HomeMy WebLinkAbout2.0 CorrespondenceGARFIELD COUNTY
PLANNING DEPARTMENT
GLENWOOD SPRINGS, COLORADO 51601
2014 BLAKE AVENUE PHONE 945-8212
June 15, 1981
Alvin Farmer
Box 182
Nucla, CO 81424
Dear Mr. Farmer:
As additional information for your gravel pit
special use permit in Garfield County, we require in-
formation on how you propose to provide the pit and
batch plant operations and employees with water and
sewage disposal facilities.
Please direct your response to my attention as
soon as possible.
Sincerely,
PLANNING DEPARTMENT
Terry L. Bowman
Assistant Planner
TLB/ld
STATE OF COLORADO
Richard D. Lamm, Governor
DEPARTMENT OF NATURAL RESOURCES
DIVISION OF WILDLIFE
Jack R. Grieb, Director
6060 Broadway
Denver, Colorado 80216 (825-1192)
711 Independent Avenue
Grand Junction, CO 81501
June 22, 1981
Terry L. Bowman
Assistant Planner
Garfield County Planning Department
2014 Blake Avenue
Glenwood Springs, Colorado 81601
RE: Farmer Special Use Permit
Dear Terry:
I have reviewed the Farmer Special Use Permit application as well as their
Mined Land Reclamation application and would refer you to the Reclamation/Mitigation
section of the enclosed wildlife statement prepared by the Division of Wildlife. We
are interested in minimizing the impacts to the riparian area of the river thus
preserving valuable wildlife habitat. Preserving cottonwood trees is essential since
regeneration of these trees has been all but eliminated due to the controlled flows
on the river, and since they serve as habitat for numerous wildlife species including
the endangered bald eagle. I would urge that the ••.
far from the river as possible to permit continued use of the riparian area by ha1.1
-Lra-cifi ife. I believe the other recommendations are self explanatory.
ft you have any questions, give me a call.
MRG : j g
xc:
II 1 . 1
Thank you for the opportunity to comment on this project.
Sincerely, n
Michael R. Grode
Wildlife Biologist
COLORADO DIVISION OF WILDLIFE
J.Leslie
P.Will
File (2) -Special Use Permit -Garfield -Farmer
• . ■
0 Pi P7779 ,
JUN 4 1981
GARFIELD CO. PL;':r'.'F,
DEPARTMENT OF NATURAL RESOURCES, Monte Pascoe, Executive Director • WILDLIFE COMMISSION,Wilbur Redden, Chairman
Donald Fernandez, Vice Chairman • James Smith, Secretary • Jean K. Tool, Member • Vernon C. Williams, Member
Michael Higbee, Member • Sam Caudill, Member • Richard Divelbiss, Member
WILDLIFE STATEMENT
EKHIarr T
The following information is provided for use by the mined Land
Reclamation Board in consideration of a mining permit for:
R. L. Farmer and Sons. P. 0. Box 182 Nucla, CO 81424
The Colorado Division of Wildlife does hereby find that the
impact of this operation on wildlife will be:
Minor X Moderate Major
Mine Name: ORTIZ PIT
Mine Location: T6S, R95W, Section 35, SE',
Wildlife Species List: (May be attached)
Mule deer Gray fox Badger Beaver Great blue heron Bald eagle
Coyote Raccoon Striped skunk Muskrat Great horned owl Numerous waterfow
Endangered Species Impacted:
Bald Eagle
Vegetation Communities: (May be attached)
This area is composed of a cottonwood overstory with an understory of willows, salt
cedar, native grasses and forbs.
Assessment of Impact: (May be attached)
This pit is located within a bald eagle wintering corridor, however, if the
recommendations listed below are followed, no adverse impact to the eagles is
anticipated.
Reclamation/Mitigation Recommendations: (May be attached)
1) A berm of 100 feet in width should be left between the pit and river to prevent
breaching by the river. The pit is located on the outside curve of the river.
2) No cottonwood trees should be removed unless in the pit proper. Trees removed should
be replaced on a 1:1 basis,.
3) The bottom and shoreline of the pit should be irregular to enhance aquatic life forms.
Peninsulas are desirable.
4) An area 150-200 feet in length and located in the southeast corner should be sloped
at 5:1 to encourage aquatic plants and to provide a mud flat for waterfowl.
5) Locate the batch plant as far from the river as possible.
6) Revegetate with cottonwood trees, native shrubs and grasses.
Prepared by: PERRY WILL Title DISTRICT WILDLIFE MANAGER
Prepared by: MICHAEL R. GRODE Title WILDLIFE BIOLOGIST
Date: JUNE 3, 1981
Copies furnished to: J.Leslie
P,Wi l l
/File(2)-Ortiz Pit -Garfield
GARFIELD COUNTY
PLANNING DEPARTMENT
GLENWOOD SPRINGS, COLORADO 81601
2014 BLAKE AVENUE
August 20, 1981 -
Jerry Bauer
Construction Surveys
1854 293 Road
Rifle, CO 81650
Re: Ortiz Survey
Dear Mr. Bauer:
PHONE 945-8212
As per my phone conversation with Mr. Floyd on August
20, 1981, I am enclosing two parcel descriptions that are now
in dispute in court. It is the feeling of Ray Baldwin of our
office, that the Ortiz property as surveyed by you is not in-
cluded in any way within the legal descriptions of these dis-
puted parcels. We would appreciate your confirmation of this
finding.
Thank you for your efforts. If you have any questions
please contact me at this office.
Sincerely,
PLANNING DEPARTMENT
Terry L. Bowman
Assistant Planner
TLB:ld
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IN THE DISTRICT COURT
IN AND FOR THE COUNTY OF GARFIELD
STATE OF COLORADO
Civil Action No.
FLORA DERE,
Plaintiff,
v.
ARDEN J. HOAGLUND, RUBY
M. HOAGLUND, EDWARD J.
HOAGLUND, ADA L. HOAGLUND,
JOHN A. ORTIZ, LUCY M. ORTIZ,
ROY WAHLBERG, EARL WAHLBERG,
AND ALL UNKNOWN PERSONS WHO
CLAIM ANY INTEREST IN THE SUB-
JECT MATTER OF THIS ACTION,
Defendants.
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Culatada
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Ra ie /Or
COMPLAINT
The plaintiff, by and through her attorneys, Robinson - Robinson,
P. C., and Carol Van Pelt, alleges that:
1. The plaintiff is the owner and in possession of the real property
described on Exhibit A attached hereto.
2. The unknown defendants, as well as the named defendants, may
claim some right, title or interest adverse to plaintiff by virtue of
rights-of-way, easements, mineral, mining, oil and quarrying rights,
and meander rights. Said defendants may also claim some right, title
and interest in and to the aforesaid real property by reason of vague
and uncertain descriptions of other properties adjoining those of
plaintiff.
3. The claims of the said defendants, including the unknown defend-
ants, and each of them, are without foundation or right; the plaintiff
and her predecessors in title have used and been in possession of the
properties described in said instruments for more than eighteen years
last past, adversely to any such claims or rights of all persons, and
has paid taxes on the properties described in seven years last past,
adversely to any such claims or rights of all persons, and have paid
taxes on the properties described in Exhibit A, without any exceptions
and exemptions for more than seven years last past upon any interests
which might be claimed by known or unknown defendants, and said
plaintiff and her predecessors in title have used the properties
described in Exhibit A solely, exclusively, generally and adversely
to any rights, claims, interests or demands of any of the defendants
herein whether named or unknown for more than eighteen years.
4. There may be persons interested in the subject matter of this
action whose names cannot be inserted herein because such names are
unknown to plaintiff, although diligent efforts have been made to ascertain
the names of such persons; such persons have been made defendants
and designated as all unknown persons who claim any interest in the
subject matter of this action; so far as plaintiff's knowledge extends,
the interest of the unknown parties is derived through some one or
more of the named defendants.
5. The defendants may claim some right, title or interest in and
to the above-described real estate, or a part thereof, adverse to the
plaintiffs, but the claims of said defendants and each of them, including
the unknown defendants, are without foundation or right.
WH'REFORE, plaintiff prays for a complete adjudication of the
rights of all parties to this action with respect to the real properties
herein described; for a. order requiring the defendants to set forth the
nature of their claims; for a decree determining that defendants and
each of them have no right, title or interest of any kind in the real
property described on attached Exhibit A, and forever barring and
enjoining the defendants and each of them, including the unknown
defendants, from asserting any right, title, interest or claim in or
to said property, quieting the title of the plaintiff to said property and
adjudicating the plaintiff to be the owner and in possession of the real
property described in Exhibit A, and for such other and further relief
as is equitable and just.
plaintiff's address:
Rifle, Colorado.
ROBINSON - ROBINSON, P. C. and
CAROL VAN PELT, ATTORNEY AT LAW
By\D-
Wm. Hed_'t Robinson, Jr.
Registration No. 1963
Attorney for Plaintiff
6610 West Fourteenth Avenue
Lakewood, Colorado 80214
Telephone: 238-7821
DISTRICT COURT
OF C v_> SP,>,COUNTY.
GLEorizai
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PARCEL 1
A parcel of land being parts of NW 1 /4SW 1 /4, Lot 8, Lot 4, NW 1 /4,
and Lot 3, Sec. 35, T6S, R95W 6th P.M. according to U. S. General
Land Office Plat approved March 12, 1890, described as follows:
Beginning at a point on the southerly right of way line of the D & RGW
RR, and on the west line of Lot 8, Sec. 35, being 1503.54 ft. S 01°
02'20" E. from the W1/4 corner (14'k3" sandstone rock marked 1/4 on west
face) Sec. 35 T6S, R95W, 6th P.M.; thence on a curve to the left with
a radius of 5779.65 ft. a distance of 602.83 ft. (chord bears N 57°44'
17" E. 602.57 ft.) along the southerly right of way line of the RR;
thence N 54°45' E. 2647.81 ft. along the southerly right of way line
of the RR to a fence corner; thence S 00° 08' 58" E. 304.15 ft. along
the fence to a fence corner; thence S 59° 39' W. 23.75 ft. to the East
line of Lot 4; thence S 00° 31' E. 1826.48 ft. along the East line of
Lot 4 to the approximate centerline of the Colorado River; thence along
the approximate centerline of the Colorado River the following courses
and distances: N 81° 17' W. 760.64 ft., S 84° 45' W. 580 ft.,
S 45° 05' W. 1415 ft., West 315 ft.; thence leaving the approximate
centerline of the Colorado River, N 01° 02' 20" W. 1230 ft. to the
point of beginning.
PARCEL 2
A parcel of land being part of Lot 3 and "Low Island" Sec. 35 T 6 S,
R 95 W, 6th P.M., according to U. S. General. Land Office Plat
approved March 12, 1890, described as follows:
Beginning at a fence corner being 2700.42 ft. N 89° 05' 50" E. from
the W1/4 corner (14" x 3" sandstone rock marked 1/4 on west face)
Sec. 35, T 6 S, R 95 W, 6th P.M., thence N 59° 39' 06" E. 47.19
ft. to a fence corner; thence 5 84° 33' 46" E. 187.44 ft. along a fence;
thence N 71° 15' 24" E. 341.52 ft. along a fence; thence N 77° 25' 26",
E. 95.39 ft. along a fence; thence N 71° 39' 40" E. 151.08 ft. along a
fence; thence N 57° 11' 40" E. 229.47 ft. along a fence to a fence line
intersection; thence N 44° 04' 35". E. 525.96 ft. to a fence line inter-
section; thence N 32° 51' 35" E. 533.63 ft. along a fence to the. West
bank of the Colorado River; thence Southwesterly along the bank of
the Colorado River approximately 4030 ft. to a southerly extension of
the East line of Lot 4, Sec. 35; thence N 00° 31' W. 1606 ft. - more or
less along the East line of Lot 4 to a point being 23.75 ft. S 59° 39' W.'
from the point of beginning;. thence N 59° 39' E. 23.75 ft. to the point
of beginning.
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