' '""'d ltat .. a ....... et Apltnda- ..... .- .... (1.2) ...... __ ,.., Co F-.f ~'W) Pot .. t .......

70 'J.~ u. --SPECIAL USE PERMIT ~ I"· Ulotrlot C1•1J •· U1or IIUII!Mr (9•12) 11. kiM el uoo (13-11)

_';..et of 0Chba;.a.1Ji2~ 94-579) 13 7285 ~1~ -- ----Thl• permit 1• rew-ble •nd aontr..., ... b .. I• Stoto (1 .. 17) ... c-tr (11-20) Ia. c.N no. (21)

(Ref. FSM m 0) C& 171 l -- --- -

IJennission is hereby granted to ar.owhHcl Purita1 Uatlll• lr1c •. '\Yte :J.;.;~".JA_M-t . '.J, .. (w ~,...~,.'.1wt~ ~~~~ r:. 01 ~. r'bfrt',Y'C ~-....11. ,

of Pr-9a 8811 22Q3 Iennfaal Anna, LUI Ange1••· GA 9QQt1 ·.:n-krt"j t·.:--'lk., CA 1/1$1.# hereinafter called the pennittee, to u•e •ubjectto the condition& nt out below, the followih,de•cribed llllda or improvement•:

A rfght·of·WI.Y not to exceed ftve (5) feet fn width and approximately 23,020 feet fn length across portions of ~tatfonal Forest land in Section 6, TlN, R3W, NE 1/4 of Sectton 12, SE 1/4i SE 1/4, Section 1, TlN, R4W, s 1/2 of Section 30 and Section 31. T2N, R3W, SBBIM as shown more ~r­tfcularly on the map entftled .• Arrowhead Purttas Waters, Inc., (916), Systaa and Supply ... dated June 1971 by A. w. Hess and revised 30 Novanbll" 1977 by Gene Taliaferro and made. a part hari!IOf;,

This pennit covers_..=2:.:.,7:...... ___ acres and/or" 4.3& miles and is issued for the purpose of:

mafntafntng thereon water tran•1ssfon lfnes, necessary se"tca trans to mafntatn pfpelfnes ind water collection tunnels, horizontal walls. and spring boxes.

1. Construction or GCWp.IIIIGY -..d vae under this pe-nnit shall begin within --- months, and l'Onslructinn, if any, shall be completed within.~ L7 ~1.,)1 months, From the date of the pennit. Thia nse shall be actually exercised at leaat o~ug days each year, unless otherwise authorized in writing. ·

2. In consideration For this use, the pennirtee shall pay to the Fore•t Service, U.S. Department of A~riculture1 th~ sum of two hundred twentv Dollars($ 220,00 • ) for the period from J~I'!.YII'Y ], l9li.._ I to Decsnber 31. , 19.1.9_ , and thereafter nnnunllv nn Januar 1 1

_T~~ __ hu~j~ ·ai1(1tWentv Dollar• <S 220.00 >: PrtH•Mrd, hml't•·vrr, Charges for this use may be made or readjusted whenever necessary to place the dmr~r·~ on a basis C'omm~nsurate- with the value of use authorized by this pennit.

3 Thi~ prnuit i~ BCfJill¥l..liubject to the conditions set forth herein, and to conditions ---=-l.:.B __ to 28 1f'lclud1na Exh1b•t'l cfi'Nhereto and made a part of this pennit · . - -·

PERMITTEE

ISSUING OFFICER

NAMI: 01' "I:IIIMITTI:II SIOf(,ATUIIII 01' AUTHOIIIIZI:D OI'I'ICIIII ~?A TIE

- ,jc:.~_..:--~ 2. . , ... ~a-~ l/i/ 7:1 Arrowhead Puritas Waters. In i=stTL.I: \/ ,(>If! r~te~IJ~tv1" ~ '?-1cd,:d1~~ N\:~ND IIONATUIIIII· TIT LIE~ DAT~~,1~ ax~ , , lA '"e.Yh~~.· Fores Supervisor LT - (CON'I'INUifD Off RlfV~U) , 2700·.. (71711

• • 0 •• ~· ... ,,.,. •- J .• nf} tr-~u.~

•• ···~· IV~AI,..,.-") '" ...,.,

· .. I1PVPiop111rnt plans; layoa .. la'ls; construction, reconstruction, or .. .. ration of improve.meats~ Of> •. :Pvisinn of la~·oul or c-onstruction plans for this area must be approved il! advance and in writinR' by the ;'orP!'!t ~upPrvisor. Trt>E'S or shrubbery on the- peonnitted area may be removed or destroyed only after thE' iorPst offic-l:'r in ·char~f' has approvPd, and has marked or otherwise designated that which may be removt>d or dPstrovPd. TimhPr cut or riestroyed will be paid ror by the pennittee as follows: Meorchantable timber at -.pproist>d ~·aluP; youn,r-growth timber below merchantable size at current damage appraisal value; protNJed . hot the ForPSl Service reseorves the right to dispose of the merchantable timber to others than the per­mittPe at no stumpa~ cost to the pennittee. Trees, shrubs, and other plants may be planted in such 11anner and in such places about the premises as may be approved by the forest officer in char~.

5. The pennittee shall maintain the improvements and premises to standards of repair, orderliness, Of'Btness, sanitation, and safety acceptable to tfie (oresl' offtciefin cfiarse.·

6. This permit is subject to all valirf claims •. --... . ... · . . ·

7. ThP permittee, in exercising the privileges granted by this permit, shall comply with the regulations nf the Department of A,riculture and all Federal, State>, county, and municipal laws, ordinances, or regula­tions whic-h arE' applicable to the area or operations covered by this pennit,

a~ ThP pPrmittPe shall take all reasonable precautions to. prevent and suppress forest fires. Noma­terial shall be disposed of by burning in open fires durins the closed season established by law o~ regula­tion without a written pennit from th.- forest officer in cbarp or his authorized agent.

9. ThP pennittee shall exercise diligence in protecting from damage the lan'd and property of the United States rovPred by and used in connection with this pennit, aad shall pay the United States for any damage rPsultin't from ne{fli{fence or from the violation of the terms of this pennit or of any law or retrulation appli­cable to the National Foresta by the pennittee, or. by any agents or employees of the pennittee acthig within the ~!cope of their agency or employment.

10. The permiltee shall fully repair all damage, other than ordinary wear and tear,. to national forest roads and trails cnuserl by the.o pennittee in the exercise of the privilege sranted by this permit.

11. No Member of or Delegate to Congress or Resident Commissiouer shall ~ admitted to any share or part of this a~ement or to any 'benefit that may arise herefrom unless it is made with a co1p0ration for its llPnE'ral benE-fit.

J 2. Upon abandonmE'nt, tennination, revocation, or cancellation of this permit, the pennittee shall remove within a reasonable time all structures and improvements except those owned by the United States, and shall restore the site, unless otherwise agreed upon i111 writing or in this permit. 1£ the permittee fails to remov~ all such structures or improvements within a r'~asonable period, they shall b~come the property of the United States, but that will not relieve the pennittee of liability for the cost of their removal and restoration of the site. ·

13. This permit is not transferable. If the penni!tee through valuutary sale or transfer, or through PnforceomE'nt of contract, foreclosure, tax sale, or other valid leg"l proceedin(f shall cease to be the owner of th~ physical improvements other than those owned by th~ United States situated on the land described in this pt"nnit and is unable to furnish adequate- proof of ability to redeem or otherwise reestablish title to .!'laid improvements, this 'Pennit shall be subiect .to cancellation •. But if the person to whom title to said improvPmPnts shall have been transferred in either manner provided is qualified as a pennittee and is willin~ that his future occupancy of the premises shall be subject to such new conditions and stipulations as existing or prospective circumstances may warrant, his continued occ,upancy of the premises may be authorized by permit to him if, in the opinion of the. issuing officer or his successor, issuance of a permit is deosirnbleo .and in the public interest.

14. In casP of chan~feo of address, the permittee shall immediately notify the forest supervisor • . 15. Tht> tPmporary use and oct;upancy of the premises and improvements herein described may be sublet

hy thr pPrmittPP to third parties only with the prior written approval of the forest supervisor but the per­mittrr ~linll C'ontinue to be responsible for compliance with all conditions of this pennit by persons to whom ~ud1 p1'Pmisf'8 mny bE> .sublet.

I h. This pPrmit may bto ttorminattod upon breach of any of the conditions herein or at the discl"'!tion of the r·,•ainnul fnrP~tPr nr thr Chirf. Forest S@rvice.

17. In I ht• t•n•nt of ony l·onflict between any of the preceding printeodclauses or any provisions thereof and any uf tlu• fnllowinft "lnu.st.>s or any provisions thereof, the lbllowing clauses will control

18. Service Charge

rage 3 Arrotihead Purit.ns, Inc. System, Supply (916)

A service charge in addition to the regular fees shall be mnde f.or failure to meet the fee payment du~ date or any of the ~ates spec­ified for submission of statements required for fee calculation. The service charge shall be one (1.0) percent per month of the fee from the date statement and fees were due or $15, whichever is greater. If a due date falls on a nonworkday, the service charge will not apply until the end of the next workday.

Service Fee for Issuance of New Permit

A service fee of twenty-five dollars ($25.00) will be charged for issuaDce of a new permit as a result of any change of otmership.

19. Nondiscrimination, Services

During the performance of this permit, the permittee agrees:

a. In connection with the performance of work under this permit. including construction, maintenance, and operation of the facility, the permittee shall not discriminate against any employee or applicant for employment because of race, color, religion, sex, or national origin.

b. The permittee and his employees shall not discriminate by segregation or otherwise against any person on the basis of race, color, .. religion, sex, or national origin by curtailing or refusing to furnish accommodations, facilities, services, or use privileges offered to the public generally.

c. The permittee shall include and require compliance with the above nondiscrimination provisions in any subcontract made with respect to the operations under this permit.

d. Signs setting forth this policy of nondiscrimination to be f~rnished by the Forest Service will be conspicuously displayed at the public entrance to the premises, and at other exterio~ or interior locations as directed by the Forest Service.

20. Indemnification of United States

The permittee shall indemnify the United States ngainst auy liability for damage to life or property arising from the occupancy or use of National Forest lands under this permit.

Page 4 Arrowhead Puritas, Inc. System, Suppl~·, (916)

21. Esthetics

The permittee shall protect the scenic esthetic values of the area under this permit, and the adjacent land, as far as possible with the authorized uae, during construction, operation, and maintenance of the improvements.

22. Erosion Control

24.

The permittee shall be responsible for the prevention and control of soil erosion and gullying caused by permittee either directly or indirectly, on the ~ea covered by this permit and lands adja­cent thereto, and shall provide preventive measures as required by the Forest Service.

Permit Termination

Unless sooner terminated or revoked in accordance with visions of the··:permit, this permit shall expire and """""~--upon issuance of a new authorization or one er publication of regulations by the Secretary of A ure under the provisions of Title V, P. L. 94-579, wbic comes first, but a new authorization to occu use the same National Forest land will be issued ed the permittee will comply with the then-axisti es and regulations governing the occupancy and use

ational Forest lands.

Rishts Reserved

The land herein described is subject to certain rights reserved by or outstandins in parties other than the United States, and nothing herein shall abridge said rights or authorize prevention or ob­struction of the reasonable exercise thereof.

25. Area Access

The permittee agrees to permit the free and unrestricted access to and upon the premises ,t all times for all lawful and proper

'purposes not inconsistent with the intent of the permit or ~:th the reasonable exercise and enjoyment hy the permittee of the privileges thereof.

26. Water Rishte

This permit confers no right to the use of water by the permittee.

·.

27. Risk and Hazards

Page 5 Arrowhead Puritas, Inc. System • Supply (916)

Avalanches, rising waters, high winds, falling ltmbs or trees, and ather hazards are natural phenomena in the forest that present risks· to the permittee's. property which the permittee assumes. The permittee has the responsibility of inspecting his site, lot, riaht-of-way and tmmediate adjoining area for danaeroua tr·eea, hangina l:lmbs and o·ther evidence of hazardous conditions aDd, after securing permission from the Forest Service, of removin& such hazards.

28. Superseded Permit

This permit supersedes a special-use permit designated:

Arrowhead aDd Puritas Inc. System, Supply 7/21/76 issued by Doug MacWilliams Forest Supervisor

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ARROWHEAD PURITAS WATeRS, INC.

(916) SYSTEM & SUPPLY

-- LEGEND --

PIpe I i ne ---- - - - - _

Trail ········~ •• ·••••·

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Sprl ng/We II p,(Je /,:.,('. -.-.-.

i.·· 'T: I t @0 tvb., rf) ~,t.!. fle 1:rJ h·Jre,.,-o June 1976 AWHess

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.·ntt•d Slet•• b•pllll••nl Df Asd•ull- • ·-·-(1·21 II. Aeelen !) •· P•re•• (HI F ........ ,.,lL•

Act of Oct. 2lh 1976 (PL 94-579) 70 Q~ L~ --AMI OMIMT -d/ } FOR ,. "- oa ...... 17 .. , •• u ... --· ... 121 f. ICIIMI .. 111e (1~11)

SPECIAL USI PERMIT ~~ 7:ss n6 Rah PSM 2714 ---- ---

THIS AMINDMINT II ATTACMI!D TO AND MADIA "AliT •· , .... (16·171 1a. c-., (11·20) ... c ....... (21) OF' THI 06 an 1 0 TI!IUI !X) ANNUAL flliJIMIT -For System, 3upply (916) isaued to----

I IICIND ·~ ....... .,, I I Arrowhead £'Uritaa ~~aters, nc. 8 2 1978 -----~~~~--~~~~----~~----~~~~~~---------------,00--~~~~~~~--INAM• 0~ ...... ,.,.... IOATS: Of' Pl-l"fl

which is hereby amended u followa: change clause .t:J Permit Termination to read as follows:

11Unleaa sooner terminated or revoked by the Forest Service in accordance with the provisions of the permit, this permit shall, subject to annual revalidation by the Forest Service and payment of fees by the permittee, expire and become void on

8/2/1988 , but a new permit to occupy and use the same National Forest land may be granted provided the pe~ttee will comply with the then existing laws and regulations governiDs the occupancy and use of National Forest lands and shall have notified the Forest Supervisor not leas than 1 year prior to said date that such new permit is deaired."

This Amendment is accepted subject to the condition• set forth herein, 11nd to conditions =-=--=-=-===~toto ------------ a&&ached hereto and made • part of this AnMSndmeat.

PERMITTEE

ISSUING OFFICER

~iJP Y 1'011 DISTRICT RANGER

DAT&