DIVISION OF ADMINISTRATIVE HEARINGS DEPARTMENT OF ADMINISTRATION, STATE OF FLORIDA SUGAR CANE GROWERS COOPERATIVE OF CASE NOS. 92-3038 FLORIDA, a Florida agricultural 92-3039 cooperative marketing association; ROTH 92-3040 FARMS, INC.; and WEDGWORTH FARMS. INC., 92-6796 92-6797 and 92-6799 92-6800 FLORIDA SUGAR CANE LEAGUE, INC.; and UNITED STATES SUGAR CORPORATION; 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 MANAGMENT DISTRICT, an Agency of the State of Florida, Respondent, and THE UNITED STATES OF AMERICA, MICCOSUKEE TRIBE OF INDIANS, THE FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION, THE FLORIDA WILDLIFE FEDERATION, THE FLORIDA AUDUDON SOCIETY and THE SIERRA CLUB, Respondent-Intervenors. _________________________________________/ DEPOSITION OF: MICHAEL JOHN MACEINA, Ph.D. TAKEN: March 18, 1994 VOLUME 3 Accurate Stenotype Reporters, Inc. DEPOSITION OF: MICHAEL JOHN MACEINA, Ph.D. TAKEN AT THE INSTANCE OF: Respondent, South Florida Water Management District DATE: Friday, March 18, 1994 TIME: Commenced at 9:00 a.m. Concluded at 10:40 a.m. LOCATION: 315 South Calhoun Street Tallahassee, Florida REPORTED BY: ANITA M. PEKEROL, CCR, RPR, CP, CM. Notary Public in and for the State of Florida at Large. APPEARANCES: REPRESENTING THE PETITIONERS: GARY V. PERKO, ESQUIRE Hopping, Boyd, Green & Sams 123 South Calhoun Street Post Office Box 6526 Tallahassee, Florida 32314 REPRESENTING RESPONDENT SOUTH FLORIDA WATER MANAGEMENT DISTRICT: JOSE A. LOREDO, ESQUIRE Popham, Haik, Schnobrich & Kaufman, Ltd. 4000 International Place 100 Southeast Second Street Post Office Box 019101 Miami, Florida 33131 Accurate Stenotype Reporters, Inc. I_N_D_E_X _ _ _ _ _ WITNESS PAGE _______ ____ MICHAEL_JOHN_MACEINA,_Ph.D. _______ ____ ________ _____ Direct Examination (Cont'd.) by Mr. Loredo 217 CERTIFICATE_OF_REPORTER 262 ___________ __ ________ E_X_H_I_B_I_T_S _ _ _ _ _ _ _ _ DEPOSITION_EXHIBITS: __________ ________ NUMBER DESCRIPTION PAGE ______ ___________ ____ 7 Report 224 8 Nutrient and Hydrologic interactions between cattail and sawgrass - literature review notes taken by M. Maceina 236 Accurate Stenotype Reporters, Inc. 217 1 (VOLUME 3) 2 3 P_R_O_C_E_E_D_I_N_G_S _ _ _ _ _ _ _ _ _ _ _ 4 - - - 5 The following deposition of MICHAEL JOHN MACEINA, 6 Ph.D., was taken on oral examination, pursuant to 7 notice, for purposes of discovery, for use as evidence, 8 and for such other uses and purposes as may be permitted 9 by the applicable and governing rules. Reading and 10 signing is not waived. 11 - - - 12 Thereupon, 13 MICHAEL JOHN MACEINA, Ph.D. 14 was recalled as a witness, having been previously duly 15 sworn, was examined and testified further as follows: 16 DIRECT EXAMINATION (Continued) 17 BY MR. LOREDO: 18 Q Doctor, we're back on the record. Why 19 don't we pick up where we left off, talking about Figure 20 4 of Exhibit 6. If you can, just take a look at it for 21 me, and tell me what these graphs tell us and what they 22 do for your opinion. 23 A Okay. Figure 4-A, the graph on the left, 24 is a plot of mean monthly variance, against month, for 25 water level fluctuations or changes in water level at Accurate Stenotype Reporters, Inc. 218 1 the 2-17 gauge and the S-10 gauges. And what this graph 2 indicates is that the changes or the dispersion of water 3 level fluctuations are much higher at the S-10's than 4 they are at the 2-17 gauge. 5 Q What do the stars mean? 6 A The stars mean statistical significant 7 differences, of which six of 12 months were different. 8 Q Compared to 2-17 or to the S-10's itself? 9 I'm not sure what differences we're talking about. 10 A Okay. If you take, let's say, month four, 11 April, there is a star there. That says that the 12 variance or the fluctuation water level, the actual 13 dispersion of the data, is significantly higher in April 14 at the S-10's than at the 2-17 gauge. The same with 15 May. The same with June. 16 Q What does this result do for your opinion? 17 A It shows, again, that the water level 18 disturbance is a lot greater at the S-10 than at the 19 2-17. 20 Q How does it support your opinion, or does 21 it? 22 A With respect to what? 23 Q Your opinion was, let me backtrack here a 24 little bit, that there is no statistical difference 25 between the mean values of the surface water total Accurate Stenotype Reporters, Inc. 219 1 phosphorus between the baseline period and the period in 2 '91, '92, accounting for distance. 3 A This figure has really nothing to do with 4 this. This is just a figure that is about hydroperiod 5 and hydroperiod differences between the S-10 and the 6 2-17 gauge. 7 Q What does the next graph, B, tell us? 8 A B shows that the fluctuation or the average 9 monthly change in stage is much, much greater at the 10 S-10's than at the 2-17 gauge. And it is somewhat 11 analogous to the bimodal hydroperiod. 12 In February, you see that there was an 13 increase in the stage, a rapid decline through May, and 14 then a rapid increase in the summer and then another 15 rapid decline starting about August. At the 2-17 gauge, 16 you don't see that rapid of a fluctuation over the 17 12-month period of time. 18 Q Why do you do these graphs? 19 A I did these graphs to show that, again, the 20 water level disturbance is a lot greater at the S-10 21 than at the 2-17 gauge. 22 Q It makes sense, though. That's where the 23 structures are, is at the S-10, versus, I guess, the 24 2-17. The 2-17 would be the inner marsh or somewhere in 25 the middle? Accurate Stenotype Reporters, Inc. 220 1 A That's correct. 2 Q Figure 5, can you explain that for us? 3 A Okay. The top Figure 5 is a graph of the 4 frequency exceeded of water depths at the S-10C. The 5 bottom graph is frequency exceeded of water depths at 6 the 2-17 gauge. 7 The top gauge, basically, says that if you 8 look at your water depth, which is on the Y axis, there 9 is, essentially, a hundred percent hydroperiod at the 10 S-10C gauge. That is, it is completely inundated all of 11 the time. The water levels never drop below zero. 12 The dash line is 1.9 feet, and which, 13 according to one study done by Grace in 1988, appears to 14 be the critical level that cattail is able to assimilate 15 and grow much quicker with the addition of nutrients, 16 phosphorus, nitrogen and potassium. 17 That inundation or that historic period of 18 record is 45 percent. Basically, you take a hundred 19 percent and subtract 55 percent. So, 45 percent of the 20 time during the past 11 years the water depth has been 21 greater than 1.9 feet at the S-10C. 22 Q And you believe that explains the reason 23 for the cattails? 24 A That's a large and very important 25 contributing factor to the presence of cattails, is the Accurate Stenotype Reporters, Inc. 221 1 high frequency of water depths greater than 1.9 feet. 2 Q And the graph below it? 3 A Shows 2-17 gauge water depth. Twenty 4 percent of the time, there is no water. It completely 5 dries out. That corresponds very well to what we know 6 about the hydroperiod necessarily for sawgrass. 7 Basically, sawgrass should dry out about 15 to about 30 8 percent of the time. That's what other studies have 9 shown. Here, it is 20 percent, which falls within that 10 range. 11 More importantly, water depth only exceeds 12 1.9 feet about three percent of the time, so you don't 13 get that extremely high water depth that could be 14 detrimental to sawgrass. 15 Q And if we go out to 2-17, we don't see a 16 predominance of cattails? 17 A You see a few cattails, but it is mostly 18 dominated by sloughs, sawgrass or some tree islands at 19 the higher elevations. 20 Q And based on these graphs, your opinion is 21 that the water depth is a major contributing factor to 22 the predominance of cattails? 23 A The high water depth -- 24 MR. PERKO: I object to the form. 25 THE WITNESS: The high water depth is a Accurate Stenotype Reporters, Inc. 222 1 major contributing factor to cattails below the 2 S-10's. 3 BY MR. LOREDO: 4 Q Look on the next graph, the bottom says 5 appendix. Actually, the next two pages say appendix. 6 What are these graphs telling us? 7 A These are graphs similar to the November 8 29, 1993, memo. This shows from 1981, January 1981, 9 through April of '92, the actual mean stage at the 10 S-10's. 11 Q Is it comparable for the ones in your 12 November report; i.e., the same bimodal periods? 13 A Yes. Bimodal hydroperiod and much larger 14 water level fluctuations. 15 Q And the last appendix is the same type of 16 graph, but now we're looking at the 2-17 gauge? 17 A That's correct. 18 Q Again, we see a high fluctuation or large 19 fluctuations, I should say? 20 A Well, we see fluctuating water levels, but 21 it is not as erratic as you see at the S-10's. If you 22 take a look at the graph of the S-10's, you see an 23 erratic pattern of high water level, low water, high 24 water, low water. This shows a more of a natural 25 hydroperiod where you have a high, typically, during the Accurate Stenotype Reporters, Inc. 223 1 summer and a low during the winter. 2 You, also, see periodically that this 3 region, based on the ground level line that I drew, at 4 11.1, which is the elevation at the 2-17 gauge, this 5 area, also, periodically dries out. 6 Q Did you look at soil phosphorus? 7 A I did not. 8 Q Did you think about looking at soil 9 phosphorus? 10 A In Nancy Urban's 1993 paper, I saw the map 11 that she presented in that figure. That figure had some 12 soil phosphorus data. 13 Q Did you have an opinion as to that, an 14 understanding of her work? 15 A I understood it. And, basically, the paper 16 says that they are higher soil phosphorus concentrations 17 south of the S-10's, and as you move further south in 18 the interior marshes those soil concentrations decline. 19 Based on the data that I have seen, I agree with that 20 statement. 21 Q Do you know if the soil phosphorus is less 22 in the time period that you have examined, the '91, '92, 23 compared to the baseline period, '78, '79? 24 A As far as I know no data was collected 25 during the baseline period. Accurate Stenotype Reporters, Inc. 224 1 (Brief pause.) 2 BY MR. LOREDO: 3 Q I would like to show you a memo you 4 prepared or dated February 15, 1994. Would that be your 5 next report that you provided in this case after the 6 Exhibit 7 memorandum dated February 11, 1994? 7 MR. LOREDO: Why don't we mark this as 8 Exhibit 7? 9 (Deposition Exhibit 7 marked for 10 identification.) 11 BY MR. LOREDO: 12 Q Doctor, can you summarize what the report 13 that we have marked as Exhibit 7 represents? 14 A In this memo, I looked at the relationship 15 between the variation in surface water total phosphorus 16 concentrations, and hydrologic and loading factors 17 coming into Water Conservation Area 2A below the S-10's. 18 And similar to my March 30, 1990, memo, I did not find 19 any statistical relationship between phosphorus loading 20 through the S-10's and surface water total phosphorus 21 concentrations. 22 Similar to my previous work, I found that 23 stage appeared to be a strong correlate or determinant 24 of surface water total phosphorus concentrations 25 throughout the marsh and Water Conservation Area 2A. Accurate Stenotype Reporters, Inc. 225 1 At the 2-17 gauge, rainfall was a positive 2 correlative, surface water total phosphorus 3 concentrations. 4 Q Is stage a negative correlative? 5 A Stage is a negative correlative of surface 6 water total phosphorus concentrations. 7 Q What type of statistical methods did you 8 use? 9 A I used correlation analysis, and I used 10 multiple regression analysis, and I used step-wise 11 aggression analysis, also, to help me as a tool to sort 12 out some of the statistical models that I was trying to 13 generate. 14 Q Now, you did this relationship looking at 15 different gradients? Or, you know, the zero to two 16 kilometers? 17 A I looked at the various distance zones 18 similar to the analysis that I did before in the 19 February 4th memo. 20 Q Did you look at it all together, forgetting 21 about the zones and just looking at the area as one 22 unified area? 23 A You could. What would come out of that is 24 as you move further south of the distance zones, you 25 would find that is a strong determinant of surface water Accurate Stenotype Reporters, Inc. 226 1 TP. And that is already known. As you move further 2 south of the S-10's, the total concentrations, 3 generally, decrease. So, knowing that is an important 4 determinant, I did not use that in the analysis. I 5 wanted to partition the variation out of those different 6 distance zones and find out what was regulating surface 7 water TP's in those zones. 8 Q And you couldn't find any correlation with 9 the phosphorus loading? 10 A In the big picture, there was a couple of 11 cases when I built regression models and included things 12 like stage or rainfall. In a few cases, there was a 13 small proportion of variance, for example, at the two to 14 three-kilometer zone, that was explained by load. But 15 the dominant factor appeared to be stage and rainfall. 16 And if you take a look at the third paragraph, you will 17 see that analysis right there. 18 Q Here, your statement that the model 19 explained 45 percent of the variation, that is the model 20 that you ended up working with? 21 A That's the model that I came up with. 22 Q And with that model, you are saying that 23 the most important factor was the stage? 24 A That's correct. 25 Q And if I keep reading it, you said rainfall Accurate Stenotype Reporters, Inc. 227 1 contributing 27 percent, 12 percent and six percent. 2 Are you referring to that the stage contributed 27, the 3 load 12 percent and the rainfall six percent? 4 A That's correct. 5 Q So, rainfall had the least significance, 6 load had 12 percent, and stage had 27 percent 7 contributing? 8 A That's correct, in this particular model, 9 for that particular distance zone, which is a two to 10 three-kilometer distance zone. 11 Q Is the 55 percent unexplained? 12 A That's correct. 13 Q As you went further away, moving down to 14 the next level of zones, the three to four-kilometer 15 zone, your model explained 21 percent of the variation 16 in total surface phosphorus? 17 A That's correct. 18 Q Do you break out stage level rain total 19 phosphorus loading, like you did with the zero to 20 two-kilometer zone? I should say the two to 21 three-kilometer zone? 22 A That's in the second paragraph of page 1 of 23 that memo. 24 Q Can you point where you are pointing me to? 25 A The second paragraph explains the analysis Accurate Stenotype Reporters, Inc. 228 1 that I did for the variation in surface water total 2 phosphorus at the zero to two-kilometer zone south of 3 the S-10's. 4 Q I was looking for the three to four. 5 A I'm sorry, I thought you said where is the 6 zero to two. 7 The three to four starts at the second to 8 the last line there in the beginning of the last 9 paragraph, and carries over to page 2. 10 Q What my question was, I keyed on your two 11 to three-kilometer zone area, and your model explained 12 45 percent, and you had broken out the contributing 13 factors of the variables, such as stage, load and 14 rainfall of the 45 percent example; 25, 12 and six 15 percent. 16 What I'm looking for now is, in the three 17 to four-kilometer zone, did you break out the 21 percent 18 of the explained variation in surface total phosphorus? 19 A Okay. Say, the stage, at the 2-17 gauge, 20 lag one month surface water concentrations, surface 21 water TP concentrations. This variable and stage lag 22 one month will explain 21 percent. I didn't break it 23 out, because they're serially correlated, basically, and 24 it seemed to me not appropriate to break out the 25 variable and the lag of a variable in the model. So, it Accurate Stenotype Reporters, Inc. 229 1 explains 21 percent. 2 Q Did you try longer lags? 3 A I only went up to three months. As I went 4 further along, with longer lags, the correlations became 5 even weaker, and weaker and weaker. 6 Q So, you didn't try anything over a 7 three-month lag? 8 A No. It appeared, based on the analysis, 9 that most everything was happening either that 10 particular month or up to three months. And anything 11 beyond that just doesn't come out to be statistically 12 significant. 13 Q Looking at page 3, the first full 14 paragraph, the last sentence, "The various inflation 15 term," and then you have "(used to detect 16 multicollinearity) approached the critical value to 17 declare that stage and total phosphorus load were 18 serially correlated." 19 What does that statement mean? 20 A Those terms or those statistical procedures 21 are diagnostic tools to try and detect if variables that 22 you are using to try and predict the variable 23 interest -- in this case, our variable of interest is 24 surface water TP -- if those two variables are related. 25 In this case, stage and TP load, there is a relationship Accurate Stenotype Reporters, Inc. 230 1 there, because when you have a lot of tributary inflow, 2 stage goes up. When you have a lot of tributary inflow, 3 the total phosphorus loads go up. So, there is a 4 relationship between stage and total phosphorus load. 5 And what I was trying to do was see how strong that 6 relationship was. 7 Q And how strong was it? 8 A It was modest. But I deemed that it wasn't 9 strong enough to delete from the model, and I wanted to 10 go ahead and present the information. But I, also, 11 wanted to present that that is something that an 12 investigator should be aware of. 13 Q When you say delete, what were you going to 14 look to delete? One of the variables? 15 A One of the variables. Normally, what I do 16 is, I delete the weaker variable. In this case, the 17 weaker variable would have been total phosphorus load. 18 Because that only explained 12 percent of the 19 variability, while stage explained 27 percent. But I 20 said, well, let's lay the cards on the table, what the 21 analysis says. And, again, it is a diagnostic tool. 22 There is nothing hard and fast about it. I'll leave 23 load in. 24 Q Looking at the full paragraph 3, starting 25 with, "Thus, variation in surface water total phosphorus Accurate Stenotype Reporters, Inc. 231 1 was not related to total phosphorus loading, but to 2 fluctuations in the water levels in areas zero to nine 3 kilometers south of L-39." 4 Continuing on with that paragraph, if you 5 can take a minute and read it, can you kind of summarize 6 and tell me what you are trying to tell me there? 7 A I am trying to explain the mechanism of why 8 we're seeing this relationship between water level or 9 stage and surface water TP concentrations. And what is 10 known about marshes, also, lakes and reservoirs, is that 11 as you dry soils and reflood them, after the drying 12 procedure remineralizes and when you put water back on 13 top of that, that phosphorus goes back up into the water 14 column. 15 The other thing that looks like it may be 16 happening is that when you drop water levels very, very 17 low, that the plants start dying. They become 18 desiccated. And when plants die, they release 19 phosphorus back into the water, which can, also, explain 20 why we see higher levels of total phosphorus when the 21 stages are low in Water Conservation Area 2A. 22 Q Does settling rate play into any of this? 23 A I can't speculate on that. 24 Q Can I take it, then, that you did not look 25 at settling rate? Accurate Stenotype Reporters, Inc. 232 1 A I did not look at settling rate. 2 Q How does burning affect cattails? 3 A If the burn is hot enough and of a long 4 enough duration, it will kill cattails. 5 Q And then we'll get higher phosphorus? 6 A I don't understand the question. 7 Q Will phosphorus increase after a burn? 8 A Where would it increase? 9 Q Well, I guess you can't have a burn and 10 water levels? 11 A Yes, that's hard to do. You would have to 12 have a type of fire that is a wildfire, essentially, 13 with tremendously high winds and probably low water 14 conditions. 15 Q So, you can't see the two happening 16 together? 17 A No. 18 Q Page 4, your last sentence, "In some 19 instances, there was not a consistent change in cattail 20 density with respect to surface total phosphorus and 21 water levels." 22 What are you telling us there? 23 A That there were changes in cattail 24 densities that didn't seem to be related to water level 25 changes, or to surface water total phosphorus Accurate Stenotype Reporters, Inc. 233 1 concentrations, and that there was some factor out there 2 that was not measured that we don't know that could 3 possibly be causing cattails to change. 4 Q Other than surface total phosphorus or 5 water levels? 6 A That's right. 7 Q Is that the other 55 percent of the 8 unexplained variable when we're talking about the two to 9 three-kilometer zone? 10 A An entirely different analysis. This is an 11 analysis on cattail densities from a paper. The other 12 one is just looking at variables that are related to 13 total phosphorus in a particular distance zone south of 14 the S-10's. 15 Q Can you identify this page for me? It was 16 attached to what I thought we had marked as Exhibit 7. 17 MR. LOREDO: Counsel, I'm not sure if you 18 even have this page on there. It was attached to 19 my exhibit. 20 BY MR. LOREDO: 21 Q If you could, just tell me what that is. 22 It has a Bates stamp number on it of PR0014525. And, 23 actually, Exhibit 7 started with Bates stamp Number 24 PR0014524, so I thought there was some relationship, if 25 you could just kind of explain it. Accurate Stenotype Reporters, Inc. 234 1 A Sure. You have calendar year here on the 2 left, going from 1981 to 1992. This is the frequency of 3 drying at the 2-17 gauge. In one of my memos, I guess 4 the February 11th memo, I did a stage frequency duration 5 curve. That included all years from 1981 through 1992. 6 Here, I have broken that data down. For 7 example, in 1981, 30 percent of the time water levels 8 were below ground elevation at the 2-17 gauge. 9 In 1982, it was dry 20 percent of the time. 10 In 1983, 1984, it was wet the entire year. 11 So, I have taken one of the figures from 12 Figure 11, and instead of pooling all of the data for 13 the 12-year period of time here, I have broken it down 14 into individual years. I didn't make any graphs of 15 these, but I just wanted to see the changes in drying 16 and the frequency of flooding for the time period of the 17 2-17 gauge. 18 I tried to do the same thing at the S-10C, 19 but I didn't have daily data. I only had monthly data. 20 And based on monthly data, they only give you 12 21 observations during any particular year, versus 365 a 22 year. So, I didn't think it was appropriate, so I 23 didn't do anything with the S-10C gauge data for 24 frequency duration purposes. 25 Q And you totaled this frequency? Accurate Stenotype Reporters, Inc. 235 1 A A mean of 20 percent, which is similar to 2 the 20 percent in that figure in the February 11th memo. 3 Q Doctor, I'm just going to go through some 4 of the reports. I want to see how you relied on them. 5 The report titled cattail moisture requirements and 6 their significance to marsh management, by John W. 7 Bedish, B-E-D-I-S-H, do you recall reviewing that 8 report? 9 A Yes, I looked at this report. 10 Q And how are you relying on that with 11 respect to the testimony that you are going to give at 12 the hearing? 13 THE WITNESS: Can I recall on my literature 14 review that he has been provided, where I 15 summarize it? Do you have a copy of that, Gary? 16 MR. LOREDO: Actually, I plan to make that 17 an exhibit. We'll mark this as Exhibit 8, which 18 is entitled nutrient and hydrologic interaction 19 between cattails and sawgrass. And it says 20 underneath literature review notes taken by M. 21 Maceina. 22 BY MR. LOREDO: 23 Q Are these notes that you have taken through 24 your review of the reports and other articles that we 25 have in front of us? Accurate Stenotype Reporters, Inc. 236 1 A Yes, they are. 2 Q It is probably better that we take your 3 literature notes. What do you think? You are shaking 4 your head. You seem hesitant. 5 A I'm not hesitant. That would be fine. 6 Q Is the report by John W. Bedish, reviewed 7 by you and set forth in your notes in this document 8 which is titled literature review notes taken by 9 yourself? 10 MR. LOREDO: Let's mark this as Exhibit 8. 11 (Deposition Exhibit 8 marked for 12 identification.) 13 THE WITNESS: Yes, I did. I did review the 14 paper, and it was part of my notes. 15 When Bedish looked at this, he was looking 16 at moisture requirements in the soil, and looking 17 at growth rates and germination rates of 18 cattails. And he, basically, found that the 19 wetter the soil conditions, the greater the 20 germination rates of cattail. 21 BY MR. LOREDO: 22 Q What page are you looking at in Exhibit 8? 23 A The bottom of page 2. He, also, found that 24 cattail growth was greater in flooded soils than 25 non-flooded soils. Accurate Stenotype Reporters, Inc. 237 1 Q The next article, by Waters and Shay, have 2 you reviewed that? 3 A Yes, I reviewed that document. 4 Q And how were you relying on it, and how are 5 you using that with respect to your opinion in this 6 case? 7 A They did some experimental work, where they 8 were looking at cattail shoot heights and growth rates, 9 production, and they found that cattail production was 10 greater in deeper waters. They found that they had 11 cattails growing anywhere from 25 to 65 centimeters of 12 water, and that these depths did not seem to inhibit 13 cattail growth and production. 14 Q That is consistent with your findings? 15 That you believe stage is a very important factor to 16 cattails? 17 A I believe water depth is a very important 18 factor that regulates cattails in Water Conservation 19 Area 2A. 20 Q I think I have a confusion with water depth 21 and stage. What is the difference? 22 A Well, you can have a stage elevation of a 23 hundred feet mean sea level, but the hydrosoil over 24 which that water lies could be at zero. So, that would 25 be a hundred foot depth. You could have a stage of a Accurate Stenotype Reporters, Inc. 238 1 hundred feet sea level, but the hydrosoil could be at 99 2 feet, which would infer a water depth of one foot. 3 Q So, water depth really takes into account, 4 I guess, soil or whatever the bottom of the marsh could 5 be? 6 A We can define the water depth as from the 7 top of the hydrosoil to the top of the surface water. 8 Q Whereas, stage is defined, I guess, as the 9 mean sea level? 10 A An elevation above mean sea level is the 11 way it is, normally, connotated. 12 Q The next report that you had used on top is 13 titled ecological relationships among purple 14 loosestrife, cattail and wildlife at the Montezuma 15 National Wildlife Refuge. 16 A Again, there was a vegetation replacement 17 there, higher water depths. The cattails came in and 18 replaced this purple loosestrife plant. 19 Q Any relationship to this purple loosestrife 20 plant to sawgrass? 21 A Not that I know of, no. 22 Q And are you looking in your literature 23 notes? 24 A Yes. 25 Q On what page? Accurate Stenotype Reporters, Inc. 239 1 A Page 1, the first paragraph. 2 Q The next report is titled experimental 3 studies on the resiliency of the floating Typha mats in 4 a freshwater marsh. And it is by Krusi, K-R-U-S-H-I, 5 and Wein, W-E-I-N. 6 Can you tell me how you used this in your 7 analysis? 8 A Yes, I can. 9 Q How? 10 A I read the paper, and it looks like what 11 these authors found is that the shoot densities of 12 cattail were significantly higher in undrained basins, 13 compared to drained areas. Shoot height was, also, 14 greater in undrained areas, and draining caused 15 decreased vigor in cattail. 16 It, also, indicated that the biomass of the 17 cattail was much greater near the edge of drainage 18 canals or deeper water bodies, and the cattail exhibited 19 a high soil moisture requirement. 20 Q Did you see a lot of cattails around the 21 WCA-2A area close to the canals? 22 MR. PERKO: I object to the form. 23 THE WITNESS: Which canals? 24 BY MR. LOREDO: 25 Q Canals that surround the WCA-2A. Accurate Stenotype Reporters, Inc. 240 1 A The trip I made in February of 1990, in all 2 of the areas that at least I went to, where we went 3 toured and came out, there always appeared to be 4 cattails next to canals, even in the southern region of 5 Conservation Area 2A, which, typically, has low 6 phosphorus concentrations. The stand of cattail 7 extended about a half a mile northward from the canal 8 and south of the WCA-2A. 9 Q And is that explained because of high 10 stages? 11 A The water depths are deeper at the southern 12 end of Water Conservation Area 2A. 13 Q Along the edges of WCA-2A? 14 A The only ground elevation data that I have 15 seen specific to that is on the southern end of Water 16 Conservation Area 2A and the northern end. And the 17 water depths do seem to be higher, or the ground 18 elevations lower, along the edge of those canals there. 19 And the speculation is that it is due to subsidence, 20 soil subsidence next to the canals. 21 Q When you say subsidence, you mean, 22 reduction in the soil? 23 A Disappearance of soil. 24 Q The next report that I believe you used is 25 titled studies of cattail in relationship to management Accurate Stenotype Reporters, Inc. 241 1 of marsh wildlife. This is by Milton W. Weller, 2 W-E-L-L-E-R. 3 A Dr. Weller said that cattail growth was 4 higher in water depths of up to 1.7 feet. Basically, 5 that cattails grew faster at higher water depths up to 6 1.7 feet, which, I guess, is the maximum depth that he 7 did in his study. 8 Q I think, did you say 1.9 feet yourself, or 9 was that someone else that you relied on? 10 A That was Grace, who, in 1988, found that 11 1.9 feet was a critical depth for cattail. And with the 12 addition of nutrients, increased cattail growth. 13 Q And you agree with the 1.9 or the 1.7? 14 A In experimental studies like that, you get 15 some variation, and I think the biological significance 16 of that is not there. The 1.7 or the 1.9 feet is really 17 not different. It is, essentially, the same. 18 Q I am reading on page 7. This seems to talk 19 about the vegetation map that was produced by Rutchey. 20 You talk about, "Confirm that the cattail dominance is 21 less below the S-10D structure than below the other S-10 22 structures." 23 That is your opinion, right? Is that your 24 opinion, or is it Ken Rutchey's opinion? 25 A It is my opinion. Accurate Stenotype Reporters, Inc. 242 1 Q And if we keep reading on, "From the South 2 Florida Water Management District maps of WCA-2A, the 12 3 feet mean sea level contour approaches a region south of 4 the S-10D as ground elevation decline along a northwest 5 to southeast gradient." 6 How did you determine the elevation? 7 A I had a map that I was provided. 8 Q By the district? 9 A There were two maps that I looked at. I 10 looked at the map in Dewey Worth's technical 11 publication, it is in the 1988 one, on Water 12 Conservation Area 2. I can't remember the exact serial 13 number. That was in 1988. And, also, I was provided a 14 map showing ground elevations in more detailed contours. 15 Dewey Worth's publication had the contours in one foot 16 intervals. This map that I was given had it in .2 feet 17 contours. 18 Q Who gave you that map? 19 A Environmental Science and Permitting, 20 Gainesville, Florida. 21 Q Who at ESP? 22 A John Davis. 23 Q How did you come to get in contact with 24 John Davis at ESP? 25 A I met him in Tallahassee, at a meeting in Accurate Stenotype Reporters, Inc. 243 1 the middle of January. 2 Q Who was at the meeting in January? 3 A Gary Perko was there, Curt Pollman was 4 there, Bill Green was there, John Davis was there. 5 There were three or four other individuals that were 6 there, but I can't recall their names. 7 Q Were they consultants? 8 A Two or three of them were consultants. One 9 was a lawyer representing the Sugar Cane League. 10 Q Do you know, was Dennis Lehtinen there? 11 A I can't recall that name. 12 Q Steve Mallard? 13 A I can't recall that name. 14 Q And did you express your opinions at this 15 meeting? 16 A Yes, I did. 17 Q And are they the same opinions that you 18 have testified to here in deposition? 19 A Yes, they are. 20 Q No changes? 21 A No changes. 22 Q Did you give any opinions to any of the 23 other consultants there, or advice? 24 A I discussed it with one of the consultants, 25 who was doing some color infrared photography in Water Accurate Stenotype Reporters, Inc. 244 1 Conservation Area 2A. We discussed some of the 2 techniques that he was using to map vegetation, and 3 provided some of my interactions that I had working with 4 the University of Florida people when I was doing the 5 contract administration as an employee of the district. 6 Q Do you recall anything else? 7 A I am sorry, also, the Landsant photography 8 that they were doing, too. They were, also, doing 9 Landsant and was providing some interaction on those 10 techniques to map vegetation. 11 Q What type of interaction are we talking 12 about? 13 A Just some of the limitations of using 14 Landsant to determine aquatic vegetation. 15 Q Do you prefer the color infrared? 16 A Color infrared has certain uses for certain 17 types of vegetation. The Landsant can give you other 18 types of information. Sometimes together, when they're 19 merged, they can give you a better understanding or 20 better analysis of vegetation communities. 21 Q Do you know if those two methods were 22 employed, the color infrared and the Landsant? 23 A The only data that I saw was from Landsant. 24 Q And who provided the data? 25 A I wish I could name the consultant that was Accurate Stenotype Reporters, Inc. 245 1 there, but I just can't remember, because I have met so 2 many people in this, that really, if I could remember, I 3 would tell you. 4 Q I believe you. 5 A I just can't recall. I was not asked to 6 consult on vegetation mapping, but I was there to 7 provide some of the analysis that you have been 8 provided. 9 Q Do you remember the data that it was 10 provided? 11 A I think the meeting was January 15, 1994. 12 Q I know, but do you remember some of the 13 data that you looked at? 14 A The data that I presented to that group at 15 that meeting, primarily, focused on my February 4th 16 memo, which looked at the changes in surface water TP 17 concentrations along the distance gradient south of the 18 S-10's. 19 Q Were you asked to update that memo? 20 A No. At that time, I hadn't put that memo 21 together, but I was working on the analysis. I had 22 completed some of the analysis for some of the distance 23 zones. I ran many, many different statistical tests, 24 and I presented some of the results that I had at that 25 time that I had completed. And when I got back, I Accurate Stenotype Reporters, Inc. 246 1 continued to analyze that aspect of the project in 2 greater detail. 3 Q Did you have a subsequent meeting in 4 Tallahassee? 5 A That was the last meeting that I had in 6 Tallahassee, was January 15th. I recall that was the 7 date. 8 Q Did you have more than two meetings in 9 Tallahassee? 10 A Altogether, I have been to Tallahassee 11 three times for meetings. One in October, one in 12 November and one in January. 13 Q I think I missed one of those meetings. I 14 remember talking about -- I guess it was the initial 15 meeting. 16 A I am sorry, the meeting was in December. 17 There were three meetings. It was not in November. 18 There was a meeting in December, about a week before 19 Christmas. 20 Q I remember the December meeting, then. 21 A There was no meeting in November that I 22 attended here in Tallahassee. 23 Q The initial meeting, who was that with, the 24 October meeting? 25 A That was with Bill Green, Gary Perko, Curt Accurate Stenotype Reporters, Inc. 247 1 Pollman, John Good and myself. 2 Q The December meeting? 3 A Gary Perko, Bill Green, Curt Pollman, John 4 Good, Ron Munson and I can't recall anybody else. 5 Q Were there other people there? 6 A I can't recall. 7 Q Was it the meeting in October or the 8 meeting in December that you discussed your March 30, 9 1990, memo? 10 A I discussed my March 30, 1990, memo in the 11 October meeting. 12 Q It is the December meeting that I'm 13 missing. 14 In the December meeting, what was the 15 status of your analysis in December? 16 A Status of what analysis? 17 Q Of what you were doing for this case. 18 A For this case, making progress, getting 19 data together. By late November, I had compiled all of 20 the surface water total phosphorus concentrations. I 21 was still obtaining rainfall data, I was still trying to 22 generate updated loading information and I was, also, 23 updating stage data at that time. 24 Q Do you have one report done already by 25 then? Accurate Stenotype Reporters, Inc. 248 1 A I had done one report by then. 2 Q That was the November 29, 1993? 3 A Yes. 4 Q Were any comments made at the meeting which 5 caused you to rely on and to update your memo? 6 A At that time, the suggestion was to go 7 ahead and try and duplicate the analysis in Figure 29, 8 page 167, of the SWIM Plan. To try to keep it 9 consistent with what was done in the past. 10 Q Did you have any telephone communications 11 with John Davis? 12 A Yes. I talked to John some. It seems like 13 it was after our January 15th meeting, towards the end 14 of January, we conversed on the phone a couple of times. 15 Q What was the topic? 16 A The topic was John's concern that there was 17 some total phosphorus concentration, surface water 18 concentrations, from the 2-17 gauge that I had in my 19 database that was from the summer of 1986, specifically, 20 June, July and August. They were very, very high 21 surface water total phosphorus concentrations, and he 22 didn't have those concentrations. We exchanged data. 23 The data mimicked each other, except for those seven 24 missing values which I had and he did not have. 25 Q And you had them either from KBN -- Accurate Stenotype Reporters, Inc. 249 1 A No. I was given them while I was an 2 employee of the South Florida Water Management District, 3 through Ken Rutchey, and the original analysis that I 4 conducted in 1989, early 1990, as an employee of the 5 Water Management District. 6 Q This is where you had the five projects and 7 you compiled them, put them together? 8 A That's the database of the five projects. 9 Q Did he give you any additional data? 10 A We exchanged the 2-17 data from 1988 on. 11 No, I'm sorry, from 1981 on. I provided him with my 12 database and he provided me with his database on the 13 2-17 gauge for surface water total phosphorus 14 concentrations. 15 Q Did you use this database provided by John 16 Davis? 17 A No, I did not. 18 Q Did you it compare with your database? 19 A Yes. 20 Q And what did you find? 21 A It was similar, except for the seven 22 extremely high surface water total phosphorus 23 concentrations that were measured in the summer of 1986. 24 The databases were the same, except for that. 25 Q When you say the same, they're close, Accurate Stenotype Reporters, Inc. 250 1 exact? 2 A No, identical. Identical dates, identical 3 concentrations. 4 Q And station locations? 5 A 2-17 gauge. 6 Q Was rainfall data there? 7 A No. 8 Q Stage data? 9 A No. 10 Q Did he provide you with any phosphorus 11 loading data? 12 A No. 13 Q So, just surface water total phosphorus at 14 the 2-17? 15 A That's the only data that he provided me. 16 MR. PERKO: Can we take a quick break? 17 MR. LOREDO: Sure. 18 (Brief recess.) 19 MR. LOREDO: Back on the record. 20 BY MR. LOREDO: 21 Q On page 7 of Exhibit 8, I was reading 22 along. To continue where we were, after the sentence 23 regarding the maps, you said, "Thus, ground elevations 24 are very likely higher south of the S-10D and water 25 depths are shallower." Accurate Stenotype Reporters, Inc. 251 1 I think you have already testified to that, 2 right? And this was some of the attempts at correlating 3 the cattails with water depths and relating the 4 different S-10 structures. Maybe you can clarify me 5 here if you understand what I'm talking about. 6 MR. PERKO: Do you understand the question, 7 Doctor? 8 THE WITNESS: State the question, again. I 9 don't want to mislead. 10 BY MR. LOREDO: 11 Q Can you tell me what the significance of 12 the sentence is of, "Thus, ground elevations are very 13 likely higher south of the S-10 and water depths are 14 shallower"? 15 A If you take a look at the satellite imagery 16 that has been done, and look at the predominance of 17 dense cattails, sparser cattails, sawgrass, sawgrass 18 mixed with brush, there is not as much cattails below 19 the S-10D as there are below the S-10C and A. 20 And one of the reasons for that is that 21 ground elevations are higher, water depths are lower. 22 Lower water depths appear, at least, to disfavor 23 cattails. And that might be a reason why we don't see 24 as many cattails below the S-10D as we observe below the 25 S-10C and the S-10A. Accurate Stenotype Reporters, Inc. 252 1 Q Then your next sentence, "This inhibited 2 cattail growth even though nutrients were abundant." 3 A It's an opinion. 4 Q When you say nutrients, phosphorus is part 5 of those nutrients? 6 A That's correct. 7 Q And why did you say nutrients were 8 abundant? 9 A Because at the S-10D, the mean flow 10 weighted concentration of phosphorus coming through that 11 structure since 1981 is 167 micrograms per liter. As 12 you go downstream and go to the S-10C, that drops to a 13 117 micrograms per liter, and at the A structure it 14 drops to 76. So, phosphorus concentrations coming into 15 the S-10D are a lot higher than they are at the A and C, 16 but yet you don't have as much cattails below the S-10D 17 as you do the S-10C and A. 18 Q That is because of the higher elevations? 19 A I believe it is because of the higher 20 elevations and dryer conditions that you see less 21 cattails below the S-10D than the A and C, even though 22 total phosphorus concentrations are higher. 23 Q Just to clarify, the notes in Exhibit 8 are 24 your notes and your opinions? 25 A That's correct. Accurate Stenotype Reporters, Inc. 253 1 Q And your review of other literature and how 2 you summarize them? 3 A That's correct. 4 Q Going to page 10, I am looking at the 5 second to the last sentence, starting with, "Based on 6 the stronger relationship between mean depth and soil 7 phosphorus among vegetation classes compared to 8 hydroperiod mean depth, I would suspect that mean depth 9 would have been a more important variable in the 10 analysis than hydroperiod." 11 Can you tell me what this statement means? 12 A This is based on John Richardson's report 13 on Water Conservation Area 1A, looking at factors 14 related to vegetation in Water Area Conservation 1A. 15 And he did some analysis to try and separate out 16 hydroperiod nutrient water depth and what affects 17 vegetation communities. 18 What I inferred, in looking at his data, is 19 that he did a canonical discriminant analysis. What 20 he's trying to do is find out factors that are important 21 to the distribution of these plants. And on one axis, 22 he put soil phosphorus and sodium, which were highly 23 correlated. And that's how you do that analysis. You 24 put things that are highly correlated. He, also, put 25 hydroperiod and growing season hydroperiod on the other Accurate Stenotype Reporters, Inc. 254 1 axis. And based on the observations that I saw, I 2 thought mean depth should have been on that other axis, 3 because it had a lot more variation. It was, also, 4 correlated to hydroperiod. 5 He mentioned that sodium and potassium were 6 the strongest principal components for factor one, which 7 I agreed with. He never mentioned if the hydroperiod 8 and growing season hydroperiod were the second most. He 9 just said he used them. And I thought, at least the 10 approach I would have taken -- you don't know what he 11 did overall in his analysis, he probably didn't present 12 all of his analysis -- but I would have looked at the 13 mean depth hydroperiod on the second axis to see how 14 important mean depth was in the analysis. 15 Q Doctor, what is your understanding of the 16 ultimate objective of the Everglades SWIM Plan? 17 A The ultimate objective of the Everglades 18 SWIM Plan is to maintain a viable and healthy Everglades 19 ecosystem. 20 Q And do you not believe that controlling 21 phosphorus would help that ultimate objective? 22 A I believe controlling phosphorus levels 23 would assist in very small areas. But if you don't 24 control the hydroperiod or the mean water depth, that 25 control of phosphorus will not achieve the ultimate goal Accurate Stenotype Reporters, Inc. 255 1 of what the SWIM Plan is trying to achieve. And that is 2 restoration and maintenance of a healthy Everglades 3 ecosystem. 4 Q So, you think controlling the water 5 management control is a bigger factor than the 6 phosphorus control? 7 A Based on my analysis and the literature 8 that I have read, in my best scientific opinion, I feel 9 that there is a very strong nutrient water depth 10 hydroperiod interaction, and without controlling that 11 water depth in the hydroperiod, the SWIM Plan will not 12 achieve its goal. And until water management is 13 addressed and alternate water management practices are 14 implemented, that the overall plan won't work. 15 Q Looking at the summary now, starting with 16 the word, "In addition," -- I guess that is the third 17 sentence -- "In addition, the impact of salinity on 18 vegetation communities along canals in the Everglades 19 has not been addressed." 20 Is that still true? 21 A To my best knowledge, yes. 22 Q Actually, I wanted to look at the other 23 sentence. "The compounding effects of nutrients, water 24 depth, hydroperiod, and salinity makes it difficult to 25 'tease' which variables may be important to the Accurate Stenotype Reporters, Inc. 256 1 establishment and survival of cattails and sawgrass 2 communities." 3 What do you mean by that statement? 4 A Based on my analysis, phosphorus loading, 5 stage, hydroperiod, are all interrelated variables. And 6 working in natural ecosystems, if you can't control one 7 variable, it is hard to assess the importance of the 8 effect of the other variable. 9 Q That is what you mean when you say it is 10 difficult to tease? 11 A Yes. 12 Q The next sentence, I believe, is your 13 opinion, and what you testified to before, but I will 14 read it again. "Based on my analysis of the data and 15 the review literature, I believe a strong water depth/ 16 Hydroperiod-by nutrient interaction and hydrology alone 17 are important factors regulating cattail distribution in 18 the WCA-2A." 19 Is that your opinion? 20 A That's my opinion. 21 Q When you say alone, you don't believe other 22 factors are contributive to regulating cattail 23 distribution in the WCA-2A? 24 A I think in itself, the hydrology, if you 25 didn't have any nutrients, would be an important factor. Accurate Stenotype Reporters, Inc. 257 1 My analysis shows that the area south of the S-10's 2 never dries out. If it never dries out, you can never 3 establish communities like sawgrass in those areas. 4 Q Have you written any other reports after 5 February 15, 1994? 6 A I have not. 7 Q So, the February 15, 1994, Exhibit 7, is 8 your last and final report for this project? I hate to 9 use the word "final." I understand that statisticians 10 like yourself are always updating. But with respect to 11 the hearing that is upcoming, do you plan to prepare any 12 other memorandums with respect to this case? 13 A I will not, unless otherwise asked to. 14 Q I am sure counsel will provide us a copy if 15 you somehow do. 16 MR. PERKO: I will do that. 17 BY MR. LOREDO: 18 Q You are continuing to do analysis. And I 19 guess that just goes with your work, and it is 20 never-ending. The reason I preface it that way is, I 21 notice that in some of the things that are provided to 22 us, I guess this is your computer work -- 23 A That is. 24 Q -- and it is dated 3-14-94, so you are 25 continuing to update your computer work? Accurate Stenotype Reporters, Inc. 258 1 A That was a check on some data in 2 relationship to analysis that I had completed, I guess, 3 by February 15th, looking at the relationship of stage 4 at the S-10D, the S-10A, and the S-10C. 5 Q And what did you find? 6 A I found that when the stage is high at the 7 S-10D, it is, also, high at the S-10A and the S-10C. In 8 other words, if you get a big pulse of water in the 9 system, will it artificially elevate stage in only one 10 particular area? And if you recall, in my analysis I 11 pulled all of the S-10's together. That is an 12 assumption I made. And, again, I am interested in being 13 correct, and I wanted to make sure that I could make 14 that assumption. These analysis show that that 15 assumption is correct. 16 Q What is your understanding of plug flow? 17 A I don't know anything about plug flow. 18 Q Did you consider molecular diffusion in 19 your analysis? 20 A I did not. 21 Q Transport of phosphorus with soil profile 22 due to plant growth? 23 A I did not. 24 Q Do you agree that drought and reflooding 25 has an effect of recycling the phosphorus for peat back Accurate Stenotype Reporters, Inc. 259 1 into the WCA-2A? 2 A I missed a word in there. Could you repeat 3 the question? 4 Q Do you agree that drought and reflooding 5 has the effect of recycling the phosphorus back into the 6 WCA-2A? 7 A Where, specifically, in the WCA-2A? 8 Q In general. 9 A Phosphorus is neither destroyed or created. 10 Drying and reflooding will assist in recycling the 11 phosphorus in the system. 12 Q How about in the peat? 13 A Yes, in the peat. It will enhance 14 recycling of phosphorus in the peat. 15 Q Do you have any understanding of the mass 16 balance concept? 17 A Yes, I do. 18 Q Can you tell me what your understanding is? 19 A In relationship to phosphorus? 20 Q Yes. 21 A That phosphorus is neither created or 22 destroyed. That if you put phosphorus into a system, 23 there are certain sinks that the phosphorus has to go 24 to. It either has to be incorporated in some kind of 25 plant or animal life. It can either come out through Accurate Stenotype Reporters, Inc. 260 1 the system or it goes into the soils. And that the mass 2 balance, all of those inputs and outputs, have to equal 3 each other. 4 Q Have all of your opinions and conclusions 5 reached in this case been explored in this deposition? 6 A Yes, they have. 7 MR. LOREDO: Do you have any questions? 8 MR. PERKO: No, I don't. We will read. 9 MR. LOREDO: Thank you, Doctor. 10 (Deposition concluded at 10:40 a.m.) 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Accurate Stenotype Reporters, Inc. 261 1 CERTIFICATE_OF_REPORTER ___________ __ ________ 2 3 STATE OF FLORIDA: 4 COUNTY OF LEON: 5 6 I, ANITA M. PEKEROL, do hereby certify that the 7 foregoing proceedings were taken before me at the time 8 and place therein designated; that my shorthand notes 9 were thereafter translated under my supervision; and the 10 foregoing pages numbered 1 through 261 are a true and 11 correct record of the aforesaid proceedings. 12 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 18 DATED THIS 30th day of March, A.D., 1994. 19 20 21 22 23 __________________________________ ANITA M. PEKEROL, CCR, RPR, CP, CM 24 100 Salem Court Tallahassee, Florida 32301 25 904-878-2221 or 1-800-934-9090 Accurate Stenotype Reporters, Inc. 262 1 CERTIFICATE_OF_ADMINISTERING_OATH ___________ __ _____________ ____ 2 STATE OF FLORIDA: COUNTY OF LEON: 3 I, ANITA M. PEKEROL, Registered Professional 4 Reporter and Notary Public in and for the State of Florida at Large: 5 DO HEREBY CERTIFY that on the date and place 6 indicated on the title page of this transcript, an oath was duly administered by me to the designated witness(s) 7 before testimony was taken. 8 DATED THIS 30th day of March, 1994. 9 10 __________________________________ ANITA M. PEKEROL, CCR, RPR, CP, CM 11 100 Salem Court Tallahassee, Florida 32301 12 904-878-2221 or 1-800-934-9090 13 My Commission Expires: February 20, 1995. 14 15 16 SWORN TO AND SUBSCRIBED TO before me, this ______ 17 day of ________________, 1994, in the CITY OF 18 TALLAHASSEE, COUNTY OF LEON, STATE OF FLORIDA, by the 19 above person who is personally known by me. 20 21 22 23 24 ___________________________ NOTARY PUBLIC STATE OF 25 FLORIDA Accurate Stenotype Reporters, Inc. 263 1 2 3 4 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.