HomeMy WebLinkAbout07.0 BOCC Staff Report 02.10.1997• •
BOCC 2/10/97
PROJECT INFORMATION AND STAFF COMMENTS
REQUEST: Special Use Permit for natural resource
extraction for a commercial logging operation
APPLICANT: Clay Tucker, Sharon Tucker, David Frase,
Timothy & Stacey Frase
LOCATION: A tract of land located in portions of Sections
30 & 32, T7S, R93W; Sections 15, 22-27,
35,36, T7S, R94W; and Sections 5-8 T8S,
R93W of the 6th PM; more practically
described as a tract of land located
approximately eight (8) miles south of Rifle,
off of Beaver Creek road (CR 317).
SITE DATA:
WATER:
4464 acres
Drinking - hauled on site
Fire - pumper truck during fire season
SEWER: N/A
ACCESS: County Road 317
EXISTING ZONING: A/R/RD
ADJACENT ZONING: A/R/RD & O/S
I. RELATIONSHIP TO THE COMPREHENSIVE PLAN
The parcel is located in "Unclassified Lands" of the Garfield County Comprehensive Plan.
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II. DESCRIPTION OF THE PROPOSAL
A. Site Description: The site is located primarily in the Beaver Creek drainage and is
the headwaters for Porcupine Creek, Spruce Creek and West Mamm Creek. (See
Application) The site contains topography that slopes generally to the north, that
varies from gentle slopes to vertical cliffs and elevations ranges from 8,700 to
approximately 10,270 feet. The property contains a number of Engelmann Spruce -
Alpine Fir, Aspen and Gamble Oak stands mixed in with riparian and high mountain
meadows. There is a small cabin located in Teepee Park and another one on the
ridge north of Houston Mountain.
B. Project Description: The applicant is requesting a special use permit for a
commercial logging operation in Teepee Park area of Beaver Creek. The request to
allow the logging of 1454 acres of non-contiguous aspen, Engelmann Spruce and
Alpine Fir stands on the 4464 acre tract of land. The applicants propose to cut
between 8 to 11 million board feet of Engelmann spruce and Alpine Fir and 1090
cunits (cunit = 100 cubic ft.) of Aspen over a three (3) year period after all permits
are approved.
The applicants propose to harvest the timber using a variety of different
silvicultures:
Group Selection: Small groups of trees (less than 2 acres) are selected for
harvesting.
Shelterwood Removal: In Multistoried stands, selective cutting of either the
overstory or understory or combination of both results in a healthier stand of
trees.
Single Tree Selection: In stands where wind fall risk is low, individual trees
can be selected for removal
Commercial Thinning: In stands that are relatively even -aged, the leave
stands should have increased growth rates.
The application notes that the forest is advanced in age and, generally the stands have
deteriorated to different degrees and are not uniform. This will require the applicants
to use a variety of silviculture techniques in the harvest. These silviculture techniques
are intended to "create openings that will benefit wildlife and generate new, healthy
stands of Aspen, reduce fire danger, and improve forest health in the Engelmann
spruce/ Alpine Fir type by removing over mature, damaged and diseased trees while
promoting forest diversity."
The applicants propose to use three different yarding methods: tractor yarding, cable
yarding and helicopter yarding. The tractor yarding technique will be used in areas
with slopes less than 50% and the cable yarding technique will be used on steeper
slopes in the Beaver Creek and Porcupine Creek areas. Helicopter yarding will be
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used on the steepest areas in which roads cannot be built. There will be no hauling
of timber off of the property by a helicopter. (See map Application)
To harvest the timber it will be necessary to add approximately 8.3 miles of roads to
the existing 3.8 miles of road on the property today. An adequate road system is
necessary to remove timber, move equipment and to adequately protect the
watershed form fire. Roads will be private unsurfaced single lane roads with turnouts
at appropriate locations. Roads with water protection zones will be surfaced with
gravel a minimum of 35 ft. each side of culverts. (See map Application) All road
cuts within 200 ft. of a perennial watercourse will be seeded with a mix already
tested on portions of the property and inspected by City of Rifle and Forest Service
representatives. The public will be allowed to travel through the property on the
historic access to the public lands located above the property, but all other roads will
be gated and or marked no trespassing.
It is estimated that there will be 10 - 12 loads per day during the working season.
Log trucks will be 5 axle, with a maximum weight limit of 70,000 lbs. The haul
route is proposed to be from the property through a portion of National Forest to
County Road 317, to County Road 320 to the Rifle I-70 Interchange. Worker access
and related trips is not identified in the application. The applicants note the potential
for conflicts with other traffic and have proposed to schedule truck hauling during
hours that will not conflict with children loading and unloading from school buses.
The applicant has proposed verbally to make improvements to roads prior to hauling.
This has included the addition of hard surfacing to C.R. 320, widening the Beaver
Creek road and to apply dust retardant to roads that pass within 500 ft. of occupied
residences during the term of the permit.
The logging operation will employ between 32 to 44 people, depending upon the
time of year and the needs of the operation. There will be no man -camp on the
property. The working season is expected to be from late June or early July until
snows prevent normal winter operations, which is expected to be in early December.
Winter operations will not occur during periods that the soils are .e('saturated and
are defined as follows:
(a) Soil moisture conditions that result in loss of traction by equipment used
in ground skidding operations, as indicated by increased spinning or churning
of wheels or tracks when compared to normal dry season performance, or
adequate traction can not be achieved without blading wet soil off skid trails.
(b) Soil moisture conditions that result in loss of road surface, puddling of
fine materials on the road surface by trucks or other equipment, and which
could adversely effect the beneficial uses of water.
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Fire safety will be the responsibility of the sub -contractors working on the property.
During the time that fire danger is high, each contractor will be required to have a
water truck or pumper of minimum capacity of 150 gallons, along with a fire plan
to be submitted to the Sheriff. The requirements of the fire plan are specified in the
application.
III. MAJOR ISSUES AND CONCERNS
A. Zoning: Site for extraction, processing, storage or material handling of natural
resources are special uses in the A/R/RD zone district. As a special use, certain
requirements must be met:
5.03
(1) Utilities adequate to provide water and sanitation service based on accepted
engineering standards and approved by the Environmental Health officer shall either
be in place or shall be constructed in conjunction with the proposed use;
(2) Street improvements adequate to accommodate traffic volume generated by the
proposed use and to provide safe, convenient access to the use shall either be in place
or shall be constructed in conjunction with the proposed use;
(3)
Design of the proposed use is organized to minimize impact on and from adjacent
uses of land through installation of screen fences or landscape materials on the
periphery of the lot and by location of intensively utilized areas, access points,
lighting and signs in such a manner as to protect established neighborhood character.
5.03.07
(1) An impact statement demonstrating that the application shall be designed and
operated in compliance with the applicable laws and regulations of the County, State
and Federal governments, and will not have a significant adverse effect upon:
(A) Existing lawful use of water through depletion or pollution of surface run-off,
stream flow or ground water;
(B) Use of adjacent land through generation of vapor, dust, smoke, noise, glare or
vibration, or other emanations;
(C) Wildlife and domestic animals through creation of hazardous attractions,
alteration or existing native vegetation, blockade of migration routes, use patterns or
other disruptions.
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(2) Truck and automobile traffic to and from such uses shall not create hazards or
nuisances to areas elsewhere in the County;
(3) Sufficient distances shall separate such use from abutting property which might
otherwise be damaged by operations of the proposed uses;
(4) Permits shall be granted for those uses only with the provisions that a satisfactory
rehabilitation plan for the affected land be submitted prior to commencement of such
use.
5.03.08
Industrial Performance Standards: All industrial operations in the County shall comply with
applicable County, State and Federal regulations regulating water, air and noise pollution and
shall not be conducted in a manner constituting a public nuisance or hazard. Operations shall
be conducted in such a manner as to minimize heat, dust, smoke, vibration, glare and odor
and all other undesirable environmental effects beyond the boundaries of the property in
which such uses are located, in accord with the following standards:
(1) Volume of the sound generated: every use shall be so operated that the volume
of sound inherently and recurrently generated does not exceed ninety (90) decibels,
with a maximum increase of five (5) decibels permitted for a maximum of fifteen
(15) minutes in any one (1) hour, at any point of any boundary line of the property
on which the use is located;
(2) Vibration generated: every use shall be so operated that the ground vibration
inherently and recurrently generated is not perceptible, without instruments, at any
point of any boundary line of the property on which the use is located;
(3) Emissions of smoke and particulate matter: every use shall be operated so as to
comply with all Federal, State and County air quality laws, regulations and standards;
(4) Emission of heat, glare, radiation and fumes: every use shall be so operated that
it does not emit heat, glare, radiation or fumes which substantially interfere with the
existing use of adjoining property or which constitutes a public nuisance or hazard.
Flaring of gases, aircraft warning signals, reflective painting of storage tanks, or other
such operations which may be required by law as safety or air pollution control
measures shall be exempted from this provision;
(5) Water pollution: in a case in which potential hazards exist, it shall be necessary
to install safeguards designed to comply with the Regulations of the Environmental
Protection Agency before operations of the facilities may begin.
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5.03.12 Access Routes: All conditional uses and special uses must be provided with access
routes of adequate design to accommodate traffic volume generated by the proposed use and
to provide safe, convenient access for the use constructed in conjunction to the proposed use.
The minimum design standards shall be the Garfield County Road Specifications.
The following are the staff and other agencies responses to the applicant's proposal:
5.03.
(1) The proposed operation has no need for fixed utilities; water will be hauled onto the
site for drinking purposes.
(2) The applicant has proposed to make improvements to the existing County roads as
noted previously. A portion of these roads cross over National Forest lands and the
Rifle Ranger District office of the White River National Forest working with the
applicant to get a special use permit for a right-of-way across the National Forest
lands.
(3)
The applicant has proposed two directions once CR 320 is reached from CR 317.
One would go to the Rulison I-70 interchange via CR 320 and the other would go
along CR 320 to the Rifle I-70 interchange. The first route is the longer use of
County roads to access 1-70. The other route is the applicants' preferred route, but
it also puts the logging trucks in more conflicting situations with traffic in the Rifle
area. The Road and Bridge Department has made a number of different comments
regarding the projected road impacts. (See pgs. 1/- /8 ) These comments have
been based upon two studies done as supplements to the original report that address
the physical capabilities of the roads d the
traffic impacts associated with the
proposed timber hauling. ( See pgs. )
Overweight vehicles will be required to obtain a permit from the County Road and
Bridge Department prior to initiating any activity.
Adjacent uses are public lands and the Forest Service has reviewed the plan and will
be issuing their own Special Use permit for a portion of the proposed haul road that
will cross over public lands. Forest Service staff have reviewed the application and
noted some technical changes to the proposed road design, but only one copy of the
notes is available on a map format that is to large to copy for this report. The maps
will be available at the Planning Commission meeting.
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5.03.07
(1)(a) Surface Water Impacts: Surface run-off and pollution will be controlled as a part of
the Teepee Park forest management plan through the use of various erosion control
methods and revegetation identified in the plan. Additionally, the Beaver Creek
watershed is a domestic water supply for the City of Rifle and is subject to permitting
requirements of the City regarding water quality protection. The City staff and
engineering consultants have reviewed the application and recognize that the
management plan could provide the water quality protection needed, provided some
additional details can be provided and verification of the practices is done during the
actual operation. (See letters pgs. 35 -" 31 ) There have been a number of
comments from property owners down stream of the proposed logging operation
about the potential impact on their water rights, due to the removal of vegetation.
The primary concerns have focused on the potential for an early flow of water,
exceeding the landowners ability to store and utilize the water. These comments are
included in the letters submitted by nearby and adjoining properties. The applicants
have provided additional information that supports the contention that they will be
an earlier flow of water, but for a longer period of time. (See pgs. , ;F3- / )
(b) Impacts on Adjacent Lands: Impacts on adjacent lands are projected to be from
engine exhaust, dust, smoke from slash burning and noise from equipment. Since the
adjacent lands are public, impacts should be negligible and temporary in terms of
times. In addition to the possible impacts to water flows, property adjacent to the
proposed haul route may experience dust from additional vehicles, but the applicant
is proposing to mitigate those impacts through the use of dust retardants in areas
within 500 ft. of residential structure. While it is not addressed in detail, it appears
that the helicopter yarding could impact nearby property, if it were to occur during
early morning or late evening hours. Staff suggests that any helicopter yarding only
occur during the hours of 7 a. m. to 5 p. m., Monday through Friday.
Enclosed are comments from an adjacent property owner regarding his concerns
about the impact of the proposed logging operation on his property and his neighbors
property. Additionally, included are deeds for the access road through the Bishop
property that the Forest Service Supervisor has provided an opinion that the proposed
special use may u� ej the easement for the purpose of hauling logs out of the area. (See
pgs. `�2 -- 1 ) This is an issue that has been a subject to a great deal of
contention since the initiation of this process and the Planning Commission felt that
there is enough of an issue here that the applicant should have to bear the burden of
proving access by getting a court to review the matter and render an opinion, at the
expense of the applicant.
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(c) Wildlife Impacts: The applicants have met with DOW representatives, who agree
that much of the "dark timber" is to thick and harvesting would increase food
supplies. One of the management plan objectives is to enhance the wildlife habitat.
The landowner will discourage the use of ATVs on the property, to minimize
disruption to deer and elk populations. Harvesting will be restricted to avoid calving
areas.
(2) Truck and Automobile Impacts: In the previous comments on road issues is a
preferred haul route. The applicants have identified a need for an inch and a half
overlay of C.R. 320 from the intersection of Beaver Creek road and C.R. 320 to the
City of Rifle. Additionally, the applicants have identified a need for some
improvements to the Beaver Creek road, that would minimize the traffic conflicts
between the timber hauling activities and other local traffic.(See pgs. 50 —57)
The applicants would also be subject to restrictions of use and maintenance of the
road surface along with other users of the road.
(3)
A related issue that needs to be addressed is the days and hours of hauling. The
applicant has proposed to operate between the hours of 6 a.m. and 6 p.m., Monday
through Saturday and that hauling would not occur during the hours that children will
be getting on and off school buses. Staff would recommend that hauling only occur
Monday through Friday, rather than Monday through Saturday.
Distance from adjacent property: No activity will occur on adjacent Forest Service
property without the permission of the Forest Service.
(4) Site Rehabilitation: The applicant proposes to have all timber haul roads and yards
reseeded and/or barred and stabilized to eliminate erosion. All streams will be left
with a buffer of undisturbed areas and slash will be windowed strategically to
eliminate erosion. The Colorado State Forest Service has reviewed the management
plan and stated that the harvesting and subsequent revegetation practices appear to
fine in the document, but it is only as good as it is carried out on the ground. The
State Forest Service has noted that they will remain available, on request, to inspect
timber marked prior to cutting, or to evaluate logged areas once work has begun.
(See letter pg. SB )
(5)
Water Pollution: This issue was addressed in the previous comments on water use.
Section 5.03.12
A fmding of a safe access route is tied to the access agreements with the U.S. Forest Service.
The issuance of a permit from the Forest Service should be required, before a Special Use
permit is issued and any recommendations made by the County Road and Bridge Supervisor.
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IV. SUGGESTED FINDINGS
1. That the public hearing before the Board of County Commissioners was extensive
and complete, that all pertinent facts, matters and issues were submitted and that all
parties were heard at the hearing.
2. That the proposed special use conforms to the application requirements of the
Garfield County Zoning Resolution of 1978, as amended.
3. That the proposed land use will be compatible with existing and permitted land uses
in all directions if appropriate conditions are attached to the permit.
4. That the proposed use will comply with all applicable standards contained in the
Garfield County zoning Resolution of 1978, as amended.
5. That for the above stated and other reasons, the proposed special use is consistent
with the best interest of the health, safety, morals, convenience, order, prosperity and
welfare of the citizens of Garfield County.
V. RECOMMENDATION
The Planning Commission recommended APPROVAL, of the proposed commercial logging
operations as a natural resource extraction operation, with the following conditions of
approval j . ^ _t `7 Al
1. That all verbal and written proposals(of the applicant shall be considered condition
of approval, unless specified otherwise by the Board of County Commissioners.
2. That prior to issuance of a County Special Use permit, the applicant rec 've 1
Use from the U.S. Forest Service for a haul route and the appropriate permit
from the City of Rifle for watershed protection. Any additional conditions of
approval attached to those permits shall be considered conditions of approval for this
permit.
3. That all timber hauling on County Roads be on Monday through Friday, between the
hours of 6 a.m. to 6 p.m. That any helicopter hauling will only occur between the
hours of 7 a. m. to 5 p. m., Monday through Friday.
4. The haul route for timber and other overweight service vehicles will be approved by
the County Road & Bridge Supervisor. Additionally, an overweight vehicle permit
will be acquired for each vehicle needing such permit.
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5. That the forest management practices will be monitored for compliance with the
proposed Teepee Park Forest Man t 1 by a consultant agreed upon by the
Board of Cou ty Comm ssionersta tfiap` hcant, a d aid for 1�y the pplica t.
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M rt 4-1w n6W (�, DA r�•ul p+-c err � lnr�
6. Approva of this application is based on the representations of the Forest Supervisor
of the White River National Forest that Forest Service Road No. 824 is a legal right-
of-way for the proposed Special Use permit. It is the responsibility of the applicant
to obtain a declaration of the status of the road from a court with the appropriate
jurisdiction
a.44)4s
7. That prior to the issuance of a Special Use per it, the applicant submit engineered
plans for the construction of intervisible turn is on CR 317 meeting the Forest
Service standards for sizing and spacing. Additionally, the applicant will be
responsible for the acquisition any additional right-of-way necessary for the
placement of the turnouts, without the County's u e oft ower of minent domain.
pra -4-r 17 4/44,4t- ul / cd ‘,//�ti aLG )v L,4.-44-•44.7.
448. That prior to the issuance of a Special Use permit, th applicant shall pay for an
overlay of at least 1 '/2 inches asphalt overlay of Co ty Road 320 from the City
to the intersection of CR 317 and 320, hat is acceptable to the Board
of County Commissioners. A road bond of $100,00Avill be placed with the Road
/L and Bridge Department to be used for the repair of CR 320 due to damage
attributable to the applicant's activities. The bond shall be valid or the period of
time that the applicant is actively logging on their property. 0-0‘-'( 3 /1
9. This Special Use Permit is subject to review for compliance or noncompliance with
performance requirements associated with the issuance of the permit. The applicant
will be required to submit a report one year from the date of approval of a resolution
of approval indicating the measures taken to comply with the performance
requirements of the permit. The Board of County Commissioners will review the
report in a public meeting within 30 days of receipt of the report and may determine
that a public hearing is necessary to consider suspension of the permit or that
conditions of approval must be met before additional activities can occur on the
property.
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