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Jul 20 O1 12:OOp PROf1IR RR1iGER DISTRICT 970-527-4151 p. 24 <br />~ .. <br />E~`~ Serial No. C-56441 <br />fRsviSSD 3.9.95 <br />• \0 SURFACE OCCUPANCY STIPULATION <br />HIGH GEOLOGIC HAZARD <br />No surface occupancy or use is allowed an the lands described below (legal <br />subdivision or other description) except when a waiver, exception., or <br />modification (WEH), to this stipulation is gzanced. See WE! clause below. <br />Portions of Set. I4, 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 co 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. Ln the event of any conflict becaeen written clauses <br />of this stipulation and the man, the stipulation clauses shall control. A11 <br />National Forest System Land within the leasehold which is classified as <br />high geologic hazard falls under jurisdiction 'of this stipulation. <br />For the purpose of: <br />Avoidance of areas with high geoiogie hazard to prevenc.fuzther mass slope <br />failure. <br />Ic may become neeessar/ for a caiver, e:ception or modification (W&M) 'co <br />• this stipulation for the operator/lessee to. use the surface in the area <br />covered by this stipulation co a:low for the recovery of the coal reserve. <br />AE`f's to this .stipulation will be considered only at the time operations <br />' are proposed, and will .be subject to the Forest Land and Resource <br />Management Plan in effect at the time of consideration, and will be subject <br />' to applicable regulatory and emrironmental compliance requirements. <br />" Granting of a WF,~`1 is -a Forast Service discretionary action which the <br />. operator should not routinely axpecc. 'Cho Forest Service reserves the <br />right co impose other ~tipulacions in the same area of ,this leasehold if a <br />WEM is granted. <br />Conditions under which a W'cY may be granted include the following: <br />1. Use of the area for a shore distance or a small area" <br />2. Mitigation and design car. minimize impacts to .soil and visual <br />resources, for example, powerlices and waterlines required through these <br />areas shall be constructed co minimize impacts. <br />3. No ocher aLternaci•re location Eor facilities and activities associated <br />with coal mining is practical because of environmental effects and <br />operational considerati.oes (eg, economics, health and safety, etc,). <br />Any changes co 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.21 Manual 1624 and 3400 or FS Hanval 1950 and <br />• 2820.) <br />Coal-NSO-HGH 2/95 <br />