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Home My WebLink About5.0 Resolution 2001-47illllllslllllllllllllllll,IIIIIIIIII:59P,�IIIIIIIIIIIIIIIII • 58454 1 of 6 R 0.00 D 0.00, GARFIELL) COUNTY CO STATE 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 6thday of July A.D. 2001 , there were present: John Martin Larry McCown Walt Stowe Don DeFord Mildred Alsdorf Ed Green , Commissioner Chairman , Commissioner , Commissioner , County Attorney , Clerk of the Board , County Manager when the following proceedings, among others were had and done, to -wit: RESOLUTION NO. 2 0 01- 4 7 A RESOLUTION CONCERNED WITH THE APPROVAL OF THE DIAMANTI / LOUISIANA PACIFIC SPECIAL USE PERMIT APPLICATION TO ALLOW TIMBER HARVEST IN THE A/R/RD ZONE DISTRICT ON THE PROPERTY DESCRIBED IN EXHIBIT A, ATTACHED HERETO. WHEREAS, the Board of County Commissioners of Garfield County, Colorado, has received an application from James G. Diamanti, Jane Juliano, and Gregory Diamanti, applicants, and Louisiana Pacific Corporation, co -applicant, for a special use permit to allow for approval of timber harvest 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 16th day of April, 2001, which was continued to the 7th day of May, and the 21St day of May, 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 special use permit; and • Page 1 of 4 1111111 Iltik 111111 11111 111 411111 1111111111111584546 07/17/2001 01:59P B199 M ALSDORF 2 of 6 R'0.00 D 0.00 GARFIELD COUNTY CO • 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 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 Diamanti / Louisiana Pacific special use permit is hereby approved subject to compliance with all of the following specific conditions: 1. 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) Best Management Practices (BMPs) shall be adhered to in all cases. b) No operations will occur during normal migration periods. c) Stream Management Zones (SMZ's) will be maintained and only selectively cut to remove all diseased trees within BMP guidelines, leaving sufficient cover to protect water quality. d) The timber harvest will result in restoration of healthy, young aspen, improved wildlife habitat, maintained aesthetics, and will preserve water quality. e) Roads remaining open will be graded, waterbarred, and seeded. Final closure of roads shall consist of grading, installing waterbars, spreading slash over portions of the surface, and seeding with grass. f) Warning signs to alert the public of truck traffic shall be posted as necessary. g) A bulldozer will be kept on site for fire suppression purposes. h) The property boundaries will be surveyed and flagged to prevent trespass. i) All logging operations shall be completed by 10/1/03; 2. That roads shall be maintained adequately. The applicant shall execute the Garfield County Road & Bridge Department's agreement. Said agreement shall be approved by the Board of County Commissioners prior to issuance of any special use permit; • Page 2 of 4 11111111111111111 IIlI III 16111 111111111Ilii 584546 07/17/2'001 01:59P B1500 M ALSDORF 3 of 6 R 0.00 D 0.00.GARFIELD COUNTY CO • 3. 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 10 loads per day, and shall be within legal weight limits; 4. That the applicant shall obtain and comply with any necessary access permits; 5. That 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; 6. That an adequate bond be placed with Garfield County to be 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 bond shall be issued solely for the Diamanti project, and not cover any other operations; The amount of the bond shall be determined by the Board of Commissioners prior to issuance of the special use permit; 7. That newly constructed private roads will be constructed to minimum haul standards in a manner that protects water quality on adjacent and downstream properties; 8. 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 private roads; 9. Landing slash will be bumed during favorable conditions, with the proper permits. Burn 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; 10. Chainsaws shall be equipped with spark arrestors and all motorized equipment shall carry at least one shovel and one fire extinguisher; 11. That the Special Use Permit is subject to review for compliance or noncompliance with the timber harvest plans and the conditions placed on the permit. The applicant will be required to submit a report one year from the date of issuance of the special use permit 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; 12. That this conditional approval shall be valid until 4/16/02. If the applicant fails to meet the conditions by 4/16/02, and subsequently the special use permit is never issued, the approval shall be automatically revoked, unless an extension is granted by the Board of County Commissioners; 13. That the forest management practices will be monitored for compliance with the application, the Best Management Practices, and the special use permit by a consultant chosen by Board of County Commissioners; 110 Page 3 of 4 IIl 11111111111.111111,11111 I I1 1111101 Hill I►I 1111►111 584546 07/17/2001 01:59P B1269 1 M ALSDORF 4 of 6 R-0.00 D 0.00 GARFIELD TY CO • • • 14. Slopes of 50+% slopes shall not be harvested. All unstable areas and/or highly erosive soils shall not be logged; 15. 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;. 16. All operations will cease during spring run-off (typically March -May) and during elk calving times (Mayl -July 1). 17. That the applicant shall obtain all necessary access agreements, specific to the logging use, signed by the applicant and the three other affected property owners (currently Morgan, Tuguvu-nlRapasardi, and Prestwich), prior to issuance of the special use permit Dated this 17thday of July , A.D. 2001 GARFIELD COUNTY BOARD OF COMMI NERS, GARFIELD CO SLO Clerk of the Boar Upon motion':duly made and seconded the foregoing following vote;; , COMMISSIONER CHAIR JOHN F. MARTIN COMMISSIONER LARRY L. MCCOWN COMMISSIONER WALTER STOWE olution as adopted by th , Aye , Aye , Aye STATE OF COLORADO )ss County of Garfield County Clerk and ex -officio Clerk of the Board of 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 , A.D. 20 . County Clerk and ex -officio Clerk of the Board of County Commissioners Page 4 of 4