This Memorandum of Understanding (MOU), made this _____ day of _____________, 2002, between the Otsego County Road Commission ("OCRC") and the Pigeon River Country Advisory Council (the "Advisory Council");

WHEREAS, the Advisory Council is a citizen’s group appointed by the Michigan Department of Natural Resources to advise and consult with the Michigan Department of Natural Resources concerning the management of the Pigeon River Country State Forest (the "Pigeon River Country") pursuant to "A Concept of Management For the Pigeon River Country" adopted by the Michigan Natural Resources Commission in 1973 (the "Concept of Management") ; and

WHEREAS, a number of county roads exist within the Pigeon River Country that are under the jurisdiction of the OCRC; and

WHEREAS, the OCRC wishes to promote a better understanding by the Advisory Council of the work of the OCRC and its authority and obligation to provide safe roads, and to develop methods and procedures for improved communications with the Advisory Council regarding road projects within the Pigeon River Country; and

WHEREAS, the Advisory Council wishes to promote a better understanding of the Concept of Management by the OCRC in the interest of retaining the "wild" character of the Pigeon River Country, and to develop improved methods for timely exchange of information regarding OCRC projects; and

WHEREAS, both parties wish to assure mutual recognition and understanding of their respective interests with respect to state forest roads and county roads, to provide for mutual understand regarding the potential impacts of special uses of county roads, and to harmonize to the extent possible the goals and objectives of both organizations regarding road projects within the Pigeon River Country; and

WHEREAS, the OCRC and the Advisory Council wish to enter into this MOU to provide for mutual advice and consultation regarding maintenance, improvement, alteration, and management activities with respect to county roads within the Pigeon River Country, so as to improve communications and the flow of information regarding such projects.

NOW, THEREFORE, the parties have reached the following points of understanding.

1. The OCRC will furnish to the Advisory Council a description of distinguishing ordinary, routine road maintenance activities ("Routine Maintenance") from projects involving improvement, alteration and special management of county roads within the Pigeon River Country ("Road Projects").

2. Whenever practical and consistent with public safety, the OCRC will notify the Advisory Council in advance of any Road Project (as distinguished from Routine Maintenance), for the purpose of obtaining the Advisory Council’s input, recommendations, and advice regarding such Project. The Advisory Council agrees promptly to provide such input, recommendations and advice, whenever possible within 15 days following its next scheduled meeting after receipt of the project notice from the OCRC.

3. The notice to the Advisory Council will be provided in the form of an information packet describing the proposed Road Project and the purposes and reasons for undertaking it. The OCRC’s representative on the Advisory Council shall act as a liaison between the OCRC and the Advisory Council in connection with the transmission of the information packet to the Advisory Council.

4. Whenever possible and consistent with public safety, the OCRC will defer action on the proposed Road Project until receiving the Advisory Council’s advice or recommendations regarding the project.

5. The Advisory Council agrees to inform OCRC regarding any MDNR projects or activities within the Pigeon River Country that may materially impact county roads or their use (an "MDNR project") for the purpose of obtaining the OCRC’s input, recommendations and advice with respect to such project. The OCRC agrees promptly to provide such input, recommendations and advice, whenever possible within 15 days following its next scheduled meeting after receipt of the project notice from the Advisory Council or MDNR.

6. The notice to the OCRC will be provided in the form of an information packet describing the proposed MDNR project and the purposes or reasons for undertaking it. The Area Forest Manager shall act as a liaison between the Advisory Council and the OCRC in connection with the transmission of the MDNR project information packet to the OCRC.

7. When reasonably requested to do so, the OCRC agrees to make available a representative familiar with the proposed Road Project to attend an Advisory Council meeting to describe and discuss the project, or to discuss the OCRC’s advice or recommendations with respect to an MDNR project impacting a road within the Pigeon River Country. Likewise, when reasonably requested to do so, the Advisory Council agrees to make available a member to attend an OCRC meeting to discuss the Advisory Council’s advice or recommendation with respect to a proposed Road Project, and to respond to inquiries from the public or other interested parties regarding the Concept of Management and the rationale for any Advisory Council advice or recommendations with respect to a proposed Road Project.

8. For informational purposes, the Advisory Council agrees to provide advance notice to the OCRC of proposed timber sale areas within the Pigeon River Country.

9. Each party agrees to inform the other upon becoming aware of any proposed or possible special use that may impact a county road within the Pigeon River Country.

10. The parties agree that representatives of the OCRC and the Advisory Council will meet periodically as necessary and appropriate to discuss potential Road Projects and MDNR projects, as well as any issues involving Routine Maintenance, so as to promote adherence to the Concept of Management consistent with the OCRC’s legal requirements.

11. The OCRC, consistent with its legal obligations, and the Advisory Council agree to be guided by the Concept of Management in their respective decisions, advice, and recommendations regarding Road Projects.

IN WITNESS WHEREOF, the parties have executed this Memorandum of Understanding on the day and year first above written.

Witnesses: OTSEGO COUNTY ROAD COMMISSION

By

Its

Witnesses: PIGEON RIVER ADVISORY COUNCIL

By

Its Chairperson