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HomeMy WebLinkAbout2.0 Application 11.12.1996Dale APPLICA"1'I()N SP CIAL/C. US1:PERMIT November 12, 1996 Applicant: Colorado Timber and Land Company, RLLP and Meridian Trading International, Inc. Address of Applicant: Remington Square, Rifle, CO 81650 Special/Conditional Use: special usp to harvest. timbex Legal Description: See Attached Practical Description (location with respa:t to highways, county roads, and residences): 15 miles Northwest of DeBeque on Roan Creek Road, to Kimball Creek Road, up • Kimball Creek Road to Dale Albertson properties Requirements: 1. Plans and specifications for proposed use (hours of operation, number of vehicleslday, location and size of structures, etc.). 2. Existing or proposed method of .sewage, sourceofdisposal and water. Road access and other information deemed necessary 10 explain proposed use. '3. A vicinity neap drawn to scale depicting the subject property, location, and use of building and structures on adjacent. lots. 4. An impact statement 00 the proposal use where required by Sections 5.03-5.03.12 of Zoning Regulations. 5. A copy of Assessor's Illall showing properly; and a listing of all adjoining property owners of said property. 6. A base fee of $ 56.75:150 O shall be charged for each application and shall be submitted with the application, additional charges may be imposed if county review costs exceed the base Ice. 7. Attach a copy of proof- of ownership for your property (decd, title insurance). If public notice is required, notice provided by the Planning Department shall be sent out at least fifteen (1 5) days prior to hearing by return -receipt mail to all the above noted adjoining property owners. Mailing is the applicant's responsibility and proof of mailing must be presented at the hearing. Additionally, IIlesame notice shall be published one( 1) time in the official County newspaper at least fifteen (1 5) days prior to such hearing date. Applicant shall bear the cost of publication and 1)e responsible fol- presenting the "Proof. or Publication" at the hearing. The above information is corral to the best of my knowledge. The C,lorado Timber and Land Company, RLLP Applicant 1 Shirle Chavez, General Partner Township 7 South, Range 100 West, 6th P.M. G.M. No. 1 Placer Claim, embracing Lots 5,6 and 7 and the SE/4NE/4. Section 3 G.M. No. 2 Placer Claim, embracing Lots 8 and 11, and the E/2SE/4, Section 3 G.M. No. 3 Placer Claim, embracing the N/2NE/4, Section 10 G.M. No. 4 Placer Claim, embracing the NE/4NW/4, Section 10 G.M. No. 5 placer Claim, embracing Lots 7 and 8, and the S/2NW/4, Section 2 G.M. No. 6 Placer Claim, embracing Lots 5 and 6, and the S/2NE/4. Section 2 G.M. No. 7 Placer Claim, embracing Lots 7 and 8 and the S/2NW/4, Section 1 G.M. No. 8 Placer Claim, embracing Lots 5 and 6, and the S/2NE/4, Section 1 G.M. No. 9 Placer Claim, embracing the N/2NW/4, Section 11 G.M. No. 10 Placer Claim, embracing the N/2NE/4, Section 11 G.M. No. 11 Placer Claim, embracing the N/2NW/4, Section 12 G.M. No. 12 Placer Claim, embracing the N/2NE/4, Section 12 G.M. No. 13 Placer Claim, embracing the SE. Section 1 G.M. No. 14 Placer Claim, embracing the SW/4. Section 1 G.M. No. 15 Placer Claim, embracing the SE/4. Section 2 G.M. No. 16 Placer Claim, embracing the Sw/4, Section 2 Township 6 South Range 100 West, 6th P.M. G.M. No. 19 Placer Claim, embracing Lot 1, the NW/4NW/4 and the E/2NW/4, Section 34 G.M. No. 20 Placer Claim, embracing the NE/4. Section 34 G.M. No. 21 Placer Claim, embracing the NW/4, Section 35 G.M. No. 22 Placer Claim, embracing the NE/4, Section 35 G.M. No. 23 Placer Claim, embracing the NW/4, Section 36 G.M. No. 24 Placer Claim, embracing Lots 1 and 2, and the W/2NE/4, Section 36 G.M. No. 25 Placer Claim, embracing Lots 2,3 and 4 and the NE/4SW/4, Section 34 G.M. No. 26 Placer Claim, embracing Lot 5, E/2SE/4 and the NW/4SE/4, Section 34 G.M. No. 27 Placer Claim, embracing the SW/4, Section 35 G.M. No. 28 Placer Claim, embracing the SE/4, Section 35 G.M. No. 29 Placer Claim, embracing the SW/4, Section 36 G.M. No. 30 Placer Claim, embracing Lots 3 and 4, and the W/2SE/4, Section 36 PROPERTY OWNERS ADJACENT TO DALE ALBERTSON TIMBER LANDS Paul H. Mills and Julia Mills, Trustees Mills Family Trust Dated 7-27-90 24535 Overlake El Toro CA 92630 Standard Shale Products Company Robert Hardin Conoco Inc. 10 Desta Drive, Suite 100W Midland TX 79705 #10 Enterprises, LLC Paul R. Vahldiek, Jr. 1050 Wilcrest Drive Houston TX 77042 Kid Curry Inc. P.O. Box 88 DeBeque CO 81630 J.V. Dougherty, Jr. Harold C. Dougherty Elizabeth Stuller Anna J. Hinchman Martha R. Baker Curtis L. Franklin Anita K. Urbanich Lawrence E. Crandall Shirley N. Pellett Karen J. Woolridge % Elizabeth Stuller RR 2, Box 2270 Grand Junction CO 81505 John Lamicq, Jr. and Joan Lamicq 635 19 1/2 Road Grand Junction CO 81503 Todd B. Brackett and Tracy K. Brackett 16602 County Road 204 DeBeque CO 81630 Bureau of Land Management 2850 Youngfield Street Lakewood CO 80215 7imber Lst ,moo �� Li i as co 0 i3 0 0 0 • 14Wil 0 0 -44 g i+ a 00 b 0 0 14 a 44 y) v,o ro 71 .4q ID g. a) ii .c.41` 14 m0.1 GO o tit u o 0 0 It; inai odi 14 w 0 a o .4 •0 m r 4. :.t.. Osi « d y yhi W M O a v P] 0 FCg w v 0 F' 115 it 70 01. ca .. 0r -II 1 -ii '0 ° 'm o M >~ in,>q 0 . O40.m5§z • A,6 o toro•z 0 •A c • to NP mw•'� •• O 0U w }� [4 o li 1lc,-c� m c. o p, C., {{ tr 0 7.� 0 04 rppt P. wA t'i'p ,-0a-1l 0 t7 • Id U 0 wti•• •0 W- O c7 •. L3 td G7 .'�0 �'.-1 0 m Ti rte+ 2 _Eil' %ZI A " c 0 0 4 .. o `it' m1:$ r4 ro .D t; z •`'1m • m 0 • • O • «I �t •Z C3 w• 'C7 � Wo38 4'mtt177 �j w O.20 t0 Iw s.7 fa Lt el rlrl 0A • Doti ci g w • •(-5Q W WWW lA • 174 z 0 5 0os04zz• dP 58 d w y.0 0p � MPI 0. .P8 • •A.80A 0 x° v 11 .I4 s: s. x, oe cma:d �40ov . T•7So, R.3.00 i1 0 U • 0 BI!Fri.AU L A ND `i;iNAGE HE Ni 1HASi IC I J, D. 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R -k : ns nm a) �P.: o ca 0 0 7a R. o i�. a7 .p �, cC �y bD F k O a 0 rs.L Bn, y. .M a aa as 3 kQd o 0 pa) w +O Nx i .0 Ye 7•0 • 44 '00 .0 vi 40 10 0 0e. .m , P.1 .4 _• , 'O P.CO 0 d S 0« a aC w C.,' T.44 0 E 45 En as u CV ca4 '�' t' cal a) Ts 1 Fe 4 CO. y, .A S. p 0 .w y. p'o -1 .4 0p g d a: ON t4 o a 01 0 G ik y7 CR EA O y.a 0 p s. ' fl O Zi 0 FTy aa) # U1 cEn Liol �" •i H 0 0 - a� 0•0 9 'F0 03 with such water rights as may be recognized and acknowledged by the local laws, customs, and decisions of th+ courts. And there is reserved from the lands hereby granted a right-of-way thereon strutted by the authority of the United States. FOURTH. That in the absence of necessary legislation by„ Congress, the Legislature may provide rules for working the mining claim or premises hereby granted, involving other necessarymeans to the complete development thereof. AGREEMENT This Agreement, dated effective this _ /Slay of a& be de. , 1996, is by and between. the COLORADO TIMBER AND LAND COMPANY, RLLP,, A Registered Limited Liability Partnership and MERIDIAN TRADING INTERNATIONAL CORPORATION, an Oregon Corporation., (CTLC AND MERIDIAN) AND ALBERTSON RANCH CO A Colorado Limited Partnership and KIlv.IBALL MOUNTAIN OUTFITTERS_ A Colorado Limited Liability Company (ALBERTSON AND KIMBALL MT.) RECITALS A) CTLC and Meridian are interested in buying standing timber. B) Albertson and Kimball are interested in selling standing timber. AGREEMENT For good, and valuable consideration, the sufficiency ofwhich is hereby acknowledged, the parties agree as follows: 1) Albertson and Kimball have title to timber in the following parcels: See Exhibit "A" Attached Hereto and Made a Part Hereof 2) Albertson willacquire a written agreement from Harold Dougherty for commercial access across Douaberty lands for removal of timber from Colorado Carbon Company Tract, If there should be any expense to acquire this RAV, Albertson/Kimball is to be responsible for that expense. Seller warrants marketable title to all timber to be cut or removed pursuant to this contract, and covenants and agrees that he has full right, title, and authority to grant Buyer the right and privilege of entering into and upon the. read property herein described for the purpose of cutting and removing the timber thereon, that the legal description is accurate and correct., and that he has full right, title and authority, to sell the timber to the Buyer free and clear of any claims and demands of any third party whomsoever. Buyer shall have the right of ingress and egress over roads which presently exist on Seller's property as necessary for the harvesting and removal of timber. 3) CTLC and Meridian agree to obtain all necessary permits and grants of right; of way to use any governmental rights of way for the removal of the aforementioned timber. CTLC and Meridian will pay all governmental use fees in conjunction with any removals of the timber by CTLC and Meridian. Albertson agrees to assist in locating known corners necessary for CTLC and Meridian to identify property lines. 4) CTLC and Meridian agree to pay a fee of $50,000.00 (fifty thousand) as ;an advance deposit prior to start of logging operations. These monies will be placed in an interest bearing account with any accumulating interest to be credited to Albertson_ This fee will be covered by the granting of a timber deed which will be i.nt effect for a period of three yeirs from the date of this Agreement_ The expiration date of this contract shall be Thbeet /-17, /?9F, provided, however, that if said timber cannot be removed from Seller's land due to a cause beyond the reasonable control of the Buyer, Seller agrees to extend the period of this contract for a period at least equal to the tine lost from said cause. This fee will act as a performance bond to cover payments, all contractual logging requirements and other mutually agreed upon contracting agreements. A minimum of 515,000 of this performance bond will be left in place until all obligations have been completed Albertson/Kimball can have access to the remaining 535,000.00 once logging operations have commenced_ If all or part of the $35,000.00 is drawn by Albertson/Kimball, payments of $1,750.00 per pay period will be withheld each pay peri.bd from Albertson/Kimball proceeds until the amount drawn down has been repaid. Page 1 of 8 E0'd S822,976 0.L '0NI `0J 01 JNId33?1)100a woad WdES:ET 966T -ST -TT 5) An escalating clause will be made part of the contract stipulating that if the price of logs to Louisiana Pacific, Saratoga, Wyoming, has an increase, 80% of that increase will be passed on ; to ALBERTSON/KIMBALL and 20% will be passed on to CTLC/MERIDIAN. Escalating price shall be determined on a quarterly basis, with exceptions being during major market changes within the quarter. Major change is initiated when the market has risen $2.00/ton or more. The escalating clause applies regardless of the fel destination of the logs when; sold, but will still use as the base price the original Louisiana Pacific price of logs that was established at the time this contract was signed.. 6) Addendurn.s "A" and "B" attached and made a part of this Agreement details the terms of payment, stumpage amount, logging, slash disposal and other pertinent contract items. 7) CTLC/MERJDLAN and ALBERTSON/KEMBALL shall each be responsible for their own income taxa use taxes or any other tax due governmental entities_ 8) This Agreement shall be governed by and construed in accordance with the laws of the State of Colorado. The parties agree that if problems develop that cannot be resolved by mutual agreement, then each party shall pick independent representatives to attempt to reach agreement prior to filing formal legal action. 9) The prevailing party in any suit to enforce this Agreement and all appeals therefrom shall be entitled to recover its reasonable costs and expenses, including attorneys' fees occurred in such action, The parties agree that under this Agreement, consideration flows from each party to the other. 10) Access to timber which lies in Sections 28, 29, 30 and 31 of T6S R 100 W will require access through property presently owned by John Larnicq, 635 19 1/2 Road, Grand Junction, Colorado. Albertson agrees to negotiate with Lamicq to obtain right-of-way across his property; but, if unable to successfully obtain permission, .Albertson agrees to the costs of any access road thropgh the Bureau of Land Management lands adjacent to Lamicq lands to be;paid out of stumpage. Pale 2 of S 20'd S8LLS176 Ol ONI `OO Ol 9NIdEENN00S WOd.d Wd£S:E.T 966ti-ST-TI ADDENDUM "A" CAT LOGGING a) Logging to commence /11�4tJ , /� , 1996, or as soon thereafter as Governmental permit's and BJW's are in place. Cat logging will include harvesting of up to approximately 4 million board feet. b) Cat logging will be the preferred method of timber removal whenever and wherever feasible on 'all parcels_ c) Stumpage to be paid according to the following: Payments toAlbertson/Kimball will be paid bi-monthly on the 15th, and 30th of each month in which operations are being conducted. Operations are to be continuous once started, with the exception of months when inclimate weather, unsafe conditions or potenti .l road damage may result_ Carbon Ground logging (both cat and high line) to be as short a duration as possible. HIGH LINE LOGGING a) High line logging will include harvesting of approximately 6 to 8 million board feet b) Stumpage to be paid according to the following: Payments to Albertson/Kimball will be .paid bi-monthly on the 15ttz ana iutn ox each month in which; operations are being conducted. Operations ale to be continuous once started, with the exception of months when inclimate weather, unsafe conditions or potential road damage may result Page 6 of LO'd S8LLSt5 Ol 'DNI '09 Ol 9NId3ENN00S WOJd WdSS:ET 9552 -ST -TT ADDENDUM NDUM "8" 1. Certain trees narked by the Seller shall be left standing. 2. Any notice or demand required:Ot permitted to be given or made under the terms of this contract shall be deemed to havebeen duly given or made if deposited in the United States Mail jin a sealed envelope, postage pre -paid, respectively addressed as follows: To Seller: To Buyer: .Albertson and Kimball Mt. C/O Dale B. Albertson 5466 County Road 202 De Beque, CO 81630 Colorado Timber and Land Company, RLLP P. O. Box 431 , Rifle, Colorado $1650 The following conditions are incorporated into this contract: a) f Stumps will be left 12 inches or less in height. . b) Buyer shall repair any damages from logging operations to fences, gates and structures. c) f Seller agrees to notify Buyer prior to any sale of any portion of the property described in Exhibit "A" and said sale is subject to this agreement_ d) This contract may not be assigned by either Seller or Buyer without prior written approval of the other party. e) Contractor's will carry Workman Compensation insurance, and General Liability insurance, A copy of which will be provided to Seller. f) Buyer will pile all landing slash, slash piles will be burned when suitable, about one year afier piling. All roads and landings constructed by Buyer will be sprayed for weed control and reseeded with grass mixture approved by Albertson and/or the Soil Conservation District. h) Log trucks and other traffic associated with this contract will observe all posted speed limits signs on Kimball Creek and Roan Creek roads. 4. "Merc)antable timber" as used in. this contract shall mean that timber which is 8' 10" in length or more, 8" in diameter on the small end, and 50% or more sound, either living or dead, falling or down, which at the time of conversion into a wood product in the woods is, in the opinion of the Buyer, economically loggable. 5. The eXpiration date of this contract shall be c iie,rz. is—, /999 provided, however, that if said timber cannot be removed from Seller's land due to a cause beyond the reasonable control of the Buyer, :Seiler agrees to extend the period of this contract for a period at least equal to the time lost from said cause_ 6. The rdad to be constructed for access to Kimball Mtn. from Kimball Creek through Sections 1, 2? and 3, T 7 5, R 99 W, shall have a nominal grade of 10% with short occa.sional pitches of'1up to 15%. These expenses are to be paid by CLTC/MEREDIAN with a cap of $50,000_ : Any additional expense incurred as a result ',of this road will be paid out of the stuFnp4ge. Page 7 of 8 80'd d S322.,S17.6 Ol ' ON I '09 0'i 9N I d99>1>i0OS WOdd Wd90 : E T 9661 -ST -T T So 'd 7J101 i • 7_ Logs g operations will be in an orderly and progressive manner, exercising all reaso b1e protection to young g rowth and the surrounding environment_ No hinting by CLTUMERIDIAN employees, subcontractors or service personnel will be permitted. 9. Trees will be hauled and weight taken promptly after cutting. 10. It is further expressly understood and agreed that all the covenants and agreements in this contract contained shall extend to and be binding upon, the heirs, executors, legal representatives and assigns of the respective parties hereto. 1 l HOLD HARMLESS The Buyer shall indemnify and save harmless the Seller against all suits or actions of every kindand nature brought against the Seller for or on account of any injuries or damages received or sustained by any person, firm, or corporation in cormektion with, or on account of the performance of the work under this contract • or by any consequence of any negligence in connection with the same or on account of any act or omission or commission of the Buyer or his subcontractors, agents, servants, or employees, relating to this contract, The Seller shall indemnify and save harmless the Buyer against all suits or actions of every kind and nature brought against the Buyer for or on account of any injury or damage received or sustained by any person, firm, or corporation n connection with, or on account of the performance of the Seller's obligations under thils contract, or by any consequence of any negligence in connection with the same, or ori account of any act or omission, or commission of the seller or his subcontractors, agents, servants, or employees, or for any cause arising out of the performance of the subcontractors, agents,' servants, or employees relating to this contract. Page 8 of 8 s;O ' d S82,LStr6 0! 'DWI `00 0! 9N I =?i>lD0S Wald Wdl ' : EZ 966T -ST -TT AGREEMENT ALBERTSON RANCH CO., a Colorado Limited Partnership By: M Dale E. Albertson, General Partner KIMBALL MOUNTAIN OUTFITTERS LLP, a Limited Liability Partnership `Dale B. Albertson, General Partner COLORADO TIMBER AND LAND COMPANY, RLLP, Kenneth Roberts_ General Partner IN. WITNESS WUEREOF, Uwe have hereunto affixed uyfour hand(s) and seal this t DAY OF Ok O +. r • , 1996. STATE OF COLORADO, COUNTY OF GARFIELD I : 4 c,1 . a Notary Public and and for the State of Colorado, do hereby certify that Dale B. Albertson, a .party or parties to a certain Agreement bearing the date of aL.. Pf 1996 and hereunto annesed, personally well known to me as the person who executed said agreezn acknowledged the same to be his act and deed. Given under my hand and seal this / ma day of Q , 1996. MY COMMISSION E'PIR.ES: STATE OF COLORADO, COUNTY OF GARFIELD NOTARY PUBLIC 1 , a Notary Public and and for the State of Colorado, do hereby certify that Kenneth D. Roberts, a party or parties to a certain Agreement bearing the date of r),-1-4„.___ i 1996 and hereunto annescd, personally well known to nae as the person who executed said agreement and acknowledged the same to be his act and deed. Given under my hand and seal this /. -411 dad- of • . 1996. MY CO/VIMISSION EXPIRES: NOTARY PUBLIC IN WITNESS WHEREOF, 1/we have hereunto affixed inti/our hand(s) and seal this DAY OF 1996 MERIDIAN TRADING INTERNATIONAL CORPORATION, An Oregon Corporation By' James D. Criswell, Vice President STATE OP COLORADO, COUNTY OF GARFIELD I a Notary Public and and for the State of Colorado, do hereby certify that lames D. Criswell, a party or parties to a certain Agreement bearing the date of 1996 and hereunto annesed, personally well known to me as the person who executed said agreement and acknowledged the same to be his act and deed. Given under my hand and seal this day of , 1996. • MY COMMISSION EXPIRES: NOTARY PUBLIC Page 3 of S V0 ' d SSLLSP6 Ol '311I `00 Ol 9N I d33?1?100E WOdd Wdt72: ET 966T -ST -TT EXHIBIT "A" STUMPAGE TIMBER SALE AGREEIVBENT LEGAL DESCRIPTION OF REAL PROPERTY. Attached to F.nd made a part of the Agreement dated liOc� R f. , 1996 between Colorado T=tuber and Land Company and Meridian Trading_ International Corporation AND Albertson Ranch Co. and Kimball Mountain Outfitters Township 7 South. Range 10.9 West, 6th P.M. G.M. No. 1 Placer Claire, embracing Lots 5,6 and 7 and the SE 1/4 NE 1/4, Section 3; G.M. No. 2 Placer Claim, embracing Lots 8 and 11, and the E 1/2 SE 1/4; Section 3; G.M. No. 3 Placer Claim, embracing the N 1/2 NE 1/4, Section 10; G.M. No. 4 Placer Claim, embracing the NE 1/4 NW 114, Section 10; am. No. 5 Placer Claim, embracing Lots 7 and 8. and the S 1/2 NW 1/4, Section 2; G.M_ No. 6 Placer Claim, embracing Lots 5 and 6. and the S 1/2 NE 1/4, Section 2; G.M. No. 7 Placer Claim, embracing Lots 7 and 8 and the S 1/2 NW 114, Section 1; G.M. No. 8 Placer Claim, embracing Lots 5 and 6, and. the S 1/2 NE 1/4, Section 1; G.M. No. 9 Placer Claim, embracing the N 1/2 NW 1/4, Section 11; G.M. No. 10 Placer Claim, embracing the N 1/2 NE 114, Section 11; G.M. No. 11 Placer Claire, embracing the N 1/2 NW1/4, Section 12; G.M. No. 12 Placer Claim. embracing the N 1/2 NE I/4, Section 12; G.M. No. 13 Placer Claim, embracing the SE 1/4, Section 1; G.M. No. 14 Placer Claim, embracing the SW 1/4. Section 1; G.M. No, 15 Placer Claim, embracing the SE 1/4, Section 2; G.114. No. 16 Placer Claim, embracing the SW 1/4, Section 2; TOWNSHIP 6 SOUTH, RANGE 100 WEST, .6TH_P.M. G.M. No. 19 Placer Claim, embracing Lot 1, the NW 1/4 NW1/4 and the E 1/2 NW 114, Section 34; G.M. No_ 20 Placer Claim, embracing the NE 1/4. Section 34; G.M. No. 21 Placer Claim, embracing the NE 1/4. Section 35; G.M. No. 22 Placer Claim, embracing the NE 1/4. Section 35; G.M. No_ 23 Placer Claim, embracing the NW 1/4. Section 36; G.M. No. 24 Placer Claim, embracing Lots 1 and 2, and the W 1/2 NE 1/4. Section 36; Page 4 of 8 SO'd 5822,S1'6 01 'ONI `00 01 9NId8371>100a W02Id NdDS:ET 9E6T-ST-TT G.M, No. 25 Placer Claim, embracing Lots 2, 3 and 4, and the NE 114 SW 1/4, Section 34; G.M. No. 26 Placer Claim, Section 34; G.M. No. 27 Placer Claim, G.M. No. 28 Placer Claim, G.M. No, 29 Placer CIaim, GM, No, 30 Placer Claim, G.M. No. 31 Placer Claim, Section 29; G.M. No. 32 Placer Claim, G.M. No. 33 Placer Claire, Section 32; G.M. No. 34 Placer Claim, G.M. No, 35 Placer Claim, Containing 4,683.29 Acres embracing Lot 5, the E 1/2 SE 1/4 and the NW 1/4, SE 1/4 embracing the SW 1/4, Section 35; embracing the SE 114, Section 35; embracing the SW 1/4, Section 36; embracing Lots 3 and 4, and the W 1/2 SE 1/4, Section 36; embracing Lot 9, the E 1/2 SE 1/4 and the NW 114, SE 1/4 embracing Lots 8 and 9, and the W 1/2 SW 1/4, Section 28; embracing Lots 1, 4, and 5, and the NE 1/4 NE 1(4, embracing Lots 1 and 2, and the N 1/2 NW 1/4, Section 33; embracing Lots 3 and 4, and the N 1/2 NE 114, Section 33; CUDDY TRACT TOWNSFIIP 6 SOUTH,. RANGE 100 WEST OF TI -IE SIXTH P.M. Section 30: Lots 7 and 8 Section 31: Lots 5, 6, 7, 8, 9, E 1/2 NW 1/4, E 1/2 SW 114, NW 1/4 SE 1/4 Containing 425.21 acres, more or less. COLORADO CARBON COMPANY TRACT Tract 51 in Townships 6 and 7 South, Range 100 West of the 6th P.M., according to the Independent Resurvey of said Townships approved and accepted on January 23, 1928; also described as the NW 1/4, SW 1/4 Section 32, Township 6 South, Range 100 West of the 6th P.M,, and NW 1/4, SW 1/4, SE 1/4 Section 5; NE 1/4, SE 1/4 Section 6, all of Section 7; NW 1/4 Section 8, Township 7 South, Range 100 West of the 6th P.M. , containing 1899 acres, more or less. 9@'d S82.,LSfr6 Page 5 or 8 dl 'JNI `09 Ol 9NId33>1>10DJ woad WdSS:ET 9662 -ST -TT INDUSTRIAL OPERATIONS PLAN LOGGING A COMBINATION OF THE TRACTOR AND HIGHLEAD (CABLE) LOGGING METHODS WILL BE USED TO HARVEST THE KIMBALL MOUNTAIN TIMBER ON THE DALE ALBERTSON RANCH. THE EXACT AREAS TO BE LOGGED AND THE METHODS TO BE USED IS OUTLINED IN APPENDIX "A" MAP AND APPENDIX "B" AERIAL PHOTOS OF THIS PLAN. THIS WILL BE A THREE YEAR PROJECT AND BE ACTIVE FOR 8-9 MONTHS PER YEAR. THE ACTIVITY WILL BE LIMITED TO THOSE MONTHS OF THE YEAR WHEN THE OPERATION CAN BE E}F'ICIENTY LOGGED. THIS EFFICIENCY WILL BE DE I'ERM]NED BY TWO FACTORS, NAMELY, (1) SOIL COMPACTION IN THE LOGGING AREA AND (2) DEGREDATION TO THE EXISTING ROAD SYSTEM. WHEN EITHER OF THE AFOREMENTIONED FACTORS ARE EXISTANT THE OPERATION WILL BE SUSPENDED UNTIL THE CONDITIONS WARRANT THE RESUMPTION OF OPERATIONS. ROAD CONSTRUCTION THE ROAD CONSTRUCTION ON THE LOGGING PROJECT WILL CONSIST OF THREE TYPES: (1) OPENING OF EXISTING ROADS, (2) CONSTRUCTION OF MINIMAL IMPACT LOGGING SPURS, AND THE CONSTRUCTION OF A NEW ROAD AS OUTLINED IN EXHIBIT "C". ALL LOGGING SPURS, FRESH MATERIAL DISPLACEMENT ON THE OPENING OF EXISTING ROADS, LOGGING LANDINGS WR L BE PUT TO "BED" UPON THE COMPLETION OF THEIR RESPECTIVE USAGE. THIS WILL BE ACCOMPLISHED THROUGH A SYSTEM OF WAIE,RBARRING AND GRASS SEEDING TO ENSURE THAT EROSION DOES NOT OCCUR . DURING THE PROCESS OF CONTRUCTION, IF IT BECOMES NECESSARY TO CROSS A LIVE STREAM, A CULVERT WILL BE PERMANENTLY INSTALLED IN A MANNER WHICH IS CONSISTANT WITH MINIMAL SOIL DISTURBANCE TO THE BANKS OF THE STREAM AT THE POINT OF INGRESS AND EGRESS. IN AREAS THAT ALREADY SHOW INDICATIONS OF DEEP WASHING OR A CONDITION OF EXISTING EROSION, A 1 EMPORARY"RAILCAR" BRIDGE SYSTEM WILL BE USED AT EACH INDICATED CROSSING. THIS SYSTEM WILL MINIMIZE ANY FURTHER IMPACT ON THE EXISTING ENVIRONMENT AND CURRENT STREAM CONFIGURATION. IMPACTS STREAM PRO 1'ECTION: IN ADDITION TO THE ABOVE OUTLINED ROAD AND LOGGING PROCEDURES, NO TIMBER WILL BE REMOVED WITHIN 50 FEET EITHER SIDE OF A LIVE (YEAR ROUND) STREAM. IN THOSE STREAMS WITH INTERMITANT FLOW OR EROSION CAPABILITIES , THE LOGGING WILL BE LIMITED TO A FORTY PERCENT BASAL AREA REMOVAL INCLUDING BASAL AREA REMOVED DURING ROAD CONSTRUCTION. IN THESE CASES TIMBER TO BE REMOVED WILL BE MARKED AT BREAST HEIGHT AND ON THE STUMP PRIOR TO HARVEST. ADJACENT LANDS: THERE WILL BE NO IMPACT ON ADJACENT LANDS BY THE GENERATION OF VAPOR, NOISE, GLARE, VIBRATION, OR OTHER EMINATIONS. THE ONLY FORSEEN IMPACT WILL BE OF DUST FROM LOGGING TRUCKS ON THE MAIN HAUL ROUTES. THE MAXIMUM IMPACT FOR TRAVEL WOULD BE 12 ROUND TRIPS PER DAY ON A SIX DAY WEEK. WILDLIIE AND DOMESTIC ANIMALS: ALTHOUGH THERE WILL SOME SHORT DURATION DISRUPTION IN SMALL AREAS, THE OVERALL EFFECT WILL BE MITIGATED BY THE GRASS SEEDING AND RELEASE OF NATIVE VEGETATION TO INCREASE THE AMOUNT OF "GROUSE" FOR WILDLIFE AND GRASS FOR DOMESTIC ANIMALS. TRAFFIC: A MAXIMUM OF 12 ROUND TRIPS PER DAY OF HIGHWAY I .FGAL LOG TRUCKS PLUS THREE PICKUP TRUCKS PER DAY. THIS WILL BE MAINLY MONDAY THROUGH FRIDAY, WITH SOME LESSOR ACTIVITY ON SATURDAY. ABUTTING PROPERTY: ALL LINES WILL BE ESTABLISHED PRIOR TO WORK IN ANY GIVEN AREA OF OPERATIONS. ALL USE OF ROADS ON ADJACENT LANDOWNERS WILL BE IN WITING AND OBTAINED PRIOR TO THE START OF OPERATIONS AFFECTING THAT PARTICULAR ROAD SYS 1'EM. INDUSTRIAL PERFORMANCE STANDARDS THE OPERATIONS WILL BE CONDUC 1'ED IN A MANNER THAT WILL BE CONSISTANT WITH ALL COUNTY, STATE AND FEDERAL STATUTES IN FORCE DURING THE TERM OF THIS OPERATION. THE CONTRACTORS ON THE AREA AND USING ANY GOVERNMENTAL ROAD WILL BE REQUIRED TO CARRY CONVENTIAL LOGGERS BROADFORM INSURANCE TO COVER ALL LIABILITY THAT COULD DERIVE FROM THIS OPERATION. A COPY OF THIS WILL BE FURNISHED THE APPROPRIATE AGENCIES PRIOR TO THE COMMENCEMENT OF THE OPERATION. THE BURNING OF LOGGING SLASH ON THE LANDINGS OF THE OPERATIONS AREA IS THE ONLY EMMISION OR PARTICULATE MATTER THAT IS ENVISIONED ON THE OPERATION. BURNING WILL OCCUR PERIODICALLY WHEN WEATHER CONDITIONS ALLOW THE MINIMAL AMOUNT OF SMOKE AND INSURE A SAFE CONDITION FOR THE SURROUNDING FOREST RESOURSE. FUEL STORAGE WILL BE LIMITED ON THE OPERATION AREA TO 300 GALLONS AT ANY ONE TIME. THE AREA DESIGNATED FOR FUEL STORAGE WILL BE A LINED PIT STRUCTURE CAPABLE OF ELIMINATING SOIL CONTAMINATION. ALL REFUSE THAT IS A RESULT OF THE OPERATION AND IS GENERATED FROM THE OPERATION WILL BE PICKED UP AND DISPOSED OF OFF THE OPERATIONS AREA IN AN APPROPRIA I'h EXISTING SANITARY DISPOSAL SIIE. APPENDIX B AERIAL PHOTOS DEPICTING LOGGING UNITS AND ROAD USAGE ON THE SALE AREA.