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Home My Public Portal About1992.09.16 Sewer Easement State of ID & Fish and WildlifeSTATE OF IDAHO EASEMENT NO. 5656 THIS INDENTURE, made this 16th day of September , 1992, by and between the STATE OF IDAHO, Department of Lands, 1215 W. State Street, Boise, ID 83720-7000, acting by and through the State Board of Land Commissioners, as party of the first part (Grantor), and CITY OF McCALL, P.O. Box 1065, McCall, Idaho 83638, as party of the second part (Grantee); WITNESSETH: That for a one-time administrative fee of THREE HUNDRED and NO/100ths DOLLARS ($300.00), lawful money of the United States of America, receipt whereof is hereby acknowledged, the Grantor does hereby grant to the Grantee an easement for the purpose of constructing, using, and maintaining a buried sewer pipeline over and across the following described lands situated in VALLEY COUNTY, State of Idaho, so much of the following described lands which were below the natural or ordinary high water line on the date the State of Idaho was admitted to the Union with the right to additions thereto and subject to deletions therefrom which have occurred, causing the boundary of the state's ownership to change, to -wit: A strip of land twenty (20.00) feet wide, being ten (10.00) feet on each side of the following described centerline: Commencing at the west one -quarter (4) corner of Section 8, Township 18 North, Range 3 East, B.M., thence South 60°52'50" East, 1,994.27 feet to a point, said point being the Initial Point of Rivers Bend Condominiums as shown in Book 7 of Plats at Page 73 on file in the Valley County Recorder's Office; thence South 19°25'00" East, 261.30 feet along the east boundary of said condominiums; thence continuing along said east boundary, 90.19 feet along the arc of a curve to the left; said curve having a central angle of 28°42'34", a radius of 180.00 feet, and a long chord bearing South 15°46'17" East, 89.25 feet; thence North 75°18'28" West, 63.88 feet along the south boundary of said condominiums; thence leaving said south boundary and proceeding along the centerline of a sewerline the following courses and distances: South 43°28'10" East, 209.20 feet; thence South 26°54'25" East, 206.20 feet; thence South 23°36'39" East, 33.27 feet; thence South 67°16'49" West, 21.28 feet to a point on the ordinary high water mark on the left (east) bank of the North Fork of the Payette River, said point being the REAL POINT OF BEGINNING; thence continuing South 67°16'49" West, 87.99 feet to a point on the ordinary high water mark on the right (west) bank of the North Fork of the Payette River, said point being the terminus of said easement, the above described area containing 0.04 of an acre, more or less. State of Idaho Easement No. 5656 Page 2 of 4 It is understood and agreed that the sewer pipeline is to be constructed and maintained in such a manner that will not obstruct or hinder or affect navigation, recreation, or other authorized and customary use of the North Fork of the Payette River. The State Board of Land Commissioners reserves the right to terminate this easement for failure to construct and maintain the sewer pipeline as herein provided, upon thirty (30) days written notice to the Grantee. Subject to the following terms: 1. It is understood and agreed that this easement authorizes use of this sewer pipeline only on the lands lying below the ordinary high water mark. 2. The Grantee will comply with all state laws and with all rules and regulations of the State Board of Land Commissioners pertaining to watershed protection and with the Stream Channel Protection Act as designated in Chapter 38, Title 42 of the Idaho Code. 3. The Grantee shall indemnify and hold harmless the State of Idaho and its representatives against and from any and all demands, claims, or liabilities of every nature whatsoever, arising directly or indirectly from or in any way connected with the use authorized under this easement. 4. Upon termination or abandonment, the Grantee shall have twelve (12) months from the date of receipt of the final notice to remove any facilities or improvements. 5. This easement was authorized and approved by the State Board of Land Commissioners on November 14, 1989 and February 12, 1991. 6. If the easement is not used for the specified purpose within five (5) years from the date the easement is issued, then, in such event, the said lands so granted shall revert to the Grantor. 7. If the tracks or works upon such lands for which such easement has been granted are not completed within five (5) years after the date of issuance of this easement, the Grantor shall have the right to declare such easement forfeited. State of Idaho Easement No. 5656 Page 3 of 4 IN WITNESS WHEREOF, the State Board of Land Commissioners has caused these presents to be executed by its President, the Governor of the State of Idaho, and countersigned by the Secretary of State and the Director, Department of Lands. STATE BOARD OF LAND COMMISSIONERS J Governor of th Sta e of Idaho and President of the State Board of Land Commissioners Countersigned: Secretary of State Depa3"tment of Lands * * * * * * * * * * * o• • , • i ,11 - State of Idaho Easement No. 5656 Page 4 of 4 STATE OF IDAHO SS. COUNTY OF ADA On this 16th day of September , 1992, before me, a Notary Public in and for said State, personally appeared CECIL D. ANDRUS, known to me to be the Governor of the State of Idaho and President of the State Board of Land Commissioners; PETE T. CENARRUSA, known to me to be the Secretary of State of the State of Idaho; and STANLEY F. HAMILTON, known to me to be the Director of the Department of Lands of the State of Idaho, that executed the said instrument and acknowledged to me that such State of Idaho and State Board of Land Commissioners executed same. IN WITNESS WHEREOF, I have hereunto set my hand and seal on the day and year last written above. ,,,eiss •u mi..,o_ o' Oy'E,J.4 , •OOOOOO vZ.04.0 T A. ;,1t w • .; tr `%S UB L = ® a ,: %'•o 4 E O B I9 tsO ••RunNto 'ate_ .sd NOTARY PU$LIC residing at Boise, Idaho My Commission expires rn4C r rn C G rn �rn ao '77co o_< ._- UD N N e LIFT STATION PAYETTE LOCATION OF PROJECT CITY OF McCALL (NO SCALE) LAKE LOGMTD IN SECTION 8 TOWNSHIP 18 NORTH, RANCE 3 EAST, BOISE MERIDIAN VAllEY COUNTY, IDAHO VICINITY MAP CITY OF McCALL SEWER REPLACEMENT PROJECT PROPOSED PAYETTE RIVER CROSSING PREPARED BY TOOTH►7AN—ORTON ENGNNEZRING CO. 1802 N. 33rd STREET 8015E. IDAHO 83703 (208)342-5511 JULY 1990 SHEET 1 OF 3 O Cn T1m O� Cf)m r*1 0 �M�_ Dm� �0 mm m� XIm� rjZD - r 0 73 73 O O m �m z Z rn O i Oo i a N A N m c_0r maw `i kzt oop l oaZo �� u u9z 0 0 0 i3 r^wm O Ot1Aam„ p1 .�oto NFU n illf irtaLat4 io m Qtttl56] W �� k��k iI • PAYETTE 1� ,.. 30 so so )(4rilt.4tiat si+� '111r'" O ° , `irw�� 44 �� 4 ,ref NAP NOTES 0 B.M. /1 - BRASS CAP AT GAGING STATION (DISTURBED). ELEV. - 4966.12 CONNECT TO EMSf1NG WET WEU_ ABANDON DOSTING PIPE CONNECTION. INSTALL WATER TIGHT PLUG. CONSTRUCT SIPHON STRUCTURE CONSTRUCT DROP MANHOLE CONSTRUCT STANDARD MANHOLE REMOVE TREE RETAIN ANO PROTECT UNDERGROUND SPRINKLER SYSTEM. CONNECT TO EXSTING PIPE DEMOUSH EMSMNG MANHOLE EXISTING CONCRETE AND ROCK RIPRAP. RETAIN AND PROTECT EXISTING 36'0 RCP ASH HATCHERY PROCESS WATER SUPPLY UNE INSTALL 15'0 PVC SEWER MAIN. INSTALL 16'0 DUCTILE IRON SIPHON. a T.B.M. /1 ARE HYDRANT AT INTERSECTION OF MATHER ROAD AND BURNS ROAD. ELEV. - 5004.22 MATHER ROAD is Q ,roi � o 1 1w' Z. Crni ♦ F aON F 1 0 -I a n 10 h M N - 1 \\...[✓,LM Ra- irSLIY• 'All Uzi LL. Ol 1.53NN00 t - 'AY ,0t�o a x. '.T . Fil i 1 --4. if LEf - 'N1 K'SL.S :� J: $ 6 tiQt J. 001Pe. - IIItl a...) n YG'OLef ',Tr- at - NI WO N . 'W1 . l 'till . l Writ(aced) _ -e W. - }did AZflMiNT Ji I ic.ec.t era .pc Ii ,t - -oc in � 0 o<er t.e - N . rss +t OSN -tit u - ua `sn ..1-J g_$ b p s�% 7 viol .rit It Nips -,;;,a G •� �.) i N F < <QQ1� 1 O � Z' 9j,,7/2Y/9�Q , O f \`\Q�� c. � � - ma I tctZe, � -1' 1p'S 1.0 l -OW IM7L7(i21.t NChen" 'ONmod—, .� .ter iN�sI�NA I oo.o- V tiY A e i 11 E o� rz o: .i LOCATED IN SECTION 8 TOWNSHIP 18 NORTH, RANGE 3 EAST, BOISE MERIDIAN VALLEY COUNTY, IDAHO PROFILE VIEW CITY OF MCCALL SEWER REPLACEMENT PROJECT PROPOSED PAYE! I E RIVER CROSSING PREPARED BY TOOTHMAN—ORTON ENGINEERING CO. 1802 N. 33rd STREET 6o(SE IDAHo8.3703 208)342-551 1 JULY 1990 SHEET 1 OF 3 f� UNITED STATES DEPARTMENT OF THE INTERIOR FISH AND WILDLIFE SERVICE RIGHT-OF-WAY EASEMENT For a Sanitary Sewer Main Line for the City of McCall, Idaho. The Secretary of the Interior, through his authorized representative, the Regional Director, U.S. Fish and Wildlife Service (Service), in accordance with applicable authorities and regulations published in 43 CFR 2800 (October 1, 1989) and 50 CFR 29.21 (October 1, 1988), for and in consideration of $1.00 grants an easement to the City of McCall, Idaho, herein referred to as the Grantee, for the use and occupancy of certain lands of McCall Fish Hatchery, Idaho, for the purpose of locating, constructing, reconstructing, operating, and maintaining a sanitary sewer main line for the City of McCall according to Exhibit A, Engineer- ing Drawing, TOOTHMAN-ORTON ENGINEERING COMPANY, CITY OF McCALL, 1990 Sewer Replacement Project, Plan And Profile, Sheet 2 of 4, 9013SHT2, 7/24/90, revised 10/18/90, attached hereto and made a part hereof. Said land is described as a portion of Government Lot 4, Section 8, T. 18 N., R. 3 E., Boise Meridian, Idaho, consisting of a strip of land not to exceed 20 feet in width, 10 feet each side of centerline of the herein described sanitary sewer main line bounded by the Mather Road right-of-way on the North, the left bank of the North Fork of the Payette River on the South, and East and West by lying within United States Tract 200, described in Deed Record No. 19, pages 215-217 (Instrument No. 23214, DEED, dated August 31, 1937, County of Ada, State of Idaho). Such description, being a PRELIMINARY DESCRIPTION, SUBJECT TO CHANGE AFTER CONSTRUCTION, does not delineate by bearing and distance or azimuth calls the sewer line centerline which will be provided at a later date in the form of a construction as -built survey with ties to existing cadastral survey corners. Said as -built survey will become the location survey for the herein authorized sanitary sewer main line. This permit shall carry with it the right of ingress and egress to, on and along said land with the right to use existing roads for the purpose of constructing the line, and removing or replacing the same, in whole or in part, with notifica- tion of the hatchery manager; and access to the line for inspection, repair and maintenance limited to any suitable location north of the fence at the hatchery entrance with notification of the hatchery manager. After construction, access to the line inside the hatchery fence for any purpose other than an emergency requires obtaining a Special Use Permit (SUP) from the hatchery manager or authorized officer of the United States Fish and Wildlife Service. This permit is subject to the terms and conditions found as Exhibit B attached hereto and made a part hereof. This permit is for a period of 50 years commencing on the day of signing by the Regional Director, U.S. Fish and Wildlife Service. I WITNESS WHEREOF, I have hereunto set my hand this �� day of Q',teA , 199 % . U.S. FISH AND WILDLIFE SERVICE Regional Director McCall NFH (P2) Page 1 of 6 �� ?{ �I7 e. The above instrument together with all terms and conditions thereof, is hereby accepted this 240 day of fidRar, , 19 9/ CITY/ OF McCALL, IDAHO By: ag54_ ACKOWtEDG`ENT STATE OF/OREGON, County of Multnomah) ss. On )1(ac00t R) 49/ , before me personally appeared Marvin L. Plenert, Regional Director, known to me to be the person described in and who executed the foregoing instrument and acknowledged to me he executed the same as his free act and deed. �h,( Notary/Public in and for the State of airt /� �� , residing at 7Jl2Y C My commission expires: a `<" 9� ACKNOWLEDGMENT STATE OF IDAHO, County of K7-//e, ) ss. On /F ; /l j%, before me, the undersigned, a Notary Public in and for said Ste, personally a_ppeared , personally appeared t /Gi/( /1 /�"'/7 , r-}r known to me to be the of the City of McCall that executed the instrument or the person who executed the instrument on behalf of said City, and acknowedged to me that such City executed the same. WITNESS my hand and offic• I seal. ignature McCall NFH (P2) Page 2 of 6 EXHIBIT B, TERMS AND CONDITIONS Terms and conditions (50 Code of Federal Regulations (CFR) 29.21-4, 10-1-88) (a) Any right-of-way, easement, or permit granted will be subject to outstanding rights, if any, in third parties. (b) An applicant, by accepting an easement or permit agrees to such terms and conditions as may be prescribed by the Regional Director in the granting docu- ment. Such terms and conditions shall include the following, unless waived in part by the Regional Director, and may include additional special stipulations at his discretion. (1) To comply with State and Federal laws applicable to the project within which the easement or permit is granted, and to the lands which are included in the right-of-way, and lawful existing regulations thereunder. (2) To clear and keep clear the lands within the easement or permit area to the extent and in the manner directed by the project manager in charge; and to dispose of all vegetative and other material cut, uprooted, or otherwise accumu- lated during the construction and maintenance of the project in such a manner as to decrease the fire hazard and also in accordance with such instructions as the project manager may specify. (3) To prevent the disturbance or removal of any public land survey monument or project boundary monument unless and until the applicant has requested and received from the Regional Director approval of measures the applicant will take to perpetuate the location of aforesaid monument. (4) To take such soil and resource conservation and protection measures, including weed control on the land covered by the easement or permit as the project manager in charge may request. (5) To do everything reasonably within his power, both independently and on request of any duly authorized representative of the United States, to prevent and suppress fires on or near land to be occupied under the easement or permit area, including making available such construction and maintenance forces as may be reasonably obtainable for the suppression of such fires. (6) To rebuild and repair such roads, fences, structures, and trails as may be destroyed or injured by construction work and, upon request by the Regional Director, to build and maintain necessary and suitable crossings for all roads and trails that intersect the works constructed, maintained, or operated under the right-of-way. (7) To pay the United States the full value for all damages to the lands or other property of the United States caused by him or his employees, contractors, or employees of the contractors, and to indemnify the United States against any liability for damages to life, person, or property arising from the occupancy or use of the lands under the easement or permit, except where the easement or permit is granted hereunder to a State or other governmental agency which has no legal power to assume such a liability with respect to damages caused by it to lands or property, such agency in lieu thereof agrees to repair all such damages. Where the easement or permit involves lands which are under the exclusive jurisdiction of the United States, the holder or his employees, contrac- tors, or agents of the contractors, shall be liable to third parties for injuries incurred in connection with the easement or permit area. Grants of easement or permits involving special hazards will impose liability without fault for injury and damage to the land and property of the United States up to a specified maximum limit commensurate with the foreseeable risks or hazards presented. McCall NFH (P2) Page 4 of 6 "I f top (F tI P:.-r �" 1 1:4 +C •Y�. )`t.�: �. r.)i°s't} 1 )0,15 s s^t i r,FFEs .= c YY �?a/,grfl", t3 t7, 4;.{" .,Y •'G !' ;.'" f �' :Y +�' '.- • :"ems'; ;fir`-t+r,F`nrr.�,. { tiff; k*(7 4T'VT VT The amount of no-fault liability for each occurrence is hereby limited to no more than $1,000,000.00. (8) To notify promptly the project manager in charge of the amount of merchantable timber, if any, which will be cut, removed, or destroyed in the construction and maintenance of the project, and to pay the United States in advance of construction such sum of money as the project manager may deter- mine to be the full stumpage value of the timber to be so cut, removed, or destroyed. (9) That all or any part of the easement or permit granted may be terminated by the Regional Director for failure to comply with any or all of the terms and conditions of the grant, or for abandonment. A rebuttable presumption of aban- donment is raised by deliberate failure of the holder to use for any continuous 2-year period the easement or permit for the purpose for which it was granted or renewed. In the event of noncompliance or abandonment, the Regional Director will notify in writing the holder of the easement or permit of his inten- tion to suspend or terminate such grant 60 days from the date of the notice, stating the reasons therefor, unless prior to that time the holder completes such corrective actions as are specified in the notice. The Regional Director may grant an extension of time within which to complete corrective actions when, in his judgment, extenuating circumstances not within the holder's control such as adverse weather conditions, disturbance to wildlife during breeding periods or periods of peak concentration, or other compelling reasons warrant. Should the holder of a right-of-way issued under authority of the Mineral Leasing Act, as amended, fail to take corrective action within the 60-day period, the Regional Director will provide for an administrative proceeding pursuant to 5 U.S.C. 554, prior to a final Departmental decision to suspend or terminate the easement or permit. In the case of all other right-of-way holders, failure to take corrective action within the 60-day period will result in a determination by the Regional Director to suspend or terminate the easement or permit. No administrative proceedings shall be required where the easement or permit terminates under its terms. (10) To restore the land to its original condition to the satisfaction of the Regional Director so far as it is reasonably possible to do so upon revocation and/or termination of the easement or permit, unless this requirement is waived in writing by the Regional Director. Termination also includes permits or ease- ments that terminate under the terms of the grant. (11) To keep the project manager informed at all times of his address, and, in case of corporations, of the address of its principal place of business and the names and addresses of its principal officers. (12) That in the construction, operation, and maintenance of the project, he shall not discriminate against any employee or applicant for employment because of race, creed, color, or national origin and shall require an identical provision to be included in all subcontracts. (13) That the grant of easement or permit shall be subject to the express condition that the exercise thereof will not unduly interfere with the manage- ment, administration, or disposal by the United States of the land affected thereby. The applicant agrees and consents to the occupancy and use by the United States, its grantees, permittees, or lessees of any part of the easement or permit area not actually occupied for the purpose of the granted rights to the extent that it does not interfere with the full and safe utilization thereof by the holder. The holder of an easement or permit also agrees that authorized repre- sentatives of the United States shall have the right of access to the easement or permit area for the purpose of making inspections and monitoring the construction, operation, and maintenance of facilities. McCall NFH (P2) Page 5 of 6 r j rtr, 71% y.t y,.ri � I`�,��T��ti'� � sir) #r 1:;:,,1,1 7� ;��'iEj Tj� 1 llt.rfi }# i f J tYt' f1 r < 3►fi"., a !'y �'� T ''' %�-' 9, r-,'... `�i t,' .y rr^ P I.,r, ^� �Cy"3• #'•i ,' 94 L L. • � !t cI T T911- . • ;,` t. G�.r }fF>'rt_T<� _ Y'f.r'S.j"fji.r-''r8i':i"R-+�:.yr ties a.j�.'. G _ _ - •.,n -1 tFr,. 11x ;E:r 3,t`TF_.: F-.-.i-1( �'u �..;I.FSTT '' T }} T. .�14-f r::�. 1.i #,x,' :;�Ir� .T. �. r e, h ,-.v.,,,,,...:,..-,l x: (i.., i'-� .:d�� P'� �1i�;�''�' �'�' Z.3,f iiv �'i ii� ) ,47f ijj4��:, 1/{Z :W �T :7j-.,5�.5ir. � - S) �fr fr' i 5 7� TtGi ;`, rr.+ljrt :� 4'r i„tit}.t Jar yl 'T d(- Cj• % i"` ;J 1 it , :jTs. # i4. ?. # }j i" Q ,' ;,Z. .ft h 4IrPT Kl r., io..�eti. Cif. f`rr 1 F fi# 44 •' .*' S if* IP'-�'-`'' .. t. LEGAL DESCRIPTION SANITARY SEWER EASEMENTS U S Dept. of the Interior Fish and Wildlife Service Right-of-way Easement The attached description, pursuant to requirements of the temporary easements, granted March 29, 1991 is the "As Built" easement which becomes the permanent easement for the sanitary sewer line which is the subject of the temporary permit. EASEMENT DESCRIPTION A strip of land forty (40.00) feet wide, being twenty (20.00) feet on each side of the following described centerline situate in the SW 1/4 of Section 8, Township 18 North, Range 3 East, Boise Meridian, more particularly described as follows: Commencing at a brass cap monument marking the Initial Point of RIVERS BEND CONDOMINIUMS as shown in Book 7 of Plats at Page 73 on file in the office of the Recorder, Valley County, Idaho, from which a brass cap monument marking the northwest corner of said SW 1/4 bears N 60°52'50" W a distance of 1994.27 feet; thence S 19°25'00" E along the easterly boundary of said RIVERS BEND CONDOMINIUMS a distance of 261.30 feet to a 1/2 inch diameter iron pin; thence continuing along said easterly boundary 90.19 feet along the arc of a 180.00 foot radius curve left, said curve having a central angle of 28°42'34" and a long chord bearing S 15°46'17" E a distance of 89.25 feet to a point; thence leaving said easterly boundary N 75°18'28" W along the southerly boundary of said RIVERS BEND CONDOMINIUMS a distance of 63.88 feet to a point over an existing sewer line and the POINT OF BEGINNING; thence leaving said southerly boundary and along said sewer line the following described courses: thence S 43°28'10" E a distance of 209.20 feet to a point; thence S 26°54'25" E a distance of 206.20 feet to a point; thence S 23°36'39" E a distance of 33.27 feet to a point; thence S 67°16'49" W a distance of 21.28 feet to the highwater line on the left bank of the Payette River and also the POINT OF TERMINATION. This parcel contains 0.43 acres, more or less. (3) The Grantee agrees to perform the project construction in two phases to protect irreplaceable fishery resources according to the following: a. Phase 1. In April, duringthe hatchery's operationally slow period the Grantee or grantee's representative will have on station, before construction begins and during construction, a back-up water supply system capable of providing 4 CFS of river water to the fish hatchery. Phase 1 construction will be limited to the excavating and backfilling necessary for the construction of the drop manhole at Station 1+89.34, the siphon structure at Station 1+55.83, and the placement of 33.51 lineal feet of 15" diameter pvc pipe between the stated structures. This segment of sewer pipe crosses under the 36" diameter RCP hatchery intake line. The work will be completed in April. b. Phase 2 and final phase. In the fall as defined by the month of August, after the North Fork of the Payette River water level has dropped, the remainder of the construction can be started. The construction period will end at the end of the following February. The new 15" diameter pvc sewer main will be installed parallel to the river at a separation of not less than 15 feet center to center and located upland from the Service's hatchery water supply line as indicated on the plan sheet. c. The above stated phases can be repeated until the project is completed. d. On -site coordination and instructions for tie-in to the fish hatchery water system will be made with the McCall Fish Hatchery manager. (4) Vegetation, land -forms, and property improvements destroyed or damaged by construction activities will be replaced or restored to a level acceptable to the Service's authorized officer within one (1) year after construction activities cease. McCall NFH (P2) Page 7of7 (14) That the easement or permit herein granted shall be subject to the express covenant that any facility constructed thereon will be modified or adapted, if such is found by the Regional Director to be necessary, without liability or expense to the United States, so that such facility will not conflict with the use and occupancy of the land for any authorized works which may hereafter be constructed thereon under the authority of the Untied States. Any such modification will be planned and scheduled so as not to interfere unduly with or to have minimal effect upon continuity of energy and delivery requirements. (15) That the easement or permit herein granted shall be for the specific use described and may not be construed to include the further right to authorize any other use within the easement or permit area unless approved in writing by the Regional Director. Construction (50 CFR 29.21-4, 1 October, 1988) (a) If construction is not commenced within two (2) years after date of right- of-way grant, the right-of-way may be cancelled by the Director of the U.S. Fish and Wildlife Service at his discretion. (b) Proof of construction: Upon completion of construction, the applicant shall file a Certificate of Completion with the Regional Director. Special terms and conditions. (1) Any cultural and/or paleontological resource (historic or prehistoric site or object including burials or skeletal material) discovered by the permit holder, or any person working on his or her behalf, on public or Federal land shall be immediately reported to the authorized officer, McCall Fish Hatchery Manager, (208-634-2690). Holder, or his or her representative, shall suspend all operations in the immediate area of such discovery until written authorization to proceed is issued by the authorized officer. An evaluation of the discovery will be made by the authorized officer or a Service approved Archaeologist to determine appropriate actions to take pursuant to the provisions of law and 36 Code of Federal Regulations 800.7 (resources discovered during construction) to prevent the loss of significant cultural or scientific values. The holder will be responsible for the cost of evaluation. Any decision as to proper mitigation measures will be made by the authorized officer after consulting the holder. (2) The McCall Fish Hatchery manager shall be contacted prior to initiation of work associated with the project and notified when work activities will commence and the length of time they will be occurring. McCall NFH (P2) Page 6 of 7