HomeMy WebLinkAbout880282.tiff RESOLUTION
RE: DETERMINATION OF THE BOARD CONCERNING DUST BLOWING COMPLAINT
AGAINST SIDWELL BROTHERS
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 E}E}W}NE} , Section 33 ,
Township 6 North, Range 64 West of the 6th P.M. , Weld County,
Colorado, said property owned by Sidwell Brothers, 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 13th day of April, 1988 , and
WHEREAS, at said hearing, the matter was continued to April
20 , 1988 , to allow for preparation for seed bedding and to work
with Ron Miller, Soil Conservationist, on further treatment plans,
and
WHEREAS, at the Board meeting of April 20 , 1988 , it was
reported that certain measures have been taken to alleviate dust
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 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.
4K )('s /l�! ?�R3 ytf «: / ?., 880282
Page 2
RE: DUST BLOWING COMPLAINT - SIDWELL
The above and foregoing Resolution was, on motion duly made
and seconded, adopted by the following vote on the 20th day of
April, A.D. , 1988 .
` 11t Vic
id: .« BOARD OF COUNTY COMMISSIONERS
ATTEST: �� ,( WE COUNTTY, COLORADO
Weld County Clerk and Recorder
and Clerk to the Board Genee R. Brantner, Chairman
C„Et C.W. Kr Tem
eputy Couqi-t
Clerk /y,
APPROVED AS TO FORM: a•que _ n
`ttS�-- ' .
, County Attorney 1. ,,ai
Frank amaguchi
880282
CONSIDER DUST BLOWING COMPLAINT ON PROPERTY IN THE E}E}W}NE},
533, T6N, R64W - SIDWELL BROTHERS: Bruce Barker, Assistant
County Attorney, said Mr. Sidwell told him that he is trying to
take care of the blowing problem. He said the parcel is being
prepared for seed bedding, and he is working with Ron Miller,
Soil Conservationist, on further treatment plans. Mr. Barker
recommended that this matter be continued for further review.
Commissioner Kirby moved to continue this matter to April 2O.
The motion, which was seconded by Commissioner Yamaguchi,
carried unanimously.
CONSIDER REQUEST FROM CITY OF GREELEY TO USE CERTAIN COUNTY
FACILITIES FOR POLLING PLACES: Commissioner Lacy moved to
approve this request from the City of Greeley to use certain
County facilities for polling places. Commissioner Kirby
seconded the motion which carried unanimously.
CONSIDER REQUEST FROM TOWN OF LA SALLE CONCERNING MAINTENANCE OF
2ND AVENUE COURT: Commissioner Lacy moved to refer this matter
to the Road and Bridge Department for its recommendation. The
motion was seconded by Commissioner Kirby and carried
unanimously.
CONSIDER DISBURSEMENT OF MONIES FOR VETERANS SERVICE FOR MARCH:
Commissioner Johnson moved to approve the disbursement of monies
for the Veterans Service. Seconded by Commissioner Lacy, the
motion carried unanimously.
CONSIDER 1988-89 JOB TRAINING PLAN AND AUTHORIZE CHAIRMAN TO
SIGN: Jeannie Tacker, representing the Department of Human
Resources, said this is a two year plan which is targeted to
serve Welfare Diversion clients and youth who are remaining or
returning to secondary school. Commissioner Johnson moved to
approve this Job Training Plan and authorize the Chairman to
sign. Commissioner Lacy seconded the motion &rd it carried
unanimously.
880282
11,1: 6
;e _
s � OFFICE OF COUNTY ATTORNEY
Oa. PHONE(303)356-4000 EXT.4391
w
P.O. BOX 1948
GREELEY,COLORADO 80632
1/411 C.
COLORADO
April 7 , 1988
Sidwell Brothers
28491 Weld County Road 64 }
Gill , CO 80624
RE: Findings and Order Concerning Property Located in West Half
Southeast Quarter, Section 33 , Township 6 North, Range 64
West of the 6th P .M. , Weld County, Colorado
Dear Sirs :
Enclosed herein please find a Findings and Order of the Board of
County Commissioners of Weld County, Colorado , for remedial
measures to be taken on property located in the West Half of the
Southeast Quarter of Section 33 , Township 6 North, Range 64 West
of the 6th P.M. , Weld County, Colorado. As you can see, pursuant
to Section 35-72-103 , C.R.S . , the Board of County Commissioners
has ordered you to either seed bed or chisel the parcel by
Saturday, April 9 , 1988 .
At the hearing on Wednesday, April 6 , 1988 , the Bcard of County
Commissioners also was informed that property located in the East
Half of the East Half of the West Half cf the Northeast Quarter of
33-6-64 has also been blowing. Mr. Ron Miller, District
Conservationist, SCS Greeley Field Office , has recommended that
you also chisel this parcel. Although the parcel is not mentioned
in the Findings and Order of the Board of County Commissioners ,
the Board respectfully requests that you perform such measures on
the parcel as soon as possible . Please be informed that the Board
of County Commissioners will consider the matter of the dust
blowing from the East Half of the East Half of the West Half of
the Northeast Quarter of 33-6-64 at its regularly scheduled
880282
Bidwell Brothers
Page 2
April 7 , 1988
meeting at 9 :00 a .m. on Wednesday, April 13 , 1988 . The meeting
will be in the First Floor Meeting Room, Weld County Centennial
Center Complex, 915 Tenth Street, Greeley, Colorado.
If you should have any questions concerning this letter or
concerning the Findings and Order of the Board of County
Commissioners , please call me at 346-4000 , extension 4391 .
Very truly yours ,
�---4
4/4 / et
Bruce T. Barker
Assistant County Attorney
BTB: ss
Enc.
xc: Justin Sidwell
25615 Weld County Road 62}
Greeley, CO 80631
Ron Miller
District Conservationist
SCS Greeley Field Office
4302 West Ninth Street Road
Greeley, CO 80634
Dana Sughroue
26899 Weld County Road 62}
Greeley, CO 80631
880282
UNITED STATES Soil 4302 W. 9th St . Rd .
DEPARTMENT OF Conservation Greeley , CO 80634
AGRICULTURE Service ( 303 ) 356-6506
April 7 , 1988
Bruce T. Barker
Assistant County Attorney
Weld Co .
P .O. Box 1948
Greeley , CO 80632
SUBJECT: Dust blowing complaint W1 /2 SE1 /4 33-6-64
Dear Bruce ,
On 4/5/88 , I visited the adjacent property cited in the complaint with
Dana Sughrue to view damage caused by wind
There is a considerable amount of soil blown material in the fence along
the eastern boundary and in Mr . Sughrue ' s west ditch in N1 /2 E1 /2 SE1 /4
33-6-64 . The Irrigation ditch is completely filled, and will require
extensive work to clean it out . There is 1 1 /2 feet of sandy wind blown
soil along the fence , and for 120 feet there is 1 1 /2 feet to 5 inches of
sandy soil blown into the western edge of Mr . Sughrue ' s field in S1 /2 E1 /2
SE1 /4 33-6-64 . There is enough additional material that tillage of the
field for the next crop will be difficult and excessive to produce a
proper seedbed . Two and one-half feet to 3 feet of soil material is
accumulated along the southeast corner on the south boundary of the field
in Section 4-5-64 .
The property in question was tilled in strips in a north-south pattern.
Surface roughing may be adequate . However , as the soil dries , it will
probably break down into fine particles . Other treatment may be needed if
no further seedbed preparation is to be accomplished .
Other property north of WCR 62 1 /2 , owned by the owner of the cited
property has also blown and is still subject to blowing as no tillage
treatment has been performed . There has been wind blown material
deposited in irrigation field ditches and fields , as well as in the
county road barrow ditch along the north side WCR 62 1 /2 .
If you have any further questions please contact me at 356-6506 .
SinCer? 1y ,
Ronald C . Miller
n ; strict Cor5ar ',at ' = ist
880282
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