HomeMy WebLinkAbout20091189.tiffRESOLUTION
RE: ACTION OF THE BOARD CONCERNING DUST BLOWING COMPLAINT - DAVID AND
CAROL HYETT
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., that dust is blowing from the
following described parcel of land: Lot 23, less the south one-third, Milton Lake Estates First
Filing, specifically 15225 County Road 49, LaSalle, Colorado 80645; being located in Section 13,
Township 3 North, Range 65 West of the 6th P.M., Weld County, Colorado, and
WHEREAS, said parcel is owned by David and Carol Hyett, 15225 County Road 49,
LaSalle, Colorado 80645, 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 the 20th day of May, 2009, and
WHEREAS, David and Carol Hyett were notified of said hearing by first class mail on
May 12, 2009, and were represented by James Hove, at said hearing on May 20, 2009, and
WHEREAS, the Board of County Commissioners heard all of the testimony and
statements of those present, studied the recommendations of the West Greeley Conservation
District, and the County Attorney's Office, and all of the exhibits and evidence presented in this
matter and, having been fully informed, ordered that the dust blowing complaint be dismissed.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld
County, Colorado, that the dust blowing complaint against David and Carol Hyett, for the above
described parcel of land, be, and hereby is, dismissed.
2009-1189
EX0011 ,
ft : (:1" u'&S (ive/ r-
DUST BLOWING - HYETT (S13, T3N, R65W)
PAGE 2
The above and foregoing Resolution was, on motion duly made and seconded, adopted
by the following vote on the 20th day of May, A.D., 2009.
ATTEST:
Weld County Clerk to the Board
BY
Deputy Jerk to the Board
APPROVED AS TO FORM:
yAttoley
Date of signature: co/ 7707
BOARD OF COUNTY COMMISSIONERS
WELQCOUNTYLORADO
onway e
Kirkmeyer
David E. Long
Tho) _
2009-1189
EX0011
5/0/09
umime le
COLORADO
David B. Hyett and Carol J. Hyett
James Hove
15225 Weld County Road 49
LaSalle, Colorado 80645
May 12, 2009
WELD COUNTY ATTORNEY'S OFFICE
915 TENTH STREET
P.O. BOX 758
GREELEY, CO 80632
WEBSITE: www.co.weld.co.us
PHONE: (970) 336-7235
FAX: (970) 352-0242
RE: Dust Blowing Complaint: Lot 23, less the South one-third, Milton Lake Estates First
Filing, County of Weld, State of Colorado, also known by street and number as 15225 Weld
County Road 49, LaSalle, Colorado 80645
Dear Mr. and Mrs. Hyett and Mr. Hove:
Please find enclosed the report prepared by Joyce Wallace of the West Greeley Conservation
District. Representatives of her office inspected your property and based upon their examination,
she prepared the enclosed report. This report will also be presented to the Weld County Board of
County Commissioners at the hearing scheduled for May 20, 2009. The recommendations made
by Ms Wallace must be taken by you immediately. If you have questions, you may contact her at
(970) 356-8097.
As noted in the previous letters, under Colorado law, (C.R.S. § 35-72-102(b)), it is the duty of the
owner or occupier of any land in the State of Colorado to prevent soil blowing from such land.
Since soil has been blowing from your property, under the terms of C.R.S. § 35-72-103O), the
Board of County Commissioners may order treatment of the parcel to accomplish these
recommendations at your expense.
As I told you in the previous letter, the Board will hear this matter at its regularly scheduled
meeting on May 20, 2009, 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.
If you have any questions concerning this matter, please contact this office at 356-4000,
Extension 4394.
tant Weld County Attorney
pc: P. Brewer
West Greeley Conservation District
Enclosures
2009-1189
COLORADO
WELD COUNTY ATTORNEY'S OFFICE
915 TENTH STREET
P.O. BOX 758
GREELEY, CO 80632
WEBSITE: www.co.weld.co.us
PHONE: (970) 336-7235
FAX: (970) 352-0242
Certified and Regular U.S. Mail
May 8, 2009
David B. Hyett and Carol J. Hyett
James Hove
15225 Weld County Road 49
LaSalle, Colorado 80645
RE: Dust Blowing Complaint: Lot 23, less the South one-third, Milton Lake Estates First
Filing, County of Weld, State of Colorado, also known by street and number as 15225 Weld
County Road 49, LaSalle, Colorado 80645
Dear Mr. and Mrs. Hyett and Mr. Hove:
As you are aware from my letter of April 24, 2009, the Board of County Commissioners
of Weld County, Colorado was informed that dust is blowing from your property - the
above described parcel.
Contact was made with the West Greeley Conservation District. The agents went to your
property on May 1, 2009, and conducted an examination of your property and provided
this office with a report. In addition, an agent of the Adams County Natural Resources
Conservation Service office visited the property and submitted a report. Copies of the
reports are enclosed with this letter, as are copies of the photographs taken.
The agents of both of the agencies made the recommendations set forth in the
attached documents to correct the dust -blowing problems.
The steps outlined must be taken by you immediately. If you have questions, you
may contact Joyce Wallace of the West Greeley Conservation District at (970) 356-
8097.
As noted in the previous letter, under Colorado law, (C.R.S. § 35-72-102(b)), it is the
duty of the owner or occupier of any land in the State of Colorado to prevent soil blowing
from such land. Since soil has been blowing from your property, under the terms of
C.R.S. § 35-72-103(1), the Board of County Commissioners may order treatment of the
parcel to accomplish these recommendations. Any such treatment will be at your
expense.
May 8, 2009
Page 2
The Board will hear this matter at its regularly scheduled meeting on May 20, 2009, 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.
If you have any questions concerning this matter, please contact this office at 356-4000,
Extension 4394.
Assistant Weld County Attorney
pc: P. Brewer
West Greeley Conservation District
Enclosures
May 7, 2009
Stephanie Arries
Assistant Weld County Attorney
915 10°i St
PO Box 758
Greeley, CO 80632
Dear Ms. Arries,
As promised, here are the District recommendations, as well as findings by the West Greeley Conservation
District field staff when they visited the Hyett property on May 1, 2009
In summary, our recommendations are as follows:
• Do not allow any animals to run on the property, including dogs, until the soil is stabilized.
• Spread 30 to 40 tons of manure, per acre, of the heavy cattle feed lot type, not horse or sheep manure.
Other manure than cow manure, degrades into dust rather than maintaining its integrity in clumps.
• Allow time for plant life (probably weeds) and soil structure development.
• Contact a consulting agency to obtain reseeding and technical assistance. Our district is available at out
of district cost basis. As mentioned, anyone in our area can petition in to our district which would
provide extended benefits as well, with a nominal mil levy tax increase.
• Fencing structures are in jeopardy of collapse, so some stabilization needs to be established. Since we are
recommending spreading heavy manure and/or stacking straw or hay bales around the property line,
weeds and blown soil can be cleaned out of the fences, and fences rebuilt, which will reestablish their
integrity.
Once again, if you need any further assistance from us, please let us know. Will you be approaching the Hyett's
with our recommendations or do you want us to send them? Thanks for getting back to me on this.
Sincerely,
(sent via electronic transmission)
Joyce R. Wallace
District Manager
ONSERVATION
May 7, 2009
Stephanie Arries
Assistant Weld County Attorney
915 10'x' St
PO Box 758
Greeley, CO 80632
Dear Ms. Arries,
WEST GREELEY
CONSERVATION DISTRICT
4302 W. 9th St. Rd.
Greeley, Colorado 80634-1398
(970) 356-8097 Ext 3 • Fax (970) 351-0395
www.wgcd.org
As promised, here are the District recommendations, as well as findings by the West Greeley Conservation
District field staff when they visited the Hyett property on May 1, 2009
In summary, our recommendations are as follows:
• Do not allow any animals to run on the property, including dogs, until the soil is stabilized.
• Spread 30 to 40 tons of manure, per acre, of the heavy cattle feed lot type, not horse or sheep manure.
Other manure than cow manure, degrades into dust rather than maintaining its integrity in clumps.
• Allow time for plant life (probably weeds) and soil structure development.
• Contact a consulting agency to obtain reseeding and technical assistance. Our district is available at out
of district cost basis. As mentioned, anyone in our area can petition in to our district which would
provide extended benefits as well, with a nominal mil levy tax increase.
• Fencing structures are in jeopardy of collapse, so some stabilization needs to be established. Since we are
recommending spreading heavy manure and/or stacking straw or hay bales around the property line,
weeds and blown soil can be cleaned out of the fences, and fences rebuilt, which will reestablish their
integrity.
Once again, if you need any further assistance from us, please let us know. Will you be approaching the Hyett's
with our recommendations or do you want us to send them? Thanks for getting back to me on this.
Sincerely,
Joyce R. Wallace
District Manager
•
Dust Management Plan
Name: Dave Hyett
Address: 15225 WCR 49, LaSalle CO 80645
Contact Information: Dave — (303) 720-4146; James Hove (son) (303) 990-0350
Legal Description: Section 13, Township 3N, Range 65W of 6th P.M.
1. Brief description of the land. Past history and current use:
The West Greeley Conservation District personnel made a site visit to the property owned
by David B. and Carol J. Hyett on Friday May 1 2009 pertaining to a dust blowing complaint.
Mr Hyett claims they have been trying to reseed their pasture for 2-3 years and stated that they
have been working on getting rid of the weeds (puncture vine) and that is why they have nothing
at all growing in their pasture.
Mr. Hyett stated that their goal is to get some grass growing so that they could occasionally turn
the horses out to get some exercise. He indicated that he understood that this pasture of
approximately 7acres could never produce enough forage for the amount of livestock they have
on the property.
2. Future plans for the land:
It is assumed the land will ultimately be used to exercise their animals and for grazing if the
conditions and forage improve.
3. Current Conditions:
The number of animals far exceeded the property size (12.59 total acres) and condition, the horse
population was at 34 and numerous other species like llamas, cattle and dogs were also present.
There were 10 to possible 30 dogs on the property. All animals were locked up in pens and being
fed at the time of the visit, no animals were loose. We noted multiple ATV's (many of them
were child size) were also on the property. Mr. Hyett's son James Hove was living in a mobile
home on the property. According to Mr. Hyett James Hove was the caretaker of the property.
Mr. Hyett says that the horses belong to his son, who can't sell them because the market for
horses is currently so lousy. He mentioned that James was on medical leave.
The area directly behind the 2 residences (west) contains a number of paddocks and pens. Most
have horses in them, and when we were there the horses were being fed some moldy/ dusty hay.
Most of the horses were in good flesh, and there were several large bales of hay present. A few
horses were slim to thin, with ribs showing, but none looked as if they were being starved (yet).
In this area were also some large piles of composting manure.
The area directly west of the houses, consisting of approximately seven acres is referred to as the
"pasture", but there is no vegetation present in this pasture. The silt and blown sand has piled as
deep as 4 ft along the fence on the south boundary of this pasture. Walking through this area, it
is immediately evident that the soil type is predominantly sand. There is evidence of wind
West Greeley Conservation District Page 1 of 3
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erosion and because it had recently rained, there is also evidence of water erosion. There is also
evidence that quite a bit of manure may have been spread in this area. A soil test is
recommended to determine that there are not excess nitrates or salt buildup in the soil. The soil
types present are 69, 70 and 72. Here are the soil properties:
Prime
Soil # Name Texture Farmland
69 Valent Sand No
70 Valent Sand No
72 Vona Loamy Sands No
We have attached a soil map for reference.
4. Management Plan
• Spreading manure can be used effectively to control blowing dust but it needs to be heavy
chunks that contain and hold moisture such as feedlot manure. The manure is to be spread
over the entire field and not incorporated into the soil. The rate would be 30 to 40 tons
per acre. Horse manure is not recommended to be spread as dust control measures as it
turns to dust as it degrades.
• Windbreaks can be used also to minimize blowing in forms of silt fences installed around
the property as a temporary fix or placing old hay bales(presumably straw) in rows to
slow the northwest winds from hammering the loose soils. Space these rows 30 - 60 feet
apart and attempt to seed in the areas between these rows of straw bales.
It is important to note that a silt fence is not a permanent solution it is simply a band aid
on a problem. It may help to prevent blowing dust from leaving the property while more
permanent solutions are put in place.
• Rebuilding the soil structure is very important to ever get vegetation to grow.
Incorporating organic matter into the soil at a rate of 2 to 3 inches per year for several
years will help hold the soil together and and create a more favorable place for vegetation
growth. Organic matter in the soil also ensures a continuous food source for soil
organisms. As the organisms decompose the organic materials, they help maintain good
soil structure, making the soil a more favorable place for root development. The
decomposition process improves the soil structure by developing compounds that cement
small soil particles together into aggregates, allowing for both increased drainage and
moisture retention. Decomposition also changes the organic matter into inorganic
nutrients that can be used by growing plants.
• A cover crop is a temporary planting that protects the soil from wind and water erosion
and adds organic matter. Planting a cover crop such as sudan grass, millet or sorghum is a
option for preventing erosion and rebuilding the soil structure. Sudan grass would be the
most likely to survive in this soil type. The usual planting dates for cover crops are May
15 to June 30 and the seeds will require moisture to grow successfully. At this point any
vegetation including weeds would be better than bare soil. If the cover crop is successful
plant native grass into the stubble after November lSt. Suggested species: Sand drop
seed; prairie sandreed; sand bluestem; switch grass.
West Greeley Conservation District Page 2 of 3
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• All animals should remain locked up including the dogs and no ATV or motorcycle usage
should be done on the loose soil.
6. Monitoring:
The West Greeley Conservation District will monitor the property for improvement and
will be available for assistance or advice as needed. Due to the property not being located
within the district, cost share is not available. However the client does have the option of
petitioning into the district if they desire.
West Greeley Conservation District Page 3 of 3
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United States Department of Agriculture
O FRCS
Natural Resources Conservation Service
Brighton Service Center
57 W. Bromley Lane
Brighton, Colorado 80601-3025
.rVral COUNTY
ATTORNEY'S OFFICE
303-659-7004 - Office
303-659-1768 - Fax
www.co.usda.gov
April 30, 2009
The following are recommendations/options in regards to a request from Stephanie Arries,
Assistant Weld County Attorney. The request was for methods that could be utilized to control
soil blowing on land owned by David B. and Carol J. Hyett located in the 1ML-23 L23
MILTON LAKE ESTATES 1ST FILING EXC THAT PT LYING S OF A LN BEARING
S89D53'W WHICH IS 880'N OF SE COR OF SEC 13 3 65 15225 49 CR WELD. These
recommendations/options are non inclusive and may not represent all of the options available.
The soils in this field are approximately 80 to 85 percent fine sandy loams with the remaining
area being loamy sand. These soils are considered highly evadible and are subject to erosion by
wind.
Temporary Options:
• Option 1: Some mitigation of soil blowing can be accomplished by chiseling the field
perpendicular to prevailing winds. Prevailing winds in this area predominately come out
of the North, Northwest and move to the Southeast. The chiseled area should be 16 to 30
feet wide, depending on equipment available, and the depth of the chisel should be deep
enough to bring up soil clods if moisture conditions allow. There should be
approximately 30 to 50 feet left un-chiseled, and then another 16 to 30 foot area should
be chiseled. This should he continued across the entire field and should greatly reduce
soil blowing for a short period of time. If at such a point in time the soil again started
blowing, the part of the field left un-chiseled would need to be chiseled. If this option
does not significantly reduce soil movement, a different option would need to be
implemented.
• Option 2: Spread 30 to 40 tons per acre of weed free feedlot manure containing 50 to 60
percent of manure chunks six inches or larger over the entire field. Leave the manure
unincorporated on the soil surface.
• Option3: A silt fence around the field will reduce soil blowing onto the neighbor's
property, until another option is in place.
For all of these options it is recommended that livestock be removed from the field (whether in
corrals or sacrifice area) and kept off until such a time the field is no longer in a condition to be
susceptible to wind erosion.
Sustainable Options:
• Option 4: Plant sorghum, sudan grass or millet as a cover crop. The usual planting dates
for sorghum, sudan grass or millet is May 15 -June 30 or early May will be acceptable. If
enough growth occurs during the summer, this cover could be harvested for hay or grazed
The Natural Resources Conservation Service provides leadership in a partnership effort to help people
conserve, maintain, and improve our natural resources and environment.
An Equal Opportunity Provider and Employer
over winter. If haying or grazing does occur, enough crop residue should be left on the
soil surface to control soil blowing the following spring.
Long Term Option:
• Option 5: Remove livestock from this field and as soon as possible, plant a sterile variety
of forage sorghum or sudan grass at the rate of 8 to 10 pounds per acre into a weed free
seed bed. If needed, replanting can be done until July 15`h. I also recommend fertilizer to
this field. A soil test should be taken and fertilizer applied according to
recommendations. In lieu of a soil test, 20 to 30 pounds per acre each, of nitrogen and
phosphate can be applied to help insure adequate growth of sorghum or sudan grass crop.
This crop should not be grazed but allowed to grow undisturbed to maturity. Assuming
crop growth is adequate to protect against soil erosion, providing at least 2000 pounds
crop residue per acre, an adapted mix of native grasses can be drilled directly into the
standing sorghum/sundangrass. Drilling would occur from November 15, 2009 through
April 30, 2010. Livestock should be kept off the field until grasses are adequately
established; this is usually from 3 to 4 years. If this option is chosen, NRCS is available
to provide advice for a grazeable grass mixture suited to the existing soil and climatic
conditions. There is also a possibility, assuming eligibility criteria are met, that cost
share assistance maybe available to help defer the costs of purchasing and drilling the
grass seed. This would be through the Environmental Quality Incentive Program (EQIP).
Although the 2009 sign up period for this program was July 3, 2009, we are continuing to
take applications. Contact any NRCS Field Office, if interested.
Upon their request, I am willing to discuss this and provide what assistance I am able, to David
and Carol Hyett.
Karen Mandujano
Acting District Conservationist
sKerri
WF�YG
April 24, 2009
WELD COUNTY ATTORNEY'S OFFICE
915 TENTH STREET
P.O. BOX 758
GREELEY, CO 80632
WEBSITE: www.co.weld.co.us
PHONE: (970) 336-7235
FAX: (970) 352-0242
David B. Hyett and Carol J. Hyett
15225 Weld County Road 49
LaSalle, Colorado 80645
RE: Dust Blowing Complaint: Lot 23, less the South one-third, Milton Lake Estates First
Filing, County of Weld, State of Colorado, also known by street and number as 15225 Weld
County Road 49, LaSalle, Colorado 80645
Dear Mr. and Mrs. Hyett:
Please be advised that we attempted to contact you by mail April 14, 2009, at the address of P.O.
Box 543, Brighton, CO 80601-0543, which is the address on file at the office of the Weld County
Assessor; however, that mail was returned as not deliverable. A copy of that letter is enclosed.
The Board of County Commissioners of Weld County, Colorado has been informed by an officer
of the Weld County Department of Public Health and Environment that dust is blowing from the
above described parcel. According to the information received, the soil is being deposited on
surrounding properties located in Weld County, Colorado.
Please be advised that pursuant to C.R.S. § 35-72-102(b), 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 Adams County field office of the Natural Resources Conservation Service, agent Ms. Karen
Mandujano, has been contacted to inspect the property, to inform the Board of the results of the
inspection, and to provide any recommendations she may have for remedial measures to be
performed on the above -described property. Pursuant to C.R.S. § 35-72-103O), the Board of
County Commissioners may order treatment of the parcel to accomplish such recommendations.
Any such treatment would be at your expense.
If you have any questions concerning this matter, please contact this office at 356-4000,
Extension 4394.
eph.ni L. Afries
Assistant Weld County Attorney
Enclosure
Stephanie Arries
From:
Sent:
To:
Subject:
Attachments:
Bruce Barker
Friday, April 10, 2009 2:41 PM
Stephanie Arries
FW: Complaint
image001.jpg
Stephanie:
Please respond to Phil's message. Thanks!
Bruce.
Original Message
From: Phillip Brewer
Sent: Friday, April 10, 2009 2:39 PM
To: Bruce Barker
Cc: Trevor Jiricek
Subject: FW: Complaint
Bruce:
This message to you deals with another soil erosion problem that came to my awareness
weeks before the one did on WCR 32, in the Longmont district, that has already been
investigated by Boyd Byerich.
This message below from the Brighton Field Office of the USADA/NRCS was elicited from a
complaint that I originally received on February 25, 2009. The complaint was of severe
land erosion on 15225 WCR 49 resulting in massive dirt volumes blown onto adjoining
properties. The complainant did not fully identify himself to me, although I talked on
the phone with him (the caller ID was 303 255 6166, and he said his name was Frank). He
also asked for us to contact the land owners whose properties are adjacent to the problem
property.
I discovered when I went out to look at the property at 15225 WCR 49 that: 1) there was
no such address, &, 2) there are no properties around such a "virtual" address. I
attempted to call "Frank" at the # that was on the caller ID and discovered it is a number
at Qwest in Denver, and that a "Frank" probably works there but the person who answered
the phone would not summon him to the phone. I wanted to confirm the address that he gave
to me.
I then began to look more critically at the area and discovered the address was probably
15252 WCR 49. This address is a property that is SEVERLY eroded, and there are mounds and
ridges of displaced soils on adjacent properties. One of the nearby properties is owned
by a Frank Cassano who lives at 15315 WCR 49, just to the north of 15252 (this may be the
"Frank" who originally called me but who wants to remain anonymous).
The property on the south of 15252 is likely owned by the woman who was contacted by Karen
Mandujano, as referenced in the note below. In essence, the note is saying nothing has
1
been accomplished for addressing a soil erosion problem. I believe it is much more
severe (from my evaluation) than the one on WCR 32 near I25. The note below came as a
result of my suggestion to her (the complainant) to let Karen Mandujano know about the
impact on her. This complainant is also un-named, but I suspect it is the woman who lives
at 15097 WCR 49 (Duane Lutes owns this property). When I talked with her, I mentioned
that I had walked the oil service road from WCR 49 about a quarter of a mile west and
across one locked and one unlocked metal gates to a tank battery, so I could better see
the property in question. She said that she lives next to that oil road.
The property that is severely eroded and is the problem is owned by:
David B. Hyett & Carol J.
P.O. Box 543
Brighton, CO 80601-0543
Parcel # 121313401007
I have no idea who is renting or leasing the property. But, I suspect it is a
family/person who is allowing a large # of people to live on the property. There may be a
non-approved/permitted mobile home/recreational vehicle that is used for a living facility
on the property. There are a large number of animals on the property (horses, dogs, and
others) ---I don't know if this is a violation of animal units/acre regulation?
The problem is greatly impacting all the people around that area.
If you need more from me, please ask.
Phil
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From: Mandujano, Karen - Brighton, CO [mailto:karen.mandujano@co.usda.gov]
Sent: Friday, April 10, 2009 12:47 PM
To: Phillip Brewer
Subject: Complaint
Phil,
I went out to talk to one of the neighbors on CR 49. I told her that there is nothing
that I can do about the soil blowing from the neighbors. I can only make recommendations.
The County Commissioners are the enforcer on this. So, I suggested that she contact them
and make a formal complaint. However, I verbally made recommendations for her to keep the
dust off of her place and I will send her a hard copy. I have tried to contact the owners
of the property in question but I have never received a response. I understand the
situation but we have not legal authority to do anything about this. Again, this is a
very serious problem and it needs to be addressed by the county.
Karen Mandujano
Soil Conservationist/Colorado BEPM
USDA/NRCS
Brighton Field Office
57 West Bromley Lane
Brighton, CO 80601
Phone: 303-659-7004
Fax: 303-659-1768
Email: karen.mandujano@co.usda.gov
Hatred paralyzes life; love releases it. Hatred confuses life; love harmonizes it.
Hatred darkens life; love illuminates it.... Martin Luther King , Jr.
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FINDINGS FOR DUST BLOWING CITATION PURSUANT TO SECTION 35-72-103, C.R.S.
Pursuant to Section 35-72-103(1), C.R.S., the Board of County Commissioners of Weld County,
Colorado, may issue a citation to the owner and/or occupier of lands from which dust is blowing,
specifying the nature of treatment required, the extent thereof, the date by which such treatment is
to be commenced, and the date it is to be completed. In order to issue such a citation, the Board
must find the following facts:
1. That soil is blowing from the land in sufficient quantity to be injurious to private property
including, but not limited to, crops, grasslands, fences, fence rows, irrigation canals, ditches,
or livestock on adjacent or other land, or to roads, borrow ditches, fences, or other public
property.
2. That an emergency exists.
3. That the operation has been in existence for less than one (1) year; or if the operation has
been in existence for more than one (1) year, then one of the following:
a. The operation was a nuisance at the time the operation began; or
b. The operation is negligent; or
c. The operation has been changed so that it now results in a public or private nuisance;
or
d. The operation has substantially increased in size.
4. That such blowing can be prevented or materially lessened by treatment of the soil.
5. That property damage appears to be resulting from soil blowing.
The Board must then specify what treatment will prevent or materially lessen the soil blowing, and
then state the date by which such treatment is to be commenced, and the date it is to be completed.
M:\ W PFILES\FORM\BLO W CITE.DB
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