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Bureau of Land Management's Decision Record and Environmental

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shall be supported by a stipulation that the Assignee agrees to comply with <strong>and</strong> to bound by the terms<br />

<strong>and</strong> conditions <strong>of</strong> the grant to be assigned. No assignment shall be recognized unless <strong>and</strong> until it is<br />

approved in writing by the Authorized Officer.<br />

2.0 Construction Stipulations:<br />

21. The Authorized Officer may suspend or terminate in whole, or in part, any notice to proceed which<br />

has been issued when, in his judgment, unforeseen conditions arise which result in the approved terms<br />

<strong>and</strong> conditions being inadequate to protect the public health <strong>and</strong> safety or to protect the environment.<br />

22. The Holder shall not initiate any construction or other surface disturbing activities on the right-<strong>of</strong>-way<br />

without the prior written authorization <strong>of</strong> the Authorized Officer. Such authorization shall be a<br />

written notice to proceed issued by the Authorized Officer. Any notice to proceed shall authorize<br />

construction or use only as therein expressly stated <strong>and</strong> only for the particular location or use therein<br />

described.<br />

23. The Holder shall designate a representative(s) who shall have the authority to act upon <strong>and</strong> to<br />

implement instructions from the Authorized Officer. The Holder’s representative shall be available<br />

for communication with the Authorized Officer within a reasonable time when construction or other<br />

surface disturbing activities are underway.<br />

24. Holder will hire an independent third-party Compliance Inspection Contractor, approved by the<br />

Authorized Officer, to insure compliance with the terms, conditions <strong>and</strong> stipulations <strong>of</strong> this Grant,<br />

N-88390. All questions or concerns regarding compliance with the terms, conditions, <strong>and</strong> stipulations<br />

<strong>of</strong> this Grant shall be directed to the BLM Authorized Officer or Project Manager.<br />

25. Overnight parking <strong>and</strong> storage <strong>of</strong> equipment <strong>and</strong> materials, including staging or stockpiling <strong>of</strong> same,<br />

shall be within 1) previously disturbed areas, 2) areas cleared by biologist <strong>and</strong> 3) areas inventoried<br />

<strong>and</strong> cleared for cultural resources.<br />

26. Holder shall remove only the minimum amount <strong>of</strong> vegetation necessary for the construction <strong>of</strong><br />

structures <strong>and</strong> facilities. Where possible <strong>and</strong> if needed, topsoil shall be conserved during excavation<br />

<strong>and</strong> reused as cover on disturbed areas to facilitate regrowth <strong>of</strong> vegetation.<br />

27. The Holder shall be responsible for weed control on disturbed areas within the limits <strong>of</strong> the right-<strong>of</strong>way.<br />

The Holder is responsible for consultation with the Authorized Officer <strong>and</strong>/or local authorities<br />

for acceptable weed control methods (within limits imposed in the grant stipulations).<br />

28. Future modifications, construction <strong>of</strong> improvements, or major maintenance operations involving<br />

disturbance <strong>of</strong> the l<strong>and</strong>, shall not occur until plans for such actions have been submitted <strong>and</strong> approved<br />

in writing by the Authorized Officer. Any proposals involving new surface disturbance shall require<br />

a cultural inventory <strong>and</strong> may require completion <strong>of</strong> an environmental assessment.<br />

29. The Holder shall prevent any activities which may cause erosion. Where erosion has resulted, the<br />

Holder shall re-vegetate <strong>and</strong> re-habilitate the location. The Holder is responsible for consultation<br />

with the Authorized Officer for an acceptable proposal.<br />

30. Ninety days prior to termination <strong>of</strong> the right-<strong>of</strong>-way, the Holder shall contact the Authorized Officer<br />

to arrange a joint inspection <strong>of</strong> the right-<strong>of</strong>-way. This inspection will be held to agree to an<br />

acceptable termination (<strong>and</strong> rehabilitation) plan. This plan shall include, but is not limited to,<br />

removal <strong>of</strong> facilities, drainage structures, or surface material, recontouring, topsoiling, or seeding.<br />

4

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