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3 <br />In addition, there is potential for erosion due to steep grades, the drainage and the <br />geologically unstable slopes. <br />At this time, there is no crucial winter range within the Box Canyon Lease. <br />Therefore, the Unsuitability Criterion No. 15 stipulations does not apply to any of <br />the lands. The stipulation is included in the lease in case crucial winter range is <br />established in the future. <br />The lease application area is within winter range for elk as determined through <br />consultation with the Colorado Division of Wildlife. The FS does require protection <br />of the winter.range~and does have seasonal restrictions for big game winter ranges <br />on all FS lands within the lease tract. The BLM will require big game seasonal <br />stipulations only when the area is determined to have crucial winter range. In <br />summary, seasonal restrictions for winter ranges apply to FS lands but not to split <br />estate or BLM lands. <br />Unsuitability Criterion #19 provides for the protection of the alluvial valley floor <br />(AVF). Approximately 16 acres are within the 100-year floodplain and are found <br />' unsuitable for mining by Unsuitability Criterion No. 16. There are no designated <br />AVF's on the proposed lease tract, however, the floodplain is a potential AVF. <br />This stipulation is putting the lessee on notice that any AVF's designated in the <br />• mine plan review process will be protected. If the mine plan review process <br />determines that there is not an AVF on the tract, then the stipulation will not be <br />required. <br />The controlled surface use and no surface occupancy stipulations which limit <br />activities within areas of moderate and high geologic hazards do not Cover 100% <br />of the tract. The West Flatiron area and other isolated areas do not have moderate <br />or high geologic hazards. The controlled surface use and no surface occupancy <br />stipulations for moderatelhigh geologic hazards and areas of greater than 40% <br />slopes do not apply to the private surface or 8LM lands. <br />As stated in the stipulations, waivers should not routinely be expected. Additional <br />stipulations may be required where a stipulation is waived, for example, if a NSO <br />stipulation is waived, there may still be a seasonal restriction andlor a controlled <br />surface use stipulation required. <br />We have compared some of the Box Canyon Tract stipulations to the Jumbo <br />Mountain Tract stipulations and the Sanborn East coal tract stipulations. The <br />following Table shows that the restrictions for the Sanborn East and Box Canyon <br />• <br />