HomeMy WebLinkAbout980642.tiff RESOLUTION
RE: ACTION OF THE BOARD CONCERNING DUST BLOWING COMPLAINT FOR
PROPERTY IN N'/z NW'/+ S8, 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), C.R.S., as amended, that dust is blowing
from property located in the N'/ of the NW% of Section 8, Township 4 North, Range 64 West of
the 6th P.M., Weld County, Colorado, said property being owned and operated by Tim Nelson,
P.O. Box 526, Kersey, Colorado 80644, 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 April 15, 1998, at which time the Board deemed it advisable to
dismiss said matter, and
WHEREAS, Tim Nelson, the landowner and operator, was present at said hearing.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of
Weld County, Colorado, that the dust blowing complaint for property located in the N'/ of the
NW% of Section 8, Township 4 North, Range 64 West of the 6th P.M., Weld County, Colorado,
said property being owned and operated by Tim Nelson, be, and hereby is, dismissed.
The above and foregoing Resolution was, on motion duly made and seconded, adopted
by the following vote on the 15th day of April, A.D., 1998.
BOARD OF COUNTY COMMISSIONERS
WEL COUNTY, COLORADO
ATTEST: ► i �� ►"�'%i•:�, '
ry Constance L. Harbe , C air
Weld County I .-., 'aid,
W. H. ebster, Pro-Tem
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BY: �� �)l •� .�.'�
Deputy Clerk�!1tA ���
orge . Baxt r
APPR AS TO RM:
Dale K. Hall
ty Attorne J I t Z/' y'L—
. Barbara J. Kirkmeyer
980642
CC: CA .1),tt; tw,7ec1' 10mp/c x00F 8
6 4°11 WELD COUNTY ATTORNEY'S OFFICE
PHONE: (970) 356-4000, EXT. 4391
FAX: (970) 352-0242
915 TENTH STREET
' P.O. BOX 1948
C. GREELEY, COLORADO 80632
April 1, 1998
COLORADO
U.S. Department of Agriculture
West Greeley Soil Conservation Board
4302 W. 9th Street Road
Greeley, CO 80634
Attention: Mike Shay
RE: Dust Blowing Complaint for Property Located in the North Half of the Northwest Quarter
of Section 8, Township 4 North, Range 64 West of the 6th P.M., Weld County, Colorado
Dear Mike:
As per our telephone conversation of Monday,March 30, 1998,the Board of County Commissioners
has received a dust blowing complaint for property located in the North Half of the Northwest
Quarter of Section 8, Township 4 North, Range 64 West of the 6th P.M., Weld County, Colorado.
The property is owned by Mr.Tim Nelson. Mr.R.C.Harbour is the complaintant. He lives at 22625
WCR 53, Kersey, Colorado. His telephone number is (970) 381-5054.
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 Mr. Nelson. Please note that the hearing concerning the dust blowing
complaint before the County Commissioners has been set for Wednesday, April 15, 1998, at
9:00 a.m. Therefore, I would like to receive this report by Friday, April 8, 1998 so that I may
confirm the complaint and have the information ready for the Board's meeting. I would like to
request that you be available at the hearing to report your findings.
If you should have any questions or comments concerning this letter, please feel free to call me at
(970) 356-4000, Extension 4390.
Sincerely, .-
Bruce T. Barker
Weld County Attorney
980642
Z; WELD COUNTY ATTORNEY'S OFFICE
11" 41.4
PHONE: (970) 356-4000, EXT. 4391
114 ;;;:,„
FAX: (970) 352-0242
915 TENTH STREET
JP.O. BOX 1948
CGREELEY, COLORADO 80632 April 1, 1998
COLORADO
CERTIFIED MAIL
Tim Nelson
P.O. Box 526
Kersey, CO 80644
RE: Dust Blowing Complaint for Property Located in the North Half of the Northwest Quarter of Section
8, Township 4 North,Range 64 West of the 6th P.M., Weld County, Colorado
Dear Mr. Nelson:
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 herein above described. According to the information received, the soil
is moving from the parcel and is causing damage to property owned by Mr. R.C. Harbour. 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 Wednesday, April 15, 1998, 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 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.
Sincerely,
Bruce T.Barker ----
Weld County/Attorney
BTB/db:Let/Nelson
• a WELD COUNTY ATTORNEY'S OFFICE
it
PHONE: (970) 356-4000, EXT. 4391
( FAX: (970) 352-0242
915 TENTH STREET
' P.O. BOX 1948
GREELEY, COLORADO 80632
Ci April 1, 1998
COLORADO
R.C. Harbour
22625 WCR 53
Kersey, CO 80644
RE: Letter Concerning Dust Blowing Complaint
Dear R.C.:
The County Attorney's Office has received your telephone complaint concerning dust blowing from
a parcel which is located in the North Half of the Northwest Quarter of Section 8,Township 4 North,
Range 64 West of the 6th P.M., Weld County, Colorado. An inspection will be conducted by the
West Greeley Soil Conservation District. The parcel is owned by Tim Nelson.
I request that you send a letter to me describing the dates and places of the blowing, and any damage
which may have occurred as a result. Please send the letter to: Bruce T. Barker, P.O. Box 1948,
915 10th Street, Greeley, Colorado 80632.
The Board will hear the matter of your complaint at its regularly scheduled meeting on Wednesday,
April 15, 1998, 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. Mr.Nelson been advised
of this meeting and you also may attend in order to offer any other comments concerning this
complaint. The West Greeley Soil Conservation 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.
Sii}cerely,
Brute T. Barker
Weld County Attorney
WEST GREELEY
SOIL CONSERVATION DISTRICT
')\Brit\ 4302 WEST 9TH STREET ROAD
GREELEY, COLORADO 80634
(970) 356-6506
April 9, 1998
Board of County Commissioners
915 Tenth Street
P.O. Box 1984
Greeley, CO 80632
I, Michael Shay, acting in my capacity as the District Manager of the West Greeley Soil
Conservation District, performed an inspection on April 8, 1998 of the R.C. Harbour property (S1/2
NE1/4 S8-T4-R64W) in response to a dust blowing complaint as requested by the Weld County
Attorney. I contacted the plaintiff, Mr. Harbour; Tim Nelson, the landowner under question in the
complaint; and a neighboring landowner whom I shall leave anonymous, in an effort to determine the
severity of the problem.
Mr. Harbour and I performed a visual inspection of his property. I noted areas along his fence line
where sand has blown in small drifts from the property of Mr. Nelson to the north. Most of the drifting
seems to be around the corrals in which Mr. Nelson contains his cattle. There are small dunes
(approximately 12-18 inches deep, 15 feet wide, in an area 50 feet long) at the fence line on the west
side of the corrals where the wind channels the drifting sand around the buildings. The drifted areas
below the corrals are deep enough (approximately 6-8 inches deep and 20 feet wide by 300 feet long)
to inundate vegetative cover in the area and encourage invading plants to grow. There is also some
evidence of blowing sand all along the north property line to the west of the buildings. These drifted
areas are large enough to cause concern, but slight from an overall erosion standpoint. Please note:
all distances are an approximation.
Mr. Nelson stated that his property had been over-grazed when he purchased it. He also stated all
that grew last year were weeds and he turned his cattle out to graze them down. There is very little
vegetative cover on Mr. Nelson's property now, and in my opinion nothing but weeds will grow again
this year. He also stated the construction that has taken place on his property has not allowed him to
properly establish vegetative cover, but that he plans to plant the property back to grass. Mr. Nelson
also said that the hay from his corrals would blow out into Mr. Harbour's fence line and Mr. Harbour's
livestock would stand at the fence line for long periods of time to eat it, destroying the vegetation in the
area.
The neighboring landowner stated that blowing sand has been a problem this spring, but not only
on Mr. Nelson's property. The landowner stated land all around this area has been blowing due to
farming operations and small acreages.
It is my opinion that the land in question should be planted back into grass and not over-grazed. It
is late in the season for grass planting, although if performed quickly there is still a chance for success,
depending on the amount of rainfall we receive this spring. The grass could be no-tilled with little soil
disturbance and the weeds could be used as a cover crop if mowed to 8-10 inch height at an
opportune time (one consideration is the high price of grass seed at this time due to CRP plantings;
price may deflate by fall). Another short-term solution would be the application of manure on the
property at a rate of over 20 tons to the acre. The manure must be in as large of clods as possible. A
cover crop of long-season milo or another forage crop could then be planted in June, clipped before it
establishes seed (if it matures before frost), and used as a cover for a fall grass planting.
The sandy soil in this area grows excellent grass, but is susceptible to overgrazing. A management
plan needs to be instituted to prevent the loss of vegetative cover. These small parcels (80+/- acres)
will only sustain 2-3 cattle or horses at best in prime conditions under managed dryland practices.
Allowing a herd of cattle, especially hardy stock such as Corrientes, to graze a small parcel for a long
period of time is devastating to vegetation.
It is also my opinion that windbreaks could be planted on both properties to help alleviate the
problem. A series of windbreaks on Mr. Nelson's property could slow wind velocity on the exposed
areas. A windbreak on Mr. Harbour's property would provide a wind and sight barrier to the north.
Windbreaks would also increase the property values for both landowners. Our office is available for
consultation on windbreak species selection and design.
Both Mr. Harbour and Mr. Nelson expressed a desire to solve the problem. This appears to be a
situation which is easily solved using methods beneficial to both property owners. I invited both to our
office to speak with our Range Conservationist about desirable grasses, planting methods and
management systems. They have expressed a willingness to come. Also, both landowners informed
me they have ordered windbreak trees this year through our Seedling Tree Program.
Due to prior commitments I will be unable to attend the hearing scheduled for April 15t . If you have
questions or comments concerning my findings, please contact me at 356-6506.
Sincerely,
Michael Shay
District Manager
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