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HomeMy WebLinkAbout1.0 Application74,;Q9: 66A Stella Archuleta APPLICATION Special Use Permit Vlip //ta7 1 GARFIELD COUNTY PLANNING DEPARTMENT 109 Eighth Street, Suite 303 'Glenwood Spriugsl CO 81601 Telephone; 970.941S.S212Facsimile: 970.945 7185 %J ubtruttal Date: NI U.-1 ) o' \C(q K Base Fee: $400 ►Qlica4t: /� D LtA \ 1‘)1. l c.''r dd s°,of Applicant: 710 �"� 2 e� �(o r ��a Tel�:nh q?�-Vg--/33a 7'�t b 'Distract: A -R R D Size of Property. d1. i4 res ;Application Requirements: —hese items anus', be submitted with the application 11 Plans and speciLatioas for the proposed use including the hours of operation, the amount of vehicles accessing the s_te on a daily, weeldy and/or monthly basis, and the size of any existing or proposed structures ttia will be utilized .n conjunction with the proposed use. Please submit this information in narrative form and be specific. 2] If you will be using water or will be treating \wastewater in conjunction with the proposed use. please detail the amount of water that would be used and the type of wastewater treatment. If you will be utilizing well water. please attach a copy of the appropriate well permit and any other legal water supply information, including a water allotment contract or an approved water augmentation plan. 3] A map drawn to scale portraying your property, all structures on the property, and the County or State: roadway's within one G) mile of your property. If you are proposing a new or expanded access onto a County or State roadway, submit a driveway or Lughway access permit. 41 A vicir_i-y map, showing slope of your property, for which a U. S.G.S. 124,000 scale quadrangle map will suffice. 5] A copy of the appropriate portion of a Garfield County Assessor's Map showing all public,; and private landowners adjacent to your property. Include a list of -all property owners and their addresses. 6] Attach a copy dale deed and a legal description of the property. If you are acting as an agent for the property owner. you must attach ar acknowlaigment from the property owner that you may act to f =Y his/her behalf. 7] Fbr all applications pertaining to airports, the oil and gas industry, power generation and/or transmission industry, or any other classified industrial operation, you must submit an impact statement consistent with the requirements of Sections 5.03, paragraphs 1 thru 3; 5 03.07, utciist�e. attd 5.03.08, inclusive. , The consideration'of this proposed Special Use will require at least one (1) public heating, for which public notice must be provided. The Planning Department will mail you information concerning this hearing's). approximately 30 days prior to the scheduled hearing. You will then be required to notify, by certified return .receipt mail, all adjacent landowners and publish thc notice provided by the Planning Department, in a newspaper of genera! circulation. Both these notices must be mailed/published at least 15 days prior to the Public heanng. The applicant shall Dear the cost of mailing and publication and proof of mailing and ptblication must be submitted at thc time of the public hearing. • • The informati Applicant: tained within this application is complete and correct, to the best of my knowledge 6:V47 i'/ .& Date: g "_ l q -a -b 970— $ T '— 5/-3' • • ttreorited at Iteeepthm Nnn 4 i���•t,Ktr A SHELDON PRESTWICH also Known as SHELDON GRAFF PRESTWICH whose nddtcws is 865 South 860 West Cedar City, UT Cin my of Iron , State of Utah , for the consideration of ----Ten dollars and other good and valuable considerat on dollars, in hand paid, hereby and convey 0) to RELODI CREEK BUFFALC RANCH LLC loirO927i S;; j3 order. JAN c41995 G riFIEL.0 Stat© D. r:. FE+w; S whose Irgal addres is 7703 County Road 312 New Castle, CO 81647 County of Garfield , and State of CO County of Garfield the following real property in the , and State of Colorado, to wit: The East half of Section 9 and .he Northeast Quarter of Section 16, Township 7 South, Range 90 West, of the Sixth P.M. SUBJECT to all reservations and restrictions contained in the original United States land Patent. TOGETHER WITH all rights, privileges, easements and appurtenance thereunto belonging or in r „Tway appertaining. TOGETHER WITH a non exclusive easement and right of way 15 feet in width for ingress and egress over and across the existing road crossing over Grantors land. ii Said easement and right of way begins on Grantors West line approximately 600 feet North of ane West Quarter corner of Section 15, Township 7 South, Range 90 West, of the the Sixth principal, meridian, Colorado and runs Easterly along said,, roadway to a point easterly 1320 feet, more or less, from beginning, thence Northwesterly along said roadway 1320 feet more or less to Grantors West property line. with all its appur•tenancvs, and warrant(s) the title to the same, sHAIgt//gr. Signad this 101 lay of Decembe 1 19 94 (7) 4,..„, Sheldon Prestwich a so known as Sheldon Graff Prestwich STATE "E U('1,71,4A1V1uTAH B,(Ib .ue Oymas IPtlnlP.tl p 20 Hig}},1 Lend` Cerfi c ; j. ll 1 /'•. �A�. d 28 Il ,'1I �. 3 r. %' _ / Gra el Pits/% 1i / I►� //4A:CA /4ikub q I GARFIELD CREEK 12\ 9 1+70' < # _ to % 3l ti. VABM _.i 1s l 79 p. C,esl re, STATE WILDLIFE( . c'TCH 36 ARK ,335/1 AREA L_J 6 Ge '126 8' 1 z Gas ell \ ! u 36.ar'� i 36' 1/7' Baldy: �. / Radi1 ✓JGARFIELtl 221, / ower: STATE WILDAFE AREA • % 12921`ti/j(`yy��'}6 �ZS r ittl Ealdy� �� ��i ) Mtn ",` 40-/////.. 11 o 16 o V I'`IELI) ZESA 18 � I A Brook o - mole -6 �t Ve 41 zr.fu Rene, Per. wFlatin to 999 I Cdr 311,01,o ,�;�'illtrl 36 Gee W I! yycl ell ) !ri.1 ♦ He ec pson Cr n Mine 34 7483, " Belodi Creek Buffalo Ranch Aspen timber type Cutting area County Rd 312 Interior property rds• * v n 4 f 1R //Air n B.L.M. saw Boundary Boundary Taxing Area No. 2—D(S—F1 +I calre Tovinn Arne Nn 1-r -Tl T T B.L.M. T vl T r t O Boundary - m 0 5 • • IMPACT STATEMENT As per sections 5.03.07 and 5.03.08 of the Garfield County Land Use Codes, Subtitled "Industrial Operations, This Impact Statement is filed with Garfield County for the purpose of conducting logging operations on the "Belodi Creek Buffalo Ranch LLC" owned by Larry and Virginia Schmueser, of_7703, County road 312, New Castle Colorado, 81647_ said property being within the boundaries of said county. Louisiana-Pacific Corporation has entered into a contract with Mr. Mrs. Schmueser to commercially harvest Aspen and Subalpine Fir from their property located Nine (9) miles South Southeast of New Castle, Colorado. A copy of that contract is attached. The legal description is as Follows: E 1/2 section 9, and the NE 1/4 section 16, T7S, R90W. This property is owned under the following deed recorded in the Garfield County Recorders office: Book 927, page 131. A copy of that deed is attached. Total acreage of the tract is 480 acres, with about 240 acres being in Aspen type, and the balance in Oak and Sagebrush. Total acres to be treated by harvesting are 180 acres, as shown on the attached map. Louisiana-Pacific intends to sub contract the logging operations to Brandt Logging of Lazear, Colorado. Brandt will perform the contractual work as defined in the "Timber Sale Agreement. Operations will began sometime this summer, and will continue until completed or weather and ground conditions dictate shut down. The normal period of shutdown runs from about February 15th through June 1st, but as this tract is under hunting lease, shut down will probably occur in early October. As Brandt Logging and L -P have contractual obligations with other parties, and weather conditions are not predictable, it is not possible to set specific dates of operations except to state that the period of operation is subject to the timing of this permit process, and contractual agreements. Contractual agreements call for logging to be completed by October 1, 1999. The following then are the conditional and special use requirements for Garfield County as governed by the Land Use Code where applicable to this Operation. 5.03 Conditional and Special Uses 1. Utilities and sanitation. As no temporary or permanent structures will be needed for this operation, and water is brought in daily, no facilities will need to be constructed for this purpose. 2. Street improvements. Present roads are adequate to provide access to the project, and roads on the project site itself, will be upgraded to serve the operation. 3. The project is distant from any other regular daily use, and should need no special mitigation efforts to protect surrounding activity. • • 5.03.07 INDUSTRIAL OPERATIONS A. Existing Lawful use of Water. Colorado Timber Industries and the Colorado State Forest Service have developed and adopted Best Management Practices to insure protection of water quality. Louisiana-Pacific and Brandt Logging were part of the development process, have used these guidelines in their harvest operations for many years, and will implement them into its operations on this tract. No blue line streams are within the proposed cutting areas, and no conditions no conditions have been noted on this tract that would require other than normal application of these practices. The BMP book is attached to the original copy of this impact statement. B. Generation of vapors, dust, smoke, noise, glare, vibration, or other emanations. Logging equipment used meets all existing standards for exhaust emissions, and noise levels. Glare and Vibrations are minimal, and do not adversely effect areas beyond the immediate (100ft) vicinity of the operating machine. Dust levels will not be of such a level as to extend beyond the project boundary. Due to the remote location of the project none of the listed emanations would adversely effect normal activities off the site. Smoke will be generated in the final stages of the project when the slash piles are burned, but this will not be of an ongoing nature, and will be rapidly be dispersed. There are several residences along the haul route close enough to the county road to make it wise to lay down a layer of Mag Chloride to abate dust. This will be done at L -P expense, and coordinated through the County Road and Bridge Department. C. Impacts on wildlife. No known hazardous attractions are known to be generated by logging operations. Native vegetation will not be negatively changed except to regenerate the existing aspen stands. This will impact wildlife to the extent that it will provide enhanced browse for deer and elk. Migration of wildlife will not be blocked, and the operations will not occur during normal migration periods . Use patterns may be effected to the extent that more food will be available, and deer and elk will probably extend their use of the area. D. Haul routes. There is only one road out of the area. This is Co. Rd. 312 to Garfield Creek Road, thence down Garfield Creek Road to the Colorado River Road, thence to I-70 at New Castle. A map of the route is attached. Most of the route is over dirt, and gravel roads. Warning signs will be posted along the route to notify public of truck traffic. E. Damage to adjoining property. This tract is under fence with all adjacent owners, and with the unlikely exception of trespass, no damage is known to occur to adjacent property as a result of operations of this nature. F. Mitigation measures. The implementation of the BMPs will ensure that issues of soil disturbance, and water quality are addressed as part of the ongoing operations, and no extraordinary measures will be needed. Reforestation of the cut areas will be accomplished naturally, through aspen sprouting. Normally this occurs within a year. Closure and rehabilitation of on site activity is covered in the contract provisions. Normal road maintenance will insure that no extra ordinary road repairs are needed. Traffic warning signs will be posted. • • 5.03.08 INDUSTRIAL PERFORMANCE STANDARDS 1. Volume of sound. Equipment used on this operation complies with all state and federal statutes with regard to noise. 2. Vibration generated. No vibrations that would be detectable from any distance are known to occur from this type of equipment . 3. Emanation of smoke and particulate matter. Machinery to be used complies with all applicable air quality regulations and standards. 4. Emission of heat, glare, radiation and fumes. No such emanations that would extend to adjoining properties are known to occur with logging operations 5. N/A 3- • TIMBER PURCHASE CONTRACT THIS AGREEMENT is entered into by and between LOUISIANA-PACIFIC CORPORATION, P.O. BOX 1269, MONTROSE, COLORADO 81401, hereinafter referred to as "Buyer," and Belodi Creek Buffalo Ranch LLC, 7703 County Rd 312, New Castle, Colorado, 81647, herein after referred to as "Seller." 1. "Merchantable Timber" as used in this contract shall mean that timber, either standing, dead, falling or down, which at the time of conversion into a wood product in the woods is, in the opinion of the Buyer, economically loggable. 2. The lands upon which this timber is purchased under this contract are located accordingly: Approximately 12 miles South of New Castle Colorado, being: The E %z of Section 9, and the NE 'Y4 of Section 16, T7S, R90W, SPMC. 3. Buyer shall pay Seller $4.25 / Ton , for aspen/fir POL (Products other than Logs) weight scaled and delivered to Louisiana-Pacific Corporation during the period July 1" 1998 to October 1" 1999. Total volume removed from the Seller" property is estimated to be 8500 Tons. This is an estimate f.ily and neither Seller nor Buyer is held to this volume. 4. The expirat►,date of this contract shall be 10/1/99. 5. Seller warrants marketable title to all timber to be cut and/or removed pursuant to this contract and agrees that they have full right, title and authority to grant to Buyer the right and privilege of cutting and removing the timber so designated. 6. HOLD HARMLESS - The Buyer shall indemnify and save harmless the Seller against all suits or actions of every kind and nature brought against the Seller for or on account of any injuries or damages received or sustained by any person, firm, or corporation in connection with, or on account of the performance of the work under this contract or by any consequence of any negligence in connection with the same, or on account of any act or omission or commission of the Buyer or his subcontractors, agents, servants, or employees, or for any cause arising out of the performance of the subcontractors, agents, servants or employees relating to this contract. The Seller shall indemnify and save harmless the Buyer against all suits or actions of every kind and nature brought against the Buyer for or on account of any injury or damage received or sustained by any person, firm or corporation in connection with, or on account of the performance of the Seller's obligations under this contract, or by any consequence of any negligence in connection with the same, or on account of any act or omission or commission of the Seller or his subcontractors, agents, servants or employees, or for any cause arising out of the performance of the subcontractors, agents, servants or employees relating to this contract. 7. If any suit, action or proceeding relating to any right, duties or liabilities arising hereunder is initiated by either party, the prevailing party shall be entitled to recover such sum as a court shall ajudge reasonable as attorney's fees, including those for any appeal, in addition to the costs and disbursements provided by statute. 8. Buyer and Seller shall locate and agree on cutting areas. 9. Buyer shall whole tree skid all trees harvested to landing areas and shall pile all brush in said landings for later burning. 10. Buyer shall grass seed all roads, skid trails and landing areas with a mixture of grass seed approved for aspen soil types. 11. Buyer shall close temporary roads used to access the timber sale (i.e. pulling in berms, waterbarring seeding) if so directed by Seller. Roads to be left open as directed by the Seller shall have water control devices (water bars, ditches, etc.) installed to control runoff. Said roads shall be bladed and left in good condition after volume is removed. Buyer shall maintain and leave all existing roads in good condition for use by Seller. 12. In the event of an unforeseen mill closure due to uneconomical market conditions or Acts of God, Buyer shall cease harvest operations and shall remove any cut timber from the property and pay