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141 <br /> i to testify. 1 MR. BECKWITH: There it is. Thank <br /> 2 MR. JUSTUS: Then we will not need 2 you very much, Mr. Stark. <br /> 3 the rebuttal report. Thank you. j 3 May I proceed, Mr. Chairman? <br /> 4 MR. BECKWITH: You're welcome. 4 MR. SINGLEPARY: You may. <br /> 5 MR. JUSTUS: That is all I have on my 15 MR. BECKWITH: Thank you. <br /> 6 direct of Mr. Berry. 6 EXAMINATION <br /> 7 MR. BECKWITH: Scott, do you want to 7 BY MR. BECKWITH: <br /> 8 go first? 8 Q. Mr. Hild, Mr. Justus has asked you <br /> 9 MS. VAN NM: I think there's a 9 several questions about -- <br /> 10 question fran the Board. Karin has a question. 10 A. Mr. Berry. That's okay. <br /> 11 W. UTTERBACK-NORMANN: This may seem 11 Q. I'm sorry. <br /> 12 a little off to the left here, but I still would 12 A. You didn't get a chance to <br /> 13 like to have it answered now before you continue on 13 cross-examine him yet. <br /> 14 in your logical deductions. 14 MR. BECKWITH: Is this on now? <br /> 15 The Colorado River is at one 15 MR. SINGLEPARY: No, it's not. <br /> 16 altitude -- or at one level; the interstate is 16 MS. MOJAR: It's green, yeah. <br /> 17 higher than the Colorado. Ham mach higher up or 17 MR. BECKWITH: I was a little boy who <br /> 18 lower down are the areas that you have talked about: 18 was never known for being quiet. <br /> 19 the Carey Pond, the -- the portal, the air shaft, in 19 Q. (BY MR. BECKWITH) Anyway, Mr. Berry, <br /> 20 relationship? mere are they? I can't tell frm 20 so that I have it correctly, what I've had them <br /> 21 the overhead. 21 bring up on to the screen here so that you can see <br /> 22 MR. BERRY: I don't have the exact 22 it -- and this is Exhibit B, page 9 -- it has two <br /> 23 data. Somebody else may have that information. i23 depictions of what are ERT tarography -- or ERT <br /> 24 It's much higher. The portal is -- I don't know. 24 testing grids. Do you recognize them? <br /> 25 MR. BOULAY: 50 feet. 25 A. Yes. <br /> 141 143 <br /> 1 MR. BERRY: -- 50 feet above the 1 Q. And these are fran the exhibits that <br /> 2 highway. And Mr. Fontanari's property, the Carey 2 Mr. Justus asked you to review and look at, and they <br /> 3 Pond, and Fontanari Ditch are 100, 150 feet above 3 are part of the Fugro reports fran April and August <br /> 4 the highway. It's a considerable -- it's 4 of 2016? <br /> 5 considerably higher. 5 A. That's correct. <br /> 6 MS. UITERBACK-NORM: Okay. That's 6 Q. Now, so that I have it correct, you <br /> 7 all I want to know. Thank you. 7 have referred to a July 2016 testing. Are we <br /> 8 MR. BECKWITH: If I may, 8 talking about the same report? It's the second <br /> 9 Mr. Chairman. We will be admitting an exhibit -- or 9 series of reports field — <br /> 10 submitting one that gives the elevations within 10 A. I believe the July 2016 report is my <br /> I Tract 71 and the Carey Pond. It will not give you 11 report. <br /> 12 the elevations of the portal shaft -- the portal, 12 Q. Okay. But it was submitted in August <br /> 13 but it will give you the elevations within that 13 of 2016? <br /> 14 basin. 14 A. Yes. <br /> 15 MS. UITERBACK-NORM All right. 15 Q. So if I refer to it as August, you <br /> 16 Thank you. Appreciate that. 16 are understanding we're referring to the same <br /> 17 MR. SINGLETARY: Where do we sit now? 117 document? <br /> 18 MR. BECKWITH: I'm asking as a 18 A. Correct. <br /> 19 courtesy if Jim Stark will bring this photo 19 Q. Now, were you in attendance in the <br /> 20 (indicated) back up. And specifically would you go, 20 field when this was conducted? <br /> 21 Mr. Stark, to your Exhibit B? 21 A. Yes. <br /> 22 MR. STARK: Exhibit B is the 22 Q. The day prior to the test on the <br /> 23 presentation. 23 left, which is the April 2016, was water added to <br /> 24 MR. BECKWITH: And page 9. 24 any feature on that Tract 71? <br /> 25 MR. STARK: I think this is it. 25 A. I was not there when they added the <br /> 142 I 144 <br />