1

2 STATE OF FLORIDA

DIVISION OF ADMINISTRATIVE HEARINGS

SUGAR CANE GROWERS COOPERATIVE

4 OF FLORIDA, a Florida Agricultural CASE NOS. 92-3038

Cooperative Marketing Association; 92-3039

5 ROTH FARMS, INC.; and WEDGWORTH 92-3040

FARMS, INC.,

6 and

FLORIDA SUGAR CANE LEAGUE, INC.;

7 UNITED STATES SUGAR CORPORATION,

and

8 FLORIDA FRUIT AND VEGETABLE

ASSOCIATION; LEWIS POPE FARMS;

9 W.E. SCHLECHTER & SONS, INC.;

and HUNDLEY FARMS, INC.,

Petitioners,

vs.

SOUTH FLORIDA WATER MANAGEMENT

13 DISTRICT, an Agency of the State

of Florida,

Respondent,

and

MICCOSUKEE TRIBE OF INDIANS OF

17 FLORIDA; the UNITED STATES OF

AMERICA; and FLORIDA DEPARTMENT

18 OF ENVIRONMENTAL REGULATION, the

FLORIDA WILDLIFE FEDERATION, the

19 FLORIDA AUDUBON SOCIETY, and

the SIERRA CLUB,

Intervenors.

21 __________________________________/

22 DEPOSITION OF GEORGE M. COLE, P.E.

ACCURATE STENOTYPE REPORTERS, INC.

24 100 Salem Court

Tallahassee, Florida 32301

25 (904) 878-2221

1-800-934-9090

___________________________________________________________

DEPOSITION OF: GEORGE M. COLE, P.E.

TAKEN AT THE INSTANCE OF: Intervenor United States

DATE: Friday, February 18, 1994

TIME: Commenced at 9:50 a.m.

7 Concluded at 10:25 a.m.

8 LOCATION: 315 South Calhoun

Tallahassee, Florida

REPORTED BY: TERRY WILHELMI, CSR

10 Notary Public in and for the

State of Florida at Large

11 ___________________________________________________________

APPEARANCES

16 REPRESENTING THE PETITIONERS, SUGAR CANE

GROWERS, ROTH FARMS and WEDGWORTH FARMS:

GARY PERKO, ESQUIRE

18 Hopping, Boyd, Green & Sams

123 South Calhoun

19 Tallahassee, Florida 32301

REPRESENTING THE INTERVENOR UNITED STATES:

THOMAS A.W. FITZGERALD, ESQUIRE

22 Assistant United States Attorney

Southern District of Florida

23 99 N.E. 4th Street

Miami, Florida 33130

25 * * * * *

I N D E X

3 WITNESS PAGE

4 GEORGE M. COLE

5 Direct Examination by Mr. Fitzgerald 4

E X H I B I T S

10 NUMBER DESCRIPTION PAGE

11 Cole l Fax transmittal and four illustrations 12

Cole 2 Sketch of land description 20

12 Cole 3 DOT 2-12-91 print 27

Cole 4 USDA Soil Conservation Service 5-3-40 print 27

13 Cole 5 Mylar sheet 27

21 CERTIFICATE OF OATH 29

22 CERTIFICATE OF REPORTER 30

1 PROCEEDINGS

2 The following deposition of GEORGE M. COLE, P.E.

3 was taken on oral examination, pursuant to notice, for

4 purposes of discovery, and for use as evidence, and for

5 other uses and purposes as may be permitted by the

6 applicable and governing rules. Reading and signing is not

7 waived.

8 * * *

9 Thereupon,

10 GEORGE M. COLE, P.E.

11 was called as a witness, having been first duly sworn, was

12 examined and testified as follows:

13 DIRECT EXAMINATION

14 BY MR. FITZGERALD:

15 Q Good morning, Mr. Cole, I am Tom Fitzgerald with

16 the U.S. attorney's office. We met back in November of

17 '92, I think, or December.

18 A Yes, good to see you.

19 Q I know you have testified many, many times and

20 been deposed many times, but if during the course of the

21 questioning, you want to take a break, just let me know. I

22 doubt we will be at it long enough that you will feel the

23 need.

24 On the other hand, if I ask a question that you

25 don't understand or you need to assume certain facts in

1 order to make it amenable to a reasonable answer, please

2 tell me what the assumptions are or ask me to rephrase the

3 question or try and work through it and come up with

4 something that makes sense.

5 A Very well.

6 Q Since I guess December 7th of 1992 when you were

7 last here with us, have you conducted any additional survey

8 work or reviewed any additional survey work in the

9 Everglades Protection Area?

10 A Directly pertaining to this project?

11 Q Yes, relating to this project.

12 A Relating to this litigation, I have been asked

13 to do a few things by the Hopping, Boyd law firm. Do you

14 want me to detail them at this time?

15 Q Yes, please.

16 A I believe we discussed this in my last

17 deposition, but I interpreted descriptions provided by the

18 U.S. Fish and Wildlife Service and the Water Management

19 District and made a preliminary comparitive plot of these

20 and provided this to that law firm. I have been asked to

21 look at a specific area, I can't recall exactly where it is

22 on the boundary and how it compared to the levee and canal,

23 one portion of it. That was back -- here again, that was

24 back in early '93. In addition, I have communicated with

25 another member of the law firm regarding other possible

1 research I might conduct.

2 Q Is that research also related to the Loxahatchee

3 National Wildlife Refuge or WCA-1?

4 A Yes, sir, I believe it was.

5 Q Other than the work you have just described with

6 respect to the current administrative action, are you

7 engaged in any other work on behalf of Hopping, Boyd &

8 Green at this time?

9 A No, sir, I'm not.

10 Q Are you engaged in any other work at this time

11 on behalf of any farming interests, be it vegetable,

12 citrus, sugar cane, what have you, in the Everglades

13 Agricultural Area?

14 A No, I'm not. I have done work for the Collier

15 Corporation that I don't know if -- they may be involved.

16 It was not directly related to their agricultural

17 interests, though.

18 Q That's the SWEPI work that you had described to

19 us in the past?

20 A The what?

21 Q The Shell oil.

22 A No.

23 Q I may be getting you mixed up.

24 I think you had described once in brief some

25 work that you did for the Miccosukee Tribe of Indians of

1 Florida?

2 A That's correct.

3 Q Are you conducting any work currently for them?

4 A No, I'm not.

5 Q Are you still employed with the subsidiary of

6 Keith & Schnarrs?

7 A Yes, I am.

8 Q At Florida Engineering Services Corporation?

9 A That's right.

10 Q Do you have any current plans to change that

11 affiliation in the near future?

12 A Yes. As disclosed by Mr. Perko, I do intend to

13 accept a position with the Florida Department of

14 Transportation.

15 Q When does that become effective?

16 A The 28th of this month.

17 Q And what position will you be assuming with the

18 DOT, Florida DOT?

19 A I think the position title is Professional

20 Engineer Administrator. I'll be involved in the Office of

21 Contractual Services.

22 Q Do you know the general nature of your duties,

23 what they will be?

24 A Basically coordinating the contracting of

25 professionals to aid the department in its mission.

1 Q In the meantime, Florida Engineering Services

2 Corporation continues in existence as a subsidiary of Keith

3 & Schnarrs?

4 A Yes. I will be selling my interest in it to

5 Keith & Schnarrs.

6 Q During the course of the work you have conducted

7 from December of 1992 through today, have you consulted

8 with anybody at Keith & Schnarrs regarding the work you are

9 doing with respect to this matter?

10 A No, I have not.

11 Q In the intervening time, have you completed your

12 thesis?

13 A I'm working -- I'm still working on it,

14 unfortunately. I am officially registered and working on

15 it rapidly, but I have not completed it.

16 Q Was your topic approved?

17 A Yes, it was.

18 Q What was the final topic?

19 A Geographic variation in tidal datum heights in

20 estuaries.

21 Q Turning to the boundary project, if I can refer

22 to it that way, for the Loxahatchee National Wildlife

23 Refuge and its relationship with Water Conservation Area 1,

24 how did you go about comparing the boundaries of those two

25 differently named but somewhat contiguous parcels?

1 A Well, the -- I was able to get a series of

2 descriptions and plots of descriptions from the Fish and

3 Wild -- U.S. Fish and Wildlife Service that define what

4 they thought to be their lease area, so those were fairly

5 readily plotted. You could plot those in a CAD system just

6 by the meets and bounds, where they had common points. As

7 I recall, like I said, it's been a good while, the Water

8 Management District's description, though, was more of a

9 pictorial graphic, you know, plot of certain lines, so

10 basically the best I could just to sort of see how the two

11 compared, I put both of them in a CAD system to see how

12 they would -- where they, you know, totally included each

13 other. That's a poor description.

14 Q You mentioned the lease area or the leasehold

15 area of the Loxahatchee National Wildlife Refuge, did you

16 also acquire the meets and bounds descriptions, the legal

17 description, if you will, for the fee holdings by the

18 United States in the vicinity of the Wildlife Refuge or

19 WCA-1 that comprise part of the refuge?

20 A I made the assumption they were all leasehold

21 interests. They did not distinguish between whether they

22 were leasehold or fee holdings, but I believe I got all

23 that they purportedly had. Some of them indeed may have

24 been fee holdings.

25 Q In the process of acquiring materials from Fish

1 and Wildlife Service, did you speak with anybody directly

2 about the completeness and accuracy of the data to insure

3 you had all the amendments and modifications to the

4 boundaries that had occurred over time?

5 A I spoke with Rodney Benake, who is, I guess, the

6 survey supervisor for this district, and he advised me he

7 felt this was everything that, you know, all the records

8 that they had.

9 Q He is in Atlanta?

10 A In Atlanta, that's correct.

11 Q How about the same sort of notion with the South

12 Florida Water Management District, who did you deal with

13 there to insure that you had everything?

14 A I can't recall. Our administrative office --

15 assistant in the office dealt with someone there, I don't

16 have any specific names.

17 Q When you did this, did you hear the name

18 Strazulla Marsh, had that been incorporated yet into the

19 leaseholds of the refuge?

20 A I don't recall that name.

21 Q As of what date, is probably an easier way to do

22 it, was your data current?

23 A Roughly January of '93, approximately.

24 Q Do you recall what area of the refuge or WCA-1

25 was of particular interest or that you were directed to

1 focus your attention on?

2 A I cannot exactly recall. It seems to me it was

3 on the eastern side, but I'm sorry, I don't have a -- it's

4 in possibly some material that you were provided.

5 Q (Indicating.)

6 A Yeah, that's the material. That area that's

7 depicted on those illustrations in that letter to Bill

8 Green.

9 Q Okay, I have got here some documents I will

10 probably go ahead and mark, provided by counsel yesterday

11 by fax, and included a revised privilege list and a letter

12 that appears to be signed by you to Ms. Donna Stinson at

13 Hopping, Boyd, the exhibit consisting of the cover letter,

14 a fax transmittal memo and four pages of graphics.

15 A I think you have two different documents there.

16 Q Yes, well, let me show you those and ask if they

17 allow you to identify -- well, we should mark those the

18 next exhibit in this -- well, we should make it for today

19 and just be Number 1 for today.

20 A Here again, these are attachments that

21 accompanied a fax to Bill Green. This is a letter that

22 accompanied some other data, so I think these two don't

23 directly relate to each other.

24 Q All right, let's mark as Number 1 for the

25 deposition today then the four pages of graphics.

1 MS. PERKO: I believe a fax sheet went with

2 those.

3 A Was there a letter that went with this to Bill

4 Green or a note?

5 BY MR. FITZGERALD:

6 Q I don't know, was there? Do you remember when

7 you sent that?

8 A I believe it was February of '93.

9 Q The privilege list doesn't list any documents

10 held back for that date, so --

11 A It may have been just because it probably

12 accompanied a telephone conversation.

13 Q This looks like a fax transmittal note of the

14 same date, it says simply, "Per our discussion." Do you

15 think that's what went along with it?

16 A Yes, that went along with it and this was faxed

17 to Mr. Green.

18 Q So there probably wasn't a cover letter?

19 A Yes.

20 (Cole Exhibit 1 marked for identification.)

21 BY MR. FITZGERALD:

22 Q Which portion of the refuge or WCA-1 were you

23 specifically focusing on?

24 A It's an area at the intersection of the Broward

25 Canal and the Hillsboro Canal.

1 Q And as a result of your comparison, did you form

2 any conclusions regarding what areas were or were not

3 included within the lease or fee holds of the Loxahatchee

4 National Wildlife Refuge?

5 A This was just to advise Mr. Green of how the

6 boundary related to the physical features of the levee and

7 canal in that area, so I sent him these illustrations from

8 material that we had, had been earlier provided, to allow

9 him to see how they related.

10 There are two little areas in there

11 (indicating).

12 Q They have fax machine imposed numbers on them?

13 A Right.

14 Q It says 6, 7, 8 and 9, although that's

15 interesting, 7 is numbered in a totally different format.

16 A Only four pages were sent. I don't know how

17 they received those numbers, but what we do typically is

18 this is a stick-on fax transmittal that was stuck to the

19 top of one of them, but we only sent four pages.

20 Q I would suggest these went through multiple

21 Xerox machines -- or fax machines, that's what is going on.

22 We are looking at numbers at the top and at the bottom are

23 different, so the series at the bottom at least are

24 consistent, the bottom of the pages, which have double

25 zeros in front of the page numbers, are 8 and 9 for one

1 set, and 7 and -- well, this one is missing, didn't quite

2 come out in the Xerox.

3 A I'm sure that's 6, because this is 5, this fax

4 transmittal, so 5, 6, 7, 8, 9.

5 Q The cover letter to Donna Stinson that I

6 described before looks like it's the same line up and it's

7 the same February 17th mailing.

8 A That's '94.

9 MR. PERKO: If I could interject, I had Mr. Cole

10 fax it to me.

11 MR. FITZGERALD: They have been faxed back and

12 forth, so those numbers don't help us keep the order

13 very much.

14 A What was sent to Mr. Green was this fax

15 transmittal and these pages numbered 6, 7, 8 and 9.

16 BY MR. FITZGERALD:

17 Q Let's take the two sets of documents that are in

18 Exhibit 1 for today in pairs. One of them depicts

19 townships and ranges on it, or at least townships, and has

20 a parcel crosshatched and labeled internally as number 10,

21 what's that, and it refers you to Exhibit A?

22 A Then Exhibit A follows that and is a blowup of

23 that area.

24 Q What were you examining with respect to that

25 parcel?

1 A How that parcel related to the Hillsboro Canal.

2 Q Did you determine what the appropriate boundary

3 of the refuge parcel 10 would be along the Hillsboro Canal?

4 A No. I just was illustrating what was depicted

5 on this. I guess this was from the Water Management

6 District, I'm not certain, and on this graphic it showed

7 the boundary beyond the limit of the Hillsboro Canal there.

8 Q Did you ever have occasion to discuss this

9 depiction of the Hillsboro Canal boundary with anybody

10 other than counsel?

11 A No, sir.

12 Q Looking at the second two documents, the first

13 one, for want of a better label, says Tallahassee Meridian

14 on it and it's just a partial page Xerox. It refers you to

15 Exhibit B and that's the intersection you were discussing

16 earlier of the Hillsboro Canal and the Broward Canal?

17 A That's correct.

18 Q And Exhibit B, where is north on that?

19 A Good question. It would be, I'm pretty sure,

20 like this (indicating), so the letters are oriented to the

21 north.

22 Q The approximate boundary of the westerly water's

23 edge in the L-36 Borrow Canal labeled on Exhibit B as you

24 have got it, hand lettered on here, what was the purpose of

25 inserting that?

1 A I didn't insert that, that came -- that was some

2 documents I had received from the Water Management

3 District.

4 Q So these two documents you didn't produce?

5 A I didn't produce any of these, no, sir. I'm

6 just providing him copies of documents that we had in our

7 possession, that we discussed in my last deposition. No,

8 none of these were -- I didn't produce any of these.

9 Q Were you ever asked to conduct any further

10 analysis or form any opinions for the purposes of being

11 prepared to testify about the extent of the boundaries of

12 the Loxahatchee or the Water Conservation Area 1?

13 A No, sir.

14 MR. PERKO: Object to form.

15 BY MR. FITZGERALD:

16 Q You have brought with you today what looks like

17 an auto CAD printout or depiction, charting, graphing, of

18 what appears to be the Loxahatchee Wildlife Refuge, what

19 have we here?

20 A This is a document we discussed earlier that we

21 did approximately January of '93 and it was sort of

22 superimposing the information provided by the Fish and

23 Wildlife Service with that provided by the Water Management

24 District.

25 Q Did you find any discrepancies between the two

1 sets of data regarding the boundaries of Loxahatchee or the

2 Water Conservation Area where they were not in agreement?

3 A As I recall, there were some areas that were

4 included in the Fish and Wildlife descriptions that were

5 not included in the conservation area provided by the Water

6 Management District.

7 Q So there were areas then where, based on what

8 you reviewed, Loxahatchee -- it's going to be hard to ask

9 this one.

10 Did you find anything in the two sets of data

11 where the Fish and Wildlife Service was asserting that they

12 had a leasehold interest in a portion of what they

13 identified as the refuge, where there was not an equivalent

14 recognition by the Water Management District of that grant?

15 A There was some areas and like I said, I haven't

16 done -- this was very preliminary, I haven't done any

17 thorough research, I don't know whether it's a leasehold or

18 a fee interest. There were some areas that were identified

19 by the Fish and Wildlife Service that were not included in

20 the area identified by the Water Management District, yes,

21 sir. It may be that the descriptions were not provided me,

22 I have not done any follow up research on that.

23 Q Do you remember where in the geographic area of

24 the Water Conservation Area that occurred?

25 A I think basically as illustrated here, both on

1 the east and west side, sort of the middle latitude of the

2 area and east and west sides.

3 Q When you are pointing at the sketch of land

4 description, you are talking about the parcel number 10?

5 A Yes, sir, that's one of them.

6 Q And which of the two entities, the District or

7 the Fish and Wildlife, asserted that was part of the

8 Wildlife Refuge?

9 A To the best of my recollection, the Fish and

10 Wildlife Service, but it was not included, as best I can

11 recall, on the Water Management District document.

12 Q Were you aware that that piece of property, as

13 you have it approximately plotted here, is a federal

14 leasehold interest that was never under the jurisdiction of

15 the Water Management District?

16 A No. I'm not surprised, because that's what my

17 findings would suggest, that it's a possibility that

18 existed.

19 Q Now, you have got another parcel labeled on the

20 eastern side number 4-B?

21 A That's correct.

22 Q What is the status of that piece?

23 A All these parcels out here, including 4-B,

24 there's others identified as number 3, 4-C and 7, all of

25 them have the same status as number 10 on the west side.

1 Q So the Water Management District did not

2 identify those as part of their Water Conservation Area 1?

3 A That's correct.

4 Q With regard to the perimeter boundary of the

5 entire refuge, did you find any discrepancies regarding

6 assertions of limits between the Water Conservation Area

7 and the Wildlife Refuge, between the two public agencies

8 regarding what the boundary was on the canals and levees

9 that form the perimeter of Loxahatchee?

10 MR. PERKO: Object to form.

11 A It was somewhat difficult to address precisely,

12 but generally they seemed to coincide, with possible

13 differences, but I think the differences were probably

14 caused by the nature of the documents I received. They

15 were sort of two different ones, one was a graphic type

16 thing and one was a meets and bounds type, but generally

17 they appeared to track the same intended boundary.

18 BY MR. FITZGERALD:

19 Q Did they both tend to identify the center line

20 of the levee as roughly accepting the area of structures

21 and what not?

22 A I can't recall precisely. Some portion of the

23 levee, but I can't say for sure, it's been a good while.

24 MR. FITZGERALD: Is this sketch of land

25 description for me?

1 MR. PERKO: I'll have to get you a copy of it,

2 Tom.

3 MR. FITZGERALD: If you have no objection, what

4 I would like to do is insert in the record here this

5 as Exhibit 2 for today, subject to your providing me a

6 copy?

7 MR. PERKO: No objection.

8 MR. FITZGERALD: Otherwise no one will ever know

9 where these pieces of property are.

10 (Cole Exhibit 2 designated for identification.)

11 BY MR. FITZGERALD:

12 Q You described back in December that you were

13 awaiting the receipt of certain photo imagery materials

14 from Dr. Tom Herbert to conduct some analysis with respect

15 to this matter, did you ever receive that photogametry?

16 A Photography, I received, yes, sir.

17 Q So you didn't convert it into photogametry?

18 A In preparing this plot that we just discussed,

19 did you label that Exhibit 2?

20 Q Yes.

21 A I took some of the photographs, I can't recall

22 whether they were negatives or I had to produce negatives,

23 and prepared enlargements just to interpret to see how the

24 canal and the levee fell in relation to other features, but

25 it was just as a tool for starting to prepare that

1 preliminary plat that you just saw.

2 Q When you did that, did you have to rectify the

3 photos?

4 A I didn't attempt to rectify it, per se, I used

5 the flight height to come up with just a ratio enlargement.

6 Q So you were using that essentially just as a

7 cross check on the other work?

8 A Yes.

9 Q Or to help you visualize it?

10 A That's correct.

11 Q So you weren't taking measurements from the

12 photo?

13 A No, sir, per se.

14 Q What work have you done with Dr. Herbert or with

15 the data he has provided you since December of 1992?

16 MR. PERKO: Object to form.

17 A Basically the work I have just described was

18 done with that data.

19 BY MR. FITZGERALD:

20 Q Other than producing a mosaic or something like

21 that of Loxahatchee or WCA-1 to assist you in the plotting

22 work in Exhibit 2, did you do anything else with the photo

23 imagery provided you by Dr. Herbert?

24 A No, I have not.

25 Q Have you returned the materials to him that he

1 had sent you?

2 A Yes, sir.

3 Q You described that you anticipated anyway back

4 in December of '92, that you were going to rectify the

5 photo runs from various years and then do some processing

6 of the photos. Why did that not occur?

7 A I don't know. To date I haven't been asked to

8 do anything further than prepare the preliminary plat and

9 sent it for review and comment and nothing further has been

10 requested by me.

11 Q What do you mean by preliminary plat?

12 A The plat we just viewed as Exhibit 2, I believe

13 you had it marked.

14 Q Other than the focus on the limited area of

15 Loxahatchee/WCA-1, did you prepare any preliminary plats

16 for any other Water Conservation Area?

17 A No.

18 Q What computer software program did you use to

19 produce the plat?

20 A Auto CAD.

21 Q In the intervening time since the December

22 deposition, have you reviewed or read any portions of the

23 SWIM plan?

24 A No, I have not.

25 Q Were you given any explanation as to why the

1 work you anticipated and described for me back in December

2 was not going to be done?

3 A No.

4 Q Did you ever discuss that with Dr. Herbert?

5 A No.

6 Q As I recall, Dr. Herbert is the one who brought

7 you into sort of working on this matter?

8 A Yes.

9 Q Is that correct?

10 A Um-hum.

11 Q Have you reviewed anyone else's work in

12 connection with producing the materials you did for this

13 matter --

14 A No, I haven't.

15 Q -- other than Dr. Herbert?

16 A I have not.

17 Q Did the nature of the work that you conducted,

18 at least with respect to Loxahatchee, suffice to allow you

19 to form any expert opinions relevant to those areas we

20 discussed in December wherein you had been designated as an

21 expert in this matter?

22 MR. PERKO: Object to form.

23 A Could you repeat the question?

24 BY MR. FITZGERALD:

25 Q I guess what I'm asking is did your work get to

1 the point of finality that you would have final opinions on

2 the boundaries of Loxahatchee or the Water Conservation

3 Area?

4 A No.

5 Q Have you formed any other expert opinions within

6 the areas of expertise designated for you in this matter?

7 You may recall we went through those back in December.

8 A No, I haven't.

9 MR. PERKO: Object to form.

10 BY MR. FITZGERALD:

11 Q What is your current understanding of your

12 possible role or testimony in the matter at this point?

13 A I would assume that keeping with how I have been

14 used to date, I just have been used as a resource person.

15 I would not anticipate testifying, especially in light of

16 my change of position and would not willingly testify

17 against where another state agency is involved, I think

18 that might jeopardize my future position with the state.

19 Q I can't help but notice that you brought

20 something else, what have we here?

21 A Those are a few photograph enlargements referred

22 to in the letter to Donna Stinson, that accompanied Exhibit

23 2. They were just some photos I produced as tools to see

24 how the different areas related.

25 Q Is that the negative (indicating)?

1 A No, that's a positive on mylar.

2 Q Do these indicate what photo runs they were

3 taken from?

4 A No. Just certain segments of each photograph I

5 used --

6 Q (Indicating.)

7 A Okay, I may have put it on the back, thank you.

8 Okay, they do, I was more systematic than I thought I was.

9 Q So of the two prints, one from Florida DOT is

10 from a run almost three years ago today, February 12, '91,

11 and the second one is from a USDA run in May of 1940?

12 A Right.

13 Q These don't appear to depict the same portion or

14 at least there seems to be additional structures and

15 anthropogenic effects in the 1991 photo. Were these

16 intended to depict the same geographic area?

17 MR. PERKO: Object to form.

18 A I'm trying to recall. My recollection is that

19 they indeed did, but like I said, it has been a good while

20 and I can't say with any certainty, but I did not look into

21 this in preparation for this deposition. I should have,

22 but I apologize, I did not, so I'm not certain, but as I

23 recall, they were of the same area.

24 BY MR. FITZGERALD:

25 Q Is there any way to tell that from the

1 information on the back of the photos?

2 A Not from just this information alone, you would

3 have to look at an index or look at the entire negative or

4 positive from which these were produced.

5 Q Have you provided these photos to anyone else?

6 A No.

7 Q Then the mylar sheet, is that merely an

8 enlargement of the '91 DOT photo?

9 A Yes, it appears to be an enlargement of the DOT

10 '91 photograph.

11 Q And what was the purpose of producing the mylar

12 version?

13 A As I recall, the description called for either

14 the center, as you suggested earlier, or some aspect of the

15 levee or canal, and I just produced this at a fairly large

16 scale that I could put on a light table to get an idea of

17 how the centers of those various canals related to each

18 other.

19 Q And this is depicting the intersection of the

20 Hillsboro and Broward?

21 MR. PERKO: Object to form.

22 BY MR. FITZGERALD:

23 Q Is this depicting the intersection of Hillsboro

24 and Broward as shown on Exhibit 1 from today?

25 A I believe that it is.

1 MR. FITZGERALD: Can we get copies of these?

2 MR. PERKO: Yes.

3 MR. FITZGERALD: What we will do then, if it's

4 agreeable to you, as we did with Exhibit 2, is we

5 would make the Florida DOT photo which is labeled on

6 the back 2/12/91 and has an identifier PD3990-1-03 as

7 Exhibit 3. The second print, the USDA Soil

8 Conservation Service, SCS, CJF1446, with a date of

9 5/3/40 as the next exhibit, which would be Number 4.

10 The mylar sheet, which has no identifying data --

11 THE WITNESS: It would be the same as that.

12 MR. FITZGERALD: -- as Exhibit 5.

13 THE WITNESS: Off the record, this should be

14 blue lined would be the only way to copy that. Those

15 others might be suitably photocopied.

16 MR. FITZGERALD: Off the record.

17 (Discussion off the record.)

18 (Cole Exhibits 3, 4 and 5 designated for

19 identification.)

20 BY MR. FITZGERALD:

21 Q Other than these few documents, have you

22 produced any other written proposals of work during the

23 period December '92 through now related to this matter, or

24 any other documentation?

25 A The only additional one, I think I alluded to

1 it, was I discussed with, I believe an administrative

2 assistant in the Hopping, Boyd firm, another possible --

3 some other possible work that might be related to this

4 project.

5 Q Were you authorized to go ahead and conduct that

6 analysis?

7 A Never heard anymore on that, no, sir.

8 Q How long ago was that?

9 A Two or three months.

10 MR. FITZGERALD: I don't have anything further,

11 since it doesn't look like you are going to be

12 testifying, I don't need to be labor it too much.

13 Thank you very much.

14 MR. PERKO: Mr. Cole, you have the right to

15 read your deposition and make sure that there's no

16 errors in transcription or you can simply choose to

17 waive that right?

18 THE WITNESS: I prefer to read.

19 (Deposition concluded at 10:25 a.m.)

20 * * * * *

1 CERTIFICATE OF ADMINISTERING OATH

3 STATE OF FLORIDA:

4 COUNTY OF LEON:

6 I, TERRY WILHELMI, Certified Shorthand Reporter

7 and Notary Public in and for the State of Florida at Large:

8 DO HEREBY CERTIFY that on the date and place

9 indicated on the title page of this transcript, an oath was

10 duly administered by me to the designated witness (s)

11 before testimony was taken.

12 DATED THIS _______ day of _______, 1994.

15 _____________________________

TERRY WILHELMI, CSR

16 100 Salem Court

Tallahassee, Florida 32301

17 (904) 878-2221

20 My Commission Expires: June 13, 1994

1 CERTIFICATE OF REPORTER

3 STATE OF FLORIDA:

4 COUNTY OF LEON:

6 I, TERRY WILHELMI, Certified Shorthand Reporter,

7 do hereby certify that the foregoing proceedings were taken

8 before me at the time and place therein designated; that my

9 shorthand notes were thereafter translated under my

10 supervision; and the foregoing pages numbered _______

11 through _______ are a true and correct record of the

12 aforesaid proceedings.

13 I FURTHER CERTIFY that I am not a relative,

14 employee, attorney or counsel of any of the parties, nor

15 relative or employee of such attorney or counsel, or

16 financially interested in the foregoing action.

17 DATED THIS _______ day of _______, 1994.

20 ________________________

TERRY WILHELMI, CSR

21 100 Salem Court

Tallahassee, Florida 32301

22 (904) 878-2221

24 SWORN TO AND SUBSCRIBED TO BEFORE ME, THIS_______DAY OF

__________,1994, IN THE CITY OF TALLAHASSEE, COUNTY OF LEON