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l 4. 4 Sec. 31. Special Stipulations (continued) (c) The le saee shall replace in a manner consistent with ata to law the water supply of any owner of a vested water right which is proximately injured as a result of the mining activities. (d) The lessee shall formulate a water replacement plan to replace the possible loss of water presently adjudicated and historically put to beneficial use in Coal Gulch, East Roatcap Creek, West Roatcap Creek, Stevens Guleh and Terror Creek. The water replacement plan for each respective drainage shall be developed after consultation with affected water right users, and federal and state authorities, and shall be approved by state authorities before mining in the particular drainage. ' (e) As part of each water replacement plan the lessee shall furnish information, to the BLM, which demonstrates its legal and physical ability io implement said plan. A Source of replacement water may include, but is not limited to, [he transfer of water rights,an augmentation plan, a long term water use lease, or compensatory storage. _ ~ _ (f) In the East Roatcap Creek watershed, an acceptable plan (submitted as part of the mine plan) prepared in consultation with affected water right-users, and- federal and state authorities, shall be for the lessee to re-route the water in East Roatcap Creek diverted from the Overland Ditch, around the coal lease ~ tract. In addition, the plan shall show that protection can be provided through supplementation, improvement of conveyance systems, or other comparable ', means, for East Roatcap Creek surface runoff water presently adjudicated and put to beneficial use which la subject to potential injury resulting from coal mining. The re-routed water which is presently released into East Roatcap Creek from the Overland Ditch, will be diverted to West Roatcap Creek (via Overland ~I Ditch) and delivered to the original points of use wl thout causing injury to the water quality, quantity, or timing. The re-routing of water shall be carried out before any mining occurs in the watershed which the water is currently conveyed and in a manner which avoids interruption of water delivery. (g) Coal extraction will be limited in buffer zones established along East Roa [c ap Creek and Stevens Gulch where the overburden is 600 fees thick or less in order to prevent all surface and subjacent disturbance to the overburden. ' I£ necessary, access entryways needed [o extract the coal on the we sL side of these va ter courses will be permitted though the buffer zones. The buffer zones will include the above mentioned bank-full stream channels and the alluvial/c of luvial fill associated with them. The angle of draw used to protect these areas from subsidence will be dictated 6y site-specific geologic and mining conditions (the estimated angle of draw for the lie sa Verde formation is 15 to 20 degrees). (h) On the lease tract, the coal extraction process will be designed and conducted pursuant to the rules and regulation of the Colorado Mined land Reclamation Board. (i) The lessee, before issuance of the mine permit, will conduct and provide to BLM an inve niory of all existing state adjudicated water rights in and adjacent to the lease tract which may be impacted by subsequent mining activities. At a minimum, this inventory will include: the water right holder, location, source, amount of decree, beneficial use, historical flow, and the appropriation and adjudication dates. Board. Compliance wl th this mitigation shall be assured by an increase in the $LM administered lease bond for a monetary amount and for a time period to be determined in consultation with state and federal authorities, affected water users, and the lessee. ,I (j) Existing cross-tract and on-tract water flows shall be maintained by the lessee 7s even following release of the permit bond by the Colorado State Mined land Reclamation (k) State-of-the-art mining techniques (pillar and panel widths, rate of coal development and extraction, mine method, determining angle of draw, etc.) shall be used in areas identified in Unsuitability Criteria 2, 3, 14, and 19 (maps ' attached) to control subsidence. These techniques would provide fox maximum coal removal while insuring that sufficient coal is left in place to prevent subsidence. %~