RESOLUTION No. 2016-044 A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF OURAY COUNTY, COLORADO ACCEPTING THE DONATION TO OURAY COUNTY OF CERTAIN MINING CLAIMS GENERALLY REFERRED TO AS THE “CORKSCREW TURNTABLE” PROPERTIES, AND APPROVING A MANAGEMENT PLAN FOR THESE PROPERTIES WHEREAS, the Board of County Commissioners of Ouray County (“Board”) has previously determined that the Red Mountain Project endeavors to protect certain mining claims, sites and historical properties from development in Ouray County and is beneficial to the public, and by this Resolution confirms that determination; and WHEREAS, the Board is authorized to accept donations of historic properties, to provide for the preservation of cultural, historic, and architectural history within the County and to care for such properties, or to enter into agreements for the care of such properties, as provided by law, including, inter alia, C.R.S. 30-11- 107 and C.R.S. 30-11-101; and WHEREAS, the Trust for Land Restoration (TLR) has acquired two mining claim properties from the Greenfield Multistate Environmental Trust (Greenfield) with the intent to donate the two properties to the County of Ouray; and WHEREAS, the properties are located in the Red Mountain Mining District of Ouray County, along the historic railroad grade of the Silverton Railroad, east of US 550, approximately one mile north of County Road 31, being located in Township 42 North, Range 7 West of the NMPM, and are patented as the Little Mona, U.S.M.S. 4639 and Mona’s Queen, U.S.M.S. 4639, together containing a total of 15.34 acres more or less, referred to herein and in the Management Plan as the “Corkscrew Turntable Claims”; and WHEREAS, the Ouray County Historical Society (OCHS) has agreed, in recognition of its expertise, interest, and ability, to assume responsibility for managing the Corkscrew Turntable Claims on behalf of the County; and WHEREAS, the discussions and agreements with TLR and OCHS do not obligate the Board to expend County funds for the care or maintenance of the Corkscrew Turntable Claims; NOW THEREFORE, Be It Resolved by the Board of County Commissioners of Ouray County, Colorado, as follows: 1. The Board hereby accepts on behalf of the County, as donations to the County for historical preservation and conservation purposes, the properties described more particularly in the Management Plan attached hereto as Exhibit A. The Board thanks TLR for its efforts to preserve these properties, and for the donation of the properties to Ouray County. 2. The Board authorizes Lynn Padgett, as Chair of the Board, to execute all necessary documents, and authorizes County staff to complete such administrative tasks as may be necessary or appropriate to effectuate the conveyance of the Corkscrew Turntable Mining Claims to the County. 3. The Board hereby approves and adopts the Management Plan with the OCHS, attached hereto as Exhibit A, and which has been approved and adopted by the OCHS, and authorizes the Chair’s signature on said Management Plan. The Board further authorizes County staff to take such actions as may be necessary or appropriate to effectuate the Management Plan.
APPROVED AND ADOPTED THIS ____ DAY OF______, 2016.
Voting for: Voting against: BOARD OF COUNTY COMMISSIONERS OF OURAY COUNTY, COLORADO
Attest: Lynn M. Padgett , Chair
Ben Tisdel, Vice-Chair
Michelle Nauer, Clerk and Recorder Don Batchelder, Commissioner By: Hannah Hollenbeck, Deputy Clerk of the Board
Resolution 2016-044 Page 1 of 1 County of Ouray MANAGEMENT PLAN For The Corkscrew Turntable Mona Queen and Little Mona Patented Mining Claims Red Mountain Mining District Ouray County CO
On September __, 2016, the County of Ouray accepted donation of 100% fee title and mineral interest in two patented mining claims in the Red Mountain Mining District, so that the historic Corkscrew Turntable, and a portion of the historic railroad grade of the Silverton Railroad contained within the two properties could be permanently conserved and protected in the state they are currently found. In advance of agreeing to receive donation, the Ouray Board of County Commissioners (BOCC) asked the Ouray County Historical Society (OCHS), in recognition of its expertise, interest, and ability, to assume responsibility for managing the Corkscrew Turntable Claims, on behalf of the County. This plan is meant to serve as both a framework for, and an agreement between, Ouray County and OCHS, for that management.
COUNTY OBJECTIVES; PROERTY LOCATION; PARTNERS; PROJECT BACKGROUND; AND GENERAL CONSIDERATIONS: In recognition of the historical significance of the Silverton Railroad and the Corkscrew Turntable, and aware of increasing development pressure in the Alpine Zone of Ouray County, the BOCC desires to conserve and protect the Mona Queen and Little Mona patented mining claims in the condition they are found at the time the County obtained ownership. The properties are located in the Red Mountain Mining District of Ouray County, along the historic railroad grade of the Silverton Railroad, east of US 550, approximately one mile north of County Road 31, at the end and about ¼ north of the Guston Road. Partners in the project include the Trust for Land Restoration, members of the Red Mountain Task Force, the Ouray County Historical Society, private citizens, and US Senator Michael Bennet. The properties were acquired by TLR from the Greenfield Multistate Environmental Trust (Greenfield), with the intent to donate the two claims to the County of Ouray. The BOCC, at its May 3, 2016 meeting, asked OCHS to consider assuming management responsibility of the turntable claims, once the County became owner. OCHS, at the May meeting of its Board of Directors, agreed in concept to accept management responsibility of the turntable claims, subject to its review and approval of this management plan. As background, in 2011 Greenfield was appointed by the court overseeing the bankruptcy of the Tronox Corporation, a former subsidiary of Kerr–McGee Corporation, to take possession, for the purposes of selling, sixteen patented mining claims in Ouray County and 84 claims in San Juan County to whomever Greenfield deemed an appropriate buyer, on behalf of beneficiaries of the trust, including the United States Environmental Protection Agency (US EPA) and the United States Department of Justice (US DOJ).
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Local citizens, including Bob Risch, Ben Tisdel (prior to becoming an Ouray County Commissioner), and TLR’s Patrick Willits, along with San Juan County Administrator William Tookey, then-San Juan County Treasurer Bev Risch, Ryan Bennett, a private landowner, and John Whitney of US Senator Michael Bennet’s office met either in person or via telephone with representatives of Greenfield in the fall of 2013 and again the spring of 2014, to strategize some sort of conservation/protection of the former Tronox claims. As a result, TLR, with the aforementioned support of Toan-O’Brien Foundation, began to work with Greenfield to acquire all sixteen of the former Tronox claims located in Ouray County. In December 2015, TLR acquired and donated 14 of the former Tronox claims to the United States Forest Service. TLR has donated the remaining two claims, the Mona Queen and the Little Mona, to the County of Ouray. The two claims are entirely surrounded by property of the United States, including three of the 14 claims donated to the USFS by TLR at the end of last year. OCHS had considered accepting donation of the two turntable claims, but was not able to reach mutual agreement with Greenfield on language to be included in the Quit Claim Deed transferring title from Greenfield to the society. Ouray County Attorney Marti Whitmore reviewed the proposed Quit Claim Deed transferring the properties to County of Ouray, suggested additional language to protect the County, and reached agreement with Greenfield. Private-citizen and local landowner Ryan Bennett in San Juan County has agreed to purchase all eighty-four of the Tronox claims found in San Juan County, and to voluntarily deed-restrict or otherwise agree to limit all residential development of the properties. Bennett’s deal has yet to be approved by the US EPA and the US DOJ.
Map showing location of Little Mona and Mona Queen patented mining claims, in relation to other mining claims acquired by TLR and donated to the United States.
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HISTORICAL SIGNIFICANCE The historical significance of the Silverton Railroad and the Corkscrew Turntable is well documented, and creates the context for which management objectives for the site are to be derived, and management decisions be made. Writes Don Paulson, curator of the Ouray County Historical Society, a trustee of the Ridgway Railroad Museum, and current member of the TLR Board of Directors: “The Silverton Railroad ran from Silverton to Albany in Ironton Park where a smelter was located. Otto Mears financed the construction of the railroad to tap the rich silver mines on the Ouray side of Red Mountain Pass. In the fall of 1887 the railroad was completed as far as Burro Bridge where the Ophir Pass Road crosses mineral creek below Highway 550. The next spring Mears hired Charles Gibbs as the construction engineer and he built the railroad from Burro Bridge to Albany in less than 8 months! Gibbs constructed three remarkable engineering features between Burro Bridge and Albany: the Chattanooga Loop, the station inside the wye in Red Mountain Town and the Corkscrew Gulch Turntable. As the railroad descended Red Mountain Pass, a switchback was required at the head of Corkscrew Gulch since there was not enough room for a balloon loop or a wye (two common methods for reversing the direction of a train). However, this would require the 2-8-0 engines to back down or up the grade from the switchback. This was bad for three reasons. First, these engines were prone to derail when going backwards, especially in snow. Secondly, it was dangerous to back a loaded train downhill, and finally, it was necessary to have the engine positioned at the correct end of the train, when switching the various mining spurs. Gibbs’s solution was to place a turntable on the mainline. The Corkscrew Gulch Turntable is reputed to be the only turntable ever constructed on the main line of a US railroad. (Construction engineer) Charles Gibbs described the operation of the turntable in a famous article in the Transactions of the American Society of Engineers in September of 1890. A typical train had from three to five cars. The figure below shows the trackage at the turntable. The track grade leading onto the turntable was downhill to the turntable in both directions allowing the cars to run through the turntable by gravity after the engine was turned. So the grade coming up from Ironton actually climbed a few feet higher in altitude than the turntable so that the approach to the turntable was always downgrade.
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A train coming upgrade from Albany would stop at point B, the engine would be uncoupled, run onto the turntable, turned and then run to point A. The cars would then be run through the turntable by gravity and the engine would re-couple to these cars and proceed upgrade to Silverton with the engine in front. Similarly, a train coming downgrade from Silverton would stop at point A. The engine would be uncoupled, run onto the turntable, turned and then run to point B. The cars would be allowed to run through the turntable by gravity and the engine would couple on to them and precede downgrade to Albany with the engine in front. The entire process took about five minutes. The ruins of the turntable on the north side of Red Mountain #2 can easily be visited along with several miles of right-of-way, some with ties still in place. The Ridgway Railroad Museum and the Ouray County Historical Society sponsor several guided hikes each summer and fall along the Silverton Railroad right-of-way and to the turntable site. Information is available on the museum web sites: www.ouraycountyhistoricalsociety.org and www.ridgwayrailroadmuseum.org.”1
1 Don Paulson; The Silverton Railroad’s Corkscrew Turntable, Ridgway Railroad Museum, www.ridgwayrailroadmuseum.org. 4
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Likewise, the current condition of the turntable remnants and approaching railroad grade found on US Forest Service property is well documented, as evidenced by the photos below:
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The Silverton Railroad right-of-way at the trail head for the American Girl mine is blocked by a sign that says Corkscrew Gulch Turntable 0.8 miles. This is just past the drive way of one of Tommy Campbell’s cabins. There are a couple of boulders blocking the road just past the sign. Don Paulson believes the sign and the boulders were placed by the Forest Service. Just a few hundred yards ahead of that sign the road is essentially impassable by any motorized vehicle. Having vehicle traffic get to the turntable would be an absolute disaster for that historical site. The Silverton Railroad right-of-way in the Red Mt. Mining District is a Ouray County Landmark. This fall (2016), OCHS is planning to get the entire right-of-way from Silverton to Ironton listed as a State Historic Landmark. About 90% of the Silverton Railroad right-of-way is intact. Otto Mears gave Ouray County a Quit Claim deed to the Silverton Railroad right-of-way in Ouray County. A copy of that deed is attached as Exhibit A. San Juan County also has a quit claim deed for the Silverton Railroad right-of-way in their county.
MANAGEMENT OBJECTIVES The primary management objective for the Corkscrew Turntable and the section of the railroad grade leading to the property is to maintain the turntable and railroad grade in its current condition, to the largest extent possible. A corollary to that objective is to provide a minimum amount of signage and interpretation to protect the property, promote education and understanding, allow for the passive enjoyment and appreciation of the site by visitors, and to restrict cars, motor vehicles, ATVs, horses and bicycles from going beyond the parking area at the end of the Guston Road, about ¼ mile south of the turntable site.
MANAGEMENT RESPONSIBILTIES By being a signatory to this plan, Ouray County Historical Society is agreeing to monitor this site by visiting the site at least twice per year; seeing that some level of signage and barriers are in place to prevent unwanted motor vehicle/horse/bicycle access; providing a level of interpretation that OCHS deems appropriate; alerting the BOCC to signs of man-made or natural erosion or other damage that may threaten the integrity of the site and/or the cultural artifacts the site contains; alerting county staff if noxious weeds are found; and preparing a brief, written, update/monitoring report to the BOCC on an annual basis. The obligations and responsibilities Ouray County are limited to the following: 1. Holding title to the property to preserve its historical value. 2. Act as fiscal agent for any grants that OCHS may pursue to preserve or restore the properties and their historical remains. 3. Cooperate and coordinate with OCHS and other partner groups that may participate on the care and restoration of the properties. 4. Any financial contributions by the County to the OCHS or preservation of these specific properties shall be subject to statutory and constitutional limitations, and will be subject to the availability of funds, with any allocation of funds being in the sole discretion of the County. There may be other items or issues that come to the attention of either OCHS or the BOCC, which may be needed to be addressed, as appropriate. OCHS may propose projects or amendments to this plan at any time. This plan will be reviewed and updated, as needed, at least every five years, upon the initiation of OCHS. Either party shall have the option, at the time of
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any five year review, to release OCHS from further management responsibilities, if either party deems doing so to be in the best interest of further protection of the site.
APPROVAL This Management Plan for the Corkscrew Turntable Site, Mona Queen and Little Mona patented mining claims, is hereby approved by the Ouray County Board of Commissioners and by the Ouray County Historical Society, for a term of five years from the date of acceptance.
Ouray County Attest:
Lynn M. Padgett, Chair, BOCC Michelle Nauer, Clerk and Recorder By: Hannah Hollenbeck. Deputy Clerk or the Board
Date
Ouray County Historical Society
Date
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Exhibit A
Quit Claim Deed Record Number 72016 Recorded March 6, 1924
The Silverton Railroad to County of Ouray Granting all of railroad right-of way to the County of Ouray
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picks wj.th handlesr4-llo.3 PLcXsr2-4trd.istant cross cut tlmber saws16-8# double jacks wlth
handles, 5 Steel Vfheel BarronsrlE-8 Ft.r.oofin8 tl-nr?3-14x16 floorlng, 50 flsh plates for Ia#
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1 16 ft.Wdrl: bench, 4-8x4 tables wlth benches.(8) 46 Table spoonsr4S tea spoonsrlo Large spoons,
'39 table lmlvesr59 table forksr2 can openersrJ- cake turn€Tr6 lar.ge servlng kettles wlth ltds,
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5 rolls tar paperrS brooms12 Rochester Lamps wl.th glodesrl vrork bolIer12 coal slarittles, 1
Superior llot Blast Heaterr#1411-6 hole Buck ranger#83, 1 wash board, I screen meat boxr8x4x4,
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a].l ln ouray Coullty and State of Colorado.
trVitness lly hand.and seal at Ouray. thls 6th day of March 1924.
Roy talrd SHER'I!'!'. .
Z: 72016 x THIS DEED Mad.e this 25ttr day of July A.D. Ninoteen Hundled and z The Sllverton Ral].way Co. x Twenty Three between TIII:I SILVERTON IIAILIVAY COi'lPAlIyra corporation z -To x organized. and ercl-stlng under and by vtrtuo of,the lalvs of the State CounLy of ouray, x of Coloradorof the flrst parurand the CoLniTY 0F oUIiAYrln tile Stafe z x of Colorad.orof ttle second paJtTWITNESSETH: STATE OF COLORADO,')"".) z x T/-HEREAS,Tbeparty of the flrst part ln indebted to the Colmty county of ouray' tt of ourat and the state:of co101.ad.o for ehd on accolult of certatn ' Filed for recorrl at 3:3O z ofclock P.ff.rLrlarch 611924- x taxes fqr tbe years 1920r192IrI922 and lgzSraggnagatlng app:roxl- and duIy recorded ln Book z 114 Page 15O. x mately the sm of Six Ilmdred. Twelve Do]-lars and SLxt]. Cents z naroro r'.IlaeseJ * /*a1r an\. Recorder z AllD \'''I{EREASrhe party of the flrst paPt has offered to transfer ,rr*rnr*r^"rrn *r*u*r*r*r*"X. .J ------l- and convey al:]- of its tri8htrbltle and interesL ofrln and to lts entire right-of-way and ternlnaL facl:Ilties,and other rallway rlght-of-yray prLvlloges in orray gountyrColoradorln.consideration of the cancellatlon an-d r.e bat6 and waiver of paylleht of sald \ taxes by tne County of Ouray and the State of 'Color.ado; AND il/EilREl\,S Second partl' has ln wrltlng duly approved antl accepted. of sald propositlon and. has pethttroned the Col-orado Tax Coryltdsslon for authorlty'to make such rebate and canc6l-1at1on i5i of said taxes,and has obtalned and secu-Ted the approval of the saicl Colorado Tax Cofimlsslon so dirl a' o hnn^rra^ Noiil THEREI:ORErIn conslderatlon of the cancellation by tho county of ouray and state of Colorado of all taxes due from the party of the flrst part to said County of Ouray and sald I State of Colorad.o includlng the year-s L92or192Lrl-9?2rand, 1923., aggragatLng approxirnal,ely ihe sum of Slx Hundred Twelve.Doll-a?s and Slxty Cents (i$61-2.60),sald party of the first part has and heleby does remiserreleasersellrconvey and quit-clalm mto the sal(t party of the second part,its successors and assigns foreverrall. the rightrtitlerlnterestrcl-a1m and demand whlch the sald par.ty of the first part has ln and to the foIlowlng descrihed real estaiereasements and !.1ghts-of-1'rey situaterLylng and belng ln the County of our:ayr'and State of Coloradorto-yrit: , A1]. of tbe rlght-of-vray of the SlLverton Rail-way Comparry as located upon the grout:.d extend.ing from what is known as the SARAToGA MILLS in said Collrrty and Staterthrough lronton, ln a general Southerl-y alirection to what 1s knoi'/]l as the Sutr'llvl:-Ton the boundary llne betyreen Quray County and San &ran Cor1rlt.*/; ToGETHER wlth aU rights:of-yray for slde tracks,tu"n tables md other easenents over and across the surface be!€bofore hel.drused or possessed by the first par"ty ln the op€ratlon of lts ralLway 1n sald Cotlnty;to the sane extent and rrtith the same rlghts to use and occupy saii rlght-of-lvay and sul'faco heretofore p,ossessed. by the panty of the flrst part. TO H VE AI$D T0 HOLD THE SAME,together rvllh all anat sln€iu1ar the appurtenances and pr.lvi- leges thereunto bel-onglng or ln anywise thereunto apperatlnln€irand a1l the estaterrlghtrtttle, i.nterest and clalm whatsoever of the said. party of the first trartrelther 1n lalv or equity, to the only proper userbenefit and behoof of the sald party of ttre second partrits succeasors and assigns forever. Il,I iIIITNESS YIHEREOFThe party of the flrst part has hereunto caused to be afflxeal lts corporate nme under its corpolate seal by 1ts offlce:'s therernto du]-y authorizedrthe day and year flrst above v'rlitten. ,l THlt SILVEETO]'I RAILV/AY,COI{PANV ATTEST: By otto I'{e€.rs ' Jerome B.FTank. THE SILVERTO}I Pr.esldenl. Secretary. RAIL$/AY COIVIPANY SEAIJ COLORADO. STATE OF CAI.IFORNIA, ) ''ss ' Cormty of Los Angeles) I,Lydla S.Berg a Notary Publlc i.n and fo" sal-d. County 1n the State aforesald Do HEIiEBY CERTIFY.that Otto ldears personally L:nown to me to be the person v/hose name 1s subscribed to Elre foregoing Deed as Presldent of the Sllverton Railway Company, Ls personall-y lmown to ne to be the Pr.eslalent of The Sllvertob, Ralllray Companyrthe corporation that executed the withln and foregoing instrmentrand aclcrowledged. to me that he signedrsealed and delivered the sald lnstrument of vmlbing as his free and voluntary actrand as the free anci voluntary act of sald. S1lve?ton Rall-way Cmpanyrtho corporation executlng the samerfor gte uses and purposes thereln set forth. My donmisslon explres January 6ri-925, Given wrder ny hand ancl NotarlaL seal bhis pbth day of JuIy,A.D.L92g. LYDTA S.BERG lydLa S.Berg NOTARY PUBLIC N6tary Publ-lc. LOS ,rrl,lG.ELESCO. CAL. I