HomeMy WebLinkAbout3.02 Correspondence - James Beckwith 07.26.2002JUL-27-02 02:35 PM
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JAMES A. BECKWITH
Attorney and Counselor at Law
7910 Ralston ltd., Suite 7
Arvada, CO 80002
303-131-9966// FAX 303-431-2803 / E -Mail Ithalner;afflol.coln
MEM.ORANDU M
DATE: July 26, 2002
TO: Carolyn Dahlgren / Assistant Garfield County Attorney
FILE: Tepee Park / GarCo Resolution 97-70
SUBJECT: Corrections to Summary on OFMP
In preparing the formal response, 1 discovered two errors in my citations to the Official Forest
Management Plan. I thought you should know as soon as possible.
Slash: This is discussed in only one place: Pg. 73. The OFMP sets forth the criteria for
trimming limbs: i.e., inches from stump or ground, distance from roads, etc. Notably, it does not state
whether the trimmed limbs will be left in the timber stand or skidded to another location e.g,, a
landing) At Pg. 73, the OFMP does state:
All merchantable culls will be removed from the harvest area if there is an economy
of removal and an environmental benefit,
However, a "merchantable cull" is not slash. It is, instead, a trunk 6 inches in diameter or larger
which is not usable for lumber milting. It could be used for chipping or flaking (say,
at Louisiana
Pacific's now -closed mill in Olathe) to make wafer board. Since that mill is closed - and there is no
other commercial market for chipping or flaking at this time - then there is not an "economy of
removal".
Mr. Bauer's complaint on slash is not the size oflimbs trimmed. Instead, it is the slash piles
at the landing areas, However, the OFMP does not have aprovision ndtsince Rcs.at will, or 97 70 does not state
not, be
done at the landing areas. In the absence of such a provision
otherwise - the landing areas are governing by Best Management Practices,
Dust: Mr. Bauer's complaint on dust is two -fold: (nth OFMP.
MChloride The OFMPher discusses st dust
l
agent (e.g., water); and, (2) not applied in accordance
control at Pg 81 The provision states:
Unsurfaced County and Private Roads: Traffic on the gravel roads will generate dust.
The landowner is prepared to apply dust control agents (such as magnesium chloride)
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JUL-27-02 02:36 PM
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to county roads where dust is an issue fur adjoining owners and users, and to all
haul roads that pass within 500 (ft.) of an occupied residence, on an as needed basis
beginning with the first timber harvest and continuing until harvest operations cease.
Water trucks will be required to be available as needed to water the road system
sufficiently to reduce dust levels during periods of log hauling. (Emphasis Supplied)
For haul roads within Tepee Park, there are neither adjoining landowners or occupied
residences. For GCR 317, there are no occupied residences within 500 ft. of the road - including Mr.
Bauer. Although Katharine Honea has a set of cabins, her complaint regarding dust and noise was
dismissed, with prejudice, by the U.S. District Court. She could not, and did not, prove that she
sustained material damage and, further, that the dust came from logging trucks as opposed to all users
of the road (oil & gas; hunters; etc,).
I thought I should alert you to this oversights ASAP.
Jim Beckwith
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JUL-27-02 02:34 PM
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JAMES A. BECKWITIH
Attorney and Counselor at Law
7910 Ralston Rd., Suite 7 /Arvada, CO 80002
303-431-9966 //FAX 303-431-2803 /E Marl lthamer@aol. corn
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