AP 05-05-00 SpecialSOUTH TAHOE PUBLIC UTILITY DISTRICT
"Basic Services for a Complex World"
NOTICE OF SPECIAL BOARD MEETING
Friday, May 5, 2000
10:00 - 11:00 A.M.
District Conference Room
1275 Meadow Crest Drive, South Lake Tahoe, California
Robert G. Baer, General Manager
Richard Solbrig, Assistant Manager
Christopher H. Strohm, President
BOARD MEMBERS
Pembroke Gochnauer, Vice President
James Jones, Director Mary Lou Mosbacher, Director Duane Wallace, Director
• • • • • .. • • • • . •
AGENDA
1. CALL SPECIAL MEETING TO ORDER
2. ITEMS FOR BOARD ACTION
a. U.S.D.A. FOREST SERVICE: LONG-
TERM SPECIAL USE PERMIT FOR
GARDNER MOUNTAIN WELL
(Christopher Strohm, Bob Baer)
3. ADJOURNMENT
REQUESTED BOARD ACTION
APPROVE TERMS AND CONDITIONS
OF PERMIT AND OPERATING PLAN
South Tahoe Public Utility District • 1275 Meadow Crest Drive, South Lake Tahoe, CA 96150 • Phone: 530.544.6474 • Facsimile: 530.541.0614
SOUTH TAHOE PUBLIC UTILITY DISTRICT
BOARD AGENDA ITEM
TO: BOARD OF DIRECTORS
FR: Christopher Strohm, Board President: Bob Baer, General Manager
RE: BOARD MEETING
ACTION ITEM NO:
a.
May 5, 2000 AGENDA ITEM:
CONSENT CALENDAR ITEM NO:
ITEM - PROJECT NAME: U.S.D.A. FOREST SERVICE: LONG -TERM SPECIAL USE PERMIT
FOR GARDNER MOUNTAIN WELL
REQUESTED BOARD ACTION: Approve terms and conditions of permit and Operating Plan.
DISCUSSION: In the last week, extensive discussions have taken place between the Forest
Service and District representatives. On Friday, April 30, 2000, Bob Baer met with Colin West
to resolve the standby water service (Section VII.N) and permit fee (Section IV.E). Then on May
1, 2000, Chris Strohm and Bob Baer met with Brad Powell, Regional Forester, and Ed Gee,
Acting Forest Supervisor, to discuss the water extraction clause (Section VII.0). Mr. Powell
suggested that the Operating Plan be expanded to further define the standards that would be
used to curtail water extraction in the event of adverse environmental impact or dispute over water
rights. The Forest Service staff is preparing the final language for the Special Use Permit.
District staff is revising the Operating Plan to reflect the negotiated changes.
Board approval of the Special Use Permit, including the Operating Plan is
recommended.
SCHEDULE:
COSTS:
BUDGETED AMOUNT REMAINING:
ATTACHMENTS: Special Use Permit, Operating Plan
ACCOUNT NO:
CONCURRENCE WITH REQUESTED ACTION:
GENERAL MANAGER: YES
CHIEF FINANCIAL OFFICER: YES
NO
NO
CATEGORY:
GENERAL
WATER X
SEWER
Authorization ID ELD400816
Contact ID STPUD
Expiration Date: 12/31/2029
U.S.
DEPARTMENT OF AGRICULTURE
Forest Service
SPECIAL USE PERMIT
AUTHORITY:
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4-6 U - r 1^rLnc r
1-e._Yi51s 5.
FS- 2700 -4 (8/99)
OMB 0596 -0082
ORGANIC ADMINISTRATION ACT June 4,1897,
GRANGER -THYE ACT,SECTION 7 April 24, 1950,
FEDERAL LAND POLICY AND MGMT ACT, AS AMENDED, October 21, 1976
South Tahoe Public Utility District of 1275 Meadow Crest Drive, South Lake Tahoe, CA 96150 -7401 (hereinafter called the
Holder) is hereby authorized to use or occupy National Forest System lands, subject to the conditions set out below, within
Lake Tahoe Basin Management Unit described as NE1 /4NE1 /4 Section 36, T1 3N., R17E., and portions of the N1 /2 of Section
6, T12N., R18E., MDM as shown on attached Exhibit(s) A. This permit covers 2.27 acres.
This permit is issued for the purpose of:
Operation and maintenance of South Tahoe Public Utility District commercial water well and site including 100' linear feet of
barricade posts along Valhalla road (.03 acre /25' X 45'), 2,100 linear feet of 14" waterline (.48acre /2,100' X 10'), occupancy
and mainte nce of a Forest Service building (12' X 32') and site (.12 acre /78' X 68'), use and maintenance of 6,380 linear feet
o i an ' `) 'near feet of 6" Forest Service waterline (1.64 acres /6,380' X10', 780' X 10'). The facilities are located within
the Tallac Historic Site, Camp Richardson Resort and adjacent to Highway 89.
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.
SB 2283 ' . .-'. 7.0009
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 12/31/2029. Expiration shall occur
by operation of law and shall not require notice, any decision document, or any environmental analysis or other documenta-
tion.
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 regulation.
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 the date of the permit and shall be completed
within a reasonable time period which shall not exceed (6) months from the date of the permit. 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. Regulations 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 sea., the Resource Conservation and Recovery Act, 42 U.S.C.
6901 et sea., the Comprehensive Environmental Response, Control, and Liability Act, 42 U.S. C. 9601 et seg.,
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. Chance 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 FS-
2700-3, Special Use Application and Report, or Form FS- 2700 -3a, Request for Termination of and Application for 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, except losses caused by the Forest Service for which
the Forest Service would be liable to the extent allowed by the Federal Tort Claims Act.
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. Indemnifi-
cation 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 related to
the activities authorized by this permit.
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
SB
627.0009
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. If the corrective action cannot reasonably be
completed within the time specified above and the Forest Service determines that the Holder is diligently pursuing the
corrective action. the Holder shall be entitled to additional time to complete the corrective action as determined by the Forest
Service.
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. Except as provided in Section VII.N) the holder shall be entitled to remove all
equipment, fixtures and appurtenances that Holder installed or constructed in the permit area which can be removed without
material damage to the Forest Service's property (buildings and lands) which determination shall be made by the Forest
Service. 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. Payment Due Date. The payment due date shall be the close of business on December 31st of each calendar year payment is
due. Payments due the United States for this use shall be deposited at USDA - FS, C/O Bank of America, File 71652, P.O. Box
60000, San Francisco, CA 94160 -1652, in the form of a check, draft, or money order - payable to "Forest Service, USDA."
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.
C. 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 calculate on financial statement specified in this
authorization becomes due. The rate of interest assessed shall be the higher of the rate of the current value of funds to the U.S.
Treasury (i.e., Treasury tax and loan account rate), as prescribed and published by the Secretary of the Treasury in the
Federal Register and the Treasury Fiscal Requirements Manual Bulletins annually or quarterly or at the Prompt Payment Act
rate. Interest on the principal shall accrue from the date the fee or fee calculation financial statement is due.
S B 228 • : . 7.0009
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 in accordance with section VI.A, above, 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.)
D. Fee Change. The permit fee will be subject to revision should Forest Service Policy on Fees Change.(A -R5-4)
E. Permit Fee. The holder shall pay annually in advance a sum determined by the authorized officer to be the fair market
value of the use granted by this authorization. The initial payment is set at $ for the remainder of this billing
period. Subsequent payments shall be determined by the following methods:
(1) Appraised market rent or 6% of the value of the Forest Service building, whichever is higher.
(2) Not less than 5% appraised value of the land authorized for the well site and building site.
(3) Local linear fee schedule for the STPUD pipeline indexed to the IPD -GNP.
(4) 6% of depreciated cost of the Forest Service 10" pipeline.
The Forest Service may adjust the amount of payment, for linear uses, annually by an appropriate indexing factor (IPD -GNP)
to reflect more nearly the fair market value of the use. At certain intervals the Forest Service shall review the fee and adjust
the fee as necessary to assure that it is commensurate with the fair market value of the authorized use as determined by
appraisal.
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. Anneals 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. Insurance Clause - Government Owned Improvements. The Holder shall repair, replace, or restore any damage to or loss of
the premises covered by this authorization caused by fire or other casualty including consequential damages to said premises
resulting from fire or other casualty, including fires or other casualties beyond the control of and without the fault of the
Holder, and shall have in force fire and other casualty insurance covering the Government -owned improvements„ the use of
which is permitted by this authorization.
Such fire and other casualty insurance shall be in the amount of ten thousand dollars ($10,000) and shall name the United
States as beneficiary of proceeds payable as a result of claims for damage for fire or other casualty.
The Holder shall furnish the Forest Service an authenticated copy of the insurance policy prior to occupancy and use. The
policy shall also contain a specific provision or rider to the effect that the policy will not be cancelled or its provisions changed
before 30 days written notice to the authorized officer.
E. Revegetation of Ground and Surface Restoration. The Holder shall be responsible for prevention and control of soil erosion
and gullying on lands covered by this authorization and adjacent thereto, resulting from construction, operation, maintenance,
and termination of the authorized use. The Holder shall so construct permitted improvements to avoid the accumulation of
excessive heads of water and to avoid encroachment on streams. The Holder shall revegetate or otherwise stabilize all ground
where the soil has been exposed as a result of the Holder's construction; maintenance, operation, or termination of the
authorized use and shall construct and maintain necessary preventive measures to supplement the vegetation.
F. Maintenance and Alteration of Government Improvements. The Holder shall maintain the present improvements, as well as
any future improvements, appurtenances, and furnishings in full conformance with the Operations and Maintenance Plan
entitled "Operations and Maintenance Plan for Gardner Mountain Well Facilities" which is hereby made a part of this
authorization.
If during the term of this authorization, the Government -owned improvements are altered, reconstructed, or modified in any
way, the material, equipment, fixtures, or other appurtenances which are affixed to or made a part of said improvements in
connection with the alteration project shall become a part of the property except, as determined by the Forest Service, that
equipment, fixtures and other appurtenances which can be removed without materially damaging the government owned
improvements may be removed by the Holder. Ownership shall immediately accrue to the Government, regardless of whether
said work is performed by the Holder or any other party.
G. Pesticide Use. Pesticides may not be used to control undesirable woody and herbaceous vegetation, aquatic plants, insects,
rodents, trash fish, etc., without the prior written approval of the Forest Service. A request for approval of planned uses of
pesticides will be submitted annually by the Holder on the due date established by the authorized officer. The report will cover
a 12 -month period of planned use beginning 3 months after the reporting date. Information essential for review will be
provided in the form specified. Exceptions to this schedule may be allowed, subject to emergency request and approval, only
when unexpected outbreaks of pests require control measures which were not anticipated at the time an annual report was
submitted.
Only those materials registered by the U.S. Environmental Protection Agency for the specific purpose planned will be
considered for use on National Forest System lands. Label instructions will be strictly followed in the application of pesticides
and disposal of excess materials and containers.
H. Archeological - Paleontological Discoveries. The Holder shall immediately notify the authorized officer of any and all
antiquities or other objects of historic or scientific interest. These include, but are not limited to, historic or prehistoric ruins,
fossils, or artifacts discovered as the result of operations under this authorization, and shall leave such discoveries intact until
authorized to proceed by the authorized officer. Protective and mitigative measures specified by the authorized officer shall be
the responsibility of the Holder.
S3 222:07627.0009
I. Signs. Signs or advertising devices erected on National Forest System lands shall have prior approval by the Forest Service
is to location, design, size, color, and message. Erected signs shall be maintained or renewed as necessary to neat and
presentable standards, as determined by the Forest Service.
J. Improvement Relocation. This authorization is granted with the express understanding that should future location of United
States Government -owned improvements or road rights -of -way require the relocation of the holder's improvements, such
relocation will be done by, and at the expense of, the Holder within a reasonable time as specified by the authorized officer.
K. Water Rights. This authorization does not convey any legal - interest in water rights as defined by applicable State law nor
hall this authorization be interpreted to affect either party's existing or future water rights as this authorization is limited to
and access.
L. Termination or Revision of Authorization for Government Improvements. If during the term of this authorization, the
orest Service determines the public interest requires revision of the conditions of use or the termination of the use of
Government -owned improvements, the use of which is permitted by this authorization, said conditions of use may be revised
r the use terminated or suspended at the discretion of the Regional Forester.
if the Forest Service revises the conditions of use or terminates the use of government owned improvements, the use of which
permitted by this authorization, such that the Holder's facilities must be relocated to enable the Holder to continue the
ctivities, and the Forest Service concludes after the appropriate process under the National Environmental Policy Act and
ether applicable laws that an alternate site on National Forest lands is appropriate for relocation. the Forest Service shall
:allow the Holder a reasonable time, as determined by the Forest Service, to relocate the Holder's use and facilities to the new
ocatlon.
M. Well Capping. Upon abandonment or termination of this permit, all drilled wells will become the property of the United
'ttates. At the election of the Forest Service, the Holder shall either leave the well in place without modification, except
removal of the Holder's pumps and equipment, or destroy the well in accordance with the State of California well standards.
if the well is not destroyed due to election by the Forest Service, the Forest Service will be responsible for the operation and
maintenance of the well.
ti.,]evblic Needs. During the term of the permit, the Holder will provide standby water supply under the
onditions specified in a section of the operating plan for this permit entitled "Standby Use of Gardoe. 1 you^ in Wel - c,,(_'
" which is hereby made part of this authorization.
!. Water Extraction. All water extracted under this permit will be metered to determine the volume. Meter readings will be
ubmitted to the Forest Service quarterly. If the parties are concerned that a significant environmental impact is occurring as
result of said water extraction, the parties will work together to determine the cause of impact. If a joint plan cannot be
greed to, the Forest Service may curtail or stop extraction of water pursuant to the permit ( as specified in the operating
'Ilan) in accordance with applicable laws and regulations. If any disputes arise between the Forest Service and the Holder
oncerning their respective rights to the water being extracted, the Forest Service may curtail or stop extraction of water
ursuant to the permit ga cordanec�g,Ivit applicable laws 510- ---, ons.
. Potability of Water. It is expressly understood by the Holder, and the Holder hereby acknowledges, that the Forest Service
not responsible in any manner for the potability of the water developed under this permit. Holder assumes any and all risks
nd/or hazards as to the potability of such water.
Granger -Thve Fee Offset Agreement. Government maintenance and reconditioning projects shall be performed in
cordance with an annual Granger -Thye fee offset agreement as provided in clause VII.T.2 of this permit.
;. Holder Maintenance and Reconditioning Plan.. The Holder at its expense shall perform Holder maintenance and
conditioning as defined in clause VII.T.1 (c) of this permit under a holder maintenance and reconditioning plan approved by
he Forest Service. The holder maintenance and reconditioning plan shall describe required holder maintenance and
reconditioning responsibilities and their frequency. The work performed under this plan shall not be subject to fee offset
.nder clause VILT.
8 228396 v 2:
S. Alteration of Government Improvements.. If during- the term of this permit any government -owned improvements are
altered in any way, the material, equipment, fixtures or other appurtenances that are affixed to or made a part of those
improvements in connection with the alteration shall become the property of the United States, regardless of whether the work
is performed by the Holder or any other party. The Holder shall not be entitled to any compensation for that property, other
than to the extent it qualifies for fee offset under clause VII.T.
T. Granger Thve -Fee Offset. Pursuant to 16 U.S.C. 580d, the Forest Service may offset all or part of the permit fee by the
amount paid by the Holder for maintenance or reconditioning deemed to be the government's responsibility, as defined below,
of government -owned improvements and their associated land.
1. Definitions
(a) Maintenance. Preserving or keeping in proper condition or rebuilding, repairing, or replacing. Maintenance does not
include construction of new facilities.
(b) Reconditioning. Restoring a facility to its original condition or to meet current national or state standards, such as the
Uniform Federal Accessibility Standards, Americans With Disabilities Act Accessibility Guidelines, the Uniform Building
Code, or state water quality standards. Reconditioning does not include construction of new facilities.
(c) Holder Maintenance or Reconditioning. Maintenance or reconditioning that neither materially adds to the value of the
property nor appreciably prolongs its life. The work serves only to keep the facility in an ordinary, efficient operating
condition. From an accounting or tax perspective, it is work that may be expensed, but not capitalized. Examples include but
are not limited to interior decorating, interior painting, vandalism repair, repair of broken windows, light bulb replacement,
cleaning, unplugging drains, drive belt replacement, preventive maintenance, lubrication of motors, greasing, servicing,
inspecting, oiling, adjusting, tightening, aligning, watering, weeding, sweeping, waxing, refinishing picnic tables, routine
housekeeping, and general snow removal. In fulfilling these responsibilities, the Holder shall obtain any licenses and certified
inspections required by regulatory agencies and follow state and local laws, regulations, and ordinances and industry
standards or codes applicable to the permitted operation.
(d) Government Maintenance or Reconditioning. Renovation, reconditioning, improvement and maintenance are actions that
arrests deterioration, improves and upgrades facilities and appreciably prolongs the life of the property. Examples include but
are not limited to installing a new roof, new floor, or new siding; rebuilding boilers; replacing pipes, pumps, and motors;
repairing or maintaining the paths, lands, walks, walls, or landscaping adjacent to other government -owned structures;
replacing vault toilets with flush facilities, paving interior roads, upgrading facilities, and installing utilities; and performing
exterior painting and refinishing. Exterior painting that repairs unsightly visual marks caused by everyday use does not meet
the definition outlined above. Government maintenance or reconditioning, whether performed by the Holder or the Forest
Service, shall be performed at the sole discretion of the authorized officer.
2. Granger -Thye Fee Offset Agreement. Before issuance of this permit and before each operating season thereafter, the Forest
Service and the Holder shall enter into an annual Granger -Thye fee offset agreement. The agreement shall enumerate the
portion of the permit fee that shall be offset by government maintenance and reconditioning and shall specify which projects
are to be used for offset that year. The agreement shall also include standards for completion of the projects and examples of
allowable costs. The agreement shall specify whether the concessionaire shall be required or has the option to enter into a
collection agreement to have the Forest Service perform the work.
3. Collection Agreements for Forest Service Oversite for Major Government Maintenance and Reconditioning Projects. The
Forest Service may require the Holder to enter into a collection agreement with the Forest Service to pay the cost of a Forest
Service employee administering and overseeing major government maintenance and reconditioning projects and offset those
costs against the Holder's annual permit fee. For purposes of this clause only, a major government maintenance and
reconditioning project is one costing $25,000 or more. Allowable costs include monitoring to ascertain that work is being done
zo Forest Service standards. Allowable costs do not include routine permit administration by the Forest Service. If the Forest
Service exercises this option, a separate collection agreement shall be executed by the parties and made a part of this permit.
Operating Plans. The Holder shall provide an Operating Plan. The plan shall be prepared in consultation with the
authorized officer or designated representative and cover operation and maintenance of facilities, dates or season of
iperations, and other information required by the authorized officer to manage and evaluate the occupation and/or use of
National Forest System lands. The provisions of the Operating Plan and the annual revisions shall become a part of this
authorization and shall be submitted by the Holder and approved by the authorized officer or their designated
representative(s). This Operating Plan is hereby made apart of the authorization.
V. Drinking Water Systems.
1. The Holder, as the water supplier and owner or operator of the drinking water system, is responsible for
compliance with all applicable Federal, State, and local drinking water laws and regulations for the operation and
maintenance of a public water system. This includes, but is not limited to, developing, operating, and maintaining the
system, and conducting drinking water testing and taking the appropriate corrective and follow -up actions in
accordance with Federal, State, and any other applicable requirements. For the purposes of this authorization,
public water systems are defined In the Safe Drinking Water Act, as amended (42 U.S.C. 300f et seq.), and in the
National Primary Drinking Water Regulations, Title 40, Code of Federal Regulations, part 141 (40 CFR part 141), or
by State regulations if more stringent.
4. The Holder shall retain all records as required by applicable laws and regulations. The Holder agrees to make the
records available to the Forest Service and to any other regulatory agency authorized to review Forest Service
activities.
W. Disputes. Appeal of any provisions of this authorization or any requirements thereof shall be subject to the appeal
regulations at 36 CFR 251, subpart C, or revisions thereto.
X. Facilitv Inspection. If circumstances allow, the Forest Service shall attempt to give the Holder prior reasonable notice
')efore accessing any secured facilities on the permitted area.
According to the Paperwork Reduction Act of 1995, no persons are required to respond to a collection of information unless it
displays a valid OMB control number. The valid OMB control number for this information collection is 0596 -0082.
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
4rea Permit Act, Granger -Thye Act, Mineral Leasing Act, Alaska Term Permit Act, Act of September 3, 1954, Wilderness
1ct, National Forest Roads and Trails Act, Act of November 16, 1973, Archeological 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 B,
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.
This permit is accepted subject to the conditions set out above.
HOLDER NAME: South Tahoe Public Utility District U.S. DEPARTMENT OF AGRICULTURE
Forest Service
By: By:
(Holder Signature) ( Authorized Officer Signature)
( Title )
Forest Supervisor
Date: Date:
S 228 27.0009
OPERATIONS AND MAINTENANCE PLAN FOR THE
GARDNER MOUNTAIN WELL FACILITIES
(Authorization ID ELD400816)
INTRODUCTION
(RQV.I.SQd)
This operations and maintenance plan is prepared in accordance with the provisions of
the Special Use Permit issued by the United States Department of Agriculture, Forest
Service (Forest Service), to the South Tahoe Public Utility District (District) for the
Gardner Mountain Well and related facilities. This operations and maintenance plan is
made a part of, and supplements, the terms and conditions of the Special Use Permit
as described below.
CONSTRUCTION PHASE
The construction work and schedule for the Gardner Mountain Well Facilities are
summarized below. The District is preparing plans and specifications for this work
which will be submitted to the Forest Service.
The work is scheduled to begin in early June, 2000. Excavations will be conducted on
either side of Highway 89 in order to replace failed restrained joints on the pipeline in
the casing pipe under the highway pavement. Barricades will be set up around the
excavations for public safety. No lane closures of the highway are envisioned. In
addition, an excavation at the well location is required to replace restrained joints at the
end of the pipeline. This work should take approximately one week.
Excavation will also be required at the well site in order to install the pitless adapter
unit on the top of the well. This work will occur in late June or early July, and will take
approximately three days to complete. The public will be excluded from the work site
by barricades.
The final construction operation at the well site will involve placement of the well pump
and column pipe, and pulling of the electrical cable from the Red Barn to the well. This
operation will require approximately one week, currently estimated to occur sometime
in mid -July.
Work at the Red Barn is expected to commence around the first of July. For the new
electrical service, a power pole will be installed by Sierra Pacific Power Company to
replace the existing one closest to the Barn. An underground cable will be trenched to
the rear of the Barn to connect to a pad mounted transformer. Work on the Barn will
consist of a new concrete floor, new front entrance, a side door, louvers to replace the
existing windows, and replacing the interior walls with plywood. This portion of the
contract, including placement of the electrical gear and standby generator, will proceed
from July through early November, when the well should be placed into service.
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Normal working hours for the construction phase of the project will be 7:00 a.m to 6:00
p.m., Monday through Friday. The public will be excluded from the area affected by
construction during non - construction hours. No excavations will be left open without
barricades or trench plates after hours.
After final paving of the driveway and parking area around the building is completed,
wooden bollards will be installed around the paved area, and along Valhalla Road
where the vegetation was cleared to install the well, which meet Forest Service
standards. Installation of the bollards will be the final item of site work, including
revegetation of any disturbed areas.
OPERATIONS PHASE
The well and related facilities will be operated at various capacities depending on
customer demand for water. At times, the well may be operated at full capacity during
periods of heavy customer demand, which typically occurs during the summer months.
At other periods, the well is expected to be used intermittently when customer demands
are low. The well may be entirely shutdown at certain times of the year and only
operated as necessary to prevent the water in the pipelines from becoming stagnant.
During times when the well is not actively operated, the standby water service to the
Forest Service will be provided from other District wells. The operation of the District's
wells for providing water service to its customers, including standby service to the
Forest Service, will be performed in accordance with the District's standard operational
procedures.
During the operational phase of the well, the first line of maintenance begins with the
pump station operators, who inspect the well house every day to ensure that the well is
operational. On each visit, the operator inspects the chlorination equipment, and
transfers the metering pump to a full barrel of sodium hypochlorite if needed. The
operators then log the station, which translates to recording flow totals and draw -down
measurements in the well.
A visual inspection is performed on all equipment in the building, as well as an interior
and exterior inspection of the building itself. Any items appearing unusual or needing
work are noted, with appropriate work orders being written to schedule the work. The
Forest Service would be notified of any such items and corrective work will be
coordinated and approved by the Forest Service. For example, graffiti on the outside of
the building, when and if it occurs, would be noted and then Forest Service and
appropriate law enforcement officials will be notified. Law officers usually inspect and
take pictures of the graffiti (so any gang related symbols can be researched) within 24-
hours. Painting over the graffiti would then be coordinated with the Forest Service and
scheduled within a few days.
Once each month, the standby generator is test -run by turning off the utility power
circuit breaker. Refueling of the diesel tank, and supplying full barrels of sodium
hypochlorite, are done on an as- needed basis.
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Safety features of the building include a fire extinguisher, an eye wash basin, a motion
activated exterior Tight for the driveway immediately in front of the building, an electrical
power emergency off switch mounted by the front door, and an alarm system which is
transmitted back to the WWTP (wastewater treatment plant) by a radio system. Pump
operation, utility power status, loss of alarm signal, flow rate, pressure (in the discharge
pipeline), and standby generator run status are all transmitted back to the central
receiving station at the WWTP, which is manned 24 -hours per day.
The building itself, and the pitless adapter at the top of the well, are both locked at all
times except when District staff is performing work. Sierra Pacific Power Company staff
also have keys to the building itself, allowing them entrance to read the electric meter,
and to shut off the electrical service to the station in an emergency. The Forest Service
would also be provided with access to these facilities.
Maintenance of the underground pipelines is minimal. Except for unusual occurrences
(pipeline breaks, well screen problems causing sanding, etc.), flushing of the pipelines
is not usually done except for fire department flow testing of the fire hydrants. Annual
visual inspections of the off -road waterline easements are normally conducted at the
end of the spring snow melt runoff.
An unusual drop in discharge pipeline pressure would also trigger an inspection of the
pipeline route. Leaks are repaired by the underground repair water crew. Crew
members work seven days a week, 7:00 a.m. - 5:30 p.m., and are on call for
emergencies at all times.
STANDBY WATER SERVICE
The District will provide standby water service to the Forest Service in the area
generally described as the Tallac historic area, which is receiving water service from
the Forest Service's well. The District agrees to provide standby water service to the
Forest Service in accordance with the following conditions:
1) The well, pipelines and related facilities to be constructed and installed by
the District have been completed and the Forest Service's facilities to be
used by the District are connected and integrated into the District's water
system.
2) The standby water service is provided in accordance with District rules
and regulations (metering, backflow, water conservation, rates, etc.).
3) The Forest Service has completed an application for standby water
service describing the types and parameters of the water service, such as
fire, health and safety needs, timing before receipt of standby water
service, maximum flow needed, and similar parameters of the desired
standby water service.
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4) The Forest Service has paid the cost of the engineering study to
determine cost of standby water service which will not exceed $7,500
without U.S. Forest Service approval.
5) The Forest Service has paid the cost of standby water service as
determined by the engineering study. (Cost of improvements in the
Gardner Mountain area approved by the District Board of Directors at
their January 6, 2000, and February 3, 2000 meetings is not the individual
responsibility of the Forest Service. The District has transmitted the
Board minutes and engineering report to the U.S. Forest Service.)
6) The District's operation of the well and related facilities including, but not
limited to, the use of the Forest Service's facilities described in the
Special Use Permit, are fully and continuously available to the District for
supplying water to its customers, including standby water service to the
Forest Service, and the District's pumping from the well has not been
compromised or restricted.
7) The Special Use Permit has not been terminated, suspended, revoked or
breached by the Forest Service.
If any of the above conditions to the District's obligation to provide and continue to
provide standby water service to the Forest Service, do not occur or are terminated,
suspended, revoked, breached, violated or interrupted, the District may immediately
terminate standby water service to the Forest Service. The District will attempt to give
the Forest Service prior reasonable notice if and when standby water service is
terminated under this provision. The Forest Service will be entitled to reinstate standby
water service upon curing the condition that was terminated, suspended, revoked,
breached, violated or interrupted in accordance with the District's rules, regulations and
policies.
WATER EXTRACTION
The Forest Service installed a well, which is located near the District's well, for the
purpose of supplying water to its facilities at the Tallac historic area. Due to the close
proximity of these wells, there may be disputes between the Forest Service and the
District over the cause of a significant adverse environmental impact or the parties'
respective water rights. The purpose of this section is to establish the procedures for
resolving disputes, which may include, but are not limited to, abatement (time and
quantity), curtailment, and other potential physical solutions that are in accordance with
applicable state and federal laws and regulations.
After determination that a dispute exists regarding the occurrence of a significant
adverse environmental impact, the parties will jointly investigate the facts and
circumstances surrounding the dispute including, but not limited to, water quality,
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geology, groundwater, soils, vegetation, climate, other users of water and other
pertinent facts and circumstances. The parties agree to use their best efforts to jointly
develop and implement a mutually agreeable plan to mitigate the cause of the impact,
which if not mutually agreed upon, shall be resolved in accordance with applicable
state and federal laws and regulations.
In the event of a dispute between the parties concerning their respective water rights to
the water being extracted from their respective wells, the parties will jointly investigate
the facts and circumstances surrounding the dispute including, but not limited to,
groundwater, geology, pumping history from the wells, other users of water, climate and
other pertinent facts and circumstances. The parties agree to use their best efforts to
jointly develop and implement a mutually agreeable plan to resolve the dispute, which if
not mutually agreed upon, shall be resolved in accordance with applicable state and
federal laws and regulations.
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