HomeMy WebLinkAboutC13-130 Temporary 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-WAY GRANT /TEMPORARY USE PERMIT
COC- 43109T Amendment 6T
1. A (right -of -way) (permit) is hereby granted pursuant to:
a. 51 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 temporary extra workspace during construction activities
on public lands (or Federal land for MLA Rights -of -Way) described as follows:
Sixth Principal Meridian, Colorado
T. 2 S., R. 85 W.,
sec. 14, lot 17;
sec. 23, NW1 /4NW1/4.
b. The right -of -way or permit area granted herein is 50 feet wide, 900 feet long and contains 1.03 acres, more or
less. If a site type facility, the facility contains N/A acres.
c. This instrument shall terminate on December 31, 2015 2 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 0 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 frilly 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)
3. Rental: th authorized officer, whenever
granted the holder agrees to pay the Bureau of Land Management fair market value rental as determined by the authorize
For and in e sp c xe p t ed s roa a ment by regulation. Provided, however, that the rental may be adjusted d ne fcess unless a ec c a in the fair market rental value as deter by the application of sound business management principles, and so far as p racticable
and a n d fe asib lee, , as r chhanges comparable commercial practices.
feasible, a c accordance with comp
Regulations parts 2800 and 2880.
4 . Terms and Conditions: applicable regulations contained Title 43 Code of Federal
compliance alt app Ni days, or and 28 otherwise 0.
a. This grant or permit is issued subjectto the holder's comp ublic lands within �
the authorized officer, all improvements shall be removed from the p
b. Upon grant termination by h (4xd) or as directed by the authorized officer.
disposed of as provided in paragraph be reviewed by the authorized officer at
1 a for a term of 20 years or more shall, at a minimum_be way or permit granted her may be
of paragraph a )O ears. Provided, however, that a rig
c. Each grant issued pursuant to the authority P g P
the end of the 20th year and at regular intervals thereafter not to exceed 10 y
reviewed at any time deemed necessary by
the authorized officer. dated 04/30/2013
or designs set forth in Exhibit(s) A and B were set forth herein in their entirety.
plans, maps, grant instrument as fully and effectively as if they
d. The stipulations, P orated into and made a part of this g ion or terminationthereof.
attached hereto, are incorporated t or permit shall constitute grounds for suspension 1 with applicable law or any provision of this right -of -way gran o the ub of
e. Failure of the holder to comply rotection of the environment and the health and safety P
f. The holder shall perform all operations in a good and workmanlike manner so as to ensure p
IN WITNESS • EREOF,
e u ndersigned . ; es s the terms and conditions of this right - of - way grant or permit.
/
' ,, 4.411 (Si _ ature o Authorized Officer)
AL .la
111 ignature of
n ,iI 14 Associate Field Mana er (hide)
(Title)
(1 (�! 5 23 ,
I I ) (" ective Date of Grant)
(Date) (Form 2800 -14, page 2)
N 0
•
0 N
0 M R U o
m 8 O
w z g
0
p c E
0 w I O U O z
E-' W (i/
O w p y %
M a a p O an ° v
V1 O Z N ^ ao 0 0 0_ ti
< Z U O
CC m F 1 3 ± ,o i �—, $ O , ZO O O V O� II 5
0] P Z w m N x < N J � w [}� WZ C I In I Z z j ,,.o. o � o d w E 51 m w N O Q 2 g A
1 N m ° o i 3 N �%+z
O0 N x a N Y .�, o `l � m0 Iyi O O J \ w I O N p -� i-0_ 0
o = `./ �, o i-z c� • \ \1 ► UO < vii a u \ \ � 1 < m 7 m f- o « i ¢ 1 A V 1 m � M O
\ \ \ I I I 1 \ ' N /, J N v Y
f O O O V
•
v v � � v
0 1 \ "- ) i . o
o i
! \,
■ JU,� ., o
v
•
0 ,.......,0 N
\
' ( I �� 1 Z o
I 1 ^� (3 M m
All' 1 II
a 1.---\ �l
yy
D (n 0_ 1 \ Q 1 ..
W
V) M \ .
0- 0- 1 1
.- \ 4r.. ...) i
zw /I j/5 1 r- A \ o 1 w \ w w V<c/ � � � i 888
co ye<
30 ( 1 \ I <
0 / , \If / \ w z\
� \ 1 v Q
� l W
I i t 1 1 I � I'�, , N c 4 / Ji/ N E cc E
Z / \ N v
O I
Z r
Li/ ii-i. ,
i / O
�n w w
Li / [ ,, I w , z
wo �< /� wnwO d
0 <w , / <•-,N N J
O F(AO §
0
/ , / Q OO� n J ° n
/ 33oo xce / / / z o ~wo > z ■
/ �O�rn w zw�o j
Z m�N / �Z �Z�O Ww
w Otid / m�O w�0 N g � v
mztnf > O }w J 0 m $ N
/ / O I w n 3 W -6'
/ .. / s m N r �, z
/ bI ^o < o oZU� a
/ d 0 0 0 o u Q
/ E V
`J�u z° N u
Exhibit B: 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 designs and specifications site submitted with the original proposal shall be made a part of this
right -of -way grant. All construction must conform to these drawings.
3. 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.
4. 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 place preservation is not necessary).
5. 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.
6. 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.
7. 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 sec .) 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.
8. 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.
9. The holder shall revegetate all disturbed areas using a seed mixture specified by the authorized
officer. Seeding shall not be initiated prior to October 1 of the year of completion of the
construction activities and shall be completed prior to the following growing season. 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 weed seed in the seed mixture (it must be certified weed
free). Seed shall be certified seed; exceptions to this requirement must be approved in writing by
the authorized officer. The seed mixture container shall be tagged in accordance with State law(s)
and the tag(s) submitted for inspection by the authorized officer. Seeding shall be repeated if a
satisfactory stand is not obtained as determined by the authorized officer upon evaluation after the
second growing season.
Y +
•
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.
