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(QEVas~ 3-9.9s <br />NO SURFACE OCCUPANCY STIPULATION <br />SLOPES >600 <br />No surface occupancy or use. is allowed on the lands .described below (legal <br />sub~iivisi.on or other description) except when a waiver, exception, or <br />modification (WEM) to this stipulation is granted. See WEM clause below. <br />Portions of Sec. 14, 22, 23, 26, T13S, 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 plann:Cng purposes only. <br />Zn 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 />greacei: 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 />Zt may become necessary for a waiver, exception or modification, (A82f) co <br />this stipulation for the operator/lessee co 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 WF1~I 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 s aroe area of this leasehold if a <br />WEM is granted. . <br />Conditions under which a WEM may be granted include the following: <br />I. 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, powerlines and waterlines required on slopes <br />greater than 608 shall be constructed so as to minimize impacts. <br />3, No other alternative location for facilities and activities associated <br />t+ith 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. (Far guidance on the <br />use of this stipulation, see BLM tfanuaL 1624 and 3400 or FS Manual 2950 and <br />2820.) <br /> <br />