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HomeMy WebLinkAbout8.0 Conditions of ApprovalCOMPLIANCE REVIEW TO: Board of County Commissioners FROM: Planning Department SUBJECT: Colorado Timber & Land Company Logging Special Use Permit, Located in Section 7, T7S, R100W DATE: 20 January, 1998 The Board will recall this operation is located on the south side of Kimball Mountain, approximately 20 miles northwest of DeBeque, at the terminus of County Road 202. The applicant proposed the operation as a pilot project, to determine the feasibility of helicopter transport of the felled timber. The helicopter was proposed to remove the timber from the location it was felled and then transport it to a drop zone, where it would be loaded on trucks, for removal along County Roads 202 and 204 and ultimately Interstate 70. This logging project was conditionally approved on September 8, 1997, encompassing all of Section 7, T7S, R100W of the 6th P.M. An approval condition attached to the permit was a requirement that the applicant's forester monitor the operation and submit a progress report detailing compliance with the timber harvesting plan, as well as all conditions of approval, prior to applying to expand the operation. See Resolution 97-85, pages -3- 7 . The applicant has submitted a Progress Report detailing the operation, which addresses the various approval conditions. See report and attachments, pages F-4 . This report addresses the following items- 1] tems: 1] 200 acres of the 400 acres proposed for logging in Section 7 have been logged; 2] Revegetation of landing areas will occur after cessation of logging, projected for July or August, 1998; 3] Property boundaries have been established; 4] Utilization has been "excellent" and stumps are an acceptable height; 5] No more than 70% of the timber has been removed, consistent with the harvest plan, with minimal damage to remaining trees; 6] Six aspen trees were approved for removal due to safety concerns; 7] Slash has remained at the site; 8] A 50 foot buffer along Kimball Creek has been maintained; 9] Wildlife surveys and locations are on-going, and will be further monitored, especially during calving season; 10] The fire hazard has been relatively low and loggers have had appropriate tools and equipment; 11] There have been no dust problems; 12] Conditions attached to all access permits have been met; 13] A road bond of $100,000 has been placed with the Road and Bridge Department; all vehicles utilized in the operation have been licensed; frequency of maintenance of county roads has not been requested; 14] No negative impacts have occurred to transport of livestock along the shared haul route. Although staff has not recently visited the site, staff has discussed the operation with the Road and Bridge Department, relative to the impact on county roads. Road and Bridge has verbally confirmed that in early December apparently disgruntled loggers cut down elm trees along County road 202, blocking the road. The Sheriff's Department investigated and confirmed that at least one tree had been felled and was eventually removed by Road and Bridge at a cost of $800. See report, pages /7 -ZD Apparently other trees have been felled and are in the County right-of-way. Removal, when completed, will likely be in excess of $1000 and staff suggests the County tax -payer not be sent the bill. To date, the Planning Department is not aware of any other complaints regarding the operation. Staff Comment: Although the applicant has submitted a report stating no negative impacts have occurred, it is obvious that at least one costly impact has. The lack of disclosure in the road situation casts doubt on the validity of the Progress Report. Aside from this situation, staff's chief concern is for drainage from the affected slopes and the potential for increased erosion. This situation should be monitored closely, especially in the spring and summer, with appropriate erosion -control measures taken. The timber harvesting plan includes methods such as adding or rebuilding drainage features, broadcast and hand -spread reseeding, monitoring and spraying of noxious weeds in the landing areas, and water bar construction. Staff suggests that at this time, the applicant's forester discuss the necessity of these erosion controls and, if necessary, how they would be provided. If all questions concerning this logging operation are satisfactorily answered, then application for additional logging may be made. Staff has had preliminary discussions with the applicant's agent regarding expansion of the permit, and staff believes it necessary to consider as a separate application. However, the Timber Harvesting Plan was submitted for a tract of land known as the Colorado Carbon Company Tract, consisting of nearly 1900 acres. The acreage in Section 7, T7S, R100W that was actually permitted was proposed, by the applicant, as a pilot project and the application was reviewed and ultimately approved only for Section 7. It is staff's interpretation that any expansion must be considered, within the appropriate conditional or special use review. Staff has reviewed the underlying Resource Lands zoning and extraction is allowed as a conditional use within three of the four sub -classifications (Plateau, Escarpment, Talus slopes) and as a special use within the gentle slopes and lower valley floor classification. cQ 111111E 1111111111111111111111111 (111111111111111111 !J1 513670 09/16/1997 01:27P B1034 P249 447 1 of 5 R 0.00 D 0.00 N 0.00 GARFIELD CLERK STATE OF COLORADO ) )ss County of Garfield At a regular hearing of the Board of County Commissioners for Garfield County, Colorado, held in the Commissioners Meeting Room, Garfield County Courthouse, in Glenwood Springs on of September A.D. 19 97 , there were present: Monday , the I 5th Marian 1. Smith John Martin Larry McCown 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, 97-85 A RESOLUTION CONCERNED WITH THE APPROVAL OF A SPECIAL USE PERMIT FOR COLORADO TIMBER & LAND COMPANY. WHEREAS, the Board of County Commissioners of Garfield County, Colorado, has received application from Colorado Timber & Land Company for a logging operation on the following described tract of land: See Exhibit A (in the State of Colorado and the County of Garfield); and WHEREAS, the Board held a public hearing on the 8th day of September 1997, 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. 1 11 1111 11111 111111 111111 11111 111 11111 , 11111 1111 1111 513670 09/16/1997 01:27P B1034 P250 447 2 of 5 R 0.00 D 0.00 N 0.00 GARFIELD CLERK 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 herd 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 Special Use Permit 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 logging operation, upon the following specific conditions: 1. That all representations of the applicant, either within the application or stated at the meeting before the Board of County Commissioners, and contained within the forestry plan, shall be considered conditions of approval. 2. The haul route for timber and all overweight service vehicles will be approved by the County Road & Bridge Supervisor. Additionally, an overweight vehicle permit will be acquired for each vehicle needing such permit, prior to commencing operations. 3. That the forest management practices and revegetation will be monitored for compliance with the proposed Timber Harvesting Plan by a staff forester, hired and paid by the applicant. 4. That the access easements granted by the Bureau of Land Management and Maralex Resources shall be kept in force for the duration of the logging activities and all approval conditions of such easements shall be met. 5. A road bond of $100,000 will be placed with the Road and Bridge Department, to be used for the repair of CR 202 and 204, from damage attributable to the applicant's activities. The bond shall be valid for the period of time that the applicant is actively logging on the property. 6. This Special Use Permit is subject to review for compliance or noncompliance with performance requirements associated with the issuance of the Special Use Permit, prior to permitting additional acreage subject to timber harvesting. The applicant will be required to submit a report one year from the date of a resolution of approval, indicating the measures taken to comply with the performance requirements of the permit. The Board of County Commissioners will review the report, in a public meeting, within 30 days of receipt of the report and may determine that a public hearing is necessary to consider expansion of the permit or development of additional approval conditions. 11111111111111111111111111111111 IIIIII. _ 111111111111 513670 09/16/1997 01:27P 61034 P251 447 3 of 5 R 0.00 D 0.00 N 0.00 GARFIELD CLERK 7. All vehicles used in conjunction with the logging operation, and operated on Garfield County roads, must be licensed or apportioned in the State of Colorado, through the Garfield County Clerk & Recorders Office. The hauling of logs will be discontinued during normal times for Iocal ranches to safely transport livestock along County Roads 202 and 204. 9. There will be no harvesting of aspen trees from the site, with the exception of the incidental cutting of trees, as approved by the staff forester. 10. All revegetation of the site shall be done with certified weed free seed mix. 11. The majority of the slash shall remain at the site where the logs are felled. 12. Garfield County will not be expected to increase the frequency of snow removal along the haul routes/county roads and any additional signing shall be the responsibility of the applicant and/or operator of the logging operation. Dated this 16thday of September ATTEST:' • Cle of the Board : , A.D. 19 97 . GARFIELD COUNTY BOARD OF COMMISSIONERS, GARFIELD COUNTY, COLORADO -1-A-4e/6 Chairman Upon motion duly made and seconded the foregoing Resolution was adopted by the following vote: Marian I. Smith John Martin Larry McCown Aye Aye Aye STATE OF COLORADO County of Garfield ) )ss ) 1 111111 11111 111111 11110 11111 111 110111 111 Hill 1111 1111 513670 09/16/1997 01:27P B1034 P252 447 4 of 5 R 0.00 D 0.00 N 0.00 GARFIELD CLERK I, , County Clerk and ex-fofficio Clerk of the Board of County Commissioners in and for the County and State aforesaid do hereby certify that the annexed and foregoing Resolution is truly copied from the Records of the Proceeding of the Board of County Commissioners for said Garfield County, now in my office. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of said County, at GIenwood Springs, this day of , A.D. 19 County Clerk and ex -officio Clerk of the Board of County Commissioners c:� •1}11 1 P ▪ EEN Y LX oval, LA: v c' MIMIM0 La "fa' °' a m r 0 1fgft• N Z GHm. Q 0 r� 0) N d NMI (.0 0 AN -4 . 153 ) �a CS3 LO �� O LO LO nl IP .r: ,(: 1; 11 1 VI 'I I 'I I , •, 1. 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(I 1; 11 11•'L • 11 11 1-I n1 Ill LS n1 ul rr1 1 Colorado Timber and Land - Compliance Review 1/26/98 This project is located approximately 20 miles northwest of DeBeque, near the end of County Road 202, on the south side of Kimball Mountain. When the permit was approved, an approval condition was attached that, prior to mating application to log additional acreage, the Board would review the logging operation for compliance with the approval conditions. If the Board finds that additional conditions should be attached to the permit, then the Board must conduct a public hearing. The applicants have submitted a progress report, detailing the operation to date, and addresses the following issues: 1] 200 acres of the 400 acres proposed for logging in Section 7 have been logged; 2] Revegetation of landing areas will occur after cessation of logging, projected for July or August, 1998; 3] Property boundaries have been established; 4] Utilization has been "excellent" and stumps are an acceptable height; 5] No more than 70% of the timber has been removed, consistent with the harvest plan, with minimal damage to remaining trees; 6] Six aspen trees were approved for removal due to safety concerns; 7] Slash has remained at the site; 8] A 50 foot buffer along Kimball Creek has been maintained; 9] Wildlife surveys and locations are on-going, and will be further monitored, especially during calving season, 10] The fire hazard has been relatively low and loggers have had appropriate tools and equipment; 11 ] There have been no dust problems; 12] Conditions attached to all access permits have been met; 13] A road bond of $100,000 has been placed with the Road and Bridge Department; all vehicles utilized in the operation have been licensed; frequency of maintenance of county roads has not been requested; 14] No negative impacts have occurred to transport of livestock along the shared haul route. I have not recently visited the site; however, I have discussed the operation with road and bridge. King made me aware of a situation that occurred in early December where trees were cut to intentionally block access along county road 202. Both road and bridge and the sheriff's department responded, with the county incurring a cost, to date, of at least $800. King has verbally informed me that other trees are lying within the county right-of-way and will require removal at some time. 1 suggest that the applicant or operator reimburse to the county all costs attributable to this incident. Aside from this incident, my main concern is for erosion control and adherence to proposed methods of erosion mitigation. 1 recommend that the operator's forester address these methods and how they will be employed. My recommendation is that if the Board receives satisfactory answers to these issues, then additional approval conditions would not be necessary and an application for permitting additional logging may be submitted. The applicants have recently submitted an application; however, I have not reviewed it. Ac/cAw 9JJ�' % sQ, "rttv'G 6f ce0 4100 fac�iVw,! �(, 4�" �� j22o 0A, fr w 2i N 6 CAA )!U ^� c ' Gretchen L. Cross Colorado Timber and Land Company 129 West 4th Street Rifle, CO 81650 December 30, 1997 Mr. Eric McCafferty Building and Planning Department 109 8th Street Glenwood Springs, CO 81601 Dear Eric: GARFELD COUNTY Enclosed is a progress report of harvest activities to date submitted in compliance with condition 6 of Resolution 97-85. Please call me at (970) 625-4440 if you have any questions. Thank you, Gretchen L. Cross Forestry Technician Colorado Timber and Land Company Progress Report of Pilot Logging Operation for Albertson Ranch Company, Limited Partnership Dale Albertson, General Partner 5466 County Road 202 DeBeque, CO 81630 Township 7 South, Range 100 West, 6th F.M. Portions of Section 7 Submitted to Garfield County in compliance of Special Use Permit Resolution 97-85, condition 6. Submitted by Colorado Timber and Land Company, LLP Shirley Chavez, General Partner 129 West 4th Street Rifle, CO 81650 (970) 625-4440 Prepared by: Gretchen L. Cross, Forestry Technician 07 dolize Aa- 97 0- Staff Forester Condition # 3 of Resolution 97-85 required that forest management practices and revegetation would be monitored for compliance by a staff forester, hired and paid by the applicant. Colorado Timber and Land Company had Ron Cunnington on staff prior to the issueance of the permit, and he continues to be employed by the company. Ron, a registered professional forester, has 37 years of forestry experience, both in the public and private sector. The company also hired me, a forestry technician with 8 years public and private experience, in September of 1997. I have previous work experience and training in timber sale administration, scaling and utilization, volume estimation, best forest management practices, threatened and endangered species identification and resource protection. The results of monitoring logging activities to date are as follows: Acres Completed: Approximately 200 acres of the 400 proposed have been logged. Revegetation: This will occur in the landing areas only after logging activities have been completed in Section 7. We expect to be finished logging here in early spring of 1998. Seedbed preparation will occur in July, and seeding will take place in August as discussed on page 5 of the timber harvest plan. Property Boundries: Boundries were flagged and in place prior to any logging activities. They were established by employees of Colorado Timber and Land Company. Utilization: I found the operator's utilization to be excellent; there was no evidence of "long butting" or excessive waste. Stumps were cut to acceptable heights. Harvest Percentages and Residual Trees: Removal of saw timber sized trees ranged from 60 to 70%. As called for in the harvest plan, 70% removal was not exceeded. The operator took great care to avoid damaging residual trees and young regenerating trees. In fact, damage to residual trees was significantly less than is customary with traditional logging operations, such as rubber tire skidding. Harvesting of Aspen Trees: The operator was given permission to fall 6 aspen trees, two of which were already dead. These trees were adjacent to a landing area and since they were infected with heart rot, they had potential to blow down onto the landing and endanger ground crews. Slash: The majority of slash was left in the woods to decompose. Stream Course Buffers: The only live stream in the permitted area is Kimball Creek. No harvesting occurred within the 50' buffer on either side of the creek. Wildlife Impacts: The harvest plan called for monitoring effects on deer and elk calving. If operations are ongoing in mid-May, the beginning of calving season, surveys will be conducted. Rare and Endangered Species: Surveys will also be conducted for Goshawk, Flamulated Owl and Eagles if operations are on-going in mid-May to June 30th. If nesting sites and these species (or other threatened and endangered species) are observed, modifications to cut areas and operations will be made. I am currently keeping a journal of all wildlife encountered and their respective locations. Fire Hazard: Since operations began in late September weather conditions have not been conducive to fires set by logging operations. However, the operator did have U.S. Forest Service approved fire tools in his cache as well as spark arresters on all chain saws. Safety: All employees had appropriate safety gear, radios and took precautions to not endanger themselves or anyone else. On windy and snowy days the helicopter shut down for safety reasons. This was also true on rainy days with poor visibility. Dust: Since it has been a relatively "wet" fall in the DeBeque area, dust has not been an issue. No magnesium chloride has been used to date. The property owner has granted permission for the operator to get water from him, if necessary to water the road or landings. Access Easements and Right of Ways: To date all conditions of access easements with the Bureau of Land Management and Maralex are being kept in force. This is also true for the right of way agreement with Harold Dougherty, John Dougherty and Elizabeth Stuller. Road and Licensing Provisions: The County Road and Bridge Supervisor approved the haul route on September 8, 1997. Overweight vehicle permits were not required for any of the equipment used to date. A road bond of $100,000.00 was placed with the Road and Bridge Department on 08/14/97, for repair of damage on CR 202 and CR 204 if it is attributable to logging activities. See attached copy of bond. No such damage has occurred to date. A11 vehicles used in conjunction with the operation have been licensed in the State of Colorado through the Garfield County Clerk and Recorders Office. Colorado Timber and Land Company has not requested Garfield County to increase the frequency of snow removal or grading along haul routes. Any additional signing will be the responsibility of Colorado Timber and Land Company if it is required. Overall, the hauling of logs on CR 202 and CR 204 has had little impact. The condition of these roads remains similar to conditions prior to logging operations. The log truck drivers I have encountered are driving safely and are courteous. In fact, on two occasions, a driver has stopped, stepped out of his truck and informed exactly how many more trucks were coming and when to expect them. Transportation of Livestock: To date, the hauling of logs has not interfered with the safe transport of livestock along CR 202 and CR 204. However, Colorado Timber and Land Company will discontinue hauling if necessary to ensure this stipulation is complied with. Conclusion: In my opinion, Colorado Timber and Land Company has taken all the necessary steps to comply with all the conditions of Resolution 97-85 and the Timber Harvest Plan. In many cases they have done more than they were required to do to ensure safety, resource protection and to promote good relationships with adjacent land owners. The economics of this pilot project are feasible thus far. However, this is conditional upon costs remaining the same, and cannot be determined with certainty until after operations are complete in Section 7. UNITRIN PROPERTY AND CASUALTV INSURANCE GROUP PERMIT BOND GARFIELD COUNTY, COLORADO Bond No. )433308 KNOW ALL MEN BY THESE PRESENTS, That the Undersigned Colorado Timber and Land Company, RLLP as Principal, and Trinity Universal Insurance Company as Surety are held and firmly bound unto Garfield County, Colorado as Obligee in the penal sum of ONE HUNDRED THOUSAND AND NO/140 (5100,000.00) 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 applied for a permit to transport heavy equipment over Garfield County Roads in accordance with the County rules for such transport. NOW, THEREFORE, if such permit is granted and 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 the Obligee. IN WITNESS WHEREOF, the Principal and Surety have hereunto set their hands and seals this loth day of August, 1997. Colorado Timber and Land Company, RLLP By: ioca:,.„ Trinity Uni rsa1 InsuranceCompany • Qs:: By: TENA B. WI LSONAttbriidyilii ct:,. Trinity Universal Insurance Co., Security National Insurance o., Trinity Universal Insurance Co. of Kansas, Inc., Trinity Lloyd's Insurance Co., Milwaukee Mutual Insurance Co., Milwaukee Guardian Insurance, Inc., Milwaukee Safeguard Insurance Co., Alpha Property & Casualty Insurance Co., Financial Indemnity Company, Union Automobile Indemniry Company io000 North Central Expressway, Dallas, TX 75231 • P. 0. Box 655028, Dallas, TX 75265-5o28 214-360-8000 • Fax: 214-360-8079 GARFIELD COUNTY Building and Planning Department 8 January, 1998 Ms. Gretchen L. Cross Colorado Timber & Land Company 129 West Fourth Street Rifle, CO 81650 RE: Timber Harvest Progress Report Dear Gretchen, Thank you for providing this office with the Timber Harvest Progress Report for Section 7, T7S, R100W, of the 6th P.M. As required by Condition #6 of the conditional approval for the Special Use Permit, 1 will forward your report to the Board of County Commissioners, for their review. This review has been scheduled for a public meeting on Monday, January 26, 1998, and will commence at 3:15 p.m. The meeting will be conducted in the Commissioners Meeting Room, Suite 301, Garfield County Courthouse, 109 Eighth Street, Glenwood Springs. You or an associate should attend the meeting to answer any questions the Board may have. If you have any questions or if I may be of further service, please contact this office. Sincere Eric D cCaffert Senior Planne 109 8th Street, Suite 303 945-8212/285-7972 Glenwood Springs, Colorado 81601 nw Z ¢— Z CI) I.1.1 L.J crz z� cC w LU W Q� OO �j OI 0 C3 cc Zz Z(I)¢ CCLn 1� ��> w� z>- ccI- Oz LL OCC z� LU 02 0Q 12‹ QO 00 Zn COW CC 2w 22 I-1— TRINITY JOE INSITHANCEV COMPA: FES POWER OF ATTORNEY KNOW ALL MEN SY THESE PRESENTS: That TRINITY UNIVERSAL iNSURANCE COMPANY and SECLI?!TY NATIONAL INSURANCE COMPANY, each a Texas Corporation, and T RINiTY UNi'VERSAL INSURANCE COMPANY CP KA'JSAS, INC., c Kansas Corporatio;fido hereby appoint TENA B. WILSON its true and lowrui Anorne,. -in-"act.=•:itP: 'tilt Outroriiy to exec.;te on its bsne;� u.cnd[surety bonds, endorsements or amendments thereto, issued in the course of its business, End to bind the resbec;•vs cc:npo'.v thereloy, in amounts or penalties not exceeding the surn.. of ONE HUNDRED THOUSAND AND no/100 a;1a� - 00`,:0 0 0.00 EXCEPT NO AUTHORITY !S GRAt,ITED OR: 1. Open Penalty bonds. 2. Bonds „'here Attorney (s) -in -p=act pet -7:y e_., ntet-est. IN WITNESS 'WHEREOF, TRINITY LJN;VERS AL INS' :RANG uC}.'✓ G „{ Sb' i' J .r .NSURANCE COMPANY and TRINITY UN!VER5AL INSURANCE COMPANY C. ecchi 4r.:d attested these presents 18th July this, • day rt ' 94 19 �.f�• JUDIT1-i E. t-AGAN, CCR' SECRET -.F.: St ` .CF 1;F; FE. - /-/- bURKETT, PRESIDENT rrYE(.: ri,: t D'{.!C1.T C.aNEY That TRINITY UNIVERSAL 'SL ;:d.t' - [NSURANCE COMPANY, each a Texas C ort:orc io : [NC.. cnsas Corporation, in pursuance of author t1 cn: _ ley ;hot __ ,a•c o, "'., ec ors on. the 1_T day of March, 1976 and of which f0Iia .'.ra $ r mac, L - 0 10 .•e' G ,'. "RESOLVES, Thor the P.es•de c_ s,.. r e _,—; of Companies be and they are hereby OL:thc-o'ed oral ernotif4te sd fo' Cie, e e:�te ono ,:,n .. I_.. `?..- ..e i_ _,..,,:e unto such person or persons residing within rhe tJ'•'i ed States. of Arnericd, ns' •-.•rroy SE its Pc[wer of , -nC • constituting and appointing each such person ,t5 cover dna of ;v t- ,.) „C.,._ _ u L-_,. . . It, in its Acme and in its behalf, as surety. [am,: r .,ci..ilor.:bcrd t. -i e- c>�i C "jai r -icy 7h_ le ..+ ..G •�{ :ander SUCK !imitations and restric- tions, both as to n_,L.re ca :tic": bonds %:r der!oLina [and L:5 tc .:T.its C. tJr'.::e.rfckenc by these Companies, os said Officers may deem proper, The, roture of secl',. bonds c. e_ -lite ilcbiiity to which such Powers of Attorney mcy be restrtctecI, to be in ecicn .^srcn:e so'fc1 ecie`..... :e5 RESOLVED, That Cr:), and ali .A41L,rn E-. _-'n-=act ..rd Oitfl,te.rs ;✓f ,. e • _..- ._ .6.LSSi Stant Secretaries, whether or not the Secretary is cdsent, he and v _ „_ _cv ❑„ihorized cr., e rt:;c verify c0r.,ies of the By -Laws of these Companies cs well as any resolution. of :4-[e D•i,ecicr_.. , c 1, .ec.., ra bonds, recoenizances_, contracts of indemnity, and all other writing CuiiCOtor In ;hie nature 1'- - .- .:Iii. te ref '3 the --'. ors of any f the officers of c e or ce s these Companies or of Ahornevs-in-Foci. RESOLVED, Tha:.re sicnoturO or any o± The ar reprodocea by any fotrn of ;rintirlo _ _ o' _ .-..:_"rOn o; :he omes of He persons hereinabove cuthon:ed." .,recc; : e resale ic^ [n Oe focs m+le sianatures as fixed CERTIFICATION OF r OV:'E.R ATTORNEY I, the undersianev, Corp. Sec ercr ' o. .:Wily ! :hive, _o! Insurance l_^.. ocn :ecu 'ar. -a1 Insurance Company and Trinity Universal insurance Company of Ko'.-_ s. 'Inc.. do nere:rnv certify DT The fa:ea:ina and attached paver of attorney, WHICH MUST CONTAIN A VALIDAT!:'NG a ":TEMENT PRINTED ED !N THE MARGIN HEREOF IN :ED ftNK, WITH A RED DIAGONAL IMPRINT — TRINITY UNIVERSAL INSURANCE -•-• PRESENT IN ITS ENT!r.1 Y :emoirs :n 'till force and hos not been revoked; and furthermore that rhe resolution Ct ane _bora o i,reC';r'S se: tori:: in L'•s of attorney Is still in full force and effect. IN WITNESS .`,:HEREOF, c e e.L". ,sc• set m, gran = sec: of _Lica Corpora?ion. tH,is 14TH . AUGUST i9 97 i.f•SEA1.; SEAL;f .7:'i+'• c ( ' .fir = e J! DITH. E. FAGA, , CO:RP SECRETARY NOTE: IF YOU HAVE ANY QUESTIONS REGARDING THE VALIDITY OR VJORD:NG OF THIS POWER OF ATTORNEY CALL 214-360-8502QR'AIRITE US AT FO. BOX 65502E. DALLAS, TX 75255-5025. 6-3a s (3/32) IMPORTANT NOTICE To obtain information or to make a complaint: You may contact your agent at You may call Trinity's toll-free telephone num- ber for information or to make a complaint at: 1-800-926-1887 You may contact the Texas Department of Insur- ance to obtain information on companies, cov- erage, rights or complaints at: 1-800-252-3439 You may write the Texas Department of Insur- ance P.O. Box 149104 Austin, TX 78714-9104 FAX # (512) 475-1771 PREMIUM OR CLAIM DISPUTES: Should you have a dispute concerning your premium or about a claim you should contact the agent first. If the dispute is not resolved, you may contact the Texas Department of Insurance. ATTACH THIS NOTICE TO YOUR POLICY: This no- tice is for information only and does not become a part or condition of the attached document. (Notice 2) 12194 NT2 AVISO IMPORTANTE Para obtener informacion o para someter una queja: Puede comunicarse con su agent al Usted puede Hamar al numero de telfono gratis de Trinity's para informacion o para someter una queja al 1-800-926-1887 Puede comunicarse con el Departmento de Seguros de Texas para obtener informacion acerca de companies, coberturas, derechos o quejas al 1-800-252-3439 Puede escribir al Departamento de Seguros de Texas P.O. Box 149104 Austin, TX 78714-9104 FAX # (512) 475-1771 DISPUTAS SOBRE PRIMAS 0 RECLAMOS: Si tiene una disputa concerniente a su prima o a un reclamo, debe comunicarse con el agente primero. Si no se resuelve la disputa, puede entonces comunicarse con el departmento (TDI). UNA ESTE AVISO A SU POLIZA: Este aviso es solo para proposito de informacion y no se convierte en parte o condicion del documento adjunto. r - FELONY MISDEMEANOR ❑ OTHER GARFIELD COUNTY SHERIFF'S DEPARTMENT CR NO y7 -3/2C INCIDENT CLASSIFICATION �►Z2-friz cc ./urrifrFF OEM MESA pf LOCATION OF OCCURRENCE/BUSINESS NAME es 26? A4..0 Ck ley k.imr3/ C,I2Lerk ATd3/aQe-- (0 /4O DATE/TIME OCCURRED ON MONTH l/ DAY _92 YEAR ! 7 TIME ;I l_ao :2- l: DATE/TIME REPORTED MONTH DAY YEAR TIME OR BETWEEN // _ l`J 3 6 l 7_ o`v 0C' _ /2 Ci 3 C� / r% IG Jo ARRIVED AT SCENE ^7 .0 TIME %Z - DATE /2 01 / /�/.� IJ OFFENSE REPORTED; JUVENILE (KDISPATCH ( ) crr1ZEN ( ) YES ( ) NO ( )`GN VIEW ( ) SUPERVISOR atUNKNOWN CODE: V - VICTIM SB - SUBJECT RP - REPORTING PARTY W - WITNESS CODE NAME (LAST, FIRST, MIDDLE) S7 &Jct�+/5 .MAVJ/rni AGE ''f DOB '/ F SEX /1-1..„ RACE )12 ADDRESS RESIDENCE ZIP CODE PHONE �� �-r /t �7 BUSINESS /45(, 5 e_ SFILCG! Ltric-44/ , spin...6, Cl/ r �I �t ( q�,e '�'J •-6!// CODE NAME (LAST, FIRST, MIDDLE) Ac & iso,v L2 ' J4 _x) AGE IT DOB p e//z W/G SEX . t= RACE CJ ADDRESS �o n �} r7 CoIIPPCODE RESIDENCE 54 C .LC I� �!l %� •C 1.36 -ave- v l 4 / 003 PHONE a d 3 - s-2 s. 7 - BUSINESS _ VEHICLE STOLEN 0 -YEAR MAKE MODEL/STYLE COLOR TOP/ BOTTOM VICTIM 0 SUSPECT ❑ • LICENSE NO. TYPE STATE LICENSE COLORS PRIME / NUMERAL IOENTIFICATION NO, BURGLARY 0 FORCE 0 RESIDENTIAL 0 NON -FORCE 0BUSINESS OFFENSE STATUS OP0CLEARED BY ARREST ENl(C CLEARED 0 E THEA 0 UNFOUNDED 0 INACTIVE S U $ P E C T NAME / ALIAS ADDRESS CITY STATE TIP SEA AGE RACE HEIGHT WEIGHT HAIREYES HAIR STYLE BUILD GLASSES BEARDMUS DOB I PHONE - S U $ P E C T NAME /ALIAS ADDRESS CITY STATE ZIP SEX AGE RACE HEIGHT WEIGHT HAIR EYES HAIR STYLE BUILD GLASSES BEARp/MUS DCB PHONE PROPERTY, EVIDENCE S - STOLEN 0 - DAMAGED F • FOUND R - RECOVERED L - LOST ITEM CODE QTY. ITEM DESCRIPTION SERIAL VALUE TOTAL VALUE 1 0 I n,v- LAYGr- CLQ 7'12EF 200 c• -e -)- 57-'6,1r" c -- NCIC 0 REASON CCIC 0 DATE ENTERED BY NOT ENTERED: TOTAL era— I0 -0 - 077OFFICER�j OFFICER GNATURE ��� NUMBER v 2 D SUPERVISOR- NIT LS ANO DATE /CJ -5-- / ASSIGNED TO (71(-110 /1 ti./ lr/a /.-i, // PAGE- 4— • i r +� ri i�x`rt On December -03_ I997_T enimv Fisher and T were informed by dissmtch to contact Marvin Stenhens R t1 Tf' AY A/TALf \ —i - -C .2 - a`. —_. a T-'i_ u.0 n. w ur4a ) an employee:mu' ui uarnein t..ounty icoau aha nnuge crew. ' sem (L i, ,-,� .: r y' �' : � ��' � D .�^' �.e �:�.'.1+�-.f •t tit - DeuII er'contactf edMarvnrr s ask`v at the'psobleiii was: ihi d that there was a txee tl>a h beerettit idown-orn ' rt --A uty Fisher uiforme vin 6ativ4 would be '�' after wldfh ire were.. .• L9.t otailveckattheloca cttiartd"=aiat tairsiinfanct.he took•us tothe"tree Ori C.R.�202:4'tiuvm _. _ thapheira con1acted-bxhns officearatiSut 0830 honiS'on Deeember 03;1997 iai reference to the e"' = N aivra alsciAld'us that a Donna Albertson ( D.O.B. 041246) bad reported the tree being cut to his office. -Marvin saittit Would cost about 800.00 dollars to clean up the tree from the road. Marvin also said uiat theland the tree was -setting on belonged to one of the oil company's. Marvin also said that Colorado Timber and Land Company is working in the area, and the foreman try the name of Joe, last name unknown ( D OB_.unlmown) had said that the day before some men working on the job sight were fired.. Marvin told us Joe had stated the men that were fired were probably the ones that cut the tree down. I was unable to contact Joe at Colorado Timber and Land Company. Marvin also told us their had been more trees cut down further up the road on the property of the Albertson ranch. Deputy Fisher and 1 went to talk to Donna about the incident. Vve arrived at the Albertson -s ranch ( 5466 C.R 202) and spoke with Donna. Donna stated she had come home on December 02, 1997 at about 2000 hours and the tree was still standing. Donna also told us that on December 03.1997 at about 073() hours she bad noticed the -tree was down. Donna also said she had heard no vehicles on December 02. 1997. Donna stated to us the only vehicle; she heard going by her residence v., as at about 0500 hours on December 03, 1997. Donna said the vehicle that went by her residence was a log ng !ruck. Donna said that there were also trees that had been cut down on their ranch but had not gone to see how mam trees had been cut. Donna's husband stated the land that the tree is setting en belonns to the Texaco C mpam-. Case open pending further investigation 97-3912C Criminal Mischief Supplemental Report December 09, 1997 Deputy J. Lang 2.t On December 05, 1997 I was contacted by Cindy Carlson ( D.O.B. 052264 ) of Salmon River Helicopter service in Riggins Idaho. Cindy told me their company had been working in the area of Kimble Creek near De Beque. Cindy stated their company was responsible for lifting logs out of the area by the use of a helicopter. Cindy also said she was some what aware of the occurrences that had happened. Cindy said their company didn't employ any of the cutters that might have been responsible for the cutting down of the trees in the area. Cindy also said that due to financial problems the logging operation as been stopped. Cindy told me that because of the financial problems some workers were not getting paid. Cindy told me that all the cutters were employer by a sub contractor. Cindy stated the name of the company that she believes employed the cutters as Timber Line Cutters, also located in Riggins Idaho. Cindy gave me the phone number of Timber Line Cutters, ( 208 528-9017 or 208 520-1230 ) and the name of the owner, one Steve Bruyere. (D.O.B" unknown) Cindy also said that she didn't believe that Timber Line Cutters knew anything about the problem. Cindy told me that the name of the foreman on the job sight was Joe Kaiser, ( D.O.B. unknown ) and Joe was living at the River Manner Apartments # 1308 in Parachute. Cindy also stated that Joe was not in possession ofa telephone. Cindy said that she was Ied to believe that a cutter by the name of Mark Harvat ( D.O.B. unknown ) might have been the -man responsible for cutting the trees down. Cindy stated to me that " This Mark was kind of a shady character. " Cindy also told me that Mark might have cut the trees down because he had not been paid. Cindy told me that 1 would have to contact Joe for anv further information. /9 1r� 49. 97-3912 Criminal Mischief Supplemental Report December 17,1997 Deputy J. Lang On December 17, 1997 I spoke with Joe Kaiser (D.O.B. 092158) in reference to the tree that had been cut down on Kimble Creek Road near De Beque on December 03, 1997. I spoke with Joe at 200 Colorado Avenue, the River Manner Apartments number 1308. Joe stated he had no idea who could have cut the tree down. Joe said it could have been any of the cutters because they hadn't been paid for the work that was done. Joe stated the cutters working on the site were from all over the western United States, and that most of the cutters working at the site had left the area. Joe could not provide any more information on who might have been responsible for the tree being cut down. No suspects no leads, the case is inactive at this time. (7/ d 1 # /9