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.lul 20 O1 11:56a PROnIR RRfiGER DISTRICT 970-527-4151 p.16 <br />NO 9URFACB OCCOPANCY STIPULATION <br />NETLAHD9/FLOODPLAINS/RIPARIAN AREAS <br />No surface occupancy or use ie allowed on the lands defined ae a Wetland, a <br />Floodplain, or a Riparian area except whoa a waiver, exception, ar aodificatioa <br />(W8P1) to this stipulation is granted. See WEM 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 U.S. Corp of Engineers, the Soil Caaservatica <br />Service, the Ehviroameatal Protection Ageaey sad the U.S. Fish and Nildlite <br />Service. (January 1989) This definition is adopted. In general, wetlands ,~; <br />,~' <br />are defined by the presence of: permanent or seasonal water; water loving <br />vegetation; and soil characteristics•influenced by saturated conditions. <br />A11 three of these conditions must exist in order to qualify as a wetland. <br />(Page III-54, 011 sad Gas Leasing SIS) <br />Floodplains: This is a strip of relatively smooth laced adjacene to a river <br />charuiel, ceastzucted by the present river in its existing zegiroeil and ' <br />covered with water when the river overflows its banks. It is built of <br />• alluvium carried by the rivez during floods and deposited in the sluggish <br />. .water outside. the influence, of ,the swiftest current. A river has only one • <br />floodplaia but may have one or more terraces represeating...abandoaed , <br />floodplains. (Page ZII-50, Oil and Gas Leasing 825) '. - <br />' Riparian Areas: Geographically delineated areas with, distinctive resource - <br />•values and characteristics ~tbaE are comprised ~of the aquatic sad riparian , <br />ecosystems.(FSM.N0 2500-9a-4.pg i7) They may be, as$ociated with lakes, <br />reservoirs, estuaries, potholes, marshes, streams, bags, wet meadows, and <br />• . intermittent or permanent streams .where ..free sad unbound water is <br />available..(Page VII-13, Oil and Gas Leasing. &IS) The riparian ecosys<ems <br />are "transitional areas" between the aquati~c'ecosystam and,the adjacent <br />terrestrial ecosystem; identified b'y soil characteristics or distinctive <br />vegetation communities, and are ebaracterixed by species-and/or life forns <br />that are different from those of the immediately surrounding nod-riparian <br />climax area. (Page III-52, Oil and Gas Leasing EZS) <br />' The application of the definition for wetlands, .floodplains, and riparian <br />areas to ground conditions will determine whether the stipulation applies. <br />. .Whew^•faei3ities-~aad activities~.•essociated with.coal mining must occur is <br />,these areas, impacts to .these areas will be~minimized~and mitigated. Roads <br />will cross streams at right angles and access across .other areas subject to <br />this~~ stipulation will be held to~~ a~ min}mum.' Streams. will not be~ <br />parallelled by roads through these areas other than to the extent necessary <br />for crossings. <br />The width of adjacent. upland a;ens which will come under jurisdiction of . <br />this stipulation will be dependent oa slope seeepnass, and the kind, <br />amount, and location of surface and vegetation disturbance. (The GMOG ~~ <br />Amended Land .and Resource Management Plan, Page III-75 provides. guidelines <br />for these areas.l. <br />The following roads have been is existance for many years and portions of <br />them traverse through. riparian areas. The roads are deemed necessary for <br />• <br />