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HomeMy WebLinkAbout1.0 Applicationi 9, 2000 12:10N APPLICATION Special Use Permit r NC. 1224 P. 2/6 a4..4 , —W GARFIELD COUNTY PLANNING DEPART1Vi)?NT RECEIVED JAN 1 7 LUUI 109 Eighth Street, Suite 303 Glenwood Springs, CO 81601 Telephone: 970.945.8212 Facsimile: 070. 384-5004 Submittal Date: q'di"ti t7) °LO D 1 Base Fee:r_ _ S400 — - Applicant; Address of Applicant—in.* a (A 'seekr ou Co . S-14—l2—Telephone.: q)0 — 3 2 3 - St 0 3 Special Use Being Requested O ii Zone Disuict: (R-1 \Li) Sze of Property: ) 4 &y_- VI ani ► it .t e t Application Requirements: 7 ► 11 Pans and specifications for the proposed use including the hours of operation, the amount of vehicles accessing the site on a daily, weekly andior monthly basis, and the size of any existing or proposed structures that will be utilized in conjunction with the proposed use Please submit this information in narrative form and be specific. 2j 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. A map drawn to scale portraying your property, all structures on the property, and the County or State roadways within one (1) mile of your property. If you are proposing_a newter expandedacces_ento a County or State roadway, submit a driveway or highway access permit. e,41 A vicinity map, showing slope of your property, for which a U.S G.S. 1:24,000 scale quadrangle map will suffice. e1 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 of the deed and a legal description of the property. property yu are acting as an wrist that you en forrt e property owner, you tpust attach an acknowledgment from the y in his/her behalf ,u n Et , For all applications pertaining to airports, the oil and gas indus'7y, power generation and/or e_ transmission industry, or any other classified industrial operation, you must submit an impact statement consistent with the require:neots of Sections 3-03, paragraphs 1 thru 3, 5,03.07, inclusive: and 5.03.08, inclusive. The consideration of this proposed Special Use will require at least one (1) public hearing, for which public notice must be provided. The Planning Departrnent 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 the notice provided by the Planning Department, in a newspaper of general circulation. Both these notices must be mailed/published at least 15 days prior to the public hearing- The applicant shall bear the cost of mail,ng and publication and proof of mailing and publication must be submitted at the time of the public hearing. The informtion - tained within this application is complete and correct, to the best of my knnw►edgc: Applicant. Date: 1 • • To: Mark Beame Garfield County Planing and Zoning From: James G. Diamanti 683 Glen Caro Drive, Grand Junction, Colorado, 81506 Subject: Application for Special Use Permit James G. Diamanti, Jane Juliano, and Gregory Diamanti have entered into a contract with LP to harvest timber, said contract to be administered by James G. Diamanti. This contract is dependent upon securing the necessary permits from Garfield County. As such, LP is hereby authorized to make application for, and secure said permit, provided that the terms of said permit do not modify the terms of the contract between the parties. /U.a lautiAx-e Dated: %/ i — U_ Ci N Q O U r+m mo ▪ B CS) G r® m O ID t0 cr N ti- e r O eco to ID Book 444 ?age 468 Recorded P. Y __JUT 17- 1q73 Reerpt.or. 11a Stephens" _ THIS DEED, sae this 4th d■7 d April •31) 73 between. STELLA DIAMANTI, JANE DIAMANTI, GREGORY DIAMANTI and JAMES DIAMANTI County of of the and State of Colorado. of the first part, and JAMES DIAMANTI of the Coant7 of Garfield and Stats .f Alli DCX 1ARRI MAY 17 1873 Colorado, of the second part: WJT I SETH. That the raid pani eXif the first part. for and in consideration of the arta of Ten Dollars and other good and valuable considerations to the said pan 1eS of the first part in hand paid by said part Y of the second hereby confeawd and acknowledged,hYe part, the receipt whereof L granted, bargained. sold and conveyed. and by these presents do grant, barg..in, sell, convey and confirm, unto the said pert Y of the second part, hi shears and assigns far- ever, orever, all the following described lot or parcel of land, situate, lying and bring m the County of Garfield and State of Colorado, to wit: The SE k Section 11, Township 7 South, Range 90 West of the 6th P.M. TOGETi9E31 with all and singular the bercditamerta and appurtenances thereto belonging. or in anywise .0/pertaining, and the reversion and reversions, remainder and remainder., rents, issues and profits thereof. and all the estate, right, title, intrreert, claim and demand whatsoever of the said part i es of the first part, either in law - or equity, of. in and to the above bargained premises, with the hereditament. and appurtenances TO HAVE AND TO HOLD the -said premiaee above bargained and described with the appurtenances, to the said part y of se1crond part, hi heirs and assigns forever. And the said parties of the firat part, for them seitre TF.A, executors, and administrators, do covenant, grant, bargain, and agree to and with the said pan y of the second part, his heirs and assign., that at the time of the en/eating and delivery of these presents, they arewell seized of the premises above conveyed. as of good, sure, perfect, absolute and indefeasible estate of inheritance. in law, in fee simple. and ha ve good right, full power and lawful authority to grant, bargain, sell and convey the same in manner and form as aforesaid, and that the same are free and clear from all former and other grants, bargain-, alta, liens, taxes, .awe'smrnts and enr•mbrances of whatever kind or nature Deemer. - ::mi tl:e .hour na;f;o.r:e,l prrmisew in the quiet and peaceable n:enon of the .a,d party of the weaned p4_ -t. his heirs end ossigt.s against ail ar,d every p..• _.,r: p:-rwor.s 1;.a -fully Lisicir.g or w cla_rn tht -h•„e or any part' :hereof, the said parties of :he first part .;boll art: .rill \\-.il;SANT ANL FOREVER DEFER. IN WITNESS WHEREOF. the said parties of th- firrt part ha ve hereunto set theiltLand S and seals the day and year first above erritten. STATE OF Counts of Carbon Stella Dialpenti �.�-- (SEAL/ 19(1e _ b i amallii Grco las. _ , me .7 -tames Diamanti 6th The foregoing instrumentwasacknowledged before 1973 ,e.7 ,,'3TE,I',p•,DIAMANTI My eornndrogtvaap J- o I7 15* `t,:z1f •�a r! nti dal of April (SEAL) (SEAL) , 19 7 3 . Witness my hand and official seal. Peas. Na. 932 W A rfre..r..iw 3....it-6,.slure "'arta.. 111...{ Sfw.t Strew., Leis, _,J,n 0 O — J a o 0 TITLE CORRECTION DEED • Recorded at—Q�j � k t4, NOV 12 �S O Boox 559 ascan Reception No. V©��+rcorder, THIS DEED, Made this ,198 0 between GREGORY DIAMANTI, JAMES DIAMANTI, STELLA DIAMANTI and JANE DIAMANTI of the County of and State of Colorado, of the first part, and GREGORY DIAMANTI, JAMES DIAMANTI, STELLA DIAMANTI and whose legal address is 2703 Skyline, JANE D. JULIANOas Grand Junction, tenants in common and not of the County of Colorado, of the second part: as joint tenant§dStateof Mesa Rev 1781, Irourgrt WITNESSETH, That the said part ieBof the first part, for and in consideration of ' ' Ten Dollars and other good and valuable considerations -- to the said part leo of the first part in hand paid by said part les . of the second part. the receipt whereof is hereby confessed and acknowledged, have granted, bargained, sold and conveyed. and by these presents do grant, bargain, sell, convey and confirm, unto the said part les of the second part, theikeirs and assigns fon ever, all the following described lot or parcel of land, situate, lying and being in the County of Garfield and State of Colorado, to wit: Township 7 South, Range 90 West of the 6th P.M. Section 1: : Eh SW' Sect:ion 12: Wh Section 13: Nh NWS, W1 SWI(, SE) SW's Section 14: Eh NE', SES, 5' SW', NE' NWk Sect:ion 23: NES, Eh NW' Section 24: Sh NWIy, NES NW's also known as street and number (vacant land) TOGETHER with all and singular the hereditaments and appurtenances thereto belonging, or in anywise apper- taining, and the reversion and reversions, remainder and remainders, rents, issues and profits thereof, and all the estate, right, title, interest, claim and demand whatsoever of the said parties of the first part, either in law or equity, of, in and to the above bargained premises, with the hereditaments and appurtenances. TO HAVE AND TO HOLD the said premises above bargained and described with the appurtenances, unto the said part ie^ of thenrecpnd part, their heirs and assigns forever. And the said parties of the first part. for them selves bees executors, and administrators, do covenant, grant, bargain, and agree to and with the said part ies of the second part,their heirs and assigns, that at the time of the ensealing and delivery of these presents, they are well seized of the premises above conveyed, as of good, sure, perfect, absolute and indefeasible estate of inheritance, in law, in fee simple. anti ha ve good right, full power and authority to grant, bargain, sell and convey the same in manner and form as aforesaid, and that the same are free and clear from all former and other grants, bargains, sales, liens, taxes, assesaments and encumbrances of whatever kind of nature soever. and the above bargained premises in the quiet and peaceable possession of the said part les of the second part, their heirs and assigns against all and every person or persons lawfully claiming or to claim the whole or any part thereof, the said part ies of the first part shall and will WARRANT AND FOREVER DEFEND. IN WITNESS WHEREOF, the said part ies of the first parha ve hereunto settheirhand s and seal s the day and year first above written. STATE OF MEM= Utah y 35. .. - County of Carbon JJ1 ,Thwfore;gging instrument was acknowledged before me this Iet04 (�, A iv ,pREGORY DIAMANTI. :ilk,kfy cbmniiasion oxpires July 15, `t`P U ©''''''..1!...,z,,.4� ''Y` P!'SS� '„serer•.•” •STELLA DIAMANTI /...� -LlitA ((1/t1 lQit4.t L/ !SEAL) SEAL) (SEAL) (SEAL) JANE DIAMANTI 14th day of October 19 81 . Witness myy hand �and official seal. O —S1eL�•GSC.C..i L,%e C eJ.J Notary Public. No. 932. WARRANTY DEED.—Forl'hotoaraphit Record.—:;j 1978 Bradford Publirhinp Co.. 1846 Stout Street. Den v. r. Colorado (673.0111-3.78 G • • DIAMANTI TRACT HISTORY Louisiana-Pacific was contacted by Mr. Jim Diamanti in April of 2000. He had been given a tour of the Delodi Creek Buffalo Ranch timber sale, conducted by the owner, Larry Schmeuser. Mr. Diamanti was impressed with the results, and wanted us to develop a simitar operation on his property. On June 15, 2000 I met with him, and we toured the southern portion of his tract. I gave him copies of the LP SFI handout, and two of the Sri videos to review and foreword to other members of hia family. In addition we discussed the SFI program at length, and BMP's that had boon developed for Colorado. (Evidence of perfomrance measures 9.1, 9.4. 9.5, & 9.7) He was also asked to develop an idea of what ho wanted the tract to look like in five, and ten years. At that time, his plan was to treat the entire tract of'14$5 acres. On August 1 d, 2000 we again met on the tract. Ile had reviewed the SF1 information, and had forwarded it to the other members of his family who had reviewed it and told him to proceed with the project. We toured the balance of the tract, looking at timber conditions, possible road locations, water quality, and wildlife issues. We repaired to the cabin and discussed at length the grazing, hunting, stand conditions that we had observed and his goals and objectives for the tract in the future. 1 asked him to give me a history of what they had done, and what had changed in over the period. 't'he family originally was in the sheep business. Mr. Diamanti's father purchased the tract well over 75 years ago, and Mr. Diamanti has actively spent 60 years on the property. They had grazed a small band of sheep on the tract annually through the mid 1960's. A lease is in effect now for a small number of cattle each year. In the early years the timber was much smaller, much healthier, and the meadows were larger. The grass was much thicker, and there was less forb material. Aspen was the predominant tree species, with Subalpine Fir a minor component mainly along the lower slopes. For many years it was their custom to remove ALL fallen timber each year, either for firewood or simply cut, piled, and burned. Normally the number of trees to bo removed each year was small, 20 to 30 per year. Today it would be impossible to dispose of the timber that is falling, and it is difficult to keep open the trails that provide access to the tract. There are areas that it is impossible to walk through. The fir stands arc diseased, and are becoming a fire hazard. A description of stand conditions is covered in more detail in the "Tract Characteristics". Mr. Diamanti's overall main goal is to work toward restoring the land to past conditions. To do this he would like to remove the over mature, dead and dying stands and regenerate the Aspen where possible. Total regeneration is not desired, because Aspen and Fir has encroached into the open grass areas and restoring the amount of open meadow for grazing and wildlife is also an objective. Mr. Diamanti would like to reduce the potential for fire by reducing or eliminating the fir component, This is covered further in the cutting prescriptions. Maintaining and improving wildlife habitat is also important. Hunting is an annual activity on this tract, but not as we have come to accept on private ground in Colorado. Htmting is by invitation only, at no charge. It is usually limited to about 30 hunters per year, and covers the entire season. Return visits depend c'n good manners, and hunting ethics. The success rate is over 809% and it is desired that that rate be rnainteined. Regeneration of the Aspen stands will provide good habitat and browse for elk and deer. On the first visit, and on this visit, we discussed the species present on the land. Other than the normal deer, elk, and occasional grouse and bear no rare or endangered species is known to frequent the property. No evidence of rare or endangered plant species or animals was observed, We journeyed to one corner of the property to look at a plant that was unfamiliar to Mr. Diamanti. This plant was later identified by Floyd Reed, a range expert for the USPS, as fireweed, a common plant not. listed. Aesthetics. This trace ranges from 8000 to 10000 t in elevation, and has several overlooks that provide Scenic vistas of the Grand Valley. There is a photo point established overlooking the property and Mr, Diamanti has kept a photo record extending back many years, providing a record of changes over time. The point directly overlooks an area that has been set aside from cutting for water and scenic consideratic i (evidence of performance measure 6.1). Additionally, the remains of the original cabin site is located in an area that falls under SMZ considerations. Cutting in this area will also be restricted fier family historical considerations as well as SMZ restrictions_ This tract can be seen from the valley, and it appears that cuts will blend into the landscape mosaic. (evidence of performance measure 6.1) Other Considerations acdressed. Water yield. Water from this tract is used down stream for irrigation. and Mr, Diarnanti had taken this into consideration. His concerns were that harvesting timber might reduce the water flow. Research shows that water yields are increased for several years following Aspen cutting, and this meets his concerns (Refer to research publication "Aspen: Ecology and Management in the Western United States''). We again reviewed SFJ and BMP practices, By adhering to the BMP's regarding SMZ's • 0 we will protect the water quality. This is addressed in the cutting prescriptions, (See cutting prescriptions) and the contract (Exhibit A, paragraph 2B, "Exceptions to designated timber"). Financial. Mr. Diamanti is not the type that lets value fall and rot. He has considered the short and long term economics of harvesting the land vs. letting it remain as is for real estate potential. Fol lowing this meeting, an appraisal was made, which included bringing in Ed Coates, LP forester for Saratoga, to determine volumes and values for fir sawlogs. An AF t f' was then submitted to division headquarters. (See copies of AFTP, and appraisals) In October, a third meeting was held with Mr. Diamanti. Two issues had emerged. First the property was under two ownerships. One portion of the tract (160 acres) is owned outright by Mr. Diamanti, and the balance is owned by the family, with Mr. Diamanti being one of the owners. Second, on further review they had decided to reduce the scope of the project. We decided to resolve the ownership issue by drawing up separate contracts for each ownership, and that Mr. Diamanti be appointed by the family as their administrator. The revised scope of the project posed no economic change to the project. (See original and final maps) Revised Ah FP's and ermtracts were then prepared, approved by the division office, a title exam was conducted, and on November 16, 2000 the contracts were signed by Mr. Diamanti and subsequently by the other members of the family. (Sec copies of contract, revised AFTP's, appraisals, and title exams) As this project is in Garfield County, Colorado a "Special Use Permit" is required for industrial operation, with timber harvest included under that definition. An application for that perrnit was prepared, and submitted to the Garfield County Planning and Zoning Board in January of 2001. (See permit section). A date of April 16, 2001 was set for a hearing before the Garfield County Commission. • _ i SUMMARY OF LANDOWNER OBJECTIVES 1. Restore the land and forest to conditions found thirty to forty years ago. A. More grass. B. More open areas. C. Regenerate Aspen stands. U. Eliminate diseased Subalpine Fir. E. Reduce the Subalpine fir in Aspen stands. Use a combination of clearcuts, overstory removal, sanitary cuts, and thinning, to A, Remove over mature Aspen stands, and stimulate grass. B. Provide open areas where there is now timber, (Performance measure 4.1) C. Stimulate Aspen regeneration through natural sprouting that occurs following clearcutting. (Performance measure 2.1) D. Selective cutting in Type C stands to eliminate diseased trees. (Performance measure 2.5) E. Remove most Subalpine Fir in Aspen Type A and B stands. 2. Maintain and improve wildlife habitat. A. Clearcut Aspen stands to promote the regeneration of Aspen stands, to prmidc browse for deer and elk. (Performance measure 2,1, 4.1) B. Use the drainage pattern as cutting unit boundaries, (Performance measure 3.1, 3.2, 5.1, 5.2, 5.3 5,4, 7.1, 7.2) C. Apply the BMP's to the unit boundaries to create huffer zones will be created that not only protect water quality, but provide cover for wildlife. (performance measure 3.1, 4.1) U. Leave moderate amounts of slash scattered (See Exhibit A paragraph 3B of the contract) throughout the cutting areas to protect regeneration from over browsing, and provide cover for other wildlife such as small mammals and birds. (performance measure 2.1, 2.4. 2.3, 4.1, 5,2, 3.4 7.1) E, Leave areas of young disease free Subalpine Fir scattered in portions of the Type B Aspen stands (See cutting presciptions) to further provide habitat diversity, cover for wildlife, and serve to reduce the Aspen regeneration. ((performance measure 2.5, 4,1, 5.1, 5.2, 5,4, 7.1) 3. Reduce fire danger. A. Remove difeaaed Subalpine Fir. (performance measure2.5, ) B. Reduce heavy slash concentrations in diseased areas by whole tree skidding to landing. (performance measure 2,5) C. Pile funding slash for burning in winter. (performance measure 1.4) 4. Conduct operations to maintain aesthetics. (pert -on -mince measure 5,1, 5,2, 6.1, 7.0) A. Adhere to the DMP's. (performance measure 3. 1) B. Leave buffer strips along drainages. (Performance measure 2.5) C. Designation of non cut area!„ Objective 3, Objective 4, Objective 5, Objective 6, Objective 7 5. Preserve water quality, A. Adhere to BMP's pertaining to water, (performance incisure 2.5) B. Adhere to BMP's pertaining to road construction, maintanence, and cloture, 6. Financial return front logging operations. A. Written contract spelling ottt stun►page rates, methods of payment, tatting of payments, and procedures for allocating paym{.nts to landowners. Sec contract • TRACT CHARACTERISTICS 1, This tract lies at the head of Garfield Creek about 14 miles South of New Castle Colorado. The timber type on this tract is primarily Aspen followed by Subalpine Fir with a small component of Oak brush. The properties to the north are at lower elevations, with Pinyon Juniper and Oak the major timber types. To the South and East the elevation rises, and ownership transitions from BLM to State, and USFS. The timber type transitions into Spruce fir. The Aspen stands on the Diamanti tract are similar to those found throughout the area, in that they are all the same. There is little diversity in density, age, and condition, Most of the stands are over mature, and show signs of decay, disease, and mortality. Most if not all, arc In some stage of succession to Subalpine Fir. There is no history of harvest in the area in the last 75 years other than firewood or material for fencing. Also there has been no fire occurrence in the remit past. We can safely assume that the last fire in the area resulted in the establishment of the present Aspen stands, about 110 years ago. There are two instances of Aspen blow down in recent history, one of about eighty acres on the extreme southern end of the tract, and one of about 25 ac -res on BLM property immediately adjacent to and surrounded on three sides by the Dian -anti tract. The BLM blowdown has not regenerated to Aspen as would be expected. Mr. Diamanti's experience is that this area is heavily used by elk and deer, has been for years, and is a prime hunting spot, Examination of the area supports that observation. This stand attempted to regenerate to aspen, and some sprouts continue to appear each year but since it was the only Aspen browse in the arca It was simply eaten to death and has converted to grass and shrub, The hunting success on this tract suggests that if we are to be successful in regenerating Aspen, we will need to cut substantial acres in order to not only provide browse, but avoid over browsing. In addition, we should leave enough slash in the cut areas to aid in protecting the sprouts. Diumanti tract 2. Timber Stands. There are three basic stand types on this tract A. Aspen type. These stands cue located at the higher elevations, They are over mature and are being invaded by Subalpine Fir. The invasion stage is early, with young fir scattered throughout the stands. There is evidence of false tinder fungus (Phellinus tremulae), and black canker (Ceratocylis flmbriata) along with root rot affecting the Aspen throughout the tract, As yet there is little evidence of Dwarf Mistletoe in the fir. The stands are on sites that suggest that Aspen will easily regenerate following cutting. There are some areas that will not sprout heavily, and these areas will return to the semi open meadows that are desired B. Mixed Aspen and Subalpine Fir. These stands have a heavy component of fir in the upper canopy, and are rapidly replacing the Aspen, Evidence of disuse in the Aspen is greater than in 'Type A, and Dwarf Mistletoe is present in the fir. The under story is primarily fir, with no Aspen regeneration, These stands are located throughout the tract, but are most common near ephemeral stream areas. The eoi is and moisture lend them to rapid regeneration of Aspen following harvest. C. Subalpine Fir, These stands are in the final stages of c nversion. There are few Aspen stems left. The sir is heavily infected with Dwar'f'Mistletoe, and is rapidly falling apart. The fir reproduction is also infected, and is not likely to produce a good stand for the future. These stands are primarily in the lower elevations, and along the main watercourses, These stands are becoming a fire hazard, and pose a clanger to the surrounding arses. 3. Stream Zones. There is ono minor perennial strrcarn running through the property. It is a low flow stream, with soil heavy to boulders, It is not likely to be rutted in normal conditions, The majority of the fir stands lie along this bottom and will be treated as an extended SM7, with operations very carefully monitored. At the head of the stream 'zone is an old beaver pond fed by springs. This area has bet -n set aside from cutting not only for water considerations, but also for aesthetics. Also there aro springs located at the old cabin site. This area is to be protected from cutting for water considerations and family history as well. BMP reuirements can be met, There are several ephemeral watercourses and wet area.5 in the higher elevations within the open meadows as well os the Aspen stands, These areas present no problem adnec-ing to BMP requirements, 4, Terrain. Slope on the northern half of the tract are gentle, 10-1S% with numerous benches. `Vatereouraes in this area are ephemmai hut some arena exist. that are moist. These areas are for the most part in meadows and areas that can easily be avoided by logging equipment. Road layout and construction should pose no dlffie.ulty. The majority of the operable timber stands are in this area. The southern porticm is mucus steeper, with slopes of 30% and greater. At present the extreme Southern portion of the tract is regarded as optional and is not scheduled for cutting unless a4„reed to later. 'The watercourses here have step banks. and in some areas the SMZ will be greater then recommended. • Should this area be SFI,and BMP• operated, rrqu�rements can be met. Cutting units on this area (as well as the balance of the tract) will be laid out consistent with BMP's S. Roads and Road construction. There are no existing developed roads on the tract. There is an access road leading to the tract that Is usable by pickup truck. It is rutted, and will need to be repaired to allow log truck travel. Repairs will consist of grading and filling of ruts, installation of proper culverts, water bars to stabilize the roadbed. The interior of the tract is accessed by light jeep, and ATV trails. Few of these trails are suitable for reconstruction into logging roads, but the terrain lends itself to ease of road location meeting BMP's. 6. Utilization. The tract has a high degree of defect, especially in the Subalpine fir component. It appears that while some sawlog volume is present it will be light. 'this material could flow to LA at Saratoga, or Intermountain Resources at Montrose. L . 1 L I Stand Cutting Prescriptions A. Aspen type. These stands are predominantly Aspen overstory, with Subalpine Fir in the understory, The Aspen is mature to over mature, and is beginning to fall. The fir component ranges from light to mcxlerate. These stands will be clearcut and regenerated to Aspen. The landowner desires that if possible the Fir regeneration present be eliminated. This can be accomplished by felling during the logging operation, or by slashing following the operation, Limbing and topping of felled timber will be done in the woods, and the slash will be scattered and lopped to within throe feet of the ground Whole tree skidding will not be done unless slash accumulation in the woods would create a fire hazard, or will be a detriment to regeneration, Where whole tree skidding is done, the resulting landing slash will be piled for burning. The purpose of this is to reduce the number and size of landing piles that will have to be burned later. Aspen cutting units have been laid out to coincide with the drainage pattern, and cutting along the unit boundaries will be governed by BMP guidelines. R. Mixed Aspen and Subalpine Fir type. These stands range up to 50% fir in the over story, with heavy fir under story. Again, the landowner wishes to eliminate as much of the fir as possible. These stands will be clearcut, removing all merchantable wood, and slashing much of the regeneration. As these stands have not been heavily infested with mistletoe, it will be desirable to leave small clumps of healthy fir regeneration. These will reduce the amount of Aspen regeneration somewhat, but will help to create small openings for wildlife as was the past condition. Again, the unit lines have been laid out to coincide with the drainage pattern, and along these boundaries more healthy regeneration and larger trees will be left to meet BMP guidelines, As in the Aspen types, limbing and topping will be done in the woods, except where it is determined that slash accumulation in the woods will create a fire hazard, or be a detriment to regeneration, Whole tree skidding will be employed in these areas to reduce heavy slash Concentrations. C. Subalpine Fir type. These stands lie along the drainage's, at the lower elevations. The upper story is predominantly Subalpine Fir with minor amounts of Aspen. The under story is entirely fir reproduetiim, There is a very small Spruce component, usually large mature trees located within the SMZ's. Most orate fir over Story is heavily infected with mistletoe, as is the under story. The se stands are in severe decline, and are falling, In these stands: 1. All diseased trees will be removed with the exception being within the formal SMMZ. 2. The SMZ will be out so as to remove all diseased trees possible within BMP guidelines, leaving sufficient cover to protect water quality. A considc`r•able portion of the SMZ is semi open, flat and lends itself to ease of meeting BMP guidelines. 3. Where sufficient healthy fir reproduction exists, leave small clumps, and fall timber away from these clumps so as to minimize damage. 4. Where remnant Aspen clumps exist, clearcut a sufficient area to allow the aspen to regenerate, fall timber away from these openings to reduce the amount of slash left. 5. Where advanced Aspen regeneration exists, fell timber so as to protect it, 6. Whole tree skid and limb on landings, to reduce the slash depth and reduce fire danger. 7. Locate landings and resulting slash piles well removed from the SMZ. 8. All Spruce are to be left, unless specifically designated for cutting. Spruce designated for cutting will be marked. SCHEDULE OF OPERATIONS Evaluations will be completed in early October of 2000, /tn AF'l P submitted to Corporate for approval in early September. A title exam will be requested when AFTP is approved. Negotiations will be completed by the first of December and a contract signed, An application to Garfield County Commissioners will be submitted to Planning and Zoning in early December. Upon securing the permit, road layout and construction will be started in May of 2001 as conditions permit. Flagging of SMZ's and leave wows will proceed concurrently with road construction, Logging will commence as soon as road construction and weather permits. It is expected that this should beJuno 12001, Logging will start in the SEI/4 section 11, and in will move to other portions of the tract as conditions dictate. Logging will continue through the year until winter conditions prohibit, and logging will then cease until June. Normal winter shutdown is February 15'1' through June 1 a, but this is weather and terrain dependent, It is expected that, logging could be completed in two logging seasons, but we have allowed for a third logging season in the yet 2003. In late 2001, a decision will be made, regarding the extreme southern and northern portions ot'the tract. All or portions of these areas ruay be addod to the contract. Interior road closure and slash treatment will be kept concurrent with logging completion during the operation. Final closure of the road accessing the tract will consist of final grading, drainage, and application of grass seed and shall be accomplished in a timely mannei following completion of harvest operations, Logging will be contracted to "Winter Wood Products" of Mack, Colorado. This contractor has completed all phases of log$er training that has been offered, • • APPLICATION REQUIREMENTS PLANS AND SPECIFICATIONS LP has contracted with James Diamanti and Family to remove an estimated 45000 tons of Aspen and Subalpine Fir From 600+- Acres from the tract of land described below. It is estimated that it will take two years to complete this project. A description is covered in Exhibit A of the contract, and is attached to this Application. WATER, AND WASTEWATER N/A MAPS Attached are the following. 1. Letter of authorization from property owner. 2. Copy of Timber Purchase Contract 3. Map #1) A 1:24000 scale topographic map showing property boundaries slopes and property features. One structure is on the property. County roads serving the area are also depicted. No new or expanded access off county roads will be needed. 4. Map #2) Shows the route of travel from the site to I-70. 5. Map #3) County Map showing all adjoining landowners. 6. A list of adjoining landowners, and their address. DEEDS Copies of deeds are attached. This tract is under two ownerships. The SW 1/4, of Section 11, is owned by James G. Diamanti, and the balance of the tract is owned by the family as a whole. Therefore two contracts have been completed for the project. As this project has been evaluated, and designed as a whole, we are submitting the application as a single entity. Mr. Diamanti has been authorized by the family to enter into an agreement, and administer that agreement. IMPACT STATEMENT Ten Copies of the required impact statement are included. 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 property owned by James G. Diamanti and Family. Mr Diamanti resides at 683 Glen Caro Drive, Grand Junction, Colorado, 81506, said property being within the boundaries of said county. LP has entered into a contract with Mr. Diamanti to commercially harvest Aspen and Subalpine Fir from their property located Twelve(12) miles South Southeast of New Castle, Colorado. A copy of that contract is attached. The legal description is as Follows: T 7 S, R 90 W and more specifically: Section 1, E1/2 SE1/4 Section 11, SE1 /4 Section 12, W1/2 Section 13, N1/2NW1/4, S1/2SW1/4, NW1/4 SW1/4 Section 14, SE1/4, S1/2 SW1/4, NE1/4SW1/4, E1/2 NE1/4, Section 23, NE1/4, W1/2NW 1/4 Section 24, S1/2NW1/4, NE1/4NW1/4 This property is owned under the following deeds recorded in the Garfield County Recorders office: Bk. 559 , pg 779, and Bk 444 pg 468 . Copys of those deeds are attached. Total acreage of the tract is 1480 acres, with about 1350 acres being in Timber type, and the balance in Oak and meadow. Total acres to be treated by harvesting are 600 acres, as shown on the attached map. LP intends to sub contract the logging operations to subcontractors who will perform the contractual work as defined in the "Timber Stumpage Sale Agreement". Operations will began in July of 2001, and continue until completed, with the periods of shutdown for weather and ground conditions. The normal period of shutdown runs from about February 15th through June 1s`. As LP and its contractors 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 contractual agreements. Contractual agreements call for logging to be completed by October 1, 2003. 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 m 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 designed 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. LP and its contractors 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. One blue line stream is within the proposed cutting areas, and no conditions have been noted on this tract that would require other than normal application of these practices -he 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 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 C. Impacts on wildlife. No known hazardous attractions are known to be generated by logging operations. Native vegetation will not be negatively changed. Aspen quickly regenerates by sprouting to re-establish the existing aspen forest cover. 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. This road has been used in the past to transport logs, with no adverse effects. A speed limit was posted and adhered to. • • E. Damage to adjoining property. This tract is partly 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. A surveyor will be employed to locate and mark such lines as will be required to prevent trespass. 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 F,32 as 0 SMZ.1d , phen era, Ai ea v 8000 8450 9 —1np� 1'3 18 T 6 S 4372 27'30" 4370 4 69 Si T '1.F L__.L I F /R E TIMBER STUMPAGE SALE AGREEMENT THIS AGREEMENT is made and entered into this f ` day of �m. , 2000, by and between LOUISIANA-PACIFIC CORPORATION (hereinafter "BUYER"), and JAMES G. DIAMANTI, of 683 Glen Caro Drive, Grand Junction_ Colorado, 81506, (hereinafter collectively "SELLER/OW VER".) \ THEREAS, the SELLER/OWNER owns timber situated on property located in Garfield County, State of Colorado, described as follows: T 7 S, R 90 W and more specifically: Section 11 SE 1 /4 and warrants the same to be free and clear of all encumbrances. WHEREAS, it is agreed, that James G. Diamanti will act as administrator of this Agreement for SELLER/OWNER, and shall receive all payments for stumpage due SELLER/OWNER. WHEREAS, the BUYER is in the business of managing forest lands and contractilg for harvesting and removal of designated timber. NOW, THEREFORE, in consideration of the mutual promises contained herein, said parties agree as follows: 1. CONDITION OF OPERATION The SELLER/OWNER hereby gives and grants unto the BUYER the sole and eh elusive right to enter upon the property to harvest only designated timber as specified herein: Estimated 8000_ tons of Aspen and Subalpine FirPOL Estimated 1100 tons of Subalpine Fir Sawlogs The SELLER/OWNER also grants to BUYER use of existing roads, the right to construct proper new roads to haul said timber, and the right to enter upon the property with men and necessary equipment to remove said timber. BUYER will use reasonable care to prevent unnecessary damage to the property of the SELLER/OWNER. Timber Stumpage Sale Agreement 1 Non -Standard 11/14/00 2. SCOPE OF WORK See Exhibit "A," attached hereto and made a part hereof by this reference. The timber harvesting will be done in accordance with sound forest management practices. 3. PRICE AND PAYMENT Stumpage payments for timber removed from the SELLER/OWNER's property shall be made on BUYER's scale in accordance with the following conditions and the following prices: FOUR DOLLARS TWENTY-FIVE CENTS U.S. ($4.25) per ton for Aspen and Subalpine FirPOL delivered to LP Montrose, Colorado. NINE DOLLARS U.S. ($9.00) per ton for Subalpine sawlogs delivered to LP Saratoga, Wyoming. BUYER shall pay SELLER/OWNER the additional sum of TEN CENTS U.S. ($.10) per ton for all timber removed to cover SELLER/OWNER's cost of slash burning. Said payment shall relieve BUYER of any obligation to burn slash piles. 4. TERM It is mutually agreed that this AGREEMENT shall be in full force and effect until March 1, 2004, from the date hereof. BUYER agrees to cut and remove said marked timber on or before October 1, 2003, and all timber standing, lying or being upon the property after the termination date shall remain the property of the SELLER/OWNER. 5. DEFAULT In case of default herein by either party, the other party may give written notice to the party in default, specifying such default and electing to terminate this AGREEMENT at the end of thirty (30) days from the date of such notice, unless the party in default cures such default within said thirty (30) day period. If the arty in default fails to cure such default within the time limitation, this AGREEMENT shall terminate without further notice. Timber Stumpage Sale Agreement 2 Non -Standard 11/14/00 'NOTICE 1(.C. Written notice shall be deemed to have been delivered and received three days after said written notice shall have been mailed with the United States Postal Service, Certified, Return Receipt Requested, all necessary postage prepaid, to the parties herein at the following addresses: SELLER/OWNER: James G. Diamanti 683 Glen Caro Drive Grand Junction , Colorado, 81506 BUYER: Louisiana-Pacific Corporation Box 1269 Montrose, Colorado, 81402 FORCE MAJEURE Performance of this AGREEMENT by the BUYER shall be excused when prevented by fire or other Acts of God or unavoidable conditions over which BUYER can have no reasonable control. 8. INDEMNIFICATION SELLER/OWNER agrees to protect, defend, hold harmless and unconditionally indemnify BUYER against and for all liability, legal costs, expenses, claims, demands, causes of action and damages which BUYER may at anytime suffer or sustain or become liable for by reason of any accidents, damages or injuries to persons, employees, laborers or workmen hired be • Ake_ p erty of SELLER/OWNER; BUYER; or any other parties in an manner arising from BUYER's activities performed under this Agreement, or the presence of BUYER on SELLER/OWNER's property, to the extent such liability, legal costs, expenses claims, demands, causes of action, and/or damages are caused through the negligent acts or omissions of SELLER/OWNER or any of its agents, representatives or employees. BUYER agrees to protect, defend, hold harmless and unconditionally indemnify SELLER/OWNER against and for all liability, legal costs, expenses, claims, demands, causes of action and damages which SELLER/OWNER may at anytime suffer or sustain or become liable for by reason of any accidents, damages or injuries to the persons, employees, laborers or workmen hired by BUYER; or the property of SELLER/OWNER; BUYER; or any other parties in any manner arising from BUYER's activities performed under this Agreement, or the presence of BUYER on SELLER/OWNER's property, to the extent such liability, legal Timber Stumpage Sale Agreement 3 Non -Standard II/14/00 costs, expenses claims, demands, causes of action, and/or damages are caused through the negligent acts or omissions of BUYER or a: ty of its agents, representatives or employees. MEMORANDUM BUYER may record and SELLER/OWNER agrees to sign a memorandum of this AGREEMENT for recording, evidencing the existence of the AGREEMENT and specifying its term. This AGREEMENT is performable in Garfield County, State of Colorado. 10. SEVERABILITY If any provision of this AGREEMENT is held by any court of competent jurisdiction to be unreasonable, arbitrary, against public policy, or otherwise invalid or unenforceable, then such provision will be considered divisible so that the court may reduce the scope thereof or otherwise amend or reform the provision in order to make it reasonable, not arbitrary, not against public policy, valid, and enforceable. Such reformation will apply only with respect to the operation of this AGREEMENT in the particular jurisdiction in which such adjudication is made. 11. ATTORNEY FEES If either party institutes any suit or action to enforce or interpret any provision of this AGREEMENT, the prevailing party will be entitled to recover the sum of money that the court may adjudge reasonable as attorney fees and costs in the suit or action, including any appeals taken by either party in the suit or action. The prevailing party will be the party that prevails on the issues having the greatest ;umulative monetary value. 12. JURISDICTION This AGREEMENT shall be governed by the laws of the State of Colorado and shall be subject to jurisdiction of the court within said state. 13. BINDING EFFECT This AGREEMENT shall be binding upon the heirs, executors, administrators, successors, and assigns of all partics. Timber Stumpage Sale Agreement 4 Non -Standard 11/14/00 • • 14. ENTIRE AGREEMENT; MODIFICATION. This AGREEMENT constitutes the entire and final agreement .ietween the parties and supersedes any prior agreement or understanding with re:;pect to its subject matter. Any modification of this AGREEMENT or waiver of its terms must be in writing and signed by the party to be bound. IN WITNESS HEREOF, the parties have executed this AGREEMENT as of the date first written above. d(-66 AMES G. DIAMANTI 50,77-3‘-7670 Social Security Number Joint Owner LC U1 SIANA-PACIFIC CORPORATION (Witness) Timber Stumpage Sale Agreement 5 Non -Standard 11/14/00 • • Exhibit A Scope of work "Merchantable Timber" as used in this agreement 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 LP, e;onomically logable. 1. Roads. LP shall at it's expense: A. Obtain permits from Garfield County to allow trucking over County Roads # 312. B. Grade and repair the access road from the end of county maintenance to the property, as shown on the map attached. C. Construct and tnaintain all new roads to be constructed on the property necess>uy to access and remove merchantable timber designated for cutting. Proposed locations of :na n roads to be constructed on the property are shown on the map attached. Final locations wi :1 depend upon ground conditions. D. Upon completion of the harvest, all roads on the property will be closed if so directed by the Seller. Closure shall consist of grading, installing waterbars, spreading slash over portions of the surface and grass seeding. Roads not designated to be closed will be graded, waterbared, and seeded to grass. 2. Designated timber: A. All Aspen and Subalpine Fir merchantable timber is designated for removal on the following portion of the property unless agreed to by a contract amendment. Section 11, SE1/4 B. Exceptions to designated timber. Within the proscribed cutting areas listed in 2A above, and any additional areas covered by subsequent contract amendments, the following exceptions to the designated timber to be cut shall apply. 1. Stream Management Zones (SMZ). The recognized SMZ's are shown on MAP _A along with ephemeral water courses. Harvest within these areas shall comply with state Best Management Practices (BMP), and such timber as necessary to comply with these practices shall be left standing. 2. Within any areas added to this agreement by Amendment, areas may be left where slopes exceed 30%, or soil conditions are unstable. 3. Harvest operations: A. LP shall cut and skid all merchantable timber to landing areas and shall load and haul it to designated delivc ry points. B. Limbing shall be done either in the woods, and the slash shall be scattered and lopped to within three feet of the ground, or timber shall be whole tree skidded to the landing where slash shall be piled for burning at a later date by the seller. C. Aspen and Subaipine Fir POL shall be trucked to LP, Montrose, Colorado. Trucks will be weighed loaded and unloaded on certified scales, and payment to Seller shall be based on the net weights. Subalpine sawlogs shall be trucked to either LP, Saratoga, Wyoming, or another facility as determined by LP. Trucks shall be weighed loaded and unloaded, and paytnent shall be based on net weights. Payment for timber removed shall be made weekly. 4. Surveys. LP shall bear the cosi of surveys where necessary, to prevent trespass on adjoining landowners. .9000;- sj Nrj LD,LI PE 98 o, Ili % \� 18 \ `7 Sun liglpt`^ Ra4io. Peak' ,P'Towe,s 4167 TIMBER STUMPAGE SALE AGREEMENT G9E THIS AGREEMENT is made and entered into this _Jitth_ day of November 2000, by and between LOUISIANA-PACIFIC CORPORATION (hereinafter "BUYER"), and JAMES G. DIAMANTI, of 683 Glen Caro Drive, Grand Junction, Colorado, 81506, JANE JULIANO, of 14 South 3r' St., Helper, Utah, 84526- 1014 , and GREGORY DIAMANTI, of 4064 Laguna Ave, Oakland, Ca, 94602 - (hereinafter collectively "SELLER/OWNER".) WHEREAS, the SELLER/OWNER owns timber situated on property located in Garfield County, State of Colorado, described as follows: T 7 S, R 90 W and more specifically: Section 1 E1/2SE1/4 Section 12 N1/2NW1/4, S1/2SW1/4 Section 13 N1/2NW1/4, S1/2SW1/4,NW1/4SW1/4 Section 14 SE1/4, S1/2SW1/4,NE1/4SW1/4, E1/2NE1/4 Section 23 NE1/4, W1/2NW1/4 Section 24 S1/2NW1/4,NE1/4NW1/4 and warrants the same to be free and clear of all encumbrances. WHEREAS, it is agreed, that James G. Diamanti will act as administrator of this Agreement for SELLER/OWNER, and shall receive all payments for stumpage due SELLER/OWNER. WHEREAS, the BUYER is in the business of managing forest lands and contracting for harvesting and removal of designated timber. NOW, THEREFORE, in consideration of the mutual promises contained herein, said parties agree as follows: 1. CONDITION OF OPERATION The SELLER/OWNER hereby gives and grants unto the BUYER the sole and exclusive right to enter upon the property to harvest only designated timber as specified herein: Estimated _30000_ tons of Aspen and Subalpine FirPOL Estimated 2000 tons of Subalpine Fir Sawlogs The SELLER/OWNER also grants to BUYER use of existing roads, the right to construct proper new roads to haul said timber, and the right to enter upon the property with men and necessary equipment to remove said timber. BUYER will Timber Stumpage Sale Agreement 1 Non -Standard 11/14/00 use reasonable care to prevent unnecessary damage to the property of the SELLER/OWNER. 2. SCOPE OF WORK See Exhibit "A," attached hereto and made a part hereof by this reference. The timber harvesting will be done in accordance with sound forest management practices. 3. PRICE AND PAYMENT Stumpage payments for timber removed from the SELLER/OWNER's property shall be made on BUYER' s scale in accordance with the following conditions and the following prices: FOUR DOLLARS TWENTY-FIVE CENTS U.S. ($4.25) per ton for Aspen and Subalpine FirPOL delivered to LP Montrose, Colorado. NINE DOLLARS U.S. ($9.00) per ton for Subalpine sawlogs delivered to LP Saratoga, Wyoming. BUYER shall pay SELLER/OWNER the additional sum of TEN CENTS U.S. ($.10) per ton for all timber removed to cover SELLER/OWNER's cost of slash burning. Said payment shall relieve BUYER of any obligation to burn slash piles. 4. TERM It is mutually agreed that this AGREEMENT shall be in full force and effect until March 1, 2004, from the date hereof. BUYER agrees to cut and remove said marked timber on or before October 1, 2003, and all timber standing, lying or being upon the property after the termination date shall remain the property of the SELLER/OWNER. 5. DEFAULT In case of default herein by either party, the other party may give written notice to the party in default, specifying such default and electing to terminate this AGREEMENT at the end of thirty (30) days from the date of such notice, unless the party in default cures such default within said thirty (30) day period. If the party in default fails to cure such default within the time limitation, this AGREEMENT shall terminate without further notice. Timber Stumpage Sale Agreement 2 Non -Standard 11/14/00 6. NOTICE Written notice shall be deemed to have been delivered and received three days after said written notice shall have been mailed with the United States Postal Service, Certified, Return Receipt Requested, all necessary postage prepaid, to the parties herein at the following addresses: SELLER/OWNER: James G. Diamanti 683 Glen Caro Drive Grand Junction , Colorado, 81506 BUYER: 7. FORCE MAJEURE Louisiana-Pacific Corporation Box 1269 Montrose, Colorado, 81402 Performance of this AGREEMENT by the BUYER shall be excused when prevented by fire or other Acts of God or unavoidable conditions over which BUYER can have no reasonable control. 8. INDEMNIFICATION SELLER/OWNER agrees to protect, defend, hold harmless and unconditionally indemnify BUYER against and for all liability, legal costs, expenses, claims, demands, causes of action and damages which BUYER may at anytime suffer or sustain or become liable for by reason of any accidents, damages or injuries to the persons, employees, laborers or workmen hired b or the property of SELLER/OWNER; BUYER; or any other parties in y manner arising from BUYER's activities performed under this Agreement, or the presence of BUYER on SELLER/OWNER's property, to the extent such liability, legal costs., expenses claims, demands, causes of action, and/or damages are caused through the negligent acts or omissions of SELLER/OWNER or any of its agents, representatives or employees. BUYER agrees to protect, defend, hold harmless and unconditionally indemnify SELLER/OWNER against and for all liability, legal costs, expenses, claims, demands, causes of action and damages which SELLER/OWNER may at anytime suffer or sustain or become liable for by reason of any accidents, damages or injuries to the persons, employees, laborers or workmen hired by BUYER; or the property of SELLER/OWNER; BUYER; or any other parties in any manner arising from BUYER's activities performed under this Agreement, or the presence of BUYER on SELLER/OWNER's property, to the extent such liability, legal Timber Stumpage Sale Agreement 3 Nen-Standard 11/1d/00 • • costs, expenses claims, demands, causes of action, and/or damages are caused through the negligent acts or omissions of BUYER or any of its agents, representatives or employees. 9. MEMORANDUM BUYER may record and SELLER/OWNER agrees to sign a memorandum of this AGREEMENT for recording, evidencing the existence of the AGREEMENT and specifying its term. This AGREEMENT is performable in Garfield County, State of Colorado. 10. SEVERABILITY If any provision of this AGREEMENT is held by any court of competent jurisdiction to be unreasonable, arbitrary, against public policy, or otherwise invalid or unenforceable, then such provision will be considered divisible so that the court may reduce the scope thereof or otherwise amend or reform the provision in order to make it reasonable, not arbitrary, not against public policy, valid, and enforceable. Such reformation will apply only with respect to the operation of this AGREEMENT in the particular jurisdiction in which such adjudication is made. 11. ATTORNEY FEES If either party institutes any suit or action to enforce or interpret any provision of this AGREEMENT, the prevailing party will be entitled to recover the sum of money that the court may adjudge reasonable as attorney fees and costs in the suit or action, including any appeals taken by either party in the suit or action. The prevailing party will be the party that prevails on the issues having the greatest cumulative monetary value. 12. JURISDICTION This AGREEMENT shall be governed by the laws of the State of Colorado and shall be subject to jurisdiction of the court within said state. 13. BINDING EFFECT This AGREEMENT shall be binding upon the heirs, executors, administrators, successors, and assigns of all parties. Timber Stumpage Sale Agreement 4 Non -Standard 11/14/00 14. ENTIRE AGREEMENT MODIFICATION. This AGREEMENT constitutes the entire and final agreement between the parties and supersedes any prior agreement or understanding with respect to its subject m:,.tter. Any modification of this AGREEMENT or waiver of its terms must be in writing and signed by the party to be bound. IN WITNESS HEREOF, the parties have executed this AGREEMENT as of the date first written above. JANE JULIANO (Witness) Social Security Number Social Security Number GREGORY DIAMANTI Social Security Number (Witness) LOUISIANA-PACIFIC CORPORATION (Witness) 1 imber Stumpage Sale Agreement 5 Non -Standard 11/14/00 14. ENTIRE AGREEMENT; MODIFICATION. This AGREEMENT constitutes the entire and final agreement between the parties and supersedes any prior agreement or understanding with respect to its subject muter. Any modification of this AGREEMENT or waiver of its terms must be in wi iting and signed by the party to be bound. IN WITNESS HEREOF, the parties have executed this AGREEMENT as of the date first written above. JAMES G. DIAMANTI (Witness) (Witness GREGORY DIAMANTI (Witness, LOUISIt NA PACIFIC CORPORATION (Witness) Social Security Number Social Security Number NOTARY.=;iaLC •WILMA HOWA 70 South Main Helper, Utah 84526 My Commission Expires September 05, 2004 t1. Social Security Number Timbe: Stumpage Sale Agreement 5 Non -Standard 11/14/00 • • 14. ENTIRE AGREEMENT; MODIFICATION. This AGREEMENT constitutes the entire and final agreement between the parties and supersedes any prior agreement or understanding with respect to its subject matter. Any modification of this AGREEMENT or waiver of its terms must be in writing and signed by the party to be bound. N WRYNESS HEREOF, the parties have executed this AGREEMENT r.s of the date first written above. JAMES G. DIAMANTI Social Security Number (Witne ;s) JANE ULIANO (Wit ess) Social Security Number IAMANTI Social Security Number (Witness) (5 k- Cr 7%4e A. 4 (Noieiry 1-!•6 e ) LOUISIANA-PACIFIC CORPORATION (Witness) Timber Stumpage Sale Agreement 5 Non -Standard 11/14/00 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT c-0 State of California County of On //70/00 , before me, Date personally appeared re L1 or/ C26orl,'5 O Oc. ufrr Place Notary Seal Above Name and Title of Officer (e.g., "Jane Doe, tlotary Public") Cc; r Name(s) of Signer(s) Lil p9rsonally known to me proved to me on the basis of satisfactory evidence to be the person(5) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/sl.eLtbey executed the same in his/her/their authorized capacity(ies), and that by his/heftheir signature( on the instrument the person(s), or the entity upon behalf of which the person(V) acted, executed the instrument. WITNESS) my hand and official seal. Sigriatore of Notary Public OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document co..., -,7 Title or Type of Document: i (( fat% S /-Ll r" 1 Pf{ VC )/) / & Al reem i�rt T Co"��-= A, �ti r?5 D 1-w l S?mss r /z l /4. z3 Zy Document Date: No ve.. b.2 30 ; 2 Q O o Number of Pages: 14/'he S Dia/14.,T; 4/1,1 J c4, t Signer(s) Other Than Named Above: ftt+r1r Capacity(ies) Claimed by Signer Signer's Name: Cr 4'1 'r7 G -.) T ❑�tfidividual J ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General I 1 Attorney in Fact f I Tru! lee IJ Gu; rdian or Conservator ❑ Other: Signer Representing: Nr st. 0 - RIGHT UMBPRINT OF IGNER Top of thumb here e%C?�C' vg ,.'t G ."�%C:�%C:` `c-.(:`C%G? ?�•<i`c�CSAX%CSS=tSu.Cy, ::`f -C^ .'<=i:`C�) t9ct)<- © 1997 Nations• Notary Association - b350 De Soto Ave., PO. Box 2402 • Chatsworth. CA 91313-2402 Prod. No. 5907 Reorder: Call Toll -Frye 1-800-876-6827 • • Exhibit A Scope of work "Merchantable Timber" as used in this agreement 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 LP, economically logable. Roads. LP shall at it's expense: A. Obtain permits from Garfield County to allow trucking over County Roads # 312. B. Grade and repair the access road from the end of county maintenance to the property, as shown on the map attached. C. Construct and maintain all new roads to be constructed on the property necessary to access and remove merchantable timber designated for cutting. Proposed locations of main roads to be constructed on the property are shown on the map attached. Final locations will depend upon ground conditions. D. Upon completion of the harvest, all roads on the property will be closed if so directed by the Seller. Closure shall consist of grading, installing waterbars, spreading slash over portions of the surface and grass seeding. Roads not designated to be closed will be graded, waterbared, and seeded to grass. 2. Designated timber: A. All Aspen and Subalpine Fir merchantable timber is designated for removal on the following portion of the property unless agreed to by a contract amendment. Section 12, SW1/4 Section 13. N1/2NW1/4 Section 14. E1/2NE1/4, SE1/4, E1/2SW1/4,SW1/4SW1/4 B. Exceptions to designated timber. Within the proscribed cutting areas listed in 2A above, and any additional areas covered by subsequent contract amendments, the following exceptions to the designated timber to be cut shall apply. 1. Stream Management Zones (SMZ). The recognized SMZ's are shown on MAP A along with ephemeral water courses. Harvest within these areas shall comply with state Best Management Practices (BMP), and such timber as necessary to comply with these practices shall be left standing. 2. Within any areas added to this agreement by Amendment, areas may be left where slopes exceed 30%, or soil condition's are unstable. 3. Harvest operations: A. LP shall cut and skid all merchantable timber to landing areas and shall load and haul it to designated delivery points. B. Limbing shall be done either in the woods, and the slash shall be scattered and lopped to within three feet of the ground, or timber shall be whole tree skidded to the landing where slash shall be piled for burning at a later date by the seller. C. Aspen and Subalpine Fir POL shall be trucked to LP, Montrose, Colorado. Trucks will be weighed loaded and unloaded on certified scales, and payment to Seller shall be based on the net weights. Subalpine sawlogs shall be trucked to either LP, Saratoga, Wyoming, or another facility as determined by LP. Trucks shall be weighed loaded and unloaded, and payment shall be based on net weights. Payment for timber removed shall be made weekly. 4. Surveys. LP shall bear the cost of surveys where necessary, to prevent trespass on adjoining landowners. \l- 9/819 3400 aman 'Era i 1 T. 7 S 4372 { 9 tsfi 8632 hem, 4371 927 i X __ 0 2j li -:"•- v \ //ice 7// /JJ ��\\\`u )•�\ `'�( fl9d Ili \\�\� 0 \./ 430 ( f z 3 ,, 1 IFE -396 J\ \\ un• • topc RadioV� • (/lowers. 6 4369 4367 Name: CARBONDALE Date: 10/23/100 Scale: 1 inch equals 1.052 miles Location: 039° 26' 54.8" N 107° 28' 24.8" W Caption: Diamanti Tract Rout of Haul MPrPZ Copyright (C) 1997, Maptech, Inc. 1. 2. 3. 4. • • Adjoining Landowners Diamanti Tract Bureau of Land Management P.O. Box 1009 Glenwood Springs, Colorado, 81602 Sheldon Prestwich 865 S 860 W Cedar City, Utah, 84720-6607 Division of Wildlife 711 Independent Grand Junction, Colorado, 81505 attention, Steve Yamashita, administrator, Garfield Creek State Wildlife Area Jerry H. and Dena M Hammar 1245 Co. Rd. 129 Glenwood Springs, Colorado, 81601