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HomeMy WebLinkAbout954358FORM 2800 -14 (August 1985) 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: 3. Rental: Mr. Ernest Thornock P.O. Box 5 Cokeville, WY 84114 UNITED STATES DEPARTMENT OF THE INTERIOR BUREAU OF LAND MANAGEMENT RIGHT -OF -WAY GRANT SERIAL NUMBER WYW- 171250 receives a right to operate and maintain an existing hay stack yard, on public lands desCribed as follows: Sixth Principal Meridian, Lincoln County, Wyoming T. 25 N., R. 118 W., Section 32: Tract 98. Issuing Office KEMMERER FIELD OFFICE 003 91. 'ks`" 4t� b. The right -of -way area granted herein is 200 feet wide, 250 feet long and contains 1.15 acres, more or less. c. This instrument shall terminate on December 31, 2038, 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 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. 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. RECEIVED 7/13/2010 at 2:52 PM RECEIVING 954358 BOOK: 750 PAGE: 391 JEANNE WAGNER LINCOLN COUNTY CLERK, KEMMERER, WY 1 4. Terms and Conditions: 000 392 a. This grant 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 Exhibit A dated October 6, 2009, 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. 2 e. Failure of the holder to comply with applicable law or any provision of this right -of -way grant 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. g. The Holder shall not initiate any construction or other surface disturbing activities on the right -of -way without the prior written authorization of the Authorized Officer. Such authorization shall be a written notice to proceed issued by the Authorized Officer. Any notice to proceed shall authorize construction or use only as therein expressly stated and only for the particular location or use therein described. h. 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. The Holder shall be responsible for total control of all invasive /noxious weed species on any and all disturbed sites, including areas outside the development where weeds have established due to project installation and development. If at all possible all vehicles and equipment used for project construction and developments should be power or high pressure washed prior to entering the project area. Guidelines in Partners Against Weeds, An Action Plan for the Bureau of Land Management needs to be followed as outlined in Appendix 4 as a prototype for weed prevention measures on public lands. The Holder is responsible for consultation with the Authorized Officer and /or local authorities for acceptable weed control methods, and shall comply with the following: Use of pesticides shall comply with all applicable Federal and State laws. Pesticides shall be used only in accordance with their registered uses within limitations imposed by the Secretary of the Interior. Prior to the use of the pesticides, the Holder shall obtain from the Authorized Officer, written approval of a Pesticide Use Proposal Plan showing the type and quantity of material to be used, pest(s) to be controlled, method of application, locations of storage and disposal of containers, and any other information deemed necessary by the Authorized Officer. ,x. 393 Only those chemicals (pesticides and herbicides) listed on the BLM approved label list are authorized for use on public lands. A Pesticide Use Proposal (PUP) must be submitted for each chemical used, and it cannot be used until approval has been obtained in writing from the BLM authorized officer. The report needs to include any surfactants or dyes used in the spraying operation. Applicator(s) of chemicals used must have completed the pesticide certification training and have a current up to date Certified Pesticide Applicator's License. Pesticide Application Records for the areas and acres treated must be submitted to the BLM Kemmerer Field Office each year. This includes the following: Brand or Product name EPA registration number Total amount applied (use rate #A.1./acre) Date of application Location of application Size of area treated Method of treatment (air /ground) Name of applicator Certification number and dates Costs to treatment Amount of surfactants or dyes used in spraying operation The record information must be recorded no later than 14 days following the pesticide application and must be maintained for ten years. Use of herbicides on public lands must comply with the labeled use as specified and outlined for each individual herbicide label. In the even that the public land underlying the right -of -way (ROW) encompassed in this grant, or a portion thereof, is conveyed out of Federal ownership and administration of the ROW or the land underlying the ROW is not being reserved to the United States in the patent/deed/ and /or the United States waives any right it has to administer the right -of -way, or portion thereof, within the conveyed land under Federal laws, statutes, and regulations, including the regulations at 43 CFR Part 2800 or 2880, including any rights to have the holder apply to BLM for amendments, modifications, or assignments and for BLM to approve or recognize such amendments, modifications, or assignments. At the time of conveyance, the patentee /grantee, and their successors and assigns, shall succeed to the interests of the United States in all matters relating to the right -of -way, or portion thereof, within the conveyed land and shall be subject to applicable State and local government laws, statues, and ordinances. After conveyance, any disputes concerning compliance with the use and the terms and conditions of the ROW shall be considered a civil matter between the patentee /grantee and the ROW holder. k. The Holder shall conduct all activities associated with the operation, and termination of the right -of -way within the authorized limits of the right -of -way. 3 Ninety days 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. IN WITNESS WHEREOF, The undersigned agrees to the terms and conditions of this right -of -way grant. (Signature of Holder) C a`? (Title) (Date of Auth ed Officer nature o Officer) CUIS MKS (Title) h r 30, 1009 (Effective Date of Grant) 4 ?V Exhibit A WYW-171250 Q l.?Y e Alg 09 aid