HomeMy WebLinkAboutC88-065 Right of Way Grant with BLMC88-65-21
UNITED STATES
DEPARTMENT JUN 201988 ENT OF THE INTERIOR
BUREAU OF LAND MANAGEMENT
EAGLE COUNTY
Right-of-Way Grant Amendment Serial No.: C-43109
Expiration Date: June 11, 2017
This amendment, entered into on JUNE 24, 1988 , by the Bureau
of Land Management and Eagle County Board of Commissioners, holder, is hereby issued
under Title V of the Federal Land Policy and Management Act of October 21, 1976
(90 Stat. 2776; 43 U.S.C. 1761). The right-of-way is issued subject to all applicable
federal, state, and local laws and regulations, now or hereafter in force, including
Title 43, Code of Federal Regulations.
The purpose of this amendment is to grant a right-of-way for a constructed road to
Eagle County to consolidate their transportation system.
Sec. A. Details of Grant Amendment
1. Location of Amendment: The holder is hereby authorized to use, subject to the
terms, conditions, and stipulations set out below, the following-described
public land:
Sixth Principal Meridian, Colorado
T. 5 S., R. 83 W., Section 2: Lot 8
Section 11: Lot 2
2. Description of Amendment: The holder is hereby authorized to place the road
within their transportation system and provide maintenance as needed and allow
unrestricted public access and use of the road.
3. Dimensions of Amendment: The amendment authorized herein shall be within the
existing road right-of-way which is 60 feet in width and approximately 1.,274.8
feet in length, containing approximately 17.56 acres.
A map showing the location of the amendment across the above-described public land is
attached hereto as Exhibit A.
This amendment may be used only for the purposes specified above.
1. All other terms, conditions, and stipulations of the right-of-way grant dated
June 12, 1987, remain unchanged and in full force and effect.
2. All rights and privileges of other holders of rights-of-way on this section of
road will be honored.
7
RIGHT -OF -WAY AMENDMENT Serial No. C -43109
PAGE TWO
Sec. C. Execution and Agreement
This right -of -way amendment, and the authority to use the public land described
above, shall become effective on the date it is executed by an authorized
officer of the Bureau of Land Management. Execution of this document
constitutes the agreement between the holder and the United States that, in
consideration of the right to use federal lands, the holder shall abide by all
terms, conditions, and stipulations contained in the original grant, as modified
by this amendment, and the provisions of applicable lawa�d regulations.
For Execution by the Holder:
ate: D -7 - — g
Enclosure
Exhibit A - Map
on bk- tHeNnited States:
The Unit 0d States of Ahnerica.
istrict Manager
Grand Junction District Office
Bureau of Land Management
Date:
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EXHIBIT A �
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'ight~o+-way application COC 43109 !
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83 W.,
82 W.,
83 W.;
84 W.
85 W.
85 W.
86 W.
86 W.,
86 W.,
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Section: 31
Sections: 2, 3, 4, 5, 7,
8, 18
Sections: 6, 13, 24, 25
Sections: 1, 2, 3, 8, 9, 10,
17, 18, 19
Sections: 14, 21, 22, 28, 29,
31, 32
Sections: 6, 7, 18, 19
Sections: 24, 26, 34, 35
Sections: 9, 10, 16, 17, 18,
19, 29, 30, 31
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.
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Page Two C -43109
Right-of-Way Grant
7.
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 ESS WHE OF, The undersigned agrees to the terms and conditions of this
ri t- of -wav ant. .,
Signrre/j of
(Signature of Authorized Officer)
Acting Dis ►r i::: _ --eager
(Title)
6�ra /g7
(Date)
Enclosures:
Exhibit A - Maps -Road 301
Exhibit B - Maps -Road 11
Exhibit C - Special Stipulation, Terms and Conditions
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Page Three Serial No C -43109
Right -of -Way Grant
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
ROAD 11:
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.
s3
Page Four -43109 No. C
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.
re. 4
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
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.
UNITED STATES Issuing Office
DEPARTMENT OF INTERIOR Craig District Office
BUREAU OF LAND MANAGEMENT Serial Number C -43109
Amendment to Right -of -Way Grant, Title V' Expiration Date - 6/11/2017•
On June 12, 1987, Eagle County was granted a right -of- ways 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.
Township 2quth Ranae 83 West 6t1� Princi __
�.__.._.._..___._._.___.._ d
Section 13, W 1/2 SE 1/4
24, NW 1/4, W 1/2 SW 1/4
25, 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
2300. 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, 1967 will
apply to the rerouted road segment.
December.,... 21., .... 19$ 7_. ....__.._._.....__._...._._._._
Date Signed
United States of America
District M a n as e r
Craig District
Bureau of Land Management
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F..ffec:tive Date.
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/3d' ^n ^) Amendment 9
0'Ife-
.. rr .Exhibit
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Stipula .,s for Right -of -Way C -431• ,, 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.
Hodder 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.
�- 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 'off i' er.
Emergency use
of pesticides shall be approved in writingy`
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 and /or
any surface disturbing
activities. The authorized officer
may require and schedule
a preconstruction conference with f .:
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, hall
Y 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.
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B : Special Stipulati
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 abase diameter
(measured 8 inches above normal ground level) of 12 inches
or more will be cut, 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
slopes. 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.
5. 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
/acre.. There shall be no 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 r
Commercial seed shall be either certified or registered r pF
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 finch)
where drilling' is possible (slopes less' severe than
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
Species 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
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'.iulch
shall be crimped in place when applied to elopes wh ch
are less severe than 2:1.
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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.celiulose
:fiber shall be packaged in new, labeled containers.t
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.
a
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c, 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.
to (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 *10- 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.
d. The holder shall remove all debris, trash, etc. from
the abandoned road segment during rehabilitation.
8. 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 in place within one year,of completion of
construction_ r
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