FOREST SERVICE HANDBOOK CHIPPEWA NF (REGION 9) CASS LAKE, MN

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2709.11

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FOREST SERVICE HANDBOOK

CHIPPEWA NF (REGION 9)

CASS LAKE, MN

FSH 2709.11 – SPECIAL USES

CHAPTER 40

– SPECIAL USES ADMINISTRATION

Supplement No.: R9 Chippewa 2709.11-2003-2

Effective Date: September 23, 2003

Duration: This supplement is effective until superseded or removed.

Approved: NORMAN L. WAGONER

Forest Supervisor

Date Approved: 09/08/2003

Posting Instructions: Supplements are numbered consecutively by Handbook number and calendar year. Post by document; remove the entire document and replace it with this supplement. Retain this transmittal as the first page(s) of this document. The last supplement to this Handbook was 2709.11-2003-1, a zero (0) supplement.

New Document

Superseded Document(s)

(Supplement Number and

R9 Chippewa 2709.11-2003-2

R9 Chippewa 2709.11-98-1, dtd 8-98

14 Pages

14 Pages

Effective Date)

Digest: In order by code, summarize the main additions, revisions, or removal of direction incorporated in this supplement.

40 – Re-issues CNF Supplement 98-1 in MS Word format without any change in content.

Direction has not changed; some minor typographical and technical errors were corrected.

* This policy was developed from current law, regulations, and relevant policy. Input was requested and obtained from recreation residence permittees and various public agencies in drafting the previous supplement. The original policy for the Recreation Residence Standards was written in 1976 and revised in 1990 and 1997. The 1997 standards were updated in 1998 to reflect changes in State and Countywide ordinances, Federal laws, and to allow Living Trusts. The standards were also updated to clarify terms at permit holder request and allow for technology changes in construction materials. The Recreation

Residence Standards are continued from April 1997 as required in the Land and Resource Management

Plan – Forest-wide Standard and Guidelines, 2700 Land Uses Management.

R9 CHIPPEWA SUPPLEMENT 2003-2

EFFECTIVE DATE: September 23, 2003

DURATION: Effective until superseded or removed

FSH 2709.11 – SPECIAL USES

CHAPTER 40 – SPECIAL USES ADMINISTRATION

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41.23 – Recreation Residence Use.

Background:

The original policy was written in 1976 and revised in 1990. Since then, many facets of recreation residence use have changed. These clarifications are represented herein.

The National Forests are public property and are managed for “the greatest good to the greatest number in the long run.”

The regulations and conditions governing ownership, maintenance, improvements, and use of recreations residences and occupancy of the sites are established to safeguard the interests of the general public in the National Forests, to protect other forest resources, and to provide a recreations residence experience for permittees in a forest environment.

Our objective is to provide non-urbanized outdoor recreation opportunities in natural appearing forest settings that harmonizes with and complements the natural environment.

A Special Use Permit is a permissive or leasehold instrument, which allows permittees to place structures and conduct specific kinds of activities on National Forest lands, provided such structures and activities meet, or exceed, specified minimum standards. Transfer of a permit to another party is not a right of the permittee, and the grantor may from time to time change the conditions of the permit. Permittees will be given adequate opportunity to respond to changes and conditions in the permit.

Limited Use:

The Occupancy Act of March 14, 1915, stated the use of National Forest land for recreational residences was appropriate, but permanent occupancy of National Forest land is only authorized in very unusual circumstances. As a recreation facility, it is a vacation home and may not be used to the exclusion of a home elsewhere. Yearlong occupancy as a permanent residence will not be permitted. The reasons for prohibiting use of a recreation residence as a permittee’s principle residence is because of conflicts with purposes, for which these tracts were originally established – to minimize environmental impacts and to maintain the recreational setting.

Some of the facts which indicate the use as a full-time residence to the exclusion of a home elsewhere are: driver license address, voter registration location, mailing address, property tax receipts, school district where children attend, and homestead tax credit allowance.

A recreation residence is a privately built and owned structure authorized on National Forest land under a Special Use Permit. It is maintained for the private use and enjoyment of an individual and his/her immediate family. While entertainment of guests is certainly not discouraged, additional development for the purpose of accommodating guests is not appropriate.

R9 CHIPPEWA SUPPLEMENT 2003-2

EFFECTIVE DATE: September 23, 2003

DURATION: Effective until superseded or removed

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This use must be exercised at least 15 days per year.

Recreation residences are located on lots (a lot is defined as the permit area) in tracts or groups that were specifically laid out for this purpose. Only one residence will be permitted on each lot.

Extra Quarters:

Where extra quarters (guest residences) exist, use by the present permittee will be authorized on an extra charge basis, so long as the extra structure is sound, not aesthetically undesirable, and is used for sleeping space only. No kitchen facilities, which would permit use of the structure as a second dwelling, will be allowed.

Additions to residences or other structures, or construction of new structures will be permitted only upon removal of existing extra quarters buildings, or their conversion to non-residence use where appropriate. Current square footage development limitations will also serve as a guide in the approval of any additional development.

Upon change in ownership by sale or inheritance, extra quarters buildings will be removed or converted to acceptable nonresidential use, provided the total square footage does not exceed the maximum storage square footage limitation guidelines.

Caretakers:

Presently, we have no caretaker authorizations on the Forest. There is a ready source of caretaker/security services in the vicinity and, therefore, no demonstrated need for authorizing caretakers in any of the tracts at this time.

Public Use Strip:

The privilege of occupancy is granted by special use permit, which authorizes construction of a recreation residence and limited appurtenant structures within the lot boundaries. The area between the lot boundary and shoreline is excluded from the permit, and is open to use by the general public. Exclusive use of certain privileges within this area may be permitted, where warranted, for such improvements as a trail, steps or stairs necessary to prevent soil erosion, small, well-secured motor lockers for lots with high, steep banks, placement of removable boat docks (either floatable or stationary types are acceptable), boat lifts, benches, and pump houses.

Beaching of not more than three watercraft may be permitted, if public use of the beach is not impaired.

R9 CHIPPEWA SUPPLEMENT 2003-2

EFFECTIVE DATE: September 23, 2003

DURATION: Effective until superseded or removed

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Authorizing Improvements:

Authorized permittee structures or improvements, both on and off the permit areas, shall be described on the face of the permit and located as shown on the map attached to, and made part of, the permit. The District Ranger must approve any reconstruction or new construction in advance, in writing. Permittees will be required to remove any unauthorized improvements or structures, and do such site restoration as may be necessary. The color of all improvements must blend with the surrounding area.

Commercial Services/Subletting:

The premises may not be used for commercial purposes. However, occasional rental of a recreation residence by the permittee may be permitted upon prior written approval of the

District Ranger. Such occasional rental of recreation residences must be purely incidental to the personal use of the residence by the permittee. Use of the residence by guests for short periods is permissible and does not require prior approval.

Ownership and Taxation:

Special Use Permits are issued only to single individuals or to a legally married couple. Living trusts are allowed with District Ranger approval. “An individual must be named” as the trust representative and holder of the term permit. This individual would agree to act in behalf of the trust and to be responsible for the conditions imposed on the trust under the term permit provisions. This can be a person specifically named in the trust as having the responsibility of the recreation residence.

Privately owned improvements are taxed by local governmental units. The taxation authority is vested in the County, over which the Forest Service has no control.

Permit Terms and Conditions, Transfers of Ownership:

The special use permit authorizes the use of the lot for the purposes stated. The permit is granted subsequent to approval of the written application and becomes effective upon payment of the Bill for Collection.

Most permits issued to date to authorize recreation residence use have been 20-year term permits. Term permits ensure stability of tenure for the permittee and, by their conditions, create an obligation against the Government by requiring payment for improvements where the permit is terminated in the public interest prior to the expiration date. Issuance of term permits requires a determination that the land occupied will not be needed for public purposes for the period of the term permit. The decision has been made in the Forest Plan that 20-year term permits will be issued. Most now have a common expiration date of December 31, 2008.

R9 CHIPPEWA SUPPLEMENT 2003-2

EFFECTIVE DATE: September 23, 2003

DURATION: Effective until superseded or removed

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For administrative purposes, all permits within a tract will normally carry a common termination date. The permitted period for reissued permits will conform to the time remaining for existing permits with a tract.

Following are examples of the documentation needed for some of the common ways cabins and permits change ownerships:

Type of Transfer

Permitee sells facilities A.

Documentation

Both parties complete form FS-2700-3a, Request for Termination and Application for Special Use

Permit

B. New owner must provide proof of ownership – Bill of sale

C. Copy of sewage system inspection

D. New permit issued

Same as above (A, B, C, & D)

(Bill of Sale could be for $1.00)

Permittee gives facilities to children and want to change name on permit

Death of Permittee – New

Permit to Heirs

A. Copy of Death Certificate

B. Copy of Will or Probate action to identify who are the Heirs

C. Copy of sewage system inspection

D. New permit issued

A. Copy of Death Certificate Death of Permittee and Legal

Heir wants to sell

B. Copy of Will or Probate action

C. Heir and Buyer complete form FS-2700-3a,

Request for Termination and application for Special

Use Permit

D. Copy of sewage system inspection

E. New permit issued

Any time a new permit is issued as a result of a sale, gift, or death of the permittee, it is necessary for the USDA Forest Service to have documented proof of any unbroken chain of ownership, in the form of a Bill of Sale, Contract for Purchase, Death Certificate, Probate

Records or Will. This is necessary to insure that the rightful owner is granted the permit.

If sale of improvements is contemplated, the permittee should notify the District Ranger of his/her intention to sell and furnish him/her with the name and address of the prospective buyer.

R9 CHIPPEWA SUPPLEMENT 2003-2

EFFECTIVE DATE: September 23, 2003

DURATION: Effective until superseded or removed

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It is strongly encouraged that the seller and buyer meet with the District Ranger (or his/her representative) prior to the sale to discuss the terms of the permit and this policy. He/she should make certain that the buyer is aware that a new permit is required upon the transfer of ownership of improvements on a recreation residence lot. The permittee will be furnished a Relinquishment and Application form, which will be executed by him/her and by the new owners as the applicant; the form shall be returned to the District Ranger, together with documentary proof of ownership by the applicant. A new permit may then be issued to the new owner, subject to any special conditions found to be necessary at the time. Since permit conditions are subject to change at the time of issuance of a new permit, the prospective purchaser and District Ranger must discuss the permit before it is issued. This is to obtain a common understanding of conditions that will be made a part of the new permit. Permits will only be issued in one name, a husband and wife, or living trusts. In addition to such permit fees as may be due; a fifty-dollar

($50.00) transfer fee will be charged for the issuance of a new permit. The transfer fee may be waived in transfers from spouse to spouse that has been caused by the death of the holder, or to son or daughter in the event both parents have died.

Revocation:

A permittee who does not meet the conditions of the permit in a responsible manner is in violation of the law or Secretary of Agriculture’s Regulations, and risks revocation of the permit.

In all cases of revocation, the permittee is entitled to adequate notice and the reasons for the action. If a breach is involved, he will be given an opportunity to correct the breach before the revocation becomes final. Usually not more than ninety (90) days will be granted to cure the identified breach. Prior to final action to revoke a permit, a permittee will be given the opportunity to show cause why a permit should not be revoked.

Development Limitation Guidelines:

For the purpose of maintaining a forest setting and preventing over development of each lot, the following development guidelines are established for total square footage development.

Development beyond this limit leads to an urban setting foreign to the desired Forest environment. If a new cabin must be built to replace the previous structure for whatever reason, it must follow these guidelines.

Residence – 900 square feet. Includes all living space within the structure and screen porches.

Storage – 400 square feet. Includes garages, storage buildings, boathouses, motor lockers, fish houses, woodsheds, etc.

Basements – Basements are allowed and will not be considered as either living or storage space at the time of the proposed expansion of the facilities, as long as it is not a walkout, does not extend two feet or more above ground line, or does not extend beyond the walls of the main structure.

R9 CHIPPEWA SUPPLEMENT 2003-2

EFFECTIVE DATE: September 23, 2003

DURATION: Effective until superseded or removed

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Decks – Uncovered decks and patios will be limited to 200 square feet and must be constructed adjacent to the dwelling, no higher than four (4) feet above the finished grade, and constructed of wood. It should be in scale with other structures on the site.

Toilet buildings and pump houses are not included in the development limitation guideline for square footage.

In most cases, lot improvements will only be approved for a recreation residence, plus one garage or storage building per lot, of similar construction and architecture. Some lots may not have the topography, screening, etc. to allow development up to the guideline limit.

Construction or Alteration Plans:

The permittee must consult with the District Ranger prior to making any changes in the layout or a recreation permit area, construction of new improvements and facilities, or reconstructing existing improvements and facilities on the permit area in order to reach a full understanding on procedures. And, at this time, the permittee should prepare the standard package for modifications. Detailed and legible plans will be submitted to the District Ranger.

1 – Permit Area Layout Plan – This shall show the location of all planned and existing improvements; to include buildings, roads, trails, wells, sanitation facilities, etc. These features shall be shown in their relation to the permit boundaries and the shoreline. These plans should normally be drawn to a scale of one-inch equals thirty (30) feet. No structure, unless approved and identified on the permit, will be permitted in the area between the lot line and the shoreline.

Copies of the permit area plan or tract will be furnished to the permittee upon request. If a new cabin or other structure is built, they must comply with county setback regulations.

2 – Architectural Plans – These will consist of the standard specification sheet and plan drawings. Specification sheets may be obtained from the District Ranger. The drawings or plans will be good legible drawings of adequate scale to permit easy reading and interpretation. They will include design and type of materials to be used. This will include floor plans, front and side elevations, and construction detail for foundation, sills, size and spacing of floor joists, framing, roof pitch, size and spacing of rafters, electrical wiring, flue construction, and finished grades.

When changes are made to the use of a residence (i.e., adding bedrooms, bathrooms, etc.), an inspection will be made by a licensed inspector to determine if the existing wastewater treatments system is adequate to treat additional wastes that may be a result of increased living space and a copy will be provided to the District Ranger.

Simplicity, good proportions, and an appearance of harmony with the Forest setting are desired in the completed structure. Structures should not be obvious when viewed from offshore.

Ornate, elaborate, pretentious or showy structures, or parts thereof, will not be approved. Welldesigned, non-controversial projects will normally be approved in less than one month.

R9 CHIPPEWA SUPPLEMENT 2003-2

EFFECTIVE DATE: September 23, 2003

DURATION: Effective until superseded or removed

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Design and Construction Standards:

An acceptable standard of construction (uniform building code) will be required using good materials structurally designed to withstand snow loads of 40 PSF. Footings are required under all foundation walls for proper distribution of dead and live loads. Footings may consist of either reinforced concrete or acceptably rated wood. Foundation walls shall be built of masonry on poured concrete or treated wood, and extend a minimum of 3 inches above finished grade.

The space between the finished grade and the ground floor level is to be enclosed by a properly vented foundation wall or skirting, unless the architecture lends itself to open foundations. The ground floor level shall be so established that wood construction and siding will be a minimum of 3 inches above finished grade. A clearance of not less than 18 inches shall be provided between the bottom of floor joists and the ground level beneath them. Where this clearance results in an interior ground level below outside finished grade, adequate precautionary measures shall be taken to insure positive drainage at all times.

Design – Building design should be conventional and in harmony with the Forest environment.

Rectangular, square, and modified L- or H-shapes, or A-frames, are satisfactory. The construction of peculiar and elaborate styles will not be permitted. Two-story structures including walk out basements, will not be approved as this presents an unwelcome intrusion on the landscape as viewed from the water.

Color – Exterior colors should blend with the surrounding landscape and must have prior written approval of the District Ranger. Conspicuous colors will not be permitted. Suggested for sidewalls and roofs are natural or neutral shades and blends of browns, gray or green. Paint, varnish, and stain are acceptable finishes. Where paint is required, earth tones and subdued hues are preferred. Window and door casings and other outside trim must harmonize with the background and should not present harsh contrasts.

Materials – Frame construction using vertical boards and battens, rough lap, bevel, or drop siding, logs, half-logs, wood shingles, or manufactured sidings are authorized. The use of stucco, corrugated iron, concrete block, tarpaper, or stone will not be approved; however, native stone, concrete block or brick may be used for chimneys, fireplaces, foundations, etc.

Excavations – Grading of excavated material following construction is required to cover conspicuous and unsightly foundation walls and present a natural finish to the job.

Chimneys – Chimneys may be of brick or stone with tile lining. U.L.-approved, prebuilt, lightweight, sectional chimneys may be used. Masonry chimneys must be constructed on footings. Sectional chimneys may be suspended from the floor or ceiling, provided that supporting structural members in ceiling joists, rafters, etc. are adequate in size and grade to support the extra weight.

R9 CHIPPEWA SUPPLEMENT 2003-2

EFFECTIVE DATE: September 23, 2003

DURATION: Effective until superseded or removed

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Roofs – Roofs should be covered with approved types and color of wood, asphalt, metal roofing, or fiberglass shingles. Roll or fiberglass roofing may not be used unless specifically approved by the District Ranger. Gable or pitched roof construction will be used. Flat and low-pitch shed type roofs will not generally be authorized.

Plumbing and Sanitation – Plumbing and sanitation must be installed in accordance with plans approved by, and on location approved by, the District Ranger in advance of construction.

Requirements of the MPCA and County Zoning must be met. In most cases, this necessitates submission of plans for review. Information on requirements for sewage disposal and water supply systems may be obtained from the District Ranger. It is the responsibility of the permittee to provide the District Ranger with a copy of the well certificate when a new well is installed. Upon approval of these improvements, the permit will be amended to cover such construction when they occur off the permit area. In addition, licensed inspectors will inspect sanitation systems. A copy of this inspection shall be submitted to the District Ranger.

Nonconforming systems and structural improvements will be required to be brought into compliance prior to issuance of the term permit.

Non-organic wastes such as cans, bottles, etc. (and meat scraps, bones, and similar animal garbage) shall be disposed of in an approved sanitary landfill. Garbage pits will not be permitted. Vegetable matter may be disposed of by composting. Garbage canisters in the local area designed for use by other segments of the recreating public (i.e., campgrounds, picnic area, waysides, etc.) will not be used.

Electrical Wiring – All electrical wiring shall be installed and maintained in strict compliance with the safety rules dealing with electrical supply lines which are set forth in the National

Electric Safety Code, and also with all applicable local codes.

Walks, Drives, and Steps – Walks and drives should ordinarily be of gravel. Steps built on steep banks should be supported on treated timbers above the natural ground surface. Construction of walks, drives, or steps must receive prior approval of the District Ranger. Upon approval and construction of improvements, the permit will be amended to cover such improvements where they occur off-lot. Walks, drives and steps will be constructed and located so as to minimize erosion of soil from banks.

Docks – Docks may be utilized when authorized by the permit. Docks shall only be the minimum necessary to facilitate safe boat ingress and egress and must be approved in advance by the District Ranger. Where marina or cooperative facilities are available, or can be made available, or where there is a conflict with the compatibility of docks and the water influence zone because of shore conditions, or other considerations, individual docks may not be permitted.

R9 CHIPPEWA SUPPLEMENT 2003-2

EFFECTIVE DATE: September 23, 2003

DURATION: Effective until superseded or removed

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Boat Lifts – The use of boatlifts has become more popular. They serve well to protect boats from wave action on certain lakes, but also must be made to harmonize with the natural environment. Highly colored and contrasting canopies will not be permitted. Boatlifts will normally not be allowed on small lakes, less then 150 acres.

Gardens and Lawns – Permittees are encouraged to keep the area natural in appearance; however, small areas of lawn, flower garden or vegetable gardens are permitted, subject to approval of the District Ranger. The use of painted or whitewashed rocks or trees, shrubs and other types of decoration foreign to the natural environment will not be approved.

Signs – The Forest Service has developed a sign plan and policy that sets up a uniform signing program and, when followed, will result in a neat and desirable appearance along the roads.

Signs are not mandatory but, if installed, should perform to this standard. See Exhibit 01 for a plan of an approved type of sign. The District Ranger must approve specifications and locations of all signs. No more than one sign will be permitted for each residence, except where common driveways serve more than one residence. In this case, one sign per permittee will be permitted at the junction of the common driveway with the main road and one additional sign will be permitted at the junction of the individual driveway with the common driveway. The Forest

Service will sign all residences as “National Forest Permitted Use.”

Maintenance of Property:

The premises and improvements must be maintained in an orderly condition and in a good state of repair. All maintenance of property, entrance roads, and services incidental to the use of the area is the responsibility of the permittee.

Aesthetically disruptive structures inconsistent with the Forest environment, such as TV satellite dishes, antennas, masts, etc. will be permitted only when they can be screened and/or camouflaged from the view of the Forest user, and do not require additional clearing.

Outside storage during non-use periods will be limited to one currently registered motor vehicle and two currently registered boats. Storage of a fish house may be permitted with District

Ranger approval. These items shall be located so as not to be seen from the lake. Snowmobiles and ATVs shall be stored in approved, closed storage.

Trees, brush, and vegetation in locations designed for dwellings and other approved buildings may be removed to facilitate construction. Large trees that obstruct chimney openings, lean heavily and threaten life and property, etc. will be approved for removal. Felling of trees and disposition of resulting slash or debris is the responsibility of the permittee. Removal of other trees and shrubs will be limited to that necessary to make the lot safe, usable, and attractive. The approval of the District Ranger must be secured before any clearing is done. All timber cut shall be disposed of as directed by the District Ranger. Generally, removal of brush will be approved for much of the lot area. To maintain privacy and individuality of lots, it is desirable to retain

R9 CHIPPEWA SUPPLEMENT 2003-2

EFFECTIVE DATE: September 23, 2003

DURATION: Effective until superseded or removed

FSH 2709.11 – SPECIAL USES

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Page 11 of 14 adequate amounts for screening between lot boundaries. A strip within 15’ of the lot line common to adjacent lots shall not be mowed. Development of a mowed lawn shall be restricted to that necessary to occupy and use the lot for recreation purposes.

Sufficient screening shall be retained to minimize the visual impact of the improvements on lake users and/or traveling public on adjacent roads. Selective removal of vegetation between the lot line and the shoreline may be permitted to achieve some measure of insect control and to permit a view of the water, commensurate with screening of developments from offshore view.

However, the establishment and maintenance of vegetation along the banks is paramount in the prevention of erosion. Vegetative removal from lakes will comply with State and County standards.

Driveways to provide access to homes shall be limited to one approach to minimize the impact on the site.

Fences, unless specifically approved in writing for the public protection against safety hazards, are not a part of the forest environment and will not be authorized. Fences will normally be approved for small areas for such purposes as dog enclosures and play areas for small children.

Use of cable, wires, ropes, and chains for the purpose of road closure will not be permitted since they constitute a major hazard to recreation vehicle operators. Gate plans are available from, and must be approved by, the District Ranger.

Driving nails in trees, building tree houses, or fastening anything to trees with nails, screws, etc. is prohibited.

Temporary seasonal screen tents may be allowed during bug season to afford the permittee the opportunity to enjoy the outdoors. These temporary screen tents must be on the lot and screened from public view.

Outdoor lighting may be authorized if it is shaded and/or screened so as not to be visible from offshore. Wiring of outdoor lighting, if approved, must meet State electrical codes.

Utility lines serving recreation residences shall eventually be converted to underground.

Permittees should take advantage of opportunities to have this work done.

Work such as eradication of noxious weeds, control of insect pests and vermin, cutting of dead trees, removal of overhanging limbs, etc. on these sites is the responsibility of the permittee. The

District Ranger must approve the use of any pesticides, herbicides, insecticides, rodent-cides, etc. in advance.

The permittee is required to obtain a burning permit before open burning of grass, brush, or debris. Failure to obtain such a permit is punishable under the State of Minnesota fire laws.

R9 CHIPPEWA SUPPLEMENT 2003-2

EFFECTIVE DATE: September 23, 2003

DURATION: Effective until superseded or removed

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Burning permits may be obtained at the office of the District Ranger or from designated fire wardens.

Maintenance of National Forest improvements by the Forest Service is limited to camp and picnic grounds, administrative improvements, trails, and certain approved roads. Such maintenance is further limited to the period of summer use. It does not include maintenance of beaches at other camp and picnic grounds, maintenance of other public and private roads, and snow plowing.

Preservation of Site – The exercise of this use privilege entails upon the permittee the responsibility for the maintenance of the site in good condition. Soil erosion along walks, drives, and structures must be controlled and repaired when it exists. Tree cover must be maintained on the site. The District Ranger, or his/her designated representative, will be pleased to advise the permittee as to the manner of performing these site maintenance practices.

Lake Shore Stabilization – The permittee must protect all areas where shoreline stabilization has been done. Damage as a result of the permittee’s use or operation will be repaired by the permittee.

Archaeological or Historic Resources:

The Archaeological Resources Protection Act, among other laws and regulations, protects archaeological and historic sites located on National Forest System lands. Artifacts could be found within these recreation sites and at many locations within the Chippewa National Forest.

Examples of such artifacts include, but are not limited to, arrowheads, broken bits of pottery, bone, waste chips from stone tool manufacture, glass beads, gunflints, stone or metal axes, smoking pipes, and even certain cans and bottles. Anyone who causes damage to such sites or removes such artifacts may be subject to permit revocation and criminal or civil penalty.

Permittees who observe archaeological or historic artifacts exposed on or near their lots must immediately notify the District Ranger so Forest Archaeologists can evaluate their significance.

Sites and artifacts less than 50 years old are not considered historic. Sites and artifacts greater than 50 years old may or may not have historic significance. When such material remains are found and reported, Forest Service personnel have the responsibility to determine historic significance, not the permittee. All such artifacts are property of the Federal Government and may not be retained or sold by an individual.

Prior to the inception of earth-disturbing construction projects proposed by the permittee, the

Forest Service may require that the permittee retain a professional archaeologist to conduct an archaeological survey to federal historic preservation standards in order to determine whether an archaeological site may be endangered.

R9 CHIPPEWA SUPPLEMENT 2003-2

EFFECTIVE DATE: September 23, 2003

DURATION: Effective until superseded or removed

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If historic or archaeological artifacts are observed during construction, all construction activities must cease and the District Ranger must be informed immediately to allow the Forest Service to determine historic significance. The Forest Service will be under no obligation to reimburse any costs associated with such delays.

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R9 CHIPPEWA SUPPLEMENT 2003-2

EFFECTIVE DATE: September 23, 2003

DURATION: Effective until superseded or removed

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41.23 – Exhibit 01

Approved Sign

A.B. BROWN

NAME: Up to 42 inches in length with letters 3 inches high

A.B. BROWN

_____________________________________________________________

TYPE: Rustic – Natural dark brown stain background

BOARD SIZE: 4 ½ inches wide – variable length

BOARD THICKNESS: 1 ¼ inches Normal

LETTERS: One or both sides, routed - letters painted yellow

POST: Round or Square – natural dark brown stain

DO NOT FASTEN SIGNS TO TREES

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