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Home My WebLink About880219.tiff :e RESOLUTION RE: APPROVE FINDINGS AND ORDER CONCERNING DUST BLOWING COMPLAINT - NORTHERN FRONT RANGE FARMS, C/O BOB EHRLICH 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 35-72-103 (1) , C.R.S. , that dust is blowing from property located in the NE* of Section 11 , Township 6 North, Range 65 West of the 6th P.M. , Weld County, Colorado, 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 March 21 , 1988 , at which time the Board made Findings of Fact pursuant to Section 35-72-103 (1) , and WHEREAS, upon said Findings of Fact, the Board ordered the owners and operators of said property, Northern Front Range Farms, c/o Bob Ehrlich, to treat said property as described in the attached Findings and Order within the time limits as stated therein. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld County, Colorado, that the Chairman of said Board is authorized to sign said Findings and Order and that Northern Front Range Farms , c/o Bob Ehrlich, is ordered to perform the treatment upon the above described parcel as stated in the attached Findings and Order of the Board of County Commissioners of Weld County, Colorado. £X090A CC: ` +.+,eeet " 880219 r\. Page 2 RE: FINDINGS AND ORDER - NORTHERN FRONT RANGE FARMS 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. , 1988 . • f BOARD OF COUNTY COMMISSIONERS ATTEST: ��" " �^-) WEL OUNTY, COLORADO Weld County Clerk and Recorder 6ytp and Clerk to the Board tene R. Bran ner, Chairman / EXCUSED BX �; C.W. Kirby, Pro-Tem eputy County erk EXCUSED DATE OF SIGNING - AYE APPROVED AS TO FORM: Jacquel ne n n G r Cou y Atto ney Frank amaguch 880219 FINDINGS AND ORDER OF THE BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO WHEREAS, the Board of County Commissioners of Weld County, Colorado, has been informed, in accordance with Section 35-72-103(1), C.R.S. , that dust is blowing from the following described parcel of land: the NE}, Section 11, Township 6 North, Range 65 West of the 6th P.M., Weld County, Colorado, and WHEREAS, said parcel is owned and/or operated by Northern Front Range Farms, c/o Bob Ehrlich, 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 March 21, 1988. Northern Front Range Farms and Bob Ehrlich were notified of said hearing by certified mail, sent on March 15, 1988, and received by them on March 16, 1988. The following persons were present at said hearing: C.W. Scott, Soil Conservationist. At said hearing, the Board made the following Findings, pursuant to Section 35-72-103(1) : 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. 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. 880219 -- Page 2 FINDINGS AND ORDER: 511, T6N, R65W IT IS HEREBY ORDERED by the Board of County Commissioners of Weld County, Colorado, pursuant to Section 35-72-103(1), C.R.S., that the owner, occupier, and/or operator listed above complete the emergency tillage listed in the attached "Exhibit A" by March 31, 1988, and complete the long term measures as stated in said "Exhibit A". DATED THIS 21st day of March, 1988. BOARD OF COUNTY COMMISSIONERS ATTEST: tS) WELD COUNTY, COLORADO Weld County C erk and Recorder /�' and Clerk to the Boar By:Se Iy J L41-A.) .JCI(e PLJ n OR K...4°,.)y , rGene R. Brantner, C i n De ty County Cl 880219 EXHIBIT A UNITED STATES Soil 4302 W. 9th St . Rd . DEPARTMENT OF Conservation Greeley , CO 80634 AGRICULTURE Service ( 303 ) 356-6506 March 15 , 1988 regirr `' lint sac,: Board of Weld County Commissioners ' fMAR 1 8 if+N Weld County Colorado ` 1 , P.O. Box 758 wryer. Greeley , CO 80632 Dear Sirs , On March 15 , 1988 I inspected the parcel of land described as NE 1 /4 11 -6-65 on the West side of WCR 47 . The field in question has blown to the extent that the borrow ditch on both sides of WCR 47 had been filled in . There was also soil deposited on the corn field just east of WCR 47 . Emergency tillage was performed , however continued winds eventually wore down the ridges and is presently in a smooth condition . The primary reason for soil blowing is due to the fact that there is no crop residues on the soil surface . My recommendations follow: • Short term of immediate control : Perform emergency tillage in accordance with attached guidelines for soils with WEG 2 . • Long term control : If high residue crops are grown , maintain residues over winter . If low residue crops are grown provide a cover crop or manure following harvest . Sincerely , Carroll W. Scott Soil Conservationist CWS/gg attachments 880219 e e (-1-1 ;l � l� � v< � , � r I. x 1� � rt A. � � l3 ,(A a . ..ii a3 _) 1 1 ; 1 • ' 1n�r /.}J, t r /941 444.-:‘,..P .t !r 1 4. ( �. �, v V n e C (f 11,,,•:9.1. P� 44. �r V!` .� f r Y 3'k 1�1f: ;.1.-:.,:p SSY t ,` }� �. )L;� ,a 4 ,,,^'a+ , k .y I� �la1e,r '�. `! x' " ` IV,* 7 Ai h��,l Ig T' 7.,:‘,..-, ,....„::::::"..:. i.:::".....„ pw- '�I 1 1 �" -k p 'dr��' I�1 Ml '"' 3 �� ,fi 'W� 3.. X.xtl RAYi i.! M 1 I . { 66 ��J�� ,mac I i - �,_- �\ 1 del i s '/ _ \. w. ' { xyyy ur ""` L La'sf' fnG. yY .. I i1 *,C�' r A+' -...[477 ,may 1y.� t At,• ,_1 • i�}7� N,4 y „u14,..),• Iw ♦r /. /.!/ -w, a ¢; •41,:,:- r, v .-..... F' t ja _ r n r �+ " I }Ill-.r y � w 1 l f , t i w NT^ ,'?...) , . . 880219 F e 'r47 � 51 .. 51 , ' 1 t 58 47 47 ' P1/4,?,.*-, may. , @ g r,hy 4 S` " 37 38 ,.„-m—,,,,,, ,„.:.1 '' s K t f ,, S' ta5,174 , @ - • . '. ~ to :;.. , . vt L? 3 � .$ a 5 47 5t t Via` 4 5 b ₹ 31 ;< ` t , 37' V ,.A,' kf. 8' e 4. Ilk 38 gv , i t'" i r .). • h , i K : t ad "`i ;, 52 a 4t[1 G c lk,„. .. ,,,Pi .4,-, ff x� i f£' )TY { a � 51 ' ,`s d �fiks i et > r 11 r = y f„ zy �. x 9 •-:.:%:„ :, '" 4.: �." ` �p Fs • `, " ` fit':.• ''' �� w __— . . .. . .. ... _,:....._ '1 2240 000 FEET 7'30" les 10,000-foot grid ticks based on state'his map is compiled c coordinate system. Land division hotography by the U. corners, if shown, are approximately f Agriculture, Soil Cor positioned. nrl rnnnoratina aannr 880219 ST! f.,1?"1' NO. 3 OF EMERGENCY TILLAGE (Code 365) Greeley Field Office Specifications: Tillage specifications will be based upon the following soil groupings by Wind Erodibility Grouping (WEG). WEG 1 & 2: Very fine, fine and medium sands to loamy very fine and fine sands Implements: Chiseling for emergency tillage is not recommended. LISTERS should be used exclusively for this soil grouping. 8"-14" lister bottoms should be used Optimum spacing will be 24"-48" respectively, to depths of at l least 6" of greater. Depth will depend on subsurface moisture and should be worked to a depth adequate to produce clods and a 6"effective ridge height after tillage. Tillage shall be performed at right angles to prevailing winds when possible. In most cases, prevailing erosion winds are from the northwest traveling to southeast. All tillage operations should be performed at speeds of 2 to 4 miles per hour. Speeds above this range will induce soil pulverization. WEG 3: Fine, medium and course sandy loams Implements: LISTERS - 8-14" lister bottoms with 24-48" spacing 6-8" tillage depth or at depth which,will produce a 6" effective ridge tillage speed: 2-4 m.p.h. CHISEL PLOW:_ plow with 2-4" twisted points with 24-30" spacing 8-10" tillage depth or deep enough to produce clods tillage speed: 2-4 m.p.h. WIDESPACE CULTIVATOR or HEAVY DUTY CULTIVATOR - 6-8" V-shaped sweeps with 24-42" spacing 4-6" tillage depth or to depth needed to produce clods tillage speed: 2-4 m.p.h. iI Tillage shall be performed at right angles to prevailing winds when possible. In most cases, prevailing erosion winds are from northwest to southeast. 889219 UNITED STATES DEPARTMENT OF AGRICULTURE Technical Guide Soil Conservation Service Section IV Colorado All Field Offices May 1983 STANDARDS AND SPECIFICATION EMERGENCY TILLAGE (Acre) 365 Standard • Definition Roughening the soil surface by such • 3. Chiseling will be done to a methods as listing, ridging, duck- minimum depth of four inches. footing, or chiseling. (This practice Listing must leave a ridge at is considered an emergency least six inches above the conservation measure and does not furrow bottom. provide long-term benefits.) 4. Discs, which further pulverize Purpose the soil, will not be used. To temporarily protect cultivated land 5. Field Office specifications against soil loss primarily due to will also list: wind during critical erosion periods. a. Spacing for various tools Where applicable for soil groupings. On cropland that is in immediate b. Any additional requirements danger of being eroded by wind because for a satisfactory of insufficient residues, cloddiness, application of the or roughness; or where other practices practice. fail to control erosion. Specifications 1. This practice must be applied before wind erosion begins or immediately after the first movement of soil is observed. • 2. Surface soils coarser than sandy loam will be worked with a lister type implement. Heavier soils will be worked with•listers or chisels. TGN #207 880219 OFFICE OF WELD COUNTY CLERK AND RECORDEF WI I D C PHONE: (303) 356-4000 EXTta.k. P.O. BOX 758 ®x�1 OMarch 15, 1988 GREELEY, COLORADO 80631 COLORADO RE: Dust blowing complaint for property located in NE} , of Section 11 , Township 6 North, Range 65 West of the 6th P.M. , Weld County, Colorado Bob Ehrlich c/o Ehrlich Feed Lot, Inc. 1301 Broad Milliken, Colorado 80543 Dear Mr. Ehrlich: The Board of County Commissioners of Weld County, Colorado, has been informed that dust is blowing from a parcel of land owned or operated by you, as hereinabove described. According to the information received, the soil is moving from said parcel and is causing damage to surrounding properties. Pursuant to Section 35-72-102 (b) , C.R.S. , it is the duty of the owner or occupier of any land in the State of Colorado to prevent soil blowing from such land. The Board will hear the matter at its regularly scheduled meeting of Monday, March 21 , 1988 , 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. The Board requested an inspection of the above-described property by Mr. Ron Miller of the U.S.D.A Soil Conservation Service. Mr. Miller or one of his assistants will be present at the meeting in order to inform the Board what his inspection revealed and recommend treatment of the property. Pursuant to Section 35-72-103 (1) , C.R.S. , the Board of County Commissioners may order certain treatment of the parcel so as to reduce or abate the dust blowing therefrom. If you have any questions concerning this matter, please contact the County Attorney' s Office, 356-4000 , ext. 4391 . Very truly yours, Mary Ann Feuerstein Weld County Clerk and Recorder Dep ty County Cle k 880219 bap at OFFICE OF WELD COUNTY CLERK AND RECORDER 11011 4225 PHONE: (303) 356 DI*4000 EXTJ P.O. BOX 758c4e6 March 15, 1988 GREELEY, COLORADO 80631 COLORADO RE: Dust blowing complaint for property located in NEI , of Section 11, Township 6 North, Range 65 West of the 6th P.M. , Weld County, Colorado Northern Front Range Farms P.O. Box 60 Milliken, Colorado 80543 Dear Sirs: The Board of County Commissioners of Weld County, Colorado, has been informed that dust is blowing from a parcel of land owned or operated by you, as hereinabove described. According to the information received, the soil is moving from said parcel and is causing damage to surrounding properties. Pursuant to Section 35-72-102 (b) , C.R.S. , it is the duty of the owner or occupier of any land in the State of Colorado to prevent soil blowing from such land. The Board will hear the matter at its regularly scheduled meeting of Monday, March 21, 1988 , 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. The Board requested an inspection of the above-described property by Mr. Ron Miller of the U.S .D.A Soil Conservation Service. Mr. Miller or one of his assistants will be present at the meeting in order to inform the Board what his inspection revealed and recommend treatment of the property. Pursuant to Section 35-72-103 (1) , C.R.S. , the Board of County Commissioners may order certain treatment of the parcel so as to reduce or abate the dust blowing therefrom. If you have any questions concerning this matter, please contact the County Attorney' s Office, 356-4000 , ext. 4391 . Very truly yours, Mary Ann Feuerstein Weld County Clerk and Recorder • ad Depu y County C e k 880219 OFFICE OF COUNTY ATTORNEY 4*) • ‘H.-- PHONE(303)356-4000 EXT.4391 P.O. BOX 1948 GREELEY,COLORADO 80632 COLORADO March 11 , 1988 Ron Miller District Conservationist SCS Greeley Field Office 4302 West Ninth Street Road Greeley, CO 80634 RE: Dust Blowing Complaint for Property Located in NE} , Section 11 , Township 6 North, Range 65 West of the 6th P.M. , Weld County, Colorado. Dear Ron: As per our telephone conversation of March 11 , 1988 , the Board of County Commissioners has received a dust blowing complaint for property located in NE} of Section 11, Township 6 North, Range 66 West of the 6th P.M. , Weld County, Colorado. It is my understanding that the property is currently owned by Northern Front Range Farms , c/o Bob Ehrlich of Milliken, Colorado. It is my understanding that you or someone from your office will inspect the property and report back to the Board. Your report will include what the inspection revealed and will recommend remedial action to be performed by the owner and/or occupier. Please note that the hearing concerning the dust blowing complaint before the County Commissioners has been set for March 21 , 1988 . Therefore, I would like to receive this report as soon as possible so that I may confirm the complaint and have the information ready for the Board' s hearing. If you should have any questions or comments concerning this letter, please feel free to call me at 356-4000 , extension 4391 . Very truly yours,' I_�7-G.�.-c�_ 'Brce T. Barker Assistant County Attorney BTB:ss 880219 DATE: _..94A d TIME : /- 3p( DUST COMPLAINTS Name, Address , and ' e' ephone Number of Complainant: , �ea t. 7/�.22 d-cyt- / i `�/ /927. t� . 99.a ems j _ 3S, - .7,QS(p Description of Property From W'}ich, Dust is Blowing: //C 6:4(24-714A-; //L'�ILo S C . � i. tQs- m` g 5/7/70?. (� �� Description of Damage to Public or Private Property: & O c-it ,o �- ajt � 6� 'i,err� .i ' r�crnia n 6 Name, Address , and Telephone Number of Owner or Operator of Property: s ue,Property: _ `�,�,.-vim &to . ,-Y Other Information• /---- DO C2 it 't c.e_e_ _ O t-' 77,40. ra---7_,i Follow-up: ASK THE COMPLAINANT TO PUT THIS INFORMATION IN WRITING AND SEND THE SAME TO: CLERK TO THE BOARD, P. O. BOX 758 , GREELEY, CO 80632 . 880219 7 tt4,4 OFFICE OF COUNTY ATTORNEY PHONE(303)356.4000 EXT.4391 P.O. BOX 1948 GREELEY,COLORADO 80632 COLORADO March 11 , 1988 Leslie Peterson 19882 Highway 392 Greeley, CO 80631 RE: Dust Blowing Complaint for Property Located in the Northeast Quarter of Section 11 , Township 6 North, Range 65 West of the 6th P.M. , Weld County, Colorado Dear Ms. Peterson: Thank you for calling in a dust blowing complaint on March 8 , 1988 . Your complaint concerns property located in the Northeast Quarter of Section 11, Township 6 North, Range 65 West of the 6th P.M. , Weld County, Colorado. According to your complaint, dust has been blowing from the parcel and has caused damage as a result. I respectfully request that you provide the Board of County Commissioners with a note or letter describing the following: 1 . Your name, address, and phone number. 2 . The extent of the dust blowing and the legal description or other description of the location of the parcel from which the dust is blowing. 3 . The name of the owner of the parcel. 4 . The damage to public or personal property caused by such dust blowing. I know that the above listed information seems superfluous, but the Board must have this information in written form from the complainant in order for the complaint to proceed. Please send the note or letter to: Clerk to the Board of County Commissioners of Weld County, P. O. Box 758 , Greeley, Colorado 80632 . It is important that the Clerk to the Board receive this letter or note as soon as possible. 880219 rTh Leslie Peterson Page 2 March 11 , 1988 Based upon the information supplied in your telephone call, the Board of County Commissioners has asked for an inspection of the subject parcel. The inspection will determine the extent and effect of the dust blowing. The Board of County Commissioners will hear the matter of the dust complaint after it has received your note or letter. The hearing is tentatively scheduled for Monday, March 21 , 1988 , at the Board's regularly scheduled meeting at 9 :00 a.m. The Board meeting will take place in the First Floor Meeting Room, Weld County Centennial Center Complex, 915 Tenth Street, Greeley, Colorado. The Clerk to the Board' s Office will be sure to confirm the date of that hearing with you so that you may be in attendance to testify as to the extent and effect of the dust blowing. If you should have any questions or comments concerning this letter, please feel free to call me at 356-4000 , extension 4391 . Very truly yours, Bruce T. Barker Assistant County Attorney BTB:ss 880219 March 16, 1988 Clerk to the Board of County Commissioners 0 EhT t of Weld County *w P.O. Box 758 MAR V81988 Greeley, Co 80632 Dear Board of County Commissioners, lierammF.tarid My name is Leslie Peterson. I live at 19882 Highway 392 and my phone number is 352-2286. This letter is concerning a dust blowing complaint that. I have against the North Front Range Farms, NE4, Section 11 , Township 6N, Range 65 west of the 6th P.M. Weld, County, Colorado . This farm is directly west of a farm that I own. The blowing dirt has caused drifts on the county road and has also caused the gutters to fill on both sides of the county road. It has covered up some of the wheat at the bottom of my farm. It has also started my farm to start moving dirt. My biggest concern is that if it is not stopped that my crops will be damaged when they are planted and begin to emerge . I do realize that many fields in the area that have not blown all winter did move last weekend because of the weather . However , this land has blown off and on for the last two months. I have talked to Paul Wagner who is affiliated with the North Front Range Farms. He has promised to take care of the matter in a few days . Therefore , I would like to table this matter for a short time to give him time to try to correct the matter . If you have any questions , please call me . Thank you, Leslie Peterson 880219 Hello