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March 2000 Record of Decision Page 7
<br />III. REQUIRED MITIGATION/STIPULATIONS AND MONITORING
<br />Federal Regulations at 43 CFR 3400 pertaining to Coal Management make provisions for the
<br />Surface Management Agency, the surface of which is under the jurisdiction of any Federal
<br />Agency other than the Department of Interior, to consent to leasing and to prescribe conditions
<br />to insure the use and protection of the lands (Final EIS, Section 1.5, Decisions to be Made).
<br />Part of this lease contains lands the surface of which are managed by the United States
<br />Department of Agriculture, Forest Service, Grand Mesa-Uncompahgre-Gunnison National
<br />Forests.
<br />Forest Service consent to leasing the Elk Creek Coal Lease Tract is conditioned on application
<br />of stipulations listed below. All the stipulations pertain to the Lessee responsibility for mining
<br />operations on the lease area and on adjacent areas as may be specifically designated on
<br />National Forest System Lands. The stipulations are based on mitigations discussed in Chapter
<br />3 of the Final EIS, stipulations included in Appendix J of the Final EIS, and other resource
<br />concerns.
<br />At the end of each Mitigation/Stipulation, there may be a parenthetical reference (e.g.:
<br />Mitigation V-1 and V-2). This refers to where the mitigation was identified in Chapter 3 of the
<br />Final EIS. In this example the mitigation could be found in the mitigation table for the
<br />Vegetation resource.
<br />1. The Lessee shall be required to perform a study to secure adequate baseline data to quantify
<br />existing surface resources on and adjacent to the lease area. Existing data may be used if
<br />such data are adequate for the intended purposes. The study shall be adequate to locate,
<br />quantify and demonstrate the interrelationship of the geology, topography, surface hydrology,
<br />soils, vegetation and wildlife. Baseline data will be established so that future programs of
<br />observation can be incorporated at regular intervals for comparison. (Mitigations S-1, S-2,
<br />SO-1, SW-1, GW-1, GW-6, V-2, W-2, Final EIS, Appendix J).
<br />2. With specific regard to water resources, the Lessee will be required conduct a survey of all
<br />existing water resources (including gain/loss analyses on Hubbard Creek) adjacent to,
<br />originating on or flowing over the lease tract (including state adjudicated water rights, stock
<br />ponds, 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 decree, beneficial
<br />use, current and historical flow (including seasonal/annual variation), and the appropriation and
<br />adjudication dates.
<br />3. The Lessee shall be required to establish a monitoring system to locate, measure, and
<br />quantify the progressive and final effects of underground mining activities on the topographic
<br />surface, subsurface and surface hydrology, soils and vegetation. The monitoring system shall
<br />utilize techniques which will provide a continuing record of change over time and an analytical
<br />methods for location and measurement of a number of points over the lease area. (Mitigations
<br />S-2, S-3, SO-1, SW-2, SW-7, SW-8, SW-9, GW-1, GW-2, GW-6, Final EIS, Appendix J).
<br />4. Mining that would cause subsidence will not be permitted under perennial portions of
<br />Hubbard Creek. Further, mining that would cause subsidence will not be permitted within a
<br />zone under these drainages created by projecting a 25 degree angle of draw (from vertical)
<br />from the surface expression of the creeks down to the top of the coal seam to be mined.
<br />(Mitigations SW-3, SW-5, SW-7, GW-2, GW-3).
<br />Forest Service -Elk Creek Coal Lease Tract
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