Appendix 4-A - Virginia Department of Conservation and Recreation ...

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of, structures on, or activities on such land or premises to any person entering on the land or premises for such purposes, except as provided in subsection D. The provisions of this subsection apply without regard to whether the landowner has given permission to a person to use their land for recreational purposes. C. Any landowner who gives permission, express or implied, to another person to hunt, fish, launch and retrieve boats, swim, ride, foxhunt, trap, camp, hike, bicycle, rock climb, hang glide, skydive, sightsee, engage in races, to collect, gather, cut or remove forest products upon land or premises for the personal use of such person, or for the use of an easement or license as set forth in subsection B does not thereby: 1. Impliedly or expressly represent that the premises are safe for such purposes; or 2. Constitute the person to whom such permission has been granted an invitee or licensee to whom a duty of care is owed; or 3. Assume responsibility for or incur liability for any intentional or negligent acts of such person or any other person, except as provided in subsection D. D. Nothing contained in this section, except as provided in subsection E, shall limit the liability of a landowner which may otherwise arise or exist by reason of his gross negligence or willful or malicious failure to guard or warn against a dangerous condition, use, structure, or activity. The provisions of this section shall not limit the liability of a landowner which may otherwise arise or exist when the landowner receives a fee for use of the premises or to engage in any activity described in subsections B and C. Nothing contained in this section shall relieve any sponsor or operator of any sporting event or competition including but not limited to a race or triathlon of the duty to exercise ordinary care in such events. Nothing contained in this section shall limit the liability of an owner of a low-head dam who fails to implement safety measures described in subsection F. E. For purposes of this section, whenever any person enters into an agreement with, or grants an easement or license to, the Commonwealth or any agency thereof, any locality, any not-for-profit organization granted tax-exempt status under § 501(c)(3) of the Internal Revenue Code, or any local or regional authority created by law for public park, historic site or recreational purposes, concerning the use of, or access over, his land by the public for any of the purposes enumerated in subsections B and C, the government, agency locality, not-forprofit organization, or authority with which the agreement is made shall indemnify and hold the landowner harmless from all liability and be responsible for providing, or for paying the cost of, all reasonable legal services required by any person entitled to the benefit of this section as the result of a claim or suit attempting to impose liability. Any action against the Commonwealth, or any agency thereof, for negligence arising out of a use of land or railroad rights-of- 2
way covered by this section shall be subject to the provisions of the Virginia Tort Claims Act (§ 8.01-195.1 et seq.). Any provisions in a lease or other agreement which purports to waive the benefits of this section shall be invalid, and any action against any county, city, town, or local or regional authority shall be subject to the provisions of § 15.2-1809, where applicable. F. Any owner of a low-head dam may mark the areas above and below the dam and on the banks immediately adjacent to the dam with signs and buoys of a design and content, in accordance with the regulations of the Board, to warn the swimming, fishing, and boating public of the hazards posed by the dam. Any owner of a low-head dam who marks a low-head dam in accordance with this subsection shall be deemed to have met the duty of care for warning the public of the hazards posed by the dam. Any owner of a low-head dam who fails to mark a low-head dam in accordance with this subsection shall be presumed not to have met the duty of care for warning the public of the hazards posed by the dam. (Code 1950, §§ 8-654.2, 29-130.2; 1962, c. 545; 1964, c. 435; 1977, c. 624; 1979, c. 276; 1980, c. 560; 1982, c. 29; 1983, c. 283; 1987, c. 488; 1988, c. 191; 1989, cc. 26, 500, 505; 1990, cc. 799, 808; 1991, c. 305; 1992, c. 285; 1994, c. 544; 2007, c. 664; 2010, c. 43.) 3
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Appendix 4-A • Trail Construction
Page 4 and 5:
Term Definition INDEPENDENT CORRIDO
Page 6 and 7:
Term Definition NATURAL & ENVIRONME
Page 9 and 10:
Exempted from recordation taxes und
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for passive and active recreation a
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TRAIL EASEMENT (Courtesy of Fairfax
Page 22 and 23: disturbed by the removal of the imp
Page 25: Appendix 4-C • Rail-with-Trail Pr
Page 28 and 29: CHARLES M. BADGER, P.E. Director Th
Page 30 and 31: Purpose and Need HB 2088 Report Exe
Page 32 and 33: 1.4 Recreational Access and Railroa
Page 34 and 35: HB 2088 Report Figure 2-1: Steps in
Page 36 and 37: 2.1.4 Implementation Plans Implemen
Page 38 and 39: 2.2.2 Process for Considering Rails
Page 40 and 41: Virginia’s Landowner Liability La
Page 43: Environmental Screening Forms Examp
Page 46 and 47: Virginia Department of Game and Inl
Page 48 and 49: B. MANDATORY CRITERIA If your LWCF
Page 50 and 51: Environmental Requirements for Stat
Page 52 and 53: EQ-555 Checklist conditions by an a
Page 55 and 56: VIRGINIA DEPARTMENT OF TRANSPORTATI
Page 57 and 58: VDOT Preliminary Environmental Scre
Page 59: Scenic resources Resource Informati
Page 63 and 64: Federal and State Laws Relating to
Page 65 and 66: acquisition of lands and waters for
Page 67 and 68: of this Act directs federal agencie
Page 69: Duty of Care (Liability Law) Found
Page 73 and 74: maintained to insure against such n
Page 75 and 76: § 8.01-195.6. Notice of claim. A.
Page 77: Appendix 4-F • Construction Perso
Page 81: Appendix 4-G • Permitting Agency
Page 84 and 85: Water Permits and Compliance (804)
Page 87: Appendix 4-H • Sample Invitation
Page 91: Appendix 4-I • Iin-Field Soil Tes
Page 95: Appendix 4-J • Slope Equations
Page 99: Appendix 4-K • Trail Type Decisio
Page 103: Appendix 4-L • Trail Surface Deci
Page 107: Appendix 4-M • Typical Constructi
Page 128 and 129:
NOT FOR CONSTRUCTION!!!
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Tool Name Picture Used to: Brushing
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Tool Name Picture Used to: Heavy Co
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Typical Costs for Trail & Path Cons
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ITEM ESTIMATED COST UNIT COMMENTS S
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Appendix 5-A • Sample Trail Inspe
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Trail Name: Trail Start: Trail End:
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Explanation of Trail Assessment Fie
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EAST COAST GREENWAY TRAIL INSPECTIO
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5. Please indicate if you encounter
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Structure Categories 1. Complex Tra
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Appendix 5-B • Sample Maintenance
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Maintenance Activity How often is i
Page 164 and 165:
Activity July August September Tota
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Typical Trail Maintenance and Opera
Page 170 and 171:
The following was submitted for the
Page 172 and 173:
The following budget was submitted
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Appendix 4-A - Virginia Department of Conservation and Recreation ...

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