2011-03-22_PERMIT FILE - C1981022A (2)

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. ~ i ~ ~ ~o 0 . ?oooQ s~~T ~ FCc,~ ~©,,c~ 9. Water Replacement Plan. (A) Lessee shall replace, in a manner consistent with state lave'; tl~ ~f water supply of any owner of a vested water right which is proximately injured as a result d~~ C~' mining activities. •~~ 10. Lessee, will conduct an inventory of all existing water sources (including gain/loss analyses on Elk, Bear and Hubbard Creeks) adjacent to, originating on or flowing over the lease tract (including state adjudicated water rights, stock ponds, springs, etc.) which may be impacted by subsequent mining activities. At a minimum, this inventory will include: the water right holder, location, source, amount of decree, beneficial use, current and historical flow, (including seasonaUannual variation), and the appropriation and adjudication dates, In addition to the water inventory, the lessee shall be required to establish a water resource monitoring program to locate, measure and quantify the progressive and final effects of underground mining activities on the water resources potentially affected by mining. Monitoring of water resources would continue until a determination is made by the CDMG that there would be no injury.to water resources. 11. Lessee shall formulate a water replacement plan to.replace the possible loss of water resulting from mining activity of the 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 wat2r of suitable quality and water right seniority to provide for all existing uses (including sources supporting livestock and ecosystem, and other land uses as authorized by 36 CFR 251) 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. 12. Fueling and lubricating vehicles are prohibited within 100 feet of streams and wetlands. No fuel storage is allowed within 500 feet of any water bodies. 13. A pillar stability analysis shall be used to design chain and barrier pillars for long termstructural integrity where needed to protect surface resources.: 14. All or part of the land included in COC-61357 and subsequent modifications, are in the Springhouse Park Inventoried Roadless Area (IRA) and maybe subject to restrictions on road- building pursuant to rules and regulations of the Secretary of Agriculture applicable at the time any road may be proposed on the lease. Locations of any proposed surface use will be verified for relationship to IRA boundaries using site-specific maps if/when surface operations are proposed. 15. No surface occupancy is allowed for exploration, methane drainage, or ventilation and/or escape shafts in the modification area. 16. No surface occupancy or use is allowed on the lands defined as a wetland, floodplain or riparian area.