GENERAL53904

• Permit No: C1981022
• IBM Index Class Name: General Documents
• Doc Date: 4/6/2000
• Doc Name: RECORD OF DECISION Elk Creek Lease Tract COC 61357
• Permit Index Doc Type: GENERAL CORRESPONDENCE
• Media Type: D
• Archive: No

March 2000 Record of Decision Page 8
5. The lessee shall replace in a manner consistent with state law the water supply of any owner
of a vested water right which is proximately injured as a result of the mining activities.
(Mitigation SW-4)
6. 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 Elk Creek, Bear Creek and Hubbard Creek drainages. 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), 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 and SW-4)
7. With respect to bald or golden eagle nests which may be established on the Elk Creek
Lease during the life of the project, the following shall apply:
a. No new permanent surface facilities or disturbances shall be located within a 1/4 mile radius
buffer zone around each bald or golden eagle nest site.
b. No above ground activities will be allowed within a'fz mile radius buffer zone around each
active eagle nest site from November 15 to July 30 for bald eagles, and around each active
golden eagle nest site from February 1 to July 15.
c. Any proposed surface facilities, disturbances or activities (noted above) in, or adjacent to,
these buffer zones will require approval from the BLM or USFS on asite-specific basis, after
consultation with the U.S. Fish and Wildlife Service. (Mitigation TW-1, TW-2, and Unsuitability
Criterion 11)
8. With respect to bald eagle winter roost sites or concentration areas which may become
established on the Elk Creek Lease during the life of the project, the following special
stipulation shall apply:
No above ground activities will be allowed within a 1/4 mile radius of winter roosts
between November 15 and March 15; development may be permitted at other periods.
If periodic visits are required within the buffer zone after development, activity should be
restricted to the hours of 10:00 am and 2:00 pm from November 15 through March 15.
(Mitigation TW-1, TW-2, and Unsuitability Criterion 12)
9. With respect to other raptors (except American Kestrel) which may occur or become
established on the Elk Creek Lease during the life of the project, the following special
stipulation shall apply:
Conduct surveys for nesting raptors on the lease tract prior to development of any
surface facilities. No surface activities will be allowed within '/z mile radius of active nest
sites between the dates of February 1 arid August 15, unless authorized BLM or USFS
on a site specific basis. (Mitigation TW-1, TW-2, and Unsuitability Criterion 14)
BLM -Elk Creek Coal Lease Traci