October 23, 2017

Nevada Dept. of Conservation and Natural Resources

Off- Highway Vehicles Program Attn: DCNR J. Scanland 901 S. Stewart Street, Suite 1001

Carson City Nevada 89701

RE: FALL 2017 GRANT APPLICATION

NEVADA OFF HIGHWAY VEHICLES PROGRAM ESMERALDA COUNTY

Dear Ms. Scanland:

Please find attached a Grant Application for the above referenced program from Esmeralda County. We would greatly appreciate your review and consideration of this application.

At the regularly scheduled Esmeralda County Board of Highway Commission of October 3, 2017, this project and attached application was approved unanimously. The Commissioners have read and agreed to this application and the County’s interest in the subject land is sufficient in scope and authority to complete the project, operate and maintain the project after its completion. The Commissioners agreed to make a commitment to maintain the trail/facility to the level as completed, and allow for motorized access for a period of 25 years or normal life of the project.

On April 17, 2007, the Commissioners approved to accept the dedication of the Mountain Water Ranch Roads as minor road with minimum maintenance requirements. During discussion of that agenda item the developer stated that within the sales contract signed by each landowner there was language the road through the subdivision would be maintained by the County. By signing the contract the landowner accepted the public access through the subdivision.

Please advise if we need to provide to you any additional information or if you have questions. Please contact Ed Rannells, Esmeralda County Road Supervisor at 775-485-3448 or Susan Dudley, Consultant at 775-485-3461.

Sincerely,

Ralph Keyes

Chairman Esmeralda County Highway Commission

ESMERALDA COUNTY IS AN EQUAL OPPORTUNITY EMPLOYER AND PROVIDER

ESMERALDA COUNTY IS AN EQUAL OPPORTUNITY EMPLOYER AND PROVIDER

Department of Conservation and Natural Resources

Bradley Crowell Director James Lawrence, Deputy Director

Dominique Etchegoyhen, Deputy Director

BRIAN SANDOVAL

Governor Nevada Commission on Off-Highway Vehicles

STATE OF NEVADA

Off-Highway Vehicles Program

901 South Stewart Street, Suite 1003 Carson City, Nevada 89701 Telephone (775) 684-2794

Facsimile (775) 684-2715

www.nvohv.com

OFF-HIGHWAY VEHICLES GRANT PROGRAM

NEVADA DEPARTMENT OF CONSERVATION AND NATURAL RESOURCES NEVADA COMMISSION ON OFF-HIGHWAY VEHICLES

NRS 490

FALL 2017 GRANT APPLICATION (RFA APPENDIX A) APPLICATIONS DUE‌

November 1, 2017, 4:00 PM, PST

Please mail early; Applications postmarked prior to 4:00 pm on November 1, 2017 but not received prior to that time are untimely and will not be considered.

NOTE: this is the State OHV program, NOT the Federal Recreational Trails Program

SUBMIT: ONE FULL COLOR COPY, DOUBLE SIDED BY MAIL OR HAND DELIVERY

(8.5” X 11” ONLY. MAPS MAY BE 11”X17” NO LARGER)

TO: NEVADA DEPT. OF CONSERVATION AND NATURAL RESOURCES OFF-HIGHWAY VEHICLES PROGRAM

ATTN: DCNR J. SCANLAND

901 S. STEWART STREET, SUITE 1001 CARSON CITY, NV 89701

AND

ONE ELECTRONIC FILE; PDF VIA EMAIL jscanland@ohv.nv.gov OR MEMORY DEVICE ENCLOSED WITH APPLICATION.

DO NOT ATTACH ITEMS THAT ARE NOT REQUIRED.

For questions please contact: Jenny Scanland

Executive Secretary (775) 684-2794

(jscanland@ohv.nv.gov

Nevada OHV Program application cover page

NEVADA OFF-HIGHWAY VEHICLES PROGRAM GRANT APPLICATION

Nevada Department of Conservation and Natural Resources Nevada Commission on Off-Highway Vehicles

Project # (State admin only)

This application has seven (VII) sections which are all REQUIRED to be filled out in full. To avoid disqualification, all application areas must be concise and complete; certifications must be signed and dated. Denied applications: correspondence will be sent to applicant by email describing the reason for declaring the application incomplete.

SECTION I - PROJECT INFORMATION

1. Project Name: ACCESS ROADS TO AND INTO INYO NATIONAL FOREST

   
   

2. Project Dates: Expected Start: FEBRUARY, 2018 Expected Completion: AUGUST, 2018

   
   

3. Applicant Name: ESMERALDA COUNTY HIGHWAY COMMISSION

   
   

   Phone: 775- 485-3406

   
   

   Mailing address: P.O. BOX 517, GOLDFIELD NEVADA 89013

   
   

   Email: ecrd@frontiernet.net

   
   

4. Classification of Applicant: (check one)

   
   

   • Federal  State  County  Local/Municipal  Other:

   • Partnership  Non-profit  For Profit  Individual

     If the applicant is a corporate or legal entity, proof of good standing in the entity’s state of incorporation is required. NAC 490.1345 (Note: grantees must have the capacity to implement and accomplish proposed project and properly administer awarded funds).

     
     

5. Project Manager: ED RANNELLS – ESMERALDA COUNTY ROAD SUPERVISOR

   
   

   Phone: 775-485-3448

   
   

   Mailing address: P.O. BOX 129, GOLDFIELD, NEVADA 89013

   
   

   Email: ecrd@frontiernet.net

   
   

6. State T-Vendor # (if available) T81000318

   
   

   
   

   Nevada Off-Highway Vehicles Program Grant Application_FY2018 Page 1 of 15

7. Landowner:

UNITED STATES DEPARTMENT OF INTERIOR – BUREAU OF LAND MANAGEMENT

Contact: Timothy J. Coward – Tonopah Field Manager

Phone: 775-482-7800

Mailing Address: P.O. Box 911, Tonopah Nevada 89049 Email: tcoward@blm.gov

7A. Landowner:

UNITED STATES DEPARTMENT OF AGRICULTURE – FOREST SERVICE INYO NATIONAL FOREST

Contact: Linda Riddle – District Ranger for the South Zone of Inyo National Forest Phone: 760-873-2515

Mailing Address: 351 Pacu Lane, Suite 200, Bishop, CA 93514 Email: lriddle@fs.fed.us

1. Classification of Land Control: (check all that apply)

   
   

   • Federally managed public land Private Land  County  City

     Other: Right of Way Grant N-79200 B Attached

     • Lease; Attach copy of lease with expiration date.

     • R&PP; Attach copy of lease with expiration date.

     If the proposed project is to be carried out on public land, attach any applicable written agreement with any government entity having jurisdiction over that land, including permits, leases, easements, and rights-of-way. NAC 490.135

     
     

2. Project Costs: (Please do not submit match not directly related to the project)

   
   

   State OHV Grant Request:	$120,000.00
   Other Funds:	$ 3,813.80
   Total Project Amount	$123,813.80 100%

   
   

   Nevada Off-Highway Vehicles Program Grant Application_FY2018 Page 2 of 15

   What are the sources of your leveraged (other) funds?

   □ Federal  Private In-kind  City/County  Other Please describe source(s):

   Type here: Esmeralda County employees will assist the professional engineer with gathering information and on site assistance in preparation of the Preliminary Engineering Report. Same assistance will be provided to the Environmental Firm. In kind funds consist of employee salaries/benefits and mileage for travelling.

   
   

3. Project Type(s) (NRS 490.069 Sec.2c) check all that apply:

   
   

   Studies or planning for trails and facilities;

   • Environmental Assessments

   • Other studies PRELIMINARY ENGINEERING REPORT

     • Acquisition of land for trails and facilities

     • Mapping and signing of trails and facilities

     • Reconstruction, enhancement or maintenance of existing trails and facilities

     • Construction of new trails and facilities

     • Restoration of areas that have been damaged by the use of off-highway vehicles.

     • The construction of trail features, trailheads, parking, or other ancillary facilities which minimize impacts to environmentally sensitive areas or important wildlife habitat areas.

     • Safety training and education related to the use of off highway vehicles

     • Compliance and enforcement

     Note: Operations & management and purchase or lease of equipment associated directly with a project are eligible.

4. All Trail USERS: (check all that apply)

   
   

   Mountain Biking	Hiking/Backpacking	Equestrian
   Single track motorcycle	Snowmobiling	Snowshoe/ski
   ATV quads	Dune buggy	Side by side 50” or wider
    Race Course	 Skills riding course

   
   

   Other Type here:

   
   

   Nevada Off-Highway Vehicles Program Grant Application_FY2018 Page 3 of 15

5. Scope of Work: Please describe exactly what work will be completed. Programs, planning, NEPA, surveys, mapping etc. and include miles of trail, trail type and other measurable goals including a timeline for completing the work. NAC 490.1375. If purchase of equipment is included please explain where/how it will be housed and maintained. (In order to avoid duplication, do not include justification or narrative in this section; refer to Section VII, Scoring Narrative).

   

   Type here:

   
   

   Phase 1 Preliminary Engineering Report (PER) Engage a professional engineer, following a Request for Qualification process, for the following tasks

   1. Site Reconnaissance to develop a basic understanding of the condition of the existing trials/road, approximately 21 miles;

   2. Site Surveying/Site Mapping if required – Prepare a base map utilizing existing available mapping;

   3. Geotechnical to identify existing road structure including base and subgrade;

      
      

   4. Engineering Report identifying the existing trail/road conditions, issue and develop alternatives necessary for trail/road improvement with project cost for each, using the USFS Standard Specifications for Construction & Maintenance of Trails as a guideline, provide recommend improvements for consideration.

      It is anticipated to begin the RFQ process following the Notice to Proceed. Once selected the Engineer would have until August, 2018 to complete the tasks identified above and included in the agreement.

      Phase 2 NEPA/NHPA Studies:

      
      

      1. Prepare an Environmental Assessment;

         
         

      2. Conduct Cultural Resource Class II Survey

         
         

      3. Conduct Biological Survey

   
   

   
   

   Nevada Off-Highway Vehicles Program Grant Application_FY2018 Page 4 of 15

   These studies would be conducted through the non-federally managed land for road dedicated to the County and maintained by County. It is anticipated to begin the studies once a notice to proceed has been issued and the firm is selected through an RFP process.

   Esmeralda County has separated the total scope of work into two phases should funding not be available for both allowing the County to reapply next funding cycle, if needed for Phase 2. However the County’s preference would be to complete both phases one and two, PER and NEPA, which would identify the necessary work needed; confirm construction costs and meet the NEPA and NHPA requirements allowing the County to apply for Phase 3 for the construction of the road/trails next funding cycle. NEPA and NHPA has been completed on the federally managed land.

   
   

   

6. Standards/Guidelines that will be applied to your project:

   • Universal Access to Outdoor Recreation - A Design Guide

     USFS Standard Specifications for Construction & Maintenance of Trails

   • BLM Handbook 9114-1 Trails

   • NOHVCC Handbooks

   Other:

7. Has the applicant received funding from the OHV Program in the past?

   
   

   • No  Yes

Number of projects funded: Amount of funding Received: $ Number of projects Completed:

SECTION II – LOCATION, MAPS, PHOTOS

Project Location:

County: ESMERALDA COUNTY

Nearest Municipality/Town/City: DYER, NEVADA

Center of project: Latitude: 37.84138888888889 Longitude: 118.21222222222222

Nevada Off-Highway Vehicles Program Grant Application_FY2018 Page 5 of 15

Maps are a very important part of the application. They are considered part of the final agreement if funded. Please provide readable, proficient maps.

Required Maps: for all maps please include a legend, north arrow, scale, and map name.

Topographic maps preferred. You may include additional aerial/google maps.

General location map (showing project area within the state or county) (Map 1)

Topographic map (7.5 minute series quadrangle, 1:24,000 scale) with project boundary and map name DAVIS MOUNTAIN – (Map 2), EAST OF DAVIS MOUNTAIN – (Map

1. AND BOUNDARY PEAK – (Map 4). “PROJECT ROADS”

   Detail map indicating specific project elements (e.g., structures, trail alignment)

   
   

   • Maps larger than 11x17 will not be accepted (MAP 5 & 6)

Please attach the following photographs:

At least two (2) overviews of the project area from different angles and distances. (Good photographs at trail level and google aerials help the scoring committee to understand the location, depth and breadth of your project.) Google Earth image and photos of sections of the road are attached.

SECTION III - Federal Lands or Other

Federal Environmental Compliance

1. If Federal funds or Land are a part of the project and NEPA was completed, indicate which document was produced, and please attach the decision document to this application:

   Record of Decision (ROD) USFS – ROD was provided via email

   
   

   Nevada Off-Highway Vehicles Program Grant Application_FY2018 Page 6 of 15

   • Finding of No Significant Impact (FONSI)

     
     

     Categorical Exclusion (CX) BLM

     
     

   • SHPO 106 compliance/concurrence letter.

   • Other compliance documents already completed. (do not attached the EA or EIS)

   • Not applicable

If NEPA or planning is a part of the project describe the steps in the Scope Section I, #13.

SECTION IV - BUDGET

Proposed Budget: Provide your budget details in the following format. This budget should align clearly with your scope of work from #13.

• Please follow this format as much as possible and be very specific, as your application will rate higher. You may create your own spreadsheet.

• Reminder, include all sources of funds for the completion of the project including federal, in-kind, private/city/county and state funds.

• Attach copies of estimates and identify what each contract will include.

• Attach copies of all quotes/estimates.

Nevada Off-Highway Vehicles Program Grant Application_FY2018 Page 7 of 15

Nevada Off-Highway Vehicles Program Grant Application_FY2018 Page 8 of 15

SECTION VI – TRANSMITTAL LETTERS and LETTERS OF SUPPORT

Transmittal Letter(s): transmittal letter(s) must be submitted and attached to this application. They must be signed by the appropriate club or agency head, (Chairperson/President of the organization or other authorized official) AND by the landowner.

Land Owner: a letter of support by the landowners (county, city, state, federal, private) stating that they have read and agree (1) to the application (2) that the applicant’s interest in the subject land is sufficient in scope and authority to allow the applicant to complete the proposed project and operate and maintain the proposed project after its completion NAC 490.1355 (3) and any match or other tasks in the application that are assigned to them. The State may require the landowner/agency to be co-grantee on the grant agreement/contract.

A commitment to maintain the trail/facility, and allow for motorized access to those facilities for 25 years or the normal life of the project, by the appropriate entity.

Letters of Support are limited to three (3). Please attach them to the application.

SECTION VII – SCORING NARRATIVE

Address the following 14 questions in the order listed below.

• Be specific and concise with your answers.

• Please submit no more than five (5) double-sided pages for your Narrative.

• Please type directly into this application. If the form doesn’t work for you, please cut and paste into another document and answer in the same order as given below. (if not applicable answer N/A)

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Nevada Off-Highway Vehicles Program Grant Application_FY2018 Page 10 of 15

Nevada Off-Highway Vehicles Program Grant Application_FY2018 Page 11 of 15

Nevada Off-Highway Vehicles Program Grant Application_FY2018 Page 12 of 15

Nevada Off-Highway Vehicles Program Grant Application_FY2018 Page 13 of 15

Nevada Off-Highway Vehicles Program Grant Application_FY2018 Page 14 of 15

ATTACHMENTS TO FALL 2017 GRANT APPLICATION – ESMERALDA COUNTY – ACCESS ROADS TO AND INTO INYO NATIONAL FOREST

SECTION 1. PROJECT INFORMATION - ATTACHMENTS

LANDOWNER LETTERS – 7.

1. U.S. Department of Interior – Bureau of Land Management

   
   

2. U.S. Department of Agriculture – U.S. Forest Service

   
   

3. On April 17, 2007, the Commissioners approved to accept the dedication of the Mountain Water Ranch Roads as minor road with minimum maintenance requirements. During discussion of that agenda item the developer stated that within the sales contract signed by each landowner there was language the road through the subdivision would be maintained by the County. By signing the contract the landowner accepted the public access through the subdivision. See Attached Sample of Standard Contract

CLASSIFICATION OF LAND CONTROL - 9

1. BLM - Right of Way Grant Authorization Case File N-79200 - Attachment Categorical Exclusion (NV065-CX06-106) Identified on attached maps as 02N07 8 miles

   
   

2. USFS Letter announcing Final Environmental Impact Statement (FEIS) and Record of Decision (ROD) – ROD previously provided via email The “Project Roads” included in the FEIS are as follows:

   1. 01S182- Chiatovich Creek – 3.06 miles

   2. 01S58 – Middle Creek -3.26 miles

   3. 01S59 - Red Rock Mine -2.95 miles

   4. 01S61 – Trail Canyon -2.49 miles

   5. 02N07 – B&B Mine Road -3.59 miles

3. NEPA Studies are on the 3.5 miles through the subdivision for which the public access road has been dedicated to the County for minor maintenance.

ATTACHMENTS TO FALL 2017 GRANT APPLICATION – ESMERALDA COUNTY – ACCESS ROADS TO AND INTO INYO NATIONAL FOREST

SECTION 11 – LOCATION – MAPS – PHOTOS

General Location Map (Showing project area within the state or county) Map 1 Topographic Map Name: Davis Mountain Map 2

East of Davis Mountain Map 3 Boundary Peak Map 4

Detail Map indicating specific trail alignment:

County Maintained Roads in Inyo National Forest Map 5 & 6 At least two overviews of project area:

Google Earth Image

Photographs of two view of road conditions

SECTION IV - BUDGET

Estimate of Scope of Work from Shaw Engineer –

Estimate of NEPA documents from Knight Leavitt to conduct an EA, Cultural, and Biological survey for a similar road project.

USDA United States‌

iiiiiiii Department of

Agriculture

Forest Service

Inyo National Forest

White Mtn. Ranger Station 798 N. Main Street

Bishop, CA 93S14 (760) 873-2500 Voice

(760) 873-2501 Text (TDD)

Nevada Off-Highway Vehicles Program Department of Conservation and Natural Resources 901 S. Stewart Street, Ste 1000

Carson City, Nevada 89701

Date: October 13, 2017

RE: Esmeralda County OHV Grant Application for a Preliminary Engineering Report Dear Commissioners:

This letter documents my support of the funding request by Esmeralda County for planning for repairs and maintenance of OHV roads and trails historically managed and maintained by the County on Inyo National Forest lands.

The project is located on Inyo National Forest White Mountain Ranger District and is in conformance with the appropriate land permits, licenses, clearances, and environmental analyses documentation necessary to comply with local, state and/or federal laws specifically, NRS 490.069. Since this project is not ground-disturbing, and limited to planning activities, no NEPA is required at this time. It is likely that future maintenance and repairs proposed by the County will be covered by the Categorical Exclusion(s) as described below.

In 2009, a Record of Decision (ROD) was signed, documenting the Forest's Travel Management Environmental Impact Statement (FEIS). This EIS/ROD analyzed the effects of and authorized implementation of various work activities, including mitigation of resource impacts on roads and trails, and recurring maintenance of the National Forest Transportation System roads and trails. The work identified within the Nevada OHV Grant Application will plan for activities authorized in the 2009 ROD. A copy of the 2009 EIS and ROD can be found at www.fs.usda .gov/pro jec t/?pro ject= l74 79.

I have reviewed the proposed work activities and detennined that the activities in this project are categorically excluded from documentation in an Environmental Impact Statement (EIS) or Environmental Assessment (EA). National Environmental Policy Act Handbook, FSH 1909.15, Section 31.13, category 5 [36 CFR 220.6(d) (5)], "Repair and maintenance of recreation sites and facilities" and FSH 1909.15, Section 31.13, category 4 [36 CFR 220.6(d) (4)], "Repair and maintenance of roads, trails, and landline boundaries."

I look forward to working with Esmeralda County on improving OHV access and opportunities. If you have any questions or concerns, please contact Deputy District Ranger Roderick Alfred at (760)876-6227 or r ja lfred@ fs.fed.us or Recreation Staff Officer Shane Hoskins at (760)873-2441 or shaneahoskins@fs.fed.u.,

Sincerely,

d i.p_£ llv

LINDA RIDDLE

District Ranger

m Caring for the Land and Serving People ttdc,, RKYClad P*I0*

I o: 1-'atty 1-'age 1 ot L LUl 1-U/-U / 1 / :U4:oo (GM I) 17023968692 From: Audrey Kennoch

FAX COVER SHEET

TO Patty

COMPANY Esmeralda County Road Dept.

FAXNUMBER 17754853457

FROM Audrey Kennoch

DATE 2011-07-07 17:04:38 GMT

RE MWR Contract

COVER MESSAGE

Hi Patty-

If you look at #15 it explains that the roads will be minimally maintained by the County. When customers purchased the property we explained that until there were more homeowners out there this would be the general rule of thumb. When more people were out there the maintanence would most likely increase. I never thought we would see as many homes go up as we have this early.

Let me know if you need anything else. Thanks-

Audrey

I o : 1-'atty 1-'age L OT L LUll-U /-UI 1 / :u 4 : oo ( l:iM I ) l / UL;j!:Jtl l:ltl !:IL t-ro m : Au dre y K.ennoeh

T,vclfth - Buyer acknowledges Buyer h:is been infomicd:

(:i) The property is pilrt of a ..known 11s Mountain Woter Rnnch. All lots in lhe community nrc subject to the covcnnnts, conditions and rostrictio11s delivered to Buyer or us later amended.

(b) The wntcr in Chintovich Creek belongs to the Arlcmont Ranch nnd or assigns.

Thlrfccnth - Seller hereby guarantees that the property which is the subject of this Agreement will support an on-site sewage disposal system in accordance with the requirements of NRS 444 and NAC 444 currendy ia effect. If Buyer can demonstrate that the property will not support such a system anywhere on the proper.ty, then in that event Seller shall refund lo Buyer the full amount of the purch,1. e price and nil costs incurred by Buyer to close title.

Fourteenth - Although, no general improvement district currently exists for the Mountain Water Ranch subdivision, the county bonrd of commissioners may in the future fonn such n district after a public hearing. Such a district mny be used to provide services such as streets and srreet lighting through a levy of property taxes or special assessments. A full explnnation of general improvement districts may be found in Chapter 318 of the Nevada Revised S tatues.

Fifteenth - Seller hereby guarantees that all roads giving access to, and within, the Subdivision will be completed at Seller's expense. The County will maintain the roads minimally. They will remove snow and fix problems, but they will not provide assistance for dust control. Sixteenth - Buyer has the option to cancel this contract or agreement of sale by notice to Seller until midnight of the seventh d ay following the date of signlng of the contract or agreement.

If you did not receive o Property Report prepared pursuant to the rules and regulations of the Interstate Land Sales Registration Division, U.S. Department of Housing and Urban Development, In advance of your signing the contract or agreement, the contract or agreement of sale may be canceled at your option for two yen rs from the date of signing.

Seventeenth-Special Provisions----------------------------------------

Eighteenth - Buyer hereby acknowledges receipt of the following documems:

Initials:

HUD Property Report Dated A +3- l 2006 (OILSR #'3lbSO )..... ,.. .,..,.". .....,................. _

Copy of Covenants, Conditions and Restrictions .... ... .. .. ..... ...... ... .. ,....... .. .. .... .... ,.. .... .. .. _

I hove personally inspected the above described property and I AGREE TO PURCHASE THE ABOVE DESCRIBED PROPERTY ON THE TERMS AND COND]TIONS HEREIN STATED. Buyer hereby acknowledges receipt of a copy hereof and acknowledges further that he/she has not received or relied upon any statements or representations by any Sales Representative or other agents of Seller which ore not herein expressed.

Buyer SS# Dnte Buye r SS# Date

ACCEPTANCE: The undersigned accepts the foregoing offer and agrees to sell the herein described property for the price and on the terms

and conditions herein s pecified .

Seller: Nevada Land and Ranches, LLC. By: _

Audrey Kennoch Managing Partner

Date

In Reply Refer To:

N-79200

2800 (NVB0200)

United States Department of the Interior

BUREAU OF LAND MANAGEMENT

Tonopah Field Office

P.O. Box 91 I (1553 South Main Street) Tonopah, Nevada 89049

Phone : 775-482-7800 Fax: 775-482-7810

https: /www.blm.gov/nevada

OCT 1 2 2017

Nevada Off Highway Vehicles Program Department of Conservation and Natural Resources 901 S. Stewart Street, Ste 1000

Carson City, Nevada 89701

RE: Nevada Off Highway Vehicle Program/Inyo National Forest Road Access Grant Dear Commissioner/s:

The above stated off-highway project has my approval as of October 11,2017.

The project is located on public lands administered by the Bureau of Land Management, Tonopah Field Office. A right-of-way grant was authorized under case file N-79200 to Esmeralda County in 2005. An Environmental Analysis (NV065-EA2005-0l 9) was approved on April 8, 2005. An amendment was approved through a categorical exclusion (NV065-CX06-

1. on April 24, 2006 addressing the term length of the authorization. The amended right-of­ way authorization was issued for a term of, in perpetuity. The documentation for issuance of the right-of-way was necessary to comply with federal laws and specifically, NRS 490.069.

   
   

   If you have any questions or concerns, please contact me at (775) 482-7800 or by email at tcoward@blm.gov.

   
   

   

   
   

   

   RunDate/Time: 10/11/17 03:26 PM

   DEPARTMENT OF THE INTERIOR BUREAU OF LAND MANAGEMENT CASE RECORDATION

   (MASS) Serial Register Page Page 1 of 2

   01 10-21-1976i090STAT2776i43USC1761 Case Type 281001: ROW-ROADS

   Commodity 971: NON-ENERGY FACILITIES

   Case Disposition: AUTHORIZED Case FIie Juris:

   Total Acres

   10.180

   
   

   TONOPAH FIELD OFFICE

   Serial Number

   NVN- • 079200

   
   

   Name & Address

   Serial Number: NVN--- - 079200

   Xnt Rel \ Xntereat

   
   

   

   ESMERALDA CNTY RD DEPT PO BOX 129

   GOLDFIELD NV 89013

   HOLDER 100.000000000

   
   

   
   

   Mer Twp Rng Sec SType Nr Suff Subdivision

   Serial Number: NVN--- - 079200

   District / Field Office County Mgmt Agency

   
   

   21 00105 0340E	017	ALIC	W2,SE,	TONOPAH FIELD OFFICE	ESMERALDA	BUREAU OF LAND MGMT
   21 00105 0340E	017	LOTS	1,2,3,4;	TONOPAH FIELD OFFICE	ESMERALDA	BUREAU OF LAND MGMT
   21 0010S 0340E	020	ALIQ	NENE;	TONOPAH FIELD OFFICE	ESMERALDA	BUREAU OF LAND MGMT
   21 0010S 0340E	021	ALIQ	NW.SE,	TONOPAH FIELD OFFICE	ESMERALDA	BUREAU OF LAND MGMT
   21 0010S 0340E	022	ALIC	S2;	TONOPAH FIELD OFFICE	ESMERALDA	BUREAU OF LAND MGMT
   21 0010S 0340E	022	LOTS	4,5,6,7,	TONOPAH FIELD OFFICE	ESMERALDA	BUREAU OF LAND MGMT
   21 00105 0340E	023	ALIQ	S2;	TONOPAH FIELD OFFICE	ESMERALDA	BUREAU OF LAND MGMT
   21 0010S 0340E	023	LOTS	1,2,3,4;	TONOPAH FIELD OFFICE	ESMERALDA	BUREAU OF LAND MGMT
   21 00105 0340E	024	ALIQ	52,	TONOPAH FIELD OFFICE	ESMERALDA	BUREAU OF LAND MGMT
   21 00105 0340E	024	LOTS	4,5,6,7,	TONOPAH FIELD OFFICE	ESMERALDA	BUREAU OF LAND MGMT
   21 0010S 0350E	019	ALIQ	S2,	TONOPAH FIELD OFFICE	ESMERALDA	BUREAU OF LAND MGMT
   21 00105 0350E	019	LOTS	4:	TONOPAH FIELD OFFICE	ESMERALDA	BUREAU OF LAND MGMT
   21 0010S 0350E	020	ALIQ	S2,	TONOPAH FIELD OFFICE	ESMERALDA	BUREAU OF LAND MGMT
   21 0010S 0350E	021	ALIC	SW,	TONOPAH FIELD OFFICE	ESMERALDA	BUREAU OF LAND MGMT

   
   

   Act Date	Code	Action	Action Remarks Pending Office
   08/27/2004	124	APLN RECD
   08/27/2004	500	GEOGRAPHIC NAME	CHIATOVICH CREEK;
   02/02/2005	846	EXEMPT FROM COST RECOV	$650.00;
   03/09/2005	004	NEPA ANALYSIS INITIATED	NV065-EA2005-019(EAI
   04/08/2005	00S	NEPA ANALYSIS APPROVED
   04/27/2005	307	ROW GRANTED-ISSUED
   04/27/2005	502	LENGTH IN FEET	42240;
   04/27/2005	503	LENG'n{ IN MILES	8;
   04/27/2005	504	WIDTH IN FEET (TOTAL)	40;
   04/27/2005	852	RENTAL EXEMPT
   05/03/2005	600	RECORDS NOTED
   05/04/2005	042	CASE SENT TO	NV060
   11/15/200S	042	CASE SENT TO	NV065
   03/21/2006	153	POST AUTH APLN RECD
   04/10/2006	110	APLN COMPLETE
   04/10/2006	846	EXEMPT FROM COST RECOV	$3S4.00;
   04/24/2006	00S	NEPA ANALYSIS APPROVED	NV065-CX06-106
   04/25/2006	241	Atmf OFFER.ED APPLICANT
   05/09/2006	304	Atmf AMENDED/MODIFIED	/A/
   07/09/2010	153	POST AUTH APLN RECD
   09/20/2010	110	APLN COMPLETE
   09/20/2010	846	EXEMPT FROM COST RECOV	$1476;
   09/23/2010	005	NEPA ANALYSIS APPROVED	B02020100157CX
   09/27/2010	241
   10/01/2100	304	Atmf AMENDED/MODIFIED /B/
   10/05/2015	950	COMPLIANCE APPROVED
   10/04/2020	853	COMPL/REVIEW DUE DATE
   01/01/9999	763	EXPIRES

   Serial Number: NVN--- - 079200

   
   

   
   

   Atmf OFFERED APPLICANT

   ---

   
   

   NO WARRANTY IS MADE BY BLM FOR USE OF THE DATA FOR PURPOSES NOT INTENDED BY BLM

   USDA United States‌

   Department of

   Agriculture

   
   

   Forest Service

   
   

   Inyo National Forest 351 Pacu Lane, Suite 200 Bishop, CA 93514

   (760) 873-2400

   (760) 873-2538 TDD

   
   

   File Code: 1950

   Date: August 17, 2009

   
   

   Dear Interested Party:

   I am pleased to announce that the Final Environmental Impact Statement (FEIS) and Record of Decision (ROD) are available for the Inyo National Forest Motorized Travel Management Project. I want to thank the many committed individuals and organizations who have given countless hours to participate in this effort. It was your hard work and productive interaction that ultimately enabled me to select an alternative that will provide a sustainable system of roads, trails, and areas to meet the recreational and access needs of local citizens and visitors from around the world while protecting important resource values.

   Throughout this project, I have been impressed at the spirit of citizen stewardship and collaboration that members of the public brought to this project. This is particularly demonstrated by the Collaborative Alternative Team, a team of individuals representing varied perspectives that worked through differences to develop a community-based alternative for a sustainable motorized transportation system on the Inyo. I am impressed with their work and, after careful analysis, believe that a slightly modified version of their collaborative alternative (Alternative 6) will provide the best transportation system for this Forest.

   From the start, this project has been about balancing the various needs for motorized recreational opportunities with the need to protect natural and cultural resources. Every alternative that has been analyzed does this, with different weight placed on the various - sometimes conflicting - values and resources. In reviewing Alternative 6, and evaluating the input I received during the DEIS comment period, I made some slight changes that responded to this input while still honoring the theme that was weaved into its development. I have selected Modified Alternative 6 because it best meets the purpose and need and responds to the issues of motorized access and recreational opportunities, and natural and cultural resource protection.

   The following summary highlights the main points of my decision. Greater detail of the decision and the analysis that led to it can be found in both the ROD and the FEIS. A key element of my decision includes the limitation of motor vehicle travel by the public to the designated National Forest Transportation System (NFTS) roads, trails and areas. To ensure a reasonable level of motorized recreation access to recreation opportunities, I have decided to:

   • Add 122 miles of motorized trails open to all trail vehicles, 20 miles of ATV trails, and 15 miles of motorcycle trails to the National Forest Transportation System (NFTS).

   • Add 850 miles of high-clearance native surface roads to the NFTS, for a total of 2,035 miles of high-clearance roads open to all vehicles (highway-legal and non-highway-legal).

   • Allow motorized mixed use (highway-legal mixed with non-highway legal) on 5.6 miles of NFTS passenger car roads contingent on the concurrence of the California Highway Patrol.

   • Convert 6 miles of existing NFTS road to motorcycle trail, 8 miles ofNFTS road to ATV

     trail for vehicles SO-inches wide or less, and 159 miles ofNFTS road to 4WD motorized trails open to all trail vehicles.

   • Close 30 miles of existing NFTS roads to public motor vehicle use and retain 29 miles of those roads for Forest Service administrative use (including motor vehicle use authorized by contract, permit, or other written authorization). One mile of the NFTS will remain closed to all motorized use to resolve private property concerns.

,..

Caring for the Land and Serving People

Printed on Recyded Paper ..,

This decision is subject to appeal pursuant to the regulation at 36 CFR 215. Appeals, including attachments, must be filed within 45-days of the publication date of the legal notice of decision in the Inyo Register, the newspaper of record. Detailed procedures for appeal are located in the ROD. For information about the actual beginning of the appeal period, please visit the Forest website at http://www. fs. fed.us/r5/in yo/ proiects/ohvroute5.shtml

Our efforts to share the specific details with you in public meetings begin in earnest during the third week of September. The list of all scheduled public meetings is below. I have scheduled these meetings so that you will have time to review my decision and can come prepared to seek the clarification you need. I also ask that you be prepared to sign-up to help me implement this decision. As this system of roads and trails is as much yours as mine; I want to hear your thoughts about such things as highest priorities for resource mitigations , signing, and route restoration - and how we' ll work together to get them done. I look forward to the opportunity to discuss my decision with you at these meetings.

Lastly, I would like to share my deep appreciation for the role you' ve played in shaping this decision. Based upon the many positive comments about the community-based alternative I received during the comment period, I am hopeful that you will join me and members of the Collaborative Alternative Team as we implement this decision. To ensure the legacy of cooperation and the ideals of citizen stewardship that this group espoused, I urge you to participate in all that is still to come in the management of the Inyo National Forest.

Sincerely,

'

Categorical Exclusion Documentation Format When Using Categorical Exclusions Not Established by Statute

1. Background

   
   

   BLM Office: Tonopah Field Office Lease/Serial/Case File No: N-79200/B/

   N-81757/N

   
   

   CX Number: DOI-BLM-NV-B020-2010-0157-CX Name of Preparer: Alan Buehler

   
   

   Proposed Action Title/Type: Amend and Renew Rights-of-Way N-79200 (Chiatovich Road) and N-81751 (South Perry Aiken) to Esmeralda County Road Dept in Perpetuity

   Location of Proposed Action: T. 1 S.• R. 34 E.• and T. 3 S.• R. 35 E.• Mt. Diablo Meridian. Esmeralda County. Mount Diablo Meridian. Nevada.

   Description of Proposed Action: Esmeralda County Road Department submitted amendment/renewal applications for currently authorized Title V Federal Land Policy Management Act (FLPMA) rights-of-way to be granted for a term of"in perpetuity." New 2005 regulations found at 43 CFR 2805.11 allow grants to be issued "in perpetuity."

   
   

   N-79200 was issued in 2005; amended in 2006; N-81757 issued in 2006. Both case files will expire on December 31. 2036.

   
   

   No new construction is anticipated. The roads would require occasional maintenance to maintain drainage and clear shoulders for public safety. Current maintenance activities by the Esmeralda County Road Department include grading as needed, subject to erosion from storm events per currently authorized grant stipulations. Use includes seasonal recreation. hunting. and wood gathering among other uses.

   
   

   Applicant (if any): Ed Rannells. Esmeralda County Road Department. Goldfield. NV

   
   

2. Land Use Plan Conformance

   
   

   Land Use Plan Name: Tonopah Resource Management Plan Date Approved/Amended: October 2. 1997

   
   

   The proposed action is in conformance with the applicable LUP because it is specifically provided for in the following LUP decision(s):

   
   

   _ X_ The proposed action is in conformance with the LUP, even though it is not specifically provided for, because it is clearly consistent with the following LUP decision(s) (objectives, terms, and conditions):

   
   

   Lands and Rights-of-Way Objective. page 18.

   "To make lands available for community expansion and private economic development and to increase the potential for economic diversity."

   RMP Detennination, page 19.

   Lands within the Tonopah Planning Area in which there are no unresolvable conflicts with other resource values will be open to consideration for linear or areal rights-of-way, leases, and land­ use pennits. Any such grants, leases, or pennits will include appropriate stipulations to protect the area's special values.

   
   

   RMP Standard Operating Procedures, page 33.

   Unless the land has been dedicated to a specific use or uses, public land within the Tonopah Planning Area is available for consideration for linear rights-of-way for access, and for utility transportation and distribution purposes.

   
   

   Nevada Statewide Policy Plan for Public Lands - Esmeralda County Policy Plan for Public Lands, adopted by the Esmeralda County Board of Commissioners in April,1985.

   
   

3. Compliance with NEPA

The Proposed Action is categorically excluded from further documentation under the National Environmental Policy Act (NEPA) in accordance with 516 OM 11.9.

E. Realty. (9) Renewals and assignments ofleases, permits or rights-of-way where no additional rights are conveyed beyond those granted by the original authorizations.

E. Realty. ( 13) Amendments to existing rights-of-way such as the upgrading of existing facilities which entail no additional disturbances outside the rights-of-way boundary.

E. Realty. ( 16) Acquisition of easements for an existing road or issuance of leases, permits, or rights-of-way for the use of existing facilities, improvements, or sites for the same or similar purposes.

This categorical exclusion is appropriate in this situation because there are no extraordinary circumstances potentially having effects that may significantly affect the environment. The proposed action has been reviewed, and none of the extraordinary circumstances described in 516 DM 2 apply.

I considered that the road improvements already exist and are authorized under a FLPMA ROW, and is designed for the intended purpose. With no additional surface disturbance outside of the authorized ROW or change in management, there will be no adverse impacts.

D. Signatures N,

Environmental Coordinator: ' (Signature)

Authorizing Official: j

(Si ature)

Date:

Date:

?/J!/p;o.,- ,

9/13/2010

Name: Thomas J. Seley

Title: Field Manager, Tonopah

} ...

Contact Person: For additional information concerning this CX review, contact Alan Buehler, Supervisory Geologist, Tonopah Field Office , P.O. Box 911, Tonopah, NV 89049,

(775) 482-7830.

All of the above questions must be answered negatively before the Categorical Exclusion may be approved. This checklist is taken from 516 DM 2, Appendix 2.

Reviewed by

Susan Rigby, Cultural Resource Specialist Devin Englestead, Wildlife Biologist

Sheryl Post, Rangeland Management Specialist

Initials Date

"\ jJ.tj 10

D.::...C.:....z

suP

BUREAU OF LAND MANAGEM CASE RECORDATION

(LIVE) SERIAL REGISTER PAGE

• 8un Date/Time: 09/18/10 01:01 PM Pag1 Qf

  :_ ' 01 1 0-21-1976;090STAT2776;43USC1761 Case Type 281001: ROW-ROADS Commodity 971: NON-ENERGY FACILITIES

  Total Acres

  10.180

  Serial Number NVN- - 079200

  ;·c ase Disposition: AUTHORIZED Case File Juris: TONOPAH FIELD STATION

  Serial Number: NVN--- - 079200

  Name & Address :rnt Rel %Interest

  

  ESMERALDA CNTY RD DEPT PO BOX 129 GOLDFIELD NV 89013 HOLDER 100.000000000

  
  

  Mer Twp Rng Sec	SType	Nr Suff	Subdivision	Serial Number: District/Field Office	NVN--- - County	079200 Mgmt Agency
  21 0010S 0340E 017	ALIQ		W2,SE;	BATTLE MOUNTAIN FIELD O	ESMERALDA	BUREAU OF LAND MG
  21 0010S 0340E 017	LOT!:		1,2,3,4;	BATTLE MOUNTAIN FIELD O	ESMERALDA	BUREAU OF LAND MG
  21 0010S 0340E 020	ALIQ		NENE;	BATTLE MOUNTAIN FIELD O	ESMERALDA	BUREAU OF LAND MG
  21 0010S 0340E 021	ALIQ		NW,SE;	BATTLE MOUNTAIN FIELD O	ESMERALDA	BUREAU OF LAND MG
  21 001OS 0340E 022	ALIQ		S2;	BATTLE MOUNTAIN FIELD O	ESMERALDA	BUREAU OF LAND MG
  21 0010S 03'10E 022	LOT!:		'1,5,6,7;	BATTLE MOUNTAIN FIELD O	ESMERALDA	BUREAU OF LAND MG
  21 0010S 0340E 023	ALIQ		S2;	BATTLE MOUNTAIN FIELD O	ESMERALDA	BUREAU OF LAND MG
  21 001OS 0340E 023	LOT!:		1,2,3,4;	BATTLE MOUNTAIN FIELD O	ESMERALDA	BUREAU OF LAND MG
  21 0010S 0340E 024	ALIQ		S2;	BATTLE MOUNTAIN FIELD O	ESMERALDA	BUREAU OF LAND MG
  21 0010S 0340E 024	LOT!:		4,5,6,7;	BATTLE MOUNTAIN FIELD O	ESMERALDA	BUREAU OF LAND MG
  21 001OS 0350E 019	ALIQ		S2;	BATTLE MOUNTAIN FIELD O	ESMERALDA	BUREAU OF LAND MG
  21 0010S 0350E 019 21 0010S 0350E 020	LOT ALIQ		4· '	BATTLE MOUNTAIN FIELD O BATTLE MOUNTAIN FIELD O	ESMERALDA ESMERALDA	BUREAU OF LAND MG
  21 0010S 0350E 021	ALIQ		SW;	BATTLE MOUNTAIN FIELD O	ESMERALDA	BUREAU OF LAND MG

  S2; BUREAU OF LAND MG

  
  

  Act Date	Code	Action	Serial Action Remarks	Number:	NVN--- - 079200 Pending Office
  08/27/2004	124	APLN RECD
  08/27/2004	500	GEOGRAPHIC NAME	CHIATOVICH CREEK;
  02/02/2005	846	EXEMPT FROM COST RECOV	$650.00;
  03/09/2005	004	NEPA ANALYSIS INITIATED	NV065-EA2005-019(EA)
  04/08/2005	005	NEPA ANALYSIS APPROVED
  04/27/2005	307	ROW GRANTED-ISSUED
  04/27/2005	502	LENGTH IN FEET	42,240;
  04/27/2005	503	LENGTH IN MILES	8;
  04/27/2005	504	WIDTH IN FEET (TOTAL)	40;
  04/27/2005	852	RENTAL EXEMPT
  05/03/2005	600	RECORDS NOTED
  05/04/2005	042	CASE SENT TO	NV060
  11/15/2005	042	CASE SENT TO	NV065
  03/21/2006	153	POST AUTH APLN RECD
  04/10/2006	110	APLN COMPLETE
  04/10/2006	846	EXEMPT FROM COST RECOV	$354.00;
  04/24/2006	005	NEPA ANALYSIS APPROVED	NV065-CX06-106
  04/25/2006	241	AUTH OFFERED APPLICANT
  05/09/2006	304	AUTH AMENDED/MODIFIED	/A/
  04/26/2010	853	COMPUREVIEW DUE DATE
  07/09/2010	314	RENEWALAPLN FILED
  06/30/2036	247	FUTURE ACTION SUSPENSE	REVIEW FOR RENEWAL
  12/31/2036	763	EXPIRES

  
  

  
  

  NO WARRANTY IS MADE BY BLM FOR USE OF THE DATA FOR PURPOSES NOT INTENDED BY BLM

  BUREAU OF LAND MANAGEM CASE RECORDATION

  (LIVE) SERIAL REGISTER PAGE

  

  Bun Date/Time: 09/18/10 01:01 PM Page 2 of 2

  

  Line Nr Remarks Serial Number: mm--- - 079200

  0001

  0002

  ,. 0003

  UPPER CHIATOVICH CREEK ROAD ACCESS

  8 MILES LONG

  /A/3 PARKING AREAS; 3 OPEN DRAINAGE SWALES

  
  

  NO WARRANTY IS MADE BY BLM FOR USE OF THE DATA FOR PURPOSES NOT INTENDED BY BLM

  
  

  

  8un Date/Time: 09/18/10 01:01 PM

  BUREAU OF LAND MANAGEM CASE RECORDATION

  (LIVE) SERIAL REGISTER PAGE

  
  

  eage 1 of 1

  ;' 0110-21-1976;090STAT2776;43USC1761 Case Type 281001: ROW-ROADS

  Commodity 971: NON-ENERGY FACILITIES

• ; c ase Disposition: AUTHORIZED Case File Juris:

Total Acres

4.120

TONOPAH FIELD STATION

Serial Number

NVN- - 081757

Serial Number: NVN--- - 081757

Mer Twp Rng Sec SType Nr Suff Subdivision 21 0030S 0350E 016 ALIQ SESE;

21 0030S 0350E 021 ALIQ N2NE;

Serial Humber: NVN--- - 081757

DistricVField Office County Mgmt Agency

BATTLE MOUNTAIN FIELD O ESMERALDA BUREAU OF LAND MG

BATTLE MOUNTAIN FIELD O ESMERALDA BUREAU OF LAND MG

Line Nr Remarks Serial Number: NVN--- - 081757

0001 SEE N-54422 - RS2477 ROAD

0002 TWO ROADS; LEADS TO PRIVATE LANDS

NO WARRANTY IS MADE BY BLM FOR USE OF THE DATA FOR PURPOSES NOT INTENDED BY BLM

September 17, 2010

,. EXHIBIT A

STIPULATIONS

N-79200 N-81757

1. In case of change of address, the Holder shall immediately notify the BLM Authorized Officer.

   
   

2. In the event that the public land underlying the right-of-way 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 ROW is not within a ROW corridor being reserved to the United States in the patent/deed, 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][2880], including any rights to have the holder apply to DLM for amendments, modifications, or assignments and for DLM 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, statutes, and ordinances. After conveyance, any disputes concerning compliance with the use and the terms and conditions of the ROW shall be considered a civil matter between the patentee/grantee and the ROW Holder.

   
   

3. This grant is subject to all valid rights existing on the effective date ofthis grant.

   
   

4. The holder shall protect all survey monuments found within the right-of-way. Survey monuments include, but are not limited to, General Land Office and Bureau of Land Management Cadastral Survey Corners, reference corners, witness points, U.S. Coastal and Geodetic benchmarks and triangulation stations, military control monuments, and recognizable civil (both public and private) survey monuments. In the event of obliteration or disturbance of any of the above, the holder shall immediately report the incident, in writing, to the authorized officer and the respective installing authority if known. Where General Land Office or Bureau of Land Management right-of-way monuments or references are obliterated during operations, the holder shall secure the services of a registered land surveyor or a Bureau cadastral surveyor to restore the disturbed monuments and references using surveying procedures found in the Manual of Surveying Instructions for the Survey of the Public Lands in the United States, latest edition. The holder shall record such survey in the appropriate county and send a copy to the authorized officer. If the Bureau cadastral surveyors or other Federal surveyors are used to restore the disturbed survey monument, the holder shall be responsible for the survey cost.

1. Any cultural or paleontological resource (historic or prehistoric site or object) or Native American human remains, funerary item, sacred object, or objects of cultural patrimony discovered by the permit holder, or any person working on their behalf, during the course of activities on Federal land, shall be immediately reported to the authorized officer by telephone, with written confirmation. The permit holder shall suspend all operations in the immediate area of such discovery and protect it until an evaluation of the discovery will be made by the authorized officer.

   
   

   : •

   
   

   ...

   For cultural resources other than Native American human remains, funerary item, sacred object, or objects of cultural patrimony, this evaluation will determine the significance of the discovery and what mitigation measures are necessary to allow activities to proceed. The holder is responsible for the cost of evaluation and mitigation. Any decision on treatment and/or mitigation will be made by the authorized officer after consulting with the permit holder. Operations may resume only upon written authorization to proceed from the authorized officer.

   
   

2. 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.

   
   

3. The Holder shall be responsible for weed control on disturbed areas within the limits of the right-of­ way. The Holder is responsible for consultation with the Authorized Officer and/or local authorities for acceptable weed control methods (within limits imposed in the grant stipulations).

   
   

4. The Holder shall comply with all applicable Federal, State, and local laws and regulations, existing or hereafter enacted or promulgated, with regard to any hazardous material, as defined in this paragraph, that will be used, produced, transported or stored on or within the R/W or any of the R/W facilities, or used in the construction, operation, maintenance or termination of the R/W or any of its facilities. "Hazardous material" means any substance, pollutant, or contaminant that is listed as hazardous under the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) of 1980, as amended, 43 U.S.C. 9601 et seq., and its regulations. The definition of hazardous substances under CERCLA includes any "hazardous waste" as defined in the Resource Conservation and Recovery Act (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.

   
   

5. The Holder of right-of-way N-79200 and N-81757 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 (RCRA) of 1976, as amended, 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.

   
   

6. During the period of May 1 through October 1 of each year, Holder should consider using spark arresters on vehicles and equipment in the project area, due to the potential for fire ignition from project related activities. This includes emission of hot carbon particles from diesel powered equipment, improperly equipped or poorly operating exhaust systems on gas powered vehicles and direct contact of wildland fuels with catalytic converters. Individuals, groups, businesses or corporations found responsible for the ignition of a wild fire may be held liable for the costs associated with the suppression of that fire.

   
   

7. Prior to any planned disturbance in potential migratory bird nesting habitat from March 1 to July 31 (the approximate nesting season), a field survey for migratory birds, their nests, eggs, or young should be performed, in order to prevent violation of the Migratory Bird Treaty Act (MBTA). If any nests, eggs, or young arefound either the project should be delayed until the birds have completed their nesting and brood rearing activities, or the project should be re-designed as to not harm the migratory birds, their nests, eggs, or young. A migratory bird is any species of bird except upland game species, feral pigeons, European starlings, and English house sparrows. Potential migratory bird nesting habitat is any habitat that may provide nesting opportunity for any species of migratory bird.

   
   

   2

   Any violation of the MBTA can incur penalties up to $15,000 or 6 months imprisonment, or both per individual offense. Any questions about the Migratory Bird Treaty Act should be referred to the Reno Office of the U.S. Fish and Wildlife Service at (775) 861-6300, or e-mail at "asknevada@fws.gov".

   •

8. The Holder shall prevent any activities which may cause erosion. Where erosion has resulted, the

   Holder shall re-vegetate and re-habilitate the location. The Holder is responsible for consultation with the Authorized Officer for an acceptable proposal.

   
   

9. Use of pesticides shall comply with the applicable federal and state laws. Pesticides shall be used only in accordance with their registered uses and within limitations imposed by the Secretary of the Interior. Prior to the use of pesticides, the Holder shall obtain from the Authorized Officer written approval of a plan showing the type and quantity of material to be used, pest(s) to be controlled, method of application, location of storage and disposal of containers, and any other information deemed necessary by the Authorized Officer. Emergency use of pesticides shall be approved in writing by the Authorized Officer prior to such use.

   
   

10. The Holder shall comply with all applicable Federal, State, and local laws and regulations existing or thereafter enacted or promulgated.

    
    

11. The Holder shall be responsible for making any necessary arrangements or agreements with private land owners for access or for those portions of this project which are located on private lands and for which the Bureau of Land Management has no jurisdiction.

    
    

12. The Holder shall permit free and unrestricted public access to and upon the R/W for all lawful purposes, except for those specific areas designated as restricted by the Authorized Officer to protect the public, wildlife, livestock, or facilities constructed within the R/W.

    
    

13. Widening, realignment, or altering the character of the road is not authorized other than grading, waterbarring, rocking and replacing and/or installing culverts.

    
    

14. If the road slope warrants, the road shall be winterized by providing a well drained roadway by waterbarring, maintaining drainage, and additional measures to minimize erosion.

    
    

15. The Holder shall seed disturbed areas outside of the authorized R/W resulting from grading, staging areas, stockpiles, and other activities. The Holder shall coordinate with the BLM for seeding method, seed mix, and planting season.

    
    

16. The minimum diameter for culverts shall be 24 inches in diameter and 20-feet long.

    
    

17. Future modifications, construction of improvements, or major maintenance operations involving disturbance of the land, shall not occur until plans for such actions have been submitted and approved in writing by the Authorized Officer. Any proposals involving new surface disturbance shall require a cultural inventory and may require completion of an environmental assessment.

    
    

    

18. In accordance with federal regulations in 43 CFR 2807.21 any proposed transfer of any right or interest in the right-of-way grant shall be filed with the BLM authorized officer. An application for assignment shall be accompanied by a showing of qualifications of the Assignee. The assignment shall be supported by a stipulation that the Assignee agrees to comply with and to bound by the terms and conditions of the grant to be assigned. No assignment shall be recognized unless and until it is approved in writing by the authorized officer.

    
    

    3

19. 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.

4

TOWNSHIP 1 SOUTH RANGE 34 EAST OF' THE MOUNT DIABLO MERIDIAN, NEVADA

ESMERALDA COUMTY BATTLE MTN GR DIST

; ·+:: ·74; 71

'T.· , .- ..,

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  PARTIALLY SURVEYED TOWNSHIP 3 SOUTH RANGE 35 EAST OF THE MOUNT DIABLO MERIDIAN, NEVADA

  
  

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  O s<C

  • «>. N 1 J c1. 01 l 1 " . ll 1 1 • t . 1 J' lc • 1. 1t

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  United States Department of the Interior

  BUREAU OF LAND MANAGEMENT

  Tonopah Field Office

  P.O. Box 911 (1553 S. Main St.) Tonopah, Nevada 89049

  Phone: 775-482-7800; Fax: 775-482-7810

  http://www .blm.gov/nv/st/en/fo/battle_mountain_field.html

  
  

  

  TAKE P R ID E•

  lNAMERJCA

  
  

  In Reply Refer To:

  N-79200/B/ 2800 (NVB0200)

  SEP 2 7 2010

  
  

  CERTIFIED MAIL - RETURN RECEIPT REQUESTED 7009 2250 0002 0430 9012

  
  

  Ed Rannells Superintendent

  Esmeralda County Road Department

  P.O. Box 129 Goldfield, NV 89013

  
  

  Dear Mr. Rannells:

  
  

  Enclosed are two amendment right-of-way grant offers (BLM Form 2800-14) for the Chiatovich Road, located near Dyer, Esmeralda, Nevada. Please review the offers , sign in the spaces provided, and return both copies to the address shown above. When the signed grant offer on BLM Form 2800-14 is received, the Bureau of Land Management (BLM) will be able to issue the right-of-way grant, providing there are no other unresolved issue s.

  
  

  This right-of-way grant, and the authority to use the lands described in the document in perpetuity , becomes effective on the date it is signed by an authorized officer of BLM. We will return a copy of the grant to you after the authorized officer has signed it.

  
  

  Esmeralda County Road Department is exempt from payment of cost recovery and rental fees according to 43 CFR 2804.16(a) and 43 CFR 2806.14(b) respectively .

  
  

  You are allowed 30 days from receipt of this offer in which to submit the executed right-of-way grant. If this requirement is not met, the application may be denied. If you have any questions, please contact Alan Bue hler, Supervisory Geologist, at (775) 482-7800.

  
  

  Sincerely,

  aeA

  Field Manager

  
  

  Enclosures

  

  Form 2800-

  14 (August

  1985) UNITED STATES

  DEPARTMENT OF THE INTERIOR BUREAU OF LAND MANAGEMENT

  
  

  RIGHT-OF-WAY GRANT/TEMPORARY USE PERMIT

  Issuing Office

  
  

  Tono ah Field Office

  
  

  Serial Number

  N-79200/B/

  
  

  1. A (right-of-way) is hereby granted pursuant to:

     
     

     1. Title V of the Federal Land Policy and Management Act of October 21, 1976 (90 Stat. 2776; 43 U.S.C. 1761).

     2. D Section 28 of the Mineral Leasing Act of 1920, as amended (30 U.S.C. 185);

     3. D Other (describe)

  2. Nature of Interest:

     
     

     1. By this instrument, the holder(s) Esmeralda County Road Department receives a right to construct, operate, maintain, and terminate a public access road on public lands (or Federal land for MLA Rights-of-Way) described as follows:

        
        

        Mount Diablo Meridian, Nevada

        
        

        T. 1 S., R. 34 E.,

        Sec. 17, W½, SE¼, lots 1-4; Sec. 20, NE¼NE¼:

        Sec. 21, NW¼, SE¼;

        Sec. 22, lots 1-4, S½;

        Sec. 24, lots 4-7, S½;

        
        

        T. 1 S. R., 35 E.,

        Sec. 19, S½, lot 4;

        Sec. 20, SW¼; Sec . 21, SW¼.

        r

        Commonly known as the Cbiatovich Road

        
        

     2. The right-of-way or permit area granted herein is 40 -feet-wide, 42,240-feet long, 8.0 miles in length and contains 10.180 acres, more or less. If a site type facility, the facility contains NI A acres.

        
        

     3. This instrument shall terminate in perpetuity from its effective date 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.

     4. This instrument may D may not be renewed. If renewed, the right-of-way or permit 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.

     5. 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 tenni nation, of the grant.

        
        

  3. Rental: 43 CFR 2806.14 - Exempt

     
     

     For and in consideration of the rights granted, the holder agrees to pay the Bureau of Land Management fair market value rental as detennined 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:

     
     

     1. This grant or permit is issued subject to the holder's compliance with all applicable regulations contained in Title 43 Code of Federal Regulations part 2800 and 2880.

        
        

     2. Upon grant termination by the authorized officer, all improvements shall be removed from the public lands within 120 days, or otherwise disposed of as provided in paragraph (4)(d) or as directed by the authorized officer.

        
        

     3. 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.

        
        

     4. The stipulations, plans, maps, or designs set forth in Exhibit(s) A-Maps and B-Stipulations, 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.

        
        

     5. Failure of the holder to comply with applicable law or any provision of this right-of-way grant or permit shall constitute grounds for suspension or termination thereof.

        
        

     6. 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.

  IN WITNESS WHEREOF, The undersigned agrees to the terms and conditions of this right-of-way grant orpe ? , • /) ,I/

  u;ttAM-/5

  

  Thomas J. Seley

  
  

  (Title) 1

  
  

  

  Field Manager, Tonopah Field Office (Title)

  y'bif /zol c

  

  (Date) 1 ' (Effective Date of Grant)

  TOWNSHIP SOUTH RANGE 35 EAST OF THE t.10.UNT DIABLO MERIDIAN, NEVADA

  
  

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TOWNSHIP 1 SOUTH RANGE 34 EAST OF THE MOUNT DIABLO MERIDIAN, NEVADA

ESMERALDA COUNTY BATTLE MTN GR DIST

STATUS OF PU8L/C DOMAIN LANO AND MINERAL TITLES

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to tnc codos1,o1 .u,.. ,.. fot off,clol 11Urwy ln formo llon.

September 24, 2010

EXHIBITB

N-79200/B/ N-81757/A/

STIPULATIONS

1. In case of change of address, the Holder shall immediately notify the BLM Authorized Officer.

   
   

2. In the event that the public land underlying the right-of-way 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 ROW is not within a ROW corridor being reserved to the United States in the patent/deed, 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)(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, statutes, and ordinances. After conveyance, any disputes concerning compliance with the use and the terms and conditions of the ROW shall be considered a civil matter between the patentee/grantee and the ROW Holder.

   
   

3. This grant is subject to all valid rights existing on the effective date of this grant.

   
   

4. The holder shall protect all survey monuments found within the right-of-way . Survey monuments include, but are not limited to, General Land Office and Bureau of Land Management Cadastral Survey Corners, reference corners, witness points, U.S. Coastal and Geodetic benchmarks and triangulation stations, military control monuments, and recognizable civil (both public and private) survey monuments. In the event of obliteration or disturbance of any of the above, the holder shall immediately report the incident, in writing, to the authorized officer and the respective installing authority if known. Where General Land Office or Bureau of Land Management right-of-way monuments or references are obliterated during operations, the holder shall secure the services of a registered land surveyor or a Bureau cadastral surveyor to restore the disturbed monuments and references using surveying procedures found in the Manual of Surveying Instructions for the Survey of the Public Lands in the United States, latest edition. The holder shall record such survey in the appropriate county and send a copy to the authorized officer. If the Bureau cadastral surveyors or other Federal surveyors are used to restore the disturbed survey monument, the holder shall be responsible for the survey cost.

1. Any cultural or paleontological resource (historic or prehistoric site or object) or Native American human remains, funerary item, sacred object, or objects of cultural patrimony discovered by the permit holder, or any person working on their behalf, during the course of activities on Federal land, shall be immediately reported to the authorized officer by telephone, with written confirmation. The pennit holder shall suspend all operations in the immediate area of such discovery and protect it until an evaluation of the discovery will be made by the authorized officer.

   For cultural resources other than Native American human remains, funerary item, sacred object, or objects of cultural patrimony, this evaluation will determine the significance of the discovery and what mitigation measures are necessary to allow activities to proceed. The holder is responsible for the cost of evaluation and mitigation . Any decision on treatment and/or mitigation will be made by the authorized officer after consulting with the pennit holder . Operations may resume only upon written authorization to proceed from the authorized officer.

   
   

2. 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.

   
   

3. The Holder shall be responsible for weed control on disturbed areas within the limits of the right-of­ way. The Holder is responsible for consultation with the Authorized Officer and/or local authorities for acceptable weed control methods (within limits imposed in the grant stipulations).

   
   

4. The Holder shall comply with all applicable Federal, State, and local laws and regulatio ns, existing or hereafter enacted or promulgated, with regard to any hazardous material, as defined in this paragraph, that will be used, produced, transported or stored on or within the R/W or any of the R./W facilities , or used in the construction, operation, maintenance or termination of the R/W or any of its facilities. "Hazardous material" means any substance, pollutant, or contaminant that is listed as hazardous under the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) of 1980, as amended, 43 U.S.C. 9601 et seq., and its regulations. The definition of hazardous substances under CERCLA includes any "hazardous waste" as defined in the Resource Conservation and Recovery Act (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.

   
   

5. The Holder of right-of-way N-79200 and N-81757 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 (RCRA) of 1976, as amended, 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.

   
   

6. During the period of May 1 through October 1 of each year, Holder should consider using spark atTesters on vehicles and equipment in the project area, due to the potential for fire ignition from project related activities . This includes emission of hot carbon particles from diesel powered equipment, improperly equipped or poorly operating exhaust systems on gas powered vehicles and direct contact of wildland fuels with catalytic converters. Individuals , groups, businesses or corporations found responsible for the ignition of a wild fire may be held liable for the costs associated with the suppression of that fire.

   
   

7. Prior to any planned disturbance in potential migratory bird nesting habitat from March 1 to July 31 (the approximate nesting season), a field survey for migratory birds, their nests, eggs, or young should be performed, in order to prevent violation of the Migratory Bird Treaty Act (MBTA). If any nests, eggs, or young are found either the project should be delayed until the birds have completed their nesting and brood rearing activities, or the project should be re-designed as to not harm the migratory birds, their nests, eggs, or young. A migratory bird is any species of bird except upland game species, feral pigeons, European starlings, and English house sparrows. Potential migratory bird nesting habitat is any habitat that may provide nesting opportunity for any species of migratory bird.

   
   

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   Any violation of the MBTA can incur penalties up to $15,000 or 6 months imprisonment, or both per individual offense. Any questions about the Migratory Bird Treaty Act should be refen-ed to the Reno Office of the U.S. Fish and Wildlife Service at (775) 861-6300, or e-mail at

   "as knevada@fws .gov".

   
   

8. The Holder shall prevent any activities which may cause erosion. Where erosion has resulted, the Holder shall re-vegetate and re-habilitate the location. The Holder is responsible for consultation with the Authorized Officer for an acceptable proposal.

   
   

9. Use of pesticides shall comply with the applicable federal and state laws. Pesticides shall be used only in accordance with their registered uses and within limitations imposed by the Secretary of the Interior. Prior to the use of pesticides, the Holder shall obtain from the Authorized Officer written approval of a plan showing the type and quantity of material to be used, pest(s) to be controlled, method of application, location of storage and disposal of containers, and any other information deemed necessary by the Authorized Officer. Emergency use of pesticides shall be approved in writing by the Authorized Officer prior to such use.

   
   

10. The Holder shall comply with all applicable Federal, State, and local laws and regulations existing or thereafter enacted or promulgated.

    
    

11. The Holder shall be responsible for making any necessary arrangements or agreements with private land owners for access or for those portions of this project which are located on private lands and for which the Bureau of Land Management has no jurisdiction.

    
    

12. The Holder shall permit free and unrestricted public access to and upon the R/W for all lawful purposes, except for those specific areas designated as restricted by the Authorized Officer to protect the public, wildlife, livestock, or facilities constructed within the R/W.

    
    

13. Widening, realignment , or altering the character of the road is not authorized other than grading, waterbarring , rocking and replacing and/or installing culverts.

    
    

14. If the road slope warrants, the road shall be winterized by providing a well drained roadway by waterbarring, maintaining drainage, and additional measures to minimize erosion.

    
    

15. The Holder shall seed disturbed areas outside of the authorized R/W resulting from grading, staging areas, stockpiles, and other activities. The Holder shall coordinate with the BLM for seeding method, seed mix, and planting season.

    
    

16. The minimum diameter for culverts shall be 24 inches in diameter and 20-feet long.

    
    

17. Future modifications, construction of improvements, or major maintenance operations involving disturbance of the land, shall not occur until plans for such actions have been submitted and approved in writing by the Authorized Officer. Any proposals involving new surface disturbance shall require a cultural inventory and may require completion of an environmental assessment.

    
    

18. In accordance with federal regulations in 43 CFR 2807.21 any proposed transfer of any right or interest in the right-of-way grant shall be filed with the BLM authorized officer. An application for assignment shall be accompanied by a showing of qualifications of the Assignee. The assignment shall be supported by a stipulation that the Assignee agrees to comply with and to bound by the terms and conditions of the grant to be assigned. No assignment shall be recognized unless and until it is approved in writing by the authorized officer.

    
    

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19. 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.

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To Whom it May Concern, October 22, 2017‌

As a three time Esmeralda County Commissioner, Park Board Chair, School board Member, Volunteer EMT, Volunteer Fireman, and involved in other community services since my move to Fish Lake Valley, Nevada in 1986, I feel a tremendous responsibility to advocate for the road improvement to the "upper pond" and the staging area for the hike to the top of Boundary Peak, the highest point in Nevada.

As the County Road Commissioner that "GPS'd" the construction route of the existing minimum maintenance road from Highway 264 to the intersection of the "Trail Canyon" road (a seven mile addition), I feel compelled, and it is my duty, to advocate for necessary improvements to upgrade this access to the only recreational area left open without restrictions imposed by wilderness designations imposed on the East slope of the 40 mile White Mountain area.

The existing road completed in 2010, is extremely rough and we have continuous reports of tire failures occasioned by the extreme surface hazards of this access. It needs improvement for the following reasons, in my opinion:

In Winter and in extreme weather conditions it is the only practical access to the upper trail canyon area where rescues of compromised parties can be made. The Northern access is extremely dangerous in Winter, and requires 20 additional miles of travel to effect rescues.

The road is often used by Americans with Disabilities (ADA) for fishing at the 8,000 + foot level. This along with other recreational use is an essential component that improves the economic opportunities of the of the services (diesel, gas, groceries, RV park, and Bed/Breakfast business in the valley below.