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Logan Wash Mine Annual Report <br />Permit No.: M-1977-424 <br />Current plans are for these areas to be released from the mine permit and incorporated into a <br />Colorado Oil and Gas Conservation Commission (COGCC) Application Permit to Drill (APD) <br />submitted by OXY-USA. OXY-USA intends to construct a gas well on the Lower Bench and has <br />acquired a BLM right-of-way to access the well by way of the Upper Access Road and the Lower <br />Bench Road. However, a date for construction of a drill pad on the Lower Bench has not been <br />established. A memorandum of understanding between OOSI and OXY-USA stipulates that <br />reclamation of the entire Lower Bench, the Lower Bench Road, and the Upper Access Road will <br />be the responsibility of OXY-USA. Future reclamation requirements for OXY-USA will likely be <br />defined in an agreement with DRMS and the COGCC. In addition, any other disturbance of <br />previously reclaimed areas within the mine permit area will be repaired and reclaimed by OXY- <br />USA under COGCC regulations. OOSI and OXY-USA will provide DRMS with required <br />documentation of this change in land use and permit jurisdiction as agreements and other permits <br />are finalized. Should OXY-USA decide not to construct a well on the Lower Bench, then OOSI <br />will reclaim the Lower Bench at a suitable time (pending a final resolution of retort water <br />treatment or management). <br />OOSI anticipates requesting release of warranty for Areas 1 (12.36 acres), 2 (0.74 acres), 4 (4.26 <br />acres), and 10 (0.24 acres), the revegetated portions of Area 13 (1.26 acres), the "Lower Dump <br />Toe" (estimated to be 1.64 acres), and the Soil Barrow Area (0.65 acres) by Fall of 2009. These <br />areas total approximately 21.1 acres. OOSI does not expect to reclaim Area 23, the evaporation <br />pond and pipeline, in the near future as retort water management and treatment are being <br />evaluated. <br />On August 29`", 2005, DMG conducted a site inspection of lands meeting reclamation <br />requirements. On January 12'h, 2006, DMG released OOSI from further reclamation <br />responsibility for Areas 6, 8, 9, 12, 14, 15, 16, 17, 19, 20 and a portion of Area 13 (roads). <br />3.0 Monitoring Activities in 2008 <br />Monitoring activities at the Logan Wash Mine during the reporting period consisted of periodic <br />monitoring of mine water discharge and related sampling activities when necessary. These <br />activities included (1) required flow monitoring and sampling of two National Pollution <br />Discharge Elimination System (NPDES) outfalls on weekly, monthly, and quarterly schedules, <br />(2) measurement of flow rates of the mine-water discharge and retort-water discharge on a <br />quarterly basis, and (3) measurement of the manometer installed in the Research Mine.Vault. <br />Monitoring data are shown in Table 4. <br />3.1 NPDES Outfall Sampling <br />Two NPDES outfalls, administered by the Colorado Department of Public Health and <br />Environment (CDPHE), were monitored in accordance with permit-established schedules. <br />Outfall 001 (Logan Wash Mine, main lower portal [L-1 Portal] discharge) and Outfall 002 <br />(Research Mine discharge) are to be monitored weekly for pH, flow rates, total dissolved solids <br />(TDS), and total suspended solids (TSS); monthly for TDS, TSS, pH, nitrate, sulfate, fluoride, <br />ammonia, COD, boron, oil and grease, and phenols; and quarterly for TDS, TSS, pH, nitrate, <br />sulfate, fluoride, ammonia, COD, boron, arsenic, copper, lead, oil and grease, and phenols. <br />Monitoring is required at Outfall 001 when mine-water drainage from Logan Wash mine reaches <br />a flume in "Dry Gulch" at the OOSI and BLM property boundary. Prior to 2005, monitoring was <br />required at Outfall 002 when flow was present in a pipe discharging mine water from the <br />Research Mine near the portal entrance. In the summer of 2005, OOSI constructed a mine <br />Western Water & Land, Inc. 4