220

 

 

1 Division of Administrative Hearings

 

 

2 Department of Administration, State of Florida

 

 

3 SUGAR CANE GROWERS COOPERATIVE)

OF FLORIDA; ROTH FARMS, INC.; )

4 and WEDGEWORTH FARMS, INC., )

Petitioners, )

5 V ) DOAH

SOUTH FLORIDA WATER MANAGEMENT) Case 92-3038

6 DISTRICT, an agency of the )

State of Florida, et al., )

7 _____________Respondents._____)

) VOLUME II

8 FLORIDA SUGAR CANE LEAGUE, )

INC.; UNITED STATES SUGAR )

9 CORPORATION; and NEW HOPE )

SOUTH, INC., )

10 Petitioners, )

V ) DOAH

11 SOUTH FLORIDA WATER MANAGEMENT) Case 92-3039

DISTRICT, an agency of the )

12 State of Florida, et al., )

_____________Respondents._____)

13 )

FLORIDA FRUIT AND VEGETABLE )

14 ASSOCIATION; LEWIS POPE FARMS;)

W.E. SCHLECHTER & SONS, INC., )

15 and HUNDLEY FARMS, INC., )

Petitioners, )

16 V ) DOAH

SOUTH FLORIDA WATER MANAGEMENT) Case 92-3040

17 DISTRICT, an agency of the )

State of Florida, et al., )

18 _____________Respondents._____)

 

 

19

Deposition of Kenneth Rutchey

20

Taken before Robin L. Merker, Court

21 Reporter and Notary Public in and for the State of

Florida at large, pursuant to notice of taking

22 deposition filed by the Petitioners in the above cause.

 

 

23 - - -

Monday, February 7, 1992

24 319 Clematis Street

West Palm Beach, Florida 33401

25 9:10 - 4:00 p.m.

221

 

 

1 APPEARANCES:

 

 

2 On behalf of the Petitioners Florida Sugar

Cane League, Inc., United States Sugar Corp,

3 and New Hope, Inc.:

 

 

4 Earl, Blank, Kavanaugh & Stotts

One Biscayne Tower

5 Suite 3636

Two South Biscayne Boulevard

6 Miami, Florida 33131

BY: MARK KOBELINSKI, ESQUIRE

7

On behalf of the Petitioners Sugar Cane Growers

8 Cooperative, Roth Farms, Inc., and WEDGEWORTH

Farms, Inc.:

9

Hopping, Boyd, Green & Sams

10 123 South Calhoun Street

Tallahassee, Florida 32314

11 BY: WILLIAM H. GREEN, ESQUIRE and

CAROLYN S. RAEPPLE

12

On behalf of the Respondent SFWMD:

13

Popham, Haik, Schnobrich & Kaufman, Ltd.

14 100 Southeast 2nd Street

Miami, Florida 33131

15 BY: GREGORY M. CESARANO, ESQUIRE

 

 

16

On behalf of the Intervenor, United States of

17 America:

 

 

18 THOMAS A.W. FITZGERALD, ESQUIRE

Assistant United States Attorney

19 155 South Miami Avenue

Suite 600

20 Miami, Florida 33130-1693

 

 

21 ALSO PRESENT:

 

 

22 EDWARD DOWNING

MICHAEL SOUKUP

23 MICHAEL STORY

 

 

24

 

 

25

222

 

 

1 - - -

 

 

2 I N D E X

 

 

3 - - -

 

 

4 WITNESS: DIRECT CROSS REDIRECT RECROSS

 

 

5 Kenneth Rutchey

 

 

6 BY MR. KOBELINSKI: 5

BY MS. RAEPPLE: 226

7

- - -

8

E X H I B I T S

9

- - -

10 Rutchey Exb. No. 1 8

Development of an Everglades Vegetation Map

11 Using a SPOT Image and the Global Positioning System

 

 

12 Rutchey Exb. No. 2 33

WCA-2A Field Data Collection Sites for 30

13 classes 10-2-91 to 1-13-92

 

 

14 Rutchey Exb. No. 3 56

WCA-2A Tree Islands

15

Rutchey Exb. No. 4 67

16 WCA-2A Accuracy Assessment 3-23 to 4-24-92.

 

 

17 Rutchey Exb. No. 5 80

Laboratory Notebook

18

Rutchey Exb. No. 6 105

19 WCA 3S for SPOT 5-11-92

 

 

20 Rutchey Exb. No. 7 105

WCA 3N for SPOT 5-11-92

21

Rutchey Exb. No. 8 108

22 Inland Wetland Change Detection in the

Everglades Water Conservation Area 2A Using a Time

23 Series of Normalized Remotely Sensed Data

 

 

24 Rutchey Exb. No. 9 196

Holeyland file, Bates Nos. 1220441 through

25 1220572

223

 

 

1

Rutchey Exb. No. 10 228

2 Color Map of WCA-2A, using SPOT image 4-4-87

 

 

3 Rutchey Exb. No. 11 273

Satellite imagery as of 1-25-93

4

Rutchey Exb. No. 12 278

5 Resume of Ken Rutchey

 

 

6 Rutchey Exb. No. 13 298

Memorandum dated 11-5-92 from Ken Rutchey

7

Rutchey Exb. No. 14 316

8 Memorandum dated 3-30-1990 from Michael Maceina

 

 

9 Rutchey Exb. No. 15 354

Latitudes and longitudes, coordinates

10

Rutchey Exb. No. 16 355

11 Review of Remote Sensing activities by John

Jensen.

12

Rutchey Exb. No. 17 357

13 Phosphorus data

 

 

14 Rutchey Exb. No. 18 364

Memorandum from Ken Rutchey and Les Vilchek

15 dated 10-22-92

 

 

16 Rutchey Exb. No. 19 370

Memorandum from Ken Rutchey dated 7-29-91

17

Rutchey Exb. No. 20 370

18 Memorandum from Ken Rutchey dated 6-18-90

 

 

19 Rutchey Exb. No. 21 373

Memorandum from Ken Rutchey dated 10-30-89.

20

Rutchey Exb. No. 22 382

21 WCA-2A fire records

 

 

22 Rutchey Exb. No. 23 384

Draft page of Everglades SWIM Plan with

23 handwritten note on back.

 

 

24

 

 

25

224

 

 

1 P R O C E E D I N G S

 

 

2

 

 

3 - - -

 

 

4 MR. KOBELINSKI: I would remind Mr.

 

 

5 Rutchey that you're still under oath.

 

 

6 Let me just make a comment here. As I

 

 

7 explained just a few moments ago, prior to going

 

 

8 on the record, I have not completed my direct

 

 

9 testimony of the witness. And, in fact, given

 

 

10 the fact that we still don't have the electronic

 

 

11 data and some other documents we identified

 

 

12 yesterday, including the photos, I would have

 

 

13 difficulty doing so. However, Ms. Raepple, from

 

 

14 the Cooperative, has spoken with me and,

 

 

15 essentially, if I do not pass the baton at this

 

 

16 point in time, we're pretty much guaranteed not

 

 

17 to be able to finish Mr. Rutchey today and have

 

 

18 to call him back.

 

 

19 If I do pass the baton there is a

 

 

20 possibility that either A, I might need

 

 

21 additional redirect or we perhaps would ask

 

 

22 those questions of a different witness. So I

 

 

23 will at this time halt my direct testimony or

 

 

24 questioning. Ms. Raepple will commence, but I

 

 

25 will reserve the right to redirect or to

225

 

 

1 question Mr. Rutchey further, particularly after

 

 

2 we receive his electronic data if that need

 

 

3 arises.

 

 

4 The other comment I need to make is that

 

 

5 Mr. Rutchey is involved, or at least Dr.

 

 

6 Jensen's paper is based in part on the 2A study

 

 

7 that Mr. Rutchey did. The Jensen deposition is

 

 

8 set, I believe, for what, two weeks from

 

 

9 tomorrow or something? Is that everyone's

 

 

10 recollection?

 

 

11 MS. RAEPPLE: Um-hum.

 

 

12 MR. KOBELINSKI: He's been noticed by both

 

 

13 sides and his documents have been due. Given

 

 

14 this fact if paper is finalized, we need those

 

 

15 documents or we probably will not able to be

 

 

16 able to start. I was told there's only two days

 

 

17 he's available. He's the U.S.'s witness --

 

 

18 MR. CESARANO: No, he's the District's

 

 

19 witness. He assured me that his documents were

 

 

20 with Federal Express yesterday, they should be

 

 

21 getting in today.

 

 

22 MR. KOBELINSKI: Okay. All right.

 

 

23 MR. CESARANO: We'll send them out

 

 

24 immediately --

 

 

25 MR. KOBELINSKI: -- to you and transmit

226

 

 

1 that.

 

 

2 MR. KOBELINSKI: The only problem

 

 

3 accommodating this witness is if those are the

 

 

4 only two days we need really need to get those

 

 

5 as soon as possible.

 

 

6 MR. CESARANO: I understand.

 

 

7 MR. KOBELINSKI: I will -- under those

 

 

8 conditions, I will pass the baton to Ms.

 

 

9 Raepple.

 

 

10 If you have an objection to that, Greg, I

 

 

11 can go on, but as I said, we're guaranteed to

 

 

12 have to call him back another time.

 

 

13 MR. CESARANO: I don't think that's an

 

 

14 unreasonable request. We'll give it a try and

 

 

15 see how it develops.

 

 

16 MR. KOBELINSKI: Okay.

 

 

17 Thereupon,

 

 

18 Ken Rutchey

 

 

19 being by the undersigned Notary Public previously

 

 

20 sworn, was examined and testified as follows:

 

 

21 CROSS (Ken Rutchey)

 

 

22 BY MS. RAEPPLE:

 

 

23 Q. Mr. Rutchey, I'm Carolyn Raepple. I'm

 

 

24 representing the Sugar Cane Grower's Cooperative of

 

 

25 Florida, Roth Farms and Wedgeworth Farms. I'm going to

227

 

 

1 ask you a number of questions today similar to what you

 

 

2 had yesterday with Mr. Kobelinski. If you don't

 

 

3 understand any of the questions I ask you, let me know,

 

 

4 I'll restate them. I'm not an expert in satellite

 

 

5 imagery interpretation. If I use a term incorrectly,

 

 

6 let me know, I'll try to restate the question in an

 

 

7 appropriate fashion. Do you understand?

 

 

8 A. Yes.

 

 

9 Q. Okay.

 

 

10 In the document which has been marked as

 

 

11 Exhibit 1 to this deposition, there are some vegetative

 

 

12 maps of WCA-2 A. Has the Water Management District

 

 

13 ever created a vegetative map for WCA-2 A prior to

 

 

14 those maps?

 

 

15 A. I did a preliminary map based on an April

 

 

16 1987 SPOT satellite image which was referenced a number

 

 

17 of times in other people's work.

 

 

18 Q. Was that map produced for this deposition?

 

 

19 A. Yes.

 

 

20 Q. Where is it?

 

 

21 A. It -- what I produced was a folder on

 

 

22 that, the data of that map and also a big hard copy,

 

 

23 color hard copy.

 

 

24 MS. RAEPPLE: Let's mark this as -- two

 

 

25 page map as Exhibit 10.

228

 

 

1 (Thereupon, the document was marked

 

 

2 Rutchey Exb. No. 10 for Identification.)

 

 

3 BY MS. RAEPPLE:

 

 

4 Q. Is this the preliminary map to which you

 

 

5 just referenced?

 

 

6 A. Yes.

 

 

7 Q. When was Exhibit 10 created?

 

 

8 A. I'd say late 1987, 1988.

 

 

9 Q. Did you ground truth this map?

 

 

10 A. I went out in the field and got

 

 

11 information for the classes obtained in the map, yes.

 

 

12 Q. Would you explain the procedure that you

 

 

13 utilized to ground truth this map?

 

 

14 A. Back then we didn't have GPS. So I used

 

 

15 photography and went out in the field and visited the

 

 

16 sites and tried my best to find them in the satellite

 

 

17 imagery and extracted that information from each of

 

 

18 those types of vegetation classes, and performed a

 

 

19 supervised classification with that data.

 

 

20 Q. How could you tell whether you were at the

 

 

21 location on the ground that you thought you were at

 

 

22 when you did that site visit?

 

 

23 A. Accurately I couldn't. It's probably why

 

 

24 this piece of work has never been published. It had

 

 

25 its faults and it was more of a learning process to me

229

 

 

1 in the creation of this map. I basically did the best

 

 

2 I could from looking at the photography going out in

 

 

3 the field, and trying to determine those locations in

 

 

4 the satellite imagery.

 

 

5 Q. Okay.

 

 

6 Then you used no mechanical assistance to

 

 

7 locate yourself on the ground when you visited the site

 

 

8 for this map?

 

 

9 A. Basically at that time GPS wasn't in

 

 

10 existence and Loran is pretty inaccurate in the

 

 

11 Everglades. I would have been more accurate using

 

 

12 aerial photography then to try to use the Loran system

 

 

13 at that time.

 

 

14 Q. What type of aerial photography did you

 

 

15 utilize when you were creating Exhibit 10?

 

 

16 A. Boy, this is going back in time now.

 

 

17 We're talking five, six years.

 

 

18 I had a data set, but don't ask me what

 

 

19 date it was, I don't remember. It was close to that

 

 

20 time of Area 2.

 

 

21 Q. Was it color infrared?

 

 

22 A. It was color infrared.

 

 

23 Q. Are you familiar with the SWIM Plan for

 

 

24 the Everglades?

 

 

25 A. I've heard about it, yes.

230

 

 

1 Q. Are you familiar with the vegetative maps

 

 

2 for WCA-2 A that appear in that document?

 

 

3 A. No.

 

 

4 Q. Did you have any involvement in creating

 

 

5 maps for utilization in the Everglades SWIM Plan?

 

 

6 A. They might have been utilized, but it

 

 

7 was -- I didn't have any direct input to it or know

 

 

8 about it, you know, they -- that happens sometimes.

 

 

9 Q. When I reference the Everglades SWIM Plan,

 

 

10 do you understand that I'm referring to the three

 

 

11 volume set?

 

 

12 A. No. I don't have anything to do with the

 

 

13 SWIM Plan.

 

 

14 Q. Do you know how many volumes there are in

 

 

15 the Everglades SWIM Plan?

 

 

16 A. Nope.

 

 

17 Q. Have you ever seen the Everglades SWIM

 

 

18 Plan?

 

 

19 A. I might have seen the cover, but I didn't

 

 

20 take the time to read it or anything.

 

 

21 Q. Do you know whether Exhibit 10 was

 

 

22 utilized by anyone else to create a map of WCA-2A for

 

 

23 inclusion in the Everglades SWIM Plan?

 

 

24 A. Not for certain, no.

 

 

25 Q. In your judgment, would it be appropriate

231

 

 

1 to utilize Exhibit 10 for the creation of a vegetative

 

 

2 map showing the vegetation in existence in WCA-2A in

 

 

3 1987?

 

 

4 A. Yes.

 

 

5 Q. Why would it be appropriate?

 

 

6 A. A number of people have looked at this

 

 

7 map, taken it in the helicopter and flown with it. A

 

 

8 number of us have long term knowledge of the area, been

 

 

9 out there literally hundreds of times and know the area

 

 

10 well. And this was a good representation of that area

 

 

11 at that time.

 

 

12 Q. Who have you discussed Exhibit 10 with, in

 

 

13 which they indicated that it is a good representation

 

 

14 of the vegetation in WCA-2A as it existed in the spring

 

 

15 of '87?

 

 

16 A. I would say Steve Davis, Nancy Urban, Dave

 

 

17 Swift. Those I believe are the three major -- Dewey

 

 

18 Worth.

 

 

19 Q. Okay.

 

 

20 And you yourself believe it's a good

 

 

21 representation; is that correct?

 

 

22 A. Yes.

 

 

23 Q. Have all of those individuals spent a fair

 

 

24 amount of time in WCA-2A?

 

 

25 A. Yes.

††††㈵††††††䄮††奥献ഊ‌†††††††††††††††††††††††††††††††††′㌲ഊഊ††††‱††††††儮††䅢潵琠桯

232

 

 

1 Q. About how many times have you visited

 

 

2 WCA-2A either on the ground or in a helicopter?

 

 

3 A. I would say four to 600 days, many of

 

 

4 those for one stretch period from when I officially was

 

 

5 hired at the District in 1981 to 1985. We went out

 

 

6 almost every week and spent overnight trips there three

 

 

7 days a week.

 

 

8 Q. About how many days did you spend in

 

 

9 WCA-2A during the spring of '87?

 

 

10 A. I can't recall that. I don't know. I'd

 

 

11 have to look go back and look.

 

 

12 Q. What would you look at?

 

 

13 A. Hopefully they kept records of our -- of

 

 

14 our field trips. I'm sure the County somewhere

 

 

15 probably did that.

 

 

16 Q. Can you estimate how many days you spent

 

 

17 in WCA-2A prior to the spring of 1987?

 

 

18 A. I would say that's basically most of time

 

 

19 was prior to 1987 as opposed to after.

 

 

20 Q. Most of your four to 600 days?

 

 

21 A. Yes.

 

 

22 Q. Can you estimate how much of those four to

 

 

23 600 days were spent on the ground or in an air boat as

 

 

24 opposed to in a helicopter?

 

 

25 A. These are highly speculative numbers. I

233

 

 

1 mean without records I'm really -- four to 600

 

 

2 hopefully, in that range. What percentage, I'd be

 

 

3 guessing.

 

 

4 Q. When you went into the field to verify the

 

 

5 vegetation for the creation of Exhibit 10, do you

 

 

6 recall whether you went into the field in an air boat

 

 

7 or in a helicopter?

 

 

8 A. Most of the time it was in a air boat.

 

 

9 Q. Did you keep any field notes from those

 

 

10 visits?

 

 

11 A. No, other than the report that was

 

 

12 produced for Dewey Worth for all the transects that we

 

 

13 had established in this area.

 

 

14 Q. Which report is that?

 

 

15 A. I turned it over yesterday. It's in the

 

 

16 green folder. It's the response of the drawdown study

 

 

17 response of the vegetation -- I can't recall the exact

 

 

18 name of it.

 

 

19 Q. Are you referencing Technical Publication

 

 

20 88-2 of March 1988, titled Environmental Response of

 

 

21 WCA-2A to Reduction in Regulation Schedule and Marsh

 

 

22 Drawdown?

 

 

23 A. Yes.

 

 

24 Q. Where are your field notes reflected in

 

 

25 that report?

234

 

 

1 A. I don't think the field notes are actually

 

 

2 in the report. I think all the data that was used to

 

 

3 produce this is available in field notes. You'd have

 

 

4 talk to Dewey Worth about it, because he was the

 

 

5 primary author and he kept all that information.

 

 

6 Q. Did Dewey Worth accompany you on that

 

 

7 field trip to verify the vegetation in WCA-2A for the

 

 

8 creation of Exhibit 10?

 

 

9 A. Yes, on a few times, yes. I mean we

 

 

10 worked out there for four or five years together.

 

 

11 Q. Was he participating in the verification

 

 

12 of vegetation or was he simply along with you on the

 

 

13 trip?

 

 

14 A. I think he was just along on the trip.

 

 

15 And part -- I mean he knew about this map and that I

 

 

16 was working on it and he saw how things were moving

 

 

17 along as I was progressing and making the map. And

 

 

18 he'd have comments well, maybe this area doesn't, you

 

 

19 know, jive or look quite right and you need to work on

 

 

20 this and...

 

 

21 Q. When he made those kinds of statement, did

 

 

22 you make adjustments to Exhibit 10?

 

 

23 A. Again, this is going back a long time and

 

 

24 this is a very preliminary piece of work. I don't

 

 

25 recall, unless I go through my folder and start reading

235

 

 

1 through, how I actually produced this map other than

 

 

2 knowing I remember it was a supervised classification,

 

 

3 I used aerial photography and going out in the field to

 

 

4 ground truth. Other than that I don't remember any of

 

 

5 the details of the creation of this map.

 

 

6 Q. Did you ever speak with anyone familiar

 

 

7 with the vegetation in WCA-2A who felt Exhibit 10 was a

 

 

8 poor representation of the vegetation in WCA-2A in the

 

 

9 spring of '87?

 

 

10 A. No.

 

 

11 Q. In your judgment, is Exhibit 10 the best

 

 

12 reflection of vegetative conditions in WCA-2A in the

 

 

13 spring of '87 that exists today?

 

 

14 A. It's the best that's available, yes.

 

 

15 Q. You mentioned that you and Dewey Worth

 

 

16 worked on some transects in WCA-2A; is that correct?

 

 

17 A. That's correct.

 

 

18 Q. Where were those transects?

 

 

19 A. They were all over the area from north to

 

 

20 south, east to west.

 

 

21 Q. How were those transects developed?

 

 

22 A. You're going have to talk to Dewey Worth

 

 

23 about that.

 

 

24 Q. Where is Dewey Worth now?

 

 

25 A. Boise, Idaho.

236

 

 

1 Q. Can you be more specific?

 

 

2 A. More specific than Boise, Idaho?

 

 

3 Q. Yes. Do you know where he works?

 

 

4 A. Department of Environmental Quality.

 

 

5 Q. Do you know whether the transects were

 

 

6 ever surveyed?

 

 

7 A. I don't think they were. I would say that

 

 

8 there's -- they've been staked, you know, they're

 

 

9 still -- they're still there basically.

 

 

10 Q. When were the stakes put in place?

 

 

11 A. Back when we actually did our initial

 

 

12 biological survey.

 

 

13 Q. In which year was that?

 

 

14 A. What year?

 

 

15 Q. Yes.

 

 

16 A. It was during a period of years from '81

 

 

17 to, I'd say, approximately '85.

 

 

18 Q. And those stakes remain today up to 10, 12

 

 

19 years later?

 

 

20 A. Some of them.

 

 

21 Q. Do all the stakes remain?

 

 

22 A. No.

 

 

23 Q. What have those transects been used for by

 

 

24 the South Florida Water Management District?

 

 

25 A. I don't think they have been used since

237

 

 

1 that report.

 

 

2 Q. That report is a reference to the

 

 

3 technical publication we just referenced?

 

 

4 A. Yes.

 

 

5 Q. Were the stakes the method utilized to

 

 

6 locate the transects when you went into the field or

 

 

7 did you have some other mechanical means of locating

 

 

8 those transects?

 

 

9 A. They -- well, we wanted to know where the

 

 

10 beginning and ending part of a transect was each time

 

 

11 we went back exactly and that was only way to do that.

 

 

12 We know where all those areas are just from our

 

 

13 familiarity with Area 2, how to get there. It's just

 

 

14 that we wanted an exact beginning point, we ran our

 

 

15 transect.

 

 

16 Q. Would you then traverse along the

 

 

17 transects to the ending point?

 

 

18 A. Yes.

 

 

19 Q. How did you do that? Did you have

 

 

20 anything to assist you in staying on a straight course?

 

 

21 A. Yes.

 

 

22 Q. What?

 

 

23 A. Basically the transects were, I think the

 

 

24 longest one might have been a thousand feet, and just

 

 

25 tried to -- we biologists, you have a long tape

238

 

 

1 measure, you have a -- one pole to the other pole, you

 

 

2 got your straight line.

 

 

3 Q. Have you established the location of any

 

 

4 of those stakes in your GPS work?

 

 

5 A. No.

 

 

6 Q. Who else within the Water Management

 

 

7 District creates vegetative maps besides yourself?

 

 

8 A. Les Vilchek. I'd say Patti Sime.

 

 

9 Q. How do you spell her last name?

 

 

10 A. S I M E.

 

 

11 There might be others, but I'm not aware

 

 

12 of them.

 

 

13 Q. Is there any one department that has the

 

 

14 overall responsibilities for vegetative mapping within

 

 

15 the District?

 

 

16 A. I'd say no.

 

 

17 Q. There's no overall coordination of

 

 

18 vegetative mapping within the District?

 

 

19 A. I'd say no.

 

 

20 Q. Does Les Vilchek work in your department?

 

 

21 A. Yes.

 

 

22 Q. What about Patti Sime, where does she

 

 

23 work?

 

 

24 A. It's either up in Lower District Planning

 

 

25 or Upper District Planning.

239

 

 

1 Q. Has Patti Sime assisted you in the

 

 

2 creation of any vegetative maps?

 

 

3 A. No.

 

 

4 Q. Do you know who was responsible for the

 

 

5 creation of the vegetative maps that were included in

 

 

6 the Everglades SWIM Plan?

 

 

7 A. No.

 

 

8 Q. Based on your experience in WCA-2A since

 

 

9 1981, have the cattail which are located south of the

 

 

10 10 structures advanced as a solid monoculture or have

 

 

11 they spread by mixing in with the native vegetation and

 

 

12 sawgrass?

 

 

13 A. My personal observance is they definitely

 

 

14 have spread. And the way I have observed is initially

 

 

15 they go into slough areas which are lower, more water,

 

 

16 and they don't have vegetation. Once they get into the

 

 

17 slough areas then they encroach on the surrounding

 

 

18 sawgrass ridges and eventually out compete the sawgrass

 

 

19 and eventually form a monoculture of cattail.

 

 

20 Q. Does that pattern of cattail spread apply

 

 

21 to all locations within WCA-2A that are cattail today

 

 

22 or is that just south of the S-10's?

 

 

23 A. I can't -- I'm not sure, because I don't

 

 

24 know all locations within the -- within Area 2. I mean

 

 

25 this is the things that I've observed. I think that

240

 

 

1 they'll come in, you know, in other areas where there's

 

 

2 no sloughs, you know. I've seen that happen too when

 

 

3 they just come in thick, the sloughs aren't there,

 

 

4 they'll invade a sawgrass ridge. I mean just if we

 

 

5 have a monotypic stand of cattail, a wall moving along,

 

 

6 and there's a sawgrass ridge in the way and there's no

 

 

7 slough in between then they'll encroach on that

 

 

8 sawgrass ridge also. But most -- most of my

 

 

9 observations, if there's a slough available they'll

 

 

10 move into the slough area first and then encroach on

 

 

11 the surrounding sawgrass ridges.

 

 

12 Q. Where within WCA 2A have you seen the

 

 

13 cattail encroachment occur first in the slough and then

 

 

14 progress into a sawgrass ridge?

 

 

15 A. A number of places south of the S-10

 

 

16 structures and all the way on the southern end in along

 

 

17 L-35 all along.

 

 

18 Q. Any other areas?

 

 

19 A. Those are the two that I -- that I have

 

 

20 noticed it.

 

 

21 Q. Where have you seen cattails come into an

 

 

22 area where there was no slough?

 

 

23 A. I would say up in the north, very

 

 

24 northeast section and in the very west section adjacent

 

 

25 to the S-7 inflow structure.

241

 

 

1 Q. When did you first observe cattails on the

 

 

2 southern end of WCA-2A along L-35?

 

 

3 A. I think there's always been some cattail

 

 

4 there since I was there. I wouldn't say they were

 

 

5 always there, but as far as back as I can remember

 

 

6 there was always some.

 

 

7 Q. How far back is that?

 

 

8 A. 1981. When I say some, I -- that means --

 

 

9 I mean a little bunch here and there. That's how I

 

 

10 remember it.

 

 

11 Q. When did you first observe cattail in the

 

 

12 very northeast section of WCA-2A?

 

 

13 A. Since 1981.

 

 

14 Q. When did you first observe cattail in the

 

 

15 west section adjacent to the S-7 inflow structure?

 

 

16 A. I would say it was during that period, '81

 

 

17 to '85, that I started -- I mean there was some there.

 

 

18 Q. There was some there in '81 when you first

 

 

19 went into the area?

 

 

20 A. I can't tell you the exact date when I

 

 

21 observed. I mean this is -- all numbers I'm giving you

 

 

22 are real approximate. I'd say somewhere between '81

 

 

23 and '85 for that area.

 

 

24 Q. For the two areas that you've testified

 

 

25 cattail was in existence when you first saw them, and

242

 

 

1 that's the southern end along the L-35 and the very

 

 

2 northeast section, is it fair to say that you don't

 

 

3 know how cattail first came into the area?

 

 

4 A. I think, you know, cattail has always been

 

 

5 in the Everglades at one point in time. It's --

 

 

6 they're a native species. It's just they're

 

 

7 proliferating, that is the problem.

 

 

8 Q. Why is cattail proliferation a problem in

 

 

9 your judgment?

 

 

10 A. It's out of balance. It takes away from

 

 

11 the biodiversity of the fauna, the benthic community,

 

 

12 algae communities. It disrupts, basically, the whole

 

 

13 food chain, which extend, basically, to higher trophic

 

 

14 levels.

 

 

15 Q. In what way does the proliferation of

 

 

16 cattail disrupt the whole food chain?

 

 

17 A. Well, basically, when you form a dense

 

 

18 stand of monotypic cattail and there's nothing else, it

 

 

19 tends to shade everything out, light reaching the

 

 

20 water, then you don't have algae production. You don't

 

 

21 have algae production, you don't have benthics. You

 

 

22 don't have benthics, fish don't utilize it as much.

 

 

23 Fish don't utilize it as much, birds don't utilize it

 

 

24 as much. Birds don't utilize it as much, alligators

 

 

25 don't tend to hang out in those areas. They depend on

243

 

 

1 birds a lot for their food, you know.

 

 

2 Q. Have you ever seen fish in a monoculture

 

 

3 of cattail?

 

 

4 A. Yes.

 

 

5 Q. Have you ever seen birds in a monoculture

 

 

6 of cattail?

 

 

7 A. Yes.

 

 

8 Q. Have you ever seen wading birds in a

 

 

9 monoculture of cattail?

 

 

10 A. Yes.

 

 

11 Q. Have you ever seen wading birds feeding on

 

 

12 fish in a monoculture of cattail?

 

 

13 A. No.

 

 

14 Q. Have you ever seen alligators in a

 

 

15 monoculture of cattail?

 

 

16 A. Yes.

 

 

17 Q. Have you ever seen an alligator feeding on

 

 

18 birds in a monoculture of cattail?

 

 

19 A. No.

 

 

20 Q. You indicated previously that Exhibit 10

 

 

21 is a preliminary map. Was a final vegetative map of

 

 

22 the WCA-2A vegetation in the spring of '87 ever created

 

 

23 by someone else?

 

 

24 A. No.

 

 

25 Q. Did you ever calculate the acreages for

244

 

 

1 each of the vegetative classes shown on Exhibit 10?

 

 

2 A. Yes.

 

 

3 Q. Where are those acreages?

 

 

4 A. They were given in a folder.

 

 

5 MR. KOBELINSKI: Just for clarity, is it

 

 

6 one of the folders we marked yesterday, or is it

 

 

7 one that we have not as yet marked?

 

 

8 THE WITNESS: I don't know. I don't

 

 

9 recall if that -- it was in one of those, no.

 

 

10 BY MS. RAEPPLE:

 

 

11 Q. I'll pass that over for the time being,

 

 

12 and perhaps we can find it on a break.

 

 

13 Other than Exhibit 10, have any other

 

 

14 vegetative maps of the WCA-2A been created prior to

 

 

15 your 1991 map?

 

 

16 A. Not that I'm aware of.

 

 

17 Q. Are you aware of all of the remote sensing

 

 

18 imagery that the District has of the WCAs, the

 

 

19 Loxahatchee National Wildlife Refuge and Everglades

 

 

20 National Park?

 

 

21 A. Yes.

 

 

22 Q. Can you tell me what images the District

 

 

23 has of those areas?

 

 

24 A. There's probably hundreds, and I've

 

 

25 provided that in a -- in a document. I'm not going to

245

 

 

1 try to guess all the dates that we have of all those

 

 

2 areas.

 

 

3 Q. In the documents you produced there is a

 

 

4 list of all the remotely sensed data which the District

 

 

5 has?

 

 

6 A. It's basically a listing of the database I

 

 

7 put together describing all the satellite imagery that

 

 

8 the District has in its possession.

 

 

9 Q. Was that a hard copy list, or was it

 

 

10 digitized?

 

 

11 A. It's a hard copy listing. I'm pretty sure

 

 

12 you got that folder.

 

 

13 Q. Do you know Mark Maffei?

 

 

14 A. Yes.

 

 

15 Q. Who is he?

 

 

16 A. He's -- my description of him, he's a

 

 

17 scientist/bureaucrat for the National Park Service and

 

 

18 Water Conservation Area 1 specifically.

 

 

19 Q. Why do you call him a

 

 

20 scientist/bureaucrat?

 

 

21 A. He's -- because he's not a -- he looks at

 

 

22 everything scientifically, but he's involved in the a

 

 

23 lot of the bureaucratic processes that go on. I'm not

 

 

24 sure of all the details of what that means, but I know

 

 

25 that he's not strictly a field biologist.

246

 

 

1 Q. Have you ever spoken with him about remote

 

 

2 sensing?

 

 

3 A. Yes.

 

 

4 Q. Do you know whether he has ever done any

 

 

5 mapping of the Loxahatchee National Wildlife Refuge

 

 

6 using remote sensing?

 

 

7 A. No.

 

 

8 Q. No, he hasn't or no, you don't know?

 

 

9 A. No, I don't know.

 

 

10 Q. Has he ever asked you to assist him in

 

 

11 mapping WCA-1 using remote sensing?

 

 

12 A. No.

 

 

13 Q. Are you aware of any mapping effort for

 

 

14 WCA-1 that is ongoing?

 

 

15 A. Nope.

 

 

16 Q. Do you have any maps of the vegetation in

 

 

17 WCA-1?

 

 

18 A. Yes.

 

 

19 Q. Where are those maps?

 

 

20 A. They're all in digital form.

 

 

21 Q. Are those included in the digitized

 

 

22 records that we have yet to receive?

 

 

23 A. Yes.

 

 

24 Q. How many maps of WCA-1 do you have in

 

 

25 digitized form?

247

 

 

1 A. One.

 

 

2 Q. What year does it represent?

 

 

3 A. I believe it's 1987.

 

 

4 Q. How was that map created?

 

 

5 A. You'd have to ask John Richardson.

 

 

6 Q. Was it created by John Richardson?

 

 

7 A. Yes.

 

 

8 Q. Have you ever discussed with John

 

 

9 Richardson how he created that map?

 

 

10 A. Yes.

 

 

11 Q. What is your recollection of his

 

 

12 methodology based on that conversation?

 

 

13 A. I don't recall the details. What I do

 

 

14 recall is I looked at the finished product and my

 

 

15 observances of Area 1, it looked, from what I know of

 

 

16 the area, it looked good.

 

 

17 Q. When did you look at that map?

 

 

18 A. I look at it periodically since it's been

 

 

19 produced.

 

 

20 Q. When did you first look at it?

 

 

21 A. Oh, probably late 1989, 1990.

 

 

22 Q. How did you look at it, was it hard copy

 

 

23 at that time?

 

 

24 A. Yes.

 

 

25 Q. What happened to that hard copy, do you

248

 

 

1 know?

 

 

2 A. The original hard copy was a promotional

 

 

3 thing that SPOT was using to showcase their satellite

 

 

4 imagery. That's what I saw. I have that in a folder.

 

 

5 I don't think you got that as it was just promotional

 

 

6 stuff by SPOT Corporation.

 

 

7 Q. What else is in that folder?

 

 

8 A. Other people's work that they've done

 

 

9 around the country using SPOT satellite imagery.

 

 

10 Q. Any other maps of the Everglades area?

 

 

11 A. No.

 

 

12 Q. When you say that map looked good based on

 

 

13 what you knew of WCA-1, how well did you know WCA-1?

 

 

14 A. I don't know it as good as Area 2, but

 

 

15 I've flown over it a number of times in the helicopter.

 

 

16 I know what the interior structure is like and what the

 

 

17 outer levee structure is like, and from my personal

 

 

18 observations I thought it was a good reflection of the

 

 

19 area.

 

 

20 Q. When you will say good, can you put a

 

 

21 percent accuracy on that or a range of percent

 

 

22 accuracy?

 

 

23 A. I wouldn't feel comfortable doing that.

 

 

24 Q. How many maps of the Everglades area do

 

 

25 you have in digital form, do you know?

249

 

 

1 A. Can you repeat that question?

 

 

2 Q. How many maps of the Everglades area do

 

 

3 you have in digital form, do you know?

 

 

4 A. The way you asked the question, hundreds.

 

 

5 Q. What was it about the way that I asked the

 

 

6 question that made you answer --

 

 

7 A. You said just digital maps, that means

 

 

8 original satellite imagery.

 

 

9 Q. How many maps of vegetation in the

 

 

10 Everglades area do you have in digital form?

 

 

11 A. I'd say five or six.

 

 

12 Q. What areas are covered by those digital

 

 

13 maps?

 

 

14 A. Keep in mind some of these papers are just

 

 

15 preliminary, but 2, 1, Holeyland, Area 3, and ENR

 

 

16 project.

 

 

17 Q. And all of those vegetation maps will be

 

 

18 in digitized files that we have yet to obtain?

 

 

19 A. Yes.

 

 

20 Q. Were all of those vegetation maps created

 

 

21 using remotely sensed data?

 

 

22 A. No.

 

 

23 Q. Going back to the map that you indicated

 

 

24 John Richardson created of WCA-1, was that created

 

 

25 utilizing SPOT imagery, do you know?

250

 

 

1 A. Yes.

 

 

2 Q. These five or six vegetation maps that you

 

 

3 have in digital form, did you create all of them?

 

 

4 A. No.

 

 

5 Q. Do you know how many vegetation maps you

 

 

6 have of WCA-2?

 

 

7 A. Two

 

 

8 Q. Are those the two we've already discussed

 

 

9 in this deposition?

 

 

10 A. Yes.

 

 

11 Q. How many digital maps of WCA-1 do you

 

 

12 have?

 

 

13 A. One.

 

 

14 Q. Is that the John Richardson map?

 

 

15 A. Yes.

 

 

16 Q. How many digital maps of the Holeyland do

 

 

17 you have? And that's -- excuse me, that's digital

 

 

18 vegetation maps of the Holeyland.

 

 

19 A. There's probably half a dozen.

 

 

20 Q. Did you create all of those vegetation

 

 

21 maps?

 

 

22 A. No.

 

 

23 Q. Do you recall the dates of those maps?

 

 

24 A. I can give you a span of time, 1980 to

 

 

25 current.

251

 

 

1 Q. Who created the earliest of those

 

 

2 vegetation maps, do you know?

 

 

3 A. I believe -- I believe it was the

 

 

4 Department of Transportation.

 

 

5 Q. Who created the subsequent maps, do you

 

 

6 know?

 

 

7 A. Game and Fish and South Florida Water

 

 

8 Management District.

 

 

9 Q. How many have been created by the South

 

 

10 Florida Water Management District?

 

 

11 A. One and one preliminary.

 

 

12 Q. The one that is in final form, what is the

 

 

13 date of that map, do you know?

 

 

14 A. We talked about it yesterday. It's

 

 

15 cattail work.

 

 

16 Q. That was the cattail work where you and

 

 

17 Sue Newman and Les Vilchek flew in a helicopter, all

 

 

18 estimated the coverage of cattail in an area, then you

 

 

19 averaged those estimates --

 

 

20 A. Yes.

 

 

21 Q. -- is that correct? All right.

 

 

22 What about the preliminary map, who

 

 

23 created that?

 

 

24 A. I did.

 

 

25 Q. When was that created?

252

 

 

1 A. I would say it was 12 to 18 months ago.

 

 

2 Q. For what purpose was that created?

 

 

3 A. Basically I was just trying to look at

 

 

4 land patterns and do a preliminary look at the data,

 

 

5 see what I could pull out as far as vegetation, and I

 

 

6 sort of got pulled off to -- onto another project and

 

 

7 never finished.

 

 

8 Q. Was anyone assisting you in that mapping

 

 

9 effort?

 

 

10 A. Les Vilchek.

 

 

11 Q. When I get these digital maps, will the

 

 

12 digitized file indicate which of the maps are final and

 

 

13 which ones are preliminary?

 

 

14 A. No.

 

 

15 Q. I'd have to ask you which ones were

 

 

16 preliminary?

 

 

17 A. Yes.

 

 

18 Q. How far along were you in your vegetation

 

 

19 mapping effort 12 to 18 months ago for the Holeyland?

 

 

20 A. If I recall, I separated some things out,

 

 

21 but basically I wasn't looking to do a final product

 

 

22 with satellite imagery. I wanted to use that as an aid

 

 

23 for using aerial photography.

 

 

24 Q. What kind of aerial photography?

 

 

25 A. We went over this yesterday, but the

253

 

 

1 November, December NASA flight that was flown.

 

 

2 Q. I believe it was in regard to that prior

 

 

3 discussion in yesterday's deposition that you testified

 

 

4 that you believe using aerial photography would be more

 

 

5 accurate. Do you recall that testimony?

 

 

6 A. Yes.

 

 

7 Q. Why do you believe aerial photography

 

 

8 would be more accurate than satellite imagery?

 

 

9 A. Well, this latest effort, if you look at

 

 

10 just the overall map accuracy, you have 81 percent for

 

 

11 this area, which is excellent for this particular work.

 

 

12 Using photography you can probably get up around 95

 

 

13 percent. It's a much more detailed and a longer effort

 

 

14 in producing, but more accurate. But -- never mind.

 

 

15 Q. In this deposition whenever you are

 

 

16 referencing aerial photography, I'm assuming you mean

 

 

17 color infrared aerial photography. Is that a correct

 

 

18 assumption?

 

 

19 A. Yes.

 

 

20 Q. Will you tell me if we start talking about

 

 

21 aerial photography where you're not referencing color

 

 

22 infrared?

 

 

23 A. All I use is color infrared.

 

 

24 (Mr. Green left the room.)

 

 

25

254

 

 

1 BY MS. RAEPPLE:

 

 

2 Q. Okay.

 

 

3 How much vegetation mapping have you

 

 

4 personally done using color infrared photography?

 

 

5 A. I would say right now we have a good

 

 

6 effort going on in the ENR project.

 

 

7 Q. When will that be complete?

 

 

8 A. It's an ongoing project for, from what I

 

 

9 hear, from now till eternity. I'm not told a dead drop

 

 

10 date.

 

 

11 Q. Are you intending to produce a final map

 

 

12 from that ongoing project?

 

 

13 A. There'll be a map produced every three

 

 

14 months, approximately.

 

 

15 Q. Do you know the purpose of creating a map

 

 

16 every three months?

 

 

17 A. To show a trend analysis of the vegetation

 

 

18 communities of 1.

 

 

19 Q. How many of those maps have been generated

 

 

20 to date?

 

 

21 A. None.

 

 

22 Q. When do you project the first map being

 

 

23 complete?

 

 

24 A. Within the next four weeks, three to four

 

 

25 weeks.

255

 

 

1 Q. Who is assisting you in that mapping

 

 

2 effort?

 

 

3 A. Les Vilchek.

 

 

4 Q. Going back to the digital maps that you

 

 

5 have, you indicated that you have some vegetation maps

 

 

6 for WCA-3; is that correct?

 

 

7 A. Right.

 

 

8 Q. How many do you have?

 

 

9 A. Again, it's same as the Holeyland area,

 

 

10 it's preliminary, and same -- it was used for the same

 

 

11 purposes using the NASA aerial photography, just

 

 

12 basically trying to find land patterns.

 

 

13 Q. Is there just one map, vegetation map of

 

 

14 WCA-3?

 

 

15 A. There's really -- at this point there's no

 

 

16 map, it's preliminary data.

 

 

17 Q. How many vegetation maps in digital form

 

 

18 do you have for the ENR project?

 

 

19 A. None.

 

 

20 Q. What other types of digital maps do you

 

 

21 have other than vegetation maps?

 

 

22 A. Boy, I mean does that include graphs

 

 

23 and --

 

 

24 Q. Let me be more specific. Do you have any

 

 

25 digital maps of the Everglades area that show

256

 

 

1 topography?

 

 

2 A. Yes.

 

 

3 Q. Do you have any digital maps of the

 

 

4 Everglades area that show soils?

 

 

5 A. Yes.

 

 

6 Q. Do you have any digital maps of the

 

 

7 Everglades area that show water quality?

 

 

8 A. Not that I recall. I'll take that back,

 

 

9 yes.

 

 

10 Q. What kind of water quality, surface water

 

 

11 or interstitial?

 

 

12 A. What is your definition of those two

 

 

13 terms?

 

 

14 Q. Well, why don't you tell me what kind of

 

 

15 water quality digital maps you have for the Everglades

 

 

16 area?

 

 

17 A. Basically I have all of John Richardson's

 

 

18 data that he did, and some of the things he did was, I

 

 

19 believe, water quality when he went out and collected

 

 

20 samples.

 

 

21 Q. Do you have any digital maps of the

 

 

22 Everglades area that show water depth?

 

 

23 A. Yes.

 

 

24 Q. Are there any other digital maps of the

 

 

25 Everglades area similar to the types we've just

257

 

 

1 described that you have?

 

 

2 A. Not to my knowledge. That doesn't mean

 

 

3 there isn't out of all the time I've been out at the

 

 

4 District.

 

 

5 Q. What about a digital map of fire

 

 

6 locations, do you have any of those?

 

 

7 A. Yes.

 

 

8 Q. In the digitized files that you will be

 

 

9 producing, will all of these digital maps be included?

 

 

10 A. Yes.

 

 

11 Q. Are all of the digital maps that are for

 

 

12 not vegetation maps final maps or are there any -- are

 

 

13 there some preliminary maps in there as well?

 

 

14 A. I don't -- could you repeat that again?

 

 

15 Q. Okay.

 

 

16 When we talked about your digital

 

 

17 vegetation maps you indicated that some of them are

 

 

18 final, some of them are preliminary.

 

 

19 A. Correct.

 

 

20 Q. And that the digitized file will not

 

 

21 indicate which ones are final or preliminary, I'll have

 

 

22 to talk to you about which ones are. Do you remember

 

 

23 that testimony?

 

 

24 A. Right.

 

 

25 Q. Now I'm asking you about these other

258

 

 

1 digital maps, the topographic maps, the soils, the

 

 

2 water quality, the water depths, and fire locations,

 

 

3 are some of those preliminary maps, do you know?

 

 

4 A. I think most of those are final.

 

 

5 Q. Do you know whether any of them are

 

 

6 preliminary?

 

 

7 A. I think those are mostly final. To the

 

 

8 best of my knowledge they're all final.

 

 

9 (Thereupon, a discussion was held off the

 

 

10 record and Mr. Green returned.)

 

 

11 BY MS. RAEPPLE:

 

 

12 Q. Who created topographic digital maps that

 

 

13 you'll be producing?

 

 

14 A. I created one.

 

 

15 Q. Are there any other topographic digital

 

 

16 maps that you'll be producing?

 

 

17 A. Not to my knowledge.

 

 

18 Q. Okay.

 

 

19 Who created the soil digital maps that

 

 

20 you'll be producing?

 

 

21 A. John Richardson.

 

 

22 Q. Do you know how many soil digital maps

 

 

23 you'll be producing?

 

 

24 A. I think that's just one.

 

 

25 Q. Do you know the date of that map?

259

 

 

1 A. It -- I think it was in the period of

 

 

2 around 1987-88.

 

 

3 Q. You indicated that the water quality

 

 

4 digital maps are all John Richardson's; is that

 

 

5 correct?

 

 

6 A. (Shakes head up and down.)

 

 

7 Q. Do you know how many maps there are?

 

 

8 A. No, there's many files.

 

 

9 Q. Do you know what time span they cover?

 

 

10 A. I think it's all around '87, 87-88.

 

 

11 Q. Do you know what area of coverage the

 

 

12 water quality maps are for?

 

 

13 A. Area 1.

 

 

14 Q. All of them?

 

 

15 A. Yes.

 

 

16 Q. What about the soils map, what area is

 

 

17 covered by that map?

 

 

18 A. Area 1.

 

 

19 Q. What about the topographic map that you

 

 

20 created, what area is covered by that?

 

 

21 A. Holeyland.

 

 

22 Q. When did you create that map?

 

 

23 A. I'd say approximately three months ago.

 

 

24 Q. For what purpose?

 

 

25 A. It's one of the parameters to be looked as

260

 

 

1 for the reason why cattail has expanded so rapidly

 

 

2 within that area.

 

 

3 Q. What methodology did you utilize to create

 

 

4 that topographic map?

 

 

5 A. I was provided information from Game and

 

 

6 Fish of 196 points evenly -- pretty evenly distributed

 

 

7 through out the area. I took that data and created a

 

 

8 TIN and then created a contour from that within

 

 

9 ARC/INFO.

 

 

10 (Thereupon, a discussion was held off the

 

 

11 record.)

 

 

12 BY MS. RAEPPLE:

 

 

13 Q. How many water depth digital maps will you

 

 

14 producing?

 

 

15 A. Well, if -- the way that I work, if you

 

 

16 know the elevations and you have water, you can produce

 

 

17 water depth maps basically if you know the bottom

 

 

18 contour and you know how deep it is. So maybe many. I

 

 

19 have, you know --

 

 

20 Q. When you say many, would that require the

 

 

21 merging of two databases to create a water depth map?

 

 

22 A. The one I will be providing is one by --

 

 

23 Game and Fish gave us.

 

 

24 Q. What was the area of coverage for that

 

 

25 map?

261

 

 

1 A. The Holeyland.

 

 

2 Q. What is the date of that map?

 

 

3 A. I would say sometime in 1993.

 

 

4 Q. Do you know why that water depth map for

 

 

5 the Holeyland was created?

 

 

6 A. I think they were concerned that the --

 

 

7 that we didn't have a good handle on the water depths

 

 

8 within that area. That's just one more parameter to

 

 

9 look at in trying to figure out why cattail established

 

 

10 so rapidly within that area.

 

 

11 Q. Do you know why the Game and Freshwater

 

 

12 Fish Commission felt the District doesn't have a good

 

 

13 handle on water depths in the area?

 

 

14 A. No.

 

 

15 Q. How many fire location digital maps will

 

 

16 be produced?

 

 

17 A. One.

 

 

18 Q. What is the area of coverage for that map?

 

 

19 A. Holeyland.

 

 

20 Q. When was that produced?

 

 

21 A. Basically it shows muck fires from 1990 to

 

 

22 present, I believe.

 

 

23 Q. Who created that map?

 

 

24 A. I guess I did.

 

 

25 Q. Where did you obtain the data to create

262

 

 

1 that map?

 

 

2 A. Game and Fish.

 

 

3 Q. You testified that you created a

 

 

4 topographic map of the Holeyland using the 196 points

 

 

5 of data given to you by the Game and Freshwater Fish

 

 

6 Commission. Did you make any attempt to ground truth

 

 

7 that topographic map?

 

 

8 A. No.

 

 

9 Q. Do you know whether anyone has?

 

 

10 A. I -- I have, to a point, looking at an old

 

 

11 survey. It's not that old, but a survey that was done

 

 

12 in the Holeyland on ground survey, and I looked at

 

 

13 those numbers and -- to see if they were reasonable.

 

 

14 Q. What -- were you able to form a judgment

 

 

15 as to the accuracy of the topographic map that you

 

 

16 created?

 

 

17 A. Yeah, I think it's an excellent

 

 

18 representation of -- topographically of that area.

 

 

19 That's a lot of points to have work with in creating a

 

 

20 topographic map.

 

 

21 (Mr. Green left the room.)

 

 

22 BY MS. RAEPPLE:

 

 

23 Q. Could you estimate the percent accuracy of

 

 

24 that mapping effort?

 

 

25 A. No.

263

 

 

1 Q. How did you come into possession of all of

 

 

2 these digital maps that you've described?

 

 

3 A. All the digital maps that I've described?

 

 

4 Q. Yes. Or, in other words, are you the

 

 

5 District custodian for digital maps?

 

 

6 A. No.

 

 

7 Q. Who is the custodian for the digital maps?

 

 

8 A. Everyone at the District.

 

 

9 Q. So that there is no single entity that's

 

 

10 in control of all the digital maps at the District?

 

 

11 A. (No response.)

 

 

12 Q. Is there any index of all the digital maps

 

 

13 that exist at the District?

 

 

14 A. Not that I know of. That would be nice.

 

 

15 Q. Do you know whether any of the witnesses

 

 

16 testifying in this proceeding will be relying on any of

 

 

17 the digital maps that you have in your files?

 

 

18 A. Can you repeat that again?

 

 

19 Q. Do you know whether any of the witnesses

 

 

20 testifying in this proceeding will be relying on any of

 

 

21 the digitized maps from your files?

 

 

22 A. I'm not sure.

 

 

23 Q. Do you have any digital maps on soil

 

 

24 phosphorus in the Everglades area?

 

 

25 A. Yes.

†⁄漠祯甠桡癥⁡湹⁤楧楴慬慰猠潮⁳潩氍਍ਠ†††′㐠††灨潳灨潲畳⁩渠瑨攠䕶敲杬慤敳⁡牥愿ഊഊ††††㈵††††††䄮††奥献ഊ‌†††††††††††††††††††††††††††††††††′㘴ഊഊ††††‱††††††儮††䡯眠浡湹

264

 

 

1 Q. How many of those do you have?

 

 

2 A. Well, two that I know of.

 

 

3 Q. Who created those maps?

 

 

4 A. John Richardson and --

 

 

5 Q. What -- oh, excuse me, were there other

 

 

6 authors?

 

 

7 A. No.

 

 

8 Q. John Richardson created both of those

 

 

9 digital maps?

 

 

10 A. No, John Richardson and John Jensen.

 

 

11 Q. What area of coverage is the John

 

 

12 Richardson soil phosphorus map?

 

 

13 A. Area 1.

 

 

14 Q. What area of coverage is the soil

 

 

15 phosphorus map created by John Jensen?

 

 

16 A. Area 2.

 

 

17 Q. Do you know the date of the John

 

 

18 Richardson Area 1 map?

 

 

19 A. I think it's '87, '88.

 

 

20 Q. Do you know the date of John Jensen Area 2

 

 

21 soil phosphorus map?

 

 

22 A. I believe it was '92 or '93 data.

 

 

23 Q. Where did John Jensen get that '92 or '93

 

 

24 soil phosphorus data, do you know?

 

 

25 A. Marguerite Koch.

265

 

 

1 Q. Do you know whether either of those maps

 

 

2 are preliminary in form or whether they're both final?

 

 

3 A. I think they're both final products.

 

 

4 Q. If the Water Management District was

 

 

5 coordinated with Mark Maffei on the creation of a WCA-1

 

 

6 map, who would be doing that coordination, do you know?

 

 

7 A. Can you say that again?

 

 

8 (Thereupon, Messrs. Fitzgerald and Soukup

 

 

9 joined the deposition.)

 

 

10 BY MS. RAEPPLE:

 

 

11 Q. If the District were coordinated with Mark

 

 

12 Maffei to create a WCA-1 map, who would be doing that

 

 

13 coordinating on behalf of the District, do you know?

 

 

14 A. I'm not sure.

 

 

15 Q. But you're not doing any such

 

 

16 coordination; is that correct?

 

 

17 A. No.

 

 

18 Q. I can't recall if I asked you this,

 

 

19 forgive me if I'm repeating myself.

 

 

20 Are you able to place any percentage of

 

 

21 accuracy on Exhibit 10?

 

 

22 A. No.

 

 

23 Q. Are you able to place a range of

 

 

24 percentage for accuracy of Exhibit 10?

 

 

25 A. No.

266

 

 

1 (Mr. Green returned.)

 

 

2 BY MS. RAEPPLE:

 

 

3 Q. When I get the digital maps that you've

 

 

4 described, will the date of the data used to create

 

 

5 those maps be included in the digitized file?

 

 

6 A. The only way it might be included is if

 

 

7 it's printed on the map.

 

 

8 Q. On the hard copy map?

 

 

9 A. Or what you're viewing digitally on the

 

 

10 screen.

 

 

11 (Mr. Downing left.)

 

 

12 BY MS. RAEPPLE:

 

 

13 Q. Do you know whether all of the digital

 

 

14 maps will have a date on them?

 

 

15 A. I think a lot of them won't.

 

 

16 Q. Will there be any way to determine the

 

 

17 date of the data used to create those maps for which no

 

 

18 date is shown?

 

 

19 A. Probably not.

 

 

20 Q. Would you know the date of the data used

 

 

21 to create those maps?

 

 

22 A. The ones I produced.

 

 

23 Q. Do you know the date of the data used to

 

 

24 create the one preliminary map for WCA 3?

 

 

25 A. May 1992.

267

 

 

1 Q. Do you know the date of the data used to

 

 

2 create the one preliminary map of the Holeyland that

 

 

3 you created?

 

 

4 A. May 1992.

 

 

5 Q. Do you know the date of the data used for

 

 

6 John Richardson to create the WCA-1 map?

 

 

7 A. April 1987.

 

 

8 Q. For the two WCA-2 maps that you created, I

 

 

9 believe we've already discussed this in deposition, the

 

 

10 date of that data, haven't we?

 

 

11 A. Yes.

 

 

12 Q. Okay.

 

 

13 And you said there will be no digital maps

 

 

14 on the ENR project; is that correct?

 

 

15 A. No. Yes, that's correct.

 

 

16 Q. How are the vegetation maps that are going

 

 

17 to be produced every three months for the ENR project

 

 

18 being created? What is the methodology you and Les

 

 

19 Vilchek are using?

 

 

20 A. They're being flown at two different

 

 

21 scales, one 6,000, one at 36,000. We're having

 

 

22 1:36,000 digitally scanned into the computer and

 

 

23 creating -- we're rectifying that imagery and using it

 

 

24 as -- and making a hard copy output and using it as a

 

 

25 base map on a zoom transfer scope -- zoom transfer

268

 

 

1 scope, it's a stereoscope. And we're actually looking

 

 

2 at the photography stereoscopically and drawing on a

 

 

3 Mylar overlay over the base map the boundaries of

 

 

4 signatures that we see. And we go out in the field and

 

 

5 we determine what those boundaries are on the ground.

 

 

6 Take that map, that base map once we have all the

 

 

7 ground truth information, and digitize it into ARC/INFO

 

 

8 to create a final map.

 

 

9 Q. How is the 1:6,000 aerial photography

 

 

10 used?

 

 

11 A. It's what we're actually using to

 

 

12 delineate what we're seeing in the area.

 

 

13 Q. So the stereoscopic analysis is done on

 

 

14 1:6,000?

 

 

15 A. Yes.

 

 

16 Q. Who is doing the stereoscopic analysis?

 

 

17 A. Les Vilchek and myself.

 

 

18 Q. What training do you have in stereoscopic

 

 

19 analysis?

 

 

20 A. I have no training, but it's not that --

 

 

21 it's not that difficult of a task. I believe just

 

 

22 about anybody could do it.

 

 

23 Q. Is the stereoscopic analysis for the

 

 

24 purpose of identifying vegetation species?

 

 

25 A. Or mixed communities.

269

 

 

1 Q. You said that during the stereoscopic

 

 

2 analysis you draw boundaries on the map or on Mylar

 

 

3 over the base map; is that correct?

 

 

4 A. Right.

 

 

5 Q. Are those the boundaries between two

 

 

6 signatures?

 

 

7 A. Yes.

 

 

8 Q. And then when you go in the field, do you

 

 

9 ascertain what is within those boundaries or do you

 

 

10 simply verify what you thought you saw in the

 

 

11 stereoscopic analysis?

 

 

12 A. You ascertain what you believe that

 

 

13 signature to be. You go out in the field and you

 

 

14 ground truth it.

 

 

15 Q. Talk me about me a little bit about the

 

 

16 ground truthing. Do you do it in a helicopter or in an

 

 

17 air boat?

 

 

18 A. So far it's been air boat.

 

 

19 Q. How do you locate -- when you are on the

 

 

20 ground do you use GPS?

 

 

21 A. Nope.

 

 

22 Q. How do you locate where you are on the

 

 

23 ground?

 

 

24 A. At a 1:6,000 scale I could see something

 

 

25 probably size of that folder there, so I could go

270

 

 

1 pretty much anywhere I want in that area looking at

 

 

2 that photography, know exactly where I'm at.

 

 

3 Q. You could see something about 10 inches by

 

 

4 14 inches?

 

 

5 A. Well, let's say -- let's say 18 by 18.

 

 

6 That's being conservative.

 

 

7 Q. What kind of things do you see in the

 

 

8 1:6,000 that are 18 by 18 inches or larger that help

 

 

9 you position yourself on the ground?

 

 

10 A. I'm not looking for things that are 18 by

 

 

11 18. I'm just looking for general patterns. I'm

 

 

12 telling you that you can go -- 1:6,000, it's a real

 

 

13 luxury to work with. I can go anywhere I want in the

 

 

14 photography and know where I'm at, it's very simple.

 

 

15 Q. With what level of precision can you

 

 

16 locate yourself on the ground using 1:6,000 aerials?

 

 

17 A. If you mean from the point of view when

 

 

18 I'm looking at that photo I go to the signature and I

 

 

19 go there and standing on, looking at the photo, I'm

 

 

20 looking around, I'd say a hundred percent.

 

 

21 Q. Can you locate yourself within some number

 

 

22 of meters using that methodology?

 

 

23 A. Well, after you go back and you transfer

 

 

24 it to the base map you know within a certain number of

 

 

25 meters where you were.

271

 

 

1 Q. Explain that to me.

 

 

2 A. Well, when you see a raw photo out in the

 

 

3 field, it's not any real world map projection, it's

 

 

4 just a raw photo. So I go out in the field, I go to a

 

 

5 location, the signature polygon region that I'm

 

 

6 uncertain, I go there, we determine what it is, we mark

 

 

7 it, we go back. Now put it to the base map, and the

 

 

8 base map has been rectified so I can transfer what I'm

 

 

9 seeing on the photo on that base map if it's rectified.

 

 

10 I now have a location of where that area is at.

 

 

11 This is all state of the art

 

 

12 photogrammetric -- I'm not inventing the wheel here.

 

 

13 It's been used since 1920, 1900's. I mean it's there's

 

 

14 volumes and volumes of books written on it, I'm not

 

 

15 doing anything out of the ordinary here.

 

 

16 Q. How small of a signature area are you able

 

 

17 to map using that methodology?