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Home My WebLink About880302.tiff RESOLUTION RE: DETERMINATION OF THE BOARD CONCERNING DUST BLOWING COMPLAINT AGAINST PHILANDER VANNOY 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 received a complaint concerning dust blowing from property located in the SE* of Section 11 , Township 6 North, Range 65 West of the 6th P.M. , Weld County, Colorado, said property owned by Philander Vannoy, and WHEREAS, pursuant to Section 35-72-101 , CRS, the Board caused an inspection of the property, said inspection being made by the Soil Conservation Service, and WHEREAS , pursuant to such complaint and inspection, a hearing was held on the 11th day of April, 1988 , and WHEREAS, at said hearing, the matter was continued to allow Mr. Vannoy to work with Ron Miller, Soil Conservationist, on further treatment plans , and WHEREAS, at the Board meeting of April 25, 1988 , it was reported that certain measures have been taken to alleviate the immediate dust blowing from said parcel, with long-term measures to be taken by Mr. Vannoy; therefore, the Board determined that no Order be issued concerning the above described parcel. NOW, THEREFORE, BE IT RESOLVED that the Board of County Commissioners of Weld County, Colorado, did Find that no Order be issued to the operator of owner of the above described parcel of ground concerning dust blowing from said parcel, because an emergency no longer exists and there is not sufficient blowing to cause damage to public or private property, as required by Section 35-72-103 (1) , CRS. 4:70t9i9 '° s ' d� 880302 Page 2 RE: DUST BLOWING - VANNOY The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 25th day of April, A.D. , 1988 . I�r t. illeun T4 ,J BOARD OF COUNTY COMMISSIONERS ATTEST: / Wj/)I{C OUNTY, COLORADO Weld County Clerk and Recorder jk �i(�lict and Clerk to the Board Gene R. Brant er, Chairman EXCUSED DATE OF SIGNING - AYE Y: C.W. Kirby, Pro-Tem Deputy County lerk APPROVED AS TO FORM: Ja• qu ' nson -71-2;227a42 G County Attorney , ��(w' Frank Yamaguchi 880302 WARRANTS: Don Warden presented the following warrants for approval by the Board: General fund $129,928.32 Social Services 6,803.00 Handwritten warrants: General fund 3,586.16 Commissioner Lacy moved to approve the warrants as presented by Mr. Warden. Commissioner Kirby seconded the motion which carried unanimously. BUSINESS: OLD: _CONSIDER DUST BLOWING COMPLATNT ON PROPERTY IN SE}, S11 . T6N, R65W - PHILANDER VANNOY (CONT. FROM 4/11/88) : Bruce Barker, Assistant County Attorney, said Dave Becker, of the Road and Bridge Department, inspected the borrow pits and said Mr. Vannoy had cleaned the ditches and taken some measures on the property to alleviate the dust blowing. Mr. Barker said Mr. Vannoy has complied with the short term treatment and is to meet with Ron Miller, Soil Conservationist, to work on the long term treatment. (TAPE CHANGE #88-19) Commissioner Kirby moved to continue this matter to April 25 to allow the Soil Conservationist to submit a report concerning this property. Commissioner Yamaguchi seconded the motionand it carried unanimously. NEW: CONSIDER RESOLUTIONS RE: TEMPORARY CLOSURE OF WCR 33 BETWEEN WCR 70 AND 72; AND WCR 70 BETWEEN WCR 43 AND 45: Commissioner Lacy moved to approve said Resolutions. Seconded by Commissioner Johnson, the motion carried unanimously. CONSIDER RESOLUTION RE: REAPPOINTMENT OF LARRY JORGENSEN TO BUILDING TRADES ADVISORY BOARD: Commissioner Johnson moved to approve this Resolution reappointing Larry Jorgensen to the Building Trades Advisory Board, with his term to expire April 10, 1989. The motion, which was seconded by Commissioner Lacy, carried unanimously. CONSIDER RESOLUTION RE: CANCELLATION OF OUTSTANDING ACCOUNTS RECEIVABLE FOR AMBULANCE SERVICE, IN AMOUNT OF $11,581.05: Commissioner Lacy moved to approve this Resolution concerning the cancellation of outstanding accounts receivable for the Ambulance Service. Commissioner Johnson seconded the motion and it carried unanimously. CONSIDER RESOLUTIONS RE: CANCELLATION OF SOCIAL SERVICES WARRANTS FOR FEBRUARY, IN AMOUNT OF $2,854.20; AND MARCH, IN AMOUNT OF $5,163.25: Commissioner Lacy moved to approve these Resolutions cancelling certain Social Services Warrants for February and March. The motion was seconded by Commissioner Kirby and carried unanimously. CONSIDER RESOLUTION RE: APPLICATION TO PUBLIC UTILITIES COMMISSION CONCERNING INSTALLATION OF RR. CROSSING SIGNS AT WCR 16: Lee Morrison, Assistant County Attorney, said that although Federal funds have been applied for to install proactive devices at this railrcad crossing, an application must be made 880302 BUSINESS: NEW: CONSIDER HEAD START SUPPLEMENTAL GRANT APPLICATION AND AUTHORIZE CHAIRMAN TO SIGN: Commissioner Kirby moved to approve the Head Start Supplemental Grant Application and authorize the Chairman to sign. The motion was seconded by Commissioner Lacy and carried unanimously. CONSIDER DUST BLOWING COMPLAINT ON PROPERTY IN SEI, 511, T6N, R65W - PHILANDER VANNOY: Bruce Barker, Assistant County Attorney, made this of record. Ron Miller, District Conservationist, was not present but submitted recommendations concerning this parcel. Mr. Vannoy was not present, but he had contacted Mr. Miller asking what steps were recommended to correct the dust blowing from his property. Mr. Vannoy also called Mr. Barker and Chairman Brantner and assured them that he would take the necessary action to correct the dust blowing. Mr. Barker said the property was inspected by Road and Bridge personnel, and Mr. Vannoy has cleared the borrow pits. Commissioner Lacy moved to continue this matter to April 18, to see if the recommended procedures have been followed. Commissioner Kirby seconded the motion and it carried unanimously. CONSIDER DUST BLOWING COMPLAINT ON PROPERTY IN EWE}, 528, T6N, R66W - DAVID & KATHERINE KNAUS: Mr. Barker said the Road and Bridge Department submitted this complaint against David and Katherine Knaus because dust is blowing into the borrow pits along Weld County Road 31 in the above mentioned area. Commissioner Kirby said he had received a call concerning this parcel, and he had also gone there to do an inspection and found that the matter has not been resolved. Neither David nor Katherine Knaus was present nor represented. Mr. Barker said Ron Miller had submitted a letter with recommended emergency treatment of this parcel to stop the dust blowing. Commissioner Lacy moved to Find that soil is blowing from the land in sufficient quantity to be injurious to private or public property, that an emergency exists, that the operation has been in existence for more than one year and is negligent, that such blowing can be prevented or materially lessened by treatment of the soil, and that the property damage appears to be resulting from soil blowing. Included in the motion was that the Order state that the recommended emergency treatment be accomplished by April 18. Seconded by Commissioner Kirby, the motion carried unanimously. CONSIDER RESOLUTION RE: TEMPORARY CLOSURE OF WCR 55} BETWEEN WCR 388 AND 58} : Commissioner Lacy moved to approve this Resolution ��c7TA2 concerning the temporary closure of Weld County Road 55} between o_ A IRE n.,a SRS . Commissioner Kirby seconded the UNITED STATES Snil 4302 W. 9th St . Rd . DEPARTMENT OF Conservation Greeley , CO 80634 AGRICULTURE Service ( 303 ) 356-6506 April 8 , 1988 Bruce T. Barker Assistant County Attorney Weld Co . P.O. Box 1948 Greeley , CO 80632 SUB2�:�.._ CT: Dust blowing rnrap 13 ' rt f; 1 /4Section 1 ' _F-65 Dear 3ruce : On 4/7/88 , I inspected the property cited above and did find that wind erosion had occured from the Property in SE1 /4 SE1 /4 11 -5-65 . There : s evidence of wind blown soil material in the property fence and in the west barrow ditch of WCR 47 , for approximately 800 feet . No action has been taken to provide treatment to stop soil blowing . Recommended treatment would be to provide emergency tilla a to rougher P soil surface. Tillage should be deep enough to pull up cloddy material . Manure in excess of 20 ton/acre with 60% chunk greater than 5 inches in diameter may also be applied to lesser. surface soil blowing . Please find the attached Emergency tillage guide sheet . Soils on the property are Thedalund loam 0-3% slopes, which has WEG 4 and would be treated according to those guidelines . If you have further questions please contact me at 356-6506 . Sincerely , (:::::=1:2) Gre".E" ,L.-C rc. Ronald D. Miller District Conservationist RDM/gg attachments 8803n-2 b -; ','a.zr. ',**4 I. 1 .,icaniv .39dF r/A"f1YM .. V g5q x i did l ,Ili�. *i, t Q[t 1 { - a Ik -. S •.._ .�4 4 1. i tta_ Irk / ` ri INS l �� • A irfl_ - .i If + / } R Y try Y v.- I�1 ` V C Y } CC „ il y 4 "` t., ‘ . t Al' 0 • • Z•• •'*. A. x .� w, r`- ` '.">%,,, � yc •' \_ 4 . +r > �� Q // phi\ F �.a �+ 1 4. rr it �" _'4 \ ^'__, ' a d a- . ... l l \ +1 s a •� yda• ?t', r' I 6.� ;L + .'+ ,•, 4. i , , ,Y ��y h XIeRr A _i ♦ ,j lc, -tinaNa.,_ )It vAy 1 u i _ /' Lit84k 1� n • UNITED STATES DEPARTMENT OF AGRICULTURE Technical Guide Soil Conservation Service Section IV Colorado All Field Offices May 1983 STANDARDS AND SPECIFICATION EMERGENCY TILLAGE (Acre) 365 Standard Definition Roughening the soil surface by such - 3. Chiseling will be done to a methods as listing, ridging, duck- minimum depth of four inches. footing, or chiseling. (This practice Listing must leave a ridge at is considered an emergency least six inches above the conservation measure and does not furrow bottom. provide long-term benefits.) 4. Discs, which further pulverize Purpose the soil, will not be used. To temporarily protect cultivated land 5. Field Office specifications against soil loss primarily due to will also list: wind during critical erosion periods. a. Spacing for various tools Where applicable for soil groupings. On cropland that is in immediate b. Any additional requirements danger of being eroded by wind because for a satisfactory of insufficient residues, cloddiness, application of the or roughness; or where other practices practice. fail to control erosion. Specifications 1. This practice must be applied before wind erosion begins or immediately after the first movement of soil is observed. 2. Surface soils coarser than sandy loam will be worked with a lister type implement. Heavier soils will be worked with listers or chisels. TGN #207 • 8803P2 EMERGENCY TILLAGE (Code 365) (May, 1982) Greeley Field Office Specifications: Tillage specifications will be based upon the following soil groupings by Wind Erodibility Grouping (WEG). WEG 1 & 2: Very fine, fine and medium sands to loamy very fine and fine sands Implements: Chiseling for emergency tillage is not recommended. LISTERS should be used exclusively for this soil grouping. 8"-14" lister bottoms should be used Optimum spacing will be 24"-48" respectively, to depths of at least 6" or greater. Depth will depend on subsurface moisture and should be worked to a depth adequate to produce clods and a 6" effective ridge height after tillage. Tillage shall be performed at right angles to prevailing winds when possible. In most cases, prevailing erosion winds are from the northwest traveling to southeast. All tillage operations should be performed at speeds of 2 to 4 miles per hour. Speeds above this range will induce soil pulverization. WEG 3: Fine, medium and course sandy loams Implements: LISTERS - 8-14" lister bottoms with 24-48" spacing 6-8" tillage depth or at depth which will produce a 6" effective ridge tillage speed: 2-4 m.p.h. CHISEL PLOW: - plow with 2-4" twisted points with 24-30" spacing 8-10" tillage depth or deep enough to produce clods tillage speed: 2-4 m.p.h. WIDESPACE CULTIVATOR or HEAVY DUTY CULTIVATOR - 6-8" V-shaped sweeps with 24-42" spacing 4-6" tillage depth or to depth needed to produce clods tillage speed: 2-4 m.p.h. Tillage shall be performed at right angles to prevailing winds when possible. In most cases, prevailing erosion winds are from northwest to southeast. 8803:22 2 (Emergency Tillage, Code 365, CONTINUED) WEG 4, 6 & 7: Clays, silty clays, silt loams, clay loams, silty clay loams, silts Implements: CHISELS: 2-4" standard point chisel plow with 24-48" spacing 4-8" tillage depth or depth necessary to produce clods tillage speed: 2-4 m.p.h. Twisted point chisels will also be satisfactory. HEAVY. DUTY CULTIVATOR: Field Cultivators with widths of 4-8" may be used with spacing of 16-36" 4-8" tillage depth or depth sufficient to produce clods SUBSOILER: Subsoilers will probably be adequate to provide a roughened surface to prevent blowing. However, field investigations should be made to determine if standard spacing and cloddy surface produced will be adequate to prevent further soil movement. Tillage speed should be maintained at 2-4 m.p.h. Tillage should be performed at right angles to prevailing, damaging winds. In most cases, damaging winds are northwest to southeast. WEG 5: Loams, sandy clay loam, sandy clays Implements: CHISELS: 2-3" twisted point chisels are preferred at a spacing of 24-48" 6-8" tillage depth or a depth necessary to produce clods WIDE SPACE OR HEAVY DUTY CULTIVATOR: 2-6" field cultivator should be adequate with 24-48" spacing 4-8" tillage depth or sufficient depth to produce clods Tillage speed should be maintained at 2-4 m.p.h. Tillage should be performed at right angles to damaging winds. GENERAL: A sufficient or an adequate clod size will be in the 3-6" range. MOISTURE REQUIREMENTS: Usually in WEG 3, 30-35% plus moisture of field capacity will be required to produce clods. For WEG 4 thru 7, 25% plus moisture of field capacity will be necessary to produce clods. If climatic and wind conditions persist, procedures may have to be repeated to pre- vent further erosion damage. Inspections should be made prior to second operation to determine moisture %. 8803' 2 _; a \�� OFFICE OF 'J,'LLD COUNTY CLERK AND RECORDS: -w 42 PHONE: (303)735586-41,00 EXT.3R}. M r t P.O. Box . �4n Rah ' "T;-q "' GREELEY, COLORADO 80631 : ry April 5 , 1988 IDe COLORADO Philander Hartwell Vannoy P.O. Bcx 78 Lucerne, Colorado 80646 RE: Dust Blowing Complaint for Property Located in SE* of Section 11 , Township 6 North, Range 65 West of the 6th P .M. , Weld County, Colorado Dear Mr. Vannoy: 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 information received, the soil is moving from said parcel and is causing damage to surrounding properties. Pursuant to Section 35-72-102 (b) , C.P..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, April 11 , 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 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.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 the Weld County Attorney' s Office , 356-4000 , ext. 4391 . Very truly yours , Mary Ann Feuerstein Weld County Clerk and Recorder By: \ ! '"7/�,:, ,k (-Tr.1", r, Deputy County Clerk \ ,: ` OFFICE OF CCU) COUNTY CLERK AND RECORDED \ ‘ P 0 422 PHONE: (303) 356-4000 EXT.8YO\ P.O. Box 758 Kcamaxcxslg; GREELEY, COLORADO 80631 " © April 5 , 1988 COLORADO Philander Hartwell Vannoy 2791 South Reed Denver, Colorado 80227 RE: Dust Blowing Complaint for Property Located in SE} of Section 11 , Township 6 North, Range 65 West of the 6th P .M. , Weld County, Colorado Dear Mr. Vannoy: 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 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 on Monday, April 11 , 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 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.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 the Weld County Attorney' s Office, 356-4000 , ext. 4391 . Very truly yours , Mary Ann Feuerstein Weld County Clerk and Recorder By: 71�,�� -/� � D putt' County Clerk. 8S03; '2 l V OFFICE OF WELD COUNTY CLERK AND RECORDER 422 PHONE: (303) 356-4000 EXT.} C P.O. Box 758 GREELEY,Y, COLORADO 80631 O March 30 , 1988 COLORADO Philander Hartwell Vannoy Rt. 1 , Box 141-B Eaton, CO 80615 RE: Dust Blowing Complaint for Property Located SEI of Section 11 , Township 6 North, Range 65 West of the 6th P.M. , Weld County, Colorado Dear Mr. Vannoy: The Board of County Commissioners cf Weld County, Colorado, has been informed that dust is blowing from a parcel of land owned 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 on Wednesday, April 6 , 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 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.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 the Weld County Attorney' s Office, 356-4000 , ext. 4391 . Very truly yours , Mary Ann Feuerstein Weld County Clerk and Recorder I puty County Cle 880302 .. , oY x� ry f. {,.r i •'.I . t I k� _ r 1 , ti =*".:Yft; -, "` 4 a _ r ,; . r, i�r r �1 a A.4 ,ii„, G*+- r '-- ' �•... • gar , may' ti : s x -...;--,t-,.#,-,,,:4*-: i y i ..r a.� t .:� a•t i, 2 , ,., .11F- s - Y as .4r-, ''^ .r.`�, -. • . .'ss 1 ra r' ` � a ,; r f - I _ .._ ' e' rv34... * wu►. yt _r _ se`- ¢ P R a , •r` , Hello