HomeMy WebLinkAboutOwl Mountain Signed Permit.pdf Authorization ID.: HLK339 FS-2700-4(09/2020)
Contact Name:County.of Fresno, ISD-Radio OMB 0596-0082
Expiration Date'.05/3012028
Use Code: 806
U.S. DEPARTMENT OF AGRICULTURE
FOREST SERVICE
SPECIAL USE PERMIT
..Authority:FEDERAL LAND POLICY AND MGMT ACT,AS AMENDED October 21, 1976
County of Fresno, ISD-Radio.of 333 West Pontiac Way, Building 6, Clovis CA 93612(hereinafter"the holder") is
authorized-to use or occupy National Forest System lands in the Sequoia National Forest or Hume Lake unit of
the National Forest System, subject to the terms of this special use permit(the permit).
This permit.covers 0.01 acres in the NE1/4 SE114 SE1/4.SE1/4 Sec. 17,T. 12 S., R. 25 E., Mt. Diablo Meridian ,
("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 is issued for the purpose:of;
Placement, operation, maintenance, and termination of:
• One 5'x 4'x 3'metal enclosure box, housing radio equipment; and
• One 7'x 4'solar panel
• Placed and accessed for maintenance by Helicopter.
To provide public safety for Fresno County Sheriff.boating unit..
L GENERAL TERMS
A.AUTHORITY.This permit is issued pursuant to the Federal Land Policy and Management 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 Aelegated authority pursuant to Forest Service Manual 2700,
C..TERM.This permit shall expire at midnight on 05/30/2028.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 OCCUPANCYrThis 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 occupancyto 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 rriay 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.
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P.COMPLIANCE WITH.LAWS REGULATIO.NSi 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 c inflict.with federal law,:regulation, or policy.The Forest
Service assumes no responsibility for enforcing laws,.regulations, and otherlegal 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 facilitles and irprovements for inspection, monl:toring, or any other purpose consistent with any
right or obligation of the United States underany law or regulation. The Forest Service reserves the.rightto 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.operption of authorized temporary improvements,.the
lands and waters covered bytliis permit shall remain open to the publid•for all:lawful.purposes:
H..' ASSIGNABILITY.This'permit is not assignable or transferable.
I. TRANSFER.OF 1fLE TO THE IMPROVEMENTS.
1. Notification of Transfer. The holder shall notify the'authorized officer when a.transfer of title Wall or part of the
authorized improvements is planned.
2. Transfer of Title,Any transfer of title to the improvements.covered.by this permit:-shalI result in termination of
the permit..The party who acquires title to the improvements must submitan application fora permit, The Forest.
Service is not obligated to.issue a new permit to the party who.acquires title to the iniprovei;�ents:The authorized
officer shall determine that the applicant meets requirements under.applicable federal regulations.
II.IMPROVEMENTS
A. LIMITATIONS.ON USE. Nothing in this permit fives or implies permission to build.or maintain any structure or
facility or to condu :ct any activity,unless.specifically authorized.by this:permit. Any use not specifically authorized
by this permit must be proposed in accordance with 36 C.FR 251.54 or 251.51.Approval of such a proposed use
through issuance of a.new permit or permit amendment is..at the sole discretion of the authorized officer.
S. DRAWINGS..All drawings for development, layout,.coristruction, reconstruction, or alteration of.irnprdxierrients
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 th'e holder to furnish as.-buiit.drawiings, maps,or surveys upon completion of the
work.
.C. CONSTRUCTION.Any construction authorized by this permit shall commence by 06/08/2024 and shall be
completed by 0713112024.
III. OPERATIONS.
A. PERIOD OF:USE,Use or occupancy.of the permit area shall be exercised at least.385 days each year.
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 of€icer and
consistent with other provisions of this.pe.rmit. Staridards are subject to periodic change by the authorized officer
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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 5ysterri roads and National Forest System trails.shall carrrplywith applicable requirements
in 36 CFR Part 212, Sub Part&36 CFR Part 261, Subpart A;and orders issued.un der.36 CFR Part 261, Subpart
B. Motor vehicle use.shall be consistentvAh designations.made under 36 CFR Part 212,.Subpart B, unless
..specifi€cally.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.MONITORING BYTHE FOREST SERVICE. The Forest Service shall monitor the holder's operations and
reserves the right to inspectthe 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..
E.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.authprized:officer's.designated representative has approved.in writing and marked or
otherwise identified what may:be cut, destroyed, or trimmed..Ttie.holder shall notify.the authorized officer when
approved cutting, destruction, ortrimming ofveggtation 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 priorwritteri 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 rathera.fe.deral license. The benefits and.requirements conferred by.this authorization are reviewable
solely under the procedures set.#orth in 36 CFR 214 and 5 Q..S.C:704..'rhis peM.Of.does not constitute.a contract
u for prposes.of the Contract Diisputes Act, 41 U.S.C.601..The permit is not'real property; does not convey any
interest 1h real properly, and may not be used es 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, orfor 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.al1.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 butis not
limited to theft,vandalism, fire and any fire-fighting activities(including prescribed burns), environmental
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contamination, avalandhes, rising waters,winds,failing 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..'' 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 bo liable for all injury;loss,or damage, including free;suppression costs, prevention and control.
of.the spread of invasive spepies, and the casts 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 attormey's fees), and other costs. Such casts may
be deducted from a performance bond required under clause N.J.
2:The.holder shall be liable for damage to ail.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:]lab ility shall not include reasonable and ordinary wear and tear.
G:HEALTH AND SAFETY.The'holder shall take 611'moas6res necessary to protect the health.and'safety of all
persons affected by the use and occupancy authorized by this permit.The holder shall prorriptly 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 inconnection with the authorized use and occupancy
during the term of this pentn it.that causes or threatens to cause a hazard to the health or safety of the.public or tiie
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-complywith 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.740'1 et
seq.,the Toxic Substances.Control Act, as amended, 15 U:S.C..2601 @t seq., the Federal Insecticide, Fungicide,
and Rodenticide Act, as arriended, 7 U-,S.C. 136 et seq., mitt 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 IQ 1(14) of CERCLA,42 U3.C.9601(1.4); (b) any pollutant.or
contaminant under section 101(33)of CERCLA, 42 U.S..G. 9601(33); (c) any petroleum product or its derivative,
including fuel oil, and waste oils.;and (0)any hazardous substance,extremely hazardous subsiance,.toxic
substance, hazardous waste, ignitable, reactive or corrosive materials, pollutant, contaminant,.element,
compound; mixture, solution or substance that'nay pose.-a present or potential hazard to human health or the
environme4 under any applicable environmental laws.
3.Ail 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 officers
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designated representative, of any oil discharge arrof the release of a hazardous.material.in the permit area in an
amount greater.thanor.equal to its.reportable quantity, in accordance with 33 CFR.Part 153 and 40 CFR Part
302..For the purposes of this requitement, "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. Remedletion 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 remediatlon 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. 1NDEMNIFI6ATION OF tHE UNITED STATES.The holder shall indemnify, defend, and hold harmless the.
United 5tates:for any costs; damages, claims; liabilities,.and.judgments arising from past,.present, and future acts
or ofissions of the holder in connection with the use:oroccupancy 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, ar.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 neeessary curative:actions to mitigate damages in combination with or as an alternative to monetary
inderrinificatiori.
J. BONDING:The authorized officer may require the holder to furnish a surety bond.or other security for any of
the obligations imposed by theterms ofthis permit or any applicable:law, regulation,.or order.
V: RESOURCE PROTECTION
A:WATER POLLUTION. No waste or by-product shall.be discharged into water in connection with the use and.
occupancy,authofted 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 orchannels leading.into water except in full
compliance with:all applicable.federal,.state;and local enVitonmental.and other laws.
B. SCENIC VALUES,The holder shall protect the.scenic values.of the permit area and the adjacent land.to the
greatest extentpossible during.construction,.operation, and maintenance of the.authorized'im.provements..
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. Environmentat Protection Agency and appropriate
.State authority for the specific purpose
planned shall be authorized for use within areas on National Forest Zystem lands,
2. Pesticide-Use Proposal. Requests for concurrence of any planned uses of pesticides shall be provided in
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advance using the Pesticide�Use Proposal(form F5-2100-2). 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..lnformation essential for review shall.be provided.in the form
specified. Exiceptions to this schedule may be allowed, subject to emergency request and approval,only when
unexpected outbreaks of pests require control measures which were nat'anticipated at the time a Pesticide-Use
Propbsalwas submitted.
3; Safety Plan. Before applying pesticides in the permit area,the holder.shall submit to the:authorized officer a
safety plan that includes,ate 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 fhe lines of responsibility for project.plan hing, project monitoring, and.after-action
review;:a description of any necessary interagency.caordinatton;`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.Sep#embe .30th annually,the holder.shall submifto 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 PALEONTOLOGIGALDISCOVERIES. The bolder shalt 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.
R.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.tlie
.applicable NAGPRA protocols for the undertaking provided ih 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
notifythe 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 OFTHREATrNED 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 anir-pals listed as threatened or endangered underthe Endangered
Species Act(ESA)of-1 973, 16 U.S.C. 1531 et seq., as:am6nded;•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 show on the map in.the appendix shall.be promptly
reported.to the:oth e a r prty and shall be added.to t n he.map.
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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's land use fee has been waived pursuant to 36 CFR 251.57 and Forest Service
Handbook 2709.11, Chapter 30.The authorized officer reserves:the right to review the land use fee waiver
determination periodically and to.charge all or part of the land use fee if the waiver is no longer appropriate.
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 rnustbe.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 VI1.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.
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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 Part214, 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 itsterms.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.
Vlll. 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 NIA.
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..Improvement Relocation (X-33).This authorization is granted with the express understanding that should
future location of United States Government-owned improvements or road rights-of-way require the relocatiorn 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.
F.Communications Site- License/Authorization (X-50). Unless not subject to licensure under applicable
regulations, use of communications equipment requires.a valid Federal Communications Commission (FCC)
license or Director of Telecommunication Management/Interdepartmental Radio Advisory Committee
(QTM/IRAC)authorization, and:operation of the equipment must be in strict compliance with.app€icable FCC or
DTMIIRAC.requirements..Uses that are not subject to authorization by the FCC or DTMIIRAC must be,operated
in the permit area in accordance with applicable FCC or D.TMARAC standards.A copy of each applicable license
or authorization.shall be maintained by the;holder. Upon.request,the holder shall provide the Authorized Officer
with a current copy of any of these licenses orauthorization&
Owl Mountain Page.8 of 11 County of Fresno.
G.Communications Site - Equipment Interference (X-51). The holder shall ensure that the holder's equipment
operates in a manner which will not cause harmful interference with the operation of existing equipment at or
adjacent to the communications site identified in this permit. If the Authorized Officer or authorized FCC official
determines that the holder's use interferes with existing equipment, the holder shall promptly take the necessary
steps to eliminate or reduce the harmful interference to the satisfaction of the Authorized Officer or FCC official.
H. Communications Site -Technical Information (X-52). Upon request, the holder shall furnish to the
Authorized Officer on form FS-2700-10 technical information concerning the holder's communications equipment
located in the permit area.
THIS PERMIT IS ACCEPTED SUBJECT TO ALL ITS TERMS.
BEFORE THIS PERMIT IS ISSUED TO AN ENTITY, DOCUMENTATION MUST BE PROVIDED TO THE
AUTHORIZED OFFICER OF THE AUTHORITY OF THE SIGNATORY FOR THE ENTITY TO BIND IT TO THE
TERMS OF THIS PERMIT.
ACCEPTED:
2��A 6- V 06/07/2024
EDWARD HILL DATE
Chief Operating Officer/Interim Director of
Internal Services/Chief Information Officer
County of Fresno
APPROVED:
zo 2
ANTHONY EDWARDS J DATE
Forest Supervisor
Sequoia National Forest
USDA Forest Service
According to the Paperwork Reduction Act of 1995,an agency may not conduct or sponsor,and a person is not required to respond,to a
collection of information unless it displays a valid OMB control number.The valid OMB control number for this information collection is
0596-0082. Response to this collection of information is mandatory.The authority to collect the information is the Organic Administration Act,
16 U.S.C. 551.The time required to complete this information collection is estimated to average 1 hour per response.including the time for
reviewing instructions,searching existing data sources,gathering and maintaining the data needed,and completing and reviewing the
collection of information.
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.gender identity(including gender expression),sexual orientation,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 tiling 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 responsible agency or USDA's TARGET Center at(202)720-2600(voice and TY`)or
contact USDA through the Federal Relay Service at(800)877-8339.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 Complaint 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,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.
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.
Owl Mountain Page 9 of 11 County of Fresno
Owl Mountain page 10 of 11 County of Fresno.
APPENDIX A: MAP
Legend
High Starry
Ranger Tower Location
District
PLSS Sedw
PISS IntersMteo
Ranger D5lrict
Bwrdares-Reg>onai
am &WM
NWFS Land
LIS FOreSt Se a LAM
Hume L:rta
Ranger
District
OWL MOUNTAIN RADIO SITE
36"52'53.27-N/119aIF4052"W
NO toad acce.8 wa be wed.
,zs AN aaess will be Cy eekopter.
N
Map 1 of l
0 0.13 0.25
Miles
High Sierra
Ranger +zs zte
Distrct
I Inch equals 0.14 miles
ioldp:G:14160LDS\GIS tat PWP Admn\ISo_REQDEST\ Date:5/6/2024
Owl Mountain Page 11 of 11 County of Fresno