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HomeMy WebLinkAbout956543FORM 2800 -14 (August 1985) 3. Rental: Ernest Thornock 1403 Pine Creek Road Cokeville, WY 83114 6 PM, T. 25 N., R. 118 W., section 33, Lot 26; Lincoln County, Wyoming, 4. Terms and Conditions: RECEIVED 11/5/2010 at 12:17 PM RECEIVING 956543 BOOK: 756 PAGE: 703 JEANNE WAGNER LINCOLN COUNTY CLERK, KEMMERER, WY UNITED STATES DEPARTMENT OF THE INTERIOR BUREAU OF LAND MANAGEMENT R/W GRANT SERIAL NUMBER WYW- 171120 Issuing Office KEMMERER FIELD OFFICE 00u703 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: receives a right to construct, operate, maintain and terminate an access road to private property on public lands described as follows: b. The permit area granted herein is 60 feet wide, 420 feet long. The right -of -way contains 0.58 acres, more or less. c. This instrument shall terminate on December 31, 2037, 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. 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 permit. 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. 00'0'704 2 a. This 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 permit 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 permit 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 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 August 27, 2007, attached hereto, are incorporated into and made a part of this permit 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 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. g. 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 permit on August 27, 2007. 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 permit, 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 immediate temporary suspension of activities if it constitutes a threat to public health and safety or the environment. h. Construction activities will not be conducted using frozen or saturated soils or during periods when water shed damage is likely to occur. 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. j. 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. k. 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 00 705 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. 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.I. /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. 3 1. Failure of the holder to share maintenance cost in dollars, equipment, material, or manpower proportionate to grantee's use with other authorized users may be adequate grounds to terminate the right of-way grant. The determination as to whether this has occurred and decision to terminate shall rest with the authorized officer. Upon request, the authorized officer shall be provided with copies of any maintenance agreement entered into. m. If snow removal from the road is undertaken, equipment used for snow removal operations shall be equipped with shoes to keep the blade 2 inches off the road surface. Holder shall take special precautions where the surface of the ground is uneven and at drainage crossings to ensure that equipment blades do not destroy vegetation. n. The holder of Right -of -Way No. WYW- 171120 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 seq. Or the Resource Conservation and Recovery Act of 1976, 42 U.S.C. 6901 et seq.) 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. o. 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 to (Signature of Holder) (Title) 6 /lc (io (Da and conditions of this permit. 00&706 4 ignature of uthorized Officer) AL Mtler464,Fg_ (Title) Ocfiber. ?l i 2pID (Effective Date of Perm Exhibit "B" WYW- 171120 August 27, 2007 &707 I want to construct an access road across a small strip of BLM land which would provide access to my private property. The road would provide primary access to future home sits on my property. It would be used on a year round basis by recreational non ceimmercial vehicles. I would like to begin construction in the fall and plan to complete the road in approximately 15 days. I will also need access to provide power and t telephone service to my property. I will need permanent access as the road will provide access to permanent housing. The road will connect on the north with the existing Pine Creek Road. PLAN OF DEVELOPMENT FOR PROPOSED ACCE Description of facility Design Criteria The road would be approximately 420' in length and have a 15' wide driving surface. The road will be surfaced with a 6" deep layer of crushed gravel. I will need a right -of- way width of 60' as required by county development regulations and to provide adequate width for snow removal. Power and phone lines will be run at least 4' below the surface on the east side of the road near the right of way boundery. Construction Prior to construction, I will stake the centerline and flag the construction limits of the roadway and the limits of the right -of -way. I will also flag the future location of the power and phone line. I will notify your office at least 5 days prior to construction. I will do the actual road construction and dig the trench or trenches for power and phone access. I will re -seed any disturbed areas outside the driving surface with a pre- approved native seed mixture. I will be responsible for weed control under BLM guidelines. Operation and Maintenance I will maintain the gravel road and the right -of -way in an environmentally safe and friendly manner. Cross section •Y: Customer(s): ERNESTAORNOCK Exhibit A" WYW-171120 August 27, 2007 Easeme Indary Field Office: Cokeville Field Office Assisted By Demont B Grandy 000708 iL Bureau of Reclamation ta Forest Service National Park Service Private State streams canals sections 40Q 0 400 800 1.200 1,600 Feet