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81 <br /> 1 direct that water down around the toe, and we 1 back to your first photo of what we call -- or <br /> 2 installed a flume. 2 what's been referred to as the Fontanari trench. I <br /> 3 I believe -- I'm not certain if we 3 think it's on page 4 of your outline. <br /> 4 measured it on that day, but we did measure it to be 4 A. Okay. <br /> 5 a 60 gallons a minute. So there was serious safety 5 Q. During that inspection and any of <br /> 6 and health concerns with a catastrophic failure of 6 your subsequent inspections that you just described, <br /> 7 the backfill. 7 did you witness water being applied to lands? I <br /> 8 Q. Did the Division request 8 moan being taken out of the ditch and being applied <br /> 9 Mr. Fontanari to stop the flaw of the water in the 9 to beneficial use on pastureland or otherwise? <br /> 10 ditch from Rapid Creek? 10 A. On the June 11 inspection? <br /> 11 A. Yes. On that day I placed a phone 11 Q. Yes. <br /> 12 call to Mr. Fontanari after our inspection, and I 12 A. No. <br /> 13 asked him to stop the water flow. 13 Q. Anytime thereafter? <br /> 14 Q. After June 17 when was your next 14 A. No. <br /> 15 inspection of the area at issue? 15 Q. All right. And to give the Board a <br /> 16 A. June 24. 16 sense of the amount of water that Mr. Fontanari <br /> 17 Q. What did you observe during the June 17 represented to you had been diverted, could you <br /> 18 24 inspection? 18 convert that amount of 4 cubic feet per second for <br /> 19 A. Very similar conditions. Saturated 19 approximately 30 days -- <br /> 20 conditions up to 7 feet on the portal backfill, and 20 A. Correct. <br /> 21 we put a stake there to mark that and then monitor 121 Q. -- into acre feet and give the Board <br /> 22 that. Flow had subsided slightly in the ditch -- I22 a sense of how much water was placed down this hole <br /> 23 not the ditch here -- coning out here (indicated), 23 without application of beneficial use? <br /> 24 and the water had, indeed, been turned off up above 24 A. Yes. I did a simple calculation of 4 <br /> 25 that had been flowing down this east/west, partially I25 cfs over a month period of time that equates to <br /> -- - 81 - - --- 83 -- <br /> 1 up the infiltration trench and in the Carey Pond. 1 roughly 166 acre feet of water. To give you a sense <br /> 2 That water had been shut off. 2 of what that would look like, an acre -- a square <br /> 3 Q. Lastly, after Mr. Fontanari shut off 3 acre on the ground, you knew, 166 feet tall. <br /> 4 his water from the ditch, did the amount of 4 Q. Okay. <br /> 5 saturation at the south portal continue to 5 A. A lot of water. <br /> 6 decrease? 6 Q. All right. Another quick question <br /> 7 A. It did, and we monitored that. 7 for you as the director of the coal Division. I'd <br /> 8 Snowcap Coal Company personnel monitored it on a 8 like to direct you to Rule 4.05.16 of the coal <br /> 9 daily basis for a period of time, and by 9 rules. I got you a copy of that there. <br /> 10 September -- if I recall correctly, my inspection of 10 A. 4.05.16? <br /> 11 September 22, 2014, things had returned to normal. 11 Q. Yes. Generally what does that rule <br /> 12 MR. SCHULTZ: Thank you, Mr. Boulay. 12 address and prohibit an operator, for example, from <br /> 13 At this time, this concludes the Division's 13 doing? <br /> 14 presentation. Is there any questions from the Board 14 A. This is a rule regarding discharge of <br /> 15 or from the parties? 15 water into an underground mire. Basically it states <br /> 16 MR. SINGLETARY: Any questions? If 16 that an operator shall not discharge water into an <br /> 17 there's no questions, we'll move on on the agenda. 17 underground mining unless specific conditions are <br /> 18 MS. VAN NOORD: I think they have 18 mt. <br /> 19 cross-examination. 19 MR. JUSTUS: Okay. Thank you. <br /> 20 MR. JUSTUS: We have 120 No more questions fran Snowcap. <br /> 21 cross-examination questions. 21 MR. BECRWITH: May I? <br /> 22 MR. SINGLETARY: Okay. 22 MR. SINGLETARY: Yes. <br /> 23 DW41NATION 23 EXANIINATION <br /> 24 BY MR. JUSTUS: 24 BY MR. BECRITH: <br /> 25 Q. Mr. Boulay, would you please turn 25 Q. Mr. Boulay, would you go back on your <br /> 82 I 84 <br />