HomeMy WebLinkAboutC88-108 temporary use permit with BLM for temporary material storage areai a
C88-108-21
Form 2800 -14 UNITED STATES
(August 1985) DEPARTMENT OF THE INTERIOR
BUREAU OF LAND MANAGEMENT
YTEMPORARY USE PERMIT
1. A X0gKV0%XXA (permit) is hereby granted pursuant to:
a. [—x] 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. F—] Other (describe)
2. Nature of Interest:
Issuing Office
Serial Number
CO- 010 - TIT- KRA -88 -2
a. By this instrument, the holder Eagle County receives a
right to construct, operate, maintain, and terminate a temporary material storage area
on public lands (or Federal land for MLA Rights -of -Way) described as follows:
T. 2S,, R. 82W., 6th Principal Meridian
Section 7, Lot 21
b. The tight£ kXp[70Kpermit area granted herein is 208 feet wide, 208 feet long and contains 1.0 acres, more or
less. If a site type facility, the facility contains acres.
c. This instrument shall terminate on 10/02/90 tWO 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 M may ❑ 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 CO- 010- Tu- KRA --88 -2
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 BLr1
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, rcdenticides, 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.
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.
c
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: