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£i <br />f. M <br />(REVISM 3-9-95) <br /> <br />* 6srial No. - 362 <br />Flo SURFACE OCCOPANCY STIPULATION <br />HIGH GEOLOGIC xaZaan <br />So surface occupancy or use is allowed on the leads described below (legal <br />subdivision or other description) except when a waiver, exception, or <br />modification MEW to this stipulation is granted. Sea W= clause below. <br />Portions of sec. 32,.T13S, R90W,.:6th PM are. characterized by high geologic <br />hazards defined as active mudflows, active earthflows, active landslides <br />and areas prone to avalanche. Presumed areas of No Surface Occupancy are <br />generally delineated on the,.attach.ed.map dated 12/19/95 prepared by Michael <br />K. Ward.. The map is::for.planning.:purposes.only. The application of the <br />definition of high geolagzc ;hazard., to. ground conditions will determine <br />whether the stipulation ,applies. In-, the event of any conflict between <br />written clauses of this stipulation. and the map, the stipulation clauses <br />shall control. All Nationa_1 Forest.` System Land within the leasehold which <br />is classified as high geologic hazard falls under jurisdiction of this <br />stipulation. <br />For the purpose of: <br />Avoidance of areas with high geologic hazard to prevent further mass slope <br />failure. <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 W= may be granted include the following: <br />1. Use of the area for a short distance or a small area. <br />2. Mitigation and design can minimize impacts to soil and visual <br />resources, £or example, powerlines and waterlines required through these <br />areas shall be constructed to minimize impacts. <br />3. No other 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 gaidance on the <br />use of this stipulation, sea HLM Manual 1624 and 3400 or FS Manuel 1950 and <br />2820.) <br />Coal-NSO-AGIi ? /95