GENERAL46521

• Permit No: C1981022
• IBM Index Class Name: General Documents
• Doc Date: 4/10/2000
• Doc Name: RECORD OF DECISION NORTH FORK COAL ELK CREEK COAL LEASE TRACT COC 61357
• Permit Index Doc Type: GENERAL CORRESPONDENCE
• Media Type: D
• Archive: No

March 2000 Record of Decision Pane f0
13. The Lessee shall formulate a water replacement plan to replace the possible loss of water
resulting from mining activity of the Elk Creek Coal Lease. The water replacement plan will
include all existing water sources, including those presently adjudicated and historically put to
beneficial use in the Hubbard Creek drainage. 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. At a minimum, the water replacement plan will require, upon injury, replacement of
water of suitable quality and water right seniority to provide for all existing uses (including
sources supporting livestock and ecosystem, and other land uses as authorized by 36 CFR .
251) and be delivered to existing points of diversion in a timely manner. As part of each water
replacement plan the lessee shall demonstrate its legal and physical ability to implement said
plan. A source of replacement water may include, but is not limited to, the transfer of water
rights, an augmentation plan, a long term water use lease, or compensatory storage. (Mitigation
S-4, SW-4, Final EIS, Appendix J).
14. Existing Forest Service owned or permitted surface improvements will need to be
protected, restored or replaced to provide for continuance of current land uses (Mitigation S-4,
SW-6, Final EIS, Appendix J).
15. A pillar stability analysis shall be used to design chain or barrier pillars for long-term
structural integrity where needed to protect surface resources.
16. The Lessee shall provide for the suppression and control of fugitive dust on roads used by
the Lessee. (Mitigation AO-1)
17. Fueling and lubricating vehicles will be prohibited within 100 feet of streams and wetlands.
No fuel storage will be allowed within 500 feet of any water bodies (Mitigation AR-1).
18. If new road access is required for construction of degasification boreholes or ventilation
shafts, new accesses will be obliterated. Until obliteration, all new access will be closed to the
public. Long term access will be by foot and horse (Mitigation TW-3).
19. No surface occupancy or use is allowed on the lands defined as a wetland, floodplain or
riparian area (Final EIS, Appendix J).
20. Specific approval will be required for locating drill sites, degasification boreholes or
ventilation shafts or any other surface disturbances (if they are needed) in areas of moderate
geologic hazards and on slopes ranging from 40 to 60 percent. (Final EIS, Appendix J)
21. Drill sites, degasification boreholes, ventilation shafts or any other surface disturbances will
not be located on slopes in excess of 60 percent or in areas of high geologic hazard (Final EIS,
Appendix J).
22. With regard to protecting elk on the winter range and minimizing surface damage, no
surface use (exploration, drilling and development activity) will be allowed from October 1
through May 15, or whenever conditions in the spring allow operations without causing surface
damage. Operations between October 1 and the Friday preceding regular big game hunting
season may be allowed during dry weather upon written authorization of the Forest Service
District Ranger. (Final EIS, Appendix J).
23. Lands contained within this lease are subject to the Forest Service Interim Rule,
"Administration of the Forest Service Development Transportation System: Temporary
Suspension of Road Construction and Reconstruction in Unroaded Areas", Federal
Forest Service -Elk Creek Coa! Lease Tract