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(1 Tr. Vann, 237). <br />MCR witness Jones, who spent three years shooting avalanches for <br />Mid - Continent in Coal Basin, described what he observed (3 Tr. Jones, 39): <br />Q. Did you notice any avalanche, any evidence of avalanches, during <br />early February 1989 in the area of the 016 ponds? <br />A. Yes, I did notice an avalanche there. <br />Q. Could you describe it? <br />A. It was a slab type of avalanche that started approximately <br />two - thirds of the way up the hill, that came down in the area between the <br />No. 1 and No. 2 ponds, more generally, and that it landed in the No. 1 <br />pond. <br />The area of the avalanche was an area MCR witness Jones shot for avalanche <br />control when the rock tunnels' spoil pile was active (id. 38 -39). A person whose former <br />job it was to control avalanches would, certainly, be more aware of an avalanche than <br />a visitor not familiar with the area. <br />The evidence does not establish on what date the avalanche occurred. <br />However, it probably occurred during or after the significant snowfall, the 48- inches <br />of snowfall on Saturday and Sunday, February 4 and 5, 1989 (MCR Exhibit No. 2 -D, <br />Record 00227; 3 Tr. Jones, 36 -37). The only WQCD witness who could have observed <br />an avalanche after this time, had he been looking for it, was MLRD witness James <br />Stevens, who "recalled none" (1 Tr. Stevens, 58). <br />DRAGLINE OPERATIONS <br />The dragline, owned by an independent contractor (3 Tr. Jones, 47), began <br />cleaning the Outfall No. 016 ponds Friday, February 10, 1989 (id. 60). The task <br />necessitated clearing the roadway to the Outfall No. 016 ponds of snow, starting -up <br />Mid - Continent Answer Brief <br />- 10 - Appeal No. 93 CA 297 <br />