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HomeMy WebLinkAboutC13-128 Right-Of-Way Grant/Temporary Use Permit BLM Form 2800 -14 UNITED STATES Issuing Office (August 1985) DEPARTMENT OF THE INTERIOR LLCONO40000 BUREAU OF LAND MANAGEMENT Serial Number RIGHT- OF -VVAY GRANTITEMPORARY USE PERMIT COC -43109 Amendment 7 1. A (right -of -way) (permit) is hereby granted pursuant to: a. 0 Title V of the Federal Land Policy and Management Act of October 21, 1976 (90 Stat. 2776; 43 U.S.C. 1761); b. ❑ Section 28 of the Mineral Leasing Act of 1920, as amended (30 U.S.C. 185); c. ❑ Other (describe) 2. Nature of Interest: a. By this instrument, the holder Eagle County (P.O. Box 850 Eagle, CO 81631) receives a right to construct, operate, maintain, and terminate a widening of County Road (CR301) at mile marker 10 on public lands (or Federal land for MLA Rights -of -Way) described as follows: Sixth Principal Meridian, Colorado T. 3 S., R. 86 W., sec. 26, lots 21 and 22; sec. 35, lot 2. b. The right -of -way or permit area granted herein is 110 feet wide, 850 feet long and contains 2 acres, more or less. If a site type facility, the facility contains N/A acres. c. This instrument shall terminate on June 11, 2017 3 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 0 ma ❑ma 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 teems 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. (Continued on page 2) ( - 191` 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 grantor permit is issued subject to the holder's compliance with all applicable regulations contained in Title 43 Code of Federal Regulations parts 2800 and 2880. b. Upon grant termination by the authorized officer, all improvements shall be removed from the public lands within N/A days, or otherwise disposed of as provided in paragraph (4Xd) or as directed by the authorized officer. c. Each grant issued pursuant to the authority of paragraph (1)(a) 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 Exhibit(s) A and B , dated 04/30/2013 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 grantor 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. IN WITNE • :, • OF, The undersign- 1 6o - -s to the terms and conditions of this right -of -way grant or permit. /IV _Airt II I& lip (Signature of older) (Signature of Authorized Officer) 1 Associate Field Manager (Title) (Title) r7. 0. I2 (Date) (Effective Date of Grant) (Form 2800 -14, page 2) - . 4 : - --.---. , -.#' , 40' "4,- ' , "k--- -,, , i IP / 6 .. t rt 00 0. 0 ,,-• ' ir r:144.( • :114 . 1 - ‘ 'Cliii: '''''''''' 7 ...,444., ' t ,., . . ' ) AA - ' 6 :;• . ''-'" i <."` . ,st. - \ . .......i ... `t ...w. ' ..--,:dei il. lel' . - .r / r 7 _.„, „„ » ,, , f . 114 0 / 11 1 , . v400,,,,,,N : 14,10...........,44.0 4... 7e.;, „.44,0_.i!k , 1 i , i Ir , , \ , : ii i ........i \ir ' ,,„, , 1 e 1 k .:� . } . a , -: -' -: C\14-4-'44") ,,,,, cw .. (I LI/ P f , i t de: "I i 1 4 \ • • , ,.(f -, 'mot `. � ' . . d 5. . - . 3 5 , , . „.. G ''''... N io. \ A, , N, 4 1 1 '' 4.4 . 0:: 1 , ik S m . . r 1 \ ' k ` " % \ . St C 014 021 o28 ' 1/41001 4 0 11* ) 1 t ft ,,.t \ I 1 ‘ " Exhibit 13 SPECIAL STIPULATIONS AND CONDITIONS 1. All previously authorized stipulations for the right -of -way grant associated with the requested amendment shall remain in full force and effect in addition to these amendment stipulations. If the original stipulations are in conflict with the amendment stipulation, amendment stipulation will supersede the original stipulation. 2. The holder shall contact the Authorized Officer (AO) at least 60 days prior to the anticipated start of any new surface disturbing activities. It is the holder's responsibility to comply with all applicable Federal, State, and local laws and regulations existing or hereafter enacted or promulgated. The BLM will determine if any surveys or inventories are required. As necessary, the holder shall demonstrate compliance in writing, i.e., with surveys and inventories completed by qualified individuals, with the following laws including, but not limited to, the Endangered Species Act (if potential habitat is determined to be present), the National Historic Preservation Act, and the Native American Graves Protection and Repatriation Act. Evaluations and inventories can be completed by BLM, or by the holder in order to meet the holder's schedule and subject to approval by the AO. Inventories may be time sensitive and may require US Fish and Wildlife Service concurrence, therefore this process could take longer than 60 days to complete. The holder shall not initiate any surface disturbing activities on the right -of -way without prior written approval, as determined necessary by the AO. 3. Cultural Resources a. Pursuant to 43 CFR 10.4(g) the holder of this authorization or its contractor must notify the AO, 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 10.4(c) and (d), the holder must stop activities in the vicinity of the discovery and protect it for 30 days or until notified to proceed by the AO. b. The operator or its contractor is responsible for informing all persons who are associated with the project operations that they will be subject to prosecution for knowingly disturbing historic or archaeological sites, or for collecting artifacts. If historic or archaeological materials are uncovered during any project or construction activity, the operator must stop work in the area of the discovery that might further disturb such materials, and immediately contact the AO. Within five working days the AO will inform the operator as to the mitigation measures the operator will likely have to undertake before the site can be used ( assuming in assumin p reservation is not necessary). place 4. The holder shall be responsible for weed control 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) including pesticides/herbicides approved for use on BLM land. Use of pesticides/herbicides shall comply with the applicable Federal and state laws. Pesticides/herbicides 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/herbicides, the holder shall obtain from the authorized officer written approval of the applicant's 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. The plan should be submitted no later than March 1 of any calendar year to cover the proposed activities for the next growing season. Emergency use of pesticides/herbicides shall be approved in writing by the authorized officer prior to such use. 5. The holder shall comply with applicable State standards for public health and safety, environmental protection and siting, construction, operation and maintenance, if these State standards are more stringent than Federal standards for similar projects. 6. The holder shall comply with all applicable Federal laws and regulations existing or hereafter enacted or promulgated regarding toxic substances or hazardous materials. In any event, the holder shall comply with the Toxic Substances Control Act of 1976, as amended (15 U.S.C. 2601, et se g.) 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 of 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 of State government. 7. The holder shall protect all survey monuments found within the right -of -way. Survey monuments include, but are not limited to, General Land Office and Bureau of Land Management Cadastral Survey Corners, reference corners, witness points, U.S. Coastal and Geodetic benchmarks and triangulation stations, military control monuments, and recognizable civil (both public and private) survey monuments. In the event of obliteration or disturbance of any of the above, the holder shall immediately report the incident, in writing, to the authorized officer and the respective installing authority if known. Where General Land Office or Bureau of Land Management right -of -way monuments or references are obliterated during operations, the holder shall secure the services of a registered land surveyor or a Bureau cadastral surveyor to restore the disturbed monuments and references using surveying procedures found in the Manual of Surveying Instructions for the Survey of the Public Lands in the United States, latest edition. The holder shall record such survey in the appropriate county and send a copy to the authorized officer. If the Bureau cadastral surveyors or other Federal surveyors are used to restore the disturbed survey monument, the holder shall be responsible for the survey cost. 8. No construction or routine maintenance activities shall be performed during periods when the soil is too wet to adequately support such equipment. If the equipment creates ruts in excess of four (4) inches deep, the soil shall be deemed too wet to adequately support the construction equipment. 9. The holder shall revegetate all disturbed areas with the seed mixture(s) listed below. The seed mixture(s) shall be planted in the amounts specified in pounds of pure live seed (PLS) /acre. 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 12 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(s) and available for inspection by the authorized officer. The following seed mix shall be applied to the site: Common Name Scientific Name Variety Application % of Mix Rate (PLS lbs) Bottlebrush squirreltail Elymus elymoides VNS 2.1 15 Needle and threadgrass Hesperostipa comata VNS 4.5 20 ssp comata Slender wheatgrass Elymus trachycaulis Revenue, Pryor 3.3 20 Indian ricegrass Achnatherum hymenoides Nezpar, Paloma 3.2 20 Sandberg bluegrass Poa secunda CO Plateau 0.4 15 Aspen fleabane /daisy Erigeron spp. 0.1 or Northern sweetvetch or Hedysarum boreale VNS 1.7 5 Wyoming big sagebrush Artemisia tridentata ssp wyomingensis VNS 0.1 5 15.0 100 • If any of the above species are not available, seed substitutions must be approved by the BLM prior to purchasing seed. The seed shall contain no noxious, prohibited, or restricted weed seeds and shall contain no more than 0.5% by weight of other weed seeds. Seed tags or other official documentation shall be submitted to BLM at least 14 days before the date of proposed seeding for acceptance. Seed that does not meet the above criteria shall not be applied to public lands. 10. The holder shall comply with the construction practices and mitigating measures established by 33 CFR 323.4, which sets forth the parameters of the "nationwide permit" required by Section 404 of the Clean Water Act. If the proposed action exceeds the parameters of the nationwide permit, the holder shall obtain an individual permit from the appropriate office of the Army Corps of Engineers and provide the authorized officer with a copy of same. Failure to comply with this requirement shall be cause for suspension or termination of this right -of -way grant.