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Home My WebLink About880246.tiff RESOLUTION RE: APPROVE ACTION OF BOARD CONCERNING DUST BLOWING COMPLAINT AGAINST HALLEY CARROLL 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, at its meeting of April 4 , 1988 , the Board considered a dust blowing complaint from Hollis Chilson concerning property owned and/or operated by Halley Carroll, said property being located in the SWI , Section 19 , Township 4 North, Range 68 West of the 6th P.M. , Weld County, Colorado, and WHEREAS, the Board, after considering the evidence and testimony presented concerning this complaint, found that no emergency exists at this time, and the soil from said property is not blowing in sufficient quantity to be injurious to private property. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld County, Colorado, that the dust blowing complaint against Halley Carroll concerning the property hereinabove described, be, and hereby is, dismissed. The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 4th day of April, A.D. , 1988 . c,14771 BOARD OF COUNTY COMMISSIONERS ATTEST: ^7t'ti`� tinJ WE COUNTY, COLORADO Weld County Clerk and Recorder .K X/L!4 ili air -- and Clerk to the Board Gene1?R. Brantner, Chairman ai�J C.W. Kirby, Pr Tem eputyxCountyIerk APPROVED S TO FORM: Jacqu ine nson EXCUSED C / Goac1on $3 Lacy fJ County Attorney °^ Frank 1amag chi+ LX O001 g ? �4'u .„ 880246 v ' S, , If:1 ,2' �� OFFICE OF COUNTY ATTORNEY PHONE(303) 356-4000 EXT.4391 P.O. BOX 1948 GREELEY, COLORADO 80632 t{}�[i. iL r VY 3 COLORADO March 28 , 1988 Big Thompson Soil Conservation District c/o Frank Riggle 2625 Redwing, Suite 250 Fort Collins , CO 80526 RE: Dust Blowing Complaint for Property Located in Southwest Quarter , Section 19 , Township 4 North, Range 68 West of the 6th P .M. , Weld County, Colorado. Dear Mr. Riggle : As per our telephone conversation of Friday, March 25 , 1988 , the Board of County Commissioners has received a dust blowing complaint for property located in Southwest Quarter of Section 19 , Township 4 North, Range 68 West of the 6th P.M. , Weld County, Colorado. It is my understanding that a member of the Big Thompson Soil Conservation District will inspect the property and report back to the Board. The report will include what the inspection revealed and will recommend remedial action tc 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, April 4 , 1988 . Therefore, I would like to receive this report as soon as possible so that I may confirm the complaint and have the information ready for the Board ' s hearing. If you should have any questions cr comments concerning this letter, please feel free to call me at 356-4000 , extension 4391 . Very truly yours , ,_r- r. :.t - - Bruce T. Barker Assistant County Attorne'- BTB: ss 880246 LEI OFFICE OF COUNT'( ATTORNEY PHONE(303)356,4000 EXT. 4:101 P.O. BOX 19 c) GREELEY, COLORADO 80632 Y� ]� t r COLORADO March 28 , 1988 Hollis Chilson 20219 Weld County Road 3 Berthoud , CO 80513 RE: Dust Blowing Complaint for Property Located in Southwest Quarter , of Section 19 , Township 4 North , Range 68 West o_` the 6th P .M. , Weld County, Colorado Dear Mr. Chilson: Thank you for calling in a dust blowing complaint on March 24 . 1988 . Your complaint concerns property located in Southwest Quarter, of Section 19 , Township 4 North, Range 68 West of the 6th P.M. , Weld County, Colorado . According to Your complaint, dust has been blowing from the parcel and has caused damage as a result. I respectfully request that you provide the Board of County Commissioners with a note or letter describing the following: 1 . Your name , address , and phone number. 2 . The extent of the dust blowing and the legal description or other description of the location -of the parcel from which the dust is blowing. 3 . The name cf the owner of the parcel . 4 . The damage to public or personal property caused by such dust blowing. I know that the above listed information seems superfluous , but the Board must have this information in written form from the complainant in order for the complaint tc proceed. Please send the note or letter to : Clerk to the Board of County Commissioners of Weld County, P . C. Box 758 , Creeley, Colorado 80632 . It is important that the Clerk to the Board receive this letter or note as soon as possible . 880246 Based upon the information supplied in your telephone call, the Board of County Commissioners has asked for an inspection of the subject parcel. The inspection will determine the extent and effect of the dust blowing. The Board of County Commissioners will hear the matter of the dust complaint after it has received your note or letter. The hearing will be on Monday, April 4 , 1988 , at the Board ' s regularly scheduled Board meeting at 9 : 00 a.m. The hearing will take place in the Board ' s First Floor Meeting Room, Centennial Center Complex, 915 Tenth Street, Greeley, Colorado . The Clerk to the Board ' s Office will be sure to confirm with you the date of that hearing so that you may be in attendance to testify as to the extent and effect of the dust blowing. If you should have any questions or comments concerning this letter, please feel free to call me at 356-4000 , extension 4391 . Very truly yours , . Bruce T. Barker Assistant County Attorney BTB : ss 66\1246 4 OFFICE OF V\,'ELD COUNTY CLERK AND RECORDER - ' 4. 4225 PHONE (303) 356-4000 EXT)O R .. �, P.O. BOX 7582 o t59 �• C March 28 , 1988 GREELEY, COLORADO 80631 COLORADO Halley Carrel 19858 Weld County Road 1 Berthoud, Colorado 80513 RE : Dust blowing complaint for property located in SW} , of Section 19 , Township 4 North, Range 68 West of the Gth P.M. , Weld County, Colorado Dear Mr. Carrol: The Board of County Commissioners cf Weld County, Colorado, has been informed that dust is blowing from a parcel of land owned or 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 (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 of Monday, April 4 , 1988 , 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 has requested an inspection of the above-described property. The inspector will be present at the meeting in order to inform the Board what his inspection revealed and recommend treatment of the property. Pursuant to Section 35-72-103 (1) , C .E.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 the County Attorney ' s Office, 356-4000 , ext. 4391 . Very truly yours, Mary Ann Feuerstein Weld County Clerk and Pecorder By: N. 7n rLw ( %; «i Deputy County Clerk \ 880246 Th DATE : • a Li I971,--- TIME : : I ' ,r - DUST COMPLAINTS • Name , Address , and Telephone Number of Complainant: U c i \ \ ‘, l4py. Description of Property Fromk;WN.cch„ Dust is Blowing: • o �}4,-.4-1., - r (.� (t ,. w., - -L L,,.-E 4c , 4-L mss` N. sr rr ) `` txDe cri_o Ition of Damage to Public or a 1Privte Property: ,-- +• ! O4) ��v._. -#— ,N... V a.---e--4:'..-- . _/ e, Jr"Jr ;x.i I..r v• e-:v ,I . 1 .., .9 -Name, Address , and Telephone Number of Owner or Operator of r 9 ()Property: - C9 g ( 6.i.' a1 Cra ( Y to dr' 7 t �� bther J I, I .'\i' N Information: s . ,,., 1.......e..„ , c �� ( I.._>, CpY r r- „ f rk Follow-up: , - ,Y r P/. , ASK THE COMPLAINANT TO PUT THIS INFORMATION IN WRITING AND SEND THE SAME TO: CLERK TO THE 'BOARD , P . O . BOX 758 , GREELEY , CO S0632 . 880246 BIG THOMPSON SOIL CONSERVATION DISTRCIT 2625 Redwing Rd . , Suite 250 Fort Collins , Colorado 80526 Phone ( 303 ) 223-0960 Weld County Board of Commissioners "� co Bruce T . Barker Assistant County Attorney APR 0 41988 Office of County Attorney P.O. Box 1948 Greeley , CO 80632 March T 1988 RE : Phone Conversation About Dust Blowing Complaint , Weld County Mr . Barker : In regards to the dust blowing complaint from Hollis Chilson on Halley Carol . Gene Ostermiller and John Lebsack , Big Thompson Soil Conservation District Supervisors visited the site Friday , March 25 and Saturday March 26 , 1988 to review the problem and make recommendations . The field in question has been worked this weekend to roughen the soil surface . In the District ' s opinion the emergency tillage that can be done has been accomplished . This situation was discussed with both Mr . Carol and Mr . Chilson . Other fields to the northwest of the blowing field are also having problems , which may be adding to the erosion hazard . According to Mr . Chilson , this particular field has had problems in the past . The District will follow-up with Mr . Carol to see if he wishes assistance with conservation measures and to develop a conservation plan to help control erosion in the future . S ' ncerely , John Lebsack District President cc : USDA-Soil Conservation Service , Fort Collins Field Office 880246 880246 Subject: Blowing dirt and dust. Chilson VS Carroll Answers to Commission hoard questions 1. Name and address of violated property owner: Hollis Chilson 20219 W,C RD 3 *'' �., -L., Of f� Berthoud, CO ' APR 4 ig88 l 80513 phone I GI } 532-2306 cr1/4" . _ cot._'°''�...� 2. Extent of blowing dust & decrition of offending Property: Dirt and dust, blew onto my property from an 80 acre field bordering my property on the west. It partially filled an irrigation ditch, and generally added soil to my fields. Also partially buried the border fence. This happened on Mar, 24 and 25 1988. In my opinion this is rather late in the spring, for this type of high wind. I realize that the fields are being worked at this time of year, although Mr, rarroll had not worked his immediately before the high wind. Consequently I am not greatly concerned about this particular incident. My concern is that nearly every year, for the past 20 years, during January and February I get something blowing off of that particular field. Scxu times weeds but most times dirt and dust. I think with the right kind of management this could be stopped. Mr Carroll just doesn't seem to be amenable to any suggestion. 3. Name of offending property owners. Mr, Halley Carroll 4. Damage to property by blowing dust. I got dust in my buildings, including the house. Dirt on pasture and alfalfa field, plus partially filled irrigation ditch. In addition to the above, during heavy rains and run off, a lot of dirt is washed onto my property. 880246 5" v ‘oafiT7f0 T 0 WIZ LO c Cc Ans;iadu 8oARO UNITED STATES Soil 2625 Redwing Rd . , Suite 250 DEPARTMENT OF Conservation Fort Collins , Colorado 80526 AGRICULTURE Service Phone ( 303 ) 223-0960 Weld County Board of Commissioners c/o Bruce T. Barker Assistant County Attorney Office of County Attorney F .O. Box 1948 Greeley , CO 80632 April 8 , 1988 RE: Dust Blowing Complaint , Weld County Mr . Barker : In regards to the dust blowing complaint from Hollis Chilson on Halley Caroll . Gene Ostermiller and John Lebsack , Big Thompson Soil Conservation District Supervisors attended the County Commissioner ' s hearing April 4 , 1988 . At the Big Thompson Soil Conservation District board meeting April 5 , 1988 , we discussed the request from the Commissioners to assist Mr . Caroll with recommendations to help control future dust blowing problems . I received a phone call April 7 , 1988 from Clarence Rickman . He is negotiating with Mr . Caroll to buy the property in question , and is requesting our assistance to develop a seeding plan to plant the field to permanent cover . If this occurs it may be the solution to future dust blowing problems . According to Mr . Rickman , Mr . Caroll is planning to seed to dryland barley this spring . I have been trying to contact Mr . Carol ] to set up an appointment to discuss developing a conservation plan . I will follow through with Mr . Caroll and , if the sale proceeds , with Mr . Rickman to develop a conservation plan . Planting the field to dryland barley should provide cover for this growing season . We will try to get a long range conservation plan developed with either Mr . Caroll or Mr . Rickman by June 1 , 1988 . Sincerely , triln Frank: R . Riggle ' APR111988 District Conservationist cc : Big Thompson Soil Conservation District 886246 FINDINGS FOR DUST BLOWING CITATION PURSUANT TO SECTION 35-72-103, CRS Pursuant to Section 35-72-103(1 ) , CRS, 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 he 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 iucluding, 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. p L >>> �-+ t.a,�Q.n C 'r" "^-• 'L-n�n�J c �a-C- D"" 75. O.L.s� ¢ n �` .-,-...� ..�,�-✓/J 'T�1�. 3. That the operation has been iu 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; m,tis_ b. The operation is negligent ; c . The operation has been changed so that it now results in a public or private nuisance ; d. The operation has substantially increased in size. `'XL° 4. That such blowing can he prevented or materially lessened by treatment of the soil. n- Y. t,'4-�Q O.L,�(i..-rtj it�pL�J�L.C{l Cel an o f—•'�Q Ls- r-ut 4- //Lt / /1-a�-.a-k'-- o2 L, /98{'//Fr / 5. That property damage appears to be resulting from soil blowing. 0 -4-t2D-a t _&_ ,{ J 4-P_Q. j- ,a�..a. 0.-Q. lt.�f.4_ .t. A---a1..�z... 0 cJe e Yti . 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. ',62zinee —yet- 880246 17yrg Lu . (. re L , ,�,�� , C° eo . 9 0s'i Hello