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HomeMy WebLinkAbout3.0 CorrespondenceTY ATTORNEY'S OFFICE 108 8th Street, Suite 219 Glenwood Springs, CO 81601 Tele: (970) 945-9150 Fax: (970) 384-5005 April 29, 2008 Norman A. Carpenter James A. Beckwith, Esq. Attorney for Teepee Park Ranch 7910 Ralston Road, Suite 7 Arvada, CO 80002 ithamer@aol.com Dear Mr. Beckwith and Mr. Carpenter: Attached please find the following documents: 1. Resolution No. 97-70 (Tucker and Frase): Please the Resolution approving the Special Use Permit deals issues in paragraphs 7, 8, 15, and 16. Clark Gilbert Great American Insurance Company 750 City Drive, Suite 33 Orange, CA 92868 cwgilbert@4aic.com that road 2. Bond No. FS 3 42 22 81 attributable to Principal's logging and/or County Road 317." ($100 Intermountain Ranches, LLC) note with securing "repair of damage activities on County Road 320 ,000.00; October 1, 1999; 3. Resolution No. 2001-21 (Altenbern and Sons): Please note that paragraphs 2 and 6 deal with road issues. 4. Bond No. FS 4 55 03 80, stating "to provide a road bond in lieu of road paving on CR 317." ($ 75,000.00; October 15, 2001; Intermountain Resources, LLC) 5. Resolution No. 2003-39 (Norman A. Carpenter) Please note that paragraph 4 requires " a Road Bond will remain in place with the County to overlay 1.6 miles of CR 320 with asphalt at the completion of the timber rtheaPssue a h 7 and hand also9 deal with county roads, but are unrelatedto 6. Bond No. FS 4 93 19 63, "to provide a road bond in lieu of road paving on CR 320" ($75,000.00; October 15, 2006; Teepee Park Ranch, LLC). Also included with this Bond is a notice of cancellation to the Road and Bridge Department dated October 15, 2006, notifying Road and The lendge er wast"termination shall addre sed to 8120 SHa82.ke effect ffect •, October 15, 2007. Norman A. Carpenter Clark Gilbert April 29, 2008 Page 2 7. Road Bond FS 4 93 19 62, "to provide a road bond to insure the repair of damage attributable to Principal's activities on CR 320 and/or CR 317 ($100,000.00; October f 6; Teepee Park Ranch, LLC). Also attached is a letter dated October 1, 2006 to the County Road and Bridge Department advising of termination on October 1, 2007. Also included with this bond is a similar letter dated October 1, 2006, addressed to 8120 SH 82. 8_ My letter, dated August 20, 2007 to Patricia Clough at Great American Insurance Companies, requesting that the bonds reference the correct Resolution No., i.e. 2003-39. 9. Via return email, please let me know when we can have a telephone conference. Assuming cancellation of the bonds, the earliest 1 can get this matter in front of the Board of County Commissioners is May 12' 2008. 1 will have to Assistant by Wednesday,aveMa P7Pe2008kfoor the BOCC's Administrative placement in the Commissioners' board packets. Thank you both for your consideration of the attached documents. Sincerely yours, M. DAHL; rfield CouAttorney CMD/kaw Enclosure CC: Marvin Stevens, Road & Bridge Director Fred Jarmin, Building & Planning Director T!\MyFiles\PLA l\Tepee park. Beckwith ltr 8.29.0a.wpd 1 11E1 1111111111 11111 11111I 11111111 Ill BEIM E 111111111 511927 08/05/1997 10 38A 81028 P930 1 of 6 R 0.00 ❑ 0.00 H 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: JVlarian Smith AhRtnnt , Commissioner Chairman Larry McCown _, Commissioner John Martin , Commissioner Chairman Pro -Tei Don Deford _, County Attorney Mildred Alsdoxf , Clerk of the Board Chuck Deschenes , County Administrator when the following proceedings, among others were had and done, to -wit: RESOLUTION N0. 97-70 A RESOLUTION CONCERNED WITH THE APPROVAL OF A SPECIAL USE PERMIT APPLICATION FOR NATURAL RESOURCE EXTRACTION FOR THE TUCKER AND PARTNERSHIP. WHEREAS, the Board of County Commissioners of Garfield County, Colorado, has received application from the Tucker and Prase 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 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 WHEREAS, the Board held apublic heating on February 10,1.997 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 1111111111111111111111111111111111111111111111111111 511927 08/05/1997 10:38A B1028 P931 2 of 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: I. 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.rn. 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. 1 VIII 11111 111111 VIII 111111 11111 11111 11111111 111311 511927 08/05/1997 10 38A 81028 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 pians 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 permit, the applicant shall pay for an overlay of at least 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 wi11 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 summit 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 an 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. 1111111 IIlI 111111 11111 1111111111111111111 II1I 1111 1111 511927 08/05/1997 10.38A 61028 P933 447 4 of 6 R 0.00 D 0.00 H 0.00 GARFIELD 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 for 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 ata regularly scheduled meeting of the 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 is filed with the Garfield County Emergency Services office and the Rifle Fire Protection District. Dated this 5th day of A u gt . , A.D. 19 97 ATTEST: Jerk of the Board GARFIELD COUNTY BOARD OF COMNIISSIONERS, GARFIELD COUN - ORADO Upon motion duly made and seconded the foregoing R olu o• w adopte s by the following vote: Commissioner Chairman Smith - Absent. ,A Commissioner Chairman Pro -Tem John F. Martin ,Aye Commissioner Larry McCown ,Aye STATE OF COLORADO )ss County of Gaxfield I111111III11 Ililll VIII 111111 VIII VIII 111 VIII IIII I' 511927 08/05/1997 10:388 81028 P934 447 5 of 6 R 0.00 D 0.00 N 0.00 GARFIELD CLERK 1, , 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 111111 11111 111111 113 111111 11111 l 1111111111111 511927 08/05/1997 10:38A 81028 P935 447 6 of 6 R 0.00 D 0.00 N 0.00 GRRFIEL© CLERK EXHIBIT A AH of that certain real property, together with but lbed as without law warranty any and all water rights appurtenant thereto, if any, THE SOUTHWEST QUARTER (SW1/4) OFION TNR RTEEN (9T}WEST (13), THE TOWNSHIP SEVEN (7) SOUTH, RANGE NINE SIXTH PRINCIPAL MERIDIAN. THE SOUTH HALF (31/2) OF THE SOUTH HALF (31/2) OF SEC WEST OF SECTION FIFTEEN (15), TOWNSHIP SEVEN (7) SOUTH, RANGE N1NETY FT (94) SIXTH PRINCIPAL MD 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.C. 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 DESIGNATED AS SURVEY NO. 20096, EMBRACING A PORTION OF SECTIONS TWENTY-FOUR AND TWENTY-FIVE AND THE UNSURVEYED PORTION OF TOWNSHIP SEVEN SOUTH OF RANGE NINETY-FOUR, WEST OF THE SIXTH PRINCIPAL DMERIDIAN, AS ECEMBER 17,D1932�N BOOK UNITEDIBED IN 64PATENT RECORDED AT PAGE 486 ALL IN THE COUNTY OF GARFIELD STATE OF COLORADO. SPECIAL USE PERMIT BOND Resolution No. 97-70 Timber Harvest at Teepee CR Ranch Property Bond No.: FS 3 42 22 81 KNOW ALL ME BY THESE PRESENTS, That the Undersigned INTERMOUNTAIN RANCHES, LLC as Principal, and Great American Insurance Company, as Surety are held and firmly bound unto GARFIELD COUNTY ROAD & BRIDGE DEPT., Colorado as Obligee in the penal sum of ONE aUNDRED THOUSAND AND NO/100 for the payment of which, well and truly to be made the said Principal and the said Surety, bind themselves, their heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. WHEREAS„ the Principal now has pr will be granted a Special Use Permit for natural resource extractions (commercial logging operation); and WHEREAS, said Special Use Permit requires Principal to provide a road bond to ensure the repair of damage attributable to Principal's logging activities on CR 320 and/or CR 317. NOW, THEREFORE, if the Principal shall faithfully performs its duties under the above terms of the permit, then this obligation shall be null and void, otherwise to remain in full force and effect. PROVIDED, that if the Surety shalt so elect, this bond may be canceled as to subsequent liability by giving (30) days notice in writing to both the Principal and Obligee. IN WITNESS WHEREOF, the Principal and Surety have hereunto set their hands and seals on the dates set forth below. Date: OCTOBER 1 , 1999 Great American InsurancCompany Date: OCTOBER 1, 1999 Surety Margare{l-luffrnan r" i R 1 f I rT) 4 i r� j 1` j� 1 GUM ARIERICCN INSURANCE COMPANY' 580 WALNUT STREET ■ CINC1NNATI, OHIO 45202 • 513-369-5000 ■ FAX 513-723-2740 The number of persons authorized by this power of attorney is not more than No. 0 1367$ SIX POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS; That the GREAT AMERICAN INSURANCE COMPANY, a corporation organized and existing under and by virtue of the laws of the State of Ohio, does hereby nominate, constitute and appoint the person or persons named below its true and lawful attorney-in-fact, for it and in its name, place and stead to execute in behalf of the said Company, as surety, any and all bonds, undertakings and contracts of suretyship, or other written obligations in the nature thereof; provided that the liability of the said Company on any such bond, undertaking or contract of suretyship executed under this authority shall not exceed the limit stated below. NameAddress Limit of Power ROBERT A. B•ALLIN LARRY C. BUCK ALL OF ALL RAY PAIEMENT STEVEN J. HANSON EUGENE, OREGON UNLIMITED MARGARET HUFFMAN BEVERLEY VERBANIC This Power of Attorney revokes al! previous powers issued in behalf of she attorneys) -in -fact named above. IN WITNESS WHEREOF the GREAT AMERICAN INSURANCE COM PANY has caused these presents to be signed and attested by its appropriate officers and its corporate seal hereunto affixed this 2nd day of February . 1999 Attest GREAT AMERICAN INSURANCE COMPANY STATE OF OHIO, COUNTY OF HAMILTON —ss: On this 2nd day of February, 1999 , before me personally appeared DOUGLAS R. BOWEN, to me known, being duly sworn, deposes and says that he resided in Cincinnati, Ohio, that he is the Vice President of she Bond Division of Great American Insurance Company, the Company described in and which executed the above instrument; that he knows he scat; that it was so affixed by authority of his office under the By -Laws of said Company, and that he signed his name thereto by like authority. This Power of Attorney is granted by authority of the Following resolutions adopted by the Board of Directors of Great American Insurance Company by unanimous written consent dated March I, 1993. RESOLVED: That the Division President, the several Division Vice Presidents and Assistant Vice Presidents, or any one of them, be and hereby is authorized, from time W time, to appoint one or more Attorneys -In -Fact ro execu re on behalf of the Company, as surely, any and all bonds, undertakings and contracts of suretyship, or other written obligations in the nature thereof, to prescribe their respective duties and the respective limits of their authority; and to revoke any such appointment at any rime, RESOLVED FURTHER: HER: That the Company seal and the signature of any o; the aforesaid officers and any Secretary or Assistant Secretary of the Company may be affixed by facsimile to any power of attorney or certificate of either given for the execution of any bond, undertaking, contract or suretyship, or other written obligation in the nature thereof, such signature and seal when so used being hereby adopted by the Company as the original signature of such officer and the original seal of rhe Company, ro be valid and binding upon the Company with the same force and effect as though manually affixed. CERTIFICATION 1, RONALD C. HAYES, Assistant Secretary of Great American Insurance Company, do hereby certify that the foregoing Power of Attorney and the Resolutions of the Board of Directors of March 1, 1993 have not been revoked and are now in full force and effect. Signed and sealed this . • day of S1029S (11197) 1 III1llIlI1I 111111 111111 111 11II IllhI 111 1 11111111 IIII 579603 04/20/2001 12 05P 51246 P880 M ALSDORF 1 of fi R 0.00 D 0.00 GARFIELD COUNTY CO STATE OF COLORADO )ss County of Garfield At a regular meeting of the Board of County Colorado, held in the Commissioners' Meeting Room, Springs on , M�nrtay the 16'-hday of Apri 1 John Martin Larry McCown Walt Stowe Don DeFord Mildred Alsdorf Ed Green Commissioners for Garfield County, Garfield County Courthouse, in Glenwood A.D. 20 01 , there were present: , Commissioner Chairman , Commissioner , Commissioner , County Attorney , Clerk of the Board , County Manager when the following proceedings, among others were had and done, to -wit: RESOLUTION NO. 7nnt -79 A RESOLUTION CONCERNED WITH TO ALLOW TIMBER HA.RVESPROVAL OF THE TBALD G THE S SPECIAL SE PERMIT APPLICATION GENTLE SLOPES AND LOWER VALLEY FLOOR IN THE Rd- ZONE DISTRICT. WHEREAS, the Board of County Commissioners of Garfield County, Colorado, has received an application from Altenbern and Sons for a Special Use Permit to allow for approval of timber harvest along the gentle slopes and lower valley floor on private lands in the R/L zone district; and WHEREAS, the Board of County Commissioners of Garfield County, Colorado, held a public hearing on the 2nd day of April, 2001,_ upon the question of whether the above described special use permit for a timber harvest should be granted or denied, at which hearing the public and interested persons were given the opportunity to express their opinions concerning the approval of said conditional use permit; and WHEREAS, the Board of County Commissioners of Garfield County, Colorado, on the basis of substantial competent evidence produced at the aforementioned hearing, has made the Page 1 of 5 IIIA VIII111111111111I:II III II III III II'I IIII 111 579603 04/20/2001 12 05P 81246 P881 M RLSDORF -2 of 6 R 0.00 D 0.00 GARFIELD COUNTY CO following determination of fact as listed below: 1. That proper public notice was provided as required 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 meeting; 3_ That for the above stated and other reasons, the proposed special use permit is in the best interest of the health, safety, morals, convenience, order, prosperity and welfare of the citizens of Garfield County. q_ That the application is in conformance with the Garfield County Zoning Resolution of 1978, as amended; NOW THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Garfield County, Colorado, that the Altenbern & Sons Special Use Permit is hereby approved subject to compliance with all of the following specific conditions: 1. That all representations made by the applicant in the application, timber harvest plan, or at the public hearing shall be conditions of approval, unless specified otherwise by the Board of County Commissioners. Said representations include, but are not limited to: a) Dust will be controlled with water or dust control chemicals so that it does not become a nuisance. If these are not sufficient means of dust control, the number of truck trips per day, and the speed of the trucks, shall be reduced as necessary. b) The appearance of a mature, high forest will be maintained. c) Slopes of 50+% slopes shall be harvested with helicopters. d) 5,000 to 10,000 tons will be harvested using selective cutting. e) The existing Carr Creek bridge crossing will be upgraded to handle haul loads and haul roads on private lands will be improved or constructed to minimum haul standards. f} Intermittent drainages shall be crossed at right angles, with 18" steel or ADS culverts placed on a 2-4% grade, covered with at least 1' of dirt, and provided with a rock apron for spillage. g) Landing slash will be burned during favorable conditions, with the proper permits. Burn areas and skid trails will be disked and re -seeded. Culverts will be placed to prevent erosion along abandoned roads. Cut/fill slopes will be stabilized. Noxious weeds will be monitored and treated. h) Subsequent sales will obtain the appropriate new or expanded permits. i) Al] operations will cease during spring run-off (typically March -May) and during big game hunting season (October to early November). j) Chainsaws shall be equipped with spark arrestors and all motorized equipment shall Page 2 of 5 11111 illl 1IIII III1 l III 11I11I Ill 11111 11111111 79603 04/20/2001 12:05P B1246 P882 t1 ALSDCRF 3 of 6 R 0.00 D 0.00 GARFIELD COUNTY CO carry at least one shovel and one fire extinguisher; 2. That roads shall be maintained adequately. The applicant shall work with the Garfield County Road & Bridge Department to create a road maintenance agreement. Said agreement must be approved by the Board of County Commissioners prior to issuance of any conditional or special use permit; 3. That a weed control program shall be created and submitted to the Garfield County Vegetation Manager for approval prior to issuance of any permits. The approved program shall be implemented on both County (specifically CR 204 and CR 207) and private roads; 4. That all timber hauling on County Roads shall occur Monday through Friday, between the hours of 6 a.m. to 6 p.m., shall not exceed 10 loads per day, and shall be within legal weight limits. That any helicopter hauling will only occur between the hours of 7 a. m. to 5 p. m., Monday through Friday. 5. That the forest management practices will be monitored for compliance with the Douglas Fir timber harvesting plans by a consultant agreed upon by the Board of County Commissioners and the applicant, and paid for by the applicant. 6. That a bond of $100,000.00 will be placed with Garfield County to be used for the repair of CR 204 and CR 207 due to damage attributable to the applicant's activities, for mitigation of impacts, for implementing rehabilitation of the site, and for controlling noxious weeds. The bond shall be valid for the period of time that the applicant is actively Iogging on their property. The $100,000.00 bond shall be issued solely for the Altenbem project, and not cover any other operations; 7. That the Special and Conditional Use Permits are subject to review for compliance or noncompliance with the timber harvest plans and the conditions placed on the permits. The applicant will be required to submit a report one year from the date of issuance of the special and conditional use permits 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; 8. That this conditional approval shall be valid until 4/2/02. If the applicant fails to meet the conditions by 4/2/02, and subsequently the conditional and special use permits are never issued, the approval shall be automatically revoked, unless an extension is granted by the Board of County Commissioners; Page 3 of 5 \\\ 1 1\ \1l Ill\ll \ll Tg B 0 04/20/2001 0 1 105P B1246 P883 T'4 RLSGORF 5 of 6 R 0.00 D 0.00 GARFIELD COUNTY CO 9. That the volume of sound generated shall comply i h the filed (5/12/00),ards set forth in the Colorado Revised Statutes at the time the application 10. That the ground vibration inherently and recurrently line of the generated rty on which the useis not lis lotted; instruments, at any point of any boundary property 11. That emissions of smoke and particulate matter shall comply with all Federal, State and County air quality laws, regulations and standards; 12. That the following shall not be emitted: heat, glare, radiation r fumes whichichh substantially interfere with the existing use of adjoining property 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. 13. That the applicant shall comply with the BLM and Mesa County access permits, and shall obtain and comply with any other necessary permits. 14. That, due to a lack of public noticing, the conditional dSspecs l ecial use 14, permits23dond �4t cover the portion of the Altenbern property Range 100 west of the 6th PM (a.k.a. "Shale Mountain Fraction"). ,Datef},this 1 6th day ofApr i1. • , A.D. 2001 GARFIELD COUNTY BOARD OF COMMIS ONERS, GARFIELD COUVT j OL.RADO 14 /AS.. 'Clerk q :tl $-Board :rriation duly made and seconded the foregoing R -+lliiitr.. following vote: COMMISSIONER CHAIR JOHN F. MARTIN COMMISSIONER LARRY L. MCCOWN COMMISSIONER WALTER STOWE STATE OF COLORADO County of Garfield 1, Page 4 of 5 } )ss as adopted bye he , Aye , Aye Aye , County Clerk and ex -officio Clerk of the Board of 1111111 [1111111111111111 111 111111 111111 Ill 1111111111111 579603 04/20/2001 12;05P B1246 P884 M ALSDORF 5 of 6 R 0.00 D 0.00 GARFIELD COUNTY CO County Commissioners, in and for the County a d State the Records the Proceeding of the annexed and foregoing Resolution is truly copied from 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. 20 County Clerk and ex -officio Clerk of the Board of County Commissioners Page 5 of 5 RECEIVED Ot.1 1 7 NM SPECIAL USE PERMIT BOND Resolution No. 97-70 Timber Harvest at Teepee CR Ranch Property Bond No.: Fs 4 55 03 80 KNOW ALL MEN 13Y THESE PRESENTS, That the Undersigned Intermountain Resources, LLC as Principal, and Great American Insurance Company , as Surety are held and firmly bound unto GARFIELD COUNTY ROAD & BRIDGE DEPT., Colorado as Obligee in the penal sum of Seventy-five Thousand and Noll 00 ($75,000.00) for the payment of which, well and truly to be made the said Principal and the said Surety, bind themselves, their heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, the Principal now has or will be granted a Special Use Permit for natural resource extractions (commercial logging operation); and WHEREAS, said Special Use Permit requires Principal to provide a road bond in lieu of road paving on CR317. NOW, THEREFORE, if the Principal shall faithfully perform its duties under the above terms of the permit, then this obligation shall be null and void, otherwise to remain in full force and effect. PROVIDED, that if the Surety shall so elect, this bond may be canceled as to subsequent liability by giving (30) days notice in writing to both the Principal and Obligee. IN WITNESS WHEREOF, the Principal and Surety have hereunto set their hands and seals on the dates set forth below. Great American Insurance Company Surety Marg it)?/111.. Hufman 7 t' Date: OCTOBER 15, 2001 Date: OCTOBER 15, 2001 GlEAT ANIER1CAN INSURANCE COMPANY° 580 WALNUT STREET • CINCINNATI, OHIO 45202 • 513.369-5000 • FAX 513-723-2740 The number of persons authorized by this power of attorney is not more than FIVE POWER OF ATTORNEY No. 0 13936 KNOW ALL MEN BY THESE PRESENTS; That the GREAT AMERICAN INSURANCE COMPANY, a corporation organized and existingunder and by virtue of the laws of the State of Ohio, does hereby nominate, constitute and appoint the person or persons named below its true and lawful attorney-in-fact, for it and in its name, place and stead to execute in behalf of the said Company, as surety, any and all bonds, undertakings and contracts of suretyship, or other written obligations in the nature thereof; provided that the liability of the said Company on any such bond, undertaking or contract of suretyship executed under this authority shall not exceed the lit -nit stated below. Address Limit of Power Name ROBERT A. .BALLIN LARRY C. BUCK MARGARET HUFFMAN STEVEN J. HANSON BEVERLEY VERBANIC ALL OF EUGENE, OREGON ALL UNLIMITED This Power of Attorney revokes all previous powers issued in behalf of the attorneys) -in -face named above. IN WITNESS WHEREOF the GREAT AMERICAN INSURANCE COMPANY hascaused these presents to be signed and attested by its appropriate officers and its corporals seal hereunto affixed this 14th day of March . 2000 Attest GREAT AMERICAN INSURANCE COMPANY STATE OF OHIO, COUNTY OF On this 14th known, being duty sworn, deposes American Insurance Company, the by authority of his office under the HAMILTON —ss; day of March, 2000 , before me personally appeared DOUGLAS R. BOWEN, to me and says that ltc resided in Cincinnati, Ohio, that he is the Vice President of the Bond Division of Great Company described in and which executed the above instrument; that he knows the seal; that it was so affixed By -Laws of said Company, and that he signed his name thereto by like authority. This Power of Attorney is granted by authority of the following resolutions adopted by the Board of Directors of Great American Insurance Company by unanimous written consent dated March I, 1993. RESOLVED: That the Division President. the several Division Vicc Presidents and Assistant Vice Presidents. or any one of them, be and hereby is authorized, from time to lime, to appoint one or more At[or ncys-ltr-Fact to execute on behalf of the Company, as surety, any and all bonds, undertakings and contracts of suretyship, or other written obligations in the nature thereof; to prescribe their respective duties and the respective limits of their authority; and to revoke any such appointment al any time. RESOLVED FURTHER: That the Company seal and the signature of any of the aforesaid officers and any Secretary or Assistant Secretary of the Company may be affixed by facsimile to any power of attorney or certificate of tither given for the execution of any bond, undertaking, contract or suretyship, ❑rother written obligation in the nature thereof, such signature and seal when so used being hereby adopted by the Company as the original signature of such officer and the original seal of the Company, to be valid and binding upon the Company with the same force and effect as though manually affixed. CERTIFICATI01l 1, RONALD C. HAYES, Assistant Secretary of Great American Insurance Company, do hereby certify that the foregoing Power of Attorney and the Resolutions of the Board of Directors of March I, 1993 have not been revoked and are now in full force and effect. Signed and sealed this A:3–VA 5I029S 01 !97] day of iy r. GARFIELD COUNTY TREASURER RECEIPT DATE: /4-//-d/ FROM: SIGNED: ela dc BYE. 1111111111111111111111111111111111111111111111111111111 628471 06/02/2003 04!00P 81475 P675 M ALSDDRF 1 of 4 R 0.00 D 0.00 GARFIELD COUNTY CO STATE OF COLORADO ) )ss County of Garfield ) At a regular meeting of the Board ofCounty Commissioners for Garfield County, Colorado, held in the Commissioners' Meeting Room, Garfield County Courthouse, in Glenwood Springs on Monday, the 21st day of April, 2003, there were present: John Martin Larry McCown Tresi Houpt Don Deford Mildred Alsdorf Ed Green Commissioner Chairman Commissioner , Commissioner , County Attorney , Cleric of the Board , County Manager when the following proceedings, among others were had and done, to -wit: RESOLUTION NO. 2003_39 A RESOLUTION CONCERNED WITH THE APPROVAL OF A SPECIAL USE PERMIT APPLICATION FOR NATURAL RESOURCE EXTRACTION FORNORMAN A CARPENTER WHEREAS, the Board of County Commissioners of Garfield County, Colorado, has received application from Norman A. Carpenter for a Special Use Permit to allow for the extraction of natural resources from the site identified in the application; and WHEREAS, the Board held a public hearing on April 21, 3002, 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 WHEREAS, the Board on the basis of substantial competent evidence produced at the aforementioned hearing, has made the following determination of fact: 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. 1111111111111111111111111111111111111E11 116 1111 1111111 1 6628471 06/02/2003 04:00P BI475 2 of 4 R 0.00 D 0.00 GARF I ELD COUNTY CO 2. That the proposed special use conforms to the 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, including, but not limited to all standards in Sections 5.03.07 and 5.03.08. 5. That for the above staled 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. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Garfield County, Colorado, that the Special Use Pertnit 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, including the forestry plan, shall be considered conditions of approval. 2. That all timber hauling on County Roads be on Monday through Friday, between the hours of 6 a.m. to 6 p.m. Not included in the hauling hours the trips nan � a m out f the property by loggers and unloaded trucks accessing property Any helicopter hauling will only occur between the hours of 7 a. m_ to 5 p_ Monday through Friday. Haul trucks will not travel in a convoy, they will be spaced at least 10 minutes apart, before leaving the property. 3. That the forest management practices and revegetation will be monitored for compliance with the conditions of approval contained in the resolution of approval, by a consultant for the Board, agreed upon by the Board of County Commissioners and the applicant, and paid for by the applicant. 4. A road bond will remain in place with the County to overlay 1.6 miles of CR 320 with asphalt at the completion of the timber harvest. 5. The Special Ilse Permit, when issued, is subject to review for compliance or noncompliance with performance requirements associated with the issuance of the permit. The applicant shall submit a report one year from the date of issuance of the permit, 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 or revocation of the permit or that 1111111 11111111111 1111 Ililll111111 111111111111111111111 626471 06/02/2063 04:00P 81475 P677 11 ALSDORF 3 of 4 R 0.00 D 0.00 GARFIELD COUNTY CD conditions of approval must be met before additional activities can occur on the property. 6 All vehicles used in conjunction with logging operation must be properly licensed in the State of Colorado and the appropriate documentation provided to the Garfield County Clerk & Recorders Office verifying the licensing. T. The hauling of logs will beodaca�t nued County ring Road 317,awh n�equ requested bnal times yor local a local ranchers to move cattle up t3 rancher with grazing rights or property its the Beaver Creek drainage. 8 All revegetation of the site will be done with certified weed free seed mix. 9. The haul route will only be along CR 320 from the intersection of CR 320/317 to Taugenbaugh Ave. in Rifle. Additionally, an overweight vehicle permit will be acquired for each vehicle needing such permit. 10. Upon transfer of ownership of the property subject to the Special Use Permit issued in accordance with this resolution, the new owner(s) shall meet with the Board at a regularly scheduled meeting of the Board and published as an agenda item of the Board. 11. Prior to the issuance of the Special Use Permit, the Fire Management Plan shall be filed with the Garfield County Sheriffs office and the Rifle Fire Protection District. 12. Compliance with all terms and conditions of approval contained in ariypermit to or issued to the applicant, its successors or assigns, by any government, federal agency, 4101 be deemed to be conditions of this Special Use Permit. A violation of any of the terms, conditions or provisions of such permit( s) shall be deemed to constitute a violation of the terms of approval of this Special U se Permit. The applicants, their successors and assigns, shall notify the Garfield County Board of Commissioners of notice of violation or violations of such Garfield permits as issued by any local government or state or federal agency. County Board of Commissioners shall be notified within ten (10) calendar days of any violation or notice of possible violation. 13. On or before October 1, 2003, the County's consulting forester, hired in accordance with paragraph 3. above, will do an on site inspection of the site to review the applicant's compliance with the conditions of approval in this resolution. A report will be prepared for the Board of County Commissioners after the site review, presenting the findings. Dated this WO day of .T► , A.D. 2003. 111111111111 IA 11111111 Ili11 IJ 1111 626471 06/02/2063 04:00P 81476 P678 M AL50ORF 4 of 4 R 0.00 D 0.00 GARFIELD COUNTY CO ATTEST: F : go I _`/I n 11 if . 111!111 !1111111111111111111!l1111!11- Cl >oaf the Board • Upon motion duly made and seconded the foregoing vote: GARFIELD COUNTY BOARD OF COMMISSIONERS, GARFIELD COUNTY, COLORADO .0 r . CO COMMISSIONER TRESI HOU COMMISSIONER LARRY L. MCCOWN , Aye , Aye Aye STATE OF COLORADO ) )ss County of Garfield ) I, , County Clerk and ex -officio Clerk ofthe 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 ofthe Proceeding ofthe 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.2003. County Clerk and ex -officio Clerk ofthe Board of County Commissioners SPECIAL USE PERMIT BOND Resolution No. 97-70 Timber Harvest at Teepee CR Ranch Property Bond No.: FS 4 93 19 63 KNOW ALL MEN BY THESE PRESENTS, That the Undersigned TEEPEE PARK. RANCH LLC as Principal, and Great American Insurance Company , as Surety are held and firmly bound unto GARFIELD COUNTY ROAD & BRIDGE DEPT, Colorado as Obligee in the penal sum of Seventy-five Thousand and Nof] 00 ($75,000.00) for the payment of which, well and truly to be made the said Principal and the said Surety, bind themselves, their heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, the Principal now has or will be granted a Special Use Permit for natural resource extractions (commercial logging operation); and WHEREAS, said Special Use Permit requires Principal to provide a road bond in lieu of road paving on CR320. NOW, THEREFORE, if the Principal shall faithfully perform its duties under the above terms of the permit, then this obligation shall be null and void, otherwise to remain in full force and effect. PROVIDED, that if the Surety shall so elect, this bond may be canceled as to subsequent liability by giving (30) days notice in writing to both the Principal and Obligee.. IN WITNESS WHEREOF, the Principal and Surety have hereunto set their hands and seals on the dates set forth below. TEEPEE PARK RANCH LLC Date: OCTOBER 15, 2006 Great American Insurance Company Date: OCT013ER ] 5, 2006 Surety By: DEBBIE SCHLUCKEBIER, ATTORNEY-IN-FACT GRE ATAmERIG'1 �H513flANCE COMPAHIE5 Garfield County Road and Bridge Dept. 8120 Highway 82 Glenwood Spring, CO 81601 NOTICE OF CANCELLATION RE: Bond No. 4931963 Dated: October 15, 2006 Principal: Teepee Park Ranch LLC 19 Devonwood San Antonio, TX 78257 Bond Amt. 575,000.00 4350 Treat Blvd , Suite 300 Walnut Creek, CA 94597.7959 Phone (925) 9B8-2252 Fax (925) 935.9361 Notice is hereby given that Great American Insurance Company, as Surety, elects to cancel the above described Bond, executed on behalf of the above named principal in your favor, subject to terms and conditions, as provided therein. You are hereby notified that termination shall take effect October 15, 2007.. This notice is without prejudice to any rights or defenses already existing under the terms and conditions of said Bond, or at law, or in equity. Reason for Cancellation: Property sold to Black Diamond Minerals Return Premium (if any): $ Signed and Sealed this 18th day of February, 2008 GREAT AMERICAN INSURANCE COMPANY Patricia A. Clough, Administrative Assistant CERTIFIED MAIL - RETURN RECEIPT REQUESTED cc: Ms. Peggy Huffman Ward Insurance Agency, Eugene, OR cc: Mr Norman A. Carpenter, cfo James A Beckwith, Attorney and Counselor at Law 7910 Ralston Rd , Suite 7, Arvada, CO 80002 via email: ithamer@a a:ol com SPECIAL USE PERMIT BOND Resolution No. 97-70 Timber Harvest at Teepee CR Ranch Property Bond No-.: FS 4 93 19 62_ KNOW ALL ME 13Y THESE PRESENTS, That the Undersigned TEEPEE PARK RANCH LLC as Principal, and Great American Insurance Company, as Surety are held and firmly bound unto GARFIELD COUNTY ROAD & BRIDGE DEPT, Colorado as Obligee in the penal sum of ONE HUNDRED THOUSAND AND NO/100 for the payment of which, well and truly to be made the said Principal and the said Surety, bind themselves, their heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents.. WHEREAS„ the Principal now has or will be granted a Special Use Permit for natural resource extractions (commercial logging operation); and WHEREAS, said Special Use Permit requires Principal to provide a road bond to ensure the repair of damage attributable to Principal's loggingractivities on CR 320 and/or CR 317 NOW, THEREFORE, if the Principal shall faithfully perform its duties under the above terms of the permit, then this obligation shall be null and void, otherwise to remain in full force and effect PROVIDED, that if the Surety shall so elect, this bond may be canceled as to subsequent liability by giving (30) days notice in writing to both the Principal and Obligee IN WITNESS WHEREOF, the Principal and Surety have hereunto set their hands and seals on the dates set forth below.. TEEPEE PARCH RANCH LLC Date: OCTOBER 1, 2006 Great American Insurance Company Date: OCTOBER 1, 2006 Surety By: DEBBIE SCHLUCKEBIER, ATTORNEY-IN-FACT Gra AIAA IERICAN. INSURANCE COMPARIES NOTICE OF CANCELLATION 1350 Treat Bird , Suite 300 Walnut Creek, CA 94597-7959 Phone (925) 988-2252 Fax (925) 935-9361 Garfield County Road and Bridge Dept. 8120 Highway 82 Glenwood Spring, CO 81601 RE: Bond No.. 4931962 Dated: October 1, 2006 Principal: Teepee Park Ranch LLC 19 Devonwood San Antonio, TX 78257 Bond Amt, $100,000 00 Notice is hereby given that Great American Insurance Company, as Surety, elects to cancel the above described Bond. executed on behalf of the above named principal in your favor, subject to terms and conditions. as provided therein You are hereby notified that termination shall take effect October 1, 2607. This notice is without prejudice to any rights or defenses already existing under the terms and conditions of said Bond, or at law, or in equity. Reason for Cancellation: Property sold to Black Diamond Minerals Return Premium (if any): $ Signed and Sealed this 18th day of February, 2008 GREAT AMERICAN INSURANCE COMPANY ://le e4„ 2. elieL Patricia A. Clough, Administrative Assistant CERTIFIED MAIL • RETURN RECEIPT REQUESTED cc: Ms Peggy Huffman Ward insurance Agency, Eugene, OR fr - 995 d �o2 x,1.290 (f es x cc: Mr Norman A. Carpenter, ofo James A Beckwith, Atto ley and C unselor at Law 7910 Ralston Rd , Suite 7, Arvada, CO 80002 via email: ithamer@aol corn agb c:1'-71711411/41 reAftwAi‘r. TY ATTORNEY'S OFFICE August 20, 2007 Patricia Clough Administrative Assistant Great American Insurance Companies 1350 Treat Blvd, Suite 170 Walnut Creek, CA 94597-7959 108 8i° Street, Suite 219 Glenwood Springs, CO 81601 Tele: (970) 945-9150 Fax: (970) 384-5005 Re: TeePee Park Ranch LLC Bond Nos. FS4931962 and FS4931963 Dear Ms. Clough: Enclosed please find a copy of Resolution No. 2003-39, recorded as Reception No. 628471, in Book 1475, at Page 675 of the Garfield County Clerk and Recorder's Office. This Resolution was the outcome of a hearing before the BOCC in April 2003. The Resolution and the Garfield County Right -of -Way Use Regulations (Resolution No. 2003-113) require that the bonds remain in place. However, to be precise, the bonds should reference Resolution No. 2003-39, attached. Mr. James Beckwith, Mr. Carpenter's attorney, and I are communicating by voice mail. In the interest of getting this Resolution to you, I am copying this letter to Mr. Beckwith without waiting for a telephone conference with him. If you wish to call Mr. Beckwith, his telephone number is (303) 431-9966. My telephone number is in the letterhead. Dep --r . Co my Attorney CMD/bjd enc. cc: James A. Beckwith Fred Jarman, GarCc Building & Planning Director 7,1Myfile5\PLAN\CORREs\Ltr re TeePee 8-20-D7.wpd 1600 Stout St. Suite 1350 Denver, CO 80202 MINERALS, LLC August 6, 2008 Re: Garfield County SUP #203-39 (Timbering) Dear Kathy, Black Diamond Minerals, LLC (BDM) received your written request dated July 30, 2008 to review and report on the current property conditions on Tepee Park Ranch (TPR) as per a Garfield County Special Use Permit #2003-39 for Timbering. Garfield County has proposed a site visit at TPR on August 14, 2008. As I have stated to you and the BOCC, BDM has no plans to conduct commercial timbering operations at TPR Additionally, BDM does not concede that the Special Use Permit obtained by a prior owner, Mr. Norm Carpenter applies to BDM. BDM favors cancellation of Special Use Permit #2003-39. Even if BDM were subject to the SUP, there is no remediation required as part of the SUP to clean up the slash piles. However, as an example of our stewardship of the property, we have already contracted Bill Gheradi, a forestry consultant whom the County is familiar, to inspect TPR and provide BDM with a plan to remove slash piles and other clean-up activities. Once that report is completed we will share the report with Garfield County. Based on the above, we request that a site visit, if necessary, be conducted after the remediation efforts since that will be more benefit to Garfield County. Alternatively, if a visit is still deemed mandatory by Garfield County, BDM requests this visit occur after road construction is complete on WRNF Road #824. Possible dates would be August 25 or 26. In any event, a site visit cannot occur on the date requested because BDM has a previously scheduled meeting with the City of Rifle on August 14. Scott D. Hall CEO Black Diamond Minerals, LLC Phone: (303) 973-3228 x223 Fax: (303) 346-4893 E -Mail sdhall@bdminerals.com SPECIAL USE PERMIT BOND Resolution No. 97-70 Timber Harvest at Teepee CR Ranch Property Bond No.: FS 3 42 22 81 KNOW ALL ME BY THESE PRESENTS, That the Undersigned INTERMOUNTAIN RANCHES, LLC as Principal, and Great American Insurance Company, as Surety are held and firmly bound unto GARFIELD COUNTY ROAD & BRIDGE DEPT., Colorado as Obligee in the penal sum of ONE HUNDRED THOUSAND AND NO/ 100 for the payment of which, well and truly to be made the said Principal and the said Surety, bind themselves, their heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. WHEREAS„ the Principal now has or will be granted a Special Use Permit for natural resource extractions (commercial logging operation); and WHEREAS, said Special Use Permit requires Principal to provide a road bond to ensure the repair of damage attributable to Principal's logging activities on CR 320 and/or CR 317. NOW, THEREFORE, if the Principal shall faithfully perform its duties under the above terms of the permit, then this obligation shall be null and void, otherwise to remain in full force and effect. PROVIDED, that if the Surety shall so elect, this bond may be canceled as to subsequent liability by giving (30) days notice in writing to both the Principal and Obligee. IN WITNESS WHEREOF, the Principal and Surety have hereunto set their hands and seals on the dates set forth below. Date: OCTOBER 1, 1999 Great American Insuran "'Company Date: OCTOBER 1, 1999 Surety By: Margaret/Huffman GMAT AIVERICAN INSURANCE COMPANY' 580 WALNUT STREET ■ CINCINNATI, OHIO 45202 • 513-369-5000 • FAX 513-723-2740 The number of persons authorized by this power of attorney is not more than No. 0 13678 SIX POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS: That the GREAT AMERICAN INSURANCE COMPANY, a corporation organized and existing under and by virtue of the laws of the State of Ohio, does hereby nominate, constitute and appoint the person or persons named below its true and lawful attorney-in-fact, for it and in its name, place and stead to execute in behalf of the said Company, as surety, any and all bonds, undertakings and contracts of suretyship, or other written obligations in the nature thereof; provided that the liability of the said Company on any such bond, undertaking or contract of suretyship executed under this authority shall not exceed the limit stated below. Narne Address Limit of Power ROBERT A. BALLIN LARRY C. BUCK ALL OF ALL RAY PAIEMENT STEVEN J. HANSON EUGENE, OREGON UNLIMITED MARGARET HUFFMAN BEVERLEY VERBANIC This Power of Attorney revokes all previous powers issued in behalf of the attorney[s)-in-Fact named above. 1N WITNESS WHEREOF the GREAT AMERICAN INSURANCE COM PANY has caused these presents to be signed and attested by its appropriate officers and its corporate seal hereunto affixed this 2nd day of February , 1999 Attest GREAT AMERICAN INSURANCE COMPANY STATE OF OHIO, COUNTY OF HAMILTON — ss: On this 2nd day of February, 1999 , before me personally appeared DOUGLAS R, BOWEN, to me known, being duly sworn, deposes and says that he resided in Cincinnati, Ohio, that he is the Vice President of the Bond Division of Great American Insurance Company, the Company described in and which executed the above instrument; that he knows the seal; that it was so affixed by authority of his office under the By -Laws of said Company, and that he signed his name thereto by like authority. This Power of Attorney is granted by authority of the following resolutions adopted by the Board of Directors of Great American insurance Company by unanimous written consent dated March 1, 1993. RESOLVED: That the Division President, the several Division Vice Presidents and Assistant Vice Presidents, or any one of them, be and hereby is authorized, from time to time, to appoint one or more Attorneys -In -Fact to execute on behalf of the Company, as surety, any and all bonds, undertakings and contracts of suretyship, or other written obligations in the nature thereof; to prescribe their respective duties and the respective limits of their authority; and to revoke any such appointment at any time. RESOLVED FURTHER: That the Company seal and the signature of any of the aforesaid officers and any Secretary or Assistant Secretary of the Company may be affixed by facsimile ro any power of attorney or certificate of either given for the execution of any bond, undertaking, contract orsuretyship, or other written obligation in the nature thereof, such signature and seal when so used being hereby adopted by the Company as the original signature of such officer and the original seal of the Company, to be valid and binding upon the Company with the same force and effect as though manually affixed. CERTIFICATION I, RONALD C. HAYES, Assistant Secretary of Great American Insurance Company, do hereby certify that the foregoing Power of Attorney and the Resolutions of the Board of Directors of March I, 1993 have not been revoked and are now in full force and effect. Signed and sealed this , day of _ 5102-95 (11/97) GREATAMERICAN. January 12, 2007 Garfield County Road & Bridge Dept. 8120 Highway 82 Glenwood Springs, CO 81601 Re: License and Permit Bond Special Use Permit Resolution NO. 9 INSURANCE COMPANIES 1350 Treat Blvd., Suite /TO Walnut Creek, CA 94597-7959 Phone . (926) 988-2252 FAX - (925) 935.9361 To Whom It May Concern: Bond number FS 4931963 was been issued to Teepee Park Ranch, LLC to replace bond number FS 54403$0.written for Intermountain Resources LLC, both bonds written through Great American Insurance Company. Since coverage has never lapsed for this license bond, it is our hope that Notice of Cancellation will not be necessary to make our bond no. FS 5440380 canceled as of 10/15/2006_ i€; .this fs acceptable, please sign and return a copy of this lefter as acknowledgment. Your assistance would be very much appreciated. Thank you. Sincerely yours, ge„ Patricia Clough Acknowledged: Admin. Assistant Garfield County TY ATTORNEY'S OFFICE August 20, 2007 Patricia Clough Administrative Assistant Great American Insurance Companies 1350 Treat Blvd, Suite 170 Walnut Creek, CA 94597-7959 108 8:h Street, Suite 219 Glenwood Springs, CO 81601 Tele: (970) 945-9150 Fax: (970) 384-5005 Re: TeePee Park Ranch LLC Bond Nos. FS4931962 and FS9931963 Dear Ms. Clough: Enclosed please find a copy of Resolution No. 2003-39, recorded as Reception No. 628471, in Book 1475, at Page 675 of the Garfield County Clerk and Recorder's Office. This Resolution was the outcome of a hearing before the BOCC in April 2003. The Resolution and the Garfield County Right -of -Way Use Regulations (Resolution No. 2003-113) require that the bonds remain in place. However, to be precise, the bonds should reference Resolution No. 2003-39, attached. Mr. James Beckwith, Mr. Carpenter's attorney, and I are communicating by voice mail. In the interest of getting this Resolution to you, I am copying this letter to Mr. Beckwith without waiting for a telephone conference with him. If you wish to call Mr. Beckwith, his telephone number is (303) 431-9966. My telephone number is in the letterhead. Dep r '- ■ Co my Attorney CMD/bjd enc. cc: James A. Beckwith Fred Jarman, GarCo Building & Planning Director T:1MyFiles\PLANICORRES\Ltr re TeePee 8-20-07.wpd AV-'" GARFIELD COUNTY TREASURER RECEIPT DATE: is -/P-o/ FROM: RE: ,t,e.ez?.4/ e4 -e -Z4- JA-if4-7 SIGNED: _›de.4,y,4.-;efer,„eza.d. BY SPECIAL USE PERMIT BOND Resolution No. 97-70 Timber Harvest at Teepee CR Ranch Property Bond No.: FS 3 42 22 81 KNOW ALL ME BY THESE PRESENTS, That the Undersigned INTERMOUNTAIN RANCHES, LLC as Principal, and Great American Insurance Company, as Surety are held and firmly bound unto GARFIELD COUNTY ROAD & BRIDGE DEPT., Colorado as Obligee in the penal sum of ONE HUNDRED THOUSAND AND NO/ 104 for the payment of which, well and truly to be made the said Principal and the said Surety, bind themselves, their heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. WHEREAS„ the Principal now has or will be granted a Special Use Permit for natural resource extractions (commercial logging operation); and WHEREAS, said Special Use Permit requires Principal to provide a road bond to ensure the repair of damage attributable to Principal's logging activities on CR 320 and/or CR 317. NOW, THEREFORE, if the Principal shall faithfully perform its duties under the above terms of the permit, then this obligation shall be null and void, otherwise to remain in full force and effect. PROVIDED, that if the Surety shall so elect, this bond may be canceled as to subsequent liability by giving (30) days notice in writing to both the Principal and Obligee. IN WITNESS WHEREOF, the Principal and Surety have hereunto set their hands and seals on the dates set forth below. Date: OCTOBER 1 , 1999 Great American Insuran Company Date: OCTOBER 1, 1999 Surety BY: -..- Margare?Huffman f� R CflVrsl Pry i '`! n 1999 GZEr\T AMERICAN INSURANCE COMPANY' 580 WALNUT STREET. CINCINNATI, OHIO 45202.51 3-369-5000 ■ FAX 513-723-2740 The number of persons authorized by this power of attorney is not more than No. 0 13678 SIX POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS: That the GREAT AMERICAN INSURANCE COMPANY, a corporation Organized and existing under and by virt ue of the laws of the State of Ohio, does hereby nominate, constitute and appoint the person or persons named below its true and lawful attorney-in-fact, for it and in its name, place and stead to execute in behalf of the said Company, as surety. any and all bonds, undertakings and contracts of suretyship, or other written obligations in the nature thereof; provided that the liability of the said Company on any such bond, undertaking or contract of suretyship executed under this authority shall not exceed the limit stated below. Name Address Limit of Power ROBERT A. RALLIN RAY PAIEMENT MARGARET HUFFMAN LARRY C. BUCK STEVEN J. HANSON BEVERLEY VERBANIC ALL OF EUGENE, OREGON ALL UNLIMITED This Power of Attorney revokes all previous powers issued in behalf of the attorney(s)-in-fact named above. IN WITNESS WHEREOF the GREAT AMERICAN INSURANCE COMPANY has caused:hese presents to be signed and attested by its appropriate officers and its corporate seal hereunto affixed this 2nd day of February , 1999 Attest GREAT AMERICAN INSURANCE COMPANY STATE OF OHIO, COUNTY OF HAMILTON —ss: On this 2nd day of February, 1999 , before me personally appeared DOUGLAS R. BOWEN, to me known. being duly sworn, deposes -and says that he resided in Cincinnati. Ohio, that he is the Vice President of the Bond Division of Great American Insurance Company. the Company described in and which executed the above instrument; that he knows the seal; that was so affixed by authority of his office under the By -Laws of said Company, and that he signed his name thereto by like authority. This Power of Attorney is granted by authority of the following resolutions adopted by the Board of Directors of Great American Insurance Company by unanimous written consent dated March 1, 1993. - RESOLVED; That rhe Division President, the several Division Vice Presidents and Assistant Vice Presidents, or any one of them, be and hereby is authorized, from time to time, to appoint one or more Attorneys -In -Fact toexecute on behalf of the Company, as surety, any and all bonds, undertakings and contracts ofsureryship, or other written obligations in the nature thereof, to prescribe their respective duties and the respective limits of their authority,; and to revoke any such appointment a/ any time. RESOLVED FURTHER; That the Company seal and the signature of any of the aforesaid officers and any Secretary or Assistant Secretary of the Company may be affixed by facsimile to any power of attorney or certificate of either given for the execution of any bond, undertaking, contract or suretyship, Brother written obligation in the nature thereof, such signature and seal when so used being hereby adopted by the Company as the original signature of such officer and the original seal of the Company, to be valid and binding upon the Company with the same force and effect as though manually affixed. CERTIFICATION 1, RONALD C. HAYES, Assistant Secretary of Great American Insurance Company, do hereby certify that the foregoing Power of Attorney and the Resolutions of the Board of Directors of March I, 1993 have not been revoked and are now in full force and effect. Signed and sealed this / _ •-ei day of r �•':.'-r.. 510295 (11/97) GarfieldCounty TY ATTORNEY'S OFFICE 108 8th Street, Suite 219 Glenwood Springs, CO 81601 Tele: (970) 945-9150 Fax: (970) 384-5005 August 20, 2007 Patricia Clough Administrative Assistant Great American Insurance Companies 1350 Treat Blvd, Suite 170 Walnut Creek, CA 94597-7959 Re: TeePee Park Ranch LLC Bond Nos. FS4931962 and FS4931963 Dear Ms. Clough: Enclosed please find a copy of Resolution No. 2003-39, recorded as Reception No. 628471, in Book 1475, at Page 675 of the Garfield County Clerk and Recorder's Office. This Resolution was the outcome of a hearing before the BOCC in April 2003. The Resolution and the Garfield County Right -of -Way Use Regulations (Resolution No. 2003-113) require that the bonds remain in place. However, to be precise, the bonds should reference Resolution No. 2003-39, attached. Mr. James Beckwith, Mr. Carpenter's attorney, and I are communicating by voice mail. In the interest of getting this Resolution to you, I am copying this letter to Mr. Beckwith without waiting for a telephone conference with him. If you wish to call Mr. Beckwith, his telephone number is (303) 431-9966. My telephone number is in the letterhead. Dep• -=r • Co my Attorney CMD/bjd enc. cc: James A. Beckwith Fred Jarman, GarCo Building & Planning Director T:1MyFlies\PLAN\CORRES\Ltr re TeePee 8-20-07.wpd 1 11E1 1E1 111111 111 1111111 11111 11111 Elf 11111 1111 11 11 628471 06/02(2003 04 00P B1475 P675 11 AL500RF 1 of 4 R 0,45 D 0.00 GARFIELD COUNTY CO STATE OF COLORADO County of Garfield )ss ) At a regular meeting ofthe Board of County Commissioners for Garfield County, Colorado, held in the Commissioners' Meeting Room, Garfield County Courthouse, in Glenwood Springs on Monday, the 21st day of April, 2003, there were present: John Martin , Commissioner Chairman Larry McCown , Commissioner Tresi Haupt , Commissioner Don Deford , County Attorney Mildred Alsdorf . Clerk of the Board Ed Green , County Manager when the following proceedings, among others were had and done, to -wit: RESOLUTION NO. 2003-39 A RESOLUTION CONCERNED WITH THE APPROVAL OF A SPECIAL USE PERMIT APPLICATION FOR NATURAL RESOURCE EXTRACTION FOR NORMAN A. CARPENTER WHEREAS, the Board of County Commissioners of Garfield County, Colorado, has received application from Norman A. Carpenter for a Special Use Permit to allow for the extraction of natural resources from the site identified in the application; and WHEREAS. the Board held a public hearing on April 21, 3002, 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 WHEREAS, the Board on the basis of substantial competent evidence produced at the aforementioned hearing, has made the following determination of fact: 1. That the public hearing before the Board of County Commissioners ems extensive and complete, that all pertinent facts, matters and issues were submitted and that all parties were heard at the hearing. 1111111111111111111111111111111111111111111111111111111 629471 06/02/2003 04 OSP 61.475 P676 M RLSDORF 2 of 4 R 0.00 D 0.00 GRRF I ELD COUNTY CO 2. That the proposed special use conforms to the 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, including, but not limited to all standards in Sections 5.03.07 and 5.03.08. 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. 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, including the forestry plan, shall be considered conditions of approval. 2. That all timber hauling on County Roads be on Monday through Friday, between the hours of 6 a.m. to 6 p.m. Not included in the hauling hours are the trips in and out of the property by loggers and unloaded trucks accessing the property before 6 a_rn.. Any helicopter hauling will only occur between the hours of 7 a. m. to 5 p. m., Monday through Friday. Haul trucks will not travel in a convoy, they will be spaced at least 10 minutes apart, before leaving the property. 3. That the forest management practices and revegetation will be monitored for compliance with the conditions of approval contained in the resolution of approval, by a consultant for the Board, agreed upon by the Board of County Commissioners and the applicant, and paid for by the applicant. 4. A road bond will remain in place with the County to overlay 1.6 miles of CR 320 with asphalt at the completion of the timber harvest. 5. The Special Use Permit, when issued, is subject to review for compliance or noncompliance with performance requirements associated with the issuance of the permit. The applicant shall submit a report one year from the date of issuance of the permit, 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 or revocation of the permit or that 1111111 11111111111111fill 1111111111 Ili 11111 Illi 1111 626471 06/02/2003 04:00P 61475 P677 it ALSAORF 3 of 4 R 0.00 0 0.00 GARFIELD COUNTY CO conditions of approval must be met before additional activities can occur on the property. 6 All vehicles used in conjunction with logging operation must be properly licensed in the State of Colorado and the appropriate documentation provided to the Garfield County Clerk & Recorders Office verifying the licensing. 7. The hauling of logs will be discontinued during normal seasonal times for local ranchers 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. g All revegetation of the site will be done with certified weed free seed rnix. 9. The haul route will only be along CR 320 from the intersection of CR 320/317 to Taugenbaugh Ave. in Rifle. Additionally, an overweight vehicle permit will be acquired for each vehicle needing such permit. 10. Upon transfer of ownership of the property subject to the Special Use Permit issued in accordance with this resolution, the new owner(s) shall meet with the Board at a regularly scheduled meeting of the Board and published as an agenda item of the Board. 11. Prior to the issuance of the Special Use Permit, the Fire Management Plan shall be filed with the Garfield County Sheriff s office and the Rifle Fire Protection District. 12. Compliance with all terms and conditions of approval contained in any permit issued to the applicant, its successors or assigns, by any local government, state or federal agency, ShR1l be deemed to be conditions of this Special Use Permit. A violation of any of the terms, conditions or provisions of such permit( s) shall be deemed to constitute a violation of the terms of approval of this Special U se Permit. The applicants, their successors and assigns, shall notify the Garfield County Board of Commissioners of notice of violation or violations of such permits as issued by any focal government or state or federal agency. The Garfield County Board of Commissioners shall be notified within ten (10) calendar days of any violation or notice of possible violation. 13. On or before October 1, 2003, the County's consulting forester, hired in accordance with paragraph 3. above, will do an on site inspection of the site to review the applicant's compliance with the conditions of approval in this resolution. A report will be prepared for the Board of County Commissioners after the site review, presenting the findings. Dated this a„„a day of .-owe , A.D. 2003. 11011111111111111111111111111111111111111 11111 111 1111 528471 06/02/2003 04 00P 01476 P678 M ALSDORF 4 of 4 R 0.00 D 0.00 GRRFIELD COUNTY CO ATTEST: e'`Ry��yl5il yl+11�. • 0 Clek It of the Board Upon motion duty made and seconded the foregoing vote: GARFIELD COUNTY BOARD OF COMMISSIONERS, GARFIELD COUNTY, COLORADO CO u COMMISSIONER TRESI HOU COMMISSIONER LARRY L. MCCOWN STATE OF COLORADO )ss County of Garfield , Aye Aye Aye I, , 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.2003. County Clerk and ex -officio Clerk of the Board of County Commissioners iiiiiRESOURCE MIME ®®®I!!IM E N G! N E E R IN G I N C. James Neu, Esq. Leavenworth & Karp PC PO 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 logging 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 carnmitted 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 forturbidities 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 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 PSBImmm 341-10.1 Jr; be T-97.34t.wpd CC: Bill Sappington Exhibit B Kind; NATIVE CRSS MIX Mixture/Va \ ety MOUNTAIN BROME}BROMAR ALSIKE CLOVER, 9NS SLENDER WHEATGlA SS, PRYOR A Crop ,20 % I ert .73 % Weeds -•i .Crop NONE FOUND Lot: 48830 Pure Germ Origin 53.55 % 95 % WA 22.85 % 98 % MT 22.62 % 93 % CAN 2 % NetWt 50.00 # Te§ted: 02-02 Aua°26-2002 03:50pm From -INTERMOUNTAIN RESOURCES LLC 879249x727 TEEPEE PARI{ RANCH 2002 HARVEST PLAN T-304 P.002/010 F-460 ROAD CONSTRUCTION We plan to resume haul road construction as soon as ground conditions permit. Planned construction (see enclosed map) is from "the cliffs" southward into Porcupine Creek. drainage and the northward toward Houston Mountain and the narthwest.portion of the Teepee Park property. Additionally, construction will occur from "the cliffs" southward into both the southern and northern portions of the Tepee Creek drainage. Again, roads will be slagged in prior to being constructed. Alt construction will follow the requirements of tl)e Teepee Park Forest Management Plan (the plan) and conditions of the Fifer Letters dated March 3, 1997 and April 22, 1997. Additionally; we adhere to recommended practices in BMP's for Colorado's Forests. Construction will be a combination of dozer and excavator. All necessary support vehicles will be on-site, as well. Revegetation practice4: will follow the guidelines of the BMP's and the plan. Required seed will be broadcast spread at the recommended rate; mulching wilt be applied per guidelines also. 'UPCOMING LOGG.[NG ACTIVITY Initial 2002 timber harvesting will occur in the "blow down" area of section 31 (identifiedon the map as that area east of Beaver Creek. Once harvest in this area is complete, our intent is to move to the top of the mountain- concentrating in the Porcupine Creek drainage and the Tepee Creek drainage. We will have a minimum of one logging contractor operating on the ranch. The logging methods consist of fell:'-r,bunchers and associated equipment and the possibility of a hand falling side. When log removals begin in earnest, we expect to remove 10 +1- loads per day. EROSION CONTROL We will have all required erosion control materials on-site before any construction or harvest activities begin. The minimum inventory for "emergency erosion control" is contained in the BMP's of the plan. We will typicallyuse water bars on skid trails requiring erosion control measures. We may supplement this with a layer of slash on portions of the area. Spacing of water bars is dependent on the slope of the skid trail. SUMMARY OF PREVIOUS YEARS' REVEGETATION EFFORTS • Aug -2S-2002 03:50pm From-INTERMCUNTAIH RESOURCES LLC 5702490727 T-304 P.003/110 F-460 After the 4`h ofJuly fire, We constructed several miles of road to the top of the east part of the Porcupine Creel: drainage. Harvest started in this area in the fall. Volume removed to date is 1,996 rnbf on 446 loads. 353 '....f-�ESDURCE . ..... ■1 UU 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, I 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. I 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 just 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 on-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 the2001/2002winter logging will.occur in Porcupine Creek Basin although a small amount in the West '/z of Section 31 in the Bearer Consulting Engineers and Hydrologists 90S Colorado Avenue ■ Glenwood Springs, CO B1601 ■ [570] 945-6777 ■ Fax (970) 94E-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 noevidence of any activity which has impacted Beaver Creek. Certain recent activity in the process of being completed to acceptable standards. I propose a field inspection in late September to verify that the clean up work is complete before winter. Sincerely, RESOURCE ENGINEERING, INC. F�aaul S. Bussone, P.E. Water Resources Engineer PSB/mmm 341-10.1 bs watershed 1-97.341.wpd CC: Chris Meyer RESOURCE ENGINEERING 1 N C- ior Aug-26-2D02 0350pm From -INTERMOUNTAIN RESOURCES LLC 9702480727 T-304 P.004/010 F-460 TEPEE PARK LOGGING PLAN 2001 ROAD CONSTRUCTION We plan to begin haul road construction as soon as ground conditions permit. Our road construction contractor is Masterson Construction. Mr. Masterson has been constructing roads for Intermounrain Resources for three years and has extensive knowledge on Colorado's Best Management Practices (BMP's) regarding road construction, as well as a broad background constructing roads on national forest lands. Roads will be flagged -in prior to beginning construction. All construction will follow the requirements of the Tepee Park Forest Management Plan (the plan) and conditions of the Fifer Letters dated March 3, 1997 and April 22, 1997. Additionally, we adhere to recommended practices in BMP's for Colorado forests. Construction will be .a combination of a dozer and excavator. All necessary support vehicles will be on-site, as well. Revegetation techniques will follow the guidelines of the BMP's and the plan. Required seed will be broadcast spread at the recommended rate; mincing will be applied per guidelines also. UPCOMING LOGGING ACTIVITY Our intent is to have jointactivities in the Beaver Creek, Porcupine Creek and West Mantra Creek drainages. Our initial and major harvest and log removals will occur in the Porcupine Creek and West Mamrn Creek drainages this operating season. Harvest activities will commence about August 1Sth. We plan to deck the majority of the logs harvested and haul them when the ground is frozen. This will help mitigate damage to and erosion from roads. We will employ a variety of silvicultural practices in our harvest. This will favor diversity in the stand structure nnd will support diverse wildlife species. The practices will include areas of gaup selection, shelterwood removal and individual tree selection. A commercial thinning is an option on a portion of Tepee Creek. Aspen stands will be harvested by coppice cuts. We will have a minimum of one logging contractor operating the area. The logging methods consist of feller-bunchers and associated equipment and the possibility of a hand failing side. When log removals begin in earnest, we expect to move 10 +1_ Loads per day. At this time, we do not foresee. hauling logs after January, 2002. Ag -2E-22 03:50pm From -INTERMOUNTAIN RESOURCES LLC EROSION CONTROL U02490727 T-304 P.005/010 F-454 We will have all reqired erosion control materials on-site before any construction or harvest activities begin. The minimum inventory for "emergency erosion control" is contained the the BMP's in the per.. We will typically use water bars on skid trails requiring erosion control measures. We may supplement this with a layer of slash on portion of the area. Spacing of water bars is dependent on the slope of the skid trail. SUMMARY OF PERVIOUS YEARS' REVEGETATION EFFORTS There was no logging activity last year. However, we did perform sortie additional grass seeding on a couple of areas where prior seeding did not take on national forest lands from road construction in 1999. oad�nzrtruc. awn July 1, 1999 July 20, 1999 August 5, 1999 . Septeinber 10, 1999 .Timber Harvesting June, 1998 to January, 2000 August 15, 1999 October 1, 1.999 to February 1, 2000 nig inn)rnn• I AIM I Timber Harvest Plan Tepee Park Ranch Begin reconstruction of County Road #317 as required by Garfield County, This involves installation of the inter-visable turnouts, road aggregate placement and necessary drainage structures. (Pending county's approval of timetable) Construction and reconstruction of road required by US Forest Service. This would be a continuation of County Road 4317. Initial construction of roads and culvert repair of Intermountain fee land (Tepee Park Ranch). This is a valid timetable cooly if Resource Engineering's initial water testing is complete. . Application of asphalt lift on County Road #320. Planning and unit layout of harvest units and tributary roads is a continuation of layout work done dung 1998. Special consultant, Mr. William Gberardi, continues to participate weekly on this process. This is earliest date we anticipate to have cutting areas defined and available for initial timber harvesting. This time period is when we plan to conduct our major harvesting activities for this year and into next. During this period, timber harvesting will be performed by one principle logging contractor. Frozen ground conditions and a low volume of public traffic will permit ideal "low impact" harvesting operations. All harvesting activities are planned to minimize effects on water quality. This should result in balancing harvest management operations throughout the four major drainages - i.e. Beaver, Porcupine, West Marnm and Tepee Creeks. IM i nea..n IS /%99 140.annn,u .vlvi 11n.uuun1 taw.. i. • • a. • • - General Information • All operations will be conducted as defined by Colorado's BMF guidelines. Silvicultural systems will be employed consistent with those defined in the BM?'s and Tepee Park Forest Plan. Logging equipment used will be modem state of the art systems specifically accepted by the State of Colorado, U. S. Forest Service and other federal agencies. Summaries of prior years' activities and water quality monitoring have been previously submitted and accepted. 1 Aug -19-2002 01:8Tpm From -INTERMOUNTAIN RESOURCES LLC • 9T02490T2T T-218 P.007/007 F-273 ° . 31 aPt " lir 1 aF- -:, I • c I .i • J$r• .l% J II._ li` i'i'.-45..;.m.gi ..---,77,7— ,,) • : r ; r' rP „:. r,;,...... -,:q.'-- . ,'I .:,- ,fit ;....,_,7:-/.,1.--„::.::„...._....:..._� �- �_ ;::`� .. j �• �j ' • �` '..iii.;,, t:.:1;t)wj) j:-;,> )- ) ci, . rt " �-. �, :.-r: 'i'{{fir. T7 c . Ar '.Y`i .34 � • • , r � 5r • i rte •�r ,-. y,•,.-� Lt . j N G�� .�Tr`J,r ..F" • h:`,: ',1 i • .,a.. IA( .��r ialailiMillign • ± f . 11,....-;',;:., )1':1LJ^:.:41'i1y�� •..!.1..:4(7%,,,,7:1...k.:1:,....,. • '.•.�' r r♦tin •+ �, • y `,-_ • �. N 1 .•r 1 +y N. . 1 w rouliq a g21 X • r . l f .}...1. • .•1 I; ~rl' �/:• , . -' , M. R , N. f .fir 1 • I• , •.• ` _T t. I. ' 1•� .\',rs, t J,r,X-7„.f,;•\,-.,7.Ip .** i 1 / t.i.1. t -.L:-+Mz31 _'. •*ti,1 1 jr• [- ,, E• l'... ! --- '-.4.;,,,',...N,, . 4 '� 1'`1� ���„44" � •'•••0.-... 1 1 . • •' I , � ' . I ▪ -• ..--..U... ./ 0 . • •'. !ay..: :mow r �'1.�..r • w� . -:".7 � �� 4• ..•^ ; _ }r�f:►.• + I I+ ' t� ' i;�l...l — ',t.-�.f., +f-�£-.Iy • - \ .t 11:1 �i• :-- ��• !r.�`1•101;-7.1:110 . rr'�. ti.•�- •.r1rJ t 4.',...:....----'.:W:::::1.7•%,.......,,.jr�'e1� -• —;u_. r -rte" •'"'r 1 .�� ' Y •es• ^ - - • • .'i" CD -:i •�, www ' j v• :.-11.1.4.:;11.--,..1 ---.... _- % ...! ...:•.3...... .M • rr • 4\ • rnf.1...7y I .t' • • • • --ii_, • .4 .•••f!f •L c+,=, . '• / ' . r...�. , ..• . r• • w=' 1 11' i �.. Y• ar 1 Cief~=. _ �,;•'��:. it ,::;. ' ... . '-.5 • , 1. • �-1....4, . • • i • • -1h • a BM -RESOURCE ■•U■I■ E N G I N E E R I N G I N C. Mr. Lee Leavenworth Leavenworth & Tester PC PC Drawer 2030 Glenwood Springs CO 81602 RE: Rifle Watershed Permit No. 1-97 intermountain Resources, LLC Dear Lee:p,VEfyWURT)<1 & TEST=R, We received a reap from Chris Meyers, intermountain Resources, showing the proposedP.C. 1999/2000 road construction and logging areas. Most of the proposed activity is within the Beaver Creek watershed on private land but, some road construction within the watershed is on public lands. A portion of the roads and logging areas are outside the watershed. Upgrading Garfield County Roads 320 and 317 is also included in the proposed work. Approximately 7.5 miles of roads will be constructed or upgraded within the watershed and 90 to 100 acres of area will be logged. George Foley, acting District Ranger, U.S, Forest Services, said that the plans for the proposed road on public lands have been submitted and reviewed but no permit has been issued to date. C August 11, 1991 } il Au G 1 6 1959 i According to County Planner, Mark Bean, the plans for County Road 320 and 317 have been submitted and are under review. No approvals have been given by Garfield County at this time. The water quality base line data has been collected except for ane last reading which is scheduled for the week of August 16, 1999, Upon final approval by Garfield County and permit issuance by the U.S. Forest Service, we would recommend that the City approve the 1999/2000 plan by Intermountain Resources. A pre -construction meeting and field trip is recommended. Sincerely, RESOtrRENGINEERING, INC. aul 5. Bussone, P.E. Water Resources Engineer PSB/mmrn 341-10.1 0 Inter-mtn.341.wod 82Z -d 160/£00'd BIZ -1 oirmo ni; 111 CM111111OU U1v1U4r*MU1Iup 11 11 m.iin.in mon, ni ■n�+ August 6, 1999 Exhibit R _ AdIMIW 1116Y,. INTERMOUNTAIN RESOURCES, LLC 11925 6530 Road P.O. Box 670 Montrose, Colorado 81402 (970) 249-0812 Fax (970) 249-0727 Mr. Paul S. Bussone, P.E. Water Resource Engineer Resource Engineering Inc. 909 Colorado Avenue Glenwood Springs, CO 81601 RE: Logging Plan Dear Paul: As per your request, enclosed you will find a map indicatingaur proposed road construction and reconstruction of roads planned for 1999/2000. In addition, are the areas we propose to fog during the 1999/2000 season through May, 2009. if you have any questions, please feel free to notify me. Respectf Chris Meyers Owner CM:hc Enclosure C17_J lnnl7nrt'4 017_I 171n2ti7fl12 R11 P7'Y11fIne JL it I V 11ltlniNU, I LI I ..IIW, I III,I In. In "Aft, w1 ■r1a EEPEE PARK RANLH Rifle, Colorado High Mountain Forest Retreat February 26, 2003 PikeY -41:5 Mr. John Martin, Chairman Board of County Commissioners Garfield County 108 E. Eighth Street, Suite 213 Glenwood Springs, CO 81601 ��- 03 Dear Mr. Martin and Commissioners, Please allow me to share with you my personal perspective as landowner and steward of the Teepee Park forest ecosystem. Be assured that my intentions to improve the health of the Teepee Park forest and Beaver Creek watershed through selective timber harvest are not in conflict with your own intentions to represent the collective best interests of your constituents. I feel that we can, and must, work together to accomplish a mutually beneficial objective. Long before I authorized felling of the first tree in Teepee Park, I studied circumstances pertaining to age and declining health of the forest, diminished soil moisture and stream flows, and increased fire hazard resulting from inability to apply sound forest management practices. 1 witnessed expanding mortality caused by pine and spruce beetles, and the inadequate replenishment of timber stocks caused by excessive density. I saw firsthand the reduction in big game habitat in areas of extreme density or uncleared blowdowns, with accompanying reduction in forage. I observed streamflows below what they could be with proper ecosystem management. And I saw us on the brink of a catastrophic wildfire. When I was convinced that selective harvest was essential to the health of this forest ecosystem, l hired Mr. Gherardi of Woodland Management Consultants for the very purpose of providing professional guidance to improve the forest. Mr. Gherardi was recommended to me primarily for his experience, abilities, and familiarity with the property. It also appealed to me that Garfield County's consultant would be the same person who would guide me in this harvest, so that we could be in harmony. My objective as expressed clearly to Mr. Gherardi was to improve forest health, stimulate new growth, enhance wildlife habitat, and increase stream flows. I specifically instructed Mr. Gherardi to selectively harvest a limited percentage of mature trees to open the canopy; to remove all damaged, sick or infested trees to eliminate beetle infestation or disease; to accelerate new growth through greater availability of nutrients, sunshine and moisture; and to protectand enhance wildlife and stream habitats through implementation of proven forest enhancement techniques. Studies show that a professionally managed limited harvest will increase moisture penetration through the canopy and into the forest floor without increasing runoff, thus stabilizing seasonal stream volume. 1 believe this will enhance the cool, pure water necessaryfor survival of resident pure -strain Colorado River Cutthroat trout in time of drought. Mail Address: 12403 Nacogdoches, Suite 110, San Antonio, TX 78217 Phone 210-599-7926 + Fax 210 653-3254 GarCo 6CCC 2125/03 p. 2 I have found Mr. Gherardi of Woodland Management Consultants to be a highly qualified and capable forester, well versed in sound forest managementtechniques, and cognizant of the latest studies. Beneath the veneer of a mountain man, Mr. Gherardi is a well educated and highly skilled forester, and 1 don't wish to change horses in mid -stream. If you choose to hire another consultant at your expense for a second opinion, I am confidentthat he will confirm that the forestry management practices implemented by Mr. Gherardi are sound. I am equally confident that the expert direction of Intermountain Resources foresters and the careful professionalism of Willard Hahn's timber harvest crew are exemplary. My inspections and personal conversations with crew members confirm that they are highly trained; careful to avoid harm to the ecosystem as they are with equipment and personal safety. I can promise you that only the most experienced and capable timber harvest and road building professionals who share my views will be used in Teepee Park. The enclosed articles published in the Middle Park Times (Grand County) reflect my core beliefs on which my stewardship of the Tepee Park forest and stream environment is founded. Please review these articles before any further discussion of this matter takes place in public venues. If you are not already familiar with the various studies of professional forest managers, you may want to obtain a copy of the latest Annual Report on Health of Colorado Forests as prepared by Colorado DNR Division of Forestry. It is time that public administrators and private landowners join forces to insure the health of Colorado forests under our purview, in accordance with best commercial practice and in compliance with scientific discovery by mainstream environmental researchers. We should not allow ourselves to be influenced by hype, or give in to outspoken individuals with self-serving personal agendas when those opinions are not in the best interest of the long term vitality of our watersheds and forests. Sincerely, (17 Norman A. Carpenter Owner Teepee Park Ranch encl c: Mr. Mark Bean, Director, Planning Dept. Mr. Don DeFord, County Attorney Mr. James A. Beckwith Esq., Atty. Mr. Joseph Duda, CSFS Mr. Christopher Meyers, IMR LLC Mr. William Gherardi, Woodland Management Consultants Mr. Willard A. Hahn, Hahn Logging & Excavating Page 6, Tuesday, February 5, 2002, The Middle Park Time oily, Tribune ortal Concern for state's forests is increasing "There is a seriaUs.forest'health;i,•tfientality 'of.people who see a problem in Colorado It s not a.`:.:stand of 'aspen or lodgepole pine —myth-it.as.veryseal.' trees -ant e,t1Lto;_p-reserve that • sceiie-as-.if-it-were a photograph in _ Readers. of` the_iLfiddle'Ptirk a -museum: Forests are either liv Times have been reading:state- ing' or dying: It: has been frustrat- ments like the 'one- above-for'the •ing for -:4s to watch too much of =past 12 years, This space has -,been ' our timber;die in place, while am- used to bemoan the lack if forest 'ber harvesting, precommercial management of .tlte strate;and thinnings and tree planting have national forests: in_ C,olnt•ador:We • been put on the back shelf by too have decried the shortsighted, many of our forest managers. Ypurrt&Ythink the -initial state ment above is just another diatribe by this newspaper.- Ynu. would be iwtong;ThaLwaS-ri statement rriadd by Rick Cables, Rocky Mountain, regional forester for the U; S. Forest Service in testimony, before - the Colorado Mate Legislature. Cables las `joinedby Bill Schaupp;'a U.! -S, Forest Service entomologisC.who testified about the growing infestations of moun- 1 tain pine beetles and spruce bee- tles: About 68 percent of Colorado's•2.6 million acres of forest land is under federal owner- ship management. For more details about the report made to the state Legislature's agriculture committee' please see the related story on`Page 3 of this issue. 'The main poiint Of this editorial is not to adopt a we -told -you -so stancc..We•reaiize this newspaper is barelly.a:blip.onthe;radar•screen of statewide .pol.i;tics:.Mnstly ,we are glad to hear:that c`:orrecr infor, matiran is tieing reiaycd so rational decisions can be made.: • - : II is'frutrating to drive through national ,forests, and seer,the trees • On entire hillsides'.skiwly'dying:, it " is' equally ffsisirating to' re'aliie that Hauch ,of forest.;rnanagement has sic en,curt ai l e d.: by., the. pre va i l = • :ing,public.:opinionthat timberhar- . v..est' is:.iinaccepiable :It' is rnost .' frutratittgtieo•knothat forest-' i'managesneiill.is the key to provid- ,;ing:jobs.•and money for the econd- lry. !-\ NP in providing those pie: sur;edict:feet,,Jti3lsiti..erscen�sthat' we a]1 love. - seems -i :at-wc:.yas-humans .:. need.crises'to riiakeaany;kind of• . significant changes: V4re:hope that . = this:_repprt; at lhe':statelevel is ,the first step ta.w-ard; developin•g a • rational plan; that c.V,aluates the '.whole picture and not .that of. ape_ - -. •cial.;interest and narrow-minded • groups:: If that•; happens. ,then - '; maybe those itiillions nf dying, trees'in':Colorado won'I be lnsl:i11 T „_ . j:• -F'. .i'r.� �.. .i•.-'r-,.!?•t�i�+i.,':j--r: •il�,t- - the Middle -Park Times / Daily Tribune, Tuesday, February 5, 20O2;'Page 3 Colorado'sforests fail health examnation A joint -session of the House and Senate agriculture committees met Wednesdaymorning to discuss the find-• •;logs of the first annual-t-eport-on the .- - health .of Colorado's `torests;-.produced Eby,• ,the Department of Natural • Resources' (DNR) Division of Forestry.. The annual forest health report -was required by- the. 2000 statutecreating the Div sign of Forestry, sponsored by .Representative -,Diane Hoppe (R Sterling), wh•o chairs the House commit-. tee. ' ' At the 'hearing, Rocky Mountain regional forester Rick Cables told -the coniniittee in -bold' and' direct language, `- "There is a serious forest health problem • inColorado. it is not a myth; it., s very -real--."'-Cables was ,jorried by:;,Bill 5chaupp;.a U.S. _Forest' Service entoml- dgist-who testified about the growing infestations of mountain pine .beetles and spruce beetles throughout Colorado forests. About 68 percent of Colorado's 2.6 milIinn acres of forest -land is under :federal n�ership owmanagement. The newly -released addresses the tniist critical forest_health' issues that are facing. Colorado; according to DNR' :executive director -Greg Walcher. "Part of_the intent of this report is to_ t.on:veY. the urgency of .Colorado's forest health -problem; said Walcher.. "Soiind- science •.aitd'• forest_ management experts -have given us a critical tool w:itli which_ to begin an important: public dialogue" . Erb Hubbard. Coloiado state forester and director: of =the new. Division. of -Forestry,' has long advocatedj action on the -ground to achieve improved forest —conditions on' all of nerships, -not just forests held by -the state or the --federal government: According to Hubbard, the report addi-esses'.the projected sustain- ability of c}rrren-t, torest management - practices. • "In- Order to Maintain good forest_ -health for generations to come, we- sim- ply have .to take.acloser rook at our cur- et piacnces.' said Hubbard..: _ - -Some of the more -:pressing issues -affecting the health of Colorado's.' forests -_ are insects, disease,. diminished water flows, and fuel buildup, especially in the• wildland-urban interface; according..to. the a first annual report. ' .All these .problems:ate symptoms of• the `generally poor condition: of - Colorado's forests, including a iarge`per, ce•ntage of single -age stands, and what _ the U:S- Forest, Service: Called a. ".major outbreak of [Tees" on• Colorado's -federal, state, and privately owned lands: Representative Diane Hoppe,'a long- tinie champion of forest health-related issues., emphasized the need for more dialogue 'regarding forest issues: According .to Hoppe, this:. is only the first step. - "The_.patch.work. land ownership of• - Ctiloradti involves so "ruiny. entities that cohesive forest management -plan has; -been difficult to obtain in the past;' -:said- -Happe, -.'Innovative •stewaidship.and cooperation between private landowners and public land managers could -very well deterrni ne the fate Of Colora�iii's forests.".; Nancy :Fishering,-a-consiiltant.:t:or.. Intel•'mountain •Resources, LLC; -and chair et_the Forest_AdvisoiyBoardrwas quick to. paint Out the:potential for great cooperative. successes .as.:a•result •of the tiew report. "This.repor't is 'aimed- at' bringing together ail forest managers including tederal, state. local, -tribal, pri vate and non-profit_ entities to jointly— assess the problems of forest health and seek solutions:: said Fishering: ' • - -- - The -report outlrries =in detail major issues •that haue been ii entified- in,, Colot•ado's forests, including: - - Changes in vegetation ,caused- by ••_such actions as suppression of forest fires that have. resulted .i n CO]Clraiin forestsconcentrated in -older age -classes wiith.vit,ivaiy_ np-significant forest in. the ]zero to 20 -year age class and a marked declinein aspen forests... —r Significant insect and disease impacts that appear to be growing under current forest management practices resulting' in. loss:. of trees'ty-the_pine bee- tle,, spruce beetle, and other pests and. diseases: •— Recent changes'in. vegetation ilong with wildfires that, impact water- mshed storage and can result in rapid runoff -and erasion. - Dirninished:snowpack runoff, caused_ by the •increased -forest density resulting- in eva.paration Beforethe water7:can : reach ',the ground.. has ;changed streams •and rivers; producing ' impacts On wildlife and changes -in ;vegetation. x 14A M* SAN ANTONIO EXPRESS -NEWS FRIDAY, JUNE 14.2002• ert says forests need to be thinned CONTINUED MOM 1A fi- - to destroy the forest We are be- ing very frustrated in getting the authority to go in there and clean some of this stuff out" In testimony last month ,be- fore Congress. Agriculture Sec-. retary Ann Veneman criticized the Fbrest Service fir anti•Iog- girrg policies that have placed 73 million acres of national forest at .moderate to high risk from wildfire- ' Jane Aanowitz, director of the Heritage Forests Campaign, re - *bonded that the White Houses "locus .af timber as a -commod- ity is just one more example, overall of the Bush adrn nistra- tion's total embrace of the big Edrporate agenda," the Associ- a-ted Press reported - On Thursday. about 400 addi.• [conal fu-eiighters• joined the 965 people struggling to bring under central. the conflagration: that's. believed to have been caused by: an illegal campfire six days ag6' The Fbrest Service estimates: is may take three months to • Qompletely extinguish ..the . Hay - Man blare, located, in the Pike National Forest southwest of Eenvec Thursday afternoon, the fire = which has burned 140 square .destroyed at least - houses and forced the evacua- tion of 5,400 people — still was only, percent contained, the Forest.Service reported. Humid. • less- windy .weather: Thursday allowed '-workers tp. 4take Jiiore aggressive attacks, en the fire, said Rick -Cables, the., &erv'ice's: Rocky Mountain re' gional. forester ';': - a Here bn the southern tip of the Hayman firer evacuated resi- dents milled. around an outdoor,. bulletin- board' displaying: ani enormous map at the Forest .Ser'vice's 'command center . to nee if fire had yet overtaken Net - - - M. SPENCER 4REENIASSOCL*TEDPRE55 Fire. Information Officer Marilyn:Fagerstrom.walks-across a burned -out ridge in a subdivision outside Lake George, Colori - • -their homes -.Some turned away - near CrystalCreek)Ust outside :Inside' the forest;Thgrsday af--. Ponderosa pine :and :conifer in tears.' " ='; :tithe Pike National Forest:. - :: ' ternoon, firefighters ;-.scanned that:-psually Osler -a;;SS per- • Holding on to her composureyt,'. lee• just painted the house• the south side of'PilotPeak for cent tuel':rnoistnre'.leiieL;are as was Viirginia Halsey, a::former- two ks'ago," she said. -'.'What flying bits:. -of bet'tsrriber that. -low. as 9 peree:r1 0retighters Florida schoolteacher 'whii='de::. ve need is a lot of luck.'Tt looks could bring , the Elie . -further 'said:: -scribed the home where she'tias. like there's still room for us to. south. Prairie McLaughl n; 10, a spent the. past 27 siuntners:as "a have it" `It's so dry, se dry," said_Paul shoveler from :the Standing .0 'retirement dream- Halsey and her faintly' likely-. Gransee„.'.::a'--firelighter, :from R9ck,_F'lre. Department in La-. - Orr Thursday afternoon; - two .0411 return fa Florida until next Mead, Cola- "You wet down.an` kota =Sioux :territory south of _ days. after evacuating with her summery she. said- .Other eva- area• real. good, ge. to load -upon • Bismaeclt; `I,l'b took a break to ti husband and two cats line: was a mile from her home arada Springs 40 miles east- smoldering again.” About 40 other firefighters ters b rster Bh bpfister@express-news.net ••� "It's so dry, sn, dry You 'wet down an area real good, go to load up on t .:more •Wafer, corm' back,-, "and it's' smoldering °r again. _ PAUL GRANSEE ; fire fighter from Mead, Co /1`: from her reservation, iticlucfins her cousin, were an the north ern side of Pilot Point. 'llet brother had to opt ogt.6f,duty a few days earlier after develop. ing a tear' in his 1ung''frrim 'breathing in sthoke,-she'said_ _t :1 er voice barely, was a .whis, per after two -weeks of fighting Fires across Colorado;:. but she said she was undaunted. fell in love with this work," McLaughlin said_ "You see pine trees literally explode ir1 front of you_ It's exciting: - 7 Another firefighter, who asked not to be named, con Wired. "It maysound strange. bus _ v t :want 'to be ,meal=_ the fire," ,h0 said "Today is less .busy:a litti boring,, Yesterday , eve; eve humping, It was fun -'It. ry g��'. 1. ;:The Hayman. fire .is` one .ti seien. burning ur Colorrdo,:on+ chiding :One : near. -:Glen wop`r Springs, 150 roles ,west of Deng 'v� ver 'that 147d CnnceiTtt dim ed ....++4 L 12,006 acres:'`.., t::: :: �• e Forest Service said it was, s percent 'containeii;Thursdayi afternoon:. r4=1 A 'fire in • no;theatter o .New kIexipo;;:;:witich has: ';hurried 1,0X1: acres, was ispercent-etiiif tainted, ; About:: 1;2R0 firefiggiteft we�r.e., lan. the scerpe fir a?son�,�Kea; ortal. t ' -'3 j;?4�q:'= `--3'E':kFfy F'_.- IY1res ;the ire cuees filled Hotel rooms in Cal- more water, came back, and it's rest's twisted ankle. ' . ' ' �x