No preview available
HomeMy WebLinkAboutC96-104 Bureau of Land ManagementC'96 10 4 5 0 FORM 2800-14 Issuing Office (August 1985) Kremmling Resource Area UNITED STATES DEPARTMENT OF THE INTERIOR BUREAU OF LAND MANAGEMENT RIGHT-OF-WAY GRANT/TEMPORARY USE PERMIT SERIAL NUMBER COC -59089 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 U.S.C. 1761). 2. Nature of Interest: a. By this instrument, the holder: Eagle County P O Box 850 Eagle, Colorado 81631 receives a right to construct, operate, maintain, and terminate access roads, on public lands described as follows: Sixth Principal Meridian, Colorado T. 25., R. 83W., sec. 5: Lot 20 b. The right-of-way or permit area granted herein is 70 feet wide for a length of 260 feet, and contains .42 acres, more or less. If a site type facility, the facility contains 0 acres. C. This instrument shall terminate on April 13, 2021 25 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. 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. 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 April 15, 1996, 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. IN WITNESS WHEREOF, The undersigned agrees to the terms and conditions of this right-of- way grant or permit. i At& k q1JJ (Signature of AutYorized Officer) 04to-, I / /-VlICA ( itle) (Effective Date of Grant) 7. Pspeets RO TT CO- FA o- _ - - - - - - EA E CO. _- 6 • L �. —_ `_ `\.:' - it rz S u20 - la IT P '---------� J CFP _ . Of 6 93 ice. - / ••� t aMI 114, X,/'r Vii.! • 1 -r nQ`�r^.1 — - - - � _ I 19 and ngCIA rip 'C` F�?�=i; 0. 1, - •� 'a McCoy •,�' 1✓-� a Cerp� 210 000 FEET t 'Y I -- (NORTH) I___ mp, l--------- --- -- 6742 — 1 • _ — 68� u18 I�'i�l', �\ ����__� I\ ,=a�sx2�-� •�•-+ off=�.. �--� iii���bed�/� u rte.•. � %'' ' .: � i ��' � _ �'-^• f (•. -- `�� � • °� .X1% 996' •' i,,.i. _ Tunnel ., x==--- -< _Gravel-• �k - II ��... 0 Pit's 14 fair -17 v - It \ WI Uf1 r•.� • � ,-��a•�` '�� �� � `\ � �^fes`"� �/ 1,/V j �/ 16 ,'ice - • i i• . , :�< �- 39°52'30"- 106°45' •1650000 FEET (NORTH) 352 353 42'30" Mapped, edited, and published by the Geological Survey L tosrT'i�j Control by USGS, USC&GS, and U. S. Forest Service -000graonv cv onotogrammetnc methods from aer ; + APRIL 15, 1996 STIPULATIONS FOR EAGLE COUNTY ROAD MCCOY CEMETERY/BALLFIELD C-59089 EXHIBIT "B" 1. The holder shall construct, operate, and maintain the facilities, improvements, and structures within this right-of-way in strict conformity with the plan of development which was approved and made part of the grant on April 18, 1996. Any relocation, additional construction, or use that is not in accord with the approved plan of development, shall not be initiated without the prior written approval of the authorized officer. A copy of the complete right-of-way grant, including all stipulations and approved plan of development, shall be made available on the right-of-way area during construction, operation, and termination to the authorized officer. Noncompliance with the above will be grounds for an immediate temporary suspension of activities if it constitutes a threat to public health and safety or the environment. 2. The holder shall contact the authorized officer at least two (2) 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 and/or his representative shall attend this conference. The holder's contractor, or agents involved with construction and/or any surface disturbing activities associated with the right-of-way, shall also attend this conference to review the stipulations of the grant including the plans(s) of development. 3. The holder shall designate a representative(s) who shall have the authority to act upon and to implement instructions from the authorized officer. The holder's representative shall be available for communication with the authorized officer within a reasonable time when construction or other surface disturbing activities are underway. 4. The holder shall mark the exterior boundaries of the right-of-way with a stake and/or lath at hundred (100) foot intervals. The intervals may be varied at the time of staking at the discretion of the authorized officer. The tops of the stakes and/or laths will be painted and the laths flagged in a distinctive color as determined by the holder. Holder shall maintain all boundary stakes and/or laths in place until final cleanup and restoration is completed and approved by the authorized officer. The stakes and/or laths will then be removed at the direction of the authorized officer. 5. 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. 6. 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 for acceptable weed control methods (within limits imposed in the grant stipulations). 7. 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. Use of pesticides shall be approved in writing by the authorized officer prior to such use. 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. Excess excavated, unsuitable, or slide materials shall be disposed of as directed by the authorized officer. 10. No construction or routine maintenance activities shall be performed during periods when the soil is too wet to adequately support construction equipment. If such equipment creates ruts in excess of three (3) inches deep, the soil shall be deemed too wet to adequately support construction equipment. 11. The holder shall utilize best management practices to control on- site and off-site erosion and sizing of rip rap and culverts for anticipated water velocities. 12. The minimum diameter for culverts shall be 18 inches. Culverts should be placed on grade, no "shotgun" ends, and downstream ends shall have rocked energy dissipation to prevent outlet soil erosion. 13. Holder shall limit excavation to the areas of construction. No borrow areas for fill material will be permitted on the site. All off-site borrow areas must be approved in writing by the authorized officer in advance of excavation. All waste material resulting from construction or use of the site by holder shall be removed from the site. 14. The holder shall provide for the safety of the public entering the right-of-way. This includes, but is not limited to, barricades for open trenches, flagmen/women with communication systems for single -lane roads without turnouts, and attended gates for blasting operations. 15. Holder shall maintain the right-of-way in a safe, usable condition, as directed by the authorized officer. (A regular maintenance program shall include, but is not limited to, blading, ditching, culvert installation). 2 16. The holder shall furnish and apply water or other means satisfactory to the authorized officer for dust control. 17. The holder shall seed all disturbed areas, using an agreed upon method suitable for the location. Seeding shall be repeated if a satisfactory stand is not obtained as determined by the authorizing officer upon evaluation after the second growing season. 18. The holder shall seed 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 twelve (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. Copies of the seed tags will be provided to the Authorized Officer. Seed shall be planted using a drill equipped with a depth regulator to ensure proper depth of planting where drilling is possible. The seed mixture shall be evenly and uniformly planted over the disturbed area. (Smaller/heavier seeds have a tendency to drop to the bottom of the drill and are planted first. The holder shall take appropriate measures to ensure this does not occur.) Where drilling is not possible, seed shall be broadcast and the area shall be raked or chained to cover the seed. When broadcasting the seed, the pounds per acre noted below are to be doubled. The seeding will be repeated until a satisfactory stand is established as determined by the authorized officer. Evaluation of growth will not be made before completion of the second growing season after seeding. The authorized officer is to be notified a minimum of two (2) days prior to seeding of the project. SEED MIXTURE BROADCAST RATE TOTAL SEED NAME LBS./AC. (PLS) ACRES POUNDS Slender Wheatgrass 4 X = Agropyron trachycaulum Western Wheatgrass 6 X = Agropyron smithii Big bluegrass 1 X = Poa ampla Sheep fescue 1.5 X = Festuca ovina Smooth brome 5 X = Bromus inermis Yellow sweetclover 4 X = Melilotus officinalis FERTILIZER 18-46-0 200lbs. X = MULCH Native Hay or Straw 20001bs. X = - Certified Noxious Weed Free - (Mulch must be used in critical areas likely to erode, such as long, steep slopes and drainages.) Pure Live Seed (PLS) formula: % of purity of seed mixture times % germination of seed mixture = portion of seed mixture that is PLS. 19. The holder shall mulch disturbed areas designated by the authorized officer. All mulch shall be crimped into the soil, or covered with or mixed with, a tackifier to prevent the mulch from blowing away. The type of mulch shall meet one of the following requirements: (a) Straw used for mulching shall be from oats, wheat, rye, or other approved grain crops, and free from noxious weeds or other objectionable material as determined by the authorized officer. Straw mulch shall be suitable for placing with mulch blower equipment. (b) Hay shall be of approved herbaceous mowings, free from noxious weed or other objectionable material as determined by the authorized officer. Hay shall be suitable for placing with mulch blower equipment. (c) Wood cellulose fiber shall be natural or cooked wood cellulose fiber, shall disperse readily in water, and shall be nontoxic. The homogeneous slurry or mixture shall be capable of application with power spray equipment. A colored dye that is noninjurious to plant growth may be used when specified. Wood cellulose fiber shall be packaged in new, labeled containers. 20. Thirty days (30) 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. 21. 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 U.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 4 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 directly 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. 22. 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 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 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. 5 --*-- FOUND COR. NO.1 OF TRACT 39, SEC.5, T2S, R83W 2.5" G.L.O. BRASS CAP ON A 1" PIPE IN A 2' HIGH PILE OF ROCK (1916) N 0 t 0 i o__: or1- b PO 0 W E s Z 11P=401 Q U W Q M of H in M Lail cl C. ACCESS EA CCESSEASEAMENT TRUE POINT OF S82.41'07„ BEGINNING E 259.80' 7o'Row� 00 - `—--— c2 0 0 O Lri- o0c) --- - O POINT OF TERMINUS Nflih 375.61' \_ S90'00'00"W 405.04' FOUND COR. NO.2 OF THE "MCCOY WILDCATS", SEC.5, T2S, R83W 3" G.L.O. BRASS CAP ON A 2.25" ALUM. PIPE NEXT TO A PILE OF ROCK (1995) "McCoy WILDCATS" FOUND COR. NO.1 OF THE SEC.5, T2S, R83W 3" G.L.O. BRASS CAP ON IN A PILE OF ROCK (1995) 29.43' "MCCOY WILDCATS", A 2.25" ALUM. PIPE CURVE RADIUS LENGTH TANGENT CHORD BEARING DELTA C1 300.00' 43.95' 22.02' 43.92' S86'52'57"E 08'23'41" C2 100.00' 92.35' 49.76' 89.10' S56'13'48"E 52'54'39" LEGAL DESCRIPTION A 70.00 foot wide access easement located in, Section 5, T2S, R83W, of the 6th P.M., Eagle County, Colorado. Said easement being 35.00 feet on both sides of the following described centerline: Beginning at Corner No. 1 of Tract 39 in said section 5; Thence S00'00'00"W, 1371.55 feet along the east line of said Tract to the True Point of Beginning and the centerline of said easement; Thence along said centerline, 43.95 feet along the arc of a non— tangent curve to the right having a radius of 300.00 feet and a central angle of 08'23'41 ", the chord of which bears S86'52'57"E, 43.92 feet; Thence S82'41'07"E, 259.80 feet; Thence 92.35 feet along the arc of a curve to the right having a radius of 100.00 feet and a central angle of 52'54'39", the chord of which bears S56'13'48"E, 89.10 feet to a point on the north line of the "MCCOY WILDCATS" and the Point of Terminus. The line between said Corner of Tract 39 (a 2.5" G.L.O. brass cap on a 1" pipe — 1916) and Corner No.2 of the "MCCOY WILDCATS" (a 3" brass cap on a 2.25" aluminum pipe — 1995) is considered to bear S00'00'00"W. — ----MLW RS� um-LLOYD WEP.L.S.13901 EAGLE COUNTY GOVERNMENT P.O. BOX 850 EAGLE, CO. 81631 39, No.1 W EAGLE COUNTY ENGINEERING DEPT. DRAWN BY L WP DA 7F. 2 � 15 � 96 CHECKED BY.• WH DRAWING NO.: WILDCA T 1 DR2