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89 <br /> 1 the vent shaft, and that -- that was all, to my I 1 6, showing the air ventilation shaft, is that an <br /> 2 recollection. 2 open hole? <br /> 3 Q. Was that vent shaft previously 3 A. No. <br /> 4 backfilled by the operator of the mine, if you 4 Q. There is no opening on the surface? <br /> 5 know? 5 A. No. It's slumped a little bit. <br /> 6 A. Previously what? 6 MR. BECKWITH: Okay. Thank you. <br /> 7 Q. Was that air ventilation shaft -- had 7 No further questions of this witness. <br /> 8 it previously — prior to June 2014, had it been 8 MR. SINGLETARY: Any additional <br /> 9 backfilled? 9 questions here? <br /> 10 A. Yes. 10 MR. STUTZ: I do have some on behalf <br /> 11 Q. Okay. And were you present when 11 of Mr. Carey. <br /> 12 Flugro did testing in April and August of 2016? 12 EXAMINATION <br /> 13 A. No. 13 BY MR. STUTZ: <br /> 14 Q. Do you know whether water would flow j14 Q. Would you refer to page 3 of Exhibit <br /> 15 into that air ventilation shaft? 15 C, Mr. Boulay. <br /> 16 A. Based on the results of the Ftugro 16 MR. SCHU`1U: Exhibit C? <br /> 17 study, verified by a certified engineering firm, 17 MR. STUTZ: I thought that's what it <br /> 18 that -- we used their results to make that 18 was. <br /> 19 determination. 19 MR. BECKWITH: Page 3 of Exhibit C. <br /> 20 Q. Well, you have read the August 2016 20 MR. STUTZ: Exhibit C, page 3 is what <br /> 21 report by Snowcap, including the Ftugro report, have 21 I'm headed for. <br /> 22 you not? 22 Q. (BY MR. STUTZ) Drawing your <br /> 23 A. I have not read it in detail. 23 attention to the Carey Pond there, Mr. Boulay. As <br /> 24 Q. Are you aware that 2,500 gallons of 24 you look around the edges of the Carey Pond, does it <br /> 25 water -- 25 appear to you that the water is receding? <br /> 89 91 <br /> 1 MR. JUSTUS: Objection, beyond the 1 A. It looks like there was a higher <br /> 2 scope of direct. He did not testify on this basis. 2 waterline there, yes. <br /> 3 He testified regarding his June report and not to 3 Q. When was the next time after June 11, <br /> 4 his review or otherwise approval of that August 4 2014, that you saw the Carey Pond? <br /> 5 Fhgro report. j 5 A. June 17. <br /> 6 MR. BECKWITH: There's two ways I can 6 Q. And was there water in it? <br /> 7 handle this. I can either call him as my own 7 A. I believe this photo was on June 17. <br /> 8 witness, or I am testing his inspection and his 8 I photographed -- it's detailed in my inspection <br /> 9 analysis based upon the presentation made by DRMS 9 report that all of the photos issued on the July 1 <br /> 10 that there is a hydrology connection dawn this 10 report were taken on June 12, 17, and 24. I would <br /> 11 specific shaft. 11 have to go into the photo and pull out the property <br /> 12 MR. JUSTUS: Objection. He is 12 to see what date it was taken. Those three days it <br /> 13 testifying as to facts observed on the ground. He 13 was photographed. <br /> 14 did not reach an expert conclusion or otherwise in 14 Q. We should correct that exhibit then <br /> 15 this matter. 15 to indicate that the photo was taken on June 17. <br /> 16 MR. SINGLETARY: Go ahead. I agree 16 A. It's clear in my inspection report <br /> 17 with-- 17 that photos were on the 12th, 17th, and the 24th. <br /> 18 MR. BECKWITH: So you sustain the 18 Q. When after -- when was the next time <br /> 19 objection? 19 you saw the Carey Pond after June 17? <br /> 20 MR. SINGLETARY: Yes. 20 A. June 24. <br /> 21 MR. BECKWITH: Okay. Thank you. So 21 Q. And what was the water level at that <br /> 22 long as we have that statement from Mr. Justus that i22 point? <br /> 23 Mr. Boulay did not make an expert determination. 1123 A. I believe it was receding. I don't <br /> 24 Q. (BY MR. BECKWITH) Let me ask 24 recall specifically. <br /> 25 further. On your Photo Number 1, which is your page 25 Q. Was there a constant receding in that <br /> 90 92 <br />