HomeMy WebLinkAbout20070731.tiff RESOLUTION
AND
FINDINGS AND ORDER OF THE
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
WHEREAS,the Board of County Commissioners of Weld County, Colorado, pursuant to
Colorado statute and the Weld County Home Rule Charter, is vested with the authority of
administering the affairs of Weld County, Colorado, and
WHEREAS,the Board of County Commissioners of Weld County, Colorado, has been
informed, in accordance with Section 35-72-101(1), C.R.S.,that dust is blowing from the following
described parcels of land:
SE1/4 of Section 25, Township 8 North, Range 66
West of the 6th P.M., and SW1/4 of Section 30,
Township 8 North, Range 65 West of the 6th P.M.,
Weld County, Colorado
WHEREAS,said parcel is owned by the City of Thornton,9500 Civic Center Drive,Thornton,
Colorado 80229-4326, and
WHEREAS,the Board has caused an inspection of the above described parcel of land, and
WHEREAS,pursuant to the information and the inspection referred to above, a hearing
before the Board was held on the 21st day of March, 2007, and
WHEREAS, the City of Thornton was notified of said hearing by first class mail on
March 6, 2007, and
WHEREAS,the following persons were present at said hearing to represent the City of
Thornton: Brian Foss, Farm Operations Administrator, and Mark Koleber, Water Resources
Manager, and
WHEREAS, pursuant to Section 35-72-101(1), C.R.S., the Board made the following
Findings of Fact:
1. That soil is blowing from the land in sufficient quantity to be injurious to private
property including, but not limited to, crops, grasslands, fences, fence rows,
irrigation canals, ditches, or livestock on adjacent or other land, or to roads, borrow
ditches, fences, or other public property.
2. That an emergency exists.
3. That the operation appears to have been in existence for more than one year and the
operation is negligent.
2007-0731
EX0011
��' �X v/o‘_ , O4, SGC), wmG_- Ou •- //-D 7
DUST BLOWING - SE1/4, S25, T8N, R66W, AND SW1/4, S30, T8N, R65W
PAGE 2
4. That such blowing can be prevented or materially lessened by treatment of the soil.
5. That property damage appears to be resulting from soil blowing, and
WHEREAS, the City of Thornton is in the process completing the remedial measures
referenced in the letter from Stu McFarland, Soil Conservationist, NRCS- Greeley Field Office,
dated March 15, 2007.
IT IS HEREBY ORDERED by the Board of County Commissioners of Weld County,
Colorado, pursuant to Section 35-72-103(1),C.R.S.,thata request be made to the City of Thornton
that it provide the Board with a biannual update of the status of the remedial measures being taken
upon said parcels to cease or materially lessen dust blowing therefrom,with a copy of said update
being delivered to Mr. McFarland.
The above and foregoing Resolution was,on motion duly made and seconded,adopted by
the following vote on the 21st day of March, A.D., 2007.
BOARD OF COUNTY COMMISSIONERS
WELD C TY, COLORADO
ATTEST: Lie/
.
-�� cn. David E. Long, Chair
Weld County Clerk to t ip
Willis , Pro-Tem
BY:
Deputy Cler< to the B } 4.
William F. Garcia
APP A • EXCUSED
Robert D. Masden
ounty Attorney
Douglas ademacher
Date of signature: y "0 _0 7
2007-0731
EX0011
a WELD COUNTY ATTORNEY'S OFFICE
f 915 TENTH STREET
P.O. BOX 758
GREELEY, CO 80632
Willie
WEBSITE: w1�u.co.��eld.co.us
PHONE: (970) 336-7235
FAX: (970) 352-0242
COLORADO
CERTIFIED MAIL
March 6,2007
City of Thornton City of Thornton
Brian L. Foss Mark Koleber
Farm Operations Administrator Water Resources Manager
111 S. 2nd Avenue 12450 Washington Street
P.O. Box 128 Thornton,Colorado 80241-2405
Ault,Colorado 80619
RE: Dust Blowing Complaint for Property Located at:
SE'A of Section 25,Township 8,Range 66 West of the 6th P.M.,Weld County, Colorado
SW'/ of Section 30,Township 8,Range 65 West of the 6th P.M.,Weld County, Colorado •
Dear Mr.Foss and Mr.Koleger:
As you are aware, the Board of County Commissioner Weld County, Colorado has been informed that dust
is blowing from two parcels of land owned by you, as hereinabove described.According to the information
received,the soil is moving from the parcels to neighboring properties owned by the individuals whose
names appear on the List of Affected Property Owners, attached to this letter.Pursuant to Section 35-72-
102(1),C.R.S.,it is the duty of the owner or occupier of any land in the state of Colorado to prevent the
blowing of soil from such land to the property of others.
The Board will hear the issue of the blowing of soil from your property at its regularly scheduled meeting
on Wednesday,March 21,2007,at the hour of 9:00 a.m.The meeting will take place in the First Floor
Meeting Room,Weld County Centennial Center Complex,915 Tenth Street,Greeley,Colorado.You may
be present at the meeting in order to give testimony relative to the steps you are taking to correct this
situation.
I understand that you either have met or will be meeting with Stuart McFarland,West Greeley Soil
Conservation District,to formulate an action plan to stop the soil from blowing. We have asked Mr.
McFarland to attend the Board meeting on March 2l''. We could like to hear from him and you about the
remedial measures you have implemented or will be implementing on those properties.
If you have questions or comments regarding the foregoing,please contact this office at(970)356-4000,
Extension 4394.
Yours truly,
o A-,\ '( 'i [ 41 (c: /1 / i : 7.'
Step anie L.tkrries
Assistant Weld County Attorney
2007-0731
CITY OF THORNTON DUST BLOWING COMPLAINANTS
LIST OF COMPLAINANTS
CHARLES TUCKER
43550 WCR 39
PIERCE, COLORADO 80650
GENE KAMMERZELL
22465 STATE HIGHWAY 60
MILLIKEN, COLORDO 80543
CRAIG AND LIZA LIFTEE
18471 WCR 88
PIERCE, COLORADO 80650
BOB DILL
P. O. BOX 491
PIERCE, COLORADO 80650
JIM COZAD
P. O. BOX 243
AULT, COLORADO 80610
MIKE FREEMAN
13377 WCR 84
AULT, COLORADO 80610
MICK MIZNER
C/O MEYER LOTS
28930 WCR 62
GILL, COLORADO 80624
DAVE AMOS
43058 WCR 41
PIERCE, COLORADO 80560
Date: March 6, 2007
Weld County Commissioners Office
915 10th St.
Greeley, Co. 80631
Dear Commissioners,
I'm writing in regards to an issue pertaining to excessive dirt/soil blowing
across County Rd. 88 and 37. I reside on the S/W corner of the intersection
and the weed infested dirt has covered/piled up several locations on my
property. This includes planted grass seed as well as native grass. The
problem area is the N/W property of the intersection owned by the City of
Thornton. I would sincerely appreciate them addressing and correcting the
problem, not only on their property but mine also. I have enclosed photos as
a visual effect of my concern.
If you have any further questions, I can be reached at 834-2840 (daytime) or
834-2564 (evening).
Sincerely,
Lana Cozad
42971 County Road 37
P O Box 124
Ault, Co. 80610-0124
United states Department of AOrleuRune
o NRCS
Natural Resources Conservation Service 970356.8097'3-Office
Greeley Field Office 970361-0392-Fez
4302 W e Street Road www.co.nres.usda.gov
Greeley,Colorado 80634 etu.mcfarland@co.usda.gov
7 March 2007
Weld County Board of County Commissioners
915 10th St.
P.O. Box 758
Greeley, CO 80632
RE:Soil blowing complaints regarding City of Thorton farms#118-25(SE1/4 25-8-66)
and#19(SW1/4 304-65)
To Whom It May Concern:
During my March 6,2007 meeting with Brian Foss, City of Thorton Farm Operations Administrator,
I observed that the City was actively applying manure to both farms as an expeditious, short-term
measure to mitigate wind erosion problems. However, we further discussed chiseling/ripping the
fields within the week to increase surface roughness, and reduce the likelihood of future problems
for the remainder of this critical wind erosion season.
Proper implementation of surface roughening for this purpose,as described by the NRCS, is as
follows:
• The soil surface will be an irregular or uneven surface of compact, coherent masses of soil,
ranging in size from .25-10" in diameter
• At least 50% of the field surface will be covered by clods
• This condition will be maintained until at least April 1
The City will also forgo disking of the soil surface to prevent additional pulverization of soil
structure, except for that needed to prepare the fields for grass seeding.
Assuming prompt fulfillment of NRCS surface roughening provisions, it is this office's opinion that
the City of Thorton has made a good faith effort to implement NRCS recommendations to address
the wind erosion issues. Feel free to contact me with any further questions or concerns regarding
this matter.
Thank you,
Stu McFarland
Soil Conservationist
NRCS - Greeley Field Office
The Natural ResourcesNConservation Service provides leadership in a partnership effort to help people
conserve,maintain,and Improve our natural resources and environment.
/(r2
sid,‘*° City of Thornton
it
Farm Property Management Information
Prepared for the
Weld County Board of County Commissioners
March 21 , 2007
Table of Contents
Introduction 4
Recent History of Farms 118-25 and 19 5
Thornton's revegetation program 7
Thornton's decreed revegetation requirements 17
Thornton's Farm Operations 20
Thornton's work with local communities 22
Letter from Weld County to Brian Foss 14
Letter from NRCS to Brian Foss 15
Map —Thornton Farms 118-25 and 19 16
Map —Thornton Northern Project Revegetation 17
Page 2 of 17
C\Docunents and Salt gMWbx*menLLafel sMtlrgofTemporary Internet Fde\OLK3201WSd County Heannp(Final)doc
Introduction
The City of Thornton (City) has been informed of complaints received by the
Weld County Board of County Commissioners (County) regarding soil blowing
from two parcels of land owned by the City, and has received a letter from the
Weld County Attorney's Office regarding this hearing on the matter. This packet
is provided for information on the parcels that are the subject of the blowing soil
complaints, as well as an overview of Thomton's farm operations and practices
generally. The locations of the parcels that are the subject of the soil blowing
complaints are described as:
SE1/4 Section 25, Township 8 North, Range 66 West, 6th P.M., and
SW1/4 Section 30, Township 8 North, Range 65 West, 6th P.M.
These parcels are also known as Thornton Farm Nos. 118-25 and 19,
respectively, and are located north of WCR 88, each side of WCR 37. The
parcels are approximately 160 acres each (Attachment 1).
Since Thornton's acquisitions of Weld County farms and water in 1986, the City
has operated under a "good neighbor" policy of working with farmers, residents,
and governmental entities to provide benefits to the local communities. Thornton
actively monitors its property and tenants to minimize impacts from Thornton's
operations, and to take appropriate remedial actions to address problems when
they do arise.
Recent History of Farms 118-25 and 19
Thornton Farms 118-25 and 19 were planted to an alfalfa/grass mix in 2000 and
irrigated with center-pivot sprinklers. In 2005, Thornton determined to
discontinue irrigation of these parcels because the remainder of the farms on the
Good Lateral system had ceased irrigation and so delivery of water to Farms
118-25 and 19 had become ineffective. Thornton worked with the existing tenant
to allow limited grazing of these parcels, and reduced the lease rate
commensurate with the reduced grazing potential of the dry pasture. The
reduced rate was based on Thornton's desire to limit grazing, and the tenant's
representations that he only needed areas to graze his horses for a short time.
During the 2006 summer months, Thornton required the tenant to reduce the
number of horses allowed to graze on Farm 19 to control the potential for over-
grazing. In September 2006, the tenant had not sold the horses as promised,
and it became apparent that the land was becoming subject to wind erosion due
to over-grazing. On September 21, 2006, the tenant was notified to move his
horses off Farm 19 and take actions to prevent the soil from blowing. The
tenant's horses were moved to Farm 118-25 and on September 28, 2006,
Thornton, at the tenant's expense, initiated ripping on Farm 19. On October 24,
the tenant was directed to remove all the horses from the pasture on Farm 118-
25. At that time, the pasture on Farm 118-25 still had grass growing, but there
was not sufficient fall moisture to allow the grass to grow back and hold the soil.
The winter moisture held the soil in place for a while, but as the ground dried out,
Page 3 W1]
C\WwneM and Settrgsdbeckmen\Loul Settings Temporary Internet Filee OLK32D\Wed County Heenng(Final))doc
the conditions for erosion resurfaced. As soon as it was apparent that soil was
blowing this spring, Thornton investigated ripping. However, since frost
conditions in the soil didn't allow ripping, Thornton arranged to have manure from
an area dairy spread on the farms. Those operations were underway prior to the
dust blowing complaints filed with the County. Upon receiving notice of the
complaints, Thornton contracted for additional trucks to spread manure to ensure
the farms were covered as quickly as possible.
On March 5, 2006, Thornton representatives attended a Commissioner's Work
Session to present the actions that Thornton was taking to respond to the
blowing soil complaints. On March 6, 2007, Thornton staff met with Stu
McFarland of the West Greeley Soil Conservation District to review the remedial
measures that Thornton had taken, and would take, to address the blowing soil
conditions. Mr. McFarland documented his recommendations and opinion in a
March 8, 2007 letter to Thornton's Farm Management Office (See Page 15).
Thornton has completed the remedial measures recommended by Mr.
McFarland. Thornton further intends to take the appropriate measures to
establish a cover of dryland grasses to prevent conditions which could lead to
soil blowing from these farms.
Since the March 5, 2006 Work Session, Thornton has contacted Craig and Liza
Liftee, 18471 WCR 88, and Lana Cozad, 42971 WCR 37, to discuss remediation
measures on their property. Thornton will continue to make contact with those
property owners that were impacted by soil blowing from Thornton's farms.
Thornton's revegetation program
Thornton, working with revegetation experts from the Natural Resources
Conservation Service (NRCS), has implemented plans to establish a suitable
cover of self-sustaining dryland cover on farms that it has taken out of production
in advance of using the water from the farm for municipal purposes. In general,
the program is as follows:
Year 1 — The final crop is planted in the spring and irrigated through the growing
season. The crop is harvested in the fall such that the crop residue is left in the
field to hold the soil. No additional soil preparation, such as ripping or disking is
done at this time.
Year 2 — Depending on the type of crop residue left from the previous year's
crop, the field will be prepared for fall grass planting under one of the following
programs, which are designed to ensure that sufficient residue/cover remains to
hold the soil, but that the grass seed has adequate contact with the soil for
germination:
1) For crops with lesser amounts of residue, such as pinto beans,
pumpkins, sunflowers, sugar beets and silage corn - Minimally till to a
depth of seven to ten inches in the spring to loosen the ground, control
weeds, and leave crop residue near the surface to hold the soil. As the
growing season progresses, weeds are controlled with herbicide prior to
Page adn
C\\Documents and Sellings'aeckmanlocal SS irgs\Temporery Internet FileMOL1(32D\Weld County Hearing(Fin*doc
seeding, but are allowed to grow to six to ten inches to help hold the soil.
After November 1, native grass seed is planted directly in the crop/weed
residue.
2) For crops with more substantial residue, such as shell corn or well-
established alfalfa - Turn under crop residue in the spring with
conventional farming practices, including plowing, soil mulching, soil
leveling, and seed bed preparation. A cover crop of millet, sorghum, oats
or sudan grass is planted in late spring or early summer and is allowed to
grow to a height of six to ten inches, and is then sprayed to kill the growth.
Weeds are controlled with herbicide prior to seeding, but are allowed to
grow to six to ten inches to help hold the soil. After November 1, native
grass seed is planted directly into the standing cover crop.
Years 3 through 5 —Weeds are controlled by mowing until the native grasses are
mature enough to handle chemical weed control. Fields are re-seeded with
natural grasses as needed to establish sufficient natural grass cover. These
practices will continue beyond 5 years as necessary to establish natural grass
cover that meets NRCS criteria.
Pursuant to recommendations by NRCS, as well as professionals with seed
suppliers and revegetation contractors, revegetation is accomplished with only
natural precipitation, and with specific varieties and blends of native grass seed,
to provide a self-sustaining, drought-tolerant grass cover. Grasses established
with irrigation have proven to be less tolerant of dry conditions, and during the
2002/2003 period, Thornton experienced loss of grass cover that had been
established with irrigation.
Thomton's current plans are to complete revegetation, with certification, on
approximately 6,500 acres by 2015, with the remainder of the farms to stay in
agricultural production until the water is needed for municipal use in Thornton. It
is currently estimated that additional conversions from irrigated agriculture to
native grasses will not be needed until approximately 2030, when blocks of
approximately 1200 acres will be taken out of irrigated production every three or
four years. These estimated timelines are, obviously, subject to change to meet
Thornton's water supply needs.
Thornton implements the revegetation programs with contractors and vendors
that are selected through a bid process that is advertised locally. For 2007, all
contractors and vendors are from the local community in Weld County.
As shown by the following photographs, Thornton's revegetation program has
resulted in successful establishment of a self-sustaining dryland cover.
Pepe 5 of 11
C\DocumeMe and Set,gsdbec*men\Local SMM1ige\Temporary Internet Files\OLK33D\WNJ County Heeng(Final).doc
iA I
Farm#108-North of Hwy 14, East of WCR 27
"••4•.Ye.x wc<<J"`sHS `Ji1
4 Xti 'M,
Farm# 108—North of Hwy 14, East of WCR 27
Page 6 of 17
C'Documents and Seni gadbedimaMLoml Sctinge\Tem,brery Internet Flls\OLK32DWek County Hearing(Final)doc
•
Farm #37/74-WCR 78 to WCR 80, East of WCR 19
•
ff
Farm#37/74-WCR 78 to WCR 80, East of WCR 19
Pape 7 oln
C\Documents and SettigsWb Mman\Local Selbrge\Temporary Internet FNm\OLK32D\WYE County Hearing(Final)doc
Farm# 109—Between Hwy 14 and WCR 84,West of WCR 23
A
Y•
Farm #44—Larimer County
Page 8 of 11
C\Documents and 3ettingeWbadman\Local SMangaTamporaay Internet Files\OLN321)Wed County Hewing(Final))doc
Farm #6/26—larimer County
Page B of 11
CaDowmenta and SettiagaWbeckmanLLocal Se14ngMMTemporary Internet Filee\OLN32D\WNtl County Heating(FIn&)doc
Thornton's decreed revegetation requirements
Pursuant to the Commissioner's request at the March 5, 2006 Commissioner's
Work Session, the following information is provided regarding the revegetation-
related provisions in Thornton's Northern Project Decree.
Consolidated Cases No. 86CW401, 86CW402, 86CW403, 87CW332
FINDINGS OF FACT, CONCLUSIONS OF LAW, JUDGEMENT AND DECREE
ON REMAND
Paragraphs re: Revegetation
57.9 Reveaetation of Thornton Farms. Prior to Thomton's conversion to
Municipal Use of, or the removal of transmountain water pursuant to
paragraph 57.2.2 attributable to, all or a portion of the shares used on a
Thornton farm, on the portions of the farm which are in excess of the
acreage allowed to be irrigated by wells as provided in paragraph 57.7
and which are taken out of irrigated agricultural production, one of the
following must be established: 1] dryland farming practices, or; 2] native
grasses or such other self-sustaining (under the conditions prevailing
under the particular farm) suitable dryland ground cover, with weeds
adequately controlled, or; 3] suitable non-agricultural uses. Thornton's
obligations under this paragraph, as to each farm, or a portion of a farm,
will be discharged when, and provided that, at the time Thornton's
shares used on that farm are converted to Municipal Use, or the
transmountain water attributable to Thornton's shares on that farm is
removed, one of the three above described uses have been established.
57.9.1 Standards for Compliance. To the extent that the Thornton land taken
out of irrigated agricultural production on a given farm does not meet one
of the above three conditions, the amount of the Thornton shares
associated therewith which may be converted to Municipal Use, or the
amount of transmountain water removed from the farm pursuant to
paragraph 57.2.2, shall be reduced proportionately. The determination
that a self-sustaining suitable dryland ground cover has been
established must be obtained in accordance with the then existing
standards used by the USDA Soul Conservation Service in its
Conservation Reserve Program. If such program has been terminated
and no similar program exists, the standards last in effect shall be used.
If a similar program does exist, the standards used for that program shall
be used for the purposes of this paragraph. Such determination must be
made by a person with appropriate expertise in the field of agronomy,
such as, but not limited to, a qualified employee of the USDA Soil
Conservation Service, the Agricultural Stabilization and Conservation
Service, the successor of one of these agencies charged with performing
similar functions, or faculty of the Agronomy Department at Colorado
State University. After thirty days prior notice to the parties identified
with an asterisk r] in paragraph 3, the Division Engineer will review and
PNe 10 a19
C:Docunwets end SeNngs1dheckmentLocal Satirga\Temporary Internet FileetOLKs2Otwsd County Head, (Flnel).doc
approve or disapprove the qualifications of Thornton's selected expert(s)
who will make this determinations. The Court will retain jurisdiction to
review the Division Engineer's approval of experts as well as those
experts' determinations. To the extent dryland farming practices are
employed, Thornton must obtain a determination from the expert(s)
approved by the Division Engineer that the particular farm involved is
suitable for dryland farming, and must again obtain a determination after
the farm has been operated as a dryland farm for three years that it is
suitable for such use. Thornton will solicit recommendations from the
appropriate Colorado State University Cooperative Extension Agency
office regarding revegetation techniques and dryland farming practices.
Thornton will also solicit recommendations regarding revegetation
techniques and dryland farming practices from the West Greeley Soil
Conservation District in connection with the revegetation or dryland
farming of Thornton farms located within that District.
66. Retained Jurisdiction. Pursuant to C.R.S. §37-92-304(6), upon the
motion of a party to this proceeding, this decree shall be subject to
reconsideration as set forth below. Although the period of time for which
jurisdiction is retains is, in most instances, limited to a specific number of
years, upon a showing that lack of material injury has not been
conclusively established, any of these periods may be extended prior to
their termination.
66.1.3 Determinations as to Reveqetation. Until three years after all of
Thomton's WSSC and JDC shares are converted to Municipal Use by
the City of Thornton, or three years after Thornton gives notice to the
parties identified with an asterisk ri in paragraph 3, above, that no
additional shares will be converted to Municipal Use, the Court retains
jurisdiction to review determinations as to whether a self-sustaining
suitable dryland ground cover has or has not been established.
An electronic version of Thornton's Northern Project Decree has been provided
to the Weld County Attorney's Office.
Thornton's Farm Operations
In 1985 and 1986, Thornton purchased over 20,000 acres of farms in Weld and
Larimer Counties. Since that time, Thornton has cash-leased these farms to
local farmers, and many that sold farms to Thornton continue to lease farms from
the City.
Thornton currently owns 104 farms on approximately 17,900 acres in Weld
County. Approximately 5,100 acres have been taken out of irrigated agriculture
and are in the process of being revegetated to native grasses. The revegetation
process was started on the majority of these farms within the last three years,
though some were started in the late 1980's. Some farm revegetation has also
occurred through tenant participation in the Conservation Reserve Program,
though some of this will need to be re-worked to ensure a drought-resistant grass
Page 11 of 17
C\Documents and Sethngsldbeckmantocal Setbge1Temporary Internet FAw\OLK32thWSd County Healing(Final)doc
cover. As of 2006, 155 acres of revegetation have been accepted, or certified,
by the NRCS. Thornton plans to begin revegetation on an additional 1,530 acres
by 2009.
Approximately 12,800 acres of Thornton farms remain in agricultural production
in Weld County in 2007. These farms are leased to local farmers on a cash-
lease basis, and at market rates that have stayed substantially the same for the
past six years. Adequate water from ditch company shares or wells is provided
with the lease of irrigated land. Thornton generally provides three-year leases to
allow financial planning by the farmers. However, Thomton has provided leases
of up to six years to allow farmers to set up financing for improvements such as
center-pivot irrigation systems. Grazing leases are generally one-year leases.
Because of the problems experienced with Farms 118-25 and 19, Thornton is re-
evaluating the policies and procedures for grazing leases on natural grass
pastures that have been established under the City's revegetation program.
Thornton also leases farm 48 houses to residents in Weld County. These
houses are leased at market rates, under annual leases. Thornton house
tenants take pride in their homes, and generally stay in the houses for over 5
years. The City has tenants that have been leasing houses from Thornton since
1986, and tenants that have moved from one Thornton farm house to another to
meet their space needs. If tenants want to make improvements to the houses,
Thornton will work with them and provide them rent credit for work they do on the
houses.
Though the vast majority of those that lease farms and houses from Thornton are
responsible, not all tenants treat Thornton's property appropriately, such as with
the overgrazing of Farms 118-25 and 19. Thornton strives to identify these
problems before they impact our neighbors, and takes appropriate remedial
actions once the problems are identified.
Thornton's work with local communities
Thornton has worked with local governmental entities to acquire land to expand
their facilities. Thornton sold land to the Ault School District for expansion of the
school campus in Ault and construction of a new station for the Ault/Pierce Fire
District. Thornton cooperated with Larimer County and the City of Fort Collins to
allow for the construction of a regional flood detention facility on a Thornton farm.
This facility provides significant flood detention benefits to area residents.
The City has also worked with local agricultural producers to acquire land to
improve their operations. Fagerberg Produce expanded their onion processing
facility onto land acquired from Thornton, and Longs Peak Dairy recently
acquired three Thornton farms to improve their operation.
Since 1987 Thornton has made voluntary payments totaling over $2.66 million to
Weld and Larimer County governmental entities. The following Weld County
entities receive annual voluntary payments from Thornton:
Page 12 of 11
C:%DocumMs and SNtlrgaldbeckmantocel SellirgetTemporary Internet FiIMOLN33D\Wel County Heenag(Finer).doc
Weld County $29,890.94
Eaton School District $4,417.98
Windsor School District $11,196.02
Ault School District $74,627.14
Ault/Pierce Fire District $5,719.15
Eaton Fire District $56.83
Nunn Fire District $958.18
Poudre Valley Fire District $286.16
Windsor-Severance Fire District $272.20
Aims Junior College $7,736.21
Weld County Library District $1,959.23
Windsor Library District $200.41
West Greeley Soil Cons. District $557.36
North Weld County Water District was paid $5,590 per year through 1994
when their mill levy expired. They returned Thornton's 1995 voluntary
payment.
Since 2003, Thornton has leased 37,900 acre feet of water to the Central
Colorado Water Conservancy District (Groundwater Management Subdistrict and
Well Augmentation Subdistrict) for operation of an augmentation plan for
irrigation wells in Weld County. In addition, the City has provided augmentation
water to the Town of Pierce (35 acre feet) and the Town of LaSalle (128 acre
feet)for operation of their municipal augmentation plans.
In 2003, Thornton arranged a lease of water to the Platte River Power Authority
from the Water Supply and Storage Company / Pierce Lateral system. This
lease not only provided much needed water for PRPA operations, but also
helped the Pierce Lateral farmers stay in business during a severe drought.
Page 13 of 17
C:lDoaanect and 3etbrgeWMCMmen1Loctl 3Mtl,gelTemForary IMama FlleelOLK32OlWSd County HeaNq(Final)doe
(4(t WELD COUNTY ATTORNEY'S OFFICE
915 TENTH STREET
0100101112234, P.O. BOX 758
e GREELEY,CO 80632
b
WEBSITE:www.conceld.co,us
• f* tipp� PHONE:(970)336-7235
N Q��" FAX:(970)352-0242
r II •11 A F, \ '
CERTIFIED MAIL �w4Rs �'
March 6,2007
City of Thornton City of Thornton
Brian L.Foss Mark Koleber
Farm Operations Administrator Water Resources Manager
111 S.rd Avenue 12450 Washington Street
P.O.Box 128 Thornton,Colorado 80241-2405
Ault,Colorado 80619
RE: Dust Blowing Complaint for Property Located at:
SEA of Section 25,Township 8,Range 66 West of the et P.M.,Weld County,Colorado
SW Ye of Section 30,Township 8,Range 65 West of the a P.M.,Weld County,Colorado
Dear Mr.Foss and Mr.Koleger:
As you are aware,the Board of County Commissioner Weld County,Colorado has been informed that dust
is blowing from two parcels of land owned by you,as hereinabove described.According to the information
received,the soil is moving from the parcels to neighboring properties owned by the individuals whose
names appear on the List of Affected Property Owners,attached to this letter.Pursuant to Section 35-72-
102(1),C.R.B.,it is the duty of the owner or occupier of any land in the state of Colorado to prevent the
blowing of soil from such land to the property of others.
The Board will hear the issue of the blowing of soil from your property at its regularly scheduled meeting
on Wednesday,March 21,2007,at the hour of 9:00 a.m.The meeting will take place in the First Floor
Meeting Room,Weld County Centennial Center Complex,915 Tenth Street,Greeley,Colorado.You may
be present at the meeting in order to give testimony relative to the steps you are taking to correct this
situation.
I understand that you either have met or will be meeting with Stuart McFarland,West Greeley Soil
Conservation District,to formulate an action plan to stop the soil from blowing. We have asked Mr.
McFarland to attend the Board meeting on March 21". We could like to hear from him and you about the
remedial measures you have implemented or will be implementing on those properties.
If you have questions or comments regarding the foregoing,please contact this office at(970)356-4000,
Extension 4394.
Yo truly, ")
'Alfa(Les
Assistant Weld County Attorney
Pegs 10 or 17
C tDoarnente end Settl,geWbeckmattocd SMlings'Temporery Internet FilestOLH32D\Wed County Hmmg(Fintl).doc
weer at a.parr_..t of aa.w.n_.
o NRCS
Natural Resources Conservation Service 970-356-00979-Office
Greeley Field Office 970-351-0392-Fu
4302 W 9•Stet Road www.co.nrn.usda.gov
Greeley.Colorado 80634 stu mchr a d®co.usda.gov
15 March 2007
City of Thorton Farm Management Office
Attn:Brian Foss
111 S.2nd Ave.
P.O. Box 128
Auk,CO 80610
RE:Soil blowing complaints regarding City of merlon hens#118-25(SE1/4 25-8-66)
and 819(SW1/4 30-8-65)
Dear Mr. Foss:
During our meeting on March 6,2007, I observed that the City was actively applying manure to
both farms as an expeditious,short-term measure to mitigate wind erosion problems.However,we
further discussed chiseling/ripping the fields within the week to increase surface roughness,and
reduce the likelihood of future problems for the remainder of this critical wind erosion season.
Proper implementation of surface roughening for this purpose,as described by the NRCS is as
follows:
• The soil surface will be an irregular or uneven surface of compact,coherent masses of soil,
ranging in size from.25-10e in diameter
• At least 50%of the field surface will be covered by clods
• This condition will be maintained until at least April 1
The City will also forgo disking of soil surface to prevent additional pulverization of soil structure,
except for that needed to prepare the fields for grass seeding.
Assuming prompt fulfillment of our surface roughening provisions,it is this office's opinion that the
City of Thorton has made a good faith effort to implement NRCS recommendations to address the
wind erosion issues.
Thank you,
Stu McFarland
Soil Conservationist
NRCS-Greeley Field Office
The Nature!Resources Conservation Service provides leadership in a partnership effort to help people
conserve.maintain,and improve our natural resources and environment.
An Equal Opportunity Provider and Employer
Pqe 15 of 11
C Documerte and Shcingr\becrmanLLocs SdingedTemporery Internet Filee\OLK]1MWNd County Healing(Flrel)doc
i
Thornton Farms 118-25 & 19 , ,8
•
•
•
a
i P'•.n.: Aig et
e: m
is
Pf rc
1 . ','5�1
i• l\ 118-25 19
•
\ YUCR 88
Z. ,•• r,.
{
•
.. j
•
.'WC R 86
I
i
CITY of THORNTON.COLORADO ii
PROPRIETARY INFORMATION--NOT FOR RESALE
9500 CIVIC CENTER DRIVE ;: c Digital Data Produced by the City of Thornton GIS Prgect.
THORNTON.COLORADO 80229-4326 This map is representational only.and does not determine
(720)977 6500 exact locations a boundaries of any districts or properties.
0 0.25 0.5 It is not intended to be relied upon for any legal descriptions
3/14/07 t34iles or other land use documents.
Page la of 17
C\Doc msMs and SetarysWMdrnanllocd Satanga\Temporuy Internal Files1OLK32O Wdd County Hearing(Find).doc
,
I
z p
1 " 1 t I
c (j' A g
w -
' i
t i za
E l
03 m
y tl ) u .
S' ri
d Cr 1,-.3 d
-"-
o
9 n
c l-
2 =
41
liii !
w
_ _ P ° c
Z
1;~
o
L.1
E
C.:5
J I _ I
I— o a
a
elli
CU
lea R
1I
a) +r
N
N ! � El
ce
}a a 1 3 M
• j 5
L
U n>
r ..te, _ss--5:„(n
s
o
Z
G
y
km
Page 17 of 1]
C\Documents and Seer gsWCecknrat\Local Sett ings\Tempo rary Internet FilasIOLK32D\Weld County Hearing(Fin al).doc
II i„,„,,,tst
1
'ti,
,.ii . " 1r r . r ikei
1 ktr r)1 r W �
+ ` `—A. .4 ,' ' if,
y i f{� «fit "Zoe " ).1 n
` w r . la' k +troan
t if ! r yr-
, M r ' I .' r t Ipir w
fat
` i -1 tJl.�,.J'A.I 8 r I 4.. "' S 't J �
r + t- v1) t r r irs ,}mss t
P
"t 4 y '+L , rt•"ti• t s ►. r
T � u fiT'. alta •t . V 'a M Y . t {� Mty}+ *tie*
' 7�
s. + i ?'
k
,s say
i.,“ * ( , r
'1l7 rr �
� y ya t+ i 1't \nl ...I'�
sitio
[
*el
�, Stir ry
*.E.1.0.1/4.01;
�
�iC! �, 41 r 1 � C :17 ..4. .4 � Ytali�'. ` � 1#', .. .
it
a ser t, '31,, j . * tike +. 1 #,ti . a
I la
44
1 L
� M ,}
4.4 �r + It '.fi ....7.
, -i .f Apr i it i.oi, r f,+r , ,$t
T s ; lit
5f r I $ ,J1y M, to
R:ils
`
�3 yak\ 'r5 * .
# ! y A r y
t C M h r �A�
: Sy►*.t A �tjM` i�(}r,s �a �4 V ,r '•1,� of y t'
v4 I
41/2
4 ii
r k.i J'a 1 'h . 1', ty
IF 1 44404,#N ra„ A �` t. ! rrt" 1jL `�`M'` .� i� yam �y N �t
t t., .` ..�I k * !. .N, [ �.4.1 3 r .•,..4tailr 4 C6A'T*>r` i x�i %
11 •, # k s
<°` At F
x t ;h` trip:t, c 1 4 I . �a271
K ,�i
P'
a44 4 i t r v14 a }4 ..
r :j4 '* . t - C
cc
z � a +m v �
a ' � a s C ,k 1° ` f � 't- F^t
LO
'.4%, " i + , S t , ,,, a t a3.
i � .t r 'r . a ' 1 "„ a • 'r 4.�'� I■
3 ,a R t ,„,f„,! •
4 ., i A
p , 'i t .� i� '� J i C I .xR s 41- .1rjai '"f ! ' ,e-Lt ,
{
.�; 5 a* 'fi 61$ k t''!' �' '' t { f y, ,
Yt.
t L « `F � y:4 '',? ct „ 7 a < ;4'''i't • cr.,`•44 1,41-* :Aar , Ir; -*ir
#4,., it ei
if 1
.iell'4" "�fpt ,. { t4 yf l r tP 43.1,3; 4 nr k w
Z�+ d `I
4
t tt r 3t x d. e* 4a a�Vv �ro<E2,, „... F . Ie.. .-T kV* , ,t,, 4‘ . 4-1 -A, ,,E 1
lik$07 4
et a
r ry
3/4
�
Yn t 'f 1
4 t 11 ,� o
6 ty,ti i ft •=•i i y 1 , 'i H 'i ' ') f F �.., ti t
"g _ x - kw
•
TS ft.a .ray £ atif � ; e � PttdsM4J� , #, f 1
��Sv . F
r E
f� .C ��� ��gLe F ,s
'F5 % Y ky�'.6.1.;-97:', go rya�x'n It.114r , .44 ! Y's 3 ,,
f t •. ,t 0t:.4 . x Pie , ra xtt+' t "�`' '• ,./4,.4,
`�,yy dry
.. ,
t t # ' �,,_;,, , ' . !, Y t .
'� F � 1
y* ,� V t�j K rs,x+' 3' ' fc,:••,,,,,Aft,'.-"'
. lA:_4� .'i, y�
P r r. " .' • • 4g""-IF + I r 1 it j� 5
¢At % ,?J ; M , i 1 #s 4-,. °"4} x t�,i,...1„47`,
rs •' • .i s " r sF
.1,..4:.1.r.',...'
7z 1 ""4",.i.-:: i ,.� i F ,x3
y, fr -O„,,,,,t'' r•
s '1 s 4t4t 56 x `. r '''''r:ILL,,,, ,,
� ; '•'• ' ' t o a f` k ' e 1:,! -.P'”'
i b , 01 } q ^ ':
tt
(P$$} t \ S• .L.4; 4 3 ▪ b ji 4 „ 4F•4 �
d • L T �, �, r' g
tit
1' ' «1 4-,4 ,.'- i 4 t•. ' ,y •Y
y Sf f lei, N #.. t fib. n .Fs�r` '4.'� . N �:
.P r 3 t ^ '''kg. dr .4r , t
a rl', S ,. - -44'
e x t4,[ 1� Lwy al,' 4i•
3 t
Y � t ,1 kM1 '� k 7` d rfn � . 7 � � r._1 �Li J°q.� � � vi, �
.# \t:R '13;;;#1441:,
t eta'r s ` , ' + • -'
+ PF t !J.
$ 4
.XI(
' m < "tai 5.( � _ "rf i�• ��{ ds ..`
3 £ t r •11J a i ''ys 4y)'�' x4 ".4f,i�ii 4� T..
A
+x x �14..,. . ,,,, y ., 4 i • J , •-Y.44,iii '4� j
' t Ys' Y; gt 1 _ r . �y�. xl 'v
��} #
v • 6 Yr' £ !v
.r�q'+'��ye.a e� g� � • "f -�1 ' �" P e x
., .1,..--
r.,.r'ay .rY41 .' ' ,5
la(fi ew a -f '�,`. ,, J 9 +r mss.
�, r ▪ is 1.. . . . 5 A ..�fil.' '• v a v r• "d
.. :.,:t442% .
x° . �i p . F ! :.
��gg�� 3 k
i 'r` r o. J s 4 a.: t '' t o
�( Jn
rZ ,s 4.'-'�' '` • 0e,$ 1:*"-
3 ' . - it
,� M "`" ;"'666GG000 tg {Ft' 1• f 1$ B
L . �M p �"n� ��r 4''',:,
� LA y � � �`9
2 b..1i ,,� eY. r . �.F
e ,y ,. . " iti
',/,,,,,,!,
t...-1,1.,, 4.'"
' }F = P` a I! 1t . }� p . �+, y-...,..,,,,1„-}
d y£ s i aY s
q 7
, �F s y e„Yi s Ph--"h � r /a�;a '
a a
Hello