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<br />. ~ .:: <br />FS-2700-5 (7/96> <br />Page 4 of 5 <br />25. #(B-26) Itot der shall take al( measures necessary to protect the health and safety of all persons <br />affected by its activities performed in connection with the construction, operation, maintenance, or <br />termination of the right-of-way, and shall promptly abate as conQlet ely as possible any physical or <br />mechanical procedure, activity, event, or condition, existing or occurring a[ any time: (1) that is <br />susceptible to abatement by the holder, (2) which arises out of, or could adversely affect the <br />construction, operation, maintenance, or termination of all or any part of the (Section 35 ), and (3) <br />that causes or threatens to cause: (a) a hazard to the safety of workers or to public health or safety, <br />or (b) serious arxi irreparable harm or damage to the envirotment (including but not Limited to areas of <br />vegetation or timber, fish or other wildlife populations, or their habitats, or any other natural <br />resource). Holder shall immediately notify the authorized officer of ell serious accidents which occur <br />in connection with such activities. <br />26. #(D-1) The holder shall pack out or otherwise remove form National Forest lands and waters all <br />refuse resulting from operations under this permit- <br />27. #(D-2) No waste or byproduct shall be discharged into water if it contains any substance in <br />concentrations which will result in harm to fish and wildlife, or to human water supplies. <br />Storage fatil hies for natant als capable of causing water pollution, if accidentally discharged, shall be <br />located so as to prevent any spit Lage into waters or channels leading into water, [haT would result in <br />harm to fish and wildlife or to human water supplies. <br />28. #(D-3) The holder shall protect the scenic esthetic values of the area under this permit, and <br />the adjacent land, as far as possible with the authorized use, during construction, operation, and <br />na intenance of the improvements. <br />29. #(D-10) Topsoil shall be stripped from the permitted area and be deposited in storage piles <br />apart from other excavated material. After the desired amount of material has been removed, and the <br />resulting pit has been trimmed and smoothed as required, the stored topsoil shall be evenly spread over <br />exposed subsoil to [he extent that may practicable, and shall be revegeteted. <br />-30:- --~f(D-11) Seeding~or ptarning wil F-~be done at a time of the year, in-a marvxr-and~ith sped es~- ~--- ~- -- <br />which the District Ranger considers offer the best chance of success ant will be repeated annually until <br />such areas are accepted in writing by the District Ranger as satisfactorily revegeta[ed and stabilized. <br />31. #(D-19) After removal of the desired material, the holder shall even Ly grade and properly slope <br />the bottom of the resulting borrow pit so that no water will collect or stand in it. All rocks <br />encountered in the excavation shell, whenever possible, be hauled out end be used in construction. The <br />service road then shall be obliterated, and the ground shall be left in as nearly its original condition <br />as possible. To prevent erosion, tracks, or marks of heavy equipment or other disturbed earth shall be <br />smoothed or filled to the surrounding level. <br />32. #(E-2) Unless sooner terminated or revoked by the authorized officer, in accordance with the <br />provisions of the• authorization, this authorization shall expire and becane void on December 31. 2005 , <br />but a new special-use authorization to occupy and use the same National Forest System land may be granted <br />provided the holder will conQly with the then-existing laws and regulations governing the occupancy and <br />use of National forest lands and shall have notified the authorized officer not less than 3 months prior <br />to said dale thal such new authorization is desired. <br />33. #(X-3) Nothing in [his permit shall be construed to iilply permission to build or naintain any <br />structure not specifically named on the face of this permit, or approved by the authorized offi icer in the <br />form of a new permit or permit amerdment- <br />34. #(%-18) This permit supersedes a sped al-use permit designated: December 2,1987, Anent No. 01 <br />dated August 15, 1988. <br />35. #(%-19) The holder agrees to permit the free and unrestricted access to and upon the premises <br />at all times for all lawful and proper purposes not inconsistent with the intent of the permit or with <br />the reasonable exercise and enjoyment by the holder of the privileges thereof. <br />36. #(X-49) This permit is not exclusive; that is, the Forest Service reserves the right to use or <br />permit others to use any part of the permitted area for any purpose, provided such use does not interfere <br />with the rights and privileges hereby authorized. <br />37. #(X96) Appeal of any provisions of this authorization or any requirements thereof shall be <br />subject to the appeal regulations at 36 CFR 251, Subpart C (54 FR 3362, January 23, 1989), or revisions <br />thereto. <br />