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HomeMy WebLinkAboutC87-128 Right of Way Grant rpads 3-1 amd 11a UNITED STATES 1)87-12$,12 DEPARTMENT OF THE INTERIOR BUREAU OF LAND MANAGEMENT I Right -of -Way Grant Issuing Office Grand Junction District Serial Number C-43109 1. A right-of-way is hereby granted pursuant to Title V of the Federal Land Policy and Management Act of. October 21, 1976 (90 stat. 2776; 43 U.S.C. 1761). 2. Nature of Interest: }� a. By this instrument, the holder, Eagle County Board of Commissioners, j receives a right to use, operate, maintain, reconstruct specific locations and terminate the grant for Eagle County Roads Number 301 and Number 11 located on public lands described as follows: dd C c 11 BOK...7 JON tNE TE'HIL a E,t�GLE pJY.'`RE,GOR%E" x3 3 Sixth Principal Meridian T. 1 S., R. 83 W., Section: 31 T. 2 S., R. 82 W., Sections: 2, 3, 4, 5, 7, 8, 18 T. 2 S., R. 83 W., Sections: 6, 13, 24, 25 T. 2 S., R. 84 W., Sections: 1, 2, 3, 8, 9, 10, 17, 18, 19 T. 2 S., R. 85 W., Sections: 14, 21, 22, 28, 29, 31, 32 T. 3 S., R. 85 W., Sections: 6, 7, 18, 19 T. 3 S., R. 86 W., Sections: 24, 26, 34, 35 T. 4 S., R. 86 W., Sections: 9, 10, 16, 17, 18, 19, 29, 30, 31 T. 5 S., R. 86 W., Section: 5 b. The right-of-way area granted herein is of variable width (minimum of 40 feet -maximum of 80 feet), 149,846 feet long and contains 247 acres, more or less. C. The instrument shall terminate on June 11, 2017 , 30 years from its effective date unless prior thereto, it is relinquished, abandoned, terminated, or modified pursuant to the terms and conditions of this instrument or of any applicable Federal law or regulation. d. This instrument may be renewed. If renewed, the right-of-way shall be subject to the regulations existing at the time of renewal and any other terms and conditions that the authorized officer deems necessary to protect the public interest. 8 Page Two Right -of -Way Grant C-43109 e. Notwithstanding the expiration of this instrument or any renewal thereof, early relinquishment, abandonment, or termination, the provisions of this instrument to the extent applicable, shall continue in effect and shall be binding on the holder, its successors, or assigns, until they have fully satisfied the obligations and/or liabilities accruing herein before or on account of the expiration, or prior termination of the grant. 3. Rental: The rights are granted to the holder free of fair market value rental under the authority of Section 2803.1-2(c) of the above referenced Act of Authorization. 4. Terms and Conditions: a. This grant is issued subject to the holder's compliance with all applicable regulations contained in Title 43 Code of Federal Regulations parts 2800. b. The stipulations, plans, maps, or designs set forth in Exhibit A, attached hereto, are incorporated into and made a part of this grant instrument as fully and effectively as if they were set forth herein in their entirety. e. Failure of the holder to comply with applicable law or any provision of this right-of-way grant will constitute grounds for suspension or termination thereof. f. The holder shall perform all operations in a good worklike manner so as to ensure protection of the environment and the health and safety of the public. IN WI SS W EOF, The undersigned agrees to the terms and conditions of this ri t -of -way ant. Title Josie- g /18.7 (Date) Mil (Signature of Authorized Officer) Acting District Manager (Title) 611,21s-7 (Date) Enclosures: Exhibit A - Maps -Road 301 Exhibit B - Maps -Road 11 Exhibit C - Special Stipulation, Terms and Conditions F F Page Three Right -of -Way Grant Serial No C-43109 EXHIBIT C - SPECIAL STIPULATIONS, TERMS AND CONDITIONS General 1. The holder shall contact the Authorized Officer or his designated representative at least 48 hours prior to the anticipated start of construction activities to schedule a preconstruction conference. The preconstruction conference shall be attended by the holder, or his representative, and all contractors or agents involved with construction activities under this right-of-way grant. The designated representative is: ROAD 301: Name and Title: Jim Owings, Area Manager Glenwood Springs Resource Area Address: P. 0. Box 1009, Glenwood Springs, Colorado 81602 Telephone Number: (303) 945-2341 CD C ROAD 11: C C Name and Title: Dave Atkins, Area Manager Kremmling Resource Area Address: P.O. Box 68, Kremmling, Colorado 80459 Telephone Number: (303) 724-3437 2. Grantee shall construct, operate, and maintain the facilities and structures within this grant in strict conformity with the descriptive and technical data which has been furnished to the Bureau of Land Management in connection with the application for this grant. Any relocation, additional construction, or use which is not in accord with such data may not be initiated without the prior written approval of the authorized officer. A copy of the complete application and a copy of the grant stipulations shall be available on location during construction and rehabilitation to all supervisory personnel and to the authorized officer. Noncompliance with the above will be grounds for the authorized officer to shut down the operation until compliance is obtained. 3. Construction width of the right-of-way shall be restricted to existing disturbed areas except as noted herein and as shown on maps in Exhibit B. Blading outside of the construction width shall not be allowed unless prior written approval is obtained from the BLM authorized officer. 4. Prior to surface -disturbing activities, a supplemental cultural resource report shall be submitted to and approved by the authorized officer. Should any cultural resources be identified that cannot be mitigated on site, the holder shall be required to relocate the right-of-way to avoid impacts to identified cultural resources sites. ... _, Page Four Serial No. C-43109 Right -of -Way Grant 5. The holder shall protect all survey monuments, witness corners, reference monuments, and bearing trees within this right-of-way against disturbance during construction, operation, maintenance, and termination of the facilities authorized herein. If any monument, corners, or accessories are destroyed, obliterated, or damaged during construction, operation, or maintenance, the holder shall secure the services of a Registered Land Surveyor to restore the disturbed monument, corners, or accessories, at the same location, using surveying procedures found in the Manual of Surveying Instructions for the Survey of the Public Lands of the United States, latest edition. The holder shall ensure that the Registered Land Surveyor properly records the survey in compliance with Colorado Revised Statutes 38-53-101 through 38-53-112 (1973) and shall send a copy to the authorized officer. 6. All trash, refuse, and discarded or unused material generated during construction shall be removed upon completion of construction and properly disposed of at the Eagle County landfill. 7. If any modification, relocation, or upgrading of the facilities authorized herein is required, the grantee shall apply for an amendment to the right-of-way granted herein. All amendments shall be considered on their own merits, and if granted, shall be subject to the terms and conditions of this grant unless otherwise stated. 8. Applications for amendment for relocation and reconstruction shall include, at a minimum: a. evidence of archaeological inventory completion. b. a completed and approved set of engineering and design plans. C. evidence of consultation and coordination with the Corps of Engineers to obtain necessary permits. d. the design plans shall indicate alternatives considered and mitigation measures being taken to reduce impacts to riparian vegetation and water quality deterioration during construction. Construction 1. The exterior boundaries of the right-of-way shall be flagged prior to clearing activities. All trees, downed timber, and slash shall be removed from the right-of-way prior to earthwork. Pioneer access will be permitted for clearing, skidding, and grubbing of stumps. Brush and slash smaller than 4 inches in diameter shall be lopped and scattered outside the clearing limits. Page Five Serial No. C-43109 Right -of -Way Grant 2. No fill or waste material shall be placed in any drainage, nor will any channel changes be made, without specific BIM approval. Any modifications to drainage will include rip -rap or other types of protection. 3. All reasonable precautions will be taken to protect vegetation along live water drainages and along the Colorado River. This will include strict control of waste materials to prevent spilling waste onto riverbanks or streambanks. To the extent possible, heavy equipment will avoid working fill slopes on the riverbank to maintain present vegetation. 4. Archaeological - inventory and clearance or mitigation must be accomplished and approved prior to any surface disturbance. 5. NO work or surface disturbance is authorized at the above three locations (mile markers 1.8 - 6) or at any other location which would fall outside the existing roadway or drainage disturbance, existing or authorized herewithin, without prior approval by the A.O. Maintenance L: 1. The holder is responsible for continuous inspection and maintenance of the right-of-way covered by the grant to assure that hazards are removed and that the public health, safety, and welfare are protected. The grantee shall conform to a schedule of preventive maintenance and shall take corrective action as needed to maintain the road to the standards as required for the construction of the road. The grantee is responsible for (but not limited to) the following maintenance procedures within the boundaries of the right-of-way: A. Road surface grading. B. Relief ditch and culvert cleaning. C. Erosion control measures for all disturbed areas. D. Drawing and cleaning of existing irrigation ditches within the right-of-way. Rehabilitation 1. When construction of the facilities authorized herein is completed, the holder shall rehabilitate all disturbed areas as directed by and to the satisfaction of the authorized officer.