HomeMy WebLinkAboutAgenda - 03-13-2006-5ORANGE COUNTY
BOARD OF COMMISSIONERS
ACTION AGENDA ITEM ABSTRACT
Meeting Date: March 13, 2006
Action Agenda
Item No. 5
SUBJECT: Proposed Memorandum of Understanding -Haw River Trail Corridor
DEPARTMENT: ERCD PUBLIC HEARING: (Y/N) No
ATTACHMENT(S): INFORMATION CONTACT:
Proposed MOU David Stancil, 245-2598
PURPOSE: To consider entering into a memorandum of understanding (MOU) with the State
of North Carolina (Division of Environment and Natural Resources) (NCDENR) and other local
governments regarding planning for a Haw River Trail Corridor.
BACKGROUND: On February 9, the Board received an update on planning for the future
Mountains to Sea Trail (MST) Corridor by the State Division of Parks and Recreation and other
stakeholder groups.
An adjunct to this effort has been underway with the proposed Haw River Trail Corridor. This
corridor would link the planned new Haw River State Park (north of Greensboro) to Jordan Lake
State Recreation Area. While still at a very conceptual stage, this corridor might include a
combination of paddle, hiking and/or multi-use trails between these two State parks.
The proposed MOU would encourage the preservation of the trail corridor, for which a
conceptual plan is being created. The MOU would seek to clarify a unified vision for the
corridor through a "Haw River Trail Governmental Agency Partnership," with NCDENR,
Alamance County, Guilford County, Chatham County, Orange County, Rockingham County, the
cities of Burlington, Graham, Haw River and Swepsonville, and Piedmont Triad COG.
Orange County has a short segment of the Haw River, approximately two miles in length, along
the County's southwest boundary. It is not known at this time whether any land trails would be
proposed for the northeast (Orange County) side of the Haw River.
The MOU would obligate the parties to work together to develop a plan, solicit thoughts and
ideas from citizens and organizations, develop trail standards, naming and signage, and explore
opportunities to acquire land for public access to the trail. It would also authorize the NCDENR
to serve as the coordinator of activities toward the corridor identification among the parties,
although implementation of the trail would be left to the agency that owns the lands through
which the trail passes. Each jurisdiction would be primarily responsible for the location, signage
and management of the segment of the eventual trail in its ownership/jurisdiction, with State
assistance as needed.
The MOU does not obligate the parties to any funding or trail construction without their consent,
although once built, each jurisdiction would be responsible for maintaining (mindful of local
budget constraints) any segment of trail and signage on lands owned by the jurisdiction. Any
lands acquired for the trail would be managed under each jurisdiction's land management
program, if any. In Orange County's case, this would be the Lands Legacy Program. The
memorandum may be terminated at any time with 60 days notice, and is for a period of five (5)
years.
Several of the jurisdictions, including Chatham County and Burlington, have signed the MOU.
FINANCIAL IMPACT: There is no cost associated with signing the MOU. Eventual
participation in the Haw River Trail (if facilities were proposed in Orange County), would be at
the County's pleasure, and could include signage, trail construction, public access areas, and
trail maintenance. If constructed in Orange County, maintenance of any facilities on County
lands would be the County's responsibility and the cast for these activities is not currently
known.
RECOMMENDATION(S): The Manager recommends that the Board discuss and approve the
attached MOU, and authorize staff from ERCD and Recreation and Parks to participate in the
subsequent discussions and planning efforts.
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Contract Number: P06122
MEMORANDUM OF UNDERSTANDING
BETWEEN CERTAIN LOCAI, 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 natwal resource preservation efforts within a defined azea along
the Haw River (hereinafter referred to as "the Trail Corridor"); and
WHEREAS, dre State has proposed a paddle, hiking and/or multi-use trail connecting the Haw
River State Pazk 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 Corridor for planning purposes should be at a
minimum of S00 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 ]ands 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 paztnered 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 far the paddle and land-based
hail.
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, pazking 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 primazy 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 mazkers established
by the Haw River Trail Public Paztnership for the Traih The erection and maintenance of
these trail mazkers shall be in accordance with the land managing agencies' standazds
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 may be 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 pazties 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:
ALAA4ANCE COUNTY
(Date) NAME POSITION
Witness:
GUILFORD COUNTY
(Date) Carolyn Coleman Chair, Guilford County Boazd of
County Commissioners
Witness:
CHATIIAM COUNTY
(Date) Tracy M. Barnette Director, Parks and Recreation
Witness:
ORANGE COUNTY
(Date) Bazry Jacobs Chair, County Boazd of Commissioners
Witness:
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(Date)
Witness:
(Date)
(Date)
(Date)
(Date)
ROCHINGHAM COUNTY
Thomas B. Robinson Comity Manager
CITY OF BURLINGTON
Steve Ross Mayor
CITY OF GRAHAM
.Terry Peterman Mayor
TOWN OF HAW RIVER
David Beal Town Manager
TOWN OF SWEPSONVILLE
Raymond Herring Mayor