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• 3 • <br />12. Access to the area involved in the permit across private lands is not guaranteed by the <br />Government. <br />13. The permittee shall comply with all applicable Federal laws and regulations existing or <br />hereafter enacted or promulgated. In any event, the permittee shall comply with the Toxic <br />Substances Control Act of 1976, as amended (15 USC 2601, et seq.) with regard to any <br />toxic substances that are used, generated by or stored on the permit area authorized under <br />this permit. (See 40 CFR, Part 702-799 and especially, provisions on polychlorinated <br />biphenyls, 40 cfr 761.1-761.193). Additionally, any release of toxic substance (leaks, spills, <br />etc.) in excess of the reportable quantity established by 40 CFR, Part 117 shall be reported <br />as required by the Comprehensive Environmental Response, Compensation and Liability Act <br />of 1980, Section 102b. A copy of any report required or requested by any Federal agency <br />or State government as a result of a reportable concurrent with the filing of the reports to <br />the involved Federal agency or State government. <br />14. The permittee agrees to the employment of any other practices as prescribed by the <br />authorized officer which will enhance and protect the public interests and which may be <br />prescribed after due investigation of the circumstances. <br />15. For public safety purposes, a locked gate shall be maintained to limit access to the material <br />site during periods of non-use (this would include nightly closure). <br />16. Seasonal restrictions: In order to eliminate disturbance impacts to wintering big game, <br />normal use of the pit shall occur only from May 1 to November 30. For the months of <br />December, March, and April exceptions to the seasonal restriction may be authorized, in <br />writing, by BLM's Authorized Officer if the County obtains concurrence from the local CDOW <br />officer that, due to weather conditions or other factors, big game animals are not making use <br />of the site in normal concentrations. In the event of a public emergency, a short term <br />exception may be granted by the Authorized Officer at any time during the closure period. <br />17. The permit is subject to prior existing rights. <br />18. The buffer zone around the powerlines and substation is 200 feet, unless written permission <br />is granted by the powerline right-of-way holder and submitted to the Authorized Officer. <br />19. The County will complete aone-time habitat improvement project that consists of using a <br />bulldozer to crush up to i8 acres of decadent mountain shrub habitat in order to stimulate <br />resprouting and improve vigor of the stand. BLM will identity one or more sites close to the <br />pit, and cooperatively schedule the crushing operations with the County. No seeding of the <br />project sites is planned and the acreage may be crushed in stages during the life of the pit. <br />20. The County will erect a gate at, or near, the entrance to public land on County Road 10-B, <br />at a location mutually agreed to by BLM and the County. The gate will be closed and locked <br />during the winter closure period to prevent vehicular access and disturbance of wintering big <br />game animals. As with the winter closure of the pit, variances to the closure dates will be <br />allowed with the concurrence of the local CROW Conservation Officer. <br />