HomeMy WebLinkAbout730646.tiff Mountain Bell
660 Bannock St.
Room 170
August 6 , 1973 Denver, Colo. 80204
Board of County Commissioners
Weld County Court House
Greeley , Colorado 80631
Gentlemen:
Crow Valley Hill Microwave Site
Enclosed is a copy of the Special Use Permit
granting Mountain Bell permission to construct
a microwave facility on the Pawnee National
Grasslands .
A copy of this agreement was requested by the
Weld County Commissioners at the public hearing
on March 19 , 1973, in Greeley , Colorado.
Yours truly,
Right-Of-Wag Agent
Enclosures
STATE OF COLORADO
COUNTY OF WELD } 55.
Filed with the Clerk of the Soard
of County Comm:z
AUG 1$i:3/3
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By—�—___Deputy i
PL0736 730646 9401
4
PERM ITTEE COPY
I•ulMd .fates Department of Agriculture a. Record no. 11 11 6. I2,,gion (3-4) I :, Forest (5-6)
Forest Service 02I la •
. '10
• y- e. User number -.._ ... —f. Kind of use (13.15)
SrI':c:I:�i, s.�s�, I>1•:P11tT 's'e'ct (7.3S- (9.12)
Act of June 4, 1897 06 4010 822
This permit is revocable and nontransferable q• State (16.17) h, County (18-20) k. Cord no. (21)
(Ref. FSM 2710)
08 123 1-
THE MOUNTAIN STATES TELEPHONE & TELEGRAPH COMPANY
Permission is hereby granted to___,-__
of Room 170, 660 Bannock Street Denver, Colorado 80204 -,
_ ___ .,
hereinafter call eci the pennittee,to use subject to the conditions set out below, the following described lands
or improvements: ..
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A site in Township 9 North, Range 63 West, Sixth Principal Meridian, Section 8,
S WuSW�, as shown on the reap, designated "Exhibit A11 6/27/73 and described as
Crow Valley Hill, Microwave Repeater Site, which is attached to and made a part
of this permit.
This permit covers 1.-0 ..acres mcbastxxxxxx xxxxsaiiDs and is issued for the purpose of:
(1) Constructing and maintaining a building of dimensions 8f x16' to house `
electronic equipment, plus antenna support structure, driveway and park-
ing area; (2) installing, operating and maintaining that certain electronic
equipment which is in accordance with the technical data set forth on .
Forms 2,700-10 attached hereto and hereby made a part hereof; both for the .
exclusive use of the permittee ,
Six (6)
I. Construction or occupancy and use under this permit shall begin within months, and
construction, if any, shall be completed within_.Seven (7)—•_months, from the date of the permit. This •
use shall be actually exercised at least_.._ 365 days each year, unless otherwise authorized
•
in writing. :
See Clause 19
2. lillad& i.:Irtl imar+ }vigat rs ,mf�ltrafttlzewnrNt i .MTAtIVItiTentitiOwsg410 � +.Olirjt
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Dollars($ . -_ for the period :
agriculture, the swn'+' •-._ -�""°"` 'y.,..
___ .
' `�''' 19 , an thereafter I.
from .._. I `"r' ti :"°•"' ------ — — —
annually on � u`----- --.. ---- _._. --.... ,
ytlit6. .4::.aN: �..A.e ,e-+q t.... ,.•h`".....'. t"M'� � ��
6tJr:ilsillia44e ' f'3Lf:.aaarewY] In eltfttqateningeav P.r...s.�. � •
f rt)ci aca, however, (.:hard es for this use may be made or reildjusted whenever necessary to place the •
.
charees on a basis commensurate with the value of use authorized by this permit. .
3. This permit is accepted subject to the conditions set forth herein, and to conditions i8 to ' 1
—_48 ,_attached hereto and made a part of this permit.
NAME OF PERMITTF_E SIGNATURE OF AUTHORIZED OFFICER DATE r
PERMITTEE TITLE DA i E
JUL. G 3 1973
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ISSUING ---c.. 6.4-,---X7.77)-:, Yt/t.-'t,.
OFFICER-✓t W. K. KELS4 ._...,.�.� Forest Supetvis0r July 19, 1973
+ �
(CONTINUED ON kEVERSE) 2700-4 (7'711
.
t_ Ileyolopnient plan,; larval plans; construction, reconstruction, or alteration of improvements; or •
revision of layout or construction plans for this area must be approved in advance and i'n writing by the •
forest supervisor. Trees or shrubbery on the permitted area may be removed or destroyed only after the
forest officer in charge has approved, and has marked or otherwise designated that whic1h may be removed
•
or destroyed. Timber cut or destmyed will be paid for by the permittee as follows: Merchantable timber at
appraised value; young-growth timber below merchantable size at current damage appraisal value, provided
that the Forest Service reserves the right to dispose of the merchantable timber to others than the per-
fritter at no stumpage cost to the permittee. Tree, shrubs, and other plants may be planted in such
manner and in such places shoal the premises as may be approved by the forest officer in charge
5- The permittee shall maintain the improvements and premises to standards of repair, orderliness,
neatness, sanitation, and safety acceptable to the forest officer in charge.
6. This permit is subject to all valid claims.
The permittee, in exercising the privileges granted by this permit, shall comply with the regulations
of the Department of Agriculture and all Federal, State, county, and municipal laws, ordinances, or regula-
tions which are applicable to the area or operations covered by this permit.
8. The permittee shall take all reasonable precautions to prevent and suppress forest fires. No ma- . -
terial shall be disposed of by burning in open fires during the closed season established by law or regula-
tion without a written permit from the forest officer in charge or his authorized agent.
9. The permittee shall exercise diligence in protecting from damage the land and property of the United
States covered by and used in connection with this permit, and shall pay the United States for any damage
resulting from negligence or from the violation of the terms of this permit or of any law or regulation appli-
cable to the National Forests by the permittee, or by any agents or employees of the permittee acting
within the scope of their agency or employment,
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10. The permittee shall fully repair all clamage, other than ordinary wear and tear, to national forest roads
and trails caused by the permittee in the exercise of the privilege granted by this permit.
11. No Member of or Delegate to Congress or Resident Commissioner shall be admitted to any share or
part of this agreement or to any benefit that may arise herefrom unless it is made with a corporation for its
general benefit. ,
1`?. Upon abandonment, termination, revocation, or cancellation of this permit,the permittee 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 in writing or in this permit. If the permittee fails to
remove all such structures or improvements within a reasonable period, they .shall become the property of
the United States, but that will not relieve the permittee of liability for the cost of their removal and
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restoration of the site.
13. This permit is not transferable. If the permittee through voluntary sale or transfer, or through
enforcement of contract, foreclosure, tax sale, or other valid legal proceeding shall cease to be the owner
of the physical improvements other than those owned by the United States situated on the land described
in this permit and is unable to furnish adequate proof of ability to redeem or otherwise reestablish title to
said improvements, this permit shall be subject to cancellation. But if the person to whom title to said
improvements shall have been transferred in either manner provided is qualified as a permittee and is
willing 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 occupancy 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 f
is desirable and in the public interest.
14. In case of change of address, the permittee shall immediately notify the forest supervisor.
t
15. The temporary use and occupancy of the premises and improvements herein described may be sublet
by the permittee to third parties only with the prior written approval of the forest supervisor but the per-
mittee shall continue to be responsible for compliance with all conditions of this permit by persons to
whom such premises may be sublet. .
16. This permit may be terminated upon breach of any of the conditions herein or at the discretion of the
regional forester or the Chief, Forest Service.
1?. In the event of any conflict between any of the preceding printedclauses or any provisions thereof and
any of the following clauses or any provisions thereof, the following clauses will control.
GPO 914-6]3
TENURE
18. Unless sooner terminated or revoked by the Forest Supervisor,
in accordance with the provisions of the permit, this permit
shall expire and become void on December 31, 1983, but a new
permit to occupy and use the same National Forest land may be
granted provided the permittee will comply with the then-existing
laws and regulations governing the occupancy and use of National
Forest lands and shall have notified the Forest Supervisor not
less than six (6) months prior to said date that such new permit
is desired.
FEES AND PAYMENTS
19• In consideration for this use , the permittee shall pay to the
Forest Service , United States Department of Agriculture , the
sum of Eighty Dollars ($80. 00) for the period from July 1, 1973
to December 31, 1973. Thereafter, the annual fee will be which-
ever is the greater of One Hundred Sixty Dollars ($160. 00) or
0. 2 percent of the value of electronic shelter and mounting facil-
ities and electronic equipment located on the permitted site as of
the last day of the permit year just ending: P,'ovided, however,
That charges for this use may be made or readjusted by the
Forest Service whenever necessary, to place the charges on a
basis commensurate with the value of said use .
Upon completion of the construction of the facilities authorized
by this permit, the permittee will give the Forest Service a
statement of its total investment on said site -- exclusive of
roads , powerlines and telephone lines , certified by the perrnit-
tee or its certified public accountant as being complete and cor-
rect. If its total investment does not exceed Fifty Thousand
Dollars ($50, 000), the certification need only state that fact. If
it exceeds Fifty Thousand Dollars ($50, 000), then the certifica-
tion must be itemized and must show the exact amounts of the
items and the exact total investment. Any change in the facilities
which results in either a total investment in excess of Fifty
Thousand Dollars ($50, 000) or an adjustment of a total invest-
rnent already exceeding Fifty Thousand Dollars ($50, 000) will be
reported to the Forest Service within thirty (30) days of comple-
tion of such change in the form of a revised statement of total
investment, duly itemized and certified as aforesaid. The value
of improvements , such as buildings, antenna supports and other
structures , will be the cost of materials and construction on the
2.
_ --
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site . The value of equipment is its purchase or sale price and
does not include installation costs . Changes in investment will
be recognized only if there is an increase or decrease in the
value of the investment resulting from additions or removals .
They will not be made for appreciation or depreciation.
i
r
Any necessary changes in the fee will be made as of the beginning
of the permit year.
Payment shall be made by the permittee within fifteen (15) days
of billing by the Forest Service .
20. Upon determination by the Chief of the Forest Service that suf-
ficient changes have occured in conditions relating to specific
kinds of business to warrant review, breakeven points and rates
will be reexamined and, if appropriate , new schedules will be
prepared by the Forest Service to be effective in all permits
authorizing such business or businesses . The charges for this
permit will be developed according to the new schedule , as of,
and effective on, the beginning of the permittee's business year
following approval of the revised rate schedule .
21. A service charge in addition to the regular fees shall be made
for failure to meet the fee payment due date or any of the dates
specified for submission of statements required for fee calcula-
tion. The service charge shall be one (1 . 0) percent per month
of the fee from the date statement and fees were due or $15. 00,
whichever is greater. If a due date falls on a nonworkday, the
service charge will not apply until the end of the next workday.
22. This permit may be terminated for nonpayment of fees and/or
any additional charge for late payment.
SAFETY, HEALTH, LIABILITY & NONDISCRIMINATION
23. During the performance of this permit, the permittee agrees :
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 appli-
cant for employment because of race , color,
religion, sex or national origin.
(
3.
The permittee shall include and require compliance
with the nondiscrimination provisions in any subcon-
tract made with respect to the operations under this
pe rmit.
24. By accepting this permit, the permittee hereby agrees to comply
with Title VI of The Civil Rights Act of 1964 and all requirements
imposed by or pursuant to the regulation of the United States
Department of Agriculture (7 CFR, part 15) issued pursuant to
that Act, and hereby assures that in the operation and perform-
ance of this permit to take immediately any measures necessary
to effectuate this requirement. If any real property or structure
thereon is provided or improved with the aid of Federal financial
assistance extended to a permittee by the United States Department
of Agriculture , this assurance shall obligate the permittee , or in
the case of any transferee , of such property, any transferee, for
the period during which the real property or structure is used for
a purpose for which the Federal financial assistance is extended
or for another purpose involving the provision of similar services
or benefits . If any personal property is so provided, this assur-
ance shall obligate the permittee for the period during which he
retains ownership or possession of the property. In all other
cases this assurance shall obligate the permittee for the period
during which the Federal financial assistance is extended to him
by this permit. This assurance is given in consideration of the
Federal financial assistance extended in this permit to the permit-
tee by the United States Department of Agriculture. The permittee
recognizes and agrees that such Federal financial assistance will
be extended in reliance on the representations and agreements
made in this assurance . The permittee further agrees that the
United States in addition to any other rights and remedies provided
by this assurance, The Civil Rights Act of 1964, or the regulations
issued thereunder, shall have the right to enforce this agreement
by suit for specific performance or by any other available remedy
under the laws of the United States or the State in which the breach
or violation occurs .
25. The permittee shall perform all work with explosives in such a
manner as not to endanger life or property. All storage places
for explosives and flammable material shall be marked
"DANGEROUS. " The method of storing and handling explosives
and flammable materials shall conform to recommended proce-
dures contained in the "Blasters Handbook" published by E.I.
du Pont de Nemours 8 Company, and in all Federal, State and
local laws and regulations .
4.
26 . The permittee shall indemnify the United States against any
Liability for damage to life or property arising from the occu-
pancy or use of National Forest lands under this permit.
27. The permitted area will be maintained to present a clean, neat
and orderly appearance. Trash, debris , unusable machinery, •
improvements, etc. , will be disposed of currently. Building
naterials , etc. , will be neatly stacked.
28. High winds and other hazards are natural phenomenons in the
Forest that present risks which the permittee assumes., The
permittee has the responsibility of inspecting his site, lot,
right-of-way and immediate adjoining area for dangerous trees,
hanging limbs and other evidence of hazardous conditions and,
after securing permission from the Forest Service , of removing
such hazards .
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CONSTRUCTION & DEVELOPMENT
29. Any and all subsequent relocations , alterations, revisions , addi-
tions , construction or reconstruction of housing and mounting
facilities , including antenna towers or masts, shall require ad-
vance notification and approval of the Forest Service and advance
xmdification of this permit.
30. All electrical wiring will be installed and maintained in strict
compliance with the safety rules dealing with electrical supply
and communication lines which are set forth in the National
Electric Safety Code and also with all applicable local codes .
Upon the completion of the installation covered by this permit,
the permittee shall deliver a written certification to the Forest
Service that all of said safety requirements for wiring have been
rret.
RESOURCE & IMPROVEMENT PROTECTION
31. The permittee shall protect the scenic aesthetic values of the
area under this permit, and the adjacent land, as far as pos-
sible with the authorized use during construction, operation
and maintenance of the improvements .
32. The permittee shall be responsible for the prevention and con-
trol of soil erosion and gullying on the area covered by this
permit and the lands adjacent thereto, and shall provide pre-
ventive measures as required by specifications in "Exhibit B "
attached to and made a part of this permit.
5.
33. Topsoil shall be stripped from the construction area and be
deposited in storage piles apart from other excavated material.
After the desired amount of material has been removed, the
stored topsoil shall be evenly spread over exposed subsoil to
the extent that may be practicable , and shall be revegetated.
34. All earth cut or fill slopes favorable to revegetation or other
areas on which ground cover is destroyed in the course of
construction, •.will be revegetated to grasses or other suitable
vegetation as required by the Forest Supervisor.
35. Seeding or planting will be done at a time of the year, in a man-
ner, and with species which the District Ranger considers offer
the best chance of success and will be repeated annually until
such areas are accepted in writing by the District Ranger as
satisfactorily revegetated and stabilized.
FIRE
36. The permittee shall do everything reasonably within its power
and shall require its employees , contractors and employees
of contractors to do everything reasonably within their power,
both independently and upon request of the Forest Service, to
prevent and suppress fires on or near the lands to be occupied
under this permit.
FENCING
37. The permittee will construct and maintain a fence to standards
to be furnished by the District Ranger.
OTHER
38. This permit is subject to the rights and privileges granted in
mineral, oil or gas leases covering this land which have been
issued by an authorized agency of the United States , and this
permit does not authorize the prevention or obstruction of the
reasonable exercise of the rights and privileges granted by
said mineral, oil or gas leases .
39• No signs or advertising devices shall be erected on the area
covered by this permit without prior approval by the Forest
Service as to location, design, size, color and message.
Erected signs shall be maintained or renewed as necessary
to neat and presentable standards.
6.
40. The permittee , in the exercise of the privilegesgranted by
this permit, shall require that its employees, sublessees,
contractors, subcontractors or renters and their employees
comply with all applicable conditions of this permit and that
the conditions of this permit be made a part of all subleases ,
contracts, subcontracts or rental agreements.
41. This permit is contingent upon the existence of applicable
FCC (Federal Communications Commission) or DTM/IRAC
(Director of Telecommunications Management/Interdepart-
ment Radio Advisory Committee) authorizations and opera-
tion of the equipment covered in strict compliance with
applicable requirements of FCC or IRAC and the technical
data set forth on Form 2700-10. Said forms are to be attached
to and made a part of this permit.
The permittee will supply the Forest Service with amended
Forms 2700-10 whenever necessary to reflect changes or
additions , which must receive prior approval of the FCC or
DTM/IRAC following prescribed procedures .
42. Each radio or electronic transmitter covered by this permit
shall be operated only by the holder of a current and valid
Federal Communications Commission (FCC) license or Inter-
departmental Radio Advisory Committee (IRAC) authorization
applicable thereto. A legible copy of each applicable license
or authorization shall at all times be posted on the cabinet or
rack of each transmitter being operated. Each such copy shall
indicate each person or entity authorized under the license of
authorization to operate the transmitter.
43. All transmitting and receiving equipment shall be mounted in
enclosed metal cabinets or standard racks with effective
radio-frequency protective metal shieldings covering same,
including power supplies . All electronic equipment, includ-
ing associated cables , wiring, auxiliary equipment and
antenna systems , shall be installed and maintained in a clean,
neat and orderly manner, and shall be electrically and
Liechanically sound.
44. The permittee shall not install, use or allow the installation
or use of any radio or electronic equipment on or within the
structures or on the premises covered by this permit without
prior issuance by the Forest Service of a special-use permit
therefor.
7.
45. All improvements constructed under this permit shall be
equipped with lightning protection equal to that prescribed
by the Forest Service for its structures.
46. The Forest Service reserves the right to enlarge or reduce
the area of the site described herein, provided that the area
actually occupied by the buildings shall not be excluded there-
from. The Forest Service further reserves the right, in
conformity with sound engineering practices , to require the
permittee to discontinue the use of the parking lots or service
roads or any portions thereof, and to relocate the utility lines
and equipment, the antenna and any other improvements con-
structed on the site except the buildings , to any other loca-
tions within or outside the boundaries of the site described
herein.
47. The operation of the equipment covered by this permit shall
not interfere with United States Government radio or elec-
tronic operations already in existence on National Forest land
within two (2) miles of the site to which this permit refers .
The permittee shall at its own expense take all action neces-
sary to prevent or eliminate such interferences . If it does
not eliminate such interference within ten (10) days after
receipt of notice from the Forest Service to do so, this per-
nit may be terminated forthwith.
48. The permittee shall cease operations under this permit tempo-
rarily if they interfere with United States Government radio or
electronic operations in an emergency situation.
8.
"EXHIBIT B"
EROSION CONTROL PLAN
Electronic Site
Mountain States Telephone and Telegraph Company
Purpose: The soils at this location aro shallow and subject to
erosion when the grass cover is removed. To reduce the
erosion hazard the following items will be followed during
and after construction.
Location: The site is located in the ShSr� Section 8, T. 9N., R. 63W.
Access to the site is across Section 7, T. 9N., R. 63W.
Site: Disturbance of the soil at the site will be unavoidable •
during construction. To minimize the erosion hazard only •
that area necessary will be disturbed. In the leveling of
the site, the topsoil will be stripped and stockpiled to
be ,pread back over the site after the construction has been
completed. The site will then be seeded to the grass mix-
ture listed below and protected with a four-sire fence.
Grass Mixture Per Acre
Blue grama 5 lbs.
Buffalo grass 2 lbs.
Western wheatgrass 2 lbs.
Sideoats grama 1 lb.
10 lbs./acre
Roads: Access to the site will be provided by an existing trail.
No blading of existing trails or construction of new roads
will be allowed without prior approval of the Forest Service.
Traffic will be confined to existing trails. Damage to the
trail that might result will be repaired immediately. If
needed, water-bars will be installed as staked by the Forest
Service. Required seeding will be of the same grass mixture
as listed previously.
JUL 2 4 1973 MOUNTAIN STATES TELEPHONE & TELEGRAPH COMPANY
(Date)
B .��
Title COLORADO CHIEF ENGINEER •
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