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HomeMy WebLinkAboutbocc.ord.032.2020 CONTRACT EMERGENCY ORDINANCE OF THE BOARD OF COUNTY COMIC 'n:7nm OF PITKIN COUNTY,COLORADO 250.2020 - BOCC AUTHORIZING THE BOARD TO AMEND THE COMMUNICATIONS SITE USE LEASE AND ROAD ACCESS PERMIT WITH THE U.S.FOREST SERVICE FOR THE RUEDI COMMUNICATIONS SITE ORDINANCE NO. I -2020 RECITALS: 1. WHEREAS,The United States Forest Service owns property on Red Hill, located above Ruedi Reservoir, as described more fully in the executed lease agreement under USFS Authorization ID SOP 13 3; 2. WHEREAS,Pitkin County holds a lease for maintaining a Commercial Mobile Radio Service communications facility(referred to as the Ruedi Communications Site) on the property under SOP 133 dated from March 3`d, 2005 and set to expire December 31 St, 2034; 3. WHEREAS, Pitkin County intends to rebuild the communications facility to include new equipment and backup generator shelters and an 80-foot self-supporting tower to host a Digital Trunked Radio System(DTRS) in addition to other public safety radio,USFS repeaters, FM radio,commercial services, and microwave backhauls; 4. WHEREAS,The USFS issued an amendment to the special use authorization (SOP133) to allow the reconstruction of the site,as well as a private road special use permit (SOP418)for National Forest Service Road 105.5R and adjoining cross country route to allow use and maintenance of the access road for the purposes of operation and maintenance of the communication site; 5. WHEREAS, Pursuant to 30-35-301 C. R.S.,the Board of County Commissioners ("BOCC")of Home Rule Counties is authorized to make and publish ordinances for carrying into effect or discharging the powers and duties conferred upon such counties by law and as seems necessary; 6. WHEREAS, Pursuant to Section 2.8.2 of the Home Rule Charter("HRC"),the Board of County Commissioners is authorized to take official action by Emergency Ordinance for certain matters where action is prescribed pursuant to the Colorado Revised Statues as amended; 7. WHEREAS, The BOCC finds that adoption of this ordinance is necessary for the immediate preservation of the public health, safety and welfare of the citizens of Pitkin County and therefore declares this ordinance and legislation to be effective immediately pursuant to HRC Section 2.8.2. 1 NOW,THEREFORE,BE IT ORDAINED by the Board of County Commissioners of Pitkin County, Colorado that does hereby authorize the chair or the chair's designee to sign on its behalf the Special Use Authorization Amendment and Private Road Special Use Permit with the U.S. Forest Service for the Reconstruction, Maintenance, and Operation of the Ruedi Communications Site and upon the satisfaction of the County Attorney as to form, execute any other associated documents necessary to complete this matter. INTRODUCED,REM) AND ADOPTED AS AN EMERGENCY ORDINANCE ON THE D - DAY OF d a 2020 AND SET FOR CONFIRMATORY PUBLIC HEARING ON THE A°J-' DAY OF vr' , 2020. NOTICE OF CONFIRMATORY PUBLIC HEARING AND TITLE AND SHORT SUMMARY OF THE EMERGENCY QRDINANCE PUBLISHED IN THE ASPEN TIMES WEEKLY ON THE 9 -' DAY OF U(`-1?),--,2020. NOTICE OF CONFIRMATORY PUBLIC HEARING AND THE FULL TEXT OF THE ORDINANCE POSTED ON THE OFFICIAL PITKIN COUNTY WEBSITE (www.pitkincouni .con-i) ON THE Qom4" DAY OF iot .. ,2020. CONFIRMED AT A PUBLIC HEARING ON THE 1 9,'4 DAY OF A v(t , 2020. PUBLISHED BY TITLE AND SHORT SUMMARY, AFTER CONFIRMATORY PUBLIC HEARING, IN THE ASPEN TIMES WEEKLY ON THE% DAY OF Au I • , 2020. POSTED BY TITLE AND SHORT SUMMARY ON THE OFFICIAL PITKIN COUNTY WEBSITE(www.pitkincutuy.con )ON THE 13'`d DAY OF ( r, 2020. ATTEST: BOARD OF COUNTY COMMISSIONERS F. GL By: By: By: S�„uGUI Jeanette Jones, Deputy County Clerk Steven F. Child, Chair Date: APPROVED AS TO FORM: MANAGER APPROVAL: By A.1_._ 61 By: Psis ittattU. John Ely,County Attorney Phylis Mattice for Jon Peacock County Manager 2 USDA United States Forest White River National Forest 900 Grand Ave �— Department of Service Glenwood Springs,CO 81601-3602 1111110.1111 Agriculture File Code: 2720 Date: July 28,2020 Pitkin County Board of County Commissioners CONTRACT Attn: Kara Silbernagel 530 E. Main St., Suite 302 Aspen,CO 81611 # . .9,G'(,�2G-60Ft. Dear Ms. Silbernagel: Enclosed is a fully executed amendment to your Communications Use Lease(SOP133)allowing for removal and replacement of current infrastructure on the Ruedi Hill (formerly Red Hill) Communications Site. Also enclosed is a fully executed Private Road Special Use permit allowing you to reconstruct, maintain, and use NFSR I 05.5R, Ruedi Hill Road,and to perform minor maintenance and vehicular use of a cross-country route as it currently exists from the end of NFSR 105.54 to the Ruedi Hill Communications Site, in order to access the Ruedi Hill Communications Site. If you have any questions, please contact Michael Braudis at Michael.braudis@usda.gov or(970) 404-3153. Thank you. Sincerely, SCOTT Digitally signed by SCOTT FITZWILLIAMS FITZWILLIAMS DOa8t. 020.07.2811:31:03 SCOTT G. FITZWILLIAMS Forest Supervisor Enclosures cc: Michael Braudis, Carole Huey, Kim Voiles Caringfbr the Land and ServingPeople P Print on Roc,cIea vaa, Auth ID: SOP133 FS-2700-23 (v. 10/09) Contact ID: PITCO_COMM OMB No. 0596-0082 Use Code: 815 U.S. DEPARTMENT OF AGRICULTURE FOREST SERVICE AMENDMENT FOR SPECIAL-USE AUTHORIZATION Amendment#: 1 This amendment is attached to and made a part of the SOP 133 special use authorization for COMMERCIAL MOBILE RADIO SERVICE issued to PITKIN COUNTY BOARD OF COUNTY COMMISSIONERS on 03/03/2005 which is hereby amended as follows: Removal of the existing tower and building structures at the north and south Ruedi "Red" Hill Communications Sites and redevelopment for the purpose of construction, operation, and maintenance of a communications site to contain: • One factory-built, insulated 16' x 10' equipment shelter; • One factory-built, insulated 12'x 10' generator shelter, both to be painted Dark Green (Federal Color Fan #34086 ); • One 80' self-supporting, tri-lattice tower with ice bridge and a 20'x 20' concrete foundation. Antenna support structure is to be treated with Natrina stain or similar coloring product. All (attached) antenna shall be Dark Gray in color; • Ancillary Structures: One portable(or trailer mounted) propane tank, One 120v buried powerline approximately 100' in length, to be placed as depicted in Exhibit A: Map; Exhibit B: Site Plan. Authorization #S0P418 Special Use Private Road Permit for FSR105.5R and Cross Country Access Route shall authorize access to this facility for a term commensurate with authorization #S0P133 and/or until such a time Pitkin County Board of County Commissioners no longer needs, nor holds, a Communications Site Lease for the Ruedi Hill Communications Site. This Amendment is accepted subject to the conditions set forth herein, and to Exhibit C: Construction and Rehabilitation Stipulations attached hereto and made a part of this Amendment. PITKIN COUNTY BOARD OF SC,'TT G. FITZWILLIAMS COUNTY COMMISSIONERS t 4- Holder(Printed Name) Authorized Ofa signature rr �fc?ve r' L Forest Supervisor, White River NF Holder(Signature) Title t 5 1,0 z "7/0/3/4/39-V Date Date • According to the Paperwork Reduction Act of 1995,an agency may not conduct or sponsor,and a person is not required to respond to a collection of inlbmration unless it displays a valid OMB control number.The valid OMB control number for this information collection is 0596-0082_The time required to complete this infonnation collection is estimated to average one(1)hour per response,including the time for reviewing instructions,searching existing data sources,gathering and maintaining the data needed,and completing and reviewing the collection of information. The U.S.Department of Agriculture(USDA)prohibits discrimination in all its programs and activities on the basis of race,color,national origin,age, disability,and where applicable,sex,marital status,familial status,parental status,religion,sexual orientation,genetic information,political beliefs,reprisal, or because all or part of an individual's income is derived from any public'assistance.(Not all prohibited bases apply to all programs.)Persons with disabilities who require alternative means for communication of program information(Braille,large print,audiotape,etc.)should contact USDA's TARGET Center at 202-720-2600(voice and TDD). To file a complaint of discrimination,write USDA,Director,Office of Civil Rights,1400 Independence Avenue,SW,Washington,DC 20250-9410 or call toll free(866)632-9992(voice).TDD users can contact USDA through local relay or the Federal relay at(800)877-8339(TDD)or(866)377-8642(relay voice).USDA is an equal opportunity provider and employer. The Privacy Act of 1974(5 U.S.C.552a)and the Freedom of information Act(5 U.S.C.552)govern the confidentiality to be provided for information received by the Forest Service. Exhibit A Communications Site Lease Pitkin County Ruedi Hill Communications Site Pitkin County Board of County Commissioners SW1/4NE1/4 Sec. 12, T.8 S., R. 85 W., 6th P.M., Eagle County, Colorado Aspen-Sopris RD White River National Forest �// /� � 'i /// . / /// / i//i%/ : / ;;' / , iAspen-Sopris �� / / . //// ji/ �%%%/%j //////�/,/ ,/// ////; ,i / // ////// /////// // //// / ///Ranger District ` // // / / /i// // / / // / /// ///// ///// / / ./_GLt1 - ,,///// / / / / / / /�// ' '1//j / j/////////%7///�//// / // / / ' /%/ /// //// /// /////j-/ /, -i/ /// / // / ////// / , /// /////// / / // / / ,/ //// //// /// //// // / / ,L �/ // / ; /�l:_,_ /.,_ / / /'o8s85wo1 •••White River / /j/�//�/ ///////////N National Forest //// ///// ///i ///� // / �/, ,r • ///r// ,//// / /, U /' j////'/4/ //// '//// �r L.r.._-_-__<—•_-_, i i ai� . 43 ‘,.._. White River '� �, s National Forest p�oG�oss ! �1q. G/ 2 ' Sp V'j — ,Trail 1912-1- i 08S85W12 -- NI `1- 08 '4Wo• l` N Legend ----- N `d RUED!HILL COMMUNICATIONS SITE Communications Site Lease CROSS COUNTRY ROUTE PERMIT AREA S0 P 133A FSR 105.5R PERMIT AREA p7 NON-FOREST SERVICE L-1 USDA FOREST SERVICE 0 0.125 0.25 0.5 Miles •�COUNTY ROADS l I I I I ( I j i -NATIONAL FOREST SYSTEM ROAD TRAILS 1:20,000 tj Mapr Lake c, A4 g b o 1 14 oc s o CC w w Q U Z Q W U 0 'v to Mw CC O ix0 Z Z V cc p z a o g y 4a a w CC o O U W W O I- .- a Z. Q d J w J 0 a r-a' ? V N R Nix d ' a0 � w ooO c ~ a o, 00 w 4a a x a in / b 0 w O ,+ d i \ O. , t \ ...-kJ"\\ 144 101 41 Z 1 Z e g 7.1 ACC a a4 wa 2s 9/ , 1 a ii o / Aga CO f u W z / 0. / — 0 cv oy° oft � � v Al ! 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I zii- icnimiciai III O N a g i w s. I E b. a Q Z IQ j ¢ J .VJ _a <z U cc r N 0 " w3 W r Za. // z3ogi / .2 / g/ / x // / / 0 / o -------- 0 AL X Q 0 • - o•-...ti- . ..L. . / ' ( \ \\ // i \ e o i g T ��.. -........)— AMLI T —. -(7.,, r 1 / 1 1 � s f I I I a kI I 1 �'F N 3 4 U�S Exhibit C CONSTRUCTION and REHABILITATION STIPULATIONS Pitkin County Board of County Commissioners Ruedi Hill Communications Site Redevelopment USDA Forest Service Aspen-Sopris Ranger District. White River National Forest S E 1/4 N W 1/4 Sec. 12,T.8 S., R. 85 W., 6th P,A'1., Eagle County,CO This Stipulation is between Pitkin County Board of County Commissioners_ hereinafter referred to as the Holder, acting by and through its authorized representative. and USDA Forest Service. acting by and through its authorized representative,hereinafter referred to as the Forest Service. Whereas, the Holder has been issued a special-use authorization (SOP133)dated 3 -3"aoO for the use and occupancy of National Forest land for the use and maintenance of a Communications Site with two structures, one 80-foot free standing tower and buried powerline and removal of an abandoned radio site;such authorization requires that all construction conform with.approved plans, specifications, and stipulations. Now, therefore, the Holder agrees to the following terms and conditions,and the Forest Service hereby authorizes the construction to proceed in accordance with these terms and conditions. 1. General Terms Decommisioning'construction•'site rehabilitation of the Ruedi Hill Comunications Site shall be in accordance with the plans and specifications set forth in the Exhibits A, B and the Application for Ruedi Hill Communication Site Redevelopment,attached hereto and made a part hereof. Location where work is to he performed on National Forest is shown on the attached map labeled "Exhibit A." The Forest Service may suspend all or any part of the decommisioning'construction%site rehabilitation activities upon breach of the conditions herein. Prior to suspension. revocation,or termination, the Forest Service shall give the Holder written notice of the grounds for such action and reasonable time to cure any noncompliance. However,the Forest Service may require immediate temporary suspension of all or any part of the activities when the Forest Service determines it is necessary to protect the public health. safety,or the environment. If requested by the Holder,the superior to the officer ordering the suspension. revocation.or termination shall arrange within ten days of the request for an on-the-ground review of the conditions with the Holder. The superior shall anion, modify.or cancel the temporary suspension as soon after the review as possible. 2. Archeological: If undocumented historic and,or prehistoric properties are located during ground disturbing activities or planning activities associated with approved construction activities. all construction CR PLAN-Ruedi Hill C'ominSiie Redevelopment in the immediate vicinity must cease and they will be treated as specified in 36 CFR §800.11 concerning Properties Discovered During Implementation of an Undertaking. Holder will then notify the Forest Service and will not resume excavation until the authorized officer gives written approval. To protect the known cultural site during construction and ensure no inadvertent ground disturbance within that site occurs, a cultural monitor shall be present during construction activities when vehicles larger than pickups pass through the cultural site. Vehicle traffic through the cultural site shall be restricted to the existing unofficial road template; commonly referred to as the"Cross Country Route". 3. Grading: A grading plan will be provided for approval by the Forest Service prior to ground disturbing work. 4. Timber: The Holder shall cut only timber as necessary in clearing for construction, reconstruction,and maintenance. 5. Survey Monuments: The Holder shall take reasonable precautions to protect all public land survey monuments and accessories, private property corners, and Forest boundary markers. In the event that any such land markers or monuments arc damaged or destroyed, the Holder shall reestablish or reference the corner in accordance with directions and procedures to be furnished by the Forest Service. 6. Fires and Prevention: No material may be disposed of by burning in open fires. All scrap material and refuse will be removed from National Forest System lands. Fire Extinguishers required: Type ABC: One per vehicle. Each vehicle shall carry one long-handled serviceable shovel. The Holder shall do everything reasonably within its power to prevent forest tires and shall not dispose of material by burning in open fires during the closed season established by law or regulation without a written permit from the Forest Service. The Holder shall maintain a muffler or spark arrester satisfactory to the Forest Service on the exhausts of all trucks and tractors or other internal combustion engines used in connection with this project.The Holder shall equip each gasoline powersaw at all times with a spark-arresting muffler,in good working condition and adapted to that machine. During periods of dangerous fire weather,as determined by the Forest Service, the Holder must transport and keep with each powersaw at all times such tire tools and portable extinguishers as specified and to take other precautionary measures as may be required by the Forest Service. 7. Fuels and Hazardous Materials:Any fuels or hazardous materials(examples include oils, hydraulic fluids,diesel, etc.),shall he stored in approved containers. Storage of these materials should be minimized. 8. Damage: The Holder shall repair fully all damage to National Forest roads and trails caused by the Holder in exercise of the privileges granted. 9. Erosion Control: Soil-disturbing activities should be avoided during periods of heavy rain or excessively wet soil. The Holder shall be responsible for the prevention and control of soil erosion and gullying in the construction area and adjacent areas and shall take such preventive measures as arc necessary to repair and revegetate damaged areas and to prevent future damage Where erodable soils exist.cross-drainage placement will meet the approximate spacing based on local topogaphy and adequate drainage: CR PLAN •Ruedi Hill C'ommSiie Rede‘elopmeni Slope % Max Distance in Feet 1-6 I 300 7-9 200 10-14 150 15-20 90 _ 21-40 50 41+ 25 10. Equipment Inspection: The(County)project administrator shall inspect all off-road equipment prior to entering NFS lands to ensure that they are free of soil,seeds, vegetative matter,or other debris that could contain or hold noxious weed seeds. "Off-road equipment"includes all construction machinery or off- highway vehicles,except for trucks,service vehicles, water trucks,pickup trucks,cars,and similar vehicles. 11. Equipment Use: All vehicles,excluding tracked equipment and trailers,accessing the communications facility via Forest Service Road 105.5R shall be driven by all available axles and be sufficient to operate on slopes in excess of 35%when loaded; or will be otherwise attached to a pull vehicle of sufficient means to adequately brake said vehicle on slopes in excess of 35 percent, or will be pushed by a vehicle of adequate means to brake said vehicle on slopes in excess of 35 percent. 12. Staging: Staging areas will be limited to the entrance of FSR 105.5R improved and the existing cleared area at the first turn of the road, if not made at the existing decommissioned communication site;any other proposed staging areas will he approved by the Forest Service prior to use.The trailer staging area for decommisioning of the existing southern communications site(located south of the northern redevelopement site)will be flagged and approved prior to use. 13. Accident Reporting: In the event of any accident involving National Forest resources or member of the public,Holder will immediately notify the Forest Service within 24 hours. 14. Noxoius Weeds: Holder shall pretreat existing infestations with approved herbicides within the project area prior to project implementation, when possible.The Holder will submit an application,or Pesticide- Use-Proposal (Form FS-2100-2)prior to treatment. Monitoring following site construction is required to control any noxious weeds that may appear for three years after repairs. All mulching will be done with certified weed-free products. 15. Welding: Welding is herein used to mean: electric arc welding; arc or gas cutting or heating;gas welding; grinding of metal; use of any flammable gas, carbon or hydrocarbon fuel for heating or forging metal, including handheld propane torches. No welding shall be conducted within 100 feet of a fuel storage area. Welding shall not occur when winds over I5-mph occur or fire danger is extreme. All welding shall be done within a cleared area and only when a shovel and 4/5 gallon backpack water pump or other similar substitute is available for use. 16. Blasting: Use of explosives is authorized, subject to the following conditions: a. Operator must have a valid current license from the State of Colorado. b. There shall be no blasting when winds are over 15 mph or fire danger is extreme. A shovel and 415 gallon backpack water pump or other similar substitute must be available for use. c. Adequate safety lookouts shall be posted to ensure public safety during blasting operations. CR PLAN-Ruedi Hill ConunSite Redevelopment 3 17. Esthetics: The Holder shall protect scenic and esthetic values in the construction areas as far as possible. 18. Facility Esthetics: The constructed communications tower shall be treated with Natina stain or similar product designed to dull reflectivity and provide darkened surfaces; all antenna shall be dark gray in color. The generator and equipment shelters shall be painted a dark green - Federal Standard Color Fan SASC: #34086 1.R.Green. 19. Cross Country Route Rehabilitation: Following construction of the communication site, the cross country access corridor shall be scarified to remove construction vehicle tracks and reclaimed to a two-track trail where construction access overlaps the Red Hill Trail #1912. No use of bulldozers, for the purposes of route maintenance, will be made along the cross country route as part of post-construction rehabilitation work. 20. Contacts: The designated contact person for the Forest Service is Michael Braudis, Realty Specialist, (970)404-3153 or Kevin Warner, District Ranger(970)963-2266. The designated contact person for Pitkin County is Kara Silbemagel (970)471-8870. 21. Proof of Permit: Pitkin County will obtain all required state,county and city permits prior to the start of construction. A copy of these construction stipulations and special use permit #SOP 133 will he at the construction site at all times during construction activities. 22. Migratory Birds: Migratory bird surveys shall be required should project activities be scheduled prior to July 15 (March 1-Jul 31). If nest site located along FSR 105.5R is occupied on the transmission line pole, construction shall not begin until young have fledged: July 31 or later. 23. Refuse and Food Storage: All trash containers shall be hear proof and any locations that have food products stored outside of a building shall utilize hear proof food containers. No food or drink shall be stored in construction vehicles. All windows shall be kept closed and doors locked on all vehicles to prevent bear entry. 24. Wildlife Restrictions: Employees shall not bring dogs to NFS lands during construction to prevent disturbance to nearby wildlife. Seed Mix:Coordinate with the Forest Service Botanist for a suitable seed mix based on annual maintenance needs. Seed Mix tags must he saved and given to the USFS inspector upon request. CR PLAN-Ruedi Hill CommSite Redevelopment 4 25. List of Exhibits: Exhibit A- Project Map Exhibit B-Site Plan Application For Ruedi Hill Communications Site Redevelopment In Witness Whereof, the Holder and the Forest Service have caused this stipulation to be executed on this a day of .Tv(• , 2020 Holder: Pitkin County Board of County Commissioners Accepted by: ( ;' Holder Pitkin County.Colorado USDA, Forest Service: • C. Prepared By: *le - - - - Date: Michael Braudis ` �� " Realty Specialist Aspen-Sopris Ranger District Approved By: Date: 7 Z o Kevin Wamer District Ranger Aspen-Sopris Ranger District CR PLAN-Ruedi Hill CommSite Rede%elopment 5 Auth ID: SOP418 FS-2700-4c(02/17) Contact ID: PITCO_COMM OMB No. 0596-0082 Expiration Date: 08/31/2034 Use Code: 753 U.S. DEPARTMENT OF AGRICULTURE FOREST SERVICE PRIVATE ROAD SPECIAL USE PERMIT AUTHORITY: FEDERAL LAND POLICY AND MGMT ACT,AS AMENDED October 21, 1976 PITKIN COUNTY BOARD OF COUNTY COMMISSIONERS,506 E.MAIN STREET,SUITE 302,ASPEN, CO 81611 (hereafter called the Holder) is hereby authorized to use National Forest lands for the reconstruction,maintenance, and use of a road within the White River National Forest for the following purposes: • Use and occupancy of National Forest System land to complete reconstruction,maintenance and use of NFSR 105.5R "Ruedi Hill Road" for the purposes of operation and maintenance of the Ruedi Hill Communication Site located at the SW1/4NE1/4 of Section 12,until such a time that Pitkin County Board of County Commissioners and/or their agents,no longer needs nor holds a Communications Site Lease at the Ruedi Hill Communications Site. This section of road is 8,520' in length,along the existing template as depicted in Exhibit A • • Use and occupancy for the purposes of minor maintenance and vehicular use of a Gross-country route, as it currently exists from the end of NFSR 105.5R to the Ruedi Hill Communications Site. Cross Country Travel Route 2,940' in length, along the existing template as depicted in Exhibit A,until such a time that Pitkin County Board of County Commissioners and/or their agents,no longer needs nor holds a Communications Site Lease at the Ruedi Hill Communications Site. The lands covered by this permit are located in the County of Eagle, State of Colorado and are described as follows: SE1/4 Sec. 1, and the NE1/4 NE1/4 Sec. 12,T. 8 S., R. 85 W.;NW1/4 Sec. 7,T. 8 S., R. 84 W., 6th P.M. This permit covers a right-of-way 2.17 miles in length, 10 to 12 feet in width, containing approximately 3.02 acres , and is located upon the ground according to the survey line, figures,measurements,widths, and other references shown on the map or plat attached hereto as Exhibit A and made a part hereof. This permit is made subject to the following terms,provisions, and conditions: 1. This permit is subject to all existing easements and valid rights existing on this date. 2.The Holder in exercising the privileges granted by this permit shall comply with all applicable State and Federal laws, Executive Orders, and Federal rules and regulations, and shall comply with all State standards for public health and safety, environmental protection, and siting construction, operation, maintenance of or for rights-of-way for similar purposes if those standards are more stringent than applicable Federal standards. SOP418 Pitkin County BOCC Page 1 of 6 3. The Holder shall cut no timber except as authorized by construction stipulations or maintenance agreements. 4. The Holder shall provide maintenance so that no damage occurs on adjacent National Forest land. The Holder shall construct and maintain lead-off drainage and water barriers as necessary to prevent erosion. 5. Holder shall pay the United States for all injury, loss, or damage, including fire suppression costs, in accordance with Federal and State laws. 6. Holder shall indemnify the United States for any and all injury, loss,or damage, including fire suppression costs the United States may suffer as a result of claims,demands, losses, or judgments caused by the Holder's use or occupancy under this permit. 7. Holder shall pay annually in advance a sum determined by the Forest Service to be the fair market value of the use authorized by this permit. The initial payment is set at$ 299.67 or the remainder of the calendar year. Payments for each subsequent calendar year shall be the amount of$ 299.67 adjusted using the Implicit Price Deflator-Gross National Product index (IPD-GNP), or other factor selected by the Forest Service,to reflect more nearly the current fair market value of the use. At intervals to be determined by certain changes in the indexes used to establish the linear rights-of-way fee schedule, the fee shall be reviewed and adjusted as necessary to assure that it is commensurate with the value of the rights and privileges authorized. Failure of the Holder to pay the annual payment, late charges, or other fees or charges shall cause the permit to terminate. 8. Pursuant to 31 U.S.C. 3717, et seq., interest shall be charged on any fee amount not paid within 30 days from the date the fee or fee calculation financial statement specified in this authorization becomes due. The rate of interest assessed shall be the higher of the rate of the current value of funds to the U.S. Treasury(i.e.,Treasury tax and loan account rate),as prescribed and published by the Secretary of the Treasury in the Federal Register and the Treasury Fiscal Requirements Manual Bulletins annually or quarterly or at the Prompt Payment Act rate. Interest on the principal shall accrue from the date the fee or fee calculation financial statement is due. In the event the account becomes delinquent, administrative costs to cover processing and handling of the delinquency will be assessed. A penalty of 6 percent per annum shall be assessed on the total amount delinquent in excess of 90 days and shall accrue from the same date on which interest charges begin to accrue. Payments will be credited on the date received by the designated collection officer or deposit location. If the due date for the fee or fee calculation statement falls on a non-workday, the charges shall not apply until the close of business on the next workday. Disputed fees are due and payable by the due date. No appeal of fees will be considered by the Forest Service without full payment of the disputed amount. Adjustments, if necessary, will be made in accordance with settlement terms or the appeal decision. If the fees become delinquent,the Forest Service will: Liquidate any security or collateral provided by the authorization. 5OP418 Pitkin County BOCC Page 2 of 6 If no security or collateral is provided, the authorization will terminate and the holder will be responsible for delinquent fees as well as any other costs of restoring the site to its original condition including hazardous waste cleanup. Upon termination or revocation of the authorization, delinquent fees and other charges associated with the authorization will be subject to all rights and remedies afforded the United States pursuant to 31 U.S.C. 3711 et seq. Delinquencies may be subject to any or all of the following conditions: Administrative offset of payments due the holder from the Forest Service. Delinquencies in excess of 60 days shall be referred to United States Department of Treasury for appropriate collection action as provided by 31 U.S.C. 3711 (g), (1). The Secretary of the Treasury may offset an amount due the debtor for any delinquency as provided by 31 U.S.C. 3720, et seq.) 9. All construction or reconstruction of the road shall be in accordance with plans, specifications, and written stipulations approved by the Forest Service prior to beginning such construction or reconstruction. 10. The Holder shall repair fully all damage to National Forest roads and trails caused by the exercise of the privileges granted by this permit. 11. The United States may use the roads without cost for all purposes deemed necessary or desirable in connection with the protection and administration of the lands or resources of the United States, provided that it will use the road for commercial hauling purposes,other than the removal of timber cut in construction or maintenance of the road or other occasional incidental use, only after arranging to pay or perform its pro rata share of road maintenance. 12. The Forest Service alone may extend rights and privileges for use of the road constructed on the premises to other non-Federal users provided that such users shall pay a fair share of the current replacement cost less depreciation of the road to the holder, and reconstruct the road as necessary to accommodate their use. 13. The Forest Service retains the right to occupy and use the right-of-way and to issue or grant rights- of-way for land uses, for other than road purposes, upon, over,under, and through the permit area provided that the occupancy and use do not interfere unreasonably with the rights granted herein. 14. The Forest Service shall have the right to cross and re-cross the premises and road at any place by any reasonable means and for any purpose in such manner as does not interfere unreasonably with use of the road. 15. The Holder shall maintain the right-of-way clearing by means of chemicals only after the Forest Supervisor has given specific written approval. Application for such approval must be in writing and must specify the time, method, chemicals, and the exact portion of the right-of-way to be chemically treated. S0P418 Pitkin County BOCC Page 3 of 6 16. Unless sooner terminated,or revoked by the Regional Forester, this permit shall expire and terminate on 08/31/2034. At that time,if the holder still needs the road for the purposes for which this permit is granted,the permit will be reissued for a period of 10 years(or the estimated remaining life of the project, whichever is less). At the time of reissuance,the terms and conditions may be modified and new conditions or stipulations added at the discretion of the Forest Service. 17. This permit may be terminated or suspended upon breach of any of the conditions herein, or revoked at the discretion of the Issuing Officer. 18. Upon termination or revocation of this special-use authorization,the Holder shall remove within a reasonable time the structures and improvements and shall restore the site to a condition satisfactory to the authorized officer,unless otherwise waived in writing or in the authorization. If the Holder fails to remove the structures or improvements within a reasonable period, as determined by the authorized officer, they shall become the property of the United States,but this does not relieve the Holder from liability for the removal and site restoration costs. 19. Nonexclusive Use and Public Access. Unless expressly provided for in additional terms,use of the permit area is not exclusive. The Forest Service reserves the right to use or allow others to use any part of the pennit area, including roads, for any purpose,provided, such use does not materially interfere with the holder's authorized use. A final determination of conflicting uses is reserved to the Forest Service. 20. Forest Service Right of Entry and Inspection. The Forest Service has the right of unrestricted access of the permitted area or facility to ensure compliance with laws,regulations, and ordinances and the terms and conditions of this permit. 21. Liability. For purposes of this section, "holder" includes the holder's heirs, assigns, agents, employees,and contractors. A. The holder assumes all risk of loss to the authorized improvements. B. The holder shall indemnify,defend, and hold the United States harmless for any violations incurred under any such laws and regulations or for judgments, claims,or demands assessed against the United States in connection with the holder's use or occupancy of the property. The holder's indemnification of the United States shall include any loss by personal injury, loss of life or damage to property in connection with the occupancy or use of the property during the term of this permit. Indemnification shall include,but is not limited to,the value of resources damaged or destroyed; the costs of restoration, cleanup,or other mitigation; fire suppression or other types of abatement costs; third party claims and judgments; and all administrative, interest, and other legal costs. This paragraph shall survive the termination or revocation of this authorization, regardless of cause. C. The holder has an affirmative duty to protect from damage the land,property, and interests of the United States. D. In the event of any breach of the conditions of this authorization by the holder,the Authorized Officer may,on reasonable notice,cure the breach for the account at the expense of the holder. If S0P418 Pitkin County BOCC Page 4 of 6 the Forest Service at any time pays any sum of money or does any act which will require payment of money, or incurs any expense, including reasonable attomey's fees, in instituting, prosecuting, and/or defending any action or proceeding to enforce the United States rights hereunder,the sum or sums so paid by the United States, with all interests, costs and damages shall, at the election of the Forest Service,be deemed to be additional fees hereunder and shall be due from the holder to the Forest Service on the first day of the month following such election. E. With respect to roads,the holder shall be proportionally liable for damages to all roads and trails of the United States open to public use caused by the holder's use to the same extent as provided above, except that liability shall not include reasonable and ordinary wear and tear. F. The Forest Service has no duty to inspect the permit area or to warn of hazards and, if the Forest Service does inspect the permit area, it shall incur no additional duty nor liability for identified or non-identified hazards. This covenant may be enforced by the United States in a court of competent jurisdiction. 22. Members of Congress. No Member of or Delegate to Congress or Resident Commissioner shall benefit from this permit either directly or indirectly, except when the authorized use provides a general benefit to a corporation. 23. Appeals and Remedies. Any discretionary decisions or determinations by the authorized officer are subject to the appeal regulations at 36 CFR 214 as amended. 24. Assignability. This authorization is not assignable or transferable. If Holder, through death, voluntary transfer,enforcement of contract, foreclosure, or other valid legal proceeding shall cease to be owner of the above-described real property accessed by the authorized road,this authorization will terminate. 25. Superior Clauses. In the event of any conflict between any of the preceding printed clauses or any provision thereof and any of the following clauses or any provision thereof,the preceding printed clauses shall control. 26. Operating Plan (C-8). The holder shall prepare and annually revise as needed an operating plan. The operating plan shall be prepared in consultation with the Authorized Officer or the Authorized Officer's designated representative and shall cover all operations authorized by this permit. The operating plan shall outline steps the holder will take to protect public health and safety and the environment and shall include sufficient detail and standards to enable the Forest Service to monitor the holder's operations for compliance with the terms and conditions of this permit. The operating plan shall identify and schedule any inspections that the holder is required to conduct at the holder's expense. The operating plan shall be submitted by the holder and approved by the Authorized Officer or the Authorized Officer's designated representative prior to commencement of operations and shall be attached to this permit as an appendix. The Authorized Officer may require an annual meeting with the holder to discuss the terms and conditions of the permit or operating plan,provide annual use reports, determine need for performance bond for construction projects and amount of bond, or other concerns either party may have. 27. Improvement Relocation (X-33). This authorization is granted with the express understanding that should future location of United States Government-owned improvements or road rights-of-way require the relocation of the holder's improvements, such relocation will be done by, and at the expense of, the holder within a reasonable time as specified by the Authorized Officer. SOP418 Pitkin County BOCC Page 5 of 6 In Witness Whereof, th p 'es hereto have caused this authorization to be duly executed on this c�312.r day of . 2020. Holder PITKIN COUNTY BOARD OF COUNTY COMMISSIONERS By: s-�-Q�P c_ r(. a;v--tt. K._ cc (printed name and title) By: o64 '._ rid- /Li (signature) USDA- Forest Service By: SCO G. FITZWI I MS Forest Supervisor White River National Forest According to the Paperwork Reduction Act of 1995,an agency may not conduct or sponsor,and a person is not required to respond to a collection of information unless it displays a valid OMB control number.The valid OMB control number for this information collection is 0596-0082.The time required to complete this information collection is estimated to average one(1)hour per response,including the time for reviewing instructions,searching existing data sources,gathering and maintaining the data needed,and completing and reviewing the collection of information. The U.S.Department of Agriculture(USDA)prohibits discrimination in all its programs and activities on the basis of race,color,national origin,age, disability,and where applicable,sex,marital status,familial status,parental status,religion,sexual orientation,genetic information,political beliefs,reprisal, or because all or part of an individual's income is derived from any public assistance.(Not all prohibited bases apply to all programs.)Persons with disabilities who require alternative means for communication of program information(Braille,large print,audiotape,etc.)should contact USDA's TARGET Center at 202-720-2600(voice and TDD). To file a complaint of discrimination,write USDA,Director,Office of Civil Rights, 1400 independence Avenue,SW,Washington,DC 20250-9410 or call toll free(866)632-9992(voice).TDD users can contact USDA through local relay or the Federal relay at(800)877-8339(TDD)or(866)377-8642(relay voice).USDA is an equal opportunity provider and employer. The Pnvacy Act of 1974(5 U.S.C.552a)and the Freedom of information Act(5 U.S.C.552)govern the confidentiality to be provided for information received by the Forest Service. SOP418 Pitkin County BOCC Page 6 of 6 Exhibit A FSR 105.5R and Cross Country Route Pitkin County Ruedi Hill Communications Site Access Pitkin County Board of County Commissioners Special Use Private Road S112 Sec. 1 and N1/2 Sec. 12, T.8 S., R. 85 W. and NW1/4 Sec. 7, T. 8 S., R. 84 W., 6th P.M., Eagle County, Colorado Aspen-Sopris RD White River National Forest // /%/// /// // /////// // /,/,ii/// Aspen-Sopris / ,, / / / // // /,, ,, , , / �/ / / ,// /i /// /// ////// ///////// / / // / / / / // /i // // '•/ • / /// Ranger District i%%/ / //////i///i//// ////////�', /;/; ,/ //// ////. / / /'// ///j// /// /////// /; //,•/ /,,� .!LL11 / //// ///�/ ///////////// /////// •/ , • 1' / /// // ///// /i/// ///�j //2 ,; Y/////i/// /%%//////%///// /////%j•% ,'; %/ i// ///// ////////////////// ///// ./ •"/;// / / /// / / //// / / ;// 08S85W07 I� �_Cl /// /// ///////// /j i;/ // �//( try;" / /////' White River /////i i//// /i /////�/// N National Forest a,// // // �// //� //// ;� 11/i////////// / //� /// /// \I` I1±. _ /, ///i j /////' ///%/i//// v / O •J ''')I- E White River 0 �, ks National Forest a c o��4ss ���s °vr2 ( s 7, 08S85W12 Trait M '". 08', 4W1•7 r) Legend FSR 105.5R ime ISR 105.5RPERMITAREA Length:Approx. 8,520 ft. •.. . CROSS UQUN1 tOY ROUTE PERMIT AREA Width: 12 ft. A Rued,Hill Communications Site l771 NON-FOREST SERVICE Cross Country Route 1-1 USDA FOREST SERVICE 0 0.125 0.25 0.5 Miles COUNTY Length:Approx. 2,940 ft. I 1 t I I till —NATIONAL FOREST SYSTEM ROAD Width. 10 ft. I RAILS 1:20,000 i1 Major Lake MPe 52920 U4S EXHIBIT B Operations and Maintenance Plan FSR 105.5R and "Existing Cross Country Route"-- Access to Ruedi Hill Communications Site Pitkin County BOCC USDA Forest Service Aspen-Sopris Ranger District, White River National Forest S E 1/4 Sec. 1 and NE I/4NE I/4 Section 12, T. 8 S., R. 85 W., N W I/4 Section 7, T. 8 S., R 84 W., 6th P.M.. Eagle County, CO May, 2020 This Operations and Maintenance Plan is between Pitkin County Board of County Commissioners, acting by and through its authorized representative Kara Siblernagel, hereinafter referred to as the Holder, and the USDA Forest Service, acting by and through its authorized representative, Kevin Warner, l)istict Ranger, hereinafter referred to as the Forest Service. The Holder has been issued a special-use authorization SOP418. This permit authorizes use and maintenance of Forest Service Road (FSR)105.5R from County Road 4(Frvingpan River Road) to its terminus, and use of an existing cross country route from the terminus of FSR 105.5R to the Ruedi Hill Communications Site : a distance of approximately 8.520 feet more or less, over and across National Forest System land. Use and maintenance of FSR 105.5R and use of the exisiting cross country route to the communications facility is to facilitate redevelopment and operation of the existing Ruedi (fonnly referred to as"Red Hill", changed to address issues of redundancy) communications site, located in the SE1/4NW1/4 Sec. 12,T.8 S., R. 85 W., 6th P.M., Eagle County, CO, until such a time that the communications site is determined to no longer be needed by Pitkin County. Now,therefore,the Holder a gees to the following terms and conditions,and the United States Forest Service(USFS)hereby authorizes the use and maintenance of FSR 105.5R to proceed in accordance with these terms and conditions: I. General Terms: Road use and maintenance of FSR I05.5R shall he in accordance with specification provided within the Pitkin Count' Application for Redevelep of the "Ruedi" Hill Communications Site,and an annually provided maintenance plan and shall not exceed Pitkin County BOCC f•SR 105.5R and XC Route I standards as found in(Exhibit B)hereto and made a part hereof Annual planned maintenance will be provide for approval by Forest Service prior to implementation. The Forest Service may suspend all or any part of the activities associated with the use and modification of the NFS land upon breach of the conditions herein: Prior to suspension, revocation, or termination the Forest Service shall give the Holder written notice of the grounds for such action and reasonable time to cure any noncompliance. However,the Forest Service may require immediate temporary suspension of all or any part of the activities when the Forest Service determines it is necessary to protect the public health, safety,or the environment. If requested by the Holder,the superior to the officer ordering the suspension, revocation, or termination shall arrange for an on-the-ground review of the conditions with the Holder. The superior shall affirm, modify,or cancel the temporary suspension as soon after the review as possible. 2. Designated Contacts: The USFS designated contact person is Michael Braudis, Realty Specialist, (970) 404-3153, C: (970) 409-9143. Inbraud:.'u f. led.us. If the designated contact cannot be reached, contact Kevin Warner, District Ranger at (970) 963-2266. Kara Silbernagel is the designated onsitc contact at: 530 F. Main Street. Suite 302, Aspen, CO 81611 (970)429-2815, (970)-429-2815. If the designated contact cannot be reached, contact Brian Pettet, Pitkin County Public Works Director,at(970) 920- 5390. 3. Access Routes: FSR 105.5R and the existing cross country route from terminus of FSR 105.5R to the communications facility is the only approved motorized access route for operation and maintenance of the Ruedi Hill communications site. All travel will he confined to designated routes as presently constructed and exist. No heavy equipment shall be used to maintain the cross country route without prior written approval of the Forest Service. 5.Staging: Staging of all equipment and supplies, including the parking of vehicles, will take place within the existing FSR 105.5R road corridor and/or will be confined to pre-existing clearings located at the communications facility. Vehicle parking and staging shall be confined to previously disturbed areas(areas associated with the the redevelopment site and/or the decommissioned site until such time as the decommissioned site has sufficient revegctated). No new turnouts, clearings or other activites requiring ground disturbance shall be undetaken to provide additional staging areas. Sanitary considerations, such as outhouses. will be not be established on NFS land. 6. Invasive Species: The Holder shall wash and inspect all earthmoving,construction,and transport equipment so that said equipment is free of dirt, mud,and plant material before it is brought into the White River National Forest or adjacent lands. The holder shall be responsible for the prevention and control of noxious weeds and/or exotic plants of concern in the area authorized (access route and immediate surroundings)and shall provide prevention and control measures prescribed by the Forest Service. Noxious weeds and exotic plants of concern arc Pitkin County 13UCC FSRI05.5R and XC Route 2 defined as those species recognized by the White River National Forest in which the authorized use is located. When determined to he necessary by the authorized officer, the holder shall develop a site-specific plan for noxious weed and exotic plant prevention and control. Such plan shall be subject to Forest Service approval. Upon Forest Service approval, the noxious weed and exotic plant prevention and control plan shall become a part of this authorization,and its provisions shall be enforceable under the terms of this authorization. 7. Project Area Access: Access to the project area will occur via County Road 4(Fryingpan Road)and to FSR 105.5R at gated entrance. The Holder is subject to federal and state laws regulating travel on State, County and Federal lands, including Code of Federal Regulations CFR 261.15(h) which prohibits travel in a manner which damages or unreasonably disturbs land, wildlife,or vegetative resources. 8. Construction methods: FSR I 05.5R has been constructed; it does not currently meet Forest Service Standards for road maintenance due to prolonged grades. As such, a plan outlining locations of specific maintenance work outlined within the Application for Redevelop of the "Ruedi" Hill Communications Site will be provided prior to commencement of work, annually. If any additional modifications need to be made, the proposal will be in writing and approved by the deciding officer prior to commencement of work.A new Special Use Permit may be required. The following guidelines will used to complete all work unless otherwise authorized: FSRI 05.5R Initial road surface modification and subsequent annual maintenance will be accomplished with the use of a tracked excavator(D6-type)with push blade. Maintenance equipment will not be turned, staged or used past the terminus of FSR 105.5R or on any portion of the adjoining cross country travel route to the Ruedi Hill Communications Site. Where short infrequent portions of FSR105.5R currently meet Forest Service Level 2 Standards see Exhibit C for maximum standards. For all other portions of FSR 10S.5R: The travel-way will not exceed 12 feet in width or as existing prior to commencement of work for FSR 105.5R. Side cast material generated from previous maintenance efforts will be recovered where feasible and necessary to be incorporated into road bed for the purposes of returning road to an operational grade; aggregate surfacing is prohibited. Boulders and overburden will be stored and secured to edge of road bed. Cross drainage(water bars)will be established with maximum spacing of 30' vertically or 300' horizontally in those areas identified for drainage feature construction on steep slopes. Roadway maintenance level is not to exceed that of a Level 2 Forest Service road for any portion of the maintained travel way of FSR105.5R. To facilitate a 12' road width;specific authorization for these activities will need to be requested and approval made prior to cutting. Fell and treat in place;timber directly along road side edge(3 ft. from road template edge), where designated by a Forest Service representative. Lop and scatter slash to a height less than 24". Buck tree holes to sit tight to the ground,placed on the Pitkin County BOCC FSR105.5R and XC Route 3 slope so as not to roll. Brush road side edges where needed to facilitate vehicle clearance and "side cast"material recovery, were needed out to 6 ft. from road template edge. Lop and scatter all material to avoid concentrations of fuel and to a height less than 24". Cross Country Access Route No heavy equipment will be used to provide annual maintenance of cross country route unless authorized prior to commencement of work. Rutting(3"or more), if present shall be addressed with hand tools. If any additional modifications need to be made, the proposal will be in writing and approved by the deciding officer prior to commencement of work. A new Special Use Permit may be required. Brush road side edges where needed to facilitate vehicle clearance; lop and scatter all material to avoid concentrations of fuel and to a height less than 18". Ensure trail corridor(FDT 1912) remains free and clear of obstructions removed to facilitate communications site maintenance. 9. Vehicles/Equipment: Vehicle use for maintenance purposes will include Dozer with push blade(Do-type), pickup, UTV/ATV, and snowmobile and/or other tracked.over-the-snow vehicle. 10. Non-routine Maintenance: The Holder shall contact the Authorized Officer for approval before proceeding with work that is other than routine operations,as this work could require additional authorization from the Forest Service. Some of these situations arc: a. Bringing in and using heavy equipment other than that approved in#9 above. b. Using other than approved maintenance route for access. c. Removal of significant amounts of vegetation and soil and deposition of the same, in or on National Forest System land. d. Burning slash, application of seed mixtures (weed-free seed required),or other means of vegetation control measures. c. Reconstruction or re-routing of a portion of the access route other than that approved. I I. Erosion control: Where erodable soils exist,cross-drainage placement will meet the approximate spacing based on local topography and adequate drainage: Slope % Max Distance in Feet 1-6 300 7-9 200 10-14 150 15-20 90 2 1-40 50 41+ 25 J Pitkin County BOCC FSR I05.5R and XC Route 4 The Holder shall be responsible for the prevention and control of soil erosion and gullying on the access route and adjacent areas and shall take such preventive measures as are necessary to repair and re-vegetate damaged areas and to prevent future damage. The Holder shall repair fully all damage to National Forest roads and trails caused by the Holder in exercise of the privileges granted. 12. Esthetics: The Holder shall protect scenic and esthetic values along the access route as much as possible. 13.Archeological: lf, during road reconstruction and road maintenance work,items of archeological,paleontological,or historic value are discovered,or an unknown deposit of such items is discovered,the Holder will immediately cease earthwork in the area so affected. Holder will then notify the Forest Service and will not resume earthwork until the authorized officer gives written approval. 14. Fires and prevention: The Holder shall do everything reasonably within its power to prevent forest fires. No material maybe disposed of by burning in open fires on NFS land. One type ABC fire extinguisher per vehicle is required. Each vehicle shall carry a long-handled serviceable shovel. All trucks, tractors, chainsaws,or other internal combustion engines used in on this project shall maintain a muffler with a spark arrester in good working condition and designed for that machine. During periods of dangerous tire weather, as determined by the Forest Service, ail fire restrictions will be followed. The Holder must transport and keep with each powersaw at all times such fire tools and portable extinguishers as specified and to take other precautionary measures as may be required by the Forest Service 15. Fuels and Hazardous Materials: Any fuels or hazardous materials(examples include oils, hydraulic fluids,diesel, etc.),shall be transported in approved containers and will not be stored on National Forest System land, 16. Survey Markers: The Holder shall take reasonable precautions to protect all public land survey monuments and accessories,private property corners, and Forest boundary markers. In the event that any such land markers or monuments are damaged or destroyed,the Holder shall reestablish or reference the corner in accordance with directions and procedures to be furnished by the Forest Service. 17.Accidents: In the event of any accident on NFS land requiring medical attention, the Holder will notify the USFS designated contact as soon as reasonably possible and within 24 hours. 18. Proof of Permit: A copy of the permit/or other instrument authroizing the use of the access route will be kept in each motorized vehicle utilizing the access route. Firkin County BOCC FSRI 05.5R and XC Route 5 19. Project Completion: The Holder will notify the USFS designated contact prior to completion of maintenance on FSR 105.5R as a term of this authorization and following completion of significant milestones of pre-approved projects. At such time, an inspection date will be scheduled to discuss acceptance of work or revisions, as needed. 20. Plowing and Snow removal: Under no circumstances will snow plowing be allowed along this route without written permission or a Special Use Permit from the Aspen-Sopris Ranger District. Grooming of snow is also prohibited;at no time will a grooming tiller/sled or other snow compaction device or front-mounted blade be used to compact a snow travel route along either FSR 105.5R or the cross country route. 21. Renewability: This Operation and Mainetenanec Plan will be for the term of authorization SOP418 and will be reviewed and updated as needed, annually. 23.Seed Mix: Coordinate with the Forest Service Botanist for a suitable seed mix based on annual maintenance needs. Seed Mix tags must be saved and given to the USFS inspector upon request. 24. List of Exhibits and Reference Materials: Exhibit A—Area Map Exhibit B - FS Type 2 Road Specs Pitkin County Application for Redevelep of the"Ruedi" Hill Communications Site Pitkin County BOCC FSR105.5R and XC Route 6 * * * * * * * * * * * * * * * * * * * * * In Witness Whereof,the Holder and the Forest Service have caused this Construction and Reclamation plan to be executed on this a`fri' dayof_Tt.'(y 2020 Holder: Pitkin County Board of County Co+nmisioners (Please send two signed copies to the Forest) Accepted by: c- U �� G Date: , 4 Z folder t— USDA, Forest Service: Prepared By: Date: — -! -� Michael Braudis Realty Specialist Aspen-Sopris Ranger District Approved By Date: 2 ZO ;!Kevit timer District Ranger Aspen-Sopris Ranger District Pitkin County BOCC FSR 105.5R and XC Route 7 FSR 105.5R Operations and Maintenance Plan Exhibit B Road Specifications FS Road Type 2 Back Country Road Design Criteria The following road design criteria are for a road that will have high clearance wheeled vehicle traffic on it in the summertime only. These Design Criteria Speak to those portions of the authorized FSR105.5R route which are not outside Plowing of snow is not authorized. Spot graveling with native materials is approved. Paving is not allowed. Design Speed: 10 m.p.h. Maximum Grades: 12%sustained with breaks in grade no greater than 1,000 ft. apart. Grades through switchbacks shall not exceed 4%. Minimum Width: 10 feet wide with intervisible turnouts. Maximum Width: 14 feet wide with intervisible turnouts. Minimum Radius Curve: 50 feet. Surface Materials: Natural soil surfaces shall be maintained with spot gravel (native materials)road base applications as needed. Slope Ratios. Slopes 2:1 and flatter may be constructed for cut and fill slopes with a height no greater than 5 feet. Slopes 1.5:1 and less can be used for those slopes greater than 5 feet in height; Drainage: For 0%to 8%road grades: out slope 0.02 ft./ft. of road width with rolling clips and/or culverts to pass run-off. Road segments exceeding 8% grade—out slope 0.02 ft./ft. of road width. Install belt drains, gravel armored rolling dips,and/or culverts to pass run-off. Minimum culvert diameter is 18 inches. A rocked energy dissipater must be installed at the discharge end of culverts. The approach to an existing county road shall be constructed to slope away from the county road at 4%grade for at least 4 feet. CCODepgit jCOLORADO artment of Revenue Enforcement Dms:on-Manjuana DISCLOSURE CHANGE OF EXECUTIVE OFFICERS OR BOARD OF DIRECTOR MEMBERS Please use this form to disclose changes exempt from the Change of Owner Application requirement RELATED TO Executive Officers and members of a Board of Directors pursuant to Rule 2-245(C)(4), 1 CCR 212-3. The Regulated Marijuana Business must submit this disclosure with any documents required by Rule 2-245(C)(4), 1 CCR 212-3. These changes apply to all licenses held by an entity, and all license numbers must be listed on this disclosure. Date Submitted: 08/20/2020 Effective Date of Change: 5/14/2020 Name of Regulated Marijuana Business: Silverpeak Corp. Regulated Marijuana Business License Number(s) Local Licensing Authority or Jurisdiction See attached sheet. L Note: Attach a separate sheet if additional space is required to list all affected license numbers. The following changes must be disclosed to the Division within 45 days of the change [note the below changes may also require submission of request(s)for finding of suitability pursuant to Rule 235-1(E)]: N Change of Executive Officer [) Change of Member of Board of Directors Fees: There are currently no fees assessed for the Executive Officer and Board of Director changes unless a Finding of Suitability is required. New fee structures may take effect after July 2020. IDENTIFICATION OF DISCLOSED PERSON(S) List all individuals affected by this change NAME: Lance Wesley Perryman (COO) ADDRESS: 16293 Mount Mestas Way CITY: Broomfield STATE: CO ZIP CODE: 80023 DATF OF BIRTH: 12/04/1970 55N: 522-29-5845 Reason for Disclosure: Added Executive Officer [] Removed Executive Officer [)Added Director [] Removed Director Page 1 of 2