Department of Natural Resources DIVISION OF MINING, LAND & WATER Southcentral Regional Land Office 550 W. 7th Ave., Suite 900C Anchorage, Alaska 99501-3577 Main: (907) 269-8503 Fax: (907) 269-8913 LAND USE PERMIT AS 38.05.850 PERMIT # LAS 32622 Hatcher Pass Mountain Guides, herein known as the Grantee, is issued this permit from the Department of Natural Resources, herein known as the Grantor, authorizing the use of state land within: Legal Description: Sections 13, 14, 23 – 26, 35, 36, Township 20 North, Range 1 West, Seward Meridian Sections 16 – 20, 28 – 33, Township 20 North, Range 1 East, Seward Meridian Sections 1, 2, Township 19 North, Range 1 West, Seward Meridian Sections 3 – 6, Township 19 North, Range 1 East, Seward Meridian This permit is issued for the purpose of authorizing the following: Use of state-owned lands, within Hatcher Pass Management Area which are open to motorized use during winter months, for cross country travel associated with snowcat and heli ski operations when there is sufficient snow cover and frost depth to protect the underlying vegetative mat as determined by the Department, as well as the storage of the associated equipment; one PistenBully Snow Cat and one BR 350 Snow Cat. This permit is for the term beginning December 1, 2019 and ending May 31, 2020 unless sooner terminated at the state’s discretion, effective the date of signature by the Authorized State Representative. This permit does not convey an interest in state land and as such is revocable, with or without cause. The Grantor will give 30 days’ notice before revoking a permit at will. A revocation for cause is effective immediately. No preference right for use or conveyance of the land is granted or implied by this authorization. This permit is issued subject to the following: • Payment of the annual use fee in the amount of $840.00 due on or before the annual anniversary date and any additional fees identified in the stipulations below. • A $4.00 per day visitor day fee for each client present at any time during a calendar day authorized under this permit. Visitor day fees will be due within 30 days after the seasonally authorized term of use or the annual anniversary date of this authorization, whichever is applicable. • Remittance of a performance guaranty in the amount of $20,000.00 as required in the stipulations below. • Proof of insurance as described in stipulations below. ADNR_0421467 Land Use Permit LAS 32622 The non-receipt of a courtesy billing notice does not relieve the Grantee from the responsibility of paying fees on or before the due date. All activities shall be conducted in accordance with the following stipulations: 1. Authorized Officer: The Authorized Officer (AO) for the State of Alaska (State), Department of Natural Resources (DNR), Division of Mining, Land and Water (DMLW), is the Regional Manager or designee. 2. Change of Contact Information: The Grantee shall maintain current contact information with the AO. Any change of contact information must be submitted in writing to the AO. 3. Valid Existing Rights: This authorization is subject to all valid existing rights and reservations in and to the authorized area. The State makes no representations or warranties, whatsoever, either expressed or implied, as to the existence, number, or nature of such valid existing rights. 4. Preference Right: No preference right for subsequent authorizations is granted or implied by this authorization. 5. Inspections: The AO shall have reasonable access to the authorized area for inspection, which may be conducted without prior notice. If the Grantee is found to be in noncompliance the authorized area may be subject to reinspection. The Grantee may be charged for actual expenses of any inspection. 6. Public Access: The construction, operation, use, and maintenance of the authorized area shall not interfere with public use of roads, trails, waters, landing areas, and public access easements. The ability to use or access state land or public waters may not be restricted in any manner. However, if a specific activity poses a safety concern, the AO may allow the restriction of public access for a specific period of time. The Grantee is required to contact the AO in advance for approval. No restriction is allowed unless specifically authorized in writing by the AO. 7. Public Trust Doctrine: The Public Trust Doctrine guarantees public access to, and the public right to use, navigable and public waters and the land beneath them for navigation, commerce, fishing, and other purposes. This authorization is subject to the principles of the Public Trust Doctrine regarding navigable or public waters. The AO reserves the right to grant other interests consistent with the Public Trust Doctrine. 8. Alaska Historic Preservation Act: The Alaska Historic Preservation Act, AS 41.35.200, prohibits the appropriation, excavation, removal, injury, or destruction of any state owned historic, prehistoric, archaeological or paleontological site without written approval from the DNR Commissioner. Should any sites be discovered, the Grantee shall cease any activities that may cause damage and immediately contact the AO and the Office of History and Archaeology in the Division of Parks and Recreation. 9. Compliance with Government Requirements: The Grantee shall, at its expense, comply with all federal, state, and local laws, regulations, and ordinances directly or indirectly ADNR_0421467 Page 2 of 12 LAS 32622 related to this authorization. The Grantee shall ensure compliance by its employees, agents, contractors, subcontractors, licensees, or invitees. 10. Incurred Expenses: The Grantor shall in no way be held liable for expenses incurred by the Grantee connected with the activities directly or indirectly related to this authorization. 11. Waiver of Forbearance: Any failure on the part of the AO to enforce the terms of this authorization, or the waiver of any right under this authorization by the Grantee, unless in writing, shall not discharge or invalidate the authorization of such terms. No forbearance or written waiver affects the right of the AO to enforce any terms in the event of any subsequent violations of terms of this authorization. 12. Severability Clause: If any clause or provision of this authorization is, in a final judicial proceeding, determined illegal, invalid, or unenforceable under present or future laws, then the Grantor and the Grantee agree that the remainder of this authorization will not be affected, and in lieu of each clause or provision of this authorization that is illegal, invalid, or unenforceable, there will be added as a part of this authorization a clause or provision as similar in terms to the illegal, invalid, or unenforceable clause or provision as may be possible, legal, valid, and enforceable. 13. Posting Placard: The placard included with this permit shall be placed on-site in a conspicuous location visible from the most common access route or vantage point. 14. Permit Extensions/Reissuance: Any request for permit extension or reissuance should be submitted at least 90 days prior to the end of the authorized term. A written statement requesting a one-year extension confirming there will be no changes to the development/operations plan, including photographs clearly depicting the current condition of the site and any improvements, must be submitted to the AO with any required filing fee. A new Land Use Permit application and any required filing fee is required when requesting reissuance of up to five years or for modifications to the approved development/operations plan on file with DMLW. 15. Assignment: This permit may not be transferred or assigned. 16. Reservation of Rights: a. The AO reserves the right to grant additional authorizations to third parties for compatible uses on or adjacent to the land under this authorization. b. Authorized concurrent users of state land, their agents, employees, contractors, subcontractors, and licensees, shall not interfere with the operation or maintenance activities of each user. c. The AO may require authorized concurrent users of state land to enter into an equitable operation or maintenance agreement. 17. Violations: A violation of this authorization is subject to any action available to the State for enforcement and remedies, including revocation of the permit, civil action for forcible entry and detainer, ejectment, trespass, damages, and associated costs, or arrest and prosecution for criminal trespass in the second degree. The State may seek damages available under a civil action, including restoration damages, compensatory damages, and treble damages under AS 09.45.730 or AS 09.45.735 for violations involving injuring or removing trees or shrubs, gathering geotechnical data, or taking mineral resources. ADNR_0421467 Page 3 of 12 LAS 32622 18. Directives: Directives may be issued for corrective actions that are required to correct a deviation from design criteria, project specifications, stipulations, State statutes or regulations. Work at the area subject to the Directive may continue while implementing the corrective action. Corrective action may include halting or avoiding specific conduct, implementing alternative measures, repairing any damage to state resources that may have resulted from the conduct, or other action as determined by DNR. 19. Stop Work Orders: Stop Work Orders may be issued if there is a deviation from design criteria, project specifications, stipulations, State statutes or regulations and that deviation is causing or is likely to cause significant damage to state resources. Under a Stop Work Order, work at the area subject to the Stop Work Order may not resume until the deviation is cured and corrective action is taken. Corrective action may include halting or avoiding specific conduct, implementing alternative measures, repairing any damage to state resources that may have resulted from the conduct, or other action as determined by DNR. 20. Notification of Discharge: The Grantee shall immediately notify the Department of Environmental Conservation (DEC) and AO of any unauthorized discharge of oil to water, any discharge of hazardous substances (other than oil), and any discharge of oil greater than 55 gallons on land. All fires and explosions must also be reported immediately. If a discharge, including a cumulative discharge, of oil is greater than 10 gallons but less than 55 gallons, or a discharge of oil greater than 55 gallons is made to an impermeable secondary containment area, the Grantee shall report the discharge within 48 hours. Any discharge of oil greater than one gallon up to 10 gallons, including a cumulative discharge, solely to land, must be reported in writing on a monthly basis. Notification of discharge during normal business hours must be made to the nearest DEC Area Response Team: Anchorage (907) 269-7500, fax (907) 269-7687; Fairbanks (907) 451-2121, fax (907) 451-2362; Juneau (907) 465-5340, fax (907) 465-5245. For discharges in state off shore waters call (907) 269-0667. The DEC oil spill report number outside normal business hours is (800) 478-9300. Notification of discharge must be made to the appropriate DNR Office, preferably by email: Anchorage email dnr.scro.spill@alaska.gov, (907) 269-8503; Fairbanks email dnr.nro.spill@alaska.gov, (907) 451-2739; Juneau email sero@alaska.gov, (907) 465-3400. The Grantee shall supply the AO with all incident reports submitted to DEC. 21. Batteries: Batteries which contain hazardous liquids should be completely sealed valve regulated, spill-proof, leak-proof and mounted in an appropriate container. Batteries lacking the preceding properties must have an appropriate drip pan designed to hold 110% of the total liquids held by the battery/batteries. Batteries, new or used, may not be stored or warehoused. Any battery/batteries that are not in use must be removed and disposed of in accordance with existing federal, state and local laws, regulations and ordinances. All hazardous material containers shall be marked with the Grantee's or contractor's name, dated, and transported in accordance with 49 CRF 172 (EPA Hazardous Material Regulations) and 18 AAC 62. 22. Returned Check Penalty: A returned check penalty of $50.00 will be charged for any check on which the bank refuses payment. Late payment penalties shall continue to accrue. ADNR_0421467 Page 4 of 12 LAS 32622 23. Late Payment Penalty Charges: The Grantee shall pay a fee of $50.00 for any late payment. 24. Use Fees: The Grantee shall pay to DMLW an annual use fee of $840.00. The use fee is due on or before the annual anniversary of the effective date of this permit without the necessity of any billing by DMLW. The annual use fee is subject to adjustments in any relevant fee schedule. 25. Visitor Day Fees: This permit is subject to a $4.00/day visitor day fee for each client present at any time during a calendar day authorized under this permit. Visitor day fees are due within 30 days after the seasonally authorized term of use or the annual anniversary date of this authorization, whichever is applicable. This fee is subject to adjustment periodically pursuant to changes in any relevant fee schedule. Definition of visitor day (11 AAC 96.250(18)): all or any part of a calendar day which a commercial recreation client is present, with each client representing a separate visitor day if multiple clients are present at any time during a calendar day. 26. Request for Information: The AO, at any time, may require the Grantee to provide any information directly or indirectly related to this authorization, in a manner prescribed by the AO. 27. Annual Report: An annual report shall be submitted within 30 days after the seasonally authorized term of use or the annual anniversary date of the authorization, whichever is applicable. The report shall contain the following information: a. A series of before, during, and after use aerial view or ground-level view photographs confirming compliance with site development and restoration guidelines; b. actual routes of all travel and the location of permit activities in a GPS track log file; c. a written report disclosing: i. a list of vehicles used for all off-road travel that took place; ii. the date that permitted activities were established and commenced; iii. the date that permitted activities concluded; iv. the number of clients accommodated at the site; v. the number of days a client was served; vi. a statement that the Grantee has removed all equipment from the authorized area; vii. a statement of restoration activities and methods of debris disposal; viii. a report covering any known incidents of damage to the vegetative mat and underlying substrate, and follow-up corrective actions that may have taken place while operating under this authorization ix. and, the dates of any hydrocarbon or hazardous substance spills, and the dates such spills were reported to DNR and DEC. 28. Completion Report: A completion report shall be submitted prior to relinquishment, or within 30 days after expiration or termination of the authorization. Failure to submit a satisfactory report subjects the site to a field inspection requirement for with the Grantee may be assessed an inspection fee, as outlined herein. The report shall contain the following information: a. A series of before, during, and after use aerial view or ground-level view photographs confirming compliance with site development and restoration guidelines; b. actual routes of all travel and the location of permit activities in a GPS track log file; c. a written report disclosing: ADNR_0421467 Page 5 of 12 LAS 32622 i. ii. iii. iv. a list of vehicles used for all off-road travel that took place; a statement that the Grantee has removed all equipment from the authorized area; a statement of restoration activities and methods of debris disposal; a report covering any known incidents of damage to the vegetative mat and underlying substrate, and follow-up corrective actions that may have taken place while operating under this authorization v. and, the dates of any hydrocarbon or hazardous substance spills, and the dates such spills were reported to DNR and DEC. 29. Site Disturbance: Site disturbance shall be kept to a minimum to protect local habitats. All activities at the site shall be conducted in a manner that will minimize the disturbance of soil and vegetation and changes in the character of natural drainage systems. a. Brush clearing is allowed but should be kept to the minimum necessary. Removal or destruction of the vegetative mat is not authorized under this permit. b. Establishment of, or improvements to, landing areas (i.e. leveling the ground or removing or modifying a substantial amount of vegetation) is prohibited. c. Attention must be paid to prevent pollution and siltation of streams, lakes, ponds, wetlands, and disturbances to fish and wildlife habitat. d. Any ground disturbances which may have occurred shall be contoured to blend with the natural topography to protect human and wildlife health and safety. 30. Site Restoration: On or before permit expiration (if a reissuance application has not been submitted) or termination of this authorization by the Grantee, the Grantee shall remove all improvements, personal property, and other chattels, and return the permitted area to a clean and safe condition. In the event the Grantee fails to comply with this requirement, the Grantee shall be held liable for any and all costs incurred by the State to return the permitted area to a clean and safe condition. 31. Seasonal Site Restoration: On or before the expiration of each seasonally authorized term of occupancy and use, the Grantee shall remove all improvements, personal property, and other chattels, and return the permitted area to a clean and safe condition. In the event the Grantee fails to comply with this requirement, the State, at its discretion, may remove and dispose of improvements and restore the site at the expense of the Grantee. 32. Ground Disturbance Restoration: The Grantee shall immediately restore areas where soil has been disturbed, or the vegetative mat has been damaged or destroyed. Restoration shall be accomplished in accordance with the directives of the DNR Plant Materials Center, 5310 S. Bodenburg Road, Palmer, AK 99645, (907) 745-4469. All rehabilitation shall be completed to the satisfaction of DNR or the applicable land manager. 33. Indemnification: The Grantee assumes all responsibility, risk and liability for its activities and those of its employees, agents, contractors, subcontractors, licensees, or invitees, directly or indirectly related to this permit, including environmental and hazardous substance risk and liability, whether accruing during or after the term of this permit. The Grantee shall defend, indemnify, and hold harmless the State, its agents and employees, from and against any and all suits, claims, actions, losses, costs, penalties, and damages of whatever kind or nature, including all attorney's fees and litigation costs, arising out of , in connection with, or incident to any act or omission by the Grantee, its employees, agents, contractors, subcontractors, licensees, or invitees, unless the proximate cause of the injury or damage is the sole negligence or willful misconduct of the State or a person acting on the ADNR_0421467 Page 6 of 12 LAS 32622 State's behalf. Within 15 days, the Grantee shall accept any such cause, action or proceeding upon tender by the State. This indemnification shall survive the termination of the permit. 34. Insurance: Pursuant to 11 AAC 96.065 the Grantee shall secure or purchase at its own expense, and maintain in force at all times during the term of this permit, liability coverage and limits consistent with what is professionally recommended as adequate to protect the Grantee (the insured) and Grantor (the State, its officers, agents and employees) from the liability exposures of ALL the insured's operations on state land. Certificates of Insurance must be furnished to the AO prior to the issuance of this permit and must provide for a notice of cancellation, non-renewal, or material change of conditions in accordance with policy provisions. The Grantee must provide for a 60-day prior notice to the State before they cancel, not renew or make material changes to conditions to the policy. Failure to furnish satisfactory evidence of insurance, or lapse of the policy, are material breaches of this permit and shall be grounds, at the option of the State, for termination of the permit. All insurance policies shall comply with, and be issued by, insurers licensed to transact the business of insurance under Alaska Statute, Title 21. The policy shall be written on an "occurrence" form and shall not be written as a "claims-made" form unless specifically reviewed and agreed to by the Division of Risk Management, Department of Administration. The State must be named as an additional named insured on the policy with respect to the operations of the Grantee on or in conjunction with the permitted premises, referred to as LAS 32622. 35. Performance Guaranty: Pursuant to 11 AAC 96.060, the Grantee shall provide a surety bond or other form of security acceptable to the DMLW in the amount of $20,000.00 payable to the State of Alaska. Such performance guaranty shall remain in effect for the term of this authorization and shall secure performance of the Grantee's obligations hereunder. The amount of the performance guaranty may be adjusted by the AO in the event of approved amendments to this authorization, changes in the development plan, or any change in the activities or operations conducted on the premises. The guaranty may be utilized by the State to cover actual costs incurred by the State to pay for any necessary corrective actions in the event the Grantee does not comply with the site utilization, restoration requirements and other stipulations contained in this permit agreement. If the Grantee fails to perform the obligations under this permit within a reasonable timeframe, the State may perform the Grantee's obligations at the Grantee's expense. The Grantee agrees to pay within 20 days following demand, all costs and expenses incurred by the State as a result of the failure of the Grantee to comply with the terms and conditions of this permit. Failure to do so may result in the termination of an authorization and/or forfeiture of the performance guaranty. The provisions of this permit shall not prejudice the State's right to obtain a remedy under any law or regulation. If the AO determines that the Grantee has satisfied the terms and conditions of this authorization, the performance guaranty will be subject to release. The performance guaranty may only be released in writing by the AO. 36. Fuel and Hazardous Substances Storage: No fuel or hazardous substances may be stored on state land. 37. Fuel and Hazardous Substances: a. The use of hazardous substances by the Grantee must be done in accordance with existing federal, state and local laws, regulations and ordinances. Debris (such as soil) contaminated with used motor oil, solvents, or other chemicals may be ADNR_0421467 Page 7 of 12 LAS 32622 b. c. d. e. classified as a hazardous substance and must be removed and disposed of in accordance with existing federal, state and local laws, regulations and ordinances. Drip pans and materials, such as sorbent pads, must be on hand to contain and clean up spills from any transfer or handling of fuel. Vehicle refueling shall not occur within the annual floodplain or tidelands. This restriction does not apply to water-borne vessels provided no more than 30 gallons of fuel are transferred at any given time. During equipment maintenance operations, the site shall be protected from leaking or dripping hazardous substances or fuel. The Grantee shall place drip pans or other surface liners designed to catch and hold fluids under the equipment or develop a maintenance area by using an impermeable liner or other suitable containment mechanism. Definitions. i. Hazardous substances are defined under AS 46.03.826(5) as (a) an element or compound which, when it enters the atmosphere, water, or land, presents an imminent and substantial danger to the public health or welfare, including fish, animals, or vegetation; (b) oil; or (c) a substance defined as a hazardous substance under 42 U.S.C. 9601(14). ii. Surface liner means any safe, non-permeable container (e.g., drips pans, fold-a-tanks, etc.) designed to catch and hold fluids for the purpose of preventing spills. Surface liners should be of adequate size and volume based on worst-case spill risk. 38. Waste Disposal: On-site refuse disposal is prohibited. All waste generated during operation, maintenance, and termination activities under this authorization shall be removed and disposed of at an off-site DEC approved disposal facility. Waste, in this paragraph, means all discarded matter, including but not limited to human waste, trash, garbage, refuse, oil drums, petroleum products, ashes and discarded equipment. 39. Wastewater Disposal: No pit privies are authorized. 40. Solid Waste: All solid waste and debris, including dog waste, generated from the activities conducted under this authorization shall be removed to a facility approved by DEC on a regular basis such that the premise be maintained to ensure a healthy and safe environment. 41. Destruction of Markers: The Grantee shall protect all survey monuments, witness corners, reference monuments, mining claim posts, bearing trees, and unsurveyed corner posts against damage, destruction, or obliteration. The Grantee shall notify the AO of any damaged, destroyed, or obliterated markers and shall reestablish the markers at the Grantee’s expense in accordance with accepted survey practices of the DMLW. 42. Site Maintenance: The authorized area shall be maintained in a neat, clean, and safe condition, free of any solid waste, debris, or litter. 43. Maintenance of Improvements: The Grantor is not responsible for maintenance of authorized improvements or liable for injuries or damages related to those improvements. No action or inaction of the Grantor is to be construed as assumption of responsibility. 44. Amendment or Modification: The Grantee may request an amendment or modification of this authorization; the Grantee’s request must be in writing. Any amendment or ADNR_0421467 Page 8 of 12 LAS 32622 modification must be approved by the AO in advance and may require additional fees and changes to the terms of this authorization. 45. Development Plan: Development shall be limited to the authorized area and improvements specified in the approved development plan or subsequent modifications approved by the AO. The Grantee is responsible for accurately siting development and operations within the authorized area. Any proposed revisions to the development plan must be approved in writing by the AO before the change in use or development occurs. 46. Proper Location: This authorization is for activities on state lands or interests managed by DMLW. It does not authorize any activities on private, federal, native, and municipal lands, or lands which are owned or solely managed by other offices and agencies of the State. The Grantee is responsible for proper location within the authorized area. 47. General Operation of Vehicles: Existing roads and trails shall be used wherever possible. Vehicles shall be operated without disturbing the vegetative mat and underlying substrate. Crossing waterway courses will be made using an existing low angle approach in order not to disrupt the naturally occurring stream or lake banks. There shall be no bank modification. 48. Winter Cross-Country Travel: a. Adequate Coverage i. To prevent damage to the vegetative mat and underlying substrate, winter cross country travel may begin only after DNR Division of Parks and Outdoor Recreation determines that there is sufficient snow coverage and frost depth to open the travel corridors. ii. It is the responsibility of the Grantee to measure the snow and ice thickness to ensure that it is adequate for safe crossing. iii. Ice roads and ice pads may be constructed in the work areas if they are thick enough to prevent damage to the vegetative mat and underlying substrate. No other ice roads are authorized under this permit. b. Ice and/or Snow Bridges and Ramps i. This permit only authorizes the establishment and use of snow and/or ice bridges. The establishment of any other type of bridge is not authorized under this permit. ii. Ice and/or snow bridges and approach ramps must be of sufficient strength to adequately support the weight of vehicles crossing them. iii. Ice and/or snow bridges and approach ramps constructed at stream, river or slough crossings shall not contain extraneous material (i.e., soil, rock, brush, or vegetation) and shall be removed immediately after use or prior to breakup. iv. Snow ramps, snow bridges or approved cribbing may be used as appropriate to provide access across streams to preclude cutting, erosion or degradation to stream banks. v. Snow ramps or other mitigating measures will be used and/or constructed to prevent ice or snow bridges from being an unsafe obstacle to snowmachiners or others using the riverway for travel. c. Vehicle maintenance, campsites, and storage or stockpiling of material on the surface ice of lakes, ponds, or rivers is prohibited. d. Filling low spots and smoothing with snow and ice is allowed. ADNR_0421467 Page 9 of 12 LAS 32622 e. To avoid additional freeze down of deep water pools that harbor overwintering fish, watercourses shall be crossed at shallow riffle areas from point bar to point bar. f. River ice shall be slotted to facilitate water flow during breakup. g. Compaction or removal of the insulating snow cover from the deep-water pool areas of rivers is prohibited. h. The route shall be dragged after equipment passage to smooth the trail surface for other users and to remove any cleat or tread marks in the compacted snow surface. 49. Cross-Country Travel: a. Trash, survey lathe, roadway markers, and other debris that has accumulated along the ice roads or cross-country routes shall be picked up and properly disposed of prior to freeze-up the following winter. b. Blading or removal of the vegetative mat is prohibited except as approved by the AO. c. Potentially hazardous berms created along the authorized travel route must be clearly marked or fenced with materials that do not blend in with the surrounding environment. Such berms shall be removed upon completion of the project. d. Movement of equipment through willow (Salix) stands shall be avoided where possible. e. Stream banks shall not be altered to facilitate crossing or be disturbed in any way. If stream banks are inadvertently disturbed, they shall be immediately stabilized to prevent erosion and any resultant sedimentation into fish streams which may occur during or after construction. Stabilization shall include re-vegetation to be accomplished during the growing season in accordance with the directives of the DNR Plant Materials Center, 5310 S. Bodenburg Road, Palmer, AK 99645, (907) 745-4469. f. Immediately following the cessation of cross country travel, the Grantee shall restore areas where soil has been disturbed, or the vegetative mat has been damaged or destroyed. Restoration shall be accomplished in accordance with the directives of the DNR Plant Materials Center, 5310 S. Bodenburg Road, Palmer, AK 99645, (907) 745-4469. All rehabilitation shall be completed to the satisfaction of DNR or the applicable land manager. g. Incidents of damage to the vegetative mat and follow-up corrective actions that have occurred while operating under this authorization shall be reported to the AO within 72 hours of occurrence. 50. Cross-Country Travel Notification: The Grantee will notify the Southcentral Regional Land Office in writing at least seven days PRIOR to commencing cross-country travel operations for the operating season. 51. Forest Resources: Grantee may use dead and down timber but shall not cut standing timber unless authorized by the Division of Forestry. Clearing of vegetation shall be kept to the minimum necessary to accomplish the permitted activity and shall only occur within the authorized area. 52. Food Storage: Food and refuse will be stored in bear-proof containers. 53. Caching: a. Caching of any equipment, materials, or supplies after the dates of authorized use is specifically prohibited. ADNR_0421467 Page 10 of 12 LAS 32622 b. All items must be secured above seasonal flood areas and must be at least 100 feet from the ordinary high-water mark of any waterbody or the mean high tide line. c. Equipment must be consolidated in one area, stored in a manner requiring minimal space, and securely covered. The material used to cover the items should visually blend in with the natural surroundings. 54. Fire Prevention, Protection and Liability: The Grantee shall take all reasonable precautions to prevent and suppress forest, structure, brush and grass fires, and shall assume full liability for any damage to state land and structures resulting from the negligent use of fire. The State is not liable for damage to the Grantee’s personal property and is not responsible for forest fire protection of the Grantee’s activity. To report a wildfire, call 911 or 1-800-237-3633. 55. Openings and Closings of Travel Corridor: The Grantee shall adhere to all openings and closings of the travel corridors, as administered by DNR Division of Parks and Outdoor Recreation. 56. Accidents and Incidents: The Grantee will notify SCRO immediately (within 24 hours) of any accidents, injuries, or operational problems associated with the operations authorized under this permit, including but not limited to aircraft incidents, conflicts with other operators or the general public, skier triggered avalanche incidents, lost or overdue skiers, or fatalities. Department of Transportation and Public Facilities Advisory: The road and parking lot are not to be altered or damaged in any way. Department of Fish & Game Advisory: Helicopter activity should maintain a distance of 1500 meters from observed sheep, operators should visually evaluate slopes for signs of bear and wolverine activity; and skiing and snowcat activities should maintain a 400 meter distance from observed bear or wolverine activity. The Authorized Officer reserves the right to modify these stipulations or use additional stipulations as deemed necessary. The Grantee will be advised before any such modifications or additions are finalized. DNR has the authority to implement and enforce these conditions under AS 38.05.850. Any correspondence on this authorization may be directed to the Department of Natural Resources, Division of Mining, Land and Water, Southcentral Regional Land Office, 550 W. 7th Ave., Suite 900C, Anchorage, AK 99501-3577, (907) 269-8503. I have read and understand all of the foregoing and attached stipulations. By signing this authorization, I agree to conduct the authorized activity in accordance with the terms and conditions of this authorization. ADNR_0421467 Page 11 of 12 LAS 32622 ___________________________________________________________________________ Signature of Grantee or Authorized Representative Title Date ___________________________________________________________________________ Grantee’s Address City State Zip ____________________________________________________________________________ Contact Person Home Phone Work Phone ____________________________________________________________________________ Signature of Authorized State Representative Title Date ADNR_0421467 Page 12 of 12