Existing Roads. Lessee shall also have the right to use any existing roads on the Surface Property necessary or convenient for its mining, storing, processing, loading, and shipping of coal to or from the Plant.
Existing Roads. To the extent it may do so, the Lessor grants to Lessee the right to use any existing public roads on the Crow Reservation and the right to improve such roads. Subject to the provisions of Article 4 of this Coal Lease and compliance with applicable laws and regulations governing rights-of-way across Indian lands, Lessor shall also grant to Lessee the right to construct, maintain, and use new roads within the Crow Reservation to facilitate activities contemplated by this Coal Lease. Before Lessee paves or improves any existing road, or constructs a new road which provides a link to an existing road providing access beyond the Leased Premises, the Lessor shall be notified of the plan for such road. The location and construction of any new roads shall require the consent of the Lessor and Secretary pursuant to applicable federal law, provided that the Lessor’s consent may not be unreasonably withheld. Lessee will not dedicate any road constructed by it within the Leased Premises for public use and such roads will be marked with signs indicating that they are only for private use unless Lessor determines that such road is needed as a public road, subject, however, to the consent of Lessee. Upon expiration of this Coal Lease, or at such times as the roads constructed on the Leased Premises are no longer needed by Lessee for the activities contemplated under this Coal Lease, the rights granted by Lessor to Lessee to use such roads shall cease. Such roads shall then vest solely in the Lessor or surface owner, which shall assume all further responsibility for the upkeep and maintenance of such roads, to the maximum extent allowed by law.
Existing Roads. Existing roads would be used for construction and maintenance access as much as possible; however, some existing roads would be widened up to 30 feet, including cut and fill slopes to accommodate construction equipment. Roads that would be widened include designated National Forest System (NFS) roads (i.e., roads shown on the Xxxxxx District Motor Vehicle Use Map) and non-system roads. Widening of existing roads on BLM-administered public lands would not be required because there is adequate access to the Bordertown Substation. Roads within occupied or unoccupied potential habitat for the federally-listed threatened plant, Xxxxxx ivesia (Ivesia webberi), and the Forest Service sensitive plant, Dog Valley ivesia (Ivesia aperta var. canina), would not be widened (design feature SV 6 in the FEIS). While widening is not allowed within these habitats, blading and installation of erosion control measures (design feature SV 6 in the FEIS) would be permitted. Several designated NFS roads have seasonal use restrictions from April 1 to November 18 that would be followed during construction (design feature RT 1 in the FEIS). All designated NFS roads widened for construction or maintenance access would be restored to the original roadbed. A description of restoration activities that would be performed following construction and maintenance activities is provided in Section 2.3.3.2 of the FEIS. New Temporary Access Roads New temporary access roads (i.e., centerline travel road and spur roads) would be constructed to pole sites, transmission wire setup sites, and staging areas when there are no existing roads available. Access roads would be 30 feet wide and located within the 300- to 600-foot-wide corridor (variable-width corridor). The variable-width corridor would be centered on the transmission line and would measure 300 feet wide where slopes are 10 percent or less, and 600 feet wide where slopes are greater than 10 percent. Temporary roads would be constructed primarily by mowing or masticating vegetation in a manner that leaves root systems intact to encourage regrowth and minimize soil erosion (design feature VG 5 in the FEIS). Whole tree removal would be required where new access roads cross forested areas. Rocks or other obstructions would be bladed. If rocks cannot be removed with heavy equipment, explosives may be used. While new access roads wider than 30 feet would not be expected, occasional widening beyond 30 feet may be necessary in areas where extensiv...
Existing Roads. Whenever reasonably possible, existing roads shall be used to access any Operations Area or Facility Site. Operator acknowledges that the existing roads may not be currently suitable for Operator’s intended uses, which may include transport of heavy drilling rigs, trucks and equipment, and that Owner will continue to use the existing roads. Consequently, Operator agrees to maintain or improve, at Operator’s sole expense, the condition of existing roads so they are suitable for Operator’s intended uses and Operator shall indemnify and hold Owner harmless from any losses incurred by Owner in connection with Operator’s use of existing roads including, without limitation, costs and attorneys’ fees, unless such loss or cost is the result of Owner’s negligence. Operator shall promptly repair at its sole expense any and all damage to the existing roads caused by Operator.
Existing Roads. During the process of constructing the Project Elements, the Authority will coordinate with USACE to provide for the deconstruction or removal of any remaining portions of County roads, where deemed necessary by the County, as a result of the construction described herein.
