Answer
The diver is $~~6.86~m~~$ above the surface of the water.
Work Step by Step
We can find the vertical distance the diver falls in $0.800~s$:
$y = \frac{1}{2}gt^2$
$y = \frac{1}{2}(9.8~m/s^2)(0.800~s)^2$
$y = 3.14~m$
We can find the height above the water:
$h = (10.0~m)-(3.14~m) = 6.86~m$
The diver is $~~6.86~m~~$ above the surface of the water.