SW1231201_Property Deed_20231212

USDA United States Forest National Forests in North Carolina 1600 Pisgah Highway
Department of Service Pisgah Ranger District Pisgah Forest,NC 28768
- Agriculture 828-877-3265
Fax: [phone]
File Code: 2720
Date:
NC Wildlife Resources Commission
512 N. Salisbury Street
Raleigh NC 27604
Dear Mr. Kleinmaier,
Enclosed is a fully executed reissuance of your Special Use Permit,NCSO6, for geotechnical
boring within the Setzer Fish Hatchery permit area. Thank you for returning the signed permit to
us in a timely fashion. Your new permit will expire 12/31/2021.
Please reach out to Forest Service archaeologists at least two weeks prior to the boring, as their
presence will be required to ensure no cultural resources are disturbed.
If you have any questions regarding this permit,please contact John Thompson, Special Uses
Program Manager at 828-302-1687 or [e-mail].
Sincerely,
DAVID CASEY Digitally signed by DAVID CASEY
Date:202109.0715:40:28-0400'
DAVID CASEY
District Ranger
ENCLOSURE: Permit
Caring for the Land and Serving People Printed on Recycled Paper "r

Authorization ID: NCS06 FS-2700-4(VER.03/17)
Contact Name:N.C.WILDLIFE RESOURCES COMM. OMB 0596-0082
Expiration Date: 12/31/2021
Use Code:561
U.S. DEPARTMENT OF AGRICULTURE
FOREST SERVICE
SPECIAL USE PERMIT
Authority: ORGANIC ADMINISTRATION ACT June 4, 1897
N.C. WILDLIFE RESOURCES COMM. of INLAND FISHERIES DIVISION 512 N. SALISBURY STREET RALEIGH NC
UNITED STATES 27604(hereinafter"the holder") is authorized to use or occupy National Forest System lands in the
NATIONAL FORESTS IN NORTH CAROLINA or Pisgah Ranger District of the National Forest System, subject to the
terms and conditions of this special use permit(the permit).
This permit covers 7 locations, ("the permit area"), as shown on the map attached as Appendix A. This and any other
appendices to this permit are hereby incorporated into this permit.
This permit issued for the purpose of:
Geo-boring at the Setzer Fish Hatchery. Boring is approved in 7 locations utilizing a truck mounted drill rig.This
project is related to the Setzer Fish Hatchery Renovation Project(PIS105302).
Exhibit A: Map
Exhibit B: Design Features
TERMS AND CONDITIONS
I. GENERAL TERMS
A.AUTHORITY.This permit is issued pursuant to the ORGANIC ADMINISTRATION ACT June 4, 1897 and 36 CFR Part
251, Subpart B, as amended, and is subject to their provisions.
B.AUTHORIZED OFFICER.The authorized officer is the Forest or Grassland Supervisor or a subordinate officer with
delegated authority.
C.TERM.This permit shall expire at midnight on 12/31/2021, 3 months from the date of issuance.
D. CONTINUATION OF USE AND OCCUPANCY.This permit is not renewable. Prior to expiration of this permit,the
holder may apply for a new permit for the use and occupancy authorized by this permit.Applications for a new permit must
be submitted at least 6 months prior to expiration of this permit. Issuance of a new permit is at the sole discretion of the
authorized officer.At a minimum, before issuing a new permit,the authorized officer shall ensure that(1)the use and
occupancy to be authorized by the new permit is consistent with the standards and guidelines in the applicable land
management plan; (2)the type of use and occupancy to be authorized by the new permit is the same as the type of use
and occupancy authorized by this permit; and (3)the holder is in compliance with all the terms of this permit. The
authorized officer may prescribe new terms and conditions when a new permit is issued.
E.AMENDMENT.This permit may be amended in whole or in part by the Forest Service when, at the discretion of the
authorized officer, such action is deemed necessary or desirable to incorporate new terms that may be required by law,
regulation, directive,the applicable forest land and resource management plan, or projects and activities implementing a
land management plan pursuant to 36 CFR Part 215.
F. COMPLIANCE WITH LAWS, REGULATIONS,AND OTHER LEGAL REQUIREMENTS. In exercising the rights and
privileges granted by this permit,the holder shall comply with all present and future federal laws and regulations and all
present and future state, county, and municipal laws, regulations, and other legal requirements that apply to the permit
area, to the extent they do not conflict with federal law, regulation, or policy.The Forest Service assumes no responsibility
for enforcing laws, regulations, and other legal requirements that fall under the jurisdiction of other governmental entities.

G. NON-EXCLUSIVE USE.The use or occupancy authorized by this permit is not exclusive. The Forest Service reserves
the right of access to the permit area, including a continuing right of physical entry to the permit area for inspection,
monitoring, or any other purpose consistent with any right or obligation of the United States under any law or regulation.
The Forest Service reserves the right to allow others to use the permit area in any way that is not inconsistent with the
holder's rights and privileges under this permit, after consultation with all parties involved. Except for any restrictions that
the holder and the authorized officer agree are necessary to protect the installation and operation of authorized temporary
improvements, the lands and waters covered by this permit shall remain open to the public for all lawful purposes.
H.ASSIGNABILITY.This permit is not assignable or transferable.
II.IMPROVEMENTS
A. LIMITATIONS ON USE. Nothing in this permit gives or implies permission to build or maintain any structure or facility
or to conduct any activity, unless specifically authorized by this permit.Any use not specifically authorized by this permit
must be proposed in accordance with 36 CFR 251.54. Approval of such a proposal through issuance of a new permit or
permit amendment is at the sole discretion of the authorized officer.
B. PLANS.All plans for development, layout, construction, reconstruction, or alteration of improvements in the permit
area, as well as revisions to those plans must be prepared by a professional engineer, architect, landscape architect, or
other qualified professional based on federal employment standards acceptable to the authorized officer.These plans and
plan revisions must have written approval from the authorized officer before they are implemented.The authorized officer
may require the holder to furnish as-built plans, maps, or surveys upon completion of the work.
C. CONSTRUCTION.Any construction authorized by this permit shall commence by NA and shall be completed by NA.
III. OPERATIONS.
A. PERIOD OF USE. Use or occupancy of the permit area shall be exercised at least 1 day each year.
B. CONDITION OF OPERATIONS.The holder shall maintain the authorized improvements and permit area to standards
of repair, orderliness, neatness, sanitation, and safety acceptable to the authorized officer and consistent with other
provisions of this permit. Standards are subject to periodic change by the authorized officer when deemed necessary to
meet statutory, regulatory, or policy requirements or to protect national forest resources.The holder shall comply with
inspection requirements deemed appropriate by the authorized officer.
C. MONITORING BY THE FOREST SERVICE. The Forest Service shall monitor the holder's operations and reserves the
right to inspect the permit area and transmission facilities at any time for compliance with the terms of this permit.The
holder shall comply with inspection requirements deemed appropriate by the authorized officer. The holder's obligations
under this permit are not contingent upon any duty of the Forest Service to inspect the permit area or transmission
facilities.A failure by the Forest Service or other governmental officials to inspect is not a justification for noncompliance
with any of the terms and conditions of this permit.
IV. RIGHTS AND LIABILITIES
A. LEGAL EFFECT OF THE PERMIT.This permit,which is revocable and terminable, is not a contract or a lease, but
rather a federal license.The benefits and requirements conferred by this authorization are reviewable solely under the
procedures set forth in 36 CFR 214 and 5 U.S.C. 704. This permit does not constitute a contract for purposes of the
Contract Disputes Act, 41 U.S.C. 601. The permit is not real property, does not convey any interest in real property, and
may not be used as collateral for a loan.
B.VALID EXISTING RIGHTS.This permit is subject to all valid existing rights.Valid existing rights include those derived
under mining and mineral leasing laws of the United States. The United States is not liable to the holder for the exercise of
any such right.
C.ABSENCE OF THIRD-PARTY BENEFICIARY RIGHTS. The parties to this permit do not intend to confer any rights on
any third party as a beneficiary under this permit.
D. SERVICES NOT PROVIDED. This permit does not provide for the furnishing of road or trail maintenance,water, fire
protection, search and rescue, or any other such service by a government agency, utility, association, or individual.

E. RISK OF LOSS. The holder assumes all risk of loss associated with use or occupancy of the permit area, including but
not limited to theft,vandalism,fire and any fire-fighting activities(including prescribed burns), avalanches, rising waters,
winds,falling limbs or trees, and other forces of nature. If authorized temporary improvements in the permit area are
destroyed or substantially damaged, the authorized officer shall conduct an analysis to determine whether the
improvements can be safely occupied in the future and whether rebuilding should be allowed. If rebuilding is not allowed,
the permit shall terminate.
F. DAMAGE TO UNITED STATES PROPERTY.The holder has an affirmative duty to protect from damage the land,
property, and other interests of the United States. Damage includes but is not limited to fire suppression costs and
damage to government owned improvements covered by this permit.
costs, and all administrative, legal (including attorney's fees), and othcr costs. Such costs may be deducted from a
performance bond required under clause IV.J.
G. HEALTH AND SAFETY.The holder shall take all m asurcs necessary to protect the h alth and safety of all persons
causes or threatens to cause a hazard to the health or safety of the public or the holder's employees or agents.The holder
shall as soon as practicable notify the authorized officer of all serious accidents that occur in connection with these
LI ENVIRONMENTAL PROTECTION
1. For purposes of clause IV.H and section V, "hazardous material"shall mean (a)any hazardous substance under
section 101(14)of the Comprehensive Environmental Response, Compensation, and Liability Act(CERCLA),42 U.S.C.
9601(14); (b)any pollutant or contaminant under section 101(33)of CERCLA,42 U.S.C. 9601(33); (c)any petroleum
product or its derivative, including fuel oil, and waste oils; and (d)any hazardous substance, extremely hazardous
substance, toxic substance, hazardous waste, ignitable, reactive or corrosive materials, pollutant, contaminant, element,
compound, mixture, solution or substance that may pose a present or potential hazard to human health or the environment
Oder n plicable a ental laws
2.The holder shall avoid damaging or contaminating the environment, including but not limited to the soil, vegetation (such
to the satisfactio of the a uthorized officer and at n e to the United Staten
regulations abate any physical or mechanical procedure, activity, event, or condition existing or occurring in connection
resources.
I. INDEMNIFICATION OF THE UNITED STATES.The holder shall indemnify, defend, and hold harmless the United
the holder in connection with the use or occupancy authorized by this permit. This indemnification provision includes but is
not limited to acts and omissions of the holder or the holder's heirs, assigns, agents, employees, contractors, or lessees in
which are now or which may in the future become applicable; (2)judgments, claims, demands, penalties, or fees assessed

threatened release of any solid waste, hazardous waste, hazardous materials, pollutant, contaminant, oil in any form, or
monetary indemnification.
J. BONDING.The authorized officer may require the holder to furnish a surety bond or other security for any of the
obligations imposed by the terms and conditions of this permit or any applicable law, regulation, or order.
K. INSURANCE.The holder shall furnish proof of insurance, such as a certificate of insurance,to the authorized officer
obtained by the holder pursuant to this clause shall name the United States as an additional insured, and the additional
officer of cancellation of or any modification to the insurance policy. The certificate of insurance,the authenticated copy of
nle discretion of the authorized officer on the a .date of this o mit
V. RESOURCE PROTECTION
A. COMPLIANCE WITH ENVIRONMENTAL LAWS. The holder shall in connection with the use or occupancy authorized
by this permit comply with all applicable federal, state, and local environmental laws and regulations, including but not
limited to those established pursuant to the Resource Conservation and Recovery Act, as amended,42 U.S.C. 6901 et
seq., the Federal Water Pollution Control Act, as amended, 33 U.S.C. 1251 et seq.,the Oil Pollution Act, as amended, 33
U.S.C. 2701 et seq.,the Clean Air Act, as amended,42 U.S.C. 7401 et seq., CERCLA, as amended,42 U.S.C. 9601 et
seq., the Toxic Substances Control Act, as amended, 15 U.S.C. 2601 et seq.,the Federal Insecticide, Fungicide, and
Rodenticide Act, as amended, 7 U.S.C. 136 et seq., and the Safe Drinking Water Act, as amended,42 U.S.C. 300f et seq.
B.VANDALISM.The holder shall take reasonable measures to prevent and discourage vandalism and disorderly conduct
and when necessary shall contact the appropriate law enforcement officer.
C. PESTICIDE USE.
1.Authorized Officer Concurrence. Pesticides may not be used outside of buildings in the permit area to control pests,
including undesirable woody and herbaceous vegetation (including aquatic plants), insects, birds, rodents, or fish without
prior written concurrence of the authorized officer. Only those products registered or otherwise authorized by the U.S.
Environmental Protection Agency and appropriate State authority for the specific purpose planned shall be authorized for
use within areas on National Forest System lands.
2. Pesticide-Use Proposal. Requests for concurrence of any planned uses of pesticides shall be provided in advance
using the Pesticide-Use Proposal (form FS-2100-2).Annually the holder shall, on the due date established by the
authorized officer, submit requests for any new, or continued, pesticide usage. The Pesticide-Use Proposal shall cover a
12-month period of planned use. The Pesticide-Use Proposal shall be submitted at least 60 days in advance of pesticide
application. Information essential for review shall be provided in the form specified. Exceptions to this schedule may be
allowed, subject to emergency request and approval, only when unexpected outbreaks of pests require control measures
which were not anticipated at the time a Pesticide-Use Proposal was submitted.
3. Labeling, Laws, and Regulations. Label instructions and all applicable laws and regulations shall be strictly followed in
the application of pesticides and disposal of excess materials and containers. No pesticide waste, excess materials, or
containers shall be disposed of in any area administered by the Forest Service.
D.ARCHAEOLOGICAL-PALEONTOLOGICAL DISCOVERIES. The holder shall immediately notify the authorized officer
of all antiquities or other objects of historic or scientific interest, including but not limited to historic or prehistoric ruins,
fossils, or artifacts discovered in connection with the use and occupancy authorized by this permit.The holder shall follow
the applicable inadvertent discovery protocols for the undertaking provided in an agreement executed pursuant to section
106 of the National Historic Preservation Act, 54 U.S.C. 306108; if there are no such agreed-upon protocols,the holder
shall leave these discoveries intact and in place until consultation has occurred, as informed, if applicable, by any
programmatic agreement with tribes. Protective and mitigation measures developed under this clause shall be the

responsibility of the holder. However,the holder shall give the authorized officer written notice before implementing these
measures and shall coordinate with the authorized officer for proximate and contextual discoveries extending beyond the
permit area.
E. NATIVE AMERICAN GRAVES PROTECTION AND REPATRIATION ACT(NAGPRA). In accordance with 25 U.S.C.
3002(d)and 43 CFR 10.4, if the holder inadvertently discovers human remains,funerary objects, sacred objects, or
objects of cultural patrimony on National Forest System lands,the holder shall immediately cease work in the area of the
discovery and shall make a reasonable effort to protect and secure the items. The holder shall follow the applicable
NAGPRA protocols for the undertaking provided in the NAGPRA plan of action or the NAGPRA comprehensive
agreement; if there are no such agreed-upon protocols, the holder shall as soon as practicable notify the authorized officer
of the discovery and shall follow up with written confirmation of the discovery.The activity that resulted in the inadvertent
discovery may not resume until 30 days after the forest archaeologist certifies receipt of the written confirmation, if
resumption of the activity is otherwise lawful, or at any time if a binding written agreement has been executed between the
Forest Service and the affiliated Indian tribes that adopts a recovery plan for the human remains and objects.
F. PROTECTION OF THREATENED AND ENDANGERED SPECIES, SENSITIVE SPECIES,AND SPECIES OF
CONSERVATION CONCERN AND THEIR HABITAT.
1.Threatened and Endangered Species and Their Habitat. The location of sites within the permit area needing special
measures for protection of plants or animals listed as threatened or endangered under the Endangered Species Act(ESA)
of 1973, 16 U.S.C. 1531 et seq., as amended, or within designated critical habitat shall be shown on a map in an appendix
to this permit and may be shown on the ground. The holder shall take any protective and mitigation measures specified by
the authorized officer as necessary and appropriate to avoid or reduce effects on listed species or designated critical
habitat affected by the authorized use and occupancy. Discovery by the holder or the Forest Service of other sites within
the permit area containing threatened or endangered species or designated critical habitat not shown on the map in the
appendix shall be promptly reported to the other party and shall be added to the map.
2. Sensitive Species and Species of Conservation Concern and Their Habitat.The location of sites within the permit area
needing special measures for protection of plants or animals designated by the Regional Forester as sensitive species or
as species of conservation concern pursuant to FSM 2670 shall be shown on a map in an appendix to this permit and may
be shown on the ground.The holder shall take any protective and mitigation measures specified by the authorized officer
as necessary and appropriate to avoid or reduce effects on sensitive species or species of conservation concern or their
habitat affected by the authorized use and occupancy. Discovery by the holder or the Forest Service of other sites within
the permit area containing sensitive species or species of conservation concern or their habitat not shown on the map in
the appendix shall be promptly reported to the other party and shall be added to the map.
G. CONSENT TO STORE HAZARDOUS MATERIALS.The holder shall not store any hazardous materials at the site
without prior written approval from the authorized officer.This approval shall not be unreasonably withheld. If the
authorized officer provides approval, this permit shall include, or in the case of approval provided after this permit is
issued, shall be amended to include specific terms addressing the storage of hazardous materials, including the specific
type of materials to be stored, the volume,the type of storage, and a spill plan. Such terms shall be proposed by the
holder and are subject to approval by the authorized officer.
H. CLEANUP AND REMEDIATION.
1.The holder shall immediately notify all appropriate response authorities, including the National Response Center and
the authorized officer or the authorized officer's designated representative, of any oil discharge or of the release of a
hazardous material in the permit area in an amount greater than or equal to its reportable quantity, in accordance with 33
CFR Part 153, Subpart B, and 40 CFR Part 302. For the purposes of this requirement, "oil" is as defined by section
311(a)(1)of the Clean Water Act, 33 U.S.C. 1321(a)(1).The holder shall immediately notify the authorized officer or the
authorized officer's designated representative of any release or threatened release of any hazardous material in or near
the permit area which may be harmful to public health or welfare or which may adversely affect natural resources on
federal lands.
2. Except with respect to any federally permitted release as that term is defined under Section 101(10)of CERCLA, 42
U.S.C. 9601(10), the holder shall clean up or otherwise remediate any release, threat of release, or discharge of
hazardous materials that occurs either in the permit area or in connection with the holder's activities in the permit area,
regardless of whether those activities are authorized under this permit. The holder shall perform cleanup or remediation
immediately upon discovery of the release,threat of release, or discharge of hazardous materials. The holder shall
perform the cleanup or remediation to the satisfaction of the authorized officer and at no expense to the United States.
Upon revocation or termination of this permit, the holder shall deliver the site to the Forest Service free and clear of

contamination.
VI. LAND USE FEE AND DEBT COLLECTION
A. LAND USE FEES.The use or occupancy authorized by this permit is exempt from a land use fee or the land use fee
has been waived in full pursuant to 36 CFR 251.57 and Forest Service Handbook 2709.11, Chapter 30.
VII. REVOCATION, SUSPENSION,AND TERMINATION
A. REVOCATION AND SUSPENSION.The authorized officer may revoke or suspend this permit in whole or in part:
1. For noncompliance with federal, state, or local law.
2. For noncompliance with the terms of this permit.
3. For abandonment or other failure of the holder to exercise the privileges granted.
4.With the consent of the holder.
5. For specific and compelling reasons in the public interest.
Prior to revocation or suspension, other than immediate suspension under clause VII.B,the authorized officer shall give
the holder written notice of the grounds for revocation or suspension and a reasonable period,typically not to exceed 90
days,to cure any noncompliance.
B. IMMEDIATE SUSPENSION. The authorized officer may immediately suspend this permit in whole or in part when
necessary to protect public health or safety or the environment. The suspension decision shall be in writing. The holder
may request an on-site review with the authorized officer's supervisor of the adverse conditions prompting the suspension.
The authorized officer's supervisor shall grant this request within 48 hours. Following the on-site review, the authorized
officer's supervisor shall promptly affirm, modify, or cancel the suspension.
C.APPEALS AND REMEDIES.Written decisions by the authorized officer relating to administration of this permit are
subject to administrative appeal pursuant to 36 CFR Part 214, as amended. Revocation or suspension of this permit shall
not give rise to any claim for damages by the holder against the Forest Service.
D.TERMINATION. This permit shall terminate when by its terms a fixed or agreed upon condition, event, or time occurs
without any action by the authorized officer. Examples include but are not limited to expiration of the permit by its terms on
a specified date and termination upon change of control of the business entity.Termination of this permit shall not require
notice, a decision document, or any environmental analysis or other documentation. Termination of this permit is not
subject to administrative appeal and shall not give rise to any claim for damages by the holder against the Forest Service.
E. RIGHTS AND RESPONSIBILITIES UPON REVOCATION OR TERMINATION WITHOUT ISSUANCE OF A NEW
PERMIT. Upon revocation or termination of this permit without issuance of a new permit,the holder shall remove all
structures and improvements, except those owned by the United States,within a reasonable period prescribed by the
authorized officer and shall restore the site to the satisfaction of the authorized officer. If the holder fails to remove all
structures and improvements within the prescribed period, they shall become the property of the United States and may
be sold, destroyed, or otherwise disposed of without any liability to the United States. However, the holder shall remain
liable for all costs associated with their removal, including costs of sale and impoundment, cleanup, and restoration of the
site.VIII. MISCELLANEOUS PROVISIONS
A. MEMBERS OF CONGRESS. No member of or delegate to Congress or resident commissioner shall benefit from this
permit either directly or indirectly, except to the extent the authorized use provides a general benefit to a corporation.
B. CURRENT ADDRESSES.The holder and the Forest Service shall keep each other informed of current mailing
addresses, including those necessary for billing and payment of land use fees.
C. SUPERSEDED PERMIT. This permit is not superseded.

D. SUPERIOR CLAUSES. If there is a conflict between any of the preceding printed clauses and any of the following
clauses,the preceding printed clauses shall control.
IX. INDEMNIFICATION AND INSURARANCE REQUIREMENTS FOR STATES (B-12)
A. DAMAGE TO UNITED STATES PROPERTY._The holder has an affirmative duty to protect from damage the land,
property, and other interests of the United States. Damage includes but is not limited to fire suppression costs, and all
costs and damages associated with or resulting from the release or threatened release of a hazardous material occurring
during or as a result of activities of the holder or the holder's heirs, assigns, agents, employees, contractors, or lessees on,
or related to,the lands, property, and other interests covered by this permit. For purposes of clauses IV.G and section V,
"hazardous material"shall mean (a)any hazardous substance under section 101(14)of the Comprehensive
Environmental Response, Compensation, and Liability Act(CERCLA),42 U.S.C. §9601(14); (b)any pollutant or
contaminant under section 101(33)of CERCLA,42 U.S.C. §9601(33); (c)any petroleum product or its derivative,
including fuel oil, and waste oils; and (d)any hazardous substance, extremely hazardous substance,toxic substance,
hazardous waste, ignitable, reactive or corrosive materials, pollutant, contaminant, element, compound, mixture, solution
or substance that may pose a present or potential hazard to human health or the environment under any applicable
environmental laws.
1.The holder shall avoid damaging or contaminating the environment, including but not limited to the soil, vegetation (such
as trees, shrubs, and grass), surface water, and groundwater, during the holder's use and occupancy of the permit area. If
the environment or any government property covered by this permit becomes damaged during the holder's use and
occupancy of the permit area, the holder shall immediately repair the damage or replace the damaged items to the
satisfaction of the Authorized Officer and at no expense to the United States.
2. Subject only to the limits on the holder's liability under the North Carolina State Tort Claims Act,the holder shall be
liable for all injury, loss, or damage, including fire suppression or other costs associated with rehabilitation or restoration of
natural resources, associated with the holder's use and occupancy of the permit area. Compensation shall include but is
not limited to the value of resources damaged or destroyed,the costs of restoration, cleanup, or other mitigation,fire
suppression or other types of abatement costs, and all associated administrative, legal (including attorney's fees), and
other costs. Such costs may be deducted from a performance bond required under clause IV.L.
3.The holder shall be liable for damage caused by use of the holder or the holder's heirs, assigns, agents, employees,
contractors, or lessees to all roads and trails of the United States that are open to public use to the same extent as
provided under clause IV.G.1, except that liability shall not include reasonable and ordinary wear and tear.
B. INDEMNIFICATION OF THE UNITED STATES. Subject only to the limits on the holder's liability under the North
Carolina State Tort Claims Act,the holder shall indemnify, defend, and hold harmless the United States for any costs,
damages, claims, liabilities, and judgments arising from past, present, and future acts or omissions of the holder in
connection with the use and occupancy Authorized by this permit. This indemnification and hold harmless provision
includes but is not limited to acts and omissions of the holder or the holder's heirs, assigns, agents, employees,
contractors, or lessees in connection with the use and occupancy Authorized by this permit which result in (1)violations of
any laws and regulations which are now or which may in the future become applicable, including but not limited to those
environmental laws listed in this permit; (2)judgments, claims, demands, penalties, or fees assessed against the United
States; (3)costs, expenses, and damages incurred by the United States; or(4)the release or threatened release of any
solid waste, hazardous waste, hazardous substance, pollutant, contaminant, oil in any form, or petroleum product into the
environment.
C. ENVIRONMENTAL AND OTHER LIABILITY. Clauses IV.G and IV.I shall not be interpreted to limit any of the holder's
liability for, or prevent the United States from taking any action to address, injury, loss, damages, or costs associated with
environmental contamination, injury to natural resources, or other cause of action that arises under other law, including the
Resource Conservation and Recovery Act, as amended,42 U.S.C. §6901 et seq., CERCLA,42 U.S.C. §9601 et seq.,
and the Clean Water Act, as amended, 33 U.S.C. § 1251 et seq., in connection with the holder's use and occupancy of
federal lands, or to diminish any independent obligation of the holder to indemnify the United States with respect to the
same.
D. INSURANCE.The Authorized Officer has determined through a risk assessment that the potential liability of the United
States for property damage and personal injury or death arising from the holder's use and occupancy Authorized by this
permit is the liability limit in State Tort Claims Act or less per incident. Pursuant to the North Carolina State Tort Claims
Act,the holder shall provide self-insurance covering claims for personal injury or death up to the liability limit in State Tort
Claims Act.The self-insurance documentation shall name the United States as an additional insured. The coverage under
the holder's self-insurance shall extend to property damage and personal injury or death arising from the holder's activities

under the permit, including use and occupancy of National Forest System lands and the construction, maintenance,and
operation of the structures,facilities,or equipment Authorized by the permit.
1.The Forest Service reserves the right to review and approve the self-insurance documentation and the CGL insurance.
The holder shall send a copy of the approved self-insurance documentation and an authenticated copy of the CGL
insurance to the Forest Service immediately upon approval or issuance.The self-insurance documentation the CGL
insurance shall specify that the Forest Service shall be given 30 days prior written notice of cancellation or any
modification of the self-insurance documentation or CGL insurance.
2. If there is a conflict between this permit,the certificate of insurance provided by the State risk management division
(certificate)and/or State risk management division self-insurance policy manuals(self-insurance policy manuals),the
order of precedence among those documents shall be(1)this permit; (2)the certificate;and(3)the self-insurance policy
manuals.
3. If a claim is submitted to the United States for property damage and personal injury or death arising from the holder's
use and occupancy Authorized by this permit,the Forest Service shall tender the defense of the claim to the respective
representatives of the self-insurance and procured insurance provider.The holder understands that tort claims against the
United States are governed by the Federal Tort Claims Act,which may result in the administrative denial of a claim.The
holder further understands that in litigation the United States is represented by the United States Department of Justice
(DOJ)and agrees that representatives of the self-insurance and procured insurance provider will coordinate the defense
with DOJ, if a claim is litigated.
THIS PERMIT IS ACCEPTED SUBJECT TO ALL ITS TERMS AND CONDITIONS.
BEFORE ANY PERMIT IS ISSUED TO AN ENTITY, DOCUMENTATION MUST BE PROVIDED TO THE AUTHORIZED
OFFICER OF THE AUTHORITY OF THE SIGNATORY FOR THE ENTITY TO BIND IT TO THE TERMS AND
CONDITIONS OF THE PERMIT.
ACCEPTED:
cif
HOLDER NAME, PRECEDED BY NAME AND TITLE SIG ATURE DATE
OF PERSON SIGNING ON BEHALF OF HOLDER,
IF HOLDER IS AN ENTITY
APPROVED:
DAVE CASEY DAV I D CASEY Digitally signed by DAVID CASEY
District Ranger Date:202sli 07 1542:01 04'00'
NAME AND TITLE OF AUTHORIZED OFFICER SIGNATURE DATE
According to the Paperwork Reduction Act of 1995,an agency may not conduct or sponsor,and a person is not required to respond to a collection of information unless it displays a
valid OMB control number.The valid OMB control number for this information collection is 0596-0082.The time required to complete this information collection is estimated to average
one hour per response,including the time for reviewing instructions,searching existing data sources,gathering and maintaining the data needed,and completing and reviewing the
collection of information.
The U.S.Department of Agriculture(USDA)prohibits discrimination in all its programs and activities on the basis of race,color,national origin,age,disability,and,where applicable,
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(,ORESTSERV��F� Special Use Authorization - Exhibit A
)U S
oFw w, j
V National Forests in North Carolina Created by:John Thompson,Special Uses Program Manager
8/20/2021
,,. •,\ Bore 5: Effluent Waste Treatment
Bore 3: EQ Basin -82.792779 35.284644
-82.796095 35.284438 ,,, Depth: 10'
Depth: 18' . ?!t� ;, q• • ', �,•
Bore 1: Grit System �,.
M -82.799402 35.284506Olt '''n
��� Depth-25 ��
Bore 6: Raceways
�,ilk ;,d, ' -82.795618 35.284406
!` i ,. - Depth: 10'
tfrA, :AIL
Bore 4: Broodstock '' b=
-82.796232 35.284136 \ Bore 7: Hatchery Building
Depth: 10' -82.795530 35.284016
Depth: 5'
i.rot ,41r 1y , ''i , '1. f.icr + �d y
,` I
Bore 2: Grit System
-82.796366 35.280135 .
• Depth: 20' :'
•
Legend
NC Wildlife Comm
1- N . NFS Lands
llifiAr W+E Boundary of proposed disturbance Authorization ID: TBD
s 0 Boring site Use Code: 512
County: Transylvania
0 00,250025 005 00,5 Quad Map: Shining Rock
Miles

Exhibit B:
Design Features
Archaeology
• Bores#3,#5,#6 are considered PA 106 exempt(past archaeological survey or the site is located
within an existing roadway) and will not require additional review. No Forest Service monitoring
is required for these test sites.
• Bores#1,#2,#4, #7 have not had an archaeological review in the past. A Forest Service
archaeologist will be required to be on site to monitor the excavation of these bores. At least
two weeks prior to boring activities,the permit holder is required to contact Kelsey Schmitz
([e-mail]) and Joel Hardison ([e-mail])to set up a time for
monitoring.
o During this monitoring,the archaeologist may request to excavate a 30cm round shovel
test in the vicinity to check for any intact cultural stratigraphic layers.
o The archaeologist will need to examine the soil column excavated from the boring
process down to below any possible cultural habitation levels.
• Should cultural resources be discovered,work must halt immediately at the affected bore sites.
Additional analysis or consultation may be required prior to the Forest Service allowing the work
to proceed.