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L Alli L711 iV <br /> AFFIDAVIT OF DOUGLAS W. BOWMAN <br /> OSM NoV No. 85-2-244-12 <br /> Mid-Continent Resources , Inc. <br /> STATE OF COLORADO ) <br /> ) ss. <br /> COUNTY OF GARFIELD ) <br /> DOUGLAS W. BOWMAN being duly sworn deposes and <br /> says: <br /> 1. That he is and has been since 1977 Environmental <br /> Coordinator for Mid-Continent Resources, Inc. and has general <br /> responsibility for compliance with federal and state environ- <br /> mental laws and regulations within the area covered by <br /> Colorado MLRD Permit No. C-017-81; that affiant has had <br /> extensive previous experience in environmental and recla- <br /> mation matters having been employed as Senior Field Hydrologist <br /> for oil shale tracts U-A and U-B in Utah for two years, and <br /> prior to that having been employed as a hydrologist in <br /> charge of waste water and ground water collection for 16 <br /> years in the North half of Los Angeles County. <br /> 2. Affiant has made a detailed study of the Mid- <br /> Continent Resources, Inc. (MCR) permitted area and in particular <br /> of the area involved in NoV 85-2-244-12, therein designated <br /> as "BAT Ponds" , which are designated in MLRD Approval dated <br /> November 14, 1984 as "Catchment basins below Mane #1" and <br /> which will be referred to herein as "Catchment Basins" . <br /> 3. The Catchment Basins are located below the <br /> Dutch Creek #1 Mine bench near the lower terminus of an <br /> avalanche path extending upward past the Dutch Creek #1 Mine <br /> on the steep southerly facing largely unvegetated slope with <br /> exposed shale, sandstone and other sedimentary materials , <br /> including at least four distinct coal seams; that natural <br /> erosion carries such materials down slope to the area of <br /> such Catchment Basins, and there are annual major avalanches <br /> dispersed in the same area, carrying such materials together <br /> with trees and other vegetative matter. During the 1950s <br /> the Dutch Creek #1 Mine pad and portal area was excavated <br /> from the side of the mountain and the excavated materials <br /> downcast generally in the same area; that between 1956 and <br /> 1977 trommel screen coal/rock and other materials were also <br /> downcast into the same area. That the resulting accumulated <br /> detritus, talus, excavated material, coal, shale and organic <br /> materials so deposited have created a large deposit of large <br /> homogeneous deposit without identifable topsoil or horizons . <br />