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7 RECEPTION#: , at 10:59:44 AM 10F 5 PAGES, ' MICHELLE NAUER, OURAY COUNTY, CO. CLERK& RECORDER RESOLUTION No A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF OURAY COUNTY, COLORADO APPROVING A JOINT PETITION TO THE COLORADO PARKS AND WILDLIFE REGARDING OHV REGULATIONS IN OURAY COUNTY, COLORADO AND NEIGHBORING COUNTIES WHEREAS, the Board of County Commissioners of Ouray County, Colorado ("Board") adopted Resolution No approving a petition to the Colorado Parks and Wildlife to recognize the requirements of Ordinance pertaining to the use of OHV vehicles in Ouray County, and the similar requirements of neighboring counties; and WHEREAS, the petition attached to Resolution No was sent to staff for Colorado Parks and Wildlife, and said staff made suggested changes and revisions to the petition in order to assist with making the success of the petition more likely; and WHEREAS, the Board believes that local control on regulation of use of county roads is in the best interests of the public. NOW THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF OURAY COUNTY, COLORADO, that it will participate with neighboring counties in a petition to the Colorado Parks and Wildlife for such recognition of the provisions and requirements enacted in Ordinance 07-01, and approves the revised petition attached hereto as Exhibit A. The Board further directs staff to review and approve any further revisions to the petition and so long as revisions are consistent with the goals stated in Resolutions and , such revisions are hereby approved without further need for Board action. APPROVED AND ADOPTED THIS 23rd DAY OF OCTOBER Voting for: Commissioners Fedel, Padgett and Willits Voting against: None ",,\)...':'''l /.{;... ~II"! "':/0 "A' VA. :,"'" f ~ est: :, Co ',' (">. : 7" :<.::. :- -0'" -', ""' 0. \. /."'y '- ' ' "'r.. "~ :..s»' "..."1", '" Do,.' 11',ltlt ll l'- v.-,;:: ' BOARD OF COUNTY COMMISSIONERS OF OURAY COUNT':, COhOR~DO ':f- ~~--f er nd Recorder By: Linda Munson-Haley, Deputy Clerk of the Board PariCk'MffiiS, commissioner Resolution Page 1 of I

8 Exhibit A CITIZEN-PROPOSED ISSUE PAPER Date: September 26, 2012 ISSUE: This petition, jointly sponsored by the Boards of County Commissioners of Hinsdale, Ouray, San Juan, and San Miguel Counties, respectfully requests that the Parks and Wildlife Commission Amend #504 of its Off-Highway Vehicle Regulations to recognize the validity of the Petitioners' adopted Off-Highway Vehicle Ordinances DISCUSSION (FACTS AND FIGURES, EXPLANATION OF ISSUE): During the past several years the Boards of County Commissioners of Hinsdale, Ouray, San Juan and San Miguel Counties ("BOCC") have enacted ordinances pursuant to their authority under and 110, C.R.S., regulating the operation of Off-Highway Vehicles ("OHV") on public roads under their jurisdiction. A copy of each county's adopted OHV ordinance is attached to this petition and incorporated herein by reference. These county ordinances apply to the operation of OHVs on designated county public roads located within the San Juan Mountains of southwest Colorado that include numerous extremely rugged, primitive, and hazardous four wheel drive high mountain pass roads. These county designated OHV routes include the Alpine Loop roads between Ouray, Silverton and Lake City (Engineer and Cinnamon Passes), as well as Imogene, Black Bear, and Ophir Pass roads located in San Miguel, Ouray, and San Juan counties. In response to concerns over public safety arising from several serious accidents involving both motor vehicles and OHVs that occurred on the high mountain pass road located in these counties, beginning in 2001 the Hinsdale, Ouray, San Juan, and San Miguel BOCCs have enacted ordinances requiring that the operators of OHVs possess a valid motor vehicle operator's license and/or maintain at least the minimum level of liability insurance coverage required by the Colorado Motor Vehicle Financial Responsibility Law, Title 42, Article 7, C.R.S. Ouray and San Miguel Counties enacted the OHV ordinances following consultation with the USDA Forest Service, the federal agency responsible for administering much of the public land that the county designated OHV routes traverse. Both Ouray and San Miguel Counties have entered into agreements with the USDA Forest Service authorizing it to patrol those designated OHV routes located on land it administers and to enforce their OHV ordinances. A copy of those agreements is attached to this petition and incorporated herein by reference. Several years following the counties' enactment of their OHV ordinances, Division officials advised county representatives that the county adopted OHV ordinances are inconsistent with the Division's OHV regulation #504 (2CCR 405-1, Chapter 5). Regulation #504 authorizes persons age ten or older, who are not eligible for a motor vehicle operator's license, to operate OHVs on public roads in Colorado that have been designated as OHV Resolutio1l ExhibirA, Page lof4

9 routes, provided the OHV operator is accompanied by and under the immediate supervision of a person possessing a valid driver's license. The regulation defines the phrase "under immediate supervision to mean that, "at a minimum, the unlicensed operator is within direct visual contact of the licensed supervisor." The Division's adopted OHV regulations do not either address or require OHV owners to maintain motor vehicle liability insurance coverage that complies with Colorado statutory requirements for motor vehicles when their OHV is operated on county designated public road OHV routes. Division officials have advised county representatives that county ordinances imposing such liability insurance requirements are inconsistent with regulation #504. Section , C.R.S. provides that counties may adopt OHV regulations that are " not inconsistent with the provisions of this article and the rules and regulations promulgated pursuant thereto." In order for the Division to find that the county OHV ordinances are consistent with regulation #504 the counties request that the Commission amend the regulation to provide a limited exception permitting the counties' OHV ordinances, specifically including the requirement that OHV operators have a valid driver's license and OHV liability insurance in effect that satisfies the Colorado Motor Vehicle Financial Responsibility statute. The grounds for recognizing these county adopted ordinances is that they apply to county roads in mountainous areas with extremely dangerous and steep terrain, in sharp contrast to the terrain of other plains areas of the state where Regulation #504 is more suitable. The following statistical information pertains to public safety issues associated with OHV operations on high mountain pass roads in the San Juan Mountains of Southwest Colorado that occurred in San Juan and Hinsdale counties, both of which directly employ seasonal Alpine Rangers. Hinsdale County ( ) Summons Issued 7 - Drove ATV where prohibited; 4 - Fictitious plates on ATVs; 2 - No mandatory minimum liability insurance (both vehicles involved in accidents); 1 - Drove ATV while license under restraint. Accidents 13 ATV accidents;, 2 Fatalities. Warnings-Written 11 - Minor allowed to operate ATV; 12 - No Colorado State Parks sticker; 17 - No proof of insurance; 43 - Operated ATV where prohibited. San Juan County (2011) Summons/Citations Issued - 3; Verbal Warnings -15; Written Warnings- 7; Total Contacts - 2,404. Accidents (Serious Bodily Injuries - 2, Fatalities - 1. ReSO/Ufion Exhibit A, Page 2 of4

10 Ouray - San Miguel Counties (USDA - FS Alpine Ranger Program) Attached are statistics regarding USDA FS Alpine Ranger Programs OHV related contacts, summons/citations/warnings issued, and accidents responded to, compiled by USDA FS Ouray Ranger District, the agency that currently administers the program that has been in effect since WHO MIGHT BE INTERESTED IN THIS ISSUE? HAVE YOU COMMUNICATED WITH ANY OTHER INTERESTED PARTIES? WHAT INPUT HAVE YOU RECEIVED? The Petitioners have consulted with officials of the USDA Forest Service regarding this petition. In recent years Forest Service officials have applied for grants from Division's OHV State Trail grant fund to assist in paying for the costs associated with their agency's Alpine OHV Ranger program. This program includes patrolling the high mountain pass roads that are subject to the county's OHV ordinances. The Forest Service has indicated that the Division has refused to fund those grant applications. Among the reasons the Division has given for not approving the grant application is that the Alpine OHV Ranger Program is associated with the counties' OHV ordinances that the Division maintains are inconsistent with its regulation #504 and, therefore, exceed the county's statutory authority. The Petitioners have also consulted with the following OHV user's groups regarding this issue: These OHV user groups have indicated that they support the petitioning counties OHV ordinances and the requested amendment to regulation #504. ALTERNATIVES: PLEASE INDICATE THE PROBABLE OUTCOME IF THIS PETITION IS ACCEPTED, AS WELL AS THE IMPACT OF ALTERNATIVES TO THIS PETITION: The Commission would approve an amendment to 2 CCR 405-1, Chapter 5 - Off-Highway Vehicle Regulations, #504- Operation of Off-Highway Vehicles, adding a subparagraph c that would provide a specific, limited, exception for the provisions in the Hinsdale, Ouray, San Juan, and San Miguel Counties' OHV ordinances/regulations that require operators of OHVs to possess a valid motor vehicle operator's license and/or to maintain at least the minimum level of liability insurance coverage required by the Colorado Motor Vehicle Financial Responsibility Law, Title 42, Article 7, C.R.S., when operating county maintained public roads. I Increased cooperation and collaboration between the petitioners, the USDA FS, and the DPW with regard to various OHV issues, including, but not limited to, being determined eligible to receive grant funding to support the USDA FS Alpine OHV Ranger Program Resolution Exhibit A, Page 3 of 4

11 PETITION PROPOSED BY: PETITION WRITTEN BY: DATE SENT TO THE COMMISSION: Hinsdale, Ouray, San Juan, and San Miguel Counties, acting by and through their Boards of County Commissioners Steven J. Zwick, San Miguel County Attorney, in consultation with Michael O'Loughlin, Hinsdale County Attorney; Martha Phillips Whitmore, Ouray County Attorney, and Paul Sunderland, San Juan County Attomey October 5,2012 ResolutiOIl Exhibit A, Page 4 of 4

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18 SAN JUAN COUNTY BOARD OF COMMISSIONERS REGULAR MEETING WEDNESDAY, October 24, 2012 AT 8:30 A.M. Call to Order: The meeting was called to order by Chairman Ernie KuWman. Present were Commissioners Terry Rhoades, Peter McKay, and Administrator William Tookey. Representatives from CDOT were present for their annual meeting with San Juan County. There was a consensus for CDOT, the Town of Silverton and San Juan County to work on the "Y". Commissioner Rhoades moved to approve the amended petition jointly sponsored by the Boards of County Commissioners of Hinsdale, Ouray, San Miguel and San Juan Counties requesting that the Parks and Wildlife Commission Amend #504 of the Off-Highway Vehicle Regulations to recognize the validity ofthe Petitioner's adopted Off-Highway vehicle Ordinances. Commissioner McKay seconded the motion. The motion passed unanimous. The Planning Director presented his montwy report. An update on Anvil Mountain was provided. Commissioner Rhoades moved to accept the 3rd Quarter Financial Report as presented by the County Administrator. Commissioner McKay seconded the motion. The motion passed unanimous. It was the consensus of the Commissioners to accept the appointments of Commissioner KuWman and Commissioner Rhoades to the 911 Authority Board. Having no further business the meeting adjourned at 11:45 AM. ~~9 fc;; ~~ I I~~~,{/4# EmestF. KuWman, Chairman

19 The Alpine Ranger Program (BLM) Annual Report September 20, 2012 Summary The 2012 Alpine Ranger season seems to have been a great success. With the support and guidance of the Sheriffs and Commissioners of San Juan and Hinsdale Counties, the Ranger was able to contact almost 4,000 Alpine Triangle guests who came to our beautiful area from 45 states and fourteen foreign countries. Those contacts resulted in numerous motorist assists and hiker assists, several warnings and two citations. There were no known complaints about the program and many visitors expressed their thanks for the presence of an officer within the Alpine Loop. The presence of BLM Rangers was much appreciated. They made a huge difference on the Fourth of July and Labor Day as well as throughout the season. The Numbers Item Contacts 2,404 3,968 Daily Average Contacts Motorist Assists Hiker Assists 3 13 Verbal Warnings Written Warnings 7 4 Citations 3 2 Miles driven 3,567 5,383 Days on Patrol Visitor Profiles During 2012, I contacted visitors from 45 states and 14 foreign countries. The only states not noticed this year were Hawaii, Connecticut, Delaware, Maine and Rhode Island. The foreign countries represented by our guests were Zimbabwe, Italy, Great Britain, Scotland, Ireland, France, Canada, Germany, Austria, Brazil, Japan, Holland, New Zealand and Austria. We had a dirt bike group from New Zealand comprised of seven middle aged men. They had started their road tour of the USA in Alabama and were ending it in Colorado. Their conclusion: they stored their bikes in Durango so they can return directly to this area next year and do not intend to go anywhere else. We had Jeep tours with participants from Japan, Brazil and Italy. Perhaps we should consider the national and international flavor of our guests when designing our area marketing programs.

20 Equipment The Jeep ran well all season. We had to replace the bushings on the front shock absorbers, add transmission fluid and change the air filter. The new tires worked quite well and made the Ranger s job easier. Normal annual maintenance should be done as in the past with additional checks of the shock absorbers and the brakes (both of which seem fine but a quick check could avoid future repairs). Right now, the Jeep Cherokee is the ideal vehicle for this job. When the four wheel drive or the transmission or the rear end will give up is anybody s guess. The potential major repair bill or replacement cost of the vehicle is the largest financial consideration of the program. A reserve account established to consider these potential expenses as well program enhancements would seem to be a good approach. Hinsdale County EMS supplied an Automatic External Defibrillator which together with the Ranger s personal Wilderness First Responder medical bag gave us additional service abilities. We had one serious medical event this year compared to four last year with no fatalities this year compared to one last year. Needs There is a definite need to develop a high quality, easy to understand document that summarizes the various OHV County and town ordinances, Colorado Parks regulations, Colorado Revised Statutes, BLM and USFS regulations. It is not user friendly to have all of these various rules and expect our guests to abide by them when they do not understand them. It would also seem timely to consider the erection of information kiosks at each entry point to the Alpine Loop. These kiosks could have permanent maps and regulation boards with handouts of the OHV regulations, maps, search and rescue information and law enforcement contact information. It would be good to have the BLM/USFS summer volunteers (if appropriate) to mark the public and restricted areas of the Loop. For example, there is no clear delineation of the parking lot at Animas Forks. It would be quite normal for a guest from the Southwest to drive out onto the grass and park. To tell them that they are subject to a heavy fine for parking there to eat lunch when the boundary lines are not clearly marked does not seem fair. There a few needs directly associated with the Ranger other than the replacement of the uniform shirts which have faded from their years in the sun. A professional appearance goes a long way to soften the situation when enforcement is required. Conclusion The Alpine Ranger program appears to be accomplishing the goals originally set forth by the Counties. The program now seems to be less OHV ordinance enforcement (although that must remain primary) and more a serve and protect duty that will enhance the experience of

21 our guests in the Alpine Loop. Continued financial support from numerous agencies and notfor-profit groups is essential to the future stability of the program. Support received from ATV groups, Trout Unlimited chapters and BLM divisions is vital. It is possible that extending this public support could include back country tours and rental agencies. These enterprises receive direct benefit from the Ranger program and might be happy to participate in underwriting it. The Alpine Ranger program has now concluded its fifth year and shows signs of accomplishing the initial goals and is now adding areas that will additionally benefit the Alpine Loop counties and towns. Respectfully submitted, Tom Reyburn, Alpine Ranger September 20, 2012 A picture being worth a thousand words, here are a few thousand more words: They will never think to look here. Car parked 75 feet off the road at Grizzly Gulch hiding in the bushes. Citation issued by BLM. The guy at the gas station said it would be OK. The entire exhaust system and part of the engine from a Ford Escape on Mineral Point Road.

22 Maybe we should reconsider that motto. This truck came within inches of rolling off the road on the hill above American Basin some 200 feet above the lower road. Eight passengers and a driver were lucky to get out of the truck without turning it over. The Alpine Ranger responded to this scene at 1440 June 29 th and remained on the scene until the passengers were transported to Ouray and the truck was retrieved at 2300.

23 Rocky Mountain Big Horn sheep are constant companions on the Loop. Our guests are treated to sheep (both domestic and wild), Mountain goats, Mule Deer, Elk and Moose as well as countless chipmunks and Marmots.

24 2012 ALPINE RANGER ANNUAL REPORT June 3 Sept. 3, 2012 Ouray County Patrol Areas: Canyon Creek E. Ophir Corkscrew Trailhead Engineer Trailhead Corkscrew Road Lower Engineer E. Black Bear Yankee Boy Basin E. Imogene San Miguel County Patrol Areas: W. Black Bear W. Imogene Bridal Veil W. Ophir San Juan County Patrol Areas: E. Black Bear Lower Poughkeepsie E. Ophir OURAY SAN MIGUEL SAN JUAN TOTAL COUNTY COUNTY COUNTY Contacts Residents Non-Residents Patrol Days Citations Warning Notices Verbal Warnings Miles Driven 3,165 SEASON SUMMARY Jeepers, 4-wheelers, and motorcyclists are having a wonderful time on the backcountry roads of the three counties. Families, clubs, friends, and individuals are delighted to enjoy a network of roads that take them into some of the most spectacular scenery in north America. Land managers should be proud of the unique recreational opportunities they have provided here.

25 Use continues to increase. Registration, permit, and/or license plate compliance is approximately 95% in the region. Non-compliance is most often a result of confusion regarding the laws, rather than intentional disregard. UTV (side-by-side) usage continues to increase. UHV numbers are nearly equal to 4- wheelers. UHVs allow more passengers and more family enjoyment. UHV design continues to move toward larger vehicles with more high-performance features. Trends in OHV design: bigger, lighter, faster. Theft, vandalism, and damage of backcountry signs continue to be a problem. The Imogene Pass sign was stolen in early June, with no replacement available all season. Signs should be protected against damage from snowplows. Replacement signs should be kept in storage and installed ASAP after theft or damage. Rental companies provide key first-time experiences to new riders. Rider safety and resource protection should be stressed during new rider orientation. Tour drivers offer a lot of help to the Alpine Ranger by reporting violations. The staging area at the Engineer Pass Road and Highway 550 can be dangerous on the busiest days. Limited parking at this site forced many riders to start at Corkscrew. The Corkscrew staging area functions very well, but a toilet is badly needed. Enough facilities? In the right places? Speeding and careless driving continue to be a concern. In general, motorcyclists tend to ride faster that the other backcountry motorists.

26 Mining operations along Canyon Creek are increasing. Expect more conflict between recreationists and mining traffic. Recreational riders should be warned about large trucks. Road improvements will likely create more speeding problems. Off-road and OHV clubs continue to provide important partnerships to land managers and valuable liaison with riders in the field. RECOMMENDATIONS FOR THE FUTURE Improve information provided to OHV owners and riders. Current laws and regulations are confusing. Utilize all methods, including signage, brochures, posters, websites, etc. Front-line employees and volunteers should receive better training on OHV laws and regulations. Clear, concise written material is desirable by next season. Use of old, outdated material should be discontinued. As more backcountry motorcyclists obtain license plates, will the Alpine Ranger enforce motor vehicle (Title 42) laws? Evaluate equipment needs for patrol vehicle and obtain priority items, including a PA system. EXPERTS ONLY! This bear can bite.