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Home My WebLink About880453.tiff RESOLUTION RE: DETERMINATION OF BOARD CONCERNING DUST BLOWING COMPLAINT - LEROY AND WILMA GOERTZ 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 28 , Township 6 North, Range 64 West of the 6th P.M. , Weld County, Colorado, said property being owned by Leroy and Wilma Goertz , and operated by Larry Ley, 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 11th day of May, 1988 , and WHEREAS , pursuant to said complaint and inspection, a hearing was held on the 23rd day of May, 1988 , and WHEREAS , at said hearing, the matter was continued to allow the owner or operator to plant Sorghum Sudan Grass , with the operator to contact Ron Miller, of the Soil Conservation Service, advising him whether the planting has been completed, and WHEREAS , at the meeting of June 13 , 1988 , it was reported that Mr. Ley did plant the grass 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 , CRS. 880453 Page 2 RE: DUST BLOWING COMPLAINT - GOERTZ The above and foregoing Resolution was , on motion duly made and seconded, adopted by the following vote on the 13th day of June, A.D. , 1988 . ‘7170.2BOARD OF COUNTY COMMISSIONERS ATTEST: ?cttlb WEL OUNTY, COLORADO Weld County erk and Recorder t/, L- and Clerk to the Board ene�R�Bfantner, Chairman BY: J(m4--/yc.c � /�c,7( r C.W. Kirby, Pr Tem Deputy County rk / EXCUSED APPROVED AS TO FORM: Jacque ' e� so G r LJ y / i Cotzn y A orneark— C4.21 /%204, "' Frank aamaguchi 880453 previous funding level. Col iiss_oner Johnsor noved to approve the Continuum -of Care Systems Grant Revision —mod authorize the Chairman to s. . Commissioner Kirby seconded ie motion and it carried unanimously. CONSIDER MEMORANDUM OF UNDERSTANDING BETWEEN AREA AGENCY ON AGING AND HEALTH DEPARTMENT AND AUTHORIZE CHAIRMAN TO SIGN: Ms. Piper said this is to increase agency awareness and facilitate increased working relationships between the Case- Management Program and Senior Service Agencies. Commissioner Lacy moved to approve said Memorandum of Understanding and authorize the Chairman to sign. Seconded by Commissioner Kirby, the motion carried unanimously. CONSIDER ADDENDUM TO AGREEMENT BETWEEN HUMAN RESOURCES AND WC CHILD CARE NETWORK AND AUTHORIZE CHAIRMAN TO SIGN: Don Warden said this Addendum cancels the first contract with the Child Care Network. Commissioner Johnson moved to approve this Addendum and authorize the Chairman to sign. The motion was seconded by Commissioner Kirby and carried unanimously. CONSIDER 2 PURCHASE OF SERVICES AGREEMENTS BETWEEN MIGRANT HEAD START AND PLAN DE SALUD DEL VALLE AND AUTHORIZE CHAIRMAN TO SIGN: Ms. Piper said these Purchase of Services Agreements are for Plan de Salud del Valle to provide medical and dental services to the migrant children at the South County location. Commissioner Johnson moved to approve the two Purchase of Services Agreements with Plan de Salud del Valle and authorize the Chairman to sign. Commissioner Lacy seconded the motion which carried unanimously. CONSIDER DUST BLOWING COMPLAINT ON PROPERTY IN THE SE} , 528, T6N, R64W - LEROY AND WILMA GOERTZ: Lee Morrison, Assistant County Attorney, said a dust blowing complaint had been received concerning the above described property owned by Leroy and Wilma Goertz. Ron Miller, District Conservationist, read the letter of May 12, which he had sent to Bruce Barker, Assistant County Attorney, into the record. The letter stated that there is dust blowing from this parcel, and the field is in severe condition and should be emergency tilled. Leroy Goertz, owner of the property, and Larry Ley, operator of this parcel, came forward to make comments. Mr. Ley said measures are being taken at this time to alleviate the dust blowing problem. He said he intends to plant this field in Sorghum Sudan Grass with a ridge planter. He said the planting should be accomplished within a week to ten days. Mr. Miller said the planting should take care of this situation. Gene Dewey, the complainant, was neither present nor represented. Commissioner Kirby moved to continue this matter to June 6, with the operator to contact Mr. Miller notifying him when the planting has been completed, and Mr. Miller can then submit a report advising the Board of the compliance. The motion, which was seconded by Commissioner Johnson, carried unanimously. Minutes - May 23, 1988 Page 2 880453 11/ MARY ANN FEUERSTEIN WELD COUNTY CLERK AND RECORDEf- P.O. BOX 758 IIII1DMay 13 , 1988 GREELEY, COLORADO 80632 C� (303)356-4000 EXT. 4225 COLORADO Leroy and Wilma Goertz Box 120 Hillsdale, WY 82060 RE: Dust blowing complaint for property located in the SE* of Section 28 , Township 6 North, Range 64 West of the 6th P.M. , Weld County, Colorado Dear Mr. & Mrs . Goertz : 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 of Monday, May 23 , 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 Recorder 1' BY: Deputy County Clerk 880453 MARY ANN FEUERSTEIN WELD COUNTY CLERK AND RECORDER P.O. BOX 758 May 13 , 1988 - GREELEY, COLORADO 80632 (303) 3564000 EXT. 4225 WI C. COLORADO Boot Hill Farm 37584 Weld County Road 51 Eaton, CO 80615 RE: Dust blowing complaint for property located in the SEi of Section 28 , Township 6 North, Range 64 West of the 6th P.M. , Weld County, Colorado Dear Sirs: 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 of Monday, May 23 , 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 Recorder BY: 'C714-z.,-Lc Deputy County Cle'rk J 880453 UNITED STATES Soil 4302 W. 9th St . Rd . DEPARTMENT OF Conservation Greeley , CO 80634 AGRICULTURE Service ( 303) 356-6506 U Er � ' May 12 , 1988 MAY 171988 Bruce Barker Assistant County Attorney Weld County R .O. Box 1948 Greeley , CO 80632 SUBJECT : Wind Blowing Complaint SEl /4 Sec 28 T6N R64 Weld County Colorado On May 11 , 1988, I inspected the area as mentioned in this complaint , and found the Wl !2 SE1 /4 south of the old railroad tracks showed the evidence of blowing - there is 1 1 !2 ' -2 ' of soil blown material in the south field border and County Road borrow ditch . The field is in very severe condition to blow-and should be emergencey tilled by the attached specification for WEG 3 soil areas . If you have any further questions please contact me . Sincerely , Ronald D . Miller District Conservationist Greeley Field Office 880453 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. 880453 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 /. 880453 (ft \`,\ 1.1 OFFICE OF COUNTY ATTORNEY re _ PHONE(303)356-4000 EXT.4391 P.O. BOX 1948 GREELEY. COLORADO 80632 ti t • 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: Dust Blowing Complaint for Property Located in the SE* , Section 28 , Township 6 North, Range 64 West cf the 6th P.M . , Weld County, Colorado. Dear Ron: As per our telephone conversation of May 12 , 1988 , the Board of County Commissioners has received a dust blowing complaint for property located in the Southeast Quarter of Section 28 , Township 6 North , Range 64 West of the 6th P.M. , Weld County, Colorado. It is my understanding that you or someone 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 May 18 , 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 or comments concerning this letter , please feel free to call me at 356-4000 , extension 4391 . Very truly yours , //� 1- r` _C- Bruce T. Barker Assistant County Attorney BTB : ss 880453 Yoti.\ OFFICE OF COUNTY ATTORNEY -, PHONE(303)356-4000 EXT. 4391 P.O. BOX 1948 GREELEY,COLORADO 80632 f ic v. ;;x COLORADO May 13 , 198E Gene Dewey 412 Third Street P. O. Box 126 Greeley, CO 80632 RE : Dust Blowing Complaint for Property Located in the SE} , of Section 28 , Township 6 North, Range 64 West of the 6th P.M. , Weld County, Colorado Dear Mr. Dewey: Thank you for calling in a dust blowing complaint on May 6 , 1988 . Your complaint concerns property located in the Southeast Quarter, of Section 28 , Township 6 North, Range 64 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 of 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 to proceed. Please send the note or letter to : Clerk to the Board of County Commissioners of Weld County, P. O. Bcx 758 , Greeley, Colorado 80632 . It is important that the Clerk to the Board receive this letter or note as soon as possible. 880453 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 on Wednesday, May 18 , 1988 , at the Board' s regularly scheduled meeting at 9 : 00 a.m. Please be in attendance on that date if you wish 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, �^ �4 "--1 if-C.— Bruce T. Barker Assistant County Attorney BTB: ss 880453 ,i,. a - I` MAY 1 21988 DATE: CI IUI � I,. TIME : 2 , 5O 7/4A- , DUST COMPLAINTS Name, rAddress , and Telephone Number of Complainant: 6,741-�-e_. ��‘v 3 S Z - / " k i ( I :. 3rA s4 , 7, O[Th ,x r. 6-. r..-_ ,d. ( a-7 k C O c&oS3 a— Description of Property From Which Dust is Blowing: ec '-I 2€5---- - 4 / I (-- O 1.. ; i \ a.! S A 7 S r �' I 1 G 1 O 8.) ��`7 . ,---_--f---..k. c , s ok , Description of Damage to Public or Private Pr perty: ,� '��S n� / �� (� lass A�.� � I ou.: M A L 1 a»� iS I✓` IIGah � I � iay. ��O � _¢ � �1O�Qu 7��rF.4-„c" 71. � L. Tie-�-� t� C `el" A -.1 i A \ 1 ,.. --F- i a_ k r1 O- I bv. 1 60 �^'" 0 v` c v orr06p/ G 1 'T4LN . 7 Name, Address , and Telephone Number of Owner or Operator of Thou -1:— 14( 0 F. rK. 31Sa4-1 c.cR S ( Property: c c e-oc 5'i/ - I I- a ro 'A Cl- Lail I \1 h 1 ^ A- LTD 2 f T Z__ CA 4-.-. iv-, X ( t ILO k I4I115c.\a e \ fr7 0IOO 1.3 D 11 ec Z 0 �- 12- -7 O -7.= ¢1( k S c1-E 2 -(0 -&4- /' Other Information:l I Lf`, r-: I SLµ \ '�� r �. . -� 5 �I 5�cy�I 714-LEI r zsg , of T file 1 t t..v. � i C If N/.,.//� C_ ' 10`• .. A.rn "T L O i...+a c7r`. 'L.- 1e- A S 1\^ S -c-re--4"A S I 4-4A-r— I '7 A r(.-ta-1 4.4":;\ t�U.) 'Stt AA �c- tv 1 , e I ' �. r w La, uJ '(.\-A-0 11•• I�fe ^�' IL.. iI.�.a r'A IJ� Of I IV'0-e.a"t'D IL • IT+`.S �w rl Q� /� 16 t HA.nN�` �. DL'r 5 fow I II , Follow-up: 7. o...' M 1 ( 1 . LA A-� A \fe.A Vi e-4-11 c--a--4- C �e- S1ISI�eehfi o�.. Y'tc a , w.rJ-,S e'c c GLf5�e1k I�.•. F U \ ✓.I ` �,..� H ` O T l( o G„- F"'A al.�.. . I i �� V�. Lii- h t 4.-4.1-"--,. 6T'--r e r C }� • ASK THE COMPLAINANT TO I PUT THIS INFORMATION IN WRITING AND SEND TILE SAME TO: CLERK TO THE BOARD, P . 0. BOX 758 , GREELEY, CO 80632 . 880453 •("-- •.. g\\./ OFFICE OF BOARD OF COUNTY COMMISSIONERS ♦' PHONE (303)356-4000. EXT. 4200 )1 ipe.-- _ - _ -- - - P.O. BOX 758 GREELEY, COLORADO 80632 COLORADO June 7 , 1988 Leroy and Wilma Goertz Box 120 Hillsdale , WY 82060 RE : Property located in the SE} of Section 28 , Township 6 North , Range 64 West of the 6th P .M. , Weld County, Colorado Dear Mr . & Mrs . Goertz : On May 28 , 1988 , the Board heard a dust blowing complaint concerning the above described parcel of land owned by you . At that time it was determined that the matter be continued to June 6 , 1988 , in order to allow Larry Ley , operator of the parcel , time to plant Sorghum Sudan Grass with a ridge planter on this parcel . Mr . Ley was then to notify Ron Miller , District Conservationist , of the completion of the planting , and Mr . Miller was to submit a report to the Board of County Commissioners at the Board meeting of June 6 , 1988 . At the meeting of June 6 , the Board was advised that Mr . Miller had not been contacted by the operator of this parcel . The Board determined that there is an obligation by the owner and/or operator of this parcel to contact Mr . Miller regarding this matter prior to the next hearing which has been scheduled on June 13 , 1988 , at 9 : 00 a .m. in the Commissioners Hearing Room, First Floor , Centennial Center , 915 10th Street , Greeley , Colorado . Lit rely , if C/1/1;1'L..^L4J Gene R. Brantner Chairman cc : Larry Ley Ron Miller 880453 Hello