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requested modifications. Finally, as we emphasized during the meeting, to preclude a <br />potential conflict with the planned schedule of mining, time is of the essence with respect <br />to the OSM approval of the Elk Creek Federal coal lease mine plan. Many components of <br />the final Water Replacement Plan are to be completed in atwo-Phased approach, and <br />have not yet been completed. Recognizing this, the BLM requested that a timeline be <br />provided for the remaining schedule of activities and commitments. OMLLC specifically <br />requests that the two Federal agencies review the enclosed information and the Plan <br />timeline as expeditiously as possible. After such a review, OMLLC requests that the <br />BLM and USFS provide a mine plan approval concurrence letter to the OSM so that <br />mining on the Federal coal lease can begin as soon as possible. <br />Comments regarding the Mazch 10, 2003 letter. <br />While the "Recipe for a Water Replacement Plan Associated with Coal <br />Mining Activities" acknowledges the use of referenced materials the BLM has <br />requested that the reference materials be provided in a separate stand-alone <br />submittal. Enclosed is a three-ring binder with additional copies of the <br />requested materials. <br />2. The hydrologic resources inventory of the Elk Creek lease had been <br />completed by OMLLC during the Colorado Division of Minerals and Geology <br />permitting process and the Environmental Impact Statement process <br />completed in February, 2000. The information has previously been submitted <br />to CDMG and additionally to the BLM and USFS agencies. We have enclosed <br />another copy of the hydrologic resources information in the attached binder. <br />OMLLC believes the inventory is complete and accurate. <br />3. Since OMLLC mining activities do not encroach on Hubbazd Creek nor the <br />subsidence protection zone, we agreed during the meeting that again/loss <br />analysis would be unnecessary. Further, the baseline hydrologic inventory <br />indicates Bear and Elk Creeks are ephemeral streams, flowing only in <br />response to snow melt and rainfall. During the recent past, flows in these <br />drainages have been almost non-existent. As-such, a traditional gain/loss <br />analysis of these two streams would be problematic to obtain and of little <br />technical value. Potential alternatives for monitoring of the streams were <br />discussed at our meeting with the final resolution to occur during Phase II of <br />the Water Replacement Plan timeline (shown below). <br />4. OMLLC's CDMG permit summarizes it's water rights holdings. OMLLC <br />presented the BLM with copies of the information regarding OMLLC's <br />deeded water rights and ability to use these rights to replace or augment <br />unexpected depletions. A copy of the OMLLC water rights information is <br />included as Appendix 5 in the enclosed materials. Phase II of the Plan will <br />address any additional proposals regarding water loss mitigation. <br />