HomeMy WebLinkAbout2006 NS ERCD - MOU -Proposed Memorandum of Understanding - Haw River Trail Corridor3
Contract Number: P06122
MEMORANDUM OF UNDERSTANDING
BETWEEN CERTAIN LOCAL GOVERNMENTS AND
THE STATE OF NORTH CAROLINA,
DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES
CONCERNING
THE HAW RIVER TRAIL CORRIDOR
March 1, 2006 -December 31, 2010
WHEREAS, the State of North Carolina (hereinafter referred to as "the State"), has proposed
multi-use trail development and natural resource preservation efforts within a defined area along
the Haw River (hereinafter referred to as "the Trail Corridor"); and
WHEREAS, the State has proposed a paddle, hiking andlor multi-use trail connecting the Haw
River State Park to Jordan Lake State Recreation Area, (hereinafter referred to as "the Trail"), as
a component of the State Trails System, to make efficient use of public dollars and provide the
greatest benefit by linking key resources; and
WHEREAS, the Trail Corridor contains a wide range of outstanding and unique natural, cultural
and historic resources; and
WHEREAS, the preservation of resources within the Trail Corridor provides a wide range of
outstanding existing and potential recreational and economic development opportunities; and
WHEREAS, the preservation of lands within the Trail Corridor would support the multiple goals
of the Partners; therefore the width of the Trail Comdor for planning purposes should be at a
minimum of 500 feet from the top of bank (1000' corridor) where possible. The proposed use of
the Trail Corridor should be a balance of natural resource protection, recreation, water quality,
historical and cultural preservation, view. shed protection, and' economic development. As much
as possible, undisturbed natural vegetation within the Trail Corridor is preferred to meet the
maximum number of these goals; and
WHEREAS, the Haw River and its tributaries flow through multiple municipalities, counties and
four multi-county planning regions; and
WHEREAS certain portions of the Trail Corridor will traverse public lands owned by
municipalities, counties, the State of North Carolina, and may also cross privately held land
managed by private non-profit agencies or land under conservation easements, held by either the
State, municipal, county or private non-profit agencies; and
WHEREAS, The State has partnered with Alamance County, Guilford County, Chatham County,
Orange County, Rockingham County, the City of Burlington, the City of Graham, the Town of
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Haw River, the Town of Swepsonville, the Piedmont Triad Council of Governments and non-
profit organizations to develop a conceptual plan for the trail; and
WHEREAS, the undersigned governmental agencies desire to represent a unified vision for the
Trail Corridor when sharing information both internally within their respective agencies and
externally on matters relating to the planning, development, signage, public information,
maintenance and management of the Trail Corridor;
NOW, THEREFORE, the undersigned parties hereto mutually agree:
1. To title this coalition of partners the "Haw River Trail Governmental Agency
Partnership," to speak with one unified voice for all the undersigned parties that are
involved in the planning, design, construction, maintenance, management and promotion
of the Trail
2. To seek and consider thoughts and ideas from non-profit organizations, private property
owners and citizens regarding the planning, development and management of the Trail.
3. To establish a name for this trail and to develop an identifiable trail marker that can be
used to uniformly sign segments of the Trail.
4. To jointly develop and endorse trail development standards for the paddle and land-based
trail.
The paddle trail standards will include the maximum length between access areas, the
basic design of the overall access areas including off-road access, parking, access to the
water and other desired or needed facilities.
The land-based trail standards will include, at a minimum, trail width and surfacing
options, parking and desired or needed facilities.
Both. the paddle trail and land-based trails will have uniform trail markers (to be agreed
upon) containing minimum basic information (to be agreed upon).
5. The State will coordinate activities between the land managing agencies. Implementation
will be carried out by the agency administering the lands through which the Trail passes,
with assistance by the State if required.
6. To explore every opportunity to acquire land or the interest in land that will provide
public access to or land for the Trail, its buffer, or other needed open space within their
.jurisdiction.
7. The selection and approval of the Trail route on-the-ground is the primary responsibility
of the land managing agency/entity. The State will assist the land managing
agencies/entities and holders of conservation easements with Trail layout activities.
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8. To maintain, within local budget constraints, the segments of the Trail which pass
through lands under their jurisdiction.
9. There will be no exchange of funds for work performed on the trail project without
further written agreement. Funds for trail planning, construction, maintenance and
management activities are the responsibility of the appropriate land managing agency;
however, the State may assist the agencies if agreement is reached as to the extent of such
assistance between the parties.
10. The appropriate land managing agency shall erect the uniform trail markers established
by the Haw River Trail Public Partnership for the Trail. The erection and maintenance of
these trail markers shall be in accordance with the land managing agencies' standards
referenced in Paragraph 4 above.
11. To meet as needed to discuss matters of mutual concern affecting the planning,
construction, maintenance and management of the Trail.
Nothing in this agreement shall affect or interfere with fulfillment of the obligations and rights of
the undersigned parties to manage the lands and programs administered by them in accordance
with their other basic land management responsibilities.
This agreement maybe revised as necessary by mutual consent of all undersigned parties by the
issuance of a written amendment, signed and dated by all parties.
Any undersigned party may terminate this Memorandum of Understanding by providing 60 days
written notice. Unless terminated by written notice, this Memorandum of Understanding will
remain in force for a period of five (5) years ending on December 31, 2010. At the end of that
time, the undersigned parties will assess the benefits accrued and determine if the agreement
should be reaffirmed.
Failure of one of the entities listed below to become a signatory to this Memorandum of
Understanding will not alter either the validity of the Memorandum of Understanding or the
force and effect of the Memorandum of Understanding on the parties who are signatories.
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IN WITNESS WHEREOF, the parties hereto have executed this Memorandum of Understanding
as of the last date written below.
STATE OF NORTH CAROLINA
DEPARTMENT OF ENVIRONMENT
AND NATURAL RESOURCES
(Date) William F. Ross Jr. Secretary
Witness:
ALAMANCE COUNTY
(Date) NAME POSITION
Witness:
GUILFORD COUNTY
(Date) Carolyn Coleman Chair, Guilford County Board of
County Commissioners
Witness:
CHATHAM COUNTY
(Date) Tracy M. Barnette Director, Parks and Recreation
Witness:
ORANGE COUNTY
(Date) Barry Jacobs Chair, County Board of Commissioners
Witness:
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(Date)
Witness:
(Date)
(Date)
(Date)
~Late~
ROCKINGHAM COUNTY
Thomas B. Robinson County Manager
CITY OF BURLINGTON
Steve Ross Mayor
CITY OF GRAHAM
Jerry Peterman
Mayor
TOWN OF HAW RIVER
David Beal
Town Manager
TOWN OF SWEPSONVILLE
Raymond Herring
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Mayor