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HomeMy WebLinkAbout20051026westernadventures MEMORANDUM TO: Board of County Commissioners C~_ Cta~ . THROUGH: Cindy Houben, Community Development D~rector FROM: Lance Clarke, Assistant Director RE: Vagneur (Western Adventures) Special Review for SnoWmobile Operations - Am~ual Review DATE: October 26, 2005 (continued Public Hearing from September 28, October 12, 2005) REQUEST: The Applicant is requesting a 10 year renewal ora special use approval for a snowmobile operation staged on United States Forest Service (USFS) lands in Lenado and Kobey Park. APPLICANT: Western Adventures, Inc. (Howard Vagneur) REPRESENTATIVE: Howard Vagneur LOCATION: Lenado/Kobey Park/Larkspur Motmtain ZONING: Rural/Remote, RS-20 PUD PROCESS: This is a Special Review approval requiring BOCC consideration. BACKGROUND: Western Adventures Inc./Howard Vagneur has been providing skiing and snowmobile tours in the Kobey Park area since 1963 and has been a Forest Service permittee in the area since 1986. Previously, some of the staging operations took place on private lands. Since the County's approval in 1998, all operations take place on Forest Service jurisdictional lands. A "joint" permitting process with the Forest Service for this type of use has not yet been established. In June of 2000, the Forest Service granted the operation a new Forest Service permit for five years, through May, 2005. The BOCC granted Vagneur one-year pernfits for 1999, 2000, 2001, and a fom'-year permit for 2002 through 2005. The Forest service and County permits expired at the end of the 2005 season. Vagneur has been granted by the USFS a new ten-year permit through May 2015. The Applicant would like a similar permit from the County. The Applicant has stated that to the best of his knowledge the operations have continually conformed to the conditions of the BOCC approval, Resolution No. 197-2001. Staff conducted uummounced site visits in March and August 2005 and found everything to be in order and conformance. Neither Community Development nor Environmental Health received any comments with regard to potential violations of the permit during last season's operations. No written comments were received from the Woody Creek Caucus as a result of this referral. A conversation on the matter with Phil Holstein, Caucus Chair, indicated that the Caucus had no objections to the permit extension as long as it did not extend operations beyond the November to May season. The EHD comments note that staff site inspections indicate no evidence of fuel spills and no weed infestation in the staging areas. Board Action: On September 28, 2005, the Board continued the item to October 12, 2005, to allow time for some questions to be addressed to the Forest Service, and perhaps, for the Forest Service to be in attendance. Staff did talk with Bill Westbrook and Brant Alred about the issues raised at the September 28 meeting. Staff's understanding of the Forest Service position on the issues follows. The Forest Service will have a representative at the meeting on October 26. Issues: · SqfetyandOperatingPlan-WesternAdventuresdoeshaveacurrent, approvedSafety, and Operating Plan on file with the Forest Service. A copy has been sent to staff and is available for review. · Number of "Temporary" days- The Forest Service reiterated that additional days above the 1,100 approved "priority" days may be granted on a discretionary basis by the Forest Service. These days would be granted primarily based on snow conditions and demand. The most "temporary" days Westem Adventures has requested in the past is 400. Most years the usage is around the 1,100 level. The Forest Service agreed to notify the County prior to issuing any "temporary" days so that any issues or problems could be reported to the Forest Service for consideration in granting extra days. · Hannen Creek Access- The Forest Service indicated that an additional developed access is not viable today and is "not likely" giv~en environmental processes (NEPA required) and construction funding levels. · Plowing the Forest Road- The Forest Service indicated Western Adventures should not be plowing the Forest Road as the snow line "moves up". · ATVs- No Forest Service permit has been issued for "outfitting" ATV use in the area. Such permitting would require scoping and NEPA. Private individuals can run ATVs on the Forest road. Western Adventures employees should not be guiding ATV users nor transporting ATVs to the area. ATVs can be leased off-site and used on the Forest road. · Resolution changes- The Board discussed possible changes to the resolution related to the number of trips requirement wording; employee impact fee provision; the annual public hearing requirement; and the snowmobile equipment technology requirement. These matters should be discussed further. RECOMMENDATION: It is the recommendation of staffthat the Board adopt a motion approving the Special Review for the Western Adventures snowmobile operations above Lenado subject to the conditions in the attached resolution. The conditions are essentially the same as in Resolution No. 197-2001 except an armual public hearing is not required. A public hearing would be held only if after a staff review of an annual report it were determined that them were issues of nonconformance with the approval, or if modifications of the approval were required. ATTACHMENTS: 1. Peters/Delano memo 2. Draft Resolution 3. Applicant's letter 4. USFS Permit 5. Environmental Health referral lancec/vagnrbcc2005permit memo3.doc 3 Memorandum OCT I I 2005 BOCC OFFICE CC: From: Date: Re: The Pitkin County Board of Commissioners Frank Peters and Daniel Delano/Last Chance No. 2, Inc. 10/11/2005 Western Adventures Permit hearing The one question that should be asked as the BOCC prepares to act on the Western Adventures permit is "How does what we do here fit in with the environmental goals of Pitkin County?". We as individuals, and we believe the residents of Lenado generally, are not against public use in the National Forest; far from it. There are many uses which are compatible with the rural nature of Lenado, compatible with the forest, and even desirable. We believe hiking and biking in and around Lenado are great experiences; Lenado is an important mountain bike destination, and we have posted as open sections of trails on our property. We believe the Tenth Mountain Hut System is a community asset; we have donated a portion of our land to them for a skier parking lot, and have worked with Tenth Mountain on mine reclamation in Lenado. 'We believe horseback use of the trails is compatible with other trail uses, and have provided a signed area on our land for vehicles with horse trailers to park, turn around, and for riders to saddle their horses without being on a county road. Except for sometimes driving too fast, jeep and dirt bike access to Larkspur Mountain in the summer, and hunter trips in the fall hunting season are not overbearing. In fact, Gaylord Guenin, a Lenado resident, has posted a somewhat tongue-in- cheek sign across from his house reading "Welcome Hunters". What we do oppose are uses blatantly incompatible with the small community of Lenado, uses undesirable for their noise and pollution, and uses which lead Pitkin County in the wrong environmental direction. Western Adventures' snowmobile operation scores high on all aspects of undesirability, and no amount of rhetoric can dress up this noisy, smelly, and wasteful commercial operation. Now, Western Adventures has started w~_hat we believe is an un-permitted and illegal commercial ATV rental operation in Lenado. When challenged on this, Western Adventures tries to make the Forest Service believe it is operating on private land, and Pitkin County October 11, 2005 believe it is operating on National Forest, staging its operation from somewhere in Glenwood Springs. We believe Pitkin County should have rejected this snowmobile permit years ago for reasons gone over in detail with staff and in meetings dating back almost 15 years. We don't hold out much hope that the county will do so now, but we do think the time has come to recognize this activity for what it is, to ask what the new, non-permitted ATV operation says about the character of this applicant and his plans for Lenado, to ask where is this all going, and to say this should go no further. We would like to recommend some areas of action for Pitkin County. 1. The Western Adventures snowmobile permit should be renewed at the 1100 service day level for this year, with a reiview scheduled yearly. This should be conditioned upon: a. The cessation of all ATV rental operations on Pitkin County roads. b. The requirement that Western Adventure not discourage any skiers from parking on Pitkin County roads. c. That no expansion of non-conforming uses be undertaken on the Vagneur property in Woody Creek. 2. The B©CC should urge the Forest Service a. To allow no increase in service days for Western adventures without a NEPA review of the environmental impacts. b. To not allow Western Adventures to relocate its operation from its permitted location, so that any environmental impacts may be assessed. c. To allow no plowing of the National Forest road by Western Adventures without seeking input from backcountry ski users, or, in the alternative, to direct Western Adventures to cease telling skiers that they can't park on plowed sections of the National Forest road nearest the available skiable snow. d. To demand the appropriate fees for commercial operations on the National Forest, and to not recognize the surface of unpatented mining claims as private land. 3. The BOCC should direct its staff to work with the Forest Service in the upcoming year to explore diverting some Lenado snowmobile service days to the Harmon Creek Trail access point 3 miles below Lenado. That trail provides access to Kobey Park. 4. Pitkin County should have a stated environmental policy that non- motorized uses of the backcountry are more desirable and environmentally friendly than motorized uses, and that it shall be the policy of Piktin County to promote the former and discourage the latter. RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF PITKIN COUNTY, COLORADO, GRANTING APPROVAL FOR THE VAGNEUR (WESTERN ADVENTURES) SPECIAL REVIEW FOR SNOWMOBILE OPERATIONS Resolution No. -2005 RECITALS 1. Howard Vagneur (dba Western Adventures, Inc), hereinafter, "Applicant", has applied to the Board of County Commissioners of Pitkin County, Colorado, hereinafter, "BOCC", for reinstatement and extension of an approval of a Special Review Use for a commercial snowmobile operation p~suant to the Pitkin County Land Use Code. 2. The subject properties used for the activities of the snowmobile operation are located in the Lenado/Kobey Park/Larkspur Mtn. area. Staging takes place on Forest Service property above the Woody Creek bridge. 3. The BOCC approved an initial permit for the operations for the seasons of 1998/I 999 and 1999/2000 in 1998 by Resolution No. 98-112, and for the season of 2000/2001 by Resolution No. 191-2000, and for the seasons 2002 through 2005 by Resolution No. 197- 2001. 4. The BOCC heard evidence and testimony relating to the request at public hearings on September 28, and October 26, 2005. 5. The Board determined that the request meets the applicable criteria established in the Land Use Code, provided the conditions listed in this resolution are adhered to. NOW, THEREFORE, BE IT RESOLVED by. the Board of County Commissioners of Pitkin County, Colorado, that it does hereby grant approval of the Vagneur (Western Adventures) Special Review for snowmobile operation, subject to the following conditions: 1. The Applicant shall adhere to all material representations made in the application materials and in public meetings, including the United States Forest Service (USFS) permit and the submitted "Snowmobile Safety and Operating Plan". 2. Staging and operations will not begin prior to November 1 st of each season and the operation will be vacated by May 31st of each season, except for removal of the portable toilets and warming trailer, which will be completed by July 15 of each season. 3. "Use Days" shall not exceed 1,100 guided snowmobile trips (service days) in any one season. Resolution No. -2005 Page 2 4. There shall be no night time snowmobile operations. This does not preclude night time trail grooming and maintenance nor response to emergencies. 5. The Applicant shall use snowmobile trailers with two snowmobile capacity whenever possible and no more than a four snowmobile capacity under any circumstances, except for initial staging at the beginning of the season and for breakdown of the operation at the end of the season. 6. Total vehicle trips on Woody Creek Road associated with the operation shall not exceed five round trips per day. This limit may be exceeded up to five times in any one season, but in no event may vehicle trips on Woody Creek Road associated with this operation exceed nine round trips per day. If the applicant is required to exceed the five times per season that five round trips per day may be exceeded he must notify the Community Development Director. In no event may the limitation of five round trips per day be exceeded more than ten times a season. 7. All snowmobiles and other vehicles associated with the operation shall be parked and/or stored on Forest Service jurisdictional lands. There shall be no parking or staging on the County road. 8. The Applicant shall provide an adequate number of portable toilets to serve their customer base as determined by the Environmental Health Department (EHD). These toilets shall be maintained in a clean and sanitary manner and shall be located at least 100 feet from lakes and strean~s. 9. The applicant shall develop an emergency plan with remediation measures in case of a fuel spill in conjunction with the EHD prior to commencement of 2005/2006 operations: a) Employees shall go through a fuel spill remediation training session approved by EHD prior to commencement of 2005/2006 operations. Any new employees in subsequent yem's shall also be required to undergo such training prior to their deployment on the job. b) Transport of fuel and refueling of snowmobiles shall take place in the location designated in the application, c) Any spilled fuel shall be contained and removed immediately upon recognition by the guides, d) If a spill of 25 gallons or greater occurs the Applicant shall notify the EHD immediately. EHD will in turn report the spill to the Colorado Department of Public Health and Environment. A spill of less than 25 gallons shall be reported to EHD who will determine the proper course of action (containment or removal). Resolution No. -2005 Page 3 10. The Applicant shall maintain the snowmobiles in the most efficient level of performance to minimize emissions from the engines. 11. Activities of this operation will be governed by the Pitkin County Noise Abatement Ordinance. 12. Any increase in employment associated with the operation above the current "baseline" of nine employees shall require notification to the Community Development Department for purposes of annual review, and potential housing impact fees may be required. 13. The Applicant's insurance policy as required by the USFS shall name Pitkin County as an additional insured. This insurance shall contain General Liability limits of $600,000 per occurrence. A certificate of insurance shall be presented for review and approval of Risk Management by January 1, 2006. The applicant shall also require all clients to sign a waiver that indemnifies Pitkin County from any liability associated with this operation. The form of this waiver shall be approved by the County Attorney. 14. This permit is for the 2005/2006 season and nine subsequent seasons, expiring on 5/31/2015 ( the length of the existing USFS permit). Any additional years of operation sought by the applicant will require new review consideration by the BOCC. 15. Annual Review: A.) The Applicant shall prior to August 1 st of each year submit a written statement to the Community Development Director and Environmental Health and Natural Resources Director (Directors) attesting to the continued conformance of the use to the conditions of the permit. The Directors shall review the permittee annual report to determine compliance with the permit. Any comments received from the Woody Creek Caucus or other citizens or groups will be considered by the Directors in their review. If, after reviewing the statement, inspecting the site, and considering any other relevant materials, the Directors determine that the use is not in conformance with the provisions of the Special Review use approval, or that the conditions of approval should be modified, the Directors shall recommend to the BOCC that it consider withdrawal or modification of the approval. B.) The BOCC shall have the power upon good cause being shown, and after a public hearing, to modify the permit to require certain corrective measures to be taken, to impose new or additional conditions, standards or restrictions to address environmental concerns required by considerations of public health or safety or to bring the permit into compliance with other laws or regulations. Any violations of Resolution No. 2005 Page 4 the terms and conditions of this approval may result in revocation of the permit by the BOCC. During the annual review of the statement of conformance the Couhty shall have the opportunity to review snowmobile technology progress and require upgraded efficiency of engines used in the operation if feasible. 16. The County reserves the right to inspect the operation for compliance at any time. 17. Any changes in the USFS permit shall be forwarded within thirty days by the Applicant to the Community Development Department for review and comment. Resolution No. -2005 Page 5 APPROVED AND ADOPTED ON THE 26th DAY OF OCTOBER, 2005. ATTEST: BOARD OF COUNTY COMMISSIONERS OF PIT}ON COUNTY, COLORADO Jeanette Jones Deputy Clerk By: Patti Kay-Clapper, Chair DATE: APPROVED ASTO FORM RECOMMENDED FOR ADOPTION John Ely County Attorney Cindy Houben Community Development Director lancec/cases/v ag~rres2005.d oc P 177-05 2641271 Western Adventures Inc. PO Box 900 Woody Creek~ Co. 8165& 7/15/2005 Community Development Dept. 150 S. Galena Street Aspen, Colorado 81611 Fax 970-920-545~ Attention: Lance Clark Re: Letter of continued conformance. Western Adventures Inc. submits the following statement of conformance as required yearly, now in Resolution No. 197- 2001 continuing thru to date; Western Adventures Inc. to the best of it's knowledge and ability has and is in continuous conformance of the use to the conditions of the Resolution No. 197-2001 per Land Use Code Section 5-210-010 E.1. I further understand that this statement satisfies Paragraph 15 of Resolution No. 197-2001. Please let me know if any changes or additions need to be made to this letter. In addition, the Forest Service has indicated that the service days will be increased to 1600(1100 priority days and 600 temporary days)for 2005-0& season. The number of transport trips per day should not change as ~e have a number of days that have reduced trips or days with no trips. Attached to this letter is a copy of the renewed Special Use Permit for Outfitting and Guiding which ~ill be reviewed and renewed now on a ten year basis instead of a five year basis as in the past. Most of the text in this Permit is similar to the text in the previous Permit. Sinc~el~./ ~ _~ ~esterfi ~ventures Inc. Howard Vagneur Pres. Note: The County Environmental Health Inspector and the United States Forest Service visited our site this spring and mentioned no violations to Resolution No. 1~7-2001. A Memorandum dated April 1, 2005 from the Environm~tai Health Department is attached. 7/15/05 Certified Mail #__,~_~f~_~/'__,~__,_,_,_,_,_,_,_,_,~-~_/_(~__,~_~;r_~-~)_~;'.,/~ ~,~ Use Code: 153 Authorization ID: ASP308 Contact ID: VAGNEUR_HOWARD FS-2700-4i (06/04) OMB 0596-0082 Issue Date: 06/01/2005 Expiration Date: 05/31/2015 SPECIAL USE PERMIT FOR OUTFITTING AND GUIDING Authority: Federal Lands Recreation Enhancement Act, Title VIII, Division J of Public Law 108-447 Western Adventures, Inc. of P. O. BOX 900,,, WOODY CREEK, CO 81656- (hereinafter '~he holder), is hereby authorized to use and occupy National Forest System lands, subject to the terms and conditions of this permit, to provide outfitting and guiding services within the Aspen-Sopris Ranger District of the White River National Forest, as shown on the map of the authorized area, attached as Appendix A. The above-described area shall be referred to as the "permit area." This permit !s a priority use permit issued for the purpose of authorizing the following outfitting and guiding actitivities: TO CONDUCT COMMERCIAL OUTFITI'ING AND GUIDING. SNOWMOBILE TOURS AT KOBEY PARK. and assigning use as follows: Activit and Area day and full day guided snowmobile tours: Kobey Park, Red Canyon, Larkspur Mtn. Season Service Days 11/1 - 05/31 1,100 ( P) The following appendices are attached to and made a part of this permit: APPENDIX A - Map-of Authorized Area APPENDIX B - Five-year Operating Plan; dated 06/01/2005 and approved annually APPENDIX C - Td~..[ti~erary APPENDIX D - Estimated Fee Determination Sheet, approved annually APPENDIX E - Actual Use Report APPENDIX F - Outfitter and Guide Performance Evaluation Form ["NA" if not applicable] I. AUTHORITY AND GENERAL TERMS OF THE PERMIT A. AUTHORITY. This permit is issued pursuant to the Federal Lands Recreation Enhancement ACt. B. AUTHORIZED OFFICER. The authorized officer is the Forest_Supervisor or a subordinate officer with delegated authority. C. TERM. This permit shall expire at midnight on 05/31/2015, 10 years from the date of issuance. Expiration of this permit shall not require notice, a decision document, or any environmental analysis or other documentation. D. RENEWAL. This permit may be renewed upon expiration, provided the use is consistent with the applicable forest leqd and resource management plan; applicable laws and regulations, and the terms of this permit, and the~holder has performed satisfactorily under this permit, as demonstrated by acceptable annual performance reviews. If the holder wants this perh~it to be renewed, the holder must notify the authorized officer in writing at least six months before this permit expires. The decision whether to issue a new permit to the holder is at the sole discretion of the Forest Service. The authorized officer may prescribe new terms and conditions when a new permit is issued. E. AMENDMENT. This permit may be amended in whole or in part by the Forest Service when, at the discretion of the authorized officer, such action is deemed necessary or desirable to incorporate new terms that may be required by law, regulation, the applicable forest land and resource management plan, or other management decisions. F. COMPLIANCE WITH LAWS, REGULATIONS, AND OTHER LEGAL REQUIREMENTS. In exercising the rights and privileges granted by this permit, the holder shall comply with all present and future federal laws and regulations and all present and future state, county, and municipal laws, regulations, and other legal requirements that apply to the permit area, to the extent they do not conflict with federal law, regulation, or policy. The Forest Service assumes no responsibility for enforcing laws, regulations, and other legal requirements that fall under the jurisdiction of other governmental entities. G. NON-EXCLUSIVE USE. The use and occupancy authorized by this permit are not exclusive. The Forest Service reserves the right of access to the permit area, including a continuing right of physical entry to the permit area for inspection, monitoring, or any other purpose consistent with any right or obligation of the United States under any law or regulation. The Forest Service reserves the right to allow others to use the permit area in any way that is not inconsistent with the holder's rights and privileges under this permit, after consultation with all parties involved. Except for any restrictions that the holder and the authorized officer agree are necessary to protect the installation and operation of authorized temporary improvements, the lands and waters covered by this permit shall remain open to the public for all lawful purposes. H. CHANGE IN CONTROL 1. Notification. The holder shall notify the authorized officer when a change in control of the business entity that holds this permit is contemplated. If the holder is a corporation, change in control means the sale or transfer of a controlling interest in the corporation, if the holder is a partnership or a Imited liability company, change in control means the sale or transfer of a controlling interest in the partnership or limited liability company. If the holder is an individual, change in control means the sale or transfer of the business to another party. 2. Termination. This permit is not transferable. Any change in control of the business entity as defined in clause I.H.1 shall cause this permit to terminate upon issuance of a new permit to another party for the use and occupancy authorized by this permit. The party who acquires control of the business entity must submit an application for a permit for the type of use and occupancy authorized by this permit. Issuance of a new permit to the party acquiring control shall be at the sole discretion of the authorized officer. The authorized officer shall determine that the applicant meets requirements under federal regulations. I. LIMITATIONS. Nothing in this permit gives or implies permission to build or maintain any structure or facility or to conduct any activity, unless specifically provided for in this permit. Any use not specifically identified in this permit must be proposed in accordance with 36 CFR 251.54. Approval of such a proposal through issuance of a new permit or permit amendment is at the sole discretion of the authorized officer. Ii. OPERATIONS FIVE-YEAR OPERATING PLAN. The five-year operating plan, which shall be attached to this permit as Appendix B, shall be submitted by the holder and approved by the authorized officer before the holder conducts any services authorized by this permit. The holder shall prepare, annually review, and revise as needed the five-year operating plan by ~, in consultation with the authorized officer. At a minimum, the five-year operating plan shall include (1) the season of use for authorized outfitting and guiding activities, includir~g the~ start and stop date of operations; (2) limitations on use established by the Forest Service (including fire restrictions); (3) the fee calculation option to be used and a completed Estimated Fee Determination Sheet (appendix D); and (4) any of the following that are applicable: (a) a process for submitting trip itineraries (appendix C); (b) guidelines and limits for incidental grazing; (c) location and layout of assigned sites to be used for base, spike, and drop camps or other purposes; and (d) authorized temporary 2 improvements on National Forest System lands, including a schedule for their construction and removal B. ITINERARY. The holder shall submit an itinerary for each type of trip. C. PERFORMANCE REVIEW AND EVALUATION. The holder's compliance with the terms and . conditions of this permit and the five-year or annual operating plan is subject to annual performance review and evaluation by the authorized officer. The holder's performance wilt be documented on the Outfitter and Guide Performance Evaluation Form, Appendix F. D. TEMPORARY IMPROVEMENTS. No permanent improvements may be constructed under this permit. Temporary improvements with negligible value, such as hitching posts, corrals, tent frames, and shelters, may be approved by the authorized officer in the five-year or annual operating plan. Plans and revisions to plans for design, development, and layout of temporary improvements must have prior written approval by the authorized officer. E. PROHIBITION ON ASSIGNMENT OF USE. The holder may not assign all or part of the authorized use to others. F. PERFORMANCE OF SUPPORT SERVICES. As a general rule, the holder shall conduct the day- to-day activities authorized by this permit. Activities that support the use authorized by this permit, such as food or shuttle services, may be conducted by a party other than the holder, but only with prior written approval from the authorized officer. The holder shall continue to be responsible for compliance with all the terms of this permit. G. MAINTENANCE. The holder shall maintain authorized temporary improvements and the permit area to standards of repair, orderliness, neatness, sanitation, and safety acceptable to the authorized officer and consistent with other provisions of this authorization. The holder shall comply with inspection requirements deemed appropriate by the authorized officer. H. SIGNS. Signs posted on National Forest System lands must have prior written approval of the authorized officer. I. NONDISCRIMINATION 1. The holder and its employees shall not discriminate against any person on the basis of race, color, sex (in educational activities), national origin, age, or disability or by curtailing or refusing to furnish accommodations, facilities, services, or use privileges offered to the public generally. In addition, the holder and its employees shall comply with the provisions of Title VI of the Civil Rights ACt of 1964 as amended, Section 504 of the Rehabilitation Act of 1973, as amended, Title IX of the Education Amendments of 1972, as amended, and the Age Discrimination Act of 1975, as amended. 2. The holder shall include and require compliance with the above nondiscrimination provisions in any third-party agreement made with respect to the operations authorized under this permit. 3. The Forest Service shall furnish signs setting forth this policy of nondiscrimination. These signs shall be conspicuously displayed at the public entrance to the premises and at other exterior or interior locations, as directed by the Forest Service. 4. The Forest Service shall have the right to enforce the foregoing nondiscrimination provisions by suit for specific performance or by any other available remedy under the laws of the United States or the State in which the violation occurs. J. EQUAL ACCESS TO FEDERAL PROGRAMS. In addition to the above nondiscrimination policy, the holder agrees to ensure that its programs and activities are open to the general public on an equal basis and without regard to any nommerit factor. K. SANITATION. The operation and maintenance of all sanitation and food service systems and facilities shall comply with applicable standards set by state, and local health departments. L. REFUSE DISPOSAL. The holder shall comply with all applicable federal, state, and local requirements related to disposal of any refuse resulting from the use and occupancy authorized by this permit. 3 M. REMOVAL AND PLANTING OF VEGETATION, This permit does not authorize the cutting of timber or other vegetation. Trees or shrubbery may be removed or destroyed only after the authorized officer has approved and marked what may be removed or destro~r cut or destroyed shall be paid for at current stumpage rates for similar timber in the~ National Forest. The Forest Service reserves the right to dispose of the merchantable timber to those other than the holder at no stumpage cost to the holder. Unmerchantab[e material shall be disposed of as directed by the authorized officer. Planting of trees, shrubs, and other plants in the permit area must have prior written approval from the authorized officer. N. FAILURE TO EXERCISE AUTHORIZED PRIVILEGES. Reduce the authorized use if the holder has utilized less than 70 percent of the assigned amount in each of three consecutive years, unless the non-use was approved in accordance with FSH 2709.11, section 41.53h, paragraph 4, or unless the non-use was due to the permit being placed in non-use status pursuant to FSH 2709.11 section 32.23, paragraph 1. Failure to provide the services authorized by this permit may also result in revocation of the permit. O. NOXIOUS WEED/EXOTIC PLANT PREVENTION AND CONTROL. The holder shall be responsible for the prevention and control of noxious weeds and/or exotic plants arising from the authorized use. For purposes of this clause noxious weeds and exotic plants include those species recognized as such b . The holder shall follow prevention and control measures required by . . . When determined to be necessary by the authorized officer, the holder shall develop a plan for noxious weed and exotic plant prevention and control. Such plans must have prior written approval from the authorized officer and, upon approval, shall be attached to this permit as an appendix. RIGHTS AND LIABILITIES A. LEGAL EFFECT OF THE PERMIT. This permit, which is revocable and terminable, is not a contract or a lease, but rather a federal license. The benefits and requirements conferred by this authorization are reviewable sotely under the procedures set forth in 36 CFR Part 251, Subpart C, and 5 U.S.C. 704. This permit does not constitute a contract for purposes of the Contract Disputes Act, 41 U.S.C. 601. The permit is not real property, does not convey any interest in real property, and may not be used as collateral for a loan. B. THIRD-PARTY RIGHTS. This permit is subject to all outstanding valid rights of third parties. Outstanding valid rights include those derived under mining and mineral leasing laws of the ~ United States. The United States is not liable to the holder for the exercise of any such right. C. ABSENCE OF THIRD-PARTY BENEFICIARY RIGHTS. The parties to this permit do not intend to confer any rights on any third party as a beneficiary under this permit. D. WATER RIGHTS. This permit does not confer any water rights on the holder. Water rights must be acquired under state law. Upon revocation or termination of this permit, the holder shall transfer any water rights associated with the use and occupancy authorized by this permit to the succeeding permit holder. If there is no succeeding permit holder, the holder shall relinquish those water rights to the Forest Service. E. RISKS. The holder assumes all risk of loss associated with use and occupancy of the permit area, including but not limited to theft, vandalism, fire and any fire-fighting activities (including prescribed burns), avalanches, rising waters, winds, falling limbs or trees, and acts of God. If authorized temporary improvements in the permit area are destroyed or substantially damaged, the authorized officer shall conduct an analysis to determine whether the improvements can be safely occupied in the future and whether rebuilding should be allowed. F. DAMAGE TO UNITED STATES PROPERTY. The holder has an affirmative duty to protect from damage the land, property, and other interests of the United States. Damage includes but is not limited to fire suppression costs, damage to government-owned improvements covered by this permit, and all costs and damages associated with or resulting from the release or threatened release of a hazardous material occurring during or as a result of activities of the holder or the holder's heirs, assigns, agents, employees, contractors, or lessees on, or related to, the lands, property, and other interests covered by this permit. For purposes of clauses Iii. F, II1.1, and V, "hazardous material" shall mean any hazardous substance, pollutant, contaminant, hazardous waste, oil, and/or petroleum product, as those terms are defined under any federal, state, or local law or regulation. 1. The holder shall avoid damaging or contaminating the environment, including but not limited to the soil, vegetation (such as trees, shrubs, and grass), surface water, and groundwater, during the holder's use and occupancy of the permit area. If the environment or any government property covered by this permit becomes damaged during the holder's use and occupancy of the permit area, the holder shall immediately repair the damage or replace the damaged items to the satisfaction of the authorized officer and at no expense to the United States. 2. The holder shall indemnify the United States for any damages arising out of the use and occupancy authorized by this permit. The holder shall be liable for all injury, loss, or damage, including fire suppression, or other costs in connection with rehabilitation or restoration of natural resources associated with the use and occupancy authorized by this permit. Compensation shall include but not be 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, and all administrative, legal (including attorney's fees), and other costs in connection therewith. 3. With respect to roads, the holder shall be liable for damage to all roads and trails of the United States open to public use caused by use of the holder or the holder's heirs, assigns, agents, employees, contractors, or lessees to the same extent as provided under clause III.FA, except that liability shall not include reasonable and ordinary wear and tear. G. HEALTH, SAFETY, AND ENVIRONMENTAL PROTECTION. The holder shall take all measures necessary to protect the environment, natural resources, and the health and safety of all persons affected by the use and occupancy authorized by this permit. The holder shall promptly abate as completely as possible and in compliance with all applicable laws and regulations any physical or mechanical procedure, activity, event, or condition existing or occurring before, during, or after the term of this permit, and arising out of or relating to any activity, event, or condition existing or occurring during the term of this permit, that causes or threatens to cause a hazard to workers' safety or to public health or safety or harm to the environment (including but not limited to areas of vegetation or timber, fish or other wildlife populations, their habitats, or any other natural resources). The holder shall immediately notify the authorized officer of all serious accidents that occur in connection with such activities. The responsibility to protect the health and safety of all persons affected by the use and occupancy authorized by this permit is solely that of the holder. The Forest Service has no duty under the terms of this permit to inspect the permit area or operations and activities of the holder for h~rdous conditions or compliance with health and safety standards. R. INDEMNIFICATION OF THE UNITED STATES. The holder shall indemnify, defend, and hold the United States harmless for any costs, damages, claims, liabilities, and judgments arising from past, present, and future acts or omissions of the holder in connection with the use and occupancy authorized by this permit. This indemnification and hold harmless provision includes but is not limited to acts and omissions of the holder or the holder's heirs, assigns, agents, employees, contractors, or lessees in connection with the use and occupancy authorized by this permit which result in (1) violations of any laws and regulations which are now or which may in the future become applicable, and including but not limited to those environmental laws listed in clause V.A of this permit; (2) judgments, claims, demands, penalties, or fees assessed against the United States; (3) costs, expenses, and damages incurred by the United States; or (4) the release or threatened release of any solid waste, hazardous waste, hazardous substance, pollutant, contaminant, oil in any form, or petroleum product into the environment. The authorized officer may prescribe terms that allow the holder to replace, repair, restore, or otherwise undertake necessary curative actions to mitigate damages in addition to or as an alternative to monetary indemnification. I. INSURANCE. The holder shall furnish proof of insurance, ~uch as a certificate of insurance, to the authorized officer prior to issuance of this permit and each year thereafter that this permit is in effect. The Forest Service reserves the right to review and approve the insurance policy prior to issuance. The holder shall send an authenticated copy of any insurance policy obtained pursuant to this clause to the authorized officer immediately upon issuance of the policy. Any insurance policies obtained by the holder pursuant to this clause shall name the United States as an additional insured, and the additional insured provision shall provide for insurance coverage for the United States as required under this clause. Such policies shall also specify that the insurance company shall give 30 days prior written notice to the authorized officer of cancellation of or any modification to the policies. The certificate of insurance, the authenticated copy of the insurance olic and written notice of cancellation or modification of insurance policies should 'be sent to ~A~ Minimum amounts of coverage and other insurance requirements are subject to change at the sole discretion of the authorized officer on the anniversary date of this permit. Liability. The holder shall have in force liability insurance covering losses associated with the use and occupancy authorized by this permit a~om personal injury or death and third-party property damage in the minimum amount of $ ~ as a combined single limit per occurrence. Depending on the holder's operations, the Forest Service may require the holder to demonstrate the availability of funds to address any release or threatened release of hazardous materials that may occur in connection with the holder's use and occupancy, Any requirements imposed would be established on a case-by-case basis by the authorized officer based on the degree of environmental risk from the holder's operations. The use and storage of normal maintenance supplies in nominal amounts generally would not trigger financial assurance requirements. Jo PERFORMANCE BOND. The authorized officer may at any time during the term of this permit require the holder to fumish a bond or other security to secure any or all of the obligations imposed by the terms of this permit or any applicable law, regulation, or order. The following terms shall apply if a bond is required. Amount and Form of Bonding. As a further guarantee of compliance with the terms of this permit, the holder agrees to deliver and maintain a surety bond or other acceptable security in the amount of $. In lieu of a bond, the holder may deposit and maintain in a federal depository cash in the foregoing amount or negotiable securities of the United States having a market value at the time of deposit of at least the foregoing dollar amount. Sufficiency of Bonding. The authorized officer may periodically evaluate the adequacy of the bond and increase or decrease the amount as appropriate. Should the bond or other security delivered under this permit become unsatisfactory to the Forest Service, the holder shall within 30 days of demand furnish a new bond or other security issued by a surety that is solvent and satisfactory to the Forest Service. Remedies. The bond shall provide that the surety shall pay the United States for any loss covered by the bond. Payment made by the surety to the United States for any loss covered by the bond shall be without prejudice to any. other rights and remedies of the United States. IV. PERMIT FEES AND ACCOUNTING RECORDS PERMIT FEE. The holder shall pay to the USDA, Forest Service, an annual permit fee for the term of this permit based on the fair market value of the use and occupancy authorized by this permit. The annual permit fee shall include a commercial use fee and, if applicable, an assigned site fee and grazing fee, as enumerated in clauses IVy, and D. The minimum annual permit fee for the authorized use and occupancy shall be $ I~1. Estimates of service days, the number of assigned sites, and grazing use shall be determined from the five-year or annual operating plan. Estimated fees shall be calculated on an Estimated Fee Determination Sheet. The holder shall pay the annual permit fee in advance of the authorized use and occupancy, as provided in clause IV.E. Payments due before commercial operations commence are not refundable. COMMERCIAL USE FEE. The annual permit fee shall be determined in accordance with ~ ~[~~. Any decrease in the assigned a~nount of use (non-use) must be approved by the authorized officer. The holder does not have to pay a commercial use fee for approved non-use. The holder shall pay a commercial use fee for any non-use that is not approved. (a) Definitions (1) AdjuSted Gross Revenue. Gross revenue and revenue additions less applicable exclusions. (2) Gross Revenue. The total amount of receipts from the sale of goods or services provided .by the holder or third party under the permit. (3) Revenue Additions. The market value of the following items, which are added to gross revenue: (A) The value of goods and services that are donated or the value of goods and services that are bartered in exchange for goods end services received that are directly related to the outfitted or guided trip; and (B) The value of gratuities, which are goods, services, or privileges that are not available to the general public and that are donated or provided without charge to organizations; individuals; the holder's employees, owners, or officers; or immediate family members of the holder's employees, owners, or officers. (4) Revenue Exclusions. The following are excluded from gross revenue: (A) Revenue derived from goods or services sold on private land that are not related to outfitting and guiding operations conducted on National Forest System lands, such as souvanJrs, telephone toll charges, and accident insurance sales. (B) Amounts paid or payable to a State govemmant licensing authority or recreation administering agency from sales of hunting or fishing licenses and recreation fee tickets. (C) Revenue from the sale of operating equipment, rental equipment, capitalized assets, or other assets used in outfitting and guiding operations, such as horses, tack, watercraft, and rental skis and boots, which are sold periodically and replaced. 2. ASSIGNED SITE FEE. A fee shall be charged for the occupancy of National Forest System sites assigned to the holder. Assigned site fees shall not be prorated; the holder shall pay the full annual fee for each assigned site. No refunds or credits will be given for authorized but unused assigned sites. 3. GRAZING.FEE. A fee shall be charged for grazing livestock used in conjunction with the use and occupancy authorized by this permit. No refunds or credits will be given for authorized but unexercised grazing use. B. PAYMENT SCHEDULE. The holder shall pay the annual estimated permit fee, including the fee for commercial use, assigned site fee, and grazing fee, in advance of the authorized use, as follows: 1. Single Payment. The holder shall pay the total annual estimated fee in advance when it is less than $500. 2. Two Payments. The holder shall pay half the total annual estimated fee in advance and the remainder by mid:season when the total is equal to or greater than $500, but less than $2,500. 3. Three Payments. The holder shall pay one-third of the total annual estimated fee in advance and the remainder in two equal payments by mid-season when the total is $2,500 or more. 4. Final Payment. The Forest Service shall reconcile annually the actual permit fee against permit fee payments made. The holder shall pay any additional fees owed for the past year's operation within 30 days of billing. C. DOCUMENTATION OF REVENUE. The holder shall pro,vide documentation of use and revenue for purposes of permit fee verification. ' 1. Actual Use Report. Within 30 days of completion of the holder's approved operating season, the holder shall submit to the authorized officer an actual use report in accordance with the format in Appendix E. 2. Income Statements. No later than 90 days after the close of the holder's fiscal year, the holder shall submit to the authorized officer a statement of income reporting the results of the holder's annual operations. The statement shall include gross revenue, the value of donated goods and services, the value of gratuities, the value and description of items excluded from gross revenue, and all adjustments, such as taxes deducted, and shall be broken down by permitted activities. D. FEE PAYMENT ISSUES 1. Crediting of Payments. Payments shall be credited on the date received by the deposit facility, except that if a payment is received on a non-workday, the payment shall not be credited until the next workday. 2. Disputed Fees. Fees are due and payable by the due date. Disputed fees must be paid in full. Adjustments will be made if dictated by settlement terms or an appeal decision. 3. Late Payments (a) Interest. Pursuant to 31 U.S.C. 3717 et see., interest shall be charged on any fee amount not paid within 30 days from the date it became due. The rate of interest assessed shall be the higher of the Prompt Payment Act rate or the rate of the current value of funds to the Treasury (i.e., the Treasury tax and loan account rate), as prescribed and published annually or quarterly by the Secretary of the Treasury in the Federal Register and the Treasury Fiscal Requirements Manual Bulletins. Interest on the principal shall accrue from the date the fee amount is due. (b) Administrative Costs. If the account becomes delinquent, administrative costs to cover processing and handling the delinquency shall be assessed. (c) Penalties. A penalty of 6% per annum shall be assessed on the total amount that is more than 90 days delinquent and shall accrue from the same date on which interest charges begin to accrue. (d) Termination for Nonpayment. This permit shall terminate without the necessity of prior notice and opportunity to comply when any permit fee payment is 90 calendar days from the due date in arrears. The holder shall be responsible for the delinquent fees, as well as any other costs of restoring the site to its original condition, including hazardous waste cleanup. 4. Administrative Offset and Credit Reporting. Delinquent fees and other charges associated with the permit shall be subject to all rights and remedies afforded the United States pursuant to 31 U.S.C. 3711 et seq. and common law. Delinquencies are subject to any or all of the following: (a) Administrative offset of payments due the holder from the Forest Service. (b) If in excess of 60 days, referal to the Department of the Treasury for appropriate collection action as provided by 31 U.S.C. 3711(g)(1). (c) Offset by the Secretary of the Treasury of any amount due the holder, as provided by 31 U.S.C. 3720 et se~3. (d) Disclosure to consumer or commercial credit reporting agencies. E. ACCOUNTING RECORDS. The holder shall follow generally accepted accounting principles or another comprehensive basis of accounting, such as the cash, modifed cash; or income tax basis of accounting, in recording financial transactions. The minimum acceptable accounting system shall include: 1. Systematic internal controls and separate recording of gross receipts from each type of business conducted under this permit, separate from any other commercial or personal activity. Receipts shall be recorded daily without reduction and, if possible, deposited into a bank account. Receipt entries shall be supported by documentation such as cash register tapes, sales invoices, reservation records, and cash accounts from other sourceS. 2. When requested by the Forest Service, the holder at its own expense shall have its annual accounting records audited by an independent public accountant acceptable to the Forest Service. F. ACCESS TO ACCOUNTING RECORDS. The holder shall make all of the accounting books and supporting records for the business activities authorized by this permit available for audit by the Forest Service or other federal agencies authorized to review Forest Service activities. The holder shall retain these records and make them available for review for five years after the end of the year they were generated, unless disposition is otherwise authorized by the Forest Service in writing. V. RESOURCE PROTECTION A. COMPLIANCE WITH ENVIRONMENTAL LAWS. The holder shall in connection with the use and occupancy authorized by this permit comply with all applicable federal, state, and local environmental laws and regulations, including but not limited to those established pursuant to the Resource Conservation and Recovery Act, as amended, 42 U.S.C. 6901 et sec.. the Federal Water Pollution Control Act, as amended, 33 U.S.C. 1251 et sec!., the Oil Pollution Act, as amended, 33 U.S.C. 2701 et seq., the Clean Air Act, as amended, 42 U.S.C. 7401 et seq., the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA), as amended, 42 U.S.C. 9601 et eeo., the Toxic Substances Control Act, as amended, 15 U.S.C. 2601 et seq., the Federal Insecticide, Fungicide, and Rodanticide Act, as amended, 7 U.S.C. 136 et seq., and the Safe Drinking Water Act, as amended, 42 U.S.C. 300f et sec. 13. VANDALISM. The holder shall take reasonable measures to prevent and discourage vandalism and disorderly conduct and when necessary shall contact the appropriate law enforcement officer. C. HERBICIDE AND PESTICIDE USE. Herbicides and pesticides may not be used to control undesirable woody and herbaceous vegetation, aquatic plants, insects, rodents, fish, and other pests and weeds without prior written approval from the authorized officer. ^ request for approval of planned uses of pesticides shall be submitted annually by the holder on the due date established by the authorized officer. The report shall cover a 12-month period of planned use beginning 3 months after the reporting date. Information essential for review shall be provided in the form specified. Exceptions to this schedule may be allowed, subject to emergency request and approval, only when unexpected outbreaks of pests or weeds require control measures that were not anticipated at the time an annual report was submitted. Only those materials registered by the U.S. Environmental Protection Agency for the specific purpose planned shall be considered for use on National Forest System lands. Label instructions and all applicable laws and regulations shall be strictly followed in the application of pesticides and disposal of excess materials and containers. ' D. ARCHAEOLOGICAL-PALEONTOLOGICAL DISCOVERIES. The holder shall immediately notify the authorized officer of any antiquities or other objects of historic or scientific interest, including but not limited to historic or prehistoric ruins, fossils, or a. rtifacts discovered as the result of operations under this permit. The holder shall leave such discoveries intact until authorized to proceed by the authorized officer. Protective and mitigative measures specified by the authorized officer shall be the responsibility of the holder. E. PROTECTION OF HABITAT OF ENDANGERED, THREATENED, AND SENSITIVE SPECIES. Location of areas needing special measures for protection of plants or animals listed as threatened or endangered under the Endangered Species Act (ESA), 16 U.S.C. 531 et seq., as amended, or as sensitive by the Regional Forester under the authority of Forest Service Manual Chapter 2670, derived from ESA' Section 7 consultation, may be shown on a separate map, hereby made a part of this permit, or identified on the ground. Protective and mitigative measures specified by the authorized officer shall be the sole responsibility of the holder. If protective measures prove inadequate, if other such areas are discovered, or if new species are listed as federally threatened or endangered or as sensitive by the Regional Forester, the authorized officer may specify additional protection, regardless of when such facts become known. Discovery of such areas by either party shall be promptly reported to the other par[y. F. CONSENT TO STORE HAZARDOUS MATERIALS. Th~,holder shall not store any hazardous materials at the site without prior written approval from the authorized officer. This approval shall not be unreasonably withheld. If the authorized officer provides approval, this permit shall include, or in the case of approval provided after this permit is issued, shall be amended to include specific terms addressing the storage of hazardous materials, including the specific type of materials to be stored, the volume, the type of storage, and a spill plan. Such terms shall be proposed by the holder and are subject to approval by the authorized officer. 1. If the holder receives consent to store hazardous material, the holder shall identify to the Forest Service any hazardous material to be stored at the site. Such identification information shall be consistent with column (1) of the table of hazardous materials and special provisions ' given at 49 CFR 172.101 whenever the hazardous material appears in that table. For hazard communication purposes, the holder shall maintain Material Safety Data Sheets for any stored hazardous chemicals, consistent with 29 CFR 1910.1200(c) and (g). In addition, all hazardous materials stored by the holder shall be used, labeled, stored, transported, and disposed of in accordance with all applicable federal, state, and local laws and regulations.' 2. The holder shall not release any hazardous material as defined in clause llI.F, onto land or into rivers, streams, impoundments, or into natural or man-made channels leading thereto. All prudent and safe attempts must be made to contain any release of these materials. The authorized officer in charge may specify specific conditions that must be met, including conditions more stringent than federal, state, and local regulations, to prevent releases and protect natural resources. 3. The holder shall immediately notify all appropriate response authorities, including the National Response Center and the authorized officer, of any oil discharge or of the release of a hazardous substance at the site in an amount greater than or equal to its reportable quantity, in accordance with 33 CFR Part 153, Subpart B, and 40 CFR Part 302. For the purposes of this requirement, "oil" is as defined by section 311 (a)(1) of the Clean Water Act, 33 U;S.C. 1321 (a)(1). The holder shall immediately notify the authorized officer upon knowledge of any release or threatened release of any hazardous material at or in the vicinity of the permit area which may be harmful to public health or welfare or which may adversely affect natural resources under the management of the United States. G. CLEANUP AND REMEDIATION. Except with respect to any federally permitted release as that term is defined under Section 101 (10) of CERCLA, 42 U.S.C. 9601(10), the holder shall clean up or otherwise remediate any release, threat of release, or discharge of hazardous materials that occurs either on site or in connection with the holder's activities, whether or not those activities are authorized under this permit. The holder shall perform cleanup or remediation immediately upon discovery of the release, threat of release, or discharge of hazardous materials. The holder shall perform the cleanup or remediation to the satisfaction of the authorized officer and at no expense to the United States. Upon revocation or termination of this permit, the holder shall deliver the site to the Forest Service free and clear of contamination. H. CERTIFICATION UPON REVOCATION OR TERMINATION. Ifthe holder uses or stores hazardous materials at the site, upon revocation or termination of this permit the holder shall · provide the Forest Service with a report certified by a professional or professionals acceptable to the Forest Service that the site covered by this permit is uncontaminated by the presence of hazardous materials and that there has not been a release or discharge of hazardous materials upon the site, into surface water at or near the site, or into groundwater below the site during the term of the permit. If a release or discharge has occurred, the professional or professionals shall document and certify that the release or discharge has been fully remediated and that the site is in compliance with all federal, state, and local laws and regulations. VI. REVOCATION, SUSPENSION, AND TERMINATION A. REVOCATION AND SUSPENSION. The authorized officer may revoke or suspend this permit in whole or in part: 1. For noncompliance with federal, state, or local laws and regulations; 2. For noncompliance with the terms of this permit; ', 3. For failure of the holder to exercise the privileges granted by this permit; 4. With the consent of the holder; or ]0 At the discretion of the authorized officer, for specific and compelling reasons in the public interest. REVOCATION BASED ON PERFORMANCE RATING. If the holder receives an annual rating of unacceptable based on deficiencies identified but uncorrected in a mid-season review and evaluation, the Forest Service shall revoke this permit or, if it is about to expire, shall allow it to ~ terminate. NOTICE AND OPPORTUNITY TO TAKE CORRECTIVE ACTION. Prior to revocation or suspension under clause VI.A. or VI.B, the authorized officer shall give the holder written notice of the grounds for the action to be taken. For purposes of revocation under clause VI.B, written notice must be given to the holder after the mid-season review and evaluation that if 'the identified deficiencies are not corrected, they will result in an annual rating of unacceptable, which in turn will result in revocation of the permit. Prior to revocation or suspension under clause VI.A.1, 2, or 3 or revocation under clause VI.B, the authorized officer also shall give the holder a reasonable period, not to exceed 30 days, to complete corrective action prescribed by the authorized officer. The period between the mid-season review and evaluation and the annual rating shall constitute adequate opportunity to take corrective action for purposes of revocation under clause VI.B. D. IMMEDIATE SUSPENSION. The authorized officer may immediately suspend this permit in whole or in part when necessary to protect public health or safety or the environment. The suspension decision must be in writing. Within 48 hours of the request of the holder, the superior of the authorized officer shall arrange for an on-the-ground review of the adverse conditions with the holder. Following this review, the superior shall take prompt action to affirm, modify, or cancel the suspension. E. APPEALS AND REMEDIES. Any written decisions by the authorized officer relating to administration of this permit, including annual ratings of probationary and unacceptable and revocation or suspension decisions, are subject to the administrative appeal regulations at 36 CFR Part 251, Subpart C, as amended. Revocation or suspension of this permit shall not give rise to any claim for damages by the holder against the Forest Service. F. TERMINATION. This permit shall terminate when by its terms a fixed or agreed upon condition, event, or time occurs without any action by the authorized officer. Examples include but are not limited to expiration of the permit by its terms on a specified date and termination upon change of control of the business entity. Termination of this permit is not subject to administrative appeal and shall not give rise to any claim for damages by the holder against the Forest Service. G. REMOVAL OF TEMPORARY IMPROVEMENTS. Upon revocation or termination of this permit, the holder shall remove within a reasonable time prescribed by the authorized officer all temporary improvements, except those owned by the United States, and shall restore the site. If the holde~ fails to remove all temporary improvements within the prescribed period, they shall become the property of the United States and may be sold, destroyed, or otherwise disposed of without any liability to the United States. However, the holder shall remain liable for all costs associated with their removal, including costs of sale and impoundment, cleanup, and restoration of the site. VII. MISCELLANEOUS PROVISIONS A. REGULATING SERVICES AND RATES. The Forest Service reserves the right to regulate the adequacy, type, and price of services provided to the public and to require that these services conform to satisfactory standards. The holder may be required to furnish a schedule of prices for sales and services authorized by this permit. Such prices and services may be regulated by the Forest Service, provided that the holder shall not be required to charge prices significantly different from those charged by comparable or competing businesses. B. ADVERTISING. The holder shall not misrepresent in any way, either orally, in its circulars, brochures, advertising, and other materials, or on its Wodd Wide Web site, signs, or letterheads, any aspect of the use authorized by this permit, including services provided by the holder, the status of this permit, or the area it covers. All of the holder's circulars, brochures, and advertising and its World Wide Web site regarding use of the permit area shall state that the permit area is located in the ~ National Forest. C. CURRENT ADDRESSES. The holder and the Forest Service shall keep each other informed of ' current mailing addresses, including those necessary for payment of fees. D. SERVICES NOT PROVIDED. This permit does not provide for the furnishing of road or trail maintenance, water, fire protection, search and rescue, or any other such service by a government agency, utility, association, or individual. F. MEMBERS OF CONGRESS. No member of or delegate to Congress or resident commissioner shall benefit from this permit either directly or indirectly, except to the extent the authorized use provides a general benefit to a corporation. G. SUPERSEDED PERMIT. This permit supersedes a permit designated Western Adventures, Inc., ~, and dated 05/31/2000. H. SUPERIOR CLAUSES. Jn the event of any conflict between any of the preceding printed clauses and any subsequent clauses or any provisions in the appendices attached to this permit, the preceding printed clauses shall control. This permit is accepted subject to all Its terms and conditions. HOLDER: Western Adventures, Inc. U.S. DEPARTMENT OF AGRICULTURE y:. ~' ~.; (Holder or H'ol~le~s Agent)- (Authorized Officer) The following certificate shall be executed by the secretary or assistant secretary of the corporation: I.~'~..,~,~ . . cert f tha" ' ' ' of ' '--' , y [ I am ~ne . ... . ~l~jt~ ~ !he corporation that executed the above permit that - -~ wno mgned th~s permit on behalf of ~ was then ~ of that corporation; that I know his/her signature that his/her sLclnature on th s permit is genuine; and that this ,perm!t wa? signed, sealed, and attested to on behalf of ~ b,, auth,,,;~, ,,~ ~+~ Doara of directors. · "'"~' "' "~ According to the Paperwork Reduction Act of 1995, no persona are required to respond to a collection of information unless it disp ays a valid OMB control number. The valid OMB control number for this Information collection is 0596-0082. This information is needed by the Forest Service to evaluate requests to use National Forest System lands and manage those lands to protect natural resources, administer the use, and ensure public health and safety. This Information is required to obtain or retain a benefit. The authority for that requirement is provided by Ihe Organic Act of 1897 and the Federal Land Policy and Management Act of 1976, which authorize the Secretary of Agriculture to promulgate rules and regulations for authorizing and mansging National Forest System lands. These statutes, along with the Term Permit Act, National Forest Ski Area Permit Act, Granger-Thye ACt, Mineral Leasing ACt, Alaska Term Permit Act, Act of September 3, Protection Act; and 1954, Wilderness ACt, National Forest Roads and Trails Act, Act of November 16, 1973, Aroheological Resources Alaska National Interest Lands Conservation Act, authorize the Secretary of Agriculture to Issue authorizations for the use and occupancy of National Forest System ands. The Secretary of Agriculture's regulations at 36 CFR Part 251, Subpart B, establish procedures for issuing these authorizations. 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. Public reporting burden for collection of information, If requested, is estimated to average 1 hour per response for annual financial information; average 1 hour per response to prepare or update operation and/or maintenance plan; average 1 hour par re~ponae for inspection reports; and an average of 1 hour for each request that may include such things as reports, logs, facility and user information, sublease Information, and other similar miscellancous information requests. This includes the time for reviewing instructions, searching existing data sources, gathering and maintaining the data needed, and completing and reviewing the coll~ction of information. Send comments regarding this burden estimate or any other aspect of this collection of information, incJuding suggestions for reducing this burden, to Department of Agricutture, Clearance Officer, OIRM, AG Box 7630, Washington. D.C. 20250; and to the Office of Management and Budget, Paperwork Reduction Project (OMB # 0596-0082) Washington, D.C. 20503. 12 MEMORANDUM To~ Lance Clark, Community Development Department From: Nancy MacKenzie Environmental Health Department Date: August 29, 2005 Western Adventures Special Use Permit Parcel ID # 2641-271 Western Adventures has a Special Use Permit for a commercial snowmobile operation in the Lenado/Koby Park area of Pitkin County. Clients of Western Adventures rent snowmobiles for a guided tour of the Koby Park area of the White River National Forest. Clients meet at a staging area near Lenado where snowmobiles are stored and fueled. A guide employed by Western Adventures leads the customers into the Forest. An unam~ounced inspection of the staging/fueling area was made by Nancy MacKenzie, Envirom~ental Health, and Lance Clark, Community Development. Our site visit occurred late in the afternoon of March 17, 2005 at a time when no activity was occurring and no employees of Western Adventure were present. There had not been a recent snowfall but snow covered the ground. The area had no sign of oil or fuel spills and there was no noticeable disturbance to the area. The area was well maintained, including the portable toilet facility. All the snowmobiles appeared to be new (Polaris Sport Touring Xtra-10) and well maintained. I viewed the staging area again on August 19, 2005. There was good grass growth, no weeds and no indication that the area had been disturbed or used as a staging area. No complaints have been received by Environmental Health from the public during the 2004-05 season. Environmental Health recommends approval of a future Use Permit application for the 2005-2006 season.