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CDFW-35
~ @[§ffiv§~ Churchwell White t.L r ~
1 S 2017 j D urchwettwhite.com L _ 1 14 K Street. 3 ' Floor
cramen to , CA 9581'• C D F W r 916.1,68.0950 I F
9161,68.0951
REDDING OF FICE
March 13. 2017
VIA Certified Mail
California Department of fish and Wi ldlife Northern Region -
Inland (Region I) LSA Program 601 Locust Street Redding. CA
96001
erry A rutter T 916.1,68.0620 [email protected]
Re: Marble Mountain Ranch Diversion Lake or Strcambed Alteration
Noti lication
Dear Sir or Madam:
Please find enclosed a Lake or Streambed Alteration Notification
for the di version at Marble Mountain Ranch owned and operated by
Douglas and Heidi Cole. Please contact Barbara Brenner at
[email protected] or (9 16) 468-0625 or Kerry Fu ller a l
[email protected] or (9 16) 468-0620 with any
questions.
Regards,
Churchwell White LLP
Enclosure
ICW025245.1 J
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CDFW-35
State of California - Department of Fish and Wildlife
NOTIFICATION OF LAKE OR STREAMBED ALTERATION FISH AND GAME CODE
SECTION 1602 OFW 2023 (REV 10/01 /16) Page 1
FOR DEPARTMENT USE ONLY
Date ReceM·d I Amount ReceNed I Amount Du~ Dal~ Complete .'3-) S
11 Sv1.oo .
Assigned to I _::lc:w{l~ n . .u:r
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CDFW-35
State of California - Department of Fish and Wildlife
NOTIFICATION OF LAKE OR STREAMBED ALTERATION FISH AND GAME CODE
SECTION 1602 DFW 2023 (REV. 10/01/16) Page 2
5. AGREEMENT TYPE
Check the applicable box. If box B, C, D, E, or F is checked,
complete the specified attachment.
A. Ostandard (Most construction projects. excluding the
categories listed below)
B. 0Gravel/Sand/Rock Extraction (Attachment A) Mine I.D.
Number:
C. 0Timber Harvesting (Attachment B) THPNumber: ··-·- .. . ....
-- ---· -· .. ·--·--- --
D. Gwater Oiversion/Extraction/lmpoundment (Attachment C) SWRCB
Number: S016375
E. 0 Routine Maintenance (A ttachment 0)
F. D Remediation of Marijuana Cultivation Sites (Attachment E) .
... ___
G. D Department Grant Programs Agreement Number:
-
... ,.- .. -H. 0 Master
·- - - -
I. 0 Master Timber Operations -----·
6. FEES
See the current fee schedule to detennine the appropriate
notification fee. Itemize each project's estimated cost and
corresnnndlna fee. Note: The Department may not proceu thl•
notmcatlon until the cofTDct fee has boon received.
A. Project B. Project Cast C. Project Fee
1 Marble Mountain Ranch Diversion
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CDFW-35
State of California - Department of Fish and Wildlife
NOTIFICATION OF LAKE OR STREAMBED ALTERATION FISH AND GAME CODE
SECTION 1602 DFW 2023 (REV 10/01/16) Page 3
7. PRIOR NOTIFICATION AND ORDERS
A. Has a notification previously been submitted to, or a Lake or
Streambed Alteration Agreement previously been issued by, the
Department for the project described in this notification?
0 Yes (Provide the information below) 0No
Applicant Notification Number Date
Douglas T. Cole 99-0040 April 28, 1999
8. Is this notification being submitted in response to a court
or administrative order or notice, or a notice of violation (NOV)
issued by the Department?
tJ No O ves (Enclose a copy of the order. notice, or NOV. If the
applicant was directed to notify the Department verbally rather
than in writing. identify the person who directed the applicant to
submit this notification and the agency he or she represents, and
describe the circumstances relating to the order.)
O continued on additional page(s)
8. PROJECT LOCATION
A. Address or description of project location.
(Include a map that marks the location of the project with a
reference to the nearest city or town, and provide driving
directions from a major road or highway)
The project is located on Stanshaw Creek about 0.87 miles
upstream of the con fluence with the Klamath River and about 8
miles north of Somes Bar.
O cont111ued on additional page(s)
8. River, stream, or lake affected by the project. l Stanshaw
Creek C. What water body is the river, stream, or laJce tnbutary
to? I Klamath River -- -
.....
D. Is the river or stream segment affected by the project risted
in the 0 Yes t) No O unknown state or federal Wild and Scenic
Rivers Acts?
I Siskiyou ·- ··-- --··· E. County F. USGS 7.5 Minute Quad Map
Name I G. Township H. Range I. Section J. X Section Bark Shanty
Gulch. CA I 13N 6E 33 NW
; -l I -- (
I ·-0 Continued on additional page(s)
I ·-.. , -- - -
K. Meridian (check one) 0 Humboldt 0 Mt. Diablo O san
Bernardino
L. Assessor's Parcel Number(s)
U.S. Forest Service Land
~ ~-·-·-····-······-----O continued on additional page(s)
A --·---~·--- - ·-
I
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CDFW-35
State of California - Department of Fish and Wildlife
NOTIFICATION OF LAKE OR STREAMBED ALTERATION FISH AND GAME CODE
SECTION 1602 DFW 2023 (REV. 10/01 /16) Page 4
M. Coordinates (If available, provide at least
latitude/longitude or UTM coordinates and check appropriate
boxes)
Latitude: 42.472346N I Longitude: 123.50418W
Latitude/longttude
Goegrees/Minutes/Seconds 0 Decimal Degrees Ooecimal Minutes -,
UTM Easting: Northing: O zone 10 Ozone 11
Datum used for Latitude/longitude or UTM 0 NAO 27 0 NAD 83 or
WGS 84
9. PROJECT CATEGORY
NEW REPLACE REPAIR-MAINTAIN-OPERA TE WORK TYPE
CONSTRUCTION EXISTING STRUCTURE EXISTING STRUCTURE
Bank stabilization - bioengineeringlrecontouring D D D Bank
stabilization - rip-rap/retaining wall/gabion D D D Boat dock/pier
D D D - - -~ ----Boat ramp D D D Bridge D D D Channel
clearing/vegetation management D D D ---- -· Culvert D D D Debris
basin D D D Dam D D D -Filling of wetland, river, stream, or lake D
D D Geotechnical survey D D D Habitat enhancement -
revegetation/mitigation D D D Levee D D D Low water crossing D D D
Road/trail D D D Sediment removal: pond, stream, or marina D D D
--- - --
flood control D D D Storm drain outfall structure D D D --
·-Temporary stream crossing D D D Utility crossing· horizontal
directional drilling D D D
jack/bore D D D open trench D D D
Water diversion without facil ity D D 0 Water diversion with
facility D D D Other (specify): D D D
I
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CDFW-35
State of California - Department of Fish and Wildlife
NOTIFICATION OF LAKE OR STREAMBED ALTERATION FISH AND GAME CODE
SECTION 1602 DFW 2023 (REV. 10/01 /16) Page 5
10. PROJECT DESCRIPTION
A. Oescnbe the project in detail. Include photographs of the
project location and immediate surrounding area.
- Written description of all project activities with detailed
step-by-step description of project implementation.
- Include any structures {e.g., rip-rap, culverts) that will be
placed or modified in or near the stream, river, or lake, and any
channel clearing.
- Specify volume, and dimensions of all materials and features
(e.g., rip rap fields) that will be used or installed.
- If water will be diverted or drafted, specify the purpose or
use.
- Enclose diagrams, drawings, plans, and maps that provide all
of the following: site specific construction details; dimensions of
each structure and/or extent of each activity in the bed, channel,
bank or floodplain; overview of the entire project area (i.e.,
•bird's-eye view") showing the location of each structure and/or
activity, significant area features, stockpile areas, areas of
temporary disturbance, and where the equipmenUmachinery will access
the project area.
The project diverts water from Stanshaw Creek to Marble Mountain
Ranch for irrigation , recreation , domestic, and small
hydro-electric use. The activities that will occur near Stanshaw
Creek in order to divert water include: (1) maintenance and repair
of a hand stacked rock diversion to entrain flows into a diversion
ditch and (2) maintenance of an existing culvert/flume crossing on
an unnamed ephemeral . stream that is tributary to Stanshaw Creek.
The hand stacked diversion as well as the culvert/flume crossing
are inspected and maintained on an ongoing basis to ensure that the
diversion works are in proper working order. Maintenance and repair
work does not introduce non-native materials into Stanshaw Creek
and typically occurs following storm events that disrupt the
existing diversion works. Photographs of the point of diversion
during a high flow and a low flow period are attached as Exhibit
A.
O con/inued on additional page(s)
B. Specify the equipment and machinery that will be used to
complete the project.
Hand tools such as shovels, picks and wheel barrows.
O continued on addtl!Onal page(s) ·----·
C. Will water be present during the proposed work period
(specified in box 4.0) in 0Yes D No (Skip to box 11) the stream,
river, or lake (specified in box 8.8).
0 . Will the proposed project require work in the wetted portion
0Yes (Enclose a plan to divert water around work site) of the
channel? 0No
..
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CDFW-35
State of California - Department of Fish and Wildlife
NOTIFICATION OF LAKE OR STREAMBED ALTERATION FISH AND GAME CODE
SECTION 1602 DFW 2023 (REV. 10/01/16) Page 6
11. PROJECT IMPACTS
A Descnbe impacts to the bed, channel, and bank of the river,
stream, or lake, and the associated riparian habital Specify the
dimensions of the modifications in length Oinear feet) and area
(square feet or acres) and the type and volume of material (cubic
yards) that will be moved, displaced, or otherwise disturbed, if
applicable.
There is no impact to the bed, banks, and channel of Stanshaw
Creek. The rocks to be stacked to divert water to Marble Mountain
Ranch are part of the existing stream that are realigned to form a
diversion structure. The culvert/flume crossing are currently
existing infrastructure that are maintained in compliance with
Marble Mountain Ranch's water right.
D Continued on additional page(s)
B. Will the project affect any vegetation? 0Yes (Complete /11e
tables below) GNo (Include aerial photo with date supporting this
determination)
Veoetation Tvoe Temporary Impact Permanent Impact
Linear feet: Linear feet:
Total area: Total area:
Linear feet: Linear feet:
Total area: Total area:
Tree Species Number of Trees to be Removed Trunk Diameter
(ranqe)
D Continued on additional page(s) C. Are any special status
animal or plant species, or habitat that could support such
species, known to be present on or
near the project site?
0Yes (List each species and/or describe the habitat below) 0 No
0 Unknown
O con/inued on additional page(s)
D. Identify the source(s) of Information that supports a wyes"
or "no• answer above in Box 11 .C.
O continued on additional page(s) . E. Has a biological study
been completed for the project site?
0Yes (Enclose the biological study) 0No
Note: A biological assessment or study may be required to
evaluate potential project impacts on biological resources.
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CDFW-35
State of California - Department of Fish and Wildlife
NOTIFICATION OF LAKE OR STREAMBED ALTERATION FISH AND GAME CODE
SECTION 1602 DFW 2023 (REV. 10/01/16) Page 7
F. Has a hydrological study been completed for the project or
project site?
O ves (Enclose the hydrological study) 0 No
Note: A hydrological study or other infom1ation on site
hydraulics (e.g., flows, channel characteristics, and/or flood
recurrence inteNals) may be required to evaluate potential project
impacts on hydrology.
G. Have fish or wildlife resources or waters of the state been
mapped or delineated on the project site?
0Yes (Enclose the mapped results) D No Note: Check ·yes· if fish
and wildlife resources or waters of the state on the project site
have been mapped or delineated. "Wildlife' means and includes all
wild animals, birds, plants, fish, amphibians, reptiles and related
ecological communities, including the habitat upon which the
wildlife depends." (Fish & G. Code, § 89. 5.) If ·yes" is
checked, submit the mapping or delineation. If the mapping or
delineation is in digital fonna/ (e.g., GIS shape files or KMZ),
you must submit the information in this fon11at for the Department
to deem your notification complete. If ·no" is checked. or the
resolution of the mapping or delineation is insufficient, the
Department may request mapping or delineation (in digital or
non-digital fonnat), or higher resolution mapping or delineation
for the Department to deem the notification complete.
12. MEASURES TO PROTECT FISH, WILDIFE, AND PLANT RESOURCES
A. Describe the techniques that will be used to prevent sediment
from entering watercourses during and after construction.
Sediment does not enter the watercourse during or after the hand
stacking of rocks that are already present in the streambed. The
maintenance and repair work is based on the materials that are
available in Stanshaw Creek; it does not add to the existing
sediment in Stanshaw Creek while the work is being done.
0 Continued on additional page(s) B. Describe project avoidance
and/or minimization measures to protect fish, wildlife, and plant
resources.
While the rocks that form the diversion structure are stacked
and related maintenance activity is undertaken, water from Stanshaw
Creek may still pass to serve fish , wildlife , and plant resources
below Marble Mountain Ranch's point of diversion.
O continved on additional page(s)
C. Describe any project mitigation and/or compensation measures
to protect fish, wildlife, and plant resources.
Maintenance efforts typically coincide with the end of storm
events to ensure that any impacts to fish , wildlife , and plant
resources are avoided .
P C
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CDFW-35
State of California - Department of Fish and Wildlife
NOTIFICATION OF LAKE OR STREAMBED ALTERATION FISH AND GAME CODE
SECTION 1602 DFW 2023 (REV. 10/01 /16) Page 8
13. PERMITS
- List-any-local, State, and federal permits required-for the
project and check-the corresponding box(es). Encloseacopy oL each
permit that has been issued.
A. United States Forest Service
B.
C.
0Applied 0 issued
0Applied 0 1ssued
0 Applied 01ssued
D. Unknown whether Oiocal, O s tate, or Otederal permit is
needed for the project. (Check each box that applies)
O continued on additional page(s) j
14. ENVIRONMENTAL REVIEW
A. Has a draft or final document been prepared for the project
pursuant to the California Environmental Quality Act (CEQA) and/or
National Environmental Protection Act (NEPA)?
0Yes (Check the box for each CEQA or NEPA document that has been
prepared and enclose a copy of each )
t)No (Check the box for each CEQA or NEPA document listed below
that will be or is being prepared.)
r ---! 0Notice of Exemption 0 Mitigated Negative Declaration D
NEPA document (type): I I 01nitial Study 0Environmental Impact
Report
0Negative Declaration 0Notice of Determination (Enclose)
0THP/ NTMP 0Mitigation. Monitoring, Reporting Plan --
B. State Clearinghouse Number (if applicable)
C. Has a CEQA lead agency been determined? 0Yes (Complete boxes
D, E, and F) 0 No (Skip to box 14.G)
D. CEQA Lead Agency
E. Contact Person I F. Telephone Number I G. If the project
described in this notification is not the "whole project" or action
pursuant to CEQA, briefly describe the
entire oroiect (Cal. Code Reas. tit. 14. & 15378).
0 Continued on additional page(s)
H. Has a CEQA filing fee been paid pursuant to Fish and Game
Code section 711.4?
0 Yes (Enclose proof of payment) 0No (Briefly explain below the
reason a CEQA filing fee has not been paid)
Note: If a CEQA filing fee is required, the Lake or Streambed
Alteration Agreement may not be finalized until paid.
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CDFW-35
Mar041709:53a Doug Cole
Stem of Callfomia - Depar1menl of Rah and Wik!life NOTIFICATION
OF LAKE OR STREAMBED ALTERATION FISH AND GAME CODE SECTION 1602 CFW
2023 (REV. 10/01/16) Page 9
15. SITE INSPECTION
Check one box cn]y.
5304693321 p.1
D1n the event the Department determines lhat a site Inspection
Is neoessa,y, l hereby authorize a Department representative to
enter the property where the pioject described In lhia notlflcatlon
wlll take place at any reasonable time, and hereby certify that I
am authorized to grant the Department such entry.
EJ I request the Department lo first contact (Insert name)
..;881b~ara_A._Bre_nner ____________ _ at (Insert tslephone number)
(916) 488-0950 to sdledule a date and time lo enter the property
where the project described In this notification wtll take place. I
unclerstand that Utls may delay the Department's determination as
to whether a Lake or Straambed Alteration .Agreement is required
and/or Iha Department's Issuance of a draft agreement pursuant lo
this notlflcatlon.
16. DIGITAL FORMAT
I& any of the Information Included as part of the
notification available In dfgltaJ format Q.e., CD, DVD, etc.)?
Dves (Please enclose the information via dlgi1al media with the
completed notfflcatton fonn) EINo
11. SIGNATURE
I hereby certify that to the best of my knowfedge the lnbmation
In thia notiflcallon Is lrue and ODm!Cl and that I am authorized lo
sign this notification as, or on behalf of, the apptlcanL I
understand that if any lnfonnatfon k'I this notllcatlon ls found ID
be untrue or lncomtd, the Department may suspend processing thla
notffic:atlon or suspend or AM>ke any draft or final Lake or
Stream bed Alteration Agreement Issued pursuant to this
notification. I understand also that if any infonnatlon In this
notification is found lo be untrue or Incorrect and lhe project
described In this notification has already begun, I andior the
appllcant may be subject to clvtl or a1mfnal prosecution. I
understand that this notification applies only to lhe project(s)
described herein and that I and/or the applicant may be subject to
civil or criminal prosecution for undertaking any project not
described heraln unless the Department has been separately notified
or that project In accordance with Fish and Game Code section 1602
or 1611.
Douglas T. Cole
PfintName
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CDFW-35
State of California - Department of Fish and Wildlife
NOTIFICATION OF LAKE OR STREAMBED ALTERATION WATER
DIVERSION/EXTRACTION/IMPOUNDMENT -ATTACHMENT C DFW 2023C (REV.
10/01/16) Page 1
Applicant Name: _D_o_u-"'g_la_s_T_. _C_o_le _ __________ _ _
Project Name: Marble Mountain Ranch Diversio
ATTACHMENT C
Water Diversion/Extraction/lmpoundment
Complete this attachment if the project is directly related to
any diversion. obstruction, extraction. or impoundment or the
natural flow of a river, stream. or lake. Provide the number
assigned to the State Water Resources Control Board (SWRCB)
application, permit, license, registration, statement or d
iversion, and use, or other authorization to divert. extract, or
impound water, if applicable. If you have a cu rrent or expired
Lake or Streambed Alteration Agreement (Agreement) for some
activity related to your project, p rovide the Agreement number in
your project description below and attach this form, with the
information requested on one or more separate pages, to the
notification form (DFW 2023).
I. Diversion or Obstruction
A. Attach plans of any d iversion or water storage structure or
facility that will be constructed or if no structures or facilit
ies will be constructed, photographs of the project site, including
any existing facil ities or structures .
B. Please complete the water use table below. For diversion
rate, use gallons per day (gpd) if rate is less than 0.025 cubic
foot per second (cfs) (approximately 16,000 gpd).
SEASON OF DIVERSION AMOUNT USED (acre feet)
BEGINNING PURPOSE OF USE DIVERSION RA TE
FROM BY DIVERSION DATE ENDING DATE (cfs or gpm) STORAGE
(Mo. & Dav) (Mo. & Day)
Jan. 1 Dec. 31 domestic, hydro-electric 3ds
C. Attach a topographic map that is labeled to show the
following:
1. Source of the water
2. Points of diversion
3. Areas of use
4. Storage areas
D. Specify the maximum instantaneous rate of withdrawal (using
proposed equipment) in cubic feet per second (cfs) or gallons per
minute (gpm).
The maximum instantaneous rate of withdrawal via the Marble
Mountain Ranch diversion is 3 cfs.
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CDFW-35
State of California - Department of Fish and Wildlife
NOTIFICATION OF LAKE OR STREAMBED ALTERATION WATER
DIVERSION/EXTRACTION/IMPOUNDMENT - ATIACHMENT C DFW 2023C (REV
10101 116) Page 2
E. Check each box below that applies to the project water rights
and attach supporting documents.
0 Riparian. Attach the most recent Statement of Water Diversion
and Use filed with the SWRCB.
0 Diversion for immediate use.
0 Diversion to storage (for less than 30 days).
0 Appropriative. 0 Pre-1914. Allach the most recent Statement of
Water Diversion and Use filed with SWRCB.
D Post-1914. Attac/1 a copy of the applicant's water right
application, permit, or license filed with or issued bySWRCB.
D Small domestic, livestock stockpond. or small irrigation use
registration. Attach a copy of the applicant's registration of
water use form filed with, or registration certificate issued by.
SWRCB (See Water Code section 1228 et seq.).
D Diversion for immediate use.
D Diversion to storage.
0 Purchased or contracted water. Attach a copy of the applicant
's contract or letter from the applicant's water provider.
D Other. Describe below or attach separate page.
F. Approximate lowest level of flow in the river, stream, or
lake at the point of diversion during the proposed season of
diversion in gpm or cfs:
The lowest level of flow in Stanshaw Creek, from which the Coles
divert water nears 3 cfs of water. However, during the low flow
periods, the Coles reduce the amount of water they divert to comply
with a recommended bypass flow from the National Marines Fisheries
Service.
G. Other information. After the Department reviews the project
description, and based on the project's location and potential
impacts to fish and wi ldlife resources, the Department will
determine if additional information is needed before accepting the
notification as complete. Such information could include more
site-specific information to ensure that the terms and conditions
in the Agreement issued to the applicant will be adequate to
protect the fish and wildlife resources the diversion or
obstruction could adversely affect. Site-specific information could
include biological or hydrological studies or surveys based on the
season of diversion, the location of the diversion relative to
other diversions in the watershed, the method of diversion, and the
quantity of water to be diverted, such as the following:
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CDFW-35
State of California - Department of Fish and Wildlife
NOTIFICATION OF LAKE OR STREAMBED ALTERATION WATER
DIVERSIONIEXTRACTION/IMPOUNDMENT -ATTACHMENT C DFW 2023C (REV
10/01/16) Page 3
1. Wafer Availability Analysis to determine if the water can be
diverted without causing substantial adverse effects on downstream
fish and wildlife resources. Water availability analyses are based
on a comparison of flows without any diversions (unimpaired flows)
and flows available when all known diversions are "subtracted"
(impaired flow_s).
2. Ins/ream Flow Study to determine the minimum bypass flows
needed and maximum rates of withdrawal possible to provide adequate
depths and velocities to protect habitat for all life stages of
aquatic resources. The study plan must be prepared by a qualified
fisheries biologist and approved by the Department. will determine
the effects of the proposed diversion on flow depth and
velocity.
3. Water Quality Study to assess the effects of the proposed
water diversion or impoundment on water temperature and water
quality at and downstream from the point(s) of diversion.
II. Permanent or Temporary Reservoir
Please provide the information below if the project includes the
construction of a reservoir. whether permanent or temporary. and/or
the filling of an existing reservoir by diverting or obstructing
the flow of a river, stream. or lake.
A. Proposed use of the stored water:
B. Construction plans for the reservoir and dam. (Attach
plans)
C. A complete description of the reservoir and dam, including
the methods and materials that will be used to construct the
reservoir and dam and the following dimensions certified by a
licensed professional: the width , length. depth. and total surface
area of the reservoir pool; the volume of water in acre-feet that
will be stored in the reservoir; and the height and length of the
dam.
D. The amount of riparian land that will be inundated (i.e.,
upstream from the dam) :. ___________ _
E. Where vehicles will enter and exit the project site during
construction and for maintenance purposes after construction.
(Attach map)
F. The maximum distance of the disturbance that will occur
upstream and downstream during construction :
G. The methods employed to ensure that the flow is maintained
below the dam at all times when water is being diverted into the
reservoir:
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CDFW-35
State of California - Department of Fish and Wildlife
NOTIFICATION OF LAKE OR STREAMBED ALTERATION WATER
DIVERSION/EXTRACTION/IMPOUNDMENT - ATTACHMENT C DFW 2023C (REV
10101116) Page 4
H. Specify the time period when the area below the dam becomes
dry, if at all.
I. The methods employed to ensure that adult and juvenile fish
will be able to pass over or around the dam:
J . If a fish ladder is necessary to enable adult and juvenile
fish to pass over or around the dam, provide construction plans and
an operation plan for the fish ladder. (Enclose, if applicable)
K. The methods employed to monitor and maintain water quality
(including temperature) within the reservoir :
Ill. Temporary Reservoir
Please provide the information below if the project includes the
construction of a temporary reservoir only within the stream
zone.
A. Date of dam installation:--------------------------------
8. Date of dam removal:---------------------------------
C. Amount of time it will take to construct the dam:
_______________________ _
D. Amount of time it will take to remove the
dam:------------------------
E. Methods to ensure that the reservoir pool will be drained in
a manner that does not strand or otherwise harm fish :
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CDFW-35
[SUMMARY OF FINAL SUBMITTED VERSION]
SUPPLEMENTAL STATEMENT OF WATER DIVERSION AND USE FOR 2013
1. Water Is used under 2. Year of first use
Primary owner: Marble Mountain Ranch Statement Number: S016375
Date Submitted: 08/08/2014
Pre-1914 Claim 1860
34. Maximum Rate of Diversion for each Month and Amount of Water
Diverted and Used
Rate of diversion Amount directly diverted or Amount
beneficially used Month {CFS) collected to storage (Gallons)
(Gallons) January 3 58200000 10000000 February 3 58200000 10000000
March 3 58200000 10000000 April 3 58200000 10000000 May 3 58200000
20000000 June 3 58200000 20000000 July 2 48500000 20000000 August 2
48500000 20000000 September 3 43600000 20000000
October 3 58200000 10000000 November 3 58200000 10000000
December 3 58200000 10000000
Total 664400000 170000000
Comments
5. Water Diversion Measurement
a. Measurement Water directly diverted and/or diverted to
storage was measured b. Types of measuring devices used Other:
Swoffer digital flow meter
Additional technology used Flow Totalizer c.
Description of additional technology used As well as Swoffer
digital flow meter
d. Who installed your measuring devlce(s) Representative who is
American Water Works Association (AWWA)-certified
e. Make, model number, and last calibration date of your Swoffer
2100, last calibrated 5/29/2013 measuring devlce(s) Why direct
measurement using a device listed In Section
f. 1 is •not locally cost effective•
Explanation of why use of devices and technologies listed in
Section 1 are "not locally cost effective" Method(s) used as an
alternative to direct measurement
g. Explanation of method(s) used as an alternative to direct
measurement
6. Purpose of Use Domestic 12-50 persons seasonally, 2 acres
lawn and garden
Irrigation 10 Acres Stockwatering 20-24 horses, 4 goats, 6 dogs,
?cats, 24 chickens, 4 rabbits
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CDFW-35
!Other !pond, pool, and hot tub
7. Changes In Method of Diversion No significant changes other
than routine canal maintenance and ongoing improvement to carry
capacity to reduce canal line loss.
8. Conservation of Water Are you now employing water Yes
conservation efforts?
Our conservation efforts are focused on targeting loss of
carried water. We have done rehabilitation of the canal berm,
installed culvert linings in sections, and have also
a. Describe Improved Irrigation efficiency by continuing to
transition to sprinkler irrigation Instead of the any water
historical direct flooding method. We have also Installed more
efficient appliances and conservation light fixtures in all the
cabins to reduce electrical consumption. Canal areas with signs of
efforts you seepage are gradually being lined with half culverts.
The primary beneficial use of the have diverted water is power
production (non-consumptive), followed by domestic and initiated
agricultural consumption of diverted water. During the drier months
of July and August,
we voluntarily reduced our diversion rate due to the drought,
without waiving any water rights.
Amount of water Acre-Feet conserved I have data to support
b. the above surface water use reductions due to conservation
efforts.
9. Water Quality and Wastewater Reclamation Are you now or have
you been using reclaimed water from a wastewater treatment
facility,
a. desalination facility, or water polluted by waste to a degree
which unreasonably affects such water No for other beneficial
causes? Amount of reduced diversion Type of substitute water
supply
b. Amount of substitute water supply used I have data to support
the above surface water use reductions due to the use of a
substitute water supply
10. Conjuctive Use of Surface Water and Groundwater a. Are you
now using groundwater in lieu of surface water? No
b. Amount of groundwater used I have data to support the above
surface water use reductions due to the use of groundwater.
11a. Additional Remarks
Attachments FIie Name I Description I Size
No Attachments
Contact lnfonnatfon of the Person Submitting the Fonn
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CDFW-35
First Name Douglas Last Name Cole Relation to Water Right
Dlverter of Record The Information in the report is true to the
best of his/her knowledge and belief Yes
-
CDFW-35
1038392.l }
Marble Mountain Ranch Map of Diversion
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CDFW-35
Point of Diversion Color Photographs
I . Point or Diversion during higher !lows February 20 I 5
2. Point of Diversion during lower fl ows September 20 I 6
{CW03839 l.1}
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CDFW-35
State of California - Department of Fish and Wildlife
NOTIFICATION OF LAKE OR STREAMBED ALTERATION ROUTINE
MAINTENANCE-ATTACHMENT D DFW 2023D (REV. 12/20/16) Page 1
Applicant Name: _o_o_ug_la_s_T_. c_o_le ______________ _
Project Name: Marble Mountain Ranch Diversion
ATTACHMENT D
Routine Maintenance
Complete this attachment only when notifying for routine
maintenance activities that will be recurring over the term of the
agreement, such as maintaining a number of existing private or
public facilities, including but not limited to canals, channels,
culverts, and ditches. Submit this form with the completed
notification form (DFW 2023).
I. REGULARLY RE-OCCURRING MAINTENANCE ACTIVITIES Check all that
a
G Sediment removal (0 concrete-lined lake or stream or G earthen
lake or stream): G In and around bridges, culverts, storm drain
outlets, and/or water diversion structure D Stream channel bed D
Stream channel bank(s) D Pond or lake D Marina basin D Detention
basin D Boat launch channel D Other: ______________________________
_
Method (heavy equipment, suction dredge, etc.) - specify: hand
tools such as shovels, picks, and wheelbarrows
Estimated total cumulative sediment volume removed
annually:------------------
Estimated total cumulative area impacted by sediment removal
annually:. ______________ _
Estimated recurrence frequency for sediment
removal:---------------------
0 Vegetation management: D Limbing and/or trimming of branches
and tree limbs D Removal under high power lines
G Removing fallen trees D Removing dead (not dormant) trees and
shrubs
D Stump left intact D Stump
removal-specify:---------------------------
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CDFW-35
State of California - Department of Fish and Wildlife
NOTIFICATION OF LAKE OR STREAMBED ALTERATION ROUTINE
MAINTENANCE-ATTACHMENT D DFW 20230 (REV. 12/20/16) Page 2
D Removing vegetation (e.g., bulrush and cattails) from stream
channel bed with: D Non-motorized hand tools D Mechanical
vegetation cutters, shredders, string trimmers (a.k.a.
weed-whacker, weed-whip), chainsaws D Mowing D Heavy equipment
(soil disturbance) D Herbicide - specify chemicals and attach
application plan: ----------------D
Other:------------------------------
0 Removing vegetation from bank with: 0 Non-motorized hand tools
D Mechanical vegetation cutters, shredders, string trimmers (a.k.a.
weed-whacker, weed-whip), chainsaws
D Mowing D Heavy equipment (soil disturbance) D Herbicide -
specify chemicals and attach application plan:----------------D
Other:------------------------------
0 Removing only non-native vegetation with: D Non-motorized hand
tools D Mechanical vegetation cutters, shredders, string trimmers
(a.k.a. weed-whacker, weed-whip), chainsaws D Mowing 0 Heavy
equipment (soil disturbance) D Herbicide - specify chemicals and
attach application plan: ----------------
0 Other:-----------------------------0 Vegetation and brush pile
burning - specify burn location: ------------------D Other
vegetation management:---------------------------
Estimated total linear feet of vegetation removed
annually:--------------------
Estimated total cumulative area impacted by vegetation
management annually: ____________ _
Estimated recurrence frequency for vegetation management:
-------------------
Intentionally Left Blank
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CDFW-35
State of California - Department of Fish and W ildlife
NOTIFICATION OF LAKE OR STREAMBED ALTERATION ROUTINE MAINTENANCE -A
TI ACHMENT D DFW 2023D (REV. 12/20/16) Page 3
D Existing facilities: D Erosion within existing facilities and
easements
D New erosion repair D Repair at existing erosion control
sites
D Other: _____________________________ _
D Road maintenance (e.g. repair or re-grade) of existing rights
of way D Minor bridge work - D work from bank or D work in-channel
(describe on a separate page if the work requires dewatering):
D Reinforcing pilings D Reinforcing aprons D Painting (access
and falsework)
D Paint removal - specify method:-------------------------0
Other: _____________________________ _
Specify materials and equipment:---------------------------
0 Minor culvert repair: D Repairing wingwalls within existing
footprint D Repairing scour protection within existing footprint -
provide detail:
0 Other: Repairs of a culvert/flume crossing within its existing
footprint D Maintenance of stormwater outfalls and drop-inlet
culverts
D Erosion repair D Flow dissipaters
D Servicing of water quality monitoring stations, stream gages,
etc. D Boat launch repair D Graffiti removal and abatement from
bridges, culverts, and other instream structures 0 Removal of trash
and debris from:
D Within channels E] Head gates, screens, racks, pilings and
piers
D Other:------------------------------
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CDFW-35
State of California - Department of Fish and Wildlife
NOTIFICATION OF LAKE OR STREAMBED ALTERATION ROUTINE
MAINTENANCE-ATIACHMENT D DFW 20230 (REV. 12/20/16) Page 4
Location where trash and debris will be placed or discarded:
Leaves that are removed are placed along side the culvert/flume
0 Pesticide application: 0 Rodenticides - specify chemicals and
attach application plan: -----------------0 Insecticides - specify
chemicals and attach application plan:------------------Name of
Licensed Agricultural Pest Control
Advisor:----------------------
Estimated recurrence frequency for pesticide application:
--------------------
D Other type of routine maintenance activity (provide details
below):
II. MAP OR MAPBOOK
Attach a map of sufficient detail to assist in locating
maintenance sites, minimally including the following:
A. The applicant's jurisdictional boundaries within the project
area. B. All watercourses within the jurisdictional boundaries
where maintenance will occur. C. A key to identify each watercourse
(e.g. earthen or concrete lined) and the maintenance activities
(e.g. vegetation
removal, sediment removal, etc.) and location (e.g., bridges,
water control diversions, and large scale maintenance) of those
activities that are likely to occur.
Ill. SPECIAL STATUS SPECIES LOCATIONS
A drawing, diagram, and/or map that shows the applicant's
jurisdictional boundaries and the locations within that area where
special status species are known to exist.
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CDFW-35
Marble Mountain Ranch Notification of Lake or Stream bed
Alteration
Fish and Game Code Section 1602
Question 1 OD. Will the proposed project require work in the
wetted portion of the channel?
Maintenance and operation of the diversion will require work in
the wetted portion of the channel, but the work does not introduce
foreign material into Stanshaw Creek. The rocks used to create the
structure to entrain flow into Marble Mountain Ranch's diversion
are already present in Stanshaw Creek and are stacked within the
creek to direct water into the diversion. Therefore, diverting
water around the work is not required as no foreign material is
used in the rock stacking process or in maintenance of the existing
culvert/flume.
(CW03835S.1}
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CDFW-35
scOlde: 1S3 utborizatiou ID: HAP419 ntact Name: Mad>le
Moun1ain
IP.YT'rit'llttOD Date: 12/31/2019 SPECIAL USE PERMIT FOR
00'1'1'11"1'1NG AND GUJDING
FS-2700-4i (02/2009 0MB No. OS96-00
Authority: Fedenl Lands Recreation Enhancement Act, 16 U.S.C.
6802(b) ef. FSB 2709.11 sedion 41.53
·s pennit authorizes priority use outfitting and guiding for
manbcr up to 10 yean.
ble Mountain Guest Ranch of 92520 Highway%, Somes Bar, CA 9SS68
(heremafter UUte holder"), s hereby authorized to use and occupy
National Forest System Jaruis, subject to the terms and conditions
f this perm.it, to provide outfitting and guiding services within
the Happy Camp/ Oak Knoll & Scott iver / Salmon River Ranger
Districts of the Klamath National Forest, described as and as shown
on the ap of the authorized area, attached a., Appendix A The
abovc-de.scn"bed area shall be referred to as the
'1nmnit area.11
e pwpose of this permit is to authorize the following outfitting
and guiding activities:
roviding outfitting and guiding services for recreational
whitewater boating activities on the Klamath, Scott and Salmon
Rivers and sport fishing activities on the Klamath River.
· use will be exercised as described in the five-year or annual
operating plan.
e following appendices are attached to and made a part of this
permit
IX A - Map of Authorized Area PENDIX B -Fivo-yearor uun1al
Operating Plan. dated 05/01/2010 and approved armually
ENDIX C - Trip Itinerary- Trip Card PENDIX D - E.11:imated Fee
Determination Sheet, approved annually - Not Applicable
ENDIX E • Actual Use Report Format PPENDIX F • Authorized
Officer's Outfitter and Guide Performance Bvaluation Criteria
PEN DIX G • Other· Not Applicable
• AUTHORITY AND GENERAL TERMS OF THE PERMIT
. AUTHORITY. This permit is issued purauant to Federal Lands
Recreation Enhancement Act, 16
.S.C. 6802(h), and 36 CFR Part 251, Subpart B, as amended, uid
is subject to their provisions .
. AUTHORIZED OffiCER. The authorized officer is the Forest
Supervisor or a subordinate officer ' th delegated authority •
• TERM. This permit shall expire at midnight on 12/31/2019.
Expiration of this permit shall not · uire notice, a decision
docwneut, or any environmental analysis or other documentation.
1
e100 flnoo d9z:zL H lt uer
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CDFW-35
Jan 121712:42p Doug Cole 6304693321 p.7
. RENEW AL. This permit may be renewed upon expiration, provided
tho use is consistent with the ·cable forest land and resource
maD8gement plan, applicable law& and regulations, and the terms
of
• permit, and the holder has performed satisfactorily under ~s
permit, as demonstrated by acceptable ual performance reviews. If
the holder wants this pennit to be renewed, the holder mast notify
the orizcd officer in writing at least six months before this
perm.it eq,ires. The decision whether to issue
ru,w pennit to tho bolder is at the sole di&cretion of the
Forest Service. The authomed officer may u, .... .._.'be new terms
and conditions when a new pennit is issued .
• AMENDMENT. This permit may be amended in whole or in part by
the Forest Service when, at the 'scretion of 1he authorized
officer, such action is deemed necessary or desirable to
incorporate new
s that may be ttquired by law, regulation, directive, the
applicable forest 1and and resource anagemem plan, or projects and
adivitics implementing a land management plan pursuant to 36
CPR
15 .
• COMPLIANCE WITII LAWS, REGULATIONS, AND OTHltR LEGAL
REQUIREMENTS. ·exeteising the rights and privileges granted by this
permit, the bolder shall comply with all present an
future federal laws and regula1ioas and all pre.,ent and future
state, county, and municipal laws, ations, and other legal
requiremeots that apply to the pennit area, to the extent they do
not oonflic:t
' th fi:deral law, regulation, or policy. The F~reat Service
assumes no responsibility fur enforcing laws, egulations, and other
legal requirements that fitl1 under the jurisdiction of other
govc:mmental entities .
• NON-EXCLUSIVE USE. The use and occupancy authorized by this
permit are not ex.elusive. The orest Service reserves the right of
access to the permit area, including a continuing right of
physical
to the permit area for inspection, monitoring, or any other
purpose comment with any right or bligation of the United States
under any Jaw or regulation. The Forest Service reserves the risht
to low others to use the permit area in any way that is not
inconsistent with the holder's rights and 'vileges under this
permit, after consultation with all parties involved. Except for
any restrictions that e bolder and the authorized officer agree are
necessary to protect the installation and operation of
uthorized temporary improvements, the lands and waters covered
by this permit shall remain open to e public for all lawful
PUIPOSCS,
1. Notification. The holder shall notify the authoriied officer
when a change in control of the busineas 'tythat holds this pemtlt
is contemplated. Iflhe holder i9 a corporation, change in control
means the
ale or transfer of a con1rolling interest in the COl)Joration.
If the bolder is a partnership or a limited iability company,
change in control means the sale or transfer of a controlling
interest in the partnership
limited liability company. If the holder is an individual,
change in control means the sale or transfer o business to another
party .
• Termination. This pcanit is not transfcnble. Any change in
control of the business entity as defined in Jause I.H.1 shall
cause this permit to terminate upon issuance of a new pennit to
another party for the e and occupaney authorized by this permit.
The party who acquires cootn:il of the business entity must
ubmit an application for a permit for the type of use and
occupancy authorized by this permit. Issuance fa now permit lo the
party acquiring control shall be at the sole discretion of the
authorized officer. The
authorized offic.cr shall determine that the applicant meets
requirements lUlder federal rcgu]ations.
LIMITATIONS. Nothing in this permit gives or implies permission
to build or maintain any structure r facility or to conduct any
activity, wuess specifically provided for in this pennit. Ally use
not
ificall identified in this ermit muat be ed in accordance with
36 CFR 25 l .S4. A al of 2
-
CDFW-35
ch a proposal 1hrough issuance of a new pc:rmit or permit
amendment ia at the sole discretion of the orized officer.
I. OPERATIONS FfVE.. YEAR OPERATING PLAN. The S-year operating
plan, which shalJ be attached to this
emut as Appendix B, shall be submitted by the holder and
approved by the autborizz:d officer before th Ider conducts any
services authorized by this permit Tho holder shall prepare,
annually review, and · as needed the 5-year operating plan by date
beforo start of operating season, in consultation with
e authorized officer. At a minimum, the five-yeu operating plan
shall include (1) the season of use for thorized outfitting and
guiding activities, including the start and stop date of
operations; (2) limitations
n use established by the Forest Service (including fire
remictiona); (3) the fee calculation option to be ed and a
completed Estimated Fee Determination Sheet (appmdix D); and (4)
any of tbe following that
applicable: (a) a process for submitting trip itineraries
(appmdix C); (b) guidelines and limits 6:>r · 'dental grazing;
(c) location and layout of assigned site., to be usod for base,
spike, and drop camps or tber purposes; and (d) aufhoriz.ed
temporary improvements on National Forest System lands, including
schedule for their construction and removal .
. ITINERARY. The holder shaD submit an itinerary for each type
of trip .
• PERFORMANCE REVIEW AND EV ALU A Tl ON. The holder's compliance
with the tenns and nd:itions of this peon.it and file five-year or
annual operating pJan is subject to annual perfonnance
eview and evaluation by the authorized officer. The holder's
performance will be documented using the tter and Guide Perfcrmanco
Evaluation Criteria, Appendix. F .
. TEMPORARY IMPROVEMENTS. No peonanent improvements may be
comtrueled under this it. Temporary improvements with negligible
value, Sl1Ch as hitching po,ts, corrals, tent ftames, and
beltm, maybe approved by the authorized officer in the five-year
or annual operating plan. Plam and • sions to plans for desisn,
development, and layout of temporuy improvements must have prior
·tteo approval from the authori7.ed officer .
• PROBIBfflON ON ASSIGNMENT OF USE. The bold« may not usigo all
or part of the authorized use to others .
• PERFORMANCE OF SUPPORT SERVICES. As a general rule, Cle holder
shall conduct the day-o-day activities authorized by this pennit.
Activities that support the use authorized by this permit, such
food or shuttle services, may be conducted by a party other than
the bolder, but only with prior written pproval from tho authorized
officer. The holder shall continue to be respoasible for compliance
with al] e terms of this permit .
. MAINTENANCE. The holder shall maintain authorized temporary
improvemenm and the permit to standards of repair, orderliness,
neatness, sanitation, and safety acceptable to the authorized
fficer and consistent with other provisions of this
authorization. The bolder shall comply with ection requirements
deemed appropriate by the au1horiud officer .
• SIGNS. Signs posted on National Forest System lands mustbave
prior written approval of the thorized officer.
NONDISCRIMINATION
I. The bolder and its em Jo ees shall not discriminate a on on
the basis of race color sex
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CDFW-35
Jan 121712:41p Doug Cole 5304693321 p.6
m educational activities), national origin, age, or disability
or by curtailing or relusing to fumi9b ccommodations, facilities,
services, or use privileges offered to the public generally. Io
addition, the older and its employees sbaJ• ex>mply with the
provisions of Title VI of the Civil Rights Act of 1964 as
ended, Section 504 of the Rehabilitation Act of 1973, as
amended, Title JX of the Education mendments Act of 1972, as
amended, and the Age Discrimination Act of 1975, as amended •
. The holder shall include and require compliance with the above
nondiscrimination provisions in any · -party agreement mado with
respect to the operations authorized under this permit
. The Forest Service shall furnish signs setting forth this
policy of nandiscrimination. These signs shall e conspicuously
wsplayed at the public entnmce to the premises aod at other
exterior or interior ocations, as directed by the Pore.st Service
•
. The Forest Service shall have the right to enforce the
foregoing nondiscrimination provisions by suit or specific
perfonnance or by any other available remedy under the laws of the
United States or the tate in which the violation occurs .
• EQUAL ACCESS TO FEDERAL PROGRAMS. In addition to the above
nondiscrimination policy, e holder agrees to ensure that its
programs and activities ~ open to Ote general public on an
equal
· s and without regard to any non-merit factor.
SANITATION. The operation and maintmance of Pll sanitation and
food service systems and acilities shall comply with applicable
standanls set by slate and local health departments.
• REFUSE DISPOSAL. The bolder shall comply with all applicable
federal, state, and local uirements related to dispose.I of any
refuse resulting from the use and occupBllcy authori7.ed by
this
ermit.
. REMOVAL AND PLANTING OF VEGETATION. This permit does not
autbom.e the cutting of · bcr or other vegetation. Trees or
shrubbery may be removed or destroyed only after the authorized
officer has approved and marked what may be removed or
destroyed. Timber cut or destroyed shall be 'd for at current
stumpa.se rates for similar timber in the Klamath National Forest
The Forest Service
es the right to disposo of the merchantable timber to those
o1ber than the holder at no stumpage st to the holder.
Unmercl:umtable material shall be disposed of as directed by the
authorized officer.
!anting of trees, shrubs. and other plants in the permit area
must have prior written approval from the thorized officer •
. FAILURE TO EXERCISE AUfflORIZED PRIVILEGES. During the Sth
year of operation and on tennination, the authorized officer shall
review actual use and adjust the allocation of use to match highest
amount of actual use in 1 calendar year during the first 5 years of
operation, plus 2S percent
f that amount for holders with up to 1,000 service days or the
equivalent in quotas or 15 percent of that ount for holders with
more than 1.000 service days or the equivalent in quotas, provided
that:
l. The combination of the highest amount ofactual use in l
calender year and the additional 25 or 15 ercent of use not exceed
the amount of use allocated when the permit was issued; and
. To ensure that 5 years of use are evailable for review as a
basis for making the allocation adjusbnent, e uutlwrized officer
may adjust the review period to include a previous or an additional
year of use ll8ed on a finding that extraoi:dinary circumstances
prevented a season of operation.
4
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CDFW-35
• RESTRICTION OP MOTOR VEWCLE USE. The holder shall restrict
motor vehicle use to fdeSignated roads, trails, and areas, unless
specifically provided otherwise in the operating plan .
• NOXIOUS WEED/EXOTIC PLANT l'REVENTION AND CONTROL. The
holdecahall be esponslble for the prevention and control of noxious
weeds and/or e,c.otic plants wing from the uthorized uae. For
purposes of this clause, noxious weeds and exotic plants include
those species cogoized as such by federal, state, or local
authority. The bolder shall follow prevention and control easures
required by federal, state, or local authority. When detennined to
be necessary by the thorizm officer, the holder shall develop a
plan for noxiom weed and exotit plant prevention and trol. 1beso
plans must have prior w~tten approval ftom the authori7.ed officer
and, upon approval, I be attached to this permit u an appaidix.
. WEED-FREE HAY. The holder shall use only hay, grain, straw,
pelletized feed, or mulch certified s noxious weed-free or noxious
weed seed-free by a State Department of Agriculture or other
lauthori'iud county official Tho holder shall provide
docwnentation of that certification to the authorized
RIGHTS AND LlABILfflES
• LIGAL EFFECT OF TI1E PERMIT. This pennit, which i3 revocable
and terminable, is not a ontract or a lease, but rather a fedenl
liceosc. The benefits and requirementB conferred by this
uthorization aro reviewable solely under the procedures set forth
in 36 CPR Part 251, Subpart C, and 5 .S.C. 704. This permit does
not constitute a contract fur purposes of the Contract Disputes
Act, 41 .S.C. 601. The permit is not real property, does not convey
any interest in real property, and may not b
d as collateral for a loan.
THIRD-PARTY RIGHTS. Tb.is permit is subject to all valid
outstandmg rights. Valid outstanding id rigbJs include those
derived under mining and mineral leasing laws of the United States.
The
niled States is not liable to the bolder for the ex.e,cise of
any such righL
• ABSENCE OF THIRD-PARTY BENEFICIARY RIGHTS. The))8rties to this
pennit do not · tend to confer any rights on any third party as a
beneficiary under this permit
. WATER RIGHTS. This permit does .not confer any water rights on
the holder. Water rights arc not equired by state law and may not
be acquired to exercise the minor water uses authorized by this
pemul .
• RISKS. The holder assumes all risk ofloss associated with use
and occupancy of the permit area, · eluding but nm limited to
theft, vandalism, fire and any fire-fighting activities
(includiugprescnlJcd urns}, avalanches, rising waters, winds,
falling limbs or trees, and acts of God. If authoriz.ed
temporary
· provements in the permit area. are destroyed or substantially
daml@Cd, the authorized officer shall onduct an analysis to
determine whether the improvements can be safely occupied in the
future and hether rebmlding should be allowed .
. DAMAGE TO UNITED STATES PROPERTY. The holder has an
affirmative duty to protect from amage the land, p1operty, and
other interests of the United States. Damage includes but is not
limited to e suppresaioo costs, damage to government-owned
improvements covered by this permit, and all costs d damages
associated with or resulting from the release or tlueatened release
of a hazardous material curring during or as a result of activities
of the holder or the holden heirs, a.,signs, agenrs, employees,
ont:ractors, or lessees on, or related to, the lends, property,
and other interests covered by this permit. oses of clauses Ill.F
Ill.I, e.nd V "hazardous material II shall mean a an hazardous
substance
eioo6noa
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CDFW-35
Jen 121712:40p OougCOl9 5304693321 p.5
. . . er sedion J 01(14) of CERCLA, 42 U.S.C. 9601 (14); (b) any
pollutant or contaminant under section
101(33) ofCERCLA, 42 U.S.C. 9601(33); (c) any petroleum product
or its derivative, including fuel oil, waste oils; and (d) any
baurdous substance, extremely hazardous su~e, toxic substance,
azardou., waste, ignitable, reactive or conosive materials,
pollutant, contaminan~ element, compouud, · e solution or substance
that may pose a present or potential bamrd to human health or the
:viromnent under any applicable environmental laws.
I . The holder shall avoid damagin8 or contaminating the
envi.tolllllCllt, including but not limited to the il, vegetation
{such as trees, shrubs, and grass). surface war.er, and
groundwater, during the holder's use
occupancy of the permit area. If the enviromneot or any
government property covered by this permit ecomes damaged during
the holder's use and occupancy of Che permit area, the holder shall
immediate! epair the damage or replace the damaged items to the
satisfaction of the authorized officer and at no pense to the
United States. ·
. The holder shall be liable for all injury, las.,, or damage,
including fire suppression, or otberc::os1s in nnection with
rehabilitation or restoration of natural resources associated with
the use and occupancy
iauthOl'l'izea by this permiL Compensation shall include but not
be limited to the value of resources ...-uueed or destroyed, the
costs of restoration, cleanup, or other mitigation, fire
suppression or other
es of abatement costs, and all administrative, legal (including
attorneys fees)t and other costs in nnection therewilh.
. With respect to roads, the holder shall be liable for damage
to all roads and trails of the United States pen to public use
caused by use of the holder or the holder's heirs, assigns, agents,
employees, utractors, or lessees to the same extent as provided
\Dlder clause ID.F .1, except lhat liability shell not
· nclude reasonable and ordinary wear and tear •
• HEALTH, SAFETY, AND ENVIRONMENTAL PROTECTION. The bolder shall
promptly ate as completely u possible and in compliance with all
applicable llM and regulations any activity condition and arising
out of or relating to the authori7.ed use and occupancy that causes
or threatens to
e a hazard to public health or·the safety of the holdet's
employees or agents or h8I1I1 to the viromnent (including areas of
vegetation or timber, fish or other wildlife populations, their
habitats, or y other natural resouroes). The holder shall
immediately notify the authoriud officer of all serious
cc:idents that occor in connection with such activities. The
responsibility to protect the health and safety fall persons
affected by the use and occupancy authorized by this permit is
solely that of the holder.
e Forest Service has no duty under the terms of this pennit to
inspect the permit area or operations and tivities of the holder
for hazardous conditions or compliance with heal1h and safety
standards •
• INDEMNIFICATION OF THE UNITED STATES. The holder shall
indeinnifyt defend, and hold le.,s the United States for any costs,
damages, claims, liabilities, and judgments arising from past,
resent, and future acts or omissions of the holder in connection
with the use and occupancy authorized this permit This
indemnification and hold harmless provis:ion includes but iB not
limited to acts and issions of the holder or the holders heirs,
assigns, itgents, employees, contractors, or lessees in
nnection with the use and occupancy authorized by 1bis permit
which result in {l) v:iolations of any aws and regulations which
are now or which may in the future become applicable, and including
but not • "ted to those environmental Jaws listed in clause V.A of
this permit; (2)judgnimts, claims, demands,
ties, or tees assessed against the United States; (3) costs,
cxpeoses, and damages incurred by the nited States; or (4) the
release or threatened release of any solid waste, hazardous waste,
bazardOU8
stance, pollutant, contaminant, oil in any form, or petroleum
product into the envirnmnenL The thorized officer may prcscn"be
terms that allow the holder to repl~ repair, restore, or
othccwise
ertako necess curative actions to mi · e dama in addition to or
as an alternative to mone
6
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CDFW-35
· odemnification.
. INSURANCE. The holder shall furnish proof of insurance, such
as a certificate of iosunnce, to the uthoriml officer prior to
issuance of this permit and each year thereafter that tms pennit ia
in effect
e Forest Service reserves 1he right to review and approve 1he
insurance policy prior to issuance. The Ider shall send an
authcmtiaat.td copy of any innran~ policy obtained plll'IWmt to
this dauso to the
uthoriz.ed officer immediately upon issuance of the policy. Any
insurance policies obtained by the Ider pursuant to 1his clause
abal1 name the United States as an additioaaJ insured, and the
additional
a.ua,,.,~ provision ahall provide for insurance coverage for the
United States as required under this clause. policies shall also
spedfythat 1he inSW'llllee company shall give 30 days prior written
notice to the
uthorized officer of caocellation of or any moclifi~on to the
policies. The certificate of inturance, e autfaentfcated eopy of
the inrnmmee policy, and wt1tten notice of cancellation or
modJficatfo11 o surance pollclel should be sent to Happy Ca.mp /
Oak Knoll Ranger District, PO Box 377, Happy mp. CA 96039. Minimum
amounts of covemge and other insmance requiremems are subject
to
ge.at the sole discretion of the authorized officer on the
anniversary date of this permit
1. Liability. The holder shall have in force liability insurance
covering losses associated with the use end upancy authorized by
this permit arising from personal injury or death and third-party
property
ldm:D811e in the minimum amount of: 1,000,000.00 for injury or
death to one penon per occurrence, 1,000,000.00 for Injury or
deatll to more than one penon per occurmace, ancl 2S,OOO.OO for
third-party property damage, per occa.rrenc:e •
. Depending on the holder's operations, the Forest Service may
require the holder to demonstrate the vailabJ1ity of funds to
address any release or threatened release of hazardous materials
that may occur · nnedion wi1h the holder's use and occupancy. Any
requiremeata imposed would be established on a
ase-by-case basis by the authorized officer based on the degree
of environmental risk from Ote holden perations. The uso and
storage of normal maintenance supplies in nominal amounts generally
would not · gger financial assurance requirements .
. CONTRACTED SERVICES. The bolder shall have in force an
endorsanent covering contracted · ces and equipment or,
alternatively, the holder or the holders contractor shan procure a
separate
surance policy that. c::oven these services.
V. PERMIT FEES AND ACCOUNTING RECORDS
• PERMIT FEE. The bolder shall pa.y to the USDA, Forest Service,
an annual pcmnit fee for the term f this permit based on the fair
marlcct value of the use and occupancy authorized by this permit.
The
ual permit fee shall include a commercial use fee and, if
applicable, Bil assigned site fee and grazing ee, as enumerated in
clauses JV.B, C, and D. The minimum 8DllUa1 pennit fee fur the
authorized use and ccupancy shall be $amount. &timates of
service days, the number of assigned sit~ and srazing use ball be
determined from the five-year or annual operating plan. Estimated
fees shall be calculated on an srirnated Fee Detmnination SheeL The
holder shall pay tho annual permit fee in advance of the
orized use and occupancy, as provided in clause IV.B. Payments
due before commercial operations ence are not refundable. The
Forest Service shall adjust and calculate pennit fees au1horized
by
· s pennit to comply with any new permit fee system based on
mllricet value that ma.y be adopted by tatute, regulation or
directivo isBUed by the Chief after issuance of this permit.
11 revenue .
e1o06noo
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Jan 121712:40p Doug Cole 5304693321 p.4
a) Definition,
1) Adjuted Gross Revenue. Gross revenue and revenue additions
less applicable exclusions.
(2) Gross Revenue. The total amount of receipts fiom the sale of
goods or services provided by the older or third party wider the
peIJDil
) Reveaaae AddJtfon1. The market value of the following items,
which are added to gross revenue:
A) The value of goods and services that are donated or 1be value
of goods and services that are bartered exchange for goods and
service.s received that are diiectly related lo the outfitted or
guided trip; and
~ The ~ue of gratuities, which are goods, serv.ices, or
privileges that are not available to the general ublic and that are
donated or provided without charge to organizatious; individuals;
tho holders
employees, owners, or officers; or immediate family members of
the holder's employees. owners, or office.rs.
(4) Revenue Exdulfons. The following are excluded &om gross
revenue:
A) Revenue derived mun goods or services sold on private land
that are not related to outfitting and · 'ng operation, coaductccl
on National Forest System lands, such as souvenirs, telephone toll
charges, d accident insurance sales.
) Amounts paid or payable to a State government licensing
authority or recreation administering cy from sales of hunting or
fishing licenses and recreation fee tickets.
C) Reveaue ftom the salo of operating equipment, rental
equipment, capitalized assets, 9r other assets ed in outfitting and
guiding operations, such as horses, tack, watercra~ and rental skis
and boots,
hich are sold periodically and replaced.
ASSIGNED SITE PEE. A fee shall be charged for the occupancy of
National Forest System sites · gned to the holder. Assigned site
fees shall not be prorated; the holder shall pay the full amrual
fee
or each assigned site. No refunds or cnxlits wiU be given for
authorized but unmed assigned sites .
. GRAZING FEE. A fee shall be charged for grazing livestock used
in conjunction with the use and ccupancy authorized by this pennit.
No refunds or credits will be given for authorized but
wiexercilled
. PAYMENT SCHEDULE. The holder shall pay the annual estimated
pennit fee, includiog the fee for ommcrcial use, assigned site fee,
and grazing fee, in advance of the authorized use, as follows:
• Single Payment. The holder shall pay the total anoual
estimated fee in advance when it is less than 500 .
• Two Paymeab, The holder shall pay half the total annual
estimated fee in advanoe and the remainder y mid-season when the
total i8 equal to or greater then $S00, but less than $2,500 .
• Three·Payment9.1be holder shalt pay one-third of the total
annual estimated fee in advance and the · er in two· ual a ta
mid-sea.,on when the total is $2 500 or more.
8
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CDFW-35
• Final Payment. The Pores1 Service shall reconcile annually the
actual pennit fee against pemtit fee yinents made. The holder shall
pay any additional fees owed for the past year's operation witbJn
30
ays ofbillillg.
DOCUMENTATION OF REVENUE. The bolder shall provide documentation
of use and revenue or purposes of permit fee verification.
• Actual Use Report. Within 30 days of completion of the
holder's approved operating season, the Ider shall submit to tho
authorized officer an actual use ieport in ac:cotdance with the
format in
ppmdix E .
• Income Statements. No late,- than 90 days after 1he close of
the holdci's fiscal year, the holder shall ubmit to the authorized
officer a statement of income reporting the resulls of the holder's
annual pennons. The statement shall include gross revenue, the
value of donated goods and services, the value f grab.lities, the
value and description of items excluded from gross revenue, and all
adjustments, such
tmces deducted, and &ball be broken down by pamjtted
activities.
l. Crediting of Paymenta. Pa)'Jllents shall be c.redited on the
date received by the deposit facility, excep t if a payment is
received on a non~woikday, lhe payment shall not be credited until
the next workday .
• Dbputed Fee,, Fees me due and payable by the due date.
Disputed fees must be paid in full. lilJstments will be made if
dictated by settlement terms or an appeal decision.
(a) Interest. Pwsuant to 31 U.S.C. 3717 et seq., interest shall
be charged on any fee amount not paid 'thin 30 days from the date
it became due. The rate of interest assessed shall be the hisher of
the ompt Payment Act rate or the rate of the current value of funds
to the Treasury (i.e., the Treasury tax d loan account rate), as
prescribed and published annually or quarterly by the Secretary of
the Tr
· n the Federal Register and the Treasury Fiscal Requirements
Manual Bulletins. Jnterest on the principal all accrue from the
date 1he fee amount is due.
) Admlntatrative Costs. If the acc:cunt becomes delinquent.
administrative costs to cover processing d handling the delinquency
shall be assessed.
c) PenaJdes. A penalty of 6% per mm.um shall be assessed on the
total amount that is more than 90 days elinqucnt and shall accrue
from the same date on which in~ charges begin to accrue.
d) Termination for Noapayment. This pemrit shall terminate
without the necessity of prior notice and rtunity to camply when
any permit fee payment is 90 calendar days from the due date in
anears.
e holder shall be responsible for the delinquent fees, as well
as any other costs of restoring the site to ts original condition,
including hazardous waste cleanup •
. Aclmfnistrafu'e Offset and Credit ReporCf.ng, Delinquent fees
and other charges associated with the ermit shall be subject to all
rights and remedies afforded the United States pursuant to 31
U.S.C. 371.1
. and common law. Der encies are su 'ect to an: or all of the
followin :
g·d e100 enoa
9
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CDFW-35
Jan 121712:39p Doug Cole 5304693321 p.3
(a) Administrative offset of payments due the holder from the
Forest Service.
) If in excess of 60 days, refenal to the Department of the
Tn=asury for appropriate collection action as \'ided by 31 u.s.c.
371 l(g)(l).
c) Offset by the Seaetary of the Treasury of any amount due the
bolder, as provided by l U.S.C. 3720 et seq.
d) Disclosure to consumer or commercial credit reporting
agencies .
. ACCOUNTING RECORDS. The holder shall follow generally accepted
accounting principles or other comprehensive basis of accounting.
such as tho cash, modified cub, or income 1ax basis of
ccounting. in ICCOrding financial transactions. The minimum
acceptable accounting system shall nclude:
• Systematic internal controls and separate recording of gross
receipts from each type of business ct.eel WLdcr Ibis pennit,
separate from any other commercial or personal activity. Receipts
shall be eel daily without reduction and, if possible, deposited
into a b81lk account Receipt.entries shall be
ported by documentation such as cash register tapes, sales
invoices, reservation records, and cash coounts from other SOW'ces
.
. For permits with fees greater than S 10,000, when reque.,ted
by the Forest Servi~ the holder at its o expense shall have its
annual accounting records audited by an independent public
accountant acceptable o the Forest Service.
• ACCESS TO ACCOUNTING RECORDS. The holder shall make all of the
accounting books and upporting records for the business activities
authorized by this permit available for audit by the Forest ervice
or other federal agencies authorized to review Forest Service
activities. The holder shall retain
e records and make them available for review for five years
after the end of the year they were enerated, unless disposition is
otherwise authorized by the Forest Service in writing.
COMPLIANCE WITH ENVIRONMENTAL LAWS. The holder shall in
connection with the use d occupancy authorized by this permit
comply with ell applicable federal, state, and local vironmental
laws and regulations, incl\ld.ing but not limited to those
established pursuant to the
esourcc Conservation and Recovery Act, as amended, 42 t;.S.C.
6901 et seq., the Federal Water Pollution Control Act, as amended,
33 U.S.C. 1251 et seq., the Oil Pollution Act, as amended, 33
U.S.C. 2701 et seq., the Clean Air Act, as amended, 42 U.S.C, 7401
et seq., the Comprehensive Environmental
espouse, Compensation, and Liability Act (CERCLA). aa amanded,
42 U.S.C. 9601 et seq., the Toxic Substances Control Act, as
amended, 1 S U.S.C. 260 t et seq., the Federal Insecticide,
Fungicide, and
odenticide Act, as amended, 7 U.S.C. 136 et seq., and the Safe
Drinking Water Act, as amended, 42 .S.C. 300f et seq .
• VANDALISM. The holder ahell take reasonable measures to
prevent and discourage vandalism and isordedy conduct and when
necessary shall contact tho appropriate law enforcement officez
.
• HERBICIDE AND PESTICIDE USE. Herbicides and esticldes ma not
be used to control
10
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CDFW-35
ndesi.rable woody and herbaceous vegetation, aquatic plants,
insec~ rodenls, fish, and other pests and without prior written
approval fiom the autboru.ed officer. A request for approval of
planned uses
f pesticides shall be submitted annually by the holder on the
due date established by the llll1horiud fficer. The report shall
cover IL 12-month period of plmmed uso beginning 3 months after tho
reporting
e. Information essential for review shall be provided in the
Conn specified. Exceptions to this -•"-"UJlwl be allowed, subject
to eme:rgaicy request and approval, only when unexpected outbn:ab
of pests or
eeds require control measures that were not anticipated at the
time an annual report was submitted. y those materials registered
by the U.S. Environmental Protection Agenoy for the specific
purpose
lanned shall bo considered for use on National Forest System
Jaruis. Label imtructiom and all pplicable laws and regulations
shall be strictly followed in the application of pesticides and
disposal of
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CDFW-35
Jan 12 1712:39p Doug Cole 6304693321 p.2
• Except with respect to any federally permitted release as that
tennis defined under Section 101(10) of ER
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CDFW-35
• 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 ecisioo
must be in writing. Wifbin 48 hours of the request of the holder,
the superior of the authorized fficer shall arrange for an
on-the-ground review of the adverse conditions with the holder.
Following ·s review, the superior shall take prompt action to
affinn, modify, or cancel the suspension .
. APPEALS AND REMEDIES. Any written decisions by the au1horized
officer relating to ladini"n.i' stration of lhis permit, including
annual rating, of probationary and macceptablc and revocation
r suspension decisions are subject to the administrative appeal
regulations at 36 CFR Part 251, Subpart , as amended. Revocation or
suspension of this permit shall not give rise to any claim for
damages by e holder against the Forest Service .
• TERMINATION. This permit shall terminate when by its terms a
fixed or agreed upon condition, event, or time occurs without any
action by~ authorized officer. Examples include but· are not
limited
expiration of tho permit by its terms on a specified dato and
termination upon change of control of the usiness entity.
Termination of this pennit is not subject to administrative appeal
and shall not give rise
any claim for damages by the holder against the Forest
Service.
G. REMOVAL OF TEMPORARY IMPROVEMENTS. Upon revocation or
tennination of this ennit, the holder shall remove within a
n:asonable time prescnl,ed by the authorized officer all
rary improvements, except those owned by the United States, and
shall restore the site. If the older fails to remove all temporary
improvements within the prescribed period, they shall become the
roperty of the United States and may be sold, destroyed, or
otherwise ditspused of without any liability
the United States. However, the holder shall remain liable for
all costs associated with their removal, • eluding costs of sale
and impoundment, cleanup, 11I1d restoration of the site.
. MISCELLANEOUS PROVISIONS
. ADVERTISING. The holder shalJ not misrepresent in any way,
either orally, in its cirwlars, rochure.,, advertising, and other
materials, or on its website, signs, or letterheads, any aspect of
the use uthorized by this peonjt, including services provided by
the holder, the status of this pennit, or the area t coven. All of
the holder's circulars, brochures, and advertising and its website
regarding use of the
't area shall state that the permit area is located in the
Klamath National Forest •
• CURRENT ADDRESSES. The holder and the Forest Service shall
keep each other iDfurmed of WTent mailing ad.dresses, including
those nec:essary for payment of fees .
. SERVICES NOT PROVIDED. This permit does not provide for the
furnishing of road or trail • tenance, water, fire protection,
search.and reecu~ or any other service by a government agency,
'lity, association, or individual.
• MEMBERS OF CONGRESS. No member of or delegate to C.Ongress
orKsident commissioner ll benefit from this permit either mrectly
or indirectly, except to the extent the authorized use provid
general benefit to a corporation .
. SUPERSEDED PERMIT. This permit supersedes a pennh designated
BAP240 and dated 2G0S .
. SUPERIOR CLAUSES. In the event of any conflict betweem any of
the preceding printed clauses d an subs uent clauses or an ovisioos
in the · ces attached to this it, the ·
L'd e100 Bnoa
13
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CDFW-35
Jan 12 1712:39p Doug Cole 5304693321 p.1
· permit 1i accepted subject to all its terms and eenditlon,. ··
--· . . . . ...
OLDER: Mart>le Moantatn Guest Ranch .S. DEPARTMENT OF
AGRICULTURE
(Holder or Holder's Agent) KBNa~.~~ District Ranger
ate:~ /~ _!, lz..1?/2,0\~
ate:
following certificate shall be executed by the secretary or
assistant secretary of the corporation:
VOM, b \ .. (de_ certify that l llDl the select Secremry of
Assistant Secretary of (nameofSecretaryorAasistantSeCletar)')
e corporation that executed the above permit; that \M>U:3b.~
1: u..le who signed this (name of signatory)
ermitonbebalfofnameof holderwasthen C. -~-0 . ofthat (ti.lie of
signatory)
ration; that 1 lmow bis/her signature; that ma/her signature on
this permit is IJenuine; and that this
ermit was signed, sealed, and attested to on behalf of name of
holder by audlority of im board of
ccording to the Paperwork Reduction Ace of 1995, an agency may
not conduct or sponsor, and a person not required to respond to a
collection of inforroation unless it displays a valid 0MB control
number. e valid 0MB control 11llfflber for this information
collection is 0596.0082. The time required to mplete this
infonnation collection is estimated to average 1 hour per response,
including the time for · ewing instructions, searching existing
data somces, gathering and maimaioing the data needed. and
mpleting and reviewing tho collection of infoonatioo.
U.S. Department of Agriculture (USDA) prohibits discrimination
in all its prognnm and activities n the basis of race, color,
national origin, gender, religion, age. disability, and where
applicable, sex, arital status, familial status, pamitaJ status,
religion, sexual orientation, genetic inmrmatioa, political
eliefs, n,prisal. or because all or part of an individual's
income is derived from any publio assistance. (Not all probtoited
bases apply to all programs.) Persons with disabilities who require
alternative means
communication of program information (Braille, large print,
audiotape, etc.) should oontact USDA's AR
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CDFW-35
o file a. complaint of discrimination, write USDA, Director.
Office of Civil Rights, 1400 Independence ven~ SW, Washington, DC
202S0-9410 or call toll free (866) 632-9992 (voice). TDD uaen ~
ontact USDA lhrougb local relay or tbe Federal relay at (800)
877-8339 (TDD) or (866) 377-8642 relay voice). USDA is an equal
opportunity provider and employer.
e Privacy Act of 1974 (5 U.S.C. 5S2a) and the Freedom
oflnfonnation Act (S U.S.C. 552) govern the dentjali Co be vi.ded
for information received b the Forest Service.
Q'd ~l££69&,0C9 e1006noa
15
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CDFW-35
Notice of Exemption Appendix E
To: Office of Planning and Research P.O. Box 3044, Room 113
Sacramento, CA 95812-3044
From: (Public Agency): ------------
County Clerk
County of: --------
Project ntle: Marble Mountain Ranch Diversion
ProjectAppllcant: Marble Mountain Ranch, Douglas T. Cole
Project Location - Specific:
(Address)
The project is about 8 miles north of 9:>mes Bar, on Sanshaw
Oeek, 0.87 miles upstream from the l'Jamath River.
Project Location - City: Somes Bar Project Location - County:
Siskiyou ---------
Description of Nature, Purpose and Beneficiaries of Project:
Marble Mountain Rlnch diverts water from Sanshaw Oeek for
irrigation, reaeaion, domestic, and small hydro-electric use. The
already existing diversion structures require regular maintenance
and a 1600 agreement with the O!lifomia Department of Rsh and
Wldlife.
Name of Public Agency Approving Project: Califomla Department of
Fish and Wildlife
Person or Agency Carrying Out
Project:-----------------------
Exempt Status: (check one):
CJ Ministerial (Sec. 21080(b)(1); 15268); CJ Declared Emergency
(Sec. 21080(b)(3); 15269(a)); CJ Emergency Project(Sec.
21080(b)(4); 15269(b)(c)); Iii Categorical Exemption. State type
and section number: Existing Facility, Section 15301
D Statutory Exemptions. State code number:
---------------Reasons why project is exempt The diversion
structure and culvert are already existing facilities that require
regular maintenance. The maintenance does not expand the use or
footprint of the existing facilities.
Lead Agency Contact Person:
If flied by appllcant 1. Attach certified document of exemption
finding.
Area Code/Telephone/Extension:
2. Has a Notice of Exemption been flied by the public agency
approving the project? D Yes o No Slgnature: ____________ Date:,
______ Tltle:
D Signed by Lead Agency CJ Signed by Applicant
Authority cited: Sections 21083 and 21110, Public Resources
Code. Reference: Sections 21108, 21152, and 21152.1, Publlc
Resources Code.
(CW039263.1}
Dale Received for filing a1 OPR: -----
Revised 2011