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PERMFILE65943
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PERMFILE65943
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Last modified
8/24/2016 11:11:55 PM
Creation date
11/20/2007 9:06:58 PM
Metadata
Fields
Template:
DRMS Permit Index
Permit No
M1999077
IBM Index Class Name
Permit File
Doc Date
7/12/1999
Doc Name
CONSTRUCTION MATERIALS REGULAR 112 OPERATION RECLAMATION PERMIT APPLICATION FORM
Media Type
D
Archive
No
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~ i <br />E. In the event of any breach of the conditions of this authorization by <br />' the holder, the Authorized Officer may, on reasonable notice, cure the <br />breach for the account at the expense of the holder. If the Forest Service <br />at any time pays any sum of money or does any act which will require payment <br />of money, or incurs any expense, including reasonable attorney's fees, in <br />instituting, prosecuting, and/or defending any action or proceeding to <br />enforce the United States rights hereunder, the sum or sums so paid by the <br />United States, with all interests, costa and damages shall, at the election <br />of the Forest Service, be deemed to be additional fees hereunder and shall <br />be due from the holder to the Forest Service on the first day of the month <br />following such election. <br />F. with respect to roads, the holder shall be proportionally liable for <br />damages to all roads and trails of the United States open to public use <br />caused by the holder's use to the same extent as provided above, except that <br />liability shall not include reasonable and ordinary wear and tear. <br />G. The Forest Service has no duty to inspect the permit area or to warn of <br />hazards and, if the Forest Service does inspect the permit area, it shall <br />incur no additional duty nor liability for identified or non-identified <br />hazards. This covenant may be enforced by the United States in a court of <br />competent jurisdiction. <br />V. TERMINATION, REVOCATION, AND SUSPENSION <br />A. General. For purposes of this permit, "termination", "revocation", and <br />"suspension" refer to the cessation of uses and privileges under the permit. <br />"Termination" refers to the cessation of the permit under its own terms <br />without the necessity for any decision or action by the authorized officer. <br />Termination occurs automatically when, by the terms of the permit, a fixed <br />or agreed upon condition, event, or time occurs. For example, the permit <br />terminates at expiration. Terminations are not appealable. <br />"Revocation" refers to an action by the authorized officer to end the <br />permit because of noncompliance with any of the prescribed terms, or for <br />reasons in the public interest. Revocations are appealable. <br />"Suspension" refers to a revocation which is temporary and the <br />privileges may be restored upon the occurrence of prescribed actions or <br />conditions. Suspensions are appealable. <br />B, Revocation or Suspension. The Forest Service may suspend or revoke this <br />permit in whole or part for: <br />1. Noncompliance with Federal, State, or local laws and regulations. <br />2. Noncompliance with the terms and conditions of this permit. <br />3. Reasons in the public interest. <br />9. Abandonment or other failure of tl~e holder to otherwise exercise the <br />privileges granted. <br />C. O~~portunity to Take Corrective Action. Prior to revocation or <br />suspension for cause pursuant to Section V (B~, the authorized officer shall <br />give the holder written notice of the grounds for each action and a <br />reasonable time, not to exceed 90 days, to complete the corrective action <br />prescribed by the authorized officer. <br />Page 5 <br />
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