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I: . <br />- ~'~~ Serial No. C-56447 <br />fRsv~s~ 3.9.95) <br />\0 SURFACE OCCUPANCY STIPULATZON <br />HIGH GEOLOGIC HAZARD <br />No surface occupancy or use is alloyed on the lands described beloy (legal <br />subdivision or other description) except when a waiver, exception, or <br />modification (NEM) to this stipulation is granted. See i7EM clause below. <br />Portions of Sec. 14, 22, 23 and 26, T1]S, R90W, 6th PM are characterized by <br />high geologic hazards defined as active mudflows, active earthflows, active <br />Landslides and areas prone to avalanche. Presumed areas of No Surface <br />Occupancy are generally delineated on the attached map dated 3-B-95. The <br />map is for planning purposes only. The application of the definition of <br />high geologic hazard to ground conditions will determine whether 'the <br />stipulation applies. In the event of any conflict between written clauses <br />of this stipulation and the man, the stipulation clauses shall control. All <br />National Forest System Land within the leasehold which is classified as <br />high geologic hazard falls under jurisdiction 'of this stipulation. <br />For the puipose of: <br />Avoidance of areas with high geologic hazard Eo prevent.further mass slope <br />failure. ' <br />It may become necessary for a _aiver, exception or modification (VF~i) 'co <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.stipulatioti 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 4I&K is •a Forest Service discretionar~* action which the <br />operator should not routinely expect. The Forest Service reserves the <br />right to impose other stipulacio::s in the same area of .,this leasehold if a <br />WF1H is granted. <br />Conditions. under yhich a FlE'f may be granted include the following: <br />I. IIse of the area for a shore 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 constructed to minimize impacts. <br />3. Na ocher aLternacive location Eor 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, gee BLPf Hanual 1624 and 3400 or FS Manual 1950 and <br />2820.) <br />Coal-NSO-HGH 2/95 <br />