FSH 2709.12 - ROAD RIGHTS-OF-WAY GRANTS HANDBOOK 5/87 WO AMENDMENT 3 21.22 - Stipulation. Use the format shown in exhibit 1. Condition Number 5 of the Easement Deed provides for entering into a written stipulation with the State before the start of construction. The stipulation is intended to cover general construction requirements, specific individual project needs, and such items as essential access points, and relocation of structures or other improvements affected by the proposed highway project. These points require prior agreement between the Regional Forester and the State, but their inclusion as conditions in the Highway Easement Deed would clutter the transfer document unnecessarily. Note that it is most desirable, through early coordination and planning of the highway project, to incorporate as many provisions as possible into the construction plans. This limits the stipulation to the minimum number of provisions needed to provide for those items that the final plan-in-hand inspection, before the granting of consent, shows have not been included in the construction plans for the Regional Forester's approval. Include in the stipulation to be executed by the State only those provisions that apply to the particular project and that have not been provided for adequately in the approved construction plans. Use certain provisions as printed and others with minor additions or modification to suit the particular project. Occasionally, the Regional Forester may deem a separate stipulation unnecessary, and it may be omitted. All changes in, or additions to, the provisions must receive the Washington Office, Director of Lands' approval, except as specifically noted. The sample provisions cover almost every situation. Comments on each of the provisions shown in exhibit 1 follow: 1. Provision 1a. This provision applies to most projects; use it without change. 2. Provision 1b. Use as written whenever there is timber, young growth, or debris disposal within the right-of-way. 3. Provision 1c. The plan prepared under this provision may remove the necessity of including provisions 1d(2) and (3). 4. Provisions 1d(2), (3). In the blank space provided, insert the plan location of the channel change or changes. Expand as necessary to include all channel changes. 5. Provisions 1d(4), (5). Expand as necessary to include all points where slope and channel protection are needed. If already provided for on approved plans, the item may be omitted from the stipulation. This applies in every case where the plans adequately provide for the item. Delete the inapplicable phrase in Item ld(5). 6. Provision 2. If no live streams are within or affected by the project, eliminate most of the subpara- graphs. Subparagraph h applies to known game crossings. Provide for any streams that develop after construction under the provisions of Condition 8 of the Highway Easement Deed. Complete blank spaces as indicated. 7. Provision 3. This provision applies to most projects. 8. Provision 4. Use this provision when existing highways are to be reconstructed or relocated and the need for certain segments of the former right-of-way for highway purposes is no longer present. The Forest Supervisor shall insist that the Grantee shall restore the abandoned sections to their natural state and revegetated. The Grantee shall incorporate the restoration of the abandoned sections into the construction plans, or prepare separate plans and specifications as an addendum to the stipulation. If the abandoned sections are on National Forest or other lands administered by the Forest Service, located outside the new right-of-way, a supplement or addendum to the plans is necessary. 9. Provision 5. This provision identifies the location of the required access facilities. Supplemental plans and specifications, approved by the Regional Forester, would be an additional requirement under this provision. 10. Provision 6. This provision is similar to Provision 5, except that this provision provides for replacement or repair of existing improvements. 11. Provision 7. Use this provision when applicable, but with reasonable discretion. 12. Provision 8. Specify height of dike, on which side of road it is required, and the stationing where located. 13. Provision 9. Under 9a are listed typical signing requirements in connection with construction of primary and secondary highways, and under 9b typical signing requirements in connection with interstate highways. Direct any questions regarding signing requirements to the Washington Office Engineering Staff. 14. Provision 10. Include this provision in all stipulations unless right-of-way monumentation is shown on the approved construction plans. When the State has a standard marker for permanently monumenting its highway rights-of-way, it can use such marker in its compliance with this provision. The Washington Office Engineering Staff can provide the specifications for a permanent marker when the State does not have such a standard. For compliance with this provision, the State is not required to establish on the ground section corners that have been computed and plotted only on protraction diagrams and that official surveys have not established on the ground. The Regional Forester may waive the requirement for monumenting right-of-way intersections with section lines that are not property lines, when the purpose would not justify the cost of the work. 15. Provision 1l. Always include this provision when any land monument, property corner, or witness marker lies within or near the right-of-way limits. Exhibit 1 STIPULATION This Stipulation, made this day of , 19 , by and between the , hereinafter referred to as the State, and the Forest Service, United States Department of Agriculture, acting herein by and through the Regional Forester, hereinafter referred to as the Regional Forester. WHEREAS, the State is engaged in the laying out, construction, operation, and maintenance of a public highway designated as (Identification of highway project) , which traverses lands of the United States in the State of , County of , administered by the Forest Service, and WHEREAS, the State and the Regional Forester desire to cooperate in the development and construction of a highway that will protect adequately and afford adequate utilization of the lands of the United States traversed by the highway for the purposes for which the lands are being administered. NOW, THEREFORE, supplementary to the terms and conditions of the highway easement deed between the United States, acting through the Department of Transportation, Federal Highway Administration, and the State, the parties hereto agree to carry out the following provisions during the construction stage: (Construction stage is to begin when construction activities commence on lands administered by the Forest Service and end when the Regional Forester and the State mutually agree that any work done thereafter will be considered as maintenance, EXCEPT, that the Regional Forester reserves the right to reinstate the provisions of this stipulation if the State subsequently submits plans for reconstruction or alteration of the highway). Exhibit 1--Continued The State shall: 1. Before any clearing of the right-of-way or construction of the highway commences: a. Prepare, in cooperation with the Regional Forester, a fire protection plan that sets forth in detail the fire prevention, presuppression, and suppression measures that will be taken by the Grantee, its employees, contractors, and subcontractors, and their employees in all operations during the construction stage. The fire plan shall be made available to all bidders prior to letting contract and the Grantee shall cause its contractors to comply with all provisions of the fire plan and of all burning permits issued for disposal of flammable materials. b. Prepare, in cooperation with the Regional Forester, a clearing plan that sets forth in detail the procedures and standards that will apply to (1) all clearing and disposal of merchantable timber and young growth in the right-of-way and (2) debris disposals, including debris removal from all streams. Such plan shall include provision for payment by the Grantee or its contractors for the merchantable timber on lands of the United States to be cut, used, or destroyed in the construction of the highway or in clearing of said right-of-way. Payment for merchantable timber shall be at appraised value as determined by the Regional Forester: Provided, That the Regional Forester may dispose of the merchantable timber to other than the Grantee or its contractors at no stumpage cost to the Grantee or its contractors. Exhibit 1--Continued c. Prepare, in cooperation with the Regional Forester, a landscape and erosion control plan with the objective of protecting, restoring, or enhancing the roadside landscape, protecting soil, and protecting or reestablishing vegetative cover. Such plan shall, when appropriate, provide for vegetating cuts, fills, and other areas damaged as a result of highway construction; maintenance or operation; and for terraces, drainage, waste disposal areas, soil replacement, and other related requirements necessary to achieve the objective. d. Prepare, as deemed necessary by the Regional Forester, plans and specifications to be approved by the Regional Forester for: (Plans and specifications so required will become a part of this stipulation.) (1) Prevention of siltation of rivers and streams in connection with gravel washing operations. (2) Mitigating losses to natural fish habitat caused by channel change between Station and Station . (3) The channel change between Station and Station , showing cross-section dimensions, alinement with established streambed, and proposed measures for prevention of erosion of channel sides and bottom. (4) Slope and channel protection measures between Station and Station for prevention of erosion of streambed and banks affected by the highway construction. Exhibit 1--Continued (5) Protection from erosion or channel degradation at Station where water is (concentrated into)(discharged from) culvert. 2. Comply with the following recommendations of the State Fish and Game Department and Forest Service for wildlife and fish management: a. Take all necessary precautions to avoid damage to fish habitat and exercise every reasonable precaution to prevent muddying or silting live streams. For the purpose of these stipulations (Names of streams) shall be considered live streams. b. Not deposit material removed from the roadway or channel changes in live streams or into the streams or stream channel where it would be washed away by high stream flows. c. Not haul materials, including logs, brush, and debris by fording live streams, but shall provide temporary bridges or other structures for this purpose. d. Not operate mechanized equipment in live streams, except as may be required to construct bridges, retaining walls, or channel changes as stipulated. e. Not allow oil or greasy substances originating from construction operations to enter or be placed where they may later enter a live stream. f. Comply with provisions of Sections and of the State Fish and Game Code and other applicable statutes relating to pollution prevention or abatement. Exhibit 1--Continued g. Not remove gravel from the bed of , an important spawning stream, during the period from to . h. (Post warning signs to motorists)(Erect big game barrier fence)(Install concave reflecting mirrors along shoulder of road) at big game crossings between Station and Station . 3. Dispose of waste material resulting from slides during and after construction and surplus material at locations approved by the Forest Supervisor. A plan showing the proposed method of disposal shall be submitted by the Grantee at the time approval is requested. 4. Treat sections of existing road, to be abandoned as a result of the proposed new construction, as designated by the Forest Supervisor, to restore them to their natural state. The necessary treatment shall be determined during a joint review between the Forest Service and the State and may include ripping of roadbed, removal of drainage structure, and opening drainage channels. Plans and specifications as mutually deemed appropriate to accomplish the objective shall become a part of this stipulation. 5. Build suitable access structures, grade separations, and/or connecting roads to standards that conform with the approved plans and specifications at the following locations: (Specify all points of access, grade separation, connecting roads, and locations necessary to provide access to or across the highway from: Exhibit 1--Continued (1) Any existing or planned National Forest development (or other Forest Service controlled road) intersected or blocked by the right-of-way and (2) Any existing improvement or development of the United States or its permittees, such as campgrounds and picnic grounds, summer homes, hotels and resorts, and Government stations.) 6. Repair or replace buildings, roads, trails, or other United States-owned improvements that are damaged or destroyed in the exercise of the rights granted herein at locations designated by and in accordance with plans and specifications approved by the Regional Forester as follows: (List each building or improvement and describe each road or trail by section and length.) 7. Install locked gates or removable panels in the right- of-way fences with suitable driveways thereto at locations requested by the Regional Forester to provide access for firefighting as follows: (Specify the number and location of gates or panels and necessary driveways and tie in with road specifications and stations.) 8. Provide dike of asphaltic concrete or equivalent material to prevent off-roadway parking on the side, as necessary, from approximate Station to . 9. Provide standard highway signs to identify the following locations: Exhibit 1--Continued (The following are sample wordings for various signing situations and are not intended to limit the signing to only these situations.) a. Primary and Secondary Highways (1) Two approach signs for Liberty Point Overlook at approximate Stations . (2) Cabbage Patch Road at approximate Station . (3) Two approach signs for large roadside Interpretive Sign "Old Oregon Trail Crossing," one each at Station and Station . (This to be used where pulloff lane has been constructed to permit cars to pull off and read sign.) (4) Two "Caution - SKIERS" signs, one each at Station and Station for Crystal Mountain Ski Area entrance. (5) Caution Signs, "Deer Crossing" at Station and Station . (6) Two warning signs and pavement cross-hatching for Madison Earthquake Vista point. One each at Station and Station with 4" white lines at right angles to traffic 6" apart between the above stations or the equivalent safety device in the opinion of the State Highway Engineer. b. Interstate Highways Exhibit 1--Continued (1) Near National Forest boundary at Station . TAHOE NATIONAL FOREST Exist 3, 5, and 7. (2) Near National Grassland boundary at Station . BUFFALO GAP NATIONAL GRASSLAND Exit 4. (3) At end of the off-ramp for Exit 3, NATIONAL FOREST RANGER STATION 2 miles. (4) At end of the off-ramp for Exit 5, NATIONAL FOREST CAMPGROUND 3 miles. 10. Permanently monument the right-of-way in accordance with State requirements for such right-of-way before completing construction, but in any event, the minimum requirements shall be to place permanent monuments at the intersection of right-of-way with all property lines, section lines, and at intervals of not more than 1,000 feet along the right- of-way limits. 11. Reestablish or restore public land monuments disturbed or destroyed by construction, reconstruction, or maintenance according to instructions of the Bureau of Land Management, Department of the Interior. Other land monuments and property corners or witness markers shall not be damaged, destroyed, or obliterated without the prior permission of the Regional Forester and shall be relocated or reestablished in accordance with standards satisfactory to the Regional Forester. IN WITNESS WHEREOF, the parties hereto have caused this Stipulation to be executed on the day and year first above written. By Title Regional Forester United States Forest Service