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(REVISID 3-9-95) .,arinl No. C-1362 NO SURPACB OCCOPANCY BTIPULATION HIGH GEOLOGIC wnzavn • No surface occupancy or use is allured on the loads described belor (legal subdivision or other description) except rhea a waiver, excaptica, or modification (WBDS) to this stipulation ie granted. Sea NDS clause below. Portions of Sec. 32, T13S, R90w, 6th PM are characterized by high geologic hazards defined as active mudflows, active earthflows, active landslides and areas prone to avalanche. Presumed areas of No Surface Occupancy are generally delineated on the attached map dated 12/19/95 prepared by Michael R. Ward. The map is for planning purposes only. The application of the definition of high geologic hazard to ground conditions will determine whether the stipulation applies. Zn.the event of any conflict between written clauses of this stipulation and the~map, the stipulation clauses shall control. All National Forest System Land within the leasehold which is classified as high geologic hazard falls under jurisdiction of this stipulation. For the purpose of: ~ ~ ~ '~ Avoidance of areas with high geologic hazard to prevent further mass slope failure. It. may become necessary for a waiver, exception or modification (WEM) to this stipulation for the ~ operator/lessee to use the•.surface in the area covered by this stipulation to allow for the recovery of the coal reserve. • WEM's 'to this stipulation will be considered only at the time operations are proposed, and will be subject to :the Forest Land and Resource Management Plan in effect at the time of consideration, and will be subject to applicable regulatory. and environmental compliance. requirements. Granting of a WEM is a. Forest Service discretionary action which the operator should not routinely expect. The Forest. Service reserves the right to impose other stipulations in the same area of this leasehold if a~ WEM is granted. Conditions under rhieh a WAS may ba granted include the folloriag: 1. Use of the area for a short distance or a small area. 2. Mitigation and design can minimize impacts to soil and visual resources, for example, powerlines. and waterlines required through these areas shall be constructed to minimize impacts. 3. No other alternative location for facilities and activities associated with coal mining is practical because of environmental effects and operational considerations,(eg, economics, health and safety, etc.). Aay changes to this stipulation rill be~made~in accordance~rith the land use plan nod/oi~the regulatory~provisioae for auch~changae. (For guidance oa the use of this stipulation, sae SLM Manual 1624 wad 3900 or FS Manual 1950 and . 2820.) ~ ~ ~ ~~ Coal-NSO-HGH 2/95