Document gbZwkZM6ODzoM7veZQwMkDrmL

ANTONIA TOLBERT, et al MONSANTO COMPANY, et al. CRAIG BRANCHFIELD, VOL. II July 22, 2003 REAGAN REPORTERS, LLC Phone: 334.262.7556 Fax: 334.262.4437 www.ReaganReporters.com ADAD21 -008101 HARTOLDMON0038979 CRAIG BRANCHFIELD, VOL. II 7/22/2003 Page 1 Page 3 1 IN THE UNITED STATES DISTRICT COURT FOR 2 THE NORTHERN DISTRICT OF ALABAMA 3 SOUTHERN DIVISION 4 ANTONIA TOLBERT, et al,, 5 Plaintiffs, CIVIL ACTION NO. 6 vs. CV-01-C-1407-S 7 MONSANTO COMPANY; 8 PHARMACIA INC., and 9 SOLUTIA, INC., 10 Defendants. 11 ****** 12 DEPOSITION OF CRAIG BRANCHFIELD 13 VOLUME II, 14 taken pursuant to notice and stipulation 15 on behalf of the Plaintiffs Antonia 16 Tolbert, et al., in the Law Offices of 17 Lightfoot, Franklin & White, The Clark 18 Building, 400 20th Street North, 19 Birmingham, Alabama, before Angela Abbott 20 Blankenship, Certified Shorthand Reporter 21 and Notary Public in and for the State of 22 Alabama at Large, on July 22,2003, 23 commencing at 10:00 a.m. 1 STIPULATIONS 2 It is stipulated and agreed by 3 and between counsel representing the 4 parties that the deposition of CRAIG 5 BRANCHFIELD may be taken before Angela 6 Abbott Blankenship, Certified Shorthand 7 Reporter and Notary Public in and for the 8 State of Alabama at Large, without the 9 formality of a commission; and all 10 formality with respect to other j 11 procedural requirements is waived; that 12 objections to questions, other than 13 objections as to the form of the question j 14 need not be made at this time, but may be 15 reserved for a ruling at such time as the 16 deposition may be offered in evidence or 17 used for any other purpose by either 18 party as provided by the Federal Rules of 19 Civil Procedure. 20 It is further stipulated and 21 agreed by and between the parties hereto 22 and the witness, that the signature of 23 the witness to this deposition is hereby Page 2 Page 4 1 APPEARANCES 2 1 waived. 2 **** 3 FOR THE PLAINTIFF: 3 INDEX 4 FRANK DAVIS, ESQUIRE 4 5 DAVIS & NORRIS 5 EXAMINATION PAGE 6 One Highland Place 6 By Mr. Davis..................... 5 7 2151 Highland Avenue, Suite 100 7 8 Birmingham, Alabama 35205 8 (No exhibits were marked or offered to 9 ROBERT B. RODEN, ESQUIRE 10 Shelby, Roden & Cartee 9 this deposition.) 10 ******** 11 2956 Rhodes Circle 11 CRAIG BRANCHFIELD, of lawful 12 Birmingham, Alabama 35205 12 age, having first been duly sworn. 13 FOR THE DEFENDANTS: 13 testified as follows: 14 JACKSON R. SHARMAN, m, ESQUIRE 14 EXAMINATION 15 Lightfoot, Franklin & White, L.L.C 15 BY MR DAVIS: 16 The Clark Building 16 Q. Mr. Branchfield, we have taken your 17 400 20th Street North 17 deposition before in this case and this 18 Birmingham, Alabama 35203-3200 18 is a continuation of that deposition on 19 WILLIAM J. CURTIS, ESQUIRE 19 certain subjects related to a 30(b)(6) 20 Husch & Eppenberger, LLC 20 notice and there have been some -- I've 21 190 Carondelet Plaza, Suite 600 21 gotten some CDs that have been produced 22 St Louis, Missouri 63105-3441 23 4c * * * * * 22 by the defendants that I will just hand 23 across the table to you and ask you if, | j 334.262.7556 1 (Pages 1 to 4) Reagan Reporters, LLC www.reaganreporters.com 1.888.662.7556 ADAD21 <008102 HARTOLDMON0038980 CRAIG BRANCHFIELD, VOL. II - 7/22/2003 Page 5 Page 7 ] 1 in general, you can identify what those 1 greater than ten parts per million in 2 photographs are. We're going to go 2 some portion of the soils in that yard j 3 through them in a moment, but in general, 3 and under the terms of the AOC, we 4 do you know that there have been some 4 agreed, and with the permission ofthis 5 photographs sent by your side of the case 5 property owner, of course, we have agreed 6 to my side ofthe case? 6 to come in and remove that material. 7 A. Yes. 7 Q. And do all the properties we're 8 Q. All right, and can you tell me, in 8 going to see on these CDs, did all of 9 general, what those photographs relate . 9 them have over ten parts? 10 to? 10 A. Residential properties, yes. 11 A. In general, those photographs relate 11 Q. So any time we see a residential 12 to remediation work that we've done in 12 property on here, it would be a piece of 13 the Anniston and Oxford areas, 13 property that was tested and found to 14 specifically areas where we've found 14 have more than ten parts per million 15 indications ofwaste materials that may 15 PCBs? 16 have come from sources other than 16 A. Yes, assuming -- ifthe residential 17 Monsanto. 17 properties on these does match what's on 18 MR. SHARMAN: Let me get this 18 here, that would be correct, yes. j 19 on the record: I know Mr. 19 Q. Right. We were at the, I guess, the j 20 Branchfield was deposed as 20 first one that appears on this CD. We've f 21 an individual before. 21 got a little backhoe out here and who are I 22 This deposition is a 22 these folks out here doing the work? 1 23 30(b)(6) pursuant to your 23 A. These are contractors that are 1 Page 6 Page 8 1 1 notice. Ifhehasan 1 working for Solutia conducting the 1 2 opinion about something, I 2 removal. 1 3 don't mind you asking him, 3 Q. Are you using the same group of j 4 but this is a corporate 4 contractors on all ofthe removal sites? j 5 deposition and Mr. 5 A. To date, yes. j 6 Branchfield is a 6 Q. Okay, and who is that? 1 7 corporate representative. 7 A. Two companies primarily. One is 1 8 Q. I tell you what I would like to do 8 called Allen Hall Excavation and the j 9 first, let's just look at some ofthe 9 other company's name, I believe, is SEA. I 10 photographs because maybe you can help me 10 Q. And where are they out of? j 11 identify them. Can you tell me what's 11 A. Well, Allen Hall is out of the J 12 going on at this house, and we're going 12 Anniston area. I believe SEA is also out 8 13 to have a hard time identifying the 13 ofthe Anniston area, but I know they do 1 14 pictures, but the best we can do, I 14 a lot ofwork in the southern portion of 1 15 suppose, is there is a date on the bottom 15 Alabama so they may also have an office I 16 right-hand portion ofApril 21, 2003 and 16 down there. I 17 it appears to be a brick and frame house 17 Q. Is there any distinction between 1 18 with kind of brownish brick on it. 18 when you use one company and when you use 1 19 A. Right. This is a home that we would 19 the other? j 20 have conducted a removal action under our 20 A. No, it's simply a matter of workload I 21 administrative order on consent that we 21 that we have. Ifthings are relatively 1 22 have signed with the EPA. Specifically, 22 slow, we'll use Allen Hall. If we have a J 23 this property would have contained 23 lot of work going on, we may need to j 334.262.7556 Reagan Reporters, LLC www.reaganreporters.com 1.888.662.7556 2 (Pages 5 to 8) ADAD21 -008103 HARTOLDMON0038981 CRAIG BRANCHFIELD, VOL. II - 7/22/2003 Page 9 Page 11 1 bring SEA to help supplement our 2 resources in the field. 3 Q. AH right, and do you remember 4 anything in particular about this house 5 with regard to what the levels of PCBs 6 were? 7 A. Nothing specific other than they 8 would have been greater than ten parts 9 per million. 10 Q. Is there anything in that picture 11 that relates to fill materials or foundry 12 sand or anything like that? 13 A. Based on looking at the picture, 14 there's two things that would -- well, at 15 least two things and maybe some others 16 will come to mind. First of all, this 17 property is located down in Oxford and 18 it's located in an area that is well 19 outside the area that we believe could 20 have potentially received waste materials 21 from Monsanto's prior historical 22 manufacturing operations. 23 More specifically, it's outside 1 front of me, I can only be so specific, ` 2 but the other properties in the vicinity 3 of this one, and when I say in the 4 vicinity, next-door neighbor or across 5 the street, they did not contain levels 6 of PCBs in their yards greater than ten 7 parts per million. If something like 8 this was due to an air deposition 9 pathway, you wouldn't expect it to just 10 land on one property. You would expect 11 it to be fairly consistent over generally 12 a wide area. 13 And then the third thing with 14 respect to the air pathway on this 15 property is this property is about five 16 miles away from the current Solutia 17 facility, the former Monsanto facility 18 and is not in the direction of prevailing 19 winds. In fact, it's on the other side 20 of a mountain, so the possibility of PCBs 21 being on this property due to an air 22 pathway, to me, there is no possibility. 23 Q. What's this in the background back Page 10 Page 12 1 the flood plain of Snow Creek. This 2 particular property sits high up on a 3 hill. Ifs probably at least a quarter 4 of a mile away from the creek and is well 5 outside the flood plain of the creek so 6 that, to us, is a very strong indication 7 that the material on this property, the 8 PCBs on this property were not a result 9 of discharges from Monsanto's facility. 10 Somebody had to physically take this 11 material and put it on this property. It 12 didn't get there by flooding. Now, the 13 other indication I have -- 14 Q. Thafs because you don't believe in 15 airborne PCBs? 16 A. No, I believe in airborne PCBs. I 17 do not believe that there are PCBs in the 18 air that are resulting in any significant 19 deposition on the property, certainly not 20 at the levels which we're doing any 21 cleanup. 22 And more specifically, on this 23 property, and without having the data in 1 here? 2 A. Are you talking about that kind of 3 light colored? 4 Q. Yes. 5 A. I couldn't tell you for sure. It 6 may be Highway 78 which is a main road 7 that runs through there. That would be 8 in at that direction, but it's not a 9 waterway. 10 Q. Is it along Highway 78, this piece 11 ofproperty? 12 A. This neighborhood is bordered by 13 Highway 78 to the north. 14 Q. How far from Snow Creek is it? 15 A. This property, probably, I would 16 estimate, about a quarter of a mile from 17 Snow Creek. Snow Creek would lie to the 18 west of this property. 19 And the other thing, if I could 20 finish answering your initial question 21 about the indications of foundry material 22 on this property was the color ofthe 23 soil. You would note from that photo 334.262.7556 3 (Pages 9 to 12) Reagan Reporters, LLC www.reaganreporters.com ' 1.888.662.7556 { ADAD21 -008104 HARTOLDMON0038982 CRAIG BRANCHFIELD, VOL. II 7/22/2003 Page 13 Page 15 1 that the soil was very, very dark. 2 Q. Which photo, I'm sorry? 3 A. The previous photo. I'm sorry. I 4 was trying to finish answering your 5 original question. 6 Q. Sure. 7 A. You can see that that soil is very 8 dark. It's very dark brown, almost black 9 material. Native soils in this area of 10 Alabama are typically native clays. 11 They're a much lighter brown color, once 12 again, suggesting that this is material 13 that was placed there and is not soils 14 native to this area. 15 Q. Well, do you think they went over to 16 Mississippi and got this soil to bring 17 there? 18 A. I cant tell you specifically where 19 they got it. What I can tell you is it's 20 not native soils for this area of 21 Alabama. It's not native Alabama red 22 clay which is what we typically call it. 23 Q. Typically, when people put in fill 1 and they would separate it into ferrous 2 materials, basically iron-based 3 materials, and nonferrous which were 4 metals that were not iron-based in nature 5 and then nonmetallic materials which was 6 generally called the fluff materials. 7 just the stuff they had no use for. 8 And this fluff material, when 9 you look at different reports that were 10 written by pilot studies done by die EPA, 11 some studies done by a gentleman named 12 Dr. Scrudato who did some work in this 13 area as well as some reports we've seen 14 written by some of the foundries in the 15 area, what you find is that this fluff 16 material was the consistency and had an 17 appearance of soil and this is the type 18 of material that would be hauled around 19 Anniston and, in this case, Oxford and 20 given to property owners to use as fill 21 material in their hard. 22 Q. Well, surely, it's possible to 23 analyze something and tell whether it's 1 j I 1 j 1 1 Page 14 1Page 16 1 material at a residential home, don't 2 they typically bring it from the shortest 3 possible distance away because of the 4 cost of hauling? 5 A. Sure, I wouldn't disagree with that. 6 Q. So even if it's fill material, 7 wouldn't it be your assumption that it 8 came from somewhere pretty close by? 9 A. Yes. 10 Q. So explain to me again how it can 11 not look like it came from close to 12 there. 13 A. Well, it's not necessarily -- all 14 I'm saying is that ifs not a native 15 Alabama red clay. I'm not saying it's 16 not a soil type material. For example. 17 we're talking specifically about 18 foundries. We know that the waste 19 materials from foundries there is this 20 material called a fluff. It was a ' 21 byproduct ofthe shredding process. 22 Basically, the foundries would 23 take scrap metal, they would shred it. 1 fluff or soils? 2 A. I don't know if ifs possible to: 3 analyze and differentiate between fluff I 1 1 4 and soil or not j 5 Q. You don't have any idea what this is * I 6 then in this yard? -1 7 A. No, I couldn't tell you specifically 1 8 in that yard, no. What I can tell you is j 9 it does not have the appearance of native 10 , Alabama red clay that you would find on 1 1 11 many ofthese properties. j 12 Q. Isn't there a lot of different 13 variations in soil naturally in the 14 Anniston area other than what you would 15 refer to as native red clay? 16 A. No, I wouldn't say that there's a 17 lot of variation. I mean, When you look .. 18 at the geology of Anniston, typically, . 19 and I will grant that there are 20 exceptions, but typically, the overburden 21 or the soil layer on top of the bed rock . 1 22 is this red Alabama clay. 23 Q. Foundries were located in Anniston | 1 334.262.7556 Reagan Reporters, LLC www.reaganreporters.com 1.888.662.7556 4 (Pages 13 to 16) ADAD21-008105 HARTOLDMONOQ38983 CRAIG BRANCHFIELD, VOL. II - 7/22/2003 Page 17 Page 19 1 why? 2 A. I'm sorry? 3 Q. Why were the foundries initially 4 located in Anniston? 5 A. Well, my understanding, based on 6 just looking through some or a, I should 7 say a historical document on the foundry 8 industry in the United States was that in 9 Anniston, there were significant iron ore 10 deposits. 11 Q. Does there soil vary where there are 12 iron ore deposits from where there are 13 not iron ore deposits? 14 A. I don't know. 15 Q. Is it a different color where you 16 have iron ore deposits versus where you 17 don't have iron ore deposits? 18 A. I don't know. 19 Q. Do they also locate it there because 20 they have limestone available? 21 A. I don't know whether that was a 22 reason or not for the foundries also 23 being located there. 1 limestone for a second. In an area where 2 limestone formations exist, isn't it 3 correct that the typical soil found in or 4 near limestone deposits is not normal 5 Alabama red clay? 6 A. I'm not aware of that to be true, 7 no. ' 8 Q. You don't have any idea one way or 9 the other then, do you? 10 A. What I can say is -- 11 Q. Do you, sir, have any idea one way j 12 or the other? ] 13 MR. SHARMAN: About what? I'm j 14 sorry. 15 Q. About whether the typical soil found 16 around a limestone quarry or around where 17 limestone formations exist is typical 18 Alabama red clay or not? 19 A. I see no reason why it wouldn't be 20 typical Alabama red clay. 21 Q. My question to you, sir, is do you 22 have any idea one way or another? If 23 you're just guessing, you can guess, but Page 18 Page 20 1 , Q. Well, where limestone is available. 2 is the soil a different color than where 3 you have native Alabama red clay? 4 A. For both limestone ~ I mean what 5 you're talking about now is different 6 materials. Iron ore, you're talking 7 about an ore which is more in a rock. 8 Ifs something you would find more in a 9 rocky-type of material. 10 Q. When I get close -11 MR. SHARMAN: Wait a second. 12 A. IfI could finish the question. And 13 the same with limestone. It's not a soil 14 material, so when I'm talking soils. I'm 15 talking about material that you can grow 16 stuff in. You cannot grow stuff in 17 limestone. You can't grow plants in 18 limestone. You can't grow plants in iron 19 ore. I'm talking about an overburden 20 material. The soil type material is 21 clay. 22 Q. Well, let's get back to my limestone 23 for a moment. Let's just deal with 1 tell me it's a guess. 2 A. I'm telling you that soils that 3 would be found in the vicinity of a 4 limestone quarry, you would expect, in 5 this area, to be typical Alabama red 6 clay. . 7 Q. All right, fine. Now, around where 8 coal deposits are normally found, in an 9 area around that, would you say the same 10 thing around that, typical Alabama red 11 clay? 12 A. I'm not aware of any coal deposits 13 being in the area. H Q. Gere^al question. General question. 15 Where coal deposits are found, typical 16 Alabama red clay or not? _ 17 A. I'm saying that Alabama red clay is - 18 prevalent throughout the area and that in 19 most locations, that is typically what 20 you'll find. Now, ifyou're asking me -- 21 Q. Sir, if you know the answer to my 22 question? 23 A. I'm trying to answer your question. | 334.262.7556 5 (Pages 17 to 20) Reagan Reporters, LLC www.reaganreporters.com 1.888.662.7556 l \ ADAD21 -008106 HARTOLDMON0038984 CRAIG BRANCHFIELD, VOL. II - 7/22/2003 Page 21 Page 23 j 1 Q. I'm not asking - I'm asking you 2 right now, in areas where coal deposits 3 are found, is the soil around and near 4 where the coal seams are typical Alabama 5 red clay or not? 6 A. Yes, in the vicinity of an area 7 where you would find coal, I assume you 8 would find typical Alabama red clay. 9 Q. And in an area where iron ore 10 deposits are found, would you find 11 typical Alabama red clay, same kind of 12 color, same kind of look as regular old 13 Alabama red clay? 14 A. Yes, in the vicinity of iron ore 15 deposits in this area of Alabama, I would 16 expect you would find some typical 17 Alabama red clay. 18 Q. So is it correct that you would be 19 ofthe view that anywhere you went in 20 Calhoun County that the soil would be 21 what you would call typical Alabama red 22 clay? 23 A. Ifthey are native soils, yes. And 1 remediation being done at this particular 2 house, how deep did you go? Tell me, 3 what are you doing there? Tell me how 4 it's being remediated. 5 A. Well, what we do is, basically, we 6 go in and we remove the upper foot of 7 soil from that yard and that upper foot 8 on this particular property and other 9 properties, the depth is defined by the 10 criteria in the AOC which is anything 11 above ten parts per million basically 12 gets removed, and in this case, the 13 material greater than ten was only in the 14 upper foot of soil. 15 When we tested it from one foot 16 to two feet, I don't know what the 17 specific results were, but they were 18 below ten parts per million. As far as 19 the actual removal, once we get. 20 obviously, permission ofthe property 21 owner and get the EPA's approval, I guess 22 for lack of a better term, of 23 specifically what the removal will be, we j j J j i f j j Page 22 Page 24 1 1 when I say native, I mean soils that have 2 not been disturbed, moved around, used in 3 any sort of way, just stuff that is 4 naturally occurring soil is in the 5 overburden in the upper, whatever depth 6 that may be, depending on the location is 7 going to be typical Alabama red clay, 8 yes. . 9 Q. Okay, and down to how far? What do 10 you mean? I want to be fair when I go 11 out and try to put some -- 12 A. All I can specifically say is 13 typically in Northeast Alabama, and 14 that's about as specific as I can get 15 because that's - when we look at geology 16 as part of our remediation, when we talk 17 about general geographic features, that's 18 what we talk about, is this typical clay 19 layer you see, and call it overburden 20 above the bed rock in this area of 21 Alabama, so I would call it regional for 22 lack of a better term. 23 Q. All right, with regard to the 1 will then mobilize a crew in the field. 2 and that's what you see here, which is 3 basically a couple of guys, an excavation J 4 contractor will come in and they'll ~ I 5 remove the material from that portion of - 1 6 the yard that contained PCBs above that j 7 cleanup level by excavating it out, by | 8 digging it out. .1 9 Now, there are certain setbacks 1 10 to avoid any structural damage to the J 11 house, any structural damage to 1 12 driveways, any damage to trees that might 1 13 be located on the properly that the 1 14 property owner doesn't want removed. 15 which is why you see a tree still 16 standing in the middle of the yard here. 17 And that material is removed, it's placed 18 in roll-off containers which is the green 19 box you see on the right ofthe picture, 20 and that material is typically taken to a 21 landfill that is licensed to accept 22 material of this nature and the specific 23 landfill is dependent on the levels of 334.262.7556 Reagan Reporters, LLC www.reaganreporters.com 1.888.662.7556 6 (Pages 21 to 24) ADAD21 -008107 HARTOLDMON0038985 CRAIG BRANCHFIELD, VOL. II - 7/22/2003 Page 26 Page 27 1 PCBs we've detected in the soil. 1 somebody's back door? 2 Q. Between ten and fifty parts per 2 MR. SHARMAN: Object to form. 3 million, where is it taken? 3 You can answer. 4 A. Between ten and fifty, the material 4 A. In accordance with the work plan, we 5 is typically taken to a landfill owned by 5 are allowed to leave material containing 6 waste management out in Piedmont, Alabama 6 PCBs in those defined setback areas, yes. 7 which is just north of Anniston. 7 Q. Which, I suppose, would include 8 Q. And you have talked about setbacks. 8 within two feet of the back door because 9 Over here by this house, for example, the 9 you wouldn't get close to the foundation 10 shrubs around the edge ofthe house seem 10 and closer to a couple feet from there; 11 to be left there and is that because 11 correct? 12 there's a certain distance away from the 12 A. Yes, however that setback is 13 house that you don't dig out? 13 defined. I think it's two feet, but 14 A. Yes, that's correct. 14 however it is defined in the work plan. 15 Q. What is that distance? 15 you're correct. 16 A. I don't know specifically. It's 16 Q. Now, with regard to this particular 17 specifically defined in the work plan 17 house, I guess, we may end up using it as 18 that's been approved by the EPA. I want 18 an example. I hope I won't ask so many 19 to say it's two feet, but it's on that 19 questions about every picture, but with 20 order. 20 regard to this particular house, do you 21 Q. We can all look at that later, but 21 know whether y'all tested, for example. 22 with regard to that distance from the 22 the areas around it, the neighbor's 23 house that you don't excavate, let's just 23 house, or out by the street or what you Page 26 Page 28 1 say two feet, would your leaving a 2 two-foot-wide section of soil there be . 3 dependent on the level of PCBs you find 4 or would you always leave that no matter 5 how much PCBs you find? 6 A. Well, it's not dependent on the 7 levels of PCBs that are found As I said 8 earlier, ifs based on avoiding any 9 structural damage to the property. In 10 this case, we don't want to crack the 11 foundation ofthe house or a lot of 12 stress to be placed on the house where 13 the foundation could be cracked by 14 removing soil away from the foundation. 15 so that is the reason for the setbacks. 16 Q. Okay. 17 A. And once again, that's all in 18 accordance with the work plan that EPA 19 has approved for conducting these removal 20 actions. 21 Q. So it's just fine with EPA if y'all 22 leave over fifty parts per million in 23 PCBs, for example, within two feet of 1 do know about that? 2 A. Well, this house is located in an 3 area defined in the administrative order 4 as Oxford Lake Neighborhood. It's a zone 5 that's been identified and there's -- I 6 want to say probably in the order of 7 maybe one hundred fifty residential 8 properties in that area and we have 9 tested, I would guess, as of today, maybe 10 about half of the properties in that area 11 and there's more that are scheduled to be 12 tested and there's more that we're trying 13 to get access to to test, so we've tested 14 a fair number of the properties in this 15 area and some of those properties would 16 be in the immediate vicinity of this 17 house. I couldn't tell you specifically, 18 but some ofthem would be, yes. 19 Q. But you don't know -- well, let me 20 ask you this: as a matter of --1 will 21 withdraw the question for a minute. 22 Oxford Lake, what is the water source for 23 Oxford Lake? 1 334.262.7556 7 (Pages 25 to 28) Reagan Reporters, LLC www.reaganreporters.com 1.888.662.7556 { ADAD21 -008108 HARTOLDMON0038986 CRAIG BRANCHFIELD, VOL. II - 7/22/2003 1 A. The drinking water source? Page 29 Page 31 i conducting a removal action on a property | 1 2 Q. You said the Oxford Lake community. 2 and based on that picture right down j 3 Is there a lake there? 3 there, I think I can narrow that to a 4 A. Yes, there's -- 4 property that is located in the Glenaddie 5 Q. Where does the water that feeds that 5 area ofAnniston, but during the course 6 come from? 6 ofthat removal, we were finding things 7 A. It's a spring-fed lake. It's 7 like that that suggested the material 8 actually more of a big pond, but they 8 there came from a foundry and so we -- to 9 call it Oxford Lake. 9 document that, we took a picture of it. 10 (Another photo shown.) 10 Q. Is that the same piece of property? 11 Q. I've got a picture here with a guy 11 A. That property is located on 12 with a cowboy hat and some soil. What's 12 Glenaddie. I couldn't tell you whether 13 that about? 13 that specific piece of slag came from 14 A. Well, at this stage of the removal, 14 that property without knowing in detail 15 we've already removed the PCB-contained 15 where those pictures were taken, but it I 16 soil from the yard. We've back-filled it 16 would have been in the same vicinity and I 17 with clean material which the 17 certainly, from this picture, you can 18 lighter-colored material you see there. 18 see, although it's hard to pick out 1 19 and we're currently in the process of 19 individually, there's a tremendous amount 20 placing some new sod down in the yard. 20 of slag in that portion ofthe yard. You 21 Q. The material I'm seeing there, is 21 can tell from the discoloration and the 22 that what you refer to as native Alabama 22 rocky nature ofthe material. 23 red clay? 23 (Another photo shown.) Page 30 Page 32 1 A. Yes, I would refer to that as some 2 typical Alabama red clay. 3 Q. Where did y'all get that soil from? 4 A. I couldn't tell you specifically 5 where we received it from. We get our 6 backfill material from several different 7 sources. It really just depends on the 8 location of the property, but it is 9 tested to ensure there's no PCBs in that 10 material before it's placed down and that 11 would be the case on this property. 12 (Another photo shown.) 13 Q. What's that rock? 14 A. That looks to be a piece of what we 15 call slag. Slag is basically a material 16 -- it's basically a waste material from 17 molten iron ore or scrap metal in the 18 foundry process. 19 Q. And where is that rock? Where did 20 you find it? Why have we got a picture 21 of it? 22 A. Well, that particular rock -- well. 23 we have a picture of it because we were 1 Q. What are we looking at here? 2 A. Ifs the same property we looked at 3 in the previous picture. Once again. 4 this property is located on Glenaddie in 5 Anniston. We conducted a removal action . 6 at this property in accordance with the * 7 administrative order, and in this 8 particular case, you can see we're 9 removing the soil from the yard. 10 Q. Going out at one feet again at this 11 property? 12 A. This property would have been one 13 foot There's only been one property 14 where we have had to go deeper than one 15 foot. All of the rest have been to a 16 depth of one foot. 17 Q. How many pieces of property have you 1 18 -- do you say you remediated to a depth 19 of one foot? I 1 20 A. We've remediated twelve properties J 21 to a depth of one foot in accordance with 1 22 the work plans that have been approved by | 23 EPA and there has been one property that 1 334.262.7556 Reagan Reporters, LLC www.reaganreporters.com 1.888.662.7556 8 (Pages 29 to 32) ADAD21 -008109 HARTOLDMON0038987 CRAIG BRANCHFIELD, VOL. II 7/22/2003 Page 33 Page 35 j 1 has been cleaned to a depth of two feet. 1 portion of the yard and we found foundry 2 Q. I forget already. How many to one 2 material. We did not detect PCBs in the 3 foot? 3 backyard and we didn't see foundry 4 A. Twelve. 4 material in the backyard. So that's one 5 Q. Twelve? 5 if somebody can help me keep track ofthe 6 A. Yes. 6 numbers here. 7 Q. Ofthe twelve that you have done to 7 Q. Well, we're only up to one. S one foot, how many of those would you say 8 A. So we're going to keep going. The 9 had fill material on them? 9 next property, there's a property located 10 A. Well, I would say there is a 10 at, I believe the address was -1 can't 11 potential for fill material to be on all 11 remember the exact address. It was on 12 twelve ofthose properties. 12 Crawford Avenue and all ofthe details of 13 Q. Yeah, but that's not what I asked 13 those are outlined in various reports 14 you. Do you have an opinion with regard 14 that we've pulled together and given to 15 to how many of those pieces of property 16 actually had fill material on them? 17 A. Yes, twelve. All of them, I 15 EPA and I'm sure have been given to you 16 guys in discovery. 17 But at that particular 1 1 18 believe, had some degree of fill material 18 property, we found, and I cant remember 19 on them. 19 the specifics, but we found greater than 20 Q. Okay. How many ofthose pieces of 20 ten parts per million in the front yard. 21 property would you say that the PCB 21 I can't recall the exact levels. We 22 levels and the fill dirt was higher than 22 found less than ten in the backyard, but 23 the PCB levels in the nonfill portion of 23 we did detect PCBs in the backyard above Page 34 Page 36 1 the yards? 2 A. Well, that's a very difficult 3 question to answer unless I go through 4 each property one by one. 5 Q. Well, there's only twelve so we can 6 start. Have you got a list of the 7 twelve? 8 A. Well, let me just go through what I 9 have in my mind, and if we need to find a 10 list, we can find a list, but I'll start 11 with the property that was located on Zen 12 Parkway. It was located at 717 Zen 13 Parkway. 14 The data from that property, we 15 found greater than fifty parts per 16 million in the front yard. We found less 17 than one part per million in the backyard 18 and when we conducted the removal on that 19 property which is well outside the flood 20 plain, we found very clear indications of 21 foundry fill material, foundry wastes on 22 that particular property and there's an 23 example ofwhere we had PCBs in one 1 one part per million. We removed soils 2 from both the front and backyard at this 3 property and we did find evidence of 4 foundry material in that yard, in this 5 particular case, foundry sands. This 6 property, while ifs located near the 7 edge of die flood plain of Snow Creek, 8 it's located well upstream of where 9 discharges from the Monsanto facility 10 would have entered Snow Creek. So that's 11 property number two. 12 The next property I'll go to 13 was located -- well. I'll talk about this 14 property that's on the screen right now 15 located on Gienaddie. There's actually 16 two properties located on Gienaddie. I 17 don't recall the specific data from those 18 two properties, but we did see evidence 19 of foundry sands and foundry materials in 20 the yards of those properties and the 21 yards of the adjacent properties, the 22 neighbors for both of these two. I 23 believe it was 529 Gienaddie and 620 1 334.262.7556 9 (Pages 33 to 36) Reagan Reporters, LLC www.reaganreporters.com 1.888.662.7556 ADAD21-008110 HARTOLDMON0038988 CRAIG BRANCHFIELD, VOL. II - 7/22/2003 Page 37 Page 39 1 Glenaddie, if I'm not mistaken. But the 2 PCB concentrations in the adjacent yards 3 were not similar to the PCB levels in the 4 yards of these two properties, once 5 again, suggesting that the PCBs were 6 physically placed there as opposed to 7 them getting there by flooding, and as I 8 said, we did see physical evidence of 9 foundry fill on both properties. As far 10 as differences within the individual 11 sections of the yard, I don't recall the 12 data. I would have to go look. 13 There were, I want to say three 14 properties located in the vicinity of 15 12th Street basically between 11th Street 16 and 12th Street in Anniston and I believe 17 it was bordered by McDaniel ifI'm not 18 mistaken, on one side. Those three 19 properties, and within those three is one 20 ofthe properties where we had to do a 21 removal of the two feet. On these 22 properties, we saw varying concentrations 23 of PCBs between the three properties as 1 709 Mulberry. They were right next 2 door. On one of those properties, we | 3 found PCBs in the backyard only, and like j 4 I say, we found them greater than ten in 1 5 the backyard only. 6 In the front yard, we did not 7 detect PCBs. We conducted that removal, 8 but once again, there's an example of 9 where the levels ofPCBs in one portion 10 ofthe yard were significantly different 11 than in another portion ofthe yard 12 which, once again, is a suggestion or an 13 indicator that that was a result of fill 14 material. Both ofthese properties, by 15 the way, are in the flood plain of Snow 16 Creek. 17 The other property, and I get 18 701 and 709 mixed up, but the other 19 property, we found PCBs of above ten in 20 both sections ofthe yard. Well, we 21 found PCBs above ten in at least one 22 section of the yard and we found them 23 above one in another section. I don't 1 Page 38 Page 40 1 1 well as varying concentrations from the 2 neighbors that we have been to to get 3 access to sample. 4 We found very clear indications 5 of foundry material on those three 6 properties and, in fact, we had one of 7 the neighbors come out and ask us 8 specifically why are you, why is Solutia 9 digging up these yards, all these 10 materials were placed here by Union 11 Foundry. And as I said, when we were 12 conducting the removal, there was lots of 13 evidence of foundry fill on those 14 properties, of the slag, foundry bricks. 15 other materials that would clearly be 16 associated with a foundry operation. 17 What does that get me up to, 18 seven? 19 MR. SHARMAN: Seven. 20 A. Okay. There were two properties 21 that were located close to each other. 22 They were located on a street called 23 Mulberry. I believe it was like 701 and 1 recall if the other section was above ten 1 2 or not, but I do know we did a removal 3 from the entire yard. Once again, that's 4 two properties that are next door to each 5 other and they both had sections that ,. 6 were above ten, but there wasn't j 7 consistency in the data between the two 8 yards. 9 Let's see. I'll move down now 10 to Oxford Lake Neighborhood where we've 11 done removals on four properties. I 12 don't recall the addresses of any of 13 those four. All four of those are 14 located outside the flood plain. Once 15 again, ifs a similar situation where we 1 16 were finding PCBs above ten and certain 17 portions ofthe yard on these properties, | I 18 I know one, one property we found PCBs in 1 19 both the front and the backyard and 20 conducted removal on both sections ofthe 21 yard. On another property across the 22 street, we only found PCBs that required 23 to be cleaned up in the front yard ofthe 334.262.7556 Reagan Reporters, LLC www.reaganreporters.com 1.888.662.7556 10 (Pages 37 to 40) ADAD21 -008111 HARTOLDMON0038989 CRAIG BRANCHFIELD, VOL. II - 7/22/2003 Page 41 Page 43 1 1 property. We didn't find anything in the 1 different concentrations of PCBs in the 2 backyard. 2 same yard or between one yard and a 3 There is another property very 3 next-door neighbor's yard, that suggests 4 close to these two properties, 1 mean 4 to you that the dirt was put there, the 5 within a stone's throw, basically right 5 PCBs were placed there rather than got 6 next door where we found PCBs in, I want 6 there by water or by air? 7 to say the front yard in what we call the 7 A. Yes, that's correct. 8 side yard ofthe property, but in the 8 Q. Okay. Has Monsanto done some PCB 9 backyard, we didn't detect PCBs and 9 testing on it's own property? 10 that's -- I'm going off memory there so 10 A. Yes. 11 I'll kind of clarify that there were -- 11 Q. For example, with the south 12 maybe I should go back and say there were 12 landfill, they have tested at various 13 two sections of the yard where we had to 13 times different places around it? 14 do a removal and one section where we 14 A. We've tested, yes. 15 didn't. I can't remember whether it was 15 Q. Did you get varying results? 16 the backyard or the side yard, but we . 16 A. The data that I recall from looking 17 didn't have to do the removal, but once 17 around the south landfill was most of it 18 again, an example of varied PCB levels on 18 was under a consent order and I'm going 19 the same property and varied PCB levels 19 to get to the answer to your question, 20 in relation to nearby properties. 20 but let just try to think through the 21 And then there was a fourth one 21 history of my mind so I can get to the 22 which is the one we looked at, the first 22 answer to your question. 23 property we looked at earlier on the 23 Most ofthat sampling was done J j j Page 42 Page 44 1 video here, and I don't recall whether we 2 did a removal in the backyard ofthat 3 property or not and I don't recall what 4 the PCB levels were on that specific 5 property. But on that one, as we 6 discussed earlier, there were differing 7 concentrations when you look at the 8 neighbors and the properties across the 9 street, once again, suggesting the 10 material was physically placed there and 11 did not get there by any type of 12 flooding. And what does that get me up 13 to? 14 MR. SHARMAN: That's thirteen. 15 Q. Yes, thafs thirteen. You went over. 16 One, you mentioned went down to two 17 feet? 18 A. One, we mentioned went down to two 19 feet, right. So that's my best 20 recollection. I would refer you to the 21 report to confirm the details, but that's 22 my best recollection. 23 Q. So it's your view when you find 1 under a consent order with -- I think it 2 was a 1996 consent order and it was based 3 on a screen level assessment. I'm not 4 aware that any of those samples were sent 5 to a laboratory for analysis. In other 6 words, what that data told us was whether 7 it was greater than five parts per 8 million, which I think was the screening 9 limit, or less than five and that allowed 10 us to define the extent of PCBs around 11 the facility and the cleanup that was 12 done was based on that. 13 Now, there was a gradient 14 that's very clear. When you look at that 15 data, you find that we're detecting PCBs 16 above five close to the drainage ditches 17 inside and close to the drainage ditches 18 near the facility. As you move away from 19 those drainage ditches, you are finding 20 concentrations of less than five so 21 that's what we would expect to find if it 22 was due to flooding. And so when you say 23 are there varying concentrations, yes, 334.262.7556 11 (Pages 41 to 44) Reagan Reporters, LLC www.reaganreporters.com 1.888.662.7556 ADAD21-008112 HARTOLDMON0038990 CRAIG BRANCHFIELD, VOL. II - 7/22/2003 Page 45 Page 47 j I there's vaiying concentrations, but they 2 vary in a manner that's consistent with 3 the deposition by flooding, whereas, on 4 these residential properties, there's a 5 variation in the PCB levels, but it's not 6 consistent with what you would expect to 7 see from a flooding pathway. 8 Q. The levels are not consistent 9 because of too much radiation? 10 A. Because there's too much variation 11 because, you know, the difference between 12 going from - and I'll use rough numbers 13 here, greater than five and less than 14 five and going from, say, twenty-five in 15 a ditch and going out to less than five, 16 you know, one to five, you know, one to 17 five, less than one, whatever it is, 18 outside is different than finding, you 19 know, I'm just making these numbers up 20 for the sake ofthe example, but it's 21 different than finding twenty-five in the 22 front yard, nondetect in the backyard. 23 you know, maybe two parts per million 1 this year in January, we did some testing I 2 of the south landfill covers and we were % 3 finding, you know, PCBs in the one to ten j 4 parts per million range on the surface j 5 where the PCB cells were. So to answer 6 your question, there has been some 1 7 laboratory testing, but most ofthe data j 8 was collected under that 1996 consent j 9 order. 10 Q. When did you do testing on top of 1 11 the south landfill? 12 A. It was in the January-February time j 13 frame. 14 Q. Of this year? 1 15 A. Yes. 16 Q. And describe the results for me. I 17 think you just told me but -- j j 18 A. Well, we tested - basically, j 19 there's two sections to the south 20 landfill. There's a section that was , j j 21 capped under the RCRA program. I should I 22 say it had an upgraded cap put on it. We | 23 tested those soils and we didn't detect j Page 46 Page 48 1 1 next door, maybe nondetect next door. 2 maybe forty across the street. I mean 3 that's significant variation within a 4 small area in an area that's outside the 5 flood plain. 6 Q. Let me ask you about some other 7 areas since your recollection is that the 8 only testing that was done on the south 9 landfill is plus or minus five. 10 MR. SHARMAN: Object to the 11 form. I don't think 12 that's what he said, but 13 if you can -14 Q. I thought that is what he said. 15 Isn't that what you said? Was there some 16 more sophisticated testing done on the 17 south landfill? 18 A. Most ofthe testing done on the 19 south landfill and in the vicinity has 20 been of that nature. There has been 21 some, not as much, but some specific 22 testing where samples were sent to a 23 laboratory. For example, we just earlier 1 any PCBs, so that made perfect sense to J 2 us because we capped it with clean soil. j 3 There's another section where f 4 on the -- it would be the eastern portion 1 5 of the south landfill where basically, [ 6 1-E, 2-E, 3-E, 4-E, and 5-E, those cell - j 7 numbers, the area around the PCB cells, J 8 we detected PCBs in the one to ten part 1 9 per million range which was consistent J 10 with historical data. 1 11 And then there's a lower j 12 portion of that side of the landfill 1 13 which is the old waste management area 1 14 one, is what it's referred to under our 1 15 permit and we didn't detect any PCBs down 1 16 there and all that data was consistent 1 17 with screening level data that had been 18 collected historically. 19 Q. So the one to ten part per million 20 that you found on 1-E, 2-E, 3-E, 4-E, and 21 5-E was consistent what you expected to 22 find? 23 A. Well, it was consistent with 334.262.7556 Reagan Reporters, LLC www.reaganreporters.com 1.888.662.7556 12 (Pages 45 to 48) ADAD21 -008113 HARTOLDMON0038991 CRAIG BRANCHFIELD, VOL. II - 7/22/2003 Page 49 Page 51 1 historical data. 2 Q. Does that mean consistent with what 3 had been found there before? 4 A. It was consistent with that, you 5 know, greater than five, less than five 6 screening that we did back under the '96 7 consent order. 8 Q. So you tested that area back in 1996 9 and you found between one and ten parts 10 per million; right? 11 A. Correct. 12 Q. And then you tested it again earlier 13 this year and found one in ten parts per 14 million? 15 A. Right. 16 Q. Is there some time in the future 17 when you intend to cap that area of the 18 landfill so that you won't be finding 19 between one and ten parts per million on 20 top ofthat landfill anymore? 21 A. Well, I wont speculate as to what 22 types of remedies the EPA may require in 23 the future or ADEM, but -- 1 within the subject matters 2 ofthe 30(b)(6). 3 Q. As far you know, y'all are going to 4 just going leave that that way forever? 5 MR. SHARMAN: Object to the 6 form. 7 A. Based on the data we have which 8 shows that there are not PCBs migrating 9 through surface water from that landfill, 10 I see no reason to do anymore additional 11 work on that section ofthe landfill and 12 I would also say, just for the record. 13 1-E, 2-E, 3-E, 4-E, and 5-E encompasses a 14 large section ofthe landfill. The PCBs 15 were not found on all ofthose cells. It 16 was just found on a subset ofthose 17 cells. 18 Q. Do you remember which cells it was 19 found on? 20 A. The cells where the PCBs section of 21 the landfill was located. I want to say 22 1-E, 2-E, and 3-E. I believe 4-E and 5-E 23 are a separate waste management area and Page 50 Page 52 1 Q. Sir, I'm asking you, as you sit here 2 today 3 MR. SHARMAN: Let him finish 4 his answer, Frank. 5 A. If I may answer your question? 6 Q. I would like an answer to my 7 question. I don't want you to speculate 8 as to what somebody else might require. 9 I think I asked you a pretty simple and 10 direct question. 11 A. And I'm trying to give you a 12 thorough answer. 13 Q. Is there some day, sir, when you 14 expect to cap sections 1-E, 2-E, 3-E, 15 4-E, and 5-E ofthe south landfill in 16 such a way that you won't be finding PCB 17 levels on top ofthat landfill anymore? 18 A. No. 19 MR. SHARMAN: Mr. Branchfield, 20 you answer that question 21 as you feel appropriate 22 and I also object to it 23 because it's not anywhere 1 we didn't detect PCBs in the vicinity of 2 those cells. 3 Q. All right We were looking at 4 pictures. I do want the get back to 5 asking you some foundry questions 6 sometime, but let's go back to pictures. 7 (Another photo shown.) 8 Q. What1s that? I don't have any way 9 of identifying these pictures for the 10 record, so I'm just going to have to do 11 the best I can. It looks like, to me, 12 like some kind of a scarred rock or 13 something there. What is that? 14 A. That looks, once again, to be 15 another piece of foundry slag. I would 16 say that based on the kind of greenish 17 color you see in there which is typically 18 the color you find in the slag from the 19 various metals that are -- the waste 20 metals that are in that material and just 21 to better define what that is, I suspect 22 that's the material from the one of the 23 Glenaddie properties where we did the 334.262.7556 13 (Pages 49 to 52) Reagan Reporters, LLC www.reaganreporters.com 1.888.662.7556 ADAD21-008114 HARTOLDMON0038992 CRAIG BRANCHFIELD, VOL. II - 7/22/2003 Page 53 Page 55 1 removal, the same property we were 2 looking at on a previous picture. 3 Q. What about the dirt around that? It 4 looks kind of red and you had 5 light-colored dirt earlier. Is that 6 native Alabama red clay there or is that 7 something else? 8 A. There could be some component of 9 that soil that's native Alabama red clay, 10 yes. 11 Q. Well, is native Alabama red clay 12 that dark red or the light color you 13 described earlier? 14 A. Well, the dark red you would expect 15 to be indicative of Alabama red clay, but 16 you can look on other areas of that 17 picture and see that the soil is not a 18 reddish in color, it's black, so that 19 suggests that there's a mixture there 20 potentially. 21 Q. I'm sorry, where do you see some 22 black? 23 A. You look on the right side of the 1 life? 2 A. Have I personally? 3 Q. Yes, ever been a groundsman on a 4 piece of property being filled in, a 5 residential piece of property having fill 6 dirt put in? 7 A. I have not, no. 8 Q. Okay. Is the Anniston area kind of 9 hilly? 10 A. Yes. 11 Q. Do you think it's strangely 12 coincidental that fill dirt being brought 13 in would only be a foot deep instead of 14 deeper on all twelve pieces of property? 15 A. Well, you know, I don't find it 16 strange, no. I mean, I don't know what 17 the basis was for filling in that yard. 18 I don't know what the property owner was 19 trying to accomplish. I'm also not 20 saying the foundry fill was only found to 21 a depth of a foot. I'm saying we found 22 PCBs above ten parts per million to a 23 depth of a foot and some of those Page 54 Page 56 1 photo compared to the left side. On the 2 left side, you see some reddish color in 3 the soil and I look to the right side and 4 I don't see any reddish color in the 5 soil. I see the black sandy type of 6 material, and you know, the logical piece 7 of - if you want to call it conclusion 8 -- that I would draw from this picture 9 is that there's foundry slag in this 10 material and the foundry slag had to come 11 from a foundry, so regardless ofthe 12 presence ofthe Alabama red clay, there's 13 some material that had to come from a 14 foundry. 15 Q. While I'm thinking about it, before 16 we get too far away. I'm curious about 17 the concept ofthe twelve pieces of 18 property you have that you -- die twelve 19 that you moved down one foot. 20 A. Yes. 21 Q. Have you ever done any - back up a 22 second. Have you ever done any filling 23 on a piece of property any time in your 1 properties, there may have been PCBs 2 greater than a foot deep. Itjust wasn't 3 required to be removed under the terms of 4 the AOC or EPA. 5 Q. The way you did the testing, you 6 didn't find it over ten deeper, so you 7 didn't go any deeper in the removal? 8 A. That's correct, yes. 9 Q. But see, what I'm confused about is 10 that is if the PCBs are coming from the 11 foundry-related fill, why didn't you go 12 and take out all the foundry-related fill 13 instead of stocking with fill? 14 A. Because the data we had told us that 15 the PCB levels down in the deeper soils, 16 with the one exception, did not require 17 to be removed in accordance with the 18 terms of the AOC. 19 Q. So you think something was happening 20 concerning this foundry fill that 21 resulted in only the foundry fill, the 22 top foot being that much PCBs whereas the 23 other foundry fill that was on the same 334.262.7556 Reagan Reporters, LLC www.reaganreporters.com 1.888.662.7556 14 (Pages 53 to 56) ADAD21 -008115 HARTOLDMON0038993 CRAIG BRANCHFIELD, VOL. II * 7/22/2003 Page 57 Page 59 1 piece of property was just fine and 1 foundries, and this is based on studies 2 dandy? 2 that were done by the EPA, studies that 3 MR. SHARMAN: Object to the 3 were done by Dr. Scrudato is that the 4 form. You can answer. 4 consistency of PCBs, specifically PCBs in 5 A. Well, I think to answer that 5 foundry waste, was not consistent. In 6 question -- the simple answer to your 6 other words, you could go, if you had a 7 question is I don't think that's 7 pile of foundry sand right here in front 8 inconsistent with what I would expect to 8 of me, I could take a sample from the 9 find given my knowledge of how foundries 9 side and I could get thirty parts per 10 operated and how they managed their waste 10 million PCBs. I could take a sample from 11 materials. 11 this side and not detect anything. And I 12 Q. Well, explain that to me. How can 12 could get a sample from the interior and 13 you have a load of foundry materials that 13 I find nine hundred parts per million 14 fills up a hole three feet deep and have 14 PCBs. These were waste piles. They were 15 PCBs in it, but all you need to do is dig 15 taken -- 16 up the top foot? That's what I'm 16 Q. How big of a pile are we talking 17 confused by. Ifyou could explain that 17 about, by the way? 18 to me, I would appreciate it. 18 A. I'm sorry? j 19 A. Well, there's a couple ofthings you 19 Q. You were describing this pile. How 1 20 have to look at. First of all, it's not 20 big a pile are we talking about? 21 necessarily true that we were finding 21 A. Well, the waste piles on these 22 stuffthree feet deep on these 22 foundries could have contained hundreds, 23 properties. I'll have to say that, but -- 23 if not thousands, of cubic yards of Page 58 Page 60 1 Q. But you Would agree that there were 2 occasions where you left foundry fill. 3 what you thought was foundry fill on the 4 property below a foot? You just scraped 5 off the top foot and put soil on it; 6 correct? 7 A. Yes, we did, that's correct 8 Q. I'm trying to understand why, sir. 9 if you believed the PCBs on the property 10 were coming from the foundry fill, you 11 didn't remove all the foundry fill on the 12 properties. 13 MR. SHARMAN: I think you told 14 him, but tell him again. 15 A. When you look at the way the 16 foundries managed their waste material. 17 they didn't have a -- this wasn't a waste 18 stream. It wasn't a continuous flow of 19 waste from a foundry. What it was a pile 20 of material and that material could have 21 come from any aspect of the foundry 22 operation. 23 What we know about the '1 material. These foundries were 2 generating, you know, as recently as the 3 -- I will say 1980s or 1990s, they were 4 generating, you know, an individual 5 foundry was generating, you know, 6 hundreds oftons of this stuff a day and 7 they had to do something with it. Now, 8 some of that material would get 9 contaminated with PCBs whether it was 10 from a transformer leak or a hydraulic 11 leak that they used some foundry sand to 12 clean up or whether they had an old 13 transformer they threw in a pile or 14 whether it was just some shredder fluff 15 that had PCBs in it that got put in the 16 pile, I mean it was very -- 17' Q. So PCBs were inconsistent -- 18 A. It was very inconsistent and that is 19 consistent -- you know, that picture, 20 what we know about how those foundry 21 piles were created and how they were 22 distributed throughout the area is 23 consistent with what we've found in the I 1 f 1 1 1 i 1 | 1 j 334.262.7556 15 (Pages 57 to 60) Reagan Reporters, LLC www.reaganreporters.com 1.888.662.7556 ADAD21-008116 HARTOLDMON0038994 CRAIG BRANCHFIELD, VOL. II - 7/22/2003 Page 61 Page 63 j 1 areas where we've found foundry sand. 2 Q. So if you had, for example, three 3 dump trucks full of foundry waste, you 4 would think PCBs within them would also 5 be inconsistent? 6 A. Yes. 7 Q. Okay. On one of these pieces of 8 property, and it varies, you tell me it 9 varies, I don't know, but let's take a 10 typical one ofthese twelve houses. How 11 did you first find that that house 12 merited cleanup? Was it taking a 13 composite sample ofthe front yard and 14 one in the backyard; is that where it 15 started? 16 A. Yes, that's correct. The terms of 17 the administrative order where the EPA 18 defined a five-point composite sampling 19 program for the front yard and the 20 backyard and ifthe properties were 21 greater than a one-quarter acre, we can 22 subdivide it beyond that. 23 Q. Okay, now, let's suppose on one of 1 digging? 1 2 A. Yes, we had to do that depth j 3 sampling. 4 Q. Okay, depth sampling. 5 A. Right. 6 Q. And where did you do it? You had a 7 composite from the front yard. How many 8 more tests did you make of depth? j 9 A. The depth sampling would be done in j 10 that portion of the yard where we found j 11 greater than ten in that zero to one foot 12 composite sample. In other words, if we 13 go to, you know, pick John's Smith's 14 house, just some arbitrary house, we'll 15 sample the front yard, okay, from zero to 16 one foot and then sample the backyard 17 from zero to one foot. Ifthat front 18 yard is greater than ten and the 19 backyard, we don't find anything, then we 20 would go back to the front yard and 21 sample from one to two feet until we stop 22 finding PCBs above ten parts per million. 1 1 I I 1 I 1 | I I j 1 23 Q. When you do the sample in the front j Page 62 Page 64 | 1 these pieces of property -- I guess ifs 2 true on more than one of these pieces of 3 property -- you found over ten on that 4 screening sample in either the front or 5 the backyard but not the other one. 6 A. Yes. 7 Q. Okay. What did you do next in terms 8 of sampling? Did you do more sampling 9 before you actually put a backhoe out 10 there or did you clean the yard up on the 11 basis ofthat first composite? 12 A. Well, the first composite would have 13 only been in the surface soil. I should 14 say define that to zero to a foot and if 15 we found greater than ten in that surface 16 soil, then we would go down and conduct 17 additional sampling to define the depth 18 to which we will find the PCBs. 19 Q. I may be a little slow, but starting 20 off with the idea that you found -- you 21 have a composite sample of the front yard 22 over ten, what did you do next? Did you 23 do more sampling before you started 1 yard from down -- when you first come 2 back after this first composite sample 3 and surface sample, you go back and you 4 dig how deep for the next sample? 5 A. We don't dig anything until the 6 property is fully characterized so we 7 only have to go dig once. . 8 Q. Well, I guess what I mean by that is 9 how deep do you go with the first set of 10 samples after that original composite? 11 A. We sample until we are no longer , 12 finding PCBs greater than ten parts per 13 million. 14 Q. No, I'm still confused. 15 A. Maybe I'm misunderstanding your 16 question. 17 Q. Let me back up. I'll just start at 18 the very beginning so I'll understand it. 19 You have this composite sample consistent 20 of -- the front yard, let's say, is 21 consistent ofpulling dirt from five 22 different places and mixing them all 23 together and sampling and ifs over ten. I 1 I 1 1 I J j 1 I 1 I J I | I J 1 1 1 1 j 334.262.7556 Reagan Reporters, LLC www.reaganreporters.com 1.888.662.7556 16 (Pages 61 to 64) ADAD21 -008117 HARTOLDMON0038995 CRAIG BRANCHFIELD, VOL. II - 7/22/2003 Page 65 Page 67 j 1 Now, did you reserve the individual 2 portions of that composite sampling, let 3 me start there? In other words, can you 4 go back to the individual drawings and 5 figure out where the PCBs were that made 6 that compose to be high? 7 A. No, we don't reserve the individual 8-- 9 Q. So that doesn't exist anymore, so 10 all you know is you have a composite on 11 the front yard on the surface? 12 A. Right, yes. 13 Q. Okay, what do you do next? 14 A. We will then go back to the 15 property, okay, at a separate time and we 16 will, obviously, inform the property 17 owner we found greater than ten in your 18 front yard, we need to do more sampling 19 in the front yard of your property so we 20 can determine how deep the PCBs go, so 21 that's when we'll come back and we'll 22 start at that one foot depth and we'll 23 get a sample between one and two feet and 1 we're doing under this administrative 2 order, yes, it's always composites. 3 Q. So there are not occasions where 4 then you would clean up a piece of a 5 front yard? It's either all or not? 6 It's either all front yard or not front 7 yard? 8 A. That's correct 9 Q. To educate me, what do you do about 10 side yards? You have front yard 11 composite, backyard composite. What do 12 you do about side yards? 13 A. The side yard is included in either 14 the front yard or backyard. 15 Q. If you clean up one, either one, you 16 clean up the sides at the same time? 17 A. Yes, and it's based on, you know. 18 the -- what's the easiest way to explain 19 this? 20 Q. When you start it off, you designate 21 either the side as either part ofthe 22 front or part of the back? 23 A. Exactly, yes. j | j j j j j | 1 | 1 Page 66 Page 68 | 1 we'll get a sample between two and three . 2 feet and we'll test those samples: 3 Q. And you do three foot cores? 4 A. Well, we do them on one foot 5 intervals and we screen them, and if the 6 screening says it's greater than ten then 7 we'll go and get another sample at the 8 next depth interval. 9 Q. So the first thing you do is go out 10 and take it in one foot cores? 11 A. Yes. 12 Q. Okay, how many one foot cores would 13 you take? 14 A. It's the same program of five point 15 -16 Q. A composite? 17 A. Yes. 18 Q. You mix it all together and do a 19 composite? 20 A. Correct. 21 Q. All right, so when you do - do you 22 always do composites? 23 A. Under the residential program that 1 Q. And you stay with that the rest of 2 the way? 3 A. Yes. 4 Q. All right, now, assuming you were 5 right about foundry waste and PCBs not 6 being consistent, that it might have a 7 hot spot in foundry waste here and not 8 over there somewhere else, wouldn't you 9 expect in sampling an area with foundry 10 waste, to get inconsistent results? 11 A. Yes, you would. 12 Q. Therefore, if you found foundry 13 waste in the top foot, wouldn't it be 14 prudent to take all the foundry waste out 15 ofthe property because there might be 16 another hot spot that your method of 17 sampling simply did not get? 18 A. Well, the removal is based upon the 19 data as we collect it and in accordance 20 with what the EPA has basically directed 21 us to do under this administrative order 22 and ifs the EPA that has concluded that 23 using this process, if we don't detect 334.262.7556 17 (Pages 65 to 68) Reagan Reporters, LLC www.reaganreporters.com 1.888.662.7556 ADAD21-008118 HARTOLDMON0038996 CRAIG BRANCHFIELD, VOL. II - 7/22/2003 Page 69 Page 71 | 1 PCBs at a certain location, that it does 2 not need to be removed. That's not 3 Solutia's opinion or what we're doing. 4 We're doing what we've been directed to 5 do by the EPA in that case. 6 Q. Nobody is keeping you from taking 7 out the foundry waste, are they? 8 A. No, nobody is keeping us from doing 9 it, and based on the data and the 10 criteria that has been established by the 11 EPA, there's no need to remove it. 12 Q. Well, based on what your 13 understanding is ofthe inconsistency of 14 PCBs in foundry waste, ifthere, in fact 15 is foundry waste on a piece of 16 residential property, ifyou don't remove 17 it all, there may very well be another 18 hot spot there left that you didn't 19 happen to hit the way you do the testing; 20 right? 21 A. Well, by conducting a composite 22 sample, if there is a hot spot, you have 23 a greater chance of detecting that hot 1 MR. SHARMAN: Object to the 2 form. Argumentative. You 3 can answer. 4 A. The removal is dictated by the 5 presence of PCBs, not the presence of 6 foundry wastes, so the answer to your 7 question is no, I don't think it's 8 prudent. 9 Q. Sir, ifyou believe -- let me ask 10 you this: do you believe foundry waste 11 typically contains PCBs? 12 A. I believe PCBs are constituents that 13 could be found in foundry sand. Now, 14 typically, that's a pretty general term, 15 but yes, PCBs are consistent with foundry 16 waste materials. 17 Q. Well do you believe that where you 18 find a dump truck full of foundry waste. 19 you will typically find PCBs? 20 A. Well, by putting the question like 21 that, I would say, no, you won't 22 typically find PCBs. Sometimes you will 23 and sometimes you won't. Page 70 Page 72 1 spot and being able to conclude or not 2 conclude exactly -- I should say being 3 able to conclude what you're suggesting 4 could be a problem is not a problem 5 because the composite sample is -- that1s 6 why you take five points and you just 7 don't go to one point because if there is 8 a hot spot, you want to increase the 9 probability that you're going to find it 10 so you go to five spots in the yard and 11 you take those samples and you mix them 12 together so I think this program takes 13 that into account by requiring the 14 composite sampling program to increase 15 the probability that you will find that 16 hot spot if it exists. The alternative, 17 of course, is to go to a single spot on 18 the yard, get one sample and run risk of 19 missing that hot spot. 20 Q. No, sir, the alternative would be if 21 you thought you found foundry waste to 22 take out all ofthe foundry waste; 23 wouldn't that be the alternative? 1 Q. Okay. If you find a dump truck full 2 of foundry waste and you do a sample on 1 3 one edge of it and find some PCBs, do you j 4 believe you would typically find some 1 5 more PCBs somewhere else in that dump 1 6 truck full? j 7 A. Once again, I don't know. I don't 8 know ifyou would or not. You would have 9 to get a sample that's representative of 10 that pile to make that determination. If 11 you find PCBs in one part, it would be 12 prudent to check the other parts ofthe 13 pile, but I can't - you know, based on 14 how the PCBs got into the foundry J 15 material, based on the observations that I 16 have been made by the EPA in their pilot I 17 studies and in this report ofthe study 18 done by Dr. Scrudato, sometimes you find 19 it and sometimes you don't. 20 Sometimes you'll have a pile 21 and you will find it throughout the pile, 22 dump truck load if you want to use that. 23 Sometimes you will have a dump truck load 334.262.7556 Reagan Reporters, LLC www.reaganreporters.com 1.888.662.7556 18 (Pages 69 to 72) ADAD21-008119 HARTOLDMON0038997 CRAIG BRANCHFIELD, VOL. II 7/22/2003 Page 73 Page 75 i 1 and you will not find it throughout the 1 again, a discoloration ofthe soil. You 2 dump truck load. That is what's unique 2 see sort of different shades of brown in 3 about PCBs in foundry sands is that it is 3 the soil. The darker shades are 4 very spread. There are a number of 4 certainly indicative of a potential for 5 properties in Anniston that have been 5 there to be foundry sand there. 6 sampled where the EPA has found high 6 (Another photo shown:) 7 levels of lead that's associated with 7 Q. What is that? 8 foundry fill and they have not found 8 A. That is a barron that we removed 9 PCBs, so as I said, it's case by case. I 9 from the property at 717 Zen Parkway. 10 really can't generalize it. 10 Q. And what about the barron? 11 Q. Where you have found something you 11 A. Well, the barron is -- it was found 12 thought was foundry-related or foundry 12 among other material, other foundry-type 13 fill, have you taken any additional 13 material that we found in that yard such 14 efforts at sampling or do you still do 14 that, I mean, glass, trash, things like 15 the same thing whether you do or don't 15 that. That's also at 717 Zen Parkway. 16 find foundry waste? 16 Q. Is that a foundry bottle? 17 A. We conduct the same sampling program 17 A. I don't know. 18 at each individual property regardless of 18 Q. What about glass tells you 19 whether we find foundry fill or whether 19 something? 20 we do not find foundry fill and that 20 A. Glass tells me nothing other than 21 sampling program is the one that has 21 the material was probably placed there 22 been, you know, basically dictated by the 22 and didn't get there through flooding or 23 EPA. 23 other transport, just, once again. ; j j Page 74 Page 76 j 1 Q. Is the EPA telling you you can't do 2 any more sampling? 1 supports the hypothesis that the material 2 was physically placed there, this fill jj 3 A. No, the EPA hasn't specifically said 4 not to do more sampling. They've 3 material. 4 Q. What about down here (referring to 5 basically said no more sampling is 6 required. 7 (Another photo shown.) 8 Q. What's in this bucket here? 9 A. Once again, just more examples of 10 slag material from a foundry operation. 5 photograph)? 6 A. That is, once again, foundry sands 7 that we're looking at. You see the 8 black, grainy nature in the soil which is 9 indicative of foundry sands. 10 Q. What's this down here (indicating 11 waste material from the melting ofthe 11 photograph)? 12 iron ore or scrap metal. 12 A. I don't know. 13 Q. Did you test those rocks there for 14 PCBs? 13 Q. Same thing? 14 A. I would use the same description. 15 A. No, we did not test those rocks 16 specifically. 17 (Another photo shown:) 18 Q. What am I looking at there? 19 A. I couldn't tell you specifically 15 Q. What's going on here with the 16 tractor and backhoe? It looks deeper 17 than a foot That's the reason I'm 18 stopping there for a minute. 19 A. Well, if ifs deeper than a foot, 20 what property that is, but once again. 21 you're looking at some rock material that 22 is, once again, die slag material we're 23 looking at and you also see here, once 20 it's obviously not a residential cleanup. 21 Q. Do you know where that is? 22 A. No. Let me look at the list I have 23 here. 334.262.7556 19 (Pages 73 to 76) Reagan Reporters, LLC www.reaganreporters.com 1.888.662.7556 4 ADAD21 -008120 HARTOLDMON0038998 CRAIG BRANCHFIELD, VOL. II - 7/22/2003 Page 77 Page 79 1 MR. SHARMAN: Mr. Branchfield 2 is referring to the cover 3 ofthe CD to try to aid 4 his recollection. 5 A. I do not - based on that picture, I 6 cannot tell you specifically where that's 7 at. 8 (Another photograph shown.) 9 Q. What am I looking at here? It looks 10 like a pole. 11 A. That is a power pole that's on a 12 property which we own north of our 13 facility upon which a transformer was 14 mounted and what we're looking at is that 15 the soil beneath that transformer, 16 there's no vegetation beneath it 17 suggesting that something may have leaked 18 from that transformer and prevented 19 anything from growing in the vicinity of 20 that area. 21 Q. Is that a PCB transformer? 22 A. I don't know specifically whether 23 that transformer had PCBs in it or not. 1 bases for our conclusions, we brought 2 this along to help describe what we had 3 been seeing during our work in the 4 Anniston area. 5 (Another photograph shown.) 6 Q. What's this with all these big j 7 trucks out here? .! 8 A. That is our Highway 21 project where ; 9 the Alabama Department ofTransportation j 10 is preparing to build a new bridge across 11 Choccolocco Creek. We're working with 12 them because a portion of this area is in j 13 the flood plain of Choccolocco Creek, but j 14 more specifically, at this location, j 15 we've seen -- found a document and I 16 believe it was in ADEM's file that ) 17 suggested -- I shouldn't say suggested -- 18 stated that one thing --1 want to say it 19 was U.S. Pipe which is a local foundry 20 was disposing a foundry fill material in 21 this vicinity near Highway 21 and 22 Choccolocco Creek. And the data we found 23 there -- well, we haven't conducted any Page 78 Page 80 1 1 I do recall that we checked -- got some 2 wood chips from the pole and we did 3 detect PCBs in those wood chips. 4 Q. What about that dirt? Did you check 5 that? 6 A. I don't recall whether we sampled 7 the soil or not 8 (Another photograph shown.) 9 Q. Whafs this? 10 A. Those are some bottles we use to 11 demonstrate to people the differences in 12 the characteristics between foundry sand 13 and Alabama red clay and the typical area 14 oftop soil. 15 Q. Demonstrate to whom? 16 A. Well, to demonstrate to basically 17 anyone who had questions on this 18 particular issue. 19 Q. Who do you remember asking questions 20 about it that you have used these for? 21 A. When we filed this cost for recovery 22 action, we met with a number of people 23 around Anniston and to help explain the 1 excavation and seen signs of foundry 2 fill, the data we've seen suggests that 3 foundry fill may be present. 4 Q. Did you find PCBs around where this 5 construction is? _ 6 A. Yes, we did. 7 Q. You're of the view that those PCBs 8 came from foundry sand deposited there by 9 U.S. Pipe instead of from the creek that 10 runs under the bridge there? 11 A. I don't know where the PCBs came 12 from. I haven't had an opportunity to 13 conduct any excavation down there to 14 either confirm or deny the existence of 15 foundry sand. I have a document that 16 says there's foundry sand there. I have 17 data that supports that conclusion, 18 chemistry data that supports that 19 conclusion, but as far as physically 20 seeing foundry sand, I can't say that 21 I've seen any there yet. 22 (Another photograph shown.) 23 Q. What's this next picture? 1 | | j j 334.262.7556 Reagan Reporters, LLC www.reaganreporters.com 1.888.662.7556 20 (Pages 77 to 80) ADAD21 -008121 HARTOLDMONOQ38999 CRAIG BRANCHFIELD, VOL. II - 7/22/2003 ' Page 81 Page 83 1 A. That is a picture of Oxford Lake 2 Park. There's a softball area where we 3 found PCBs in a significant amount of 4 foundry fill and this is an example of 5 what we found. 6 Q. Is that in the flood plain? 7 A. Yes, it is. 8 Q. Of Snow Creek? 9 A. Snow Creek, yes. 10 (Another photograph shown.) 11 Q. What are we looking at here? 12 A. Once again, this picture was taken 13 during our cleanup of Oxford Lake Park. 14 This picture shows the black foundry 15 material that we found at the park and 16 you can contrast it very nicely with the 17 native Alabama soil which you see in the 18 background. From a color perspective, 19 there's a very distinct contrast. 20 Q. What's going on in this picture? 21 A. Well, in this picture, we're in the 22 process of conducting a cleanup activity 23 to address PCBs that we found at the park 1 A. What it looks like is that building 2 is a pawnshop that we acquired through a 3 settlement with a former property owner 4 of that pawnshop. We own it now, and 5 about a year and a half ago, we were 6 cleaning it up, basically getting all the 7 garbage out of it and that's what you see 8 there. I don't know why that picture was 9 taken. 10 (Another photograph shown.) 11 Q. What1s this? 12 A. That's a picture of us doing the 13 renovation ofthe inside ofthat pawnshop 14 building, making it usable again. 15 basically. 16 Q. Is the building still there now? 17 A. Yes. 18 Q. Okay. What remediation ofthat site 19 did you do? 20 A. There's no remediation required of 21 that site. 22 MR. SHARMAN: Frank, at a 23 convenient point, I need j j I j j Page 82 Page 84 j 1 through sampling. More specifically. 2 there were four softball fields located 3 at Oxford Lake Park. We tested those 4 softball fields. We found PCBs on three 5 of them, and through an agreement with 6 the City of Oxford and, obviously, with 7 the approval of the EPA, we came in and 8 we removed the upper foot of 9 PCB-containing soil from those three 10 softball fields and, specifically, what 11 you see here is after we removed that 12 upper foot and we're in the process of 13 backfilling with clean soil. J4 Q. So this is actually the area of the 15 softball fields? 16 A. Yes, that's correct. 17 (Another photograph shown.) 18 Q. Same area? 19 A. Yes, same project, same area. 20 Q. Now, I don't know why took you a 21 picture of these trucks, so tell me about 22 that. Something about the stuff on the 23 back ofthat truck that was interesting? . .1 to take a break. 2 MR. DAVIS: Sure. We can do it 3 now. That's fine. 4 (Whereupon, a brief recess was 5 taken at this time.) 6 (Another photo shown:) 7 Q. It looks like the next photograph is 8 a photograph of a shopping center. What 9 is the significance of that? 10 A. This is Quintard Mall. The 11 significance is that we worked on a 12 project in cooperation with the developer 13 of the mall to expand the mall to the 14 east This picture is after that 15 expansion has been completed. In the 16 course of doing this work with the mall, 17 we came across some foundry sands in 18 certain areas that had to be excavated. 19 Q. In what areas? 20 A. I specifically couldn't tell you. 21 This project was completed before I came 22 to Anniston. 23 Q. Do you know whether - j j j j 334.262.7556 21 (Pages 81 to 84) Reagan Reporters, LLC www.reaganreporters.com 1.888.662.7556 I ADAD21 -008122 HARTOLDMON0039000 CRAIG BRANCHFIELD, VOL. II - 7/22/2003 Page 85 Page 87 1 A. I believe it was in the vicinity of 1 Quintard Mall site in and around Snow 2 Snow Creek, you know, close to Snow Creek 2 Creek came from the Monsanto plant, don't 3 which runs underneath the mall right now. 3 you? 4 Q. You didn't observe the so-called 4 A. I don't think I can say that 5 foundry sand yourself at that time? 5 conclusively. We know that Snow Creek is 6 A. At Quintard Mall, no, I did not. 6 in the drainage pathway from the Monsanto 7 Q. How do you know it was there? Where 7 facility. 1 know that there were a 8 did you get the information from? Have 8 number of foundries and other industries 9 you got photographs of the so-called 9 located that also discharged PCBs into 10 foundry sand there or what? 10 Snow Creek. I 11 A. I know it's through discussions I 11 I know that based on the data 12 have had with my predecessor, Alan Fast, 12 we have observed, that and in particular. 13 who was the project manager at the time 13 there's a U.S. Pipe foundry and a company 14 this project was completed as well as 14 called Tull Chemicals that are located 15 some ofthe people that worked on the 15 probably maybe a quarter of a mile, at 16 mall site for Solutia at that time. 16 most, a half of a mile upstream of 17 Q. So when you say the area of Snow 17 Quintard Mall. Both ofthose, we believe 18 Creek, it was an area of Snow Creek, was 18 -- well, Tull Chemical, we know, dumped 19 Snow Creek rerouted as part of this 19 PCBs into Snow Creek and U.S. Pipe, we 20 project? 20 believe they contributed to PCBs in Snow 21 A. It was temporarily rerouted, yes. 21 Creek also. Whether there are specific 22 Q. Okay, and then put back essentially 22 PCBs from Monsanto's facility, I couldn't 23 where it had been before? 23 say for sure. Page 86 Page 88 1 A. Yes. There may have been some minor 2 variations, but basically, where it was 3 before. 4 Q. And was the foundry sand found in 5 the old creek bed? 6 A. I believe it was found in the 7 vicinity ofthe banks of the creek. 8 There may have been some found in the 9 creek bed. 10 Q. In that situation, you say you found 11 or your company found foundry sands in 12 Snow Creek and you found PCBs in Snow 13 Creek, and from that, did you conclude 14 that the PCBs came from foundiy sand? 15 A. No, we haven't concluded that. What 16 we've concluded is there's a potential 17 for PCBs to be at the mall site -18 there's a potential for PCBs to be 19 present at the mall site from sources 20 other than or potential in addition to 21 Monsanto. 22 Q. Well, you fully believe some of die 23 PCBs, at least some ofthe PCBs at the 1 Q. Well, you know that Monsanto dumped 2 a whole a lot more PCBs in Snow. Creek 3 than anybody else ever did, don't you 4 know that? 5 A. No, I don't know that. 6 Q. You know Monsanto, in a typical, 7 average, single day prior to, say, 1969, 8 released more PCBs in Snow Creek than 9 Tull Chemical ever did in the biggest j 10 spill they had, didn't you know that? 1 11 A. I don't know the specific quantity 12 that Tull Chemical released. I know it I j 13 was not insignificant and I don't know 14 any details related to how much Monsanto 15 may have discharged into Snow Creek. 16 Q. You have seen documents that suggest 17 that Monsanto, even after it started 18 trying to restrict the amount of PCBs 19 leaving the plant, even if after it 20 started doing a little bit about that in 21 late-1960 or about that time, was still 22 releasing about two hundred fifty pounds 23 a day of PCBs, don't you know that? 334.262.7556 Reagan Reporters, LLC www.reaganreporters.com 1.888.662.7556 22 (Pages 85 to 88) ADAD21-008123 HARTOLDMON0039001 CRAIG BRANCHFIELD, VOL. II - 7/22/2003 Page 89 Page 91 | 1 A. I have not seen those documents. 1 conducted. 2 Q. You know Tull Chemical never 2 Q. Yes, sir, but did that happen? i 3 released more than two hundred fifty 3 A. I don't know that there was a sign. 4 pounds in Snow Creek, don't you? 4 There were some soils that were excavated 5 A. I don't know that, no. I know that 5 and they were given away to different 6 Tull Chemical released enough PCBs into 6 parties. I know that occurred, and we 7 the creek that it caught the attention of 7 took steps to try and test and recover as 8 the Alabama attorney general's office and 8 much as of that soil as we could. I 9 ADEM and they came up and had to address 9 Q. That occurred after your PCBs in 1 10 it proactively with Tull Chemical. 10 soils had been excavated? j 11 Q. And you know they finally concluded 11 A. Well, our going out and trying to 12 after investigation with regard to Tull 12 find the soil certainly occurred after 13 Chemical the amount of PCBs released into 13 that. . 14 Snow Creek was, quote, "insignificant" 14 Q. The soils were given away after you 15 close quotes, don't you? 15 knew there were PCBs in the Soils being 16 A. I don't know the data that drew that 16 excavated? 1 17 conclusion. The data certainly doesn't 18 suggest that 17 A. Yes, they were given away after we 18 knew that. They were given away by a 1 1 19 Q. Okay. You say Monsanto participated 19 contractor not associated with Solutia. I 20 in the work or the expansion of Quintard 20 It was one ofthe mail's contractors and 1 21 Mall? 21 that was done without our knowledge and j 22 A. Yes. 22 certainly without our approval. We would 23 Q. In what way did y'all participate? 23 never have approved anything like that j Page 90 Page 92 1 A. We participated in respect to the 2 fact that there were -- well, we realized 3 there was a potential for there to be 4 PCBs present at the mall. We went out 5 and we characterized soils in the 6 vicinity of the mall and confirmed that 7 and then we worked with the mall to -- I 8 should say the mall developer to manage 9 those PCB-containing soils. 10 Q. So Monsanto actually had one or more 11 employees onsite during the excavation 12 and the work with the soils? 13 A. At times, yes. 14 Q. Regularly? 15 A. I would classify it as regularly 16 during the management ofthe soils, yes. 17 Q. And did the management of soils from 18 that site include piling some of the 19 contaminated soils up in a big pile and 20 putting a sign on it that said free fill 21 dirt to anybody that wanted to come and 22 get it? 23 A. We were not a party to that being 1 Q. Did your participation or 2 involvement, did that regular 3 participation include educating the 4 contractor on the dangers ofthe soils 5 that he was dealing with? 6 A. We educated the contractor that 7 there were PCBs in that soil, yes. 8 Q. And so your view would be of the 9 facts of what occurred would be even 10 though Monsanto carefully educated the 11 contractor about PCBs being in the soil 12 and dangers ofPCBs, the contractor. 13 nevertheless, decided well, what the 14 heck. I'll just give them away to anybody 15 that wants them in the community? 16 A. Well, we didn't discuss anything 17 about the danger. We don't think there's 18 anything dangerous about it. The 19 presence ofPCBs was known to the 20 contractor and, certainly, we did not 21 authorize or approve in any way and we 22 were very upset when we found out that 23 that contractor was giving that soil j 1 | 334.262.7556 23 (Pages 89 to 92) Reagan Reporters, LLC www.reaganreporters.com 1.888.662.7556 ADAD21 -008124 HARTOLDMON0039002 CRAIG BRANCHFIELD, VOL. II - 7/22/2003 Page 93 Page 95 j 1 away. He did it without our knowledge 2 and without our permission and he 3 shouldn't have done it. 4 Q. Do you didn't tell him there were 5 any hazards associated with PCBs? 6 A. Specifically what types of hazards 7 are you saying? 8 Q. Small children born with 9 neurological injuries as an example. 10 A. No, we would not have discussed 11 that. I'm not here to testify about 12 health effects, but it's my personal ! 13 opinion that PCBs don't have those types 14 of effects on children or people. 15 Q. I didn't ask that question, but you 16 need to do a little bit more reading. 17 A. Well, you implied it and I -18 MR. SHARMAN: Object to form. 19 Argumentative. Move to 20 strike. 21 Q. I withdraw the comment, but I would 22 appreciate, sir, ifyou would answer my 23 questions and not just go offtalking 1 Q. PCBs at Quintard Mall, there are 2 still PCBs underneath the mall there? 3 A. Yes. 4 Q. Do PCBs still exist underneath the 5 pavement there? 6 A. Certain portions ofthe pavement. 7 yes. They were left in place, you know, 8 with die approval of the -- in this case. 9 the state regulatory agency, ADEM. 10 Q. Y'all got a lot ofthings approved 11 by ADEM, didn't you? 12 MR. SHARMAN: Object to the 13 form. 14 A. All the work we're doing up until 15 recently has been done under a RCRA 16 permit issued by the State of Alabama and 17 we have to comply with that permit which 18 is enforced by ADEM, so yes. 19 (Another photograph shown.) 20 Q. What's that picture ofthose pretty 21 flowers? 22 A. That is an area on our plant site. 23 Q. And it's significant because why, i I ! Page 94 1 about some subjects, okay? Now my 2 question to you, though, was just did you 3 educate this contractor that the PCBs 4 were hazardous, were dangerous? 5 A. No, he was educated that there were 6 PCBs present and that soil needed to be 7 actively managed by Solutia. 8 Q. And did you just assume, then, from 9 the fact that you said the word "PCBs" 10 that this contractor knew all about what 11 to do of not to do with PCBs? 12 A. They were directed that PCB soils 13 should not be taken offsite and they did 14 it anyway. 15 Q. Who was this contractor? 16 A. I believe the name of contractor was 17 -Holmes Excavation. 18 Q. Is this a big national company or 19 little local outfit? 20 A. They're not national, but they're 21 larger than local. I would say regional. 22 They're not a mom-and-pop shop, for 23 . example. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 Page 96 flowers grow on your plant site or what? A. I don't know why it's significant It's an area of our site that was cleaned up and remediated under our RCRA permit I mean, we found PCBs in that area. Q. Where there on the site is that? A. It's located in the -- it would be the southeast comer ofthe plant. That's - in the background that's Highway 202 and then the south landfill is directly on the other side there. Q. In what way did y'all remediate that? A. It was with a cap and cover system. Q. What was the level of PCBs that were found at that location of the plant? A. I don't know specifically. I would have to go back and look at the data. It was greater than a part per million. Q. Under ten? Between one and ten or do you remember? A. I don't remember. It was addressed because they were greater than one and I t I 334.262.7556 Reagan Reporters, LLC www.reaganreporters.com 1.888.662.7556 24 (Pages 93 to 96) ADAD21 -008125 HARTOLDMON0039003 CRAIG BRANCHFIELD, VOL. II - 7/22/2003 Page 97 Page 99 J 1 there was a potential for them to migrate 2 away from the facility so we had to 3 contain them. 4 Q. Did you get more consistent testing 5 over there or at some places, you get ten 6 and other places, you get nondetect 7 and other places, you get one? 8 A. I don't know. I would have to look 9 at the data. 10 Q. Exactly how did you remediate it? 11 Same thing, take a foot off, put a foot 12 ofclean dirt, or do something different? 13 A. I don't know specifically what was 14 done. There was -- but the remedy, in 15 general, was a capping remedy where there 16 was a liner material placed down and then 17 at least twelve inches, typically more, 18 like fourteen or sixteen inches of clean 19 soil and vegetative layer placed on top 20 of that soil. 21 Q. Did you put a liner down? 22 A. Yes. I don't know specifically what 23 kind of liner, whether it was just a 1 decision, depending on which or both, I j 2 would fully expect we would propose what j 3 we did here as a final measure, yes. 4 Q. And you will just leave the PCBs in 5 place below that foot that you put on top 6 of it? * 7 A. Yes, and we would continue to 8 monitor -- to cover to make sure it 1 9 wasn't eroding and we would sample the 10 surface water that comes from that area 11 regularly in accordance with our 12 state-issued permit to make sure, once j | 13 again, that PCBs aren't migrating from 14 that area. 15 Q. And is that a picnic table there on 16 top of it? 17 A. Yes, there's a picnic table in that 18 picture. 19 Q. Y'all actually encourage people to 20 go over there and have picnics at that 21 table? 22 A. There's no reason --1 can't say we 23 encourage people, but there's no reason Page 98 Page 100 1 fabric material or whether it was an 2 impermeable liner. 3 Q. Why did you put a liner down here? 4 A. Because we didn't remove any soils 5 from this area that I'm aware of and we 6 wanted that,liner there to differentiate 7 for us for future purposes of where the 8 PCB-containing soils were and where the 9 clean soils were. 10 Q. Did you regard this as an interim 11 measure or as a permanent measure? 12 A. As an interim measure at this time. 13 We would certainly propose, when we reach 14 that point in the process, we would 15 propose that as a final measure, but we 16 haven't reached that point yet IT Q. As long as the EPA doesn't make you 18 do any more, this would be final as far 19 as you're concerned? 20 A. EPA and ADEM, we would certainly -- 21 as long as EPA or ADEM, as I said, when 22 we get to the time of a final permit. 23 RCRA permit modification or a record of 1 why plant employees can't go over there 2 to have their lunch or whatever in that 3 area. 4 (Another photograph shown.) 5 Q. Let's go down here to that little 6 backhoe. 7 A. This is a clean up of a residential 8 property located at 717 Zen Parkway. 9 Q. Any significance to this particular 10 picture? 11 A. In this picture, we're actually back 12 filling the yard. The only significance 13 ofthis property is -- and we have . 14 discussed this one earlier. I should 15 take that back. We're probably removing 16 soils from this property based on the 17 fact that the gentlemen in the picture is 18 wearing some booties. But we found 19 foundry material on this property. 20 (Another photograph shown.) 21 Q. What is this picture? 22 A. This is just a picture of a crew in 23 the field. Either - well, they're 1 1 j 334.262.7556 25 (Pages 97 to 100) Reagan Reporters, LLC www.reaganreporters.com 1.888.662.7556 { ADAD21 -008126 HARTOLDMON0039004 CRAIG BRANCHFIELD, VOL. II - 7/22/2003 Page 101 Page 103 1 1 sampling a yard or preparing to sample a 1 A. Back in early- to mid-2000. 2 yard is what they're doing. 2 Q. About thirteen years ago? 3 (Another photograph shown.) 4 Q. How about this picture with the fish 3 A. No, about three years ago. 4 Q. I'm sorry, about three years ago? J j 5 in it? 5 A. Three and a half years ago, correct. J 6 A. Well, that picture is actually, as 6 Q. Excuse me. So you learned about 1 7 I've come to learn, that's not even a 7 three and a halfyears ago that there 8 picture from Anniston. That's a picture 8 were PCBs in the flood plain on the sewer 9 that one ofmy consultants sent me and I 9 board's property; right? 10 thought it was from Logan Martin Lake, 10 A. Yes. 11 but I was later told that I was 11 Q. And when did you actually start 12 incorrect. 12 doing something about that? 13 Q. It's got nothing to do with this 14 case? 13 A. We started doing something about it 14 right away as soon as we learned ofthe 15 A. It means nothing to Anniston or 15 activity that was going on down there. 16 anything that Solutia is working on. 16 Q. Y'all went down there and threw some 17 (Another photograph shown.) 17 plastic over the top of it back then; 18 Q. What's this pile of dirt? 18 right? 19 A. This is a pile of dirt from the 19 MR. SHARMAN: Object to form. 20 Choccolocco Waste Water Treatment Plant. 20 A. Well, what we did was we went down I 21 We did some work with the Anniston Water 21 and characterized the area. The water j 22 Works and Sewer Board to assist them in a 22 board had excavated some soils. We j 23 plant expansion that is still ongoing. 23 needed to sample those, which we did. We 1 . Page 102 Page 104 j 1 We had to remove about a thousand cubic 2 yards of material which you see piled 3 here and the significance is we're just 4 finding a lot oftrash. You can see 5 tires. You can see old pipes, just 6 different things in this pile. That's 7 the only significance of it. 8 Q. Okay. Is this area in the flood 9 plain of Snow Creek and Choccolocco 10 Creek? 11 A. Yes, it is. 12 Q. Does it surprise you to find old 13 tires and things like that in a creek? 14 A. No, not particularly. 15 (Another photograph shown.) 16 Q. Same area? 17 A. Yes. .. , 18 Q. Now, you said you were assisting the 19 water works sewer board. When did the 20 situation; that is, there being high 21 levels of PCBs on the sewer board's 22 properly in the floods plain first come 23 to your attention? 1 also needed to sample other areas around 2 the property so that we could understand 3 the nature and extent of PCBs on the 4 property and that was the first step and 5 that was completed fairly shortly after 6 we learned what was going on downthere. 7 Q. When is the first time y'all did ' 8 something other than test it? - 9 A. Well, it would have been this work 10 right here which was conducted, I want to 11 say, maybe a year, a year and a half ago. 12 early to mid-2002. 13 Q. A couple of years after you first 14 found out about it? 15 A. About a year and a half, a year and 16 a half to two years after we first became 17 aware of it, yes. 18 Q. What did you do here? What are 19 y'all doing in the this picture? 20 A. In this particular picture, there 21 was an area, and I don't know what the 22 specific excavation was for, but it was 23 part of the Anniston Water Works and j 1 j 1 I 1 1 1 [ j 1 1 334.262.7556 Reagan Reporters, LLC www.reaganreporters.coni 1.888.662.7556 26 (Pages 101 to 104) ADAD21 -008127 HARTOLDMON0039005 CRAIG BRANCHFIELD, VOL. II 7/22/2003 Page 105 Page 107 1 Sewer Board's expansion oftheir facility 2 and they needed to install some equipment 3 in this area that required excavation of 4 about four feet of material. 5 We had sampled this area. It 6 determined that there were PCBs present 7 in this area in that one to three to four 8 part per million range, pretty low 9 concentrations in this area. But it was 10 still there and we had to actively manage 11 it, so we sent a contractor down there to 12 perform that excavation and stockpile the 13 material. 14 Q. The highest level y'ail found down 15 at the sewer plant was one to three or 16 four parts? 17 A. In the area shown on this particular 18 picture, yes. There's areas 19 Q. Did you find other areas over 20 fifty? 21 A. Yes. 22 Q. As oftoday, that three and a half 23 years later or whatever it is, what have 1 to do that and, you know, there are times 2 in the process when we have to go dig up 3 some soil because of the presence of 4 PCBS. There are other times when they're 5 doing all above-ground work and Solutia 6 will demote from the site for a period of 7 time so they can complete their non-PCB 8 related work, so that is ongoing and it 9 has been ongoing, now for, as I said. 10 perhaps a year, a year and a half. 11 The stockpiled soils, when we 12 learned ofthe stockpiled soils, 13 initially, we went out and we 14 characterized it. We then have prepared 15 and have gotten approval for a corrective 16 measure study for addressing that 17 stockpiled soil. We got that approved by 18 ADEM. We've prepared a design for 19 capping that material in place, basically 20 consolidating the pile and capping it and 21 that is currently going through a public 22 comment period actually as of today. And 23 as soon as that's done and our permit Page 106 Page 108 I 1 you done to clean up the PCBs found at .1 gets modified, we'll go down there and 2 the sewer plant? 2 we'll complete that activity. 3 A. Well, ifs been going on on two 3 The water board, in the 4 parallel paths, the work down at this 4 interim, had some responsibilities under 5 plant. One path is to address the 5 a consent decree that they had signed 6 stockpile of soils that the water board 6 with ADEM to address their conduct with 7 excavated even though they knew there 7 relation to this stockpile and they were 8 were PCBs there and that they shouldn't 8 responsible for putting, basically, a 9 be excavating that material. The other 9 tarp over the pile and setting up erosion 10 parallel path was to work with the water 10 controls to help prevent any migration of 11 board to complete their plant expansion. 11 PCBs away from that stockpiled soil into 12 Now, I'll start with the plant 12 the adjacent creeks. 13 expansion. We prepared -- well, first 13 Q. Do y'ail intend to haul the dirt out 14 of all. we characterized the area so we 14 of that location in the flood plain of 15 knew what we were dealing with. We 15 Snow Creek and Choccolocco Creek that's 16 prepared a work plan which we got 16 full of PCBs? 17 approved by ADEM to go down and conduct 17 A. Well, once again, there's two parts 18 excavations'in certain areas, one of 18 of that question, but any future 19 which you see right here (indicating 19 excavations that have been conducted 20 photograph) to allow that plant expansion 20 where the material is greater than fifty 21 to move forward, and thafs currently in 21 parts per million, yes, it gets hauled 22 progress. 22 out to a mill, to the waste facility in a 23 We're still working with them 23 mill. Anything less than fifty and the | 1 1 1 1 | 334.262.7556 27 (Pages 105 to 108) Reagan Reporters, LLC www.reaganreporters.com 1.888.662.7556 ADAD21-008128 HARTOLDMON0039006 CRAIG BRANCHFIELD, VOL. II 7/22/2003 Page 109 Page 111 j 1 stockpiled soils which contain some 2 material greater than fifty will be 3 managed on the site. 4 Q. The stockpiles and material that 5 have already been dug out, if they are 6 over fifty, you are going to haul them 7 out to a mill; right? 8 A. No, that's not correct. 9 Q. You're just going to leave them 10 there and cap them? 11 A. They are going to be incorporated 12 under this cap, yes. 13 Q. So no matter how high they are, you 14 are going to leave them there and cap 15 them? 16 A. Yes. 17 Q. The ones that have already been dug 18 out? 19 A. The ones that were dug out and 20 placed on the stockpile on the east side 21 ofthe creek. 22 Q. By the sewer company? 23 A. By their contractor. 1 A. If the risk assessment and the j 2 feasibility study, which we may conclude, j 3 it's not necessarily EPA. We do the 4 feasibility study. We are the ones that 1 5 recommend a cleanup alternative to EPA. 6 Now, whether EPA agrees with that or not. 7 sometimes they will and sometimes they 8 may not, but we may propose to remove j 9 some soil, but until we conduct that 10 process, I can't tell you whether we j 11 would or not. j 12 Q. So you can tell me that, at least as ! 13 ofthis moment in time, that even though 14 you know there are PCBs in the soil 15 adjacent to Snow Creek and Choccolocco 16 Creek and, in particular, in the flood 17 plains ofthose creeks at levels that I 18 exceed fifty parts per million in some I 19 cases, you have no current intention of 1 20 removing it? | 21 A. There's no current intention to j 22 remove them, no, but we may propose j 23 something different when we complete the 1 Page 110 Page 112 1 Q. Okay. There are additional soils in 2 the vicinity that have not been dug out 3 yet that have PCBs in them; right? 4 A. Yes. 5 Q. Do you have any intention of 6 removing those soils? 7 A. They will be removed to the extent 8 that it's required to support the plant 9 expansion that's occurring at the waste 10 water treatment plant. 11 Q. What about otherwise? 12 A. Otherwise, right now, there are no 13 plans to remove them. Now, this area 14 will fall under the RIFS that will be 15 done under the consent decree that we've 16 signed with the EPA, and should that 17 program, that remedial investigation and 18 feasibility study program and the risk 19 assessment conclude that additional 20 removal is required, then, yes, we would 21 go down and conduct that. 22 Q. If the EPA makes you do it, you'll 23 do it? 1 RIFS process, but right now, the answer 2 to your question is no. 3 (Another photograph shown.) 4 Q. Now, on a different disk. Can you 5 tell me what I'm looking at there? 6 A. This is the old pawnshop building 7 that we talked about earlier and the 8 renovation. 9 Q. What was done with that? Doy'all 10 rent it out to somebody or use it 11 yourselves? What are you doing? 12 A. Well, we opened a portion of it for 13 the EPA to use as a project office and 14 they're currently doing that. There's 15 another portion that we are in the 16 process of setting up for use as a 17 document repository and a meeting of our 18 citizen's advisory group which we'II be 19 putting together here soon. And then 20 there's a third portion that's used by 21 our field crews for processing samples 22 and storing samples. 23 (Another photograph shown.) | 1 1 1 | j I | | j 1 | 1 1 1 I j j 1 1 1 J i 334.262.7556 Reagan Reporters, LLC www.reaganreporters.com 1.888.662.7556 28 (Pages 109 to 112) ADAD21-008129 HARTOLDMON0039007 CRAIG BRANCHFIELD, VOL. II - 7/22/2003 Page 113 Page 116 J 1 Q. Whafs the next photograph after 2 those pictures of the pawnshop? It's got 3 a tractor and a ditch? Do you know what 4 that's about? 5 A. From this picture, I can't tell you 6 specifically where that's located at. 7 Q. Anything significant about that 8 picture that you know? 9 A. Well, you notice a lot of rock and 10 material in the soils being excavated 11 which suggests or may be some foundry 12 fill, but then again, in the background 13 you see railroad tracks and rock there so 14 itmayjustbesoilmixedup. I don't 15 know what project that is from the 16 picture. 17 (Another photograph shown.) 18 Q. Does the next picture help any? 19 A. Yes, as a matter of fact, it does. 20 Those are photographs that may be 21 photographs from when we were working 22 with a concrete company called LaFarge to 23 construct a cement plant on property we 1 allowed LaFarge to come in and build a 2 concrete plant on top of that capped 3 portion of the property. 4 Q. Did you sell die property to 5 Lafarge, lease it to them? What did you 6 do? 7 A. We're leasing it to them. 8 Q. Okay. What were the levels of PCBs 9 on this piece of property? 10 A. They varied between nondetect and I 11 believe there were some samples that we 12 took that were up to one thousand parts 13 per million. 14 Q. Did you haul any ofthat dirt out? 15 A. I don't believe we took any ofthe 16 soil offsite from the north side 17 property. I believe it was all capped in 18 place. 19 Q. And capped with a one-foot cover or 20 how did you cap it? 21 A. On this particular property, there 22 were some portions where we put down a 23 high density polyethylene or much more j | j j j | j j 1 j j j Page 114 Page 116 | 1 owned north of our facility. There was 2 some excavation that was required on that 3 property and I believe that's what we're 4 looking at are some photographs that were 5 taken during that excavation activity. 6 (Another photograph shown.) 7 Q. And you've got a close-up picture of 8 some of the dirt taken out of a trench. 9 Is there anything significant about that? 10 A. A potential for there to be foundry 11 fill based on the sandy look of the 12 material as well as the discoloration. 13 the nonuniformity in the color and the 14 rocky material in die soil. 15 Q. And this is to a piece of property 16 that y'all owned and that you were doing 17 something with LaFarge with? 18 A. Right, ifs a property that we 19 purchased under our property purchase 20 program north of our facility. We had 21 actually put in a cap and cover system on 22 this property with ADEM and the EPA's, I 23 guess, blessing is the best word, have 1 thicker, sturdier liner. There were 2 other areas where we just put down a 3 light fabric material and then we put a 4 minimum of twelve inches of soil and then 5 the vegetative layer on top. 6 Q. The thicker material you referred 7 to, is that impermeable? 8 A. Well, it had a very low 9 permeability. You could classify it as 10 impermeable, but we call it low 11 permeability material. 12 Q. And was there a distinction between 13 when to use one material and when to use 14 the other one? 15 A. As I recall, and the actual work 16 plans were done before I came to the 17 project, as I recall, it was based on -- 18 the concentration of PCBs was the 19 criteria for making that determination. 20 Q. And over what level do you think was 21 the more impermeable? 22 A. I don't recall. 23 Q. All right, and your leasing the | j j j 1 j 334.262.7556 29 (Pages 113 to 116) Reagan Reporters, LLC www.reaganreporters.com 1.888.662.7556 L ADAD21 -008130 HARTOLDMON0039008 CRAIG BRANCHFIELD, VOL. II - 7/22/2003 Page 117 Page 119 ! 1 property to LaFarge. What's the term of 2 the lease? 3 A. The terms as far as how long? 4 Q. Yes. 5 A. I don't recall off the top of my 6 head. 7 Q. What are they putting on the 8 property? 9 A. What is LaFarge putting on the 10 property? 11 Q. Yes. 12 Q. Well, they have installed concrete 13 over a large portion ofthe property, a 14 large concrete pad so it can withstand 15 truck traffic, and there's --1 don't 16 know much about the concrete business, 17 but there's hoppers and bins for storing 18 the different sands and material that 19 they need to make their cement. 20 (Another photograph shown.) 21 Q. Any significance to this? Still the 22 same area? . 23 A. Based on the date and on the 1 A. It was purchased because we knew 2 there had to be some remediation done on 3 that property due to the presence of 4 PCBs, so I guess, yes, you could say it 5 was purchased. 6 (Another photograph shown.) 7 Q. All right, what are we looking in 8 this picture dated March 21,2003? | j 9 A. This is Oxford Lake Park again and 10 what you're looking at is a picture of an 11 area ofthe park that is generally 12 between the softball fields we looked at 13 earlier and Snow Creek. Snow Creek is 14 actually in the background there running | 15 under the bridge you can see and as part 16 of a final interim measure at the park, 17 we installed a one-foot soil cap on a 18 section of the park and that's what you J I 19 see here. What we're in the process of j 20 doing is actually installing that cap. I 21 Q. This is the same place where you 1 22 said Oxford Lake was we looked at in some | 23 earlier pictures? j Page 118 Page 120 I 1 photograph, I would conclude it's the 2 same area, and once again, the 3 significance, the same things we've 4 talked about before, the texture and the 5 color of the material, the different 6 color of the material between different 7 locations. 8 Q. How big is this piece of property. 9 by the way? 10 A. It's probably in the order of, 11 perhaps, fifteen acres. 12 Q. Is this a piece of property -- who 13 did you buy it from and when? 14 A. It was owned by a number of 15 different people. There were several 16 different light industrial properties in 17 this area. I believe there algo may have 18 been a few residential properties in this 19 area also. 20 Q. And when was it purchased? 21 A. Late-1990s. 22 Q. Was it purchased because of PCB 23 contamination? 1 A. Yes. ' 2 Q. Where is that in relationship to 3 this photograph? Can you tell me where 4 it is? 5 A. Where Oxford Lake is? 6 Q. Yes. r 7 A. Well, Oxford Lake is actually a 8 pretty good distance from this spot, a 9 pretty good distance, it is an eighth of 10 a mile, maybe a quarter of a mile. 11 Q. Which direction, towards us or back 12 your way? 13 A. It would be -- well, it's to the 14 northeast ofthis location. 15 Q. I don't know which way this 16 photograph is oriented so can you tell me 17 which direction it is from here? 18 A. It would be to the right and towards 19 us about, I would say, between an eighth 20 and a quarter of a mile away. It's up on 21 a hill from this location. 22 Q. Is the lake there in the flood plain 23 of Snow Creek? J I J I j | j j 1 I ! 334.262.7556 Reagan Reporters, LLC www.reaganreporters.com 1.888.662.7556 30 (Pages 117 to 120) ADAD21-008131 HARTOLDMON0039009 CRAIG BRANCHFIELD, VOL. II * 7/22/2003 Page 121 Page 123 1 A. No. 2 (Another photograph shown.) 3 Q. Okay. What am looking at here? 4 A. Same picture, just a different angle 5 or same location as the last photo, just 6 different angle. You can see Interstate 7 20 in the background there. 8 Q. And the water I see there in the 9 front, does it have any significance? 10 A. It's just ponded water from recent 11 rains. 12 Q. Does broken glass relate to 13 something? 14 A. I'm sure that was a picture taken by 15 somebody that works for me to document 16 that we had a piece ofbroken glass in 17 the pawnshop that needed to be replaced 18 by the people doing the renovation. 19 (Another photograph shown.) 20 Q. Whafs going on here where we've got 21 this core drilling, April 2nd? 22 A. That is --1 don't know. Maybe if 23 there are some additional pictures. I'll 1 find PCBs, yes. 2 Q. Do you recall what levels? 3 A. Not specifically, no. Less than 4 fifty, but specific levels, no, I don't 5 recall. 6 (Another photograph shown.) 7 Q. It looks like the bottom of a pole. 8 Is there some significance to that? 9 A. No, not that I'm aware of. 10 Q. It may not be the bottom. 11 A. I think what they did with the 12 wooden poles was they just cut them off 13 at the base. Why we would have taken a 14 picture ofthat, I dont know. It has no 15 significance as far as I know. 16 (Another photograph shown.) 17 Q. What about this picture here, any 18 significance to that? 19 A. No, my guess is they're just moving 20 the pole. Theyjust cut it off at the 21 base. 22 Q. We've got some dirt here and a tarp, 23 any particular significance to that? Page 122 Page 124 1 be able to place it. 2 (Another photograph shown.) 3 Q. How about this one? 4 A. Yes, this is -- Alabama Power owns a 5 fairly large substation that is to the 6 west of our facility. They needed to 7 install some new power poles. We 8 recognized that there was a potential for 9 PCBs to be present on that property so we 10 worked with them over there to manage the 11 soils that were being -- the excess soils 12 that were being generated during the 13 process of installing these power poles, 14 and that's what we're seeing here is the 15 power poles being installed. 16 Q. Is that the same general area where 17 PCBs had earlier been found to be seeping 18 from the sides ofthe trench? 19 A. Yes, ifs in that same area as the 20 west end landfill. 21 Q. Did you find PCBs here when you did 22 this work on installing these poles? 23 A. On most of the locations, we did 1 A. Not that I'm aware of, no, just 2 showing the dirt that was, you know. 3 pulled up when they drilled down to 4 create the hole for die pole. 5 (Another photograph shown.) 6 Q. What do we have here? It looks like 7 some kind of testing equipment. 8 A. It's a meteorological station that 9 we recently installed on our plant site 10 to support an air pathway study. 11 Q. Who's this guy in the photograph? 12 A. That is a gentleman that works for 13 me at Solutia that does some ofthe field 14 oversight work for me. 15 Q. Has any part of this study been 16 completed? 17 A. Yes, we actually started collecting 18 data for this air study, I want to say in 19 April, and that data will continue to be 20 collected for a year in accordance with 21 the work plan and then we'll let the 22 scientists go to work and tell us what it 23 says. 334.262.7556 31 (Pages 121 to 124) Reagan Reporters, LLC www.reaganreporters.com 1.888.662.7556 i ADAD21 -008132 HARTOLDMON0039010 CRAIG BRANCHFIELD, VOL. II - 7/22/2003 Page 125 Page 127 1 Q. Has any of it been submitted to any 2 regulatory authority yet? 3 A. Yes, the data we collect is given to 4 ADEM and EPA every other month. 5 (Another photograph shown.) 6 Q. What about these flowers here, 7 actually shrubs? 8 A. I don't know. 9 (Another photograph shown.) 10 Q. Any significance to this next 11 picture? 12 A. Not that I'm aware of no. 13 (Another photograph shown.) 14 Q. What about this one? 15 A. No, I think these are home photos, 16 actually, because that's the wife and 17 grandson of one ofthe guys that works 18 for me. 19 (Another photograph shown.) 20 Q. Okay. What about the picture taken 21 4-10-2003 where you have a guy with an 22 orange jacket? 23 A. Well, that's in the vicinity of 1 Q. And does that include the area like 2 around where these people are standing? 3 A. Yes, it does. 4 (Another photograph shown.) 5 Q. And we have a picture here, I don't 6 know ifthat's the same side ofthe 7 street that they were standing on a 8 minute ago or the other side. Do you 9 know? 10 A. I believe that's where they were 11 standing, as a matter of fact, in the 12 previous photo. 13 Q. And you knew that area over there 14 contained PCBs and they were going to be 15 doing some construction work there? 16 A. Yes. 17 Q. And so you were out to be sure if 18 they started up some dirt that it got 19 handled correctly; is that the idea? 20 A. Yes, that's correct. 21 Q. How broad an area around there did 22 you have those same concerns about? 23 A. Well, for this particular project, j j j 1 i 1 | j 1 I j j j 1 Page 126 Page 128 | 1 where some railroad tracks cross 2 Clydesdale Avenue just down the street 3 from our plant, from the Solutia plant. 4 They had to run some - there was some 5 utilities under Clydesdale and so we were 6 down there working with them on that 7 project to deal with any excess soils 8 that were generated, whether they 9 contained PCBs. 10 Q. Do you recall anything about the 11 results from that? 12 A. I don't know that we sampled 13 specifically for that project We had 14 characterized that area under the 11th 15 Street ditch project which is why we knew 16 we needed to be down there when they did 17 this work and work with them to deal with 18 the soils that they generated. This is 19 all the same stuff. 20 Q. So you had characterized the area 21 earlier and you had contained -- that 22 area contained PCBs? 23 A. Yes. 1 it was limited to this intersection right 2 here. 3 Q. I guess, in terms ofyour knowledge, 4 that there were contaminated soils there 5 that you would need to be concerned about 6 if construction were to occur. For 7 example, did that knowledge apply to all 8 four comers of that intersection or one 9 comer or how was that? 10 A. Based on the data we collected, that 11 area all around that intersection had the 12 potential for there being PCBs present 13 Q. And how large an area was that that 14 you were concerned about? 15 A. Once again, the specifics to this 16 project, it was just that intersection. 17 Q. But another project that occurred, 18 for example-- 19 A. This is right along the 11th Street 20 ditch, and basically, from our facility 21 to where the 11th Street ditch goes into 22 Snow Creek, we have a concern that whole 23 stretch about the potential presence of \ j | | j I 1 334.262.7556 Reagan Reporters, LLC www.reaganreporters.com 1.888.662.7556 32 (Pages 125 to 128) ADAD21 -008133 HARTOLDMON0039011 CRAIG BRANCHFIELD, VOL. II - 7/22/2003 Page 129 Page 131 1 PCBs. 2 Q. Okay. You know, in general, that 3 PCBs have been found in those areas of 4 reasonably high levels? 5 A. Well, they have been found in those 6 areas. High is a relative word, but they 7 have been detected above a part per 8 million. 9 Q. Has any -- well, when were they 10 detected? 11 A. Well, the initial sampling took 12 place in 1999. Let me take that back. 13 The initial sampling took place in 2000, 14 and there was some follow up sampling 15 conducted in -- it would have been either 16 2001 or early-2002. 17 Q. And this area that you have 18 described, is that all public property or 19 a combination of public and private 20 property? 21 A. Ifs primarily -- most of it is in 22 Norfolk-Southern Railroad right-of-way, 23 so private property. 1 What we are waiting for to get 2 started is basically permission from 3 Norfolk-Southern to go onto their 4 property and do the work and we're real 5 close to having that done. I think we're 6 real close to having an access agreement 7 with them to conduct the work. 8 Q. How long are you trying to get 9 access to clean it up? 10 A. With Norfolk-Southern, we've been 11 working actively with them for about four 12 months, I would say. 13 (Another photograph shown.) 14 Q. This picture dated April 7, 2003? 15 A. Once again, I think that might be 16 personal pictures of the guy that works 17 for me. 18 (Another photograph shown.) 19 Q. What about these? 20 A. It has no significance to me. 21 Q. This culvert here, no significance? 22 A. No. 23 Q. More flowers? Page 130 Page 132 1 Q. And what has been done with regard 2 to remediate either on a temporary basis 3 or a permanent basis the areas you 4 described? 5 A. Well, back in the early-1990s, I 6 don't know the exact year, '911 believe. 7 under an agreement with ADEM, and I 8 believe the EPA might have been involved 9 from an oversight level, but we went in 10 and we removed all the sediments from the 11 ditch that we found contained greater 12 than fifty parts per million, so that's 13 one activity that has been completed. 14 Subsequent to that, we went out 15 and we did additional characterization. 16 which I just described to you. Some of 17 it was done under our RCRA permit. Some 18 of it was done under our administrative " 19 order with the EPA. We have prepared and 20 gotten approval for a -- what we call a 21 removal action work plan for this ditch. 22 We've completed the design to implement 23 that corrective measure. 1 A. No, once again, I think these are 2 all personal photographs. 3 (Another photograph shown.) 4 A. This one is not This is a property 5 we cleaned up. 6 Q. This is one that we looked at 7 before, though, I think. 8 A. Right, thafs correct. 9 Q. Lots of pictures ofthat one. That 10 must have been the first one you did. 11 A. Thafs actually the most recent 12 property that we've cleaned up. 13 (Another photograph shown.) 14 Q. What are we looking at here? 15 A. I think we're looking at the same 16 property based on the date in the comer 17 of the picture. What we see in the 18 background is a roll-off container which 19 contain the PCB soils being loaded onto a 20 truck where it could be taken to the 21 landfill. 22 (Another photograph shown.) 23 Q. What about here? 334.262.7556 33 (Pages 129 to 132) Reagan Reporters, LLC www.reaganreporters.com 1.888.662.7556 ( ADAD21 -008134 HARTOLDMON0039012 CRAIG BRANCHFIELD, VOL. II - 7/22/2003 Page 133 Page 135 j 1 A. That is some soil that we are 2 stockpiling on a property which we call 1 fifty? 2 A. No, not all of it. I mean -- 1 | 3 the Miller property. There are some -1 3 Q. You decide what goes there and what 4 should say a company has expressed an 4 doesn't? That's confusing? 5 interest in locating a light 6 manufacturing industry there and one of 5 A. It's a case-by-case decision, and to 6 be honest, it's primarily driven by how 1 7 the things that would need to be done for 8 them to do that is we would have to 7 far it has to be hauled or if there's a 8 better use for it at the place where j 9 basically grade that property and level 10 it out a little bit and what we've 9 we've removed it. For example, and I j 10 don't know where this dirt came from, but J 11 started doing is stockpiling some soil 11 - 12 there that we think we might be able to 12 Q. But for example, ifyou're over at j 13 use to complete that effort. 14 Q. You use it basically as fill 15 material? 16 A. Basically, yes. 17 Q. And is this dirt that you're putting 18 there contaminated with PCBs? 19 A. I would say, based on the date, yes, 20 it probably is. It's probably -- well, 1 13 the park there in Oxford, some of the 14 dirt you left in place and kept there? 15 A. Yeah. 16 Q. And whereas, in the area where the 17 Miller property is, you would be more 18 likely to put dirt there ifthe place you 19 were removing it from were closer to the 20 Miller property; is that the idea? | | j I I j j 1 21 won't say probably. It does have PCBs 22 above a part per million. 23 Q. And less than ten? 21 A. More or less, yes. You know, 22 there's, once again, material that's, you 23 know, kind of what goes into the I f Page 134 Page 136 1 1 A. If it came from -- I don't know 2 specifically what project that came 3 from. I know ifs a less than fifty. 4 because if it was greater, it would have 5 to go to a mill, but certainly it's going 6 to be greater than one. 7 Q. And what dirt, in general, are you 8 putting on the Miller property for this 9 purpose? Is it dirt from die residential 10 cleanups, for example? 11 A. It could be. What we've proposed to 12 the EPA, and they haven't approved it 13 yet, so we may very well have to take 14 this up, dig it back up, I should say. 15 but what we've proposed to diem is to use 16 any material less than fifty parts per 17 million that we excavate and use it to 18 grade this property which already 19 contains PCBs on it and then put a 20 one-foot cap on that. 21 Q. Okay. And this -- currently, are 22 you putting dirt there from wherever 23 you're removing dirt thafs less than 1 decision-making process is if the .. 2 material is less than fifty and the EPA 3 and/or ADEM approves it, we can manage 4 that material onsite under the toxic 5 substances control act, TSCA. If it's 6 greater that fifty, then it obviously has7 to go to a landfill or mill, so if we can 8 make some beneficial use ofthat 9 material, we think thafs an appropriate 10 thing to do and that's what we're trying 11 to accomplish here. 12 Q. Okay. And also save more money at 13 the same time? 14 A. This is more cost-effective, but 15 thafs not what drives the decision. 16 It's obviously the concentrations in the 17 ~ soil and, once again, when you haul dirt 18 to a landfill, it provides no beneficial 19 use. Youjust have to bring in dirt from 20 somewhere else, so there's more than just 21 a cost issue you look at when you do 22 something like this. " 23 (Another photograph shown.) j 1 J | I 1 1 j 1 1 j 8 8 I 1 i I I | I j 1 j 334.262.7556 Reagan Reporters, LLC www .reaganreporters.com 1.888.662.7556 34 (Pages 133 to 136) ADAD21 -008135 HARTOLDMON0039013 CRAIG BRANCHFIELD, VOL. II 7/22/2003 Page 137 Page 139 j 1 Q. Same area, the Miller property? 2 A. Yes, I think that's the same picture 3 just a little farther back. 4 (Another photograph shown.) 5 Q. What are we looking at here with 6 these tarps in the road? 7 A. This is our contractor preparing, it 8 looks like, to do a removal from a 9 residential properly. They've put some 10 tarps down on the street in case any soil 11 was to miss the roll-off containers. 12 we've got it contained on a tarp and can 13 pick it up pretty easily. 14 (Another photograph shown.) 15 Q. What about right there? 16 A. That is actually at Oxford Lake 17 Park. A portion of the cleanup we did 18 down there involved working with the City 19 to build some new tennis courts which is 20 actually just to the right ofthat and 21 the City built a building down there and 22 that was just a picture ofthat building. 23 (Another photograph shown.) 1 may be a picture from a pond that's 2 actually located about two miles to the i 3 west of our facility. It's where we hold j 4 or we sponsor a fishing derby for 5 mentally retarded children. 6 Q. Does it have anything to do with 7 PCBs? 8 A. No. 9 (Another photograph shown.) i 10 Q. What about this picture? 11 A. That's a picture of Oxford Lake 12 Park. Once again, we had some concerns I 13 with the amount of -- this was after a j 14 fairly large storm event, but we had some | 15 concerns with the amount of water that j 16 was backing up there so we got some | 17 pictures to help figure out - you can | 18 see here the tennis courts actually got 19 flooded and you can see that the tennis 20 courts are having to be cleaned off here. 21 Q. And the flood water came from where? 22 A. Snow Creek. 23 Q. Are PCBs left in site underneath Page 138 Page 140 1 Q. What's this? 2 A. I don't know what those are pictures 3 of. 4 (Another photograph shown.) 5 Q. What about this with the air 6 conditioner in the background? 7 A. This is a property, once again, down 8 in the Oxford Lake neighborhood that we 9 had cleaned up about a year ago. The 10 property owner called us and said he was 11 having some problems with the sod that we 12 had put down, that there were some brown 13 patches developing so we went down there 14 to take a look and see what we could do 15 to work with him to get that fixed. 16 (Another photograph shown.) 17 Q. What about this picture with the 18 fence and the red hose in front of it? 19 A. From that picture, I can't say what 20 that is. 21 (Another photograph shown.) 22 Q. How about from this one? 23 A. No, it doesn't look familiar. This 1 this tennis court? 2 A. Yes. 3 (Another photograph shown.) 4 Q. Another picture of the tennis courts 5 that /all built on top ofthe PCBs that 6 got flooded? 7 A. Well, the PCBs that are there, once 8 again, at Oxford Lake Park, there's 9 visible and very clear indications as 10 well as people telling us that the 11 material placed there was foundry sand 12 from the U.S. Pipe foundry. 13 Q. Did you hear my question? 14 A. I'm sorry? 15 . Q. My question to you was, sir, is that 16 the PCBs -- these tennis courts -- let me 17- restate it. This is a picture of the 18" tennis courts that you built on top of 19 the PCB-laden fill that is later being 20 flooded by Snow Creek? 21 A. Yes, that's correct. 22 (Another photograph shown:) 23 A. This is another example right there. I 1 j 334.262.7556 35 (Pages 137 to 140) Reagan Reporters, LLC . www.reaganreporters.com 1.888.662.7556 I, ADAD21 -008136 HARTOLDMON0039014 CRAIG BRANCHFIELD, VOL. II - 7/22/2003 Page 141 JPage 143 1 (Another photograph shown.) 2 Q. What's this next one with two trees 1 like beside the road, kind of a deep 2 hole? fj 3 in it, a lot of trees, but two in the 3 A. Yes, this is actually a picture of 4 foreground? 4 some work that the Anniston Water Works 5 A. Based on fact that there's water 5 and Sewer Board was doing under 11th j 6 there, I would suspect that's somewhere 6 Street. They had a water main break and, 7 along Snow Creek during that flooding 7 obviously, they had to dig down into the 8 event, but I couldn't say specifically 8 street We are obviously interested in 9 where. 9 it because of its proximity to the 11th 10 (Another photograph shown.) 10 Street ditch so we were working with them 11 Q. What about the one with the pickup 11 to, once again, make sure ifthere are i 12 truck here, Chevrolet pickup truck? 12 any PCB-containing soils. 13 A. I don't know what that is. Once 13 Once again, I think the other 14 again, I think these may be personal 14 interesting thing from this picture is 15 pictures. 15 you can see the black material there and 16 (Another photo shown.) 16 you can see it in the water. That's 17 A. Those are obviously the park again. 17 certainly an indicator that foundry sand 18 Q. That's what you're talking about 18 was used to help fill in and level off 19 earlier about the playing fields? 19 that street which is what you find. You 20 A. Those are the softball fields, yes, 20 find foundry sand was used in a wide 21 although I think what those pictures are 21 variety of applications throughout the 22 associated with is, you know, in order to 22 Anniston and Oxford area and that's some 23 maintain a healthy vegetative cover over 23 other information that you can -- that's Page 142 Page 144 1 clean soil we have there, we work with 2 fee park to get down the proper 3 fertilizers and so on and so forth on a 4 periodic basis. 5 (Another photograph shown.) 6 Q. This picture here, is that the 7 Lafarge facility? 8 A. Yeah, to the right there where you 9 see the large towers with the American 10 flag on top, thafs the LaFarge facility. 11 Q. Is that tiie significance ofthis 12 picture or is it something else? 13 A. My guess is they took the picture 14 because that's probably one of our 15 contractors driving a piece of heavy 16 equipment down the street although where 17 they're going, I couldn't tell you. 18 (Another photograph shown.) 19 Q. Whafs this? 20 A. Furniture that we're either moving 21 into or taking out of that pawnshop. 22 (Another photograph shown.) 23 Q. And the excavation here, it looks 1 something that's exhibited by this 2 picture I think. 3 Q. You don't think any ofthat is 4 asphalt? 5 A. Some of it could be asphalt I. 6 wouldn't debate that point but clearly, 7 the stuffthat's down in the soil itself 8 in the vertical profile there, that's not 9 going to be asphalt 10 (Another photograph shown.) 11 Q. What am I looking at here, a bunch 12 of men standing around? 13 A. It looks like a bunch of guys 14 standing around. 15 Q. Anything significant about it? 16 A. No. They're in the vicinity of a 17 groundwater well that we hadjust 18 installed, although why they're all 19 standing there staring at it, I couldn't 20 tell you. 21 (Another photograph shown.) 22 Q. What about this picture? 23 A. These are some guys hooking up 1 | | 1 | 334.262.7556 Reagan Reporters, LLC www.reaganreporters.com 1.888.662.7556 36 (Pages 141 to 144) ADAD21 -008137 HARTOLDMON0039015 CRAIG BRANCHFIELD, VOL. II 7/22/2003 Page 145 Page 147 j 1 electricals to some new groundwater 2 recovery wells that we've installed at a 3 facility earlier this year. 4 Q. And by groundwater recovery well, 5 what do you mean? 6 A. Well, we have three groundwater 7 recovery systems on our plant site. 8 There is one located towards the north 9 end that we felt could be working better, 10 so we installed four more collection 11 wells in that area to better recover the 12 groundwater down there and this is the 13 guy hooking up the electricals to one of 14 those wells. 15 Q. Pump and treat systems? 16 A. Yes, exactly. 17 (Another photograph shown.) 18 Q. What is this? 19 A. That looks like a photograph of our 20 plant site where some rock might have 21 gotten down in one of our outfalls. It 22 really has no significance from a 23 remediation perspective that I know of. 1 A. Yes. 2 Q. We're looking at pictures we've 3 seen, I think. 4 A. Yes, I think we've covered -- these 5 all look familiar. 6 Q. I think we've seen them all, but 7 let's be sure. Could there be two disks 8 just alike? Yes, it looks like I have 9 two disks just alike with actually the 10 same label on them, so maybe they are. 11 Do you have a recollection of any ofthe 12 photographs that we have not looked at 13 took in connection with remediation? 14 A. I do not, but I don't take most of 15 pictures. People that work for me take 16 most of them. Certainly, with these 17 pictures, we've covered much ofthe work 18 we've done. 19 Q. At the other end ofthe table. 20 there's a some box that seems to have 21 some things in it. What's that? 22 A. Those are different materials that 23 we've removed from various properties, j j j j j Page 146 Page 148 1 (Another photograph shown.) 2 Q. The one with the wooden fence? 3 A. I think we're back to some personal 4 photos here. 5 MR. DAVIS: Ldon't know what 6 you want to do about 7 lunch. 8 MR. SHARMAN: Do you want to go 9 another ten minutes and 10 break? 11 MR DAVIS: No, we may as well 12 break now since I'm 13 starting on a new disk. 14 (Whereupon, a recess was taken 15 at this time.) 16 (Another photograph shown.) 17 Q. This picture dated March 6,2003, 18 was that die pawnshop? 19 A. Yes. 20 (Another photograph shown.) 21 Q. And the next picture after that is 22 still some of the work being done 23 inside? 1 just an example of some of the stuff we 2 found. We found various foundry 3 artifacts. 4 Q. Do you know which foundries they 5 were removed from? 6 A. Yes. Do you want me to just haul 7 that down here and go through it with you 8 real quick? 9 Q. You have got a brick here. Do you 10 know where that came from? 11 MR SHARMAN: Let me carry it 12 down there, Frank. That 13 might be easier for him. 14 A. This is a brick which was a type of 15 brick used along the inside of cupola. 16 It came from a residential property we 17 cleaned up. It was in that area of three 18 properties we cleaned up between 11th and 19 12th Streets and bordered by McDaniel. 20 That's where we found this brick as well 21 as this fire brick retaining ring or a 22 piece of a retaining ring which is right 23 here. This grindstone, this is a stone 334.262.7556 37 (Pages 145 to 148) Reagan Reporters, LLC www.reaganreporters.com 1.888.662.7556 ( ADAD21 -008138 HARTOLDMON0039016 CRAIG BRANCHFIELD, VOL. II - 7/22/2003 Page 149 Page 151 ] 1 that the foundries would use to kind of 2 grind down the sharp edges on the end of 3 a soil pipe when it came out ofthe molds 4 and cooled. We removed that from one of 5 the properties on Glenaddie. I think it 6 was the --1 want to say it was 529 7 Glenaddie which is one of the ones we 8 looked at a picture of, but I can't 9 remember the specific address. 10 This bag right here contains 11 various foundry slags and cinder rock 12 which is the kind of greenish type of 13 material we saw in some ofthe pictures. 14 It came from really a variety of 15 properties. It didn't come from any one 16 specific project. 17 And the jar, we looked at 18 pictures ofthis also. This is material 19 that came from Oxford Lake Park. And I 20 think that's everything in the box there. 21 and it's just a sample of some ofthe 22 materials that we removed from different 23 properties, certainly not all inclusive. 1 Q. Remind me, since it's been a while 2 since we took your first deposition, what j 3 your educational background is. | 4 A. I graduated from the United States 5 Naval Academy with a Bachelor of Science 6 Degree in Physics back in 1987. 7 Following my graduation, I attended a 8 naval nuclear power school where I 9 received some postgraduate work in the 10 various engineering and science 11 disciplines. 12 Additional education that I 13 received, I've got my Master's Degree in 14 Business from Washington University in 15 1998,1 think it was. 1998 is when I 16 received that and that's the extent of my 17 college and postgraduate work. 18 Q. Did you have any educational 19 background in foundries and how to 20 operate foundries or anything about 21 foundries? 22 A. No, nothing specific to foundries. 23 Q. Do you have any work experience in Page 150 Page 152 1 Q. Y'all have done a fair amount of 2 testing ofPCB -- let me restate it. 3 Y'all have done a fair amount of testing 4 of soil in the Anniston area for PCBs, 5 haven't you? 6 A. Yes. 7 Q. And do you have an estimate with 8 regard to what percentage of the 9 PCB-contaminated soil that you have found 10 has been caused by something coming from 11 a foundiy versus something coming from 12 Monsanto? 13 A. No, I don't have a good estimate of 14 that. 15 Q. Would you agree that the great 16 majority of it at least came from 17 Monsanto? 18 A. No, I wouldn't agree with that. 19 Q. You just don't know one way or the 20 other? 21 A. I don't -- it really would require a 22 lot more data than we currently have to 23 answer that question in a definitive way. 1 or around foundries? 2 A. No. 3 Q. You talked about foundry sand. 4 Where does foundry sand start? Where 1 5 does it originate? What is foundry sand? 6 A. Well, foundry sand itself is a sand 7 that the foundries use to create their 8 molds. 9 Q. It starts off as just sand dug out 10 of the ground somewhere; right? ' 11 A. I don't know specifically where they 12 get it but, yes, it came from somewhere. 13 Q. It just starts out as plain old 14 ordinary sand? 15 A. Yes. 1 16 Q. And it goes into a foundry and then 17 it is used for - what is your 18 understanding of what it's used for in a I j 1 19 foundry? . 20 A. It's primarily used -- it's mixed 21 with some kind of binding agent, and what 22 that binding agent was varies depending 23 on the process, but it's mixed with a j 334.262.7556 Reagan Reporters, LLC www.reaganreporters.com 1.888.662.7556 38 (Pages 149 to 152) ADAD21-008139 HARTOLDMON0039017 CRAIG BRANCHFIELD, VOL. II - 7/22/2003 Page 153 Page 155 1 binding agent to give it some shape so 2 they can put it in the form of a mold and 3 then the hot melted metal is poured into 4 the mold and the product is allowed to 5 form. In Anniston, it was primarily soil 6 pipe, but there are exceptions to that in 7 Anniston. 8 Once ifs formed to a certain 9 point, the mold is cracked, the pipe is 10 removed, and the sands can either be, I 11 suppose there's potential for them to be 12 reused for a period of time, but 13 eventually, it's a waste material and it 14 goes into their foundry sand pile with 15 the rest oftheir waste materials. 16 Q. You spoke of a binding agent added 17 to the sand, and what's the purpose of 18 that? 19 A. Just to give the sand some sort of 20 something to bind it together so it can 21 hold a shape. I mean, obviously, ifyou 22 just pick sand up, it's going run all 23 over the place. You can't form anything 1 have multiple sources of PCB 2 contamination at each facility including 3 dielectric and hydraulic equipment, scrap 4 and investment casting wax? 5 A. Yes. 6 Q. And I think I was confused for a 7 moment so before we go to that paragraph, 8 let's get back to the binding agents for 9 a minute. What are the binding agents 10 made of? 11 A. I don't know. Typically, there were 12 - from the soil pipe perspective, my 13 understanding is that the binding agents 14 were typically a trade secret and I'm not 15 aware of what the soil pipe foundries use 16 as a binding agent. 17 Now, I know that there were 18 some specialty foundries that did 19 investment casting which is referenced in 20 this Paragraph 77 ofthe complaint that 21 had to create molds that had very fine 22 tolerances. There wasn't a whole lot of 23 room for air-based or whatever it was Page 154 Page 156 1 with it, so they have to put some sort of 2 binding agent to give it structure so 3 that it can maintain the shape ofthe 4. mold. 5 Q. Is it correct that Monsanto sold 6 PCBs for use in binding agents? 7 A. I'm not aware that we sold them for 8 use as binding agents, no. 9 Q. Is it correct that Monsanto, in 10 fact, sold PCBs for use as a binding 11 agent in specialty foundries? Well, 12 let's do it this way, let's go to the 13 complaint for one minute. I think I've 14 got a copy of the complaint around here 15 somewhere that's styled against McWayne 16 and others. Have you read the complaint 17 in full? 18 ; A. Yes. 19 Q. Do you happen to have a copy of it 20 handy there? 21 A. I do. 22 Q. Let me ask you to go to Paragraph 77 23 of Page 16. There it says the foundries 1 they were trying to make, and some of 2 those foundries would use PCBs as a 3 binding agent in those molds. Now, we 4 know that there were some foundries that 5 used these binding agents after Monsanto 6 stopped producing PCBs for open 7 applications and they would import them 8 from other countries, but specifically 9 did any of these companies use Monsanto 10 PCBs for that purpose, I couldn't say. 11 Q. Let me break that down into pieces 12 for a minute. Leaving aside the 13 specialty or whafs referred to in 14 Paragraph 77 as investment casting wax. 15 leaving that aside for a moment, as far 16 as you know, the binding agents normally 17 used in sand in the process that a 18 foundry employs did not contain PCBs and 19 were not a source of PCBs? 20 A. I don't know whether they contained 21 them or not. 22 Q. You have information that they were 23 a source of pollution one way or the 334.262.7556 39 (Pages 153 to 156) Reagan Reporters, LLC www.reaganreporters.com 1.888.662.7556 i ADAD21 -008140 HARTOLDMON0039018 CRAIG BRANCHFIELD, VOL. II - 7/22/2003 Page 157 Page 159 1 other, I guess? 1 large electrical equipment. 2 A. As used as a binding agent in the 2 Q. And the source of those PCBs would 3 molds for the soil pipe industry 3 have been Monsanto originally? 4 specifically, no, I don't know. 4 A. Certainly, we manufactured that 5 Q. Do you know of something else other 5 product and sold it to companies that 6 than soil pipe? 6 used it for that purpose, yes. 7 A. Just die investment casting wax is 7 Q. Since you were the only manufacturer 8 the only one. 8 in the United States, you would assume 9 Q. Let's move over to the investment 9 that the PCBs that are found in foundiy 10 casting waxes, okay? Do you agree that 10 sand and in foundry waste that originated I 11 a substantial purchaser ofPCBs from 11 from that source at least came from I 12 Monsanto was the company which made the 12 Monsanto? 13 wax for investment casting for use in 13 A. Well, once again, I wouldn't argue 14 that process? 14 that we didn't sell PCBs to some ofthese 15 A. I haven't seen any information that 15 companies potentially, but while we were 16 would allow me to answer that question. 16 the only producer in the United States, 17 I don't know who our customers were in 17 we were not the only producer in the j 18 any specific detail. 18 world and I have seen things, seen j 19 Q. But you do believe investment 19 information that has told me that some j 20 casting wax was a source of PCBs that 20 PCBs were imported for various uses, but j 21 ended up in foundry sand and foundry 21 I'm not trying to say that we were not a j 22 waste? 22 potential supplier to these companies. 23 A. Yes. 23 Certainly, we would have been and I'm 1 Page 158 Page 160 j 1 Q. All right, in Paragraph 77, you 2 appear to be listing there - did you 3 review the complaint, by the way, before 4 it was filed? 5 A. No, I did not review it before it 6 was filed. 7 Q. All right. Paragraph 77 seems to be 8 listing where the PCBs came from that 9 appear in foundry sand or foundry waste? 10 A. Yes. 11 Q. Do you know of any sources for PCBs 12 in foundry sand and foundry waste other 13 than what is listed in Paragraph 77? 14 A. No, I do not. 15 Q. Okay, well, we talked about , 16 investment casting wax, so let's talk 17 about including dielectric. What does 18 that refer to, dielectric equipment, I 19 guess? 20 A. Well, dielectric, what ifs 21 referring to there is basically the use 22 ofPCBs as a cooling agent in 23 transformers and capacitors and other 1 sure back then, we would have loved to 2 have them as customers. . 3 Q. You would at least agree that, by 4 far, the great majority, if not all of 5 PCBs sold to use in transformers in this 6 country came from Monsanto? 5 7 A. I haven't seen any information that 8 will allow me to conclude that 9 specifically, but I know we sold large 10 quantities of PCBs for those purposes. 11 Q. The next item there listed. 12 hydraulic equipment. Do you know, in 13 particular, what kind of hydraulic 14 equipment they're referring to, any and 15 all kinds ofhydraulic equipment or some 16 particular kind of hydraulic equipment 17 used in foundries? ~ 18 A. Hydraulic - it was used as a 19 hydraulic fluid for equipment that was 20 operated in a very high temperature 21 environment obviously to take advantage 22 of the stability and the heat resistant 23 characteristics of PCBs to prevent fires. j j j j j I 334.262.7556 Reagan Reporters, LLC www.reaganreporters.com 1.888.662.7556 40 (Pages 157 to 160) ADAD21 -008141 HARTOLDMON0039019 CRAIG BRANCHFIELD, VOL. II - 7/22/2003 Page 161 Page 163 1 Q. Particularly used in casting 1 talked to people who have worked in 2 equipment? 2 foundries that have told me the same. 3 A. Well, used in any type of 3 Q. Is hydraulic equipment containing 4 hydraulically powered equipment in the 4 PCBs still being used in foundries? 5 foundry operation. I don't know enough 5 A. It shouldn't be. I don't know where 6 about how hydraulic equipment was used in 6 they're getting it from if they are using 7 the foundry process to really be any more 7 it in foundries. 8 specific than that 8 Q. You think it all leaked out by now? 9 Q. And is it correct that Monsanto 9 A. Well, at the time, I would assume 10 specifically sold PCBs for that use? 10 that they would have drained their 11 A. The PCBs we manufactured certainly 11 systems ofPCB hydraulic fluid and 12 could have been used for that purpose, 12 refilled it with approved substitutes 13 yes. 13 back the 1970s and 80s time frame when 14 Q. Monsanto knew that the PCBs it was 14 that was current. 15 selling was being used in hydraulic 15 Q. Isn't it a fact that Monsanto, in 16 equipment in foundries? 16 fact, sold extra supplies to those people 17 A. I don't know for a fact that we knew 17 so they would have enough on hand to last 18 that It seems logical, but I couldn't 18 a while when it got out of business? 19 say conclusively whether that's true or 19 A. I don't know that that occurred. 20 not. 20 The use ofPCBs in transformers and other 21 Q. Because you weren't around back 21 applications was governed by the toxic 22 then, I guess? 22 substance control act and there were 23 A. Yeah, I was -- I wasn't around, 23 allowances for you to continue to use j j j j Page 162 Page 164 1 that's correct. And it goes beyond not 2 just being around. I just have never 3 seen any documents that would, or 4 anything allow me to make statements like 5 that. 6 Q. And the hydraulic equipment that was 7 used in foundries leaked? 8 A. Certainly, yes. 9 Q. And it got in the sand and the other 10 refuse from the foundries and that's how 11 it got outside the plant; is that what 12 you're saying? 13 A. It is one way. It would have. You 14 would have hydraulic leaks or ruptures 15 that could leak, you know, notjust 16 drips, but hundreds of gallons of 17 hydraulic fluid on the ground and I have 18 seen documents, more recent documents, 19 you know, 1980s and 1990s where the 20 foundries state that they would use their 21 foundry sands to wipe up oil spills and 22 then they would take that material and 23 put it in the foundry piles. I've also 1 transformers that contained PCBs, albeit 2 at much lower levels of transformers so 34 Q. I'm talking about hydraulic fluids. 5 I ask you to look at the paragraph 6 beginning "concerning Tull Chemical". 7 There appears to be a reference in 8 Paragraph 122 to a leak of equipment at 9 Tull Chemical in 1984 containing PCBs? 10 A. Yes. 11 Q. Does that paragraph, although it 12 doesn't involve a foundry in particular. 13 change your view as to whether hydraulic 14 equipment using PCBs or some kind of 15 equipment using PCBs was still in 16 existence in the 80s? 17 A. I wouldn't -- I meanf obviously, in 18 Tull Chemical's case he was still using 19 PCBs. Now, whether he should have been 20 or not, I'm not familiar with the toxic 21 laws enough say otherwise, but the point 22 here is he was releasing PCBs into the 23 environment and he wasn't doing anything 1 1 334.262.7556 41 (Pages 161 to 164) Reagan Reporters, LLC www.reaganreporters.com 1.888.662.7556 i ADAD21 -008142 HARTOLDMON0039020 CRAIG BRANCHFIELD, VOL. II 7/22/2003 Page 165 Page 167 j 1 about it. 2 Q. When did you first hear about the 3 Tull Chemical event? 4 A. It was shortly after I came to 5 Anniston, 2000, probably mid-2000. 6 Q. Okay. So at least by that date, you 7 personally were aware that there were 8 some people out there still using 9 equipment with PCBs in them? 10 MR. SHARMAN: Object to form. 11 You can answer. 12 A. Well, obviously, the data ofthis 13 ADEM investigation is 1984 and I learned 14 about in early 2000, so there's a 15 sixteen-year difference there. I mean, 16 what I know, obviously, is that Tull was 17 using them in 1984. I don't know what 18 other companies were doing. 19 Q. Do you know whether any ofthe 20 casting locations, any of the foundries 21 are still using the equipment today 22 containing PCBs or not? 23 A. I know that a couple of foundries. 1 as what Solutia or Monsanto have done, 2 I'm not familiar enough with Monsanto's, 3 you know, history and - what's the word 4 I'm looking for - how Monsanto, you 5 know, dealt with those types of issues. j 6 I just don't know what and how we 7 communicated to industry during the time 8 that PCBs were being phased out. 9 Q. You're, at least as you sit here 10 today, not aware of any warning ever 11 given to any ofthose companies? 12 A. I'm not aware that one was given or 13 not given. 14 Q. Okay, and that includes since the 15 date that you personally found what you 16 believe was foundry sand contaminated 17 with PCBs; you did not go to those 18 companies and warn them that there might | 19 be a hazard ifthey were still using PCB 20 equipment around foundries? j 21 A. Well, I think ifyou're looking at | 22 the standards, by today, you would expect 23 these companies to follow and operate in J Page 166 Page 168 J 1 if you're asking about hydraulic 1 accordance with federal law regarding 2 equipment -- 2 PCBs and I don't see where it's our 3 Q. Well, let's limit it to hydraulic 3 responsibility to inform them what the 4 equipment for the moment 4 federal law says. 5 A. As far as hydraulic equipment goes. 5 Q. (To the court reporter:) Would you 6 no, I don't know. 6 please read my last question back? 7 Q. You just don't know one way or the 7 (Record read.) 8 other; right? 8 Q. What's the answer to my question? 9 A. I don't know one way or the other, 9 A. The answer is no, I'm not aware that 10 no. 10 we've done that. 11 Q. Since you seem to be believe that 11 Q. All right, going back for a minute 12 some foundry waste contains PCBs and you 12 to Tull Chemical again, is it correct 13 seem to identify which foundries they may 13 that Monsanto sold to Tull Chemical the 14 be coming from because you named them as 14 PCBs that you say leaked into Snow 15 defendants in this lawsuit, I'm curious 15 Creek? 16 about something; that is, prior to the 16 A. I don't know that we sold them the 17 time you filed this lawsuit, what efforts 17 PCBs. ~ 18 did you make to warn these foundries that 18 Q. Is it correct that Monsanto, in 19 they may be creating a hazard by leaking 20 PCBs into waste and waste being 19 fact, designed the equipment that you say 20 leaked and contaminated Snow Creek with 21 distributed into the area? 21 PCBs? 22 A. Well, I'm not aware of anything. I 22 A. I believe that the process that was 23 didn't do anything personally, and as far 23 used down there at Tull Chemical used to j I I I 1 | 1 1 j I j ! I 1 334.262.7556 Reagan Reporters, LLC www .reaganreporters.com 1.888.662.7556 42 (Pages 165 to 168) HARTOLDMON0039021 CRAIG BRANCHFIELD, VOL. II' 7/22/2003 Page 169 Page 171 S 1 be owned by Monsanto a pilot project in 2 that we sold, I guess, I don't know the 3 details, but that Tull came into 4 possession ofthat because Monsanto 5 didn't want to manufacture that product 6 and didn't want to get into that 7 business, so yes, that was the process S that at some point in the past it was 9 owned by Monsanto. 10 Q. In Paragraph 77, there's also 11 reference to PCBs in scrap or scrap is -- 12 well, let's just look at Paragraph 77. 13 It says "foundries have multiple sources 14 of PCB contamination at each facility 15 including", and one of the things you 16 list there is scrap. 17 A. Yes. 18 Q. Tell me what you know about scrap as 19 a source ofPCBs in foundries. 20 A. Well, I can talk generally and then 21 I can move to a specific example if you 22 like. 23 Q. Sure. 1 sources of those PCBs were, the 2 inference, I guess for lack of a better 3 term, was that it was coming from the 4 well, the things that the foundry was 5 shredding which could be automobiles, it 6 could be appliances, potentially, it 7 could be old transformers or old 8 capacitors or a variety of other, you 9 know, scrap metal sources. 10 Now, so from a general 11 perspective, and that was based on a 12 study of seven different foundries I 13 think was the number that the EPA did. 14 Now, narrowing it down more specifically 15 to the Anniston area, I can think of one 16 example offthe top of my head. Heron 17 Valley Steel which is a company named in 18 this complaint did some fairly extensive 19 characterization oftheir fluff material 20 that nonmetallic waste in preparation and 21 as part oftrying to get a -1 want say 22 it was part oftrying to get a permit 23 application to build a landfill to accept j i j j j Page 170 Page 172 1 A. Generally, there's a study that was 2 done by the EPA, I want to say it was in 3 mid-1980s, where they characterized scrap 4 and shredder, you know, the byproducts of 5 the shredding process in these foundries 6 which was the metallic, the nonmetallic. 7 I'm sorry, the ferrous, the nonferrous. 8 and the nonmetallic waste streams, and 9 long stoiy short without going through a 10 lot of detail on the study, they detected 11 low levels and Til define low levels of 12 between point five and I want to say two 13 parts per million in the ferrous and 14 nonferrous materials which the foundries 15 could use. 16 And in the waste material, the 17 fluff is what they call it, the 18 nonmetallic material, they detected 19 varying levels ofPCBs ranging from a 20 couple of parts per million to I want to 21 say as high as seven or eight hundred 22 parts per million of PCBs and while they 23 couldn't be specific as to what the 1 their foundry material and they were 2 regularly finding, and this is as recent 3 as late 80s early 1990s. They were 4 regularly finding PCBs in that material 5 on the order of a couple parts per 6 million up to thirty or forty parts per 7 million, so somehow in that shredding 8 process, the PCBs are getting from that 9 scrap metal, you know, whether, you know, 10 from the various places it could from 11 into that nonmetallic waste stream. So 12 when we talk about scrap, that's 13 specifically what we're talking about 14 Q. Did each of these foundries or 15 defendants in this case do their own 16 shredding? 17 A. I don't know the answer to that for 18 sure. 19 Q. The company you were referring to. 20 did they also cast or do their own 21 shredding? . 22 A. I know Heron Valley was a shredder. 23 Q. Were they also a caster though? 334.262.7556 43 (Pages 169 to 172) Reagan Reporters, LLC www.reaganreporters.com 1.888.662.7556 ADAD21 -008143 HARTOLDMON0039022 CRAIG BRANCHFIELD, VOL. II - 7/22/2003 Page 173 Page 175 l 1 A. I don't believe they were, no. I 2 believe all ofthem were involved in -- 3 ofthe foundries now. I'm not including 4 Tull, they weren't a foundry and there 5 might be one or two others in there that 6 weren't foundries. But ofthe foundries 7 I believe - well, I'm not aware of which 8 ones used scrap metal and which ones 9 didn't with the exception of Heron Valley 10 that I know used scrap. 11 Q. I'm not asking you which ones used 12 scrap metal. I'm asking you which ones 13 actually shredded scrap metal 14 themselves? 15 A. I knowJthat most ofthem and I can't 16 be too specific and I apologize for that. 17 but most ofthem used scrap metal as a 18 raw material. Now, whether they shredded 19 it themselves or not, I don't know. I 20 don't know ifthey had another, you know. 21 scrap yard somewhere that shredded for 22 them. 23 Q. Heron, though, was shredding some of 1 would have the fluff, no. 2 Q. And while -- was the fluffthe 3 principle place you found PCBs from a 4 shredding operation in the studies you 5 looked at? 6 A. In the studies I looked at, the 7 fluff is where you found the highest 8 concentrations of PCBs. You found PCBs 9 at some detectible level in all ofthe 10 byproducts of that shredding operation. 11 Q. Okay. And the scrap, once it 12 arrived at the foundry, would be heated 13 for the purpose of making the casting; is. 14 that the idea? 15 A. Yes, my understanding ofthe process 16 is they would put layers of coke and 17 scrap in a cupola, heat it and melt it. 18 Q. And do you know what temperature 19 they have to melt it to in order to cast 20 it? 21 A. I don't know the temperature, no. 22 Q. Well, was the temperature high 23 enough to eliminate the PCBs? | j Page 174 Page 176 1 it; right? 2 A. Well, Heron, I know specifically, 3 was shredding their own material. 4 Q. But they're not a cast foundry; 5 right? They're not casting anything? 6 A. You know, I don't know offthe top 7 of my head. 8 Q. Do you know that they at least sold 9 shredded scrap to other foundries? 10 A. I'm not aware whether they do that 11 or not. 12 Q. Okay. If one had afoundry that did 13 not do it's own shredding, then it 14 wouldn't typically be out there buying 15 fluff, would it? 16 A. I'm sorry, could you repeat the 17 question? 18 Q. Ifyou had a foundry that was not 19 doing its own shredding, they would not 20 have fluff, would they? 21 MR. SHARMAN: Object to the 22 form. You can answer. 23 A. You would not suspect that they 1 A. I don't know what the temperature 2 was and I don't know what high 3 temperatures, I don't know. 4 MR. SHARMAN: Frank, may I make 5 a two-minute phone call, a 6 very briefbreak? : 7 MR DAVIS: Sure. ~ 8 (Whereupon, a brief recess was 9 taken at this time.) - 10 Q. What's Kaley doing these days? 11 A. I don't know. I don't talk to him 12 too much. 13 Q. Is he still working out ofthe I 14 Anniston plant? | 15 A. Well, he's never worked out ofthe 16 Anniston - I mean, mean he's working out 17 ofthe St. Louis office. 18 Q. What involvement does he have with 19 the mediation at Anniston, any? 20 A. His involvement is, I would define 21 it as twofold. One, he kind of--my 22 understanding of his involvement, he kind 23 of serves as a -- one, he's our most 1 334.262.7556 Reagan Reporters, LLC www.reaganreporters.com 1.888.662.7556 44 (Pages 173 to 176) ADAD21-008144 HARTOLDMON0039023 CRAIG BRANCHFIELD, VOL. II 7/22/2003 Page 177 ' Page 179 1 knowledgeable person on PCBs and risk 1 there's -- which is basically this pile 2 assessments and health effects and a lot 2 right here that I have and that you have 3 of the historical activities, a lot of 3 also. . 4 Monsanto's historical activities related 4 Q. You haven't seen any documents other 5 to PCBs. He also -- where he works with 5 than those? 6 me is he kind of serves as a 6 A. No, I have not. 7 knowledgeable person to help keep the 7 Q. Are you aware of the existence of 8 attorneys informed of what's going on 8 any other documents? 9 with remediation. 9 A. Well, I'm aware that, in the course 10 Q. The reason I asked that is 10 of developing information and learning 11 apparently Mr. Kaley and you have both 11 more about this process, that I believe 12 teen put up in response to a 30(b)(6) 12 there's some, I don't know what the 13 request and I was wondering if you could 13 numbers was, thirty-five or forty 14 differentiate with me what areas he might 14 thousand documents that attorneys for 15 be more knowledgeable in versus you. 15 Solutia have reviewed. I have not 16 A. I couldn't necessarily -1 mean, I 16 reviewed all those documents. 17 know what he's more knowledgeable in than 17 Q. Have you reviewed any of those 18 I am, but I couldn't tell you what the 18 documents other than the ones on the 19 basis was in response to this request. 19 table? 20 Q. With particular respect to this 20 A. Other than the ones that are here 21 complaint against the foundries and 21 today, no. I should say that I haven't 22 others, what about that do you think he 22 seen those documents so I don't know what 23 has knowledge on that you don't have? 23 they are. If I have seen them in a Page 178 Page 180 1 A. With respect to the foundries, I 2 would say very little, if any. 3 MR. SHARMAN: For the record, 4 we have identified Dr. 5 Kaley as providing 6 information with response 7 to paragraphs 1 -D and E of 8 the deposition notice. 9 MR. DAVIS: What is 1-D? 10 MR. SHARMAN: 1-D refers to 11 Monsanto's knowledge of . 12 the persistence of PCBs in 13 die environment and 1-E 14 refers to Monsanto's 15 effort to minimize the 16 risk that PCBs could have 17 on the environment. 18 Q. What documents do you know ofthat 19 exists that support the allegations made 20 in the complaint against this company? 21 A. Well, the only documents that I have 22 seen are the documents that have been 23 produced for this deposition. I know 1 different context, obviously, I wouldn't 2 know whether there were reviewed by our 3 lawyers or not 4 Q. Did any other employees of Solutia 5 assist in either gathering those 6 documents or their organization to your 7 knowledge? 8 A. No employees that work for me in 9 Anniston and I'm not aware of any Solutia 10 employees that helped in that process. 11 Q. What employee of Solutia read the 12 complaint before it was filed and is 13 responsible for its accuracy? 14 A. I don't know. I would assume ifs 15 one of our in-house attorneys, but I 16 don't know and perhaps I should preface. 17 I mean, I saw the complaint the day it 18 was filed or maybe the day before it was 19 filed, but I wasn't a party to preparing 20 the complaint or reviewing die complaint. 21 Q. Having reviewed it, then, either the 22 day it was filed or shortly thereafter. 23 are there any statements in the complaint 334.262.7556 45 (Pages 177 to 180) . Reagan Reporters, LLC www.reaganreporters.com 1.888.662.7556 ADAD21 -008145 HARTOLDMON0039024 CRAIG BRANCHFIELD, VOL. II - 7/22/2003 Page 181 Page 183 1 which you would not have made? 2 A. No, I agree with everything that's 3 in that complaint. 4 Q. Did any of these companies assist in 5 any way in any of the remediation that 6 has already taken place, and when I'm 7 talking about remediation, I'm talking 8 about the remediation y'all have 9 participated in, I'm not talking about, 10 ifTull had spilled some kind of material 11 themselves? 12 A. No, none ofthese companies have 13 assisted Monsanto or Solutia in any of 14 their remediation, to the best of my 15 knowledge. 16 Q. Have they - were they requested to 17 render assistance in any way, either 18 physical assistance or technical 19 assistance or monitoring assistance? 20 A. Not that I'm aware of no. 21 Q. Was that request made at any time 22 prior to the time the complaint was 23 filed? That may be the same question I | ******** | 2 REPORTER'S CERTIFICATE ******** 4 STATE OF ALABAMA 5 COUNTY OF JEFFERSON 6 L Angela Abbott 7 Blankenship, Certified Shorthand Reporter 8 and Notary Public in and for the State of 9 Alabama at Large, do hereby certify that 10 on July 22,2003, pursuant to notice and 11 stipulation on behalf ofthe Plaintiffs, 12 I reported the deposition of CRAIG 13 BRANCHFIELD, who was first duly swom by 14 me to speak the truth, the whole truth. 15 and nothing but the truth, in the matter 16 ofANTONIA TOLBERT, etal., Plaintiffs, 17 versus MONSANTO COMPANY, PHARAMACIA, INC. 18 And SOLUTIA, INC, Defendants, Civil 19 Action Number CV-01-C-1407-S, now pending 20 in the United States District Court 21 Northern District ofAlabama, Southern 22 Division, that the foregoing 182 23 typewritten pages contains a true and ,. Page 182 Page 184 1 just asked, but I want make sure I 2 identify that. 3 A. Not that I'm aware of. If the 4 request was made, it wasn't made by me or 5 anyone that works for me. 6 Q. That's all I have. Thank you very 7 much. 8 9 (The deposition of Craig Branchfield, 10 Volume II, was adjourned at 2:15 p.m. on 11 July 22,2003.) 12 13 14 15 16 17 18 19 20 21 22 23 1 accurate transcription of the examination 2 of said witness by counsel for the 3 parties set out herein; that the reading 4 and signing of said deposition was not 5 waived by the witness and counsel for the 6 parties. - 7 I further certify that I am 8 neither of kin nor of counsel to the 9 parties to said cause, nor in any manner 10 interested in the results thereof. 11 This 30th day of July 2003. 12 13 14 15 16 Angela Abbott Blankenship 17 Reporter and Notary Public 18 State of Alabama at Large 19 20 21 22 23 1 1 | 1 I 1 I I 1 1 1 1 1 334.262.7556 Reagan Reporters, LLC www.reaganreporters.com 1.888.662.7556 46 (Pages 181 to 184) ADAD21 -008146 HARTOLDMON0039025 ADAD21 -008147 HARTOLDMON0039026 CRAIG BRANCHFIELD, VOL. II - 7/22/2003 Page 1 A Abbott 1:19 3:6 183:6 184:16 able 70:1,3 122:1 133:12 above-ground 107:5 Academy 151:5 accept 24:21 171:23 access 28:13 38:3 131:6,9 accomplish 55:19 136:11 account 70:13 accuracy 180:13 accurate 184:1 acquired 83:2 acre 61:21 acres 118:11 act 136:5 163:22 action 1:5 6:20 31:1 32:5 78:22 130:21 183:19 actions 26:20 actively 94:7 105:10 131:11 activities 177:3,4 activity 81:22 103:15 108:2 114:5 130:13 actual 23:19 116:15 added 153:16. addition 86:20 additional 51:10 62:17 73:13 110:1,19 121:23 130:15 151:12 address 35:10,11 81:23 89:9 106:5 108:6 149:9 addressed 96:22 addresses 40:12 addressing 107:16 ADEM49:23 89:9 95:9 95:11,18 98:20,21 106:17 107:18 108:6 114:22 125:4 130:7 136:3 165:13 ADEM's 79:16 adjacent 36:21 37:2 108:12 111:15 adjourned 182:10 administrative 6:21 28:3 32:7 61:17 67:1 68:21 130:18 advantage 160:21 advisory 112:18 age4:12 agency 95:9 agent 152:21,22 153:1,16 154:2,11 155:16 156:3 157:2 158:22 agents 154:6,8 155:8,9,13 156:5,16 ago 83:5 103:2,3,4,5,7 104:11 127:8 138:9 agree 58:1 150:15,18 157:10 160:3 181:2 agreed 3:2,21 7:4,5 agreement 82:5 130:7 131:6 agrees 111:6 aid 77:3 air 10:18 11:8,14,21 43:6 124:10,18 138:5 airborne 10:15,16 air-based 155:23 al 1:4,16 183:16 Alabama 1:2,19,22 2:8 2:12,18 3:8 8:15 13:10 13:21,21 14:15 16:10 16:22 18:3 19:5,18,20 20:5,10,16,17 21:4,8,11 21:13,15,17,21 22:7,13 22:21 25:6 29:22 30:2 53:6,9,11,15 54:12 78:13 79:9 81:17 89:8 95:16 122:4 183:4,9,21 184:18 Alan 85:12 albeit 164:1 alike 147:8,9 allegations 178:19 Allen 8:8,11,22 allow 106:20 157:16 160:8 162:4 allowances 163:23 allowed 27:5 44:9 115:1 153:4 alternative 70:16,20,23 111:5 American 142:9 amount31:19 81:3 88:18 89:13 139:13,15 150:1 150:3 analysis 44:5 analyze 15:23 16:3 and/or 136:3 Angela 1:19 3:5 183:6 184:16 angle 121:4,6 Anniston 5:13 8:12,13 15:19 16:14,18,23 17:4 17:9 25:7 31:5 32:5 37:16 55:8 73:5 78:23 79:4 84:22 101:8,15,21 104:23 143:4,22 150:4 153:5,7 165:5 171:15 176:14,16,19 180:9 answer 20:21,23 27:3 34:3 43:19,22 47:5 50:4 50:5,6,12,20 57:4,5,6 71:3,6 93:22 112:1 150:23 157:16 165:11 168:8,9 172:17 174:22 answering 12:20 13:4 Antonia 1:4,15 183:16 anybody 88:3 90:21 92:14 anymore 49:20 50:17 51:10 65:9 anyway 94:14 AOC7:3 23:10 56:4,18 apologize 173:16 apparently 177:11 appear 158:2,9 appearance 15:17 16:9 APPEARANCES 2:1 appears 6:17 7:20 164:7 appliances 171:6 application 171:23 applications 143:21 156:7 163:21 apply 128:7 appreciate 57:18 93:22 appropriate 50:21 136:9 approval 23:21 82:7 91:22 95:8 107:15 130:20 approve 92:21 approved 25:18 26:19 32:22 91:23 95:10 106:17 107:17 134:12 163:12 approves 136:3 April 6:16 121:21 124:19 131:14 arbitrary 63:14 area 8:12,13 9:18,19 11:12 13:9,14,20 15:13 15:15 16:14 19:120:5,9 20:13,18 21:6,9,15 22:20 28:3,8,10,15 31:5 46:4,4 48:7,13 49:8,17 51:23 55:8 60:22 68:9 77:20 78:13 79:4,12 81:2 82:14,18,19 85:17 85:18 95:22 96:3,5 98:5 99:10,14 100:3 102:8 102:16 103:21 104:21 105:3,5,7,9,17 106:14 110:13 117:22 118:2,17 118:19 119:11 122:16 122:19 126:14,20,22 127:1,13,21 128:11,13 129:17 135:16 137:1 143:22 145:11 148:17 150:4 166:21 171:15 areas 5:13,14 21:2 27:6 27:22 46:7 53:16 61:1 84:18,19 104:1 105:18 105:19 106:18 116:2 129:3,6 130:3 177:14 argue 159:13 Argumentative 71:2 93:19 arrived 175:12 artifacts 148:3 aside 156:12,15 asked 33:13 50:9 177:10 182:1 asking 6:3 20:20 21:1,1 50:1 52:5 78:19 166:1 173:11,12 aspect 58:21 asphalt 144:4,5,9 assessment 44:3 110:19 111:1 assessments 177:2 assist 101:22 180:5 181:4 assistance 181:17,18,19 181:19 assisted 181:13 assisting 102:18 associated 38:16 73:7 91:19 93:5 141:22 assume 21:7 94:8 159:8 163:9 180:14 assuming 7:16 68:4 assumption 14:7 attended 151:7 attention 89:7 102:23 attorney 89:8 attorneys 177:8 179:14 180:15 authority 125:2 authorize 92:21 automobiles 171:5 available 17:20 18:1 Avenue 2:7 35:12 126:2 average 88:7 avoid 24:10 avoiding 26:8 aware 19:6 20:12 44:4 98:5 104:17 123:9 124:1 125:12 154:7 155:15 165:7 166:22 167:10,12 168:9 173:7 174:10 179:7,9 180:9 181:20 182:3 a.m 1:23 334.262.7556 Reagan Reporters, LLC www.reaganreporters.com 1.888.662.7556 ADAD21 -008148 HARTOLDMON0039027 Page 2 CRAIG BRANCHFIELD, VOL. II - 7/22/2003 B B2:9 Bachelor 151:5 back 11:23 18:22 27:1,8 41:12 49:6,8 52:4,6 54:21 63:20 64:2,3,17 65:4,14,21 67:22 82:23 85:22 96:18 100:11,15 103:1,17 120:11 129:12 130:5 134:14 137:3 146:3 151:6 155:8 160:1 161:21 163:13 168:6,11 backfill 30:6 backfilling 82:13 background 11:23 81:18 96:9 113:12 11.9:14 121:7 132:18 138:6 151:3,19 backhoe7:21 62:9 76:16 100:6 backing 139:16 backyard 34:17 35:3,4 35:22,23 36:2 39:3,5 40:19 41:2,9,1642:2 45:22 61:14,20 62:5 63:16,19 67:11,14 back-filled 29:16 bag 149:10 banks 86:7 barron 75:8,10,11 base 123:13,21 based 9:13 17:5 26:8 31:2 44:2,12 51:7 52:16 59:1 67:17 68:18 69:9,12 72:13,15 77:5 87:11 100:16 114:11 116:17 117:23 128:10 132:16 133:19 141:5 171:11 bases 79:1 basically 14:22 15:2 23:5 23:11 24:3 30:15,16 37:15 41:5 47:18 48:5 68:20 73:22 74:5 78:16 83:6,15 86:2 107:19 108:8 128:20 131:2 133:9,14,16 158:21 179:1 basis 55:17 62:11 130:2,3 142:4 177:19 bed 16:21 22:20 86:5,9 beginning 64:18 164:6 behalf 1:15 183:11 believe 8:9,12 9:19 10:14 10:16,17 33:18 35:10 36:23 37:16 38:23 51:22 71:9,10,12,17 72:4 79:16 85:1 86:6,22 87:17,20 94:16 114:3 115:11,15,17 118:17 127:10 130:6,8 157:19 166:11 167:16 168:22 173:1,2,7 179:11 believed 58:9 beneath 77:15,16 beneficial 136:8,18 best 6:14 42:19,22 52:11 114:23 181:14 better 22:22 23:22 52:21 135:8 145:9,11 171:2 beyond 61:22 162:1 big 29:8 59:16,20 79:6 90:19 94:18 118:8 biggest 88:9 bind 153:20 binding 152:21,22 153:1 153:16 154:2,6,8,10 155:8,9,13,16 156:3,5 156:16 157:2 bins 117:17 Birmingham 1:19 2:8,12 2:18 bit 88:20 93:16 133:10 black 13:8 53:18,22 54:5 76:8 81:14 143:15 Blankenship 1:20 3:6 183:7 184:16 blessing 114:23 board 101:22 102:19 103:22 106:6,11 108:3 143:5 board's 102:21 103:9 105:1 booties 100:18 bordered 12:12 37:17 148:19 born 93:8 bottle 75:16 bottles 78:10 bottom 6:15 123:7,10 box 24:19 147.20 149:20 Branchfield 1:12 3:5 4:11,16 5:20 6:6 50:19 77:1 182:9 183:13 break 84:1 143:6 146:10 146:12 156:11 176:6 brick 6:17,18 148:9,14,15 148:20,21 bricks 38:14 bridge 79:10 80:10 119:15 brief84:4 176:6,8 bring9:l 13:16 14:2 136:19 ' broad 127:21 broken 121:12,16 brought 55:12 79:1 brown 13:8,11 75:2 138:12 brownish 6:18 bucket 74:8 build 79:10 115:1 137:19 171:23 building 1:18 2:16 83:1 83:14,16 112:6 137:21 137:22 built 137:21 140:5,18 bunch 144:11,13 business 117:16 151:14 163:18 169:7 buy 118:13 buying 174:14 byproduct 14:21 byproducts 170:4 175:10 C Calhoun 21:20 call 13:22 21:21 22:19,21 29:9 30:15 41:7 54:7 116:10 130:20 133:2 170:17 176:5 called 8:8 14:20 15:6 38:22 87:14 113:22 138:10 cap 47:22 49:17 50:14 96:14 109:10,12,14 114:21 115:20 119:17 119:20 134:20 capacitors 158:23 171:8 capped 47:21 48:2 115:2 115:17,19 capping 97:15 107:19,20 carefully 92:10 Carondeiet2:21 carry 148:11 Cartee2:10 case4:17 5:5,6 15:19 23:12 26:10 30:11 32:8 36:5 69:5 73:9,9 95:8 101:14 137:10 164:18 172:15 cases 111:19 case-by-case 135:5 cast 172:20 174:4 175:19 caster 172:23 casting 155:4,19 156:14 157:7,10,13,20 158:16 161:1 165:20 174:5 175:13 caught 89:7 cause 184:9 caused 150:10 CD 7:20 77:3 CDs 4:21 7:8 cell 48:6 cells 47:5 48:7 51:15,17 51:18,20 52:2 cement 113:23 117:19 center 84:8 certain 4:19 24:9 25:12 40:16 69:1 84:18 95:6 106:18 153:8 certainly 10:19 31:17 1 75:4 89:17 91:12,22 92:20 98:13,20 134:5 143:17 147:16 149:23 159:4,23 161:11 162:8 CERTIFICATE 183:2 Certified 1:20 3:6 183:7 certify 183:9 184:7 I g g g chance 69:23 change 164:13 characteristics 78:12 160:23 characterization 130:15 171:19 characterized 64:6 90:5 103:21 106:14 107:14 126:14,20 170:3 check 72:12 78:4 checked 78:1 Chemical 87:18 88:9,12 89:2,6,10,13 164:6,9 165:3 168:12,13,23 Chemicals 87:14 Chemical's 164:18 chemistry 80:18 Chevrolet 141:12 children 93:8,14 139:5 chips 78:2,3 Choccolocco 79:11,13,22 101:20 102:9 108:15 111:15 cinder 149:11 Circle 2:11 citizen's 112:18 City 82:6 137:18,21 Civil 1:5 3:19 183:18 clarify 41:11 Clark 1:17 2:16 classify 90:15 116:9 clay 13:22 14:15 16:10,15 16:22 18:3,21 19:5,18 19:20 20:6,11,16,17 334.262.7556 Reagan Reporters, LLC www.reaganreporters.com 1.888.662.7556 ADAD21-008149 HARTOLDMON0039028 CRAIG BRANCHFIELD, VOL. II - 7/22/2003 Page 3 21:5,8,11,13,17,22 22:7 22:18 29:23 30:2 53:6,9 53:11,15 54:12 78:13 days 13:10 dean 29:17 48:2 60:12 62:10 67:4,15,16 82:13 97:12,18 98:9 100:7 106:1 131:9 142:1 deaned33:l 40:23 96:3 132:5,12 138:9 139:20 148:17,18 deaning 83:6 deanup 10:21 24:7 44:11 61:12 76:20 81:13,22 111:5 137:17 deanups 134:10 dear 34:20 38:4 44:14 140:9 dearly 38:15 144:6 dose 14:8,11 18:1027:9 38:21 41:4 44:16,17 85:2 89:15 131:5,6 doser 27:10 135:19 dose-up 114:7 Clydesdale 126:2,5 coal 20:8,12,15 21:2,4,7 coincidental 55:12 coke 175:16 collect 68:19 125:3 collected 47:8 48:18 124:20 128:10 collecting 124:17 collection 145:10 coUege 151:17 color 12:22 13:11 17:15 18:2 21:12 52:17,18 53:12,18 54:2,4 81:18 114:13 118:5,6 colored 12:3 combination 129:19 come 5:16 7:6 9:16 24:4 29:6 38:7 54:10,13 58:21 64:1 65:21 90:21 101:7 102:22 115:1 149:15 comes 99:10 coming 56:10 58:10 150:10,11 166:14171:3 commencing 1:23 comment 93:21 107:22 commission 3:9 communicated 167:7 community 29:2 92:15 companies 8:7 156:9 159:5,15,22 165:18 167:11,18,23 181:4,12 company 1:7 8:18 86:11 87:13 94:18 109:22 113:22 133:4 157:12 171:17 172:19 178:20 183:17 company's 8:9 compared 54:1 complaint 154:13,14,16 155:20 158:3 171:18 177:21 178:20 180:12 180:17,20,20,23 181:3 181:22 complete 106:11 107:7 108:2 111:23 133:13 completed 84:15,21 85:14 104:5 124:16 130:13,22 comply 95:17 component 53:8 compose 65:6 composite61:13,18 62:11 62:12,21 63:7,12 64:2 64:10,19 65:2,10 66:16 66:19 67:11,11 69:21 70:5,14 composites 66:22 67:2 concentration 116:18 concentrations 37:2,22 38:1 42:7 43:144:20,23 45:1 105:9 136:16 175:8 concept 54:17 concern 128:22 concerned 98:19 128:5 128:14 concerning 56:20 164:6 concerns 127:22 139:12 139:15 conclude 70:1,2,3 86:13 110:19 111:2 118:1 160:8 concluded 68:22 86:15 86:16 89:11 conclusion 54:7 80:17,19 89:17 conclusions 79:1 conclusively 87:5 161:19 concrete 113:22 115:2 117:12,14,16 conditioner 138:6 conduct 62:16 73:17 80:13 106:17 108:6 110:21 111:9 131:7 conducted 6:20 32:5 34:18 39:7 40:20 79:23 91:1 104:10 108:19 129:15 conducting 8:1 26:19 31:1 38:12 69:21 81:22 confirm 42:21 80:14 confirmed 90:6 confused 56:9 57:17 64:14 155:6 confusing 135:4 connection 147:13 consent 6:21 43:18 44:1,2 47:8 49:7 108:5 110:15 consistency 15:16 40:7 59:4 consistent 11:13 45:2,6,8 48:9,16,21,23 49:2,4 59:5 60:19,23 64:19,21 68:6 71:15 97:4 consolidating 107:20 constituents 71:12 construct 113:23 construction 80:5 127:15 128:6 consultants 101:9 contain 11:5 97:3 109:1 132:19 156:18 contained 6:23 24:6 59:22 126:9,21,22 127:14 130:11 137:12 156:20 164:1 container 132:18 containers 24:18 137:11 containing 27:5 163:3 164:9 165:22 contains 71:11 134:19 149:10 166:12 183:23 contaminated 60:9 90:19 128:4 133:18 167:16 168:20 contamination 118:23 155:2 169:14 context 180:1 continuation 4:18 continue 99:7 124:19 163:23 continuous 58:18 contractor 24:4 91:19 92:4,6,11,12,20,23 94:3 94:10,15,16 105:11 109:23 137:7 contractors 7:23 8:4 91:20 142:15 contrast 81:16,19 contributed 87:20 control 136:5 163:22 controls 108:10 convenient 83:23 cooled 149:4 cooling 158:22 cooperation 84:12 copy 154:14,19 core 121:21 cores 66:3,10,12 corner 96:8 128:9 132:16 corners 128:8 corporate 6:4,7 correct 7:18 19:3 21:18 25:14 27:11,15 43:7 49:11 56:8 58:6,7 61:16 66:20 67:8 82:16 103:5 109:8 127:20 132:8 140:21 154:5,9 161:9 162:1 168:12,18 corrective 107:15 130:23 correctly 127:19 cost 14:4 78:21 136:21 cost-effective 136:14 counsel 3:3 184:2,5,8 countries 156:8 country 160:6 County 21:20 183:5 couple24:3 27:10 57:19 104:13 165:23 170:20 172:5 course 7:5 31:5 70:17 84:16 179:9 court 1:1 140:1 168:5 183:20 courts 137:19 139:18,20 140:4,16,18 cover 77:2 96:14 99:8 114:21 115:19 141:23 covered 147:4,17 covers 47:2 cowboy 29:12 crack 26:10 cracked 26:13 153:9 Craig 1:12 3:4 4:11 182:9 183:12 Crawford 35:12 create 124:4 152:7 155:21 created 60:21 creating 166:19 creek 10:1,4,5 12:14,17 12:17 36:7,10 39:16 79:11,13,22 80:9 81:8,9 85:2,2,18,18,19 86:5,7 86:9,12,13 87:2,5,10,19 87:21 88:2,8,15 89:4,7 89:14 102:9,10,13 108:15,15 109:21 111:15,16 119:13,13 334.262.7556 Reagan Reporters, LLC www.reaganreporters.com 1.888.662.7556 ADAD21 -008150 HARTOLDMON0039029 Page 4 CRAIG BRANCHFIELD, VOL. II - 7/22/2003 120:23 128:22 139:22 140:20 141:7 168:15,20 creeks 108:12 111:17 crew 24:1 100:22 crews 112:21 criteria 23:10 69:10 116:19 cross 126:1 cubic 59:23 102:1 culvert 131:21 cupola 148:15 175:17 curious 54:16 166:15 current 11:16 111:19,21 163:14 currently 29:19 106:21 107:21 112:14 134:21 150:22 CURTIS 2:19 customers 157:17 160:2 cut 123:12,20 CV-01-C-1407-S 1:6 183:19 D damage 24:10,11,12 26:9 dandy 57:2 danger 92:17 dangerous 92:18 94:4 dangers 92:4,12 dark 13:1,8,8 53:12,14 darker 75:3 data 10:23 34:14 36:17 37:12 40:7 43:16 44:6 44:15 47:7 48:10,16,17 49:151:7 56:14 68:19 69:9 79:22 80:2,17,18 87:11 89:16,17 96:18 97:9 124:18,19 125:3 128:10 150:22 165:12 date 6:15 8:5 117:23 132:16 133:19 165:6 167:15 dated 119:8 131:14 146:17 Davis 2:4,5 4:6,15 84:2 146:5,11 176:7 178:9 day 50:13 60:6 88:7,23 180:17,18,22 184:11 days 176:10 deal 18:23 126:7,17 dealing 92:5 106:15 dealt 167:5 debate 144:6 decide 135:3 decided 92:13 decision 99:1 135:5 136:15 decision-making 136:1 decree 108:5 110:15 deep 23:2 55:13 56:2 57:14,22 64:4,9 65:20 143:1 deeper 32:14 55:14 56:6 56:7,15 76:16,19 defendants 1:10 2:13 4:22 166:15 172:15 183:18 define 44:10 52:21 62:14 62:17 170:11 176:20 defined 23:9 25:17 27:6 27:13,14 28:3 61:18 definitive 150:23 degree 33:18 151:6,13 demonstrate 78:11,15,16 demote 107:6 density 115:23 deny 80:14 Department 79:9 dependent 24:23 26:3,6 depending 22:6 99:1 152:22 depends 30:7 deposed 5:20 deposited 80:8 deposition 1:12 3:4,16,23 4:9,17,18 5:22 6:5 10:19 11:8 45:3 151:2 178:8,23 182:9 183:12 184:4 deposits 17:10,12,13,16 17:17 19:420:8,12,15 21:2,10,15 depth 22:5 23:9 32:16,18 32:21 33:1 55:21,23 62:17 63:2,4,8,9 65:22 66:8 derby 139:4 describe 47:16 79:2 described 53:13 129:18 130:4,16 describing 59:19 description 76:14 design 107:18 130:22 designate 67:20 designed 168:19 detail 31:14 157:18 170:10 details 35:12 42:21 88:14 169:3 detect 35:2,23 39:7 41:9 47:23 48:15 52:1 59:11 68:23 78:3 detected 25:1 48:8 129:7 129:10 170:10,18 detectible 175:9 detecting 44:15 69:23 determination 72:10 116:19 determine 65:20 determined 105:6 developer 84:12 90:8 developing 138:13 179:10 dictated 71:4 73:22 dielectric 155:3 158:17 158:18,20 difference 45:11 165:15 differences 37:10 78:11 different 15:9 16:12 17:15 18:2,5 30:6 39:10 43:1,13 45:18,21 64:22 75:2 91:5 97:12 102:6 111:23 112:4 117:18 118:5,6,15,16 121:4,6 147:22 149:22 171:12 180:1 differentiate 16:3 98:6 177:14 differing 42:6 difficult 34:2 dig 25:13 57:15 64:4,5,7 107:2 134:14 143:7 digging 24:8 38:9 63:1 direct 50:10 directed 68:20 69:4 94:12 direction 11:18 12:8 120:11,17 directly 96:11 dirt 33:22 43:4 53:3,5 55:6,12 64:21 78:4 90:21 97:12 101:18,19 108:13 114:8 115:14 123:22124:2 127:18 133:17 134:7,9,22,23 135:10,14,18 136:17,19 disagree 14:5 discharged 87:9 88:15 discharges 10:9 36:9 disciplines 151:11 discoloration 31:21 75:1 114:12 discovery 35:16 discuss 92:16 discussed 42:6 93:10 100:14 discussions 85:11 disk 112:4 146:13 disks 147:7,9 disposing 79:20 | distance 14:3 25:12,15,22 | 120:8,9 distinct 81:19 distinction 8:17 116:12 distributed 60:22 166:21 District 1:1,2 183:20,21 disturbed 22:2 ditch 45:15 113:3 126:15 128:20,21 130:11,21 143:10 1 ditches 44:16,17,19 Division 1:3 183:22 document 17:7 31:9 j 79:15 80:15 112:17 121:15 documents 88:16 89:1 162:3,18,18 178:18,21 178:22179:4,8,14,16 179:18,22 180:6 doing 7:22 10:20 23:3 , 67:1 69:3,4,8 83:12 84:16 88:20 95:14 101:2 103:12,13 104:19 107:5 112:11,14114:16 119:20 121:18 127:15 133:11 143:5 164:23 165:18 174:19 176:10 door 27:1,8 39:2 40:4 41:6 46:1,1 Dr 15:12 59:3 72:18 178:4 drainage 44:16,17,19 87:6 drained 163:10 draw 54:8 drawings 65:4 drew 89:16 drilled 124:3 drilling 121:21 drinking 29:1 drips 162:16 driven 135:6 drives 136:15 8 driveways 24:12 I driving 142:15 due 11:8,21 44:22 119:3 dug 109:5,17,19 110:2 152:9 duly4:12 183:13 dump 61:3 71:18 72:1,5 72:22,23 73:2 dumped 87:18 88:1 E 178:7 334.262.7556 Reagan Reporters, LLC wwwj-eaganreporters.com 1.888.662.7556 ADAD21-008151 HARTOLDMON0039030 CRAIG BRANCHFIELD, VOL. II - 7/22/2003 Page 5 earlier 26:8 41:23 42:6 46:23 49:12 53:5,13 100:14 112:7 119:13,23 122:17 126:21 141:19 145:3 early 103:1 104:12 165:14 172:3 early-1990s 130:5 early-2002 129:16 easier 148:13 easiest 67:18 easily 137:13 east 84:14 109:20 eastern 48:4 edge 25:10 36:7 72:3 edges 149:2 educate 67:9 94:3 educated 92:6,10 94:5 educating 92:3 education 151:12 educational 151:3,18 effects 93:12,14 177:2 effort 133:13 178:15 efforts 73:14 166:17 eight 170:21 eighth 120:9,19 either 3:17 62:4 67:5,6,13 67:15,21,21 80:14 100:23 129:15 130:2 142:20 153:10 180:5,21 181:17 electrical 159:1 electricals 145:1,13 eliminate 175:23 employee 180:11 employees 90:11 100:1 180:4,8,10 employs 156:18 encompasses 51:13 encourage 99:19,23 ended 157:21 enforced 95:18 engineering 151:10 ensure 30:9 entered 36:10 entire 40:3 environment 160:21 164:23 178:13,17 EPA 6:22 15:10 25:18 26:18,21 32:23 35:15 49:22 56:4 59:2 61:17 68:20,22 69:5,11 72:16 73:6,23 74:1,3 82:7 98:17,20,21 110:16,22 111:3,5,6 112:13 125:4 130:8,19 134:12 136:2 170:2 171:13 EPA's 23:21 114:22 Eppenberger 2:20 equipment 105:2 124:7 142:16 155:3 158:18 159:1 160:12,14,15,16 160:19 161:2,4,6,16 162:6 163:3 164:8,14 164:15 165:9,21 166:2 166:4,5 167:20 168:19 eroding 99:9 erosion 108:9 ESQUIRE 2:4,9,14,19 essentially 85:22 established 69:10 estimate 12:16 150:7,13 et 1:4,16 183:16 event 139:14 141:8 165:3 eventually 153:13 evidence 3:16 36:3,18 37:8 38:13 exact 35:11,21 130:6 exactly 67:23 70:2 97:10 145:16 examination 4:5,14 184:1 example 14:16 25:9 26:23 27:18,21 34:23 39:8 41:18 43:11 45:20 46:23 61:2 81:4 93:9 94:23 128:7,18 134:10 135:9,12 140:23 148:1 169:21 171:16 examples 74:9 excavate 25:23 134:17 excavated 84:18 91:4,10 91:16 103:22 106:7 113:10 excavating 24:7 106:9 excavation 8:8 24:3 80:1 80:13 90:11 94:17 104:22 105:3,12 114:2 114:5 142:23 excavations 106:18 108:19 exceed 111:18 exception 56:16 173:9 exceptions 16:20 153:6 excess 122:11 126:7 Excuse 103:6 exhibited 144:1 exhibits 4:8 exist 19:2,17 65:9 95:4 existence 80:14 164:16 179:7 exists 70:16 178:19 expand 84:13 expansion 84:15 89:20 101:23 105:1 106:11,13 106:20 110:9 expect 11:9,10 20:4 21:16 44:21 45:6 50:14 53:14 57:8 68:9 99:2 167:22 expected 48:21 experience 151:23 explain 14:10 57:12,17 67:18 78:23 expressed 133:4 extensive 171:18 extent 44:10 104:3 110:7 151:16 extra 163:16 F fabric 98:1 116:3 facility 10:9 11:17,17 36:9 44:11,18 77:13 87:7,22 97:2 105:1 108:22 114:1,20 122:6 128:20 139:3 142:7,10 145:3 155:2 169:14 fact 11:19 38:6 69:14 90:2 94:9 100:17 113:19 127:11 141:5 154:10 161:17 163:15 163:16 168:19 facts 92:9 fair 22:10 28:14 150:1,3 fairly 11:11 104:5 122:5 139:14 171:18 fall 110:14 familiar 138:23 147:5 164:20 167:2 far 12:14 22:9 23:18 37:9 51:3 54:16 80:19 98:18 117:3 123:15 135:7 156:15 160:4 166:5,23 farther 137:3 Fast 85:12 feasibility 110:18 111 :2,4 features 22:17 federal 3:18 168:1,4 feeds 29:5 feel 50:21 feet 23:16 25:19 26:1,23 27:8,10,13 32:10 33:1 37:2142:17,19 57:14 57:22 63:21 65:23 66:2 105:4 felt 145:9 fence 138:18 146:2 ferrous 15:1 170:7,13 fertilizers 142:3 field 9:2 24:1 100:23 112:21 124:13 fields 82:2,4,10,15 119:12 141:19,20 fifteen 118:1,1 fifty 25:2,4 26:22 28:7 34:15 88:22 89:3 105:20 108:20,23 109:2 109:6 111:18 123:4 130:12 134:3,16 135:1 136:2,6 figure 65:5 139:17 file 79:16 filed 78:21 158:4,6 166:17 180:12,18,19,22 181:23 fiU9.il 13:23 14:6 15:20 33:9,11,16,18,22 34:21 37:9 38:13 39:13 55:5 55:12,20 56:11,12,13 56:20,21,23 58:2,3,10 58:11 73:8,13,19,20 76:2 79:20 80:2,3 81:4 90:20 113:12 114:11 133:14 140:19 143:18 filled 55:4 BUing 54:22 55:17 100:12 fills 57:14 final 98:15,18,22 99:3 119:16 finally 89:11 find 15:15 16:10 18:8 20:20 21:7,8,10,16 26:3 26:5 30:20 34:9,10 36:3 41:1 42:23 44:15,21 48:22 52:18 55:15 56:6 57:9 59:13 61:11 62:18 63:19 70:9,15 71:18,19 71:22 72:1,3,4,11,18,21 73:1,16,19,20 80:4 91:12 102:12 105:19 122:21 123:1 143:19,20 finding31:6 40:16 44:19 45:18,21 47:3 49:18 50:16 57:21 63:22 64:12 102:4 172:2,4 fine 20:7 26:21 57:1 84:3 155:21 finish 12:20 13:4 18:12 50:3 fire 148:21 fires 160:23 first 4:12 6:9 7:20 9:16 41:22 57:20 61:11 62:11,12 64:1,2,9 66:9 102:22 104:4,7,13,16 334.262.7556 Reagan Reporters, LLC www.reaganreporters.coni 1.888.662.7556 ADAD21-008152 HARTOLDMON0039031 Page 6 CRAIG BRANCHFIELD, VOL. II - 7/22/2003 106:13 132:10 151:2 165:2 183:13 fish 101:4 fishing 139:4 five 11:15 44:7,9,16,20 45:13,14,15,16,17 46:9 49:5,5 64:21 66:14 70:6 70:10 170:12 five-point 61:18 fixed 138:15 flag 142:10 flood 10:1,5 34:19 36:7 39:15 40:14 46:5 79:13 81:6 102:8 103:8 108:14 111:16 120:22 139:21 flooded 139:19 140:6,20 flooding 10:12 37:7 42:12 44:22 45:3,7 75:22 141:7 floods 102:22 flow 58:18 flowers 95:21 96:1 125:6 131:23 fluff 14:20 15:6,8,15 16:1 16:3 60:14 170:17 171:19 174:15,20 175:1 175:2,7 fluid 160:19 162:17 163:11 fluids 164:4 folks 7:22 follow 129:14 167:23 Following 151:7 follows 4:13 foot 23:6,7,14,15 32:13 32:15,16,19,21 33:3,8 54:19 55:13,21,23 56:2 56:22 57:16 58:4,5 62:14 63:11,16,17 65:22 66:3,4,10,12 68:13 76:17,19 82:8,12 97:11,11 99:5 foregoing 183:22 foreground 141:4 forever 51:4 forget 33:2 form 3:13 27:2 46:11 51:6 57:4 71:2 93:18 95:13 103:19 153:2,5 153:23 165:10 174:22 formality 3:9,10 formations 19:2,17 formed 153:8 former 11:17 83:3 forth 142:3 forty 46:2 172:6 179:13 forward 106:21 found 5:14 7:13 19:3,15 20:3,8,15 21:3,10 26:7 34:15,16,20 35:1,18,19 35:22 38:4 39:3,4,19,21 39:22 40:18,22 41:6 48:20 49:3,9,13 51:15 51:16,19 55:20,21 60:23 61:1 62:3,15,20 63:10 65:17 68:12 70:21 71:13 73:6,8,11 75:11,13 79:15,22 81:3 81:5,15,23 82:4 86:4,6 86:8,10,11,12 92:22 96:5,16 100:18 104:14 105:14 106:1 122:17 129:3,5 130:11 148:2,2 148:20 150:9 159:9 167:15 175:3,7,8 foundation 26:11,13,14 27:9 foundries 14:18,19,22 15:14 16:23 17:3,22 57:9 58:16 59:1,22 60:1 87:8 148:4 149:1 151:19,20,21,22 152:1 152:7 154:11,23 155:15 155:18 156:2,4 160:17 161:16 162:7,10,20 163:2,4,7 165:20,23 166:13,18 167:20 169:13,19 170:5,14 171:12 172:14 173:3,6 173:6 174:9 177:21 178:1 foundry-related 56:11,12 73:12 foundry-type 75:12 four 40:11,13,13 82:2 105:4,7,16 128:8 131:11 145:10 fourteen 97:18 fourth 41:21 frame6:17 47:13 163:13 Frank2:4 50:4 83:22 148:12 176:4 Franklin 1:17 2:15 free 90:20 front 11:1 34:16 35:20 36:2 39:6 40:19,23 41:7 45:22 59:7 61:13,19 62:4,21 63:7,15,17,20 63:23 64:20 65:11,18 65:19 67:5,6,6,10,14,22 121:9 138:18 full 61:3 71:18 72:1,6 108:16 154:17 fully 64:6 86:22 99:2 Furniture 142:20 further 3:20 184:7 future 49:16,23 98:7 108:18 G gallons 162:16 garbage 83:7 gathering 180:5 general 5:1,3,9,11 20:14 20:14 22:17 71:14 97:15 122:16 129:2 134:7 171:10 generalize 73:10 generally 11:11 15:6 119:11 169:20 170:1 general's 89:8 generated 122:12 126:8 126:18 generating 60:2,4,5 gentleman 15:11 124:12 gentlemen 100:17 geographic 22:17 geology 16:18 22:15 getting 37:7 83:6 163:6 172:8 give 50:11 92:14 153:1,19 154:2 given 15:20 35:14,15 57:9 91:5,14,17,18 125:3 167:11,12,13 giving 92:23 glass 75:14,18,20 121:12 121:16 Glenaddie 31:4,12 32:4 36:15,16,23 37:1 52:23 149:5,7 go 5:2 22:10 23:2,6 32:14 34:3,8 36:12 37:12 41:12 52:6 56:7,11 59:6 62:16 63:13,20 64:3,7,9 65:4,14,20 66:7,9 70:7 70:10,17 93:23 96:18 99:20 100:1,5 106:17 107:2 108:1 110:21 124:22 131:3 134:5 136:7 146:8 148:7 154:12,22 155:7 167:17 goes 128:21 135:3,23 152:16 153:14 162:1 166:5 going 5:2 6:12,12 7:8 8:23 22:7 32:10 35:8,8 41:10 43:18 45:12,14 45:15 51:3,4 52:10 70:9 76:15 81:2091:11 103:15 104:6 106:3 107:21 109:6,9,11,14 121:20 127:14 134:5 142:17 144:9 153:22 168:11 170:9 177:8 good 120:8,9 150:13 gotten 4:21 107:15 130:20 145:21 governed 163:21 grade 133:9 134:18 gradient 44:13 graduated 151:4 graduation 151:7 grainy 76:8 grandson 125:17 grant 16:19 great 150:15 160:4 greater 7:1 9:8 11:6 23:13 34:15 35:19 39:4 44:7 45:13 49:5 56:2 61:21 62:15 63:11,18 64:12 65:17 66:6 69:23 96:19,23 108:20 109:2 130:11 134:4,6 136:6 green 24:18 greenish 52:16 149:12 grind 149:2 grindstone 148:23 ground 152:10 162:17 groundsman 55:3 groundwater 144:17 145:1,4,6,12 group 8:3 112:18 grow 18:15,16,17,18 96:1 growing 77:19 guess 7:19 19:23 20:1 23:21 27:17 28:9 62:1 64:8 114:23 119:4 123:19 128:3 142:13 157:1 158:19 161:22 169:2 171:2 guessing 19:23 guy 29:11 124:11 125:21 131:16145:13 guys 24:3 35:16 125:17 144:13,23 ___________ H half28:10 83:5 87:16 103:5,7 104:11,15,16 105:22 107:10 Hall 8:8,11,22 hand 4:22 163:17 334.262.7556 Reagan Reporters, LLC www.reaganreporters.com 1.888.662.7556 I ADAD21 -008153 HARTOLDMON0039032 CRAIG BRANCHFIELD, VOL. II - 7/22/2003 Page 7 handled 127:19 handy 154:20 happen 69:19 91:2 154:19 happening 56:19 hard 6:13 15:21 31:18 hat 29:12 haul 108:13 109:6 115:14 136:17 148:6 hauled 15:18 108:21 135:7 hauling 14:4 hazard 166:19 167:19 hazardous 94:4 hazards 93:5,6 head 117:6 171:16 174:7 health 93:12 177:2 healthy 141:23 hear 140:13 165:2 heat 160:22 175:17 heated 175:12 heavy 142:15 heck 92:14 help 6:10 9:1 35:5 78:23 79:2 108:10 113:18 139:17 143:18 177:7 helped 180:10 hereto 3:21 Heron 171:16 172:22 173:9,23 174:2 high 10:2 65:673:6 102:20 109:13 115:23 129:4,6 160:20 170:21 175:22 176:2 higher 33:22 highest 105:14 175:7 Highland 2:6,7 Highway 12:6,10,13 79:8 79:21 96:10 hill 10:3 120:21 hilly 55:9 historical 9:21 17:7 48:10 49:1 177:3,4 historically 48:18 history 43.21 167:3 hit 69:19 hold 139:3 153:21 hole 57:14 124:4 143:2 Holmes 94:17 home 6:19 14:1 125:15 honest 135:6 hooking 144:23 145:13 hope 27:18 hoppers 117:17 hose 138:18 hot 68:7,16 69:18,22,23 70:8,16,19 153:3 house 6:12,17 9:4 23:2 24:11 25:9,10,13,23 26:11,12 27:17,20,23 28:2,17 61:11 63:14,14 houses 61:10 hundred 28:7 59:13 88:22 89:3 170:21 hundreds 59:22 60:6 162:16 Husch 2:20 hydraulic 60:10 155:3 160:12,13,15,16,18,19 161:6,15 162:6,14,17 163:3,11 164:4,13 166:1,3,5 hydraulically 161:4 hypothesis 76:1 I idea 16:5 19:8,11,22 62:20 127:19 135:20 175:14 identified 28:5 178:4 identify 5:1 6:11 166:13 182:2 identifying 6:13 52:9 H 1:13 182:10 HI2:14 immediate 28:16 impermeable 98:2 116:7 116:10,21 implement 130:22 implied 93:17 import 156:7 imported 159:20 inches 97:17,18 116:4 include 27:7 90:18 92:3 127:1 included 67:13 includes 167:14 including 155:2 158:17 169:15 173:3 inclusive 149:23 inconsistency 59:13 inconsistent 57:8 60:17 60:18 61:5 68:10 incorporated 109:11 incorrect 101:12 increase 70:8,14 INDEX 4:3 indicating 76:10 106:19 indication 10:6,13 indications 5:15 12:21 34:20 38:4 140:9 indicative 53:15 75:4 76:9 indicator 39:13 143:17 individual 5:21 37:10 60:4 65:1,4,7 73:18 individually 31:19 industrial 118:16 industries 87:8 industry 17:8 133:6 157:3 167:7 inference 171:2 inform 65:16 168:3 information 85:8 143:23 156:22 157:15 159:19 160:7 178:6 179:10 informed 177:8 initial 12:20 129:11,13 initially 17:3 107:13 injuries 93:9 inside 44:17 83:13 146:23 148:15 insignificant 88:13 89:14 install 105:2 122:7 installed 117:12 119:17 122:15 124:9 144:18 145:2,10 installing 119:20 122:13 122:22 intend 49:17 108:13 intention 110:5 111:19 111:21 interest 133:5 interested 143:8 184:10 interesting 82:23 143:14 interim 98:10,12 108:4 119:16 interior 59:12 intersection 128:1,8,11 128:16 Interstate 121:6 interval 66:8 intervals 66:5 investigation 89:12 110:17 165:13 investment 155:4,19 156:14 157:7,9,13,19 158:16 involve 164:12 involved 130:8 137:18 173:2 involvement 92:2 176:18 176:20,22 in-house 180:15 iron 17:9,12,13,16,17 18:6,18 21:9,14 30:17 74:12 iron-based 15:2,4 issue 78:18 136:21 issued 95:16 issues 167:5 item 160:11 J J2:19 jacket 125:22 JACKSON 2:14 January 47:1 January-February 47:12 jar 149:17 JEFFERSON 183:5 John's 63:13 July 1:22 182:11 183:10 184:11 ; K Kaley 176:10 177:11 178:5 keep 35:5,8 177:7 keeping 69:6,8 kept 135:14 kin 184:8 1 kind 6:18 12:2 21:11,12 41:11 52:12,16 53:4 55:8 97:23 124:7 135:23 143:1 149:1,12 152:21 160:13,16 164:14 176:21,22 177:6 1 181:10 I kinds 160:15 knew91:15,18 94:10 106:7,15 119:1 126:15 127:13 161:14,17 knowing 31:14 knowledge 57:9 91:21 93:1 128:3,7 177:23 178:11 180:7 181:15 knowledgeable 111:1,1 177:15,17 known 92:19 1 f L label 147:10 laboratory44:5 46:23 I | j | 41:1 lack 22:22 23:22 171:2 LaFarge 113:22 114:17 j 115:1,5 117:1,9 142:7 142:10 1 lake 28:4,22,23 29:2,3,7,9 | 40:10 81:1,13 82:3 101:10119:9,22 120:5 120:7,22 137:16 138:8 1 139:11 140:8 149:19 1 334.262.7556 Reagan Reporters, LLC www.reaganreporters.com 1.888.662.7556 ADAD21 -008154 HARTOLDMON0039033 Page 8 CRAIG BRANCHFIELD, VOL. II - 7/22/2003 land 11:10 landfill 24:21,23 25:5 43:12,17 46:9,17,19 47:2,11,20 48:5,12 49:18,20 50:15,17 51:9 51:11,14,21 96:10 122:20 132:21 136:7,18 171:23 large 1:22 3:8 51:14 117:13,14 122:5 128:13 139:14 142:9 159:1 160:9 183:9 184:18 larger 94:21 late 172:3 late-1960 88:21 Late-1990s 118:21 law 1:16 168:1,4 lawful 4:11 laws 164:21 lawsuit 166:15,17 lawyers 180:3 layer 16:21 22:19 97:19 116:5 layers 175:16 lead 73:7 leak 60:10,11 162:15 164:8 leaked 77:17 162:7 163:8 168:14,20 leaking 166:19 leaks 162:14 learn 101:7 learned 103:6,14 104:6 107:12 165:13 learning 179:10 lease 115:5 117:2 leasing 115:7 116:23 leave 26:4,22 27:5 51:4 99:4 109:9,14 leaving 26:1 88:19 156:12,15 left 25:11 54:1,2 58:2 69:18 95:7 135:14 139:23 let's 6:9 18:22,23 25:23 40:9 52:6 61:9,23 64:20 100:5 147:7 154:12,12 155:8 157:9 158:16 166:3 169:12 level 24:7 26:3 44:3 48:17 96:15 105:14 116:20 130:9 133:9 143:18 175:9 levels 9:5 10:20 11:5 24:23 26:7 33:22,23 35:21 37:3 39:9 41:18 41:19 42:4 45:5,8 50:17 76:22 96:18 97:8 56:15 73:7 102:21 114:11 136:21 138:14 111:17 115:8 123:2,4 138:23 147:5 164:5 129:4 164:2 170:11,11 169:12 170:19 looked 32:2 41:22,23 licensed 24:21 119:12,22 132:6 147:12 lie 12:17 149:8,17 175:5,6 life 55:1 looking 9:13 17:6 32:1 light 12:3 53:12 116:3 43:16 52:3 53:2 74:18 118:16 133:5 74:21,23 76:7 77:9,14 lighter 13:11 81:11 112:5 114:4 lighter-colored 29:18 119:7,10 121:3 132:14 Lightfoot 1:17 2:15 132:15 137:5 144:11 light-colored 53:5 147:2 167:4,21 limestone 17:20 18:1,4,13 looks 30:14 52:11,14 53:4 18:17,18,22 19:1,2,4,16 76:16 77:9 83:1 84:7 19:17 20:4 123:7 124:6 137:8 limit 44:9 166:3 142:23 144:13 145:19 limited 128:1 147:8 liner 97:16,21,23 98:2,3,6 lot 8:14,23 16:12,17 116:1 26:11 88:2 95:10 102:4 list 34:6,10,10 76:22 113:9 141:3 150:22 169:16 155:22 170:10 177:2,3 listed 158:13 160:11 lots 38:12 132:9 listing 158:2,8 Louis 2:22 176:17 little 7:21 62:19 88:20 loved 160:1 93:16 94:19 100:5 low 105:8 116:8,10 133:10 137:3 178:2 170:11,11 LLC 2:20 lower 48:11 164:2 load 57:13 72:22,23 73:2 lunch 100:2 146:7 loaded 132:19 L.L-C2:15 local 79:19 94:19,21 locate 17:19 M located 9:17,18 16:23 main 12:6 143:6 17:4,23 24:13 28:2 31:4 maintain 141:23 154:3 31:1132:4 34:11,12 majority 150:16 160:4 35:9 36:6,8,13,15,16 making 45:19 83:14 37:14 38:21,22 40:14 116:19 175:13 51:21 82:2 87:9,14 96:7 mall 84:10,13,13,16 85:3 100:8 113:6 139:2 85:6,16 86:17,19 87:1 145:8 87:17 89:21 90:4,6,7,8 locating 133:5 95:1,2 location 22:6 30:8 69:1 mail's 91:20 79:14 96:16 108:14 manage 90:8 105:10 120:14,21 121:5 122:10 136:3 locations 20:19 118:7 managed 57:10 58:16 122:23 165:20 94:7 109:3 Logan 101:10 management 25:6 48:13 logical 54:6 161:18 51:23 90:16,17 long 98:17,21 117:3 . manager 85:13 131:8 170:9 manner 45:2 184:9 longer 64:11 manufacture 169:5 look 6:9 14:11 15:9 16:17 manufactured 159:4 21:12 22:15 25:21 161:11 37:12 42:7 44:14 53:16 manufacturer 159:7 53:23 54:3 57:20 58:15 manufacturing 9:22 133:6 March 119:8 146:17 marked 4:8 Martin 101:10 Master's 151:13 match 7:17 materials 5:15 9:11,20 14:19 15:2,3,5,6 18:6 36:19 38:10,15 57:11 57:13 71:16 147:22 149:22 153:15 170:14 matter 8:20 26:4 28:20 109:13 113:19 127:11 183:15 matters 51:1 McDaniel 37:17 148:19 McWayne 154:15 mean 16:17 18:4 22:1,10 41:4 46:2 49:2 55:16 60:16 64:8 75:14 96:5 135:2 145:5 153:21 164:17 165:15 176:16 176:16 177:16 180:17 means 101:15 measure 98:11,11,12,15 99:3 107:16 119:16 130:23 mediation 176:19 meeting 112:17 melt 175:17,19 melted 153:3 melting 74:11 memory 41:10 men 144:12 mentally 139:5 mentioned 42:16,18 , merited 61:12 met 78:22 metal 14:23 30:17 74:12 153:3 171:9 172:9 173:8,12,13,17 metallic 170:6 metals 15:4 52:19,20 meteorological 124:8 method 68:16 middle 24:16 mid-1980s 170:3 mid-2000 103:1 165:5 mid-2002 104:12 migrate 97:1 migrating 51:8 99:13 migration 108:10 mile 10:4 12:16 87:15,16 120:10,10,20 miles 11:16 139:2 mill 108:22,23 109:7 334.262.7556 Reagan Reporters, LLC www.reaganreporters.com 1.888.662.7556 ADAD21-008155 HARTOLDMON0039034 CRAIG BRANCHFIELD, VOL. II - 7/22/2003 Page 9 134:5 136:7 Miller 133:3 134:8 135:17,20 137:1 million 7:1,14 9:9 11:7 23:11,18 25:3 26:22 34:16,17 35:20 36:1 44:8 45:23 47:4 48:9,19 49:10,14,19 55:22 59:10,13 63:22 64:13 96:19 105:8 108:21 111:18 115:13 129:8 130:12 133:22 134:17 170:13,20,22 172:6,7 mind 6:3 9:16 34:9 43:21 minimize 178:15 minimum 116:4 minor 86:1 minus 46:9 minute 28:21 76:18 127:8 154:13 155:9 156:12 168:11 minutes 146:9 missing 70:19 Mississippi 13:16 Missouri 2:22 mistaken 37:1,18 misunderstanding 64:15 mix 66:18 70:11 mixed 39:18 113:14 152:20,23 mixing 64:22 mixture 53:19 mobilize 24:1 modification 98:23 modified 108:1 mold 153:2,4,9 154:4 molds 149:3 152:8 155:21 156:3 157:3 molten 30:17 moment 5:3 18:23 111:13 155:7 156:15 166:4 mom-and-pop 94:22 money 136:12 monitor 99:8 monitoring 181:19 Monsanto 1:7 5:17 11:17 36:9 43:8 86:21 87:2,6 88:1,6,14,17 89:19 90:10 92:10 150:12,17 154:5,9 156:5,9 157:12 159:3,12 160:6 161:9 161:14 163:15 167:1,4 168:13,18 169:1,4,9 181:13 183:17 Monsanto's 9:21 10:9 87:22 167:2 177:4 178:11,14 month 125:4 months 131:12 mountain 11:20 mounted 77:14 move40:9 44:18 93:19 106:21 157:9 169:21 moved 22:2 54:19 moving 123:19 142:20 Mulberry 38:23 39:1 multiple 155:1 169:13 N name 8:9 94:16 named 15:11 166:14 171:17 narrow 31:3 narrowing 171:14 national 94:18,20 native 13:9,10,14,20,21 14:14 16:9,15 18:3 21:23 22:1 29:22 53:6,9 53:11 81:17 naturally 16:13 22:4 nature 15:4 24:22 31:22 46:20 76:8 104:3 naval 151:5,8 near 19:4 21:3 36:6 44:18 79:21 nearby 41:20 necessarily 14:13 57:21 111:3 177:16 need 3:14 8:23 34:9 57:15 65:18 69:2,11 83:23 93:16 117:19 128:5 133:7 needed 94:6 103:23 104:1 105:2 121:17 122:6 126:16 neighbor 11:4 neighborhood 12:12 28:4 40:10 138:8 neighbors 36:22 38:2,7 42:8 neighbor's 27:22 43:3 neither 184:8 neurological 93:9 never 89:2 91:23 162:2 176:15 nevertheless 92:13 new 29:20 79:10 122:7 137:19 145:1 146:13 next-door 11:4 43:3 nicely 81:16 nine 59:13 nondetect 45:22 46:1 97:6 115:10 nonferrous 15:3 170:7,14 nonfill 33:23 nonmetallic 15:5 170:6,8 170:18 171:20 172:11 nonuniformity 114:13 non-PCB 107:7 Norfolk-Southern 129:22 131:3,10 normal 19:4 normally 20:8 156:16 NORRIS 2:5 north 1:182:17 12:13 25:7 77:12 114:1,20 115:16 145:8 northeast 22:13 120:14 Northern 1:2 183:21 Notary 1:21 3:7 183:8 184:17 note 12:23 notice 1:14 4:20 6:1 113:9 178:8 183:10 nuclear 151:8 number 28:14 36:11 73:4 78:22 87:8 118:14 171:13 183:19 numbers 35:6 45:12,19 48:7 179:13 O object 27:2 46:10 50:22 51:5 57:3 71:1 93:18 95:12 103:19 165:10 174:21 objections 3:12,13 observations 72:15 observe 85:4 observed 87:12 obviously 23:20 65:16 76:20 82:6 136:6,16 141:17 143:7,8 153:21 160:21 164:17 165:12 165:16 180:1 occasions 58:2 67:3 occur 128:6 occurred 91:6,9,12 92:9 128:17 163:19 occurring 22:4 110:9 offered 3:16 4:8 office 8:15 89:8 112:13 176:17 Offices 1:16 offsite 94:13 115:16 oil 162:21 okay 8:6 22:9 26:16 33:20 38:20 43:8 55:8 61:7,23 62:7 63:4,15 65:13,15 66:12 72:1 83:18 85:22 89:19 94:1 102:8 110:1 115:8 121:3 125:20 129:2 134:21 136:12 157:10 158:15 165:6 167:14 174:12 175:11 old 21:12 48:13 60:12 86:5 102:5,12 112:6 152:13 171:7,7 ! j j once 13:11 23:19 26:17 I 32:3 37:4 39:8,12 40:3 40:14 41:17 42:9 52:14 64:7 72:7 74:9,20,22,23 75:23 76:6 81:12 99:12 108:17 118:2 128:15 131:15 132:1 135:22 136:17 138:7 139:12 140:7 141:13 143:11,13 153:8 159:13 175:11 ones 109:17,19 111:4 149:7 173:8,8,11,12 179:18,20 one-foot 115:19 119:17 134:20 | one-quarter 61:21 j ongoing 101:23 107:8,9 onsite 90:11 136:4 open 156:6 opened 112:12 operate 151:20 167:23 operated 57:10 160:20 operation 38:16 58:22 74:10 161:5 175:4,10 operations 9:22 opinion 6:2 33:14 69:3 93:13 opportunity 80:12 opposed 37:6 orange 125:22 order 6:21 25:20 28:3,6 1 j 1 1 f I 1 I I 1 32:7 43:18 44:1,2 47:9 49:7 61:17 67:2 68:21 118:10 130:19 141:22 172:5 175:19 ordinary 152:14 ore 17:9,12,13,16,17 18:6 18:7,19 21:9,14 30:17 74:12 organization 180:6 oriented 120:16 original 13:5 64:10 originally 159:3 originate 152:5 originated 159:10 1 1 334.262.7556 Reagan Reporters, LLC www.reaganreporters.com 1.888.662.7556 ADAD21 -008156 HARTOLDMON0039035 Page 10 CRAIG BRANCHFIELD, VOL. II - 7/22/2003 outfalls 145:21 outfit 94:19 outlined 35:13 outside 9:19,23 10:5 34:19 40:14 45:18 46:4 162:11 overburden 16:20 18:19 22:5,19 oversight 124:14 130:9 owned 25:5 114:1,16 118:14 169:1,9 owner 7:5 23:21 24:14 55:18 65:17 83:3 138:10 owners 15:20 owns 122:4 Oxford 5:13 9:17 15:19 28:4,22,23 29:2,9 40:10 81:1,13 82:3,6 119:9,22 120:5,7 135:13 137:16 138:8 139:11 140:8 143:22 149:19 P pad 117:14 Page 4:5 154:23 pages 183:23 paragraph 154:22 155:7 155:20 156:14 158:1,7 158:13 164:5,8,11 169:10,12 paragraphs 178:7 parallel 106:4,10 park 81:2,13,15,23 82:3 119:9,11,16,18 135:13 137:17 139:12 140:8 141:17 142:2 149:19 Parkway 34:12,13 75:9 75:15 100:8 part 22:16 34:17 36:1 48:8,19 67:21,22 72:11 85:19 96:19 104:23 105:8 119:15 124:15 129:7 133:22 171:21,22 participate 89:23 participated 89:19 90:1 181:9 participation 92:1,3 particular 9:4 10:2 23:1 23:8 27:16,20 30:22 32:8 34:22 35:17 36:5 78:18 87:12 100:9 104:20 105:17 111:16 115:21 123:23 127:23 160:13,16 164:12 177:20 particularly 102:14 161:1 parties 3:4,21 91:6 184:3 184:6,9 parts 7:1,9,14 9:8 11:7 23:11,18 25:2 26:22 34:15 35:20 44:7 45:23 47:4 49:9,13,19 55:22 59:9,13 63:22 64:12 72:12 105:16 108:17,21 111:18 115:12 130:12 134:16 170:13,20,22 172:5,6 party 3:18 90:23 180:19 patches 138:13 path 106:5,10 paths 106:4 pathway 11:9,14,22 45:7 87:6 124:10 pavement 95:5,6 pawnshop 83:2,4,13 112:6 113:2 121:17 142:21 146:18 PCB 33:21,23 37:2,3 41:18,19 42:4 43:8 45:5 47:5 48:7 50:16 56:15 77:21 94:12 118:22 132:19 150:2 155:1 163:11 167:19 169:14 PCB-contained 29:15 PCB-containing 82:9 90:9 98:8 143:12 PCB-contaminated 150:9 PCB-laden 140:19 pending 183:19 people 13:23 78:11,22 85:15 93:14 99:19,23 118:15 121:18 127:2 140:10 147:15 163:1,16 165:8 percentage 150:8 perfect 48:1 perform 105:12 period 107:6,22 153:12 periodic 142:4 permanent 98:11 130:3 permeability 116:9,11 permission 7:4 23:20 93:2 131:2 permit48:15 95:16,17 96:4 98:22,23 99:12 107:23 130:17 171:22 persistence 178:12 person 177:1,7 personal 93:12 131:16 132:2 141:14 146:3 personally 55:2 165:7 166:23 167:15 perspective 81:18 145:23 155:12 171:11 PHARAMACIA 183:17 PHARMACIA 1:8 phased 167:8 phone 176:5 photo 12:23 13:2,3 29:10 30:12 31:23 52:7 54:1 74:7,17 75:6 84:6 121:5 127:12 141:16 photograph 76:5,11 77:8 78:8 79:5 80:22 81:10 82:17 83:10 84:7,8 95:19 100:4,20 101:3 101:17 102:15 106:20 112:3,23 113:1,17 114:6 117:20 118:1 119:6 120:3,16 121:2 121:19 122:2 123:6,16 124:5,11 125:5,9,13,19 127:4 131:13,18 132:3 132:13,22 136:23 137:4 137:14,23 138:4,16,21 139:9 140:3,22 141:1 141:10 142:5,18,22 144:10,21 145:17,19 146:1,16,20 photographs 5:2,5,9,11 6:10 85:9 113:20,21 114:4 132:2 147:12 photos 125:15 146:4 physical37:8 181:18 physically 10:10 37:6 42:10 76:2 80:19 Physics 151:6 pick31:18 63:13 137:13 153:22 pickup 141:11,12 picnic 99:15,17 picnics 99:20 picture 9:10,13 24:19 27:19 29:1130:20,23 31:2,9,17 32:3 53:2,17 54:8 60:19 77:5 80:23 81:1,12,14,20,21 82:21 83:8,12 84:14 95:20 99:18 100:10,11,17,21 100:22 101:4,6,8,8 104:19,20 105:18 113:5 113:8,16,18 114:7 119:8,10121:4,14 123:14,17 125:11,20 127:5 131:14 132:17 137:2,22 138:17,19 139:1,10,11 140:4,17 142:6,12,13 143:3,14 144:2,22 146:17,21 149:8 pictures 6:14 31:15 52:4 52:6,9 113:2 119:23 121:23 131:16 132:9 138:2 139:17 141:15,21 147:2,15,17 149:13,18 piece 7:12 12:10 30:14 31:10,13 52:15 54:6,23 55:4,5 57:1 67:4 69:15 114:15 115:9 118:8,12 121:16 142:15 148:22 pieces 32:17 33:15,20 54:17 55:14 61:7 62:1,2 156:11 Piedmont 25:6 pile 58:19 59:7,16,39,20 60:13,16 72:10,13,20 72:21 90:19 101:18,19 102:6 107:20 108:9 153:14 179:1 piled 102:2 piles 59:14,21 60:21 162:23 piling 90:18 pilot 15:10 72:16 169:1 pipe 79:19 80:9 87:13,19 140:12 149:3 153:6,9 155:12,15 157:3,6 pipes 102:5 place 2:6 95:7 99:5 107:19 115:18 119:21 122:1 129:12,13 135:8 135:14,18 153:23 175:3 181:6 placed 13:13 24:1726:12 30:10 37:6 38:10 42:10 43:5 75:21 76:2 97:16 97:19 109:20 140:11 places 43:13 64:22 97:5,6 97:7 172:10 placing 29:20 plain 10:1,5 34:20 36:7 39:15 40:1446:5 79:13 81:6 102:9,22 103:8 108:14 120:22 152:13 plains 111:17 PLAINTIFF 2:3 Plaintiffs 1:5,15 183:11 183:16 plan 25:17 26:18 27:4,14 106:16 124:21 130:21 plans 32:22 110:13 I 334.262.7556 Reagan Reporters, LLC www.reaganreporters.com 1.888.662.7556 ADAD21-008157 HARTOLDMON0039036 CRAIG BRANCHFDELD, VOL. II - 7/22/2003 Page 11 116:16 plant 87:2 88:19 95:22 96:1,8,16 100:1 101:20 101:23 105:15 106:2,5 106:11,12,20 110:8,10 113:23 115:2 124:9 126:3,3 145:7,20 162:11 176:14 plants 18:17,18 plastic 103:17 playing 141:19 Plaza 2:21 please 168:6 plus 46:9 point 66:14 70:7 83:23 98:14,16 144:6 153:9 164:21 169:8 170:12 points 70:6 pole 77:10,11 78:2 123:7 123:20 124:4 poles 122:7,13,15,22 123:12 pollution 156:23 polyethylene 115:23 pond 29:8 139:1 ponded 121:10 portion 6:16 7:2 8:14 24:5 31:20 33:23 35:1 39:9,1148:4,12 63:10 79:12 112:12,15,20 115:3 117:13 137:17 portions 40:17 65:2 95:6 115:22 possession 169:4 possibility 11:20,22 possible 14:3 15:22 16:2 postgraduate 151:9,17 potential 33:11 75:4 86:16,18,20 90:3 97:1 114:10 122:8 128:12,23 153:11 159:22 potentially 9:20 53:20 159:15 171:6 pounds 88:22 89:4 poured 153:3 power 77:11 122:4,7,13 122:15 151:8 powered 161:4 predecessor 85:12 preface 180:16 preparation 171:20 prepared 106:13,16 107:14,18 130:19 preparing 79:10 101:1 137:7 180:19 presence 54:12 71:5,5 92:19 107:3 .119:3 128:23 present 80:3 86:19 90:4 94:6 105:6 122:9 128:12 pretty 14:8 50:9 71:14 95:20 105:8 120:8,9 137:13 prevailing 11:18 prevalent 20:18 prevent 108:10 160:23 prevented 77:18 previous 13:3 32:3 53:2 127:12 primarily 8:7 129:21 135:6 152:20 153:5 principle 175:3 prior 9:21 88:7 166:16 181:22 private 129:19,23 proactively 89:10 probability 70:9,15 probably 10:3 12:15 28:6 75:21 87:15 100:15 118:10 133:20,20,21 142:14 165:5 problem 70:4,4 problems 138:11 procedural 3:11 Procedure 3:19 process 14:21 29:19 30:18 68:23 81:22 82:12 98:14 107:2 111:10 112:1,16 119:19 122:13 136:1 152:23 156:17 157:14 161:7 168:22 169:7 170:5 172:8 175:15 179:11 180:10 processing 112:21 produced 4:21 178:23 producer 159:16,17 producing 156:6 product 153:4 159:5 169:5 profile 144:8 program 47:21 61:19 66:14,23 70:12,14 73:17,21 110:17,18 114:20 progress 106:22 project 79:8 82:19 84:12 84:21 85:13,14,20 112:13 113:15 116:17 126:7,13,15 127:23 128:16,17 134:2 149:16 169:1 proper 142:2 properties 7:7,10,17 11:2 16:11 23:9 28:8,10,14 28:15 32:20 33:12 36:16,18,20,21 37:4,9 37:14,19,20,22,23 38:6 38:14,20 39:2,14 40:4 40:11,17 41:4,20 42:8 45:4 52:23 56:1 57:23 58:12 61:20 73:5 118:16,18 147:23 148:18 149:5,15,23 propose 98:13,15 99:2 111:8,22 proposed 134:11,15 provided 3:18 provides 136:18 providing 178:5 proximity 143:9 prudent 68:14 71:8 72:12 public 1:21 3:7 107:21 129:18,19 183:8 184:17 pulled 35:14 124:3 pulling 64:21 Pump 145:15 purchase 114:19 purchased 114:19 118:20 118:22 119:1,5 purchaser 157:11 purpose 3:17 134:9 153:17 156:10 159:6 161:12 175:13 purposes 98:7 160:10 pursuant 1:14 5:23 183:10 put 10:11 13:23 22:11 43:4 47:22 55:6 58:5 60:15 62:9 85:22 97:11 97:21 98:3 99:5 114:21 115:22 116:2,3 134:19 135:18 137:9 138:12 153:2 154:1 162:23 175:16 177:12 putting 71:20 90:20 108:8 112:19 117:7,9 133:17 134:8,22 p.m 182:10 _Q quantities 160:10 quantity 88:11 quarry 19:16 20:4 quarter 10:3 12:16 87:15 120:10,20 question 3:13 12:20 13:5 18:12 19:21 20:14,14 20:22,23 28:21 34:3 f f 43:19,22 47:6 50:5,7,10 50:20 57:6,7 64:16 71:7 | 71:20 93:15 94:2 I 108:18 112:2 140:13,15 150:23 157:16 168:6,8 174:17 181:23 questions 3:12 27:19 52:5 1 78:17,19 93:23 1 quick 148:8 I Quintard 84:10 85:6 87:1 87:17 89:20 95:1 quote 89:14 quotes 89:15 I R R2:14 radiation 45:9 1 railroad 113:13 126:1 129:22 rains 121:11 1 range 47:4 48:9 105:8 ranging 170:19 raw 173:18 RCRA 47:21 95:15 96:4 98:23 130:17 reach 98:13 I reached 98:16 1 read 154:16 168:6,7 180:11 reading 93:16 184:3 real 131:4,6 148:8 realized 90:2 really 30:7 73:10 145:22 149:14 150:21 161:7 reason 17:22 19:19 26:15 51:10 76:17 99:22,23 177:10 reasonably 129:4 recall 35:21 36:17 37:11 40:1,12 42:1,3 43:16 78:1,6 116:15,17,22 117:5 123:2,5 126:10 received 9:20 30:5 151:9 151:13,16 recess 84:4 146:14 176:8 recognized 122:8 recollection 42:20,22 46:7 77:4147:11 recommend 111:5 record 5:19 51:12 52:10 g 98:23 168:7 178:3 | recover 91:7 145:11 | recovery 78:21 145:2,4,7 g red 13:21 14:15 16:10,15 I 334.262.7556 Reagan Reporters, LLC www.reaganreporters.com 1.888.662.7556 ADAD21-008158 HARTOLDMON0039037 Page 12 CRAIG BRANCHFIELD, VOL. II - 7/22/2003 16:22 18:3 19:5,18,20 20:5,10,16,17 21:5,8,11 21:13,17,21 22:7 29:23 30:2 53:4,6,9,11,12,14 53:15 54:12 78:13 138:18 reddish 53:18 54:2,4 refer 16:15 29:22 30:1 42:20 158:18 reference 164:7 169:11 referenced 155:19 referred 48:14 116:6 156:13 referring 76:4 77:2 158:21 160:14 172:19 refers 178:10,14 refilled 163:12 refuse 162:10 regard 9:5 22:23 25:22 27:16,20 33:14 89:12 98:10 130:1 150:8 regarding 168:1 regardless 54:11 73:18 regional 22:21 94:21 regular 21:12 92:2 regularly 90:14,15 99:11 172:2,4 regulatory 95:9 125:2 relate 5:9,11 121:12 related 4:19 88:14 107:8 177:4 relates 9:11 relation 41:20 108:7 relationship 120:2 relative 129:6 relatively 8:21 released 88:8,12 89:3,6 89:13 releasing 88:22 164:22 remedial 110:17 remediate 96:12 97:10 130:2 remediated 23:4 32:18 32:20 96:4 remediation 5:12 22:16 23:1 83:18,20 119:2 145:23 147:13 177:9 181:5,7,8,14 remedies 49:22 remedy 97:14,15 remember 9:3 35:11,18 41:15 51:18 78:19 96:21,22 149:9 Remind 151:1 removal 6:20 8:2,4 23:19 23:23 26:19 29:14 31:1 31:6 32:5 34:18 37:21 1 responsibility 168:3 38:12 39:7 40:2,20 responsible 108:8 180:13 41:14,17 42:2 53:1 56:7 rest 32:15 68:1 153:15 68:18 71:4 110:20 restate 140:17 150:2 130:21 137:8 restrict 88:18 removals 40:11 result 10:8 39:13 remove 7:6 23:6 24:5 resulted 56:21 58:11 69:11,16 98:4 resulting 10:18 102:1 110:13 111:8,22 results 23:17 43:15 47:16 removed 23:12 24:14,17 68:10 126:11 184:10 29:15 36:1 56:3,17 69:2 retaining 148:21,22 75:8 82:8,11 110:7 retarded 139:5 130:10 135:9 147:23 reused 153:12 148:5 149:4,22 153:10 review 158:3,5 removing 26:14 32:9 reviewed 179:15,16,17 100:15 110:6 111:20 180:2,21 134:23 135:19 reviewing 180:20 render 181:17 Rhodes 2:11 renovation 83:13 112:8 RIFS 110:14 112:1 121:18 right 5:8 6:19 7:19 9:3 rent 112:10 20:7 21:2 22:23 24:19 repeat 174:16 31:2 36:14 39:1 41:5 replaced 121:17 42:19 49:10,15 52:3 report 42:21 72:17 53:23 54:3 59:7 63:5 reported 183:12 65:12 66:21 68:4,5 reporter 1:20 3:7 168:5 69:20 85:3 103:9,14,18 183:7 184:17 104:10 106:19 109:7 REPORTER'S 183:2 110:3,12 112:1 114:18 reports 15:9,13 35:13 116:23 119:7 120:18 repository 112:17 128:1,19 132:8 137:15 representative 6:7 72:9 137:20 140:23 142:8 representing 3:3 148:22 149:10 152:10 request 177:13,19 181:21 158:1,7 166:8 168:11 182:4 174:1,5 179:2 requested 181:16 right-hand 6:16 require49:22 50:8 56:16 right-of-way 129:22 150:21 ring 148:21,22 required 40:22 56:3 74:6 risk 70:18 110:18 111:1 83:20 105:3 110:8,20 177:1 178:16 114:2 road 12:6 137:6 143:1 requirements 3:11 ROBERT 2:9 requiring 70:13 rock 16:21 18:7 22:20 rerouted 85:19,21 30:13,19,22 52:12 reserve 65:1,7 74:21 113:9,13 145:20 reserved 3:15 149:11 residential 7:10,11,16 rocks 74:13,15 14:1 28:7 45:4 55:5 rocky 31:22 114:14 66:23 69:16 76:20 rocky-type 18:9 100:7 118:18 134:9 Roden 2:9,10 137:9 148:16 roII-of24:18 132:18 resistant 160:22 137:11 resources 9:2 room 155:23 respect 3:10 11:14 90:1 rough 45:12 177:20 178:1 Rules 3:18 response 177:12,19 178:6 ruling 3:15 responsibilities 108:4 run 70:18 126:4 153:22 running 119:14 runs 12:7 80:10 85:3 ruptures 162:14 S sake 45:20 sample 38:3 59:8,10,12 61:13 62:4,21 63:12,15 63:16,21,23 64:2,3,4,11 64:19 65:23 66:1,7 69:22 70:5,18 72:2,9 99:9 101:1 103:23 104:1 149:21 sampled 73:6 78:6 105:5 126:12 samples 44:4 46:22 64:10 66:2 70:11 112:21,22 115:11 sampling43:23 61:18 62:8,8,17,23 63:3,4,9 64:23 65:2,18 68:9,17 70:14 73:14,17,21 74:2 74:4,5 82:1 101:1 129:11,13,14 sand 9:12 59:7 60:11 61:1 71:13 75:5 78:12 80:8,15,16,20 85:5,10 86:4,14 140:11 143:17 143:20 152:3,4,5,6,6,9 152:14 153:14,17,19,22 156:17 157:21 158:9,12 159:10 162:9 167:16 sands 36:5,19 73:3 76:6,9 84:17 86:11 117:18 153:10 162:21 sandy 54:5 114:11 save 136:12 saw 37:22 149:13 180:17 saying 14:14,15 20:17 55:20,21 93:7 162:12 says 66:6 80:16 124:23 154:23 168:4 169:13 scarred 52:12 scheduled 28:11 school 151:8 science 151:5,10 scientists 124:22 scrap 14:23 30:17 74:12 155:3 169:11,11,16,18 170:3 171:9 172:9,12 173:8,10,12,13,17,21 174:9 175:11,17 scraped 58:4 screen 36:14 44:3 66:5 screening 44:8 48:17 49:6 62:4 66:6 334.262.7556 Reagan Reporters, LLC www.reaganreporters.com 1.888.662.7556 ADAD21 -008159 HARTOLDMON0039038 CRAIG BRANCHFIELD, VOL. II - 7/22/2003 Page 13 Scrudato 15:12 59:3 72:18 SEA 8:9,12 9:1 seams 21:4 second 18:11 19:1 54:22 secret 155:14 section 26:2 39:22,23 40:141:14 47:20 48:3 51:11,14,20 119:18 sections 37:11 39:20 40:5 40:20 41:13 47:19 50:14 sediments 130:10 see 7:8,11 13:7 19:19 22:19 24:2,15,19 29:18 31:18 32:8 35:3 36:18 37:8 40:9 45:7 51:10 52:17 53:17,21 54:2,4,5 56:9 74:23 75:2 76:7 81:17 82:11 83:7 102:2 102:4,5106:19 113:13 119:15,19 121:6,8 132:17 138:14 139:18 139:19 142:9 143:15,16 168:2 seeing 29:21 79:3 80:20 122:14 seen 15:13 79:15 80:1,2 80:21 88:16 89:1 147:3 147:6 157:15 159:18,18 160:7 162:3,18 178:22 179:4,22,23 seeping 122:17 sell 115:4 159:14 selling 161:15 sense 48:1 sent 5:5 44:4 46:22 101:9 105:11 separate 15:1 51:23 65:15 serves 176:23 177:6 set 64:9 184:3 setback 27:6,12 setbacks 24:9 25:8 26:15 setting 108:9 112:16 settlement 83:3 seven38:18,19 170:21 171:12 sewer 101:22 102:19,21 103:8 105:1,15 106:2 109:22 143:5 shades 75:2,3 shape 153:1,21 154:3 SHARMAN2:14 5:18 18:11 19:13 27:2 38:19 42:14 46:10 50:3,19 51:5 57:3 58:13 71:1 77:1 83:22 93:18 95:12 103:19 146:8 148:11 165:10 174:21 176:4 178:3,10 sharp 149:2 Shelby 2:10 shop 94:22 shopping 84:8 short 170:9 shortest 14:2 Shorthand 1:20 3:6 183:7 shortly 104:5 165:4 180:22 showing 124:2 shown 29:10 30:12 31:23 52:7 74:7,17 75:6 77:8 78:8 79:5 80:22 81:10 82:17 83:10 84:6 95:19 100:4,20 101:3,17 102:15 105:17 112:3,23 113:17 114:6 117:20 119:6 121:2,19 122:2 123:6,16 124:5 125:5,9 125:13,19 127:4 131:13 131:18 132:3,13,22 136:23 137:4,14,23 138:4,16,21 139:9 140:3,22 141:1,10,16 142:5,18,22 144:10,21 145:17 146:1,16,20 shows 51:8 81:14 shred 14:23 shredded 173:13,18,21 174:9 shredder 60:14 170:4 172:22 shredding 14:21 170:5 171:5 172:7,16,21 173:23 174:3,13,19 175:4,10 shrubs 25:10 125:7 side 5:5,6 11:19 37:18 41:8,16 48:12 53:23 54:1,2,3 59:9,11 67:10 67:12,13,21 96:11 109:20 115:16 127:6,8 sides 67:16 122:18 sign 90:20 91:3 signature 3:22 signed 6:22 108:5 110:16 significance 84:9,11 100:9,12 102:3,7 117:21 118:3 121:9 123:8,15,18,23 125:10 131:20,21 142:11 145:22 significant 10:18 17:9 46:3 81:3 95:23 96:2 113:7 114:9 144:15 significantly 39:10 signing 184:4 signs 80:1 similar 37:3 40:15 simple 50:9 57:6 simply 8:20 68:17 single 70:17 88:7 sir 19:11,21 20:21 50:1 50:13 58:8 70:20 71:9 91:2 93:22 140:15 sit 50:1 167:9 site 83:18,21 85:16 86:17 86:19 87:1 90:18 95:22 96:1,3,6 107:6 109:3 124:9 139:23 145:7,20 sites 8:4 sits 10:2 situation 40:15 86:10 102:20 sixteen 97:18 sixteen-year 165:15 slag 30:15,15 31:13,20 38:14 52:15,18 54:9,10 74:10,22 slags 149:11 slow 8:22 62:19 small 46:4 93:8 Smith's 63:13 Snow 10:1 12:14,17,17 36:7,10 39:15 81:8,9 85:2,2,17,18,19 86:12 86:12 87:1,5,10,19,20 88:2,8,15 89:4,14 102:9 108:15 111:15 119:13 119:13 120:23 128:22 139:22 140:20 141:7 168:14,20 sod 29:20 138:11 softball 81:2 82:2,4,10,15 119:12 141:20 soil 12:23 13:1,7,16 14:16 15:1716:4,13,21 17:11 18:2,13,20 19:3,15 21:3 21:20 22:4 23:7,1425:1 26:2,14 29:12,16 30:3 32:9 48:2 53:9,17 54:3 54:5 58:5 62:13,16 75:1 75:3 76:8 77:15 78:7,14 81:17 82:9,13 91:8,12 92:7,11,23 94:6 97:19 97:20 107:3,17 108:11 111:9,14 113:14 114:14 115:16 116:4 119:17 133:1,11 136:17 137:10 142:1 144:7 149:3 150:4,9 153:5 155:12 155:15 157:3,6 soils 7:2 13:9,13,20 16:1 18:14 20:2 21:23 22:1 36:1 47:23 56:15 90:5,9 90:12,16,17,19 91:4,10 91:14,15 92:4 94:12 98:4,8,9 100:16 103:22 106:6 107:11,12 109:1 110:1,6 113:10 122:11 122:11 126:7,18 128:4 132:19 143:12 sold 154:5,7,10 159:5 160:5,9 161:10 163:16 168:13,16 169:2 174:8 Solatia 1:9 8:1 11:16 38:8 85:16 91:19 94:7 101:16 107:5 124:13 126:3 167:1 179:15 180:4,9,11 181:13 183:18 Solatia's 69:3 somebody 10:10 35:5 50:8 112:10 121:15 somebody's 27:1 soon 103:14 107:23 112:19 sophisticated 46:16 sorry 13:2,3 17:2 19:14 53:21 59:18 103:4 140:14 170:7 174:16 sort 22:3 75:2 153:19 154:1 ' source 28:22 29:1 156:19 156:23 157:20 159:2,11 169:19 sources 5:16 30:7 86:19 155:1 158:11 169:13 171:1,9 south 43:11,17 46:8,17 46:19 47:2,11,19 48:5 50:15 96:10 southeast 96:8 southern 1:3 8:14 183:21 so-called 85:4,9 speak 183:14 specialty 154:11 155:18 156:13 specific 9:7 11:1 22:14 23:17 24:22 31:13 36:17 42:4 46:21 87:21 88:11 104:22 123:4 334.262.7556 Reagan Reporters, LLC www.reaganreporters.com 1.888.662.7556 ADAD21-008160 HARTOLDMON0039039 Page 14 CRAIG BRANCHFIELD, VOL. II - 7/22/2003 149:9,16 151:22 157:18 161:8 169:21 170:23 173:16 specifically 5:14 6:22 9:23 10:22 13:18 14:17 16:7 22:12 23:23 25:16 25:17 28:17 30:4 38:8 59:4 74:3,16,19 77:6,22 79:14 82:1,10 84:20 93:6 96:17 97:13,22 113:6 123:3 126:13 134:2 141:8 152:11 156:8 157:4 160:9 161:10 171:14 172:13 174:2 specifics 35:19 128:15 speculate 49:21 50:7 spill 88:10 spilled 181:10 spills 162:21 spoke 153:16 sponsor 139:4 spot 68:7,16 69:18,22 70:1,8,16,17,19 120:8 spots 70:10 spread 73:4 spring-fed 29:7 St 2:22 176:17 stability 160:22 stage 29:14 standards 167:22 standing 24:16 127:2,7 127:11 144:12,14,19 staring 144:19 start 34:6,10 64:17 65:3 65:22 67:20 103:11 106:12 152:4 started 61:15 62:23 88:17 88:20 103:13 124:17 127:18 131:2 133:11 starting 62:19 146:13 starts 152:9,13 state 1:21 3:8 95:9,16 162:20 183:4,8 184:18 stated 79:18 statements 162:4 180:23 States 1:1 17:8 151:4 159:8,16 183:20 state-issued 99:12 station 124:8 stay 68:1 Steel 171:17 step 104:4 steps 91:7 stipulated 3:2,20 stipulation 1:14 183:11 STIPULATIONS 3:1 stocking 56:13 stockpile 105:12 106:6 108:7 109:20 stockpiled 107:11,12,17 108:11 109:1 stockpiles 109:4 stockpiling 133:2,11 stone 148:23 stone's 41:5 stop 63:21 stopped 156:6 stopping 76:18 storing 112:22 117:17 storm 139:14 story 170:9 strange 55:16 strangely 55:11 stream 58:18 172:11 streams 170:8 street 1:18 2:17 11:5 27:23 37:15,15,16 38:22 40:22 42:9 46:2 126:2,15 127:7 128:19 128:21 137:10 142:16 143:6,8,10,19 Streets 148:19 stress 26:12 stretch 128:23 strike 93:20 strong 10:6 structural 24:10,11 26:9 structure 154:2 studies 15:10,11 59:1,2 72:17 175:4,6 study 72:17 107:16 110:18 111:2,4 124:10 124:15,18 170:1,10 171:12 stuff 15:7 18:16,16 22:3 57:22 60:6 82:22 126:19 144:7 148:1 sturdier 116:1 styled 154:15 subdivide 61:22 subject 51:1 subjects 4:19 94:1 submitted 125:1 Subsequent 130:14 subset 51:16 substance 163:22 substances 136:5 substantial 157:11 substation 122:5 substitutes 163:12 suggest 88:16 89:18 suggested 31:7 79:17,17 suggesting 13:12 37:5 42:9 70:3 77:17 suggestion 39:12 suggests43:3 53:19 80:2 113:11 Suite 2:7,21 supplement 9:1 supplier 159:22 supplies 163:16 support 110:8 124:10 178:19 supports 76:1 80:17,18 suppose 6:15 27:7 61:23 153:11 sure 12:5 13:6 14:5 35:15 84:2 87:23 99:8,12 121:14 127:17 143:11 147:7 160:1 169:23 172:18 176:7 182:1 surely 15:22 surface 47:4 51:9 62:13 62:15 64:3 65:11 99:10 surprise 102:12 suspect 52:21 141:6 174:23 sworn 4:12 183:13 system 96:14 114:21 systems 145:7,15 163:11 T table 4:23 99:15,17,21 147:19 179:19 take 10:10 14:23 56:12 59:8,10 61:9 66:10,13 68:14 70:6,1 U2 84:1 97:11 100:15 129:12 134:13 138:14 147:14 147:15 160:21 162:22 taken 1:14 3:5 4:16 24:20 25:3,5 31:15 59:15 73:13 81:12 83:9 84:5 94:13 114:5,8 121:14 123:13 125:20 132:20 146:14 176:9 181:6 takes 70:12 talk 22:16,18 36:13 158:16 169:20 172:12 176:11 talked 25:8 112:7 118:4 152:3 158:15 163:1 talking 12:2 14:17 18:5,6 18:14,15,19 59:16,20 93:23 141:18 164:4 172:13 181:7,7,9 tarp 108:9 123:22 137:12 tarps 137:6,10 technical 181:18 teU5:8 6:8,11 12:5 13:18 13:19 15:23 16:7,8 20:1 23:2,3 28:17 30:4 31:12 31:21 58:14 61:8 74:19 77:6 82:21 84:20 93:4 111:10,12 112:5 113:5 120:3,16 124:22 142:17 144:20 169:18 177:18 telling 20:2 74:1 140:10 tells 75:18,20 temperature 160:20 175:18,21,22 176:1 temperatures 176:3 temporarily 85:21 temporary 130:2 ten 7:1,9,14 9:8 11:6 23:11,13,18 25:2,4 35:20,22 39:4,19,21 40:1,6,16 47:3 48:8,19 49:9,13,19 55:22 56:6 62:3,15,22 63:11,18,22 64:12,23 65:17 66:6 96:20,20 97:5 133:23 146:9 tennis 137:19 139:18,19 140:1,4,16,18 term 22:22 23:22 71:14 117:1 171:3 terms 7:3 56:3,18 61:16 62:7 117:3 128:3 test 28:13 66:2 74:13,15 91:7104:8 tested 7:13 23:15 27:21 28:9,12,13 30:9 43:12 43:14 47:18,23 49:8,12 82:3 testified 4:13 testify 93:11 testing 43:9 46:8,16,18 46:22 47:1,7,10 56:5 69:19 97:4 124:7 150:2 150:3 tests 63:8 texture 118:4 Thank 182:6 thereof 184:10 thicker 116:1,6 thing 11:13 12:1920:10 66:9 73:15 76:13 79:18 97:11 136:10 143:14 things 8:21 9:14,15 31:6 57:19 75:14 95:10 102:6,13 118:3 133:7 147:21 159:18 169:15 334.262.7556 Reagan Reporters, LLC www.reaganreporters.com 1.888.662.7556 ADAD21 -008161 HARTOLDMON0039040 CRAIG BRANCHFIELD, VOL. II - 7/22/2003 Page 15 171:4 116:5 117:5 140:5,18 think 13:15 27:13 31:3 142:10 171:16 174:6 43:20 44:1,8 46:11 towers 142:9 47:17 50:9 55:11 56:19 toxic 136:4 163:21 57:5,7 58:13 61:4 70:12 164:20 71:7 87:4 92:17 116:20 track 35:5 123:11 125:15 131:5,15 tracks 113:13 126:1 132:1,7,15 133:12 tractor 76:16 113:3 136:9 137:2 141:14,21 trade 155:14 143:13 144:2,3 146:3 traffic 117:15 147:3,4,6 149:5,20 transcription 184:1 151:15 154:13 155:6 transformer 60:10,13 163:8 167:21 171:13,15 77:13,15,18,21,23 177:22 transformers 158:23 thinking 54:15 160:5 163:20 164:1,2 third 11:13 112:20 171:7 thirteen 42:14,15 103:2 transport 75:23 thirty 59:9 172:6 Transportation 79:9 thirty-five 179:13 trash 75:14 102:4 thorough 50:12 treat 145:15 thought 46:14 58:3 70:21 treatment 101:20 110:10 73:12 101:10 tree 24:15 thousand 102:1 115:12 trees 24:12 141:2,3 179:14 tremendous 31:19 thousands 59:23 trench 114:8 122:18 three 37:13,18,19,23 38:5 truck 71:18 72:1,6,22,23 57:14,22 61:2 66:1,3 73:2 82:23 117:15 82:4,9 103:3,4,5,7 132:20 141:12,12 105:7,15,22 145:6 148:17 trucks 61:3 79:7 82:21 true 19:6 57:21 62:2 threw 60:13 103:16 161:19 183:23 throw41:5 truth 183:14,14,15 time3:14,15 6:13 7:11 try 22:11 43:20 77:3 91:7 47:12 49:16 54:23 trying 13:4 20:23 28:12 65:15 67:16 84:5 85:5 50:11 55:19 58:8 88:18 85:13,16 88:21 98:12 91:11 131:8 136:10 98:22 104:7 107:7 156:1 159:21 171:21,22 111:13 136:13 146:15 TSCA 136:5 153:12 163:9,13 166:17 Tull 87:14,18 88:9,12 167:7 176:9 181:21,22 89:2,6,10,12 164:6,9,18 times 43:13 90:13 107:1 165:3,16 168:12,13,23 107:4 169:3 173:4 181:10 tires 102:5,13 twelve 32:20 33:4,5,7,12 today 28:9 50:2 105:22 33:17 34:5,7 54:17,18 107:22 165:21 167:10 55:14 61:10 97:17 167:22179:21 i 116:4 -Tolbert 1:4,16 183:16 twenty-five 45:14,21 told 44:6 47:17 56:14 two 8:7 9:14,15 23:16 58:13 101:11 159:19 25:19 26:1,23 27:8,13 163:2 33:1 36:11,16,18,22 tolerances 155:22 37:4,21 38:20 40:4,7 tons 60:6 41:4,13 42:16,18 45:23 top 16:2147:1049:20 50:17 56:22 57:16 58:5 47:19 63:21 65:23 66:1 88:22 89:3 104:16 68:13 78:14 97:19 99:5 99:16 103:17 115:2 106:3 108:17 139:2 141:2,3 147:7,9 170:12 173:5 twofold 176:21 two-foot-wide 26:2 two-minute 176:5 type 14:16 15:17 18:20 42:11 54:5 148:14 149:12 161:3 types 49:22 93:6,13 167:5 typewritten 183:23 typical 19:3,15,17,20 20:5,10,15 21:4,8,11,16 21:21 22:7,18 30:2 61:10 78:13 88:6 typically 13:10,22,23 14:2 16:18,20 20:19 22:13 24:20 25:5 52:17 71:11,14,19,22 72:4 97:17 155:11,14 174:14 U underneath 85:3 95:2,4 139:23 understand 58:8 64:18 104:2 understanding 17:5 69:13 152:18 155:13 175:15 176:22 Union 38:10 unique 73:2 United 1:1 17:8 151:4 159:8,16 183:20 University 151:14 upgraded 47:22 upper 22:5 23:6,7,14 82:8,12 upset 92:22 upstream 36:8 87:16 usable 83:14 use 8:18,18,22 15:7,20 45:12 72:22 76:14 78:10112:10,13,16 116:13,13 133:13,14 134:15,17 135:8 136:8 136:19 149:1 152:7 154:6,8,10 155:15 156:2,9 157:13 158:21 160:5 161:10 162:20 163:20,23 170:15 uses 159:20 utilities 126:5 UJS 79:19 80:9 87:13,19 140:12 ___________ V Valley 171:17 172:22 173:9 variation 16:17 45:5,10 46:3 variations 16:13 86:2 varied 41:18,19 115:10 varies 61:8,9 152:22 variety 143:21 149:14 171:8 various 35:13 43:12 52:19 147:23 148:2 149:11 151:10 159:20 172:10 vary 17:11 45:2 varying 37:22 38:1 43:15 44:23 45:1 170:19 vegetation 77:16 vegetative 97:19 116:5 141:23 versus 17:16 150:11 177:15 183:17 vertical 144:8 vicinity 11:2,4 20:3 21:6 21:14 28:16 31:16 37:14 46:19 52:1 77:19 79:21 85:1 86:7 90:6 110:2 125:23 144:16 video 42:1 view21:1942:23 80:7 92:8 164:13 visible 140:9 Volume 1:13 182:10 vs 1:6 ___________ W__________ Wait 18:11 waiting 131:1 waived 3:114:1 184:5 want 22:10 24:14 25:18 26:10 28:6 37:13 41:6 50:7 51:21 52:4 54:7 70:8 72:22 79:18 104:10 124:18 146:6,8 148:6 149:6 169:5,6 170:2,12,20 171:21 182:1 wanted 90:21 98:6 wants 92:15 warn 166:18 167:18 warning 167:10 Washington 151:14 wasn't 40:6 56:2 58:17 58:18 99:9 155:22 161:23 164:23 180:19 182:4 waste 5:15 9:20 14:18 25:6 30:16 48:13 51:23 52:19 57:10 58:16,17 334.262.7556 Reagan Reporters, LLC , www.reaganreporters.com 1.888.662.7556 ADAD21-008162 HARTOLDMON0039041 Page 16 CRAIG BRANCHFIELD, VOL. II - 7/22/2003 58:19 59:5,14,21 61:3 68:5,7,10,13,14 69:7,14 69:15 70:21,22 71:10 71:16,18 72:2 73:16 74:11 101:20 108:22 110:9 153:13,15 157:22 158:9,12 159:10 166:12 166:20,20 170:8,16 171:20 172:11 wastes 34:21 71:6 water 28:22 29:1,5 43:6 51:9 99:10 101:20,21 102:19 103:21 104:23 106:6,10 108:3 110:10 121:8,10 139:15,21 141:5 143:4,6,16 waterway 12:9 wax 155:4 156:14 157:7 157:13,20 158:16 waxes 157:10 way 19:8,11,22 22:3 39:15 50:16 51:4 52:8 56:5 58:15 59:17 67:18 68:2 69:19 89:23 92:21 96:12 118:9 120:12,15 150:19,23 154:12 156:23 158:3 162:13 166:7,9 181:5,17 wearing 100:18 wells 145:2,11,14 went 13:15 21:19 42:15 42:16,18 90:4 103:16 103:20 107:13 130:9,14 138:13 weren't 161:21 173:4,6 west 12:18 122:6,20 139:3 we'll 8:22 63:14 65:21,21 65:22 66:1,2,7 108:1,2 112:18 124:21 we're 5:2 6:12 7:7 10:20 14:17 28:12 29:19 32:8 35:7,8 44:15 67:1 69:3 69:4 74:22 76:7 77:14 79:11 81:21 82:12 95:14 100:11,15 102:3 - 106:23 114:3 115:7 - 119:19122:14 131:4,5 132:15 136:10 142:20 146:3 147:2 172:13 we've 5:12,14 7:20 15:13 25:128:13 29:15,16 32:20 35:14 40:10 43:14 60:23 61:1 69:4 79:15 80:2 86:16 107:18 110:15 118:3 121:20 123:22 130:22 131:10 132:12 133:10 134:11,15 135:9 137:12 145:2 147:2,4,6,17,18 147:23 168:10 White 1:17 2:15. wide 11:12 143:20 wife 125:16 WELLIAM2:19 winds 11:19 wipe 162:21 withdraw 28:21 93:21 withstand 117:14 witness 3:22,23 184:2,5 wondering 177:13 wood 78:2,3 wooden 123:12 146:2 word 94:9 114:23 129:6 167:3 words 44:6 59:6 63:12 65:3 work 5:12 7:22 8:14,23 15:12 25:17 26:18 27:4 27:14 32:22 51:11 79:3 84:16 89:20 90:12 95:14 101:21 104:9 106:4,10,16 107:5,8 116:15 122:22 124:14 124:21,22 126:17,17 127:15 130:21 131:4,7 138:15 142:1 143:4 146:22 147:15,17 151:9 151:17,23 180:8 worked 84:11 85:15 90:7 122:10 163:1 176:15 working 8:1 79:11 101:16 106:23 113:21 126:6 131:11 137:18 143:10 145:9 176:13,16 workload 8:20 works 101:22 102:19 104:23 121:15 124:12 125:17 131:16 143:4 177:5 182:5 world 159:18 wouldn't 11:9 14:5,7 16:1619:19 27:9 68:8 68:13 70:23 144:6 150:18 159:13 164:17 174:14 180:1 written 15:10,14 Y yard 7:2 16:6,8 23:7 24:6 24:16 29:16,20 31:20 32:9 34:16 35:1,20 36:4 37:11 39:6,10,11,20,22 40:3,17,21,23 41:7,8,13 41:16 43:2,2,3 45:22 55:17 61:13,19 62:10 62:21 63:7,10,15,18,20 64:1,20 65:11,18,19 67:5,6,7,10,13,14 70:10 70:18 75:13 100:12 101:1,2 173:21 yards 11:6 34:1 36:20,21 37:2,4 38:9 40:8 59:23 67:10,12 102:2 Yeah 33:13 135:15 142:8 161:23 year 47:1,14 49:13 83:5 104:11,11,15,15 107:10 107:10 124:20 130:6 138:9 145:3 years 103:2,3,4,5,7 104:13,16 105:23 y'ali 26:21 27:21 30:3 51:3 89:23 95:10 96:12 99:19 103:16 104:7,19 105:14 108:13 112:9 114:16 140:5 150:1,3 181:8 Z Zen 34:11,12 75:9,15 100:8 zero 62:14 63:11,15,17 zone 28:4 1 1-D 178:7,9,10 1-E 48:6,20 50:14 51:13 51:22 178:13 10:001:23 1002:7 11th 37:15 126:14 128:19 128:21 143:5,9 148:18 12th 37:15,16 148:19 122 164:8 16 154:23 182 183:22 190 2:21 1969 88:7 1970s 163:13 1980s 60:3 162:19 1984 164:9 165:13,17 1987151:6 1990s 60:3 162:19 172:3 199644:2 47:8 49:8 1998151:15,15 1999 129:12 2 2nd 121:21 2-E 48:6,20 50:14 51:13 51:22 2:15182:10 20121:7 20th 1:18 2:17 2000 129:13 165:5,14 2001 129:16 20031:22 6:16 119:8 131:14 146:17 182:11 183:10 184:11 20296:10 216:16 79:8,21 119:8 21512:7 22 1:22 182:11 183:10 29562:11 3 3-E 48:6,20 50:14 51:13 51:22 30th 184:11 30(b)(6)4:19 5:23 51:2 177:12 35203-3200 2:18 352052:8,12 4 4-E 48:6,20 50:15 51:13 51:22 4-10-2003 125:21 4001:18 2:17 5 54:6 5-E 48:6,21 50:15 51:13 51:22 529 36:23 149:6 6 6 146:17 6002:21 62036:23 63105-3441 2:22 7 7131:14 70138:23 39:18 70939:1,18 71734:12 75:9,15 100:8 77 154:22 155:20 156:14 158:1,7,13 169:10,12 78 12:6,10,13 8 80s 163:13 164:16 172:3 S ! ! 334.262.7556 Reagan Reporters, LLC www.reaganreporters.com 1.888.662.7556 ADAD21 -008163 HARTOLDMON0039042 CRAIG BRANCHFIELD, VOL. II - 7/22/2003 Page 17 ADAD21 -008164 HARTOLDMON0039043