2013-11-22_REVISION - M2000014 (7)

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0 • the authorized officer. Emergency use of pesticides shall be approved in writing by the authorized officer prior to such use. The holder(s) shall comply with all applicable Federal laws and regulations existing or hereafter enacted or promulgated. In any event, the holder(s) shall comply with the Toxic S-ibstances Control Act of 1976, as amended (15 U.S.C. 2601, et sec.) with regard to any toxic substances that are used, generated by or stored on the right -of -way or on facilities authorized under this right -of -way grant. (See 40 CFR, Part 702 -799 and especially, provisions on polychlorinated biphenyls, 40 CFR 761.1- 761.193.) Additionally, any release of toxic substances (leaks, spills, etc.) in excess of the reportable quantity established by 40 CFP., Part 117 shall be reported as required by the Comprehensive Environmental Response, Compensation and Liability Act of 1980, Section 102b. A copy of any report required or requested by any Federal agency or State government as a result of a reportable release or spill of any toxic substances shall be furnished to the authorized officer concurrent with the filing of the reports to the involved Federal agency or State government. 9. No construction or routine maintenance activities shall be performed during periods when the soil is too wet to adequately support construction equipment. If such equipment creates ruts in excess of 4 (four) inches deep, the soil shall be deemed too wet to adequately support construction equipment. 10. The holder shall utilize erosion control practices during and after construction to minimize soil loss and prevent siltation of water bodies. The holder shall monitor the site for soil loss and will take any r_ecessary steps to prevent soil loss during the life of the right -of -way. il. The holder shall permit free and unrestricted public access to and upon the right -of -way for all lawful purposes except for those specific areas designated as restricted by the authorized officer to protect the public, wildlife, livestock, or facilities constructed within the right-of -way. 12. The holder shall mulch disturbed areas designated by the authorized officer. The type of mulch shall meet one of the following requirements: (a) Straw used for mulching shall be from oats, wheat, r-:e, or other approved grain crops, and free from noxious weeds or other objectionable material as determined by the authorized officer. Straw mulch shall be suitable for placing with mulch blower equipment. (b) Hay shall be certified weed free. Hay shall be suitable for placing with mulch blower equipment. (c) Wood cellulose fiber shall be natural or cooked wood cellulose fiber, shall disperse readily in water, and shall be nontoxic. The homogeneous slurry or mixture shall be capable of application with power spray equipment. A colored dye that is noninjurious to plant growth may be used when specified. Wood cellulose fiber shall be packaged in new, labeled containers. 13. The holder shall seed all disturbed areas, including the road surface, using an agreed upon method suitable for the location. Seeding shall be repeated if a satisfactory stand is not obtained as determined by the authorizing officer upon evaluation after the second growing season. 14. The holder shall seed all disturbed areas with the seed mixture(s) listed below. The seed mixture(s) shall be planted in the amounts specified in pounds of pure live seed (PLS) /acre. There shall be no primary or secondary noxious weed seed in the seed mixture. Seed shall be tested and the viability testing of seed shall be done in accordance with State law(s) and within 12 (twelve) months prior to Commercial seed shall be either certified or registered seed. The seed mixture container shall be tagged in accordance with State law(s) and available for