Department of Natural Resources 6/25/2019

The term hazardous substance means any substance or material as those terms are now or are hereafter defined or regulated under any federal, state, or local law including but not limited to the Comprehensive Environmental Response, Compensation and Liability Act(CERCLA 42 USC 9601 et seq.) as administered by the US Environmental Protection Agency, or the Washington Model Toxic Control Act(MTCA RCW 70.105D) as administered by the State Dept. of Ecology. Grantee shall immediately assume responsibility for a hazardous substance release (spill) caused by Grantee or its Permittees on or adjoining the premises. As responsible party, Grantee shall: • Immediately notify all necessary emergency response agencies, as required under federal, state and local laws,regulations, or policies. • Following emergency response agency notifications, notify State (Dept. of Natural Resources)of all spill releases and Grantee actions completed for spill reporting and actions planned or completed toward spill cleanup. Grantor's notification requirements are"same business day"notification for normal state work days and "next available business day"notification for weekends and holidays. • At Grantees sole expense, conduct all actions necessary to mitigate the spill release. Mitigation response actions may include, but are not necessarily limited to, initial release containment, follow-up site cleanup and monitoring actions, and continued contact and coordination with regulators and Grantor, as defined under the aforementioned laws, regulations,policies and this agreement. • Other than performing initial emergency response cleanup/containment actions; obtain approvals in advance of all site cleanup actions (e.g. site characterization investigations, feasibility studies, site cleanup and confirmation sampling, and groundwater monitoring) conducted on State lands, in coordination with regulatory agencies and Grantor. • Obtain and understand all necessary hazardous substance spill release notification and response mitigation requirements, in advance of conducting Grantee operations on Grantor's land. Survey Markers. Grantee shall not destroy any land survey monuments marking local control points, geodetic control points, and land boundary survey corners without prior written approval from the landowner, which shall not be unreasonably withheld. Land survey monuments that must necessarily be disturbed or destroyed during construction or maintenance activities must be adequately referenced and replaced, at the Grantee's expense, under the direction of a Professional Land Surveyor, licensed in the State of Washington, in accordance with all applicable laws of the State of Washington in force at the time of construction, including but not limited to RCW 58.24, and all Department of Natural Resources regulations pertaining to preservation of such monuments. State to Private RUP Page 4 of 23 Road Use Permit No 50-095653