200407899 - Laserfiche WebLink

Browse

200407899 16. TERMINATION NO. DACA45 -2 -04 -6021 This easement may be terminated by the Secretary upon thirty (30) days written notice to the grantee if the Secretary shall determine that the right -of -way hereby granted interferes with the disposal of said land by the United States, or, in addition to the right to revoke at will, it may be revoked by the Secretary for failure of the grantee to comply with any or all of the conditions of this easement, or for abandonment. 17. SOIL AND WATER CONSERVATION The grantee shall maintain, in a manner satisfactory to said officer, all soil and water conservation structures that may be in existence upon said premises at the beginning of or that may be constructed by the grantee during the term of this easement, and the grantee shall take appropriate measures to prevent or control soil erosion within the right -of -way herein granted. Any soil erosion occurring outside the premises resulting from the activities of the grantee shall be corrected by the grantee as directed by said officer. 18. ENVIRONMENTAL PROTECTION a. Within the limits of their respective legal powers, the parties hereto shall protect the premises against pollution of its air, ground and water. The grantee shall comply with any laws, regulations, conditions or instructions affecting the activity hereby authorized if and when issued by the Environmental Protection Agency, or any Federal, state, interstate or local governmental agency having jurisdiction to abate or prevent pollution. The disposal of any toxic or hazardous materials within the premises is specifically prohibited. Such regulations, conditions, or instructions in effect or prescribed by the said Environmental Protection Agency, or any Federal, state, interstate or local governmental agency are hereby made a condition of this easement. The grantee shall not discharge waste or effluent from the premises in such a manner that the discharge will contaminate streams or other bodies of water or otherwise become a public nuisance. b. The use of any pesticides or herbicides within the premises shall be in conformance with all applicable Federal, state, interstate, and local laws and regulations. The grantee must obtain approval in writing from said officer before any pesticides or herbicides are applied to the premises. c. The grantee will use all reasonable means available to protect the environment and natural resources, and where damage nonetheless occurs arising from the grantee's activities, the grantee shall be liable to restore the damaged resources. 19. ENVIRONMENTAL BASELINE SURVEY The grantee has received the technical environmental reports, including the Environmental Baseline Survey for the Property dated 9 -20 November 1998, as amended by Amendment No. 1, 4