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HomeMy WebLinkAboutC88-101 right of way grant Title V BLM} UNITED STATES DEPARTMENT OF THE INTERIOR BUREAU OF LAND MANAGEMENT AMENDMENT TO RIGHT -OF -WAY GRANT, TITLE V Issuing Office Craig District Serial Number C -43109 Expiration Date 6 -23 -2016 C88- 101 -21 On June 24, 1986, Eagle County was granted right -of -way C -43109 for the construction, operation and maintenance of a County Road under the authority of Title V of the Federal Land Policy and Management Act of October 21, 1976 (90 Stat. 2776; 43 U.S.C. 1761) . On August 5, 1988, Eagle County applied for an amendment of right -of -way C -43109 to widen the road from 60 feet to 160 feet on County Road #11 between mile marker 3.25 and 3.60 (1848 feet in length adding 4.24 acres) on the following public land: Township 2 South, Range 82 West, 6th Principal Meridian Section 7, lots 15, 16 and 21 The grant of June 24, 1986, 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 24, 1986, shall remain in their original form and continue in full force and effect. EAGLE COUNTY, By and Through Its Board of County Commissioners George A. Gates, Chairman September 26, 1988 UNITED STATES OF AMERICA D i tric t Man ger Craig District Office Bureau of Land Management Effective Date EXHIBIT °B^ STIPULATIONS C -43109 AMENDMENT A. Standard Stipulations 1. If, in its operations, the operator discovers any cultural remains, monuments or sites, or any object of antiquity subject to the Antiquities Act of June 8, 1906 (34 Stat. 225; 16 U.S.C. secs. 431 -433), the Archaeological Resources Protection Act of 1979 (PL 96 -95), and 43 CFR, Part 3, the operator shall immediately cease activity and report directly to the Area Manager. The Bureau will then take such action and shall follow the mitigation requirements set forth by BLM concerning protection, preservation, or disposition of any sites or material discovered. In cases where salvage excavation is necessary, the cost of such excavation shall be born by the operator, unless otherwise agreed upon. 2. The holder shall comply with the applicable Federal and State laws and regulations concerning the use of pesticides (ie. insecticides, herbicides, fungicides, rodenticides, and other similar substances) in all activities and /or operations under this right -of -way grant. The holder shall obtain from the authorized officer approval of a written plan prior to the use of such substances. The plan must provide for the type and quantity of material to be used; the pest, insect, fungus, etc., to be controlled; the method of application; the location for storage-and disposal of containers; and other pertinent information that the authorized officer may require. The plan should be submitted no later than December 1 of any calendar year that covers the proposed activities for the next fiscal year. Emergency use of pesticides may occur. The use of substances on or near the right -of -way area shall be in accordance with the approved plan. A pesticide shall be used only in accordance with its registered uses and without other limitations if the Secretary of the Interior has not imposed restrictions. A pesticide shall not be used if the Secretary has prohibited its use. Pesticides shall not be permanently stored on public lands authorized for use under this right -of -way grant. 3. No burning of trash, litter, trees, brush, or other vegetative material generated by clearing the right -of -way shall be allowed under this grant. 4. 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 the holder prior to the holder's commencing construction and /or surface disturbing activities on the right -of -way. C"I 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. B. Special Stipulations 1. 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 widening of Eagle County Road 11 between mile markers 3.25 and 3.60. 2. 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 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. 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 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 %) 3. 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 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. 4. The holder shall fertilize all reseeded areas with 100 pounds of available nitrogen per acre.