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~ @[§ffiv§~ Churchwell White t.L r ~

1 S 2017 j D urchwettwhite.com L _ 1 14 K Street. 3 ' Floor

cramen to , CA 9581'• C D F W r 916.1,68.0950 I F 9161,68.0951

REDDING OF FICE

March 13. 2017

VIA Certified Mail

California Department of fish and Wi ldlife Northern Region - Inland (Region I) LSA Program 601 Locust Street Redding. CA 96001

erry A rutter T 916.1,68.0620 Kerry@churchwellwhite.com

Re: Marble Mountain Ranch Diversion Lake or Strcambed Alteration Noti lication

Dear Sir or Madam:

Please find enclosed a Lake or Streambed Alteration Notification for the di version at Marble Mountain Ranch owned and operated by Douglas and Heidi Cole. Please contact Barbara Brenner at barbara@churchwcllwhitc.com or (9 16) 468-0625 or Kerry Fu ller a l kcrry@churchwcllwhitc.com or (9 16) 468-0620 with any questions.

Regards,

Churchwell White LLP

Enclosure

ICW025245.1 J

CDFW-35

State of California - Department of Fish and Wildlife NOTIFICATION OF LAKE OR STREAMBED ALTERATION FISH AND GAME CODE SECTION 1602 OFW 2023 (REV 10/01 /16) Page 1

FOR DEPARTMENT USE ONLY

Date ReceM·d I Amount ReceNed I Amount Du~ Dal~ Complete .'3-) S 11 Sv1.oo .

Assigned to I _::lc:w{l~ n . .u:r

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State of California - Department of Fish and Wildlife NOTIFICATION OF LAKE OR STREAMBED ALTERATION FISH AND GAME CODE SECTION 1602 DFW 2023 (REV. 10/01/16) Page 2

5. AGREEMENT TYPE

Check the applicable box. If box B, C, D, E, or F is checked, complete the specified attachment.

A. Ostandard (Most construction projects. excluding the categories listed below)

B. 0Gravel/Sand/Rock Extraction (Attachment A) Mine I.D. Number:

C. 0Timber Harvesting (Attachment B) THPNumber: ··-·- .. . .... -- ---· -· .. ·--·--- --

D. Gwater Oiversion/Extraction/lmpoundment (Attachment C) SWRCB Number: S016375

E. 0 Routine Maintenance (A ttachment 0)

F. D Remediation of Marijuana Cultivation Sites (Attachment E) . ... ___

G. D Department Grant Programs Agreement Number:

-

... ,.- .. -H. 0 Master

·- - - -

I. 0 Master Timber Operations -----·

6. FEES

See the current fee schedule to detennine the appropriate notification fee. Itemize each project's estimated cost and corresnnndlna fee. Note: The Department may not proceu thl• notmcatlon until the cofTDct fee has boon received.

A. Project B. Project Cast C. Project Fee

1 Marble Mountain Ranch Diversion

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State of California - Department of Fish and Wildlife NOTIFICATION OF LAKE OR STREAMBED ALTERATION FISH AND GAME CODE SECTION 1602 DFW 2023 (REV 10/01/16) Page 3

7. PRIOR NOTIFICATION AND ORDERS

A. Has a notification previously been submitted to, or a Lake or Streambed Alteration Agreement previously been issued by, the Department for the project described in this notification?

0 Yes (Provide the information below) 0No

Applicant Notification Number Date

Douglas T. Cole 99-0040 April 28, 1999

8. Is this notification being submitted in response to a court or administrative order or notice, or a notice of violation (NOV) issued by the Department?

tJ No O ves (Enclose a copy of the order. notice, or NOV. If the applicant was directed to notify the Department verbally rather than in writing. identify the person who directed the applicant to submit this notification and the agency he or she represents, and describe the circumstances relating to the order.)

O continued on additional page(s)

8. PROJECT LOCATION

A. Address or description of project location.

(Include a map that marks the location of the project with a reference to the nearest city or town, and provide driving directions from a major road or highway)

The project is located on Stanshaw Creek about 0.87 miles upstream of the con fluence with the Klamath River and about 8 miles north of Somes Bar.

O cont111ued on additional page(s)

8. River, stream, or lake affected by the project. l Stanshaw Creek C. What water body is the river, stream, or laJce tnbutary to? I Klamath River -- -

.....

D. Is the river or stream segment affected by the project risted in the 0 Yes t) No O unknown state or federal Wild and Scenic Rivers Acts?

I Siskiyou ·- ··-- --··· E. County F. USGS 7.5 Minute Quad Map Name I G. Township H. Range I. Section J. X Section Bark Shanty Gulch. CA I 13N 6E 33 NW

; -l I -- (

I ·-0 Continued on additional page(s)

I ·-.. , -- - -

K. Meridian (check one) 0 Humboldt 0 Mt. Diablo O san Bernardino

L. Assessor's Parcel Number(s)

U.S. Forest Service Land

~ ~-·-·-····-······-----O continued on additional page(s)

A --·---~·--- - ·-

I

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State of California - Department of Fish and Wildlife NOTIFICATION OF LAKE OR STREAMBED ALTERATION FISH AND GAME CODE SECTION 1602 DFW 2023 (REV. 10/01 /16) Page 4

M. Coordinates (If available, provide at least latitude/longitude or UTM coordinates and check appropriate boxes)

Latitude: 42.472346N I Longitude: 123.50418W Latitude/longttude

Goegrees/Minutes/Seconds 0 Decimal Degrees Ooecimal Minutes -, UTM Easting: Northing: O zone 10 Ozone 11

Datum used for Latitude/longitude or UTM 0 NAO 27 0 NAD 83 or WGS 84

9. PROJECT CATEGORY

NEW REPLACE REPAIR-MAINTAIN-OPERA TE WORK TYPE

CONSTRUCTION EXISTING STRUCTURE EXISTING STRUCTURE

Bank stabilization - bioengineeringlrecontouring D D D Bank stabilization - rip-rap/retaining wall/gabion D D D Boat dock/pier D D D - - -~ ----Boat ramp D D D Bridge D D D Channel clearing/vegetation management D D D ---- -· Culvert D D D Debris basin D D D Dam D D D -Filling of wetland, river, stream, or lake D D D Geotechnical survey D D D Habitat enhancement - revegetation/mitigation D D D Levee D D D Low water crossing D D D Road/trail D D D Sediment removal: pond, stream, or marina D D D --- - --

flood control D D D Storm drain outfall structure D D D -- ·-Temporary stream crossing D D D Utility crossing· horizontal directional drilling D D D

jack/bore D D D open trench D D D

Water diversion without facil ity D D 0 Water diversion with facility D D D Other (specify): D D D

I

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State of California - Department of Fish and Wildlife NOTIFICATION OF LAKE OR STREAMBED ALTERATION FISH AND GAME CODE SECTION 1602 DFW 2023 (REV. 10/01 /16) Page 5

10. PROJECT DESCRIPTION

A. Oescnbe the project in detail. Include photographs of the project location and immediate surrounding area.

- Written description of all project activities with detailed step-by-step description of project implementation.

- Include any structures {e.g., rip-rap, culverts) that will be placed or modified in or near the stream, river, or lake, and any channel clearing.

- Specify volume, and dimensions of all materials and features (e.g., rip rap fields) that will be used or installed.

- If water will be diverted or drafted, specify the purpose or use.

- Enclose diagrams, drawings, plans, and maps that provide all of the following: site specific construction details; dimensions of each structure and/or extent of each activity in the bed, channel, bank or floodplain; overview of the entire project area (i.e., •bird's-eye view") showing the location of each structure and/or activity, significant area features, stockpile areas, areas of temporary disturbance, and where the equipmenUmachinery will access the project area.

The project diverts water from Stanshaw Creek to Marble Mountain Ranch for irrigation , recreation , domestic, and small hydro-electric use. The activities that will occur near Stanshaw Creek in order to divert water include: (1) maintenance and repair of a hand stacked rock diversion to entrain flows into a diversion ditch and (2) maintenance of an existing culvert/flume crossing on an unnamed ephemeral . stream that is tributary to Stanshaw Creek. The hand stacked diversion as well as the culvert/flume crossing are inspected and maintained on an ongoing basis to ensure that the diversion works are in proper working order. Maintenance and repair work does not introduce non-native materials into Stanshaw Creek and typically occurs following storm events that disrupt the existing diversion works. Photographs of the point of diversion during a high flow and a low flow period are attached as Exhibit A.

O con/inued on additional page(s)

B. Specify the equipment and machinery that will be used to complete the project.

Hand tools such as shovels, picks and wheel barrows.

O continued on addtl!Onal page(s) ·----·

C. Will water be present during the proposed work period (specified in box 4.0) in 0Yes D No (Skip to box 11) the stream, river, or lake (specified in box 8.8).

0 . Will the proposed project require work in the wetted portion 0Yes (Enclose a plan to divert water around work site) of the channel? 0No

..

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State of California - Department of Fish and Wildlife NOTIFICATION OF LAKE OR STREAMBED ALTERATION FISH AND GAME CODE SECTION 1602 DFW 2023 (REV. 10/01/16) Page 6

11. PROJECT IMPACTS

A Descnbe impacts to the bed, channel, and bank of the river, stream, or lake, and the associated riparian habital Specify the dimensions of the modifications in length Oinear feet) and area (square feet or acres) and the type and volume of material (cubic yards) that will be moved, displaced, or otherwise disturbed, if applicable.

There is no impact to the bed, banks, and channel of Stanshaw Creek. The rocks to be stacked to divert water to Marble Mountain Ranch are part of the existing stream that are realigned to form a diversion structure. The culvert/flume crossing are currently existing infrastructure that are maintained in compliance with Marble Mountain Ranch's water right.

D Continued on additional page(s)

B. Will the project affect any vegetation? 0Yes (Complete /11e tables below) GNo (Include aerial photo with date supporting this determination)

Veoetation Tvoe Temporary Impact Permanent Impact

Linear feet: Linear feet:

Total area: Total area:

Linear feet: Linear feet:

Total area: Total area:

Tree Species Number of Trees to be Removed Trunk Diameter (ranqe)

D Continued on additional page(s) C. Are any special status animal or plant species, or habitat that could support such species, known to be present on or

near the project site?

0Yes (List each species and/or describe the habitat below) 0 No 0 Unknown

O con/inued on additional page(s)

D. Identify the source(s) of Information that supports a wyes" or "no• answer above in Box 11 .C.

O continued on additional page(s) . E. Has a biological study been completed for the project site?

0Yes (Enclose the biological study) 0No

Note: A biological assessment or study may be required to evaluate potential project impacts on biological resources.

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State of California - Department of Fish and Wildlife NOTIFICATION OF LAKE OR STREAMBED ALTERATION FISH AND GAME CODE SECTION 1602 DFW 2023 (REV. 10/01/16) Page 7

F. Has a hydrological study been completed for the project or project site?

O ves (Enclose the hydrological study) 0 No

Note: A hydrological study or other infom1ation on site hydraulics (e.g., flows, channel characteristics, and/or flood recurrence inteNals) may be required to evaluate potential project impacts on hydrology.

G. Have fish or wildlife resources or waters of the state been mapped or delineated on the project site?

0Yes (Enclose the mapped results) D No Note: Check ·yes· if fish and wildlife resources or waters of the state on the project site have been mapped or delineated. "Wildlife' means and includes all wild animals, birds, plants, fish, amphibians, reptiles and related ecological communities, including the habitat upon which the wildlife depends." (Fish & G. Code, § 89. 5.) If ·yes" is checked, submit the mapping or delineation. If the mapping or delineation is in digital fonna/ (e.g., GIS shape files or KMZ), you must submit the information in this fon11at for the Department to deem your notification complete. If ·no" is checked. or the resolution of the mapping or delineation is insufficient, the Department may request mapping or delineation (in digital or non-digital fonnat), or higher resolution mapping or delineation for the Department to deem the notification complete.

12. MEASURES TO PROTECT FISH, WILDIFE, AND PLANT RESOURCES

A. Describe the techniques that will be used to prevent sediment from entering watercourses during and after construction.

Sediment does not enter the watercourse during or after the hand stacking of rocks that are already present in the streambed. The maintenance and repair work is based on the materials that are available in Stanshaw Creek; it does not add to the existing sediment in Stanshaw Creek while the work is being done.

0 Continued on additional page(s) B. Describe project avoidance and/or minimization measures to protect fish, wildlife, and plant resources.

While the rocks that form the diversion structure are stacked and related maintenance activity is undertaken, water from Stanshaw Creek may still pass to serve fish , wildlife , and plant resources below Marble Mountain Ranch's point of diversion.

O continved on additional page(s)

C. Describe any project mitigation and/or compensation measures to protect fish, wildlife, and plant resources.

Maintenance efforts typically coincide with the end of storm events to ensure that any impacts to fish , wildlife , and plant resources are avoided .

P C

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State of California - Department of Fish and Wildlife NOTIFICATION OF LAKE OR STREAMBED ALTERATION FISH AND GAME CODE SECTION 1602 DFW 2023 (REV. 10/01 /16) Page 8

13. PERMITS

- List-any-local, State, and federal permits required-for the project and check-the corresponding box(es). Encloseacopy oL each permit that has been issued.

A. United States Forest Service

B.

C.

0Applied 0 issued

0Applied 0 1ssued

0 Applied 01ssued

D. Unknown whether Oiocal, O s tate, or Otederal permit is needed for the project. (Check each box that applies)

O continued on additional page(s) j

14. ENVIRONMENTAL REVIEW

A. Has a draft or final document been prepared for the project pursuant to the California Environmental Quality Act (CEQA) and/or National Environmental Protection Act (NEPA)?

0Yes (Check the box for each CEQA or NEPA document that has been prepared and enclose a copy of each )

t)No (Check the box for each CEQA or NEPA document listed below that will be or is being prepared.)

r ---! 0Notice of Exemption 0 Mitigated Negative Declaration D NEPA document (type): I I 01nitial Study 0Environmental Impact Report

0Negative Declaration 0Notice of Determination (Enclose)

0THP/ NTMP 0Mitigation. Monitoring, Reporting Plan --

B. State Clearinghouse Number (if applicable)

C. Has a CEQA lead agency been determined? 0Yes (Complete boxes D, E, and F) 0 No (Skip to box 14.G)

D. CEQA Lead Agency

E. Contact Person I F. Telephone Number I G. If the project described in this notification is not the "whole project" or action pursuant to CEQA, briefly describe the

entire oroiect (Cal. Code Reas. tit. 14. & 15378).

0 Continued on additional page(s)

H. Has a CEQA filing fee been paid pursuant to Fish and Game Code section 711.4?

0 Yes (Enclose proof of payment) 0No (Briefly explain below the reason a CEQA filing fee has not been paid)

Note: If a CEQA filing fee is required, the Lake or Streambed Alteration Agreement may not be finalized until paid.

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Mar041709:53a Doug Cole

Stem of Callfomia - Depar1menl of Rah and Wik!life NOTIFICATION OF LAKE OR STREAMBED ALTERATION FISH AND GAME CODE SECTION 1602 CFW 2023 (REV. 10/01/16) Page 9

15. SITE INSPECTION

Check one box cn]y.

5304693321 p.1

D1n the event the Department determines lhat a site Inspection Is neoessa,y, l hereby authorize a Department representative to enter the property where the pioject described In lhia notlflcatlon wlll take place at any reasonable time, and hereby certify that I am authorized to grant the Department such entry.

EJ I request the Department lo first contact (Insert name) ..;881b~ara_A._Bre_nner ____________ _ at (Insert tslephone number) (916) 488-0950 to sdledule a date and time lo enter the property where the project described In this notification wtll take place. I unclerstand that Utls may delay the Department's determination as to whether a Lake or Straambed Alteration .Agreement is required and/or Iha Department's Issuance of a draft agreement pursuant lo this notlflcatlon.

16. DIGITAL FORMAT

I& any of the Information Included as part of the notification available In dfgltaJ format Q.e., CD, DVD, etc.)?

Dves (Please enclose the information via dlgi1al media with the completed notfflcatton fonn) EINo

11. SIGNATURE

I hereby certify that to the best of my knowfedge the lnbmation In thia notiflcallon Is lrue and ODm!Cl and that I am authorized lo sign this notification as, or on behalf of, the apptlcanL I understand that if any lnfonnatfon k'I this notllcatlon ls found ID be untrue or lncomtd, the Department may suspend processing thla notffic:atlon or suspend or AM>ke any draft or final Lake or Stream bed Alteration Agreement Issued pursuant to this notification. I understand also that if any infonnatlon In this notification is found lo be untrue or Incorrect and lhe project described In this notification has already begun, I andior the appllcant may be subject to clvtl or a1mfnal prosecution. I understand that this notification applies only to lhe project(s) described herein and that I and/or the applicant may be subject to civil or criminal prosecution for undertaking any project not described heraln unless the Department has been separately notified or that project In accordance with Fish and Game Code section 1602 or 1611.

Douglas T. Cole

PfintName

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State of California - Department of Fish and Wildlife NOTIFICATION OF LAKE OR STREAMBED ALTERATION WATER DIVERSION/EXTRACTION/IMPOUNDMENT -ATTACHMENT C DFW 2023C (REV. 10/01/16) Page 1

Applicant Name: _D_o_u-"'g_la_s_T_. _C_o_le _ __________ _ _

Project Name: Marble Mountain Ranch Diversio

ATTACHMENT C

Water Diversion/Extraction/lmpoundment

Complete this attachment if the project is directly related to any diversion. obstruction, extraction. or impoundment or the natural flow of a river, stream. or lake. Provide the number assigned to the State Water Resources Control Board (SWRCB) application, permit, license, registration, statement or d iversion, and use, or other authorization to divert. extract, or impound water, if applicable. If you have a cu rrent or expired Lake or Streambed Alteration Agreement (Agreement) for some activity related to your project, p rovide the Agreement number in your project description below and attach this form, with the information requested on one or more separate pages, to the notification form (DFW 2023).

I. Diversion or Obstruction

A. Attach plans of any d iversion or water storage structure or facility that will be constructed or if no structures or facilit ies will be constructed, photographs of the project site, including any existing facil ities or structures .

B. Please complete the water use table below. For diversion rate, use gallons per day (gpd) if rate is less than 0.025 cubic foot per second (cfs) (approximately 16,000 gpd).

SEASON OF DIVERSION AMOUNT USED (acre feet)

BEGINNING PURPOSE OF USE DIVERSION RA TE

FROM BY DIVERSION DATE ENDING DATE (cfs or gpm) STORAGE

(Mo. & Dav) (Mo. & Day)

Jan. 1 Dec. 31 domestic, hydro-electric 3ds

C. Attach a topographic map that is labeled to show the following:

1. Source of the water

2. Points of diversion

3. Areas of use

4. Storage areas

D. Specify the maximum instantaneous rate of withdrawal (using proposed equipment) in cubic feet per second (cfs) or gallons per minute (gpm).

The maximum instantaneous rate of withdrawal via the Marble Mountain Ranch diversion is 3 cfs.

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State of California - Department of Fish and Wildlife NOTIFICATION OF LAKE OR STREAMBED ALTERATION WATER DIVERSION/EXTRACTION/IMPOUNDMENT - ATIACHMENT C DFW 2023C (REV 10101 116) Page 2

E. Check each box below that applies to the project water rights and attach supporting documents.

0 Riparian. Attach the most recent Statement of Water Diversion and Use filed with the SWRCB.

0 Diversion for immediate use.

0 Diversion to storage (for less than 30 days).

0 Appropriative. 0 Pre-1914. Allach the most recent Statement of Water Diversion and Use filed with SWRCB.

D Post-1914. Attac/1 a copy of the applicant's water right application, permit, or license filed with or issued bySWRCB.

D Small domestic, livestock stockpond. or small irrigation use registration. Attach a copy of the applicant's registration of water use form filed with, or registration certificate issued by. SWRCB (See Water Code section 1228 et seq.).

D Diversion for immediate use.

D Diversion to storage.

0 Purchased or contracted water. Attach a copy of the applicant 's contract or letter from the applicant's water provider.

D Other. Describe below or attach separate page.

F. Approximate lowest level of flow in the river, stream, or lake at the point of diversion during the proposed season of diversion in gpm or cfs:

The lowest level of flow in Stanshaw Creek, from which the Coles divert water nears 3 cfs of water. However, during the low flow periods, the Coles reduce the amount of water they divert to comply with a recommended bypass flow from the National Marines Fisheries Service.

G. Other information. After the Department reviews the project description, and based on the project's location and potential impacts to fish and wi ldlife resources, the Department will determine if additional information is needed before accepting the notification as complete. Such information could include more site-specific information to ensure that the terms and conditions in the Agreement issued to the applicant will be adequate to protect the fish and wildlife resources the diversion or obstruction could adversely affect. Site-specific information could include biological or hydrological studies or surveys based on the season of diversion, the location of the diversion relative to other diversions in the watershed, the method of diversion, and the quantity of water to be diverted, such as the following:

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State of California - Department of Fish and Wildlife NOTIFICATION OF LAKE OR STREAMBED ALTERATION WATER DIVERSIONIEXTRACTION/IMPOUNDMENT -ATTACHMENT C DFW 2023C (REV 10/01/16) Page 3

1. Wafer Availability Analysis to determine if the water can be diverted without causing substantial adverse effects on downstream fish and wildlife resources. Water availability analyses are based on a comparison of flows without any diversions (unimpaired flows) and flows available when all known diversions are "subtracted" (impaired flow_s).

2. Ins/ream Flow Study to determine the minimum bypass flows needed and maximum rates of withdrawal possible to provide adequate depths and velocities to protect habitat for all life stages of aquatic resources. The study plan must be prepared by a qualified fisheries biologist and approved by the Department. will determine the effects of the proposed diversion on flow depth and velocity.

3. Water Quality Study to assess the effects of the proposed water diversion or impoundment on water temperature and water quality at and downstream from the point(s) of diversion.

II. Permanent or Temporary Reservoir

Please provide the information below if the project includes the construction of a reservoir. whether permanent or temporary. and/or the filling of an existing reservoir by diverting or obstructing the flow of a river, stream. or lake.

A. Proposed use of the stored water:

B. Construction plans for the reservoir and dam. (Attach plans)

C. A complete description of the reservoir and dam, including the methods and materials that will be used to construct the reservoir and dam and the following dimensions certified by a licensed professional: the width , length. depth. and total surface area of the reservoir pool; the volume of water in acre-feet that will be stored in the reservoir; and the height and length of the dam.

D. The amount of riparian land that will be inundated (i.e., upstream from the dam) :. ___________ _

E. Where vehicles will enter and exit the project site during construction and for maintenance purposes after construction. (Attach map)

F. The maximum distance of the disturbance that will occur upstream and downstream during construction :

G. The methods employed to ensure that the flow is maintained below the dam at all times when water is being diverted into the reservoir:

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State of California - Department of Fish and Wildlife NOTIFICATION OF LAKE OR STREAMBED ALTERATION WATER DIVERSION/EXTRACTION/IMPOUNDMENT - ATTACHMENT C DFW 2023C (REV 10101116) Page 4

H. Specify the time period when the area below the dam becomes dry, if at all.

I. The methods employed to ensure that adult and juvenile fish will be able to pass over or around the dam:

J . If a fish ladder is necessary to enable adult and juvenile fish to pass over or around the dam, provide construction plans and an operation plan for the fish ladder. (Enclose, if applicable)

K. The methods employed to monitor and maintain water quality (including temperature) within the reservoir :

Ill. Temporary Reservoir

Please provide the information below if the project includes the construction of a temporary reservoir only within the stream zone.

A. Date of dam installation:--------------------------------

8. Date of dam removal:---------------------------------

C. Amount of time it will take to construct the dam: _______________________ _

D. Amount of time it will take to remove the dam:------------------------

E. Methods to ensure that the reservoir pool will be drained in a manner that does not strand or otherwise harm fish :

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[SUMMARY OF FINAL SUBMITTED VERSION]

SUPPLEMENTAL STATEMENT OF WATER DIVERSION AND USE FOR 2013

1. Water Is used under 2. Year of first use

Primary owner: Marble Mountain Ranch Statement Number: S016375 Date Submitted: 08/08/2014

Pre-1914 Claim 1860

34. Maximum Rate of Diversion for each Month and Amount of Water Diverted and Used

Rate of diversion Amount directly diverted or Amount beneficially used Month {CFS) collected to storage (Gallons) (Gallons) January 3 58200000 10000000 February 3 58200000 10000000 March 3 58200000 10000000 April 3 58200000 10000000 May 3 58200000 20000000 June 3 58200000 20000000 July 2 48500000 20000000 August 2 48500000 20000000 September 3 43600000 20000000

October 3 58200000 10000000 November 3 58200000 10000000 December 3 58200000 10000000

Total 664400000 170000000

Comments

5. Water Diversion Measurement

a. Measurement Water directly diverted and/or diverted to storage was measured b. Types of measuring devices used Other: Swoffer digital flow meter

Additional technology used Flow Totalizer c.

Description of additional technology used As well as Swoffer digital flow meter

d. Who installed your measuring devlce(s) Representative who is American Water Works Association (AWWA)-certified

e. Make, model number, and last calibration date of your Swoffer 2100, last calibrated 5/29/2013 measuring devlce(s) Why direct measurement using a device listed In Section

f. 1 is •not locally cost effective•

Explanation of why use of devices and technologies listed in Section 1 are "not locally cost effective" Method(s) used as an alternative to direct measurement

g. Explanation of method(s) used as an alternative to direct measurement

6. Purpose of Use Domestic 12-50 persons seasonally, 2 acres lawn and garden

Irrigation 10 Acres Stockwatering 20-24 horses, 4 goats, 6 dogs, ?cats, 24 chickens, 4 rabbits

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!Other !pond, pool, and hot tub

7. Changes In Method of Diversion No significant changes other than routine canal maintenance and ongoing improvement to carry capacity to reduce canal line loss.

8. Conservation of Water Are you now employing water Yes conservation efforts?

Our conservation efforts are focused on targeting loss of carried water. We have done rehabilitation of the canal berm, installed culvert linings in sections, and have also

a. Describe Improved Irrigation efficiency by continuing to transition to sprinkler irrigation Instead of the any water historical direct flooding method. We have also Installed more efficient appliances and conservation light fixtures in all the cabins to reduce electrical consumption. Canal areas with signs of efforts you seepage are gradually being lined with half culverts. The primary beneficial use of the have diverted water is power production (non-consumptive), followed by domestic and initiated agricultural consumption of diverted water. During the drier months of July and August,

we voluntarily reduced our diversion rate due to the drought, without waiving any water rights.

Amount of water Acre-Feet conserved I have data to support

b. the above surface water use reductions due to conservation efforts.

9. Water Quality and Wastewater Reclamation Are you now or have you been using reclaimed water from a wastewater treatment facility,

a. desalination facility, or water polluted by waste to a degree which unreasonably affects such water No for other beneficial causes? Amount of reduced diversion Type of substitute water supply

b. Amount of substitute water supply used I have data to support the above surface water use reductions due to the use of a substitute water supply

10. Conjuctive Use of Surface Water and Groundwater a. Are you now using groundwater in lieu of surface water? No

b. Amount of groundwater used I have data to support the above surface water use reductions due to the use of groundwater.

11a. Additional Remarks

Attachments FIie Name I Description I Size

No Attachments

Contact lnfonnatfon of the Person Submitting the Fonn

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First Name Douglas Last Name Cole Relation to Water Right Dlverter of Record The Information in the report is true to the best of his/her knowledge and belief Yes

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1038392.l }

Marble Mountain Ranch Map of Diversion

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Point of Diversion Color Photographs

I . Point or Diversion during higher !lows February 20 I 5

2. Point of Diversion during lower fl ows September 20 I 6

{CW03839 l.1}

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State of California - Department of Fish and Wildlife NOTIFICATION OF LAKE OR STREAMBED ALTERATION ROUTINE MAINTENANCE-ATTACHMENT D DFW 2023D (REV. 12/20/16) Page 1

Applicant Name: _o_o_ug_la_s_T_. c_o_le ______________ _

Project Name: Marble Mountain Ranch Diversion

ATTACHMENT D

Routine Maintenance

Complete this attachment only when notifying for routine maintenance activities that will be recurring over the term of the agreement, such as maintaining a number of existing private or public facilities, including but not limited to canals, channels, culverts, and ditches. Submit this form with the completed notification form (DFW 2023).

I. REGULARLY RE-OCCURRING MAINTENANCE ACTIVITIES Check all that a

G Sediment removal (0 concrete-lined lake or stream or G earthen lake or stream): G In and around bridges, culverts, storm drain outlets, and/or water diversion structure D Stream channel bed D Stream channel bank(s) D Pond or lake D Marina basin D Detention basin D Boat launch channel D Other: ______________________________ _

Method (heavy equipment, suction dredge, etc.) - specify: hand tools such as shovels, picks, and wheelbarrows

Estimated total cumulative sediment volume removed annually:------------------

Estimated total cumulative area impacted by sediment removal annually:. ______________ _

Estimated recurrence frequency for sediment removal:---------------------

0 Vegetation management: D Limbing and/or trimming of branches and tree limbs D Removal under high power lines

G Removing fallen trees D Removing dead (not dormant) trees and shrubs

D Stump left intact D Stump removal-specify:---------------------------

CDFW-35

State of California - Department of Fish and Wildlife NOTIFICATION OF LAKE OR STREAMBED ALTERATION ROUTINE MAINTENANCE-ATTACHMENT D DFW 20230 (REV. 12/20/16) Page 2

D Removing vegetation (e.g., bulrush and cattails) from stream channel bed with: D Non-motorized hand tools D Mechanical vegetation cutters, shredders, string trimmers (a.k.a. weed-whacker, weed-whip), chainsaws D Mowing D Heavy equipment (soil disturbance) D Herbicide - specify chemicals and attach application plan: ----------------D Other:------------------------------

0 Removing vegetation from bank with: 0 Non-motorized hand tools D Mechanical vegetation cutters, shredders, string trimmers (a.k.a. weed-whacker, weed-whip), chainsaws

D Mowing D Heavy equipment (soil disturbance) D Herbicide - specify chemicals and attach application plan:----------------D Other:------------------------------

0 Removing only non-native vegetation with: D Non-motorized hand tools D Mechanical vegetation cutters, shredders, string trimmers (a.k.a. weed-whacker, weed-whip), chainsaws D Mowing 0 Heavy equipment (soil disturbance) D Herbicide - specify chemicals and attach application plan: ----------------

0 Other:-----------------------------0 Vegetation and brush pile burning - specify burn location: ------------------D Other vegetation management:---------------------------

Estimated total linear feet of vegetation removed annually:--------------------

Estimated total cumulative area impacted by vegetation management annually: ____________ _

Estimated recurrence frequency for vegetation management: -------------------

Intentionally Left Blank

CDFW-35

State of California - Department of Fish and W ildlife NOTIFICATION OF LAKE OR STREAMBED ALTERATION ROUTINE MAINTENANCE -A TI ACHMENT D DFW 2023D (REV. 12/20/16) Page 3

D Existing facilities: D Erosion within existing facilities and easements

D New erosion repair D Repair at existing erosion control sites

D Other: _____________________________ _

D Road maintenance (e.g. repair or re-grade) of existing rights of way D Minor bridge work - D work from bank or D work in-channel (describe on a separate page if the work requires dewatering):

D Reinforcing pilings D Reinforcing aprons D Painting (access and falsework)

D Paint removal - specify method:-------------------------0 Other: _____________________________ _

Specify materials and equipment:---------------------------

0 Minor culvert repair: D Repairing wingwalls within existing footprint D Repairing scour protection within existing footprint - provide detail:

0 Other: Repairs of a culvert/flume crossing within its existing footprint D Maintenance of stormwater outfalls and drop-inlet culverts

D Erosion repair D Flow dissipaters

D Servicing of water quality monitoring stations, stream gages, etc. D Boat launch repair D Graffiti removal and abatement from bridges, culverts, and other instream structures 0 Removal of trash and debris from:

D Within channels E] Head gates, screens, racks, pilings and piers

D Other:------------------------------

CDFW-35

State of California - Department of Fish and Wildlife NOTIFICATION OF LAKE OR STREAMBED ALTERATION ROUTINE MAINTENANCE-ATIACHMENT D DFW 20230 (REV. 12/20/16) Page 4

Location where trash and debris will be placed or discarded: Leaves that are removed are placed along side the culvert/flume

0 Pesticide application: 0 Rodenticides - specify chemicals and attach application plan: -----------------0 Insecticides - specify chemicals and attach application plan:------------------Name of Licensed Agricultural Pest Control Advisor:----------------------

Estimated recurrence frequency for pesticide application: --------------------

D Other type of routine maintenance activity (provide details below):

II. MAP OR MAPBOOK

Attach a map of sufficient detail to assist in locating maintenance sites, minimally including the following:

A. The applicant's jurisdictional boundaries within the project area. B. All watercourses within the jurisdictional boundaries where maintenance will occur. C. A key to identify each watercourse (e.g. earthen or concrete lined) and the maintenance activities (e.g. vegetation

removal, sediment removal, etc.) and location (e.g., bridges, water control diversions, and large scale maintenance) of those activities that are likely to occur.

Ill. SPECIAL STATUS SPECIES LOCATIONS

A drawing, diagram, and/or map that shows the applicant's jurisdictional boundaries and the locations within that area where special status species are known to exist.

CDFW-35

Marble Mountain Ranch Notification of Lake or Stream bed Alteration

Fish and Game Code Section 1602

Question 1 OD. Will the proposed project require work in the wetted portion of the channel?

Maintenance and operation of the diversion will require work in the wetted portion of the channel, but the work does not introduce foreign material into Stanshaw Creek. The rocks used to create the structure to entrain flow into Marble Mountain Ranch's diversion are already present in Stanshaw Creek and are stacked within the creek to direct water into the diversion. Therefore, diverting water around the work is not required as no foreign material is used in the rock stacking process or in maintenance of the existing culvert/flume.

(CW03835S.1}

CDFW-35

scOlde: 1S3 utborizatiou ID: HAP419 ntact Name: Mad>le Moun1ain

IP.YT'rit'llttOD Date: 12/31/2019 SPECIAL USE PERMIT FOR 00'1'1'11"1'1NG AND GUJDING

FS-2700-4i (02/2009 0MB No. OS96-00

Authority: Fedenl Lands Recreation Enhancement Act, 16 U.S.C. 6802(b) ef. FSB 2709.11 sedion 41.53

·s pennit authorizes priority use outfitting and guiding for manbcr up to 10 yean.

ble Mountain Guest Ranch of 92520 Highway%, Somes Bar, CA 9SS68 (heremafter UUte holder"), s hereby authorized to use and occupy National Forest System Jaruis, subject to the terms and conditions f this perm.it, to provide outfitting and guiding services within the Happy Camp/ Oak Knoll & Scott iver / Salmon River Ranger Districts of the Klamath National Forest, described as and as shown on the ap of the authorized area, attached a., Appendix A The abovc-de.scn"bed area shall be referred to as the

'1nmnit area.11

e pwpose of this permit is to authorize the following outfitting and guiding activities:

roviding outfitting and guiding services for recreational whitewater boating activities on the Klamath, Scott and Salmon Rivers and sport fishing activities on the Klamath River.

· use will be exercised as described in the five-year or annual operating plan.

e following appendices are attached to and made a part of this permit

IX A - Map of Authorized Area PENDIX B -Fivo-yearor uun1al Operating Plan. dated 05/01/2010 and approved armually

ENDIX C - Trip Itinerary- Trip Card PENDIX D - E.11:imated Fee Determination Sheet, approved annually - Not Applicable

ENDIX E • Actual Use Report Format PPENDIX F • Authorized Officer's Outfitter and Guide Performance Bvaluation Criteria

PEN DIX G • Other· Not Applicable

• AUTHORITY AND GENERAL TERMS OF THE PERMIT

. AUTHORITY. This permit is issued purauant to Federal Lands Recreation Enhancement Act, 16

.S.C. 6802(h), and 36 CFR Part 251, Subpart B, as amended, uid is subject to their provisions .

. AUTHORIZED OffiCER. The authorized officer is the Forest Supervisor or a subordinate officer ' th delegated authority •

• TERM. This permit shall expire at midnight on 12/31/2019. Expiration of this permit shall not · uire notice, a decision docwneut, or any environmental analysis or other documentation.

1

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Jan 121712:42p Doug Cole 6304693321 p.7

. RENEW AL. This permit may be renewed upon expiration, provided tho use is consistent with the ·cable forest land and resource maD8gement plan, applicable law& and regulations, and the terms of

• permit, and the holder has performed satisfactorily under ~s permit, as demonstrated by acceptable ual performance reviews. If the holder wants this pennit to be renewed, the holder mast notify the orizcd officer in writing at least six months before this perm.it eq,ires. The decision whether to issue

ru,w pennit to tho bolder is at the sole di&cretion of the Forest Service. The authomed officer may u, .... .._.'be new terms and conditions when a new pennit is issued .

• AMENDMENT. This permit may be amended in whole or in part by the Forest Service when, at the 'scretion of 1he authorized officer, such action is deemed necessary or desirable to incorporate new

s that may be ttquired by law, regulation, directive, the applicable forest 1and and resource anagemem plan, or projects and adivitics implementing a land management plan pursuant to 36 CPR

15 .

• COMPLIANCE WITII LAWS, REGULATIONS, AND OTHltR LEGAL REQUIREMENTS. ·exeteising the rights and privileges granted by this permit, the bolder shall comply with all present an

future federal laws and regula1ioas and all pre.,ent and future state, county, and municipal laws, ations, and other legal requiremeots that apply to the pennit area, to the extent they do not oonflic:t

' th fi:deral law, regulation, or policy. The F~reat Service assumes no responsibility fur enforcing laws, egulations, and other legal requirements that fitl1 under the jurisdiction of other govc:mmental entities .

• NON-EXCLUSIVE USE. The use and occupancy authorized by this permit are not ex.elusive. The orest Service reserves the right of access to the permit area, including a continuing right of physical

to the permit area for inspection, monitoring, or any other purpose comment with any right or bligation of the United States under any Jaw or regulation. The Forest Service reserves the risht to low others to use the permit area in any way that is not inconsistent with the holder's rights and 'vileges under this permit, after consultation with all parties involved. Except for any restrictions that e bolder and the authorized officer agree are necessary to protect the installation and operation of

uthorized temporary improvements, the lands and waters covered by this permit shall remain open to e public for all lawful PUIPOSCS,

1. Notification. The holder shall notify the authoriied officer when a change in control of the busineas 'tythat holds this pemtlt is contemplated. Iflhe holder i9 a corporation, change in control means the

ale or transfer of a con1rolling interest in the COl)Joration. If the bolder is a partnership or a limited iability company, change in control means the sale or transfer of a controlling interest in the partnership

limited liability company. If the holder is an individual, change in control means the sale or transfer o business to another party .

• Termination. This pcanit is not transfcnble. Any change in control of the business entity as defined in Jause I.H.1 shall cause this permit to terminate upon issuance of a new pennit to another party for the e and occupaney authorized by this permit. The party who acquires cootn:il of the business entity must

ubmit an application for a permit for the type of use and occupancy authorized by this permit. Issuance fa now permit lo the party acquiring control shall be at the sole discretion of the authorized officer. The

authorized offic.cr shall determine that the applicant meets requirements lUlder federal rcgu]ations.

LIMITATIONS. Nothing in this permit gives or implies permission to build or maintain any structure r facility or to conduct any activity, wuess specifically provided for in this pennit. Ally use not

ificall identified in this ermit muat be ed in accordance with 36 CFR 25 l .S4. A al of 2

CDFW-35

ch a proposal 1hrough issuance of a new pc:rmit or permit amendment ia at the sole discretion of the orized officer.

I. OPERATIONS FfVE.. YEAR OPERATING PLAN. The S-year operating plan, which shalJ be attached to this

emut as Appendix B, shall be submitted by the holder and approved by the autborizz:d officer before th Ider conducts any services authorized by this permit Tho holder shall prepare, annually review, and · as needed the 5-year operating plan by date beforo start of operating season, in consultation with

e authorized officer. At a minimum, the five-yeu operating plan shall include (1) the season of use for thorized outfitting and guiding activities, including the start and stop date of operations; (2) limitations

n use established by the Forest Service (including fire remictiona); (3) the fee calculation option to be ed and a completed Estimated Fee Determination Sheet (appmdix D); and (4) any of tbe following that

applicable: (a) a process for submitting trip itineraries (appmdix C); (b) guidelines and limits 6:>r · 'dental grazing; (c) location and layout of assigned site., to be usod for base, spike, and drop camps or tber purposes; and (d) aufhoriz.ed temporary improvements on National Forest System lands, including schedule for their construction and removal .

. ITINERARY. The holder shaD submit an itinerary for each type of trip .

• PERFORMANCE REVIEW AND EV ALU A Tl ON. The holder's compliance with the tenns and nd:itions of this peon.it and file five-year or annual operating pJan is subject to annual perfonnance

eview and evaluation by the authorized officer. The holder's performance will be documented using the tter and Guide Perfcrmanco Evaluation Criteria, Appendix. F .

. TEMPORARY IMPROVEMENTS. No peonanent improvements may be comtrueled under this it. Temporary improvements with negligible value, Sl1Ch as hitching po,ts, corrals, tent ftames, and

beltm, maybe approved by the authorized officer in the five-year or annual operating plan. Plam and • sions to plans for desisn, development, and layout of temporuy improvements must have prior ·tteo approval from the authori7.ed officer .

• PROBIBfflON ON ASSIGNMENT OF USE. The bold« may not usigo all or part of the authorized use to others .

• PERFORMANCE OF SUPPORT SERVICES. As a general rule, Cle holder shall conduct the day-o-day activities authorized by this pennit. Activities that support the use authorized by this permit, such

food or shuttle services, may be conducted by a party other than the bolder, but only with prior written pproval from tho authorized officer. The holder shall continue to be respoasible for compliance with al] e terms of this permit .

. MAINTENANCE. The holder shall maintain authorized temporary improvemenm and the permit to standards of repair, orderliness, neatness, sanitation, and safety acceptable to the authorized

fficer and consistent with other provisions of this authorization. The bolder shall comply with ection requirements deemed appropriate by the au1horiud officer .

• SIGNS. Signs posted on National Forest System lands mustbave prior written approval of the thorized officer.

NONDISCRIMINATION

I. The bolder and its em Jo ees shall not discriminate a on on the basis of race color sex

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Jan 121712:41p Doug Cole 5304693321 p.6

m educational activities), national origin, age, or disability or by curtailing or relusing to fumi9b ccommodations, facilities, services, or use privileges offered to the public generally. Io addition, the older and its employees sbaJ• ex>mply with the provisions of Title VI of the Civil Rights Act of 1964 as

ended, Section 504 of the Rehabilitation Act of 1973, as amended, Title JX of the Education mendments Act of 1972, as amended, and the Age Discrimination Act of 1975, as amended •

. The holder shall include and require compliance with the above nondiscrimination provisions in any · -party agreement mado with respect to the operations authorized under this permit

. The Forest Service shall furnish signs setting forth this policy of nandiscrimination. These signs shall e conspicuously wsplayed at the public entnmce to the premises aod at other exterior or interior ocations, as directed by the Pore.st Service •

. The Forest Service shall have the right to enforce the foregoing nondiscrimination provisions by suit or specific perfonnance or by any other available remedy under the laws of the United States or the tate in which the violation occurs .

• EQUAL ACCESS TO FEDERAL PROGRAMS. In addition to the above nondiscrimination policy, e holder agrees to ensure that its programs and activities ~ open to Ote general public on an equal

· s and without regard to any non-merit factor.

SANITATION. The operation and maintmance of Pll sanitation and food service systems and acilities shall comply with applicable standanls set by slate and local health departments.

• REFUSE DISPOSAL. The bolder shall comply with all applicable federal, state, and local uirements related to dispose.I of any refuse resulting from the use and occupBllcy authori7.ed by this

ermit.

. REMOVAL AND PLANTING OF VEGETATION. This permit does not autbom.e the cutting of · bcr or other vegetation. Trees or shrubbery may be removed or destroyed only after the authorized

officer has approved and marked what may be removed or destroyed. Timber cut or destroyed shall be 'd for at current stumpa.se rates for similar timber in the Klamath National Forest The Forest Service

es the right to disposo of the merchantable timber to those o1ber than the holder at no stumpage st to the holder. Unmercl:umtable material shall be disposed of as directed by the authorized officer.

!anting of trees, shrubs. and other plants in the permit area must have prior written approval from the thorized officer •

. FAILURE TO EXERCISE AUfflORIZED PRIVILEGES. During the Sth year of operation and on tennination, the authorized officer shall review actual use and adjust the allocation of use to match highest amount of actual use in 1 calendar year during the first 5 years of operation, plus 2S percent

f that amount for holders with up to 1,000 service days or the equivalent in quotas or 15 percent of that ount for holders with more than 1.000 service days or the equivalent in quotas, provided that:

l. The combination of the highest amount ofactual use in l calender year and the additional 25 or 15 ercent of use not exceed the amount of use allocated when the permit was issued; and

. To ensure that 5 years of use are evailable for review as a basis for making the allocation adjusbnent, e uutlwrized officer may adjust the review period to include a previous or an additional year of use ll8ed on a finding that extraoi:dinary circumstances prevented a season of operation.

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CDFW-35

• RESTRICTION OP MOTOR VEWCLE USE. The holder shall restrict motor vehicle use to fdeSignated roads, trails, and areas, unless specifically provided otherwise in the operating plan .

• NOXIOUS WEED/EXOTIC PLANT l'REVENTION AND CONTROL. The holdecahall be esponslble for the prevention and control of noxious weeds and/or e,c.otic plants wing from the uthorized uae. For purposes of this clause, noxious weeds and exotic plants include those species cogoized as such by federal, state, or local authority. The bolder shall follow prevention and control easures required by federal, state, or local authority. When detennined to be necessary by the thorizm officer, the holder shall develop a plan for noxiom weed and exotit plant prevention and trol. 1beso plans must have prior w~tten approval ftom the authori7.ed officer and, upon approval, I be attached to this permit u an appaidix.

. WEED-FREE HAY. The holder shall use only hay, grain, straw, pelletized feed, or mulch certified s noxious weed-free or noxious weed seed-free by a State Department of Agriculture or other

lauthori'iud county official Tho holder shall provide docwnentation of that certification to the authorized

RIGHTS AND LlABILfflES

• LIGAL EFFECT OF TI1E PERMIT. This pennit, which i3 revocable and terminable, is not a ontract or a lease, but rather a fedenl liceosc. The benefits and requirementB conferred by this uthorization aro reviewable solely under the procedures set forth in 36 CPR Part 251, Subpart C, and 5 .S.C. 704. This permit does not constitute a contract fur purposes of the Contract Disputes Act, 41 .S.C. 601. The permit is not real property, does not convey any interest in real property, and may not b

d as collateral for a loan.

THIRD-PARTY RIGHTS. Tb.is permit is subject to all valid outstandmg rights. Valid outstanding id rigbJs include those derived under mining and mineral leasing laws of the United States. The

niled States is not liable to the bolder for the ex.e,cise of any such righL

• ABSENCE OF THIRD-PARTY BENEFICIARY RIGHTS. The))8rties to this pennit do not · tend to confer any rights on any third party as a beneficiary under this permit

. WATER RIGHTS. This permit does .not confer any water rights on the holder. Water rights arc not equired by state law and may not be acquired to exercise the minor water uses authorized by this pemul .

• RISKS. The holder assumes all risk ofloss associated with use and occupancy of the permit area, · eluding but nm limited to theft, vandalism, fire and any fire-fighting activities (includiugprescnlJcd urns}, avalanches, rising waters, winds, falling limbs or trees, and acts of God. If authoriz.ed temporary

· provements in the permit area. are destroyed or substantially daml@Cd, the authorized officer shall onduct an analysis to determine whether the improvements can be safely occupied in the future and hether rebmlding should be allowed .

. DAMAGE TO UNITED STATES PROPERTY. The holder has an affirmative duty to protect from amage the land, p1operty, and other interests of the United States. Damage includes but is not limited to e suppresaioo costs, damage to government-owned improvements covered by this permit, and all costs d damages associated with or resulting from the release or tlueatened release of a hazardous material curring during or as a result of activities of the holder or the holden heirs, a.,signs, agenrs, employees,

ont:ractors, or lessees on, or related to, the lends, property, and other interests covered by this permit. oses of clauses Ill.F Ill.I, e.nd V "hazardous material II shall mean a an hazardous substance

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Jen 121712:40p OougCOl9 5304693321 p.5

. . . er sedion J 01(14) of CERCLA, 42 U.S.C. 9601 (14); (b) any pollutant or contaminant under section

101(33) ofCERCLA, 42 U.S.C. 9601(33); (c) any petroleum product or its derivative, including fuel oil, waste oils; and (d) any baurdous substance, extremely hazardous su~e, toxic substance,

azardou., waste, ignitable, reactive or conosive materials, pollutant, contaminan~ element, compouud, · e solution or substance that may pose a present or potential bamrd to human health or the :viromnent under any applicable environmental laws.

I . The holder shall avoid damagin8 or contaminating the envi.tolllllCllt, including but not limited to the il, vegetation {such as trees, shrubs, and grass). surface war.er, and groundwater, during the holder's use

occupancy of the permit area. If the enviromneot or any government property covered by this permit ecomes damaged during the holder's use and occupancy of Che permit area, the holder shall immediate! epair the damage or replace the damaged items to the satisfaction of the authorized officer and at no pense to the United States. ·

. The holder shall be liable for all injury, las.,, or damage, including fire suppression, or otberc::os1s in nnection with rehabilitation or restoration of natural resources associated with the use and occupancy

iauthOl'l'izea by this permiL Compensation shall include but not be limited to the value of resources ...-uueed or destroyed, the costs of restoration, cleanup, or other mitigation, fire suppression or other

es of abatement costs, and all administrative, legal (including attorneys fees)t and other costs in nnection therewilh.

. With respect to roads, the holder shall be liable for damage to all roads and trails of the United States pen to public use caused by use of the holder or the holder's heirs, assigns, agents, employees, utractors, or lessees to the same extent as provided \Dlder clause ID.F .1, except lhat liability shell not

· nclude reasonable and ordinary wear and tear •

• HEALTH, SAFETY, AND ENVIRONMENTAL PROTECTION. The bolder shall promptly ate as completely u possible and in compliance with all applicable llM and regulations any activity condition and arising out of or relating to the authori7.ed use and occupancy that causes or threatens to

e a hazard to public health or·the safety of the holdet's employees or agents or h8I1I1 to the viromnent (including areas of vegetation or timber, fish or other wildlife populations, their habitats, or y other natural resouroes). The holder shall immediately notify the authoriud officer of all serious

cc:idents that occor in connection with such activities. The responsibility to protect the health and safety fall persons affected by the use and occupancy authorized by this permit is solely that of the holder.

e Forest Service has no duty under the terms of this pennit to inspect the permit area or operations and tivities of the holder for hazardous conditions or compliance with heal1h and safety standards •

• INDEMNIFICATION OF THE UNITED STATES. The holder shall indeinnifyt defend, and hold le.,s the United States for any costs, damages, claims, liabilities, and judgments arising from past,

resent, and future acts or omissions of the holder in connection with the use and occupancy authorized this permit This indemnification and hold harmless provis:ion includes but iB not limited to acts and issions of the holder or the holders heirs, assigns, itgents, employees, contractors, or lessees in

nnection with the use and occupancy authorized by 1bis permit which result in {l) v:iolations of any aws and regulations which are now or which may in the future become applicable, and including but not • "ted to those environmental Jaws listed in clause V.A of this permit; (2)judgnimts, claims, demands,

ties, or tees assessed against the United States; (3) costs, cxpeoses, and damages incurred by the nited States; or (4) the release or threatened release of any solid waste, hazardous waste, bazardOU8

stance, pollutant, contaminant, oil in any form, or petroleum product into the envirnmnenL The thorized officer may prcscn"be terms that allow the holder to repl~ repair, restore, or othccwise

ertako necess curative actions to mi · e dama in addition to or as an alternative to mone

6

CDFW-35

· odemnification.

. INSURANCE. The holder shall furnish proof of insurance, such as a certificate of iosunnce, to the uthoriml officer prior to issuance of this permit and each year thereafter that tms pennit ia in effect

e Forest Service reserves 1he right to review and approve 1he insurance policy prior to issuance. The Ider shall send an authcmtiaat.td copy of any innran~ policy obtained plll'IWmt to this dauso to the

uthoriz.ed officer immediately upon issuance of the policy. Any insurance policies obtained by the Ider pursuant to 1his clause abal1 name the United States as an additioaaJ insured, and the additional

a.ua,,.,~ provision ahall provide for insurance coverage for the United States as required under this clause. policies shall also spedfythat 1he inSW'llllee company shall give 30 days prior written notice to the

uthorized officer of caocellation of or any moclifi~on to the policies. The certificate of inturance, e autfaentfcated eopy of the inrnmmee policy, and wt1tten notice of cancellation or modJficatfo11 o surance pollclel should be sent to Happy Ca.mp / Oak Knoll Ranger District, PO Box 377, Happy mp. CA 96039. Minimum amounts of covemge and other insmance requiremems are subject to

ge.at the sole discretion of the authorized officer on the anniversary date of this permit

1. Liability. The holder shall have in force liability insurance covering losses associated with the use end upancy authorized by this permit arising from personal injury or death and third-party property

ldm:D811e in the minimum amount of: 1,000,000.00 for injury or death to one penon per occurrence, 1,000,000.00 for Injury or deatll to more than one penon per occurmace, ancl 2S,OOO.OO for third-party property damage, per occa.rrenc:e •

. Depending on the holder's operations, the Forest Service may require the holder to demonstrate the vailabJ1ity of funds to address any release or threatened release of hazardous materials that may occur · nnedion wi1h the holder's use and occupancy. Any requiremeata imposed would be established on a

ase-by-case basis by the authorized officer based on the degree of environmental risk from Ote holden perations. The uso and storage of normal maintenance supplies in nominal amounts generally would not · gger financial assurance requirements .

. CONTRACTED SERVICES. The bolder shall have in force an endorsanent covering contracted · ces and equipment or, alternatively, the holder or the holders contractor shan procure a separate

surance policy that. c::oven these services.

V. PERMIT FEES AND ACCOUNTING RECORDS

• PERMIT FEE. The bolder shall pa.y to the USDA, Forest Service, an annual pcmnit fee for the term f this permit based on the fair marlcct value of the use and occupancy authorized by this permit. The

ual permit fee shall include a commercial use fee and, if applicable, Bil assigned site fee and grazing ee, as enumerated in clauses JV.B, C, and D. The minimum 8DllUa1 pennit fee fur the authorized use and ccupancy shall be $amount. &timates of service days, the number of assigned sit~ and srazing use ball be determined from the five-year or annual operating plan. Estimated fees shall be calculated on an srirnated Fee Detmnination SheeL The holder shall pay tho annual permit fee in advance of the

orized use and occupancy, as provided in clause IV.B. Payments due before commercial operations ence are not refundable. The Forest Service shall adjust and calculate pennit fees au1horized by

· s pennit to comply with any new permit fee system based on mllricet value that ma.y be adopted by tatute, regulation or directivo isBUed by the Chief after issuance of this permit.

11 revenue .

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Jan 121712:40p Doug Cole 5304693321 p.4

a) Definition,

1) Adjuted Gross Revenue. Gross revenue and revenue additions less applicable exclusions.

(2) Gross Revenue. The total amount of receipts fiom the sale of goods or services provided by the older or third party wider the peIJDil

) Reveaaae AddJtfon1. The market value of the following items, which are added to gross revenue:

A) The value of goods and services that are donated or 1be value of goods and services that are bartered exchange for goods and service.s received that are diiectly related lo the outfitted or guided trip; and

~ The ~ue of gratuities, which are goods, serv.ices, or privileges that are not available to the general ublic and that are donated or provided without charge to organizatious; individuals; tho holders

employees, owners, or officers; or immediate family members of the holder's employees. owners, or office.rs.

(4) Revenue Exdulfons. The following are excluded &om gross revenue:

A) Revenue derived mun goods or services sold on private land that are not related to outfitting and · 'ng operation, coaductccl on National Forest System lands, such as souvenirs, telephone toll charges, d accident insurance sales.

) Amounts paid or payable to a State government licensing authority or recreation administering cy from sales of hunting or fishing licenses and recreation fee tickets.

C) Reveaue ftom the salo of operating equipment, rental equipment, capitalized assets, 9r other assets ed in outfitting and guiding operations, such as horses, tack, watercra~ and rental skis and boots,

hich are sold periodically and replaced.

ASSIGNED SITE PEE. A fee shall be charged for the occupancy of National Forest System sites · gned to the holder. Assigned site fees shall not be prorated; the holder shall pay the full amrual fee

or each assigned site. No refunds or cnxlits wiU be given for authorized but unmed assigned sites .

. GRAZING FEE. A fee shall be charged for grazing livestock used in conjunction with the use and ccupancy authorized by this pennit. No refunds or credits will be given for authorized but wiexercilled

. PAYMENT SCHEDULE. The holder shall pay the annual estimated pennit fee, includiog the fee for ommcrcial use, assigned site fee, and grazing fee, in advance of the authorized use, as follows:

• Single Payment. The holder shall pay the total anoual estimated fee in advance when it is less than 500 .

• Two Paymeab, The holder shall pay half the total annual estimated fee in advanoe and the remainder y mid-season when the total i8 equal to or greater then $S00, but less than $2,500 .

• Three·Payment9.1be holder shalt pay one-third of the total annual estimated fee in advance and the · er in two· ual a ta mid-sea.,on when the total is $2 500 or more.

8

CDFW-35

• Final Payment. The Pores1 Service shall reconcile annually the actual pennit fee against pemtit fee yinents made. The holder shall pay any additional fees owed for the past year's operation witbJn 30

ays ofbillillg.

DOCUMENTATION OF REVENUE. The bolder shall provide documentation of use and revenue or purposes of permit fee verification.

• Actual Use Report. Within 30 days of completion of the holder's approved operating season, the Ider shall submit to tho authorized officer an actual use ieport in ac:cotdance with the format in

ppmdix E .

• Income Statements. No late,- than 90 days after 1he close of the holdci's fiscal year, the holder shall ubmit to the authorized officer a statement of income reporting the resulls of the holder's annual pennons. The statement shall include gross revenue, the value of donated goods and services, the value f grab.lities, the value and description of items excluded from gross revenue, and all adjustments, such

tmces deducted, and &ball be broken down by pamjtted activities.

l. Crediting of Paymenta. Pa)'Jllents shall be c.redited on the date received by the deposit facility, excep t if a payment is received on a non~woikday, lhe payment shall not be credited until the next workday .

• Dbputed Fee,, Fees me due and payable by the due date. Disputed fees must be paid in full. lilJstments will be made if dictated by settlement terms or an appeal decision.

(a) Interest. Pwsuant to 31 U.S.C. 3717 et seq., interest shall be charged on any fee amount not paid 'thin 30 days from the date it became due. The rate of interest assessed shall be the hisher of the ompt Payment Act rate or the rate of the current value of funds to the Treasury (i.e., the Treasury tax d loan account rate), as prescribed and published annually or quarterly by the Secretary of the Tr

· n the Federal Register and the Treasury Fiscal Requirements Manual Bulletins. Jnterest on the principal all accrue from the date 1he fee amount is due.

) Admlntatrative Costs. If the acc:cunt becomes delinquent. administrative costs to cover processing d handling the delinquency shall be assessed.

c) PenaJdes. A penalty of 6% per mm.um shall be assessed on the total amount that is more than 90 days elinqucnt and shall accrue from the same date on which in~ charges begin to accrue.

d) Termination for Noapayment. This pemrit shall terminate without the necessity of prior notice and rtunity to camply when any permit fee payment is 90 calendar days from the due date in anears.

e holder shall be responsible for the delinquent fees, as well as any other costs of restoring the site to ts original condition, including hazardous waste cleanup •

. Aclmfnistrafu'e Offset and Credit ReporCf.ng, Delinquent fees and other charges associated with the ermit shall be subject to all rights and remedies afforded the United States pursuant to 31 U.S.C. 371.1

. and common law. Der encies are su 'ect to an: or all of the followin :

g·d e100 enoa

9

CDFW-35

Jan 121712:39p Doug Cole 5304693321 p.3

(a) Administrative offset of payments due the holder from the Forest Service.

) If in excess of 60 days, refenal to the Department of the Tn=asury for appropriate collection action as \'ided by 31 u.s.c. 371 l(g)(l).

c) Offset by the Seaetary of the Treasury of any amount due the bolder, as provided by l U.S.C. 3720 et seq.

d) Disclosure to consumer or commercial credit reporting agencies .

. ACCOUNTING RECORDS. The holder shall follow generally accepted accounting principles or other comprehensive basis of accounting. such as tho cash, modified cub, or income 1ax basis of

ccounting. in ICCOrding financial transactions. The minimum acceptable accounting system shall nclude:

• Systematic internal controls and separate recording of gross receipts from each type of business ct.eel WLdcr Ibis pennit, separate from any other commercial or personal activity. Receipts shall be eel daily without reduction and, if possible, deposited into a b81lk account Receipt.entries shall be

ported by documentation such as cash register tapes, sales invoices, reservation records, and cash coounts from other SOW'ces .

. For permits with fees greater than S 10,000, when reque.,ted by the Forest Servi~ the holder at its o expense shall have its annual accounting records audited by an independent public accountant acceptable o the Forest Service.

• ACCESS TO ACCOUNTING RECORDS. The holder shall make all of the accounting books and upporting records for the business activities authorized by this permit available for audit by the Forest ervice or other federal agencies authorized to review Forest Service activities. The holder shall retain

e records and make them available for review for five years after the end of the year they were enerated, unless disposition is otherwise authorized by the Forest Service in writing.

COMPLIANCE WITH ENVIRONMENTAL LAWS. The holder shall in connection with the use d occupancy authorized by this permit comply with ell applicable federal, state, and local vironmental laws and regulations, incl\ld.ing but not limited to those established pursuant to the

esourcc Conservation and Recovery Act, as amended, 42 t;.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., the Comprehensive Environmental

espouse, Compensation, and Liability Act (CERCLA). aa amanded, 42 U.S.C. 9601 et seq., the Toxic Substances Control Act, as amended, 1 S U.S.C. 260 t et seq., the Federal Insecticide, Fungicide, and

odenticide Act, as amended, 7 U.S.C. 136 et seq., and the Safe Drinking Water Act, as amended, 42 .S.C. 300f et seq .

• VANDALISM. The holder ahell take reasonable measures to prevent and discourage vandalism and isordedy conduct and when necessary shall contact tho appropriate law enforcement officez .

• HERBICIDE AND PESTICIDE USE. Herbicides and esticldes ma not be used to control

10

CDFW-35

ndesi.rable woody and herbaceous vegetation, aquatic plants, insec~ rodenls, fish, and other pests and without prior written approval fiom the autboru.ed officer. A request for approval of planned uses

f pesticides shall be submitted annually by the holder on the due date established by the llll1horiud fficer. The report shall cover IL 12-month period of plmmed uso beginning 3 months after tho reporting

e. Information essential for review shall be provided in the Conn specified. Exceptions to this -•"-"UJlwl be allowed, subject to eme:rgaicy request and approval, only when unexpected outbn:ab of pests or

eeds require control measures that were not anticipated at the time an annual report was submitted. y those materials registered by the U.S. Environmental Protection Agenoy for the specific purpose

lanned shall bo considered for use on National Forest System Jaruis. Label imtructiom and all pplicable laws and regulations shall be strictly followed in the application of pesticides and disposal of

CDFW-35

Jan 12 1712:39p Doug Cole 6304693321 p.2

• Except with respect to any federally permitted release as that tennis defined under Section 101(10) of ER

CDFW-35

• 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 ecisioo must be in writing. Wifbin 48 hours of the request of the holder, the superior of the authorized fficer shall arrange for an on-the-ground review of the adverse conditions with the holder. Following ·s review, the superior shall take prompt action to affinn, modify, or cancel the suspension .

. APPEALS AND REMEDIES. Any written decisions by the au1horized officer relating to ladini"n.i' stration of lhis permit, including annual rating, of probationary and macceptablc and revocation

r suspension decisions are subject to the administrative appeal regulations at 36 CFR Part 251, Subpart , as amended. Revocation or suspension of this permit shall not give rise to any claim for damages by e holder against the Forest Service .

• TERMINATION. This permit shall terminate when by its terms a fixed or agreed upon condition, event, or time occurs without any action by~ authorized officer. Examples include but· are not limited

expiration of tho permit by its terms on a specified dato and termination upon change of control of the usiness entity. Termination of this pennit is not subject to administrative appeal and shall not give rise

any claim for damages by the holder against the Forest Service.

G. REMOVAL OF TEMPORARY IMPROVEMENTS. Upon revocation or tennination of this ennit, the holder shall remove within a n:asonable time prescnl,ed by the authorized officer all

rary improvements, except those owned by the United States, and shall restore the site. If the older fails to remove all temporary improvements within the prescribed period, they shall become the roperty of the United States and may be sold, destroyed, or otherwise ditspused of without any liability

the United States. However, the holder shall remain liable for all costs associated with their removal, • eluding costs of sale and impoundment, cleanup, 11I1d restoration of the site.

. MISCELLANEOUS PROVISIONS

. ADVERTISING. The holder shalJ not misrepresent in any way, either orally, in its cirwlars, rochure.,, advertising, and other materials, or on its website, signs, or letterheads, any aspect of the use uthorized by this peonjt, including services provided by the holder, the status of this pennit, or the area t coven. All of the holder's circulars, brochures, and advertising and its website regarding use of the

't area shall state that the permit area is located in the Klamath National Forest •

• CURRENT ADDRESSES. The holder and the Forest Service shall keep each other iDfurmed of WTent mailing ad.dresses, including those nec:essary for payment of fees .

. SERVICES NOT PROVIDED. This permit does not provide for the furnishing of road or trail • tenance, water, fire protection, search.and reecu~ or any other service by a government agency,

'lity, association, or individual.

• MEMBERS OF CONGRESS. No member of or delegate to C.Ongress orKsident commissioner ll benefit from this permit either mrectly or indirectly, except to the extent the authorized use provid

general benefit to a corporation .

. SUPERSEDED PERMIT. This permit supersedes a pennh designated BAP240 and dated 2G0S .

. SUPERIOR CLAUSES. In the event of any conflict betweem any of the preceding printed clauses d an subs uent clauses or an ovisioos in the · ces attached to this it, the ·

L'd e100 Bnoa

13

CDFW-35

Jan 12 1712:39p Doug Cole 5304693321 p.1

· permit 1i accepted subject to all its terms and eenditlon,. ·· --· . . . . ...

OLDER: Mart>le Moantatn Guest Ranch .S. DEPARTMENT OF AGRICULTURE

(Holder or Holder's Agent) KBNa~.~~ District Ranger

ate:~ /~ _!, lz..1?/2,0\~

ate:

following certificate shall be executed by the secretary or assistant secretary of the corporation:

VOM, b \ .. (de_ certify that l llDl the select Secremry of Assistant Secretary of (nameofSecretaryorAasistantSeCletar)')

e corporation that executed the above permit; that \M>U:3b.~ 1: u..le who signed this (name of signatory)

ermitonbebalfofnameof holderwasthen C. -~-0 . ofthat (ti.lie of signatory)

ration; that 1 lmow bis/her signature; that ma/her signature on this permit is IJenuine; and that this

ermit was signed, sealed, and attested to on behalf of name of holder by audlority of im board of

ccording to the Paperwork Reduction Ace of 1995, an agency may not conduct or sponsor, and a person not required to respond to a collection of inforroation unless it displays a valid 0MB control number. e valid 0MB control 11llfflber for this information collection is 0596.0082. The time required to mplete this infonnation collection is estimated to average 1 hour per response, including the time for · ewing instructions, searching existing data somces, gathering and maimaioing the data needed. and

mpleting and reviewing tho collection of infoonatioo.

U.S. Department of Agriculture (USDA) prohibits discrimination in all its prognnm and activities n the basis of race, color, national origin, gender, religion, age. disability, and where applicable, sex, arital status, familial status, pamitaJ status, religion, sexual orientation, genetic inmrmatioa, political

eliefs, n,prisal. or because all or part of an individual's income is derived from any publio assistance. (Not all probtoited bases apply to all programs.) Persons with disabilities who require alternative means

communication of program information (Braille, large print, audiotape, etc.) should oontact USDA's AR

CDFW-35

o file a. complaint of discrimination, write USDA, Director. Office of Civil Rights, 1400 Independence ven~ SW, Washington, DC 202S0-9410 or call toll free (866) 632-9992 (voice). TDD uaen ~ ontact USDA lhrougb local relay or tbe Federal relay at (800) 877-8339 (TDD) or (866) 377-8642 relay voice). USDA is an equal opportunity provider and employer.

e Privacy Act of 1974 (5 U.S.C. 5S2a) and the Freedom oflnfonnation Act (S U.S.C. 552) govern the dentjali Co be vi.ded for information received b the Forest Service.

Q'd ~l££69&,0C9 e1006noa

15

CDFW-35

Notice of Exemption Appendix E

To: Office of Planning and Research P.O. Box 3044, Room 113 Sacramento, CA 95812-3044

From: (Public Agency): ------------

County Clerk

County of: --------

Project ntle: Marble Mountain Ranch Diversion

ProjectAppllcant: Marble Mountain Ranch, Douglas T. Cole

Project Location - Specific:

(Address)

The project is about 8 miles north of 9:>mes Bar, on Sanshaw Oeek, 0.87 miles upstream from the l'Jamath River.

Project Location - City: Somes Bar Project Location - County: Siskiyou ---------

Description of Nature, Purpose and Beneficiaries of Project: Marble Mountain Rlnch diverts water from Sanshaw Oeek for irrigation, reaeaion, domestic, and small hydro-electric use. The already existing diversion structures require regular maintenance and a 1600 agreement with the O!lifomia Department of Rsh and Wldlife.

Name of Public Agency Approving Project: Califomla Department of Fish and Wildlife

Person or Agency Carrying Out Project:-----------------------

Exempt Status: (check one):

CJ Ministerial (Sec. 21080(b)(1); 15268); CJ Declared Emergency (Sec. 21080(b)(3); 15269(a)); CJ Emergency Project(Sec. 21080(b)(4); 15269(b)(c)); Iii Categorical Exemption. State type and section number: Existing Facility, Section 15301

D Statutory Exemptions. State code number: ---------------Reasons why project is exempt The diversion structure and culvert are already existing facilities that require regular maintenance. The maintenance does not expand the use or footprint of the existing facilities.

Lead Agency Contact Person:

If flied by appllcant 1. Attach certified document of exemption finding.

Area Code/Telephone/Extension:

2. Has a Notice of Exemption been flied by the public agency approving the project? D Yes o No Slgnature: ____________ Date:, ______ Tltle:

D Signed by Lead Agency CJ Signed by Applicant

Authority cited: Sections 21083 and 21110, Public Resources Code. Reference: Sections 21108, 21152, and 21152.1, Publlc Resources Code.

(CW039263.1}

Dale Received for filing a1 OPR: -----

Revised 2011