HomeMy WebLinkAbout1.0 Application• •
APPLICATION
Conditional Use Permit
GARFIELD COUNTY PLANNING DEPARTMENT
109 Eighth Street, Suite 303
Glenwood Springs, CO 81601
Telephone: 970-945-8212 Facsimile: 970-384-3470
Submittal Date: 6 (.2 (P 10i
Base Fee: $250.00
Applicant: E •'O S Z y k
Address of Applicant: 5-342 NI • '44. S1. GT, CO Telephone: 97C ,ago- 1364
Conditional Use Being Requested: T M ire r 421E-6cic.+1 out
Zone District: Size of Property: a 5 to ac re S
Application Requirements: These items must be submitted with the application
NOTE: ***Please submit three (3) COMPLETE sets of application & supporting information at submittal
1.) Plans and specifications for the proposed use including the hours of operation, the amount of
vehicles accessing the site on a daily, weekly and/or monthly basis, and the size of any existing or
proposed structures that will be utilized in conjunction with the proposed use. Please submit this
information in narrative form and be specific.
2.) If you will be using water or will be treating wastewater in conjunction with the proposed use,
please detail the amount of water that would be used and the type of wastewater treatment. If you
will be utilizing well water, please attach a copy of the appropriate well permit and any other
legal water supply information, including a water allotment contract or an approved water
augmentation plan.
3.) A map drawn to scale portraying your property, all structures on the property, and the County or
State roadways within one (1) mile of your property. If you are proposing a new or expanded
access onto a County or State roadway, submit a driveway or highway access permit.
4.) A vicinity map, showing slope of your property, for which a U.S.G.S. 1:24,000 scale quadrangle
map will suffice.
5.) A copy of the appropriate portion of a Garfield County Assessor's Map showing all public and
private landowners adjacent to your property. Include a list of all property owners and their
addresses.
6.) Attach a copy of the deed and a legal description of the property. If you are acting as an agent for
the property owner, you must attach an acknowledgement from the property owner that you may
act in his/her behalf.
7.) You must submit an impact statement consistent with the requirements of Sections 5.03,
paragraphs 1 thru 3, detailing the impact of the _proposed, conditional use.
The consideration of this proposed Conditional Use will require at least one (1) public meeting, for which
public notice may not be required. However, in the discretion of the Board of County Commissioners,
the consideration of this proposed Conditional Use may require at least one (1) public hearing, for which
public notice must be provided. The Planning Department will mail you information concerning the
public meeting hearing(s), approximately 30 days prior to the scheduled hearing. You will then be
required to notify, by certified return receipt mail, all adjacent landowners and publish the notice provided
by the Planning Department, in a newspaper of general circulation. Both these notices must be
mailed/published at least 15 days prior to the public hearing. The applicant shall bear the cost of mailing
and publication and proof of mailing and publication must be submitted at the time of public hearing.
The informationfjtained wt
Applicant:
pplication •s c
plete and correct, to thest of mknowledge:
le
Date:
01
** (additional copies of application & attachments will be necessary when application goes
before the Board of County Cbnrnissioners and/or Planning Catrnission)
4
• •
TIMBER HARVEST PLAN
for
ED ROSZYK
536 N. 4TH. St.
Grand Junction, CO
(970) 256-1304
Covering portions of sections: 10, 11, and 12,
Township 6 south, Range 100 west of the 6th P.M.
Garfield County, Colorado
Prepared by:
Kelly Rogers, Assistant District Forester
Colorado State Forest Service
222 S. 6th Street, Room 416
Grand Junction, Colorado 81501
(970) 248-7325
June, 2001
Table of Contents
I. Description of Proposed Harvest Area
3
A. Location 3
B. Current Road Access 3
C. Topography and Climate 4
D. Soils
E. Wildlife 4 4
F. Timber
II. Proposed Silvicultural Treatments
6
A. Objectives and Recommendations
7
III. Proposed Harvest System
7
A. Logging System 77
B. Hauling System
IV. Proposed Rehabilitation Guidelines
8
V. Schedule of Operations
8
VI. Potential Impacts and Planned Mitigation
9
A. Soil and Water Resources 9
B. Recreation and Aesthetics 9
C. Wildlife Habitat and Range Values 10
D. Fire Protection
10
E. Impact on Neighboring Landowners and Communities. .11
VII. Enforcement of Timber Harvest Plan 12
VIII. References 12
page
3
IX. Appendix
A. Legal Description and Property Deed
B. Property Location Map
C. Proposed Project Location/Topographic Map
D. Copy of Garfield Co. Assessor's Map showing adjacent
landowners
E. Soil Descriptions
F. Timber Cruise Data
G. Timber Sale Contract
H. Landowner Service Agreement
I. BLM Access Agreement
J. Private land access agreement
K. Letter of authorization from Mesa County
• •
I. Description Of Proposed Timber Harvest Area
A. Location
The proposed harvest area lies within selected Douglas -fir timber
stands in the Left Fork of Carr Creek and the Bear Gulch
drainages, approximately 20 air miles northwest from the town of
DeBeque. This proposal covers a portion of approximately 2,500
acres of the Roszyk property. A complete legal description for
the property is included in the Appendix.
The property has not been surveyed recently, and the boundaries
are not entirely delineated by fencing. Survey monuments have
been located within section 1, in township 6 south, Range 100
west, and approximate property lines have been flagged. Refer to
the Property Location Map and Topographic Map in the Appendix for
a detailed description of the boundaries.
B. Current Road Access
The property is currently accessed from I-70 by paved and gravel
county roads, and dirt roads on the private land. From I-70,
approximately 25 miles are county -maintained, either paved or
gravel road. The remaining 3 miles are on BLM or private land.
New road construction will be necessary on about 2 miles of
private land. Refer to Section III of this plan for detailed
information on the planned haul route.
C. Topography and Climate
The Roszyk property covered by this plan lies along the north
side of 4A Ridge and parallel to the Left Fork of Carr Creek and
Bear Gulch. Please refer to the Topographic Map in the appendix
showing topography and proposed sale location. Topography is
fairly level along the creek bottom meadows, changing to a series
of rolling benches along the south side of Bear Gulch and the
Left Fork of Carr Creek, then steeply sloping side hills rising
to rock cliffs along the north side of 4A Ridge. The proposed
harvest area lies along the bench and the toe slope above Bear
Gulch and the Left Fork of Carr Creek. Slopes range from nearly
level along the bench to over 60% on the side hills. Elevation
ranges from 6400 to 7600 feet.
Several intermittent drainages flow north across the property
through the harvest area into Bear Gulch or the Left Fork of Carr
Creek, which sometimes has year-round running water. These small
drainages appear to carry water only during a brief period of
snow runoff, or during heavy thunderstorms.
According to the soil survey published by the Natural Resources
3
• •
Conservation Service, the average annual precipitation for this
area is 20 to 25 inches, average annual air temperature is about
40 degrees, and the frost -free period is less than 75 days.
Average annual snowfall is 150 to 200 inches.
D. Soils
Soils information for this property was furnished by the Natural
Resources Conservation Service. The soil types within the planned
harvest area are described as a "Utso-Rock Outcrop complex, 40-90
percent slopes". This soil is characterized as deep and well -
drained, formed from colluvium and alluvium derived dominantly
from Green River shale. Permeability is moderate, available water
capacity is low, runoff is rapid, and the hazard to erosion is
high to very high due mainly to steep slopes. There are currently
no signs of serious erosion within the proposed harvest area.
Complete descriptions of the soils found on the property and
their management concerns can be found in the Appendix.
E. Wildlife
The conifer forests within the proposed harvest area provide
important habitat for many species of wildlife. Wildlife sign
noted on she property includes that of elk, mule deer, black
bear, coyotes, porcupines, rabbits and other small rodents,
turkeys, and a variety of other birds. The Douglas -fir timber
seems especially well suited to hiding and thermal cover for elk,
as numerous trails and recent sign of elk were noted along the
hillside above Bear Gulch.
According to Colorado Division of Wildlife WRIS data (Wildlife
Resource Information System), this area serves as summer and
winter range for elk, and summer range for deer. The area is also
home to a resident population of turkeys. The WRIS data does not
identify any critical areas (such as calving or fawning grounds)
for elk, deer, or other species within the proposed harvest area.
Adjacent landowners to this property have recently been involved
with an effort by the CDOW to re -introduce the Colorado River
cutthroat trout on a portion of Carr Creek (upstream from the
Roszyk property). Though not listed as threatened or endangered,
this species has been identified by the CDOW as a `species of
special concern" in Colorado.
There are no threatened or endangered plants or animals known to
be inhabiting or utilizing the area.
4
•
F. Timber
As determined by aerial photography, approximately 838 out of the
2,500 total acres of the property are forested. This forested
area is composed of an almost pure stand of Rocky Mountain
Douglas -fir, occasionally mixed with pinyon and juniper on the
drier slopes, and small patches of aspen timber in the wetter
areas. A preliminary cruise was done on the property's timber in
order to determine general stand characteristics, silvicultural
recommendations, and expected timber yield. Ten variable radius
prism sample plots were randomly located within the operable
portions of the property. Results of the cruise are summarized
below; refer to the Appendix for complete cruise information.
Douglas -fir Stand Data
Ave. Ave. Stems/
DBH Ht. Acre BA/Ac Age Slope BdFt/Ac
10.6 58 139 85 102 40% 7,984
These Douglas -fir stands are generally uneven -aged, with a good
distribution of age classes. There is adequate natural
regeneration of seedlings and saplings throughout. The understory
varies from heavy concentrations of oakbrush and serviceberrY
under less dense stands, to low snowberry, woods rose, or a
barren li=ter and duff layer under the denser timber.
Small patches of aspen occur along the upper elevations and in
draws, occasionally mixing with the Douglas -fir. Some isolated
spruce may also occur along stream bottoms, although this species
is not common. None of the aspen stands were inventoried, or
considered as part of this evaluation; these aspen stands are
mostly very small diameter, stunted, and of non -merchantable size
and form.
The Douglas -fir timber is somewhat variable as to stocking and
size. The variability is due to growing site conditions, as well
as past disturbance to the timber due to wildfire, insects,
disease, or windthrow. There is very little evidence of past
cutting. At least 3/4 of the total forested acreage is probably
unsuitable for harvest, either from inadequate stocking, size, or
difficulties in access. Large rockfields or cliffs may limit
access even by foot or helicopter. The most feasible areas to log
with either helicopter or conventional tractor appear to be the
larger, more continuous patches of relatively dense timber
located a= the toe slope above the Left Fork of Carr Creek, Bear
Gulch, and the steeper terrain above.
The Douglas -fir timber is relatively healthy, with little damage
5
• •
due to insects or disease. There is evidence of old bark beetle
damage in some stands, with small groups of old dead trees. In
general the bark beetles appear to be at endemic levels. There
was no damage noted from western spruce budworm.
The timber is surprisingly young; average age for all sampled
trees was 102 years. Growth rates in the younger stands are good
to excellent, although as the timber gets over 120 years old the
growth ra=e declines dramatically. Defect is relatively low in
the younger timber but increases with age. Older trees have a
high defect percentage due to sweep, crook, rough tops, and
knots. There is very little rot in this timber, probably due to
the relatively dry, cool site conditions.
II. proposed Silvicultural Treatments
A. Objectives and Recommended Treatment
The long-.erm objectives for the property, as expressed by the
landowner, are as follows:
• To improve the overall health and productivity of the forest.
• To provide revenue through a commercial timber sale.
• To maintain or improve the wildlife habitat, especially for
elk, deer, and turkey.
• To improve road access into the area.
In order -7:o best meet these objectives, a selective cut of the
Douglas -fir timber is recommended. Selective cutting is an
uneven -aged management technique that removes trees from all size
classes to effectively reduce the stand density (basal area) in
order to increase the vigor of the residual stand. Stand density
of trees over 6" DBH should be reduced by about 25%, to somewhere
around 70 stems per acre (Joy and Hutton, 1990). After harvest,
the resulting stand will ideally have an even distribution of
trees from all size classes. The preliminary cruise data
currently shows a larger number of trees in the 10-16 inch range,
so trees in these size classes should be selected most. Trees
selected for removal should also be the poorer formed, more
suppressed trees with obvious defects like sweep, crook, or
forks, in order to improve the stand genetics. A scattering of
very old, flat-topped trees should also be left for wildlife
benefits.
A selection cut in these Douglas -fir stands will maintain the
present appearance of a mature, high forest. The forest should
retain its overall value as wildlife cover. Forage availabilty
6
• •
will be increased somewhat due to increased light on the forest
floor. In addition, a commercial product will be produced and
revenue will be generated for the landowner, and the residual
stand will be healthier and more productive. Repeated entries of
this type can be planned at 15-20 year intervals to maintain a
sustained flow of forest products over time.
III. Proposed Harvest Systems
A. Logging System
It is anticipated that conventional tractor skidding will be e used
to harves= the majority of the timber. Tractor skidding
used on the toe slope and bench areas, up to about 50% slopes.
Rubber tired skidders are recommended to reduce damage to the
residual stand; these can be either grapple or cable skidders. It
is also anticipated that a tree shear will be used for felling
trees. The shear can be either track -mounted or rubber tired.
Hand felling may also be used. In any case, the trees should be
whole tree skidded to reduce the slash load within the harvest
area. Winer logging has definite resource protection advantages,
but may not be economically feasible due to snow removal costs
and slope constraints.
The steeper portions of the property may be logged using is
helicopter yarding, although at this time helicopter logging
not economically feasible. Helicopter yarding will reduce the
amount of road and skid trail construction, and will reduce the
amount of ground disturbance. Helicopter yarding will require
lopping and scattering of limbs and tops rather than whole -tree
skidding in order to reduce the weight of trees.
B. Hauling System
The existing road system is described in Section I.B, above. The
expected haul route will be:
Road Section Surface Milage
Top of sale area to County Road 207 dirt 2.5
Coun:y Road 207 to County Road 204 gravel 4.2
Coun:y Road 204 gravel 4.9
County Road 204 to Mesa Co. Rd. 45 paved 11.8
Mesa Co. Rd. 45 to I-70 paved 4.5
Total Milage to I-70 27.9
7
• •
All roads are currently adequate for log truck hauling up to the
boundary of the BLM land (see the Topographic Map in the
Appendix). Access agreements are in place between the BLM, the
adjacent landowner involved, and Mesa County Road and Bridge (see
Appendix). An existing low water crossing on Carr Creek andthel
Left Fork of Carr Creek will be used, and an existing jeep t
will be widened and graded to minimum haul road standards for
about 2 miles.
Minimum haul road standards are 14 foot width, with maximum
adverse grade of 8%. Maximum favorable grade is 15%. Road base
will be native material in most places, although it may be
necessary to haul in gravel or shale deposits to cover some of
the rockier stretches of this road.
There are two shallow, intermittent drainages that will be
crossed along the bench above the Left Fork of Carr Creek. These
crossings should be at right angles to the streambed, and should
consist of steel or ADS culverts at least 18" in diameter.
Culverts should be placed on a 2 to 4% grade, should be covered
with at least one foot of dirt, and an apron of rock provided for
outflow to spill on.
There are approximately 1.2 miles of new road construction
required r_o access the sale. The new road will be of the minimum
standard necessary to remove logs, with very little road base or
ditching. None of the new road constructed will be accessible to
public use. Temporary spur roads and landing areas may be
necessary to access parts of the harvest area; these temporary
roads will be rehabilitated by grading and seeding after the sale
is complexed.
The proposed timber harvest is expected to total approximately
1,250 to 2,500 tons (approximately 250,000 to 500,000 board
feet). This will amount to between 50 and 100 truckloads. Log
hauling is expected to proceed at the rate of 1 to 2 loads per
day for the duration of the sale.
IV. Proposed Rehabilitation Guidelines
Rehabilitation of the sale area should be largely unnecessary.
Natural regeneration of Douglas -fir seedlings is plentiful, and
it is expected that no replanting will be required. Landing slash
will be piled for subsequent burning when conditions allow. Burn
scars from pile burning, large landing areas, temporary roads,
and well used skid trails may require disking and re -seeding with
grass. In addition, for several years after the sale is completed
the landowner will have to monitor and treat any infestations of
noxious weeds.
8
• •
V. Schedule of Operations
Road improvement, harvesting and hauling operations will begin as
soon as the required permits for hauling on county -maintained
roads have been obtained. This initial sale of 1,250 to 2,500
tons will likely take 1 year to complete. Subsequent sales of
timber on this property will be evaluated as a separate project
from this initial entry.
Only abou= 5-6 months of the year are typically available for
logging. Seasonal shut -downs of work are anticipated for spring
runoff in March -May, and for the big game hunting seasons in
October and early November. Heavy snows can limit logging
operations from January 1 to the end of March. Logging and
hauling are least damaging in the early to mid winter months of
November and December, when the ground is frozen and before snow
removal costs are prohibitive.
VI. Potential Impacts and Planned Mitigation
A. Soil and Water Resources
Selective timber harvesting will likely improve the watershed
value of he area treated, with slightly increased yields
immediately following harvest. This increase is due to the
decreased density of the timber and less interception of snow in
the tree canopy. The increased water collection will provide
benefits for ten to twenty years as the forest rapidly regrows
(Alexander, 1986).
Increased sediment production from timber harvest can usually be
attributed to poor road or skid trail design rather than the
actual removal of timber. Proper road design and drainage, along
with rehabilitation of disturbed areas, will ensure minimal water
degradation from this project. Carr Creek and the Left Fork of
Carr Creek will be crossed at only one point (at existing
crossings) and the stream channels will remain relatively
undisturbed. In addition, a streamside management zone (SMZ) of
at least 50 feet will be maintained along all perennial streams,
where no removal of timber will be allowed.
There is no obvious history of slumping, mass movement, or known
indicators of unstable soils in the proposed sale area. Available
soils information for the area indicates that mass movement
potential is low.
Logging and road construction have been carefully planned to
avoid steep slopes, wet areas, or suspected unstable soils.
Mitigation measures will include prompt revegetation of disturbed
areas, road drainage systems with proper culvert placement, and
9
• i
stabilization of cut/fill slopes.
B. Recrea.ion and Aesthetics
Since the sale area is located on private lands, public
recreational opportunities are not available. The proposed timber
sale will improve the vehicle access for the landowner or any
hunters allowed on the property. Log truck traffic may be
noticeable to surrounding neighbors as well as big game hunters
utilizing surrounding public lands. Logging operations will be
shut down during the fall big game hunting seasons in October and
early November.
Visual impacts from this sale will also be very minimal, since
the partial cutting of these stands will be almost un -noticeable
from a distance. Very little of the sale area is visible from a
public road.
C. Wildlife Habitat and Range Values
One of the objectives in managing the property's timber resource
is to maintain or improve the wildlife habitat. As mentioned
previously, the proposed timber sale should not affect the
overall value of these stands as big game cover. Elk, deer, and
turkey may be temporarily displaced from the area during logging
and hauling operations.
Immediately following the timber harvest, understory vegetation
will likely increase due to more light reaching the forest floor.
Most of this increase is in grasses and forbs that are palatable
to cattle and other grazers. This increase is relatively short-
lived; within 15 years, the area will usually be producing about
the same amount of forage as before harvest.
Nesting sites for forest raptor species such as goshawk or
flammulated owls will be identified within the harvest area prior
to the timber harvest, and the sites will be protected from
logging damage. In addition, standing dead trees or trees with
dead tops will be retained at a average density of 6 trees per
acre.
D. Fire Protection
As with all private land in Colorado, responsibility for fire
control on this property ultimately lies with the County Sheriff.
The property is outside of any local fire protection district.
The nearest fire district is DeBeque, about 12 miles south. The
entire parcel is within a mile of BLM land, thus it is within a
mutual aid zone for the first burning period. Initial response to
10
• •
a wildfire on the property would likely be by the DeBeque Fire
Protection District and BLM personnel. Following the initial
burning period, the Garfield County Sheriff, assisted by the
uld
Coloradores.�needed toscontrolca�fiore, andve howodetermine
to
resources
pay for them.
re
Under favorable burning conditions, the closed -canopy Douglas -fir
stands on this property are capable of supporting an intense
crown fire that could be difficult to control. Carr Creek and its
tributaries offer easy access to water for firefighting in places
on the property. The proposed timber sale activity on this
property will increase the risk of fire somewhat due to the
operation of chainsaws and heavy equipment. The risk will be
mitigated by requiring operational spark arrestors on all
chainsaws, and by requiring a minimum of one shovel and one fire
extinguisher for each piece of equipment on the sale. Improving
the road will also improve the access for firefighting vehicles.
The presence of heavy equipment such as bulldozers and skidders
to suppress a fire, whether natural or man -caused, is beneficial.
A timber sale agreement will specify that contractors working on
the property are liable for the cost of suppressing any wildfire
that they start. The sale agreement will also specify that the
landowner may shut down operations if the fire danger is high.
E. Impact on Neighboring Landowners and Communities
Land in close proximity (within a mile) to this property is
mostly undeveloped. The proposed on-site logging activity is not
expected To impact neighbors significantly. There will be a
short- term increase in traffic along the proposed haul route,
with a resultant increase in noise and some dust along County
roads 204 and 207. Traffic will consist of one or two log truck
loads per day, plus two or three pickups. Creation of road dust
along the proposed haul route may impact some residents.
Mitigation will include water or dust control chemicals if
necessary. If dust impacts become a problem further mitigation by
limiting -he number of loads per day and/or the speed of haul
trucks may be necessary. Logging and hauling .operations will only
occur during daylight hours.
No permanent structures will be utilized or built on the property
as part of this timber sale. No water will be used in conjunction
with this sale, and no wastewater will be produced.
There is currently a strong market for Douglas -fir log products
in the area. The US Forest Service is the main supplier of timber
in this region, and timber sale offerings by the Forest Service
have dropped dramatically in recent years. Harvest of timber on
the property will help support the local timber industry and will
create jobs for logging contractors, truckers, and mill workers
in local communities.
11
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VII. Enforcement of Timber Harvest Plan
Enforcement of on-site logging operations will be the
responsibility of the landowner, or an agent designated by the
landowner as sale administrator. A Timber Purchase Contract shall
govern the sale of timber, and will cover items such as sale
period, payment terms, performance bonds, damage penalty,
performance standards, and arbitration. A copy of this agreement
is included in the appendix.
Enforcement of permits required for hauling logs on county roads
or state highways will be the responsibility of the appropriate
jurisdictional agency involved.
VIII. References
1. Soil Survey for the Bookliff Area, Mesa County, Colorado, U.S.
Departmen7. of Agriculture, Natural Resources Conservation
Service.
2. Colorado Division of Wildlife, WRIS database.
3. Joy, John W., and Hutton, Diane M., 1990. Douglas -fir in
Southwest Montana: A Love/Hate Relationship. USDA Forest Service,
Northern Region. 7 p.
4. Alexander, Robert R., 1986. Silvicultural Systems and Cutting
Methods for Old -Growth Spruce -fir Forests in the Central and
Southern Rock Mountains. USDA Forest Service General Technical
Publication RM -126.33p.
12
APPENDIX A
Legal Description:
T. 5 S., R. 99 W., 6`h. P.M.
Sec. 31: SE1/4SW1/4, S1/2NE1/4SW1/4, S1/2SE1/4, S1/2N1/2SE1/4
Sec. 32: S1/2S1/2, S1/2N1/2S1/2
Sec. 33: SW 1/4SW 1/4, South Latitudinal 10 chains of lot 21
T. 6 S., R. 100 W., th. P.M
Sec. 1: NW 1/4SW 1/4
Sec. 2: Lot 5 (3.89 acres),
N 112S 1/2, SW1/4SW1/4
Sec. 3: Lot 5 (3.77 acres),
Sec. 10: All
Sec. 11: All
Sec. 12: NW 1/4
Lot 6 (3.86 acres), Lot 7 (3.84 acres), Lot 8 (3.81 acres),
Lot 6 (3.72 acres), Lot 7 (3.66 acres, Lot 8 (3.61 acres, S1/2
2,510.16 acres, more or less. Commonly and hereafter refered to as "Bear Gulch".
111111111111111111111111 IIIII III II1S MII 11111 IIII 1111 •
580322 05/04/2001 09:50A B1250 P708 M ALSDORF
1 of 2 R 14.50 D 75.00 GARFIELD COUNTY CO
SPECIAL WARRANTY DEED
Grantor(s), Laird K. Smith, C.A. Biggs III, Silmon Biggs, Laird K. Smith,
Jr., Kay Margaret Willer fka Kay Margaret Smith, Clyde MacLain Biggs,
Clinton A. Biggs II aka Clinton A. Biggs, John W. Savage, Jr., Roy E.
Savage, Marshall T. Savage, and Daniel W. Savage whose legal address is
c/o P.O. Box 1926, Rifle, CO 81650-1926, County of Garfield and State of
Colorado, for the consideration of
($750,000.00) Seven Hundred Fifty Thousand and 00/100
DOLLARS, in hand paid, hereby sell(s) and convey(s) to Edward W. Roszyk, whose legal address is 536 N. 4 in the CountySof
Grand Junction, CO 81501, County of Mesa and State of Colorado, the following real property
Garfield and State of Colorado, to wit:
See attached Schedule A Legal Description from File No. 0007042
also known by street and number as: none, unassigned off of CR 204, DeBeque, CO
assessor's schedule or parcel number: Schedules: 290544-290550 and 290129; Parcel No: 216303400002
with all its appurtenances, including appurtenant water rights, if any; and warrant(s) the title against all persons claiming
under (me) (us) except for the following: conveyance of 17.5% mineral interest to JRMD, LLC; Easement Declaration;
Altenbem Easement Agreement recorded 1/29/01 #575470 B.1229 P.222; Bureau of Land Management Right of Way
landGrant/Temporaryfrom
Use Permit recorded April hunting
leasesBook Or the yeart2001e and rights of w 246; lack of aytclaimaccess
by others, if any.the
land from a public right of way; grazing S
Laird K. Smith, C.A. Biggs III, Silmon Biggs, Laird K. Smith, Jr., Kay Margaret Willer fka Kay Margaret Smith,
Clyde MacLain Biggs, Clinton A. Biggs 11 aka Clinton A. Biggs, Roy E. Savage, Marshall T. Savage, and Daniel W.
Savagiip
By:
avage, alto y in fad
'4..
. 41. Savage, Jr.
Date: s/V/
STATE OF COLORADO
County of Garfield
Date: //
The foregoing instrument was acknowledged before me this 3 --day of Mom 2001, by John W. Savage, as
attorney in fact for Laird K. Smith, C.A. Biggs III, Silmon Biggs, Laird K. Smit, Jr., Kay Margaret Willer fka Kay
Margaret Smith, Clyde MacLain Biggs, Clinton A. Biggs II aka Clinton A. Biggs, Roy E. Savage., Marshall T.
(6 Savage, and Daniel W. Savage and John W Savage, Jr., individually.
Witness my hand and official seal.
My commission expires: <b
No. 900. Rev. 3-98. SPECIAL WARRANTY DEED (Short Form)
S lt1 L .3
GC. S'
• C. .
evs
q e co
•
Notary Public
0
1111111 1111111111111111111111111111111111111 1111
5803225/04/2001 09:.50A 81250 P709 M ALS ORF
File Flo. 0 2 of 2 R 14.50 D 75.00 GARFIELD COUNTY CO
2
SCHEDULE A
Legal Description
4. The Land referred to in this Commitment is situated in the County of Garfield, State of Colorado, and
described as follows:
Patented Mining Claims known as West Star Group 1, 2, 3, 4; North Star Group 1, 2, 3, 4, 5, 6;
South Star Group 1, 2, 3, 4; Snow Crest Group 1, 2, 3, 4; and more particularly described in
U.S. Patent Number 1204188, recorded in Book 330 at Pages 597, 598 and 599, and U.S.
Patent Number 1152194 recorded in Book 284 at Page 530, Garfield County, Colorado
records.
The above described tracts are alternatively described as:
Township 5
Section 31:
Section 32:
Section 33:
Township 6
Section 1:
Section 2:
Section 3:
Section 10:
Section 11:
Section 12:
South, Range 99 West, 6th P.M.
SE1/4SW1/4L,
S1 /2NE1SW1 /4
S1/2SE /4 S1/2N1/2SE14-
S1/2S1/2, S1/2N1/2S1/
SW1/4SW1/4, South Latitudinal 10 Chains of Lot 21`'
South, Range 100 West, 6th P.M.
NW1/4SW1/4L'
Lot 5, Lot 6, Lot 7, Lot 8,-N1/2S1/2, SW1/4SW1/4
Lot 5, Lot 6, Lot 7, Lot 8, S1/2
All
All-- '
NW1/4'
TOGETHER with all rights of access contained in Bureau of Land Management Right of Way
Grant/Temporary Use Permit recorded April 16, 1998 in Book 1063 at Page 246.
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APPENDIX "D"
List of Adjacent Property Owners (Keyed to Assessor's Map on Following Page):
961, 962, 951: USDI Bureau of Land Management
2815 H Road
Grand Junction, CO 81506
010: Altenbern and Sons
13098 County Road 204
DeBeque, CO 81630
001: Murrill Thomas and Sue Ann Scott
P.O. Box 971
Silt, CO 81652
U.S. DEPARTMENT OF AGRICULTURE
NATURAL RESOURCES CONSERVATION SERVICE
APPENDIX E
WOODLAND MANAGEMENT AND PRODUCTIVITY
CSFS
(Only the soils suitable for production of commercial trees are listed)
PAGE 1 OF 3
05/2/00
I I Management concerns I Potential productivity I
I I 1 I
Map symbol IOrdi- I 1 Equip- 1 I 1 1 I 1IS ested trees
and soil name InationlErosion I went 1Seedlingl Wind- 1 Plant 1 Common trees 'Site (Volume I ugg
Isymbollhazard 1 Limits-lmortal- I throw 1competi-1 Iindelof wood1 to plant
I I 1 tion 1 ity 1 hazard 1 tion 1 I I fiber 1
I 1 I I I I I I 1 1
I 1 I I I 1 I I Im3/hal
I I I 1 I I I 1 1 1
71: I 1 I I I I 1 1 1 1
Utso I 4R 1ST 'SEVERE lSLIGET ISLIGHT 1MODERATEIRocky Mountain 1 1 I
I 1 I I 1 II Douglas -fir I 65 1 4 1
1 I I I 1 I I I I 1
Rock Outcrop. 1 I I I I I I 1 1 I
I I I I I I I 1 1 1
30: I I I I I I 1 I 1 I
Debeque. I I . I I I I I 1 1 1
1 1 I 1 I I 1 1 1 I
Hesperus. I I I I I 1 I 1 1 1
I 1 I 1 1 I I I 1 I
52: I I 1 I I I I I 1 I
Northwater I 2F IMODERATEIMODERATEIMODERATEISLIGRT IMODERATEIQuaking aspen I 65 1 2
I I 1 I I I i
Adel I IMODERATEIMODERATEIMODERATEISLIGHT IMODERATEISubalpine fir I I I
I I I I I 1 (Engelmann spruceI 1 1
1 1 I 1 I 1 !Quaking aspen 1 1 �
I I 1 I I I I 1I 1 1
28: I I 1 1 1 1 1 1 I I
Cumulic I I 1 I 1' 1 I
Haploborolls. I I 1 I I I 1 I 1 I
1 1 1 1 1 1 I 1 1 I
29: I 1 I 1 1. 1 1 1 1 1
Debeque. 1 1 I I I I 1 I 1 I
I 1 I 1 1 1 1 I I 1
U.S. DEPARTMENT OF AGRICULTURE
NATURAL RESOURCES CONSERVATION SERVICE
WOODLAND MANAGEMENT AND PRODUCTIVITY
Endnote -- WOODLAND MANAGEMENT AND PRODUCTIVITY
PAGE 2 OF 3
05/2/00
This report can be used by woodland owners or forest managers in planning the use of soils for wood crops. Only those
soils suitable for wood crops are listed. The report lists the ordination symbol for each soil. Soils assigned the
aqui
same ordination symbol require the same general management and have about the same potential productivity.
The first part of the ORDINATION SYMBOL, a number, indicates the potential productivity of the soils for an indicator
tree species. The first species listed under common trees for a soil is the indicator species for that soil. It is
the dominant species on the soil and the one that determines the ordination class. The number indicates the volume,
in cubic meters per hectare per year, which the indicator species can
produce. The second part of the symbol, a letter, indicates the major kind of soil limitation. The letter 'Ma" indicates
steep slopes; 'T•, stoniness or rockiness; 'W', excess water in or on the soil; •T', toxic substances in the soil; 'D',
restricted rooting depth; 'Co, clay in the upper part of the soil; 'S', sandy teture; 'F', a high content of rock
fragments in the soil; and 'N•, snowpack. .The letter 'An' indicates that limitations or restrictions are
insignificant. If a soil has more than one limitation, the priority is as follows: R, X, W, T, D, C, S, F, and N.
In this report, 'Slight', •Moderate•, and 'Severe' indicate the degree of the major soil limitations to be considered in
management.
EROSION HAZARD is the probability that damage will occur as a result of site preparation and cutting where the soil is
exposed along roads, skid trails, fire lanes, and log -handling areas. Woodlands that have been burned or
overgrazed are also subject to erosion. Ratings of the erosion hazard are based on the percent of the slope. A
rating of 'Slight' indicates that no particular prevention measures are needed under ordinary conditions. A rating of
"Moderate' indicates that erosion -control measures are needed in certain silvicultural activities. A rating of
'Severe' indicates that special precautions are needed to control erosion in most silvicultural activities.
EQUIPMENT LIMITATION reflects the characteristics and conditions of the soil that restrict use of the equipment
generally needed in woodland management or harvesting. The chief characteristics and conditions considered in the
ratings are slope, stones on the surface, rock outcrops, soil wetness, and texture of the surface layer. A rating of
' Slight' indicates that under normal conditions the kind of equipment or season of use is not significantly restricted
.by soil factors. Soil wetness can restrict equipment use, but the wet period does not exceed 1 month. A rating. of
' Moderate' indicates that equipment use is moderately restricted because of one or more soil factors. If the soil
is wet, the wetness restricts equipment use for a period of 1 to 3 months. A rating of 'Severe' indicates that
equipment use is severely restricted either as to the kind of equipment that can be used or the season of use. If the
soil is wet, the wetness restricts equipment use for more than 3 months.
SEEDLING MORTALITY refers to the death of naturally occurring or planted tree seedlings, as influenced by the
kinds of soil, soil wetness, or topographic conditions. The factors used in rating the soils for seedling mortality are
texture of the surface layer, depth to a seasonal high water table and the length of the period when the water table is
high, rock fragments in the surface layer, effective rooting depth, and slope aspect. A rating of 'Slight' indicates
that seedling mortality is not likely to be a problem under normal conditions. Expected mortality is less than 25
percent. A rating of "Moderate" indicates that some problems from seedling mortality can be expected. Extra
precautions are advisable. Expected mortality is 25. to 50 percent. A rating of 'Severe" indicates that seedling
mortality is a serious problem. Extra precautions are important. Replanting may be necessary. Expected mortality
is more than 50 percent.
WINDTHROW HAZARD is the likelihood that trees will be uprooted by the wind because the soil is not deep enough for
adequate root anchorage. The main restrictions that affect rooting are a seasonal high water table and the depth to
bedrock, a fragipan, or other limiting layers. A rating of 'Slight' indicates that under normal conditions no trees are
U.S. DEPARTMENT OF AGRICULTURE
NATURAL RESOURCES CONSERVATION SERVICE
WOODLAND MANAGEMENT AND PRODUCTIVITY
PAGE 3 OF 3
05/3/00'
Endnote -_ WOODLAND MANAGEMENT AND PRODUCTIVITY --Continued
blown down by the wind. Strong winds may damage trees, but they do not uproot them. A rating of 'Moderate' indicates
that some trees can be blown down during periods when the soil is wet and winds are moderate or strong. A rating of
"Severe' indicates that many trees can be blown down during these periods.
PLANT COMPETITION ratings indicate the degree to which undesirable species are expected to invade and grow when
openings are made in the tree -canopy. The main factors that affect plant competition are the depth to the water table
and the available water capacity. A rating of 'Slight' indicates that competition from undesirable planta is not
likely to prevent natural regeneration or suppress the more desirable species. Planted seedlings can become established
without undue competition. A rating of •Moderate• indicates that competition may delay the establishment of desirable
species. Competition may hamper stand development, but it will not prevent the eventual development of fully stocked
stands A rating of 'Severe' indicates that competition can be expected to prevent regeneration unless precautionary
measures are applied.
The potential productivity of merchantable or COMMON TREES on a soil is expressed as a site index and as a volume
number.
The SITE INDEX is the average height, in feet, that dominant and codominant trees of a given species attain in a
specified number of years. The site index applies to fully stocked, even -aged, unmanaged stands. Commonly grown trees
ars those that woodland managers generally favor in intermediate or improvement cuttings.- They are selected on
the basis of growth rate, quality, value, and marketability.
The VOLUME OF WOOD FIBER, a number, is the yield likely to be produced by the most important trees. This number is
expressed as cubic meters per hectare per year, indicates the amount of wood fiber produced in a fully stocked, even -
aged stand. Cubic meters per hectare converts to cubic feet per acre per year as follows: (1 m3/ha = 14.3 ft3/ac). The
14.3 number is rounded up from 14.2999.
The TREES COMMONLY MANAGED FOR to plant are those that are suitable for commercial wood production.
• •
NONTECHNICAL SOILS DESCRIPTION REPORT
CSFS
Map 1 Soil name and description
Symbol 1
Utao-Rock Outcrop complex, 40 to 90 percent slopes
This map unit is on side slopes. This unit is 60
percent Utao channery loam, and 25 percent Rock outcrop.
The Utao soil is deep and well -drained. It formed in
colluvium derived dominantly from Green River shale.
The upper part of the surface layer is channery loam
about 4 inches thick. The lower part is very channery
loam about 7 inches thick. The underlying material to
a depth of 60 inches is very channery loam.
Permeability is moderately rapid. Available water
capacity is low. Effective rooting depth is 60 inches
or more. Runoff is rapid, and the hazard of water
erosion is very high.
1 Rock outcrop occurs on very steep slopes, canyon
1 slopes, cliffs, and steep mesa edges.
30 1 Debeque-Hesperus complex, 5 to 25 percent slopes
This map unit is on benches, toe slopes, and small
fans. This unit is 40 percent Debeque very channery
loam and 35 percent Hesperus loam.
The Debeque soil is deep and well -drained. It formed
in colluvium and alluvium derived dominantly from the
Green River shale. The surface layer is very channery
loam about 7 inches thick. The underlying material to
a depth of 60 inches is very channery sandy loam.
Permeability is moderately rapid. Available water
capacity is very low. Effective rooting depth is 60
inches or more. Runoff is rapid, and the hazard of
water erosion is high.
PROGRAM RMCRUZ4
STAND: BEAR GULCH
PER ACRE STAND SUMMARY
SPRUCE, FIR, D. FIR
HEIGHT CLASS
20 30 40 50 60
O 22 8 0 0
O 47 20 0 0
O -24 3 0 0
APPENDIX F
05:19:52 06-11-1996
DBH
STEMS 6
CUVOL 6
SCRIB 6
STEMS 8
CUVOL 8
SCRIB 8
STEMS 10
CUVOL 10
SCRIB 10
STEMS 12
CUVOL 12
SCRIB 12
STEMS 14
CUVOL 14
SCRIB 14
STEMS 16
CUVOL 16
SCRIB 16
STEMS 18
CUVOL 18
SCRIB 18
STEMS 20
CUVOL 20
SCRIB 20
STEMS 28
CUVOL 28
SCRIB 28
TOTAL
STEMS 0
CUVOL 0
SCRIB 0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
5
23
59
6
53
189
3
26
96
10
63
190
18
206
772
6
37
103
12
159
616
5 19
71 332
283 1356
70 80 90 100 110 120 TOTAL
O 0 0 0 0 0 30
O 0 0 0 0 0 67
O 0 0 0 0 0 -21
0
0
0
0
0
0
2
52
222
O 0 0 0 6 6
O 0 0 0 173 195
O 0 0 0 750 863
O 0 0 0 4 1
0..- 0.. 0... 0 130 .46.
O 0 0 0 589 211
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
2
96
450
O 0 0 0 0 1
O 0 0 0 0 46
O 0 0 0 0 220
0
0
0
0
0
0
2
53
226
2
53
233
0
0
0
0
0
0
0
0
0
0
0
0
O 0
O 0
O 0
0
0
0
0
0
0
1 0
58 0
290 0
O 0 0 0 0 0 0 0
O 0 0 0 0 0 50 0
O 0 0 0 0 0 287 0
O 22 21 32 47 12 5
O 47 123 339 830 435 214
O -24 346 1245 3414 1965 1036
STAND: BEAR GULCH
PER ACRE SUMMARY : STEMS BA DBH HT AGE
139 85 10.6 58102
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
20
123
352
36
418
1578
30
533
2183
14
421
1846
5
176
800
2
96
450
2
104
510
O 0 0 0
O 0 0 50
O 0 0 287
O 0 0 0 139
O 0 0 0 1988
O 0 0 0 7984
CRUISE SUMMARY: BAF USED = 20 POINTS SAMPLED = 12 AVG. # TREES/PT. = 4.3
NOTE: THIS CRUISE DOES NOT MEET TIMBER SALE ACCURACY STANDARDS
APPENDIX G
SAMPLE
FOREST PRODUCTS SALES AGREEMENT
THIS AGREEMENT, made this day of , 19_, by and between
who resides at
hereinafter referred to as the LANDOWNER, and
phone
PURCHASER
whose place of business is
, hereinafter referred to as the
AGENT DESIGNATION:
The Colorado State Forest Service, Grand Junction District, is designated as Sale Administrator for the
purposes of overseeing on-site logging operations, payments, and compliance with other contract
specifications, and has power-of-attorney for these purposes.
RIGHT TO SELL:
The LANDOWNER warrants that he/she is the owner of, and has the authority to sell the forest products
covered by this agreement from the property located at:
, section , township
principal meridian, County, Colorado.
range
SALE LOCATION:
The boundaries of the sale area are marked as follows: Cutting units are marked with double blue
horizontal paint marks facing into cutting units, as set forth in Exhibit , which is attached hereto and
incorporated herein, the same as if set forth in full.
SALE PERIOD:
The effective dates of this agreement will be from to
inclusive, and may be extended by mutual agreement of both parties per AGREEMENT MODIFICATION
section.
ACCESS:
The LANDOWNER grants to the PURCHASER access to the above described property for the purposes
of this agreement. Access will be via
DESCRIPTION OF PRODUCT SOLD:
PRODUCT NUMBER SOLD UNIT UNIT PRICE PRODUCT VALUE
1
• •
TOTAL SALE VALUE
PRODUCT DESIGNATION:
The products sold are designated in the following manner :
Any cutting outside the designated areas will constitute a breach of this agreement and will immediately
terminate this contract.
VOLUME DETERMINATION:
The sale volume is to be or has been determined in the following manner:
This is a lump sum sale.
There is no stated or implied guarantee of recovery by the PURCHASER. Volume determination was
done by the Colorado State Forest Service using accepted timber cruising techniques and tables for this
region. The cruise was done to a +/- 10% limit of error using standard statistical sampling techniques.
PAYMENT TERMS:
Prior to harvesting or removing any forest product from a cutting unit the PURCHASER shall pay for, in
advance, for the estimated volume in that unit at the agreed upon rate ($ ). Acceptable methods of
payment are cash, or certified funds.
All slash treatments and other provisions of this agreement will be fulfilled prior to the PURCHASER
receiving approval from the Sale Administrator to pay for and move into another cutting unit. In all cases
the PURCHASER shall pay for the estimated volume in each cutting unit prior to beginning cutting in that
unit.
The LANDOWNER guarantees the PURCHASER exclusive rights to the timber within designated cutting
units on the property described in Exhibit A, as long as the provisions of this agreement are being
followed.
PERFORMANCE BONDS:
A performance bond in the amount of ($ 10% of total sale value) shall be deposited by the PURCHASER
upon signing of this agreement. The bond shall be in the form of cash or certified funds. The bond shall
be used, in part or in full, to correct deficiency in any work not completed to agreement specifications.
The bond or its balance will be released to PURCHASER promptly upon satisfactory completion or
termination of this agreement.
DAMAGE PENALTY:
The PURCHASER shall conduct all operations in a workman -like manner, and shall take necessary
precautions to protect the remaining forest stand. Excessive damage to the remaining forest, as deterrnined
2
• •
by the Sale Administrator, or the removal of undesignated products will be paid for at the rate of $10.00
per tree.
•
PRODUCT OWNERSHIP:
Change of ownership of the purchased products covered by this agreement occurs when logs leave the
LANDOWNER'S property.
PERFORMANCE STANDARDS:
Existing roads will be used whenever possible. Additional roads, skid trails, landings and decks that are
required will be approved in advance, and located, constructed, and rehabilitated as required by the sale
administrator. All roads and trails will be maintained by the PURCHASER in their original condition.
Care will be taken to maintain drainage necessary to prevent erosion prior to and during hauling of
products. All permanent improvements installed as a part of this agreement will remain the property of
the LANDOWNER
Stumps will be cut as close to the ground as possible but in no circumstances will the stump height exceed
twelve inches as measured on the uphill side.
Slash shall be lopped and scattered to a height not to exceed 18 inches.
All forest products that are at least 10 feet long and 6 inches in diameter inside the bark on the small end,
and fifty percent sound shall be removed from the property by the PURCHASER.
The PURCHASER will take all necessary precautions to prevent damage to improvements on the property
of the LANDOWNER. If damage occurs to any improvement the PURCHASER will restore the
improvement to its original condition and will bear all costs associated with the repair.
The PURCHASER will exercise all possible precautions to prevent wildfire, and shall assist in the
suppression of any fire that is on or threatening the property of the LANDOWNER. During the fire season
the PURCHASER will have the following firefighting tools located on the sale site: one shovel for each
worker on the site, and one fire extinguisher for each chainsaw and motorized equipment on the site.
All motorized equipment will be equipped with an operational spark arrester. The PURCHASER shall
bear the cost of suppression and damages caused by fire starting as a result of any action of the
PURCHASER, including those of its employees, agents, contractors, and subcontractors.
The LANDOWNER may suspend or limit the harvest operation of the PURCHASER if excess damage is
occurring due to mud, snow, etc.
The PURCHASER will provide trash containers on each landing of the sale area. Trash will be kept
picked up at all times and hauled from the site on a weekly basis.
Operations begun on any cutting unit shall be completed in accordance with this agreement before cutting
may begin on another unit, unless such cutting is authorized in writing by the Sale Administrator.
3
• •
No oil, gas, or similar material shall be drained onto the ground. No oil, gas, or similar material shall be
drained within 100 feet of a live stream. No concentrations of logging equipment of any kind shall be
permitted within 100 feet of live streams. Skidng Gates entering the property shall bss live streams or drainages e keptl be closed losed and
one only
upon written permission of the Sale Administrator.
locked at all times. No firearms shall be permitted on the property.
INHERENT DANGERS:
The LANDOWNER is informing the PURCHASER that the following physical hazards are located on the
property and may not be obvious:
SUBCONTRACTING:
This agreement, or any interest therein, may not be assigned by the PURCHASER without prior, written
consent of the LANDOWNER
LAW COMPLIANCE:
The PURCHASER agrees to comply with all of the laws, rules, and regulations of the State of Colorado
and its subdivisions.
AGREEMENT TERMINATION:
This agreement may be terminated by mutual agreement of both parties or upon receipt of written notice
from the LANDOWNER to the PURCHASER for noncompliance by the PURCHASER. Specific
noncompliance items shall be listed in said written notice. All prepayments and products will revert to the
LANDOWNER
AGREEMENT MODIFICATION:
This agreement may be modified in writing by mutual consent of both parties.
ARBITRATION CLAUSE:
In case of a dispute over the terms of this agreement both the LANDOWNER and the PURCHASER agree
to accept the decision of a three- person arbitration board as final. The LANDOWNER and the
PURCHASER will each select one person for the arbitration board, with the selected people selecting the
third person to form the board. Decision by majority of such arbitrators will be made within fifteen days
and shall be binding on the LANDOWNER and the PURCHASER
HOLD HARMLESS:
The PURCHASER shall indemnify and save harmless the LANDOWNER against all suits or actions of
every kind and nature brought against the LANDOWNER for or on account of any injuries or damages
received or sustained by any person, firm, or corporation in connection with, or on account of, the
performance of the work under this agreement, or by any consequence of any negligence in connection
4
• •
with the same, or on account of any act or omission or commission of the PURCHASER 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 agreement.
The LANDOWNER shall indemnify and save harmless the PURCHASER against all suits or actions of
every kind and nature brought against the PURCHASER for or on account of any injury or damage
received or sustained by any person, firm, or corporation in connection with, or on account of, the
performance of the LANDOWNER'S obligations under this agreement, or by any consequence of any
negligence in connection with the same, or on account of any act or omission or commission of the
LANDOWNER 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 agreement.
BINDING ON HEIRS:
The terms and conditions of this agreement shall be binding upon the heirs, executors, administrators, or
successors and assignee of either party.
LANDOWNER DATE
PURCHASER DATE
5
• APPENDIX H
SERVICE AGREEMENT
THIS AGREEMENT, made this 25th day of May 2001, by and between Edward W. Roszyk, 536 N. 4'". St.,
Grand Junction, CO 81501 (970) 256-1304, hereinafter referred to as the LANDOWNER, and the State Board of
Agriculture in behalf of the Colorado State Forest Service, Grand Junction District, hereinafter referred to as the
CONTRACTOR; and
WHEREAS, the CONTRACTOR has the expertise to provide forest practice services; and
WHEREAS, the LANDOWNER desires to implement forest practices described in this Agreement.
NOW, THEREFORE, it is hereby agreed that:
1. LANDOWNER warrants that he/she is the owner of the property described as follows, or has obtained authority
from the owner of said property to grant all rights to the CONTRACTOR provided for in this Agreement. The property
is described as follows:
T. 5 S.. R. 99 W., 6t. P.M.
Sec. 31: SE 14SW1/4, S1/2NE1/4SW1/4, S1/2SE1/4, S1/2N1/2SE1/4
Sec. 32: S1/2S 1/2, S1/2N1/2S1/2
Sec. 33: SW 1/4SW 114, South Latitudinal 10 chains of lot 21
T. 6 S.. R. 100 W.. th. P.M.
Sec. 1: NW 1/4SW 1/4
Sec. 2: Lot 5 (3.89 acres), Lot 6 (3.86 acres), Lot(3.84 3.84 acres,) Lot 8 ((3.8161 acres,), 1/2S 1/2, SW 1/4SW 1/4
Sec. 3: Lot 5 (3.77 acres), Lot 6 (3.72 acres), 7
1/2
Sec. 10: All
Sec. 11: All
Sec. 12: NW 1/4
2,510.16 acres, more or less. Commonly and hereafter refered to as "Bear Gulch".
2. LANDOWNER grants to CONTRACTOR the right of access to the above described property for the
following purposes:
To prepare and administer a timber sale by marking and traversing boundaries, marking individual
trees to harvest, cruising volume to +/- 20% accuracy, assisting with sale and contract preparation,
administering the sale contract specifications, and to prepare a detailed Timber Harvest Plan which
meets the requirements of the Garfield County Planning Department.
3. CONTRACTOR agrees to provide the services specified in Paragraph 2 of this Agreement in
consideration for:
Preparation of Timber Harvest Plan:
Sale preparation: Saper acre within sale area
Sale Administration:$allper hour for time spent on site.
Payment for Preparation of the Timber Harvest Plan will be due upon completion of the plan. Payment
for sale preparation will be due following completion of marking and cruising. Payment for sale
administration will be due upon completion of the timber sale.
4. It is understood between the LANDOWNER and the CONTRACTOR that this Agreement shall begin on the
date first above written, and shall remain in force until: December 31, 2002.
5. It is understood between the LANDOWNER and the CONTRACTOR that the LANDOWNER has sole
responsibility for ensuring that all sale areas are on the LANDOWNER'S property.
6. This Agreement may be terminated by either party ten (10) days following written notice to the other party.
7. CONTRACTOR may assign the rights provided for in this Agreement to a subcontractor of its choice without
obtaining the approval of the LANDOWNER.
8. The CONTRACTOR shall maintain during the life of this Agreement such liability insurance as is required by
Colorado law.
o perform the work due to
9. This Aes beyond scontrol
be extended due to inability of the ntrol or as mutuallyagreed to by the LANDOWNERCONTRACTOR
tand CONTRACTOR All extensions
circumstances beyond its co
will be written and become a part of this Agreement.
10. Financial obligations of CSFS payable after the current fiscal year are contingent upon funds for that purpose
being appropriated, budgeted and otherwise made available.
11. The CONTRACTOR agrees as part of this Agreement that it will comply with all applicable laws regarding
discrimination on the basis of race, creed, color, sex, or handicap including but not limited to Executive Order 11246 as
amended or as may be further amended hereafter.
12. The laws of the state of Colorado and rules and regulations issued pursuant thereto shall be applied in the
interpretation, execution and enforcement of this Agreement.
13. The signatories hereto aver that they are familiar with 18-8-301, et. seq., (Bribery and Corrupt Influences) and
18-8-401, et. seq., (Abuse of Public Office), C.R.S. 1973, as amended, and that no violation of such provision is
present.
14. The signatories aver that to their knowledge no CSFS employee has any personal or beneficial interest
whatsoever in the services or property described herein.
IN WITNESS EREOF the arties hereto have executed this Agreement on the day first above written.
LANDOWNER Ed Ros k
Colorado State Forest Service g:
2
• •
Mesa County Department of Public Works
Engineering Division
750 Main Street • P.O. Box 20,000 • Grand Junction, Colorado 81502-5013 • Ph. (970) 244-1815
June 8, 2001
Mr. Kelly Rogers
Colorado State Forest Service
222 South 6th Street
Grand Junction, CO 81501
Subject: 45 Road
Dear Kelly:
Mesa County has no objection to the use of 45 Road, in the vicinity of the Town of DeBeque, as a haul
route for trucks transporting Togs harvested in Garfield County. Our only requirement being that all loads
comply with legal load limits for weight and size.
Please call if I can be of further assistance.
Sincerely,
Louie Dorlac
Project Manager
• (z.40
Industrial Impact Statement
For the
Ed Roszyk Property
Covering portions of sections: 10, 11, and 12,
Township 6 south, Range 100 west of the 6th. P.M.
Garfield County, Colorado
(1)This impact statement has been submitted to the Garfield County Building and Planning
Department as a supplement to the Timber Harvest Plan for the Roszyk property. Please
reference the Timber Harvest Plan for a detailed explanation of the location, scope, design,
proposed timber harvest schedule, and operational characteristics of this project. Additional
information as required by section 5.03.07 is addressed as follows:
(A) Existing lawful use of water through depletion or pollution of surface run-off, stream
flow or ground water:
No water will be used in the harvesting of timber on the property. As stated in section VI. A. of
the Timber Harvest Plan, selective timber harvesting will likely improve the watershed value of
the area treated, with slightly increased yields immediately following harvest. This increase is
due to the decreased density of the timber and less interception of snow in the tree canopy. The
increased water collection will provide benefits for ten to twenty years as the forest rapidly
regrows (Alexander, 1986).
Increased sediment production from timber harvest can usually be attributed to poor road or skid
trail design rather than the actual removal of timber. Proper road design and drainage, along with
rehabilitation of disturbed areas, will ensure minimal water degradation from this project. Carr
Creek and the Left Fork of Carr Creek will be crossed at only one point (at existing crossings)
and the stream channels will remain relatively undisturbed. In addition, a streamside
management zone (SMZ) of at least 50 feet will be maintained along all perennial streams, where
no removal of timber will be allowed.
There is no obvious history of slumping, mass movement, or known indicators of unstable soils
in the proposed sale area. Available soils information for the area indicates that mass movement
potential is low.
Logging and road construction have been carefully planned to avoid steep slopes, wet areas, or
suspected unstable soils. Mitigation measures will include prompt revegetation of disturbed
areas, road drainage systems with proper culvert placement, and stabilization of cut/fill slopes.
(B) Impacts on adjacent land from the generation of vapor, dust, smoke, noise, glare or
vibration, or other emanations:
• •
• •
Land in close proximity (within a mile) to this property is mostly undeveloped. The proposed on-
site logging activity is not expected to impact neighbors significantly. There will be a short- term
increase in traffic along the proposed haul route, with a resultant increase in noise and some dust
along County roads 204 and 207. Traffic will consist of one or two log truck loads per day, plus
two or three pickups. Creation of road dust along the proposed haul route may impact some
residents. Mitigation will include water or dust control chemicals if necessary. If dust impacts
become a problem further mitigation by limiting the number of loads per day and/or the speed of
haul trucks may be necessary. Logging and hauling operations will only occur during daylight
hours.
(C) Impacts on wildlife and domestic animals through the creation of hazardous
attractions, alteration of existing vegetation, blockade of migration routes, use patterns or
other disruptions:
One of the objectives in managing the property's timber resource is to maintain or improve the
wildlife habitat. As mentioned previously, the proposed timber sale should not affect the overall
value of these stands as big game cover. Elk, deer, and turkey may be temporarily displaced from
the area during logging and hauling operations. No logging or hauling will occur during the big
game archery or rifle seasons.
Immediately following the timber harvest, understory vegetation will likely increase due to more
light reaching the forest floor. Most of this increase is in grasses and forbs that are palatable to
cattle and other grazers. This increase is relatively short-lived; within 15 years, the area will
usually be producing about the same amount of forage as before harvest.
Nesting sites for forest raptor species such as goshawk or flammulated owls will be identified
within the harvest area prior to the timber harvest, and the sites will be protected from logging
damage. In addition, standing dead trees or trees with dead tops will be retained at a average
density of 6 trees per acre.
(D) Affirmatively show the impacts of truck and automobile traffic to and from such uses
and their impacts to areas in the County:
See (B) above.
(E) That sufficient distances shall separate such use from abutting property which might
otherwise be damaged by operations of the proposed use:
The area proposed for logging is located approximately '/2 mile from the nearest abutting private
property. No permanent residences are within a mile of the project area. On-site logging
operations will produce only distant noise from chainsaws, trucks, and heavy equipment.
(F) Mitigation measures proposed for all of the foregoing impacts identified and for the
standards identified in Section 5.03.08 of this Resolution.
• •
Mitigation measures have been listed in the above sections. Industrial Performance Standards as
listed in section 5.03.08 will be adhered to as closely as possible.
(2) Additional mitigation provisions are listed as follows:
(A) A plan for site rehabilitation must be approved by the County Commissioners before a
permit for conditional or special use will be issued;
Site rehabilitation following logging will be largely unnecessary. This project is a partial removal
of overstory Douglas -fir timber. Existing stand conditions show a variety of age classes
represented, including adequate intermediate, seedling and sapling -stage trees that will
eventually fill into the overstory. Natural regeneration of seedlings will also occur in small
created openings. Landing areas will have slash piled for later burning when conditions allow.
Landings, temporary roads, and skid trails will subsequently be seeded with a native grass seed
mix.
June 26, 2001
Kit Lyon
Garfield County Building and Planning Department
109 8th. Street, Suite 303
Glenwood Springs, CO 81601
Re: Roszyk S.U.P.
FOREST
SERVICE
Grand Junction District
222 S. 6th. St., Rm.#416
Grand Junction, CO 81501
(970) 248-7325
RECEIVED JUN 2 7 2001
Kit,
Enclosed are three copies of an Application for Conditional Use Permit for Ed Roszyk, along
with the application fee of $250.00. Mr. Roszyk has signed an agreement with the Colorado State
Forest Service to act as his agent (included in the Appendix) in obtaining this permit.
To access the property as planned, Mr. Roszyk will have to cross private land owned by Tom
Scott, and a short stretch of BLM land. Mr. Roszyk has filed an application for a permit to cross
the BLM land through the Grand Junction field office. He is also in the process of obtaining
written permission to cross Tom Scott's property. Mr. Scott has verbally agreed to provide
access.
Let me know if you need any additional information to process this application.
Sincerely,
Kelly Rogers
Assistant District Forester
•
RECEIVED MO 6.2001
August 2, 2000
Kit Lyon
Garfield County Building and Planning Department
109 8t. Street, Suite 303
Glenwood Springs, CO 81601
RE: Roszyk Timber Harvest.
FOREST
SERVICE
Grand Junction District
222 S. 6m. St., Rm.#416
Grand Junction, CO 81501
(970) 248-7325
Kit,
In response to your request dated July 17, 2001 for more detailed information on the above-mentioned special use
permit application, I have addressed your concerns as follows:
1) We are planning on crossing both BLM property and Tom Scott's place, as indicated on the map in
Appendix C of the Application. Attached are copies of letters from both the BLM and Tom Scott granting
access.
2) In regard to stream crossings, please refer to the map in Appendix C of the plan:
There is an existing road that fords the Main Fork of Carr Creek (perennial) just after leaving County Road
207, which currently accesses a gas well site on BLM land. We anticipate using this ford. The Left Forof
Carr Creek (intermittent) is also crossed by an existing 2 -track ford, which the BLM has already approved
for our use. Two additional intermittent drainages will be crossed on Roszyk's land to access the sale area,
the first with a ford and the second with an 18" culvert.
3) All loads will be within legal weight and height limits.
4) At this point, we anticipate using only conventional, rubber tired skidders on slopes less than 40%.
Conventional skidders will be used only within the cross -hatched area shown on the map in Appendic C.
Helicopter logging could be done on the steeper slopes above this area, although it is currently not
economically feasible. However, we would like to leave the option open for helicopter logging if economic
conditions change. Helicopter logging would not alter the haul route, only the anticipated number of loads
hauled. It is likely that helicopter logging would add up to 100 loads to this sale.
5) I'm not familiar with the sections and requirements you listed, and this is the first time I've heard of an
"industrial impact statement". This is virtually the exact same logging situation as the application filed
earlier this year for the Altenbern property just up the road. Why are the application requirements different
for Ed Roszyk's property? Mr. Roszyk has recently mailed in an additional check for $150 to your office
to cover the fees mentioned.
I hope this covers the information that you need to process this application. Please contact me for further
information.
Sincerely,
Kelly Rogers
Assistant District Forester
IN LYREFER TC
800
0060337
• •
United States Department of the Interior
BUREAU OF ZANY) MANAGEMENT
Grand Junction Field Office
21115 H Rnarl
Grand Junction, Coloradn 81506
JUN 01 2001
TIRED MARL NO. CERTIFIED MAIL NO.
7000 0520 0023 6848 3073
000 0320 0023 6848 3066
signee: Assignor:
hn W. Savage Edward W. Roszyk
.0. Bux 1926 536 N. 4'" Street
Ile, CO 81650 Grand Junction, CO 81501
DECISION
Assignment Approved
May 17, 2001, the Bureau of Land Management's GrandJunction Field Office received an
Rignment request from John W. Savage for right-of-way COC60337, an access road across
blic lands. The assignee, Edward W. Roszyk has submitted an application and assignment fee
r the right-of-way. Rental is current and all documents are in order, therefore, the assignment
COC60337 is hereby approved.
you have any questions concerning this assignment, please contact Sandra Warren at
9 ► 0-244-3077.
TO
kCatherine Robertson
Grand Junction Field Manager
4.ACTor712lc or!ca TO07IGT/)6)
0...._.
RECEIVED AUG 2 3 2001
S�
Grand Junction District
222 S. 6m. St., Rm.#416
Grand Junction, CO 81501
(970) 248-7325
August 20, 2001
Kit Lyon
Garfield County Building and Planning Department
109 8th. Street, Suite 303
Glenwood Springs, CO 81601
RE: Roszyk Timber Harvest.
Kit,
In response to your request dated August 17, 2001 for more detailed information on the above-
mentioned special use permit application, I have addressed your concerns as follows:
1) As outlined in section III. B. of the previously submitted Timber Harvest Plan, the
proposed haul route will be across BLM and private land to Garfield County Roads 207
and 204. We have previously submitted access agreements from the BLM and private
landowners involved, enabling us to legally access County Road 207.
2) In regard to stream crossings, the attached map identifies all existing and proposed stream
crossings involved in this project. As previously stated, there is an existing road that fords
the Main Fork of Carr Creek (perennial) just after leaving County Road 207, which
currently accesses a gas well site on BLM land. We anticipate using this ford. The Left
Fork of Carr Creek (intermittent) is also crossed by an existing 2 -track ford, which the
BLM has already approved for our use. Two additional intermittent drainages will be
crossed on Roszyk's land to access the sale area, the first with a ford and the second with
an 18" culvert.
3) Please refer to the attached Industrial Impact Statement (10 copies), which I believe
addresses Section 5.03.07 and 5.03.08.
I hope this covers the information that you need to process this application. Please contact me for
further information.
Sincerely,
Kelly Rogers
Assistant District Forester
GARFIELD COUNTY
Building and Planning Department
October 9, 2001
Mr. Kelly Rogers, Assistant District Forester
Colorado State Forest Service
222 S. 6th Street, Room 416
Grand Junction, CO 81501
Re: Roszyk Timber Harvest S.U.P./C.U.P
Dear Kelly:
Thank you for the additional information submitted to this office. The Roszyk application has
been deemed technically compliant and has been scheduled for a public hearing before the
Board of County Commissioners. Although the application will proceed through the review
process, I must reiterate to you an issue that has arisen regarding access to the property.
As I pointed out previously, review of the County zoning map indicates that the property is
actually served by County Road 232 ("Left Fork Carr Creek Road"), which may be a public road
even if it is not maintained, or doesn't receive State monies for maintenance, or even if it had
locked gates placed on it some time ago. Although it is the applicant's responsibility to verify
the status of the road, to date the application submittal maintains that it is a private road and that
the Scotts have granted and easement for the logging operation. No verification that it is a
County Road has been submitted by the applicant. As a result, staff has undertaken verification
by discussing the status of County Road 232 with the Garfield County Road and Bridge
Department, and with the Garfield County Attorney. The County's information (according to
maps, the Road and Bridge Department, and the County Attorney) deems that County Road 232
is a public road. Substantial public lands exist in the area of the road in question and to deem it
other than public may have a negative impact on Garfield County. Please be aware that this
issue will be raised by Staff in review of the application and decided by the Board of County
Commissioners at the public hearing on 12/10/01, or thereafter.
Please do not hesitate to contact me in the event you have any questions.
Sincerely,
Kit Lyon
Senior Planner
Tel: 945-8212/Fax: 945-7785 109 8th Street, Suite 303 Glenwood Springs, CO 81601
•
GARFIELD COUNTY
Building and Planning Department
February 6, 2002
536 N. 4th Street
Grand Junction, CO 81501
Re: Roszyk Timber Harvest S.U.P./C.U.P
Dear Ed:
As you are aware, yesterday the Board of County Commissioners moved to approve your request
for a conditional use permit and a special use permit for a timber harvest on approximately 40
acres of your 2,510 acre property (located in S 10-12, T6S, R100W). The conditions placed on
the approval are as follows:
1. That all representations made by the applicant in the application, timber harvest plan, or
at the public hearing shall be conditions of approval, unless specified otherwise by the
Board of County Commissioners. Said representations include, but are not limited to:
a) Dust will be controlled with water or dust control chemicals so that it does not
become a nuisance. If these are not sufficient means of dust control, the number of
truck trips per day, and the speed of the trucks, shall be reduced as necessary.
b) The appearance of a mature, high forest will be maintained.
c) If slopes of 50+% are harvested, they shall be done so with helicopters.
d) A maximum of 2,500 tons will be harvested using selective cutting methods.
e) Intermittent drainages shall be crossed at right angles, with 18" steel or ADS culverts
placed on a 2-4% grade, covered with at least 1' of dirt, and provided with a rock
apron for spillage.
f) Landing slash will be burned during favorable conditions, with the proper permits.
Burn areas and skid trails will be disked and re -seeded. Culverts will be placed to
prevent erosion along abandoned roads. Cut/fill slopes will be stabilized. Noxious
weeds will be monitored and treated.
g) Subsequent sales will obtain the appropriate new or expanded permits.
h) All operations will cease during spring run-off (typically March -May) and during big
game hunting season (Septmber to early November). Nesting sites for raptors will be
identified prior to harvest, and will be protected from damage. In addition, an
average of 6 dead trees per acre will be left standing.
i) Chainsaws shall be equipped with spark arrestors and all motorized equipment shall
carry at least one shovel and one fire extinguisher;
Tel: 945-8212/Fax: 945-7785 109 8th Street, Suite 303 Glenwood Springs, CO 81601
• •
2. That roads shall be maintained adequately. The applicant shall work with the Garfield
County Road & Bridge Department to create a road maintenance agreement. Said
agreement must be approved by the Board of County Commissioners prior to issuance of
any conditional or special use permit;
3. That a weed control program shall be created and submitted to the Garfield County
Vegetation Manager for approval prior to issuance of any permits. The approved
program shall be implemented on both County (specifically CR 204 and CR 207) and
private roads;
4. That all timber hauling on County Roads shall occur Monday through Friday, between the
hours of 6 a.m. to 6 p.m., shall not exceed 10 loads per day, and shall be within legal weight
limits. That any helicopter hauling will only occur between the hours of 7 a. m. to 5 p. m.,
Monday through Friday.
5. That the forest management practices will be monitored for compliance with the Douglas
Fir timber harvesting plans by a consultant agreed upon by the Board of County
Commissioners and the applicant, and paid for by the applicant.
6. That a bond of $100,000.00 will be placed with Garfield County to be used for the repair
of CR 204 and CR 207 due to damage attributable to the applicant's activities, for
mitigation of impacts, for implementing rehabilitation of the site, and for controlling
noxious weeds. The bond can specifically reference the Road and Bridge agreement, the
approved vegetation and rehabilitation plan, and the timber harvest plan as needed to
provide a level of specificity. The bond shall be valid for the period of time that the
applicant is actively logging on their property. The $100,000.00 bond shall be issued
solely for the Roszyk project, and not cover any other operations;
7. That the Special and Conditional Use Permits are subject to review for compliance or
noncompliance with the timber harvest plans and the conditions placed on the permits.
The applicant will be required to submit a report one year from the date of issuance of
the special and conditional use permits indicating the measures taken to comply with the
performance requirements of the permit. The Board of County Commissioners will
review the report in a public meeting within 30 days of receipt of the report and may
determine that a public hearing is necessary to consider suspension of the permit or that
conditions of approval must be met before additional activities can occur on the property;
8. That this conditional approval shall be valid until 2/4/03. If the applicant fails to meet
the conditions by 2/4/03, and subsequently the conditional and special use permits are
never issued, the approval shall automatically expire, unless an extension is granted by
the Board of County Commissioners;
9. That the volume of sound generated shall comply with the standards set forth in the
Colorado Revised Statutes at the time the application was approved (2/4/02).
Tel: 945-8212/Fax: 945-778.5 109 8th Street, Suite 303 Glenwood Springs, CO 81601
10. 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;
11. That emissions of smoke and particulate matter shall comply with all Federal, State
and County air quality laws, regulations and standards;
12. That the following shall not be emitted: 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.
13. That the applicant shall comply with the BLM and Mesa County access permits, and
shall obtain and comply with any other necessary permits.
14. That the applicant, per the Division of Wildlife comments in their review letter dated
11/23/01, shall reduce the potential for human/bear conflicts by placing and utilizing
"bear proof' trash containers at work-site/camping locations; That workers affiliated
with the project shall be advised not to feed bears, whether intentional or not.
Once the conditions of approval have been met, a conditional use permit may be issued. Please
understand that NO LOGGING OPERATIONS shall occur until a conditional use permit has
been issued. Please do not hesitate to contact me in the event you have any questions.
Sincerely,
Kit Lyon
Senior Planner
CC:
Road and Bridge Department
Mr. Kelly Rogers, Assistant District Forester
Town of Parachute
Division of Wildlife
Mesa County Public Works
Grand Valley Fire Protection District
4cu-c.
Tel: 945-8212/Fax: 945-7785 109 8th Street, Suite 303 Glenwood Springs, CO 81601
• 06:11?-3lo�
Industrial Impact Statement
For the
Ed Roszyk Property
Covering portions of sections: 10, 11, and 12,
Township 6 south, Range 100 west of the 6th. P.M.
Garfield County, Colorado
(1)This impact statement has been submitted to the Garfield County Building and Planning
Department as a supplement to the Timber Harvest Plan for the Roszyk property. Please
reference the Timber Harvest Plan for a detailed explanation of the location, scope, design,
proposed timber harvest schedule, and operational characteristics of this project. Additional
information as required by section 5.03.07 is addressed as follows:
(A) Existing lawful use of water through depletion or pollution of surface run-off, stream
flow or ground water:
No water will be used in the harvesting of timber on the property. As stated in section VI. A. of
the Timber Harvest Plan, selective timber harvesting will likely improve the watershed value of
the area treated, with slightly increased yields immediately following harvest. This increase is
due to the decreased density of the timber and less interception of snow in the tree canopy. The
increased water collection will provide benefits for ten to twenty years as the forest rapidly
regrows (Alexander, 1986).
Increased sediment production from timber harvest can usually be attributed to poor road or skid
trail design rather than the actual removal of timber. Proper road design and drainage, along with
rehabilitation of disturbed areas, will ensure minimal water degradation from this project. Carr
Creek and the Left Fork of Carr Creek will be crossed at only one point (at existing crossings)
and the stream channels will remain relatively undisturbed. In addition, a streamside
management zone (SMZ) of at least 50 feet will be maintained along all perennial streams, where
no removal of timber will be allowed.
There is no obvious history of slumping, mass movement, or known indicators of unstable soils
in the proposed sale area. Available soils information for the area indicates that mass movement
potential is low.
Logging and road construction have been carefully planned to avoid steep slopes, wet areas, or
suspected unstable soils. Mitigation measures will include prompt revegetation of disturbed
areas, road drainage systems with proper culvert placement, and stabilization of cut/fill slopes.
(B) Impacts on adjacent land from the generation of vapor, dust, smoke, noise, glare or
vibration, or other emanations:
• •
Land in close proximity (within a mile) to this property is mostly undeveloped. The proposed on-
site logging activity is not expected to impact neighbors significantly. There will be a short- term
increase in traffic along the proposed haul route, with a resultant increase in noise and some dust
along County roads 204 and 207. Traffic will consist of one or two log truck loads per day, plus
two or three pickups. Creation of road dust along the proposed haul route may impact some
residents. Mitigation will include water or dust control chemicals if necessary. If dust impacts
become a problem further mitigation by limiting the number of loads per day and/or the speed of
haul trucks may be necessary. Logging and hauling operations will only occur during daylight
hours.
(C) Impacts on wildlife and domestic animals through the creation of hazardous
attractions, alteration of existing vegetation, blockade of migration routes, use patterns or
other disruptions:
One of the objectives in managing the property's timber resource is to maintain or improve the
wildlife habitat. As mentioned previously, the proposed timber sale should not affect the overall
value of these stands as big game cover. Elk, deer, and turkey may be temporarily displaced from
the area during logging and hauling operations. No logging or hauling will occur during the big
game archery or rifle seasons.
Immediately following the timber harvest, understory vegetation will likely increase due to more
light reaching the forest floor. Most of this increase is in grasses and forbs that are palatable to
cattle and other grazers. This increase is relatively short-lived; within 15 years, the area will
usually be producing about the same amount of forage as before harvest.
Nesting sites for forest raptor species such as goshawk or flammulated owls will be identified
within the harvest area prior to the timber harvest, and the sites will be protected from logging
damage. In addition, standing dead trees or trees with dead tops will be retained at a average
density of 6 trees per acre.
(D) Affirmatively show the impacts of truck and automobile traffic to and from such uses
and their impacts to areas in the County:
See (B) above.
(E) That sufficient distances shall separate such use from abutting property which might
otherwise be damaged by operations of the proposed use:
The area proposed for logging is located approximately 1/2 mile from the nearest abutting private
property. No permanent residences are within a mile of the project area. On-site logging
operations will produce only distant noise from chainsaws, trucks, and heavy equipment.
(F) Mitigation measures proposed for all of the foregoing impacts identified and for the
standards identified in Section 5.03.08 of this Resolution.
•
Mitigation measures have been listed in the above sections. Industrial Performance Standards as
listed in section 5.03.08 will be adhered to as closely as possible.
(2) Additional mitigation provisions are listed as follows:
(A) A plan for site rehabilitation must be approved by the County Commissioners before a
permit for conditional or special use will be issued;
Site rehabilitation following logging will be largely unnecessary. This project is a partial removal
of overstory Douglas -fir timber. Existing stand conditions show a variety of age classes
represented, including adequate intermediate, seedling and sapling -stage trees that will
eventually fill into the overstory. Natural regeneration of seedlings will also occur in small
created openings. Landing areas will have slash piled for later burning when conditions allow.
Landings, temporary roads, and skid trails will subsequently be seeded with a native grass seed
mix.
June 26, 2001
Kit Lyon
Garfield County Building and Planning Department
109 8th. Street, Suite 303
Glenwood Springs, CO 81601
Re: Roszyk S.U.P.
FOREST
SERVICE
Grand Junction District
222 S. 6th. St., Rm.#416
Grand Junction, CO 81501
(970) 248-7325
RECEIVED JUN 2 7 2001
Kit,
Enclosed are three copies of an Application for Conditional Use Permit for Ed Roszyk, along
with the application fee of $250.00. Mr. Roszyk has signed an agreement with the Colorado State
Forest Service to act as his agent (included in the Appendix) in obtaining this permit.
To access the property as planned, Mr. Roszyk will have to cross private land owned by Tom
Scott, and a short stretch of BLM land. Mr. Roszyk has filed an application for a permit to cross
the BLM land through the Grand Junction field office. He is also in the process of obtaining
written permission to cross Tom Scott's property. Mr. Scott has verbally agreed to provide
access.
Let me know if you need any additional information to process this application.
Sincerely,
Kelly Rogers
Assistant District Forester
• •
August 2, 2000
Kit Lyon
Garfield County Building and Planning Department
109 8th. Street, Suite 303
Glenwood Springs, CO 81601
RECEIVED no 6 2(101
FOREST
SERVICE
Grand Junction District
222 S. 6th. St., Rm.#416
Grand Junction, CO 81501
(970) 248-7325
RE: Roszyk Timber Harvest.
Kit,
In response to your request dated July 17, 2001 for more detailed information on the above-mentioned special use
permit application, I have addressed your concerns as follows:
1) We are planning on crossing both BLM property and Tom Scott's place, as indicated on the map in
Appendix C of the Application. Attached are copies of letters from both the BLM and Tom Scott granting
access.
2) In regard to stream crossings, please refer to the map in Appendix C of the plan:
There is an existing road that fords the Main Fork of Carr Creek (perennial) just after leaving County Road
207, which currently accesses a gas well site on BLM land. We anticipate using this ford. The Left Fork of
Carr Creek (intermittent) is also crossed by an existing 2 -track ford, which the BLM has already approved
for our use. Two additional intermittent drainages will be crossed on Roszyk's land to access the sale area,
the first with a ford and the second with an 18" culvert.
3) All loads will be within legal weight and height limits.
4) At this point, we anticipate using only conventional, rubber tired skidders on slopes less than 40%.
Conventional skidders will be used only within the cross -hatched area shown on the map in Appendic C.
Helicopter logging could be done on the steeper slopes above this area, although it is currently not
economically feasible. However, we would like to leave the option open for helicopter logging if economic
conditions change. Helicopter logging would not alter the haul route, only the anticipated number of loads
hauled. It is likely that helicopter logging would add up to 100 loads to this sale.
5) I'm not familiar with the sections and requirements you listed, and this is the first time I've heard of an
"industrial impact statement". This is virtually the exact same logging situation as the application filed
earlier this year for the Altenbern property just up the road. Why are the application requirements different
for Ed Roszyk's property? Mr. Roszyk has recently mailed in an additional check for $150 to your office
to cover the fees mentioned.
I hope this covers the information that you need to process this application. Please contact me for further
information.
Sincerely,
Kelly Rogers
Assistant District Forester
r
440
1N Rt LY Rt:FF.R Tu.
800
OC60337
• •
United States Department of the Interior
BU'RFAU OF LAND MANAGEMENT
Grand Junction Field OEiice
2815 H Road
Grand Juncrion, Colorado 81 506
JUN 01 2001
ERTIFIED MAIL NO. CERTIFIED MAIL NO,
000 0520 0023 6848 3066
Amer�
7000 0520 0023 6848 3073
sssignee: Assignor:
!:Ihn W. Savage Edward W. Roszyk
.O. Bux 1926 536 N. 4th Street
ifle, CO 81650 Grand Junction, CO R1501
DECISION
Assignment Approved
(n May 17, 2001, the Bureau of Land Management's Grand Junction Field Office received an
a$ciZnment request from John W. Savage for right-of-way COC60337, an access road across
blic lands. The assignee, Edward W. Roszyk has submitted an application and assignment fee
f r the right -of --way. Rental is current and all documents are in order, therefore, the assignment
COC60337 is hereby approved.
It you have any questions concerning this assignment, plcasc coat u. t Sandra Warren at
9170-244-3077.
4,52 tif,erCZ.
,�I . Catherine Robertson
G' Grand Junction Field Manager
a3 h?1orn
Ile
■
170E199Z0L6 99:E0 t00Z/61/L0
•
August 20, 2001
Kit Lyon
Garfield County Building and Planning Department
109 8th. Street, Suite 303
Glenwood Springs, CO 81601
lb- • -
RECEIVED AUG 2 3 21101
te
FOREST
SERVICE
Grand Junction District
222 S. 6th. St., Rm.4416
Grand Junction, CO 81501
(970) 248-7325
RE: Roszyk Timber Harvest.
Kit,
In response to your request dated August 17, 2001 for more detailed information on the above-
mentioned special use permit application, I have addressed your concerns as follows:
1) As outlined in section III. B. of the previously submitted Timber Harvest Plan, the
proposed haul route will be across BLM and private land to Garfield County Roads 207
and 204. We have previously submitted access agreements from the BLM and private
landowners involved, enabling us to legally access County Road 207.
2) In regard to stream crossings, the attached map identifies all existing and proposed stream
crossings involved in this project. As previously stated, there is an existing road that fords
the Main Fork of Carr Creek (perennial) just after leaving County Road 207, which
currently accesses a gas well site on BLM land. We anticipate using this ford. The Left
Fork of Carr Creek (intermittent) is also crossed by an existing 2 -track ford, which the
BLM has already approved for our use. Two additional intermittent drainages will be
crossed on Roszyk's land to access the sale area, the first with a ford and the second with
an 18" culvert.
3) Please refer to the attached Industrial Impact Statement (10 copies), which I believe
addresses Section 5.03.07 and 5.03.08.
I hope this covers the information that you need to process this application. Please contact me for
further information.
Sincerely,
71e-7--
Kelly
•I ---
Kelly Rogers
Assistant District Forester
uopoo-1 paroid pasodoici
2,
3
CD
• •
TIMBER HARVEST PLAN
for
ED ROSZYK
536 N. 4TH. St.
Grand Junction, CO
(970) 256-1304
Covering portions of eel00owestl0, 11, and of the 6th P.M.
Township 6 south, q
Garfield County, Colorado
Prepared by:
Kelly Rogers, Assistant District Forester
Colorado State Forest Service
222 S. 6th Street, Room 416
Grand Junction, Colorado 81501
(970) 248-7325
June, 2001
Table of Contents
page
I. Description of Proposed Harvest Area
3
3
A. Location 3
B. Current Road Access 3
C. Topography and Climate
D. Soils 4
4
E. Wildlife 4
F. Timber
II. Proposed Silvicultural Treatments
6
A. Objectives and Recommendations
7
III. Proposed Harvest System
7
A. Logging System 7
B. Hauling System
IV. Proposed Rehabilitation Guidelines
8
V. Schedule of Operations
8
VI. Potential Impacts and Planned Mitigation
9
A. Soil and Water Resources 9
B. Recreation and Aesthetics 9
C. Wildlife Habitat and Range Values 10
D. Fire Protection
10
E. Impact on Neighboring Landowners and Communities. 11
VII. Enforcement of Timber Harvest Plan
12
VIII. References... 12
IX. Appendix
A. Legal Description and Property Deed
B. Property Location Map
C. Proposed Project Location/Topographic Map
D. Copy of Garfield Co. Assessor's Map showing adjacent
landowners
E. Soil Descriptions
F. Timber Cruise Data
G. Timber Sale Contract
H. Landowner Service Agreement
I. BLM Access Agreement
J. Private land access agreement
K. Letter of authorization from Mesa County
I. Description Of Proposed Timber Harvest Area
A. Location
The proposed harvest area lies within selected Douglas -fir timber
stands in the Left Fork of Carr Creek and the Bear Gulch
drainages, approximately 20 air miles northwest from the town of
DeBeque. This proposal covers a portion of approximately 2,500
acres of the Roszyk property. A complete legal description for
the property is included in the Appendix.
The property has not been surveyed recently, and the boundaries
are not entirely delineated by fencing. Survey monuments have
been located within section 1, in township 6 south, Range 100
west, and approximate property lines have been flagged. Refer to
the Property Location Map and Topographic Map in the Appendix for
a detailed description of the boundaries.
B. Curren: Road Access
( The property is currently accessed from I-70 by paved and gravel
,/ county roads, and dirt roads on the private land. From I-70,
approximarely 25 miles are county -maintained, either paved or
lJ gravel road. The remaining 3 miles are on BLM or private land.
New road construction will be necessary on about 2 miles of
private land. Refer to Section III of this plan for detailed
information on the planned haul route.
P,
C. Topography and Climate
The Roszyk property covered by this plan lies along the north
side of 4A Ridge and parallel to the Left Fork of Carr Creek and
Bear Gulch. Please refer to the Topographic Map in the appendix
showing topography and proposed sale location. Topography is
fairly level along the creek bottom meadows, changing to a series
of rolling benches along the south side of Bear Gulch and the
Left Fork of Carr Creek, then steeply sloping side hills rising
to rock cliffs along the north side of 4A Ridge. The proposed
harvest area lies along the bench and the toe slope above Bear
Gulch and the Left Fork of Carr Creek. Slopes range from nearly
level along the bench to over 60% on the side hills. Elevation
5 ranges from 6400 to 7600 feet.
Several intermittent drainages flow north across the property
through the harvest area into Bear Gulch or the Left Fork of Carr
Creek, which sometimes has year-round running water. These small
drainages appear to carry water only during a brief period of
snow runoff, or during heavy thunderstorms.
According to the soil survey published by the Natural Resources
3
Conservation Service, the average annual precipitation for this
area is 20 to 25 inches, average annual air temperature is about
40 degrees, and the frost -free period is less than 75 days.
Average annual snowfall is 150 to 200 inches.
D. Soils
Soils information for this property was furnished by the Natural
Resources Conservation Service. The soil types within the planned
harvest area are described as a "Utso-Rock Outcrop complex, 40-90
percent slopes". This soil is characterized as deep and well -
drained, formed from colluvium and alluvium derived dominantly
from Green River shale. Permeability is moderate, available water
Ocapacity is low, runoff is rapid, and the hazard to erosion is
;,� high to very high due mainly to steep slopes. There are currently
X04 no signs of serious erosion within the proposed harvest area.
Q Complete descriptions of the soils found on the property and
their management concerns can be found in the Appendix.
E. Wildlife
The conifer forests within the proposed harvest area provide
important habitat for many species of wildlife. Wildlife sign
noted on he property includes that of elk, mule deer, black
bear, coyotes, porcupines, rabbits and other small rodents,
turkeys, and a variety of other birds. The Douglas -fir timber
seems especially well suited to hiding and thermal cover for elk,
as numerous trails and recent sign of elk were noted along the
hillside above Bear Gulch.
According to Colorado Division of Wildlife WRIS data (Wildlife
Resource Information System), this area serves as summer and
winter range for elk, and summer range for deer. The area is also
home to a resident population of turkeys. The WRIS data does not
identify any critical areas (such as calving or fawning grounds)
for elk, deer, or other species within the proposed harvest area.
Adjacent landowners to this property have recently been involved
with an effort by the CDOW to re -introduce the Colorado River
cutthroat trout on a portion of Carr Creek (upstream from the
Roszyk property). Though not listed as threatened or endangered,
this species has been identified by the CDOW as a "species of
special concern" in Colorado.
There are no threatened or endangered plants or animals known to
be inhabi=ing or utilizing the area.
4
•
F. Timber
As determined by aerial photography, approximately 838 out of the
2,500 total acres of the property are forested. This forested
area is composed of an almost pure stand of Rocky Mountain
Douglas -fir, occasionally mixed with pinyon and juniper on the
drier slopes, and small patches of aspen timber in the wetter
areas. A preliminary cruise was done on the property's timber in
order to determine general stand characteristics, silvicultural
recommendations, and expected timber yield. Ten variable radius
prism sample plots were randomly located within the operable
portions of the property. Results of the cruise are summarized
below; refer to the Appendix for complete cruise information.
Douglas -fir Stand Data
Ave. Ave. Stems/
DBH Ht. Acre BA/Ac Aqe Slope BdFt/Ac
10.6 58
139 85 102 40% 7,984
These Douglas -fir stands are generally uneven -aged, with a good
distribution of age classes. There is adequate natural
regeneration of seedlings and saplings throughout. The understory
varies from heavy concentrations of oakbrush and serviceberry
under less dense stands, to low snowberry, woods rose, or a
barren liter and duff layer under the denser timber.
Small patches of aspen occur along the upper elevations and in
draws, occasionally mixing with the Douglas -fir. Some isolated
spruce may also occur along stream bottoms, although this species
is not common. None of the aspen stands were inventoried, or
considered as part of this evaluation; these aspen stands are
mostly very small diameter, stunted, and of non -merchantable size
and form.
The Douglas -fir timber is somewhat variable as to stocking and
size. The variability is due to growing site conditions, as well
as past disturbance to the timber due to wildfire, insects,
disease, or windthrow. There is very little evidence of past
cutting. At least 3/4 of the total forested acreage is probably
unsuitable for harvest, either from inadequate stocking, size, or
difficulties in access. Large rockfields or cliffs may limit
access even by foot or helicopter. The most feasible areas to log
with e ther helicopter or conventional tractor appear to be the
larger, more continuous patches -75f relatively dense timber
located a= the toe slope above the Left Fork of Carr Creek, Bear
Gulch, and the steeper terrain above.
The Douglas -fir timber is relatively healthy, with little damage
5
• •
due to insects or disease. There is evidence of old bark beetle
damage in some stands, with small groups of old dead trees. In
general the bark beetles appear to be at endemic levels. There
was no damage noted from western spruce budworm.
The timber is surprisingly young; average age for all sampled
trees was 102 years. Growth rates in the younger stands are good
to excellent, although as the timber gets over 120 years old the
growth rage declines dramatically. Defect is relatively low in
the younger timber but increases with age. Older trees have a
high defect percentage due to sweep, crook, rough tops, and
knots. There is very little rot in this timber, probably due to
the relatively dry, cool site conditions.
II. Proposed Silvicultural Treatments
A. Objectives and Recommended Treatment
The long-.erm objectives for the property, as expressed by the
landowner, are as follows:
• To improve the overall health and productivity of the forest.
• To provide revenue through a commercial timber sale.
• To maintain or improve the wildlife habitat, especially for
elk, deer, and turkey.
• To improve road access into the area.
In order �o best meet these objectives, a selective cut of the
Douglas -fir timber is recommended. Selective cutting is an
uneven -aged management technique that removes trees from all size
classes to effectively reduce the stand density (basal area) in
order to increase the vigor of the residual stand. Stand density
of trees over 6" DBH should be reduced by about 25%, to somewhere
around 70 stems per acre (Joy and Hutton, 1990). After harvest,
the resul=ing stand will ideally have an even distribution of
trees from all size classes. The preliminary cruise data
currently shows a larger number of trees in the 10-16 inch range,
so trees in these size classes should be selected most. Trees
selected for removal should also be the poorer formed, more
suppressed trees with obvious defects like sweep, crook, or
forks, in order to improve the stand genetics. A scattering of
very old, flat-topped trees should also be left for wildlife
benefits.
A selection cut in these Douglas -fir stands will maintain the
present appearance of a mature, high forest. The forest should
retain its overall value as wildlife cover. Forage availabilty
6
will be increased somewhat due to increased light on the forest
floor. In addition, a commercial product will be produced and
revenue will be generated for the landowner, and the residual
stand will be healthier and more productive. Repeated entries of
this type can be planned at 15-20 year intervals to maintain a
sustained flow of forest products over time.
III. Proposed Harvest Systems
A. Logging System
It is anticipated that conventional tractor skidding will be used
to harves= the majority of the timber. Tractor skidding will be
used on the toe slope and bench areas, up to about 50% slopes.
Rubber tired skidders are recommended to reduce damage to the
residual stand; these can be either grapple or cable skidders. It
is also anticipated that a tree shear will be used for felling
trees. The shear can be either track -mounted or rubber tired.
Hand felling may also be used. In any case, the trees should be
whole tree skidded to reduce the slash load within the harvest
area. Winer logging has definite resource protection advantages,
but may not be economically feasible due to snow removal costs
and slope constraints.
\ The steeper portions of the property may be logged using
0(, f helicopter yarding, although at this time helicopter logging is
`e§ not economically feasible. Helicopter yarding will reduce the
�`,,, amount of road and skid trail construction, and will reduce the
)F -)amount of ground disturbance. Helicopter yarding will require
lopping and scattering of limbs and tops rather than whole -tree
skidding in order to reduce the weight of trees.
B. Hauling System
The existing road system is described in Section I.B, above. The
expected h.ul route will be:
Road Section Surface Milage
Z
Top of sale area ti/County Road 207 dirt 2.5
Coun=y Road 207 to County Road 204 gravel 4.2
Couniy Road 204 gravel 4.9
Coun7,y Road 204 to Mesa Co. Rd. 45 paved 11.8
Mesa Co. Rd. 45 to I-70 paved 4.5
27.9
4 2 -
Total Milage to I-70
14'11-11.%
tw
4,6
lT b
7
• •
All roads are currently adequate for log truck hauling up
to the
boundary of the BLM land (see the Topographic Map in the the
Appendix). Access agreements are in place between the BLM,
adjacent landowner involved, and Mesa County Road and Bridge (see,
Appendix). An existing low water crossing on Carr Creek andtthhel�
Left Fork of Carr Crek will
bminimum hauand
laroadexisting
standardsjeep
for
will be widened and graded to
about 2 miles.
Minimum haul road standards are 14 foot width, with maximum 01/4�
adverse grade of 8%. Maximum favorable grade is 15%. Road base
will be native material in most places, although it may be
necessary to haul in gravel or shale deposits to cover some of
the rockier stretches of this road.
There are two shallow, intermittent drainages that will be
crossed along the bench above the Left Fork of Carr Creek. These
crossings should be at right angles to the streambed, and should
consist of steel or ADS culverts at least 18" in diameter.
Culverts should be placed on a 2 to 4% grade, should be covered
with at least one foot of dirt, and an apron of rock provided for
outflow to spill on.
There are approximately 1.2 miles of new road construction
required access the sale. The new road will be of the minimum
standard necessary to remove logs, with very little road base or
ditching. None of the new road constructed will be accessible to
public use. Temporary spur roads and landing areas may be
necessary to access parts of the harvest area; these temporary
roads will be rehabilitated by gradin9and seeding after the sale
is complexed.
.The proposed timber harvest is expected to total approximately
1,250 to 2,500 tons (approximately 250,000 to 500,000 board
feet). This will amount to between 50 ana 100 truckloads. Log
hauling is expected to proceed at the rate of 1 to 2 loads per
day for the duration of the sale.
�-v
IV. Proposed Rehabilitation Guidelines
Rehabilitation of the sale area should be largely unnecessary.
Natural regeneration of Douglas -fir seedlings is plentiful, and
it is expected that no replanting will be required. Landing slash
will be piled for subsequent burning when conditions allow. Burn
scars from pile burning, large landing areas, temporary roads,
and well used skid trails may require disking and re -seeding with
grass. In addition, for several years after the sale is completed
the landowner will have to monitor and treat any infestations of
noxious weeds.
8
•
V. Schedule of Operations
Road improvement, harvesting and hauling operations will begin as
soon as the required permits for hauling on county -maintained
roads have been obtained. This initial sale of 1,250 to 2,500
tons will likely take 1 year to complete. Subsequent sales of
timber on this property will be evaluated as a separate project
from this initial entry.
Only abou7_ 5-6 months of the year are typically available for
logging. Seasonal shut -downs of work are anticipated for spring
runoff in March -May, and for the big game hunting seasons in
October and early November. Heavy snows can limit logging
operations from January 1 to the end of March. Logging and
hauling are least damaging in the early to mid winter months of
November and December, when the ground is frozen and before snow
removal costs are prohibitive.
VI. Potential Impacts and Planned Mitigation
A. Soil and Water Resources
Selective timber harvesting will likely improve the watershed
value of The area treated, with slightly increased yields
immediately following harvest. This increase is due to the
decreased density of the timber and less interception of snow in
the tree canopy. The increased water collection will provide
benefits for ten to twenty years as the forest rapidly regrows
(Alexander, 1986) .
Increased sediment_ production from timber harvest can usually be
attributed to poor road or s triT_design rather than the
actual removal of timber. Proper road des •n . • • - age, along
wi re api i a ion o • - urbed areas, will ensure minimal water
degradation from this project. Carr Creek and the Left Fork of
Carr Cree will be crossed at only one point (at existing
crossings) and the stream channels will remain relatively
undisturbed. In addition, a streamside management zone (SMZ) of
at least 50 feet will be maintained along all perennial streams,
where no removal of timber will be allowed. �` w� "'�`
�C.vvY15 ,'
There is no obvious history of slumping, mass movement, or known
indicators of unstable soils in the proposed sale area. Available
soils information for the area indicates that mass movement
potential is low.
Logging and road construction have been carefully planned to
avoid steep slopes, wet areas, or suspected unstable soils.
Mitigation measures will include prompt revegetation of disturbed
areas, road drainage systems with proper culvert placement, and
stabiliza=ion of cut/fill slopes.
B. Recrea-Aon and Aesthetics
Since the sale area is located on private lands, public
recreational opportunities are not available. The proposed timber
sale will improve the vehicle access for the landowner or any
hunters allowed on the property. Log truck traffic may be
noticeable to surrounding neighbors as well as big game hunters
utilizing surrounding public lands. Logging operations will be
shut down during the fall big game hunting seasons in October and
early November.
Visual impacts from this sale will also be very minimal, since
the partial cutting of these stands will be almost un -noticeable
from a distance. Very little of the sale area is visible from a
public road.
C. Wildlife Habitat and Range Values
One of the objectives in managing the property's timber resource
is to maintain or improve the wildlife habitat. As mentioned
previously, the proposed timber sale should not affect the
overall value of these stands as big game cover. Elk, deer, and
turkey may be temporarily displaced from the area during logging
and hauling operations.
Immediately following the timber harvest, understory vegetation
will likely increase due to more light reaching the forest floor.
Most of this increase is in grasses and forbs that are palatable
to cattle and other grazers. This increase is relatively short-
lived; within 15 years, the area will usually be producing about
the same amount of forage as before harvest.
Nesting sites for forest raptor species such as goshawk or
flammulated owls will be identified within the harvest area prior
to the timber harvest, and the sites will be protected from
logging damage. In addition, standing dead trees or trees with
dead tops will be retained at a average density of 6 trees per
acre.
D. Fire Protection
As with all private land in Colorado, responsibility for fire
control on this property ultimately lies with the County Sheriff.
The property is outside of any local fire protection district.
The nearest fire district is DeBeque, about 12 miles south. The
entire parcel is within a mile of BLM land, thus it is within a
mutual aid zone for the first burning period. Initial response to
10
• •
a wildfire on the property would likely be by the DeBeque Fire
Protection District and BLM personnel. Following the initial
burning period, the Garfield County Sheriff, assisted by the
Colorado State Forest Service, would have to determine
resources needed to control a fire, and how to pay for them.
Under favorable burning conditions, the closed -canopy Douglas -fir
stands on this property are capable of supporting an intense
crown fire that could be difficult to control. Carr Creek andits
tributaries offer easy access to water for firefighting in places
on the property. The proposed timber sale activity on this
property will increase the risk of fire somewhat due to the
operation of chainsaws and heavy equipment. The risk will be
mitigated by requiring operational spark arrestors on all
chainsaws, and by requiring a minimum of one shovel and one fire
extinguisher for each piece of equipment on the sale. Improving
the road will also improve the access for firefighting vehicles.
The presence of heavy equipment such as bulldozers and skidders
to suppress a fire, whether natural or man -caused, is beneficial.
A timber sale agreement will specify that contractors working on
the property are liable for the cost of suppressing any wildfire
that they start. The sale agreement will also specify that the
landowner may shut down operations if the fire danger is high.
E. Impact on Neighboring Landowners and Communities
Land in close proximity (within a mile) to this property is
mostly undeveloped. The proposed on-site logging activity is not
expected impact neighbors significantly. There will be a
short- term increase in traffic along the proposed haul route,
with a resultant increase in noise and some dust along County
roads 204 and 207. Traffic will consist of one or two log truck
loads per day, plus two or three pickups. Creation of road dust
along the proposed haul route may impact some residents.
Mitigation will include water or dust control chemicals if
necessary. If dust impacts become a problem further mitigation by
limiting the number of loads per day and/or the speed of haul
trucks may be necessary. Logging and hauling operations will only
occur during daylight hours.
No permanent structures will be utilized or built on the property
as part of this timber sale. No water will be used in conjunction
with this sale, and no wastewater will be produced.
There is currently a strong market for Douglas -fir log products
in the area. The US Forest Service is the main supplier of timber
in this region, and timber sale offerings by the Forest Service
have dropped dramatically in recent years. Harvest of timber on
the property will help support the local timber industry and will
create jobs for logging contractors, truckers, and mill workers
in local communities.
11
• •
VII. Enforcement of Timber Harvest Plan
Enforcement of on-site logging operations will be the
responsibility of the landowner, or an agent designated by the
landowner as sale administrator. A Timber Purchase Contract shall
govern the sale of timber, and will cover items such as sale
period, payment terms, performance bonds, damage penalty,
performance standards, and arbitration. A copy of this agreement
is included in the appendix.
Enforcement of permits required for hauling logs on county roads
or state highways will be the responsibility of the appropriate
jurisdictional agency involved.
VIII. References
1. Soil Survey for the Bookliff Area, Mesa County, Colorado, U.S.
Departmen= of Agriculture, Natural Resources Conservation
Service.
2. Colorado Division of Wildlife, WRIS database.
3. Joy, John W., and Hutton, Diane M., 1990. Douglas -fir in
Southwest Montana: A Love/Hate Relationship. USDA Forest Service,
Northern Region. 7 p.
4. Alexander, Robert R., 1986. Silvicultural Systems and Cutting
Methods for Old -Growth Spruce -fir Forests in the Central and
Southern Rock Mountains. USDA Forest Service General Technical
Publication RM -126.33p.
12
APPENDIX A
Legal Description:
T. 5 S., R. 99 W., 6`h. P.M.
Sec. 31: SE1/4SW1/4, S1/2NE1/4SW1/4, S1/2SE1/4, S1/2N1/2SE1/4
Sec. 32: S1/2S1/2, S1/2N1/2S1/2
Sec. 33: SW 1/4SW 1/4, South Latitudinal 10 chains of lot 21
T. 6 S., R. 100 W., th. P.M
Sec. 1: NW 1/4SW 1/4
Sec. 2: Lot 5 (3.89 acres),
N1/2S1/2, SW1/4SW1/4
Sec. 3: Lot 5 (3.77 acres),
Sec. 10: All
Sec. 11: All
Sec. 12: NW1/4
Lot 6 (3.86 acres), Lot 7 (3.84 acres), Lot 8 (3.81 acres),
Lot 6 (3.72 acres), Lot 7 (3.66 acres, Lot 8 (3.61 acres, S1/2
2,510.16 acres, more or less. Commonly and hereafter refered to as "Bear Gulch".
1111111111111111111111111111111 IINt 1111111111111111
580322 05/04/2001 09:50A 81250 P708 M ALSDORF
1 of 2 R 14.50 D 75.00 GARFIELD COUNTY CO
SPECIAL WARRANTY DEED
Grantor(s), Laird K. Smith, C.A. Biggs III, Silmon Biggs, Laird K. Smith,
Jr., Kay Margaret Willer fka Kay Margaret Smith, Clyde MacLain Biggs,
Clinton A. Biggs II aka Clinton A. Biggs, John W. Savage, Jr., Roy E.
Savage, Marshall T. Savage, and Daniel W. Savage whose legal address is
c/o P.O. Box 1926, Rifle, CO 81650-1926, County of Garfield and State of
Colorado, for the consideration of
($750,000.00) Seven Hundred Fifty Thousand and 00/100
DOLLARS, in hand paid, hereby sell(s) and convey(s) to Edward W. Roszyk whose legal address is 536 N. 4t St.,
of
Grand Junction, CO 81501, County of Mesa and State of Colorado, in the County the following real property
Garfield and State of Colorado, to wit:
See attached Schedule A Legal Description from File No. 0007042
also known by street and number as: none, unassigned off of CR 204, DeBeque, CO
assessor's schedule or parcel number: Schedules: 290544-290550 and 290129; Parcel No: 216303400002
with all its appurtenances, including appurtenant water rights, if any; and warrant(s) the title against all persons claiming
under (me) (us) except for the following: conveyance of 17.5% mineral interest to JRMD, LLC; Easement Declaration;
Altenbern Easement Agreement recorded 1/29/01 #575470 B.1229 P.222, Bureau of Land Management Right of Way
and from appublic right of way; grazing and hunting leases for the t recorded April 16, 1998, in Book 0year 63 t2001 and rights of waPage 246; lack of ytclamed by others, of access to andTtheom
if any.
Laird K. Smith, C.A. Biggs III, Silmon Biggs, Laird K. Smith, Jr., Kay Margaret Willer fka Kay Margaret Smith,
Clyde MacLain Biggs, Clinton A. Biggs 11 aka Clinton A. Biggs, Roy E. Savage, Marshall T. Savage, and Daniel W.
Savage
Date: S/%
y in fact
•
STATE OF COLORADO
County of Garfield
The foregoing instrument was acknowledged before me this 3 'day of Rte'') 2001, by John W. Savage, as
attorney in fact for Laird K. Smith, C.A. Biggs III, Silmon Biggs, Laird K. Smit1 , Jr., Kay Margaret Willer fka Kay
Margaret Smith, Clyde MacLain Biggs, Clinton A. Biggs II aka Clinton A. Biggs, Roy E. Savage, Marshall T.
(6 Savage, and Daniel W. Savage and John W. Savage, Jr., individually.
Witness my hand and official seal.
0 My commission expires: -
No. 900. Rev. 3-98. SPECIAL WARRANTY' DEED (Short Form)
VAC. os
lv. ‘-\° 3/
('1c(` • \C SC -\ Co \ SD
rte`
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580322 05/04/2001 09 50A 81250 P709 M ALSDORF
File No. 00074'2 2 of 2 R 14.50 D 75.00 GARFIELD COUNTY CO
SCHEDULE A
Legal Description
4. The Land referred to in this Commitment is situated in the County of Garfield, State of Colorado, and
described as follows:
Patented Mining Claims known as West Star Group 1, 2, 3, 4; North Star Group 1, 2, 3, 4, 5, 6;
South Star Group 1, 2, 3, 4; Snow Crest Group 1, 2, 3, 4; and more particularly described in
U.S. Patent Number 1204188, recorded in Book 330 at Pages 597, 598 and 599, and U.S.
Patent Number 1152194 recorded in Book 284 at Page 530, Garfield County, Colorado
records.
The above described tracts are alternatively described as:
Township 5
Section 31:
Section 32:
Section 33:
Township 6
Section 1:
Section 2:
Section 3:
Section 10:
Section 11:
Section 12:
South, Range 99 West, 6th P.M.
SE1/4SW1/417
S1/2NE1/4SW1/4 /
S1/2SE14, S1/2N112SE1/�.
S1/2S1/21/2N1/2S1/
SW1/4SW1/4, South Latitudinal 10 Chains of Lot 21t -
South, Range 100 West, 6th P.M.
NWI14SWI/4''
Lot 5, Lot 6, Lot 7, Lot 8, N1/2S1/2, SW1/4SW1/4
Lot 5, Lot 6, Lot 7, Lot 8, S1/2
All
All
NW1/4'
TOGETHER with all rights of access contained in Bureau of Land Management Right of Way
Grant/Temporary Use Permit recorded April 16, 1998 in Book 1063 at Page 246.
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APPENDIX "D"
List of Adjacent Property Owners (Keyed to Assessor's Map on Following Page):
961, 962, 951: USDI Bureau of Land Management
2815 H Road
Grand Junction, CO 81506
010: Altenbern and Sons
13098 County Road 204
DeBeque, CO 81630
001: Murrill Thomas and Sue Ann Scott
P.O. Box 971
Silt, CO 81652
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U.S. DEPARTMENT OF AGRICULTURE
NATURAL RESOURCES CONSERVATION SERVICE
APPENDIX E
WOODLAND MANAGEMENT AND PRODUCTIVITY
CSFS
(Only the soils suitable for production of commercial trees are listed)
PAGE 1 OF 3
05/2/00
I I Management concerns 1 Potential productivity I
1 1 I I
Map symbol IOrdi- I 1 Epp- I 1 I 1 1 1 1
and soil name InationlErosioa I ment 'Seedling' Wind- I Plant I Common trees 'Site 'Volume 'Suggested trees
'eymbollhazard ' Limita-'mortal- I throw Icompeti-' IInde 1of wood' to plant
I I I tion I ity I hazard I tion 1 I I fiber I
1 1 1 1 1_________1 1 1 1 I
1 1 1 1 1 1 1 1 I m3/ba
o3/ba I
1 1 1 1 1 1 1 1 1 1
71: 1 1 1 1 1 1 1 1 1 I
Utso 1 4R 'SEVERE 'SEVERE 'SLIGHT 'SLIGHT IMODERATEIRocky Mountain 1 1 I
I I 1 I I I 1 Douglas -fir 1 65 1 4 1
1 1 1 1 1 1 1 1 1 I
Rock Outcrop. I 1 1 1 1 1 1 1 1 I
1 1 1 1 1 1 1 1 1 I
30: 1 1 1 1 1 1 1 1 1 1
Debeque. 1 1 1 1 1 1 1 1 1 I
I 1 I I I I I 1 1 I
1 1 1 1 1 I
1 1 1 1
Hesperus.
1 1 1 I 1 1 1 1 1 11 1 I
52: 1 1 1 I 1 1 1
Northwater I 2F IMODERATEIMODERATEIMODERATEISLIGHT IMODERATEIQuaking aspen 1 65 1 2
1 1 1 1 1 1 1
Adel 1 IMODERATEIMODERATEIMODERATEISLIGHT IMODERATEISubalpine fir 1 1 1
1 1 1 1 1 1 'Engelmann spruce - II I
1 1 1 1 1 1 'Quaking aspen 1 1 1
1 1 1 1 1 1 1 1 1 I
28: 1 1 1 I 1 1 1 1 1 1
Cumulic 1 1 1 1 1 1 1 1 1 1
Haploborolls. 1 1 1 1 1 1 I 1 1 I
1 1 1 I 1 1 1 1 I I
29: 1 1 1 1 1 1 1 1 I I
Debeque.
1 1 1 1 1 1 1 1 I 1
1_____1 1
1 1 1 1 1 1 1
U.S. DEPARTMENT OF AGRICULTURE
NATURAL RESOURCES CONSERVATION SERVICE
WOODLAND MANAGEMENT AND PRODUCTIVITY
PAGE 2 OF 3
05/2/00
Endnote -- WOODLAND MANAGEMENT AND PRODUCTIVITY
This report can be used by woodland owners or forest managers in planning the use of soils for wood crops. Only those
soils suitable for wood crops are listed. The report lists the ordination symbol for each soil. Soils assigned the
same ordination symbol require the same general management and have about the same potential productivity.
The first part of the ORDINATION SYMBOL, a number, indicates the potential productivity of the soils for an indicator
tree species. The first species listed under common trees for a soil is the indicator species for that soil. It is
the dominant species on the soil and the one that determines the ordination class. The number indicates the volume,
in cubic meters per hectare per year, which the indicator species can
produce. The second part of the symbol, a letter, indicates the major kind of soil limitation. The letter 'Rn' indicates
steep slopes; 'X', stoniness or rockiness; W. excess water in or on the soil; "T', toxic substances in the soil; 'D',
restricted rooting depth; C. clay in the upper part of the soil; 'S', sandy teture; 'F', a high content of rock
fragments in the soil; and 'N', snowpack. The letter An indicates that limitations or restrictions are
insignificant. If a soil has more than one limitation, the priority is as follows: R, X, W, T, D, C, S, F, and N.
In this report, 'Slight', 'Moderate', and 'Severe' indicate the degree of the major soil limitations to be considered in
management.
EROSION HAZARD is the probability that damage will occur as a result of site preparation and cutting where the soil is
exposed along roads, skid trails, fire lanes, and log -handling areas. Woodlands that have been burned or
overgrazed are also subject to erosion. Ratings of the erosion hazard are based on the percent of the slope. A
rating of 'Slight' indicates that no particular prevention measures are needed under ordinary conditions. A rating of
' Moderate' indicates that erosion -control measures are needed in certain silvicultural activities. A rating of
' Severe' indicates that special precautions are needed to control erosion in most silvicultural activities.
EQUIPMENT LIMITATION reflects the characteristics and conditions of the soil that restrict use of the equipment
generally needed in woodland management or harvesting. The chief characteristics and conditions considered in the
ratings are slope, stones on the surface, rock outcrops, soil wetness, and texture of the surface layer. A rating of
' Slight' indicates that under normal conditions the kind of equipment or season of use is not significantly restricted
by soil factors. Soil wetness can restrict equipment use, but the wet period does not exceed 1 month. A rating of
• Moderate• indicates that equipment use is moderately restricted because of one or more soil factors. If the soil
is wet, the wetness restricts equipment use for a period of 1 to 3 months. A rating of 'Severe' indicates that
equipment use is severely restricted either as to the kind of equipment that can be used or the season of use. If the
soil is wet, the wetness restricts equipment use for more than 3 months.
SEEDLING MORTALITY refers to the death of naturally occurring or planted tree seedlings, as influenced by the
kinds of soil, soil wetness, or topographic conditions. The factors used in rating the soils for seedling mortality are
texture of the surface layer, depth to a seasonal high water table and the length of the period when the water table is
high, rock fragments in the surface layer, effective rooting depth, and slope aspect. A rating of 'Slight' indicates
that seedling mortality is not likely to be a problem under normal conditions. Expected mortality is less than 25
percent. A rating of 'Moderate' indicates that some problems from seedling mortality can be expected. Extra
precautions are advisable. Expected mortality is 25 to 50 percent. A rating cf "Severe' indicates that seedling
mortality is a serious problem. Extra precautions are important. Replanting may be necessary. Expected mortality
is more than 50 percent.
WINDTHROW HAZARD is the likelihood that trees will be uprooted by the wind because the soil is not deep enough for
adequate root anchorage. The main restrictions that affect rooting are a seasonal high water table and the depth to
bedrock, a fragipan, or other limiting layers. A rating of 'Slight' indicates that under normal conditions no trees are
U.S. DEPARTMENT OF AGRICULTURE
NATURAL RESOURCES CONSERVATION SERVICE
WOODLAND MANAGEMENT AND PRODUCTIVITY
PAGE 3 OF 3
05/2/00
Endnote -- WOODLAND MANAGEMENT AND PRODUCTIVITY --Continued
blown down by the wind. Strong winds may damage trees, but they do not uproot them. A rating of 'Moderate' indicates
that some trees can be blown down during periods when the soil is wet and winds are moderate or strong. A rating of
'Severe' indicates that many trees can be blown down during these periods.
PLANT COMPETITION ratings indicate the degree to which undesirable species are expected to invade and grow when
openings are made in the tree canopy. The main factors that affect plant competition are the depth to the water table
and the available water capacity. A rating of 'Slight' indicates that competition from undesirable plants is not
likely to prevent natural regeneration or suppress the more desirable species. Planted seedlings can become established
without undue competition. A rating of 'Moderate' indicates that competition may delay the establishment of desirable
species. Competition may hamper stand development, but it will not prevent the eventual development of fully stocked
stands. A rating of 'Severe' indicates that competition can be expected to prevent regeneration unless precautionary
measures are applied.
The potential productivity of merchantable or COMMON TREES on a soil is expressed as a site index and as a volume
number.
The SITE INDEX is the average height, in feet, that dominant and codominant trees of a given species attain in a
specified number of years. The site index applies to fully stocked, even -aged, unmanaged stands. Commonly grown trees
are those that woodland managers generally favor in intermediate or improvement cuttings. They are selected on
the basis of growth rate, quality, value, and marketability.
The VOLUME OF WOOD FIBER, a number, is the yield likely to be produced by the moE.t important trees. This number is
expressed as cubic meters per hectare per year, indicates the amount of wood fiber produced in a fully stocked, even -
aged stand. Cubic meters per hectare converts to cubic feet per acre per year as follows: (1 m3/ha = 14.3 ft3/ac). The
14.3 number is rounded up from 14.2999.
The TREES COMMONLY MANAGED FOR to plant are those that are suitable for commercial wood production.
• •
NONTECHNICAL SOILS DESCRIPTION REPORT
CSFS
1
Map 1 Soil name and description
Symbol 1
1
Utso-Rock Outcrop complex, 40 to 90 percent slopes
1
This map unit is on side slopes. This unit is 60
percent Utso channery loam, and 25 percent Rock outcrop.
The Utso soil is deep and well -drained. It formed in
colluvium derived dominantly from Green River shale.
The upper part of the surface layer is channery loam
about 4 inches thick. The lower part is very channery
loam about 7 inches thick. The underlying material to
a depth of 60 inches is very channery loam.
Permeability is moderately rapid. Available water
capacity is low. Effective rooting depth is 60 inches
or more. Runoff is rapid, and the hazard of water
erosion is very high.
Rock outcrop occurs on very steep slopes, canyon
1 slopes, cliffs, and steep mesa edges.
1
30 1 Debeque-Hesperus complex, 5 to 25 percent slopes
X(4. 1
This map unit is on benches, toe slopes, and small
fans. This unit is 40 percent Debeque very channery
loam and 35 percent Hesperus loam.
The Debeque soil is deep and well -drained. It formed
in colluvium and alluvium derived dominantly from the
Green River shale. The surface layer is very channery
loam about 7 inches thick. The underlying material to
1 a depth of 60 inches is very channery sandy loam.
Permeability is moderately rapid. Available water
1 capacity is very low. Effective rooting depth is 60
1 inches or more. Runoff is rapid, and the hazard of
water erosion is high.
1
• •
APPENDIX F
PROGRAM RMCRUZ4 05:19:52 06-11-1996
STAND: BEAR GULCH
PER ACRE STAND SUMMARY
SPRUCE, FIR, D. FIR
HEIGHT CLASS
DBH 20 30 40 50 60 70 80 90 100 110 120 TOTAL
STEMS 6 0 22 8 0 0 0 0 0 0 0 0 30
CUVOL 6 0 47 20 0 0 0 0 0 0 0 0 67
SCRIB 6 0 -24 3 0 0 0 0 0 0 0 0 -21
STEMS 8 0 0 5 10 6 0 0 0 0 0 0 20
CUVOL 8 0 0 23 63 37 0 0 0 0 0 0 123
SCRIB 8 0 0 59 190 103 0 0 0 0 0 0 352
STEMS 10 0 0 6 18 12 0 0 0 0 0 0 36
CUVOL10 0 0 53 206 159 0 0 0 0 0 0 418
SCRIB 10 0 0 189 772 616 0 0 0 0 0 0 1578
STEMS 12 0 0 3 5 19 2 2 0 0 0 0 30
CUVOL 12 0 0 26 71 332 52 53 0 0 0 0 533
SCRIB 12 0 0 96 283 1356 222 226 0 0 0 0 2183
STEMS 14 0 0 0 0 6 6 2 0 0 0 0 14
CUVOL14 0 0 0 0 173 195 53 0 0 0 0 421
SCRIB 14 0 0 0 0 750 863 233 0 0 0 0 1846
STEMS 16 0 0 0 0 4 1 0 0 0 0 0 5
CUVOL16 0 0 0 0 130 46 0 0 0 0 0 176
SCRIB 16 0 0 0 0 589 211 0 0 0 0 0 800
STEMS 18 0 0 0 0 0 2 0 0 0 0 0 2
CUVOL 18 0 0 0 0 0 96 0 0 0 0 0 96
SCRIB 18 0 0 0 0 0 450 0 0 0 0 0 450
STEMS 20 0 0 0 0 0 1 1 0 0 0 0 2
CUVOL 20 0 0 0 0 0 46 58 0 0 0 0 104
SCRIB 20 0 0 0 0 0 220 290 0 0 0 0 510
STEMS 28 0 0 0 0 0 0 0 0 0 0 0 0
CUVOL 28 0 0 0 0 0 0 50 0 0 0 0 50
SCRIB 28 0 0 0 0 0 0 287 0 0 0 0 287
TOTAL
STEMS 0 0 22 21 32 47 12 5 0 0 0 0 139
CUVOL 0 0 47 123 339 830 435 214 0 0 0 0 1988
SCRIB 0 0 -24 346 1245 3414 1965 1036 0 0 0 0 7984
STAND: BEAR GULCH
PER ACRE SUMMARY : STEMS BA DBH HT AGE
139 8510.6 58102
CRUISE SUMMARY: BAF USED= 20 POINTS SAMPLED= 12 AVG. # TREES/PT. = 4.3
NOTE: THIS CRUISE DOES NOT MEET TIMBER SALE ACCURACY STANDARDS
• •
APPENDIX G
SAMPLE
FOREST PRODUCTS SALES AGREEMENT
THIS AGREEMENT, made this day of , 19__, by and between
who resides at
whose place of business is
hereinafter referred to as the LANDOWNER, and phone , hereinafter referred to as the
PURCHASER.
AGENT DESIGNATION:
The Colorado State Forest Service, Grand Junction District, is designated as Sale Administrator for the
purposes of overseeing on-site logging operations, payments, and compliance with other contract
specifications, and has power-of-attorney for these purposes.
RIGHT TO SELL:
The LANDOWNER warrants that he/she is the owner of, and has the authority to sell the forest products
covered by this agreement from the property located at:
, section , township
range >
principal meridian, County, Colorado.
SALE LOCATION:
The boundaries of the sale area are marked as follows: Cutting units are marked with double blue
horizontal paint marks facing into cutting units, as set forth in Exhibit , which is attached hereto and
incorporated herein, the same as if set forth in full.
SALE PERIOD:
The effective dates of this agreement will be from to
inclusive, and may be extended by mutual agreement of both parties per AGREEMENT MODIFICATION
section.
ACCESS:
The LANDOWNER grants to the PURCHASER access to the above described property for the purposes
of this agreement. Access will be via
DESCRIPTION OF PRODUCT SOLD:
PRODUCT NUMBER SOLD UNIT UNIT PRICE PRODUCT VALUE
1
• •
TOTAL SALE VALUE $
PRODUCT DESIGNATION:
The products sold are designated in the following manner :
Any cutting outside the designated areas will constitute a breach of this agreement and will immediately
terminate this contract.
VOLUME DETERMINATION:
The sale volume is to be or has been determined in the following manner:
This is a lump sum sale.
There is no stated or implied guarantee of recovery by the PURCHASER. Volume determination was
done by the Colorado State Forest Service using accepted timber cruising techniques and tables for this
region. The cruise was done to a +/- 10% limit of error using standard statistical sampling techniques.
PAYMENT TERMS:
Prior to harvesting or removing any forest product from a cutting unit the PURCHASER shall pay for, in
advance, for the estimated volume in that unit at the agreed upon rate ($ ). Acceptable methods of
payment are cash, or certified funds.
All slash treatments and other provisions of this agreement will be fulfilled prior to the PURCHASER
receiving approval from the Sale Administrator to pay for and move into another cutting unit. In all cases
the PURCHASER shall pay for the estimated volume in each cutting unit prior to beginning cutting in that
unit.
The LANDOWNER guarantees the PURCHASER exclusive rights to the timber within designated cutting
units on the property described in Exhibit A, as long as the provisions of this agreement are being
followed.
PERFORMANCE BONDS:
A performance bond in the amount of ($ 10% of total sale value) shall be deposited by the PURCHASER
upon signing of this agreement. The bond shall be in the form of cash or certified funds. The bond shall
be used, in part or in full, to correct deficiency in any work not completed to agreement specifications.
The bond or its balance will be released to PURCHASER promptly upon satisfactory completion or
termination of this agreement.
DAMAGE PENALTY:
The PURCHASER shall conduct all operations in a workman -like manner, and shall take necessary
precautions to protect the remaining forest stand. Excessive damage to the remaining forest, as determined
2
• •
by the Sale Administrator, or the removal of undesignated products will be paid for at the rate of $10.00
per tree.
PRODUCT OWNERSHIP:
Change of ownership of the purchased products covered by this agreement occurs when logs leave the
LANDOWNER'S property.
PERFORMANCE STANDARDS:
Existing roads will be used whenever possible. Additional roads, skid trails, landings and decks that are
required will be approved in advance, and located, constructed, and rehabilitated as required by the sale
administrator. All roads and trails will be maintained by the PURCHASER in their original condition.
Care will be taken to maintain drainage necessary to prevent erosion prior to and during hauling of
products. All permanent improvements installed as a part of this agreement will remain the property of
the LANDOWNER.
Stumps will be cut as close to the ground as possible but in no circumstances will the stump height exceed
twelve inches as measured on the uphill side.
Slash shall be lopped and scattered to a height not to exceed 18 inches.
All forest products that are at least 10 feet long and 6 inches in diameter inside the bark on the small end,
and fifty percent sound shall be removed from the property by the PURCHASER.
The PURCHASER will take all necessary precautions to prevent damage to improvements on the property
of the LANDOWNER. If damage occurs to any improvement the PURCHASER will restore the
improvement to its original condition and will bear all costs associated with the repair.
The PURCHASER will exercise all possible precautions to prevent wildfire, and shall assist in the
suppression of any fire that is on or threatening the property of the LANDOWNER. During the fire season
the PURCHASER will have the following firefighting tools located on the sale site: one shovel for each
worker on the site, and one fire extinguisher for each chainsaw and motorized equipment on the site.
All motorized equipment will be equipped with an operational spark arrester. The PURCHASER shall
bear the cost of suppression and damages caused by fire starting as a result of any action of the
PURCHASER, including those of its employees, agents, contractors, and subcontractors.
The LANDOWNER may suspend or limit the harvest operation of the PURCHASER if excess damage is
occurring due to mud, snow, etc.
The PURCHASER will provide trash containers on each landing of the sale area. Trash will be kept
picked up at all times and hauled from the site on a weekly basis.
Operations begun on any cutting unit shall be completed in accordance with this agreement before cutting
may begin on another unit, unless such cutting is authorized in writing by the Sale Administrator.
3
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No oil, gas, or similar material shall be drained onto the ground. No oil, gas, or similar material shall be
drained within 100 feet of a live stream. No concentrations of logging equipment of any kind shall be
permitted within 100 feet of live streams.
Skidding
Gates entering the property shall be keptdClosed and
one only
upon written permission of the Sale Administrator.
locked at all times. No firearms shall be permitted on the property.
INHERENT DANGERS:
The LANDOWNER is informing the PURCHASER that the following physical hazards are located on the
property and may not be obvious:
SUBCONTRACTING:
This agreement, or any interest therein, may not be assigned by the PURCHASER without prior, written
consent of the LANDOWNER.
LAW COMPLIANCE:
The PURCHASER agrees to comply with all of the laws, rules, and regulations of the State of Colorado
and its subdivisions.
AGREEMENT TERMINATION:
This agreement may be terminated by mutual agreement of both parties or upon receipt of written notice
from the LANDOWNER to the PURCHASER for noncompliance by the PURCHASER. Specific
noncompliance items shall be listed in said written notice. All prepayments and products will revert to the
LANDOWNER.
AGREEMENT MODIFICATION:
This agreement may be modified in writing by mutual consent of both parties.
ARBITRATION CLAUSE:
In case of a dispute over the terms of this agreement both the LANDOWNER and the PURCHASER agree
to accept the decision of a three- person arbitration board as final. The LANDOWNER and the
PURCHASER will each select one person for the arbitration board, with the selected people selecting the
third person to form the board. Decision by majority of such arbitrators will be made within fifteen days
and shall be binding on the LANDOWNER and the PURCHASER.
HOLD HARMLESS:
The PURCHASER shall indemnify and save harmless the LANDOWNER against all suits or actions of
every kind and nature brought against the LANDOWNER for or on account of any injuries or damages
received or sustained by any person, firm, or corporation in connection with, or on account of, the
performance of the work under this agreement, or by any consequence of any negligence in connection
4
•
with the same, or on account of any act or omission or commission of the PURCHASER 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 agreement.
The LANDOWNER shall indemnify and save harmless the PURCHASER against all suits or actions of
every kind and nature brought against the PURCHASER for or on account of any injury or damage
received or sustained by any person, firm, or corporation in connection with, or on account of, the
performance of the LANDOWNER'S obligations under this agreement, or by any consequence of any
negligence in connection with the same, or on account of any act or omission or commission of the
LANDOWNER 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 agreement.
BINDING ON HEIRS:
The terms and conditions of this agreement shall be binding upon the heirs, executors, administrators, or
successors and assignee of either party.
LANDOWNER DATE
PURCHASER DATE
5
• APPENDIX H •
SERVICE AGREEMENT
THIS AGREEMENT, made this 25th day of May 2001, by and between Edward W. Roszyk, 536 N. 4"'. St.,
Grand Junction, CO 81501 (970) 256-1304, hereinafter referred to as the LANDOWNER, and the State Board of
Agriculture in behalf of the Colorado State Forest Service, Grand Junction District, hereinafter referred to as the
CONTRACTOR; and
WHEREAS, the CONTRACTOR has the expertise to provide forest practice services; and
WHEREAS, the LANDOWNER desires to implement forest practices described in this Agreement.
NOW, THEREFORE, it is hereby agreed that:
1. LANDOWNER warrants that he/she is the owner of the property described as follows, or has obtained authority
from the owner of said property to grant all rights to the CONTRACTOR provided for in this Agreement The property
is described as follows:
T. 5 S., R. 99 W., 6th. P.M.
Sec. 31: SE 14SW 1/4, S 1/2NE1/4SW 1/4, S 1/2i.SE1/4, S 1/2N 1/2SE1/4
Sec. 32: S1/2S1/2, S1/2N1/2S1/2
Sec. 33: SW 1/4SW 1/4, South Latitudinal 10 chains of lot 21
T. 6 S., R 100 W., th. P.M.
Sec. 1: NW1/4SW1/4
Sec. 2: Lot 5 (3.89 acres), Lot 6 (3.86 acres), Lot 7 (3.84 acres), Lot 8 (3.81 acres), N1/2S 1/2, SW 1/4SW 1/4
Sec. 3: Lot 5 (3.77 acres), Lot 6 (3.72 acres), Lot 7 (3.66 acres, Lot 8 (3.61 acres, S1/2
Sec. 10: All
Sec. 11: A11
Sec. 12: NW 1/4
2,510.16 acres, more or less. Commonly and hereafter refered to as "Bear Gulch".
2. LANDOWNER grants to CONTRACTOR the right of access to the above described property for the
following purposes:
To prepare and administer a timber sale by marking and traversing boundaries, marking individual
trees to harvest, cruising volume to +1- 20% accuracy, assisting with sale and contract preparation,
administering the sale contract specifications, and to prepare a detailed Timber Harvest Plan which
meets the requirements of the Garfield County Planning Department.
3. CONTRACTOR agrees to provide the services specified in Paragraph 2 of this Agreement in
consideration for:
Preparation of Timber Harvest Plan:
Sale preparation: Simper acre within sale area
Sale Administration:$01111/per hour for time spent on site.
1
•
Payment for Preparation of the Timber Harvest Plan will be due upon completion of the plan. Payment
for sale preparation will be due following completion of marking and cruising. Payment for sale
administration will be due upon completion of the timber sale.
4. It is understood between the LANDOWNER and the CONTRACTOR that this Agreement shall begin on the
date first above written, and shall remain in force until: December 31, 2002.
5. It is understood between the LANDOWNER and the CONTRACTOR that the LANDOWNER has sole
responsibility for ensuring that all sale areas are on the LANDOWNER'S property.
6. This Agreement may be terminated by either party ten (10) days following written notice to the other party.
7. CONTRACTOR may assign the rights provided for in this Agreement to a subcontractor of its choice without
obtaining the approval of the LANDOWNER
8. The CONTRACTOR shall maintain during the life of this Agreement such liability insurance as is required by
Colorado law.
he
NTRACTOR
o perform the work due to
9. This Aes beyond itssbe oreas mutuallyagreed to bnded due to inability ofy the LOAN O NE tand CONTRACTOR All extensions
circumstances beyond control
will be written and become a part of this Agreement.
10. Financial obligations of CSFS payable after the current fiscal year are contingent upon funds for that purpose
being appropriated, budgeted and otherwise made available.
11. The CONTRACTOR agrees as part of this Agreement that it will comply with all applicable laws regarding
discrimination on the basis of race, creed, color, sex, or handicap including but not limited to Executive Order 11246 as
amended or as may be further amended hereafter.
12. The laws of the state of Colorado and rules and regulations issued pursuant thereto shall be applied in the
interpretation, execution and enforcement of this Agreement.
13. The signatories hereto aver that they are familiar with 18-8-301, et. seq., (Bribery and Corrupt Influences) and
18-8-401, et. seq., (Abuse of Public Office), C.R.S. 1973, as amended, and that no violation of such provision is
present.
14. The signatories aver that to their knowledge no CSFS employee has any personal or beneficial interest
whatsoever in the services or property described herein.
IN WITNESS EREOF the arties hereto have executed this Agreement on the day first above written.
LANDOWNER Ed Ros
Colorado State Forest Service
Oi
2
•
Mesa County Department of Public Works
Engineering Division
750 Main Street • P.O. Box 20,000 • Grand Junction, Colorado 81502-5013 • Ph. (970) 244-1815
June 8, 2001
Mr. Kelly Rogers
Colorado State Forest Service
222 South 6th Street
Grand Junction, CO 81501
Subject: 45 Road
Dear Kelly:
Mesa County has no objection to the use of 45 Road, in the vicinity of the Town of DeBeque, as a haul
route for trucks transporting logs harvested in Garfield County. Our only requirement being that all loads
comply with legal load limits for weight and size.
Please call if 1 can be of further assistance.
Sincerely,
Louie Dorlac
Project Manager