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33 1 49 -- A-49. Would you please tell me what this 1 A. Yes. 2 document is? 1 2 Q. And does it slope from east to west? 3 A. It's a special warranty deed between 3 The surface, does it slope from east to west with east 4 Snowcap Coal Carpany and Rudolph and Ethel Fontanari. 4 being higher than the western edge? 5 Q. Okay. Is this the document Snowcap 5 A. Yes, it does. 6 relies upon setting forth its right of entry to 6 MR. BECKWITH: Thank you. No further 7 cmplete this repair and reclamation plan? 7 questions. 8 A. Yes, it is. 8 EXAMINATION 9 MR. JUSTUS: Moved to submit Exhibit 9 BY MR. STUTZ: to A-49. 10 Q. Mr. Stover, you testified, I believe, 11 MR. BECKWITH: I only object to preserve 11 that you observed water flowing across the property as 12 the record. You already know our position with regards 12 a result of irrigation gates being opened in June of 13 to this exhibit. 13 2014; is that correct? 14 MR. STUTZ: No objection. 14 A. I saw water flowing in the trench that 15 MR. SINM7ARY: It's admitted. 15 Mr. Fontanari had excavated. 16 MR. JUSTUS: Mr. Stover, I don't have 16 Q. And you said sane of that water went 17 any additional questions for you at the moment. I my 17 into the Carey Pond, and same of it went into the 18 ask you back for redirect. I will ask you to sit for 18 sinkhole that you're proposing to repair? 19 questions for Mr. Beckwith and Mr. Stutz. 19 A. Yes. 20 MS. UITERBACK-NORMANN: I have a 20 Q. Did you investigate -- do any 21 question. Mr. Stover, going back to this pile of rock. 21 investigations concerning the water that was going into 22 Does this have any bearing on the reclamation at all -- 22 the pond? 23 this hearing? You're saying this is not the vent 23 A. No. 24 shaft. Is it anything that you recognize that would be 24 Q. So we're only dealing with, say, a 25 utilized or involved in the reclamation? 25 portion of the water that was coning through that 206 208 1 MR. STOVER: No. No, it's not. 1 irrigation ditch? 2 MS. UITERBACK-NORM: Okay. 2 A. Well -- 3 MR. STOVER: It's not within the 3 Q. Do you need to confer with your counsel 4 reclaimed area, and it has nothing do with it. I 4 before you answer that question? And if so, I'm going 5 believe that that pile of rock came from the Ute 5 to object to that. 6 waterline construction. As they were excavating for 6 A. Well, I throw in, when we investigated 7 the Ute -- the waterline, they probably hit sane big 7 the pond, Fugro did run a line through -- through the 8 rocks as they were excavating that weren't suitable to 8 pond and didn't find any anomaly. 9 use as backfill, and so at sane point they got all 9 Q. (BY MR. BECKWITH) Okay. Do you have an 10 these rocks together, dug a hole, and buried than. 10 opinion as to where the water in the Carey Pond is 11 MS. UITEERBACK-NORMANN: And the rocks go 11 eventually going? 12 beneath the soil -- 12 A. It's -- 13 MR. STOVER: Yes 13 MR. JUSTUS: That's beyond the scope of 14 MS. UrTERBACK-NORMANN: — surface? 14 direct. 15 MR. STOVER: Yes. 15 MR. STUTZ: No, it is not because he 16 MS. UTT'ERBACK-NOR,=: Do you have any 16 testified that the water was going into the Carey Pond. 17 idea haw far down? 17 MR. STUTZ: He did not offer an opinion 18 MR. STOVER: I don't. 18 as to where it went. He just said that is where it 19 MS. UTTERBACK-NORMANN: Okay. Thank 19 went. 20 you. 20 MR. SINQETARY: I would sustain the 21 EXAMINATION 21 objection. 22 BY MR. BECKWITH: 22 Q. (BY MR. STUTZ) But in any event, there 23 Q. Just one question. Mr. Stover, you are 23 were no investigations made regarding the water that 24 familiar with Tract 71 as depicted on page 10 up on the 24 was going into the Carey Pond? 25 screen? 25 A. Well, there was the Fugro report. When 207 209