HomeMy WebLinkAbout2.0 BOCC Staff Report 02.16.1999•
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BOCC 2/16/99
PROJECT INFORMATION AND STAFF COMMENTS
REQUEST: A re -issue of an approved Special Use Permit
for a commercial logging operation
APPLICANT: Joan L. Savage
LOCATION: A tract of land located in portions of Sections
29, 30 and 32, T7S, R94W of the 6th PM;
more practically described as a tract of land
located approximately ten (10) miles south of
Rulison, between Cache Creek and
Cottonwood Creek.
SITE DATA: 960 Acres
WATER: N/A
SEWER: N/A
ACCESS: CR 329
EXISTING/ADJACENT ZONING: A/R/RD / O/S
I. RELATIONSHIP TO THE COMPREHENSIVE PLAN
The parcel is located in "Unclassified Lands" of the Garfield County Comprehensive Plan
H. DESCRIPTION OF THE PROPOSAL
A. Site Description: The site is located between Cache Creek and Cottonwood Creek,
and is currently used for ranching purposes. The site ranges in elevation from 8,200
to approximately 9,800 feet. The area is heavily vegetated, with significant timber.
(See location map pg. eXb • )
• •
B. Project Description: The applicant is requesting a special use permit for a commercial
logging operation. The request to allow the logging of 960 acres of aspen and saw
timber on the site. The applicant describes the purpose of the operation is to "harvest
timber for commercial timber, construction of a cabin, increase livestock forage and
to increase water absorption into the soils and aquifers. Operations are proposed to
consist of road maintenance and timber harvesting of one or more crews of 5-6 men
each.
The applicant proposes to cut approximately 3.5 million board feet of saw timber and
20,000 tons of aspen. It is estimated that there will be 300 trips from the site to a
,/f4 west of Rifle. The haul route is proposed to be from a private access road
through a portion of National Forest to County Road 329 to County Road 334Dto the
Rulison or Rifle Interchange an then via frontage road or 1-70. Worker access and
related trips is estimated to be 10-20 round trips daily.
III. MAJOR ISSUES AND CONCERNS
Zoning: Site for extraction, processing, storage or material handling of natural resources are special
uses in the AfR/RD zone district. As a special use, certain requirements must be met:
5.03
(1) Utilities adequate to provide water and sanitation service based on accepted
engineering standards and approved by the Environmental Health officer shall either be in place
or shall be constructed in conjunction with the proposed use;
(2) Street improvements adequate to accommodate traffic volume generated by the
proposed use and to provide safe, convenient access to the we shall either be in place or shall
be constructed in conjunction with the proposed use;
(3) Design of the proposed use is organized to minimize impact on and from adjacent
uses of land through installation of screen fences or landscape materials on the periphery
of the lot and by location of intensively utilized areas, access points, lighting and signs in
such a manner as to protect established neighborhood character.
5.03.07
(1) An impact statement demonstrating that the application shall be designed and operated
in compliance with the applicable laws and regulations of the County, State and Federal
governments, and will not have a significant adverse effect upon:
(A) Existing lawful use of water through depletion or pollution of surface runoff, stream
flow or ground water;
(B) Use of adjacent land through generation of vapor, dust, smoke, noise, glare
or vibration, or other emanations;
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(C) Wildlife and domestic animals through creation of hazardous attractions,
alteration or existing native vegetation, blockade of migration routes, use
patterns or other disruptions.
(2) Truck and automobile traffic to and from such uses shall not create hazards or
nuisances to areas elsewhere in the County;
(3) Sufficient distances shall separate such use from abutting property which might
otherwise be damaged by operations of the proposed uses;
(4) Permits shall be granted for those uses only with the provisions that a satisfactory
rehabilitation plan for the affected land be submitted prior to commencement of such use.
5.03.08
Industrial Performance Standards: All industrial operations in the County shall comply with
applicable County, State and Federal regulations regulating water, air and noise pollution and
shall not be conducted in a manner constituting a public nuisance or hazard. Operations shall
be conducted in such a manner as to minimize heat, dust, smoke, vibration, glare and odor
and all other undesirable environmental effects beyond the boundaries of the property in
which such uses are located, in accord with the following standards:
(1) Volume of the sound generated: every use shall be so operated that the
volume of sound inherently and recurrently generated does not exceed ninety (90)
decibels, with a maximum increase of five (5) decibels permitted for a maximum of
fifteen (15) minutes in any one (1) hour, at any point of any boundary line of the
property on which the use is located;
(2) Vibration generated: every use shall be so operated that the ground vibration.
inherently and recurrently generated is not perceptible, without instruments, at any
point of any boundary line of the property on which the use is located;
(3) Emissions of smoke and particulate matter: every use shall be operated so as
to comply with all Federal, State and County air quality laws, regulations and
standards;
(4) Emission of heat, glare, radiation and fumes: every use shall be so operated
that it does not emit heat, glare, radiation or fumes which substantially interfere with
the existing use of adjoining property or which constitutes a public nuisance or
hazard. Flaring of gases, aircraft warning signals, reflective painting of storage tanks,
or other such operations which may be required by law as safety or air pollution
control measures shall be exempted from this provision;
(5) Water pollution: in a case in which potential hazards exist, it shall be necessary
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to install safeguards designed to comply with the Regulations of the Environmental
Protection Agency before operations of the facilities may begin.
5.03-12 Access Routes- All conditional uses and special uses must be provided with access routes
of adequate design to accommodate traffic volume generated by the proposed use and to provide
safe, convenient access for the use constructed in conjunction to the proposed use. The minimum
design standards shall be the Garfield County Road Specifications.
The following are the staff responses to the applicant's proposal:
5.03
(1) The proposed operation has no need for Fixed utilities; water will be hauled onto the
site for drinking purposes.
(2) The applicant has improved constructed approximately seven (7) miles of haul roads.
(see page EYb • 3 )
The haul route, as presented is acceptable, subject to final approval of the Road and Bridge
supervisor.
Overweight vehicles will be required to obtain a permit from the County Road and Bridge
Department, as applicable, prior to initiating any further activity.
(3) A timber cutting plan is currently in place.
5.03.07
(1)(a) Surface Water Impacts: The applicant has stated that there will be no use of water.
Surface r -un -off and pollution is proposed to be controlled by 50 to 100 foot selective
cut buffer zones and all roads are proposed to have adequate water bars to prevent
excessive runoff These issues need to be further defined in the timber cutting plan
with specific designs and locations for culverts, water bars and other erosion/runoff
protection measures.
(b) Impacts on Adjacent Lands: Impacts on adjacent lands are projected to be
from engine exhaust, dust, smoke from slash burning and noise from equipment.
Since the adjacent lands are public, impacts should be negligible and temporary in
terms of times.
(c) Wildlife Impacts: An elk calving ground has been identified to the northwest
No timber cutting will occur during the elk calving season. The timber cutting is
intended to improve wildlife and domestic forage values and any other negative
impacts should be temporary..
• •
(2) Truck and Automobile Impacts: In the previous comments on road issues is a
recommended haul route. Other related issues that need to be addressed are the
maximum number of haul trips per day, the days and hours of hauling. Staff would
recommend that hauling only occur Monday through Friday, between the hours of
7 a.m. to 7 p.m..
(3) Distance from adjacent property: The applicant proposed a 50 foot tree buffer on the
property boundaries
(4) Site Rehabilitation: The applicant proposes to have all timber haul roads and yards reseeded
and/or barred and stabilized to eliminate erosion. All streams will be left with a buffer of
undisturbed areas and slash will be windrowed strategically to eliminate erosion.
(5) Water Pollution: This issue was addressed in the previous comments on water use. The
timber management plan should address these issues.
Section 5.03.12
A finding of a safe access route is tied to the access agreements with the U.S. Forest
Service. A permit from the Forest Service has been acquired.
IV. SUGGESTED FINDINGS
1. That the public hearing before the Board of County Commissioners. was extensive
and complete, that all pertinent facts, matters and issues were submitted and that
all parties were heard at the meeting.
2 That the proposed special use conforms to the application requirements of the
Garfield County Zoning Resolution of 1978, as amended.
3. That the proposed land use will be compatible with existing and permitted land uses
in all directions if appropriate conditions are attached to the permit.
4. That the proposed use will comply with all applicable standards contained in the
Garfield County Zoning Resolution of 1978, as amended.
5. That for the above stated and other reasons, the proposed special use is consistent with
the best interest of the health, safety, morals, convenience, order, prosperity and
welfare of the citizens of Garfield County.
• •
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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:
EIDONRWLI
FEB 1 g iq
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'appr-.ove
the timber harvest application for the Savages with whatever
regulations apply with Garfield County for such operations.
S'ncerely,
Carl H. & Nora Ruth Bernklau
c/c John W. Savage
•
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:
FEB 1 4 1999
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 tor,approve
the timber harvest application for the Savages with whatever
regulations apply with Garfield County for such operations.
S'ncerely�_ n„
Carl H. & Nora Ruth Bernklau
c/c John W. Savage
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:
NE-30,E)TWaR
FEB 4,1999
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.:appiove
the timber harvest application for the Savages with whatever
regulations apply with Garfield County for such operations.
S'ncere�ly�
Carl H. & Nora Ruth Bernklau
c/c John W. Savage
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