STATE OF FLORIDA DIVISION OF ADMINISTRATIVE HEARINGS SUGAR CANE GROWERS COOPERATIVE OF FLORIDA, a Florida Agricultural Cooperative Marketing Association, ROTH FARMS, INC., and WEDGWORTH FARMS, INC., -and- CASE NOS. 92-3038 FLORIDA SUGAR CANE LEAGUE, INC.; 92-3039 UNITED STATES SUGAR CORPORATION; 92-3040 and NEW HOPE SOUTH, INC., -and- FLORIDA FRUIT and VEGETABLE ASSOCIATION, LEWIS POPE FARMS, W. E. SCHLECHTER & SONS, INC., and HUNDLEY FARMS, INC., Petitioners, -vs- SOUTH FLORIDA WATER MANAGEMENT DISTRICT, an Agency of the State of Florida, Respondent, -and- MICCOSUKEE TRIBE OF INDIANS OF FLORIDA, the UNITED STATE OF AMERICA, and FLORIDA DEPARTMENT OF ENVIRONMENTAL REGULATION, the FLORIDA WILDLIFE FEDERATION, the FLORIDA AUDUBON SOCIETY, and the SIERRA CLUB, Intervenors. ______________________________/ THE DEPOSITION OF: GEORGE M. COLE TAKEN AT THE INSTANCE OF: Attorneys for United States DATE: December 7, 1992 TIME: Commenced at 9:00 a.m. Concluded at 10:30 a.m. ACCURATE STENOTYPE REPORTERS, INC. 100 Salem Court Tallahassee, Florida 32301 (904) 878-2221 ACCURATE STENOTYPE REPORTERS, INC. 2 (TITLE PAGE CONTINUED:) LOCATION: U.S. Attorney's Office 315 South Calhoun Street Suite 510 Tallahassee, Florida REPORTED BY: CAROLYN RANKINE, RPR, CP Notary Public in and for the State of Florida at Large * * * APPEARANCES: REPRESENTING SUGAR CANE GROWERS COOPERATIVE: DONNA STINSON, ESQ. Hopping Boyd Green & Sams 123 South Calhoun Street Tallahassee, Florida 32301 REPRESENTING THE RESPONDENT-INTERVENOR: THOMAS A. WATTS-FITZGERALD, ESQ. Assistant United States Attorneys Southern District of Florida 155 South Miami Avenue Miami, Florida 33130 * * * I N D E X WITNESS PAGE GEORGE M. COLE Direct Examination by Mr. FitzGerald 3 EXHIBITS: Number 1 Notice 2 Resume (Exhibits marked prior to deposition.) CERTIFICATE OF REPORTER 47 ACCURATE STENOTYPE REPORTERS, INC. 3 1 S T I P U L A T I O N S 2 The following deposition of GEORGE M. COLE was 3 taken on oral examination, pursuant to notice, for purposes 4 of discovery, for use as evidence, and for such other uses 5 and purposes as may be permitted by the applicable and 6 governing rules. All objections except as to the form of 7 the question are reserved until the final hearing in this 8 cause; and reading and signing is not waived. 9 * * * 10 Thereupon, 11 GEORGE M. COLE 12 was called as a witness, having been first duly sworn, was 13 examined and testified as follows: 14 DIRECT EXAMINATION 15 BY MR. FITZGERALD: 16 Q Good morning, Mr. Cole. I'm Tom FitzGerald 17 with the U.S. Attorney's Office in the Southern District of 18 Florida located in Miami, and I actually signed the notice 19 of the depo for you. 20 Have you been deposed before, sir? 21 A Yes, sir, I have. 22 Q How many times? 23 A Many dozens. I don't have a precise count. 24 Q I'll go through the preliminaries very quickly 25 because you probably recall them. If at any time during ACCURATE STENOTYPE REPORTERS, INC. 4 1 the deposition you'd like to take a break, please, just let 2 me know and we can knock off. Based on what I've been 3 advised by counsel and in review of the documentation, I 4 suspect we'll only be about a half day at most because it's 5 my understanding you have not reached final opinions and 6 conclusions as yet. 7 If during the course of the deposition any of 8 the questions I ask are unclear, and I've been told I have 9 a habit of doing that, which may be exacerbated by the fact 10 that your expertise in a fairly obscure area to the general 11 public, then, please, just tell me that you don't 12 understand or ask for clarification if you don't understand 13 what I'm really asking. If at any time objections are 14 raised by counsel to the questions, short of a direction 15 for you not to respond, we'll try to work that out, and 16 then, of course, you can go ahead and answer the question. 17 Have you qualified as an expert witness in 18 court in the past? 19 A Yes, sir, I have. 20 Q Approximately how many occasions? 21 A Oh, a couple dozen times probably. 22 Q Was that in state or federal court? 23 A Both. 24 Q With regard to federal court, what were your 25 designated areas of expertise for which you were found to ACCURATE STENOTYPE REPORTERS, INC. 5 1 be competent to testify by the court? 2 A One instance coastal and geodetic surveys; 3 other instance has been maritime boundaries, generally, in 4 these areas such as these. 5 Q Did any of the areas in federal court for 6 which you were found to be an expert touch on photographic 7 interpretation? 8 A No, sir. 9 Q How about state system? 10 A I've been qualified in a number of different 11 areas within the surveying, and engineering, and mapping 12 categories. 13 Q Same question as earlier: any photo imagery 14 interpretive work or collation work involved in those? 15 A Yes, sir. Many of these photogrammetry have 16 been used as a tool in the project involved with those. 17 Q Have you ever testified before on behalf of -- 18 or worked on behalf of the law firm Hopping Boyd & Green? 19 A I think I worked for them a couple of cases. 20 To my recollection, I have not testified for them. 21 Q Do you recall when the last instance was that 22 you worked with the firm? 23 A The last one I can recall was involving a 24 small lake in Central Florida that was to have a -- there 25 was an expressway going through it or something like this. ACCURATE STENOTYPE REPORTERS, INC. 6 1 I had a fairly obscure part, as usual, dealing with the 2 ordinary high-water line of the small lake. 3 Q Did that have to do with the conversion of 4 submerged lands claims to the state and ownership issues? 5 A Yes, that's correct. 6 Q When were you first contacted with regard to 7 working on the present case? 8 A Approximately two or three months ago, so it 9 would have been in the fall of this year, 1992. 10 Q Who actually initiated that contact? 11 A I was originally contacted by Dr. Tom Herbert. 12 Q You have worked with Dr. Herbert in the past? 13 A Yes, sir, we've worked on a number of various 14 cases. 15 Q What type of projects have you worked on with 16 Mr. Herbert's company? 17 A I've worked on location of drilling sites for 18 permits, you know, for drilling, both on land as well as 19 offshore in drilling sites; locating -- doing mean 20 high-water line surveys of one instance at a docking for a 21 submerged land type, division of royalties type situation, 22 prepared photographs of various, I guess, geophysical tract 23 lines, more or less, through various areas, different types 24 of surveys, and just generally the things in the surveying, 25 photogrammetry, and mapping type of areas. ACCURATE STENOTYPE REPORTERS, INC. 7 1 Q If you know, was Dr. Herbert's client in those 2 instances Shell Western? 3 A In one instance I recall it was Shell Western. 4 Q How about Getty? 5 A Getty, yes, sir. I believe a case -- a couple 6 of tasks dealing with Pensacola Bay. You may recall the 7 drilling rig that was drilled in Pensacola Bay. 8 Q Did you work with Dr. Herbert at all on any of 9 the projects he did for the Miccosukee Tribe of Indians, 10 Miccosukee Tribe of Florida? 11 A I subdivided a public lands township for the 12 Miccosukee Tribe, Dr. Herbert was involved with that. 13 Q Where was that located? 14 A Right at the Broward-Collier county line. 15 Right at the northern extremes of the Miccosukee Tribe's 16 Reservation. 17 Q When was that? 18 A Approximately three years ago. 19 Q And had Dr. Herbert brought you in to help him 20 on that as well? 21 A He contacted regarding performing the survey, 22 yes, sir. 23 Q The drilling sites that you were locating and 24 the seismic tracts, were those in the water conservation 25 areas? ACCURATE STENOTYPE REPORTERS, INC. 8 1 A Not to my recollection. I recall just 2 doing -- preparing a series of photographs of a -- I'm not 3 sure it was seismic. I believe it was for geophysical. 4 I'm not sure what type of geophysical exploration, though. 5 It was on the -- towards the West Coast of Florida. 6 Q Was any of the work connected with Big 7 Cypress, our national preserve? 8 A I don't believe so. 9 Q Does the name Raccoon Point strike a familiar 10 note? 11 A No, sir. 12 Q After your initial contact with Dr. Herbert, 13 did you enter into a formal contract to work on the case? 14 A No, sir; I had no contract per se. Just as a 15 time and materials type situation. 16 Q And that's with Dr. Herbert? 17 A No, sir. With the law firm of Hopping Boyd. 18 Q And if it's not a trade secret, what are the 19 time and materials fees that you charge for a case like 20 this? 21 A For my time, I charge $95 an hour. 22 Q Do you have an estimate of what it's going to 23 cost for your entire run of work? 24 A I really don't know what all I'm going to be 25 doing yet, to tell you the truth. I have very little ACCURATE STENOTYPE REPORTERS, INC. 9 1 involvement to date. 2 Q We'll get to that. 3 A Okay. You know, I've been -- a couple of 4 things I've been asked to do that I haven't had an 5 opportunity to do yet. 6 Q What work, if any, have you done in, if you 7 understand the term, the Everglades Protection Area. 8 A You need to clarify the geographic -- 9 Q Do you understand that term as it's used in 10 the Marjorie Stoneman Douglas Everglades Protection Act? 11 A I have a visual here that I think referred to 12 it. It was a FAX'd to me on Thursday, and it had a certain 13 color code that is defined as the Everglades Protection 14 Area, is this the area you're referring to. 15 Q Yes. Essentially, take for the purposes of 16 this deposition the Everglades Protection Area is comprised 17 of Loxahatchee National Wildlife Refuge, the water 18 conversation areas established by the State of Florida 19 south of Lake Okeechobee and west of what's referred to as 20 the Coastal Levy in the Central and South Florida flood 21 control project, and Everglades National Park, the 22 Everglades Protection Area. Have you done any work in the 23 past in the those areas? 24 A I'm not quite certain how the Miccosukee 25 Reservation relates to that, but -- ACCURATE STENOTYPE REPORTERS, INC. 10 1 Q Let me -- 2 A Sure. 3 Q -- tell you as opposed to testifying. Assume 4 that the Miccosukee Reservation in fact is within the water 5 conservation area. 6 A I did, indeed, perform -- I subdivided, you 7 know, the survey of a township on the indian reservation, 8 conventional survey, except I did use satellite positioning 9 in lieu of conventional type surveying through there to 10 breakdown and perform mathematical analysis of the location 11 of the sections, and then monumented one section three 12 years ago. 13 I've done some surveys on the West Coast of 14 Florida, but I can't tell from this -- with the scale of 15 this map it may be on the fringes of it. It would be 16 fairly close on the west coast near Naples, Florida, or 17 Marco Island, Florida. 18 Q In Collier County? 19 A Collier County, yes, sir. 20 Q That's unlikely it would be in it. 21 A Okay. 22 Q When you did the township subdivision and 23 monumenting for the Miccosukee Indian Tribe, were you using 24 GPS system? 25 A That's correct. ACCURATE STENOTYPE REPORTERS, INC. 11 1 Q Are you familiar with the Everglades 2 Agricultural Area? 3 A Only through this same FAX that I received -- 4 no; I guess it doesn't show that area. I've heard the 5 term, but Ms. Stinson is -- 6 Q This area here. 7 A This says EAA regulated area, is that it? 8 Q Just for the record, so people have a feel of 9 what we're looking at later, you're looking at page 7, an 10 excerpt from the planning document, and it's the Everglades 11 SWIM Plan approved by the board of the South Florida Water 12 Management District, the planning document at page 7, which 13 shows the Everglades SWIM Plan planning district, 14 basically, figure number 1. The crosshatch area at the top 15 would be the Everglades Agricultural Area as that's defined 16 for purposes of this case, Mr. Cole. Have you ever done 17 any work in that area? It's basically south and east of 18 Lake Okeechobee. The sugar cane and vegetable farm lands. 19 A To my recollection, I've done no work other 20 than work I'm sure we'll discuss later for this particular 21 case. 22 Q Other than this case, you're not familiar? 23 A No, sir. 24 Q How long does your relationship with 25 Dr. Herbert's firm go back? ACCURATE STENOTYPE REPORTERS, INC. 12 1 A I guess I first met Dr. Herbert about 1975. 2 At that time he was staff director of Senate National 3 Resources Committee, and I'm not sure exactly when he went 4 in private practice, but we've had various associations 5 ever since that time. 6 Q Your firm is Florida Engineering Services? 7 A That's correct. 8 Q Haw large is the firm? 9 A Very small. It's about five people. 10 Q What's the business organization of the firm? 11 A It's a corporation registered in Florida and 12 Mississippi. It's partially owned by myself with the 13 majority of the stock owned by the firm of Keith & Schnars, 14 a large engineering firm out of Fort Lauderdale, Florida. 15 Q Was Florida Engineering Services at one time a 16 what they call a branch or division of Keith & Schnars? 17 A No, sir. We've always been a separate 18 corporation. We founded it in 1981 and as a separate 19 corporation. 20 Q How did they come to hold a portion of the 21 stock? 22 A I was interested in going into private 23 practice, I was with the State of Florida, and Keith & 24 Schnars was interested in having an office in Tallahassee, 25 so this -- we just have acted as a subsidiary of that firm ACCURATE STENOTYPE REPORTERS, INC. 13 1 since then. 2 Q And what percentage of the stock do they own? 3 A Eighty percent. 4 Q And that is the sole class of stock, just one 5 outstanding class? 6 A That's correct. 7 Q What percentage of the firm do you own? 8 A Twenty. 9 Q So everyone but for you at the firm is simply 10 an employee. They don't share any ownership? 11 A That is correct, yes, sir. 12 Q What involvement on the day-to-day basis does 13 Keith & Schnars exercise over the firm and its operations? 14 A None. 15 Q Are projects that you're going to embark upon 16 cleared in any way with Keith & Schnars? 17 A No, sir. 18 Q Is there any consultation between your firm 19 and other branches of Keith & Schnars with regard to 20 projects that they're engaged in? 21 A No, sir. Occasionally, we do joint marketing 22 efforts, and I assist them on projects that are within my 23 specialty. If I'm working in South Florida, I utilize 24 their field forces to assist me in projects down there. 25 Q Do you know Thomas Jennings? ACCURATE STENOTYPE REPORTERS, INC. 14 1 A Yes, sir. 2 Q How do you know him? 3 A He's an employee of Keith & Schnars, the 4 Lakeland division. 5 Q Were you aware that he's been retained, and 6 Keith & Schnars has been retained by another party in this 7 case? 8 A No, sir. 9 Q You've had no discussions with Mr. Jennings 10 involving his -- 11 A No, sir. We are fairly autonomous up here. 12 Q What is your role within the firm here as 13 president and chief minority stockholder? 14 A I guess both directing both the administrative 15 aspects of the firm and technical aspects. 16 Q The four or five employees that work under 17 you, do they have particular areas of responsibility, or 18 are they grouped according to technical specialty? 19 A Well, there's one secretary that assists in 20 handling the administrative aspects, the remainder of those 21 are people that work both in the field and in computer 22 processing of the resulting data. 23 Q What are the technical backgrounds of the 24 other four, exclusive of the secretary? 25 A They're either college students, you know, ACCURATE STENOTYPE REPORTERS, INC. 15 1 that are still working towards their degree, or one has a 2 degree in, I believe, chemistry. They're primarily 3 surveying and mapping type personnel, CAD type people. 4 Q Other than the surveying typographical type 5 work that your firm does, do you do any work in the area of 6 water quality analysis? 7 A No; not in house. More of the spatial 8 aspects. We do a small amount of civil engineering 9 primarily associated with hydrology, storm water. Most of 10 our work, though, is in surveying and mapping. 11 Q In the area of storm water, do you engage in 12 consulting work for the preparation of storm water 13 management permits for state agencies? 14 A We have. Certainly not a large percentage of 15 our business, but we have, yes, sir. 16 Q From that or other work, do you have any 17 special knowledge or familiarity with the statutes dealing 18 with water quality requirements within the State of 19 Florida? 20 A Not a continuing knowledge. I just, you know, 21 refresh my mind each time I get involved with such a thing. 22 Q Are you familiar with the terms Outstanding 23 Florida Waters or Class III Florida Waters? 24 A I'm familiar with the terms, yes, sir. 25 Q Do you deal with those issues on any ACCURATE STENOTYPE REPORTERS, INC. 16 1 significant basis at your firm? 2 A Not on a large scale basis; no, sir. 3 Q Can you tell me just, you know, in sort of 4 broad terms what the gross or net revenue of your company 5 is in a given year, average year? 6 A Between 200 and 300,000 a year. 7 Q When your firm is retained on a project such 8 as this or any other projects, do you delegate supervisory 9 responsibility for individual projects or do you retain 10 that yourself? 11 A As small as we are, I retain that myself. 12 Q On this project other than yourself, how many 13 of your employees, exclusive of the secretarial functions, 14 would work directly on the project? 15 A Either one or two primarily in the graphic, 16 you know, working in the photo lab or the graphics, things 17 of this nature. 18 Q Would that depend, you know, whomever you 19 chose to do that, would that simply depend on who was 20 available at a given time, or do you assign people -- 21 A Depends on what our assignment is to be. 22 Q When you were first contacted by Dr. Herbert 23 back in the Fall of '92 -- I guess this is still, 24 technically, the Fall of '92 -- what did he give you to 25 understand what the nature of the work he was interested in ACCURATE STENOTYPE REPORTERS, INC. 17 1 having Florida Engineering Services perform? 2 A Originally it was just to do some photographic 3 and photogrammetric work in relation to the project. 4 Q Photographic we probably all understand. Can 5 you just clarify for the record what you mean by 6 photogrammetric? 7 A Making quantitative -- or measurements off of 8 photographs. 9 Q If I can invite your attention to what's been 10 marked as Exhibit 2 for this hearing, which is a copy of 11 your resume, if you could take a moment and go through 12 that. I'd just like to start to make sure that it's up to 13 date and nothing you consider of significance has occurred 14 since that was put together. 15 A Yes, sir, I believe this is up to date. 16 Q Your resume indicates that at the graduate 17 level you've received some training in law. What precisely 18 was the nature that training. 19 A I've taken courses in coastal law at Florida 20 State, and of business law, and a number of short seminars, 21 and various -- primarily dealing with water boundaries, 22 things of this nature. 23 Q You know that the University of Miami Law 24 School has the real experts on coastal -- 25 A I understand that, yes, sir. ACCURATE STENOTYPE REPORTERS, INC. 18 1 I used to be a great disciple of -- you know, 2 one of my heroes, the late Dean Malone from the University 3 of Florida, so I somewhat thought that he was an expert in 4 his time. 5 Q There's also an indication of training in 6 various survey courses or some sort at the postgraduate 7 level, what would that have been? 8 A These would have been short courses conducted 9 by various educational institutions. 10 Q Continuing education? 11 A Yes, sir. 12 Q And would the same thing be true of the 13 professional associations, you list that they hold seminars 14 and training sessions? 15 A Yes, sir. I give a number of seminars around 16 the country each year for different professional 17 associations. 18 Q Was any of that postgraduate training or 19 continuing education work directly applicable to 20 photogrammetric or photo imagery work in mixed marsh areas 21 such as the Everglades? 22 A I've attended seminars dealing with 23 photogrammetric techniques, but none of them have been 24 specifically directed to such areas as that; no, sir. 25 Q Has most of your work in fact been directed ACCURATE STENOTYPE REPORTERS, INC. 19 1 more at maritime boundary work and coastal hydrology? 2 A The largest percentage of it probably has, 3 yes, sir. 4 Q I note from your resume that you have 5 completed your course work for your Masters? 6 A Yes, sir. 7 Q And that's Masters in geography? 8 A That's correct. 9 Q Have you submitted your thesis yet? 10 A No, sir. I'm hoping I'm doing so next 11 semester. 12 Q Have you selected the topic? 13 A Tentatively -- I haven't received approval on 14 it, but dealing with geographic variations in tidal data in 15 the State of Florida. 16 Q So you would expect your Masters to be awarded 17 in approximately a year to a year and a half? 18 A Yes, sir, depending on the thesis process. 19 Q Are you familiar with the designations 20 submitted by counsel on October 26th or within a day or two 21 of that, that listed the areas in which you would likely 22 render testimony? 23 A No, sir; I'm not. 24 Q Has any of your work to date dealt with the 25 use of photo imagery to develop testimony on historical ACCURATE STENOTYPE REPORTERS, INC. 20 1 trends? 2 A Yes, sir. 3 Q What type of historical trends are you 4 analyzing? 5 A One example I can think of is trends in 6 coastal boundaries and development of water bodies. 7 Q When you do that, what methodology do you 8 employ to develop a trend analysis or historical analysis 9 of the boundaries of the water bodies? 10 A Primarily cartographic type approach by 11 comparing lines that have been either derived from 12 photography or have been created on historic surveys of the 13 area. 14 Q When you rely on a historical materials, do 15 you somehow have to geographically rectify the various 16 photos that might come from separate surveys? 17 A Oh, yes, sir. Because, obviously, all the 18 documentation was more than likely to be on different 19 scales as well as if it's photographic evidence there can 20 be tilt and other types of displacements. 21 Q When I use the term "rectify," that's a term 22 of art in your business? 23 A Yes, sir. 24 Q Can you, for the record, explain what's meant 25 by that? Your the first witness who knew what it meant ACCURATE STENOTYPE REPORTERS, INC. 21 1 when I used it, so this is important. 2 A In the photographic sense, rectification is to 3 correct photographic image for tilt and scale distortions 4 due to either angle of the camera, things of this nature. 5 Q When you have done that, historically, have 6 you ever encountered instances where historical 7 photographic runs from whatever sort, either archives or 8 agricultural services operation out in the midwest were not 9 of sufficient quality to aid you in your work? 10 A It depends on the scale of it. Obviously, 11 almost any photograph has a certain quality, but it can 12 only be used up to a certain scale. You know, if taken 13 way, way high up in the atmosphere, you cannot expect to 14 get high resolution type information out of this. So I 15 would never say none of it is worthless, but it can only be 16 taken to a certain scale. 17 Q In the work you've done on the historical 18 developments of water bodies, are you essentially looking 19 at water line limitations in those cases or were you? 20 A What do you mean by water line limitation. 21 Q I'm trying to determine high water, mean 22 water, that sort of thing for land use. 23 A Usually you use a certain type of shore line 24 which you would associate with a certain type of datum, 25 yes, sir. ACCURATE STENOTYPE REPORTERS, INC. 22 1 Q Lakes, of course, generally don't have tidal 2 fluctuations, so when you're dealing with a lake, what are 3 you looking at in those cases? 4 A The legal boundary, of course, at least in 5 Florida, for most lakes is considered to be the ordinary 6 high-water line. So if that was your particular area of 7 interest, you would look for evidence of the ordinary 8 high-water line. 9 Q In addition to the photo imagery that may be 10 available, what hydrologic data do you customarily use to 11 assist you in determining what is a normal high-water line 12 in any given year? 13 A I've used quite frequently gauging data 14 prepared -- or gathered by the U.S. Geological Survey as 15 well as gauging data in tidal areas gathered by U.S. Coast 16 and Geodetic Survey, National Ocean Service, and of course 17 data gathered by our own firm. 18 Q In internal lakes that aren't significant 19 enough to have a gauging station, how do you make up for 20 the lack of that data? 21 A There is strictly a matter of examining 22 physical phenomena that may be indicative of long-standing 23 water. 24 Q On scene inspection? 25 A Yes, sir. ACCURATE STENOTYPE REPORTERS, INC. 23 1 Q In the work that you have done that we've been 2 discussing, has any of that ever involved analysis of 3 vegetative growth? 4 A My own work? 5 Q Yes. 6 A Not so much as species delineation, but as 7 using the general signature of the vegetation for 8 indication of high water, standing water, and so forth. 9 Q Sir, I'm not sure I understand the distinction 10 that you're drawing between species delineation and using 11 growth to delineate high water. 12 A For instance, in cases dealing with coastal 13 boundaries, the mean high-water line would be the -- in 14 Florida -- the prevailing -- the boundary. In many cases, 15 in Florida, the mean high-water line can be found up in the 16 vegetation, marshes with different types of vegetation, 17 Juncus, different things like that. So from my 18 perspective, I don't really care what species is there, but 19 if you can derive a signature that would indicate the water 20 frequently gets up to that point -- and there's a 21 difference in the signature. It may indeed be caused by 22 different species, or may be caused by variations in the 23 robustness of the vegetation due to, you know, more 24 frequent budding, more nutrients, or things like that. But 25 I have done determinations using those sorts of criteria. ACCURATE STENOTYPE REPORTERS, INC. 24 1 Generally the signature, the photographic signature that 2 the vegetation gives off. 3 Q How do you determine what you're looking at, 4 what species? For example, in a coastal area some species 5 are more salt tolerant than others. 6 A Yes. I don't -- like I said, I have not and 7 don't care what species they are. Just by a lot of ground 8 truthing you can associate a certain line that you're 9 attempting to trace with a certain signature. 10 Q How do you ground truth something that was 11 shot in 1940, for example? 12 A Well, you can't except by comparing where the 13 line is today, of course, unless there are historic surveys 14 that you can use for ground truthing. 15 Q In comparing a vegetative pattern or signature 16 on a recent aerial shoot with one that's historical, where 17 you don't have extensive ground truthing data for the 18 historical, do you feel comfortable assuming or determining 19 from tonal differences in a black and white projection that 20 you're looking at the same type of vegetation to analyze 21 trends? 22 A In certain situations, that would be the case 23 (1) if there's been insignificant change in water level, no 24 significant changes in land use, or the vegetation, you 25 could certainly make generalizations from that. You'd have ACCURATE STENOTYPE REPORTERS, INC. 25 1 to do so guardedly, of course. 2 Q What is your understanding of what your role 3 as an expert witness in this case is? 4 A To date I've been contacted, as I've testified 5 earlier here, (1) about making some photographs, possibly 6 rectified the photographs to compare historic views of the 7 same area, and possibly making some measurements off of 8 these of different areas. More recently I've been asked to 9 collect any legal descriptions that are used by the water 10 management district and the Fish and Wildlife Service of 11 the Loxahatchee Preserve or a/k/a Conservation Area Number 12 1, I think it's called, and just analyze these descriptions 13 and compare them. Other than that, that's all I know. 14 Q Has anyone asked you to conduct an analysis of 15 the boundaries on the south and southwest of Loxahatchee 16 National Wildlife Refuge to determine the precise boundary 17 location. 18 A On the ground you mean? 19 Q No. From the available legal descriptions. 20 A From available legal descriptions, yes, I have 21 been asked to prepare a plot using the deeds that have been 22 provided to me by the Fish and Wildlife Service. 23 Q Do you know for what purpose the boundary plot 24 is being prepared? 25 A No, sir. I have been asked to compare that ACCURATE STENOTYPE REPORTERS, INC. 26 1 boundary with that described by the water management 2 district. 3 Q So in the data you're collecting, then, you're 4 preparing a boundary a la the Fish and Wildlife Service 5 view and comparing it to the South Florida Water Management 6 District's similarly constructed or published version of 7 the limits of their -- 8 A Yes, sir. 9 Q In doing that, have you determined whether, 10 over the course of time, there have been alterations of the 11 boundary first established when Loxahatchee or the water 12 conservation area was set aside for wildlife purposes? 13 A Yes, sir. Apparently, I haven't done a 14 complete, exhaustive analysis, just cursory analysis. It 15 appears to have been purchased or acquired at different 16 times. 17 Q Based on your background, can you tell me 18 what, in Florida, would be the state's view of the 19 ownership of canals maintained by a state agency? 20 A Depends on the title history of that 21 particular piece of land. If it was original private land, 22 and -- you know, and it was dredged, it certainly could 23 be -- there could be a public easement over there, but the 24 underlying fee ownership of the underlying land would not 25 have change unless the state has specifically acquired it ACCURATE STENOTYPE REPORTERS, INC. 27 1 by one means or another. 2 Q In performing the work you have been asked to 3 do that you've just described, what will be your 4 methodology or approach to developing and acquiring the 5 data? 6 A Well, the data most of it has been acquired 7 already. We called the water management district and asked 8 for their description, and we've called Fish and Wildlife 9 Service and asked for theirs. And I believe you received 10 that the last couple of days, that was data we're talking 11 about. 12 Q Other than the materials related to the 13 Loxahatchee, which were provided by counsel by Fed Ex, no 14 date -- on 3 December '92, do you have any other materials 15 related to your work thus far? 16 A No. Other than these graphics that you 17 received, you took the numbers down earlier in this 18 session. 19 Q Those are the seven charts, one of which is a 20 two-sheet chart of the Loxahatchee -- 21 A Yes, sir. 22 Q -- and the rest being blueprint plans from the 23 Corps of Engineers that reflect portions the South Florida 24 Flood Control Project? 25 A Yes, sir, that's all the data I have for this ACCURATE STENOTYPE REPORTERS, INC. 28 1 project. 2 Q Now, that addresses the boundary plots that 3 you're working on, how about the preparation of photo 4 imagery exhibits or analysis of photo imagery, what's being 5 done to move that process along? 6 A I have not received any of the photographic 7 data yet. I'm to be provided that by the client. 8 Q Whom do you expect to provide that to you? 9 A Dr. Herbert, I understand, is in the process 10 of acquiring all these negatives or film positives of the 11 various photography that we're to use. 12 Q In instances where he has acquired the 13 physical photo, the photo print, vice the negative, will 14 that affect how you handle the particular item of data? 15 A Yes. For photographic reproduction, we can 16 use film positive or a negative. From a film positive we 17 can, of course, make a duplicate negative. But the other 18 would be restricted to analyzing, if it came in that 19 format. I don't know how it's going to come. We would be 20 restricted into analyzing it in a format to which it is 21 currently in. 22 Q In your experience, do historical photo 23 shoots, aerial photo shoots, have the same accuracy in 24 terms of geographic positioning or monument reference 25 accuracy as more recent photo shoots? ACCURATE STENOTYPE REPORTERS, INC. 29 1 A I don't know if precision is the correct word. 2 They both, you know, would have the same precision, I would 3 think, unless there's differences in techniques -- of the 4 actual photographic techniques, differences in crystal 5 formation of the film, or things of that nature which would 6 possibly change the resolution of it. But the precision as 7 far as geographic precision would be determined by how you 8 could control or locate where that photograph was on the 9 ground, and that is external to the photographic process 10 itself. 11 Q How do you go about that process? 12 A Be relating it to points that you can identify 13 on the photograph to which you can assign a specific 14 geographic position and possibly elevation. 15 Q In instances where the photo you're presented 16 has no prominent geographic features, no man-made objects, 17 and consists only of an undistinguished piece of mixed 18 marsh, how do you go about that? 19 A It would be difficult to do, so you would hope 20 that there would be some features that had certain trends 21 at which you could match with subsequent photography of the 22 same area, or match with field surveys of the area. 23 Q Were you aware that even what are referred to 24 as tree islands or hammock structures in the Everglades 25 migrate? ACCURATE STENOTYPE REPORTERS, INC. 30 1 A They certainly may. I'm not -- I haven't done 2 any examination of whether or not there -- as to the 3 migratory patterns of the tree islands. 4 Q When a survey aircraft flies a particular 5 strip, of course, it takes photos at a given interval, 6 right? 7 A Yes, sir. 8 Q Based on speed and other criteria. 9 If you have that strip, and the first photo in 10 the strip starts at a known object, or object whose 11 position can be fairly precisely located, how far can the 12 aircraft fly before the accuracy of extrapolating positions 13 becomes questionable? 14 A Generally, that's what I usually refer to as 15 bridging. Generally, it depends on the techniques that 16 you're using. You can go a number of different models, 17 though, stereoscopic models that you can bridge over. Here 18 again, it depends on many factors: the height of it, and 19 the techniques that you use to bridge from one photograph 20 to the next, and so forth. 21 Q In areas where there are no ready reference of 22 known position, can you factor into your analysis the 23 circumstance that modern survey aircraft have much better 24 navigation systems than historical survey aircraft? 25 A No. Because very few of the modern ones ACCURATE STENOTYPE REPORTERS, INC. 31 1 really -- except for a few experimental projects -- take a 2 precise position at the time of the exposure. It's 3 certainly a technique that there have been literature 4 prepared on it, and there has been research conducted in 5 it, but to my knowledge there is no area in the 6 photographic production today is -- especially government 7 agencies doing this. So the navigational techniques -- 8 generally, it's visual navigation that the pilots are using 9 for this purpose. 10 Q You have seen no photographs or not aware of 11 any photographic imagery available for the Everglades 12 Agricultural Area or the Everglades Protection Area that 13 uses that technique? 14 A I'm not aware of any. Certainly doesn't 15 preclude their being in existence. But like I said, I 16 haven't been provided any data, any photographic data. 17 Q When do you expect to get some? 18 A Any day now. The last I heard it was any day 19 now, so I don't know. 20 Q How many conversations have you had with 21 Dr. Herbert about this? 22 A Probably three or four. 23 Q Have you discussed your work with anybody else 24 in connection with the case other than Dr. Herbert or the 25 people in your firm? ACCURATE STENOTYPE REPORTERS, INC. 32 1 A No, sir. Other than the attorneys with the 2 Hopping Boyd law firm. 3 Q Who is coordinating your work at the firm? 4 A Right now I believe Ms. Stinson is. I have 5 had conversations with Gary Perko also. 6 Q Do you have any notes or correspondence 7 related to your conversations with Dr. Herbert? 8 A No, sir. 9 Q Did you provide Dr. Herbert, after your 10 initial discussions with a list of sources, or indicate to 11 him where you thought data would be available to conduct 12 the work he was interested in having you do? 13 A No. He was already in the process of 14 acquiring the data when he contacted me about doing the 15 photographic and/or photogrammetric work connected with it. 16 Q Were you satisfied with the sources he was 17 using? 18 A I'm not certain of all the sources that he is 19 using at this point. 20 Q What sources would you tap for the data you 21 need to do this? 22 A I would certainly look for data in the 23 national archives as well as in the National Cartographic 24 Information Center; the U.S.G.S. flights; the Agricultural 25 Stabilization Service, Department of Agriculture. The ACCURATE STENOTYPE REPORTERS, INC. 33 1 National Ocean Service may have flown in that far on a 2 coastal geodetic survey, and Defense Mapping Agency as well 3 as state sources, of course, the Florida Department of 4 Transportation, primarily. 5 Q When you do receive the photographic data, how 6 will you proceed in processing it. 7 A I'm counting on there to be a discussion with 8 the clients at that time to find out what they are looking 9 for. As my instructions and my discussions have been very 10 conceptual to date, so I really don't know, in 11 truthfulness. I understand I'll be doing some photographic 12 processing, and possibly making enlargements and things for 13 exhibits, comparison. It may involve stereoscopic type 14 comparison, or indeed it may just involve digitizing from 15 the rectified enlargement with a computerize digitizing 16 tablet. I'm not certain yet. It depends on what the 17 client is looking for. I am somewhat hazy as to what is to 18 be expected of me. 19 Q What digitizing programs do you use, software 20 programs? 21 A Primarily I'd say three of them. I have one 22 that I authored myself, I frequently use. I frequently use 23 AUTO-CAD as well as a program, I guess it's called SIR-1 24 which was produced by a firm called Carlson Patterson. 25 Q What's the name of your proprietary program? ACCURATE STENOTYPE REPORTERS, INC. 34 1 A I've got one called Aerial one called Coord. 2 And there's nothing magical about it. 3 Q Chord as in a chord of a circle? 4 A Coordinates. 5 Q Coordinates, okay. 6 A C-O-O-R-D, I guess I called it. 7 Q And how do those proprietary programs differ 8 from the commercially available digitizing programs. 9 A They don't. Just the output, may be on 10 different format, may be useful for different purposes. 11 Q This one's going to be a real shot in the 12 dark. Once you figure out what they want you to do and 13 they give you the data to do it with, and you have more 14 than a hazy notion of why you're here, how long will it 15 take you? 16 A Here again, it depends on the assignment that 17 I'm given. 18 Q Has anybody indicated to you some sense of 19 when this work will be needed? 20 A No, sir. 21 Q Do you have any knowledge of the currently 22 schedule final hearing date for the case? 23 A No, sir. 24 Q Has anybody asked you how long it might take 25 in ballpark numbers to do this? ACCURATE STENOTYPE REPORTERS, INC. 35 1 A No. Because like I said, I don't know how 2 many photographs we're dealing with or anything else at 3 this point. No, sir I'm sorry. 4 Q If I suggested it was thousands, upward of a 5 thousand photos, of all different scales, over a course of 6 about six different flights a year, essentially, 1940, '43 7 '46, in the '50s, in the '80s, and then as late as 1990, 8 where you're having to compare photographic data for large 9 areas on the order of 23 square miles in one area, and 10 perhaps 30 square miles in another. From that can you 11 estimate the kind of time it would take to do this type of 12 project? 13 A It would depend on the resolution, of the 14 scale of the photographs, the resolution of desired 15 product, and many factors such as that. Obviously, it 16 could take months, or it could take just days, depending 17 on, here again, what we're going to do. 18 Q Would it be fair for me, then, to understand 19 that at this point you really can't even give me an idea of 20 what your end product would look like, what type of 21 exhibits you would produce? 22 A That's a very fair statement, yes, sir. 23 Q Have you had any discussions with Dr. Herbert 24 or others about having somebody utilize your work product 25 to do vegetative analysis, species identification? ACCURATE STENOTYPE REPORTERS, INC. 36 1 A No, sir. 2 Q How about hydroperiod determinations, if 3 you're familiar with the term? 4 A No, sir. I'm not familiar with the term; but, 5 no, sir; I haven't had any discussions regarding that. 6 (Discussion off the record.) 7 Q From the answers you've given so far it 8 appears that you are addressing areas within the Everglades 9 Protection Area. Has anyone indicated to you at any time 10 that you would conduct a similar analysis or similar work, 11 since it's very general at this point, in the Everglades 12 Agricultural Area? 13 A No one ever indicated geographic extent of 14 where my work would be focused, photographic work. The 15 only place that was indicated, you know, focus on the deeds 16 that we've discussed. But as to photographic, I have no 17 idea where the area we'll be covering at this point. 18 Q Prior to being contacted by Dr. Herbert, did 19 you have any familiarity with the Everglades SWIM Plan? 20 A Only reading in the press accounts of it. 21 Q And were you aware that there had been a 22 lawsuit between the United States and two Florida agencies 23 regarding nutrient pollution of Everglades? 24 A Here again, through press accounts I was aware 25 of it. ACCURATE STENOTYPE REPORTERS, INC. 37 1 Q Did you have any involvement in that case or 2 ever contacted by anyone? 3 A No, sir. 4 Q Were you in any way familiar or involved in 5 the development of chapter 40E-63 of the Florida 6 Administrative Code, which is commonly referred to as the 7 Everglades Agricultural Area Regulatory Program, or BMP 8 rule? 9 A No, sir. 10 Q Have you ever attended sessions of the South 11 Florida Water Management District Board? 12 A No, sir. 13 Q How about working sessions of staff? 14 A No. I've had meetings with staff, but not, 15 you know, formal meetings. I just had meetings regarding 16 different -- seems like there's been at least one or two 17 specific projects regarding permitting, or to obtain keys 18 to some of their areas, things like this. 19 Q Since being contacted regarding the case, have 20 you had a chance to review the SWIM Plan -- 21 A No, sir. 22 Q -- or any of its prior iterations? 23 A No, sir. 24 Q Do you currently have any contracts or ongoing 25 work with federal or state agencies? ACCURATE STENOTYPE REPORTERS, INC. 38 1 A Yes, sir. Currently have a contract with the 2 Fish and Wildlife Service for miscellaneous surveys with 3 the state. 4 Q I'm sorry. What's the first part of that? 5 Doing what? 6 A Miscellaneous surveys. 7 Q Oh, miscellaneous surveys. I'm sorry. 8 A Boundary surveys of theirs. 9 Q That's U.S. Fish and Wildlife Service? 10 A Yes, sir. 11 Q And where is the administrative office for 12 that contract? 13 A In Atlanta. 14 Q Are any of those surveys in South Florida? 15 A I've performed a survey, a small area over in 16 the Naples area for them. 17 Q Is that a wildlife refuge? 18 A It was -- there was two pieces to it. Part of 19 it was a small out parcel in the Panther Wildlife Refuge, 20 and the other one on border of the 10,000 islands, just a 21 mile identification where they had problems. 22 Q How about other federal agencies? 23 A No, sir; we have none. 24 Q Any state agency work at this time? 25 MS. STINSON: I presume you're speaking of ACCURATE STENOTYPE REPORTERS, INC. 39 1 Florida, state? 2 MR. FITZGERALD: Yes. 3 A I do have contracts with Mississippi and Texas 4 attorney general's offices, but in Florida we're -- 5 currently have a contract -- or a couple of contracts for 6 projects that are ultimately for the Florida Department of 7 Transportation, though they're subcontracted to the prime 8 contractor in each case. 9 Q Who is the prime? 10 A The firm of Reynolds Smith & Hills. 11 Q Do they have an office here in Tallahassee? 12 A They have an office here in Tallahassee. 13 Their home office I believe is in Jacksonville and they 14 have another home office down in South Florida. I'm not 15 sure how that works. 16 Q Are you familiar with a practice in surveying 17 called floating elevations? 18 A Not per se. It may be -- you know, I may be 19 familiar with the process, it may be called something 20 different in my vocabulary. 21 Q Let me describe it, and then you tell me if 22 you have a different lexicon for it. Where you would be 23 looking for a vertical elevation, and you would start at a 24 monument site, and from there take the elevation of the 25 surface of a pool of water that is some distance remote ACCURATE STENOTYPE REPORTERS, INC. 40 1 from the elevation using standard techniques, survey table, 2 standard leveling techniques, and then going from the 3 elevation of the surface of the pool of water determining 4 an elevation some distance from that trying to reach 5 closure on the transients, and determining the elevation at 6 the third remote point, extrapolating, if you will, from 7 the pool elevation. 8 A Yes, sir. I would call -- the term I would 9 use to call that by is water transfer of elevation. I am 10 familiar with that process. 11 Q Is that an accepted technique in surveying? 12 A In some cases with verifications. Obviously, 13 you have to be careful to ensure that the water surface is 14 indeed level, but through -- you can -- through redundant 15 observations or other forms of checking, you can sometimes 16 use that method. 17 Q Is the distance over which you -- I call it 18 floating. I'm sorry. What did you call it again? 19 A Water transfer. 20 Q Is the distance over which you're trying to 21 transfer that elevation a factor in the reliance you would 22 place on it? Does it affect its accuracy? 23 A Certainly. The greater distance has a better 24 chance of water slip existing, so you do have to take 25 precautions. ACCURATE STENOTYPE REPORTERS, INC. 41 1 Q Is there any standard or norm within your 2 field of expertise for how far you would be willing to do 3 that without an additional mechanism for checking the 4 elevation? 5 A No, sir. It would certainly vary with the 6 water body, with the shape of the water body, the 7 configuration of it, and things of this nature; prevailing 8 weather conditions. It would certainly vary. I've never 9 seen anything in our literature that would describe 10 parameters for that. 11 Q If you were taking elevation in a water body 12 that was a canal, essentially, and pumping operations were 13 occurring in the canal, would you be comfortable trying to 14 take an elevation transfer from water that you know has a 15 hydraulic differential at each end? 16 A Only if you knew the slope of the water that 17 existed. 18 Q If you could calculate the slope, then you can 19 factor that in? 20 A Yes. If you could -- you know, due to the 21 geographic -- or the topographic configuration of the 22 canal. If you felt comfortable with that and it was a 23 linear slope, yes, sir. 24 Q I think I can probably ask this a different 25 way, but in order to be sure I've covered it completely, ACCURATE STENOTYPE REPORTERS, INC. 42 1 other than the attorneys for Hopping Boyd and the contacts 2 with Dr. Herbert, have any of the other technical 3 consultants or experts retained by counsel conferred with 4 you regarding the development of your work or testimony? 5 A No, sir. 6 Q If I can invite your attention to Exhibit 1 to 7 the hearing. Counsel already has a copy of this. This is 8 your notice of deposition duces tecum. Have you seen that 9 document before? 10 A Yes, sir it was FAX'd to me on Thursday, which 11 would have probably been about the 2nd of December last 12 week. 13 Q Did you have an opportunity to read through 14 that? 15 A Yes, sir, I read through it. 16 Q Now, as we previously stated on the 3rd of 17 December, some documents were forwarded. What I'd like to 18 do is go down to page 4 or 5, page 5 at the bottom on the 19 documents to be produced. 20 A Yes, sir. 21 Q From your testimony thus far, I understand you 22 have no documents related to analysis of the effect or 23 impact of SWIM Plan on the vegetation in the Everglades 24 Protection Area? 25 A That's correct, I have not. ACCURATE STENOTYPE REPORTERS, INC. 43 1 Q Going to the next page. Other than the small 2 package of documents related to plat records of Fish and 3 Wildlife Service and of the Board of South Florida Water 4 Management District, do you have any other reports, 5 records, models, data bases, graphics or photo imagery that 6 you've yet reviewed or relied upon to analyze vegetative 7 growth patterns, communities, alterations of distribution 8 in the areas of the EAA or the EPA? 9 A No, sir. 10 Q Excluding those same materials I just 11 mentioned and the seven blueprints of the areas surrounding 12 Loxahatchee that you brought today, do you have any 13 documents, photographics, or records of any sort that show 14 any collection or analyst of photographic evidence of the 15 chronological development of EAA or area of the EPA. 16 A No, sir. 17 Q From your testimony, I take it that you have 18 no correspondence and have yet to prepare any reports? 19 A That's correct. 20 Q Do you have any correspondence or materials 21 that you have not provided in response to the request 22 within the notice of taking deposition under a claim of 23 privilege of any sort. 24 A No, sir. 25 Q Did you personally initiate inquiries to ACCURATE STENOTYPE REPORTERS, INC. 44 1 acquire the materials related to Loxahatchee National 2 Wildlife boundaries from Fish and Wildlife Service and from 3 the Board of South Florida Water Management District? 4 A I personally requested the data from Fish and 5 Wildlife Service, our secretary requested data from the 6 water management district. 7 Q In connection with that work, though, the plot 8 work or plat work related to the Loxahatchee, have you been 9 asked to focus on any particular portions of the boundary 10 or just the entire -- 11 A No, sir, I've just been in the process of 12 getting the data and keying it in, and the next step, I 13 would assume, I intend to consult with the attorneys about 14 what they do intend -- what they're looking for. 15 Q Have you reviewed any of the historical work 16 by other researchers related to the Everglades Protection 17 Area to help prepare you for consultation in this case? 18 A No, sir. 19 Q Well, I was going to try to give you some 20 notion of the date to which we would adjourn for completing 21 your deposition. I had noticed originally that it would 22 take approximately two days. We've taken just about the 23 amount of time I expected on the preliminaries, but can't 24 go much further, obviously. Once you have reached your 25 final opinion, counsel has assured me they would let us ACCURATE STENOTYPE REPORTERS, INC. 45 1 know when that is, probably because they have to, and we'll 2 renotice again trying to accommodate your schedule. 3 A This is, I feel, a little premature because I 4 really haven't done anything to speak of other than get a 5 couple of deeds together. 6 Q At that time, when we renotice, it will again 7 be duces tecum, meaning we also want whatever additional 8 documents and exhibits. I tell you that only because I 9 have found that if you warn witnesses, they kind of keep 10 that in mind as they go along, and then when that date 11 comes, you don't have to scramble or do a lot of extra work 12 to put together a file of the materials, if you're thinking 13 about it. As time goes by, you kind of throw a spare copy 14 aside. 15 A We'll try to keep that in mind as we 16 accumulate data. 17 Q It's just easier. Although as you accumulate 18 and digitize, you're going to amass quite a bit of material 19 because the definition of documents and records does 20 include electronically stored data. And I don't know if 21 you use IBMs or Apples, but I hope you're using IBM 22 compatible. 23 A I work with IBM compatible. 24 Q One group is using Apples, and it's a 25 nightmare for everybody. ACCURATE STENOTYPE REPORTERS, INC. 46 1 MR. FITZGERALD: That's it. Thank you very 2 much. We'll adjourn and renotice when you form 3 opinions, if any. 4 (Deposition concluded at 10:30 a.m.) 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 ACCURATE STENOTYPE REPORTERS, INC. 47 1 2 CERTIFICATE OF REPORTER 3 STATE OF FLORIDA: 4 COUNTY OF LEON: 5 I, CAROLYN RANKINE, Certified Shorthand Reporter and 6 Notary Public in and for the State of Florida at Large: 7 DO HEREBY CERTIFY that the foregoing deposition was 8 taken before me at the time and place therein designated; 9 that before testimony was taken, the deponent was duly 10 sworn; that my shorthand notes were thereafter transcribed 11 under my supervision; and the foregoing pages numbered 1 12 through 46 are a true and correct record of the aforesaid 13 proceedings. 14 I FURTHER CERTIFY that I am not a relative, 15 employee, attorney or counsel of any of the parties, nor 16 relative or employee of such attorney or counsel, or 17 financially interested in the foregoing action. 18 WITNESS MY HAND AND SEAL this, the 11th day of 19 December, A.D., 1992, IN THE CITY OF TALLAHASSEE, COUNTY OF 20 LEON, STATE OF FLORIDA. 21 22 ______________________________ CAROLYN RANKINE, RPR, CP 23 100 Salem Court Tallahassee, Florida 32301 24 (904)878-2221 25 My Commission Expires: July 22, 1995. ACCURATE STENOTYPE REPORTERS, INC. I N V O I C E ACCURATE STENOTYPE REPORTERS, INC. 100 Salem Court Tallahassee, Florida 32301 (904)878-2221 INVOICE #: CR-F-5884 FED. ID. 59-2708168 DATE: 12/11/92 THOMAS A. W. FITZGERALD, ESQ. Assistant United States Attorney Southern District of Florida 155 South Miami Avenue Miami, Florida 33130 ___________________________________________________________ RE: Sugar Cane Growers v. SFWMD DOAH Case Nos. 92-3038; -3039; -3040 The deposition of George M. Cole taken on December 7, 1992, at 315 South Calhoun Street, Suite 510, Tallahassee, Florida. ASCII disk: 25.00 Postage and handling: UPS ____5.00 **TOTAL DUE $ 30.00 ======== Reported by: Carolyn Rankine, RPR, CP______________________ THANK YOU! Please return copy with payment to ensure proper credit. Interest accrues at 12% annually if not paid in 45 days. ACCURATE STENOTYPE REPORTERS, INC. ERRATA SHEET I have read the transcript of my deposition, pages 1 through 46, and hereby subscribe to same, including any corrections and/or amendments listed below. ____________________ ___________________________ DATE GEORGE M. COLE (12/7/92) (CR) Sugar v. SFWMD Page/Line ________ _________________________________________________ ________ _________________________________________________ ________ _________________________________________________ ________ _________________________________________________ ________ _________________________________________________ ________ _________________________________________________ ________ _________________________________________________ ________ _________________________________________________ ________ _________________________________________________ ________ _________________________________________________ ________ _________________________________________________ ________ _________________________________________________ ________ _________________________________________________ ________ _________________________________________________ ________ _________________________________________________ ________ _________________________________________________ ________ _________________________________________________ ________ _________________________________________________ ________ _________________________________________________ ACCURATE STENOTYPE REPORTERS, INC. ACCURATE STENOTYPE REPORTERS, INC. 100 Salem Court Tallahassee, Florida 32301 (904)878-2221 December 11, 1992 DONNA STINSON, ESQ. Hopping Boyd Green & Sams 118 North Gadsden Street Tallahassee, Florida 32301 In re: Sugar v. SFWMD; DOAH Case Nos. 92-3038; -3039; -3040 Dear Ms. Stinson: Enclosed please find your copy of the deposition of George M. Cole, taken on December 7, 1992, in the above-styled case. As the witness did not waive reading and signing, I am also enclosing an errata sheet. Please have your office make the necessary arrangements with the witness to read your copy of the deposition, noting his corrections on the errata sheet, then dating and signing it. Please forward the completed errata sheet to Thomas A. W. FitzGerald, Assistant United States Attorney, to be attached to the original copy of the transcript. Thank you for your cooperation in this matter. It was a pleasure working with you. Sincerely, CAROLYN L. RANKINE, RPR, CP Enc. (Errata sheet and copy of transcript.) cc: Thomas A. W. FitzGerald, Esq. ACCURATE STENOTYPE REPORTERS, INC.