HARRIS, KARSTAEDT, JAMISON POWERS, RC. ATTORNEYS AT LAW David I. Geisifnger (739} 535.4538 111 SOUTH TEEON STREET, SUITE 703 COLORADO SPRINGS, CO 80903?5130 Englewood Office: TELEPHONE (719) 635?4588 383 TNVERNESS DRIVE SOUTH, SUITE 400 FACSIMILE (719) 63531605 ENGLEWOGD. COLORADO 801126816 TELEPHONE (720) 875?9140 FACSIMZLE (720) 8759141 August 27, 2002 Mr. John Himmelrich John Hirnrnelrich Associates 1010 South Sierra Madre Street Colorado Springs, CO 80903 Re: Cripps vs. Bridges Our File Non: 8164.2866 Date ofLoss: September 20, 2000 Claim N0.: 151-136604 Dear Mr. Please ?nd enclosed a copy of your deposition that was taken in the above?referenced matter. Also enclosed is an Affidavit tier you to sign and a correction page for the deposition. Please review the deposition to make sure that the Court Reporter took down everything that you said accurately. The correction sheet is not for the purpose of changing your answers. If you were to charge your answers at this time, the Plaintiff?s attorney can use this changed answer to impeach your credibility at the time of trial. Therefore, only review the document to determine if the statements are accurate. Once you have reviewed your deposition and determined that it is accurate, please sign the Af?davit indicating that there are no changes. If you determine that some of your answers were taken down inaccurately, please note those changes on the correction sheet that has been enclosed. Then sign the Af?davit indicating the number of changes you have made. Please be advised that you have Thirty (30) days from the receipt of the Court Reporters letter to provide us with any changes. If you do not provide any changes within that 30?day period, your deposition will be sealed and tiled with the Court as being accurate. Thus, in order to ensure that we comply with this deadline, please review the deposition and return the Affidavit and/or the correction sheet within two weeks of the receipt of this letter or by Tuesday, September 10, 2001. It'you should have any questions, please feel free to contact me at any time. In advance, thank you for your prompt attention and cooperation on this request. David L. Harris, Karstaedt, Jamison 8: Powers PC. DLG:nec Enclosure BRUNO COMWEW 899 Logan St. Denver, CO 80203 DISTRICT COURT, EL PASO COUNTY, STATE OF COLORADO Court Address: District Court of El Paso County 20 E. Vermijo Avenue Colorado Springs, Colorado 80903 Plaintiffs: DENNIS L. CRIPPS and MARGARET D. CRIPPS Defendants: THE CANAAN COMPANY, a Colorado corporation, JOHN BRIDGES, and COLORADO ENGINEERING GEOTECHNICAL GROUP, INC., and PAUL R. BRYANT, P.E. 0 COURT USE ONLY A Attorneys for Defendants 'The Canaan Company John Bridges STEVEN JON PAUL, ESQ. Harris, Karstaedt, Jamison Rowers, P.C. 111 South Tejon Street Suite 703 Colorado Springs, Colorado 80903 Phone Number: 719-635w4588 Attorney Reg. No. 15008 7 Ctrm: DEPOSITION OF JOHN HIMNELREICH JULY 23, 2002 ALSO PRESENT Margaret D. Cripps 303f831?1667 Foxf 831-4432 A. BRUNO REPORTING (303} HUDAK, CONRANY, 831w1667 CSR this JOHN HIMMELREICH Subscribed and sworn to before me day of 2002. My commission expires NOTARY PUBLIC A. HUDAK, CSR BRUNO REPORTING COMPANY, INC. (303) 831?1667 Page 2 Page 4 1 APPEARANCES: 1 (Deposition Exhibit Number 1 was marked 2 roe THE Ptamms: MURRAY I. women, ESQ. 2 for identi?cation) Muiliken, Gleason, Weiner, ., 3 Whitney Jolivet, ac. 3 102 South 1-3an 4 HWELREICH, 4 Suite 900 caiied as a Witness for examination under the Rui?es Colorado Springs, CO 80903 6 by the Defendants, having been sworn 5 7 accordin to law, was examined and testi?ed 6 FOR use DEFENDANT: ROBERT R. CARLSON, ESQ. 8 oath as films. 0? his Coiorado Engineering White Steete, RC. 7 Geotechnicai Group, 950 17th Street 9 EXAMINATION inc, and Paul E. let Floor 10 BY MR. PAUL: 8 Bryant, RE. Denver, CO 80202 1 1 Good morning, Mr. Hirnrnelreich. My name 9 12 is Steve Paul and I'm sitting in for Dave Geislinger, i? 13 who is an attorney in my of?ce, and we represent the 12 t4 Canaan Company and John Bridges in a lawsuit that was 13 15 brought against them by Dennis and Margaret Cripps. i4 16 We're here to take your deposition today 13 17 pursuant to a stipulated protective order. And Pro is 18 going to hand you what has been marked for 18 19 identi?cation purposes in this deposition as Exhibit 19 20 Number 1, and ask that you review that. Let me know .20 21 when you've ?nished, and then 111 ask you a few 2; 22 questions. 3: 23 A I?ve read it. -3 . 24 24 Before 1 ask you some questions on 25 25 Exhibit 1, why don?t you go ahead and state your fuli Page 3 Page 5 1 .PUEESUANEENO the I. name for the record and spell your last name, sir. 2 deposuion 0 JOHN ca1ied or examination 7 - - 3 by the Defendants, The Canaan Company and John . A john H1 alremh? Jr" 4 Bridges, was taken in the conference room at the 3 I 5 of?ces of Harris, Karstaedt, Jamison Powers, PC, 4 Okay. With regard to Exhibit 1, the 6 Attorneys at Law. 111 South Toioo Street, Colorado 5 stipulated protective record, in Paragraph 2, it 7 Springs. Colorado, commencing 2119:23rd day oriuly, 2002. before A. Hadak, a 7, ?hm as hhalt? .hn Sim?neir 8121.113 .3 profs? 9 Notary Public and Certified Shorthand Reporter in and earns 15 I?D/mg age upon ?dung blsuc to for the State of Colorado. 8 you are a fact Witness, who, much iike a treating 11 9 physician, should be compensated for his time. Whiie 13 (3F 4 PAGE 10 not being retaining Mr. Himmelreich as an expert, xamlnaiony . 14 Examination by My. Carma Defendants for the Canaan Company and John Bridges 15 Examination by EVIL Wejner 4 57 12 agree to pay Mr. Himmelreich $125 per hour spent 16 13 during his deposition." Do you see that, sir? 17 INDEX or EXHretrs PAGE 14 A Yes. 18 Motion for Protective 4 15 And you have not been Speci?cally 19 re 16 retained as an expert witness on behaif of Canaan Topographicai Map t7 Company and John Bridges, correct? 20 Exhib'3"P1' 1 as 18 A Nepa?y? re uninary eo ogic 21231Mapping, Broadmoor Glen Subdivision :9 It 15 my under?tandl'ng - Am, 22, 1996 s0 protective order that you re being deposed here today 22 21 -- that water-netted assau- to?the? Preliminary Geologic Hazards Map 35 22 reasons for-distress of the hornettiat'ithe .Crippses. ownDecember 9, 1997 omniompson 44 .33 at. 4860. muffs Dir-1m" 3-5 Shag 3mm" 24 80115 and Foundation investigation "4 undemiandmg?- 311? 25 25 A 2 (Pages 2 to 5) Bruno Reporting Company 303 83 1?1667 Page 6 Page 8 1 MR. WEINER: Steve, what's the basis of 1 that helps out the court reporter. 2 that stipulation? 2 A I understand. 3 MR. PAUL: It?s a stipulation that Dave 3 I promise to let you finish your answer 4 and Mr. Himmelreieh agreed to. 4 if you promise to let the ?nish my question. Again, 5 MR. WEINER: Requested or 5 that?s to help the court reporter out, so she?s not 6 THE WITNESS: I requested it. 6 racing to get every word we say. 7 MR. PAUL: And I don?t know that he's 7 A I'll try. 8 been out to the property. 8 That's all we can do. If you speak up, 9 I'm just -- I was surprised 9 again, it will help the court reporter. 10 to see that. 10 Objections may or may not be made during ll just trying to ?gure out how it came to be. 11 the deposition. When an objection is made, the i 12 MR. PAUL: Oh, no. 12 attorney will state his reason for that, but today 13 (By Mr. Paul) The subpoena duces tecum 13 you?ll still have to answer the question. If at a .1 14 was seizved on you and was revised to speci?cally i4 later date the attorney who raised the objection would 15 relate to your employment at OIL/Thompson, work done 15 like to go to the court to have that part of the 16 for the designated non?party, work relating to 16 deposition excluded, he can do so, but because this is 17 plaintiffs' lot and surrounding areas, and subsequent 17 a deposition 18 reports made by CTL/Thornpson regardingplaintiffs? lot 18 A i understand. 19 and surrounding areas. And you did receive that 19 Are you currently on any medications 20 subpoena, sir? 20 that would prevent you from comprehending or 21 gomect. That was the revised subpoena. 21 understanding the proceeding here today? 22 Right. And pursuant to the protective 22 A No. 23 order, we're taking your deposition here today? 23 This may seem like a silly question. 24 A Okay. 24 Have you ever been convicted or charged with a felony 25 Have you had your deposition taken 25 at any time? Page 7 Page 9 1 beforeWhat is your address? 3 Okay. Let me go ovor a few ground 3 A 1010 South Sierra Madre Street, Colorado - 4 rules, Mr. Himmelreich. If you don?t understand one 4 Springs, Colorado 80903. 5 of my questions, please feel free to let the know. 5 And your date of birth? 6 It?s very important you understand all my questions 6 A October 29th, 1951. 7 before you give an answer. There?s a presumption that 7 Sociai Security number? 8 when you give an answer that you understood the 8 A 556~84?8345. 9 question so you gave the correct answer. 9 And your current empioyment? 10 If, at a later date subsequent to 10 A I am a soie proprietor. i'm a ll deposition in this matter or a hearing or a trial, the 1 consulting engineering geologist. I 12 same or similar question was asked of you and you gave 12 Do you have a company name for this 13 a different answer, then your answers here today could 13 prOprietorship? 14 be shown to the judge or the jury to show the 14 A John Himmelreieh and Associates. 15 inconsistency and to impeach your credibility. 15 When did you create this prOprietorship? to Understand that? 16 A November of 1997. 17 A Yes. 17 And why did you create that 18 And I won?t be offended at all if you 18 proprietorship?? 19 say, I'm sorry, I don't understand your question, 19 A When I left CTLr?Thompson submitted my 20 would you repeat it. Because it is important that you 20 resignation in October of '97 1 formed the sole 21 do understand my questions before you answer. 21 proprietorship shortly after the ending date of my 22 A I understand. 22 employment. 23 if you can, it will be good to answer 2.3 You sorry? 24 with a yes or no, try to keep your voice up. Instead 24 A Shortly after the ending date of my 25 of an uh?huh or huhwuh and nod or shake of the head, 25 employment, I formed the sole propri-etorship. 3 (Pages 6 to 9) Bruno Reporting Company am f, :g i 3:12;? a? i? ?1 i ii? lees?c Ewes; Page 10 Page 12 Prior to November of l997, how long did 1 A The company was struggling in some you work for (TIL/Thompson? 2 respects, and we had recently been involved in A Almost six years. 3 litigation that maxed out our errors and omissions What was your job title or capacity in 4 insurance, and we were at a crossroads as to whether 5 which you worked for Gil/Thompson during those six 5 to obtain additional insurance or hire additional 6 years? 6 personnel, and we chose to sell our ?rm. 7 A Myjob title was associate engineer and 7 This litigation that brought about the 8 I was hired as a geotechnical engineer. 8 sale to CTLEThompson, what was the allegation with 9 You indicated that you were hired as a 9 regard to GCI, Inc.? 10 geotechnical engineer and then wound project called the MeCsuila!? ll associate engineer. Is that like a promotion or a ll Water Treatment Facility in the Air Force Academy, and 12 step up within the company or was it the same 12 it was a dispute from the contractor -- by the 13 position? 13 contractor, Park Construction, relative to density 14 A My title was associate engineer. As i 14 testing that had occurred on the project. 15 recall, the job description was to perform duties of a 15 What was wrong with the density testing l6 geotechnical engineer. 16 or alleged that was wrong? 17 Okay. So you basically function as an 17 A i don?t recall the speci?c details, 18 associate engineer, but your focus was as a 18 however, Park. Construction alleged that there were 19 geotechnical engineer in that capacity? 19 misuse of proctor values, moisture density 20 A The title was if 1 can clari?/r? The 20 relationships on the project, and that the density 21 title of my position was associate engineer, that was 21 testing was not carried out properly. 22 the levee-?Elie next level above that is, i believe, 22 Was GCI hired to do the density testing? 23 principal engineer, and the next level below that is 23 A Yes. 24 project manager, so that?s the level i was hired in 24 And did you oversoe the density testing? 25 at, the same level as Marty Essigmann. Anddid not. Page ll Page 13 recall, Bill Hoffmann was also an associate at the i Who was in charge of the density -- 2 time in 1992 when was hired. The duties that were 2 excuse me, too much caffeine. 3 assigned were geotechnical engineering and soils 3 Who was in charge of overseeing the 4 engineering. 4 density testing that was performed on this project? 5 Prior to being hired in 1992 with 5 A There were two or three technicians that 6 CTL/Thompson, who did you work for? 6 performed the density testing, and Marty Essigmann was 7 A was a principal in a ?rm called 7 the engineer in charge. 8 Geotechnical Consultants, Incorporated. 8 What was your involvement on this 9 Who else was a principal with 9 project? .5 10 Geotechnical Consultants? 10 A Minimal. 1 1 A Marty Essigmann and Elaine Hobden, ll So Marty was supervising the projectcouple of technicians underneath him who 13 How long was Geotechnical Consultants in 13 were performing and overseeing the density testing? 14 existence for? 14 A . Correct. 15 A it was either July or August 1984 until l5 And your involvement was minimal, and 16 the working of Geotechnical Consultants, SCI, 16 can you clarify that for me? 17 were purchased by CTLr?Thompson in late '91 17 A My expertise is in engineering geology 18 believe our first day of employment at CTL/Thornpson l8 and geotechnical engineering, although l'm not a 19 was January lst, 1992. 19 registered professional engineer. The geologic 20 And why did CTL/Thompson purchase 20 studies had been performed by, believe, Black and 2] A GCI was for sale. 21 Veeic-hil'phonetic) on that project, and all that (301 was 22 And was there a reason why it was for 22 hired to do was density testing, soils engineer. 1 23 sale? 23 was in charge of geologic studies at GCI, and the 24 A Yes. 24 chief geologist, Marty Essigmann, was in charge of the 23 What was that, sir? 25 soils engineering and geotechnical engineering. 4 (Pages 10 to 13) Bruno Reporting Company 303 83 l~1667 Page 14 Page 16 1 You said he was chief geologist? 1 A As I recall, the soils engineering 2 A was. 2 subsurface investigation report that we wrote at GCI, 3 You were the chief geologist? 3 i did the initial research, air photo research, and 4 A Yes. 4 some of the historical research regarding preexisting 5 Okay. And yon mentioned that you're not 5 ?lls on that site. 6 a registered professional engineer? 6 Other than doing initial research for 7 A Correct. 7 subsurface report, did you have any other involvement 8 So then you?re not licensed by the State 8 in the Pace Membership Warehouse? 9 of Colorado? 9 A I may have watched some of the piles, 10 A That's correct. 10 driven piles for the foundation, observed the ll As a result of that litigation, do you ll installation of some of those piles. 12 know if a settlement was reached or did it go to 12 And what was wrong with the floor slab 13 trial? 13 that brought about the litigation, as you recall? 14 A, i believe it was settled prior to trial. 14 A it had cracked and been displaced. 15 Did you retain an attorney to represent 15 And a lawsuit was ?led as a result of 16 GCI in that matter or was one provided by your 16 that? 17 insurance carrier for your errors and omission policy? 17 A Correct. 18 A i believe one was provided. 18 Was an attorney provided for you by your 19 Do you recall the name of the attorney? l9 insurance carrier or did you retain an attorney? ?2 if"? 20 A Gene Commander, Eugene Commander. 2.0 A I believe we retained an attorney, and 21 you know if he was with a law ?rm 21 i don?t recall his name. 22 or 22 What year was this litigation with the 23 A Hail and Evans rings a bell, but he was 23 Pace Membership Warehouse? 24 with a law firm in Denver. 24 A I'm guessing mid?'SDS, mid?to?late ?803. 25 And you indicated that you believe it 25 As a result of this litigation, was the Page 15 Page 17 settled. Do you know what the amount of the 1 case settled or did it go to trial, do you know? 2 settlement was? 2 A I believe it was settled. 3 A part of the settlement? 3 Do you know approximately how much it 4 Yes. 4 settled for? 5 A I believe it was a hundred thousand 5 A GCl?s part of the settlement? 6 dollars. 6 GCl?s part of the settlement. 7 What was the time frame that this 7? A As I recall, about 20 or 22,090, 8 project -- did 8 somewhere in that range. 9 A ?brils-C'uilalwatef Treatment Facility. 9 Any other litigation besides the Pace it) What was time frame that this project 10 Membership and thetMcCitillat-Water Facility? was built? ii A Not that i recall. 12 A I would guess, and this is only a guess, 12 And how did it come about that 13 late ?805, possibly the early ?90s 13 CTL/Thompson purchased Did you approach 14 Was there any other litigation that GCI l4 or did somebody from CTL/Thompson is was involved with before it was purchased by 1:5 approach you? 16 CTL/Thompson? 16 A I think we approached a couple of firms. 17 A Yes. l7 One was (381, Geotechnical Services, incorporated, met 18 What other litigation was GCI involved 18 with some principles of that firm, and i think we 19 with? 19 contacted i don?t recall speci?cally. 2.0 A It was an alleged floor slab problem at 20 Do you recall who you spoke with at 21 the Pace Membership Warehouse on South Academy. 21 (Ill/Thompson with regard to the purchase of Who was primarily responsible for that 22 A I believe some of the initial 23 project at the Pace Warehouse? 23 conversations were probably with Bill Hoffmann. 24 A That was also Marty Essigmann. 24 Was there anybody else involved in the 25 What was your involvement? 25 purchase ofGCl by CTLi?Thompson? 5 (Pages 14 to 17) Bruno Reporting Company 303 8314-667 Page 13 Page 20 i. 1 A Bob Thompson was. 1 Have you ever been licensed as a 2 And did you know Bill Hoffmann prior to 2 professional engineer in this state? 3 the purchase doth think -- I may have met him 4 When did you come to Colorado Springs? 5 prior, but didn't know him well, certainly. 5 A December of 1978. 6 What about Bob Thompson, did you know 6 What brought you to Colorado Springs in 7 him? 7 1973? 8 A No. A My wife and I wanted to get out ofLos 9 Do you know if Marty Bssigmann knewgBeyht? 9 Angeles, and we had family in Colorado. 10 (sic) Hoffmann prior to the purchase of 10 When you came back in December of 1978, 11 A i believe he didwork for? 12 Do you know if Marty knewgBitF-Thompson 12 A Company called 13 before the purchase of 13 And what was your position with Lincoln 14 A Bob Thompson? 14 ?ction? - 15 Yes. 15 A My last position was the director of 16 A I believe he did. 16 geological services for the company. 17 Where did you grow up? 17 How long were you with Lincoln Eleven? 18 A Born in Denver, raised in Texas, 18 A From December ?78 through July or August 19 educated in California. 19 1984. 20 Okay. Where did you go to college? 20 So you worked with Lincoln Eeyore and 21 A California State University at 21 then formed your own company, and then eventually went Northridge; 22 to the CTL/Thompson and now you have a sole 23 What year did you graduate from Cal 23 proprietorship? 24 State? 24 A Correct. 25 A 1976. 25 I don't know if you brought with you Page 19 Page 21 1 What was your coursc of studies at Cal 1 here today a resume, did you do that, sir .2 State? 2 A No, {did not. 3 A I have a bachelor's degree in geology. 3 Would it be possible if we could get a 4 After you graduatedhold of 5 any postgraduate studies? 5 A Sure. 6 A i did take a coursc, graduate level 6 If you could provide it to Dave, that 7 course, in geomorphology and photogeology. 7 would be great, and we?ll provide it to the other 8 What was the first one you took classes 8 counsel. 9 in? 9 As I mentioned early in this deposition, 10 A It was geomorphology. 10 this case involves a house located on Broadmoor Bluffs 1 i And what is geomorphoiogy?? 1 1 at 4860, which is also within the Broadmoor 12 A Geo means of the earth, morphology means 12 South or Broadmoor Glen South area. What is your 13 shape, so shapes of the earth; essentially, a geologic 13 familiarity with the Broadmoor Glen South Development?? 14 process. 14 A If we couid clarify that, I would 15 As a result of these additional studies, 15 appreciate it. There are numerous names for that 16 did you obtain a master?s degree? 16 overail development area. Broadmoor Glen is the name 17 A No. 17 for the overall subdivision. There?s the Reserve at 18 Do you have a master's degree? 18 Broadmoor Glen South, there?s Broadmoor Glen South, 19 A No. 19 there?s Broadmoor Glen, so if we can, are you talking 20 Do you have a in any ?eld? 20 about a speci?c subdivision or the general area? 21 A No. Just from the School of Hard 21 Let's talk about the general area that?s 22 Knocks. 22 located where 4860 Broadmoor Biuff Drive residence, 23 Have you ever sat for 23 the Cripps house is, on that section of Broadmoor 24 engineer, tested in this state? 24 Bluff Drive. Does that help you(Pages 18 to 211.3 Bruno Reporting Company 303 831-1667 Page 22 page 24 i? 1 Filing 7. Okay. When did you become 1 the client contact went through either Bill Hof?nann A 2 involved with that area? 2 or Marty Essigrnann, so I provided the information and 3 A i guess of?cialiy in early 1996, say, 3 Marty Essigmann and Bill Hoffmann passed it on to the 4 late '95 or early '96. 4 i don't know what the conversations were relative 5 And who were you working for when you 5 to the ?ndings. 6 became involved with the Broadmoor Glen South 6 Based upon the photo study that you did 7 Development in Filing 7 for US Homes, did you have any conversations with 8 A lwas working at CTL/Thompson. 8 Marty Essigmann or Bill Hof?nann with regard to the 9 And what was your of?cial capacity with 9 landslide and whether or not this area, Filing 7 in 10 Gil/Thompson at that time? 10 the Broadmoor Glen South area, should be developed? ii A i was an associate engineer. ii A As i recall, I expressed concern over 12 What were you asked to do with regard to 12 the landslide areas, which were considerable. They 13 the Broadmoor Glen South Development, Filing 7? 13 were very signi?cant, and as I recoil, after Marty i 14 A. In late '95 or early ?96, was asked to 14 Essigmann?s meeting with US Home, US Home decided not 15 do photogeologic hazard mapping for the Broadrnoor Glen 15 to buy any lots within Broadmoor Glen because of both 16 area, which included, believe, this portion for 16 the expansion potential and the potential landslide Filing 7 as a study for US Home. US Home was looking l7 deposits. You have a copy of that in there. 18 to purchase property in Broadmoor Glen area and asked 18 Of the map that you did? l9 for a photogeologic hazard study, which 1 performed 19 A US Home, correct. 20 while at CTL, the client was US Home. 20 Okay. Let me do this, if there's no 21 its a result of that photo study, did you 21 objection by counsel, this is a copy of CTL/Thompson's 22 produce?a report for US Homes (sic)? 22 ?le that we received pursuant to a subpoena, and I 23 A i don?t believe we did. I believe that 23 understand Mr. Himmelreich has looked through these 24 we produced a map is all, and as I recall, Marty 24 records, and it might be easier for you to ?nd it i 25 Essigrnann then met with representatives of US Home to 25 than me, if that is okay with you, sir? Page 23 Page 25 discuss our ?ndings. 1 A Sure, I brie?y looked at them. 2 Based upon your photo study of the area, 2 Now, the record, this is CTL/Thompson's 3 did you determine whether or not there were any 3 Job Number and in this ?le there is a map. 4 geological hazards in Filing 7 of the Broadrnoor Glen 4 Is this the map that you're referring to? 5 South area? 5 A Yes. 6 A mapped a majority of the Broadrnoor 6 Okay. And this was done for US Homes, 7 Glen subdivision, or a very significant portion, as 7 and this was either late 1995 or 1996?? 8 landslide deposits. 8 A I don't recall. There?s no date on the 9 What significance, if any, does that 9 project set-up sheet. . 10 have for a developer of land if it?s if a geologic 10 The work description does indicate 11 engineer such as yourself determines that there's ll aerial photo hazard study is to be performed? 12 landslide areas within the development, or the 12 A And the job number. Nextjob number in 13 property to be developed? 13 sequence is 5777, is associated with a report. This 14 A Depends on depends on the severity, 14 is dated 8/ 17 of ?95, so again, i?rn guessing this is 15 the size of the landslide, its proximity to the 15 late '95. i 16 development, its age, its characteristics, so there?s 16 And that's based upon the nextjob file? 17 lots of factors that go into assessing risk relative 17 A Correct. 18 to building or develOping on landslide deposits. 18 5777?? l9 As a result of your photo study that you 19 A Correct. 20 performed for US Homes, did you recommend that the 20 If i got the right amount of 7s. 21 development not be had in 7 Broadrnoor Glen 21 So when we go back and look at Job 22 South Development? 22 Number and there is in that foider a map, is 23 A I didn't, as i recall, i didn?t provide 23 this the map that you produced as a result of your 24 any recommendations to US Horne. 1 had very little 24 aerial photo study? 2:3 client contact while i was at CTL/Thornpson. Most of 25 A Yes. 7 (Pages 22 to 25) Bruno Reporting Company 303 831?1667 Page 26 Page 28 1 Do this map you have Possible, and it 1 And what signi?cance is that to you as 2 says is that a slash 2 a geologist or with regard landslides? 3 A That's a Q, small L, small S. 3 A The vet-dos consists of a 4 What does that stand for, sir? 4 signi?cant amount of sand and gravel deposits. Those 5 .. A .. . i5 quaternarya sand and gravel deposits act like a sponge and absorb 6 is a young geologic age. The 6 water. That water then percolates downward until it 7 "ls" stands for landslide. So it?s the geologic 7 hits a lower permeability layer such as the Pierre 8 symbol for landslide. 8 Shale, and then that water oves laterally. 9 Okay. There?s also that?s 9 The V?i?d?os'ai ?unit-also tends to form a it) indicated on this? 10 resistent cap and protects the shale fro erosion, and 11 A That stands for Pierre Shale, ll there are the combination of Verde litiyiumand 12 Pwiue-r?r?e. 12 Pierre Shale is one in which geologists ?nd a lot of 13 What is the signi?cance of Pierre Shale l3 landslides associated with those two deposits whe 14 to a geologist such as yourself? 14- they occur toge Also, the offsetting of ye io'si 15 Pierre Shale is probably the top bad 15 al?liiyiimii one of the main things l6 actor in terms of geologic hazards in the Colorado 16 that geologists use to demonstrate that there are l7 Springs area. 17 7 opposed to in?place deposits of the 18 And why is that, sir? 18 Verona" -__1ny.ium..t- 19 A Because it is known for its high 19 is this another symbol that you have 20 j_afgdieiipotential, swell potential, and 20 here? 21 it?s known for its instability in slopes, landslides. 21 A That is "pus," potentially unstable 22 wQ-eThere's also "Qalo." 22 slopes. 23 A That is older alluvium. 23 What signi?cance does that have to you 24 And what's the significance of that? 24 as a geologist or with regard to a landslide 25 A Alluvium is water deposited material in 25 possibility? Page 27 Page :29 streams and along drainage ways. Older alluvium would 1 A Many of the potentially unstable slo 2 be alluvium that was deposit 'n?terraces in times 2 in this area are formed and are part of the?5 3 past by streams when the}: in higher levels. 3 zone of the lands?e. When a landslide occurs, as 4 Does it have any gnificance to the 4 land drops and ves, in many cases, a very-sun: op 5 possibilities of landslides? 5 and those steep slop m; 6 A No, but sometimes when you drill test 6 resulting landsliding are potentially unstable. 7 borings, you find alluvium underneath the landslide, 7 They could slide also. a 8 which helps to date the landslide in terms of when it 8 i think youalso have this "Qac"? 9 moved relative to when the alluviurn was deposited. 9 A That?s the alluvium and colluvium. i 10 Okay. You also have "Qefa." What does 10 What signi?cance does that have to you 1 1 that stand for, sir? as a geologist or with regard to a possible landslide? 12 A That flow deposit. The 12 A That is a deposit found at the, 13 would probably be ancient. l3 typically, at the base of slopes and in drainage ways. 14 What significance is that to you as a 14 It's another geologic mapping unit, different from, in 15 geologist? 15 many cases, the processes that form landslides. l6 A Ancient 79' wishes type of landslide. 16 There's also an indication of debris 17 This particular earth flow originated on Cheyenne l7 flow, what does that mean to you as a geologist, sir? 13 Mountain near NORAD and is part of a very large 18 A Debris flows are typically 19 landslide complex. 19 thunderstorm?produced, like wet concrete in 20 You have or is that 20 consistency, okay? It's a type of landslide that 21 A That?s Qv. 2i forms from basically ?oods, 50/50 percent mixture, 22 What does that stand for, sir? 22 roughly, of solids and liquid. They act not like a 23 A That is a ve'rdlo'sfalliiyiurnf"That's a ?ood and not like a solid, somewhere in between. 24 glacial deposit that caps some of the mesas in the 24 Now, you have up over here "sw, as.? 25 area. 25 That's two or -- Bruno Reporting Company 8 (Pages 26 to 29) 303 831-l667 Page 30 Page 32 A Yeah, sw, as. That's seas? 1 topographic map ?'om aerial photographs, Okay, and 2 active seepage. 2 plotted the geology, geologic units on that base map, 3 And what signi?cancethe location of Broadmoor Bluffs Drive at the time, 4 geologist with possible landslide, does that condition 4 as of 1990 -- and, as I recall, 1 just performed a 5 indicate? 5 photogeologic analysis. I used aerial phot graphs and 6 A That condition indicates active seepage 6 this topographic base map to produce iggeologic 7 and/or springs. Seepage and springs are commonly 7 map. 1 don't recall doing a field redo 8 associated with landslides. 8 all. . 9 MR. PAUL: If you don't mind, if we can 9 And when you say ?eldreoo? 3" 1' 10 go off the record, so you?ll all have this and we?ll 10 that means going actually out into the land and 11 make it as an exhibit. 11 looking at the development itself? 12 WEINER: Sure. l2 A Correct. 13 (There was a recess taken from 10:43 13 The symbols that we have discussed that 14 am. until 10:45 am.) - 14 are located on Exhibit 2, is that your handwriting? 15 Was marked 15 A Yes. 16 for identi?cation) 16 And did you draw all the lines that are 17 MR. PAUL: Let go back on the record 17 in dark or black ink that?s on this Exhibit 2? 18 in the deposition of John Himmelreich. 18 A Yes. 1 may have looked at some of the 19 (By Mr. Paul) Mr. Himmelreich, I'm 19 development in the extreme east part of this at the 20 going to hand you what?s been marked in this 20 time. 1 simply don?t recall. 21 depositipgfor identi?cation purposes as Exhibit 2, 21 Okay. And this was your first 22 and this is a reduced copy of the map that we've been -s involvement with the Broadrnoor Glen South, Filing 7' in 23 referring to out of the Job File If you can 23 this area? 24 compare Exhibit 2 with the map that we have just been 24 A Correct. 25 referring to, and let me know if that accurately we 25 That was done for US Homes? Page 31 Page 33 1 depicts the map from thatjob file? 1 A US Home. .E. 2 A it does, with the. exception of the 2 Home. I?m sorry, Ikeep throwing it in 3 scale, it?s been reduced. 3 as plural. 4 Okay. On Exhibit 2, I'm going to hand 4 A Correct. 5 you a pen, and if you could, show me where Filing 7, 5 What was the next project that you were 6 approximately where Filing 7 is located or Where 6 involved with with regard to Filing 7 in the Broadmoor 7 Broadmoor Bluffs Drive is. 7 Glen South Development? 8 A Mark it on the exhibit? i guess the 8 A That would have been the geologic study 9 Cripps residence is somewhere in that vicinity. 9 performed for Gates Land Company, Job Number 10 Okay. You just drew -- ll} (Ill/Thompson report dated April 22, 1996. 11 A that's an estimate. ll -(DepositionExh'ibit'Nurnber 3 was-"reatta- 12 You just drew a blue circle estimating l2 for idehrihcar- - - 13 that's the area where the Cripps house is, or Filing 13 Mr. Paul) I'm going to hand you "'53 l4 7, in Broadmoor Glen South? 14 what's be marked for identi?cation purposes as L, 15 A Yeah. Filing 7 extends down to the east 15 Exhibit Number 3, and this is, I believe, your report l6 several hundred feet and to the west, also. 16 dated April 22, 1996, Job Number {is-6319, which 1 1 l7 Okay. At the time that you did this 17 believe youjust described as being prepared for Gates 18 map, Broadmoor Bluffs Drive looked like it 18 Land Company? 19 A Terminated at Farthing Drive. 19 A Yes, it is, except it does not have the 20 Okay. So it did not exist at the time 20 map attached. 21 of this map, going up the mountain? 21 Okay. And is that what Figure recall, that?s correctyour report? 23 the base map that this geologic -- these geologic 23 A Yes. 24 units are drawn on, believe is from 1989 or 1990, 24 In your report it refers to Figure 2.5 somewhere in that era. This is a city?produced 25 A Yes. S- . a. a: ?sh? 9 (Pages 30 to 33) Bruno Reporting Company Page 34 Page 36 1 When we pulled the job file that was 1 made of this. 2 produced to us by CTL/Thompson. we couldn?t locate a 2 MR. PAUL: if that's okay with. Counsel? 3 Figure 2. Do you know if this is 3 MR. CARLSON: Actually, Why don?t we 4 A No, that is the Job Number (ZS-5777. The 4 mark this one, withdraw it, make COpies and return the 5 figure for this is located in another ?le here. 5 original to Mr. Himmelreich, if that's okay? 6 Okay. Could you pull out the other file 6 A This is from CTL/Thompson. 7 that contains Figure 2 so 7 MR. CARLSON: Okay. We canmark it now, 8 A We can match the map and the report. 8 (Deposition Exhibit Number 4 was marked 9 This is Figure 2, Job Number 9 for identi?cation) 10 MR. WEINER: Can we take a break and you 10 MR. PAUL: What I?ll do is withdraw 11 copy that for us? ll this, have copies made, and submit it. 12 MR. CARLSON: Well, actually, we would 12 MR. WEINER: Fine. 13 like a 13 MR. PAUL: Ifthat?s okay with Counsel? 14 MR. WEINER: Why don't you mark it and 14 MR. CARLSON: Okay. 15 then you can get copies. l5 (By Mr. Paul) So We?ve established that 16 MR. PAUL: We'll have to have that sent 16 with regard to your report-dated April 22 of 1996 the a 17 out, so let's 17 two figures, one isattgolied to the report and then l8 (By Mr. Paul) is Figure 2, is that what 13 the other one 19 you're referring to? 19 I 20 A Yes. 29 On Exhibit 4. are you able to a. well, 21 Now, according to the preliminary 21 let me go through some of the stuff with you here. L8 22 geologioal-hazards map, this indicates this is Figure 22 and a question mark, what does that mean to you, sir? 23 2 of2, so is there a ?rst page to this? 23 A In the case of the prior map exhibit. I 24 A i think Figure is in the text. it's 24 there was not a legend 25 an 8-1/2 by 11. 25 That?s right. Page 35 Page 37 Right, but this says Figure 2 of 2. ls A associated with that. This one has a 2 that referring to another page or is thatjust 2 legend, so it's we can 1 can read it off if you 3 referring to another you have 1 attached and this 3 want. 4 is 2? 4 No. that's ?ne, the legend?s there. 5 A Figure is the study area map and 5 Can you proximate for us the location of 4860 6 Figure 2 is the preliminary geologic hazards map in 6 Broadmoor Bluffs Drive on Exhibit 4? 7 the pocket, so it doesn?t appear that there's another. 7 A Somewhere over in here. 8 MR- WEINER: 15 that the same? 8 Okay. 9 A Looks like the same thing. As I recall. 9 A Now, this as i understand, this it) We got a copy. here's part of that also. 10 particular topographic base map is from aerial 11 MR. CARLSON: This is not the whole 1 Tinthe late '60s, I believe. At the 12 thing. 12 time that this particular mapping, 1 was 13 MR. PAUL: What's that? 13 doing ?elds-?ital? dig-niaaneeteand construction was under 14 MR. CARLSON: This is half of it. l4 way along the east side of Farthing Drive on the east 15 MR. PAUL: And here's the other half. 15 part of the parcel, and Broadmoor Bluffs Drive was 16 A This is my personal copy of that same 16 being graded at the time that was performing this 17 report. 17 study. They were develOping the ground at the time. 18 (By Mr. Paul) Okay. That indicates 18 And rather than use a tOpographic map 19 Figure 2 of 2? 19 that depicted man?made or produced conditions. I chose 20 A If it's the same map. it's the same 20 to use essentially the natural topography to depict 21 map. There wouldn?t be another map. Figure 1 would 21 the geologic hazards. This one also has more detail 22 be the site location study area map 22 than the city~produced topographic map, including 23 Okay. 23 vegetation. 24 A -- in the report, so it?s the same map. 24 I?m going to hand you a black pen. if 25 After your deposition. we'll have copies 25 you wouldjust make a small in the approximate area 1.0 (Pages 34 to 37) Bruno Reporting Company 303 831~1667 Page 38 Page 40 where you believe Filing 7 of Broadmoor Gien South is A Yes, i personaily hand~delivered copies. 2 iocated, specifically, if you can, and again, 4860'? 2 Do you know who at the Gates Land 3 MR. Filing 7 or 4360?? 3 Company you handed the reports to? 4 MR. PAUL: 4861}, my understanding from 4 A No, I don't. As I recall, when I went 5 his testimony, is that 4860 Broadmoor Bluffs Drive is 5 to when I delivered the reports at Gates Land 6 iocated in Filing 7. 6 Company, Bob that is Spelled 7 MR. But we don't have the exact 7 -- Bob? S'yenjkouskyl-was not in 8 dimensions ofFiling 8 his of?ce, and I Was directed to put it on his desk 9 MR. PAUL: No, this is just an 9 or with a -- in the corner with a bunch of other maps 10 approximation. 10 that he had. 11 MR. WEINER: Right. 1 1 And, as i recall, Biil Hoffmann got a 12 A (The deponent complies) That's an 12 telephone caii about a month later from 13 approximation, folks. 13 the phone cail was directed to me 14 (By Mr. Paui) Okay. 14 that he couldn?t he was wondering where his report 15 A And 1 relied on a Kumar and Associates 15 was, he hadn?t seen it. And 1 directed him to the 16 map. 16 part of his of?ce where I had put the report. His 17 To assist you in determining where to 17 of?ce was, say, not in the best of order. 18 place the on Exhibit 18 Okay. And your report dated April 22nd, 19 A Correct. 19 1996, included investigation or the area also known as 20 And this is a Kumar Associates report 20 Broadrnoor Gien South, Filing 7? 21 dated 17, 1996, aiso prepared for Gates Land 21 A Yes. 22 Company. And in this report, i believe you 23 Is that a report that you brought along 23 indicate there?s some landslide hazards, slope 24 with you, sir? 24 stability issues, ground subsidence issues, expansive 25 A Yes. i 25 soils and bedrock, seismicity, radioactivity, erosion, 5 Page 39 Page 4i 1 What was the purpose that you prepared 1 ?ooding and then groundwater and seepage; is that 2 refer you back to Exhibit 3, which is your report 2 correct? 3 dated April 22, 1996 for the Gates Land Company. 3 A Correct. 4 A Do you have the project ?le? Purpose 4 Okay. And then on Page 5, in 5 is outlined on the project set?up sheet. 5 Development Considerations, you indicated, "It should 6 And it indicates, "Wants interpretation 6 be emphasized that some risk is associated with 7 of hazards on map." Is that, "No mitigation or formal 7 development and subsequent construction on landslide 8 report"? 8 features and potentially unstable slopes.? 9 A As 1 read it, work description, "Wants 9 A What page are you on? 10 our interpretation of hazards on map. No mitigation 10 Page 5. 11 or formal report, just map with short letter." And 11 A Yes. 12 this order was taken by WCH, which is Bill Hoffmann. 12 And why was that a concern of yours, 13 And as a result of that work 13 sir? l4 description, you produced the report dated April 22nd, 14 A Because landslides consist of groond 15 1996?? 15 that has failed in the past, and potentially unstable 16 A Yes, i produced a report, even though it 16 slopes consists of basicaiiy landslides waiting to i 17 was not requested. 17 happen. There's a risk associated with development 18 if you look on or look at Exhibit 3 on 18 and building in these areas. The risk can range from 19 Page 7, there?s a signature tine for yourself, and 19 low, depends on several factors, to very high. 20 then there's also a signature line for Mr. Hoffmann. 20 And where would you place this between 21 Do you know if either you or he signed the original of 21 low to very high with regard to landslide? 22 this report? r- - 22 MR. WEINER: I'm going to object to the 23 A As 1 recall, we did. 23 form of the question. 24 Do you know if this report was ever 24 A i haven?t analyzed it in that much 25 given to the Gates Land Company? 25 detail. 11 (Pages 38 to 41) Bruno Reporting Company 303 83111667 Page 42 Page 1 (By Mr. Paul) What did you do to engineers working for can access with 2 produce this reportregards to their work in a similar area such as 3 development and inapect the land that was out there? 3 Broadmoor Glen South? 4 A I did some amount of research of 4 A Correct, if they do their homework. 5 previous geologic studies in the area. As i recall, 5 (Deposition-E'- - it 6 we requested air photos and test borings from Gates 6 7 Land Company and did not receive or we didn't 7 (By Mr. aul) Mr. Himmelreich, For 8 obtain any information ?om Gates regarding previous 8 going to hand you what's been marked for 9 test borings. 9 identi?cation purposes 10 1 did a photogeologic anal sis on the 10 a 11 project. As i recall, I called US 11 Essigmann, with regards to the address, 4860 Broadmoor i2 Home in DenVer to get his pe 12 Bluffs Drive, Lot 7, Broadmooi Glen South, Filing 7, 13 Exhibit Number 2, because it enters much of the same 13 which we've been talking about. Why don't you take a 14 area, so i got permission from a previous client to 14 minute or two and review this report, and I?m going to 15 utilize that information for the Gates Land Company 15 ask you a few questions. 16 study. So I utiliZed this previous mapping the __I_had 16 A Okay. l7 done the year before and did a neldrecagar- belated 17 With regard to Exhibit 5, the December 18 mapping in the ?eld, site visit. 18 9th, 1997 report, from your review, is there any i9 So the same concerns that you had when 19 reference to your report that you prepared on April 20 you prepared the Exhibit 2. for US Home you had the 20 22nd, 1996? 21 same concerns when you produced your April 22nd, 1996 21 MR. Before you answer that, let 22 report fer-Gates Land Company with regard to the 22 me ask Steve a question. Is that in reference to his 23 "possibility of landslides in this area? 23 opinions about the house at 4860 Broadmoor Bluffs 24 A Yes. 24 Drive? 25 On Page 6 of your report dated April 22, 25 MR. PAUL: About the distress of the .a Page 43 Page 45 1996, the first sentence indicates, detailed 1 house. I'm not asking about the house. 2 subsurface investigation and stability analysis should 2 MR. WEINER: Okay. So just trying to 3 be performed to define subsurface conditions, 3 talk about eliciting the distinction between the 4 geometry, the mass movement features and potential 4 distress on the house and the fact that report 5 mitigation which might be feasible." 5 does or doesn?t reference his previous report. 6 Do you know if CTL/Thompson ever 6 MR. PAUL: Well, that gets into the 7 performed any of those subsurface investigations 7 whole issue of disclosure. It doesn't have anything 8 either before your report of April 22nd of 1996 or 8 to do with the distress of the house and its current 9 after? 9 state. 10 A CTL/Thompson did perform some subsurface 10 MR. WEINER: Okay. 1 1 investigations in the east portion of the Broadmoor 11 MR. PAUL: l'm not asking any questions i2 Glen Development in about, Put guessing, late ?95, 12 about that, as to whether or not he?s formed an 13 very close to the time that Exhibit 2 was produced. 1 13 opinion'as to what's 14 would not caii them detailed. i'd call them standard 14 MR. WEINER: Okay. 15 subsurface soil investigation. I'm not aware of any 15 A Can you repeat the question, please. 16 detailed subsurface investigation or stability 16 (By Mr. Paul) Sure. With regard to 17 analysis that was performed in the Broadmoor Glen 17 Exhibit 5, which is Marty Essigmann's reported dated 18 Development by CTL/Thompson at the time I worked 18 December 9, 1997, from your review, does his report 19 there. 19 contain any reference to your report which was dated 20 Now, this report that you prepared, .21} April 22nd, 1996, which is Exhibit Number 3? 2.1 which is Exhibit 3, I believe, dated April 22, 1996, 21 MR. WEINER: I guess I'll just object to 22 this is a report that?s prepared and kept by 22 the form of the question. 23 CTL/Thompson in their files? 23 A No, it does not. 24 A Yes. 24 (By Mr. Paul) is there any mention in 25 This would be information that other 25 Marty Essigmann?s report, in Exhibit 5, dated December 12 (Pages 42 to 45) Bruno Reporting Company 303 831w1667 Page 46 Page 48 1 9, 1997 with regard to the Chen, and Broadrnoor Glen area, 2 Associates report, which is 2 Bluffs Drive. The 1994 study by tington, August 3 A No. 3 22nd, is a geologic hazard study, does show landslides m" 4 Again, in Exhibit 5, the December 9th, 4 in the Broadmoor Glen Subdivision. 5 1997 5 Do you -- go ahead? 1 6 A Cani add a footnote to that last 6 A [And the Scott: 1973 7 answer? 7 a, regional geologic maps that show landslides 8 Yes. 8 in the area. 9 A The only reference to previous reports 9 Do you currently know if there's any 10 contained in this Exhibit 5, other than 10 monitoring or measurement going on with regard to 11 governmental~produced reports, US Geological Survey, 11 landslide or movement in this area we've been 12 for example, is the Kurnar report, which does have 12 referring to as Broadmoor Glen South, Filing Number 7? 13 additional references in them. 13 A Not in Filing 7. Yes, pardon me,1'm 14 And do you know if those additional 14 going to correct myself. There's monitoring currently 15 references in the Kumar report contain any references 15 going on, I believe, in Broadmoor Bluffs Drive. The 16 to your report which was dated April 22nd, 1996? 16 City of Colorado Springs is contracting for those 17 A it does not. 17 services. 18 And what additional references does the 18 The area of Broadmoor Bluffs Drive where 19 Kumar report have that you're referring to? 19 the City is monitoring, do you know if that strip of 20 A On Page 27 of the April 17th, 1996 Kurnar 20 the road has been acquired by the City or is that 21 report1 witmhas a preliminary geotechnical engineering 21 still property of the Gates Land Company? 22 study for Broadmoor Bluffs Drive by Huntington 22 A As I understand, the City has never 23 Engineering, an environmental May 12, 1994, an 23 accepted Broadmoor Bluffs Drive for maintenance, 24 inclinometer survey and supplemental recommendations. 24 because of problems related to damage of the roadway. 25 Geological by Huntington, October 24, 25 And when you say they?ve never accepted Page 47 Page 49 1994, refers to What are commonly called in the area 1 it7 are you talking about all ofBroadmoor Bluffs 2 of the Robinson maps produced in 1977 as part of House 2 Drive or from the stop Sign at the corner of Farthing 3 Bill 1041 mapping for El Paso County. it refers to a 3 and Broadmoor Bluffs just up to where it hits Neal 4 report by Huntington Geologic Hazard Study, Broadmo 4 Ranch? 5 Glen Development 1994, August Sco 5 A Well, not quite to Neal Ranch Road, but 6 (phonetic) 1973 and USGS tinsel-sass.- 6 where it terminated at the top of the hill just beyond 7 And what signi?cance, ifZiy, are those 7 Filing 7 or at the edge of Filing 7 area to Farthing 8 reports that youjust referred to? 8 Drive. l'm not sure they've accepted any of that 9 A Those are previously produced, some 9 stretch. It may be only the stretch that they?ve had 10 published, some consulted-produced reports that 10 problems with that they haven?t accepted, that?s a 1} provide surface, subsurface data and geologic mapping 1 1 question, however, for the City. 12 for the Broadrnoor Glen area. 12 Now, it?s my understanding that you had 13 Do you know if any of those reports, 13 an opportunity to review and we have it with us 14 based upon your review of them, indicates that this 14 here in a box the CTL/Thornpson ?le that was 15 area we?ve been talking about, Broadmoor Glen South, 15 produced to us pursuant to a subpoena duces tecum, and 16 Filing Number 7 is a landslide area? 16 that after your review you determined that there was 17 A October 24th, 1994 letter by Huntington 17 some documents that may have been missing, or is that 18 is an inclinometer survey and supplemental 18 incorrect? 19 recommendations geologic hazard study. So 19 A There were some files that 1 had some 20 inclinometer survey was apparently conducted to 20 questions on. 21 monitor the movement ofwhat?s called the Cheyenne 21 All right You presented me withjoh 22 Mountain landslide that lies to the north of Broadmoor 22 tile for CTL/Thompson (IS-9673. and this is a soils and 23 Bluffs Drive. 23 foundation investigation for 920 Broadrnoor Bluffs 24 The 1977 Robinson maps show geologic 24 Drive? 25 conditions and potentially unstable slopes in the 25 A There's a phone message attached to this 13 (Pages 46 to 49) Bruno Reporting Company 303 831?1667 we retaliating: Page 50 page 52 particular project set?up sheet that covers up some i which 1 think is very important. That is a project 2 writing, and i think this would be constructive to 2 called Physicians' Network. 3 have a clean full cepy of that project set?up sheet. 3 Why is thatjob ?le important? 4 I have seen a project set?up sheet for Broadm pr 4 A Physicians? Network is located at the 5 Bluffs Drive where the remarks were, Kumar 5 intersection of Farthing and Broadmoor Bluffs. Drive, 6 for hazards? 6 and that project was completed by myseif, reviewed 7 MR. WEINER: You?re just sa ing that 7 Mr. Hoffmann in June or July of 1997. in?that report, 8 that's - the Xerox is covering up some writing? 8 draft geologic hazards investigation, it cites several 9 A Yeah, the word "hazards" appears and 9 references in the references section, and those i 10 therefs additional writing that's been covered up. 10 references are key to discovering what CTL/Thornpson 11 (By Mr. Paul) Is there anything else 11 had possession of at the time relative to studies. 12 with regard to this project file or is that the only 12 Would that be information with regard to 13 thing? 13 the possibility of landslide and slope instability 14 A No, that was the only thing that I is? within the Broadrnoor Glen South Development, 15 noticed. 15 speci?cally Filing 7? 16 Was there anything that you noticed in 16 A Yes, because both Exhibit 3 and Exhibit 17 your review of the CTL/Thompson ?le? 17 2 are referenced in that report. It's CTL/Thompson 18 For the record, you?ve pulled out 18 Job Number (IS-7792. 19 CTL/Thotnpson Job File Number 1, and this is 19 CS 20 with regard to a house located at 445 Cardiff Circle. 20 A 7792. 2] What was your concern with regard to this ?le, sir? 21 And you have a copy of that report, or Awm?As i recall, the report produced for 22 it says it?s a draft? 23 this, it indicates on Page 2, "We are unaware of any 23 A It's a draft. As I recall, i never 24 geologic hazards investigations Speci?cally for this 24 signed this report. The Physicians' Network decided 25 subdivision which is Broadmoor Bluffs Estates, 25 not to buy the property, and the report was never Page 51 Page 53 i and the 1987' Chen report covers geologic hazards in finalized, as far as i recall. 2 Broadmoor Bluffs Estates, so ?u and CTL/Thornpson did 2 Can we make a copy of that and make that 3 have a copy of the Chen report in late '97, so i 3 an exhibit to this deposition? 4 believe that statement is incorrect. 4 A Yes. And these are other documents 5 Anythin rd to thisjob 5 associated with that same file. 6 6 So all of these are for Physicians' 7 A It says on Page 2, last paragraph, it 7 Network? says, "While a detailed slope sta_bility__an 8 A Correct. And i can walk through them or 9 that site was 9 not. it) that the site should remain relatively stable provided 10 Why don?t you go ahead and tell us what the soils do not experience deep i1 you have, and then we?ll make copies of them and l2 shallow groundwater table developmenthn-d included 12 attach them as exhibits, 13 A June 20th, 997 is a letter written by 4' 14 me to Bob-"Stenjlt' copies of landslide 15 investigations landslide monitoring results that 16 discovered existed, afteri had written the April stability aria ysis.? 17 22nd, 1996 report. is Anything else with regard to this job 18 What significance is that with regard to 19 tile, sir? 19 the development we have been talking about here today? 20 A Not that 1 recall. I didn't review it 20 A As i recall, in 1996, we requested 21 in any detail. 21 previous studies and were not provided with them, 22 Was there any other ?les that you 22 okay? Through research in or about June of ?97, 1 23 reviewed from CTL/?Thompson that you had any concern or 23 discovered there were, in fact, previous reports that 24 there was something that you noticed? 24 had been completed for Gates Land Company in the 25 A There was a file that was not produced, 25 Broadmoor Glen area and in the Broadmoor Bluffs 14 (Pages 50 to 53) Bruno Reporting Company 303 831-1667 Page 54 Page 56 1 Estates area, and I requested copies of those as part 1 Okay. 2 of this parcel. 2 A Some landslides that I?ve mapped or did 3 So you didn't have copies of those 3 map in 1996 were possible, they had some of the 4 reports, you just requested them from Gates? 4 characteristics of iandslides, yet didn't pose the 5 A Correct. 5 shapes and forms that are classic, okay, so I mapped 6 Did you ever receive those reports from 6 them either as questionable or possible, and there?s a 7 Gates? 7 range, so, con?rmed the de?nite landslides were 8 A Yes. 8 definite landslides. 9 And what signi?cance did those reports 9 And that was based upon the information 10 have with regard to your April 22nd, 1996 report? 10 that you just walked us through? ll A Many of the landslides that had been it A It was based on the information that was 12 mapped in 1987 in the Chen report, he also mapped the 12 gathered during the Physicians? Network project and 13 same area as landslides and including the area 13 the previous studies that were provided previous to 14 adjacent to Broadmoor Bluffs Drive. So our maps 14 the Physicians? Network requests and research. I had 15 coincided in many cases relatively well, independent 15 never been provided with previous studies and had 16 con?rmation. 16 asked previously back to 1990, 1989, 1990, we were 17 I'm a scientist. I build on previous 17 looking for previous studies and had never been 18 information, if i'm provided with that information. I 18 provided them. 19 don?t necessarily take it as gospel, and iike to 19 is there any other documents that you 20 have as much information as possible in order to make 20 brought with you here today? 2 21 an indepepdent evaluation. That confirmed my mapping 2i A Geoiogic hazard review by the Colorado 22 that 1 had done in '95 and '96 of the landslide 2.2 Geological Survey sent from John Maynard at NES 9' 23 deposits. 23 Planning to Bill Hoffmann regarding the review of the 24 What's the next document that you have? 24 Kumar, 1996 Kumar report by the geological survey. 25 A Next document is July 15th, 1997 summary 25 And what significance is this document, Page 55 Page 57 of preliminary ?ndings for the Farthing and Broadmoor 1 sir? Bluffs site for Physicians' Network, including an 2 A This particular document, which was environmental site assessments findings. The next one 3 the fax date is June 14th, 1996, is when I ?rst is a July 3 lst, 1999 geologic hazards investigation 4 discovered that, as Irecall, that there were in fact draft for the Physicians' Network site. Next one is 5 other reports for the Broadmoor Glen area and that October 20th review by the Colorado Geological Survey 6 Kumar had produced one at about the same time i of the Physicians' Network site, their report, and the 7 produced my April 22nd, 1996 report, and the Gates October 2 lst, 3997 letter by Bill Hoffmann regarding 8 Land Company had submitted the Kumar report instead of . subsurface invostigation for that same site. 9 the report that I produced. 10 And these reports that you just walked 10 Did the Kumar report indicate whether or 11 us through, did they con?rm your concerns with regard 11 not there was landslides or possibilities of 12 to the landslide issues that you observed and you 12 landslides in the Broadrnoor South area? 13 determined with regard to Broadmoor Glen South, Filing 13 A Yes, the comparison of the Kumar mapping 14 7? 14 and the mapping that 1 produced in 1995 and '96, in 15 MR. MINER: Object to form. 15 many cases, again, were very similar. 1 mapped more 16 A The Physicians? Network site reports and 16 areas as landslides than Kumar did, but they show 17? the information provided by Gates Land Company 17 quite a bit of the Broadmoor Glen area as landslide 18 confirmed much of the mapping that i had done in that 18 deposits. 19 region. 19 And in this letter that you said was 20 (By Mr. Paul) Which indicated to you 20 faxed in June of 1996, was it critical of development 21 that there was the possibility of landslides within 21 in this area? 22 this area? A it was and it wasn?t. The -- 1 disagree 23 A No, it indicated independent 23 with the Colorado Geological Survey in their 24 confirmation there were landslides, not the 24 assessment of the Kumar accuracy and Kumar report. 1 25 possibility of landsiides. 25 have a very good relationship with the Coiorado i it a: If, ?x 15 (Pages 54 to 57?) Bruno Reporting Company 303 831?1667 settle Page 53 Page so 1 Geological Survey, but we agree on some things. And 1 here today. 2 they state in here that, quote, "They have done an 2 A Well, and this is the Cheyenne Mountain 3 admirable job in the correct identi?cation of the 3 landslide investigation by Chen, dated Euly 31, 1987. 4 geologic hazards of the complete 4 Do you folks know, do you have a copy of that or not? 5 agreement with their Figure 11 evelopment constraints 5 I don?t know. 6 map." 6 MR. WEINER: It's in the documents that 7 I disagree. 1 think that Kumar did a 7 you produced. -- 8 better job than had been done in the past in many 8 MR. PAUL: Is it? 9 cases, but I believe they missed a lot of landslides 9 MR. WEINER: I believe in the notebooks 10 that proven to be landslides in the 10 that Dave Geislinger has, probably in his of?ce. 11 Broadmoor Glen area. One of the critical aspects of 11 A This is the Kama: report, 1996. 12 this letter from the geological survey that, quote, 12 MR. CARLSON: We have that. Anything 13 "Our recommendations is that no home footprint be 13 that's public record that he gave Paul Bryant, you l4 placed within a mapped landslide area. The dove-leper 14 should have. 15 needs to consider carefully whether to build within 1:3 MR. PAUL: Right, I'm just trying to 16 the mapped development constraints area." 16 move it along. 17 And the other sentence that says, "The 17 MR. WEINER: Let's go off the record for 18 City of Colorado Springs should not allow any 18 a second. 19 infrastructure such as roads, gutters and sidewalk. in 19 (There was a discussion held off the 20 this development to be dedicated to the City for a 20 record) 21 suitably suf?cient period of time to ensure that 21 MR. PAUL: Let?s go back on the record 22 damage-byeheave, swelling soils or earth movement will 22 in the deposition of John Himmelreich. 23 not occur. The survoy believes the 18 months stated 23 We have just gone through the stack of i. 24 in the general notes is not adequate time without 24 documents that Mr. Himmelreich brought with him today 25 guarantees from the developer." So they were critical 25 and determined which ones we wanted to make copies of, Page 59 Page 61 in some aspects, but provided some glowing remarks in and pursuant to agreement of counsel, I will take 2 other aspects. 2 those document into my possession, make copies for 3 The documents that you have with you 3 each attorney, make copies and send them back to 4 here today, Mr. Himmelreich, have you produced those 4 Mr. Himmelreich. And with that, I have no further .5 documents to anybody in this litigation? 5 questions. 6 A I may have, I don't recall. 1 met with 6 MR. WEINER: I was l?d like copies of 7 Brian Hildebrandt and provided him with considerable 7 the CTL documents and just the opportunity to look at 8 information that have that are available in the 8 the box. 9 public record, okay? Nothing i provided to Brian 9 MR. PAUL: You can always come over. 10 Hildebrandt, I believe, came out of my proprietary 10 MR. WEINER: Okay. That's fine. 11 ?ies, okay, or is con?dential. This is not ll MR. PAUL: Other than that, I have no 12 contained in the public record, okay? 12 further questions of you at this time. Thank you, 13 I've also provided Paul Bryant with-21.13231; Trig, 13 Mr. Himmelreich. 14 Colorado Engineering with a significant amount of i4 EXAMINATION 1 15 information, again, out of the public file. 15 BY MR. CARLSON: 16 The documents that you have sitting on 16 My name is Bob Carlson. i'li introduce 17 your tap, do you know if those havo been produced to 17 myself for the record. I represent Paul Bryant in 18 anybody in this case, Paul Bryant or 18 this matter. 19 A Some of them probably have. i can?t 19 Why did you leave CTL/Thompson when you 20 remember What I've given him. I*ve given him quite a 20 did? 21 bit. 21 A There were several reasons. Number one, 22 And l'm just trying to figure out if 22 CTL/Thompson had a phiIOSOphy, policy, if you will, in 23 you?ve produced those records and they're already in 23 regards to geologic hazard mitigation recommendations 24 possession of the parties, perhaps we can dispense of 24 that were, Ithought, somewhat lenient; and most all 25 going through with everything that you have brought 25 of the studies thatl had done and submitted to the 16(Pages 58 to 61) Bruno Reporting Company 303 831?1667 Page 52 Page 64 City regarding landslides, . 1 language states, "if the owner desires an evaluation 2 avoidance as the mitigation, and my experience was 2 of relative risk involved with construction on this 3 that they?re just best left alone. Rather than trying 3 site "If the owner desires an evaluation of 4 to analyze them and engineer the mitigation, I believe 4 relative risks, he should conduct a detailed 5 the best way was to avoid themevaluation. Do you see where I am? 6 con?ict in phiIOSOphy and their policy. 6 A I see where you?re at. 7 i ended up signing very, very few 7 Do you see a difference in that 8 reports in Colorado Springs after the geologic hazards 8 language? 9 ordinance was enacted west of L25. Those that I did 9 A Yes, 1 do. 10 Sign were preliminary. I signed maybe one ?nal 10 Do you think the language in the ll geologic report west of L25, as I recall. 1 refused 11 December 9, 1997 report has been softened from the 12 to sign reports. 12 language you used in your report? 13 Number two, CTL/Thompson, for example, 13 A I'm not sure "softened" is the term i 14 in Cedar Heights, I wrote a geologic hazard study for ill would use. 15 what was called the Outback at Cedar Heights. 1 15 What's the term you would use? 16 provided some recommendations in that report, and the 16 A Misleading. 17 report went to, as I recall, Marty Essigmarin and Bill 17 And why do you believe -- do you believe 18 Hoffmann for review. They took out some of the 18 the language in the December 9 report is misleading? l9 critical recommendations that 1 had put in that 19 A Yes. 20 report. They took my name off it and submitted it to 20 Why do you say it's misleading? 21 the City, W, 21 A Because the map associated with the 22 I had/discovered that some of the 22 April 22nd, 1996 report provides speci?c 23 informatio in the reports that were being produced by 23 recommendations, including on the map, quote, 24 pson, and that i had previously produced in 24 "Extensive geologic and geotechnical investigations 25 CGI were not disclosed to elients. 25 and detailed slope are Page 63 Page 65 i The hazards were not being disclosed adequately. And 1 recommended prior to development.? it's a very clear 2 i also discovered that hazards were not being 2 recommendation, not "should," okay. The map legend is 3 disclosed, or reports, disclosed by CTL/Thompson. And 3 stronger than the text, okay. 4 1 also discovered that our clients weren?t disclosing 4 The 1997 report by GIL/Thompson does not 5 to me or CTL/Thompson for review, including the Chen 5 follow the recommendations in the 1996 report, number 6 report and the Cheyenne Mountain landslide report done 6 one, and number two, it doesn't disclose that there's 7 in l987. It was time for me to move on. 7 a mapped hazard in the area, period. 8 So you quit? 8 Now, could that mapped hazard have been 9 A i quit. 9 disclosed without the permission of the client? 10 Okay. it) A Sure. That's a professional's A Provided notice. ll responsibility, to disclose the hazard and the risk. 12 Exhibit 3, guess it is, is the 12 Even if the client wants to keep it 13 Preliminary Geologic Hazards Report. The language 13 under wraps, if you will, you don't believe as 14 contained within that report with regard to 14 engineer can do that or a professional can do that? 15 investigating slope stability states that -- l'm on IS A Not ethically. I think it's the 16 Page 3, and I'll paraphrase. It's in the ?rst full 16 professional duty to disclose the hazard, period. And 17 paragraph under Slope Stability, at the bottom of that l7 I don't believe it puts a professional at risk to 18 paragraph, that if there?s development planned on the l8 disclose a hazard that was discovered through another 19 steeper slopes, that this development should be 19 study. 20 preceded by a detaiied subsurface investigation. 20 Was the preliminary hazard report, the 2l Agreed? 21 Exhibit 3, the report dated April 22, 1996, ever 22 A And analysis. 22 withdrawn by 23 And analysis. And in the subsequent 23 A What do you mean by withdrawn? 24 CTL/Thompson report, which is dated December 9, i997, 24 Was it ever requested to be withdrawn by 25 the one for this lot in particular, on Page 2, that 25 I the client? Bruno Reporting Company 17(Pages 62 to 65) 303 33l?l667 as: Page 66 a Page 6.8 Gil/Thompson that the recommendations contained within Ln 1 A Not that I'm aware of. geologic hazard assessments for his ?rm. l've gotten 2 So it was given to the client? 2 work from Brian Hildebrandt. I have done work for 3 A Correct. 3 other geotechnical engineering ?rms in town who do 4 Client had it, client chose to 4 not have the geologic expertise; engineers, 3 commission another report, the Kumar report, and use 5 developers, builders, homeowners. I do have some 6 that one? 6 attorney clients, and I have worked for under 7 A The Kumar report, i believe, was 7 attorney/client privilege on some projects. 8 commissioned prior to the CTL report, but they were 8 Let me ask you this question, you said 9 both being both the studies on the same piece of 9 -- Mr. Paul asked you at the very outset how many 10 ground were being conducted simultaneously, and they 10 times you?ve been deposed. You said you hadn't been 11 were produced within a week or two or three of each 11 deposed before, today was the ?rst time; is that 12 other. 12 right? 13 And I discovered that somebody else had 13 A That's correct. 14 very recently been drilling holes out at the Broadmoor 14 Have you ever been designated as a 15 Glen subdivision. I asked for that information, but 15 testifying expert in any case in Colorado? 16 was refused. I was mapping and doing the ?eld 16 A Yesbunch of test boongs, 17 Okay. Are you presently have you i 18 =1test =2b'6rings had been drilled. They chose to 18 ever testi?ed in a courtroom or in an arbitration? 19 su mit the Kumar report. 19 A Yes. 20 Were you ever criticized by anyone at 20 And are you presently engaged to work as 21 (TIL/Thompson for generating Exhibit 3 since it was not 21 a testifying expert in any case in Colorado? :7 .22 requested-by-the client? 22 A No. 23 A No, not that I recall. 23 Let me ask you what cases you?ve offered 4 Were you ever told by anyone at 24 testifying let me make a distinction. There?s a distinction in the law between consulting experts, Page 67 Page 69 1 Exhibit 3 or the mapping you did was just wrong? 1 somebody who consults and is not disclosed to testify 2 A No. 2 in a court proceeding or an arbitration, and a 3 MR. CARLSON: i think that's all I have. 3 testifying expert. Let me just limit my because 4 Thanks. 4 you said before that you were hired by attorneys and EXAMINATION 5 these attorneys -- and we can get that, we don?t need 6 BY MR. WEINER: 6 to do that now. 3 7 Mr. Himmelreich, my name is Murray 7 My main question is starting with this, 3 Weiner. 1 represent Dennis and Sherry Cripps, the 8 what cases have you testi?ed as an expert witness, 9 homeowners here. Let me just ask you a few basic 9 offered testimony? 10 questions. 10 A The ?rst case was, as I recall, 1993 11 You're self-employed, but what kind of 11 Okay. 12 work were you doing what do you do for a living? 12 A thereabouts, Powers Boulevard 13 A I do geologic hazard assessments, 13 Associates, Limited versus T?Gap Land?ll, inc. 14 engineering geology and environmental site 14 Who engaged you and what role did you 15 assessments. 15 play in that case? 16 And 16 A was engaged by Powers Boulevard 17 A I also consult for neighborhood l7 Associates, Limited, The attorney for Powers "i 18 organizations and provide geologic input in consulting 18 Boulevard was Jim Merrill, who is now Merrill, 19 for them. 19 Anderson, King and Harris. 20 Who are your typical clients? 1 don?t 20 Right. 21 mean the names of them, but who is typically hiring 21 A 1 testi?ed as an expert in 22 you to do the kind of work that you just described? 22 environmental geology, photogcoiogy and hydrogeology 23 A I?ve been doing geologic hazards and .3 in federal court. 24 environmental studies for land trusts, for developers, 24 Who were you working for? 2:3 for builders. 1 am often hired by Paul Bryant to do 25 A Powers, Thompson and 18 (Pages 66 to 69} Bruno Reporting Company 303 83 1?1667 Page 70 Page 72 I No, no. i produce some very excellent engineering work. Heworking for? 2 extremely capable engineer. But I'm not really clear 3 GTE/Thompson. 3 anymore of his ethics. 4 All right. What other instances have 4 Of his what? 5 there been where you ever hired to provide expert 5 A Ethics. 6 testimony and either the case went to trial and you 6 Okay. And what causes you to say that, 7 testi?ed at trial and arbitration or it didn't, but 7 what?s the basis of that statement? 8 either way you were the expert witness? 8 A Because in the last year or so that I 9 A The next one I provided an expert 9 was at OIL/Thompson I discovered that there was 10 opinion in the Garrison versus Gates Land Company for IO nondisclosure of known information, and I wasn?t sure 11 Winston and Winston, Ken Garrison. That was in, I ll at the time who was not disclosing it. I discovered 12 believe, March of ?98. 12 it was both Bill Hof?nann and Marty Essigmann, and the 13 And did that case actually go to trial? 13 clients in some cases. 14 A No, that settled prior to trial. 14 is your opinion of Mr. Hoffmann?s work 15 Okay. All right. And this is a house 15 the same as it is of Mr. Essigmann's work? 16 on Regency Drive, approximately? l6 A I think that overall Marty?s a better 17 A Correct. That's the infamous Regency l7 engineer in terms of that, his experience is broader. l8 Drive Landslide. 18 I don't agree with either of their ethics. 19 And that was 1998? 19 Havo you written any papers, letters, 20 A It was 1998. I did not testify. 20 reports or anything relating to Cheyenne Mountain and 21 in QMWere you still at CTL at the time you 21 whether or not people should be building up there or 22 were engaged? 22 how they should be building up there or anything like 23 A No. 23 that that expresses your views relating to the 24 Okay. What other cases have you been 24 development of the land on Cheyenne Mountain, along 25 engaged in? I 25 Cheyenne Mountain? Page 71 Page 73 A Weisner versus McCoy. I A Yes, I've written several. 2 Okay. What?s that case? 2 What have you written, other than 3 A That is a case out in Black Forest on 3 reports for clients like we've talked about today 4 the m- it was a well issue and a septic system 4 Where you wrote a preliminary report for Gates Land 5 failure. 5 Company. They didn't ask forit, but you gave them a 6 Did that case involve Paul Bryant? 6 report. Are there any articles or anything like that 7 A No. 7 that you?ve written? t. 8 Okay. What other cases have you 8 A I?ve been quoted in the newspaper 9 testi?ed or have been hired as an expert to testify 9 dozens, two dozen times since for the last couple IO in? 10 years or so on my position relative to risks in the ll A None that I recall. I Cheyenne Mountain area. I have written a letter and a 12 Are there any other matters -- I'm going 12 basicaliy a position and opinion relative to 13 to use this term broadly, just looking at Cheyenne 13 building in some of these areas in tm 14 Mountain, that general vicinity in Colorado Springs, MYEthere.) l5 have you been engaged by any attorneys to offer expert 15 WQ This letter or opinion you just 16 testimony or advice with respect to any structures 16 mentioned would that he found. l7 that have problems on Cheyenne Mountain that you A g2: Mesa Springs, Filing Numbe 18 haven't disclosed in mentioning these? 18 packet, I ieveNot that i recall. l9 few weeks ago regarding the hillside overlay area. 20 Okay. What is your relationship with 20 Who was that written to, that letter or 21 Marty Essigmann? 21 article? 22 A Former partner, former colleague. 22 A To Whom It May Concern. 23 Okay. Whats your opinion, if any, of 23 Okay. Any other articles or papers or 24 the quality of his work? 24 anything else you delivered or presented or written 25 A Depends on the work. i have seen Marty 25 that relate to construction of residence or whether Bruno Reporting Company l9 {Pages 70 to 73 303 83l~l667 ?$215. Page 74 Page ?6 you should or you shouldn't build on the east face of 1 Okay. How many times or projects have Cheyenne Mountain? 2 you worked with Paul Bryant on? A ve written numerous reports. 3 A Maybe couple dozen. All right. 4 Okay. mapped almost every subdivision 5 A That's an estimate. I Colorado Springs since 1980. 6 Have you d- earlier there was a Okay. 7 reference made to you giving documents to Paul Bryant A So hundreds of letters and reports. 8 relating to some of the materials we've seen today? But all those reports are for speci?c 9 A Yes. 10 those are essentially site-specific reports; is 10 The Chen study, Kumar, the preliminary 11 that fair? in other words, as opposed to some sort of 11 hazard study, 1 think it's Exhibit 3. i2 article laying out your philosophy or your general 12 MR. CARLSON: This was not given. 13 views; is that fair? 13 MR. WEINER: Okay. 14 A Yes. 14 THE WITNESS: Exhibit 3 was not given to 15 Okay. 15 him. 16 A The latest report and its study is one 16 MR. CARLSON: He only gave him public 17 that I co?authored, which is the Cheyenne Mountain 17 information. 18 Quadrangle. It is being published by the Colorado 18 A That?s right. 19 Geological Survey. That?s one was one of four 19 MR. WEINER: Let me back up then. 20 authors on that study. Cheyenne Mountain Quadrangle 20 (By Mr. Weiner) How did it come about 21 is the quadrangle just adjacent, so that study 21 that you gave Mr. Bryant certain information? Tell me 22 includeaalot of the information that we had gathered 22 what happened. 23 from this whole area. 23 A Well, 1 have been watching this 24 Now, have you ever been a party to a 24 particular stretch of Broadrnoor Bluffs Drive for 25 lawsuit? 25 probably two years now. I ?rst noticed problems in Page 75 Page 77 f: i A Personally, no. Geotechnical 1 this area in 1999 and have just -- if I'm in the 2 Consultants, Inc. was a party in one of those two 2 neighborhood, I drive by and see what's going on. i 3 lawsuits. We were a non?party in the other one. 3 pointed this out to the Colorado Geological Survey. 4 Have you ever been sued by or threatened 4 Paul Bryant knows of my reputation and of having 5 by CTL/Thompson? 5 worked in the region a long time. 6 A I?ve not been sued by CTL/Thornpson. 6 was contacted by Brian Hildebrandt. 7 l've been threatened with a lawsuit. 7 was contacted by Paul Bryant, both wanted me to he 8 And what was the nature of that threat? 8 experts on their side, and I declined. I said I used 9 A 1 provided some information to my to 9 to work for CTL/Thornpson, they did the soils study. 10 developers relative to actions CTL/Thompson took after 19 I've worked in the past as principal for GCI, for 11 1 left. 1 1 Gates Land Company. 1 may have a con?ict, 1 said, 12 And does this relate in any way to the l2 but I've got a whole bunch of information for that 13 land on the east face of Cheyenne Mountain? 13 area that i got out of the public record that's 14 A No. l4 available in the public record, there you go. 15 Okay. Tell me about the relationship 15 So tell me speci?cally about your 16 with Paul Bryant. When did you ?rst meet Paul 16 communications with Mr. Bryant. When did you meet 17 Bryant? 17 with him? A I guess about a year, year and a half 18 A don?t know. 19 ago. 19 When did you talk to him? 20 Okay. What were the circumstances 2D A A year ago or so 21 whereby you ended up meeting Paul Bryant or getting to 21 Where were you when you met?? 22 know each other? 22 A I think he was just on the phone, I 23 A I believe he contacted me to do geologic '23 believe. 24 hazard studies in support of his soils investigations 24 Okay. Did you mail him documents ordid 25 that he was doing within the City of Colorado Springs(Pages 74 to 77:: Bruno Reporting Company 303 83 1~1667 Pagc 78 Page so documents you were giving to him? 1 Mr. Bryant as to the reasons for the failure at the A I don?t recall whetherl mailed them or 2 4860 Broadmoor Bluffs Drive property? hand?delivered them. 3 A I think I have. And just, if you could, ~iust summarize 4 What have you toid Mr. Bryant regarding generally what you gave him. i want to distinguish 5 that property? what you gave him and what you did not give him, and 6 A I didn?t think we were going to go Mr. Carlson just helped by saying that Exhibit 3 was 7 there. not given to Mr. Bryant. .If you could teli me what 8 Well, l'rn trying to ?nd out what you gave him, what you recall? 9 communications you?ve had with one of the defendants A I don?t recall. I think that -- as I 10 in this case. I guess I'm asking you indirectly, but It recall it, I gave him a copy of the 1937 Cheyenne 11 I?m trying to ?nd out what you talked about with one 12 Mountain landslide report by Chen and Associates or 12 of the patties in this case. So if youjust -- I 13 the map associated with that study, a copy of the 13 think youcan repeat what your communications were. 14 that I did for the three 14 A That would be revealing what my opinion 15 homeowners, John E?mmelreich and Associates. Possibly 15 was. 16 a copy of the Robinson maps. Probably a copy of the 16 Well, I didn?t enter into the 7 Colorado Springs Quadrangle that was published by the i7 stipulation. I recognize that you have a stipulation 18 Colorado Geological Survey. 18 with Mr. Paul, butl do want to know, since at some 19 Did you discuss in meeting with or 19 point I'll be taking Mr. Bryant?s deposition, I'd like 20 talking to Mr. Bryant, what did he tell you about 4860 20 to know what you said to him and what he said to you. 21 BroadmoorBlui?fs Drive? 21 A And I've told this to several people, I 22 A He said that he had been sued, and he 22 beiieve I told it to Paul Bryant, I mean, Imay be 23 was involved in litigation and Paul wanted me to be 23 mistaken, but I've told this to several people that i 24 his expert, as I said. So did Brian. 24 think the Broadmoor Bluffs Drive is sliding south and 25 Okay. Did Mr. Bryant ask you what your 25 my original View of the Cripps residence was that it Page 79 Page 81 1 view was about what did he tell you about the was sliding north. But I'm not sure, after looking at 2 failure of the house? 2 some of that area and after looking at some of the 3 A ldon't recall what he told me about it. 3 Kleinfeider information that they?ve developed on 4 I?ve looked at the house 4 Broadmoor Bluffs Drive. 5, Okay. 5 Let me go back now to -- i understand 6 A brie?y with Brian Hildebrandt. 6 what youjust said. Let me go back to what you and 7 Okay. Did you have any other subsequent 7 Mr. Bryant actually talked about. What do you recall 8 meetings with Mr. Bryant, other than this phone call 8 him asking you and what do you recall him telling you, 9 or meeting where you gave him these documents? 9 back and forth what was the conversation about the 10 A I?ve had some conversations on and off 10 problem at 4860 Broadmoor Bluffs Drive? And I with him for the past year, knowing that he's involved 1 i appreciate your statement right now about what your 12 in the litigation, and I've provided him information- 12 current thinking is. I'm trying to ?nd out what it 13 If I discover something that he might not have, it's 13 is that Mr. Bryant and you discussed. 14 out of public record, I've provided it to him. A i think that the what I've just said 15 When is the last time you had a 15 is mainly what we've discussed or what I've offered. 16 communication with Mr. Bryant regarding 4860 Broadmoor . l6 Paul doesn't ask many questions of me. 1 offer 17 Bluffs Drive? 17 information. l8 A i don't recall. Any time that we?ve 18 What did he say about did he say 19 discussed the project, I don't believe we?ve discussed 19 anything about the builder, for example, when he 20 speci?cs,just he's invoived in litigation. 2G discussed with you Li860 Broadmoor Bluffs Drive? 21 Have you ever reviewed the foundation 21 A No, 22 drawings for 4860 Broadmoor Bluffs Drive? 22 Did he say anything about the 23 have copies of them. I have not 23 construction techniques that were followed or not 24 reviewed them. 24 follow-ed, or practices? 25 Okay. Have you given any opinions to 25 A No, as i recall, we haven't discussed Bruno Reporting Company 303 83 1?1667 3- Page 32 Page 84 I. much of the detail of this case, and most of the i done the calculations regarding the load or anythin 2 information that?s been that?s gone back and forth, 2 like that? 3 I?ve offered. He hasn't offered much. 3 A No, I have not. 4 Okay. Was it you calling Mr. Bryant or 4 Have you looked at the foundation plans I 5 Mr. Bryant calling you, offering this information and 5 drawn by Mr. Bryant to determine whether or not they 6 opinions? 6 were appropriate for this structure and this location? 7 A I think in some cases it was, "And, oh, 7 A No, I have not. 8 by the way, we were involved in another 8 All right. What is the ?rst time'you 9 And I provided _,jnformation in terms of dates. For 9 were hired by Mr. Bryant to do a house or do any 10 example, Kilt-liaistarted drilling test borings and 10 structure, give him opinions about anything? 11 started reading inclinometers, that?s important data, ll MR. CARLSON: Object to the form of the 12 and i was just providing heads-up, more information 12 question. 13 about the area. 13 MR. WEINER: Okay. Let me rephrase the l4 Okay. Did you give any response 14 question. 15 regarding any of our houses that have gone up in the 15 (By Mr. Weiner) When were you ?rst 16 recent past, the last year and a half, on Broadmoor 16 engaged by Mr. Bryant on a matter unrelated to 4860 17 Bluffs Drive, this section? There were some empty 17 Broadmoor Bluffs Drive? 18 lots that have now been built upon. l8 A As I recall, year and a half ago, maybe 19 A Yes. l9 two years ago. 20 Which homes were you consulted on? 20 Okay. 21 A One of the last lots, I believe, to the 21 A I'd have to look it up. 22 wash-inhaling 7 on Broadrnoor Bluffs Drive, and 22 Havo you been engaged by Mr. Bryant with 23 don't recall the address. 23 reapect to any address in 80906 other than 4860 24 Would that be west of the Cripps home up 24 Broadmoor Bluffs Drive? 25 the hill? 25 MR. CARLSON: Object to the form of the Page 83 Pagc 85 1 A Uphill from the Cripps home, uphill from I question. 2 that's one the last houses I think 2 (By Mr. Weiner) Fm not trying to say 3 in Filing 7. 3 you were hired on 4860. 4 And who hired you are to do any work on 4 MR. CARLSON: Well, you did. 5 that? 5 (By Mr. Weiner) I?m just trying to keep 6 A Nobody hired me. A friend, colleague 6 4860 out of this. In other words, have you been 7 asked me ifl would come out, take a look at a test 7 engaged by Mr. Bryant with reSpect to any land or 8 pit that they were digging and provide some 8 structure on Cheyenne Mountain excluding 4860 9 information relative to the geologic hazards in the 9 Broadmoor Bluffs Drive? 10 area. And as I recall, recommended that they pull 10 A That covers a lot of territory. 1 the house back as far away from the top of the slope 1 It does, it covers a lot of acres. 12 as they could. And as you drive up Broadmoor Bluffs 12 just trying to find out whether or not you've been 13 Drive, you'll see one house that?s stuck not stuck, l3 engaged on that side of Colorado Springs by him? l4 that is placed signi?cantly Closer to Broadmoor l4 A I don?t think so, but I would have to 15 Bluffs Drive, that's because they pulled it away from 15 check my ?les. 16 the slope as far as they could. 16 Okay. Give me an example of a situation 17 Okay. Is that house on the north or the 17 speci?cally where you?ve been engaged by Mr. Bryant. 18 south side of Broadmoor Bluffs Drive? 18 Would it be, for example, like a house in Cedar 19 A it's on the north side, same side of the 19 Heights or give me an example of one, just so I know 20 street. 20 what kind of work yon're doing for him. 21 Okay. Have you looked at whether 21 A City of Colorado Springs required 22 you?re not an engineer, right? 22 geologic hazard studies on all new subdivisions and in 23 A Correct. 23 some cases they?ve require-d studies on individual lots 24 And you haven?t looked you have the 24 that were plotted prior to 1996, prior to the geologic 25 plans, you said, for this house, but you have never 25 hazard ordinance. So I provide the geologic hazard 22 (Pages 82 to 85) Bruno Reporting Company 303 831-l667 Page 86 4 Page 88 1 study for those projects, which he is working on. 1 A Exhibits 3 and 4. Exhibits 3 and 4 are 2 They?re all over the city. But I don?t recall any in 2 the '96 report and map. 3 the Cheyenne Mountain area. There may be, but again. 3 MR. CARLSON: That's what I was 4 I'd have to check. 4 referring to, not to this report, but to the 5 MR. mamas: Okay. Those are all my 5 MR. PAUL: Oh, I'm sorry. 6 questions. Thank you. 6 THE WITNESS: This. 7 MR. CARLSON: lhave just one followuup. 7 MR. CARL-SON: That?s 2111 i have, sir, EXAMINATION 8 thanks. 7 9 BY MR. CARLSON: 9 MR. PAUL: No further questions. 10 Have you ever reviewed the Kleirifelder 10 Mr. Himmelreich, you have the right to 11 inclinometer data? 11 read and review the deposition to make sure that the 12 A Yes, that?s public record. 12 court reporter took down everything accurately. 13 Does that indicate any downhill movement 13 That?s completely your choice if you want to do that. 14 of the slepe that Broadmoor Bluffs Drive is on? 14 THE WITNESS: Yes. 15 A Yes. Deep. 15 MR. PAUL: Then we?11~~ go ahead and 16 Deep movem r? 16 send it to us, and we?ll send it to Mr. Himmelreich. 17 17 I'm Withdrawing Exhibit 4 to reproduce, 18 18 and we?ll send you a copy of it. 19 19 deposition was concluded at 12:Does the Kleinfelder report indicate 22 23 deep movement in the vicinity of 4860 Broadrnoor Bluffs 23 24 Drive? 24 25 A Yes. 25 Page 87 Page 89 1 Has the iand well, has the deep 1 2 movement on that slope been mapped at this point? 2 3 MR. WEINER: rm going to object to the 3 4 form ofthe question. 4 JOHN 5 A By who? 5 6 (By Mr. Carison) By anyone? 6 Subscribed and sworn to before the 7 A 1 believe it has. 7 this day of 2002. 8 Who do you think has mapped it? 8 My commission expires 9 A i believe that personnel of Kleinfelder 9 10 have mapped it. The one the cross-sections 10 11 contained in the 1996 Kumar report went right through 11 12 this portion of Broadmoor Bluffs Drive. So Kumar 12 13 mapped it in '96, both on the surface and subsurface. 13 NOTARY PUBLIC 14 And then 1 compared my 1996 mapping that I produced as 14 15 part of Exhibit 3, overlaid it on the Kleinfelder 15 16 mapping and almost an exact match. So there are 16 17 several that have mapped it, inciuding myself. 17 18 So you think your Exhibit 3 mapping is a 18 19 along Broadmoor Bluffs Drive has been borne out by 19 20 the subsequent inciinometer data developed by 20 21 Kleinfelder? 21 A inclinometer and surface map, and damage 22 23 to the roadway. 23 24 You're referring to Exhibit -- 24 25 MR. PAUL: Exhibit 2? 25 23 (Pages 36 to 89) Bruno Reporting Company 303 831?1667 Page 90 Page 92 CERTIFICATE Cmi?ed shorthand Reroners 2 STATE OF COLORADO . 899 Logan Street, Suite 208 55 a? Denver, 39203 3 cm AND com or DENVER My? 73 ?33) 33 4 1, A. Hudak, Notary Public in and .5. Karma? Jamison Powers, RC got the State or Colorado, duly appornted to lake the 1 i 1 Scum mm 8mm 3 eposruon or the above-named deponent, do heresy Sum: 703 certify that prevrous to the commencement of the 7 Colorado Springs, Colorado 89903 6 examination, said above-named depooem was by me ?rst duly sworn to testify the truth, the whole truth and Anemia?. STEVEN ESQ: 7 nothing but the truth touching and concerning the matters in controversy between the parties hereto, so Emma C?pps and 312:1) Cripps v; The 8 far as said deponen: should he interrogated cancer-nan Canaan Company. a Colorado corporation, John Bridges, the same; and Colorado Engineering Group. inc, 9 The: sad deposrtion was stenographically and Paul R. Bryant, RE. reported by me a: the time and place heretofore set Dear Mr. Paul: 10 forth, and was reduced to typewritten form under my Enclosed please ?nd your copy ofthe deposian of supemsmn! as per the {Dragging JOHN along your the original signamre 1 I That me {magmas is a and 5mm $231: for ??at-e333 13y 0W mama of my gamma notes men and there taken, deposi??n? and mm ?nds any Chmgas necessary! 12 That a?e; the djposiuan was transcribed. have hint make them on the correction Sheers provided dapenem for Be sure that he signs each correction sheer that he 13 readmg and 513nm?" a cow DfWh?d? ?5 harem may USE Then have him Sign the original signature muexed' page before a notary public and return the signamre Thai 00? ?Hun Grim page and correction sheets to me at the above address, 5350913!? ?"31 any Of the Pames 10 53151 cause 9f 3 l5 action or their counsel, and that} am not mterested I would request that you comply with above within in the even: thereo? the next 30 days, Thank you for your assistance and lo IN WITNESS WHEREOF, I haw: hereunto set my cooperation, and if you have any questions concerning hand and sear this day of 2002, 5: the above, plume feel free to contact me, 7 My expires Apr? 3, 2093} Yours very truly, 13 19 A Hudak, CSR 20 i A. Hudak, CSR Mum? Notary Public cc. Robert Carlson, Esq. 7! 399 ?og cc: Attached to original deposition Ugan tree? Trial Date November E9, 2602 22 figs-ng 80203 A. HUDAK. 23 BRUNO REPORTING COMPANY, mo 2 (303) 831-4667 25 Page 91 BRUNO REPORTING cor/mow Cem?ed Shonhand Reponm?s 899 Logan Street, Store 298 Denver, Colorado 80203 (303) 83 66? Harris, Karstaedr. Johnson Powers, Artomeys at Law i South Tejon Street Suite 703 Colorado Springs, Colorado 30903 Attenan STEVEN JON PAUL. ESQ, RE Dennis Cripps and Margaret D. Coops vs. The Canaan Company, a Colorado corporaon John Bodga, and Colorado Engineering ti: Geotechruczd Group, Inc? and Paul R. Bryant, RE Dear Mr. Paul: Attached 15 the original deposmoo HIMMEIREECH, taken on July 23. 2002, in the above cause Deposmon not Sigrid Deposition sagied by the dwooem Correctron shoet(s_l included harm and copyhes} of same forwarded to interested counsel Signature warmed Please room the original copy of this deposiuon UNOPENED an your possesston until such nme ?51135 required by any parry in a ?aring or trial of the above cause Yours very truly, A Hudak, CSR cc, Murray I. Werner. Esq. oz: Robert R. Carlson cc: Attachmi to original deposmon Tnal Date: November l9, 2002 RECEIVED DATE A. HUDAK. CSR BRUNO REPORTING COMPANY, INC ?303)331~1667 49.? .a 111'" av; 13: Jul?! 10:. 3:2: Bruno Reporting Company 24 (Pages 90 to 92) COUTT, EL EASO COUNTY, STATE OF COLORADO BRUNO ha r_ REPORTING m- Co4:: o: no res: 20 7e:m;jo A"enae Co;o:aoo Springs; Coloraoo 80903 Plaintiffs: A COURT USE ONLY A DENNES CRIPPS and MARGMRET CRIPPS No i BLV. Defendants: THE CANAAN COMPANE, a Colorado JOHN BRIDGES, and 1 COLORADO LNGINEERING _m GEOTECHNICAL GROUP, INC., and PAUL R. 3 Attorneys for Defendants The Canaan Company John Bridges STEVEN JON PAUL, 1 Harris, Kerstaedt, Jamison Powers, P.C 111 South Tejon Street 3 SuiLe 703 Colorado Borings, Cologado 80903 Phone Numbefs 719~635~4588 Attorney Reg No 35008 1 OF JOHN HIMMELREICH JUTE 23, 2002 ALSO ?e:ga:et 2 C:;;ps [5 899 Logan LAM Suite 208 Denver. CO 80203 .303 33; 66? Fe: 4432 CORRECTION SHEET Upon reading the following deposition and before subscribing thereto, the deponent, indicates the following changes should be made: Page: 5 Reads: T5?0?{m?l?dm?f Line: {3 Should read: Pamaepmatbm?g Reason for change, is any: CLmi?cAnom Page: Reads; MC. Gullah Line: {0 Should read: McCullough Reason for change, if any: gazih?jccmek?m Page: 13 Reads: \jeml? Line: Should read: Reason for change, if any: swugwi 0?,?an Page: (?215 Reads: Line: 5? Should read: WaCollou l4 Reason for change, if any: ?dhk?wguh?n Page: 1" Reads: Line 10 Should read: McCullough Reason for change, if any: Page: ?20 Reads: new? Line: Wt Should read: DeV'O?fe Reason for change, if any: Sealhh? Cuvwwl?c Page: Reads: @903? Line: Mr Should read: Deque, Reason for change, if any: Page: 20 Reads: Dene? Line: lo Should read: Doha. Reason for change, if any: ng\\CM\ Page: Zia Reads: Line: 10 Should read: Reason for change, if any: MW ??Kepohent fa igd?at??xr \g CORRECTION SHEET Upon reading the following deposition and before subscribing thereto, the deponent, indicates the following changes should he made: Page: ?27 Reads: Fioad? Line: 3 Should read: ?lmmed Reason for change, is any: Page: 17 Reads: 0? 5m Line: Vb Reason for Page: Z7 Line: lb Reason for Should read: change, if any: Reads: Should read: change, if any: rammed? glow Enerddau Page: 2% Reads: menmiauds??a Line: (3 Should read: Reason for change, if any: amngA??clam@?r Page: 2Q Line: Reason for Page: Zq Line: 5 Reason for Page: 30 Line: Reason for Page: 31. Line: 1 Reason for Page: 31 Line: Reason for Reads: Should read: change, if any: Reads: Should read: change, if any: Reads: Should read: change, if any: Reads: Should read: change, if any: Reads: Should read: change, if any: agendaeaen wave. 9mm ?(side many semwmi Seasmma?y {0%?l?amm Yeconnai assume? YQCecam; Wen? ThamnaWSaMce 3 ?epodent?s igndtufe CORRECTION SHEET Upon reading the following deposition and before subscribing indicates the following thereto, the deponent, changes should be made: Page: 37 Line: Reason for Page: 37 Line: t3 Reason for Page: 42? Line: Reason for Page: *2 Line: Reason for Page: 47 Line: .g Reason for Page: 41 Line: Reason for Page: 4% Line: bi] Reason for Reads: Should read: change, is any: Reads: Should read: change, if any: Reads: Should read: change, if any: Reads: Should read: change, if any: Reads: Should read: change, if any: Reads: Should read: change, if any: Reads: Should read: change, if any: wan Lelds (eta alienate, N. . held 6M. Awa (am: Aalan Vane?? Woe,? Mae.? Sw? Moo- Qohu ml? Shea?? 'Twwale and maak??-b Seal-R: Web?s my? Suki-Qi? seal Wham me we Tamas meu?a Page: Reads: {hahmq Line: i Should read: abwg Reason for change, if any: Page: 50 Reads: Line: 5 Should read: 09% Reason for change, if any: Alf/g 2 5? glib,? Depodi:c? aignaynre\ CORRECTION SHEET Upon reading the following deposition and before subscribing thereto, the deponent, QmealkWM?it?mH indicates the following changes should be made: Reads: Should read: PQr-Ccm Ma.an Praith'narg china gd?qes?lj is any: Page: 51 Line: ?ggo Reason for change, Reads: waive, MJZ {g a, ShaHavJ avauwlwdu idol?: AMWM. Page: Si Should read: @aiitw?} m! ?shilquwmi was was amiss, Line: Ugh, Reason for change, if any: Page: 5( Reads: Ed?bdigj?kba Line: Should read: Reason for change, if any: Page: Reads: am~~had Line: 10 Should read: awariymvb Reason for change, if any: Page: Reads (Elma-hots Line: Should read: Reason for change, if any: Page: Reads: Line: 15 Should read: Segma Reason for change, if any: ewum? Page: Eb Reads: V?a?u?amub Line: {7 Should read: Reason for change, if any: Page: ?73 Reads: envikwa Line: \3im' Should read: Nugg,,Nwhw Reason for change, if any: . Page: '75 Reads: Line: V7 Should read: Reason for change, if any: Dep nenr/? Signasfie . CORRECTION SHEET Upon reading the following deposition and before subscribing thereto, the deponent, Changes should be made: Page: [4 Line: 9 Reason for Page: 5 Line: 14 Reason for Page: Line: Reason for Page: $9 Line: 1? Reason for Re son for Page: Line: Reason Page: Line: Reason for Page: Line: Reads: Should read: change, is any: Reads: Should read: change, if any: Reads: Should read: change, if any: Reads: Should read: change, if any: Regd?: Should ad: change, if any: if any: Reads: Shou read: change, "f any: Re ds: Should re d: change, SPH?ihmw?iba?H Reads: Should read: [uli?cz? tenable DWua?ew KMHR Klexh?? ?447 ,al? guy I Skid?, Cami size? indicates the following Ail: lib/ix DEED ent?s/ngnatafe L, \x Pxkg") UBL ??29 0 to befcre Subscribed and sworn day of 4: 41 . My commission expires /i g; If: a; 53 1:53-in NOTARY PUBLEC