2017-05-25_REVISION - C1981041

• Permit No: C1981041
• IBM Index Class Name: Revision
• Doc Date: 5/25/2017
• Doc Name: MLRB Hearing Transcripts
• Type & Sequence: TR69
• Email Name: JDM
• Media Type: D
• Archive: No

41
1 MR. SCHULTZ: Two quick questions fram 1 with respect to water in the Carey Pond and/or the
2 the Division. Scott Schultz on behalf of the Division. 2 Fontanari trench on the dates of that visit?
3 EXAMINATION 3 A. I met with Mike Berry on the 18th of
4 BY MR. SCHULTZ: 4 June originally at the south portal cohere the seepage
5 Q. Mr. Stover, what is the current 15 was caning out. We looked at that, and then we went up
6 vegetation at the site, specifically Tract 71? 6 to the top, and we looked at the trench and the ditches
7 A. It's cheatgrass and other annual grass. 7 and the pond. The ditches were not flowing at the
8 There's nothing on Tract 71 that is of any value. 8 time, but they were danp, and there was water in the
9 Q. The seed mix that is proposed under 9 pond on that day.
10 application TR-69 will not include weeds such as 10 Q. Okay.
11 cheatgrass, correct? 11 A. On the 18th.
12 A. No, it won't. 12 Q. Did you make any subsequent site visits
13 MR. SCHULTZ: Okay. No further 13 with Mr. Berry over the next year and a half?
14 questions. Thank you, Mr. Stover. 14 A. Yes. He was out there a duple more
15 MR. JUSTUS: Any questions from the 15 times. We went out after I bad noticed sane pits being
16 Board? 16 dug out there by Mr. Fontanari in the pond and one
17 MR. SINGLETARY: Seeing none. 17 other one by the poor poles. So he came out to take a
18 MR. JUSTUS: Mr. Stover, you're done. I18 look at the soils and to -- and to look at the area
19 Ms. Hammond, would you please come up? I19 there.
20 MR. ROBERTS: Mr. Justus, how many more 20 Q. Okay. Was his suggestion yesterday that
21 witnesses do you think you intend to call? 21 the pond was dry on June 18 correct, in your --
22 MR. JUSTUS: This is the last witness 22 A. Not in my opinion, no.
23 and should be for very limited purposes. 23 Q. Okay. 'Thank you. Next question is,
24 MR. ROBERTS: All right. You have 33 24 when did Snowcap request that Division of Water
25 minutes and 42 seconds. 25 Resources stop allowing Mr. Fontanari to divert
214 216
1 MR. JUSTUS: Thank you. 1 water?
2 EXAMINATION 2 A. First of all, I was with Mr. Boulay on
3 BY MR. JUSTUS: 3 the 17th of June when he made the phone call to
4 Q. Ms. Hammond, you were previously sworn 4 Mr. Fontanari and asked him to turn the water off, and
5 in. Would you please tell the Board for the record 5 then I was doing daily monitoring of the site.
6 your name and business address? 6 Q. When?
7 A. It's Tonya Ha nand. It's 2352 North 7th 7 A. Starting the 18th and then daily went
8 Street, Unit B, Grand Junction, Colorado. 8 through the end of June, and then I started doing
9 Q. And who do you work for? 9 weekly until the middle of August.
10 A. I work for J.E. Stover & Associates. 10 But on Sunday -- I believe it was a
11 Q. What is your role at J.E. Stover & 11 Sunday -- it was a weekend-- the 22nd, I noticed the
12 Associates? 12 water had been turned back on. So I contacted DR4S the
13 A. I am the owner's representative for 13 next day, and they contacted the Division of Water
14 Snowcap Coal Canpany. 14 Resources, and they came out and locked his headgate --
15 Q. All right. Were you here for the 15 Mr. Fontanari's headgate and turned the water back off.
16 testimony of Mr. Berry yesterday? 16 MR. JUSTUS: Thank you. Nothing more.
17 A. Yes, I was. 17 MS. HAMMOND: Okay.
18 Q. And he indicated that he'd made several 18 EXAMINATION
19 site visits in June of 2014; is that correct? 19 BY MR. BECRWITH:
20 A. Yes. He made a site visit in June of 20 Q. When you say "the 22nd," the 22nd of
21 2014. 21 August or June?
22 Q. Were you present with him at that site 22 A. No. June. I'm sorry.
23 visit? 23 MR. BECRWITH: No further questions.
24 A. Yes, I was. 24 MR. SINGLETARY: Mr. Stutz.
25 Q. Would you please tell us what you saw 25
215 217