SAN JUAN COUNTY, COLORADO BOARD OF COMMISSIONERS MEETING AGENDA May 12, 2021 DUE TO THE COVID 19 EMERGENCY SAN JUAN COUNTY WILL CONDUCT ALL OF ITS PUBLIC MEETING VIRTUALLY UNTIL FURTHER NOTICE. THE INFORMATION NECESSARY TO CONNECT TO THIS PUBLIC MEEIING IS LISTED BELOW CALL TO ORDER: 8:30 A.M. Consider Bills and Authorize Warrants BOCC Regular Meeting Minutes for April 28, 2021 APPOINTMENTS: 8:40 A.M. - Becky Joyce, Public Health 9:00 A.M - Martha Johnson, Social Services 9:30 A.M. - Clark Anderson, Community Builders - Community Visioning Update 10:00 A.M. - Kimmet Holland - Ambulance Licensing 10:30 A.M. - Kirstin Brown, DRMS CORRESPONDENCE: OLD BUSINESS: BLM Travel Management Plan - Minnie Gulch NEW BUSINESS: Sales Tax Updates Commissioner and Staff Reports Public Comment OTHER: ADJOURN: Next Regular Meeting = 6:30 PM, Wednesday May 26, 2021 Join Zoom Meeting https:lIzoom.U Us//92136473203 Meeting ID: 921 3647 3203 One tap mobile +16699006833, 92136473203# US (San Jose) +12532158782, 92136473203# US (Tacoma) Dial by your location +1 69 00 6833 US (San Jose) + Z US (Tacoma) +1 346 7799 US (Houston) +1 646 3/6 9923 US (New York) +1 C 1 - 15 8592 US (Germantown) +1 799 US (Chicago) Meeting ID: 3203 SAN JUAN COUNTY BOARD OF COMMISSIONERS MET MAY 12, 2021 AND THE FOLLOWING BILLS WERE APPROVED FOR PAYMENT. 22862 JANN SMITH AUTOPSY ASSISTANT 100.00 22863 DEANNE GALLEGOS MAR 21 BILL 2281.52 22864 MAISEL EXCAVATION, LLC CH-HOSPITAL COAL 883.20 22865 THE FLOORING GUY DISTRICT COURTROOM 5687.50 22866 IMAGENET CONSULTING SHERIFFS COPIER USAGE 105.48 22867 VOID REPLACED CHECK 22887 22868 VAXCARE NURSE BILL 12.30 22869 AXXIS AUDIO COURTROOM WORK 1710.05 22870 BROWN BEAR CAFÉ 5 CHRISTMAS GIFT CERTIF 125.00 22871 BANK OF THE SAN JUANS FIREHOUSE PAYMENT 12838.70 22872 CITIZENS STATE BANK APRIL 21 APPT PAYMENT 5558.98 DD ABIGAIL H. ARMISTEAD SHERIFF DUPTY WAGES 3539.18 DD AMIE R. BICOCCHI NURSE ASSISTANT WAGES 1457.51 DD ANTHONY D. EDWARDS COMMUNICATION WAGES 2289.14 DD ARTHUR J. DONOVAN EPD WAGES 4450.58 DD AUSTIN P. LASHLEY COMMISSIONER WAGES 1477.04 DD BRANDI BLAKLEY NURSE ASSISTANT WAGES 3787.44 DD BRUCE T. CONRAD SHERIFF WAGES 3892.36 DD COLIN P. TROWER CUSTODIAN & SHOVELING 1852.41 DD DEANNA M. JARAMILLO TREASURER WAGES 3289.17 DD ELIZABETH KREMER APRIL 21 PAY 3690.75 DD ERNEST F. KUHLMAN COMMISSIONER WAGES 1986.91 DD HEATHER A. MACDOUGALL AD-AS-TR DEPUTY WAGES 2338.77 DD JOHN A. JACOBS SHERIFF DUPTY WAGES 1591.15 DD JON L. GULLION SHERIFF DUPTY WAGES 722.67 DD KERI METZLER CORONER WAGES 899.32 DD KIMBERLY A. BUCK ASSESSOR WAGES 3316.85 DD KRISTINA L. RHOADES SOCIAL SERVICE WAGES 2275.85 DD LADONNA L. JARAMILLO COUNTY CLERK WAGES 3305.72 DD LOIS MACKENZIE NURSE ASSISTANT WAGES 1362.23 DD REBECCA B. JOYCE COUNTY NURSE WAGES 3562.57 DD REBECCA J. RHOADES CUSTODIAN WAGES 1055.78 DD STEPHEN W. LOWRANCE UNDERSHERIFF WAGES 3885.73 22873 EVELYN V. ARCHULETA DEPUTY CLERK WAGES 1359. 34 22874 FRED W. CANFIELD SHOVELING WAGES 433.40 22875 JUAN RAMIREZ SHOVELING WAGES 802.68 22876 SCOTT L. FETCHENHIER COMMISSIONER WAGES 2029.91 22877 TOMMY WIPF VETS OFFICER WAGES 69.24 22878 WILLIAM A. TOOKEY ADMINISTRATOR WAGES 4546.00 22879 CITIZENS STATE BANK FEDERAL TAXES WITHHELD 20902.26 22880 CITIZENS STATE BANK STATE TAXES WITHHELD 3380.00 22881 GREAT-WEST LIFE & ANNUITY GROUP RETIREMENT 6565.08 22882 SAN JUAN COUNTY APRIL 21 H S A SAVINGS 1550.00 22883 ROCKY MOUNTAIN HEALTH MEDICAL INSURANCE 17742.04 22884 KANSAS CITY LIFE DENTAL & LIFE INSURANCE 1063.50 22885 AMWINS GROUP BENEFITS VISION INSURANCE 161.75 22886 AFLAC INDIVIDUAL INSURANCE 177.10 22887 VISA BILLS 3082.70 22888 ERNEST F. KUHLMAN REIMB SUPPLEMENTAL 192.50 22889 DR. JOEL, INC SET UP ARCHIVE DATA BASE 95.00 22890 STATE OF COLORADO DPA RENEWAIS-TILEREG 42.81 22891 WEX BANK SHERIFFS FUEL 973.34 22892 ALEXANDER CLARK PRINTING PARKING CITATIONS 434.11 22893 JANN SMITH TOXICOLOGY TESTINGS 882.00 22894 ROBERT GARDINER ADMINISTRATIVE WORK 115.00 22895 FRANCI LEE CLEANING/COVID TESTING 1344.00 22896 BRANDI BLAKLEY REIMB SUPPLIES 139.95 22897 KERI METZLER REIMB CLASSES 529.00 22898 ARTHUR. J. DONOVAN REIMB MILAGE 87.58 22899 DENNIS R. GOLBRICHT SERVICES RENDERED 3777.50 22900 SILVERTON AMBULANCE APR. 21 MONTHLY PAYMENT 7200.00 22901 SILVERTON AMBULANCE APR 21 MONTHLY PAYMENT 38333.33 22902 SILVERTON FIRE AUTHORITY 2ND QTR PAYMENT 9393.00 22903 SILVERTON HARDWARE NURSE-CUST SUPPLIES 63.82 22904 ARCASEARCH CORPORATION ANNUAL FEE MAR-DEC 21 3660.83 22905 ORETHOUGHTNET BILLS 759.39 22906 SAN MIGUEL POWER BILLS 3776.84 22907 SILVERTON LP GAS TANK FILL UPS 1176.76 22908 SILVERTO GROCERY SUPPLIES 81.10 22909 VERIZON SHERIFFS FUEL 117.02 22910 VOID 22911 HEATHER A. MACDOUGALL REIMB POSTAGE 9.35 22912 CIC ASSESSORS BILL 990.00 22913 SILVERTON STANDARD NURSES BILL 254.08 22914 TOWN OF SILVERTON W/S THRU 06-30-21 1037.06 22915 PUEBLO CO INFO SYSTEMS TREASURERS BILL 744.00 22916 SILVERTON STANDARD CLERKS RENEWAL 24.00 22917 VISA COMMUNICATIONS BILL 49.82 22918 CENTURY LINK SHERIFFS BILL 77.40 22919 DIGITCOM ELECTRONICS SHERIFFS BILL 1.66 22920 DEANNE GALLEGOS APRIL 21 BILL 2079.36 22921 LA PLATA DETENTION APRIL 21 JAIL BILL 520.00 22922 MAGENET CONSULTING SHERIFFS BILL 105.48 22923 JASON EBELHEISER COVID FILMING 1200.00 22924 CAMERON CROWELL MAR-APRIL 21 COVID TESTING 602.55 22925 DR. JOEL, INC NURSE COMPUTER FIX 118.75 22926 SJC HISTORICAL SOCIETY REIMB LAMP POSTS 1570.00 22927 SILVERTON FIRE AUTHORITY REIMB 17132.66 TOTAL GENERAL 248887.91 ROAD 6579 BLOWN AWAY SNOW REMOVAL 2 MONTHS SNOW REMOVAL 2700.00 DD DAVID L. ANDREWS ROAD FOREMAN WAGES 3594.47 DD LOUIS K. GIRODO ROAD OVERSEER WAGES 4413.31 DD MICHAEL C. MAXFIELD ROAD OPERATOR WAGES 3467.81 6580 CITIZENS STATE BANK FEDERAL TAXES WITHHELD 4231.10 6581 CITIZENS STATE BANK STATE TAXES WITHHELD 654.00 6582 GREAT-WEST LIFE & ANNUITY APRIL 21 GROUP RETIREMENT 946.08 6583 SAN. JUAN COUNTY APRIL 21 HS A SAVINGS 200.00 6584 ROCKY MOUNTAIN HEALTH PLAN MEDICAL INSURANCE 2294.96 6585 KANSAS CITY LIFE DENTAL & LIFE INSURANCE 248.20 6586 AMWINS GROUP BENEFITS, INC VISION INSURANCE 38.03 6587 AFLAC INDIVIDUAL INSURANCE 62.01 6588 VISA BILL 235.40 6589 SILVERTON HARDWARE BILL 7.99 6590 VOID 6591 SAN MIGUEL POWER BILLS 247.71 6592 SILVERTON LP GAS TANK FILL UPS 1201.40 6593 TOWN OF SILVERTON W/S THRU 6-30-21 566.01 6594 LAWSON PRODUCTS SUPPLIES 222.56 6595 ALSCO AMERICAN INDUST BILL 103.50 6596 FOUR CORNERS WELDING KOX-MAC 45.00 6597 SILVER SAN JUAN FUEL 4466.25 6598 CENTURY LINK BILL 152.55 TOTAL ROAD 30098.34 GENERAL 248887.91 ROAD 30098.34 TOTAL ALL FUNDS 278986.25 WERE ALLOWED SETTLEMENT IN FULL BY ORDER OF SAN JUAN COUNTY COMMISSIONERS. SCOTT L. FETCHENHIER, CHAIRMAN ERNEST F. KUHLMAN, COMMISSIONER AUSTIN LASHLEY, COMMISSIOER LADONNA L. JARAMILLO, CLERK SAN JUAN COUNTY BOARD OF COMMISSIONERS REGULAR MEETING WEDNESDAY, MARCH 24, 2021 AT 5:00 P.M. A work session was held to discuss the proposed revised flood plain documents. Call to Order: The regular meeting was called to order at 6:00 P.M. by Chairman Scott Fetchenhier. Present were Commissioner Austin Lashley, and Administrator William Tookey. Commissioner Kuhlman attended via Zoom. The general public attended via Zoom. Commissioner Kuhlman moved to approve the minutes of April 14, 2021 with the corrections as requested by Commissioners Fetchenhier and Lashley. Commissioner Lashley seconded the motion. The motion passed unanimous. The Commissioners reviewed the letter that the CAG had submitted to the EPA addressing their concerns with the Bonita Peak Mining District Superfund. The Commissioners raised the concern ofthe EPA not using local contractors and their limiting local spending. The Commissioners discussed the upcoming meet and greet with CDOT and identified topics of local concern for discussion. The issues included safety at the "Y"intersection, pedestrian safety on the Cement Creek Bridge on Greene St., winter recreation parking, avalanche safety and information and fire danger messaging. Jim Donovan was present to discuss the proposed Evacuation and Re-Entry Plan and wildfire preparedness. A Public Hearing was held to consider a Colorado Liquor Retail License Application for The Lift at Cascade, LLC. The applicants Christina Doffermayre and Madeline Denden informed the Commissioners that they had 24 years of restaurant management experience and that the business would be a family friendly restaurant that would serve alcohol. Members of the public raised the concerns of driving safety and the number of liquor establishments already located within a 5-mile area. Other members of the public spoke in support of the proposed business and felt it would be a great asset to Cascade Village. After giving everyone an opportunity to make their comments and to question the applicant, Chairman Fetchenhier closed the public hearing at 7:57 P.M. Commissioner Fetchenhier then recused himself from the discussion and vote because he owns a couple of property parcels at Cascade Village. Commissioner Lashley moved to approve the liquor license as submitted. Commissioner Kuhlman seconded the motion. The motion passed with Lashley and Kuhlman voting yes and Fetchenhier abstaining. Fire Chief Gilbert Archuleta was present to request additional funding to complete the mezzanine. Commissioner Lashley moved to approve an additional $5000 be appropriated to the mezzanine project. Commissioner Kuhlman seconded the motion. The motion passed unanimous. At the request of Region 9, it was the consensus of the Commissioners to submit a letter of support for a regional Rural Colorado COVID-19 Economic Recovery and Resiliency Planning Grant. A proposed Memorandum ofUnderstanding between San Juan Basin Public Health and San Juan County Public Health was presented to the Commissioners. After considerable discussion Commissioner Lashley moved to approve the MOU as presented. Commissioner Kuhlman seconded the motion. The motion passed unanimous. It was the consensus ofthe Commissioners to meet with SJBPH prior to the renewal ofthe MOU to determine exactly what services they were providing to San Juan County. Having no further business, the meeting adjourned at 9:15 P.M. Scott Fetchenhier, Chairman Ladonna L. Jaramillo, County Clerk 5/11/2021 San Juan County Mail - San Juan County Residents Vaccination Stats Gmail Willy Tookey <admin@sanjuancolorado.us> San Juan County Residents Vaccination Stats 1 message SJC CO Office of Emergency Managment po@sanuancooracous" Tue, May 11, 2021 at 2:01 PM Reply-To: po@sanpuancolorado.us To: adminstrator@sanuancolorado.uS San Juan County COVID-19 Vaccination Status San Juan County, Colorado Every County hasa goal of having 758 of their eligible population immunized by 7/4/2021 5/11/2021 Patients with 1+ Doses Patients Up-T To-Date Patients Needing 2nd Dose San Juan County currently has 67.3% 80.9% 67.3% 13.6% of our residents DOLAI ous nate lers fully vaccinated, and 13.6% of residents need the 2nd dose. Silverton CO: San Juan County Public Health announces that we have 67.3% of our residents fully vaccinated from COVID-19. San Juan County has the highest community participation rate in the entire State of Colorado. "Patients up to date" indicates those residents who are fully vaccinated and have received both doses while 13.6% of residents need the second dose. Find detailed Vaccine data by County here: Vaccine data I Colorado COVID-19 Updates Benefits of being fully vaccinated: Ify you are exposed to COVID-19, you no longer have to quarantine or miss any work If you arc indoors with others who arc vaccinated, you no longer nocd to wear a mask Ifyou are wanting to travel outside the country, you will not have to quarantine upon arrival or return Ify you have senior citizens in your life, you can feel confident spending time with them in person San Juan County Public Health currently offers the two-dose Moderna vaccine and the one-dose Johnson & Johnson vaccine on Tuesday's each week. Getting a vaccine here in San Juan County is easily accessible and easily scheduled. SJCPH urges everyone to get vaccinated as soon as possible. Please call 970 387-0242 or call/text 970-919-0130 to schedule an appointment or book online: San Juan County website. You may also call or text if you need COVID-19 testing, Monday- Thursday mornings. htps/mai.google.com-malluo7k-laseaeb2lesvew-plsearchealapemhc-hvead-P3A16994934980325892736simpl-msg-Pa3A169949349603. 1/3 5/11/2021 San Juan County Mail - San Juan County Residents Vaccination Stats The Food and Drug Administration cleared the first coronavirus vaccine for emergency use in children as young as 12 for the Pfizer vaccine. The State of Colorado is expected to approve for use by May 12, 2021. Continue to stay up to date by visiting: cvd19colorado.gv. CLICK HERE TO READ PRESS RELEASE ### Please direct all media inquiries to San Juan County Public Information Officer DeAnne Gallegos at (970) 403-9951 or po@sanuancoorado.us To sign up for the updates from the Office of Emergency Management and San Juan County Public Health, email po@sanluancolorado.us to get on the email list. Make sure to sign up for emergency alerts through Nixle for San Juan County. Text 81433 to 888-777. Thank you: DeAnne Gallegos Public Information Officer San Juan County Office of Emergency Management po@sanuancolorado.us San Juan County Colorado Website 000 JUAN COLP GAN R VBRTON San Juan County CO Office of Emergency Management I PO Box 184, Silverton, CO 81433 Unsubscribe administrator@saniuncolorado.us Constant Contact Data Notice Sent by po@sanpancolorado.us powered by htps./mailgoogle.comimalluo7k-taseaebleive-plisearch-allpermhc-hread3A16999349809256862726simpl-msg-3A16949349603. 2/3 SAN JUAN COUNTY DERARYMENT OF SOCIAL SEAVICES Department of Soclal Servlces Phone 970-387-5631 Fax 970-387-5326 Martha Johnson, Director 2/28/2021 Date 4/13/2021 Vendor Type Date Num Memo Split Amount LAI PLATA COUNTY DEPT OF HUMAN SERVICES Check 01/15/2021 11554 -SPLIT- 190.00 OFFICE DEPOT Check 02/28/2021 11558 Order # 148256335-001 500.1 100 EXPENSE-Administraton 282.04 SAN. JUAN COUNTY Check 01/31/2021 11559 Jan 2021 K. Rhoades -SPLIT- 3,891.75 SILVERTON FAMILY LEARNING CENTER Check 01/15/2021 11555 Invoice 1621 500.150 EXPENSE-Colorado Works 5,693.86 Sflverton Public Schools Check 01/15/2021 11556 500,150 EXPENSE-Colorado Works 11,000.00 TOTAL $20,857.65 1, MARTHA. JOHNSON, Director of Social Services of San Juan County of Colorado, hereby certify that the payments listed above are available fori inspection and have been paid to the payees listed. Mactto 5-6-2031 MARTHAJ JOHNSON 1,5 Scott Fetchenhier, Chairman of the San Juan County Board of Commissloners, hereby certify that the payments as set forth above have this date been approved and warrants in payment thereof issued upon the Social Services Fund. Scott Fetchenhier Post Office Box 376 Silverton, CO 81433-0376 (970)387-5631 11:20 AM San Juan County Social Services 04/13/21 Cash Basis Profit & Loss Budget VS. Actual January through December 2021 TOTAL Jan21 Feb21 Jan Dec 21 Budget Ordinary IncomeExpense income 400.010 Property Tax Current 1,827.60 1,827.60 3,655.20 12,900.00 400.020 Specific Ownership tax 105.58 105.58 211.16 850,00 400.030 Delinquent Property Tax 0.00 0.00 0.00 24.00 400.040 Penalties/Int on' Tax 0.03 0.03 0.06 24.00 400,100 REVENUE-Administation 3,377.38 3,171.40 6,548.78 70,000.00 400.110 REVENUE-Adult Protectio 0.00 33.42 33.42 3,202.00 400.120 REVENUE-Child Care 5,975.17 267.90 6,243.07 8,390.00 400.130 REVENUE-Child Suppart 0.00 0.00 0.00 990.00 400.140 REVENUE-Chlld Welfare 850.52 379.41 1,229.93 23,506.00 400,145 REVENUE-CSGB Grant 0.00 0.00 0.00 1,000.00 400.150 REVENUE-Colorado Works 10,865.94 284.08 11,150.02 52,093.00 400.1 160 REVENUE-Core Services 2,000.00 2,000.00 4,000.00 23,254.00 400.180 REVENUE-EOC 0.00 0.00 0.00 400.200 REVENUE-LEAP 122.47 166.34 288.81 1,500.00 400.210 REVENUE-OAP 77.24 73.10 150.34 1,700.00 400.220 REVENUE-Program Refunds 0.00 0.00 0.00 550.00 Total Income 25,201.93 6,308.86 33,510.79 199,983.00 Expense 500,100 EXPENSE-Admihnistraton 4,824.23 5,161.11 9,985.34 82,000.00 500.110 EXPENSE-Adult: Protectio 75.00 0.00 75.00 4,000.00 500.120 EXPENSE-Child Care 79.75 79.75 159.50 9,300.00 500.130 EXPENSE-Chlid Support 1.36 0.00 1.36 1,500.00 600.140 EXPENSE-Child Welfare 188.58 0.00 188.58 26,000.00 500.145 EXPENSE-CSGB Grant 0.00 0.00 0.00 1,000.00 500.150 EXPENSE-Colorado Works 16,727.72 482.72 17,210.44 58,000.00 500.160 EXPENSE-Core Services 2,000.00 2,000.00 4,000.00 24,000.00 500.180 EXPENSE-ncome Maint 0.00 119.38 119.38 500.200 EXPENSE-LEAP 122.50 166.34 288.84 1,500.00 500.210 EXPENSE-OAP 0.00 0.00 0.00 2,000.00 600.100 RNS-Adminlstration 1,379.02 1,203.28 2,582.30 600.110 RMS-Adult Protection -76.78 -41.77 -118.55 600.120 RMS-Chlld Care 0.00 -269.32 -289.32 600.140 RMS-Child Welfare -845.57 -472.73 -1,318.30 600.150 RMS-Colorado Works -379.43 -346.36 -725.79 600.210 RMS-OAP -77.24 -73.10 -150.34 Total Expense 24,019.14 B,009.30 32,028.44 209,300.00 Net Ordinary Income 1,182.79 299.56 1,482.35 9,317.00 Net Income 1,182.79 299.56 1,482.36 -9,317.00 Page 1 of1 2/28/2021 Stak Sscal Vear % offisçal Yéar Allocations Expenditures Remalhing Remaining Rémaining APS Admin 2,003 42 1,961 98% 33% APS Client 2,000 0 2,000 100% 33% CDHS County Admin 80,762 17,273 63,490 79% 33% Child Care 9,347 2,285 7,062 76% 33% Child Welfare 100% 2,432 119 2,313 95% 33% Child Welfare 80/20 26,003 4,476 21,527 83% 33% Child Welfare PRTF 1,171 0 1,171 100% 33% Colorado Works 44,697 18,956 25,741 58% 33% CORE 100% 16,276 16,000 276 2% 33% Trending High CORE 80/20 U -ok-spiit 8,724 8,724 100% 33% HCPF Enhanced 37,799 10,477 27,321 72% 33% HCPF Regular 20,532 2,514 18,018 88% 42% LEAP Outreach 337 471 -134 40% 42% Trending High ok Stalewide. SEAP 374 0 374 100% 42% SNAP Incentive 97 97 0 0% Grand Total 252,748 72,710 180,038 SAN JUAN COUNTY DEPARTMENT OF SOCIAL SERVICES Department of Social Services Phone 970-387-5631 Fax 970-387-5326 Martha Johnson, Director 3/31/2021 Date 5/4/2021 Vendor Type Date Num Memo Split Amount La Plata County Check 03/31/2021 11565 -SPLIT- 3,425.77 Rhoades, Krissy Check 03/24/2021 11563 500.100 EXPENSE-Administration 123.20 San Juan Cty Check 03/31/2021 11564 -SPLIT- 4,357 18 TOTAL $ 7,906.15 1, MARTHA. JOHNSON, Director of Social Services of San Juan County of Colorado, hereby certify that the payments listed above are available for inspection and have been paid to the payees listed. * Marto hVAE MARTHA 5-6-3031 JOHNSON 1, Scott Fetchenhier, Chairman of the San. Juan County Board of Commissioners, hereby certify that the payments as set forth above have this date been approved and warrants in payment thereof issued upon the Social Services Fund. Scott Fetchenhier Post Office Box 376 Silverton, CO 81433-0376 (970)387-5631 3:30 PM San Juan County Social Services 05/04/21 Cash Basis Profit & Loss Budget VS. Actual January through December 2021 Ordinary Income/Expense Jan21 Feb21 Mar21 Jan Dec 21 Budget Income 400.010 Property Tax Current 1,827.60 1,827,60 1,827.60 5,482.80 12,900.00 400.020 Specific Ownership tax 105,58 105.58 105.58 316.74 850.00 400.030 Delinquent Property Tax 0.00 0.00 0,00 0,00 24.00 400.040 Penalties/Int on Tax 0,03 003 0.03 0.09 24.00 400.100 REVENUEAdminstration 3,377.38 9,375,72 3,670.39 16,423,49 70,000,00 400.110 REVENUE-Aduit Protectio 0.00 100.26 -31.10 69.16 3,202.00 400.120 REVENUE-Child Care 5,975,17 644.20 162.34 6,781.71 8,390.00 400.130 REVENUE-Child Support 0.00 0.00 109.44 109.44 990.00 400.140 REVENUE-Child Welfare 850.52 1,138,23 309.11 2,297.86 23,506,00 400.145 REVENUE-CSGB Grant 0.00 0.00 539,37 539.37 1,000.00 400.150 REVENUE-Colorado Works 10.865,94 24.82 -133,44 10,707.68 52,093.00 400.160 REVENUE-Core Services 2,000.00 6,000.00 2,000.00 10,000.00 23,254.00 400.180 REVENUE-EOC 0.00 0,00 200.00 200.00 400.200 REVENUE-LEAP 122.47 499.02 78.36 699.85 1500.00 400.210 REVENUE-OAP 77.24 219.30 158.62 455.16 1,700.00 400.220 REVENUE-Program Refunds 0.00 0.00 0.00 0.00 550.00 Total Income 25,201.93 19,885.12 8,996.30 54,083.35 199,983.00 Expense 500.100 EXPENSE-Administraton 4,824,23 5,161.11 5,273.67 15.259.01 82,000,00 500.110 EXPENSE-Adult: Protectio 75,00 0,00 0,00 75.00 4,000.00 500.120 EXPENSE-Child Care 79.75 79.75 0,00 159.50 9,300.00 500.130 EXPENSE-Child Support 1.36 0.00 165.82 167.18 1.500,00 500.140 EXPENSE-Child Welfare 188.58 0.00 0.00 188.58 26 000.00 500.145 EXPENSE-CSGB Grant 0.00 0.00 0,00 0,00 1,000.00 500.150 EXPENSE-Colorado Works 16,727.72 482.72 85.34 17,295.78 58.000,00 500.160 EXPENSE-Core Services 2,000,00 2,000.00 2,000.00 6,000.00 24,000,00 500,180 EXPENSE-income Maint 0.00 119.38 302.95 422.33 0,00 500.200 EXPENSE-LEAP 122.50 166.34 78.37 367.21 1,500.00 500.210 EXPENSE-OAP 0.00 0.00 0.00 0.00 2,000.00 600.100 RMS-Administration 1,379.02 3,609.84 1,169.14 6,158.00 0.00 600.110 RMS-Adult Protection -76.78 125.31 -51.69 -253.78 0.00 600.120 RMS-Child Care 0.00 -807.96 -242.09 -1,050.05 0.00 600.140 RMS-Child Welfare -845.57 -1,418.19 -385.18 -2,648.94 0.00 600.150 RMS-Colorado Works -379.43 -1,039.08 -331.56 -1,750.07 0.00 600.210 RMS-OAP -77.24 -219.30 -158.62 -455,16 0.00 Total Expense 24,019.14 8,009.30 7,906.15 39,934.59 209,300.00 Net Income 1,182.79 11,875.82 1,090.15 14,148.76 -9,317.00 Page 1 of1 3/31/2021 State fiscalyear FIPS 111 % of Fiscal % Year Program Allocation Expenditures Remaining Remaining Remaining APS Admin 2,003 3 2,000 100% 25% APS Client 2,000 J 2,000 100% 25% CDHS County Admin 80,762 19,330 61,433 76% 25% Child Care 9,347 2,527 6,820 73% 25% Child Welfare 100% 2,432 124 2,308 95% 25% Child Welfare 80/20 26,003 4,856 21,147 81% 25% Child Welfare PRTF 1,171 1,171 100% 25% Colorado Works 44,697 20,250 24,447 55% 25% CORE 100% 16,276 18,000 -1,724 -11% 25% Trending High ckay CORE wy 80/20 8,724 8,724 100% 25% 2 M 4 CW Educational Stability 193 193 100% 25% HCPF Enhanced 37,799 12,360 25,439 67% 25% HCPF Regular 20,532 2,859 17,673 86% 25% LEAP Outreach 337 550 -213 -63% 25% Trending High AL 6 SEAP 374 374 100% 25% Gnds SNAP Incentive 97 97 0 0% Grand Total 252,748 80,955 171,793 1059% SAN JUAN COUNTY COLORADO 1557 GREENE STREET P.O. BOX 466 SILVERTON, COLORADO 81433 PHONE/FAX 970-387-5766 jumoumy@frontieraet Jamie Connell Colorado State Director Bureau ofLand Management 2850 Youngfield St. Lakewood, CO 80215 blm co suatedirector@bimgoy Subject: Request to Rescind the Minnie Gulch Motorized Trail Authorization in the Silverton Travel Management Plan (STMP) Dear Director Connell, We write to request that you use your discretion to rescind the authorization for motorized use in the Minnie Gulch valley and withdraw that portion of the STMP. In approving motorized trail construction, then- Gunnison Field Office (GFO) Manager Elijah Waters ignored the advice of his staff archaeologist. Instead, as is documented in emails obtained under the FOIA, he granted the wish of motorized user groups who, along with a construction contractor, had already pre-decisionally surveyed a motorized trail route on the ground. San Juan County opposes constructing a new motorized trail in Minnie Gulch for several reasons. First, we are concerned about the damage that will be done to the tundra and are concerned that motorized use would result in braided trails, erosion, and other environmental damage. Moreover, the County has an interest in maintaining some areas and trails within the County as non-motorized, as we have repeatedly heard from our constituents that this is important. Finally, the County suffers financial impacts from motorized use in Minnie Gulch, due to an expected increased need for Search and Rescue, operations of the County Sheriff' S Department, and the Alpine Ranger Program due to increased activity- -indeed more dangerous, motorized activities--in Minnie Gulch. The Minnie Gulch valley is a pristine alpine environment in San Juan County. See Ex. 1. It contains a trail that is an important remnant ofi indigenous Ute Indian travel routes through the San Juan Mounlains. In the STMP of September 21, 2020, the GFO allowed a new trail for motorized use to be cut in the tundra through Minnie I As you know, BLM has the authority to rescind a decision, whether or not it has been challenged. E.g., BLM withdrew a decision that had been appealed to the Interior Board of Land Appeals ("IBLA") after appellants pointed out errors in BLM's review and approval process. Southern Utah Wilderness Alliance, IBLA 2020-356 (Sept. 30, 2020) (granting BLM's motion to vacate and remand a decision to approve nearly 20,000 acres of clearcutting in Utah). Further, Secretarial Order 3395 and the March 19, 2021 memorandum from the Assistant Secretary for Lands and Minerals ("ASL.M") describe categories of decisions for which ASLM review is required prior to taking final action. Two categories apply to the Minnie Gulch decision: NEPA analysis related to pending litigation where it may impact (1) lands with wilderness characteristics and (2) lands with special designations. Minnie Gulch qualifies as lands with wilderness characteristics and is adjacent to the Handies Peak Wilderness Study Area. Moreover, the approval will impact lands with special designations, namely the Continental Divide National Scenic Trail. Thus, using your discretion to rescind the approval to construct a new, motorized trail in Minnie Gulch is particularly appropriate because of the higher level of scrutiny this Administration applies to decisions with certain characteristics, Gulch valley? BLM archaeologists agreed with local tribes that motorized use would cause adverse effects on cultural resources in the area. The Environmental Assessment conceded that "impacts from construction and motorized use of a new route would compromise the integrity ofthe cultural landscape and setting which would adversely affect the Ute Trail" in Minnie Gulch and that a "singletrack motorized use would cause an increase in soil loss that can accelerate down-cutting within a segment of Ute Trail and can unearth fragile prehistoric features within historic properties. 4 However, the final decision ignored the recommendations of BLM staff (with whom the SHPO concurred) that Minnie Gulch remain non-motorized to avoid adverse effects on cultural resources." Argument The decision to open the Minnie Gulch valley to motorized use is the result ofi impermissible coordination between GFO staff and motorized recreation advocates. While BLM is working on a NEPA document, regulations preclude the agency from making any decisions that limit the scope of available alternatives. 0 The extensive coordination between BLM and the motorized user groups reveals that the decision to create a new motorized trail in Minnie Gulch was all but tinalized before publication ofthe final EA, which limited BLM's consideration of alternatives. You should rescind the decision to prevent impermissible political influence from outside groups to push the BLM to a decision that contradicted its own internal assessments and violated legal requirements. OHV User Groups Planning and Coordination with Contractors The Trails Preservation Alliance (TPA) and San Juan Trail Riders (SJTR) ("OHV user groups") had the idea to create a motorized trail through Minnie Gulch, spent years planning the project, developed a construction plan with a private trail construction contractor, and actively lobbied the BLM to support their proposal. In August 2019 - over a year before the final EA and six months before the preliminary EA - these groups surveyed the potential trail with a private contractor, who stated that he was "primarily recommending two (2) adjustments of >7 the existing trail . once the trail is re-designated for multiple use. After committing extensive resources to the project, the OHV user groups were determined to add this motorized trail to their map. In their view, concerns from tribes about the legally insufficient consultation on impact to cultural resources were "last minute tactics that are now being initiate[d] by certain anti access groups. 98 They argued that BLM should consider "It]he work and money all ready [sic] spent in support ofthe project, and the re hab [sic] cost of repairing the Minnie trail" and ignore the concerns from local tribes.? By the time the final EA was under consideration, some TPA members had "been working on the Minnie project for the past 2 years" and questioned why progress was not to their satisfaction. 10 Pre-Decision Coordination Between BLM and OHV User Groups 2 The STMP Decision Record was signed on September 21, 2020. San Juan Citizens Alliance and the Board of County Commissioners of San Juan County filed a timely appeal of the decision. Notice of Appeal, No. IBLA-2021 1-0016 (Oct. 19, 2020). That appeal and a petition for stay of the decision to allow motorized access in Minnie Gulch are pending. Petition for Stay, No. IBLA-2021-0016 (Apr. 27, 2021) 31 BLM Section 106 Concurrence Letter to Colorado SHPO (Jan. 8, 2020) ("Concurrence Letter"). 4 Final EA, AR 7.03-19 at 59. 5 See Concurrence Letter (recommending that Minnie Gulch remain non-motorized). 6 See 40 C.F.R. Part 1500. 7 Letter from Casey McLellan, McStone Aggregates, to Don Riggle, Trails Preservation Alliance, and Allen Christy, San Juan Trail Riders (Aug. 26, 2019), AR 6.02-13. 8 E-mail from Don Riggle, Trails Preservation Alliance, to Suzanne Copping, BLM (Feb. 19, 2020, 06:26 PM), AR 3.06-4 9 E-mail from Don Riggle, Trails Preservation Alliance, to Suzanne Copping, BLM (Feb. 19, 2020, 06:26 PM), AR 3.06-4. 10 E-mail from Don Riggle, Trails Preservation Alliance, to Elijah Waters, Gunnison Field Manager (Aug. 20, 2020, 08:47 AM), AR4.01.12-85 The extensive communications between BLM and the OHV user groups over the two years prior to the release ofthe EA showa coordinated effort to develop a plan, design a route, and secure access = everything short of committing to the decision in writing. BLM staff relied on the plan generated by the contractor working with the OHV user groups as the starting point for their proposed routing ofthe Minnie Gulch trail. 11 Additionally, after we, San Juan County, raised concerns about potential right of way issues, BLM staff advised the OHV user groups on their best course of action. 12 TPA reacted by calling the County actions "a form ofblack mail," and said they "would like to know what the BLM is going to do about that. 13 BLM staff then planned a meeting with representatives ofthe OHV user groups that they explicitly wanted to be a "small group" because "its critical that the discussions don't get out. 14 Less than two weeks after that meeting, TPA staffinformed the BLM that they had secured approval from both landowners that were necessary to allow access. 15 After BLM re-opened public comment on the preliminary EA, BLM staff personally explained how OHV user groups could help BLM.16 The next day, a BLM staff member wrote that "I have been in touch with Don from TPA on this issue almost daily. I am going down to Durango to further discuss it with the San Juan Trail Riders. STJR [sic] and TPA are upset but still actively engaged.. 9917 Post-Decision Relationship Between BLM and OHV User Groups The actions of BLM and the OHV user groups after the decision was finalized show collaboration with the goal ofc creating a motorized trail in Minnie Gulch, where the decision was a mere formality. Shortly after finalizing the decision, BLM directly requested help from the OHV user groups: We've got a lot of things going on, and with Jim being gone we are down two rec planners. Ifyou guys could GPS and mark some proposed routes that would help a lot." 918 Less than two weeks later the OHV user groups responded with a report: "The work you requested for a proposed routing of a new Minnie Gulch multi-use trail was completed last Thursday October 8th by our project team. The proposed trail building contractor Mr. Casey McClelland participated as a part of the team. There were 28 working man hours, 8 travel hours, 200 pin flags, 40 stakes and associated flagging utilized to complete the task. >19 Within days of the decision, the OHV user groups, along with the contractor with whom they had begun work more than eighteen months prior, were engaged in on the ground field work at the request of BLM staff. Conclusion The decision to create a motorized trail in Minnie Gulch should be rescinded. BLM failed to comply with its legal obligation to rely on the assessment ofi its own staff that motorized use would have an adverse impact on the cultural resources oft the Minnie Gulch area, and to independently analyze the impacts ofthe different alternatives. Instead, the BLM engaged in extensive coordination with OHV user groups that were actively pursuing this specific trail for years and, in the process, ignored the mandates of NEPA and the NHPA, as described in our appeal of the decision. We respectfully request that you use your discretion to rescind the GFO's approval of constructing and opening a new motorized trail in Minnie Gulch, which will protect I E-mail from Andrew Welsh, BLM, to Rachel Miller, BLM (Sept. 5, 2019, 09:18 AM), AR 4.01.12-89. 121 E-mail from Elijah Waters, Gunnison Field Office, to Don Riggle, Trails Preservation Alliance (July 16, 2019, 11:04 AM), AR 04.01.12-66. 13 E-mail from Don Riggle, Trails Preservation Alliance, to Elijah Waters, Gunnison Field Office (July 16, 2019, 04:31 PM), AR 04.01.12-66. 14 E-mail from Elijah Waters, Gunnison Field Office, to Andrew Welsh and Stuart Schneider, BLM (July 17, 2019, 08:05 AM), 04.01.12-67. 15 E-mail from Andrew Welsh, BLM, to Elijah Waters, Gunnison Field Office (July 29, 2019, 12:41 PM), 04.01.12-72. 16 E-mail from Andrew Welsh, BLM, to Allen Christy, San Juan Trail Riders (Dec. 4, 2019, 03:30 PM), AR 3.06-5. 171 Internal E-mail from Andrew Welsh, BLM (Dec. 5, 2019, 12:55 PM), AR 4.01.10-27. 18 E-mail from Elijah Waters, Gunnison Field Manager, to Don Riggle, Trail Preservation Alliance (Sept. 29, 2020, 05:15 PM) (FOIA Request at 19). 19 E-mail from Allen Christy, San Juan Trail Riders, to Kristi Murphy, BLM Outdoor Recreation Planner, and Jim Lovelace, BLM Outdoor Recreation Planner (Oct. 11, 2020 06:28 PM) (FOIA Request at 30). important cultural resources and ensure that the Minnie Gulch valley remains the pristine natural resource that Coloradans have enjoyed for centuries. Sincerely, Scott Fetchenhier, Chairman San Juan County Commissioners CC: Nada Culver, Deputy Director of Program, BLM Nada Culver@blm.goy Laura Daniel-Davis, Principal Deputy Assistant Secretary Land and Mineral Management, US Department of the Interior laura dmisaaisiosdeigox Stephanie Connolly, Acting Associate Colorado State Director, BLM blm CO statedirector@bimgoy John Whitney john whimydlmsisnisgoy EXHIBIT 1 Minnie Gulch in summer (used with permission). ntps/debravanwinegandem.lepatsom20l4uZhalfrakHl-hounlas-summit.html) UNITED STATES DEPARTMENT OFTHE INTERIOR OFFICE OF HEARINGS AND APPEALS INTERIOR BOARD OF LAND APPEALS San Juan Citizens Alliance, ) IBLA 2021-016 San Juan County Board of Commissioners) Appellants ) Appeal of Colorado BLM V. ) Gunnison Field Office ) Silverton Travel Management Plan ) DOI-BLM-CO-F070-2019-0008-EA BUREAU OF LAND MANAGEMENT ) ) Respondent. BLM's OPPOSITION TO PETITION FOR STAY Under 43 C.F.R. S 4.21(b)(3), the Bureau of Land Management (BLM) files this opposition to the Petition for Stay filed by San Juan Citizens Alliance (SJCA) and the San Juan County Board of Commissioners County/(collectively Appellants), in the above captioned appeal. Appellants have appealed the September 21, 2020 decision by the Gunnison Colorado BLM Field Office approving the Silverton Travel Management Plan, particularly Component 2 of the decision, which authorizes a change in designation to allow motorized singletrack travel on a new 1.6 mile segment of trail to be constructed in Minnie Gulch. On November 3, 2020, the Board docketed this appeal as IBLA-2021-016. Appellants filed their statement of reasons on December 16, 2020. In another appeal of the Silverton Travel Management Plan decision, docketed as IBLA 2020-017, Backcountry Hunters and Anglers briefing was completed on February 2, 2021. Appellants previously requested the Board to consolidate IBLA 2021-016 and -017, but on December 11, 2020, the Board denied the motion, finding that consolidation was not appropriate at that time. BLM took no position on the motion to consolidate. BLM then filed its answer on February 16, 2021. On March 9, 2021, Appellants filed a reply to BLM's answer. Then, on April 27, 2021, Appellants filed a petition for stay arguing that "BLM's decision to construct and open a new trail in Minnie Gulch to motorized use will result in irreparable and immediate harm absent a stay." Appellants argue that "irreparable harm is now imminent as construction could begin as soon as July 1, 2021"2 Appellants repeat the arguments from their statement of reasons, and include a new declaration from Dr. Tim Seastedt, a professor and researcher from the University of Colorado and researcher with the Institute of Alpine and Arctic Research, to provide his expert opinion on the impacts of the proposed new trail segment. However, Dr. Seastedt admits he has not visited the Minnie Gulch area.3 Dr. Seastedt also did not provide any comments on the environmental assessment during the public comment period in 2019. Based on the attached declaration of BLM Acting Field Manager Brady Owens, BLM has stated that it must complete several tasks before any construction or ground disturbing activities in Minnie Gulch take place. Because these planned activities have not yet taken place, BLM does not consider it likely that any construction would occur before October 2021, or the summer of 2022. Given this, as the following discussion shows, Appellants have failed to meet their obligation to demonstrate the likelihood ofimmediate and irreparable harm if a stay is not granted, and therefore their request for stay should be denied. - Petition for Stay at 20. Id. at 1. 3 Seastedt declaration paragraph 7. -2- BACKGROUND The background of the Silverton Travel Management Plan (STMP) was previously described in BLM's Answer and BLM incorporates that discussion as if set forth fully herein. Appellants raised two issues on appeal, claiming BLM violated the National Historic Preservation Act by failing to consult, and that the decision "fails to conform to the relevant Resource Management Plan ("RMP") and fails to properly analyze impacts oft the proposal to allow motorized use in Minnie Gulch."4 In its answer, BLM described why its decision to authorize the new 1.6 mile trail segment complied with the NHPA and FLPMA. BLM also explained that the County does not have standing under the doctrine of parens patriae to appeal to the Board on behalf of its citizens. Now, in their Petition for Stay Appellants contend that "post decision emails demonstrate BLM's intent to move forward quickly with trail construction this summer once the trail is surveyed and snow conditions permit construction. "5 However BLM's Acting Field Manager has stated that given the number of tasks BLM must complete before construction can begin, construction is not likely until October 2021 at the earliest and more likely will take place in the summer of 2022.6 STANDARD OF REVIEW Under the Board's regulations, an appellant seeking a stay must show sufficient justification based on four criteria "(1) the relative harm to the parties if the stay is granted or denied, (2) the likelihood of the appellant's success on the merits, (3) the Statement of reasons at 1. 5 Petition for Stay at 7. 6 Owens Declaration paragraph 11. - 3- likelihood of immediate and irreparable harm to the appellant or resources if the stay is not granted, and (4) whether the public interest favors granting a stay. "7 Appellants bear the burden of showing, by a preponderance of evidence, that a stay is warranted by satisfying each of these criteria.8 To' "establish the preponderance of the evidence means to prove that something is more likely SO than not so; in other words, the preponderance of the evidence' means such evidence, when considered and compared with that opposed to it, has more convincing force and produces in your minds belief that what is sought to be proved is more likely to be true than not true.' "9 Failure to satisfy any one of these criteria justifies denial of the request for stay.10 As the discussion below shows, because BLM is not likely to begin any construction until October 2021 at the earliest, Appellants' claims of immediate and irreparable harm are not likely and therefore the petition for stay should be denied. DISCUSSION Appellants Have Not Demonstrated That A Stay Is Warranted BLM has previously addressed the merits ofthe appeal in its Answer and rather than repeat those arguments, it focuses on the third criterion immediate and irreparable harm. As the Record of Decision for the STMP stated, "This route will be built on the slopes above the Ute Trail", and the 'alternate alignment" would be subject 743 C.F.R. $ 4.21(b). 8 Id., see also, 43 C.F.R. $ 4.21(b)(2); Colorado Emvironmental Coalition, 135 IBLA 356, 358 (1996) ("As in all cases where a stay is sought, the burden to show there is reason for a stay to issue rests with the party seeking the stay. "). 9 South-East Coal Co. V. Consolidation Coal Co., 434 F.2d 767, 778 (6th Cir. 1970) quoted in Thunderbird Oil Corp., 91 IBLA 195, 201 (1986). See also, Harry Ptasynski, 107 IBLA 197,201 (1989). 10 Oregon Natural Desert Association, 176 IBLA 371, 377 n.6 (2009); Wyoming Outdoor Council, 156 IBLA 377, 383 (2002). 4- to the "project design features detailed in Appendix E." Appendix E states that "All new trail construction [associated with the re-route] would be designed to avoid historic properties. "11 BLM also required that the re-route would first involve selection of an on the ground alignment where the footprint of the trail would be inventoried for cultural resources prior to any construction. Appellants point to a post record communication where the Trails Preservation Alliance and San Juan Trails Riders have marked a proposed alignment in September 202012 but ignore all oft the remaining work BLM will do to ensure that proposed alignment avoids historic properties and eliminates direct impacts to historic properties. As Acting Field Manager Brady Owens explained in his attached declaration "While the general area for the re-route of trail 2TE has been proposed, an exact trail alignment has not yet been identified. The final alignment of the trail will be contingent upon on-the-ground field visits that are expected to take place during the summer field season of 2021 by BLM specialists, including a qualified archaeologist, and in coordination with stakeholders. "13 None of these field visits have yet taken place, they are expected to until after snowmelt, and BLM has not scheduled any oft these visits yet. Mr. Owens also describes that once the field visits take place, BLM will then execute a Memorandum of Agreement (MOA) between BLM, SHPO, and the Southern Ute, Ute Mountain Ute, and Ute Indian Tribe ofthe Ouray and Uintah Reservation.14 This MOA will require an inventory of historic artifacts to be completed before any 11 ROD at 87. 12 Petition for Stay at 7. 13 Owens Declaration paragraph 7. 141 Id.p paragraph 8. -5- ground disturbance or trail construction occurs. The MOA has not yet been executed and is not expected to be signed until the field visits and consultation with tribes have taken place. Given the uncertainty over the timing ofthe MOA, Appellants have not shown that construction is imminent" to warrant the imposition of a stay. Finally, Mr. Owens states that "no construction within Minnie Gulch will begin before completion of SHPO consultation regarding a determination of effect and the completion of mitigation identified in the MOA between BLM, SHPO, and the Southern Ute, Ute Mountain Ute, and Ute Indian Tribe of the Ouray and Uintah Reservation. "15 This proposed mitigation, consisting of an ethnographic study, has not yet been completed. Given the procedural activities and field visits that remain to occur before any ground disturbance or construction begins, there is little likelihood of immediate harm. Appellants arguments about likelihood of success on the merits simply restate the arguments that have been made in their statement of reasons and addressed in BLM's answer. Appellants contention that "BLM violated the State Protocol, the ACHP regulations, and Section 106 oft the NHPA, putting historic and cultural resources in danger ofirreversible harm"16 is incorrect given BLM's commitment to completing the tasks identified in Mr. Owens' declaration before any ground disturbance or construction begins. This approach had been described in BLM's answer, but Appellants'ignore BLM's proposed process and instead point to post-decision emails obtained through their FOIA request to support their contention that motorized user 15 Id. paragraph 9. 16 Petition for Stay at 13. 6- groups" have placed "significant pressure" on BLM "to open Minnie Gulch to motorized use"17 Appellants have made their preference to prevent motorized singletrack use in Minnie Gulch clear through their appeal and subsequent petition for stay, but have failed to show that BLM's desire to "move forward quickly" means that construction activities would take place any sooner than October 2021 at the earliest as indicated by Mr. Owens' declaration. CONCLUSION The Silverton Travel Management Area has long served as a destination for public land users with mountain scenery, heritage resources, and legendary network of mountain roads providing a unique recreational experience for a growing number of visitors. As Silverton transitioned from an extractive resource economy based on mining and shifted to tourism as an economic driver, this shift initiated the proposals considered in the STMP. BLM has acknowledged that expanding trail opportunities can be met with opposition because of perceived impacts. 18 And SJCA, on behalf ofi its members has made its opposition clear. But as the previous discussion shows, Appellants would prefer that BLM not provide for the motorized singletrack use the Minnie Gulch Trail once it is re-routed. But that opposition does not give rise to the violations of the NHPA, NEPA and FLPMA that Appellants allege.19 And because construction will not begin until BLM completes site specific surveys, tribal 17Id.a at 6. 181 DOIBLM-CO-F070-2019-008-EA, FONSI page 2. 19 See, e.g. Powder River Basin Resource Council, 180 IBLA 1, 13 (2010) ("The fact that the appellant has a differing opinion about likely environmental impacts or prefers that BLM take another course of action does not show that BLM violated the procedural requirements ofl NEPA."); See also, Kevin Kane, 195 IBLA 17, 20-21 (2019), citations omitted. -7- consultation, signs the MOA and implements mitigation, Appellants have not met their burden to demonstrate that a stay is warranted. Respectfully submitted this 5th day of May, 2021. PHILIP Digitally signed by PHILIP LOWE Date: 2021.05.05 LOWE 13:59:46 -06'00' Philip C. Lowe, Esq. Office of the Regional Solicitor, Rocky Mountain Region U.S. Department of the Interior 755 Parfet Street, Suite 151 Lakewood, CO 80215 (303) 445-0622 (Voice) Philiplowe@sol.doigox 8- CERTIFICATE OF SERVICE This is to certify that on this 5th day of May, 2021, in accordance with 43 C.F.R. $ 4.401(c), and the Board's COVID-19 guidance that paper copies will not be accepted during the pandemic, a true and correct copy of the foregoing BLM's Opposition to Petition for Stay was transmitted for delivery via e-mail to the following: (VIA E-MAIL ONLY) (VIA E-MAIL ONLY) United States Department oft the Interior Bureau of Land Management Office of Hearings and Appeals Colorado State Office Interior Board ofLand. Appeals Attn: Malia Burton 801 North Quincy Street, Suite 300 E-mail: mkburton@bim.gov Arlington, VA 22203 E-mail: ibla@oha.doi.gov (VIA E-MAIL ONLY) (VIA E-MAIL ONLY) Lori Potter Bureau of Land Management Sarah Judkins Gunnison Field Office Kaplan Kirsch Rockwell Attn: Brady Owens Ryan Kay, James 1675 Broadway Suite 2300 Lovelace Denver, CO 80202 E-mail: Bowens@bim.gov; Email: potere.apanaiehcom mkay@bimgovjlovelace@bim.gov udhanselspankinchcon Scott Fetchenhier Chair, Board of County Commissioners of San Juan County 1557 Greene St PO Box 466 Silverton, CO 81433 Email: dminesanyumoondo.s PHILIP Digitally signed by PHILIP LOWE Date: 2021.05.05 LOWE 14:00:48 -06'00' -9- UNITED STATES DEPARTMENT OF THE INTERIOR OFFICE OF HEARINGS AND APPEALS INTERIOR BOARD OF LAND APPEALS San Juan Citizens Alliance, J IBLA 2021-016 San Juan County Board of Commissioners) Appellants Appeal of Colorado BLM V. ) ) Gunnison Field Office ) Silverton Travel Management Plan ) DOl-BLM-CO-F070-2019-0008-EA BUREAU OF LAND MANAGEMENT ) Respondent. DECLARATION OF BRADY OWENS I, Brady Owens, pursuant to 28 U.S.C. S 1746 declare as follows: 1. Ia am currently the Acting Field Manager for the Bureau of Land Management's Colorado Gunnison Field Office. I have been employed by BLM since January 1, 2013 in a number of staff and supervisory positions. 2. I received a Bachelor of Arts degree in Political Science in 2005 and a Graduate Certificate in Resource Interpretation in 2012, both from Stephen F. Austin State University. 3. My statements in this declaration are based on my personal knowledge and experience as the Acting Field Manager for the Gunnison Field Office, and on information made available to me in that capacity by other BLM employees under my supervision. 4. BLM consulted with the Colorado State Historic Preservation Office (SHPO) and conducted a Class III inventory of all existing routes not previously designated and routes with a change in authorized use. 5. BLM conducted speramemt-togpemment consultation with the Southern Ute Indian Tribe, the Ute Mountain Ute Indian Tribe, and the Ute Indian Tribe ofthe Ouray and Uintah Reservation at face to face meetings in April and October of 2019, and during field trips to the area in August and October of 2019, and via Zoom with the Southern Ute Indian Tribe tribal council in July: 2020, to consider the Tribes' concerns during route evaluations and route designations and identify approaches to avoid and mitigate identified impacts. 6. BLM has not yet identified the location for the re-route of trail 2TE beyond what is stated in the Decision Record "This alternate route will avoid the Ute Trail located in the Minnie Gulch Valley and Cross the Continental Divide National Scenic Trail at a perpendicular angle. This route will be built on the slopes above the Ute Trail and BLM will direct all uses to use this new trail." 7. While the general area for the re-route of trail 2TE has been proposed, an exact trail alignment has not yet been identified. The final alignment ofthe trail will be contingent upon on-the-ground field visits that are expected to take place during the summer field season of2021 by BLM specialists, including a qualified archaeologist, and in coordination with stakeholders. 8. No construction within Minnie Gulch will begin prior to identifying the on the ground re-route oft the Minnie Gulch trails for motorized singletrack travel, and execution of a Memorandum of Agreement (MOA) between BLM, SHPO, and the Southern Ute, Ute Mountain Ute, and Ute Indian Tribe of the Ouray and Uintah Reservation. Before any ground disturbance begins the MOA will be signed as required by the 2014 State Protocol Agreement between SHPO and BLM. 9. No construction within Minnie Gulch will begin before completion of SHPO consultation regarding a determination of effect and the completion of mitigation identified in the MOA between BLM, SHPO, and the Southern Ute, Ute Mountain Ute, and Ute Indian Tribe of the Ouray and Uintah Reservation. 10. No construction within Minnie Gulch will begin prior to a Class III inventory conducted bya qualified archaeologist, or otherwise meeting requirements in the MOA between BLM, SHPO, and the Southern Ute, Ute Mountain Ute, and Ute Indian Tribe oft the Ouray and Uintah Reservation. 11. Given the number of tasks that remain to be completed before any construction or ground disturbing activities in Minnie Gulch take place, BLM does not consider it likely that this work would occur before October of 2021 or the summer of 2022. I declare, pursuant to 28 U.S.C. 1746, under penalty of perjury, that the above statements are true and correct to the best of my knowledge, information, and belief. BRADY OWENS BRADY Digitally signed by BRADY OWENS OWENS Date:: 2021.05.04 16:16:10- -06'00' Field Manager (Acting) Bureau of Land Management Gunnison Field Office 210 W. Spencer Ave, STE A Gunnison, Colorado 81230 Holsinger Law, LLC lands, wildlife and water law May 5, 2021 Sent via email to: dulbri.hemoasnE: amimeaedlmabau San Juan County Board of County Commissioners c/o Dennis Golbricht, Esq., County Attorney 1557 Greene St PO Box 466 Silverton, CO 81433 Re: CORA Request Related to the Silverton Travel Management Plan (BLM NEPA No. DOL-BLM-CO-F070-2019-08-EA) Dear Mr. Golbricht: We represent Trails Preservation Alliance, a 501(c)(3) public charity organization dedicated to protecting and enhancing single track motorcycle trail riding. We are submitting this records request pursuant to the Colorado Open Records Act (C.R.S. 8 24-72-200.1, et seq. ("CORA"). The specific documents and/or records requested ("Requested Documents") consist ofthe following: Any and all written transcripts or any tape recording, video recording, or Zoom recordings; any and all meeting minutes, meeting agendas, transcripts of meetings, or reports; and any and all written and/or electronic correspondence, notes, memoranda, drafts, or other materials, including but not limited to electronic mail, social media, phone or text messages on official or personal phones or computers, with regard to the Silverton Travel Management Plan (BLM NEPA No. DOLBLM-CO-F070-2019-0008-EA, between the dates of September 21, 2020 up to and including the date ofthis request, between or among any or all ofthe following persons or entities: Representatives, consultants, agents, members of or counsel for the San Juan County Board ofCounty Commissioners; The Bureau of Land Management ("BLM") Gunnison Field Office; Representatives, consultants, agents of or counsel for the Ute Mountain Ute; Representatives, consultants, agents of or counsel for the Southern Ute Tribe; Representatives, consultants, agents, members of or counsel for San Juan Citizens Alliance; and Representatives, consultants, agents, members of or counsel for Backcountry Horsemen and Anglers. Kent Holsinger. Lunuger David L, Kueter. OfCounsel Jack Silver. O/Cousel Terry Jo Epstein. ofCounsel P (303)7 722-2828 1800 Glenarm Place F (303)-96-1025 Suite 500 Holsinger Law, LLC www holsingerlaw com Denver. CO 80202 Holsinger Law, LLC lands, wildlife and water law San Juan County Board of County Commissioners May 5, 2021 Page 2 Ifthe Requested Documents are in electronic form or can be scanned and sent by email, we request to receive the Requested Documents solely by electronic means. Ifthe Requested Documents cannot be transmitted electronically, and any anticipated charges will total less than $200.00, please mail the copies oft the records to us with an itemized invoice. Ifthe anticipated charges will be in excess of $200.00, or ify your office requires prepayment for copies, please contact us first before processing our request. Ifyou deny this request for records in whole or in part, we ask that you provide a written statement ofthe reasons for the denial that cites the law or regulation that you rely on for each record withheld. Ifany ofthe requested records are in active use, in storage, or otherwise unavailable at this time, we request that you set a date and hour when the records will be available for inspection. Ifyou have any questions about the request, please do not hesitate to contact us. We look forward to your timely response. Thank you in advance for your anticipated cooperation in this CORA request. Sincerely, HOLSINGER LAW, LLC - ak Kent Holsinger, Attorney cc: Don Riggle, Director ofOperations, Trails Preservation Alliance Tawnof Silverton SANJUAN COUNTY PO Box 250 PO Box 466 Silverton, CO 81433 Silverton, CO 81433 970-387-5522 970-387-5766 Date: May 8, 2021. For: May 12 Board of County Commissioners Meeting. From: Town/County Planning Director. Regarding: Some of the Planning Department Work During the Past Two Weeks. Recent County Projects: The County Commissioners had a special work session about new floodplain maps on August 28. Any questions/comments from the Commissioners or public can be sent to the Planning Department. The Planning Department collects/forwards any local comments to FEMA. See olomahbhaanhnwp-ngcon I am reviewing a County Improvement Permit Application for a proposed residence, septic system, and associated improvements, on the Shrine Road, on a vacant lot in an existing County subdivision. A site visit will occur at a group of vacant mining claims on Ophir Pass Road on May 17. A site visit will occur at the Gold Spur Mill Site on Cunningham Creek on May 20. Several vacant claims on CR 20/20A recently changed hands, with approximately six land owners interested in applying for County Improvement Permit Applications within the next few years. The Town/County Building Inspector and Town/County Planning Director have been receiving a lot ofinquires on the various County regulations, mining claims, RV camping, cabins, and septic systems. An application was received for a proposed gate/fence on the edge ofTown on a Kendall Mountain claim. Mining claims for sale have been generating some inquiries, such as claims in Minnehaha Basin, at the Buffalo Boy, near Treasure Mountain, around Howardsville, and along CR 2. A new landowner along with several consultants is preparing an application for a proposed cabin, septic system, and associated improvements on CR 2 near the Mayflower Mill. A County special events permit application is being processed for the Bent Elbow Poker Run. An inquiry was received for resurrecting the plans for a proposed subdivision at Durango Mountain Resort. A new landowner is applying to construct a proposed residence in the Know Your Neighbor Subdivision. Cascade Village has requested a County sign permit application to redo the Highway entrance signage. An established horseback riding outfitter near Purgatory is relocating their route, and applying for a new County special use permit. Outdoor events are being set up, previously approved by the Commissioners, at the Columbine Roadhouse. Page 1 of3, Staff Report for BOCC, L. Adair, May 8, 2021. Previously approved, proposed townhomes at Cascade Village may be constructed this summer. A fall mining reclamation project is being planned by the State, and documents were submitted this week. IH have been receiving calls about some proposed and existing access/easement'road issues at Howardsville. Ia am getting a lot ofinquiries from applicants preparing Improvement Permit applications, for proposed cabins on mining claims, but very few actual County applications are being completed or submitted. The Building Inspector and I are getting many calls/ and emails where our reply includes the County regulations limiting camping/RVs on mining claims to 20 days maximum total per year, and/or that landowners are required to have a rather extensive septic leachfield, not just a proposed compostingincinerating toilet. Recent Town Projects: The Town Board recently adopted a new Vacation Rental Ordinance. The Town Board recently adopted an Ordinance establishing an Architectural Review Overlay District (AROD District) along Greene Street and at the wye. The Town Board is adopting a new Ordinance extending the 10 year time limit to 25 years, for neighbor reimbursements of a portion of the costs paid by homeowner/developers who extend infrastructure. Proposed Murphy Residence, 14th and Bluff, Avalanche Hazard District, Slope Hazard Overlay District, Public Hearing at May 10 Town Board Proposed R. Residence, 8th and Bluff, Slope Hazard District, Proposed Infrastructure, Wetlands Issues. Proposed M. Residence, 8th and Snowden, Slope, Infrastructure, Wetlands. Proposed P. Residence, 12th and Bluff, Slope, Infrastructure. Proposed V. Residence, 10th and Bluff, Avalanche, Wetlands, Infrastructure. Proposed B. Four-plex, 5th and Reese, Recently Rezoned and may be Resubdivided into mini-Lots. Proposed W. Eight-plex, 14th and Cement, Proposed Condos/PUD. Proposed C. Residences, Caretaker Units, and B&Bs, 13th and Cement, Avalanche, Floodplain. Proposed Storage Units and Tiny Homes, 7th and Snowden, Rezoning, Wetlands, Infrastructure. Proposed R. Residence, 5th and Keystone, Infrastructure, Slope, Rezoning. Proposed W. Residence, 14th and Cement, Avalanche, Adjacent Land Owner Inquiries. Proposed ADU, 14th and Reese, Use Subject to Review Application. Proposed Vacation Rental, 11th and Reese, Awaiting Adjacent Land Owner Comments. Proposed Vacation Rental, 14th and Cement, First on the Proposed Vacation Rental Waiting List. Historic District Construction, 14th and Greene, Fences are Exempt from Review Historic District Construction, 14th and Greene, Ongoing Internal Demolition/Repars Proposed Historic Building Façade Changes, 12th and Greene, Upcouing Restoration/Auuition Historic Building Façade Changes, 13th and Greene, Exempt Routine Maintenance, Post Fire Doors/Windows. Proposed Affordable and/or Attainable Housing, 5th Street, Possible Rezoning. Proposed Resubdivision and Wetlands, 19th to 20th, Cement to Animas, Awaiting Legal Papers. Proposed Residence, Adjacent to Memorial Park, 17th and Greene, Infrastructure, AROD District. Proposed Marijuana Store, 10th and Greene, Town MJ License, Sign Permit, AROD District. Proposed Generator and Fuel Tank, 4th and Cement, Avalanche, Lease on Town Owned Land. Proposcd L. Rcsidence and IIome Based Business, 12th and Mineral, Avalanche, Floodplain. Proposed G. Structures, 14th and Cement, Floodplain, Infrastructure, Wetlands. Page 2 of3, Staff Report for BOCC, L. Adair, May 8, 2021. Proposed Duplexes, 8th and Cement, ED Zone Uses Subject to Review. Proposed Condos, 6th and Greene, Grading & Drainage, Infrastructure, Wetlands, AROD District The Town Interim Administrator has been completing a DOLA Grant Application, to request State funding to hire a consulting agency, to rapidly update portions ofthe Town of Silverton Municipal Code. Updating the zoning regulations in the Municipal Code would be a benefit to existing Town citizens, because zoning regulations can be used by the Town Staff and Board to reduce the anticipated adverse impacts of upcoming proposed development. The County Administrator kindly provided some assistance on the DOLA grant application questions, and the Planning Director provided some of the grant application text this week, for Town Interim Administrator Edwards. A recent topic of discussion has been the Town Avalanche Hazard Overlay District regulations and the associated maps adopted in 2005. The Town Board had a special meeting about that topic last week, some inquiries from the public, as well as a recent CORA citizen request for documents. The Town staff and Board have been working on concepts for how to create some additional atfordable/employee housing, and OHV issues as well as two upcoming citizen OHV petitions. The Town Board is ready to interview a select few of those who applied to be the new Town Attorney and the new Town Administrator. The Town/County Planning Director and Town/County Building Inspector are writing a new job description, and have one applicant to interview, for the Town Planning Department clerical part time trainee position. The Town Board had a special work session about our new floodplain maps on August 26. The Town Board (along with its many various Committees) has been meeting several times per week, due to an abundance ofimportant local issues. The Board/Committee meeting agendas/packets are posted on the Town website. Town Staff acquired and set up new equipment, SO that the Town Hall meeting room can support "hybrid" meetings now, with the Town Board currently meeting in-person, and a limited amount of in-person citizens in attendance (please call ahead if you plan to attend in-person), while the Town Board meetings are also interfacing on Zoom for those who prefer virtual attendance. Town staff meets weekly on Thursdays under the guidance of Interim Town Administrator Edwards. The Town Master Plan Committee meeting on the night of April 27 was cancelled due to lack of quorum. The Town staff has been working on checking/correcting water billing, water meters, and refuse billing, and updating utility billing contact information. Town Planning Director and Town Deputy Clerk are working together on preparing the Minutes for two recent Town Meetings. Molas Lake camping advance reservations are at an all time high, indicating we are likely to see a busy tourism season this summer. Town staffis also working on these projects: various funding sources for a new bathroom facility on Blair Street at Columbine Park; plans to replace the old wooden deck at the Kendall Mountain Rec. Center; completion of a CDOT grant application for proposed Blair Streel streelscape improvements; upcoming special events, races, and music events; outdoor dining street barricades; farmers market; Kendall Mountain Rec. Center signage; the transfer station contract renewal; bear aware campaign, cemetery work, covid mask signage, and other summer preparations. County Commissioners and citizens can contact the Town/County Planning Department with any planning related questions at adair@slberton.co.us or (970) 946-9408. Page 3 of3, Staff Report for BOCC, L. Adair, May 8, 2021. SAN JUAN COUNTY ROAD DEPARTMENT Monthly Road Maintenance Report APRIL 2021 County road #2 To Eureka, snow removal, rock and tree removal and grading and spot repairs and road patrols. 1-772G grader/plow, 8 hours. 2-772G grader/plow, 11 hours. 936 loader, 2 hours. Pickup trucks, 12 hours. County road #110 Gladstone, snow, ice and rock removal. Grading and spot repairs to settled culverts and soft spots. Deal with ski area parking. Do some minor ditching. 1-772G grader/plow, 13 hours. 2-772G grader/plow, 5 hours. 936 loader, 4 hours. Pickup trucks, 23 hours. County road #2 to Animas Forks, snow and avalanche removal and rock and tree removal. Open to Animas Forks 4/16/21. Below average snow. D6T tractor, 28 hours. 936 loader, 2 hours, Pickup truck, 6 hours. Peterbilt truck, 2 hours haul tractor. County road #5 Cinnamon Pass, snow removal, opened to the top on 4/29/21. Snow was very sugar and corn snow. Had to reopen top part from drifting snow. D6T tractor, 23 hours. Pickup truck, 4 hours. County road #8 Ophir Pass, snow removal, rock and tree removal. Snow depths about 1/3 of average year this early opening. Opened to the top 4/23/21. D6N tractor, 40 hours. Pickup trucks, 7 hours. Peterbilt truck, haul tractor, 2 hours. County road #100 Quiet Road, Columbine Lake trail access. Snow and tree removal. D6N tractor, 4 hours. County Road #25 Eureka Gulch, snow and rock removal to upper Ransom mine road. D6T tractor, 4 hours. County road #4 Cunningham Gulch, grade lower end and rock removal. 1-772G grader, 4 hours. 936 loader, 1 hour. Pickup trucks, 1 hour. County road #4A Upper Cunningham Gulch to Mine Tour, grading, rock removal and spot repair. 1-772G grader, 3 hours. 936 loader, 1 hour. Pickup truck, 1 hour. County road #20A Aspen/ Blair Gulch, opened road to CR- 20A-20 intersection. Snow removal and tree removal. Snow grooming makes this road very icy! D6N tractor, 6 hours. County Road #7 South Mineral to gate closure opened 4/5/21. 2-772G grader, 4 hours. Pickup trucks, 2 hours. Anvil Mt. / Smelter, grading and snow removal, 1-772G grader, 2 hours. Equipment and shop maintenance and repairs, 46 hours. County road #34 Cemetery Road, grade and fill deep holes. Cut and clean ditch. WE will grader the entire road in May since the Town won't 1-772G grader, 2 hours. County road #1 Lime Creek, check road and snow removal efforts. Rock removal. Chevy Pickup, 2 hours. River road rock and snow removal, 936 loader 2 hours.