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57 <br /> 1 Q. (BY MR. STUTZ) Are you the owner of the I 1 A. The area generally slopes to the east. <br /> 2 property that's affected by TR-69, Mr. Carey? 2 Slightly to the north and east. The surface area does. <br /> 3 A. I'm not the owner that's affected by the 3 Q. So is the pond lower or higher than the <br /> 4 proposed repair plan. I was part of the investigation. 4 proposed repair area? <br /> 5 So we were affected until -- until that proposed repair 5 A. The pond on the surface is lower than <br /> 6 plan has cane out. It looks like the proposed repair 6 the proposed-- the surface of the pond -- and when a <br /> 7 is entirely off of our property in TR-69. 17 hydrologist talks about the pond, we talk about the wet <br /> 8 Q. How long have you owned the property? 8 pond, the water in it. <br /> 9 A. We've owned the property approximately 19 The water surface is higher than the — <br /> 10 13 years. 110 well, it all -- it's all entirely lower than the <br /> li Q. Is the property located over the south 11 elevation of the shaft -- than the top elevation of the <br /> 12 portal mine? 12 shaft. The bottom of the pond appears to be lower than <br /> 13 A. Yes, it is. 13 the -- than the bottan of the repair elevation proposed <br /> 14 Q. Have there been instances of ground 14 in TR-69. <br /> 15 subsidence on your property? 15 Q. What's the significance of that? <br /> 16 A. Yes, there is. 16 A. Well, although the surface slopes <br /> 17 Q. All right. And where have they 17 generally to the east and northeast, the subsurface <br /> 18 occurred? 18 slopes generally to the -- I'm sorry. <br /> 19 A. I guess we'll need a map for that. We 19 Although the surface slopes to the west <br /> 20 can -- I could use this map that's up. 20 and the northwest -- I think I misstated that earlier. <br /> 21 Q. Sure. That's fine. 21 The surface slopes to the west and northwest. The <br /> 22 A. This is B-10 possibly. 22 subsurface slopes to the east and the northeast. So <br /> 23 MR. CAM: Could I borrow your laser 23 the groundwater -- the water movement flows back the <br /> 24 pointer, John? Thanks. 24 other way. <br /> 25 MS. VAN NOORD: Can I ask a quick 125 Q. Have you ever conducted any tests to <br /> 230 232 <br /> i <br /> I <br /> i question? Is this with regard to the adequacy of the 1 determine whether there was any hydrologic <br /> 2 testing procedures or the adequacy of the proposed 2 caamudcation between your property and the mine <br /> 3 plan? 3 workings? <br /> 4 MR. STUTZ: Both. 4 A. Well, inadvertently we — we, of course, <br /> 5 MS. VAN NOORD: Okay. 5 have filled the irrigation system, filled the pond, put <br /> 6 A. So the property here -- the property 6 water out, and then -- and then through -- through that <br /> 7 line canes approximately in between these two 7 in 2014 we had water caning out of the mine portal, and <br /> 8 (indicated) running -- running north/south. So we have 8 that was the conclusion, that that water applied on the <br /> 9 a joint property line with TR-- with Tract 71. Again, 9 surface was caning out of the mine portal. <br /> 10 everyone's familiar with this map up here. 10 As far as subsidence on the surface <br /> 11 So there is a large subsidence zone that 1i goes, we have performed surveys to identify those <br /> 12 exists all -- all in throughout here (indicated). 12 subsidence areas. <br /> 13 There's a large area that's subsided. There's 13 MR. JUSTUS: Objection, relevance of the <br /> 14 additional areas that have subsided along here 14 surveys of subsidence. <br /> 15 (indicated) and out in this area (indicated) of the 15 MR. SINMARY: Do you want to <br /> 16 property. 16 rephrase? <br /> 17 Q. (BY MR. STUTZ) While we're looking at 17 Q. (BY MR. STUTZ) Go on. <br /> 18 the map, east would be on the right side of that 18 A. Okay. And so inadvertently -- and then <br /> 19 diagram, would it not? 19 the conclusion to that hydrologic can zdcation, of <br /> 20 A. Yes. This map seems to be oriented 20 course, was shutting off the water to the entire <br /> 21 north and south. So east is this direction 21 irrigation system subsided the water leaking in the <br /> 22 (indicated); west is this direction (indicated). 22 portal. <br /> 23 Q. Can you tell the Board which way that 23 Q. How much water was applied to the <br /> 24 property slopes from the area that's proposed to be 24 surface of the -- <br /> 25 repaired with this plug and your property? 25 A. So the cannon agreement was 4 cfs for 30 <br /> 231 233 <br />