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Home My WebLink About01.02 CR 317Sep -25-98 10:37A J. L. Obourn, Jr. & Co. 303 771 7085 P.02 SEP -24-98 10:08 From:CLANAHAN TANNER DOWNING 6 KNOWLTON 3038300299 1—U x.0004 goo—tin LETTER AGREEMENT September 15, 1998 Mr. Edward J. Green County Administrator Garfield County 109 6tn Street, Suite 300 Glenwood Springs, Colorado 81601 Re: CR 317 Road Improvement from Station 116+00 (Dorrell Ranch) to Station 58+00 (Lucky 13 Ranch) Dear Mr. Green: At the September 8, 1998 Garfield County Commissioners meeting, representatives of Wildhorse Energy Partners, LLC ("Wildhorse") proposed a road improvement plan for the captioned section of County Road 317, being approximately 5,800 feet in length (the "Road Improvement"), This plan, referred to in the meeting as "Proposal 1", is based upon additional geotechnical testing by CTL Thompson and revised traffic studies by Wildhorse for year's 1999 and 2000 projected drilling activity. As recognized by the Commissioners at the 6eptember 8 meeting, traffic volume for the next 5 years cannot be accurately projected; therefore, the amount of material needed to create an all season road is unclear. In an effort to satisfy (i) the Commissioner's intent of an all season road, (ii) affected residents concerns of a narrower road, (iii) the City of Rifle's concern of increased turbity in Beaver Creek due to excavation of this portion of road, and (iv) the uncertainty of the amount of material necessary to create an all season road, Wildhorse proposes the following plan for the Road Improvement: 1. Wildhorse will install 6" of Class 6 road base on the existing driving surface and compact to 95%. Road base will be graded at 2% toward the existing bar ditch. 2. Wildhors.e will maintain this portion of road for a total of 5 years from the date of this agreement. Maintenance of this portion of the road will be at the direction of the Garfield County Road & Bridge Department. (Portions of CR 317 immediately North and South that Wildhorse previously upgraded will retain a 2 -year maintenance period as originally agreed) 3. Wildhorse's maintenance obligation will cover any areas within this porton of CR 317 that over time reveal soft spots, wash board, wash out, or do not meet Garfield (."4=8. Sep -25-98 10:37A J. L. Obourn, Jr. & Co. 303 771 7085 P.03 SEP -24-98 10:08 Froe:CLANAHAN TANNER 0081ING l KNOWLTON 3038300299 T-225 P.03/04 Job -118 County Administrator Edward J. Green September 15, 1998 Page 2 County standards for roads of this nature and use. 4. Wildhorse's maintenance obligation will not include snow removal or catastrophic failure due to an act of nature or criminal destruction or routine ditch and culvert cleaning that have historically been performed by and will continue to be performed by Garfield County. 5. Representatives of Wllonorse and Garfield County will meet and review the extent and cost of maintenance to this portion of CR 317 on or before September 15, 2000. During such meeting, Garfield County will elect either of the following options: a) continue with the remaining 3 years of maintenance by Wildhorse, or b) require the installation of 8" of a pit run grade material covered with 6" of Class 6 road base to correct poor road performance in specific areas identified by Garfield County.Q cL-4'-C f 1/° ZI. C 11n the vent optlpn b) is s r~ted, Wil orse v4 of be r.,• uir=d to = ntain"the ' exist rbed width nd ny c ntinu d ain nan obli t ation for t - p • RI • of road 1'1 covered by -option b)vshall cea e. 6. Maintenance activity shall follow the proscribed sequence: a) Garfield County Road and Bridge representatives will identify areas in need of maintenance and notify Wildhorse in writing or by facsimile of the problem. b) Garfield County Road and Bridge will dispatch a contractor or staff to evaluate corrective action and estimate the cost of corrective action. c) Witdhorse will review and comment upon Garfield County's estimate and advise the county whether to proceed with corrective action or, at Wildhorse's option. dispatch a Wildhorse contractor to perform the work. d) All maintenance costs will be paid by Wildhorse. e) Repairs that are deemed to be of an emergency nature by Garfield County Road and Bridge, shall not be subject to Wildhorse's review end shall be paid for by Wildhorse provided such costs are reasonable and necessary for such emergency_ When such emergency has been abated, costs incurred will be subject to notice and review by Wildhorse as set forth in subsections a) through d) above. The County shall notify Wildhorse of emergencies as soon as possible. Sep -25-98 10:37A J. L. Obourn, Jr_ & Co_ 303 771 7085 P_04 SEP -24-98 10:09 F,u.:CLANANAN TANNER DONNING i KNOWLTON 3038300299 T-225 P.04/04 Job -l18 County Administrator Edward J. Green September 15, 1998 Page 3 7. Contact information for the parties herein: Wildhorse Energy Partners, LLC C/o KN Energy, Inc. 1879 CR 264 P. O. Box 1928 Rifle, Colorado 81850 (970) 625-3406 (970) 625-5089 fax Garfield County Road and Bridge 1015 School Street P. O. Box 2254 Glenwood Springs, Colorado 81602 (970) 945-6111 (970) 945-0934 fax 8. This agreement shall be binding upon tha heirs, successors and assigns of the parties herein_ Should this agreement be acceptable to Garfield County, please execute all of enclosed originals and return two (2) to my attention. Thank you. WILDHORSE ENERGY PARTNERS, LLC By: Ken Hooker, Manager AGREED AND ACCEPTED THIS DAY OF SEP f EMBER, 1998. GARFIELD COUNTY, COLORADO By: Its: • Sze TO: Bernie Wittman, Wildhorse Energy FROM: Mark Bean, Garfield County RE: Indemnification language Wildhorse Energy Partners LLC, its employees, agents, heirs and assigns, agree to indemnify and hold harmless, Garfield County from any claims due to design, construction and maintenance of CR 317, as required by this agreement. TO: FRO RE: Bernie Wittm orse Energy ark Bean, Gar field Co Inde ification 1. guage ty Wild orse Energy, its em loyees, gents, heirs and a s, agree to indemnify . d hold mless, Garfield County om . y claims due to design, construction and maint- i ance of CR 317, as required by this agre en GARFIELD COUNTY Building and Planning Department February 23, 1998 Christopher C. Meyers Intermountain Timber Products, LLC P.O. Box 899 Cottage Grove, OR 97424 RE: Teepee Park Special Use Permit Dear Mr. Meyers: Please consider this letter to be notice of the Board of County Commissioners setting a time on their agenda to meet with your company to continue the discussion regarding the conditions of approval attached to the Teepee Park Special Use permit issued to the Tucker/Frase group. The Board has set this meeting for April 6, 1998 at 2:30 p.m., in the Commissioner's meeting room, Suite 301 of the County Courthouse. If you have any conflicts with this time or questions about the issues, feel free to call or write to this office, at your convenience. Sincerely, Mark L. Bean, Director Building & Planning Department 109 8th Street, Suite 303 945-8212/285-7972 Glenwood Springs, Colorado 81601 Intermountain Timle^Pm \c/,r; Friday, January 2, 1998 Garfiled County Board of Commissioners 109 8th Street Suite 300 Gleenwood Springs, CO 81601 Intermountian Timber Products PO Box 899 Cottage Grove, OR 97424 RE: FOREST PLAN TEEPEE CREEK Commissioners, ,JAN Please be advised that I am still working on a final definitive agreement with the Oil and Gas Exploration Organizations (Wild Horse). This is with respect to the specified road use and construction as defined by the ongoing permit process. I want to complete these agreements prior to continuance of my dialogue with the Board of Commissioners, therefore I would like to postpone my meeting on January 5, 1998 with the Board. Respectfully, Christopher C. Meyers Cottage Grove Office 97o 24-9-0,0/Z -25-98 10:36A J. L. Obourn, Jr. & Co. 303 771 7085 John L. Obourn, Jr. OIL ANI) GAS CONSI!ITANT 9680 E. Powers Drive • Englewood, Colorado 8011 1 (303) 771-7025 • Fax 771-7085 • Cellular - 810-2312 • jlobournjrco@worldnet-att..net 1 7}-1 4 70,frp p \T: CD6s (r))1 c0-5 -Y-60( -c0Y- 'C3 "Wr t (91()' C Cog A -?/(-43--c--- (-41-- A-/ri /21 ('; fa t - 6,�L /-(r7 12-t) -6 L-tAek (3 P.01 Intermtn. Forest Prod. Fax:970-249-0727 Oct 26 '98 9:15 P. 02 INTERMOUNT� �' � � ES, LLC 11923 6530 Road FAX (970) 249-0727 October 26, 1998 Mark Bean Garfield County Planning Dept. 109 8th Street Suite 303 Glenwood Springs, CO 81601 RE: Teepee Park, Garfield County Resolution #97-70 Dear Mark: P.O. Box 670 Enclosed are copies of the required engineered plans and schedules for the pavement overlay, as defined in items #7 & 8 of the special use condition of resolution #97-70, 1 am continuing in the process of meeting with KN Energy and Wi,ldhorse to resolve your concern, with respect to road #317. Please review the enclosed documents and let us move forward to complete the requirements to obtain this SPECIAL USE PERMIT. We have a crew and equipment now on stand-by, ready to begin the work on road #317. Ricainxrw_rr 1yrs tCltri&topher C. Me `Pi esident Encs. CCM/smc I OCT.23.1998 4:59PM UNITED COMPANIES UUITEO COMPANIES October 23, 1998 NO.341 P.2 618 Dike Road, P.O. Box 3609 Grand Junction, CO 81502 (970) 2434900 FAX (970) 243.5945 Mr. Mike Alberts Intermountain Forest Products P. 0. Box 670 Montrose, CO 81402 21830 Hwy. 550 South, Montrose, CO 81402 (970) 249.1815 FAX: (970) 240.8497 Re: Garfield County Road #320 Overlay Dear Mr. Alberts: P.O- 8ox 1909 1300 Courcy Road 44LN, P.o. 8ox 928 Norwood, CO 81423 (970) 3274586 FAX: (970) 327-4113 This afternoon we met to discuss overlay of County Road 320 in Garfield County southwest of Rifle. The project starts at County Road 357A (Village Drive) and ends at County Road 317 (Beaver Creek Drive). The existing road is mostly 21' or 24' wide, but includes widened curves up to 50' maximum width. The existing road is chipseal with some crackfill and some asphalt patching present. We have been requested to install a 1 1/2" deep asphalt overlay, In actuality, the average installed depth will be 2" to fill in ruts and low spots. Our sequence of work will be: 1. Sweep. 2. Tack oil. 3. Install asphalt. 4. Install gravel to blend in edges up to 4' wide. Note that no striping is present on this road. Traffic control will he handled using signF, 2 fla.ggers, and a pilot car to direct the traffic. through the work zone. The maximum delay of traffic will be 15 minutes. OCT.23.1998 5:00PM UNITED COMPANIES Mr. Mike Alberts October 23, 1998 Page Two Feel free to call me with any questions. Sincerely, UNITED COMPANIES C:=1E,11// 1(YALIA4, David W. Jensen Estimator/Project Manager DWJ: gb NO.341 United States Department of Agriculture Forest White River Service National Forest Mr. Chris Meyers Intermountain Ranches, LLC P.O. Box 670 Montrose, CO 81402 Dear M'lr. Meyers: Rifle Ranger District 0094 County Road 244 Rifle CO 81650 (970) 625-2371 TTY (970) 945-3255 FAX (970) 625-2532 Reply to: 2720 - Beaver Creek Date: October 23, 1998 Enclosed please find a copy of the Environmental Assessment and subsequent decision for the proposed Tucker and Frase (now Intermountain) road easement. Areas which are of particular concern are highlighted for your benefit. You should however read the entire document. Also enclosed is the application and amendment to the application submitted by Tucker and Frase. This is the application you have stated you wish to follow. Again there are some highlighted passages for your information. Cindy Hockelberg of my staff contacted Jack Walton, our Forest Engineer in regards to the final road design drawings. Jack consulted his files and found that he reviewed some draft road de- signs but has never seen a final set of drawings. Final drawings must be submitted prior to any easement being issued. We have begun drafting our operating plan to be used for reconstruction and construction of the Beaver Creek Road. This will be part of your easement for the life of the construction project. I would like to reiterate that after we issue the easement construction may not begin until you have received a letter authorizing you to begin and the Special Use Permits are also issued by Garfield County and the City of Rifle. If you have any questions please contact Cindy Hockelberg of my office at (970) 625-2371. Sincerely, �F.WILLIAM HAHNENBERG �r Acting District Ranger cc: Mark Bean, Garfield County Planning Dept. Tim Moore, City of Rifle Caring for the Land and Serving People Printed on Recycled Paper tai 481 numbers; all the different agencies and the services used; volunteers that includes 24 emergency 482 agencies; use of lift support including air transport and rescue 'service - 483 Sharon stated that Level 1 is the highest level of Trauma care. Sharon named the ones that are 484 classified as Level I's for this area - St Anthony's and Denver Health. Children's Hoepital is the Level 485 Level 1 for pediatric care trauma center. Within our own Five County Arca - St Mary's is 4861I, VVEI is Level TIT, and Clagett Level W. our population. A 487 Additionally Sharon mentioned that volunteers decline with the increase ofpops 488 study bas been done on recruitment and keeper volunteers interested. 489channels for emergency 490 A date was determined for March of 1999 to have separam 491 commimicatians. 492 The Board indicated this was an excellent plan, 493 494 A motion was made by Commissioner McCown and seconded by Commiesioner Martin to 495 approve the plan as presented by Sharon; carried. 496 Dale was requested to draft a letter that the Board did approve of the plan. 497 498 Fairgrounds Agreements 499 The Board discussed the method in which the Fairground Contracts are being submitted- in contracts signed a timely fashion_ Ed will look into the policy on having they 501 Comrnissioncr Martin moved to ratify the contracts for the C.Q.1-1.S.A. Fairgrounds and Staff' Rental Agreements for September 5 - 7, 1998. Commissioner McCown seconded; carried. 503 504 R iQt ENERGY 505 DISCIJSSION: BEAVER CREEK ROAD -JayFowler of WildhorSe, 506 King Lloyd, John ()bourn of Wildhorse; Bernie Whitman KN Energy;CTL Thompson ofWildhoe 507 -Eel Energy; Roger Neil High Country Engineering; ami John Mechling - 508 present. ements from the 509 Discussion was held regarding portions of CR 317. A proposal for road improv 510 Dorrell Ranch to Lucky 13 Ranch were presented- They met 511 KN Energy maintained that the traffic counts were not as high as had been projected. 512 with King and residents last week. The area being discussed is partly in the Rifle watershed and 513 KN Energy put together this information to present to the Board. Bob Szrat 514 Bernie Whitman, Paul Bussone representing the City of Rifle and County Engineer 515 also provided input into the discussion. 516 King stated the reason for the discussion today was due to a the fact that ey have vsubmitt 517 some different ferexnt designs with different specifications than the original geotechnicalengineer it had 518 specified. The primary reason they were here is if the road stabilization weresecticrn to oproceed road, asrit h 519 on the upper part, we would not have the road width on this particularfrom the acrid, theby the ad 520 would be somewhat narrower. King added that it was his understand 521 Commissioners took in granting the permit that we wanted to hold the road width and not 522 encroach on it. The mad was already narrow enough as it was and that we wanted to maintain 523 the template we have without disturbing any of the area that underlay the water diversion ditch 524 that runs parallel to the road. So KN submitted the additional information and copied County 525 Engineer Bob Smit. However, King said he and Bob have not had an opportunity to discuss this 526 as yet. King mentioned the new proposal is quite a bit different; that the original soils reports p 527 stipulated 16" of pit nm or the equivalent native material and 8" of class 6. This was stipulated 528 to give those materials that would render the County with an all season road with an approximate 529 20 year design life. King stated they are recommending 8" of pit run and 6" of class 6. King 1 530 mentioned a soils report from C.` la, new11. Thompson. Thecuir i�� Proposal - is suggested andP 531 would include 8" pit run and 6" of class 6. estimated_ His 532 CTL Thompson of Jolui Mechling said the soils test was better than originally 533 concern is that you don't mess with what's there. He explained that excavationthe oil hack m and 534 would leave some pot holes where the rocks were requiting them to put would be 535 compact Depressing soil where the rocks came out, regarding costs to the County, 536 better to leave this surface as it is. 537 Chairman Smith asked about the comparison between Proposal I and 11 and the question regards 538 where does the continuation with the leases if the pipelines etre sold and where does the liability t 539 for the continuation of the five years oP;,.,aanee go? _- en 540 Draft - Page 9 Kk�,v ss 08:54 GARFIOLD GOlt9TY • 541 John Mourn saki when the permits and licenses are transferred, the provisions go with the 542 purchaser. 543 Bob Snot stated that the last time they met he asked for some figures and calculations to 544 compare and he never got those. He prepared some information taken from the Asto Pavement 545 Design Book and in looking at the aggregate surface, multiple factors that figure in to the design 546 of an aggregate road - traffic, weights, aggregate base layer, road bed materials, allowable 547 running depth; and based on the information be obtained from the CTL report where they talk 548 about the Vera R value changing, it seems like what's happening here is this: one perimeter's 549 changing, there's going to be a difference beentck traffic, therefore, let us reduce the quality of 550 this rod and until Bob sees some other reports that addressed the changes in truck traffic, what is 551 some of the soil testing out there, and comparative things between the aggregate layers; he 552 couldn't recommend any of the proposals. 553 King was asked how he liked Proposal I and he stated he preferred it over Proposal 11. The 5 554 years is a minimum and is acceptable; however he suggested to add a clause that the situation 555 would be reviewed within a period of time to see if the traffic counts increase and to have a 556 method to address soft spots. King wanted it specific with the desired outcome. If there is a lot 557 of soft spots and a high maintenance cost due to heavy wheel loads, then maybe this arrangement 558 wouldn't work and it wouldn't be advisable to keep adding 6" of Class 6 - something else might 559 have to be done. 560 The agreeznent was to accept the recommendation by CTL Tompson that includes a 6" overlay 561 on the existing surface with extended maintenance and to include the understanding that if any 562 soft spots or failure areas due to loads in the road occurs, that repairs will be made as necessary 563 to stabilize that sub -grade to make it perform as needed. 564 King mentioned the way the County Road standards were written aow, they rely on the 565 recommendations of the geo-technical engineer to stipulate on a case by ease situation what the 566 road template should look like. 567 Commissioner Martin added the statement made by John Mechling is that the failure of the road 568 is the drainage and the ditches and culverts need to be done by the County and that is not 569 included in the maintenance. He said he sees an argument where failure of the road because of 570 the drainage problems could occur and blame be placed on the County. 571 Chairman Smith agreed. 572 Commissioner Martin stated if it is going to be maintenance, then it's going to be maintenance 573 and will not exclude anything. 574 Chairman Smith also inquired about "criminal destruction." 575 King pureed that snow removal was a given and we only maintain snow removal of the road up 576 to the snowmobile turnaround and the County will not plow all the way up to the pig launcher. 577 Commissioner McCown stated if logging starts they will be hauling all winter. 578 King stated in cases of this the County has made the log hauling post a bond and they are 579 responsible for snow removal. So the area the County does snow removal would be covered 580 under the proposal_ 581 King stinted the only caveat that needed to be added to this was, as John Mechling and he had 582 discussed, drainage does cause road problems and typically with the natural gas industry it never 583 fails that when they want to do the majority of their work, it happens in February when the roads 584 are beginning to thaw and the roads will not hold up to heavy wheel loads when they're starting 585 to thaw. Therefore, it is impossible to go in and plow snow and pull the ditches at the same time 586 and so there will be water underneath the ice in the ditches and the snow adjacent to this road and 587 it needs to be understood that in the summertime the County can maintain the ditches and make 588 sure there is adequate drainage there, but when the roads start failing in February, that's due to 589 the wheel loads and it is be addressed in order for this agreement to work. 590 591 Chairman Smith mentioned in a mainttnance agreement she wanted to make sure that 592 responsibility was clearly spelled out in what we sign and therefore she wanted to make sure 593 everything is covered. 594 King stated the Board's recommendation was that this be an all season road and hold up to all 595 hauling activities year round and that's what we need 596 Commissioner McCown mentioned that 5 years ought to be a test of that. 597 Chairman Smith suggested that the 5 year maintenance be on an all season road. 598 Commissioner McCown stated the entire road mentioned in the agreement, part of it the County 599 does not plow. P.2 600 Draft - Page 10 601 King mentioned his interpretation of this agreement would only be for the portion of road from 602 approocimately Lucky 13 driveway down to Dorrells. Lucky 13 to the original pig launcher could 603 be under the original permit - all season. 604 Commissioner McCown and the other portion where the improvements are made would be an all 605 season also. 606 Bob Snot stated there were two ways to monitor compliance when it came to road standards: 607 national standards and it sounds like we are going to ignore that and go to a "warranty spec" 608 where somebody's going to say, we don't like this road, there's a soft spot and not passable to all 609 traffic in all weather. Before an agreement it reached on anything, he suggested that a 610 clarification be made Just what this means. The problem he foresees is not if King assesses a soft 611 spot, but if someone else determines that it isn't, then without a very clear layer and information 612 according to national design standards, then the agreement needs to have a clear line of authority 613 as to who will determine there is a problem and it will be repaired. If King is that authority and 614 it will be fixed without an argument, okay. 615 King mentioned a concern that Bob has mentioned and Cb aiunan Smith has also voiced is that 616 parties do change. King suggested there be a specification for how much rutting is allowed. 617 Chairman Smith reiterated that the line of communication needs to be open and everyone sitting 618 here in agreement that when the time comes repairs will be made. 619 Bernie mentioned that the agreement could be re -drafted to include the concerns discussion 620 today. 621 Commissioner McCown mentioned to add on page 1 - "at any time during the five year period, 622 this road fails to mnintein it's integrity as an all weather mad, it will be built to the initial design 623 of the geotechnical engineer, for the whole damn road." It wit either be one or the other. The 624 Board will either approve Proposal 1 or they were going to go back and sub -excavate it. If it fails 625 in five years, it needed to be done in the est place. If it doesnt fail in the five year period of 626 time, apparently the 6" of sub -grade is great. Now, does everybody here agree with that? 627 Chairman Smith asked if they could agree to that? 628 Commissioner McCown stated this is the gamble these guys have. 629 Bernie asked if it fails, you would require them to pull all the 6" off? 630 Commissioner McCown said no, leave that - put 8" of pit run and 6" of roadbase. We would lose 631 some narrowness, but be doesn't want to see than dig rocks the size of this table. 632 KN Energy asked what would determine a failure? 633 Commissioner McCown said when trucks starts running though it. and you can't get up it in a 634 pick-up. 635 KN Energy asked if you get 50 feet of failed road, that mean you're putting 8" over the whole 636 road? 637 Commissioner McCown said yes. This was what the design initially called for on the whole road 638 was in there when they agreed to put in the pipeline. Now were coming back and wanting to get 639 down to 6". He used Matnm Creek as an example and this year we are fixing it right and 640 hopefully we won't have to fix it again. 641 Chairman Smith suggested KN Energy fine tune their proposal and to work with Ed Green and 642 Don DeFord will work with Ed. 643 KN Energy said they would depend upon King's expertise to help them. 644 King said it will be him and Bob and Ed Crreen. 645 The parties agreed. 646 KN Energy will put this together and get back to the Board. 647 648 AFFORDABLE HOUSING 649 Tun Thulson, Tom Beard, Don DeFord and Victoria Giamiola were present. 650 Tim Thulson said they were working on an affordable housing component in compliance with 651 the PUD recommendation. They are working with the County on affordable housing and one 652 thing that is becoming very clear is they will need some enforcement of administration entity and 653 would like to have the Garfield County Rouging Authority as an administrative entity. In talking 654 with Don and Tom Beard, they thought it would be helpful if we could schedule a meeting in the 655 Mute e to discuss funding, what it will be and what can be done. 656 Don mentioned that the 12:30 agenda item was set in order far the Board to determine a tint on 657 their agenda next week to discuss this. This is more than just the Rose Ranch Affordable 658 Housing issue. 659 660 A meeting time was set for September 15 at 3:00 P.M. Draft - Page 11 �,•._vr err ' �r „xn?k• AL' nn(_ . Gct 114 hi ( Intermountain Resources LLC. Attn: Christopher Meyers Dear Sir: October 15, 2001 I Road and Bridge Department This letter is to acknowledge the improvements that were made to CR 317 from the BLM property South to the Forest Service gate. The work consisted of sub grade and base course application along with drainage improvements. At this time, all of the requested improvements have been made and meet the approval of the Road & Bridge Department. If you have any questions or concerns, feel free to contact me. Sincerely, Tom Russell Di rector 902 Taughenbaugh Ave, Suite 305,Box 2 Rifle, CO 81650 Phone: 970-625-8601 Fax: 970-625-8627 SPECIAL USE PERMIT BOND Resolution No. 97-70 Timber Harvest at Teepee CR Ranch Property Bond No.: FS 4 55 03 80 KNOW ALL MEN BY THESE PRESENTS, That the Undersigned Intermountain Resources, LLC as Principal, and Great American Insurance Company , as Surety are held and firmly bound unto GARFIELD COUNTY ROAD & BRIDGE DEPT., Colorado as Obligee in the penal sum of Seventy-five Thousand and No/100 ($75,000.00) for the payment of which, well and truly to be made the said Principal and the said Surety, bind themselves, their heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, the Principal now has or will be granted a Special Use Permit for natural resource extractions (commercial logging operation); and WHEREAS, said Special Use Permit requires Principal to provide a road bond in lieu of road paving on CR320. NOW, THEREFORE, if the Principal shall faithfully perform its duties under the above terms of the permit, then this obligation shall be null and void, otherwise to remain in full force and effect. PROVIDED, that if the Surety shall so elect, this bond may be canceled as to subsequent liability by giving (30) days notice in writing to both the Principal and Obligee. IN WITNESS WHEREOF, the Principal and Surety have hereunto set their hands and seals on the dates set forth below. 76-// Great American Insurance Company Surety By: f.'/7'/'7 Margaret Hoffman Date: Date: OCTOBER 15, 2001 OCTOBER 15, 2001 t • • G EAT AMERICAN INSURANCE COMPANY' 580 WALNUT STREET • CINCINNATI, OHIO 45202 • 513-369-5000 • FAX 513-723-2740 The number of persons authorized by this power of attorney is not more than No. 0 13936 FIVE POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS: That the GREAT AMERICAN INSURANCE COMPANY, a corporation organized and existing under and by virtue of the laws of the State of Ohio, does hereby nominate, constitute and appoint the person or persons named below its true and lawful attorney-in-fact, for it and in its name, place and stead to execute in behalf of the said Company, as surety, any and all bonds, undertakings and contracts of suretyship, or other written obligations in the nature thereof; provided that the liability of the said Company on any such bond, undertaking or contract of suretyship executed under this authority shall not exceed the limit stated below. Name Address Limit of Power ROBERT A. BALLIN LARRY C. BUCK ALL OF ALL MARGARET HUFFMAN STEVEN J. HANSON EUGENE, UNLIMITED BEVERLEY VERBANIC OREGON This Power of Attorney revokes all previous powers issued in behalf of the attorney(s)-in-fact named above. IN WITNESS WHEREOF the GREAT AMERICAN INSURANCE COMPANY has caused these presents to be signed and attested by its appropriate officers and its corporate seal hereunto affixed this 14th day of March , 2000 Attest GREAT AMERICAN INSURANCE COMPANY STATE OF OHIO, COUNTY OF HAMILTON — ss: On this 14th day of March, 2000 , before me personally appeared DOUGLAS R. BOWEN, to me known, being duly sworn, deposes and says that he resided in Cincinnati, Ohio, that he is the Vice President of the Bond Division of Great American Insurance Company, the Company described in and which executed the above instrument; that he knows the seal; that it was so affixed by authority of his office under the By -Laws of said Company, and that he signed his name thereto by like authority. This Power of Attorney is granted by authority of the following resolutions adopted by the Board of Directors of Great American Insurance Company by unanimous written consent dated March I, 1993. RESOLVED: That the Division President, the several Division Vice Presidents and Assistant Vice Presidents, or any one of them, be and hereby is authorized, from time to time, to appoint one or more Attorneys -In -Fact to execute on behalf of the Company, as surety, any and all bonds, undertakings and contracts of suretyship, or other written obligations in the nature thereof, to prescribe their respective duties and the respective limits of their authority; and to revoke any such appointment at any time. RESOLVED FURTHER: That the Company seal and the signature of any of the aforesaid officers and any Secretary or Assistant Secretary of the Company may be affixed by facsimile to any power of attorney or certificate of either given for the execution of any bond, undertaking, contract or suretyship, or other written obligation in the nature thereof, such signature and seal when so used being hereby adopted by the Company as the original signature of such officer and the original seal of the Company, to be valid and binding upon the Company with the same force and effect as though manually affixed. CERTIFICATION I, RONALD C. HAYES, Assistant Secretary of Great American Insurance Company, do hereby certify that the foregoing Power of Attorney and the Resolutions of the Board of Directors of March I, 1993 have not been revoked and are now in full force and effect. Signed and sealed thisJ� 1 /1 day of S 10295 (1 1 /97) — o Alf M.P. _ 0 RT. 2.7. R7 c, 2T.7/ _ 1.10 c JNZ ' S100.50Yd _ 1. 30 _ 1.3/ _ 1.35 _ i.y2 _ O. SO _ 0.85 — 100 ALL _ 0.36 _0.00 21 Li. EL 0.55 _. 0.63 _ 0.70 0.7/ _ 0.05 _ 0.08 0.13 _ 0.20 _ 0.32 _ 0.36 r Jo r �v=ys LE RT L T. _ 2.60 _ 2.48 _ 2.70 _ 2.?? 9 M.P RT _ 2.30 _ 2.'12 _ 2.Y3 _ 2.'/5 M. P. RT T C _ /.90 _ 1.97 _ 2.00 _ 2.10 RT. L7 C _ /.65 _ 1.75 JAMES A. BECKWITH Attorney and Counselor at Law 7910 Ralston Rd., Suite 7 Arvada, CO 80002 303-431-9966 // FAX 303-431-2803 / E -Mail Ithamer@aol.com November 3, 2001 Mr. Don K. DeFord Garfield County Attorney 109 Eighth St., Room 300 Glenwood Springs, CO 81601 RE: Intermountain Resources / Norm Carpenter Garfield County Special Use Permit Dear Don: During our discussions for the issuance of Garfield County' s SUP, you had referenced a need for a report from Kelly Rogers, Colorado State Forest Service. This had to do with marking of the trees to be felled in Tepee Park. On October 31, 2001, Bill Gherardi gave me a copy of an e-mail from Kelly Rogers to "Garfield County Commissioners". I am enclosing a copy for you, in the event you had not received a copy directly. Yours truly, ciY\&/--‘ James A. Beckwith Enclosure cc: Mr. Chris Meyers w/ enclosure Bill Gherardi From: "Kelly Rogers" <kjrogers@lamar.colostate.edu> To: <jmartin@garfield-county.com>; <boccadmin@garfield-county.com>; <waltstowe@aol.com> Cc: "Bill Gherardi" <billgherardi@home.com> Sent: Friday, October 26, 2001 4:15 PM Subject: Timber Marking on Teepee Park To: Garfield County Commissioners From: Kelly Rogers, Colorado State Forest Service Date: October 26, 2001 Re: Timber marking on Teepee Park Property At the request of Mr. Bill Gherardi of Woodland Management Consultants, I recently inspected a portion of the Teepee Park property that has been marked for potential timber harvest. Bill asked me to send you my impressions of the marking job completed to date. The area marked was located in a stand of mixed spruce -fir timber near the top of the east drainage of Porcupine Creek. Road construction to the proposed harvest area appears to be near completion. Trees to be harvested have been marked with blue paint at DBH (4.5 foot height) and at the stump. Mr. Gherardi described the marking as an "initial entry shelterwood cut", as described in the forest management plan completed for this property in 1996. The timber marking I inspected is in line with a shelterwood cut prescription. This is the most commonly used cutting scheme in old growth spruce -fir stands, and should work well in this particular application. It appears that 30-40 percent of the basal area of the stand has been marked for removal in this initial cut. Dead and poorly formed trees, as well as trees damaged by fire or insects have been marked. It appears that an effort has been made to select subalpine fir trees (the less merchantable species) and spruce trees from all size classes for removal, and to favor the better -formed spruce for retention as seed trees in this initial entry. The marking I examined is definitely not a "high grade" job, where only the largest trees are selected. In addition, no trees were marked for removal directly adjacent to roads. The timber marking done so far appears to follow the prescription outlined in the approved management plan. Assuming the logging operation is closely monitored, I feel this area will benefit from the proposed management. Please call me with questions or comments, or if I can be of further help in this matter. Kelly Rogers Assistant District Forester Colorado State Forest Service, Grand Junction District (970) 248-7325 10/29/2001 November 2, 2001 INTERMOUNTAIN RESOURCES, LLC 11925 6530 Road P.O. Box 670 ' Montrose, Colorado 81402 (970) 249-0812 Fax (970) 249-0727 Mr. Mark Bean Building and Planning Director 109 8th Street, Ste. 303 Glenwood Springs, CO 81601 RE: Bond No. FS 4 55 03 80—Garfield Co. Road and Bridge Dept. Dear Mr. Bean; DECEIVED Enclosed please find the above referenced bond•that replaces the one sent to you on October 17, 2001. Please note that the road number has been changed from CR317 to CR320. Please let me know if you have any questions. Sincerely, 4R/iT,lz 7 I✓� Sid McDougal Sm Enc. r- GARFIELD COUNTY TREASURER RECEIPT DATE: /O -/F-Q / FROM: RE: .f-,C.fze.f./ joite7 00 SIGNED: ›de.44,z4c;ceeteiz4e,",„ BYz.`%YI RECEIVED OCT 1 9 2001 JAMES A. BECKWITH Attorney and Counselor at Law 7910 Ralston Rd., Suite 7 Arvada, CO 80002 303-431-9966 // FAX 303-431-2803 / E -Mail Ithamer@aol.com October 16, 2001 Mr. Mark Bean, Director Garfield County Planning & Zoning 109 8th St. Glenwood Springs, CO 81601 RE: Intermountain Resources, LLC Resolution 97-70 / Tepee Park Dear Mark: Enclosed is the letter I received from Chief Michael Morgan, Rifle Fire Protection District, regarding the filing of the Fire Management Plan with his Department pursuant to the terms of Garfield County Resolution 97-70. Should you have any questions, do not hesitate to contact me. Yours truly, James A. Beckwith cc w/ enclosure: Mr. Don K. DeFord Mr. Christopher C. Meyers Mr. Norman A. Carpenter Mr. William Gherardi RIFLE FIRE PROTECTION DISTRICT October 16, 2001 Bill Gherardi Woodland Management Consultants Post Office Box 10 Fort Collins, Colorado 80522 Reference: Fire Safety at Teepee Park Mr, Gherardi, The Rifle Fire Protection District has received your letter in regards to fire safety practices during logging operations of the •1 eepee Park area. As you may or may not be aware, the area of discussion is not within the boundaries of the Rifle Fire Protection District, All plans for tire and emergency medical services should be sent to Garfield County for comment. Thank you and feel free to contact me if you have any questions. Sincerely, Mike Morgan District Chief Cc: Jim .Beti kwith Mark Bean Telephone (970) 625-1243 Fax (970) 625-2963 1850 Railroad Avenue Y.O. BOX 1133 • Rifle, Colorado 81650 Phone (970) 945-7758 Fax (970) 945-1018 GRAND RIVER CONSTRUCTION CO. GLENWOOD SPRINGS, COLO. ASPHALT PAVING & LIGHT - HEAVY CONSTR October 15, 2001 Proposal CTION P.O. Box 1236 Glenwood Springs, CO 81602 Bid To: James Beckwith 7910 Ralsotn Rd. Ste. #7 Arvada CO 80002 Project: County Rd. 320 Location: Rifle Bid Date: 10/ 15/01 12:00 AM We Propose to furnish all labor, tools, equipment , materials and transportation to complete the following portions of work on the above named project: Asphalt Overlay Work as per plans and specifications, including the general conditions of said specifications and addendum numbers Work Area 5,280' X 24' thereto, as prepared by N/A . This proposal includes or excludes in addition to the above , the following: WE INCLUDE THE FOLLOWING: Furnish and place one mile of 1.5" asphalt overlay 24' Wide Note: Pricing base on current market value WE EXCLUDE: Everything not specifically included above All for the sum of: Forty -Eight Thousand DOLLARS $48,000.00 Including all applicable taxes and insurance Lump Sum The undersigned agrees to hold the above price or prices for a period of 15 days from bid date, and , if the proposal is accepted , to enter into a contract with the owner or contractor. The undersigned further agrees, if required by the owner or contractor, to furnish to said owner or contractor a performance bond and will guarantee the payment of all labor and material bills in connection with the execution of the work covered in the contract. The bond is to be written by a surety company acceptable to the owner or contractor. Premium for said bond shall be paid by the owner or contractor. This work, if accepted, will proceed under the direction of the Construction Superintendent or owner, and definite shipping or installation dates will be arranged with him, Grand River Construction Acceptance of Proposal We hereby accept your proposal. Work performed during one month, shall be pald for by the 10th of the following month. Past due accounts will be subject to service charges of 1.5% per month, together with reasonable attorney fees and filing costs. NAME OF FIRM OR PERSON SIGNED BY DATE TITLE 11 JAMES A. BECKWITH ATTORNEY AT LAW 7910 Ralston Rd., Suite 7 Arvada, CO 80002 303-431-9966/FAX 431-2803 FACSIMILE COVER SHEET DATE: tp D TIME. �I> SENDER NO.: 3g 'Cy >> (` C ccII 03 RECEIVER NO.: (2)1,0 � 2-C NUMBER PAGES: - (Including cover sheet) TO: i\mv.c RE: i\1Tea M 0URTUA g Ct(E-)(�12 P0-0- �' KLV\JL CONTENTS: 0-U ^�(M N� (i)1) Plar42.16 (,--,0:17:ce- Lb n The information contained in this FAX message is privileged and/or confidential, and is intended only for the use of the individual or entity named above. If the reader of this message is not the intended recipient, or the employee or agent responsible to deliver it to the intended recipient, you are hereby notified that any use, dissemination, distribution or copying of this communication is strictly prohibited. If you have received this message in error, please immediately notify us by telephone, and return the original message to us at the above address via United States Postal Service. Your cooperation and assistance is greatly appreciated. 10/09.01 17:13 FAX 970 4S2 8907 KINKCS CAMPUS WEST Z002 Woodland Management Consultants P.O. Box 10 Fort Collins, Cotora^o U,)52? (970) 221-1336 October 9, 2001 Mike Morgan Rifle Fire Protection i Lict 1850 Railroad Ave. Rifle, CO 81650 RE: Fire Safety at Tepee =k Harvest operations will generally take place from late summer thru the winter until snow depth prevents operation. Due to a wildfire in duly, 2001 there is now primary road access to Porcupine, Beaver, and Mamm Creeks. A11 primary roads shall be kept in .a passable condition during harvest operations. Harvest operations will be conducted by Intermountain Resources LLC. and its subcontractor Hahn Logging, As a prudent operator, normal operating guidelines include but are not limited to; a. Frequentinspections of equipment to remove combustibile materi from belly pans, checking exhaust systems for leaks, and meintainance of spark arrestors on internal combustion engines. b. Creating safety zones for refueling and welding repairs to equipment. c. During periods of high fire danger as forecasted by the US Forest Service- Riffle Ranger District, a water truck.or pumper will be on site as well as sufficient hand tools for the timber operators cra.v. During harvest operations all available equipment such as bull- dozers and skidders wily be used to suppress any fire within Tepee Park, 10/09/01 17:14 FAX 970 482 8907 IiINKOS CAMPUS WEST October 9,2001 Page 2 2004 Willard Hahn is the on site representative to respond to calls from the Sheriff Department. Home phone#- 970-255-0925. Cell* phone #- 970-261-1043. Brian Clark. is the alternate on site representative. Home prone It-- 970-625-4211. Cell phone f`- 970--260.-2086. Respeccful1y Submitted, "Th �t Dill Cherardi Forester, Woodland Management Consultants co : Norm Carpenter Chris Meyers JAMES A_ BECKWITH ATTORNEY AT LAW 7910 Ralston Rd., Suite 7 Arvada, CO 80002 303-431-9966/FAX 431-2803 FACSIMILE COVER SHEET DATE: (A, TIME: II I G'r. SENDER NO.: 1)'(,1)'(,`t l �� RECEIVER NO.: ` n � NUMBER PAGES: (Including cover sheet) TO: e&I av\ sfle- NLc,,) C;, a RE: [ f J,T ►IZ I TN , i l �v�� 2- UK2- CONTENTS: 12.� , �t�il��N1'� N � +�tsj T--108-4a-- (6),N_--FtgLo Cog/Nal' The information contained in this FAX message is privileged and/or confidential, and is intended only for the use of the individual or entity named above. If the reader of this message is not the intended recipient, or the employee or agent responsible to deliver it to the intended recipient, you are hereby notified that any use, dissemination, distribution or copying of this communication is strictly prohibited. If you have received this message in error, please immediately notify us by telephone, and return the original message to us at the above address via United States Postal Service. Your cooperation and assistance is greatly appreciated. 10,4)9/01 17:14 FAX 970 .IBS 8907 KINKOS CAMPUS WEST Woodland Management Consultants P.O. Box 10 Fort Collins, Colorado 80322 (970) 221-1336 Z7; 005 October 9, 2001 Guy Meyer Garfield County Emergency Management 109 8th St Glenwood Springs, 00 8).%4. RE: Fire Safety AT Tepee ,- -rk Harvest operations will. generally take place from late summer thru the winter until snow depth prevents operation, Due to a wildfire in July,2001 there is now primary road access to Porcupine,Beaver, and Mamm Cree,cs. All primary roads shall be kept in a passable condition during harvest operations. Harvest operations will be conducted by Intermountain Resources LLC. and its subcontractor Hahn Logging. As a prudent operator, normal operating guidelines include but a.re.not limited to; a. Frequent inspections of equipment to remove combustibile mater from belly pans, checking -exhaust systems for leaks, and maintainance of spark arrestors on internal combustion engines b. Creating safety zones for refueling and welding repairs to equipment. 0. During periods of hign,rire danger as forecasted by the US Forest Service -Ririe hanger District, a water truck or pumper will be on site as vJe1i as sufficient hand tools for the timber operators cl: During harvest operations all available equipment such as bull- dozers and skidders will be used to suppress any fire within Tepe Park. ' 10'09/01 17:15 FAX 970 482 8907 KINKOS CAMPUS REST 0006 October 9,2001 Page 2 Willard Hahn is the on site representative to respond to calls From the Sheriff Department. Home.phonef- 970-255--0925. Cell phone ;fr- 970-261-1043. Brian Clark -is the alternate on site representative. Home phone • 970-625-4211. Cell phone 970•-260-2086. Ftespectflly Submitted, ?b. Bill Ghe1ardi Forester, Woodland Management Consultants cc: Norm Carpenter Chris Meyers + ++++ + ++++ 4 + ++++ +++++++ + +++ +++ + + ++ ++++ +•++++ + ++ ++1-4 TRANSACTION REPORT FOP: OCT -12-01 01:44 PH ge•manyearamsar :4: • DATE START RECEIVER TIME HOT E * --- * OCT -12 A1:41 PM 19709459789 3 2'2" OK * .............,........,......................... .ramms••••••••nuaserammiumuasaw.rs" + + + + + 1. + ++ + + + + + + + + + ++ + +4+44++ + + + ++ + + + + + + + + + + + + + i TRANSACTION REPORT OCT -12-01 01:47 PM FOP SEND • DATE START RECEIVER PAGES TIME HOTE • OCT -12 01 :4F PM 197A525291,..:2. 3 2,0'7.0, OF:. :4: 4 f