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Home My WebLink About880169.tiff RESOLUTION RE: DETERMINATION OF THE BOARD CONCERNING DUST BLOWING COMPLAINT 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} , Section 11 , Township 7 North, Range 66 West of the 6th P.M. , Weld County, Colorado, said property being farmed by Harold Tateyama and owned by Orville and George Goodell, 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 on the 27th day of January, 1988 , and WHEREAS, pursuant to such complaint and inspection, a hearing was held on the 3rd day of February, 1988 , and WHEREAS, at said hearing, the matter was continued thirty days to allow Mr. Tateyama to resolve the situation by using one of the procedures recommended by the Soil Conservation Service, and WHEREAS, at the Board meeting of March 7, 1988 , it was reported that Mr. Tateyama did take certain measures and dust is no longer blowing from said parcel; 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 or owners of the above described parcel of ground concerning dust blowing from said parcel, because there is not sufficient blowing to cause damage to public or private property, as required by Section 35-72-103 (1) , CRS. r( .1 , .,.. ., 880169 Page 2 RE: DUST BLOWING COMPLAINT The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 7th day of March, A.D. , 1988 . ‘71BOARD OF COUNTY COMMISSIONERS J ATTEST: WE COUNTY, COLORADO Weld County lerk and Recorder and Clerk to the Board Gene R. Bran ner, Chairman C.W. Kir Pro- em eputy County lerk // EXCUSED APPROVED AS TO FORM: Jacquel ' ems•" hns n County Attorney EXCUSED Frank Yamaguchi 880169 MAR 21988 ti aREE E '. COLD. February 26, 1988 Harold Tateyama & Sons, Inc. 41430 W.C.R. 33 Ault, Colorado 80610 Dear Harold, Ed, and Darrell: I am writing you today to acknowledge and thank you for your efforts to control the top soil erosion from the horrible winds we have had this winter. I certainly feel that your work with your equipment should minimize the potential for top soil blowing this spring. I feel that your efforts have been sincere as you have always been good friends and neighbors to myself and this community. Very truly yours, Michael A. Pickett 4- cc: Weld County Commissioners 880169 UNITED STATES Soil 4302 W. 9th St . Rd . DEPARTMENT OF Conservation Greeley , CO 80634 AGRICULTURE Service ( 303 ) 356-6506 •l ip 1 _•Y.•j . n� January 28, 1988 FEB • --- 11 ' 2 '1988 n �"'?L'jar,..r-r 1 Bruce Barker �a#^ Lsia� FEB 11988 Assistant Weld County Atty . P .O. Box 1948 Greeley , CO 80632-�_ SUBJECT: Soil Blowing Complaint in SE 1 /4 Section 11 , T7N , R66W (Adjacent to western Ault , Colorado City Limit ) Mr . Barker : On January 27 , 1988 , C .W. Scott , Soil Conservationist for the Soil Conservation Service Greeley field office , inspected a field west of Ault , Colorado in the SE 1 /4 of Section 11 , T7N , R66W. He determined that the field in fact was blowing . Wind blown particles were found along the western street boundary and along property on the east side of the street . Recommendations for control follow: • Apply barnyard manure at a rate of 20 tons per acre with 60% of the material being 5 inches or greater in diameter . This quantity of material should be sufficient to slow down or control soil blowing . or • Proceed with emergency surface tillage or surface roughing . This technique may be accomplished as stated in accompaning enclosure for "WEQ 3 : Fine , Medium and Course Sandy Loams . " At the time of inspection , we were unable to determine who the landowner is . The operator on record is Harold Tateyama . If you require any further information or have any questions , please feel free to contact me . S . ly , Ronald D . Miller District Conservationist SCS Greeley Field Office RDM/k:p mc : Stanley D . Cass , Ault , Colorado d801b9 "V c�' r ./ 9fi'2 EMERGENCY TILLAGE (Code 365) Greeley Field Office Specifications: Tillage specifications will be based upon the following soil groupings by cli\ 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' I,. least 6" of 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. 8801,69 • ,, qi .ar1t W 74 a ,, § I .+fa ', CC XP iI y=',\,=4\\ u 1 i % 1 - I 5.i` ughl � A a ti li fr ' ix ,H P • s t .r,, „ S t • k4 '.1,S;p,1,it f •‘',.,4 0i'. " ""..**.t%•;....fY� r • Y 'M1 � 1 { t 1 L , i � � � 4 1 s ��y"' \� r�i( _ • 1l`N►'�1� P } . �SS}➢ i • f,• e / /yy� r] , U 1 'K 1 rl SS♦ir I t I. 4a{. Yyl.ti tT ''et, ,:..x s ,-„. @3` is „� `# ''•�Tx ks e` ce}¢ y' {`� �1- , °L ♦ iry', dip ill; i q . �' lr ka r / � TRW aek au in " t. war'_r ; r:--� � 'F''''' .� �.•s 'h j � t ., �'';, • X *St ry ,i1 s! 5 I� f 1G- r5F n , AA 4` ^ 4V �S`idatE4T,8Pq 1 V ... ',I., •,,,�,• 4 _, " ) „fi�^rt � �w �}> iJ a. . 1 w F E -I, s •• . IIIIIII ,} in 1 litilit ' �A 'Yt .,( «. 4 ��1 Z y �� 44", T #F Cif j4 t� ,r'41 T I, 1 w kA 14Y L l 31 / _ D �., OFFICE OF WELD COUNTY CLERK AND RECORDER • 4225 PHONE(3031 356-4000 EXT.XMB: P.O. BOX158xXxs•X0aas GREE LEY, COLORADO 80631 O January 28 , 1988 COLORADO Harold Tateyama • 41430 Weld County Road 33 Ault, Colorado 80610 RE: Dust Blowing Complaint Property Dear Mr. Tateyama: The Board of County Commissioners of Weld County, Colorado, has been informed that dust is blowing from a parcel of -land, farmed by you, said property being located in SE} of Section 11 , Township 7 North, Range 66 West of the 6th P.M. , Weld County, Colorado. 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, February 3 , 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, and 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 County Attorney's Office, 356-4000 , ext 4391 . Very truly yours, Mary Ann Feuerstein Weld County Clerk and ecorder Bv: d7/vi7Lc."J _ic ,t piJ Dep ty County Clerk XC: George Goodell, Co-owner 880163 OFFICE OF WELD COUNTY CLERK AND RECORDER tiO 4111.1 4225 - -- _ _ PHONE. (3031 356-4000. EXT.838c P.D._BOX J58xlMixda>ka4fe O - GREELEY,-COLORADO 80631 January 28 , 1988 COLORADO Orville R. Goodell Goodell Machinery and Rentals and Sales 150 Collins Eaton, Colorado 80615 Dear Mr. Goodell: The Board of County Commissioners of Weld County, Colorado, has been informed that dust is blowing for a parcel of land, co-owned by you, said property being located in SE* of Section 11 , Township 7 North, Range 66 West of the 6th P.M. , Weld County, Colorado. 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, February 3 , 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-describe property, and 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 County Attorney' s Office, 356-4000 , ext 4391. r truly your* . ) Mary n Feuerstein Weld ounty Clerk and Recorder uty County C irk XC: George Goodell, Co-owner 880169 t1 c§o„ OFFICE OF COUNTY ATTORNEY 10. PHONE(303)3564000 EXT.4391 111111 P.O. BOX 1948 GREELEY COLORADO 80632 r _ • COLORADO January 28 ,1988 Ron Miller Greeley Field Office Soil Conservation Service U. S . Department of Agriculture 4302 West Ninth Street Rd. Greeley, CO 80634 RE: Dust Blowing Complaint for Property Located in the SE* . Section 11 , Township 7 North, Range 66 West of the 6th P.M. , Weld County, Colorado. Dear Ron: As per our telephone conversation of January 28 , 1988 , the Board of County Commissioners has received a dust blowing complaint for property located in the SEI of Section 11 , Township 7 North, Range 66 West of the 6th P.M. , Weld County, Colorado. It is my understanding that you or scmeone from your office will inspect the property and report back to the Board. Your report will include what the inspection revealed and will recommend remedial action to 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 Wednesday, February 3 , 1988 , at 9 :00 a.m. 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 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 880169 a OFFICE OF WELD COUNTY CLERK AND RECORDER • - - -PHONE: (303) 356-4000 EX IX P.O. BOX .758,acceonecvo -=GREELEY, COLORADO 80631 • COLORADO January 28 , 1988 Stanley D. Cass 634 Ash Avenue Ault, Colorado 80610 Dear Mr. Cass: The Board of County Commissioners has received your letter concerning dust blowing from a parcel which is located in the SE* of Section 11 , Township 7 North, Range 66 West of the 6th P.M. , Weld County, Colorado. As per your wife' s telephone conversation with Bruce T. Barker, Assistant County Attorney, on January 27 , 1988 , it is the Board' s understanding that the parcel is being farmed by Harold Tateyama. An inspection of the parcel will be conducted by Mr. Ron Miller of the Greeley Field Office, Soil Conservation Service. The Board will hear the matter cf your complaint at its regularly scheduled meeting on Wednesday, February 3 , 1988 , at 9 :00 a.m. The meeting will be held in the First Floor Meeting Room, Weld County Centennial Center, 915 Tenth Street, Greeley, Colorado. Mr. Tateyama has been advised of this meeting, and you also may attend in order to offer any other comments concerning this complaint. Mr. Miller will be at the meeting to advise the Board of his observations during the inspection. If you have any questions, please contact the County Attorney' s Office at 356-4000 , ext. 4391 . Very truly yours, Mary Ann Feuerstein Weld County Clerk and Recorder and Clerk to the Bo rd i- o $y_ e7Jvix.czi De ty County Cl rk 880169 STANLEY D. CASS 634 ASH AVENUE AULT, CO 80610 $ C1,71: E } 25 January 1988 f t? { td aREEta Chairman, Weld County Board of Commissioners P.O. Box 758 Greeley , CO 80632 Gentlemen: I request that expedited action be taken to require the operator and/or landowners of the farm ground located immediately to the west of the northwest corner of Ault , Colorado, to take whatever measures necessary to stop the blowing of the soil on that property. Further , I maintain that the same operator and/or landlord be responsible for damages done to lawns , shrubs , etc . caused by the wind erosion of the property. During the period January 18-24 , on mainly two days of that period , the property in question blew so badly that the entire west side of Ault is covered with sand, with depths of one inch or more on some lawns . This property is legally described as the SE4 of Section 11 , Township 7N, Range 66W. The main crop on this property in 1987 was onions , and there was no attempt made following harvest to "ridge" the soil to prevent the wind erosion that has taken place. Further, the same situation prevailed in 1986-87 . It is a clear case of irresponsible farming practices and those responsible should clearly be held liable for their actions or lack thereof . Sincerely , A �f -(19 et (ate t Stanley D. Cass Copy furnished: Greeley Field Office, Soil Conservation Service 81801.69 CTown of AULT 201 First Street • P.O. Box 98 • Ault, Colorado 80610 • (303) 834-2844 February 1 , 1988 PR? MI TI/ 116,212Nrigtom " `—.+ Board of Weld Count Commissioners Weld County Centennial Center FEBFE 4 Or °' 11 915 10th Street (LP Greeley, Co 80631 cdLev. Q Dear Commissioners: In the last several weeks the winds have been very severe and on several occasions the Town has been inundated with blowing dirt from adjacent farms. The Town has received numerous complaints concerning the blowing dirt. We have told these people that the source of the problem is in the County and not under our jurisdiction. We are aware of the fact that blowing dirt is one of the hazards of living in an agriculture county and there is no way to completely stop it. We would however ask you to look into the matter and see if there is someway to lessen the impact on the Town. Thank you in advance for your consideration. Sincerely, TOWN OF AULT /LA de Ken R. Henschke Town Administrator KRH;dl I880169 I T 880169 A V nique Little Town Hello