CONDITIONS UNDER AMENDMENTS Clause Samples

CONDITIONS UNDER AMENDMENTS. A. Conditions related to EFSC Rules at OAR Chapter 345 Division 27 1. Prior to any amendment that changes the site, NWN shall submit to the Oregon Department of Energy (ODOE) a legal description of the Project site to be appended to the Site Certificate prior to construction. [Amendments 4, 8] 2. The Project shall be designed, constructed, operated and retired: a. Substantially as described in the amended Site Certificate; b. In compliance with the requirements of ORS Chapter 469, applicable Council rules, and applicable state and local laws, rules and ordinances in effect at the time the Council issues or amends the Site Certificate; and c. In compliance with all applicable permit requirements of other state agencies. [Amendment 4] 3. No construction, including clearing of a right of way, except for the initial survey, may commence on any part of the facility until the certificate holder has adequate control, or has the statutory authority to gain control, of the lands on which clearing or construction will occur. [Amendment 4] 4. NWN shall, to the extent practical, prevent any condition from developing on the Project site that would preclude restoration of the site to a useful condition. [Amendments 4, 10] 5. NWN shall restore vegetation to the extent practicable and shall landscape portions of the area disturbed by Project construction in a manner compatible with its surroundings and/or proposed future use. Upon completion of Project construction, NWN shall dispose of all temporary structures not required for future use and all timber, brush, refuse and flammable materials or combustible material resulting from the clearing of land or from construction of the facility. [Amendment 4] 6. NWN may operate all compressors installed as of January 11, 2008 at full rated capacity.4 [Amendments 6, 10] 7. NWN shall notify ODOE, the State Building Codes Division and DOGAMI promptly if site investigations or trenching reveal that conditions in the foundation rocks differ significantly from those described in the Application for Amendment 6, 8, or 9. The Council may, at such time, require the certificate holder to propose additional mitigating actions in consultation with the Department of Geology and Mineral Industries and the Building Codes Division. [Amendment 6] 8. NWN shall notify ODOE, the State Building Codes Division and DOGAMI promptly if shear zones, artesian aquifers, deformations or clastic dikes are found at or in the vicinity of the site. [Amendment 6]...