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HomeMy WebLinkAboutC18-348 Bureau of Land Management1 Form 280(k4 UNITED STATES (August 1985) DEPARTMENT OF THE INTERIOR BUREAU OF LAND MANAGEMENT Eagle County, CO 201821793 Regina O'Brien 12/26/2018 Pgs: 17 09:07:17 AM REC: $0.00 DOC: $0.00 Issuing Office LLCON04000 r eumb RIGHT-OF-WAY GRANT/TEMPORARY USE PERMIT Serial Ncoc aumb 1. A (right-of-way) (permit) is hereby granted pursuant to: a. Q✓ 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, Colorado receives a right to construct, operate, maintain, and terminate a Public Road on public lands (or Federal land for MLA Rights -of -Way) described as follows See attached. The right-of-way or permit area granted herein is Varies feet wide, 149,846 feet long and contains 206 acres, more or less. If a site type facility, the facility contains N/A acres. c. This instrument shall terminate on 12/31/2048 30 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 []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 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) 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. Terns and Conditions: a. This grantor permit is issued subjectto the holder's compliance with all applicable regulations containedin 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 (I)(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 dated 09/1012018 attached hereto, are incorporated into and made a part ofthis grant instrument as fully and effectively as if they were set forth herein in their entirety e. Failureoftheholdermcomplywithapplicablelaworanyprovisionofthisright-of-way grantor permit shall constitute gmundsforsuspensionorterminationthereof E The holder shal I 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 WITNES OF, The undersigned agrees to land conditions of this right-of-way grant or permit. (Signature of Holder) (Si tureof Authorized Officer) 7 ,+/ (Z Actine Field Manager (Title) (Title) 10/"7"� b� �-] q /Z,-? (Date) (Eliective IDate of Grant) (Form 2800-14, page ?) 201821793 LEGAL DESCRIPTIONS. Sixth Principal Meridian, Colorado T. 2 S., R. 82 W., sec. 2, lot 5; sec. 3, lots 12 thru 14, 16, and 17; sec. 4, lot 21, SW 1/4NE 1/4, S 1/2NW 1/4, and NW 1/4 SW 1/4; sec. 5, lot 24, NE1/4SE1/4, and S112SE1/4; sec. 7, lots 5, 9, 14 thru 16, 20, 21, and NENNE 1/4; sec. 8, lot I; sec. 18, lots 8 and 9. T. 2 S., R. 83 W., sec. 6, lots 10, and 11; sec. 13, lots 1 thru 3, and W1/2SE1/4; sec. 24, NW 1/4NE1/4, NEI/4NW 1/4, S 1/2NW 1/4, and W 1/2SW 1/4; sec. 25, NW 1/4NW 1/4. T. 5 S., R. 83 W., sec. 2, lots 2, and 8. T. 2 S., R. 84 W., sec. 1, lots 12, 13, 17, 22, and NW 1/4SW 1/4; sec. 2, lot 16, NE1/4SE1/4, and S1/2SE1/4; sec. 3, lots 9, 10, 12, and SW 1/4SE 1/4; sec. 8, SENNE 1/4, N1/2SW1/4, SW1/4SW1/4, and N1/2SE1/4; sec. 9, lots 1, 3, N1/2NE1/4, and S1/2NW1/4; sec. 10, N 1/2NW 1/4; sec. 17, lots 2, 3, and 6; sec. 18, NE1/4SE1/4, and S1/2SE1/4; sec. 19, NW 1/4NE1/4, and NE1/4NW 1/4. T. 2 S., R. 85 W., sec. 13, SEI/4SEI/4; sec. 14, lots 16, 17, 19, and 25; sec. 21, SE1/4SW1/4, NE1/4SE1/4, and S1/2SE1/4; sec. 22, lot 3; sec. 23, NW 1/4NW 1/4; sec. 28, N 1/2NW 1/4, and SW 1/4NW 1/4; sec. 29, SEI/4NE1/4, SE1/4SW114, Nl/2SE1/4, and SW1/4SE1/4; sec. 31, S1/2SE1/4; sec. 32, N1/2NW 1/4, SW 1/4NW 1/4, and NW 1/4SW 1/4. T. 3 S., R. 85 W., sec. 5, lots 8, 9, and 16; sec. 6, lot 16, and SEI/4; sec. 7, N1/2NE1/4, SW1/4NE1/4, SEI/4NW1/4, and NE1/4SW1/4; sec. 18, SW I/4NW 1/4, and W 1/2SW 1/4. T. 3 S., R. 86 W., sec. 24, lot 1, NE 1/4NE1/4, and NW 1/4SW 1/4; sec. 26, lots 8, 15, 18 thru 20, and 21 thru 24; sec. 34, lots 10, and 12. 201821793 sec. 35, lot 2. T. 4 S., R. 86 W., sec. 3, lots 5, 9, and 10; sec. 9, lots 12, 22, 23, and 25; sec. 10, lot 3, NW 1/4NW 1/4, and S 1/2NW 1/4; sec. 16, lot 6; sec. 17, lots 14, 17, 19, and 20; sec. 18, lot 14; sec. 19, lots 15, 18, 21, and 24; sec. 30, lot 15; sec. 31, lot 20. T. 5 S., R. 86 W., sec. 5, tract 49. 201821793 APPENDIX A 9/10/2018 RIGHT-OF-WAY STIPULATIONS. The right-of-way shall be subject to the following additional stipulations. 1. The holder shall contact the Authorized Officer (AO) at least 180 days prior to the non- emergency anticipated start of any unauthorized 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 - Education/Discovery Stipulation. 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). C. The holder shall notify the AO at least 180 days prior to non -emergency activities that would cause surface disturbance in the ROW or TUP. The BLM will determine if a cultural resource inventory, treatment, or mitigation is required. D. A "Notice to Proceed" stipulation shall be required for any non -emergency activities as defined above that would cause surface disturbance on the ROW or TUP. Any request for a "Notice to Proceed" should be made to the AO, who shall review the proposed action for consistency with resource management concerns such as wildlife, big game winter range, paleontology, threatened and endangered species, and cultural resource protection. Additional measures may be required to protect these resources. 3. Paleontological Resources — Resource Monitor and Discovery Stipulations. 201821793 The applicant is responsible for informing all persons who are associated with the project operations that they will be subject to prosecution for disturbing or collecting vertebrate or other scientifically -important fossils, collecting large amounts of petrified wood (over 25lbs./day, up to 2501bs./year), or collecting fossils for commercial purposes on public lands. The holder shall retain the services of a qualified paleontologist to monitor all surface disturbing activities conducted within the project segments located in T2S R85W Sections 21, 29, and 32. BLM will provide the paleontological monitor with resource information prior to construction. If the monitor determines that construction activities are not in conformance with BLM requirements or that an identified scientifically significant fossil resources is at risk of damage or loss, the monitor shall have the authority to temporarily suspend construction in that area pending notification of BLM and a determination by a BLM paleontologist of how to proceed. In all other segments of the project area, the following stipulation shall apply: All persons associated with operations under this authorization shall be informed that any objects or sites of paleontological or scientific value, such as vertebrate or scientifically important invertebrate fossils, shall not be damaged, destroyed, removed, moved, or disturbed. If in connection with operations under this authorization any of the above resources are encountered the operator shall immediately suspend all activities in the immediate vicinity of the discovery that might further disturb such materials and notify the BLM authorized officer of the findings. The discovery must be protected until notified to proceed by the BLM authorized officer. 4. Sensitive, Threatened, & Endangered plants and potential habitat exist within project areas #17 and #18 (Map 5 & 6). Plant surveys shall be completed by a qualified biologist at the appropriate time of year prior to construction. If a large population (>50 plants) is found within the proposed disturbance area these plants should be transplanted or salvaged if they cannot be avoided. 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 seq.) 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. All construction, operation and maintenance shall be within the authorized limits of the right- of-way granted herein. Page 2 of 3 201821793 8. 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. 9. All BLM access roads affected by construction shall remain open to the public. Any temporary closures will be approved by the authorized officer. 10. BLM roads should not be maintained without first consulting with the authorized officer. 11. 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. 12. 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. 13. In order to stabilize the soils and minimize the risk of weed invasion, the disturbed areas shall be reclaimed and seeded with a native grass seed mix approved by the BLM. 14. Rock and soil material removed during the road improvement construction stage shall not be deposited within riparian areas or into the Colorado River. Discharge permits would be necessary if any material is discharged into the Colorado River. 15. Public recreation resources exist within all project areas. The holder shall not allow staging of materials or equipment in any recreation site. Page 3 of 3 201821793 LOCATION. Sides COC 43109 Rencwal Location A mmmmmmm N 1:255,000 201821793 The Proposed Action is a combined renewal and amendment action project. Right -of -Way Renewal. The Proposed Action involves renewing ROW COC -43109 for a 30 - year term subject to the stipulations contained in the original grants and new stipulations (see Appendix A). If there is a conflict, the attached stipulations will supersede the original stipulations. The public access road is 149,846 feet long with widths varying between 40 feet and 80 feet. Right -of -Way Amendment. The Eagle County Engineering Department was tasked with identifying locations along the Colorado River Road, which are in need of safety improvements. Seven locations have been identified with the help of the Eagle County Road and Bridge Department to eliminate blind curves, straighten the roadway and adjust the spacing between the road and the Union Pacific Railroad. Eagle County has requested additional ROW from the BLM to implement these improvements. The amount of ROW that has been requested varies throughout the corridor from 40 feet to 172 feet from the existing centerline of the roadway. The topography along the Colorado River Road is rather mountainous. The major economic factor in implementing these safety improvements would be the amount of earthwork that would need to be excavated. These projects would require the clearing of earth out to the proposed ROW, and from the proposed ROW line, cutting back the earth at an angle that would remain stable. The composition of the earth along the corridor cannot be accurately assessed without performing soil borings. Without accurate soil borings it is difficult to ascertain at which angle of cut back the slope would remain stable. Therefore, estimates were calculated using three different angles of cutting back the slope, 2:1 (which would be desirable), 1:1 or vertical. The steeper the angle that the slope is cut back, the less earthwork would be required. To determine the unit price for the earthwork, values were taken from previous projects of similar scope. These numbers were also vetted by a contractor with experience in this type of work. -It was assumed that the excavation of earth would fall into two categories, rock excavations or unclassified excavations. Rock excavation shall consist of igneous, metamorphic, and sedimentary rock, which cannot be excavated without blasting or the use of rippers, including all boulders or other detached stones having a volume of 1/2 cubic yard or more, as determined by physical or visual measurement. In the estimate for this application, a unit price of $28.48 per cubic yard was used. Unclassified excavation shall consist of the excavation of all materials of whatever character required for the work, obtained within the ROW, including surface boulders and excavation for ditches and channels that is not removed under some other items. Overhanging rock or other rock considered dangerous shall be removed when ordered, and will be classified "Unclassified Excavation." In the estimate for this application, a unit price of $12.18 per cubic yard was used. Projects would be built as funding becomes available. 201821793 See Project Area Overview Map for locations. Recommendations The top 5 projects that should be addressed are as follows. Project #? —Due to safety implications, this should be the first project to be addressed. The main reason for selecting this project is due to the tight constraints of the project corridor. The project is on a tight blind curve Compounding the problem is the narrow width of road which is right up against the railroad tracks. A situation where two cars and a train are all passing each other on that curve could have catastrophic results. Eds. a [at. Tn ek.e `r Reil This railroad services both Union Pacific and Amtrak. Due to the vertical requirements of the cuts, the economical implications are nearly astronomical. (Cost implications vary between $90 million and S24 million ifproject is constructed out to desired ROW) Project #7 - This project has a dangerous geological hazard with an overhanging bluff and a roadway that is in very close proximity to the river. It would also require a Army Corps of Engineer permit. Complications could also be encountered with possible historic significance within the overhanging bluff (Cost implications vary between S 15.6 million and S 1.5 million) Projects #8 201821793 Project #17 & #18 • Project #17 has historically incurred drainage issues. This area could possibly be mitigated by a use of materials Ecom Project #18, Project #18 has a history of accidents The materials excavated in these areas could possibly be a good resource of stable material to be used in maintenance For the Eagle County Road and Bridge Department. (Cost implications vary between $6.8 million and $5.5 million) Priority Project Cost Estimates 'Priority Rating = 1 being the lowest, 5 being the highest * Vertical Cut Estimate is based on best case scenario 201821793 Project Area Overview Map. Colorado Road Right Improvements and Renewal COC 43109 Rcncwal Location * proposed lmpsovement Locations 201821793 a o zs s 10 1:285,000 Map 1. Project #2. Colorado River Road Right Improvements Project #2 - QROW Limits of Improvement Project 43 201821793 J of Way Safety 0 005 0A 02 r.: 1.6,500 Map 2. Project #7. Colorado River Road Right of Way Safety Improvements Project #7 - Map 2 r, 1, N 4 --111111 .t) 111 i z.` X5z = I s {ter €. '� �y ��•t� F � �.•. LEGEND .F Lints el RUW ,: i Butes of Lind LLazop l bma+'ia ^_ak bc[Y evrsn off,-A%&.r� e+ha OtilSvldmra'e. ' lino raiou S'aAe ��itn'ut{ma4a o�/Nnec.\a'c'orW 1Lp .. l5 F.N SWVIM w'�sl SssiwL 74. po�a..ar drsel V.sl6rn� .�. �Fiul ernesdmiJ Or aPm�rusa ml� COC 43109 Location A ROW Limits of Improvement Project 07 N 201821793 0 0.05 0.1 0.2 IMMEMEN= Judas 1:6,500 ♦7 Map 3. Project #8. Colorado River Road Right of Way Safety Improvements Project #8 - Map 3 COC 43109 Location 0 00425 0085 0,17 M QROW Limits of Improvement Project .08 N 1:4,500 201821793 ti i f � 1 rJr q 1 t LEGEND ` —_.._.e.._W_._..__._�_ '8wa. a(Lrid NaRgmed yosznanrt aer bees BAw dLsd \fat�aseer� =Per! I t 60 u e, +.cw'., cL.h 4rw tl �e QKse ian W�lmtdn.ne. 'N Seo eaem A, 'i 1 � � �� . f 1/ � isF-ws� dgiule�sda+YSropd¢eRaimaerenkr . � � COC 43109 Location 0 00425 0085 0,17 M QROW Limits of Improvement Project .08 N 1:4,500 201821793 Map 4. Project *17. Colorado River Road Right of Way Safety Improvements Project #17 - Map 5 LEGEND G2L.*50IRM WFVMW S. thi Ad ft. dm 0,*.9 du —..Mk4 bm At t -w rzz COC 43109 Location0 0,05a-1 02 im A --- "s EDROW Limits of Improvement. Project #17 N 1:6,500 201821793 Map 5. Project #18. Colorado River Road Right of Way Improvements Project #18 - Map 6 QROW Limits of Improvement Project 918 201821793 0 0.05 0.10.2 Mies 1:6,500