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Home My WebLink About940927.tiff RESOLUTION RE: ACTION OF BOARD CONCERNING DUST BLOWING COMPLAINT ON PROPERTY OWNED BY DAN OSTER - SE* S3, T4N, R64W 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) , CRS, that dust is blowing from property located in the SE* of Section 3, Township 4 North, Range 64 West of the 6th P.M. , Weld County, Colorado, said property being owned by Dan Oster, 21217 Weld County Road 42, LaSalle, Colorado 80645, and WHEREAS, an inspection was made on said property by the United States Department of Agriculture, Soil Conservation Service, and WHEREAS, pursuant to the information and the inspection referred to above, a hearing before the Board was held on September 26, 1994, and WHEREAS, Dan. Oster, landowner, was not present at said hearing, and WHEREAS, at said hearing, the County Attorney informed the Board that the owner and/or operator of said property, Dan Oster, is doing everything possible to minimize dust blowing from said property, and WHEREAS, the Board deemed it advisable to dismiss said dust blowing complaint against Dan Oster. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld County, Colorado, that the Dust Blowing Complaint concerning property located in the SE; of Section 3, Township 4 North, Range 64 West of the 6th P.M. , Weld County, Colorado, and owned by Dan Oster, be, and hereby is, dismissed. The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 26th day of September, A.D. , 1994. BOARD OF COUNTY COMMISSIONERS ATTEST: Ad WELD COUNTYCOLO/RnADO air ;� Weld County Clerk to the Board [9 \`I }l� )t/tifQ�f.C O W. H. ebster, C airman • BY: n 1, inp a#7,_,/ Da l Deputy Clerk to the Board Da=e1CK.Hall, P - em APP AS TO FORM: /r�j /Georg E. Baxter County Attorney nstannce L. Harbert J. i4 bill/X_ a ara J. Kirkme er 940927 e EX; e, /2- mEmoRAnDum Willie To Board of County Commissioners September 23, 1994 COLORADO From Bruce T. Barker, County Attorney Dust Blowing Complaint Regarding Property Owned by Subject pan nctPr On Wednesday, September 2, 1994 , Dan Oster stopped by my office to discuss the dust blowing complaint lodged against him by Margaret Roskop. I informed him of my discussions with Donna Allart, Range Conservationist, Brighton Field Office of the Soil Conservation Service. According to Ms . Allart, Mr. Oster is doing everything he can to minimize dust blowing from the property. Her recommendation is for Mr. Oster to continue with his current plans and not to take any different measures at the present time. Upon hearing the information related to me by Ms . Allart, Mr. Oster told me that he does not plan to attend the Board' s meeting on Monday, September 26, 1994 . He apparently has other prior commit- ments to which he must attend. Mr. Oster does plan to provide the Board with a letter which details his plans for farming the property. As of this date, I have received Ms . Allart ' s letter. I recommend that the Board dismiss the dust blowing complaint. BTB/gb:brdoster 94o927 114 - a OFFICE OF COUNTY ATTORNEY PHONE(303)3564000 4391 BOX P.O. BOX 194E GREELEY,COLORADO 80632 C. COLORADO September 15, 1994 Brighton Field Office USDA Service Center 60 S. 27th Avenue Brighton, CO 80601 ATTN: Donna RE : Bust Blowing Complaint for Property Located in the Southeast Quarter, Section 3, Township 4 North, Range 64 West of the 6th P.M. , Weld County, Colorado Dear Donna This letter is in reference to a letter the Board of County Commissioners has received regarding a dust blowing complaint for property located in the Southeast Quarter of Section 3, Township 4 North, Range 64 West of the 6th P.M. , Weld County, Colorado. Mike Shay of the West Greeley Soil Conservation District indicated 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 com•laint befo 4. µ,, County Commissioners has been set fo £ ' k` at 9 : 00 a.m. Therefore, I would like o receive this report by Friday, September 23 , 1994 so that I may confirm the complaint and have the information ready for the Board' s meeting. If you should have any questions or comments concerning this letter, please feel free to call me at 356-4000, Extension 4390 . Very truly you -s, Rzuce Bdrker -- Weld County Attorney BTB/db 940927 6 ili Jj OFFICE OF COUNTY ATTORNEY PHONE(303)3564000 4391 BOX P.O. BOX 1948 . lk GREELEY, COLORADO 80632 WI COLORADO September 14, 1994 CERTIFIED MAIL Dan Oster 21217 WCR 42 LaSalle, CO 80645 RE : Dust Blowing Complaint for Property Located in 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 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, September 26 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 and 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.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 this office at 356-4000, Extension 4391 .V: truly yodrs , 7 B ce Baker 1 eld County Attorney — BTB/db:Oster 940927 lilt OFFICE OF COUNTY ATTORNEY *eit" 4 I4Dr... PHONE(303)356-4000 EXT. 4391 P.O. BOX 194E G REELEY, COLORADO 8063£ WIDc COLORADO September 15 , 1994 Margaret Roskop 27666 WCR 48 Kersey, CO 80644 RE: Dust Blowing Complaint Dear Ms . Roskop: Thank you for your telephone call regarding the dust blowing problem. The Board of County Commissioners has directed us to request that all dust blowing complaints be in writing. Once we receive your written complaint, we will contact the Brighton Field Office and request that they inspect the area. A hearing before the Board of County Commissioners will be scheduled on Monday, September 26 , 1994 . We will notify you of the specific time so that you may testify if you wish to do so. We appreciate your cooperation in this matter. ye- ruly yours, 7/ (... � BBruceT Barker ,Weld County Attorney BTB/db:Roskop 940927 PARC TP: R PARCEL INQUIRY A. 4T YR: 1994 ATIIN022 PIN: 4258486 PARC: 105303000031 LAST UPDATE : 09/17/1990 OSTER DAN J ACTIVE ON: 09/16/1986 INACTIVE ON: / / MAP#: 21217 WELD CO RD 42 LA SALLE CO 80645 TAX AREA 0738 . 076662 1993 DATE LAST ASSESS 04/22/1994 LAST ASSESS LAND 11940 LAST ASSESS BLDGS 0 4117 136 . 60 11850 TOTAL LAST ASSESS 11940 4147 15 .00 90 PRIOR YEAR ASSESS 11940 TOT LAND 11940 REC DT 09/22/1989 DEED TP QCD NUMBER 1244 02192628 WOL N DOC FEE 0 . 00 8818-A SE4 3 4 64 EXC BEG S4 COR OF SEC THENCE TOT BLDGS 0 E673 .68 ' N11D43 'W N86D30 'W 25 . 38 ' N58D14 'W TOTAL VALUE 11940 PF3 : PROFILE PF5 :LEGALS PF7 :NEXT PARCEL PF11 :MENU PF4 : OWNERS PF6 :DOC HIST PF10 :PLOC PF12 :REAL MESSAGE : 940927 DATE: 9#1 ft/ TIME: /2 S DUST COMPLAINTS (1/41 Name Address , and el,phone Number of Complainant: Mani t* tbS p 641 Wed°. re- se eon x / - 51/1 Description of Pjoperty F om Which Dust is Blowing: N or fA a1- �1¢r f� 1 /DC, 4/;.?-÷ 6-7 Description of Damage to Public oPrivate 411--r roper y: kt ' /h S Name , Address , and Telephone Number of Owner or Operator of Property: if))4A..) osTF Locke ((l5-Sci (Date 57 • Other Information: %), //t co) lee.st9, it +' atikt Follow-up: --irl,IY/ ( 3 B"7 k// 07t-4-/ ltcH I { has r 7L (eased OGlT 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 . 940927 22/09 '94 09:01 303 6591768 Adams Cntg ASCS -->1038713033520242 Pg. 01 ' :.!.r COL::TY UNITED STATES Soil 60 S . 27th Avenue DEPARTMENT OP Conservation Brighton, rC) 80601 r AGRICULTURE Service Phone: 659-7004 I e 2 , September 20, 1994 - ,{1 -'- l'. Mr. Bruce T. Barker Weld County Attorney Office of County Attorney P.O. Box 1948 Greeley, Co. 80632 RE: visit report and recommendation on a dust blowing complaint for property located in the southeast Quarter, Section 3, Township 4 North, Range 64 West of the 6th P.M. , Weld County, Colorado Dear Mr. Barker; Most of the soils under the pivot in question include Olney fine sandy loam, Otero sandy loam, and Thedalund loam; all of which are potentially highly erosive if vegetation is removed and no protective barriers and or cover crops are in place. I visited Mr. Dan J. Oster, owner and operator of the above mentioned site, at the named location on 9-20-94. According to Mr. Oster, potato harvest was approximately two weeks ago, and the ground has been left with little cover since then. A seedbed is presently being made for the future winter wheat and alfalfa crops. This process includes chiseling, which is leveling the soil surface, forming clods and breaking up the crust that has formed from a previous rain. He did start operating his sprinkler system this morning, and within 72 hours the entire area will be watered down. Both the chiseling operation and the use of the sprinkler system has reduced the potential for wind erosion. Furthermore, he will begin planting the winter wheat crop at the end of this week, and he intends to seed alfalfa into the wheat next April or into the wheat stubble in July; depending on weather conditions. The recommended action to be taken to solve this problem is to restore vegetative cover. Mr.. Oster is currently in the process of doing that by preparing a seedbed to plant his winter wheat crop. Additionally, Mr. Oster is presently in compliance with the terms and conditions of his signed and approved Conservation Compliance Plan, that was written to help him reduce wind and water erosion at this site. Please see the enclosed Record of Decisions and Application form that describes Mr. Oster' s Conservation Compliance Plan. SEP 22 ' 94 8: 57 303 6591768 PRGE . 001 940927 27./09 '94 09:03 303 6591768 Adams Cntg ASCS -->1038713033520242 Pg. 02 I have also enclosed an Estimate of Soil Loss from Wind and Water Erosion worksheet for this site. Please note the highlighted area/ the total tons of soil lost per acre per year from wind and water erosion equals 3 .1 tons. This is well within our conservation limits, which allow for a total loss of 5 tons to the acre per year from wind and water erosion. Given the above situation, we feel that Mr. Oster is doing every thing that he possibly can at this point in time to restore a vegetative cover and control the wind erosion at this site. We have no further recommendations on remedial actions that should be taken. Please feel free to call if you have questions. Thank-you. Sincerely, anJailimd- 64- Oc- Donna Sue Allart Range Conservationist SEP 22 ' 94 8: 57 303 6591768 PAGE . 002 940927 22/09 '94 09:03 303 6591768 Adams Cntg ASCS -->1038713033520242 Pg. 03 a Pagel of 2 U.S. Department of Agriculture September 2Q 1996 Soil Conservation Service Oster Dan J. Assisted By DS Allart Field Planned Applied Mo. Amount Date Amount I Date Narrative Record 1 Tract Au her 5049 Conservation System ID- 51A irriaatAd Cropland Basic Conservation System TUG 5 Alt. I See CO-CPA-2 for before and after erosion rates. This system consists of predominantly alfalfa rotation with One year of annual crop for re-establishment. The annual crop prior to alfalfa will be a low residue crop. Alfalfa will be established with a nurse crop. IA NEL* 16.3 Ac. Dec 94 328 - CONSERVATION CROPPING SEQUENCE 18 HELa 123.3 Ac. Dec 94 An adapted sequence of crops will be grown to provide organic residue to aaintain 1C NEL* 6.5 Ac. Dec 94 ar improve soil tilth, reduce soil erosion, and improve water quality. Cropping sequence will consist of predominately alfalfa. One annual low residue crop will be raised for re-establishment of alfalfa. 1A HEE* 16.3 Ac. , Dec 94 344 - CROP RESIDUE USE 16 NEL* 123.3 Ac. Dec 94 Crop residues are used to protect cultivated fields during the critical wind IC NEL* 6.5 Ac. Dec 94 erosion period, Nov. 1st through May 1st to conserve moisture, increase soil infiltration, reduce soil lass and improve soil tilth. Crop residues will be left on the soil surface or left standing overwinter. Seedbed preparation will be in the spring starting no earlier than March 1, except for spring grains, potatoes or onions which may be planted earlier if the crop is planted within two weeks after tillage is started. IA NEL* 16.3 Ae. Dec 94 700A - OPERATION AND MAINTENANCE 18 NEL* 123.3 Ac, Dec 94 All planned conservation compliance practices in this plan are scheduled to be IC NEL* 6.5 Ac. Dec 94 applied on the planned dates. After application of the practices, they will be maintained yearly. Changes in the required conservation compliance practices or date of application will require revision of this plan. All conservation compliance practices must be applied prior to January 1, 1995. ^t The application and maintenance of this conservation practice is required for compliance with the Food Security Act of 1985, as amended in 1990. SEP 22 ' 94 8: 58 303 6591768 PAGE . 21C13 940927 22/09 '94 09:04 303 6591768 Adams Cnty RSCS -->1038713033520242 Pg. 04 Page 2 of 2 U.S.enepartent of Agriculture September20, 1994 Soil Conservation Service Oster Dan J. RECORD OF DECISIONS AND APPLICATION Assisted By DS ALLART Certification of compliance with the Food Security Act, 1985 • I (Ne) eeeeur in the oon ervation practices and installation schedules indicated in this conservation elan fgr nil fields • labeled NEL*. I (We) understand that, when the conservation plan for HEIa fields is applied to the land and saintained of a continuing basis, the conservation system will meet all of the Food Security Act of 1985 requirementss for)or coapliance. understand that if any fields other than those HEIt Fields specified in the plan will be used for the production of agricultural eeusdities, I (we) will contact the AECE and SCE for in NIL determination. I (Ne) rnnrnr in thn Annservatinn practices and installation schedules indicated in this conservation plan for all fields labeled MEL. i (We) understand that, when this conservation system for NEL fields is applied to the land and maintained on a continuing basis, the conservation system will meet all of the conservation compliance requirements of the Food Security Act of 1985, as amended by the Food, Agriculture, Conservation and Trade Act of 1990. Furthermore, I (we) understand that if any non-cropland fields will be used for the prod ion of agricultural commodities, I (we) will contact ASCS and SCS for an NEL determination. Date CONE '(producer) /7019 - Date The above Conservati Flan meetsthe requirements of the aid Office Technical Guide, DI D1STR T CONSERVATIONIST kJ Date 1 "Dproved by CO 72$ DI57 CT Y�//��r(; SEP 22 ' 94 8: 59 303 6591768 PAGE . 004 940927 22/09 '94 09:04 303 6591768 Adams Cntu ASCS -->10387t3033520242 Pg. 05 BRIGHTON CO-CPA-2 U.S Departeent of Agriculture ON/C3 Soil Conservation Serice7, (1/0-12 ll) Mflattlfrltt 'firY9ffi'1 '''r TRACT NUMBER: 5049 ASCS COUNTY p➢ICE:pELD DATE 09/20/94 TECHNICIAN: OSA Legal Description: Sec: 3 Imp: 4 Range: 64 Rainfall 'R' 50 Climatic Factor 'C' 80 RESOURCE MANAGEMENT SISTER: ➢AAC7ICt ALftfNAtIVt: SHEET 6 RILL EROSION WIND EROSION TfifA ` 90 i0 : ,HOICsALEr=,�Nli₹OT:S' Tons/acre/year Field Soil Slope % Before After Before After Before After IILV ,terfertelmlitttptil No. Acres Series K Length Slope LS C P C P Loss Loss I IUG 6 ALT. Loss 43./ Loss toss toosss Loss Before After IA 16.3 47 0.20 250' 28 0.26 1 1 0.02 1.00 2.6 0.1 86 T5 Al IA Crap Indices for this system treatment is found in section III of FOTG: POSTIVE 1.75 This meets requirements of 328 practice code. 18 123.3 51 0.20 250' 2% 0.26 1 1 0.02 1.00 2.6 0.1 86 I5 Al 43.4 3,0 18 Crop Indices for this system treatment is found in section III of FDTG: POSTIVE 1.75 This meets requireme iiiikaelPiitt is o ,u practice cede. IC 6.5 64 0.37 250' 2% 0.26 1 1 0.02 1,00 4.8 0.1 56 TS Al 28.7 2.0 ,, IC Crop Indices for this system treatment is found in section III of FOTG: POSTIVE 1.75 This meets requirements Of'328'practice code. m • SEP 22 ' 94 8:59 303 6591768 PRGE . 005 940927 ZZ/UY '94 UY:U6 SUJ 6191/6U Adams Cntg ASLS -->IUSU/1SUJJ6ZUZ4Z Pg. U1 i1NTTPo r.TATRA Anil 60 A . 27th Avenue ARPARTMRNT OF Conservation Brighton, CO 80601 AGRICULTURE Service Phone: 659-7004 September 20, 1994 Mr. Bruce T. Barker Weld County Attorney O££iee e£ County Attesney P.O. BOx 1948 • Greeley, Co. 80632 RE: Visit report and recommendation on a dust blowing complaint for property located in the Southeast Quarter, fnntinn 1 , Tnmmnhir d hTnrth, nnngn PO Wont- of thn eth Tl nr , Weld County, Colorado Dear Mr'. Barker: . .. Moat of the soils under the pivot in question include Olney fine sandy loam, Otero sandy loam, and Thedalund loam;. all of which are potentially highly erosive if vegetation is removed and no protective barriers and or cover craps are in place. I visited Mr. Dan J. Oster, owner and operator of the above mentioned site, at the named location on 9-20-94 . According to Mr. Ootor, potato harvest no approximatoly two wooko ago, and the ground has been left with little cover since then. A seedbed is presently being made for the future wisLee whcaL eusl alfalfa >,:ruvn. Train pasts.nnn ius:lsas2nn 1 • n11 ' 1 ' 1 ' 1 I ' I I ' I I . 1 clods and breaking up the crust that has formed from a previous rain. He did start opereLiuy his sprinkler system Llaia ie.e.eiey. , aaaai wiLlaiaa '/2 Limit. Liam aaiLia.e area will lam watered down. Both the chiseling operation and the use of the sprinkler system has reduced the potential for wind erosion. Furthermore, he will begin planting the winter wheat crop at the end of this week, and he intends to seed alfalfa into the wheat next April or into the wheat stubble in Julyi depending on weather conditions. The a.aw,uuteatded auLiuu Lu Um Laken Lu eulve Llaie pLubleiu le to restore vegetative cover. mar. Oster ie currently in the precess &iaiy L1ihL by NsepaLiaay a =mama Lu ylauL lairs winter wheat crop. Additionally, Mr. Oster is presently in compliance with the terms and conditions of hie signed and approved Conoorration Compliance Plan, that was written to help him reduce wind and water ernsinn at this Plitt Please sea the enclosed Record of Deeif;ioes aed ANplicaLion form that describes' Mr. Oster' s Conservation Compliance Plan. SEP 22 ' 94 9: 02 303 6591768 PRGE . 001 94042") Hello