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4 . Since 1977 affiant has observed the area of <br /> the Catchment Basins in all seasons. The runoff water <br /> desends at high velocity and combined with the snow melt <br /> from massive avalanches causes substantial erosion. <br /> 5. That these erosion and sedimentation problems <br /> were the subject of many discussions between affiant and <br /> MLRD personnel, as well as OSM personnel over a period of <br /> years, with MLRD/OSM personnel consistently pressing for a <br /> cooperative effort toward erosion and sediment control of <br /> this pre-SMCRA condition. <br /> 6 . Following numerous discussions, the Catchment <br /> Basins were designed and agreed upon as a best available <br /> technology approach; the nature, quality and condition of <br /> the homogeneous mass having been discussed and fully con- <br /> sidered with MLRD personnel, particularly Mr. Jim Herron. <br /> 7. The Catchment Basins were designed with a low <br /> profile and gentle slopes with specific recognition of the <br /> avalanche dispersal problem and it was decided that the <br /> upslope material should be pushed into shallow embankments <br /> on the downside where such materials would be available for <br /> future reclamation or re-distribution if needed in post- <br /> mining phases. it was determined and established that the <br /> homogeneous nature of the material, and the lack of horizons <br /> made it impossible to separately remove and stockpile topsoil, <br /> or underlying layers of distinquishable material; further <br /> that an attempt to create such stockpiles would have been <br /> ill-advised and enviornmentally unsound because of avalanche <br /> dispersal, the nature of terrain and the erosive conditions <br /> prevailing. <br /> 8. Accordingly, affiant prepared and submitted <br /> to MLRD an application for minor modification to permit the <br /> construction under a best available technology approach of <br /> the Catchment Basins, dated October 29 , 1984 and the MLRD <br /> under date of November 13, 1984 approved as a minor revision <br /> which stated "The Division is approving the minor revision <br /> because it is felt that the Catchment Basins will minimize <br /> disturbance to the hydrologic balance below Mine #1 and Mine <br /> 44. " <br /> 9. A diagram showing the profile of the Catchment <br /> Basins and the area above is attached to this Affidavit, and <br /> a contour map showing the location of such pertinent objects <br /> � s also attached, from which it will be observed that the <br /> BAT basins with sequential discharge, are designed to carry <br /> runoff water down the natural channel to two sediment control <br /> ponds near the "Arctic Circle" . <br /> - 2 - <br />