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(REVISED 3-9-95) <br />Serial No. C•Soa:,l <br />VO SURFACE OCCUPANCY STIPULATION <br />:.'ETLANDS/FLOODPLAINS/RIPARIAN AREAS <br />• No surface occupancy or use is allowed on the lands defined as a Wetland, a <br />Floodplain, or a Riparian area except when a waiver, exception, or modification <br />(wEH) to this stipulation is granted. See WE?S clause below. <br />Wetlands, Floodplains and Riparian Areas are defined as: <br />Wetlands: A Federal Manual which defines jurisdictional wetlands was <br />jointly developed by the C.S. Corp of Engineers, the Soil Conservation <br />Service, [he Environmental Protection Agency and the U.S. Fish and Wildlife <br />Service. (January 1989) This definition is adopted. In general, wetlands <br />are defined by [he presence of: permanent or seasonal water; water loving <br />vegetation; and soil characteristics influenced by saturated conditions. <br />All three of these conditions must exist in order to qualify as a wetland. <br />(Page III-~4, Oil and Gas Leasing EIS) <br />Floodplains: This is a strip of relatively smooth land adjacent to a river <br />channel, constructed by the present river in its existing reg'_men and <br />covered with water when the river overflows its banks. It is built of <br />alluvium carried 'ov the river during floods and deposited in the sluggish <br />water outside the inf':uence of the swiftest current. A river has only one <br />floodplain but may have or.e or more terraces representing abandoned <br />Floodplains. (Page lI.-;0. O.-: and Gas Leasing EIS) <br />Riparian ?real: Geographically delineated areas ..ith distincci•. resource <br />values and charac_zrisrics chat are comprised of the aquatic and riparian <br />• ecosystems.(FSM ::0 2100-94-a pg 1;) They may be associated with lakes, <br />reservoirs, est,ar-es, potholes, ::,arshes, screams, bogs, wet meadows, and <br />incermiccent or oer:nanen[ streams whera free and unbound water is <br />available.(Page V?:-1~, Oil and Gas Leasing EIS) The riparian ecosystems <br />are transitional areas" bet:;een the aquatic ecosystem and t`.:e adjacent <br />terres=via; ecos•:stem: :dent.=_ed by soil characteristics or distinctive <br />vegetation communities. and are characterized by species and/or life forms <br />chat are different from those of the immediately surrounding non-riparian <br />climax area. (Page i.i-S2, Oi-: and Gas Leasing EIS) <br />The application of the definition for wetlands, Floodplains, and riparian <br />areas co ground conditions will determine whether the stipulation applies. <br />When facilities and activities associated with coal mining must occur in <br />these areas, impacts to these areas will be minimized and mitigated. Roads <br />will cross ~:treams at right angles and access across other areas subject [o <br />this stipulation •.+i11 be held co a minimum. Streams will not be <br />parallelled by roads thrr-ugh these areas ocher than co the extent necessary <br />for ct-ossin•r~>. <br />The width r,(~ adj:,cent ~~;,Lar.d :,teas which •.,i11 come under jurisdiction of <br />this stipulation ~•,ii: ue dependent on slope steepness, and the kind, <br />amount, and Location of suriace and vegetation disturbance. (The CMUG <br />Amended Land and pesource Management Plan, Page III-75 provides guidelines <br />for these areas.) , <br />• The following roads havr: been in e:<iscence for many wears and portions of <br />them :r_ven.e thro~~gh riparian areas. The roads are deemed necessary for <br />