The URL can be used to link to this page

Browse Search

Home My WebLink About20021167.tiff RESOLUTION RE: ACTION OF BOARD CONCERNING DUST BLOWING COMPLAINT - MARK AND JACQUELYN EBERL 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: Section 21, Township 3 North, Range 68 West of the 6th P.M., Weld County, Colorado, and WHEREAS, said parcels are owned by Mark and Jacquelyn Eberl, P.O. Box 668, Mead, Colorado 80542, 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 6th day of May, 2002, and WHEREAS, Mark and Jacquelyn Eberl were notified of said hearing by first class mail, dated April 26, 2002, and WHEREAS, the following persons were present at said hearing: Mark and Jacquelyn Eberl, property owners; and Tim Carney, Longmont Soil Conservation District, and WHEREAS, the Board of County Commissioners heard all of the testimony and statements of those present, studied the recommendation of the Longmont Soil Conservation District and all of the exhibits and evidence presented in this matter and, having been fully informed, finds that this Dust Blowing Complaint shall be dismissed. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld County, Colorado, that the Dust Blowing Complaint against Mark and Jacquelyn Eberl, owners of land described as part of Section 21, Township 3 North, Range 68 West of the 6th P.M., Weld County, Colorado, be, and hereby is, dismissed. Or, C4 Sep � tada , 2002-1167 EX0022 DISMISS DUST BLOWING COMPLAINT - MARK AND JACQUELYN EBERL PAGE 2 The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 6th day of May, A.D., 2002. BOARD OF COUNTY COMMISSIONERS A WEL COUNTY, C LORADO ATTEST: Glenn Vaad, Chair Weld County Clerk to t r �=s� � � ��a �p �" -9 EXCUSED ~f , ,� David E. L g, Pro-Tem BY: 6 at o�•.!�fi .a}' u �/� Deputy Clerk to the B • M,f QGt M. J. eile APP AS Tr �/� William H. Jerke l orney c EXCUSED DATE OF SIGNING (AYE) Robert D. Masden Date of signature: 573 2002-1167 EX0022 a WELD COUNTY ATTORNEY'S OFFICE 915 TENTH STREET P.O. BOX 758 GREELEY, CO 80632 n WEBSITE: www.co.weld.co.us PHONE: (970) 336-7235 C. FAX: (970) 352-0242 COLORADO April 26, 2002 CERTIFIED MAIL Mark A. Eberl Jacquelyn A. Eberl P.O. Box 668 Mead, CO 80542 RE: Dust Blowing Complaint for Property Located in Section 21, Township 3 North, Range 68 West of the 6th P.M., Weld County, Colorado (Lot 9 of the Edens Reserve Subdivision, Weld County, Colorado) Dear Mr. and Mrs. Eberl: 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 Michael and Lorraine Tarver, 14515 WCR 7, Mead, Colorado. Enclosed is a copy of a Dust Complaint form taken on April 23, 2002, 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. Tim Carney, Longmont 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 by you or your agents on the subject property owned by you. 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, May 6, 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 2002-1167 . Letter, Mark and Jacquelyn Ebert April 26, 2002 Page 2 meeting in order to give testimony relative to the dust blowing problem. If you have any questions concerning this matter, please contact this office at 356-4000, Extension 4390. rely, ruce T. Barke1 Weld County Attorney Enclosure pc: Tim Carney Lorraine Tarver Clerk to the Board WELD COUNTY ATTORNEY'S OFFICE cfe 915 TENTH STREET P.O. BOX 758 GREELEY, CO 80632 ' WEBSITE: www.co.weld.co.us PHONE: (970) 336-7235 C. FAX: (970) 352-0242 COLORADO April 26, 2002 Tim Carney Longmont Soil Conservation Service 9595 Nelson Road, Suite D Longmont, CO 80501 Re: Dust Blowing Complaint -- Eberl Dear Mr. Carney: Enclosed is a copy of the letter I have sent to Mark and Jacquelyn Eberl regarding the dust blowing complaint from Lorraine Tarver. The Board of County Commissioners will consider the matter at its May 6, 2002, 9:00 a.m.,meeting at the Weld Centennial Center, 915 10th Street, Greeley, Colorado. The Board would like to receive a writing from you, Allen Green, or another representative of the Soil Conservation Service prior to that meeting. The writing should describe what your inspection revealed, what damage has occurred to adjacent public and private properties, if any, and any remedial measures the Soil Conservation Service would recommend be performed. Also, the Board would appreciate having a representative attend the meeting, if possible. Please feel free to call me at (970) 356-4000, ext. 4390, if you have any questions or comments regarding this letter or the enclosed. cerely, race T. Bar�ke Weld County Attorney pc: Clerk to the Board DATE : 12441(At TIME : 5 : 57,, erg-- DUST COMPLAINTS Name, Address , and Telephone Number of Complainant: a,%o/Q' /q(N/ —7,-4/e,l4 /S'S/5- e:_Jcie 7 /Vet, c(' c© Sys--(1 70 5-35" (FS-co Description of /Prope ty From Which D st i Blowi : clk C — JuS/ Gde.5T of, hoCl e ill 4 .etc(--C _re' „2e //ea/s yee (al c . attPd - `{ i (s iea_K /5 lnat Description of Damage to Public or ,Private Property: C61-1-5 Li /1ivse, 9 ctit y W/lie✓< e(s-e-- Name, Address , and Telephone Number of Owner or Operator of Property: c tz1 /&sir✓e -- lc)Ato der- is 66 cit/al ( .7 t4 pro 1)&1) Li cozJnS 1i is Fe W ,at/So Other nformat 'on: 7 OiS (,l;(SO l'rf?(7 ned- ge n 1.`- � , sb/l ' Sup 4-,7oe ( Darin o o f Follow-up: ASK THE COMPLAINANT TO PUT THIS INFORMATION IN WRITING AND SEND THE SAME TO: CLERK TO THE BOARD, P . 0 . BOX 758 , GREELEY, CO 80632 . Identify Results http://maps.merrick.com/Website/We...ce1&pin=120721002009&acct=R8114999 Parcel Valuation Account#: R8114999 Parcel#: 120721002009 Owners Name & Address: Property Address: EBERL MARK A &JACQUELYN A Street: WELD P O BOX 668 City: WELD MEAD, CO 80542 Business/Complex: Legal Description I ER L9 EDENS RESERVE SITUS: 2672 GRACE WAY WELD 0 Land Value $33,206 Land Assessed Value $9,630 Imor. Value V Imor. Assessed Value V Total Value $33,206 Total Assessed Value $9,630 Total Taxes: $669.86 Amount Due: $669.86 Tax Area: Bordering County: Township Range Section Ouart. Sec. Subdivison Name Block# Lot# 03 - 68 - 21 - 0 EDENS RESERVE PUD - - 9 Acres: 63.905 Sq. Ft.: 2783701.8 Sale Price Sale Date Deed Type Reception # $0 1 of I 04/25/2002 10:59 AM Identify Results http://maps.merrick.com/Website/We...cel&pin=120721001019&acct=R0029691 Parcel Valuation Account#: R0029691 Parcel#: 120721001019 Owners Name & Address: Property Address: TARVER MICHAEL J & LORRAINE W Street: 14515 7 CR MEAD 1015 WELD CO RD 7 City: MEAD MEAD, CO 80542 Business/Complex: Legal Description MEA HUR1-19 L19 BLK1 HUNTER'S RIDGE SITUS: 14515 7 CR MEAD 805420000 Land Value $67,000 Land Assessed Value $6,130 Imor. Value $250,596 Imor. Assessed Value $22,930 Total Value $317,596 Total Assessed Value $29,060 Total Taxes: $2,356.22 Amount Due: $1,178.11 Tax Area: Bordering County: Township Range Section Quart. Sec. Subdivison Name Block# Lot# 03 - 68 - 21 - 0 HUNTERS RIDGE SUB - 1 - 19 Acres: 0 Sq. Ft.: 0 Sale Price Sale Date Deed Type Reception # $207,900 5/28/93 02335897 1 of 1 04/25/2002 10:48 AM Weld County, Colorado wysiwyg://0/http://maps.merrick.com/website/weld/MapFrame.htm Weld County,Colorado 0 m®, Q' yryr tegnedeetyeseute Legend OCounty Border eXy anti 0 arm I n eared I Eiewer 0 nan Fee puss _ Moe c�e�CS' it f v ussea I, I'3 I . , El gai wit. 0. eed L^\i�,{ maw NsR.me' El lionitglonn �. 0 e :NI Ross E3 vale EBERL MARK A & JACQUELYN A L 3....o. P O BOX 668 """°el 0 MEAD, CO 80542 Pew ] co-.UMW cea Pt«oemony 120721001019 TARVER MICHAEL J&LORRAINE W Total Taxes: $2,356.22 1015 WELD CO RD 7 Amount Due: $1,178.11 MEAD,CO 80542 1 of 1 04/25/2002 10:48 AM Weld County,Colorado wysiwyg://0/http://maps.merrick.com/website/weld/MapFrame.hun Weld County, Colorado 0 0 0mtar Laos aksas usfsauin.. OCounty Border (Ay LW* � it e.m.r+e onto r' I ® Rana __.. ❑ Freande 12 Ohms. - I Li tanpd I li ® arrwei li ® is Ss Ejn Me `�1 1�J Wiwi I, r6e-Ptonn wm Fbcn ® rtienar EBERL MARK A &JACQUELYN A ❑ s„ad P O BOX 668 0 ,e,., MEAD, CO 80542 Eg 1j Prods ❑ ae seals,am Pha+aerssar 120721001019 ARVER MICHAEL J&LORRAINE W otal Taxes: $2,356.22 1015 WELD CO RD 7 mount Due: $1,178.11 AD,CO 80542 1 of 1 04/25/2002 11:06 AM County Commissioners Office Clerk to the Board P.O. Box 758 Greeley, CO 80632 April 26, 2002 I phoned the other day and spoke to someone in your office regarding a problem with blowing dirt at my residence. This letter is to follow up my phone call. I reside at 14515 CR 7 in Mead, CO. The neighbors to both sides concur with this complaint. Whenever the wind blows, the dirt from the field directly to the west of our property blows. It is very fine and comes in every little crack in the house and vehicles. I have had to shut off the hot tub because the wind is so forceful and the dirt is so fine that whenever the wind blows the tub is filthy. I was told that there is an ordinance regarding this and would appreciate a follow-up. I believe the field is owned by the develonerc of the Eden Reserve Subdivision. Thank you, arver The Darmofals The Wilsons The DeJanes 05/03/2002 10:27 3036849893 LONGMONT USDA PAGE 02 NRCS United States Deparbeent of Ayr cuftu . Natural Resource Coneemsoon Serve Longmont Falk CNlba 303.7764034 CMIx 06u6 Nation Road-Stele D ,A34104-98811-FAX Longmont.CO 80601 Seam,aauder,a/oomisSW Wog and NWA vrjeCowWel �.�^"-".•I.... .. Bruce T Barge, May a,2002 Weld County Attorney 91510"'Shed PO Box 758 Greeley, Colorado 80632 Re;Dust Blowing Complaint—Ebert Farm Mr. Barker, At your request I visited the farm of Mark and Jacquelyn Eberl to follow up on a that blowing complaint received by Weld County government The farm is located in part of Section 21, Township 3 North,Range 68 West south and east of Mead, Colorado Mel-arm is also located within the boundary of the Longmont Soil Conservation District to whom Iprovide technical assistance. Mr. Eberl and I walked the fields, which were tke site of wind erosion damage, and the source ofd blowing that alleged in the complaint to you. My inspection found that Mr. Eberl had followed normal,good land management practices in attempting to convert an annually tilled crop field to permanent irrigated grass pasture 77te land had been tilled last summer, and corrugated to facilitate even irrigation water distribution for the subsequent gnus crop. Some crop residue from the previous corn and sugar bed crops was visible on the soil surface In November,Mr. Eberl contracted for seed and seeding of thef ie d Day inspection showed well-planted seeds in approximately six inch spaced rows across the entire field Mr. Eberl told me the grass had been planted with a seed drill rather than broadcast spread on the surface The intent offall seeding is to allow the seed to lay dormant in the cool soil and sprout and grow utilizing the normal subsequent winter and spring moisture.Mr. Ebert claims to have shares of Highland irrigation rata water adequate for crop or pasture production on this flowage planned on irrigating the new emerging grass this spring. There is apparent loss of about an inch of topsoil off most ofMat Eberl's field Much of this soil deposited along thefinal 200 200feet area on the east side of his farm, when the weediest pan of otherwise generally clean fields exist The thistles along the east side caught much of the blowing soil, although it appears soil was also deposited in the Highland irrigation ditch, and probably neighboring back yards. The neighboring yards had growing green grass in them and significant soil deposits were not visible In my opinion Mr. Eberl followed standar+ri,good management practices in tilling and seeding his grass. Had the windstorm of two weeks ago not oeeune4 his field would be showing nwawos cawwwmn 3.,t wails In w we as nmrwrn►rrapN ;lath"commis rsns nsMlnmwc+e es p*n line. w An Equal Opportunity noa.r and enplarw 05/03/2002 10:27 3036849893 LONGMONT USDA PAGE 03 acellent grass establishment and new growth. Significant soil blowing has occurred, but I feel it is the result of the drought situation we all are presently confronted with. Had we received normal fall winter and spring moisture,there would have been enough natural growth to provide cover and significantly reduce soil blowing f ens usual winter and early spring wends I recommended that Mr. Eberl wail for about Io days and there is significant p►eefpitation in that perio4 he re-evaluate the condition of his new grass seeding Without significant precipitation the new seedling*will not survive due to shock and drought stress My office can assist him with that evaluation if needed If there is no meant precipitation, or the grass does not survive regardless,I recommend Mr. Eberl take steps to control the thistles on the east side of Melons,then re tin and prepare the ground for grass planting this fall"'recommend he plant hay millet in the field to provide cover, irrigate this low water use crop, control weeds in the growing crop,and harvest hay in late August, or early September.Mr.Eberl will then have established a new stubble coax into which he should plant a new grass seeding this fall or nett spring. Should we have a rainy summer and adequate moisture plats I suggest he plant the grass as soon as the millet is harvested and hay removed from eke feud Otherwise I recommend a dormant fan or early spring planting after November 1, as was attempted last year. I understand and support the need for fanners to manage soil erosion and dust blowing I do not know ifthe Weld County Dust Blowing ordinance has provisions for unusual weather situations However, in this case Mr. Ebert used accepted good management practices to establish his gross, but was undermined by a significant reduction in normal precipitation. According to my agencies statistics, the South Matte Basin snow pack as of May I,2002 is approximately 2SX of long-term average. Many local farms are set to receive significantly reduced irrigation water this season.Local non-irrigated agriculture is facing large yield reductions. R?fhout significant precipitation,I aped soil prone to wind erosion will become More common and the number of dust blowing complaints will increase Farmers have choices to plant low water use crops, and to leave fields rough or ridged ff left fallow, or ravailable to spread barnyard manures on the surface to help lp hold the soil The situation is challenging because the more you work the ground, the moredry out he best hope Lifer s1n4$cant precipitation to return. Best Ca : Tim Caney USDA-NRCS District Hello