HomeMy WebLinkAbout5.0 Resolution 2001-22STATEOFCOLORADO )
)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 16thdayofApril A.D. 2001 , there were present:
-"'Jo,,,.hn""-"M=art=i=n ___________ , Commissioner Chairman
_L=arrv"-'-M=c=C=o~wn~----------' Commissioner
-~W~a=lt~S=to~w~e~-----------' Commissioner
-=D~o=n=D~e=F~or=d~----------' County Attorney
Mildred Alsdorf , Clerk of th~ Board -~~~~~~----------_.:=E,,,dc..>G .. r""e e"'n,__ ___________ , County Manager
when the following proceedings, among others were had and done, to-wit:
RESOLUTIONNO. 2001-22
A RESOLUTION CONCERNED WITH THE APPROVAL OF THE AL TENBERN & SONS
CONDITIONAL USE PERMIT APPLICATION TO ALLOW TIMBER HARVEST ALONG
THE ESCARPMENT AND TALUS SLOPES 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 Conditional Use Permitto allow for
approval of timber harvest along the escarpment and talus slopes 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 2"d day of April, 2001,_ upon the question of whether the above described
conditional 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
l'llllll 111111111111111111111111111111'1 lll lllll llll llll
579604 04/20/2001 12:07P B1246 . ,dB M ALSDORF
3 of 6 R 0.00 D 0.00 GARFIELD COUNTY CO
cany 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 of6 a.m. to 6 p.m., shall not exceed 10 loads per day, and shall be within legal
weight limits. That any helicopter hauling will only occur between the hours of 7 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
1·111111111111111111111111111111111111~1 1111111111111111
579604 04/20/2001 12:07P B1246 , jg M ALSDORF
4 of 6 R 0.00 D 0.00 GARFIELD COUNTY CO
I 9.
10.
11.
12.
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).
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;
That emissions of smoke and particulate matter shall comply with all Federal, State
and County air quality laws, regulations and standards;
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
provision.
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 Altenbem property found in Sections 13, 14, 23, and 24,
Range 100 west of the 6th PM (a.k.a. "Shale Mountain Fraction").
Dated this 16th day of_A~p~r~i~· l~----' AD. 20.2.l_.
,\~'-~-£~·~/tr 111 ·''---A-_,-·!]-'-'' ,._,_,. - -,, ~ > ,. At_,
.,:• -•", • •, •i""'~ I'/-1,, ... :::· ' ... ·.~,--. · .. -· _•_;·,,,·. ('-::;..
.. (). fr' '<' f"~/· ~~
~~j~ . ~oa;a=p C ·
. '<[<)(). · · · · ~.~M~~~ti:n duly made and seconded the foregoing Res lution
· · fQ\\9~11$, l.<ote:
=C=Ol\1MI~~SS=IO=NE~R~C=HAIR~~J~O~HN~F~·~MAR~=T=IN~~~~~~~--~-,..~,Aye
C0!\1MISSIONER LARRY L. MCCOWN , Aye
C0!\1MISSIONER WALTER STOWE , Aye
STATE OF COLORADO )
)ss
County of Garfield )
I, , County Clerk and ex-officio Clerk of the Board of
Page 4 of5
111111111111 llllll llllll Ill lllllll llDI 1111111111111111
579604 04/20/2001 12:07P 81246 ;0 M ALSOORF
5 of 6 R 0.00 D 0.00 GARFIELD COUNTY CO
1
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 WJTNESS 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 of5
1111111 Hiil llllll llllll 11111111111111.11111111111111111
579604 04/20/2001 12: 07P 8124 .il91 M RLSDORF
6 of 6 R 0.00 D 0.00 GARFIELD ~OUNTY CO
Exhibit A