HomeMy WebLinkAbout860441.tiff RESOLUTION
RE: DETERMINATION OF BOARD CONCERNING DUST BLOWING COMPLAINT
AGAINST DAN OSTER FOR PARCEL OF LAND LOCATED IN SEA OF
SECTION 3 , TOWNSHIP 4 NORTH, RANGE 64 WEST
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, on April 22 , 1986, the Board received a dust blowing
complaint from Margaret Roskop, pursuant to Section 35-72-103 (1) ,
CRS, concerning property located in the SEa of Section 3 , Township
4 North, Range 64 West of the 6th P.M. Weld County, Colorado,
owned by Dan Oster, and
WHEREAS, at the Board meeting of May 5, 1986 , the Board after
considering said complaint, and the testimony offered by Ron
Miller, of the Soil Conservation District, finds as follows:
1. That the soil is blowing from the parcel, but not in
sufficient quantity to be injurious to private or public
property.
2. That no emergency exists.
3. That the dust blowing cannot be prevented or lessened by
treatment of the soil at this time.
4. That there does appear to be some damage resulting from
the dust blowing.
WHEREAS, due to the above stated findings, the Board
determines that no action on this dust blowing complaint shall be
taken at this time.
NOW, THEREFORE, BE IT RESOLVED by the Board of County
Commissioners of Weld County, Colorado, that pursuant to the
findings stated herein, it is determined that no action of the
Board, concerning the dust blowing complaint against Dan Oster on
the hereinabove described parcel of land, is required at this
time.
O R O /Oi A 0 W - sep 860441
f'h em
Page 2
RE: DUST BLOWING COMPLAINT - OSTER
The above and foregoing Resolution was, on motion duly made
and seconded, adopted by the following vote on the 5th day of May,
A.D. , 1986.
‘11/11BOARD OF COUNTY COMMISSIONERS
ATTEST: WELD COUNTY, COLORADO
Weld County Clerk and Recorder EXCUSED
and Clerk to the Board Jacquelin- ,• • pon . Chairman
y ,,of Gor•t� xLacy,, em
e ut Count lerk
�P Y Y
EXCUSED
APPROVED AS TO FORM: Gene R. BB/rantner
CiCrO C.W. ir �/� i
County Att ney A ��,�
F ank Ya�guchj
860441
UNITED STATES Soil 4302 West 9th St . Rd .
DEPARTMENT OF Conservation Greeley , Colorado 80634
AGRICULTURE Service
May 5 , 1986
MA( ,;KU
Board of Weld County Commissioners
Weld County , Colorado
P .O. Box 758
Greeley , CO 80632
Board Members :
On April 23 , 1986 , I inspected the land involved in a complaint made by
Margaret Roskop against property owned by Dan Oster in the SE 1 /4 of
Section 3 , T4N, R64W.
There was evidence of wind erosion from that field by presence of wind
blown material in parameter fence and north road ditch along Weld County
Road 48 . There was also blown soil material in the south road ditch along
the northern property boundary of Pete and Margaret Roskop . The field is
under a quarter section pivot sprinkler and had been planted to oats and
alfalfa . It appeared that over 2/3 of the field had blown and that the
crop is lost or was severly damaged . At date of inspection , no land
treatment measures had been taken to obate the problem. However , since
April 23rd , the landowner , Dan Oster , has reworked and replanted the field
to oats and alfalfa .
The field is predominately made up of Olney fine sandy loam and Otero
sandy loam. Both soils are prone to wind erosion as they have very low
aggregate stability and will not produce large clods or stable clods . The
best preventative measures are maintaining high surface residue quantities
for soil protection .
At this time , it appears that the measures have been taken to correct the
situation , that of establishing a good vegetative soil cover .
Sinc x ly ,
- . s� %: ' 2
Ronald 0 . Miller
District Conservationist
USDA-SCS
Greeley Field Office
860441
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860441
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OFFICE OF COUNTY ATTORNEY
PHONE(303)358.4000 4391
BOX P.O.BOX 7948
GREELEY,COLORADO 80632
COLORADO April 28 , 1986
Margaret Roskop
27666 Weld County Road 48
Kersey, CO 80644
RE: Receipt of your Letter Concerning Dust Blowing from a Parcel
in Township 4 North, Range 64 West of the 6th P.M. , Weld
County, Colorado
Dear Ms. Roskop:
The Board of County Commissioners of Weld County, Colorado, has
received your letter concerning dust blowing from a parcel in
Township 4 North, Range 64 West of the 6th P.M. , Weld County,
Colorado. Mr. Ron Miller, of the U. S. Department of Agriculture,
Soil Conservation Service, has informed the Board that the parcel
is owned and/or farmed by Mr. Dan Oster and is described as the
Southeast Quarter, Section 3 , Township 4 North, Range 64 West of
the 6th P.M. , Weld County, Colorado.
The Board will hear the matter of your complaint at it regularly
scheduled Board meeting on Monday, May 5 , 1986 , at 9: 00 a.m. The
meeting will be held in the First Floor Meeting Room, Weld County
Centennial Center Complex, 915 Tenth Street, Greeley, Colorado.
Your complaint has been forwarded to Mr. Ron Miller. He has been
asked by the Board to inspect the property and to attend the May
5 , 1986, meeting in order to tell the Board what he has observed.
A letter will be sent to Mr. Oster to notify him that the Board
will hear the dust blowing complaint on May 5. You may also
attend the meeting in order to state any other comments which you
may have to the Board concerning your complaint.
If you should have any questions' concerning this letter or
concerning the May 5 , 1986 , meeting, please feel free to call me
at 356-4000 , extension 4391.
riZe_ry truly yours .
\ /tee-Lc-4 ;
Bruce T. Barker
Assistant County Attorney
BTB: ss 860441
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OFFICE OF COUNTY ATTORNEY
PHONE(303)356-4000 EXT.4391
P.O BOX P.O.BOX 1948
GREELEY,COLORADO 80932
COLORADO
April 29, 1986
Dan Oster
21217 Weld County Road 42
La Salle, CO 80645
RE: Dust Blowing Complaint Submitted to the Board of County
Commissioners of Weld County, Colorado, by Ms. Margaret
Roskop Concerning a Parcel Described as the Southeast
Quarter, Section 3 , Township 4 North, Range 64 West of the
6th P.M. , Weld County, Colorado
Dear Mr. Oster:
The Board of County Commissioners of Weld County, Colorado, has
received a dust blowing complaint from Ms. Margaret Roskop
concerning a parcel farmed by you in the Southeast Quarter of
Section 3 , Township 4 North, Range 64 West of the 6th P.M. , Weld
County, Colorado. The complaint alleges that the soil is moving
from that parcel and is causing damage to the Roskops ' property.
The Board of County Commissioners will hear the matter at its
regularly scheduled Board meeting on Monday, May 5 , 1986 , 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 concerning the complaint.
The Board of County Commissioners has asked Mr. Ron Miller, U. S.
Department of Agriculture, Soil Conservation Service, to inspect
the property. Mr. Miller will be present at the May 5, 1986,
meeting in order to tell the Board what he has observed in the
course of his inspection and to inform the Board what his
recommendation would be for a reduction or abatement of the dust
blowing.
86 0il:4
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If you should have any questions concerning this letter or
concerning the hearing which will be held on may 5 , 1986 , please
feel free to call me at 356-4000, extension 4391.
Very truly yours,,------_-,
Bruce T. Barker
Assistant County Attorney
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