HomeMy WebLinkAboutC96-017 Bureau of Land ManagementForm 2800-14
(August 1985)
G '96 1 7 0 4
Issuing Office
Glenwood Springs Resource Area
UNITED STATES
DEPARTMENT OF THE INTERIOR
BUREAU OF LAND MANAGEMENT
RIGHT-OF-WAY GRANT/TEMPORARY USE PERMIT
SERIAL NUMBER COC -58147
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:
County of Eagle, State of Colorado
P.O. Box 850
Eagle, Colorado 81631-0850
receives a right to construct, operate, maintain, and terminate an
access road on public lands described as follows:
6th P.M. Colorado
T. 4 S., R. 83 W.
section 3, lots 6, 12
b. The right-of-way or permit aree g -anted herein is 30 feet wide, 1131
feet long and contains 0.75 acres, more or less.
C. This instrument shall terminate on December 31, 2025, thirty years
(more or less) 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:
This right-of-way is rental exempt according to CFR 2803.1-
2 (b) (1) (i) .
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.
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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,
Al, and B, dated December 14, 1995, 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.
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co EXHIBIT A
RIGHT-OF-WAY
COC -58147
a+ ROAD TO EAGLE COUNTY SHOOTING RANGE
T.4S. , R. 83W. , Sec. 3
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SPECIAL STIPULATIONS
COC -58147
EXHIBIT B
Page 1
1. Any cultural and/or paleontological resource (historic or
prehistoric site or object) discovered by the holder, or any person
working on his behalf, on public or Federal land shall be
immediately reported to the authorized officer. Holder shall
suspend all operations in the immediate area of such discovery
until written authorization to proceed is issued by the authorized
officer. An evaluation of the discovery will be made by the
authorized officer to determine appropriate actions to prevent the
loss of significant cultural or scientific values. The holder will
be responsible for the cost of evaluation and any decision as to
proper mitigation measures will be made by the authorized officer
after consulting with the holder.
2. 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 se .) with regard to
asv tn•.Ci c q,ih,gtanc es that are used: genera ted 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.
3. The holder of Right -of -Way No. COC -56213 agrees to indemnify
the United States against any liability arising from the release of
any hazardous substance or hazardous waste (as these terms are
defined in the Comprehensive Environmental Response, Compensation
and Liability Act of 1980, 42 U.S.C. 9601, et secr. ) or the Resource
Conservation and Recovery Act of 1976, 42 U.S.C. 6901, et sec'.) on
the right-of-way (unless the release or threatened release is
wholly unrelated to the right-of-way holder's activity on the
right-of-way. This agreement applies without regard to whether a
release is caused by the holder, its agent, or unrelated third
parties.
582796 B-686 P-793 01/26/96 05:33P PG 5 OF 6
EXHIBIT B
Page 2
4. The lessee shall mulch disturbed areas designated by the BLM.
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
objectional 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 objectional 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.
5. The lessee shall be responsible for weed control on disturbed
areas within the limits of the lease area. The lessee is
responsible for consultation with the authorized officer and/or
local authorities for acceptable weed control methods.
6. The lessee shall reestablish perennial vegetation that is
compatible with surrounding undisturbed vegetation. The following
is a list of plant species to be seeded. This list maybe modified
upon request if the lessee believes a different con{patible seed mix
would be successful•in stabilizing the site and in reestablishing
perennial vegetation.
Shadscale 1.0 lbs./acre
Bluebunch Wheatgrass 4.0
The rate of application is listed in pounds of pure live seed (PLS)
per acre. The seed will be certified and there will be no primary
or secondary noxious weeds in the seed mix. All disturbed surfaces
shall be seeded within two days after completing dirt work. The
seeding will be repeated will be repeated until a satisfactory
stand is established as determined by the authorized officer.
582796 B-686 P-793 01/26/96 05:33P PG 6 OF 6
