Attachment_3_-_Goat_Lick_Fence_-_MDT_Encroachment_Permit.pdf

Montana Department of Transportation Encroachment Permit

Printed Date: 10/27/2023

2701 Prospect Ave PO Box 201001 Helena, MT 59620-1001

(406) 444-6200 www.mdt.mt.gov

8281Permit Number:

MARK BIELName:

NATIONAL PARK SERVICECompany Name:

GLACIER NATIONAL PARK PO BOX 128Address:

WEST GLACIER, MT 59936

(406) 888-7919Phone Number:

Nature of Permit:

HIGHWAY SIGNS

- 4 “NO STOPPING OR STANDING ON BRIDGE” SIGNS TO BE LOCATED ON ALL 4 CORNERS OF THE GOAT LICK

BRIDGE.

- 2 “GOAT LICK OVERLOOK ½ MILE” HIGHWAY SIGNS TO BE INSTALLED AT THE FOLLOWING COORDINATES.

O WESTBOUND: 48.25278, -113.56888

O EASTBOUND: 48.26355, -113.58001

- 1 DOUBLE SIDED “GOAT LICK OVERLOOK” DIRECTION SIGN WITH COMFORT STATION AND VIEWING ICON.

THE SIGN WILL ALSO HAVE AN OPEN/CLOSED INDICATOR. THIS SIGN WILL BE PLACED AT THE FOLLOWING

LOCATION

O EAST SIDE OF TURNOUT, BEHIND THE GUARD RAIL: 48.257760, -113.573027

FENCE

- PROPOSED NEW FENCING IS AN 8’ TALL CHAIN LINK WILDLIFE FENCE THAT HAS TWO SECTIONS. BOTH SECTIONS ARE ON THE EAST SIDE OF THE BRIDGE. THE FIRST 132’SECTION, THAT INCLUDES A MAN ACCESS GATE, STARTS NEAR THE NEW OVERLOOK AND ENDS AT THE BRIDGE. THE SECOND 230’ SECTION STARTS FROM THE BRIDGE AND ENDS NORTH INTO THE WOODS. ACCESS BEHIND THE NEW NE SECTION OF FENCE IS GAINED FROM THE WALK GATE ON THE NEW SW FENCE LINE AND WALKING UNDER THE BRIDGE. THE FENCE LINE IS MILDLY BRUSHED AND FLAGGED WITH ORANGE FLAGGING. THE STARTING POINT FOR THE LOWER FENCE AND THE ENDING POINT FOR THE UPPER FENCE IS DESIGNATED BY 3 ORANGE FLAGS. THE NORTH ENDING POINT HAS AN OPTION TO BE EXTENDED AN ADDITIONAL 40’ IN THE CONTINUED DIRECTION IF THE BUDGET ALLOWS.

THERE IS EXISTING WILDLIFE FENCING ON THE WEST SIDE OF THE BRIDGE THAT REQUIRES REPAIRS AND REPLACEMENT. THESE REPAIRS ARE NEEDED IN FENCING NEAR THE HIGHWAY ON BOTH SIDES. ACCESS TO THE WEST SIDE OF THE BRIDGE IS GAINED FROM AN EXISTING WALK GATE IN AN EXISTING FENCE ON THE WEST SIDE

OF THE HIGHWAY.

THE FENCE DETAILS ARE AS FOLLOWS.

O 8’ TALL CHAIN LINK WITH TOP AND MID RAIL.

O 362’ TOTAL LF

O 132’ LOWER FENCE WITH WALK GATE

O 230’ UPPER FENCE WITH 24’ PANEL OVER GAS LINE.

O REPAIRS TO EXISTING WEST SIDE FENCE (GATE REPAIR, TOP BEAM, ELONGATION OF CHAIN LINK ON

ERODED AREA, REPLACEMENT OF CERTAIN SECTIONS)

County

Conditions of Permit:

US-2 183.00 Flathead

Mile Post Start

C000001

Corridor

182.00

Mile Post EndSign Route

Other Remarks and/or Conditions:

Encroachment Permit

Printed Date: 10/27/2023

2701 Prospect Ave PO Box 201001 Helena, MT 59620-1001

(406) 444-6200 www.mdt.mt.gov

Oct 23, 2023

Applicant Date Issue Date End Date

Oct 27, 2023 Permanent

Permit Type

Kalispell

Maintenance Division

Type Signature Title MDT District Traffic Engineer Rebecca Franke Applicant Eric Boyd MDT District Rep Justun Juelfs Maintenance Chief

Signatures

Encroachment Permits are subject to the following terms and conditions:

TERM - This permit shall be in full force and effect from the date hereof until revoked as herein provided.

FEE - The fee for issuance of this permit is ______.

REVOCATION - This permit my be revoked by State upon giving 45 days notice to Permittee by ordinary mail, sent to the address shown herein. However, the State may revoke this permit without notice if Permittee violates any of its conditions or terms.

COMMENCEMENT OF WORK - No work shall be commenced until Permittee notifies the Maintenance Chief shown in application the date the Permittee proposes to commence work.

CHANGES IN HIGHWAY - If State highway changes necessitate changes in structures or installations installed under this permit, permittee will make necessary changes without expense to State.

STATE SAVED HARMLESS FROM CLAIMS - In accepting this permit the Permittee, its/his successors or assigns, agree to protect the State and save it harmless from all claims, actions or damage of every kind and description which may accrue to, or be suffered by, any person or persons, corporations or property by reason of the performance of any such work, character of materials used, or manner of installations, maintenance and operation, or by the improper occupancy of said highway right of way, and in case any suit or action is brought against the State and arising out of, or by reason of, any of the above causes, the Permittee, its/his successors or assigns, will upon notice to it/him of the commencement of such action, defend the same at its/his sole cost and expense and satisfy any judgment which may be rendered against the State in any such suit or action.

PROTECTION OF TRAFFIC - The Permittee shall protect the work area with traffic control devices that comply with the Manual of Uniform Traffic Control Devices. The Permittee may be required to submit a traffic control plan to the Maintenance Chief for approval prior to starting work. During work, the Maintenance Chief or designee may require the Permittee to use additional traffic control devices to protect traffic or the work area. No road closure shall occur without prior approval from the District Engineer.

HIGHWAY AND DRAINAGE - If the work done under this permit interferes in any way with the drainage of the State highway affected, Permittee shall, at the Permittees expense, make such provisions as the State may direct to remedy the interference.

RUBBISH AND DEBRIS - Upon completion of work contemplated under this permit, all rubbish and debris shall be immediately removed and the roadway and roadside left in a neat and presentable condition satisfactory to the State.

INSPECTION - The installation authorized by this permit shall be in compliance with the attached plan and the conditions of this permit. The Permittee may be required to remove or revise the installation, at sole expense of Permittee. If the installation does not conform with the requirements of this permit or the attached plan.

STATES RIGHT NOT TO BE INTERFERED WITH - All changes, reconstruction or relocation shall be done by Permittee so as to cause the least interference with any of the States work, and the State shall not be liable for any damage to the Permittee by reason of any such work by the State, its agents, contractor or representatives, or by the excercise of any rights by the State upon the highways by the installations or structures placed under this permit.

REMOVAL OF INSTALLATIONS OR STRUCTURES - Unless waived by the State, upon termination of this permit, the Permittee shall remove the installations or structures installed under this permit at no cost to the State and restore the premises to the prior existing condition, reasonable and ordinary wear and tear and damage by the elements, or by circumstances over which the Permittee has no control, excepted.

MAINTENANCE AT EXPENSE OF PERMITTEE - Permittee shall maintain, at its sole expense, the installations and structures for which this permit is granted, in a condition satisfactory to the State.

STATE NOT LIABLE FOR DAMAGE TO INSTALLATIONS - In accepting this permit the Permittee agrees that any damage or injury done to said installations or structures by a contractor working for the State, or by any State employee engaged in construction, alteration, repair, maintenance or improvement of the State highway, shall be at the sole expense of the Permittee.

STATE TO BE REIMBURSED FOR REPAIRING ROADWAY - Upon being billed, therefore, Permittee agrees to promptly reimburse State for any expense incurred in repairing surface of roadway due to settlement at installation, or for any other damage to roadway as a result of the work performed under this permit.

The Permittee shall not discharge or cause discharge of any hazardous or solid waste by the installation or operation of the facility of a State Right-of-Way.

The Permittee will control noxious weeds within the disturbed installation area for two (2) years.

In accordance with Mont. Code Ann. 76-3-403(2), Permittee shall, at Permittees expense, employ the services of a Montana Licensed Professional Land Surveyor to re-establish all existing survey monuments disturbed by work contemplated under this permit.

The use of explosives is prohibited for the installation.

Any condition of this permit shall not be waived without written approval of the appropriate District Engineer.

Printed Date: 10/27/2023

2701 Prospect Ave PO Box 201001 Helena, MT 59620-1001

(406) 444-6200 www.mdt.mt.gov

Encroachment Application

First Name *

MARK

Last Name *

BIEL mark_biel@nps.gov

Email * Applicant Information

Company

NATIONAL PARK SERVICE

Mailing Address *

GLACIER NATIONAL PARK PO BOX 128

Contact Phone *

(406) 888-7919

City *

WEST GLACIER

State *

MT

Zip *

59936

Alternate Contact/Co-Applicant Information (Optional)

First Name Last Name Email Phone Contact Type

ERIC BOYD eric_boyd@nps.gov (406) 871-0859 Co-Applicant Alternate Contact

Location Information Mile Post Start *Route Name

Sign Route *

US-2

Mile Post End

U.S. ROUTE 2

Physical Address *

City *

ESSEX

County *

FLATHEAD

Legal Description

RangeTownship Section

2701 Prospect Ave PO Box 201001 Helena, MT 59620-1001

(406) 444-6200 www.mdt.mt.gov

Encroachment Application

Permit Information

Nature of Permit (Give sufficient detail of anticipated build/structure/activities that the applicant is requesting to occur in MDT's right-of-way.) *

HIGHWAY SIGNS

- 4 “NO STOPPING OR STANDING ON BRIDGE” SIGNS TO BE LOCATED ON ALL 4 CORNERS OF THE GOAT LICK

BRIDGE.

- 2 “GOAT LICK OVERLOOK ½ MILE” HIGHWAY SIGNS TO BE INSTALLED AT THE FOLLOWING COORDINATES.

O WESTBOUND: 48.25278, -113.56888

O EASTBOUND: 48.26355, -113.58001

- 1 DOUBLE SIDED “GOAT LICK OVERLOOK” DIRECTION SIGN WITH COMFORT STATION AND VIEWING ICON.

THE SIGN WILL ALSO HAVE AN OPEN/CLOSED INDICATOR. THIS SIGN WILL BE PLACED AT THE FOLLOWING

LOCATION

O EAST SIDE OF TURNOUT, BEHIND THE GUARD RAIL: 48.257760, -113.573027

FENCE

- PROPOSED NEW FENCING IS AN 8’ TALL CHAIN LINK WILDLIFE FENCE THAT HAS TWO SECTIONS. BOTH SECTIONS ARE ON THE EAST SIDE OF THE BRIDGE. THE FIRST 132’SECTION, THAT INCLUDES A MAN ACCESS GATE, STARTS NEAR THE NEW OVERLOOK AND ENDS AT THE BRIDGE. THE SECOND 230’ SECTION STARTS FROM THE BRIDGE AND ENDS NORTH INTO THE WOODS. ACCESS BEHIND THE NEW NE SECTION OF FENCE IS GAINED FROM THE WALK GATE ON THE NEW SW FENCE LINE AND WALKING UNDER THE BRIDGE. THE FENCE LINE IS MILDLY BRUSHED AND FLAGGED WITH ORANGE FLAGGING. THE STARTING POINT FOR THE LOWER FENCE AND THE ENDING POINT FOR THE UPPER FENCE IS DESIGNATED BY 3 ORANGE FLAGS. THE NORTH ENDING POINT HAS AN OPTION TO BE EXTENDED AN ADDITIONAL 40’ IN THE CONTINUED DIRECTION IF THE BUDGET ALLOWS.

THERE IS EXISTING WILDLIFE FENCING ON THE WEST SIDE OF THE BRIDGE THAT REQUIRES REPAIRS AND REPLACEMENT. THESE REPAIRS ARE NEEDED IN FENCING NEAR THE HIGHWAY ON BOTH SIDES. ACCESS TO THE WEST SIDE OF THE BRIDGE IS GAINED FROM AN EXISTING WALK GATE IN AN EXISTING FENCE ON THE WEST SIDE

OF THE HIGHWAY.

THE FENCE DETAILS ARE AS FOLLOWS.

O 8’ TALL CHAIN LINK WITH TOP AND MID RAIL.

O 362’ TOTAL LF

O 132’ LOWER FENCE WITH WALK GATE

O 230’ UPPER FENCE WITH 24’ PANEL OVER GAS LINE.

O REPAIRS TO EXISTING WEST SIDE FENCE (GATE REPAIR, TOP BEAM, ELONGATION OF CHAIN LINK ON

ERODED AREA, REPLACEMENT OF CERTAIN SECTIONS)

Apply Date *

10/23/23

For how long a period is the permit desired? (e.g. Permanent, 30 days, May 1-June 30, 202x)?

PERMANENT

Project Scope (Please describe location of work and entire project scope. Include distance from existing highway survey station (if applicable), milepost, centerline, or right-of-way line near which installations of structures will be installed. Please attach a map depicting location.)

GOAT LICK OVERLOOK AREA, BETWEEN MILE MARKER 182 - 183.

HIGHWAY SIGNS

- 4 “NO STOPPING OR STANDING ON BRIDGE” SIGNS TO BE LOCATED ON ALL 4 CORNERS OF THE GOAT LICK

BRIDGE.

- 2 “GOAT LICK OVERLOOK ½ MILE” HIGHWAY SIGNS TO BE INSTALLED AT THE FOLLOWING COORDINATES.

O WESTBOUND: 48.25278, -113.56888

O EASTBOUND: 48.26355, -113.58001

2701 Prospect Ave PO Box 201001 Helena, MT 59620-1001

(406) 444-6200 www.mdt.mt.gov

Encroachment Application

- 1 DOUBLE SIDED “GOAT LICK OVERLOOK” DIRECTION SIGN WITH COMFORT STATION AND VIEWING ICON.

THE SIGN WILL ALSO HAVE AN OPEN/CLOSED INDICATOR. THIS SIGN WILL BE PLACED AT THE FOLLOWING

LOCATION

O EAST SIDE OF TURNOUT, BEHIND THE GUARD RAIL: 48.257760, -113.573027

FENCE

- PROPOSED NEW FENCING IS AN 8’ TALL CHAIN LINK WILDLIFE FENCE THAT HAS TWO SECTIONS. BOTH SECTIONS ARE ON THE EAST SIDE OF THE BRIDGE. THE FIRST 132’SECTION, THAT INCLUDES A MAN ACCESS GATE, STARTS NEAR THE NEW OVERLOOK AND ENDS AT THE BRIDGE. THE SECOND 230’ SECTION STARTS FROM THE BRIDGE AND ENDS NORTH INTO THE WOODS. ACCESS BEHIND THE NEW NE SECTION OF FENCE IS GAINED FROM THE WALK GATE ON THE NEW SW FENCE LINE AND WALKING UNDER THE BRIDGE. THE FENCE LINE IS MILDLY BRUSHED AND FLAGGED WITH ORANGE FLAGGING. THE STARTING POINT FOR THE LOWER FENCE AND THE ENDING POINT FOR THE UPPER FENCE IS DESIGNATED BY 3 ORANGE FLAGS. THE NORTH ENDING POINT HAS AN OPTION TO BE EXTENDED AN ADDITIONAL 40’ IN THE CONTINUED DIRECTION IF THE BUDGET ALLOWS.

THERE IS EXISTING WILDLIFE FENCING ON THE WEST SIDE OF THE BRIDGE THAT REQUIRES REPAIRS AND REPLACEMENT. THESE REPAIRS ARE NEEDED IN FENCING NEAR THE HIGHWAY ON BOTH SIDES. ACCESS TO THE WEST SIDE OF THE BRIDGE IS GAINED FROM AN EXISTING WALK GATE IN AN EXISTING FENCE ON THE WEST SIDE

OF THE HIGHWAY.

THE FENCE DETAILS ARE AS FOLLOWS.

O 8’ TALL CHAIN LINK WITH TOP AND MID RAIL.

O 362’ TOTAL LF

O 132’ LOWER FENCE WITH WALK GATE

O 230’ UPPER FENCE WITH 24’ PANEL OVER GAS LINE.

O REPAIRS TO EXISTING WEST SIDE FENCE (GATE REPAIR, TOP BEAM, ELONGATION OF CHAIN LINK ON

ERODED AREA, REPLACEMENT OF CERTAIN SECTIONS)

If a Corporation, give State of Incorporation and names of President and Secretary

No

Are there environmental actions involving hazardous waste sites? (Superfund, Spills, Underground Storage Tanks, Old Mines, etc.) If Yes you will need to fill out additional environment questions.

Yes

2701 Prospect Ave PO Box 201001 Helena, MT 59620-1001

(406) 444-6200 www.mdt.mt.gov

Encroachment Application

Environmental Checklist

Checklist Conditions and Required Approvals

A. The applicant is not authorized to proceed with the proposed work until the checklist has been reviewed and approved, as necessary, and any requested conditions of approval have been incorporated.

B. Complete the checklist items 1 through 16, indicating "Yes" or "No" for each item. Include comments, explanations, information sources, and a description of the magnitude/importance of potential impacts in the right hand column. Attach additional and supporting information as needed. The checklist preparer, by signing, certifies the accuracy of the information provided.

C. If "Yes" is indicated on any of the items, the Applicant must explain the impacts as applicable. Appropriate mitigation measures that will be taken to avoid, minimize, and/or mitigate adverse impacts must also be described. Any proposed mitigation measures will become a condition of approval. Use attachments if necessary. If the applicant checks “No” and the District concludes there may in fact be potential impacts, the Environmental Checklist must be forwarded to Transportation Planning for review and approval.

D. If “Yes” is indicated in item 11 a. (threatened or endangered species), the Applicant should provide information naming the particular species and the expected location, distribution and habitat use in the proposed action area, i.e. within the immediate area of the proposed action; or, in the general area on occasion (seasonally passes through) but does not nest, den or occupy the area for more than a few days.

E. If the applicant checks "Yes" for any item, the approach permit, occupancy agreement or permit, along with the checklist and supporting information, including the Applicant's mitigation proposal, documentation, evaluation and/or permits must be submitted to Transportation Planning. Electronic format is preferred.

F. When the applicant checks “Yes” to any item, the Applicant cannot be authorized to proceed with the proposed work until the MDT Environmental Services Bureau and/or Transportation Planning, as appropriate, reviews the information and signs the checklist.

G. Applicant must obtain all necessary permits or authorizations from other entities with jurisdiction prior to beginning the proposed action or activity. The Applicant is solely responsible for any environmental impacts incurred as a result of the project; obtaining any necessary environmental permits, notifications, and/or clearances; and ensuring compliance with environmental laws and regulations.

The Montana Environmental Checklist Help Guide can be found on the web at https://www.mdt.mt.gov/other/webdata/external/planning/forms/environmental-checklist-helpsheet.pdf

Impact Questions * Actions that qualify for Categorical Exclusion under MEPA and/or NEPA (See ARM

18.2.261 and 23 CFR 771.117)

Comment, Explanation, and/or Information Source (Attach supporting information, as necessary.)

1 Will the proposed action impact any known historical or archaeological site(s)?

NO

2 Will the proposed action impact any publicly owned parkland(s), recreation area(s), wildlife or waterfowl refuge(s)?

YES Project will take place on Glacier National Park land to improve visitor safety and wildlife highway passage.

3 Will the proposed action impact prime farmlands? (If "YES", attach a completed Farmland Conversion Impact Rating Ad-1006.)

NO

4a Will the proposed action have an impact on the human environment that may result from relocations of persons or businesses, changes in traffic patterns, changes in grade, or other types of changes?

NO

4b Has the proposed action received any preliminary or final approval from the local land use authority?

YES Glacier National Park Service has approved of this project. Project has completed MDT SIAP review.

5 For the proposed action, is there documented controversy on environmental grounds? (For example, has the applicant received a letter of petition from an environmental organization?)

NO

6 Will the proposed action require work in, across or adjacent to a listed or proposed Wild or Scenic River?

NO

2701 Prospect Ave PO Box 201001 Helena, MT 59620-1001

(406) 444-6200 www.mdt.mt.gov

Encroachment Application

7 Will the proposed action require work in a Class I Air Shed or nonattainment area?

NO

8 Will the proposed action impact air quality or increase noise, even temporarily?

NO

9a Is the proposed action located within an MS4 Area?

(HTTPS://TINYURL.COM/3H54CNMD)

NO

9b Will the proposed action have potential to affect water quality, wetlands, streams or other water bodies? If "YES", an environment-related permit or authorization may be required.

NO

10 Are solid or hazardous wastes or petroleum products likely to be encountered? (For example, project occurs in or adjacent to Superfund sites, known spill areas, understorage tanks, or abandoned mines.)

NO

11a Are there any listed or candidate threatened or endangered species, or critical habitat in the vicinity of the proposed action?

NO

11b Will the proposed action adversely affect listed or candidate threatened or endangered species, or adversely modify critical habitat?

NO

12 Will the proposed action require an environmental-related permit or authorization? If the answer is "YES", please list the specific permits or authorizations.

NO

13 Is the proposed action within designated sage grouse habitat (https://sagegrouse.mt.gov). (If "YES", a consultation letter issued from the Montana Sage Grouse Habitat Conservation Program is required.)

NO

14a Is the proposed action on or within approximately 1 mile of an Indian Reservation?

NO

14b If "YES", will a Tribal Water Permit be required? N/A

15 Will the proposed action result in increased traffic volumes, increased wait or delays on state highways, or have adverse impacts on other forms of transportation (rail, transit or air movements)?

NO

16 Is the proposed action part of a project that may require other governmental permits, licenses or easements? If “Yes”, describe the full extent of the project and any other permits, licenses or easements that may be necessary for the applicant to acquire in the project scope box above.

NO

17 Attach a brief description of the work to be performed, including any subsurface work.

YES

18 Attach representative photos of the site(s) where the proposed action would be implemented. Photos are to include any structures, streams, irrigation canals, and/or potential wetlands in the project area.

NO

19 Attach map(s) showing the location(s) of the proposed action(s);

Section, Township, Range; highway or route number and approximate route post(s).

YES

Checklist preparer: ERIC BOYD (Signature)

Encroachment Permits are subject to the following terms and conditions:

TERM - This permit shall be in full force and effect from the date hereof until revoked as herein provided.

FEE - The fee for issuance of this permit is ______.

REVOCATION - This permit my be revoked by State upon giving 45 days notice to Permittee by ordinary mail, sent to the address shown herein. However, the State may revoke this permit without notice if Permittee violates any of its conditions or terms.

COMMENCEMENT OF WORK - No work shall be commenced until Permittee notifies the Maintenance Chief shown in application the date the Permittee proposes to commence work.

CHANGES IN HIGHWAY - If State highway changes necessitate changes in structures or installations installed under this permit, permittee will make necessary changes without expense to State.

STATE SAVED HARMLESS FROM CLAIMS - In accepting this permit the Permittee, its/his successors or assigns, agree to protect the State and save it harmless from all claims, actions or damage of every kind and description which may accrue to, or be suffered by, any person or persons, corporations or property by reason of the performance of any such work, character of materials used, or manner of installations, maintenance and operation, or by the improper occupancy of said highway right of way, and in case any suit or action is brought against the State and arising out of, or by reason of, any of the above causes, the Permittee, its/his successors or assigns, will upon notice to it/him of the commencement of such action, defend the same at its/his sole cost and expense and satisfy any judgment which may be rendered against the State in any such suit or action.

PROTECTION OF TRAFFIC - The Permittee shall protect the work area with traffic control devices that comply with the Manual of Uniform Traffic Control Devices. The Permittee may be required to submit a traffic control plan to the Maintenance Chief for approval prior to starting work. During work, the Maintenance Chief or designee may require the Permittee to use additional traffic control devices to protect traffic or the work area. No road closure shall occur without prior approval from the District Engineer.

HIGHWAY AND DRAINAGE - If the work done under this permit interferes in any way with the drainage of the State highway affected, Permittee shall, at the Permittees expense, make such provisions as the State may direct to remedy the interference.

RUBBISH AND DEBRIS - Upon completion of work contemplated under this permit, all rubbish and debris shall be immediately removed and the roadway and roadside left in a neat and presentable condition satisfactory to the State.

INSPECTION - The installation authorized by this permit shall be in compliance with the attached plan and the conditions of this permit. The Permittee may be required to remove or revise the installation, at sole expense of Permittee. If the installation does not conform with the requirements of this permit or the attached plan.

STATES RIGHT NOT TO BE INTERFERED WITH - All changes, reconstruction or relocation shall be done by Permittee so as to cause the least interference with any of the States work, and the State shall not be liable for any damage to the Permittee by reason of any such work by the State, its agents, contractor or representatives, or by the excercise of any rights by the State upon the highways by the installations or structures placed under this permit.

REMOVAL OF INSTALLATIONS OR STRUCTURES - Unless waived by the State, upon termination of this permit, the Permittee shall remove the installations or structures installed under this permit at no cost to the State and restore the premises to the prior existing condition, reasonable and ordinary wear and tear and damage by the elements, or by circumstances over which the Permittee has no control, excepted.

MAINTENANCE AT EXPENSE OF PERMITTEE - Permittee shall maintain, at its sole expense, the installations and structures for which this permit is granted, in a condition satisfactory to the State.

STATE NOT LIABLE FOR DAMAGE TO INSTALLATIONS - In accepting this permit the Permittee agrees that any damage or injury done to said installations or structures by a contractor working for the State, or by any State employee engaged in construction, alteration, repair, maintenance or improvement of the State highway, shall be at the sole expense of the Permittee.

STATE TO BE REIMBURSED FOR REPAIRING ROADWAY - Upon being billed, therefore, Permittee agrees to promptly reimburse State for any expense incurred in repairing surface of roadway due to settlement at installation, or for any other damage to roadway as a result of the work performed under this permit.

The Permittee shall not discharge or cause discharge of any hazardous or solid waste by the installation or operation of the facility of a State Right-of-Way.

The Permittee will control noxious weeds within the disturbed installation area for two (2) years.

In accordance with Mont. Code Ann. 76-3-403(2), Permittee shall, at Permittees expense, employ the services of a Montana Licensed Professional Land Surveyor to re-establish all existing survey monuments disturbed by work contemplated under this permit.