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HomeMy WebLinkAbout1983-029 Permit-ReederReserviorUnited States Department of Agriculture Forest Service SPECIAL USE PERMIT PL 94-579 This permit is revocable and nontransferable (Ref. FSM 2710) a. Reco,d no. (1-2) "70 -~ District (7-8) 02 State (16-17) 41 -b. Region (3-4) 06 e. User nurnber (9-12) c. Forest (5-6) lO 1204 h. County (18-20) O29 f. Kind of use (13-15) 912 k. Card no. (21) Permission is hereby granted to city of Ashland of City Hall, Ashland, OR 97520 , hereinafter called the permittee, to use subject to the conditions set out below, the following described lands orimprovements: Tracts of land in SW¼ NE¼ NW¼, SE¼ NW¼, SW¼ NW¼ Section 28; NE¼ NE¼ Section 29, T. 39 S., R. 1 E., W.M., as shown on the map which is attached to and hereby made a part of this permit. This permit covers 13 _ acres and/or miles andisissued forthe purpose of: Operating and maintaining a water collection system consisting of two small dams, a work road, a twenty-four inch conduit, and reservoir areas; in order to intercept, store,divert and transport water for the City of Ashland's Municipal water supply. 1. Construction or occupancy and use under this permit shall begin within -- months, and construction, if any, shall be completed within -- __months, from the date of the permiL This use shall be actually exercised at least 365 days each year, unless otherwise authorized in writing° 2. In consideration for this use, the permittee shall pay to the Forest Service, U.S. Department of Agriculture, the sum of One Hundred Fifty One &67/Dollars($ 151.67 ) for the period from June 1, 1983 , to D_e_cember 31 , 19 8~__, and thereafter annually on January , TWO Hundred Sixty and no/00 Dollars ($ 260.DD ): Provided, however, Charges for this use may be made or readjusted whenever necessary to place the charges on a basis commensurate with the value of use authorized by this permit. 3. This per,~! is accepted subject to the conditions set forth herein, andto conditions 18 to ~ J ~"~- attached hereto and made a part of this permiL ~TURE Of AUTHOriZED OFFICER TITLE ~ Forest Supervisor (CONTINUED ON REVERSE) DATE 2700-4 4~ Development plans; layout plans; construction, reconstruction, or alteration of improvements; or revision of layout or construction plans for this area must be approved in advance and in writing by the forest supervisor~ Trees or shrubbery on the permitted area may be rem6ved or destroyed only after the forest officer in charge has approved, and has marked or otherwise designated that which may be removed or destroye& Timber cut or destroyed will be paid for by the permittee as follows: Merchantable timber at appraised value; young-growth timber below merchantable size at current damage appraisal value; 7)rovided that the Forest Service reserves the right to dispose of the merchantable timber to others than the per- mittee at no stumpage cost to the permittee~ Trees, shrubs, and other plants may be planted in such manner and in such places about the premises as may be approved by the forest officer in charge° 5~ The permittee shall maintain the improvements and premises to standards of repair, orderliness, neatness, sanitation, and safety acceptable to the forest officer in charge° 6o This permit is subject to all valid claims° 7o The permittee, in exercising the privileges granted by this permit, shall comply with the regulations of the Department of Agriculture and all Federal, State, county, and municipal laws, ordinances, or regula- tions which are applicable to the area or operations covered by this permit° 8o The permittee shall take all reasonable precautions to prevent and suppress forest fires° No ma- terial shall be disposed of by burning in open fires during the closed season established by law or regula- tion without a written permit from the forest officer in charge or his authorized agento ~. T~e permittec ~~~.~-~g~.i~ prmecting-from-d~age-t~4-a~.~per ry. of t~r Unltc~ ~lti~-~.[e~.~g[i.~ence or from the violation of the terms of this permi, m" o~.~3aw er re;x~xt!en xpp}~- 10. The permittee shall fully repair all damage, other than ordinary wear and tear, to national forest roads and trails caused by the permittee in the exercise of the privilege granted by this permit~ 11o No Member of or Delegate to Congress or Besident Commissioner shall be admitted to any share or part of this a~reement or to any benefit that may arise herefrom unless it is made with a co~oration for its ~eneral benefit~ 12. Upon abandonment, termination, revocation, or cancellation of this permit, the permittee shall remove within a reasonable time all structures and improvements except those owned by the United States, and shall restore the site, unless otherwise agreed upon in writing or in this permito If the permittee fails to remove all such structures or improvements within a reasonable period, they shall become the property of the United States, but that will not relieve the permittee of liability for the cost of their removal and restoration of the site. 13. This permit is not transferableo If the permittee through voluntary sale or transfer, or through enforcement of contract, foreclosure, tax sale, or other valid legal proceeding shall cease to be the owner of the physical improvements other than those owned by the United States situated on the land described in this permit and is unable to furnish adequate proof of ability to redeem or otherwise reestablish title to said improvements, this permit shall be subject to cancellationo But if the person to whom title to said improvements shall have been transferred in either manner provided is qualified as a permittee and is willing that his future occupancy of the premises shall be subject to such new conditions and stipulations as existing or prospective circumstances may warrant, his continued occupancy of the premises may be authorized by permit to him if, in the opinion of the issuing officer or his successor, issuance of a permit is desirable and in the public interesto 14. In case of change of address, the permittee shall immediately notify the forest supervisoro 15. The temporary use and occupancy of the premises and improvements herein described may be sublet by the permittee to third parties only with the prior written approval of the forest supervisor but the per- mittee shall continue to be responsible for compliance with all conditions of this permit by persons to whom such premises may be subleto 16o This permit may be terminated upon breach of any of the conditions herein or at the discretion of the regional forester or the Chief, Forest Service~ 17. In the event of any conflict between any of the preceding printedclauses orany provisions thereof and any of the following clauses or any provisions thereof, the following clauses will ~,~-~ 18. (Al3) A late payment charge in addition to the regular fees shall be made for failure to meet the fee payment due date or any of the dates specified for submission of statements required for fee calculation. The late payment charge shall be $15, or an amount calculated by applying the current rate prescribed by Treasury Fiscal Requirements Manual Bulletins to the overdue amount for each 30-day period or fraction thereof that the payment is overdue, whichever is greater. If the due date falls on a nonworkday, the late payment charge will not apply until the end of the next workday. 19. (B2-R6) By accepting this permit, the permittee hereby agrees to comply with Title VI of the Civil Rights Act of 1964 and all requirements imposed by or pursuant to the regulation of the United States Department of Agriculture (7 CFR, part 15) issued pursuant to that Act, and hereby assures that in the opera- tion and performance of this permit to take immediately any measures necessary to effectuate this requirement. If any real property or structure thereon is provided or improved with the aid of Federal financial assistance extended to a permittee by the United States Department of Agriculture, this assurance shall obligate the permittee, or in case of any transferee, of such property, any transferee, for the period during which the real property or structure is used for a purpose for which the Federal financial assistance is extended or for another purpose involving the provision of similar services or benefits. If any personal property is so provided, this assurance shall obligate the permittee for the period during which he retains ownership or possession of the property. In all other cases, this assurance shall obligate the permittee for the period during which the Federal Financial assistance is extended to him by this permit. This assurance is given in consideration of the Federal financial assistance extended in this permit to the permtttee by the United States Department of Agriculture. The permtttee recognizes and agrees that such Federal financial assistance will be extended in reliance on the representations and agreements made in this assurance. The permittee further agrees that the United States in addition ~o any other rights and remedies provided by this assurance, the Civil Rights Act of 1964, or the regulations issued thereunder, shall have the right to enforce this agreement by suit for specific performance or by any other available remedy under the laws of the United States or the State in which the breach or violation occurs. 20. (B8) The permittee shall indemnify the United States against any liability for damage to life or property arising from the occupancy or use of National Forest lands under this permit. 21. (B31) Avalanches, rising waters, high winds, falling limbs or trees, and other hazards are natural phenomenons in the forest that present risks which the permittee assumes. The permittee has the responsibility of inspecting his si~e, lot, right-of-way, and immediate adjoining area for dangerous trees, hanging limbs, and other evidence of hazardous conditions and, after securing permission from the Forest Service, of removing such hazards. 22. (D2) No waste or byproducts shall be discharged if it contains any substan- ces in concentrations which will result in substantial harm to fish and wildlife, or to human water supplies. Storage facilities for materials capable of causing water pollution, if acciden- tally discharged, shall be located so as to prevent any spillage into waters, or channels leading into water, that would result in substantial harm to fish and wildlife or to human water supplies. -3- 23. (D19) The permittee agrees to take all reasonable precaution to avoid damage to property and resources of the United States, and diligently to under- take suppression action in the event of fire resulting from the exercise of the prlvtleges herein granted. 24. (E4) Unless sooner terminated or revoked by the Regional Forester, in accordance with the provisions of the permit, this permit shall expire and become void on December 31, 1987, but a new permit to occupy and use the same National Forest land may be granted provided the permittee will comply with the then-existing laws and regulations governing the occupancy and use of National Forest lands and shall have notified the Forest Supervisor not less than Three (3) months prior to said date that such new permit is desired. 25. (ID 15, 2783.1) Pesticides may not be used to control unde/sirable woody and herbaceous vegetation, aquatic plants, insects, rodents, trash fish, etc., without the prior written approval of the Forest Service. A request for appro- val of planned uses of pesticides will be submitted annually by the permi[tee, licensee, etc., on the due date established by the Forest Supervisor. The report will cover a 12 month period of planned use beginning 3 months after the reporting date. Information essential for review will be provided in the form specified. Exceptions to this schedule may be allowed only when unexpected outbreaks of pests require control measures which were not anticiapted at the time the annual report was submitted, at which time an emergency request and approval may be made. Only those materials registered by the U. S. Environmental Protection Agency for the specific purpose planned will be considered for use on National Systems lands. Label instructions will be strictly followed in the application of pesticides and disposal of excess materials and containers. 26. (XiO) Upon revocation of this permit for noncompliance with conditions of this permit, or for other cause, the Forest Service will have the right to and may drain the water from the reservoirs by means of the structural control pro- vided or by other methods. 27. (X19) The permittee agrees to permit the free and unrestricted access to and upon the premises at all times for all lawful and proper purposes not incon- sistent with the intent of the permit or with the reasonable exercise and enjoyment by the permfttee of the privileges thereof. 28. (X20) The Forest Service reserves the right to issue additional permits to other applicants to increase the storage capacity of this site if such action proves feasible. No permit will be granted for additional facilities that will jeopardize the privileges granted by this permit. Any additional permits authorizing larger facilities will provide for payment of costs, including the cost of construction of the original project works, on a cost-benefit ratio- mutually agreeable to the permittee and the new applicant. If the permittee and applicant cannot agree on division of costs, the Forest Service shall decide on an equitable division between the old and new works. 29. (X27) This permit covers use of land for flooding. It is specifically understood that the shoreline touching the National Forest land and the land above the shoreline and above the normal spillway-crest water level shall remain under the jurisdiction of the Forest Service. The Forest Service reserves the right to use and permit use of the land under permit: Provided, That such use does not interfere with the purpose for which this permit is granted. -4- 30. (X67) Th~ perm±ttee agrees that the Forest Service representative may inspect the structures at any time and if not satisfied with the then-existing protection to control soil erosion on the dams and in and below the spillways to strea~ bed, upon written notice thereof, the permittee shall take action to pro- vide protection to control soil erosion. If the Forest Service is not satisfied with any safety, operation, maintenance, or other feature or physical condition of the structures and appurtenances, upon written notice thereof, the permittee shall comply with a request to correct, adjust, or change same. 31. (X81) This permit confers no right to the use of water by the permittee.