In response to an anonymous complaint about the trenches located at 1570 Grove Street, Complainant sent Compliance Safety and Health Officer Kirk Lake to perform an inspection of the worksite. During his inspection, CSHO Lake saw five workers exiting a trench that had water along 90 percent of its length. Upon closer observation, the CSHO determined sections of the trench were benched or improperly sloped for trenches that are “submerged” according to Appendix A of Subpart P. See 29 C.F.R. § 1926 Subpart P, Appx. A. The parties do not dispute many of the salient facts required to establish a violation, including those related to the applicability of the standard, employees’ exposure to the condition, and Respondent’s knowledge of the condition. Instead, the parties dispute the source of the water and the extent of the hazard, if any, imposed by it; thus, calling into question whether the terms of the standards were violated.