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to be presented at the hearing all confirm that this Blasting Plan will not harm any nearby <br />structures <br />PROPOSED EXPERT BERNOSKY <br />8. CCDWP has previously given notice that it is reserving its right to challenge any <br />expert testimony proffered a[ the hearing by either Mr. Bemosky or any other proposed expert. <br />9. The Colorado Rules of Evidence require expert witnesses to be qualified based on <br />truly relevant training or experience. Proposed expeRS also must offer credible opinions based <br />on accepted scientific principles that help the trier of fact decide disputed issues, It is the burden <br />of the proponent of expert testimony to meet these foundational requirements. <br />10. The District apparently suggests Mr. Bemosky's resume alone should cause [his <br />Board to "certify" him "as an expert witness" on unspecified issues. This suggestion is <br />premature. <br />11. The descriptions provided for the many jobs Mr. Bernosky has had in [he last ten <br />years only demonstrate that he has worked in several different capacities in the wastewater field. <br />They do not show he has knowledge and opinions based on accepted principles of the issues <br />actually presented here - i.e., the impact of mining activity involving occasional blasting on a <br />state of the art, newly constructed water treatment plant located across a major highway from a <br />proposed permit area. <br />12. Barring such evidence, the Board should defer accepting Mr. Bernosky as an <br />expert. CCDWP expressly reserves its right and obligation to object to, refute or contradict the <br />testimony of Dr. Bernosky or any other evidence, objections or arguments, expert or otherwise, <br />put forward by the Sanitation District or any other objector in this matter. <br />3 <br />