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149 <br /> 1 Ms. Hammond hiked up through a ravine, and when you 1 Mr. Justus. <br /> 2 hiked up through that ravine, did it go to the mesa ( 2 MR. JUSTUS: That's what I said. <br /> 3 where Tract 71 and the Carey tract are located? 3 A. That was conducted June 18 of 2014. <br /> 4 A. Yes. 4 Q. (BY MR. BECMITH) And there was no <br /> 5 Q. And during that hike, did you observe 5 water in the Carey Pond? <br /> 6 any water seeping out of any rock areas? 6 A. That's correct. <br /> 7 A. No, we did not. 7 Q. Was it dry or just muddy or what? <br /> 8 Q. Why was that significant to you? 8 A. It was -- it was fairly dry. <br /> 9 A. Well, the way the bedrock dips toward 9 Q. And did you then inspect what you <br /> 10 the portal from this tract, I was — I figured at 10 have called the Fontanari trench or ditch? <br /> 11 that time that if water had entered the subsurface 11 A. Yes. <br /> 12 and didn't have a direct pathway to the mine, that I 12 Q. Was there water in that trench? <br /> 13 would have expected it to possibly be -- 13 A. No. <br /> 14 Q. Flow out on -- 14 Q. Was it dry or muddy? <br /> 15 A. — flow out of the cracks or -- 15 A. To the best of my recollection, it <br /> 16 Q. Seep out on -- 16 was dry. <br /> 17 THE COURT REPORTER: Wait, wait, 17 Q. And when you did this inspection, did <br /> 18 wait. I can't write you both. 18 you during this time -- and this was what date, June <br /> 19 MR. BECMITH: I'm sorry. 19 19? <br /> 20 Q. (BY MR. BECMTH) Go ahead. 20 A. June 18. <br /> 21 A. Yes. That it would flaw out 21 Q. June 18. Thank you, Mr. Berry. <br /> 22 somewhere possibly through the bedrock. 22 During this inspection, did you take the time to <br /> 23 Q. In other words, what an attorney like 23 walk the entirety of Tract Number 71? <br /> 24 me might call that it seeps out sane other 24 A. No, I did not. <br /> 25 location? 25 Q. Did you obviously focus your concern <br /> 149 151 <br /> 1 A. Correct. 1 on where this sinkhole was and where all of this <br /> 2 Q. And a rock can weep? 2 water had gone dawn? <br /> 3 A. Yes. 3 A. Well, at that time, quite frankly, I <br /> 4 Q. As we see on I-70 around Silver Plume 4 understood that water had flowed into the sinkhole <br /> 5 and that area? 5 at the north end of the ditch. That was obvious <br /> 6 A. Yes. 6 that had been documented. <br /> 7 Q. Okay. Now, you then got on to the 7 Q. Okay. <br /> 8 surface. You did not see any rock -- any water 8 A. But there was concern about the <br /> 9 seeping out of any rocks. And then in April -- 9 possibility of water potentially discharging from <br /> 10 excuse me. In that same inspection did I hear you 10 the Carey ditch (sic) as well, but the bottom line <br /> 11 say that you inspected the Carey Pond, or observed 11 was the only places that I was told water bad been <br /> 12 it? 12 deposited on the surface were those two spots, and <br /> 13 A. Yes, I did observe it. 13 so that is the only spots we investigated. <br /> 14 Q. Was there water in the Carey Pond? 14 Q. Okay. And when you inspected the <br /> 15 A. No. 15 Fontanari trench, did you look for other locations <br /> 16 Q. And this was in what month of what 16 of sinkholes in that trench? <br /> 17 year? 17 A. We did walk the trench, and there was <br /> 18 A. Do you know which --my report is on 18 no other evidence of sinkholes that I could tell. <br /> 19 which one? 19 Q. So would I be correct in <br /> 20 Q. Yours ought to be 31 and 33. 20 understanding then that between June 18 of 2014 -- <br /> 21 MR. JUSTUS: No. He had an 21 correct my date if I have it wrong -- and April of <br /> 22 earlier -- 22 2016, three other sinkholes opened up on the <br /> 23 MR. BERRY: No, that's my earlier -- 23 Fontanari property? <br /> 24 MR. JUSTUS: That's A-12. 24 A. Three holes opened up. I think it's <br /> 25 MR. BECMITH: I think that's A-12, 25 a stretch to say that three other sinkholes opened <br /> 150 I 152 <br />