APPLICATION BLM AMEND MCDOT MARICOPA TRAIL SEG 11.PDF
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STANDARD FORM 299 (05/2009) Prescribed by 001/USDA/DOT APPLICATION FOR TRANSPORTATION AND FORM APPROVED P.L. 96-487 and Federal UTILITY SYSTEMS AND FACILITIES OMB Control Number: 0596-0082 Register Notice 5-22-95 ON FEDERAL LANDS Expiration Date: 1/31/2017 FOR AGENCY USE ONLY NOTE: Before completing and filing the application, the applicant should completely review this package and schedule a Application Number preapplication meeting with representatives of the agency responsible for processing the application. Each agency may have specific and unique requirements to be Mel in preparing and processing the application. Many times, with the help of the agency representative, the application can be completed at the preapplication meeting. Date Filed 1. Name and address of applicant (include zip code) 2. Name, title, and address of authorized agent if 3. Telephone (area code) different from item "I (include zip code) Maricopa County Steve Chucri Applicant 301 West Jefferson Street Chairman of the Board of Supervisors Phoenix, AZ 85003 Authorized Agent 4. As applicant are you? (check one) 5. Specify what application is for: (check one) a. El Individual LII New authorization b. LI Corporation* b. IA Renewing existing authorization No. C. 11/ PartnershiplAssociation* c. 1E1 Amend existing authorization No. d. 17j State Government/State Agency d. Ei Assign existing authorization No. e. Local Government e. LII Existing use for which no authorization has been received * f. Ej Federal Agency Other* * If checked, complete supplemental page " If checked, provide details under item 7 6. If an individual, or partnership are you a citizen(s) of the United States? LI Yes 111 No 7. Project description (describe in detail): (a) Type of system or facility, (e.g., canal, pipeline, road); (b) related structures and facilities; (c) physical specifications (Length, width, grading, etc.); (d) term of years needed: (e) time of year of use or operation; (f) Volume or amount of product to be transported; (g) duration and timing of construction; and (h) temporary work areas needed for construction (Attach additional sheets, if additional space is needed.) The proposed use is for a portion of the Maricopa Trail, a four foot wide recreation trail connecting our county parks. This portion is identified as a piece of Segment 11. We propose to build this trail inside the easement for roadway purposes obtained by the Maricopa County Department of Transportation in 2003 (AZA-31224). The proposed trail will be south of the existing roadway. The easement is 674.55 feet long and we require a 10 foot wide easement for the entire length to accommodate construction and maintenance. The current plan calls for construction of this trail during the spring of 2016. All funds for this project were authorized by the County Board of Supervisors in 2004 for the specific purpose of acquisition and construction of the Maricopa Trail. The estimated construction cost for this project is $4,000.00. This is a non-fee easement to be granted by the BLM and the only cost associated with this request are for construction of the trail. We are coordinating with the Maricopa County Department of Transportation to work inside their existing easement and amend that easement with the BLM. There are no known environmental or cultural concerns specific to this land. 8. Attach a map covering area and show location of project proposal 9. State or Local government approval: El Attached 1E1 Applied for Ej Not Required 10. Nonreturnable application fee: LI Attached 1E1 Not required 11. Does project cross international boundary or affect international waterways? Li Yes E3 No (if "yes," indicate on map) 12. Give statement of your technical and financial capability to construct, operate, maintain, and terminate system for which authorization is being requested. This trail will be constructed by a Trails Job Order Contractor under the direction of the Maricopa County Parks and Recreation Department, who will design and lay out the route for the contractor. All funds for this project were authorized by the County Board of Supervisors in 2004 for the specific purpose of acquisition and construction of the Maricopa Trail. The trail will be maintained by volunteers and Parks personnel. We are seeking to build and maintain this trail in perpetuity. STANDARD FORM 299 (REV. 5/2009) 13a. Describe other reasonable alternative routes and modes considered. Other options include keeping the trail on the roadway and crossing the river atop the bridge. Another alternative is to use Arizona State Land. b. Why were these alternatives not selected? The roadway presents a safety issue for travelers because it is too close to the road. The Arizona State Land issue is cost, State Land charges fully appraised value for the easement. c. Give explanation as t o why it is necessary to cross Federal Lands. The route in the river below the bridge gives us a safe alternative and a grade separated crossing of Happy Vally Parkway. 14. List authorizations and pending applications filed for similar projects which may provide information to the authorizing agency. (Specify number, date, code, or name) This is the first application of this type for the Parks and Recreation Department. We are asking to amend AZA-31224, dated 10/31/2002, which is a Department of Transportation easement for roadway purposes only. 15. Provide statement of need for project, including the economic feasibility and items such as: (a) cost of proposal (construction, operation, and maintenance); (b) estimated cost of next best alternative; and (c) expected public benefits. This project is needed in order to complete the Maricopa Trail, a continuous 310 mile loop around Maricopa County that connects our Parks. a) Construction cost $4000.00, maintenance by volunteers at no cost. b) Next best alternative cost is also $4000.00 c) Expected public benefits include no cost recreation and a continuous non-motorized route. 16. Describe probable effects on the population in the area, including the social and economic aspects, and the rural lifestyles. This trail route will benefit the local population by giving them alternative safe non-motorized travel routes to neighborhoods and shopping. 17. Describe likely environmental effects that the proposed project will have on: (a) air quality; (b) visual impact; (c) surface and ground water quality and quantity; (d) the control or structural change on any stream or other body of water; (e) existing noise levels; and (f) the surface of the land, including vegetation, permafrost, soil, and soil stability. a) No change to existing earth conditions because it will be built with native material b) Minimal visual impact as route is down in river bed and away from traffic. c) There is no existing surface water and no impact on ground water d) The trail will be constructed on the surface so no structural change e) No change f) No existing vegetation, soil compacted, 18. Describe the probable effects that the proposed project will have on (a) populations of fish, plantlife, wildlife, and marine life, including threatened and endangered species; and (b) marine mammals, including hunting, capturing, collecting, or killing these animals. There will be no effects on any animals. 19. State whether any hazardous material, as defined in this paragraph, will be used, produced, transported or stored on or within the right-of-way or any of the right-of-way facilities, or used in the construction, operation, maintenance or termination of the right-of-way 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 of 1980, as amended, 42 U.S.C. 9601 et seq., and its regulations. The definition of hazardous substances under CERCLA includes any "hazardous waste" as defined in the Resource Conservation and Recovery Act of 1976 (RCRA), 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 CERCIA Section 101(14), 42 U.S.C. 9601(14), nor does the term include natural gas. There will be no hazardous material. 20. Name all the Department(s)/Agency(les) where this application is being filed. Bureau of Land Management I HEREBY CERTIFY, That I am of legal age and authorized to do business in the State and that I have personally examined the information contained in the application and believe that the information submitted is correct to the best of my knowledge. Signature of Applicant Date Title 18, U.S.C. Section 1001, makes it a crime for any person knowingly and willfully to make to any department or agency of the United States any false, fictitious, or fraudulent statements or representations as to any matter within its jurisdiction. STANDARD FORM 299 (REV. 5/2009) PAGE 2 GENERAL INFORMATION Department of Transportation ALASKA NATIONAL INTEREST LANDS Federal Aviation Administration Alaska Region AAL-4, 222 West 7th Ave., Box 14 This application will be used when applying for a right-of-way, permit, Anchorage, Alaska 99513-7587 license, lease, or certificate for the use of Federal lands which lie within Telephone: (907) 271-5285 conservation system units and National Recreation or Conservation Areas as defined in the Alaska National Interest lands Conservation Act. NOTE - The Department of Transportation has established the above Conservation system units include the National Park System, National central filing point for agencies within that Department. Affected agencies VVildlife Refuge System, National Wild and Scenic Rivers System, are: Federal Aviation Administration (FAA), Coast Guard (USCG), Federal National Trails System, National Wilderness Preservation System, and Highway Administration (FHWA), Federal Railroad Administration (ERA). National Forest Monuments. Transportation and utility systems and facility uses for which the OTHER THAN ALASKA NATIONAL INTEREST LANDS application may be used are: Use of this form is not limited to National Interest Conservation Lands of 1. Canals, ditches, flumes, laterals, pipes, pipelines, tunnels, and other Alaska. systems for the transportation of water. Individual department/agencies may authorize the use of this form by 2. Pipelines and other systems for the transportation of liquids other than applicants for transportation and utility systems and facilities on other water, including oil, natural gas, synthetic liquid and gaseous fuels, and Federal lands outside those areas described above. any refined product produced therefrom. For proposals located outside of Alaska, applications will be filed at the 3. Pipelines, slurry and emulsion systems, and conveyor belts for local agency office or at a location specified by the responsible Federal transportation of solid materials. agency. 4. Systems for the transmission and distribution of electric energy. SPECIFIC INSTRUCTIONS 5. Systems for transmission or reception of radio, television, telephone, (Items not listed are self-explanatory) telegraph, and other electronic signals, and other means of 7 Attach preliminary site and facility construction plans. The responsible communications. agency will provide instructions whenever specific plans are required. 6. Improved right-of-way for snow machines, air cushion vehicles, and all- 8 Generally, the map must show the section(s), township(s), and terrain vehicles, range(s) within which the project is to be located. Show the proposed 7. Roads, highways, railroads, tunnels, tramways, airports, landing strips, location of the project on the map as accurately as possible. Some docks, and other systems of general transportation. agencies require detailed survey maps. The responsible agency will provide additional instructions. This application must be filed simultaneously with each Federal department or agency requiring authorization to establish and operate 9, 10, and 12 The responsible agency will provide additional instructions. your proposal. 13 Providing information on alternate routes and modes in as much detail In Alaska, the following agencies will help the applicant file an application as possible, discussing why certain routes or modes were rejected and identify the other agencies the applicant should contact and possibly and why it is necessary to cross Federal lands will assist the file with: agency(les) in processing your application and reaching a final decision. Include only reasonable alternate routes and modes as Department of Agriculture related to current technology and economics. Regional Forester, Forest Service (USFS) Federal Office Building, 14 The responsible agency will provide instructions. P.O. Box 21628 Juneau, Alaska 99802-1628 15 Generally, a simple statement of the purpose of the proposal will be Telephone: (907) 586-7847 (era local Forest Service Office) sufficient. However, major proposals located in critical or sensitive areas may require a full analysis with additional specific information. Department of the Interior The responsible agency will provide additional instructions. Bureau of Indian Affairs (B IA) Juneau Area Office 16 through 19 Providing this information is as much detail as possible will Federal Building Annex assist the Federal agency(ies) in processing the application and 9109 Mendenhall Mall Road, Suite 5 reaching a decision. When completing these items, you should use a Juneau, Alaska 99802 sound judgment in furnishing relevant information. For example, if the Telephone: (907) 586-7177 project is not near a stream or other body of water, do not address this subject. The responsible agency will provide additional instructions. Department of the Interior Bureau of Land Management Application must be signed by the applicant or applicant's authorized 222 West 7th Avenue representative. P.O. Box 13 Anchorage, Alaska 99513-7599 EFFECT OF NOT PROVIDING INFORMATION: Disclosure of the Telephone: (907) 271-5477 (or a local BLM Office) information is voluntary. If all the information is not provided, the application may be rejected. U.S. Fish & Wildlife Service (FWS) National Park Service (NPA) Office of the Regional Director Alaska Regional Office, 2225 DATA COLLECTION STATEMENT 1011 East Tudor Road Gambell St., Rm. 107 Anchorage, Alaska 99503 Anchorage, Alaska 99502-2892 The Federal agencies collect this information from applicants requesting Telephone: (907) 786-3440 Telephone: (907) 786-3440 right-of-way, permit, license, lease, or certification for the use of Federal lands. The Federal agencies use this information to evaluate the Note - Filings with any Interior agency may be filed with any office noted applicant's proposal. The public is obligated to submit this form if they wish above or with the Office of the Secretary of the Interior, Regional to obtain permission to use Federal lands. Environmental Office, P.O. Box 120, 1675 C Street, Anchorage, Alaska 9513. STANDARD FORM 299 (REV. 5/2009) PAGE 3 SUPPLEMENTAL CHECK APPROPRIATE NOTE: The responsible agency(ies) will provide instructions BLO K I - PRIVATE CORPORATIONS ATTACHED FILED* a. Articles of Incorporation 111 L b. Corporation Bylaws LII C. A certification from the State showing the corporation is in good standing and is entitled to operate within the State d Copy of resolution authorizing filing LI e. The name and address of each shareholder owning 3 percent or more of the shares, together with the number and percentage of any class of voting shares of the entity which such shareholder is authorized to vote and the name and address of each affiliate of the entity together with, in the case of an affiliate controlled by the entity, the number of E L shares and the percentage of any class of voting stock of that affiliate owned, directly or indirectly, by that entity, and in the case of an affiliate which controls that entity, the number of shares and the percentage of any class of voting stock of that entity owned, directly or indirectly, by the affiliate. f. If application is for an oil or gas pipeline, describe any related right- of-way or temporary use permit applications, L and identify previous applications. g. If application is for an oil and gas pipeline, identify all Federal lands by agency impacted by proposal. NI T II - PUBLIC CORPORATIONS a. Copy of law forming corporation LI b. Proof of organization LI III c. Copy of Bylaws 0 El d. Copy of resolution authorizing filing LI LII e. If application is for an oil or gas pipeline, provide information required by item "I - f' and "I - g" above. . LI III - PARTNERSHIP OR OTHER UNINCORPORATED ENTITY a. Articles of association, if any I 1 El b. If one partner is authorized to sign, resolution authorizing action is c. Name and address of each participant, partner, association, or other d, If application is for an oil or gas pipeline, provide information required by item "I - f" and "I - g" above. LII Li *If the required information is already filed with the agency processing this application and is current, check block entitled "Filed." Provide the file identification information (e.g., number, date, code, name). If not on file or current, attach the requested information. STANDARD FORM 299 (REV. 5/2009) PAGE 4 NOTICES Note: This applies to the Department of Agriculture/Forest Service (FS) This information is needed by the Forest Service to evaluate the requests to use National Forest System lands and manage those lands to protect natural resources, administer the use, and ensure public health and safety. This information is required to obtain or retain a benefit. The authority for that requirement is provided by the Organic Act of 1897 and the Federal Land Policy and Management Act of 1976, which authorize the secretary of Agriculture to promulgate rules and regulations for authorizing and managing National Forest System lands. These statutes, along with the Term Permit Act, National Forest Ski Area Permit Act, Granger-Thye Act, Mineral Leasing Act, Alaska Term Permit Act, Act of September 3, 1954, Wilderness Act, National Forest Roads and Trails Act, Act of November 16, 1973, Archeological Resources Protection Act, and Alaska National Interest Lands Conservation Act, authorize the Secretary of Agriculture to issue authorizations or the use and occupancy of National Forest System lands. The Secretary of Agriculture's regulations at 36 CFR Part 251, Subpart B, establish procedures for issuing those authorizations. BURDEN AND NONDISCRIMINATION STATEMENTS According to the Paperwork Reduction Act of 1995, an agency may not conduct or sponsor, and a person is not required to respond to a collection of information unless it displays a valid OMB control number. The valid OMB control number for this information collection is 0596-0082. The time required to complete this information collection is estimated to average 8 hours hours per response, including the time for reviewing instructions, searching existing data sources, gathering and maintaining the data needed, and completing and reviewing the collection of information. The U.S. Department of Agriculture (USDA) prohibits discrimination in all its programs and activities on the basis of race, color, national origin, age, disability, and where applicable, sex, marital status, familial status, parental status, religion, sexual orientation, genetic information, political beliefs, reprisal, or because all or part of an individual's income is derived from any public assistance. (Not all prohibited bases apply to all programs.) Persons with disabilities who require alternative means for communication of program information (Braille, large print, audiotape, etc.) should contact USDA's TARGET Center at 202-720- 2600 (voice and TDD). To file a complaint of discrimination, write USDA, Director, Office of Civil Rights, 1400 Independence Avenue, SW, Washington, DC 20250-9410 or call toll free (866) 632-9992 (voice). TDD users can contact USDA through local relay or the Federal relay at (800) 877-8339 (TDD) or (866) 377-8642 (relay voice). USDA is an equal opportunity provider and employer. The Privacy Act of 1974 (5 U.S.C. 552a) and the Freedom of Information Act (5 U.S.C. 552) govern the confidentiality to be provided for information received by the Forest Service. STANDARD FORM 299 (REV. 5/2009) PAGE 5 Unofficial Document Twice a f( ce WHEN RECORDED RETURN TO: Maricopa County Department of Transportation Public Works Lands and Right-of-Way Division 2901 West Durango Street 1 OF 1 Phoenix, Arizona 85009 ZJILLI .1 I Project No: 68840 Item No: X-0297 LS Estrella Roadway, Ph II (Reems Rd to Lake Pleasant Rd) UNITED STATE DEPARTMENT OF THE INTERIOR BUREAU OF LAND MANAGEMENT RIGHT-OF-WAY GRANT/TEMPORARY USE PERMIT CAPTION HEADING: RIGHT-OF-WAY FOR CONSTRUCTION, OPERATE, MAINTAIN, AND TERMINATE A SIX-LANE ROAD SERIAL NUMBER: AZA-31224 DO NOT REMOVE THIS IS PART OF THE OFFICIAL DOCUMENT 20030196386 FORM 2800-14 Issuing Office (August 1985) Phoenix Field Office UNITED STATES DEPARTMENT OF THE INTERIOR BUREAU OF LAND MANAGEMENT RIGHT-OF-WAY GRANT/TEMPORARY USE PERMIT SERIAL NUMBER AZA-31224 ( LS ) 1. A right-of-way is hereby granted pursuant to Title V of the Federal Land Policy and Management Act of October 21, 1976 (90 Stat. 2776; 43 U.S.C. 1761). 2. Nature of Interest: By this instrument, the holder: Maricopa County Department of Transportation 2901 West Durango Street Phoenix, Arizona 85009 receives a right to construct, operate, maintakvanipurminate a six-lane road, on the public lands described as follows: T. 4 N., R. 1 E., G&SR Meridian, Arizona, sec 6, NEVISEV$SW1/4 (See attached legal description and map from Maricopa County DOT). b. The right-of-way granted herein is 360.03 feet wide, 674.55 feet long and contains 5.57 acres, more or less. c. This instrument is issued in perpetuity, unless, prior thereto, it is relinquished, abandoned, terminated, or modified pursuant to the terms and conditions of this instrument or any applicable federal law or regulation. d. Notwithstanding the 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 assignees, until they have filly satisfied the obligations and/or liabilities accruing herein before or on account of the prior termination, of the grant. 3. Rental: This is a non-paying right-of-way grant. 20030196386 4. Terms and Conditions: a. 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. b. Upon grant termination by the authorized officer, all improvements shall be removed from the public lands within 90 days, or otherwise disposed of as provided in paragraph (4)(d) or as directed by the authorized officer. c, The stipulations, plans, maps, or designs set forth in Exhibits A and B, dated September 12, 2002, 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. d. 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. e. The bolder 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 or permit. ACCEPTED; MARICOPA COUNTY BOAIO OF SUPERVISORS''''' //fAl*414— (Signature of Holder) ignature of Authorized Officer) Chairman of the Board kr- Fell At (Title) (Title) )01 (Date) (Effective Date of Grant) ATTEST: of the Board of S pervisors 20030196386 September 12, 2002 Page 1 of 1 AZA-31224 EXHIBIT A RIGHT-OF-WAY STIPULATIONS 1. The holder shall construct, operate, and maintain the facilities, improvements, and structures within the right-of-way in conformity with the six engineering sheets submitted by the holder on August 19, 2002. Any relocation, additional construction, or use that is not in accord with these drawings shall not be initiated without the prior written approval of the authorized officer. 2. Any cultural and/or paleontological resource (historic or prehistoric site or object) discovered by the holder, or any person working on his behalf, on public or federal land shall be immediately reported to the authorized officer. Holder shall suspend all operations in the immediate area of such discovery until written authorization to proceed is issued by the authorized officer. An evaluation of the discovery will be made by the authorized officer to determine appropriate actions to prevent the loss of significant cultural or scientific values. The holder will be responsible for the cost of evaluation and any decision as to proper mitigation measures will be made by the authorized officer after consulting with the holder. Unufficial Document M -latiemr :;111,197 I : "dr infra 1 21. 5 E 111/1--\ MAP SEC._ R NM= riMigr".1 201, N. f/4. 4 IMMINramrarow mimfre•••• mar rwentremen• mon plow SOMME Itst ST.K. ..Vifrares 471alerr2.. -0 tgas SW of :.e .4 5 E -7r12,A SEC. RI 41110 1/4. 4N. D 2002 CRAM SW T C"' 12, s cz,PA 13 EXHIBIT SiiptImber r-.41n. my=0 maw mAret Kam. ANFIftim..i.U.P.mimm, polinerraw..01.m. ersrurcadra.W .W.Worgar,WWWw. Sr ir loo...• z•rx.E. 1.mir,fr Sra-p,e 1 awr. NAM nor. W-Iim ommr .1.0.10.101= vac. pomp. ME.fta 01•1•11•Wala. all••••••11,INFM.111FAMIZNII,XLMIAN-Mr aMINI 4WI.W.MWAWMO,171111.41MOFILV. •~ maw 101=4 auk., 0.. YE. Wm. 14111.1. /0.1.6.• rr.O. 11.1elArg1.1.0.Clig =I Cr.- 110~-or -A-....rstas I twar.or Agron.. mr &rel.', wari• AMWAY orirrY a-Kr le•••••,ffl • O.2 • • 20030196386 AZA-31224 September 1Z 2002 T. 4 N., R. 1 E. EXHIBIT B Page 3 of 3