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HomeMy WebLinkAbout9660272. Nature of Interest: 3. Rental: a. By this instrument, the holder: Ricky L. Whitmore P.O. Box 201 Kemmerer, WY 83101 Sixth Principal Meridian, Lincoln County, Wyoming T. 22 N., R. 116 W., Section 3: Lots 1 and 2. CERTIFIED to be a true and comparative copy of the official records on file AUG 9 2012 BUREAU OF LAND MANAGEMENT UNITED STATES DEPARTMENT OF THE INTERIOR BUREAU OF LAND MANAGEMENT RIGHT -OF -WAY GRANT SERIAL NUMBER WYW- 171394 RECEIVED 8/9/2012 at 2:03 PM RECEIVING 966027 BOOK: 791 PAGE: 159 JEANNE WAGNER LINCOLN COUNTY CLERK, KEMMERER, WY 00159 Issuing Office KEMMERER FIELD OFFICE 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). receives a right to construct, operate, maintain, and terminate an existing access road to private property, on public lands described as follows: b. The right -of -way area granted herein is 16 feet wide, 1600 feet long and contains .59 acres, more or less. c. This instrument shall terminate on December 31, 2041, 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. 4. Terms and Conditions: u0160 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. 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. 2 d. The stipulations, plans, maps, or designs set forth in Exhibit A dated March 30, 2012, 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. 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 Toss 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. h. 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 will prepare a Noxious Weed Control Plan for submission to the BLM. The plan needs to provide the prescribed methods to prevent, mitigate, and control the spread of noxious weeds during and following construction of the project. 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 00161 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. The holder would be responsible for weed control per the KFO weed stipulations on the disturbed areas within the limits of the ROW to prevent the spread of weeds on public lands, including halogeten (Halogeten glomeratus) and Cheatgrass (Bromus tectorum). The Holder is responsible for contacting livestock permittees on assigned allotments so they are informed of work locations. k. The Holder needs to ensure that all damaged gates, cattleguards, and fences are repaired as soon as possible to keep livestock within assigned allotments and pastures. The Holder is responsible for all weed control including re- seeding, and re- habilitation of disturbed sites and roads. m. The Holder needs to keep up on all maintenance of damaged roads and see that they are repaired as soon as possible to facilitate ongoing livestock operations. n. Removal or alteration of existing range improvements is prohibited unless prior approval is obtained from BLM. o. Operator personnel and contractors would minimize contact with and avoid harassment of livestock. The stipulations above pertain to the following documents: Instruction Memorandum No. 99 -178 clearly states that Invasive /Nonnative species are required to be considered and given through consideration especially weeds in all BLM Environmental Assessments (EA) and Environmental Impact Statements (EIS). The Record of Decision and Approved Kemmerer Resource Management Plan (RMP) (signed May 24, 2010) states as follows on page 2 -30: "BR:1.3 Manage for healthy native plant communities by reducing, preventing, expansion of or eliminating the occurrence of invasive, nonnative species, undesirable, nonnative, or noxious weeds(predatory plant pests or disease) by implementing management actions consistent with goals included in "Partners Against Weeds" and consistent with weed management plans The Kemmerer Record of Decision and RMP (May 24, 2010) tiers to the Record of Decision and Final Environmental Impact Statement (EIS) for Vegetation Treatments Using Herbicides on Bureau of Land Management Lands in 17 Western States including Alaska Programmatic Environmental Impact Statement (October 2007). Environmental Assessment WY- 090- EA09 -52 Invasive Plant Management for Kemmerer, Pinedale, and Rock Springs Office(s) (January 30, 2009) address's site specific weed treatments and is tiered to the Record of Decision and Final EIS for the 17 Western States including Alaska and Record of Decision and Kemmerer RMP approved May 24, 2010. The Partners Against Weeds An Action Plan for the Bureau of Land Management (January 1996), in appendix 4, outlines a prototype for weed prevention measures and best known practices for roads, recreation, wilderness, road less areas, cultural resources, wildlife, range, timber, minerals, and fires. Information Bulletin No.WY -98 -016 Weed Management Guidance. 0016`' The Bureau of Land Management Decision Notice and Finding of No Significant Impact written in 1996 and updated in1997 NEPA Document. Instruction Memorandum No.WY -99 -29 Executive Order #13112 Invasive Species. Washington Information Bulletin No. 99 -110 Submission of Pesticide Use Report As directed in this bulletin in BLM Manual 9011 Chemical Pest Control, Part .13C and H- 9011 -1, Part C.3, "...the BLM is required to submit annual Pesticide Use Report to the Environmental Protection Agency to meet this requirement, each state must submit their Pesticide Use Report." Information Bulletin No.WY- 2000 -25 Annual Pesticide Use Report. Instruction Memorandum No. 2006 -073 is a National weed free policy that focuses on weed free seed, and straw and mulch as part of rehabilitation activities, this is now included in all oil /gas permitting. In the event 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 q• 00163 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. 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. r. 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 inches deep, the soil shall be deemed too wet to adequately support construction equipment. Frozen soil or soil mixed with snow will not be used in construction. s. If snow removal from the road is undertaken, equipment used for snow removal operations shall be equipped with shoes to keep the blade 6 inches off the road surface. The 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. t. The 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, and surfacing). u. For the purpose of determining joint maintenance responsibilities, the Holder shall make road use plans known to all other authorized users of the road. The Holder shall provide the Authorized Officer, within 30 days from the date of the grant, with the names and addresses of all parties notified, dates of notification, and method of notification. Failure of the Holder to share proportionate maintenance costs on the common use access road in dollars, equipment, materials, or manpower with other authorized users may be adequate grounds to terminate the right -of -way grant. The determination as to whether this has occurred and the 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. v. The holder shall meet Federal, State, and local emission standards for air quality. w. The Holder shall comply with all applicable Federal, State and local laws and regulations, existing or hereafter enacted or promulgated, with regard to any Haz Mat, as defined in this paragraph, that will be used, produced, transported or stored on or within the ROW or any of the ROW facilities, or used in the construction, operation, maintenance, or termination of the ROW or any of its facilities. 'Hazardous material' means any substance, pollutant or contaminant that is listed as hazardous under the CERCLA of 1980, as amended, 42 U.S.C. 9601 et seq., and its regulations. The definition of hazardous substances under CERCLA includes any 'Hazardous waste' as defined in the RCRA of 1976, as amended, 42 U.S.C. 6901 et seq. and its regulations. The term hazardous materials, also includes any nuclear or byproduct material as defined by the Atomic Energy Act of 1954, as amended. 42 U.S.C. 2011 et seq. The term does not include petroleum, including crude oil or any fraction thereof that is not otherwise specifically listed or designated as a hazardous substance under CERCLA section 101(14), 42 U.S.C. 9601(14), nor does the term include natural gas. The Holder of Right -of -Way No. WYW- 171394 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 ROW (unless the release or threatened release is wholly unrelated to the ROW Holder's activity on the ROW). This agreement applies without regard to whether a release is caused by the Holder, its agent, or unrelated third parties. x. Authorized construction, routine maintenance, or surface disturbance /disruptive activities is not allowed during the period from March 15 through July 15 for the protection of Greater Sage Grouse nesting /early brood rearing habitat. Y. The Holder may request an exception in writing to the above stipulation. Any exceptions to the stipulation must be approved in writing by the Authorized Officer prior to conducting any surface disturbing or prior to conducting activities disruptive to wildlife. The exception request must explain the reason(s) for the exception, why the proposed activities will not impact the species or their habitat, and the dates for which the exception is requested. Data supporting the exception must accompany the written request. 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. f (Signature of Holder) (Title) 5 I z 4113I1 5 2017 (Date) (Effective Date of Grant) CERTIFIED to be a true and comparative copy of the official records on file AUG 9 2012 BUREAU OF LAND MANAGEMENT 00164 nature of Authorized Officer) (Title) I I A II II j II II IJ CD If p l J GJ tl= ri rr 1/ N 11 1 II. I /1 1 II II li II U i O Q 7 el 00165 Exhibit A WYW- 171394 May 30, 2012 i L' J I_ I v ET I `1J 1 i. n I -c= r II:•. io 1 0 II I 4