HomeMy WebLinkAbout880255.tiff RESOLUTION
RE: APPROVE FINDINGS AND ORDER CONCERNING DUST BLOWING COMPLAINT
- DAVID AND KATHERINE KNAUS
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 of County Commissioners of Weld County,
Colorado, has been informed, in accordance with Section
35-72-101 (1) , C.R.S. , that dust is blowing from property located
in the E}NE} of Section 28 , Township 6 North, Range 66 West of the
6th P.M. , Weld County, Colorado, and
WHEREAS, the Board has caused an inspection of the above
described parcel of land, and
WHEREAS, pursuant to the information and the inspection
referred to above, a hearing before the Board was held on April
11 , 1988 , at which time the Board made Findings of Fact pursuant
to Section 35-72-103 (1) , and
WHEREAS, upon said Findings of Fact, the Board did order that
the owners and/or operators of said property, David and Katherine
Knaus, treat said property as described in the attached Findings
and Order within the time limits stated therein.
NOW, THEREFORE, BE IT RESOLVED by the Board of County
Commissioners of Weld County, Colorado, that the Chairman of the
Board is authorized to sign said Findings and Order and that David
and Katherine Knaus are ordered to perform the treatment upon the
above described parcel as stated in the attached Findings and
Order of the Board of County Commissioners of Weld County,
Colorado.
880255
Page 2
RE: DUST BLOWING - KNAUS
The above and foregoing Resolution was , on motion duly made
and seconded, adopted by the following vote on the 11th day of
April, A.D. , 1988 .
BOARD OF COUNTY COMMISSIONERS
ATTEST: yccu WE COUNTY, COLORADO
Weld County erk and Recorder (
and Clerk to the Board ene R. Brantner,
CB : i
C.W. Kir y, Pr -Tem
eputy County lerk
APPROVED AS TO FORM: J cqu i n on
(` ✓ �/J G° y �ln�
County Attorney 7/
Frank maguchi
880255
FINDINGS AND ORDER OF THE
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
WHEREAS, the Board of County Commissioners of Weld County,
Colorado, has been informed, in accordance with Section
35-72-103 (1) , C.R.S. , that dust is blowing from the following
described parcel of land: the E}NE* of Section 28 , Township 6
North, Range 66 West of the 6th P.M. , Weld County, Colorado, and
WHEREAS, said parcel is owned, occupied, and/or operated by
David and Katherine Knaus, and
WHEREAS, the Board has caused an inspection of the
above-described parcel of land, and
WHEREAS, pursuant to the information and the inspection
referred to above, a hearing before the Board was held on April
11 , 1988 . David and Katherine Knaus were notified of said hearing
by certified mail on April 5 , 1988 . At said hearing, the Board
made the following findings , pursuant to Section 35-72-103 (1) :
1 . That soil is blowing from the land in sufficient
quantity to be injurious to private property including, but not
limited to, crops , grasslands , fences , fence rows , irrigation
canals, ditches , or livestock on adjacent or other land, or to
roads, borrow ditches , fences or other public property.
2 . That an emergency exists.
3 . That the operation appears to have been in existence for
more than one year and the operation is negligent.
4 . That such blowing can be prevented or materially
lessened by treatment of the soil .
5 . That property damage appears to be resulting from soil
blowing .
880255
Page 2
RE: FINDINGS AND ORDER - KNAUS
IT IS HEREBY ORDERED by the Board of County Commissioners of
Weld County, Colorado, pursuant to Section 35-72-103 (1) , C.R.S . ,
that David and Katherine Knaus follow the recommended emergency
treatment plan, as set forth in the attached letter marked
"Exhibit A" from Ronald D. Miller, District Conservationist, with
said treatment to be completed by April 18 , 1988 .
DATED THIS 11th day of April, 1988 .
/) BOARD OF COUNTY COMMISSIONERS
ATTEST: i I 11-44.-aCre WELD COUNTY, COLORADO
Weld County 7erk and Recorder
and Clerk to the B42:10L4t)
/�BY /C� t.ZrcGene R. Brantner, Chairman
De ty County C
880255
rA
Vet
OFFICE OF BOARD OF COUNTY COMMISSIONERS
PHONE(303)356-4000, EXT. 4200
P.O. BOX 758
GREELEY, COLORADO 80632
COLORADO
April 14, 1988
David and Katherine Knaus
7317 West 12th Street
Greeley, CO 80634
RE: Clean-up of Borrow Ditch on West Side of Weld County Road 31.
Dear Mr. and Mrs. Knaus:
On Monday, April 11, 1988, the Board of County Commissioners of Weld County,
Colorado, considered the dust blowing complaint concerning the East Half of the
Northeast Quarter of Section 28, Township 6 North, Range 66 West of the 6th
P.M. , Weld County, Colorado. The Board of County Commissioners made a Findings
and Order concerning said dust blowing complaint, a copy of which is enclosed
herein.
At the hearing, the Board of County Commissioners took into evidence pictures
showing damage to the borrow ditch along the west side of Weld County Road 31.
The damage has been created by the soil blowing from the East Half Northeast
Quarter of 28-6-66. The soil has clogged the borrow ditch and is therefore
impeding the flow of water.
The Board of County Commissioners of Weld County, Colorado, hereby requests
that you clean the borrow ditch on the west side of Weld County Road 31, along
the eastern edge of the East Half Northeast Quarter of 28-6-66, by noon on
Monday, April 18, 1988. If the borrow ditch is not cleaned by that date and
time, the Board of County Commissioners will order the Weld County Road and
Bridge Department to clean the ditch and bill you for the cost cf this clean
up, pursuant to Section 35-72-102(3) , C.R.S.
If you should have any questions or comments concerning this letter, please
feel froe to call Bruce T. Barker, Assistant Weld County Attorney, at 356-4000,
extension 4391.
Very truly yours,
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
Sraut
Gene R. Brantner, Chairman
GRB:ss 630255
?XHIBIT A"
UNITED STATES Soil 4302 W. 9th St . Rd .
DEPARTMENT OF Conservation Greeley , CO 80634
AGRICULTURE Service ( 303 ) 356-6506
April 8 , 1989
Bruce T. Barker
Assistant County Attorney
Weld Co .
P .n. Box 1948
Greeley , Cn 8063?
SUBJECT: Dust blowing complaint NE1f4 Section 2R-6-65
Dear Bruce :
On 4/7/88 , I inspected the property cited above and did find that wind
erosion had occured from the property in E1 /2 NE1 /4 28-6-666 . There is
evidence of wind blown sail material in the west barrow ditch of WCR 31 ,
and in the irrigation field ditch across the road . No action has been
taken to provide treatment to stop soil blowing .
Recommended treatment would be to provide emergency tillage to roughen
soil surface . Tillage should be deep enough to pull up cloddy material .
Manure i [7 excess= of 20
ton/acre with 60% chunk greater than 5 inches. in
-
diameter may also be applied to lessen surface soil blowing . Please find
the attached Emergency tillage guide sheet . Soils on the property are Kim
loam 0-1% 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 ,
l((\ ;) ,
Ronald D . Miller
District Conservationist
RDMfgg
attachments
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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" 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.
884255
2
(Emergency Tillage, Code 365, CONTINUED)
WEG 4, 6 & 7: Clays, silty clays, silt loans, clay loans, silty clay loans, 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 %.
880255
CATE : • /7 E( <:./✓
TIME : :‘ (`
DUST COMPLAINTS
•
Name , Address , and Telephone Number of Complainant:
G-r I • -� , O ry L
- o0
Description of Property From Which Dust is Blowing: /L) c3
Description of Da ,age to Public or Private�_ Property:
inn o I _I r u f S S n T�.� Lc' �t'�.�-' .� v I" �•,
✓� c�I` ✓. ie., l U..�. �� 7 at c>' 1��j GA Lt- 4 //_U 'T ham.A. L. l�I ..a-G L if 0 T
R I \ (ti o- , o „ + _ . - . Tho : — ✓`0LL> , co ,
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Name , Address , and Telephone Number of Owner or Operator / of
Pro eerty: �-
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err 7 3S-Ca. - 2 "75L
f) 73 [ 7 GJ t
Other Information: Th.rv-e_ `J r , a- . '' -f `.c r-
" �1
/vet; a-C ^, err' - - io ,•
Follow-up :
ASK THE CC:'.PLAINANT TO PUT THIS INFORMATION IN WRITING AND SEND
THE SAME TO : CLERK TO THE BOARD , P . 0 . BOX 758 , GREELEY , CO
8063' .
880255
--.-1 ,:i ,
`P____1
�- OFFICE OF COUNTY ATTORNEY
PHONE(303)3564000 EXL 4391
I P.O- BOX 1946
GREELEY, COLORADO 80632
trr
COLORADO
April 5 , 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 E}NEi , Section
28 , Township 6 North, Range 66 West of the 6th P.M. , Weld
County, Colorado.
Dear Ron:
The Board of County Commissioners has received a dust blowing
complaint for property located in E}NE} of Section 28 , Township 6
North, Range 66 West of the 6th P.M. , Weld County, Colorado.
I respectfully request that you or someone from your office
inspect the property and report back to the Board. The report
should include what the inspection revealed and 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 Monday, April 11 , 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 ycu 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
BsTB : s s
880255
OFFICE OF WELD COUNTY CLERK AND RECORDER
'
tv,
422
PHONE: (303) 356-4000 EXT.tt&
P.O. BOX 758 xx:s>$ x)14:5x
® GREELEY, COLORADO 80631
April 5 , 1988
•
COLORADO
David and Katherine Knaus
7317 West 12th Street
Greeley, Colorado 80634
RE : Dust blowing complaint for property located in EINE? cf
Section 28 , Township 6 North, Range 66 West of the 6th P.M. ,
Weld County, Colorado
Dear Mr. and Mrs. Knaus :
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, 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
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
Deputy County Clerk
880255
44 Vl OFFICE OF COUNTY ATTORNEY
PHONE(303)3564000 EXT. 430
M
/"t�t 1
1P.0 BOX 194ti
GREELEY. COLORADO 80672
Bu
COLORADO
April 5, 1988
Roland Croissant
4775 West Fourth Street
Greeley, CO 80634
RE: Dust Blowing Complaint for Property Located in E}NEL , of
Section 28 , Township 6 North, Range 66 West of the 6th P.M. ,
Weld County, Colorado
Dear Mr. Croissant:
Thank you for calling in a dust blowing complaint on April 5 ,
1988 . Your complaint concerns property located in E}NF.} , of
Section 28 , Township 6 North, Range 66 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 , hut
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. Box 758 , Greeley, Colorado 80632 . It is
important that the Clerk to the Board receive this letter or note
as soon as possible .
Based upon the information supplied in your telephone call , the
Board of County Commissioners has asked for an inspection of the
8d0255
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 Monday, April 11 , 1988 , at the Board ' s regularly
scheduled meeting at 9 :00 a.m. The hearing will take place in the
Ecard' s First Floor Meeting Room, Centennial Center Complex, 915
Tenth Street, Greeley, Colorado. The Board would appreciate your
attendance at the hearing so that you may testify as to the extent
and effect cf 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,
i-
Bruce T. Barker
Assistant County Attorney
BTB: ss
880255
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