HomeMy WebLinkAbout20073644 RECORD OF PROCEEDINGS
MINUTES
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
DECEMBER 3, 2007
The Board of County Commissioners of Weld County, Colorado, met in regular session in full conformity
with the laws of the State of Colorado at the regular place of meeting in the Weld County Centennial
Center, Greeley, Colorado, December 3, 2007, at the hour of 9:00 a.m.
ROLL CALL: The meeting was called to order by the Chair and on roll call the following members were
present, constituting a quorum of the members thereof:
Commissioner David E. Long, Chair- EXCUSED
Commissioner William H. Jerke, Pro-Tem
Commissioner William F. Garcia - EXCUSED
Commissioner Robert D. Masden
Commissioner Douglas Rademacher
Also present:
County Attorney, Bruce T. Barker
Acting Clerk to the Board, Elizabeth Strong
Director of Finance and Administration, Donald D. Warden
MINUTES: Commissioner Masden moved to approve the minutes of the Board of County Commissioners
meeting of November 26, 2007, as printed. Commissioner Rademacher seconded the motion, and it
carried unanimously.
AMENDMENTS TO AGENDA: There were no amendments to the agenda.
PUBLIC INPUT: Stephanie Arries,Assistant County Attorney, stated the Board requested follow up from
the City of Thornton regarding a particular dust complaint. Brian Foss, City of Thornton, stated on
March 21,2007,the Board addressed the dust complaint and determined certain steps to be taken for dust
mitigation were relayed. Mr. Foss stated staff has spread manure on the two parcels and planted an oat
cover crop, as recommended. He stated the two parcels were sprayed in July, 2007, and native grass
mixtures were planted November 1, 2007. He further stated all of these steps were conducted in
accordance with the Natural Resource Conversation Service(NRCS)recommendations. Mr. Foss stated
staff has also worked with the neighbors to resolve their complaints, including cleaning ditches, removing
soil from the fence line, and spraying weeds. He further stated the City spent approximately$61,000.00
on the two parcels,which is$190.00 dollars per acre of land, to correct the dust problem, including planting
native grass mixes on 1,288 acres, mowing 500 acres,and chemically treating 950 acres of land. Mr. Foss
stated the City spent an additional $21,000.00 on remedying the dust problem on surrounding property.
He stated staff toured parcels throughout northern Weld County with an NRCS representative who made
recommendations for dust control on additional land owned by the City of Thornton. In response to
Commissioner Rademacher, Mr. Foss stated there are no longer horses grazing on the parcels and will
not be until the pasture is reestablished, and restrictions are being developed to ensure overgrazing does
not occur again. In response to Chair Pro-Tem Jerke, Mr. Foss stated the dormant seeding is done in the
2007-3644
B 001
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fall to take advantage of the spring moisture. Chair Pro-Tern Jerke stated this sounds like a good program
and the City's efforts are appreciated.
CONSENT AGENDA: Commissioner Rademacher moved to approve the consent agenda as printed.
Commissioner Masden seconded the motion, and it carried unanimously.
COMMISSIONER COORDINATOR REPORTS: There were no Commissioner Coordinator Reports.
WARRANTS: Donald Warden, Director of Finance and Administration, presented the following warrants
for approval by the Board:
All Funds $2,304,504.75
Electronic Transfers -All Funds $4,922,684.29
Commissioner Rademacher moved to approve the warrants as presented by Mr. Warden. Commissioner
Masden seconded the motion, which carried unanimously.
OLD BUSINESS:
CONSIDER LABORATORY SERVICES AGREEMENT AND AUTHORIZE CHAIR TO SIGN-NORTHERN
COLORADO CYTOLOGY SERVICES (CON'T FROM 11/21/07): Dr. Mark Wallace, M.D., Director of
Department of Public Health and Environment, stated this is an agreement for lab services for the
Department to perform Chlamydia and Neisseria Gonorrhea tests for Northern Colorado Cytology Services,
on an as needed basis. Dr. Wallace stated the Department has the technological ability and the personnel
available to perform these tests, and the costs will be adjusted annually. In response to Commissioner
Rademacher, Dr. Wallace stated approximately 1,200 of these tests were completed last year. In
response to Chair Pro-Tem Jerke, Dr. Wallace stated the Department does not need to be concerned with
patient co-payments, since Colorado Cytology Services will perform the billing. Commissioner Masden
moved to approve said agreement and authorize the Chair to sign. Seconded by Commissioner
Rademacher, the motion carried unanimously.
NEW BUSINESS:
CONSIDER CONTRACT FOR AT-RISK TEENAGER PREGNANCY PREVENTION PROGRAM AND
AUTHORIZE CHAIR TO SIGN: Dr. Wallace stated this is a contract to provide federal funding for
teenagers at risk for becoming pregnant, for a term of December 1, 2007, through June 30, 2008, and the
amount of funding provided is not to exceed $17,333.60. He stated the Department has been involved in
the Abstinence and Relationship Education Program for a number of years, and weekly contact between
Department staff and high risk student populations will continue, in conjunction with parent education
classes. Dr. Wallace explained for the parent education classes the Department will be partnering with
the Building Healthy Marriages Project, Weld County School District Six, Colorado Prevention Partners,
the Juvenile Assessment Center, the Pregnancy Resource Center, and the Temporary Assistance for
Needy Families(TANF)Program. He explained risky behaviors for teenagers include using alcohol and/or
drugs, participating in sexual activities, and having anger issues. In response to Commissioner Masden,
Dr. Wallace stated the 50 students are identified by staff at the schools. In response to Chair Pro-Tern
Jerke, Dr. Wallace stated the most at risk students are identified since the County does not have the
resources available to work with all teenagers. Commissioner Masden moved to approve said contract
and authorize the Chair to sign. Seconded by Commissioner Rademacher, the motion carried
unanimously.
Minutes, December 3, 2007 2007-3644
Page 2 BC0016
CONSIDER TEMPORARY CLOSURE OF CR 18 BETWEEN CR 25 AND U.S. HIGHWAY 85: Leon
Sievers, Department of Public Works, stated the temporary closure is for a culvert replacement, as part
of a bridge replacement project. He stated a message board will be placed prior to construction
commencing, and the detour route is paved. In response to Commissioner Masden, Mr. Sievers stated
the new alignment will improve the severity of the curve of the road. In response to Chair Pro-Tem Jerke,
Mr. Sievers stated the gravel pits have been notified of the road closure. In response to Commissioner
Rademacher, Mr. Sievers stated the gravel companies will have some participation in the relocation of the
irrigation line. Commissioner Masden moved to approve said temporary closure. Seconded by
Commissioner Rademacher, the motion carried unanimously.
CONSIDER ACCEPTANCE OF TEMPORARY CONSTRUCTION EASEMENT FOR CERTAIN
IMPROVEMENTS TO CR 18 AND AUTHORIZE CHAIR TO SIGN - KIMBERLY PARKER AND JOHN
MCWILLIAMS: Mr. Sievers stated this is the first of two parcels to be acquired for the County Road 18
Bridge Project, and the property is located north of County Road 18 and west of the bridge. He stated the
County is acquiring 5,918 square feet of temporary construction easement for$900.00 and the County is
reimbursing the landowner $240.00 for the removal of the existing fence, which equals a total
compensation of $1,140.00. Commissioner Rademacher moved to accept said temporary construction
easement and authorize the Chair to sign. Seconded by Commissioner Masden, the motion carried
unanimously.
CONSIDER QUIT CLAIM DEED AND AUTHORIZE CHAIR TO SIGN - TOWN OF EVANS: Mr. Sievers
stated this is the conveyance of 1st Avenue, which is also County Road 54, between 31st Street and 37th
Street, to the City of Evans, per the terms of an existing intergovernmental agreement. He stated this
conveyance will complete the terms of the agreement. He further stated presently the west half of the
street is within the limits of the City of Evans and the east half of the street is within the Weld County
boundary, and this quit claim deed will transfer all of the right-of-way to the City of Evans. In response
to Acting Chair Pro-Tem Jerke, Mr. Sievers stated the road has the standard 60 feet of right-of-way;
therefore, the County is conveying 30 feet of right-of-way to the City of Evans. Commissioner Masden
moved to approve said quit claim deed and authorize the Chair to sign. Seconded by Commissioner
Rademacher, the motion carried unanimously.
CONSIDER NONEXCLUSIVE LICENSE AGREEMENT FOR THE UPGRADE AND MAINTENANCE OF
CR 102 RIGHT-OF-WAY - WCR 89 GROUP, LLC: In response to Commissioner Rademacher, Don
Dunker, Department of Public Works, the upgrade and maintenance of County Road 102 is to benefit
Lot B. Responding to Chair Pro-Tem Jerke, Mr. Dunker stated the property in question does not have any
Federal Emergency Management Association (FEMA) designated floodplain areas, and the property is
located on County Road 89 and east of Carr. Further responding to Acting Chair Pro-Tem Jerke, Mr.
Dunker stated the adjacent property owners have been notified. Commissioner Masden moved to approve
said agreement. Commissioner Rademacher seconded the motion. Acting Chair Pro-Tem Jerke stated
sometimes there is the expectation for the County to maintain roads when the traffic volume increases,
regardless of a nonexclusive license agreement. Commissioner Rademacher concurred. There being no
further discussion, the motion carried unanimously.
CONSIDER NONEXCLUSIVE LICENSE AGREEMENT FOR THE UPGRADE AND MAINTENANCE OF
CR 66 RIGHT-OF-WAY- FIDUCIAL, LLC: Mr. Dunker explained there will ultimately be a conservation
easement on the Recorded Exemption. In response to Chair Pro-Tem Jerke, Mr. Dunker stated it is a
Four-Lot Recorded Exemption. In response to Commissioner Masden, Mr. Dunker stated it was relayed
the Recorded Exemption will be conservation easement eventually, however, it is presently for residential
lots. Chair Pro-Tem Jerke stated it is meaningless to say the applicants are going to do a conservation
easement, since it is not so presently, and it is not a requirement of the County government to make the
Minutes, December 3, 2007 2007-3644
Page 3 BC0016
property a conservation easement. Commissioner Masden moved to approve said agreement. Seconded
by Commissioner Rademacher, the motion carried unanimously.
CONSIDER CANVASS BOARD CERTIFICATION OF NOVEMBER 6, 2007, COORDINATED GENERAL
ELECTION: Bruce Barker, County Attorney, stated this is the last step to finalize the changes made to the
Home Rule Charter for the election held on November 6, 2007. In response to Chair Pro-Tem Jerke,
Mr. Barker stated the final provisional ballot count is reflected in the certification. Commissioner
Rademacher moved to approve said certification. Seconded by Commissioner Masden,the motion carried
unanimously.
CONSIDER ADOPTION OF ARTICLES OF ASSOCIATION OF THE DENVER REGIONAL COUNCIL OF
GOVERNMENTS; APPROVE PAYMENT OF ANNUAL ASSESSMENT IN ORDER TO BECOME A
MEMBER OF THE DENVER REGIONAL COUNCIL OF GOVERNMENTS, AND APPROVE REVISION
OF THE BOUNDARIES OF THE METROPOLITAN PLANNING AREA: Drew Scheltinga, Department of
Public Works, stated this is the culmination of years of discussion with the Denver Regional Council of
Governments(DRCOG),the towns of Southwestern Weld County,and the transportation planning regions
in the area; and the Board has had work sessions with the highway administration, the Colorado
Department of Transportation (CDOT), and County staff. Mr. Scheltinga stated the reason for the
boundary change is the federal requirements regarding transportation planning, traffic modeling, and
ozone compliance. He stated ozone and traffic modeling will need to be conducted for the region and
DRCOG is capable of performing this for an annual membership fee of $13,800.00. He explained the
Upper Front Range Transportation Planning Region is not capable of performing the required work for less
than two to four hundred thousand dollars; therefore, it is a wise move to alter the boundary and to allow
DRCOG to perform the required work. He stated in addition to the initial modeling, there will be the future
expenses regarding conformity findings pertaining to the air pollution regulations, as required by federal
law. He further stated this solution is, by far, the least expensive way to address the regulations and it will
not affect the Board's authority regarding land use policies. Mr. Scheltinga stated the Resolution only
affects inclusion into DRCOG and the adjustment of the Metropolitan Planning Organization (MPO)
boundary. Commissioner Masden stated this Resolution will not join the County to the Regional
Transportation District(RTD). He stated Mr. Scheltinga has worked hard on the matter and the Board has
attended many meetings related to the issue, and this seems to be the best solution available to the
County. Mr. Scheltinga stated all of the entities within the proposed boundary change are members of
DRCOG, including the cities and towns of Longmont, Mead, Firestone, Frederick, Dacono, Erie,
Northglenn, and Brighton. He stated there is a small portion of the City of Fort Lupton which has chosen
not to participate and the map can be modified to include the City, if it chooses to join at a future date, and
the Town of Lochbuie did not respond to the inquiry, therefore, it is unclear whether or not it is
participating. In response to Chair Pro-Tem Jerke, Mr. Scheltinga stated the boundary changes on the
map are indicated by the purple dotted lines, and all of the other municipalities were previously members
of DRCOG. In response to Commissioner Rademacher, Mr. Scheltinga stated this Resolution is needed
because although the municipalities joined DRCOG previously, the boundary has never been amended.
He explained the Denver Regional Council's MPO never amended the boundary. He stated there is an
annual fee, which is based on population and the assessed valuation formula, and the County's annual
fee is approximately$14,000.00. Responding to Commissioner Rademacher, Mr. Scheltinga stated the
Resolution is to enable DRCOG to perform the ozone and traffic modeling for the County. Commissioner
Masden stated the Resolution needs to include the unincorporated areas of the County. Responding to
Commissioner Rademacher, Mr. Scheltinga stated the conformity findings will be very expensive since any
time a major project or plan changes,the County will have to show it is in compliance regarding all aspects
of air pollution and all other federal regulations. He stated DRCOG performs the evaluations twice per year
to check for compliance with federal regulations, and the cost to perform these evaluations will be a
minimum of$40,000.00 for the southwest part of Weld County each time one is conducted. In response
to Commissioner Rademacher, Mr. Scheltinga stated to contract with DRCOG to perform the required
Minutes, December 3, 2007 2007-3644
Page 4 BC0016
services, without becoming a member, would cost the County a one time payment of$20,000.00 for the
initial set-up costs and $40,000.00 each time an evaluation occurs. Commissioner Rademacher stated
he understands the cost benefits; however, he is concerned about the consequences of this decision. Mr.
Scheltinga reiterated membership in DRCOG will not affect the Board's planning and land use authority.
Responding to Commissioner Rademacher, Mr. Scheltinga stated this decision will not lead to
complications with any potential Regional Transportation Association (RTA) nor taxing. Mr. Scheltinga
stated the membership will open the area within the boundaries to additional state and federal funds
available for highway projects; however, there is not presently much money available through these
resources . Chair Pro-Tern Jerke stated he does not want a decision to be made today regarding this
Resolution today since he was not previously aware the item was on the agenda and since forty percent
of the Board members are not present. He stated he would like to have a work session before he is
comfortable making a decision on the matter. Mr Scheltinga stated there have been multiple work
sessions on this matter, Commissioners Long and Garcia were made aware of the fee at one of these work
sessions, and legal council has reviewed and given approval on the documentation; however, he is willing
to participate in an additional work session. He apologized that Chair Pro-Tern Jerke did not feel better
prepared to make a decision on the matter. Commissioner Rademacher moved to continue to December
10, 2007. Seconded by Commissioner Masden, the motion carried unanimously.
CONSIDER AWARD OF CONTRACT FOR DEMOLITION AND CLEAN-UP OF PROPERTY AT 3715
YOSEMITE DRIVE, WELD COUNTY, COLORADO: Ms. Arries stated she is addressing this issue on
behalf of Tom Honn, Director of Planning Services. She stated this is a joint clean-up effort on behalf of
the Department of Public Health and Environment, including the demolition of dangerous building and trash
clean-up. She further stated Agritech was the only company which submitted a proposal to perform the
clean-up, even though proposals were requested from three companies. Ms.Arries stated the County has
had a tax lien on the property; therefore, the County can apply for a deed and then sell the property to
recuperate some of its losses. In response to Commissioner Rademacher, Ms. Arries stated the bid
includes the removal of the trees,which is preferable for selling the property. Commissioner Rademacher
moved to approve said award of contract and clean-up of property. Seconded by Commissioner Masden,
the motion carried unanimously.
CONSIDER APPOINTMENT OF ASSISTANT DISTRICTATTORNEYAND AUTHORIZE CHAIR TO SIGN
-MICHAEL ROURKE: Mr. Warden stated Michael Rourke will replace Phil Clark. Commissioner Masden
moved to approve Michael Rourke as the Assistant District Attorney and authorize the Chair to sign.
Seconded by Commissioner Rademacher, the motion carried unanimously.
CONSIDER APPOINTMENT OF CHIEF DEPUTY DISTRICT ATTORNEY AND AUTHORIZE CHAIR TO
SIGN-ROBERT MILLER: Commissioner Rademacher moved to approve Robert Miller as a Chief Deputy
District Attorney and authorize the Chair to sign. Seconded by Commissioner Masden, the motion carried
unanimously.
CONSIDER DIRECTING THE CLERK TO THE BOARD TO HAVE PUBLISHED EMERGENCY
ORDINANCE NO. 237-B, IN THE MATTER OF SUPPLEMENTAL APPROPRIATION FOR THE YEAR
2007: Mr.Warden stated this is the second final supplemental appropriation for the 2007 budget and State
Statute requires the Emergency Ordinance be published at least once. He stated it will be published
December 5,2007,and will be presented to the Board for approval on December 17, 2007. Commissioner
Masden moved to direct the Clerk to the Board to have published Emergency Ordinance No. 237-B.
Seconded by Commissioner Rademacher , the motion carried unanimously.
RESOLUTIONS AND ORDINANCES: The resolutions were presented and signed as listed on the consent
agenda. No Ordinances were approved.
Minutes, December 3, 2007 2007-3644
Page 5 BC0016
Let the minutes reflect that the above and foregoing actions were attested to and respectfully submitted
by the Acting Clerk to the Board.
There being no further business, this meeting was adjourned at 10:10 a.m.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
ATTEST: L j /Y J Elea EXCUSED
ih¢aK David E. Long, Chair
Weld County Clerk to the Board -' y
✓l
n ��c? E1 William H. Jerke, Pro-Tem
Depu Clerk theL � %'" EXCUSED
W a F. Garcia
Robert D. Masden
ougla a emac r
Minutes, December 3, 2007 2007-3644
Page 6 BC0016
At
Ned?' City of Thornton
ll
Dust Complaint Follow Up
Prepared for the
Weld County Board of County Commissioners
December 3, 2007
Table of Contents
Introduction 3
Operations performed 3
Remediation measures 4
Continued Revegetation efforts 4-5
Field Operations 6
Various Revegetated farms 7-9
Letter from Weld County to Brian Foss 10
Letter from NRCS to Brian Foss 3/15/07 11
Letter from NRCS to Brian Foss 11/2/07 12
Map—Thornton Farms 118-25 and 19
Map—Thornton Northern Project Revegetation
Page 2 of 15
Introduction
The City of Thornton (City) had 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 had received a letter from the
Weld County Attorney's Office regarding a hearing on the matter for March 21,
2007. This packet is provided for information on the parcels that were the
subject of the blowing soil complaints. Operational information, along with
pictures of the parcels, is provided to show the progress being made by the City
in order to bring the parcels into compliance with County Dust Blowing
regulations. Information concerning the affected neighbors is also provided
showing the City's on going commitment of being a "good neighbor" in Weld
County. 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).
Operations Performed on Farms 118-25 and 19
Immediately after the City received notice of the complaint, the City contracted
with a local dairy to spread manure across both parcels of land. Due to the
timing of this complaint, the soil was frozen and therefore any mechanical
operations such as ripping or chiseling could not be performed. Therefore,
spreading manure was the best and most timely alternative to stop the soil from
blowing. Manure was spread on both parcels during the first full week of March
and continued until both parcels were completely covered. The manure was
applied at approximately twenty (20) tons per acre and contained wheat straw
that the dairy had used as cow bedding in its operation. This straw, along with
the manure, provided an excellent cover on the soil and provided enough of a
rough surface to keep the soil from blowing.
Once the soil thawed out, approximately three (3) weeks later, a chiseling
operation was implemented. The chisel was used to incorporate the manure into
the soil surface while at the same time bringing up clods of dirt. This was
recommended by the Natural Resource Conservation Service (NRCS) as a way
to keep the soil rough and deter any future blowing dust. The chisel operation
was chosen instead of a disc due to the dryness of the soil. The City and the
NRCS felt that disking would further pulverize the soil, causing the soil to become
too fine and possibly start blowing again. The NRCS also recommended
planting a cover crop to get vegetation to hold the soil through the summer
months.
Page 3 of 15
S aDgA/FAbfose‘Weld Count,AWSd County Mean g Decembe,o]tloc
The cover crop of oats was planted the last week of April. This cover crop
sprouted quickly, kept the soil from blowing during the summer months,
suppressed weeds and allowed the City to plant native grass into the stubble
during the fall of 2007. The oats were allowed to grow until mid July and prior to
forming seed, both parcels were sprayed to stop any additional growth. The
vegetation was left on the surface of both parcels for the remainder of the
summer and fall to keep the soil from blowing. During the first week of
November, native grass seed was planted. The seed mixture is a
recommendation of the NRCS and is a requirement of the City's Northern Project
Decree. The grass was planted directly into the oat and weed stubble and will be
continuously monitored for establishment. The work performed on these two
parcels amounted to approximately $190 per acre or just a little short of
$61,000.00. The City will continue to monitor and maintain these parcels in a
similar fashion as all other farms that are being revegetated. Mowing and
spraying operations will be implemented in 2008 to get the grass established and
eventually certified by the NRCS.
Thornton's remediation measures with neighbors
Since the March 5, 2007 Work Session, the City had contacted Craig and Liza
Liftee, 18471 WCR 88, and Lana Cozad, 42971 WCR 37, and discussed several
remediation measures for their property. The City continued to work with these
property owners throughout the summer by performing several operations such
as cleaning ditches, cleaning fence lines, harrowing pastures, mowing weeds,
grading driveways and reimbursing the landowners for operations that they had
performed due to the dust blowing onto their property. Final negotiations are
being worked through now with Craig and Liza Liftee as estimates for some work
were not completed until this fall. All operations and payments, including the
current negotiations, totaled just over $21,000.00
Thornton's continued revegetation efforts
The City continues to revegetate a portion of its farm land in order to fulfill its'
obligations under the Northern Project Decree. During the 2007 growing season,
numerous parcels of land were monitored for control of weeds and the
establishment of native grasses. These lands were taken out of production in
previous years and are located throughout Weld and Larimer Counties and total
just over 5,000 acres.
Native grass plants are difficult to grow and weeds must be controlled so that
vital moisture and sunlight are not robbed from the young seedlings.
Approximately 4,500 acres were mowed with rotary mowers at various times this
summer season and an additional 950 acres were sprayed.
The City also planted an additional 1,288 acres of native grass in 2007.
Throughout the planting and monitoring process every year, the NRCS must
certify fields of established grasses in order for the City to utilize its water rights.
The NRCS certified approximately 860 acres of land as established grass in
Page 4 of 15
5 uD NReafoss\Weld counMWde County Nearing Decemeer07 eoc
2007. Jon Wicke and Stu McFarland of the NRCS toured various Thornton
owned farms and provided recommendations for future maintenance and
operations on another 614 acres. Provided are various pictures of certified farms
throughout Weld and Larimer Counties.
With the continued cooperation of the NRCS, various contractors and other
entities the City will continue to monitor and implement various operations on its
land to ensure the establishment of native grasses.
Paw Sd 15
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Page eof15
Various Thornton Revegetated Farms
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Farm # 37/74 - WCR 78 to WCR 80, East of WCR 19
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Farm # 37/74 - WCR 78 to WCR 80, East of WCR 19
Pape 8 of 15
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Page Sot 15
6 WELD COUNTY ATTORNEY'S OFFICE
915 TENTH STREET
P.O.BOX 758
sO��a� GREELE
Y,CO 80632
//iv WEBSITE 'n www.coebd.cOus.
r , PHONE:(970)336-7235
C N $ ') FAX:(970)352-0242
' at
CERTIFIED MAIL
March 6,2007
City of Thornton City of Mormon
Brian L.Foss Melt Kdeba
Item,Operations Administrator Water Reaorcm Manager.
111 S.2te Avenue 12450 Washington Street
P.O.lion 128 Thornton,Colorado 80241-2405
Ault,Colorado 80619
RE: Dust'Blowing Complaint/or Property Located at:.
5Eu of Section 25,Towuahin8,Range 66 West of die 611'P.M.,Weld County,Colorado
SW V..<ofSection30r TowraMp if,Range 65 West of the 6e P.M.,Weld County,Colorado,
Dear Mr.Pons and Mr.Koleger•. •
As you are aware,the Bootee( Commissioner Weld County,Colorado has been tpfotlned thaiBlust
is blowing from two parcels of land Carded by you,as hereinabove described.According to.dre mforniadon
received,thesehis moving from; neighboring properties owned by the individuals
names appear on the List of Affected Owners,attached to this letter.Pursuant`to SeQUofr'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 propertyofotbers.
The Board will bear the issue of the blowing of soil from your property at its regularly scheduled meeting
on Wednesday,March 21,2007,:sidle hour of 9:00 a.m.The meeting will take place in the First Moor
Meeting Real 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'rdat or will be meeting with Stuart McFarland,West Greeley Soil
Conservation District,to formulate an nation plan to stop the soil from blowing. We have asked Mr.
McFarland to attend the Board meeting on March 21a. 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.
You truly,
7 t L. s -
ep a L. 'es
Assistant Weld.County Attorney
Page 100115
15 March 2007
City of Thornton Farm Management Office
Attn: Brian Foss
111 S. 2"d Ave.
P.O. Box 128
Ault, CO 80610
RE: Soil blowing complaints regarding City of Thornton farms#118-25(SE1/4 25-
8-66)
and#19(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 .25-10" 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 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
Par 11 a115
United Stotts Dsparbuent of Aaricurtur.
A NRCS
Miami Resources Ca* vr00 servo WO-3684097,.>n-OFFICE
970.%1-0092-FAX
�WW 9t Field
Shoot xww.m.mo.usdtgov
cme ey,CO E99S41S17 lon.rdeed IS5.9ev
November 2,2007
City of Thornton Farm Mgmt.Office
do Brian Foss, Farm Manager „
111 South Zed Ave. '
Ault,CO 80610
Dear Brian,
I have completed my report of our September 27th field review of the City of Thornton land
holdings which require perennial grass seeding and establishment. This report has been
reviewed and concurred with by Stu McFarland,Soil Conservationist,who took part in the
field review. Following is my report by farm:
All 5-8-65(Thornton Farm 60-61
The grass stand on this farm varied,but generally the farm has a poor stand overall. The
majority of the area which was formerly irrigated under the center pivot irrigation system
has little or no grass stand at all,and will require reseeding. It is apparent that the past 7
years or so of drought conditions has not helped in getting a grass stand established In this
area,and has been a factor in the loss of the minimal grass stand that had been present
on the site. This area has been measured to be 410 acres. In contrast,we do have a
relatively good stand of Sand Dropseed on the outer edges of the field,mostly outside of
the former irrigated area. This area has been measured to be 175 acres. Although Sand
Dropseed is not a grass species that was seeded,and is not what would typically be
considered a desirable grass from a production standpoint,it has adapted and established
itself well in this area. It will control erosion and provide wildlife habitat,and generally serve
the purposes we look for in an established grass stand. Stu and I see no need to eliminate
this established grass species in favor of re-seeding to establish a more desirable grass
species,so we have certified these 175 acres as established. In summary,our
recommendations on this farm include:
• 410 Acres will require establishment of a cover crop and re-seeding of grass.
• 175 Acres are certified as an established grass stand. Continue to monitor this area
for maintenance of the existing grass stand.
• Refer to Attachments for a map of the area to be re-seeded. We will provide grass
seed recommendations as needed.
W1/2E1/2 30-0-65(Thornton Farm 791
This farm of approximately 152 acres was seeded to cool-season grass(brornegrass)which
has been established on furrows. The grass has have become well established on the
raised beds between the furrows. Even so,there is little grass establishment within the
furrows,which is allowing for some encroachment of weeds. The grass stand is adequate
Page 12415
to certify this field as established,but it was agreed that an interseeding to establish grass
within the furrows would be a worthwhile effort. In summary:
• Recommend interseeding native grass mix to reduce weed competition from within the
furrows and increase overall grass production.
• Continue to monitor weed control and grazing management on this farm.
• Certified as having an Established Grass Stand.
N1/2NW1/4 5-7-65(Thornton Farm 46.81
This farm has approximately 80 acres,which was seeded to a Mixed Wheatgrass-Alkall
Sacaton. The grass stand is well established. The tenant has implemented a rotation
grazing system on the farm,and has done a very nice job of managing the system. Proper
management of this grass stand has lead to a healthy,productive stand of grass which
shows no sign of negative effects from the drought.
• Certified as having an Established Grass Stand.
• Encourage continued use of rotation grazing and overall grass-livestock management.
N1/2SE1/4 9-7-66(Thomton Farm 28-91
This farm has a fair grass stand on 20 acres east of the irrigation ditch,while the balance
west of the ditch(80 acres)has a poor grass stand. It is recommended that the scattered
weeds be mowed on the 60 acres west of the ditch,and the grass re-seeded into the
existing cover. It was also evident that grazing pressure on this farm had been fairly
significant. Grazing should be kept to very short periods or deferred completely during the
establishment phase of the grass stand. In summary:
• Mow existing weeds to 12"height to allow for ease of drilling.
• Drill native grasses into existing cover from Nov. 1,2007 to May 15,2008.
• Do not graze during establishment of the grass stand.
NW1/4 22-747(Thornton Farm 371
The farm has 139 acres,95 acres of which has been seeded to grass over the past 2-3
years,into a variety of cover types. These newty seeded areas have established nicely in a
short period of time. 41 acres of existing grass stands(alfalfa,brome,orchardgrass,and
perennial ryegrass mix)on this farm continue to be well established,and appear to have
suffered little from the withdrawal of water. Although we have noted some change in stand
dominance by particular grass species,there appears to be no reduction in the overall
stand,and production has remained high on these acres. The management practices
carried out on this farm(mowing,spraying for weed control,etc.)to this point has been
highly successful.
• Certified as having an Established Grass Stand.
• Continue management practices for weed control and maintenance of the grass stand.
SW1/4 22-747(Thornton Farm 741
15 acres in the far NE corner of this farm are established. Management practices carried
out on this area has helped the grass stand compete,and this acreage is well established.
54 acres of this farm(34 acres NE&20 acres SE of the farmstead)will require interseeding
to improve the grass stand. Although the grass seeding on this area is relatively new,it was
agreed that It would be worthwhile to try an interseeding this fall or next spring,to assist in establishment of the stand in this area. There is 20 acres SE of the farmstead which will
require bindweed control prior to interseeding. Unless the bindweed is closely monitored
Page 13 ot15
and managed, it could continue to be a hindrance to establishing a grass stand in this area.
The remaining 70 acres(24 ac in NW comer,46 ac on S/SE side of farm)was seeded to
grass in the past year or two,and has a fair stand at this time. Although not yet
established,it appears that with some timely management(mowing/spraying for weed
control,etc.)this area has enough grass emerging to develop into an established grass
stand in a year or two. Following are our recommendations for this farm:
• Spray for bindweed control on 20 acres in the SE corner prior to seeding,and as
needed throughout the farm.
• Seed perennial grasses into 54 acres(includes above 20 ac)from Nov 1,2007 to May
15,2008.
• Carry out weed control and other management as needed on 70 acres of developing
grass stand.
• Grass stand on 15 acres in NE corner of farm is established. Awaiting development of
grass stand on balance of acres.
[Thornton Farm 441
This farm of 307 acres has a well established stand of cool-season grasses. Continue to
monitor the site for weed control,and maintain the grass stand. I do not have any GIS
mapping capabilities for Larimer County at this time,so I was not able to document the legal
description for this farm.
• Certified as an Established Grass Stand.
We also reviewed some Weld and Larimer County sites which were previously codified.
The grass stands on all previously certified sites which we reviewed continue to be
established stands. Even so,heavy grazing pressure was found to be evident on some
sites. Continued heavy grazing on established grasses,especially during drought periods,
will lead to a deterioration of the grass stand. This will result in increased weed pressure,
potential erosion problems,decreased grass production,and the potential to lose the grass
stand altogether. Grazing on sites which were heavily grazed in 2007 should be deferred
completely next year.
Overall,although there are some problem areas which the farm management staff is
dealing wi h,I am pleased with the progress made toward establishment of grass on these
farms. It is evident that the farm management staff has put a great deal of time and effort
towards achieving established,well maintained grass stands. We appreciate the
assistance of Brian and Lowell during the review,and look forward to continued cooperative
efforts.
If you have any questions,or need further information,give me a call at the USDA-NRCS
Greeley Field Office(970)358-8097,x3.
Sincerely, ��'4
ike
Jon E.Wcice
District Conservationist
Page ua 15
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9500 CIVIC CENTER DRIVE
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