Case No. 81CW245 Little Snake River Water Management Project

Home Browse Search

Y . 1 NUM As referred to in Condition 32 of the dam, etc., easement deed between the United States, acting through -the Regional Forester, and the Grantee, the Grantee will carry out the terms of the following Stipulation during the Construction Stage. The Construction Stage begins when construction activities are ready to commence on lands administered by the Forest Service. Construc- tion Stage ends when the Forest Service and the Grantee mutually agree that any work done thereafter will be considered as operation or maintenance, EXCEPT, that the Forest Service reserves the right to reinstate the terms of this Stipulation if the Grantee subsequently sutmits plans for reconstruction or alteration of the project works covered by the aforesaid easement. This Stipulation may be revised or amended by mutual consent of the Grantor and Grantee at any time for any purpose, including but not limited to adjusting to changed physical conditions in the land, water, air, wildlife, or other relevant environmental factors, or to correct an oversight. The Grantor and Grantee shall monitor the Grantee's operation and use of the grant throughout the life of the grant in a mutual endeavor to determine the feasibility and need for amending the existing Stipulation. The following terms of this Stipulation apply to the Grantee: 1. The grantee shall file with the Forest Supervisor in advance of any construction, five copies of the plans, specifications, and designs of all proposed dams, canals, weirs, roads, ditches, siphons, tunnels, and appurtenant structures; shall begin no construction until such plans have been approved by the Forest Supervisor; shall construct all works in accordance with the plans so approved; and shall make such repairs in all structures as may be required by the Forest Supervisor. 2. It shall be the responsibility of the Grantee to employ a qualified engineer to stake out the project prior to construction, and said engineer shall supervise construction operations and furnish the certification of compliance with the final drawings and specifica- tions. Written copies of each inspection report, including soil compaction and concrete tests, are to be furnished the District Ranger during construction. When the project is completed, the Grantee shall have the qualified engineer males a final inspection of the project in company with the Regional Forester's representative and su}anit to the Forest Supervisor a certified statement that the project was constructed in accordance with the approved plans, designs, and specifications. 3. The Grantee agrees to remove all timber and brush from the area to be flooded and extending five (5) feet horizontally back from the high - water line. Such clearing work shall progress with the construction of the dams and be completed before any water is stored in the enlarged reservoirs. 4. The Grantee shall protect all survey monuments, benchmarks, witness corners, reference and other monuments, and bearing trees against destruction, obliteration, and damage. If any monument or corner is in an area subject to disturbance or destruction, the monument will be referenced by a registered land surveyor in such a manner that it can be replaced-within 0.1 foot of its origiiial - position and properly recorded in compliance with State and /or Federal specifications. 5. Nb waste or byproducts shall be discharged if it contains any sub- stances in concentrations which will result in substantial harm to fish and wildlife, or to human water supplies.