South Carolina Forestry Commission

SOUTH CAROLINA FORESTRY COMMISSION

MANCHESTERSTATEFOREST

SPECIAL USE PERMIT

PINE STAND ENHANCEMENT FOR PINESTRAW

(hereinafter called the Holder) is hereby authorized to use or occupy ManchesterStateForest lands, subject to the conditions set out below.

This permit is issued for stand/s No. containing approximately acres, and is defined herein as the "permit area" and is described as shown on the location map attached to and made a part of this permit (Exhibit A), and is issued for the purpose of the removal of scrub hardwood vegetation by means of herbicide application as agreed to by the Holder and the S.C. Forestry Commission as follows:

THE HOLDER SHALL:

1.Apply to the "permit area," within the term of this contract, herbicide/s via subcontract or self with a S.C. certified and licensed commercial herbicide applicator as per a SCFC approved Application Plan. Said plan to be made exhibit "B" of this special use permit.

2.Provide copies of subcontract with a licensed commercial herbicide applicator if used and/or a copy of said applicators current license at time of signing of this permit and will be made exhibit "C" and attached hereto. Said herbicide application shall guarantee a scrub hardwood kill of no less than 90% of total stems present on the permit area. Herbicide will be applied before the one-year anniversary date of the contract. Supplemental herbicide treatment must be completed by the end date of the contract. Hardwood kill must be approved by the Forest Director or deposit will not be returned.

3.Within the term of this permit, clear the permit area of dead wood and debris,i.e., tree and shrub stems, and limbs by piling and kill ground cover and understory growth to include but not limited to honeysuckle, muscadine, blueberry, etc. to provide a clean and rakeable area throughout the permit area. Cutting and piling must be completed before the one-year anniversary date of the contract. Trees 10 inch DBH and smallermust be killed with herbicide and felled. Trees greater than 10 inch DBH must be left alive.

4. Not enter stand/s No. ______from April 1st through July 1st due to the Red-cockaded Woodpecker Nesting Season. No activities will be allowed during this time period. The red-cockaded woodpecker was listed as an endangered species in 1970 and received Federal protection with the passing of the Endangered Species Act of 1973.

THE SOUTH CAROLINA FORESTRY COMMISSION SHALL:

1.Allow the holder to access and occupy this permit area as need be solely for the purposes aforesaid for the term of this permit. Said term shall be for 12 months beginning on the date of issue.

2.Conduct prescribed (controlled) burning as may be needed to clear the permit area of leaves and debris at no cost to the holder.

3.Allow the holder to hand rake and remove from the permit area usable pine straw free of charge during the term of this permit. A covering of deteriorating straw must be left on the ground to protect the soil.

I.TERMS AND CONDITIONS

1. Authorized Officer: The authorized officer is the State Forest Director or a delegated officer.

B.License: This permit is a license for the use of S.C. Forestry Commission owned land and does not grant any permanent, possessory interest in real property, nor shall this permit constitute a contract for purposes of the Contract Disputes Act of 1978 (41 U.S.C. 611). Loss of the privileges granted by this permit by revocation, termination, or suspension is not compensable to the holder.

C.Existing Right: This permit is subject to all valid rights and claims of third parties. The State of South Carolina is not liable to the holder for the exercise of any such right or claim.

D.Nonexclusive Use: Unless expressly provided in additional terms, this permit is not exclusive. The S.C. Forestry Commission reserves the right to use or allow others to use any part of the permit area for any purpose in so much as said use will not interfere with the terms of this permit.

E.Public Access and Use: Unless specifically limited under additional terms of this permit, the holder agrees to allow the public free and unrestricted access to and use of the permit area at all times for all lawful purposes. To facilitate public use of the permit area, all existing roads shall remain open to the public, except for roads as may be closed by joint agreement of the holder and the authorized officer.

F.S.C. Forestry Commission Right of Entry and Inspection. The S.C. Forestry Commission shall have free and unrestricted access at all times, including the right to enter into all lands, and other facilities to ensure compliance with the terms and conditions of this permit. In addition, the S.C. Forestry Commission may enter the permit area for any purpose or reason consistent with any right or obligation of the State of South Carolina under any law or regulation.

G. Assignability: This permit is not assignable or transferable.

H.Permit Limitations: Nothing in this permit allows or implies permission to build or maintain any structure or facility, or to conduct any activity unless specifically provided for in this permit. Any use not specifically identified in this permit must be approved by the authorized officer in the form of a new permit or permit amendment.

1. The holder of this permit and all participants of the event/s for which this permit is issued are subject to Federal, State, and local laws and regulations set fourth by the S.C. Forestry Commission and the S.C. Wildlife Management Area Program.

J.The holder of this permit or assigns shall not cut and or remove from the permit area any pine or hardwood trees except as provided by the terms of this permit or as approved by the authorized officer.

K.Term of Permit is the period of time between the issue date and the expiration date. The issue date is the date the permit is agreed to and signed by both the Holder and the S.C.F.C.

II.RESPONSIBILITIES OF THE HOLDER

A.Hazard Analysis: The holder has a continuing responsibility to identify and abate hazardous conditions on the permit area, which could pose a risk of injury to individuals. Any actions to abate such hazards shall be performed after consultation with the authorized officer.

B.Compliance with Laws, Regulations, and other Legal Requirements: The holder, in exercising the uses authorized by this permit, will assume responsibility for compliance with the regulations of all federal, state, and county, ordinances, or regulations which are applicable to the area or operations covered by this permit. The obligations of the holder under this permit are not contingent upon any duty of the S.C. Forestry Commission to inspect the premises. A failure by the S.C. Forestry Commission, or other governmental officials, to inspect is not a defense to noncompliance with any of the terms and conditions of this permit.

C.Fire Prevention and Suppression: The holder shall take all reasonable precautions to prevent and suppress uncontrolled forest fires. Open fires are prohibited except with written permit from the authorized officer or the authorized officer's agent.

D.Change of Address. The holder shall immediately notify the authorized officer of a change in address.

E.The holder agrees to carry out the terms of this permit only within the boundaries of the permit area as marked by the S.C. Forestry Commission and as defined by Exhibit A of this permit.

F.The holder or holder's agent/s shall remove all trash/refuse which may be present on the permit area prior to leaving the permit area on a daily basis.

III.LIABILITY

For purposes of this section, "holder" includes the holder's, assigns, agent’s employees, and contractors.

A.Risk of Loss: The holder assumes all risk of loss of property. Loss to property may result from, but is not limited to, theft, vandalism, fire, rising waters, winds, falling limbs or trees, and acts of God.

1. Damage to Property of the State of S.C./S.C. Forestry Commission: The holder has an affirmative duty to protect from injury and damage the land, property, and other interests of the S.C. Forestry Commission. Damage includes, but is not limited to, fire suppression costs and all costs and damages associated with or resulting from the release or threatened release of a hazardous substance occurring during or as a result of the holder's activities on, or related to, the lands, properties, and other interests covered by the permit.

1.The holder shall compensate in full the State/S. C. Forestry Commission for damages occurring under the terms of this permit or under any law or regulation applicable to the StateForest. The holder shall be liable for all injury, loss, or damage, including fire suppression, or other costs associated with rehabilitation or restoration of natural resources, associated with the holder's use or occupancy. Compensation shall include, but is not limited to, the value of resources damaged or destroyed, the costs or restoration, cleanup, or other mitigation, fire suppression or other types of abatement costs, and all administrative, legal (including attorney fees), and other costs in connection therewith.

2.With respect to roads, the holder shall be liable for damages to all roads and trails of the S.C. Forestry Commission open to public use caused by the holder's use to the same extent as provided under paragraph III (B) (1), except that liability shall not include reasonable and ordinary wear and tear.

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3.In addition to liability provided in this paragraph, the holder may incur strict liability for certain high hazard situations if so provided by additional clauses appended to the permit.

C.Indemnification and Liability of the State of SC/S.C. Forestry Commission.

The holder shall comply with all applicable federal, state, and local laws and regulations, including but not limited to the Federal Water Pollution Control Act, 33 U.S.C. 1251 et seq, the Oil Pollution Act, 33 U.S.C. 7401 et seq, the Resource Conservation and Recovery Act, 42 U.S.C. 9601 et seq, and the Comprehensive Environmental Response, Control, and Liability Act, 42 U.S.C. 9601 et seq, and the South Carolina Illegal Immigration Reform Act, 2008 as subsequently amended, The Endangered Species Act and the holder shall indemnify, defend, and hold the S.C. Forestry Commission harmless for any violations incurred under any such laws and regulations or for any costs, damages, claims, liabilities, and judgments arising from past, present, and future acts or omissions of the holder in connection with the use authorized by this permit. This indemnification and hold harmless agreement includes, but is not limited to, acts and omissions of the holder in connection with the use authorized by this permit. This indemnification and hold harmless agreement includes, but is not limited to, acts and omissions of the holder in connection with the use authorized by this permit which result in: (1) violations of the above or any applicable laws and regulations; (2) judgments, claims, or demands assessed against the S.C. Forestry Commission; (3) costs, expenses, and damages incurred by the State of South Carolina/S.C. Forestry Commission; or (4) other releases or threatened releases on or into land, property, and other interest of the State of South Carolina/S.C. Forestry Commission by solid waste and/or hazardous substance(s).

The holder's indemnification of the State of South Carolina/S.C. Forestry Commission shall also include any damage to life or property arising from the holder's occupancy or use of land, property, and other interests of the State of South Carolina/S.C. Forestry Commission. The State has no duty to inspect permit area or to warn of hazards and, if the State does inspect the permit area, it shall incur no additional duty nor liability for identified or non-identified hazards. This covenant may be enforced by the State of South Carolina/S.C. Forestry Commission in a court of competent jurisdiction.

IV.TERMINATION, REVOCATION, AND SUSPENSION

A.General. For purposes of this permit, "termination," "revocation," and "suspension" refer to the cessation of uses and privileges under the permit.

"Termination" refers to an action by the authorized officer to end the permit because of noncompliance with any of the prescribed terms, or for reasons in the public interest. Revocations are appealable.

"Suspension" refers to a revocation, which is temporary, and the privileges may be restored upon the occurrence of prescribed actions or conditions. Suspensions are appealable.

1. Revocation or Suspension. The S.C. Forestry Commission may suspend or revoke this permit in whole or part for:

1. Noncompliance with federal, state, or local laws and regulations.
2. Noncompliance with the terms and conditions of this permit.
3. Reasons in the public interest.
4. Abandonment or other failure of the holder to otherwise exercise the privileges granted.

C.Opportunity to Take Corrective Action. Prior to revocation or suspension for cause pursuant to Section 4 (B), the authorized officer shall give the holder notice of the grounds for each action and a reasonable time, not to exceed 90 calendar days, to complete the corrective action prescribed by the authorized officer.

V.PERFORMANCE BOND

1. The holder will at the time of permit signing, render to the S.C. Forestry Commission a performance bond in the amount of $75.00 per acre for ______to total $______.

The performance bond will be held in a non-interest bearing account by the Forestry Commission and returned to the holder within 30 days after the expiration date of this permit subject to the following conditions:

1. All provisions of this permit are carried out within the period of the permit.
2. No damage to SCFC property is incurred.

1. The performance bond shall be in the form ofa cashiers check.
2. A request must be made in writing within 30 days of the expiration of this contract for the refund of the performance bond. A failure to do so will result in automatic forfeiture of the performance bond.

This permit is accepted subject to all conditions set out above.

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Holder’s Name

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Phone

FEIN

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