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JAN, -06' 04 (TUE) 08:30 <br />I• <br />P. 008 <br />lB) Lessee will conduct an inventory of all existing water sources (including <br />gain/lose analyses on both Terror and Hubbard Creeksl adjacent to, originating on ^r <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 i.nvontory will include:che water right holder, location, source, amount of. <br />decree, beneficial use, currant and historical flow (including seasonallannual <br />variation), and the appropriation and adjudi.catian dates. T.n addition to the water <br />inventory, the Lessee shall be required to establish a water resource monitoring <br />program to locate, measure and quantify the progressive and final effects of <br />underground mining activities or. the water resources potentially affected by mining. <br />Monitoring of water resources would cont.j.nue until a detarminacion is made by the <br />cbMG that there would be no injury co 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 watez <br />.replacement plan will include all existing water sources, including those presently <br />,adjudicated and historically put to beneficial u9e in the Terror Czeek and Iiubbard <br />Creek drainages. The water replacement plan for each respective drainage shall be <br />developed after consultation with affected water right users, and federal ar_d state <br />auchor.ities, and Shall be approved by state authorities before mining in the <br />particular drainage. At a mlclimum, the water replacement plan will require, upon <br />injury, replacemene of water of suil-able 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 />o£ diversion in a timely 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 />ID} Fueling and lubricating vehicles are prohibited within 100 foot of <br />streams and wetlands. No fuel storage is allowed within 500 feet o£ any water <br />bodies. <br />(2) Riparian 2nnes. A 1/B 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 disrurbances will require approval of <br />the flLM and/or vSFS authorized officer. The sLM or vSFS will coordinate with the <br />uSFWS and CDOw co determine the type and extant of allowable variances. A site <br />specific analysis will determine if this stipulation will apply. <br />(eI itoad Rieht-^f-Way. No mining related disturbarices w_11 occur within 100 <br />feet of the outside line of the right-of-way of Hubbard Creek County Road (4n.05 <br />Drive) as identified in Unsuitability criterion 3. The angle of draw used Cq _ <br />protect the road fran subsidence will be dictated by the approved CDMG Mine Perm}Y.~ <br />Application Fackage, (the estimated angle oL• draw j,s conservatively estimated'~to be <br />25 degrees). However, mining related disturbances may occur if, after public•notiGe <br />and the opportunity for public hearing in the locality, a wri=ten finding is made'•}ay' <br />Che 13LM Authorized OEL•icer chat the interests of the public and the landowners, <br />affected by mining within 100 feat of a public road will be nrotecred. .' <br />- ~•~ <br />(f1 R:rbsidence. (A) Excep: ac specifically approved locations, mining tTrat ~ <br />would cause subsidence will not be permir_tad within a zone order Terror Creekj? <br />rubbard Cree]c and the Curecanti-Rifle 230/3d5 powerline. The zone is determirl~d by,~~ <br />projectirq a 25 degree angle of draw (from vertical? from the sv,rface sxpressi:on of <br />the creeks and powerline down co the top of the coal seam to ba mined. <br />(S; The lessee shall ba required to perform a study to establish baseline <br />rondi.tions, potential mining-induced seismicity and potential trans7.ated effects to <br />the Ai-uce Park (Terror) Reservoir and dour. Thy study will be co:ngleted prior Co any <br />underground mining activity (including subsidence) wi *_hin one mild of the sruco Par7c <br />Reservoir and dam. The Lesser- shall also ba re[paired to aster ;lisp a selsmie <br />mcnitoring program to loca r..c, measure and quantify any progressive and final effects <br />of yndergtound min i.ng acLiVici es on rile IIruce Park Reservoir. The monitoring system <br />shall utilize techniques which_ will provide a concinuiag record of change over times <br />and an analytical method for lccacion and measurement of a nu_-~bcr of pointy over the <br />lease area. The study and monitoring program shall be developed in consultation with <br />