HomeMy WebLinkAbout951053.tiffRESOLUTION
RE: ACTION OF BOARD CONCERNING DUST BLOWING COMPLAINT - N'/:N'/2 S6, T3N,
R65W
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 N1/2N1/2 of Section 6, Township 3 North, Range 65 West of the 6th P.M., Weld County,
Colorado, said property being owned by Benjamin Knaub, 1589 Venture Out, Mesa, Arizona
85205-8091, and operated by Ted Oster, 19463 Weld County Road 39, LaSalle, Colorado 80645,
and
WHEREAS, the Board caused an inspection of the above described parcel of land by a
representative of the U.S.D.A. Soil Conservation Service, and
WHEREAS, said Soil Conservation Service representative also inspected property located
in the S1/2 NW% of Section 6, Township 3 North, Range 65 West of the 6th P.M., Weld County,
Colorado, which is owned by Marilyn and Maynard Ludwig, 17978 Weld County Road 39,
Platteville, Colorado 80651, and operated by Kevin Derro, complainant in the original complaint
against Messrs. Knaub and Oster, and
WHEREAS, pursuant to the information and the inspection referred to above, a hearing
before the Board was held on May 22, 1995, at which time the Board considered the dust blowing
complaint pursuant to Section 35-72-101(1), and
WHEREAS, Mr. Oster and Mr. Derro were present at said hearing, and
WHEREAS, upon said consideration, the Board did order that Mr. Oster and Mr. Derro treat
their respective properties as described above, with said matter to be brought back before the
Board on June 19, 1995, at 9:00 a.m. to determine whether the remedial actions have been
effective.
951053
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DUST BLOWING COMPLAINT - S6, T3N, R65W
PAGE 2
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld
County, Colorado, that Ted Oster and Kevin Derro be, and hereby are, ordered to perform the
treatment upon the above described parcels as recommended by the Soil Conservation Service.
BE IT FURTHER RESOLVED by the Board that this matter be, and hereby is, continued
to June 19, 1995, at 9:00 a.m.
The above and foregoing Resolution was, on motion duly made and seconded, adopted by
the following vote on the 22nd day of May, A.D., 1995.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, C9LORApO
Weld County Clerk to the Board
Deputy Clerk "tothe Bawl
/APP' • D AS TO FO' '~
my Attorne
Barbara J. Kirkmey, Pro-Te
/ GeorjE. Baxter
Constance L. Harbert
W. H. Webster'
951053
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ADAMS CMTY CFSA-->1038719703520242 Pg. 01
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FAX t.-.4"/- raxr.
UNITED STATES
DEPARTMENT OF
AGRICULTURE
NATURAL RESOURCES
CONSERVATION
SERVICE
60 S. 27TH AVE.
BRIGHTON, CO. 80601
(203)659-7004
May 18, 1995
Mr. Bruce T. Barker
Weld County Attorney
Office of County Attorney
P.O. Box 1948
Greeley, Co. 80632
RE: Dust Blowing Complaint for Property located in the N2N2
of Section 6, Township 3 North, Range 65 West
Dear Mr. Barker.
Per your written request made on May 15, 1995, I inspected
the above mentioned property. In the process I have visited
with Mr. Ted Oster, Mr. Kevin Derro and Mr. Maynard Ludwig.
Mr. Benjamin Knaub is out. of the state and could not be
contacted. All parties that I have contacted agree that
there is a dust blowing problem. The following trip report
includes information on the present field conditions,
evidence of erosion, remedial action to be taken, and future
recommendations on reducing erosion. All parties that I
have contacted agreed on the remedial action to be taken.
PRESENT FIELD CONDITIONS:
T6957
Owned by Mr. Benjamin Knaub, operated by Mr. Ted Oster.
Neither are currently involved in Agriculture Subsidy
programs. This tract is made up of 3 fields.
Field 18, 66.4 acres
The source of the wind blowing complaint. Presently planted
to oats, this field will go back to alfalfa in July.
September this was taken out of a 14 year old stand of
alfalfa, irrigated prior to plowing, and planted to wheat in
2 stages. Half in late September, and half in late October.
32 pounds of wheat seed were planted to the acre. This
field was irrigated two times after planting the wheat last
fall. The oats were planted directly into the
wheat
onThis
April 25, 1995 at a rate of 70-80 pounds o the acre.
was approximately one week prior to the winds that prompted
this blowing complaint. The oats will be harvested in July
and the alfalfa will be seeded directly into the oat stubble
at that time.
MAY 19 '95 16:32
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Presently, there is a strong wheat cover on the north and
north-west portions of this field. Approximately twelve to
fourteen inches of green growth in some places. The wheat
growth on the southern one-third portion of this field is
approximately two to three inches tall with patches of bare
ground. The oat cover is approximately an inch to two and a
half inches tall, and is becoming established in all areas
except the blow-out areas. Soil movement is evident on the
east slopes of all sand bars and south-central locations of,
this field.
The row orientation is east to west and row width is seven
inches. The ridge height is one to one and a quarter of an
inch high in the north half of this field, to nonexistent in
the blowout areas.
On 5-18-95 Mr. Oster and I took four transects on this field
and clipped two random plots of ve9eLaLiuu. Plcate at= LI.e
enclosed map for locations. The purpose of the transects
was to determine percent overall cover on this field for
both prior crop stubble, and new green growth cover.
The following are the results:
TRANSECT
PRIOR CROP COVER ALL COVER
1 7%
9%
2
3
4
9%
15%
17%
48%
26%
The plots were clipped, air dried and weighed.
CLIP # AIR DRY WEIGHT AVE. LBS./AC.
***********tie***#tit*************lift****************A****
1 2.92 grams 584
2 46.45 grams 4,645
Given the erodibility of this soil and the point in the
growing season, we consider seven hundred and fifty pounds
of green growth (approximately 23% cover) sufficient to hold
this type of soil in place. As you can see, the northern
area of this field has substantial cover while other
portions of this field have 17% or less cover; these are the
areas requiring treatment.
Field 1D, 44.5 acres
Planted to alfalfa last spring, following one year of corn
which followed an alfalfa stand. Alfalfa ie established in
this field. This field is presently being irrigated.
Field 1F, 25.7 acres
Presently in alfalfa, will be taken out next year. The
recommendations made later in this report concerning control
MAY 19 '95 16:33 303 6591768 PAGE.002
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of future erosion will address this field when it does come
out of alfalfa.
T7255
This tract is owned by Mrs. Marilyn and Mr. Maynard Ludwig,
and is operated by Kevin Derro with Agriculture Products,
Incorporated. Mr. Derro filed a wind blowing complaint
against T6957 during the week of 5-14-95. Both owners have
current, signed 1026's through Weld County CFSA. We do have
a plan on this tract dated 11-7-89, signed on 11-6-89 by Mr.
Ludwig. Field 1A is the only field in this tract currently
being operated by Agriculture Products.
Field lA
This field was in wheat last fall, with a manure application
that occurred from December 6 to January 20th, at a rate of
20T/ac. Irrigation took place on the 1st of April,
immediately followed by a plowing operation with a one-way
plow. It was then planted to potatoes on April 8th. Since
then, this field has been worked four times in an emergency
effort to reduce the impacts from wind erosion. The row
spacing is 32', with a ridge height of approximately ten
inches; where impacts from wind erosion have not been
severe. This field was last plowed for emergency measures
on or about 5-11-95. Where there are signs of erosion in
this field, the row height is closer to six to eight inches
high.
EVIDENCE OF EROSION
There is evidence that erosion has taken place on both
fields.
Blowout arras on T6997;
*Two blowouts exist on east side slopes of the sandbars
within this field, and a third in the central portion of the
south end of the field.
*All blow-out areas appear to be the origin of soil erosion
from T6957 to T7255. These can easily be seen on the east
facing slopes where the blowouts began and traveled to
blowouts that occur on east side slopes of T7255.
Damage from these blow out areas include:
*soil drifting in the road separating the two tracts, up to
twelve inches deep,
*siltation of rows in the northern portion of tract 7255.
reducing the ridge height from ten inched to approximately
seven inches. subsequent damage as a result of rows silting
in include seedbed displacement from numerous emergency
tillage operations.
MAY 19 '95 16:33 303 6591768 PAGE.003
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Other Erosion:
On the southwest corner of T6957, small drifts of soil can
be seen on the south and east side of the alflafa residue.
Which indicate that the soil in this area has also been
moving from the southwest direction.
Erosion on T7255:
Present on east facing side slopes, and ridge tops. Most
prevalent on the north and north-east ends of this field,
adjacent to the blow-out areas in T6957.
*There are two knobs in the northern portion of this field
that are more susceptible to wind erosion than other portions of this field simply due to topography. The areas
adjacent to these knobs in T6957 have cover. Therefore, the
point of wind erosion origin for these knobs probably began
on this tract, and not on T6957.
*Soil accumulation at the row ends on the east side of this
field indicate erosion from direct west winds.
surrounding Field Conditions
The fields both to the north and west of T6957 are
presently in stubble with strong volunteer pressure. Both
have recently been sprayed to control the volunteer.
REMEDIAL ACTION:
The soils on both of these tracts are considered highly
credible. They are particularly oonduoive to wind erosion
when left uncovered and dry. Therefore, the solution is to
provide cover and/or keep the fields moist enough so that
they will not be as susceptible to wind erosion.
Initially, Mr. Derro expressed that Agriculture Products
would be satisfied if Mr. Oster would re -plant the blow-out
areas and/or apply manure to prevent blowing until the oats
begin to grow. Be offered Mr. Oster free manure if he would
do that. Mr. Oster has expressed concern that by applying
manure he would also be applying unwanted
if accompanied
Mr.
Oster expressed that he would apply
by a mold -board plow operation; which would defeat"the
purpose of trying to maintain adequate cover on thic field.
Therefore, the next best solution to ob
bare areas covered
over
this wind blowing problem is to get the
with green growth as soon as possible.
The following solution has been discussed with and agreed
upon by Mr. Oster, Mr. Derro and Mr. Ludwig.
MAY 19 '95 16:34
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Mr. Oster has agreed to do the following;
Re -plant his oat crop in the blow-out areas, and areas where
the oat and wheat stand are not providing adequate cover.
This includes the sand -bar side slopes, the top of eastern
most sand -bar, and the central portion of the south end of
the field. This crop will take approximately seven days to
germinate and begin to show top growth. If erosive winds
should occur prior to these areas becoming established, Mr.
Oster has further agreed to irrigate this field to reduce
the impact from wind erosion. The oats will be drilled in a
north east to south west direction where possible, around
the sand -bars, and east to west in all other areas. Re will
be using a double disc drill, which will given him a seven
inch row spacing and a one to one and a quarter of an inch
row height. The recommended seeding rate is 80 pounds to
the acre. he will begin drilling on 5-18-95 or 5-19-95.
Mr. Derro has agreed to do the following':
Realising that T7255 has ita own cronion problemo, Mr. Dorro
has agreed to begin irrigation on his field if erosive winds
occur between now and when his potato crop begins to emerge
in one to two weeks: Thus, avoiding severe wind erosion
impacts on T6957 if southern erosive winds are encountered.
Future Recommendations on Erosion Reduction
It is my understanding that both of these fields are
primarily alfalfa fields. Alfalfa can provide adequate long
term vegetative cover, which is ideal for these soil types.
During periods of stand re-establishment that will occur no
more than once every five years, we recommend that a high
residue crop, such as corn be planted. The alfalfa should
stand over the winter months and seed -bed preparation for
the other high residue crop should begin no earlier than
March 15th. Thus leaving sufficient crop residue on the
soil surface for the majority of our critical wind erosion
period which is from November to May.
Our office is available to help all producers implement
conservation systems that meet acceptable erosion levels.
nna Sue Nelson
Range Conservationist
MAY 19 '95 16:35
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Ottr
COLORADO
CERTIFIED MAIL
May 15, 1995
OFFICE OF COUNTY ATTORNEY
PHONE (303) 356-4000 EXT. 4391
P.O. BOX 1948
GREELEY, COLORADO 80632
Mr. Ted Oster
19463 WCR 39
LaSalle, CO 80645
RE: Dust Blowing Complaint for Property Located in the N2N2 of Section 6, Township 3 North,
Range 65 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 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(6), 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, May 22, 1995 at
9 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 of 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.
Veritruly your"
i/- / /
.Buce T'Barker
Weld County Attorney
951053
ito(\dr,
WIOc
COLORADO
CERTIFIED MAIL
May 15, 1995
OFFICE OF COUNTY ATTORNEY
PHONE (303) 356-4000 EXT. 4391
P.O. BOX 1948
GREELEY, COLORADO 80632
Mr. Benjamin Knaub
1589 Venture Out
Mesa, AZ 85205-8091
RE: Dust Blowing Complaint for Property Located in the N2N2 of Section 6, Township 3 North,
Range 65 West of the 6th P.M., Weld County, Colorado
Dear Mr. Knaub:
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
intbrmation 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, May 22, 1995 at
9 a.m. The meeting will take place in the First Floor Meeting Room, Weld County Centennial
Center Complex, 915 Tenth Street, Greeley, Colorado. You maybe 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 of 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
Very -truly yours,
� . r
c:, .72
�' /, . / ,
�lirucc T. Barker ( i
Weld County Attorney
951953
Alpg‘t
COLORADO
May 15, 1995
OFFICE OF COUNTY ATTORNEY
PHONE (303) 356-4000 EXT. 4391
P.O. BOX 1948
GREELEY, COLORADO 80632
U.S. Department of Agriculture
Soil Conservation Service
Attn: Donna Nelson
60 S. 27th Avenue
Brighton, CO 80601
RE: Dust Blowing Complaint for Property Located in the N2N2 of Section 6, Township 3 North,
Range 65 West of the 6th P.M., Weld County, Colorado
Dear Ms. Nelson:
As per our telephone conversation of May 15, 1995, the Board of County Commissioners has
received a dust blowing complaint for property located in the N2N2 of Section 6, Township 3 North,
Range 65 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 Monday,
May 22, 1995 at 9 a.m. Therefore, 1 would like to receive this report by May 19, 1995 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
(970) 356-4000, Extension 4390.
Very truly yours,
7
Bruce 11. Barker
Weld County Attorney
951953
ts0
COLORADO
Mr. Kevin Deroo
P.O. Box 39
Lucerne, CO 80646
OFFICE OF COUNTY ATTORNEY
PHONE (303) 356-4000 EXT. 4391
P.O. BOX 1948
GREELEY, COLORADO 80632
May 15, 1995
RE: Letter Concerning Dust Blowing Complaint
Dear Mr. Deroo:
The County Attorney's Office has received your complaint concerning dust blowing from a parcel
which is located in the N2N2 of Section 6, Township 3 North, Range 65 West of the 6th P.M., Weld
County, Colorado. An inspection will be conducted by the Brighton Soil Conservation District. The
parcel is owned by Benjamin Knaub.
The Board will hear the matter of your complaint at its regularly scheduled meeting on Monday,
May 22, 1995 at 9 a.m. The meeting will take place in the First Floor Meeting Room, Weld County
Centennial Center Complex, 915 Tenth Street, Greeley, Colorado. The owners have been advised
of this meeting and you also may attend in order to offer any other comments concerning this
complaint. The Brighton District will be at this meeting to advise the Board of their observations
during the inspection.
If you have any questions, please contact this office at 356-4000_ Extension 4391.
Vcry truly yours,
1
ruce T. Barker
Weld County Attorney
951953
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