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HomeMy WebLinkAbout01.0 ApplicationI)ate: • SPECIA1. Y Applicant: TUCKER & FRASE APPLICATION • USE PERMIT Address of Alrptic,rnt: 5221 Mica Ct. Redding CA. 96003 Spec:i,►1 Use: Commercial Harvest of Timber and Use of Haul Route Legal Description: See attched Tepee Park Forest Management Plan Page 5 Practical Description (location with respect ►o highways, county roads, and residences): _Approximately.a_milas south of Rifle Via Rifle) Rulison Road to Beaver Creek road to Tepee Park R cquiremenls: I. Plans and specifications for proposed use (hours of operation, number of vehicles/day, location and size o1 structures, etc.). 2. Existing or proposed method ofsewage, source ofdisposa1 and water. Road access and other information deemed necessary to explain proposed use. 3. A vicinity reap drawn to scale depicting the subject property, location, and use of building and structures on adjacent lots. 4. An impact statement on the proposed use where required by Sections 5.03-5.03.12 of Zoning Regulations. 5. A copy of Assessor's reap showing proper ty; and a listing of all adjoining property owners of said properly. A haw© Coo or 1. (.:4-' strait be charged for each application and shall be submitted with the application, additional charges may be imposed if county review costs exceed the Kase fee. 7. Attach r► copy of proof of ownership for your property (deed, 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 bearing by return -receipt mail to all the above noted adjoining properly owners. Mailing Is the applicant's responsibility and proof of mailing must be presented at the hearing. Additionally, the same notice shall be published one (1) time in the official County newspaper at least fifteen (I 5) days prior to such hearing date. Applicant shall bear the cost of publication and be responsible for presenting the "Proof of Publication" at the hearing. The above information is correct to the best of my knowledge. Applicant `Sla Date Name of Applicant: Project Name: n the Project Location (attach legal description): In Ieaver Creek Watershed i Proposed Zoning: cm( OF RIFLE P.O. Ilox 1908 Rifle, CO 81650 LAND USE APPLICATION ITOItM1 FR1�SE— Tepee Park Forest Management Plan Existing Zoning:WR/RD raa 0 = = = = =a c = o = = a = = - = o = 0 0 0 0 0 a-, o _ Ca = = = o �y -a c1 area known as Tepee Park Type of Application (check all that apply) and Base Application Pec: $250 ( ) major Subdivision final Plan [ ] Annexation ( ] Minor Subdivision 1 1 Amended Plats Single lot line adjustment ( Mobile dome Parks between two lois All other amended plat ( P.U.D. actions $ 75 $150 $500 $ 50 $100 [ J Campgrounds [X 1 Conditional Use Permit [ J Flood Hazard Permit ( 1 Major Subdivision Sketch Plan [ ] Major Subdivision Preliminary $150 $350 [ 1 Resubdivisions [ ) Rezoning 1 [Tex( Amendments to Title 17 $350 $ 75 $500 Same as Subdivisions Sante as Subdivisions 1 Zoning Variance 1 Other Petitions or Applications $250 $250 $ 25 $ 75 e ev To the extent these fees do not provide sufficient funds to pay for outside rofcssiop to annalaserount r ices or to tthe r t iew ten of the application, the applicant will he charged the actualreview (10) limes the amount set forth above. Recording and filing fees imposed by the I Garfield County Clerk & Recorder, and others, as a result of this application, shall be advanced by the applicant prior to the documents being tendered for recording. . _ _ _ _ _ _ _ _ = c c = = _ = c = = c e a s ... Nance, Address & Telephone 11 of Applicant: 96003 5221 Mica Ct. Redding, Ca. Name, Address & Telephone 11 of Property owner: ALi:ached-Lis Name, Address Sr. Telephone 11 of all Lienholdcrs: aic._Tuck or Tim -1 r-aee- Name, Address & Telephone 11 of Project engineer/surveyor (must be regIni,� Slate of Colorado) or other technical consultants (subdivisions and PUDs only): High Country Engineering Attn: Roger Neal 923 Cooper Ave. Glenwood Springs, CO. 81601 (970) 945-8676 Fax: 945-2555 Name and Addresses of property owners within 200 feet: (attach list) Name, Address & Telephone 11 of owners and lessees of mineral rights: Sante as property owners See attached Description of the proposal: See attached U.S. Forest Service rest Mara an • •• eat Plan Description of how the proposed land use complies with the laws of the City of Rille and theRifleComprehensive Plan: See Te • - - Park Forest Management Plan and Water Qualit . I certify that the above information and exhibits submitted herewith are true and correct to the best of my knowledge, and that the in filing this application, 1 nm acting 6 with knowledge and consent of those persons listed above without whose consent the requested action cannot lawfully be accomplished. Name (print): Address: r j1 rim t (1J - c A . (W°0- INSTRU� CTIONS Signed: Dale: 1. Read both sides of the application. 2. Describe, in general temps, the locution of the property that is the subject of the requested laird use action. 3. Check each action that you are applying for. 4. Complete the name, address, and telephone number sections where indicated. 5. Briefly describe the requested action(s). 6. Explain how the requested nclion(s) complies with the laws of the City of Rifle and the Rifle Comprehensive Plan. 7. lire application must be signed. 8. Attach evidence of ownership (deed, current 'Title Insurance Policy or attorney's opinion indicating ownership). Attach a letter of consent to the application signed by the property owner if the property owner is not the applicant. _________A1TACII ADDITIONAL PAGES IF NECESSARY Application Pogo 2 of 2 03/03/93 • • David Levy R.P. E lie #1976 Phone (916) 265 -4891 Mobile (916) 764-8301 Fax (916) 265-1976 305 RAILROAD AVE SU ITE 7 P.O. BOX 1797 NEVADA CITY, CA 95959 Beginning of Road - Station 0+00 APPLICATION FOR SPECIAL USE PERMIT The partnership of Tucker and Frase requests adequate access to their property • which is entirely within the boundaries of Federal land. The only existing road into the property has been determined to be inadequate for the management activities Tucker and Frase wish to implement. This application has been prepared by David Levy Forestry Services in Nevada City, California. Please direct any questions or comments to our office at the above address. Respectfully, li Jeffrey J. Calvert Registered Professional Forester #2146 Tucker & Frase Special Use Permit Application 9 Apri127, 1996 • • Alaskan National Interest Lands Conservation Act ACCESS Sec. 1323. (a) Not withstanding any other provision of law and subject to such terms and conditions as the secretary of Agriculture may prescribe, the Secretary shall provide such access to nonfederally owned land within the boundaries of the National Forest System as the Secretary deems adequate to secure to the owner the reasonable use and enjoyment thereof: Provided, That such owner comply with rules and regulations applicable to ingress and egress to or from the National Forest System. (b) Notwithstanding any other provision of law, and subject to such terms and conditions as the Secretary of the interior may prescribe, the Secretary shall provide such access to nonfederally owned land surrounded by public lands managed by the Secretary under the Federal Land Policy and management Act of 1976 (43 U.S.C. 1701-82) as the Secretary deems adequate to secure to the owner the reasonable use and enjoyment thereof: Provided, That such owner comply with rules and regulations applicable to access across public roads. (16 U.S.C. 3210) Please note: while much of the following discussion relates to the timber harvest project as a whole, THIS PERMIT APPLICATION REQUESTS ONLY ACCESS THROUGH PUBLIC LANDS. NOT ENDORSEMENT OF THE TIMBER HARVEST, WHICH IS A PRIVATE MATTER ON PRIVATE LANDS. Discussion of the harvest is presented to put the request for access in context. Addendum Item 7: Description Of The Project The Firm: Tucker and Frase, a partnership of the Tucker and Frase families, owns and manages timberlands in the western United States. T & F Forests are managed for long term sustained timber yield, using proven ecologically sound methods to ensure their timber stands remain healthy and vigorous. Protection of watersheds, promotion of new timber growth, and enhancement of big game habitat is an important part of Tucker & Frase Forest Management. The Property: Tucker & Frase has purchased 4000± acres of timberland in Garfield County from UNOCAL and the Virginia Colorado Corporation. This property is 8.25 miles south of Rifle, encompassing the upper portions of the West Mamm Creek, Beaver Creek, Porcupine Creek and Spruce Creek drainages. The property is entirely surrounded by Federal lands administered by the U.S. Forest Service and the Bureau of Land Management. (see Maps.) The Project: The partners propose to harvest using single tree selection, group selection, shelterwood removal and commercial thinning of Engelmann spruce and alpine fir on 945 acres of mature and over -mature stands. The intent will be to release the understory, provide for better ecosystem diversity, promote stand health and greatly reduce the fire danger. This preliminary plan concept has been reviewed and affirmed by an on-site inspection with John Denison and Kelly Rogers of the Colorado State Forest service's Grand Junction office. Tucker & Frase Special Use Permit Application 10 Apri127, 1996 • • In addition, state foresters have advised us to do some small clear cuts, 7 to 12 acres in size in the mature aspen stands. This will provide for regeneration in the decadent aspen stands which will provide food for Elk and Deer and return portions of the stand to sub -climax. Scope Of The Project: Foresters estimate there is 20 to 25 million board feet of timber on this property. The proposed selective harvest will take 8 to 11 million board feet of conifer and 100 M cubic feet of Aspen. Time Frame: This initial harvest will be conducted over two working seasons, extending from mid-June to mid-December. Within the Beaver Creek drainage it is desirable to do as much of the tractor yarding as possible when the ground is frozen or covered with snow. This will lessen the potential for compaction within the drainage and lessen soil disturbance. However, because of the heavy snowfalls that are typical at these elevations, winter logging over the majority of the project area is unlikely. Some residual work may continue beyond the end of the second work season. Rate Of Production: To harvest 4 to 6 million board feet per season, the logging contractors will need to produce an average of 10-12 Toads per day, 5 days per week, for 6 months of each year. Employment: The timber will be shipped to various mills in the area for processing. It was originally planned that much of the spruce and fir timber will go to a Louisiana Pacific mill in Walden. However, due to the shortage of timber supply that mill has closed. Currently, no buyer for the logs has been chosen. The road construction, logging and hauling operations will create up to 27 jobs in the Rifle area. Some of the logging and hauling will be done by local contractors and local people. However, non -local companies must be employed as there is no helicopter or cable logger in the area. The logging and trucking work should create additional employment and generate added revenue into the economy of the Garfield County area. Local Business: In addition to the direct payroll, a substantial portion of the maintenance and supply purchases by the logging & trucking contractors will be made in the Rifle and Glenwood Springs general area. Project Access: It is presently anticipated that access will be needed across USFS property in sections 24 and 25, T7S R94W in the Beaver Creek drainage. Route Location: The proposed route through USFS lands is detailed on the accompanying maps. It will begin in the southeast portion of Section 24, T7S R94W and follow an existing road westerly approximately 700 feet. From that point a switch back will be installed and the road will head southerly for approximately 3600 feet at an average grade of 8% through section 25 to the exiting Beaver Creek road. The route follows the existing road another 1200 feet to the Tucker and Frase property. Existing Vegetation: The route is through sparse stands of aspen with scattered conifers. The understory vegetation comprised of snowberry, willow, chokecherry, serviceberry, cinquefoil and grasses and forbs. Tucker & Frase Special Use Permit Application 11 Apri127, 1996 • • Length & Grade: The route involves approximately 6000 feet of road through USFS property proceeding uphill through open Aspen and conifer stands at an average grade of 8%. The route has been flagged and stationed (see engineering drawings -included with this application). Type Of Road: Tucker & Frase proposes to build a one lane road 12' to 14' wide, with turnouts at intervals. The road will be constructed to USFS specifications for this type of haul road. Surfacing: The surface will be covered in mag -chloride. The soils visible on the surface are a silty, cobbly loam that becomes very slippery and sticky when wet. Base rock will be placed as needed where the bearing capacity of the subgrade proves to be inadequate to carry the truck traffic, to provide a tractive surface after rain showers, or to control dust and erosion problems. Revegetation: Recent Forest Service experience with revegetating similar road cuts indicates that best results will be achieved if the brush and slash in the right of way is left with the topsoil, and placed back on the cut and fill slopes. This method seems to yield quicker regrowth of ground cover plants, and better erosion control of -the bare slopes, than other methods. Revegetation Method: Road cuts and fills will be seeded with the following seed mixture and the rate of 15 pounds per acre and mulched with alfalfa: 3# Mountain Brome 1# Creeping Red Clover 3# Slender Wheat 2# Timothy 5# Winter Wheat 1# Alsike clover . 15 # total 20.0% 6.7% 20.0% 13.3% 33.3% 6.7% 100% Drainage: Drainage ditches will be cut on the high side of the road. Culverts will be installed in visible drainages and rolling dips installed every 3001± on continuous grades. Timing & Duration Of Construction: The basic road construction work will likely take 4 to 6 weeks. The work will begin as soon as all permits are in place, but not during freezing weather nor when the route is excessively muddy. Temporary Work Areas: A staging area will be needed for equipment maintenance and culvert storage. Several areas will likely be needed to store aspen cleared from the right of way. Tucker & Frase Special Use Permit Application 12 April27, 1996 • • Addendum Item 11: Statement of Need Tucker & Frase purchased this property for the purpose of harvesting timber. There are excellent stands of Engelmann spruce and alpine fir on the property which is over mature and ready for harvest. The partners plan to selectively harvest a portion of the larger, mature trees, leaving healthy stands of younger, vigorous conifers and openings which will sprout with aspen. They also intend to develop a road system throughout there ownership so that they can effectively manage there property for other multiple use of the forest which will include, recreation, wildlife enjoyment, watershed protection and fire prevention. Access through Public Lands is needed because the parcel is wholly surrounded by Public Land: private access is not possible. At the present time, the economics of the timber harvest are viable, and the -Partners are prepared to proceed with it. Cost Of The Proposal: There are several elements included in the cost of this proposal, which for present purposes includes all roadwork beyond the gate separating County Road from private road: 1. Improve Existing USFS Road : 0.40 Mile @ $20,000 / mile = $ 8,000 2. Construct New Road Across USFS to Tucker & Frase Property: 0.75 Mile @ $44,000 / mile = $33,000 Estimated Cost $41,000 Our estimate of the cost of new construction for this kind of road is comparable to Forest Service estimates for similar work. Operation and Maintenance Costs will include drainage maintenance, twice annual blading operations, and 50 tons of "make up" gravel each year. For the truck traffic contemplated by the proposal, it is reasonable to allow $2,000 per year for this maintenance. Cost Of The Next Best Alternative: Since the property is surrounded by public lands, the only access to the timber is through public lands. Any alternate route through public lands will involvesubstantially greater distances thorugh even more difficult terrain and higher costs. Expected Public Benefits: This project is expected to add 8 to 11 million board feet of lumber to the nation's lumber supply. This is enough to build 2200 homes, to shelter 2200 families, which represents about 8800 people. Tucker & Frase Special Use Permit Application 13 April 27, 1996 • • This project will provide employment directly for 4 to 27 people for three seasons, and will indirectly support employment throughout the area as the payroll cycles through the economy repeatedly. Garfield County and the City of Rifle will receive greater tax revenues from multiple sources directly as a result of this project. The new road will allow for a better access route for public agencies for management purposes. Replacing the existing Beaver Creek Road will prevent further water quality degradation. The present road is steep, Tacks adequate water breaks and is within the riparian corridor. Replacing the existing road will result in cleaner water into the City of Rifle's water treatment facility. The improved access will benefit any needed fire. suppression activites and substantially reduce response time in the event of a fire and allow for the deployment of Targe attack teams from State and Federal agencies in the event of any wildfire approaching the range or moving across the forestlands of the adjacent owners , the U.S.F.S. or B.L.M. The timber harvest will: 1. Improve the big game habitat by creating open spaces where grasses, forbs and aspen sprouts will increase the available food supply. 2. Increase timber growth rates by providing more light and nutrients for the present regeneration. This will benefit the public through enhanced timber supplies. 3. Will reduce the moisture consumption by removing the large and mature trees, and thereby increase the amount of runoff available for irrigation for a decade or more. The openings increase the snow pack by allowing snow to build up on the ground where it can add to spring runoffs rather than being interrupted by tree limbs where it evaporates into the air. 4. Reduce fire hazard, and improve resistance of the stand to insect infestation, by removing the old and dying timber. This helps ensure the long term health of the watershed, upon which area ranchers and the City of Rifle depend. The reduction of the fire hazard will also reduce the liability of the Fire District. 5. Remove diseased, dead and dying timber thereby improving the forest health. 6. Enable property owners to sell logs at an excellent price due to the high demand caused by lack of timber and lumber products. If delayed extensively, we will loose the timber to disease and rot, and possibly fire. 7. Group selection will result in openings within the over -mature, climax forest which will create scattered islands of sub -climax forest and improve biodiversity. Tucker & Frase Special Use Permit Application 1 4 April27, 1996 i • Other Uses: The property will also be used for the hunting opportunities it presents which should be improved with the additional forage. The owners will continue to use the property for vacation and recreational camping. Summer cattle grazing, which was allowed in the past, may again be considered after the harvest is complete. Addendum Item 12: Statement Of Effect On Area Population Positive Effects: 1. Social Impacts: Employment and the Economic Base: This project will put people to work. Timber harvesting operations will directly employ people in the Rifle area. The project will strengthen employment at maintenance and supply houses in the area. It will improve the economic base for Rifle and surrounding towns by creating an "export" industry that utilizes local labor and a local renewable resource which markets the product nationwide. This industry will make it possible for a few more young people in Rifle to find employment and stay in Rifle, rather than having to travel elsewhere to find work. 2. Irrigation: The timber thinning operation will increase the amount of water available in the West Mamm, Beaver, and Porcupine, drainages, because fewer trees will be using water upstream of the agricultural interests. Additionally, the snowpack will be increased because less snow more snow is deposited on the ground where it is slowly released during spring runoff. This should benefit ranchers and the City of Rifle who depend upon water from these watersheds. 3. Recreation: The Partners are prepared to negotiate reciprocal trail easements for Forest Service personnel access in exchange for access up the Beaver Creek drainage through Forest Service lands. When the timber harvest is complete, National Forest lands above the Tucker & Frase property will be more accessible by road for management activities and fire control. However, roads on Tucker-Frase property may be closed during calving and fawning if requested by the Colorado Division of Wildlife. 4. Forest Service: This project will improve access to presently inaccessible areas in the National Forest, at little or no cost to the Forest Service, enhancing potential Forest uses. 5. Tax Base: Loggers & truckers will spend much of their pay in and near Rifle, enhancing sales tax receipts of both the City of Rifle and Garfield County. The log hauling operation will increase Garfield County's share of highway use tax receipts. Ownership taxes on trucks and equipment will also increase County tax collections. Tucker & Frase Special Use Permit Application 15 Apri127, 1996 • • 6. Renewable Resource: Timber is a renewable resource. The removal of a portion of the timber stand will promote forest health and increase growth and yield. Utilization of over -mature timber in broken and wind thrown stands will reduce the potential for fire which was so costly in terms of human life 'and property damage in 1994. 7. Big Game Habitat: The openings created by the timber harvest typically produce an abundance of forage for deer and elk populations. Increases in forage will allow herds to go into winter fatter and healthier and increase game populations. This should increase hunter visits to the area, and increase hunting receipts for area businesses. 8. Grazing Rights: When the timber harvest is complete, it is likely that portions of the property will become available for summer grazing by livestock. The enhanced growth of forage and ground cover plants after a logging operation makes livestock grazing a natural prospect for future use. 9. County Roads: County Roads leading to the work areas may need to be improved by Tucker and Frase in order to accommodate the additional truck traffic. The widening, straightening, and surfacing work will continue to serve the County long after this timber harvest is complete. 10. Watershed Protection: The timber on the Tucker & Frase property has never been harvested, and thus. contains a significant population of over -mature and dying timber. Such timber stands are vulnerable to disease and insect infestation, and subsequently to fire. About the worst thing that could happen to the City of Rifle's watershed on Beaver Creek would be a forest fire at the headwaters. Removing a portion of the Spruce and Fir by removing the old, over -mature, and dying timber will significantly reduce the fire, hazard in the watershed. Negative Effects: 1. Traffic: There will be additional traffic on the County roads leading to the work areas. Trucking is expected to average 10 to 12 loads per day during the working season. Logging operations will likely generate another 12 vehicle trips daily. 2. Road Dust: Traffic on the gravel roads will generate dust. The Applicant is prepared to apply dust control agents (such as magnesium chloride) to county roads where dust is an issue for adjoining owners and users, and to all haul roads that pass within 500' of an occupied residence, on a once per year basis beginning with the first timber harvest and continuing until harvest operations cease. Tucker & Frase Special Use Permit Application 16 April27, 1996 • • 3. Road Damage: Log truck traffic will cause some damage to the roads leading to the work areas. The Applicant is prepared to undertake some road improvement work before hauling begins, and to help maintain County and private roads while hauling is occurring. When the timber harvest is complete, the applicant will undertake such remedial work on the haul roads as is necessary to ensure that the roads are at least as good after the project is complete as they were before the it started. Tucker & Frase wants to be a "good neighbor" and does not want the condition of roads to the work areas to become a divisive issue in the community. The Applicant understands that Garfield County closes county roads to heavy traffic during spring breakup, which can occur any time between January and May. This should not have a significant impact upon logging operations, because it is usually not possible to work in the high country because of snow and mud during that period. 4. Population Change: Tucker & Frase's timber harvest project will no doubt cause some people to move to the area for the work, but to the greatest extent possible the work will go to local people. Migration to Rifle will be modest, and should have no appreciable effect on Rifle area schools and infrastructure. 5. Watershed Impact: Log yarding, loading and road construction expose soil to possible erosion. Mitigations will include reseeding and mulching cuts and fills, proper timing of harvest operations, placement of waterbars on skid trails, closures of roads, and no harvest zones and equipment exclusion zones within riparian corridors. The Applicants understand this is a public water source, and will make every reasonable effort to minimize or eliminate the erosion potential within the Beaver Creek watershed. Effect on Rural Lifestyles: This project will create outdoor work for outdoor people. It will help to pick up some of the slack created by the exodus of the oil shale operations. It will utilize a local resource, and benefit local people. The only significant adverse effect will be an increase in traffic on some local roads. SUMMARY: This project will bolster Rifle's economy and employment base, creating an export industry based upon renewable resources that will provide a livelihood for area residents. Local tax revenues will be increased. Long term positive benefits will accrue to residents of the area from road improvements, enhanced big game habitat, and watershed management and improved fire protection. The negative effects are mostly traffic related, and will end when the harvest is complete. Tucker & Frase Special Use Permit Application 1 7 April27, 1996 • • Addendum Item 13: Description Of Likely Environmental Effects, & Plans To Protect The Environment A. Air Quality: Dust from traffic to and from the work area should not be a significant factor affecting air quality because mag -chloride or watering. Modern diesel engines used in trucks and heavy equipment run quite cleanly, and are not expected to be a significant source of air pollution. No open burning of any consequence is contemplated. No on-site processing is expected. Mitigation Measure: The Applicants are prepared to implement the dust control measures discussed previously, including mag -chloride or possible gravel surfacing of main haul roads leading to the property and use of dust suppressants near residences along gravel roads. B. Visual Impact: Although some timber harvesting operations have been known to be visible for considerable distances, the proposed project is entirely out of public view. Mitigation Measures: 1. Tucker & Frase plans to selectively harvest only the mature and over mature spruce and fir many of which are diseased, dead or dying. The silvicultural system will be single tree selection, group selection, shelterwood removal and commercial thinning of Engelmann spruce and sub -alpine fir on approximately 945 acres of mature and over -mature stands. This represents Tess than 25% of the ownership and will be done in a mosaic pattern because of the past variety created naturally in nature. Small clear cuts will be used in the Aspen as this is the only viable method for reproduction. The Aspen clear cuts will be Tess than 12 acres, with irregular patterns to mimic natural openings. They will not likely be visible from long distances as most are expected to fie in the valley and not up high on the hillsides. Additionally, the Aspen sprouts very quickly and will soon blend in with the surrounding vegetation. 2. The timber harvesting operations will be on private property, well removed from areas now commonly used by the public. Visual impact of the logging, if any, will be at a considerable distance from most people. 3. Some logging roads on private land may be visible from the valley below until the cut and fill slopes revegetate, but the remaining timber will tend to hide most roads from view from below. The overall visual impact of road construction will be quite modest. 4. The visual impact of the road through USFS lands is directly a subject of this application. The new road will be through areas of Aspen with scattered conifers. It is totally out of view from private property to the north and highway travelers on 1-70. Its construction will allow the abandonment of the present Beaver Creek road which is currently within the riparian zone. Visual impact will be modest. Tucker & Frase Special Use Permit Application 18 Apri127, 1996 • • C. Surface and Ground Water Quality and Quantity: The proposed road will proceed westerly for 700 feet crossing a seasonal watercourse and then proceed southerly for 5300 feet at an average grade of 8%. Over this latter stretch it crosses an additional seasonal watercourse. No crossings of perennial creeks occurs. 1. Surface Water Quantity: The road will tend to intercept some rainfall and spring runoff, carrying it down roadside ditches to culverts or rolling dips (at no more than 400' intervals). Runoff patterns will be slightly modified, but no measurable effect on water quantity is expected. Culverts (CMP) of 12 inches or greater in diameter (see drawings) where the proposed road crosses watercourses . Aside from some minor added flow from road ditches, the road crossings will not influence water quantity in existing streams. 2. Groundwater Quantity and Quality: The effect of the road on groundwater quantity and quality should be below the threshold of measurement. 3. Surface Water Quality: Surface water falling upon or crossing the road as runoff could cause some erosion, and pick up some sediment. No other water contamination is expected. Proposed Surface Water Quality Preservation Measures: a. Road Grades and Surfacing: Although some short, steep pitches will be necessary to take advantage of natural benches, the haul road crossing USFS lands will average 8%. Depending upon soil conditions encountered in the area, it is expected that portions of the main haul road will to be surfaced with base rock. Both the grade limitations and the surfacing will help limit erosion and reduce the sediment load in the runoff. b. Cross Drains: Culverts will be installed as shown on the map. Additional rolling dips will be installed as needed. It is expected that virtually all sediment will be filtered out as runoff from the road returns to the open hillside and begins to flow through existing vegetation. c. Ditches Emptying Into Watercourses: To minimize sediment carried by ditches directly into any perennial watercourses, the Applicants propose to construct small (1 to 3 c.y.) settling ponds, and/or to install straw bale sediment barriers immediately uphill of the confluence of a roadside ditch with a normally flowing stream. This will help to filter out sediment before the water returns to Tucker & Frase Special Use Permit Application 19 Apr1127, 1996 • • any stream. Please note this condition does not exist on the proposed road for which this application is intended. d. Revegetation and Reclamation: The applicants propose to redistribute the topsoil and brush and slash on the cut and fill slopes of the road, as previously discussed. This will facilitate regrowth of native vegetation, and the slash will help to hold the loose dirt in place until plants begin to take root. Both the old slash and the new growth will limit erosion from the cut and fill slopes. The applicant will also reclaim the abandoned portion of the existing road. This will include ripping and reshaping to mimic original land contours, seeding (with an approved seed mixture), mulching and placement of natural barriers (rocks) to discourage vehicle trespass, e. Other Water Quality Concerns: Temporary fuel storage areas will be kept at least 200' from any stream. Any petroleum spills will be cleaned up and the contaminates -taken off USFS lands for disposal in an approved landfill. No permanent fuel storage will occur on USFS lands. Maintenance operations_ during construction will be kept at least 200' from any stream. Porta -Potties will be provided for personnel during road construction. Open trash dumps will not be permitted. Any open fires will be carefully controlled. Toxic chemicals are not used in road construction, and will not be kept on site. WATER SUMMARY: This road project should have little or no effect upon the quantity of either surface or groundwater, aside from minor redistribution of flows. It should have no effect upon groundwater quality, and sedimentation will be the only significant effect upon surface water quality. By limiting grades, 'surfacing some portions with gravel, revegetating, and installing sediment control devices, the net effect upon surface water quality should be minor. D. Control Or Structural Change To Any Stream: This proposed road project will not involve controlling any stream, or any changes beyond installing simple culverts. E. Noise Levels: Road construction will generate some noise, but there are no permanent residences in the immediate vicinity to the proposed road construction or the harvesting operation on the mountain. The noise from the 12 to 15 trips per day by log trucks through town can be mitigated by lower speeds and common courtesy by drivers. This route is commonly and frequently used by mining companies transporting exploration and drilling equipment, personnel and supplies. Tucker & Frase Special Use Permit Application 20 April 27, 1996 • F. Land Surface, Vegetation, Soil, & Soil Stability: Road construction across USFS property will disturb the surface, and remove the vegetation along the road alignment. Cuts and fills will be kept to a minimum, consistent with the need to accommodate trucks. As noted previously, topsoil from the right of way will be stripped and saved for later replacement on the cut and fill slopes to help revegetate the bare ground. Gravel surfacing of portions of the proposed road is planned to reduce surface erosion and to limit dust from traffic. G. Populations 1. Fish: The road project across USFS lands will not cross or disturb soils within any zone 200 feet of any streams presently supporting a fish population. No measurable effect upon stream flows is expected. In the logging areas on private lands, which are not directly a subject of this road construction permit application, the Applicants will make -every reasonable effort to protect the watershed by having no -harvest zones along perennial watercourses, enforcing equipment exclusion zones along both perennial and seasonal watercourses, limiting the harvest to Tight thinnings thereby maintaining timber buffers along watercourses, and by the aforementioned mitigating measures intended to prevent sediment from entering watercourses. Overall, the road project, and the timber harvest it will support, should not have a significant effect on fish. 2. Plants: Road construction through BLM lands will obviously remove vegetation within the road prism. Replacement of topsoil on the cut and fill slopes will aid local native vegetation in re-establishing itself on those slopes. A draft BIOLOGICAL EVALUATION was conducted by Kim Potter of Rifle, Colorado with a follow up Summary report done in June of 1995. A copy of her report is appended to this application. The road will cross any rare plant habitat. 3. Wildlife: The effect of the road construction project on wildlife is expected to be minimal. The new road will replace the present Beaver Creek Road. The abandonment of the old road will likely enhance wildlife habitat because the riparian corridor will return to a less disturbed state. 4. Endangered Wildlife Species: The BIOLOGICAL EVALUATION addresses listed endangered species. The project will have no significant effect on any endangered specie. If any endangered species are encountered, measures will be taken to ensure that operations do not disturb any nesting pairs. 5. Marine Life: No effect. Tucker & Frase Special Use Permit Application 21 Apri127, 1996 Addendum Item 14: Protective Environmental Actions a. Air Quality: The Applicants are prepared to implement the dust control measures discussed previously, including mag -chloride or possible gravel surfacing of main haul roads leading to the property and use of dust suppressants near residences along gravel roads. b. Visible Impact: A minimum amount of vegetation will be removed to construct the road, all bare soil will be seeded and mulched and the road is placed such that it will not be visible to the general public. c. Surface and Ground Water Quality and Quantity: Road surfaces will be graded so that they drain quickly into drainage ditches. Rolling dips will be installed where needed and culverts will be placed at all watercourse crossings; there will be no fords. Drainage ditches will lead to areas of undisturbed vegetation to naturally filter sediment. Where necessary roads will be surfaced with base rock. d. Control or Structural Change to Stream: None planned therefore no protective action needed e. Noise Levels: Noise levels will be restricted by proper muffler systems on equipment and speed reduction through the town of Rifle. f. Land Surface -Stability: Revegetation of all bare soil will be done using seeding and mulch. Cuts and fills will be kept to a minimum to accommodate truck traffic. Top soil will be saved to be replaced over the fills to facilitate revegetation. Gravel surfacing will contribute significantly to the stabilization of the road surface. g. Biological Populations: Construction of the new road will enhance the riparian corridor by allowing abandonment of the existing Beaver Creek Road. Proper drainage structures will protect fish and aquatic life in perennial watercourses and preserve the quality of the seasonal watercourses for amphibians. Tucker & Frase Special Use Permit Application 22 Apri127, 1996 R 4uxutu o CLQCKt'.M. REC # ilAUZgjti Bum./uakir'vetsvg� .ASR D f 159 MILDRED ALSOORF, GARFIELD COUNTY CLERK -- — — CiWIELD 110 Stan fJcc. Poe WARRANTY DEED VIRGINIA -COLORADO DEVELOPMENT CORPORATION, a Virginia Corporation, Grantor, for ten dollars and other good and valuable consideration in hand paid does hereby sell and convey to: David P. Frase, an unmarried man, as to an undivided one-quarter interest; Daniel M. Tucker and Sharon L. Tucker, as Trustees of the Tucker 1988 Revocable Living Trust, as to an undivided one-quarter interest; Clay Tucker, a single man, as to an un- divided one-quarter interest; and Timothy Frase and Stacey Frase, husband and wife, as joint tenants, as to an undivided one-quarter interest; whose address is: 1805 Hilltop Drive, Suite 201, Redding, California 96002, Grantees the following described real property in the County of Garfield and State of Colorado, to wit: All that real property described on Exhibit A attached hereto and made a part hereof by this reference. This conveyance includes, without warranty, all water rights appurtenant to said property. TO HAVE AND TO HOLD the same together with all appurtenances and privileges thereto belonging or in anywise thereto appertaining and warrants title to the same except and subject to building and zoning regulations; U.S. Patent reservations and exceptions, taxes for 1994 due in 1995, an Oil and Gas Lease recorded in Book 792 at Page 928 of the Garfield County records and access limitations, if any, across the White River National Forest. '''"iN.,WITNESS WHEREOF, Grantor has caused its corporate name to be ,@01:1rev.11 subscribed by its President, and its corporate eai to affixed, attested by its Secretary this 7 day of F..� il, , � 4 ••••'� A t t e �s , (Y ,``' I{`{ Brumbac:j ,, Sr. , Secretary : , TATE OF VIRGINIA � )ss. COUNTY OFsiie»e-�i ) VIRGINIA -COLORADO DEVELOPMENT CORPORATION S : Do - d Stewart Pro The foregoing instrument was acknowledged before me thisday of April 1994, by Donald Stewart as President and T.H. Brtlm%. back, Sr_ as Secretary of VIRGINIA -COLORADO DEVELOPMENT CORPORATION, a Virginia corporation. My commission expires: ,)/...f( Witness my hand and official seal. 7? N/) Ti T7,6 • Notary Public MAR- 1-95 WED 13 34 ►r tea for record the licitau au'. A.o, iv / 'Reception, No. ata'clapk P. 02 C SPECIAL WARRANTY DEED THIS DEED, 1,1244 this iiwYK ' day of UNION OIL COMPANY OF CALIFORNIA, a California corporation between • corporation duly orpaniaed and existing welder and by e uie f the taw& of the State of CaIl fornia , grantor, and DAVID P. FRASE, AN UNMARRIED MAN, AS TO AN UNDIVI- DED 1/4 INTEREST; DANIEL M. TUCKER AND SHARON L. TUCKER, AS TRUSTEES OF THE TUCKER 1988 REVOCABLE TRUST, AS TO AN UNDIVIDED 1/4 INTEREST; CLAY TUCKER, A SINGLE MAN, AS TO AN UNDIVIDED 1/4 INTEREST; AND TIMOTHY FRASE AND STACEY FRASE, HUSBAND AND WIFE, AS JOINT TENANTS, AS w1 eAtea1 dDcirlcss aED/a/ i/M` ' i, HDtidViWslI/aid I i'dt1gthHviPltop SDrive, of Suite 201, Redding, *County ofA 6002 State of Cotrodo e s) idI (t SEHn, That the grantor, for areI in ct�nsideration,at the sun ofo1'E�l1,a BbeL�A S AND OTHER GOOD AND VALUABLE CONSIDERATION ($10.00) the receipt and tufflclenGy of which is hereby acknowledged, has granted, sold and conveyed, aril by theur presents dors grant, bargain, sell, Cvnvcy, and confirm, unto the grontee(s) their heirs, successors and assigns forever, all the real property, together with improvements, if any, situate, lying and being in the County of Garfield State of Colorpdo, deskribed as follows: SEE EXHIBIT "A" ATTACHED HERETO AND MADE A PART HEREOF. SUBJECT TO: 1 GENERAL TAXES AND ASSESSMENTS FOR SHE YEAR -1994 AND SUBSEQUENT YEARS AND SUBJECT TO EASEMENTS, RESERVATIONS, RESTRICTIONS, CONVEYANCES, LEASES, COVENANTS AND RIGHTS OF WAY, IN EXISTENCE, IF ANY. ON 0 6 1994, CARM ELO. State Doc. Fee jefe� Bm aka known by street and number as; VACANT LAND, GARFIELD COUNTY TOGETHER with ail and singular the hereditaments and appurtenances thereto belonging, or in anywise appertaining, and the reversion and reversions, remainder arnd reminders, rents, issues and profits thereof, and all the estate, right, title, interest, cloim and demand whatsoever of the grantor, either in tau or equity, of, In and to the above bargained premises, with the hereditaments and appurtenances; TO HAVE AND TO Nbla the said premises obwo bargained and described with the appurtenances, unto the yrOntee(S), their heirs, successors and assigns forever, The grantor, for itself, its successors ord assipra dee covenant and agree that it shall and wilt WARRANT AND fGREVER DEFEND the above•bargained premises In the quiet and peaceable possession of the grantee(6), their heirs, successors and assigns, against alt and every person or persons claimirrg the.wholr or any part thereof, try, through or under the grantor. IN WITNESS WHEREOF, The grantor has caused its corporate name to be hereunto subscribed by its vice President, ,and its corporate scot to L. hereunto affixed, attested by its Assistant Secretary, the day arid year first aboveWritten. Attest:. ..1°" r' R..mgc, fErrar14 Sc>: ietary it +� � \ Jane A. Neal I .r 8y ° STATE ;OF GULOR'ADO C 4,, rpr,ty, °f N The furegotng inftrument was acknowledged before ma this day of UNION OIL COMPANY OF CALIFORNIA a ca1itoLriTa orVora eon a 1Unoca f a Estate DiviVszoCnePre$ident ae Wilnc:a my hehd and affleiot vapl, Hy trxmlisbion expires; ur...i..6,�,- 2. .... r, .:717:t-rrr--r ji . •- �L=i✓: form wa, 168 Rev. 12-45. V E`CIA WARRANTY DEED(Corporation) Escrow t ,(t GO)2-�$ ilerl E14 u21V -rd) C mrd T/ TLE notary r�d;l is ■unv.w Secretary + .L D • • Boox089S ,4ci 403 e EACH A Ordt:z. No. GI2655 All of that oertalM real proparty, tollether with but without warranty any and all water rights appurtenant thereto, if any, deocribed as followas THE SOMME= PARMA A (sIX l 4) or 8VCTI0H TKIR N (13) , ToW rtisip SEyR (7) SOL', RAMC? NINETY-FOUR (24) WEST of THE HIS PRINCIPAL NUIDIAg. THE sbuTH HALF (Si/2) of THE Soul' tRIS L " (s1/2) OP sZeTiota 'XPTEEN (I5) , 'd'OWNSHXP sWEN (7) OMITS, RAM HINE7'X-Y+OUR (94) W$82 OF THE SIXTH PRT1' ciPA n XERwiAlt. MAT OFUMW NO. 3 PART OF CRANE NO. 4 PART 02 MAMI NO, S PART or AtERTA NO, 1 PAM? OF' ALBERTA RQ. 2 PAWL' DV ALWRRTA 14u. ' a PART OF ALaERTA VO. 4 PART OF ALDERMA We . PART dig » . G. OUNIOR No. PART Or 11,c, JUNIOR NO. 2 PART OP P.C. JuNIOR NO. 3 Paw OP VIRGINIA NO. OE ALIC* MO I ALICE NO. A ALICE HO. 3 LITTLE MAUD NO, 1' TATTIA MAUD NO. 3 TATTLE M1 NQ. S LITTLE MAUD 110. 7 LITTLE MAS NC. a ==TM XAAD NO, 11 LXTTLR MAUD N'4, 13, Aim L1TTLE NADA No. 15 01L $SALE KAMA MINING CLAIMS DESIGNATED AS SURVEY NO. 200961 VORACXXO J. PORTION Or SECTIONS TWENTY -POOR AND TWENTV-FIVE AND TEE UNSUR'VEYE0 PORTION OF TOwNSHw» SEVEN SOUTH OY RANGE HrNETY•-POUR ,WEST OP THE SIXTH maNCIPAL MERIDIAN, AS DESGRIA'EO IN UNITED SVATES PATENT RECORDED oscEmlana 17, IRaa IN DOOM 164 AM PAGE 404, ALL IN THH COUNTY Off' OARFIELD STATE, OF coLoDO RESRRVING THEREFROM ALL OIL, GAS, MINERALS LAND PETROLEUM PRODUCTS BELOW A DEPTH OF FIVE HUNDRED 1500) FEET M2SDRED VERTICALLY DOwAiwA D FROM TflE SURFACE CONTOUR OF SAID PROPERTY, AND WITHOUT RESERVING RIGHT OR SURFACE SRX ON THE PART OF COrPARY. EXHIBIT 'A" Page 1 of I STATE OF CALIFORNIA COUNTY OF LOS ANGELES ! SS, ON4 BEFORE ME, MONA D. 9EBERT. NOTARY PUBUC, PERSONALLY APPEARED JANE A. NEAL PERSONALLY KNOWN TO ME TO BE THE PERSON WHOSE NAME fS SUBSCRIBED TO THE WITHIN INSTRUMENT AND ACKNOWLEDGED TO ME THAT SHE EXECUTED THE SAME IN HER AUTHORIZED CAPACITY, AND THAT BY HER SIGNATURE ON THE INSTRUMENT THE PERSON, OR TETE ENTITY UPON BEHALF OF WHICH THE PERSON ACTED, EXECUTED THE INSTRUMENT. ATTENTION NOTARY; THIS CERTIFICATE MUST SE ATTACHED TO THE DOCUMENT DESCRIBED AT RIGHT: WITNESS MY HAND AND OFFICIAL SEAL ->1/7 JO' MOND D. r-IEBERT = ik L COMM. #1006005 -0 �'_ NOTARY PUBLIC • CALIFORNIA LOS ANGELES COUNTY '1 4=.' My Ca ExpiE�iDec. 29, 1997 NOTARY'S SIGNATURE ALTMotg11 THE 1WCRIARTKAIREOU EST£DlELO W ISOPTiONAL i7 COULD PREVZIT FRAU:m4EHf ATTACHL EM OF THS CERT/MATE TO LINALT oRIZED lX c MDr_ TITLE OR TYPE OF DOCUMENT SPECIAL WARRANTY DEED NUMBER OF PAGES 2.2AGES DATE OF DOCUMENT 416194 CAPACITY OF SIGNER: ASSISTANT SECRETARY SIGNER REPRESENTS; UNION OIL COMPANY OF CALIFORNIA OBA UNOCA! SIGNER(S) OTHER THAN NAMED ABOVE J. D. MURPHY • i STATE OF CALIFORNIA r COUNTY OF LOS ANGELES p SS- ON APRI L j,% BEFORE ME, MONA D. HEBERT. NOTARY AUBUC, PERSONALLY A KNOWN TO ME TO 8E THE PERSON WHOSE NAME 1S SUBSCRIBED TO THE WITHIN INSTRUMENT AND ACKNOWLEDGED TO M AT HE EXECUTED THE SAME IN HIS AUTHORIZED CAPACITY, AND THAT BY HIS SIGNATURE ON THE INSTRUMENT THE PERSON, OR THE ENTITY UPON BEHALF OF WHICH THE PERSON ACTED, EXECUTED THE INSTRUMENT. WITNESS MY HAND AND OFFICIAL SEAL. NOTARY'S SIGNATURE ATTENTION NOTARY: ALTHOUGH -HEIMIORLtTEM REQUESTED BELOW 16 OPTIONAL, PT COU LD PREVENT WW1 DU ENTrtTTACHMEW Of THIS CERTIMATE TO IMAM WJRQEDDOCULIE Pa THIS CERTIFICATE TITLE OR TYPE OF DOCUMENT SPECIAL WARRANTY DEED MUST BE ATTACHED TO THE DOCUMENT NUMBER OF PAGES 2 PAGES DATE OF DOCUMENT 4/6/94 DESCRIBED AT RIGHT: CAPACITY OF SIGNER: VICE PRESIDENT. UNOCAL REAL ESTATE DIVISION( SIGNER REPRESENTS: UNION OIL COMPANY OF CALIFORNIA SIGNERS) OTHER THAN NAMED ABOVE JANE A. NEAL MONA D. HEBERT COMM. #1006D05 ,1 NOTARY PUBLIC •CALIFORNIA LOS ANGELES COUNTY fir/ My Comm- Expires Dec. 29,1997 THE "CAN DO"COMPANY • Dctvid Levy RPF lic. # 1976 Phone (916) 265 - 4891 • Mobile (916) 764 - 8301 Fax (916) 265-1976 Garfield County Planning Dept. 109 8th Street, Suite 303 Glenwood Springs, CO 81.601-3303 Attn. Mark Bean 305 RAILROAD AVE SUITE 7 P O BOX 1797 NEVADA CITY CA 95959 March 3, 1995 Enclosed are 17 copies of the Forest Management Plan for Teepee Park in Garfield County. we have prepared this management plan on behalf of Tucker & Frase. Please note that the top copy is for you as it contains a copy of the deed noting legal ownership of the property. We thank you for your attention to this plan and hope that it reviewed in a timely manner. We will attempt to contact approximately 10 days to discuss the matter further. can be you in If you find that you need additional information or clarification on this Forest Management Plan, please contact us and we will be glad to discuss this matter with you. Sincerely, David E. Levy David Levy Forestry Services 1-"okF Si /4-4,0/1/.4‘zexicAir Pziflj TYPICAL ITEMS TO INCLUDE IN A "LOGGING PLAN" 1. Description of area to be logged: - Terrain - Slope - Aspect I - Soils-- - Streams, Ponds - Wildlife - 1oc.L) - Property boundaries, delineation on the ground? - Current access, roads -Timber types - per acre volumes -species composition - average dbh, ht, and stocking level 2. Proposed silvicultural prescriptions by timber type: -What is the long term silvicultural objective? - Silvicultural system (group selection, clearcut, shelterwood, selective cut, etc.) -Location of proposed harvest areas, how marked? - Size of proposed cutting units -Protection of residual stands - Regeneration requirements (natural or planted) -Slash treatment (lop & scatter, piled, max. height) - Utilization standard, stump height standard - Streamside buffers (min. width, locations on map) -Wildlife impacts? - Post harvest condition defined - Map of above 3. Proposed Logging Systems: Sa-v^J -Systems to be used (co ientional, cable, helicopter, etc.) - Cutting system (saw, J hear, etc.)/, /y+b:ni (a..G -Limbing & bucking in the woods ori whole tree skidding and yarding. - Proposed haul syst 7l � -haul route-�e,1?f`fA44--/ rait-' ''.4.2`'44^, lG .."- /s.--,4,.. ."- !� -road locations, both existing and planned `, � -road specifications (grade, width, surface, etc,)_",,j/ _ /L'' U� � S -expected number of loads per day �"�o-�-- lai11 ofd t. -maintenance requirements (dust abatement, shut -down elk/ k I criteria) 0 y -stream crossings (#, type, locations on map) -public access and safety considerations f,{c3 i • 4. Proposed Rehabilitation Guidelines: -Closure of skid trails and haul roads? - Revegetation of roads, skid trails, landings, etc. - Reseeding (for erosion and noxious weed invasion) - Replanting requirements 5. Schedule of Operations: - Approximate annual cut -Start and stop dates -Seasons of operation (wildlife impacts?) 6. Potential Impacts and Planned Mitigation: - Soil and water resources - Fish and Wildlife Habitat - endangered plant/animal species? - hunting season impacts - Fire protection (stop logging criteria?) - Neighboring landowners and communities -Recreation and aesthetics - County/State infrastructure impacts (roads, bridges) - Ton/mile fees? 7. Enforcement of logging plan: -Who will enforce approved plan? -Bonding requirement? - Violation notification and remediation requirements - Appeal procedure (arbitration requirements)