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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 d 1C&L )-ccax-v Ca cj{ �.' - ^2. �Xa 2 , ,ea_e. ) CLQ? e t -P, 5M- 1 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. ?36 3 3 F-71; `3s''rr°icTCQQ$Jkr Culatada 71/ 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 1e 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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