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~/ _..,_ . <br />ergency use of pestic s may occur. The use of aubs~nces on or near the <br />ght-of-way area shall be in accordance with the approved plan. A pesticide shall <br />be used only in accordance with its registered uses and without other limitations if <br />the Secretary of the Interior has not imposed restrictions. A pesticide shall not be <br />used if the Secretary has prohibited its use. Pesticides shall not be permanently <br />stored on public lands authorized for use under this right-of-vay grant. <br />c. All operations shall be in accordance with those specified in the mining permit <br />application for 'the Moon Lake Power Plant Project, Units 1 b 2, approved by the Office <br />of Surface Mining. Said application is incorporated by reference and made a part hereof. <br />In the event of'a conflict between any item in said application and the terms, conditions <br />and stipulations of this grant, the terms, conditions and stipulations of this grant <br />shall prevail unless otherwise determined by the licensor. <br />d. Construction activity shall not proceed on the overland conveyor until five days <br />after a scheduled pre-construction field conference. The holder shall schedule the <br />conference with the Bureau of Land Management, P.0. Box 928, Meeker, Colorado 81641. <br />The holder shall flag the overland conveyor route prior to the pre-construction field <br />conference. <br />e. At least 30 days prior to the beginning of construction, the holder shall submit <br />to the Authorized Officer for approval the proposed contract for construction of the road <br />and conveyor authorized herein. Said contract shall be developed in consultation with <br />the Authorized Officer, and at a minimum is required to include: <br />(1) Proposed use areas that will be located on public land outside of the right- <br />of-way, for which additional use authorization will be necessary. Examples would be <br />staging of equipment storage areas, borrow and/or riprap areas, topsoil stockpiling areas, <br />etc. <br />(2) Plans for clearing and grubbing to include locations of cuts and fills, etc. <br />(3) Proposed channel relocations and plans for stabilization of both the old and <br />new channels. <br />(4) Location of access roads and range improvements projects which will be affected <br />and planned mitigation or avoidance measures. _ <br />(S) Plan of transportation to include the type of heave equipment to be used on the <br />right-of-way, during and after construction, and the route by which the equipment will <br />travel to the right-of-way. <br />Upon approval by the Authorized Officer, said contract for construction is incorporated <br />by reference and made a part hereof. The holder shall comply with all the terms, <br />conditions, and stipnlations of• this approved contract for construction. <br />f. The holder shall notify the Authorized Officer 24 hours prior to start of con- <br />struction. <br />g. Any timber or vegetative material over 4 inches in diameter that is not removed <br />from public land shall be chipped and used as mulch on reseeded areas. All stumps shall <br />be buried in the refuse disposal area. All stems and branches less than 4 inches in <br />diameter shall be scattered away from the disturbance as directed by and to the <br />satisfaction of the Authorized Officer.' • <br />h. The holder shall protect all survey monuments, benchmarks, bearing trees, witness <br />corners, reference markers and other monuments against destruction or damage during <br />construction operations. In the event that survey monuments or markers are found, the <br />Authorized Officer shall be notified, and he shall prescribe specific requirements to <br />insure the protection of any found survey monuments. If any monument or corner is in an <br />area subject to disturbance or destruction, the monument will be referenced by a registered <br />land surveyor in such a manner that it can be replaced within 0.1 foot of its original <br />position and properly recorded in compliance with Colorado Revised Statutes 38-53-101 <br />through 38-53-112 (1973). <br />i. Construction-related travel shall be restricted to approved access routes. <br />Cross-country and ORV construction-related travel is prohibited unless specifically <br />approved by the Authorized Officer. <br />Page 4 of 6 <br />