STATE OF FLORIDA
DIVISION OF ADMINISTRATIVE HEARINGS
SUGAR CANE GROWERS COOPERATIVE OF )
FLORIDA, a Florida Agricultural )
Cooperative Marketing Association, ) CASE NOS. 92-3038
ROTH FARMS, INC., and ) 92-3039
WEDGWORTH FARMS, INC., ) 92-3040
)
and )
)
FLORIDA SUGAR CANE LEAGUE, INC.; )
UNITED STATES SUGAR CORPORATION; )
and NEW HOPE SOUTH, INC., )
) ____________________
and )
FLORIDA FRUIT AND VEGETABLE ) DEPOSITION
ASSOCIATION, LEWIS POPE FARMS, )
W.E. SCHLECHTER & SONS, INC., and ) OF
HUNDLEY FARMS, INC., )
) CHRISTOPHER B. CRAFT
Petitioners, ) ____________________
)
vs. )
)
SOUTH FLORIDA WATER MANAGEMENT )
DISTRICT, an Agency of the State )
of Florida, )
)
Respondent, )
)
and )
)
MICCOSUKEE TRIBE OF INDIANS OF )
FLORIDA, the UNITED STATES OF )
AMERICA, and FLORIDA DEPARTMENT OF )
ENVIRONMENTAL REGULATION, and the )
FLORIDA WILDLIFE FEDERATION, )
)
Intervenors. )
___________________________________)
AT DURHAM, NORTH CAROLINA
NOVEMBER 11, 1992 - 9:00 A.M.
REPORTED BY: PAMELA S. LILES
CAROLYN Y. HALL & ASSOCIATES
DR. CRAFT PAGE A
APPEARANCES:
FOR THE PETITIONERS:
MR. RICK BURGESS
PEEPLES, EARL & BLANK
215 SO. MONROE STREET
SUITE 350
TALLAHASSEE, FLORIDA 32301
TELEPHONE: (904) 681-1900
FOR THE
RESPONDENT-INTERVENOR:
MS. SUZAN HILL PONZOLI MR. LEE M. KILLINGER
ASSISTANT U.S. ATTORNEY ASSISTANT GENERAL COUNSEL
SOUTHERN DISTRICT OF FLORIDA STATE OF FLORIDA
155 SOUTH MIAMI AVENUE DEPARTMENT OF ENVIRONMENTAL
SUITE 627 REGULATION
MIAMI, FLORIDA 33130 TWIN TOWERS OFFICE BUILDING
2600 BLAIR STONE ROAD
TELEPHONE: (305) 536-4425 TALLAHASSEE, FLORIDA 32399
TELEPHONE: (904) 488-9730
FOR DUKE UNIVERSITY:
MR. RALPH L. McCAUGHAN
KING, WALKER, LAMBE & CRABTREE
SUITE 100, 3708 MAYFAIR STREET
POST OFFICE BOX 51549
DURHAM, NORTH CAROLINA 27717-1549
TELEPHONE: (919) 493-8411
ALSO PRESENT:
MR. RONALD D. JONES, Ph.D.
FLORIDA INTERNATIONAL UNIVERSITY
MR. JIM GRIMSHAW, Ph.D.
SOUTH FLORIDA WATER
MANAGEMENT DISTRICT
MR. SAM ELSSWICK, PARALEGAL
MR. ROBERT KADLEC
DR. CRAFT PAGE B
T A B L E O F C O N T E N T S
E X A M I N A T I O N I N D E X
DEPONENT - CHRISTOPHER BRUCE CRAFT - 11/11/92
EXAMINATION BY: PAGES
MS. PONZOLI 2-104
-------------------------------------------------------
E X H I B I T S I N D E X
NUMBER DESCRIPTION MARKED
EXH. #1 SUBPOENA DUCES TECUM - DR. CRAFT 6
EXH. #2 RESUME OF DR. CRAFT 7
EXH. #3 GREEN FOLDER MARKED "N&P DATA" LOOKING 8
AT PEAT ACCRETION AND NUTRIENT
ACCUMULATION IN AREAS 2A, 3, 3A AND 2B
EXH. #4 DATA COLLECTED FROM 2A AND 3A 9
SPECIFICALLY CATIONS AND METALS MEASURED
EXH. #5 MANUSCRIPT THAT HAS BEEN ACCEPTED BY 16
ECOLOGICAL APPLICATIONS ON PEAT ACCRETION
AND NUTRIENT ACCUMULATION IN THE NORTHERN
AND CENTRAL EVERGLADES
EXH. #6 DATA USED IN THE MANUSCRIPT 21
EXH. #7 FIGURES THAT GO IN THE MANUSCRIPT 21
EXH. #8 LATITUDE AND LONGITUDE COORDINATES 22-23
FOR VARIOUS SOIL CORES
EXH. #9 PRELIMINARY CORES COLLECTED SOUTH OF 25
THE HILLSBORO CANAL
DR. CRAFT PAGE C
E X H I B I T S I N D E X
NUMBER DESCRIPTION MARKED
EXH. #10 VEGETATION SPECIES COMPOSITION ALONG 26
A GRADIENT THROUGH ENRICHED AREA TO
THE UNENRICHED AREA DONE MAY OF '92
EXH. #11 (SAME AS EXHIBIT #10) 26
EXH. #12 GRADIENT DATA - CORES COLLECTED IN 28
CONSERVATION AREA 2A BY DR. CRAFT
AND LORI SUTTER
EXH. #13 GRAPHS OF CESIUM DATA FROM 1990 CORES 28
ON THE GRADIENT
EXH. #14 FILES RELATING TO PHOSPHORUS ACCUMULATION 29
DATA ON GRADIENT TO PHOSPHORUS CONCEN-
TRATIONS IN SURFACE WATER
EXH. #15 MORE GRADIENT CORES COLLECTED BY 30
DR. CRAFT AND LORI SUTTER - TAKEN 44
3/4 OF KILOMETER BELOW HILLSBORO CANAL
AND PARALLEL TO THE GATES
DISKETTE FILE OF DR. CRAFT
SAS DATA SETS/PROGRAMS RELATING TO THE
FERTILIZER STUDY
EXH. #36 BIOMASS DATA, WATER LEVEL DATA, pH 32-33
OXYGEN CONDUCTIVITY DATA
EXH. #37 PART OF DATA SET NUMBER IN THIRTY-SIX 33
EXH. #38 FERTILIZER BIOMASS DATA 33
EXH. #39 WATER CHEMISTRY DATA, PHOSPHATE, 33
AMMONIUM, NITRATE
EXH. #40 SAME AS EXHIBIT #39 33
EXH. #41 INTERMEDIATE WATER CHEMISTRY DATA 34
EXH. #42 DR. CRAFT THINKS THIS IS INTERMEDIATE 34
DATA ON PHOSPHATE, AMMONIUM AND NITRATE
EXH. #42A CALLED "EVERGLADES." 1990 DATA 36
DR. CRAFT PAGE D
E X H I B I T S I N D E X
NUMBER DESCRIPTION MARKED
EXH. #43 EVERGLADES 2. SOME OF '90 DATA 35
COLLECTED ON THE GRADIENT
EXH. #44 CATIONS. BASE CATIONS AND METAL DATA 37
'89 AND '90 DATA
EXH. #45 GRADIENT WITH DATA FROM THREE TRANSECTS 37
AND CESIUM GRAPHS - '91 DATA
EXH. #46 REPEATED CORES ON THE GRADIENT IN '91 37
EXH. #47 DISK USED IN ANNUAL REPORT RELATING 38
TO GRADIENT STUDY
EXH. #48 FERTILIZER DIVISION - PROPOSAL 38
EXH. #49 FERTILIZER - ANNUAL REPORT 38
EXH. #50 FERTILIZER STUDY - FIRST YEAR'S 38
BIOMASS DATA
EXH. #51 INITIAL WATER CHEMISTRY DATA 38
EXH. #52 WATER DATA FROM MIXED SITE 39
EXH. #53 SAYS "FERT DATA" 39
EXH. #54 WATER CHEMISTRY DATA FROM 39
FROM FERTILIZER STUDY
EXH. #55 INTERMEDIATE DRAFT OF CONTRIBUTION 39
TO 1991 ANNUAL REPORT
EXH. #56 GRAPHS THAT GO WITH 1991 ANNUAL REPORT 40
EXH. #57 GRAPHS THAT GO WITH 1991 ANNUAL REPORT 40
EXH. #58 INTERMEDIATE DRAFT OF ANNUAL REPORT 40
FOR 1990 (ROUGH DRAFT)
EXH. #59 SEMINARS - SLIDES OF TALKS GIVEN 41
BY DR. CRAFT
DR. CRAFT PAGE E
E X H I B I T S I N D E X
NUMBER DESCRIPTION MARKED
EXH. #60 SEMINARS TWO. SLIDES FROM SEMINARS 41
EXH. #61 SEMINARS THREE. SLIDES FROM SEMINARS 41
EXH. #62 SWS - SLIDES FOR SOCIETY OF 42
WETLANDS SCIENTISTS
EXH. #63 DELTA GRAPH - SOFTWARE PACKAGE USED 42
TO MAKE GRAPHS
EXH. #64 "FERT MANUSCRIPT" DRAFT SIMILAR TO 42
CHAPTER 7
EXH. #65 GRADIENT MANUSCRIPT 42
EXH. #66 GRADIENT MANUSCRIPT TWO 43
EXH. #67 "N AND P" - MANUSCRIPT THAT'S BEEN 43
ACCEPTED BY ECOLOGICAL APPLICATIONS
EXH. #68 SUPPORTING GRAPHS AND TABLES THAT GO 43
WITH THE MANUSCRIPT
"GRADIENT" FOLDER
EXH. #16 MANUSCRIPT FOR THE GRADIENT (REVISED) 47
EXH. #17 SUPPORTING INFORMATION TO CALCULATE 47
AREA OF ENHANCED PHOSPHOROUS ACCUMULATION
IN CONSERVATION AREA 2A
EXH. #18 DATA AND STATISTICS TO SUPPORT 48
MANUSCRIPT ON THE GRADIENT
EXH. #19 RAW DATA FROM GRADIENT USED IN MANUSCRIPT 48
EXH. #20 FIGURES THAT GO WITH GRADIENT PAPER 48
"FIELD FERTILIZATION" FOLDER
EXH. #21 PROPOSAL BEFORE WORK WAS DONE 48
EXH. #22 ADDENDUM TO PROPOSAL WRITTEN BY VYMAZAL 48
DR. CRAFT PAGE F
E X H I B I T S I N D E X
NUMBER DESCRIPTION MARKED
EXH. #23 BROMIDE TRACER DATA TO DETERMINE 48-49
RETENTION TIME OF THE FERTILIZER
"FERTILIZER DATA" FOLDER
EXH. #24 FERTILIZER BIOMASS DATA AND STATISTICS 49
EXH. #25 FERTILIZER STUDY AND COMPUTER OUTPUT 49
"FERTILIZER MS" FOLDER
EXH. #26 DRAFT OF THE MANUSCRIPT 50
EXH. #27 ASSOCIATED FIGURES AND BLACK & WHITE 50
PHOTOGRAPHS
"GREENHOUSE FOLDER"
EXH. #28 SAWGRASS AND PHOSPHOROUS EXPERIMENT 51
UNDERTAKEN BY LORI SUTTER - PROPOSAL
EXH. #29 SAWGRASS CATTAIL COMPETITION STUDY 51
"MANUSCRIPTS" FOLDER
EXH. #30 MANUSCRIPT WRITTEN BY DR. RICHARDSON 54
AND DR. CRAFT - PRESS, 1992
EXH. #31 MONTHLY & QUARTERLY REPORTS FOR PROJECT 55
"SFWMD" FOLDER
EXH. #32 DISTRICT EXPERIMENTS 56
EXH. #33 LITIGATION FOLDER 57
EXH. #34 AGRICULTURAL BEST MANAGEMENT PRACTICES 57
EXH. #35 PROPOSAL TO STUDY MERCURY 58
NOTESBOOKS AND SLIDES
"EVERGLADES, CATIONS (TOTAL)"
EXH. #69 HOW YOU CALIBRATE ATOMIC ABSORPTION UNIT 59
AND PARAMETERS REQUIRED FOR MEASURING
DIFFERENT ELEMENTS
EXH. #70 IRON AND MANGANESE DATA, '89-'90 CORES 59
DR. CRAFT PAGE G
E X H I B I T S I N D E X
NUMBER DESCRIPTION MARKED
EXH. #71 DATA FOR BASE CATIONS AND ALUMINUM 60
EXH. #72 CATION DATA FROM PRELIMINARY CORES 60
EXH. #73 CATION DATA, SODIUM AND CALCIUM 60
"EVERGLADES C&N" NOTEBOOK
EXH. #74 RUNS OF INTERNAL STANDARDS TO 61
CALIBRATE INSTRUMENT
EXH. #75 TOTAL CARBON AND NITROGEN DATA 61
EXH. #76 ORGANIC C, SAMPLES OF MEASURABLE 62
CARBONATES
"EVERGLADES P" NOTEBOOK
EXH. #77 RACK OF SAMPLES, SHEET TELLING HOW 63
WEIGHED OUT (PHOSPHORUS)
EXH. #78 RESULTS OF REPLICATE SAMPLES 65
AND INTERNAL LAB STANDARDS
EXH. #79 OVEN-DRIED WEIGHTS 66
EXH. #80 TOTAL PE CONCENTRATION IN SOILS 66
EXH. #81 ORGANIC PHOSPHORUS SAMPLES 66
EXH. #82 CALCIUM PHOSPHATE FRACTION SAMPLE 66
"FERTILIZER-SOILS VEGETATION, WATER LEVELS"
EXH. #83 DATES RE: APPLYING FERTILIZER 67
EXH. #84 PRETREATMENT DATA FOR SAWGRASS SITE 68
EXH. #85 PRETREATMENT BIOMASS DATA-MIXED SITE 68
EXH. #86 PRETREATMENT BIOMASS DATA-SLOUGH SITE 68
EXH. #87 PRETREATMENT DATA CARBON & NITROGEN 69
CONTENT OF PLANT SAMPLES COLLECTED
DR. CRAFT PAGE H
E X H I B I T S I N D E X
NUMBER DESCRIPTION MARKED
EXH. #88 SOILS-HOW PLOTS ARE LAID OUT, AND 69
SOIL DEPTHS TO BEDROCK, ETC.
EXH. #89 WATER LEVEL DATA FROM ALL THREE SITES 70
"FERTILIZER, WATER CHEMISTRY, AND FIGURES"
EXH. #90 WATER CHEMISTRY DATA 71
EXH. #91 FIGURES PRETREATMENT STANDING CROP 72
BIOMASS, STEM COUNTS
"FERTILIZER DRY WEIGHT N,P"
EXH. #92 SUMMARY OF RESULTS OF ANALYSIS OF 72
VARIANTS FROM FIRST YEAR OF BIOMASS DATA
EXH. #93 FIRST YEAR OF DRY WEIGHT DATA 72
EXH. #94 CONTINUATION OF SAME DATA, DRY WEIGHT 72
EXH. #95 PHOSPHORUS CONCENTRATION IN PLANT TISSUE 73
EXH. #96 RAW DATA SETS AS UPDATED 73
"FERTILIZER STUDY 1992"
(CONTAINS CRAFT EXHIBITS #97 - #101)
EXH. #101 DOCUMENT IN FRONT POCKET OF NOTEBOOK 74
CHECK SHEET OF WEIGHTS OF SAMPLES
EXH. #97 WATER SAMPLES AFTER FERTILIZER APPLIED 74-75
EXH. #98 SOILS DATA FROM 1992 75
EXH. #99 1992 BIOMASS DATA AND DRY WEIGHT DATA 75
EXH. #100 PRELIMINARY BELOW GROUND BIOMASS DATA 75
"PLANT TISSUE" NOTEBOOK
EXH. #102 NITROGEN PHOSPHORUS CONTENT OF VEGETATION 76
EXH. #103 FIGURES GRAPHING DATA IN EXHIBIT #102 77
DR. CRAFT PAGE I
E X H I B I T S I N D E X
NUMBER DESCRIPTION MARKED
"EVERGLADES CESIUM" NOTEBOOK
EXH. #104 RAW COUNT DATA FOR CESIUM 79
EXH. #105 INTERMEDIATE DATA DERIVED FROM #104 79
"CESIUM COUNTING" NOTEBOOK
EXH. #106 DATE ON INCREMENT WEIGHTS (GOES 80
WITH PREVIOUS NOTEBOOK)
"Pb 210" NOTEBOOK
EXH. #107 SUMMARY OF PROTOCOLS FOR WORKING WITH 81
RADIOACTIVITY IN THE LAB
EXH. #108 LEAD 210 DATA 81
EXH. #109 ANOTHER WAY TO COUNT LEAD 210 BY 81
DIRECT GAMMA COUNTING
EXH. #110 INVOICES FOR THINGS BOUGHT RELATING 81
TO DOING LEAD 210 WORK
EXH. #111 INFORMATION ON HOW TO DO POLLEN ANALYSIS 81
NOTEBOOK OF SLIDES
(GROUPED BY TALK GIVEN BY DR. CRAFT)
EXH. #112 PEAT ACCRETION NUTRIENT ACCUMULATION TALK 84
EXH. #113 ORGANIC AND INORGANIC CARBON ACCUMULATION 85
EXH. #114 EFFECTS OF AGRICULTURAL RUNOFF ON NUTRIENT 85
ACCUMULATION IN THE EVERGLADES
EXH. #115 WATER QUALITY IN THE EVERGLADES 85
EXH. #116 HISTORICAL AND RECENT RATES OF PEAT 86
ACCRETION IN THE EVERGLADES
EXH. #117 EFFECTS OF AGRICULTURAL DRAINAGE ON 87
PEAT ACCRETION NUTRIENT ACCUMULATION
EXH. #118 FEW SLIDES ON SPECIES COMPOSITION ON 87
THE GRADIENT AND TISSUE N AND P
COMPOSITION
DR. CRAFT PAGE J
E X H I B I T S I N D E X
NUMBER DESCRIPTION MARKED
EXH. #119 EFFECTS OF NITROGEN AND PHOSPHORUS 87
ADDITIONS ON PLANT COMMUNITIES -
PRELIMINARY DATA FROM FERTILIZER STUDY,
PRETREATMENT DATA
EXH. #120 EFFECT OF N AND P ON THE EVERGLADES PLANT 88
COMMUNITIES, SWS 1992 MEETING
EXH. #121 SAS OUTPUT WATER LEVELS IN FERTILIZER 89
PLOTS FOR 1990 - 1992
EXH. #122 SAS RESULTS ON pH OXYGEN AND CONDUCTIVITY 89
FROM THE FERTILIZER PLOTS
EXH. #123 COMPUTER OUTPUT FOR THE NITROGEN AND 89
PHOSPHORUS CONTENT OF PLANT TISSUE IN
THE FERTILIZER STUDY.
EXH. #124 SURFACE AND PORE WATER, AMMONIUM, NITRATE 90
PHOSPHATE DATA FROM THE FERTILIZER STUDY
EXH. #125 STATISTICAL ANALYSES OF BIOMASS DATA FROM 90
THE FIRST YEAR OF THE STUDY
EXH. #126 DR. CRAFT NOT SURE WHAT THIS IS. LOOKS 91
LIKE A PAPER OF JAN VYMAZAL, OR SOMETHING.
-------------------------------------------------------
SIGNATURE PAGE FOR DEPONENT 104
CERTIFICATION OF COURT REPORTER 105
STIPULATIONS
IT IS HEREBY STIPULATED AND AGREED BETWEEN THE
PARTIES TO THIS ACTION, THROUGH THEIR RESPECTIVE
COUNSEL OF RECORD:
(1) ON MOTION OF COUNSEL FOR THE RESPONDENT-
INTERVENOR, THE DEPOSITION OF DR. CHRISTOPHER BRUCE
CRAFT MAY BE TAKEN BEGINNING AT OR AROUND 9:00 A.M.
ON NOVEMBER 11, 1992, AT THE HILTON HOTEL, DURHAM,
NORTH CAROLINA, BEFORE PAMELA S. LILES, A NOTARY
PUBLIC.
(2) SAID DEPOSITION SHALL BE TAKEN FOR THE
PURPOSE OF DISCOVERY OR FOR USE AS EVIDENCE IN THIS
ACTION, OR FOR BOTH PURPOSES, OR FOR ANY OTHER PURPOSE
PERMITTED BY THE FEDERAL RULES OF CIVIL PROCEDURE.
(3) ANY OBJECTION OF ANY PARTY HERETO AS TO
NOTICE OF THE TAKING OF SAID DEPOSITION OR AS TO THE
TIME OR PLACE THEREOF, OR AS TO THE COMPETENCY OF THE
PERSON BEFORE WHOM THE SAME SHALL BE TAKEN, ARE HEREBY
WAIVED.
(4) THE FEDERAL RULES OF CIVIL PROCEDURE SHALL
CONTROL THE TAKING OF SAID DEPOSITION AND THE USE
THEREOF IN COURT.
(5) OBJECTIONS TO QUESTIONS AND MOTIONS TO STRIKE
ANSWERS NEED NOT BE MADE DURING THE TAKING OF THIS
DEPOSITION, BUT MAY BE MADE FOR THE FIRST TIME DURING
THE PROGRESS OF THE TRIAL OF THIS CASE, OR AT ANY
PRETRIAL HEARING HELD BEFORE ANY FEDERAL COURT JUDGE
FOR THE PURPOSE OF RULING THEREON, OR AT ANY OTHER
HEARING OF SAID CASE AT WHICH SAID DEPOSITION MIGHT BE
USED, EXCEPT THAT AN OBJECTION AS TO THE FORM OF A
QUESTION MUST BE MADE AT THE TIME SUCH QUESTION IS
ASKED OR OBJECTION IS WAIVED AS TO THE FORM OF THE
QUESTION.
(6) THAT THE SIGNATURE OF THE WITNESS TO THE
TRANSCRIPT OF HIS TESTIMONY IS HEREBY REQUIRED.
(7) EXCEPT AS WAIVED BY THESE STIPULATIONS, THE
PROVISIONS OF THE FEDERAL RULES OF CIVIL PROCEDURE
SHALL APPLY TO THE TAKING OF SAID DEPOSITION AND AS TO
ITS SUBMISSION TO THE RESPECTIVE DEPONENT,
CERTIFICATION, AND FILING WITH THE APPROPRIATE NOTICING
ATTORNEY.
- - - - - - - - - - - - - - - - - - - - -
DR. CRAFT PAGE 2
WHEREUPON,
CHRISTOPHER BRUCE CRAFT,
HAVING BEEN FIRST DULY SWORN,
WAS EXAMINED AND TESTIFIED
AS FOLLOWS:
EXAMINATION BY MS. PONZOLI:
Q. SIR, WOULD YOU PLEASE STATE YOUR NAME AND TITLE
FOR THE RECORD, PLEASE.
A. I'M CHRISTOPHER BRUCE CRAFT.
Q. AND I BELIEVE IT'S DR. CRAFT, IS IT NOT?
A. I'M A RESEARCH ASSISTANT PROFESSOR.
Q. IT'S PROFESSOR CRAFT?
A. YOU CAN CALL ME DR. CRAFT, PROFESSOR CRAFT,
MR. CRAFT, I REALLY DON'T---
Q. YOU DO NOT CARE?
A. NO, I DON'T REALLY---
Q. OKAY.
A. ---IT DOESN'T REALLY MATTER TO ME.
Q. OKAY. I'LL CALL YOU DR. CRAFT, IF THAT'S
ACCURATE.
A. OKAY.
Q. DR. CRAFT, WOULD YOU PLEASE STATE YOUR ADDRESS FOR
THE RECORD, PLEASE.
A. THIS IS MY PERSONAL HOME ADDRESS, OR MY---
DR. CRAFT PAGE 3
Q. YOU CAN GIVE YOUR WORK ADDRESS, THAT'S FINE.
A. OKAY. DUKE WETLANDS CENTER, SCHOOL OF THE
ENVIRONMENT, DUKE UNIVERSITY, DURHAM, N.C., 27706.
Q. THERE'S NO PARTICULAR STREET ADDRESS OR BUILDING
FOR -- IS THAT THE SCHOOL OF THE ENVIRONMENT?
A. IF YOU MAIL ME SOMETHING AND PUT THAT ADDRESS, IT
WILL GET TO ME.
Q. AND YOUR PHONE NUMBER, PLEASE, SIR.
A. 919 684-2619.
Q. ALL RIGHT. FOR THE RECORD, DR. CRAFT, I AM SUZAN
HILL PONZOLI. I'M AN ASSISTANT UNITED STATES
ATTORNEY, AND I REPRESENT THE UNITED STATES IN
THIS STATE ADMINISTRATIVE PROCEEDING.
YOU HAVE BEEN SUBPOENAED TO PROVIDE YOUR
RESEARCH RECORDS FOR THE WORK THAT YOU HAVE DONE
WITH THE DUKE WETLANDS CENTER IN CONJUNCTION WITH
DR. RICHARDSON, WHO HAS BEEN LISTED AS AN EXPERT
WITNESS FOR ONE OF THE SIDES IN THIS ACTION.
AND SO, AS I THINK YOU'RE VERY WELL AWARE, WE'VE
ASKED TO SEE YOUR RESEARCH RECORDS AND WE WILL BE
TAKING YOUR DEPOSITION SUBSEQUENTLY ON THE WORK
THAT YOU HAVE DONE IN CONJUNCTION WITH
DR. RICHARDSON.
I'D LIKE TO HAND YOU -- WELL, FIRST OF ALL,
DR. CRAFT PAGE 4
DR. CRAFT, HAVE YOU EVER HAD YOUR DEPOSITION TAKEN
BEFORE?
A. NEVER.
Q. ALL RIGHT. AS I'M SURE COUNSEL HAS TOLD YOU, I
WILL BE ASKING YOU, TODAY, QUESTIONS ABOUT YOUR
DOCUMENTS, SUBSEQUENTLY QUESTIONS ABOUT YOUR
SUBSTANTIVE WORK. IF YOU DO NOT UNDERSTAND MY
QUESTION, IT'S IMPORTANT THAT YOU INDICATE TO ME
THAT YOU DID NOT UNDERSTAND THE QUESTION, BECAUSE
THE WAY THE PROCESS WORKS, ONCE YOU ANSWER, IT IS
ASSUMED THAT YOU DID UNDERSTAND THE QUESTION.
A. OKAY.
Q. SO, I WOULD ASK YOU TO PLEASE INDICATE, AND I
WOULD TRY TO FRAME A BETTER AND MORE APPROPRIATE
QUESTION SO THAT YOU COULD UNDERSTAND.
A. (NODS AFFIRMATIVELY.)
Q. WOULD YOU LIKE US TO HAVE PEOPLE TO INTRODUCE
THEMSELVES ON THE RECORD, OR HAVE YOU MET
EVERYONE?
A. THAT WOULD BE OKAY. THAT WOULD BE FINE. I'D LIKE
TO DO IT AGAIN.
Q. ALL RIGHT. I HAVE WITH ME HERE TODAY TWO DOCTORS,
ALSO WHO ARE TO HELP ME WITH THE RATHER COMPLEX
SCIENCE THAT YOU HAVE BEEN INVOLVED WITH. THERE'S
DR. CRAFT PAGE 5
DR. BOB KADLEC IS WITH ME AND DR. RON JONES.
DR. JIM GRIMSHAW IS HERE ON BEHALF OF THE WATER
MANAGEMENT DISTRICT. AND I'LL LET THE OTHER
COUNSEL INTRODUCE THEMSELVES.
MR. KILLINGER: MY NAME IS LEE
KILLINGER, AND I'M HERE FOR THE FLORIDA
DEPARTMENT OF ENVIRONMENTAL REGULATION.
MR. BURGESS: RICK BURGESS, PEEPLES,
EARL & BLANK, ON BEHALF OF THE FLORIDA SUGAR
CANE LEAGUE, UNITED STATES SUGAR CORPORATION,
AND NEW HOPE SOUTH.
MR. McCAUGHAN: RALPH McCAUGHAN,
FOR DUKE UNIVERSITY ON BEHALF OF THE
WITNESS.
Q. (BY MS. PONZOLI) DR. CRAFT, WE HAVE BEEN MARKING
FOR IDENTIFICATION A NUMBER OF THE RECORDS THAT
YOU PRODUCED IN RESPONSE TO THE SUBPOENA. I WOULD
LIKE, FIRST, TO HAND YOU EXHIBIT -- CRAFT EXHIBIT
NUMBER ONE AND ASK YOU IF YOU'VE SEEN THIS
DOCUMENT BEFORE.
(THEREUPON, WITNESS REVIEWS DOCUMENT.)
A. YES, I'VE SEEN IT.
Q. ALL RIGHT. DO YOU KNOW WHAT IT IS?
A. IT'S A SUBPOENA.
DR. CRAFT PAGE 6
Q. ALL RIGHT. IT IS A SUBPOENA DUCES TECUM FOR
CERTAIN DOCUMENTS. DID ANYONE HELP YOU ASSEMBLE
YOUR DOCUMENTS IN PREPARATION FOR TODAY,
DR. CRAFT?
A. NO. I PULLED THEM OUT OF THE FILE IN PRETTY MUCH
THE ORDER THAT YOU HAVE RECEIVED THEM IN.
Q. ALL RIGHT. THEN LET ME ASK YOU, HAVE YOU READ
THROUGH THE REQUEST FOR THE DOCUMENTS VERY
CAREFULLY?
A. YES, I'VE READ IT A COUPLE OF TIMES.
Q. ALL RIGHT. AND DID YOU READ THROUGH THE
DESCRIPTION OF WHAT THE DOCUMENTS WERE THAT WAS
FAIRLY EXTENSIVE?
A. THE NUMBER SIX HERE, OR JUST EVERYTHING?
Q. NO, IT'S UNDER DEFINITIONS "a" A DOCUMENT
INCLUDED---
A. OKAY.
Q. ---YOU KNOW, PRETTY MUCH ANYTHING THAT YOU'VE EVER
JOTTED ANYTHING DOWN ON, A DISK OR A NOTE PAD IN
REGARD TO YOUR RESEARCH IN THE FLORIDA EVERGLADES
ON BEHALF OF THE DUKE WETLANDS CENTER.
A. YES, I BROUGHT EVERYTHING I HAVE RELATING TO MY
WORK ON THE EVERGLADES.
Q. OKAY. ALL RIGHT. THAT'S REALLY THE BOTTOM LINE
DR. CRAFT PAGE 7
QUESTION. HAVE YOU PRODUCED HERE TODAY---
A. RIGHT.
Q. ---VIRTUALLY EVERYTHING THAT YOU HAVE---
A. UH-HUH (YES).
Q. ---IN REGARD TO THAT RESEARCH?
A. YES.
Q. ALL RIGHT. THEN I'D LIKE TO BEGIN IDENTIFYING
THOSE DOCUMENTS. I'M GOING TO HAND YOU CRAFT
EXHIBIT NUMBER TWO, AND ASK YOU TO PLEASE IDENTIFY
IT.
A. IT'S MY RESUME.
Q. ALL RIGHT. AND IS THAT A CURRENT UP-TO-DATE
RESUME, DR. CRAFT?
A. WITHIN FIVE OR SIX MONTHS---
Q. ALL RIGHT.
A. ---IT'S MY LATEST ONE.
Q. SURE. IS THERE ANYTHING YOU WOULD ADD TO THAT, IF
YOU DID IT LIKE YESTERDAY OR TODAY?
A. I DON'T THINK SO.
Q. ALL RIGHT, THANK YOU.
MS. PONZOLI: I'D LIKE THE RECORD TO
REFLECT THAT WE HAVE A NUMBER OF FOLDERS,
AND THAT THEY'RE SORT OF -- I GUESS THE
GREEN-TYPE THAT HANG WITHIN A FOLDER FILE.
DR. CRAFT PAGE 8
WE'VE ASKED THAT THEY BE DUPLICATED WITH THE
MARKING IDENTIFICATION, THE FIRST BEING THE
N AND P DATA. AND THEN WITHIN EACH
INDIVIDUAL GREEN FOLDER, THERE ARE MANILLA
FOLDERS WITH DEPOSITION EXHIBIT NUMBERS
REFLECTED ON THEM, AND WE WILL BE ASKING
DR. CRAFT TO IDENTIFY FOR US WHAT EACH OF
THESE ARE.
Q. (BY MS. PONZOLI) DR. CRAFT, I'M GOING TO HAND YOU
THE GREEN FOLDER MARKED N AND P DATA WITH THE
FIRST EXHIBIT NUMBER THREE IN IT, AND ASK YOU IF
YOU CAN IDENTIFY, FIRST, WHAT THE N AND P DATA
ARE, AND THEN WHAT DEPOSITION EXHIBIT NUMBER THREE
IS.
A. OKAY. THE N AND P GREEN FOLDER IS THE FIRST WORK
I DID WHEN I STARTED AT DUKE, LOOKING OVERALL AT
PEAT ACCRETION AND NUTRIENT ACCUMULATION IN
CONSERVATION AREAS 2A, 3, 3A AND 2B.
Q. ARE THEY REFLECTED AS TO WHICH CONVERSATION AREA
ON THOSE DOCUMENTS, DR. CRAFT?
A. YES. BUT IT MIGHT TAKE A LITTLE BIT OF
INTERPRETATION BY SOMEBODY OTHER THAN ME.
Q. BY SOMEONE OTHER THAN YOU?
A. NO. BY ME. I'M SORRY.
DR. CRAFT PAGE 9
Q. OKAY. CAN YOU HELP US, BECAUSE WE WILL BE WORKING
WITH YOUR DATA, HOW WE WILL KNOW AS WE WORK OUR
WAY THROUGH THAT DATA WHETHER WE ARE LOOKING AT 2A
DATA, 3A DATA, OR 2B.
A. OKAY. THE ONES THAT SAY 10A AT THE TOP ARE IN
CONSERVATION 2A SOUTH OF THE S-10 STRUCTURES. THE
ONES THAT SAY WCA-2B ARE FROM 2B. THE REMAINING
ONES ARE ALL FROM 3A.
Q. ALL RIGHT. IS THAT THE SUM TOTAL OF CRAFT EXHIBIT
NUMBER THREE?
A. UH-HUH (YES).
Q. ALL RIGHT. YOU HAVE IN FRONT OF YOU, I BELIEVE,
CRAFT EXHIBIT NUMBER FOUR, ALSO. CAN YOU IDENTIFY
THAT COMPOSITE EXHIBIT?
A. OKAY. THIS IS DATA COLLECTED, AGAIN, FROM 2A AND
3A, BUT SPECIFICALLY CATIONS THAT WE MEASURED AND
METALS THAT WE MEASURED---
MR. BURGESS: CATIONS,
C-A-T-I-O-N-S.
A. ---BASE CATIONS, LET'S SAY THAT.
Q. ALL RIGHT. ARE THEY, AGAIN, MARKED IN THE SAME
WAY AT THE TOP SO THAT WE CAN DETERMINE WHETHER
WE'RE LOOKING AT 2A OR 3A DATA?
A. NO. THIS IS MORE HANDWRITTEN -- WELL, THEY ARE
DR. CRAFT PAGE 10
MARKED IN THE SAME WAY, BUT THE DATA THAT ACTUALLY
IS IN HERE IS ALSO -- THE ACTUAL RAW DATA IS BACK
IN EXHIBIT THREE WITHIN THESE OVERALL BIG DATA
SETS.
Q. COULD YOU MOVE THROUGH THEM, THOUGH, AND GIVE US
SOME IDENTIFYING -- ARE YOU ABLE TO TELL WHEN WE
LOOK AT IT---
A. YEAH.
Q. ---WHICH ONE IT IS?
A. WELL, THIS IS -- THESE ARE JUST FIGURES OF CALCIUM
IN THE SOIL, MICROGRAMS PER GRAM. THESE ARE JUST
GRAPHS -- THESE ARE JUST THE GRAPHS OF THE CATION
AND METAL DATA, WHICH ARE DERIVED FROM THIS DATA,
WHICH IS DERIVED FROM THE DATA FROM HERE.
Q. ALL RIGHT. TO THE EXTENT YOU CAN, WHEN YOU SAY
"THIS," WHEN WE GET TO A FLAT RECORD ONE DAY, IT
WON'T HELP US. THE GRAPH DATA IS INTERMEDIATE
DATA BETWEEN RAW DATA AND THE DATA REFLECTED IN
CRAFT NUMBER THREE, IS THAT ACCURATE?
A. LET'S BACK UP---
Q. THREE---
A. ---NUMBER THREE IS THE RAWEST OF THE RAW.
Q. ALL RIGHT.
A. WELL, MAYBE NOT THAT RAW, BUT IT'S PRETTY RAW.
DR. CRAFT PAGE 11
Q. OKAY.
A. THIS IS MORE TAKING THIS DATA, CONDENSING IT, SO
THAT I COULD LOOK AT IT AND GRAPH IT. SO, THIS
IS MORE INTERMEDIATE FROM THE RAW, BUT BEFORE WE
START ACTUALLY TRYING TO ASSIMILATE IT, AND WRITE
ABOUT IT.
Q. ALL RIGHT. THAT'S THE FIRST PAPER-CLIPPED GROUP
OF GRAPHS?
A. OKAY. AND THIS IS -- ARE YOU READY FOR NUMBER
TWO?
Q. YES, SIR. THE SECOND PAPER-CLIPPED GROUP OF DATA
ARE THE---
A. IS -- THIS IS JUST -- THIS IS ALSO DATA -- IT'S
JUST HANDWRITTEN -- THAT WAS IN THE RAW DATA FROM
CONSERVATION AREA 2B, BUT THE AVERAGE CATION AND
METAL CONCENTRATIONS IN THOSE 2B CORES.
Q. 2A OR 2B?
A. THIS IS 2B.
Q. OKAY. ON THE GRAPHS, WERE THE GRAPHS CLEAR AS TO
WHICH AREA THEY WERE REFLECTING?
A. YEAH. IF YOU CAN SEE, WE'VE BROKEN IT INTO
NORTHERN AND CENTRAL EVERGLADES.
Q. SO, THEY'RE LABELED---
A. RIGHT.
DR. CRAFT PAGE 12
Q. ---THEY'RE LABELED WATER CONSERVA---
A. ENRICHED, UNENRICHED IN 2A; CONSERVATION AREA 2B;
CENTRAL EVERGLADES IS CONSERVATION AREA 3A.
Q. OKAY. WILL THAT CENTRAL REMAIN A SIMILAR TERM
THROUGHOUT YOUR DOCUMENTS IF WE---
A. I THINK SO.
Q. ---SAID THAT?
A. I THINK SO.
Q. OKAY. ALL RIGHT.
A. SO, WE'VE DONE THIS ONE.
Q. YES, SIR.
A. ALL RIGHT. THIS IS THE NEW -- THE METAL AND
CATION ACCUMULATION RATE DATA FOR THESE CORES.
AND, AGAIN, THIS IS DERIVED FROM SOME OF THE RAW
DATA IN THE FIRST FOLDER.
Q. IS THIS INTERMEDIATE---
A. THIS IS FOR ALL THE SITE---
Q. ---IS IT INTERMEDIATE DATA?
A. YEAH. THIS IS THE INTERMEDIATE STAGE HERE.
Q. OKAY.
A. THIS -- YEAH.
Q. AND YOU'RE NOT APPLYING ANY STATISTICAL
MANIPULATIONS TO THIS DATA, AS IT APPEARS?
A. WELL, WE'RE TAKING MEANS AND STANDARD ERRORS,
DR. CRAFT PAGE 13
THAT'S THE EXTENT OF IT.
Q. OKAY.
A. NOT A WHOLE LOT TO DO THERE.
Q. OKAY.
A. THIS IS INTERMEDIATE DATA, METAL CONCENTRATIONS,
CATION CONCENTRATIONS AT ALL THOSE SITES. AND,
IN FACT -- WELL, I THINK THAT'S WHAT IT IS. I
THINK THE GRAPHS ARE DERIVED FROM THIS EXACT PAGE
OF DATA HERE.
Q. AND IT'S LABELED "MEAN"?
A. IT'S LABELED "MEAN CESIUM CONCENTRATIONS," WHICH
IS NOT -- IS INCORRECT, BECAUSE THESE ARE
OBVIOUSLY METAL CONCENTRATIONS AND CATION
CONCENTRATIONS.
Q. I WOULD ASK YOU WHERE A TITLE IS NOT EXACTLY WHAT
IT APPEARS, IF YOU WOULD POINT THAT OUT TO US, SO
WE WON'T BE---
A. THIS IS DEFINITELY -- I MEAN, I'LL SCRATCH IT OUT,
BECAUSE IT DOESN'T MEAN ANYTHING TO ME EITHER.
Q. OKAY.
MR. KADLEC: THEY'RE FROM CESIUM
CORES, PRESUMABLY.
WITNESS: RIGHT.
MS. PONZOLI: RIGHT. RIGHT.
DR. CRAFT PAGE 14
MR. KADLEC: ARE THOSE VERTICALLY
INTEGRATED?
WITNESS: THESE ARE VERTICALLY
INTEGRATED TO THE DEPTH OF WHERE THE
CESIUM MAXIMUM OCCURS.
MS. PONZOLI: OKAY.
A. OKAY. THESE ARE SOME MORE RAW DATA FROM
CONSERVATION AREA 2B. THESE WERE CORES COLLECTED
A YEAR -- THESE WERE SORT OF LIKE CORES COLLECTED
A SECOND TIME AROUND TO GET A BETTER IDEA OF
WHAT'S OCCURRING DOWN THERE.
Q. ARE THEY LABELED, ALSO?
A. YEAH, THEY'RE LABELED, AND THEY HAVE LIKE A
NUMBER 2, MEANING THAT THESE WERE COLLECTED, LIKE,
A YEAR LATER.
Q. RIGHT.
A. THESE WERE NOT THE FIRST, ORIGINAL CORES.
Q. AND BOTH OF THOSE, YOU HAVE TWO PAPER-CLIPPED
GROUPS TOGETHER.
A. YEAH. THIS IS CORE, REP 1 CORE---
Q. RIGHT.
A. ---THIS IS REP 2 CORE.
Q. ALL RIGHT. AND THEY'RE LABELED REP 1 AND REP 2?
A. YEAH, R1.
DR. CRAFT PAGE 15
Q. OKAY. I CAN'T SEE THAT FAR, I'M SORRY.
A. WELL, HERE, I CAN---
Q. THAT'S ALL RIGHT; THAT'S ALL RIGHT. I TELL YOU
IT'S FINE; THAT'S FINE. THESE ARE NOT MY REGULAR
GLASSES; I CAN'T SEE VERY WELL.
A. OKAY. I'LL HAVE TO TAKE A LOOK AT THIS. THESE
ARE -- THIS IS JUST THE DEPTH DISTRIBUTION OF
CATIONS INTEGRATED IN THE PROFILE FOR THOSE SITES,
THOSE NORTHERN AND CENTRAL SITES.
Q. AGAIN, ARE THEY LABELED?
A. WELL, YEAH, THEY'RE MEANS AND STANDARD ERRORS FOR
CATIONS BY DEPTH. SO, WHAT WE DID, IF WE
COLLECTED TWO CORES FROM 2B, THIS IS THE AVERAGE
FOR THE DEPTHS, LIKE AVERAGES OF THE TWO.
AND I'M NOT SURE WHAT THIS IS. OKAY, THESE
ARE SOME MORE DATA. THIS IS ACTUALLY IRON AND
MANGANESE. THIS GOES ALONG WITH THIS, AND I'D
HAVE TO ACTUALLY LOOK CLOSER TO SEE HOW THEY
DIFFER.
Q. LET ME ASK YOU THIS, DR. CRAFT, ARE YOU ABLE TO
TAKE YOUR DISKS, WHICH YOU HAVE ALSO PRODUCED FOR
US, AND MATCH THEM WITH THESE FOLDERS EASILY? I
MEAN, I'M NOT ASKING YOU TO GO, LIKE---
A. NOT REALLY VERY READILY. I MEAN, I CAN FIND -- IF
DR. CRAFT PAGE 16
I HAVE SOMETHING HERE AND I NEED TO PRINT IT OUT,
I CAN USUALLY FIND IT IN FIVE OR TEN MINUTES.
Q. ALL RIGHT.
A. SOMETIMES I CAN GO RIGHT TO IT.
Q. BUT YOU WOULD HAVE TO HAVE THOSE ALL, OR YOU WOULD
GO TO THE HARD DRIVE AND JUST CALL THEM UP, AND
PLAY WITH IT?
A. RIGHT. BUT SOME STUFF I'VE WORKED WITH MORE
RECENTLY THAN OTHER STUFF, SO, YOU KNOW, I MAY
HAVE TO GO SPEND A LITTLE BIT OF TIME LOOKING.
THAT'S IT.
Q. THE NEXT FOLDER, DR. CRAFT, IS ALSO LABELED N AND
P, AND INSIDE THAT FOLDER WE HAVE CRAFT EXHIBITS
NUMBER FIVE, SIX AND SEVEN. I WOULD ASK YOU TO
PLEASE IDENTIFY IN SEQUENCE NUMBER FIVE.
A. OKAY. NUMBER FIVE IS THE MANUSCRIPT THAT HAS BEEN
ACCEPTED BY ECOLOGICAL APPLICATIONS ON PEAT
ACCRETION AND NUTRIENT ACCUMULATION IN THE
NORTHERN AND CENTRAL EVERGLADES.
Q. ECOLOGICAL APPLICATIONS IS A SCIENTIFIC---
A. IT'S A JOURNAL, RIGHT.
Q. OKAY. ALL RIGHT. NOW, CAN YOU TELL ME WHICH
CHAPTER -- IS THIS ONE OF THE CHAPTERS IN THE
ANNUAL REPORTS?
DR. CRAFT PAGE 17
A. THIS MAINLY CAME FROM, I THINK, THE FIRST ANNUAL
REPORT, THE '90.
Q. OKAY.
A. BUT, YOU KNOW, THIS IS MUCH MORE REFINED DATA.
Q. ALL RIGHT.
A. THIS IS THE DISTILLED STUFF HERE.
Q. BUT IT'S THE SAME DATA, JUST WORKED FOR---
A. TO MAKE IT ACCEPTABLE FOR JOURNAL PUBLICATION,
BASICALLY.
Q. ALL RIGHT. CAN YOU TELL ME JUST GENERALLY HOW
MANY DIFFERENCES WE WILL FIND BETWEEN YOUR FIRST
ANNUAL REPORT AND THAT MANUSCRIPT?
A. WHAT DO YOU MEAN BY DIFFERENCES?
Q. DO YOU COME TO DIFFERENT CONCLUSIONS?
A. OH, NO, SAME CONCLUSIONS.
Q. OKAY. IS THE FORMAT JUST SIMPLY IN MORE OF AN
ACCEPTABLE FORMAT TO A---
A. IT'S CON---
Q. ---SCIENTIFIC JOURNAL?
A. ---IT'S CONDENSED---
Q. OKAY.
A. ---BECAUSE A LOT OF TIMES REPORTS, YOU CAN WRITE
HUNDREDS OF PAGES; BUT WHEN YOU SEND THAT TO A
JOURNAL, THEY'RE GOING TO MAKE YOU CUT IT DOWN TO
DR. CRAFT PAGE 18
TEN PAGES. SO, THAT'S BASICALLY WHAT HAS HAPPENED
HERE.
Q. OKAY. IT'S A CONDENSED VERSION?
A. (NODS AFFIRMATIVELY.)
Q. HAVE THERE BEEN ANY REVISIONS AND DRAFTS OF THAT?
A. WELL, YEAH, THROUGHOUT THE -- SURE, THERE'S BEEN
LOTS; YOU KNOW, IT'S BEEN REVISED TWO OR THREE
TIMES.
Q. DID YOU RETAIN THOSE REVISIONS AND DRAFTS?
A. NO.
Q. OKAY. YOU -- WERE THERE ANY -- HAVE THERE BEEN
ANY REVIEWS, TO DATE, OF IT?
A. YOU MEAN -- WHAT KIND OF REVIEW, OR HOW DO YOU
MEAN?
Q. ANY KIND OF REVIEW. HAS ANYONE REVIEWED---
A. SURE.
Q. ---THAT DOCUMENT FOR YOU?
A. IT HAS BEEN REVIEWED BY THREE ANONYMOUS REVIEWERS
WITH THE JOURNAL, AND WE HAD IT REVIEWED BY A
COUPLE OF PEOPLE IN THE WETLANDS CENTER BEFORE WE
SENT IT OUT.
Q. WHERE ARE THOSE ANONYMOUS REVIEWS?
A. I DON'T HAVE THEM ANYMORE.
Q. YOU DO NOT RETAIN THOSE ANONYMOUS REVIEWS OF YOUR
DR. CRAFT PAGE 19
PAPER?
A. HUH-UH (NO). ONCE I MAKE THE CHANGES AND SEND IT
BACK OUT, THAT KIND OF STUFF, THAT'S AN ITERATION,
IT'S IN THE PAST.
Q. WHEN DID YOU GET RID OF THOSE ANONYMOUS REVIEWS,
DR. CRAFT?
A. WELL, THEY OCCUR AT WHATEVER TIME I MAKE THE
CHANGES, AND SEND IT ON.
Q. WHEN WAS THE LAST CHANGE MADE?
A. I BELIEVE THAT WAS PROBABLY BACK IN AUGUST.
Q. AND DID YOU DISPOSE OF THAT ANONYMOUS REVIEW IN
AUGUST?
A. IT'S GONE, YEP.
Q. BUT DID YOU DISPOSE OF IT IN AUGUST?
A. WHAT DO YOU MEAN DISPOSE? EXACTLY WHAT---
Q. DID YOU GET RID OF IT; DID YOU THROW IT AWAY IN
AUGUST?
A. DID I PUT IT IN THE TRASH, OR IN THE RECYCLING
BIN?
Q. ANYWHERE.
A. YEAH, IT WENT TO THE RECYCLING BIN.
Q. IN AUGUST?
A. I THINK SO.
Q. THEN LET ME BE MUCH MORE EXPLICIT, DR. CRAFT. DID
DR. CRAFT PAGE 20
YOU THROW AWAY IN ANY MANNER, SHAPE OR FORM, ANY
OF THE REVIEWS FOLLOWING THE TIME YOU RECEIVED THE
UNITED STATES SUBPOENA---
A. NO.
Q. ---DUCES TECUM?
A. NO. THIS IS -- THIS WAS THREE MONTHS AGO.
Q. WERE ALL THREE OF THEM DISPOSED OF IN AUGUST?
A. ALL THREE WHAT?
Q. YOU SAID THERE WERE THREE ANONYMOUS REVIEWS.
A. WELL, THAT, THEY CAME BACK A YEAR AGO OR MORE.
Q. THE THREE DID?
A. YEAH, OR BACK WHEN -- IT'S BEEN SIX OR EIGHT
MONTHS.
Q. DID YOU DISPOSE OF THOSE IN THE CLOSE TIME FRAME
OF THE TIME YOU RECEIVED THEM?
A. YEAH, WITHIN A MONTH. AFTER I MAKE THE CHANGES, I
SEND IT BACK AND MOVE ON.
Q. ALL RIGHT. IT'S BEEN ACCEPTED, I ASSUME, YOU
SAID?
A. YES.
Q. OKAY. AND DO YOU HAVE ANY IDEA WHEN IT WILL BE
PUBLISHED?
A. 1993.
Q. IS THAT AN ANNUAL PUBLICATION?
DR. CRAFT PAGE 21
A. NO. IT'S FOUR OR SIX TIMES A YEAR, BUT IT'S A --
YOU KNOW, IT'S A WAYS AWAY; IT WAS ONLY ACCEPTED
THREE MONTHS AGO.
Q. OKAY. ALL RIGHT. THE NEXT DOCUMENT, CRAFT
EXHIBIT NUMBER SIX.
A. THIS IS JUST DATA USED IN THE MANUSCRIPT, AND
THERE'S LOTS OF DIFFERENT THINGS IN HERE.
Q. ARE THOSE -- THOSE ARE EFFORTS AT REFINING THE
DATA FOR THAT MANUSCRIPT?
A. RIGHT. THIS IS JUST LOOKING AT THE DATA MORE IN
DEPTH, DECIDING WHAT TO PUT IN THE PAPER.
Q. OKAY. ALL RIGHT. CRAFT EXHIBIT NUMBER SEVEN.
A. THESE ARE THE FIGURES -- WHICH I WOULD LIKE Y'ALL
TO TAKE VERY GOOD CARE OF SINCE I BROUGHT ALL MY
DOCUMENTS -- THAT GO TO THE MANUSCRIPT.
Q. UH-HUH (YES).
A. SO, THESE REQUIRE -- EVENTUALLY, THE JOURNAL WILL
ASK ME FOR THEM, AND I WILL BE HAPPY TO SEND THEM
THIS AS LONG AS THEY DON'T HAVE ANY SMUDGE MARKS
ON THEM.
Q. OKAY. I THINK -- I WOULD SUGGEST THAT YOU PUT A
YELLOW STICKY ON THE FRONT OF THAT, AND TELL THEM
TO BE ESPECIALLY CAREFUL. I---
A. WELL, MAYBE I'LL COPY THESE MYSELF JUST TO BE SURE
DR. CRAFT PAGE 22
THAT NOBODY SCREWS UP.
Q. DO YOU HAVE THE ABILITY OVER LUNCH OR SOMETHING?
I MEAN, I HATE TO BE RESPONSIBLE FOR PEOPLE I
DON'T EVEN KNOW NOT SMUDGING UP.
A. ALL RIGHT. BUT SINCE YOU'RE ASKING FOR THE
DOCUMENTS, YOU OUGHT TO BE RESPON -- OR SOMEBODY
OTHER THAN ME OUGHT TO BE RESPONSIBLE.
Q. THAT'S FINE, I'LL BE RESPONSIBLE. JUST LEAVE
THEM THERE, DR. CRAFT. THAT'S ALL IN THAT FILE
THERE.
A. THAT'S IT. I MEAN, IF YOU WANT, I CAN MAYBE COPY
THEM TONIGHT. BUT, YOU KNOW, THOSE I HAVE HIGH
PRIORITY FOR.
Q. IF IT'S ACCEPTED, WHY HAVE THE FIGURES NOT YET
BEEN SENT?
A. BECAUSE THEY ASK FOR THEM ONCE I THINK THE
MANUSCRIPT GETS TYPESET. THEY DON'T WANT YOU TO
SEND THE FIGURES UNTIL THEY REQUEST THEM.
Q. THE NEXT GREEN FOLDER HAS BEEN LABELED EVERGLADES
-- IS LABELED -- EXCUSE ME -- EVERGLADES
COORDINATES, AND IT WILL BE CRAFT EXHIBIT NUMBER
EIGHT. I'D ASK YOU TO IDENTIFY THAT, PLEASE,
DR. CRAFT.
A. WELL, THESE ARE THE LATITUDE AND LONGITUDE
DR. CRAFT PAGE 23
COORDINATES FOR THE VARIOUS SOIL CORES I'VE
COLLECTED OVER THE PAST THREE OR THREE AND A
HALF YEARS.
Q. ARE THESE AT ALL EXPERIMENTAL SITES?
A. THESE ARE AT SITES I'VE WORKED ON, THAT I'VE BEEN
INVOLVED IN.
Q. WHICH INCLUDE?
A. WELL, THE GRAY -- WELL, BASICALLY, WHAT WE'VE
TALKED ABOUT UP TO NOW. THAT'S CONSERVATION AREAS
2A, 2B, 3A AND THE GRADIENT.
Q. ALL RIGHT. THIS IS THE GRADIENT STUDY, THE
FERTILIZER STUDY, AND THEN ALL THE N AND P WORK
THAT YOU DID IN THE BEGINNING?
A. NOT THE FERTILIZER STUDY.
Q. YOU'VE DONE NO WORK AT THE FERTILIZER STUDY?
A. I HAVE TAKEN NO PEAT CORES TO MEASURE ACCRETION AT
THE FERTILIZER STUDY.
Q. SO, THE LONGITUDE AND LATITUDE FOR THOSE ARE NOT
PRESENT THERE?
A. NO.
Q. OKAY. ARE THEY LABELED AS TO WHICH WORK YOU WERE
DOING?
A. WELL, THEY GIVE, AGAIN, IDENTIFYING THINGS. 10A
OBVIOUSLY IS A TRANSECT SOUTH OF THE 10A STRUCTURE
DR. CRAFT PAGE 24
ON THE GRADIENT. 10C, 10D, THE SAME FOR THEM.
CONSERVATION AREA 3A, PRETTY STRAIGHTFORWARD. THE
SAME SORTS OF THINGS. I THINK THE OLD DATA IS IN
THE BACK HERE.
Q. OKAY. HOW ARE YOUR COORDINATES DETERMINED,
DR. CRAFT?
A. WELL, ORIGINALLY, THEY WERE DETERMINED BY LORAN-C.
RECENTLY, WE HAVE REMEASURED THEM USING THE GPS
SYSTEM.
Q. OKAY. AND SO I TAKE IT BOTH LORAN AND GPS ARE
REFLECTED THERE?
A. YEAH.
Q. THE NEXT GREEN FOLDER IS 2A PRELIMINARY DATA. I'M
GOING TO ASK YOU TO PLEASE IDENTIFY CRAFT EXHIBIT
NUMBER NINE. I HAVE A QUESTION REGARDING THE GPS.
WAS THAT DIFFERENTIAL GPS?
A. AS OPPOSED TO WHAT KIND OF GPS?
Q. WELL, DO YOU UNDERSTAND WHAT DIFFERENTIAL GPS IS?
A. NO, I DON'T KNOW WHAT IT IS.
Q. OKAY.
A. BUT IS THERE A DIFFERENCE?
Q. I'M DON'T KNOW, DR. CRAFT, I'M NOT A SCIENTIST;
I'M A LAWYER.
A. UH-HUH (YES).
DR. CRAFT PAGE 25
Q. WHAT IS THE ACCURACY, DR. CRAFT, OF THE GPS
SYSTEM, PLUS OR MINUS?
A. I DON'T KNOW THE ANSWER TO THAT.
Q. OKAY. DID YOU DO THE GPS WORK, YOURSELF?
A. NO, WE HAD SOMEBODY DO THAT FOR US.
Q. WHO WAS THAT?
A. WHOEVER THE HELICOPTER PILOT WAS WHO TOOK US OUT.
Q. OKAY. IS THIS A DIFFERENT PERSON EACH TIME?
A. IT CAN BE.
Q. ALL OKAY. RIGHT. HAVE WE FINISHED WITH CRAFT
EXHIBIT NUMBER EIGHT?
A. I DON'T BELIEVE YOU'VE ASKED ME ABOUT THIS ONE
YET---
Q. OKAY. THAT'S NUMBER NINE---
A. ---THIS IS NINE.
Q. ---I'VE HANDED YOU NUMBER NINE. OKAY. LET'S
IDENTIFY CRAFT EXHIBIT NUMBER NINE, PLEASE.
A. THESE WERE PRELIMINARY CORES COLLECTED SOUTH OF
THE HILLSBORO CANAL, I BELIEVE, IN 1989, THE FALL
OF 1989, BUT I'M NOT A HUNDRED PERCENT SURE ON
THAT.
Q. ARE THEY IDENTIFIED WITHIN THE DOCUMENT AS TO
LOCATION?
A. EXCUSE ME?
DR. CRAFT PAGE 26
Q. CAN YOU TELL WHERE THE PRELIMINARY CORES WERE,
FROM THE DOCUMENTS?
A. FROM THE COORDINATES, YOU CAN GET THAT
INFORMATION.
Q. ALL RIGHT. IS THERE ANY IDENTIFICATION AS TO 3A,
3B, ETCETERA?
A. THIS IS ALL 2A.
Q. ALL RIGHT. DR. CRAFT, WHO DID THE CESIUM DATA
THAT'S ON HERE?
A. I DID.
Q. OKAY. I'M LOOKING AT A GREEN FOLDER THAT SAYS,
VEGETATION, AND I WOULD ASK YOU TO IDENTIFY CRAFT
EXHIBIT NUMBER TEN AND CRAFT EXHIBIT NUMBER ELEVEN
THAT ARE CONTAINED IN IT, DR. CRAFT.
A. OKAY. THIS IS A SPECIES COMPOSITION ALONG---
Q. IS THAT CRAFT NUMBER TEN?
A. RIGHT. BOTH OF THESE ARE. THEY ARE THE
VEGETATION SPECIES COMPOSITION IN THAT ENRICHED
AREA, OR ACTUALLY ALONG A GRADIENT THROUGH THE
ENRICHED AREA TO THE UNENRICHED AREA---
Q. AND---
A. ---THIS ONE SAYS 1992, SO THIS WAS DONE THIS
SUMMER. AND I HAVE THE DATE SOMEWHERE IN HERE; IT
WAS DONE IN MAY OF '92.
DR. CRAFT PAGE 27
Q. THIS IS IN WATER CONSERVATION AREA 2A?
A. 2A, RIGHT.
Q. IS THIS ALL 2A IN CRAFT TEN AND ELEVEN?
A. YES.
Q. OKAY.
A. I'M PRETTY SURE, LET ME LOOK. YEAH. SAME
INFORMATION, BUT DONE TWO YEARS PREVIOUSLY IN
1990.
MR. BURGESS: 1990 IS WHAT,
EXHIBIT ELEVEN?
WITNESS: CORRECT.
Q. (BY MS. PONZOLI) ALL RIGHT. SPECIES COMPOSITION
ENRICHED AND UNENRICHED ALONG THE GRADIENT '90 AND
'92, RIGHT?
A. RIGHT.
Q. OKAY. THE GREEN FOLDER NEXT IS -- GOING BACK TO
TEN AND ELEVEN, DR. CRAFT, SPECIES OF WHAT?
A. PLANTS -- PLANT MACROPHYTES.
Q. ALL RIGHT. NO PERIPHYTON, NOTHING LIKE THAT?
A. NO.
Q. OKAY. THE GREEN FOLDER NEXT IS THE GRADIENT DATA,
AND INSIDE OF THAT GREEN FOLDER WE HAVE CRAFT
EXHIBITS TWELVE, THIRTEEN, FOURTEEN AND FIFTEEN,
AND I WOULD ASK YOU TO PLEASE IDENTIFY BY EXHIBIT
DR. CRAFT PAGE 28
EACH MANILLA FOLDER, STARTING WITH CRAFT COMPOSITE
EXHIBIT NUMBER TWELVE.
A. OKAY. THESE ARE SOME CORES THAT WE COLLECTED LAST
SUMMER ALONG THE GRADIENT IN CONSERVATION AREA 2A.
THEY'RE TO SORT OF FOLLOW UP OUR INITIAL SAMPLES
THAT WERE COLLECTED IN 1990.
Q. THESE ARE SOIL CORES, DR. CRAFT?
A. RIGHT.
Q. OKAY. DID YOU PULL THESE YOURSELF?
A. UH-HUH (YES).
Q. DID YOU HAVE ASSISTANCE IN DOING THEM?
A. YES.
Q. WHO WAS THAT?
A. IT WAS, I BELIEVE, LORI SUTTER.
Q. OKAY. IS THAT ALL THAT'S IN CRAFT EXHIBIT NUMBER
TWELVE?
A. RIGHT.
Q. CRAFT EXHIBIT NUMBER THIRTEEN, WHAT IS -- CAN YOU
IDENTIFY THAT?
A. THESE ARE GRAPHS OF THE CESIUM DATA FROM THE 1990
CORES ON THE GRADIENT---
Q. OKAY.
MR. BURGESS: I THINK THIS MIGHT
BE FOR ONE OF US.
DR. CRAFT PAGE 29
(THEREUPON, MR. BURGESS
LEAVES THE ROOM.)
A. ---WE GET SOME PRETTY NICE PROFILES SOMETIMES;
SOMETIMES NOT SO NICE.
MS. PONZOLI: DR. CRAFT, I THINK MR.
BURGESS WOULD LIKE ME TO WAIT UNTIL HE
RETURNS.
WITNESS: OKAY.
(THEREUPON, THERE WAS AN
OFF-THE-RECORD DISCUSSION
WHICH WAS NOT REPORTED
BY THE COURT REPORTER, AND
A SHORT BREAK WAS TAKEN.)
MS. PONZOLI: SHALL WE GO BACK ON
THE RECORD.
EXAMINATION BY MS. PONZOLI CONTINUES:
Q. WE HAD FINISHED -- HAD WE FINISHED NUMBER -- CRAFT
EXHIBIT NUMBER THIRTEEN, DR. CRAFT?
A. RIGHT, THE CESIUM.
Q. OKAY. WOULD YOU IDENTIFY CRAFT EXHIBIT NUMBER
FOURTEEN, PLEASE.
A. THIS IS A FILE WHERE WE'RE TRYING TO JUST RELATE
OUR PHOSPHORUS ACCUMULATION DATA ON THE GRADIENT
TO PHOSPHORUS CONCENTRATIONS IN SURFACE WATER.
DR. CRAFT PAGE 30
Q. AND IS THIS 1992 DATA?
A. YES.
Q. OKAY. AND THERE IS NO 1990 REFLECTED IN THERE?
A. DEFINITELY NOT. THIS IS ALL---
Q. OKAY. AND IS THAT RAW DATA THAT'S IN THERE?
A. IT'S RAW AND MEDIUM DATA.
Q. AND I SAW SOME GRAPHS OR CHARTS, ARE THOSE
CONSIDERED MEDIUM?
A. WELL, THESE ARE ACTUALLY SOME DISTRICT DOCUMENTS
THAT I HAVE COPIES OF.
Q. OH, ALL RIGHT.
A. SO -- BUT THEY RELATE TO THIS PARTICULAR QUESTION.
Q. OKAY. ALL RIGHT, THANK YOU. ALL RIGHT. CRAFT
EXHIBIT NUMBER FIFTEEN IS WHAT?
A. THESE ARE MORE GRADIENT CORES COLLECTED THIS
SUMMER. AND WE'RE JUST IN THE PROCESS OF
ANALYZING THESE, BUT WE DO HAVE THE CESIUM DATA
ON THEM, SO, THAT'S THE ONLY THING IT REALLY HAS
IN HERE.
Q. OKAY. ALL RIGHT. AND THAT FINISHES THAT GREEN
FOLDER?
A. RIGHT.
MS. PONZOLI: ALL RIGHT. IT HAS BEEN
AGREED AMONG COUNSEL THAT WE WILL MOVE NOW TO
DR. CRAFT PAGE 31