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73 <br /> 1 Edhibit D, correct? 1 A. I have. <br /> 2 A. Correct. 1 2 Q. And was -- was the size of the Carey <br /> 3 Q. And to the right we have what is 13 Pond the same as in your previous inspections? <br /> 4 Photo Number 2 in your July inspection report 4 A. No. It was larger. It was fresh -- <br /> 5 referencing the June inspections, correct? 5 there was freshly excavated material stockpiled, and <br /> 6 A. Correct. 6 I would estimate it was about twice its normal size. <br /> 7 Q. What is the picture on the right 7 Q. In your previous inspections at the <br /> 8 of? 8 site, had you ever seen water in this pond? <br /> 9 A. That's a picture of an east/west 9 A. I have never seen water in the Carey <br /> 10 ditch that flaws to the west towards -- you can see 10 Pond before. <br /> 11 sore excavated material here. That's what we refer 11 Q. Next let's take a look at — it's <br /> 12 to as the Carey Pond. On that date I had never seen 12 slaw. Sorry. Next let's take a look at Photo <br /> 13 the pond that big. It was excavated to about twice 13 Number 4 fron your inspection report. First, the <br /> 14 its normal size. This was water flowing into that 14 photo on the left, does that provide any indication <br /> 15 pond. 15 as to where this -- the photo on the right was <br /> 16 Q. In the -- is there any excavation on 16 taken? <br /> 17 the photo on the left as to where this photo was 17 A. Yes. Again, you can see the white <br /> 18 taken? 18 arrow, and that's the direction I'm facing. I'm <br /> 19 A. Yes. If you look carefully, you can i19 looking back south. This (indicated) was a ditch <br /> 20 see that white arrow we put there. I was standing 20 that ran to the north off of the east/west lateral <br /> 21 right at the tip of that arrow looking at a little 21 ditch. <br /> 22 road that crossed the ditch. The road didn't go 22 Q. The picture on the right, what is <br /> 23 very far. So I'm right at the point looking west 23 this a picture of? <br /> 24 where you see the white arrow there. 24 A. That's a picture standing at a point <br /> 25 Q. In your previous inspections at this 25 where the ditch did a 90-degree sharp turn back to <br /> 73 75 <br /> 1 site, had you ever seen water in this ditch 1 the west, and it was right at the point where I <br /> 2 before? 2 named this a subsurface hole. <br /> 3 A. I have not ever seen water in that 3 Q. Okay. In your previous inspections <br /> 4 ditch before. It was in relatively poor repair, 4 at this site, had you ever seen this particular <br /> 5 usually with tumbleweeds, and -- and I've never seen 5 trench? <br /> 6 water flawing in it. 6 A. No. This -- this was a newly dug <br /> 7 Q. Were you given any indication as to 7 trench. I had never seen it before, and you can see <br /> 8 how long the water had been running at this location 8 the new excavated material right there, freshly laid <br /> 9 in the ditch? 9 on the vegetation. <br /> 10 A. I was. I asked Mr. Fontanari how 10 Q. And you can also see the -- can you <br /> 11 long this water had been flowing here, and he told 11 also see the Carey Pond in this photo? <br /> 12 me four weeks approximately at approximately 4 cfs. 12 A. Yes. At the top of the photo is <br /> 13 Q. Next let's take a look at Photo 13 excavated — newly excavated material from the Carey <br /> 14 Number 3 in your inspection report. I guess first, 14 Pond. <br /> 15 is there any reference on the photo at the left as 15 Q. Okay. Next let's take a look at <br /> 16 to where this picture was taken? 16 Photo Number 5 from your inspection report. But <br /> 17 A. Yes. Again, a white arrow here i17 first, is there an indication on the map on the left <br /> 18 (indicated). We are right at the location where the 18 as to where this photo was taken? <br /> 19 water from the ditch entered into the Carey Pond. 19 A. Yes, sir, with this white arrow. And <br /> 20 Q. Now, in reference to the picture on 20 I'm looking in the way the arrow is pointing. <br /> 21 the right, what is this a picture of? 21 Q. The picture on the right, what is <br /> 22 A. That is what we refer to as the Carey 22 this a picture of? <br /> 23 Pond. 23 A. This is a picture of that northward- <br /> 24 Q. And had you -- had you observed the 24 trending infiltration trench -- I named it in my <br /> 25 Carey Pond in your previous inspections? 25 inspection report -- that went to the north up here <br /> 74 76 <br />