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HomeMy WebLinkAboutMOU USDA Forest Service 1977(Revised 10/7/77) MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF ASHLAND AND USDA FOREST SERVICE (PACIFIC NORTHWEST REGION) This Memorandum of Agreement, made and entered into by and between the City of Ashland, hereinafter called City, by an~ through its Mayor, and the United States Department of Agriculture, Forest Service, acting by and through the Forest Supervisor, Rogue River National Forest, hereinafter called Forest Service, WITNESSETH WHEREAS, The City: 1. Has the responsibility for providing its citizens with a water supply, 2. Has historically used the water from Ashland Creek, Did enter into an agreement with the Forest Service in 1929 "for the purpose of conserving and protecting the water supply of the said city", Water-development facilities have been impacted by silt partially originating from Forest Service management activities within the watershed, 5. Has incurred and may incur additional expense in maintaining its water development facilities as a result of Forest Service activities in the watershed or as a result of failure to perform necessary activities, 6. Has been directed by the Oregon State Department of Environmental Quality to develop a solution to the water-quality problems caused by the discharge of sediment from water-development facilities, 7. Has been funded by the Environmental Protection Agency to hire a consulting firm to examine and report on alternatives, 8. Has received the said report containing a recommendation that better management of the watershed is one essential element of dealing with the sediment problem, and WHEREAS, The Forest Service: 1. Has the responsibility for managing the watershed from which Ashland Creek originates and drains, 2. Has agreed with the City to manage the watershed in such a way as Eo conserve and protect the City's water supply, 3. Is required by Law and Policy to manage National Forest lands for optimum production of all resources consistent with protection of the basic resource, soil, and maintenance of State and Federal water quality standards. Has concurred with the aforementioned consultant's recommendation to improve management of the watershed and to many of the consultant's specific recommendations for said management, Needs to develop a short-range plan for analysis and implementation of said recommendations and to meet the on-going responsibilities of general stewardship of the land, including fire prevention and suppression; control of erosion in general and particularly from existing roads; maintenance of a healthy and vigorous cover of vegetation - particularly in the event of severe fire, insect or disease occurrence; and also acEion 'plans designed to prepare for and deal with severe storms, NOW, THEREFORE, It is hereby agreed by and between the parties hereto as follows: The Forest Service shall: Underrake the development of a shorn-range (interim) plan following the outline attached hereto which has been jointly developed and agreed to between the Forest Service and the City; Complete said plan by October 1, 1978, and during the development of the plan, maintain close communication with the City with the objective of jointly identifying problems, searching for solutions agreeable no both parties, and aiming toward joint adoption of the plan by December 30, 1978, (subject only to each party's limitations due to laws, policy or other organizational or budgetary constraints). Also schedule and work toward a long-range plan for the Ashland Creek watershed as part of the Rogue River National Fores~'s on- going land-use planning process. This plan will address land-use allocations and encompass the total NEPA process employed in National Forest land-use planning. Designate a Forest Service representative to the City and others involved in the development of the plan and that that person will consistently inform and involve the City, Ashland District Ranger, Oregon State Department of Environmental Quality, Environmental Protection Agency, Rogue Valley Council of Governments and the Public, tb_rough the media and community leaders and spokesmen as to problems, major proposals for dealing with problems and the general status of the plan's development. Utilize an interdisciplinary approach to developing the plan - including all disciplines within the Forest Service organization and State agencies such as the Fish and Wildlife Department, Forestry Department, and Federal agencies such as the Soil Conservation Service, Army Corps of Engineers, and Geological Survey. Conduct soil and water monitoring programs to determine natural and accelerated rates of erosion due to activities within the watershed and in related areas having similar characteristics; which may include contracts with Southern Oregon StaKe College and others to collect, analyze and report on the processes involved in management of the critical granitic soils characteristic of the Ashland Creek watershed. Via the contracts mentioned above, through its own analysis and in consultation with the City and other agencies mentioned above, develop a soil and water-monitoring system that will be recommended for adoption as part of the watershed management plan (subject to funding authority and capability of the various involved agencies). The City shall: Provide the Forest Service with water consumption, storage capacity and other such data necessary to analyze present and projected future needs. Designate the Public Works Director as the City's representative for development and coordination of the plan (or such other person as the City may desire in the future). Through its Mayor and/or the City Council, meet every three or four months, or as it deems necessary, for review and consideration of the plan and its proposals during development. ~ Assist the Forest Service in attempting to analyze Public attitudes about the plan in general, or about specific proposals in the plan. Inform the Forest Service of the City's assessment of the need for additions to or changes in the present water-development facilities- (particularly the additional dam recommended in the Engineer's report) so far as these may have an impact on National Forest land or the sediment problem. Continue to assist the Forest Service in assessment of the sediment by sharing records of sediment accumulation and disposal from Reeder Reservoir, East and West-Fork reservoirs, and make the latter impoundments available (where practical) for use i~ sediment monitoring projects. Provide a representative(s) to accompany Forest Service personnel in a review of watersheds composed of granitic soils in California that were burned-over by wildfire this summer and in recent summers to: Assess the extent severity and kinds of problems (if any) occurring to water and/or water-development facilities. Help determine the necessity for and the extent and intensity of protection from fire that is justified. Cooperate in the development of a restoration and protection plan in case an extensive wildfire should occur in Ashland Creek drainage. Cooperate in the assessment of short-term degradation of water quality from sanitation-logging, access-road construction, fire-break construction, etc., versus possible long-range benefits from these activities. Cooperate with the Forest Service in its historical review and analysis of the laws, policies and agreements providing direction for management of the watershed (including Congressional records and other evidence of the intent of such legislation, policy, etc.) and jointly consider if additional or revised legislation, agreements, etc., are needed to accomplish joint objectives. It is Mutually Agreed and Understood by and Between the Parties that: I. Nothing herein shall he construed as obligating the Forest Service or the City to expend funds or as involving the United States or the State in any contract or other obligation for the future payment of money in excess of appropriations authorized by law, and administratively allocated for this work. 2. No member of, or delegate to, Congress or resident Commissioner shall be admitted to share any part of this agreement, or to any benefit that may arise therefrom; but this provision shall not be construed to extend to this agreement if made with a corporation for its general benefit. This agreement is valid until terminated by either party with 30 day's written notice Eo the other party. In witness whereof, last date written below. DATE /~ -~-~J' '77 the parties hereto have executed this agreement as of the Mayor, shla , Oregon BY ~~ ~'~ ~ DONALD H. SMITH, Forest Supervisor Rogue River National Forest ASHLAND CREEK WATERSHED MANAGEMENT PLAN I. Background A. History of Ownership B. Geology C. Agreements D. Applicable laws and regulations II. Resource Description A. Water 1. Present yield and quality 2. Present watershed problems 3. Future management activities and their effect on water production B. Timber 1. Timber management 2. Insect infestation 3. Salvage sales 4. Blowdown C. Recreation 1. Present uses 2. Expansion of present uses 3. Exclusion of all uses D. Mining 1. Present use 2. Potential for expansion 3. Withdrawal E. Road system 1. Present system 2. Future needs 3. Maintenance 4. Abandonment F. Research Area 1. Description 2. Management restrictions G. Fire Protection 1. Present hazard 2. Detection system 3. Pre-fire protection a. fuel breaks b. closures c. other 4. Post-fire rehabilitation III. Resource Management A. Past activities B. Present activities C. Future activities and needs IV. Rehabilitation of Existing Damage A. Assessment of problems B. Rehabilitation needs.