December 3, 2025 Regular Meeting - WEHI Transcript

01/05/2026 02:58:16 PM Page 21 to 24 of 68 6 of 17 sheets 21 during the construction, that could be done?1 No, but then there has to be follow up with2 A. monitoring, with a monitoring program and evaluation by3 a geologist or geological engineer. And that, and that4 would be, if we were running the specifics for the job,5 that would be included in the work plan.6 Well, my question is a little different. It was7 Q. simply, without knowing if a blasting is going to be8 used and without seeing a blasting work plan, are you in9 a position to evaluate "disturbance and weakening" of10 the slope arising from the blasting?11 Well, I am not at this point in time, but this12 A. is, this is something that takes place later in the13 development of the project.14 MR. PLOCKER: May I. We already agreed to15 that.16 CHAIRMAN BAGOFF: The applicant agreed to17 that.18 MR. AFRAN: That's very nice for the board19 to evaluate. Nice gesture.20 MR. PLOCKER: You would like this hearing to21 continue, I assume. This is a process that we take very22 seriously. It is done, as Mr. Kleinberg testified,23 during the construction phase. So are we going to get24 through Mr. Kleinberg's cross-examination with serious25 22 questions or are you going to continue to delay these1 proceedings, which clearly is your clients goal.2 MR. AFRAN: That comment really should be3 struck from the record. It's inappropriate.4 CHAIRMAN BAGOFF: Okay.5 Mr. Klein.6 MR. KLEIN: Mr. Kleinberg, I thought I heard7 somebody say several meetings ago that you can control8 the blast, you can have a certain amount of explosives,9 you can put a max on it so it's not going to disturb as10 far away, you may have to do a lot of smaller blasts as11 opposed to one big blast?12 THE WITNESS: Correct.13 MR. KLEIN: Okay. So to his question, is14 there no way that they can blast this without disturbing15 the neighbors or is there a way that they can blast it16 in smaller amounts and not disturb the neighbors?17 THE WITNESS: It can be done in a controlled18 manner in conjunction with other types of special rock19 splitting equipment.20 MR. KLEIN: Right.21 THE WITNESS: And line drilling. There's22 all kinds of procedures, but that's really the23 contractors generally and we would recommend that they24 be required to have a professional engineer certify a25 23 program.1 MR. KLEIN: Right. So knowing that, to his2 question -- say your

ally the23 contractors generally and we would recommend that they24 be required to have a professional engineer certify a25 23 program.1 MR. KLEIN: Right. So knowing that, to his2 question -- say your question again then.3 MR. AFRAN: That wasn't my question. I4 wasn't directing my question to disturbance of the5 neighbors. My question was different.6 MR. KLEIN: The slope.7 MR. AFRAN: Disturbance of the slope.8 MR. KLEIN: Excavating such a big blast even9 effected, I am saying smaller blasts.10 MR. AFRAN: We don't dismiss the impact on11 neighbors. Blasting, that's always an issue in managing12 construction projects. It's a very simple question,13 blasting could lead to disturbance and weakening of the14 slope. That's at Page 8 of the report. My question is15 very simple. Are you able to evaluate, sitting here16 right now without knowing if blasting is going to be17 used and without seeing a blast plan, what the level of18 disturbance and weakening of the slope will be, "yes" or19 "no"? Are you able to do that sitting here today20 without the blast plan.21 In my experience when they, when an experienced22 A. blaster is charged with doing his work to minimize23 disturbance it can be done. This takes place in24 Manhattan where there are buildings on the property25 24 line.1 And I will -- Mr. Kleinberg, let's go back to the2 Q. question I asked, which I now asked three times and has3 not been answered. It is a very simple question.4 Without knowing if blasting is going to take place and5 without seeing a blast plan are you, as the independent6 expert evaluating slope stability, right now able to7 evaluate what level of disturbance and weakening of the8 slope will take place, "yes" or "no"? Are you in a9 position to make that evaluation now without seeing a10 blast plan.11 Okay. If you're going to be, if you're going to12 A. discount the way, the way things are done in the13 construction industry, I can't tell you sitting here at14 this point in time, no. The answer is, no, I can't tell15 you.16 That's all I asked.17 Q. But I know it can be done.18 A. Lots of things can be done. This board has a19 Q. public safety duty to know whether a project will be20 safe for the public. I am simply asking, can you21 evaluate that issue right now?22 It can be done so that it will protect the23 A. public.24 We can go to Mars, that's not the question. Can25 Q.