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(REVISED 3-9-95) <br />Serial No. C-56447 <br />NO SURFACE OCCUPANCY 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 (WEH) to this stipulation is granted. See REPS 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 earthfLows, 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 har.ard 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 necessar•; for a waiver, exception or modification (WFM) to <br />this stipulation for the operator/lessee to use the surface in the are <br />covered by this s=ipulat_on to allow for the recovery of the coal reserv~ <br />WEM's to this stipulatio- will be considered only ac the time operation <br />are proposed, and •ai:~: be subject to the Forest Land and Resource <br />Management Plan in effac= at .he time of consideration, and will be subject <br />to applicable regulator-: ar.d environmental compliance requirements. <br />Granting of a WE`] is a Forest Service discretionary action which the <br />operator should no- rout'_nai•: expect. The Forest Service reserves the <br />right co impose other s~;~uist:ons in the same area of this Leasehold if a <br />G:E-W is granted. <br />Conditions under which a WE?i Zay be granted include the following: <br />1. Use of the area for a short distance or a small area. <br />2. Mitigation and design can minimize impacts co soil and visual <br />resources, for example, powerlines and waterlines required through these <br />areas shall be constructed co minimize impacts. <br />3. No other alternati•:e _ocat'_on for Facilities and activities associated <br />•.+ith 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 and/or the regulatory provisions for such changes. (For guidance on the <br />use of this stipulation, see BL.y !fanual 1624 and 3400 or FS Tfanual 1950 and• <br />2820.) <br />Coal-NSO-HCH 2!95 <br />