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11/04/200a 10:17 FAX 970 240 5J87 BLM/USFS ~ 015 <br />'~ ~ Trial NO. C-1362 <br />(REVI5fiD 3-9-95) <br />NO SDRPACS OCCIIPAtiCY STIPIILaTSON <br />N81Zl1LiD5/FIAODPLAIl75/&IPAxSAN ARBAS <br />No surface occupnaey or nsa is~ allowed as the lands defined as a Wetland, a <br />Floedplaia, or a Riparian area except when a waiver, exception, or modification <br />(WEM) to this stipulation is granted. See W8M claue® below. <br /> <br />Wetlands, Floodglaias and Riparian Areas are defined as: <br />Wetlands: A Federal Manual which defines jurisdictional wetlands was <br />jointly developed by the U.S. Corp of Engineers, the Soil Conservation <br />Service, the Enviroameatal Protection Agency wad the U.B. Fish and Wildlife <br />Service. (January 1989) This definition is adopted. Sn general, wetlands <br />are defined by the preaeaee ef: permanent or seasonal water; water loving <br />vegetation; and soil characteristics- influenced by saturated conditions. <br />'All Chree of these coaditivna must exist is order to qualify as a wetland. <br />(Page III-54, Oil and Gas Leasing &IS) <br />Floodplaias: This is a strip of relatively smooth laced adjacent to 'a river <br />channel, constructed by the' present river is its existing regimen and <br />covered with water when the river overflows its banks. It is built of <br />. alluvium carried by the river dozing floods and deposited fa the sluggish <br />.water' out3ide.the iafluence,of.the swiftest current.' A river hoe Daly one <br />floodplaia but 'may have one of more terraces represeatiag.-.abandoned <br />floodplaias. (Page III-5o, oil and Gas Leasing SIS) ', <br />' Riparian Areas: Geographically delineated areas with, distinctive resource" <br />_ values and dharaeteristics~'thaL• are comprised •of the aquatic and riparian , <br />eCOSystem5.(FSM; WO~ 2500-94-4.pg 17) They may be associated with' lakes, <br />reservoirs, estuaries, potholes, marshes, streams, bogs, wet meadows, wad <br />- •intermitteat .or permanent streams .where,•free wad unbound watez• is - <br />available.-(Page VIS-13, Oil wad Gas Leasing. sIS)' The•ripaziaa eaosys;ems <br />• are "transitional areas" between the aquatic'ecosystem and•the adjacent <br />terreatria7. ecosystem; identified by soil characteristics or diatinCCive <br />'vegetation communities, and are characterized by species and/or life forms <br />. that are different from those of the immediately surrounding ~aori-riparian <br />climax area. (Page III-52, Oil wad Gas Leasing 8I5} , <br />The applicatloa of the definition for wetlands, .floodplains, wad riparian " <br />areas to ground conditions will determine whether the stipulation applies. <br />When £acilvties wad activities. associated with coal m~n;,,g must occur in <br />these areas, impacts to these areas will be minimized wad mitigated. roads <br />will cross streams at right angles wad aceesa across other areas subject to <br />this' stipulation will be held to a minimum.' Streams will not be <br />parallelled by roads through these areas other thaA to the extent necessary <br />for crossings. . <br />The width of adjacent. upland areas which will tome wader. .jurisdiatioa of . <br />this stipulation will be dependent oa slope steepness, wad the kind, <br />amount,' and location of surface and' vegetation disturbance. (The GMUG " <br />Amended Land.aad Resource •Mauagement Dian, Page Ii2-75 provides. guidelines <br />for these areas.)' <br />The following roads have been in exist'ance, for many years wad portions of <br />them traverse through riparian areas. The roads are deemec. necessary for <br />