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IB) Lessee will cotzdnct an inventory of all e:cistina water sources (including <br />ga xn; loss analyses on both Te rror and Hubbard Creeks) adjacent tc, or_ginat~ng an or <br />flowing o,er the lease tract (including state adjudicated v/ater rights, stock ponds, <br />springs, etc.) ,huh ich may be impacted by subsequent mining activities. At a minimum, <br />this inventory will include the water right Holder, location, source, amount of <br />decree, beneficial use, current and historical flow (including seasonal/annual <br />variation}, and the appropriation and adjudication dates, In addition to tl-ie water <br />inventory, the Lessee shall be required to establish a water resource monitoring <br />program to locate, measure and quantify the progressive and final effects of <br />underground mining activities on the water resources potentially affected by mining. <br />Monitoring of water resources would continue until a determination is made by the <br />CDMG that there would be no injury to water resources. <br />(C) Lessee shall formulate a water replacement plan to replace the possible <br />loss of water resulting from mining activity of the Iron Point lease. The water <br />replacement plan will include all existing vaater sources, including those presently <br />adjudicated and historically put to beneficial use in the Terror Creek and Hubbard <br />Cx-eek drainages. The water replacement plan for each respective drainage shall be <br />developed after consultation with affected water right users, and federal and state <br />guthorities, and shall be approved by state authorities before mining in the <br />particular drainage. At a minimum, the water replacement plan will require, upon <br />injury, replacement of water of suitable quality and water right seniority to <br />provide for all existing uses (including sources supporting livestock and ecosystem, <br />and other land uses as authorized by 36 CFR 251) and be delivered to existing points <br />of diversion in a timely manner. As par[ of each water replacement plan the lessee <br />shall demonstrate its legal and physical ability to implement said plan. A source <br />of replacement water may include, but is not limited to, the transfer of water <br />rights, an augmentation plan, a long term v/a ter use lease, or compensatory storage. <br />(D) Fueling and lubricating vehicles are prohibited within 100 feet of <br />streams and wetlands. No fuel storage is allowed within 500 feet of any water <br />• bodies. <br />(2) Riparian Zones. A 1/8 mile buffer zone (660 ft) sviil be protected on <br />either side of the riparian zones (or a buffer zone may be established in accordance <br />with the surface management agency guidelines). No surface disturbances, except <br />surface subsidence, will be permitted within these buffer zones unless no practical <br />alternatives exist. all unavoidable surface disturbances will require approval of <br />tl'ic BLP1 dridi or USFS autl-io sized vifiCer. Ti,2 BLP1 or USFS will coordinate with th c^ <br />USFWS and CDOW to determine the Cype and extent of allowable variances. A site <br />specific analysis will determine if this sCipulation will apply. <br />(e) Road Riaht-of-Wav. No mining related disturbances will occur within 100 <br />feet of the outside line of the right-of-way of Hubbard Creek County Road (44.05 <br />Drive) as identified in Unsuitability Criterion 3. The angle of draw used co <br />protect the road from subsidence wi 11 be-dictated by the approved CDMG Mine Permit <br />Application Package, (the estimated angle of Brava is conservatively estimated to be <br />25 degrees). However, mining related disturbances may occur if, after public notice <br />and the opportunity for public hearing in the locality, a written finding is made by <br />the BLM Authorized Officer that the interests o' the public and the landowner S, <br />affected by mining within 100 feet of a public road will be protected. <br />(f) Subsidence. (A) Except at specifically approved locations, mining that <br />would cause subsidence will not be permitted within a zone under Terror CreeY;; <br />Hubbard Creek and the Curecanti-Rif 1e 230/345 power Line. The zone is determined by <br />projecting a 25 degree angle of draw (from vertical) from the surface expression of <br />the creeY.s and powerline doom to the top of the coal seam to be mined. <br />(B) The lessee shall be required to perform a study to establish baseline <br />conditions, potential mining-induced seismicity and potential r_ranslated effects tc <br />the Hruce Park (Terror) Reservoir and dam. The study will be completed prior to any <br />underground mining activity (including subsidence) within one mile of the Bruce Park <br />eservoir and dam. The Lessee shall also be required to establish a seismic <br />monitoring program to locate, measure and quantify any progressive and final effects <br />of underground mining activities on the Bruce Par Y. Reservoir. The monitoring system <br />shall utilize techniques va'rtich will provide a continuir,c record of change over time --. <br />and an analytical method for location and measuremenC of a number of points over the <br />lease area. The study and monitoring program shall be developed is consultation with <br />