HomeMy WebLinkAbout20020912.tiff RESOLUTION
RE: ACTION OF BOARD CONCERNING DUST BLOWING COMPLAINT - BELLA
FARMS, LLC
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 parcel of land: SW1A of Section 8, Township 3 North, Range 66 West of
the 6th P.M., Weld County, Colorado, and
WHEREAS, said parcel is owned by Bella Farms, LLC, 13278 Weld County Road 32,
Platteville, Colorado 80651, 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 15th day of April, 2002, and
WHEREAS, at said hearing of April 15th, 2002, the respondent was represented by Tom
Haren, AgPro Environmental Services, LLC, who stated the future plans for the property, as
well as the intention of the property owner to follow a soil conservation plan.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of
Weld County, Colorado, that the Dust Blowing Complaint against Bella Farms, LLC, be, and
hereby is, dismissed.
The above and foregoing Resolution was, on motion duly made and seconded, adopted
by the following vote on the 15th day of April, A.D., 2002.
BOARD OF COUNTY COMMISSIONERS
���� WE.��L�UNTY/CO RADO
ATTEST:/t ' ��'(/L/ 9 (///
L/,�� Gle aad, CITE
Weld County Clerk to th to. . t `�J
cp � is &( �tO '-��' David E. g, Pro-Tem /
BY: i t �o err� ��* -�Deputy Clerk to the : L .?' � e
, (,&I
ki att � . J. eile
APPROVED AS TO F '.
EXCUSED
� Willia H. Jerke
l �County Att�rney + ✓ , NI
�,
Robert D. Masden
Date of signature: -�9
2002-0912
EX0022
(,c, ; .>/k fZe rms (4 So;/Cons,amp/
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WELD COUNTY ATTORNEY'S OFFICE
cft:11;:, 915 TENTH STREET
P.O. BOX 758
GREELEY, CO 80632
WEBSITE: www.co.weld.co.us
WIlive
PHONE: (970) 336-7235
FAX: (970) 352-0242
COLORADO April 5, 2002
CERTIFIED MAIL
Bella Farms LLC
13278 Weld County Road 32
Platteville, CO 80631
RE: Dust Blowing Complaint for Property Located in the Southwest Quarter(SW14) of
Section 8, Township 3 North, Range 66 West of the 6th P.M., Weld County, Colorado
Dear Sirs and Madams:
The Board of County Commissioners of Weld County, Colorado has been informed that dust is
blowing from the above described parcel. According to the information received, the soil is
depositing on property owned by JT Investments Ltd. LLP in the Northwest Quarter (NW`/4) of
Section 17-3-66. Enclosed is a copy of a fax from JRT Farms describing the dust blowing and
consequent damage. Also enclosed is a copy of the Weld County Assessor's map showing the
properties and copies of the parcel information corresponding to each property.
Please be advised that pursuant to C.R.S. § 35-72-102(b), it is the duty of the owner or occupier
of any land in the State of Colorado to prevent soil blowing from such land.
I have asked Mr. Norm Wells, Brighton Soil Conservation District, to inspect the properties and
to inform the Board of the results of his inspection and any recommendations he may have for
remedial measures to be performed in the SW'/ of Section 8 - 3 - 66 by Bella Farms. Pursuant to
C.R.S. § 35-72-103(1), the Board of County Commissioners may order treatment of the parcel to
accomplish such recommendations. Any such treatment would be at your expense.
The Board will hear the matter at its regularly scheduled meeting on Monday, April 15, 2002, at
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 dust blowing problem.
2002-0912
Letter, Bella Farms
April 5, 2002
Page 2
If you have any questions concerning this matter, please contact this office at 356-4000,
Extension 4390.
Sincerely,
Bruce T. Barker
Weld County Attorney
Enclosure
pc: Norm Wells
3T Investments Ltd. LLP
lip 02 02 10: 14a Jon R Tuttle 970-785-2069 P- 1
Jo Anne Allrvdse d 9703308101 P.02
APR-02-2002 TUE 00:35..A111 WELD.,CO GOVT .FAX N0. 9103521)242 P 02 .
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-.1 It ; I 1 ; ;s'"y ZS';�r,1rPd� ': ! DUST COMPLAINT: 3 ( _ 11�
:.Name,address,and telephone number of Complainant:
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9,b -. 7 nil Feb? . 97o XPS- Zo69 . ,
Description ofproperty'fron.which dust is blowing(include legal.description, if p able at'a -
i minimum,section:quarterand roads):
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- Date of blow: Fe 4 1 z ni 4 too 1. .
Desscription of damag
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Name,address,telephone number of owner or operator of property: •
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Identify Results http://maps.menick.com/Website/We...cel&pin=121108000022&acct=R4850686
Parcel Valuation
Account#: R4850686 Parcel#: 121108000022
Owners Name & Address: Property Address:
BELLA FARMS LLC Street: 13174 36 CR
13278 WELD CO RD 32 City: WELD
PLATTEVILLE, CO 80631
Business/Complex:
Legal Description
116559 W2 8 3 66 EXC N300' SW4(6D 4R) %13174 WCR 36% SITUS 13174 36 CR WELD 00000
_Land Value $80,059.00 Land Assessed Value $23,220.00
Impr. Value $134,924.00 Impr. Assessed Value $12,350.00
Total Value $214,983.00 Total Assessed Value $35,570.00
Total Taxes: $2,063.38 Amount Due: $2,063.38
Map#: 2337 Bordering County:
Township Range Section Quart. Sec. Subdivison Name Block# Lot#
03 - 66 - 08 - 0 - -
Acres: 59.78
Sq. Ft.: 0
Sale Price Sale Date Deed Type Reception #
$2,000,000.00 2/1/00 WD 2747439
I of 1 04/04/2002 03:12 PM
Identify Results http://maps.merrick.com/Website/We...cel&put=12111 iuuuuzaocac;c1 c.oaJ.)lvv
Parcel Valuation
Account#: R8455100 Parcel#: 121117000022
Owners Name & Address: Property Address:
J T INVESTMENTS LTD LLLP Street: 12740 34 CR
13120 COUNTY ROAD 34 City: WELD
PLATTEVILLE, CO 80651
Business/Complex: Legal Description
I PT W2NW4 17-3-66 LOT A REC EXEMPT RE-2602 (.31R) SITUS_ 12740 34 CR WELD 0 1
Land Value - $1,201.00 Land Assessed Value $350.00
Imar. Value $12,247.00 Impr. Assessed Value $3,550.00
Total Value $13,448.00 Total Assessed Value $3,900.00
Total Taxes: $225.74 Amount Due: $0.00
Map#: 2340 Bordering County:
Township Ramie Section Quart. Sec. Subdlvison Name Block# Lot#
03 - 66 - 17 - 0
Acres: 2.19
Sq. Ft.: 95396.4 Deed Type Reception #
Sale Price Sale Date
$0.00 . •
04/04/2002 03:12 PM
1 of 1
Identify Results http://maps.merrick.com/Website/We...ce1&pin=121117000023&acct--R8455200
Parcel Valuation
Account#: R8455200 Parcel#: 121117000023
Owners Name & Address: Property Address:
3 T INVESTMENTS LTD LLLP Street: 12120 34 CR
13120 COUNTY ROAD 34 City: WELD
PLATTEVILLE, CO 80651
Business/Complex:
Legal Description
I PT W2NW4 17-3-66 LOT B REC EXEMPT RE-2602 (1.69R2D) SITUS: 12120 34 CR WELD 0
Land Value $13,206.00 _ Land Assessed Value $3,830.00
Impr. Value $246,563.00 Impr. Assessed Value $23,750.00
Total Value $259,769.00 Total Assessed Value $27,580.00
Total Taxes: $1,596.34 Amount Due: $0.00
Map#: 2340 Bordering County:
Township Range Section Quart. Sec. Subdivison Name Block# Lot#
03 - 66 - 17 - 0 - -
Acres: 6
Sq. Ft.: 261360
Sale Price Sale Date Deed Type Reception #
$0.00
1 of 1 04/04/2002 03:11 PM
Weld County,Colorado wysiwyg://0/http://maps.merrick.com/website/weld/MapFrame.htm
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UNIMINMENIK
BELLA FARMS LLC o[al Taxes:$2,063.38
13278 WELD CO RD 32 ount Due: $2,063.38
PLATTEVILLE,CO 80631
J T INVESTMENTS LTD LLLP
13120 COUNTY ROAD 34
PLATTEVILLE, CO 80651
1 of 1 04/04/2002 03:26 PM
04/12/2002 07:39 3036591768 BRIGHTON USDA PAGE 02
United States Department of Agriculture
57 West Bromley Lane
O RCS NaturalBrighton, )6O S1768
''r{J` `J Resources 0601
Phone:(303)8597004
Conservation FAX:(303)659-1768
Service httwJlwww ao uses nsda nov
April 12,2002
Weld County
Weld County Attorney's Office
915 Tenth Street
P.O.Box 758
Greeley,Colorado 80632
RE:Dust Blowing Complaint
SWl/4 section 8,T3N,1166W
Pear Sirs;
On April 10°`I made a field visit to the above referenced property.Ms.Janine Baratta,Nutrient
Management Consultant with AgPro Enviromnental Services,LLC.Also accompanied me with the site
investigation The field to the north of WCR 34 shows definite signs of soil erosion.The concrete ditch
along the south side of the field is filled with blown soil,as is the borrow ditch along WCR 34 and there is
soil deposition in the fields to the south of WCR 34.There are a couple of pieces of Ears machinery on the
south side of WCR 34 that axe almost covered with blown soil
According to Mt USDA'Soil Survey of Weld County,Colorado-Southern Part,the soils on this paroel
of land are classified as Vona loamy sand,symbol no.72 and 73 on the soil map,which I have attached
This soil has a loamy sand surface with a sandy loam subsurface.Even under irrigation,this soil needs
protection in order to control soil erosion.I have also attached a copy of the pages from the soil survey that
gins a complete description of the soil.Currently,there are no residues present that would control wind
erosion.
NRCS records do not indicate that any form of conservation compliance plan has been prepared for this
parcel of land A conservation plan is a requirement if the landowner participates in any of the government
bum programs.An individual anion-compliance situation is not eligible for any subsidies of any'dud
from the federal government At this point,I do not know if the landowner is participating In order for this
field to be in compliance,a conservation compliance plan would need to be developed.A specified
cropping system would be set up that would provide for a cover to be maintained on a year a round basis.
Tillage methods and residue amounts would be specified as well as the timing of tillage operations.A
conservation plan also includes nutrient management and weed control measure°.
The Natural Resource.Cmamvdoa Service wwka lend-in-hand with UEDANACl I6 All EQUAL OPPORTUNITY
the Amedaen people to serve neaal resources on private IS PROVIDER AND EMPIA3YEER
04/12/2002 07:39 3036691768 BRIGHTON USDA PAGE 03
If the field is not planted shortly and the wind becomes a problem again,listing or some type of deep
furrowing will be needed to control the blowing.These types operations would then require the field to be
worked a couple more times prior to planting Additional tillage operations not only dry the soil out and
make it more susceptible to blowing but also tend to pulverize the soil.The landowner could also try to
control some blowing by running the sprinkler and keeping the soil surface wet
The NRCS is available to assist the landowner should he deed to comply with USDA requirements or
any requirements that you may impose upon him.I would be available to meet with the landowner and you
Ifneoessaty.If you need additional information,please feel free to call..
Sincerely,
1P0144%444-11-11414(
Norman J.Wells,It
District Conservationist
Cc:AgPro Envimnmetal
Tb.Natural Epsowas Coneavdlen S sure works lrebinfiaod with USDA NRCS IS AN EQUAL OflORTUNflY
ohs Marlow people to conserve eawi rewwoa oa*vt lads. PROVIDER AND LW PLOYE=
I,+
04/12/2002 07:39 3036591768 BRIGHTON USDA PAGE 04
i4
[d 46 suss. SURVEY •
i' Permeability is rapid. Available water capacity is yellowish brown fine sandy loam about 16 inches thic
I. moderate. A water table is at or near the surface in The substratum to a depth of 60 inches is sandy loam.
r spring and about 36 inches below the surface in fall. Sur Permeability is moderately rapid. Available wati
': face runoff is slow, and the erosion hazard is low. capacity is moderate. The effective rooting depth is t
ti This unit is used for rangeland and wildlife habitat. The inches or more. Surface runoff is slow, and the erosic
potential native vegetation on the Valent soil is hazard is low.
dominated by sand reedgrass, sand bluestem, blue and , In irrigated areas this soil is suited to the crops cor
hairy grama, little bluestem, needleandthread, and . monly grown in the area. Perennial grasses and alfalfa ]
j sideoats grams. Potential production ranges from 1,800 close grown crops should be grown at least 50 percent
I pounds per acre in favorable years to 1,400 pounds in un- the time. Contour ditches and corrugations can be used
1• favorable years. As range condition deteriorates, the sand irrigating close grown crops and pasture. Furrows, cm
bluestem, sand reedgrass, sideoats grama, and little . tour furrows, and cross slope furrows are suitable for ro
:'l bluestem decrease; sandhill muhly and blowout grass in- crops. Sprinkler irrigation is also desirable. IAMttagtaii
'?!1 crease, and forage production drops. "Blowouts" occur as Inge.tek raiillmtum-aadv goc oP imprr.hab+ : of
range condition becomes poorer. tail st un.• Maintaining. senility is important. Crl
. 'p' The native vegetation on the Loup soil is dominated by respond to applications of phosphorus and nitrogen.
fi=:! switchgrass, little bluestem, sand reedgrass, and western In nonirrigated areas this soil is suited to winter whea
wheatgrass. indiangrass, sand bluestem, prairie cordgrass, barley, and sorghum. Most of the acreage is planted l
�'!' slender wheatgrass, alkali sacaton, saltgrass, sedge, and winter wheat The predicted average yield is 20 bushe
rush are also present. Potential production ranges from per acre. The soil is summer fallowed in alternate yea]
Y 4,000 pounds per acre in favorable years to 3,000 pounds to allow moisture accumulation. Generally precipitation
�, in unfavorable years. As range condition deteriorates, the, too low for beneficial use of fertilizer.
switchgrass, sand bluestem, indiangrass, little bluestem, Stubble mulch fanning, striperopping, and minimum ti
i and prairie.cordgrass decrease, and saltgrass, blue grams, lage are needed to control soil blowing and water erosio:
i!i sand dropseed, sedge, and rush increase. Undesirable Terracing also may be needed to control water erosion.
weeds and annuals invade the site as range condition The potential native vegetation on this range site :
becomes poorer_ dominated by sand bluestem, sand reedgrass, and blv
Seeding with an interseeder is advisable if the range is grams. Needleandthread, switchgrass, sideoats gram:
i.1 in poor condition. Sand reedgrass, sand bluestem, sideoats and western wheatgrass are also prominent. Potentc
grams, switchgrass, little bluestem, indiangrass, and blue production ranges from 2,200 pounds per acre in favor.
. ' grama are suitable for seeding. Seeding early in spring ble years to 1,800 pounds in unfavorable years. As rang
has proven most successful Grazing should be light to condition deteriorates, the sand bluestem, sand reedgras.
prevent range deterioration. and switchgrass decrease and blue grams, sand dropeeec
1 Wildlife is an important secondary tree of this unit. On and sand sage increase- Annual weeds and grasses invad
the Valent soil, rangeland wildlife, for example, the the site as range condition becomes poorer.
pronghorn antelope, can be attracted by developing Management of vegetation on this soil should be base
' livestock watering facilities, managing livestock grazing, on taking half and leaving half of the total annual produw
and reseeding where needed. tion. Seeding is desirable if the range is in poor condition
The Loup soil, which is typically wet and produces an Sand bluestem, sand reedgrass, switchgrass, sideoat
abundance of wetland vegetation, attracts wetland wil- grama, blue grama, pubescent wheatgrass, and create
! dlife species, such as mallard, teal, geese, and miscellane- wheatgrass are suitable for seeding. The grass selecte
ous shorebirds. Primary management of this soil for wet- . should meet the seasonal requirements of.livestock l
land wildlife includes managing livestock grazing, fencing should be drilled into a clean, firm sorghum stubble or
,; to control livestock, protecting from fire, and preventing prepared seedbed. Seeding early in spring has prove
6; drainage_ Natural wetland vegetation should be allowed most successful.'
to develop. Capability subclass Vie irrigated, VIe nonir- Windbreaks and environmental plantings are fairly we
trigated; Valent soil in Choppy Sand Meadow range site, suited to this soil. Blowing sand and low available wate
04/12/2002 07:52 3036591768 BRIGHTON USDA PAGE 01/02
WELD .COUNTY, COLORADO, SOUTHERN PART 47
';e attracted by establishing areas for nesting and escape wheatgrass are suitable for seeding. The pass selected
cover. For pheasants, undisturbed nesting cover is e6aen- - should meet the seasonal requirements of livestock.It can
tial and should be included in plans for habitat develop- be seeded into a clean, 5rm sorghum stubble, or it can be
went, especially in areas of intensive agriculture. Range- drilled into a firm prepared seedbed. Seeding early in
land wildlife, for example, the pronghorn antelope, can be spring has proven moat successful.
attracted by developing livestock watering facilities, Windbreaks and environmental plantings are fairly well
managing livestock grazing, and reseeding where needed. suited to this soil Blowing sand and low available water
This soil has good potential for urban and recreational capacity are the principal hazards in establishing trees
development. Once established, the lawns, shrube,,.and and shrubs. The soil is so loose that trees should be
trees grow well. The chief limiting soil feature is the Planted in shallow furrows and vegetation maintained
rapid permeability in the substratum, which causes a between the rows Supplemental irrigation may be needed
hazard of ground water contamination from sewage to insure survival Trees that are beat suited and have
lagoons. In places recreational development is limited by good survival are Rocky Mountain juniper, western
the susceptibility to soil blowing. Capability Subclass IIIe redcedar, ponderosa pine, and Siberian elm. The shrubs
irrigated, Ise nonirrigated;Sandy Plains range site. best suited are sknnkbush sumac, lilac, and Siberian
73—Vona loamy sand, 3 to 5 percent slopes. This is a Peashrub.
deep, somewhat excessively drained soil on plains and Wildlife is an important secondary use of this soil. The
high terraces at elevations of 4,600 to 6,200 feet. It cropland areas provide favorable habitat for ring-necked
-formed in eolian or alluvial deposits. Included in mapping pheasant and mourning dove. Many nongame species can
are some leveled areas. Also included are small areas of be attracted by establishing areas for nesting and escape
'soils that have a loamy substratum and some areas of cover. For pheasants, undisturbed nesting cover is eseen
soils that are noncalcareous to a depth of 60 inches tial and should be included in plans for habitat develop
Typically the surface layer of this Vona soil is grayish meat especially in areas of intensive agriculture. Range
brown. The upper 6 inches is loamy sand and the lower 5 land wildlife, for example, the pronghorn antelope, San be
inches is fine sandy loam. The subsoil is brown and light attracted by developing livestock watering facilities,
yellowish brown fine sandy loam about 14 inches thick managing livestock grazing,and reseeding where needed.
The substratum to a depth of 60 inches is sandy loam. This soil has good potential for urban and recreational
Permeability is moderately rapid. Available water development. Once established, the lawns, shrubs, and
feature is the trees grow well.
capacity is moderate. The effective rooting depth is 60 The primary limiting soil
inches or more. Surface runoff is slow, and the erosion rapid permeability in the substratum which causes a
hazard is low. hazard of ground water contamination from sewage
s�eedl.. 1* :suited to limited cropping. .Intensive lagoons. In places recreational development is limited by
. the susceptibility to soil blowing. Capability subclass IVs
ttcppping .is hazardona because of. soil blowing. The
irrigated,VIe nonirrigated; Sandy Plains range site.
cropping system should be limited to such close grown
crops as alfalfa, wheat, and barley. The soil ie also suited soma loamy sand, 6 to 9 percent elopes. This b a
to irrigated pasture. A suitable cropping system ie 3 to 4 deep, somewhat excessively drained soil on plains at
years of alfalfa followed by 2 years of corn and small elevations of 4,600 to 5,200 feet. It formed in eolian
grain and alfalfa seeded with a nurse crop. deposits.Included.t r mapping are small areas of soils that
Closely spaced contour ditches or sprinklers can be have a loamy substratum and areas of soils that are non-
•
used in irrigating close grown crops. Contour furrows or calcareous a depth ao layer 60 inches.
apinklers should be used for new crops. Application of inches s loamy surfacean is the grayish brown.oinches The e
6 inches is sand and lower 4 is fine
barnyard manure and commercial fertilizer helps to main- sandy loam. The subsoil is brown and light yellowish
taro good production. - brown fine sandy loam about 12 inches thick The sub-
The potential native vegetation on this range site is stratum to a depth of 60 inches is loamy sand.
dominated by sand bluestem, sand reedgraes, and blue Permeability is moderately rapid. Available water
grama. Needleandthread, switchgrass, aideoata grama, capacity Is moderate. The affective rooting depth is 60
and western wheatgraes, are also prominent. Potential inches or more. Surface runoff is medium,and the erosion
Production ranges from 2,200 pounds per acre in favora- hazard is low.
ble years to 1,800 pounds in unfavorable years. As range The potential native vegetation on this range site is
condition deteriorates, the sand bluestem, sand raedgrass, dominated by sand bluestem, sand reedgrase, and blue
and switchgrass decrease and blue grama, sand dropseed, grams, Needleandthread, switchgrass, sideoate grams,
and sand sage increase. Annual weeds and grasses invade and western wheatgrass are also prominent Potential
the site as range condition becomes poorer. production ranges from 2,200 pounds per acre in favors-
Management of vegetation on this soil should be based ble years to 1,800 pounds in unfavorable years. As range
rn.taldng half and leaving half of the total annual produc- condition deteriorates,the sand bluestem, sand reedgrass,
ion. Seeding is desirable if the range Is in poor condition, and ewitchgraas decrease and blue grams, sand dropseed,
Sand bluestem, sand reedgrass, switchgrass, sideoats and sand sage increase- Annual weeds and grasses invade
crams, blue grams., pubescent wheatgrass, and crested the site as range condition becomes poorer.
04/12/2002 07:52 3036591768 ., IGHT0N USDA V PAGE 02 02
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