Appendix 

A. Example of Special-Use Permit, with Operation and 

Maintenance Plan 

Authorization ID______ FS-2700-5a (8/99) 

Contact ID______ OMB No. 0596-0082 

Expiration Date______ (mm/dd/yyyy) 

U.S. DEPARTMENT OF AGRICULTURE 

Forest Service 

TERM SPECIAL USE PERMIT 

For Recreation Residences 

As of March 4, 1915, As Amended 

(Ref. FSM 2710) 

<Holder Name> of <Address, City, State, Zip Code> (hereafter called the holder) is hereby 

authorized to use national forest lands, for a recreation residence for personal recreational use on 

the <NF Name> National Forest, subject to the provisions of this permit including items I.A 

through___, on page(s)___through___. This permit covers___acres. 

Described as: (1) Lot___of the <Name of Tract> tract. 

(A plat of which is on file in the office of the Forest Supervisor.) 

OR (2) <Legal Description> as shown on the attached map. 

The following improvements, whether on or off the lot, are authorized in addition to the residence 

structure: 

This use shall be exercised at least 15 days each year, unless otherwise authorized in writing. It 

shall not be used as a full-time residence to the exclusion of a home elsewhere. 

THIS PERMIT IS NOT TRANSFERABLE 

PURCHASERS OF IMPROVEMENTS ON SITES AUTHORIZED BY THIS PERMIT MUST 

SECURE A NEW PERMIT FROM THE FOREST SERVICE. 

THIS PERMIT IS ACCEPTED SUBJECT TO ALL OF ITS TERMS AND CONDITIONS. 

ACCEPTED _____________________________________________ ________ 

 HOLDER'S NAME AND SIGNATURE DATE 

APPROVED _____________________________________________ ________ 

 AUTHORIZED OFFICER'S NAME AND SIGNATURE TITLE DATE 

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Appendix A. Example of Special-Use Permit with Operation and Maintenance Plan 

TERMS AND CONDITIONS 

I. AUTHORITY AND USE AND TERM AUTHORIZED. 

A. This permit is issued under the authority of the Act of March 4, 1915, as amended (16 

U.S.C. 497), and Title 36, Code of Federal Regulations, Sections 251.50-251.64. 

Implementing Forest Service policies are found in the Forest Service Directives System 

(FSM 1920, 1950, 2340, 2720; FSH 2709.11, Chap. 10-50). Copies of the applicable 

regulations and policies will be made available to the holder at no charge upon request 

made to the office of the forest supervisor. 

B. The authorized officer under this permit is the forest supervisor, or a delegated 

subordinate officer. 

C. This permit authorizes only personal recreation use of a noncommercial nature by the 

holder, members of the holder's immediate family, and guests. Use of the permitted 

improvements as a principal place of residence is prohibited and shall be grounds for 

revocation of this permit. 

D. Unless specifically provided as an added provision to this permit, this authorization is for 

site occupancy and does not provide for the furnishing of structures, road maintenance, 

water, fire protection, or any other such service by a Government agency, utility 

association, or individual. 

E. Termination at End of Term: This authorization will terminate on <Insert Date>. 

II. OPERATION AND MAINTENANCE. 

A. The authorized officer, after consulting with the holder, will prepare an operation and 

maintenance plan which shall be deemed a part of this permit. The plan will be reviewed 

annually and updated as deemed necessary by the authorized officer and will cover 

requirements for at least the following subjects: 

1. Maintenance of vegetation, tree planting, and removal of dangerous trees and other 

unsafe conditions 

2. Maintenance of the facilities. 

3. Size, placement and descriptions of signs. 

4. Removal of garbage or trash. 

5. Fire protection. 

6. Identification of the person responsible for implementing the provisions of the plan, 

if other than the holder, and a list of names, addresses, and phone numbers of persons 

to contact in the event of an emergency. 

III. IMPROVEMENTS. 

A. Nothing in this permit shall be construed to imply permission to build or maintain any 

improvement not specifically named on the face of this permit or approved in writing by 

the authorized officer in the operation and maintenance plan. Improvements requiring 

specific approval shall include, but are not limited to: signs, fences, name plates, 

mailboxes, newspaper boxes, boathouses, docks, pipelines, antennas, and storage sheds. 

B. All plans for development, layout, construction, reconstruction or alteration of 

improvements on the lot, as well as revisions of such plans, must be prepared by a 

licensed engineer, architect, and/or landscape architect (in those states in which such 

158 DEIS for New Special-Use Permits for Recreation Residences, Safford Ranger District 
Appendix A. Example of Special-Use Permit with Operation and Maintenance Plan 

licensing is required) or other qualified individual acceptable to the authorized officer. 

Such plans must be approved by the authorized officer before the commencement of any 

work. 

IV. RESPONSIBILITIES OF HOLDER. 

A. The holder, in exercising the privileges granted by this permit, shall comply with all 

present and future regulations of the Secretary of Agriculture and all present and future 

federal, state, county, and municipal laws, ordinances, or regulations which are applicable 

to the area or operations covered by this permit. However, the Forest Service assumes no 

responsibility for enforcing laws, regulations, ordinances and the like which are under the 

jurisdiction of other government bodies. 

B. The holder shall exercise diligence in preventing damage to the land and property of the 

United States. The holder shall abide by all restrictions on fires which may be in effect 

within the forest at any time and take all reasonable precautions to prevent and suppress 

forest fires. No material shall be disposed of by burning in open fires during a closed fire 

season established by law or regulation without written permission from the authorized 

officer. 

C. The holder shall protect the scenic and esthetic values of the National Forest System 

lands as far as possible consistent with the authorized use, during construction, operation, 

and maintenance of the improvements. 

D. No soil, trees, or other vegetation may be removed from the National Forest System lands 

without prior permission from the authorized officer. Permission shall be granted 

specifically, or in the context of the operations and maintenance plan for the permit. 

E. The holder shall maintain the improvements and premises to standards of repair, 

orderliness, neatness, sanitation, and safety acceptable to the authorized officer. The 

holder shall fully repair and bear the expense for all damage, other than ordinary wear 

and tear, to national forest lands, roads and trails caused by the holder's activities. 

F. The holder assumes all risk of loss to the improvements resulting from acts of God or 

catastrophic events, including but not limited to, avalanches, rising waters, high winds, 

falling limbs or trees and other hazardous natural events. In the event the improvements 

authorized by this permit are destroyed or substantially damaged by acts of God or 

catastrophic events, the authorized officer will conduct an analysis to determine whether 

the improvements can be safely occupied in the future and whether rebuilding should be 

allowed. The analysis will be provided to the holder within 6 months of the event. 

G. The holder has the responsibility of inspecting the site, authorized rights-of-way, and 

adjoining areas for dangerous trees, hanging limbs, and other evidence of hazardous 

conditions which could affect the improvements and or pose a risk of injury to 

individuals. After securing permission from the authorized officer, the holder shall 

remove such hazards. 

H. In case of change of permanent address or change in ownership of the recreation 

residence, the holder shall immediately notify the authorized officer. 

V. LIABILITIES. 

A. This permit is subject to all valid existing rights and claims outstanding in third parties. 

The United States is not liable to the holder for the exercise of any such right or claim. 

DEIS for New Special-Use Permits for Recreation Residences, Safford Ranger District 159 
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B. The holder shall hold harmless the United States from any liability from damage to life or 

property arising from the holder's occupancy or use of national forest lands under this 

permit. 

C. The holder shall be liable for any damage suffered by the United States resulting from or 

related to use of this permit, including damages to national forest resources and costs of 

fire suppression. Without limiting available civil and criminal remedies which may be 

available to the United States, all timber cut, destroyed, or injured without authorization 

shall be paid for at stumpage rates which apply to the unauthorized cutting of timber in 

the state wherein the timber is located. 

VI. FEES. 

A. Fee Requirement: This special use authorization shall require payment in advance of an 

annual rental fee. 

B. Appraisals: 

1. Appraisals to ascertain the fair market value of the lot will be conducted by the Forest 

Service at least every 20 years. The next appraisal will be implemented in <Insert 

Date>. 

2. Appraisals will be conducted and reviewed in a manner consistent with the Uniform 

Standards of Professional Appraisal Practice, from which the appraisal standards 

have been developed, giving accurate and careful consideration to all market forces 

and factors which tend to influence the value of the lot. 

3. If dissatisfied with an appraisal utilized by the Forest Service in ascertaining the 

permit fee, the holder may employ another qualified appraiser at the holder's expense. 

The authorized officer will give full and complete consideration to both appraisals 

provided the holder's appraisal meets Forest Service standards. If the two appraisals 

disagree in value by more than 10 percent, the two appraisers will be asked to try and 

reconcile or reduce their differences. If the appraisers cannot agree, the Authorized 

Officer will utilize either or both appraisals to determine the fee. When requested by 

the holder, a third appraisal may be obtained with the cost shared equally by the 

holder and the Forest Service. This third appraisal must meet the same standards of 

the first and second appraisals and may or may not be accepted by the authorized 

officer. 

C. Fee Determination: 

1. The annual rental fee shall be determined by appraisal and other sound business 

management principles. (36 CFR 251.57(a)). The fee shall be 5 percent of the 

appraised fair market fee simple value of the lot for recreation residence use. Fees 

will be predicated on an appraisal of the lot as a base value, and that value will be 

adjusted in following years by utilizing the percent of change in the Implicit Price 

Deflator – Gross National Product (IPD-GNP) index as of the previous June 30. A 

fee from a prior year will be adjusted upward or downward, as the case may be, by 

the percentage change in the IPD-GNP, except that the maximum annual fee 

adjustment shall be 10 percent when the IPD-GNP index exceeds 10 percent in any 

one year with the amount in excess of 10 percent carried forward to the next 

succeeding year where the IPD-GNP index is less than 10 percent. The base rate from 

160 DEIS for New Special-Use Permits for Recreation Residences, Safford Ranger District 
Appendix A. Example of Special-Use Permit with Operation and Maintenance Plan 

which the fee is adjusted will be changed with each new appraisal of the lot, at least 

every 20 years. 

2. If the holder has received notification that a new permit will not be issued following 

expiration of this permit, the annual fee in the tenth year will be taken as the base, 

and the fee each year during the last 10-year period will be one-tenth of the base 

multiplied by the number of years then remaining on the permit. If a new term permit 

should later be issued, the holder shall pay the United States the total amount of fees 

foregone, for the most recent 10-year period in which the holder has been advised 

that a new permit will not be issued. This amount may be paid in equal annual 

installments over a 10-year period in addition to those fees for existing permits. Such 

amounts owing will run with the property and will be charged to any subsequent 

purchaser of the improvements. 

D. Initial Fee: The initial fee may be based on an approved Forest Service appraisal existing 

at the time of this permit, with the present day value calculated by applying the IPD-GNP 

index to the intervening years. 

E. Payment Schedule: Based on the criteria stated herein, the initial payment is set at $ 

per year and the fee is due and payable annually on <Insert Date>. Payments will be 

credited on the date received by the designated collection officer or deposit location. If 

the due date(s) for any of the above payments or fee calculation statements fall on a nonworkday, the charges shall not apply until the close of business of the next workday. Any 

payments not received within 30 days of the due date shall be delinquent. 

F. Late Payment Interest, Administrative Costs and Penalties: Pursuant to 31 U.S.C. 3717, 

et seq., interest shall be charged on any fee amount not paid within 30 days from the date 

the fee or fee calculation financial statement specified in this authorization becomes due. 

The rate of interest assessed shall be the higher of the rate of the current value of funds to 

the U.S. Treasury (i.e., Treasury tax and loan account rate), as prescribed and published 

by the Secretary of the Treasury in the Federal Register and the Treasury Fiscal 

Requirements Manual Bulletins annually or quarterly or at the Prompt Payment Act rate. 

Interest on the principal shall accrue from the date the fee or fee calculation financial 

statement is due. 

In the event the account becomes delinquent, administrative costs to cover processing and 

handling of the delinquency will be assessed. 

A penalty of 6 percent per annum shall be assessed on the total amount delinquent in 

excess of 90 days and shall accrue from the same date on which interest charges begin to 

accrue. 

Payments will be credited on the date received by the designated collection officer or 

deposit location. If the due date for the fee or fee calculation statement falls on a nonworkday, the charges shall not apply until the close of business on the next workday. 

Disputed fees are due and payable by the due date. No appeal of fees will be considered 

by the Forest Service without full payment of the disputed amount. Adjustments, if 

necessary, will be made in accordance with settlement terms or the appeal decision. 

If the fees become delinquent, the Forest Service will: 

DEIS for New Special-Use Permits for Recreation Residences, Safford Ranger District 161 
Appendix A. Example of Special-Use Permit with Operation and Maintenance Plan 

Liquidate any security or collateral provided by the authorization. 

If no security or collateral is provided, the authorization will terminate and the holder will 

be responsible for delinquent fees as well as any other costs of restoring the site to it's 

original condition including hazardous waste cleanup. 

Upon termination or revocation of the authorization, delinquent fees and other charges 

associated with the authorization will be subject to all rights and remedies afforded the 

United States pursuant to 31 U.S.C. 3711 et seq. Delinquencies may be subject to any or 

all of the following conditions: 

Administrative offset of payments due the holder from the Forest Service. Delinquencies 

in excess of 60 days shall be referred to United States Department of Treasury for 

appropriate collection action as provided by 31 U.S.C. 3711 (g), (1). 

The Secretary of the Treasury may offset an amount due the debtor for any delinquency 

as provided by 31 U.S.C. 3720, et seq.) 

G. Nonpayment Constitutes Breach: Failure of the holder to make the annual payment, 

penalty, interest, or any other charges when due shall be grounds for termination of this 

authorization. However, no permit will be terminated for nonpayment of any monies 

owed the United States unless payment of such monies is more than 90 days in arrears. 

H. Applicable Law: Delinquent fees and other charges shall be subject to all the rights and 

remedies afforded the United States pursuant to federal law and implementing 

regulations. (31 U.S.C. 3711 et seq.). 

VII.TRANSFER, SALE, AND RENTAL. 

A. Nontransferability: Except as provided in this section, this permit is not transferable. 

B. Transferability Upon Death of the Holder: 

1. If the holder of this permit is a married couple and one spouse dies, this permit will 

continue in force, without amendment or revision, in the name of the surviving 

spouse. 

2. If the holder of this permit is an individual who dies during the term of this permit 

and there is no surviving spouse, an annual renewable permit will be issued, upon 

request, to the executor or administrator of the holder's estate. Upon settlement of the 

estate, a new permit incorporating current Forest Service policies and procedures will 

be issued for the remainder of the deceased holder's term to the properly designated 

heir(s) as shown by an order of a court, bill of sale, or other evidence to be the owner 

of the improvements. 

C. Divestiture of Ownership: If the holder through voluntary sale, transfer, enforcement of 

contract, foreclosure, or other legal proceeding shall cease to be the owner of the physical 

improvements, this permit shall be terminated. If the person to whom title to said 

improvements is transferred is deemed by the authorizing officer to be qualified as a 

holder, then such person to whom title has been transferred will be granted a new permit. 

Such new permit will be for the remainder of the term of the original holder. 

D. Notice to Prospective Purchasers: When considering a voluntary sale of the recreation 

residence, the holder shall provide a copy of this special use permit to the prospective 

162 DEIS for New Special-Use Permits for Recreation Residences, Safford Ranger District 
Appendix A. Example of Special-Use Permit with Operation and Maintenance Plan 

purchaser before finalizing the sale. The holder cannot make binding representations to 

the purchasers as to whether the Forest Service will reauthorize the occupancy. 

E. Rental: The holder may rent or sublet the use of improvements covered under this permit 

only with the express written permission of the authorized officer. In the event of an 

authorized rental or sublet, the holder shall continue to be responsible for compliance 

with all conditions of this permit by persons to whom such premises may be sublet. 

VIII. REVOCATION. 

A. Revocation for Cause: This permit may be revoked for cause by the authorized officer 

upon breach of any of the terms and conditions of this permit or applicable law. Prior to 

such revocation for cause, the holder shall be given notice and provided a reasonable time 

– not to exceed ninety (90) days – within which to correct the breach. 

B. Revocation in the Public Interest During the Permit Term: 

1. This permit may be revoked during its term at the discretion of the authorized officer 

for reasons in the public interest. (36 CFR 251.60(b)). In the event of such revocation 

in the public interest, the holder shall be given one hundred and eighty (180) days 

prior written notice to vacate the premises, provided that the authorized officer may 

prescribe a date for a shorter period in which to vacate ("prescribed vacancy date") if 

the public interest objective reasonably requires the lot in a shorter period of time. 

2. The Forest Service and the holder agree that in the event of a revocation in the public 

interest, the holder shall be paid damages. Revocation in the public interest and 

payment of damages is subject to the availability of funds or appropriations. 

a. Damages in the event of a public interest revocation shall be the lesser amount of 

either (1) the cost of relocation of the approved improvements to another lot 

which may be authorized for residential occupancy (but not including the costs of 

damages incidental to the relocation which are caused by the negligence of the 

holder or a third party), or (2) the replacement costs of the approved 

improvements as of the date of revocation. Replacement cost shall be determined 

by the Forest Service utilizing standard appraisal procedures giving full 

consideration to the improvement's condition, remaining economic life and 

location, and shall be the estimated cost to construct, at current prices, a building 

with utility equivalent to the building being appraised using modern materials 

and current standards, design and layout as of the date of revocation. If 

revocation in the public interest occurs after the holder has received notification 

that a new permit will not be issued following expiration of the current permit, 

then the amount of damages shall be adjusted as of the date of revocation by 

multiplying the replacement cost by a fraction which has as the numerator the 

number of full months remaining to the term of the permit prior to revocation 

(measured from the date of the notice of revocation) and as the denominator, the 

total number of months in the original term of the permit. 

b. The amount of the damages determined in accordance with paragraph a. above 

shall be fixed by mutual agreement between the authorized officer and the holder 

and shall be accepted by the holder in full satisfaction of all claims against the 

United States under this clause: Provided, That if mutual agreement is not 

reached, the authorized officer shall determine the amount and if the holder is 

DEIS for New Special-Use Permits for Recreation Residences, Safford Ranger District 163 
Appendix A. Example of Special-Use Permit with Operation and Maintenance Plan 

dissatisfied with the amount to be paid may appeal the determination in 

accordance with the Appeal Regulations (36 CFR 251, Subpart C) and the 

amount as determined on appeal shall be final and conclusive on the parties 

hereto: Provided further, That upon the payment to the holder of the amount 

fixed by the authorized officer, the right of the Forest Service to remove or 

require the removal of the improvements shall not be stayed pending final 

decision on appeal. 

IX. ISSUANCE OF A NEW PERMIT. 

A. Decisions to issue a new permit or convert the permitted area to an alternative public use 

upon termination of this permit require a determination of consistency with the Forest 

Land and Resource Management Plan (Forest Plan). 

1. Where continued use is consistent with the Forest Plan, the authorized officer shall 

issue a new permit, in accordance with applicable requirements for environmental 

documentation. 

2. If, as a result of an amendment or revision of the Forest Plan, the permitted area is 

within an area allocated to an alternative public use, the authorized officer shall 

conduct a site specific project analysis to determine the range and intensity of the 

alternative public use. 

a. If the project analysis results in a finding that the use of the lot for a recreation 

residence may continue, the holder shall be notified in writing, this permit shall 

be modified as necessary, and a new term permit shall be issued following 

expiration of the current permit. 

b. If the project analysis results in a decision that the lot shall be converted to an 

alternative public use, the holder shall be notified in writing and given at least 10 

years continued occupancy. The holder shall be given a copy of the project 

analysis, environmental documentation, and decision document. 

c. A decision resulting from a project analysis shall be reviewed two years prior to 

permit expiration, when that decision and supporting environmental 

documentation is more than 5 years old. If this review indicates that the 

conditions resulting in the decision are unchanged, then the decision may be 

implemented. If this review indicates that conditions have changed, a new project 

analysis shall be made to determine the proper action. 

B. In issuing a new permit, the authorized officer shall include terms, conditions, and special 

stipulations that reflect new requirements imposed by current Federal and State land use 

plans, laws, regulations, or other management decisions. (36 CFR 251.64). 

C. If the 10-year continued occupancy given a holder who receives notification that a new 

permit will not be issued would extend beyond the expiration date of the current permit, a 

new term permit shall be issued for the remaining portion of the 10-year period. 

X. RIGHTS AND RESPONSIBILITIES UPON REVOCATION OR NOTIFICATION THAT A 

NEW PERMIT WILL NOT BE ISSUED FOLLOWING TERMINATION OF THIS 

PERMIT. 

A. Removal of Improvements Upon Revocation or Notification That A New Permit Will 

Not Be Issued Following Termination Of This Permit: At the end of the term of 

occupancy authorized by this permit, or upon abandonment, or revocation for cause, Act 

164 DEIS for New Special-Use Permits for Recreation Residences, Safford Ranger District 
Appendix A. Example of Special-Use Permit with Operation and Maintenance Plan 

of God, catastrophic event, or in the public interest, the holder shall remove within a 

reasonable time all structures and improvements except those owned by the United 

States, and shall return the lot to a condition approved by the authorized officer unless 

otherwise agreed to in writing or in this permit. If the holder fails to remove all such 

structures or improvements within a reasonable period – not to exceed one hundred and 

eighty (180) days from the date the authorization of occupancy is ended – the 

improvements shall become the property of the United States, but in such event, the 

holder remains obligated and liable for the cost of their removal and the restoration of the 

lot. 

B. In case of revocation or notification that a new permit will not be issued following 

termination of this permit, except if revocation is for cause, the authorized officer may 

offer an in-lieu lot to the permit holder for building or relocation of improvements. Such 

lots will be nonconflicting locations within the national forest containing the residence 

being terminated or under notification that a new permit will not be issued or at 

nonconflicting locations in adjacent national forests. Any in-lieu lot offered the holder 

must be accepted within 90 days of the offer or within 90 days of the final disposition of 

an appeal on the revocation or notification that a new permit will not be issued under the 

Secretary of Agriculture's administrative appeal regulations, whichever is later, or this 

opportunity will terminate. 

XI. MISCELLANEOUS PROVISIONS. 

A. This permit replaces a special use permit issued to: <Previous Holder> on <Date>. 

B. The Forest Service reserves the right to enter upon the property to inspect for compliance 

with the terms of this permit. Reports on inspection for compliance will be furnished to 

the holder. 

C. Issuance of this permit shall not be construed as an admission by the Government as to 

the title to any improvements. The Government disclaims any liability for the issuance of 

any permit in the event of disputed title. 

D. If there is a conflict between the foregoing standard printed clauses and any special 

clauses added to the permit, the standard printed clauses shall control. 

<Note: Additional clauses may be added by the authorized officer to reflect local conditions. 

Delete these instructions prior to printing.> 

According to the Paperwork Reduction Act of 1995, no persons are required to respond to a 

collection on information unless it displays a valid OMB control number. The valid OMB control 

number for this information collection is 0596-0082. 

This information is needed by the Forest Service to evaluate requests to use National Forest 

System lands and manage those lands to protect natural resources, administer the use, and ensure 

public health and safety. This information is required to obtain or retain a benefit. The authority 

for that requirement is provided by the Organic Act of 1897 and the Federal Land Policy and 

Management Act of 1976, which authorize the Secretary of Agriculture to promulgate rules and 

regulations for authorizing and managing National Forest System lands. These statues, along with 

the Term Permit Act, National Forest Ski Permit Act, Granger-Thye Act, Mineral Leasing Act, 

Alaska Term Permit Act, Act of September 3, 1954, Wilderness Act, National Forest Roads and 

DEIS for New Special-Use Permits for Recreation Residences, Safford Ranger District 165 
Appendix A. Example of Special-Use Permit with Operation and Maintenance Plan 

Trails Act, Act of November 16, 1973, Archeological Resources Protection Act, and Alaska 

National Interest Lands Conservation Act, authorize the Secretary of Agriculture to issue 

authorizations for the use and occupancy of National Forest System lands. The Secretary of 

Agriculture's regulations at 36 CFR Part 251, Subpart B, establish procedures for issuing those 

authorizations. 

The Privacy Act of 1974 (5 U.S.C. 552a) and the Freedom of Information Act (5 U.S.C. 552) 

govern the confidentiality to be provided for information received by the Forest Service. 

Public reporting burden for this collection of information, if requested, is estimated to average 1 

hour per response for annual financial information; average 1 hour per response to prepare or 

update operation and/or maintenance plan; average 1 hour per response for inspection reports; 

and an average of 1 hour for each request that may include such things as reports, logs, facility 

and user information, sublease information, and other similar miscellaneous information requests. 

This includes the time for reviewing instructions, searching existing data sources, gathering and 

maintaining the data needed, and completing and reviewing the collection of information. 

166 DEIS for New Special-Use Permits for Recreation Residences, Safford Ranger District 
Appendix A. Example of Special-Use Permit with Operation and Maintenance Plan 

OPERATION AND MAINTENANCE PLAN 

FOR 

RECREATION RESIDENCE 

UNDER PERMIT TO 

__________________________________ 

Permit Holder/Owner 

__________________________________ 

XXXXXXXXX Tract, Lot No. 

XXXXXXXX RANGER DISTRICT 

CORONADO NATIONAL FOREST 

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Appendix A. Example of Special-Use Permit with Operation and Maintenance Plan 

I. INTRODUCTION 

A. As owner of a recreation residence (cabin) on National Forest System (NFS) lands, you 

have been issued a term special-use permit, which is a contract between the Forest 

Service and the person(s) who signed that permit. 

1. Clause II.A. of the special use permit requires that the Forest Service prepare (in 

consultation with the permit holder) an Operation and Maintenance Plan. This 

document fulfills that requirement, and is hereby made a part of the special-use 

permit. It will be reviewed annually and updated as necessary by the District Ranger. 

2. If a change in the operation and maintenance plan warrants an environmental 

analysis, it will be conducted in accordance with National Environmental Policy Act 

(NEPA) and the effects of the changes documented. 

B. To ensure that the lot and cabin are being appropriately maintained, an inspection will be 

scheduled annually, with a copy of the findings sent to you. A copy of the checklist we 

will use is available for review at the Ranger Station. If this Operation and Maintenance 

Plan is followed, in conjunction with the Term Special-Use Permit, together we can 

assure that mutual objectives are met. 

C. The permit holder responsible for implementing this plan is: 

______________________________________________________________________________ 

NAME 

______________________________________________________________________________ 

ADDRESS 

______________________________________________________________________________ 

PHONE 

The person(s) to contact in the event of an emergency (if other than the holder) is: 

__________________________________________ __________________________ 

NAME PHONE 

168 DEIS for New Special-Use Permits for Recreation Residences, Safford Ranger District 
Appendix A. Example of Special-Use Permit with Operation and Maintenance Plan 

II. LOT MAINTENANCE 

A. Hazard Removal 

It is the permit holder's responsibility to inspect the lot, driveway, and immediate 

adjoining areas to their lot for dangerous trees, hanging limbs, and other evidence of 

hazardous conditions and, after securing written permission from the Forest Service, to 

remove such hazards. If it is felt that any snag (a dead, standing tree), large limb, leaning 

tree (whether dead or green), etc., on or off the lot, is (or could become) a safety hazard, 

notify Douglas District Ranger. It is the permit holder's responsibility to remove any 

hazard, on or off the lot, which may pose a threat to safety. 

B. Vegetation Maintenance 

Vegetation maintenance, other than the fire prevention requirements (VIII. B.) of this 

plan, is discouraged due to a number of potential adverse impacts, such as erosion 

problems, reduction of wildlife habitat, and visual screening. If there is some vegetation 

removal that the holder considers necessary, contact the Ranger District office with a 

written proposal. 

Planting of native species of trees, shrubs and flowers may be done to enhance or restore 

a natural appearing forested setting – after securing written permission from the Forest 

Service. Remember that little trees become big ones, so do not plant them too close to 

buildings. Planting of non-native species of trees, shrubs and flowers, is prohibited. 

C. Miscellaneous Items 

1. Swings, yard lights, signs, wires or other materials shall not be attached to trees. 

2. Outdoor fire rings or pits are not authorized. 

3. All items not specifically stated on the permit must be stored inside the cabin or 

removed from NFS lands when the residence is not in use. This includes all sports 

and play equipment (including horseshoe stakes, swings, etc), tools, signs, barbeque 

grills, picnic tables, fake plants, etc. 

4. Authorization for outside lights needed for safety may be granted. Lights must be 

mounted on buildings. All outside lights must be shielded so the light shines directly 

on the yard or on entrances and not affect adjacent lots or NFS lands. 

5. When approved, new electric lines (excluding the main service line) must be buried. 

Existing over-head lines will be buried when they are in need of replacement. All 

electrical work will meet current county codes. 

6. Precautions to prevent soil erosion will be taken by keeping vehicles on established 

roads and by parking only in approved areas. Approved areas will be sufficient to 

hold two vehicles. Enlarging areas to allow additional vehicles is prohibited. Road 

culverts and water bars will be maintained free of debris and replaced when 

damaged. 

7. The lot is not intended to be used as a storage area. After securing written permission 

from the District Ranger, all building materials that will be used within three months 

must be stored out-of-sight or neatly stacked. All other materials will be removed. No 

items will be stored on or under decks or patios. 

8. The storage of motor vehicles, and the storage or use of camp trailers, fifth-wheeled 

trailers, recreational vehicles, etc, is prohibited. 

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9. Television antennas and satellite dishes may be used but must be removed and stored 

indoors when the cabin is not occupied. Antennas/dishes may not be attached to trees. 

10. Gates, fences and walls will not be constructed. 

11. The national flag of the United States of America and/or the flag of its States or 

Territories may be displayed. No other flags, banners, holiday ornaments, or lights 

may be displayed. 

12. The District Ranger will be consulted prior to any soil disturbing activity, and work 

will not begin until approval is granted. 

III. FACILITY MAINTENANCE 

A. Structures 

1. The foundation of the cabin should be checked yearly to ensure that it is structurally 

sound and in good repair. If dirt or leaves have accumulated against the foundation, 

they must be cleared away. If the cabin is on a slope and has an open space under it, a 

screen or latticework enclosing the foundation is required to prevent debris from 

collecting under it. Combustible material should never be stored under any structure. 

2. All roof areas and gutters must be kept free of limbs, needles, and other debris. Loose 

roofing or shingles must be repaired. Check the eaves and around flashing for wood 

rot. 

3. To blend with the national forest landscape and provide consistency between all 

recreation residence tracts on the Coronado National Forest, paint industry standards, 

to define appropriate colors, will be used. These standards include the Munsell Color 

System (combinations of hue, value and chroma are used to define each color) and 

light reflectance values (LRV). Generally, shades of green and brown are 

recommended; subdued grays may also be acceptable. Table 1 gives the range of the 

units that must be met within the authorized hues. 

Table 1 

Hue Green Green-Yellow Yellow Yellow-Red 

Value <5 <4 <5 <6 

Chroma <7 <4 <8 <4 

a. Additionally, the following requirements must be met: 

(1) The cabin, roof, and all other improvements must meet the color standards 

listed in Table 1. The only exception is propane tanks, which may be left 

white. 

(2) Do not use glossy colors 

(3) Colors of paint, stains, and other building materials (such as roofing) shall 

have a light reflectance value under 30. 

(4) If roof color is different than wall color, avoid highly contrasting colors. 

(5) Color of trim, doors, and windows shall be the same or similar color as 

siding. 

170 DEIS for New Special-Use Permits for Recreation Residences, Safford Ranger District 
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4. Prior to selecting your paint, stain, or any other exterior materials, permittee must 

secure approval from the Forest Service. If a deck is to be left in unfinished natural 

wood color, the surface must be treated with some type of clear waterproofing or 

linseed oil. Once a surface has been painted, it must be repainted regularly. 

5. Exceptions to the color requirements include newly installed wood with clear 

protective coatings, existing cabins constructed of red brick or natural block. 

IV. ADDITION OF STRUCTURES OR FACILITIES & CABIN RECONSTRUCTION 

A. Only those structures listed on page 1 of the Term Special-Use Permit are authorized. 

Additional structures and facilities may be approved where & when appropriate. 

Environmental analysis for additional structures must be conducted, with the cost borne 

by the permit holder. 

B. Construction of, addition to, or significant modification of, any building or structurallysignificant facility will require detailed review and written approval, as follows: 

1. Proposals will be submitted to the District Ranger as per Clause III.B. of the Term 

Special-Use Permit. The detail of the plans will be commensurate with the scope of 

the project. After review of the concept, a letter of approval or disapproval will be 

provided to the permit holder. 

2. Environmental analysis for the reconstruction of, addition to, or significant 

modification of, any building or structurally-significant facility may be necessary, 

with the cost borne by the permit holder. 

3. Upon receipt of approval in concept, and the completion of any required 

environmental analysis, the permit holder shall apply for a building permit from the 

appropriate County. If the County does not require a construction permit, the holder 

will work with a registered/certified architect and acquire stamped plans. 

4. Upon receipt of the County building permit or stamped plans, the permit holder will 

forward a copy to the District Ranger. 

5. After review of the above documents by appropriate staff, the proposal will be 

approved by an amendment to the Term Special-Use Permit, returned for revisions, 

or disapproved by letter. 

6. Construction shall not begin until the project receives final approval. 

7. Reconstruction of any facilities, if approved, would be limited to the existing 

approved square footage. 

8. Room additions, screened porches, etc., will not be approved. The only exception for 

an increase in the square footage is for an indoor toilet facility which would replace 

existing outdoor toilet facilities. This addition should blend with the existing 

structure and may be approved up to 100 square feet. County permit or stamped plans 

are required. Outdoor facilities must be removed when replaced and not utilized as a 

shed. 

9. New sundecks may be authorized by the District Ranger and, if approved, would be 

no greater than the length of one side of the existing cabin by ten feet in depth. 

10. Cabins shall be simple, traditional, compact forms, not modern in architecture. 

Modest structures that blend with the landscape will minimize their visual impact on 

the national forest landscape. Proposals that include elements that are not typical, or 

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that draw attention to themselves, may be denied. Some examples of items to avoid 

include unnecessarily high foundations, unusual angles, nontraditional window styles 

or placement, ornate details, or synthetic siding (such as plastic or aluminum). 

Additional information can be found in The Environment Image Guide for the 

National Forests and Grasslands, which is available on the internet at 

http://www.fs.fed.us/recreation/programs/beig/. For guidance on recreation 

residences on the Coronado National Forest, refer to chapter 4.6 "The Rocky 

Mountain Province." 

C. The construction and maintenance of a wood storage box measuring no greater than 3 

feet in width, 2 feet in height and 2 feet in depth may be constructed on a deck or 

adjacent to the cabin. This box must meet the color requirements. 

D. The construction and maintenance of sports courts, including horseshoe pits, is not 

authorized. Sports equipment may be placed on site when the cabin is occupied, but must 

be removed when the cabin is not occupied. 

E. Minor improvements and major maintenance activities can be authorized by the District 

Ranger. 

V. SIZE, PLACEMENT AND DESCRIPTIONS OF SIGNS 

Lot numbers will be posted at the driveway or on the cabin. The number must be plainly 

visible from the main road passing in front of the cabin. The owner’s last name may be 

posted as well in letters no greater than 4 inches in height. Only one sign may be installed, 

and no other message may be on the sign. It should blend with the forest environment in color 

and texture. It may not be attached to a dead or green tree. No other signs will be authorized, 

except for temporary real estate "For Sale" signs. 

VI. WATER SYSTEMS (if applicable) 

A. Drinking Water Systems 

1. The holder, as the water supplier and owner or operator of the drinking water system, 

is responsible for compliance with all applicable Federal, State, and local drinking 

water laws and regulations for the operation and maintenance of a public water 

system. This includes, but is not limited to, developing, operating, and maintaining 

the system, and conducting drinking water testing and taking the appropriate 

corrective and follow-up actions in accordance with Federal, State, and any other 

applicable requirements. For the purposes of this authorization, public water systems 

are defined in the Safe Drinking Water Act, as amended (42 U.S.C. 300f et seq.), and 

in the National Primary Drinking Water Regulations, Title 40, Code of Federal 

Regulations, part 141 (40 CFR part 141), or by State regulations if more stringent. 

VII.WASTE DISPOSAL 

A. Trash Disposal 

1. "On-Site" trash disposal and the use of "burn barrels" or open pits are not authorized. 

All trash must be removed from NFS lands and disposed of in an approved sanitary 

landfill. If used, garbage cans must have secure lids; they must be emptied regularly. 

172 DEIS for New Special-Use Permits for Recreation Residences, Safford Ranger District 
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If the garbage cans are not bear proofed, they must be stored inside at night and when 

the cabin is not occupied. 

2. Unless authorized, branches and logs will not be disposed of either on or near the lot. 

B. Sewage and Gray Water Disposal 

1. Septic tank systems, and alternative on-site disposal systems must be installed and 

maintained in compliance with all applicable Federal, State, and local laws and 

regulations. See Arizona Administrative Code Title 18, Chapter 9 “Department of 

Environmental Quality Water Pollution Control” for the latest standards. 

2. Gray water (wastewater collected separately from a sewage flow that originates from 

a clothes washer, bathtub, shower, and sink, but does not include wastewater from a 

kitchen sink, dishwasher, or toilet) may be separated from the black water waste 

(toilet, kitchen sink wastes) if disposed of by an approved method. See Arizona 

Administrative Code Title 18, Chapter 9 “Department of Environmental Quality 

Water Pollution Control” for the latest standards. 

3. New Pit toilets (using vaults that are not sealed) are not allowed. Existing pit toilets 

shall be monitored and phased out (including building removal) within two years of 

permit issuance. 

4. All outhouses must be fly-proofed, with a self-closing door. 

VIII. FIRE PROTECTION 

A. Structural Fires. The Forest Service limits action by its personnel on structural fires to the 

following, so long as such action can be carried out safely and is within the capability and 

training of the involved personnel: 

1. Activities necessary for the protection of human life. 

2. Activities necessary to control or contain the fire to the immediate area (using 

conventional wild-land fire suppression equipment). 

 

YOU, AS THE PERMIT HOLDER, HAVE THE RESPONSIBILITY 

FOR PROTECTION OF THE CABIN FROM FIRE. 

B. Fire Prevention 

1. Firewood will be stacked in piles at least thirty feet from the main building and at 

least ten feet from smaller structures. The reason for this separation is that a large 

concentration of fuels would increase the severity of a fire, if one occurred. Dead 

flammable fuels will also be cleared to a distance of thirty (30) feet around the main 

building and ten (10) feet around woodpiles, butane tanks, etc. 

2. A twenty-inch path will be cleared of flammable vegetation down to mineral soil 

around every structure. A path 5 feet wide will also be cleared to mineral soil around 

barbecue pits and grills. It is advisable to keep a hose or a bucket of water handy 

when cooking outdoors. 

3. Permit holders shall abide by Coronado National Forest fire restrictions and closures. 

Fire restrictions and closures apply to indoor fires as well. 

4. Stovepipes must extend at least 24" above the roof ridge and be equipped with spark 

arrester. 

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5. The spark arrester shall be twice the area of the chimney vent and constructed of 

corrosion resistant material of not less than 14 gauge mesh wire with openings not 

over 1/2" or less than 5/16". 

6. Proper disposal of fireplace ashes requires that they be put in a covered metal 

container (no cardboard or wooden boxes!) and soaked with water. They should then 

sit overnight to make sure they are cold, before being taken off NFS lands to an 

appropriate disposal site. 

7. All wires shall be a minimum of four feet from the chimney or stove pipe. 

8. The electric meter box must be grounded, and all electrical wires must meet the 

National Electrical Code (NFPA 70). 

9. Tree limbs must be trimmed to at least five feet back from electrical wires, and at 

least ten feet from chimney, stovepipe, and flue outlets. 

10. If the cabin has running water, it should have an outside faucet in case of fire. Largesize fire extinguishers (A, B, C – 10 pound or larger) and at least one smoke detector 

are also encouraged. 

11. No fireworks shall be stored or used on the land covered in the Term Special-Use 

Permit or in the structures thereon. Using fireworks will result in a citation and may 

result in the permit being suspended or terminated. 

IX. ACCESS 

The holder agrees to permit the free and unrestricted access to and upon the lot. See Section 

XI Miscellaneous Provision Clause R of the Term Special-Use Permit. 

X. SALE OR TRANSFER OF THE CABIN 

A. If a decision is made to sell the cabin, the following procedure will be followed: 

1. Contact the appropriate Ranger District Office and advise them of your intent to sell; 

this action should also be verified in a letter to the District Ranger. If possible, a 

forest officer will make a transfer inspection, noting substandard items (if any) which 

need correction. A copy of the inspection form will be sent to the permit holder; any 

deficient items should either be corrected immediately, or discussed with the 

prospective purchaser to ensure that proper corrective action will be taken. Upon 

completion of the corrective work, notify District personnel. If the cabin is sold with 

major deficiencies, a short-term permit may be issued to the new owner to allow time 

to correct the situation. When corrected, the standard permit would be issued. 

2. A copy of the Special-Use Permit must be provided to the prospective purchaser 

before finalizing the sale. They will be informed that the cabin shall not be used as a 

principal place of residence, which is defined as the main residence where most of 

the year (more than 183 days per annum) is spent. See I.R.S. Publication #17. 

3. The current permit holder and prospective buyer will submit Form-2700-3a, “Holder 

Initiated Revocation of Existing Authorization/ Request for a Special-Use Permit or 

Term Special-Use." Permits may only be issued to an individual or to a husband and 

wife. The Forest Service may not issue permits to (and thus the improvements may 

not be owned by) corporations, partnerships, multiple individuals or trusts. In 

addition to this form, a recorded Bill of Sale (or comparable legal document) is 

required. The completed forms and recorded Bill of Sale should be mailed or 

174 DEIS for New Special-Use Permits for Recreation Residences, Safford Ranger District 
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delivered to the Ranger District office along with a $25.00 transfer fee (check or 

money order made payable to U.S.D.A. Forest Service). 

4. The application will be processed and a new Permit prepared for signature(s), at 

which time the new owners will be contacted and an appointment made to review and 

issue the new Permit, and also prepare a new Operation and Maintenance Plan. This 

conference/phone call allows the opportunity for the prospective Permit Holder to ask 

questions, and to become a partner in the management of this area. 

B. If a transfer of the cabin is necessary due to death or incapacity of the permit holder, the 

beneficiary or designee, so designated in a recorded will & testament, trust, or other legal 

document, must proceed as follows: 

1. Contact the appropriate Ranger District Office and advise them of the situation; this 

action should also be verified in a letter to the District Ranger. Submit a copy of the 

death certificate or a certified letter by an attending physician, and the recorded legal 

document(s) granting new possession of the cabin. If not specifically stated in the 

document who shall receive the cabin, a document designating the one person to be 

responsible for the cabin, must be submitted. All heirs of the deceased or 

incapacitated permit holder must sign and have their signature notarized. 

If possible, a forest officer will make a transfer inspection, noting substandard items 

(if any) which need correction. A copy of the inspection form will be sent to the 

prospective permit holder; any deficient items must be corrected prior to issuance of 

the new permit. 

XI. MISCELLANEOUS PROVISIONS 

A. Wildlife. The permit holder is responsible for taking action on their lot to minimize 

conflicts with wildlife. 

1. Feeding wildlife is strictly prohibited, including, but not limited to, bears, birds & 

squirrels. Treat all wild animals as dangerous. 

2. All food must be stored indoors and shall not be left unattended where animals could 

have access to it. 

3. Food preparation, cooking and eating areas shall be cleaned immediately after use 

and kept clean. Dishes and other food preparation materials shall be cleaned and 

stored indoors immediately after food service has been completed. Thoroughly clean 

barbecue grills after use; remove and dispose of grease and food particles in garbage 

cans. 

4. Do not bury garbage, scatter organic waste, or leave foil or other food packaging on 

or near grills. 

5. Garbage storage shall not be allowed to overflow and will be brought indoors each 

night. They shall be cleaned weekly and prior to leaving with hot water, soap, and 

disinfectant in order to minimize odors. 

6. All garbage shall be transported to an approved sanitary landfill at frequent intervals, 

but at a minimum of once per week. 

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Bears. Black bears are forest residents. They are wild and unpredictable. They normally 

do not attack or threaten people unless provoked, but food will attract their interest. Bears 

recognize food and food containers by sight and smell, including ice chests, grocery 

sacks, cardboard boxes, canned goods, freeze-dried foods and pet foods. Bears consider 

odorous products to be potential food. Odorous items include things such as food, 

garbage, toothpaste, insect repellent, suntan lotion, etc. It is important to prevent bears 

from detecting the presence of stored garbage, but if discovered by bears, it must be 

stored in a manner that will prevent them from getting to it. Bears are active at all hours, 

both day and night. They are clever and resourceful. If a bear is encountered, throw 

objects, bang pots, yell or clap hands to frighten them away. Do this before the bear gets 

close to you. Do not try to approach a bear and do not tease or crowd them. Avoid getting 

between a sow and her cubs. Frighten bears away before they reach food, otherwise they 

will be difficult to remove. All employees, guests, and visitors must be informed that they 

are to abide by the following requirements. 

In additional to bears, other wildlife such as skunks, raccoons, and coatis, are also 

attracted to available foodstuffs. Therefore, the following requirements will be enforced 

at all times. 

Further information and assistance to prevent conflicts with wildlife is available from the 

local Arizona Game and Fish Department, North American Bear Society, and your Forest 

Service office. 

B. Heritage Resources 

1. If permit renewal or amendment authorizes ground-disturbing activities, removal or 

alteration of buildings or structures, or other potential impacts to significant heritage 

resources, the forest heritage staff will be contacted to initiate National Historic 

Preservation Act (NHPA) compliance. 

2. If any external modifications, additions, or removals are approved for a National 

Register of Historic Places– eligible building during the life of the permit, the forest 

heritage staff must be contacted to initiate NHPA compliance. 

C. Other Miscellaneous 

1. Domestic animals must be under physical control when outdoors. Leashes are limited 

to a maximum of 6 feet in length. 

2. Building of impoundments to divert or hold surface water without water rights from 

the State is prohibited. 

XII.CONCLUSION 

As a part of this Operation and Maintenance Plan, you agree to conduct, if necessary, an 

annual Self-Inspection of your cabin and permit area. A self-inspection form will be mailed to 

you in the Spring prior to the main use season. This self-inspection form certifies your 

compliance with this Operation and Maintenance Plan. 

This Operation and Maintenance Plan is not intended to unduly restrict the enjoyment of the 

National Forest, or the Recreation Residence within it. It is meant to protect the cabin and lot, 

the National Forest System lands and resources upon which the cabin lies, and the people 

utilizing them. After appropriate consultation, it will be amended and up-dated as often as 

176 DEIS for New Special-Use Permits for Recreation Residences, Safford Ranger District 
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DEIS for New Special-Use Permits for Recreation Residences, Safford Ranger District 177 

needed. It can not, however, cover every possible operation and maintenance situation that 

could be encountered. Common sense and safety awareness must be the foundation for all 

activities. 

As the permit holder, I have read this plan, and understand that it is a part of my Term SpecialUse Permit. 

_______________________________ ____________________________ 

Permit Holder Date 

_______________________________ ____________________________ 

Permit Holder Date 

DEIS for New Special-Use Permits for Recreation Residences, Safford Ranger District 179 

B. Heritage Resources

Copy of Scoping Letter Sent to Native American Tribes and Nations March 

24, 2006 

««GreetingLine»»; 

In the next few months, the Forest Service will be considering whether to renew recreation 

residence permits on Forest lands across the country. On the Coronado National Forest, we have 

254 recreation residence permits, located in the Santa Catalina, Chiricahua, and Pinaleño 

Mountains. The “proposed action” is to renew the permits when they expire on December 31, 

2008. The renewal period would extend for 20 years, from January 1, 2009 through December 

31, 2028. The proposed action would not authorize new cabins, but rather would allow existing 

cabins to continue. Permit holders would be required to abide by all terms and conditions of their 

individual special-use permits. I am writing to ask you if renewing the permits would affect sites 

of religious or cultural significance to your tribe. 

The enclosed documents and maps provide some background and more information about the 

proposed action. To summarize, the recreation residence permit program was initiated in the 

1920s to encourage city-dwellers to enjoy the recently established national forests by permitting 

them to construct vacation homes on specified plots. Some of the permits on the Coronado were 

issued for vacation homes that had been constructed before the forest was established. The 

program was discontinued in the 1960s, but there are still about 15,000 cabins nationwide, each 

of which is maintained under the terms and conditions of special-use permits issued by the 

managing Forest. 

On the Santa Catalina Ranger District, there are 131 recreational residences located in five tracts 

near the Catalina Highway. Five full-time residences are located on the Coronado National 

Forest south and east of the town of Oracle. On the Douglas Ranger District, there are 30 

recreation residences in the Chiricahua Mountains, located at Cave Creek, Rustler Park, South 

Fork Cave Creek, and West Turkey Creek. On the Safford Ranger District, there are 88 

recreational residences in the Pinaleño Mountains, 74 of them located near the Swift Trail at 

Turkey Flat, and 14 higher up the mountain, at Columbine. 

No changes to the permits are proposed. Current restrictions, such as a prohibition on year-round 

residency and constraints on any remodeling that would change a home’s footprint, would stay in 

place. 

So that I can best consider your concerns in making my decision, I would appreciate your 

comments by April 28, 2006. If you have any questions about the permits or proposal, please 

contact me, or Forest Archaeologist Mary Farrell, at the above address, (520) 388-8391, or email 

mfarrell@fs.fed.us. 

Sincerely, 

JEANINE A. DERBY 

Forest Supervisor 

Enclosures: 

cc: «Chairperson», «Tribe» 
Appendix B. Heritage Resources 

Recipients: 

Ak-Chin Indian Community 

Ft. Sill Apache Tribe 

Gila River Indian Community 

Hopi Cultural Preservation Office 

Mescalero Apache Tribe 

Pascua Yaqui Tribe 

Pueblo of Zuni 

Salt River Pima-Maricopa Indian Community 

San Carlos Apache Tribe 

Tohono O’odham Nation 

White Mountain Apache Tribe 

Yavapai-Apache Nation 

180 DEIS for New Special-Use Permits for Recreation Residences, Safford Ranger District 
 Appendix B. Heritage Resources 

SHPO Concurrence Letter 2006-1640-30130 

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182 DEIS for New Special-Use Permits for Recreation Residences, Safford Ranger District 
 Appendix B. Heritage Resources 

SHPO Concurrence Letter 2006-1640-30677 

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184 DEIS for New Special-Use Permits for Recreation Residences, Safford Ranger District 
C. Endangered Species Act Consultation

DEIS for New Special-Use Permits for Recreation Residences, Safford Ranger District 185 
Copy of Letter Initiating Formal Consultation with FWS, January 17, 2007 

Steve Spangle 

Field Supervisor 

Arizona Ecological Services 

U. S. Fish and Wildlife 

1321 W. Royal Palm Road, Suite 103 

Phoenix, AZ 85021-4951 

Dear Steve: 

I am writing to request formal consultation between the U.S. Forest Service and the U.S. Fish 

and Wildlife Service regarding a project in the Pinaleño Mountains. The proposed action is 

to re-issue the permits for the cabins at Turkey Flat and Old Columbine Summerhome Areas. 

Consultation will involve the effects of this project to Mount Graham red squirrels 

(Tamiasciurus hudsonicus grahamensis), Mexican spotted owls (Strix occidentalis lucida), 

and their critical habitat, and the Apache trout (Oncorhyncus apache). 

The enclosed assessment determined that cabin permit renewals may affect, and are likely to 

adversely affect, the Mount Graham Red Squirrel, will not affect its designated critical 

habitat, may affect, but are not likely to adversely affect the Mexican Spotted Owl, its critical 

habitat, and the Apache Trout. 

If you have any questions concerning this assessment, please contact Anne Casey, Safford 

Ranger District Biologist (928-348-1962), or Tom Skinner, Forest Wildlife Program 

Manager, here in my office (520-388-8371). 

Sincerely, 

JEANINE A. DERBY 

Forest Supervisor 

cc: Safford District Ranger 

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 Appendix C. Endangered Species Act Consultation 

Copy of Letter to U.S. Fish and Wildlife Service -Re: Newly Discovered 

Midden at Turkey Flat 

Subject: Turkey Flat Midden Update 

Re: Summerhome Permit Renewal, Baseline Change 

To: Jim Rorabaugh, Marit Alanen, Toni Strauss, Tim Snow 

Hello, all— 

During tree-marking activities for the Special Use Area Thinning, the Safford Ranger District 

Forester (Lisa Angle) found a new Mount Graham red squirrel midden within the Upper 

Turkey Flat summerhome area. This midden is located along the road into the summerhome 

area (UTM 12 S 610887, 3610668; see attached map). On June 23, 2008, the District 

Biologist (Anne Casey) accompanied Ms. Angle to the area. The summerhome area was then 

swept to search for additional middens, but none were found. In regards to the thinning 

project, a 92-foot buffer will be protected around the midden site; no thinning activities will 

occur within the buffered area. 

Because this squirrel midden represents a change in the baseline for the Summerhome Permit 

Renewal (Consultation # AESO/SE 22410-2007-F-0163), additional information regarding 

the condition of the middens and potential effects from the continued existence of the 

summerhomes is provided below. 

The midden is set at the base and inside an opening in a mature Gambel oak, which is 

approximately 3 feet from this dirt access road. The midden is currently active and fluffy in 

texture; there is fresh sign of feeding, with cone scales, cone cobs, and partially-eaten cones 

in and around the midden site. There is a high amount of sign of Abert’s squirrels in the area 

around the summerhomes themselves. 

The midden site is located approximately 20 m from the nearest cabin, 30 m from Swift Trail 

(Hwy 366), and 1 m from the entrance road. Because it is so near the turn-off point from 

Swift Trail, traffic is likely to be traveling slowly in this location. However, the area will also 

receive both incoming and outgoing traffic. Because this squirrel is likely to forage on both 

sides of the entrance road, there is potential for lethal take due to roadkill. 

Ongoing management for this area will include a yearly monitoring session. This monitoring 

will occur on a weekend when the summerhome area is expected to be busy (i.e., a holiday 

weekend, weekends of large gatherings, etc.). Monitoring will allow Forest Service personnel 

to assess midden activity and whether activities occurring in the area may have harmful 

effects on the midden or squirrel. 

If further information is needed, please contact me at the office (928-348-1962) or by 

cellphone (XXX-XXX-XXXX). 

Sincerely, 

Anne L. Casey 

District Biologist 

DEIS for New Special-Use Permits for Recreation Residences, Safford Ranger District 187 
Appendix C. Endangered Species Act Consultation 

Biological Opinion, U.S. Fish and Wildlife Service 

188 DEIS for New Special-Use Permits for Recreation Residences, Safford Ranger District 
 Appendix C. Endangered Species Act Consultation 

Re: Issue Special-Use Permits for Safford Ranger District Recreation 

Residences 

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200 DEIS for New Special-Use Permits for Recreation Residences, Safford Ranger District 
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204 DEIS for New Special-Use Permits for Recreation Residences, Safford Ranger District 
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DEIS for New Special-Use Permits for Recreation Residences, Safford Ranger District 207 
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208 DEIS for New Special-Use Permits for Recreation Residences, Safford Ranger District 
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DEIS for New Special-Use Permits for Recreation Residences, Safford Ranger District 209 
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210 DEIS for New Special-Use Permits for Recreation Residences, Safford Ranger District 
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DEIS for New Special-Use Permits for Recreation Residences, Safford Ranger District 211 
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212 DEIS for New Special-Use Permits for Recreation Residences, Safford Ranger District 
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DEIS for New Special-Use Permits for Recreation Residences, Safford Ranger District 213 
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214 DEIS for New Special-Use Permits for Recreation Residences, Safford Ranger District 
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DEIS for New Special-Use Permits for Recreation Residences, Safford Ranger District 215 
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216 DEIS for New Special-Use Permits for Recreation Residences, Safford Ranger District 
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DEIS for New Special-Use Permits for Recreation Residences, Safford Ranger District 217 
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218 DEIS for New Special-Use Permits for Recreation Residences, Safford Ranger District 
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DEIS for New Special-Use Permits for Recreation Residences, Safford Ranger District 219 
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220 DEIS for New Special-Use Permits for Recreation Residences, Safford Ranger District 
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DEIS for New Special-Use Permits for Recreation Residences, Safford Ranger District 221 
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222 DEIS for New Special-Use Permits for Recreation Residences, Safford Ranger District 
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DEIS for New Special-Use Permits for Recreation Residences, Safford Ranger District 223 
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224 DEIS for New Special-Use Permits for Recreation Residences, Safford Ranger District 
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DEIS for New Special-Use Permits for Recreation Residences, Safford Ranger District 225