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90. C-`.5u47 <br />PJO SURFACE OCCUPANCY STIPULATION • <br />SLOPES >60% <br />No surface occupancy or use is allowed on the lands described below (legal <br />subdivision .or other description) except when a waiver, exception, or <br />modification (WEH) to this stipulation is granted. See WEH clause below. <br />Portions of Sec. 14, 22, 23, 26, T135, R90W, 6th PM with slopes greater <br />than 608. Presumed areas of No Surface Occupancy are generally delineated <br />on the attached map dated 3/8/95. The map is for planning purposes only. <br />In the event of any conflict between written clauses of this stipulation <br />and the map, the stipulation clauses shall control. All National Forest <br />System Land within the leasehold which is classified as having slopes <br />greater than 608 fall under jurisdiction of this stipulation. <br />For the purpose of: <br />Protection of areas with slopes greater than 608 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 (W&`f) 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 cui11 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 I1E:`J 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 WEM may be granted include the following: <br />1. Use of the surf ace .f or a short distance or a small area. <br />2. Mitigation and design can minimize impacts Co soil and visual <br />resources; for example, powerlines and waterlines required on slopes <br />greater than 60i shall be constructed so as co minimize impacts. <br />3. No ocher 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 to 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'i Manual 1624 and 3400 or FS Manual 1450 and • <br />2820.) <br />i.o ai-NFU->oG~s ~~j~5 <br />