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HomeMy WebLinkAbout10.0 Hearing to Revoke SUP 03.17.2003NOTICE TAKE NOTICE That 4,2/7)' �N���7& 25009€.0dI� Garfield, County 401,7 ��O`/n�pursuant to See.../40179 03.05, Zon•AS 4sdit Of / os d KesOruhon 417-10 /4/71. &0i71 of S onsi to allow : Me goo/ yb ftouv /hi /Lac Amin- aft a., 6y ,t eorecr ite-- l lounikh Arearix dorm/' a .ct , 4thii1, 97-70 ae,d asseetroVed Aegis property. A public %Pltrirg on this application,, asi will be held in the Iveyn.55/00er Pt , 4004 /4 , /05 gm Si Glenwood Springs, Colorado on /- e/'l ,Z�.3 (date) / at (time) Date Notice Was Posted : 2,44/03_ By : �� Ae 1M,o t v For additional information, contact the •eiA••(1r�vg I)te#e7'1ENr at ?151 ., $Z/2 Suite 24/ , 10$ 8th St. 5 Glenwood Springs, CO 81601 PUBLIC NOTICE THE BOARD OF COUNTY COMMISSIONERS OF GARFIELD COUNTY ("BOCC") has scheduled a public hearing to review the Garfield County Special Use Permit captioned "Norm Carpenter, Inter - mountain Resources, LLC (PKA Tucker/Frase)" ("SUP"). The review will be for compliance or noncompliance with performance requirements and the terms of the SUP which is conditioned in accordance with Resolution No. 97-70, "A Resolution Concerned with the Approval of a Special Use Permit Application for Natural Resource Extraction for the Tucker and Frase Partnership". The hearing may result in the suspension or revocation of the SUP or a requirement by the BOCC that certain conditions of approval must be met before additional activities can occur on the real property covered by the SUP. Said real property, generally known as "Tepee Park" and described below in metes and bounds, is owned by Norman A. Carpenter ("Permit Holder"), successor in interest to Tucker and Frase Partnership. The operator logging the property is Intermountain Resources, LLC. Legal Description: See attached The hearing is scheduled to be held, Monday, March 17, 2003 at 1:15 p. m., Garfield County Courthouse Annex, 108 Eighth Street, Commissioners' Meeting Room, First Floor, Glenwood Springs, Colorado, when and where the Permit Holder/Owner and all interested members of the public may present oral and documentary evidence to the BOCC. Documents related to this hearing, including without limitation the SUP, Resolution No. 97-70, and the "Tepee Park Forest Management Plan" dated April,1996, may be reviewed at the Garfield County Building and Planning Department, Courthouse Annex, 108 Eight Street, Suite 201, between the hours of 8:30 a.m. and 5:00 p.m., Monday through Friday. Planning Department 1111111 hill 1111111111111111 III 1111111111111 511927 08/05/1997 10:38A 81028 P935 447 6 of 6 R 0.00 D 0.00 N 0.00 GARFIELD CLERK EXHIBIT A All of that certain real property, together with but without warranty any and all water rights appurtenant thereto, if any, described as follows: THE SOUTHWEST QUARTER (SW1/4) OF SECTION THIRTEEN (13), TOWNSHIP SEVEN (7) SOUTH, RANGE NINETY-FOUR (94) WEST OF THE SIXTH PRINCIPAL MERIDIAN. THE SOUTH HALF (S1/2) OF THE SOUTH HALF (S1/2) OF SECTION FIFTEEN (15), TOWNSHIP SEVEN (7) SOUTH, RANGE NINETY-FOUR (94) WEST OF THE SIXTH PRINCIPAL MERIDIAN. PART OF DRAKE NO. 3 PART OF DRAKE NO. 4 PART OF DRAKE NO. 5 PART OF ALBERTA NO. 1 PART OF ALBERTA NO. 2 PART OF ALBERTA NO. 3 PART OF ALBERTA NO. 4 PART OF ALBERTA NO. 5 PART OF P.C. JUNIOR NO. 1 PART OF P.C. JUNIOR NO. 2 PART OF P.C. JUNIOR NO. 3 PART OF VIRGINIA NO. 1 ALICE ALICE NO. 1 ALICE NO. 2 ALICE NO. 3 LITTLE MAUD NO. 1 LITTLE MAUD NO. 3 LITTLE MAUD NO. 5 LITTLE MAUD NO. 7 LITTLE MAUD NO. 9 LITTLE MAUD NO. 11 LITTLE MAUD NO. 13 AND LITTLE MAUD NO. 15 OIL SHALE PLACER MINING CLAIMS DESIGNATED AS SURVEY NO. 20096, EMBRACING A PORTION OF SECTIONS TWENTY-FOUR AND TWENTY-FIVE AND THE UNSURVEYED PORTION OF TOWNSHIP SEVEN SOUTH OF RANGE NINETY-FOUR, WEST OF THE SIXTH PRINCIPAL MERIDIAN, AS DESCRIBED IN UNITED STATES PATENT RECORDED DECEMBER 17, 1932 IN BOOK 164 AT PAGE 486. ALL IN THE COUNTY OF GARFIELD STATE OF COLORADO. Garfield County February 5, 2003 Mr. James A. Beckwith 922 Cooper Ave. Glenwood Springs, CO 81601 RE: Records request Dear Mr. Beckwith: BUILDING & PLANNING DEPARTMENT VIA FAX (303)431-2803 Your request for access to various records regarding requests for Special Use permits for the conduct of timber harvest from January 1, 1987 through present will take longer to comply with than the three days cited in the statute. CRS 24-72-203 (3)(b) allows up to an additional seven (7) working days to respond to your request, if there are extenuating circumstances, as there are in this case. All of the records associated with applications, staff reports and correspondence regarding requests for Special Use permits for timber harvesting made to the Board of Board of County Commissioners are in files that are extensive and not annotated based on the type of Special Use permit being requested. This will necessitate one of my star members reviewing all of the Special Use permit files to determine which files meet your request. We will accomplish this task no later than February 14, 2003 and notify you of the number of files and an estimate of the number of copies that would have to made to duplicate the files. At that time, you can indicate whether you want to have the files copied or that you would prefer to review them in the office. We will be able to set up review area in our conference room in blocks of time approximately three to four hours in length for you to review the files. If we copy the files, you would be charged $0.25 per copy. Depending on the number of copies, it may take two or three days for my staff to complete the copying. If you have any questions regarding this issue, feel free to call or write to me at this office, during normal working hours. Sincerely, Mark . Bean, 1 'rector Building & Planning Department Via Fax and Regular Mail 108 8th Street, Suite 201, Glenwood Springs, Colorado 81601 (970) 945-8212 (970) 285-7972 Fax: (970) 384-3470 JAMES A. BECKWITH Attorney and Counselor at Law 7910 Ralston Rd., Suite 7 Arvada, CO 80002 303-431-9966 // FAX 303-431-2803 / E -Mail lthamer@aol.com rr GARFiELS..) 6001,11"ING 901101140,, r� ,..A ;IV January 31, 2003 Mr. Mark Bean, Director Garfield County Planning Department 108 Eighth St., Suite 201 Glenwood Springs, CO 81601 RE: REQUEST FOR PUBLIC RECORDS Secs. 24-72-203, C.R.S.] CERTIFIED MAILING NO.: 7002-2410-0003-2428-0823 Dear Mr. Bean: Pursuant to the Colorado Public Records Act, request is herewith made for copies of the following documents: Relevant Time Period: January 1, 1987 through and including the present date Excluded Documents: Legal descriptions; Authorizations for Representation; Photographs; Charts; Maps; Graphic Displays; AND, excluding the application of Tucker & Frase Partnership for a Special Use Permit to conduct a harvest in Tepee Park. 1. All applications for Special Use Permits for the conduct of timber harvests on public and/or private lands within Garfield County, Colorado; 2. All impact statements, operating plans or other memoranda submitted in conjunction with the applications noted in Para. 1 above evidencing the methods and means by which the timber harvest was to be conducted; Mr. Mark Bean January 31, 2003 Page Two. 3. All reports and recommendations of the Garfield County Planning Department relating to each and every one of the applications for Special Use Permits identified in Para. 1 above. 4. All Resolutions of the Board of County Commissioners of Garfield County disapproving, approving or approving with conditions the application(s) for Special Use Permit identified in Para. 1 above.. 5. All inter -office correspondence or other written memoranda between the Garfield County Planning Department and the Board of County Commissioners of Garfield County relating to the interpretation and application of the Garfield County Land Use Resolution to applications to conduct timber harvests within Garfield County. 6. All inter -office correspondence or other written memoranda between the Garfield County Planning Department and the Board of County Commissioners evidencing construction of informal policies and procedures relating to timber harvesting within Garfield County, Colorado. 7. All inter -office correspondence or other written memoranda between the Garfield County Planning Department and the Board of County Commissioners relating to the application for, analysis of and enforcement of the Special Use Permit for Timber Harvesting in Tepee Park. In the event any or all of the documents requested herein are not in your direct possession, then, pursuant to Sec. 24-72-203(2), C.R.S., demand is herewith made for the statutory written notice from you to my office setting forth the location of the records and what person then has custody or control of the records. In the event the documents requested are voluminous, I will arrange with your office to personally review the files of the documents requested herein. Pursuant to Sec. 24-72-203(3), C.R.S., such inspection shall be allowed within three working days of the date of this letter. In the event you decline or refuse to allow inspection or provide copies of the documents herein requested, then, pursuant to Sec. 24-72-204(4), request is herewith made for your statutory written notice to my office setting forth the basis for your denial or refusal to allow inspection or provide copies of the request documents. Mr. Mark Bean January 31, 2003 Page Three. Please advise my office of the copy charges to be assessed for the documents requested. Your cooperation and assistance in this matter is greatly appreciated. durs truly, � James A. Beckwith cc: Mr. Don K. DeFord, Garfield County Attorney Ms. Mildred Alsdorf, Garfield County Clerk & Recorder .4, —d-ce —03 JAMES A. BECKWITH Attorney and Counselor at Law 7910 Ralston Rd., Suite 7 Arvada, CO 80002 303-431-9966 // FAX 303-431-2803 / E -Mail Ithamer@aol.com January 23, 2003 Mr. Don K. DeFord Ms. Carolyn Dahlgren Garfield County Attorney's Office 108 Eighth St., Suite 219 Glenwood Springs, CO 81601 RE: Tepee Park / Special Use Permit Landowner: Mr. Norman A. Carpenter Operator: Intermountain Resources, LLC Dear Don & Carolyn: This letter will confirm that I represent the above-named Landowner and Operator in the pending Revocation proceeding, scheduled for March 17, 2003, before the Board of County Commissioners of Garfield County. In that capacity, I am authorized to receive the formal written Notice of Revocation, discussed by the January 20th BOCC Meeting. Please forward that Notice directly to my office in Arvada, CO. I am enclosing a copy of the Application to Amend Special Use Permit, filed on September 19, 2002, with the Garfield County Planning Department. I am also enclosing a copy of the October 16, 2002, letter from Mr. Fred Jarman, Assistant County Planner, requiring further information before Planning would certify, under Sec. 9.03.03, Land Use Resolution, that the application was "complete". We disputed Mr. Jarman's assessment that the application was incomplete. The Application is in four parts: (1) form application; (2) statement under Secs. 5.03.07 and 5.03.08; (3) text of requested amendments; and, (4) appendices. There is nothing in the Land Use Resolution that prohibits incorporation of materials already on file and of public record with Garfield County Planning Indeed, incorporation by reference to such documents is commonly performed by all agencies. Mr. Don K. DeFord / Ms. Carolyn Dahlgren January 23, 2003 Page Two. However, the Land Use Resolution does not contain any provisions to appeal a determination that an application is "incomplete". It appeared to us - and still does - that the only way to move the application to the public notice stage was by submitting all new environmental studies, a completely new OFMP and other documents. This is not, in our opinion, necessary, expedient or proper. The only issues on which we are divided - as discussed at the August 5th meeting - were: (1) the yarding methods and the areas where they could be performed; and, (2) the situs of roads constructed within Tepee Park. Mr. Bauer apparently wants to raise another issue: the registrations of vehicles used in the harvest operation. On these issues, you should be aware: The OFMP [Pg. 40, rd Para.] clearly states that tractor yarding will be performed on slopes 50% or less. Evidence at the hearing will show that tractor yarding in the Houston Mountain Area is conducted on slopes less than 50%. This language conflicts with the graphics map showing yarding areas. However, if the OFMP is considered in the same light as a "Development Plan", then Sec. 4.01.02 controls. That section incorporates both text and graphics as "provisions of the plan", but does not create a priority between the two. Each is entitled to equal weight. The Land Use Resolution, however, does not elevate an "operations plan" to the status of a "Development Plan", since a development plan is only applicable to a PUD. The Tepee Park Harvest is not a Planned Unit Development and nothing we are doing fits into a PUD, as defined in Sec. 4.01.02. The only document required for a Special Use Permit relating to Industrial Operations, is an "impact statement" under Sec. 5.03.07. Even then, Sec. 5.03.07 only requires that the impact statemet discuss 6 specific areas. None of these areas involve yarding or roads within the project site. As for roads, the only criterium is the mix of auto/truck traffic "...to and from the project site....". It appears that these 6 criteria are the only standards for judging an application for a Special Use Permit, since no other standards for timber harvesting are anywhere found in the Land Use Resolution. • Although classifying lands into various Zoning Districts, none of the Zoning Districts discuss roads within private property. Indeed, the location and construction of roads within a parcel of private property is not a use -by -right, incidental use, accessory use, conditional use or special use in any other Zoning Districts. Therefore, the landowner can locate and construct a road anywhere within his property without the necessity for County approval. Larry McCown correctly stated this rule under the Land Use Resolution at the August Stn hearing. Mr. Don K. DeFord / Mc. Carolyn Dahlgren January 23, 2003 Page Three • As all the maps of Tepee Park will demonstrate, there has never been a road to the NW and SE corners of Tepee Park. Norm Carpenter desired such roads not only to have access but also for the purpose of wildfire fighting and prevention. Construction of these roads does not require County approval - even under Secs. 5.03.07 and 5.03.08. At the August 5th and January 20th meetings, BOCC stated that "helicopter yarding" was the subject of much discussion at the initial hearings in 1997 and was the major point of "sale" of the program. However, a review of the minutes of all meetings does not support that contention. Helicopter yarding - indeed, the various methods of yarding - were hardly ever discussed. I had expected George Bauer to "register issues" or make a "complaint" regarding registration of vehicles. Last week, George had Ron Meade out on FSR 824 in the early morning hours taking photos of the logging trucks going into Tepee Park - unladen. This is not a violation of Condition No. 3, Res. 97-70. The logging trucks do not haul out with logs until after 6:00 AM. It is also not a violation of Condition 12. The trucking companies which haul logs are not the "employees" of the Permit Holders. Moreover, Condition 10 is not a valid condition, insofar as it requires registration through the Garfield County Clerk & Recorder. There is only one vehicle registration: by the State of Colorado. This is done either directly or through apportionment. Both methods are valid. Registration through Garfield County is only done if the vehicle owner resides in Garfield County. Some do not. Requiring registration through Garfield County does not, itself, preserve and protect "public health and safety". It only does one thing - attempts to create revenue. Garfield County gets a share of the Highway Users Tax Fund based on the number of vehicles registered in Garfield County. Sec. 43-4- 207, C.R.S. In short, the need for the March 17t hearing could have been avoided had the Commissioners asked for a response on January 20t. That is why Norm Carpenter, Chris Meyers and I were there. Yogrs truly, (1.A^ James A. Beckwith Enclosures October 16, 2002 James A. Beckwith, for Norman A. Carpenter & Intermountain Resources, LLC 7910 Ralston Rd., Suite 7 Arvada, CO 80002 Garfield County BUILDING & PLANNING DEPARTMENT RE: Timber Harvest Special Use Permit for Tepee Park Dear Mr. Beckwith, I am writing this letter regarding the application you submitted to our department regarding the "Timber Harvest" Special Use Permit (hereinafter "SUP") request also known as "Tepee Park." At this time the SUP application materials you submitted do not include all required information per Garfield County Regulations. More specifically, your application refers to previous materials submitted to this office as part of a former SUP and that this office will need to collect those materials to add to your current submission. As you are aware, you have been directed to submit a new, stand alone application. As such, you are required to submit all new and up-to-date information required to complete a new application. Therefore, the application you submitted to this office is deemed incomplete and our department will not be able to process the submission any further until the following information has been provided: Please submit the following information required from the "Application Form": 1) A copy of the deed and legal description of the property. If you are acting as the agent for the property owner, you must attach an acknowledgement from the property owner that you may act on his / her behalf; 2) Your application refers to the "Official Forest Management Plan" (OFMP) which you have neglected to submit with your application materials. You specifically mention this plan in your responses to Garfield County Zoning Resolution Sections 5.03 and 5.03.07 regarding the mitigation of impacts. While you indicate the OFMP and resolution 97-70 were approved by Garfield County, it appears these documents are approximately 5 years old and may need to be amended as to best available science practices regarding impacts. Please amend the OFMP and submit it to this office as part of your SUP application; 3) Please respond more adequately to Sections 5.03.07(B), (C), (D), and (F) of the Garfield County Zoning Resolution. You have only briefly indicated this information is available in either the OFMP or Resolution 97-70. This is not adequate. Please respond more fully 108 8th Street, Suite 201, Glenwood Springs, Colorado 81601 (970) 945-8212 (970) 285-7972 Fax: (970) 384-3470 to these standards in a narrative form with information from either of the aforementioned documents; 4) Your submission neglected to address Sections 5.03.07(2)(A), (B), and (C) of the Garfield County Zoning Resolution. I assume this information may be discussed in the OFMP. Please provide the specific information required in these sections in order for your application to be deemed complete; 5) The SUP application requires an Applicant to specifically respond to Section 5.03.08 the Garfield County Zoning Resolution in its entirety. Your submission neglected to address this section. More importantly, your submission continues to refer to the OFMP which was approved by the county in 1997 which is five years old at this point. Please review fully the aforementioned section and respond appropriately as there may be new items / standards which require a response that are different from your earlier OFNIP; Please address Section 9.03.01 of the Garfield County Zoning Resolution in your additional comments as part of your amended application submission. Please provide these items as soon as possible if you wish your application to be reviewed in a timely manner. For your reference, the Garfield County Zoning Resolution is available on-line at the following web address: www.garfield —county.com. Please do not hesitate to call me if you have any questions. Sincerely, Fred Jarman, Senior Planner 2 Woodland Management Consultants, LLC. P.O. Box 10 Fort Collins, Colorado 80522 �,�°° . WE'D (970) 221-1336 l Mr. Mark Bean Garfield County Planning Dept. 109 8th St., Suite 303 Glenwood Springs, CO 81601 Dear Mr. Bean, )AN pi �3UtLNGLPLANNING NO January 13, 2003 Per your letter request of December 10, 2002 the current activity status within Tepee Park is: a. The area on the east side of Beaver Creek that is designated for tractor logging was complete on November 1, 2002. b. From November 1 thru January 7, 2003 a fire and recreational access road to Ho(ston Mountain was constructed. c. As of January.9, 2003 timber harvest has started around Houston Mountain. Sincerely, Bill Gherardi Forester, Woodland Management Consultants, LLC. cc: Chris Meyers Woodland Management Consultants, LLC. P.O. Box 10 Fort Collins, Colorado 80522 (970) 221-1336 tEUEIVED JA GARFIELD COUNTY °3UILUING & PLANNING January 6, 2003 Mr. Mark Bean Garfield County Planning Dept. 109 8th St., Suite 303 Glenwood Springs, CO 81601 Dear Mr. Bean, Per your letter request of December 10, 2002 I will provide another report to the County Commissioners on January 20, 2003 with copies of all written material to your office by January 16,2003. Sincerely, 4 Bill Gherardi Forester, Woodland Management Consultants,LLC. Garfield County COUNTY ATTORNEY'S OFFICE 108 8' Street, Suite 219 Glenwood Springs, CO 81601 Tele: (970) 945-9150 Fax: (970) 384-5005 February 13, 2003 James A. Beckwith, Esquire 7910 Ralston Rd., Suite 7 Arvada, CO 80002 RE: Tepee Park Special Use Permit Dear Mr. Beckwith: I am writing in response to your February 8, 2003 letter and to memorialize our telephone conversation on February 10, 2003. During that telephone conference, Mark Bean and I reported discussions with the Board of County Commissioners and, I believe, we reached an understanding on the points listed in your February 8, 2003 letter. Amendment Procedures and Existing Special Use Permit Because changes to an existing Special Use Permit are treated as a "new and separate application" under Garfield County's Zoning Resolution, Mr. Carpenter's "old" SUP stands unless and until there is a separate compliance review hearing at which a revocation decision is made by the Board of County Commissioners. By definition, therefore, Garfield County will not begin enforcement procedures regarding compliance with the existing SUP while going through the process of reviewing the new application. We agreed on the telephone that a new application form will not need to be filled out and that you will provide updates regarding cable and helicopter yarding and the location of roads. Mark informed you that once received and determined to be in technical compliance with the application requirements, the new application will be sent out for referral to the City of Rifle, the United States Forest Service (and the Bureau of Land Management), and the Department of Wildlife. This does not mean that it would James A. Beckwith, Esquire February 13, 2003 Page 2 be inappropriate for you to seek an update letter from each of these entities. We also agreed that you will not have to pay a new "base fee" of $400.00 and that you may be responsible for payment of separate expert fees, on behalf of the Board of County Commissioners, and additional hourly fees for review within the Building and Planning Department. Mark specifically advised you that the BOCC has directed him to identify an expert who can work with the Building and Planning Department on a consulting basis for review of Mr. Carpenter's "new and separate" application. Revocation Proceedings The BOCC was unwilling to vacate the March 17 hearing. Rather, they instructed Mark to properly publish, mail and post a notice of compliance review and to republish, post and mail cancellation notices upon receipt of your completed application prior to March 17. It was my understanding from our telephone conversation, that although this is not what you had requested, your clients would be willing to agree to this dual noticing process rather than an absolute dismissal of the March 17 proceedings. Press Statement Mark and I informed you that the County Planning Department had not made a press statement. We can only assume that a reporter present during the January 20, 2003 BOCC meeting reported the public discussion. You told us that you would fax or mail a copy of what appeared in the newspaper. We will discuss this topic after Mark and I review the article that you send to one or both of our offices. Nothing appeared regarding Tepee Park in the Tuesday or Wednesday Glenwood Springs Post Independent this week. Existing Harvest Operation As long as what Intermountain is doing is consistent with the slope definitions in the current Forest Management Plan, the BOCC is not expecting any change in the operator's yarding techniques. They are expecting that you will explain the difference between the pictorial description in the Forest Management Plan and the verbal description in a precise manner at the hearing on the new application. They are also expecting a complete road review. James A. Beckwith, Esquire February 13, 2003 Page 3 Vehicle Registration Although I reserve my right to argue, if need be, that Mr. Carpenter and Intermountain are committed to the conditions of the original Resolution, Mildred Alsdorf, Clerk and Recorder for Garfield County, has advised Mark and me that her only concern is whether vehicles used on the project are properly registered in the State of Colorado. She needs proof of registration if the registration is via a county other than Garfield County. When Mark develops his staff report, he will deal with this issue and let the Board of County Commissioners know if proof has been provided and approved by the Garfield County Clerk and Recorder. Essentially, both the property owner and the Building and Planning Department will be requesting that the new Resolution language regarding vehicle registration be changed. We look forward to receiving the rest of the new application, so that Building and Planning can proceed quickly with the review. Please let me know if you find it necessary to have both of our signatures on the same piece of paper in confirmation of our Agreements. If so, I suggest that we wait until we have figured out what we are going to do about the press statement issue. Sincerely, CA' + . M. :Mr[ REN Deputy Garfie • ounty Attorney CMD:mj cc: Mildred Alsdorf, Clerk and Recorder Mark Bean, Building and Planning Director F:\MyFiles\PLAN\Tepee Park Beckwith ltr 2-13-03.wpd JAMES A. BECKWITH Attorney and Counselor at Law 7910 Ralston Rd., Suite 7 Arvada, CO 80002 303-431-9966 // FAX 303-431-2803 / E -Mail Ithamer@aol.com RECEIVED _ 2003 RFIELD c;OUNTY BUILDING & PLANNING February 8, 2003 Ms. Carolyn Dahlgren Assistant County Attorney Garfield County Attorney's Office 108 E. Eighth St., Suite 219 Glenwood Springs, CO 81601 RE: Intermountain Resources / Norman A. Carpenter Tepee Park / Special Use Permit Dear Carolyn: This letter will confirm our telephone conversation of February 7th, and our conference call of January 24th, in which Mr. Mark Bean participated. In those conversations, it was suggested that J R/Carpenter proceed with their September 17`x' Application to Amend Special Use Permit as an alternative to proceeding with the March 17th hearing on a revocation of that SUP. IMR and Norm Carpenter are amenable to that alternative procedure. However, before the Garfield County Commissioners adopt this procedure, the following should be clearly understood between all parties: A. Amendment Procedures: As for the Amendment Application, the following will pertain: (1) IMR/Carpenter will not pay an additional filing fee, the original fee of $400 having already been paid; and, (2) a new application will not need to be filed, since the original filing has simply been suspended as "incomplete". Pursuant to your letter of January 31, 2003, IMR/Carpenter will file the additional - and clarified - documents needed to move the application from the Planning Department and into the public hearing venue. We expect that we can make that filing within 2 weeks of the County Commissioners' acceptance of the conditions set forth in this letter. Ms. Carolyn Dahlgren February 8, 2003 Page Two. B. Existing Special Use Permit: This SUP will continue in full force and effect and will not be considered altered, modified or amended by any decision(s) made in the Amendment Application or the fact that the Amendment Application is being prosecuted. Specifically, should the Amendment Application be denied, such denial shall not have any effect on the existing SUP. This was discussed with you and Mark Bean on January 24th, with you and Mark Bean concurring. C. Revocation Proceedings: These proceedings will be dismissed, without prejudice, and the March 17`h hearing vacated. Garfield County and IMR/Carpenter preserve all rights, claims and defenses over the issues that would have been brought before the Commissioners at that meeting. In the absence of the actual Notice of Intent to Revoke SUP, those issues were: (1) the road into Houston Mountain; (2) the tractor yarding conducted in the Houston Mountain Area; and, (3) the complaint filed by George Bauer, relating to: hours of travel on GCR 317 and USFS 824; and, vehicles registered with the State of Colorado through the Garfield County Clerk. D. Press Statement: Because a press statement was made by County Planning on January 20th, a press statement will again be made by Garfield Planning or the County Commissioners stating that the revocation proceedings are dismissed and no action to rescind the SUP held by Intermountain Resources and Norman A. Carpenter is being considered or prosecuted by Garfield County. D, Existing Harvest Operations: IMR/Carpenter will not, and will not be required or expect by the County Commissioners, in any manner, to alter, limit, modify, suspend or cease any of its existing operations in Tepee Park and, specifically, the Houston Mountain Area. There must be written acceptance of this clarifications and conditions before IMR and Norm Carpenter will proceed with the Amendment Application. Ifthese terms are acceptable - as they were in our January 24th telephone conference - then please sign the subscription below and return this letter to my office. truly, aures A. Beckwith ACCEPTANCE I, Ms. Carolyn Dahlgren, Assistant County Attorney, acting with full authorization by the Garfield Board of County Commissioners, do hereby accept the terms and conditions set forth in the foregoing letter. Date Ms. Carolyn Dahlgren, Asst. County Counsel