 104:13

amazed - 122:6

amazing - 125:6, 

130:5, 147:12

amazingly - 126:3

ambulances - 58:8

ambush - 68:15

amend - 33:3

Amendment - 

110:1, 123:14, 

123:18, 124:9, 

128:12, 128:16

amendment - 

87:14, 109:14, 110:1

America - 42:19, 

60:22, 73:20, 98:5, 

128:25

America's - 50:9

American - 22:12, 

30:15, 72:18, 78:14, 

95:1

Americans - 23:15, 

69:15

amount - 64:19, 

130:5

amounts - 49:3, 

91:21, 104:11

analysis - 12:24, 

18:7, 18:14, 74:25, 

122:14, 122:17

Ancient - 24:9

Anderson - 48:16

Andy - 93:8

angry - 92:21

animals - 96:17, 

144:18

anniversary - 36:4, 

74:4, 78:19

announced - 61:10, 

72:19, 100:4

annual - 72:14

annually - 64:11, 

64:15

answer - 66:19, 

67:8

anti - 23:2, 90:14

anti-coal - 23:2, 

90:14

anxiously - 106:16

apologize - 155:8

Appalachia - 

101:10, 102:4, 

102:10, 106:15, 

116:19, 117:5, 132:4, 

141:5

Appalachian - 14:5, 

27:20, 66:17, 79:10, 

99:1, 99:2, 100:1, 

100:5, 101:6, 102:17, 

102:18, 103:18, 

106:11, 125:25

apparatus - 142:15

appeal - 143:1

applaud - 121:12, 

121:14

Applause - 15:20, 

19:24, 23:3, 23:10, 

23:23, 24:14, 24:19, 

24:21, 27:5, 28:11, 

28:24, 29:13, 31:14, 

31:23, 32:13, 32:19, 

33:13, 35:8, 37:7, 

39:6, 41:15, 41:24, 

42:3, 42:6, 42:12, 

43:5, 43:14, 43:19, 

43:21, 44:6, 44:18, 

45:16, 46:13, 46:22, 

47:6, 47:13, 48:8, 

48:11, 50:12, 50:16, 

52:6, 53:2, 53:24, 

55:12, 57:17, 59:1, 

60:18, 60:24, 61:4, 

63:11, 65:18, 67:13, 

69:24, 70:6, 71:21, 

72:1, 73:21, 75:16, 

78:6, 79:3, 80:1, 80:9, 

80:14, 81:5, 81:19, 

83:12, 84:5, 86:16, 

86:20, 88:12, 88:22, 

90:24, 91:6, 92:20, 

92:23, 93:9, 93:10, 

95:12, 97:12, 98:22, 

100:20, 103:9, 105:1, 

107:2, 108:23, 113:1, 

115:9, 117:11, 

119:10, 121:6, 123:8, 

123:10, 127:19, 

129:13, 129:18, 

131:13, 133:8, 

135:13, 137:1, 

138:11, 140:5, 

141:10, 143:8, 

145:19, 147:22, 

149:8, 150:23, 

151:10, 153:12, 

155:3, 155:12, 157:3, 

158:13

applause - 3:2

applicable - 17:11

applicants - 10:6

application - 11:22, 

15:9, 18:17, 25:15, 

66:4, 86:24

applications - 13:6, 

32:18, 38:8, 61:22, 

111:17

applied - 14:4, 29:2, 

29:7, 62:25, 67:5, 

102:16, 116:18

 SWORN TESTIMONY, PLLC

2404 Doubletree Court, Lexington, Kentucky 40514

(859) 533-8961

2

applies - 131:19

apply - 17:12, 28:7, 

61:11, 134:1

appreciate - 2:3, 

15:10, 24:25, 35:11, 

35:14, 55:10, 73:17, 

85:8, 109:4, 125:15, 

157:11

appreciated - 3:2, 

49:2, 58:19

appreciation - 

131:17, 157:8

appro - 87:5

approach - 13:19, 

65:8

approaches - 7:6

appropriate - 6:10, 

7:7, 14:21, 87:5, 

89:21

approved - 16:21, 

18:16, 25:10, 28:9, 

38:3, 61:16, 62:9, 

90:4, 118:21, 124:19

April - 16:18, 17:9, 

17:13, 17:17, 32:20, 

32:21, 47:21, 61:9, 

61:18, 68:17, 103:20, 

106:17, 111:23

aquatic - 9:1, 9:8, 

68:25, 77:7, 104:11

arbitrary - 11:22, 

12:12, 36:20, 45:25

Arch - 86:20, 88:10, 

134:6

area - 3:14, 35:6, 

52:13, 67:18, 70:23, 

80:5, 85:6, 110:25, 

116:23, 121:5, 

141:14, 141:17

areas - 45:19, 

49:21, 53:16, 113:25, 

117:10, 126:20, 

148:16

arm - 151:25

arrive - 15:12

arrogant - 62:3

arsonic - 79:3, 

120:3, 120:23, 150:3

Article - 128:2

articles - 141:24

ash - 31:4, 52:15, 

52:16, 52:20, 52:22, 

52:23, 53:5, 146:7

ashamed - 136:16

Ashland - 64:2, 

64:7, 64:9, 64:14, 

64:22, 65:1, 65:2

aspect - 124:4

asphalt - 52:17

assault - 22:9

Assembly - 52:12

assembly - 97:6

assess - 71:3

assessment - 19:4, 

19:11, 87:21

assessments - 

121:25

associated - 16:2, 

131:19, 132:17

Associated - 1:2

Associates - 91:4

Association - 61:4, 

117:22

association - 89:7, 

117:23

assumed - 142:6

assure - 142:12

assured - 12:22, 

15:13

asteria - 122:7, 
123:6

asthma - 80:19

Atlanta - 5:14, 10:2

atmosphere - 80:21

attached - 121:25

attack - 42:5, 69:9, 

106:7

attacking - 30:14, 

30:21

Attacking - 22:18

attacks - 31:9

attainable - 116:9

attempting - 31:4, 

45:14

attempts - 103:23

attend - 21:17, 

29:18

attending - 124:8

attention - 69:23, 

98:13, 122:21

attorney - 93:11, 

93:19, 121:10

attract - 44:2

attracting - 30:7

attractive - 30:2

auction - 97:25

Audience - 23:25, 

24:17, 24:24, 26:18, 

27:2, 27:23, 28:1, 

28:3, 30:10, 36:17, 

36:21, 42:1, 42:19, 

42:23, 43:2, 56:24, 

57:4, 57:7, 60:8, 

68:16, 70:4, 72:9, 

75:20, 78:4, 79:24, 

80:17, 81:4, 81:10, 

81:16, 83:9, 83:11, 

84:22, 85:6, 85:7, 

86:15, 88:10, 88:16, 

88:17, 112:20, 

125:24, 127:19, 

128:1, 129:13, 

133:15, 151:9

auger - 34:25

August - 8:1, 65:5, 

86:25, 112:3

author - 130:20

authorities - 33:8

authority - 8:9, 

16:5, 26:9, 27:25, 

36:19, 45:12, 45:14, 

74:20, 75:13, 86:8, 

113:17, 118:20, 

128:14, 157:1

Authority's - 45:2

authorization - 8:16

authorize - 109:12, 

109:24, 110:22

authorized - 

109:16, 110:3, 111:2, 

111:4, 111:24

automobile - 34:2

automotive - 29:25

availability - 64:6

available - 4:1, 

18:19, 39:23, 65:3, 

118:2, 139:22, 158:3

Average - 73:10

average - 45:8

Avery - 80:7

await - 106:16

aware - 16:12, 58:5, 

77:22

awful - 43:24

awry - 82:18

B

Babe - 57:12

bachelors - 101:3

backbone - 40:3

backdoor - 22:13

background - 7:9, 

29:23

backs - 149:3, 

149:5

backwards - 51:7

bad - 58:21, 60:17, 

91:17, 91:23, 92:2

balance - 40:13, 

50:24, 104:22

balanced - 51:9, 

143:13

balances - 129:4

Baltimore - 70:13

Bamberger - 

103:11, 103:12

bankrupt - 24:5

banks - 52:20

bar - 23:6

Barr - 93:8

Barry - 63:19

barter - 51:10, 

51:11

base - 122:4

Based - 49:15

based - 8:1, 9:5, 

12:23, 14:6, 103:1, 

103:5, 106:19, 132:24

basic - 7:15, 103:1, 

115:24

basing - 26:4

basis - 12:13, 

101:16

bathe - 152:20

bats - 103:25

battleground - 

24:10, 24:12, 58:21

battles - 131:3

Beattyville - 151:15, 

152:12, 153:10

beautiful - 125:25, 

154:6

became - 51:9, 

112:2, 124:2

Becher - 141:12, 

141:13

become - 40:7

becoming - 77:11

began - 136:8, 

142:3

begin - 131:17, 

139:10

beginning - 6:16, 

6:23, 64:5

behalf - 11:13, 25:5, 

29:9, 38:25, 73:25, 

91:6, 113:7, 117:21, 

122:3, 138:24

behavior - 27:22

behaviors - 124:16

behind - 20:3, 20:5, 

44:7, 44:8, 143:13, 

158:10

beholden - 142:15

beholder - 60:10

beings - 93:23, 

140:9

believes - 113:22

Bell - 59:6, 137:3

belong - 106:20

belongs - 87:22

beloved - 83:4

Below - 104:6

below - 104:6, 

136:2, 146:15

Ben - 25:5, 41:18

bench - 87:19

benchmark - 14:4

benefit - 49:18, 61:8

benefits - 27:1, 

49:23, 130:13, 130:25

Bennett - 73:23

Berea - 138:15

Beshear - 11:14, 

13:18, 14:15, 71:16, 

77:21, 127:7, 151:4, 

153:2, 155:19, 156:1, 

156:19

Beshear's - 149:14

best - 19:3, 50:5, 

57:25, 94:5, 103:2, 

103:6, 139:9, 151:6, 

159:8

Beth - 148:1

Betsy - 73:23

better - 13:17, 

38:24, 80:17, 119:5, 

129:12, 130:15

between - 40:13, 

40:14, 52:18, 82:16, 

96:21

Beyond - 78:11

Big - 56:7, 56:9, 

76:14, 139:24

big - 79:19

bill - 129:1

Bill - 25:4, 58:24, 

61:2, 133:11

billions - 31:2

bills - 59:23, 108:20

bind - 12:11

binds - 38:21

biodiverse - 84:1, 

126:3

biological - 19:4, 

19:11, 74:10, 130:1

biologically - 

140:17

biologists - 70:12

biology - 6:20, 

146:2

biota - 104:12

birth - 126:19, 

137:18, 137:22, 

156:13

Bissett - 61:2

Bissmeyer - 148:1, 

148:2

bit - 3:10, 36:13, 

36:14, 36:23, 111:11, 

151:20

black - 130:25, 

136:2, 136:3, 151:19

blackside - 146:15

Blankenship - 97:8

blast - 64:16

bleak - 68:15

bless - 73:19, 

147:20

blindly - 21:23

block - 4:21, 11:4, 

20:2, 20:6

blocked - 37:22

blocking - 84:13

blocks - 4:20, 5:2, 

63:14

blow - 38:14, 147:1

Blown - 80:21

blue - 151:8

Blue - 71:25, 72:1, 

72:12, 72:17, 73:8

board - 129:4

Bobby - 34:18

boilers - 56:23

Boldman - 75:24, 

75:25

bologna - 34:10

book - 95:24, 95:25

borders - 82:4, 

135:20

born - 82:2, 116:7, 

137:3

borrow - 128:7

boss - 92:22, 152:4

bottle - 150:1

bottles - 47:5

bottom - 145:12, 

155:21

bountiful - 82:4

Bowling - 29:25, 

73:6

boy - 138:9

Boyce - 138:13, 

138:14

Boyd - 67:25

branch - 5:19

breaking - 68:19, 

145:4

breathe - 126:1, 

126:15, 126:25

Breathitt - 46:22

Brent - 44:21

Brett - 29:17

Brian - 29:15, 109:1, 

109:2

bribe - 96:23

brief - 5:5

briefly - 2:21, 4:3, 

7:8

bring - 19:19, 

41:22, 129:8, 139:16

broad - 130:24

broke - 42:10

broken - 47:4

brothers - 97:2

brought - 21:5, 

123:23, 132:22, 

141:17

brown - 80:23

Brown - 48:19, 

48:22

Bruce - 11:7, 15:22

Budget - 35:21

budget - 50:24, 

51:10

build - 29:3, 88:7

building - 58:8, 

144:23

buildings - 81:4

bulldozers - 60:13

Bullskin - 144:3

bully - 96:15

bumper - 103:24, 

148:17

bunch - 120:14, 

147:9

burden - 24:2, 

97:19

burdensome - 

98:12

bureaucrats - 106:7

burning - 56:6, 

57:8, 81:9

buses - 88:13

Bush - 128:24

business - 12:14, 

22:25, 29:3, 30:1, 

53:20, 56:20, 64:9, 

69:14, 81:6, 89:7, 

89:14, 106:7, 138:4, 

139:14, 150:13

businesses - 24:5, 

25:22, 57:4, 115:2, 

118:8

busing - 142:8

butted - 96:17

buy - 29:4, 81:2, 

152:19

buyers - 100:15

 SWORN TESTIMONY, PLLC

2404 Doubletree Court, Lexington, Kentucky 40514

(859) 533-8961

3

Buzard - 123:12

bypass - 27:24

C

Cabinet - 6:8, 11:6, 

11:13, 12:25, 15:12, 

25:8, 36:9, 65:13, 

71:16, 146:5, 146:12, 

146:18, 147:1, 

147:14, 150:10, 

157:24

Cabinet's - 99:13

calcium - 104:9

calculated - 71:6

Caldwell - 37:15, 

130:19

callings - 82:6

campaign - 78:11, 

106:10, 143:3

campus - 48:25

cancer - 126:19, 

148:10, 150:15, 

156:11

candidate - 93:21

cannot - 10:16, 

13:5, 21:17, 24:18, 

27:14, 29:17, 50:24, 

73:3, 82:24, 100:15, 

108:20, 126:16, 

155:14

canoeing - 7:18

cap - 107:22, 

107:23, 107:24, 

123:25

capabilities - 

115:17

capacity - 69:6, 

118:13

Capillo - 140:8

capital - 106:1

Capitol - 27:16

capricious - 36:20

caption - 159:6

capture - 27:10

car - 103:24

carbon - 154:17

care - 7:1, 38:18, 

52:24, 136:7, 155:19, 

156:2, 156:3

cared - 131:4

career - 101:11

carefully - 6:19

cares - 155:11

Carmack - 21:10

carmakers - 73:7

carried - 106:9

cars - 52:3, 52:21, 

58:8, 73:5

case - 15:17, 31:8, 

58:22, 74:23, 85:13, 

106:13, 106:17, 

123:1, 132:15

Cast - 29:24

catch - 142:6

categories - 18:6

categorized - 

109:20

category - 71:8

Caterpillar - 68:2

caught - 141:25

caused - 137:22, 

140:17, 142:22

causes - 104:4

causing - 69:10

celebrate - 68:11

celebrated - 78:19

celebrating - 74:4

cell - 3:11

center - 44:24
Center - 1:16

centered - 45:25

centers - 60:15, 

134:23

central - 106:11

Central - 43:10, 

43:23, 66:17, 116:19, 

117:4, 141:5

centralized - 98:17

centuries - 135:4

Ceo - 65:23

Ceo's - 155:21

certain - 36:25, 

40:20, 102:17, 

123:16, 142:19

certainly - 41:3, 

155:10, 156:3

certainty - 12:20

Certificate - 159:1

certification - 86:1

certify - 159:5, 

159:10

Cfr - 18:18, 19:10

Chad - 89:3

chain - 52:17

chain-link - 52:17

chair - 2:23, 3:20, 

9:20, 115:13, 138:17

Chair - 31:19, 46:23, 

48:17, 84:10

chaired - 36:21

Chairman - 39:13, 

39:17

challenged - 72:2

challenges - 8:22, 

106:17, 115:18

challenging - 64:24

Chamber - 89:5, 

89:6

chance - 4:11, 4:13, 

21:1, 38:7, 83:1, 

88:23, 146:13, 146:15

Chandler - 25:5

Chaney - 128:23

change - 35:4, 

38:10, 115:18, 139:13

changed - 17:15, 

17:16, 32:23, 32:25, 

35:4, 38:1, 42:9, 

49:13, 107:20

changes - 17:8, 

17:10, 45:23, 98:14, 

113:9

Changing - 68:17

changing - 107:20, 

124:15, 139:13

chaos - 118:24

Chapter - 74:1, 76:1, 

84:10

charge - 37:1

charged - 53:19, 

62:1

Charlie - 2:8, 5:11, 

9:15, 10:25, 157:7

cheaper - 81:14, 

144:22

check - 47:6

cheering - 24:23

chemical - 18:25, 

74:10

chemicals - 152:13

Chevrolet - 73:6

chief - 5:18, 26:2

child - 82:25

childess - 131:11

childhood - 117:4

children - 57:9, 

82:12, 82:19, 83:5, 

83:6, 120:4, 129:25, 

130:1, 149:7, 150:12, 

151:21, 152:21, 

156:13

Children - 80:19

children's - 52:22

choice - 39:22, 

82:17

choose - 49:25, 

82:16

choosing - 83:22

chose - 92:16

chosen - 74:19, 

91:10

Chris - 5:17, 70:17, 

109:4, 120:1, 158:4

Christ - 97:4

Christian - 44:24

Christie - 93:1

Christmas - 57:10

chromium - 79:3

chronic - 74:17, 

150:16

Chuck - 125:17

circumvent - 22:11

cited - 19:14

cities - 16:10

citing - 45:17

citizen - 93:21, 

97:17, 101:9, 103:12, 

116:5, 121:11, 

123:12, 138:17, 

150:10

citizens - 12:9, 

53:22, 59:17, 63:7, 

73:19, 76:20, 77:22, 

82:2, 83:20, 91:9, 

113:8, 114:21, 115:2, 

142:19, 149:2, 153:3

citizens' - 150:19

city - 108:4, 140:15, 

145:1, 152:12

clarity - 6:13

Clay - 33:17, 34:14, 

144:1

Clean - 7:14, 7:19, 

11:16, 13:12, 31:25, 

43:16, 44:8, 49:11, 

53:18, 61:23, 62:14, 

74:5, 75:4, 78:4, 

78:18, 80:19, 84:18, 

85:18, 86:9, 89:12, 

101:25, 103:16, 

113:18, 114:10, 

118:16, 118:22, 

126:12, 126:17, 

131:18, 135:23, 

138:22, 142:2, 150:8, 

150:10, 153:6, 153:7, 

157:20

clean - 28:20, 

49:21, 54:11, 54:13, 

54:15, 55:1, 80:18, 

82:16, 83:10, 83:17, 

113:7, 113:19, 115:1, 

115:3, 116:6, 126:5, 

134:17, 135:18, 

138:10, 139:19, 

140:13, 149:6, 

150:19, 150:21, 156:4

cleaned - 132:25

cleaning - 48:6

clear - 28:8, 28:13, 

29:20, 77:18, 96:11, 

126:16, 144:4, 150:18

clearest - 22:8

clearly - 26:13, 

27:8, 76:22, 124:2

Clearly - 82:17, 

114:5

Clerk - 107:5

Cleveland's - 

141:24

Clewett - 70:2, 70:3

clients - 93:20

Climate - 124:11, 

125:3

climate - 89:14, 

124:12, 124:16

climb - 125:24

clock - 110:19, 

111:8, 111:10

close - 15:10, 58:23

closed - 56:20, 60:4

closely - 15:12

closing - 38:13, 

59:18, 157:6

closures - 69:11

clothes - 97:5, 97:7

cloudy - 77:5

Club - 70:4, 74:1, 

76:1, 78:10, 84:11, 

121:17, 121:18, 

121:19, 155:13

Clyde - 151:20, 

152:3, 152:25

co - 28:16

co-founder - 28:16

Coal - 1:2, 13:14, 

25:16, 25:20, 29:22, 

39:22, 45:5, 45:7, 

57:23, 61:3, 65:23, 

71:25, 80:9, 84:11, 

86:20, 88:10, 91:3, 

104:18, 107:7, 109:3, 

114:22, 132:15, 

134:6, 148:18, 148:21

coal - 5:22, 6:2, 7:2, 

8:5, 8:8, 8:21, 14:5, 

16:2, 16:11, 16:17, 

16:20, 22:10, 22:14, 

22:15, 22:17, 22:25, 

23:2, 25:13, 25:24, 

26:19, 26:22, 26:24, 

27:20, 28:3, 28:5, 

28:14, 28:23, 29:3, 

29:20, 30:6, 30:14, 

30:20, 30:22, 31:4, 

31:9, 31:12, 31:23, 

31:24, 32:10, 34:7, 

34:24, 35:22, 35:25, 

36:11, 37:13, 37:14, 

37:15, 37:19, 38:7, 

38:11, 38:16, 39:2, 

39:21, 40:1, 40:2, 

42:7, 42:22, 43:12, 

43:13, 43:23, 43:24, 

44:1, 44:24, 45:1, 

45:4, 46:1, 46:18, 

46:20, 46:25, 47:8, 

47:11, 47:12, 47:19, 

48:1, 48:10, 49:4, 

49:9, 49:17, 49:19, 

49:24, 50:17, 50:20, 

51:21, 52:13, 52:15, 

52:16, 53:5, 54:10, 

54:11, 54:14, 54:18, 

56:1, 56:4, 56:6, 58:1, 

58:10, 58:16, 59:6, 

59:9, 59:11, 59:16, 

59:19, 61:6, 61:20, 

63:10, 64:6, 64:15, 

65:4, 68:8, 68:9, 

68:15, 68:23, 68:24, 

69:5, 75:9, 76:11, 

76:21, 79:17, 79:23, 

80:11, 80:15, 80:16, 

80:18, 81:14, 83:21, 

84:3, 84:17, 84:25, 

85:2, 85:12, 88:16, 

89:16, 89:25, 90:8, 

90:9, 90:14, 90:17, 

90:22, 91:5, 91:9, 

93:11, 93:13, 94:9, 

94:11, 94:15, 95:7, 

95:20, 96:7, 96:15, 

97:23, 98:7, 99:14, 

100:2, 100:6, 100:15, 

102:18, 103:14, 

104:10, 104:16, 

105:13, 105:18, 

106:6, 106:10, 

106:15, 106:22, 

108:10, 110:25, 

112:8, 112:18, 

112:19, 113:23, 

114:14, 114:19, 

117:7, 118:3, 118:9, 

119:3, 120:20, 

121:21, 126:21, 

127:6, 129:6, 130:12, 

131:1, 131:4, 131:20, 

132:12, 133:14, 

133:23, 134:1, 136:3, 

140:25, 141:2, 141:4, 

143:2, 146:16, 

148:14, 148:16, 

149:22, 151:7, 

151:25, 152:3, 

152:17, 155:21, 

156:25

coal's - 100:9

coal-filled - 8:21

coal-fire - 59:19

coal-fired - 54:18, 

97:23

coal-generated - 

104:10

coal-powered - 

49:4

coal-producing - 

31:23, 31:24, 37:13, 

46:18, 52:13, 59:6, 

91:5

coal-supporting - 

37:15

coalfields - 39:12, 

60:17, 64:4, 77:23, 

106:12, 117:5

Cole - 151:13, 

151:14

collaborations - 

65:9

colleague - 71:1

colleagues - 50:5

collect - 128:6

college - 67:2, 

94:20

Collins - 34:19, 

39:16

combination - 

18:25, 19:9

combined - 87:1, 

112:7

Combs - 46:20, 

47:14

combustion - 31:5

coming - 4:25, 47:7, 

47:10, 55:9, 77:11, 

108:1, 109:4, 119:21, 

122:8, 137:19, 

146:14, 147:23

commencing - 1:10

commend - 119:23

comment - 3:4, 

9:21, 63:22, 75:15, 

75:23, 76:3, 89:19, 

91:14, 129:18, 

145:18, 151:11

comments - 2:18, 

3:21, 3:22, 4:11, 7:11, 

9:18, 9:22, 9:25, 

 SWORN TESTIMONY, PLLC

2404 Doubletree Court, Lexington, Kentucky 40514

(859) 533-8961

4

11:15, 11:23, 15:25, 

17:20, 19:21, 19:22, 

20:9, 21:4, 21:14, 

35:13, 65:17, 67:19, 

70:16, 73:24, 76:25, 

94:4, 97:10, 105:11, 

107:15, 122:1, 122:4, 

123:8, 123:9, 133:9, 

140:3, 145:24, 

149:25, 157:5, 

157:13, 157:14, 

157:15, 158:1, 158:8

commerce - 128:3, 

128:8

Commerce - 89:5, 

89:6

Commission - 

159:21

Commissioner - 

11:6, 15:21, 15:22

committed - 18:1, 

63:6

committee - 35:21, 

36:4, 73:25, 75:25, 

124:8

Committee - 37:17, 

39:15, 39:19, 46:24, 

48:18

common - 6:10, 

144:11

commonly - 115:21

Commonwealth - 

7:4, 16:4, 16:9, 26:23, 

38:23, 45:21, 46:19, 

47:17, 50:4, 53:14, 

57:6, 61:16, 62:15, 

74:3, 75:10, 76:2, 

78:12, 80:8, 81:25, 

83:4, 91:24, 109:20, 

113:8, 121:12, 

138:18, 138:25, 

148:3, 159:5

Commonwealth's - 

7:22, 49:19, 61:25, 

75:12

communities - 

8:22, 21:25, 26:21, 

62:21, 71:4, 77:3, 

77:8, 77:19, 77:25, 

84:14, 84:20, 98:6, 

98:8, 103:19, 126:18, 

139:7, 148:9, 148:12, 

148:16, 148:24, 

156:18

community - 12:20, 

12:22, 14:25, 52:15, 

73:12, 104:18, 106:3, 

112:7, 112:10, 

112:11, 119:2, 124:5, 

154:3

companies - 6:17, 

24:8, 26:13, 54:10, 

59:16, 61:21, 68:5, 

69:14, 76:22, 83:21, 

84:3, 93:13, 96:7, 

104:16, 108:11, 

127:6, 132:12, 142:7, 

142:12, 142:16

Company - 65:24, 

71:25, 132:16

company - 36:11, 

42:25, 48:24, 64:4, 

69:11, 108:13, 109:3, 

111:21, 142:22, 

142:25, 154:10, 

154:13

company's - 103:15

compare - 134:19

compared - 148:11

compelled - 11:19, 
37:20

compete - 22:2, 

30:10, 64:24

competing - 118:7

competition - 

100:11

competitive - 34:3, 

65:2

competitively - 65:4

competitiveness - 

64:7, 65:15, 69:19

complain - 77:9

complaining - 

120:19

complete - 4:1, 

74:24, 99:15, 125:4

completely - 116:6, 

136:16

completing - 

124:12

completion - 

132:22

complex - 28:4

complexes - 132:18

compliance - 63:4, 

98:20, 104:15, 

132:13, 132:22, 

146:25

compliant - 103:16

complicated - 

104:19

complications - 

151:19

comply - 53:17, 

66:15, 78:3, 127:4, 

138:21

comprehensive - 

103:18

comprehensively - 

71:3

computer - 147:5, 

159:7

computer-aided - 

159:7

concentrations - 

104:9

concern - 9:6, 

27:18, 68:14, 77:13

concerned - 6:1, 

8:16, 26:7, 65:25, 

83:2, 87:19, 89:11, 

89:15, 93:16, 93:19, 

93:22, 101:9, 118:12, 

121:11, 130:18, 

138:17, 144:12, 

155:20, 156:2

concerning - 

157:22

concerns - 6:4, 

6:13, 9:11, 10:15, 

11:25, 17:20, 18:5, 

25:14, 26:2, 27:3, 

76:4, 76:20, 77:4, 

94:1, 142:9, 149:2

concluded - 158:14

concludes - 20:1, 

104:3

conclusion - 86:8

condition - 139:18

conditioning - 56:5

conditions - 6:11, 

7:16, 71:10

conduct - 5:16, 

62:13, 74:24, 102:13

conducting - 11:15

conductivity - 14:5, 

14:12, 19:8, 47:6, 

66:3, 66:10, 66:13, 

66:19, 67:4, 68:24, 

69:4, 70:18, 70:22, 

74:18, 104:7, 107:25, 

108:1, 108:2, 108:5, 

121:24

Conductivity - 

104:10, 107:25

Conference - 31:21

confided - 137:12

confident - 116:11

conformance - 

16:25

confused - 41:25, 

42:4, 51:25

Congress - 21:16, 

22:11, 27:25, 45:12, 

88:4, 93:9, 93:22, 

128:6, 128:10, 128:11

Congressional - 

14:21, 36:19, 93:10

Congressman - 

25:5, 27:13, 27:18, 

28:13, 29:10, 29:16

consecutive - 94:19

consent - 40:24, 

40:25, 41:2, 41:3

consequences - 

15:18, 34:17, 35:7, 

104:2, 132:14

consequent - 

118:14

consider - 108:21, 

117:8, 157:19

consideration - 

73:17

considered - 

157:16

considering - 9:24, 

65:16, 117:7

consistent - 11:25, 

17:23, 18:18, 19:10, 

150:7

consistently - 29:2, 

30:4

consisting - 

109:13, 109:25, 

110:23

constant - 28:6, 

124:15

constantly - 64:17

constituents - 22:4, 

25:12, 52:16

Constitution - 

123:16, 123:20, 

128:2, 128:18

constitutional - 

33:8, 92:12

construct - 132:19

construction - 

66:11, 67:7, 68:2, 

69:2

constructive - 

102:22

construed - 123:17

consultant - 65:24

consumers - 

104:16

consumes - 64:14

contact - 9:19, 

158:4

contain - 150:2

containing - 90:3

contains - 7:16

contaminated - 

77:9

contaminating - 

76:15

contamination - 

14:12

contemptible - 

27:22

continue - 13:16, 

56:18, 57:3, 65:2, 

66:18, 75:7, 79:7, 

90:23, 99:21, 103:21, 

113:24, 114:1, 

131:10, 136:6, 

142:25, 144:23, 

150:13

continued - 17:19, 

144:16

continues - 116:22, 

150:17

continuing - 19:18

contribute - 18:10, 

75:2

contributing - 9:18, 

133:3

contributions - 

143:3

contributor - 30:7

control - 5:18, 9:7, 

41:9

Control - 13:12, 

101:20

controlling - 7:15

controls - 97:24, 

145:10

controversial - 

114:22

controversy - 99:9, 

102:9

Convention - 1:16

conversation - 

107:16, 144:19

conversations - 

3:13, 67:17, 85:5

convert - 72:20

convey - 25:13

cook - 152:20

Cooper - 153:15

cooperative - 90:20

coordination - 

100:4

copies - 7:25

copper - 42:15

copy - 2:23, 3:19, 

21:5

corner - 4:7, 4:22, 

63:17

Corporation - 63:21

corrective - 154:22

corruption - 146:24

Corvettes - 73:6

cost - 6:13, 49:16, 

50:9, 61:9, 64:6, 

64:25, 80:25, 87:21, 

94:15, 97:22, 118:1, 

118:3, 119:3, 136:12

costly - 97:20, 

98:12

costs - 90:16, 

116:24

Couch - 133:12

Council - 31:19

counsel - 36:10, 

159:11

count - 153:19

counter - 31:6

counterpoints - 

15:3

Counties - 48:16

counties - 37:13, 

37:15, 46:18, 51:3, 

59:6, 72:14, 72:16, 

108:10, 108:14, 

156:14

countless - 152:22

countries - 56:24, 

56:25

country - 15:5, 

21:18, 23:20, 23:21, 

25:23, 30:8, 40:3, 

43:1, 45:15, 88:5, 

98:15, 105:14, 

113:13, 115:5

county - 51:9, 

51:23, 54:17, 55:25, 

56:21, 58:1, 58:4, 

58:6, 58:13, 91:5, 

133:22, 137:9

County - 33:17, 

34:15, 41:20, 43:10, 

44:24, 44:25, 46:22, 

48:20, 50:15, 51:19, 

54:3, 54:4, 54:18, 

54:20, 54:23, 55:24, 

55:25, 57:22, 57:23, 

59:6, 59:7, 59:9, 

72:16, 76:13, 76:17, 

91:4, 94:17, 103:13, 

107:5, 107:6, 108:7, 

119:16, 125:21, 

131:2, 133:14, 134:2, 

135:17, 138:16, 

144:1, 149:19, 

151:15, 151:16, 

154:3, 159:3

County's - 48:23, 

58:23

couple - 111:9

courage - 136:1, 

149:18, 150:20

course - 27:14, 

27:15, 53:15, 150:5

Court - 159:19

courtesy - 2:25, 

21:2, 35:12, 70:6, 

75:22, 85:8

covered - 132:16, 

145:12

covering - 44:23

Covington - 141:13

craft - 129:4

crammed - 151:23

create - 14:19, 41:9, 

80:9, 100:14

created - 40:13, 

40:19, 41:7, 42:21, 

74:9

creates - 80:10

creating - 30:14, 

45:11, 56:7

creation - 65:16, 

82:7

Creator - 40:20

credible - 15:3, 

99:13

Creek - 135:17, 

144:4

creek - 134:14, 

137:6, 137:7, 137:9

creeks - 51:20, 

136:2, 136:3

Cress - 117:20

crisis - 94:22

criteria - 36:25, 

37:1, 49:13

critical - 26:11, 

40:5, 64:7, 67:3, 

69:17, 86:4, 118:15

critically - 5:23, 

25:16

criticism - 102:23

Crittenden - 37:16

critters - 71:2

cro - 129:7

crowd - 23:14, 

149:17

crown - 129:7, 

129:12

crucifixion - 91:21, 

 SWORN TESTIMONY, PLLC

2404 Doubletree Court, Lexington, Kentucky 40514

(859) 533-8961

5

129:10

crucify - 23:1, 24:8, 

91:9, 107:11

crucifying - 50:8, 

106:22

cubicle - 147:4

Cumberland - 74:1, 

76:1, 84:10, 130:20

cumbersome - 

22:13

cumulative - 87:21

cup - 134:14

curing - 145:1

curiously - 66:4

current - 26:12, 

65:25, 88:1, 98:1, 

102:11, 116:22, 

124:15

curtailment - 90:17

Curtis - 150:25, 

151:1

customers - 68:12

cut - 3:3, 146:24

cuts - 97:21

cutting - 50:24

Cuyahoga - 141:25

cycle - 20:8, 31:10, 

152:23

cycling - 104:5

D

dad - 59:11, 133:21, 

137:4

daily - 148:7

Daily - 52:20

damage - 70:11, 

81:15, 142:22

damaged - 32:11, 

71:12

Dan - 65:21

dangerous - 

142:14, 156:8

Danielle - 27:12

darter - 146:15

data - 9:25, 18:20, 

72:11, 84:24, 122:15, 

147:5

date - 32:20, 32:21, 

33:2, 87:10

daunting - 21:22

Dave - 153:15, 

155:14

David - 31:17, 

57:20, 91:2, 131:15, 

131:16

day-to-day - 58:9

days - 10:15, 57:2, 

144:13, 144:15, 

145:11

Dc - 36:5, 59:14, 

106:7

de - 14:5

dead - 142:1, 

155:17

deal - 58:2, 153:19

dealing - 119:17, 

141:18

deals - 146:24

dealt - 70:18

death - 91:21, 97:21

debt - 51:10, 51:11

Decades - 135:4

decades - 118:22

December - 62:16, 

87:6, 143:25

decided - 43:17, 

95:21, 144:8

decision - 10:2, 

10:8, 91:8, 91:22, 
91:23, 103:6, 106:12, 

118:4, 121:13

decisions - 9:24, 

10:4, 12:12, 12:22, 

26:8, 53:9, 79:8, 

79:25, 91:15, 92:7, 

99:7

Declaration - 40:10, 

40:17

decline - 102:19

decreased - 156:14

deeds - 130:24

deemed - 11:21

deep - 54:8, 101:13, 

131:17, 151:22

deeply - 83:2

defecate - 140:10

defects - 126:19, 

137:18, 137:22, 

156:13

defend - 86:12

defending - 74:8

defined - 26:13

definitely - 136:1, 

140:12

degrade - 113:24

degrading - 83:19

degree - 146:2

degrees - 36:5, 

101:3

deicing - 70:24

delay - 24:24, 49:8, 

49:15, 91:20, 112:13

delaying - 30:23, 

91:16

delegated - 14:23, 

16:5, 74:20, 75:13, 

123:19, 128:17

delegation - 16:24, 

48:5

demand - 100:16, 

119:4

Democrat - 39:10, 

46:23, 151:4

denial - 103:13

denied - 33:4, 

130:25, 134:3

Denise - 1:22, 

159:4, 159:18

Denny - 50:14

deny - 2:6, 94:25, 

123:17

denying - 30:23, 

127:2

Dep - 91:24

Department - 11:7, 

15:23, 91:19, 156:20

department - 56:10

dependent - 56:1, 

56:4, 82:4, 118:1

depicted - 114:2

deplorable - 44:5

depress - 44:16

depressed - 117:10

depressing - 44:3, 

44:5

Depression - 94:23

deprive - 46:10

deriving - 40:23

described - 99:9

describing - 110:8

desecration - 82:21

deserve - 38:24, 

122:20

deserves - 83:1, 

140:13

Desha - 155:12

designated - 5:16

designed - 12:14, 

19:12, 139:6, 156:7

desire - 7:4, 96:24, 

116:20

desired - 116:21

desperate - 63:7, 

150:18

desperately - 49:22, 

99:6

Despite - 13:8, 

30:12

despite - 86:14

destiny - 15:4

destroy - 8:25, 

80:13, 81:13, 98:6, 

131:10

destroyed - 98:9, 

98:10, 145:5, 145:14

destroying - 41:1

destruction - 83:23, 

156:10

destructive - 84:15, 

84:20

desulfurization - 

56:10

detail - 3:9, 4:24, 

5:6

detailed - 4:12

details - 99:7

deteriorating - 

127:12

determination - 

157:18, 157:22

determinations - 

18:13

determine - 15:4, 

18:8, 65:8

determined - 

106:13

devastating - 62:5, 

73:14, 84:21

devastation - 41:2, 

148:21

devastations - 

148:14

develop - 90:21

developed - 6:15, 

85:18

development - 

60:8, 60:9, 60:16, 

67:9, 102:8, 116:14, 

134:20

devised - 106:9

Diamond - 71:25, 

72:1, 72:12, 72:18, 

73:8

Dick - 128:23

dictate - 96:24

dictatorial - 61:19

die - 47:13, 108:18, 

120:15

Die - 29:24

died - 151:18

dies - 88:16

diesel - 154:11

difference - 60:18

different - 46:4, 

105:24, 123:4, 147:2

difficult - 21:19, 

95:8, 116:25, 145:2, 

153:21

difficulties - 117:3

dig - 120:20, 151:25

diligently - 54:11

dinner - 78:22

direct - 35:18, 

73:13, 85:13, 90:13

directed - 68:23, 

145:24

directions - 126:2

directly - 10:21, 

31:6, 33:24, 34:6, 

143:2

director - 113:5

Director - 5:13, 

23:8, 63:20, 89:4, 

103:17

dirty - 43:14, 97:7

disagree - 24:15, 

49:7, 72:21

disaster - 76:13

disasters - 23:19, 

130:17

disastrous - 59:20

discharge - 7:12, 

9:14, 18:20, 18:21, 

66:7, 66:18, 72:6, 

74:18, 74:21, 76:18, 

86:13, 86:25, 99:11, 

109:12, 109:24, 

110:22, 111:25, 

132:17

Discharge - 7:13

discharged - 

109:19

discharges - 7:21, 

8:17, 16:1, 16:9, 18:9, 

74:25, 114:10, 

114:14, 131:19

Discharges - 1:2, 

132:21

discharging - 

109:21, 114:16

disconcerting - 

14:3

discovered - 76:19

discuss - 4:23, 

25:9, 147:7

discussing - 7:11

discussion - 15:7, 

140:19

discussions - 92:4, 

141:8

disease - 148:11, 

151:19

diseases - 150:16

disenfranchise - 

53:18

disparage - 123:17

disparities - 102:21

displace - 69:1

disposal - 31:10

disregard - 106:8

disregarded - 38:4

disrupt - 104:11, 

118:10

disruption - 32:3, 

32:5

disruptions - 3:1, 

3:5, 3:14

dissolved - 19:8, 

68:24, 104:8

dissonance - 24:9

distribute - 49:5

distributors - 68:3

District - 35:17, 

37:12, 38:24, 39:11, 

41:20, 43:9, 44:23, 

46:17, 48:15, 52:11, 

52:12, 93:10, 143:25

district - 28:18, 39:1

districts - 157:24

disturb - 69:1, 69:3

disturbance - 66:8

disturbing - 66:12, 

67:6

div - 84:1

diverse - 139:11

diversify - 25:23, 

138:3

division - 114:24

Division - 5:13, 8:2, 

8:3, 8:6, 8:11, 8:18, 

10:5, 10:11, 10:13, 

10:17, 26:9, 38:9, 

49:10, 59:25, 61:25, 

74:24, 76:6, 86:2, 

87:8, 90:2, 90:21, 

91:19, 111:24, 

122:13, 122:23, 

137:10, 137:12

divisive - 114:23

documenting - 

45:13, 86:6

documents - 89:18, 

89:23

dollars - 31:3, 

48:25, 90:10, 106:3, 

136:10, 136:12

domestic - 25:17, 

50:8

Don - 86:19, 97:7, 

129:20, 141:12

done - 12:18, 23:5, 

61:6, 67:22, 70:8, 

71:9, 74:23, 87:20, 

101:15, 120:9, 123:2

door - 60:7, 94:17

Dorsey - 37:11

Doubletree - 159:19

doubt - 26:18

Dow - 71:9, 71:14, 

71:17, 71:19, 157:24

Down - 134:21

down - 20:2, 22:14, 

34:18, 50:22, 50:24, 

51:6, 54:14, 56:20, 

60:4, 60:11, 69:7, 

78:18, 95:25, 96:4, 

96:9, 97:20, 97:23, 

107:16, 110:11, 

110:13, 133:24, 

134:12, 134:19, 

135:4, 135:19, 152:1, 

153:24, 156:6

downright - 28:12

downsizing - 69:11

downstream - 6:22, 

70:9, 76:7, 85:1

downtown - 145:3

Dr - 70:17, 70:21

Draft - 1:2, 109:11, 

109:23, 110:21

draft - 7:25, 9:5, 

10:14, 16:1, 16:14, 

17:22, 111:20, 111:23

drafted - 8:11, 

40:10

drains - 135:1

dramatically - 119:1

drank - 47:4, 152:10

drawing - 59:17, 

129:4

dreams - 40:9

drink - 82:12, 95:21, 

96:11, 96:13, 120:2, 

120:22, 126:14, 

126:25, 134:13, 

134:14, 134:15, 

134:16, 134:25, 

135:1, 135:3, 137:15, 

150:4, 150:12, 

152:12, 152:19, 

153:9, 155:15

drinking - 7:19, 9:3, 

114:12, 120:6, 

139:19, 140:14, 

153:21, 154:8, 154:9, 

154:11

drive - 57:3, 140:22

driven - 66:1

drivers - 34:8, 43:25

 SWORN TESTIMONY, PLLC

2404 Doubletree Court, Lexington, Kentucky 40514

(859) 533-8961

6

driving - 56:19, 

133:5

drop - 56:13

drowning - 31:2

drums - 119:19, 

119:20

due - 8:20, 34:25, 

59:13, 72:21, 97:23, 

100:10, 124:3, 

124:14, 148:15, 

151:18

Due - 4:16

Dugan - 97:16, 

97:17

dump - 53:5

During - 152:8

during - 111:10, 

135:3

dust - 136:3, 149:22

duties - 128:7

duty - 29:6, 29:7, 

62:1

E

early - 35:24

Earth - 78:21

earth - 66:12, 67:6, 

82:6, 131:10

earth's - 66:8, 82:21

easily - 114:8

east - 48:1, 108:3

eastern - 9:1, 11:17, 

16:2, 16:23, 28:16, 

28:19, 29:10, 44:4, 

51:23, 55:3, 61:13, 

62:6, 62:8, 62:10, 

66:5, 70:9, 73:2, 

73:14, 77:3, 77:22, 

88:15, 91:10, 92:10, 

96:19, 112:22, 

113:25, 118:17, 

133:17, 135:7, 135:9, 

137:19, 139:3, 

140:25, 141:15, 148:6

easy - 139:12

eat - 79:1, 96:12, 

152:15

eaten - 78:25

eating - 78:24

echelons - 147:14

eco - 38:20

economic - 15:4, 

21:20, 27:1, 32:3, 

32:5, 35:22, 43:25, 

49:23, 50:1, 60:8, 

60:9, 60:15, 69:20, 

82:20, 89:15, 102:21, 

129:5, 134:20, 148:15

Economic - 73:15

economically - 

26:17, 117:10

economies - 98:10, 

124:17

economy - 7:3, 

30:10, 37:24, 38:15, 

41:2, 48:23, 58:2, 

62:7, 62:11, 73:3, 

90:6, 90:14, 91:10, 

119:8, 139:11

ecosystem - 82:25

ecosystems - 104:5

Ed - 151:18, 152:2, 

152:24

edified - 129:11

Edmonds - 46:21, 

47:15

education - 28:18, 

115:16

effect - 62:5, 73:13, 
89:14, 90:6

effective - 61:11, 

62:4, 63:1, 118:20

effectively - 68:18, 

85:20

effectiveness - 6:14

effects - 90:13, 

124:3

efficient - 64:18, 

102:1

effluent - 19:2, 87:5

effort - 17:25, 

19:19, 55:4, 62:21, 

139:16

efforts - 15:11, 

64:24, 75:7, 83:10, 

106:14, 131:18, 

131:20

egregious - 132:4, 

132:13

eight - 98:1, 119:18, 

120:13

either - 94:21, 

128:21, 134:14, 

150:13

elect - 47:18

elected - 26:5, 

35:19, 36:15, 36:19, 

50:3, 95:5, 96:22, 

131:1

election - 66:20, 

67:3, 92:18

electoral - 67:2

Electric - 56:8, 56:9, 

72:18

electric - 59:23

electrical - 59:22, 

104:7

electricity - 25:20, 

26:21, 30:4, 30:5, 

39:22, 45:3, 45:5, 

45:7, 49:4, 56:1, 56:5, 

56:7, 64:11, 65:1, 

69:6, 94:15, 97:23, 

100:10

elevate - 116:25

elevated - 52:18, 

104:8, 104:11

eliminate - 21:24, 

28:25, 90:8

eliminated - 70:22

Elimination - 7:13

elk - 83:25

eloquently - 130:11

embark - 53:14

embody - 103:23

embraced - 13:22

emissions - 31:1, 

124:21

emotions - 140:22

emphasize - 9:23, 

131:23

employ - 89:9, 

93:13, 93:21

employed - 94:14, 

105:19, 159:10

employee - 68:5, 

69:10

employees - 68:10, 

69:22, 72:13, 72:24, 

93:12, 119:7, 142:7

employers - 30:7, 

118:5

employment - 

21:21, 50:25, 59:21, 

100:6, 117:9, 146:23

employs - 63:24, 

94:12

emptying - 87:18

enable - 71:19, 95:9

enabling - 53:20

enacted - 88:4, 

113:13

encourage - 9:17, 

69:12, 117:6, 146:10, 

147:10, 147:15

encouraged - 102:7

end - 41:11, 65:11, 

71:8, 92:13, 102:3, 

122:8, 132:20, 141:1, 

155:11, 157:10

ended - 98:17, 

144:25, 145:3, 147:1, 

147:3

ending - 31:12

endowed - 40:19

endurance - 124:10

enemy - 26:24

energy - 5:24, 

13:24, 22:21, 23:19, 

25:17, 25:23, 26:1, 

26:16, 30:1, 30:14, 

34:4, 43:25, 50:9, 

54:19, 54:24, 60:22, 

61:9, 64:6, 64:9, 

64:13, 64:17, 64:19, 

69:17, 73:7, 80:12, 

81:1, 81:8, 81:14, 

90:16, 95:2, 116:24, 

118:2, 118:3, 118:11, 

119:3, 119:5, 124:20, 

130:13, 149:15

Energy - 6:8, 11:5, 

11:13, 12:25, 25:7, 

37:18, 48:18, 71:16, 

84:10, 107:17, 150:9

energy-producing - 

30:14

enforce - 12:5, 53:3, 

83:10, 86:9, 98:18, 

126:16, 131:18

enforceable - 114:9

enforced - 13:4

enforcement - 32:2, 

36:10, 113:11, 139:5, 

147:3, 153:8

engaged - 99:5

engaging - 26:3

engineer - 65:23, 

101:2, 101:4, 101:7

engineering - 

101:3, 103:1, 115:14, 

115:15, 117:7

engineers - 102:23, 

115:17

enhanced - 13:19, 

13:22, 100:3

enjoy - 101:18

enjoyed - 78:21

ensued - 101:23

ensure - 2:17, 7:1, 

7:21, 12:17, 13:3, 

85:21, 86:1, 117:1, 

142:11

ensuring - 13:19

entering - 147:4

entire - 44:1, 44:5

entrusted - 104:17

enumeration - 

123:15

environment - 2:19, 

6:3, 12:8, 13:3, 14:19, 

15:8, 26:11, 28:15, 

29:6, 31:13, 53:20, 

65:15, 75:8, 86:11, 

104:21, 124:23, 

127:9, 139:20, 

139:22, 149:6

Environment - 6:8, 

11:6, 11:13, 12:25, 

25:8, 37:17, 39:14, 

71:17, 150:9

Environmental - 

1:1, 5:13, 11:8, 12:13, 

15:23, 21:14, 27:19, 

31:22, 32:7, 32:9, 

32:13, 36:9, 49:6, 

74:12, 91:19, 105:9, 

132:10, 146:4

environmental - 

8:22, 12:4, 13:3, 

13:19, 13:25, 23:1, 

26:25, 28:17, 28:25, 

31:11, 66:25, 68:21, 

99:10, 115:20, 

116:10, 116:16, 

116:17, 124:19, 129:5

environmentalist - 

98:5

environmentally - 

13:15, 42:7

Epa - 1:2, 6:5, 6:7, 

7:4, 7:25, 8:9, 8:16, 

10:17, 11:20, 13:1, 

13:22, 14:3, 14:13, 

14:16, 14:19, 14:22, 

15:15, 16:5, 16:13, 

16:19, 16:25, 17:3, 

17:5, 17:7, 17:16, 

17:19, 18:3, 18:16, 

19:17, 19:18, 19:23, 

22:5, 22:10, 22:22, 

23:10, 23:14, 23:23, 

23:25, 24:1, 24:7, 

24:16, 26:7, 26:24, 

27:21, 27:24, 29:5, 

29:11, 30:12, 30:16, 

30:22, 30:25, 31:4, 

31:9, 31:12, 33:21, 

35:1, 35:18, 37:21, 

37:25, 38:17, 39:2, 

41:22, 42:13, 44:6, 

44:13, 45:10, 46:25, 

49:10, 50:10, 51:25, 

53:17, 54:5, 56:22, 

58:17, 59:13, 59:19, 

60:4, 60:19, 61:5, 

61:10, 61:16, 62:9, 

62:10, 62:16, 62:22, 

62:23, 63:9, 63:22, 

65:6, 65:9, 65:12, 

65:25, 66:13, 67:10, 

68:16, 69:10, 69:12, 

71:12, 72:3, 72:21, 

74:16, 74:21, 75:7, 

76:9, 78:2, 81:16, 

83:22, 84:4, 85:15, 

85:20, 86:1, 87:3, 

88:2, 90:4, 90:18, 

91:10, 91:15, 91:17, 

91:23, 91:25, 92:1, 

92:8, 92:16, 93:25, 

95:3, 95:8, 95:19, 

97:18, 98:4, 99:5, 

99:20, 102:9, 102:24, 

103:5, 103:17, 106:8, 

106:13, 106:21, 

106:24, 107:9, 

107:18, 111:19, 

113:17, 115:8, 116:2, 

116:8, 116:22, 117:6, 

118:22, 119:24, 

120:12, 120:24, 

121:12, 121:15, 

122:25, 127:8, 

128:13, 129:3, 

131:23, 135:18, 

135:25, 136:5, 

136:19, 137:23, 

138:19, 142:6, 

142:10, 143:1, 146:1, 

148:20, 148:25, 

149:3, 150:18, 

150:22, 151:2, 151:5, 

153:5, 153:7, 153:18, 

155:2, 156:5, 156:23, 

157:21, 158:8

Epa's - 4:1, 5:15, 

10:1, 10:8, 11:24, 

15:25, 17:20, 18:4, 

24:2, 25:10, 30:17, 

31:6, 34:17, 49:13, 

62:3, 62:13, 69:2, 

76:4, 83:9, 85:13, 

86:8, 89:11, 89:16, 

89:20, 90:1, 90:4, 

90:7, 90:10, 90:13, 

91:8, 93:16, 94:1, 

100:12, 102:11, 

103:13, 113:16, 

118:8, 118:12, 

118:15, 118:25, 

119:9, 131:18

Epa-approved - 

18:16

equal - 40:19

equipment - 34:8, 

64:12, 68:3

Erie - 142:1, 142:5

especially - 6:4, 

21:22, 93:22, 106:11

essential - 101:14, 

131:11

establish - 116:9

established - 

116:17, 124:22

establishment - 

18:12

estimated - 8:18

evaluated - 18:19, 

157:17

Evans - 71:24

evening - 2:1, 5:12, 

5:17, 5:21, 9:10, 9:17, 

9:20, 10:22, 11:12, 

15:21, 37:10, 63:19, 

67:24, 123:6, 138:14, 

138:16, 157:14

evening's - 3:25

events - 76:13

every-step-of-theway - 106:25

everywhere - 

139:22

evidenced - 114:23

evident - 40:18

evolved - 102:9, 

123:25

evolving - 17:20

Ew - 48:19, 48:21

ex - 50:17

ex-coal - 50:17

exacerbating - 

102:20

exaggeration - 

122:7

example - 6:17, 

13:18, 22:8, 32:3, 

96:2

examples - 92:16, 

96:1, 139:24, 140:2

except - 60:16, 

146:1

exception - 126:5

excerpts - 25:6

Excessive - 26:15

excited - 68:13

excludes - 38:19

exclusive - 50:2

Excuse - 75:21, 

 SWORN TESTIMONY, PLLC

2404 Doubletree Court, Lexington, Kentucky 40514

(859) 533-8961

7

85:3

executed - 29:8

Executive - 50:15, 

54:3, 55:24, 57:22, 

65:6

exempted - 66:7

exercise - 45:13

exercising - 26:7

existence - 72:10

existing - 8:7, 

12:19, 13:7, 14:1, 

17:24, 18:16, 18:22, 

48:25, 49:14, 113:11

exit - 3:13, 60:11

Exit - 60:10

exodus - 88:12

expanded - 16:22, 

37:22, 49:9, 61:12, 

86:25, 89:13, 118:7, 

118:9

expanding - 94:2

expect - 29:1, 95:5, 

141:20

expectancy - 

156:14

expectation - 126:5

expected - 22:2, 

66:22, 90:12, 142:17

expendable - 79:14

expense - 49:25

expensive - 48:24

experience - 81:5

experienced - 98:16

experiences - 8:21, 

117:4

experiencing - 

15:18

experts - 6:15

expired - 142:25

Expires - 159:21

explaining - 95:18

explored - 77:2

exploring - 119:5

explosions - 149:24

exposed - 152:22

exposes - 66:9

express - 25:14, 

37:21, 94:1, 113:16, 

157:8

expressed - 12:1, 

17:21

expressing - 131:17

extensive - 70:8

extensively - 17:19

extract - 30:24

extraction - 31:10

extraordinarily - 

91:20

extremely - 116:3

eye - 60:10

Ezekiel - 96:8

F

fabrication - 50:19

face - 94:22, 115:18

facilitating - 2:9

facilitation - 63:18

facilitator - 2:16

facilities - 48:19, 

117:24, 118:6

facility - 4:17, 

12:16, 29:25, 111:1

fact - 12:5, 27:20, 

28:22, 32:10, 33:20, 

33:23, 64:9, 64:18, 

85:21, 92:5, 114:2, 

115:21, 140:24, 

141:6, 156:15

facto - 14:6
factor - 118:4

factories - 73:2

factory - 133:25

facts - 14:11, 19:16, 

53:8, 77:18, 107:8, 

117:7, 140:20, 156:8, 

159:5

fail - 53:3

failed - 74:15, 

74:24, 82:18, 82:19, 

83:4, 122:24, 155:18

failing - 142:23, 

146:25

failure - 62:13, 

89:20, 99:10, 99:13, 

99:18, 122:21

fair - 33:11, 104:22, 

139:5

fairly - 12:23, 13:5, 

29:2, 29:7, 126:16

fairness - 102:15

faith - 91:17, 91:24, 

92:2, 124:4, 153:22

fall - 18:5

false - 82:17

families - 26:20, 

29:3, 49:20, 58:3, 

60:21, 61:7, 68:10, 

72:25, 83:18, 94:7, 

116:25, 119:7, 139:17

family - 29:4, 29:24, 

50:18, 59:12, 78:20, 

79:17, 79:21, 79:22, 

120:14, 123:13, 

124:5, 145:6, 145:7

family's - 79:20

Far - 21:20

far - 37:12, 41:24, 

42:14, 42:16, 42:18, 

42:21, 42:24, 43:3, 

96:18

farm - 60:4, 60:12, 

88:6, 101:11, 144:1, 

144:18, 144:25

farmers - 22:16

Farmers - 101:12

farming - 66:12, 

67:9, 101:16

fashion - 61:20

fast - 110:14, 

110:15, 125:7

Father - 129:14

fault - 148:19

favorable - 118:11

favoritism - 97:3

Fayette - 43:10, 

159:3

Fe - 152:6

fear - 29:4, 53:13, 

124:1, 140:22, 156:24

fear-mongering - 

124:1

fearing - 133:14

February - 154:13, 

154:18

Federal - 45:22, 

85:16

federal - 12:10, 

13:11, 13:13, 16:25, 

17:3, 17:8, 17:11, 

17:15, 17:24, 33:7, 

40:14, 41:7, 41:12, 

45:9, 48:5, 50:23, 

51:6, 51:15, 53:4, 

63:6, 75:14, 85:24, 

89:20, 92:8, 92:13, 

92:14, 103:15, 

104:17, 106:9, 

113:11, 113:19, 

133:3, 147:2, 155:1

federalism - 40:13

feed - 96:9, 151:21

feet - 96:10, 96:12, 

96:13, 96:14

Felix - 143:21

fella - 136:9

felt - 102:3, 119:1

fence - 52:17

few - 2:5, 15:2, 

66:14, 97:13, 105:11, 

130:4, 141:15, 

144:13, 144:14, 

152:5, 152:8

Fields - 131:15, 

131:16

fiercely - 101:12

fight - 27:16, 95:6, 

96:6, 120:16, 130:21, 

130:23

fighting - 23:10, 

27:16

fights - 150:10

figure - 141:6

figures - 133:16

file - 99:11, 142:20

filed - 23:12, 87:3, 

121:2

fill - 13:21

filled - 8:21, 77:11

filling - 2:4, 84:16

fills - 6:19, 66:15, 

72:5, 104:4, 104:6, 

109:17, 110:4, 111:5, 

111:14

filter - 154:1

filtration - 154:17

final - 9:24, 65:5, 

65:25, 66:2, 157:17

Finally - 60:19

financial - 72:11

findings - 31:7, 

124:15

fine - 38:22, 38:23, 

44:15, 95:20, 97:5, 

144:23, 154:1

fined - 144:14

fines - 133:3

finish - 88:23

finite - 141:2

fire - 54:16, 59:19, 

142:1

fired - 54:18, 97:23

firm - 85:15, 93:11, 

115:8

first - 4:20, 18:15, 

20:2, 31:12, 35:22, 

46:19, 60:11, 70:10, 

70:18, 78:15, 99:3, 

101:4, 107:14, 

111:11, 127:24, 

131:23, 132:25, 

146:22, 151:17, 152:8

First - 2:25, 18:6, 

31:21, 46:23, 47:7, 

96:7, 105:12, 107:22, 

112:3, 123:13, 151:1

first-hand - 35:22, 

70:10

fish - 9:1, 78:22, 

78:24, 78:25, 142:4, 

152:15, 153:10

fisherman - 141:15

fishing - 7:18, 

114:12

Fitz - 46:16

five - 105:23, 

119:20, 130:6, 

132:24, 149:19, 

149:20, 151:21

five-gallon - 119:20

five-year-old - 

149:20

fix - 138:5

fixed - 97:18, 97:19, 

108:19, 140:13

flank - 96:16

flat - 120:22

flawed - 103:6

flock - 96:20

flooding - 142:21

floor - 33:18, 129:2

flow - 132:24, 144:3

flows - 52:20

fluegas - 56:9

fly - 52:20, 141:14, 

141:17, 146:7, 155:22

Fly - 52:22, 52:23

focused - 50:7

focuses - 115:15

folk - 142:8

folks - 5:12, 140:22, 

145:25, 146:1

follow - 4:4, 13:11, 

46:7, 89:21, 90:17, 

100:18, 100:19, 

103:22, 120:9, 

120:10, 120:18, 

126:12, 126:23, 144:8

followed - 11:6, 

18:16, 21:24

following - 25:6, 

45:15, 46:8

food - 48:25, 94:9

fool - 120:12

Fool's - 32:21

Force - 36:22

forced - 59:17, 

89:22, 138:6

Ford - 30:8, 73:4

forefathers - 40:9, 

98:16

foregoing - 159:6

foreign - 128:8

forest - 71:6, 84:1, 

98:14

forever - 32:23, 

83:23, 148:21

forgive - 129:14

forgotten - 42:1

Fork - 87:15, 87:16, 

87:18, 121:2

form - 3:21, 4:7, 

13:10, 130:24

formally - 17:23

formation - 42:19

former - 22:22, 

31:19, 36:8, 36:10, 

36:23

forms - 9:1, 66:10

fort - 11:9

fortitude - 100:17, 

142:17

fortunate - 54:8, 

74:11

forum - 104:1

forward - 2:4, 7:5, 

8:16, 10:12, 11:3, 

15:13, 19:18, 33:2, 

39:4, 40:1, 44:3, 

44:16, 44:17, 103:22, 

112:12, 112:17, 

126:12

fossil - 50:8, 148:20

foster - 129:25

fought - 40:11

foul - 96:11

fouled - 96:14

founded - 98:15

founder - 28:16

founding - 121:21

four - 2:24, 68:10, 

70:14, 122:20, 123:13

Frankfort - 1:16, 

1:17, 60:11

frankly - 142:16

free - 33:11, 37:3, 

37:5, 37:6, 58:17, 

60:21, 60:23, 80:19, 

80:20, 80:22, 88:2

freedoms - 113:14

fresh - 65:7, 126:1

friend - 34:18, 35:2, 

81:24, 81:25, 82:1, 

82:3

friend's - 103:24

friends - 43:11, 

83:7, 83:8, 96:15, 

122:23, 126:7, 

146:12, 148:5

front - 2:14, 3:23, 

30:19, 97:11, 122:24, 

131:7, 144:2, 146:20

fronts - 30:22

fruition - 146:14

frustrating - 140:19

fuel - 50:8, 154:11

fueled - 40:4

fuels - 148:20

fulfill - 62:22

fulfilling - 84:18

full - 68:13, 139:5

fully - 29:20, 

113:17, 135:24

fundamental - 9:6, 

40:12, 49:14, 102:25

funding - 71:18

funds - 58:10

furnace - 64:16

furnaces - 56:22, 

57:1

future - 21:21, 

22:20, 37:4, 40:2, 

68:13, 68:14, 79:21, 

82:7, 82:11, 82:14, 

82:15, 82:23, 83:1, 

89:15, 114:20, 

115:16, 127:17, 153:8

Future - 107:7

futures - 93:23

G

gains - 82:20

gallon - 119:20

gallons - 95:20

game - 38:1

gardens - 52:24

Gardner - 101:2

gas - 49:1, 72:20, 

100:11

gathered - 149:14

gathering - 152:6

Geiger - 65:21, 

65:22

general - 8:8, 20:16, 

36:10, 64:1, 85:2, 

85:12, 85:14, 105:11, 

112:1, 113:23, 

114:19, 115:22

General - 52:12

generally - 105:21

generated - 68:7, 

104:10

generating - 48:20, 

48:21, 48:22, 69:6

generation - 42:25, 

126:13, 127:14

generations - 82:7, 

82:19, 82:24, 153:9

gentleman - 119:24, 

 SWORN TESTIMONY, PLLC

2404 Doubletree Court, Lexington, Kentucky 40514

(859) 533-8961

8

133:16

Gentlemen - 11:9

gentlemen - 57:14

Geological - 141:3

George - 98:20

Georgetown - 73:5

Georgia - 5:15

Giattina - 5:9, 5:11, 

5:12, 92:21, 157:6, 

157:7

Gibson - 86:19

Given - 116:7

given - 23:17, 38:7, 

38:10, 41:5, 116:11, 

126:23, 135:22, 

135:23, 136:1

glad - 155:2

glass - 152:9

global - 30:7, 30:10, 

124:1

glorious - 97:4

goals - 116:21

God - 41:5, 58:24, 

73:19, 95:22, 133:14

God's - 82:7

God-fearing - 

133:14

gold - 97:5

Gooch - 39:9, 91:3

goods - 73:9, 

113:15

gosh - 125:5

govern - 88:2

governance - 69:9

governed - 40:24

governing - 11:23

government - 22:3, 

32:16, 32:17, 32:25, 

33:7, 41:1, 41:3, 41:8, 

41:9, 50:22, 50:23, 

51:6, 51:16, 58:4, 

58:6, 58:9, 63:6, 

73:18, 74:14, 81:6, 

92:13, 92:14, 102:2, 

102:8, 133:3, 136:17, 

153:19, 154:25, 155:1

Government - 

40:23, 63:20

governments - 

33:22, 40:15, 41:12, 

41:13, 65:10

Governments - 

31:20

governor - 97:1, 

124:19, 137:25, 

149:3, 151:4

Governor - 11:14, 

14:15, 46:11, 71:15, 

127:7, 149:14

grace - 116:11, 

116:19

Graddy - 121:10

graduates - 94:21

graft - 146:23

grandchildren - 

83:5, 138:8

grandfather - 120:4, 

120:5

grandkids' - 131:11

grandmothers - 

83:17

grant - 71:11, 91:18

granted - 113:18, 

126:6

grass - 135:5

grasslands - 83:25

Grassroots - 138:25

grateful - 25:11, 

151:5, 151:6

grave - 27:18, 77:3
graveyard - 79:19

gray - 144:4, 145:12

Great - 2:8, 55:20, 

94:23, 143:18

great - 25:18, 26:23, 

40:8, 58:2, 88:5, 

116:13, 120:4, 

143:14, 151:3, 151:18

greatest - 90:15, 

124:25

greatly - 49:2, 

58:19, 61:8, 89:11, 

118:12

Greeks - 129:9

Green - 29:25, 

42:18, 73:6

Greg - 140:7, 140:8

grew - 129:23

grid - 97:24

Grieshop - 59:8

grievance - 32:16, 

33:9

grocery - 34:10, 

130:2

ground - 2:22, 

30:24, 54:12, 71:13, 

85:16

group - 95:17, 99:4, 

149:13, 150:6

groups - 66:25, 

80:3, 99:10

grow - 125:22, 

126:8, 138:9

growing - 69:5, 

117:4, 127:11, 135:5, 

137:5

grown - 101:10

grownup - 137:8

growth - 22:20, 

22:21, 37:25, 50:1, 

129:5

Gruber - 64:1

guarantee - 92:18

guaranteed - 30:6

guess - 60:3, 60:13, 

92:17, 138:15

guidance - 25:15, 

26:5, 32:22, 32:23, 

32:25, 45:24, 65:25, 

66:2, 74:16, 74:19, 

89:18, 89:23, 103:18, 

106:18, 122:25, 

123:1, 123:2, 123:4

guide - 12:11, 

25:15, 68:22

guideline - 91:13

guidelines - 2:23, 

68:22, 69:4, 83:22

Gulf - 42:17

Guthrie - 29:17

gutted - 120:21

guy - 107:9, 141:17

guys - 117:18

H

habitat - 8:25

Hal - 27:13

half - 25:9, 28:11, 

47:2, 62:17, 89:9, 

100:9, 106:3, 106:16

Hall - 119:15

Hancock - 54:22

hand - 5:4, 35:22, 

70:10, 80:5, 92:3

handle - 154:25

hands - 134:13

Hank - 121:10

Happiness - 40:22

happiness - 41:6

happy - 39:15, 

127:12

hard - 27:9, 38:14, 

69:15, 72:24, 146:1

hard-working - 

69:15, 72:24, 146:1

hardest - 22:1

hardships - 73:15

Harlan - 46:21, 59:6, 

59:8, 137:4

Harless - 142:20

harm - 9:8, 62:9, 

84:25, 114:11

harmful - 103:19

Harpole - 89:4

Harrodsburg - 

137:5

Harry - 130:19

harvest - 79:5

hat - 152:1

hate - 95:22, 140:22

Haven - 107:4, 

107:5

Hazard - 86:21, 

107:6, 108:7, 129:21, 

134:7

hazardous - 31:5

headquarters - 

15:14

headquarters' - 

15:18

heads - 142:5

headwater - 84:12, 

104:4

health - 6:3, 9:8, 

12:9, 13:2, 14:18, 

15:8, 49:23, 53:6, 

53:22, 71:4, 74:13, 

75:4, 75:8, 82:23, 

83:20, 86:11, 101:5, 

113:15, 114:21, 

116:4, 126:19, 127:5, 

139:6, 148:6, 150:16, 

150:21, 156:4, 

156:17, 156:22

healthful - 117:2

healthier - 139:10

healthy - 82:24, 

83:1, 117:2, 139:20, 

139:21, 149:6

hear - 10:21, 20:8, 

41:14, 67:18, 92:5, 

99:25

heard - 92:5, 94:4, 

99:24, 99:25, 122:9, 

127:16, 131:6, 137:21

Hearing - 1:9

hearing - 2:3, 3:14, 

3:25, 5:10, 5:16, 6:4, 

6:6, 8:13, 11:1, 11:15, 

11:18, 17:6, 18:4, 

21:18, 29:18, 30:18, 

63:13, 63:23, 67:18, 

85:6, 121:15, 142:1, 

149:1, 158:12, 158:14

hearing's - 111:20

hearings - 23:24, 

25:12, 61:5, 62:13, 

62:16, 91:18, 156:7

Hearings - 1:1

heart - 39:11, 64:3, 

145:3, 148:10

heavily - 114:1, 

118:1

heavy - 70:25, 

97:19, 140:10, 

140:15, 153:20

held - 1:9, 47:24, 

114:15, 121:19, 

135:21

helicopters - 

155:23

hell - 142:3, 142:6

Hello - 105:3, 

123:11, 150:25

help - 2:20, 7:1, 

20:18, 20:24, 21:6, 

35:13, 55:11, 60:20, 

72:24, 112:25, 121:5, 

135:18

Help's - 128:24

help's - 128:25

helped - 26:19, 

130:24

helps - 58:2

Henderson - 37:14, 

54:17, 54:20, 55:25

Herald - 99:9

Herald-leader - 99:9

hereby - 159:5

herein - 159:11

hereinbefore - 

159:7

hereto - 159:6

heritage - 64:5

hero - 152:2, 152:3

heroes - 152:2

Hi - 29:15, 143:21, 

147:25

hiding - 44:7, 44:8

high - 36:1, 50:25, 

57:24, 65:3, 70:19, 

109:20, 116:24

higher - 26:16, 

77:20, 94:19, 105:21, 

126:18, 148:10, 

150:15, 156:11

highest - 82:5, 

100:6, 126:22

highlight - 2:24

highly - 106:23

highway - 66:11, 

67:7

Hill - 27:16

hill - 119:21

hillsides - 28:20

hindering - 119:6

Hindman - 129:22

hire - 47:18, 81:3

history - 51:1, 

76:12, 94:18, 122:21

Hold - 110:6

hold - 9:20, 29:5, 

40:17, 78:2, 85:15, 

136:19, 156:23

holding - 121:14, 

125:17, 149:1, 150:1, 

151:7

holler - 155:16

hollow - 72:5, 

109:17, 110:4, 111:5, 

111:14

home - 29:4, 45:2, 

79:20, 88:14, 152:21

homes - 16:10, 

45:4, 52:3, 52:18, 

52:21, 56:3, 64:13, 

155:24

homestead - 120:15

hometown - 151:15

Honaker - 115:13

honest - 130:7, 

141:8

honesty - 130:9

honor - 15:15

hoops - 28:6

hope - 35:3, 35:5, 

47:9, 58:22, 119:12, 

141:23

hopeful - 10:19, 

18:1

hopefully - 3:18, 

143:1

hopes - 31:2

hoping - 138:8

Hopkin - 54:22

Hopkins - 41:20, 

44:24

horns - 96:17

horrified - 152:10

horses - 144:17

hospitals - 56:2

hour - 34:4

hours - 64:11, 

88:13, 95:17, 124:6, 

152:8

House - 29:19, 

35:20, 39:14, 39:18, 

48:3, 48:4, 52:11

house - 108:3, 

136:2

Hubert - 39:16

huge - 73:3, 97:22

Hugh - 55:24

human - 9:8, 13:2, 

14:18, 15:8, 49:25, 

86:11, 93:23, 140:9, 

156:16

humans - 82:25, 

115:1

hundreds - 51:3, 

76:14, 93:12, 93:20, 

108:7, 113:23

Hurt - 135:16

hurt - 44:1, 81:13, 

134:18

hurtful - 37:24

hurting - 38:18, 

44:1, 58:16

hurts - 38:16, 38:17

husband - 144:9

hyperbole - 122:9

I

ice - 71:6

Icg - 34:21, 86:21

idea - 110:12, 

140:11

ideas - 147:13

identify - 6:9

ideological - 21:24

ignore - 74:19

ignoring - 76:20, 

84:24

illegal - 32:6, 128:1, 

128:14

illegally - 106:14

Illinois - 24:12, 

102:19

illustrate - 99:5

immediately - 

61:11, 62:4, 63:1, 

118:21

impact - 13:25, 

33:23, 35:18, 35:22, 

36:25, 87:21, 90:12, 

102:5, 102:13, 

108:12, 108:13, 

115:20, 118:25, 

124:3, 132:4

impacted - 34:12, 

91:22, 92:6, 116:1

impacting - 60:2, 

135:9

impacts - 6:2, 14:2, 

53:5, 53:6, 77:22, 

84:21, 103:19, 

111:13, 145:4, 148:23

impaired - 8:20, 

 SWORN TESTIMONY, PLLC

2404 Doubletree Court, Lexington, Kentucky 40514

(859) 533-8961

9

109:22, 114:3

impeding - 22:20

implement - 75:13, 

85:24, 122:22, 123:3

implementation - 

5:18, 101:22, 102:12, 

118:15

implemented - 

6:16, 13:4, 135:24

implementing - 

86:3

implications - 

53:15, 85:14, 114:18

importance - 25:13

important - 5:23, 

7:9, 9:12, 13:1, 15:7, 

21:17, 22:19, 25:16, 

26:12, 32:20, 40:2, 

65:13, 69:18, 87:23, 

99:21, 102:11, 116:3, 

125:23, 129:24, 

136:10, 139:15

importantly - 34:22, 

115:4

imposed - 18:25, 

36:20, 61:19, 61:24, 

73:15, 118:18

imposing - 30:25

imposition - 62:3

impossibility - 

124:3

impossible - 51:11, 

99:16

improve - 6:12, 

26:19, 65:9, 142:4

improvements - 

13:16, 48:24

improving - 65:5, 

85:14

inability - 59:15

inactions - 34:17

inadequate - 76:11

inappropriate - 

118:18, 118:25

incidental - 35:23

include - 7:20, 

84:16, 101:24, 

109:17, 111:5, 

114:12, 121:24

includes - 82:8, 

110:25

including - 3:1, 

13:9, 22:16, 23:21, 

82:2, 115:19

income - 51:13, 

97:18, 97:20, 108:20

incomplete - 14:7, 

103:2

inconsistent - 

11:22

incorporate - 87:1

increase - 59:22, 

90:16, 97:22, 102:19, 

104:12, 116:24

increased - 66:13

increases - 64:25, 

104:7

increasing - 22:21

indeed - 94:6

Indeed - 30:21

Independence - 

40:10, 40:17

Indian - 78:14, 

128:9

Indiana - 63:25, 

68:4

indicated - 159:6

indicating - 20:4, 

20:5, 95:24, 96:1, 

143:11
indicator - 156:16

indignation - 37:21

indirect - 105:23

individual - 8:3, 

16:10, 16:20, 16:21, 

19:6, 28:9, 33:7, 62:8, 

122:2, 138:23

individuals - 49:20, 

81:6

Industrial - 40:5

industrial - 16:15

industries - 16:11, 

34:7, 35:23, 49:3, 

56:18, 56:19, 57:6, 

114:10, 115:2, 115:25

industry - 13:16, 

22:17, 22:18, 26:19, 

30:15, 30:17, 31:2, 

33:25, 34:1, 34:2, 

34:24, 35:25, 36:13, 

37:19, 38:7, 38:12, 

38:16, 39:2, 44:2, 

44:11, 47:10, 47:11, 

49:19, 49:24, 55:3, 

58:16, 61:7, 61:21, 

62:5, 62:11, 64:19, 

68:9, 68:16, 68:18, 

68:23, 76:12, 86:14, 

87:25, 88:3, 89:25, 

99:11, 99:14, 100:2, 

100:7, 101:7, 101:22, 

102:2, 102:3, 102:24, 

106:6, 106:22, 

114:15, 114:17, 

115:19, 115:25, 

116:9, 116:13, 

116:20, 118:19, 

131:4, 133:24, 142:3, 

152:17, 156:25

industry's - 6:13

inevitably - 90:17

inexpensive - 

25:17, 26:21, 73:7

Inez - 95:16

infant - 129:22

inflicted - 62:10

influence - 146:23, 

147:12

influenced - 143:2

influences - 146:17

informally - 17:23

information - 7:9, 

8:2, 9:13, 9:19, 9:25, 

87:7, 87:9, 89:24, 

108:6, 110:13, 158:2, 

158:9

informative - 31:8

Inhofe - 129:1

initial - 145:11

initiated - 13:18, 

124:22

innovation - 7:1, 

124:16

innovative - 7:6, 

146:19

input - 38:6, 131:21

inside - 67:19

inspired - 28:19

install - 154:15, 

154:16

installer - 81:2

instance - 16:12

instead - 91:13, 

96:1, 129:6, 144:23

instituted - 40:23

instream - 6:20, 

19:4, 19:11, 72:6, 

109:18, 110:4, 111:5

instruct - 4:25

instructed - 154:15, 

154:16

instructions - 5:5

instructor - 93:14, 

93:15

insult - 32:8

integrated - 63:23

integrity - 74:10

intellectually - 

141:8

intended - 101:24, 

113:12, 113:19

intensive - 30:1, 

64:9

intentions - 28:2, 

49:7

interactions - 124:9

Interconnect - 

97:24

interested - 9:17, 

159:11

interests - 53:21

Interfaith - 81:23

interim - 106:18

interpretation - 

33:1

interpreted - 14:7

interpreter - 55:16

interpreters - 2:10, 

27:8, 55:15

Interstate - 60:10

intestinal - 100:17, 

142:17

intimidate - 156:7

intimidated - 

100:17

introduce - 5:8

introduced - 129:1, 

129:9

invest - 80:15, 

80:16, 81:7, 81:11

invested - 28:17, 

80:11

investigating - 

121:1

Investment - 80:10

investment - 81:1, 

106:1, 112:15

investors - 81:15

invite - 97:7, 134:7, 

134:8

invited - 97:1

involve - 109:21

involved - 132:15

Ipcc - 124:22

iron - 104:13

ironic - 74:7

irritating - 21:23

isolate - 6:24

issuance - 8:10, 

87:23, 89:17, 118:22

issuances - 92:1

issue - 7:5, 10:12, 

10:17, 12:2, 17:13, 

18:15, 18:24, 68:22, 

74:21, 76:5, 77:12, 

85:15, 90:5, 104:2, 

114:24, 123:23, 

124:6, 157:2

issued - 8:3, 16:8, 

32:22, 33:5, 74:16, 

87:2, 90:2, 103:20, 

111:16, 123:1, 123:2, 

132:1, 153:1

issues - 15:7, 

19:20, 52:25, 62:15, 

65:14, 66:1, 114:22, 

119:19, 141:9, 153:20

issuing - 14:24, 

49:8, 49:11, 118:20

it'll - 129:2

itself - 146:2, 

147:19

J

jackboot - 92:14

Jackson - 27:21, 

30:13, 66:14, 103:17, 

106:13

James - 23:7, 109:3, 

129:1

January - 104:2

Jenkins - 52:10

jeopardize - 89:15

jeopardized - 93:24, 

148:7

Jesus - 97:4, 129:12

Jim - 5:9, 5:10, 5:12, 

11:2, 39:9, 54:2, 

97:16, 102:22, 109:4, 

112:25, 157:6

Jimmy - 119:15

Joan - 83:15

job - 22:21, 30:14, 

34:21, 34:25, 56:8, 

65:16, 72:25, 100:12, 

100:14, 100:16, 

104:20, 120:8, 127:8, 

127:9, 127:17, 132:2, 

133:21, 136:13, 

136:22, 141:16, 

146:13, 146:14, 

151:21

job's - 99:22

job-creating - 30:14

jobs - 5:25, 15:8, 

21:24, 22:18, 25:22, 

26:22, 29:22, 29:23, 

34:2, 34:7, 38:13, 

46:10, 49:16, 50:25, 

51:2, 57:23, 57:25, 

58:1, 58:13, 59:15, 

62:11, 62:20, 63:8, 

66:23, 79:17, 80:10, 

80:12, 80:15, 81:8, 

81:12, 82:16, 90:8, 

94:13, 94:17, 94:22, 

94:25, 99:23, 100:1, 

100:5, 100:13, 

105:23, 108:5, 108:7, 

112:24, 115:3, 

117:25, 118:14, 

133:17, 133:22, 

133:23, 134:1, 138:1, 

138:4, 139:17, 

139:18, 142:9, 145:9, 

146:3, 156:2

Joe - 59:8, 71:24

John - 64:1, 100:23, 

105:4

Johnson - 127:23

Johnston - 57:21

Joice - 113:4

join - 27:15, 150:22

joined - 130:22

joining - 130:20

joins - 54:17

Joint - 48:3

Jones - 105:5

Joni - 52:9, 52:10

Judge - 50:15, 54:3, 

54:20, 55:24, 57:22, 

59:8

judge - 51:9, 96:21, 

96:23, 98:19

judicial - 91:15, 

131:25

Julia - 152:7

jumping - 28:5

June - 1:10, 9:21, 

100:3, 159:14

jurisdictional - 26:4

justice - 96:25

Justice - 138:25

justify - 82:21

justly - 39:4

K

Kam - 117:22, 

118:12

Kar - 19:14

Karl - 98:3

Kcap - 124:18

keep - 6:24, 54:19, 

55:4, 57:8, 57:13, 

57:15, 63:13, 93:6, 

95:25, 96:3, 148:17

Keep - 110:18, 

127:2

keeps - 57:24, 

148:18

Kennedy - 130:18

Kenton - 103:12

Kentuckian - 116:4, 

138:19, 143:24

Kentuckians - 15:1, 

21:20, 22:15, 23:16, 

32:10, 32:11, 32:24, 

49:18, 69:21, 75:4, 

78:12, 80:8, 84:1, 

95:5, 114:25, 138:18, 

138:24, 139:8, 

139:15, 148:3, 149:5, 

153:4

Kentucky - 1:17, 

5:23, 6:7, 6:15, 7:24, 

8:2, 8:15, 8:17, 9:2, 

10:5, 10:11, 11:5, 

11:7, 11:17, 11:18, 

13:5, 13:14, 14:23, 

15:23, 16:1, 16:3, 

16:4, 16:6, 16:8, 

16:13, 16:23, 16:24, 

17:12, 17:18, 17:22, 

18:15, 18:19, 18:24, 

21:15, 21:19, 21:25, 

22:19, 24:11, 25:7, 

26:9, 26:20, 28:3, 

28:10, 28:16, 28:19, 

29:10, 30:2, 30:22, 

31:18, 32:3, 32:18, 

33:18, 36:22, 37:2, 

37:12, 37:19, 37:23, 

38:9, 38:17, 38:18, 

39:11, 39:20, 40:1, 

41:20, 42:7, 43:10, 

43:23, 44:4, 44:25, 

45:6, 45:17, 45:20, 

45:21, 46:2, 47:8, 

48:8, 48:19, 49:9, 

49:10, 49:16, 51:24, 

52:11, 53:14, 54:4, 

54:8, 54:15, 54:16, 

54:25, 55:3, 55:10, 

56:8, 56:16, 56:19, 

57:15, 57:23, 58:18, 

58:20, 58:25, 59:7, 

59:25, 61:3, 61:6, 

61:8, 61:14, 61:17, 

61:25, 62:8, 62:10, 

62:15, 62:25, 63:25, 

64:2, 64:3, 64:5, 

64:15, 65:13, 66:5, 

66:20, 67:10, 67:25, 

68:3, 68:20, 69:8, 

70:10, 71:6, 71:9, 

71:14, 73:2, 73:10, 

73:14, 73:24, 74:3, 

74:20, 75:10, 76:3, 

 SWORN TESTIMONY, PLLC

2404 Doubletree Court, Lexington, Kentucky 40514

(859) 533-8961

10

76:5, 77:3, 77:13, 

77:23, 79:1, 79:7, 

79:18, 79:23, 81:3, 

81:23, 83:7, 83:18, 

83:20, 84:14, 85:1, 

85:11, 85:17, 88:15, 

89:5, 89:6, 89:13, 

90:2, 90:20, 90:23, 

91:4, 91:10, 91:18, 

92:2, 92:10, 92:16, 

94:3, 95:16, 96:19, 

99:6, 99:20, 103:13, 

104:19, 105:16, 

105:17, 105:18, 

105:19, 106:2, 

106:22, 107:6, 

107:17, 108:3, 108:8, 

111:24, 112:22, 

113:5, 113:25, 

115:14, 117:21, 

117:25, 118:6, 

118:14, 118:17, 

119:16, 121:12, 

121:22, 123:12, 

123:13, 124:11, 

125:3, 126:22, 

127:24, 128:13, 

129:21, 129:22, 

130:25, 132:7, 

133:15, 133:17, 

135:7, 135:9, 135:17, 

135:19, 137:4, 137:9, 

137:14, 137:19, 

139:2, 139:3, 140:13, 

140:25, 141:13, 

141:16, 142:14, 

143:24, 148:4, 148:6, 

150:6, 150:9, 151:3, 

151:16, 153:2, 154:4, 

155:14, 156:9, 

156:20, 157:24, 

159:2, 159:5, 159:19

Kentucky's - 8:19, 

11:12, 17:1, 18:10, 

62:6, 75:3, 84:17, 

84:23, 85:23, 89:9, 

89:14, 89:25, 90:14, 

91:24, 93:9, 94:7, 

117:25, 118:5, 

118:10, 119:1, 119:6, 

119:8, 149:15, 150:20

Kftc - 132:11

Kftc's - 139:3

kickbacks - 146:24

kidney - 148:11

kids - 120:5, 

120:16, 131:10

kill - 92:4, 94:25

killed - 141:22

killing - 129:6, 

153:3

kilowatt - 34:4

Kim - 48:14

kin - 125:1

kind - 6:25, 7:6, 

126:7, 145:10

kinds - 67:9

King - 48:15, 98:20, 

107:4, 107:5

knees - 134:13

Knott - 72:13, 76:17

knowledge - 123:24

Knowledge - 124:5

Knowles - 47:1

known - 7:12, 

124:25

knows - 14:13, 

94:8, 140:18

Kpdes - 62:2, 62:8, 

75:13, 90:2, 109:11, 
109:23, 110:21, 

111:18, 112:1, 118:9

Kwa - 113:6, 113:21

Ky - 109:23

Ky0091847 - 110:22

Ky0091910 - 109:11

Ky0108294 - 111:19

Ky0108715 - 111:18

Ky0109100 - 111:19

Kyccr - 1:22, 159:4, 

159:18

Kyoto - 125:1

L

lab - 70:17

labor - 73:9

lack - 77:6, 87:4, 

87:5, 99:15, 102:25, 

116:20

Ladies - 57:14

lady - 46:20

laid - 108:9, 134:12

lake - 142:2

Lake - 142:5

lakes - 77:10, 78:23, 

80:20

Land - 133:4

land - 12:6, 13:11, 

14:2, 60:12, 80:13, 

81:13, 81:17, 101:13, 

130:14, 132:14, 

148:13

land's - 131:5

landfall - 146:16

landfill - 52:21, 

146:7

landfills - 52:15

lands - 52:21, 

52:22, 52:23, 77:16, 

132:3, 146:6

Lane - 75:24

language - 2:10

large - 159:18

Large - 159:5

largely - 8:23, 118:2

larger - 67:1

largest - 36:11, 

46:18, 54:23, 89:7, 

105:13, 105:15, 

105:16, 118:5

last - 31:8, 34:23, 

48:9, 62:23, 92:4, 

92:18, 100:8, 103:25, 

119:18, 126:21, 

129:1, 133:19, 

142:19, 143:10, 

143:25, 146:22, 

147:4, 149:12, 154:4, 

155:4, 155:6

lasting - 148:23

latest - 124:25

Laurel - 111:16

law - 29:7, 32:22, 

33:1, 36:14, 42:11, 

45:10, 45:11, 45:15, 

45:16, 46:7, 46:8, 

47:5, 62:1, 71:19, 

75:14, 85:16, 85:24, 

89:20, 93:11, 93:14, 

93:15, 100:19, 102:7, 

103:22, 113:19, 

122:22, 126:23, 

136:19

Lawrenceburg - 

48:21

laws - 12:10, 12:19, 

13:4, 13:7, 14:1, 26:5, 

26:12, 29:1, 49:15, 

53:4, 88:4, 102:12, 

103:23, 104:15, 

113:9, 113:12, 

113:13, 114:9, 115:4, 

124:17, 139:5

lawsuit - 99:3, 

142:21

lawsuits - 132:11, 

150:11

lay - 94:10, 151:24

laying - 112:16

layoff - 108:12, 

155:25

layoffs - 69:10, 

108:8, 133:18, 133:19

leaching - 66:9

lead - 120:3

Leader - 21:12

leader - 33:18, 99:9

leaders - 75:9

least - 8:18, 49:3, 

94:8, 94:11, 94:14, 

127:1

leave - 3:22, 21:6

leaving - 144:25

led - 92:2

Lee - 43:9, 151:16

Leeco - 71:25, 72:1, 

72:12, 72:17, 73:8

left - 4:22, 43:12, 

55:6, 55:8, 78:22, 

79:18, 79:20, 79:24, 

80:5, 93:2, 107:19, 

145:25

leftover - 31:5

legal - 13:9, 36:18, 

42:8, 62:22, 89:21, 

130:23, 130:24, 150:3

legality - 102:18, 

106:17

legally - 46:3, 85:24

Legislative - 31:20, 

44:23

legislator - 32:14

legitimate - 12:14, 

15:7

Len - 11:12

Leslie - 46:20, 72:13, 

133:14, 134:2

Less - 139:24

less - 63:8, 65:1, 

130:3

Letcher - 46:21, 

72:13, 119:16, 154:3

letter - 25:6, 122:10, 

122:12

letters - 84:13, 

122:5

letting - 55:23

level - 32:24, 147:12

levels - 6:20, 47:6, 

69:6, 104:12, 104:13, 

142:14

Lexington - 43:10, 

65:23, 99:8, 123:12, 

129:23, 130:7, 

153:16, 159:19

Liberty - 40:21

liberty - 41:5

licensed - 101:2

lied - 131:4

Life - 40:21

life - 9:1, 9:3, 9:9, 

26:20, 31:9, 41:1, 

41:5, 57:24, 77:7, 

82:3, 82:4, 82:10, 

82:21, 115:23, 117:2, 

120:13, 124:4, 134:2, 

137:11, 145:14, 

148:5, 152:2, 156:14

life-giving - 82:10, 

82:21

lifeblood - 62:6, 

69:20

lift - 88:8, 156:5

Light - 81:24

light - 19:16

lightly - 53:12

lights - 56:5, 57:8, 

57:13, 57:15, 148:18

likely - 126:8, 

141:19, 156:12

limit - 4:7, 66:3, 

66:16, 66:19, 74:18, 

150:3

limitations - 7:17, 

19:1, 19:2, 19:5, 87:6

limited - 9:15, 66:4

limits - 3:6, 3:8, 

3:10, 7:7, 7:21, 21:3, 

35:12, 66:7, 76:18, 

86:3, 132:23

Lindop - 83:15, 

83:16

line - 3:16, 67:20, 

78:2, 124:6, 125:2, 

125:4, 136:19, 

141:21, 146:10, 

146:20, 147:10, 

147:16, 155:21, 

156:23

lines - 51:18, 51:19, 

51:22

link - 52:17

Lisa - 27:21, 30:13, 

66:14, 103:17

list - 86:23, 114:3

listen - 6:4, 9:10, 

24:17, 27:3, 156:24

Listen - 40:16

listening - 33:10, 

55:7, 98:12, 127:18

literally - 82:14, 

150:11

live - 49:20, 52:16, 

67:25, 75:5, 77:8, 

79:22, 108:3, 125:21, 

125:22, 126:4, 

126:10, 126:13, 

128:22, 131:12, 

138:15, 143:24, 

149:22, 155:13

lived - 129:21, 

132:7, 144:1, 148:4

livelihood - 72:9

livelihoods - 15:2, 

24:6, 93:24

lives - 12:9, 23:17, 

93:23, 124:5, 136:10, 

136:14, 152:23

living - 52:2, 60:21, 

79:22, 101:17, 126:8, 

148:9, 148:11, 

149:20, 150:14, 

151:14, 156:10

Livingston - 37:16

loaded - 97:20

loading - 111:1

loans - 138:4

lobby - 75:9

local - 6:16, 7:2, 

33:22, 48:23, 49:2, 

65:10, 106:1, 154:15, 

154:24

locate - 118:5

located - 64:3

location - 6:18

locations - 68:6

lodging - 49:1

London - 143:24, 

145:3

long-lasting - 

148:23

long-term - 25:24

look - 19:18, 23:13, 

23:14, 52:1, 58:17, 

65:7, 72:24, 126:1, 

133:20, 136:2, 155:10

Look - 48:2, 112:20

looked - 51:16, 

51:17

looking - 97:22, 

141:19

looks - 143:9

Lord - 97:4

lose - 34:2, 34:20, 

34:25, 50:23, 50:24, 

72:25, 133:23

losing - 84:3, 108:5

loss - 33:21, 104:5, 

112:7, 118:13, 118:14

losses - 38:13

lost - 35:5, 51:1, 

51:12, 51:13, 59:15, 

62:20, 69:15, 100:1, 

108:6, 112:10, 

112:11, 133:21, 

136:14

loud - 149:23

Louisville - 67:25, 

73:5, 73:24, 80:9, 

148:4

love - 97:11, 

101:13, 130:12, 

130:13, 130:14, 

130:15

loved - 84:2

low - 61:8, 94:15, 

118:1, 119:3

Low - 118:3

lowered - 66:2

lowest - 30:5

luckily - 145:25

lucky - 79:4

lung - 130:25, 

148:10, 151:19

M

ma'am - 23:13, 

55:22

Machinery - 68:2, 

69:22

machines - 68:8

Macpherson - 2:1, 

2:8, 11:2, 19:25, 23:4, 

24:22, 27:6, 29:14, 

31:15, 33:14, 35:9, 

37:8, 39:7, 41:16, 

43:6, 44:19, 46:14, 

48:12, 50:13, 52:7, 

53:25, 55:13, 57:18, 

59:2, 60:25, 63:12, 

65:19, 67:14, 69:25, 

70:5, 71:22, 73:22, 

75:17, 75:21, 78:7, 

80:2, 81:20, 83:13, 

84:6, 85:3, 86:17, 

88:19, 88:22, 90:25, 

92:24, 93:5, 95:13, 

97:9, 98:23, 100:21, 

100:25, 103:7, 103:9, 

105:1, 105:6, 107:2, 

108:24, 110:6, 

110:10, 110:15, 

110:18, 111:9, 113:2, 

115:7, 115:10, 

117:12, 117:15, 

117:17, 119:11, 

119:14, 121:7, 123:7, 

125:6, 125:9, 127:20, 

 SWORN TESTIMONY, PLLC

2404 Doubletree Court, Lexington, Kentucky 40514

(859) 533-8961

11

129:17, 131:13, 

133:6, 133:8, 135:14, 

136:23, 136:25, 

138:11, 140:1, 

141:10, 143:8, 

143:18, 145:15, 

145:18, 145:22, 

147:23, 149:9, 

150:23, 151:11, 

153:13, 155:4, 155:7, 

155:9, 157:4

macroinvertebrate

- 71:4

macroinvertebrates

- 71:2

madam - 23:23

Madison - 125:21, 

138:16, 151:14

magic - 153:24

magnesium - 104:9

mailing - 10:7, 

158:1

main - 152:17

maintain - 2:19, 

71:13, 74:9

maintained - 16:24, 

85:21, 139:14

maintaining - 

48:23, 104:21

major - 30:6, 87:13, 

108:8

majority - 8:14, 

33:17, 91:7

maker - 63:24

malls - 60:15

man - 80:5, 96:5, 

130:10, 152:4

management - 

6:21, 19:3, 20:18, 

23:5

manager - 64:1

mandated - 62:14, 

89:19

mandates - 74:7, 

131:25, 132:1

maning - 6:2

manner - 13:15, 

19:20, 65:14, 90:20, 

101:15, 142:24

manual - 124:13, 

125:4

manufactured - 

81:3

manufacturers - 

30:3, 94:16, 118:1, 

119:7

Manufacturers - 

117:22

manufacturing - 

12:16, 29:23, 117:24, 

117:25, 118:13, 119:2

Manufacturing - 

30:1

marching - 71:17

Mark - 81:22

markets - 64:25

Martin - 76:13, 

131:2

Maryland - 70:13

mass - 87:17, 88:12

massive - 69:10, 

99:10

masterpieces - 

126:3

masters - 101:3

Matt - 98:25

matter - 73:17, 

140:24, 153:24, 

156:6, 156:15

matters - 11:20
Maxson - 125:20

Mb - 71:6

Mcconnell - 21:11, 

23:9

Mccormick - 55:24

Mccoy - 95:15

Mcmullen - 84:8, 

84:9

mean - 28:14, 32:8, 

134:17, 134:18

means - 22:14, 

30:19, 58:11, 71:15, 

135:22, 152:15

meant - 152:13

meantime - 62:19

Meanwhile - 89:25

measure - 14:8, 

14:12

measures - 114:5, 

154:22

meet - 2:20, 4:23, 

20:7, 38:8, 42:23, 

56:21, 63:17, 69:4, 

83:22, 114:6, 116:15, 

125:16, 149:14

meeting - 5:23, 

25:8, 107:19, 114:9, 

127:25

meetings - 109:5, 

124:8, 124:11

Megan - 149:11

megawatt - 64:11

member - 26:18, 

27:2, 27:23, 28:1, 

28:3, 30:11, 35:21, 

36:17, 36:21, 42:2, 

42:20, 56:24, 57:4, 

57:8, 60:8, 68:16, 

72:9, 78:4, 78:11, 

78:12, 80:17, 81:10, 

83:9, 85:7, 88:10, 

88:16, 112:20, 

121:17, 121:18, 

125:24, 128:1, 

129:13, 133:15, 

148:2, 155:13

members - 23:25, 

24:17, 24:24, 42:23, 

43:2, 70:4, 74:2, 

75:20, 76:2, 77:8, 

77:13, 77:14, 79:24, 

81:4, 81:16, 83:11, 

84:22, 85:7, 86:15, 

88:17, 89:8, 89:9, 

99:2, 113:7, 121:21, 

127:19, 139:1, 139:2, 

145:6, 145:7, 151:9

memo - 151:9

men - 29:9, 40:18, 

44:15, 63:24, 64:22, 

68:5, 152:1

Men - 40:23

mention - 20:14, 

20:16, 132:6, 154:2

mentioned - 20:12, 

42:6, 70:19, 72:17, 

111:23, 122:10, 

153:17

Mercer - 48:16, 

48:20, 48:23

mercury - 79:2

Mercury - 80:20

mere - 26:4

merely - 142:11

Mero - 1:16

message - 41:22, 

41:23, 42:13, 43:2, 

43:11, 60:19

met - 19:8, 36:25, 

37:1, 47:1, 143:6

metal - 50:19

metals - 8:24, 

70:25, 86:3, 104:13, 

140:10, 140:16, 

153:21

Meteorological - 

124:24

meter - 121:24

mic - 105:7

Micah - 96:22

microphone - 20:4, 

20:5, 20:11, 20:25, 

143:14

microsiemens - 

66:3

middle - 38:1, 85:16

Middle - 87:14, 

87:16, 87:18

midstream - 107:21

might - 3:2, 136:12, 

141:20

miles - 8:19, 47:14, 

60:3, 76:14, 83:18

Millcreek - 119:16, 

121:2

Milliman - 23:7

million - 26:22, 

45:4, 49:16, 64:10, 

72:14, 72:16, 72:18, 

73:10, 87:22, 90:9, 

95:19, 105:15, 

105:18, 105:20, 

105:24, 105:25, 

106:2, 106:3, 108:12, 

108:14, 112:8, 112:9, 

112:10, 112:11, 

112:15, 133:4, 155:22

mind - 11:9, 65:12

minds - 32:23

mine - 22:13, 23:18, 

36:6, 36:7, 36:9, 

43:23, 48:10, 53:5, 

59:16, 61:13, 62:9, 

69:10, 76:17, 88:6, 

130:16, 134:6, 

134:10, 134:11, 

135:2, 139:6, 144:9, 

144:14, 146:5, 

149:21, 151:22, 

155:17

mined - 13:14, 14:2, 

42:7, 114:1, 145:8

miner - 35:25, 

43:13, 47:11, 47:12, 

50:17, 94:13, 133:14

miners - 32:11, 

32:18, 45:7, 47:9, 

57:6, 60:20, 60:23, 

61:7, 91:9, 93:20, 

101:12, 105:20, 

108:10, 112:18, 

112:19, 130:12, 

144:21, 151:7

miners' - 142:9

mines - 6:16, 6:18, 

6:20, 8:5, 9:7, 9:14, 

10:18, 22:14, 23:18, 

38:13, 50:20, 54:9, 

56:16, 59:11, 59:14, 

70:9, 70:11, 77:12, 

99:16, 100:5, 106:15, 

118:17, 119:18, 

120:7, 134:16, 

141:22, 145:6

mines' - 51:15

minimization - 

13:21

minimize - 3:4, 

3:14, 14:2, 115:19

mining - 5:22, 6:2, 

6:17, 7:2, 8:4, 8:8, 

8:14, 8:17, 8:20, 8:24, 

11:17, 11:23, 12:15, 

13:6, 13:8, 13:9, 

13:10, 13:20, 14:5, 

15:1, 16:2, 16:11, 

16:17, 16:20, 16:22, 

22:15, 28:10, 29:3, 

29:22, 30:17, 33:25, 

37:22, 42:22, 44:14, 

45:18, 46:1, 46:5, 

46:25, 48:1, 49:9, 

49:24, 52:14, 52:24, 

53:16, 55:3, 58:1, 

59:14, 60:1, 60:6, 

61:6, 61:20, 61:22, 

62:5, 62:10, 62:19, 

65:23, 65:24, 66:10, 

66:15, 68:2, 68:24, 

69:2, 70:21, 71:11, 

73:11, 74:16, 75:1, 

75:5, 75:25, 76:4, 

76:8, 77:2, 77:7, 77:8, 

77:17, 77:20, 78:1, 

81:9, 84:11, 84:15, 

84:16, 84:20, 84:25, 

89:13, 89:17, 89:25, 

90:22, 94:2, 94:5, 

100:6, 101:6, 102:3, 

102:4, 102:6, 102:10, 

102:11, 102:14, 

102:19, 103:3, 

103:20, 104:1, 

104:18, 106:10, 

109:15, 109:17, 

109:19, 110:2, 111:1, 

111:4, 112:2, 114:14, 

114:15, 114:22, 

115:13, 115:15, 

115:16, 115:18, 

115:20, 115:22, 

115:23, 116:2, 116:9, 

116:13, 116:15, 

116:18, 118:10, 

120:7, 120:21, 

121:21, 126:18, 

126:21, 126:22, 

130:21, 131:20, 

132:18, 134:21, 

134:22, 135:3, 135:4, 

137:22, 140:25, 

141:4, 142:7, 142:11, 

142:15, 142:22, 

142:23, 142:25, 

145:8, 148:8, 148:9, 

148:14, 148:16, 

148:22, 150:3, 154:7, 

156:8

Mining - 1:2, 13:11, 

66:23, 83:23, 101:16, 

101:19, 107:7

Minnesota - 78:21, 

78:23

minute - 92:4

minutes - 4:8, 

20:21, 20:23, 95:21, 

111:10, 125:6, 140:4

misinformation - 

15:6

misrepresents - 

14:11

mission - 13:2, 

42:4, 42:5

Mitch - 21:11

moderate - 11:1, 

49:3

modification - 

116:15

modified - 110:24

modify - 10:3, 

10:13, 38:8

Moe - 36:4

mom - 34:9

moment - 118:15

money - 48:6, 

50:22, 50:23, 51:14, 

51:15, 51:21, 58:3, 

73:8, 80:10, 80:18, 

80:23, 112:8, 120:14, 

125:23, 128:7, 152:24

mongering - 124:1

monitoring - 6:19, 

19:1, 19:2, 77:15, 

99:12, 99:14, 99:19

Monroe - 58:24

Montgomery - 

135:17

month - 38:3, 

94:19, 108:13

months - 15:17, 

70:12, 70:24, 91:17, 

133:20

Monty - 67:25

moon - 34:10

moot - 111:21

Morehead - 36:6, 

93:15

morning - 57:10

Morrison - 151:1

mortality - 77:21

Most - 6:14, 49:19, 

115:23

most - 21:18, 28:22, 

30:2, 34:22, 39:23, 

39:24, 53:8, 62:24, 

95:7, 124:11, 137:10, 

139:9, 149:25

mostly - 73:9

mother - 137:4, 

137:10

Mother - 103:24

mothers - 83:16

Mountain - 111:17

mountain - 79:10, 

84:12, 84:19, 130:16, 

130:18, 139:7

mountains - 52:14, 

79:10, 126:1, 130:14, 

136:9, 139:4, 139:23, 

154:5, 154:7

Mountaintop - 

102:6

mountaintop - 13:9, 

46:5, 77:19, 87:13, 

102:10, 103:19, 

104:1, 126:9, 130:19, 

131:24, 148:22, 

150:14

mountaintops - 

80:21

move - 7:5, 10:11, 

15:13, 20:25, 44:3, 

44:16, 44:17, 105:6, 

143:11, 143:13

moved - 60:14, 

129:22

movement - 124:25

Movement - 78:14

moving - 145:3, 

149:25

Mtr - 132:5

muddy - 144:6

Muhlenberg - 

44:23, 44:25

Multiple - 148:8

municipal - 87:16

murdering - 153:3

must - 9:6, 12:7, 

17:14, 23:2, 29:7, 

40:1, 65:2, 71:12, 

 SWORN TESTIMONY, PLLC

2404 Doubletree Court, Lexington, Kentucky 40514

(859) 533-8961

12

71:14, 71:18, 78:2, 

85:15, 85:21, 86:1, 

96:9, 96:11, 96:12, 

99:21, 102:15, 

114:15, 132:19, 

132:21, 139:13, 

143:6, 146:20

mute - 20:25

mutually - 50:2

Myles - 125:19, 

125:20, 149:16

N

name - 2:8, 15:21, 

20:11, 20:19, 23:7, 

25:4, 31:17, 39:9, 

41:18, 43:8, 44:21, 

52:9, 54:2, 55:23, 

57:20, 59:5, 61:2, 

65:21, 67:24, 71:24, 

73:23, 75:19, 75:24, 

78:9, 80:7, 86:19, 

89:3, 91:2, 93:8, 

95:15, 97:16, 98:25, 

101:1, 105:4, 107:4, 

109:1, 115:12, 

117:20, 119:15, 

121:10, 123:11, 

127:22, 133:11, 

137:2, 138:13, 140:7, 

143:21, 147:25, 

148:1, 149:11, 

149:12, 150:25, 

151:13, 155:12

name's - 46:16, 

141:12

named - 159:7

narrative - 19:7, 

19:14

narrowly - 14:7, 

102:16

Naseman - 149:11, 

149:12

nation - 5:24, 25:18, 

30:3, 30:5, 30:9, 

36:12, 40:4, 40:6, 

40:8, 113:15, 114:17

nation's - 69:17, 

74:11, 94:18, 113:19

national - 27:1, 

69:19, 76:24

National - 7:12

nations - 128:8

Nations - 124:23

nationwide - 67:8

Nationwide - 30:24, 

121:1, 121:4

native - 101:9, 

143:23

natural - 69:16, 

72:20, 82:1, 82:22, 

83:3, 100:11, 116:7

Natural - 36:8, 

37:17, 39:14, 39:18, 

46:24, 105:10

naturally - 140:11

nature - 19:12, 

103:23, 103:24, 

104:15

Nave - 25:4

near - 2:14, 48:10, 

48:21, 64:3, 75:5, 

126:9, 141:19, 

142:20, 149:20, 

150:14, 156:10

nearby - 148:11

nearly - 22:15, 

28:21, 60:2, 87:21, 

94:16, 106:2
necessarily - 50:9

necessary - 12:6, 

14:18, 25:25, 72:8, 

86:3, 104:5, 122:16, 

139:18

necessitates - 

104:22

necessities - 117:1

necessity - 115:22

neck - 92:15

need - 2:11, 3:13, 

3:16, 8:15, 12:20, 

12:22, 42:11, 43:3, 

49:22, 54:24, 55:20, 

60:20, 67:21, 80:13, 

81:9, 81:11, 81:12, 

115:1, 115:19, 121:5, 

122:25, 136:15, 

137:23, 138:1, 138:3, 

138:4, 138:7, 139:10, 

139:19, 145:9, 

148:12, 150:18, 

153:5, 153:6, 153:18

needed - 30:24, 

99:6, 117:1

needing - 151:21

needs - 5:24, 25:23, 

26:24, 55:15, 83:7, 

92:22, 140:12, 145:10

negative - 89:14, 

117:9, 140:22, 148:23

negotiated - 91:23, 

91:25, 92:2

neighbor - 34:19, 

35:2, 120:1

neighborhood - 

149:24

neighbors - 144:6

Nelson - 59:5

networks - 124:7

never - 43:15, 

106:6, 121:3, 121:4, 

135:24

new - 8:7, 8:22, 

14:19, 16:22, 18:21, 

25:19, 28:10, 31:3, 

37:22, 38:2, 38:8, 

38:20, 49:8, 59:16, 

61:10, 61:12, 61:15, 

61:19, 61:23, 62:3, 

62:25, 63:4, 66:7, 

66:16, 72:5, 72:6, 

86:25, 89:12, 89:16, 

94:2, 100:14, 100:15, 

109:17, 109:19, 

110:4, 111:5, 111:14, 

114:19, 116:2, 

116:12, 118:7, 118:9, 

118:15, 132:19

newer - 114:7

Next - 11:4, 68:11, 

95:14, 125:18, 

127:21, 129:18, 

131:14, 133:10, 

135:15, 137:1, 

138:12, 140:5, 

141:11, 145:19, 

147:24, 149:9, 

150:24, 151:12, 

153:14

next - 23:6, 34:18, 

75:12, 92:25, 94:17, 

132:23, 141:7, 144:13

nice - 78:21

niece - 144:9, 

144:20

night - 34:23, 55:19, 

129:1, 155:12

Night - 130:20

Nina - 95:15

nine - 119:19, 

133:19, 138:8, 146:6

Nine - 146:5

Ninth - 123:14

nitrogen - 104:12

Nma - 106:12

Noble - 50:14, 50:15

Nobody - 120:19

nobody's - 92:21

nominee - 93:8

noncompliance - 

93:17, 122:20

nonmining - 148:12

nonspecific - 

106:25

Northeast - 64:3

northern - 78:21, 

142:4

notable - 76:12

Notary - 159:4, 

159:18

note - 6:7

notes - 122:12

noteworthy - 17:7

Nothing - 141:21

nothing - 79:16, 

79:24, 119:22, 131:9, 

131:12, 136:3

notice - 38:6, 61:20, 

61:24, 89:18, 118:19

notification - 87:8

notify - 10:5

notifying - 157:23

noting - 87:4

notion - 125:5

novel - 13:19

November - 92:20, 

159:21

nowhere - 48:10

Npdes - 1:2, 7:13, 

7:15, 7:20, 7:25, 8:3, 

8:15, 9:5, 16:1, 16:6, 

16:7, 16:14, 16:16, 

16:20, 16:21, 16:23, 

17:8, 85:25

Number - 27:11, 

29:14, 35:15, 63:18, 

117:12

number - 3:17, 4:6, 

4:14, 4:20, 6:18, 8:10, 

20:3, 20:4, 20:10, 

21:9, 23:6, 25:2, 

31:16, 33:15, 37:9, 

39:8, 41:17, 43:7, 

44:20, 46:15, 46:17, 

52:8, 54:1, 55:8, 

55:14, 55:21, 57:19, 

58:23, 59:9, 59:24, 

63:14, 67:21, 78:8, 

86:21, 89:1, 91:5, 

93:3, 95:14, 97:15, 

100:4, 100:22, 

103:10, 107:3, 

108:25, 109:11, 

109:23, 110:1, 

110:21, 110:24, 

111:18, 113:3, 

115:11, 119:12, 

121:8, 121:9, 121:19, 

137:18, 145:21, 

158:10

numbers - 4:19, 

5:3, 20:6, 80:4, 99:23, 

125:14

numerous - 17:22, 

30:22, 113:24

nurse - 137:16

nursing - 152:21

nutrient - 104:5

O

O'dale - 57:13

Obama - 22:4, 

22:22, 29:21, 30:12, 

30:16, 30:21, 44:7, 

94:6, 94:8, 128:10, 

151:6

Obama's - 22:10

obeying - 26:12

object - 74:22, 

121:13

objected - 6:5, 8:10, 

16:18, 16:19, 121:13

objecting - 148:25

objection - 14:23, 

16:13, 71:13, 84:13, 

87:4, 90:1, 122:5, 

122:11, 122:12

Objections - 1:2

objections - 9:4, 

10:1, 10:4, 10:10, 

10:13, 11:16, 11:24, 

15:25, 17:5, 17:13, 

17:17, 17:25, 18:2, 

18:4, 19:17, 19:23, 

21:15, 22:7, 25:10, 

29:11, 39:3, 44:14, 

46:9, 50:11, 63:3, 

69:13, 76:9, 78:3, 

86:12, 90:7, 90:11, 

90:19, 94:2, 102:24, 

106:19, 107:1, 

111:20, 113:17, 

118:8, 119:9, 121:16, 

138:20, 146:9, 156:5, 

156:24, 157:18, 

157:22

objective - 53:8

objectives - 2:20, 

2:21

obligated - 12:5

obligation - 14:16, 

101:4

obligations - 84:18

observed - 101:11

obsolete - 124:14

obstructing - 30:23

obstructive - 37:24

obtain - 3:16, 

131:20

obvious - 66:19, 

87:25

obviously - 93:19, 

116:3, 130:10

occurred - 16:14, 

32:5, 61:9, 77:17

occurs - 13:10

October - 87:3, 

154:12

odd - 20:4

offender - 22:6

office - 5:14, 25:9, 

25:11, 27:13, 39:12, 

77:24, 130:3

officer - 5:9

offices - 121:19

official - 22:22, 

53:7, 96:23

officials - 24:7, 

26:6, 96:22, 131:1, 

136:17, 150:4, 150:7, 

150:11

often - 114:22

Ohio - 24:12, 38:19, 

57:21, 57:23, 58:23, 

63:25, 66:5, 66:25, 

68:4, 142:4

oil - 42:17, 42:19, 

119:19, 119:20, 

154:9, 154:10

old - 79:12, 141:23, 

149:20

oldest - 79:10

on-line - 3:16, 

67:20, 124:6, 125:2, 

125:4

once - 142:1, 

151:20

Once - 10:4

One - 26:2, 101:23, 

122:3, 140:9, 144:1, 

144:6

one - 14:8, 15:4, 

16:12, 16:21, 25:21, 

28:9, 28:25, 30:2, 

32:4, 33:10, 36:6, 

36:7, 41:12, 43:25, 

47:3, 53:11, 58:5, 

58:23, 59:21, 59:24, 

64:20, 70:5, 83:8, 

85:4, 86:22, 91:5, 

92:19, 92:20, 94:20, 

96:2, 98:7, 101:11, 

110:17, 115:24, 

121:21, 122:5, 122:9, 

125:25, 136:13, 

137:13, 140:18, 

140:20, 141:16, 

143:12, 149:16, 

149:18, 150:5, 

151:25, 152:5, 

152:10, 152:17

one-third - 25:21, 

58:5

ones - 120:17, 

122:5, 152:18

ongoing - 19:19, 

49:15, 132:20

open - 9:21, 51:19, 

57:2

opened - 144:15

opening - 5:7, 11:9, 

20:1

openly - 39:3

operate - 26:14, 

53:21, 58:4, 58:6, 

132:19

operates - 29:24

operating - 13:13

operation - 16:16, 

16:17, 16:22, 42:22, 

64:16, 154:16

operations - 5:22, 

11:17, 11:23, 13:20, 

16:2, 16:11, 28:10, 

75:1, 75:5, 77:7, 

84:25, 91:22, 111:4, 

116:18, 142:23

operator - 43:13

Operators - 91:4

operators - 28:5, 

28:23, 91:7, 92:6, 

92:16, 93:12

operators' - 143:3

opinion - 14:10

opinions - 46:5

opponent - 130:4

opportunities - 

69:16, 104:20

opportunity - 2:7, 

2:18, 4:9, 4:15, 10:21, 

15:24, 19:21, 21:13, 

25:1, 25:2, 25:13, 

35:5, 36:1, 38:10, 

53:23, 61:5, 62:23, 

63:22, 65:7, 75:15, 

75:23, 97:15, 133:13, 

139:9, 143:23

 SWORN TESTIMONY, PLLC

2404 Doubletree Court, Lexington, Kentucky 40514

(859) 533-8961

13

opposed - 29:20

oppressive - 37:23, 

58:15

oral - 7:10, 157:14, 

158:1

orange - 119:21

Order - 65:6

order - 39:25, 93:6, 

113:14

orders - 71:17

Organization - 

124:24, 139:1

organization - 

20:13, 20:19, 28:17, 

74:2, 76:24, 99:4, 

122:3

organizations - 

132:10

organized - 130:24

original - 10:3, 87:2

originally - 129:21, 

132:8

otherwise - 12:13, 

14:14, 159:11

ought - 94:9, 94:11, 

94:14, 128:22, 

136:10, 147:17

ourself - 72:7

ourselves - 137:24

outcome - 159:11

outlets - 132:16, 

132:25

outset - 157:23

outside - 34:16, 

67:17, 85:6

overall - 14:9

overburden - 84:4

overcarbonated - 

80:21

overly - 98:12

overreach - 26:4

overreaching - 

45:16, 45:18

oversee - 99:13, 

99:18, 104:17

overseeing - 12:3

oversight - 15:9, 

26:8, 76:7, 76:11, 

90:5, 99:6, 99:15

overturn - 29:11

overwhelm - 15:6

own - 7:22, 22:2, 

31:6, 50:25, 60:1, 

60:7, 74:14, 74:21, 

74:23, 75:9, 114:6, 

121:24, 140:11, 

145:7, 149:2

owned - 13:10, 

144:20

owner - 68:1

owners - 51:5, 

112:9

owns - 29:24

P

Padgett - 145:23, 

145:24

paid - 58:10, 72:15, 

72:16, 72:18, 90:10, 

105:21, 105:25, 133:2

painful - 106:25

paint - 100:7

Paintsville - 39:16

Panel - 124:11, 

125:3

panels - 81:2

papaw - 151:18, 

151:20

paper - 3:18, 14:10, 
36:2, 125:17

Paradise - 45:3

parameter - 19:6

parent - 35:2, 

129:25

parents - 152:19

parking - 134:24

parks - 58:8

part - 3:24, 7:2, 

7:24, 25:25, 40:1, 

70:17, 70:18, 88:25, 

93:14, 104:3, 125:11, 

128:5, 132:9, 149:25, 

151:18, 151:23

part-time - 93:14

participate - 77:14, 

77:16

participating - 

10:24

participation - 

124:8, 150:10, 

157:12, 158:7

particular - 9:12, 

10:18, 45:9

particularly - 31:8, 

82:8

parties - 50:6, 

159:7, 159:11

partners - 65:9

partnership - 13:1

parts - 68:8, 134:22

pass - 54:6, 127:7

passage - 74:5, 

101:19

passed - 48:3

past - 6:9, 8:9, 

17:21, 39:13, 54:9, 

109:5, 109:6, 114:5, 

130:17, 135:23, 

141:4, 148:15

pastime - 63:8

pasture - 96:9, 

96:10

patience - 157:11

patients - 137:18, 

152:21

Patriot - 132:15, 

132:19, 133:2

Patriot's - 132:18

pattern - 122:19

Patton - 109:2

Paul - 23:8, 23:9, 

127:22, 127:23

pause - 110:10

pay - 52:3, 80:22, 

81:15, 98:2, 98:13, 

108:20, 144:22, 

154:14, 155:22

paycheck - 59:17

paying - 57:25

payroll - 105:20

Pearce - 78:9

peddled - 156:25

pediatric - 137:17

pediatrics - 137:17

penalized - 24:13

pending - 17:18, 

90:19, 99:8

Pennsylvania - 

38:19, 63:25, 66:6, 

66:25

people - 2:5, 2:17, 

3:5, 3:7, 3:15, 4:5, 

4:9, 9:4, 9:16, 14:14, 

21:25, 22:12, 22:20, 

23:16, 23:20, 23:25, 

24:18, 25:1, 28:24, 

33:12, 33:24, 34:6, 

34:8, 34:11, 34:16, 

35:5, 36:16, 37:4, 

37:6, 38:22, 38:23, 

39:1, 41:21, 41:23, 

42:5, 42:6, 43:22, 

46:11, 47:16, 47:17, 

47:22, 50:17, 50:21, 

51:12, 51:23, 52:1, 

52:2, 53:10, 54:7, 

55:5, 55:8, 56:10, 

57:7, 57:15, 58:18, 

60:15, 61:8, 62:20, 

67:15, 67:18, 67:21, 

79:14, 79:16, 81:3, 

81:13, 85:4, 88:2, 

88:13, 94:12, 95:1, 

95:10, 95:22, 95:24, 

95:25, 96:4, 96:19, 

97:14, 97:18, 97:19, 

98:8, 105:19, 107:11, 

108:9, 108:18, 

108:19, 112:21, 

112:22, 112:23, 

115:4, 123:18, 

123:22, 125:23, 

126:8, 126:17, 

128:20, 129:16, 

130:7, 131:5, 132:14, 

137:12, 144:10, 

145:9, 146:11, 

147:13, 147:19, 

148:9, 148:11, 

148:13, 149:13, 

149:16, 150:14, 

150:21, 153:22, 

155:20, 155:25, 156:2

People - 77:23, 

154:19

People's - 152:23

people's - 154:19

Pepsi - 34:11

per - 18:22, 45:8, 

71:6, 73:11

percent - 42:25, 

45:5, 45:6, 64:20, 

68:7, 94:20, 100:5, 

124:21, 139:24, 

156:11, 156:12

perfectly - 23:6, 

46:2

performed - 18:8

perhaps - 90:15

Perhaps - 22:8

period - 9:21, 63:5, 

116:11, 116:19, 141:5

permanent - 104:4, 

125:12

permit - 6:10, 7:15, 

8:9, 10:1, 10:6, 10:17, 

13:6, 15:25, 16:13, 

16:14, 16:16, 16:21, 

17:5, 17:13, 17:16, 

18:3, 18:12, 19:9, 

19:17, 19:23, 20:14, 

20:20, 25:16, 28:4, 

28:9, 29:5, 32:17, 

38:8, 39:3, 47:20, 

50:10, 62:2, 62:8, 

85:12, 85:14, 85:25, 

86:21, 86:24, 87:2, 

87:4, 87:13, 87:23, 

90:7, 90:10, 92:1, 

92:7, 106:18, 108:1, 

108:2, 109:11, 

109:14, 109:23, 

109:25, 110:8, 

110:21, 110:24, 

110:25, 112:2, 

114:19, 118:20, 

121:1, 121:4, 126:23, 

136:18, 142:25, 

146:9, 153:1, 157:18

Permits - 1:2

permits - 6:5, 7:5, 

7:11, 7:12, 7:13, 7:20, 

7:25, 8:4, 8:11, 8:15, 

9:5, 9:6, 9:11, 10:12, 

10:14, 10:20, 11:16, 

11:24, 14:24, 15:13, 

16:1, 16:7, 16:20, 

17:9, 17:23, 21:16, 

25:10, 29:11, 30:23, 

33:3, 33:4, 33:11, 

37:4, 37:5, 37:22, 

38:2, 42:17, 44:14, 

45:17, 46:10, 47:22, 

49:8, 49:11, 54:6, 

58:18, 59:16, 61:12, 

61:23, 69:13, 70:15, 

71:11, 71:14, 72:2, 

72:8, 74:18, 74:21, 

74:22, 76:4, 76:10, 

78:3, 83:21, 84:13, 

85:2, 86:13, 86:22, 

89:12, 90:2, 90:19, 

94:5, 99:17, 100:13, 

102:25, 103:14, 

106:20, 109:7, 109:9, 

110:16, 111:7, 

111:13, 111:15, 

111:16, 111:18, 

111:20, 111:23, 

112:1, 112:5, 112:6, 

112:12, 112:13, 

112:14, 112:17, 

113:23, 114:7, 117:8, 

118:9, 118:16, 

118:23, 119:18, 

121:13, 121:16, 

126:11, 127:2, 127:4, 

127:7, 132:17, 134:3, 

135:21, 136:13, 

138:21, 143:6, 146:9, 

147:8, 149:1, 157:2

permitting - 7:24, 

12:13, 12:17, 18:23, 

22:13, 26:9, 68:17, 

102:1, 106:15, 146:7, 

153:7

perpetuated - 62:24

Perry - 50:15, 51:19, 

72:13, 107:5, 108:7, 

135:16

persecute - 91:8

persecuted - 58:20

perseverance - 

125:16

persists - 75:11

person - 21:18, 

97:5, 97:6, 149:18

personally - 77:1, 

133:18, 134:4

persons - 157:25

pertaining - 131:24, 

132:9

pervert - 96:25

Peters - 11:5, 11:11, 

11:12, 107:14

petition - 32:16

petitioning - 124:9

petroleum - 154:20

ph - 47:1, 54:21, 

57:13, 71:6, 92:14, 

104:7, 120:22, 129:1, 

131:8, 131:11, 

142:20, 146:16

phases - 132:23

philosophy - 22:24

phones - 3:11

phosphorus - 

104:12

photo - 131:7

physical - 74:10

pickled - 34:10

picture - 100:8

pie - 34:11

piece - 14:10, 

125:17

Pike - 46:20, 91:4, 

149:18

Pikeville - 141:17, 

142:20

piles - 131:2

pink - 29:4

pipes - 28:21, 48:2, 

48:6

piping - 140:11

place - 14:1, 38:5, 

40:12, 46:7, 123:23, 

142:12, 154:6

placed - 71:7

places - 126:24

placing - 97:19

plan - 65:5, 124:21

planet - 22:1

plans - 111:21, 

142:12

plant - 12:17, 30:25, 

45:3, 48:20, 48:21, 

48:22, 54:18, 54:21, 

54:22, 56:14, 56:15, 

56:20, 57:2, 79:19, 

153:25

plant's - 64:12

plantings - 77:17

plants - 8:6, 56:23, 

59:19, 72:4, 72:10, 

97:24, 153:23, 154:24

play - 73:3, 137:6

plea - 104:24

plentiful - 82:9

ploy - 156:3

plus - 17:21

Pm - 1:10, 4:18, 

158:14

Pmj - 97:24

point - 8:22, 9:23, 

17:7, 30:13, 39:4, 

55:17, 68:19, 101:23, 

102:11, 109:8, 

124:20, 127:10, 

132:6, 153:16

points - 72:7, 

131:22

poison - 155:17

poisoned - 79:2

police - 58:7, 131:8

policies - 11:22, 

21:24, 72:21, 73:14, 

90:14, 102:16, 149:16

policy - 26:1, 33:23, 

34:13, 45:11, 46:1, 

46:4, 50:7, 66:2, 88:3, 

91:11, 104:1, 113:5, 

124:12, 125:4

policymaker - 

33:19, 36:16

political - 12:12, 

29:8, 50:6, 50:16, 

53:21, 66:1, 67:11, 

68:21, 75:9, 86:14, 

124:7, 130:2, 142:15, 

146:17, 146:23

politicians - 104:16, 

150:6

pollutant - 7:7, 

7:20, 59:24

Pollutant - 7:12

pollutants - 6:24

pollute - 58:11, 

58:12

polluted - 76:14, 

 SWORN TESTIMONY, PLLC

2404 Doubletree Court, Lexington, Kentucky 40514

(859) 533-8961

14

83:19, 141:25, 148:7

polluting - 81:10

pollution - 5:18, 

6:20, 7:16, 9:7, 9:8, 

48:2, 76:18, 78:1, 

84:11, 84:25, 99:17, 

113:21, 126:22, 

127:3, 132:16, 

132:23, 132:24, 

138:21, 150:16, 

152:14, 152:17, 

152:22, 153:1

Pollution - 152:14

pond - 52:18, 52:19

ponds - 52:16, 72:6, 

87:19, 109:18, 110:5, 

111:6, 111:14, 144:24

poor - 8:24, 71:5, 

71:7, 97:6, 156:17

Pop - 57:11

pop - 34:9

population - 156:12

porch - 144:2

posed - 90:15

poses - 84:11, 90:5

position - 24:11

positively - 127:25

possible - 2:17, 3:7, 

4:9, 12:8, 20:9, 21:4, 

27:8, 35:14

possibly - 42:23

post - 135:4

post-active - 135:4

posted - 10:8

potential - 18:7, 

18:9, 18:14, 75:1, 

90:9, 122:14, 122:16

poverty - 116:23, 

126:4, 126:20, 130:18

power - 30:25, 33:7, 

40:7, 40:24, 42:25, 

56:20, 56:23, 57:2, 

59:19, 64:11, 64:13, 

74:22, 79:19, 98:17, 

98:18, 108:20, 128:6, 

143:3, 149:21

Power - 72:18, 

81:24

powered - 49:4

powerful - 75:9, 

96:3, 96:6, 96:24

powers - 30:15, 

40:14, 98:15, 123:18, 

128:17

practice - 61:22, 

116:22

practices - 6:10, 

6:14, 8:25, 19:3, 38:4, 

84:15, 84:21, 84:22, 

116:15, 156:9

Pratt - 129:20

precious - 82:1

precipitation - 

109:13, 109:25, 

110:23

precisely - 99:20, 

132:1

preparation - 8:6

prepare - 136:15

prepared - 23:11, 

67:16, 71:11, 93:3

preparing - 20:12

present - 29:18, 

82:9, 140:16

presently - 76:5, 

109:16, 110:3, 

110:25, 111:4

President - 22:10, 

23:21, 24:4, 30:12, 

30:15, 31:18, 32:15, 
44:7, 66:22, 95:9, 

151:6

president - 43:17, 

47:19, 61:3, 71:25, 

91:3, 105:5, 105:8, 

107:7, 109:2

President's - 67:3

presidential - 

66:20, 92:18

presiding - 5:9

pressing - 139:9

pressure - 127:6

Pressure - 155:7

pressures - 86:14

prettiest - 60:12

pretty - 141:22, 

151:17

prevent - 6:22

preventing - 14:22

preview - 69:2

previous - 95:19

previously - 16:16, 

16:17, 90:4

priced - 65:4

prices - 22:21, 

26:16, 34:3

Pride - 28:16

Pride's - 28:22

primarily - 18:5

primary - 118:4

principle - 11:20, 

34:13

principles - 40:12

priorities - 50:2

pristine - 78:23

private - 81:6, 

97:17, 112:9, 155:23

privately - 13:10

privately-owned - 

13:10

pro - 28:14, 63:10

problem - 47:25, 

95:4, 95:10, 154:8, 

154:9

problems - 6:22, 

84:12, 113:22, 

126:19, 154:25

procedures - 18:16, 

18:23, 38:11, 61:15, 

89:21, 100:4, 158:3

Procedures - 45:22, 

91:12, 93:17, 118:21

proceed - 8:8, 33:2, 

63:3

proceedings - 

159:6, 159:8

process - 4:3, 4:24, 

5:6, 7:24, 10:24, 

12:11, 12:21, 13:21, 

14:23, 22:13, 28:4, 

33:4, 102:1, 106:15, 

114:18, 123:5, 

136:18, 136:20, 

144:15

processes - 14:22, 

64:12

processing - 

110:25

produce - 43:24, 

49:5, 60:22, 64:20

produced - 45:1, 

105:14, 105:17

producer - 36:12, 

59:10, 105:13, 105:16

producers - 54:16

produces - 45:5, 

45:6, 56:2, 57:23, 

58:3, 58:5

producing - 30:14, 

31:23, 31:24, 37:13, 

46:18, 52:13, 54:19, 

54:25, 59:6, 91:5

production - 13:24, 

36:7, 50:8, 90:18, 

102:18

products - 49:5

Professional - 1:23

professional - 

65:22, 101:2, 101:4

professor - 146:3

profit - 84:2, 104:20

profound - 40:16

program - 13:14, 

14:17, 16:6, 16:23, 

62:2, 75:14, 85:25, 

86:1, 99:14, 99:19, 

115:14, 115:15, 

124:23

programs - 12:4

progress - 64:21, 

74:6

prohibit - 146:18

prohibited - 123:20, 

128:19

project - 124:19

projects - 8:5, 8:8, 

8:14, 49:9, 62:19, 

63:3, 77:16

prolonged - 62:12

promisee - 45:17, 

46:3

promote - 65:15

promulgated - 26:6

pronounce - 54:20

proof - 22:7, 94:5

properly - 122:22

property - 87:22, 

144:10, 144:20, 145:7

propose - 128:13

proposed - 16:8, 

16:13, 16:16, 16:19, 

17:22, 18:8, 74:25, 

109:16, 109:18, 

111:21, 114:7

prosecutor - 36:8

prospect - 21:21

prosperity - 50:1

protect - 6:11, 7:7, 

7:17, 12:6, 12:8, 13:2, 

14:18, 29:6, 42:5, 

50:4, 65:14, 71:14, 

74:13, 75:8, 77:25, 

82:6, 85:20, 85:23, 

86:10, 103:18, 

113:12, 113:14, 

113:20, 113:21, 

115:4, 127:5, 127:8, 

137:23, 137:24, 

138:6, 139:6, 156:21

Protecting - 77:12

protecting - 31:13, 

53:19, 81:17, 83:3, 

84:14, 132:3

protection - 12:4, 

13:3, 13:20, 31:12, 

113:10, 121:20

Protection - 1:1, 

5:14, 11:8, 15:23, 

21:14, 27:19, 31:22, 

32:7, 32:9, 32:13, 

36:9, 49:6, 74:12, 

91:20, 146:5

protections - 114:6, 

129:5

protestors - 60:5

protocol - 13:21, 

49:11, 71:7

Protocol - 125:1

proud - 28:22, 

34:24, 37:13, 37:18, 

48:18, 59:10, 61:3, 

64:4, 64:21, 73:18, 

78:11, 83:7, 98:21, 

101:12

proudly - 49:18

provide - 15:24, 

19:21, 21:13, 80:15, 

94:5, 101:17, 101:25, 

113:9, 122:15, 

122:17, 138:3

provided - 8:2, 

9:20, 10:7, 17:22, 

23:19, 76:6, 102:7, 

106:2, 114:5, 157:25, 

158:2

provides - 7:25, 

45:3, 49:24, 62:11, 

94:13, 94:15, 94:16

providing - 19:22, 

26:21

provision - 114:15

provisions - 13:13, 

31:25, 86:9, 90:3, 

101:25

proximity - 26:19

prudent - 39:21

public - 5:16, 9:21, 

17:6, 18:4, 38:5, 38:6, 

45:11, 50:3, 52:5, 

53:7, 62:13, 66:2, 

74:13, 75:8, 91:14, 

101:5, 102:2, 113:15, 

115:22, 121:15, 

131:21, 156:4, 157:5, 

158:9

Public - 1:1, 1:9, 

50:14, 63:20, 89:4, 

98:25, 121:9, 143:17, 

153:15, 155:6, 155:8, 

155:10, 158:14, 

159:5, 159:18

pull - 141:20

punish - 43:18

punished - 24:14

punishing - 44:11, 

98:5

pure - 82:9, 134:18

purified - 140:15

purpose - 6:3, 29:1, 

66:9

pursuing - 45:25

pursuit - 40:21, 

41:6

pushed - 96:16

Put - 48:6

put - 22:3, 24:6, 

25:6, 33:12, 51:12, 

52:5, 56:18, 81:4, 

82:24, 129:12

puts - 94:9

putting - 22:19

Q

quality - 6:12, 7:8, 

7:17, 7:23, 9:3, 14:9, 

17:11, 18:11, 19:7, 

19:14, 26:20, 57:24, 

61:10, 65:3, 70:11, 

74:13, 76:8, 76:21, 

77:4, 77:12, 85:1, 

85:17, 85:22, 85:25, 

86:10, 89:16, 99:19, 

104:21, 109:21, 

114:7, 121:25, 

132:21, 134:5, 134:6, 

143:5, 153:20, 

156:16, 156:17

quarrel - 96:4

quarter - 64:10

quarterly - 84:2

questionable - 69:9

questions - 158:7

quit - 44:7, 44:8, 

152:1

quite - 2:5, 55:25, 

97:13, 114:13, 117:3, 

142:16

quote - 65:8, 65:11, 

71:8, 103:20

R

Racey - 63:20

radical - 23:1

rail - 34:1, 35:18

raise - 50:18, 

153:16

raised - 129:25, 

130:1, 142:3

raises - 66:10

raising - 5:4

ramifications - 

117:9

Rand - 23:8

range - 79:11

ranging - 16:10

ranking - 35:21

rapidly - 103:4

rate - 50:25, 69:7, 

98:1

rates - 30:4, 34:4, 

77:20, 126:18, 

126:20, 148:10, 

156:10

rather - 26:5, 89:18, 

119:6

Rather - 12:17

rational - 15:9

ravaged - 96:20

raw - 87:17

re - 54:19, 67:3

re-election - 67:3

reach - 10:16, 

15:14, 52:19, 158:8

reaching - 10:19

read - 14:10, 25:5, 

122:5, 128:5, 128:16, 

130:10, 131:6

readily - 65:3

ready - 53:14, 

63:15, 80:6

reaffirm - 10:3, 

10:12, 76:9, 79:8, 

79:25, 121:15, 156:23

reaffirming - 86:12

real - 51:25, 64:21, 

73:16, 155:25

reality - 114:13

realize - 35:7

really - 35:11, 52:1, 

60:19, 97:4, 125:7, 

129:15, 132:9, 

137:23, 138:1, 

145:13, 147:21, 

153:19, 154:23, 

155:2, 157:8

realtime - 6:21

realtors - 22:16

reason - 10:16, 

24:1, 38:22, 47:25, 

73:4, 92:8, 108:18, 

108:21, 119:17, 

144:5, 146:8, 148:20

reasonable - 18:7, 

18:9, 18:13, 63:5, 

75:1, 116:10, 116:12, 

122:13, 122:16

reasonably - 12:8, 

12:23, 13:5

 SWORN TESTIMONY, PLLC

2404 Doubletree Court, Lexington, Kentucky 40514

(859) 533-8961

15

reasons - 50:16

receive - 9:12, 

11:15

received - 8:15, 

10:1, 87:8, 157:13, 

157:16

receiving - 16:23, 

19:13

recent - 25:18, 

76:16, 94:20, 97:25, 

106:12, 114:3, 116:1, 

116:2, 132:15

Recent - 8:20

recently - 22:23, 

61:18, 116:17, 119:25

recession - 38:16

reclaim - 14:2, 

120:14, 135:5, 142:23

reclaimed - 83:24

Reclamation - 

13:12, 101:20

reclassify - 31:4

recognize - 5:22, 

5:24, 14:15, 26:24

recognized - 115:21

recognizes - 119:2

recommend - 75:11

recommending - 

74:17

record - 3:24, 

23:12, 25:7, 69:6, 

69:7, 89:1, 122:19, 

125:12, 135:6, 

145:20, 157:19

records - 52:5

recourse - 14:24

recover - 38:15

recreation - 114:12

redefined - 102:9

redesigning - 6:17

redirect - 48:5

redress - 32:15, 

33:9

reduce - 6:18, 68:20

reduced - 64:19, 

117:9, 159:7

reduction - 124:21

referred - 45:24

referring - 20:15, 

149:4

reflects - 51:4

refuse - 75:10

refused - 122:15

refusing - 53:17

regain - 69:15

regard - 9:13, 17:5, 

31:11, 53:21, 74:15

Regarding - 1:2

regarding - 11:24, 

12:2, 15:25, 89:12, 

91:25, 123:25, 

149:15, 157:18, 158:3

region - 9:4, 15:4, 

38:20, 45:4, 62:25, 

77:5, 77:10, 99:2, 

150:22

Region - 11:14, 

15:11, 91:25, 158:9

regional - 5:14, 

5:15, 10:1, 98:3, 

157:21

regions - 102:17, 

102:20

register - 67:19

registered - 3:5, 

3:16, 4:5, 10:7, 65:22, 

145:21, 146:3

Registered - 1:23

registration - 3:23, 

21:6, 67:22, 88:24
regret - 29:17

regrets - 27:14

regrettably - 95:3

regularly - 77:14, 

77:16, 84:23

regulate - 76:23, 

91:11, 128:8

regulated - 12:20, 

12:21, 14:25, 32:1, 

91:12

regulating - 97:2

regulation - 26:15, 

30:18, 31:3, 32:22, 

33:1, 52:24

regulations - 12:6, 

12:10, 12:19, 13:4, 

13:7, 14:1, 14:17, 

17:2, 17:3, 17:8, 

17:15, 17:24, 18:17, 

25:19, 26:6, 27:20, 

30:25, 38:3, 38:21, 

45:13, 45:23, 46:7, 

49:14, 56:17, 56:22, 

57:1, 58:15, 59:20, 

65:6, 73:15, 91:13, 

97:21, 98:13, 98:18, 

98:19, 98:20, 116:2, 

120:9, 123:3, 127:4, 

131:24, 132:13, 

149:4, 157:21

Regulators - 12:19

regulators - 12:21, 

103:15, 104:17

regulatory - 14:20, 

16:25, 17:2, 17:3, 

18:22, 22:5, 22:9, 

22:23, 26:3, 28:6, 

35:1, 68:15, 84:23, 

90:21, 106:23

Regulatory - 105:9

rein - 88:2

reinforce - 153:6

reinterpretation - 

102:12

reinvested - 26:23

reiterate - 78:15

reject - 13:6

rejecting - 38:2

relate - 6:5

related - 59:15, 

76:8, 113:22, 159:11

relating - 121:20

Relations - 63:20

relative - 34:20

release - 38:2, 

47:20, 47:21, 144:22, 

145:12

released - 144:16

reliable - 39:24, 

49:4, 95:1

rely - 22:17, 53:7, 

154:23, 155:1

remain - 8:12, 25:25

remained - 18:1

remains - 7:2, 8:16, 

17:18, 21:22

remarks - 5:7, 11:9, 

20:1, 157:6

Remember - 75:22, 

152:24

remembers - 

101:24

remind - 67:20

removal - 13:9, 

87:13, 102:6, 126:9, 

131:24, 148:22, 

150:15

remove - 28:21, 

46:9, 153:21

removed - 109:10

renewable - 80:11, 

81:7

renewables - 13:25

renewal - 72:5, 87:1

replace - 43:1, 

61:15

report - 70:18

Reporter - 1:23

Reporter's - 159:1

reports - 99:12, 

114:2

represent - 35:17, 

39:1, 41:21, 43:9, 

46:17, 47:16, 48:15, 

52:10, 59:5, 75:25, 

78:13, 81:23, 95:17, 

97:18, 99:1, 112:23, 

127:14

representative - 

98:4

Representative - 

39:10, 39:16, 41:19, 

44:22, 46:20, 46:21, 

47:14, 47:15, 48:14

Representatives - 

29:19

representatives - 

95:5, 124:10, 137:25

representing - 

20:13, 21:11, 37:11, 

39:10, 72:1, 76:2, 

78:10, 86:20, 89:7, 

117:23

represents - 93:11

Republican - 21:12, 

48:17, 93:8

request - 19:17, 

20:22, 27:3, 27:7, 

62:18, 123:24

requested - 18:20, 

25:8, 62:15, 91:18

require - 7:5, 49:3, 

71:18, 104:15, 116:8, 

143:4

required - 7:14, 

64:19, 75:3, 85:23, 

87:7, 122:13

requirements - 

14:17, 14:20, 17:1, 

17:2, 17:4, 18:12, 

18:17, 18:22, 19:1, 

19:3, 19:4, 19:5, 19:7, 

19:9, 19:11, 32:1, 

38:9, 61:11, 61:15, 

61:19, 61:24, 62:4, 

63:1, 63:5, 68:17, 

69:18, 89:16, 90:22, 

116:16, 118:16, 

118:18, 157:20

requires - 7:20, 

71:19, 85:16, 85:19

research - 49:15, 

102:8, 115:16, 124:7, 

125:2

reserved - 123:21, 

128:19

residents - 76:16, 

132:4

Resolution - 48:3

resolution - 18:1, 

19:19

resolve - 17:25, 

62:14, 65:13

resource - 69:17, 

115:24, 141:2

Resources - 36:8, 

37:17, 39:14, 46:24, 

105:10, 111:17

resources - 12:7, 

25:24, 82:1, 82:6, 

82:22, 83:3, 115:5, 

118:3

respect - 14:15, 

18:3, 18:6, 18:15, 

18:24, 21:3, 22:24, 

143:6

respected - 84:2, 

106:23

respectfully - 

19:16, 27:2, 37:3, 

42:10

respectively - 

123:21, 128:20

respond - 24:1, 

24:17, 24:25, 42:23, 

43:2, 70:4, 75:20, 

79:25, 81:5, 81:16, 

83:11, 84:22, 85:8, 

86:15, 88:18, 151:9

responded - 25:11

responding - 62:17

responds - 26:18, 

27:2, 27:23, 28:1, 

28:4, 30:11, 36:17, 

36:21, 42:2, 42:20, 

56:25, 57:4, 57:8, 

60:9, 68:16, 72:9, 

78:5, 80:17, 81:10, 

83:9, 85:7, 88:10, 

88:16, 112:20, 

125:24, 128:1, 

129:13, 133:15

response - 122:25, 

131:25, 150:6

responsibilities - 

62:22

responsibility - 

14:16, 24:16, 50:4, 

53:11

responsible - 12:3, 

13:15, 42:8, 83:2, 

101:15, 105:22, 

124:12

rest - 11:1, 23:20, 

56:2, 69:5, 96:10, 

96:11

restaurants - 56:3

restore - 74:9, 

77:16

restricted - 135:20

restrictions - 4:17

result - 26:16, 

66:13, 89:20, 117:3, 

118:13, 126:17

resulted - 17:16, 

148:22

resulting - 118:23

results - 59:20, 

114:17, 122:1

retained - 56:14, 

123:17

retaining - 144:24

retains - 74:22

retired - 65:23, 

137:11

retiree - 146:4

retirees - 64:23

retribution - 92:11

return - 80:17

returned - 78:20

revealed - 99:12

revelations - 76:16

revenue - 58:6, 58:7

revenues - 68:7

reverse - 41:8

reversing - 51:7

review - 2:21, 4:3, 

8:1, 61:12, 91:15

reviewing - 85:2, 

85:12

revise - 14:16

revised - 10:14, 

111:21, 111:25

revision - 49:14

revisions - 89:22

revoke - 157:1

Revolution - 40:5

Revolutionary - 

40:11

rhetoric - 13:8, 15:5

rice - 79:5

rich - 96:3, 96:6

Rick - 59:5, 70:2, 

115:12

rid - 120:12

riding - 88:13

Ridley - 37:11

Rights - 40:20

rights - 40:22, 41:4, 

41:10, 41:11, 41:12, 

106:8, 123:16, 150:19

rings - 97:5

Rio - 54:21

rise - 93:25

risk - 72:7, 75:6, 

150:15

River - 42:19, 48:8, 

76:14, 109:3, 121:23, 

139:25, 141:25, 153:2

river - 35:17, 54:14, 

152:15, 152:16, 

153:25

Rivers - 56:7, 56:9

rivers - 8:19, 48:7, 

79:5, 79:11

road - 135:5, 149:23

roads - 70:24, 145:5

Robert - 33:16, 

130:17, 145:23

Robin - 35:16

rock - 66:9

rod - 141:17

Roger's - 27:13

Rogers - 27:14, 

27:18, 28:13, 29:10

role - 2:16, 73:3

Romans - 24:8, 

107:11, 129:10

Rome - 24:9

room - 56:4, 63:15, 

107:16, 140:17

roommate - 152:7

roots - 139:3

rosy - 100:8

rows - 59:18

royalties - 112:9

Rpa - 18:7, 18:16, 

19:6, 87:5

Rpr - 1:22, 159:4, 

159:18

rubber - 100:13, 

100:15, 121:3

rubber-stamp - 

100:15

rubber-stamped - 

121:3

rubber-stamping - 

100:13

ruined - 70:14

rule - 42:22, 45:15, 

129:4

rulemaking - 14:21, 

36:20, 89:19

rules - 2:22, 28:7, 

35:4, 38:1, 42:9, 

56:17, 120:18, 135:11

ruling - 85:13

rulings - 26:4

run - 79:12, 130:2

running - 34:25, 

 SWORN TESTIMONY, PLLC

2404 Doubletree Court, Lexington, Kentucky 40514

(859) 533-8961

16

51:19, 51:22, 134:16, 

135:6, 142:5

runoff - 8:24, 60:2, 

109:13, 109:25, 

110:23, 134:10, 

141:21, 142:22

runs - 33:22, 135:1

rural - 152:6

Rusty - 117:20

rusty - 77:5

Ruth - 103:11

S

sacred - 79:13

sacrificed - 66:24

sacrificing - 148:13

sad - 52:4

safe - 2:19, 55:5, 

82:12, 126:14, 

126:15, 126:24, 

126:25, 135:19, 

137:14, 139:17, 

139:21, 149:6

safeguard - 53:4, 

84:19

safety - 36:7, 53:22, 

101:5, 139:6

sale - 68:8

salesmen - 34:8

salinity - 86:4

salts - 8:24

Sam - 80:7

Samantha - 151:13

sanctioned - 150:17

Sandy - 76:14, 

139:25

sanitary - 146:7

Santa - 152:6

sat - 34:18, 78:23

satisfactory - 132:2

save - 58:13, 96:19

saw - 60:13, 100:6, 

101:19, 137:18, 152:8

scaring - 142:7

scars - 126:2

scary - 149:23

scattered - 96:18

scheduling - 25:12

school - 28:18, 

36:2, 152:20

schools - 56:2

science - 14:7, 

31:11, 67:11, 67:12, 

86:5, 87:20, 100:19, 

103:1, 103:2, 103:22, 

103:23, 140:21

Science - 104:3

scientific - 12:24, 

31:6, 84:24, 117:6, 

141:6

scientist - 101:7, 

136:11

scientists - 102:23, 

103:2

Scott - 11:7, 15:21, 

15:22, 94:17

scraped - 23:18

screen - 20:18

scrubbers - 56:11

seal - 159:14

seam - 151:24

seat - 2:2

seated - 2:14

seats - 2:4

Sebree - 79:17, 

79:19, 79:23

second - 18:24, 

20:6, 31:13, 35:21, 

46:3, 70:5, 88:9, 
100:2, 100:3, 105:16, 

106:16, 132:6, 132:8, 

151:19, 155:24

second-ranking - 

35:21

secondary - 34:7, 

87:24

secondly - 18:11

secret - 28:2

Secretary - 11:5, 

11:11, 11:12, 36:23, 

107:14, 107:17

Section - 19:15, 

128:2, 128:5

secure - 2:19, 40:22

securing - 117:1

security - 27:1, 

69:19

Sediment - 8:23

See - 117:17

see - 2:14, 20:17, 

23:15, 23:16, 34:18, 

55:18, 67:21, 73:3, 

97:13, 102:19, 136:2, 

136:4, 155:11, 155:17

seeing - 148:17

seek - 64:17

seem - 153:22, 

155:19, 155:20, 

156:19, 156:21

sees - 55:17

selenium - 79:3, 

104:14, 132:20, 

140:10

self - 40:18, 45:25

self-centered - 

45:25

self-evident - 40:18

selling - 34:9

sells - 34:10

Senate - 21:12, 

31:19, 32:15, 33:18, 

35:20, 48:4, 129:2

Senator - 21:11, 

23:8, 23:9, 33:17, 

35:16, 37:11

Senatorial - 37:12, 

38:24

send - 10:14, 129:3

sending - 76:24

sense - 6:10, 

137:20, 143:20, 145:9

sent - 76:25

separate - 53:1, 

155:24

separately - 77:1

separation - 98:15

September - 90:7, 

90:11

serious - 84:11, 

90:6, 94:1

seriously - 32:11, 

157:16

servant - 50:3

serve - 37:13, 

37:16, 48:18

served - 39:13

serves - 62:6

Service - 109:3

service - 2:12, 68:8, 

68:12

services - 55:16, 

73:9

serving - 39:12, 

39:17

session - 2:9, 

21:16, 23:10

sessions - 98:12

Set - 60:20, 60:22

set - 3:6, 3:12, 6:9, 

22:11, 23:5, 40:11, 

53:8, 92:25

sets - 52:23, 126:13

settlement - 132:19, 

154:14

seven - 106:20

several - 99:1, 99:4, 

128:9, 128:15, 

132:11, 144:16, 

145:6, 145:7

severance - 26:22, 

33:21, 49:17, 51:21, 

58:10, 72:15, 90:9, 

112:8

sewage - 87:17

sewer - 51:22

sewers - 48:7, 

80:24, 87:17

shaft - 151:22

shall - 123:16, 

128:6

shameful - 28:12

shamefully - 62:12

Shannon - 123:11

share - 2:18, 13:1, 

72:11, 139:15, 149:2, 

151:17

sheep - 96:12, 

96:21

sheet - 3:17

Shelby - 121:2

shift - 28:7

shifts - 124:17

ship - 54:14

shirt - 151:8

shirts - 148:17

shop - 50:19

shopping - 60:14, 

134:23

shorelines - 51:18

short - 55:6, 82:20, 

151:18

short-term - 82:20

shot - 127:17

shoulder - 96:16

show - 2:25, 21:2, 

24:2, 70:6, 102:25, 

116:19

showing - 35:12, 

84:24, 103:5

shown - 24:3, 

76:22, 77:18, 136:20, 

148:9

shutdown - 28:3, 

50:20, 50:21, 67:9, 

72:4, 129:3, 144:14

shutdowns - 69:11

shuts - 50:21

shutting - 22:14, 

69:7, 97:23

sic - 96:8

sick - 57:12

side - 95:23, 

140:20, 140:21, 

151:24

siege - 22:4, 22:8

Sierra - 70:3, 74:1, 

76:1, 78:10, 84:11, 

121:17, 121:18, 

121:19, 155:13

sign - 2:10, 131:7

signature - 47:10, 

159:14

significant - 75:6, 

89:22, 114:18, 131:21

significantly - 77:20

signs - 77:6

silence - 24:18

silenced - 24:19

silt - 77:11, 142:13

similar - 90:12

simple - 123:24

simply - 13:5, 15:16

Simply - 17:1, 22:3, 

82:24

single - 60:4, 62:7, 

95:6, 100:14, 124:4, 

151:22

singled - 122:18

singling - 24:11

sink - 152:9

sisters - 97:3

sit - 56:4, 77:24, 

107:15

sit-ins - 77:24

site - 19:12, 45:1, 

49:21, 56:14, 56:15, 

71:7

sites - 71:5, 76:17, 

77:20, 83:24, 126:9, 

130:22, 149:21

sitting - 28:24, 

144:2, 147:4, 158:4

situation - 127:13, 

132:10

six - 68:19

size - 6:18

skyrocketing - 50:9

slick - 145:13

slide - 158:10

slime - 145:13

slip - 29:5

slow - 42:16

slow-walking - 

42:16

sludge - 95:20, 

119:21, 131:2, 

144:16, 144:22

slurries - 131:3

small - 25:22, 51:3, 

66:21, 120:4, 130:2, 

138:3

Smaller - 132:25

Smcra - 36:2, 36:4, 

101:20, 101:24, 

102:3, 109:13, 110:24

smell - 154:20

Smith - 29:15

Smoot - 27:12

social - 32:2, 32:4, 

49:23, 124:7

Social - 138:25

society - 101:14, 

101:16

soft - 147:16

soil - 49:21, 66:9, 

69:1, 69:3, 82:8, 

130:15

solar - 81:2, 81:7

Solar - 81:14

sold - 56:23, 56:25

solids - 19:8, 68:24, 

104:8

solution - 15:12, 

95:11, 112:24

Someday - 153:8

someone - 3:3, 

12:3, 55:17

Somerset - 137:3

sometime - 114:13

somewhat - 147:19

somewhere - 56:6, 

57:3

son - 34:23, 58:24

sons - 50:19

soon - 141:2

Sorry - 11:9, 85:3, 

110:6

sorry - 79:14, 85:10, 

97:9, 125:5, 125:10, 

133:6, 133:8, 140:1, 

140:4, 147:25, 151:8

sought - 53:11

sound - 117:6

source - 7:19, 

25:17, 25:20, 39:24, 

119:3, 119:6, 144:8

sources - 6:24, 9:2, 

13:24, 39:22, 70:22, 

84:14, 152:16

southeastern - 

59:7, 68:4

southern - 28:18, 

29:9, 68:3

Southern - 31:20

sovereignty - 45:20

Spalding - 98:3

spawn - 124:24

Speaker - 21:10, 

23:7, 25:4, 27:12, 

29:15, 31:15, 31:17, 

33:15, 33:16, 35:16, 

37:8, 37:10, 39:8, 

39:9, 41:17, 41:18, 

43:7, 43:8, 44:19, 

44:21, 46:14, 46:16, 

48:12, 48:14, 50:14, 

52:8, 52:9, 54:1, 54:2, 

55:21, 55:22, 57:18, 

57:20, 59:2, 59:4, 

60:25, 61:2, 63:19, 

65:19, 65:21, 67:23, 

67:24, 70:1, 70:2, 

70:8, 71:23, 71:24, 

73:22, 73:23, 75:18, 

75:19, 75:24, 78:8, 

78:9, 80:6, 80:7, 

81:20, 81:22, 83:14, 

83:15, 84:7, 84:8, 

85:11, 86:18, 86:19, 

88:21, 89:1, 89:3, 

90:25, 91:2, 93:4, 

93:7, 95:15, 97:16, 

98:23, 98:25, 100:22, 

100:24, 101:1, 103:8, 

103:10, 103:11, 

105:2, 105:3, 105:8, 

107:3, 107:4, 108:24, 

109:1, 110:9, 110:14, 

110:17, 110:21, 

111:12, 113:2, 113:4, 

115:8, 115:10, 

115:12, 117:14, 

117:16, 117:19, 

119:13, 119:15, 

121:8, 121:9, 123:10, 

123:11, 125:8, 

125:19, 127:22, 

129:20, 131:15, 

133:7, 133:11, 

135:16, 136:24, 

137:2, 138:13, 140:7, 

141:12, 143:17, 

143:21, 145:17, 

145:20, 145:23, 

147:25, 149:11, 

150:25, 151:13, 

153:15, 155:6, 155:8, 

155:10

speaker - 3:17, 

21:1, 23:6, 35:10, 

78:16, 95:14, 97:15, 

121:9, 125:18, 

127:21, 129:18, 

131:14, 133:10, 

135:15, 137:1, 

138:12, 140:6, 

141:11, 143:16, 

145:19, 145:21, 

147:24, 149:10, 

 SWORN TESTIMONY, PLLC

2404 Doubletree Court, Lexington, Kentucky 40514

(859) 533-8961

17

150:24, 151:12, 

153:14, 155:5

speakers - 2:25, 

20:3, 21:3, 35:12, 

63:14, 70:6, 75:22, 

85:9, 93:1, 143:10, 

143:19

speaking - 20:15, 

20:20, 20:23, 83:16, 

117:21, 121:11, 122:2

special - 122:20

Special - 37:18

specific - 6:24, 

9:13, 14:4, 18:3, 

18:25, 19:12, 20:14, 

20:20, 21:15, 87:3, 

131:22

Specifically - 18:19

specifically - 74:9, 

102:6, 116:18

specified - 19:13, 

70:15

speech - 130:10

spell - 20:11

spelled - 125:20, 

149:12

Spencer - 48:16

spend - 95:18

spending - 130:3

spent - 35:20, 

48:25, 73:8, 105:24, 

120:13, 130:4

spill - 131:3, 154:18

spilled - 154:10

spills - 154:9

spit - 23:22

sponsors - 28:23

spring - 28:20, 

144:5

staff - 4:22, 5:4, 

15:11, 20:7, 63:18, 

147:8

stage - 31:9

staggering - 90:15

stakeholders - 

103:21

stamp - 100:15

stamped - 121:3

stamping - 100:13

Stan - 43:8

stance - 150:8

stand - 2:13, 24:16, 

24:19, 36:15, 50:6, 

55:16, 57:5, 71:13, 

81:13, 86:5, 92:12, 

115:8, 119:9, 127:16, 

127:19, 130:8, 

138:19, 148:5, 149:7, 

150:20, 153:5

standard - 14:6, 

19:7, 67:5, 101:17

standards - 7:23, 

17:12, 18:11, 19:14, 

25:15, 26:13, 28:7, 

75:3, 83:10, 85:17, 

85:19, 85:22, 86:4, 

114:7, 114:16, 

116:10, 116:12, 

116:17, 143:5

Standing - 59:8

start - 2:4, 5:20, 

20:7, 20:17, 20:21, 

29:3, 110:19, 111:8, 

120:25, 123:14

started - 2:3, 78:24, 

107:15, 124:18

Starting - 21:8

starting - 17:17, 

38:15

State - 23:8, 31:19, 
31:20, 32:15, 33:17, 

33:18, 36:6, 37:10, 

39:10, 41:19, 44:22, 

48:14, 79:1, 85:1, 

85:11, 85:16, 93:16, 

99:19, 105:16, 159:2, 

159:18

state - 11:19, 12:10, 

14:24, 17:11, 17:15, 

17:24, 20:11, 24:10, 

24:12, 25:11, 25:14, 

26:17, 27:25, 31:23, 

31:24, 32:9, 33:22, 

35:23, 37:16, 39:4, 

40:14, 41:11, 43:18, 

43:19, 44:1, 44:2, 

44:3, 44:5, 44:11, 

44:16, 44:17, 45:6, 

50:22, 53:3, 53:16, 

53:17, 58:14, 58:21, 

65:10, 71:15, 72:15, 

74:14, 74:17, 74:19, 

74:20, 76:19, 77:15, 

77:25, 85:21, 85:24, 

89:8, 90:10, 90:18, 

91:5, 94:10, 94:12, 

99:15, 99:18, 103:15, 

104:17, 105:22, 

105:25, 113:11, 

114:2, 114:8, 114:20, 

115:5, 118:20, 

126:15, 134:23, 

136:16, 136:20, 

137:13, 137:24, 

138:17, 142:11, 

142:21, 142:24, 

143:4, 144:13, 146:3, 

149:14, 150:11, 

150:17, 153:19, 

154:24, 155:18

state's - 12:4, 26:8, 

38:14, 41:7, 59:9, 

62:18, 75:13, 76:11, 

85:20, 89:6, 114:6, 

114:9, 118:3, 157:1

State-at-large - 

159:18

statement - 4:6, 

4:10, 20:22, 23:11, 

29:16, 58:23, 86:6

statements - 4:5, 

4:8, 4:12, 4:16, 5:1, 

5:7, 24:24, 88:24, 

158:1

states - 30:2, 33:8, 

38:19, 41:9, 66:11, 

66:17, 66:21, 66:24, 

67:2, 67:6, 68:10, 

68:20, 97:25, 98:9, 

122:18, 122:20, 

123:3, 128:9, 128:15, 

132:2, 143:5

States - 21:12, 

23:22, 24:4, 25:21, 

45:7, 55:2, 123:19, 

123:20, 123:21, 

128:18, 128:19, 

128:20, 141:3

statewide - 117:22, 

139:2

station - 131:8

statistics - 137:21, 

140:20

status - 118:11

stay - 11:4, 25:24, 

120:24, 147:10, 

147:16

staying - 147:20

steam - 45:3

Steel - 63:21, 63:23

steel - 33:25, 63:23, 

64:8, 64:18, 64:20, 

142:5

Steel's - 64:2

Steele - 46:17

Steiner - 81:22, 

81:23

step - 20:10, 57:5, 

75:12, 77:25, 106:25, 

157:1

stepped - 74:12

steps - 51:7

Steve - 11:14, 

101:1, 138:13, 151:4

stewards - 26:10

stick - 146:10

sticker - 103:24

stickers - 148:17

sticking - 125:16, 

157:10

stifled - 30:16

still - 2:5, 15:17, 

87:11, 97:13, 99:8, 

102:22, 112:14, 

114:8, 125:12, 136:1, 

136:4, 152:19, 155:11

stinkin' - 137:7, 

137:9

stinks - 147:19

Stivers - 33:16

stole - 131:8

stolen - 131:9

stood - 130:8, 152:3

stop - 12:14, 20:23, 

23:2, 51:20, 69:2, 

85:4, 95:6, 97:2, 

104:24, 106:10, 

106:14, 106:22, 

148:12

stopped - 51:14, 

107:23, 144:6

stopping - 127:3

store - 34:10, 51:5, 

68:6

stories - 151:17

storm - 16:9, 134:25

story - 151:20, 

152:5

straight - 28:21, 

48:2, 48:6, 140:11

strange - 87:12

strangled - 68:18

strangulating - 

27:19

strangulation - 

30:17

stream - 19:13, 

66:13, 70:12, 71:3, 

134:11, 134:15, 

135:19, 137:13, 

141:19, 145:11

streams - 8:19, 

28:22, 55:1, 59:25, 

60:3, 70:14, 70:16, 

70:20, 70:21, 71:3, 

71:12, 72:6, 77:5, 

77:6, 77:9, 79:11, 

80:20, 82:14, 83:19, 

84:12, 84:16, 84:19, 

104:4, 104:6, 142:14, 

144:19, 155:17

street - 52:17, 

133:24

Street - 1:16

stretched - 128:4

stricter - 114:8

strides - 116:14

stringent - 7:21

strip - 52:14, 54:9, 

120:20, 130:21, 

135:2, 154:7

stripped - 120:21

strive - 38:12

strong - 9:6, 84:24, 

86:5, 88:11, 127:16, 

138:19, 149:7, 153:5

strongly - 32:14, 

49:7, 69:12, 90:18, 

102:7, 106:21, 117:8

struck - 149:17

structure - 108:16

struggles - 95:18

struggling - 26:17

studies - 8:21, 

12:24, 15:3, 71:1, 

77:18, 103:5, 148:8

study - 51:17

stuff - 120:6

stupid - 137:24

style - 134:2

sub - 134:25

subcommittee - 

37:18

subdivisions - 

134:24

subdrains - 135:2

subject - 6:6, 8:12, 

17:6, 17:9, 18:4, 

25:19

submit - 4:11, 

42:10, 88:22, 88:24, 

123:9, 125:10, 133:9, 

140:2

submitted - 73:25, 

86:24, 87:7

submitting - 105:10

subsequent - 

114:20, 133:1

subsidiaries - 

34:22, 105:17, 106:21

subsidiary - 86:20

substantial - 67:2

succeed - 22:19, 

118:7

success - 40:5

successes - 40:8

successful - 10:19

sue - 11:20, 127:9

suff - 119:8

suffer - 119:8, 

148:10

suffered - 62:21, 

156:10

suffering - 21:19, 

120:17

sufficient - 76:6, 

85:22

suggestion - 

124:13

sulfates - 104:9, 

104:11

sulfuric - 104:10

summarize - 70:17

summed - 22:23

sunny - 144:4

super - 40:7

superfund - 146:6

supervision - 159:8

supervisor - 147:6

suppliers - 105:25

supplies - 34:9, 

49:1, 76:15, 105:24

Supply - 68:1, 

68:11, 69:22

supply - 29:25, 

100:10, 118:11

Support - 84:4

support - 12:5, 

39:1, 47:8, 59:12, 

66:24, 72:25, 76:3, 

83:9, 86:8, 103:13, 

106:3, 113:16, 

124:20, 139:17, 

139:25, 145:8, 146:8

supporter - 37:19

supporting - 37:15, 

45:13

supports - 25:21, 

62:12, 68:9, 86:5

supposed - 35:3, 

120:9, 136:18

supposedly - 98:11, 

154:21

Surely - 152:10

surely - 116:24

surface - 8:4, 11:17, 

13:6, 13:8, 13:20, 

16:22, 28:10, 36:7, 

36:9, 45:18, 46:1, 

56:16, 61:13, 62:5, 

62:9, 66:8, 70:9, 

70:11, 70:21, 74:16, 

75:5, 76:8, 77:11, 

84:20, 84:25, 102:4, 

102:10, 108:2, 114:1, 

118:9, 118:17, 

119:23, 148:8, 

148:14, 155:17, 156:8

Surface - 13:11, 

101:19

surrogate - 14:8

surrounding - 

156:8, 156:11

Survey - 141:3

survey - 60:1

survive - 38:12

Susie - 137:3

sustain - 72:8

sustainability - 

124:25

sustainable - 

139:11

sustaining - 112:14

sustains - 8:25

Swan - 70:21

Swan's - 70:17

sweet - 146:24

sweet-cut - 146:24

swim - 137:14, 

152:15, 153:10

swimming - 7:18

swing - 52:23, 67:1, 

144:3

sworn - 22:10

symbolic - 88:14

System - 7:13

system - 131:25, 

154:17

systematically - 

74:14

systems - 68:25, 

132:20

T

table - 3:23, 21:6, 

67:22, 88:25, 112:16

tables - 94:10

tactics - 38:13

talker - 110:15

tap - 150:1, 152:11, 

152:20, 154:19, 

154:21

taps - 154:20

target - 6:23, 68:19

targeted - 47:19, 

116:16

Task - 36:22

task - 156:20, 

156:21

 SWORN TESTIMONY, PLLC

2404 Doubletree Court, Lexington, Kentucky 40514

(859) 533-8961

18

taught - 92:9

tax - 33:21, 108:16, 

112:8

taxes - 26:23, 

33:21, 49:17, 51:13, 

72:15, 72:16, 106:1, 

128:6

taxonomically - 

71:5

taxpayer - 124:18

Tech - 103:4

technical - 76:25, 

105:10

technicalities - 

147:7

technically - 124:14

techniques - 6:22

technology - 

124:17, 153:23

teens - 47:24

temporarily - 127:2

ten - 35:20, 132:17, 

137:11

Tennessee - 45:2, 

66:6, 67:1

tens - 16:7, 38:25

tensions - 104:19

Tenth - 123:14, 

124:9, 128:12, 128:16

term - 25:24, 36:18, 

39:12, 82:20

terms - 20:16

terrible - 61:6, 

137:20

terribly - 82:18

Terry - 21:10

test - 136:7

tested - 48:9, 70:25, 

119:24, 150:2

testified - 36:3

testing - 70:9, 

117:17

Texas - 107:9, 152:7

thanking - 5:20

themselves - 

155:22

there'd - 111:3

thereafter - 159:7

thereby - 113:21

therefore - 11:25, 

17:14, 143:1

They've - 23:17, 

60:3

they've - 23:18

thin - 42:22

thinking - 78:24

third - 25:21, 56:24, 

56:25, 58:5, 100:10, 

105:13

third-world - 56:24, 

56:25

Thomas - 5:17, 78:9, 

92:21, 158:4

thorn - 129:12

thorns - 129:7

thousand - 97:21, 

99:1, 130:5

thousands - 15:1, 

16:7, 34:16, 38:25, 

51:2, 51:4, 53:10, 

59:14, 64:23, 69:20, 

76:17, 83:18, 83:20

threat - 90:6, 90:15

threaten - 9:2

threatened - 8:20

threatens - 118:10

three - 28:11, 37:13, 

37:14, 46:18, 57:2, 

70:14, 71:5, 72:2, 

87:11, 88:13, 94:13, 
109:7, 109:8, 109:9, 

110:16, 111:7, 

111:13, 111:16, 

112:4, 112:5, 112:6, 

112:12, 112:14, 

119:25, 132:18, 

145:11, 151:17, 154:4

threw - 152:1

thriving - 49:23

throughout - 77:4, 

77:15

thrown - 90:1

tight - 142:9

Tim - 113:4

time's - 88:9

timely - 19:20, 

142:24

timer - 20:17, 20:21

timing - 24:25

Tinto - 54:21

tobacco - 101:10

Today - 21:13, 59:12

today - 11:23, 

15:25, 17:6, 23:10, 

27:15, 27:18, 28:24, 

35:19, 36:15, 37:2, 

39:15, 39:20, 40:25, 

43:12, 51:20, 52:4, 

64:10, 75:6, 88:8, 

89:10, 115:19, 

117:21, 126:10, 

127:16, 127:18, 

131:6, 131:7, 139:8, 

142:6, 155:18

today's - 30:18

Today's - 11:18

toe - 146:10, 

146:20, 147:10

together - 104:23, 

104:25, 109:6, 146:19

Toilet - 131:8

Tom - 57:12

tomorrow - 88:14

ton - 64:20

tonight - 2:7, 2:16, 

2:19, 3:6, 3:15, 3:22, 

4:4, 4:16, 9:18, 21:4, 

25:2, 35:14, 37:20, 

41:23, 42:13, 45:9, 

47:4, 47:8, 53:7, 

53:13, 54:5, 55:23, 

56:4, 63:10, 72:22, 

74:7, 81:24, 88:11, 

91:6, 92:6, 93:25, 

94:4, 99:25, 105:4, 

105:12, 109:4, 

112:18, 112:21, 

113:16, 114:23, 

114:25, 122:4, 122:6, 

127:25, 129:8, 

137:21, 143:19, 

143:23, 148:5, 153:18

tonight's - 2:3, 2:9, 

5:10, 121:15

tons - 64:15, 

105:15, 105:18

took - 70:12, 

108:14, 108:15

tool - 7:15

top - 119:20, 125:25

total - 19:8, 111:2, 

112:7, 112:11

Total - 73:8

Tourism - 48:17

towering - 52:20

town - 154:5

Townsend - 54:2, 

54:3

toxic - 95:20

toxicity - 19:2

toxins - 142:13

Toyota - 30:8, 73:5, 

94:16

toys - 52:22

Trace - 29:24

trade - 89:7, 107:22, 

107:23, 107:24, 

117:23, 123:25

trained - 121:23

transcribed - 3:25, 

157:15

Transcript - 1:9

transcript - 20:12, 

159:8

transcription - 4:1, 

159:7

transition - 63:4, 

139:10, 139:12, 

139:16, 148:15, 

156:22

transitions - 101:22

Transportation - 

39:18

transportation - 

22:17

traveled - 47:14, 

141:15

tread - 96:9

treat - 73:18, 

135:10, 152:14

treated - 56:15, 

109:12, 109:24, 

110:22

treating - 95:9

treatment - 12:17, 

132:20, 153:23, 

153:25, 154:15, 

154:24

tree - 77:17

trees - 135:6

tremendous - 

59:22, 77:13, 102:5

tribal - 65:10

tribes - 128:9

tried - 27:24, 144:25

trip - 141:16

trodden - 96:13

troubling - 95:7

truck - 34:8

trucks - 73:4, 145:5, 

149:23

true - 14:13, 47:3, 

128:21, 141:5, 159:6, 

159:8

truly - 61:4, 63:6

Truman - 135:16

trust - 23:25, 24:1, 

24:3, 24:7, 32:24, 

73:18

Trust - 133:4

truth - 149:21

truthful - 53:8

truths - 40:18

try - 3:4, 3:7, 4:8, 

20:8, 27:7, 96:3

trying - 28:6, 52:1, 

52:2, 139:4, 143:19

turbines - 56:22

turmoil - 90:1

turn - 3:12, 10:25, 

147:9, 157:5

turned - 125:21, 

144:4, 157:9

turning - 22:12, 

80:23, 80:24, 154:19

twice - 147:18

two - 2:20, 4:8, 6:9, 

8:9, 12:1, 17:21, 18:5, 

20:21, 20:23, 36:5, 

40:6, 46:18, 48:18, 

49:8, 50:18, 52:15, 

52:16, 54:23, 59:9, 

61:18, 62:7, 66:24, 

68:5, 70:12, 87:19, 

92:6, 94:20, 95:17, 

95:21, 108:9, 108:11, 

111:15, 115:24, 

120:3, 125:6, 129:2, 

131:22, 132:23, 

133:19, 139:23, 

140:4, 140:9, 143:10, 

143:12, 143:14, 147:4

two-year - 49:8

type - 125:22

tyranny - 98:16

Tyrone - 48:20

U

Udall's - 36:4

ugly - 126:2

Uk - 103:3, 137:16

ultimately - 15:16

ultra - 36:18

unable - 9:18, 

76:22, 124:14, 136:21

unacceptable - 67:4

unaffordable - 31:1

unalienable - 40:20, 

41:4

unavailable - 18:21

uncertainty - 68:14

unconscionable - 

94:24

unconstitutional - 

88:7

uncovered - 99:10

under - 8:8, 22:4, 

22:22, 26:14, 29:7, 

36:22, 69:8, 74:6, 

84:18, 89:19, 111:23, 

112:1, 117:8, 127:6, 

159:8

Under - 114:9, 

132:18

underemployed - 

94:21

undergone - 14:20

underground - 8:5, 

36:6, 52:13, 102:13

unduly - 86:23

unelected - 50:7

unemployed - 

21:21, 94:21

unemployment - 

26:16, 94:19, 116:23

unfair - 38:11, 69:9, 

73:16

unfortunately - 

150:7

Unfortunately - 

15:16, 21:16, 118:8, 

126:6, 139:21

unhealthy - 82:25, 

156:18

union - 25:22

Union - 37:14

united - 50:6

United - 21:12, 

23:22, 24:4, 25:21, 

45:7, 55:2, 123:19, 

124:22, 128:18, 141:3

University - 36:6, 

70:13, 93:16, 103:2, 

115:14

unjustifiable - 

37:25

unknown - 8:23

unless - 79:7

unnecessary - 26:7, 

26:15

unprecedented - 

11:18, 11:19

unreasonable - 

39:3, 106:24

unwarranted - 

73:16

unwilling - 136:21

unworkable - 31:1

up - 2:4, 2:13, 9:22, 

11:8, 20:10, 20:17, 

20:23, 22:23, 24:16, 

24:19, 28:20, 34:5, 

41:10, 41:12, 47:16, 

47:24, 48:6, 55:16, 

57:2, 57:5, 58:2, 

58:17, 72:4, 77:25, 

88:9, 92:12, 92:13, 

98:17, 100:5, 101:10, 

105:7, 110:19, 

113:19, 117:4, 

119:20, 125:22, 

126:8, 126:13, 127:2, 

127:11, 129:23, 

130:8, 132:25, 137:5, 

138:9, 142:4, 144:15, 

144:25, 145:3, 147:1, 

147:3, 150:1, 150:20, 

152:3, 156:19, 156:21

upcoming - 66:20

update - 14:17

upfronted - 126:2

upgraded - 154:16

upholding - 26:12, 

150:19

upper - 4:6, 147:14

upset - 57:9

upstream - 141:22

upwards - 28:19

urge - 65:12, 75:7, 

86:11, 90:18, 150:22, 

156:23, 156:25

urged - 149:3

urging - 138:19

Usa - 58:25

uses - 7:18, 64:10, 

114:11, 140:20, 

140:21

usual - 139:14, 

150:13

usurped - 36:19

usurping - 45:11

usurps - 128:14

utilities - 48:19, 

72:19

utilize - 85:19, 

119:5

utilized - 61:17

utter - 37:21

V

vacation - 155:23

validates - 137:19

valley - 66:15, 

104:4, 104:6

Valley - 45:2

valuable - 48:22, 

49:19, 69:16

value - 49:21

values - 139:15

vanishing - 82:14

variances - 32:1, 

36:25

Vasquez - 1:22, 

159:4, 159:18

vegetable - 52:23

vendors - 73:10

via - 19:9

vibrant - 7:2

 SWORN TESTIMONY, PLLC

2404 Doubletree Court, Lexington, Kentucky 40514

(859) 533-8961

19

vibrate - 3:12

vice - 105:5, 105:8

Vice - 46:23, 48:17

vicious - 147:8

view - 124:13, 

127:10

vigorous - 106:10

violated - 45:20, 

45:21, 114:14

violating - 99:16

violation - 18:10, 

75:2, 91:11

violations - 7:22, 

76:18, 132:21

vires - 36:18

Virginia - 38:19, 

66:5, 66:6, 66:21, 

67:1, 67:11, 68:4, 

68:21, 69:8, 103:4, 

132:8, 132:9, 132:15, 

133:4

Virginians - 69:21

visible - 77:6

visit - 154:6

visiting - 78:20

vital - 25:25, 69:19

vitality - 82:23

voices - 88:8

Voices - 99:1

volunteer - 70:3

volunteers - 28:20, 

28:23

vote - 43:18, 43:20, 

66:22

voted - 66:21, 

92:17, 128:12, 129:2

votes - 29:18, 67:2, 

92:19, 130:5

vs - 106:12

vulnerable - 62:25

W

waged - 29:21

wages - 72:14, 

73:11, 105:21, 112:10

waging - 88:1, 94:7

Waide - 41:18, 

41:19

wait - 2:7, 4:24

waited - 91:17, 

111:14

waiting - 4:23, 

87:11, 112:16

walk - 155:16

walked - 34:15, 

34:23, 145:10

Walker - 68:1, 69:22

walking - 42:16, 

51:6

Wallace - 84:8, 84:9

Walton - 127:24

wanton - 84:21

wants - 22:25, 

23:22, 23:24, 24:5, 

28:25, 43:13, 107:10, 

142:10

War - 40:11

war - 22:9, 29:20, 

30:20, 88:1, 94:7, 

95:7

warming - 124:1

warning - 96:2

Wars - 40:6

Washington - 23:9, 

27:15, 36:5, 47:19, 

59:14, 92:1

Wasson - 98:25

waste - 31:5, 84:17

Wastewater - 
109:18

wastewater - 16:8, 

109:12, 109:24, 

110:23, 111:25

Watch - 121:22, 

121:23

watched - 146:23, 

152:9

watching - 144:3, 

149:5

water - 6:12, 6:25, 

7:7, 7:11, 7:16, 7:17, 

7:19, 7:23, 9:3, 12:7, 

12:16, 14:9, 16:9, 

17:11, 18:10, 19:7, 

19:14, 43:14, 45:19, 

47:4, 48:1, 49:21, 

51:18, 51:22, 52:25, 

53:1, 53:2, 53:4, 53:6, 

55:5, 56:12, 56:13, 

56:17, 58:12, 61:10, 

70:8, 70:10, 71:15, 

73:25, 74:13, 74:21, 

75:3, 76:7, 76:15, 

76:21, 77:4, 77:12, 

80:14, 80:18, 81:17, 

82:8, 82:16, 83:10, 

83:17, 84:15, 85:1, 

85:17, 85:22, 85:25, 

86:4, 86:10, 89:16, 

96:11, 97:2, 99:11, 

99:13, 99:17, 99:18, 

108:4, 113:5, 113:7, 

114:6, 115:1, 115:3, 

116:6, 119:23, 

119:25, 120:2, 

120:23, 121:20, 

121:25, 126:6, 

126:14, 126:25, 

127:5, 130:15, 

132:17, 132:21, 

132:24, 134:5, 134:6, 

134:15, 134:16, 

134:25, 135:1, 135:3, 

135:19, 135:20, 

136:8, 138:10, 

139:19, 139:21, 

140:14, 140:15, 

143:5, 144:3, 144:18, 

145:1, 148:8, 148:13, 

149:6, 150:2, 150:5, 

150:12, 150:19, 

150:21, 152:9, 

152:11, 152:12, 

152:19, 152:20, 

153:9, 153:20, 

153:22, 153:23, 

153:25, 154:8, 

154:10, 154:12, 

154:15, 154:19, 

154:21, 154:24, 

155:15, 155:17, 

155:20, 156:4, 156:5, 

156:16, 156:17, 

156:21, 157:2

Water - 5:13, 7:14, 

7:19, 8:3, 8:18, 10:5, 

10:11, 10:14, 11:16, 

13:12, 26:10, 31:25, 

36:22, 38:10, 43:16, 

44:8, 49:10, 49:11, 

53:18, 61:23, 61:25, 

62:14, 74:5, 74:24, 

75:4, 76:6, 78:4, 

78:18, 82:9, 84:18, 

85:18, 86:9, 87:9, 

89:12, 90:3, 90:21, 

101:25, 103:16, 

111:24, 113:18, 

114:10, 118:16, 

118:23, 122:13, 

122:23, 126:12, 

126:17, 131:18, 

135:23, 137:10, 

137:12, 138:22, 

142:2, 150:8, 150:11, 

153:6, 153:7, 156:20, 

157:20

Water's - 60:1

watering - 145:1

waters - 6:23, 9:14, 

17:12, 74:11, 86:12, 

109:20, 109:21, 

109:22, 114:3, 

114:11, 132:3

Waters - 86:2

Watershed - 121:22, 

121:23

watershed - 87:15, 

87:16, 139:25

waterways - 9:2, 

48:8, 77:2, 77:15, 

80:24, 82:3, 83:7, 

85:20, 85:23, 113:10, 

113:12, 113:20, 

114:20

Waterways - 113:6, 

113:24

waving - 80:5

ways - 64:17, 119:5

weak - 96:17

weaken - 27:25

wealthy - 155:21

Webb - 35:16

website - 4:2, 10:9, 

158:9

Webster - 37:14, 

54:4, 54:17

week - 14:11, 21:17, 

142:19

weeks - 61:18, 

119:25, 129:2

welcome - 21:13, 

31:21, 35:18, 61:4

welfare - 59:18, 

63:7, 101:5, 104:18, 

131:5, 148:6

well-being - 37:24, 

73:12, 116:4

wellness - 49:25

wells - 77:9, 82:13

west - 44:25, 54:15

West - 39:11, 66:4, 

66:20, 67:10, 68:4, 

68:20, 69:8, 69:21, 

103:4, 132:8, 132:9, 

132:15, 133:4

western - 37:12, 

44:4, 54:4, 54:7, 

54:16, 54:25, 56:8, 

57:22, 79:18

wet - 141:20

whatsoever - 47:25, 

87:17, 135:9

Whayne - 68:1, 

68:11, 69:22

Whereof - 159:13

whistle - 147:1

White - 78:20

white - 125:17

Whitesburg - 154:3, 

154:21, 155:13

whole - 19:1, 57:6, 

58:25, 120:14, 125:4

wholly - 118:17

wide - 96:18

widespread - 32:2, 

32:4

wild - 79:5

wildlife - 135:6, 

135:7

Williams - 31:17, 

31:18

willing - 13:17

Wilshire - 36:23

win - 66:24

winning - 40:6

wish - 3:15, 73:1, 

73:19, 76:3

withdraw - 10:3, 

10:10, 19:17, 32:17, 

39:2, 44:13, 50:10, 

69:12, 75:12, 90:19, 

106:24

withdrawing - 63:2

withdrawn - 111:17

withheld - 86:23

Witness - 159:13

witnessed - 77:5, 

77:10

Woe - 133:12

woman - 96:5, 

110:12

women - 29:9, 

44:15, 63:24, 64:22, 

68:6

won - 40:11, 

128:24, 132:11

wonder - 52:19, 

135:25

wonderful - 154:5

Woods - 143:22

word - 92:9

words - 40:16, 

57:25

worker - 147:12

workers - 22:17, 

105:22, 134:9, 139:7, 

148:15

workforce - 89:9

works - 50:19, 

51:24, 72:12

Works - 64:2, 64:8, 

64:10, 64:14, 64:23, 

65:1, 65:2

world - 41:13, 45:2, 

54:6, 54:24, 56:24, 

56:25, 57:3, 69:5, 

69:18, 79:11, 122:8, 

125:23, 126:4, 126:7, 

126:10, 126:14, 

127:12, 138:9, 139:12

World - 40:6, 124:23

worried - 5:25, 60:6

worry - 79:2, 100:12

worse - 94:22

worst - 22:6

worth - 84:3

worthy - 24:3

wound - 128:4

write - 83:21

writing - 4:12, 9:19, 

97:11, 125:11, 140:2

written - 3:21, 7:10, 

9:22, 19:22, 21:5, 

23:11, 70:16, 86:6, 

122:1, 123:9, 133:9, 

157:15, 157:25

wrongful - 33:6

wrongs - 62:24

wrote - 36:1, 98:11

Y

y'all - 52:4

year - 25:9, 27:21, 

39:17, 43:20, 45:8, 

47:2, 49:8, 62:17, 

68:11, 73:11, 74:3, 

77:24, 100:9, 108:11, 

 SWORN TESTIMONY, PLLC

2404 Doubletree Court, Lexington, Kentucky 40514

(859) 533-8961

20

143:25, 149:20, 

155:22, 156:15

years - 6:9, 8:9, 

8:23, 12:1, 16:15, 

17:21, 23:17, 25:18, 

27:17, 28:11, 34:22, 

35:20, 38:5, 39:13, 

40:4, 47:12, 49:12, 

53:10, 56:8, 59:12, 

61:17, 62:7, 68:12, 

76:16, 76:21, 87:11, 

100:7, 101:8, 106:5, 

111:15, 114:4, 116:2, 

119:4, 119:18, 

119:19, 120:13, 

121:18, 123:2, 123:5, 

126:21, 132:24, 

135:8, 137:11, 139:4, 

141:4, 141:15, 146:5, 

146:6, 147:4, 147:6, 

152:5, 154:4

yellow - 3:17, 4:7

Yonts - 44:22, 120:1

young - 130:9, 

137:16, 149:13, 

149:16, 149:18

youngest - 137:17

your-all's - 146:8

yourself - 47:5, 

51:10, 51:11

youth - 150:20, 

152:7