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HomeMy WebLinkAbout1.0 ApplicationJan -08-99 05:10P Stella Archuleta 970-945-7785 P.01 4110 APPLICATION 411 • • Submittal Date: Special Use Permit GARFIELD COUNTY PLANNING DEPARTMENT 109 Eighth Street, Suite 303 Glenwood Springs, CO 81601 Telephone: 970.945.8212 Facsimile: 970.945.7785 January 11, 1999 Base Fee: $400 Applicant: Joan L. Savage Address of Applicant: e% P.O. Box 1926, Rifle, CO 81650-19 elephone: 625-1470 Special Use Being Requested: Amendment of Timber Harvest Special Use Permit Zone District: RA' Size of Property: 960 Acres Application Requirements: These items mu5t be submitted with the application 1] Plans and specifications for the proposed use including the hours of operation, the amount of vehicles accessing the site on a daily, weekly and/or 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. 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 roadways within one (1) mile of your property. If you are proposing a new or expanded access onto a County or State roadway, submit a driveway or highway access permit. 4] A vicinity map, showing slope of your property, for which a U.S.G.S. 1:24,000 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 of the deed and a legal description of the property. if you are acting as an agent for the property owner, you must attach an acknowledgment from the property owner that you may act in his/her behalf. 7] For 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, 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 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 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 mailing and publication and proof of mailing and publication must be submitted at the time of the public hearing. The informatio on ; . within this application is complete and correct, to the best of my knowledge: Applicant: Date: / • • APPLICATION TO AMEND JOAN L. SAVAGE TIMBER HARVEST SPECIAL USE PERMIT RESOLUTION NO. 94-111 TABLE OF CONTENTS 1. PLANS AND SPECIFICATIONS OF AMENDED PROPOSED USE 2. WATER USE PLAN 3. MAP OF PROPERTY 4. VICINITY MAP 5. ASSESSOR'S MAP A. LIST OF ADJOINING PROPERTY OWNERS WITH ADDRESSES 6. PROOF OF OWNERSHIP: see original application 7. IMPACT STATEMENT 8. COLORADO STATE FOREST SERVICE TIMBER HARVEST PLAN: See original application. 9. USFS ROAD EASEMENT AGREEMENT: see original application 10. SURETY BOND: previously submitted • • EXHIBIT 1 PLANS AND SPECIFICATIONS FOR PROPOSED AMENDED USE This application is made to amend the terms and conditions of the Special Use Permit granted to applicant by Resolution No. 94-111 as follows: I. HOURS OF LOG HAULING: Amend to the following: Except during periods when private or county roads are subject to thaw- ing during the day, all timber hauling on County Roads be on Monday through Friday, between the hours of 7 a.m to 7 p.m. Dur- ing periods when private or county haul routes are thawing later in the day, hauling periods on County Roads shall be limited to 5 a.m to 1 p.m. During periods of hard freeze up, hauling may be conducted seven days a week. REASONS FOR AMENDMENT: During periods when private or county roads are thawing during the day, in order to get two loads hauled out a day we need to start earlier so that the sec- ond load can be on pavement by 11:00 am or 12:00 at the latest. The local supply of log hauling trucks is limited and they need to be able to make two round trips a day to mills in the Delta/Montrose area. This will entail some early morning distur- bance, but it will be limited to those times when we have wet and thawing conditions. These periods are generally for a few weeks in November- December, and February -March. Road conditions will usually prohibit log hauling for much of April and May and log hauling operations will not be conducted from Mid -September to early November due to hunting seasons. For the few weeks in the winter when road conditions are ideal, i.e. hard frozen without thawing, we can limit the hauling to day time hours, but need to haul 7 days a week for short periods to take advantage of the fa- vorable road conditions. We are trying to do most of hauling in the winter to avoid road and environmental damage, limit dust, and avoid higher traffic times, summer and fall (no timber harvesting is allowed during big game hunting seasons). Road conditions will also pro- hibit operations for a substantial period in spring and early summer. These factors already substantially limit the times when logs can be hauled, therefore we need to take full advantage of the limited hauling days we have available. II. HAUL ROUTE CHANGE: The original haul route using CR 301 off of Holmes Mesa inhibited logging operations due to the weight limits of that route and the fragility of the CR 301 chip and seal surface during thawing periods. To eliminate these prob- lems, applicant has built a private road between Cache Creek and Spruce Creek and will therefore be able to avoid log hauling on CR 309 and 301 when damage to CR 301 and 309 is possible. This alternate route will eliminate most loaded trucks from CR 309 and 301, roads with higher traffic volumes, design limitations, and many more residences than the new route. • The new log haul route will intersect CR 329 (Spruce Creek Road, at an existing access point to CR 329, south of the maintained section of that road and will then follow Spruce Creek Road (dirt/gravel surface) to CR 320 (asphalt) and then west to CR 309 intersection with CR 320 and continuing on CR 320 (gravel) to CR 323 (asphalt) and the Rulison Bridge and State Hwy. 6 & 24 and I-70. III. SPECIAL USE PERMIT BOND: The original Special Use Per- mit required a $100,000.00 Letter of Credit. This amount was based on the original haul route off of Holmes Mesa and the then current road bonding schedule. Applicant requests that the amount of the surety be amended to reflect the current bonding schedule and to allow for a Surety Bond rather than a Letter of Credit. The amount of this bond was calculated pursuant to the revised Garfield County Road Bond Schedule. We have been advised by Garfield County Road & Bridge that the weight limits on CR 320 and CR 323 to Rulison Bridge have been reclassified to 80,0001bs., therefore overweight permits will not be required. We calculate the road bonding amount as follows: GRAVEL CHIP/SEAL ASPHALT CR 329 (from gate south) 9,000' CR 320 to CR 309 4,500' • CR 320 from CR 309-323 14,000' CR 323 to Hwy. 6 2,000' 23,000' 6,500' 23,000'/5280 (4.35miles) @ $10,000/mile = 6500'/5280 (1.23miles) @ $145,000/mile = $43,500 $174,000 $217,500 IV. TIMBER HARVEST PLAN: T existing Timber Harvest Plan re- mains in effect. Additional cutting units, in conformance with the Timber Harvest Plan, will be designated as work progresses. Kelly Rogers of the Colorado State Forest Service has been re- tained to provide applicant consulting services and timber har- vest recommendations during the course of the logging operation. V. HOURS OF OPERATION: Road building and timber cutting on the property will occur intermittently, generally limited to daylight hours, although some truck loading may be done at night to take advantage of early morning haul times due to road freeze thaw cycle. VI. NUMBER OF VEHICLES ACCESSING THE SITE: During road building and timber cutting operations, traffic to the site will average 10 to 20 round trips per day by light trucks and service vehicles. See attached Impact Statement for estimate of log hauling trips. • • • VII. STRUCTURES: No permanent structures will be constructed for this use. 2. WATER USAGE This usage will not require any on site water USAGE other than drinking water which will be transported by private vehicle. 1 • • Zg� 36 •/ 1 l A 5258 529! I � II / / 1,1 �1�54 �f l I -L E 'R -rr •05';' A T I 0 N A L �iJ I I dd'2 3 I •••‘••• 23 .2• • z• - -7 • lc"' 25 11 SO 3 EXHIBIT 4 VICINITY MAP 211 3/ 3. • 10 20 Fi 3 a N` \.2 317 F 1, 52 31 7- 308 "/ • 3o3j .1 20 21 25 0000 • f • a ' ••••,../4”. .rot • HITE 20 32 33 • R95 W I •oo 4 M I e itsww. Pro, .0.523 41- 1N4T /0/ V •". ,,•••• ,;• 4 NO 4/E5.4 NATIONAL FOREST — _ R 94 W. M E I0 R / VER • . • 'FORES .11 A R 93 W EXHIBIT 5A • 5.A. ADJOINING LANDOWNERS SITE OF COMMERCIAL LOGGING OPERATIONS: PARCEL NO. 2405- -956 953 952 NAME ADDRESS United States of America 0094 CR 244 White River National Forest Rifle, CO 81650 2407-251-00-135 Ruth McLaughlin Trust 2405-192-00-012 Joan L. Savage • • c/o Grant Erickson Erickson * Papenek 1625 Shermer Rd. Northbrook, IL 60062 • • • EXHIBIT 7 IMPACT STATEMENT RE SAVAGE APPLICATION TO AMEND SPECIAL USE PERMIT FOR TIMBER HARVESTING (Ideals Property) I. LOCATION: On 960 acres of privately owned property lo- cated in unsurveyed Secs. 29, 30, and 32, T. 7S, R. 94 W. 6th P.M.; practical description: 10 miles southwest of Rifle, 6 miles south of Rulison, between Cache Creek and Cottonwood Creek. II. SCOPE: Applicant plans to cut 3-5 million board feet of saw timber and 20,000 tons of Aspen off of a 960 acre tract. This is approximately 1/2 of the presently standing timber. Ac- tivities will include: improvements to 3 miles of existing 4 wheel drive road, construction of approximately 5 miles of haul roads, and construction of 2-3 timber gathering yards of approxi- mately 2 acres in size. Timber is being harvested for: commercial timber, construc- tion of a cabin (to be permitted separately), to increase live- stock forage and increase water absorption into the soils and aquifers. III. DESIGN: Timber will be harvested in a prudent and workmanlike manner pursuant to the Timber Harvest Plan prepared by Kelly Rogers, Assistant District Forester, Colorado State Forest Service, dated December, 1994. Actual location of haul roads, yards and cutting units will be determined on site as work progresses. IV. CONSTRUCTION SCHEDULE: An initial aspen cut was done in 1995-97. Additional aspen and spruce -fir will be cut over the next several years. Rate of cutting and hauling will be dictated by market conditions and weather. V. EXPLANATION OF OPERATION CHARACTERISTICS: Operations will consist of road construction and timber harvesting by one or more crews of 5-6 men each. Most of the area will be cut by me- chanical cutters and skidded with rubber tired or tracked equip- ment. Some areas, due to grade and/or proximity to riparian ar- eas, will be handfallen and cable skidded from existing roads. Logs will be hauled off of the site to area mills via conven- tional log trucks. • • • VI. IMPACTS: (A) Existing lawful use of water through depletion or pol- lution of surface run-off, stream flow, or ground water. Timber harvesting on this parcel will be water use neutral or may actually increase area water supplies. Applicant intends to use best available technology and methods to limit pollution of run-off, stream flow or ground water. All natural streams will be protected by 50 to 100 foot se- lective cut buffer zones. Adequate water bars will be placed in all roads to prevent steam sedimentation. (B) Impacts on adjacent land from vapor, dust, smoke, noise, glare, vibration, or other emanations Adjacent lands, primarily parts of the White River National Forest, will be minimally impacted by engine exhaust, dust, smoke from slash burning, some vibration from intermittent equipment operation and noise of operations. These are vacant lands, in- frequently used. Because of the relative size of the tract, most of the impact will be limited to the private lands owned by Applicant. (C) Impacts on wildlife and domestic animals, hazardous attractions, alteration of existing vegetation, block- ade of migration routes, use patterns or other disruptions. The area is used by big game animals for summer pasture and winter habitat in the lower areas not affected by logging opera- tions. The area is also used for summer grazing of cattle and fall hunting. Applicant does not foresee its operations being anymore than a temporary disruption of wildlife, grazing, and hunting uses of the area. The proposed silvacultural practices will increase the age range of tree species, increasing forage for wildlife and grazing for livestock. Existing vegetation will be altered by cutting standing tim- ber, much of which is at an over -mature stage. The area shows substantial signs of beetle kill damage. Logging may inhibit the spread of this investation to and from USFS lands. (D) Affirmatively show impacts of truck and automobile traffic to and from such uses and their impacts to ar- eas in the County Applicant estimates approximately 1400 loaded logtruck trips from the site over several years. (assuming hauling 100 days per year with a three year project life, average number of loads per day will be: 4-5). See discussion in part one of application re haul routes. The estimated truck traffic spread over several years will not create an undue disturbance or road damage. Ilk Worker access and related traffic (6-10 round trips daily) will not significantly increase existing traffic loads. • • (E) Sufficient distances shall separate uses from abutting property to avoid damages by operations Applicant plans to leave a buffer area at property bound- aries to limit impact on adjoining properties. (F) Mitigation measures proposed for foregoing impacts and for standards identified in 5.03.08 Applicant expects its operations to result in decreased stream siltation due to improved drainage and creek crossings on existing access roads. Timber haul roads and yards will be reseeded and/or, barred and stabilized to limit stream sedimentation. All streams will be left with a buffer of undisturbed areas and slash will be windrowed strategically to eliminate stream sedimentation. The ungraveled portion of CR 329 will be grader maintained by applicant during log hauling. If needed, sections of CR329 around the Paul Bernklau residence and the Mackley resort site will be treated for dust suppression. (G) Sewage and waste water disposal: Portable toilets will be provided onsite for personal waste disposal. The project will not generate any waste water. RECORDED/D: y2 0'CLOCK,4.M. R_C It 468944 BOOKO917r!Ci030 SEP 21 1994 MILDRED ALSDCRF, (,ARFIELD COUNTY CLERK 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 19th day of September A.D. 19 94 , there were present: Elmer (Euckey) Arbaney Arnold L. Mackley Marian I. Smith Don DeFord Mildred Alsdorf Chuck Deschenes , Commissioner Chairman , Commissioner , Commissioner , County Attorney , Clerk of the Board , County Administrator when the following proceedings, among others were had and done, to -wit: RESOLUTION NO, 94-111 A RESOLUTION CONCERNED WITH THE APPROVAL OF A SPECIAL USE PERMIT APPLICATION FOR JOAN L. SAVAGE WHEREAS, the Board of County Commissioners of Garfield County, Colorado, has received application from JOAN L. SAVAGE to allow for a natural resource extraction (commercial logging operation) on the following described tracts of land: T.7S., R.94W., 6th P.M. - The Ideal Nos. 1, 6, 7, 8, 9, 10 Placer Mining Claims, being United States Mineral Survey 20357, as more particularly described in the Patent No. 1037629, recorded 6/11/30, Reception No. 107261, Book 160, Page 446 in the records of the Garfield County Clerk and Recorder's Office (Portions of unsurveyed sections: 28, 29, 30, 32, 33). (in the State of Colorado and the County of Garfield); and WHEREAS, the Board held a public hearing on the 15th day of August, 1993, upon the question of whether the above-described Special Use Permit should be granted or denied, at which hearing the public and interested persons were given the opportunity to express their opinions regarding the issuance of said Special Use Permit; and WHEREAS, the Board on the basis of substantial competent evidence produced at the aforementioned hearing, has made the following determination of fact: 1. That proper publication and public notice was provided as required by law for the hearing before the Board of County Commissioners. /a L.411 B00K091.7 ^�c1 031 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 hearing. 3. That the application is in compliance with the Garfield County Zoning Resolution of 1978, as amended. 4. For the above stated and other reasons, the proposed use is in the best interest of the health, safety, morals, convenience, order, prosperity and welfare of the citizens of Garfield County. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Garfield County, Colorado, that the Special Use Permit be and hereby is authorized permitting the use of the above described tract of land for a natural resource extraction (commercial logging operation) upon the following specific conditions: 1. That all verbal and written proposals of the applicant shall be considered condition of approval, unless specified otherwise by the Board of County Commissioners. 2. That prior to issuance of a Special Use permit, a timber management plan be submitted to the Planning Department that has been prepared by the Colorado State Forest Service. The forest management plan shall include a fire suppression plan. 3. That all timber hauling on County Roads be on Monday through Friday, between the hours of 7 a.m. to 7 p.m.. 4. The haul route for timber and other overweight service vehicles will be CR 301 to CR 309 to CR 320 to CR 323. Additionally, an overweight vehicle permit will be acquired for each vehicle needing such permit. 5. That prior to issuance of the Special Use permit, a permit for an access route shall be acquired from the White River National Forest Service. 6. All log hauling trucks will be equipped with operating scales and be registered in the State of Colorado. 7. The applicant will supply materials they have available for road improvements agreed to with the Board of County Commissioners. The applicant will be allowed to haul a maximum of five (5) round trips per day prior to the road improvements being completed. 8. An irrevocable letter of credit will be posted with the County based on the number of miles of chip and seal surface on the haul route, not to exceed $100,000.00. Dated this _Lath day of September ATTEST: . IL/ L • 0.1':.1./ CI rk of the Board: •• /3 , A.D. 19 94 . GARFIELD COUNTY BOARD OF COMMISSIONERS, GARFIELD COUNTY, COLORADO a Chairman vote: BOOK00171'46i 032 Upon motion duly made and seconded the foregoing Resolution was adopted by the following Elmer (Buckey) Arbaney Arnold L. Mackley Marian I. Smith STATE OF COLORADO ) )ss County of Garfield ) Aye , Aye , Aye County Clerk and ex -officio Clerk of the Board of County Commissioners in and for the County and State aforesaid do hereby certify thaf 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. 19 County Clerk and ex -officio Clerk of the Board of County Commissioners GARFIELD COUNTY ROAD & BRIDGE Memo To: Garfield County Planning From: King Lloyd Date: January 21, 1999 Re: Savage Logging The proposed changes to the log haul route will benefit the county from several aspects: 1. The original haul route didn't have adequate structure to support the loads, especially during thawing conditions. 2. The counties road maintenance costs will be reduced. There are some concems that will need to be mitigated: 1. County Road 329 will need to be treated with a dust palliative which will also help the hill to resist corrugates from the multi -aide trucks. 2. County Road 329 should also be posted with a 30" x 30" highway standard spec. "Heavy Truck Traffic Ahead." The haul route bond has been calculated correctly to a total of $219,500. The Road and Bridge department would like to also still require from the original S.U.P. that all log hauling trucks will be equipped with on board scales. Should you have any questions contact my office. In Attachments enclosed • Page 1 1994 HAUL ROUT AS SUBMITTED PER RESO TION 94-111 B. Hauling System The existing road system is described in Section I.B, above. The expected haul route will be: Road Section Surface Milage Top of sale area to County Road 301 dirt 5.2 County Road 301 gravel .6 County Road 301 to County Road 309 paved 1.5 County Road 309 to County Road 320 paved 1.5 County Road 320 to County Road 323 paved 2.5 County Road 323 to I-70 Rulison Exit paved .5 Total Milage to I-70 11.8 Currently, the driveable road ends in the large grassy park in the SE corner of landowner's 160 acre parcel in section 20. An old road continues south from this point across a quarter mile section of the White River National Forest and then enters landowner's private property and continues south. The existing road will be improved across the WRNF lands and a new road, entirely on the landowner's property, will be constructed to access the cutting units. The new road construction required to access the aspen timber sale is shown on the Proposed Timber Sale Area map in the Appendix. Minimum haul road standards are 14 foot width, with maximum adverse grade of 8%. Maximum favorable grade is 15%. Road base will be native material in most places, although it may be necessary to haul in gravel to cover some of the rockier stretches of this road. There are four new stream crossings that will be required on the new construction. These crossings should be at right angles to the streambed, and should consist of steel or ADS culverts at least 18" in diameter. Culverts should be placed on a 2 to 4% grade, should be covered with at least one foot of dirt, and an apron of rock provided for outflow to spill on. There are approximately 2.1 miles of new road construction required to access the sale. The new road will be of the minimum standard necessary to remove logs, with very little road base or ditching. None of the new road constructed will be accessible to public use. Some of the unit access roads will be maintained indefinately for access to subsequent cuts on upper portions of the property. Temporary spur roads may be necessary to access parts of the cutting units; these temporary roads will be rehabilitated by grading and seeding after the sale is completed. The aspen sale will total approximately 7,000 to 8,000 tons. This will amount to between 230 and 270 truckloads. At 2 to 4 loads per day, log hauling should be completed in 5 to 6 months. /f- HILLTOP FARM 7880 309 Road Rifle, Cblorado 81650 February 10, 1999 Garfield County Commissioners 109 8th. Street County Court House Glenwood Sprongs, Colorado 81601 Dear Commissioners: FEB 1 g 1 o U We are writing to you in regards to the Forest Harvest permit pending before you for Joan Savage. We feel that the timber intended to be harvested is mature and if harvested in an orderly manner it is a resource that should be put to beneficial use. There has been some evidence of beetle infection in the area for several years which makes it even more crucial to get it and harvest the mature trees before a lot more damage occurs. Living as neighbors to the Savage family for many years we feel that, if, some unforseen environmental problem should develop in the logging process, they would cooperate in trying to solve whatever should arise. Therefore we agree that it would be correct for the County Commissioners to.approve the timber harvest application for the Savages with whatever regulations apply with Garfield County for such operations. c/c John W. Savage S'ncerely, �// Carl H. & Nora Ruth Bernklau HILLTOP FARM 7880 309 Road Rifle, Colorado 81650 February 10, 1999 Garfield County Commissioners 109 8th. Street County Court House Glenwood Sprongs, Colorado 81601 Dear Commissioners: FEBF-20M3VgQB LU X4,19 99 We are writing to you in regards to the Forest Harvest permit pending before you for Joan Savage. We feel that the timber intended to be harvested is mature and if harvested in an orderly manner it is a resource that should be put to beneficial use. There has been some evidence of beetle infection in the area for several years which makes it even more crucial to get it and harvest the mature trees before a lot more damage occurs. Living as neighbors to the Savage family for many years we feel that, if, some unforseen environmental problem should develop in the logging process, they would cooperate in trying to solve whatever should arise. Therefore we agree that it would be correct for the County Commissioners to,:approve the timber harvest application for the Savages with whatever regulations apply with Garfield County for such operations. S'ncereelyi Carl H. & Nora Ruth Bernklau c/c John W. Savage HILLTOP FARM 7880 309 Road Rifle, Cblorar9c> 81650 February 10, 1999 Garfield County Commissioners 109 8th. Street County Court House Glenwood Sprongs, Colorado 81601 Dear Commissioners: p52G,'.,M137‘Fi_EAR 11! FEB 1g, 1999 U We are writing to you in regards to the Forest Harvest permit pending before you for Joan Savage. We feel that the timber intended to be harvested is mature and if harvested in an orderly manner it is a resource that should be put to beneficial use. There has been some evidence of beetle infection in the area for several years which makes it even more crucial to get it and harvest the mature trees before a lot more damage occurs. Living as neighbors to the Savage family for many years we feel that, if, some unforseen environmental problem should develop in the logging process, they would cooperate in trying to solve whatever should arise. Therefore we agree that it would be correct for the County Commissioners to..approve the timber harvest application for the Savages with whatever regulations apply with Garfield County for such operations. S'ncerelyi Carl H. & Nora Ruth Bernklau c/c John W. Savage • FUND (.2Pe,r_ .�' �ltiS;t,( -�- • ITEM DESCRIPTION Over -,F Tv /27 s, (services, supples, etc . ACCOUNT # VENDOR # 7/36 INVOICE # ,D(r 21 /” APPROVED FOR PAYMENT INV. ACCURACY VERIFIED CHECKED BY ACCT. OFF. $ TOTAL DATE 02, • • MGPEC METROPOLITAN GOVERNMENT PAVEMENT ENGINEERS COUNCIL Phone: (303) 679-9325 P.O. Box 40172, Denver, CO 80204-0172 Fax: (303) 679-9325 INVOICE Date: December 21, 1998 Membership Dues 1999 Description of Services: Membership dues are based on the populations of the jurisdictions which they represent. The dues are based on the following formula: Population < 25,000 > 25,000 Annual Dues $ 50.00 $200.00 MGPEC member Population (per U.S. Census Estimate revised 1993) Bob Szrot Garfield County Amount $200 Terms: Net 30 Fee Amount PLEASE RETURN A COPY OF THIS STATEMENT WITH YOUR REMITTANCE YOUR CANCELED CHECK IS YOUR RECEIPT MAKE CHECKS PAYABLE TO MGPEC Mail to: MGPEC P.O. Box 40172 Denver, CO 80204-0172 Questions? - Call Terri Popken 303-679-9325 Tax I.D. #: 84-1284182 MGPEC METROPOLITAN GOVERNMENT PAVEMENT ENGINEERS COUNCIL Phone: (303) 679-9325 P.O. Box 40172, Denver, CO 80204-0172 Fax: (303) 679-9325 Although you are alread a member Tease return this orm in order to ensure the accuracy o our records: MEMBERSHIP RENEWAL FORM METROPOLITAN GOVERNMENT PAVEMENT ENGINEERS COUNCIL (MGPEC) We hereby renew our membership to the Metropolitan Government Pavement Engineers Council. The effective dates of membership are from January 1, 1999 to December 31, 1999. Payment of annual dues is required by January 31 of each fiscal year. Name of Member: g, Szi�>i Title: 6/7,e 7_e 7/ E,5//v Pr Organization X74, /! e Address /o 9 >/ S; e 27 Sv;rP Phone Number F20 c i„2.k- Fax Number 926 2 yj�- 7 (FS- Payment F5Payment Enclosed Date (Your cancelled check is your receipt) Bill future invoices attention to (if different than above): Return to: Metropolitan Government Pavement Engineers Council (MGPEC) P.O. Box 40172 Denver, CO 80204-0172 Tax I.D. No: 84-1284182 • TIMBER HARVEST PLAN for JOHN W. SAVAGE, JR. P.O. Box 1926 Rifle, CO 81650 (303) 625-1470 Portions of unsurveyed sections: 28, 29, 30, 32, 33 Township 7 south, Range 94 west of the 6th P.M. Garfield County, Colorado Prepared by: Kelly Rogers, Assistant District Forester Colorado State Forest Service 222 8. 6th Street, Room 416 Grand Junction, Colorado 81501 (303) 248-7325 December, 1994 • • Table of Contents page I. Description of Proposed Harvest Area 2 A. Location 2 B. Current Road Access 2 C. Topography and Climate 2 D. Soils 3 E. Wildlife 3 F. Timber Types 4-6 II. Proposed Silvicultural Treatments 7 A. Objectives 7 B. Aspen Harvest 7 C. Spruce -fir Harvest 8 III. Proposed Harvest System 9 A. Logging System 9 B. Hauling System 9 IV. Proposed Rehabilitation Guidelines 10 V. Schedule of Operations 10 VI. Potential Impacts and Planned Mitigation .....11 A. Soil and Water Resources 11 B. Recreation and Aesthetics 11 C. Wildlife Habitat and Range Values 12 D. Fire Protection 13 E. Impact on Neighboring Landowners and Communities13 VII. Enforcement of Timber Harvest Plan 14 VIII. References .....15 IX. Appendix Maps: A. Property Location Map B. Vegetation Type Map C. Proposed Sale Area Map D. Sample Timber Sale Agreement • • I. Description Of Proposed Timber Harvest Area A. Location The proposed harvest area lies within the Cache Creek drainage, approximately 9 air miles southwest from the town of Rifle. The property is part of a private inholding encompassing approximately 960 acres within the White River National Forest. The complete legal description for the property is as follows: T. 7 S., R. 94 W., 6th P.M. The Ideal Nos. 1, 6, 7, 8, 9, 10 Placer Mining Claims, being United States Mineral Survey 20357, as more particularly described in the Patent No. 1037629, recorded 6/11/30, Reception No. 107261, Book 160, Page 466. (Portions of unsurveyed sections: 28, 29, 30, 32, 33). The property has not been surveyed recently, and the boundaries are not delineated by fencing. A brass cap at the section corner between sections 19, 20, 29, and 30 in Township 7 south, Range 94 west was located as a reference point for the sale area. No other survey monuments were located. Refer to the Property Location Map in the Appendix for a detailed description of the boundaries. B. Current Road Access The property is currently accessed from I-70 by paved county roads, a gravel road, and a rough dirt road. From I-70, approximately 4.6 miles are either paved or gravel road. The remaining 4.1 miles are currently 4 -wheel drive only, with several extremely rough sections of large boulders, stream crossings, and steep grades. Work is currently underway to improve the existing road to minimum log truck standards. Refer to Section III of this plan for information on planned road improvements and construction. C. Topography and Climate The Savage property lies along the north side of Battlement Mesa. Topography is benched to gently sloping as the terrain rises from the Colorado River on the north toward the relatively flat top of Battlement Mesa to the south. The sale area has a fairly consistent slope of 15 to 20 percent. The slope gradually increases to 40 to 50 percent on the upper portions of the property. Elevation ranges from 7800 to 9800 feet. Several intermittent and perennial drainages flow northward across the property, including Cache Creek. Two small ridges parallel these drainages. One of the most notable features on the 2 • • property is a series of long rock outcrops or basalt boulderfields, visible from Interstate -70 at the Rulison exit. These rock outcrops are directly above and to the west of the proposed harvest area. According to the soil survey published by the Soil Conservation Service, the average annual precipitation for this area is 20 to 30 inches, average annual air temperature is about 40 degrees, and the frost -free period is less than 75 days. Average annual snowfall is 200 to 300 inches. D. Soils Soil information for this property was furnished by the White River National Forest. The soil type within the planned harvest area is described as the "Wetopa-Doughspon-Echemoor families complex, 5 to 40% slope". Typically, the surface layer is a dark gray silty clay loam under an aspen and forb covering. Effective rooting depth is 60 inches or more, and the depth to seasonal high water table is greater than 6 feet. Available water capacity is high, permeability is moderately slow, and runoff is moderate. Mass movement potential (landslides, debris flows, and snow avalanches) for this soil is low. Suitability for cut and fill slopes and improved unsurfaced roads is moderate due to fine grained material and low load bearing strength. Revegetation limitations are slight, since aspen regenerates naturally. E. Wildlife The aspen forests within the proposed harvest area provide important habitat for many species of wildlife. Wildlife sign noted on the property includes that of elk, mule deer, black bear, coyotes, porcupines, rabbits and other small rodents, and a variety of birds. The area seems especially well suited to raptors, as several red-tailed hawks were continually spotted in the same area. The riparian areas are well suited to beavers, with a good food source and running water. Old evidence of beaver dams can be seen in the major drainages, but no recent activity was evident. In the Rocky Mountains, the range of aspen coincides almost exactly with the range of elk; aspen is obviously a preferred habitat for this species. According to local Division of Wildlife personnel, this property is well suited as "transitional" range for elk, since it is too high for winter range and probably not high enough for true summer range use (Will, pers. comm.). As transitional range it is important as elk calving grounds, with the readily available forage under aspen, the cover of nearby dense fir stands above, and the available water from Cache Creek 3 • • and its tributaries. The property is also seen as important summer range for deer. An important concept in wildlife habitat is diversity. It is widely recognized that a diversity of vegetation supports a variety of wildlife species, with higher densities of each species. Many big game species, especially, prefer this "edge effect" or diversity within their habitat. The ideal cover to forage ratio for a given area is 40% cover to 60% forage. On this property, the ratio is currently about 95% cover to 5% forage. Cache Creek and several other streams on the property have year- round running water. However, the flow is reduced to little more than a trickle in late fall, and the streams are probably not capable of fish habitat in their current state. According to the Division of Wildlife, these streams might be able to support some small fish like Brook trout, if some ponds were present. There are no known endangered plants or animals inhabiting the area. Occasional use by bald eagles is possible. Planned activities would not cause any significant adverse impacts. F. Timber Types As determined by aerial photo imagery, approximately 898 out of the 960 total acres of the property are forested. Pure aspen stands cover about 340 acres; mixed stands of Subalpine-fir, Engelmann spruce, and aspen occupy about 558 acres. The various vegetative types are shown on the Vegetation Type Map in the Appendix, and are explained in more detail in the following sections. ASPEN Aspen is the most widely distributed tree in North America. It typically grows on all aspects and slope positions in the Rocky Mountains and is associated with montane and subalpine ecosystems between 7,000 and 11,500 feet elevation. Productivity and development of aspen in the Rockies is largely dependent upon available water; typical aspen sites receive between 16 and 40 inches of precipitation per year (DeByle, 1985). This is especially evident on this property, where oak brush on the lower slopes slowly gives way to aspen as the elevation and available water increases. Aspen is normally a seral, or temporary, species and an aggressive invader following fire, avalanches, beaver activity in riparian areas, or major disturbances in coniferous stands. It is likely that the aspen on this property is the direct result of fires that occurred in the area 100 to 150 years ago. Generally, 4 • aspen will be slowly "invaded" over time by more shade -tolerant conifer species like spruce or fir. Aspen is relatively short- lived (clones over 120 years old are rare), and is difficult to maintain in any particular stand condition for a long period of time. Aspen is a clonal species, with many stems growing from the same parent root system; thus all members of a clone are genetically identical. Even in conifer stands with only a few aspen stems remaining, the aspen can be regenerated successfully if the root system is healthy and intact. Aspen reproduces almost exclusively by suckering, where a number of stems are produced by sprouting from the single parent root system. This sprouting response is intensified by complete removal of the overstory, which will stimulate the root system to sprout. It is this characteristic that is most important in aspen management; in order to attain adequate regeneration, clearcutting or patch -cutting is the best method to use. The aspen clones on this property are fairly typical of Colorado aspen. It is evident from the timber cruise that the aspen clones vary considerably in size, productivity, and density of the timber. The differences are the result of different growing site characteristics, as well as how much time has elapsed since the clone was established. Overall site productivity can best be compared by looking at the Site Index, a correlation of age and height. The lower elevation, drier sites generally have a lower site index; even though trees will attain good diameter growth, height growth is usually sacrificed on these poorer sites. The proposed aspen timber sale areas have only been partially cruised. Available data is shown below for some of the cutting units. Before the sale is finalized, all cutting units will be cruised to at least ± 10% accuracy. This level of accuracy is the standard for lump -sum, tree measurement sales. Please refer to the Proposed Sale Area Map in the Appendix for cutting unit locations. Sale Area Cruise (partial) Volume Volume Ave Ave Stems Ave Unit Acres Tons/Ac BdFt/Ac DBH HT BA LA= Age SI 1 8.2 149.4 16,115 10.2 80 180 320 115 68 2 10.5 70.7 7,327 9.5 56 130 265 96 54 5 11.5 52.7 4,251 9.5 53 98 199 86 56 Overall volume per acre on these cutting units is fair to excellent. The clone within cutting unit 1, in particular, has 5 • • excellent volume largely due to the exceptional height growth of the trees. Other cutting unit volumes are expected to be between 80 to 120 tons per acre. Cutting units are almost entirely aspen, with very few spruce or fir mixed in. SPRUCE -FIR The Engelmann spruce -subalpine fir forest is widely distributed throughout Colorado and generally occurs as the highest elevation forest type, normally extending to treeline. Subalpine fir is usually found in conjunction with Engelmann spruce and blue spruce, but occasionally forms pure stands. On this property, it was noted that subalpine fir is the primary species represented in the spruce -fir mix. Typically, subalpine fir is the first to invade an aspen stand, then Engelmann spruce gradually becomes established. The higher the percentage of Engelmann spruce, the older the stand. Spruce has established well within the drainages and on the higher elevations of the property. Subalpine fir was found to some degree in almost every aspen stand on the property. In places it has completely replaced the aspen and has formed a climax stand; other fir stands have a much higher percentage of aspen. As expected, some of these spruce -fir stands are considerably younger than the surrounding aspen, since the conifers are the more shade tolerant species. In other places, the spruce -fir appears as a survivor of the fires that created the surrounding aspen. The spruce -fir stands are generally dense, with a high volume per acre. Subalpine fir is not a highly valued commercial species, since the wood has a high moisture content and typically high defect from rot, and does not make good lumber. These stands make excellent thermal and hiding cover for wildlife. Spruce trees are highly regarded for sawlogs. The data below was collected from a single 50 acre stand of spruce -fir in the southeast corner of the property. It is probably representative of other spruce -fir stands. Spruce -fir Cruise Data BDFT/ CUFT/ AVE AVE BA/ AVE STEMS/ REGEN/ Species acre acre DBH HT ACRE AGE ACRE ACRE Aspen 4,980 1,142 13.8 76 40 144 38 156 Spruce -fir 21,323 4,801 12.0 75 156 151 199 860 Dead 3,050 711 11.6 73 24 - 33 - Total 26,304 5,943 12.3 76 196 150 237 1016 6 OTHER VEGETATION About 21 acres of the property are covered with oakbrush. This is commonly a mixture of oak, serviceberry, and snowberry. There are also approximately 19 acres of small parks or grasslands scattered across the property. The remaining 23 acres are boulderfields. II. Proposed Silvicultural Treatments A. Objectives The long term objectives for the property, as expressed by the landowner, are as follows: • To improve the wildlife habitat, especially for elk. • To improve the grazing capacity for cattle. • To provide revenue through a commercial timber sale. • Possible future ski area development. B. Aspen Harvest A commercial aspen harvest is planned for the property in order to meet several of the landowner's objectives. Patch -cutting of mature aspen in 5 to 20 acre cutting units is proposed. As discussed in section F above, clearcutting is the preferred silvicultural method used to regenerate aspen. A regeneration cut will have the additional benefits of improved wildlife habitat, increased available forage for livestock, and will provide a positive cash flow to the landowner as well as improving vehicle access to the area. Potential impacts of the proposed harvest are discussed more thoroughly in Section VI of this plan. Aspen cutting units have been selected based on merchantability, operability, and stand condition. Older, more decadent stands with signs of obvious decay were selected, as well as stands that had the best site potential. Younger, more vigorous stands were retained, as well as stands growing on more marginally productive sites. Size of cutting units varies from 7 to 16 acres. A total of 75 to 100 acres will be selected for cutting in the initial sale, out of the 340 acres of aspen available on the property. Cutting units have been located so as to provide a mosaic pattern, maximizing the edge effect and leaving uncut strips between units and leave islands within units. Refer to the Proposed Sale Area Map in the Appendix for location, size, and shape of cutting units. 7 • The following guidelines should be followed for aspen patchcuts: • The boundaries of all cutting units will be well marked with paint. This will ensure irregular borders for maximum edge effect, provide area control for acreage and volume determination, and ensure that silvicultural objectives are being followed. • A11 stems should be cut within cutting units in order to maximize aspen regeneration, decrease slash loads, and prevent damage to the root system. Exceptions should be marked leave islands. • If aspen sprouting following cutting becomes so profuse as to limit cattle movement and forage production, the landowner may take subsequent actions to limit aspen regeneration. • Harvest should be by whole tree skidding of merchantable logs. All material that is at least 6" diameter at the small end and 50% sound should be removed from the cutting unit. Remaining slash within the sale area should be lopped and scattered to less than 18" height. Slash within cutting units will thus be kept to a minimum. Landing slash should be piled and burned when conditions allow. • Stump heights should not exceed 8" on the uphill side. • Patch -cuts should be located so as to avoid wet areas, seeps, and skidding over live or intermittent drainages Perennial streams should have a buffer of at least 75 feet on each side of the high water line, where no heavy machinery is allowed to operate. • Harvesting operations should be limited to either summer or winter, avoiding the wet seasons in spring and fall. • Perennial streams will have a buffer zone of at least 75 feet on each side of the high water line. Heavy equipment is excluded from this zone. Within this zone, felling and tree removal will be allowed only by directional felling and winching of trees up from (not across) the riparian area. C. Spruce -fir Harvest Future harvest of spruce -fir stands on the property will be done either by patch -cutting, group selection, or the shelterwood method. Patch -cutting should be used where there is an aspen component within the stand that has a viable root system, in order to regenerate aspen. Group selection and shelterwood systems should be used where aspen is no longer a component in the stand. This plan covers only the aspen timber sale as 8 1 • outlined above. Harvest of spruce -fir on the property is possible after the initial aspen sale is completed, and will be addressed through an addendum to this timber harvest plan. III. Proposed Harvest Systems A. Logging System It is anticipated that conventional tractor skidding will be used on the initial aspen harvest. Rubber tired skidders are recommended to reduce damage to the aspen root system; these can be either grapple or cable skidders. It is also anticipated that a tree shear will be used for felling trees. The shear can be either track -mounted or rubber tired. Hand felling may also be used. In any case, the trees should be whole tree skidded to reduce the slash load within the cutting units. Winter logging has definite resource protection advantages, but may not be economically feasible due to snow removal costs. B. Hauling System The existing road system is described in Section I.B, above. The expected haul route will be: Road Section Surface Milage Top of sale area to County Road 301 dirt 5.2 County Road 301 gravel .6 County Road 301 to County Road 309 paved 1.5 County Road 309 to County Road 320 paved 1.5 County Road 320 to County Road 323 paved 2.5 County Road 323 to I-70 Rulison Exit paved .5 Total Milage to I-70 11.8 Currently, the driveable road ends in the large grassy park in the SE corner of landowner's 160 acre parcel in section 20. An old road continues south from this point across a quarter mile section of the White River National Forest and then enters landowner's private property and continues south. The existing road will be improved across the WRNF lands and a new road, entirely on the landowner's property, will be constructed to access the cutting units. The new road construction required to access the aspen timber sale is shown on the Proposed Timber Sale 9 • • that additional aspen harvest in this area will be an adjunct to harvesting of spruce -fir stands. Subsequent sales in the spruce - fir timber type on this property will be evaluated as a separate project from this initial aspen sale. Only about 5-6 months of the year are typically available for logging. Seasonal shut -downs of work are anticipated for spring runoff in April -June, elk calving season in June, and possibly for the big game hunting seasons in October and early November. Heavy snows typically limit logging operations from January 1 to the end of March. Logging and hauling are least damaging in the early to mid winter months of November and December, when the ground is frozen and before snow removal costs are prohibitive. VI. Potential Impacts and Planned Mitigation A. Soil and Water Resources The proposed treatment will improve the watershed value of the area with increased yields of one-third to one-half acre-foot of water for each acre of aspen treated . The increased water collection will provide benefits for ten to twenty years as the aspen forest rapidly regrows (DeByle, 1985). Any increased sediment production may be attributed to poor road design rather than aspen treatment. The matted root system and vigorous sprouting of a regenerating aspen stand ensure soil stability on the moderate slopes planned for treatment. Water degradation is unlikely with the proposed treatment. Logging operations or road building on unstable soils with high mass movement potential could trigger surface displacement associated with steep slopes. There is no history of slumping, mass movement, or known indicators of unstable soils in the proposed sale area. Available soils information for the area indicates that mass movement potential is low, and slopes within the sale area are well below 40%. Logging and road construction have been carefully planned to avoid steep slopes, wet areas, or suspected unstable soils. Mitigation measures will include prompt revegetation of disturbed Areas, road drainage systems with proper culvert placement, and stabilization of cut/fill slopes. B. Recreation and Aesthetics Since the sale area is located on private lands, public recreational opportunities are not available. The proposed timber sale will improve the vehicle access for the landowner or any hunters allowed on the property. Elk and deer may be temporarily 11 • • displaced from the area during logging and hauling operations. Mitigation will involve shutting down harvest operations during the elk calving season in May and June, and also during the fall big game hunting seasons in October and early November. Parts of the sale area are visible (at a distance of about 8 miles) from Interstate highway 70. The area is low -slope, background scenery from the Interstate. The size and shape of the cutting units will duplicate natural, existing openings nearby. Aspen regeneration will quickly provide a forested landscape within a few years. Experience in San Miguel county has shown that visitors cannot distinguish between natural and recent openings created by aspen harvesting, if the openings have irregular edges. C.`Wildlife Habitat and Range Values One of the main objectives in treating the aspen on the property is to improve the elk and deer habitat. As mentioned previously, the proposed timber sale will help create optimum feeding and cover requirements for these big game as well as a variety of other wildlife species. The aspen sprouts and associated herbage that invade clearcuts are heavily used by elk herds. These openings have been designed for adequate regeneration to accommodate heavy elk impact without jeopardizing formation of new aspen stands. Layout of openings using irregular perimeters and leave islands in the larger cutting units will also increase wildlife utilization. These openings will create a diversity of age classes in the aspen on the property. Such forest stand age diversity greatly benefits a wide variety of wildlife. Immediately following an aspen harvest, understory vegetation may increase by 300 to 400 pounds per acre over pre-treatment levels, due to reduced competition from the aspen overstory (Johnston, 1985). Most of this increase is in grasses and forbs that are palatable to cattle and other grazers. This increase is relatively short-lived; within 5 years, the area will usually be producing about the same amount of forage as before harvest. The aspen cutting units are expected to sprout vigorously following harvest. Aspen sprouting is variable, depending on the aspen clone genetics, parent aspen stand age and condition, climate, and soil conditions. Research indicates between 15,000 to 50,000 aspen sprouts per acre is typical within two years of harvesting. Movement of wildlife and domestic livestock may be reduced through thick sapling stands. Fortunately, aspen self -thin, beginning at an early age. A 50 to 75% reduction in density is typical within a few years. Aspen is 12 • very intolerant of shade, and those aspen suckers that fall behind in growth are quickly overtopped by surrounding stems. D. Fire Protection As with all private land in Colorado, responsibility for fire control on this property ultimately lies with the County Sheriff. The property is outside of any local fire protection district. The nearest fire district is Rifle, one mile north. The entire parcel is within a mile of US Forest Service land, thus it is within a mutual aid zone for the first burning period. Initial response to a wildfire on the property would likely be by the Rifle Fire Protection District and US Forest Service personnel. Following the initial burning period, the Garfield County Sheriff, assisted by the Colorado State Forest Service, would have to determine the resources needed to control a fire, and how to pay for them. The aspen timber type is typically low in fire hazard. Aspen timber does not readily burn; fires are usually confined to the ground vegetation and are of low intensity. Cache Creek and its tributaries offer easy access to water for firefighting in many places on the property. The proposed timber sale activity on this property will increase the risk of fire somewhat due to the operation of chainsaws and heavy equipment. The risk will be mitigated by requiring operational spark arrestors on all chainsaws, and by requiring a minimum of one shovel and one fire extinguisher for each piece of equipment on the sale. Improving the road will also improve the access for firefighting vehicles, not only on this property but on surrounding lands. The presence of heavy equipment such as bulldozers and skidders to suppress a fire, whether natural or man -caused, is beneficial. A timber sale agreement will specify that contractors working on the property are liable for the cost of suppressing any wildfire that they start. The sale agreement will also specify that the landowner may shut down operations if the fire danger is high. E. Impact on Neighboring Landowners and Communities Land in close proximity (within a mile) to this property is entirely undeveloped. The proposed on-site logging activity is not expected to impact neighbors at all. There will be a short term increase in traffic along the proposed haul route on Holms Mesa, with a resultant increase in noise and some dust along a 1/2 mile section of gravel road. Creation of road dust along the proposed haul route may impact one resident. Mitigation will include water or dust control chemicals and prevailing natural winds away from the house. If dust impacts become a problem further mitigation by limiting the number of loads per day and/or the speed of haul trucks may be necessary. 13 • • There is currently a strong market for aspen products in the area. The US Forest Service is the main supplier of timber in this region, and aspen sale offerings by the Forest Service have dropped dramatically in recent years. Harvest of timber on the property will help support the local timber industry and will create jobs for logging contractors, truckers, and mill workers in local communities. VII. Enforcement of Timber Harvest Plan Enforcement of on-site logging operations will be the responsibility of the landowner, or an agent designated by the landowner as sale administrator. A Forest Products Sales Agreement shall govern the sale of timber, and will cover items such as sale period, payment terms, performance bonds, damage penalty, performance standards, and arbitration. A sample copy of a standard sale agreement is included in the appendix. Enforcement of permits required for hauling logs on US Forest Service land, county roads, or state highways will be the responsibility of the appropriate jurisdictional agency involved. 14 VIII. References 1. Davidson, Dennis: District Conservationist, U.S. Department of Agriculture, Soil Conservation Service; personal communication. 2. DeByle, Norbert V., and Robert P. Winokur, editors. 1985. Aspen: Ecology and Management in the Western United States. USDA Forest Service General Technical Report RM -119, 283 p., Rocky Mountain Forest and Range Experiment Station, Fort Collins, CO. 3. Harman, Jerry B., and Donald J. Murray. 1977. Soil Survey of Rifle Area, Colorado. U.S. Department of Agriculture, Soil Conservation Service. 149 p. 4. Johnston, Barry C.. 1985. Examples of Aspen Treatment, Succession, and Management in Western Colorado. USDA Forest Service, Rocky Mountain Region. 164 p. 5. Will, Perry: District Wildlife Manager, Colorado Division of Wildlife: personal communication. 15 SAVAGE PROPERTY Xy 04 LA 31 11 Property Location Map I FR R scale: 1/2 " = 1 mile RLBUR _!!•), �n �'l e R �// EmmeUonI!Fj* � 11 a\,, a II ryi 1 31 RIVER North Cne(-NEEP reEE, s e3lV, R1K,I6 • FOF ES €�_ 6 Cre • SMI El Oil Shale • Norse I r=: • • SAVAIT 'R^�- RTY Vegetation Type Map scale = 1:24,000 Key: x x x x < x x x XXXX X XyXJ Aspen Spruce -Fir ❑akbrush Meadow x X x x x x X X x x x x x x x x X x x X X X x x XXX XX XXXXXX x x XXX x XX x XX XXX XXX x x XXX x x x x XX XXX XXX x XXXXXXXXX XXXXXXXX x XXXXXXXX )< X )< XX x XX XXXXXXXXX XXXXXX x XX XX x x x x XX XXXXXX x x XXXXXXX XXXX x X XXX XXXXXX x x x x x x x XXXX x x XX XX x XXX x x x x XXX XXXXX X X X X X K x XXXX x x x XX x XXXX x x x XX x XXX x x x x XX XXXX x x' ' X XX XX XXX XX x x dock 4 • • SAMPLE FOREST PRODUCTS SALES AGREEMENT SALE NUMBER THIS AGREEMENT, made this day of , 19_, by and between who resides at hereinafter referred to as the LANDOWNER, and whose place of business is , phone , hereinafter referred to as the PURCHASER. AGENT DESIGNATION: The Colorado State Forest Service, Grand Junction District, is designated as Sale Administrator for the purposes of overseeing on- pite logging operations, payments, and compliance with other contract specifications, and has power-of-attorney for these purposes. RIGHT TO SELL: The LANDOWNER warrants that he/she is the owner of, and has the authority to sell the forest products covered by this agreement from the property located at: section , township , range principal meridian, County, Colorado. SALE LOCATION: The boundaries of the sale area are marked as follows: Cutting units are marked with double blue horizontal paint marks facing into cutting units, as set forth in Exhibit , which is attached hereto and incorporated herein, the same as if set forth in full. -SALE PERIOD: The effective dates of this agreement will be from to , inclusive, and may be extended by mutual agreement of both parties per AGREEMENT MODIFICATION section. ACCESS: The LANDOWNER grants to the PURCHASER access to the above described property for the purposes of this agreement. Access will be via DESCRIPTION OF PRODUCT SOLD: PRODUCT NUMBER SOLD UNIT UNIT PRICE PRODUCT VALUE • TOTAL SALE VALUE $ PRODUCT DESIGNATION: The products sold are designated in the following manner: Any cutting outside the designated areas will constitute a breach of this agreement and will immediately terminate this contract. VOLUME DETERMINATION: The sale volume is to be or has been determined in the following manner: This is a lump sum sale. There is no stated or implied guarantee of recovery by the PURCHASER. Volume determination was done by the Colorado State Forest Service using accepted timber cruising techniques and tables for this region. The cruise was done to a ±10% limit of error using standard statistical sampling techniques. PAYMENT TERMS: Prior to harvesting or removing any forest product from a cutting unit the PURCHASER shall pay for, in advance, for the estimated volume in that unit at the agreed upon rate ($ ). Acceptable methods of payment are cash, or certified funds. All slash treatments and other provisions of this agreement will be fulfilled prior to the PURCHASER receiving approval from the Sale -Administrator to pay for and move into another cutting unit. In all cases the PURCHASER shall pay for the estimated volume in each cutting unit prior to beginning cutting in that unit. The LANDOWNER guarantees the PURCHASER exclusive rights to the timber within designated cutting units on the property described in Exhibit A, as long as the provisions of this agreement are being followed. PERFORMANCE BONDS: A performance bond in the amount of ($ 20% of total sale value) shall be deposited by the PURCHASER upon signing of this agreement. The bond shall be in the form of cash or certified funds. The bond shall be used, in part or in full, to correct deficiency in any work not completed to agreement specifications. The bond or its balance will be released to PURCHASER promptly upon satisfactory completion or termination of this agreement. • • DAMAGE PENALTY: The PURCHASER shall conduct all operations in a workman -like manner, and shall take necessary precautions to protect the remaining forest stand. Excessive damage to the remaining forest, as determined by the Sale Administrator, or the removal of undesignated products will be paid for at the rate of $10.00 per tree. PRODUCT OWNERSHIP: Change of ownership of the purchased products covered by this agreement occurs when logs leave the LANDOWNER's property. PERFORMANCE STANDARDS: Existing roads will be used whenever possible. Additional roads, skid trails, landings and decks that are required will be approved in advance, and located, constructed, and rehabilitated as required by the sale administrator. All roads and trails will be maintained by the PURCHASER in their original condition. Care will be taken to maintain drainage necessary to prevent erosion prior to and during hauling of products. All permanent improvements installed as a part of this agreement will remain the property of the LANDOWNER. Stumps will be cut as close to the ground as possible but in no circumstances will the stump height exceed eight inches as measured on the uphill side. Slash shall be lopped and scattered to a height not to exceed 18 inches. All forest products that are at least 100 inches long and four inches in diameter inside the bark on the small end, and fifty percent sound -shall be removed from the property by the PURCHASER. The PURCHASER will take all necessary precautions to prevent damage to improvements on the property of the LANDOWNER. If damage occurs to any improvement the PURCHASER will restore the improvement to its original condition and will bear all costs associated with the repair. The PURCHASER will exercise all possible precautions to prevent wildfire, and shall assist in the suppression of any fire that is on or threatening the property of the LANDOWNER. During the fire season the PURCHASER will have the following firefighting tools located on the sale site: one shovel for each worker on the site, and one fire extinguisher for each chainsaw and motorized equipment on the site. All motorized equipment will be equipped with an operational spark arrester. The PURCHASER shall bear the cost of suppression and damages caused by fire starting as a result of any action of the PURCHASER, including those of its employees, agents, contractors, and subcontractors. • • This agreement may be modified in writing by mutual consent of both parties. ARBITRATION CLAUSE: In case of a dispute over the terms of this agreement both the LANDOWNER and the PURCHASER agree to accept the decision of a three- person arbitration board as final. The LANDOWNER and the PURCHASER will each select one person for the arbitration board, with the selected people selecting the third person to form the board. Decision by majority of such arbitrators will be made within fifteen days and shall be binding on the LANDOWNER and the PURCHASER. HOLD HARMLESS: rhe PURCHASER shall indemnify and save harmless the LANDOWNER against all suits or actions of every kind and nature brought against the LANDOWNER 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 agreement, or by any consequence of any negligence in connection with the same, or on account of any act or omission or commission of the PURCHASER 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 agreement. The LANDOWNER shall indemnify and save harmless the PURCHASER against all suits or actions of every kind and nature brought against the PURCHASER 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 LANDOWNER'S obligations under this agreement, or by any consequence of any negligence in connection with the same, or on account of any act or omission or commission of the LANDOWNER 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 agreement. BINDING ON HEIRS: The terms and conditions of this agreement shall be binding upon the heirs, executors, administrators, or successors and assignee of either party. LANDOWNER DATE PURCHASER DATE 01/11/99 23:01 FAX 9706250803 JOHN W SAVAGE PC ZO2 • • JOHN W SAVAGE, P.C. ATTORNEY AT LAW THE RIFLE HOUSE 201 RAILROAD PO. BOX 1926 RIFLE, COLORADO 81650 January 12, 1999 PHONE: (970) 625-1470 FAX: (970) 625-0803 Mr. Mark Bean Garfield County Planning Dept. 109 8th St., Ste. 303 Glenwood Springs, CO 81601 Re: Application to Amend Special Use Permit, Resolution No. 94-111 Applicant: Joan L. Savage Activity/location: Timber Harvest, Cache Creek Dear Mr. Bean: Enclosed are five copies of Joan L. Savage's Application to Amend her Special Use Permit for commercial logging on Cache Creek. We request that this amendment request be handled expedi- tiously. The time periods when log hauling on these roads is feasible are limited and we -hope to not miss this winter season, which may be shorter than normal. Please request that the County Commissioner's hear this re- quest directly, rather than referring it to the P&Z commission. Thank you for your assistance. Please give me a call if any additional information is needed. Please call when the date of public hearing has been set so that we can comply with the notice requirements. Enclosures xc: w/encl: Joan L. Savage t my yours, i h W. Sava SPECIAL USE PERMIT BOND Permit Holder: Joan L. Savage Resolution No. 94-111 Cache Creek Timber Harvest Bond No.: FS 3 97 45 47 COPY KNOW ALL MEN BY THESE PRESENTS, That the Undersigned Joan L. Savage, as Principal, and GREAT AMERICAN INSURANCE COMPANY as Surety are held and firmly bound unto GARFIELD COUNTY, Colorado as obligee in the penal sum of TWO HUNDRED TWENTY-FIVE THOUSAND AND OO/100—($225,000.00)—DOLLARS for the payment of which, well and truly to be made the said Principal and the said Surety, bind themselves, their heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, the Principal has obtained a Special Use Permit for natural resource extractions (commercial logging operation); and WHEREAS, said Special Use Permit requires Principal to provide financial security based on the number of County Road miles traveled by log hauling trucks. NOW, THEREFORE, if the principal shall faithfully perform its duties under the terms of the permit, then this obligation shall be null and void, otherwise to remain in full force and effect. PROVIDED, that if the Surety shall so elect, this bond may be canceled as to subsequent liability by giving (30) days notice in writing to both the Principal and Obligee. IN WITNESS WHEREOF, the Principal and Surety have hereunto set their hands and seals on the dates set forth below. Date: / Z/7 ncipal, Joan L. SaW. , :ge, by John Savage, Attorney n fa y GREAT AMERICAN INSURANCE COMPANY Date: DECEMBER 11, 1998 Surety s ,r UFFMAN , Attorney in fact r GOfANE[t1CA1V INSURANCE ftMPANY 580 WALNUT STREET • CINCINNATI, OHIO 45202 • 513-369-5000 • FAX 513-723-2740 The number of persons authorized by this power of attorney is not more than No. 0 13678 EIGHT POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS: That the GREAT AMERICAN INSURANCE COMPANY, a corporation organized and existing under and by virtue of the laws of the State of Ohio, does hereby nominate, constitute and appoint the person or persons named below its true and lawful attorney-in-fact, for it and in its name, place and stead to execute in behalf of the said Company, as surety, any and all bonds, undertakings and contracts of suretyship, or other written obligations in the nature thereof; provided that the liability of the said Company on any such bond, undertaking or contract of suretyship executed under this authority shall not exceed the limit stated below. Name Address Limit of Power ROBERT A. BALLIN MARGARET HUFFMAN ALL OF ALL RAY PAIEMENT LARRY C. BUCK EUGENE, UNLIMITED FRED.E. GREATWOOD STEVEN J. HANSON OREGON PAT CELLERS BEVERLEY VERBANIC his Power of Attorney revokes all previous powers issued in behalf of the attorney(s)-in-fact named above. IN WITNESS W HEREOF the GREAT AMERICAN INSURANCE COM PANY has caused these presents to be signed and attested by its appropriate officers and its corporate seal hereunto affixed this 3rd day of April , 19 96 Attest GREAT AMERICAN INSURANCE COMPANY STATE OF OHIO, COUNTY OF HAMILTON — ss: On this 3rd day of April, 1996 , before me personally appeared GARY T. DUNBAR, to me known, being duly sworn, deposes and says that he resided in Cincinnati, Ohio, that he is the President of the Bond Division of Great American Insurance Company, the Company described in and which executed the zbove instrument; that he knows the seal; that it was so affixed by authority of his office under the By -Laws of said Company, and that he signed his name thereto by like authority. This Power of Attorney is granted by authority of the following resolutions adopted by the Board of Directors of Great American Insurance Company by unanimous written consent dated March I, 1993. RESOLVED: That the Division President, the several Division Vice Presidents and Assistant Vice Presidents, or any one of them, be and hereby is authorized, from time to time, to appoint one or more Attorneys -In -Fact to execute on behalf of the Company, as surety, any and all bonds, undertakings and contracts of suretyship, or other written obligations in the nature thereof, to prescribe their respective duties and the respective limits of their authority; and to revoke any such appointment at any time. RESOLVED FURTHER: That the Company seal and the signature of any of the aforesaid officers and any Secretary or Assistant Secretary of the Company may be affixed by facsimile to any power of attorney or certificate of either given for the execution of any bond, undertaking, contract or suretyship, or other written obligation in the nature thereof, such signature and seal when so used being hereby adopted by the Company as the original signature of such officer and the original seal of the Company, to be valid and binding upon the Company with the same force and effect as though manually affixed. CERTIFICATION 1, RONALD C. HAYES, Assistant Secretary of Gre American Insurance Company, do hereby certify that the foregoing Power of Attorney and the Resolutions of the Board of Directors of M• h I, 1993 have not been revoked and are now in full force and effect. Signed and sealed this /7 SI029P(4 911 day of , 19 9y 411 JOHN W. SAVAGE, P.C. ATTORNEY AT LAW THE RIFLE HOUSE 201 RAILROAD P.O. BOX 1926 RIFLE, COLORADO 81650 December 16, 1998 Mr. Mark Bean Garfield County Planning Dept. 109 8th St. Glenwood Springs, CO 81601 Re: Joan L. Savage Special Use Permit Expired Letter of Credit Dear Mark: PHONE: (970) 625-1470 FAX: (970) 625-0803 Now that we have supplied a new bond for our timber harvest Special Use Permit it becomes imperative that the ORIGINAL ex- pired Regional Bank Letter of Credit be returned. We cannot get the Deed of Trust that secured that Letter of Credit released un- til the original Letter of Credit is returned to the bank. Your assistance in this matter would be greatly appreciated. xc: Don Deford, County Attor q141-1/9tPt 142e,6- 41,S144- D EC 1 , 1998 FEB -24-1999 07:33 FROM GARFIELD CO ROAD 2. BRIDGE TO LIM IUUL.S • _ _ - -- 94513771555 P.01 f ,7� Zoe �. L, pe w.. x/ 0. '7'' t 1,d 7-0301 .. cO '-o 3z3 Rir h ,va-r 44) Z t.. !'rc'1,1 }cr,re 0 A 3o/ czi jot 3 por'1G*, Te 3o 9 Pel, •7 Mt',6'4lien deb, ►Q -9e tth' ' �rde 7' £'d 30' IDA" A 2n t§hd/,1efr, cia1;'aa.9E 142-57-.$ L • oif(• 70 low! )3 pi, LA014eh c a-rta.,9e ,de. d ied. 2'60' /c,,g z • at r _ a.0 icfe p Ola- .9 e, ea -sr Sri .- orf rA 30 2.2. m 1'. -S40/4 e_}. sil 5`T Side of led . Z v /.- - s 3o' Loorv� 3 07 RA ea -et ire n'.. 3L,)pi; bdrii Se de s o f Rd, 2d 'h p et"TH Scde o.f' fid, . b .c0�3 i J� M t S �, d ld a ie c�4. /►i a.. � � _ N .3Zo Rd 9014,3 �_r�d � 1'c 3z3 Rd• filo cio-AA. - le. "1"o Y'va•,4, a.d. wed 5 & 1►'a.d eci W k e;v ro i s of 1 Q "'r r oa d z3 'd 5'o/it.,3 por` o ii too.,) dr, t Z ,e do, rnct,3e 1-o Yoo.A .1'4 Log `t'rQtK s cL F e perire fired 1--e hort f k e a<' S ho I d r S a. V e a-5 hey - a, t 'cd'c hack o , fes. 23, 1974 4f � Q -ss es e ci baa d d a -one_ Peg n. --f ) i (t LePtd se, ota- j o r 'o 1d eia,in g, 3 c - . -feel 'f moi' -go 1 i't f s }" 8 S h. e id co,,s i den vs/e*•di*.#9 Lai hwc'/' .-j s )' e Q.4 it% 4o, rs w ke 1) ?-0a.41 is SZ// FY0 z e. r9"s ?`�� -ftoS - is et-bn,e•7 7''Q LAS -2' f c/ 1 Aa. ! 4,s u"I,ij7'f, 6 Gh ac.Kcc I )'. pied'th r e -s ©4' 4,14.1.0._. a cti„.a,S- TOTAL P.01 THE RIFLE HOUSE 201 RAILROAD P.O. BOX 1926 RIFLE, COLORADO 81650 June 21, 1999 JOHN W. SAVAGE, P.C. ATTORNEY AT LAW ? z‘610 At, w/ GEoF_L,-?A Mr. John Barbee Garfield County Planning Dept. 109 8th St., #303 Glenwood Springs, CO 81601 CERTIFIED MAIL, RETURN RECEIPT REQUESTED Re: Special Use Permit Res. No. 99-064/94-111 Applicant: Joan L. Savage Activity/location: Timber Harvest, Cache Creek Our file No.: 017.004 (GARCO SUP) Dear John: PHONE: (970) 625-1470 FAX: (970) 625-0803 Enclosed is the Special Use Permit Bond required by Resolu- tion No. 99-064. This Bond supersedes Special Use Permit Bond No. FS3974547 for Resolution No. 94-111. Please return Bond No. FS3974547. Enclosure xc: w/encl: Joan L. Savage Roy Savage • • RECEIVED JUN 2 2 Ag99 RE SPECIAL USE PERMIT BOND Bond No.: Resolution No. 99-064 Cache Creek Timber Harvest FS 3 97 44 62 KNOW ALL ME BY THESE PRESENTS, That the Undersigned INTERMOUNTAIN RESOURCES , LLC as Principal, and Great American Insurance Company, as Surety are held and firmly bound unto GARFIELD COUNTY, Colorado as obligee in theenal sum of TWO HUNDRED NINETEEN THOUSAND FIVE HUNDRED AND NO/100 ($219,500.00) For the payment of which, well and truly to be made the said Principal and the said Surety, bind themselves, their heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, the Principal has obtained or been assigned a Special se Permit for natural resource extractions (commercial logging operation); and WHEREAS, said Special Use Permit requires Principal to provide financial security based on the number of County Road miles traveled by log hauling trucks. NOW, THEREFORE, if the Principal shall faithfully perform its duties under the terms of the permit, then this obligation shall be null and void, otherwise to remain in full force and effect. PROVIDED, that if the Surety shall so elect, this bond may be canceled as to subsequent liability by giving (30) days notice in writing to both the Principal and Obligee. IN WITNESS WHEREOF, the Principal and Surety have hereunto set their hands and seals on the dates set forth below. Great American Insurance Company s,` ,kk t r; S...... ,ret. `_sier'• ' •• . •'', �: • M. Bare uffman / Attorney in fact '-,, i ,olnIS BND S'PERSEDES SPECIAL USE PERMIT BOND #FS3974547, ISSUED BY GREAT ""'_"° .-AMERI AN INSURANCE COMPANY EFFECTIVE DECEMBER 11, 1998, FOR JOAN L. SAVAGE. Date: ei7,z /7 /999 Date: JUNE 7, 1999 • • G EAT ANERICCN INSURANCE COMP 580 WALNUT STREET •CINCINNATI, OHIO 45202 • 513-369-5000 • FAX 5113-723-2740 The number of persons authorized by this power of attorney is not more than SIX POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS: That the GREAT AMERICAN INSURANCE COMPANY, a corporation organized and existing under and by virtue of the laws of the State of Ohio, does hereby nominate, constitute and appoint the person or persons named below its true and lawful attorney-in-fact, for it and in its name, place and stead to execute in behalf of the said Co piny, as surety, any and all bonds, undertakings and contracts of suretyship, or other written obligations in the nature thereof; provided that the ability of the said Company on any such bond, undertaking or contract of suretyship executed under this authority shall not exceed the limit st ed below. Name Address Limit of Power N4 0 13678 ROBERT A. BALLIN RAY PAIEMENT MARGARET HUFFMAN LARRY C. BUCK STEVEN J. HANSON BEVERLEY VERBANIC ALL OF ALL EUGENE, OREGON UNLIMITED This Power of Attorney revokes all previous powers issued in behalf of the attorney(s)-in-fact nam d above. IN WITNESS WHEREOF the GREAT AMERICAN INSURANCE COMPANY has causedthese resents to be signed and attested by its appropriate officers and its corporate seal hereunto affixed this 2nd day of Feb uary , 1999 Attest GREAT AMERICAN INSURANCE COMPANY STATE OF OHIO, COUNTY OF HAMILTON — ss: On this 2nd day of February, 1999 , before me personally appeared DOUGLAS R. BOWEN, to me known, being duly sworn, deposes and says that he resided in Cincinnati, Ohio, that he is the Vice President of the Bond Division of Great American Insurance Company, the Company described in and which executed the above instrument; that he knows the seal; that it was so affixed by authority of his office under the By -Laws of said Company, and that he signed his name thereto by like authority. This Power of Attorney is granted by authority of the following resolutions adopted by the Board of Directors of Great American Insurance Company by unanimous written consent dated March 1, 1993. RESOLVED: That the Division President, the several Division Vice Presidents and Assistant Vice Presidents, or any one of them, be and hereby is authorized, from time to time, to appoint one or more Attorneys -In -Fact to execute on behalf of the Company, as surety, any and all bonds, undertakings and contracts of suretyship, or other written obligations in the nature thereof; to presc`ibe their respective duties and the respective limits of their authority; and to revoke any such appointment at any time. RESOLVED FURTHER: That the Company seal and the signature of any of the aforesaid officars and any Secretary or Assistant Secretary of the Company may be affixed by facsimile to any power of attorney or certificate of either given for the execution of any bond, undertaking, contract or suretyship, or other written obligation in the nature thereof, such signature and seal when so used being hereby adopted by the Company as the original signature of such officer and the original seal of the Company, to be valid and binding upon the Company with the same force and effect as though manually affixed. CERTIFICATION 1, RONALD C. HAYES, Assistant Secretary of Great American Insurance Company, do hereby certify that the foregoing Power of Attorney and the Resolutions of the Board Af Directors of Mar h 1, 1993 have not been revoked and are now in full force and effect. Signed and sealed this 7 SI029S (11/97) day of • • JOHN W. SAVAGE, P.C. ATTORNEY AT LAW THE RIFLE HOUSE 201 RAILROAD P.O. BOX 1926 RIFLE, COLORADO 81650 January 12, 1999 Mr. Mark Bean Garfield County Planning Dept. 109 8th St., Ste. 303 Glenwood Springs, CO 81601 PHONE: (970) 625-1470 FAX: (970) 625-0803 Re: Application to Amend Special Use Permit, Resolution No. 94-111 Applicant: Joan L. Savage Activity/location: Timber Harvest, Cache Creek Dear Mr. Bean: Enclosed are five copies of Joan L. Savage's Application to Amend her Special Use Permit for commercial logging on Cache Creek. We request that this amendment request be handled expedi- tiously. The time periods when log hauling on these roads is feasible are limited and we hope to not miss this winter season, which may be shorter than normal. Please request that the County Commissioner's hear this re- quest directly, rather than referring it to the P&Z commission. Thank you for your assistance. Please give me a call if any additional information is needed. Please call when the date of public hearing has been set so that we can comply with the notice requirements. Enclosures xc: w/encl: Joan L. Savage my yours, h W. Sava 1 �+ t