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HomeMy WebLinkAbout1.0 Application( Of 1 0 EED COUNTY, COLORADO PETITION FOR EXEMPTION Pursuant to C.R.S. (1973) Section 30-28-101 (10) (a) - (d) as amended, and the Subdivision Regulations of Garfield County, Colorado, adopted January 2, 1979 Section 2.02.01 (d) and 3.02.01 the undersigned NoR-tH -1 1aTritSo.J Fo or rrrtle Irn% NE(A 1- Ar.4 1+Ano C�OTIoa respectfully petitioners the Board of County Commissioners of Garfield Courjty, Colorado, to exempt by resolu- tion the division of 1 1 g acre tract of 1 and into tracts of approximately � - 113 acres each, more or less, from the difinitions of "subdivision" and "subdivided land" as the terms are used and defined in C.R.S. (1973) Section 30-28-101 (10) (a) -(d) and the Garfield County Subdivision Regulations, for the reasons stated below: In support of this petition, the petitioner also submits the following: A. Map drawn to scale showing proposed lot subdivision and access. B. Copy of deed C. Vicinity map sv�:-5 D. Statement on source of domestic water - E. Statement on method of sewage disposal — SeP+'` F. 100 year floodplain information where live stream crosses or adjoins said tract '1'x'0 G. Evidence of the soil types H. Copy of Assessor's map showing the property w oo.b �egQ� I. Practical description of property location- y;.,,9 u„s4e..1, .; ,ve 4u. J. Fee in the amount of _ SS o 0 K. $200.00 fee for each new lot created dayof Submitted at Glenwood Springs, Colorado, this /6, (2ee• 16321.W thbW Se.1 Tour Peti tioner /d3'7 ioo'se, Mailing Address reb , 1Q?z )71;!t. MIA/trio- ii LAUD ear,. G_to 3.-2 3;S Telephone Number Of r -,RFIELD COUNTY, COLORADO PETITION FOR EXEMPTION ,L-:5 OF • Pursuant to C.R.S. (1973) Section 30-28-101 (10) (a) - (d) as amended, and the Subdivision Regulations of Garfield County, Colorado, adopted January 2, 1979 Section 2.02.01 (d) and 3.02.01 the undersigned 4404 -ti IWerrpws 4- '»,Lc j/YltrlrrrsL. ANw L4ivb Cern• respectfully petitioners the Board of County Commissioners of Garfield Courjty, Colorado, to exempt by resolu- tion the division of //c' acre tract of land into tracts of approximately 5 4 /3 acres each, more or less, from the difinitions of "subdivision" and "subdivided land" as the terms are used and defined in C.R.S. (1973) Section 30-28-101 (10) (a) -(d) and the Garfield County Subdivision Regulations, for the reasons stated below: 21 -ES AL6 In support of this petition, the petitioner also submits the following: A. Map drawn to scale showing proposed lot subdivision and access. B. Copy of deed C. Vicinity map D. Statement on source of domestic water E. Statement on method of sewage disposal F. 100 year floodplain information where live stream crosses or adjoins said tract G. Evidence of the soil types H. Copy of Assessor's map showing the property I. Practical description of property location J. Fee in the amount of $ K. $200.00 fee for each new lot created 19 Submitted at Glenwood Springs, Colorad , his day of Petitioner Mailing Address Telephone Number • • • 3 • s • • c. srt c ) 04 104 • 3 Z ' Tv r .4 a ct 1_61- .u%J diviSno.J 0 PI\ 5( 7347. ,3o 29 1. J 0 O 4.365 4364 Cr stal 1 tiver`' ,net; 4363 • . 7478 5hO %i G'E4 .gyp iNA J ry P 6 0 7587 V 07222 4362 J r� o' 32 •CartondOe ARFIEiD--CO PITKIN CO r 08 oA / • ; a2in 4361000 N. 4360 4.359 560 000 FEET 7358 • • Pro o4- a t- 61-4.1141Qri11• g Proof- 04 ac.,�&esh•P DISTRICT COURT, GARFIELD COUNTY, COLORADO Case No. 80CV325 JUDGMENT AND DECREE NORTH THOMPSON FOUR MILE MINERAL AND LAND CORPORATION, a Colora•o corporation, Plaintiff, vs. THE NORTH THOMPSON CATTLE GROWERS ASSOCIATION, and all UNKNOWN persons who claim any interest in the subject matter of this action. Defendants. THIS CAUSE, coming on to be heard this 2:112-' day of 1981, and THE COURT FINDS: , A.D. 1. That each defendant herein has been properly served as required by law and rule of Court. 2. That David Goluba, attorney at law, has been heretofore appointed and appeared for any and all defendants who are in, or who may be in, or who may have been ordered to report for induction into the military service as defined by the Soldiers' and Sailors' Civil Relief Act of 1940, as amended. 3. That this is an action in rem affecting specific real property. 4. That the court has jurisdiction of the parties to this action and of the subject matter hereof. 5. That the defendant The North Thompson Cattle Growers Association was, at one time, an unincorporated association which held title to the real property which is the subject matter of this action. 6. That the defendant North Thompson Cattle Growers Association has since become and is now defunct and non-existent. 7. That the North Thompson Cattle Growers Association came to be • known as the North Thompson Four Mile Livestock Association, an unin- corporated association, and all of the assets of the North Thompson Cattle Growers Association, including the real property the subject of this action, were owned and held by the North Thompson Four Mile Livestock Association. I D1STz1CT COURT OF G LENS�%OQI� GARFIELD COUNTY e: t:c:G to SPRINGS. COLO:t.1L?O c full, t ori::;.^.d1 I.'1 r y . r true !'" 1 con C �':'3' of the 8. That the North Thompson Four Mile Livestock Association attempted to convey all of the real property owned by it to the North Thompson Four Mile Land Trust by quit claim deeds dated May 24, 1950, and recorded in the records of the Clerk and Recorder of Garfield County, Colorado, as Document No. 173644, but that said quit claim deeds omitted the real property here- inafter described as a result of scriveners or other inadvertent error. 9. That the North Thompson Four Mile Mineral and Land Corporation was formed in 1950 and the certificate of incorporporation thereof recorded in the records of the Clerk and Recorder of Garfield County, Colorado, on February 24, 1951, as Document No. 175185. Said corporation was formed for the purpose of acquiring all of the assets of the North Thompson Four Mile Land Trust. 10. That by quit claim deed dated February 23, 1951, and recorded as Reception No. 175187 of the Garfield County records, the North Thompson Four Mile Land Trust conveyed to the North Thompson Four Mile Mineral and Land Corporation what was intended to be all of the real property of said Land Trust. 11. That the real property which is the subject matter of this action was omitted from said quit claim deed dated February 23, 1951, as a result of scriveners or other inadvertent error, it having been intended that said real property be conveyed to the plaintiff herein. 12. That by quit claim deed recorded April 7, 1958, as Reception No. 201148 of the Garfield County records, the plaintiff conveyed all minerals and mineral rights and interests in, upon, or under all of the plaintiffs real property, including the real property the subject of this action. 13. That by instrument recorded October 19, 1961, as Reception No. 215433 of the Garfield County records, the plaintiff purported to convey a right of way and easement to Rocky Mountain Natual Gas Company, Inc., over and across that portion of the real property the subject of this action, locathd in Section 6, Township 8 South, Range 88 West of the 6th P.M. 14. That plaintiff has been in possession of the real property hereinafter described continuously and without interruption and under claim and color of title since its receipt of the above describedquit claim deed dated February 23, 1951. 15. That during its possession of the subject real property plaintiff has paid all taxes legally assessed thereon for in excess of seven (7) successive years. 16. That the allegations of the complaint are true. 17. That no defendant herein has any right, title or interest in or to the property described herein or any part thereof. -2- • IT IS THEREFORE ORDERED, ADJUDGED AND DECREED, that the default of the defendants, and each of them, be and hereby is entered herein, and that plaintiff may proceed with default judgment against all defendants; that, the plaintiff North Thompson Four Mile Mineral And Land Corporation is the owner of the following described.real estate situate, lying and being in the County of Garfield, State. of Colorado, to wit: The West twenty-one (21) acres of Lot 4, Section 5, and Lots 1, 2 and 3, Section 6, Township 8 South, Range 88 West of the 6th P.M. IT IS FURTHER ORDERED, ADJUDGED AND DECREED that the defendants have no right, title or interest in the above described real property and that plaintiff's title therein and thereto is good and valid; that title to all of said real property is hereby quieted in plaintiff; that the defendants and each and every one of them, both known and unknown, and all persons, corporations, and associations claiming by, through or under them, or any of them;'are hereby forever enjoined and debarred from claiming any right, title, interest or estate in or to the real property described herein, or any part thereof. DONE in Glenwood Springs, Colorado, the day and year first above written. BY THE COURT: 1 j� 1 Lam/ District Judge APPROVED AS TO FORM: David Goluba, attorney appointed to represent military defendants. STATE OF COLORADO ss. VERIFICATION COUNTY OF GARFIELD I, Betty Kimminau, Clerk of the District Court in and for the County and State aforesaid, do hereby certify that the foregoing JUDGMENT AND DECREE is a true and correct copy of the original JUDGMENT AND DECREE in the above entitled action now in my office remaining. IN WITNESS WHEREOF, I have hereunto set my hand and my office this .2740V day of � , A.D. 1981. the seal of Bv: Clerk of the District Court . 7NN/p LE II > , J. tf /�-� FZ I 5Z / I SF E %!• -� iwOlC) Cad 9E 1 s€o• -1l tk 'f0! 11 ! /S ! a; S J .Lt 6t 9L /40 y117 ;; 11.1'1 i. \ • �_ - \lt - 11 __ — �- "Q.,; ,.SME 31YLN08'. .c X 1E fr 71 _rk lurod� • Mae �.. $r 06 ; .�33 .. • S 7.ts 4.1 • J. ¢C zE [e Z04yWy ''> tIPH.`�`' W •Ee 1 \•.? A l w•I /II -ELL II _ 1 e II + 1 f, 61 1_5T I 4Zl\ Y aclump �uo�j,I �i'J-6t f1 J \\ II -t sir - �- 1 O (!a.. 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S;i-s}TE OF BOLO ADO Application No. W-2875 �C 'r�__..7«.//12 IN THE MATTER OF THE APPLICATION ) FOR WATER RIGHTS OF NORTH THOMPSON FOUR) MILE MINERAL AND LAND CORPORATION IN THE CRYSTAL RIVER ) RULING OF REFEREE OR ITS TRIBUTARIES TRIBUTARY INVOLVED: UNNAMED TRIBUTARY OF EDGERTON CREEK ) IN GARFIELD COUNTY ) The above entitled application was filed on December 23, 1975, and was referred to the undersigned as Water Referee for Water Division No. 5, State of Colorado, by the Water Judge of said Court on the 16th day of January, 1976, in accordance with Article 92 of Chapter 37, Colorado Re- vised Statutes 1973, known as The Water Rights Determination and Adminis- tration Act of 1969. And the undersigned Referee having made such investigations as are necessary to determine whether or not the statements in the application are true and having become fully advised with respect to the subject matter of the application does hereby make the following determination and ruling as the Referee in this matter, to -wit: I. The statements in the application are true. 2. The name of the structure is Rizzoli Watering System. 3. The name of the claimant and address is The North Thompson - Four Mile Mineral and Land Corporation; c/o Flavin Cerise; P.O. Box M; Carbondale, Colorado. 4. The source of the water is Rizzoli Springs Nos. 1 & 2, tribu- tary to an unnamed tributary of Edgerton Creek, tributary to the Crystal River. 5. (a) Rizzoli Spring No. 1 is located in the NE4NE'; of Section 1, T.8S., R.89W. of the 6th P.M. at a point whence the South Quarter Corner of Section 31, T.7S., R.88W. of the 6th P.M. bears N. 36° 21' 47" E. 2,354.91 feet. (b) Rizzoli SpringNo. 2' is located in the NE-NE4 of Section 1, T. 8S., R.89W. of the 6th P.. at a point whence the South Quarter Corner of Section 31, T.7S., R.88W. of the 6th P.M. bears N.37° 32' 29" E.2,184.60 feet. tion. 6. The use of the water is domestic, livestock water and irriga- 7. The date of initiation of appropriation is May, 1973. 8. The amount of water claimed is 0.25 cubic foot of water per second of time, absolute. 3. Thc. ._.prings were developed, a pond was constructed, the pipeline and watering trough were completed, and the water was first applied to the above beneficial uses in July, 1974. 10. The Rizzoli Watering System consists of a pipeline and Stock Watering Tank. The pipeline begins at the point of diversion from Rizzoli Pond, at a point whence the South Quarter Corner of Section 31, T.7S., R.88W., 6th P.M. bears: N.36° 32' 22" E. 2142.07 feet, and follows a line from the point of beginning N 54° 32' E. 35.00 feet; thenc S ¢0° 28' E. 149.77 feet; thence N.42° 29� E. 161.37 feet; thence N 73 3, E. 182.81 feet; thence S. 77° 38' E. 128.22 feet; thence N 53b 34'E. 177.37 feet; thence S. 68° 07' E. 90.99 feet; thence N. 55b 45' E. 174.24 feet; thence N. 29° 00' E. 133.81 feet; thence N. 09° 37' E. 88.33 feet; thence N. 00° 10' W. 361.98 feet; thence N. 85° 46' E. 443.18 feet; thence S. 42° 00' E. 154.00 feet; thence S. 64° 00' E. 675.00 feet; thence S.45 00' E. 136.00 feet to its point of termination at the Rizzoli Stock Watering Tank, which is located at a point whence the South Quarter Corner of Section 31, T.7S., R.88W. 6th P.M. bears: N. 39° 16' 31" W. 1600.52 ft. The Referee does therefore conclude that the above entiltied appli- cation should be granted and that 0.25 cubic foot of water per second of time hereby is awarded to the Ri_zzoli. Watering System, for domestic, livestock water and irrigation uses, with appropriation date of the 31st day of May, 1973, absolutely and unconditionally; subject, however, to all earlier priority rights of others and to the integration and tabulation by the Division Engineer of such priorities and changes of rights in accordance with law. It is accordingly ORDERED that this ruling shall be filed with the Water Clerk and shall become effective upon such filing, subject to Judi- cial review pursuant to Section 37-92-304 CRS 1973. It is further ORDERED that a copy of this ruling shall be filed with the appropriate Division Engineer and the State Engineer. Done at the City of Glenwood Springs, Colorado, this 3o - day The for, and rtr-t, Judgment and Dict ,e , 197 BY THE REFEREE: eteree W er Division No. 5 State of Colorado the of this court. Dated: ' 7-7%- Sa;L -I s _ (!) i'PEs • 8/81 71D—Almy loam, 6 to 12 percent slopes. This deep, well drained soil is on fans and uplands. It formed in alluvium derived dominantly from calcareous redbed sandstone and shale. Elevation is 6,000 to 7,800 feet. The average annual precipitation is 12 to 16 inches, the average annual air temperature is 42 to 46 degrees F, and the average frost -free period is 70 to 100 days. Typically, the surface layer is reddish brown loam 8 inches thick. The upper 3 inches of the subsoil is fine sandy loam. The lower 5 inches is fine sandy clay loam. The substratum to a depth of 60 inches or icrore is fine sandy loam. The soil is noncalcareous to a depth of 10 to 15 inches and calcareous below that depth. Included in this unit are small areas of Enprado soils and similar soils which are calcareous at depths less than 10 inches. Included areas make up about 20 percent of the total acreage. Permeability of the Almy soil is moderate. Available water capacity is high. Effective rooting depth is 60 inches or more. Runoff is medium, and the hazard of water erosion is moderate. This unit is used for rangeland and pastureland. The potential plant community on this unit is mainly bluebunch wheatgrass, Indian ricegrass, bottlebrush squirreltail, Douglas rabbitbrush and Wyoming big sagebrush. Prairie junegrass, needleandthread, and Sandberg bluegrass are also present in the potential plant community. The average annual production of air-dry vegetation is about 800 pounds per acre. If the range condition deteriorates, Wyoming big sagebrush, Douglas rabbitbrush, cheatgrass arra annual weeds increase. Range seeding is suitable if the range is in poor condition. The suitability of this unit for rangeland seeding is good. This unit is suited to hay and pasture. If this unit is used for hay and pasture, the main limitations are steep slopes and adequate irrigation water. Grasses and legumes grow well if adequate fertilizer is used. If this unit is used for homesite developmnt, the main limitation is slope on the steeper areas. The map unit is in capability subclass IVe, irrigated, and IVe, nonirrigated. It is in Rolling Loam range site. • Sv R C3 LI n la- Yip" 8/81 29 F--Arle-Ansari-Rck outcrop, complex, 12 to 50 percent slopes. This map unit is on mountain and valley sideslopes. Elevation is 6,000 to 8,200 feet. The average annual precipitation is 16 to 18 inches, the average annual air temperature is 42 to 45 degrees F, and the average frost -free period is 80 to 100 days. The native vegetation is mainly woody shrubs, grasses, and forbs. .This unit is 40 percent Arle very stony loam, 30 percent Ansari loam, and 20 percent Rock outcrop. The components of this unit are so intricately intermingled that it was not practical to snap diem separately at the scale used. Included in this unit are small areas of Morval soils in valley fill areas. Also included are small areas of soils that are similar to Morval soils but have a higher content of clay. Included areas make up about 10 percent of the total acreage. The Arle soil is moderately deep and well drained. It formed in residuum derived dominatly f.ran redbed sandstone and shale. Typically, the surface is covered with 20 to 40 percent flagstones and channery fragments. The surface layer is reddish brown very stony loam about 10 inches thick. The subsoil is very stony loam about 8 inches thick. The substratum to a depth of 30 inches or more is very stony loam. Depth to bedrock ranges from 20 to 40 inches. The soil is mildly alkaline to a depth of 10 inches and moderately alkaline below tom: depth. A thin layer of partially decomposed needles, twigs, and leaves is on the surface in many places. Permeability of the Arle soil is moderate. Available water capacity is low. Effective rooting depth is 20 to 40 inches. Runoff is medium, and the hazard of water erosion is high to very high. The Ansari soil is shallow and well drained. It formed in residuum derived dominatly from redbed sandstone and shale. The surface layer is reddish brown loan about 8 inches thick. The upper 6 inches of the underlying material is loam. The lower part to a depth of 20 inches is hard calcareous sandstone. Depth to bedrock ranges from 10 to 20 inches. The soil is moderately alkaline and calcareous throughout the profile. A thin layer of partially decomposed needles, twigs, and leaves is on the surface in many places. Permeability of the Ansari soil is moderate. Available water capacity is very low. Effective rooting depth is 10 to 20 inches. Runoff is rapid, and the hazard of water erosionis very high. This unit is used mainly for rangeland. It is also used for wildlife habitat and homesite development. The potential plant community on this unit is mainly bluebunch wheatgrass, Indian ricegra:,-;, Ross sedge, true mountainmahoyany, antelope bitterbrush, and mountain big sagebrush. Bottlebrush squirreltail, Utan serviceberry, and scattered pinyon pine, Utah juniper, and Gambel oak commonly are also present in the potential plant oorrununity. The average annual production of air-dry vegetation is about 900 pounds per acre. If the range condition deteriorates, mountain big sagebrush, rubber rabbitbrush, needleandthread, and annual weeds increase. • • Management practices suitable for use on this unit are proper grazing use and a planned grazing system. The suitability of this soil for rangeland seeding is poor. The main limitations for seeding are steepness of slope, stones on the surface, and Rack outcrop. Brush management ~improves deteriorated areas of range that are producing more woody shrubs than were present in the potential plant community. Slope limits access by livestock and results in overgrazing of the less sloping areas. Loss of the surface layer results in a severe decrease in productivity and in the potential of the soil to produce plants suitable for grazing. If this unit is used for homesite development, the main limitations are steepness of slope and depth to bedrock. Cuts needed to provide essentially level building sites can expose bedrock. Erosion is a hazard in the steeper areas. Only the part of the site that is used for construction should be disturbed. This reap unit is in capability subclass VIIe, nonirrigated. It is in Loamy Slopes range site. . Z , s r b a i C C�t 1 UNITED STATES DEPARTMENT OF THE INTERIOR BUREAU OF LAND MANAGEMENT c_7 3? - Right -of -Way Grant Serial No. C-35155 Expiration Date c7;e0 This right-of-way grant, which is a license for a term of 30 years entered into on ct•3,kcig; , by the United States of America, the licensor, through the Bureau of Land Management, and North Thompson Four Mile Mineral and Land Corporation, 113 7th St., Carbondale, Colorado 81623, the licensee, is hereby issued under Title V of the Federal Land Policy and Management Act of 1976 (90 Stat. 2743, 2776-2732; 43 U.S.C. 1701, 1761-1771). Sec. 1. DETAILS OF THE GRANT: Authorized use: 2" water pipeline Location of R/W: (within 40 acre aliquot parts or surveyed lots) Dimensions of R/W: Approved Map: Rental Required: Reimbursement of Processing Costs: Reimbursement of Monitoring Costs: T.8S,R.88W.,6th. P.M. Sec.6: Lot 4 T.8S,R.89W.,6th. P.M. Sec.': SE1/4NE1/4 20 feet wide and 3092 feet in length See Exhibit A, attached $25.00 advanced rental deposit paid $50.00 filing fee paid $20.00 monitoring fee paid Sec. 2. TERMS AND CONDITIONS -- this right-of-way grant is issued subject to all applicable Federal, State and local laws and regulations, now or hereafter in force. Most of the principal terms and conditions of this grant are prescribed by regulation, and the holder is charged with knowledge of these regulations. The following is a list of those renulations (Code of Federal Regulations, Title 43 Part 2300, attached) which define the holder's rights and resposibilities, as well as those of the United States, under this grant: (a) Rights of the Holder: to allow use by others 2301.1-1(h),(f) to assign the right-of-way 2301.1-1(e), 2303.6-3 • • Right -of -Way Grant Serial No. C-35155 to notice prior to suspension or termination 2803.4(d) to renew the right-of-way 2803.6-5 to appeal 2804.1 (b) Responsibilities of the holder: compliance with State, Federal laws 2801.2(a)(1) non-discrimination 2801.2(a)(2) to rebuild damaged fences, roads 2801.2(a)(3) to suppress fires ' 2801.2(a)(4) to pay rental (unless exempt) 2803.1-2 to pay additional costs incurred by U.S 2803.1-1(h) liability for damage to U.S. property 2803.1-4(a) liability for damage, injury to third parties 2803.1-4(d strict liability for hazardous activities 2803.1-4(b),(c) to notify U.S. re change 'in holder's status 2803.2(c) to remove improvements after termination 2803.4-1 (c) Rights of the United States: to authorize additional, compatible uses 2801.1-1(a)(2) to access to the right-of-way area 2801.1-1(a)(1) to review, modify terms after 20 years 2801.1-1(i) to modify terms at time of renewal 2801.1-1(j) to review and modify rental 2803.1-2(d) to suspend activities under certain conditions 2803.3 to terminate the right-of-way for non-compliance • non-use 2803.4(b),(c) to the mineral, vegetative resources 2801.1-1(d) In addition to the foregoing, this right-of-way grant is issued subject to the standard stipulations set forth in Appendix A and the special stipulations set forth in Appendix B, which are attached hereto and made a part hereof. Sec. 3. EXECUTION AND AGREEMENT -- this right-of-way grant consists of 6 pages, of which this is the 2nd. Execution of this document constitutes an agreement between the holder and the United States that, in consideration of the right to use public lands, the holder shall abide by all the terms, conditions and stipulations contained in this document and the provisions of applicable laws and regulations. For Execution by the Holder: ---/ - //a-2, Y ` / 1 / (Holder'' Signature) District Manager District Office, Bureau of Land Management (Holder's Title) i— z. - /9s (Date), (Date) For Execution by the United States: THE UNITED STATES OF AMERICA By: /� ..2-4 Attachments: Exhibit A Appendix A Appendix B Regulations 43 CFR 2800 W/72- '1 - .rr V r AG. 1st ti I `). Exhibit A • T.F r,1\ 1 ` ` s • • ^ ^c 'C' o ,I• , �i�'TTcE III.., \ ill.. .,.o 1• z�FK ,9347: r, i SCALE 1:24 000 • 0 J -- -1 1 MILE 1000 0 1000 2000 3000 4000 • 5000 6000 7000 FEET E T_�_ __.. 1 -- . _c� ----T _J . .. J 1 KILOMETER 1 .5 0 CONTOUR INTERVAL 40 FEET NATIONAL GEODETIC VERTICAL DATUM OF 1929 \'‘ I I 83• \, /1 e :+ 11 11 .s • \.. I n ; _sem G. / 7478 C 1 `1 - / I II•‘ :; `\ Imo_ ,t, ". 7 58 7 ... ' 1 r , I , j...'.•,.;:; . `,\, .'1 Ufa. i. 7-,/, ,off -a., 1 ' , �'M • • Appendix A Standard Stipulations: 1. The holder shall immediately bring to the attention of the authorized officer any and all antiquities or other objects of historic or scientific interest including, but not limited to, historic or prehistoric ruins or artifacts discovered as a result of operations under this right-of-way grant. The holder shall immediately suspend all activities in the area of the ohject and shall leave such discoveries intact until told to proceed hy the authorized officer. Approval to proceed will he based upon evaluation of the cultural significance of the ohject. Evaluation shall he hy a qualified professional selected by the authorized officer from a Federal agency insofar as practicable. When not practicable, the holder shall hear the cost of the services of a non -Federal professional. The holder shall follow the mitigation requirements set forth by the authorized officer concerning protection, preservation or disposition of any sites or material discovered. In those situations where the authorized officer determines that data recovery and/or salvage excavations are necessary, the holder shall hear the cost of such data recovery and/or salvage operations. 2. The holder shall comply with the applicable Federal and state laws and regulations concerning the use of pesticides (i.e., insecticides, herbicides, fungicides, rodenticidgs, and other similar substances) in all activities and/or operations under this right-of-way grant. The holder shall obtain from the authorized officer approval of a written plan prior to the use of such substances. The plan must provide for the type and quantity of material to be used; the pest, insect, fungus, etc., to be controlled; the method of application, the location for storage and disposal of containers; and other pertinent information that the authorized officer may require. The plan should be submitted no later than December 1 of any calender year to cover the proposed activities for the next fiscal year. Emergency use of pesticides may occur. The use of substances on or near the right-of-way area shall be in accordance with the approved plan. -A pesticide shall be used only in accordance with its registered uses and without other limitations if the Secretary of the Interior has not imposed restrictions. A pesticide shall not be used if the Secretary has prohihited its use. Pesticides shall not he permanently stored on public lands authorized foruse under this right-of-way grant. 3. No burning of trash, litter, trees, brush or other vegetative material generated by clearing the right-of-way shall he allowed under this grant. 4. 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 that Federal standards for similar projects. 4104 • SPECIAL STIPULATIONS 1. The holder is responsible for continuous inspection and maintenance of the right-of-way covered by the grant to insure that hazards are removed and that the public health, safety and welfare are protected. The grantee shall conform to a schedule of preventive maintenance and shall take corrective action as needed to maintain the pipeline and spring box in safe operable condition. Erosion control measures shall be undertaken to prevent undue erosion of cut slopes, fill slopes and drainage crossings. 2. The spring box shall not be fenced. Adequate measures shall be taken to provide year-round access to the spring for wildlife and livestock. A minimum flow of two gallons per minute shall be made available at the spring box for livestock and wildlife consumption. 3. Should existing reseeding efforts prove unsuccessful, the grantee shall reseed all disturbed areas as many times as is necessary to achieve adequate revegetation of all disturbed areas. All disturbed areas shall be revegetated as directed by, and to the satisfaction of, the authorized officer. Seed shall be broadcast between September 15 and November 15, using the following seed formula: lbs./acre PLS Fairway Crested Wheatgrass 4 Russian Wildrye 4 Bluebunch Wheatgrass 4 12 Excerpts from 43 CFR 2800 Subpart 2801—Terms and Conditions of Rights -of -Way Grants and Tem- porary Use.Permits b 2801.1 Nature of Interco. if ZSa1.1-1 Nature of right-of-way interest. (a) An rights in public lands subject to•a right-of-way grant or tcrnporary use permit not expressly granted are retained and may be exercised by the United States. These rights include. but are not limited to: (1) A continuing right of access onto the public lands covered by the right- of-way grant or temporary use permit and upon reasonable notice to the holder. access and entry to any facility constructed on the right-of-way or permit area: (2) The right to require common use of the right-of-way, and the right to authgrize use of the right. -of -way for compatible uses (including the subsur- face and air space). (b) A right-of-way grant or tempo- rary use permit may be used only for the purposes specified in the authori- zation. The holder may allow others to tale the land as his/her agent in exer- . casing the rights granted. (c) All right-of-way grants and tem- porary use permnits shall be issued sub- ject to valid existing rights. (d) A right-of-way grant or tempo- rary use permit shall not give or au- thorize the holder to take from the public lands any mineral cr vegetative material. including timber. without se- -curing authorization unser the Mate- rials Act (30 U.S.C. 601 et seq.). and paying in advance the fair market value of the material cut. rernoved. used. or destroyed. However. common varieties of stone and soil necessarily removed in the construction of a pro- ject may be used elsewhere along the same right-of-way or per:nit area in the construction of the project with- out additional authonzation and pay- ment. The holder shall be allowed in the performance of normal teminte- narce to do minor trimming. pruning and clearing of vegetative material within the right-of-way or permit area and around facilities constructed thereon without additional authoriza- tion and payments. AL his discretion • and when it is in the public interest. the authorized officer may :n lieu of requiring an advance payment for any mineral or veeetatnve rraterials. in- cluding timber. cut or excavated. re- quire the holder to stockpile or stack the material• as aesi:.tnzted locations for later disposal by the United States. (e) A holder of a riot -of -way int or temporary use permit may .assign a, grant or permit to another. provided the holder obtains the wntten approv- al of the author:zed otficcr. E+ (f) The. holder of a right-of-way grant may authorize other parties to use a facility constructed. except for roads. on the right-of-way with the prior written consent of the author - officer and charge for such use. In any such arrangement. the holder shall continue to be responsible for cctrpliance with all conditions of the ant. This paragraph coes not in any way the aut:iority of the au- thorized officer to issue additional right-of-way grants or temporary use permits for compatible uses on or ad- j.cent to the right-of-way. nor does it authorize the holder to i^pose charges for the use of lands made sub- ject to such additional richt-of-way giants or temporary use permits,. (i) Each grant issued for a terra of 20 years or more shall contain a provision requiring periodic re . ew of the grant at the end of the twentieth year and at regular intervals thereafter not to exceed 10 years. 1)=301.2 Terms and conditions of interest granted. (a) An applicant by accepting a right-of-way grant. temporary use permit. assignment. amendment or re- neara1 agrees and consents Lo cotnooly with and be bound by the following terns and conditions. excepting those which the Secretary may waive in a - particular case: -- ' (1) To the extent practicable. all State and Federal laws applicable to the authorized use and such additional State and Federal laws. along with the implementing regulations. that may be enacted and issued during the term of the giant or permit. (2) That in the ccnstrsction. oper- ation. maintenance and termination of the authorized use. there shall be no discrimination agairst any employee or applicant for employment because of race, creed. color. sex cr national origin and all subcontracts shall in- clude an identical provision. (3) To rebuild and repair roads. fend. and established trails that may be destroyed or aarnaeed by construc- tion. operation or :maintenance of the project and to build and .maintain suit- able crossings for existing roads and s.i„gnificant trails that intersect the projecL (4) To do everything reasonably within his or her power. both indepen- dently and upon request of the au- thorized officer. to prevent and sup- press fires on or :n the Iran eaiate vi- etaity of the r.cnt-of-way or permit area. This incluces :na.r:Ing araiiabie such construction a::d maintenance feces as s a ay be reasur.aoly octained for the suppres.siotr of fires. 1 (b) All right-of-way grants and tem- porary use permits issued. renewed amended or a.ssicned under these regu- lations shall contain such terms. con- ditions, and stipulations as mai' be re- quired by the authorized cfficer re- garding extent. duration. survey. loca- tion. construction_ operation. mainte- nance. use and ter:-ar ation. The au- thorized officer shall impose stipula- tions which shall include. but shall not be limited to: (1) Requirements for restoration. re - vegetation and curtailment of erosion of the surface of the land. or any other rehabilitation measure deter- mined necessary. - (2) Requirements to ensure that ac- tivities in connection witih the ::rant or permit shall not violate applicable air - end water quality stanuiaees or related facility siting stdnoa_res established by or pursuant to applicable Federal or State lam (3) Requirements designed to control or prevent damage to scenic. esthetic. cultural and environmental values (in- cluding damage to fish and wildlife habitat). damage to Federal property and hazards to public health and safety: (4) Requirements to protect the In- terests•of individuals living in the zen- eral area who rely on the fish. wildlife and biotic resources . of the area for subsistence purposes: (5) Requirements to ensure that the facilities to be constructed. used and operated on the prescribed location are maintained and ccerated i.Z a manner consistent with the grantor permit; and (6) Requirements for ccnoliance with State standards for public health and safety. environmental protection and siting: construction. operation and maintenance when those standards are more stringent than Federal stand- ards. Subpart 2303—Administration -of Rights Granted 2303.1 General requirements -. Reimbursement of costs. (a) (1) An applicant -for a ri,ht-of- way grant cr a temporary use perm:t shall reimburse the U nited States fol administrative and otner costs in- curred by the United States in process- ing the application. inciud:nc the preparation of resorts and sinter::ents pursuant to the tia ior.ai-naerenn:en• tal Policy Act of (42 J.S.C. 4321- 43.17), before the r:c:.•of•ria: zrant or temporary use permit snail be t;suec under the reeu:auor_s at ::his :.::e. • (2) The regulations contained u1 the subpart do not apply to: .'xcerpts from 43 CFR 280C 1) State or local governments or e ncics or instr umertalltics thereof ;ere the public lands shall be. used r governmental pureoses and such sds and rt•ro rc=s snail cont -r e to rve the general puoi:c. except (A) as right -of -Way grant3 or temporary e permits issued to State or local verninents or agencies or instrurren- litles thereof or a r tinici al utility cooperative whose principal source revenue is derived from char bes vied on customers for services ren - :red that are similar to services ren - 'red by a profit making corporation • business enterprise. or (3) as to ght-of-Wax grimes or temporary use :rrnits issued uncer section 20 of the ;ineral. Leasing Act of 1920. as vended (30 U.S.C. 130): (ii) Road use agreements or recipro- U road agreements: or (ill) Federal agencies. (3) Ars applicant shall submit with ;,ch application a nonreturnable pay - tent in accordance with the following rhedule: (1) Eich right-of-way grant or tern- orary use permit for crossing public ,rids (e.g.. Thr poweriines. pipelines. )ads and other linear uses). {se es Payments - u gun 5 "gra ties ran Irlaa1 and ow 350 per r.4. or tea est awe - et s50O. 5500 tor each 20 e.trs cr two - ton tberec . (11) Each right-of-way grant or tern- orary use permit for non-linear uses ;.g. for communication sites, reservoir tem. plant sites. and camp sites) -5250 ▪ each 40 acres or fraction thereof. (b)'(1) After issuance of a right -of - :ay grant or temporary use permit for rhlch fees were assessed uncer para. -mph (a) of this section. the holder hereof shall reimburse the United Mates for costs incurred by the United testes in monitoring the construction. peration. maintenance and ter niina- ion of authorized facilities cn the eht-of-way cr ;e.^lt area. and for ;rotect:on and rehabilitation of the ants involved. (2) Each h oiler of a right-of-way .ant cr to etray use permit snail -ubm.it within 60 daye of :he is.suance hereof a nonretur=iapie payment in ..ccordance w::h the foilowi.ng scnea- (I) Each rig'_:: -of -way grant cr tern- JC:3ry Uy?. _.':'alt for cr ssinz pueec rzrids (e.g.. for power:l-:es, pipeilres. a.nd ct.ier linear uses). Lawyri .aha err+ ! rues •-3 w rttie ar rac-ecri e+wf 1 b 3 .: •'�0 n..es and cmor - •v '•v eai 20 frti.fs r/ vac. .on truce a. (11) Each right-of-way grant or tem- pora.ry use permit (e.g.. for cornrnuri- cition sites. reservoir sites. pla.-:t sites. .nd trip sites) -5100 for eacn 40 acres or feacticr. thcreJf. (113) If _ pre;the feature of (b)(2) (:) and (ii)' of tees sectitcn In cos .rn at2Cn. the payment shall be the total 01 the amour:es re- quired by parse-raphs (b)(2) (i) and (11) of this section. (3) When a right -of -a -ay grant or temporary use permit is issued. the au- Lt:�. d ofl:cer snail est _ r.:.e the costs, based on the best available cost Information, expected to be incurred by the United States in :non:coring holder activity. If such costs exceed the payment required by paragraph (b)(2) of this section by an arnount which Is greater than the costs of rnn.intaining actual costs records for the monitoring process. the authorized officer shall require the holder to matte periodic payments of the esti- mated reimbursable costs prior to the incurrence of such costs by the United States. Such payments may be refund- ed or adjusted as provided by para- graph (a)(8) of this section. (4) Following termination of a right - of -gray grant or temporary use permit. the forrner holder shall be required to pay additioral.amounts to the extent the actual costs incurred by the United States have exceeded the pay- ments required by paragraphs (b) (2) and (3) of this section_ 9 28031-2 Rental fees (ia) The holder of a right-of-way grant or ternporary use permit_ exceet as provided in pa.rag ap s (b) and (c) bf this section. or when waived -by the Secretary. shall pay annually. in ad- vance. the fair market rental value as determined by the authorized officer. Said fee shall be based upon the fair r..rrket value of the rights authorized in the right-of-way grant or temporary trate perrrit. as deter:u)ned by appraisal by the authorized officer. provided however, that inhere the annual lee s $100 or less. an advanced iwnp-sum pe.sTient for 5 years for rices. -or -way grants and 3 years for ternecrar y use permits may be required. The si_-a for use and ccc pa: , of lands under these .regt:iaticr.s _nal: .act �e less than 525.00. (b) To expedite the ;recessing of wry grant or ecrrnit pursuant to this part. the a:n :er:_:ea o::1:..,•- nray es:ao- l)sh ri est-: fated rer.tr.i eee zed coiled this fee in ad' -ice with :he pro•.=..cn these upon r ec :pt of an a:orewed fair n :r act value appraisal , .. ar:c_ r`n_sl ree s:.a:i15- (c) No No fee. or a fee less t`.an fair :Parket rental. may be outhur:.:ed t2_^._cr the follov:ini: c:.-c=1:n_,:.ir.ct_: (1) w:)C l the no:Ge .. .t r .t:tral. State or local goi,e-nrr.ent or any agency or instrumentality thereof. ex- cluding municipal utilities and cooper- atives whose principal source of reve- nue is customer charges. (2) When the nr_l er is a r.or.profit co:poiation or oc:anon whien is not controlled by or :3 not a suede:ary of • a profit making corporation 'or busi- ness enterprise. (3) When,a holder provides without charge. or at reeuced rates. a valuaole benefit to the pouffe or to tee pro- grams of the Secretary. (4) P.er:tal fees may be waived for rights-of-way involving cost snare roads and reciprocal r:gnt-of-way agreements. • (5) In instances•Where the applicant holds an outstanding oerrnie lease. li- cense or ccn :Tact for -.:iota ti:e United States is already receiving compensa- tion. except under an oil and as lease where the lessee is required to secure a .right-of-way grant or tcrairorary use permit under § 2330 of this title. no rental fee shall be charged for the fol- lowing: (1) Where the applicant needs a right-of-way grant or temporary use permit within the exterior boundaries of the permit; lease. licensed: contract area: and (ii) Where the applicant needs a right-of-way across public lands out- side the pertnit. lease. licer_se or con- tract area in order to reach said area. (d) Pental fees may be initiated or adjusted whenever necessary to reflect current fair ;Parket value: (1) As a result of reappraisal of fair market values which shall occur at Ieast once every 5 years. or (2) as a result of a - char.ge in the holder's qualifications uncer paragraph (c) of this section. Reasonable notice shall be•given prior to imposing; or adjusting rental fees pursuant to this paragraph. Decisions on fees are subject to appeal pursuant toy 2304 of this title. (e) If a charge eecutred by this sec- tion is not paid when cue. arid such de- fault shall continue for 30 Gays after notice. action may be taken to termi- nate the right-of-way grant. After tee - :atilt has occurred. no struct Pres. buildings or oteer eeuiprnent Teype removed from tale servient lanes except upon written eerrnission from the a=uthc.rized of ice.. • *1?03.1--1 Liability. (a) Except as arovided in paragraph (f) of this ^_r.. -o:'_er e fail to fully liable to _.._ Lneeci States for any da -es se c- fur '-cerr ea c`. tne t„ri:tci S:arcs in con .0 .Cn 'Fitn t- tree and CCC:.:; :racy 01 :tie r ent-Cf-w air cr _r....' , iris: ... eeer. (b) :=rot•:c:•_ pc. :cr'_o.. (f) cf thee seel._n, no.crr: . i .:1 held to a s:anc..r c of .::r;':..apints. :cr any acievity cr :1c-:... •. "-" i a r zn- C'-w1•. cr r. -r:: .arra . ,^ice tne ae Lfu)r .CO `(ice tet' 1.• - credo:). present.; a iores�-'anis ha:a: Excerpts from 43 CFR 2f • risk of damage or injury to the •nited States. The activities and facil- tics to .:hich such staricerds shall .yply shall be spec::icd in the right -of- -ay grant or temporary use permit. trict liability shall not be imposed for nage or injury resulting primarily m an act of war. an Act of God or c negligence of the United States. o the extent corsistent with other --ws, strict liability shall extend to -Ls incurred by. the United States for ntrol and aoatcment of conditions. ch as fire or oil spills. which threat - lives. property or the environment. endless of whether the threat urs on areas that are under Fedcral isdiction. Stipulations in right -of - ay grants and temporary use permits nposing strict liability shall specify a -zaxirnum limitation on damaces hich. In the judgment of the author - officer. is commensurate with the creseeable risks or hazards presented. he maximum limitation shall not ceed 31.000.000 for any• one event. d any liability in excess of such Dunt shall be determined by the or - nary rules of negligence of the juris- ctlon in which the damage or injury' urred. (C) In any case where strict ?lability fs imposed and the damage or injury. sees caused by a third party. the rules of subrogation shall apply in accord- t.nce with the law of the jurisdiction in which the da+ -nage or injury occurred. (d) Except as provided in para graph (f) of this section. holders shall be fully liable for injuries or damages to third parties resulting from activities or facilities on lands under Federal ju- risdiction in which the damage or injury occurred. (e) Except as provided in paragraph (f) of this section. holders shall fully indemnify or hold harmless the United States for liability. damage or claims arising in connection with the holder's use and occupancy of rights - of -Gay or permit areas. (f) If a holder is a State or local gov- ernment. or aeencysor instrumentality thereof. it shall be liable to the fullest extent its laws allow at the time it is g anted a ri .ht -of -way grant cr tempo- rary use perrnit. To the extent su:a a holder docs not have the pc»er to rssu--ne liability. it shall be required to repair damages or rnake restitution to the fullest extent of its powers at the time of any damage or injury-. - (g) All owners of any interest in. and all affiliates or subs:diaries of any holder of a right-of-way grant or tem- porary use ee- it. except for cerpo- rate stockholders. shah be jointly and severally liable to the Unitea States in the event that a claim cannot be sans- ' fled by the holder. • • • (h) Except as otheraeise expressly provided in this section. the provision to the, sect:en fcr a remedy- is r.ct in- tc :cca to limit or exclude any other remedy. - (i) If the richt-of-way grant or tem- porary use perrnit is issued to more than one holder. each shall be jointly and severally liable under this section. _30.1.2 Holder activity. (a) If a notice to proceed require- ment has been inc!uced in the grant or permit. the hoiccr shall not initiate instruction. occupancy or use until the authorized officer issues a notice to proceed. (b) Any substantial deviation in loca- tion or authorized use by the holder during construction. operation or maintenance shall be made only with prior approval of the authorized offi- r under § 2803.5-1 of this title for the purposes of this paragraph. sub- stantial deviation means: (1). With respect to location. the holder has constructed the authorized facility outside the prescribed bound- e,ries of the right-of-way authorized by the instant grant or permit. (2) With respect to use. the holder has changed or modified the author- ised use by adding equipment. over- head or underground lines. pipelines. structures ore other facilities not au- •thorized in the instant grant or perrnit. (c) The holder shall rotify the au- thorized officer of any change in status subsequent to the application or issuance of the right-of-way grant or • temporary use permit. Such changes include, but are not limited to. legal rlai11ng address. financial condition. business or corporate status. When re- quested by the authorized officer. the holder shall update and/or attest to the accuracy of any information previ- ously submitted. (d) If required by the teras of the right-of-way grant or temporary use permit, the holder shall. s . rsec t ent to construction and prior to commencing operations. submit to -tne a::thor: zed officer a certification of construc:ion. :verifying that the facility n^s been constructed and tested in accordance with terms of the right -or -way grant or temporary use permit. and in com- pliance with any re ;uired pia.r.s and specifications. and appi:cable Federal and State laws and re ulati.crs. :S013 Immediate temporary suspension of .ctivitics. (a) 11 the authorized officer deter- mines that an .rnr,'emate ter:perary suspension of activities within a nem - of -way or permit area for violation of the terms and conditions of the right- of-way authori: ation is necessary to protect public health or salety or the environment. he; sn e may promptly abate such activities prior to an ad- ministrative proceedlnz. (b) The authorized officer may give an immediate temporary suspension order orally or in wr;tinz at the site of the activity to the holder er a contrac- tor or subcontractor of the holder. cr to any representative. agent. employee or contractor of the hog ler. and Che suspended activity shall cease at that time. As soon as practicable. the au- thorized officer snail cern:rim an oral order by a written notice to the holder addressed to the holder or the holder's designated agent. (c) An order of immediate temporary suspension of activities shall remain effective until the authorized officer issues an order permitting resumption of activities. (d) Any time after an order of imme- diate temporary suspension has been rued. the holder may file with the authorized officer a request for per- mitSion to resume.•The request shall be in writing and shall contain a state- ment of the facts supporting the re- quest. (e) The authorized officer may render an order to either grant or deny the request to resume within 5 ,corking days of the date the request is filed. -If the authorized officer does not render an order on the request within 5 working days. the request shall be considered denied. and the holder shall have the same right to appeal the denial as if a final order denying the request had been issued by the authorized officer. • i# 3cpv,; Suspension and termination of right-of-way authorizations. • (a) If the right-of-way grant or tem- porary use permit provides by its terms that it s 2.11 ter---i-1ate on the occurrence of a fixed or agreed-upon cor.dition. event. or t:rr:e. the .fent-of- way authorization sea.1 thereupon autornaticaLly te.^.n1r1ate by o eration of lam'. unless some oto e_' prccecure is specified in the ;h: -of -R -ay grar.t or terr:oorarY use permit. The author:neo officer may ter--e-ate a rier.t-of-way grant or ternperary use permit when the holder requests or co:senes to as termination in writ:r.,. (b) The authorized officer may sus- pend or terminate a re -int -of -wet,/ Bran: or temporary .se per..... :: ne crate. nines that the hc.cer 1s unw:11ir. c. unable or has faded :o ccmpiy witn appticable laws or . _..:Sat:ens. or any terms; conuitiors or of t::e right-of-way giant or ter::: crary use permit or has ao :riceneu the rig nt-Gf• way. Excerpts from 43 CFR 2800. (c) In -allure of the holder of a right - of -v. -ay grant to use the richt-of-way for the purpose for -.c-hich the authori- ra.tion was issued for any cor.tinuous five-year period shall constitute a pre- sumption of abandonment. The holder may rebut the presumption by proving that his failure to use the right-of-way Sias due 'to circumstances not within the holder's control. (d) Before suspending or terminat- ing a. right-of-way grant pursuant to paragraph (b) of this section. the au- thorized officer shall give the holder written notice that such action is con- templated and the grounds therefor grid shall allow the holder a reason- rble opportunity to cure such noncom- Dliance. (e) In the case •of a right-of-way rrant that is under its terms an ease- ment. the authorized officer shall give written notice to the holder of the sus- pension or termination and shall refer the matter to the Office of Hearings and Appeals for a hearing before .an Administrative Law Judge pursuant to 43 CFR Part 4. If the Aaministrative Law Judge determines that grounds for suspension or terrnination exist and such action is justified. the au- thorized officer shall suspend or ter- minate the right-of-way grant- 0=02.4-1 rant.O21.4-1 Disposition. of improvements • upon terminations Within a reasonable time after ter • - inatfon. revocation or cancellation of a right-of-way grant. the holder shall. unless directed otherwise in writing by the authorized officer. remove such structures and irnproverncnts and than restore the site to a condition ratisfactory to the authorized officer. If the holder fails to remove all such r ructures or improvements within a rc..sonable period, as determined by the authorized officer. they shall become the property of the United States. but the holder shall remain Liable for the cost of removal of the structures and improvements and for restoration of the site. 2:'03.5 Chance in Federal jurisdiction or disposal of land+. (r) Where a right -of -wax grant or temporary use permit acr.:iniutercd tinder these rei:ulations traverses public lands that are transferred to nether Federal aecncy, tion of the ':..,t-of--:-`Y s: a:1. ar. the aver et:cn uftl.e aut: cr.: co officer. be tsctened to the ac;uenrg a.ft"ncy erheee. such assi_nrn_nt c::r._n- L-h the r:::.^.:5 of the ::ctr. (b) Where a r: ;ht-titevay grant or _raver.': s pubhc :arias that are .rrirefe:. 'o out of Fed- eral oancrsaip. the tr rsier of the • land shall. at the discretion of the au- thor:zee officer. include ane it:r:rncnt of the right-of-way. oe macre sudject to the right-of-'~'aY..or the United States may reserve unto itself the land en- cumbered by the right -of -Ray. i3.'DZC3S Amendments. assignments and re- newals. 62:::,41-1.5-1 Amendments. (s) Any substantial deviation in loca- tion or use as set forth in ; 2303.2(b) of this title shall require the holder of a grant or permit to file an_amenaed ap- plication. The• recuirernents- for the amended applcation and the filing are the same and shall be accornpiished in the manner as set forth in Subpart. 2302 of this title. 021303.54 Assignments. Any proposed assignment in whole or in part of any right or interest in a right-of-way grant or temporary use permit acquired pursuant to the regu- lations of this part shall be filed in ac- crdance with §§ 2802.1-1 and 2802.3 of this title. The application for assign- rnent shall be -accompanied by the .came showing of qualifications of the assignee as if the assignee were filing est application for a right-of-way grant cr temporary. use permit under the 'regulations of this part. In addition, the assignment shall be supported by a stipulation that the assience agrees to comply with and to be bound by the terms and conditions of the grant. to be assigned plus any additional terns and conditions and any special stipula- tions that the aut: ori: ed officer may frnpose. No assignment shall be recog- ni:.ed unless and until it is approved in writing by the authorized officer. 8 22C3rr! Reimbursement of cost for as- rignments 1n1 filings for assignments made pur- suant to this section srali be accompa- nied by a nonre!undaoie payment of 4150.00 from the a.sicnor. Exceptions for a nonrefundable payment for an t•--ie---pent are same as in § 2202.1 of this title. 8 2.C3-&-3 Renewals of richt-of-way grants *Ali temporary use permits. . (a) when a zrant provides that it may be renewed. the authorized offi- cer shall renew the errant so long as the p.-ogeet cr fsc:li:y :s still cc:: e used for pur cscs authcr:_ed in tee cr:z:.nal gra-:t ..'c li nein.; c^-.a.ed .d r..a:- ned .n ace the erovis:ors of the .'::.: t and pursu- ant to the re;ulatior5 of this Ura. 1'r:or to renr.Kt: 4 tr.e erant. :he au- therete'd efficer Officermay rn.oce :he gi.nt's terms. ccnc:t.c:s. ano soecial stipulations to reflect any new require- _rea ir^aesrd ^v current Federal and State lan❑ use pians. la -;-s. regulations or other management cec:stops. (b) When a grant docs not contain a provision for renewal. the authorized officer. upon request from the noider and prior to the expiration of the grant. may renew the grant at his cis- c.etion. A renewal pursuant :o ins section shall comely with the same provisiors contained in paragraph (a) of this section. (c) Temporary use permits issued pursuant to the reg,.i!atichs of the part may be renewed at the oscretion of the authorized officer. The harder of a permit desiring a renewal shall notify the authorized officer in writ- ing of the reed for renewal prior to its expiration date. Upon receipt of the notice. the autheri%ed officer shall either renew the permit or reject the request. (d) Renewals of grants and permits pursuant to paragraphs (a). (b) and(e) of this section are not subject to § 2303.1-1 of his title. (e) Denial of any request for renewal by the authorized officer under para- graphs (5) and (c) of this section shall be final with no right of review or appeal. Subpert 2804—Appeals 0:804.1 Appeals procedure. (a) All appeals under this part shall be taken under 43 CFR Part 4 from any final decision of the authorized of- ficer to the Office of the Secretary. Board of 1 -and Appeals. (5) All decisions of the authorized officer under this part shall remain ef- fective pending appeal unless the Sec- retary rules otherwise. and the provi- sions of 43 CFP. 4.21(a) shall not apply to such decisions. • EXHIBIT "A" A tract of land situated in the N1 of Section 6, Township 8 South, Range 88 West of the 6th P.M., Garfield County, Colorado, and being more particularly described as follows: Beginning at a point whence a brass cap found in place and properly marked for the S4 Corner of Section 31, Township 7 South, Range 88 West of the 6th P.M. bears N. 11°31'13" E. 1238.79 feet; thence N. 51°00'27" E. 727.96 feet; thence S. 20°13'52" E. 544.07 feet; thence S. 82°41'26" W. 622.22 feet; thence N. 46°05'56" W. 189.92 feet to the point of beginning containing 5.36 acres more or less and together with a 25 foot access easement described hereon. An access easement situated in the Nz of Section 6, Township 8 South, Range 88 West of the 6th P.M., Garfield County, Colorado, being 25 feet in width and lying 12.5 feet on each side of the following described centerline: Beginning at the intersection of said access easement centerline with the centerline of Garfield County Road No. 108 as built and in place whence a brass cap found in place and properly marked for the S1 Corner of Section 31, Township 7 South, Range 88 West of the 6th P.M. bears N. 43°25'22" W. 1767.50 feet; thence N. 88°35'23" W. 618.63 feet; thence 100.40 feet along the arc of a 253.36 foot radius curve to the right, the chord of which bears N. 77°14'16" W. 99.74 feet.