1 1 Division of Administrative Hearings 2 Department of Administration, State of Florida 3 SUGAR CANE GROWERS COOPERATIVE ) of FLORIDA; ROTH FARMS, INC.; and, ) 4 WEDGEWORTH FARMS, INC., ) Petitioners, ) 5 V ) DOAH SOUTH FLORIDA WATER MANAGEMENT ) Case 92-3038 6 DISTRICT, an agency of the State ) of Florida; et al., ) 7 Respondents. ) FLORIDA SUGAR CANE LEAGUE, INC.; ) 8 UNITED STATES SUGAR CORPORATION; ) and NEW HOPE SOUTH, INC., ) 9 Petitioners, ) V ) DOAH 10 SOUTH FLORIDA WATER MANAGEMENT ) Case 92-3039 DISTRICT, an agency of the State ) 11 of Florida; et al., ) Respondents. ) 12 FLORIDA FRUIT and VEGETABLE ) ASSOCIATION; LEWIS POPE FARMS; ) 13 W.E. SCHLECHTER & SONS, INC., ) and HUNDLEY FARMS, INC., ) 14 Petitioners, ) V ) DOAH 15 SOUTH FLORIDA WATER MANAGEMENT ) Case 92-3040 DISTRICT, an agency of the State ) 16 of Florida; et al., ) Respondents. ) 17 18 Deposition of Wayne Beardsley 19 Taken before April Y. Sapp, Court Reporter and Notary Public in and for the State of Florida at 20 large, pursuant to notice of taking deposition filed by the Petitioners in the above cause. 21 Monday Wednesday July 7, 1993 22 319 Clematis Street, 5th Floor West Palm Beach, Florida 33401 23 9:00 - 11:30 a.m. 1:15 - 1:55 p.m. 24 2 1 APPEARANCES: 2 On behalf of the Petitioners Florida Sugar 3 Cane League, Inc., United State Sugar Corp., and New South Hope, Inc.: 4 Peeples, Earl & Blank, P.A. One Biscayne Tower, Suite 3636 5 Two South Biscayne Boulevard Miami, Florida 33131 6 By: RICHARD RUSSELL, ESQUIRE 7 On behalf of the State of Florida Department of Environmental Regulation: 8 Assistant General Counsel Department of Environmental Regulation 9 2600 Blair Stone Road Tallahassee, Florida 32399-2400 10 By: DONNA LaPLANT, ESQUIRE 11 On behalf of the Intervenor United States of America: 12 U.S. Department of Justice Environmental and Natural Resourses Division 13 601 Pennsylvania Avenue N.W. Room 877 14 Washington, D.C. 20004 By: BRIAN FERRELL, ESQUIRE 15 16 - - - 3 1 - - - 2 I N D E X 3 - - - 4 5 WITNESS: DIRECT CROSS REDIRECT RECROSS 6 Wayne Beardsley 7 BY MS. LaPLANT 4 62-76 8 BY MR. FERRELL 56 72 9 4 1 - - - 2 E X H I B I T S 3 - - - 4 5 NUMBER PAGE 6 EXB. NO. 1 7 7 Notice of taking deposition 8 EXB. NO. 2 10 9 Witness designation 10 EXB. NO. 3 39 11 Excerpt of 3-13-92 SWIM Plan 12 EXB. NO. 4 66 13 U.S. Sugar Corporation: 14 Implementation of a Strategy to Revitalize 15 the Everglades and Preserve Farming 16 EXB. NO. 5 78 17 List of pumping practices 18 EXB. NO. 6 90 19 Hutcheon Engineering document 20 EXB. NO. 7 94 21 Memo from Andreis to Polhill 8-4-92 22 EXB. NO. 8 95 23 Memo from Beardsley to Buker 7-7-92 24 EXB. NO. 9 97 25 Memo from Dobbs to Beardsley, Moore & Wilson 5 1 - - - 2 E X H I B I T S 3 - - - 4 NUMBER PAGE 5 EXB. NO. 10 99 6 U.S. Sugar BMP booklet by Andreis 7 EXB. NO. 11 110 8 Memo from Wade, Jr. re: USSC 9 Alternative Plan 10 EXB. NO. 12 111 11 Handwritten notes of Beardsley 12 EXB. NO. 13 113 13 Page from SFWMD publication 14 EXB. NO. 14 115 15 Memo from Bottcher & Izuno 16 EXB. NO. 15 120 17 U.S. Sugar publication: Update on 18 Phosphorous Activities 6 1 P R O C E E D I N G S 2 - - - 3 Thereupon, 4 Wayne Beardsley, 5 being by the undersigned Notary Public first duly 6 sworn, was examined and testified as follows: 7 THE WITNESS: I do. 8 DIRECT (Wayne Beardsley) 9 BY MS. LaPLANT: 10 Q. Good morning, Mr. Beardsley. I'm Donna 11 LaPlant from DER in Tallahassee. I'm going to be 12 questioning you regarding what's generally known as 13 the Everglades SWIM Plan litigation. 14 Are you familiar with that litigation? 15 A. Somewhat. 16 Q. Okay. Have you ever been deposed before? 17 A. Yes. 18 Q. In what context? 19 A. A civil suit involving some chemical 20 liability and a suit involving the foreign labor 21 issues in the sugar industry. 22 Q. And when was that? 23 A. Year and a half ago. 24 Q. Okay. You were a fact witness for both of 25 those cases as opposed to an expert witness? 7 1 A. I couldn't -- I'm not sure. 2 Q. Okay. All right. I'm going to give you 3 just some general guidelines for the deposition. I 4 know that you've been through this before, but if you 5 don't hear a question, say so and I can repeat it. 6 If you don't understand a question, I'll rephrase it 7 so that you understand it and if you don't remember 8 the information necessary to answer a question, just 9 say so. 10 Do you understand the instructions? 11 A. Yes, ma'am. 12 MS. LAPLANT: Okay. I'd like to mark as 13 Exhibit 1 the notice of taking deposition of 14 Mr. Beardsley. 15 (The document was marked 16 Exb. No. 1.) 17 BY MS. LaPLANT: 18 Q. Mr. Beardsley, did you produce documents in 19 response to our request? 20 A. Yes, ma'am. 21 Q. Who asked you to produce documents? Who 22 asked you to produce the documents? 23 A. In the notice and my attorney. 24 Q. Okay. So Mr. Russell? 25 A. Yes. 8 1 Q. Okay. And so you assembled these documents 2 yourself or did you have help doing it? 3 A. I assembled them myself. 4 Q. Okay. And, just for the record, have any 5 documents not been produced? 6 A. Yes. There are some that have not been 7 produced. 8 Q. Okay. 9 MR. RUSSELL: Maybe I could interject for a 10 moment on two different matters. 11 MS. LaPLANT: Okay. 12 MR. RUSSELL: First of all, there were two 13 documents that are considered to be work 14 product. 15 MS. LaPLANT: Right. 16 MR. RUSSELL: And they were just discovered 17 late yesterday afternoon so we don't have a 18 list, but a list of the two will be forthcoming. 19 And the other matter that involved 20 documents that may be responsive that were not 21 produced regard the objections to several of the 22 requests that we discussed on the phone last 23 week. I faxed a letter to your office 24 yesterday, just confirming that we had had that 25 conversation, that there were voluminous 9 1 documents on several of the paragraphs, 2 specifically 6, 7 and 8 that -- and I've 3 enumerated them in the objections that I will 4 now give to you and at that time you said that 5 you weren't interested in a bunch of documents 6 that weren't relative to his testimony and the 7 issues involved so we didn't respond to those 8 for the reasons stated in there. 9 MS. LaPLANT: Well, of course, I'm not 10 interested in anything that's not relevant to 11 the request, however, Mr. Beardsley is a fact 12 witness and his testimony is rather broad in 13 scope. 14 I'll look at that later. 15 MR. RUSSELL: Okay. 16 BY MS. LaPLANT: 17 Q. Did you, Mr. Beardsley, review any 18 documents in preparing for your testimony today? 19 A. Just as -- I reviewed my files to pull out 20 those documents that we did produce. That's all. 21 Q. Okay. And what documents did you review? 22 A. I reviewed all of my files that had to do 23 with water control. 24 Q. And what was your purpose in reviewing 25 those documents? 10 1 A. To ascertain that they were applicable to 2 what I was asked to produce. 3 Q. About how long did you spend reviewing your 4 documents? 5 A. All total better part of one day. 6 Q. Did you discuss your deposition prep with 7 anyone? 8 A. Yes. With my attorney. 9 Q. And what did you discuss with him? 10 MR. RUSSELL: I would object to the extent 11 that it involves attorney/client communications, 12 but you can generally tell her what you did. 13 THE WITNESS: We went over the rules of the 14 deposition; tell the truth and basically that 15 was it. And to review what was meant by this 16 notice and the obtaining of those documents. 17 MS. LaPLANT: Okay. I'd like to mark as 18 Exhibit 2 Mr. Beardsley's witness designation. 19 (The document was marked 20 Exb. No. 2.) 21 BY MS. LaPLANT: 22 Q. Have you seen this before? 23 A. Yes. 24 Q. Who showed it to you? 25 A. Mr. Russell. 11 1 Q. Are you aware that Florida Sugar Cane 2 League has identified you as a fact witness? 3 A. As a fact witness, no, I wouldn't be aware 4 of what kind of witness. 5 Q. Okay. Have you discussed this designation 6 with anyone? 7 A. Mr. Russell. 8 Q. And when was that? 9 A. Last week and again yesterday. 10 Q. Okay. If you take just a minute to read 11 what your subject matter of expected testimony is. 12 Do you generally agree with your areas of knowledge? 13 A. Yes, ma'am. 14 Q. Okay. Have you been asked to offer any 15 opinions in any of these areas? 16 A. I'm not sure what you mean by opinions. I 17 have been -- 18 Q. Okay. For instance, regarding BMPs, have 19 you been asked to formulate an opinion about BMPs' 20 effects on U.S. Sugar's agricultural practices? 21 A. There's so many BMPs and -- 22 Q. Uh huh. 23 A. -- I have been asked to formulate some 24 BMPs. 25 MR. RUSSELL: I don't know if Mr. Beardsley 12 1 understands that -- whether -- you're asking 2 him: Is he going to provide opinion testimony? 3 No. He's listed as a fact witness for facts 4 only. 5 MS. LaPLANT: Correct. 6 MR. RUSSELL: And I'm not sure. He may be 7 confused a bit about whether or not, in fact, 8 he's going to be offering a lay opinion which is 9 no. I can answer that for you, but if he's 10 confused or you want him to answer that same 11 thing, he can answer that question now now that 12 he knows, but -- 13 BY MS. LaPLANT: 14 Q. Well, I'm not asking you to render an 15 expert opinion about anything. I'm just asking you 16 for your opinions about the facts of the case which 17 we'll get into later but can go on. 18 Have you prepared any summaries in 19 preparation for this deposition? 20 A. No. 21 Q. Do you anticipate doing so? 22 A. No, ma'am. 23 Q. Are you familiar with the SWIM -- the 24 Everglades SWIM Plan document? 25 A. I have seen it. 13 1 Q. Have you read the final document dated 2 March 13th? 3 A. No, I have not. 4 Q. Have you read any drafts of it? 5 A. I have seen some drafts. I have taken 6 notice of them, but I have not read any thoroughly. 7 Q. So have you read parts of some of them? 8 A. Yes. 9 Q. Has anyone asked you to do so? 10 A. No. 11 Q. And why did you read them in the first 12 place? 13 A. Because I went to a public meeting and some 14 drafts were handed out to anybody who wanted one. I 15 scanned through it and stuck it in the file. 16 Q. Mr. Russell has stated that you don't have 17 a current resume. Is that correct? 18 A. That's correct. 19 Q. Okay. Where did you attend high school? 20 A. Clewiston High School. 21 Q. Did you attend college? 22 A. Yes. 23 Q. Where was that? 24 A. University of Florida. 25 Q. What was your major? 14 1 A. Agricultural economics. 2 Q. Currently you're holding the position of 3 Superintendent of United States Sugar, is that 4 correct? 5 A. That was recently -- title was recently 6 changed approximately three weeks ago to General 7 Manager of the Western Division. 8 Q. Okay. What does that job entail? 9 A. The planting, land preparation, 10 cultivation, harvesting of sugar cane; the planting 11 and coordinating. 12 Q. So do you oversee other people that plant 13 sugar cane? 14 A. Yes, ma'am. 15 Q. Do you grow any vegetables? 16 A. No, I do not. 17 Q. Okay. And you've held that position for 18 only three weeks, is that what you said? 19 A. General Manager. Simply a title change. 20 Q. Okay. So previously you were 21 Superintendent. What are the differences in the two 22 jobs? 23 A. None. 24 Q. Why was your title changed? 25 A. I have no idea. 15 1 Q. How long have you been -- were you 2 Superintendent before you were General Manager? 3 A. Approximately nine years. 4 Q. What did you do before that? 5 A. I was the Assistant Superintendent of the 6 Western Division. 7 Q. And what did you do in that job? 8 A. I was in charge of all the field operations 9 that encompassed the jobs that I previously 10 mentioned. 11 Q. And how long were you Assistant 12 Superintendent? 13 A. Approximately three years. 14 Q. And what position did you hold before that? 15 A. Technical Assistant Western Division. 16 Q. For how long? 17 A. Approximately six or seven years. 18 Q. What did that job entail? 19 A. It entailed acting as a staff person 20 primarily dealing with agricultural chemicals, the 21 applications and various other jobs that were 22 assigned to me, projects and jobs assigned by the 23 Division Superintendent. 24 Q. And before that what did you do? 25 A. I can't -- I can't remember my title. I 16 1 guess it was Agricultural Chemist -- Field Chemist 2 would be the title. Field Chemist. 3 Q. And was that right after you got out of 4 college? Are we getting back that far? 5 A. Yes. Very soon. 6 Q. Did you go on to get a master's? 7 A. No, I did not. 8 Q. Have you published any papers or articles? 9 A. No. 10 Q. If you could, I'd like you to explain 11 briefly the organization of U.S. Sugar just in a very 12 general way. Like when was it founded? 13 A. I couldn't speak to exact dates of when it 14 might have been founded except to say it was in the 15 early 1930s -- 16 Q. Uh huh. 17 A. -- as a successor to the old Southern Sugar 18 Corporation. 19 Q. How does it operate? 20 MR. RUSSELL: I'm going to object as 21 ambiguous. 22 If you understand what she's asking you, 23 you can answer. 24 BY MS. LaPLANT: 25 Q. How does it operate as a business? Are 17 1 there individual farmers or how does it work? 2 A. U.S. Sugar is a corporation, now a private 3 corporation -- 4 Q. Uh huh. 5 A. -- set up along what I guess you might 6 refer to as standard corporate management lines that 7 is engaged in the growing and processing of sugar 8 cane into raw sugar and has a subsidiary involved in 9 vegetable operations, formerly engaged in cattle 10 production operations and has recently become 11 involved in citrus operations in which they have 12 their own citrus groves and are constructing a citrus 13 processing plant. 14 Q. If you know how many acres of sugar cane 15 does U.S. Sugar own presently in the EAA? 16 A. I don't mean to be facetious, but when you 17 say in the EAA, I would have to do some calculation 18 because they do own some that are outside what my 19 understanding of the EAA boundaries are. 20 MR. RUSSELL: If you know the answer then 21 answer it, if you know how many acres. 22 Would you repeat the question, please. 23 BY MS. LaPLANT: 24 Q. If you don't know how many acres there are 25 in the EAA specifically, do you know how many acres 18 1 U.S. Sugar owns generally? 2 A. No, I do not know how many they own. 3 Q. Are you saying own as opposed to lease? 4 A. Lease, yes, ma'am. 5 Q. Okay. Do you know how much U.S. Sugar owns 6 and leases and/or any other way they may run -- raise 7 sugar cane on that land? I'm not trying to be 8 specific as far as own versus lease. 9 MR. RUSSELL: Counsel, your question is how 10 many acres they are -- U.S. Sugar is actually 11 cultivating in sugar cane? 12 If you know that answer, answer that. 13 THE WITNESS: That answer would be 14 approximately 120,000 acres. 15 BY MS. LaPLANT: 16 Q. 125,000, is that what you said? 17 A. 120,000. 18 Q. And what about the citrus that you had 19 referred to earlier? 20 A. Approximately 19,000 acres. I would add 21 that that is in total, not necessarily within the 22 EAA. 23 Q. All right. In what locations is sugar 24 grown other than the EAA, what you consider to be the 25 EAA 19 1 A. By location, do you mean our farm 2 designation or farm name? 3 Q. Well, first of all, let me ask you what 4 your understanding of the EAA is. What does that 5 consist of? 6 A. My understanding of the EAA is that the 7 western boundary is what I know as L-1, L-2, L-3 8 levee system down to Water Conservation Area 3 and 9 then back to the east. I am not sure of the eastern 10 boundary since I am not involved in that, not 11 familiar with that side of the EAA. With the 12 deletion of what I know as the S-4 basin, anything 13 west of that L-1, 2 and 3 system. 14 Q. Are statistics kept on the yields per acre 15 of sugar cane? 16 A. Yes, ma'am. 17 Q. Who keeps those statistics? 18 A. Many, many people would. 19 Q. All right. Who compiles those statistics? 20 A. Our Agriculture Department. 21 Q. And about how many people are involved in 22 that process? 23 A. It involves people outside of our 24 department, computer staff and so forth. I couldn't 25 answer that question. 20 1 Q. Okay. I'd like to get into how -- the 2 actual process of growing sugar cane in the EAA. I'm 3 going to ask you a series of questions about that. 4 First of all, how does the field have to be 5 prepared before the cane is planted? 6 A. That can vary widely. 7 Q. Okay. 8 A. If it's continuation of sugar cane on 9 fields prior to that, had sugar cane in them also, 10 the land preparation would involve what we call 11 disking. 12 Q. What is that? 13 A. That's -- some people know that as 14 harrowing which it's pulled behind a tractor and it 15 destroys any vegetative matter that was growing there 16 so that it can be properly prepared into a clean seed 17 bed. It may also -- 18 Q. Besides harrowing, does the field have to 19 be leveled? 20 A. It may or may not. 21 Q. Under what circumstances would it have to 22 be leveled? 23 A. As far as our farm manager, whether the 24 field is level enough in his opinion, whether it 25 warrants some leveling. 21 1 Q. How do you go about leveling? 2 A. There are land levelers, implements some 3 which are equipped with laser units so that the 4 leveling can be done to a very fine tolerance that 5 are pulled across the field that move the dirt around 6 so it becomes level. 7 Q. Is the leveling -- do you do the leveling 8 process after any given harvest to level the land? 9 Does it have to be done on a continual basis? 10 A. Not necessarily. 11 Q. What's the growing season for sugar cane? 12 A. Year round. 13 Q. So there's no specific season in which it's 14 planted or harvested? 15 A. The planting season generally begins in -- 16 sometime in September or early October and may extend 17 through mid January. 18 Q. Do you allow some fields to lie fallow at 19 certain times? 20 A. Yes. 21 Q. Do you do crop rotation? 22 A. Yes. 23 Q. And why would the crops be rotated? 24 A. To -- so that during the fallow period, or 25 shall we say non sugar cane period, that -- there's 22 1 some benefits that may be derived from flooding of 2 the land, if rice is a rotational crop, for insect 3 and weed control. 4 Q. What do you mean by benefits from flooding 5 the land? 6 A. It's a long time practice that flooding the 7 land helps to kill soil born insects, destroy some 8 weed and grass seeds, prevents wind erosion. 9 Q. Can you explain what the term, "fallow" 10 means? 11 A. Fallow means to be out of production of a 12 specific crop that one may be engaged in producing. 13 Q. Does that mean that you might grow another 14 crop on a fallow field? 15 A. Yes. 16 Q. What crops might you grow on sugar cane 17 fields when they're not being used for sugar? 18 A. Rice, corn and what we might refer to 19 simply as a cover crop. 20 Q. What benefits are there to growing 21 different crops on sugar land? 22 A. For the rice crops, those which I just 23 mentioned. For corn some added economic value to 24 that land, what is known as a cash crop. For the 25 cover crops, certain cover crops are legumes which 23 1 help to add some nitrogen, nitrification back to the 2 soil and while that cover crop is growing, it 3 prevents other weeds and grasses from becoming 4 established in the field while it's in the fallow 5 stage. 6 Q. Now, after the field has been leveled, if 7 it needed to be leveled and furrowed, how is the 8 sugar cane planted? 9 A. The sugar cane seed pieces are actually 10 stalks of sugar cane which are dropped end to end, 11 also generally a double line end to end in the bottom 12 of the furrow, soil insecticide may or may not be 13 applied after that operation and then the furrow is 14 covered over with dirt. 15 Q. How do you determine whether or not 16 insecticide is applied? 17 A. If a field has had rice as a rotational 18 crop planted on it we do not apply insecticide. 19 Q. Would you automatically use insecticide if 20 the crop were sugar? 21 A. Current practice is yes. 22 Q. What kinds of insecticides do you use? 23 A. It's organic phosphate type of insecticides 24 that are registered by EPA for use in sugar cane for 25 that purpose. 24 1 Q. Does it need to be applied only at the 2 beginning of the crop growth or do you need to 3 reapply it throughout the growth of the crop? 4 A. That's a bit of a trick question between 5 designating between the need to apply and the actual 6 ability to apply. The ability to apply is only at 7 the beginning. 8 Q. Okay. How often is it actually applied? 9 A. Once. At the beginning. 10 Q. How do you go about fertilizing the sugar 11 cane? What method of fertilization do you use? 12 A. What do you mean, the application method? 13 Q. Do you use banding or broadcasting? 14 A. We use banding. 15 Q. Can you explain that process? 16 A. Fertilizer is put into a fertilizer 17 distributor or implement that is pulled through the 18 field by tractor and the implement is designed and 19 built such that it allows the fertilizer to come out 20 of the implement in a small band on each side of the 21 row of sugar cane. 22 Q. Are you familiar with broadcast 23 fertilizing? 24 A. Yes, ma'am. 25 Q. Do you use that at all? 25 1 A. Current practice, no. 2 Q. Does banding -- using the banding method of 3 fertilization, is that more economical than broadcast 4 fertilization? 5 A. I couldn't answer that. I don't know. 6 Q. Does it use less fertilizer, the banding 7 method, then broadcasting? 8 A. For sugar cane? 9 Q. Uh huh. 10 A. I couldn't fully answer that because I 11 don't do anything on the development of the rates of 12 fertilizer that are recommended. 13 Q. Okay. Do you have any idea of how much 14 fertilizer you might apply per acre to sugar cane? 15 A. That would vary on the soil types and the 16 need for application, but I do know that we have 17 fields that we apply no fertilizer to. 18 Q. Can you give an average amount of 19 fertilizer that you would apply? 20 A. I would have to do a lot of work to come up 21 with some kind of average. 22 Q. So you can't give any estimation at all? 23 A. No. It can vary so widely in different 24 acreages, I couldn't do that. I couldn't give you an 25 estimate. 26 1 Q. Okay. So you couldn't give me any high or 2 low parameters as far as how much fertilizer is used 3 on an acre of sugar cane? 4 MR. RUSSELL: He's -- asked and answered. 5 BY MS. LaPLANT: 6 Q. You can respond to the question. 7 MR. RUSSELL: Would you repeat the 8 question? 9 BY MS. LaPLANT: 10 Q. The question was: Can you give any high or 11 low parameters regarding how much fertilizer you 12 apply to an acre of sugar cane? 13 A. Yes. 14 Q. And what would those be? 15 A. From none to an upper limit within the EAA, 16 is that the question? 17 Q. Yes. 18 A. In some very limited areas within the EAA 19 there would be a minor part that might receive as 20 much as 1,300 pounds per acre. 21 Q. How long does it take sugar cane to reach 22 maturity? 23 A. That's a question I guess researchers have 24 been working on for hundreds of years. Sugar cane, 25 traditionally within Florida's conditions, we 27 1 consider it to be 12 months. 2 Q. Do you know what a ratoon is? 3 A. Yes, ma'am. 4 Q. Can you define that for me? 5 A. It is the regrowth of an initial planting 6 of a crop after it's been harvested. 7 Q. What's the purpose of a ratoon? What's it 8 used for? Does an additional crop come out of it? 9 A. Ratoon would by necessity then mean that 10 we're dealing with a perineal crop. 11 Q. What does that mean? 12 A. Perineal crop is a crop that its life cycle 13 is for more than one year. The ratoon is simply -- 14 the purpose of it is God gave it the ability to have 15 that. I don't mean to be facetious, but we are able 16 to harvest the ratoon crop. The regrowth, we can 17 harvest that again. 18 Q. For how many years? 19 A. That varies again widely from locations, 20 climatic conditions, insect problems, water control 21 problems and so forth and so on. It can vary quite 22 widely. Generally the average in Florida is 23 considered to be three to four crops. 24 Q. How do you determine when the ratoon stalk 25 is exhausted? 28 1 A. From our production records from the 2 preceding harvest as well as visual observation of 3 the regrowth. 4 Q. When it's decided that the ratoon stubble 5 won't be used for an additional crop what do you do 6 with the field? 7 A. The first thing is, by the disking or 8 harrowing operation that I referred to, is to destroy 9 the remnants of the ratoon crop. 10 Q. I'd like to now get into a little bit about 11 water level. Is water level control important to 12 growing sugar cane? 13 A. Yes, ma'am. 14 Q. Why is it important? 15 A. To adequately supply sufficient water to 16 the plant for optimum growth. 17 Q. What happens if the water level is too 18 high? 19 A. The extreme would be that the crop would 20 die. 21 Q. And why would it die? 22 A. The deprivation of oxygen primarily through 23 the root system over an extended period of time would 24 cause the plant to die. 25 Q. What happens if the water level is too low? 29 1 A. Again, the plant could die. 2 Q. Are sugar cane's roots more tolerant of 3 flooded conditions or of a high hydroperiod than 4 vegetable roots? 5 A. There are many, many kinds of vegetables 6 and I would rather some scientist answer that. I 7 couldn't. 8 Q. In general, you don't have any thoughts on 9 that? 10 A. In general, sugar cane tends to be more 11 tolerant. 12 Q. Why is that? 13 A. The nature of the plant. 14 Q. How long would the sugar cane roots have to 15 remain in standing water for them to be irreparably 16 damaged or for the cane to die? 17 A. I can't answer that. Because -- 18 Q. Is that your answer, you can't answer that? 19 Do you think excess water or high 20 hydroperiod is a problem in sugar cane production? 21 A. It can be. 22 Q. What is an adequate water table for sugar 23 measured at? 24 A. I can't answer that with a snap shot given 25 water table for cane growth. 30 1 Q. You can't give an average depth of water? 2 A. I have to know more in terms of the 3 question to be able to answer it. I have to know the 4 stage of the crop, other climatic conditions and so 5 forth. 6 Q. Okay. How do you measure the water table? 7 A. On our farms we actually measure the canal 8 system levels. There are some measurements done by 9 others within the company that actually determine 10 field water tables. 11 Q. Do you know what a site gauge is? 12 A. A site gauge to me is any site gauge on 13 fuel tanks, water tanks, whatever. In reference to 14 some water table readings or something, then I would 15 not know. 16 Q. Okay. How do you irrigate the sugar crop 17 if there's not enough water? 18 A. If there's not enough water within the 19 field and water is available from other sources we 20 either by pumping or by gravity control allow water 21 to come in and raise the canal water levels, which in 22 turn tends to raise the field water tables. 23 Q. If the water is pumped where is it pumped 24 from? 25 A. It may come from within a water basin such 31 1 as a 298 district or it may come from South Florida 2 Water Management's primary canal system. 3 Q. Now, what did you mean when you used the 4 term, "by gravity"? 5 A. In some locations -- some farm locations 6 the outside water levels are higher than the required 7 or needed at that time canal level on the interior of 8 the farm so we can simply open some gates and allow 9 water to gravity feed into that area. 10 Q. If there's too much water on the crop how 11 would that be -- how would the water be controlled or 12 drawn down? 13 A. Again, within -- an area would have to be 14 pumped unless the, again, the outside water level is 15 lower than the interior basin, farm or canal water 16 levels then we can simply gravity feed it out. 17 Q. Where would it be pumped to? 18 A. It may be pumped within the farm to other 19 areas in which there is not excess water and it may 20 be pumped off of the farm either into a 298 district 21 or again into the South Florida Water Management 22 primary canal systems. 23 Q. Prior to harvesting a sugar cane crop does 24 the water have to be drawn down to any certain level? 25 A. There is no certain level, no. 32 1 Q. Does the water have to be drawn down at 2 all? 3 A. Not necessarily. 4 Q. Under what conditions would it have to be 5 drawn down prior to harvesting? 6 A. Prior rainy, wet or excess water 7 conditions. 8 Q. Why are the sugar cane fields burned prior 9 to harvest? 10 A. To remove the extraneous dry matter trash 11 that hampers field harvesting operations. 12 Q. And how exactly is the field burned? 13 A. Every field burn is different due to the 14 existing climatic conditions, but all fields are 15 burned under the burning regulations of the Florida 16 Division of Forestry and their regulations that apply 17 to and permitting system that apply to sugar cane 18 field burning. 19 Q. How is the sugar cane crop harvested? 20 A. Either by hand or mechanical means. 21 Q. When the crop is actually cut is that done 22 by hand or machine? 23 A. One or the other. 24 Q. It could be either or both? 25 A. Yes. 33 1 Q. In any given field? 2 A. Not both. 3 Q. So in a given field it's either by hand or 4 machine? 5 A. Yes. 6 Q. And what about the collection process of 7 collecting all the cut sugar cane, is that by hand or 8 machine? 9 A. When harvested mechanically, the machine 10 both cuts and collects it -- 11 Q. Uh huh. 12 A. -- at the same time. If harvested by hand 13 then the cane is collected by machine. 14 Q. All right. Can you describe the process of 15 harvesting sugar by hand? How is that accomplished? 16 A. Hand cutters are assigned a cut row which 17 consists of two rows -- linear rows of sugar cane. 18 Two cutters work together as partners and pile the 19 portions of the stalks that they are instructed to 20 cut for milling purposes together to make one heap 21 row, so therefore a heap row consists of four linear 22 rows of sugar cane. The immature portions of the 23 stalk, the tops, the secondary growth, etc. is piled 24 into a trash row that alternates between the heap 25 rows. Then the heap rows of sugar cane are gathered 34 1 mechanically by what is known as a continuous loader 2 and collected, if you will, in which the stalks are 3 cut into shorter pieces and placed into field 4 transport wagons which in turn are transported from 5 the field to some central transfer point and 6 transferred either into trucks or rail cars for 7 delivery to the sugar mill. 8 Q. What implements or tools are used in 9 harvesting the cane by hand? 10 A. Do you mean what tools does a hand worker -- 11 Q. Yes. 12 A. -- use? 13 He is -- he uses a cane knife. 14 Q. Is that it? That's the only implement 15 used? 16 A. That's the only implement used for cutting 17 of the cane. 18 Q. What's -- are there any advantages to hand 19 harvesting versus machine harvesting? 20 A. Yes, ma'am. 21 Q. What are they? 22 A. The hand worker through his physical 23 actions selects those portions of the cane stalk 24 which are most desirous of -- for making sugar on an 25 individual basis. The mechanical harvester cannot do 35 1 that. It collects anything and everything. 2 Secondly, as I described in the hand cutting 3 operation, there are four linear rows of cane placed 4 into one heap row requiring field transports then to 5 move through the field for every fourth row, if you 6 will, and a mechanical harvester requires the field 7 transport and the mechanical harvester itself to go 8 back and forth through the field for every single 9 row. 10 Q. Okay. After the sugar cane is cut and 11 gathered together how is it transported to the mill? 12 A. As I mentioned, either by truck or by rail 13 car. 14 Q. Okay. Now, is there a time frame in which 15 you should get the sugar to the mill for the optimum 16 quality? 17 A. That again is not an absolute. It depends 18 on climatic conditions but, in general, harvesting 19 operations should be such that with all due speed 20 sugar cane is transported to the mill for processing 21 as quickly as possible. 22 Q. What happens to the raw sugar once it 23 reaches the mill? 24 A. The raw sugar is placed in a warehouse. 25 Q. Okay. How -- my question is: How is the 36 1 sugar processed at the mill? 2 A. I, believe it or not, haven't been inside a 3 sugar mill in 15 years. That's for the mill boys. 4 Generally, it's crushed and the juice is boiled off 5 to make a syrup and the syrup is spun through a set 6 of centrifugals to separate the molasses from the raw 7 sugar and that's a very, very simplified layman's 8 answer. 9 Q. Has sugar cane replaced growing vegetables 10 in the EAA to any extent? 11 A. I've never been involved in the vegetable 12 operations. I couldn't answer that because I've not 13 been involved in vegetable operations to say whether 14 any have been replaced or not. 15 Q. Do you know if there's more acres of sugar 16 grown in the EAA than there are of vegetables? 17 A. Yes, I would say that. 18 Q. Do you happen to know what percentage of 19 the Florida sugar industry is made up of U.S. Sugar? 20 A. Only on a sugar cane acreage basis. I 21 would say approximately one fourth. 22 Q. Do you know what soil subsidence is? 23 A. Subsidence. 24 Q. Is that how you pronounce it, subsidence? 25 A. Subsidence, yes, ma'am. 37 1 Q. What is that? 2 A. It's the compaction or depletion of a soil 3 over time. 4 Q. Does soil subsidence occur when one is 5 growing sugar over time? 6 A. Yes. 7 Q. Why does that occur? 8 A. I am not a soil scientist. First of all, 9 they tell us that the organic matters are not true 10 soils, that it is, as it implies, organic matter and 11 it just subsides. 12 Q. So organic matter would be more likely to 13 compact then what is typically known as soil, is that 14 what you're saying? I'm confused. 15 A. I couldn't understand it. I mean I 16 couldn't answer that. It's my understanding that 17 subsidence or depletion can occur in all soils. 18 Q. Okay. Do you have any idea how much soil 19 is lost per year on U.S. Sugar's lands in the EAA due 20 to subsidence? 21 A. No, ma'am, I could not. 22 Q. Is it important to minimize subsidence? 23 A. Naturally, yes, ma'am. 24 Q. Why? 25 A. To maintain good depth of soils so that we 38 1 can produce crops for as long as possible. 2 Q. What is a good depth of soil to grow sugar 3 cane in? 4 A. That's again a very difficult question to 5 answer. It would depend upon the underlying rock 6 strata, how broken that strata might be. 7 MR. RUSSELL: Excuse me. I want to take a 8 quick break. 9 (Thereupon, a recess was taken.) 10 MS. LaPLANT: Back on the record. 11 BY MS. LaPLANT: 12 Q. Can you give me an average depth of soil in 13 which you grow sugar cane? 14 A. No, ma'am, I couldn't. 15 Q. Are you aware if sugar cane -- if the level 16 of soil has become shallower over the years as 17 opposed to when you first started growing sugar cane? 18 A. Yes. I'm aware in the organic areas. 19 Q. What do you mean by that? 20 A. It has become shallower. 21 Q. What do you mean in the organic areas? 22 A. In the muck soils. We refer to them as 23 soils even though the scientists say they are not. 24 What we call the muck soils -- 25 Q. Uh huh. 39 1 A. -- yes, they are shallower from when I 2 first began. 3 Q. By how much? 4 A. That I couldn't answer. 5 Q. Who could give me that information? 6 A. Perhaps some people with the University of 7 Florida IFAS Soils Department at Everglades -- what 8 we call the Everglades Experiment Station in Belle 9 Glade. 10 Q. But you can't name a specific person? 11 A. No, I couldn't. 12 Q. Okay. 13 MS. LaPLANT: I'm going to mark as Exhibit 14 3 an excerpt from the March 13, 1992 Everglades 15 SWIM Plan. 16 (The document was marked 17 Exb. No. 3.) 18 BY MS. LaPLANT: 19 Q. You mentioned earlier in the deposition 20 that you had possibly read parts of certain SWIM 21 plans. 22 Have you read -- if you will take a look at 23 page 110. Have you read anything about the EAA 24 Regulatory Program that's mentioned near number 4 at 25 the bottom of page 110? 40 1 A. No, ma'am, I have not read that. 2 Q. Okay. Are you familiar with the EAA 3 Regulatory Program? 4 A. No, ma'am. 5 Q. I'd like to draw your attention to page 113 6 and 114. There's listed there nine BMPs and I'd like 7 to know if you've ever read these pages, 113, 114. 8 A. I've seen reference to that, but never read 9 those pages or read this exactly. 10 Q. Okay. When you say reference to that, do 11 you mean the nine BMPs? 12 A. Just to BMPs. 13 Q. Okay. 14 A. I wouldn't even testify that there were 15 nine of them. 16 Q. I'd like you to take a few minutes and just 17 read these five -- these nine BMPs. 18 A. Okay. 19 Q. You've read the nine BMPs? 20 A. Uh huh. 21 Q. I'd like to start with number 1, calibrated 22 soil test recommendations. 23 Do you understand that or know how that 24 process works? 25 A. Only vaguely. 41 1 Q. Okay. Can you describe your vague 2 understanding of it? 3 MR. RUSSELL: Are you talking about the 4 calibrated soil tests? 5 MS. LaPLANT: Uh huh, number 1. 6 THE WITNESS: You're talking about -- 7 MR. RUSSELL: Just the test itself. 8 What a calibrated test -- soil test is, is 9 that the question? 10 MS. LaPLANT: Uh huh. 11 THE WITNESS: It is a system whereby soil 12 is sampled from individual fields and analyzed. 13 BY MS. LaPLANT: 14 Q. So how would the results of those analyses 15 turn into recommendations that could reduce 16 phosphorus losses that's mentioned in number 1? 17 A. The analysis would generate a 18 recommendation that would be based on what was found 19 in the field so that only any additional phosphorus, 20 if necessary, in the fertilizer would be all that 21 would be recommended. 22 Q. Do you know if this is being implemented in 23 the EAA at all? 24 A. I couldn't answer that within the EAA. 25 Only at U.S. Sugar. 42 1 Q. Okay. Let me reword it then. 2 Is this being utilized by U.S. Sugar? 3 A. To my understanding, yes. 4 Q. Okay. Can you think of any adverse effects 5 that this BMP would have on sugar crops or crop 6 yields? 7 A. I couldn't speak to that. I don't know 8 whether -- that's something the soil scientists would 9 have to answer. 10 Q. Number 2 is banding fertilizer. We talked 11 about that previously. You explained how that works. 12 And you also testified that that method is being used 13 by U.S. Sugar, is that correct? 14 A. Yes, ma'am. 15 Q. Okay. Can you think of any ways in which 16 this BMP might adversely affect sugar crop yields or 17 crops? 18 A. Again, the soil scientists that -- would 19 have to answer that. 20 Q. Has it been your experience that you have 21 personally noticed that banding has affected crops or 22 crop yields in a negative way? 23 A. As I mentioned earlier, my only fertilizer 24 experience with sugar cane is banding. 25 Q. And, in your experience, have you found 43 1 that banding has had a negative effect on sugar cane? 2 A. Well, again, with my only experience with 3 that, I have nothing else to compare it with. 4 Q. Number 3 is preventing fertilizer spills. 5 Does U.S. Sugar use this method, this BMP? 6 A. Yes, ma'am. 7 Q. Okay. And can you explain briefly how that 8 works? 9 A. Instruction and monitoring of -- by 10 supervisory staff of field practices; let's be 11 careful and don't spill it. 12 Q. Does preventing fertilizer spills save U.S. 13 Sugar money? 14 A. Obviously, wasted fertilizer is one a 15 monetary loss. 16 Q. Number 4, minimizing water table 17 fluctuations. Can you explain that BMP? 18 A. Basically, what that says to me is not over 19 pumping or over drainage. 20 Q. So keeping the water level at a certain 21 depth, is that correct? 22 A. That would be one way to express it. 23 Q. Can you think of any negative effects that 24 this BMP might have on crops or crop yields? 25 A. Yes. That could lead to some yield and -- 44 1 crop and yield losses would be possible. 2 Q. Can you explain that further? 3 A. There could be situations in which the 4 water table is maintained at some level at which 5 you -- so as to minimize fluctuations. You've 6 maintained it at a higher level and should you suffer 7 sudden heavy rainfall events and/or floods as can 8 happen here, you could have water in the fields, the 9 fields saturated with water or flooded for longer 10 periods of time then you might have had in the past 11 had you been able to hold the water tables at a lower 12 level. 13 Q. And in what way would that adversely affect 14 the cane or the crop yield? 15 A. Again, that would vary on field to field. 16 Q. What do you base your opinion on number 4? 17 A. Field observations. 18 Q. So personal experience? 19 A. Yes, ma'am. 20 Q. Are you aware of any studies or research 21 that supplements what you've said or agree with what 22 you've said? 23 A. I'm not aware of any. 24 Q. Number 5 is retention of on-farm drainage. 25 Can you explain that BMP? 45 1 A. I think I may have mentioned something 2 along those lines when you asked about what happens 3 when we have excess water and I mentioned that you 4 could pump it within the farm and that's what that 5 means, that you would put it somewhere else within 6 the farm that may not have received as much rainfall. 7 Q. So this is being implemented by U.S. Sugar 8 presently? 9 A. Yes, ma'am. 10 Q. Can you think of any adverse effects of 11 this BMP on crops or crop yields? 12 A. In and of itself there may be farms that 13 have fallow fields that we've talked about. When you 14 have the fallow fields or rice production then you 15 obviously have a place to do this. There may be some 16 farms that do not have the ability at certain times 17 to do that simply because in their management they 18 don't have fallow fields available. So if you don't 19 have to do it, then there is no loss. 20 Q. Number 6, retention of vegetables field 21 drainage water in sugar cane or fallow lands. Could 22 you explain that? 23 A. Again, this occurs where vegetable 24 production and sugar cane production are occurring 25 within the same water basin. 46 1 Q. Uh huh. 2 A. And it's transferring vegetable water into 3 sugar cane or fallow fields as they talked about. 4 Q. Is that being implemented by U.S. Sugar? 5 A. Yes. 6 Q. And what, if any, concerns do you have 7 about this BMP and its effect on crops or crop 8 yields? 9 A. I would give the same answer as I gave 10 previously to number 5. When land is available to do 11 that, there is -- it can work. When land is not 12 available to carry out this practice, it could be 13 damaging. 14 Q. Number 7, aquatic cover crop for off-season 15 vegetable production and fallow rotation of sugar 16 cane. Could you explain that? 17 A. As they refer to aquatic cover crop such as 18 rice, if the rice fields -- production of rice 19 involves flooding and there may be times in which 20 excess water can be pumped onto rice fields rather 21 than pumped out of the basin. And in fallow 22 rotation, the same thing would apply. If the -- 23 fallow means that, in this particular case, that 24 there is nothing growing on there, then those fields 25 could also be flooded. 47 1 Q. Would growing an aquatic cover crop have 2 any adverse effects on the soil that you know of? 3 A. I couldn't answer that one. 4 Q. Would growing an aquatic cover crop provide 5 you with an additional cash crop or as if you -- 6 whereas if you left the field fallow you would not be 7 receiving any profits? Is that accurate? 8 A. All I know is rice is another controlled 9 and subsidized crop in this country and I don't think 10 there's very much money in it. 11 Q. What else besides rice might be grown as an 12 aquatic cover crop? 13 A. That's the only one I know of. I don't 14 know if there are others available. 15 Q. Number 8, on-farm retention ponds. Could 16 you explain that BMP? 17 A. Like it says, it's the setting aside of 18 some portion of the land area within a basin to 19 receive excess water before that water -- in place of 20 or before that water being pumped out of the basin, 21 meaning setting aside some acreage to accomplish 22 that. 23 Q. Is that action implemented by U.S. Sugar 24 currently? 25 A. Within the EAA? 48 1 Q. No. Just by U.S. Sugar in general. 2 A. We have some farms in which the conversion 3 of the land to sugar cane production has required 4 permitting or within the permitting system has 5 required that we build retention ponds. 6 Q. If you were not required to -- 7 A. Excuse me. I would like to rephrase that 8 into: We've been required to build detention ponds. 9 Q. What's the difference? 10 A. Detention pond means that water is detained 11 for some period of time or some certain volume before 12 it passes through. Retention pond means that it 13 never leaves. It's retained. 14 Q. Number 9 is coordinated farm cropping 15 patterns. Can you explain that BMP? 16 A. This refers to what I mentioned in the 17 previous one. If land was available for movement of 18 water within the basin -- and this is saying that you 19 would have to change your farming patterns so that 20 land would be available either for fallow or for rice 21 fields so that you could maximize the previous BMPs 22 and you would have to change your farming pattern to 23 accomplish that. 24 Q. Is that being implemented by U.S. Sugar? 25 A. That becomes difficult to answer, because 49 1 we are implementing some of the others prior to that 2 that get involved in this. I would simply say that 3 we're growing more rice than we used to. 4 Q. Is U.S. Sugar currently using any BMPs that 5 are not mentioned in this list? 6 A. Yes, ma'am. Well, let me reconsider that 7 answer, please. Some of the BMPs are difficult to 8 fit within one of these nine and I would say that 9 there are -- yes, there's some BMPs that we're 10 practicing that are not listed here. 11 Q. Okay. Can you describe those one at a 12 time? 13 A. Repeat that. 14 Q. Can you describe those BMPs one at a time? 15 A. You'll find in documents provided a -- and 16 this may not include all since my part of the U.S. 17 Sugar's operation is only the Western Division. We 18 have what we call a parallel canal project and 19 sedimentation trap in a pump canal project, what is 20 called a cascade project. It's located in a 21 tributary canal. There's some BMPs being done by 22 other departments, so my list may not include them 23 all. 24 Q. Can you describe how the parallel canal 25 project works? 50 1 A. The object is to divert drainage water by 2 pumpage into a canal trap, if you will, pumping the 3 level in that canal to such a level as to create a 4 head differential between that trapped water and the 5 parallel drainage canal forcing the water to seep 6 from the trap through limerock back into the primary 7 pump canal before it's removed from the property. 8 Q. How is that different from the 9 sedimentation trap project that you next mentioned? 10 A. The sedimentation is that the pump canal 11 itself had been deepened and widened so the sediment 12 movement along the bottom of the canal would fall 13 into this hole and be trapped before being pumped. 14 Q. Then you mentioned the cascade project. 15 What is that? 16 A. That's an effort to pump drainage water 17 across an artificially created barrier of limerock 18 within the bottom of the canal and cascade that 19 drainage water across the limerock before it's 20 discharged out -- off the farm. 21 Q. Are these three BMPs described in the 22 documents that you've provided? 23 A. There are some design maps or just designs, 24 blueprints, if you will, of those projects in the 25 documents. 51 1 Q. And any other documentation besides the 2 maps? 3 A. It may be referred to as just simply the 4 projects referred to in some other memos there. 5 Q. Has U.S. Sugar submitted their own BMP 6 plan? 7 A. I don't know. 8 Q. Would you say that the BMPs that you just 9 described, the parallel canal project, the 10 sedimentation trap and the cascade project, do you 11 see those as more efficacious of moving phosphorus 12 than the nine BMPs that we talked about? 13 A. I wouldn't know. 14 Q. Are you familiar with what's called pump 15 BMPs? 16 A. Yes, ma'am. 17 Q. Can you explain those? 18 A. Pumping practice BMPs would refer to this 19 BMP listed here as number 4. It's an attempt to 20 minimize water table fluctuations. 21 Q. Okay. Are you familiar with Rule 40E-63? 22 A. Only that I have seen it in reference. I 23 have not read it. 24 Q. Now, previously you mentioned that you had 25 read, I believe, certain parts of certain SWIM plans. 52 1 From what you've read what's -- what do you think 2 generally of the SWIM Plan? 3 A. What I have read is very cursory. It 4 involves some period of time of drafts and so forth. 5 I don't know where the SWIM Plan is now, so I rather 6 not answer that. 7 Q. Okay. Do you think that implementation of 8 the SWIM Plan will have an adverse impact on U.S. 9 Sugar's crops or crop yields? 10 A. I honestly don't know. 11 MS. LaPLANT: Okay. I'd like to break for 12 just a minute. 13 (Thereupon, a recess was taken.) 14 MS. LaPLANT: Back on the record. 15 I have a few more questions for 16 Mr. Beardsley. 17 BY MS. LaPLANT: 18 Q. Regarding BMPs how would you define a BMP? 19 A. Well, it's a best management practice -- 20 Q. Uh huh. 21 A. -- for whatever operation may be involved. 22 That -- it also is practical and economical, involved 23 in whatever operation it is that you're trying to 24 achieve this BMP in. 25 Q. Would U.S. Sugar use BMPs if they weren't 53 1 requested to do so? 2 A. It would depend on what the BMP was. 3 Q. In other words, are they used -- are the 4 BMPs used, as you said, in an economical sort of way 5 or in an environmental protection way? 6 A. The reference in which we're using BMPs 7 here, there are elements of both and, obviously, 8 that's the purpose of it, but at the same time, it 9 must be economical to be able to practice it at all 10 or there would be nothing. 11 Q. What do you think the purpose of the BMPs 12 are? 13 A. Reference to the ones we're talking about, 14 all of these that I have read this morning and the 15 ones that we're referring to are all involved with an 16 attempt to lessen phosphorus discharges in -- off 17 site. 18 Q. Is phosphorus an important component for 19 sugar cane growth? 20 A. Yes, ma'am. 21 Q. And why is that? 22 A. I just refer to an old soils chemistry 23 class in that the first three elements we're provided 24 by the good Lord necessary for good plant growth and, 25 the second most important of the three, phosphorus is 54 1 one of them. 2 Q. Is the fertilizer that U.S. Sugar uses 3 phosphorus based? 4 A. I don't understand that question. 5 Q. Is it phosphorus based? Is phosphorous a 6 major component of the fertilizer used by U.S. Sugar? 7 MR. RUSSELL: Would you explain what you 8 mean by major component there, counsel? 9 Just let her explain it. 10 BY MS. LaPLANT: 11 Q. Let me ask it this way. What -- out of 12 what organic or inorganic materials is your 13 fertilizer made up? What constitutes what your 14 fertilizer is? 15 A. We have a Research Department that 16 formulates or tells us what mixtures of fertilizer to 17 use as we discussed based on our soil sampling. The 18 ingredients are specified by them. I would say that 19 we have fields that don't get any phosphorus. 20 Q. Let me ask it this way. In the fertilizer 21 U.S. Sugar uses, there are ratios of each component, 22 phosphorus, nitrogen, is that correct? There's 23 certain ratios? 24 A. In all fertilizers -- 25 Q. Right. 55 1 A. -- no matter who uses them. 2 Q. Right. 3 So my question -- 4 A. There are. 5 Q. What -- generally, what ratio is used? 6 A. I would rather let one of them answer that 7 one. 8 Q. All right. We talked about pesticides 9 briefly earlier. What kind of insects would you be 10 trying to control with pesticide? 11 MR. RUSSELL: I'd like to make a comment. 12 There are a lot of questions that you might ask 13 about irrelevant matters and I would suggest and 14 object that the entire area of insects and 15 insect control is outside the scope of the SWIM 16 Plan and the SWIM Plan challenge and if you've 17 got some general questions, you may want to 18 proceed, but I would object that they are 19 irrelevant. 20 You can answer the question. 21 THE WITNESS: Would you repeat the question 22 again, please, ma'am. 23 BY MS. LaPLANT: 24 Q. What kind of insects are you trying to 25 control through the use of pesticides? 56 1 A. We don't control all insects. We don't 2 attempt to. But there are soil insects such as 3 wireworms and grubs and then there are what we might 4 refer to as the above ground insects which include 5 such things as aphids, mites, sugar cane borers. 6 Q. Do you have any idea about how many pounds 7 of fertilizer are used in U.S. Sugar's crops per 8 year? 9 A. No, ma'am. 10 Q. Same question for pesticides. 11 A. No, ma'am. 12 MS. LaPLANT: Okay. I have no further 13 questions for right now, but I believe the U.S. 14 does. 15 CROSS (Wayne Beardsley) 16 BY MR. FERRELL: 17 Q. Mr. Beardsley, I just have a few questions 18 today and, as we agreed off the record, we'll 19 probably take a break and continue tomorrow once 20 we've had an opportunity to review the documents that 21 you have produced. 22 Mr. Beardsley, if you'll take a look at 23 Exhibit Number 2. It states within Exhibit Number 2 24 the subject matter of your expected testimony is U.S. 25 Sugar agricultural practices, SWIM Plan and BMPs. 57 1 Other general areas of testimony may be added as 2 issues in the case develop. 3 Have you been requested to testify to 4 anything further than those three areas that are 5 listed there? 6 A. No, sir. 7 Q. Are the three areas that are listed, to 8 your knowledge, still those which you will be 9 testifying to? 10 A. To my knowledge. 11 Q. At the University of Florida when you 12 received your degree in agricultural economics, what 13 courses did you take to obtain that, in general 14 fashion, Mr. Beardsley? 15 A. That's been longer ago then I'd like to 16 think. 17 Q. We can limit that to agricultural 18 practices. 19 A. It was necessary for us to, at that time in 20 the curriculum in agriculture school, to take courses 21 in five other divisions within agriculture school and 22 I'm trying to remember those. Basically, those 23 courses were introductory in nature. I think I took 24 one in vegetable crops, citrus production, soil 25 science, animal production. May have been another 58 1 one. I don't remember on those, but for production 2 type practices. 3 Q. How long were you a Field Chemist prior to 4 becoming a Technical Assistant with U.S. Sugar? 5 A. I really don't remember. Let's add up the 6 years in the other jobs I gave you and subtract that 7 from 23 years and that will give us an idea. 8 Q. So approximately three years? 9 A. Something like that, yeah. 10 Q. Now, Mr. Beardsley, you stated that you are 11 the Superintendent -- I'm sorry -- the General 12 Manager for the Western Division of United States 13 Sugar Corporation. What area does that entail, 14 Mr. Beardsley? 15 A. Geographical area? 16 Q. Yes, sir. 17 A. Basically, from the -- what is known as the 18 North New River Canal or the -- which gets close to 19 Lake Okeechobee at the City of South Bay. Other than 20 one small parcel east of that North New River Canal, 21 everything of U.S. Sugar's cane production west of 22 there. 23 Q. Does that include what's commonly referred 24 to as the EAA? 25 A. Some of it is in the EAA. 59 1 Q. What portion is contained within the EAA? 2 A. Let's say approximately three quarters. 3 Q. I need to step back again for just a 4 moment. 5 Since attending the University of Florida 6 have you attended any other courses relating to 7 agricultural practices or attended any seminars? 8 A. Yes, sir. Over the years I've attended 9 grower seminars that have been sponsored by the IFAS 10 station there at Belle Glade. 11 Q. Approximately how many? 12 A. Probably an average of one a year for the 13 23 years I have been there, so something on that 14 order. 15 Q. Mr. Beardsley, in the 23 years you've 16 worked for U.S. Sugar has the practice of agriculture 17 changed greatly specifically as it relates to sugar 18 cane production? 19 A. You asked the practice of sugar cane 20 production. No, the basics have not changed greatly. 21 Q. And the basics are what you described 22 earlier in your testimony? 23 A. Uh huh. 24 Q. What soil conditions are necessary for the 25 growth of sugar cane? 60 1 A. I'm not sure what kind of conditions. 2 Climatic conditions? 3 Q. No. Just that -- I mean what kind of -- 4 what kind of soil is necessary to produce the type of 5 sugar cane that you get? 6 A. It can vary widely. Sugar cane is grown 7 around the world on many, many, many types of soils. 8 Q. What climatic conditions are necessary for 9 the growth of sugar cane? 10 A. Adequate rainfall, an absence of prolonged 11 cold weather, good long daylight hours. 12 Q. In the EAA how much of the acreage that's 13 contained within the EAA is used for the growth of 14 sugar cane? 15 A. I couldn't answer that. 16 Q. You stated earlier, Mr. Beardsley, that the 17 amount of fertilizer that's used per acre can vary 18 from none to 1,300 pounds per acre. With respect to 19 the 1,300 pounds per acre, where are these acres 20 located? 21 A. As I mentioned, that's a very minor part of 22 some sandy soils that are located along the western 23 border of the EAA as I know it. 24 Q. In response to the notice of deposition 25 what documents have you provided to us, the State? 61 1 Can you list those for us? 2 A. I don't have a list. We'd have to sit here 3 and go through and I'd have to identify every one of 4 them. I didn't prepare a list. 5 Q. All of these documents that are before us 6 were from your water control files, correct? 7 A. That's correct. Basically. Basically. 8 Q. Those documents would contain the substance 9 of which your testimony will be at the hearing? 10 These would be the documents that you relied upon? 11 A. To my knowledge, yes. 12 Q. Mr. Beardsley, you stated earlier that if 13 rice is used as one of the rotating crops that when 14 sugar is placed thereafter that crop has been taken 15 that you -- there's no necessity for the use of 16 insecticide, is that correct? 17 A. At U.S. Sugar, that's correct. 18 Q. Why is that? 19 A. Because the flooding kills or sufficiently 20 lessens the population of the soil insects I referred 21 to to low enough levels that insecticide is not 22 required. 23 Q. You're the General Manager of the Western 24 Division of U.S. Sugar. I take it, then, there's an 25 Eastern Division. 62 1 A. That's correct. 2 Q. There's not a Northern or Southern 3 Division? 4 A. No, sir. Excuse me. There is reference to 5 a Southern Division that did exist at one time when 6 we were in cattle operations and part of our citrus 7 operation are still referred to as Southern Division, 8 but as far as for sugar cane production, basically 9 it's the Eastern and Western Divisions. 10 Q. And who is the General Manager for the 11 Eastern Division? 12 A. Mr. Ray Moore. 13 Q. Is a portion of the Eastern Division of 14 U.S. Sugar contained within the EAA? Is its 15 territory part of the EAA? 16 A. Yes. 17 MR. FERRELL: I have no further questions 18 until we have the opportunity to review these 19 documents at this time. 20 MR. RUSSELL: Let's go off the record for a 21 minute. 22 (Discussion held off the record.) 23 (Thereupon, a lunch recess was taken.) 63 1 REDIRECT (Wayne Beardsley) 2 BY MS. LaPLANT: 3 Q. I'd like to refer back to Exhibit 3. It 4 was an excerpt from the SWIM Plan, page 113, 114. I 5 know that you answered this earlier, Mr. Beardsley, 6 but can you refresh my memory as to which of the BMPs 7 out of these nine are being used now by U.S. Sugar? 8 A. I believe that I answered we were utilizing 9 number 1, number 2, number 3, number 4, number 7, 10 number 8 as required by permitting procedures with 11 South Florida Water Management, number 6 in a limited 12 way and I believe I said that number 9. That we were 13 utilizing some of the previous ones, that number 9 is 14 kind of a catch all and that we were growing more 15 rice than we used to. 16 Q. You said number 8 is being utilized as 17 required by permitting procedures by South Florida 18 Water Management District. Does that mean that you 19 had been previously utilizing these other BMPs prior 20 to being requested to utilize number 8 on your own? 21 A. I don't think that had anything to do with 22 it. As I referred to in the changing of cropping 23 patterns newly developed there is required that those 24 areas have detention ponds for growing of sugar cane 25 on them through the permitting process through South 64 1 Florida Water Management. 2 Q. Okay. I'm going to ask it this way. First 3 of all, when did you initially begin to utilize BMPs? 4 A. Well, if -- 5 MR. RUSSELL: Counsel, the term, "BMP" has 6 been bandied about and you've even had 7 Mr. Beardsley define it, but when you say BMP, 8 would you either refer to the specific as 9 outlined in the SWIM Plan BMPs or BMPs in 10 general which just refer to ag practices, 11 actually, not necessarily as required or defined 12 by the SWIM Plan. 13 MS. LaPLANT: Right. 14 MR. RUSSELL: Thank you. 15 BY MS. LaPLANT: 16 Q. When did you first start to use BMPs in 17 general, not necessarily the ones talked about in the 18 SWIM Plan? 19 A. I can't answer that. As I mentioned in 20 earlier testimony, we've been banding fertilizer, for 21 instance, ever since I have been with U.S. Sugar. 22 Q. Why did you begin the process of banding 23 fertilizer? 24 A. I can't answer that. It was ongoing when I 25 got there. 65 1 Q. In determining which BMPs, which general -- 2 generally which BMPs to use, how do you determine 3 which BMP to use? Are there studies that are done? 4 A. These -- some of these nine BMPs such as 5 the banding of fertilizer best management practice, 6 perhaps, have been in farming for a long, long time 7 and only recently have become the phrase of the day 8 in reference to water issues, perhaps. 9 Q. Okay. 10 A. I don't know that there's a definitive 11 choice to choosing what you do or don't do. I have 12 difficulty answering that. 13 Q. So you're saying that you have used the 14 BMPs that you've just identified prior to the SWIM 15 Plan coming out and that has been just an ordinary 16 agricultural practice that's been going on for years, 17 is that right? 18 MR. RUSSELL: You may want to clarify what 19 you mean by utilize, Mr. Beardsley -- 20 THE WITNESS: For instance -- 21 MR. RUSSELL: -- whether or not it's part 22 of your ongoing research or whether or not it's 23 something that's in actually widespread use at 24 this time. 25 THE WITNESS: Widespread use at this time 66 1 is, obviously, the banding of the fertilizer. 2 Calibrated soil test recommendations, prevention 3 of fertilizer spills, that's just good 4 housekeeping. And when you say SWIM Plan, I can 5 not, in my mind, pin down a certain date as of 6 such a date was a SWIM Plan, because there's 7 other SWIM plans, I believe. There have been a 8 few that were started, I guess, after the SWIM 9 Plan. 10 BY MS. LaPLANT: 11 Q. The SWIM Plan I'm referring to is the March 12 13, 1992 SWIM Plan. 13 A. If that's the date that you're referring 14 to, several of these were done before March 13, 1992. 15 Q. Okay. Do you feel that BMPs in general are 16 effective in reducing phosphorus? 17 A. I think I answered this morning I don't 18 know. 19 MR. RUSSELL: Want to take a break and have 20 that copied? 21 MS. LaPLANT: Doesn't need to be copied 22 right now. I will mark it as the next exhibit 23 and we'll copy it later. 24 (The document was marked 25 Exb. No. 4.) 67 1 MS. LaPLANT: This is being marked as 2 Exhibit 4, United States Sugar Corporation 3 Implementation of a Strategy to Revitalize the 4 Everglades and Preserve Farming. 5 BY MS. LaPLANT: 6 Q. Mr. Beardsley, have you seen this document? 7 A. Yes, ma'am. 8 Q. Did you produce this document to us? 9 A. No, I did not. 10 Q. Who produced it? 11 A. I am not sure. 12 Q. Were you involved in drafting this -- 13 A. No. 14 Q. -- putting this together? 15 A. No. 16 Q. Have you looked at it? 17 A. Yes. 18 Q. What basically, in general, was the 19 strategy that that document refers to? 20 A. I'd have to reread it. I have not read 21 that in some time. It was just handed to me sometime 22 ago. I put it in the file. It was a strategy to 23 reduce phosphorus discharge. 24 Q. Who gave it to you? 25 A. I can't even recall. 68 1 Q. Okay. Do you have any feelings one way or 2 the other about what's in this document? 3 A. In what sense? 4 Q. Do you remember enough of what's in it to 5 have an opinion on the strategy therein? 6 A. No, I don't. 7 Q. I want to get back to fertilizer for a 8 second. 9 Specifically, what types of fertilizer are 10 used to fertilize sugar cane on your farms? 11 A. What do you mean by type? 12 Q. I mean names of the fertilizers. 13 A. The names of the fertilizers are by a 14 numbered name that's a U.S. Sugar number for a 15 mixture and they are just numbered names. 16 Q. Numbered in -- what do you mean by 17 numbered? 18 A. Two digit or three digit number. 19 Q. Just arbitrarily attached to the 20 fertilizer? 21 A. I don't know how they were assigned. 22 Q. Are there different concentrations of 23 fertilizer used in different sugar fields or 24 different mixtures of fertilizers? 25 A. Yes. 69 1 Q. Okay. And in what way would those mixtures 2 differ from each other? 3 A. They would differ by the ingredients in the 4 mixture. 5 Q. And, specifically, what ingredients might 6 differ? What might be in one bag of fertilizer 7 that's not in another? 8 A. We don't handle bags of fertilizer. Any 9 particular ingredient may or may not be in a mixture. 10 Q. Okay. What ingredients are you talking 11 about? 12 A. Nitrogen, phosphorus, potash. 13 Q. Is that it basically? Are there other 14 ingredients? 15 A. There are other ingredients in some 16 fertilizers. I could not give you a definitive list 17 of all of them. 18 Q. Uh huh. Okay. Now, what would determine 19 which particular numbered fertilizer you would use on 20 any given cane field? 21 A. The recommendation. 22 Q. Of who? 23 A. Of our Research Department. 24 Q. Okay. Is there anyone that you can name 25 that would have that information? 70 1 A. Mr. Henry Andreis is the head of our 2 Research Department. 3 Q. And does he have assistants helping him or 4 is he the sole person? 5 A. There are others involved in the Soils 6 Department. 7 Q. Do you know who they are? 8 A. Yes, ma'am. 9 Q. Can you name them? 10 A. Dr. McCray and he's the head of the Soils 11 Department within the Research Department. 12 Q. Anyone else? 13 A. There's some other staff members. 14 Mr. Bruce Hutcheson and there have been some changes 15 there. And the others I don't know. 16 Q. Okay. Has the way in which you fertilize 17 sugar cane changed since you first began working for 18 U.S. Sugar as compared to presently? 19 A. Repeat that again. 20 Q. Has the way in which you apply fertilizer 21 changed over the years from when you began working at 22 U.S. Sugar to right now? 23 A. For applying fertilizer, no. 24 Q. For applying fertilizer? 25 A. No. 71 1 Q. What about the amounts of fertilizer 2 applied? 3 A. I couldn't speak to that. 4 Q. What about the types of fertilizer applied? 5 A. I couldn't speak to that either. 6 Q. Would the application or the amount of 7 fertilizer applied, would that change due to soil 8 subsidence? 9 A. I would have no knowledge of that. I 10 wouldn't know. 11 Q. What's the purpose of fertilizing sugar 12 cane? 13 A. To generate optimum plant growth and 14 consequent sugar production in an economical way. 15 Q. Would you say that there's any one given 16 constituent of any fertilizer mixture that is more 17 efficacious at promoting growth then another 18 constituent? 19 A. I couldn't answer that. 20 Q. Okay. Have you produced the documents 21 related to the application of fertilizer today in 22 your response to our request? 23 A. No, I have not. But that's what we had 24 discussed. 25 Q. Just for the record, what will you be 72 1 producing tomorrow? 2 A. The application -- fertilizer application 3 field records for the last two growing seasons. 4 Q. Last two growing seasons. 5 MR. FERRELL: Off the record for a moment. 6 (Discussion held off the record.) 7 MS. LaPLANT: I don't have any additional 8 questions unless you have some more. 9 MR. FERRELL: I just have a few. 10 RECROSS (Wayne Beardsley) 11 BY MR. FERRELL: 12 Q. Mr. Beardsley, with respect to Exhibit 4 I 13 believe you stated that it was put together for the 14 purpose of developing a strategy that would reduce 15 phosphorus within this whole EAA area and that 16 relates -- when we're talking about BMPs, we're 17 talking about BMPs relating to phosphorus reduction, 18 is that correct? 19 A. Yes, sir. 20 Q. Mr. Beardsley, within the documents that 21 you've produced for this deposition today, are there 22 documents that relate to the reduction of phosphorus 23 through best management practices? 24 A. There are documents that relate to an 25 attempt to reduce phosphorus through various best 73 1 management practices. 2 Q. Is one of your responsibilities as the 3 General Manager of the Western Division of U.S. Sugar 4 to oversee and develop BMPs for the reduction of 5 phosphorus? 6 A. When called upon to do so in specific -- on 7 specific issues to try to develop something or to 8 think of something, yes, that has been my assignment. 9 Q. Prior to the development of the March 12 -- 10 March 13, 1992 SWIM Plan, the SWIM Plan that we've 11 been discussing a little bit today, was there a focus 12 on the reduction of phosphorus through best 13 management practices? 14 A. I have trouble with the word, "focus." 15 Q. I can restate the question if you would 16 like. 17 A. Restate it. 18 Q. Prior to 1992 was there an attempt by 19 U.S. Sugar to reduce the amount of phosphorus that 20 was pumped into the primary canal system? 21 A. Yes. 22 Q. And what specific phosphorus reducing BMPs 23 were implemented to do just that? 24 A. There was some pumping practice referred to 25 in that document as minimum water table fluctuation 74 1 practices attempted. As I discussed through the 2 various nine there, there was some of that that 3 was -- that we were already doing. I iterated some 4 best management practice projects earlier that have 5 been implemented. Of those three I discussed, 6 however, I do not believe those three were completed 7 prior to March of 1992. There was some others 8 perhaps that I would have no specific knowledge of. 9 Q. For purposes of discharging excess water or 10 moving excess water to you had stated that earlier in 11 the deposition that if there's an excess amount of 12 water it's either pumped into the primary canal 13 system or moved to other areas that need the water 14 table level increased. Is there -- are those the 15 only two ways that water from sugar cane fields leave 16 the fields? 17 MR. RUSSELL: I don't understand the 18 question. 19 If you understand the question, go ahead 20 and answer it. 21 BY MR. FERRELL: 22 Q. You can answer it. 23 A. Well, they have, which we have no control, 24 which would be evapotranspiration, evaporation and 25 seepage. 75 1 Q. Seepage meaning? 2 A. Seepage off the perimeters of our property 3 into adjacent -- for instance, should the water table 4 in the adjacent area be lower than our water table, 5 it will seep away from us. The reverse -- if the 6 reverse is true, it will seep onto us, underground 7 seepage. 8 Q. The three additional BMPs that you had 9 discussed earlier, the parallel canal project, the 10 sedimentation trap project, the cascade project, do 11 those BMPs simply relate to the reduction of 12 phosphorus or are they just best management practices 13 in general? 14 A. We don't know enough about them for me to 15 answer that question yet. 16 Q. I just have one more question for today. I 17 had asked earlier what was the ideal composition of 18 soil for sugar cane. I don't believe I received an 19 answer. We got off on the climatic answer to that. 20 But as far as -- what makes the EAA such a good place 21 to grow sugar cane? 22 A. Well, I answered I think by saying there 23 were soils all over the world on which sugar cane is 24 grown and I would hazard a guess that none of them 25 are ideal. However, the Everglades, what makes it 76 1 unique for sugar cane production is a highly organic 2 soil which consequently is very rich in nitrogen and 3 the South Florida area, which the Everglades is 4 obviously a part, gets adequate rainfall. It's the 5 classic farmers' problem, it just doesn't come at the 6 right time necessarily and we have adequate 7 temperatures; a minimum of cold or cold weather and 8 we have adequate daylight length here in the summer 9 to generate good plant growth, so all of those 10 factors fit together to make the Everglades a rather 11 unique place conducive for agricultural crops. 12 MR. FERRELL: Do you have anything further? 13 REDIRECT (Wayne Beardsley) 14 BY MS. LaPLANT: 15 Q. Just one question. Can you define 16 evapotranspiration? 17 A. It would be -- my layman's interpretation 18 of that is loss of water, either surface water or 19 soil born water, through the transpiration growth of 20 the plant and natural evaporation and sunlight 21 combined. 22 MS. LaPLANT: I have no further questions. 23 MR. FERRELL: We'll reconvene tomorrow at 9 24 a.m. 25 MR. RUSSELL: Is that good for you? 77 1 THE WITNESS: A little later perhaps. 2 MR. RUSSELL: He's traveling from 3 Clewiston. 4 THE WITNESS: I have to get back and see if 5 I can get these documents up. I may need a 6 little time in the morning before I leave. I 7 have to come some 60 miles. 8 MR. RUSSELL: What time would be good for 9 you? 10 THE WITNESS: 10 o'clock. 11 MR. RUSSELL: We'll be glad to add an hour 12 at the end of the day since our normal day is 13 over, what is it, 9:00 to 5:00? 14 MR. FERRELL: Right. 15 MS. LaPLANT: Is 10 o'clock okay with you? 16 MR. FERRELL: 10:00 is fine. We can 17 shorten the lunch time break. 18 MR. RUSSELL: Okay. That will be fine. 19 (Recess for the day.) 78 1 (Continuation of Beardsley deposition on 2 7-8-93 from 9:25 a.m. - 11:55 a.m.) 3 MS. LaPLANT: This would be Exhibit 5. 4 (The document was marked 5 Exb. No. 5.) 6 CONTINUED REDIRECT (Wayne Beardsley) 7 BY MS. LaPLANT: 8 Q. Mr. Beardsley, can you identify what this 9 document is? 10 A. It's a list of pumping practices by farm or 11 water control basin. 12 Q. Okay. What's the date on that? 13 A. The one I have is July the 22, 1992. 14 Q. Who would be responsible for compiling 15 something like this? 16 A. Well, I compiled it. 17 Q. What exactly is being pumped here and where 18 from and to? 19 A. We're pumping water. 20 Q. From where? 21 A. Pumping from the farm designated as the 22 discharge location but it can be pumped to any number 23 of places because we have so many farms. 24 Q. Does this illustrate where it's being 25 pumped to? 79 1 A. No, it does not. 2 Q. Where would discharges like this be pumped 3 to? 4 A. Like this -- you mean each one of these 5 or -- 6 Q. Well, let's start with the first one, 7 Benbow -- I can't read that -- Hicpochee. 8 A. Hicpochee. 9 Q. Where would that go to? 10 A. This particular one is an internal 11 discharge within a 298 district. 12 Q. Okay. Can you define a what a 298 district 13 is? 14 A. 298 is a -- I'm not sure I can define that 15 in legal terms and that is a law that sets up taxing 16 districts for various uses so I just leave it at 17 that. 18 Q. Okay. Once this water, this discharge goes 19 into the 298 what happens to it? 20 A. That decision -- what happens with the 21 water within the 298 district is up to the managers 22 of that district -- of each district. 23 Q. Do you personally know what happens to this 24 water? 25 A. Sometimes it's retained. 80 1 Yes, I do. 2 Q. What happens to it? 3 A. Sometimes it's retained within that 4 district and sometimes it's discharged. 5 Q. To where? 6 MR. RUSSELL: We're still on the Benbow? 7 MS. LaPLANT: Uh huh. 8 THE WITNESS: The first listing that 9 particular discharge would be into what is known 10 locally as Lake Hicpochee. 11 BY MS. LaPLANT: 12 Q. And does it remain there? 13 A. No. That flows into the Caloosahatchee 14 River. 15 Q. And where does that go? 16 A. It goes west to the Gulf of Mexico. 17 Q. Okay. And would the second and third 18 discharge locations -- well, let's just stick with 19 the second. Would the second discharge, would that 20 have a similar route or would that be different? 21 MR. RUSSELL: You're on Section 17, Benbow 22 Section 17? 23 MS. LaPLANT: Uh huh. 24 MR. RUSSELL: Okay. 25 THE WITNESS: It could go two different 81 1 directions, but it ultimately ends up in the 2 same place. 3 BY MS. LaPLANT: 4 Q. Okay. Let's turn to the second page of 5 this document. The first discharge location 6 mentioned there is Townsite Lateral 8E? 7 A. Uh huh. 8 Q. Where would that discharge flow to? 9 A. Again, it flows into the 298 district known 10 as the Sugar Land Drainage District. 11 Q. What happens to it there? 12 A. Again, it can either be retained or 13 discharged by the District. 14 Q. And do you know where the District would 15 discharge it to? 16 A. Discharges it into the S-4 -- what is known 17 locally as the S-4 basin. 18 Q. And what happens to it in the S-4 basin? 19 A. I have no control over that. There's 20 several things that can happen to it and I would 21 hesitate to answer because I may not be able to 22 answer all of the possibilities. 23 Q. Okay. Generally, as we're looking through 24 this document, there's several -- many discharge 25 locations noted and can you ascertain where most of 82 1 these discharges are going to or do they all go to 2 different places? 3 A. I can ascertain where our discharge, where 4 it goes. 5 Q. Uh huh. 6 A. From there I cannot answer all the 7 possibilities which are not under my control. 8 Q. Right. 9 So you're saying that most of these 10 discharges flow into the 298 district and then after 11 that you would only have to speculate, is that right? 12 A. Of ones I answered they flow into 298, 13 within a 298 district. 14 Q. Okay. And the Townsite discharges as well? 15 A. The one we mentioned, yes. 16 Q. What about Townsite (1) Lateral 9E? 17 A. Yes. 18 Q. And the next one, Lateral 10E? 19 A. Yes. 20 Q. And Townsite Southline? 21 A. No. 22 Q. Where does that go? 23 A. It goes into a facility known as the 24 Industrial Canal. 25 Q. Where is that located? 83 1 A. It's located along the east side of the 2 City of Clewiston and goes south for several miles. 3 Q. And what happens to it after it's there? 4 A. Again, there's several possibilities. It 5 is not under my control. 6 Q. What are those possibilities? 7 A. It can flow into -- again, into the S-4 8 basin or it can flow into Lake Okeechobee. 9 Q. Okay. If it were to flow into Lake 10 Okeechobee would it remain there? 11 A. I would have no knowledge, no control. I 12 couldn't say. 13 Q. Um, these discharges that are listed in 14 this document, are these pumping practice BMPs? 15 A. They can be considered to be BMPs. 16 Q. Are they pump BMPs? 17 A. That's what we would know them as. 18 Q. Is this a practice that's utilized by 19 U.S. Sugar extensively? 20 A. This is a practice we're working on. 21 Q. How long have you been working on it? 22 A. Certainly since 1989 and perhaps late 1988. 23 Q. Why were these BMPs developed? 24 A. I was instructed to develop some BMPs. The 25 why would have to be answered by somebody else. 84 1 Q. What's the purpose of these BMPs? 2 A. Well, as it states on it, for our purposes, 3 pumping practices for phosphorus reduction. 4 Q. How would these BMPs reduce phosphorus? 5 A. That I can't answer. 6 Q. Were you the only person responsible for 7 developing these BMPs? 8 A. No, ma'am. 9 Q. Who did you work with? 10 A. Mr. Frank Polhill. 11 Q. What's his title? 12 A. He's Vice President of Agriculture 13 Department. Senior Vice President, excuse me. 14 Q. Did he approach you to develop these? 15 A. Yes, ma'am. 16 Q. And what did he say when he approached you, 17 develop a BMP? 18 A. I don't believe so. 19 Q. Do you remember how he approached you 20 regarding developing these BMPs? 21 A. Yes, ma'am. 22 Q. Ask you to elaborate. 23 A. The conversation was sometime ago. The 24 gist of it was let's see what we can do to come up 25 with some ideas to reduce pumping. 85 1 Q. Had you ever developed any BMPs prior to 2 this? 3 A. Again, the haziness of the line between 4 what is a BMP and just some good common sense farming 5 practices gets -- is pretty hazy. Over the years 6 I've done some things, but I didn't call them a BMP. 7 Q. All right. Let me rephrase the question. 8 Did you ever develop any pump BMPs prior to 9 this? 10 MR. RUSSELL: Are we still talking about 11 BMPs for reducing phosphorus? Or the ambiguity 12 comes in the term, "BMP." 13 MS. LaPLANT: Well, I use the term, "pump 14 BMP" which is what these are on this document. 15 I assumed we were still talking about them. 16 MR. RUSSELL: Is it for reducing phosphorus 17 or is it like he's already testified, just good 18 management? 19 MS. LaPLANT: That's why I rephrased the 20 question to be clear it was a pump BMP 21 specifically to reduce phosphorus. 22 MR. RUSSELL: Okay. To reduce phosphorus, 23 then. 24 THE WITNESS: No. 25 BY MS. LaPLANT: 86 1 Q. I don't remember the question. What are 2 you responding "no" to? 3 You have not developed any prior to this? 4 A. For the purposes of reducing phosphorus, 5 no. 6 Q. Okay. In what way technically? I don't 7 understand how these pumping practices reduce 8 phosphorus. Could you explain that? 9 A. I don't know that they do. 10 Q. Well, if they did, how would they? What is 11 the process involved? What's the theory behind how 12 these reduce phosphorus? 13 A. The theory was to reduce pumping. 14 Q. Reduce pumping from where? 15 A. From each of these basins. 16 Q. Reduce the pumping to where? 17 A. To whichever outside off site system that 18 received from each of these locations. 19 Q. So does that mean -- for instance, would 20 the Benbow discharge location, that you would be 21 keeping more water on that location and allowing less 22 to go off, is that correct? 23 A. At times. 24 Q. And that would increase the phosphorus on 25 the Benbow location but decrease it in other areas? 87 1 A. I can't answer that. 2 Q. Are these pump BMPs used more than the ones 3 we discussed yesterday, the nine BMPs enumerated in 4 the SWIM Plan? 5 A. No. 6 Q. No? Are they used about the same amount? 7 A. I don't understand that. 8 One of the BMPs listed yesterday was 9 banding fertilizer and we've been doing that a long 10 time. 11 Q. How many different farms are the pump BMPs 12 used on? 13 A. I can only answer in the Western Division. 14 All of them less three. 15 Q. Which is what number? 16 A. All of those listed in this. 17 Q. Okay. There's the Benbow Farm, Townsite 18 farm, Mott Farm, Ritta Farm, Miami Locks Farm, South 19 Shore Farm. That's six farms. You said minus which 20 ones? 21 A. There are three farms which currently, this 22 BMP -- this BMP schedule does not apply to. 23 Q. Uh huh. 24 A. Currently it would be listed as the 25 Wetherald 1 Farm, the Mott 1 Farm and the two Currin 88 1 Land locations and the Vaughn Farm at the two Florida 2 Lettuce locations. 3 Q. Why are the BMPs not utilized at those 4 farms? 5 A. I was instructed to not use those three 6 areas under this system. 7 Q. Do you know why? 8 A. They were to be operated as the old system 9 and the terminology expressed to me was they were to 10 be baseline areas. 11 Q. What does that mean? 12 A. That I am not -- I am not sure of. 13 Q. What is the old system? 14 A. The old pumping practices of running the 15 pumps whenever you desired for as long as you 16 desired. 17 Q. So these pumping practices only allow water 18 to be pumped or discharged from the farms at certain 19 times, is that correct? 20 A. Not certain chronological times. 21 Q. Then what type of times other than 22 chronological? 23 A. Times when these conditions have been met. 24 Q. Can you explain what you mean by when the 25 conditions have been met? 89 1 A. The conditions as listed in the schedules. 2 Q. Are you talking about the water levels? 3 A. Yes, ma'am. 4 Q. And can you explain -- are you saying that 5 you can only pump water when the water level is at a 6 certain stage? 7 A. That's correct. 8 Q. And then you have to stop pumping when it 9 reaches another stage? 10 A. That's correct. 11 Q. And then how do you ascertain these levels? 12 A. They are listed in the schedule. 13 Q. How are they determined? How are they 14 formulated? How do you decide that you're going to 15 pump down a foot of water and stop pumping? 16 A. I didn't decide that. 17 Q. Who did? 18 A. I don't know. 19 Q. So when you say you developed this BMP, 20 what exactly did you develop on this schedule? 21 A. Again, at Mr. Polhill's request I developed 22 the specific triggers (sic) points for each of these 23 locations. 24 Q. What's a trigger point? 25 A. The specific level at which pumping can be 90 1 initiated. 2 Q. How do you determine what level pumping can 3 be initiated at? 4 A. Practical experience. 5 Q. Well, what determines it? Does it have to 6 do with at what stage the sugar cane is in its 7 maturity or what factors are involved? 8 A. The initiation of pumping a level was so as 9 to prevent flooding. 10 Q. Okay. All right. 11 MS. LaPLANT: I'm going to introduce this 12 as Exhibit 6. 13 (The document was marked 14 Exb. No. 6.) 15 THE WITNESS: I guess I left some of this. 16 I thought I brought it all. 17 BY MS. LaPLANT: 18 Q. Can you identify this document? 19 A. This document was given to me by 20 representatives of Hutcheon Engineering. 21 Q. Why was it given to you? 22 A. They are under contract with our company to 23 do work for us and it they presented it to us. 24 Q. What do you mean by work? 25 A. That -- I'm not sure of what it is that 91 1 they are doing. 2 Q. It says -- there's some writing in the 3 upper right-hand corner of the document. Is that 4 your writing? 5 A. Yes, ma'am. 6 Q. It says, "Received April 29, 1992. 7 Presented to SAGE Committee South Florida Water 8 Management District." 9 A. Yes. 10 Q. Do you know why this was presented to the 11 SAGE Committee? 12 A. No. 13 Q. Did you attend the SAGE meeting at which 14 this was presented? 15 A. Yes. 16 Q. Was this document discussed at the meeting? 17 A. It was presented. 18 Q. Was it presented by the Hutcheon 19 Engineering that you mentioned before? 20 A. As I recall. 21 Q. Why did you attend the SAGE meeting? 22 A. I gave a presentation. 23 Q. What did you do your presentation on? 24 A. The background explanation of a study of 25 our Mott 1 pump discharge, practicing a pumping 92 1 reduction practice versus Wetherald 1 location which 2 practice continued to pump the old way as we 3 discussed. 4 Q. Okay. And were you advocating one way over 5 the other? 6 A. No, ma'am. 7 Q. It was just a factual presentation, the 8 different pumping regimes, is that correct? 9 A. We didn't discuss pumping regimes or I 10 didn't present that. 11 Q. Okay. I'd like you to turn to the next 12 page on this document which is page 7. The first 13 sentence reads: "Beginning one week prior to 14 scheduled harvesting operations the main canal water 15 table may be lowered to the farm control elevation." 16 What is farm control elevation? 17 A. That was written by Hutcheon Engineering. 18 MR. RUSSELL: Just answer. 19 BY MS. LaPLANT: 20 Q. Do you know what farm control elevation is? 21 A. It is the lowest level under this pumping 22 practice during certain conditions to which the main 23 canal can be lowered. 24 Q. It reads here, "The main canal water 25 table." Is that what you're referring to? 93 1 A. Yes, ma'am. 2 Q. Okay. In the next paragraph first sentence 3 reads, "In order to control muck fires or to provide 4 freeze protection it may become necessary to 5 temporarily raise the water table to or slightly 6 above the peak irrigation level or 30 inches above 7 farm control level." 8 MR. RUSSELL: That's "elevation," counsel. 9 Last word, "farm control elevation." 10 MS. LaPLANT: Oh. What did I say? 11 MR. RUSSELL: I believe you said "level." 12 BY MS. LaPLANT: 13 Q. Okay. Elevation. 14 Is peak irrigation level 30 inches above 15 farm control level? 16 MR. RUSSELL: Answer that if you know. 17 BY MS. LaPLANT: 18 Q. Maybe it would help you if I asked you to 19 define "peak irrigation level" first. What does that 20 phrase mean? 21 A. It's a farming practice that is considered 22 the highest water level to which you would raise your 23 irrigation water during periods of dry weather. 24 Q. Okay. And farm control elevation would be 25 the lowest level that you could maintain in the main 94 1 canal water table, is that correct? 2 A. Under these parameters here. 3 MS. LaPLANT: Move onto another document. 4 (The document was marked 5 Exb. No. 7.) 6 BY MS. LaPLANT: 7 Q. Can you identify what's been marked as 8 Exhibit 7? 9 A. It's a memo from H. J. Andreis to Mr. 10 F. L. Polhill concerning a Water Sampler 11 Installation, Progress Report. 12 Q. The date is? 13 A. August 4, 1992. 14 Q. Who is Mr. F. L. Polhill? 15 A. He's Mr. Frank Polhill that I alluded to 16 earlier, the Senior Vice President of Agriculture. 17 Q. And H. J. Andreis? 18 A. Mr. Andreis is the Vice President of 19 Research. 20 Q. On the second page of this document there's 21 a paragraph titled, Progress of Water Sampler 22 Installation. What are water samplers? 23 A. These are electronically controlled devices 24 which periodically collect water samples. 25 Q. For what purpose? 95 1 A. I don't know all the purposes that they 2 were installed for. 3 Q. I didn't ask you all the purposes. I just 4 asked if you knew what one of -- any one purpose of 5 this might be. 6 A. All I know is that there are different 7 kinds of water samplers and they may be designed to 8 collect samples for different purposes. 9 Q. Okay. Let's turn to the next page in this 10 document titled at the top, Western Division and then 11 it has listed the Mott Farm, Miami Locks and South 12 Shore under Western Division. 13 A. Uh huh. 14 Q. Now, are these places in which water is 15 being sampled? 16 A. Those identified as part of the Western 17 Division are those three farms you just mentioned, 18 yes. 19 Q. And do you know what is being looked for in 20 the water samples? 21 A. Again, I don't know. 22 (The document was marked 23 Exb. No. 8.) 24 BY MS. LaPLANT: 25 Q. Okay. This has been marked as Exhibit 8. 96 1 Can you identify this? 2 A. It's a memo concerning discharge pumping of 3 the Mott 1 versus the Wetherald 1 locations from me 4 to Mr. Bob Buker on July 7, 1992. 5 Q. Why did you prepare this memo for 6 Mr. Buker? 7 A. This was prepared at the request of 8 Mr. Malcolm Wade. 9 Q. Who he is he? 10 A. He is a vice president of U.S. Sugar 11 corporation. I am not sure of his exact title. 12 Q. On the last paragraph of this page the 13 term -- first let me read the sentence. 14 "Nevertheless the above data shows a 55.8 15 percent reduction in water discharge from Mott 1 16 following a BMP schedule when coupled with stormwater 17 stacking onto vegetable land." 18 What is stormwater stacking? 19 A. That is my phrase for putting excess water 20 onto vegetable land rather then pumping it out of the 21 basin. 22 Q. What do you mean by excess water? 23 A. Stormwater. 24 Q. Above a certain level? 25 A. Yes. 97 1 Q. What happens to the water after it's 2 stacked onto the vegetable land? 3 A. Some of it evaporates, some of it seeps out 4 and some of it is used back into the cane area of 5 that basin when needed. 6 Q. What do you mean some of it seeps out? 7 A. You just lose water through ground 8 movement, percolation seepage. 9 Q. Where does it percolate to? 10 A. It percolates both downward and sideways 11 and that's the best I can do you on that one. 12 Q. You mentioned a few minutes ago a 13 presentation that you had made at SAGE. Does -- is 14 this paragraph referring to that comparison you made 15 between the Mott farms and the Wetherald old system 16 BMPs? 17 A. Which? 18 Q. The last paragraph that I read, 19 "Nevertheless the above data --" 20 A. No. 21 (The document was marked 22 Exb. No. 9.) 23 BY MS. LaPLANT: 24 Q. Can you identify what's been marked as 25 Exhibit Number 9? 98 1 A. It's an internal memo from Mr. Steven Dobbs 2 to myself, Mr. Ray Moore, Mr. Charles Wilson. 3 Q. Who is Steven Dobbs? 4 A. He is an engineer. 5 Q. Okay. This says that the subject matter of 6 this memo is water quality monitoring reports. 7 MR. RUSSELL: Projects. 8 BY MS. LaPLANT: 9 Q. Projects. Sorry. 10 Are these monitoring projects a result of 11 U.S. Sugar's permit application? 12 A. I don't know. 13 Q. Are you familiar with these monitoring 14 projects? 15 A. I'm familiar with the locations at which 16 they occur. 17 Q. What's being monitored here? 18 A. I don't know. 19 Q. On the second page of that document at the 20 bottom, is that your handwriting? 21 A. Yes, ma'am. 22 Q. Could you take a little bit of time to read 23 that paragraph that you wrote there? 24 A. Uh huh. 25 Q. Okay. What's the significance of that? 99 1 Why did you write that? 2 A. I wrote that for my own information. 3 Q. Okay. When you write, "they'll be 4 installing automatic water samplers," what would they 5 be sampling there? 6 A. Again, I don't know what they sample for. 7 Q. Who did you write this to? 8 A. I wrote this note for myself. 9 Q. Why did you sign it? 10 A. It is -- was written before it was 11 distributed to those shown on the front. 12 Q. Okay. And you're referring to at the 13 corner you have cc and several names there? 14 A. Yes, ma'am. 15 Q. Okay. 16 (The document was marked 17 Exb. No. 10.) 18 (Thereupon, a recess was taken.) 19 BY MS. LaPLANT: 20 Q. Mr. Beardsley, can you identify what's been 21 marked as Exhibit 10? 22 A. It's a U.S. Sugar in-house booklet for best 23 management practices for on-farm phosphorus 24 reductions through sediment control prepared by Henry 25 J. Andreis. 100 1 Q. If you turn to the first page there's some 2 handwritten notes. Says, "BMP notes." Is that your 3 handwriting? 4 A. Yes, ma'am. 5 Q. Okay. Why did -- in what context were you 6 writing these notes? 7 A. These were some notes that I made as I read 8 through the booklet -- 9 Q. Okay. 10 A. -- concerning various BMPs that are listed 11 within the booklet. 12 Q. I'd like to briefly go through these 13 because I see some BMPs that I don't recognize that 14 we discussed yesterday. 15 Can you explain the first one, laser level 16 fields? 17 A. These are level fields. That means to 18 level the field, the soil within the field by using 19 land leveling equipment that's equipped with laser 20 transmitters and receiving units so as to get it to a 21 fine tolerance. 22 Q. How does that work as a BMP? 23 A. It helps to alleviate high places that may 24 tend to have fast stormwater runoff and low places 25 which would tend to collect that runoff within the 101 1 field too much so as to damage sugar cane growth. 2 Q. Below that sentence it says, "Townsite on 3 rice." What is that referring to? 4 A. Oh. That's just a farm location that we 5 intended to plant rice on and that's where we could 6 begin to start the operation. 7 Q. Okay. The next one listed Number 2 is 8 cover crop. Can you explain how that works? 9 A. The cover crop in a -- an abandoned or 10 fallow field. Just by its nature of having ground 11 cover on the land would help to alleviate, slow down 12 surface runoff. 13 Q. Okay. The next one is numbered 4 but it's 14 really -- okay. Number 4. I can't read that first 15 word. What is that? 16 A. Thanks. "Bust middle." 17 Q. "Planting"? 18 A. Yes, ma'am. 19 Q. What is that? 20 A. That is an old expression. The modern 21 terminology would perhaps be no tillage or minimum 22 tillage planting. 23 Q. Okay. Number 5 says Bermuda grass on 24 ditches? Can you explain that? 25 A. By maintaining a vegetative growth on the 102 1 ditch banks, in this case Bermuda grass, would help 2 slow down, again, surface runoff into the ditches and 3 act as a filter, if you will, for that runoff. 4 Q. Okay. What's the question mark for? 5 A. It had to do to make sure that we properly 6 selected fields -- see, Bermuda grass is a competitor 7 to sugar cane, so it would have to be -- my question 8 mark was to make sure that we selected ditch banks in 9 which we could -- were wide enough to control the 10 Bermuda grass to prevent it from getting into the 11 sugar cane, yet be good growth on the bank itself. 12 Q. Underneath it says, I believe, "need to be 13 --" is that word retested? 14 A. Selected. 15 Q. Oh. Selected. Okay. So you just 16 explained that. 17 Number 6, ditch bank berm. What is that? 18 A. The term, "berm" would apply to the -- 19 there's another term for the crown of the bank, 20 again, if you will, and this refers to a procedure 21 whereby rock -- underlying rock is removed from the 22 bottom of the ditch and incorporated into the ditch 23 bank and the berm so that that berm is left with a 24 hump in it to, again, slow down and trap surface 25 runoff. 103 1 Q. Okay. Number 8, flexible plastic pipe. 2 What is that? 3 A. This goes along with the previous one 4 whereby there would actually be traps made -- water 5 traps made along the ditch bank and that the water 6 would go into the ditch by means of a plastic pipe 7 from the trap down into the ditch. 8 Q. Okay. Number 11, I can't read the first 9 word. 10 A. Risers. 11 Q. Okay. Can you read the rest of that? 12 A. With boards. 13 Q. In field ditches? 14 A. Uh huh. 15 Q. Risers with boards in field ditches near 16 pumps. What does that mean? 17 A. This refers to an idea where field ditches 18 feed into pump canals. The drainage from those field 19 ditches closest to the pump will be faster than the 20 ditches a further distance away and a riser is a 21 control structure on the end of a culvert from the 22 field ditch in which you can place boards. The idea 23 was to do that in the field ditches closest to the 24 pumps to slow down the possibility of over drainage 25 in those ditches while the ditches furthest away from 104 1 the pump would be allowed to drain faster. 2 Q. On this page here, which of these BMPs are 3 being utilized by U.S. Sugar or have been utilized? 4 A. Again, the word "utilized" I would rather 5 say being worked on, being tried, being attempted. 6 Q. Okay. 7 A. Certainly, number 1 we referred to, Number 8 2, number 3 -- excuse me. Correction. Number 4, 9 number 5, number 6. Number 8 I have not done. 10 Number 9 I have not done. Number 11 is being worked 11 on. 12 Q. Okay. The title of this report is Best 13 Management Practices For On-farm Phosphorous 14 Reductions through Sediment Control. 15 What's meant by sediment control? 16 A. Controlling the sedimentation that is in 17 the discharge water. 18 Q. Okay. So when you discharge water from the 19 farm into a canal the sediment or the phosphorous or 20 whatever runs off would be settling to the bottom of 21 the ditch and remain there until say water is pumped 22 from the ditch, is that right? 23 A. That can occur. 24 Q. Next page continues with BMPs. Number 12, 25 reroute water flow in fields near pump stations. Can 105 1 you explain that BMP? 2 A. It's an idea again similar to the previous 3 one whereby the water in the ditches closest to the 4 discharge pump would be pumped by internal pump to 5 the farthest area of the farm and then allowed to 6 flow back to the main discharge pump. 7 Q. Numbers 13, 14 and 15 say "Engineering." 8 What does that mean? 9 A. That meant those particular items within 10 the book would have to be approached and accomplished 11 by our Engineering Department. 12 Q. Okay. Number 16 says, YES! Most important 13 by far, BMP of all. 14 What is that referring to? 15 A. To item 16 within the book. 16 Q. Is that the parallel water treatment? 17 A. No, ma'am. 18 Q. Which one is that? 19 A. It is the strong canal cleaning program. 20 Q. What page is that on, do you know? 21 A. It's numbered -- excuse me. It refers to 22 pages 35 and 36 within the book. 23 Q. Okay. All right. Now on page 35 I'm 24 looking at a diagram of a -- what I assume is a canal 25 and shows at the bottom existing sediments. 106 1 Now, is the purpose of this BMP to remove 2 exists sediments? 3 A. Yes, ma'am. 4 Q. And why is that important to do? 5 A. Those sediments have come through runoff of 6 the fields into the ditches and might contain 7 phosphorus. 8 Q. Is this being implemented by U.S. Sugar 9 right now? 10 A. Yes. 11 Q. How often should canals be cleaned? 12 A. The only way I can answer that is as 13 necessary. 14 Q. If they are not cleaned, does that then 15 allow sediments to build up on the bottom to such an 16 extent that when the water is utilized for irrigation 17 the sediments are then stirred up and put back on the 18 field? 19 A. I don't have the engineering knowledge to 20 say that about irrigation. 21 Q. What's the purpose in cleaning the canals? 22 I mean I know it's to remove the sediment but why do 23 you want to remove the sediment? 24 A. As I stated there might be phosphorus in 25 it. 107 1 Q. Okay. And why don't you want phosphorus to 2 accumulate in the sediment? 3 A. I'm not sure that I care. 4 Q. Why would whoever is implementing this BMP 5 not want phosphorus to be accumulated in the 6 sediment? 7 A. Because the sediment is liable to be 8 disturbed during discharge pumping. 9 Q. And then what would happen to the sediment 10 if it was disturbed during discharge pumping? 11 A. It could go off site. 12 Q. The next BMP is numbered 13, zigzag 13 disking. 14 Can you explain that? 15 MR. RUSSELL: Appears to be number 3 in the 16 middle of the page. 17 MS. LaPLANT: I'm sorry. Number 3, right. 18 THE WITNESS: Zigzag is just as it implies, 19 is a technique whereby the disking operation 20 during land preparation occurs in a zigzag 21 pattern across the field rather than in a 22 straight line. 23 BY MS. LaPLANT: 24 Q. Why would you want it to be zigzagged? 25 A. We feel that it helps to prevent wind 108 1 erosion and slows down surface water runoff. 2 Q. Okay. I guess that's number 7, grassed in 3 or polymer treated field ditch entrances. 4 Can you explain that? 5 A. The field ditch entrance would be the area 6 at the end of the field ditch where the water goes 7 through a culvert into some main ditch or canal and 8 it's the collection point, so to speak, and at that 9 area there is very particular emphasis about being 10 grassed over or treated with some polymer to 11 stabilize the soil at that location. 12 Q. When the canal banks are grassed with, say 13 Bermuda grass as in number 5, is that grass 14 fertilized? 15 A. No. 16 Q. All right. The last BMP, I believe -- no, 17 I guess it's not. The next one is number 10, culvert 18 location above ditch bottom. 19 Can you explain what that is? 20 A. This is a technique whereby the culvert at 21 the end of the field ditch is not placed on the 22 bottom of the ditch, but is raised above the bottom 23 of the ditch some given distance -- 24 Q. For what purpose? 25 A. -- when it is installed. 109 1 So as to slow down sediment movement. 2 Q. The next page -- these are more BMPs, is 3 that right? 4 A. Yes, ma'am. 5 Q. Okay. I really can't rea