Dawson county weed managament plantable of contents

Note: The Dawson County Weed District will not use long term residual chemicals during the course of enforcement actions as specified under Montana law. Only herbicides of short duration will be used. Landowners must realize follow up treatments will be necessary under these conditions.
Enforcement actions will be taken by the District as expeditiously as possible in noncompliance cases. However, due to manpower constraints, a time lapse between authority to act and actual enforcement action may occur. Mandated services such as right ofway weed control, must take priority over weed law enforcement.
Weed Law Enforcement Guidelines, Complaint Forms, Management Plan, and Complaint Letters
WEED MANAGEMENT COMPLIANCE POLICY
PHASE I: Complaint Received
PHASE II: Voluntary Compliance
PHASE III: Weed Management Plan Approval
PHASE IV: Noncompliance Procedure
PHASE V: Noncompliance Legal Action
PHASE VI: Weed Management Plan Follow-up
PHASE VII: Emergency Procedures
PHASE I: COMPLAINT RECEIVED
When a complaint is made, the Complainant(s) must fill out a complaint form to be filed by the District. The form can be obtained by the office personnel at the Weed Department. The Board or its representative will take action by contacting the violator by phone or in person, or by posting the property advising them of the complaint and the request for voluntary compliance. The Weed District itself may initiate the complaint if deemed necessary.
PHASE II: VOLUNTARY COMPLIANCE
A person who has had a complaint filed against them will receive a letter and the Five Year Noxious Management Plan Guide via U.S Mail. It will also be given to people who wish to control noxious weeds on their property.
The Five Year Noxious Weed Management Plan Guide will:

• 
  Provide reason for the notice.
  
• 
  Encourage voluntary compliance within ten (10) days of date of letter.
  
• 
  Provide a 5 Year Noxious Weed Management Plan, a Re-vegetation Plan, and all information needed to fill out the plan.
  
• 
  Provide information for assistance.
  

If a response has not been received in the ten (10) day period, the Board or its representative will send a certified letter of noncompliance. Extensions of time frame throughout weed law enforcement may be granted when dealing with absentee, or outof state, landowners.

PHASE III: WEED MANAGEMENT PLAN APPROVAL
Upon receiving a Five Year Noxious Weed Management Plan, the Board or its representative shall act on the plan as soon as time allows depending on manpower restraints. The Board or its representative shall consider the following criteria:

• 
  Acceptable control methods;
  
• 
  Alternative control methods;
  
• 
  Economic impact on the person and his/her neighbors.
  

If the plan is approved, it shall be filed with the Board.

If the plan is disapproved, the violator has the options to make revisions in the plan and resubmit it OR

Request an administrative hearing pursuant to Sec. 7222110, MCA.

PHASE IV: NONCOMPLIANCE PROCEDURE
If no response is received from the violator within the ten (10) day voluntary compliance period, a certified noncompliance letter will be sent to the violator within thirty (30) days or as District manpower allows. The letter of noncompliance shall include:

• 
  The basis for determination of noncompliance
  
• 
  The weed species present on the person's land
  
• 
  The geographic location of the area by legal description or other reasonable identifiable description
  
• 
  The measure to be taken in order to comply with the Board's Management criteria
  
• 
  A time period which compliance must be initiated
  
• 
  A notice of Phase V procedures for noncompliance
  

PHASE V: NONCOMPLIANCE LEGAL ACTION
If no response is received from the violator within ten (10) days of the date of the noncompliance letter, the following actions may be taken within thirty (30) days or as District manpower allows:

• 
  Pursuant to Section 7222124 MCA, the District or its agent, may enter the person's land and institute appropriate control measures. When this occurs, the Board shall submit a bill to the person, itemizing man hours of labor, materials and equipment time, together with a penalty of 10% of the total cost incurred and/or:
  

• 
  A complaint may be filed at the Justice Court charging the landowner with a misdemeanor for the violation of 7222117 MCA
  

PHASE VI: WEED MANAGEMENT PLAN FOLLOWUP
After the 5 Year Noxious Weed Management Plan has been filed with the Board, annual inspections shall occur to determine if the Weed Management Plan has been properly implemented and is effective.

If the Five Year Noxious Weed Management Plan is not implemented, the Board may request that a revised Weed Management Plan be done. When that occurs, the process shall begin anew at Phase II.

PHASE VII: EMERGENCY PROCEDURE
Category 1A and 1B noxious weeds are, as defined by Rule 4.5.206 and Rule 4.5.207 of the Department of Agriculture rules, weeds not yet detected or are in limited amounts in Montana. These rules provide for the prevention of the spread or introduction of these weeds into Montana.
Dawson County Noxious Weed Control District's management criteria, recognizes the necessity to prevent the spread and introduction of these weeds in the county and Montana. Detection and immediate action to eradicate Category 1A and 1B noxious weeds is considered an emergency. Upon determination of Category 1A and 1B noxious weeds in the county, the District Board may take immediate action to eradicate the weeds at landowner’s expense.

DAWSON COUNTY WEED CONTROL DISTRICT

OFFICIAL COMPLAINT

Alleged Violator:

Name: ____________________________________________________________

Address: _________________________________________________________

Phone: (Home) ______________________ (Work) _____________________
Violation area description or address:

Legal description: ______ 1/4 ______ 1/4 ______ 1/4, S___T___R___

Latitude: _____________________Longitude: _______________________ (Decimal Degrees) of approximate center of infestation
Noxious weed violation: (check major weed (s) infestation)

• 
  Spotted Knapweed
  
• 
  Diffuse Knapweed
  
• 
  Russian Knapweed
  
• 
  Leafy Spurge
  
• 
  Whitetop
  
• 
  Field Bindweed
  
• 
  Canada Thistle
  
• 
  Dalmation Toadflax]
  
• 
  St. Johnswort
  
• 
  Hounds Tongue
  
• 
  Burdock
  
• 
  Musk Thistle
  
• 
  Wild Licorice
  
• 
  Common Tansy
  
• 
  Common Toadflax
  
• 
  Dyers Woad
  
• 
  Yellow Starthistle
  
• 
  Common Crupina
  
• 
  Rush Skeletonweed
  
• 
  Velvetleaf
  

• 
  Other, specify _______________________
  

Nature of complaint: ____________________________________________________________________

_____________________________________________________________________________________

_____________________________________________________________________________________

Complainant(s) Name:___________________________________________

Address: _________________________________________

Phone: __________________________________________
Signature: __________________________________________________

--------Office Use Only------------

Complaint #:_______________________ Date Filed: _________________

VOLUNTARY COMPLIANCE REQUEST  FIRST NOTICE OF COMPLIANCE
NAME: __________________________________ DATE: ________________

Our weed problem in Montana is increasing at an alarming rate. Noxious weeds consume approximately 19% of the Montana lands each year at an annual cost of 23.7 million dollars to the landowners.

The Montana Legislature recognized the extent of the problem and passed legislation to assist in the weed control effort. The Dawson County Weed District also recognizes the desperate need to get our weed problem under control.
A complaint has been filed with the Dawson County Weed District, alleging that noxious weeds are growing on property belonging to you.
Weed species present: __________________________________________

Location of complaint: _________________________________________

Legal description:______ 1/4 ______ 1/4 _______ 1/4, S___T___R___

Latitude: _____________________Longitude: _______________________ (Decimal Degrees) of approximate center of infestation

You will find that we have included a Noxious Weed Management Plan Guide that you are required to fill out and send back to us within ten (10) days of the date of this letter. Please do your part in recognizing the weed problem in your area and fill out this plan or contact us by telephone as soon as possible. Our goal is to get a workable plan put together to help you control your noxious weeds.
We are hoping for your voluntary compliance, however due to our strong dedication to control noxious weeds, further action will be taken if we don't hear from you with ten (10) days of the date of this letter. This action will consist of a certified noncompliance letter which states that you must submit a noxious weed management plan within then (10) days. The District reserves the right to extend deadlines for the sole consideration of manpower and financial restraints. Failure to comply with this notice is a misdemeanor (7-22-2153 MCA.) Upon conviction, an offender shall be sentenced pursuant to 46-18-212 MCA and assessed the costs of weed control provided by the board. A second or subsequent conviction is punishable by a fine of not less than $500 or more than $2,000, plus the costs of weed control provided by the board. The District also has authority to take corrective action at your expense.
If you have any questions, please contact the Weed District.
Thank you for your prompt cooperation.
Sincerely,

Joe Sharbono/Supervisor

Dawson County Weed District

NOTICE OF NONCOMPLIANCE
NAME: ___________________________________ DATE: _______________

ADDRESS: ______________________________________________________

We are sending you this certified notice of noncompliance pursuant to the County Noxious Weed Control Act, Title 7, Chapter 22, Section 7222123, MCA, because you have not responded to the initial complaint dated ___________________. The Weed Board has reason to believe that there are noxious weeds being allowed to grow on your property.
Weed species present: __________________________________________
Location of complaint: __________________________________________
Legal description:______ 1/4 ______ 1/4 _______ 1/4, S_____T_____R_____
Latitude: _____________________Longitude: _______________________ (Decimal Degrees) of approximate center of infestation
The Dawson County Weed District directs you to control your noxious weed problem. You will be in compliance by submitting a Five Year Noxious Weed Management Plan that must be approved by the Dawson County Weed Board and Weed District Supervisor. You must then follow this plan. The above action must be taken within ten (10) days of the date of this letter. Failure to comply with this notice is a misdemeanor (7-22-2153 MCA.) Upon conviction, an offender shall be sentenced pursuant to 46-18-212 MCA and assessed the costs of weed control provided by the board. A second or subsequent conviction is punishable by a fine of not less than $500 or more than $2,000, plus the costs of weed control provided by the board. The District also has authority to take corrective action at your expense and you will be required to file a Weed Management Plans.
You have the right to request an administrative hearing within these same ten (10) days of the date of this letter. (7-22-2123 ( c ) MCA.) The District reserves the right to extend deadlines for the sole purpose of manpower and financial restraints.
Enclosed you find a packet that give you information on weed control and weed management planning. For more information, or if you have any questions, please contact the Weed Board or Weed District Supervisor.
Sincerely,

Joe Sharbono/Supervisor

Dawson County Weed District
INTRODUCTION
In this Noxious Weed Management Planning Guide, you will find all the necessary information that you will need to fill out your own management plan.
YOUR NOXIOUS WEED MANAGEMENT PLANNING GUIDE INCLUDES:

• 
  A list of instructions, step by step.
  
• 
  Noxious Weed Management Plan  Table I.
  
• 
  A code list for filling out your plan  Table II.
  
• 
  A chemical recommendation for noxious weeds.
  
• 
  A Re-vegetation Plan.
  
• 
  An environmental action checklist.
  
• 
  Tips on mapping. A map is not included in this plan, but one is required from you to show noxious weeds on your land. Map must be from Google Maps (Satellite View) or Google Earth with markers showing area(s) of infestation.
  
• 
  A sample plan that illustrates how to fill out a plan.
  

Methods used to accomplish these requirements may include mechanical and/or cultural, chemicals, hiring weed control professionals or a combination of these. Your plan will be reviewed by the Dawson County Weed Board at one of its regular meetings.

Is this a Noxious Weed Management Plan and/or a Re-vegetation Plan?
Please mark the appropriate box:

• 
  Management Plan
  

• 
  Re-vegetation Plan
  

INSTRUCTIONS

1. 
   Fill out appropriate section of Form 941.
   
2. 
   Fill out Noxious Weed Management Plan(Table I*) using Table II with the Dawson County Weed Supervisor or Foreman
   
3. 
   Fill out a Re-vegetation Plan if cultivation is to be used.
   
4. 
   Fill out a Re-vegetation Plan if it is to be used as a control method.
   
5. 
   Fill out the environmental checklist.
   
6. 
   Prepare a map of the area where the control will take place.**
   
7. 
   Return to the Dawson County Weed District.
   

* Table I is needed for each year of your 5 Year Management Plan. Additional forms will be sent to you.

** Map must be from Google Maps (Satellite View) or Google Earth with markers showing area(s) of infestation.
For help, contact the Dawson County Weed Board.

TABLE I:

NOXIOUS WEED MANAGEMENT PLAN
***Please use the information on Table II to complete the following information, (abbreviated two letter indicator will be used for codes) ***
NOXIOUS WEEDS: ____________________________________________________________
CHEMICAL TO BE USED: ________________________________________________________
ACRES TO BE TREATED: _________________________________________________________
APPLICATION METHOD: ________________________________________________________
SOIL TYPE: ___________________________________________________________________
GROUND WATER DEPTH: ________________________________________________________
HAND PULLING: _______________________________________________________________
CULTIVATION*: ________________________________________________________________
DATE STARTED: ________________________________________________________________
DATE COMPLETED: _____________________________________________________________

*If cultivation is to be used, a Re-vegetation Plan must be filed. (You will find a Re-vegetation Plan in this packet.)

For help, contact the Dawson County Weed District

TABLE II:

NOXIOUS WEEDS

WEED CODE WEED CODE

Spotted Knapweed [sk]

Diffuse Knapweed [dk]

Russian Knapweed [rk]

Leafy Spurge [ls]

Whitetop [wt]

Field Bindweed [fb]

Canada Thistle [ct]

Dalmatian Toadflax [dt]

St. Johnswort [sj]

Hounds Tongue [ht]

Burdock [b]

Musk Thistle [mt]

Wild Licorice [wl]

Common Tansy [ct]

Common Toadflax [tf]

Dyers Woad [dw]

Yellow Starthistle [ys]

Common Crupina [cc]

Rush Skeletonweed [rs]

Velvet Leaf [vl]

Other, specify ____________________

>> NOXIOUS WEED CODES FOR USE ON TABLE I<<
*CHEMICALS USED TO BE DETERMINED BY WEED SUPERVISOR OR FOREMAN*
APPLICATION METHODS
- Backpack Sprayer - Sprayer with hand gun

- Sprayer with boom - Hand wiping

- Other type of sprayer ________________ - Other method, please specify _____________
SOIL TYPES
There are many different types of soils. Types of soils are based on the percentage of mixture they contain, i.e., sand, silt, soil, gravel and clay.
- Sand - Gravel - Clay - Loam (even mixture) of all soil types - Gravely loam - Sandy loam - Clay loam - Other, please specify _____________________
GROUND WATER DEPTH
- 03 feet - 37 feet - 715 feet

- 1525 feet - Below 25 feet - unknown

DAWSON COUNTY RE-VEGETATION PLAN

CONSTRUCTION SITES

A. Restoration of Construction sites

1. 
   Seeding Method
   
   1. 
      Drill----Single Rate
      
   2. 
      Broadcast----Double Rate
      

2. Seed Type and Rate (Single Rate)

Thickspike Wheatgrass 25% 3.0 lbs.

Western Wheatgrass 20% 2.4 lbs.

Slender Wheatgrass 20% 2.4 lbs.

Pubescant Wheatgrass 20% 2.4 lbs.

Purple Prairie Clover OR

Cicer Milkvetch 15% 2.0 lbs.

12 lbs. per live seed per acre
3. Fertilizer 100 lbs. of 0450 Phosphate per acre
4. Roller pack a minimum of three times after broadcasting seed to pack seed 1/4 inch into the soil
5. Seed 1 April to 15 May or 15 August to 1 October
6. Seed must be certified Noxious Weed Seed Free.




B. Noxious Weed Management Re-Vegetation Plan
All Noxious Weeds on the latest Dawson County Weed List must be controlled. The disturbed site will be inspected by Weed District personnel when seeding is completed. It will be re-inspected to make sure that reclamation site has an adequate stand.
DAWSON COUNTY WEED CONTROL DISTRICT

RE-VEGETATION PLAN
Description of site: ______________________________________________

______________________________________________________________

Description of disturbance: _______________________________________

______________________________________________________________

Re-vegetation work to be done: (Please list seed and amount to be used, type, and amount.)
______________________________________ \ _______________ Amount

______________________________________ \ _______________ Amount

______________________________________ \ _______________ Amount

______________________________________ \ _______________ Amount

______________________________________ \ _______________ Amount

______________________________________ \ _______________ Amount

Please list fertilizer, if used. (Type & Amount)
______________________________________ \ _______________ Amount

______________________________________ \ _______________ Amount

______________________________________ \ _______________ Amount
For specific site recommendations, you may contact:

Natural Resources Conservation Service

102 Fir Street
Glendive, MT 59330-3197
Telephone: [phone]
FAX: [phone]

OR The Dawson County Weed District

Time table for completion:
Cultivation date(s) ________ ________ ________ ________
Seeding date(s) ________ ________ ________ ________
Fertilizer date(s) ________ ________ ________ ________

ENVIRONMENTAL ACTION CHECKLIST
PLEASE NOTE: Use a sheet of lined paper marked with corresponding number to explain how environmental impacts will be mitigated for all questions answered with a "yes" answer. Be very specific with answers.
1. Is the area used by any form of wildlife and fish species at any time?

Yes [ ] No [ ]

2. Is there any vegetation communities i.e. crop land present which may be impacted by the proposed project.
Yes [ ] No [ ]
3. Is there any significant topographic features, terrain, or aesthetic values present?
Yes [ ] No [ ]
4. Is there any surface or ground water resource within 500 feet of proposed project that may be impacted?
Yes [ ] No [ ]
5. Are fragile soils or soils requiring special consideration present?

Yes [ ] No [ ]

6. Does the project area contain any areas with unique or special reclamation considerations, i.e., past mining, erosion, and saline seep etc….?
Yes [ ] No [ ]
7. Additional comments: _____________________________________________________________________
______________________________________________________________________________________
______________________________________________________________________________________
______________________________________________________________________________________

___________________________ _____________

Landowner Date
___________________________ _____________

Weed District Representative Date

MAPPING INSTRUCTIONS

WHY MAP?
Mapping may be the single most useful part of any noxious weed control plan. You must know "what is out there" if you expect to manage your land successfully. Attach an appropriate map of your property. If you do not, your plan will not be approved until a map is received. Indicate areas of infestation and environmental sensitive areas, i.e., waterways, plants, trees or wildlife habit etc…..

WHAT IS A MAP?
A map is necessary to implement an effective noxious weed control program. The map(s) must be from Google Maps (Satellite View) or Google Earth with markers showing area(s) of infestation.
HOW MUCH DETAIL IS REQUIRED?

Your map will need to show the following items:

• 
  Weed infestation areas
  
• 
  Topographic features should be shown such as streams, lakes, hills etc…
  
• 
  Buildings, roads and fences
  
• 
  Power lines, pipelines, railroads and other rightsofway
  
• 
  Irrigation canals and ditch's systems
  
• 
  Property designations
  
• 
  North Arrow
  
• 
  Access route to infested area
  
• 
  Township, Section and Ranges
  
• 
  Latitude and Longitude in decimal degrees of approximate center of infested area
  

>>YOU SHOULD ALWAYS MAKE A DUPLICATE SO THAT YOU CAN KEEP A COPY FOR YOUR RECORDS FOR LATER REFERENCE AND SEND THE ORIGINAL IN WITH YOUR PLAN.<<

WHERE CAN MAPS ARE OBTAINED?
Google Earth http://www.google.com/earth/index.html

Google Maps (Satellite View) http://maps.google.com/