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~ N <br />(g) Transportation of Coal. Lessee will have thirty (30) months from the <br />date of lease issuance to obtain aitemative means for trmrsporting the coal <br />from the mine to the rail loadout Attu that date, no Federal coal from the <br />lease will be transported via track on State Highway 133 with the <br />exception of specialty coal and instances of force majeure. Ice cases of <br />force majeure, lessce must obtain approval of the AO. <br />(h) Surface Disturbine Activities. Any surface disturbance related m <br />installation of degasification boreholes, ventilation shafts, drill holes or <br />any othu surface-disturbing activity must be approved by the surface <br />management agency. The lessee%pemtor will be responsible for soil <br />preservadonlprotection and fmal reclamation. For reclamation that would <br />require reseeding, a certified weed free spume of seed would be used <br />Lessee x411 be responsible for controlling spread of, and eradicating <br />noxious weeds. <br />(i) Additional Sfinuladons for Forest Service Lands. (I) Specific approval <br />will be required for locating drill sites, degasification boreholes or <br />ventilazion shafts or any othu surface disturbances (if they are needed) in <br />areas of moderate geologic hazards and on slopes ranging from 40 m 60 <br />percent <br />(2) Drill sites, degasification boreholes, .ventilation shafts or any odter <br />surface disturbances will not be located on slopes in excess of 60 percent <br />min areas of high geologic hazard <br />(3) No surface occupancy or use will apply to all wedands, floodplains <br />and riparian areas ou the National Forest. <br />(4) With regard [o proteGipg elk oa the winter range and minimiang <br />surfase damage, no surface use (exploration, drilling and development <br />activity) will be allowed from October 1 through May 15, or whenever <br />conditions in the spring allow operations without caztsing surface damage <br />Operations between October 1 and the Friday preceding regular big game <br />hunting season maybe allowed during dry weather upon wrinen <br />authoriradon of the Forest Service. <br />(5) If new road access is required for coastmction of degasificatian <br />boreholes or ventilation shafts, accesses will be obliterated. Until <br />obliteration, ell new access will be closed to the public Long term access <br />will be by foot and horse. <br />(6) Lands contained within sec. 33 and 34, T. 12 S., R. 91 W., 6t6 P.M. <br />are subject m the Forest Service Interim Rule, Administration of the <br />Forest Service Development Traaspottadon System: Temporary <br />Suspension of Road Consmrcdoa and Reconstmetion in Utuoaded <br />Areas, Federal Re if stet Vol. 64. No. 29. Friday, February 12, 1999, <br />pages 7290 through 7305. Tluse lamis will also be subject to the 5na1 <br />road management policy wbich will be set within 18 months. No road <br />t`~ t'ac(~a ~ E l~ NsOnJ <br />Company or Lessee Name) <br />~ ~ 1~~~-t <br />(Signature of Lessee) <br />/~ /G r~I~ <br />(Title) 7, ,N _;~ ;,: <br />(Date) -~•--'~-:- <br />Service adopts its revised road management policy or IS months from the <br />effective date of Ibis final interim role, whichever ti sooner. <br />(7) Lessee shall provide shall provide far the suppression and control of <br />tugidve dust on roads used by the lessee. <br />(8) Lessee will be required to comply with BLM stipulations regarding <br />transport of coal from the lease. <br />(9) Lessce shall be required m perform a study m secure adequate baseline <br />data m quantify existing surface resources on and adjacent to tits lease <br />area P.xisdng data may be used if such data are adequate for the intended <br />proposes. The study shall be adequate to locate, quantify and demonstrate <br />the interrelationship of the geology, topography, surface hydrology, soils, <br />vegetation and wildlife. Baseline data will be established so that future <br />programs of observation can be incorporamd az regular intervals for <br />comparison. <br />(10) Lessce shaft be requtred m establish a monitoring system m locae, <br />measure, and quantify the progressive and final effects of underground <br />mining activities on the mpograpbic surface, subsurface and surface <br />hydrology, soils and vegetation. The monitoring system shall utilire <br />tedtniques which will provide a continuing record of change over time <br />and an analytical method for loradon and vteasurement of a number of <br />points over the lease area <br />(11) Licensee/petmittee/lessce must comply with all the roles and <br />regulations of the Secretary of Agriculture set forth az Tide 36, Chapter IT, <br />of the Code of Federal Regulations governing the use and management of <br />the National Forest System (NFS), when dot inconsistent with the tights <br />and regulations, musEbe complied with for (a) all use and occupancy of <br />the NFS prior to approval of a permiUopemdoa plan by the Secretary of <br />the Interior, (b)raes of all existing improvements, such as Forest <br />Development Roads, within and outside the area licensed, permitted or <br />leased by the Setaetary of the Interior, and (c) use and occupancy of the <br />NFS not authorirsd by a permitloperating plan approved by the Secretary <br />of the Interior. <br />Aft matters related to this stipulation aze to be addressed m: <br />Forest Supervisor <br />Grand Mesa, Uncompahgre and Gunnison National Forests <br />2250 Highway 50 <br />Delta CO 81416 <br />who is the authorized representative of the Secretary of Agriculture. <br />Sigoatwe of lirxnsedpermitterllessce <br />,( ' gninc fits=), 1i~~ ~ ,,, <br />(Tile) <br />(D e) <br />•: <br />