2010-11-16_PERMIT FILE - C1996083A (26)

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the Dam Safety Engineer, Colorado State Engineers Office, Water Division 4 and appropriate affected parties. (C) Existing Forest Service owned or permitted surface improvements will need to be protected, restored or replaced to provide for continuance of current land uses. With specific regard to the Bruce Park Reservoir and dam, should structural damage result from mining-related activities, the lessee shall be responsible for damage repair and compensation to the injured party or parties. (D) The structural integrity of the coal in the chain and barrier pillars under Terror and Hubbard Creeks shall be designed and maintained for long term support. Backfilling or structural supports may be required to achieve long term support under the creeks and the structure upon retreat mining. A pillar stability analysis shall be used to design chain or barrier pillars for long term structural integrity where needed to protect surface resources. (g) Transportation of Coal. The lessee will have thirty (30) months from the date of lease issuance to obtain alternative means for transporting the coal from the mine to the rail loadout. After that date, no federal coal from the lease will be transported via truck on State Highway 233 with the exception of specialty coal and instances of force majeure. In cases of force majeure, the lessee must obtain approval of the authorized officer. (h) Surface Disturbino Activities. Any surface disturbance related to installation of degasification boreholes, ventilation shafts, drill holes or any other surface-disturbing activity must be approved by the surface management agency. The lessee/operator will be responsible for soil preservation/protection and final reclamation. For reclamation that would require reseeding, a certified weed free source of seed would be used. The lessee will be responsible for controlling spread of, and eradicating noxious weeds. (i) Additional Stipulations for Fores[ Service Lands. (1) Mining that would cause subsidence will not be permitted under perennial portions of Terror Creek, Hubbard Creek and Dove Gulch. Further, mining that would cause subsidence will not be permitted within a zone under these drainages created by projecting a 25 degree angle of draw (from vertical) from the surface expression of the creeks down to the top of the coal seam to be mined. (2) 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. (3) 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. (4) No surface occupancy or use will apply to all wetlands, floodplains and riparian areas on the National Forest. (6) With regard to protecting elk on the winter range during calving season, and minimizing surface damage, no surface use {exploration, drilling and development activity) will be allowed from December 1 to June 15. (6) If new road access is required for the construction of degasification boreholes or ventilation shafts, accesses will be pbliterated. Until obliteration, all new access will be closed to the public. (7) 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 Register/Vol. 64. No. 29/Friday, February 12, 1999, pages 7290 through 7305, These lands will also be subject to the final road management policy which will be set within 1D months. No road construction will be allowed within the unroaded area until the Forest service adopts its revised road management policy or 18 months from the effective date of this final interim rule, whichever is sooner.