HomeMy WebLinkAbout1.0 ApplicationGARFIELD COUNTY
Building & Planning Department
108 8th Street, Suite 401
Glenwood Springs, Colorado 81601
Telephone: 970.945. 821 2 Facsimile: 970. 384. 3470
www.qarfield-countv.com
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Special Use Permit
STAFF USE ONLY
F Planner:Hearing Date:
GENERAL INFORMATION
(To be completed by the applicant.)
F Street Address / General Location of Property:
P Legal Descriptio
/q s ; 7,.t S'/a se /v 6".1- q S il 6d
Existing Use & Size of Property in acres: I S a ar-t-r-.-, fa-^-t-ul.a-*l
Description of Special Use Requested:
) Zone District:
F Name of Propertv Owner (Applicant):
+
-LRz-v lre
F Address: ++8 1 (L.'J* E-{n4 43 3 Telephone(??o\ 6J5.. "t.b*F City: '
' n u State: Qc Zip Code: graso FAX: _
F Name of Owner's Representative, if any (Attorney, Planner. etc):Vz.,".- * &-.,U-t^ S"-aU,"-,
F Address: .l{fl I 0,,- T, E"*.4 q < z Telephone:bzd aas.at c V
F City: '?' ', State: AO Zip Code: p//;sA FAX: _
April 9, 2007
Re: Application for Special Use Road Permit
Garfield County Commissioners:
Rocking Chair Ranch lrrevocable Trust is the owner of 739 acres of
pasture land located in Garfield County, Sections 1 &2, Township 4 South,
Range 92 West of the 6th P.M. This is a Trust consisting of Gail L. Martin, J.
Scott Coulter, and Diana L. Grant, brother and sisters, who are conrerned with
being good stewards to the above land.
For several years, we have been concerned with the dead and dying
timber on our property. There is pine beetle in the Spruce, dwarf mistletoe and fir
beetles in the Douglas Fir, and broom rust and another form of beetle in the Sub
Alpine Fir. We have applied to the Colorado State Forestry Service for
assistance in attempting to remove the diseased and dead trees and thin the
remaining trees in order to establish a healthy forest. We have no plans now or
in the future to clear cut any of our land.
To date, the Colorado State Forestry Service has marked several areas in
the south valley of our land and is prepared to advertise these areas this spring
for bid to any loggers who may be interested. Future plans are for the Forestry
Service to also mark and advertise for bid the diseased and dead trees in the
north valley of our land.
We have obtained a Private Road Special Use Permit from the U.S.D.A
Forest Service for a period of 5 years, 4 of which are remaining. This will give
the loggers access through the Forest Service Land to County Road 245, the
Buford/NewCastle road. We are now applying to Garfield County for a Special
Use Road Permit for loggers to haul our logs down County Road 245 to the State
Highway system to get to logging mills in the area.
We address your requirements as follows:
1. lncluded please find information from Kelly Rogers, the representative of
the Colorado State Forestry Service with whom we have been working,
giving his estimate of the hours of operation, the number and type of
vehicles accessing the site on a daily, weekly and/or monthly basis. There
are no structures proposed or existing , and no electric power service or
any other proposed utility improvements.
:: ,
,,1;,_,:l g ,_* i:Cl:'
l.!ri- ,
Enclosed is a copy of our Agreement with the Colorado State Forestry
Service, together with a map Mr. Rogers has prepared showing the areas
to be logged on our property. This map shows the road leaving our land
onto the Forest Service property. Also enclosed is a copy of our Private
Road Special Use Permit from the U.S.D.A Forest Service together with a
map showing the road across the Forest Service Land to County Road
245.
Enclosed is a map of the area showing our property, the road across
Forest Service Land, and the Buford/NewCastle County road.
Enclosed is a copy of the portion of the Garfield County Assessor's Maps
showing the private property adjacent to our land, the nearest of which is
300 ft. south of our property line. The only other owner is the U.S.D.A
Forest Service, and they have granted us a permit to haul our logs through
their property, a copy of which permit we have enclosed.
Requirements 6 through 9 do not seem to apply to us since our request involves
only a Special Use Permit for loggers to haul our logs over County Road 245.
Our check for the $400.00 Base Fee is enclosed, together with 2 copies of
the completed application form and all the required submittal materials. lf any
further information is needed, please let us know and we wil! provide it.
Sincerely,
Rocking Chair Ranch lrrevocable Trust
av ?r*.'*,-., X 2--.-tr-t;
Frances L. Coulter, Settlor
3.
4.
5.
April2T ,2007
Re: Application for Special Use Permit
Garfield County Commissioners:
Rocking Chair Ranch lrrevocable Trust is the owner of 739 acres of
pasture land located in Garfield County, Sections 'l &2, Township 4 South,
Range g2 West of the 6th P.M. This is a Trust consisting of Gail L. Martin, J.
Scott Coulter, and Diana L. Grant, brother and sisters, who are con@rned with
being good stewards to the above land.
For several years, we have been concerned with the dead and dying
timber on our property. There is pine beetle in the Spruce, dwarf mistletoe and fir
beettes in the Douglas Fir, and broom rust and another form of beetle in the Sub
Alpine Fir. We have applied to the Colorado State Forestry Service for
assistance in attempting to remove the diseased and dead trees and thin the
remaining trees in order to establish a healthy forest. We have no plans now or
in the future to clear cut any of our land.
To date, the Colorado State Forestry Service has marked several areas in
the south valley of our land and is prepared to advertise these areas this spring
for bid to any loggers who may be interested. Future plans are for the Forestry
Service to also mark and advertise for bid the diseased and dead trees in the
north valley of our land.
We have obtained a Private Road Special Use Permit from the U.S.D.A
Forest Service for a period of 5 years, 4 of which are remaining. This will give
the loggers access through the Forest Service Land to County Road 245, the
Buford/NewCastle road. We are now applying to Garfield County for a Special
Use Road Permit for loggers to haul our logs down County Road 245 to the State
Highway system to get to logging mills in the area.
We address your requirements as follows:
1. lncluded please find information from Kelty Rogers, the representative of
the Colorado State Forestry Service with whom we have been working,
giving his estimate of the hours of operation, the number and type of
vehicles accessing the site on a daily, weekly and/or monthly basis. There
are no structures proposed or existing , and no electric power serviee or
any other proposed utility improvements.
2. No water use will be involved.
o
3.Enclosed is a copy of our Agreement with the Colorado State Forestry
Service, together with a map Mr. Rogers has prepared showing the areas
to be togged on our property. This map shows the road leaving our land
onto the Forest Service propefi. Also enclosed is a copy of our Private
Road Special Use Permit from the U.S.D.A Forest Service together with a
map showing the road across the Forest Service Land to County Road
245.
Enclosed is a map of the area showing our property, the road across
Forest Service Land, and the Buford/NewCastle County road'
Enclosed is a copy of the portion of the Garfield County Assessor's Maps
showing the private property adjacent to our land, the nearest of which is
300 ft. south of our property line. The only other owner is the U.S.D.A
Forest Service, and they have granted us a permit to haul our logs through
their property, a copy of which permit we have enclosed-
Enclosed is a copy of the Deed from William C. & John F. Bowen, deeding
the above 739 acres to Elwyn R. & Frances L. Coulter, which they later
deeded to the Rocking Chair Ranch lrrevocable Trust.
Since I am a Settlor of the Rocking Chair Ranch lrrevocable Trust, this
should give me the right to act in it's behalf.
The following criteria from Section 5.03 are addressed as follows:
IMPACT STATEMENT
(1) (A) No water will be used in the logging of the dead and diseased trees to
be removed.
(B) There should be no impacts on adjacent land from the generation of
Vapor, dust, smoke, glare or vibration or other emanations; the noise
should be minimal since no one lives year around on any of the adjacent
propefi.
(C) There should be minimal or no impact on wildlife and domestic
animals as we will be using roads already in place and being used, and
we will be removing dead and diseased trees only.
(D) There should be little or no impact of truck and automobile traffic to
and from our logging operation. There will be a few pickups using the
road morning and evening, and it is estimated truck hauling will be limited
lo 1-2loads per day.
4.
5.
6.
7.
(E) The closest abutting property is approximately 300 ft. from the road,
and any other summer cabins are farther than that from the logging sites.
The only damage might possibly be to our south fenceline from falling
trees, but this happens quite often due to Mother Nature and the wind
with no logging going on at all.
(F) I do not believe any mitigation measures will be necessary unless it
would be to repair our fenceline.
(2.) We address provisions for adequate mitigation as follows:
(A) There should be no site mitigation from the logging as we are
removing dead and diseased trees which will improve the forest health
immensely. I understand from Mr. Kelly Rogers, with the Colorado State
Forestry Service that any slash from the tree removalwill be piled in an
open meadow and burned during winter months when the ground is snow
covered with from 1-3 feet, depending on the winter snowfall.
(B) Since there is to be no need for a site rehabilitation plan, we feel
there will be no need for bond security.
(C) We feel this portion is not applicable as the only impact we will make
on our land is for the benefit of the forest.
Section 5.03.08 lndustrial Performance Standards:
(1) The volume of sound generated should be in compliance with the
standards set forth in the Colorado Revised Statutes. The summer
homes situated on the adjoining properties are located some distance
from the logging site; usually are occupied on weekends, and since the
logging willtake place during daylight hours, shouldn't be an annoyance.
(2) There should be no vibration generated.
(3) There should be no emissions of smoke and particulate matter.
(4) There should be no emission of heat, glare, radiation and fumes.
There will be no flaring of gases, aircraft warning signals, reflective
painting of storage tanks etc.
(5) There will be no water pollution. There will be no use of water in the
logging operation. The water from the springs located on our property
does not leave our property.
Our check for the $400.00 Base Fee is enclosed, together with 2 copies of
the completed application form and all the required submittal materials. lf any
further information is needed, please let us know and we will provide it.
Sincerely,
Rocking Chair Ranch lrrevocable Trust
ev+ry* XUh
Frances L. Coulter, Settlor
Grand Junction Dishict
2225.6s.. St., Rm.#416
Grand Junction, CO 81501
o1q248_732sApril9, 2007
Francis Coulter
4487 County Road 233
Rifle, CO 81650
Francis,
The following information is for your special use permit application with Garfield county.
l' frours of operation: Timber harvest an! lo-s hauling operations will take place duringdaylight hours, generally from 7:00 am to 7:00 pm
2' N.umber and type of vehicles accessing the site on a daily, weekly, or monthly basis:Timber harvest operations will require a..irs by pickups on a daily basis for the duration of thetimber sale, generally one trip per day with 1-3 u"r,i"r"r. Log hauling will require the use of full-length log trucks' The propoied timblr harvest ir.*p"a.o to total approximately 250,000 boardfeet; this will amount to between 40 and 50 truckloads total. Log hauling is expected to proceedat the rate of 1 to 2 loads per day for the duration of the sare.
only about 5-6 months of the year aretypically available for logging. Seasonal shut-downs ofwork are anticipated for spring runoffin April-May, and possiblf fol the uig tu*" huntingseasons in october and early November. Heavy rno*, typically limit loggil;;perations fromJanuary I to the end of March. Temporary shui-downs of trauting operations may be required,depending on road conditions' togging and hauling are least damaging in the early to mid wintermonths of November and Decembei, *hen the grolnd is frozen and before snow removal costsare prohibitive.
The timber sale contract will specify a one-year period to complete the sale, although it isanticipated that this timber sale u'ili be complet"d in z-l months once a contract has been signed.
Please give me a call if you need further information.
Sincerely,f4/,er-
Kelly Rogers
District Forester
l*ww{*fip<: to tio Plsor:s
Service Agreement
]-his Scn'ice Agreemenl (Agrement) is entered into as of the date it is fully executed by and betrvecn the parties identified
lrcrein bclow
UNIVERSITY:
THE BOARD OF GOVERNORS OF THE
COT,O RADO STATE UNTYERSITY SYSTEM,
ACTTNG BY AND TIIROUGE COLORADO
S'TATE UNTVI RSITY, AN INSTITUTION OF
IIIGIIER EDUCATION OF TffE STATE OF
COLORADO
C:OI{I'AC'I NAME: Kelly Rogers
DEPARTMENT: Colorado State Forest Service
COLORADO STATE UMVERSITY
FORT COLLINIi. CO 80523.
]'ELE: 970-218-1325
FA,Y. 970-2-t8-71l7
EMAI L. k1rogcrs{n) lamar. colostate.edu
PARTIES:
CLIENT:
FULL LEGAL NAME OF CLIENT: Rocking Char
Rarrch .r (( €Vc (A AL € TRrsr
TYPE OF BUSINESS:Gers**ea*urersl*p Tx usT
STATE OF BUSINESS REGISTRATION: Colorado
BUSINESS ADDRESS: 4487 Counry Road 233
CONTACT NAME: francls Coulrer
CITY. STATE, ZIP:Rifle. CO 81650
FEIN orTAX W#: 8l- bJLoq?3
CONTACTNAME:
DEPARTMENT:
TELE:
FAX:
EMAIL:
PLACf,(S) WHERf, THE SERVICES WILL Bf PROVIDED: parts of the Rocking Chair Ranch; seclions I &
2. Torvnship 4 south, Range 92 west, in Garfield County, Colorado.
All e.rhibits rcfercnced in the following Terms and Conditions of the Contract must be attached and initialed by thesignalorics All such exhibits are hereby incorporated as if fully set foflh herein.
RECITAIS:
WI{EREAS' Unrversity is a comprehensive, land-grant University with experience and resourccs in a field of rnutual
inlercst bctrvcen Universiry and Client; and
wtlEREAS. lhe Ctient and University contemplate entering into an agreement whereby CSU's experrise and
rcsourccs ntlry bc utilized to perform the services described herein, which Client desires to obtain; and
WHEREAS' the performance of such services by University is consistent, cornpatible, ard beneficial (o the
acadcnric role and mission of the University as an institution of higher educatiou;
NOw' THIIREFORE, in consicle ration of the above and the mutual prornises contained herein, the parties agrec as
lollorvs:
l lodependcnt Contractors The parties aver that:a. 'l"he lJniversity is not subject to Client's control as to the meirns and methods of accornplishiug thcrvork to be performed hereunder, but the Client rnay specify and control rhe result lo be
accomplished including any specifications, standardq requirenrents and deliverables; andb Thc University selects its orvn customers or clients and is free to contract rvith others during the
te rru of this Contract; ;urd
c. This Agreement shall not be construed to create any partnership, joint venture, nor other agency
rclittionship ktwecn the parties, who are independent of one anolhcr.
scope of lvork' The Ury-v-ersitr agrees to timely and competently perform for the clicnt t1e servicesdcscribcd in the scope of wort, Exhibit A hereto. Any applicable service milestones or periodicdeliverables are specified in the Scope of Work.
'rerm' This Agreement shall be effective on the date it is fufly execured by all parties (..Effecrive Datc,,),and shall termiDte when all services have been completed, uut ,n any erent not laler than 3 year(s) fromthc effective date' If the date for commencement of services is later it * t
" Effective Datc. it is set forthhcrc;
{' Payrnent' The client agre€s to pay the university for services perfonned under this Agreemcnt as follows(check one box only):
n In a fixed price amount of $---, payable upon execur.ion of this Agreenrent. oR
xJ In accordance with the Payment Terms set forth in Exhibit B rvhich is atlached and herebyinco rporated by reference.
-5' confirlcntiality' It may be necessary for the client to disclose confideutial informatjon lo the university,srcprcserltatives so they can perform the work described herein. .q,t the time or omlosuie, ttre ctient shallindicate rvhich information is confidential. confidential information will not include informatron [hat: a)at the time of disclozure-or subsequent to that tirn" ir g"o"rruy r*iluul" to the public; b) is known by theL/niversiqv at the time of disclosuie and substantiatedin wrirrcn documens; or, c) is made known to theUniversity by a third pafty not connected with the Client.
E'xcept as nuy oth:ryry be required by law, the university agrees to use best efforts to: nuinrain rheconlident'ialir'v of the information; not use the inforrnation "lb;;;;".p"ses other than contained in thescopc olrvork defined in this Agreementl and not disclose the iniormaton to anyone other than thosedircctl-y involvcd rvith this Agreemerl
6 Equipnrent' All equipment purchased with funds provided under this Agreement for use in connectionrvith this ApSeement shall te the property of rhe university, and shall be dedicated ro providing scrviccsundcr this Agreement while this Agreement is in effect.
7 ' I-iabilily; Insurance' .Each party hereto agrees to be responsible for its own wrongful or negligent acts orornissions' or those of its officers, agents, or employees to rne rult extent allowed by law. Thc univcrsity isan instilutiolt of higher edrrcation or tte srate of colorado and is governed by the provisions of thecolorado Governmental lrmnunity Act (C.R.S,$$ 24-10-101, et seq). Nothing in rhis Agrcement shall beconslrucd as a waiver of the protections of said AcL I
8 Use of 'frarlenames and service Marks Neithe-r party obtains by this Agreement any right, title. orintcrcst itq rlor ;rn-v right to reproduce nor to use for afiy purpose, the name, tradenames, trade- or scrvicctttarks' logos or copyrights of the orher party. The ctleniwiit noi include the name of Colorado StareUniversity, nor of an1'menrber of CSU i-f1rtaro. ott..";;;b;""r, in any advertising, salespronrotion. or pubrication without the prioiwritten approval oiit e university.
9 ' Defaull; 'fermination. A party rvill be considered in default of ils obligations under this Agreement rfsuch party should fail,to observe' to comply with, or t" p"ir"", *y term, conditjon, or covenant contarncdin this Agrccnrcnt and such failure continuls for l0 days after the non{efaulrin c partygives thc defaultingpart)' writtcn noticc thereof. In thc event of default, thl nondcfaulturg party, upon written notice to thcdcfaulting parly, nlay terminate rhis Agreement as of the date specified in the notice^ and may seek suchotlrer and further relicf ;u may be proria"O by law.
l0 compliance with Laws' Each party agees to comply with all applicable federal, state and local laws,codes. regulaliorrs. nrles. and orders.
)
Service .,lgreentenI
Rcv 3/2(X)2
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l5
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l2
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Assignment. Neittrcr party sball assigr or transf,er any interest in this Agreement, delegate any of its
obligations, nor assign ary clairns for money due or to become due under this Agreemen! rvithout the prior
rvri[cn appnwal of th o&erparry.
Termination. Each party shall have the right to terminate this Agreement upon not less than 60 days prior
rvritten notice to the other party. If notice is so given, this Agre€ment shall terminaie on the expiration of
the specified time period, and the liability of the parties hereunder for further performance of thc terms of
this Agreement shall thereupon cease, but the parties shall not be released from the duty to perform their
ohligations up to the date of termination.
Eutire Agreement This Agreement constitutes the sntire agreement between the partiss and supersedes
any previous contracts, undershndings, or agreements of the parties, whether oral or lvriuen, concerning
the subject matter of this Agreement.
Changes and Amendments. No amendment to this Contract shall be valid unless it is rnade in a writing
signcd bv the authorized representatives ofthe parties.
Notices. All notices required to be given under this Agreement shall be deemed given when delivered by
ccrtifietl nrail, return receip( or on the next business day following delivery by facsimile transmission if a
facsimile telephone number is shown below, to the d€sigmted representatives of the puuties. A party may
change its designated representailve or address at any time by giving written notice in the same mamer as
for any other notice. The initial represenDtives of the pafties are as follows:
University:
,\hnre. Kelly Rogers
l)apt' Colorado State Forest service
('olorado State University
Fort Collins, CO 80523-
Tclcphcrnc: 97 O -248-7 325
Fax 970-248-73 l7
Client:
Manre-' Rocking Chair Ratch I RRE vcc n 8LF /RuSr
Dept: ,.__.
.Addreil.. 4487 eorrnty ioiA Zi:
City, State. Zip: Rifle. CO 81650
Telephone: 97 0425 -2664
Fax:
With a copv to:
Contracts Manager
309 Administration Building
Colorado State University
Fort Collins, CO 80523{001
Governing Law and Venue, This Agreement shall be govemed by the laws of the State of Colorado, and
any legitl action conceming the provisions hereof shall be brought in the Distnct Court in and for the City
and Corrnty of Denver, State of Colorado.
Scvcrahility. The invalidity or unenforceability of any provision of this Agreement shall not affect the
validity or enforceability of any other provision. Any invalid or unenforceable provision shall be deemed
sevcred froln this Agreement to the extent of its invalidity or unenforceability. and this Agreement shall be
construed and enforced as if the Agreement did not contailr that particular provision to the extent of its
inva I idi ty or unenforceability.
Ability to contract. The parties represenl each to the other, that they are not sublect to ally rcstricrive
obligations inrposed by former or preseflt clients or other persons that would impair their abilily to perfonn
thcir rcspeclivc obligations hereunder.
,\'erurrr{, .:l gre t m C t il
Rev. 3/2(X)2
lN WITNESS WHEREOF, tlre parties hereto have executed this Agreement to be effectivc as of fie dales
set forth kein.
By "r, 0) e*d (*,,*{*r-._--T--_--
Nanre: John Denison
'Ii tlc : District Foresler
Darc a/{o=Authoriz-ed Representaiive
Date:
COLORADO STAIts TOREST
Servit'e ,-lgreeuenl
Rcv l/2002
DXHIBIT A TO SERVICE AGREEMENT
Scope of Work
The Clolorado State Forest Service rvill provide the following scrvices for thc Client:
'fimber Sale Preparation, including: sale area layout; timber marking
and crursing for volume estimatesl sale area determination, road and
skid tmrl layout. $ 25.00 pcr acre markcd
Cont ract Administ ration, irrcluding : contract preFaraliorL bidding, and
showing of sale to prospective buyers; timber sale inspections
as required for the course of the conuact: $26.00 per hour for time on site
h^t ht h tt,4 lo Se rwce . I gr ee ment
Intnak:
('st/.
( - ltc'nt.
EXHTBIT B TO SERVICE ACT
PAYMENT SCHEDULE
Clicnt rvill be. invoiced by the Colorado State Forest Servie for charges incurred during the previous operaling
sciroil. Invoicing will occur yearly at tlrc start of the big gane fall hunting season (September I -rth). Payment
will be duc within 30 days of invoicing.
I--xhrbt lJ to Service ,lgrcenent
lnlial.t:
('s{/:
('htnl:
Coulter Property
' Proposed Sale Area Map .
11t14t06
f] Coulter Cuttrng Units
Y:4
Authorization lD: RlF58
Contact lD: ROCKING_CHAIR
Expiration Date: 1 2/31/201 0
Use Code: 753
FS-2700'4c (05/03)
OMB No. 0596-0082
U. S. DEPARTMENT OF AGRICULTURE
Forest Service
PRIVATE ROAD SPECIAL USE PERMIT
AUTHORITY:
FEDERAL LAND POLICY AND MGMT ACT, AS AIIIENDED October 21,1976
ROCKING CHAIR RANCH IRREVOCABLE TRUST of C/O FRANCES COULTER, 4487 COUNTY ROAD
233. ,. RIFLE. CO 81650 (hereafter catled the Hotder) is hereby authorized to use National Forest lands for
the construction, reconstruction, maintenance, and use of a road within the White RiverNational Forest for
the following purposes:
u-TlLlzlNG APPROXIMATELY 1/4 M|LE OF A CLOSED ROAD TO PROV|DE ACCESS FOR LOGGTNG
TRUCKS FROM PRIVATE PROPERTY TO THE BUFORD/NEW CASTLE ROAD.
The lands covered by this permit are located in the County of Garfield, State of Colorado and are described
as follows: Sec.6. T.4 S.. R.91 W..6TH PR|NC|PAL MER|D|AN
This permit covers a right-of-way .25 miles in length, 30 feet in width, containing approximatety .9
acres, and is located upon the ground according to the survey line, figures, measurements, widths, and other
references shown on the map or plat attached hereto as exhibit(s) A and made a part hereof.
This permit is made subject to the following terms, provisions, and conditions:
1. This permit is subject to all existing easements and valid rights existing on this date.
2. The Holder in exercising the privileges granted by this permit shatl comply with all applicable State and
Federal laws, Executive Orders, and Federal rules and regulations, and shall compty with all State standards
for public health and safety, environmental protection, and siting construction, operation, maintenance of or
for rights-of-way for similar purposes if those standards are more stringent than applicable Federal
standards.
3. The Holder shall cut no timber except as authorized by construction stipulations or maintenance
agreements.
4. The Holder shall provide maintenance so that no damage occurs on adjacent National Forest land. The
Holder shall construct and maintain lead-off drainage and water barriers as necessary to prevent erosion.
5. Holder shall pay the United States for all injury, loss, or damage, including fire suppression costs, in
accordance with Federal and State laws.
6. Holder shall indemnify the United States for any and all injury, loss, or damage, inctuding fire suppression
costs the United States may suffer as a result of claims, demands, losses, or judgments caused by the
Holder's use or occupancy under this permit.
7. Holder shall pay annually in advance a sum determined by the Forest Service to be the fair market value
of the use authorized by this permit. The initial payment is set at $1 16.02 for the remainder of the calendaryear. Payments for each subsequent calendar year shall be the amount of $1 16.02 adjusted using the
lmplicit Price Deflator-Gross National Product index (IPD-GNP), or other factor selected by the Forest
Service, to reflect more nearly the current fair market value of the use. At intervals to be determined by
certain changes in the indexes used to establish the linear rights-of-way fee schedule, the fee shall be
reviewed and adjusted as necessary to assure that it is commensurate with the value of the rights and
privileges authorized. Failure of the Holder to pay the annual payment, late charges, or other fees or
charges shall cause the permit to terminate.
8. Pursuant to 31 U.S.C. 3717, elseq., interest shall be charged on any fee amount not paid within 30 days
from the date the fee or fee calculation financial statement specified in this authorization becomes due. The
rate of interest assessed shall be the higher of the rate of the current value of funds to the U.S. Treasury
(i.e., Treasury tax and loan account rate), as prescribed and published by the Secretary of the Treasury in
the Federal Register and the Treasury Fiscal Requirements Manual Bulletins annually or quarterly or at the
Prompt Payment Act rate. lnterest on the principal shall accrue from the date the fee or fee calculation
financial statement is due.
ln the event the account becomes delinquent, administrative costs to cover processing and handling of the
delinquency will be assessed.
A penalty of 6 percent per annum shall be assessed on the total amount delinquent in excess of 90 days and
shall accrue from the same date on which interest charges begin to accrue.
Payments will be credited on the date received by the designated collection officer or deposit location. lf the
due date for the fee or fee calculation statement falls on a non-workday, the charges shall not apply until the
close of business on the next workday"
Disputed fees are due and payable by the due date. No appeal of fees will be considered by the Forest
Service without full payment of the disputed amount. Adjustments, if necessary, will be made in accordance
with settlement terms or the appeal decision.
lf ihe fees become delinquent, the Forest Service will:
Liquidate any security or collateral provided by the authorization.
lf no security or collateral is provided, the authorization will terminate and the holder will be responsible for
delinquent fees as well as any other costs of restoring the site to it's original condition including hazardous
waste cleanup.
Upon termination or revocation of the authorization, delinquent fees and other charges associated with the
authorization will be subject to all rights and remedies afforded the United States pursuant to 31 U.S.C. 3711
et seq. Delinquencies may be subject to any or all of the foilowing conditions:
Administrative offset of payments due the holder from the Forest Service.
Delinquencies in excess of 60 days shall be referred to United States Department of Treasury for
appropriate collection action as provided by 31 U.S.C .3711 (g), (t ).
The Secretary of the Treasury may offset an amount due the debtor for any delinquency as provided by
31 U.S.C. 3720, et seq.)
9. All construction or reconstruction of the road shall be in accordance with plans, specifications, and written
stipulations approved by the Forest Service prior to beginning such construction or reconstruction.
10. The Holder shall repair fully all damage to National Forest roads and trails caused by the exercise of the
privileges granted by this permit.
11. The United States may use the roads without cost for all purposes deemed necessary or desirable in
connection with the protection and administration of the lands or resour@s of the United States, provided
that it will use the road for commercial hauling purposes, other than the removal of timber cut in construction
or maintenance of the road or other occasional incidental use, only after arranging to pay or perform its pro
rata share of road maintenance.
12. The Forest Service alone may extend rights and privileges for use of the road constructed on the
premises to other non-Federal users provided that such users shall pay a fair share of the current
replacement cost less depreciation of the road to the holder, and reconstruct the road as necessary to
accommodate their use,
13. The Forest Service retains the right to occupy and use the right-of-way and to issue or grant rights-of-
way for land uses, for other than road purposes, upon, over, under, and through the permit area provided
that the occupancy and use do not interfere unreasonably with the rights granted herein.
14. The Forest Service shall have the right to cross and re-cross the premises and road at any place by any
reasonable means and for any purpose in such manner as does not interfere unreasonably with use of the
road.
15. The Holder shall maintain the right-of-way clearing by means of chemicals only after the Forest
Supervrsor has given specific written approval. Application for such approval must be in writing and must
specify the time, method, chemicals, and the exact portion of the right-of-way to be chemically treated.
16. Unless sooner terminated, or revoked by the Regional Forester, this permit shallexpire and terminate
on 1?13112O10. At that time, if the holder still needs the road for the purposes for which this permit is
granied, the permit will be reissued for a period of 10 years (or the estimated remaining life of the projegt,
whichever is less). At the time of reissuance, the terms and conditions may be modified and new conditions
or stipulations added at the discretion of the Forest Service.
17. This permit may be terminated or suspended upon breach of any of the conditions herein, or revoked at
the discretion of the lssuing Officer.
18. Upon termination or revocation of this special-use authorization, the Holder shall remove within a
reasonable time the structures and improvements and shatt restore the site to a condition satisfactory to the
authorized officer, unless otherwise waived in writing or in the authorization. lf the Holder fails to remove the
structures or improvements within a reasonable period, as determined by the authorized officer, they shall
become the property of the United States, but this does not relieve the Holder from liability for the removal
and site restoration costs.
19. Nonexclusive Use and Public Access. Unless expressly provided for in additional terms, use of the
permit area is not exclusive. The Forest Service reserves the right to use or allow others to use any part of
the permit area, including roads, for any purpose, provided, such use does not materially interfere with the
holder's authorized use. A final determination of conflicting uses is reserved to the Forest Service.
20. Forest Service Right of Entry and lnspection. The Forest Service has the right of unrestricted access
of the permitted area or facility to ensure compliance with laws, regulations, and ordinances and the terms
and conditions of this permit.
21. Liability. For purposes of this section, "holder" includes the holder's heirs, assigns, agents, employees,
and contractors.
A. The holder assumes all risk of loss to the authorized improvements.
B. The holder shall indemnify, defend, and hold the United States harmless for any violations incurred
under any such laws and regulations or for iudgments, claims, or demands assessed against the United
States in connection with the holder's use or occupancy of the property. The holder's indemnification of
the United States shall include any loss by personal injury, loss of life or damage to property in
connection with the occupancy or use of the property during the term of this permit. lndemnification shall
include, but is not limited to, the value of resources damaged or destroyed; the costs of restoration,
cleanup, or other mitigation; fire suppression or other types of abatement costs; third party claims and
judgments; and all administrative, interest, and other legalcosts. This paragraph shall survive the
termination or revocation of this authorization, regardless of cause.
C. The holder has an affirmative duty to protect from damage the land, property, and interests of the
United States.
D. ln the event of any breach of the conditions of this authorization by the holder, the Authorized Officer
may, on reasonable notice, cure the breach for the account at the expense of the holder. lf the Forest
Service at any time pays any sum of money or does any act which will require payment of money, or
incurs any expense, including reasonable attorney's fees, in instituting, prosecuting, and/or defending
any action or proceeding to enforce the United States rights hereunder, the sum or sums so paid by the
United States, with all interests, costs and damages shall, at the election of the Forest Service, be
deemed to be additional fees hereunder and shall be due from the holder to the Forest Service on the
first day of the month following such election.
E. With respect to roads, the holder shall be proportionally liable for damages to all roads and trails of
the United States open to public use caused by the holder's use to the same extent as provided above,
except that liability shall not include reasonable and ordinary wear and tear.
F. The Forest Service has no duty to inspect the permit area or to warn of hazards and, if the Forest
Service does inspect the permit area, it shall incur no additional duty nor liability for identified or non-
identified hazards. This covenant may be enforced by the United States in a court of competent
jurisdiction.
22. Members of Congress. No Member of or Delegate to Congress or Resident Commissioner shall benefit
from this permit either directly or indirectly, except when the authorized use provides a general benefit to a
corporation.
23. Appeals and Remedies. Any discretionary decisions or determinations by the authorized officer are
subject to the appeal regulations at 36 CFR 251, Subpart c, or revisions thereto.
24. Assignability. This authorization is not assignable or transferable. lf Holder, through death, voluntary
transfer, enforcement of contract, foreclosure, or other valid legal proceeding shall cease to be owner of the
above-described real property accessed by the authorized road, this authorization will terminate.
25. Superior Clauses. ln the event of any conflict between any of the preceding printed clauses or any
provision thereof and any of the following clauses or any provision thereof, the preceding printed clauses
shall control.
ln Witnfss Whereof, the parties hereto have caused this authorization to be duly executed on this: 'n day of A. * L, )oOL
Holder
ay, ' /ri ,- r-L7 ('o-tl-k^
ROCKTNG CHAIR RANCH IRREVOCABLE TRUST
According to the Paperwork Reduction Act of 1995, no persons are required to respond to a collectircn of informauon unless rt displays avalid oMB control number' The valid OMB control number for this information collection is 059&.00g2.
This information is needed by the Forest Service to evaluate requests to use National Forest System lands and manage those lands toprotect natural resources, administer the use, and ensure public health and safety. This information is requireo to oblain or retain a
99!9fit rhe authority for that reguirement is provided by tire organic ect or tggl and the Federal Land poticy and Management Act of1976, which authorize the Secretary of Agriculture to OrdmutOate-rules and regulations for authorizing and managing National ForestSystem lands. These statutes, along with the Term P'ermit Act, National roreit st<i Area permit Act, Granger-Thye Act, Mineral LeasingAcl, Alaska Term Permit Act, Act of September 3, 1954, Wildemess Act, National Forest Roads and Trails-Act, Acl of November 16,1973, Archaeological Resources Protection Act, and Alaska National lnterest Lands Conservation Act, authorize the secretary ofAgriculture to issue authorizations for the use and occupancy of National Forest System lands. The Secretary of Agriculture.sregulations at 36 CFR Part 251 , Subpart B, establish prbcedlres for issuing thme authorizations.
The Privacv Act of 1974 (5 U.S.C. 552a) and the Freedom of lnformation Act (5 U.S.C, 552) govern the confidentiality to be provided forinformation received by the Forest Service.
Public reporting burden for this collection of information, if requested, is estimated to average I hour per response for annual financialinformation; average t hour per response to prepare or updaie operation and/or maintenance plan; ave6ge t hour per response forinspeclion reports; and an average of t hour for each request that may include such things as reports, rog;, racility and user information,sublease information, and other similar miscellaneous iniormation requests. rnis inctuoes the time foi reiriewrng instructions, searchingexisting data sources, gathering and maintaining the data needed, and completing and reviewing the collection of information.
MARIBETH GU
Exhibit A
S,:aie i 24 000
|) 100t1 ]-i00 FBet
d:-=--
0 05 I Miles
0 50C 100C Merars
Project:
County: Gadield
Township and Range: T. 4 S-, R. 91 W.
*l,nn Chair Ranch Access Road
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WARRANTY DEED
dryol SEPItsAlR
F. ESEI,ITIEEA rd lirrro rt'
gffi'ICN 1: Wt 5, gL/ZNt/Z, grtL/4, NU2SEI"/4, S{1/4SEL/4Sffi16p.1 2, t-cfP 2, SL/ZNEL/4, I,IE1/4S81'/a, St1igg11a
TmEIffia w:mH Al{D s[.r&IE'I Io Aqr€€slnnt for Grarrt of Easennnts and toRestrictivE oolrenants kxctr,E€rr,it" city of fl.rf]g arrl william c. Ba|^,ErlBorlen remrded rn Bmk ,r.q2_ at paire Ll-5 AAI.s IEETHER Hry-+I #.;G*n".r,.it'H"ffi0 that alrcHm 38 Alrrr;r*rlch ie I,lCr incrrr*ed in t]e mrrantles cmtaln€d rrenein,
STI.IT:TS HENEBY RESEM/E ONE-rtrAIf OT ALL MINERAI.9 N.ID I,{INERAL RIG}IITI.at knorn by lrcot tnd numbar ar
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IO HAW Aijo lo Bol,0 tha t.td prrmrr.r .boy. ba,garnad rnd da.c{1b.6. fflh th. .ofrudrn.ncal. unto th. gr.nl.., htr hair, .nd a|.tgn,lo/trrtar A^O tn. grantot. to, htftrfl. hia hil,a, .n6 p.,aofi.t rlpt.tantrt0at, dott Covan nt, grtnt, Dtrgain. .nO aera, to and wilh th. gtrnloa. htB hal,r md..lgnr' rh'r rr thr "Dr or rha ,nr..ring rntt dr*vrry ot th.E praaarir. h. rr Hrr rirrd of th. pramrrar abov, oonvryrd. h* eoo{. aura, p.dacr, rDrorua
'nd lrxt'lt,iblt td'lo ol tnh'rilf,nr' lh llr, r^
'a. .h9la, .nd har good ,.ght. rul rro.'ar and ra*rur rurho([y ro grrnr. o.rsrrn. x[ and mnyry rhr ur]afrf 'il'nnt' )no lo'nt 'l ilortt'rol rnd th'l lht tma aaa ttaa tnd c$atr ftom ar ro,m?, mo ortrer g.inrr. bargrinc ralcr. ilrnr, rtral rtaatrhanrltf,cumD{tno'r trrd t''tlt'cilont or wh'rft'r rir*, o' nrlu,. F.?.r.rrcr9r generar tax€s arrt as{*l6glrBntg fOr the yearL997 and subscqu€nt ysars, u. s. r{tern reaaruatlonE, saa€nnrrts, rtghts ofmy ard rgstrlcticls, of rooorld
rht g''nl$ rl'rll 16( fill lvannANt ANO FoRE\En 0EF€ND lfu.bo,lt rg.ln.d p,nnira lh rha qur.r arld praoarir. poar.maoo o, rl,. g^nra..hlt htlrt ud ..rl0nl' '$''n6 'll 'nd 'v'ry rEtxln o' prrrom hwtully cl.lmlng tn, trhola 0r tny part lharrcr, Ttlr rnoull? numDat tnrll lnduda th, pa{ra,lha Olural tlla trngular. ind th. rrm o{ any gandar ar,tall D. apgllc.Dl. lo rll gandarr.
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A8 JOllT tHlArlI8. Lllr PUtt ntc;tt Of S1;VItgfgltp,
whtxcrolrl ultlrcrh 4487 - 233 ROAD, RIFLE, @ 8L6SO
of thc Crruntyuf GARFTED rrd $rtc of Cnlondo. lnnrcc:WIlNt,^$ilIlI{. 'lltra rh,G grlnror for rnd ln ron.ldcrllion o, thc fu,r of
'nn.Q rtJronEo lHltly TlrrJstto ffi ro/t00*., D()llJ\k.ii,lh. ,.c.lpt r*, $!,',o,.'r6y a, wni,h tr hrraby ."rnow,.dgtd. hat grmlad. bargdnad. xrld an6 oonvr,{,. rnd by thrx p,.rntt doar g,mt, bare,n, dl.oonvry 'nd oonh'm unlo lht g"nla.. hrt hlkl lrtd trr.gdt lofrva!, all lne rarl propnty tofttha, w{h tnrprow,nanh. l, .ny, atlurtr, ty1.g rnd Darno h th,
county of GARF'IE D rnd &.t. of Cnto{r6o d.torlb.d r. rolorr.:
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WARRANTY DEED
e{th dryor SEPf$tsm
19 9?, b6ttt6cn
TfiI&IT}' C. MWEN N{N JOHN F. WIITN
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tocgnm Hm!{ At'lD suBJEr ID }ryneeurnrrt for Grant of Easennnts aff tomftricti\re oo,/enalr,s bffi,Ben itre city of Frrr; and t{lrliam c. BcnEnBohmn reerded iri Book i:4L at p6e L/S_B .- -----' -'
At's rwErHm wrf -qflf*T.ry-p"rmit-r.loffio that atrqrrs 38 Atlrt,.lrtrlch io tsr lncr*rqd in trre wa:rantres ctrteiJld her.oin,
gELLmS HERmY RESEHIVE ON&'fnLF'Of ALL MINERAI.S N,lD I'{tr{ERAL Rlc}UTI.ll knorrn Dy l.lrt tnd rlumb{r r!:
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'or
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'nd lnd'ttiillbl' 'llttc ot inh'rll'n(r. in l'w, ln lta ahPla. rnd hil good riehr. rrrll po,v|tr tnd ratNlur rurho.[y to granr. b.rsain. ,.il .nd @nvay rrr ranaln mannrrund lorm rr ;lilrLid, . d that th, rrm. rr. ,iaa and Cit, horn til ,6rmr, and otfirr grintr. bargrtn0, g.leE, ilrnr, tlras, rtaaltrantt,ficuflbr'notrtodr',,ticiioarorwhrr#tf li'*rornrlu,.rorw..rrcrgr ggn6r.8l. ta)€g arr, agsegslrEtnt6t for ths year1997 ard &$66quont ys6rg, U. S, pitorn rme.lrlmtlorrs, ;"r**rn", rtghts ofxay affi rpstrlctietr, of neoond
Thr grrnto rh.il rnd rlfl wARRfNI AUO fOREltn 0tf6}{O ihr .bor.b.,grlnrd Frmirr. lfi th. qu{.r rnd paorrbtr pon.r*on oa tltl enntre,hlr trirr 'n't r|clgnt' r$rlnil tll rnd 'v'ry Plrlon or g.rront hl}{ully clrtmtng rnr $fiob gr rny pei thatrd, rha rlngulr, numbar rfdl hdudr tha pllra!lha Olu,r, lha r'ngurrt. in[, thilJn o,l tny gahdar atiail b. appllc.b{. to tltg.nd.rr.
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