ARKANSAS HEADWATERS RECREATION AREA SPECIAL USE AGREEMENT RIDER ROCK CLIMBING, HIKING & MT. BIKING PURPOSE OF RIDER: To authorize Company Legal operating as Company dba the following activities for 2018 within the AHRA: Commercially guided Rock Climbing at Commercially guided Hiking at Commercially guided Mt. Biking at as detailed in the AHRA Operating and Safety Plan, within the Agreement term, operation windows where applicable, capacities within the AHRA and pursuant to the provisions of the Arkansas Headwaters Recreation Area Management Plan (AHRA-MP) and the following Conditions: CONDITIONS: 1. AHRA Special Use Agreement Application As an addendum to Condition 1 of the Special Use Agreement, any person or business entity conducting any of the authorized commercial operations listed above shall meet the following requirement(s): a. Submit a marked map illustrating all areas within the AHRA proposed for commercial operations. b. Submit a list of all guides, list of other certifications (with copies) and a copy of their valid CPR/1 st Aid Card at the time of application for the Agreement. 2. Change in Ownership The existing Contractor shall advise Colorado Parks and Wildlife (CPW) in advance of any action that would ultimately result in a change in ownership or controlling business interest, including changes of corporate officers, partners, or members. If 50% or more of the ownership or controlling business interest change, CPW will require the submission of a new SUA application. 3. Food Service Operation and maintenance of all sanitation, food services, and water supplies, systems and facilities shall comply with all applicable laws and regulations including the standards of the local department of health, Colorado Department of Public Health and Environment and the United States Public Health Service. 4. Refuse a. The Contractor shall guard the purity of waters and dispose of refuse resulting from the authorized commercial operations, including waste materials, garbage and rubbish of all kinds in the following manner: 1) Refuse, such as cans, bottles, metal, foil, ashes, charcoal, food and all other solid materials will be packed out, not buried. Such waste shall be properly disposed of outside the AHRA in compliance with law. AHRA Special Use Agreement Rider Rock Climbing, Hiking and Mt. Biking 2018 Page 1 of 7
2) Portable toilets and their use are mandatory at all camps at which AHRA does not provide established toilet facilities. 3) Contractors are required to provide approved containers for all solid human waste. Contractor s agents, employees, or clients must utilize these approved containers for the collection of all solid human waste. Solid human waste shall be carried out and disposed of outside the AHRA in compliance with law. Collection and disposal methods must be disclosed to CPW in the AHRA Operating and Safety Plan. 4) Clients must be informed of sanitation, litter prevention and human refuse disposal methods prior to embarking on commercial trips. b. No materials will be discharged onto AHRA lands or waters if they contain any substances in concentrations that would result in any significant harm to fish and wildlife or to human water supplies, including streams, reservoirs and lakes. 5. Fires a. No fire may be constructed or tended on AHRA administered public lands unless the fire is contained in a CPW-furnished grill or fireplace or in a fire pan with rigid sides at least two (2) inches in height that is elevated above ground level. b. All ashes must be carried out and properly disposed of outside the AHRA in compliance with law. c. Fires and stoves are prohibited within old cabins or historic structures. d. Cutting or gathering firewood is prohibited except that driftwood from the river may be gathered as firewood. e. No fire will be left unattended. The Contractor is solely responsible for all fires started by the Contractor, or any Contractor agents, employees, or clients. The Contractor may be held responsible for fire suppression costs resulting from wildfires caused by the Contractor, or any Contractor agents, employees, or clients. f. Wildfires shall be reported immediately to the nearest available Law Enforcement Agency. The Contractor is responsible for informing employees and clients of the current fire danger and required precautions that may be placed in effect by CPW, BLM, USFS, counties and/or the State of Colorado. g. Open fires may be prohibited during certain periods depending on fire danger. 6. Wildlife a. In order to minimize disturbances, the Contractor or any Contractor agents, employees and clients, will limit the level of noise made within 100 yards of any big game animal or any concentration of herons or other sensitive wildlife species. b. Harassment of any wildlife or livestock is prohibited by the Contractor or Contractor s agents, employees and clients. c. In Browns Canyon (Section 2b), the Contractor or Contractor s agents, employees and clients shall restrict use east of the river to areas between the river and the railroad tracks to avoid Bighorn sheep disturbance. d. No use on public lands will be allowed on river left between the Five Points Recreation Site and the Parkdale Recreation Site to avoid Bighorn sheep disturbance. AHRA Special Use Agreement Rider Rock Climbing, Hiking and Mt. Biking 2018 Page 2 of 7
7. Day Use / Camp Areas on AHRA Administered Public Lands a. No year-round, permanent day use or camp areas or equipment caches may be established on AHRA administered public lands without written permission from CPW. CPW bears no responsibility for equipment left unattended. b. All day use and camp areas are to be on a first-come, first-served basis with the exception of designated reserved campsites within the AHRA. c. All day use facilities must be set up, taken down and removed on the same day. d. Camp areas may not be held overnight unless the site is occupied by an overnight camp group on a commercial trip the night before. e. The Contractor shall maintain all premises to standards of repair, orderliness, neatness and sanitation acceptable to CPW. Day use areas must be kept clean while in use and the Contractor shall not allow trash or litter to remain. f. When day use or camp facilities are dismantled, the area shall be left in substantially the same condition as it was prior to the activities authorized. g. Any Contractor utilizing an AHRA campground site within established recreation sites (developed campgrounds) for lunch or other day use activities must purchase a camping permit for the day during which the site is occupied. 8. Site Specific Requirements a. Contractors need to be aware of flash flood dangers, especially at Chalk Creek, Badger Creek, Bernard Creek and Texas Creek. b. Use of the Ruby Mountain Recreation Site (Section 2b) by all Rock Climbing, Hiking and Mt. Biking Contractors is prohibited unless authorized on a special request. c. Contractors may utilize the Vallie Bridge Campground for boat-in or walk-in camping. Contractor vehicles may be driven into the Vallie Bridge Campground circle drive for loading and unloading gear only. Vehicles left onsite must be parked upstream in the designated parking area. d. Commercial use at the Five Points Day-Use Recreation Site (Section 4b) is prohibited. e. Commercial access at the Five Points Campground (Section 4b) south of Highway 50 is authorized. Access to the river is authorized via the walkway underpass. f. Commercial use at the Old Parkdale site (Section 4b) is prohibited. g. The Contractor, or any Contractor agents, employees and clients will limit the level of noise made within 100 yards of any residential dwelling to minimize disturbances. 9. Site Conflict Resolution Should specific sites of commercial operations become overcrowded, CPW will identify and designate allowable use at these sites in order to reduce conflicts, promote safety and protect the resource. Competitive bidding may be used by CPW to resolve site conflict. AHRA Special Use Agreement Rider Rock Climbing, Hiking and Mt. Biking 2018 Page 3 of 7
10. Authorized Activity Requirements: Rock Climbing a. Contractor and Guide Certification Requirements 1) Rock Guide, Rock Instructor or Top Rope Site Manager certification through the American Mountain Guides Association or certification through the International Federation of Mountain Guides Association; OR another certification approved in advance by AHRA. 2) If the aforementioned requirement 10.a.1) is not met, then the Contractor must be accredited through the American Mountain Guides Association or another association/organization approved in advance by AHRA. 3) All guides/instructors must possess a valid CPR and standard first aid card at minimum and possess a working knowledge of technical rescue techniques. 4) The Contractor is responsible for maintaining accurate records of the aforementioned qualifications. Testing of guides or instructors to ensure qualifications are met is the responsibility of the Contractor. CPW or its agent may inspect records at any reasonable time. b. Equitable Use 1) All instruction that takes place on multi-pitch climbs where the party does not intend to complete the entire route is limited to one climb at a time per guide with a maximum of two students. 2) Ropes cannot be hung on a climb and left unused. Someone must be belayed and climbing the pitch or the party must be preparing to do so. 3) Parking areas cannot be used for instructional purposes. This refers to any activity that would prevent a park visitor from parking in a legal parking spot. Parking by guides and/or their clients is permitted. c. Safety 1) All climbing instruction involving multi-pitch climbs will involve no greater than 3 clients per guide. 2) The Contractor must ensure that clients are adequately prepared or supplied with equipment needed for a safe climb. 3) The Contractor or his or her designee will monitor the client's physical condition so that they can safely complete the climb. 4) Use of judgment and ability to recognize one's limits shall be imparted to clients by guides/instructors. 5) A written notice must be provided to clients identifying the general risks of rock climbing prior to the climb. Further, each client must sign a waiver of liability. AHRA Special Use Agreement Rider Rock Climbing, Hiking and Mt. Biking 2018 Page 4 of 7
d. Environmental Awareness The Contractor will stress the value of low impact and clean climbing techniques. The Contractor will not allow the placement of fixed gear to include webbing, pitons, and/or bolts. Any other alteration or modification of resource features including removal of lichen, trundling loose rock, etc. is expressly prohibited. A written notice must be provided to and approved by AHRA before any rock trundling operations or physically altering any of the surroundings. Groups will minimize their impact on small staging areas and informal trails by dispersing the groups away from vegetation and erosion areas. 11. Authorized Activity Requirements: Hiking a. Contractor and Guide Certification Requirements 1) All guides/instructors must possess a valid CPR and standard first aid card at minimum. b. Equitable Use 1) Yield the right-of-way to horseback riders and take up no more than half the width of the trail. c. Safety 1) The Contractor must ensure that clients are adequately prepared or supplied with equipment needed for a safe hike. 2) The Contractor or his or her designee will monitor the client s physical condition so that they can safely complete the hike. 3) Use of judgment and ability to recognize one's limits shall be imparted to clients by guides/instructors. 4) A written notice must be provided to clients identifying the general risks of hiking prior to the hike. Further, each client must sign a waiver of liability. 12. Authorized Activity Requirements: Mt. Biking a. Contractor and Guide Certification Requirements 1) All guides/instructors must possess a valid CPR and standard first aid card at minimum. b. Equitable Use 1) Bicyclists give the right-of-way to all other trail users. c. Safety 1) The Contractor must ensure that clients are adequately prepared or supplied with equipment needed for a safe mountain biking ride. 2) The Contractor or his or her designee will monitor the client s physical condition so that they can safely complete the bike ride. 3) Use of judgment and ability to recognize one's limits shall be imparted to clients by guides/instructors. AHRA Special Use Agreement Rider Rock Climbing, Hiking and Mt. Biking 2018 Page 5 of 7
4) A written notice must be provided to clients identifying the general risks of mountain biking prior to the ride. Further, each client must sign a waiver of liability. 13. Contractor Workshop The Contractor or a management representative shall attend the Contractor Workshop presented by CPW. The Contractor is responsible for all information/policy discussed and shall ensure that the information is shared with all employees immediately following the Contractor Workshop or before each employee conducts operations within the AHRA. Agreements will not be issued until the Contractor or a management representative has attended the workshop. If an Agreement has been issued prior to the workshop and the Contractor does not attend, any and all Agreements will be immediately suspended and may be revoked. The location, date, and time of this workshop will be provided by separate notification. There will be one scheduled make-up Contractor Workshop. 14. Parking a. No vehicle parking is allowed at any boat ramp within the AHRA. b. Parking elsewhere along the river should be in highway pullouts, not on the highway shoulder so as not to impede traffic. c. No vehicle shall be parked in AHRA sites such that it impedes the flow of traffic in any way. 15. No Use / Declaration of Non-Use a. No Use shall be defined as a Contractor with a Rock Climbing and/or Hiking and/or Mt. Biking Agreement who guides zero (0) commercial Clients during the term of the Agreement. b. Declaration of Non-Use 1) A Declaration of Non-Use must be submitted in writing and received by March 1 st. A Contractor may petition the AHRA Park Manager for discretionary approval for a Declaration of Non-Use in the event of an unforeseen emergency after the March 1 st deadline. 2) All Rock Climbing, Hiking, Mt. Biking Contractors declaring a season of non-use must pay $250.00 [current Minimum Preseason Fee (Application Fee)] by April 1 st. 3) The Declaration of Non-Use is non-rescindable and considered approved unless denied by the AHRA Park Manager. 4) The AHRA Park Manager will decide within 10 business days whether to deny the Declaration of Non-Use. 5) If denied, written notice will be given to the Contractor making the Declaration of Non-Use by March 15 th. 6) A Contractor s Agreement will be revoked if that Contractor operates commercially within the AHRA after declaring a season of non-use. c. A Contractor may have either one (1) No Use Season or a Declaration of Non-Use Season once every five (5) years. AHRA Special Use Agreement Rider Rock Climbing, Hiking and Mt. Biking 2018 Page 6 of 7
d. Any combination of No Use or a Declaration of Non-Use twice in a five-year period will result in Agreement revocation. e. A Contractor who has previously had either a no use season or a Declaration of Non-Use in a fiveyear period may petition the AHRA Park Manager for discretionary approval for a second Declaration of Non-Use in the event of an unforeseen emergency. AHRA Special Use Agreement Rider Rock Climbing, Hiking and Mt. Biking 2018 Page 7 of 7