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Serial No. C-1362 _ <br />(REVISED 3-9-95) <br />NO SUKFACS OCCIIPANCY STIPULATION <br />SLOPES >60~ <br />No surface occupancy or use ie allowed oa the leads described below except when • <br />a waiver, exception, or modification (iPSLS) to this stipulation is grunted. See <br />iPEM clause below. <br />Portions of Sec. 27,28,29,(30-BLM),32,33.34, T13S, R90W, and portions of <br />Sec.3,4;9,10, T14S,R90W, 6th PM with slopes greater than 60t. Presumed <br />areas of No Surface Occupancy are generally delineated on the attached map <br />prepared by Michael K. Ward dated 12119/96. The map is for planning <br />purposes only. Zn the event of any conflict between written clauses of <br />this stipulation and the map, the stipulation clauses shall control. All <br />National Forest System Land within the leasehold which is classified as <br />having slopes greater than Got fall under jurisdiction of this stipulation. <br />For the purpose of: <br />Protection of areas with slopes greater than 60t to prevent impacts to soil <br />resources through erosion, mass failure, loss of productivity, etc. <br />It may become necessary for a waiver, exception or modification ~(WEM) to <br />this stipulation for the operator/lessee to use the surface in the area . <br />covered by this stipulation to allow for the recovery of~the coal reserve. <br />WEM'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 WEM is a Forest Service discretionary action which the <br />operator should not routinely expect. The Forest Service reserves the <br />right to impose other stipulations. in the same area of this leasehold if a <br />wEM is granted. <br />Conditions under which a WS2¢ may be ~graatad~iaclude the following: <br />1. Use of the surface for a short distance or a small area. <br />2. Mitigation and design can minimize impacts to soil and visual <br />resources; for example, powerliaes and waterlines required on slopes <br />greater than 60.k shall be constructed so as.to minimize impacts. <br />3.~ No~othez alternative location for facilities and activities associated. <br />with coal mining is practical because of environmental effects and <br />operational considerations (eg,~economics, health and .safety, etc.). <br />Any changes <br />plan sad/or <br />uee of this <br />2820.) <br />to thie~ etipulatioa will be made is accordnace with the .laced uee <br />the regulatory provisions for such chaages.~ (Por guidance cn the <br />etipulatioa, see BLM Manual 1624 sad 3400 or FS Manual 1950 and <br />Coal-NSO->60t 2/95 <br />