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Appendix A <br />Conditions of Approval <br />Oxbow Mining LLC, Panels 7-11 Methane Drainage Wells <br />Administrative <br />For each year of project implementation, the Oxbow will be require to submit an Annual Plan of <br />Operations (AOP) to the Forest Service for acceptance/approval, detailing the year's planned <br />activities on National Forest System Lands. The AOP will detail plans for drilling (i.e. which holes <br />will be drilled in that year), access road construction, reclamation plans, and anticipated schedule of <br />activities. The AOP must also identify Oxbow's MDW project supervisor and the surtace operations <br />supervisor. The AOP will be submitted prior to work commencing, and by April 1 for each year. <br />The Forest Service will identify a point of contact for Oxbow. A pre-work meeting will be required <br />each year of project implementation prior to start of activities. The Forest Service must be notified <br />of any proposed alterations to the plan of operations. Any changes to the existing plan are subject <br />to Forest Service review and approval. <br />2. The Operator shall notify the Forest Service at least one week before operations are to commence <br />on National Forest System (NFS) lands. In addition, the operator will notify the Forest Service 48 <br />hours in advance of mobilizing heavy equipment (including road maintenance equipment) onto <br />National Forest System lands. <br />3. Oxbow is responsible to conduct their construction and drilling operations are conducted to conform <br />to (1) applicable Federal laws and regulations, and (2) with State and local laws and regulations to <br />the extent that such State and local laws are applicable on Federal leases. <br />All surface disturbing activities including reclamation must be supervised by an authorized <br />representative of the Operator who is knowledgeable of the terms and conditions of the projects <br />permits/licenses. The Operator will provide the Forest Service with a list of authorized <br />representatives prior to surtace disturbance on NFS lands. The Operator will have an authorized <br />representative available to be on site within 2 hours of a Forest Service request. A copy of the <br />appropriate permits/licenses must be available for review at the Elk Creek Mine office and <br />presented upon request to any Forest Service official. <br />5. The operator shall immediately,cease operations in areas where any antiquities or other objects of <br />historic or cultural significance, or items of scientific interest are discovered. The Operator shall <br />bring discovery to the attention of the District Ranger. Any such discoveries shall be left intact until <br />the operator is permitted to proceed by the authorized officer. <br />Soils <br />6. Temporary roads and drill pads will be designed to minimize erosion and sedimentation. Pad sites <br />will be sloped to drain spills and on-site precipitation into the mud pits. <br />7. Reclamation activities will commence immediately after drilling activities are complete. New <br />temporary roads will be decommissioned by obliteration once no longer needed for access. The <br />point of access (where applicable) will be blocked as directed by the Forest Service so to prevent <br />motorized use of the obliterated road. The USFS officer will identify barrier locations and <br />techniques. <br />Wildlife <br />8. Surveys for nesting raptors (i.e. golden eagle and peregrine falcon) will be completed by a qualified <br />wildlife biologist prior to development of any surface facilities (roads and/or drill pads) within the <br />vicinity (1/2 mile radius in suitable habitats) of MDW-LW9-01 and MDW-LW8-01/MDW-LW7-01. If <br />