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Home My WebLink AboutC06-198 UNITED STATES Issuing Office - Kremmling Field Office DEPARTMENT OF THE INTERIOR Serial Number - COC- 43109 BUREAU OF LAND MANAGEMENT Expiration Date - 6-11-2017 AMENDMENT TO RIGHT-OF-WAY GRANT, TITLE V On June 12, 1987, Eagle County was granted right-of-way C-431 09 for the right to construct, operate and terminate county roads 301 and 11 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 December 23, 1987, Eagle County was granted an amendment to reroute a segment of County Road #11, T. 2S., R. 82W., sec. 13,24,25 (10,993 ft X 40-80 ft., mile marker.5 to 2.0). On June 24, 1988, Eagle County was granted an amendment to add a road in T. 58., R. 83W., sec. 2: Lot 8 and sec. 11: Lot 2 (1275 ft. X 60 ft. adding 17.56 acres). On September 29, 1988, Eagle County was granted an amendment to widen the road from 60 feet to 160 feet on County Road #11, T. 2S., R. 82W., sec. 7, between mile marker 3.25 and 3.60 (1848 ft. in length adding 4.24 acres). On August 7, 1992, Eagle County was granted an amendment to add a road in T. 4S. and T. 5S., R. 86W., within Tract 49 (298.79 ft. X 35 ft. and 1572.04 ft. X 70 ft. adding 2.77 acres). On November 4, 1994, Eagle County was granted an amendment to reconstruct County Road #11 from Yarmony Bridge to the beginning of previous reroute (mile marker 2.0 to 3.2). This amendment was 6400 feet long and 160 feet wide and added 11.75 acres. On July 13, 2005, Eagle County requested an amendment to construct and maintain a ramp off of County Road 11 at Yarrnony Bridge to the Colorado River to pump water for road maintenance activities. The ramp will be 100 ft. in length and 15 feet wide adding .03 acres. Land Involved Sixth Principal Meridian, Colorado T. 2S., R. 82W., Sec. 7: Lots 16 The grant of June 12, 1987, is hereby amended to include the public land listed above. 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 and conditions, of the grant of June 12, 1987, shall remain in their original form and continue in full force and effect and apply equally to this amendment along with the stipulations attached to this amendment. Eagle County Commissioners UNITED STATES OF AMERICA sD Jl I ~/! ) ... J) Jul)} l ~'lu (. 'l/'~_' Field Manager ) Kremmling Field Office Bureau of Land Management Effective Date 'IvIay 4, 2006 EXHIBIT "B" STIPULATIONS FOR RlGHT-OF-WAY AMENDMENT COC-43109 1. The holder shall contact the authorized officer at least 4 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 alVor his representative shall attend this conference. 2. The holder shall conduct all activities associated with the construction, operation, and termination of the right-of-way within the authorized limits of the right-of-way. " Boulders will be placed on the south side of the Trough Road to stop trailer access to the river but allow J. foot access. 4. The holder shall be responsible for weed control on disturbed areas within the limits of the right-of-way. The holder is responsible for consultation with the authorized officer and/or local authorities for acceptable weed control methods (within limits imposed in the grant stipulations). 5. 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 \\-'Titing by the authorized officer prior to such use. 6. The holder(s) shall comply with all applicable Federal laws and regulations existing or hereafter enacted or promulgated. In any event, the holder(s) shall comply with the Toxic Substances Control Act of 1976, as amended (15 USe. 2601, et seq.) with regard to any toxic substances that are used, generated by or stored on the right-of-way or on facilities authorized under this right-of-way grant. (See 40 CFR, Part 702-799 and especially, provisions on polychlorinated biphenyls, 40 CFR 761.1-761.193.) Additionally, any release of toxic 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 102b. 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. 7. No construction or routine maintenance activities shall be performed during periods when the soil is too wet to adequately support constru.ction equipment. If such equipment creates ruts in excess of 4 (four) inches deep, the soil shall be deemed too wet to adequately support construction equipment. 1 '8. The holder shall utilize erosion control practices during and after construction to minimize soil loss and prevent siltation of water bodies. The holder shall monitor the site for soil loss and will take any necessary steps to prevent soil loss during the life of the right-of-way. 9. Holder shall maintain the right-of-way in a safe, usable condition, as directed by the authorized officer. 10. The holder is responsible for informing all persons in the area who are associated with this project that they will be subject to prosecution for disturbing historic or archaeological sites, or for collecting artifacts. The holder shall immediately bring to the attention of the Authorized Officer any and all antiquities, or other objects of historic, paleontological, or scientific interest ine! uding but not limited to, historic or prehistoric ruins or artifacts DISCOVERED as a result of operations under this authorization (16 D.S.C. 470.-3,36 CFR 800.112). The holder shall immediately suspend all activities in the area of the object and shall leave such discoveries intact until written approval to proceed is obtained from the Authorized Officer. Approval to proceed will be based upon evaluation of the object(s). Evaluation shall be by a qualified professional selected by the Authorized Officer from a Federal agency insofar as practicable (BLM Manual 8l42.06E). 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 timeframe for the Authorized Officer to complete an expedited review under 36 CFR 800.11 to confirm, through the State Historic Preservation Officer, that the findings of the Authorized Officer are correct and that mitigation is appropriate. If the holder wishes, at any time, to relocate activities to avoid the expense of mitigation and/or the delays associated with this process, the Authorized Officer will assume responsibility for whatever recordation and stabilization of the exposed materials may be required. Otherwise, the holder will be responsible for mitigation costs. The Authorized Officer will provide technical and procedural guidelines for the conduct of mitigation. Dpon verification from the Authorized Officer that the required mitigation has been completed, the holder 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 directlv 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 holder's cost. Stipulations that specifically apply to known cultural, paleontological, antiquities and objects of scientific interest are attached. 2 II. Pursuant to 43 CFR 10 A(g), the holder of this authorization must notifY the authorized officer, by telephone, with written confirmation, immediately upon the discover; of human remains, funerary items, sacred objects, or objects of cultural patrimony. Further, pursuant to 43 CFR 10.4 (c) and (d), you must stop activities in the vicinity of the discovery and protect it for 30 days or until notified to proceed by the authorized officer. 12. Ifpaleontological materials (fossils) are discovered during construction activities, the operator is to immediately stop activities that might further disturb such materials and contact the authorized officer. The operator and the authorized officer will consult and determine the best option for avoiding or mitigating the paleontological site. 13. One month prior to termination of the right~of-way, the holder shall contact the authorized officer to arrange a joint inspection of the right-of-way. This inspection will be held to agree to an acceptable termination (and rehabilitation) plan. This plan shall include, but is not limited to, removal of facilities, drainage structures, or surface material, recontouring, topsoiling, or seeding. The authorized officer must approve the plan in \YTiting prior to the holder's commencement of any termination activities. 3 - ~ ~. .. -. ,Prf · ..~' , ft" Il. y,~~",~ .: Yarmony BridgE I', ..if . ...... · t t~ t"l. Ir<,' "',.. '\" t",,. i .'J> tit- \_ "oj. f . ~ . ' · . 't: ~, i'~ I · fll ..., "f.;,," J ( '!l .1 '/tJII \. ' . ," '~, · 'I . t' ,If'" ", ,\., I '" . ...,', t'tt i~ ,. ~ 1.'f'I. l~';i! 'It,:- \ !,t, P"'*..,' . " . ........ J . \ .. ." '" r."ri:'. .,\'"1>,,' · .... 'At .,..,.;. f ..",. ~'" \." II: n iii. 1',.A. " ,..~ · t 't ( "., '~... "~/~ .." ,. "~'1~~h ~1t ."~<,i'i\!'* fiJ; t. ~~~ '. .. '.., # t ',' ~'" ;. ~ tl" t""~. ".. <il~>> "'iP~,' !!If ~, ' ~ ~", · I '. \'" :t ~>J ,'" '",. ... t.t, , ! '" ' f." . t . )I,;';, . . 1\.' i \ 'I ",', .'".,'t1 '. 'i;if;~' ~c: ~<\ ' I '" .~ ". "$I'~~" _It ~\ ilL' * il"~ ' A,\~~l 1~ ,~ .,.' ''" I I '~.~K~""'\Ii'i!'~ ." '., ~".IJtf." ~" ,,_," f{$If__~_+__.,_( ik il'iiffi ~,W! ,~ "'~ . " ~~ " , .j1Il~..~., ;;\ \^". . "~'J'f'~;. " ~'f: ,.~ ' .;r,iV \~.' I~) ,', ',' f' " , . ",P" .J , "''''' .i ' "'" ' '-; ';y . ,'~ '\'1" H jl * . f C\>, \~~~0~iA-,,','t , ~ . . .,. l \' .. , ~..'. It ' , )l1 ~~ · /II !" ... t .1\ i . * . ,,'" ...., ".. ,,' ~,. , . , .' ~ ~ ..t \ .. ';, I .. ~ '. ,. ~t~.'. ' " ",; , . ~ ill"" t 1f . .~ ,,~"" l 'n: 1\ . ~ " .,.. t. I . " ftt t;;~' jI" t '" . ,- < , 'i ~; 11Il ... . ). l f ~ 4 ~ ' 1 ,,,y 1)~,j'. " jj ;~" '.'" . n~ "'- It . , . " "{ ,~~ * l:t\GU: :O~}NI y CD Ex 1ST \ NL~ '0i/~T E)<." i~CCt:..<-::'S P0\NT"~ N + CD EXYSTlt'-.i6 PAi~i<II'-1c....\ AR.EJ\ USE OF i1-IlS MAP SHOULD BE FOR GENERAl AND INFORMATIONAL PURPOSES aNt y, EAGLE COUN'lY DOES NOT @ PKCPC""-)CD \i\/;'XIER /\(~C.E..<,-)'~.) PU!N T' WARRANT THE ACCURACY OF THE INFORMATION CONTAINED HEREIN, 100 0 100 200 Feet S ~- , AUTHOR. P8UlMtl8'l'el'lS DATE: APRIL 21, 2005 SCALE: 1'''200' t:aglp County Water Accesr N w<t-E COv-43109 Amendment s ~ --- - T. 25., R. 82W. - ;1 ",,",J' .' : .1 . ..,-l 1 ,..~ f Water Access Point I f .~ " . .-' , I ,;~~~,".. ~. '. Legend - ~ I Miles General Location Map - Major Roads 0 0.1 0.2 0.4 0.6 Wforning Colorado Walden land Status 1 :24,000 ~ Bureau of Land Mgt Granby Division of Wildlife , National Park Maps: Radium & McCoy Kremmling Winter Park National Rec Area BLM, Kremmling FO 05J0412006 ~ ~8 . National IMldlife Refuge ~ Denver No Warranty is made by the Private Bureau of Land Management State as to the Accuracy, Reliability, State Fore& or Completeness of this Data us Forest Service for Individual Use or Aggregate Use with Other Data. ('!o~ ,," lJNITED STATES Issuing Office - Kremmling Field Office DEPARTMENT OF THE INTERIOR Serial Number - COC- 43109 BUREAU OF LAND MANAGEMENT Expiration Date - 6-11-2017 AMENDMENT TO RIGHT -OF- WAY GRANT, TITLE V On June 12, 1987, Eagle County was granted right-of-way C-43 109 for the right to construct, operate and terminate county roads 301 and 11 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 December 23, 1987, Eagle County was granted an amendment to reroute a segment of County Road #11, T. 2S., R. 82W., sec. 13,24,25 (10,993 ft X 40-80 ft., mile marker.5 to 2.0). On June 24, 1988, Eagle County was granted an amendment to add a road in T. 5S., R. 83W., sec. 2: Lot 8 and sec. 11: Lot 2 (1275 ft. X 60 ft. adding 17.56 acres). On September 29, 1988, Eagle County was granted an amendment to widen the road from 60 feet to 160 feet on County Road #11, T. 2S., R. 82W., sec. 7, between mile marker 3.25 and 3.60 (1848 ft. in length adding 4.24 acres). On August 7, 1992, Eagle County was granted an amendment to add a road in T. 4S. and T. 5S., R. 86W., within Tract 49 (298.79 ft. X 35 ft. and 1572.04 ft. X 70 ft. adding 2.77 acres). On November 4, 1994, Eagle County was granted an amendment to reconstruct County Road #11 from Yarmony Bridge to the beginning of previous reroute (mile marker 2.0 to 3.2). This amendment was 6400 feet long and 160 feet wide and added 11.75 acres. On July 13, 2005, Eagle County requested an amendment to construct and maintain a ramp off of County Road 11 at Yarmony Bridge to the Colorado River to pump water for road maintenance activities. The ramp will be 100 ft. in length and 15 feet wide adding .03 acres. Land Involved Sixth Principal Meridian, Colorado T. 2S., R. 82W., Sec. 7: Lots 16 The grant of June 12, 1987, is hereby amended to include the public land listed above. 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 and conditions, of the grant of June 12, 1987, shall remain in their original form and continue in full force and effect and apply equally to this amendment along with the stipulations attached to this amendment. Eagle County Commissioners UNITED STATES OF AMERICA Field Manager Kremmling Field Office Bureau of Land Management Effective Date May 4, 2006 EXHIBIT "B" STIPULA TIONS FOR RIGHT-OF-WAY AMENDMENT COC-43109 1. The holder shall contact the authorized officer at least 4 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 an/or his representative shall attend this conference. 2. The holder shall conduct all activities associated with the construction, operation, and termination of the right-of-way within the authorized limits of the right-of-way. .., Boulders will be placed on the south side of the Trough Road to stop trailer access to the river but allow J. foot access. 4. The holder shall be responsible for weed control on disturbed areas within the limits of the right-of-way. The holder is responsible for consultation with the authorized officer and/or local authorities for acceptable weed control methods (within limits imposed in the grant stipulations). 5. 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 wTitten 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 \\Titing by the authorized officer prior to such use. 6. The holder(s) shall comply with all applicable Federal laws and regulations existing or hereafter enacted or promulgated. In any event, the holder(s) shall comply with the Toxic Substances Control Act of 1976, as amended (15 U.S.c. 2601, et ~.) with regard to any toxic substances that are used, generated by or stored on the right-of.-way or on facilities authorized under this right-of-way grant. (See 40 CFR, Part 702-799 and especially, provisions on polychlorinated biphenyls, 40 CFR 761.1-761.193.) Additionally, any release of toxic 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 102b. 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. 7. No construction or routine maintenance activities shall be performed during periods when the soil is too wet to adequately support constru.ction equipment. If such equipment creates ruts in excess of:+ (four) inches deep, the soil shall be deemed too wet to adequately support construction equipment. 1 8. The holder shall utilize erosion control practices during and after construction to minimize soil loss and prevent siltation of water bodies. The holder shall monitor the site for soil loss and \.-vill take any necessary steps to prevent soil loss during the life of the right-of-way. 9. Holder shall maintain the right-of.-way in a safe, usable condition, as directed by the authorized officer. 10. The holder is responsible for informing all persons in the area who are associated with this project that they will be subject to prosecution for disturbing historic or archaeological sites, or for collecting artifacts. The holder shall immediately bring to the attention of the Authorized Officer any and all antiquities, or other objects of historic, paleontological, or scientific interest including but not limited to, historic or prehistoric ruins or artifacts DISCOVERED as a result of operations under this authorization (16 D.S.C. 470.-3,36 CFR 800.112). The holder shall immediately suspend all activities in the area of the object and shall leave such discoveries intact until written approval to proceed is obtained from the Authorized Officer. Approval to proceed will be based upon evaluation of the object(s). Evaluation shall be by a qualified professional selected by the Authorized Officer from a Federal agency insofar as practicable (BLM Manual 8142.06E). 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 timeframe for the Authorized Officer to complete an expedited review under 36 CFR 800.11 to confirm, through the State Historic Preservation Officer, that the findings of the Authorized Officer are correct and that mitigation is appropriate. If the holder wishes, at any time, to relocate activities to avoid the expense of mitigation and/or the delays associated with this process, the Authorized Officer will assume responsibility for whatever recordation and stabilization of the exposed materials may be required. Otherwise, the holder 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 holder 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 directlv 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, \vill be mitigated at the holder's cost. Stipulations that specifically apply to knOWTI cultural, paleontological, antiquities and objects of scientitlc interest are attached. 2 11. Pursuant to 43 CFR 10A(g), the holder of this authorization must notify the authorized officer, by telephone, \vith written confirmation, immediately upon the discovery of human remains, funerary items, sacred objects, or objects of cultural patrimony. Further, pursuant to 43 CFR 10.4 and (d). you must stop activities in the vicinity of the discovery and protect it for 30 days or until notified to proceed by the authorized officer. 12. If paleontological materials (fossils) are discovered during construction activities, the operator is to immediately stop activities that might further disturb such materials and contact the authorized officer. The operator and the authorized officer will consult and determine the best option for avoiding or mitigating the paleontological site. 13. One month prior to termination of the right-of-way, the holder shall contact the authorized officer to arrange a joint inspection of the right-of-way. This inspection will be held to agree to an acceptable termination (and rehabilitation) plan. This plan shall include, but is not limited to, removal of facilities, drainage structures, or surface material, recontouring, topsoiling, or seeding. The authorized officer must approve the plan in writing prior to the holder's commencement of any termination activities. 3