No preview available
HomeMy WebLinkAboutC05-332 US Department of the Interior_BLM COC69054, page 1 of 3 Form 2800-14 Issuing Office (August 1985) Glenwood Springs Field Office UNITED STATES DEPARTMENT OF THE INTERIOR BUREAU OF LAND MANAGEMENT RIGHT-OF-WAY GRANT SERIAL NUMBER COC69054 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 ECO Trails Department P.O. Box 1070 Gypsum, Colorado 81637 receives a right to construct, operate, maintain, and terminate a public county trail on public lands described as follows: 6th Principal Meridian T. 4 S., R. 86 W. Section 36; Tract 50A T. 5 S., R. 86 W. Section 1 Tract 50A, Lot 8 And as shown on the attached map in Exhibit A. b. The right-of-way or permit area granted herein is 25 feet wide, 5,280 feet long, and contains 3.03 acres, more or less. c. This instrument shall terminate on December 31 , 2034 , unless, prior thereto, it is COC69054, Page 2 of 3 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 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, abandonment, or termination, the provisions ofthis 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 County of Eagle is exempt from rental payments under current rental policy. 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 part 2800, and all other applicable federal, state, and local laws, regulations, and standards. b. Upon grant termination by the authorized officer, all improvements shall be removed from the public lands within 90 days, or otherwise disposed of as provided in paragraph (4)( d) or as directed by the authorized officer. c. Each grant issued for a term of20 years or more shall, at a minimum, be reviewed by the authorized officer at the end of the 20th year and at regular intervals thereafter not to exceed 10 years. Provided, however, that a right-of-way or permit granted herein may be reviewed at any time deemed necessary by the authorized officer. d. The plans, maps, and designs set forth in the Application, the map in Exhibit A, and Special Stipulations and Condition in Exhibit B, 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 ofthe holder to comply with applicable law or any provision ofthis right-of- way grant or permit shall constitute grounds for suspension or termination thereof. f. The holder shall perform all operations in a good and workmanlike manner so as to ensure protection of the environment and the health and safety of the public. COC69054, Page 3 of 3 IN WITNESS WHEREOF, The undersigned agrees to the terms and conditions ofthis right-of-way grant or permit. Signature of Holder Signature of Authorized Officer - Title Associate Field Manager (Date) (Effective date of Grant) . - ~ ~ , BLM , c=J Private 0 0125 025 ...... Map produced by 6ureau of Grand Junction Land Management t \glsuser\c ' Colorado sauvag.llrarl_public 69054 918/2005 - mxd .~ I; .. .-- .f ) J' '.:..~~;,.-' EXHIBIT B , SPECIAL STIPULATIONS, COC69054, Public Trail 1. The holder shall request a preconstruction conference with the authorized officer at least seven days prior to the commencement of construction under this grant. The contact person is Carlos Sauvage at the Glenwood Springs Field Office, phone (970) 947-2842. One purpose of this conference is to determine if any special conditions will be required to limit environmental damage or insure surface stability and trail drainage. 2. All activities shall be confined to the 25' wide right-of-way corridor. 3. The holder shall promptly remove and dispose in an authorized sanitary landfill, all waste generated by its activities. Waste includes, but is not limited to, human waste, trash, garbage, petroleum products, ashes and equipment. No burning oftrash, brush, or any other material shall be allowed. 4. It is the holders responsibility to coordinate with all other rights-of-way holders and adjacent landowners to make sure any conflicts are resolved both with road improvement and future maintenance. 5. The Glenwood Springs Field Manager will be notified at least 30 days prior to relinquishment or expiration ofthe ROW grant. The holder shall contact the authorized officer to arrange a joint inspection of the ROW. This inspection shall be held to determine if the ROW is in acceptable condition. If it is not, then the holder shall be responsible for returning the ROW to a condition acceptableJo the authorized officer. This must be accomplished before relinquishment or expiration ofthe ROW. 6. The trail width shall be maintained at approximately six to ten feet within an up to 25' disturbed area. The trail surface may be graveled or surfaced (paved) as necessary to maintain adequate surface stability. The holder shall perform all operations in a good and workmanlike manner so as to ensure protection of the environment and the health and safety of the public. 7. This grant shall not be assignable without written permission ofthe authorized officer. This Grant may be renewed. Ifrenewed, the Grant shall be subject to the regulation existing at the time of renewal and any other terms and conditions that the authorized officer deems necessary to protect the public interest. 8. Cultural Resources, Education/Discovery Stipulation: All persons in the area who are associated with this project must be informed that if anyone is found disturbing historic, archaeological, or scientific resources, including collecting artifacts, the person or persons will be subject to prosecution. Pursuant to 43 CFR 10.4(g), the BLM authorized officer must be notified, by telephone, with written confirmation, immediately upon the discovery of human remains, funerary items, sacred objects, or objects of cultural patrimony. Further, pursuant to 43 CFR I 0.4 (c) and (d), activities must stop in the vicinity of the discovery and the discovery must be protected for 30 days or until notified to proceed by the authorized officer. If in connection with operations under this contract the project proponent, his contractors, subcontractors, or the employees of any of them, discovers, encounters or becomes aware of any objects or sites of cultural or paleontological value or scientific interest such as historic or prehistoric ruins, graves or grave markers, fossils, or artifacts, the proponent shall immediately suspend all operations in the vicinity of the cultural or paleontological resource and shall notifY the BLM authorized officer ofthe findings (16 U.S.c. 470h-3, 36 CFR 800.112). Operations may resume at the discovery site upon receipt of written instructions and authorization by the authorized officer. Approval to proceed will be based upon evaluation of the resource. Evaluation shall be by a qualified professional selected by the authorized officer from a federal agency insofar as practicable. When not practicable, the holder shall bear the cost of the services of a non-federal professional. Within five working days the authorized officer will inform the holder as to: - whether the materials appear eligible for the National Register of Historic Places; - the mitigation measures the holder will likely have to undertake before the site can be used (assuming in situ preservation is not necessary); and, - a time frame for the authorized officer to complete an expedited review under 36 CFR 800.11, or any agreements in lieu thereof, to confirm through the State Historic Preservation Officer that the findings of the authorized officer are correct and the mitigation is appropriate. The proponent may relocate activities to avoid the expense of mitigation and/or the delays associated with this process, as long as the new area has been appropriately cleared of resources and the exposed materials are recorded and stabilized. Otherwise, the proponent will be responsible for mitigation costs. The authorized officer will provide technical and procedural guidelines for the conduct of mitigation. Upon verification from the authorized officer that the required mitigation has been completed, the proponent will then be allowed to resume construction. Antiquities, historic, prehistoric ruins, paleontological or objects of scientific interest that are outside of the authorization boundaries but directly associated with the impacted resource will also be included in this evaluation and/or mitigation. Antiquities, historic, prehistoric ruins, paleontological or objects of scientific interest, identified or unidentified, that are outside of the authorization and not associated with the resource within the authorization will also be protected. Impacts that occur to such resources, that are related to the authorizations activities, will be mitigated at the proponent's cost. 9. The holder shall insure that all construction and maintenance equipment is washed prior to use to insure removal of weed seeds and their potential transfer to the ROW area. The holder shall monitor the ROW for the presence of weeds which are included on the County noxious weed list (the Garfield County or Colorado State A list). After consulting with the authorized officer, the holder shall control weed infestations which have resulted from the holder's construction, operation, maintenance or use of the ROW. If chemical control is necessary, 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, the weed (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 herbicides shall be approved in writing by the authorized officer prior to such use. 10. The holder shall comply with all applicable Federal laws and regulations existing or hereafter enacted or promulgated. In any event, the holder shall comply with the Toxic Substances Control Act of 1976, as amended (15 U.S.C. 2601 et seq.) with regard to any toxic substances that are used, generated by or stored on the ROW or on facilities authorized under this ROW grant (see 40 CFR, Part 702-799 and especially, provisions on polychlorinated biphenyls, 40 CFR 761.1-761.l93). Additionally, any release oftoxic substances (leaks, spills, etc.) in excess of the reportable quantity established by 40 CFR, Part 117 shall be reported as required by the Comprehensive Environmental Response, Compensation and Liability Act of 1980, Section l02b. A copy of any report required or requested by any Federal agency or State government as a result of a reportable release or spill of any toxic substances shall be furnished to the authorized officer concurrent with the filing of the reports to the involved Federal agency or State government. The holder shall comply with applicable State standards for public health and safety, environmental protection and siting, construction, operation and maintenance, ifthese State standards are more stringent than Federal standards for similar projects. Part l17 shall be reported as required by the Comprehensive Environmental Response, Compensation, and Liability Act of 1980, Section 102b. A copy of any report required or requested by any Federal agency or State government as a result of a reportable release of spill of any toxic substances shall be furnished to the authorized officer concurrent with the filing of the reports to the involved Federal agency or State government. 11. All areas of surface disturbance shall be recontoured to blend with the adjacent natural terrain and shall be hydro seeded with the following seed mixture and application rate: Species of Seed Varietv Application Rate (PLS lbs/acre) Western wheatgrass Arriba 8.0 Sandberg bluegrass 2.0 Bluebunch wheatgrass P7 6.0 Total 16.0 Ibs PLS/acre Application rates are for pure, live seed (PLS). There shall be no primary or secondary noxious weed seed in the seed mixture. Seed shall be tested and the viability testing of seed shall be done in accordance with State law(s) and within nine months prior to purchase. Commercial seed shall be either certified or registered seed. The seed mixture containers shall be tagged in accordance with State law(s) and available for inspection by the authorized officer. The disturbed area will be considered satisfactorily reclaimed when: A. Soil erosion resulting from the operation has been stabilized. B. Vegetative canopy cover equal to or greater than that present prior to disturbance is established, and all species in the seed mix are present in more than trace amounts. C. No noxious weeds occupy the disturbed areas. Additional reclamation actions, including reseeding, may be required until these conditions are satisfied. 12. Signs, boulders or other vehicle barriers shall be placed as needed to deter motor vehicle use on or along the trail route.