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_,. <br />(PLVISBD 3-9-95) <br />..erial xa. C-i s2 <br />NO 395tFAC8 OCCOPANCY HTZPIILATION <br />HIGH 6kOLO6IC BAZARD <br />No surface occupancy or use ie alloyed oa the lands deacribad below (legal <br />subdivision or other description) except whoa a waiver, exaeption, or <br />modification (%SM) to this stipulation is granted. see wBas ciauae below. <br />Poztions of Sec. 32, T13S, R9ow, 6th PM are characterized by high geologic <br />hazard.9 defined as active mudflows, active earth lows, active landslides <br />and areas prone to avalanche. Presumed areas of No Surface Occupancy are <br />generally delineated on the attached map dated 12/14/95 prepared by Michael <br />x. ward. The map is for planning purposes only. The appiication of the <br />definition o: high yeologic hazard to ground conditions will determine <br />whether the stipulation applies. In the event of any conflict between <br />written clauses of this stipulation and the map, the stipulation clauses <br />shall control. All National Forest System Land within the leasehold which <br />is classified as high geologic hazard falls under jurisdiction ~of this <br />stipulation. <br />Far the purpose of: <br />Avoidsnce of areas with high geologic hazard to prevent further ma,^s slope <br />failure. ' <br />Lt. may become necessary fcr a waiver, exception or tt:odificatior. (wEM) to <br />this stipulation for the operator/lessee to use the: surf ace in the area <br />covered by this stipulation to allow for the recovery of the coal reserve. <br />WSM'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 environmental compliance.. requirements, <br />Granting of a WE74 is a Forest service discretionary action which tkse <br />operator should not routinely expect. The Forest Service reserves :fee <br />right to impose other stipulations in the same area of this leasehold if a <br />WE1^. is granted. <br />Conditions valor Nhieh a KS)f may be granted iaalude the following: <br />1. IIse of the area for a short distance or a small area. <br />2. Mitigation and design car, minimize impacts to soil and visual <br />resources, for example, powerlines and waterlines required through these <br />areas shall be constrscted to minimize impacts. <br />3. Np other alternative location for facilities and activities associated <br />with coal mining is practical because of environmental effects and <br />cperational considerations.(eg, economics, health and safety, ece_). <br />Any chaagee to this stipulation will be made-ia necordaace with the land use <br />plan nod/or the requlatoryproviaions for such~chaagea. (For guidance on the <br />use of this stipulation, sba 8LM Manual 2524 sad 3400 or FS Manual 5950 sad <br />3820.) <br />Coal-NSO-HGH 2/95 <br />