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HomeMy WebLinkAbout3.04 Correspondence - James Beckwith 09.17.2002JAMES 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 September 17, 2002 Mr. Mark Bean, Director Garfield County Planning Department Garfield County Annex Glenwood Springs, CO 81601 RE: Application: Existing Permit: Applicants: Zone District: Dear Mr. Bean: Amend Special Use Permit Res. 97-70 / Timber Harvest Norman A. Carpenter Intermountain Resources, LLC R/L (Resource/Lands); Extraction Enclosed please find an original and eight (8) copies of the Application for Special Use Permit. As your are aware, the Applicants currently hold and operate a Special Use Permit for Timber Harvesting in Tepee Park, located south ofRifle, Colorado. The SUP was issued on October October 29, 2001, and is based upon Resolution 97-70, rendered on August 4, 1997. Pursuant to your form application, we provide the following data: A. Applicants / Name and Address: Mr. Norman A. Carpenter Tepee Park Ranch 12403 Nacogdoches, Suite 110 San Antonio, TX 78217 210-599-7926 Mr. Christopher C. Meyers, Manager Intermountain Resources, LLC P.O. Box 670 Montrose, CO 81402 970-249-0812 Mr. Carpenter is the owner of the real property known as "Tepee Park". Intermountain Resources, LLC is the logging entity conducting the timber harvest under contract with Mr. Carpenter.. Mr. Mark Bean / Garfield County Planning September 17, 2002 Page Two. B. Applicants' Representative: Mr. James A. Beckwith Attorney at Law 7910 Ralston Rd., Suite 7 Arvada, CO 80002 Telephone, FAX and E-mail in Letterhead C. Legal Description / Copy of Deed These are currently on file with your office under the Existing SUP and Resolution 97-70. D. Scope of Application (Limited): Mr. Carpenter and Intermountain Resources ("Carpenter/IMR") currently hold and operate a Special Use Permit / Extraction from Garfield County. This was authorized by Res. 97-70 (August 4, 1997) and issued on October 29, 2001. [The ensuring 4 years involved resolution of the required right-of-way litigation in Intermountain Resources, Et Al. v. Katharine Honea, Et Al. USDC/ Colorado / Case No. 00 PC 1243] Pursuant to directive of the Garfield Board of County Commissioners (August 5, 2002), Carpenter/IMR must seek approval of any major changes in their operations, as originally described in the Official Forest Management Plan (OFMP) dated April, 1996. Such changes have become necessary. Attached is the Applicants ' Statement of Requested Amendments. There are three groups of amendments to the existing SUP: (1) Amendments for Accuracy; (2) Amendments for Operating Convenience; and, (3) Amendments to Operations, concerning adjustments to yarding areas and new roads to be constructed. The Garfield County Land Use Code (April, 2002), however, does not provide for the amendment of an SUP. Therefore, this application is submitted only for approval of the specific amendments described in the attached Statement.. Except for those amendments, Carpenter/IMR are not seeking any other revisions of the Existing Special Use Permit. Carpenter/IMR reserve the right to object to any public hearings relating to the origial issuance, terms and conditions of the Existing SUP. E. Maps All maps contained in the Statement of Requested Amendments are taken from USGS topographical maps. An Assessor's ownership map is appended to this letter. 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 11 1 �a Mr. Mark Bean / Garfield County Planning September 17, 2002 Page Three F. Adjacent Property Owners: The U.S. Government is the sole owner of lands lying within 200 ft. of the boundaries of Tepee Park. There are two federal agencies involved: Rifle Ranger District U.S. Forest Service 94 County Road 244 Rifle, CO 81650 970-625-2371 Bureau of Land Management U.S. Department of Interior USHwy6&24 Glenwood Springs, CO 81602 970-945-2341 G. Impact Statement Sec. 5.03: Land Use Code (Conditional and Special Uses) In accordance with this section, the Applicants state as follows: • Utilities: Utility installations are not required since there are neither residences nor commercial structures on the property which require such utility installations. Street Improvements: All improvements to Garfield County Road 317, and USFS Road 824 (including the public right-of-way across Katharine Honea's property) were completed, inspected and approved by Garfield County Road & Bridge, and U.S. Forest Service / Rifle Ranger District by October, 2001. All such improvements were in accordance with Res. 97- 70 (GCR 317) and U.S. Forest Service Easement and Construction Stipulation (USFS Road 824 / "VonDette Raod") by Garfield Road & Bridge in accordance with the requirements stated in Res. 97-70. Mitigation of Impacts: The requested amendments (operations) involve the same activities and impacts on neighboring properties as discussed in the OFMP and Res. 97-70. Res. 97-70 and the OFMP were issued and approved by Garfield BOCC to mitigate or avoid impacts upon neighboring properties. The requested amendments do not alter the conditions set forth in Res. 97-70 or the OFMP. The mitigation activities are on-going. Sec. 5.03.07: Land Use Code (Industrial Operations) In accordance with this section, the Applicants incorporate the statements in the OFMP relating to yarding, slash and other harvesting operations. In addition, the Applicants state as follows: Water Usage: The timber harvest operation does not use groundwater nor does it impound surface water (creeks) or surface water drainage. Mr. Mark Bean / Garfield County Planning September 17, 2002 Page Four • Impacts on Adjacent Land: The mitigation activites are set forth in the OFMP, and in the conditions contained in Res. 97-70. Applicants are in compliance with these conditions, and that compliance remains on-going. Truck/Auto Traffic: Res. 97-70 specify the hours of log hauling, the routes for log hauling, the hours of timbering activity, and the means of personnel transport to/from the logging sites. Applicants are in compliance with these conditions, and such compliance remains on-going. Distance From Abutting Properties: The only abutting property to Tepee Park is the White River National Forest. Applicants hold a Special Use Permit from US Forest Service for their activities, and are in compliance with the terms and conditions of the USFS Permit. There are neither residential nor commercial structures abutting Tepee Park. • Mitigation Measures: These are set forth in the OFMP and the additional conditions imposed by Res. 97-70. These documents are currently on file with Garfield County Planning. Attached hereto is the Applicant's check, in the sum of $400.00 payable to Garfield County Planning, covering the requisite application fee. Request is made for scheduling of this matter for public hearing before the Garfield County Commissioners. Time is of the essence in this request, due to the impending Winter Season, and the necessity for immediate road construction. Verifications of newspaper publication, mailings to surrounding landowners and posting of the property will be provided at or immediately before the public hearing. Should you have needs for further data, do not hesitate to contact me. Ydu, A-. ours truly, James A. Beckwith Enclosures TEPEE PARK HARVEST PROJECT INDEX TO REQUESTED AMENDMENTS SUMMARY 1 I. AMENDMENTS FOR OPERATING CONVENIENCE 2 A. Resolution 97-70 2 (1) Personnel Transports 2 (2) Logging Transports / Variable Hours 2 (3) Selection of Harvested Trees 3 B. Official Forest Management Plan (OFMP) 3 (1) Road Building Materials / Storage on Site 3 II. AMENDMENTS FOR ACCURACY 4 A. Vegetation Maps / Harvest Area Size 4 B. Porcupine Fire Road / Main Hauling Road 4 C. Mamm Creek Harvesting 4 D. Marking of Harvested Trees 5 E. Identified Existing and Proposed Roads 5 F. Roads Identification 6 G. Culvert Size Designations 6 H. Watercourse Protective Zones 7 I. Fuels Reduction 7 J. Public Access To and Through Tepee Park 7 K. Personnel / Pertinent Information 8 III. AMENDMENTS RELATING TO OPERATIONS 9 A. Yarding Area Designations 9 (1) Management Objectives / Selective Harvest 9 (2) The OFMP Yarding Zones and Criteria 9 (3) Economies of Yarding Methods / Comparison to MBF Yields 10 (4) Advancements in Tractor Yarding Equipment 11 (5) Revision of OFMP Yarding Maps 11 B. Additional New Roads 12 IV. TIME IS OF THE ESSENCE 13 V. CONCLUSION 13 VII. APPENDICES: A. Tepee Park / Vicinity Map / 1998 BLM Land Status Map / Carbondale B. Tepee Park / Vegetation Types 2002 (USFS Aerial Photos) C. Tepee Park / Slopes Greater Than 50% / 2002 D. Timbco Hydraulics / Materials on Hydro-Buncher E. Tepee Park / Yarding Systems / OFMP 1996 and 2002 Update F. Tepee Park / Roads / OFMP 1996 and 2002 Update ii TEPEE PARK HARVEST PROJECT AMENDMENTS TO OFFICIAL FOREST MANAGEMENT PLAN Summary Request is herewith made to amend the Official Forest Management Plan, April, 1996, ("OFMP") for the Tepee Park Harvest Project. ("The Project" or "Project Area") The requested amendments are in three categories. First, there are amendments for operating convenience. These include personnel transportation, materials storage and other related subjects. Second, there are amendments intended to make the OFMP currently accurate. These include: memorialization of the Porcupine Fire Road as a main interior hauling route; updated vegetation maps; accurate revisions of new and proposed roads; and other similar topics. The final category includes a major amendment to allow expanded tractor yarding, and consequent adjustments to cable and helicopter yarding within the Project Area. As a corollary to the yarding revisions, request is made to build new and additional roads into areas where tractor yarding - as opposed to helicopter yarding - would be performed. This final, and major, amendment is based upon several considerations. First, infestations of the Spruce Bark Beetle, Spruce Budworm and the Western Balsam Bark Beetle have been discovered to be more wide -spread than originally assessed in the OFMP. To reduce further spreading, logging must be performed in areas not originally identified in the OFMP. Second, Applicants employ "state- of-the-art" hydro-bunchers, enabling the performance of tractor yarding on slope 5 5% of less, rather than being limited to 35% or less slopes in the OFMP. This allows expansion of the efficient tractor yarding method into areas where the OFMP either limited itself to helicopter and cable yarding or avoided any yarding at all: such as in West Mamm Creek. . Third, an unemphasized tenet of the OFMP is that the harvest project is both economical and . - - w� Time is of the essence in these major amendments. Winter will be approaching, and road construction equipment is already stationed near the areas of Houston Mountain. We all hope - or maybe "pray" is a better term - for a heavy winter. While the logging equipment can operate in such conditions, road construction is best done before heavy snows. This request is made in comportment with the meeting of August 5, 2002, before the Board of County Commissioners of Garfield County ("BOCC") and Paras. (1), (2) and (9), BOCC Resolution 97-70 [August 4, 1997]. Hereafter, the Permits Holders, Intermountain Resources, LLC and Mr. Norman A. Carpenter shall be identified as "IMR", collectively. A Vicinity Map is attached as Appendix A. 1 I. AMENDMENTS FOR OPERATING CONVENIENCE A. Resolution 97-70 (1) Personnel Transports PROPOSAL: Eliminate Para. (12), Res. 97-70 OR amend Res. 97-70(12) to read as follows: "Personnel involved in the harvesting operation shall be allowed to travel to and from the job site by personal vehicles". Res. 97-70(12) currently requires crew cab pickups to transport logging crews in one group, as opposed to multiple vehicles. Given the working schedule of the crews, however, this has become quite impractical. Personnel in the harvest operation go to work at different hours. For example, the loader operator must be on site for the first truck at 6:00 A.M., while the skidder operator does not start work until 7:00 A.M. MIR therefore requests either deletion of Item (12) from Resolution 97- 70 or the amendment as set forth above. (2) Logging Transports / Variable Hours PROPOSAL: Amend Res. 97-70(3) to read as follows: "All timber hauling over County Roads shall be on Monday through Friday, between the hours of 6 AM to 6 PM, unless, upon approval by Garfield County Road & Bridge, variable hours of hauling outside these standard limits are deemed safe and practicable for public convenience. All helicopter hauling will only occur between the hours of 7 AM to 5 PM, Monday through Friday. (Italicized portion reflects area of amendment) Res. 97-70(3) seeks to provide a balance between the need to haul timber from the Project Area and the amount of public traffic for other uses (school busses, recreational, etc.) on County Roads near the Project Area. The Project Area (Tepee Park) is remotely located from residential areas in or near Garfield County Road 320 (Taugenbaugh Mesa). There are no permanent, year- round residences along GCR 317 (Beaver Creek Road) except within 1/2 mile of the intersection of GCR 317 and 320. It should be possible to comply with the standard 6AM-6PM hauling hours and to arrange for special transports during nightitme or early morning hours. Currently, logging trucks are loaded between 5 AM and 3 PM for transport. During School Season, the transports may conflict with school buses on Taugenbaugh Mesa as well as oilfield equipment operating on GCR 317 and 320. If deemed safe by Garfield Road & Bridge ("GarCo R&B"), logging trucks could operate from 2 AM to 5 AM moving logs from the Project Area. Scheduling of such special hauling hours can be made in advance with GarCo R&B. Accordingly, IMR requests that 97-70(3) be amended to insert the italicized language set forth above. 2 (3). Selection of Harvested Trees PROPOSAL: Amend Res. 97-70(5) to delete the last sentence and substitute the following: "Harvest trees will be marked and designated according to the specifications in the Official Forest Management Plan' The last sentence of Res. 97-70(5) currently requires marking of harvest trees by the Forestry Consultant and the Colorado Division of Wildlife (CDOW). On August 5, 2002, Mr. Brett Ackermann, CDOW, emphasized that CDOW does not, itself, have the expertise for silvicultural husbandry. By comparison, the Colorado State Forest Service, which is not a division of CDOW, has such expertise. In developing the OFMP, Levy Forest Service had consulted with CSFS. Accordingly, IMR requests that Res. 97-70(5) [last sentence] be amended to substitute the italicized language. B. Official Forest Managment Plan (1). Road Building Materials Storage PROPOSAL: Amend OFMP, (Appendix/Water Quality Plan) to read as follows: "Road building materials shall be maintained on-site when deemed practical, or may be obtained or stored at off-site locations for resupply as needed during construction". The OFMP (Appendix / Water Quality Plan;/ Last Page) currently requires storage, on site, of straw, plastic items and other materials related to road building within the Project Area. However, wildlife eat the straw and the finer plastic materials. Tepee Park contains its own source of rock and gravel. When necessary, larger supplies are ordered directly from suppliers in local communities. The logging supervisor makes a daily trip through Rifle, CO, when traveling to and from work. Materials needed for road -building can be obtained in town and delivered to the job site within 2 hours. Accordingly, IMR requests amendment of the Water Quality Plan, in the OFMP to substitute the language set forth above. 3 III. AMENDMENTS FOR ACCURACY A. Vegetation Maps PROPOSAL: Amend OFMP (Pgs. 3-4, 11, 25-28) to reflect current, accurate surveys of vegetation distribution within Tepee Park. SEE: Appendix B. Based on U.S. Forest Service aerial photos (2000), the distribution ofvegetation within Tepee Park can be updated over the distribution originally estimated in the OFMP. Attached as Appendix B is a more current map (2002) of vegetation sites, developed by Mr. William Gherardi, Garfield County Inspector for the project. Distribution of the vegetation is as follows: Conifer (Spruce / Fir) 2,129 acres 51% Aspen -Conifer mix 102 acres 2% Aspen 773 acres 19% Gambel Oak 60 acres 1% Rock 317 acres 8% Grassland 782 acres 19% 4,163 acres B. Porcupine Fire Road / Access Road PROPOSAL: Amend OFMP (Pg. 15) to identify the Porcupine Fire Road as a primary interior hauling route within the Project Area. SEE: Appendix B. As discussed at the August 5th BOCC meeting, the main access road was initially cut as a fire road to fight the Porcupine Fire of July, 2001. After review by the GarCo Inspector (B. Gherardi) and the Rifle Water Quality Inspector (P. Bussone), this road became the main access road for initial harvesting. To make the OFMP an accurate reflection of current land use, EAR/Carpenter request amendment of the OFMP to show the location of the Fire Road as the Main Access Route for timber harvest and hauling. C. Mamm Creek Harvesting PROPOSAL: Amend OFMP (Pg. 26) to reflect scope and need for harvest within Mamm Creek Drainage Area. The OFMP (Pg. 26, 3`d Para.) currently states that "...very little harvesting is scheduled for (the Mamm Creek) drainage....". Based on current surveys of the Mamm Creek Drainage, however, more extensive harvesting is necessitated. The OFMP did not designate the amount of Spruce Bark Beetle, Spruce Budworm and 4 Western Balsam Bark Beetle populations now discovered to exist within the Mamm Creek Drainage. One principle Management Objective (OFMP; Pg. 16) is to reduce the populations of conifer pest infestations in an effort to promote healthy timber stands. Elimination of the beetle population requires selective harvesting to protect the residual stands of healthy trees. This will require changes in the yarding areas and road construction, as discussed elsewhere. D. Marking of Harvested Trees PROPOSAL: Amend OFMP (Pgs. 31-34) to provide that IMR foresters will sample mark stand prescriptions based upon the state silviculture principles identified herein. The timber stands will be sample marked under the supervision of a forester The OFMP (Pg. 31) provides specific procedures for marking trees selected for harvest. Included therein is reference to marking in cable yarding areas. At Pg. 34, the OFMP states that: "...the timber stands will be marked under the supervision of a forester prior to harvesting...". Due to the adjustments in yarding systems areas, IMR/Carpenter propose the change identified above. E. Identified Existing and Proposed Roads PROPOSAL: Amend OFMP (Pg. 43) to identify current mileages of both existing and proposed roads. Based on adoption of the Porcupine Fire Road as a main interior hauling route, together with the proposals for new roads discussed elsewhere in this document, the identification of existing and proposed roads should be as follows: Drainage Distance Existing Roads (6.59 miles total) Beaver Creek 4.77 miles West Mamm 1.25 miles Porcupine 0.57 miles Proposed Roads (8.59 miles total) Beaver Creek 5.15 West Mamm 1.27 Porcupine 2.17 Total 15.18 5 F. Road Identification PROPOSAL: Amend OFMP (Pg. 45) to identify existing and proposed roads within the Project Area. In conjunction with (E), above, the OFMP (Pg. 45) should be amended to reflect the following existing and proposed roads: above. A. Beaver Creek Watershed 1. Existing la 13,600 ft. North gate to Ridge lb 8,200 ft. Road below Ridge 1 c 3,400 ft. Ditch road 2. Proposed 2a 3,200 ft. Spur from Ridge 2b 13,400 ft. Ridge to Tepee to Beaver Creek 2c 5,200 ft. South end to Ditch Road 2d 5,400 ft. Spur to Ridge Mamm Creek 1. Existing 3a 6,600 ft. Ridge to Mamm Creek 2. Proposed 3b 6,700 ft. Mamm Creek to W. Mamm Creek Porcupine Creek 1. Existing 4a 3,000 ft. Ridge to Creek 2. Proposed 4b 11,400 ft. Creek to Houston Mountain Attached hereto as Appendix F is a map showing the existing and proposed roads identified G. Culvert Size Designations PROPOSAL: Amend OFMP (Pg. 49) to reflect revised designations of culvert sizes for the existing and proposed roads. In conjunction with (E) above, the culvert size designations shown in the OFMP (Pg. 49) 6 should be modified to provide as follows: Road Culvert Size Diameter 2b-1 24 inch 2b-2 24 inch 2b-3 36 inch 2c-1 18 inch 2c-2 18 inch 3b-1 36 inch 3b-2 36 inch 3b-3 24 inch 3b-4 24 inch H. Watercourse Protective Zones PROPOSAL: Amend OFMP (Pg. 65, 2"d Para.) to reflect adjustments to cable, helicopter and tractor yarding. Simply delete the last sentence of the 2"d Paragraph. The OFMP at Pg. 65, rd Para. currently states that the majority of timber within the Beaver Creek drainage will be taken out of the drainage by either helicopter or cable yarding. In comportment with the proposed amendments to the yarding methods, this sentence should be eliminated. I. Fuels Reduction PROPOSAL: Amend OFMP (Pg. 73, Sec. G) to substitute specific language and procedures governing slash handling. The subject of slash treatment was discussed at the August 5th BOCC meeting. The OFMP does not currently specify a method of handling slash: i.e., "Landing" vs. "Left -in -Woods". IMR proposes that Sec. G be revised to read in its entirety as follows: Sec. G: The concentration of fuels in the form of logging slash is a major problem in harvest operations. In an effort to reduce the slash and minimize the fire danger, the following practices will be required: (1) Harvest trees will be whole tree skidded to a landing. Limbs will be removed and piled at the landing. The landing will be burned when weather conditions permit safe burning; (2) All merchantable culls will be removed from the harvest area if there is an economy of removal. J. Public Access To and Through Tepee Park PROPOSAL: Amend OFMP (Pg. 77) to provide corrected designation that 7 Tepee Park is not open for public use or access except as provided by agreement between Landowner and U.S. Forest Service. This subject was also discussed at the August 5th BOCC meeting. Portions of the OFMP discuss public access through, or to, Tepee Park. These should be amended to reflect the following position of the Landowner (Norman A. Carpenter) with regard to public use and access. Tepee Park is not open to public use by anyone without the specific, written consent of the landowner. This prohibition extends to all forms of land travel: foot, horseback or motorized vehicle (including snowmobiles). The Landowner has granted to the U.S. Forest Service a public hiking trail corridor, within which corridor the U.S. Forest Service will located and build a trail. Upon completion of the trail, a specific easement will be granted for public use. Until the USFS hiking trail is built, all requests to travel across Tepee Park, at any location, must be directed to the Landowner, the U.S. Forest Service or their designated agents. Without such approval, all passage on or across Tepee Park is considered to be a trespass. K. Personnel / Pertinent Information PROPOSAL: Amend OFMP (Pg. 83, Personnel & Equipment) to prohibit permanent man -camps and reflect existing axle weight limits. The OFMP (Pg. 83) currently specifies that man -camps for logging persnnel will not be allowed. This prohibition may not be viable at various seasons of the year. IlVIR proposes that permanent man -camps will be prohibited. In addition, Para. 2 of this section incorrectly states that the GVW limit is 70,000 lbs. Pursuant to current resolutions of the BOCC, the GVW limit for GCR 317 and 320 is 80,000 lbs. 8 III. AMENDMENTS RELATING TO OPERATIONS A. Yarding Areas PROPOSAL: Amend OFMP (Pg. 42) to: (a) catalog slopes greater than 50% within Project Area; (b) redesignate zones for cable, tractor and helicopter yarding based on improved feller-buncher equipment, economies of harvest, and attainment of Management Objectives; and, (3) authorize adjustments to the percentages of harvest obtained through cable, tractor and helicopter yarding. Without question, this amendment is one of the two major revisions of the OFMP, as that document was originally designed and conceived by Levy Forest Services. To understand the basis for this amendment, it is necessary to provide the original and current background for selective harvest logging. (1) Management Objectives / Selective Harvest The OFMP (Pg. 16) establishes four principal objectives from this timber harvest: • Long-term sustained timber yield by reducing the density of timber stands and removal of older growth trees which are decadent by insects and diseases; • Protection of watersheds and improvement by reduction in "overstory" (old growth trees) thereby reducing the water consumption taken by such older growth overstory; • Improvement of wildlife habitat by removing overstory to allow increases in sunlight penetration that will promote growth of understory: to wit, grasses, forbs and shrubs, and Aspen sprouts; • Improvement of fire -fighting access through road construction and reduction in fire fuels by removal of older growth overstory and dense understory. The OFMP proposed accomplishment of these objectives through the "selective harvest" method: i.e., selection of felled timber based on age, density, disease and other specific silvicultural criteria. Obviously, there were two fundamental assumptions to this method. First, the yarding method employed would be both economical to perform, and safe for personnel to employ. Second, the equipment used - and therefore the yarding method employed - would cause the least amount of soil disturbance to the forested areas. (2) The OFMP Yarding Zones and Criteria The OFMP (Pgs. 40-42) selected three methods of yarding: Tractor; Cable; and, Helicopter. Based on the use of so-called "conventional" logging equipment, the OFMP (Pg. 40) designated the 9 areas for yarding system employment: (SEE: Appendix E, attached.: Yarding Criteria Acreage Percentage Tractor Slopes not greater than 35% 672 46% Cable None specified 456 29% Helicopter Slopes greater than 50% 356 24% Total 1,484 You will note that the West Mamm Creek area of Tepee Park is comparatively ignored for timber harvest. Under the OFMP, this area was substantially omitted from logging, and roads were not designed to be built into these areas. Such omission can not now be countenanced. The Spruce Bark Beetle infestation among Engelman Spruce in West Mamm Creek has been found to be quite high. In addition, populations of the Western Balsam Bark Beetle (which attacks sub -alpine fir species) has been found in the West Mamm Creek Area. The OFMP omits reference to such beetle infestation in the Mamm Creek area. However, one of the stated Management Objectives was to reduce or eliminate conifer pest infestations. (3) Economies of Yarding Methods / Comparison to MBF Yields The OFMP does not identify or discuss the estimated costs per MBF ("1,000 Board Feet") for the differing yarding methods. Based on current costs, these are estimated at: Method Tractor Cable Helicopter Cost $100 per MBF $160 per MBF $245 per MBF Avg.: $168.33/MBF To place these operating costs in correct perspective, it is also necessary to understand "MBF": the measuring standard for the purchase price of unmilled timber. Felled timber is sold to a mill based on the realizable amount of milled lumber that can be obtained. Because trees are tapered, the industry employs a "scaling" method to evaluate the timber. The current method of scaling employed is the Scribner Decimal C, Net Scale Eastside Standard Taper Rules. (More easily referred to as "Scribner Decimal C, Eastside Rules") It is applied only by "Certified Check Scaled Scalers" trained and experienced in its use. It is not necessary to provide an education in the Scribner Decimal C method. Suffice it to say here that a truckload of logs will commonly "scale" at 4.4 (avg.) MBF. Felled timber is currently purchased at $225 per MBF (FOB: forest) . The contract between Norman Carpenter and IMR calls for a variable price of $150-$200 per MBF. Using $225/MBF, a truckload of Engelmann Spruce, having 4.4 scaled MBF, will sell to the mill for $990. That same load, however, will cost $309 (tractor yarding), $494.40 (cable yarding) 10 or $757.05 (helicopter yarding) to remove from the forest. This is without considering the transport costs from forest to mill and other incidental expenses: e.g. re -seeding; road construction, etc.! (4) Advancements in Tractor Yarding Equipment Tractor yarding is the preferred method. It has a lower operating cost. It does not disturb as much soil as cable yarding. It is not dependent upon weather - as is helicopter yarding. Its historical limitation has been the percentage of slope on which the "feller-buncher" would operate. For example, the OFMP limited tractor yarding to 35% or lesser slopes, although some 50% slopes would be permitted. (OFMP; Pg. 40) Engineering advancements in the past 10 years, however, have substantially overcome this limitation. Companies, such as Timbco Hydraulics, have developed "feller-bunchers" which feasibly operate on 50-60% slopes. The Timbco styled feller-buncher is designed to work within dense timber stands since its rotating cab and motor have short movement radii - thereby protecting trees which are not marked for felling. Materials taken from the Internet on Timbco feller-bunchers are attached as Appendix D IMR employs the Timbco styled equipment, which allows IMR to expand the tractor yarding areas initially designated in the OFMP. It appears that the OFMP, as conceived by Levy Forest Services, intended to use conventional tractor yarding equipment, as opposed to the more modern Timbco styled equipment. Using conventional equipment, the OFMP was forced to employ helicopter and cable yarding on over 50% of all harvest activities. Using Timbco style equipment, IMR does not have this limitation. Indeed, its only limitation is the OFMP itself - which should now be amended. (5) Revision of OFMP Yarding Maps Attached as Appendix C is a catalog of slopes greater than 50% within the Project Area. Attached as Appendix E is a revised Tepee Park Yarding Map, showing the revised areas in which: (a) tractor yarding would be increased; (b) cable yarding would be reduced; and, (c) helicopter yarding would be reduced in scope but retained in very steep areas. IMR/Carpenter hereby request an amendment of the OFMP adopting Appendix H under which yarding activities would be distributed as follows: Yarding Criteria Acreage Percentage Tractor Slopes not greater than 60% 1,510 68% Cable None specified 293 13% Helicopter Slopes greater than 60% 412 1 9% It should be noted that the selection criteria for harvesting trees within the Project Area will remain the same as set in the OFMP (Pgs. 31-34). Thus, the amendment merely alters the method 11 by which the yarding occurs - but does not alter the criteria for which trees will be felled. As noted in Appendix H, many of the original Helicopter Yarding areas are preserved by the amendment. This is due to the extreme slopes on which the trees are situated. Cable yarding is reduced by 16% (29 to 13) and Helicopter yarding is reduced by only 5% (24 to 19) Tractor yarding, using the Timbco-styled equipment, is increased from 46% to 68%. B. Additional New Roads Since tractor yarding areas would be increased then access roads must also be built into those areas where the tractor yarding will be performed. Accordingly, IMR requests amendment of the Road Map (OFMP: Pg. 15) to reflect new and additional roads to be cut for the additional areas in which tractor yarding would be employed. These new and proposed routes are shown on Appendix F. Maps showing the overlay of yarding systems and roads are attached as Appendix G. These roads will be constructed to the same standards as set in the OFMP (Pgs. 44, 52-54). All of these roads will remain, after harvest, to serve as fire roads in wildland fire -fighting operations. 12 IV. TIME IS OF THE ESSENCE It is imperative that the new roads - and yarding areas - in the NW quadrant of Tepee Park (near Houston Mountain) be constructed within the next 75 days. Winter - and hopefully a heavy winter - will be upon us within 90 days. IMR's equipment for road construction and tractor yarding is already operating near this NW quadrant. Under the current provisions of the OFMP (Pgs. 64, 83), tractor yarding can continue into the Winter Season.. Accordingly, IMR requests approval of the yarding revisions and new road identification as soon as possible, so that construction crews can prepare for Winter Season. V. CONCLUSION While using sound methodology, the OFMP conceived by Levy Forestry Services was not wholly "site specific" to Colorado timber operations. The OFMP did not, perhaps, foresee the engineering advances in tractor yarding equipment which now enables efficient access to steeper slopes by the Timbco-styled equipment. The OFMP could not, obviously, envision the continued spread of the Spruce Bark Beetle, Spruce Budworm and Western Balsam Bark Beetle infestations to drainages within Tepee Park beyond Beaver Creek. Certainly, the OFMP could not have predicted the severe and extreme drought which has devastated Colorado's forest areas - both public and private - and which compels major "re -definitions" to our conceptions of forest management, silvicultural husbandry, and wildfire prevention. To make the OFMP more "Colorado specific" - and to maximize the efficiencies allowed by the advanced yarding equipment - IMR/Carpenter have proposed the described operating amendments. These operating amendments will not have an adverse impact upon watersheds of either Beaver Creek, Porcupine Creek or West Mamm Creek. Indeed, the Timbco-styled equipment, and the methods of road construction, have not caused any adverse impact upon Beaver Creek: the initial harvest area. Accordingly, Intermountain Resources, LLC, and Norman A. Carpenter request approval of the amendments described herein, and within the immediate future to allow for construction before Winter Season. spectfully sub ted, James A. Beckwith 13 APPENDICES: A. Tepee Park / Vicinity Map / from 1998 BLM Land Status Map / Carbondale B. Tepee Park / Vegetation Types 2002 (USFS Aerial Photos) C. Tepee Park / Slopes Greater Than 50% / 2002 D. Timbco Hydraulics / Materials on Hydro-Buncher E. Tepee Park / Yarding Systems / OFMP 1996 and 2002 Update F. Tepee Park / Roads / OFMP 1996 and 2002 Update G. Tepee Park / Yarding and Roads / OFMP 1996 and 2002 Update APPENDIX A MIL N r N 11111 N 11111 M IMMI I NE N N IN111 INIII I V ;ARBQNDALE. COLORADO Tepee Park /Vicinity Map ; ti t5v r,. "•41,1 iztV. ►t'i`t' (,ARF1LLD CO - MESA CO MP.vNIr r • FS 824 WHITE• RIVER GCR 317 A a {�f�L�L. ..-- •ee AKA Bafflement ; Mesa w), r, C, APPENDIX B I MN NM MI I-- N w- s N N-- OM- M I 4 Vegetation Types 2002 Update Vegetation Types: Conifer (Green) Aspen & Aspen Mix (Yellow) Grass (Pin(} Gambel Oak (Blue) Rock (Red) a 6,--r4 1 --7).i' ... 24 c , > - / 7 4 c : " •to +6 --- N Tepee Park Harvest Project APPENDIX C NMI N M = N M MI ME N M 111111 N 1111111 E E 771 Slopes Greater Than 50% • 1 N Slops Exceding 50% (Blue) All Others (Green) j Tepee Park Harvest Proect APPENDIX D Often Copied... NEVER Equaled Built By Loggers For Loggers Feller-Buncher Innovation Since 1980 1 1 1 1 1 1 1 1 1 1 1 1 1 1 T445 -C i ith gle-mount CTL processor in. uth Wales, Australia - January, 1999 2 In 1972, a northern Wisconsin logger named Pat Crawford patented a tree cutting shear and began looking for a cost-effective machine to mount it on. His first attempt was to modify a Timberjack 404 skidder by reversing the operator's seat and installing the shear on a boom. Pat then purchased a Drott excavator feller- buncher in 1975 and used it for four years. Most of his logging jobs were in national forests and tight selective cuts were becoming very common. The Drott had a large counterweight and a long tail swing which made it almost impossible to selective cut without damaging standing trees. To solve this problem, Pat designed a new boom geometry. Pat Crawford and his inventions "June„�18i _ The new boom geometry located the boom and lift cylinder pivots well behind the center of a rotating turntable. This made the boom's mass act as a counterweight, eliminating the large parasitic counterweight and tail swing. The boom also knuckled over the cab making it possible to cut a tree right next to the machine and then swing with the tree while staying almost within the machine's width. The new boom could also be extended vertically to delimb a tree from the top down. Initially, the new boom geometry was installed on a rubber -tired machine with side-to-side cab leveling, but hydraulic problems meant replacing the tires with tracks. A patent was filed on this machine in February, 1980 and another patent with additional claims was issued in April, 1986. With the success of this first machine Pat asked Larry Klement, who had helped build the machine, to become his partner... Timbco Hyttraulics, Inc. was formed. A small 6,000 sq. ft. shop was built in Shawano, Wisconsin where the first production Timbco Hydro-Buncher was built and sold in July, 1980. In January, 1982, Timbco was challenged to build a 4 -way cab leveling machine. With this challenge, Timbco produced its first 4 -cylinder, 4 -way cab leveling machine in only three months. This new machine was introduced in April, 1982 at the Intermountain Logging Show in Spokane, Washington. The design was a huge success and approximately 600 of the 4 -cylinder, 4 -way cab leveling machines were eventually built. Timbco redesigned the machine again in 1987 to an engine -up configuration with the 4 -cylinder cab leveling being abandoned for a much improved 2 -cylinder design. This new generation T400 Series Hydro-Buncher has proven to be an even greater success. The new T400 -D Series Hydro-Bunchers now offer even more improvements such as lighter and stronger boom construction, an entirely new electrical system, and a 20% increase in cooling capacity. Since its beginning, Timbco Hydraulics, Inc. has expanded five times and as of June, 1999 has produced over 1,550 T400 Series Hydro-Bunchers. Timbco is continuously testing designs for new products like the TF800 Series Hydro-Skidders introduced in 1996. The "Timbco family" still numbers just under fifty employees, all proudly supplying products to loggers around the world. Timbco is a company whose success is built on innovation, integrity, and remaining close to the logging industry. Being founded by loggers, we believe all loggers have a very basic need... equipment that is simple, easy to service and maintain, and has the flexibility to "fit" into their operation. Whether it be on steep slopes, in wet swamps, in tight selective cuts, or with any cutting attachment... Timbco products have, and always will, fulfill that need. 3 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 16 • •.. • • A ..`a•`� T. Timbco's unique 2 -cylinder, 4 -way cab leveling keeps the operator comfortable and productive in a level position, even when working on 51 % slopes. Cab leveling allows the mass of the entire upper structure to be shifted towards the slope to increase stability. To put it in more familar terms, we naturally do the same thing by leaning forward when walking uphill. Timbco's 2 -cylinder leveling system is simpler, "cleaner", and faster than other manufacturer's leveling systems. Cab leveling controls are also very simple and easy to operate, one button for each direction of travel. Compound leveling (leveling in two axis simultaneously), is done by operating the controls for two directions at the same time. Cab Leveling Capabilities Forward Rear 27° (51% slope) 7° (12% slope) Side 20° (36% slope) • illllllrl!IIIlllllllill' 3'31 1 1 1 1 1 1 1 1 1 1 Timbco's current 2 -cylinder, 4 -way cab leveling system has many advantages over 4 -cylinder systems, including Timbco's original cab leveling system used in the engine -down machines. • A 2 -cylinder cab leveling system weighs less and requires fewer hydraulic lines and connections than a 4 -cylinder cab leveling system. • Two cab leveling cylinders can be positioned at the rear -most corners of the leveling mechanism, outside the swing bearing race. This position provides the most leverage and stability because the cylinders are located the furthest away from the leveling pivots and each other. • Every pivot must have some tolerance (play) built into it for assembly purposes. A 2 -cylinder cab leveling system has at least four fewer pivot points, therefore, less built-in tolerance. In addition, Timbco uses its PATENTED tapered hub pin retaining system in the front -to -back and side-to-side pivots, leaving minimal tolerance. • A 2 -cylinder cab leveling system has fewer pivot points to grease and fewer cylinders to maintain. • Timbco uses a solid steel casting, heavy-duty steel weldment, and a 51" (130 cm) diameter swing bearing rated to 1,200,000 Ib. (544 316 kg) capacity for maximum strength and rigidity. Improvements in the T400 -D Series Hydro-Bunchers include larger 6-1/2" (16,5 cm) diameter cab level cylinders with heavy-duty, bolt -on pistons for additional strength and ruggedness. Side -To -Side Pivot Front -To -Back Pivot A) The longer dimension "A" is, the more leverage the cylinders have to level the upper turntable from side-to-side. B) The longer dimension "B" is, the more leverage the cylinders have to level the upper turntable from front -to -back. The longer dimension "A & B" are, the more stable the entire leveling mechanism will be. 17 1 1 1 1 1 1 1 Timbco's PATENTED boom design locates the main boom pivot well behind the center of rotation where the mass of the boom itself acts as a counterweight. This feature eliminates the need for a large parasitic counterweight*. The main lift cylinder pivot is also located behind the center of rotation to allow the boom to knuckle over the cab. This feature allows cutting a tree right next to the tracks and the boom can lift heavier loads closer to the machine with less stress on the swing bearing. The boom can also be extended almost 30' (9,14 m) vertically to delimb a tree from the top down. The Timbco "D" model Hydro-Bunchers also feature new "box -construction" boom weldments. The new design is engineered to produce a boom that is stronger and 1 distributes load stress better. A reduction of weight towards the tip of the boom increases lift capacity at full extended reach. In addition to the standard boom choices, there are three additional boom configurations available. All boom configurations are interchangeable and can adapt to any logging application as required. * An optional 2,100 Ib. (953 kg) counterweight is only recommended on the T415 -D and T416 -D when using cutting attachments weighing over 5,000 lb. (2 268 kg). Tail swing does not increase with the addition of the counterweight. 1 1 1 1 1 1 {gw� P HANDLING DEVICE 5<1 MATERIAL •.ocd, 107) S. Lincoln J. Cr 401 5,4166 X76} Invenmr• Patrick J. of l21.1 ppPl. ho..001,985 %q80 Dec. 21, t221 Filed' ti DOI A9Ptitatinn Related connected at its ,.a boom c Pivotally point spaced to the turntablets of the lower en aom the rotatrn9 a pivotal movement of turntable for the boom in a vertl,ca1 plane over the turntable by mieans of a hydraulic ramconnected at its lower end to the turntable at a IMO intermediate the rotating axis of the turntabi of and Octal connection „ tower end of the boom•.. • 1 1 1 1 Timbco's 4 -bar power link allows fixed boom mount cutting attachments, such as a bar saw, disc saw, or control -fall CTL processor, to be swept through a 152° arc from full back tilt to full forward tilt. This feature is especially useful when working in blow -down timber or for positioning the tree after it has been • felled. When used with a lateral tilt cutting attachment, a felled tree can be dragged in and placed right alongside the machine parallel to the tracks or even dragged past the machine to skidders. • Large 5" (172 mm) diameter, 40" (102 cm) stroke attachment tilt cylinder has an induction - hardened and chromed rod for maximum wear resistance. Several improvements, including additional rod bearing attachment bolts and a heavy-duty bolt -on piston design, have been incorporated into the cylinder for the T400 -D Series Hydro-Bunchers. • All linkage and attachment tilt cylinder pins are 2-1/2" (64 mm) induction hardened and chromed for maximum wear resistance. T400 -D Series Hydro-Buncher linkage pins are also quenched and tempered for additional strength and wear resistance. All linkage pins are a teardrop design retained by locknuts. • Steel bushings used in all pivot points. • The "Y" shaped paddle link is burned and machined from 4" (102 mm) thick steel plate. • The "dog bone" shaped links are burned and machined from 1-3/4" (44 mm) thick steel plate. ��� `� `��� .^,�����- ` �°�!,;���`�^;�~/ +����'- � � ^ � 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 10 Timbco T400 -D Series Hydro-Bunchers are designed to be simple, rugged, and have the ability to perform under the worst Iogging conditions, whether it be on steep slopes, in weswamps, or in tight selective cuts. Timbco's solid, time- p0v0n design, combined with 2 -cylinder, 4 -way cab leveling and the flexibility and capacity to install any type of cutting attachment, provides the mos versatile feller-buncher available today. 1 1 1 1 1 1 1 1 1 1 1 1 The track systems designed for the T450 -D and T455 -D Hydro-Bunchers are specifically engineered to give maximum service life in Canada's severe -duty conditions. These track systems are some of the most rugged, purpose-built forestry undercarriages available today. • Heavy-duty O&K F Series final drives and Rexroth A6VE Series 2 -speed, bent -axis track motors. • DFG Tractor -type double flange rollers. • Tractor -type clipped and relieved track shoes and sprocket teeth reduce mud and snow buildup. • Raised idler for better climbability and less ground disturbance. • Replaceable bolt -on track sliders and track shoe support wear surfaces. Bottom rollers can be installed in place of the sliders if desired. • Track frames bolt to the carbody for easy removal. Track Type Quadco Custom (D6D) Quadco Custom (D7G) Track Pitch 8.0" (203 mm) 8.5" (216 mm) Bottom Rollers 9 per side 8 per side Carrier Type Slider Slider (Rollers optional) (Rollers optional) Number of Shoes 48 per side 45 per side Final Drive O&K F062 O&K F100 168.0:1 ratio 142.0 : 1 ratio Track Motor Rexroth A6VE80 2 -speed Rexroth A6VE107 2 -speed Integral track brake Integral track brake MIN - 2.44 cu. in. (40 cc) MIN - 3.23 cu. in. (53 cc) MAX - 4.88 cu. in. (80 cc) MAX - 6.53 cu. in. (107 cc) Tractive Effort (After efficiency reductions) 81,000 Ib. (36 741 kg) 91,000 Ib. (41 277 kg) Drawbar Pull (After rolling resistance reduction) 77,580 Ib. (35 190 kg) 87,445 Ib. (39 665 kg) Drawbar -To -Weight Ratio 1.36: 1 1.48 :1 Travel Speed LOW -1.6 mph (2,6 km/h) LOW -1.5 mph (2,4 km/h) HIGH - 3.2 mph (5,1 km/h) HIGH - 3.0 mph (4,8 km/h) Ground Pressures: 24"/600 mm SG 28"/700 mm SG (Standard) 30"/750 mm DG 36"/900 mm TG 7.42 psi 6.46 psi 6.05 psi 5.25 psi 7.83 psi 6.82 psi 6.40 psi 5.49 psi 9 APPENDIX E 1 1 1 1 1 1 1 1 1 1 1 1 1 MN = EN I 1M11 INII 11M1 N NE 1 I 11111 1M11 N NE M M MN Yarding Systems 2002 Update Yarding Systems Helicopter (Yellow) Tractor (Blue) Cable (Purple) APPENDIX F 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 M = = E r ININ N NS INII r MN I N I I N N I Roads / 2002 Update Roads . I. Existing (Blue Dash) Proposed (Red) 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 APPENDIX G I N N MN N IMI NM MN = = N I MIII I N E MN MI .' r.1 k �.. • • Yarding and Roads 2002 Update • • A. 4.1 • Roads Existing (Blue) Proposed (Red) Yarding: Tractor (Blue) Helicopter (Yellow) Cable (Purple) l: s I Tepee Park Harvest Projec