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37 <br /> 1 the pond was dry, we ran an ERT line through there. 1 A. We believed it was canting through this <br /> 2 Q. Did you ever go to the portal of the 2 annnaly and down the shaft. <br /> 3 mine to see if any water was flawing out? 3 Q. And you didn't believe it was caning <br /> 4 A. When? 4 fran anywhere else? <br /> 5 Q. In June of 2014 when you were at the 5 A. Correct. <br /> 6 property. 6 Q. What -- what was the elevation at the <br /> 7 A. Well, yes. 7 bottan of the shaft on the Carey Pond, do you knew? <br /> 8 Q. All right. Did you ever ask 8 MR. JUSTUS: Objection. Mr. Stover did <br /> 9 Mr. Fontanari and Mr. Carey to stop running water 9 not testify regarding the shaft, the Carey Pond, or <br /> 10 through the ditch and across the property? io otherwise. <br /> 11 A. I didn't make that request, but that 11 MR. STUTZ: He's testified about the <br /> 12 request was made. 12 Carey Pond. He's testified about the water. I don't <br /> 13 Q. It was made? 13 know why there is an effort to try to conceal what's <br /> 14 A. Yes. 14 going on here. We're trying to demonstrate that this <br /> 15 Q. And would that indicate to you that the 15 plan only deals with, say, half of the water that is <br /> 16 water going across the property, including the water 16 the problem here. <br /> 17 into the Carey Pond, was sanehow camamicating with the 17 MR. SINGLETARY: I sustain the <br /> 18 mine workings? 18 objection. <br /> 19 MR. JUSTUS: Mr. Stover did not offer 19 MR. STUTZ: Well, it's also on his <br /> 20 any opinions or testimny on that basis. That was 20 Exhibit 10. <br /> 21 Mr. Berry. I'm going to object again. 21 MR. JUSTUS: It was not submitted into <br /> 22 MR. STUTZ: This is a question about -- 22 evidence to the Board. <br /> 23 it's a factual question, not an opinion. 23 MR. STUTZ: I'll offer it at this <br /> 24 MR. JUSTUS: You asked for an expert — 24 point. <br /> 25 MR. STUTZ: No, I did not. 25 MR. BECKWITH: Which exhibit? <br /> 210 212 <br /> 1 MR. JUSTUS: Okay. 1 MR. STUTZ: B-10. It's up on the <br /> 2 MR. SINGLETARY: Restate your 2 screen. <br /> 3 objection. 3 MR. BECKWITH: No. It is part of the <br /> 4 MR. JUSTUS: My objection, or question? 4 exhibit. <br /> 5 MR. SINGLETARY: Yes. 5 MR. JUSTUS: He did not testify <br /> 6 MR. JUSTUS: My objection is he is 6 regarding the shaft. <br /> 7 asking Mr. Stover to speculate regarding how water 7 MR. BECKWITH: No. I'm just saying -- <br /> 8 traveled or if it traveled from the pond to the south 8 MR. JUSTUS: That is an exhibit. He has <br /> 9 portal. 9 not offered testimony on the shaft and the Carey <br /> 10 MR. SINGLETARY: I sustain your 10 Pond. <br /> 11 objection. 11 MR. SINGLETARY: I sustain the <br /> 12 Q. (BY MR. STUTZ) All right. The request 12 objection, and if you want to submit an amendment -- I <br /> 13 was made, however, that Mr. Carey and Mr. Fontanari 13 mean, a -- you can when it's your turn, once it's an <br /> 14 stop running water across the property. Are you aware 14 exhibit. <br /> 15 of that request? 15 MR. STUTZ: So we don't want to try to <br /> 16 A. Yes. 116 reach the possibility of this water that's flowing into <br /> 17 Q. Do you know who made that request? 17 the -- <br /> 18 A. I would guess Tonya did-- Tonya 18 MR. SINGLETARY: Do it when it's your <br /> 19 Hammond. 19 turn. <br /> 20 Q. Was this at a time where there was sane 20 MR. BECKWITH: Can you confirm that <br /> 21 concern about a possible blowout at the portal? 21 Exhibit B is already adnitted? <br /> 22 A. Yes. 22 MR. ROBERTS: Yes. <br /> 23 Q. And did anyone ever tell you -- express 23 MR. BECKWITH: Thank you. <br /> 24 an opinion to you about where that water was caning 24 MR. STUTZ: That's all the questions I <br /> 25 from? 25 have. <br /> 211 213 <br />