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HomeMy WebLinkAbout2.0 BOCC Staff Report 11.15.1993• 1 '6.r.A Pi g giR C. SIg, -�--kms-= BOCC 11/15/93 PROJECT INFORMATION AND STAFF COMMENTS REQUEST: Special Use Permit for a commercial logging operation APPLICANT: Louisiana-Pacific Co. and Chris Halandras LOCATION: A tract of land located in portions of Sections 13 and 24, T3S, R94W of the 6th PM; more practically described as a located along CR 252 (Piceance Creek Road), approximately two (2) miles south of the Garfield / Rio Blanco County border. SITE DATA: 150 acres (aspen grove) WAILER' N/A SEWER: N/A ACCESS: Via County Road 252 EXISTING ZONING: A/R/RD ADJACENT ZONING: A/R/RD I. RELATIONSHIP TO THE COMPREHENSIVE PLAN The parcel is located in "Unclassified Lands" of the Garfield County Comprehensive Plan. II. DESCRIPTION OF THE PROPOSAL A. Site Description: The site is located east of the Piceance Creek drainage, and is currently used for ranching purposes. The site ranges in elevation from 7,900 to approximately 8,500 feet. The area is heavily vegetated, with significant stands of Aspen and Pine. A vicinity map is shown on page 7 . B. Project Description- The applicant is requesting a special use permit for a commercial logging operation. The request to allow the logging of 150 acres of aspen on the site. The applicant's cover letter describes the purpose of the operation to "remove 150 acres of diseased and decadent aspen from the 1 • • Haladras property in order to stimulate regeneration of the aspen stand, and improve domestic and wildlife feed". Louisiana-Pacific (L -P) intends on subcontracting the logging to Jim Winkler Logging out of Delta. Operations would begin on or about November 15, 1993, and shall run through the winter, ending on or about March 15, 1994. The length of the contract between L -P and Mr. Halandras is through March 15, 1996. copy of the project description and Impact Statement is attached on pages " 13. The location of the proposed cutting sites on the property are shown on page 11 . III. MAJOR ISSUES AND CONCERNS A. Zoning: Site for extraction, processing, storage or material handling of natural resources are special uses in the A/R/RD zone district. As a special use, certain requirements must be met: 5.03 (1) Utilities adequate to provide water and sanitation service based on accepted engineering standards and approved by the Environmental Health officer shall either be in place or shall be constructed in conjunction with the proposed use; (2) Street improvements adequate to accommodate traffic volume generated by the proposed use and to provide safe, convenient access to the use shall either be in place or shall be constructed in conjunction with the proposed use; (3) Design of the proposed use is organized to minimize impact on and from adjacent uses of land through installation of screen fences or landscape materials on the periphery of the lot and by location of intensively utilized areas, access points, lighting and signs in such a manner as to protect established neighborhood character. 5.03.07 (1) An impact statement demonstrating that the application shall be designed and operated in compliance with the applicable laws and regulations of the County, State and Federal governments, and will not have a significant adverse effect upon: (A) Existing lawful use of water through depletion or pollution of surface run- off, stream flow or ground water; (B) Use of adjacent land through generation of vapor, dust, smoke, noise, glare or vibration, or other emanations; (C) Wildlife and domestic animals through creation of hazardous attractions, alteration or existing native vegetation, blockade of migration routes, use patterns or other disruptions. (2) Truck and automobile traffic to and from such uses shall not create hazards or nuisances to areas elsewhere in the County; 2 • 1 (3) Sufficient distances shall separate such use from abutting property which might otherwise be damaged by operations of the proposed uses; (4) Permits shall be granted for those uses only with the provisions that a satisfactory rehabilitation plan for the affected land be submitted prior to commencement of such use. 5.03.08 Industrial Performance Standards: All industrial operations in the County shall comply with applicable County, State and Federal regulations regulating water, air and noise pollution and shall not be conducted in a manner constituting a public nuisance or hazard. Operations shall be conducted in such a manner as to minimize heat, dust, smoke, vibration, glare and odor and all other undesirable environmental effects beyond the boundaries of the property in which such uses are located, in accord with the following standards: (1) Volume of the sound generated: every use shall be so operated that the volume of sound inherently and recurrently generated does not exceed ninety (90) decibels, with a maximum increase of five (5) decibels permitted for a maximum of fifteen (15) minutes in any one (1) hour, at any point of any boundary line of the property on which the use is located; (2) Vibration generated: every use shall be so operated that the ground vibration inherently and recurrently generated is not perceptible, without instruments, at any point of any boundary line of the property on which the use is located; (3) Emissions of smoke and particulate matter: every use shall be operated so as to comply with all Federal, State and County air quality laws, regulations and standards; (4) Emission of heat, glare, radiation and fumes: every use shall be so operated that it does not emit heat, glare, radiation or fumes which substantially interfere with the existing use of adjoining property or which constitutes a public nuisance or hazard. Flaring of gases, aircraft warning signals, reflective painting of storage tanks, or other such operations which may be required by law as safety or air pollution control measures shall be exempted from this provision; (5) Storage area, salvage yard, sanitary landfill and mineral waste disposal areas: (A) Storage of flammable or explosive solids or gases shall be in accordance with accepted standards and laws and shall comply with the National Fire Code; (B) At the discretion of the County Commissioners, all outdoor storage facilities for fuel, raw materials and products shall be enclosed by a fence or wall adequate to conceal such facilities from adjacent property; (C) No materials or wastes shall be deposited upon a property in such form or manner that they may be transferred off the property by any reasonably foreseeable natural causes or forces; 3 • • (D) All materials or wastes which might constitute a fire hazard or which may be edible by or otherwise be attractive to rodents or insects shall be stored outdoors in accordance with applicable State Board of Health Regulations; (6) Water pollution: in a case in which potential hazards exist, it shall be necessary to install safeguards designed to comply with the Regulations of the Environmental Protection Agency before operations of the facilities may begin. All percolation tests or ground water resource tests as may be required by local or State Health Officers must be met before operation of the facilities may begin. 5.03.12 Access Routes: All conditional uses and special uses must be provided with access routes of adequate design to accommodate traffic volume generated by the proposed use and to provide safe, convenient access for the use constructed in conjunction to the proposed use. The minimum design standards shall be the Garfield County Road Specifications. The following are the staff responses to the applicant's proposal: 5.03.07 Industrial Operations (1)(a) . • u • . . The applicants have represented that "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". (b) Impacts on Adjacent Lands. Impacts on adjacent lands likely will be visual. Visual impacts of the project appear to be limited to two temporary access roads proposed to reach the cutting sites. In staff's opinion, the natural topography of the site appears to adequately screen both the summer and winter logging areas. The lease agreement between Mr. Hallandras and L -P includes a stipulation that roads that Mr. Hallandras pi agrees to close followin the operation will be revegetated. A copy of the lease is included on pageiZ• (c) Wildlife Impacts. The applicants have indicated that the proposed use will not impact wildlife corridors, and will likely improve habitat in the area by additional grazing land on the property. (d) Truck/Automobile Traffic. The applicants have proposed the following haul route associated with the proposed project: County Road 352 (Piceance Creek Road) south to State Highway 13 (approximately 3.5 miles), and then to I-70 via the Rifle bypass. The logs would then travel to a wafer board plant in Olathe. The application expects approximately six loads per day from the project site. Staff suggests that the six trips per day was probably calculated based on the total harvest, and then averaged over the length of the contract and expected loads. Based on this methodology, actual trips per day will vary based on production levels, weather, road conditions and market demand. 4 • 1 County Road 352 is considered an unimproved gravel road by the Garfield County Road and Bridge Department. Staff contacted King Lloyd, Garfield County Road and Bridge Supervisor regarding the project. King is concerned that due to the pavement condition of CR 352, road damage could be an issue, particularly during the early spring. King suggested that the County require a road bond of approximately $5000.00 per mile. Assuming a distance of 3.5 miles to SH 13, a bond of $17,500 to address potential road impacts associated with the SUP. Garfield County does not currently provide snow -plowing services on the proposed haul route. L -P has proposed plow the haul route when necessary. Staff discussed the legal implications with Steve Swick, Assistant County Attorney. Steve suggested that a condition of approval be drafted that would require proof of insurance and some form of indemnity agreement to protect the County from liability. (e) Distance from Adjacent Property Owners. see above. (f) Mitigation Measures. Staff suggests that provisions of the lease, in addition to the proposed conditions of approval provide adequate mitigation of the operation. (2)(a) Site Rehabilitation. As discussed above, provisions of the lease appear to address site rehabilitation. (2)(b) Security. Staff suggests that the proposed bond for road impacts adequately addresses security. Section 5.03.08 Performance Standards (1) The applicants have indicated that noise levels will meet all existing state and federal regulations pertaining to mufflers and spark arresters. The remoteness of the property should limit noise impacts associated with the operation. (2) The applicants do not expect any detectable vibrations from the logging operation. (3) (5) The applicants have indicated that smoke and particulate matter shall be controlled as per state and Federal standards. (a) All explosives are stored in a concrete a Section 5.03.12 A basic finding of a safe access route must be made by the Board of County Commissioners. Staff suggests that with the placing of a bond, the proposed project is consistent with the section. Section 9.03.05 - Periodic Review This section allows for the periodic review of a SUP if deemed necessary by the Board of County Commissioners. 5 • 1 1. That the public hearing before the Board of County Commissioners was extensive and complete, that all pertinent facts, matters and issues were submitted and that all parties were heard at the meeting. 2. That the proposed special use conforms to the application requirements of the Garfield County Zoning Resolution of 1978, as amended. 3. That the proposed land use will be compatible with existing and permitted land uses in all directions if appropriate conditions are attached to the permit. 4. That the proposed use will comply with all applicable standards contained in the Garfield County Zoning Resolution of 1978, as amended. 5. That for the above stated and other reasons, the proposed special use is consistent with the best interests of the health, safety, morals, convenience, order, prosperity and welfare of the citizens of Garfield County. V. RECOMMENDATION Staff recommends approval of the UP, based on the following conditions: V7,560 (l) That the applicant shall provide a road bond, acceptable to the Board of County Commisssioners, prior to the issuance of a Final SUP. That the applicant shall provide evidence of adequate insurance and indemnify That all verbal and written proposals of the applicant shall be considered conditions of approval, unless specified otherwise by the Board of County Commissioners; WocsF P LrN-i( wIti t.oF , 5.0 j. (5) Sc v -k5 w LL 3� Pas1� P 41I,� SaF�T( Co �'t 'Cum �'PiIca�T PFS-zvr�A��C1 T `3C 1(., . wlc a�C S--�p-rte "`tTt� Pc 4ATS WITH Co PC 150,000 6 e� � • ,4unop unoti LZUIs1�brbbG1F�C. gup -'�— VIG114i1"f Mme' 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 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.y 4. The expiration date of this contract shall be //�f(// /S /9 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" By: 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: "SELLER" By: 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: