Free Statement - District Court of Colorado - Colorado

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ARTHUR O'HAYRE, PH.D. PRINCIPAL AND SENIOR HYDROLOGIST

EDUCATION
Ph.D. Forest Hydrology University of Minnesota 1976 M.Sc. Hydrology University of Arizona 1972 B.Sc. Earth Resources/Watershed Management Colorado State University 1970

PROFESSIONAL HIGHLIGHTS
Dr. O'Hayre has over thirty years of diversified environmental and engineering experience in industry, consulting, and research. He is a specialist in the areas of surface and ground water hydrology, water quality assessment, and chemical fate and transport analysis. He has performed water quality assessments and chemical fate and transport studies for a variety of projects, including permitting and environmental assessments for mining and energy development projects, and for remediation and risk assessments for Superfund Sites and for mine reclamation and closure. Dr. O'Hayre has been responsible for the management and timely completion of baseline hydrologic and water quality investigations, surface water and ground water remediation, hydrologic and water quality modeling studies, and environmental impact assessments. He has conducted numerous field programs to evaluate a wide variety of hydrogeologic situations including fracture-dominated flow, stratified aquifer/aquitard systems and surface-ground water interactions. He has designed and implemented innovative testing programs to evaluate vertical leakage through aquitards and chemical fate and transport in surface water, soil and ground water. Dr. O'Hayre has been a Principal in Applied Hydrology Associates, Inc (now Norwest-Applied Hydrology) since 1986. Dr. O'Hayre was Hydrology Services Manager for Anaconda Minerals from 1980 to 1986. He was also an Assistant Professor at Yale University from 1975 to 1980, where he taught an introductory course in Hydrology and advanced seminars in Water Resources Management and in Analysis and Modeling of Hydrologic Processes.

COURSES
Petroleum Hydrocarbons and Organic Chemicals in Groundwater, LA (1990) Finite Element Method in Water Resources, University of Delaware (1977) Boundary Integral Equation Method Applied to Flow in Porous Media, Cornell (1979) Pollution of Groundwater: Chemical Processes, Butler University (1983)

PROFESSIONAL EXPERIENCE
Dr. O'Hayre has worked as a technical representative for clients on mining sites, in situ coal gasification projects, coal bed methane projects, environmental impact assessments for mining and energy development projects, and mining and hazardous waste site remediation and closure projects. Relevant project experience is summarized below: BLUEWATER URANIUM MILL, NEW MEXICO Dr. O'Hayre developed the ground water corrective action programs and provided technical support on the reclamation plan for ARCO's Bluewater Uranium Mill near Grants, New Mexico. Reclamation included mill decommissioning, stabilization of a 24 million ton tailings impoundment, and ground water corrective action. He also prepared the annual evaluation of ground water corrective action programs, including both ground water pumping and wick drainage and consolidation of tailings slimes. He also prepared the Alternate Concentration Limit (ACL) petition for the Bluewater Uranium Mill Tailings Facility and participated in strategy

ASSOCIATIONS AND CERTIFICATIONS
American Geophysical Union Colorado Groundwater Association Association of Groundwater Scientists and Engineers of NWWA 40-hour OSHA Hazardous Waste Site Health and Safety Training

950 SOUTH CHERRY STREET ~ SUITE 810 ~ DENVER, COLORADO ~ 80246 303.782.0164 ~ OFFICE 303.782.2560 FAX

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development and presentations to regulatory agencies. This effort included characterizing past contributions of tailings seepage to alluvial and bedrock aquifers underlying the facility, chemical fate and transport modeling to predict the effects of ground water corrective action programs, including of tailings stabilization, on concentrations of metals, salts and radionuclides in alluvial and bedrock aquifers down gradient from the tailings facility. This was the first ACL Petition that has been approved by the U.S. Nuclear Regulatory Commission and was a key milestone for closure of this site and transfer to the U.S. Department of Energy for perpetual care. CALIFORNIA GULCH SUPERFUND SITE, COLORADO Dr. O'Hayre participated in the investigation of metals contamination of surface water and ground water due to abandoned mine tailings and acid mine drainage at the California Gulch Superfund Site located near Leadville, Colorado. Studies included development of a metals mass loading model capable of representing present conditions and predicting the consequences of remedial actions, such as control mine discharge from the Yak Tunnel or removal of mine dumps and tailings. The recommended remedial plan that was developed as a result of this work is currently being implemented. Dr. O'Hayre also participated in the Feasibility Study under CERCLA for the Yak Tunnel operable unit of the California Gulch site. Studies included development of work plans for tunnel plugging, and fracture grouting control options. COAL BED METHANE PRODUCED WATER IMPOUNDMENT STUDY, WYOMING Dr. O'Hayre completed a study of the potential impacts groundwater quality and use classifications from Coal Bed Methane (CBM) produced water impoundments located throughout the Powder River Basin (PRB) in Wyoming. A general hypothesis that was assessed by the study was that the seepage from off-channel impoundments may initially leach higher concentrations of dissolved solids from the bedrock and weathered materials underlying the impoundment than would occur in seepage from an in-channel impoundment, where the underlying alluvium and bedrock have been exposed to periodic leaching by infiltration of snowmelt and surface runoff. Another aspects of the evaluation was to assess the duration for ground water quality changes and time period required to return to baseline water quality. Water balance and groundwater monitoring data for seven impoundment sites were obtained and interpreted. Chemical fate and transport evaluations were performed to determine the effect of geologic variability and the influence of geochemical weathering. The interpretative approach included the development of a conceptual hydrogeologic model and water balance for each impoundment. The data interpretation included an assessment of: · The consistency of water level changes with conceptual

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· · ·

hydrogeologic model and water balance analysis The change in ground water chemistry at observation wells at various depths and locations from the pond The consistency of the ground water chemistry changes with geochemical equilibrium model results and with mineralogical characteristics of the geologic materials The consistency of water level changes with saturated/unsaturated flow modeling results

PREWITT REFINERY SUPERFUND SITE, NEW MEXICO The Prewitt Refinery Superfund Site is a former refinery located near Grants, New Mexico. Dr. O'Hayre has served as project manager for pilot testing and design of the remedial action at this Superfund Site. He managed the engineering design of the full-scale subsurface remediation system. In addition to preparing the design report, drawings and specifications, he was also responsible for preparation of the Sampling and Analysis Plan, the Remedial Action Work Plan, and the Operation and Maintenance Plan. Dr. O'Hayre also served as the Supervising Contractor and Quality Assurance Official (SC/QAO) for construction of the remedy. As SC/QAO, he was responsible for assuring that the constructed system conformed to the design. Other responsibilities included preparation of the monthly and annual progress reports, interface with New Mexico and EPA oversight personnel, and preparation of the remedial action construction reports. He also completed a ground water chemical fate and transport modeling study to assess the potential for future exposure to the constituents of concern (COC) that are present at, or migrating from, the NAPL-impacted portions of the F and G Sandstone Units at site. The modeling and potential exposure assessment was prepared to evaluate the need for and potential benefit of further remediation in the F and G Sandstone Units. CIMARRON MINING SUPERFUND SITE NEW MEXICO The Cimarron Mining Corporation Site is an inactive milling facility that was used initially to recover iron and later precious metals from ores transported to 10.6 acre site. The contamination sources at the site included tailings piles, sediment piles, the cyanide solution and tailings spillage areas, the cinder block trenches used for cyanide solution recycling and the discharge pit. He reviewed the performance of the groundwater remediation system and developed modifications to this system in order to improve performance. He also assisted in the Five Year Review of this site as required under CERCLA. This review included an assessment of the protectiveness of the remedy and an evaluation of any changes in exposure pathways or in the toxicity or other characteristics of contaminants at the site.

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QUIVIRA MINING COMPANY URANIUM MILL TAILINGS, NEW MEXICO Dr O'Hayre helped develop the groundwater ACLs for the bedrock aquifers at Quivira Mining Company's Ambrosia Lake Mill. The ACL petition work included assessment of the groundwater corrective action program, determination of extent of groundwater contamination, and chemical groundwater fate and transport modeling to assess future risk to human health and the environment. NO-NAME MINE, FARMINGTON, NEW MEXICO Dr. O'Hayre completed baseline surface and ground water hydrology investigations for BHP's proposed surface coal mine near Farmington, New Mexico. These investigations included interpretation of geologic, geochemical and hydrologic data, well design, well completion, hydrologic testing and monitoring, surface and ground water modeling, and baseline hydrologic regime characterization. He developed designs for diversions and sediment ponds to support mining and reclamation operations and prepared the assessment of hydrologic effects of proposed mining and reclamation operations as required by regulations. SAN JUAN DEEP MINE, FARMINGTON, NEW MEXICO Dr. O'Hayre performed baseline investigations of surface and ground water hydrology at BHPs proposed undergorund coal mines in New Mexico. These investigations included interpretation of geologic, geochemical and hydrologic data, well design, well completion, hydrologic testing and monitoring, surface and ground water modeling, and baseline hydrologic regime characterization. He used geochemical, water quality and potentiometric data to develop a better understanding of coal basin hydrogeology and to identify the extent that surface and ground water resources that could be affected by proposed mining, including projected subsidence from the proposed longwall mining operation. COAL BED METHANE PRODUCED WATER MANAGEMENT, WYOMING Dr. O'Hayre has provided regional and site-specific permitting support for coal bed methane operations. He has modeled salt loading on major watersheds in the Powder River Basin (PRB) as part of the Powder River Basin Oil and Gas EIS and industry initiatives, and coordinated white papers for industry on water quality impacts to land use and shallow aquifers. He has prepared technical information for NPDES permits. He has also developed Water Management Plans in support of BLM Permits to Drill on federal leases. These plans address the handling of produced water during testing and production as well as the mitigation of impacts to stream channels and related structures. BULL MOUNTAINS NO. 1 MINE, MONTANA The Bull Mountains No. 1 Mine is a longwall coal mining development project located near Billings, Montana. Dr. O'Hayre participated in a project team responsible for developing baseline information, determining the probable hydrologic consequences of mining and reclamation, and

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developing appropriate mitigation plans to prevent adverse impacts from this proposed underground mine. This effort included resolving surface and ground water issues raised by the state regulatory staff. Dr. O'Hayre identified additional information needed to resolve comments and developed interpretations of the water balance, alluvial-bedrock aquifer interrelations, lineament and joint structure, groundwater geochemical patterns, mine inflow rates and mine pool fill rates, and probable hydrologic impact to springs resulting from mine subsidence. Studies included application of a groundwater model for a five layer aquifer system to represent the present hydrogeologic system and to support predictive analysis of active mining and post mining conditions including mine water inflows and impacts on springs and streams. A water balance and groundwater recharge estimate was developed using predictive models of evapotranspiration, and monitoring data for rainfall and streamflow. Work was performed to support the mine permit application as well as the BLM Environmental Impact Study. Dr. O'Hayre also prepared the water management plan and hydrogeologic assessment for a proposed 43 acre coal waste disposal facility at this mine. A simple cell block model was used to determine the potential discharge from the mine waste disposal area and from the underground mine operations. LOWRY LANDFILL SUPERFUND SITE, COLORADO Dr. O'Hayre represented Coors Brewing Company on technical issues related to the Lowry Landfill CERCLA site in Denver, CO. As technical representative, Dr. O'Hayre was responsible for representing the client in Technical Committee Meetings and providing technical direction and comprehensive review of the RI/FS activities. The RI/FS activities for this site included: · Characterization of shallow and deep groundwater systems, and relationships between intermittent stream flows and shallow groundwater. · Groundwater modeling and chemical fate and transport modeling, including natural biodegradation assessment, to support baseline risk assessment. · Determination of changes in surface and groundwater flows and contaminant transport with various remedy alternatives including alternative cap and cover designs, slurry walls, and groundwater interception drains. · Hydrogeologic characterization and modeling to determine the risk reduction achieved by various remedy alternatives. FORMER ANACONDA MINE AND MILLING SITE, YERINGTON, NEVADA Dr. O'Hayre participated in the application of a groundwater flow model (MODFLOW) and a solute transport model (MT3D96) to aid in the

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characterization of existing impacts, predict future impacts, and assess the effectiveness of various remediation techniques. The groundwater flow model incorporated the influences of surface water recharge to the shallow groundwater system, and discharge to rivers and wetland areas (in the form of evapotranspiration). The model also explained the influence on ground water flow and chemical quality from 25 years of mining, evaporation pond leakage, groundwater withdrawal, waste water disposal, recent irrigation and drainage ditch seepage. Dr. O'Hayre subsequently participated in the review and performance of the remediation system after 10-years of operations. Modifications of the operating system were proposed and implemented due to changing hydrogeologic conditions resulting from ground water pumping and irrigation near the site. FRENCH LIMITED SUPERFUND SITE, TEXAS Dr. O'Hayre participated in a complete hydrologic assessment of the French Limited CERCLA site near Houston, Texas. Challenging work at the site included developing and implementing a hydrogeologic study to determine the anticipated rate of organic contaminant transport from the chemical disposal lagoon through a confining zone to an underlying aquifer. The assessment provided sufficient quantification of this issue to attain EPA acceptance of no potential risk to the confined aquifer. Dr. O'Hayre also characterized the shallow aquifer system, including the relationship between the ground water and the ponds and wetlands at and near the site. Dr. O'Hayre also participated in chemical fate and transport interpretation and modeling to support the focused feasibility study performed to address contaminant "hot spots' remaining after completion of site-wide remediation. ENVIRONMENTAL IMPACT ASSESSMENT OF MANTI LA SALE COAL TRACTS, UTAH Dr. O'Hayre completed the baseline hydrologic data interpretation and probable hydrologic consequences assessment of proposed underground coal mining for the Environmental Impact Assessment of the Manti La Sal Coal Tracts in Utah. The baseline data interpretation used geochemical and environmental isotope data to develop a better understanding of coal basin hydrogeology and to identify surface and ground water resources that could potentially be affected by proposed mining activities. Proposed underground coal mining of the two Tracts involved longwall mining methods with continuous mining for portal development, main entry and long wall panel development. The impact evaluation included the effect of proposed mining and subsidence on springs, ponds, and the flow regimes of streams within the vicinity of each mining tract. The evaluation also addressed expected mine inflow rates and mine water discharge options and effects, including effects on the stream channels below the expected

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discharge location. Plans for monitoring and mitigation were also developed for this EIS. GALISTEO AND COCHITI RESERVOIR SITES , NEW MEXICO Dr. O'Hayre developed the work plan and the interpretive report for characterization of retained sediments at Cochiti and Galisteo Reservoirs in New Mexico. The Galisteo Reservoir was constructed for flood and sediment control and is located approximately 20 miles southwest of Santa Fe, New Mexico. The retained sediment study was designed and implemented to characterize sediments that might be released from the reservoir as a result of USACE plans to selectively treat approximately 55 acres of saltcedar in the reservoir behind the Dam. The released sediment is expected to be beneficial but the concentration of metals in the retained sediments in the Galisteo Reservoir could be elevated due to natural mineralization and historical mining and smelting activities in the drainage basin upstream of the reservoir. A chemical fate and transport analysis was performed based on the retained sediment characterization results to assess the affects of proposed saltcedar eradication activities on the metals concentrations in water and sediment downstream on the Rio Grande. Dr O'Hayre also participated in a reservoir sediment and water sampling study of Cochiti Reservoir on the Rio Grande to determine whether increased levels of radionuclides had been washed downstream following the Cerro Grande fire at the Los Alamos National Lab (LANL). Sampling occurred at seven previously established locations along the channel profile of the reservoir. Sediment textural data was acquired as well as water quality data. Sampling results were compared with LANL background measurements of reservoir samples obtained in April 1998 CONFIDENTIAL COAL PROJECT, COLORADO Dr. O'Hayre completed the baseline hydrologic data interpretation and alluvial valley floor assessment of a proposed underground coal mining project in Colorado. He used geochemical data interpretation and groundwater modeling to develop a better understanding of coal basin hydrogeology and to identify surface and ground water resources that could potentially be affected by proposed mining activities. CARBON COUNTY UNDERGROUUND COAL GASSIFICATION PROJECT, WYOMING Dr. O'Hayre participated in the hydrogeologic and baseline ground water quality characterization study for this underground coal gasification project located near Rawlins, Wyoming. This work included evaluation of the hydrogeologic and ground water quality impacts associated with the proposed in situ burn and extraction operation.

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1980­1986, ATLANTIC RICHFIELD CO DENVER, COLORADO SENIOR HYDROLOGIST From 1980 to 1986, Dr. O'Hayre served as Atlantic Richfield Company's expert for hydrologic issues related to coal and minerals operations, in-situ coal gasification, waste disposal, water quality discharge permits, CERCLA investigations, and water supply development. JACKPILE URANIUM MINE, NEW MEXICO Dr. O'Hayre developed a reclamation plan that minimized the amount of pit backfilling and associated reclamation costs and improved post mining land use. The plan included a water impoundment in the mine pit. Water diversions increased flows to the impoundment and an outlet tunnel reduced the volume and surface area of the impoundment sufficiently to reduce evaporation loss and to maintain acceptable water quality in the impoundment and in the discharge. RICO MINE, COLORADO Dr. O'Hayre assembled and interpreted streamflow, chemical concentrations and in-situ biomonitoring data on the Dolores River to support development of site specific water quality based NPDES permit limits for mine water discharge from the Rico Mine site in Colorado. He participated in the initial operations of the water treatment system and in the negotiations with the Colorado Water Quality Control Division in obtaining attainable water quality based effluent limits. ARCO COAL PROJECTS, WYOMING, UTAH AND COLORADO Dr. O'Hayre managed and performed hydrologic baseline studies, Probable Hydrologic Consequences assessments, Alluvial Valley Floor investigations, and water rights evaluations for surface and underground coal mining operations and coal development projects in Wyoming, Utah, and Colorado. He designed diversions and sediment ponds to support mining and reclamation operations and evaluated the impact of these features on the hydrologic balance as required by regulations. The design procedures involved the application of various surface water hydrology and erosion and sediment transport computer simulation programs. MT. GUNNISON NO. 1 MINE, SOMERSET, COLORADO Dr. O'Hayre prepared the probable hydrologic consequences assessment required for a permit to conduct underground coal mining at the Mt. Gunnison No. 1 Mine. The assessment required an evaluation of mine inflows and the impacts of mine subsidence on surface water and groundwater resources and the development of mitigation measures to protect the fracture controlled drainages. FORMER ANACONDA MINE AND MILL SITE, YERINGTON, NEVADA Dr O'Hayre performed a ground water contamination and remedial

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investigation at this closed copper mine and milling facility located near Yerington, Nevada. Studies included monitoring well completion, soils and waste sampling, geophysical investigations, pumping tests, water quality and isotope studies, and characterization of ground water flow systems and extent of contamination. He applied a numerical ground water flow model to this site to evaluate mitigation and remediation alternatives. BUTTE MINING DISTRICT, MONTANA Dr. O'Hayre reviewed and analyzed a CERCLA Remedial Investigation Plan for Butte and associated mining areas. This effort included preparation of recommendations for improving and focusing investigations of water contamination from leaching and runoff from mine waste sites and for identification of other sources and pathways for contamination of surface and ground water in the investigation area. 1975­1980, SCHOOL OF FORESTRY & ENVIRONMENTAL STUDIES, YALE UNIVERSITY, NEW HAVEN, CONNECTICUT ASSISTANT PROFESSOR Dr. O'Hayre was Assistant Professor of Hydrology at Yale University, where he taught an introductory course in Hydrology and advanced seminars in Water Resources Management and in Analysis and Modeling of Subsurface Hydrologic Processes. His research work included evaluation of the effects of land management practices and mining on water quality, design of best management practices to mitigate impacts of land disturbance on water quality, lake eutrophication management, modeling ground water lake interactions, and modeling the variable source area hydrologic response on small watersheds. Co-Chaired the Council on Water Company Lands sponsored by Yale University and the New Haven Water Company. He also assisted the U.S. Forest Service in the development of a non-point pollution abatement and control handbook

SELECTED SEMINARS AND PUBLICATIONS
O'Hayre, A. P., S. Okeson and J. Cline 2006. Adaptive Management of the Assililative Capacity of the Powder River For Discharge of Coal Bed Natural Gas Produced Water. 2006 AWRA Summer Speciality Conference, Adaptive Management of Water Resources, Missoula Montana, June 26-28, 2006. O'Hayre, A. P., M. J. Day and James Thomson 1993. Hydrologic Characterization of a Superfund Site: Remedial Investigation through Remedial Action. Proceedings of the 1993 Georgia Water Resources Conference, University of Georgia., April 20-21, 1993. Day, M. J and A. P. O'Hayre 1987. Evaluation or Hydraulic Properties of

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a Confining Zone at the French Limited Hazardous Waste Site, Crosby, Texas. HAZTECH International, Conference Proceedings, St. Louis, Mo. August 26-28, 1987. O'Hayre, A. P., M. J. Day and D. Conn. 1987. A Semi-Empirical Method for Predicting Hydrologic Impacts of Underground Mining in FractureControlled Groundwater Flow Systems. AWRA Symposium Proceedings: Water Resources related to Mining and Energy - Preparing For the Future. (R. F. Dworsky, ed.) Bowles, D.S., J.L. Grant, W.E. Humphries and A.P. O'Hayre 1985. Design and Impact Analysis for Diversion at Coal Creek Mine. Water Resources Bulletin, Vol 21(6):995-1003. O'Hayre, A. P. 1984. "Water Quality Standards: The Implications for Mine Discharge Effluent Limits." Annual Meeting of the American Institute of Mining Engineers, Los Angeles. O'Hayre, A. P. 1982. "Coal Mining: Water Use and Hydrologic Impact" Seminar on Water's impact on energy and mineral development, University of Colorado at Denver, February 17, 1982. O'Hayre, A.P. and J. F. Dowd. 1979. Uncertainties in applying lake management strategies. Proc. Lake Management Conference. Univ of Connecticut, Institute of Water Resources, Report No. 30. O'Hayre, A. P. and A. C. Mace. 1978. Hydronomic Analysis: A Method for Regional Analysis of Economic and Water Resources Relationships. Journal of Environmental Management O'Hayre, A. P. and J. F. Dowd. 1977. Water Quality Management for Municipal Water Supply Watersheds. 13th Annual American Water Resources Association Conference, Tucson, AZ.