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125 <br /> 1 (hales of Evidence to express opinions in 1 Subsequently I was tasked with <br /> i <br /> 2 geotechnical engineering relating to the geophysical 2 helping Snowcap try to discover how the water from <br /> 3 investigations, subsurface investigations, and 3 the Fontanari Ditch entered the mine. <br /> 4 hydrologic investigations. 4 Q. Okay. Question, I'm going to put in <br /> 5 MR. BECKWITH: No objection. 5 front of you another binder with an Exhibit A-12. <br /> 6 MR. STUTZ: None. 6 Could you tell me what that is? <br /> 7 MR. SINGLETARY: Okay. 7 A. This is my June 19, 2014, report <br /> 8 MR. JUSTUS: Thank you. 8 after being contacted by Snowcap for the first tine <br /> 9 Q. (BY MR. JUSTUS) We're going to go 9 in order to assess the seepage -- excess seepage <br /> 10 through kind of the process which you witnessed with 10 they were encountering at the south portal. <br /> 11 Mr. Hild. Would you please go ahead and tell me if 11 Q. Okay. What was your conclusion at <br /> 12 you prepared any reports on which you base your 12 that time? <br /> 13 testimany today? 13 A. My conclusion was -- <br /> 14 A. I did. 14 MR. BECKWITH: Objection, Your Honor, <br /> 15 Q. All right. Would you please look at 15 because there's no foundation for the conclusion. <br /> 16 Exhibit A-31 in the binder in front of you. Would 16 We do not know what field investigation or otherwise <br /> 17 you tell me what that docLm ent is? 17 that he did. <br /> 18 A. This is a report I prepared May of 18 Q. (BY MR. JUSTUS) Mr. Berry, would you <br /> 19 2016 summarizing the initial investigation conducted 19 please describe your investigations at that time and <br /> 20 by Fugro Consultants and the background on which we 20 as summarized in your report you just identified? <br /> 21 based-- developing that geophysical survey. 21 A. At that time -- sorry. I talk loud. <br /> 22 Q. All right. And does it appear to be 22 I'll try to talk quieter. <br /> 23 carplete? 23 MR. BECKWITH: You're not the only <br /> 24 A. Yes. 24 one. <br /> 25 Q. All right. Why don't you move to 25 A. So when I was initially contacted, we <br /> 125 127 <br /> 1 Exhibit A-33, and same drill. Would you please tell 1 conducted a site reconnaissance where we walked the <br /> 2 me what this document is? 2 property, both Tract 71 and the south portal area. <br /> 3 A. This is a letter I prepared -- letter 3 We looked at the seepage amnating from the south <br /> 4 report I prepared following the second geophysical 4 portal. I did sane rough calculations for how much <br /> 5 investigation covered by -- or conducted by Fugro. 5 water could have backed up in the mine. <br /> 6 Q. Okay. kid, again, does it appear to 6 And through my analysis, there was <br /> 7 be corplete, or is there anything missing? 7 two conclusions. The first conclusion was that <br /> 8 A. It appears to be carplete. 8 under the observed seepage conditions, due to the <br /> 9 Q. All right. Let's go ahead and start 9 fact that the water was caning out very clear and <br /> 10 with your May 2016 report, and we'll have to move 10 not transmitting sediment, that the risk of failure <br /> 11 back to Exhibit 31. Who obtained Huddleston-Berry 11 of the earthen plug was very low, and secondly, the <br /> 12 to undertake this investigation? 12 conclusion was that were failure to occur, the <br /> 13 A. Snowcap Coal Carpany through J.E. 13 consequences to Interstate 70 and the river were <br /> 14 Stover & Associates. 14 fairly low. <br /> 15 Q. Okay. And could you describe, as you 15 Q. (BY MR. JUSTUS) Okay. <br /> 16 understand it, the objective of the investigation 16 MR. BECKWITH: Fairly what, sir? <br /> 17 you were asked to do? 17 MR. BERRY: Low. <br /> 18 A. My understanding was -- sorry. 18 MR. BECKWITH: Thank you. <br /> 19 Little feedback. My understanding was during our 19 MR. BERRY: Low risk. <br /> 20 2014 investigation I was originally contacted to 20 Q. (BY MR. JUSTUS) In that initial <br /> 21 evaluate the stability of the south portal due to 21 investigation, did you happen to look at the <br /> 22 the excess seepage that they had observed there. 22 Fontanari trench or the Carey Pond? <br /> 23 There was concern at DRMS that the -- 23 A. I believe we did. I'm trying to <br /> 24 there could be a failure in the portal due to water 24 recall whether I had it in this report or not. But <br /> 25 backing up behind the closed portal. 25 I -- we did look at it. I don't know how much <br /> 126 128 <br />