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Home My WebLink About900416.tiff S r RESOLUTION RE: APPROVE FINDINGS AND ORDER CONCERNING DUST BLOWING COMPLAINT - DAVID AND GALE MATTE RN 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 SW} of Section 17 , Township 5 North, Range 66 West of the 6th P.M. , Weld County, Colorado, said property being owned by David and Gale Mattern, 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 May 14 , 1990, at which time the Board made Findings of Fact pursuant to Section 35-72-101 (1) , and WHEREAS, David and Gale Mattern, the landowners, were not present at said hearing, and WHEREAS, upon said Findings of Fact, the Board did order that the owners and/or operators of said property, David and Gale Mattern, treat said property as described in the Findings and Order, a copy of which is attached hereto and incorporated herein by reference, within the time limits stated therein, and 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 Gale Mattern 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. BE IT FURTHER RESOLVED by the Board that the Department of Planning Services be, and hereby is, directed to inspect the fence to be built on said property by June 11, 1990 . BE IT FURTHER RESOLVED by the Board that this matter will be reconsidered by the Board on June 18, 1990, at 9 :00 a.m. EX ate// 71w7rs -C'R- Luet 900416 Page 2 RE: DUST BLOWING - MATTERN The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 14th day of May, A.D. , 1990 . �� BOA OF COUNTY COMMISSIONERS ►' ATTEST: ��`u' WE OUNTY, ORADO Weld County erk and Recorder /C, and Clerk to_the Board ene R. Brantner, Chairman BY:` e ) e rge enneC7Pro- em Deputy ounty Clerk EXCUSED APPROVED A TO FORM: Constance L. Harbert � ��/ / C.W. Kir y ounty Attorney Go . 900416 (-. Oiud rnu,.r%d -y FINDINGS AND ORDER OF THE BOARD OF COUNTY COMMISSIONERS OF WELD COUNTY, COLORADO WHEREAS, a Complaint, in writing, has been received by the Board of County Commissioners of Weld County, Colorado, specifying that dust is blowing from the following described parcel of lands Lot B of Recorded Exemption No. 0959-17-3-RE617, recorded at Book 1004, Reception No. 01936792, in the Office of the Weld County Clerk and Recorder, and WHEREAS, the Board has caused an inspection of the parcel of land complained of, and WHEREAS, pursuant to the provisions of Section 35-72-103(1) , C.R.S. , and pursuant to such complaint and inspection, a hearing was held on the 14th day of May, 1990, by the Board of County Commissioners for the purpose of determining whether or not to issue an Order pursuant to said statute. The Board, having heard the testimony of Gary Crawford, and having considered Mr. Crawford's letter received May 9, 1990, and a letter dated May 10, 1990, from Ronald D. Miller, District Conservationist, U.S.D.A. Soil Conservation Service, MARES THE FOLLOWING FINDINGS: 1. That soil is blowing from the land described above in sufficient quantity to be injurious to private and public property. 2. That an emergency exists. 3. That the operation in question has been in existence for more than one (1) year. It appears at present that the operation (a horse arena) may be negligent, given that the soil is of a sandy nature and no vegetation covers the arena. 4. That such soil blowing can be prevented or materially lessened by the treatment of the soil, or by alternative means, such as erecting privacy or other impervious fencing. 5. That property damage appears to be resulting from the soil blowing. IT IS HEREBY ORDERED that you, David and Gale Mattern, whose address is 11805 Rumel Circle, Eden Prairie, Minnesota 55344, the owners of the property described above, take the following measures to prevent further dust blowing from such property: 1. Construct a six-foot privacy or other impervious fence along the south boundary of said Lot B, at the property line between Lot B and Lot A of said Recorded Exemption. 2. That the above-stated remedial measure must be completed no later than June 11, 1990. 3. That this matter will be reconsidered by the Board of County Commissioners of Weld County at its regularly scheduled meeting at 9:00 o'clock a.m. on June 18, 1990. Page 1 of 2 Pages 9v0416 ri r-\ If you, David and Gale Mattern, the property owners, do not perform the remedial measures set forth above and in the said time frame, then the Board will, upon further consideration, order treatment of the soil and/or cause the above stated remedial measures to be done and bill you for 'all costs incurred by the Board of County Commissioners in so performing this work. DO THIS 14th day of May, 1990. ATTEST, yzaettetoBOARD OF COMMISSIONERS OF WELD , COLORAD �� r��7C '� Weld County C1 k and Recorder and Clerk to the Board By: e R. Brantner, Chairman BY:.$41.491) hi dY' 1Q0& De y County Clerk • • • Page 2 of 2 Pages 900416 • UNITED STATES Soil -- 4302 W. 9ti St . -ic . DEPARTMENT OF Conservation Greeley , CO 80634 AGRICULTURE Service - ( 303 ) 356-6506 May 10 , 1990 Bruce Barker ► Asst . County Attorney Weld County Attorney Office P. O. Box 1948 Greeley , Colorado 80632 Dear Sir , On May 10, 1990 , I investigated the dust blowing complaint for the property described as Lot B of recorded Exemption No . 0959-17-3-RE617 located in the SW 1 /4 Section 17 , Township 5 North , Range 66 West , Weld County , Colorado . The eastern one third of Lot B is presently bare of vegetation and appears to have been used an a arena for horse training or riding . That lot is blowing or has blown and has discharged soil material 5 to 6 inches deep along the south side of the fence and along the property line . Only a small portion of vegetation on Lot A has been covered but none the less the blowing condition exists and will be a continued problem if allowed to remain in its current condition . Recommendations : Temporary or immediate : Usually in these conditions , I would recommend that some form of surface roughing be used by deep chiseling or ripping to pull up clods to prevent further blowing . In this case, due to the very sandy soil condtion and due to the fact that discing has been used extensively , the soil surface is well pulverized and I doubt if a cloddy condition could be reached with deep chiseling. I , therefore , recommend that a snow crib type fence be installed, in Lot B, 10 to 15 feet north of the south fence line which will act as a barrier and catch the blowing soil particles before they leave property . If this is not adequate , a second fence could be constructed 20 feet to the north of the first fence to increaase the barrier protection. Summer and subsequent fall protection ; A cover crop of millet , forage sorghum, or long season grain sosrghum should be planted by June 15th to provide an adequate surface soil cover to prevent wind erosion problems from reoccuring next fall , winter and spring . Thease crops should be seeded at a rate of 10 pounds to the acre . 900416 Permanent : A permane vegetative cover of adap J grass species could be seeded into the summer cover crop after November 1 , 1990 and prior to April 30 , 1991 . This would afford the best chance for continued site protection but would have to be managed to prevent overgrazing and loss of grass stand . Another alternative could be used , which would allow for continued use as an arena , would be to construct a permanent wooden or other impervious material fence along the south property line that would prevent soil material from leaving Lot B to Lot A. These are only a few suggestions that could be be used to prevent the soil blowing problem or prevent the aggrevation presently experienced by the neighbors . The best solution would be for the neighbors to agree how to best solve the problem to their mutual interests . If you have any further questions or require any further assistance , please , contact me . Sincerley , Ronald D . Miller District Conservationist 9,..0416 -6(i( MARY ANN FEUERSTEIN WELD COUNTY CLERK AND RECORDER P.O. BOX 758 - - GREELEY, COLORADO 80632 (303)356-4000 EXT.4225 �e COLORADO May 4, 1990 David and Gail Mattern 8001 W. 28th Street Greeley, CO 80634 RE: Dust Blowing Complaint for Property Located in the SWl of Section 17, Township 5 North, Range 66 West of the 6th P.M., Weld County, Colorado Dear Mr. and Mrs. Mattern: 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.B., 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 Monday, May 14, 1990, 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 �a4*..;\ ")R-ri..I., (217-4... EL) Jgeputy County Clerk 100416 dTh J_ S ui c cr c I ' � m ?g'g'° z 13 1» 1 N � ��'` N w m m m N IL zz i a ,40 A m G at, m ,1 C) E m - m a ow & a a s x q co 0 l0 6661 aunt,'OOBC m,oi Sd I I 1-1' -. . ! II IY 900416 v ( MARY ANN FEUERSTEIN k,. WELD COUNTY CLERK AND RECORDER, P.O. BOX 758 111 ' GREELEY,COLORADO 80632 (303)356-4000 EXT.4225 �e COLORADO May 4, 1990 David and Gail Mattern 11805 Runnel Circle Eden Prairie, MN 55344 RE: Dust Blowing Complaint for Property Located in the SWi of Section 17, Township 5 North, Range 66 West of the 6th P.H., Weld County, Colorado Dear Mr. and Mrs. Hattern: . 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 on Monday, May 14, 1990, 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 De ty County erk co cin 0 #.e r w>I !. E Iti1fl1 ! [L Eg Ei° < E Q''' 2 I S48t sun(''ONE uuod Sd it ki ,r aft .4 1,, �Y LYQ I e .₹ P *try Fp ,.y,. *., a �° i ^;. 4 p ,u 9CC416 OFFICE OF COUNTY ATTORNEY PHONE(303)356-4000 EXT.4391 P.O.BOX 638 GREELEY,COLORADO 80632 II Ilk • COLORADO May 4, 1990 Ron Miller, District Conservationist USDA Soil Conservation Service Greeley Field Office 4302 .W. 9th Street Road Greeley, CO 80634 RE: Dust Blowing Complaint for Property Described as Lot B of Recorded Exemption No. 0959-17-3-RE617 Dear Ron: Enclosed herein please find a copy of Recorded Exemption No. 0959-17-3-RE617. The Board of County Commissioners of Weld County has received a dust blowing complaint for the property which has been denoted "Lot B" on the recorded exemption. This property is located generally in the Southwest Quarter of Section 17, Township 5 North, Range 66 West of the 6th P.M. , Weld County,The property is currently owned by David and Gale Matter Colorado. n I respectfully request that you have someone from your office inspect the property and report back to the Board. Please have the report include what the inspection revealed and recommended remedial actions to be performed by the owners. Please note that the hearing concerning the dust blowing complaint before the Board of County Commissioners has been set for Monday, May 14, 1990. 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 letters should, please feelefreey questions to call me atr356 4000 ,s Ext.lc4391. this Sincerely, Bruce T. Barker Assistant Weld County Attorney BTB:rm Enc. 900416 " F 1587 MARY ANN FEUERSIEIN CLERK !. RLLUI:LE-f: WELD LU, LU _ ice- RECORDED EXEMPTION NO. 0959-1 T-3- RE • 617 j 49.0t .� 69LL;45942f an- a e I m i' a 2985ACres - it/6949Q�E;�aal Mc° SAC , ' $ LOTH 81 SetP:r / .? Acres' ,p � � nk /ten Qeo./7 emit ` _ � ----- —� 4:144 , so -- ` n' 57c99'a7GYJ"' 409/7' act rase nze-71214/7- i a-e47ti1✓rilasi 424-2Q95:44046(47 se.e. LEGAL DESCRIPTION `i A TRACT OF LAND SITUATE IN THE SOUTHWEST QUARTER a - 1( (SW 1/1) OF SECTION 17, TSN, R66t, OF THE 6TH P.M. AND BEING MORE PARTICULARLY DESCRIBED AS 4.7°8 FOLLOWS epfA ' aG COMMENCING AT THE SOUTHWEST CORNER (SW COR) OF SAID SECTION I7, AND CONSIDERING THE SOUTH LINE OF SAID SECTION 17 TO BEAR NORTH 8O47'00' • EAST, AND vC/I7/ 534,-/o4WITH ALL OTHER BEARINGS CONTAINED HEREIN BEING RELATIVE THERETO: THENCE N 88°47'00• ' E. A DISTANCE OF 659. 17 FEET TO THE TRUE POINT OF BEGINNING, THENCE N 00 02.00• ' W, A DISTANCE OF 329.57 FEET, THENCE N 88045.37" E. A DISTANCE OF 658.04 FEET, THENCE S 00°13'48° ' E. A DISTANCE OF 329.83 FEET, THENCE S 8047.00• • IT, ALONG THE SOUTH LINE OF SECTION 17, A DISTANCE OF 65.8. 17 FEET TO THE TRUE POINT OF BEGINNING. CONTAINING 4.985 ACRES MORE • OR LESS AND EXCLUDING THE SOUTH 30 FEET FOR ROAD RIGHT OF WAY. • WE. GARY AND MARY CRAWFORD BEING THE SOLE OWNERS IN FEE OF THE ABOVE DESCRIBED PROPERTY DO HEREBY DIVIDE TFE SAME AS SHOWN ON THE ATTACHED MAP. -•• -•-fr--9. L.,Atultei c if- - - filer;el C. ti:ditter , - • GARY CRAWFORD MARY CRAW WRD THE FOREGOING CERT I F I CAT ION WAS ACKNOWLEDGED BEFORE ME THIS 2 O DAY OF Su l/ . A.D. 1583. WITNESS MY NAND AND SEAL. MY COSN I SS I ON EXPIRES . /0/2996' • . . i I HEREBY CERTIFY THA�TTHt j�,'`^ H7, EPARED UNDER MY SUPERVISION. AND THAT THE SAME IS CORRECT TO , P!]MY A~ E AND BELIEF. /07.. " AuG 151983 'llC�y RICHARD D. LAMB • REGISTERED LAND SUR1)EYOR, COW. REG. 3970 THE ACCOMPANYING PIYK! 'TS ACCEPTED AM APPROVED FOR FIL1 NG. . , /II I. i4.41CC CHAIRMAN OF THEI‘DRIND Count+COMM1g41ONERS ( .. •i' A /K. 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S1 .v.\UT4fS A ED_Rlila • _CO I01.62 - ---- I F_-ALLY /4n o rn S_. . . _ ... _...-.._. _ _A._ 5 5 -. .. auT L.rti f (7. 1 RCS P Cc r-rsr jta45714, NYaicy_ e i - _ _ 900416 4-ei t MARY ANN FEUERSTEIN WELD COUNTY CLERK AND RECORDER 1 P O BOX 758 GREELEY, COLORADO 80632 C. (303) 3564000 EXT. 4225 COLORADO May 9, 1990 Gary Crawford 7991 W. 28th Street Greeley, CO 80634 RE: Receipt of Letter Concerning Dust Blowing Complaint Dear Mr. Crawford: The Board of County Commissioners has received your letter concerning dust blowing from a parcel which is described as Lot B of Recorded Exemption Number 0959-17-3-RE 617, in Weld County, Colorado. The Board will hear the matter of your complaint at its regularly scheduled meeting on Monday, May 14 , 1990 , at 9 : 00 a.m. The meeting will he held in the First Floor Meeting Room, Weld County Centennial Center, 915 Tenth Street, Greeley, Colorado. David and Gale Mattorn have been advised of this meeting. You also may attend in order to offer any other comments concerning this complaint . Mr. Ron Miller will he at this meeting to advise the Board of his observations during his inspection of the property. 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 Board • L , eputy County C erk BTB:rm 900416 Hello