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Home My WebLink About4.0 Resolution 2001-211111111·11111 111111 111111 111111111 lllUI 1111111111111111 579603 04/20/2001 12:05P B124l J80 M RLSDORF 1 of 6 R 0.00 D 0.00 GARFIELD COUNTY CO STA TE OF COLORADO ) )ss County of Garfield ) At a regular meeting of the Board of County Commissioners for Garfield County, Colorado, held in the Commissioners' Meeting Room, Garfield County Courthouse, in Glenwood Springs on, Monday , the--1..6..t.hday of llpri 1 A.D. 20 01 , there were present: -"-'Jo""hn,,._,M=art""i=n ___________ , Commissioner Chairman -""L,,,arrv"-'-M=c=C=o-"'wn=-----------' Commissioner -~W""a""lt~S=t=o-"'w=e ___________ , Commissioner -=D=o=n=D~e=F=o=rd~----------' County Attorney -=M=i=ldr~ed~A~ls=d=orf~----------' Clerk of the Board -=E=d~G=r~ee=n~------------' County Manager when the following proceedings, among others were had and done, to-wit: RESOLUTION NO. 20a1-21 A RESOLUTION CONCERNED WITH THE APPROVAL OF THE AL TENBERN & SONS SPECIAL USE PERMIT APPLICATION TO ALLOW TIMBER HARVEST ALONG THE GENTLE SLOPES AND LOWER VALLEY FLOOR IN THE R/L ZONE DISTRICT. WHEREAS, the Board of County Commissioners of Garfield County, Colorado, has received an application from Altenbern and Sons for a Special Use Permit to allow for approval of timber harvest along the gentle slopes and lower valley floor on private lands in the R/L zone district; and WHEREAS, the Board of County Commissioners of Garfield County, Colorado, held a public hearing on the 2nd day of April, 2001,_ upon the question of whether the above described special use permit for a timber harvest should be granted or denied, at which hearing the public and interested persons were given the opportunity to express their opinions concerning the approval of said conditional use permit; and WHEREAS, the Board of County Commissioners of Garfield County, Colorado, on the basis of substantial competent evidence produced at the aforementioned hearing, has made the Page 1 of5 I llllll lllll llllll llllll Ill llllll ll'1•j 1111111111111111 579603 04/20/2001 12:05P 81241. .'881 M ALSDORF 2 of 6 R 0.00 D 0.00 GARFIELD COUNTY CO following determination of fact as listed below: 1. That proper public notice was provided as required for the hearing before the Board of County Commissioners; 2. That the hearing before the Board of County Commissioners was extensive and complete, that all pertinent facts, matters and issues were submitted and that all interested parties were heard at that meeting; 3. That for the above stated and other reasons, the proposed special use permit is in the best interest of the health, safety, morals, convenience, order, prosperity and welfare of the citizens of Garfield County. 4. That the application is in conformance with the Garfield County Zoning Resolution of 1978, as amended; NOW THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Garfield County, Colorado, that the Altenbern & Sons Special Use Permit is hereby approved subject to compliance with all of the following specific conditions: I. That all representations made by the applicant in the application, timber harvest plan, or at the public hearing shall be conditions of approval, unless specified otherwise by the Board of County Commissioners. Said representations include, but are not limited to: a) Dust will be controlled with water or dust control chemicals so that it does not become a nuisance. If these are not sufficient means of dust control, the number of truck trips per day, and the speed of the trucks, shall be reduced as necessary. b) The appearance of a mature, high forest will be maintained. c) Slopes of 50+% slopes shall be harvested with helicopters. d) 5,000 to 10,000 tons will be harvested using selective cutting. e) The existing Carr Creek bridge crossing will be upgraded to handle haul loads and haul roads on private lands will be improved or constructed to minimum haul standards. t) Intermittent drainages shall be crossed at right angles, with 18" steel or ADS culverts placed on a 2-4% grade, covered with at least 1' of dirt, and provided with a rock apron for spillage. g) Landing slash will be burned during favorable conditions, with the proper permits. Bum areas and skid trails will be disked and re-seeded. Culverts will be placed to prevent erosion along abandoned roads. Cut/fill slopes will be stabilized. Noxious weeds will be monitored and treated. h) Subsequent sales will obtain the appropriate new or expanded permits. i) All operations will cease during spring run-off(typically March-May) and during big game hunting season (October to early November). j) Chainsaws shall be equipped with spark arrestors and all motorized equipment shall Page 2 of5 1111111111111111111111111111111111111111111111111111111 579603 04/20/2001 12:05P 81246 l2 M RLSDORF 3 of 6 R 0.00 D 0.00 GARFIELD COUNTY CO carry at least one shovel and one fire extinguisher; 2. That roads shall be maintained adequately. The applicant shall work with the Garfield County Road & Bridge Department to create a road maintenance agreement. Said agreement must be approved by the Board of County Commissioners prior to issuance of any conditional or special use permit; 3. That a weed control program shall be created and submitted to the Garfield County Vegetation Manager for approval prior to issuance of any permits. The approved program shall be implemented on both County (specifically CR 204 and CR 207) and private roads; 4. That all timber hauling on County Roads shall occur Monday through Friday, between the hours of 6 a.m. to 6 p.m., shall not exceed I 0 loads per day, and shall be within legal weight limits. That any helicopter hauling will only occur between the hours of7 a. m. to 5 p. m., Monday through Friday. 5. That the forest management practices will be monitored for compliance with the Douglas Fir timber harvesting plans by a consultant agreed upon by the Board of County Commissioners and the applicant, and paid for by the applicant. 6. That a bond of $100,000.00 will be placed with Garfield County to be used for the repair of CR 204 and CR 207 due to damage attributable to the applicant's activities, for mitigation of impacts, for implementing rehabilitation of the site, and for controlling noxious weeds. The bond shall be valid for the period of time that the applicant is actively logging on their property. The $100,000.00 bond shall be issued solely for the Altenbem project, and not cover any other operations; 7. That the Special and Conditional Use Permits are subject to review for compliance or noncompliance with the timber harvest plans and the conditions placed on the permits. The applicant will be required to submit a report one year from the date of issuance of the special and conditional use permits indicating the measures taken to comply with the performance requirements of the permit. The Board of County Commissioners will review the report in a public meeting within 30 days of receipt of the report and may determine that a public hearing is necessary to consider suspension of the permit or that conditions of approval must be met before additional activities can occur on the property; 8. That this conditional approval shall be valid until 4/2/02. If the applicant fails to meet the conditions by 4/2/02, and subsequently the conditional and special use permits are never issued, the approval shall be automatically revoked, unless an extension is granted by the Board of County Commissioners; Page 3 of5 I 11111\ 111111111111111111111111111111111111111111111111 579603 04/20/2001 12:05P 81246 P • M ALSDORF 4 of 6 R 0.00 D 0.00 GARFIELD COUNTY CO 9. That the volume of sound generated shall comply with the standards set forth in the Colorado Revised Statutes at the time the application was filed (5/12/00). 10. That the ground vibration inherently and recurrently generated is not perceptible, without instruments, at any point of any boundary line of the property on which the use is located; 11. That emissions of smoke and particulate matter shall comply with all Federal, State and County air quality laws, regulations and standards; 12. That the following shall not be emitted: heat, glare, radiation or fumes which substantially interfere with the existing use of adjoining property or which constitutes a public nuisance or hazard. Flaring of gases, aircraft warning signals, reflective painting of storage tanks, or other such operations which may be required by law as safety or air pollution control measures shall be exempted from this prov1s1on. 13. That the applicant shall comply with the BLM and Mesa County access permits, and shall obtain and comply with any other necessary permits. 14. That, due to a lack of public noticing, the conditional and special use permits do not cover the portion of the Altenbern property found in Sections 13, 14, 23, and 24, Range I 00 west of the 6th PM (a.k.a. "Shale Mountain Fraction"). STATE OF COLORADO ) )ss County of Garfield ) GARFIELD COUNTY BOARD OF COMMlS ONERS, GARFIELD CO OL RADO I, , County Clerk and ex-officio Clerk of the Board of Page 4 of5 ' 1111111111111111111111111111111111111111111111111111111 579603 04/20/2001 12:05P B124l 884 M RLSDORF 5 of 6 R 0.00 D 0.00 GARFIELD COUNTY CO County Commissioners, in and for the County and State aforesaid, do hereby certify that the annexed and foregoing Resolution is truly copied from the Records of the Proceeding of the Board of County Commissioners for said Garfield County, now in my office. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of said County, at Glenwood Springs, this __ day of , AD. 20 __ . County Clerk and ex-officio Clerk of the Board of County Commissioners Page 5 of 5 ' 111111111111111111 111111 1111111111111111111111111111111 579603 04/20/2001 12:05P B124l 885 M ALSDORF 6 of 6 R 0.00 D 0.00 GARFIELD COUNTY CO Exhibit A