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65 <br /> 1 meant to rebut previously disclosed and timely 1 revision in TR-69 stop any hydrologic coamunicati.on <br /> 2 disclosed testimony by Snowcap's experts. 2 between the pond and any the mine workings? <br /> 3 MR. SINGLETARY: I sustain the 3 MR. JUSTUS: Objection, foundation. <br /> 4 objection. 4 MR. SINGLETARY: Sustained. <br /> 5 Q. (BY MR. STUTZ) All right. In any 5 MR. STUTZ: I don't understand the <br /> 6 event, you did turn the water off? The water was 6 objection. <br /> 7 turned off? 7 MR. JUSTUS: He's done no testing to <br /> 8 A. I didn't turn it off, but it was turned 8 otherwise determine there's, in fact, a hydrologic <br /> 9 off. 9 caamanication or otherwise. This is -- he's provided <br /> to Q. Okay. Now, is it your expert opinion as 10 no evidence regarding the effects, the hydrology, the <br /> 11 a hydrologist that the water that was going into the 11 geology, or otherwise the movement of water fran the <br /> 12 pond eventually cammmicated with the mine workings and 12 pond and has submitted no testing that would allow him <br /> 13 flowed out the portal? 13 to otherwise offer this opinion. <br /> 14 MR. JUSTUS: I'm going to object again. 14 MR. STUTZ: Well, we've got testimony <br /> 15 Undisclosed expert testimony to things that should have 15 that -- from the applicant, from Snowcap, that there is <br /> 16 been basically provided with -- as rebuttal or 16 no hydrologic coamnnication between the Carey Pond and <br /> 17 otherwise. Like Snowcap's experts, after receiving 17 the mine workings. My question is, will the proposed <br /> 18 expert reports, we sought leave to file rebuttal 18 technical revision have any effect on that. <br /> 19 opinions. Mr. Stutz and Mr. Carey at no point sought 19 MR. SINGLETARY: I sustain his <br /> 20 to disclose or otherwise provide rebuttal opinions that 20 objection. <br /> 21 might be used at the hearing. 21 MR. STUTZ: Okay. <br /> 22 MR. STUTZ: This is pure rebuttal 22 Q. (BY MR. STUTZ) Can you comment on the <br /> 23 because they said there's no camiLmication between the 23 speed with which the pond anptied, based on your <br /> 24 pond and mine workings. 24 observation? <br /> 25 MR. SINGLETARY: Go ahead. You can go 25 A. Well, the pond empties relatively <br /> 238 240 <br /> 1 ahead. 1 quickly. I don't know the actual speed, but as others <br /> 2 A. Yeah. I mean, we don't know where the 2 have mentioned, it drains out in about a week's time. <br /> 3 water goes. We do know that a substantial amount, 238 3 MR. SINGLETARY: Excuse me. When you <br /> 4 acre feet, subsides into the ground. We know that it 4 say "drains," where does it drain? <br /> 5 does not cam out of the cliff face. It does not came 5 MR. CAREY: It goes subsurface. <br /> 6 out of any other location. The only location that 6 MR. SINGLETARY: Okay. <br /> 7 we've ever seen it cane out of as return flow is out of 7 MR. CAREY: It caupletely soaks into the <br /> 8 the portal of the mine. 8 ground. <br /> 9 MR. SINGLETARY: So you're telling me 9 MR. SINGLETARY: Go ahead. <br /> 10 that when you put water in your pond that there's no 10 Q. (BY MR. STUTZ) Can you camnent on the <br /> 11 way out of there? ill adequacy of the testing procedures that have been <br /> 12 MR. CAREY: There's no way out of there. 12 employed that you've heard about in the hearing? And <br /> 13 So that's -- that's a key point. The pond is the 13 confine your testimony solely to what you've heard <br /> 14 terminus of the irrigation system, and it's there to 14 here. <br /> 15 prevent water from flowing uncontrolled downstream 15 A. Yeah. <br /> 16 there. 16 MR. JUSTUS: I'm going to preliminary <br /> 17 We do flood irrigate out of the pond and 17 object. I'm sure you'll let it go. But he hasn't <br /> 18 irrigate the fields, but we have to do that in a 18 disclosed these opinions critiquing or otherwise <br /> 19 manner -- there's about 10 acres of field downstream of 19 rebutting why, and we have not been provided an <br /> 20 the pond, and we have to do that in a controlled 20 opportunity to challenge. <br /> 21 manner, and we have another catchment and burrows to 21 MR. SINCMARY: Ask your question <br /> 22 catch that downstream of that, but we can overwhelm and 22 again. I didn't hear it. <br /> 23 cause water to flow off. 23 Q. (BY MR. STUTZ) Can you cement on the <br /> 24 MR. SINGLETARY: Go ahead. 24 adequacy of the testing procedures used to determine -- <br /> 25 Q. (BY MR. STUTZ) Will the proposed 25 to correct the problem with water seeping into the <br /> 239 241 <br />