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Home My WebLink Aboutbocc.con.055.2004#55 MEMORANDUM OF UNDERSTANDING REGARDING REVIEW OF SUBDIVISION FILING PLATS, CHANGES IN LAND CLASSIFICATIONS OF NATURAL RESOURCE LANDS, AND PROPOSED CONSTRUCTION OF ROADS ACROSS NATIONAL RESOURCE LANDS AND THE ISSUANCE OF SPECIAL USE PERMITS THEREIN BETWEEN PITKIN COUNTY, COLORADO ACTING BY AND THROUGH ITS BOARD OF COUNTY COMMISSIONERS AND THE BUREAU OF LAND MANAGEMENT UNITED STATES DEPARTMENT OF THE INTERIOR The parties to this Memorandum of Understanding, made / this ~ay of ~~.~ , 1974, between Pitkin County, acting by and through its Board of County Commissioners, hereinafter referred to as the County, and the Bureau of Land Management, U.S. Department of the Interior, hereinafter referred to as the Bureau, WITNESS THAT: WHEREAS, Pitkin County contains 23,665 acres of National Resource Lands of the United States and additional areas in which minerals were reserved to the United States, both of which are administered and managed by the Bureau; and WHEREAS, changing land use resulting from the subdivision of privately owned lands for rural residential homesites or cabin sites and construction and maintenance of roads across National Resource Lands affects in varying degrees said lands and minerals administered and managed by the Bureau; and WHEREAS, there is ever increasing pressure upon the Bureau for special use permits and other functions upon or adjacent to and affecting National Resource Lands, and WHEREAS, such development, construction and uses have a direct effect on the economic, social and environmental well being of the County; and WHEREAS, under the National Environmental Policy Act of 1969, Title 42 U.S. Code Section 4332, the Bureau has a continu- ing responsibility to maintain, enhance and restore the quality of the environment; and WHEREAS, under the County's planning and zoning authority and the requirements of Colorado Senate Bill 35, the County has a continuing and increasing responsibility for proper land use throughout the County; and WHEREAS, development of rural residential homesites or cabin sites is usually dependent, among other things, on the construction of access roads and support facilities, some of which cross and/or are situate upon National Resource Lands under jurisdiction of the Bureau; and WHEREAS, the responsibilities of the County and Bureau are dependent upon such roads and facilities being adequately planned, designed, constructed and maintained, or prohibited from being so constructed in proper cases; and WHEREAS, the County and Bureau recognize the right of reasonable access to and development of private lands in accord- ance with Sound planning principals; - 2 - NOW, THEREFORE, the following is understood and agreed to by the parties hereto: That with respect to proposed subdivision filings: The County will: 1. Refer proposed subdivision filings, together with the engineering design and supporting material required under Colorado Senate Bill 35, the Pitkin County Subdivision Regulations, the Pitkin County Zoning Resolution, the 1966 Aspen Area General Plan, and other County land-use regulations to the Bureau of Land Management for evaluation of environmental impact and recommendations as soon as practicable after receipt in the County for initial review. 2. Give due consideration to the District Manager's recommendations when approval of the subdivision filings are being considered. 3. Invite the District Manager to participate in any negotiations with potential subdividers when the proposed subdi- vision is believed to have a significant impact. That with respect to proposed changes in National Resource Land classifications or applications for special use permits on National Resource Lands: The Bureau will: 1. Apprise the County in writing of any such proposed changes and/or applications by forwarding to it the application and all exhibits thereto, together with all other pertinent information relating thereto. 2. Give due consideration of the County's comments and recommendations thereon. With respect to the construction of roads for access to private subdivisions or the granting of special use permits or changes of land classifications, the Bureau, through its District Manager in the area of the proposed subdivision, will: 1. Upon receipt of subdivision filings referred by the County, initiate prompt review. (a) Where no significant impact is identified on National Resource Lands or on mineral rights or other rights reserved to the United States on non-federal land, the County will be so advised within thirty (30) days or less; (b) Where significant adverse impact on National Resource Lands or mineral rights or other rights reserved to the United States on non-federal land is identified, the County will be so advised within thirty (30) days, with an indication of the probable nature of the impact and the Bureau's best estimate of the time that will be required to fully evaluate the impact. The Bureau will analyze the environment impact to the degree appropriate to the particular situation, and will recommend to the County: 1) Special conditions and stipulations needed to mitigate adverse impact on natural resources; 2) Modification of alignment of roads on other facilities or location of special uses; 3) That an Environmental Impact Statement is needed; 4) That the proposal be denied. With respect to authorization of road construction or the granting of other special use permits or changes in land classification applications across or affecting National Resource Lands, whether in connection with proposed subdivision develop- ments or otherwise, The Bureau will: 1. Require filing of a special land use permit applica- tion by land developer or other user; 2. Refer copy of application, together with supporting engineering data, to the County for review; 3. Give due consideration to the County's recommendations concerning approval of the permit and any special stipulations or conditions required. The County will: 1. Determine compatibility of road construction proposed or other use with State and County planning data and studies relating thereto. 2. Whether engineering design of the same will assure construction to County standards; 3. Whether roads, at completion of construction can and will be accepted into county road system for perpetual maintenance; - 5 - 4. Regardless of whether roadway will be accepted into County's transportation system, recommend to the Bureau any special conditions deemed necessary for the permit; 5. Will determine when any road or other facility requiring County approval has been constructed to County stand- ards. EXEMPTION: There shall be this agreement special use permits aggricultural uses administered by Annual Review At least once a year, representatives of both agencies will review this agreement for operating efficiency. Modification This agreement will become effective when signed by the designated representatives of both agencies. This agreement shall remain in effect until modified by the parties in writing and is party. Termination thirty APP~O~D: 2oZ~- 7~ COLORADO BUREAU OF LAND MANAGEMENT State Director DATED: ~/~6// ~ exempt from the provisions of for grazing and traditional the Bureau. This agreement may be terminated by either party upon (30) days written notice to the other. PITKIN COUNTY, by and througk its BOARD OF COUNTY COMMISSIONERS DATED: 'U- ,t.(~ . ? q / renegotiable at the option of either Agreement Jol~' !~2Ferati~% and Finanacial ~tan Reimbursable Services Reeuested b'~ Forest Service Assigmment of one Deputy ~ner~¢~ to provide support for Forest Officers in ~h~ir chloe'cement of Federal laws or regulations when uuusu~! exoosur__~e t__o~ exists. Assigmment of Sheriff and adHitional Deputy Sheriffs, within his manpower capabilities, to unforeseen or e~nergcncy situations such as group gatherings, law enforcement cormected with fire emergencies such as traffic control and policing fire camps. e Assignment of one Deputy Sheriff to accompany a Forest Service Representative twice weekly for approximately ~ a day to visit the Lincoln Gulch area during the last week in June through labor Day. Assignment of one Deputy Sheriff to patrol once nightly, Weller, Lincoln Gulch and Difficult Campgrounds during the period of July 1-July 10 plus other evenings as re- quested. Cooperator personnel assigned to duties in Items 1 and 2 above will be regular employees of the Pitkin County Sheriff's Department. Rate Schedule for Reimbursable Services For the services in Items 1, 2 and 3 above, the Service agrees to reimburse the Commissioners at the rates of $5.00 per hour per Deputy, including all vehicle use, supplies and other equipment. For the services orovided in item #4~ the Service agrees to reimburse the Commissioners st ti_e rate of ~5.00 per evening. Itemized billings for reimbursement will be furnished by the Commissioners to the Forest ,3ervice at the end of each mo~th, along %~ith a certification tkat the services have been performed. Page 1 of 2 De~:i~nat ed i c,~en 4ativos The fo[~ i:~g persons are desiguated by the Service to m~o or recei-,, requ~sts for services under this agreement: Thomas C, ?hans, Forest Supervisor, ;'~i::e River National Forest Glen.;ood ~prings, Coloz~ado (Telephone 945-6582) George A. Morris, District Ranger, %'£nite River National Forest Aspen, Coinrado (Telephone 925-3445 Office) ~2~-~7~3 ~ome ) Richard H. Cerise, Supervisory Forestry ?ech., %~ite River Nation~.l Forest Aspen, Colorado (Telephone 925-34~'5 Office) ( 963-3378 Home ) Jerry D. Covauih, District Ranger, ~';hite River National Forest Basalt, Colorado (Telephone 963-2266) The following persons are designated by the Cooperator to m~ke or receive requests for services under this agreement: Carroll D. Whitmire, Sheriff of Pitkin County Colorado Aspen, Colorado (Telephone 925-3232) COOPERATOR Carroll D. Whitmirez Sheriff Date~ C OMM ISS iONERS FOREST SUPERVISOR White Ri er Nati I For st Dat e~~_~z~ Page 2 of 2