HomeMy WebLinkAboutResolution No. R22-09RESOLUTION NO. R22-09
A RESOLUTION OF THE CITY COUNCIL AUTHORIZING THE MAYOR TO
SIGN AN AMENDMENT TO REISSUE #2 FOR LAND USE LICENSE NO. 6202 BY
AND BETWEEN THE CITY OF LAUREL AND THE STATE OF MONTANA,
DEPARTMENT OF NATURAL RESOURCES & CONSERVATION.
BE IT RESOLVED by the City Council of the City of Laurel, Montana,
Section 1: Approval. The Land Use License No. 6202 Amendment to Reissue #2, a
copy attached hereto and incorporated herein, is hereby approved.
Section 2: Execution. The Mayor is hereby given authority to execute the Land Use
License No. 6202 Amendment to Reissue #2 on behalf of the City.
Introduced at a regular meeting of the City Council on March 8, 2022, by Council
Member Klose.
PASSED and APPROVED by the City Council of the City of Laurel this 8' day of
March 2022.
APPROVED by the Mayor this 8s' day of March 2022.
CITY OF LAURA
( w/
ave Waggoner, May
,ATiES
Bethany Klerk-Treasurer
MA ved as to form:
�z Inc (—
Michele L. Braukmann, Civil City Attorney
R22-09 Approve Land Use License No. 6202 Amendment to Reissue #2
MONTANA DEPARTMENT OF NATURAL
RESOURCES AND CONSERVATION
LAND USE LICENSE NO. 6202
AMENDMENT TO REISSUE #2
The STATE OF MONTANA, DEPARTMENT OF NATURAL RESOURCES & CONSERVATION (hereinafter
referred to as the "Department" or "Licensor"), whose address is 1371 Rimtom Drive, Billines, MT 59105, herein
grants City of Laurel, whose address is PO Box 10, Laurel, MT 59044 (hereinafter referred to as the "Licensee"),
a Land Use License Amendment (hereinafter referred to as "amendment").
1. FILING FEE: A fee of Fifty No/ 100 Dollars ($50.00) has been paid to the Licensor prior to issuance
of this Amendment.
2. RENTAL: Beginning upon acceptance of this amendment, the Licensee agrees to pay, in advance, a
annual fee of $150.00. Payment of the first year's rental shall be due upon signature of this
amendment.
3. DURATION: This amendment shall take effect upon signature of the Area Manager and will
effectively reissue the above stated license for a term of 10 years, expiring on February 28, 2032,
unless terminated in accordance with the terms provided in the above-described License.
4. CERTIFICATION: Licensee hereby agrees that there has been no change in use, activity, or location
for which the original license was issued.
5. TERMS: Licensee hereby accepts the rights, duties, and obligations inherent in original Land Use
License No. 6202, Amendment #1, and those provided under the terms of this amendment.
This amendment is to be attached to and made part of the Land Use License. All other terms and
conditions remain in full effect.
this 8th day f Ivfar h 2022.
(Licensee/Authorized Agent)
(Printed Name and Title)
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(Department of Natural Resources & Conservation Use Only)
APPROVAL OF LICENSE
Date Approved
11ri blIKASlti iE� I•a#
The STATE OF MONTANA, DEPARTMENT OF NATURAL RESOURCES AND CONSERVATION
(hereinafter referred to as the "Department" or "Licensor"), whose address is 1371 Rimtop Drive,
Billings, MT 59105, herein grants the City of Laurel, PO Box 30, Laurel, MT 59044 (hereinafter
referred to as "Licensee"), a LAND USE LICENSE (hereinafter referred to as "LUL" or "License") to
obtain the following -described rights for a limited term in the following -described lands, subject to
all of the terms and conditions hereof.
1. LEGAL DESCRIPTION
A Tract of land described as follows: a portion of land in the riverbed of the
Yellowstone River located in the NXNK of Section 22 and the S%SX of Section 15, Township 2
South, Range 24 East In Yellowstone County (see Exhibit C) and an Island In the Yellowstone
River located in the SWY.SW% of Section 15, SEYSEY. of Section 16, NEY.NEX of Section 21 and
NWtiNWA of Section 22 Township 2 South, Range 24 East in Yellowstone County (see Exhibit 8).
2, FILING FEE
A fee of Twenty-five and No/100 Dollars ($25.00) has been paid to the Licensor
prior to issuance of this Land Use License.
3. RENTAL
Beginning upon acceptance of this License, and for the term of this License, the
Licensee agrees to pay, in advance, an annual fee of One Hundred Fifty and No/100 Dollars
($150.00).
4. DURATION
This License shall take effect upon signature of the Southern Land Office Area
Manager and remain in full force and effect up to and including 28 February 2022, unless
terminated in accordance with Section 13 of this License.
5. LLCENSED ACTIVITY
The purpose of this Land Use License Is to authorize:
a) the construction of an 8' wide by±7W long temporary diversion ditch on a
state-owned Island on the north side of the Yellowstone River. (see Exhibit 8)
b) the one-time removal of up to 5,500 cubic yards of river sediment, gravel and
cobble material from a state-owned Island that is generally located below the
Highway 212 and BNSF railroad bridges and then west of the railroad bridge
approximately 100'. In the sediment removal area, Licensee shall leave at least
18-24" of material above the water surface. (see Exhibit C)
c) placement of fill on approximately 700 square feet of the bed of the
Yellowstone River In conjunction with the reconstruction and stabilization of
approximately 715 lineal feet of bank along the south side of the Yellowstone
River, Including the placement of rlprap along the bank. (see Exhibit C)
Land Use License No. 6202
Page 2 of 7
6. RECLAMATION Of THE LAND
The Licensee shall take all reasonable precautions to prevent or minimize damage
to natural (i.e,, vegetation, soil, water, wildlife), and cultural resources within the areas of the Land
Use License. Upon cancellation of this License by either party to this agreement, or upon final
expiration of agreement, the Licensee shall reclaim the area to the specifications of the Licensor.
Such reclamation shall include, but not be limited to the elimination of all trace of disturbances,
compaction, and movement of construction equipment. Licensee shall be required to reseed all
disturbed areas with native species of grasses, unless other arrangements are agreed upon
between the Licensor and the Licensee in writing. When any action requires disturbance, all soil
materials shall be salvaged, safeguarded from loss due to wind or water erosion or machinery
activity, and shall be replaced on all disturbed areas.
MAINTENANCE REPAIRS. AND UTILITIES. The Licensee shall, when applicable:
• Pay all permits and Inspection fees imposed by governmental authorities.
• Quit and surrender the Premises in the same order and condition as it was prior
to acceptance of this license.
• The Licensee will maintain the area within the License Ina neat and orderly
manner and will allow no waste or debris to accumulate thereon -
a. WEATHER CONDITIONS
The Licensor reserves the right to restrict or preclude any surface activity during
periods of adverse weather and other conditions whlch may contribute to accelerated erosion, fire
hazard, disruption of seasonal wildlife, or any other condition which In the opinion of the
Department may have an adverse effect on Trust land. Prior to commencing permitted activities,
the Licensee will contact the Southern Land Office at (406) 247.4400.
9. NOXIOUS WEEDS
The Licensee shall be responsible for controlling any noxious weeds Introduced by
Licensee's activity on state-owned land. The Licensee's methods of control must be reviewed and
approved by the Department of Natural Resources and Conservation Southern Land Office. The
Licensee shall comply with the Montana county Noxious Weed Management Act, Section 7.22-
2101, MCA et. seq., as follows:
The Licensee shall notify the local weed board that is responsible for that
geographical area in which the project is located. If the Licensee disturbs vegetation for any
reason, Licensee shall be required to revegetate the disturbed area. The Licensee shall submit to
the local weed board a written plan specifying the methods to be used to accomplish revegetation.
The plan must describe the time and method of seeding: fertilization, recommended plant species,
use of weed -free seed, and the weed management procedures to be used. This plan is subject to
approval by the local weed board, and therefore must be signed by the chairman of the board.
Land Use License No. 6202
Page 3 of 7
Failure to abide by these provisions may result in the cancellation of the License.
10. LIABILITIES
The Licensee agrees to assume responsibility for all claims and lawsuits that may
result from any and all damages, injury or death to persons and/or property that occur upon or
about said land caused by or arising out of Licensee's use of the subject area hereunder. The
Licensee further agrees that they will be responsible for any damage caused when entering,
crossing or leaving state-owned subject land.
11. LIMITATION OF AUTHORITY
Other than for the purposes specifically described in this agreement, the Licensee
agrees that it does not, and shall not claim at any time any interests or estate of any kind or extent
whatsoever in the premise by virtue of this License or their occupancy or use hereunder.
12. SPECIAL STIPULATIONS
a) Licensee shall contact the DNRC Southern Land Office at least 48 hours prior to
commencement of work on the project at any time during the term of the
License. The contact at the SLO is: Jeff Bollman, Area Planner,
Lbollmanprm.gov or 406-247.4404 (office) or 406-670.4642 (cell).
b) Licensee is required to obtain written permission from Licensor prior to
commencing any work associated with temporary diversion ditch listed in
Section 5 Licensed Activity. Licensor is not obligated to allow construction of
diversion ditch in subsequent year(s) if Licensor determines the action Is not in
the best interest of the State. Licensee must obtain written permission from
Licensor each year the temporary diversion ditch activity is proposed.
c) All in -river work shall be completed in an expeditious manner to avoid
unnecessary Impacts to the river.
d) All activities performed in the river and immediate vicinity shall be conducted
in a manner to reduce turbidity along with minimizing disturbances to the
riverbed and riverbank.
e) To prevent leaks of petroleum products into the river, no defective equipment
shall be operated in the river or adjacent areas.
f) All necessary permits shall be secured before any activities begin.
g) In the sediment removal area shown on Exhibit C, the Licensee shall leave at
least 18-24" of material above the water surface.
h) Licensee recognizes that the Licensor's allowance to place fill encroaching on
the navigable riverbed for bank stabilization does not waive or subordinate
any of the Licensors property rights or mineral rights to the stream bed.
I) Licensee is responsible for any additional permits or requirements from any
other affected regulatory agency.
Land Use License No. 6202
Page 4 of 7
J) The cobble/gravel removed from the island for the diversion ditch and
sediment removal may not be sold or used outside of the river. It shall be
disposed of at the "Sediment Disposal Site" identified on attached Exhibit A.
k) The Licensee shall comply with all public laws, statutes, ordinances, and
administrative rules which are applicable to its operations upon the above-
described lands. In no event shall the Licensee conduct any activity, or allow
any activity to be conducted, upon the above-described lands or within the
Project which Is: a nuisance; violative of public health, safety, welfare; or is
offensive to prevailing community standards concerning morality or obscenity.
The Licensee shall be fully and completely liable to, and Indemnify, defend,
and hold harmless, the Licensor for any and all damages and clean up costs
and penalties imposed by any governmental authority with respect to
Licensee's use, disposal, transportation, generation, or sale of Hazardous
Substances, In or about the above-described lands.
13. TERMINATION Of LAND USE LICENSE
The Licensor reserves the right to terminate the permission hereby granted at any
time by giving the Licensee no less than ten (10) days written notice of such termination, except
that the Licensor may terminate the permission forthwith at any time, if Licensee fails to comply
with, or abide by, each and all of the provisions hereof, or ceases to use the permission hereby
granted.
Dated this Qt' day ofrOCat 2012
x/75 sr /Z/17//Z
BY: �; `ti AA J
City of Laurel
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Printed Name and Title
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(Department of Natural Resources and Conservation Use Only)
APPROVAL OF LICENSE
BY:
Matthew Wolcott, Area Manager
Southern Land Office
/ 7 2012
Date Approved
Land Use License No. 6202
Page 5 of 7
Exhibit A —Sediment Disposal Site located in NE%NEY of Section 32-TIS-R24E
INTEAWTTEMT pPA1NAGE
SEDIMENT
DISPOSAL SITE
INT 46 42.
LONG 108,7,W
LAT. 46.42AY
LONG: 108.+7 ox
LAT 15' Q S)'
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SEDIMENT DISPOSAL SITE
��'FFY��qq 1`'pp SITE PLAN
'. ti i VveSrr 1 CITY OF LA UREL W/P:NTARE MITIGA TION PROJECT
LAUREL, MONTANA
Exhibit B — Proposed Water Intake Diversion Ditch
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SITE PLAN �i
Exhibit C— Bank Stabilization Plan with Sediment Removal Area
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Sediment
ReTR%fal Area
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CUTCOM
771
RIVERBANK STABILIZATION
HAZARD MITIGATION
SITE PLAN
MONTANA DEPARTMENT OF NATURAL RESOURCES & CONSERVATION
AMENDMENT
TO
LAND USE LICENSE NO. 6202
AMENDMENT NO.: oI
LAND USE LICENSE NO. 6202 issued to the City of Laurel, PO Box io, Laurel,
MT 59o44 for the purpose of authorizing the construction of an 8' wide by
±700' long temporary diversion ditch on a state-owned island on the north
side of the Yellowstone River (see Exhibit B); the one-time removal of up to
5,5oo cubic yards of river sediment, gravel and cobble material from a
state-owned island that is generally located below the Highway 212 and
BNSF railroad bridges and then west of the railroad bridge approximately
too'. In the sediment removal area, Licensee shall leave at least 18-24" of
material above the water surface (see Exhibit C); placement of fill on
approximately 700 square feet of the bed of the Yellowstone River in
conjunction with the reconstruction and stabilization of approximately 715
lineal feet of bank along the south side of the Yellowstone River, including
the placement of riprap along the bank (see Exhibit Q. This Land Use License
is hereby amended as follows:
Section 5. LICENSED ACTIVITY
The purpose of this Land Use License is amended to authorize:
a) the construction of an 8' wide by ±7oo' long temporary diversion
ditch on a state-owned island on the north side of the Yellowstone
River (see Exhibit B);
b) the removal of river sediment, gravel and cobble material from a state-
owned island that is generally located below the Highway 212 and
BNSF railroad bridges and then west of the railroad bridge
approximately too'. In the sediment removal area, Licensee shall leave
at least 18-24" of material above the water surface (see Exhibit C);
c) placement of fill on approximately 7oo square feet of the bed of the
Yellowstone River in conjunction with the reconstruction and
stabilization of approximately 715 lineal feet of bank along the south
side of the Yellowstone River, including the placement of riprap along
the bank (see new Exhibit D).
d) the installation during the bank stabilization project of a boat ramp
that will be owned by the Montana Department of Fish, Wildlife &
Parks (see new Exhibit D).
e) the installation and maintenance of the existing rock weir and
diversion dike that were installed as temporary emergency measures
to increase surface water levels until a permanent solution to water
intake issues are constructed.
Section 12. SPECIAL STIPULATIONS
i. Licensee shall contact the DNRC Southern Land Office at least 48 hours prior to
commencement of work on the project at any time during the term of the License.
The contact at the SLO is: Jeff Bollman, Area Planner, jbollman(a)mt.eov or 406-
247-4404
06247-4404 (office) or 4o6-670-4642 (cell).
2. Licensee is required to obtain written permission from Licensor prior to
commencing any work associated with temporary diversion ditch or removal of
gravel and cobble listed in Section 5 Licensed Activity. Licensor is not obligated
to allow construction of diversion ditch or additional gravel/cobble removal in
subsequent year(s) if Licensor determines the action is not in the best interest of
the State.
LUL #6202 Amendment #t Page i of 3
3. All in -river work shall be completed in an expeditious manner to avoid
unnecessary impacts to the river.
4. All activities performed in the river and immediate vicinity shall be conducted in
a manner to reduce turbidity along with minimizing disturbances to the riverbed
and riverbank.
8. To prevent leaks of petroleum products into the river, no defective equipment
shall be operated in the river or adjacent areas.
6. All necessary permits shall be secured before any activities begin.
7. In the sediment removal area shown on Exhibit C, the Licensee shall leave at least
18-24" of material above the water surface.
8. Licensee recognizes that the Licensor's allowance to place fill encroaching on the
navigable riverbed for bank stabilization does not waive or subordinate any of the
Licensors property rights or mineral rights to the stream bed.
9. Licensee is responsible for any additional permits or requirements from any
other affected regulatory agency.
to. The cobble/gravel removed from the island for the diversion ditch and sediment
removal may not be sold or used outside of the river. It shall be disposed of at the
"Sediment Disposal Site" identified on attached Exhibit A.
ii. The Licensee shall comply with all public laws, statutes, ordinances, and
administrative rules which are applicable to its operations upon the above-
described lands. In no event shall the Licensee conduct any activity, or allow any
activity to be conducted, upon the above-described lands or within the project
which is: a nuisance; violative of public health, safety, welfare; or is offensive to
prevailing community standards concerning morality or obscenity. The Licensee
shall be fully and completely liable to, and indemnify, defend, and hold harmless,
the Licensor for any and all damages and clean up costs and penalties imposed by
any governmental authority with respect to Licensee's use, disposal,
transportation, generation, or sale of Hazardous Substances, in or about the
above-described lands.
The addendum is to be attached to and made part of the Land Use License. All other
terms and conditions remain in full effect.
Heidi Jensen, Chief Administrative Officer Date
Citi' of Laurel
/C>'
Matthew Wolcott, Area Manager Da e
Southern Land Office
LUL #6202 Amendment #t Page 2 of 3
Exhibit D - Revised Bank Stabilization Pian with New Boat Ramp
LUL *6202 Amendment 8i Page 3 of 3