HomeMy WebLinkAboutC87-201 right of way grant/temporary use permit with BLMe�
Form 2800-14
(August 1985)
(36
Cl) ).
C87-201-50
UNITED STATES
DEPARTMENT OF THE INTERIOR
BUREAU OF LAND MANAGEMENT
RIGHT-OF-WAY GRANT/TEMPORARY USE PERMIT
1. A X1'4bU63W(permit) is hereby granted pursuant to:
a. F-1 Title V of the Federal Land Policy and Management Act of October 21, 1976 (90 Stat. 2776;
43 U.S.C. 1761);
b. F—] Section 28 of the Mineral Leasing Act of 1920, as amended (30 U.S.C. 185);
c. ❑ Other (describe)
2. Nature of Interest:
Issuing Office
Kremmling, CO., Resource Area
Serial Number
C0-010—KRA-83-01
a. By this instrument, the holder Eagle County receives a
right to construct, operate, maintain, and terminate a County Road
on public lands (or Federal land for MLA Rights -of -Way) described as follows:
T. 2S., R. 83W., 6th Principal Meridian
Section 24, NW -4
372.533
BOO K.—J(-L.Yd-�
?A G E. c�?
!ItINC T TE PHILLIPS c;
EAGLE CTY. RECOPGEP
D. -.c 31 9 51 AN '87
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b. The right-of-way or permit area granted herein is 300 feet wide, 1050 feet long and contains 7.23 acres, more or
less. If a site type facility, the facility contains acres.
c. This instrument shall terminate on Jan. 30, 1990 3 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 CYmay 0 may not be renewed. If renewed, the right-of-way or permit 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.
e. Notwithstanding the expiration of this instrument or any renewal thereof, early relinquishment, abandoment, 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.
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Exhibit "B"
'Stipulations for Temporary Use Permit CO -010-86-0.1
A. Standard Stipulations
Irjy (cultljral andlor paleontological resource historic or
prehistoric site or _,)oject) discovered by the holder, or
any person ijorking on his behalf, on public or federal land
shall be iimmediateiy reported to the autnorized offi,,:;er.
HoL,,_-Iler shall suspend all operations in the immediate area
,jil such discovery until written authoriZation to proceed _Ls
issued ty uhe authorised officer. An evaluation +-.f r_h�
d1.` -over`. __ . /q.L -
o , � 1 � b e i Thad' b,t,, t h a :atm t h o r i d cif f 10 _- r t 0
d a It e r m:L f -, -3 appropriate actiuns t,D prevent the loss oi
significant cultural or scientific values. The :-)older will
!3e iesp(Dnsible f. -)t- ti -,e cost of evaluation and any decision
"s to oi-cper initigat:Lon measures .,jill be made by the
au r- (, r - -a d 3 f inar al=ter consulting with
the holder.
2. Use of pesticides shall comply with the applicable Federal
and State laws. Pesticides shall be used only in
accordance with their registered uses and within
limitations imposed by the Secretary of the Interior.
Prior to the use of pesticides, the holder shall obtain
from 'the authorized officer written approval of a plan
showing the type and quantity of material to be used,
pest(s) to be controlled, method of application, location
of storage and disposal of containers, and any other
information deemed necessary by the authorized officer.'
Emergency use of pesticides shall be approved in writing by
the authorized officer prior to such use.
3. The holder shall contact the authorized officer at least S
days prior to the anticipated start of construction and/or
any surface disturbing activities. The authorized officer
may require and schedule a preconstruction conference with
the holder prior to the holder's commencing construction
and/or surface disturbing activities on the right-of-way.
The holder and/or his representative shall attend this
conference. The holder's contractor, or agents involved
with construction and/or any surface disturbing activities
associated with the right-of-way, shall also attend this
conference to review the stipulatibns of the grant
including the plan(s) of development.
B., Special Stipulations
i. All construction areas will be blocked so as to limit use
to construction vehicles and to no vehicles during
non -construction periods.
L. All Pinyon Pine and Juniper Trees with a base diameter
(measured 3 inches above normal ground level) of I-- inches
or more will be cut, limbed and stacked in an area just
outside the right -o -If -way area and at area: identified by
the authorized officer.
The holder shall install culvert outlet paving (ripi-ap) at
all --ulvarts which have their outlet situated on fill
slopes. The outlet paving shall extend from the culvert
,jut"et continuously until it reaches the natural,
undisturbed floor of the drainage. Continuous outlet
paving shall be placed at stations 12+90, 71+68, 83+90 and
at other stations determined by the authorized off icer .
4. The holder shall reclaim all disturbances including
temporary use areas. All reclamation practices shall be
completed within one year of the date of completion of the
rerouting of Eagle County Road 11.
M
5. The holder shall seed all disturbed areas with the seed
C.- mixture listed below. The seed mixture shall be planted in
the amounts specified in pounds of pure live seech
(PLS)/acre. There shall be no primary or secondalry noxious
weeds in the seed mixture. S(�ed shall be tested and the
viability testing of seed shall be done in accordance with
State law and within 9 months prior to purchase.
Commercial seed shall be either certified or registered
seed. The seed mixture container shall be tagged in
accordance with State law and available for inspection by
the authorized officer.
Seed shall be planted using a drill equipped with a depth
regulator to ensure proper depth of planting (1/2 inch)
where drilling is possible (slopes less severe than 2:1).
The seed mixture shall be evenly and uniformly planted over
the disturbed area (smaller/heavier seeds have a tendency
to drop to the bottom of the drill,and are planted first).
The holder shall take appropriate measures to ensure this
does not occur. Where drilling is not possible (slopes
more severe than 2:1), seed shall be broadcast and the area
shall be raked or chained to cover the seed. When
broadcasting the seed, the pounds per acre noted below
shall be doubled. The seeding shall be repeated until a
satisfactory stand is established as determined by the
authorized officer. Evaluation of success of revegetation
will not be made before completion of the third growing
^^ ' ��\
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season after seeding' The authorized officer is to be
notified a minimum of 2 days prior to seeding of the
project. Evaluation of seedling success, to determine if
additional measures shall be taken by the holder, will be
made after -the first growing season'
Seed Mixture
Zmdian R, --,-e grass 2
Pubescent Wheatgrzsss (Luna) �
8luebunch Wheatgrass 3
Western Wheatgrass 3
White Dutch Clover 2
Total 13 lbs/acre PLS
(PLS Formula: of germination (x) % of purity Cx) lOO-)
The holder shall mulch disturbed areas designated by the
authorized officer. The type of mulch shall meet one of
the following requirements:
a. Hay shall be of approved herbaceous mowings, free from
noxious weeds or other objectionable material as
determined by the authorized officer. Hay shall be
suitable for placing with mulch blower equipment when
applied on slopes more severe than 2:1. Hay mulch
shall be crimped in place when applied to slopes which
are less severe than 2:1. * �
b' Wood cellulose fiber shall be na-tural or cooked wood
cellulose fiber, shall disperse readily in water, and
shall be nontoxic. The homogeneous slurry or mixture °
shall be capable of application with power spray
equipment. A colored dye that is noninjurious to plant
growth may be used when specified. Wood cellulose
fiber shall be packaged in new, labeled containers.
Wood cellulose fiber shall only be used on slopes more
severe than 1:1'
6. The holder shall fertilize all reseeded areas with 100 pound
of available nitrogen per acre.
°
7. The holder shall erect barriers designed to block vehicle
access to reclaimed areas' Reclaimed are/as shall be blocked
at critical junctions or topographic features to effeotiveIy
stop or curtail post construction vehicle use. Barriers
shall consist of boulders at least 24 inches in diameter
which are bedded to provide effective vehicle barriers.
Location and frequency of boulders shall be determined by
the authorized officer. Barriers shall be placed with the
intention that they become permanent features. All barriers
shall be in place within one year of completion of
construction.
UNITED STATES
DEPARTMENT OF INTERIOR
BUREAU OF LAND MANAGEMENT
Amendment to Right -of -Way Grant, Title V
Issuing Office
Craig District Office
Serial Number - C-43109
Expiration Date - 6/11/2017
On June 12, 1987, Eagle County was granted a right-of-way, C-43109, for
a county road (known as County Road #11) under the authority of Title V
of the Federal Land Policy and Management Act of Oct. 21, 1976 (90
stat. 2776; 43 U.S.C. 1761).
On Nov. 9, 1987, Eagle County applied for an amendment of Right -of -Way
Grant C-43109 to reroute a segment of County Road #11 on the following
described public land.
RK
0 Township 2
Section 13,
24,
2S,
W 1/2 SE 114
NW 1/4, W 1/2 SW 1/4
NW 1/4 NW 1/4
The grant of June 12, 1987, is hereby amended to include authorization
to occupy and use the public lands as described. This amendment is
issued subject to the holder's compliance with all applicable
regulations contained in Title 43 Code of Federal Regulations Part
2800. The terms, conditions, and stipulations of the grant of June 12,
1987, shall remain in their original form and continue in full force
and effect. The amended portion will carry additional construction
stipulations that will apply to the construction period only and all
original terms, conditions and stipulations approved June 12, 1987 will
apply to the rerouted road segment.
1. P . e,-.. c- e m b e- r. -2-1-11-1-1111-193711.. - ........ ............
Date Signed
United States of America
. . ..... .. . ..... ....... ..
Manager
Craig District
Bureau of Land Management
Effective Date
16 , "Ni 1� ( X 4417
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Exhibit "B" C11
Stipulations- for Right -of -Way C-43109 Amendment
A. Standard Stipulations
1. Any cultural, and/or Paleontological resource (historic or
prehistoric site or object) discovered by the holder, or
any person working on his behalf, on public or Federal land
shall, be immediately reported to the authorized officer.
Holder 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 to
determine appropriate actions to prevent the loss of
significant cultural or scientific values. The holder will
be responsible for the cost of evaluation and any decision
as to proper mitigation measures will be made by the
authorized officer after consulting with the holder.
2. Use of Pesticides shall comply With the applicable Federal
and State laws. Pesticides shall be used only in
accordance with their registered uses and within
limitations imposed by the Secretary of the Interior.
Prior to the use Of Pesticides, the holder shall obtain
from the authorized officer written approval
of a plan
Showing the type and quantity of material to be used,
Pest(s) to be controlled, method of application, location
of storage and disposal of containers, and any other
information deemed necessary by 'the authorized officer.
Emergency use of Pesticides shall, be approved in writing by
the authorized officer prior to such use,
3. The holder shall contact the authorized officer at least 5
days prior to the anticipated start of construction arid/or
any surface disturbing activities. The authorized officer
may require and schedule a preconstruction conference with
the holder prior to the holder's commencing construction
and/or surface disturbing activities on the right-of-way.
The holder, and/or his representative shall attend this
conference. The holder's contractor, or agents involved
with construction and/or any surface disturbing activities
associated With 'the right-of-way, shall also attend this
conference to review the stipulations of the grant
including the plan(s) Of development.
4. Thirty days prior to completion of construction the holder
will file a request for deletion of the old road segment
and for a construction inspection on the new road segment.
B -.Special Stipulations
CII
1. All construction areas will be blocked so as to limit use
to construction vehicles and to no vehicles during
non -construction periods.
2. All Pinyon Pine and Juniper Trees with a base diameter
(measured 8 inches above normal ground level) of 12 inches
or more will be out, limbed and stacked in an area just
Outside the right-of-way area and at areas identified by
the authorized officer.
3. The holder shall install culvert outlet paving (riprap) at
all culverts which have their outlet situated on fill
Slopesn The Outlet Paving shall extend from the culvert
outlet continuously until it reaches the natural,
undisturbed floor of the drainage. Continuous outlet
paving shall be placed at stations 12+90, 71+68, 83+90 and
at other stations determined by the authorized officer.
4. The holder shall reclaim all disturbances including
temporary use areas. All reclamation practices shall be
completed within one year, of the date of completion of the
rerouting of Eagle County Road 11.
S. The holder shall seed all disturbed areas with the seed
mixture listed below. The seed mixture shall be planted in
the amounts specified in pounds of pure live seed
(PLS)/acre. There shall be D.P.primary or secondary noxious
weeds in the seed mixture. Seed shall be tested and the
viability testing of seed shall be done in accordance with
State law and within 9 months prior to purchase.
Commercial seed shall be either certified or registered
seed. The seed mixture container shall. be tagged in
accordance with State law and available for inspection by
the authorized officer.
Seed shall be planted using a drill equipped with a depth
regulator to ensure proper depth of planting (1/2 inch)
where drilling is Possible (slopes less severe than 2,-,1).
The seed mixture shall be evenly and uniformly planted over
the disturbed area (smaller/heavier seeds have a tendency
to drop to the bottom of the drill and are planted first).
The holder shall take appropriate measures to ensure this
does not occur. Where drilling is not Possible (slopes
more severe than 2:1), seed shall be broadcast and the area
shall be raked or chained to cover the seed. When
broadcasting the seed, the pounds per acre noted below
shall be doubled. The seeding shall be repeated until a
satisfactory stand is established as determined by the
authorized officer. Evaluation of success of revegetation
will not be made before completion of the third growing
season after seeding. The authorized officer is to be
notified a minimum of 2 days prior to seeding of the
project. Evaluation of seedling success, to determine if
additional measures shall be taken by the holder, will be
made after the first growing season.
Seed Mixture
Sp.ecies Pounds Per Acre PLS
Indian Rice grass 2
Pubescent Wheatgrass (Luna) 3
Bluebunch Wheatgrass 3
Western Wheatgrass 3
White Dutch Clover 2
Total 13 lbs/acre PLS
(PLS formula: % of germination (x) % of purity (x) 100%)
The holder shall mulch disturbed areas designated by the
authorized officer. The type of mulch shall meet one of
Ln the following requirements:
a. Hay shall be of approved herbaceous mowings, free from
noxious weeds or other objectionable material as
determined by the authorized officer. Hay shall be
suitable for placing with mulch blower equipment when
applied on slopes more severe than 2.1. Hay mulch
shall be crimped in place when applied to slopes which
are less severe than 2.1.
b. Wood cellulose fiber shall be natural or cooked wood
cellulose fiber, shall disperse readily in water, and
shall be nontoxic. The homogeneous slurry or, mixture
shall be capable of application with power spray
equipment. A colored dye that is noninjurious to plant
growth may be used when specified. Wood cellulose
fiber shall be packaged in new, labeled containers -
Wood cellulose fiber shall only be used on slopes more
severe than 1.1.
6. The holder shall fertilize all reseeded areas with 100 pound
of available nitrogen per acre.
7- The holder shall reclaim all abandoned portions of Eagle
County Road 11.
a. The holder shall recontour all areas of the abandoned
roadbed except for specific areas as agreed upon by the
holder and BLM's authorized officer.
b. The holder shall prepare the seedbed along all portions
of the abandoned roadway, including barrow ditches, by
scarifying the disturbed area.
the holder shall construct waterbars on all disturbed
areas of the abandoned roadway and barrow ditches to
the spacing and cross sections specified by the
authorized officer. Waterbars are to be constructed
toy (1) simulate the imaginary contour lines of the
slope (ideally with a grade of one or two percent); (2)
begin and end in vegetation or rock whenever possible.
Waterbar spacing standard
0-2% grade 200 foot interval
2-4% grade 100 foot interval
4-5% 75 grade 75 foot interval
5-15% grade 50 foot interval
15%, + grade 25 foot interval
Waterbars will be placed by the holder to cross
sections standards described by the authorized officer
after the abandoned roadway has been scarified.
du The holder shall remove all debt -is, trash, etc. from
the abandoned road segment during rehabilitation.
B. The holder, shall erect barriers designed to block vehicle
access to reclaimed areas. Reclaimed areas shall be blocked
at critical junctions or topographic features to effectively
stop or curtail post construction vehicle use. Barriers
shall consist of boulders at least 24 inches in diameter
which are bedded to provide effective vehicle barriers.
Location and frequency of boulders shall be determined by
the authorized officer. Barriers shall be placed with the
intention that they become permanent features. All barriers
shall be it,) place within one year of completion of
construction.
