HomeMy WebLinkAbout4.0 Bauer ComplaintsNa Subject
1 Existing and Proposed
Haul Road
2. Width of haul roads
within Tepee Park
3. Roads 165%+ slopes
4. Roads / 50%+ slopes
5. Winter Snow Removal
5. WPZ & EEZ
7 Fire Safety
TEPEE PARK / GARFIELD RESOLUTION 97-70
CATALOG OF GEORGE BAUER COMPLAINTS
Res97-70
Para. 11
Para. 3
Outside TP Prk.
Para. 1
Para. 1
Para. 1
None
Para. 1
Para. 1
OFMP
Maps showing
proposed roads
Pg. 15
None
Pg. 44; Surface
width 12-14 ft.;
Visible turnouts
Pg. 54: Sidecast
required if road is
longer than 100 ft.
Pg. 54; Bench cut,
if road is longer
than 100 ft.
None
50 ft. O/C WPZ
100 ft. EEZ
150 Gal. tanker
Insp/Amdt
Fire roads approved
after 7/01 Porcupine
Fire
None
Surface width is 14 ft.
Visible turnouts installed
Approved
Approved
None
Approved
x�d a st1 0,010)
Tanker Not resent
iv/Aa
L
Comments
Amend Resolution
to show new locations -
No Change
No Chang
No Change
No Chang
No Action —
�r L
1)(1 f/F
rer
4-1 i'
r4 r+
idat4
r
N o Change~ Doc 11rfoL� °�` /do
I (Py f J7 P
Station Tanker
/-/
hire
' "All representations of the applicant, either within the application or stated at the meeting before the BOCC, and the forestry
plan, shall be considered conditions of approval".
1
No. Subject
7 Fire Safety (Cont'd)
8, Logging Stash
9. Administration &
Inspection
10, Recreation & Visual
Resources
11. Logging Truck vs.
Sedans
12. Dust Control
Res97-70
Paras 18/192
Fire Plan Filings
Para. 1
Para. 1
Para. 53
Para, 1
None
OFMP
None
Fire Box
"In Woods"
Method
Pg. 73: Under
direction and
supervision of
IMR Forester
Pgs, 38, 44, 77
All roads w/in TP
Park are closed to
public; Hiker or
horse access only
by owner's consent
None
Insp/Amdt Comments
Filed 10/01 No Change
Installed / Present No Change
"Skidding Method"
Approved by 13.
Gherardi
B. Gherardi
appointed
Annual Report
Not Applicable
Amend Resolution
No Change -- OC`T 245t0 7-
-7?
No
-
No Change - 44,...C44.�
61,-kr/ 2�-6/60174ist71
at -A-
42-4-711 No Change
GCR 317None MgC1 spread GAR R&B No Change
Z19a9 �
C%tr Q!� `u" j _
2 Agreements with Rifle Emergency Services and filing of a Fire Management Planoith Garfield
2_06 2- y-44^ -YC
None
Services.
3 "The forest management practices and revegetation will be monitored for compliance with the proposed Teepee Park Forest
Mangement Plan by a consultant agreed upon by BOCC, City of Rifle and (Applicant) and paid for by (Applicant)."
2
1♦INN
Na Subject
12 Dust Control (Cont'd)
Haul Roads
13. Logging Trucks
Hours of Operation
14. Hours of Operation
15. Seasons of Operation
Res97-70
None
Para. 34,
40 "47
None
None
M MN M MN E I M I I
OFMP
None
6AM-5PM
Mon -Sat
None
Pg. 83; Working
season expected as
June until snows
prevent further work
Insp/Amdt
Rock to be spread
We don't haul on
weekends
Mon -Sat for
Timbering only
None
Comments
No Change
No Change —
No Change
No Change
° "A11 timber hauling on county roads be on Monday through Friday, between the hours of 6 AM to 6 PM." No other
standards set.
3
1
Ofied
0
4. .=.'. _od ...iLot.i. IL,
1W'n' �.
JAMES A. BECKWITH
Attorney and Counselor at Law
7910 Ralston Rd., Suite 7
Arvada, CO 80002
303-431-9966I/FAX 303-431-2803 I E Mail lthamer@aol.com
CONVERSIONS ON CITATIONS TO FOREST MANAGEMENT PLAN
On July 1, 2002, a copy of the Official Forest Management Plan (OFMP) was obtained from
Mr. Mark Bean, Garfield County Planning Director. Comparison of this 85 page document with Mr.
Bauer's Complaint reveals that Mr. Bauer's citations to pages do not match with the OFMP. The
conversion between the two is as follows.
No. Item
1. Map 1 Existing & Proposed Road
2. Width of Roads w/in Tepee Park
3 Roads on 65%+ slopes
4. Roads on 50%+ slopes
5, Winter Operating Period
6. WPZ Protection
7. Fire Safety
8. Logging Slash
9. Administration
1 0. Recreation & Visual Resources
11. Logging Truck Noise
12. Dust Control
13. Truck Axle Configurations
14. Hours of Operation
15. Operating Season
James A. Beckwith
BauerCite (Pg)
2, 32
33
34
34
40
41
46-48
49
49
53
55
55
58
58
58
OFMPCite (Pg)
3,4, 15,21,24
44
54, Part (a)
54, Part (b)
64
65-67, 76
70-72
73
73
38, 44, 77
80
81
83
83 (See: Res. 97-70)
83 (See: Res. 97-70)
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PAGE 2
2ND SECTION of Level 1 printed in FULL format.
COLORADO REVISED STATUTES
*** THIS SECTION IS CURRENT THROUGH THE 2001 SPECIAL SUPPLEMENT ***
*** (2001) LEGISLATIVE SESSION ***
TITLE 42. VEHICLES AND TRAFFIC
REGULATION OF VEHICLES AND TRAFFIC
ARTICLE 4. REGULATION OF VEHICLES AND TRAFFIC
PART 7. RIGHTS-OF-WAY
=1; GO TO CODE ARCHIVE DIRECTORY FOR THIS JURISDICTION
C.R.S. 42-4-711 (2001)
L2-4-711. Driving on mountain highways
(1) The driver of a motor vehicle traveling through defiles or canyons or on
ountain highways shall hold such motor vehicle under control and as near to the
�
right-hand edge of the highway as reasonably possible and, except when driving
entirely to the right of the center of the roadway, shall give audible warning
ith the horn of such motor vehicle upon approaching any curve where the view is
I
bstructed within a distance of two hundred feet along the highway.
(2) On narrow mountain highways with turnouts having a grade of six percent
or more, ascending vehicles shall have the right-of-way over descending
I
vehicles, except where it is more practicable for the ascending vehicle to
return to a turnout.
(3) Any person who violates any provision of this section commits a class A
ttraffic infraction_
HISTORY: Source: L. 94: Entire title amended with relocations, p. 2351, @ 1,
effective January 1, 1995.
IIEditor's note: This section was formerly numbered as 42-4-611.
Am. Jur.2d. See 7A Am. Jur.2d, Automobiles and Highway Traffic, @ 316; 8 Am.
IIJur.2d, Automobiles and Highway Traffic, @ @ 815, 816.
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311927 08/0511997 10:38A B1028 p930 447
1 of G R 0.00 D 0.00 N 0.00 GARFIELD CLERK
STATE OF COLORADO )
)ss
County of Garfield )
At a regular meeting of the Board of County Commissioners for Garfield
County, Colorado, held in the Commissioners' Meeting Room, Garfield County Courthouse, in
Glenwood Springs on Monday , the 4th day of August. A.D. 19 97
there were present:
Marian Smith
Larry McCown
John Martin
Don Deford
AhAant
Mildred Alsdorf
Chuck De*chenes
, Commissioner Chairman
, Commissioner
, Commissioner Chairman Pro --Tem
, County Attorney
, Clerk of the Board
, County Administrator
when the following proceedings, among others were had and done, to -wit:
RESOLUTION NO. 97-70
A RESOLUTION CONCERNED WITH THE APPROVAL OF A SPECIAL USE PERMIT
APPLICATION FOR NATURAL RESOURCE EXTRACTION FOR THE TUCKER. AND FRASE
PARTNERSHIP.
WHEREAS, the Board of County Commissioners of Garfield County, Colorado, has
received application from the Tucker and Frase Partnership for a Special Use Permit to allow for
the extraction of natural resources from the site identified in the application; and
WHEREAS, Garfield County Planning Commission held a public hearing on August 14,
1996 and continued said hearing to January 8, 1997, upon the question of whether the above
described SpecialUse permit should be granted -or denied.; at whibli hearing the public and interested
persons were given the opportunity to express their opinions regarding the issuance of said Special
Use Permit; and
WHEREAS, the Board held a public hearing on February 10,1997 and continued said hearing
to July 28, 1997, upon the question of whether the above described Special Use Permit should be
granted or denied, at which hearing the public and interested persons were given the opportunity to
express their opinions regarding the issuance of said Special Use Permit; and
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1111111111111111111111111111111111111111111111111111111
511927 08/05/1997 10 38R 81028 P931 447
2 a4' 6 R 0.00 D 0.00 N 0.00 GARFIELD CLERK
WHEREAS, the Board on the basis of substantial competent evidence produced at the
aforementioned hearing, has made the following determination of fact:
1. That proper publication and public notice was provided as required by law for the
hearing before the Board of County Commissioners.
2. That the hearing before the Board of County Commissioners was extensive and
complete, that all pertinent facts, matters and issues were submitted and that all
interested parties were heard at that hearing.
3. That the application is in compliance with the Garfield County Zoning Resolution
of 1978, as amended.
4. For the above stated and other reasons, the proposed use is in the best interest of the
health, safety, morals, convenience, order, prosperity and welfare of the citizens of
Garfield County.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of
Garfield County, Colorado, that the Special Use Permit be and hereby is approved to allow for the
extraction of natural resources, upon the following specific conditions:
1. That all representations of the applicant, either within the application or stated at the
meeting before the Board of County Commissioners, and the forestry plan, shall be
considered conditions of approval.
2. That prior to issuance of a County Special Use permit, the applicant receive a Special
Use from the U.S. Forest Service for a haul route and the appropriate land use 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.
5, That the forest management practices and revegetation will be monitored for
compliance with the proposed Teepee Park Forest Management plan by a consultant
agreed upon by the Board of County Commissioners, City of Rifle and the applicant,
and paid for by the applicant. That each tree will be marked prior to harvesting for
inspection by the consultant and the Division of Wildlife, prior to harvesting.
1111111111111111111111111111111111111111111111111111111
511927 08/05/1997 10 38R 51028 P932 447
3 of 6 R 0,00 D 0.00 N 0.00 GARFIELD CLERK.
6. Approval 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
7. That prior to the issuance of a Special Use permit, the applicant submit engineered
plans for the construction of intervisible turnouts on CR 317 meeting the Forest
Service standards for sizing and spacing and the improvements be constructed,
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 use
of the power of eminent domain. Any property so acquired will be dedicated to the
County.
8. That prior to the issuance of a Special Use perruit, the applicant shall pay for an
overlay of at least 1 1/2 inches asphalt overlay of County Road 320 from Taugenbaugh
Avenue to the intersection of CR 317 and 320, that is acceptable to the Board of
County Commissioners. A road bond of $100,000 will be placed with the Road and
Bridge Department to be used for the repair of CR 320 and/or CR 317,due to damage
attributable to the applicant's activities. The bond shall be valid for the period of
time that the applicant is actively logging on their property.
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 subunit 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.
10. All vehicles used in conjunction with logging operation must be licensed in the State
of Colorado, through the Garfield County Clerk & Recorders Office.
11. The hauling of logs will be discontinued during normal times for local ranches to
move cattle up or down County Road 317, when requested by a local rancher with
grazing rights or property in the Beaver Creek drainage.
12. The applicant will not allow employees to drive personal vehicles to the site and will
provide a crew cab for the transport of employees on and off of the site.
13. There will be no harvesting of aspen trees form the site, with the exception of the
incidental cutting of trees, approved by the inspector agreed to by the City of Rifle
and the County.
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1111111111111111111111111111111111111111111111111111111
511927 08/05/1997 10:398 B1028 P933 447
4 of 5 R 0.00 D 0.00 H 0.00 GRRF I ELD CLERK
14. All revegetation of the site will be done with certified weed free seed mix.
15. County Road 317 will be resurfaced to an all weather/season surface to the USFS
boundary and consistent with the standards approved by U.S. Forest Service far the
Forest Service access road.
16. The haul route will only be along CR 320 from the intersection of CR 320/317 to
Taugenbaugh Ave. in Rifle.
17. Upon transfer of ownership of the property subject to this special use permit, the new
owner(s) shall meet with the Board at a regularly scheduled meeting ofthe Board and
published as an agenda item of the Board.
18. That prior to the issuance of the permit, the applicants enter into an agreement with
the Rifle Emergency Services to provide emergency services to the site.
19. Prior to the issuance of the permit, the Fire Management Plan Ls filed with the
Garfield County Emergency Services office and the Rifle Fire Protection District.
Dated this 5th day of August , A.D. 19 97 .
ATTEST:
Jerk of the Board
GARFIELD COUNTY BOARD OF
COMMISSIONERS, GARFIELD
COUN ORADO
Upon motion duly made and seconded the foregoing R . alu 'o w:. adopte► by the
following vote:
Commissioner Chairman Smith - Absent Aysc
Commissioner Chairman Pro -Tem John F. Martin ,Aye
Commissioner Larry McCQWn , Aye
1I1 11111 ILIH 11111 11111 11111 11111 Ill 111111111II1
511927 08/05/1997 10:388 B1028 P93 447
5 of 6 R 0.00 0'0.00 N 0.00 GARFIELD CLERK
STATE OF COLORADO )
)ss
County of Garfield }
, County Clerk and ex -officio Clerk of the Board of
County Commissioners in and for the County and State aforesaid do hereby certify that the annexed
and foregoing Resolution is truly copied from the Records of the Proceeding of the Board of County
Commissioners for said Garfield County, now in my office.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of said County,
at Glenwood Springs, this day of , A.D. 19 .
County Clerk and ex -officio Clerk of the Board of County Commissioners
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i 111111 11111 11110 11111 111111 131 11111 111 11111 11011111
511927 08/05/1997 10 38A 81028 P935 447
8 of 5 R 0.00 D 0.00 N 0.00 GARFIELD CLERK
EXH1BlT,A
Alf of that certain real property, together des ;r I r1 n follows:
v warranty any and all
water rights appurtenant thereto, if any,
THE TOWNSHIP
SEVEN T, RAING OF
:1'13N THIRTEEN = I `' LFOUR (94) WEST SOF THE
TOWNSHIP � )
SIXTH PRINCIPAL Iv1ERIDIAN.
•
THE SOUTH HALF (51/2) OF THE SOUTH H ti .7i/2) OF SECTION FIFTEEN
(15), TOWNSHIP SEVEN (7) SOUTH, RANG:: ':ItlETY-FOUR (94) WEST OF
THE SIXTH PRINCIPAL MERIDIAN.
PART OF DRAKE NO. 3
PART OF DRAKE NO. 4
PART OF DRAKE NO. 5
PART OF ALBERTA NO. 1
PART OF ALBERTA NO. 2
PART OF ALBERTA NO. 3
PART OF ALBERTA NO. 4
PART OF ALBERTA NO. 5
PART OF P.C. JUNIOR NO. 1
PART OF P.C. JUNIOR NO. 2
PART OF P.O. JUNIOR NO. 3
PART OF VIRGINIA NO. 1
ALICE
ALICE NO. 1
ALICE NO. 2
ALICE NO. 3
LITTLE MAUD NO. 1
LITTLE MAUD NO. 3
LITTLE MAUD NO, 5
LITTLE MAUD NO, 7
LITTLE MAUD NO. 9
LITTLE MAUD NO. 11
LITTLE MAUD NO. 13
AND LITTLE MAUD NO. 15
OIL SHALE PLACER MINING CLAIMS DESIGN, T ED AS SURVEY
NO, 20096, EMBRACING A PORTION OF SECTIONS rFETO TWENTY-FOUR
R A D
TWENTY-FIVE AND THE UNSURVEYED POFI T :[;
SOUTH OF RANGE NINETY-FOUR, WEST OF ; i iE SIXTH PRINCIPAL
DECEMBER,
]EC MBE�RAS 177 32RN BOOK IBED IN UNITED1� AT PAGE 4F36�ATENT RECORDED
ALL IN THE COUNTY OF GARFIELD
STATE OF COLORADO.
ME ME - = - - - - - = MI 1 - M I M - E MM
TEPEE PARK / GARFIELD RESOLUTION 97-70
July 30, 2002
SUMMARY OF AMENDED RESPONSE TO GEORGE BAUER COMPLAINTS
No. Complaint
1 Existing haul road not
shown in OFMP. Was
it approved by Rifle
or Garco?
Width of haul roads
within Tepee Park is
greater than set in OFMP;
No mulching observed;
Aspen trees felled;
What do inspections say?
Road on 65% slopes lack
cut/fill balance; Slopes
extend downhill 10-20 ft.
Data
Res. 97-70, Para. 11 incorporated OFMP
OFMP showed roads differing from current haul road (Pg. 15)
Current haul road built for Porcupine Fire (7/01)
Rifle approved haul roads 8128/01; Amended OFMP
Res. 97-70, Para. 2 incorporates Rifle permit and amendments
97-70, Para. 3 specifies haul routes outside Tepee Park
These are 317 and 320; Currently used by IMR
OFMP set surface width of 12-14 ft.; with visible turnouts (Pg. 44)
Road construction inspected and approved by Rifle and GarCo
No Specific Rule on road widths in 97-70
97-70 allows Aspen trees felled as incident to road construction (13)
Aspen trees felled in fire road construction and improvements
No Specific Rule in 97-70
OFMP sets cut/fill and sidecasting requirements (Pg. 54)
Inspectors approved road shoring and improvement.
Existing construction has not siltated Beaver Creek.
Actions Needed
No Violation
Possible Amendment by
GarCo of 97-70 or OFMP
No Violation
No Violation
' "All representations of the applicant, either within the application or stated at the meeting before the BOCC, and the forestry
plan, shall be considered conditions of approval".
2 "Any additional conditions to those permits (USFS and Rifle Watershed) shall be considered conditions of approval for this
permit.
1
NM M I- EN M- I I MN MI r- ■■! - ■■O I
No. Complaint
4. Roads on 50%+ slopes
have live Aspen trees w/in
fill slope; There is no
compacted bench.
Logging continued into
Winter; Snow plowed to
bare ground; Park closed
to winter recreation.
6. Have GarCo or Rifle
Inspectors verified
compliance with WPZ
and EEZ?
7. Water tanker not on site;
Yarding equipment seen
on GCR 317 has debris
from prior jobs. Chains
on skidder tires could
cause sparks; Has GarCo
inspector verified
compliance with OFMP?
8. Logging Slash is piled
10-20 ft. high at landings;
Composed of tree tops.
Data
No Specific Rule in 97-70
OFMP sets standards (Pg. 54)
Inspection confirmed compliance with OFMP standards
No Specific Rule on snowplowing in OFMP or 97-70
Snow plowing on GCR 317 is regulated by GarCo R&B
OFMP authorizes winter operations in logging.
97-70 does not specify a winter operating season for logging
GarCo "frost law" obeyed for log transports
Tepee Park is not open for public use.
OFMP provides standards and rules for EEZIWPZ (Pg. 65-67)
Gherardi and Bussone have confirmed compliance with standards
Haul routes traversing EEZ/WPZ are authorized in OFMP (Pg. 66)
Fire plans filed 10/01 with Rifle and GarCo Emergency Services.
Yarding equipment is inspected and cleaned before and after each work day
Fire Tool Box on site and inspected by GarCo Inspector
Water tanker stationed 7/15, Upgraded 7/29, Exceeds OFMP (Pg.71, Item 19)
Yarding equipment, in transport, not a fire hazard.
Logging trucks inspected twice daily at Montrose Mill for leaks
Fire safety inspected and approved, continuously, by GarCo Inspector
No Specific Rule in 97-70
OFMP (Pg. 73) sets criteria for slash, but not handling method
OFMP does not set any rules for landing areas
Slash handling method governed by BMP's for Colorado Forestry
Skidding method is wisest BMP; Approved by GarCo Inspector
Slash will be burned when conditions authorize
2
Actions Needed
No Violation
No Violation
No Violation
Tanker off-site was
violation; Now remedied
in excess of OFMP stds.;
No other violations
No Violation
MN M MN 1111111 MI OM UM MN A IMM 1111111 M M I NM M N NM NM
No. Complaint
9. Who is responsible for
inspection and supervising;
Who pays for that? Where
are inspection reports?
10. Park not open for public
use; Historic Trail; Why
isn't access allowed, both
for motor vehicles and
hiking?
11. Logging Truck vs.
Sedans; Jake brakes
are noisy
12. No Mag Chloride; Wash-
boards all the way on
317 to NF gate.
Data
97-70, (5); BOCC designates inspector; IMR/Carpenter pay the fees
No cost to taxpayers
97-70 (18) requires annual report only by permit holder (IMR)
97-70 does not set reporting requirement for GarCo Inspector nor
Person(s) to whom report made; Nor disposition of such reports
97-70 does not contain any specific rule
OFMP (Pgs. 38, 44, 77) did not open park for public use
OFMP (38, 44, 77) confirmed Park is closed to public use
OFMP does not constitute dedication or acceptance of dedication
Permit cannot be conditioned on grant of right-of-way
Carpenter & USFS have negotiated alternate public hiking trail
There is no public easement for hiking trail
Hiking trail is not a "public highway" under Colorado law.
(Legal authorities cited in text of response)
OFMP (Pg. 80; Lower speeds & common courtesy when operating.
through town (misquote of OFMP by Bauer)
Sec. 42-4-711, C.R.S., governs GCR 317. 317; No
OFMP does not set standard for interior haul roads
Jake brakes are necessary vehicle and fire safety standard
No Specific Rule in 97-70
OFMP (Pg. 81) requires dust control on haul roads passing w/in 500
ft. of occupied residence; No occupied residences
OFMP (Pg. 81) requires dust control agent on County Roads for adjoining
owners. No adjoining landowners
3
Actions Needed
No Violation
BOCC should set
guidelines for Inspector
including to whom reports
re made and disposition
Does not require Permit
Amendment.
No Violation
No Violation
Amendment Not Needed
Existing State Law Stand.
Interior haul roads not
public highways and are
closed to public use.
No Violation
H I MI MI I M W N M— r ■O M OM MI M M N NM
No. Complaint
13. Hauling weight exceeds
70,000 ib. limit on 317;
Log trucks operating 24-7,
and at all hours, Jake.
brakes are noisy
14. Logging went through
Winter (01-02); Was
Permit issued with this
understanding?
ADDITIONAL:
IMR interference with
GCSO in Porcupine Fire
Respectfully submitted:
WWA
James A. Beckwith
Appendices Attached
Data
Mag Chloride spread in 2000 (IMR, 2001 (O&G), Schedule for 2002
Water tanker situated for additional service.
GarCo weight limit on GCR 317 is 80,000 lbs.
All hauling in accordance with GarCo weight limits
97-70(3) limits log hauling on County Roads to 6AM-6PM, M -F
IMRICarpenter do not haul logs on weekends
Log hauling has been conducted in accordance with 97-70 limits.
No Specific Rule in 97-70
OFMP (Pg. 83) working season June until snows prevent activity
OFMP (Pg. 64); logging may continue into Winter so long as: (1) soil not
saturated; or, (2) ground is frozen; or, (3) 24" or more of uncompacted snow
Timbering operations are Monday -Saturday; Not prohibited by 97-70.
Not supported by facts of incident
4
Actions Needed
No Violation
No Violation
APPENDIX A
. ::::1ESOURCE
.....
■ ■■■■ E N G I N E E R I N G I N C.
Mr. Bill Sappington, Public Works Director
City of Rifle
PO Box 1908
Rifle CO 81650
RE: Intermountain Resources - Watershed permit No. 1-97
Dear Bill:
August 29, 2001
In response to the concerns of some Beaver Creek residents expressed to City
personnel regarding turbidity of Beaver Creek, E made a site visit on August 28, 2001.
The site visit was made with Chris Meyers of Intermountain Resources and Bill
Gherardi, Consulting Forester.
Following in a brief summary of observation made of the date of the site visit:
• The roads constructed during the previous two years are in excellent condition.
The drainage structure (ditches, culverts, catch basins, etc.) are functioning
very well. Revegetation is well established and the road surface is good. 1 saw
no erosion anywhere on the existing road.
• A new road on private land was constructed in early July primarily to provide
access to the forest fire at the head of Porcupine Creek. Although most of the
road is in the Porcupine Creek Basin, it originates on Beaver Creek fust below
Teepee Park and traverses along the west side of the drainage. This road will
become the access for logging and will be brought up to Forest Service Road
standards in the next 6 weeks. Culverts are ori -site.
• Some erosion has occurred along the new road but there is no evidence of any
impact on Beaver Creek water quality because the road is far from the creek and
separated by vegetated areas.
• A large trench has been dug along the property line at the gate separating
private land from public land. The purpose of the trench is to prevent vehicular
trespassing which was occurring. The trench does not have an outlet, therefore
no erosion has occurred and no impact to Beaver Creek is evident.
None -the -less the trench and the embankment of excavated material are
relatively close to Beaver Creek and the permit holder has agreed to "dress -up"
the trench, refill most of it and revegetate the area. This will be done in the
next few weeks.
• No logging has taken place to date except for minor amounts associated with
the road work. Most of the 2001/2002 winter logging will occur in Porcupine
Creek Basin although a small amount in the West 1/2 of Section 31 in the Beaver
353
Consulting Engineers and Hydrologists
909 Colorado Avenue • Glenwood Springs, CO 01601 • (870) 945-0777 • Fax [970] 945-1137
Mr. Bill Sappington August 29, 2001
Page 2
Creek Basin is planned for this winter. Access to the site will be across Beaver
Creek via an existing road crossing with culvert. The culvert is marginally
acceptable and is scheduled to be replaced next summer.
In summary we found no evidence of any activity which has impacted Beaver Creek.
Certain recent activity in the process of being completed to acceptable standards.
propose a field inspection in late September to verify that the clean up work is
complete before winter.
Sincerely,
RESOURCE ENGINEERING, INC.
aul S. Bussone, P.E.
Water Resources Engineer
PSB/rnmm
341-10.1
bs watershed 1.97.341,wpd
CC: Chris Meyer
RESOURCE
1. v 1- r 11 r.. 1s 1 n
APPENDIX B
iiiiiRESOURCE
.....
■■..■ E N G I N E E R I N G I N C.
James Neu, Esq.
Leavenworth & Karp PC
PG Drawer 2030
Glenwood Springs CO 81602
RE: City of Rifle - Beaver Creek Watershed Permit 1-97
Intermountain Resources
Dear Jim:
353
June 25, 2002
On June 19, 2002 Resource Engineering, Inc. conducted the annual inspection of the
Tepee Park fogging activity in Beaver Creek. We also reviewed the proposed 2002/2003
activities. We made the field trip with Mr. Chris Meyers of Intermountain Resources, LLC.
Most of the proposed 2002/2003 logging will take place outside of the watershed boundary
governed by the permit. The activities within the permit area includes limited logging in the
"blow -down" area of Section 31. This activity consists of removing trees which have been
blown down by recent wind storms. All of the activity is outside the riparian zone as is
required by the permit.
Road construction activities are as proposed and approved in the permit. Applicant has
committed to meeting the requirements of the Water Quality Plan.
Our inspection of current and previous activities indicates that Intermountain Resources has
complied with the conditions of the permit. Roads are in good condition with no significant
erosion. Revegetation is taking hold as expected. We specifically looked for any signs
vehicle maintenance activity in the riparian zone and found none. We saw no evidence of
dumping of oil or hazardous materials, however, we cautioned Mr. Meyers about such
activity and asked that he remind his personnel to avoid any disposal of hazardous
materials on-site.
Mr. Meyers stated that they have regular meetings with employees and subcontractors to
reinforce safety issues and water quality concerns so that the importance of these matters
is passed on to all employees working in the watershed. We believe that this is important
to achieve the goal of protecting water quality.
It should be noted that RESOURCE obtained water samples at the three Beaver Creek
stations on June 19, 2002. The samples were sent to ACZ laboratories for analysis and the
results will be provided to the City when available. The field analysis for turbidities were as
follows:
Station 1 - City Intake
Station 2 - Green Gate
Station 3 - Tepee Park
1.34 NTU
2.39 NTU
8.03 NTU
We noted that there were cattle in Beaver Creek above the City's intake and below the
Green Gate during our sampling period. This activity would have likely impacted the
turbidity at Station 3.
Consulting Engineers and Hydrologists
909 Colorado Avenue ® Glenwood Springs, CO 81 601 M (970) 945-8777 1E Fax [970) 945-1137
James Neu, Esq. June 25, 2002
Page 2
In summary we recommend approval of the proposed 2002/2003 logging activity under
permit 1-97 we will schedule a fall inspection to review the work completed at that time.
Sincerely,
RESOURCE ENGINEERING, INC.
Paul S. Bussone, P.E.
Water Resources Engineer
PSBlmmm
341-10.1 In Lc 1-97.341.wpd
CC: Bill Sappington
RESOURCE
1 ref rd 1 I f E E N f .1 I N r.
APPENDIX C
JAMES A. BECKWITH
Attorney and Counselor at Law
7910 Ralston Rd, Suite 7
Arvada, CO 80002
303-431-9966 /I FAX 303-431-2803 / E -Mail Ithamer(c aoLcom
July 30, 2002
CONVERSIONS ON CITATIONS TO FOREST MANAGEMENT PLAN
On July 1, 2002, a copy of the Official Forest Management Plan (OFMP) was obtained from
Mr. Mark Bean, Garfield County Planning Director. Comparison of this 85 page document with Mr.
Bauer's Complaint reveals that Mr. Bauer's citations to pages do not match with the OFMP. The
conversion between the two is as follows:
No. Item
1. Map / Existing & Proposed Road
2, Width of Roads wlin Tepee Park
3. Roads on 65%+ slopes
4. Roads on 50%+ slopes
5. Winter Operating Period
6. WPZ Protection
7. Fire Safety
8. Logging Slash
9. Administration
10. Recreation & Visual Resources
11. Logging Truck Noise
12. Dust Control
13, Truck Axle Configurations
14. Hours of Operation
15. Operating Season
d
James A. Beckwith
BauerCite (Pg)
2, 32
33
34
34
40
41
46-48
49
49
53
55
55
58
58
58
OFMPCite (Pg)
3, 4, 15, 21, 24
44
54, Part (a)
54, Part (b)
64
65-67, 76
70-72
73
73
38, 44, 77
80
81
83
83 (See: Res. 97-70)
83 (See: Res. 97-70)