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Appendix A Conditions of Surface Use Mountain Coal Company, Geotechnicai Boreholes Administrative 1. The operator will notify the USFS Paonia Ranger District 48 hours in advance of mobilizing heavy equipment (including road maintenance equipment) onto National Forest System lands. 2. MCC has the responsibility to see that their construction and drilling operations are conducted in such a manner which conforms to (1) applicable Federal laws and regulations, and (2) with State and local laws and regulations to the extent that such State and local laws are applicable on Federal leases. 3. A person designated by the company to make decisions will be on site during initial disturbance and set up. Soils 4. Design soil stockpiles to minimize risk of wind and soil erosion and to maintain the optimum soil viability, 5. If a spill occurs, contaminated soil will be removed from National Forest System lands, and be properly disposed of prior to backfilling and reclamation. 6. Revegetate disturbed soils by the end of the first growing season. Wildlife 7. If construction or drilling would occur prior to April 30, the scope of activities may need to be limited in order to minimize adverse effects on big game winter range. Water Resources 8. No refueling or lubricating would take place within 100 feet of wetlands and other waterbodies or drainages. Heavy equipment, hazardous materials, chemicals, fuels, etc., would not be stored within 100 feet of wetlands or surface waters. 9. No soil generated from excavation, site preparation, or other operations shall be deposited within 100 lineal feet of any drainage with flowing water. 10. Sedimentation control devices will be used along roads and drill pads as directed by the USFS representatives. Devices may include, but are not limited to vegetation from clearing, excelsior wattles, straw bales, etc. 11. A minimum of 2 feet of freeboard in the mud pit would be maintained between the maximum fluid level and the top of the berm.