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Home My WebLink About880404.tiff RESOLUTION RE: APPROVE FINDINGS CONCERNING NON-COMPLIANCE OF PLOWING PERMITS #83-5 AND #83-6 - PAUL HNIZDIL 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 , on March 30 , 1983 , Plowing Permits #83-5 and #83-6 were issued to Paul Hnizdil, and WHEREAS, the Board of County Commissioners of Weld County, Colorado, has been informed that Mr. Hnizdil has failed to comply with the Conservation Plans contained in said Permits , and WHEREAS , at its meeting of May 23 , 1988 , the Board considered the testimony and evidence which was presented concerning said non-compliance, and WHEREAS, Paul Hnizdil was present at said meeting, and WHEREAS, after consideration the Board did Find that Paul Hnizdil has substantially deviated from the terms and conditions of Plowing Permits #83-5 , specifically that an area of approximately 34 acres not included within the permit has been plowed; and #83-6 , specifically the crops have not been stripped as set forth in the Conservation Plan, and WHEREAS , upon such Findings, the Board has determined that Plowing Permit #83-5 is Ordered to be amended pursuant to Ordinance #108-A, and WHEREAS, the Board has further determined, concerning Plowing Permit #83-6 , that Mr. Hnizdil be allowed to leave the crop in as it presently is for this year; and next year he is to plant a spring crop in the strips required by the Conservation Plan, with the remaining portion to be summer fallowed. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld County, Colorado, that Paul Hnizdil is in violation of Plowing Permits #83-5 and #83-6 . BE IT FURTHER RESOLVED by the Board that Paul Hnizdil shall come into compliance of said Permits by amending Plowing Permit #83-5 pursuant to Ordinance #108-A and follow the Conservation Plan as originally set forth for Plowing Permit #83-6 . 5 /; 880404 Page 2 RE: FINDINGS - PAUL HNIZDIL BE IT FURTHER RESOLVED by the Board that Paul Hnizdil be allowed to leave the crop in as it presently is for this year; and next year he is to plant a spring crop in the strips required by the Conservation Plan, with the remaining portion to be summer fallowed. The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 23rd day of May, A.D. , 1988 . • BOA D OF COUNTY COMMISSIONERS ATTEST: �� WE'' D COUNTY, COLORADO Weld County Clerk and Recorder /it mac/ and Clerk to the Board Gene R. Bra ner, Chairman �BYE4ry,_,_0J ) C.W. Kir y, Pr Tem Deputy County Clerk APPROVED AS TO FORM: •jacqu: i>e ns• iJ / // r•�•o rcy i County Attor ey Frank amagichi 880404 UNITED STATES Soil 4302 W. 9th St . Rd . DEPARTMENT OF Conservation Greeley , CO 80634 AGRICULTURE Service ( 303 ) 356-6506 Bruce Barker Asst . Weld County Atty . P .O. Box 1948 Greeley , CO 80632 May 20, 1988 Subject : Non-Compliance of Plowing Permits 83-5 , 83-6 Paul Hnizdil Mr . Barker : Mr . Paul Hnizdil was issued permits 83-5 and 83-6 with an approved and filed West Greeley Soil Conservation District conservation plan . The plan contained field striperopping fields 1 and 3, cross-slope farming on field 2 , conservation cropping system and crop residue use . Mr . Hnizdil is out of compliance . He has never established the striperopping as stated in the plan . A photographic slide indicates there is approximately 36 ac . of plowed area in the NE 1 /4 of Section 25 , TBN, R60W which is more than indicated on the original plan map . Mr . Hnizdil contacted me on May 1 , 1988 and brought the materials he had received in the mail . We reviewed the material and discussed possible solutions and alternatives . On May 9 , 1988 , I reviewed the situationwith the West Greeley Soil Conservation District Board. Their recommendations were that Mr . Hnizdil follow the plan as approved with the original permit to achieve compliance . Scheduling would be at the option of the Weld County Commissioners . The entire field area covered in plowing permit 83-5 and 83-6 is seeded to winter wheat . A portion of the current crop could be destroyed in the stripping pattern as shown in the plan . The crop could also be allowed to mature , be harvested and strips established next year thereby leaving an adequate ground cover for surface soil protection . As for the 36 acre area in the NE 1 /4 of Section 25 , T8N, R60W, this area requires a permit and the permit process would need to be followed . As currently mapped, the area could be farmed under a conservation plan . I plan to attend the hearing on Monday , May 23rd and will be present to answer any questions . Sinr `l , Ronald D. Miller District Conservationist USDA-SCS Greeley Field Office 880404 illEillORFInDUM JillBoard of To County Commissioners one May 70 , 1988 COLORADO From Bruce T. Backer_,_ Assi 'Cant County Attorney Hearing Concerning Non-Compliance with Plowing subject Permits Numbers 83-5 and 83-6 by Paul Hnizdil On Monday, May 23 , 1988 , the Board will hold a hearing concerning the non-compliance with Plowing Permits Numbers 83-5 and 83-6 by Paul Hnizdil. Attached you will find copies of two letters . The first letter is addressed to Mr. Hnizdil and notifies him of the May 23 hearing. The second letter is addressed to Ron Miller, District Conservationist, which asks him to provide the Board with information concerning the non-compliance and the Soil Conservation District ' s recommendations. As of this date, I have yet to receive any information from Mr. Miller. I will be calling him today to at least have the information available for the hearing next Monday. The hearing will be conducted in accordance with the procedures set forth in Article 3 , Section I (2) . The procedure used will be that provided for in the Weld County Administrative Manual for adjudicatory-type hearings. The Board will need to make the following finding: Has Mr. Hnizdil ' s cultivation practices on the property covered by the conservation plan substantially deviated from those practices recommended in the plan? If the Board finds that he has substantially deviated, the Board may then either order Mr. Hnizdil to comply with the conservation plan , or revoke the original permit and order Mr. Hnizdil to cease cultivation immediately and to revegetate the grassland . As an alternative, the Board and Mr. Hnizdil may enter into an agreement wherein Mr. Hnizdil will agree to amend his original conservation plan. As I stated above, the Soil Conservation District will be making recommendations concerning what they think the Board should order if it finds substantial deviation . Bruce T. Barker Assistant County Attorney BTB : ss 880404 { r (1 (r&4��' l Ji �, 31 OFFICE OF COUNTY ATTORNEY 1/4 j PHONE (30 3564000 EXT. 4391 " P.O. BOX 1948 GREELEY. COLORADO 80632 1 A : Cr _ r a • - COLORADO . May 13 , 1988 • Ron Miller District Conservationist Greeley Field Office United States Department of Agriculture 4302 West Ninth Street Road Greeley, CO 80634 RE : Hearing Concerning Non-Compliance with Plowing Permits Numbers 83-5 and 8.3-6 by Paul Hnizdil. . Dear Ron: The matter concerning non-compliance with Plowing Permits Numbers 83-5 and 83-6 by Paul Hnizdil will come before the Board of County Commissioners on Monday, May 23 , 1988 , at 9 :00 o ' clock a.m. The Board will consider the facts and circumstances surrounding Mr. Hnizdil ' s non-compliance with the permits and either order Mr. Hnizdil to comply with the conservation plans contained in the original permit, revoke the original permit and order him to revegetate , or enter into an agreement with Mr. Hnizdil whereby he agrees to amend his original conservation plan. All this will take place in accordance with Article 3 , Section I , paragraph (2) , found on page 9 of Weld County Ordinance 108-A. As per our telephone conversations concerning this matter, I respectfully request that either you or someone from your office provide the Board with written information concerning how Mr. Hnizdil has failed to comply with Permits Numbers 83-5 and 83-6 . Please include a summary of your recommendations and the recommendations of the West Greeley Conservation District Board as to what Mr . Hnizdil should be ordered to dc to come into compliance with the permits . Thank you for your cooperation and help in this matter . Please call me if you should have any questions or comments concerning either this letter cr the hearing on Monday, May 23 , 1988 . Very truly yours , . Bruce T. Barker Assistant County Attorney BTB : ss 880404 �� OFFICE OF COUNTY ATTORNEY ('1 . PHO NE(303)356-4000 EXT. 4:391 P.O. BOX 1948 GREELEY, COLORADO 80632: 3/41a.C. s _ - a, '., '._s?. r ' § • COLORADO May 13 , 1988 Paul Hnizdil 42257 Weld County Road 113 New Raymer, CO 80742 RE : Hearing Before Board of County Commissioners of Weld County, Colorado, Concerning Your Non-Compliance with Plowing Permits Numbers 83-5 and 83-6 Dear Mr. Hnizdil: As per my April 28 , 1988 , letter, the Board of County Commissioners of Weld County, Colorado, has been informed that you have not complied with Plowing Permits Numbers 83-5 and 83-6 . Specifically, it is the Board ' s understanding that you have not stripped the subject parcels as required by the conservation plans set forth in the permits . You have also plowed outside of the boundaries set forth in the permits . I requested in my April 28 , 1988 , letter that you either correct the violations by May 11 , 1988 , or provide the Board with a written plan of how you intend to come into compliance with conservation plans set forth in the permits. It is my understanding that you have not corrected the violations . Likewise , the Board of County Commissioners of Weld County has not received the written plan of your intentions for compliance . Please be informed that the Board of County Commissioners will hear the matter of your non-compliance with Plowing Permits Numbers 83-5 and 83-6 on Monday, May 23 , 1988 , at its regularly scheduled Board meeting at 9 : 00 o ' clock a.m. The meeting will take place in the Board ' s First Floor Meeting Room, Weld County Centennial Center Complex, 915 Tenth Street , Greeley, Colorado . The hearing will follow the procedures as set forth in Article 3 , Section I , paragraph (2) , which is found on page 9 of Weld County Ordinance 108-A. A copy of the Ordinance is enclosed herein. Please be aware that the possible remedies for the Board include an Order for you to comply with the conservation plan contained in the original permit [paragraph (2) (h) (i) ] , or revocation of the original permit and an Order for you to cease cultivation 880404 immediately and to revegetate the grassland (paragraph (2) (b) (ii) 1 . Please contact me at 356-4000 , extension 4391 , if you should have any questions concerning this letter or concerning the hearing which will take place on Monday, May 23 , 1988 . Very truly yours , I i1 . _ c, _ ( • Bruce T. Barker Assistant County Attorney BTB: ss Enc. xc: Ron Miller Doris Williams 880404 . SENDER:Complete items 1 and 2 when additional services are desired,and complete items 3 and 4. Put your address in the"RETURN TO"space on the reverse side. Failure to do this will prevent this card from being returned to you.The return receipt fee will provide you the name of the person delivered to and the date of delivery. For additional fees the following services are available.Consult postmaster for fees and check box(es) for additional servicels) requested. C4 Y.` Show to whom delivered,date,and addressee's address. 2. ❑ Restricted Delivery. 3.Article Addressed to: 4.Article Number o ' Paul Hnizdil . P 070 596 361 t 42257 Weld County Rd. 113 Type of Service: -n w o New Raymer, CO 80742 ❑ Registered Insured rn _ rn U M Certified E COD rl rI - Express Mail - r w w ' I r0 ?,S-I - - - - - _ - Always obtain signature of addressee or in c — ¢ U �` r - agent and DATE DELIVERED. v a Z 3 a rf 5.Signs re—Ad r Seery, 8.Addressee's Address(ONLY i o `F4 x( i ( �y �� requested and fee paid/ f 0 u_ x Iro V 111 N ro w . _ rN T 3 LL o 6.Signature—Agent (� 2 J G�l[� a o I rd nN .::.@ Ti, X ::GL, 'v, _Z - 7. Date of Delivery /0660 (Rc y:9^e4 CO c I ' O I d °K' _ r, -1 (7 - /�C -t'<, y c,,, i i__. „' I '1i Oa '"11 . 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