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

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determination is made by the CDMG that there would be no injury to water resources. • (C) Lessee shall formulate a water replacement plan to replace the possible loss of water resulting from mining ac[ivity of the Iron Point Tract. The water replacement plan will include all existing water sources, including those presently adjudicated and historically put to beneficial use in the Terror Creek and Kubbard Creek drainages. The water replacement plan for each respective drainage shall be developed after consultation with affected water Tight 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, and be delivered to existing points of diversion in 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. (D) Fueling and lubricating vehicles are prohibited within 100 feet of streams and wetlands. No fuel storage is allowed withinc 500 feet of any water bodies. (2) Riparian Zones. A 1/8 mile buffer zone (660 ft) will be protected on either side of the riparian zones (or a buffer zone may be established in accordance with the surface management agency guidelines). No surface disturbances, except surface subsidence, will be permitted within these buffer zones unless no practical alternatives exist. All unavoidable surface disturbances will require approval of the aLM and/or US FS authorized officer. The BLM or USFS will coordinate with the US FWS and CDOW to determine the type and extent of allowable variances. A site specific analysis will determine if this stipulation will apply. (e) Road Rioht-of-Wav. No mining related disturbances will occur within 100 feet of the outside line of the right-of-way of Hubbard Creek County Road (44.05 • Drive) as identified in Unsuitability Criterion 3. The angle of draw used to protect the road from subsidence will be dictated by the approved CDMG Mine Permit Application Package, (the estimated angle of dra•N is conservatively estimated to be 25 degrees). However, mining related disturbances may occur if, after public notice and the cpportunity for public hearing in the locality, a written finding is made by the BLM Authorized Officer that the interests of the public and the landowners affected by mining within 100 feet of a public road will be protected. (f) Subsidence. (A) Except at specifically approved locations, mining that would cause subsidence will not be permitted within a zone under Terror Creek, Hubbard Creek, within 100 feet of the outside line of the the Curecanti-Rifle 230/345 powerline right-of-way, within 100 feet of the outside line of the right-of- way of Hubbard Creek County Road and under Dove Gulch. The zone is determined by projecting a 25 degree angle of draw (from vertical) from the surface expression of the creeks and powerline and road rights-of way, down to the top of the coal seam tc be mined. (B) The lessee shall be required to perform a study to establish baseline conditions, potential mining-induced seismicity and pocentia'_ translated effects to the Bruce Park (Terror) Reservoir and dam. The study will be completed prior to ary underground mining activity (including subsidence) within one mile of [he Bruce Park Reservoir and dam. The Lessee shall also be required to establish a seismic monitoring program to locate, measure and quantify the progressive and final effects of underground mining activities on the 9ruce Park Reservoir. The monitoring system shall utilize techniques which w_11 provide a continuing record of change over time and an analytical method for location and measurement of a number of points over the lease area. The study and monitoring program shall be developed in consultation with the Dam Safety Engineer, Colorado State Engineers Office, Water Division 4 and appropriate affected parties. (C) Existing or permitted surface improvements will need to be protected, restore= or replaced to provide for cou-nun r.ce o= current 1a-3 uses. Wit^ s=ec=== . regard to the Bruce Park Reservo_r and dam, should structura_ damage result from mininc-related activities, the lessee shall be responsible f_r damage re?air and compensation to the injured parry or parties. (D) The strut=oral incegr_ty of the coal ir. the chain and barrier pillars under Terror and Hubbard Creeks shall be desicned and maintained for long [erm