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HomeMy WebLinkAbout1986-007 MOU - US Forest Service em r n um March 31, 1986 ~i Brian L. Almquist, City Administrator r~Mi d Allen A. Alsing, Director of Public Works Attached is a Memorandum of Understanding between the City and the U.S. Forest Service concerning closure of roads into the watershed under various circumstances. Staff has worked with the Forest Service in drafting this document and I recommend that the City enter into the agreement. Would you please place this on the Council agenda? Attachment (1) .< MEMORANDUM OF UNDERSTANDIN~ USDA FOREST SERVICE, REGION 6 ROGUE RIVER NATIONAL FOREST ASHLAND RANGER DISTRICT and the CITY OF ASHLAND, OREGON This Memorandum of Understanding is made by and between the City of Ashland, hereinafter called the City, by and through its Nayor, and the United States Department of Agrilculture, Forest Service, acting by and through the Forest Supervisor, Rogue River National Forest, hereinafter called Forest Service, WITNESSETH THAT: WHEREAS, as specified in the Water Resources Planning Act Of July 22, t965, "In order to meet the rapidly expanding demands for water throughout the Nation, it is hereby declared to be the policy of Congress to encourage conservation...and utilization of water and related land resources of the United States on a...coordinated basis by the Federal Government, States, localities, and private enterprise with the cooperation of all affected Federal agencies, States, local governments..."; and, WHEREAS, the parties hereto did in t929 enter into a Cooperative Agreement, entitled "Cooperative Agreement For The Purpose Of Conserving and Protecting The Water Supply Of The City Of Ashland, Oregon of i~29"; and, WHEREAS, the parties hereto did in September of t979 did agree upon except as qualified the "Interim Watershed Plan"; and, WHEREAS, the parties hereto are in consensus that both the above referenced Cooperative Agreement and the Interim Watershed Plan, although still in effect, now require further clarification and updating to address issues and circumstances which have changed since they were entered into; and, WHEREAS, The City: 1. Has the responsibility for providing its citizens with a water supply; and, 2. Has historically used the water from Ashland CreeK; and, 3. Has helped develop a short-term plan and currently guided by the Interim Watershed Plan for the analysis and implementation of stated objectives to meet the on-going responsibilities of general stewardship of the land. The Interim Plan tenure is valid until the Rogue River National Forest Plan is completed and approved. The objectives of the Interim Plan address fire prevention and suppression, maintenance of a healthy and vigorous cover of vegetation - particularly in the event of severe fire, insect or disease occurrence to vegetation creating extreme fire danger; and, 4. Has signed and approved by the authority of the Mayor of the City of Ashland the Interim Watershed Plan conditionally set forth in the attached report in the Interim Watershed Plan labeled "Attachment A"; and, Page 5. Has agreed as specified in the above referenced Cooperative Agreement,"...should the City of Ashland desire any special protection measures not provided by the regular Forest Service administrationethey may be obtained by the appointment of additional employees to be appointed by and to be directly responsible to the Forest Supervisor..."; and, 6. Has provided during the i982, t983 and 1984 fire season routine patrols of City fire personnel through the Ashland Watershed for the purpose of fire prevention; and, 7. Has provided during fire season i985 volunteer City personnel who patrol within the Ashland ~Jatershed for the purpose of fire prevention; and, WHeReAS, The Forest Service: i. Has the responsibility for managing the watershed from which Ashland Creek originates and drains; and, 2. Has delegated to the Ashland District Ranger authority and responsibility to administer, the Ashland Watershed; and, 3. Has agreed with the City to manage the watershed in such a way as to conserve and protect the City's water supply; and, 4. Is required by Law and Policy to manage National Forest lands consistent with protection of the basic resource, soil, and maintenance of State and Federal water quality standards; and, 5. Has developed a Fire Management Plan For The Ashland Creek Watershed as directed in the approved Interim Watershed Plan and through the Fire Nanagement Plan addresses pre-suppression, suppression, fire prevention and fuel management actions necessary to prevent a catastrophic wildfire occurrence in the Ashland Watershed; and, 6. Has developed and implemented four closures under the authority of the Code Of Federal Regulations within the geographic location and for the protection of the Ashland Watershed which stipulate "No Overnight Camping"; "No Off Road Vehicles"; "No Open Fires" and "Roads Closed" during wet fall and winter weather; and, ?. Will close the Ashland Watershed to the public under the authority of the Code Of Federal Regulations applicable to National Forests during periods of extreme fire danger; and, 8. Does recognize extreme fire danger by the moisture content of live vegetation and dead vegetation during summer months in combination with the Palmer Drought Index; and, 9. Is required to provide public notice and posting of signs bringing to the public's attention closures that are in effect in the Ashland Watershed so that the public has a reasonable opportunity to be aware of closure area and requirements; and, t0. Has the responsibility for news releases that effect National Forest land, including the Ashland Watershed; and, t t. Has agreed to establishing at the City's expense gates on road 2060 at T.39S., R.t~, Sec. 2t N~N~ and road 2060200 at T.40S., R.t~., Sec. t5 N~NR north of Bull Gap, to be used to close Page 2 the Ashland Watershed during extreme fire danger v~hen approved by the Forest Supervisor; and, NOW, THSRSFORE, It is hereby agreed by and between the parties hereto as follows: The ~'orest Service shall= t. Establish vegetative fuel moisture plots within or adjacent to the Ashland Watershed to assess fire danger in order to determine when to close the Ashland ;Jatershed; and, 2. ~stablish Palmet Drought Indices as a criterion to predict in late spring or early summer the likelihood of serious fire danger conditions due to drought of significant duration of time during the late portions of summer; and, B. Use the 1000 hour timelag fuel moisture (>3" dia. to 6" dia. dead and down fuel) as a criterion for watershed closure for extreme fire danger~ and, 4. Upon determination of a Palmer Drought index of -2.00 or less during the month of lday prepare for a closure of the Watershed because of impending extreme fire danger. If during the month of June, July and August the Palmer Drought Index is -B.00 or less and the 1000 hour timelag fuel moisture is < 15% and schrub foliage moisture content < 100% watershed closure for restriction of public access should be implemented; and, 5. Have an Ashland Watershed closure proclamation prepared for signature by the ~orest Supervisor for timely implementation when the Palmet Drought Index, 1000 hour fuel moisture and vegetative fuel moisture indicates extreme fire danger. Prepare for public notification through the news media and signing of the proclaimed closure; and, 6. Annually provide fire prevention literature and handouts, procedures and training as required by lzorest Service management for fire prevention contacts vdth the public by employees and volunteers of the City; and, 7. Annually provide training and information to employees and volunteers of the City concerning closures pertaining to the Ashland Watershed and procedures, authorities and responsibilities for enforcement of closures; and, 8. Notify the City when the closure for the Ashland Watershed for extreme fire danger is rescinded due to a change in weather and/or vegetation conditions, which are usually brought about by precipitation of significant amounts usually >.5" within a short period of time; and, 9. Place a l~orest Pervice lock on gate constructed at T.39S., Rt~., Bec. t6 NWNW on road 2060 near Terrace Street; and, ~0. Annually, review evaluate and discuss with the City the Ashland Watershed as it relates to fire danger, fire prevention, closures and coordination between the City and Forest Service; and, The City Shall: Rage 3 1. Designate the Public Works Director as ~he City's representative for coordina~i:- '-z This Memorandum of Understanding; and, 2. Notify the Forest Service before the City close the gates on private land outside the National Forest Boundary that would affect access onto National Forest; and, 3. MaKe time available during the month of April or Nay ~or their employees and volunteers in positions of fire prevention patrol to receive training by the Forest Service. Such training ~vill entail fire prevention procedures and specifics of the closures that are in effect within the Ashland Watershed; and, 4. Haintain a log by their employees or volunteers on a daily basis while on fire prevention patrol within the Ashland Watershed. The log ~vill record such things as vandalism, illegal activities in violation of closures, numbers of people and type of public use within the Ashland ~Jatershed and other pertinent information~ and, 5. Through the designated City representative participate in and input into the Bnvironmental interdisciplinary Team process for planning, management review and evaluation any resource activity within the Ashland Watershed. CITY OF ASHLAND, OREGON Mayor USDA FOREST SERVICE~ BY Fores~ Superv~'sor~ Rogue River N. F. Page 4