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(REVISED 3.9-95) <br />Serial No. C-56447 <br />NO SURFACE OCCIIPANCY STIPULATION <br />HIGH GEOLOGIC HAZARD • <br />No surface occupancy or use is alloyed on the lands described below (legal <br />subdivision or other description) except when a waiver, exception, or <br />modification (WEM) to this stipulation is granted. See WEM clause below. <br />Portions of Sec. 14, 22, 23 and 26, T13S, R90W, 6th PM are characterized by <br />high geologic hazards defined as active mudflows, active earchflows, active <br />landslides and areas prone to avalanche. Presumed areas of No Surface <br />Occupancy are generally delineated on the attached map dated 3-8-95. The <br />map is for planning purposes only. The application of the definition of <br />high geologic hazard to ground conditions will determine whether the <br />stipulation applies. In the event of any conflict between written clauses <br />of this stipulation and the map, the stipulation clauses shall control. All <br />National Forest System Land within the leasehold which is classified as <br />high geologic hazard falls under jurisdiction of this stipulation. <br /> <br />For the purpose of: <br />Avoidance of areas with high geologic hazard to prevent further mass slope <br />failure. <br />It may become necessari for a :raiver, exception or modification (W&K) to <br />this stipulation for the opera cor/lessee to use the surface in the are <br />covered by this s:ipulac'_on to allow for the recovery of the coal reservf• <br />WEM's to this stipulation -ii: be considered only at the time operation- <br />are proposed, and wi_i ba subject to the Forest Land and Resource <br />Management Plan in effec= at .::e time of consideration, and will be subject <br />to applicable regulato--: atd environmental compliance requirements. <br />Granting of a WE21 is a Forest Service discretionary action which the <br />operator should no- rouc_ne_~: expect. The Forest Service reserves the <br />right to impose other s~'_~ui:.t:ons in the same area of this leasehold if a <br />4; EM is granted. <br />Conditions under which a WE'f may be granted include the following: <br />1. Use of the area fora shore distance or a small area. <br />2. Mitigation and design can minimize impacts to soil and visual <br />resources, for example, powerlines and waterlines required through Chese <br />areas shall be constructed co minimize impacts, <br />3. No other alternaci:•e vocation Eor Facilities and activities associated <br />with coal mining is practical because of environmental effects and <br />operational considerations (eg, economics, health and safety, etc.). <br />Any changes to this stipulation will be made in accordance with the Land use <br />plan andfor the regulatory provisions for such changes. (For guidance on the <br />use of this stipulation, see BL'i 'fanual 1624 and 3400 or FS Manual 1950 and <br />2820.) • <br />Coal-NSO-HGH 2/95 <br />