HomeMy WebLinkAbout880197.tiff RESOLUTION
RE: APPROVE ACTION OF BOARD CONCERNING DUST BLOWING COMPLAINT
AGAINST CHARLES R. SCHMIDT
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, at its meeting of March 14 , 1988 , the Board
considered a dust blowing complaint from Jerrold Brethauer
concerning property operated by Charles R. Schmidt, said property
being located in Sections 25 and 26 , Township 4 North, Range 64
West of the 6th P.M. , Weld County, Colorado,
WHEREAS, the Board, after considering the evidence and
testimony presented concerning this complaint, found that the soil
from said property is not blowing in sufficient quantity to be
injurious to private property.
NOW, THEREFORE, BE IT RESOLVED by the Board of County
Commissioners of Weld County, Colorado, that the dust blowing
complaint against Charles R. Schmidt concerning property
hereinabove described, be, and hereby is, dismissed.
The above and foregoing Resolution was, on motion duly made
and seconded, adopted by the following vote on the 14th day of
March, A.D. , 1988 .
�.� � BOARD OF COUNTY COMMISSIONERS
ATTEST: 1.7192,&,:ieciultQT(mJ WEL COUNTY, COLORADO
Weld County Cerk and Recorder AAPIt
and Clerk to the Board Gene R. Bran ner, Chairman
LaC.W. Kirbydr/ , Pro em
Dfputy County C rk
APPROVED AS TO FORM: Ja que ne •h son
74-1
ounty Attorney
Frank 'amaguchi
(<<. �f�t_, e " 880197
UNITED STATES Soil 4302 W. 9th St . Rd .
DEPARTMENT OF Conservation Greeley , CO 80634
AGRICULTURE Service ( 303 ) 356-6506
March 11 , 1988
Weld Co . Commissioners
c/o Bruce Barker
Assistant County Attourney
P.O. Box 1948
Greeley , CO 80632
SUBJECT: Dust Blowing Complaint-property located in Section 25 & 26 ,
T4N, R64W - Weld County .
Bruce :
On the morning of March 10 - 1988 , I made a field visit to the area near
intersection of Weld county roads 57 and 42 . I did notice that at about
one mile east of road 57 there was an area under a center pivot sprinkler
that seemed to be severely blown and had what appeared to be evidence of
tillage in bands east and west across the field . I presumed this to be an
attempt to perform emergency tillage to sufficiently roughen soil surface
to prevent more blowing . I was not able to locate a roadway that I knew
led to the field , therefore I was not able to get directly next to the
field to assess the degree of damage . ASCS photos indicate the pivot
sprinkler to be located principally in Section 25 with a small amount in
the NE 1 /4 Section 26 , however , the area in section 25 appears to be the
most that is or was blowing . I was unable to get back to the site before
the afternoon snow storm.
The major reason for the soil blowing is the fact there is no surface crop
residues to prevent erosion because dry beans were grown .
My recommendations follow: Perform emergency tillage in accordance with
attached guidelines for soils with WEG 1 or 2 or perform regular seedbed
preparation operations and hope that wind erosion can be abated . Future
recommendations are to only grow high residue crops so that high residue
amounts can be left on the soil surface after harvest through the
principle wind erosion season . High residue crops are corn for grain ,
small grains for grain , forage sorghums 60% grazed or alfalfa grown in
rotation .
880197
Page 2
soil blowing
3/11 /88
This site is predominately Valent sand 3 to 9 % slopes which has a very
high susceptability to wind erosion and should not be planted to low
residue crops unless cover crops can be seeded after harvest and grown
sufficiently to provide adequate surface soil protection ,
Sincerely ,
Ronald D. Miller
District Conservationist
RDM/gg
attachments
880197
- 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
880197
A0 - n
��c y. , .i 9,S"y
EMERGENCY TILLAGE (Code i65)
Greeley Field Office Specifications:
Tillage specifications will be based upon the following soil groupings by
C\
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
least 6" of greater.
Depth will depend on subsurface moisture and should be worked
I 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.
I
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: LISTENS - 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. ,
Tillage shall be performed at right angles to prevailing winds when possible.
In most cases, prevailing erosion winds are from northwest to southeast.
ir
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11 0
M%" s OFFICE OF WELD COUNTY CLERK AND RECORDER
1
4225
WI I D PHONE: (303) 356-4000 EXTXL78
P.O. BOX 758xxxmais
C. GREELEY, COLORADO 80631
COLORADO
March 11 , 1988
Jerrold Brethauer
28885 Weld County Road 46
Kersey, Colorado 80644
RE: RECEIPT OF LETTER CONCERNING DUST BLOWING COMPLAINT
Dear Mr. Brethauer:
The Board of County Commissioners has received your letter
concerning dust blowing from a parcel which is located in Sections
25 and 26 , Township 4 North, Range 64 West of the 6th P.M. , Weld
County, Colorado. An inspection was conducted by Mr. Ron Miller,
U.S.D.A. Soil Conservation Service.
The Board will hear the matter of your complaint at its regularly
scheduled meeting on Monday, March 14 , 1988 , at 9 :00 a.m. The
meeting will be held in the First Floor Meeting Room, Weld County
Centennial Center, 915 Tenth Street, Greeley, Colorado. The
Traveler' s Insurance Company and Chuck Schmidt have been advised
of this meeting, and you also may attend in order to offer any
other comments concerning this complaint. Mr. Miller will be at
the meeting to advise the Board of his observations during the
inspection.
If you have any questions , please contact the County Attorney' s
Office at 356-4000 , ext. 4391 .
Very truly yours,
Mary Ann Feuerstein
Weld County Clerk and Recorder
and Clerk to the Board
Deputy County Cl�rk
880197
OFFICE OF COUNTY ATTORNEY
Kiiti :3/4C;
PHONE(303)3564000 EXT.4391
P.O. BOX 1948
GREELEY, COLORADO 80632
III Iles
COLORADO
March 8 , 1988
Gerald Brethauer
28885 Weld County Road 46
Kersey, CO 80644
RE: Dust Blowing Complaint for Property Located in Sections 25
and 26 , Township 4 North, Range 64 West of the 6th P.M. , Weld
County, Colorado
Dear Mr. Brethauer:
Thank you for calling in a dust blowing complaint on March 7 ,
1988 . Your complaint concerns property located in Sections 25 and
26 , Township 4 North, Range 64 West cf 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.
Ac I mentioned in our telephone conversation, 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.
88019,
Gerald Brethauer
Page 2
March 8 , 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 14 , 1988 , at the
Board' s regularly scheduled meeting. 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,
AA-
Bruce T. Barker
Assistant County Attorney
BTB: ss
880197
pti OFFICE OF COUNTY ATTORNEY
PHONE(303)356-4000 EXT.4391
P.O. BOX 1948
GREELEY, COLORADO 80632
COLORADO
March 8 , 1988
Ron Miller
District Conservationist
SCS Greeley Field Office
4302 W. 9th Street Road
Greeley, CO 80634
RE: Dust Blowing Complaint for Property Located in Sections 25
and 26 , Township 4 North, Range 64 West of the 6th P.M. , Weld
County, Colorado.
Dear Ron:
As per our telephone conversation of March 7 , 1988 , the Board of
County Commissioners has received a dust blowing complaint for
property located in Sections 25 and 26 , Township 4 North, Range 64
West of the 6th P.M. , Weld County, 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 14 , 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,
Bruce T. Barker
Assistant County Attorney
BTB:rm
sS`O19,
t
f
' , \l OFFICE OF WELD COUNTY CLERK AND RECORDED
fefri
422
PHONE: 13031 356-4000 EXT..%nc
P.O. BOX 758 xmtcs»XX04;
WI' p
C. GREELEY COLORADO 8063
COLORADO
March 8 , 1988
Charles R. Schmidt
23700 Weld County Road 58
Greeley, Colorado 80631
RE: Dust Blowing Complaint for Property located in Sections 25
and 26 , Township 4 North, Range 64 West of the 6th P.M. , Weld
County, Colorado
Dear Mr. Schmidt:
The Board of County Commissioners of Weld County, Colorado, has
been informed that dust is blowing from a parcel of land owned 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
on Monday, March 14 , 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 the U.S.D.A. Soil Conservation District. The inspector will be
present at the meeting in order to inform the Board what the
inspection revealed and recommend treatment of the property.
Pursuant to Section 35-72-103 (1) , C.P..S. , the Board of County
Commissioners may order certain treatment of the parcel 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 Cler nd Recorder
XC: Ed Orr, Orr Land Company -7 � "�
801 8th Avenue By: //a/s�� lRJ�f
Greeley, CO 80631 Deputy Co,6nty C k
850197
YJ
\ tOFFICE OF WELD COUNTY CLERK AND RECORDER
4225
PHONE. 1303) 356-4000 EXT. S?6
P.O. BOX 758xxmoxxncxge
C. GREELEY, COLORADO 80631
COLORADO
March 8 , 1988
C. R. Clarel
Travelers Insurance Company
5299 D.T.C. Blvd.
P.O. Box 17480
Denver, Colorado 80217-0480
RE: Dust Blowing Complaint for Property located in Sections 25
and 26 , Township 4 North, Range 64 West of the 6th P.M. , Weld
County, Colorado
Dear Mr. Clarel:
The Board of Ccunty Commissioners of Weld County, Colorado, has
been informed that dust is blowing from a parcel of land owned 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 tc 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
on Monday, March 14 , 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 the U.S.D.A. Soil Conservation District. The inspector will be
present at the meeting in order to inform the Board what the
inspection revealed and recommend treatment of the property.
Pursuant to Section 35-72-103 (1) , C.P.S. , the Board of County
Commissioners may order certain treatment of the parcel 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 e n Feuerstein.
Weld County un Cl r nd Recorder
BY: //:at,i/A Yttif
Deputy County C1
68019"'
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