Loading...
FY2017-38 Established An "Allowable Cut" Of Timber For Borough Land On Raspberry IslandKODIAK ISLAND BOROUGH RESOURCE MANAGEMENT OFFICE FOREST RESOURCES PROGRAM SMALL SCALE TIMBER SALE PERMITTEE: Dave Townsend/Rob Baer KIB Contract No. FY2017-38 P.O. Box 9044 Kodiak, AK 99615 Effective Date: Upon Approval by Assembly Expiration Date: 12-31-2018 dave.townsendt7a.kibassembly.oro (907) 654-4123 E-mail Address Phone Number The Permittee and the Kodiak Island Borough agree to this permit for the sale and removal of timber under KIBC 18.70 (Timber Sales), and under the written provisions of this permit to sell timber. All applicable laws and regulations are incorporated by reference as terms of the permit. Section 1: Description of Area: 10 acres all within the protracted remainder of Section 33, T24S, R24W, Seward Meridian, comprising 540 acres more or less. (see attached map) Section 2: Removal of Timber: The Permittee requests to remove 50 house logs between 16 and 24 inches in diameter per the attached proposal and request for timber sale (Attachment 1) signed by the applicants. Section 3: Price of Permit: The Permittee agrees to pay $2,500 as the permit fee, based on a nominal value of $1.00 per lineal foot of timber to be recovered by the applicant. Payment shall be made payable to the Kodiak Island Borough. Payment shall be made in full prior to the execution of the permit by the Kodiak Island Borough. This payment is non-refundable. Section 4: Performance Bond: To assure faithful compliance with this permit, the Permittee shall file with the Borough a performance bond in the amount of $2,500. The Borough agrees to return the bond when the Permittee has fully satisfied the terms of the permit. The Permittee agrees that the Borough may keep all or part of the bond in partial satisfaction of the Permittee's obligations under the permit if the Permittee has not met his/her obligations without prejudice to any other remedies the Borough has for the Permittee's breach of permit. Section 5: Notification: The Permittee shall provide the Borough with a plan of operations at least 3 days before operations commence. Operations shall not commence until a plan of operations has been received and approved by the Borough Section 6: Title: Title to the timber to be sold in the permit area shall remain with the Borough until removed from the permit area. Section 7: Liability: The Permittee shall defend, indemnify, and hold the Borough harmless from any and all claims, demands, suits, loss, liability and expense for injury to, or death of, persons and damage to, or loss of, property arising out of, or connected with, the exercise of the privileges granted the Permittee by this permit. Section 8: Applicable Laws and Regulations: The Permittee shall comply with all laws and regulations applicable to this permit, including but not limited to Kodiak Island Borough Code Chapter 3.45, the Forest Resources and Practices Act and Regulations (if applicable), the Forest Fire Protection Regulations, State Fish and Game Regulations pertaining to the protection of wildlife and wildlife habitat, the Protection of Forested Lands Act, and State regulations pertaining to safety, sanitation, and the use of explosives. Such laws and regulations shall have the force of any other provision of this permit, and violation shall be cause for suspension of this permit in addition to any penalties prescribed by law. Section 9: Fish Spawning Waters: All operations in connection with this permit adjacent to lakes, streams, or important fish waters shall be conducted so as to avoid causing stream silting, and shall not be permitted to interfere with the passage of fish or to injure the spawning grounds in accordance with AS 41.14. Section 10: Proper Location by Permittee: The Permittee is responsible for accurately locating his/her operations on Borough land within the permit area specified on the front page of this permit. Section 11: Permittee Representative: During all periods of operation, the Permittee shall have a representative in the permit area authorized to act on his/her behalf in response to notices and instructions given by authorized Borough personnel regarding performance under this permit. The Permittee's representative shall be identified in the plan of operations. Section 12: Stump Height: Any stump cut so as to exceed a height equal to the diameter of the stump outside the bark as measured on the side adjacent to the highest ground, except when necessary for safe and efficient conduct of felling, shall be paid for by the Permittee at the rate of $5/stump, which sum shall be regarded as fixed, agreed, and liquidated damages and shall be assessable against the bond. Section 13: Roads, Skid Trails, and Landings: Locations and specifications of roads, skid trails, and landings shall be identified in the plan of operations and approved by the Borough prior to their construction. Upon completion of operations, existing roads will be left in a condition equal to, or better than they were before operations began. Any new roads constructed under this permit will be developed and put to bed as directed by the Borough and as outlined in Section 19. The Permittee shall maintain access to the site to the level or better than that existing prior to operations during the term of the operations in the permit area and on any associated Borough infrastructure used as part of this permit. This permit does not imply or authorize use of roads or facilities not owned by the Borough. It is the responsibility of the Permittee to acquire additional permission to use other roads or infrastructure not owned by the Borough if required to access the permit area. Section 14: Survey Corners: The Permittee shall protect all known land survey monuments and their witness trees from damage or obliteration. If such monuments or witness trees are destroyed, the Permittee shall pay the costs of restoration. Section 15: Sanitation: The permit area shall be left in a clean and sanitary condition. Any foreign material or waste, such as cans, bottles, barrels, garbage, or equipment that is a result of the Permittee's operation shall be removed from the permit area prior to the close of operations. The Permittee shall also take appropriate precautions to prevent, and if necessary, contain any spill of fuel or other petroleum products and notify appropriate regulatory agencies if a spill occurs. Section 16: Suspension and Termination: (a) If the Permittee fails to comply with any of the provisions of this permit, the Borough may suspend all or any part of his/her operations under this permit upon issuance of written notice until necessary corrective action is taken. (b) This permit may be terminated by the Borough if the Permittee fails to take corrective action within 10 days after written notice has been served upon the Permittee of either a suspension under (a) of this section, or any breach of this permit. Section 17: Reservations: The Borough reserves the right to permit other compatible uses of the lands in the permit area provided the Borough determines that such uses will not unduly impair the Permittee's operations under this permit. Section 18: Permit Conveys No Interest or Property Right: This permit conveys no interest or property right to borough land. This permit may be reissued at the Borough's discretion upon application by the Permittee. This permit is revocable immediately, with or without cause. If permit is revoked without cause, the Permittee will be allowed 30 days within which to remove the Permittee's possessions and vacate the premises. If revoked for breach of any condition, the Permittee shall immediately vacate the premises. This permit is not transferable. It is issued to authorize specific activities requested by the Permittee and that are not included in the category of "generally allowed uses." Section 19: Special Provisions: 1) The permittee will remit to the Resource Management Office a digital photograph of each stump and the approximate GPS coordinates for same to allow for field verification of the "allowable cut' as approved by the Assembly for this permit. 2) The permittee should submit a progress report at least quarterly from the initiation of harvest activities to indicate the percentage of harvest completed. 3) Permittee will advise Resource Management Office when all harvest activities have been completed. 4) The permittee is only entitled to the house logs that are purchased under this contract. A firewood gathering permit is required to take the unmerchantable timber created through the harvest process. 5) The permittee will be responsible for piling branches and limbs so as not to unduly clutter the forest floor as a result of these harvest activities. Section 20: Permittee's Acknowledgement: The Permittee acknowledges that he or she has read this permit in its entirety, that there are no oral promises not part of the written permit terms, and that the permit is fully understood. Permittee agrees to abide by the terms of this permit. Section 21: Permit Execution: The Permittee and the Borough have executed this permit on the dates appearing below. X, 91Ao 113E�1.L73e13milLel➢ 1 PERMITTEE: l0/ Title 1Z /l � at