HomeMy WebLinkAboutC06-288
Form 2800-14
(August 1985)
Issuing Office
Glenwood Springs Field Office
COC70318, Page 1 of 3
UNITED STATES
DEPARTMENT OF THE INTERIOR
BUREAU OF LAND MANAGEMENT
RIGHT-OF-WAY GRANT / TEMPORARY USE PERMIT
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 D.S.C. 1761).
2. Nature of Interest:
a. By this instrument, the holder:
Eagle County, ECO Trails Department
PO Box 1070
Gypsum, CO 81637
recei ves a right to construct, operate, maintain, and terminate an access road as shown on
public lands (or federal land for MLA Rights-of-Way) described as follows:
T. 5 S., R. 84 W.,
section 6, Lot 8 and 9, 6th Principal Meridian.
b. The right-of-way area granted here is 30 feet wide, 330 feet long and contains
0.02 acres, more or less.
c. This instrument shall terminate on December 31, 2035, approximately 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 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 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.
COC070317 /28JOOl/Eagle County ECO Paved Trail
Page 1 of8
COC70195, Page 2 of 3
3. Rental: For and in consideration of the rights granted, the holder agrees to pay the
Bureau of Land Management fair market value rental as determined by the authorized
officer unless specifically exempted from such payment by regulation. Provided,
however, that the rental may be adjusted by the authorized officer, whenever necessary,
to reflect changes in the fair market rental value as determined by the application of
sound business management principles, and so far as practicable and feasible, in
accordance with comparable commercial practices.
4. Terms and Conditions:
a. This grant or permit is issued subject to the holder's compliance with all
applicable regulations contained in Title 43 Code of Federal Regulations part
2800 and 2880.
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 of 20 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 stipulations, plans, maps, or designs set forth in Exhibits A and B, dated
August 25, 2006 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 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.
COC070317/28JOOl/Eagle County ECO Paved Trail
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COC70318, Page 3 of 3
IN WITNESS WHEREOF, The undersigned agrees to the terms and conditions of this right-of-
way grant.
Signature of Authorized Officer
Glenwood Springs Field Manager
Title
q"Y'L;l1J.
(Date)
(Effective date of Grant)
COC070317/28JOOl/Eagle County ECO Paved Trail
Page 3 of8
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COC070317 /2810011Eagle County ECO Paved Trail
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STIPULATIONS / COC070318 / EAGLE COUNTY, ECO DEPT. PAVED TRAIL
(a) To the extent practicable, comply with all existing and subsequently enacted, issued, or
amended Federal laws and regulations and state laws and regulations applicable to the authorized
use;
(b) Rebuild and repair roads, fences, and established trails destroyed or damaged by the project;
(c) Build and maintain suitable crossings for existing roads and significant trails that intersect the
project;
(d) Do everything reasonable to prevent and suppress wildfires on or in the immediate vicinity of
the right-of-way area;
(e) Not discriminate against any employee or applicant for employment during any phase of the
project because of race, creed, color, sex, or national origin. You must also require
subcontractors to not discriminate;
(f) Pay monitoring fees and rent described in S2805.16 of this subpart and subpart 2806 of this
part; not applicable, holder is exempt from rent as per 43 CFR * 2804.16.
(g) If BLM requires, obtain, and/or certify that you have obtained, a surety bond or other
acceptable security to cover any losses, damages, or injury to human health, the environment,
and property in connection with your use and occupancy of the right-of-way, including
terminating the grant, and to secure all obligations imposed by the grant and applicable laws and
regulations. If you plan to use hazardous materials in the operation of your grant, you must
provide a bond that covers liability for damages or injuries resulting from releases or discharges
of hazardous materials. BLM may require a bond, an increase or decrease in the value of an
existing bond, or other acceptable security at any time during the term of the grant;
(h) Assume full liability if third parties are injured or damages occur to property on or near the
right-of-way (see S2807 .12 of this part);
(i) Comply with project-specific terms, conditions, and stipulations, including requirements to:
(1) Restore, revegetate, and curtail erosion or conduct any other rehabilitation measure BLM
determines necessary;
(2) Ensure that activities in connection with the grant comply with air and water quality
standards or related facility siting standards contained in applicable Federal or state law or
regulations;
(3) Control or prevent damage to:
COC070317/281001/Eagle County ECO Paved Trail
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(i) Scenic, aesthetic, cultural, and environmental values, including fish and wildlife habitat;
(ii) Public and private property; and
(iii) Public health and safety;
(4) Protect the interests of individuals living in the general area who rely on the area for
subsistence uses as that term is used in Title VIII of Alaska National Interest Lands Conservation
Act (ANILCA) (16 U.S.c. 3111 et seq.);
(5) Ensure that you construct, operate, maintain, and terminate the facilities on the lands in the
right-of-way in a manner consistent with the grant;
(6) When the state standards are more stringent than Federal standards, comply with state
standards for public health and safety, environmental protection, and siting, constructing,
operating, and maintaining any facilities and improvements on the right-of-way; and
(7) Grant BLM an equivalent authorization for an access road across your land if BLM
determines the reciprocal authorization is needed in the public interest and the authorization
BLM issues to you is also for road access;
U) Immediately notify all Federal, state, tribal, and local agencies of any release or discharge of
hazardous material reportable to such entity under applicable law. You must also notify BLM at
the same time, and send BLM a copy of any written notification you prepared;
(k) Not dispose of or store hazardous material on your right-of-way, except as provided by the
terms, conditions, and stipulations of your grant;
(1) Certify your compliance with all requirements of the Emergency Planning and Community
Right-to-Know Act of 1986, 42 US.C. 11001 et seq., when you receive, assign, renew, amend,
or terminate your grant;
(m) Control and remove any release or discharge of hazardous material on or near the right-of-
way arising in connection with your use and occupancy of the right-of-way, whether or not the
release or discharge is authorized under the grant. You must also remediate and restore lands and
resources affected by the release or discharge to BLM's satisfaction and to the satisfaction of any
other Federal, state, tribal, or local agency having jurisdiction over the land, resource, or
hazardous material;
(n) Comply with all liability and indemnification provisions and stipulations in the grant;
(0) As BLM directs, provide diagrams or maps showing the location of any constructed facility;
and
(p) Comply with all other stipulations that BLM may require.
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(q) 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 43CFRlOA(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 43CFRlOA (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 of the findings (16 U.S.c. 470h-3, 36CFR800.112). 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 36CFR800.11,
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 ruins, 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.
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Antiquities, historic ruins, 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 including
the cost of consultation with Native American groups.
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