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Home My WebLink AboutDoc 453 - Gate Permit - Bear Cr Rd - BLMDeschutes County Board of Commissioners 1300 NW Wall St., Suite 200, Bend, OR 97701-1960 (541) 388-6570 - Fax (541) 385-3202 - www.deschutes.org AGENDA REQUEST & STAFF REPORT For Board Business Meeting of June 30, 2010 Please see directions for completing this document on the next page. DATE: June 22, 2010 FROM: George Kolb, County Engineer Road 541-322-7113 TITLE OF AGENDA ITEM: Consideration of Signature of Document No. 2010-453, Gate Permit No. 10-001 for Bear Creek Ro;td applied for by the Bureau of Land Management (BLM) PUBLIC HEARING ON THIS DATE? NO BACKGROUND AND POLICY IMPLICATIONS: The BLM is the managing agency for the Juniper Woodlands Recreation Area which consists of 5,( 00 acres of open space bordered by Alfalfa Market Road to the north, Dodds and Bear Creek Road tot 1e south, Dodds Road to the east and Bennett Road to the west. In the BLM's Upper Deschutes Resource Management Plan (2005), this area has been planned to accommodate non -motorized recreation including equestrians, hikers and bikers. There are two Deschutes County roads (Bear Creek and Walker Road) that currently provide access to motorized users within this BLM motorized closure trea. This motorized access has led to conflict, public safety issues and degradation of natural resources within this area. The BLM implemented the vehicle closure of this area in 2009 and installed a step 1 gate off of Alfalfa Market Road. The other accesses off of Bear Creek and Walker Road contained a wire gate that was signed closed to motor vehicles but was largely ignored. The BLM is wanting tt physically close the accesses at Walker Road and Bear Creek Road through the gate permit process. As can be seen from the attached photos, a gate for non -motorized users will be installed. Signature o 'this gate permit will allow the gate to be installed on Bear Creek Road. There will be a lock on the gat e that will be accessible to the County if we need to access any of the roadway. FISCAL IMPLICATIONS: None, BLM will be resonsible for installation and maintenance of the gates. RECOMMENDATION & ACTION REQUESTED: The Road Department recommends signature of Document No. 2010-453, Gate Permit No. 10-001 for Bear Creek Road ATTENDANCE: George Kolb, County Engineer DISTRIBUTION OF DOCUMENTS: Copy to Wanda Kunz (ext. 7103) at the Road Department Bureau of Land Management DESCHUTES COUNTY DOCUMENT SUMMARY (NOTE: This form is required to be submitted with ALL contracts and other agreements, regardless of whether the document is to be on a Board agenda or can be signed by the County Administrator or Department Director. If the document is to be on a Board agenda, the Agenda Request Form is also required. If this form is not included with the document, the document will be returned to the Department. Please submit documents to the Board Secretary for tracking purposes, and not directly to Legal Counsel, the County Administrator or the Commissioners. In addition to submitting this form with your documents, please submit this form electronically to the Board Secretary.) Date: 6/22/2010 Please complete all sections above the Official Review line. Department: Contractor/Supplier/Consultant Name: Contractor Contact: 6723 Berry Phelps Road Contractor Phone #: Type of Document: Gate Permit No. 10-001 for Bear Creek Road 541 -416 - Goods and/or Services: Allows the Bureau of Land Management to install a gate on a public right-of-way Background & History: The BLM is the managing agency for the Juniper Woodlands Recreation Area which consists of 5,600 acres of open space bordered by Alfalfa Market Road to the north, Dodds and Bear Creek Road to the south, Dodds Road to the east and Bennett Road to the west. In the BLM's Upper Deschutes Resource Management Plan (2005), this area has been planned to accommodate non -motorized recreation including equestrians, hikers and bikers. There are two Deschutes County roads (Bear Creek and Walker Road) that currently provide access to motorized users within this BLM motorized closure area. This motorized access has led to conflict, public safety issues and degradation of natural resources within this area. The BLM implemented the vehicle closure of this area in 2009 and installed a steel gate off of Alfalfa Market Road. The other accesses off of Bear Creek and Walker Road contained a wire gate that was signed closed to motor vehicles but was largely ignored. The BLM is wanting to physically close the accesses at Walker Road and Bear Creek Road through the gate permit process. As can be seen from the attached photos, a gate for non -motorized users will be installed. There will be a lock on the gate that will be accessible to the County if we need to access any of the roadway. Agreement Starting Date: 6/30/2010 Annual Value or Total Payment: Ending Date: ❑ Insurance Certificate Received (check box) Insurance Expiration Date: Check all that apply: RFP, Solicitation or Bid Process ❑ Informal quotes (<$150K) Exempt from RFP, Solicitation or Bid Process (specify — see DCC §2.37) N/A 6/22/201( Funding Source: (Included in current budget? Yes LJ No If No, has budget amendment been submitted? 1 I Yes ] No Is this a Grant Agreement providing revenue to the County? Yes L] No Special conditions attached to this grant: Deadlines for reporting to the grantor: If a new FTE will be hired with grant funds, confirm that Personnel has been notified that it is a grant -funded position so that this will be noted in the offer letter: U Yes I No Contact information for the person responsible for grant compliance: Name: Phone #: Departmental Contact and Title:(; . lG� Ca�..► �+��ev Phone #: 3`-k1 Department Director Approval: C/1.2 -/c+ Date Distribution of Document: Copy to Wanda Kunz (ext. 7103) after recording Official Review: County Signature Required (check one): ❑ BOCC ❑ Department Director (if <$25K) ❑ Administrator (if >$25K but <$150K; if >$150K, BOCC Order No. Legal Review Document Number Date 6/22/201 1 BEFORE THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES, COUNTY, OREGON Gate Permit for Bear Creek Road located within Township 17 South, Range 13 East, Section 36 W.M., Deschutes County, Oregon. GATE PERMIT 10-001 Pursuant to ORS 368.056 the Board of County Commissioners of Deschutes County, Oregon authorizes The Bureau of Land Management to maintain a gate upon the public right of way described as: Bear Creek Road located within Township 17 South, Range 13 East, Section 36 located in Deschutes County, Oregon. in accordance with the conditions of approval (Exhibit "A") and in the location shown on the map (Exhibit "B") attached hereto and by this reference made a part hereof. DATED this day of , 2010. ATTEST: Recording Secretary BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON DENNIS R. LUKE, CHAIR ALAN UNGER, VICE -CHAIR TAMMY BANEY, COMMISSIONER EXHIBIT "A" GATE PERMIT 10-001 CONDITIONS FOR APPROVAL 1 Gate permit may be reviewed by the County at any time and upon a finding that the gate does not meet the criteria of the Gate Permit Resolution 90-081, the permit may be revoked by the Board of County Commissioners. 2. The gate design shall be approved by the County Engineer. 3. If the gate is locked, a key must be deposited with the fire district and with the Deschutes County Road Department with a map showing the gate location and telephone number of applicant or contact person. 4. The gate location shall be as shown on the attached Exhibit "B". 5. Fence adequate to supplement gate must be constructed. 6�3// 0 BUREAU OF ND MGMT., APPLICANT DATE TOM BLUST, DIRECTOR D A E �•i v2 Divf4100 -k< 111, Road Department 61150 SE 27th St • (Bend, Oregon 97702 (541 ) 388-6581 • FAX (54113€3x3-2719 GATE PERMIT PROCESSING FORM *$100.00 NON-REFUNDABLE PERMIT FEE* This gate permit request form is to be used pursuant to Resohition No. 90-081. 1t is the function of the Department of Public Works to process all permit requests in compliance with five criteria established in the resolution, and to make a recommendation to the Board of County Commissioners. APPLICANT NAME AND ADDRESS: Molly Brown, Field Manager, DRA Prineville District BLM 3050 NE 3rd Street Prineville, OR 97754 IGNAfi13RE OF APPLICANT: DATE OF APPLICATION: FEE PAID_ WAIVED by George Kolb 5/3/2010 TELEPHONE NUMBER: (541) 416-6766 CRITERIA EVALUATION Name and Location ofroad proposed to be gated: Walker RD & Bear Creek RD at location entering Is this a dead-end road? S No 2. Is the road generally used by the public? Yes BLM Public Land. See Attached Map. iVo Will the gate restrict access to any parcels owned by others. Yes (N * If yes, application must include affected parties signatures. 4. Will the gate restrict access to public land? (Yes) No (See Attached Map) 5. Does it appear to be in the public's interest to allow the gating of the road? Yes No 6. Is the road in a recorded subdivision? Yes No 7. Name of subdivision 8. Tax map of affected parcels must be included with application (See Attached Map) Evaluator Name '-_=� �2r Date: % (22 tto Evaluator Comments: -(- c.� 6Aits. is oVu u't ci L 1 - Pc -0 c 1 -1/ --+ay- Public Works Director Recommen tion:QL�pzauP Deny Signature: Date: 4/7 Quality Services Performed with Pride IN REPLY REFER TO: 8400(ORP060) United States Department of the Interior APR 2 0 2010 BUREAU OF LAND MANAGEMENT Prineville District Office 3050 N.E. 3rd Street Prineville, Oregon 97 754 Mr. George Kolb Deschutes County Engineer Deschutes County Road Department 61150 SE 27th Street Bend, Oregon 97702 Dear Mr. Kolb: Recently, we, Deschutes County and the Bureau of Land Management (BLM), have been working together to resolve illegal trespass issues on private land, conflicting uses and damaging impacts to natural resources on BLM administered lands in the Alfalfa area, between Walker and Bear Creek road. Even though BLM has undertaken a number of less aggressive approaches to the problem, the situation now calls for a collaborative approach between Deschutes County and the BLM. BLM is seeking Deschutes County support to help us address these issues more effectively. The BLM would like to physically close the east of Walker and Bear Creek Roads by obtaining a gate permit frons Deschutes County to install two Powder River gates at Walker and Bear Creek roads where they enter BLM administered lands and lock the gates in such a way that allows for the county to access these roads as necessary. BLM would also sign these roads as closed to motorized use. As a multiple use agency, BLM is responsible to provide for both a balance of uses on public lands and protect natural resources. Overall, only 23% of the BLM-administered lands in the Upper Deschutes Planning area are closed to motorized vehicle use. These closures serve a growing audience of people in Deschutes County interested in opportunities such as hiking, mountain biking, horseback riding, jogging, nature observation and wildlife/landscape photography. I hope by working together, BLM and Deschutes County can better serve the diverse needs of our residents and visitors. Please feel free to contact me or our Recreation Planner, Berry Phelps at 541-416- 6723 if you would like to discuss other possible options to collaboratively resolve this issue. Sincerely, Molly M. Brown Field Manager, Deschutes Resource Area Enclosures ah Os,.F 0 3" oil Ps ,,e1 oh i► 4 .a � �� CC. 7t,gh Des.rl pedal 'rcreation Managernertt . , ‘111!INna ;a:111L.