HomeMy WebLinkAbout5.0 PC Staff Report(Revised) 08.13.1997PC 8/13/97
PROJECT LNFOR vLATION AND STAFF COMMENTS
REQUEST: Special Use Permit for the extraction of
natural resources - timber.
APPLICANT: The Colorado Timber and Land Company.
LOCATION: Tracts of land located in portions of Sections
32, T6S, RIOOW and portions of Sections
5, 7, and 8, T7S, RIOOW of the 5th P.M.;
located on Kimball Mountain, generally north
of County Road 202.
SI11: DATA: 1899 acres
WATER: Will not be used
SEWER: Will not be used
ACCESS: County Road 202 (Kimball Creek Road); other
public and private access.
EXISTING ZONING: Bit: Resource Lands - all categories.
ADJACENT ZONING: R L; 0/S
I. RELATIONSHIP TO TEE, COMPREHENSIVE PLAN
The subject sections are rof included on the Garieid County Comprehensive Plan's
Management Districts Map (1981; 1984 Pians'). However, due to similar terrain, t is possible
to infer the following desiiations: District C - Rural Areas/Minor Environmental Constraints
and District F - Rural Areas/Severe Environmental Constraints. See map. page! .
II. DESCRIY'l'ION OF l'HE PROPOSAL
Site Description: The subject tract is located in a physiographic province known as
the Colorado Plateau, typically a deeply dissected region of steep ridges capped by
camnarative�y level mesas. The General area proposed for logging, is very remote,
located approxirnateiv 20 miles northwest of DeBeque, on Kimball Mountain. The
bulk of the timber proposed for extraction is located on the north- and east -facing
slopes of western Kirnball Mountain, where slopes have been calculated to be between
5094 and 75% (between 27 degrees and 37 degrees). See topographic map, page
B. Adiac:nt Land Uses: The majority of the land uses. on private lands, are devoted to
ranching and the oil and gas industry. The Bureau of Land Management administers
sizeable tracts adjacent to the applicant's property.
C. Logging Pronosai: The applicant proposes a helicopter logging. operation on private
lands constituting 1899 acres. 640 acres would initially be logged as a pilot project.
The proposal is considered to be experimental and is an eiiort to determine if
helicopter logging can be economically operated. Up to 60% to 70% of the trees in
an area designated for logging would be felled, then flown to an area on the valley
floor and removed via trucks along existing Private and public roads. Except for days
when weather interferes with economic and safe operations_ the applicants expect to
log year-round, expecting to operate the helicopter approximately 140 day s of the
year. See artached Timber Harvesting Plan.
11€. REVIEW AGENCY/PUBLIC COMMENTS
The application was referred to the Colorado State Forest Service, Bureau of Land
Manage:nent and the Road and Bridge Department. No comments have been received.
SV. MAJOR ISSUES ANI) CONCERN -5
A. RoadsiAccess: Access to the areas proposed for logging would be from County Road
202 (Kimball Creek Road), which would be utilized as the sole hauling route to Roan
Creek Road (CR 204) and Interstate 70. The road has recently been asphalt -surfaced
from its intersection with CR 204, to the bridge crossing, Roan Creek, which grades
to an improved dirt road west of Roan Creek. These access roads cross at least four
(4) bridges/cattie guards that, in some cases, are more -narrow than the road itself_
:with some crossings limited to a single lane. There are no posted weight restrictions
at any bridge, therefore weight capacities are unknown.
The proposed logging operation would require access across adjacent, public and
private lands, and it appears access easements have been granted. The Bureau of
Land Management has approved an access permit for intervening land between the
area subject to Iogging and a privately -owned parcel. Likewise, the owners of ±e
private parcel have granted an easement for shared access, which together. the
permits provide access to the county road system. See BLM and Maralex
agreements, pages w . Stam notes the BLM agreement is approved for five
(5) years. the Maralex agreement is approved for one (1) year.
Since the logging proposal is to use a helicopter to transport the felled timber, :he
applicant is not proposing the construction of any new roads. The timber would be
flown to an unspecified location (owned by the applicant) in the Kimball Creek valley
and loaded on trucks for transport to interstate 70.
Logging- Method/Timber Harvest: Due to slope of the tract and other concerns, the
applicant proposes to utilize a helicopter to move the felled timber to the point it
would be loaded on trucks. The helicopter aspect is considered experimental and if
it is determined to be economically feasible, the logging operation would likely be
expanded. The initial phase contemplates harvesting up to 2,240 (v F) of Douglas
Er, within an area of 640 acres, 400 acres of which would be subject to timbering.
Slope/Soils: The slope of the individual parcels proposed for logging varies, generally
rang7nc between 40% and 70%, but in at least one instance, up to 75%. The soils on
these slopes have been identified by the Natural Resources Conservation Service to
be within the Utso-Rock Outcrop complex, a soil unit derived from the Green River
shale. This soil is considered to have severe constraints due to the excessive slope,
creating simaincant erosion hazards and limiting the use of certain types of mechanical
logging equipment, especially when the soil is wet.
industrial Operations Classification: This type of Special Use Permit application falls
under the Exrraction classification as defined in Section 2.02.31(1) of the County
Zoning Resolution and is therefore required to meet certain Industrial Operation and
Industrial Performance Standards, as further defined in Sections 5.03.07 and 5.03.08.
These sections essentially require an impact statement address certain parameters
affecting, or affected by, the proposal and shall address the following Broin Section
5.03.07):
E,-isring lawful use of water through aapled:on or pollution of surface run-off
stream ;'low or ground warer.
The impact statement suggests a buffer zone of 50 feet of a year-round
stream. Kimball Creek, the only year-round stream that would be affected.
Impacts on adjacent land from the generation of vapor, dust, smoke, noise,
glare, or vibration or other emanations.
oise is expected to be generated by 'helicopters operating over the site,
which ±e applicant states should be contained wit .in the property boundaries,
with no negative impact occurring to adjacent properties. Dust would likely
be generated by trucks as they enter and leave the site via County Road 202.
The .ise of magnesium chloride is proposed, "close to residences;" however,
the tear: "close" is not definedvet should be. .although it is not discussed.
staff f -would contemplate that the burning or slash could create smoke impacts.
3. Impacts on wildlife cmd domestic animals through the creation of hazardous
attractions, alteration of existing native vegetation, blockade of migration
routes, use of patterns or other distributions.
The application suggests impacts to wildlife and domestic animals would be
of short duration; however, would be mitigated by grass seeding and the
release of native vegetation to increase the browse for these animals. The
applicant has not consulted the Division of Wildlife (DOW), therefore it is
impossible to predict the amount of disturbance caused.by the removal of the
existing, native vegetation. The applicant suggests that immediate impacts to
wildlife may be negative, but would be mitigated by the increase in browse
and an overall.improvement of habitat.
Apparently, there is some concern for raptor nesting sites throughout the area
proposed for logging, which the applicant states a nesting survey would be
accomplished in the spring to determine potential impacts.
4. Affirmatively show the impacts of truck and automobile traffic to and from
such uses and their impacts to areas in the County.
The application predicts eight (8) highway legal, logging truck round -trips per
day, noting that these vehicles are required to pay taxes for usage of the
roads. Additionally, the applicant is proposing a S100,000 bond to cover road
damage attributable to this project.
That sufficient distances shall separate such use from abutting properrr
which aright otherwise be damaged by operations of the proposed use(s).
The applicant states that no impact will occur to adjacent lands as all
operations would occur within lands owned by the applicant.
6. Mitigation measures proposed for all of the foregoing impacts identified and
for the standards identified in Section 5.03.08 of This Resolution rindustriai
Performance Standards.
This section requires that the proposed industrial operation comply with
applicable County, State and Federal regulations concerning water, air and
noise pollution and shall not be conducted in a manner that would create a
public hazard or nuisance. It appears that the applicant has considered the
various impacts that are likely to be generated from this proposal and has
attempted to address these impacts. In staffs opinion, the use of helicopter
yarding is preferable to the development of a network of roads across very
steep and sensitive lands. Additionally, the scope of this project is relatively
small, which should enable the applicant to assess the profitability of the
enterprise before future expansion. Further, the application suggests the use
of a staff forester who would oversee logging operations. Staff suggests this
be made a condition of approval.
V. SUGGESTED 1..:VD1 GS
1.. That proper publication and public notice was provided as required by law for the
hearing before the Garfield County Planning Commission.
2. That the hearing before the Planning Commission was extensive and complete, that
all pertinent facts, matters and issues were discussed within the Special Use Permit
application and the public hearing.
3. That the application is in compliance with the Garfield County. Zoning Resolution of
1978, as amended.
4. For the above stated reasons, the proposed land use is in the best interest of the
health, safety, morals; convenience, order, prosperity and welfare of the citizens of
Garfield County.
VI. RECOMMENDATION
Staff recommends APPROVAL of the Special Use Permit for the pilot project logging
operation on Section 7, T 7 S, R100W, pursuant to the following conditions: 4
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.
x
That all timber hauling on County Roads be • : e :-.:._ . y, between the
hours of 6 a.m. to 5 p.m. That any helicopter hauling will only occur between the
hours of 7 a. rn. to 5 p. m__ y
3. 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.
That the forest ;management practices and revegetation will be monitored for
compliance with the p oposed Timber Harvesting Pian by a staff forester, hired and
paid by the applicant.— _' .- L, , ..na lnspec_orester
• 1viS1 . ..S
•
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 said easements shall be met.
6. A road bond of 5100,000 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.
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.
8. All vehicles - �t ..OP2.q-tom b.) �v��2 (' -PS
uncti.n
apportioned in the State of Colorado, through the Garfield County Clerk & Recorders
Office.
must be licensed or
9. The hauling of logs will be discontinued during. normal times for local ranches to
safely transport livestock along County Roads 202 and 204.
10. There will be no harvesting of aspen trees form the site, with the exception of the
incidental cutting of trees, as approved by the stair forester,
11. All reve2etation of the site shall be done with certified weed free seed mix.
11'
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TAKE
PRIDE IN
United States Dep•artmeno the in cel ;ot• A.MERlCa
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RETURN RE^_ T RT EE!''[1F-STEE7
7 C.r• s t.
_J14rado Ttmtler and Land Company, SLLP
P.O. Box :223
Cler cod 39rings, CC 4L. 02
Attn: ns. C::a'
rECiSLc'
R_anc-oe- lav Gran: CCC -66219 Zss•,:e•.i
Sien.t3r.ecermLned
IN 141,N 5' k! FkK FO:
-00C-6'0319
2800
,7-6001
Enclosed grant ser -al. number CCC -00019 .;nit:1 han
been approved by :Ile 3ureau Le Land Management. !'ll_ :ent�]i for Linear -.y'11:-
oe-'Nay is determined accor,:!ing to regulations _ouod at 42 -FS 2302.2-2. -::e
2n Cel .3 !te e3ove-re_erc::Ce0 "_9nC-oe-way 1s So x.71 _ur a Z '/e year terin.
adjusted :3 : .iar ya _ '.]i! _ny. COCy JC ..;fe .v:`.ca_ ,:atarmination
,s encioeec- Ail drocessin.g lees and rental nave been received,
issuance 3C =`.]i5 -'_gt]c-- -waV grant constitutes a final decision 3y the
Bureau or: :,and nsnegement _n ::]_s :recc_= .
'nie decision may be appealed to erlor joara Sid Lend ?.pneals ti..
ac c:Drt:3nce regulacIdns '_1 T:C2 30 :ilei Code or: =3C?ru_
egulacicns. -c_= 4,400 and ci]e enclosed dorm CSO 1840 .he :orm also
i ciudes _ascrjc Cions for request' -ng a stay .`.E onedecis on appealed. __ _..
eogeal is taken, _hn nOt_i:c :JC _u:a_ tusr be tiled in :his affair_ a: =ne
above address 4 ::!1n 20 -a}'s :ram receipt :0 ch== decision. The eppeilenc has
t:'.2 burden ..i 3n0'.J1ng :net :ne .:echelon .s ln error.
.,:::c:•osur es
1 - Riw ..ran:
- - '-ora :SO 1.84:;-2
Cachertne Robertson.
Anes Maueger
90
Form 280U -1.i
;August 198S)
-�st�.nr7 3CCice
Grand ..unction escurce Area
i:i•IiT �D STxrY.3
7FPAR", ^,ENT OF "ti F' jNTSR_OR
BUREAU CF LAND Y!ANAGc'i2N`^
�IUiI'!`-CF-3A'C GaA NT.": 1MPOSARY USE Psami,"
SERIAL >ii:MRER C00-60319
A gbn-u[-way is hereby ar..nced pursuant no Tinle 'i o_ Federal ..-nd
Policy and menage:ner Acc or Oc=ober 21, 1975 , +
;30 Scan. 75; 42 U.S.C.
L7ali.
2. Macare Jf _r:C3,esr:
a. 3y =his 1n5crunlenc. :he holder:
Colorado Timber and Laud Cclnoany, RLL?
7.0. 30:< 1222
Glenwood Springs, CO 31.02
receives 3 ~- ghc co cooscrCt, operace. :ilii inc31n, and cerin_`nece in
acneas road, onpurdic ?ands described as _O!'_aw$:
]':x[[i ?; aC'. ual '•'.2r:..,
-vi'.
T.? a R.:00 W.
Sec 3: 14SW%,
The -_jnc-o.-,,ey or nermir area dranced ..c__ is 20 feet 'Nide, _2!-
_e_- Lone and contains 1.13 acres, more
.nSCr3I: :u shall c-r:n.inace on fie'^Y+}'�Y,A '. i 2,107 , cp in years
from -t-effeccave :face unless, prior :.ere -o, la relinquished,
abandoned. cerrinacad. or :noci5ted _OL'rsuanC co :he c-rms and
ccodiciors Or :his in SCr_:nenc or Ji any 3O licaOle Federal Law .i_
- egulaCion- --
✓ his inscrumenn may be renewed, -- renewed, :he _r,c-or-way or
permic snall
'-
:e 3uo;acc co nha eau_anlo ns -raring 9C = -ime o
^Ewa_d any ocher c_ar;ts and zondi-_ons:ha: the auu:.ori:=ed
oc_icer deems necessaryca protect the _uo!lc inneresc.
_. Nocwirnscar.ding -•_ expiracion of :his -:.struma.: ar any renewal
: hereof. -__1Y re11nqu'_S:1nlenC, _..a.^.Ccrume^.C. or cerminacioo. zhe
prnv_sions o_ Chas .ns Crn!Ilenc, co :he excen: applicable, 5ral'_
conC_nue in =__eft and snail .e binding on :he .holder, c5
successors, or assigns, incl'_ nhey have ---..Ly sanlsfiac^:be
Jbilg3cLon5 and/or a'J'''n`es accruing herei:? '3eZore or .7n account
oc _::e expiration, or prior ..acicn. of :..3 Brenn.
Rental:
For and in _onsideracian 3 113 3 C5 Brant -a. -.,e hoeaer agrees =o
pay :1:e 3ura.:.0 :ian333031: _air ,nar e: valee rcncai as •
Oa:er:01ned by -..- auc^,or =ed 3f_iea_ %Iniessspac_._c3__y e emoted
from 3ucn 2av1lenc oy 7B3u1aC:On. Provided, :?Owevar, :-a: :be rencal
may be adtusned :"..yv aunnor_CE3 wne.^.ever neceasary, no
✓ elleoc changes :n :he fair :narxec __ncaL value as determined by :he
apoiicaclon of sound business nanage:nen: nrinc2.ples, and so far as
p:accicsnie and. feasible. ... _cnori:ante 'wizn-:OrCersn1e :o1nln3r:131
o rncc_Cas.
COC --60219
erins and Conditions:
T!lj, grant or pe_rmic issued suhje_C`, tU .-Ila hoiJr:ti :UI[IO �. 1<-r cs
with all applicable _egulacion.s contained in Title 43 Code of
Regulations par!: part 2800.
b. Upon :jean: ts1'niinacinn by :he authorized officer, ail improvements
shall be removedpublic _ends within t:'0 mays. or 0C:1drwiSe
d.Lsposaci. of as _�rovioedy.c..•pa_agroPh 4)(d) or as directed by c:1a
=ethor:_ed officer:
c. Each gran: issued :or _ term. of: 20 years or more shell. ac a :ni.^,i:aum,
be reviewed by cho authorized officer ac the end of the 20tH year and
.-"- regular incer'vals '_'hereafter not to exceed 10 ,ears.s _ovided,
however, :hat a :i0hc-of-way or permit granted herein maybe rev_e'Ncd
ac any time iieemed necessary by the duc^or': _ed o 5 taper .
d. The map_ and stipular -ons sec forth in Exhibitz
A
and 3 attached:
herels ere incorporated into and made 3 part of this grant inscrumeht
as fuil'i and effectively as if they were sec forth herein in their
anti__
e Failare of the holder no comply with applicable Law or any provision
of this right-of-way .orenc or permit shall consr_C'uce grounds Cor
suspension or tenni ndclon thereof.
...e Holder snaii perform ssl v0e; : onS in a good and 'N3r'.{;nen_z:ce
:canner so as co =nsure protection Jt the _nv-:rorime!lc and =:'1G neeit "
and safety of the ouoi:c.
131 '3[ '4E?S$ tvi'Eii �_U E'' the '.1 r.0 -'signed agrees to :`-1terms and ci,ndicions of •iritic
right-of--'.s5y grant or permit..
3ignacsr. "...�.._ 5'nat'_re of=.ucZorice3 C["_car
r
.._ - :!araaer
.0aCe1 ,w.__c__ve .:ace oc .,_vitt;
3
P. 1 of 2
STT pr.lfn.^:Oils
The holder 'hall _~Cues: 3 prenotification conference wicil the authorized
officer ac least Frays 3r_or co :::e cos:mencemenc 0t access road use
under cis grant, The =on ac: person'. is Tom Oar 'ten aC Ora.n.0.
.;unction Resource Area Office, phone i9731 244-1Q23,
Ali maincaaence or rood improvement activities shall be confined
✓ ignL-or-:way; in no „ase will such activities take place outside
exceeding i) feet from the centerline of the existing road.
co ::e
an area
3 The road and Rodd shay_ ba :nainca inec. in as good or be:ter c;lcn -3XiL-ZincT
condition. This may include, juc a :.Or. limited :o, blad3.ng :he roadway
and maintaining borrow winches and drainages. Stabilizing clic running
surface with gravel may be done ac t=oe discretion of :he Crancee.
4. The polder stall promptly remove and dispose in an aucnori_ed sanitary
landfill, a1'- waste generated 'av its accif_:-es. ',dance!nc'_uce5, 'put is
not limited to, human waste, rash, ',arbace, 7etroieum products, asses
and ecuipmenc. No burning or crash, trees, brush or env ocher Tac=f'_dl
shall be allowed.
3. T!'te . ran[1 .i Unction Resource .Area Manager will be nocified ac 'Iasi. 50
days prior to commencing .ec?amac:on work upon relinquishment Or
etairacion or the ROW granc, The holder shall contact the auchori_ec
o,',^er -o arrange a joint inspection of the ROW. This inspecciO3 shall
be held to 'determine sr, acceptable abandonment and reclamation plan if
needed. This pian may include reconcourina and seeding. The eutho-+'-^
o fficer :nusc approve :he pian l .. writing prior no :he holder's
commencement of any .a 'oar^. doi'men: ac':.-1:tom .
o Use of pesticides shall comply with :he aopiicabie Federal and State
Laws. Pesticides Shall oe used only in accordance with :heir registered
uses and wicnin _!:nations imposed by the 3ecrecary of :he interior.
Prior c0 the use o:, pesticides, the holder -hail obtain from -oe
humorized officer written approval OC _ plan snowing nhe cY13 ped
quantity of macerlal to to used, the oest;sj to be c'ont:oiled, method 3E
application, !oc_cion of storage and disposal of containers, and any
o cher informer cion 'deemed necessary by :ha auc or=ted officer. .mergency
use o: pesticides shat: oe approved in wric_ng '3y :^e euchcr:oe0 officer
prior no such use.
STANDARD STT?UL?T'--CNS
Any cultural and/or paleontologic resource ;historic or 7:enisc)r:c
ice or objectdiscovered by nhe :holder.Jenv Parson Norking or, ---
oena f on public :r Geral lane snail be_::cme•a_acei t re -corned to the
auc:-corized officer. iioider snail suspend opera:ions-n the i.rmedioce
area of sucn discovery ancil writ -ten authorization to Proceed is issued
by
:o authorized Officer. An eval'oac;on off the discovery will be made
by the
authorized officer to determine appropr:ace - :ions :0 ?reve:c :he
loss .fsi4ni:Lcanc __.t•arai cr sciencific dairies. The bolder wL1L ca
c%ponsiole Cor the -cost ]C evaluacion _..^.,d 3n`/ decision _o to proper
mit -helm measures wI l 72 :aaCe by t..c auc^.or'-_ed officer after
consulting wich :he !colder.
COC -603L9
Parsuan: co 13 C'3 10.5;91 ::Le `rot__- 3: tnis authorization mus: notify
▪ .c authorized office by telephone. with wcitnen confirmation,
_:L1r edea:sly coon :Icydiscovery 3: :'.uMe.,a __main :'3ndrary _tows, sacred
o'b eczs, or objects of '^r __1 patrimony_ Further. pursuant to 13 C?3
10.1c) and (d), you (ellst stop act_vitiesin `he vicinity o: :he
discovery and protect it for 30 days or untilnotified :3 prOc d by the
authorized officer,
The holds; shall comply with 3'„ applicable Federal laws and reguiacions
existing or 'hereafter enactefi or promulgated. En any even:. the holder
shall cCrm?ly .with the Toxic Substances Control Act of 1975. as amended
15 U.S.C. 2E01 en sec.( with regard to any co::'_C a3CSC3ndes that ere
used. generated by or scored or. the right-of-way or on fac'''-
authorized under :his right-of-way grant (see 40 CFR. ?arc 002-799 and
e S?teCiell_/, provisions on polychlorinated bi teeny].., 43 CFR
721.i-761_1931. Additionally, any __;ase or toxic su'os:anres (leaks,
spills, in excess of the __portable :cant'ity _-tabii33G'3. by 10 _.
?arc 117 shall be roc as required by the Comorenens:'re Environmental
Response, Compensation and l_abi' :y Ac_ of 1950, Secc_3r. 102b. A ..ppb/
of any report required or requested by any Federal acency 3r sc.s:e
government as a result of a -eportaole _=lease orpill oc any ce:tic
substances shall be furnished t3 ._ authorized' officer concurrent with
:..c filing oe the reports to :33 involved Federal agency or 51.3:e
3overn :le.^.:.
7:4e holder x..211 comply wi:h applicable State standards for public heal:__
3n: s4i4C'f, environmental ?reteczi3n and 5_--.n.g, construction. op.srs::on
and maintenance, if :hese State standards ars more stringent than _ ederal
standards :3r similar projects.
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91F,
„of: .1/
Determining 1997 Rent under Rental Schedule Electric Lines,
Telephone Dines, Noy -Energy Pipelines, other Linear Rs/W /
Serial No. LOG - !,d 3/5 Name (Grantee) �f� , i _ ''^,',
i" A
Co. ID No. County s)
Case Tune knniv. Data
Ex iratior. Data Next. Bill Data
f ,
Length �=�?� Width ctiC7
Acheace
Determine the 1997 (12 'aIont!.$) rent or the RJW av multiplying the
number of acres in each appropriate _one by the rencal rate for
that zone_
Zone Masa, Garfield, Montrose,
I
Routt, Rio 31ancc !,? acres .l x11.93= $ 'S . 2
Zone 5: Eagle, Pitkin acr=_s :{ 23.36= _
Total 7 f2
Part Year .actor Ad;usted Renta'_
1907 Tota_ (T) $ (3 . 7 l y. C3
Subtotal
-'sear Dump Sun (Annual Rentals less Man $ 00)
4 x 1997 Tota`_ $ 7w .
?ar=ea_ Year Total y Iti ,u
'..mount Due
?arm vee.. 5act_»s are:
months 1.000
months 0.9137
months ?.3222
V -cnths 7.7500
3 .monm!:s
7 months
6 m onmhS
5 aont::s
7.666'r
0.5822
0.5000
4 months
3 months
2 aonths
1 ao n t_.
2.2233
c.2500
0.'_667
7.082:
i- 7/
?repar=_c _ Data
CSC 1840-3
(Iona 1993)
UNITED STATES
DEPAFITMENT OF THE INTERIOR
BUREAU OF LAND MANAGEMENT
INFORMATION ON TAKING APPEALS TO THE BOARD OF LAND APPEALS
DO ,VOT APPEEAL UNLESS
.1. This decision is adverse to you,
AND •
2. You believe it is incorrect.
IF YOU APPEAL, THE FOLLOWING PROCEDURES MUST SE FOLLOWED
NOTICE OF APPEAL within 30 days lila a Notice of .-1ppeui in the oince welch issued :his decision (sem
43 CFR 4.411 and 4.413). You :nay state your reasons for appealing, if you desire.
2. WHERE TO PILE
NOTICE OF APPEAL
WITH COPY TO
SOLICITOR
WITH COPY TO
EGARD OF LAND
APPEALS
3. STATEMENT OF
REASONS
ADVERSE PARTIES
REGIONAL SOLICITOR
ROCKY MOUNTAIN REGION
P.O. BOX 25007
DENVER, COLORADO 80225
DEPARTMENT OF TI -IE INTERIOR
SOAR D OF LAND APPEALS
4015 WILSON BLVD.
ARLINGTON, VIRGINIA. 22203
Within 30 jays acier pilins [he rVorice of 1pnral. ;lie a eotnp{cte statencat of the reasons
you are annealing. This most be (tied with the interior Board of land Appeals, at the 'above
address (see 43 CFR 4.4;2 and 4.413). if you wily 5uted your reasons for appealing when
tiling the (Voila! or .uveal, no additional =ten -sent is necessary. Copies of your 5Ute:nent of
mason] :lust be died With the Solicitor at :he above address.
vV [I;IIn iJ days after aacn 'document 15 (:IeLt, each adverse pane camel In :he decision and th,
aegioual Solicitor or Field Solicitor having unsuiction ova: the Siete in which :he eposai aro
tires; ie served with a copy of: (u) [he ,Voace of Appeal, b) [hs Statement of Reasoas, and
(c; any other documents riie.d (se: 43 CFR 4.413).
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1. Footings should bear on an at least 2.0 feet thick mat of structural fill
(see "Site Grading") and can be designed for a maximum allowable
soil bearing pressure of 2,000 psf on the fill;
2. Continuous footings should be reinforced. We recommend an at least
two (2) continuous No. 5, grade 60 bars amount of steel equivalent to
that required for a simple span of 8 feet, whichever is greater.
Reinforcement should be designed by a qualified structural engineer;
3. Minimum footing sizes are desirable. We suggest a minimum width of
16 inches for footings and dimensions of at least 2 feet by 2 feet for
isolated column pads. Larger sizes may be required based on the
structural loads;
4. The soils under exterior footings should be protected from freezing
following the requirements of the local area building department and
the Uniform Building Code for this type of construction;
5. Backfill along stem walls and should be compacted .
SLABS -ON -GRADE
The building will have structurally supported floors. Only minor exterior slabs
are currently planned. The soils which will provide support for slabs -on -grade are
expected to be well compacted overlot grading fill.
We recommend the following precautions for construction of slabs -on -grade
at this site:
1 Slabs -on -grade can bear on overlot grading fill constructed as
discussed under "Site Grading";
2. The usual gravel layer under a slab -on -grade should be omitted to
reduce the risk of water finding its way under the entire slab from a
single source;
3. Slabs should be separated from the foundation with a slip joint which
allows free vertical movement of stabs:
4. Frequent control joints should be provided in all slabs to reduce
problems associated with shrinkage. The American Concrete Institute
(ACI) recommends control joints be provided at 15 to 20 feet intervals
in both directions:
COLORADO WEST
ZTLT GS -21 e- 5
5. Exterior patio and porch slabs should be designed to function as
independent units. Movement of these slabs should not be
transmitted directly to the building foundation.
These precautions will not prevent movement in the event the underlying soils
become wetted, however, they tend to reduce damage if movement occurs.
SURFACE DRAINAGE
Performance of foundations and concrete flatwork is influenced by moisture
conditions within the soils. Surface grading should cause rapid run-off of surface
water away from the building in all directions. Snow from the roof or plowing should
not be piled adjacent to the building. The following precautions should be observed
during construction and maintained at all times after the construction is completed:
1. Wetting or drying of open excavation should be avoided;
2. Water should not be allowed to pond adjacent to the building. The
ground surface surrounding the building exterior should be sloped to
cause rapid run-off of surface water away from the buiidina. We
recommend a finished ground surface slope of at least 12 inches in
the first 10 feet;
3. Plastic membranes should not be used to cover the ground surface
immediately surrounding the building. These ;membranes tend to trap
moisture and prevent normal evaporation from occurring. Geotextile
fabric such as Mirafi or Typar can be used on the ground surface
immediately surrounding the building for weed growth control while
allowing evaporation to occur;
4. Roof downspouts, drains and other water collection systems shouid
discharge well beyond the limits of all backfill. Splash blocks or
extensions should be provided at all discharge locations;
5. Snow from the roof or snow removal should not be piled adjacent to
the building.
COLORADO WEST
CTLT GS -2184
42 •
6
ARALEX
Resources, Inc:
621 17th Street, Suite '1125
Denver, Colorado 80293
(303) 292-5636
FAX (303) 292-5382
July 25,, 1997
Shirley Chavez
General 'Partner
The Colorado 'Timber and Land Company,
Remington_• Square: Business Center
129•.West .4th Street
Rifle,. CO 81650
RE: Right -Of -Way Agreement
Dear Shirley:
P.O. Box 338
Ignacio, Colorado 81137 •
(970) 563-4000
FAX (970) 563-4116
RLLP ifs tt t cxxyw Y
Attached is the right-of-way agreement which has been fully' executed
by both :parties. 5. have enclosed a second, original agreement for
you to sign and record.The one I. received from you had an error on
the notary. acknowledgment
soon 'as we -- receive ` ;the-' Dougherty' et al 'letter, ' I' will forward a
'copy : to you. When l; spoke- with Harold about , the letter, he sounded
most: agreeable to::signing .it.
Agai:n, .pleaseaccept our sincere` apologies for our delay in , getting
this agreement out to you It cameupon us at' a very busy time , and
we.:.have been :extremely short. handed ` this ` year If,.. you have any
questions_ or if I can assist you in any., way, please call me.:
Melanie Morris, CPL,.
Land Manager
AGREEMENT
THIS AGREEMENT is made and entered into as of this 544'' day of
J1 , 1997, by and between MARALEX RESOURCES, INC., with
offices at 621 Seventeenth Street, Suite 1125, Denver, Colorado 80293
(hereinafter called "Maralex"), and THE COLORADO TIMBER AND LAND
COMPANY, RLLP, Remington Square Business Center, 129 West 4th Street,
Rifle, Colorado 81650 (hereinafter called "Colorado Timber").
WHEREAS, Maralex owns a right-of-way (hereinafter called the
"ROW") providing for access through, among other lands, Section 8 of
Township 7 South, Range 100 West in Garfield County, Colorado,
pursuant to the terms of that certain Agreement dated April 1, 1991,
by and between Maralex's predecessor in interest, LFC Gathering
System Company, and Harold C. Dougherty, John V. Dougherty and -VN
Ranch (hereinafter called "Dougherty et al"), recorded in Book 822,
Page 4 of the Garfield County records; and,
WHEREAS, Colorado Timber is desirous of using the ROW to access
the Dale Albertson property located in Section 7 of Township 7 South,
Range 100 West, Garfield County, Colorado, for the purpose of
harvesting timber; and,
WHEREAS, Maralex is agreeable to sharing the ROW under certain
terms and conditions described below.
NOW, THEREFORE, for good and valuable consideration, the receipt
and sufficiency of which are hereby acknowledged, the parties agree
to the following terms and conditions upon which the ROW shall be
shared:
1. Maralex does hereby grant to Colorado Timber, its successors and
assigns, permission to fully use and enjoy the existing ROW roadways
for the purpose of harvesting, removing, hauling and transporting
timber from the Lands; to have and to hold the said ROW unto the said
Colorado Timber, its successors and assigns, for a period of one (1)
year from the date hereof, but only for so long as the same is used
for the purposes herein granted.
2. In consideration for the right of access through Section 8, T7S-
R100W, Colorado Timber shall pay to Maralex the sum of One Thousand
Five Hundred and No/100 Dollars ($1,500.00) to be paid upon execution
and delivery of this Agreement by Colorado Timber.
3. The terms of this Agreement are expressly made subject to
receipt by Maralex of written approval of such from Dougherty et al.
4. Colorado Timber shall comply with the following additional terms
and conditions:
a) Maralex shall furnish Colorado Timber with the
combination to the locks on the gates and Colorado Timber
will not change the locks or lock on any of the gates nor
affix additional locks of any kind. There will only be
one (1) lock on each gate. Colorado Timber's employees
and agents shall be authorized to have and know such
combinations or to possess a key to such locks; however,
use thereof shall be limited solely to the operations of
Colorado Timber;
b) Colorado Timber's use of the ROW shall be limited to
existing roadways. Colorado Timber shall not enter upon
the surface estate owned by Dougherty et al (the "Surface
Estate") except as may be required in the day-to-day
operations of the terms of this Agreement;
c) Colorado Timber shall not allow any unauthorized
personnel to use the ROW, in particular being mindful that
friends, family and acquaintances of Colorado Timber's
employees are not authorized personnel. Salesmen,
sightseers, and other persons not working for Colorado
Timber or its agents are not authorized personnel.;
d) Colorado Timber's employees, subcontractors and/or
agents shall:
i) not consume any alcoholic beverages of any
kind on the ROW or the Surface Estate of the
Lands;
ii) not permit any litter to accumulate or
remain on the roadways or on the Surface Estate;
iii) not hunt for wild game of any type or
chase wild game with dogs on the Surface Estate;
iv) not fish on the Surface Estate; and
v) not carry any firearms of any kind, except
as may be reasonably required to provide
security for their equipment and facilities on
the ROW or Surface Estate.
5. In conjunction with its operations, Colorado Timber shall:
a) Immediately repair damage to fences, gates or cattle
guards caused by its employees, agents or other persons
under its supervision and control;
b) Compensate Dougherty et al for injury or death to any
livestock caused by its employees and/or agents or other
persons under its supervision and control; and
c) Comply fully with the terms of any rehabilitation
plans now in existence or imposed by any governmental
entity which has jurisdiction over the Surface Estate.
6. Maralex shall not interfere with or obstruct the operations of
Colorado Timber in any manner, nor shall it allow any agents,
2
personnel or other persons under its supervision and control to
interfere with or otherwise obstruct Colorado Timber's operations
under this Agreement. Colorado Timber shall not interfere with or
obstruct the operations of Maralex in any manner, nor shall it allow
any agents, personnel or other persons under its supervision and
control to interfere with or otherwise obstruct Maralex's operations
under this Agreement.
7. In the event of default by Colorado Timber as to any of the
terms and conditions of this Agreement, Maralex shall notify Colorado
Timber of such default and Colorado Timber shall have thirty (30)
days after receipt of such notice of default within which to cure
such default. In the event such default is not of a nature which can
be cured within thirty (30) days, Colorado Timber shall promptly
commence to cure such default and shall proceed promptly and
diligently to cure such default, even though such curative work may
extend beyond such thirty (30) day period. In the event that
Colorado Timber does not cure a default within the thirty (30) days
set forth or, as to a default which cannot be cured within such
thirty (30) days, does not proceed promptly and diligently, then
Maralex shall have the right to terminate this Agreement upon thirty
(30) days notice.
8. Any and all damages, loss, injuries, deaths and defaults under
this Agreement shall be cured to the satisfaction of Maralex and
Dougherty et al. Failure to do so shall constitute grounds for
termination of this Agreement upon thirty (30) days notice. Colorado
Timber shall indemnify and hold Maralex harmless from and against any
and all claims, losses, demands, and liabilities arising out of
Colorado Timber's operations and conduct on the ROW and Surface
Estate.
9. Notices hereunder shall be in writing and delivered in person or
by United States mail, courier service, telegram, telex, telecopier
or any other form of facsimile, and addressed to such parties at the
addresses listed in this Agreement.
10. Colorado Timber, its successors and assigns, shall have the
right to terminate this Agreement upon thirty (30) days written
notice to Maralex.
11. The parties acknowledge that this instrument constitutes the
entire agreement between them, and that neither party has made
representations, warranties or agreements other than as set forth
herein.
12. This Agreement may be executed in counterpart, each of which
when so executed shall be an original, and both of which together
shall constitute one and the same instrument.
IN WITNESS WHEREOF, the parties have executed this Agreement as
of the day and year first above written.
3
MARALEX RESOURCES, INC.
'Hare, President
THE COLORADO TIMBER AND LAND COMPANY, RLLP
STATE OF COLORADO
SS
COUNTY OF ] ?3 VES )
The foregoing instrument was acknowledged before me this 46‘
day of,,J / , 1997, by A. M. O'Hare, as President of
Maralex Resouices, Inc., a Colorado corporation.
Witness my hand and official sea
Notary Public
My Commission Expires:
/0— 7_ 9
STATE OF COLORADO
COUNTY OF C-"RF'I t LD
)
) SS
)
The foregoing instrument was acknowledged before me this
day of Au&urr- , 1997, by kora goee.Ys
as GCNts4r. P+4RTNt4 OP GoL•o4.4to TiMesR ,4.,vo 1.4.vo (o.a640 , v, QLLP
Witness my hand and official seal.
My Commission Expires:
7- e-4,9(
SeAr. .3..6, iovo NotaryY Public
4
621 17th'Street,.Suite 1125
Denver, Colorado 80293
(303) 292-5636
FAX (303) 292-5382.
July 28, 1997
Shirley:Chave,z.
General Partner:
Colorado Timber and Lard Company,. R ,Lr
Remington'Squar.e Business Center:
129 West 4th Street
Rifle, CO 81650,
RE: Right -Df -Way Agreement
P.O. Box 338
Ignacio, Colorado 81137
(970) 563-4000
FAX. (970) 563-4116
Dear Shirley.
Enclosed is : a . copy of, Maralex ` Resources, Inc.' s letter dated July 15, .l
1997,..which .hash, -been fully executed and agreed to by, "Harold `-C.
Dougherty, John V Dougherty and Elizabeth .Stuller. The letter in
effect authorizes ;.The Colorado ,Timber' -and' Land Company, 'RLLP to share
the right-of-way grantedon behalfof said. parties ,to Maralex
Resources Inc.
Siceely,'
elanie Mor
Land.. Manage
V
is,, CPL
ARALEX
Resources, Inc.
621 17th Street, Suite 1125
Denver, Colorado 80293
(303) 292=5636
FAX (303) 292-5382
John V.'Dougherty
1453 12-1/2 Road
Loma, CO 81524
-VN Ranch
c/o Elizabeth Stuller
2270 J Road
Grand Junction, CO 81505
RE:
July 15, 1997
Harold C. Dougherty,
2250 J Road
Grand Junction, CO 81505
Right -of -Way Agreement dated April 1, 1991
Sections 8, 9 and 17, T7S-R100W
Garfield County, Colorado
Ladies/Gentlemen:
P.O. Box 338
Ignacio, Colorado 81137
(970) 563-4000
FAX (970) 563-4116
111.r fiD .17P7n
JUL 2 8 1997 `,R`
EKE
Reference is made to the above Agreement between yourselves and LFC
Gathering System Company. Maralex Resources, Inc. succeeded to the
interest of LFC effective October 1, 1996.
Recently The Colorado Timber and Land Company, RLLP, approached Maralex
with a request to share the right-of-way across Section 8 to access the
Dale' Albertson property where they have contracted to harvest timber.
Colorado Timber has estimated it will take no more than one year to
complete the work. They plan to remove the timber primarily by
helicopter from the Albertson property.
Maralex is agreeable to sharing the right-of-way with Colorado Timber
and has prepared an agreement made expressly subject to the terms of our
Agreement dated April 1, 1991. The agreement with Colorado. Timber
specifically states that any damages or injuries caused by them must be
remedied to your satisfaction. Therefore, it is our opinion that it is
not necessary for you to sign a separate agreement with Colorado Timber.
Please document your agreement to have Colorado Timber share the right-
of-way by signing and.dating where indicated on the following page and
returning one copy of this letter to the above Denver address. Thank
'you for your assistance.
Very truly yours,
404:tie
Melanie Morris, CPL
Land Manager
John V. Dougherty
Harold C. Dougherty
-V Ranch
July 15, 1997
Page 2
THE UNDERSIGNED HEREBY CONSENT TO THE COLORADO TIMBER AND LAND COMPANY,
RLLP, SHARING THE ABOVE REFERENCED RIGHT-OF-WAY.
-"kYk./ V
hn V. Dougherty
6)„k ---1.-;f
arold C. Doughrty
-V!J Ranch
By
Date
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