HomeMy WebLinkAbout25 - Special Use Permit - United States Forest Service - Hyalite Creek municipal water diversionAuthorization ID: BOZ52 Contact Name: BOZEMAN, CITY OF Expiration Date: 12/31/2054 Use Code: 521, 922, 914
FS-2700-4 (09/2020) OMB 0596-0082
U.S. DEPARTMENT OF AGRICULTURE FOREST SERVICE SPECIAL USE PERMIT Authority: ORGANIC ADMINISTRATION ACT June 4, 1897, FEDERAL LAND POLICY AND MGMT ACT, AS AMENDED October 21, 1976
CITY OF BOZEMAN, PO BOX 1230 BOZEMAN MT UNITED STATES 59771-1230 (hereinafter "the holder") is authorized to use or occupy National Forest System lands in the CUSTER GALLATIN NATIONAL FOREST or Bozeman Ranger District unit of the National Forest System, subject to the terms of this special use permit (the permit). This permit covers 4.35 acres in the NE1/4 NE1/4 NW1/4 Sec. 23, T. 3 S., R. 5 E., PRINCIPAL MERIDIAN, MONTANA, W1/2 W1/2 Government Lot 9 in Sec. 14, T. 3 S., R. 5 E., PRINCIPAL MERIDIAN, MONTANA , ("the permit area"), as shown on the map attached as Appendix A. This and any other appendices to this permit are hereby incorporated into this
permit. This permit issued for the purpose of: Operation and maintenance of the holder’s Hyalite Creek (AKA Middle Creek) municipal water diversion and transmission system. The facility is continuously operated by the holder to deliver water from Hyalite Creek to the holder’s water treatment plant located at 7024 Sourdough Canyon Road. The holder’s facility includes: a low level impoundment dam approximately 200 feet in total width consisting of an approximate 160 foot wide earthen embankment section and a 40 foot wide reinforced concrete spillway; a steel fish ladder; intake pond; intake building and appurtenant diversion infrastructure; building security fence; two (2) mostly parallel raw water transmission pipelines each approximately 1,450 linear feet in length, the first being 30” diameter ductile iron, the second being 21” diameter reinforced concrete; a 48” diameter reinforced concrete pipeline for spillway bypass and intake pond sediment flushing; and gated site access road and parking. Record drawings that show the exact nature of the holder’s intake facility are included with Appendix A.
NOTE: The holder’s authorized facility under this permit excludes the private irrigation diversion, pipeline, and open ditch - known as the Flanders Mill Pond Ditch - that is owned, operated and maintained by the Middle Creek Ditch Company and co-located at the holder’s secure intake facility. I. GENERAL TERMS A. AUTHORITY. This permit is issued pursuant to the ORGANIC ADMINISTRATION ACT June 4, 1897, FEDERAL LAND POLICY AND MGMT ACT, AS AMENDED October 21, 1976, and 36 CFR Part 251, Subpart B, as amended, and is subject to their provisions. B. AUTHORIZED OFFICER. The authorized officer is the Forest or Grassland Supervisor, a District Ranger, or the Station, Institute, or Area Director with delegated authority pursuant to Forest Service Manual 2700. C. TERM. This permit shall expire at midnight on 12/31/2054. Expiration of this permit shall not require notice, a decision document, or any environmental analysis or other documentation from the date of issuance. D. CONTINUATION OF USE AND OCCUPANCY. This permit is not renewable. Prior to expiration of this permit, the holder may apply for a new permit for the use and occupancy authorized by this permit. Applications for a new permit must be submitted at least 6 months prior to expiration of this permit. Issuance of a new permit is at the sole discretion of the authorized officer. At a minimum, before issuing a new permit, the authorized officer shall ensure that (1) the use and occupancy to be authorized by the new permit is consistent with the standards and guidelines in the applicable land management plan; (2) the type of use and occupancy to be authorized by the new permit is the same as the type of use and occupancy authorized by this permit; and (3) the holder is in compliance with all the terms of this permit. The authorized officer may prescribe new terms 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, directive, the applicable forest land and resource management plan, or projects and activities implementing the land management plan pursuant to 36 CFR Part 218. 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 or occupancy authorized by this permit is 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 and the authorized facilities and improvements 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. ASSIGNABILITY. This permit is not assignable or transferable.
III. TRANSFER OF TITLE TO THE IMPROVEMENTS.
1. Notification of Transfer. The holder shall notify the authorized officer when a transfer of title to all or part of the authorized improvements is planned. 2. Transfer of Title. Any transfer of title to the improvements covered by this permit shall result in termination of the permit. The party who acquires title to the improvements must submit an application for a permit. The Forest Service is not obligated to issue a new permit to the party who acquires title to the improvements. The authorized officer shall determine that the applicant meets requirements under applicable federal regulations.
II. IMPROVEMENTS A. LIMITATIONS ON USE. Nothing in this permit gives or implies permission to build or maintain any structure or facility or to conduct any activity, unless specifically authorized by this permit. Any use not specifically authorized by this permit must be proposed in accordance with 36 CFR 251.54 or 251.61. Approval of such a proposed use through issuance of a new permit or permit amendment is at the sole discretion of the authorized officer. B. DRAWINGS. All drawings for development, layout, construction, reconstruction, or alteration of improvements in the permit area, as well as revisions to those drawings, must be prepared by a professional engineer, architect, landscape architect, or other qualified professional acceptable to the authorized officer. These drawings and drawing revisions must have written approval from the authorized officer before they are implemented. The authorized officer may require the holder to furnish as-built drawings, maps, or surveys upon completion of the work.
C. CONSTRUCTION. Any construction authorized by this permit shall commence by N/A and shall be completed by N/A. III. OPERATIONS. A. PERIOD OF USE. Use or occupancy of the permit area is authorized on a continuous basis. B. CONDITION OF OPERATIONS. The holder shall maintain the authorized 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 permit. Standards are subject to periodic change by the authorized officer when deemed necessary to meet statutory, regulatory, or policy requirements or to protect national forest resources. C. USE OF NATIONAL FOREST SYSTEM ROADS AND NATIONAL FOREST SYSTEM TRAILS. The holder's use of National Forest System roads and National Forest System trails shall comply with applicable requirements in 36 CFR Part 212, Subpart A; 36 CFR Part 261, Subpart A; and orders issued under 36 CFR Part 261, Subpart B. Motor vehicle use shall be consistent with designations made under 36 CFR Part 212, Subpart B, unless specifically provided otherwise in
the operating plan. Over-snow vehicle use shall be consistent with designations made under 36 CFR Part 212, Subpart C, unless specifically provided otherwise in the operating plan.
D. OPERATING PLAN. The holder shall prepare and annually revise as needed an operating plan. The operating plan shall be prepared in consultation with the authorized officer or the authorized officer's designated representative and shall cover all operations authorized by this permit. The operating plan shall outline steps the holder will take to protect public health and safety and the environment and shall include sufficient detail and standards to enable the Forest Service to monitor the holder's operations for compliance with the terms of this permit. The operating plan shall be submitted by the holder and approved in writing by the authorized officer or the authorized officer's designated representative prior to commencement of operations and shall be attached to this permit as an appendix. Any operating plan revisions shall be submitted by the holder and approved in writing by the authorized officer or the authorized officer's designated representative before they are implemented. The authorized officer may require an annual meeting with the holder to discuss the terms of the permit or operating plan, annual use reports, or other concerns either party may have.
E. MONITORING BY THE FOREST SERVICE. The Forest Service shall monitor the holder's operations and reserves the right to inspect the permit area and authorized facilities and improvements at any time for compliance with the terms of this permit. The holder shall comply with inspection requirements deemed appropriate by the authorized officer. The holder's obligations under this permit are not contingent upon any duty of the Forest Service to inspect the permit area or authorized facilities or improvements. A failure by the Forest Service or other governmental officials to inspect is not a justification for noncompliance with any of the terms of this permit. F. CUTTING, DISPOSAL, AND PLANTING OF VEGETATION. This permit does not authorize the cutting of trees, brush, shrubs, and other plants ("vegetation"). Vegetation may be cut, destroyed, or trimmed only after the authorized officer or the authorized officer's designated representative has approved in writing and marked or otherwise identified what may be cut, destroyed, or trimmed. The holder shall notify the authorized officer when approved cutting, destruction, or trimming of vegetation has been completed. The Forest Service shall determine in advance of felling the method of disposal of trees felled in the permit area that meet utilization standards. Disposal may be by sale or without charge per 36 CFR Part 223, as may be most advantageous to the United States. Debris from felling that does not meet utilization standards shall also be disposed of according to methods determined by the Forest Service. Planting of vegetation in the permit area must have prior written approval from the authorized officer. IV. 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 solely under the procedures set forth in 36 CFR 214 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. VALID EXISTING RIGHTS. This permit is subject to all valid existing rights. Valid existing 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. NO WARRANTY OF ACCESS, SITE SUITABILITY, OR SERVICES. This permit authorizes the use and occupancy of National Forest System lands by the holder for the purposes identified in this permit. The Forest Service does not make any express or implied warranty of access to the permit area, of the suitability of the permit area for the authorized uses, or for the furnishing of road or trail maintenance, water, fire protection services, search and rescue services, or any other services by a government agency, utility, association, or individual.
E. RISK OF LOSS. The holder assumes all risk of loss to the authorized improvements and all risk of loss of use and occupancy of the permit area, in whole or in part, due to public health and safety or environmental hazards. Loss to the authorized improvements and of use and occupancy of the permit area may result from but is not limited to theft, vandalism, fire and any fire-fighting activities (including prescribed burns), environmental contamination, avalanches, rising waters, winds, falling limbs or trees, and other forces of nature. If any authorized improvements 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. If rebuilding is not allowed, this permit shall terminate. If the authorized officer determines that the permit area cannot be safely occupied due to a public health or safety or environmental hazard, this permit shall terminate. Termination under this clause shall not give rise to any claim
for damages, including lost profits and the value of the improvements, by the holder against the Forest Service. 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 that are associated with the use and occupancy authorized by this permit. Damage includes but is not limited to destruction of or damage to National Forest System lands, fire suppression costs, and destruction of or damage to federally owned improvements. 1. The holder shall be liable for all injury, loss, or damage, including fire suppression costs, prevention and control of the spread of invasive species, and the costs of rehabilitation or restoration of natural resources, resulting from the holder's use and occupancy of the permit area. 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. Such costs may be deducted from a performance bond required under clause IV.J. 2. The holder shall be liable for damage to all roads and trails of the United States caused by use of the holder or the holder's heirs, assignees, agents, employees, or contractors to the same extent as provided under clause IV.F.1, except that liability shall not include reasonable and ordinary wear and tear. G. HEALTH AND SAFETY. The holder shall take all measures necessary to protect 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 in connection with the authorized use and occupancy during the term of this permit that causes or threatens to cause a hazard to the health or safety of the public or the holder's employees, agents, or contractors. The holder shall as soon as practicable notify the authorized officer of all serious accidents that occur in connection with these procedures, activities, events, or conditions. The Forest Service has no duty under the terms of this permit to inspect the permit area or operations of the holder for hazardous conditions or compliance with health and safety standards. H. ENVIRONMENTAL PROTECTION. 1. 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 Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA), as amended, 42 U.S.C. 9601 et seq., the Resource Conservation and Recovery Act, as amended, 42 U.S.C. 6901 et seq., the Federal Water Pollution Control Act, as amended, 33 U.S.C. 1251 et seq., 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 Toxic Substances Control Act, as amended, 15 U.S.C. 2601 et seq., the Federal Insecticide, Fungicide, and Rodenticide Act, as amended, 7 U.S.C. 136 et seq., and the Safe Drinking Water Act, as amended, 42 U.S.C. 300f et seq. 2. Definition of Hazardous Material. For purposes of clause IV.H and section V, "hazardous material" shall mean (a) any
hazardous substance under section 101(14) of CERCLA, 42 U.S.C. 9601(14); (b) any pollutant or contaminant under section 101(33) of CERCLA, 42 U.S.C. 9601(33); (c) any petroleum product or its derivative, including fuel oil, and waste oils; and (d) any hazardous substance, extremely hazardous substance, toxic substance, hazardous waste, ignitable, reactive or corrosive materials, pollutant, contaminant, element, compound, mixture, solution or substance that may pose a present or potential hazard to human health or the environment under any applicable environmental laws. 3. Oil Discharges and Release of Hazardous Materials. The holder shall immediately notify all appropriate response authorities, including the National Response Center and the authorized officer or the authorized officer's designated representative, of any oil discharge or of the release of a hazardous material in the permit area in an amount greater than or equal to its reportable quantity, in accordance with 33 CFR Part 153 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 or the authorized officer's designated representative of any release or threatened release of any hazardous material in or near the permit area which may be harmful to public health or welfare or which may adversely affect natural resources on federal lands. 4. Remediation of Release of Hazardous Materials. The holder shall remediate any release, threat of release, or discharge of hazardous materials that occurs in connection with the holder's activities in the permit area, including activities conducted by the holder's agents, employees, or contractors and regardless of whether those activities are authorized under this permit. The holder shall perform remediation in accordance with applicable law immediately upon discovery of the release, threat of release, or discharge of hazardous materials. The holder shall perform the 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 in compliance with all applicable laws and regulations and free and clear of contamination.
I. INDEMNIFICATION OF THE UNITED STATES. The holder shall indemnify, defend, and hold harmless the United States 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 or occupancy authorized by this permit. This indemnification provision includes but is not limited to acts and omissions of the holder or the holder's heirs, assigns, agents, employees, or contractors in connection with the use or 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; (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 materials, 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 combination with or as an alternative to monetary indemnification. J. BONDING. The authorized officer may require the holder to furnish a surety bond or other security for any of the obligations imposed by the terms of this permit or any applicable law, regulation, or order.
K. STRICT LIABILITY. The holder shall be strictly liable (liable without proof of negligence) to the United States up to the limit specified in 36 CFR 251.56(d)(2), as amended, per occurrence for any injury, loss, or damage arising in tort under this permit. Liability in tort for injury, loss, or damage to the United States exceeding the prescribed amount of strict liability in tort shall be determined under the law of negligence.
V. RESOURCE PROTECTION A. WATER POLLUTION. No waste or by-product shall be discharged into water in connection with the use and occupancy authorized by this permit except in full compliance with all applicable federal, state, and local environmental and other laws. Storage facilities for materials capable of causing water pollution, if accidentally discharged, shall be located so as to prevent any spillage into waters or channels leading into water except in full compliance with all applicable federal, state, and local environmental and other laws. B. SCENIC VALUES. The holder shall protect the scenic values of the permit area and the adjacent land to the greatest extent possible during construction, operation, and maintenance of the authorized improvements. C. 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. D. PESTICIDE USE. 1. Authorized Officer Concurrence. Pesticides may not be used outside of buildings in the permit area to control pests, including undesirable woody and herbaceous vegetation (including aquatic plants), insects, birds, rodents, or fish without prior written concurrence of the authorized officer. Only those products registered or otherwise authorized by the U.S. Environmental Protection Agency and appropriate State authority for the specific purpose planned shall be authorized for
use within areas on National Forest System lands. 2. Pesticide-Use Proposal. Requests for concurrence of any planned uses of pesticides shall be provided in advance using the Pesticide-Use Proposal (form FS-2100-2). Annually the holder shall, on the due date established by the authorized officer, submit requests for any new, or continued, pesticide usage. The Pesticide-Use Proposal shall cover a 12-month period of planned use. The Pesticide-Use Proposal shall be submitted at least 60 days in advance of pesticide application. 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 require control measures which were not anticipated at the time a Pesticide-Use Proposal was submitted. 3. Safety Plan. Before applying pesticides in the permit area, the holder shall submit to the authorized officer a safety plan that includes, at a minimum, a precise statement of the treatment objectives; a description of the equipment, materials, and supplies to be used, including pesticide formulation, quantities, and application methods; a description of the lines of responsibility for project planning, project monitoring, and after-action review; a description of any necessary interagency coordination; a copy of the current Pesticide-Use Proposal for the permit; a description of the process by which treatment effectiveness will be determined; and a spill plan, communications plan, security plan, and when required by applicable local requirements, a provision for prior notification to sensitive individuals.
4. Reporting. By September 30th annually, the holder shall submit to the authorized officer a written report of each pesticide application project completed during the previous 12-month period. The report shall contain information pertaining to the pesticide application projects as requested by the authorized officer. 5. Labeling, Laws, and Regulations. Label instructions and all applicable laws and regulations shall be strictly followed in the application of pesticides and disposal of excess materials and containers. No pesticide waste, excess materials, or containers shall be disposed of in any area administered by the Forest Service. E. ARCHAEOLOGICAL AND PALEONTOLOGICAL DISCOVERIES. The holder shall immediately notify the authorized officer of all antiquities or other objects of historic or scientific interest, including but not limited to historic or prehistoric ruins, fossils, or artifacts discovered in connection with the use and occupancy authorized by this permit. The holder shall leave these discoveries intact and in place until otherwise directed by the authorized officer. F. NATIVE AMERICAN GRAVES PROTECTION AND REPATRIATION ACT (NAGPRA). In accordance with 25 U.S.C. 3002(d) and 43 CFR 10.4, if the holder inadvertently discovers human remains, funerary objects, sacred objects, or objects of cultural patrimony on National Forest System lands, the holder shall immediately cease work in the area of the discovery and shall leave the discoveries intact and in place. The holder shall follow the applicable NAGPRA protocols for the undertaking provided in the NAGPRA plan of action or the NAGPRA comprehensive agreement; if there are no such agreed-upon protocols, the holder shall as soon as practicable notify the authorized officer of the discovery and shall follow up with written confirmation of the discovery. The activity that resulted in the inadvertent discovery may not resume until 30 days after the authorized officer certifies receipt of the written confirmation, if resumption of the activity is otherwise lawful, or at any time if a NAGPRA plan of action has been executed by the Forest Service following tribal consultation and any preconditions have been met. G. PROTECTION OF THREATENED AND ENDANGERED SPECIES, SENSITIVE SPECIES, AND SPECIES OF CONSERVATION CONCERN AND THEIR HABITAT. 1. Threatened and Endangered Species and Their Habitat. The location of sites within the permit area needing special measures for protection of plants or animals listed as threatened or endangered under the Endangered Species Act (ESA) of 1973, 16 U.S.C. 1531 et seq., as amended, or within designated critical habitat shall be shown on a map in an appendix to this permit and may be shown on the ground. The holder shall take any protective and mitigation measures specified by the authorized officer as necessary and appropriate to avoid or reduce effects on listed species or designated critical habitat affected by the authorized use and occupancy. Discovery by the holder or the Forest Service of other sites within the permit area containing threatened or endangered species or designated critical habitat not shown on the map in the appendix shall be promptly reported to the other party and shall be added to the map. 2. Sensitive Species and Species of Conservation Concern and Their Habitat. The location of sites within the permit area needing special measures for protection of plants or animals designated by the Regional Forester as sensitive species or as species of conservation concern pursuant to FSM 2670 shall be shown on a map in an appendix to this permit and may be shown on the ground. The holder shall take any protective and mitigation measures specified by the authorized officer
as necessary and appropriate to avoid or reduce effects on sensitive species or species of conservation concern or their habitat affected by the authorized use and occupancy. Discovery by the holder or the Forest Service of other sites within the permit area containing sensitive species or species of conservation concern or their habitat not shown on the map in the appendix shall be promptly reported to the other party and shall be added to the map.
H. CONSENT TO STORE HAZARDOUS MATERIALS. The 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 or release prevention and control plan. Such terms shall be proposed by the holder and are subject to approval by the authorized officer.
VI. LAND USE FEE AND DEBT COLLECTION
A. LAND USE FEES. The holder shall pay in advance an annual land use fee of $461.35. The annual land use fee shall be adjusted annually using the applicable indexing factor.
B. MODIFICATION OF THE LAND USE FEE. The land use fee may be revised whenever necessary to reflect the market value of the authorized use or occupancy or when the fee system used to calculate the land use fee is modified or replaced.
C. LAND USE FEE PAYMENTS. 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 Land Use Fees. Land use fees are due and payable by the due date. Disputed land use fees, other than land use fees recalculated pursuant to an audit, must be paid in full. Adjustments will be made if dictated by an administrative appeal decision, a court decision, or settlement terms. 3. Late Payments (a) Interest. Pursuant to 31 U.S.C. 3717 et seq., interest shall be charged on any land use 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 United States 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 land use fee 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 if the holder fails to pay any land use fee, interest, or any other charges within 90 calendar days of the due date. The holder shall remain responsible for the delinquent charges. 4. Administrative Offset and Credit Reporting. Delinquent land use fees and other charges associated with this 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 90 days, referral to the United States 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 seq. (d) Disclosure to consumer or commercial credit reporting agencies.
VII. REVOCATION, SUSPENSION, AND TERMINATION
A. REVOCATION AND SUSPENSION.
1. The authorized officer may revoke or suspend this permit in whole or in part: (a) For noncompliance with federal, state, or local law; (b) For noncompliance with the terms of this permit; (c) For abandonment or other failure of the holder to exercise the privileges granted; or (d) At the discretion of the authorized officer, for specific and compelling reasons in the public interest. 2. The authorized officer may revoke this permit at the request of the holder. Revocation at the request of the holder must be agreed to in writing by the authorized officer. As a condition of revocation of this permit at the request of the holder, the authorized officer has discretion to impose any terms deemed appropriate as provided for in this permit. 3. Prior to revocation or suspension, other than revocation at the request of the holder under clause VII.A.2 and immediate suspension under clause VII.B, the authorized officer shall give the holder written notice of the grounds for revocation or suspension and a reasonable period, typically not to exceed 90 days, to cure any noncompliance.
B. 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 shall be in writing. The holder may request an on-site review with the authorized officer's supervisor of the adverse conditions prompting the suspension. The authorized officer's supervisor shall grant this request within 48 hours. Following the on-site review, the authorized officer's superior shall promptly affirm, modify, or cancel the suspension.
C. APPEALS AND REMEDIES. Written decisions by the authorized officer relating to administration of this permit are subject to administrative appeal pursuant to 36 CFR Part 214, as amended. Revocation or suspension of this permit shall not give rise to any claim for damages by the holder against the Forest Service. D. 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, in the case of a permit issued to a business entity, termination upon change of control of the business entity. Termination of this permit shall not require notice, a decision document, or any environmental analysis or other documentation. 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.
E. RIGHTS AND RESPONSIBILITIES UPON REVOCATION OR TERMINATION WITHOUT ISSUANCE OF A NEW PERMIT. Upon revocation or termination of this permit without issuance of a new permit, the holder shall remove all structures and improvements, except those owned by the United States, within a reasonable period prescribed by the authorized officer and shall restore the site to the satisfaction of the authorized officer. If the holder fails to remove all structures and 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.
F. CONTINUATION OF OBLIGATIONS AND LIABILITIES BEYOND TERMINATION OR REVOCATION. Notwithstanding the termination or revocation of this permit, its terms shall remain in effect and shall be binding on the holder and the holder's personal representative, successors, and assignees until all the holder's obligations and liabilities accruing before or as a result of termination or revocation of this permit have been satisfied.
VIII. MISCELLANEOUS 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 to the extent the authorized use provides a general benefit to a corporation. B. CURRENT ADDRESSES. The holder and the Forest Service shall keep each other informed of current mailing addresses, including those necessary for billing and payment of land use fees. C. SUPERSEDED AUTHORIZATION. This permit supersedes a special use authorization designated N/A. D. SUPERIOR CLAUSES. If there is a conflict between any of the preceding printed clauses and any of the following clauses, the preceding printed clauses shall control.
E. Grizzly Bear Protection (R1-X10). This special-use authorization includes land which is part of the habitat of the grizzly bear. Therefore, in compliance with Forest Service responsibilities under the Endangered Species Act of 1973, 16 U.S.C. 1531, the following conditions apply to this special-use authorization:
1. The authorized officer may order an immediate temporary suspension of all human activities permitted by this authorization and, if needed, suspend or revoke the special-use authorization when, in his/her judgment, such action is necessary in order to prevent confrontation or conflict between humans and grizzly bears. The holder shall immediately comply with such order. The United States shall not be liable for any consequences from such a suspension or revocation. Such suspension or revocation may be appealed to the next higher level as provided in 1. 36 C.F.R. §261.58(cc). 2. The holder, his/her agents, employees, contractors and subcontractors will comply with the requirements of the attached Grizzly Bear Management and Protection Plan Custer Gallatin National Forest Food Storage Order (Occupancy and Use Order (Occupancy and Use Order #01-11-00-23-02), dated 03/01/2023 in the conduct of any and all activities authorized. The authorized officer may review and revise the plan as needed. 3. The holder assumes full responsibility and shall hold the United States harmless from any and all claims by him/her or
by third parties for any damages to life or property arising from the activities authorized by this special-use authorization and encounters with grizzly bears, or from suspension, revocation, or termination of activities authorized by this special-use authorization. 4. Intentional or negligent acts by the holder, his/her agents, employees, contractors and subcontractors that result in injury or death of a grizzly bear will be cause for suspension or revocation of this authorization in whole or in part. 5. Failure to comply with provisions 1, 2 or 3 may result in suspension or revocation of this authorization in whole or in part, and may cause criminal action to be taken against the holder under provisions of the Endangered Species Act of 1973, as amended, or other applicable authority.
F. Forest Service Representative (R1-X16). The District Ranger, Bozeman Ranger District, Telephone No. 406-522-2520, 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.
G. 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, or 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 knowingly 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).
H. Insurance, Commercial General Liability (B-10) .
INSURANCE. The holder shall furnish proof of insurance, such 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 the insurance policy and require any changes needed to ensure adequate coverage of the United States in connection with the authorized use and occupancy. 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 include the United States as an additional insured in an endorsement to the policy, and the additional insured provision shall provide for insurance coverage for the United States as required under this clause and to the extent of the full limits of insurance available to the holder. The holder shall give 30 days prior written notice to the authorized officer of cancellation of the insurance policy. The certificate of insurance, the authenticated copy of the insurance policy, and written notice of cancellation or modification of insurance policies should be sent to mailing address of administering office mailing address of administering office mailing address of administering office. 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. 1. The holder shall have in force liability insurance covering losses associated with the use or occupancy authorized by this permit arising from personal injury or death and third-party property damage in the minimum amount of $1,500,000 as a combined single limit per occurrence. 2. 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 case by case by the authorized officer based on the degree of environmental risk from the holder's operations. The storage and use of normal maintenance supplies in nominal amounts generally would not trigger financial assurance requirements.
I. STRICT LIABILITY (B-11). The holder shall be strictly liable (liable without proof of negligence) to the United States up to the limit specified in 36 CFR 251.56(d)(2), as amended, per occurrence for any injury, loss, or damage arising in tort under this permit. Liability in tort for injury, loss, or damage to the United States exceeding the prescribed amount of strict liability in tort shall be determined under the law of negligence. J. Dam Safety When State Regulations Do Not Apply (B-37).
DAM SAFETY.
1. Definitions. The following definitions apply to this clause: Canal. A linear water conveyance structure of varying capacity that is usually lined and that is constructed to specified Engineering standards. Dam. Any artificial barrier, including appurtenant works, that impounds or diverts water, either temporarily or long term, but not including a facility that is 6 feet or less in height or that impounds no more than 15 acre feet of water, unless the facility poses a significant hazard to occupied facilities, structures, recreation areas, or travel routes downstream. Dam Failure. The catastrophic breakdown or breach of a dam characterized by the sudden, rapid, and uncontrolled release of water. Emergency Action Plan. A document that identifies potential emergency conditions at a dam and specifies preplanned actions to be followed to minimize property damage and loss of life should a dam failure occur, including:
(a) Actions the owner of the dam must take to moderate or alleviate problems at the dam; (b) Procedures and information regarding issuance of early warning and notification of an emergency to responsible emergency management authorities; and (c) Inundation maps displaying critical areas for action by responsible emergency management authorities in case of an emergency (see FEMA Publication 64).
2. Hazard Assessment Classification. A system that categorizes dams according to the severity of consequences resulting from their failure or mis operation and that in no way reflects on their current condition (for example, their safety, structural integrity, or flood routing capacity).
(a) Low. A classification that includes dams whose failure, malfunction, or misoperation would result in no loss of human life and minor damages limited to undeveloped or agricultural lands and for which significant improvements are not planned in the foreseeable future. (b) Significant. A classification that includes dams whose failure, malfunction, or misoperation would result in no probable loss of human life but could cause economic loss, disruption of lifeline facilities, or other significant impacts and dams whose failure would result in non-recoverable damage. (c) High. A classification that includes dams whose failure, malfunction, or misoperation would likely result in loss of human life.
2. Construction, Inspection, Certification, and Project Files. The holder shall ensure that any construction, rehabilitation, or modification of the authorized dam shall be inspected by a qualified Engineer. At a minimum, the qualified Engineer shall maintain a daily inspection diary, descriptions of design changes, and records of construction material and foundation tests for any construction, rehabilitation, or modification of the dam. Upon completion of the construction, rehabilitation, modification, the holder shall provide to the authorized officer written certification from the qualified Engineer that the work
was performed in accordance with the approved plans and specifications. No water shall be impounded without prior written approval from the authorized officer. The holder shall maintain in a project file for the term of this permit all design notes, as-built drawings, and documentation produced by the qualified Engineer and shall make the project file available to the Forest Service, other inspection personnel, and other federal agencies authorized to review Forest Service activities. 3. Operating Plan. This clause supplements the standard operating plan clause in this permit. The operating plan for a new dam shall be prepared during the design phase. At a minimum, the operating plan shall specify required operating procedures; routine maintenance; record-keeping for operation and maintenance; and those responsible for implementing the operating plan. When an operation and maintenance inspection of the dam is conducted, the operating plan shall be reviewed and amended as needed by those responsible for implementing the operating plan and the qualified Engineer performing the inspection.
4. Inspection and Maintenance. The holder shall have Operation and Maintenance (O&M) inspections of the dam and appurtenant structures conducted in accordance with the following table.
DAM INSPECTION
Hazard Assessment Classification Inspection Type Inspection Frequency Level of Expertise Required
LOW O&M 10 years Qualified Engineer
Hazard Assessment 10 years* Qualified Engineer
Special ** Qualified Engineer
SIGNIFICANT O&M 5 years Qualified Engineer
Hazard Assessment 5 years* Qualified Engineer
Special ** Qualified Engineer
HIGH O&M 1 year Qualified Engineer
Safety 5 year Qualified Engineer
Special ** Qualified Engineer
* Perform hazard assessments more frequently if increased downstream development is observed. ** A special inspection must be performed by a qualified Engineer. *** A qualified Engineer must review and approve in writing the annual O&M inspection reports for dams with a high hazard assessment classification. At a minimum, the annual on-site inspection must be completed by someone familiar
with the operation of the dam.
O&M inspections shall be reviewed by a qualified Engineer. Special inspections shall be performed by a qualified Engineer immediately after any dam has experienced an unusual event, such as a large flood, a first filling, an earthquake, or an act of terrorism. All O&M inspections shall be documented in a report. Two copies of each inspection report shall be provided to the authorized officer within 30 days of the date of inspection. Repairs or operational changes recommended by the inspecting or reviewing Engineer shall be made by the holder within 1 year from the date of inspection, unless a longer period is approved by the authorized officer in writing, or a shorter period is deemed required by the authorized officer for reasons of public safety. Upon request by the authorized officer, the holder shall provide a plan outlining the methods and schedule for performing the repairs or operational changes and shall notify the authorized officer when they are completed. The authorized officer shall specify a completion date for the corrective work. 5. Forest Service Inspection. The holder shall allow inspection of the authorized dam and appurtenant structures at any time by the authorized officer or their representative. A copy of inspection reports prepared by the Forest Service shall be provided to the holder. Inspections performed by the Forest Service do not relieve the holder from any liability for the dam or of the responsibility of ensuring that inspections are conducted in accordance with paragraph 6 of this clause. Failure of the Forest Service to inspect shall not constitute a violation of any duty of the United States or a defense to noncompliance with any terms of this permit and shall not relieve the holder of any liability for damages in the event of a dam failure. 6. Safety Evaluations. Beginning in 2025 and every 5 years thereafter, the holder shall have a dam safety evaluation performed by a professional Engineer certified in the state in which the authorized dam is located to verify the safety and integrity of the dam and appurtenant structures. At a minimum, the dam safety evaluation shall include a detailed field inspection of the dam and appurtenant structures and a review of all pertinent documents, such as investigation, design, construction, instrumentation, operation, maintenance, and inspection records. The dam safety evaluation shall be based on current accepted design criteria and practices. The holder shall provide 2 copies of the dam safety evaluation report, stamped with the professional Engineer's seal, to the authorized officer and Regional Engineer. Based on this report, the authorized officer may require the holder to perform additional evaluations pursuant to standards deemed appropriate by the authorized officer and may require rehabilitation or modification of the dam, as necessary or appropriate, within a reasonable period.
7. Forest Service's Right to Abate Emergencies. When the authorized officer determines that there is a danger of a failure
In accordance with Federal civil rights law and U.S. Department of Agriculture (USDA) civil rights regulations and policies, the USDA, its Agencies, offices, and employees, and institutions participating in or administering USDA programs are prohibited from discriminating based on race, color, national origin, religion, sex, disability, age, marital status, family/parental status, income derived from a public assistance program, political beliefs, or reprisal or retaliation for prior civil rights activity, in any program or activity conducted or funded by USDA (not all bases apply to all programs). Remedies and complaint filing deadlines vary by program or incident. Persons with disabilities who require alternative means of communication for program information (e.g., Braille, large print, audiotape, American Sign Language, etc.) should contact the State or local Agency or contact USDA through the Telecommunications Relay Service at 711(voice and TTY). Additionally, program information may be made available in languages other than English. To file a program discrimination complaint, complete the USDA Program Discrimination Complaint Form, AD-3027, found online at How to File a Program Discrimination and at any USDA office or write a letter addressed to USDA and provide in the letter all of the information requested in the form. To request a copy of the complaint form, call (866) 632-9992. Submit your completed form or letter to USDA by: (1) mail: U.S. Department of Agriculture, Office of the Assistant Secretary for Civil Rights, 1400 Independence Avenue, SW, Mail Stop 9410, Washington, D.C. 20250-9410; (2) fax: (202) 690-7442; or (3) email: program.intake@usda.gov. USDA is an equal opportunity provider, employer, and lender.
APPENDIX A
City of Bozeman
Water Transmission System Special Use Permit
Maps and Drawings
L 14
Sec 14
3S 5E
NENW
Sec 23
3S 5E
L 8
Sec 14
3S 5E
L 6
Sec 14
3S 5E
NWNE
Sec 23
3S 5E
L 9
Sec 14
3S 5E
L 13
Sec 14
3S 5E
Maxar, Microsoft´0 200 400100Feet
City of Bozeman
Hyalite Intake Facility
Special Use Permit Coverage Area
4.35 Acres
USFS Property
Hyalite Intake SUPBoundary
PLSS Lines
WATE R SU P P L Y SYSTEM I M P R 0 V E M EN TS
FOR
BOZEMAN , MON TANA
AS BUILT
CONSTRUCTION PLANS - - PHASE II
APPROVED BY
CITY OF BOZEMAN
HYALITE CREEK Mayor
DAM INDEX OF DRAWINGSo6e
SCHEDULE N City Manager
I HYALITE CREEK DAM PLAN a DETAILS
N 2 HYALITE CREEK DAM DETAILSN
3 PRIES. BASIN SUPPLY LINE PLAN 81 PROFILEHyalReo
Ranger
4 PRIES. BASIN SUPPLY LINE PLAN 8i PROFILE
Station
RESERVOIR
SUPPLY LINE 5 PRIES. BASIN SUPPLY LINE PLAN 8 PROFILEPRESEDIMENTATIONSCHEDULESCL—ts I US HW} "io 6 PRESEDIMENTATION BASIN SITE PLANBASINSUPPLYLINE
7 PRESEDIMENTATION BASIN DETAILSSCHEDULE _
1 = 8 PRESEDIMENTATION BASIN DETAILS
9 PRESEDIMENTATION BASIN DETAILS
CITY SUPPLY 10 PRESEDIMENTATION BASIN DETAILSUNEPREPAREDBY
PRESEDIMENTATION BASIN SCHEDULE M i Q
I I RESERVOIR SUPPLY LINE PLAN 8; PROFILE
SCHEDULE III
MORRISON MAIERLE, INC. 12 RESERVOIR SUPPLY LINE PLAN & PROFILE
CONSULTING ENGINEERS 13 CITY SUPPLY LINE PLAN 8; PROFILE
HELENA, MONTANA 14 CITY SUPPLY LINE PLAN 8, PROFILE
PROJECT MAP
PROJECT SET
NUMBER NUMBER
417-38
APPROVED BY
Appendix A - Record Drawings
I
I I
F
i
I
1
1
1 REVISION CESCRIMON Sr DATE
WATER SUPPLY SYSTEM
4 PHASEBOZEMAN , IIMONTANA
MART NO.HYALITE GREEK DAM 417-3 8
SITE PLAN & DETAILS
JOMmomsoM.a A. MORRISON•MAIERIE.INC. ,HAtO1°•A•uy----. f_..... TWCT...MD IE. f
lOSIMI:.MAIEtY
CONSYlTIM4 iNO1NREt5 ROOMET N.EREATOt 1
r, r. C.t. O.T.N. {ANIT.li.N4.ltl
CITY OF BOZEMAN INTAKE DAM AND CONCRETE SPILLWAYCONSTRUCTED 1957 ARE EXISTING FEATURES
Appendix A - Record Drawings
Appendix A - Record Drawings
Appendix A - Record Drawings
Appendix A - Record Drawings
Appendix A - Record Drawings
USFS
USFS
USFS
PRIVATE
PRIVATE
Appendix A - Record Drawings
Appendix A - Record Drawings
Appendix A - Record Drawings
Appendix A - Record Drawings
Appendix A - Record Drawings
Appendix A - Record Drawings
Appendix A - Record Drawings
Appendix A - Record Drawings
Appendix A - Record Drawings
Appendix A - Record Drawings
Appendix A - Record Drawings
Appendix A - Record Drawings
Appendix A - Record Drawings
Appendix A - Record Drawings
Appendix A - Record Drawings
Appendix A - Record Drawings
Appendix A - Record Drawings
Appendix A - Record Drawings
Appendix A - Record Drawings
Appendix A - Record Drawings
Appendix A - Record Drawings
Appendix A - Record Drawings
Appendix A - Record Drawings
20' CONSTRUCTION EASEMENT
EXISTING PIPELINE EASEMENT 30' CENTERED ABOUT EXISTING PIPE
INSTALL 11 .25· BEND INSTALL LOCATION DELINEATOR
INSTALL BLOWOFF VALVE TO LEFT, SEE DETAIL LU
W-17
EXST. BLOWOFF
STA 16+00 INSTALL LOW PERMEABILITY BACKFILL PLUG PER MPWSS STD. DWG. NO. 02222-1
REMOVE FENCE REINSTALL/REPLACE WHERE NECESSARY
REMOVE/REPLACE LARGE ROCKS
STA. 21+22:t INSTALL 11.75. BEND A.B,
STA. 21+10 ANODE SPLICE A.B.
J-IYALJTE
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-
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-
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ASPHALT Y
26' WIDE (A.B.) '--�,S
INSTALL LOW PERMEABILITY BACKFILL PLUG PER MPWSS STD. DWG. NO. 02222 1
REMOVE FENCE REINSTALL/REPLACE AT CROSSINGS & WHERE NECESSARY
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INSTALL 45· & 22.s· BENDSINSTALL LOCATIONDELINEATOR
INSTALL SHUTOFF VALVE INSTALL LOCATION DELINEATOR
REMOVE FENCE REINSTALL/REPLACE AT CROSSINGS &: WHERE NECESSARY
PROPOSED WATER MAIN
RECONSTRUCT DITCH SECTION SEE DETAIL Lb
W-18
INSTALL COMBINATION AIR RELIEF VALVESTANDARD LOCATION LEFT, SEE DETAIL Lb
W-17
RECORD DRAWING NOTE: AERIAL PHOTO IS SHOWN FOR GENERAL VISUAL REFERENCE ..
SOME DISTORTION IS ALWAYS PRESENT W/ AERIAL PHOTOS.
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GRADE PIPE AS SHOWN TO ACHIEVE HIGH/LOW SPOTS
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STA. 1[7+33 INST AL BLOWOFF AL VE
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STATION 15+00 TO STATION 18+50 INSTALL 350 LF OF 30" CLASS 150 0.1.; AWWA C151
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STA. 18+18 INSTALL ,1.25· (16.9')8ENO
I PERME ABILITY BACKFILL PLUG
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STATION 18+50 TO STATION 29+50 -----,----------------------INSTALL 1100 LF OF 24" CLASS 200 0.1.; AWWA Cl 51
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INSTALL 11 .25" BEND INSTALL LOCATION OR.---� -----'\. _......o--�--"�
---
DISPOSE OF FENCE WITHIN EASEMENT
a
SCALE
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VERT: 1"
11 x 17 HORIZ: 1"
11x17 VERT: 1"
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PROJECT NO.
0417.040
SHEET NUMBER
25
DRAWING NUMBER
W-2
....
� "
�
Appendix A - Record Drawings
APPENDIX B
City of Bozeman
Water Transmission System Special Use Permit
Operation and Maintenance Plan
INTRODUCTION
This Operation and Maintenance Plan is attached to and made part of the Special Use Permit issued to
the holder allowing the operation and maintenance of a municipal water diversion and water transmission
system authorized on National Forest System (NFS) lands on the Bozeman Ranger District, Custer
Gallatin National Forest (see maps, Appendix A).
OPERATION & MAINTENANCE
In addition to following the specific terms of the permit, the following operation and maintenance activities
are conducted by the holder.
• Manual removal of accumulated woody debris at course intake grates;
• Automated adjustment and/or manual operation of intake headgates;
• Automated and/or manual air sparging and backwash of intake fine T-screens;
• Periodic intake pond sediment flushing through 48” primary bypass line during spring runoff high
flow periods;
• Periodic bypass of Hyalite Creek through 48” primary bypass line to inspect concrete spillway
and remove accumulated large woody debris from spillway apron;
• Periodic inspection and debris removal of steel fish ladder;
• Occasional dredging of accumulated sediment from intake pond subject to approved stream
permit authorizations issued for specific dredging operations;
• Occasional clearing and grubbing, pre-commercial thinning, fuel reduction, hazard tree removal,
and down tree clearing along raw water transmission pipeline alignments subject to USFS
approval;
• Annual weed treatment and brush and sapling growth removal from earthen embankment dam
section; and
• As-needed access road snow plowing to facilitate vehicular access to intake building.
The following are general requirements for facility operations and maintenance required by the District
Ranger:
• The holder shall comply with all Federal, State, and local laws and regulations that apply to water rights.
• Authorization from the District Ranger is required prior to using any equipment for soil disturbance or for maintenance purposes.
• Authorization from the District Ranger is required prior to any and all reconstruction.
• The holder shall annually monitor and treat the authorized facility area for noxious weeds (reference Appendix C—Noxious Weed Management Plan).
• All equipment used off road must be thoroughly washed and inspected by FS personnel prior to use on NFS lands to prevent weed spread (reference Appendix C).
• The holder shall re-establish vegetation on bare ground as necessary to minimize establishment of weeds, a weed seed-free native seed mix shall be used to facilitate re-vegetation as approved by the Forest Service (reference Appendix C).
• The holder shall adhere to food storage guidelines as appropriate (reference Appendix D—Custer Gallatin National Forest Food Storage Order).
• No open fires (including campfires, debris burning, etc.) associated with this authorization will be permitted on National Forest lands.
Additionally, the Holder shall be required to contact the authorized officer as soon as practicable after the following incidents that occur on NFS lands within the authorized area: a. Any incident resulting in death, permanent disability, or personal injuries that are life-threatening or that are likely to cause permanent disability; b. Any failure of a structural or mechanical component; c. A search and rescue operation to locate a person; or d. Any incident that had or has high potential for serious personal injury, significant property damage, or significant environmental or other natural resource damage, including but not limited to avalanches, landslides, flooding, fire, structural failures or release of hazardous substances. The authorized officer (or Disrict Ranger) shall be notified immediately following said incident. When notifying the authorized officer of an incident, the Holder shall be required to specify when, where, and how it occurred, and who was present or affected by the event.
APPENDIX C
City of Bozeman
Water Transmission System Special Use Permit
Noxious Weed Management Plan
INTRODUCTION
This Noxious Weed Management Plan is made a part of the Special Use Permit issued to the Holder to
operate and maintain a water transmission system on National Forest System (NFS) lands on the
Bozeman Ranger District, Custer Gallatin National Forest.
The intent of this plan is to provide preventive and corrective measures for the control of noxious weed
infestations caused as a result of the construction, operation and maintenance of the facility on NFS
lands.
RESPONSIBILITY
The Holder shall be responsible for the prevention of noxious weeds in the area authorized by the permit,
and control of any noxious weeds which have been determined to have been established or spread by
the Holder’s authorized activities. The Holder shall provide preventive measures and annual control as
described herein.
RECOGNIZED NOXIOUS WEEDS
Weed species to be controlled include those on the Montana Noxious Weed List plus additional plants
identified by the Forest Service. Table 1 contains the current list of species. The Forest Service may
revise this list as new species of concern are identified.
INSPECTIONS
The Holder shall conduct inspections of the permit area a minimum of once per year for the life of the
permit. These inspections are to identify specific infestations for treatment as well as monitor the
effectiveness of control measures to date. The Holder will provide copies of weed maps depicting the
perimeter of weed infestations by species to the Forest Service at least every five (5) years. Weed
species shall be noted on the maps.
PREVENTION
Generally, no off-road/motorized equipment use is authorized with regard to this authorization. However;
if use of such equipment is pre-approved on NFS lands (for maintenance or emergency repair, for
example), all equipment shall be washed to remove all mud and material that may carry noxious weed
seeds. Each piece of equipment shall be inspected by a Forest Service Representative prior to
conducting authorized off-road operations on NFS lands.
Areas of bare and/or disturbed soil caused by the Holder’s use will be revegetated or seeded promptly
with certified native weed free seed. Seed mixture specifications will be provided by the Forest Service
upon request.
TREATMENT and CONTROL
If needed, control treatments will occur at least once per year or more often as needed to control weed
infestations as agreed to by the Forest Service. The most effective treatment occurs when weeds are
young and actively growing. Consequently, weed treatments should occur before July 15th. All weeds will
be treated prior to seed formation or August 1st (at the very latest), whichever comes first. All treatment of
noxious weeds including the use of chemicals will be reported by November 1st annually, to the Bozeman
Ranger District.
The Holder shall utilize approved control measures under the supervision of a Montana State licensed
applicator as needed. All use of chemicals will be done in accordance with the manufacture’s directions
and all State laws.
Manual control of weeds (pulling by hand) is acceptable.
PUBLIC SAFETY
All instructions and precautions will be followed as per herbicide directions to prevent contamination to
soil or water. Chemical treatment will be site specific and applied to avoid contact with non-target
species. All use, storage and transportation of herbicides on NFS lands will follow the guidelines
contained in the Final Environmental Impact Statement, Noxious and Invasive Weed Treatment Project,
Gallatin National Forest (6/2005).
Table 1. Invasive weeds species list:
Montana Noxious Weed List
*Common reed (Phragmites australis ssp. australis) *Medusahead (Taeniatherum caput-medusae) Knotweed complex (Polygonum cuspidatum, P. sachalinense, P. x bohemicum, Fallopia japonica, F. sachalinensis, F. x bohemica, Reynoutria japonica, R. sachalinensis and R. x
bohemica) Scotch broom (Cytisus scoparius) Blueweed (Echium vulgare) *Meadow hawkweed complex (Hieracium caespitosum, H. praealturm, H. floridumdum,
Pilosella caespitosa) Yellowflag iris (Iris pseudacorus) Eurasian watermilfoil (Myriophyllum spicatum, Myriophyllum spicatum x Myriophyllum sibiricum) Flowering rush (Butomus umbellatus) Common buckthorn (Rhamnus cathartica L.) *Ventenata (Ventenata dubia) * Whitetop complex (Cardaria draba, Lepiduim draba, C.pubescens, C. chalepensis) * Diffuse knapweed (Centaurea diffusa) * Spotted knapweed (Centaurea maculosa) * Russian knapweed (Centaurea repens) * Oxeye daisy (Chrysanthemum leucanthemum L.) * Canada thistle (Cirsium arvense) * Field bindweed (Convolvulus arvensis) * Houndstongue (Cynoglossum officinal L.) * Leafy spurge (Euphorbia esula) * St. Johnswort (Hypericum perforatum) * Dalamatian Toadflax (Linaria dalmatica) * Yellow toadflax (Linaria vulgaris) * Sulfur cinquefoil (Potentilla recta) * Common tansy (Tanacetum vulare) * Orange hawkweed (Hieracium aurantiacum L.) *Curlyleaf pondweed (Potamogeton crispus) * Hoary alyssum (Berteroa icana) Saltcedar (Tamarix spp.)
*Meadow hawkweed complex (Hieracium caespitosum [ H. pratense], H.floribundum, H.
piloselloides) *Dyers woad (Isatis tinctoria) Perennial pepperweed (Lepidium latifolium) Purple loosestrife (Lythrum salicaria, L. virgatum and hybrid crosses) *Tall buttercup (Ranunculus acris L.)
Tansy ragwort (Senecio jacobea L.) Tasmarisk (Tamarix spp.) Yellow starthistle (Centaurea solstitialis) Rush skeletonweed (Chondrilla juncea) Common crupina (Crupina vulgaris) Yellow flag iris (Iris pseudacorus)
DAILY HERBICIDE APPLICATION RECORD
(Complete all fields with *, complete one form for each species treated, show treatment area on base map) Site Location*:___________________________________________________________
County* Gallatin
(5) Estimated Area Treated (Ac. of weeds treated, wet area, based on gal. herbicide used) *
_____Ac. (one acre equals approx. 200ft X200ft)
(1) Operator Name/License#* (6) Calibrated Volume (gallons of herbicide and water mixture/Ac.)* _____ gal/Ac
(2) Equipment
Code*
Circle one: Backpack (712) Mobile Ground Sprayer (721)
(7) Herbicide Used*
(3) Species Treated
ANAR6 = scentless chamomile; ANTI =golden chamomile; ACRE3 = Russian knapweed; BRTE = hoary alyssum; CAAC= plumeless thistle; CADR = white top; CANU4 = musk thistle; CEB12 = spotted knapweed; CEDI3 = diffuse knapweed; CIAR4 = Canada thistle; CIVU= Bull thistle; CYNOG = houndstongue; EUES = leafy spurge; HIAU = orange hawkweed; HIPR = meadow hawkweed; HYPE = St. Johnswort; KNAR = field scabious; LEVU = oxeye daisy; LIDA = Dalmatian toadflax; LIVU2 = yellow toadflax; PORE5 = sulfur cinquefoil; TAVU = common tansy; VETH = mullein
(4) Date*: ____/____/20__
Monitoring Effectiveness and Date* _________________________ Circle Appropriate Line
0% Not Effect 1-5% little effect on population 6-25% treatment killed less than 1/4 population 26-50% treament killed less than half of the population 51-75% over half of populaiton killed
76-90% treatment killed most of the population 91-99% more than 91% population killed 100% not a single individual survived
MANUAL TREATMENT FORM
(Complete all fields with *, show treatment area on base map) 1.) Site Name*: __________________________________________ # acres treated*:_________________ Start Date*: _____________________
Stop Date*: ________________________ Weed Species*:________________________ Your Name*:________________________ Monitoring Effectiveness and
Date*_____________________________
Circle Appropriate Line for each species and make note of the species 0% Not Effect
1-5% little effect on population 6-25% treatment killed less than 1/4 population
26-50% treament killed less than half of the population 51-75% over half of populaiton killed 76-90% treatment killed most of the population 91-99% more than 91% population killed
100% not a single individual survived
APPENDIX D
United States Forest Service
Custer Gallatin National Forest Food Storage Order
Current version available online at:
https://www.fs.usda.gov/r01/custergallatin/alerts/food-storage-order