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HomeMy WebLinkAboutC17-065 Bureau of Land ManagementFtxm2804.14 UNITED STATES (Arrgus11985) DEPARTMENT OF THE INTERIOR BUREAU OF LAND MANAGEMENT RIGHT-OF-WAY GRANTfrEMPORARY USE PERMIT 1. A (righl-of way) (permit) is hereby grunted pursuant to Eagle County, CO Regina O'Brien Pgs: 9 REC: $0.00 DOC; $0.00 Issuing Office LLCOV04000 Serial Number COC-69054-TUP 201705996 04/06/2017 01.36.05 PM o. Q Title V of the Federal Land Policy and Management Act of October 21, 1976 (90 SmL 2776, 43 US C 1761). b. ❑ Section 28 of the Mineral Leasing Act oF1920, as amended (30 US C 185). c. ❑ Other (domribe) 2. Nature of [merest; a By this instrument, the holder Ea le Cann ECO Trails Det P.O. Box 1070 C-Ypsum CO 81637 receives a right to canslruct, apcmlc, maintain, aid laminate a 31111WILS area on public lairds (or Federal land far DILA Rights-ar-Way) described as follows Sixth Principal Meridian, Colorado T. 4 S., R. 83 tV., sec. 9, 101 S. T. 4 5., R 84 W., site. 24, lot 11. b The rigb"kvay or permit area granted herein is 100 fest wide, 100 feel long and contains 0,10 acres, more or less. If a site type facility, the fxitiry contains acres c. ibis knurmu shall terminate on 12/31 f2070 3 years from Its cfi'ective dak unless, prior therein, it is relinquish d, abandoned, terminated, or modified pursuant to the terms and conditions of this insusrmcrt or of any applicable Federal low or regulation. d. This instrumcnl0nmy ❑may not be renewed. Irrencwcd, the right-of-way or permit shall be subject to the regulations existing at the time orrennval and sty Wher terms and conditions that the authorized officer deems necessary to protax she public intcrut e. Notwithstanding the expiration orchis instrument or any renewal thereof, early relinquishment, abandoment, or termination, the provisions orims instrument, b the extent applicable, shall continue it elFect and shall be binding on the holder, its successors, or msigns, until they have filly satisfied the oblugauons and/or liabilities accruing herein before or on account of the expiration, or prior tcmrinmron, of the grant_ ! %YE fl C ,rO.EO an page 2) C17-065 By: Eagle County Attorney's bfficel Eagle County Commissloners' Office 3. Rental: For and in considerationof 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 parts 2800 and 2880. b. Upon grant termination by the authorized officer, all improvements shall be removed from the public lands within 120 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 hercin 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 , dated 01/10/2107 attached hereto, are incorporated into and made a parr of this grant instrument as fully and effectively as if they were set forth herein in their entirely. c. Failure of the holder io 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 shalt 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 WITNESS WHEREOF, The undersigned agrees to the terms and conditions of this right-of-way grant or permit (Signature of older) A,2 (Title) lzlv34311.311q! (Dale) (Effe tive bate of Grant) (Form 2800-14, page 2) N to r Gt 0 a W b 10- 11 J Af ,. Cawl C • i *u ce Esn Digi to A, 05.19S, Ae4GGRI , r Geo r phics. C jser Cyrrgnmunity 0 Proposed Staging Area Interstate o 175 sea goo 1.050 1,400 1,750 Feet W m Proposed Trail on BLM State Highway Bureau of Land Management State NNo warranty is made by the Bureau of Land Management as to the accuracy, reliability, or completeness of �. these data. Original data were compied from various Private �-- US Highway W E sources.This information may not meet National Map Accuracy Standards This project was developed through —} Railroad BLM Recreation Site S digital means and may be updated without notice v Exhibit A (1/10/2017) RIGHT-OF-WAY STIPULATIONS 1. The holder shall contact the Authorized Officer (AO) at least 180 days prior to the non- emergency anticipated start of any 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 a "Notice to Proceed", as determined necessary by the AO. 2. Cultural Resources Stipulations. a. The portion of the trail that runs near site 5EA503 will be monitored by a cultural resource contractor during construction. b. If subsurface cultural values are uncovered during operations, all work in the vicinity of the resource will cease and the authorized officer with the BLM notified immediately. The operator shall take any additional measures requested by the BLM to protect discoveries until they can be adequately evaluated by the permitted archaeologist. Within 48 hours of the discovery, the State Historic Preservation Officer (SHPO) and consulting parties will be notified of the discovery and consultation will begin to determine an appropriate mitigation measure. BLM in cooperation with the operator will ensure that the discovery is protected from further disturbance until mitigation is completed. Operations may resume at the discovery site upon receipt of written instructions and authorization by the authorized officer. c. Native American Human Remains. Pursuant to 43 CFR 10.4(g), the holder must notify the authorized officer, by telephone, with written confirmation, immediately upon the discovery of human remains, funerary items, sacred objects, or objects of cultural patrimony on federal land. Further, pursuant to 43 CFR 10.4 (c) and (d), the holder must stop activities in the vicinity of the discovery that could adversely affect the discovery. The holder shall make a reasonable effort to protect the human remains, funerary items, sacred objects, or objects of cultural patrimony for a period of thirty days after written notice is provided to the authorized officer, or until the authorized officer has issued a written notice to proceed, whichever occurs first. d. 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). 3. Raptors. There are no known raptor nests or bald eagle winter roost sites near the BLM segments of the trail alignment. However, if active nests are found before construction begins, the following timing limitations would apply as applicable. a. Stipulation CRVFO-TL-S: Raptors (Non -special Status Raptor Species). Prohibit surface occupancy and surface -disturbing activities to protect use of nesting and fledgling habitat during the following time periods. The timing limitation is applied within a 0.25 -mile radius on species-specific dates as follows: red-tailed hawk and all owls February 15 -July 15, Swainson's hawk April 1 -July 15, osprey April 1 -August 31, and Cooper's hawk and sharp -shinned hawk April 15 -July 15. The timing limitation is applied within a 0.5 -mile radius on species-specific dates as follows: golden eagle December 15 -July 15, northern goshawk March 1 - September 15, and prairie falcon March 15 -July 15. b. Stipulation CRVFO-TL-B: Bald Eagle Nest Sites and Winter Roost Sites. Prohibit surface occupancy and surface -disturbing activities within a 0.5 -mile buffer around occupied nest sites and winter roost sites during the following time periods: nest sites November 15 -July 31 and winter roost sites November 15 - March 15. 4. To reduce noise impacts, the hours of construction may be limited to Monday to Saturday from 7:00 am to 7:00 pm, when background levels are generally higher and sensitivity to sound is less. 5. Do not stockpile materials or stage equipment on BLM lands in the Red Canyon area. 6. Silt fencing will be installed adjacent to riparian zones during trail construction to minimize any sedimentation entering the river from surface -disturbing activities. The fencing will also preclude any incidental trampling or crushing of riparian vegetation. In any temporarily disturbed riparian areas, planting of plugs, bare root stock or containers of riparian trees or shrubs would be required to ensure timely reclamation of riparian vegetation. 7. 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. 8. 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 sed.) 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. 9. All construction, operation and maintenance shall be within the authorized limits of the right-of-way granted herein. 10. 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. 11. The holder shall disturb and remove only the minimum amount of soils and vegetation necessary for the maintenance of the structure. All sediment or debris that is removed during the cleaning out of the detention basin shall be disposed of on private property. Any areas of bare ground created during maintenance of the structure should be stabilized and seeded with a BLM approved seed mix. 12. In order to stabilize the soils and minimize the risk of weed invasion, the disturbed area shall be seeded with a native grass seed mix approved by the BLM each time the pond is cleaned out or maintained. 13. The holder is subject to the stipulations contained in the original grant, in addition to the attached stipulations. If there is a conflict, the attached stipulations will supersede the original stipulations. BLM roads should not be maintained without first consulting with the authorized officer. 14. 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 as necessary. 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. 15. 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. 16. Herbicide applications for management of noxious weeds within 1/z mile of Harrington's beardtongue populations (entire Red Canyon segment in T4S, R83W, Sections 18 and 24) shall be spot sprayed only. No broadcast treatments of herbicide should occur within 1/i mile of Harrington's beardtongue populations. If timing permits, weed treatments should commence prior to construction to minimize the potential for weed spread in disturbed areas. ECO Trails would need to develop a Pesticide Use Proposal and obtain approval from BLM prior to undertaking any herbicide treatments on public land. 17. The holder shall immediately notify the BLM authorized officer of any paleontological resources discovered as a result of operations under this authorization. Appropriate measures to mitigate adverse effects to significant paleontological resources will be determined by the authorized officer after consulting with the holder. The holder is responsible for the cost of any investigation necessary for the evaluation and for any mitigation measures. The holder may not be required to suspend operations if activities can avoid further impacts to a discovered site or be continued elsewhere, however, the discovery shall be brought to the attention of the authorized officer as soon as possible and protected from damage or looting. (modified from 43CFR3802.3-2(f)(2), 43CFR3809.420(b)(8), and BLM IM 2009-011).