June 6, 2013 BOARD MATTER D - 5 CONSIDER AMENDMENT OF SPECIAL USE LEASE NO. SU-639 AND REQUEST FOR PUBLIC USE RESTRICTION TO MOTORIZED VEHICULAR USE

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1 June 6, 2013 BOARD MATTER D - 5 ACTION: AUTHORITY: CONSIDER AMENDMENT OF SPECIAL USE LEASE NO. SU-639 AND REQUEST FOR PUBLIC USE RESTRICTION TO MOTORIZED VEHICULAR USE W.S ; Board of Land Commissioners Rules and Regulations, Chapter 5, Section 3 and Chapter 13, Section 5(b) Type of Use: Lease No.: Applicant: County: Acres: Description: Non-motorized Trail (hiking, mountain bikes, horses) SU-639 Wyoming Department of State Parks and Cultural Resources Platte Trails through approximately 1, Acres Township 29 North, Range 67 West, 6 th P.M. Section 7: Lot 4:SE4NW4:E2SW4 Section 18: Lots 1,2:E2NW4:N2SE4:SE4SE4 Section 19: E2E2 Section 30: Lots 1,2,3,4:E2W2:E2 Township 29 North, Range 68 West, 6 th P.M. Section 13: NE4NE4 Improvements: Recommended Rental: Existing and Proposed Improvements: The only improvement either existing or proposed that the Wyoming Department of State Parks and Cultural Resources (State Parks) is requesting will be natural surface trailing approximately 18 to 24 inches wide. $1,546.41, per year adjusted annually by 2.7% to offset inflationary pressure and subject to five (5) year rental review Recommended Term: August 7, 2009 to August 7, 2034 (25 Years) Discussion for Amendment of the Special Use Lease: The Wyoming Department of State Parks and Cultural (State Parks) resources has applied for an amendment to its existing lease in order to complete the proposed trail system, which when completed, will have nearly sixty-five (65) miles of trails. To date only twenty (20) miles of trails have been built under the existing lease. The trails are located on Bureau of Reclamation property managed by State Parks as well as the above described State Trust Lands. The grazing lessees, Timothy G. Millikin and Horseshoe Valley Ranch Co. (Sandra Sommers), as well as an adjoining landowner, Larry Cundall, have expressed concerns regarding the abuse to surrounding State Trust Lands in the area. Neither the grazing lessees or Mr. Cundall object to the amendment of the original special use lease to expand the trail system, provided that the abuse to surrounding State Trust Lands is addressed. The lessees have asked State Parks to post signs on the trail to notify the public to keep dogs on leashes when livestock are present. It has been determined that this special use lease application site is not in a sage grouse habitat core area. Page 1 of 2

2 ANALYSIS OF ROAD CLOSURE: In order to either close established roads or access to defined state lands, the Board has established the following criteria: Motor vehicle use has caused or is causing unacceptable damage to the roadbed, excessive soil erosion, or significant impacts to vegetation, watershed or other state land natural resource attributes. Motor vehicle use has caused or is causing considerable adverse effects to other Board authorized uses of, or improvements on, state land. Motor vehicle use creates a threat to public health or safety. Circumstances exist which create a situation requiring immediate action to protect state lands or the public health and safety. Following telephone calls, s and letters from Tim Milliken, Sandra Sommers and Larry Cundall, the Office of State Land and Investments (Office) met on site with the concerned parties as well as representatives from State Parks and the Wyoming Game and Fish Department (Game and Fish) to discuss the issue of abuse to surrounding State Trust Lands from off-road vehicular use and camping, which has been occurring. The group discussed possible solutions to control the abuse occurring while methodically developing additional non-motorized trails for public use. The consensus of the group is to request a public use restriction of motorized vehicular use in Section 30, Township 29 North, Range 67. to the parties agreed that the best solution is to place a gate on lands owned by Game and Fish adjacent to State Trust Land in Section 30 (see attached letters). This will eliminate abuse by off-road motorized vehicular use and unauthorized camping that has been occurring on the State Trust Lands in Section 30. DIRECTOR'S RECOMMENDATION: The Director recommends the Board approve the amendment of the above-described special use lease to add additional lands to the lease in order to complete the nonmotorized trail system and for State Parks to provide signs along the trail route to advise the public that all dogs must be on a leash when livestock are present. The Director further recommends that Section 30, Township 29 North, Range 67 West have a public use restriction placed on it to be closed to motorized vehicular use by adopting the Board Order in Attachment B, consistent with 2013 House Enrolled Act 29 (Original House Bill No. 0053) providing for restitution and enforcement of violations. Materials and labor for placement of the gate will be provided collectively by the concerned parties and the involved state agencies. The Office of State Lands and Investments has a gate and fence posts that were not used on a previous project, which will be used to complete the project. BOARD ACTION: Page 2 of 2

3 I GOVERNOR MATTHEW H. MEAD & fts / WYOMING GAME AND FISH DEPARTMENT ~ \ 5400 Bishop Blvd. Cheyenne, WY j I Phone: (307) Fax: (307) KEITH CULVER ~, _.J, w~iu.~ O.9OV T. CARRIE LITTLE CHARLES PRICE May 15, 2013 Wyoming Office of State Lands & Investments 122 W. 25th Street 3 Floor West Wing Dear Mr. Henn: The Department has reviewed the proposed motorized travel closure on State Trust Land near Glendo Reservoir, more specifically Township 29, Range 67, Section 30. The Wyoming Game and Fish Commission holds fee title to 40 acres of land adjoining the Trust land proposed for closure. An established two track road traverses the Commission s land and provides vehicular access to the Trust lands. After our onsite meeting on April 25, 2013, Department personnel agree that motorized traffic should be stopped on the Commission land prior to the actual Trust land, due to the topography at the property boundary. As mentioned in the on-site meeting, the Department will provide Habitat and Access personnel to help with the installation of the gate and associated fence posts that will be supplied by the Office of State Lands & Investments. State Parks has stated they should be able to provide machinery to move large boulders to create a natural boundary on either side of the gate. The Department supports a motorized travel closure on the aforementioned State Trust lands in an effort to protect the natural resource from unauthorized off-road vehicular use. Brian Rognon Land Administration Review Appraiser Conserving Wi!dI(fe - Serving People

4 APa I S PAPJ(S. Field support Team a ivisiono e ar s, isoric I es ran HISIrj~Y 2301 Central Avenue Wyoming State Parks & Cultural Resources March 20, West 25th Street Hersehier Building, 3 West (fax) Dear Mr. Henn, This letter is a follow up to our meeting at Glendo State Park on April 25, This meeting was attended by representatives from Office of State Land and Investments (OSLI), Wyoming Game and Fish Department (WG&FD), and Wyoming State Parks, Historic Sites and Trails (SPHST). The purpose of this meeting was to discuss the closure of the road that parallels the North Platte River below the power plant. This was brought to the attention of OSLI through their lessees that there has been illegal activity which includes camping and four wheeling. It was decided that a gate would be put up on the WG&FD side of the property boundary at the turn around. This gate would be funded through OSLI. To curb illegal use and to establish a managed specific built non-motorized trails system, we support this closure. Please contact me at or paul.gritten~~yo.gov if you have any questions. Dusty Humphreys, Superintendent, Glendo State Park Wyoming State Parks, Historic Sites and Trails Matthew H. Mead, Governor Milward Simpson, Director

5 Field Services Division 122 West 25th Street Herschler Building, 3 West May 1, 2013 Dear Sir, We are writing this letter to show both support and concern for the proposed bike paths on our state lands. Horseshoe Valley Ranch currently holds the grazing lease on Section 30 T29N R67W and the E1/2 of the E1/2 of Section 19 T29N R67W (Lease No ). As longtime ranchers, we have close ties to the land in this area. Over the years we have observed a great deal of destruction and abuse on these and other State lands that we lease. The problems seem to be increasing in proportion to the population growth in this area. Although we are not opposed to public use of these lands, we do feel that the uncontrolled access will only contribute to the destruction. Just in the past few years we have seen the number of roads increase dramatically, with many causing irreversible erosion. With camping, littering, firewood cutting, target practice, four wheeling and rock harvesting, it is increasingly difficult to use this land for efficient grazing of livestock. During hunting season, it is being over run with vehicle traffic. Under the proposal discussed with our State Park representatives and your office, we feel that the addition of bike trails and the closing to motorized vehicles may be a way to decrease or eliminate the degradation of our state s natural resources Thank you for your concern and review of this matter. Lloyd and Sandra Sommers, Horseshoe Valley Ranch

6 Tim Millikin 1000 Glendo Park Rd Glendo, WY (307) April 22, 2013 Paul Gritten 2301 Central Avenue Barrett Building, ~ Floor 122 West 25th Street Herschler Building, 3 West Dear Mr. Gritten and Mr. Henn, lam writing on behalf of myself, Sandra Sommers, John & Pat Harvey and Larry Cundall. As was discussed at the meeting we all attended about the expansion of the State Park non-motorized trails system onto state lands adjoining the state park. We don t have many issues with the nonmotorized trail system. The issues we do have are the camping and off road travel that is occurring on the State Lands currently. We will not give our support for the trail system without a plan in place to address the illegal activities. A plan should include signage of established roads, closing of roads that have not been there in the past, and closing of campsites, closing some sections to all motorized travel, and an agreement with all local law enforcement so that progress can be monitored and violators can be ticketed. When such a plan is implemented we will be happy to support the State Parks non-motorized trail system. Please keep us informed of the progress on these projects and if you have any questions please give me a call. Tim Millikin Land Owner

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