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(B) Lessee will conduct an inventory of all existing water sources (including <br />gain/loss analyses on both Terror and Hubbard Creeks) adjacent to, originating on or <br />flowing over the lease tract (including state adjudicated water rights, stock ponds, <br />springs, etc.) which 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 the water <br />inventory, the Lessee shall be required to establish a water resource monitoring <br />program Lo 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 water sources, including those presently <br />adjudicated and historically put to beneficial use in the Terror Creek and Hubbard <br />Creek 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 />authorities, and shall be approved by state authorities before mining in the <br />particular drainage. .4t 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 time:Ly manner. As part 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 water 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/II mile buffer zone (660 ft) will 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 />the BLM and/or USFS authorized officer. The HLM or USFS will coordinate with the <br />USFWS and CDOW to det ex-mine the type and extent of allowable variances. A site <br />specific analysis will determine if this stipulation will apply. <br />(e) Road Riaht-of-Wav. No mining related disturbances will occur within 100 <br />feet of the outside lir,.e 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 ~g ;--; <br />protect the road from subsidence will be dictated by the approved CDMG Mine-Permi-t'~, <br />Application Package, (the estimated angle of draw 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--tiy <br />the BLM Authorized Officer that the interests of the public and the landowners, <br />affected by mining within 100 feet of a public road will be protected. ~ ~ ~ - <br />,_~ <br />(f) Subsidence. (A) Except at specifically approved locations, mining that <br />would cause subsidence will not be permitted within a zone under Terror Creeltij? ~., <br />Hubbard Creek and the Curecanti-Rifle 230/345 powerline. The zone is determi,r~~d by~i <br />projecting a 25 degree angle of draw (from vertical) from the surface express inn of <br />the creeks and powerline down 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 translated effects to <br />the Bruce 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 />Reservoir 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 a~~tivities on the Bruce Park Reservoir. The monitoring system <br />shall utilize techniques which will provide a continuing record of change over time <br />and an analytical method for location and measurement,of a number of points over the <br />lease area. The study and monitoring program .shall be developed in consultation with <br />