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Authorization ID: SOP165 2700-4 (05/03)
Contact ID: EAGLE_COUNTY 0596-0082
Expiration Date: 12/31/2045
Use Code: 343
U.S. DEPARTMENT OF AGRICULTURE
Forest Service
SPECIAL USE PERMIT
AUTHORITY:
FEDERAL LAND POLICY AND MGMT ACT, AS AMENDED October 21,1976
EAGLE COUNTY GOVERNMENT of 500 BROADWAY, P.O. BOX 850, , EAGLE, CO 81631 (hereinafter called
the Holder) is hereby authorized to use or occupy National Forest System lands, to use subject to the conditions
set out below, on the White River National Forest or Sopris Ranger District unit of the National Forest System.
This permit covers .01 acres, and/or 0 miles and is described as: NE1/4 Sec. 3, T. 8 S., R. 87 W., 6TH
PRINCIPAL MERIDIAN as shown on the location map attached to and made a part of this permit, and is issued
for the purpose of:
To install and connect a 4-inch sewer/wastewater service line from the Crown Mountain Park and
Recreation District garage/office building to the a-inch sewer line at the Forest Service Mt. Sopris Tree
Nursery administrative site in EI Jebel.
The above described or defined area shall be referred to herein as the "permit area".
TERMS AND CONDITIONS
I. AUTHORITY AND GENERAL TERMS OF THE PERMIT
A. Authority. This permit is issued pursuant to the authorities enumerated at Title 36, Code of Federal
Regulations, Section 251 Subpart B, as amended. This permit, and the activities or use authorized, shall be
subject to the terms and conditions of the Secretary's regulations and any subsequent amendment to them.
B. Authorized Officer. The authorized officer is the Forest Supervisor or a delegated subordinate officer.
C. License. This permit is a license for the use of federally owned land and does not grant any permanent,
possessory interest in real property, nor shall this permit constitute a contract for purposes of the Contract
Disputes Act of 1978 (41 U.S.C. 611). Loss of the privileges granted by this permit by revocation, termination, or
suspension is not compensable to the holder.
D. 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, conditions, and
stipulations as may be required by law, regulation, land management plans, or other management decisions.
E. Existing Rights. This permit is subject to all valid rights and claims of third parties. The United States is not
liable to the holder for the exercise of any such right or claim.
F. 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 permit
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.
G. 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.
H. Assignability. This permit is not assignable or transferable. If the holder through death, voluntary sale or
transfer, enforcement of contract, foreclosure, or other valid legal proceeding ceases to be the owner of the
improvements, this permit shall terminate.
I. Permit Limitations. Nothing in this permit allows 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 approved by the authorized officer in the form of a new permit or permit amendment.
II. TENURE AND ISSUANCE OF A NEW PERMIT
A. Expiration at the End of the Authorized Period. This permit will expire at midnight on 12/31/2045. Expiration
shall occur by operation of law and shall not require notice, any decision document, or any environmental analysis
or other documentation.
B. Minimum Use or Occupancy of the Permit Area. Use or occupancy of the permit area shall be exercised at
least 365 days each year, unless otherwise authorized in writing under additional terms of this permit.
C. Notification to Authorized Officer. If the holder desires issuance of a new permit after expiration, the holder
shall notify the authorized officer in writing not less than six (6) months prior to the expiration date of this permit.
D. Conditions for Issuance of a New Permit. At the expiration or termination of an existing permit, a new permit
may be issued to the holder of the previous permit or to a new holder subject to the following conditions:
1. The authorized use is compatible with the land use allocation in the Forest Land and Resource
Management Plan.
2. The permit area is being used for the purposes previously authorized.
3. The permit area is being operated and maintained in accordance with the provisions of the permit.
4. The holder has shown previous good faith compliance with the terms and conditions of all prior or other
existing permits, and has not engaged in any activity or transaction contrary to Federal contracts, permits
laws, or regulations.
E. Discretion of Forest Service. Notwithstanding any provisions of any prior or other permit, the authorized officer
may prescribe new terms, conditions, and stipulations when a new permit is issued. The decision whether to
issue a new permit to a holder or successor in interest is at the absolute discretion of the Forest Service.
F. Construction. Any construction authorized by this permit may commence by November 1,2005 and shall be
completed by May 1, 2006. If construction is not completed within the prescribed time, this permit may be revoked
or suspended.
III. RESPONSIBILITIES OF THE HOLDER
A. Compliance with Laws, Requlations, and other Legal Requirements. The holder shall comply with all
applicable Federal, State, and local laws, regulations, and standards, including but not limited to, the Federal
Water Pollution Control Act, 33 U.S.C. 1251 et seQ., the Resource Conservation and Recovery Act, 42 U.S.C.
6901 et seq., the Comprehensive Environmental Response, Compensation, and Liability Act, 42 U.S. C. 9601 et
seQ., and other relevant environmental laws, as well as public health and safety laws and other laws relating to
the siting, construction, operation, and maintenance of any facility, improvement, or equipment on the property.
B. Plans. Plans for development, layout, construction, reconstruction, or alteration of improvements on the
permit area, as well as revisions of such plans, must be prepared by a qualified individual acceptable to the
authorized officer and shall be approved in writing prior to commencement of work. The holder may be required
to furnish as-built plans, maps, or surveys, or other similar information, upon completion of construction.
C. Maintenance. The holder shall maintain the improvements and permit area to standards of repair, orderliness,
neatness, sanitation, and safety acceptable to the authorized officer and consistent with other provisions of this
authorization. If requested, the holder shall comply with inspection requirements deemed appropriate by the
authorized officer.
D. Hazard Analysis. The holder has a continuing responsibility to identify all hazardous conditions on the permit
area which would affect the improvements, resources, or pose a risk of injury to individuals. Any non-emergency
actions to abate such hazards shall be performed after consultation with the authorized officer. In emergency
situations, the holder shall notify the authorized officer of its actions as soon as possible, but not more than 48
hours, after such actions have been taken.
E. Change of Address. The holder shall immediately notify the authorized officer of a change in address.
F. Change in Ownership. This permit is not assignable and terminates upon change of ownership of the
improvements or control of the business entity. The holder shall immediately notify the authorized officer when a
change in ownership or control of business entity is pending. Notification by the present holder and potential
owner shall be executed using Form SF-299 Application for Transportation and Utility Systems and Facilities of
Federal Lands, or Form FS-2700-3a, Holder Initiated Revocation of Existing Authorization, Request for a Special
Use Permit. Upon receipt of the proper documentation, the authorized officer may issue a permit to the party who
acquires ownership of, or a controlling interest in, the improvements or business entity.
IV. 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 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 attorney'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.
V. TERMINATION, REVOCATION, AND SUSPENSION
A. General. For purposes of this permit, "termination", "revocation", and "suspension" refer to the cessation of
uses and privileges under the permit.
"Termination" refers to the cessation of the permit under its own terms without the necessity for any
decision or action by the authorized officer. Termination occurs automatically when, by the terms of the permit, a
fixed or agreed upon condition, event, or time occurs. For example, the permit terminates at expiration.
Terminations are not appealable.
"Revocation" refers to an action by the authorized officer to end the permit because of
noncompliance with any of the prescribed terms, or for reasons in the public interest. Revocations are
appealable.
"Suspension" refers to a revocation which is temporary and the privileges may be restored upon the
occurrence of prescribed actions or conditions. Suspensions are appealable.
B. Revocation or Suspension. The Forest Service may suspend or revoke this permit in whole or part for:
1. Noncompliance with Federal, State, or local laws and regulations.
2. Noncompliance with the terms and conditions of this permit.
3. Reasons in the public interest.
4. Abandonment or other failure of the holder to otherwise exercise the privileges granted.
C. Opportunity to Take Corrective Action. Prior to revocation or suspension for cause pursuant to Section V (B),
the authorized officer shall give the holder written notice of the grounds for each action and a reasonable time, not
to exceed 90 days, to complete the corrective action prescribed by the authorized officer.
D. Removal of Improvements. Prior to abandonment of the improvements or within a reasonable time following
revocation or termination of this authorization, the holder shall prepare, for approval by the authorized officer, an
abandonment plan for the permit area. The abandonment plan shall address removal of improvements and
restoration of the permit area and prescribed time frames for these actions. If the holder fails to remove the
improvements or restore the site within the prescribed time period, they 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 cost associated with their removal, including costs of sale and impoundment,
cleanup, and restoration of the site.
VI. FEES
A. Termination for Nonpayment. This permit shall automatically terminate without the necessity of prior notice
when land use rental fees are 90 calendar days from the due date in arrears.
B. Fees for this use have been exempted or waived in full pursuant to 36 CFR 251.57, or revisions thereto, and
direction in FSH 2709.11, chapter 30.
C. Payment Due Date. The payment due date shall be the close of business on N/A of each calendar year
payment is due. Payments in the form of a check, draft, or money order are payable to USDA, Forest Service.
Payments shall be credited on the date received by the designated Forest Service 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.
D. Late Payment Interest. Administrative Costs and Penalties 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 (Le., 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.
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 it's 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.)
VII. OTHER PROVISIONS
A. 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.
B. Appeals and Remedies. Any discretionary decisions or determinations by the authorized officer are subject to
the appeal regulations at 36 CFR 251, Subpart C, or revisions thereto.
C. 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.
D. Information From Holders (R1-X17). As a condition of this authorization, the holder is responsible for providing
the authorized officer with any information in possession necessary for determining annual rental fees, ownership,
other matters concerning the administration of the authorized use by the Forest Service.
Regarding the submission of such information, the holder understands that it is a crime for any person to knowingl:
and willfully make false, fictitious, or fraudulent statements to matters under the jurisdiction of the United States
Government (Title 18, U.S.C. Section 1001).
E. Forest Service Representative (R1-X16). The District Ranger, Sopris Ranger District, Telephone No.
970-963-2266, is responsible for administering this special-use authorization. The holder should contact
the District Ranger regarding any questions concerning the occupancy and use authorized and the
provisions of this authorization.
F. Ownership of Improvements by Other Than Holder (R1-X3). The holder shall exercise effective
ownership and control of all facilities on the permitted area. Forest Service acquiescence in a financing
arrangement wherein the title to the improvements is in an investor, lender, manufacturer, or supplier will not
convey any right in such title holder to operate said improvements. Also, no obligation to issue a special-use
authorization to such title holder will be recognized by the Forest Service in the event of default by the holder
or of dissolution of the holder through sale, transfer, bankruptcy, foreclosure, or other legal proceedings.
G. Solid and Hazardous Waste Disposal (R1-D2). In addition to consultation during the application stage for this
special-use permit, the holder shall be responsible for further consultation with appropriate State and local
agencies and/or the Environmental Protection Agency regarding all sludges, garbage, refuse or other solid waste
from commercial, industrial, or community wastewater treatment plants generated and/or disposed on lands
covered by this authorization. The holder shall comply with all applicable terms and regulations regarding "solid
waste" and "hazardous waste" under the Solid Waste Disposal Act, as amended by the Resource Conservation
and Recovery Act of 1976, 42 U.S.C. 6901, et seq.
H. Underqround Utilities (R1-D1). All new or replacement sewer/wastewater line will be underground except
where prohibited by technical circumstances. The burden of proof for variance from this requirement rests with
the holder. Variance will be approved or denied in writing by the authorized officer.
/. Nondiscrimination in Employment and Services (R2-B-1 08). During the performance of this permit, the
holder agrees that:
1. The holder and employees shall not discriminate by segregation or otherwise against any person on
the basis of race, color, sex (in educational activities), national origin, age or disability, by curtailing or by
refusing to furnish accommodations, facilities, services, or use privileges offered to the public generally
and that the holder and 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, and the Age Discrimination Act of 1975.
2. The holder shall include and require compliance with the above nondiscrimination provisions in any
third party agreement made with respect to the operations under this permit.
3. Signs setting forth this policy of nondiscrimination to be furnished by the Forest Service will be
conspicuously displayed at the public entrance to the premises, and at other exterior or interior locations
as directed by the Forest Service.
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 breach or violation occurs.
In addition to the above non-discrimination policy, the holder agrees to insure that its program and
activities are open to the general public on an equal basis and without regard to any non-merit factor.
J. Responsibility for DamaQe to United States Property (R2-B-106). 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. "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.
K. Utility Installation (R2-B-1 01). The installation of utilities such as water, sewage, electricity, and
natural or liquefied petroleum gas, must conform to national, state, local, and industry standards.
According to the Paperwork Reduction Act of 1995, no persons are required to respond to a collection of information unless it displays a valid
OM8 control number. The valid OM8 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 the 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 managing 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, 1954, Wilderness Act, National Forest Roads and Trails Act, Act of November 16, 1973, Archaeological Resources
Protection Act. and Alaska National Interest Lands Conservation Act, authorize the Secretary of Agriculture to issue authorizations for the use
and occupancy of National Forest System lands. The Secretary of Agriculture's regulations at 36 CFR Part 251, Subpart 8, establish
procedures for issuing those 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 per response 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 miscellaneous information requests. This includes the time for reviewing
instructions, searching existing data sources, gathering and maintaining the data needed, and completing and reviewing the collection of
information.
<USE THIS SIGNATURE PAGE FOR INDIVIDUAL(S), PARTNERSHIPS, BUSINESSES, AND ALL
NON CORPORA TE ENTITIES. >
This permit is accepted subject to the conditions set out above.
: EAGLE COUNTY GOVERNMENT U.S. DEPARTMENT~GRICUL TURE
By: By: ad ~
(Authorized Officer Signature)
By: Title: Maribeth Gustafson, Forest Supervisor
(Holder Signature) (Name and Title)
Date: Date:
:P
~rown Mountain Park ~ M C"l'
",<,I
