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USDA Forest Service FS-770041 (10173)
<br />PAYMENT GUARANTEE. Notwithstanding the provisions of clause 1, if the permittee furnishes and maintains an acceptable
<br />. payment bond in a penal sum of not less than $ NIA guaranteeing payment for road use up to this amount, or in lieu thereof deposits in a
<br />Federal depository, through the Regional Fiscal Agent, and maintains therein negotiable securities of the United States having a market
<br />value in like sum and agreement authorizing the bond approving officer to sell or collect such securities if payment is not made within
<br />N/A days of request therefore, the Forest Service shall permit road use in advance of cash payment up to the penal sum orsuch bond, or
<br />market value at time of deposit of negotiable securities; provided, that regardless of the penal sum of such payment bond, or the value n('
<br />such deposited securities, the permittee shall pay cash within NIA days of request therefore, for all performed road use. I I'any payment rs
<br />not received within NIA days of request therefore, the Forest Service rrray suspend all hauling under this pernut until payments due are
<br />received, and may take such action as is necessary to collect such payments from the payment guarantee surety, or by sale or collection of
<br />securities guaranteeing payments. In the event the permittee fails to make payment and collection is obtained from the surety, or from the
<br />sale or collection of the deposited securities, the-Forest Service may thereafter require the permittee to make payments in advance of road
<br />use.
<br />3. USE PLANS. Each year this permit is in effect and prior to any use under this permit, permittee shall have an approved Annual
<br />Operating Plan on file with the Paonia District Ranger. This AOP must include the approximate commencement time and duration of said
<br />use, the names and addresses of permittee's contractors or agents who will use the road on behalf of permittee, the estimated extent of use,
<br />and such other information relative to permittee's anticipated use as the Forest Service may from time to time reasonably request. if and
<br />when during the year there is any significant change with respect to the information so supplied by the permittee, the permittee will notify
<br />the Paonia District Ranger promptly in writing of such change.
<br />The Paonia District Ranger shall approve Use Plans and changes before use may commence or changes take o-afrect,
<br />4. USE RECORDS. The permittee shall by December 31" of each year this permit is in effect, or at other Forest Service approved
<br />intervals when the permittee is using the roads under this permit, furnish records satisfactory to the Paonia District Ranger which give the
<br />volume of road use by all traffic with a GVW greater than 10,000 pounds.
<br />5. COMPLIANCE WITH LAWS AND REGULATIONS. The permittee, in exercising the privileges granted by this permit, shall
<br />comply with the regulations of the Department of Agriculture and all Federal, State, county and municipal laws, ordinances or regulations
<br />which are applicable to the area or operations covered by this permit.
<br />6. USE NONEXCLUSIVE. The privileges granted in this permit to use this road are not exclusive. The Forest Service may use this
<br />road and authorize others to use it at any and all times. The permittee shall use said road in such manner as will not unrcasonahly or
<br />unnecessarily interfere with the use thereof by other authorized persons, including Forest Service.
<br />7. RULES GOVERNING USE. The permittee, its agents, employees, contractors or employees of contractors, shall comply with all
<br />reasonable rules prescribed by the Forest Service for control and safety in the use of this road and to avoid undue damage to the road.
<br />Such rules will include:
<br />(1) Upon reasonable notice, closing the road or restricting its use when, due to weather conditions, or the making of
<br />alterations or repairs, unrestricted use would in Forest Service judgment, cause extensive damage, or create
<br />hazardous conditions;
<br />(2) Upon reasonable notice, closing the road during periods when, in Forest Service judgment, there is extraordinary
<br />fire danger;
<br />(3) Traffic controls, which in Forest Service judgment, are required for safe and effective use of the road by authorized
<br />users thereof;
<br />(4) Prohibition upon the loading of logs on trucks which such trucks are standing on the roadway surface, except to recover
<br />lost logs; and
<br />(5) Prohibition on the operation on this road of any vehicles or equipment havuig cleats or other tracks which will inj are the
<br />the surface thereof; THIS RULE HAS BEEN AMENDED FOR THIS PERMIT - SEE SUPPLEMENTAL PAGES
<br />(6) Prohibition on the operation of log-hauling vehicles (of a width in excess of 110 inches and with a gross
<br />weight of vehicles and load in excess of 75,000 pounds) or (in excess of legal highway loads in the State.)
<br />If purchaser acquires a special permit from the State and adds a sixth tag axle to a five axle truck, the following
<br />restrictions will apply: The weight limit can be increased to 88,000 lbs. provided that the length is extended to a minimum
<br />of 57 feet. This length is measured from the center of the front axle to the center of the last axle. The maximum length
<br />of ?Lny vehicle using Forest Development roads is 75 feet in total length including cargo, unless a Forest Service permit
<br />authorizes additional length.
<br />2 Microsoft Word 2000
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