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APPLICATION
SPECIAL' / USE PERMIT
Date: October 8, 1993
Applicant: Louisiana-Pacific Corporation
Address of Applicant: P.O. Box 1269, Montrose, Colorado, 81401
Special/Conditional Use: Commercial Logging Operation
Legal Description: Sec 13, N 1/2 and the N 1/2 of the S 1/2 of Sec
24, T3S, R24W
Practical Description (location with respect to highways, county
roads, and residences): Approximately 5 miles NE of Rio Blanco
Requirements:
1. Plans and specifications for proposed use (hours of
operation, no. of vehicles/day, location and size of
structures, etc.).
2. Existing or proposed method of sewage, source of disposal
and water. Road access and other information deemed
necessary to explain proposed use.
3. A vicinity map drawn to scale depicting the subject
property, location, and use of building and structures on
adjacent lots.
4. An impact statement on the proposed use where required by
Sections 5.03-5.03.12 of Zoning Regulations.
5. A copy of Assessor's map showing property; and a listing
of all adjoining property owners of said property.
6. A base fee of $ 47/00.00 shall be charged for each'
application and shall be submitted with the application,
additional charges may be imposed if County review costs
exceed the base fee.
7. Attach a copy of proof of ownership for your property
(deed, title insurance).
If public notice is required, notice provided by the Planning
Department shall be sent out at least five (5) days prior to
hearing by return -receipt mail to all the above noted adjoining
property owners. Mailing is the applicant's responsibility and
proof of mailing must be presented at the hearing. Additionally,
the same notice shall be published one (1) time in the official
County newspaper at least fifteen (15) days prior- to such hearing
date. Applicant shall bear the cost of publication and be
responsible for presenting the "Proof of Publication" at the
hearing.
The above information is correct to the best of my knowledge.
Louisiana-Pacific Corporation
Applicant
October 8, 1993
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TIMBER PURCHASE CONTRACT
THIS AGREEMENT is entered into by and between Louisiana-Pacific Corporation
Box 1269, Montrose, Colorado , a Delaware Corporation, hereinafter called
'Buyer", and Chris R. Halandras, 67224 Hwy 64, Meeker, Co. 81641
,hereinafter called "Seller".
1. "Merchantable timber" as used in this contract shall mean that timber, either
standing, 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.
2. The lands upon which the timber purchased under this contract are located_
In Garfield County Colorado, about 5 miles NE of Rio Blanco
, and are described as follows (full legal description).
Sec 13, N 1/2 and the N 1/2 of the S 1/2 of Sec 24, T3S R24W
3. Buyer shall pay Seller per ton for timber cut and removed during
the period of this contract. Timber removed from Sellers property will be hauled to
the Louisiana-Pacific Corp. OSB plant at Olathe Colorado. Weighing of the truck, both
loaded and empty shall take place at time of delivery, on state ceritfied platform
scales. Payment will be made based on the net weight per load. Copies of all scale
tickets will be kept at Buyers office, and are subject to the reasonable examination
of the Seller or Sellers designated representatives during normal business hours.
Copies of weight tickets will be mailed to Seller, on request...,,��
4. The expiration date of this contract shall be ML /S //'o provided,
however, that if said timber cannot be removed from Sellers 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.
5. If any standing timber included in this contract is hereinafter destroyed or
damaged, while on Seller's land, to the extent that it is unmerchantable, Seller shall
bear the loss in stumpage; provided, however, nothing herein contained shall be
construed to release Buyer from liability for it's own negligence. If any timber
felled by the Buyer is destroyed or damaged to the extent it is unmerchantable, Buyer
shall bear the loss in stumpage resulting from such loss or destruction to the extent
not caused by the negligence of the Seller.
6. Seller shall allow Buyer right of access to the timber sale lands set forth
in section two(2) above adequate for Buyer's removal of said timber.
7. Seller warants 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.
8. 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 Chris R. Halandras
67224, Hwy 64
Meeker, Colorado 81641
To Buyer Louisiana-Pacific Corporation
Box 1269
Montrose, Colorado 81402
9. The following conditions are incorporated into this contract
a. Buyer agrees to leave all existing roads, as well as new roads in good
condition after logging is completed. Maintainence of all roads is commensurate with
use. Buyer agrees to close new roads,and skid trails that Seller designates to be
closed. Closure shall consist of regrading, installing waterbars, and grass seeding.
b. Buyer shall whole tree skid all cut timber to landing areas, and will pile all
landing slash. Slash piles will be burned when suitable, about one year after piling.
c. Stumps will be left 12 inches or less in height.
d. Buyer shall repair any damages from logging operations to fences, gates, and
structures.
e. Seller agrees to notify Buyer prior to any sale of any portion of the property
described in paragraph two(2) above, and said sale is subject to this agreement.
f. This contract may not be assigned by either Seller or Buyer without prior
written approval of the other.
g. No logging will be done during the gun elk season, nor during the months of May
or June
h. Buyers activities under this contract shall be conducted with due regard to
good forest and land mannagement practices.
i. Contractors will carry Workmans Compensation insurance, and General Liability
insurance.
10. 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 recieved or sustained by any person, firm, 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, or for any cause arising out of the performance of the
• •
subcontractors, agents, servants, or employees relating to this contract.
The seller shall idemnify 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 recieved or sustained by any person, firm, or corporation in connection with,
or on account of the performance of the Sellers 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.
IN WITNESS WHEREOF, the parties hereto have executed this Timber Purchace Contract
as of the day of 199
"BUYER" "SELLER"
By: By:
STATE OF STATE OF
COUNTY OF
On this day of
199 , before me the undersigned
Notary Public, personally appeared
known or identified to me to be the
person(s) whose name(s) are
subscribed to the within instrument
and acknowledged to me that they
executed the same.
Notary Public for:
Residing at:
My commission expires:
COUNTY OF
On this day of
199 , before me the undersigned
Notary Public, personally appeared
known or identified to me to be the
person(s) whose name(s) are
subscribed to the within instrument
and acknowledged to me that they
executed the same.
Notary Public for:
Residing at:
My commission expires:
• tRRAN1. DEED
__._._Gus A. _ifA),F.NDRASand CHRIS.R., HALANDRAS,__
doingvhuainetss_.as_HALANDRAS BROTHERS._
wM+aeaddr�•t1s Meekor, Colorado
C4ettth ,d . State of
`
Pio Blanco
Colorado Ten Doliat Rand tnottherkratnonld
valuable consideration - -
-
)!'ht in hand paid. hereby wills*
and c4Ntveykl to
whose legal address is
Ctsunty of
ehn� 332 PACE8.1i
GARrIBLD
1992 j
staid Qts, his
•
CHRIS R. HAI.ANDRAS
67224 Highway 64
Meeker, Colorado 81641
Rio Blanco ,flet Slate of Colorado
the tollownng teal property in the County of
Colorado. to wn:
Garfield
See Attached Appendix "A"
and State of
also known by street and number as
with all its appurtenances. and wanantls7Cto title to the same. subject to easements, rights of way,
and reservations of record, and subject to taxes for the year 1992,
and all subsequent taxes and assessments.
Signed this ; -.4 1 day of May H9 92.
Sl ATE OF COLORADO. lI
} Ss.
County of Rio Blanco
The fort going instrument was ackno.i' •dv d betbre me in the
. State of Colorado
Ric Blanx
GUS R. HALANDRAS
CHRIS R. HALANDRAS
May . 19 92. by Gus R. Halandras 0,,1 hris,
doing busine- - .. alas14• v 011
-
. this
County
16th day
ndras,
My commission exrires
Witness my hand and official seal.
NOTARY POOL IC STATE OF COLORADO
ROPllALD..yy�p7fcOr��p�T-tN `. _1(��5 4.4
�'_!(' lt„' P ti (iP TMH Form, 10.14 e1 P., ,h,nt '1., N' MI ire I .1.f...•,d C41 MI>li 1 V11t } 11 mini] SM
yi r A.,
APPT,Nn1X "A"
Towlthii' 3 SoUthl Range 93 Went of the 6th P.M.
Section 201
Section 79e
Section 321
S1/2lWi/4
RI/2NW1/4, N1/2SW1./4, i1/2
N1/2NF1/4
Township 3 Sotlt.h, Pantie 94 West of the 6th P.M.
Section 13t Ali
Section 241 N1/2, N1/2S1/2
containing 1,760 acres, more or less.
(best 1.. Nosenlund Land)
(Schedule No. 016064-016)
(Schedule No. 016065-016)
(Book 419, Page 250)
(gook 427, Page 61)
IMPACT STATEMENT
This Impact Statement is filed with Garfield County for the
purpose of logging property within the boundaries of Garfield
County owned by Mr. Chris Halandras of 67224 Hwy. 64, Meeker,
Colorado, 81641.
Per Sections 5.03.07 and 5.03.08 of the Garfield County Land
Use Codes, subtitled Industrial Operations, Louisiana-Pacific
Corporation has contracted with Mr. Halandras for the purpose of
commercially harvesting aspen timber from his property located at
the following location within Garfield County:
Approximately 4 miles Northeast of Rio Blanco in Sections 13, N 1/2
and the N 1/2 of the S 1/2 of Sections 24, T3S R24W.
Total acreage of this property is approximately 1120 acres. Total
acres of aspen to be harvested from this property is approximately
150 acres as shown on the attached map.
Louisiana-Pacific Corporation intends to subcontract the logging of
this property to Jim Winkler Logging of Delta, Colorado. Mr.
Winkler shall perform the contractual work as defined in the Timber
Purchase Agreement for Mr. Chris Halandras. Operations will begin
on or about November 15, 1993 and shall run throughout the winter,
ending on or about March 15, 1994 or as weather and ground
conditions dictate. The length of this contract with Mr. Halandras
shall be through March 15, 1996. Winter logging shall be used as
directed by Mr. Halandras so as to avoid adverse impact upon his
ranching operations as well as to avoid conflict with big game
hunting. Summertime logging will be conducted in area A as shown on
the operations map, commencing in July to restrict operations to
periods when lambing is complete, and sheep are in the high
country. It is expected that logging operations should be
completed by the end of 1994, and all other post sale requirements
completed by november 1995. Additional time has been allowed for
unforeseen delays.
The following then is the conditional and special use requirements
for Garfield County as governed by the Land Use Codes where
applicable to this operation:
5.03.07 Industrial Operations
The scope of this operation is to remove approximately 150 acres of
diseased and decadent aspen from the Halandras property in order to
stimulate regeneration of the aspen stand, improve domestic and
wildlife feed.
Design of this harvest has been negotiated with Mr. Halandras as
shown on the attached sale area map locating areas to be harvested.
The schedule of operations is, again, winter operations between the
end of the big -game hunting season until Spring Breakup through
• •
1996 or until all designated aspen volume has been removed.
(A) Existing Lawful Use of Water - Areas to be harvested and road
locations have been situated so as to avoid existing water courses,
streams, riparian areas and wetlands so as to cause no adverse
effects regarding surface run-off, stream flow or ground water.
Water bars, culverts and grass seeding shall be placed so as to
reduce and control water flow from spring thaws.
(B) Due to winter logging, dust control will not be a factor.
Noise from equipment used on the logging operation will be minimal
if any to neighboring properties due to the remoteness of this
property. No vapors, smoke, glare or vibration are known to occur
due to logging operations.
(C) Wildlife and Domestic animal impact shall be kept to a minimum
with winter operations. Existing native vegetation shall remain
the same. No introduction of noxious weeds will occur. Migratory
routes for wildlife will not be effected. Harvest operations have
been designed to enhance existing feed and cover for domestic
animals and wildlife. It is the sole intent of the owner to
improve his grazing potential and wildlife habitat in this area.
(2) Truck routes for the hauling of cut material shall be from the
property down the Piceance Road to Hwy. 13 thence to Rifle. From
there trucks shall take the truck route bypassing Rifle to I-70
thence to Grand Junction and thence down Hwy. 50 to the waferwood
mill in Olathe. Maximum number of loads per day shall not exceed
six, and weekend hauling shall only occur when weather and ground
conditions force operations to shut down during the normal work
week of Monday through Friday. Pickup traffic to and from the job
shall be minimal. Trucks shall meet all state and federal laws
regarding gross weights, speeds and truck safety compliance. It
will be necessary to plow snow on Five(5) miles of county road
during the winter. This will need to be cordinated with the Dept.
of Roads and Bridges, with all costs borne by, and operations
conducted by Louisiana-Pacific.
(3) No known impacts to adjacent property owners exist.
(4) As directed
(5) (A) Site Rehabilitation specifications can be found in the
attached Timber Purchase Agreement where grass seeding, piling of
slash and final disposal of slash by burning is discussed. Also,
road closure can be found in the attached contract. The landowner,
is a long term rancher, and has been involved with control of
noxious weeds, his entire life. Operations, and post logging
operations have been designed to prevent establishment of noxious
weeds. Long term control will continue as it has for many years.
(B) As Directed
• •
(6) NA
5.03.08 Industrial Performance Standards
(1) As previously stated, noise levels from machinery used in
logging operations meet existing state and federal laws regarding
mufflers and spark arresters. Remoteness of the property shall
also keep any noise to a minimum to adjacent owners.
(2) Vibration generated from this operation shall not be
detectable.
(3) Smoke and particulate matter emitted from machinery shall be
controlled as per state and federal laws regarding mufflers and
spark arresters. All equipment to be used in this operation has
been previously inspected and approved by the United States Forest
Service.
(4) NA