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TIiaw LnaTA=ON STIPULATION <br />BI(; cam 1Pnn= RANGE <br />No surface use is allowed during the following time period(s) except when a <br />waiver, exception, or modification (WEN) to this stipulation is granted. See <br />WXX clause below. This stipulation does not apply to operation and maintenance <br />of facilities associated with coal mining. <br />1. Exploration, drilling and development activity will not be allowed <br />during the period from December 1• to April 30. In the event of an <br />emergency, surface -use (including drilling) may be allowed with <br />authorization,from.the Forest Service. <br />2. New roads on. public: lands-,will. be closed yearlong to the public. <br />On the lands described below- <br />All or portions of Sec. 27, 2.9, 29, (30-BLM), 32, 33, 34, T13S, R90W, 6th <br />PM with winter ranges for big game ( elk) as generally delineated on the <br />attached map prepared by Michael R. Ward on, 13-19-96. The map is for <br />planning purposes only. The. existence of big game winter range on the <br />ground will determine whether the stipulation applies. In the event of any <br />conflict between written clauses of this stipulation and the map, the <br />stipulation clauses shall control. All National Forest System and Bureau <br />of Land Management lands within the leasehold which is classified as big <br />game winter range for elk, falls under jurisdiction of this stipulation. <br />For the purpose of (reasons): <br />Preventing unnecessary stress on the wintering wildlife herds and causing <br />an increase in mortality resulting from disturbances and habitat losses. <br />These areas are critical for elk during winter. They ra-:ve as key <br />concentration areas which support and sustain this species and are <br />extremely important for animal survival. <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 leetsehold if a <br />WEM is granted. <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 BLX Manual 1624 and 3400 or FS Manual 1950 and <br />2820.) <br />Coal-TL-BGWR 2/95