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could cause subsidence, an appropriate augmentation plan for replacement water will be <br />decreed. The augmentation plan will consider drought conditions and the limitations of <br />local water supplies. <br />• The lessee /operator would design the layout of longwall panels to minimize impacts to <br />West Fork Terror Creek. Primarily, this will consist of orienting panels approximately <br />parallel with the creek as currently proposed and represented in the Subsidence Report <br />(WWE, 2013a), thus reducing the number and severity of transitions from subsidence to <br />non - subsidence zones. <br />The lessee /operator would design and implement a stream flow measurement program. <br />The program will consist of establishing monitoring stations upstream and downstream of <br />the expected subsidence area on West Fork Terror Creek. Flow monitoring stations will <br />be designed and calibrated by water resource engineers and will focus on continuous <br />measurements of low and base flow conditions (i.e., summer through late fall). <br />Lessee /operator staff will have trained staff available to conduct site visits to ensure <br />continuous flow measurements are recorded on a minimum monthly schedule, weather <br />permitting. Flow data will be compiled into an annual report that will include comparisons <br />to previously collected data. This report will be submitted to the BLM, USFS and <br />USFWS. <br />The lessee/operator will conduct fish, sediment and macroinvertebrate sampling (as <br />performed by WWE and MEC in 2012) every two years during and twice following the <br />mining activities (at 5 and 10 years periods) prior to bond release. A report should be <br />distributed to the BLM, USFS and USFWS documenting if statistically significant <br />declines are observed related to mining activities. If a statistically significant decline in <br />the fishery within the subsidence area results from the Proposed Action (i.e., a decline at <br />sites within the subsidence area does not correlate with a decline in the fishery outside the <br />subsidence area), the lesseeloperator will investigate the cause of the decline. If the <br />decline is resulting from habitat changes as a result of longwall mining induced <br />subsidence, the operator/lessee will engage a fish habitat ecologist to design habitat <br />enhancement structures to mitigate the observed impacts. If a decline in fish numbers <br />persists following mitigation of an observed physical or chemical impact, the <br />lessee/operator will work with CPW to capture and grow out fish populations from <br />appropriate breeding stock. The lessee/operator will establish a minimum of two <br />subsidence monitoring gridlines across the stream channel in areas of anticipated vertical <br />displacement that will be surveyed prior to and following longwall mining beneath the <br />area. These survey data will be used to confumViefine the subsidence predictions for the <br />area. The results of these surveys, as available, will be included in the previously <br />mentioned annual Monitoring Report and distributed accordingly. <br />Bald and Golden Eagle Nest Sites <br />• No new permanent surface facilities or disturbance except subsidence would be located <br />within a one - quarter mile radius buffer zone around each bald or golden eagle nest site. <br />• No surface activities would be allowed within a one -half mile radius buffer zone around <br />each active eagle nest site from November 15 to July 30 for bald eagles and February 1 to <br />July 15 for golden eagles. Any proposed surface facilities, disturbance, or activities (as <br />noted above) in or adjacent to these buffer zones would require approval from the surface <br />4 <br />