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HomeMy WebLinkAbout1.0 ApplicationAPPLICATION Special Use Permit GARFIELD COUNTY PLANNING DEPARTMENT 109 Eighth Street, Suite 303 Glenwood Springs, CO 81601 Telephone: 970.945.8212 Facsimile: 970.945.7785 Submittal Date: J a. n u a r y 20 , 1998 Base Fee: 5400 o" 1)- LE ii.+ 4 (��+r+� '" ..-� 5344,/ Applicant: Colnrado Timhor g l mnd, 121 1 C Address of Applicant: 1 29 W. 4th St . R i f l e, C 0 Telephone: 9 7 0- 6 2 5- 4 4 4 0 81650 Special Use Being Requested: To Harvest Timber on Dale Albertson Ranch Zone District: Size of Property: Application Requirements: These items must be submitted with the application 1] Plans and specifications for the proposed use including the hours of operation, the amount of vehicles accessing the site on a daily, weekly and/or monthly basis, and the size of any existing or proposed structures that will be utilized in conjunction with the proposed use. Please submit this information in narrative form and be specific. 2] If you will be using water or will be treating wastewater in conjunction with the proposed use, please detail the amount of water that would be used and the type of wastewater treatment. If you will be utilizing well water, please attach a copy of the appropriate well permit and any other legal water supply information, including a water allotment contract or an approved water augmentation plan. 33 A map drawn to scale portraying your property, all structures on the property, and the County or State roadways within one (1) mile of your property. If you are proposing a new or expanded access onto a County or State roadway, submit a driveway or highway access permit. 4] A vicinity map, showing slope of your property, for which a U.S.G.S. 1:24,000 scale quadrangle map will suffice. 5] A copy of the appropriate portion of a Garfield County Assessor's Map showing all public and private landowners adjacent to your property. Include a list of all property owners and their addresses. 6] Attach a copy of the deed and a legal description of the property. If you are acting as an agent for the property owner, you must attach an acknowledgment from the property owner that you may act in his/her behalf. 7] For all applications pertaining to airports, the oil and gas industry, power generation and/or transmission industry, or any other classified industrial operation, you must submit an impact statement consistent with the requirements of Sections 5.03, paragraphs 1 thru 3; 5.03.07, inclusive: and 5.03.08, inclusive. The consideration of this proposed Special Use will require at Ieast one (1) public hearing, for which public notice must be provided. The Planning Department will mail you information concerning this hearing(s), approximately 30 days prior to the scheduled hearing. You will then be required to notify, by certified return receipt mail, all adjacent landowners and publish the notice provided by the Planning Department, in a newspaper of general circulation. Both these notices must be mailed/published at least 15 days prior to the public hearing. The applicant shall bear the cost of mailing and publication and proof of mailing and publication must be submitted at the time of the public hearing. The information contained within this application is complete and correct, to the best of my knowledge: Applicant: Date: /,4t2 ) 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 P.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 4 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 wildlifeencountered 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. U N I i R I N PRorury AND CASUALTY INSURANCE GROUP PERMIT BOND GARFIELD COUNTY, COLORADO 133308 Bond No. 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/100 (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 14th day of August, 1997. Colorado Timber and Land Company, RLLP Trinity Universal Insurance Co., Security National Insurance Co., 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 Indemnity Company i0000 North Central Expressway, Dallas, TX 75231 • P. O. Box 655028, Dallas, TX 75265-5028 214-360-8000 • Fax: 214-360-8079 -1'. ., a. .'1•�; f-4i�-yS%`23Li��' '.ih.,Ry ti+).. rY!Y: i'L?iw.. . TRIM' 7M'I` T UNIVERSAL INSURANCE COMPANIES y POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS: That TRINITf UNIVERSAL INSURANCE COMPANY cnd SECURITY NATIONAL INSURANCE COMPANY, each o Texas Corporation, one TRINITY iUNIVERSAL INSURANCE COMPANY OF KANSAS, INC., c Kansas Co; porcticAo hereby appoint TENA B. WILSON t• al Llt Z CC its true and lawful Artorne,,s]-in-r oct• r.vith full o;:;r'.c-iry to execute on its beho:i ' : and-surety-conds, endorsements or Z w amendments thereto, issued in the course of is business. and to bind the resoecrve Cc;^ sc_ r.v tereby, in amounts or penalties 00 not exceeding the sum cf - CC ONE HUNDRED THOUSAND AND no/100''':."-:-1.d �; ooa. oo Z— .. ..Dc?ars' ' ' <W EXCEPT NO AUTHORITY IS GRANTED FOR: cc Z Q1) wW Qfr 2. Bonds where Attorneyrs, aF.re s)-in-etat!%a ba-.p.ty•ari'.itte'resL. 1. Open Penalty bonds. _ r r:3 i ywf 0p IN WITNESS 1;'KEREC= TR.NITY UNlVE:,SA.L INSi,,.,A. 'Cr'/ T EC. "' • I ?: N^ = :C_ L,.,. Y .,c,,.Lc'[�':-hii-T �,..J r,L : ✓r^,AhdCE COMPANY and ZZ TRINITY UNIVERSAL INSURANCE COtv'1R- N'' CF !l -c '\:^ •-.b - ea.ar l o d ,_ estec these presents `O� 18th �'` July 94 this t. day^F'' 19 of f�DLu w¢` "1-z Z co CL:fl1 Ui JUDITH E. FAGAN. CORP? SECRETr,P,,';-S?`''VCEr,•. '; J�r,'i i W. 5URKETT, PRESIDENT 4(iiP.,RITt' FC ?..0.1111E.0.,:::401:11t TOR[+NEY .�_ Thor TRi:ii- U.I.:RSAL S: t o-7et - ,CChE-NY, each a Texas Cor:;Orcti0,., ono IKIt.tiT+ _ , Ps- tt� .�7,-`', •r' ' � Plsf`is ..-s iNc., c KL`^.sCScro;.7crien, ins f cur_uance a culharify creat eo r''rCt e .a fr c, r. r'• = C c. D', the Vsr i F.1 'c''r, 1976 and Grs or. ccp c, c. } Z cf v:Trish `!'... TCi1Cr,yir,C • Z-RESOLVED; Thor e F:es:de r -r`; ;,.Y -,..c-. T _} _ !'. rr _ there Cc-'ocnies be and they ore hereby au'horized end c;npowere:PlYr ., ,,, r_, execLte, ord �rr70 such person cr persons 02 residing F n the $1-e 8!Slctes y• e s . = C_nsutirr0 CCC a0Dointina each such person its A ~+sy;t r '`ix lir' co er w C o t re c +, in c -?e and in its behcii, as <1-- u_ I St1re' ^'r',' C C{7c.r:.' nCe."C::,hC . R^, a7 ^'t y F `F c i.- „:.,..._ such 1�17C110r5 and re5lnt- O cions, Doth cs r4 r,ctl.re C, _i_ro bons cr Linden:Ix-r ,.s T [' ,.L ..1'. L. .. _7r:r1Cken by these Cc rper^ies, cs said Z Officers mcv deem pr, : ' e rcrer- of such. -r,. ° mer. .. C tt'_ .-' hcbiiityr 1O which nr pro`r �� _such Pa' ars cf a_ Attorneyr11c'+ be resrrici d, To be in eocn ..stan;'e sb_cr,'ed in _ .r a O RESOLVED, That any ono c!r .•;ticrne..a.rn-=act crib C. .=_rs cf t _ .. _ __., es, Asslstara 5ecreieries, whether or net 0 J the Secretory -- is csent, be c c'e -e ebo v c_t:Ion:e_ or _ -J= _ Cd"' -r, _ „r:f'r� ccoies of the By -!_c -.'.s cf these J< Companies cs v.eii cs any rr_<o,urer of:he L`rec7cr. CC.7.; CJ Doncs. recoQrrzar res, contracts of <O it oernni:V, and o11 c;!'er lvri'ir „ir„ C. in rt -ie. .. e r.r_ moi_ _... .. A ,..ZnverS C' a'ly cf the officers Cf these <0 Cowponies or cf At-crneys-H cc;. FRESOLVED, Th the sicnoture . env of. t. _ '.ors :_„_.r_ed _ , ere rr . . cy ce ccs:mde sicnatures cs fixed O- Z cr reproduces 'oy an'y form „ p�r•c or;rrtirr n cr, . c-oes ai 7'ne persons hereinabove (0 1-1:6-1 LU I—I--1, the undersioned, Corp. Eac•-Etary of Trinity ! r ivr -_Cr thsurboce Cc Eec., a'.. ,at:Cnc.i Insurcrce Company and Trinity Universal lnsuronce Company r Kor _ ,_. 'Arc . rere.v cer.,rr The fc' oo:rio and c -acheo power of crcrney, WHICH MUST CONTAIN 4 VALIDATING S T�-.YEMENT PR11NTEi. !N THE MARG;rS I'•EREOF IN RED INK, WITH A RED DIAGONAL fMPRINdT --• TRINITY UNIVERSAL INSURANCE — PRESENT IN !TS ENTI.,ETY. ;emcins :n full force rand hos not been revoked: and furt?,ermore !hot ;hq resoiuicn of ;'Are Eocr . of D:rec'crs set ford; th's cf c iornev s stilt in full force and effect. IN WITNESS WHEREOF. ..:e `ereun:c set m ^crd nr.,0 cfs:.ec-.e:ocs:~ile seci Cf eo.cri Ccracrcrion. CERTIFICATION OF POWER ER ATTORNEY t; is 14TH yf^ AUGUST l0 97 #sb vlTl=4GACORP. 21.&;s :SEAL, ;;'SEAL;=/j� „, ---; u�,a � NOTE: IF YOU HAVE ANY QUESTIONS REGARDNG THE VALIDITY CR : CRD!NG OF THIS POWER OF ATTORNEY CALL 214-350-135020R WRITE US AT P.O. BOX 655023. DALLAS. TX 75255-502S. B-3896 (3/92) 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 N (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) 12/94 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 companias, 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 information y no se convierte en parte o condition del documento adjunto. iS._ ti N261,M3AK` `;'.`we"'n� i3ik.... )S.:S+mtei Y'4. ..1'�tVi.1,�F�r.,.ie ti .1.1:•-"•.2-1•37 02: '281-'11 • FROM & ICE -N f&F1{ bU'&LY HL fU xst.. Timber/I=Vih•uu for A ibcrtaAri Ranch COMparlY, Limited Paine[ ng A 11,...-rc,.n ermisrld Partner 54.66 County Road 202- ,C, CO. 81630 .,f Csirierns 5.9. 16. 11, 1, 2, and 3 z ,reh 1Ranaf. 100 West 6th P.M - Submitted By Colorado Timber and Land Company, Xan Shirr Chavez. Geera1 Partner 129 West 4th Street Rise CO_ 81650 (970) 625 4440 Prepared by Ronald R. Cumtiogtan, Forester l' Signature f Date A LVYab 51 F.t6-2 L LOCATION OF PROPOSED TIMBER HARVEST The proposed timber harvest areas lies in the Kimball Creek drainage and encompasses portions of Sections 1,2,3,5,9,11 and 16 T7S R100W. 6th P.M. This is part of the lands owned by the Albertson Ranch Co. Limited Partnership. 2. DESCRIPTION OF AREA TO BE LOGGED: - Terrain - Slope - Aspect -Soils, Geologic hazards (i.e. slippage) - Streams, ponds - Wildlife (T&E species) - Property boundaries, monuments - Current access, roads - Timber types - per acre volumes - species composition - average dbh, ht, and stocking level - Other vegetation (T&E species) Terrain: The proposed harvest area varies in elevation from about 7200 feet along Kimball Creek to about 7800 feet at the highest elevation of this tract. The only live stream is Kimball Creek. Slope: The average slope where the timber is located is about 60-65%. The steepest measured was 72%_ The average, as measured from the USGS maps is 55% on all of the ground_ Aspect: Aspect is defined as the direction a piece of ground faces. In this area of Colorado and at these elevations, timber is only located on North and East facing slopes. 2 Soil: Soils description, management and grass seeding information was provided by Jim Currier of The Natural Resources Conservation Service and is as follows: NON TECHNICAL SOILS DESCRIPTION REPORT Kimball Mountain Map Symbol Soil name and description 71 Utso-Rock Outcrop complex, 40 to 90 percent slopes This map unit is on side slopes. This unit is 60 percent Utso Channery loam, and 25 percent Rock outcrop. The Utso soil is deep and well drained. It formed in colluvium derived dominantly from Green River shale. The upper part of the surface layer is channery loam about 4 inches thick. The lower part is very channery loam about 7 inches thick. The underlying material to a depth of 60 inches is very channery loam. Permeability is moderately rapid. Available water capacity is low. Effective rooting depth is 60 inches or more. Runoff is rapid, and the hazard of water erosion is very high. Rock outcrop occurs on very steep slopes, canyon slopes, cliffs, and steep mesa edges. 3 EQUIPMENT LIMITATION reflects the characteristics and conditions of the soil that restrict use of the equipment generally needed in woodland management or harvesting. The chief characteristics and conditions considered in the ratings are slope, stones on the surface, rock outcrops, soil wetness, and texture of the surface layer. A rating of "Slight" indicates that under normal conditions the kind of equipment or season of use is not significantly restricted by soil factors. Soil wetness can restrict equipment use, but the wet period does not exceed one month. A rating of "Moderate" indicates that equipment use is moderately restricted because of one or more soil factors. If the soil is wet, the wetness restricts equipment use for a period of 1 to 3 months. A rating of "Severe" indicates that equipment use is severely restricted either as to the kind of equipment that can be used or the season of use. If the soil is wet, the wetness restricts equipment use for more than 3 months. SEEDLING MORTALITY refers to the death of naturally occurring or planted tree seedlings, as influenced by the kinds of soil, soil wetness, or topographic conditions. The factors used in rating the soils for seedling mortality are texture of the surface layer, depth to a seasonal high water table and the length of the period when the water table is high, rock fragments in the surface layer, effective rooting depth, and slope aspect. A rating of "Slight" indicates that seedling mortality is not likely to be a problem under normal conditions. Expected mortality is less than 25 percent. A rating of "Moderate' indicates that some problems from seedling mortality can be expected. Extra precautions are advisable. Expected mortality is 25 to 50 percent_ A rating of "Severe" indicates that seedling mortality is a serious problem. Extra precautions are important. Replanting may be necessary. Expected mortality is more than 50 percent. WINDTHROW HAZARD is the likelihood that trees will be uprooted by the wind because the soil is not deep enough for adequate root anchorage. The main restrictions that affect rooting are a seasonal high water table and the depth to bedrock, a gragipan, or other limiting layers. A rating of "Slight" indicates that under normal conditions no trees are blown down by the wind. Strong winds may damage trees, but they do not uproot them. A rating of " Moderate" indicates that some trees can be blown down during periods when the soil is wet and winds are moderate or strong. A rating of "Severe" indicates that many trees can be blown down during these periods. PLANT COMPETITION ratings indicate the degree to which undesirable species are expected to invade and grow when openings are made in the tree canopy. The main factors that affect plant competition are the depth to water table and the available water capacity. A rating of "Slight" indicates that competition from undesirable plants is not likely to prevent natural regeneration or suppress the more desirable species. Planted seedlings can become established without undue competition. A rating of `Moderate" indicates that competition may delay the establishment of desirable species. Competition may hamper stand development, but it will not prevent the eventual development of fully stocked stands. A rating of "Severe" indicates that competition can be expected to prevent regeneration unless precautionary measures are applied. The potential productivity of merchantable or COMMON TREES on a soil is expressed as a site index and as a volume number. The SITE INDEX is the average height, in feet, that dominant and co -dominant trees of a given species attain in a specified number of years. The site index applies to fully stocked, even -aged, umuanaged stands. Commonly grown trees are those that woodland managers generally favor in intermediate or improvement cuttings. They are selected on the basis of growth rate, quality, value, and marketability. The VOLUME OF WOOD FIBER, a number, is the yield likely to be produced by the most important trees. This number is expressed as cubic meters per hectare per year, indicates the amount of wood fiber produced in a fully stocked, even -aged stand. Cubic meters per hectare converts to cubic feet per acre per year as follows: (1 in3lha= 14.3 ft3/ac). The 14.3 number is rounded up from 14.2999. The TREES COMMONLY MANAGED FOR to plant are those that are suitable for commercial wood production. Following is the seeding recommendation developed by James Currier of the Natural Resources Conservation Service and which will be used for any areas disturbed by this planned logging operation. U.S. DEPARTMENT OF AGRICULTURE CO -ECS -5 U.S. DEPARTMENT OF AGRICULTURE • CO -ECS -5 SOIL CONSERVATION SERVICE (180-12-11) COLORADO Rev. 4/92 PART 1 - GRASS SEEDING PLANNED Producer: Colorado Timber & Land Co. Planner: DDG/EJC Date: 12-20-96 Contract or Agreement. # Contract Item No. Field No. Kimball Mtn. Practice Name & No. Critical Area Ac. Irrigated Dryland X Land Resources Area 48A Range Site DF Woodland Seedbed Preparation: Method Approximate dates Julv or September Dead Litter Cover: Kind, Pounds residue needed Clean till, Finn Seedbed, Interseed, Other Disturbed Areas Seeding Operation: Drill Interseed Broadcast X Date August or October Drill Spacing Type Track Pack -up & down slope where possible Planting depth Fertilizer: Pounds actual available nutrient per acre recommended. Nitrogen (N2) Phosphorus (P205) Potassium (X) Weed Control: Chemical, Kind & Amount Mechanical Flash Grazing Dates as required Mulch: Kind Grass. Hay, or Erosion Mat Amount 4000 lbs/Ac. How applied Hand How anchored Anchored depth Seed Recommendations (1) (2) (3) Sod or Required PLS rates % of species # of seed per Species Variety Bch per acre (100%) in mixture species in mixture Mtn. Bromegrass Bromar B 19 30 5.7 Western Wlttgrass Arriba S 16 30 4.8 Idaho Fescue B 8 30 2.4 Rocky Mtn. Penstemon Bandera 6 10 .6 TOTAL 13.5 ##/acre (3) (4) (5) PLS seeding rate Total PLS lips/ Broadcast per species/Ac. Planned species planned x (1) x (2) Acres (3) x (4) 2 11.4 9.6 4.8 i.2 SCS cost shared programs such as Great Plains, Watershed activities, RC&D measures and any other program requires the use of Certified Seed (Blue Tag) is available. Remarks Streams and Ponds Kimball Creek bisects the property. There are no ponds or lakes within the project area. Property boundaries and monuments: All property monuments are in place and prior to any logging the lines will be established with flagging by employees and/or contractors of Colorado Timber Land Company. Current access and Roads Access to the property is from 1-70 at DeBeque along Roan Creek Road (Garfield County Road 204) approximately 13 miles to the Kimball Creek Road (Garfield County Road 202). Then westerly along Kimball Creek Road approximately 10 1/2 miles to landing Li. All landings and road access is on the Albertson Ranch County Road 202 and or County Road 204. However some of the logs from one of the proposed harvest areas will cross some BLM property while suspended from the helicopter. Garfield County Road 204 is a paved road as far as Garfield County Road 202. Garfield County Road is paved for a short distance and then becomes a very good dirt road as far as the Albertson residence in Section 14 of Township 7 South, Range 100 West, 6th P.M. From the Albertson residence, the road is dirt to the last landing in Sec. 9 T 7 S. R 100 W 6" P.M. To control dust (if any) by the Albertson Residence it is planned to apply magnesium chloride on County Road 202. This will be monitored and additional treatments will be done if necessary. Water will be used on the landings to abate dust. Water will be acquired from the land owner or the Colorado River. Timber Types A sample cruise was performed with an average diameter breast height (DBH) of 14.0. There is an estimated eight thousand boord feet per acre (all Douglas Fir). The density pattern ranges from 100% crown closure to 75% crown closure. Measured basal area per acre is 175 -sq. ft/acre. Under the canopy of Douglas Fir there are grasses and oak brush. There are no known listed species residing on the project area. Eagles are suspected to hunt for grouse and other food species. 6 Proposed Silvicultural Prescription By Timber Type There is only one timber type: Douglas Fir that is proposed for management with this entity. PROPOSED SILVICULTURAL TREATMENTS (Including social economic impacts) Objective 1. To provide monetary revenue to the land owner through the sale of timber. This will also allow the logger and trucking firms and other involved in the extraction process to increase jobs in Garfield County. 2. To reduce the losses caused by a wild land fire, A fire would destroy the timber values that is now present and if it is a "Hot" fire it would cause some negative impacts such as burning the organic material in the soils and would increase runoff which would lead to accelerated soil erosion. 3. To improve pasture for cattle operations. By removing part of the older large canopy we would expect to increase growth to younger, smaller vegetation such as young trees, grass and brush which will provide more grazing for cattle for a few years. 4. To improve deer, elk and other large game habitat. Every acre given the soils present, rain fall, amount of sun and number of frost free days will grow a certain amount of vegetation each year by removing a portion of the "old growth" (i.e. large trees) We are proposing transferring the growth onto younger trees, grass and brush and at the same time maintaining enough of the old growth for thermal cover so as to increase the quality of the wildlife habitat. It is proposed so as to meet these objectives. To selectively log with a helicopter on this plan area. Helicopter logging does not do any soil disturbance and therefore does not increase erosion potential on this plan area. It is proposed to selectively log all of the land where timber is present at about a 70 % removal rate. The inherent limitations of helicopter logging makes pre -marking the trees to be left difficult. Trees must be felled so that a full "turn" is present at each pick up point. Partial turns are not cost effective. Therefore operator selection of the trees to a maximum of 60% cover removal must be allowed. It is planned that all healthy trees larger that 12" will be removed and that some trees in the 10" DBH class will be removed to provide a reduction to a basal area count of 55% of the present basal area. In other words some thinning will take place in the over grounded smaller diameter trees. Increment borings were done to ascertain growth rates, a slow down of growth was seen as 40 years of age, many of the 10" DBH class trees are 50 year old or older. 7 There is a beetle infestation in the timber at this time. Some trees are dying from the beetle infestations each year and the rate appears to be increasing. Beetles do kill the trees but only because the trees are stressed for some reason. It appears the stress is caused by overcrowding and carrying more vegetation than the land will support. As part of our proposal, the land owner wants to capture all present mortality and capture future expected mortality at the entry? For the purpose of reducing extreme fire risk and preventing waste. Discussion of Reasons to Attempt Helicopter Yarding This project is a pilot project to see if the timber lands can be managed cost economically by using "small" large helicopters. Where most helicopter yarding is done the trees are larger and there is more volume per acre. Helicopter yarding is being done in places with timber the same size as we find in Garfield County at 6-8 thousand ft. elevations. A large helicopter capable of flying at these elevations would cost more than the timber values will support. This proposal is to use a Bell 205 that has been modified and approved by the F.A.A. to provide more lift at these elevations. If this project works, a slightly larger aircraft will be tested; something like a K -MAX. These kind of aircraft are used mostly to fly logs down hill. This will work for this project as the existing roads suitable for hauling logs are in the canyon floors. The advantages of helicopter yarding is that no ground disturbances occur on the steep 60-80% slopes where the timber occurs. The helicopter does not touch the ground and lifts the logs straight up therefore there will be no damage to the residual trees both large an small therefore no artificial regeneration will be needed as the ground already has enough natural regeneration in place. The major disadvantages are helicopter yarding is not cheap and it is noisy. While developing this proposal the treatment of stash, utilization standards, need for regeneration etc. was studied. The slash disposal parameters studied included flying entire trees to the landing, put the material through a processor and burn or chip unutilized portions of the tree on the landings or to lop and scatter the slash where the tree is felled. Another proposal is for lopping and scattering at the tree location to take place. All slash is to be lopped to generally 30" in height and concentration to be scattered. The reason for this is to allow the smaller type of material which contain most of the stored nutrients to decompose and build up the soils as well as add organic material to the soil. This option was selected as the best, environmentally and economically. The planned utilization standards are to take all material that is 33 1/3% sound and to take all tops down to 7" inside bark and 10' in length. The reason for this standard is a balance between cost of flying logs and economic return. 8 The felling system that is planned is to use conventional hand felling with chain saws to a maximum 8" stump Height (measured on the uphill side). Stream course buffer strips will be established with 50% of the over story left to provide shade. Trees will be felled away from the stream course channel. All under story will be left intact to act as a filter zone. These buffer strips will be 50' each side of all drainages that run water year long and 25' on all seasonal water courses. Wildlife Impacts By taking the over story the growth potential of the ground will be transferred to the younger smaller vegetation there by increasing grazing and foraging. With a partial cut to not exceed 70% we expect to maintain thermal cover for Iarge game and to protect habitat for the raptors, hawks; eagles, goshawks, owls, etc. Just being there will create impacts on the wildlife but by leaving some vegetation for thermal cover, protecting the stream side zones and increasing young growth it is estimated that impacts to wildlife will be minimal and of short term. The deer fawning and elk calving season is mid-May to Early June and if operations occur during these times the areas will be monitored and areas where animals are concentrated will be avoided until after the fawning and calving season. There will be a significant increase in small rodents due to micro openings and cover (slash) which will benefit the raptors by increasing their food source. Deer normally do not fawn on these kind of slopes, they look for meadows on gentle ground. Post Harvest Conditions Defined From a distance the timber stand will appear to be unchanged. The existing residual trees will be free to grow and with decreased competition for the available water, nutrients and sunlight increased growth on younger trees is expected. There will be fewer dead trees present in the stands and there will be less mortality expected to happen for a few years. Because of the slash on the ground there will be more risk of fire during the year of logging_ After the first winter and compaction of the slash due to snow, that risk will disappear. Over the next five years after logging, more organic material will be present in the soil and increased available water holding capacity is expected. 3. Proposed Logging Systems: - Systems used (conventional, cable, helicopter, etc.) -Cutting system (saw, shear, etc.) - Limbing and bucking in the woods or whole tree skidding -Proposed haul system - road locations, both existing and planned -road specifications (grade, width, surface, etc.) - (USFS spec.: 14' wide, 6-8%<grade, base=6-8" gravel) -expected number of loads per day - maintenance requirements (dust abatement, shut down criteria) - stream crossings (#, type, locations on map) - public access and safety considerations 9 Helicopter logging is proposed to existing roads, new landings are proposed for construction. Conventional felling with chain saws is proposed. In the event that this type of helicopter logging is successful at some point is is expected that falling with articulated shear machines will be proposed and given a try. Limbing or bucking will occur where the trees are felled. Lopping to less than 30 inches is required and spreading of the slash away from residual trees. There will be some limbs left on the logs to be flown ( the ones underneath the logs) that will be severed at the landings. The slash generated at the landings will be piled and burnt when it is safe to do so. Proposed Haul System The logs are to be flown to landings on existing roads where the logs will be decked or loaded onto conventional trucks for transport to a sawmill. Access to the property is from 1-70 at DeBeque along Roan Creek Road (Garfield County Road 204) approximately 10 miles to the Kimball Creek Road (Garfield County Road 202). Then westerly along Kimball Creek Road approximately 10 miles to the landings labeled Ll to L5. Road 204 is paved to road 202. Road 202 is paved a short distance and becomes a very good nativematerial road to the Albertson residence in Section 14. From there to the landings it is a dirt road with very little traffic. It has been used to haul forest products in the past. It is planned to prevent dusting where the road passes the Albertson residence by placing magnesium chloride on the road and to water the landings where the helicopter is being used. There will be minimal road construction on this proposed project, there is an existing service road that will be utilized to each of the proposed landings. However a road specification list is attached that shows the standards of road construction by the Colorado Timber and Land Co. Stream Crossings There will be no new stream course crossings. 30 Public access and safety considerations This proposal, as previously stated is a i project using helicopters for logging. Helicopter logging attracts attention from the public. This project is out at the end of Kimball Mountain, and will occur on private property that does not have public access but still must be considered as an "attractive nuisance". As there will be a lot of people who want to see what is going on, there is a risk of a log dropping from the aircraft while in flight. There also is extreme danger on the landings when the logs are being dropped. Signs advising the public of extreme risk and signs prohibiting entry into these areas wiII be posted. The pilots of the aircraft will need to alter the flight path to avoid public trespasses, electric power lines, gas and oil well heads and transmission devises. This requirement will mitigate risk to the public. The increased hauling of forest products on Garfield County roads will create impacts on other county road users. Hauling of forest products is legal. Fuel and license taxes are available to help pay for maintaining roads. A system of sign posting to warn other county road users is considered to be necessary and we would like advise from your transportation planners as to the signing system. 4. Proposed Rehabilitation Guidelines_ - Closure of skid trails and haul roads? - Revegetation of roads, skid trails, landings, etc. - Reseeding (for erosion and noxious weed invasion) -Replanting requirements There will be no "skid roads" to close as helicopter yarding will be utilized. The haul roads on this pilot project are all existing. After hauling is complete the roads will be inspected and drainage features will be added or rebuilt as needed to prevent any erosion from this operation. Landings will be sloped for drainage; ripped to alleviate compaction and seeded with grass seed as suggested by the Natural Resources Conservation Service. A mixture of Mtn. Brongrass 30%, Western Wheat Grass 30%, Idaho Fescue 30% and Rocky Mtn Perrnsteamin 10% applied at 15 lbs to the acre by Broadcast seeding and covered with grass, hay, or straw. Hand spread at the rate of 2 tons/acre. All disturbed areas i.e. landings will be inspected for two years and any noxious weeds sprayed. The landowner will be doing this work. Replanting will not be necessary because of this project. Our cruise sampling shows that the areas to be logged is well stocked with natural regeneration that will be released and free to grow. 5. Schedule of Operations: -Approximate annual cut -Start and stop dates -Seasons of operation (wildlife impacts?) This proposal is to helicopter log using a Bell 205 (modified) to a super 205. Approximately, this ship can log 100,000 board ft. (MBF) per day and will work an estimated 140 days per year for a total of l4mm bd ft possible annually. This pilot project does not have that much timber. Therefore, if this project works out economically, and environmentally, there will be more project proposals submitted. It is anticipated that no operations will occur in the thaw and melt periods in the spring or in the raining and pre -freeze conditions in the fall which incidentally is about the same time as the general big game hunting season. The helicopter also will not fly, for safety reasons, on days of high wind (over 30 knots). It is also anticipated that during the winter on days that a storm is in progress the ship will not be able to fy. And during the summer, on days of high temperatures and extreme fire danger the ship will not tly. Making the estimate of 140 flying days optimistic. This proposed project is in scattered areas all on Albertson Ranch Co. lands that is shown on the attached map. It is estimated that 300 acres are to be cut with a yield of 8 mbf per acre. 6. Potential Impacts and PIanned Mitigation: - Soil and water resources -Fish and Wildlife Habitat -endangered plant/animal species? -hunting season impacts - Fire protection (fire district?, stop logging criteria?) -reimbursement to county for cost of fire suppression due to logging activity? - Neighboring landowners and communities -Recreation and aesthetics -County/State infrastructure impacts (roads, bridges) -Ton/mile fees? IMPACTS Streams A stream side buffer zone is established for 50' on either side of Kimball Creek. This is the only live stream within the resource area. Noise While there will be some noise created during the logging process, it should be minimal and limited to subject lands. There will be no impact to adjacent lands. 12 Dust As mentioned previously, magnesium chloride will be used to inhibit dust along all roads close to residences. Wildlife Habitat The overall effect on deer, elk and other wildlife will be vastly improved by the removal of both live and dead timber. There will be significantly more grazing once the timber has been removed and the grass reseeded and release of native vegetation to increase the amount of "browse" for wildlife and grass for domestic animals. This will also make for much greater calving protection for elk and overall make their habitat much more palatable. Noise and activity may initially cause the deer and elk to move a short distance from the logging operation for a very few days. However, they will then return and not be disturbed by the noise. Rare and Endangered Species Suspected to occasionally use the proposal area are Goshawks, Flammaluated Owl and Eagles. No nestings were observed, I do think the area is used as hunting grounds for all of the listed species. There will be a short-term negative impact for hunting by these species. There will also be a long-term beneficial impact for those same species. Because there will be increased young growth, vegetation and cover (slash) there will be a buildup of critters such as mice, rabbits, voles and wood rats. All are prey to the raptors and will provide an additional food source. The Colorado's Department of Fish and Game was contacted; they have concerns about nesting sites of Raptors on the area and suggest that nesting surveys be done with modifications to "cut areas" and on operating periods if necessary. This job will be done in the Spring when the birds are nesting. This work should not be necessary during the fall or winter. There should also be more birds building up populations such as grouse and other woodland species that feed on grasses and seeds. These species are also prey for the raptors. It is not anticipated there will be an impact on the general hunting season for Elk and Deer as generally this time of the year is when the wet season occurs and before freezing when operations will cease to prevent damage to roads and landings. On this project, the landowner does not allow hunting other than family and they will avoid the logging job. 13 Adjacent Lands There will be no measurable impact on adjacent lands by the generation of vapor, noise, glare, vibration or other emanations. Emissions There will be no emission of heat, glare, radiation nor fumes which would interfere with any adjacent lands. Recreation The proposed harvest is on private ground so there is no public recreation impact. The sale will improve game hunting for the private landowner. Fire Protection During periods of extreme fire danger as measured by relative humidity of less than 20%, ambient air temperatures of greater than 90` F and wind speeds of more than 20 knots all felling and yarding operations will cease. Hauling may continue. At all times all internal engines shall be equipped with USDA - Forest Service approved spark arrestors. The fallers will carry a shovel that is less than 300' of where he/she is working. All motorized equipment shall be equipped with a round point shovel "0" size or larger and a double bitted ax of 2 '/21b. or larger. These tools will have serviceable handles and be reasonably sharp. In addition, during fire season, there will be an employee of the logging company present on the days operating area for thirty minutes after all operations cease for the day, whose sole duty will be to look for fires and extinguish any that may be found. The reason for this requirement is to keep any accidentally caused fire from becoming a major problem as this is the time of day when a problem may develop. Neighboring Landowners and Communities This area of impacts or mitigation is difficult to assess and mitigate because so much of it is subjective. The USD BLM is an adjacent landowner who does logging on some of their lands. Some adjacent landowners are cattlemen and some adjacent landowners drill gas wells. One of' the adjacent landowners has a summer cabin. The negative impacts on communities are increased traffic including log trucks noise from the helicopter and chain saws. The beneficial impacts are over time are less fire danger, new jobs and income to the landowner. longer. It is suggested that the positive impacts balance the negative impacts and in fact will last IL Recreation and Aesthetics The recreation potential should not be affected as the project is on private lands without public access. It is anticipated that hunting recreation potential for the landowner is increased due to better browse habitat for deer and elk. Aesthetic values can be measured as a person views the project from near view and far view less than 1/2 mile and greater than 1/2 mile to 3 miles. The near view may have some impacts if there were anyone there but because of the limited public access the impacts are minimal or less. The far view will not be changed it looks like a timbered hillside now and will continue to appear the same because of the partial cut that is planned with no scars from road building etc. Countv/State Infrastructure Impacts The hauling of logs in Colorado is legal. The truck owners pay his share of road taxes through license and fuel taxes. The heavy truck traffic may cause accelerated road surface loss. Garfield County does not have a program where they collect road use mitigation fees so it is difficult to mitigate the County. As hauling will be curtailed during the time when heavy damage occurs during the spring thaws and the fall rainy period be some freezing it is suggested that this program is mitigating problems before they are likely to occur. 7. Enforcement of Logging Plan: - Who will enforce approved plan? - Bonding requirement? - Violation notification and remediation requirements -Appeal procedure (arbitration requirements) This project is being reviewed by a consulting forester with over 37 years of experience (public and private). At the same time a forest technician is being trained to report violations of the "reserve" parts of the plan and Colorado Timber and Land Company is being urged to bring a forester on staff to enforce the terms of the contracts and permits. All contractors and subcontractors will be required to post a comprehensive liability insurance policy of one million dollars ($ 1,000,000.00) to take care of remediation requirements. Any accidental "take" of an endangered species will be reported as soon as detected to the Colorado Fish and Game Department. Any fire and subsequent action taken will be reported to the Garfield County Sheriff office, who administers the suppression efforts of Garfield County. Et is expected that any arbitration between parties to this proposal will take place in a civil court except disputes involving Garfield County and agents in which case the Board of Commissioners will have arbitration proceedings. 15 List of Attachments Water bar spacing guidelines Map showing cutting areas Map showing project boundary Road construction guidelines for new road construction Names of adjacent landowners Rights -of -Ways Copy of grant deed Road Construction Specifications for New Road Construction on projects by Colorado Timber and Land Co. Roads are to be single lane with inner visible turnouts. All seasonal roads are to be ripped and grass seeded after use and before the next winter season. All permanent year long use roads are to be rocked with 4" of 2" - rock or shale. All roads will be benched 3/4 of its width and outsloped. Road fill slopes are to be 2-1 and cut slopes are to be 1-1. All stream courses crossed will be either cleaned out and the channels restored to the original condition or A culvert installed with rock head walls that is sized 50% larger than the average end area of the maximum runoff The maximum grade is 15% except that minor stretches (less than 500 feet) may be as much as 20% to avoid obstacles. All roads will have grades that vary to provide natural drainage. Proposed locations of all roads are to be shown on Quad. 7'/ degree Map. All stream course crossing will be at 90'. 1l Waterbar Construction Standards MAXIMUM DISTANCE BETWEEN WATER BREAKS Estimated Road or Skid Trail Gradient in per cent Hazard Rating 10 or less 11-15 26-50 over 50 feet feet feet feet Severe 100 75 50 50 High 150 100 75 50 Moderate 200 150 100 75 Slight 300 200 150 100 1. Water breaks shall be cut so as to allow the discharged water into vegetative matter or large rocks (energy dissipaters). 2. Water breaks shall be cut at a diagonal at a minimum of 6" into the firm roadbed, skid trail, fire break or ETC. and shall have a continuous firm embankment immediately below and adjacent to the lower edge of the water break cut_ 3. The throat shall be open so that the water break is self -maintaining. LANDING 1 (L1) Location: SW1/4SE1/4NW1/4 SECTION 9 TP 7S, Rg 100W, 6th P.M. Elevation: 6845' Slope: 5% Size: 50' by 100' Current Vegetation: Big Mountain Sage, Serviceberry, Snowberry and grasses Timber will be flown here from: a) 37 acres SECTION 5, TP 7S, Rg 100W, 6th P.M. b) 30 acres SECTION 16, TP 7S, Rg 100W, 6th P.M. c) 5 acres SECTION 9, TP 7S, Rg 100W, 6th P.M. Timber from these areas averages 8 MBF/acre, harvest plan calls for 70% removal, therefore this landing will service approximately 400 MBF. Mitigations: 1) landing is located greater than 50' Kimball Creek. 2) area will be re -seeded with certified weed free mix at completion of project. LANDING 2 (L2) Location: SE1/4NE1/4NE1/4 SECTION 10 TP 7S, Rg 100W, 6th P.M. Elevation: 6740' Slope: 7% Size: 50' by 100' Current Vegetation: Big Mountain Sage, Grasses Timber will be flown here from: a) 17 acres SECTION 3, TP 7S, Rg 100W, 6th P.M. Timber from these areas are infested with beetles, the goal is to salvage some newly dead and dying trees, and reduce the spread of beetles. We estimate this landing will service 100 MBF or less. Mitigations: 1) landing is located greater than 50' Kimball Creek. 2) area will be re -seeded with certified weed free mix at completion of project. LANDING 3 (L3) Location: SW1/4NE1/4NW1/4 SECTION 11 TP 7S, Rg 100W, 6th P.M. Elevation: 6640' Slope: 0% Size: 50' by 100' Current Vegetation: Grasses Timber will be flown here from: a) 80 acres in SECTION 11, TP 7S, Rg 100W,6th P.M. b) 60 acres in SECTION 3 and SECTION 2, TP 7S, Rg 100W, 6th P.M. Timber from these areas averages 8 MBF/acre, harvest plan calls for 70% removal, therefore this landing will service approximately 780 MBF. LANDING 3 (L3) continued: Mitigations: 1) landing is located greater than 50' Kimball Creek. 2) area will be re -seeded with certified weed free mix at completion of project. Comments: Please note there is an existing road already going to this landing as shown on the map. LANDING 4 (L4) Location: SE1/4NW1/4NE1/4 SECTION 11 TP 7S, Rg 100W, 6th P.M. Elevation: 6640' Slope: 1% Size: 50' by 100' Current Vegetation: Big Mountain Sage, Grasses Timber will be flown here from: a) 15 acres SECTION 2, TP 7S, Rg 100W, 6th P.M. Timber from these areas are infested with beetles, the goal is to salvage some newly dead and dying trees, and reduce the spread of beetles. We estimate this landing will service 100 MBF or less. Mitigations: 1) landing is located greater than 50' Kimball Creek. 2) area will be re -seeded with certified weed free mix at completion of project. Comments: Please note there is an existing road already going to this landing as shown on the map. LANDING 5 (L5) Location: SW1/4NE1/4NW1/4 SECTION 12 TP 7S, Rg 100W, 6th P.M. Elevation: 6620' Slope: 9% Size: 50' by 100' Current Vegetation: Big Mountain Sage,Snowberry, Grasses Timber will be flown here from: a) 50 acres in SECTION 1, TP 7S, Rg 100W,6th P.M. Timber from these areas are infested with beetles, the goal is to salvage some newly dead and dying trees, and reduce the spread of beetles. We estimate this landing will service 300 MBF or less. Mitigations: 1) landing is located greater than 50' Kimball Creek. 2) area will be re -seeded with certified weed free mix at completion of project. Comments: Please note there is an existing road already going to this landing as shown on the map. PROPERTY OWNERS ADJACENT TO DALE ALBERTSON Albertson Ranch Company, a Limited Partnership Bureau of Land Management 2850 Youngfield Street Lakewood CO 80215 J. V. Dougherty, Jr. Harold C. Doughtery Elizabeth Stul1er Anna J. Hinchman Martha R. Baker Curtis L. Franklin Anita K. Urbanich Lawrence E. Crandall Shirley N. Pellett Karen J. Woolrdige c/o Elizabeth Stuller RR 2 Box 2270 Grand Junction CO 81505 Standard Shale Products Co. PO Box 1267 Ponca City OK 74602 DEC -08--97 03:38 PM MINERAL LAND SERVICES { Recorded at C � .. Cd'clesk RrKapiian N. 1tf+ (6650 970 945 0960 • FEB 1 1911 r►.. U)I'rrt only Veyyl KNOW ALL MEN UY THESE PRESENTS THAT MCI} s DER • FIrS1 Party c/O Dale Albertson P.0 Box or Sucet Address t+ 0. its State Zip P.01 >SIJt,'r4, r+ >t lrrntdnr, ifyf)ftl`C R FEB 1 1977 • Q husband and aqh 0 Or*, porton 0 a Colvrsee Co,poglion [� a Partnarahlp ae • UrWled Parinerstiip for end in consideration of ten dolters and other valuable Consideration, in hand paid, hereby sells and COiyeys 10 ALBERTSON RRNC}1 CO. Second Party .(5- Box pr Street Addreu pettectue Colorado 81b30 City State Zip •C Indl.idl,a,Iy 0 taint tenancy Q t y In con.men 0 a Cotvrsde Cereont.on Q a ParrnershIe Q at Limited Par* I L the following desCrlbed property in the County of r.xrf t earl 1. a+e.a and Stele of Colorado Se Exhibit "A" attached hereto and by reference made a part hereof. No State Documentary Fee Roquired..Consideration Lelia than 5100.00 with all Its appurtenances and warrants title to the Sarre. except and subject to general property taarl for t++e Current year. U.S. pet' nt reservations end exceptions, any and ell easements and rights of Way of a Pubile pr private nature and ptanning, zoning and other governmental rules and regulations and 'Lena and etncumbrances of record. SIGNED this &( day of JanuaryA R 19 77 ALBERTSON RANCHES CO., a Limited Partnership ..$411/44r,, Or9lbgfeefe nkygeneral partner CP - ale B. Albertson --J general partner STATE OF COLORADO I n. COUNTY OF GARFIELD The foregoing instrument was acknowledged before me this r day of —a lmar)? 18,x.3_ by Orris G. Albertson and Dale B. Albertson, general partners of ALSERTSON RANCHES CO.,, a Limited Partnership. x • '1 f l l WI1ress my hand and official seal r • Xiy..Commiasion expires. b i t fy :Cb .,... .•..:.r.. •, 1. , ti. 1794 l etaryPvbiic 0 NOT[ 11.10-1 WI. rqv..■ r,lrh N. elrw.li ,I luted• rive, p G n.I,il..quirs, .-w•111. PITrrE. rIMMfRMAN i OKILTON I.C. - Parent f DEC --08-97 03:39 Pri MINERAL LAND SERVICES 970 945 0960 P.02 sm493 pAT,f 151 tXt(13IT "e itL© ITSON RANCMS CO,, A LIMLTEQ T'AR' NCRS12FP TO ALBERTSON RANCH CO., A LIMITED PARTNERSHIP r PARCc, L I - �i.t l s: Q;iiCii ?!?0?-;�',• �. TOUTS;:L' 7 SSO.JT 7: ': JV. -:t . . �. Section 4: bw%SEi, SCIS"% Section 10: SW11, 1,:CEPTING that pert heretofore conva••rc< to U.R. by Deed recorded in the office of the Clerk and Rect.dtir o. Garfield County. Colorado ocu a -t t.'o. 149333 in Zoe:: 11.f31 at Page 117 thereof. Section 15: Ne N !+ , r+L+S:t+E , EXCEPTt2i0 the east 892 feet of scid as excepted by Deed recorded lz the office of the Clerk and Recorder of Garfield County, coloradd as Document Vo. 154012 in Book 213 at Page 408 thereof. Section 17: NE , 1a S;r . NE+NW1/4, S+INW1/4 Section 1S: WIS+1, S141sE1/4 TOWNSHIP 7 SORTS;, RANGE 99 ;TEST Or TRE SIXTR P. Section 7•: tot 2, SE$NW@. SWhX4Ek, SEtNE1/4, t+E�i5c,�t Section .8: gctt11. t c;NE14 Section 9: S FJi71i , 24,7A Section 10: NWitax, Si5t ilS, Section 117 NWhSw+i, :;IS:T:. Sw+;SEk Section 13: S+w 2r:. , N 5t•11, SETS Section 14: TOWNSHIP 7 SOUTH, RANGE 100 it S i of TH7. SrX Tu P.!4. Seetien 9: ti SE , 71:NE+s, Nns`tst. Section i11: Lfwil SzctiOn 11: s •sv�i SrC'ion 12: S1.1 DEC -08-97 03:39 PM MINERAL LAND SERVICES ti 970 945 0960 P.03 ii1044y3 FA,f 152 :111 o: 01.! tur: fits,{ cunt.:ini:%.: i. L5:..1 J alrJ,, riJ:,> c,r l.!Ja. TO::C':' '. with any and all Jir,ch .:nil aster rights' b!lo-c;inn t7, c4_.: upon or Ln c47nm.e i,.li k,kJli 0,.. .1.:ov d._.._!iu_•.i t:u'.: includincc, but not exclusival;. thv rel/0%,in-i: Priority 065 Frsshilr Ditch 2.9 c.f.s. Priority 045 Ki:b_`.il Ditch 1.5 C.f.s. Friority ;79 A.V. and D. Ditch 1.0 c.f.:. Priority 0140 A.V. and 0. Ditch 1.0 C.t.S Priority A75 Cataract bitch 2.4 c.€.9. Priority 0103 Cataract Ditch 2.3 c.f.s. Priority *79 Cauchri4n Ditch 1.4 c.f.s. Priority 1196 Gerric Ditch 1.6 c.f.s. Priority I1156BB HOaGlar,d-Frashier . Ditch 0.7 c.f.s. Priority 4147AR H.V.C. b S. Ditch 9.7 c.f.6. TOGEKTF.R with Any and all grazing rights or privileges connected with the above described property including such gra--ing ris'-it% as are presently owned by first party as established by the Bureau of Land Management on the public domain. EXCEPTING all prior mineral reservations, existing oil and yes leases, and easements and rights-of-way of a public yr private nature. PARCEL IT - SUMMER AND HINTER RANGE TOwi1$14IP 6 SOUTH, RANGE 97 WEST OF THE SIXTH P.M. Section B: Vs, Ehwil Section 9: An undivided one-half interest in the S1/23h, and all of the NI and the N1542 Section 167 An undivided one-half interest in the X;IN , and all of he S1INW4 and the SW1s Section 17: 411014 Section 27: All at Section 27 TOwNSHIp 6 SOUTH FLANGE 97 WEST OF THE SIXTH P Section 21: The East 70 acres of the NySE4 TOWNSHIP 9 SOUri, EANGE 9$ 4rEST OF THE SIXTH P.:1. Section 29: 411450$ Section 30: EhSi=4s Section 32: Ei3Nws, S,,4Eh, NiANw TOWNSHIP 10 SOUTH, RANGE 98 WEST OF THE SIYT:I P.M. $.c !,r>n 72: ;.: ;Gh -2- DEC -08-97 03.40 Ph; MINERAL LAND SERVICES 970 945 0960 P. 04 R;:.rt3 :+; I53 the ebu\•_ descrfteri j;rol•`.,. c_1Tlnq rights ..',; _ __ .,•. rcl 1 , c•.,r..,l by t'h.•: duee. to UC F1�•tlt on the public domain. EXCEPTING all prior mineral reservatt.ons or conveyancer. includ:nc ail ess.•,_;at-�, right:; -of -way, or c1'. t =..2 rlrlht'e oe,ned _1 t.'tiCa therewith. PARCEL ILI - [':'.UST. :.1±','.5 TOh SHIP 2 NORTH, p.i?:CI: 2 T7ST C' THZ UTE '•TERLDIAN Section 27: SELNwh TOGETHER with all water and water rights connected therewith includlnq but not exclusively, all stock owned by the first party in the Grand Valley Water Users Association. EXCEPT prior mineral reservations, and eeeereents or rights -of -'flay of a public or private nature. Section 33 beginning at the northeast earner of said Section 33, thence S. 0.14' W. 1314.47 feet; thence S. 0°15' W. 1313.73 feet to the East Quarter Corner of Section 33; thence S. 0°19' sC. 1315.24 feet; thence S. 89'58' W. 963.5 feet to s point (an iron pipe met in fence); thence S. 89°46' W. 1214.6 feet to a point on an arroyo which bears in a Northeasterly direction; thence as nearly as possible following the course of said arroyo, N. 55'18' E. 531 feet; thence N. 74° C. 3B3 feet= thence N. 53°20' E. 338 feet; thence N. 13°42' E. 360 feet; thence N. 36'20''E. 132 feet; thence N. 20°47' E_ 269.92 feet to a point on the East-West Quarter line of Section 33: thence along the said East-West Quarter line U. 89.46' E. 193 feet; thence N. 0'18' E. 1312.86 feet; thence S. 89°45' W. 658.73 feet; thence 14. 0°20' E. 1310.57 feet to a point on the North section line of Section 33; thence ;long the `north section line N. 89°35' E. 1312.43 feet to the point of beginning. TOGETHER with all water and water rights connected therewith incicdi:tg, but"nat exclusively, all stuck owned by the first party in the Grand Valley Water Users Association. EXCEPTING easements and rights-of-way or a public or private nature. PARCEL IV - G.M. PLr.C2R NI::I:;G CLAIMS TOWNSHIP 7 SOUTH, RAiNC;, 00 .'QST OF TKE SIXTH P.M. G.M. No. 1 Placer Claim, embracing Lots 5, 6 and 7r and the 5EIsNE[i. Section 3; G.tl. Na. 2 Placer Claim, ertefeeing Loma 8 and 11, and the E4SEis, Section 3; G.PI. No. 3 Placer Claim, erbracir.g the ANC1/4, Section 10; G.M. No. 4 Placer Claim, embracing the NE ;tails, Section 10; G.M. No. 5 Placer Claim, embracing Lo:s 7 and 8, and the S'�1i'tk, Sactjon 2; G.Gt. No. 6 P1.acnr Clain, er raci::c r.o's 5 a'td 6, and the SIINE4, Section 2: (7.'.. Ct^. 7 ,= Ssrr.r C17:7, pr^r.ic:. • LO'3 7 and 1 J.714.: two s, ^"v)rt 97,. -3- DEC -?9-97 03:40 PM MINERAL LAND SERVICES 970 945 0960 P.05 eLL:09.J FPI 151: G.?t. Ho. 8 Placer Clc m, 5 sn; 6, and tL. SW. t ion One; O.N. No. 9 Placer C1. J.-+, -:.::c ::y Cil_ Saction 11: G.M. No. 10 Placer Cliiri, �`;�r_. _� ` �' Section 11: G.?1. No. 11 Placer claim, erarac_rg NSW5. 51-7tion 12: c,.n. No. 12 Placer Claim, embracing !`+ i1NEi, Section 12; G.N. No. 13 Placer Claim, er�rac:n5 tfie Sir`:, Section Cr:a G.M. :No. 14 Placer Claim, eraracnq t':e Stq . Section 07.2; G.M. No. 15 Placer Claim, embracing the SEs, Section 2; G.ts. No. 16 Placer Claim, embracing the Seth, Section 2; TOWNSHIP 6 SOUTH, RANC7 100 WEST of THE SIXTH P.n. G.M. No. 19 Placer Claim, embracing Lot 1, the NWhNtlh and the EhNWh, Section 34; G.M. No. 20 Placer Claim, embracing the NEh, Section 34; G.M. No. 21 Placer Claim, embracing the NZ -i4, Section 35; G.M. No. 22 Placer Claim, embracing the NE1, Section 351 G.M. No. 23 Placer Claim, embracing the NMI, Section 36; G.M. No. 24 Placer Claim, embracing Lots 1 and 2, and the WhNEh,.Section 36; G.M. No. 25 Placer Clain, erbracirg Lots 2, 3 and 4 and the NEh5W4, Section 34; G.M. No. 26 Placer Claim, embracing Lot 5, the &h5Eh NW1/2SE4, Section 34; G.M. No. 27 placer Claim, embracing thr SW11, Section 35; G.M. No. 28 Placer Claim, ern rac_ng th2 sew. Sec -ion 35; G.M. No. 29 Placer Clain, e:.brac:.ng the S 1/2, Section 36: and the G.M. No. 30 Placer Claim, embracing Lots 3 and 4, and the W1/2SEh, Section 36; G.M. No. 31 Placer Claim, embracing Lot 9, the EhSEw and the UW1/23Eh. Section 29; G.M. No. 32 Placer Claim, emb rac'_zg Lots 8 and 9, and the whsU4, Section 26: G.M. No. 33 Placer Claim, embracing Lots 1, 4 and 5 and the NEhNEh, Section 32; G.M. No. 34 Placer Claim, embracing Lots 1 and 2, and the NLINJ , Section 33; G.M. No. 35 Pilcer Clain, a br,3c`_ng Lots 3 and 4, and the ': 'iEls, Section 33! DEC -00-97 03141 PM MINERAL LAND SERVICES 970 945 0960 p.06 n049;3 nrr 155 Tr) NSUf? 7 sot ';1, If1 1 1.; Trrc St;.:11 C.N. No. 17 Place •pini:ty It; G.M. No. IS Placer s[iniay Claim. crnr_.,ing :,vction 12; All of said lands tnd prcrnist.s co•+taiz d total of ,5007.29 acre:', ar;cor31.u; to the United Stew Patvrtt issued thard.fg_. ExCEPTUIG all prior mineral rss�rv,^.tions the rigm.4 kg t;:e sur`.!ce s.f,ic may be connected therewith, it being the intention of the first o.trty to convey all the rights to the surface reserved by Barney L. tilatl-ay in that certain Warranty Data bet.-e_e hins4it es grantor, and Tett;;; t...idnal Petroieam Co. ea grantee, dated .iovereba_ 1, 1958, recor:ld3 in 3o0% 312 at Page 290 of the records in the office o: the Clerk and Retarder of Garfield County, Colorado, and FURTHEk E:c.EPTiNG seaccvationa m_cie by Barney L. Whatley in a Quitclaim Deed dated :larch 15, 1966 to William J. Whetley covering G.M. No. 17 and Q.m. No. 10. PARCEL V - CUDDY TRACT TOWNSHIP 5 SOUTH/ RANGE 100 LT:"5 T 0? THE SIXTH P.M. s' -; ;.' );_ 3 0 i � • - LCtiS 7 !nil ,8, So31: Latats 5, 3, 7, 8, 9, EINt41/4. VISA, t14Jy5Ch cGntaining 425.21 acres, mote or less. TOGETHER vith a grazing permit on the Sig Salt Aliotment as granted by the Bureau of Land Management, consisting pf 413 active Mitis together 1Pith a proportionate interest in the suspended, non-use AU1S, auhiect to the Bureau of Land Management regulations and the provisions of the Allotment Management Plan. PARCEL VI - COLORADO CARBON CO 4P 7UY TRACT Tract 51 in Townships 6 end 7 South, Range 100 ties` of thr Gth P.M., according to the Independent Resurvey of said Townships approved and accepted an January 23, 19231 also described as the NWhp SWC Section 32, Towashi? 5 South, Range 100 Hest of the 6th P.M., and UUsi, SES Section 5; NZ' . S`a`t Section 5, all of Section 7; NA Section 5, Township 7 South, Range 100 hest cf the 6th P.M., containing 1899 acres, more or less. `J DEC -08-97 03:41 PM MINERAL LAND SERVICES 970 945 0960 P.,07 acrerrtrmr Nn 111i11l 11111111111111111111111111111111 111 11111 1111 1111 Reserdader 9931111 92/27/1997 12:33P mete P393 132 1 of 2 R 22-25 Q 75.30 N 2.9s CA FIELD COUNTY eLEI_^ WARRANTY DEED GRANTOR• I(rmball Mountain OvsfiRey LLC, A Limned Lleblby Company whose address Ig 144 Covoly Road 202, D*Beque, Coloreds 64630 'County of Mesa , and State of Colorado , Tor the cons;dermon of THREE HUNI7MEO 6IXTY THREE THOUSAND AND I1 ,t00 dollars. to hand paid. hereby sell(s) rad ctn' y(i) la GRANTEE: Alb*rsesn ftsnt:h C .. A l.&nsad P*Anaraktp *bore least address ]s 5041 only Ftafd 2D2, Defequa, Colorado enno 3q3 'County of Meta and Stale of Colorado the following real property. to the 'County of Garh*Id and Stare of Cnlnredu• to wit I,ECAL DESCRIPTION ATTACHED llLw:TO AHO iiAnE A PART HEREOF 'Together with any and 4IF water, water reghla, ditch** and ditch or' eppanalnIng Iherel0 101 tiled In Connection p+erew 1h. alga known by the Creel and number H Vaunt Lend , Garfield Count', , Colorado wlrh all Its appurtenances. and *sarongs) (hc title So the same, subject to current year rest property taus end all ■ub.uquani laan, ;peasal saieaarn*M4, eorananlc, r*etrlcltona, reservsbnns end •siRrnfstf, and rights of wayexisting or apperanl. ar of record 11 any Signed this 2e1h day of February .1 07 Cote a Albertson of Kimble Mountain Outtlaern LLC, A Lamed UebtM, Company STATE OF COLORADO Cony of MESA IA .1' The foreanrni rns rurnenl res sekrtvd rIlhi 2e 1h day of February 19 g7 . sY• Del* e. Alber[son ni,limbos N . rtl L' yt(llLaflta/1r4t11 LlItIIy Compri/ trey Go T10t3$1Cl 'PON l2.03r00T r.,t r.'cI. L Flow/lingj w.., .w.. 4q� 3 0 M y Ce+arel IMn ttpsrer t2/9rv7 'IT rn sen+er, toren -City and' Wlrnan my hand an Na mime, Me! WARRANTY DEED t3han Fenn) DEC -08-97 03:41 PM MINERAL LAND SERVICES 46. 970 945 0960 P. 08 In Township Seven u South, taus One Hundred (100) Wast of the 6th P.M. G.M. No. 1 Placer Claim, embracing Lots Five (5), Si>< (6) and Seven (7), end the Southeast Quarter (SE/4) of the Northeast Quarter (NE/4) of section mires (3); C.M. No. 2 Placer claim, embracing Lots Eight (9) and Eleven (11) and the East Half (E/2) of the southeast Quarter (5E/4) of section Three (3); G.M. No. 3 Placer Claim, embracing the North Haft (N/2) of the Northeast Quarter (NE/4) of Section Ten (10); :,a m G.M, No. 4 Placer Claim, embracing the Northsast Quarter (NE/4) of ,,,�;,_ the Northwest Quarter (NW/4) of Section Ten (10); 3/...G.M. No. 5 Placer Claim, embracing Lets Seven (7) and Eight (6) and tove e1. the South Half (S/2) of the Northwest Quarter (NW/4) or Section Two (2); G.M. No. 6 Placer Claim, embracing Lots Five (5) end Six (5) and the erl_ South Half (S/2) of the Northeast Quarter (NE/4) of Section Two ui (2); r.•� G.K. No. 7 Placer Claim, embracing Lots Seven (7) and Eight (9) and • g ~ : the South Half (s/2) of the Northwest Quarter (NR/4) of Section "-� one (1); Z r G.M. No. a Placer Claim, embracing Lots Five (5) and Six (6) and the a .T South Halt (5/2) of the Northeast Quarter (NE/4) of Section One g.T' (1); 4°°1 G.M. No. 9 Placer Claim, embracing the Nortr Half (N/2) of the Northwest Quarter (111.1/4) of Section Eleven (11); G.M. No. 10 Placer Claim, embracing the North half (N/2) of the 11,; Northeast Quarter (NE/4) of Section Eleven (11); Nis G.M. No. 11 Placer Claim, embracing the North Half (N/2) of the a Northwest Quarter (HW/4) of Section 12; _T G.M. No. 12 Placer Claim, embracing the North Half (N(2) of the Northeast Quarter (NE/4) of Section 12; a 4 G.M. No. 13 Placer Claim, embracing the Southeast Quarter (SE/4) of Section One (1); G.M. No. 14 Placer Claim, embracing the Southwest Quarter (SW/4) of Section One (1); G.M. No. '15 Placer Claim, embracing the Southeast Quarter (52/4) of Section Two (2)- G.11. No. le Placer Claim, embracing the Southwest Quarter (SW/4) Of Section Two (2); In Tovnehip Six 0) South, Range One Hundred (100) West of the 6th P.M. G.M. No. 19 Placer Claim, embracing Lot Ons (1), the Northwest Quarter (NW/4) of the Northwest Quarter (Nu/4) and the East Half (E/2) of the Northwest Quarter (NN(4) . of Section Thirty-four (14); G.M. No. 20 Placer Claim, embracing the Northeast Quarter (NE/4) of Section Thirty-four (34); G.M. No. 21 Placer Claim, embracing the Northwest Quarter (NW/4) of Section Thirty-five (35); G.M. No. 22 Macer Claim, embracing the Northeast Quarter (NE/4) of section Thirty-five (35); G.M. No. 23 Placer Claim, embracing the Northwest Quarter (NW/4) of Section Thirty-six (36); G.M. No. 24 Placer Claim, elibrecing Lots One (1) and Two (2), and the wast Half (11/2) of the Northeast Quarter (NE/4) of Section Thirty-six (36); G.M. No. 25 Placer Claim, embracing Leta Two (2), Throe (3) and Four (4), and the Northeast Quarter (NE/4) of the Southwest Qurter aa SW/4) of Section Thirty-four (34); G.M. No. 26 Placer Claim, Embracing Lot rive (5), the East Half (E/2) of the Southeast Quarter (6E/4) and the Northwest Quarter (NW/4) of the Southeast Quarter (SE/4) of Section Thirty-four (34); G.M. No. 27 Placer Claim, embracing the Southwest Quarter (SW/4) of Section Thirty-five (35); G.M. No. 20 Placer Claim, embracing the Southeast quarter (SE/4) of section Thirty-five (35); G.M. Ho. 29 Placer Claim. embracing the Southwest Quarter (5W/4) of Section Thirty-six (36); G.H. No. 30 Placer Claim, embracing Lots Throe (3) end Four (4) and the West Half (W/2) of the Southeast Quarter (5E/4) of Section Thirty-six (26); G.M. No. 31 Plscar Claim, embracing Lot Nine (9), the East Half (E/2) or the Southeast Quarter (SE/4) and the Northwest quarter (1414/4) or the Southeast Quarter (S2/4) of Section Twenty-nine (29)• G.M. No. 32 Placer Claim, embracing Lots Eight (a) and Nine (9) and the West Half (W/2) of the Southwest Quarter (SW/4) of Section Twenty-eight (30)1 G.K. No. 33 Plaear Claim. embracing Lots One (1), Four (4) and Five (5) and the Northeast Quarter (N£/4) of the Northeast Quarter (NE/4) of Section Thirty-two (32); G.M. No. 34 Placer clear embracing Lots ons (1) and Two (2) and the North Half (N/2) of the Northwest Quarter (NV/4) of Section Thirty-three (37); G.M. No. 35 Placer Claim, embracing Lots Three (3) and Four (4) and the North Half (N/2) of the Northeast Quarter (N2/4) of Section Thirty-three (33). AGREEMENT This Agreement, dated effective this 25th day of August, 1997, is by and between the COLORADO TIMBER AND LAND COMPANY, RLLP, A Registered Limited Liability Partnership AND ALBERTSON RANCH CO, A Colorado Limited Partnership. RECITALS A) CTLC is interested in buying standing timber. B) Albertson is interested in selling standing timber. AGREEMENT For good and valuable consideration, the sufficiency of which is hereby acknowledged, the parties agree as follows: 1) Albertson has title to timber in the following parcels: See Exhibit "A" Attached Hereto and Made a Part Hereof 2) Albertson will acquire a written agreement from Harold Dougherty for commercial access across Dougherty lands for removal of timber from Colorado Carbon Company Tract. If there should be any expense to acquire this R/W, Albertson is to be responsible for that expense. Seller warrants marketable title to all timber to be cut or removed pursuant to this contract, and covenants and agrees that he has full right, title, and authority to grant Buyer the right and privilege of entering into and upon the real property herein described for the purpose of cutting and removing the timber thereon, that the legal description is accurate and correct, and that he has full right, title and authority to sell the timber to the Buyer free and clear of any claims and demands of any third party whomsoever. Buyer shall have the right of ingress and egress over roads which presently exist on Seller's property as necessary for the harvesting and removal of timber. 3) CTLC agrees to obtain all necessary permits and grants of right of way to use any governmental rights of way for the removal of the aforementioned timber. CTLC will pay all governmental use fees in conjunction with any removal of the timber by CTLC. Albertson agrees to assist in locating known corners necessary for CTLC to identify property lines. 4) CTLC agrees to pay a fee o s an advance deposit prior to start of logging operations. These monies will be placed in an interest bearing account with any accumulating interest to be credited to Albertson. This fee will be covered by the granting of a timber deed which will be in effect for a period of three years from the date of this Agreement. The expiration date of this contract shall be December 31, 1999, provided, however, that if said timber cannot be removed from Seller's land due to a cause beyond the reasonable control of the Buyer, Seller agrees to extend the period of this contract for a period at least equal to the time lost from said cause. This fee will act as a performance bond to cover payments, all contractual logging requirements and other mutually agreed upon contracting agreements. A minimum o -of this performance bond will be left in place until all obligations have been completed Albertson can have access to the remainingli.111. once logging operations have commenced. If all or part of th1111111111is drawn by Albertson, payments of —_per pay period will be withheld each pay period from Albertson proceeds until the amount drawn down has been repaid. Page 1 of 8 5) This contract is based an a price ofnd will be effective through December 31, 1998. This base price of s further based on CTLC's contract with Louisiana Pacific, which ' which expires on December 31, 1998. If the contract between CTLC and Louisiana Pacific is renewed upon expiration of the present contract, an escalating clause will be made a part of this contract which stipulates thatf the increase will be passed on to Albertson and will remain with CTLC. 6) Addendums "A" and "B" attached and made a part of this Agreement details the terms of payment, stumpage amount, logging, slash disposal and other pertinent contract items. 7) CTLC and ALBERTSON shall each be responsible for their own income tax, use taxes or any other tax due governmental entities. 8) This Agreement shall be governed by and construed in accordance with the laws of the State of Colorado. The parties agree that if problems develop that cannot be resolved by mutual agreement, then each party shall pick independent representatives to attempt to reach agreement prior to filing formal legal action. 9) The prevailing party in any suit to enforce this Agreement and all appeals therefrom shall be entitled to recover its reasonable costs and expenses, including attorneys' fees occurred in such action. The parties agree that under this Agreement, consideration flows from each party to the other. 10) Access to timber which lies in Sections 28, 29, 30 and 31 of Tp. 6 S., Rg. 100 W., 6th P.M. will be taken Southerly through the Kimball Mountain property and down the newly built road. The new road to be in Sections 1, 2 & 12 of Tp. 7 S., Rg. 100 W., 6th P.M. Page 2 of 8 AGREEMENT ALBERTSON RANCH CO., a Colorado Limited Partnership BY: 41.-4 elaae/1.-- Dale B. Albertson, General Partner COLORADO TIMBER AND LAND COMPANY, RLLP, BY: .rE,L ,.-„u_41 J�1rr Kenneth Roberts, General Partner IN WITNESS WHEREOF, I/we have hereunto affixed my/our hand(s) and seal this DAY OF KFKS , 1997. STATE OF COLORADO, COUNTY OF GARFIELD I J 'd , a Notary Public and and for the State of Colorado, do hereby certify that Dale B. Albertson, a p ty lefties to a certain Agreement bearing the date of /��ccN.rr' a.r 11/7 and�hereunto annesed, personally well known to ' 997 me as the person who executed said agreement and acknowledged the same to be his act and deed. Given under my hand and seal this .2r day of A4c4.4.4 r , 1997. r'*7 NOTARY PUBLIC MY COMMISSION EXPIRES: J ' . �.6 �.d6-o STATE OF COLORADO, COUNTY OF GARFIELD 1 116, c gle tE E,6 , a Notary Public and and for the State of Colorado, do hereby . certify that Kenneth D. Roberts, a party or parties to a certain Agreement bearing the date of 4,4.cKrr Z;s 1177 , 1997 and hereunto annesed, personally well known to me as the person who executed said agreement and acknowledged the same to be his act and deed. Given under my hand and seal this aS day of 4“6,4.r r , 1997. f NOTARY PUBLIC MY COMMISSION EXPIRES: SEP r. 7„6 y co v IN WITNESS WHEREOF, llwe have hereunto affixed my/our hand(s) and seal this DAY OF�% �c 6u4 , 1997 Page 3 of 8 EXHIBIT "A" STUMPAGE TIMBER SALE AGREEMENT LEGAL DESCRIPTION OF REAL PROPERTY Attached to and made a part of the Agreement dated 1997 between Colorado Timber and Land Company AND Albertson Ranch Co. Township 7 South. Range 100 West, 6th P.M. G.M. No. 1 Placer Claim, embracing Lots 5,6 and 7 and the SE 1/4 NE 1/4, Section 3; G.M. No. 2 Placer Claim, embracing Lots 8 and 11, and the E 1/2 SE 1/4, Section 3; G.M. No. 3 Placer Claim, embracing the N 1/2 NE 1/4, Section 10; G.M. No. 4 Placer Claim, embracing the NE 1/4 NW 1/4, Section 10; G.M. No. 5 Placer Claim, embracing Lots 7 and 8. and the 5 1/2 NW 1/4, Section 2; G.M. No. 6 Placer Claim, embracing Lots 5 and 6. and the S 1/2 NE 1/4, Section 2; G.M. No. 7 Placer Claim, embracing Lots 7 and 8 and the S 1/2 NW 1/4, Section 1; G.M. No. 8 Placer Claim, embracing Lots 5 and 6, and the S 1/2 NE 1/4, Section 1; G.M. No. 9 Placer Claim, embracing the N 1/2 NW 1/4, Section 11; G.M. No. 10 Placer Claim, embracing the N 1/2 NE 1/4, Section 11; G.M. No. 11 Placer Claim, embracing the N 1/2 NW 1/4, Section 12; G.M. No. 12 Placer Claim. embracing the N 1/2 NE 1/4, Section 12; G.M. No. 13 Placer Claim, embracing the SE 1/4, Section 1; G.M. No. 14 Placer Claim, embracing the SW 1/4. Section 1; G.M. No. 15 Placer Claim, embracing the SE 1/4, Section 2; G.M. No. 16 Placer Claim, embracing the SW 1/4, Section 2; TOWNSHIP 6 SOUTH, RANGE 100 WEST, 6TH P.M. G.M. No. 19 Placer Claim, embracing Lot 1, the NW 1/4 NW1/4 and the E 1/2 NW 1/4, Section 34; G.M. No. 20 Placer Claim, embracing the NE 1/4. Section 34; G.M. No. 21 Placer Claim, embracing the NE 1/4. Section 35; G.M. No. 22 Placer Claim, embracing the NE 1/4. Section 35; G.M. No. 23 Placer Claim, embracing the NW 1/4. Section 36; G.M. No. 24 Placer Claim, embracing Lots 1 and 2, and the W 1/2 NE 1/4. Section 36; Page 4 of 8 G.M. No. 25 Placer Claim, Section 34; G.M. No. 26 Placer Claim, Section 34; G.M. No. 27 Placer Claim, G.M. No. 28 Placer Claim, G.M. No. 29 Placer Claim, G.M. No. 30 Placer Claim, G.M. No. 31 Placer Claim, Section 29; G.M. No. 32 Placer Claim, G.M. No. 33 Placer Claim, Section 32; G.M. No. 34 Placer Claim, G.M. No. 35 Placer Claim, Containing 4,683.29 Acres embracing Lots 2, 3 and 4, and the NE 1/4 SW 1/4, embracing Lot 5, the E 1/2 SE 1/4 and the NW 1/4, SE 1/4 embracing the SW 1/4, Section 35; embracing the SE 1/4, Section 35; embracing the SW 1/4, Section 36; embracing Lots 3 and 4, and the W 1/2 SE 1/4, Section 36; embracing Lot 9, the E 1/2 SE 1/4 and the NW 1/4, SE 1/4 embracing Lots 8 and 9, and the W 1/2 SW 1/4, Section 28; embracing Lots 1, 4, and 5, and the NE 1/4 NE 1/4, embracing Lots 1 and 2, and the N 1/2 NW 1/4, Section 33; embracing Lots 3 and 4, and the N 1/2 NE 1/4, Section 33; CUDDY TRACT TOWNSHIP 6 SOUTH, RANGE 100 WEST OF THE SIXTH P.M. Section 30: Lots 7 and 8 Section 31: Lots 5, 6, 7, 8, 9, E 1/2 NW 114,E 1/2 SW 1/4, NW 1/4 SE 1/4 Containing 425.21 acres, more or less. COLORADO CARBON COMPANY TRACT Tract 51 in Townships 6 and 7 South, Range 100 West of the 6th P.M., according to the Independent Resurvey of said Townships approved and accepted on January 23, 1928; also described as the NW 1/4, SW 1/4 Section 32, Township 6 South, Range 100 West of the 6th P.M., and NW 1/4, SW 1/4, SE 1/4 Section 5; NE 1/4, SE 1/4 Section 6, all of Section 7; NW 1/4 Section 8, Township 7 South, Range 100 West of the 6th P.M. , containing 1899 acres, more or less. Page 5 of 8 ADDENDUM "A" HELICOPTER LOGGING a) Logging to commence September 1, 1997, or as soon thereafter as Governmental permits and R/W's are in place. Will include harvesting of up to approximately 14 million board feet. b) Stumpage to be paid according to the following: Payments to Albertson will be paid bi-monthly on the 15th and 30th of each month in which operations are being conducted. Operations are to be continuous once started, with the exception of months when inclimate weather, unsafe conditions or potential road damage may result. Page6of8 ADDENDUM "B" 1. Certain trees marked by the Seller shall be left standing. 2. Any notice or demand required or permitted to be given or made under the terms of this contract shall be deemed to have been duly given or made if deposited in the United States Mail in a sealed envelope, postage pre -paid, respectively addressed as follows: To Seller: To Buyer: Albertson Ranch Co. C/O Dale B. Albertson 5466 County Road 202 De Beque, CO 81630 Colorado Timber and Land Company, RLLP P. O. Box 431 Rifle, Colorado 81650 3. The following conditions are incorporated into this contract: a) Stumps will be left 12 inches or less in height. b) Buyer shall repair any damages from logging operations to fences, gates and structures. c) Seller agrees to notify Buyer prior to any sale of any portion of the property described in Exhibit "A" and said sale is subject to this agreement. d) This contract may not be assigned by either Seller or Buyer without prior written approval of the other party. e) Contractor's will carry Workman Compensation insurance, and General Liability insurance. A copy of which will be provided to Seller. 1) Buyer will pile all landing slash, slash piles will be burned when suitable, about one year after piling. g} All roads and landings constructed by Buyer will be sprayed for weed control and reseeded with grass mixture approved by Albertson and/or the Soil Conservation District. h) Log trucks and other traffic associated with this contract will observe all posted speed limits signs on Kimball Creek and Roan Creek roads. i) LFC Gathering System Company Agreement further specifies a maximum speed of 25 miles per hour on roads within 10 miles to the west of the Albertson Ranch house, and to further reduce the maximum speed to 20 miles per hour on the same roads during May, June, October and November. j) The trees along the road leading up Kimball Mountain in Section 1 and Section 11 shall be left standing to provide adequate shade for cattle. k) The bottom land trees in Section 7 that are "marked" are to be left standing. 4. "Merchantable timber" as used in this contract shall mean that timber which is 8' 10" in length or more, 8" in diameter on the small end, and 50% or more sound, either living or dead, falling or down, which at the time of conversion into a wood product in the woods is, in the opinion of the Buyer, economically loggable. 5. The expiration date of this contract shall be 1 kc. 3/ , /91 provided, however, that if said timber cannot be removed from Seller's land due to a cause beyond the reasonable control of the Buyer, Seller agrees to extend the period of this contract for a period at Ieast equal to the time lost from said cause. Page 7 of 8 6. The road to be constructed for access to Kimball Mtn. from Kimball Creek through Sections 1, 2 and 12, T 7 S, R 100 W, 6th P.M., shall have a nominal grade of 10% with short occasional pitches of up to 15%. These expenses are to be paid by CLTC with a cap of $50,000. Any additional expense incurred as a result of this road will be paid out of the stumpage. 7. Logging operations will be in an orderly and progressive manner, exercising all reasonable protection to young growth and the surrounding environment. 8. No hunting by CLTC employees, subcontractors or service personnel will be permitted. 9. Trees will be hauled and weight taken promptly after cutting. 10. It is further expressly understood and agreed that all the covenants and agreements in this contract contained shall extend to and be binding upon, the heirs, executors, legal representatives and assigns of the respective parties hereto. 11. HOLD HARMLESS The Buyer shall indemnify and save harmless the Seller against all suits or actions of every kind and nature brought against the Seller for or on account of any injuries or damages received or sustained by any person, firtn, or corporation in connection with, or on account of the performance of the work under this contract or by any consequence of any negligence in connection with the same or on account of any act or omission or commission of the Buyer or his subcontractors, agents, servants, or employees, relating to this contract. The Seller shall indemnify and save harmless the Buyer against all suits or actions of every kind and nature brought against the Buyer for or on account of any injury or damage received or sustained by any person, firm, or corporation in connection with, or on account of the performance of the Seller's obligations under this contract, or by any consequence of any negligence in connection with the same, or on account of any act or omission, or commission of the seller or his subcontractors, agents, servants, or employees, or for any cause arising out of the performance of the subcontractors, agents, servants, or employees relating to this contract. Page 8 of 8 • • • f• f rtE-F7dG_-- $priip 1 / ` / e -:' ;•••••7:-." � . _ -• _ _ - • • • is !l' -J 2? r• - H IitV Spn++9 —/ - r - , .,-' - - i' • .---- �• ,,, - rt • - - [ •!•! •e... ••er4 —. �' ,' • [O'er-• E• • vet 1�----ter -• IDEPARTM GEC !r•30: L if/ S-pn • / ,- - -7------a.---7---..--=-\\--7<„,::;......„.....• ;,.....4i !.. .-..:.....- ''.'4:.:-f..-'-----"7------;.. ... \ \ :.,‘. . : ..." ..''''.- T. 1, ' ,: ...1 . ! ; .-- .M `\ r 6�n C6�r • ! .\ ! � - _w ti 7;X fit 7.0 r— • / ./ ./ 1 •'— \ • •` •\\..// • Spriap • SpRap • 6.4 . tv1 b U N= T A 1 N- N. ` a .- + 7:f E., - s . \ \ • ' •= _ , ,1 +ten \\ _ . a '1; ... e \ _ \ •. _•. `...- Kimball iJ"! -. •� �,.•- `�\ !• • -'Le.1 1‘ r • ✓ 'mea- '� i'.� \ ...t1-,-----,;_----.> .. - <fa� pri3g- - • i• J • • • 1 / ; i /' • • .14 1' /11 ,.s •W1 /27 78 --":4•77 27 • , • —_ • 64. T/7 f•t 4), . /7i-mt v../ , o .7‘vOr 46."'.71 36 np. oCC 1 \ v:, III / jJ r '1)-k / 1\ 1 9 •W °wg• • It K a 11111111111111111111111 111 111111111111111111III 11111111 cyan 511944 08/05/1997 01:26P 81028 P995 023 1 of 4 R 21.00 D 0.00 N 0.00 GARFIELD CLERK AGREEMENT HIS AGREEMENT is made and entered into as of this 15141 day of ZF1,1 , 1997, •by and between MARALEX RESOURCES, INC., with offices/ at 62]. 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, treet,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 useand 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 r .�3 1/3/ k 46-0 .1 • 1111111 11111 111111 11111 111 111111 1111111 111 11111 II1 1111 511944 08/05/1997 01:26P 81028 P996 023 2 of 4 R 21.00 D 0.00 N 0.00 GARFIELD CLERK 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 1111111111111111111111111111111111111111111111111111111 511944 08/05/1997 01:26P 81028 P997 023 3 of 4 R 21.00 D 0.00 N 0.00 GARFIELD CLERK 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 • 1111111111111111111111111111111111111111111111111111111 511944 08/05/1997 01:26P 81028 P998 023 4 of 4 R 21.00 D 0.00 N 0.00 GARFIELD CLERK STATE OF COLORADO COUNTY OF J VC's MARALEX RESOURCES, INC. SS } 'Hare, President THE COLORADO TIMBER AND LAND COMPANY, RLLP The foregoing instrument was acknowledged before me this a/V day of �J_ui, 1997, by A. M. O'Hare, as President of Maralex Resou'ces, Inc., a Colorado corporation. Witness my hand and official sea My Commission Expires: /0_7—go STATE OF COLORADO ) SS COUNTY OF 6.9tr t Ld ) Notary Public The foregoing instrument was acknowledged before me this day of flu6urr• , 1997, by kem kocreArr as Gcn,et4c. P4Rr& Op C41-04Ato T,Me64 Aw4 L4•v_O CoAA1540,1e, +240 Witness my hand and official seal. My Commission Expires: 7• /C- ScAr. .6, ovo Notar Public 4 �__..�:.+..:x,.. -.�.. .�.. :.ne.��^xw�.rStry4�i,�'_s._ ..�y „iry.. �.r:• 3�i..f :' _ ��-_ _ _.r.:... .-. .._ .: .: -. . ARALEX. . 1111111111111111111111111111111111111111111111111111111 511945 08/05/1997 01:29P 81028 P999 451 1 of 2 R 11.00 D 0.00 N 0.00 GARFIELD CLERK Resources, Inc. SI1e01, Sulfa 1125 Colorado 80293 22-5636 3) 292-5382 John V.'Dougherty 1453 12-1/2 Road Loma, CO 81524 ' -Via Ranch c/o Elizabeth Stuller 2270 J Road • Grand Junction, CO 81505 July 15, 1997 Harold C.. Dougherty•.-. 2250 J Road Grand Junction, CO 81505 • E' RE:- 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 fIft.q?r:, !?L JUL 8 8 i997 • 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 Da1e'•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,-): Melanie Morris, CEL Land Manager Arx .Kg/ 1111111111111111111111111111111111111111111111111111111 511945 08/05/1997 01:29P B1028 P1000 451 2 of 2 R 11.00 D 0.00 N 0.00 GARFIELD CLERK It John V. Dougherty Harold C. Dougherty -V Ranch July 15, 1997 Page 2 THE UNDERSIGNED HEREBY CONSENT TO THE COLORADO TIMBER AND LAND COMPANY, RLLE, SHARING THE ABOVE REFERENCED RIGHT-OF-WAY. hn V. Dougherty' I(arold C. Dou y -7',Q7 Date L':!' ~!? v. .. 1 ■ DUOIMMEM PRIDE INI United States Department of the Interior BUREAU OF LAND MANAGEMENT Grand junction Resource Area 2815 H Road Grand junction, Colorado 81506 CERTIFIED MAIL NO. P 361 414 394 RETURN RECEIPT REQUESTED FEB 19 1997 Colorado Timber and Land Company, RLLP P.O. Box 1223 Glenwood Springs, CO 81602 Attn: Ms. Shirley Chavez DECISION Right -of -Way Grant COC -60319 Issued Rental Determined MM.= NM IN REPLY REFER TO: COC -60319 2800 (7-680) Enclosed is a copy of right-of-way grant serial number COC -60319 which has been approved by the Bureau of Land Management. The rental for linear right- of-way is determined according to regulations found at 43 CFR 2803.1-2. The rental for the above -referenced right-of-way is $64.51 for a five year term, adjusted for calendar year billing. A copy of the rental determination form is enclosed. All processing fees and rental have been received. The issuance of this right-of-way grant constitutes a final decision by the Bureau of Land Management in this matter. This decision may be appealed to the Interior Board of Land Appeals in accordance with the regulations in Title 43 of the Code of Federal Regulations, Part 4.400 and the enclosed form CSO 1840-3. The form also includes instructions for requesting a stay of the decision appealed. If an appeal is taken, the notice of appeal must be filed in this office at the above address within 30 days from receipt of this decision_ The appellant has the burden of showing that the decision is in error. Catherine Robertson Area Manager Enclosures (2) 1 - R/W Grant 2 - Form CSO 1840-3 Form 2800-14 Issuing Office (August 1985) Grand Junction Resource Area UNITED STATES DEPARTMENT OF THE INTERIOR BUREAU OF LAND MANAGEMENT RIGHT-OF-WAY GRANT/TEMPORARY USE PERMIT SERIAL NUMBER COC -60319 1. A right-of-way is hereby granted pursuant to Title V of the Federal Land Policy and Management Act of October 21, 1976 (90 Stat. 2776; 43 U.S.C. 1761). 2. Nature of Interest: a By this instrument, the holder: Colorado Timber and Land Company, RLLP P.O. Box 1223 Glenwood Springs, CO 81602 receives a right to construct, operate, maintain, and terminate an access road, on public lands described as follows: Sixth Principal Meridian T.7 S., R.100 W. Sec. 8: N'ASWIh, b. The right-of-way or permit area granted here is 20 feet wide, 2275 feet long and contains 1.10 acres, more or less. c. This instrument shall terminate on February 171.2002., upon 5 years from its effective date unless, prior thereto, it is relinquished, abandoned, terminated, or modified pursuant to the terms and conditions of this instrument or of any applicable Federal law or regulation. d. This instrument may be renewed. If renewed, the right-of-way or permit shall be subject to the regulations existing at the time of renewal and any other terms and conditions that the authorized officer deems necessary to protect the public interest. e. Notwithstanding the expiration of this instrument or any renewal thereof, early relinquishment, abandonment, or termination, the provisions of this instrument, to the extent applicable, shall continue in effect and shall be binding on the holder, its successors, or assigns, until they have fully satisfied the obligations and/or liabilities accruing herein before or on account of the expiration, or prior termination, of the grant. 3. Rental: For and in consideration of the rights granted, the holder agrees to pay the Bureau of Land Management fair market value rental as determined by the authorized officer unless specifically exempted from such payment by regulation. Provided, however, that the rental may be adjusted by the authorized officer, whenever necessary, to reflect changes in the fair market rental value as determined by the application of sound business management principles, and so far as practicable and feasible, in accordance with comparable commercial practices. COC -60319 P.2 4. Terms and Conditions: a. This grant or permit is issued subject to the holder's compliance with all applicable regulations contained in Title 43 Code of Federal Regulations part 2800. b. Upon grant termination by the authorized officer, all improvements shall be removed from the public lands within 90 days, or otherwise disposed of as provided in paragraph (4)(d) or as directed by the authorized officer. c. Each grant issued for a term of 20 years or more shall, at a minimum, be reviewed by the authorized officer at the end of the 20th year and at regular intervals thereafter not to exceed 10 years. Provided, however, that a right-of-way or permit granted herein may be reviewed at any time deemed necessary by the authorized officer. d. The map and stipulations set forth in Exhibits A and B attached hereto are incorporated into and made a part of this grant instrument as fully and effectively as if they were set forth herein in their entirety. e. Failure of the holder to comply with applicable law or any provision of this right-of-way grant or permit shall constitute grounds for suspension or termination thereof. f. The holder shall perform all operations in a good and workmanlike manner so as to ensure protection of the environment and the health and safety of the public. IN WITNESS WHEREOF, The undersigned agrees to the terms and conditions of this right-of-way grant or permit. X fl fire •1 Title 2/- 7 (Date) /SAD zgnature of •uthorized Officer Area Manager Title (Effective date of Grant) EXHIBIT B COC -60319 P. 1 of 2 STIPULATIONS 1. The holder shall request a prenotification conference with the authorized officer at least two days prior to the commencement of access road use under this grant. The contact person. is Tom Bargsten at the Grand Junction Resource Area office, phone (970) 244-3030. 2. All maintenance or road improvement activities shall be confined to the right-of-way; in no case will such activities take place outside an area exceeding 10 feet from the centerline of the existing road. 3. The road and ROW shall be maintained in as good or better than existing condition. This may include, but is not limited to, blading the roadway and maintaining borrow ditches and drainages. Stabilizing the running surface with gravel may be done at the discretion of the Grantee. 4. The holder shall promptly remove and dispose in an authorized sanitary landfill, all waste generated by its activities. Waste includes, but is not limited to, human waste, trash, garbage, petroleum products, ashes and equipment. No burning of trash, trees, brush or any other material shall be allowed. S. The Grand Junction Resource Area Manager will be notified at least 30 days prior to commencing reclamation work upon relinquishment or expiration or the ROW grant. The holder shall contact the authorized officer to arrange a joint inspection of the ROW. This inspection shall be held to determine an acceptable abandonment and reclamation plan if needed. This plan may include recontouring and seeding. The authorized officer must approve the plan in writing prior to the holder's commencement of any abandonment activities. 6. Use of pesticides shall comply with the applicable Federal and State laws. Pesticides shall be used only in accordance with their registered uses and within limitations imposed by the Secretary of the Interior. Prior to the use of pesticides, the holder shall obtain from the authorized officer written approval of a plan showing the type and quantity of material to be used, the pest(s) to be controlled, method of application, location of storage and disposal of containers, and any other information deemed necessary by the authorized officer_ Emergency use of pesticides shall be approved in writing by the authorized officer prior to such use. STANDARD STIPULATIONS 1. Any cultural and/or paleontological resource (historic or prehistoric site or object) discovered by the holder, or any person working on his behalf, on public or Federal land shall be immediately reported to the authorized officer. Holder shall suspend all operations in the immediate area of such discovery until written authorization to proceed is issued by the authorized officer. An evaluation of the discovery will be made by the authorized officer to determine appropriate actions to prevent the loss of significant cultural or scientific values. The holder will be responsible for the cost of evaluation and any decision as to proper mitigation measures will be made by the authorized officer after consulting with the holder. COC -60319 P.2 of 2 2. Pursuant to 43 CFR 10.4(g) the holder of this authorization must notify the authorized officer, by telephone, with written confirmation, immediately upon the discovery of human remains, funerary items, sacred objects, or objects of cultural patrimony. Further, pursuant to 43 CFR 10.4(c) and (d), you must stop activities in the vicinity of the discovery and protect it for 30 days or until notified to proceed by the authorized officer. 3. The holder shall comply with all applicable Federal laws and regulations existing or hereafter enacted or promulgated. In any event, the holder shall comply with the Toxic Substances Control Act of 1976, as amended -(15 V.S.C. 2601 et sea.) with regard to any toxic substances that are used, generated by or stored on the right-of-way or on facilities authorized under this right-of-way grant (see 40 CFR, Part 702-799 and especially, provisions on polychlorinated biphenyls, 40 CFR 761.1-761.193). Additionally, any release of toxic substances (leaks, spills, etc.) in excess of the reportable quantity established by 40 CFR, Part 117 shall be reported as required by the Comprehensive Environmental Response, Compensation and Liability Act of 1980, Section 102b. A copy of any report required or requested by any Federal agency or State government as a result of a reportable release or spill of any toxic substances shall be furnished to the authorized officer concurrent with the filing of the reports to the involved Federal agency or State government. 4. The holder shall comply with applicable State standards for public health and safety, environmental protection and siting, construction, operation and maintenance, if these State standards are more stringent than Federal standards for similar projects. Determining 1997 Rent under Rental Schedule Electric Lines, Telephone Lines, Non --Energy Pipelines, other Linear Rs/W Serial No. COG ' Cpo Name (Grantee) • � : LI QU- f6 Co. ID No. County(s) Case Type Anniv. Date Expiration Date Next Bill Date Length .1 751 Width 02.0 Acreage LID Determine the 1997 (12 months) rent for the R/W by multiplying the number of acres in each appropriate zone by the rental rate for that zone: Zone 3: Mesa, Garfield, Montrose, Routt, Rio Blanco 1,1 acres x 11.93= $ Zone 5: Eagle, Pitkin acres x 23.86= $ Total Part Year Factor Adjusted Rental 1997 Total (T) $ 13 . lZ x 0,9/0 Subtotal 5 -Year Lump Sum (Annual Rentals less than $100) 4 x 1997 Total Partial Year Total Amount Due Part year factors are: months 1.000 11 months 0.9167 0 months 0.8333 9 onths 0.7500 8 months 7 months 6 months 5 months Prepared b 0.6667 0.5833 0.5000 0.4167 X3.12 $ .12- = IZ _ $ 12..03 $ 12.4'3 4 months 3 months 2 months 1 month 0.3333 0.2500 0.1667 0.0833 1_1s 57 Date O 1840-3 ne 1993) UNITED STATES DEPARTMENT OF THE INTERIOR BUREAU OF LAND MANAGEMENT INFORMATION ON TAKING APPEALS TO THE BOARD OF LAND APPEALS DO NOT APPEAL UNLESS 1. This decision is adverse to you, AND 2. You believe it is incorrect. IF YOU APPEAL, THE FOLLOWING PROCEDURES MUST BE FOLLOWED NOTICE OF APPEAL Within 30 days file a Notice of Appeal in the office which issued this decision (see 43 CFR 4.411 and 4.413). You may state your reasons for appealing, if you desire. WHERE TO FILE NOTICE OF APPEAL WITH COPY TO SOLICITOR REGIONAL SOLICITOR ROCKY MOUNTAIN REGION P.O. BOX 25007 DENVER, COLORADO 80225 WITH COPY TO DEPARTMENT OF THE INTERIOR BOARD OF LAND BOARD OF LAND APPEALS APPEALS 4015 WILSON BLVD. ARLINGTON, VIRGINIA 22203 STATEMENT OF REASONS ADVERSE PARTIES Within 30 days after filing the Notice of Appeal, file a complete statement of the reasons you are appealing. This must be filed with the Interior Board of Land Appeals, at the above address (see 43 CFR 4.412 and 4.413). If you fully stated your reasons for appealing when filing the Notice of Appeal, no additional statement is necessary. Copies of your statement of reasons must be filed with the Solicitor at the above address. Within 15 days after each document is filed, each adverse party named in the decision and th, Regional Solicitor or Field Solicitor having jurisdiction over the State in which the appeal aro must he served with a copy of: (a) the Notice of Appeal, (b) the Statement of Reasons, and (c) any other documents filet. (see 43 CFR 4.41)). 5. PROOF OF SERVICE Within 15 days after any document is served on an adverse party, file proof of that service wi the Interior Board of Land Appeals. This may consist of a certified or registered mail "Returi Receipt Card" signed by the adverse party (see 43 CFR 4.401(c)). 6. REQUEST FOR STAY Except where program -specific regulations place this decision in full force and effect or provit for an automatic stay, the decision becomes effective upon the expiration of the time allowed' filing an appeal unless a petition for stay is timely filed (see 43 CFR 4.21). If you wish to fil a petition for a stay of the effectiveness of this decision during the time that your appeal is being reviewed by the Board, the petition for a stay must accompany your notice of appeal. i petition for a stay is required to show sufficient justification based on the standards listed beta Copies of the notice of appeal and petition for a stay must also be submitted to each part named in this decision and to the Interior Board of Land' Appeals and to the appropriate Office of the Solicitor (see 43 CFR 4.413) at the same time the original documents are filed with this office. If you request a stay, you have the burden of proof to demonstrate that a stay should be granted. STANDARDS FOR OBTAINING A STAY Except as otherwise provided by law or other pertinent regulation, a petition for a stay of a decision pending appeal shall show sufficieo justification based on the following standards: (1) The relative harm to the parties if the stay is granted or denied, (2) The likelihood of the appellant's success on the merits, (3) The likelihood of immediate and irreparable harm if the stay is not granted, and (4) Whether the public interest favors granting the stay. Unless these procedures are followed your appeal will he subject to dismissal (see 43 CFR 4.402). Be certain that all communications are identified by serial number of the case being appealed. SUBPART 1821.2 --OFFICE HOURS; TIME AND PLACE FOR FILING Sec. 1821.2-1 Office hours of State Office. (a) State Offices and the Washington Office of the Bureau of Land Management are ope to the public for the filing of documents and inspection of records during the hours specified in the paragraph on Monday through Frida of each week with the exception of those days where the office may be closed because of a national holiday or Presidential or other administrative order. The hours during which the State Offices and the Washington Office are open to the public for the filing of documents and inspection of records are from 10 a.m. to 4 p.m. standard time or daylight saving time, whichever is in effect at the city in which each office is located. Sec. 1821.2-2(d) Any document required or permitted to be filed under the regulations of this chapter, which is filed under the regulations of this chapter, which is received in the State Office or the Washington Office, either in the mail or by personal delivery when the office is not open to the public shall be deemed to be filed as of the day and hour the office next opens to the public. (e) Any document required by law, regulation, or decision to be filed within a stated period, the last day of which fails on a day thi State Office or the Washington Office is officially closed, shall be deemed to be timely filed if it is received in the appropriate office o1 the next day the office is open to the public.