United States Department of the Interior Bureau of Land Management Categorical Exclusion for Right-Of-Way Assignments and Renewals
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United States Department of the Interior Bureau of Land Management Categorical Exclusion for Right-of-Way Assignments and Renewals Grand Junction Field Office McInnis Canyons National Conservation Area Dominguez-Escalante National Conservation Area 2815 H Road Grand Junction, Colorado 81506 DOI-BLM-CO-S080-2019-0002-CX April 2019 1 The Bureau of Land Management is responsible for the stewardship of our public lands. It is committed to manage, protect, and improve these lands in a manner to serve the needs of the American people for all times. Management is based on the principles of multiple-use and sustained yield of our nation’s resources within a framework of environmental responsibility and scientific technology. These resources include recreation, rangelands, timber, minerals, watershed, fish and wildlife, wilderness, air, and scenic, scientific, and cultural values. 2 INTRODUCTION A right-of-way (ROW) assignment is a transfer, in whole or in part, of any right or interest in a right-of-way grant or lease from the holder (assignor) to a subsequent party (assignee) with the BLM’s written approval. The assignee must apply for the assignment and include a signed statement that they agree to comply with and be bound by all terms and conditions of the right-of- way grant. The assignor must consent in writing to assign all undivided right, title, and interest in and to the ROW grant. A ROW grant specifies the terms and condition for its renewal and the holder must apply to renew the grant. We will renew the grant if the holder is in compliance with the terms, conditions and stipulations of the grant. Grants issued prior to October 21, 1976 for non-oil and gas ROWs will not be renewed, a new grant will be issued under the current authority. Federal Regulations under 43 CFR 2807.21 (Federal Land Policy Management Act (FLPMA)) and 43 CFR 2887.11 (Mineral Leasing Act (MLA)) define the process for assigning a ROW grant. The regulations specify that BLM may add additional terms and conditions to the grant when approving the assignme nt. Additional terms and conditions are added by issuing a new grant. The following are the terms and conditions that could be applied to ROW grants. Federal Regulations under 43 CFR 2807.22 (FLPMA) and 43 CFR 2887.12 (MLA) describe the process for renewing a right-of-way grant. The regulations specify that BLM may add terms and conditions to the grant when approving the renewal by issuing a new grant. The BLM could apply the following terms and conditions to ROW grants when they are being renewed. These terms and conditions are generally site specific and or resource specific and are identified during the application process and may be selected from the following sources: A. BLM Grand Junction Office Resource Management Plan (RMP), Appendix B, Stipulatio ns Applicable to ROWs, Fluid Mineral leasing, and other surface disturbing activities. This appendix lists the stipulations for surface disturbing activities (e.g., ROWs, oil, gas, and geothermal, recreation, etc.) referred to throughout this Approved RMP. These stipula t io ns will also apply, where appropriate, to all surface-disturbing activities (and occupancy) associated with land use authorizations, permits, and leases issued on BLM lands. There are two types of restrictions that would be applied to realty authorizations; ROW avoidance (includes No Surface Occupancy (NSO), Controlled Surface Use (CSU), and Timing Limitation (TL) identified in Appendix B of the GJFO) and ROW exclusion. The surface areas covered by NSO and CSU stipulations are considered ROW avoidance areas (ROWA) (BLM 2015 RMP, Appendix B, p. B-1). ROW avoidance areas are areas to be avoided but may be available for location of ROWs with special stipulations or requirements. ROW avoidance stipulations from the GJFO and D-E NCA RMPs include specific guidance for certain stipulations that may be applied during use, maintenance, and reclamation of existing facilities. ROW exclusion areas are not available for the location of rights-of-way under any conditions (BLM H-1601-1 BLM H-1601-1 Land Use Planning Handbook, p. 21). Areas identified as ROWA (NSO) or No Surface-disturbing Activities are avoidance areas where facilities should not be sited. Exceptions, modifications, and waivers can be proposed 3 and considered under special circumstances if resource concerns are addressed through special mitigatio n are open to fluid mineral leasing, but surface-disturbing activities cannot be conducted on the surface of the land unless an exception, waiver, or modifica tio n is granted. A ROW-NSO stipulation does not apply to existing facilities and the maintenance of existing facilities, such as, but not limited to, range improvements, oil and gas wells and/or pads, and major recreation sites. ROW Avoidance Prohibit surface occupancy for siting of ROW’s and surface disturbing activities unless special authorization is provided that includes appropriate design features and or mitigation to minimize impact to sensitive resources. Stipulation Number Protected Resource Management Action Hydrology River Colorado, Gunnison No surface occupancy or use is allowed within 400 NSO CO and Dolores Rivers meters (1312 feet) of the ordinary high-water mark (bank-full stage) or within 100 meters (328 feet) of the 100-year floodplain (whichever area is greatest) on the following major river: Colorado, Gunnison, and Dolores Rivers ROWA (NSO)-2 Streams/Springs Within a minimum distance of 100 meters (328 feet) Possessing Lotic from the edge of the ordinary high-water mark Riparian (bank-full stage). Where the riparian corridor width Characteristics is greater than 100 meters (328 feet) from bank-full, prohibit surface occupancy and use and surface- disturbing activities within the riparian zone ROWA (NSO)-4 Lentic Riparian Areas Within 100 meters (328 feet) from the mapped (including springs, extent of perennial, intermittent, and ephemeral seeps, and fens) streams; riparian areas, fens and/or wetlands; and water impoundments. For streams, the buffer will be measured from ordinary high-water mark (bank-full stage), whereas for wetland features, the buffer will be measured from the edge of the mapped extent. ROWA (NSO)-12 ACECs In the following ACECs to protect threatened, proposed, candidate, and sensitive species: Atwell Gulch; Indian Creek; Palisade; Pyramid Rock ; Rough Canyon; Sinbad Valley; and South Shale Ridge ROWA (NSO)-13 Current and Prohibit certain surface uses, as specified below, to Historically Occupied protect threatened, endangered, proposed, and Habitat candidate plants and animals from indirect impacts, and Critical Habitat of loss of immediately adjacent suitable habitat, or Threatened, impacts to primary constituent elements of critical Endangered, Proposed, habitat as designated by USFWS. Maintain existing and Candidate Plant buffer distances where pre-existing disturbance and Animal Species exists, and reduce redundancies in roads to minimize fragmentation, and minimize direct impacts from motorized and mechanized users of 4 roads, routes and trails. In undisturbed environments and ACECs, prohibit new disturbance within 200 meters (656 feet) of current and historically occupied and suitable habitat. This stipulation includes emergency closures of roads where damage to T&E habitat has occurred. ROWA (NSO)-23 Golden Eagle Nest Prohibit surface occupancy and use and surface- Sites disturbing activities (beyond that which historically occurred in the area prior to nest establishment) within 402 meters (0.25-mile) of active golden eagle nest sites and associated alternate nests. ROWA (NSO)-24 Bald Eagle Nest Sites Prohibit surface occupancy and use and surface- disturbing activities (beyond that which historically occurred in the area prior to nest establishment) within 402 meters (0.25 mile) of active bald eagle nests. ROWA (NSO)-25 Sage-grouse Leks, Within 6.4 kilomete rs (4 miles) of an active lek or Nesting, and Early within sage-grouse nesting and early brood-rearing Broodrearing habitat Habitat (6.4 kilometers [4 miles] ) ROWA (NSO)-26 Canyon Treefrog, Within all identified canyon treefrog, northern Midget Faded leopard frog, midget faded rattlesnake, Great Basin Rattlesnake, spadefoot, long-nosed leopard lizard (Gambelia Northern Leopard wislizenii), and boreal toad breeding and denning Frog, Great Basin site Spadefoot, Long-nosed Leopard Lizard, Boreal Toad (no buffer) Wildlife Bat NSO Bats No surface occupancy or use is allowed within a CO 402 meter (0.25 mile) radius of the entrance of maternity roosts or hibernacula of BLM sensitive bat species as mapped in the Resource Management Plan, BLM’s GIS database or other maps provided by local, state, federal or tribal agencies that are analyzed and accepted by the BLM ROWA (NSO)-30 Occupied Prairie Dog Prohibit surface occupancy and use and surface- Towns (no buffer) disturbing activities (beyond that which historically occurred in the area) within active white-tailed prairie dog towns in the Prairie Canyon Wildlife Emphasis Area. ROWA (NSO)-32 Research Sites In approved research sites including, but not limited to, the Ant Research Area (16 Road) and the Owl Banding Station (south of DeBeque) ROWA (NSO)-34 Elk Production Area In elk production areas year-round 5 Wildlife Habitat Unique and important No surface occupancy or use is allowed within the NSO CO wildlife habitat following wildlife emphasis or priority areas, as identified in the Resource Management Plan: • Blue Mesa (wintering habitat for mule deer and elk) (9,300 acres);