1994-12-01_REVISION - X199421400

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r Exhibit 8 Stipulations C0057596 1. The holder shall construct, operate, and maintain the facilities, improvements, and structures within this right-of-way in strict conformity with the plan(s) of development identified with the application. Any relocation, additional construction, or use that is not in accord with the approved plan(s) of development, shall not be initiated without the prior written approval of the authorized officer. A copy of the complete right-of-way grant, including all stipulations and approved plan(s) of development, shall be made available on the right-of-way area during construction, operation, and termination to the authorized officer. Noncompliance . with the above will be grounds for an immediate temporary suspension of activities if it constitutes a threat to public health and safety or the environment. 2. Any cultural and/or paleontological resource (historic or prehistoric site or object) discovered by the holder, or any person working on his behalf, on public or Federal land shall be immediately reported to the authorized officer. Holder shall suspend all operations in the Immediate area of such discovery until written authorization to proceed is issued by the authorized officer. An evaluation of the discovery will be made by the authorized officer to determine appropriate actions to prevent the loss of significant cultural or scientific values. The holder will be responsible for the cost of evaluation and any decision as to proper mitigation measures will be made by the authorized officer after consulting with the holder. 3. 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 Substances Control Act of 1976, as amended (15 U.S.C. 2601, !at a q.) 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 biphenyle, 40 CPR 761.1- 761.193. ) Additionally, any release of toxic substances (leaks, spills, etc.) in excess of the reportable quantity established by 40 CFR, 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 report@ to the involved Federal agency or State government. No hazardous materials/waste or trash shall be disposed of on public lands. If a release does occur, it shall be reported to the Little Snake Resource Area office Immediately. 4. To avoid disturbance to wintering mule deer and elk, no activities will be allowed to occur from December 1 to April 30 if severe winter conditions exist. This restriction may be waived by the Authorized Officer if requested by the holder and severe winter conditions do not exist. Because severe winter conditions are not predictable, determination of severe winter conditions will be done by BLN Little Snake Resource Area in consultation with the Colorado Division of Wildlife. 5. No activity will be conducted on land in section 16 during the period between March 1 through June 15 in order to protect nesting sage grouse. This restriction may be waived if a survey, approved by the Authorized Officer, indicates the area is unsuitable for nesting habitat. 6. 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 inches deep, the soil shall be deemed too wet to adequately support construction equipment. 7. Holder shall maintain the right-of-way in a safe, usable condition, as directed by the authorized officer. (A regular maintenance program shall include, but is not limited to, blading, ditching, culvert installation, and surfacing) .