HomeMy WebLinkAbout910116.tiff RESOLUTION
RE: ACTION OF BOARD CONCERNING DUST BLOWING COMPLAINT - JOSEPH J. AND ALVINA A.
LOUSBERG
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, at its regular meeting on January 9, 1991, considered a
complaint concerning dust blowing from property located in the E/2 of Section 13,
Township 9 North, Range 57 West of the 6th P.M. , Weld County, Colorado, said property
being owned by Joseph J. and Alvina A. Lousberg, and
WHEREAS, the Board deemed it advisable to continue this matter to February 20,
1991, to allow Paul Hnizdil, the leaseholder of said property, to resolve this
problem, and
WHEREAS, at the regular Board meeting of February 20, 1991, the Board was
advised that the dust blowing problem has been resolved; therefore, the Board deems
it advisable to dismiss said complaint.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld
County, Colorado, that said dust blowing complaint on the hereinabove described
property be, and hereby is, dismissed.
The above and foregoing Resolution was, on motion duly made and seconded,
adopted by the following vote on the 20th day of February, A.D. , 1991.
/�
BOARD OF COUNTY COMMISSIONERS
ATTEST: JO // /� WELD COUNTY CO RADO
Weld County C rk/Eo !�/Ch�
Gordo rman
By: Deputy Clerk,-/ 77c.he Bo a \� ��
Board �� Geor Kennedy, Pro Tem -
APPROVED AS 0 FORM: l A0� � dii r�rh�/ c/fr-
� Constance L. Harbert
��7Cct
County Attorney C. Kirby
(//1/71 t0,2,111frAID
W. H. Webster
910116
s �S OFFICE OF COUNTY ATTORNEY
rit PHONE(3031 356-4000 EXT. 4391
� P.O. BOX 1948
GREELEY, COLORADO 80632
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COLORADO February 5 , 1991
John Purdue
Farmers Home Administration
4302 West Ninth Street Road
Greeley, CO 80634
RE : Dust Blowing Complaint on Property in the East Half of Section
13 , Township 9 North, Range 57 West of the 6th P.M. , Weld
County, Colorado
Dear Mr. Purdue:
This letter is a follow-up to our telephone conversation of Monday,
February 4 , 1991 , regarding a dust blowing complaint against Paul
Hnizdil for property located in the East Half of Section 13 ,
Township 9 North, Range 57 West of the 6th P.M. , Weld County,
Colorado.
Paul Hnizdil called me on the morning of February 4 , 1991 . He
remains convinced that the thistles blowing from property located
in the North Half of Section 12 , Township 9 North, Range 57 West
has caused the dust blowing in the East Half of Section 13 . Mr.
Hnizdil spoke with Bruce Lindel of the West Greeley Soil
Conservation Service. Mr. Lindel agrees with Mr. Hnizdil that
blowing thistles can cause dust blowing to occur. I am uncertain
as to whether Mr. Lindel has viewed the affected parcel .
Mr. Hnizdil requested that I contact you to ask if the FHA would
chop the thistles on the North Half of Section 12 . A neighbor of
Mr. Hnizdil ' s, Dale Green, apparently has the machinery which can
perform this type of work. Mr. Hnizdil asked me to suggest to you
that Mr. Green should be contacted.
Thank you for your consideration in this matter. If you should
have any questions regarding this letter, please feel free to call
me at 356-4000, extension 4391.
y lyeyours ,
/TAT" 1,G:2.,,
Lee . Morrison
FOR: ruce T. Barker
3T3 : sa
Paul Hnizdil
9loilo
P-'.^\ United States Soil 621 Iris Drive
hA `) Department of Conservation Sterling, CO 80751
��`� Agriculture Service (303) 522-7440
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February 6, 199\----------
Bruce T. Barker
Assistant County Attorney
Office. of County Attorney
P.O. Box 1948
Greeley , CO 80632
RE: Dust Blowing Complaint for Property Located in the East
Half of Section 13, T9N, R57W, Weld County, Colorado
Dear Mr. Barker:
John Lestina , of our local SCS, and I inspected the field in
question, February 5, 1991 . We found that the field had been
chiseled at the recommended width and direction. It appeared
that the work had just been finished in the last day or two.
This work appears to be adequate to control the dust blowing
for the present time.
Sincerely,
C�;,,Yl vC ,
/a � ,\
/
Lynn R. Healey
District Conservationist
cc : Greeley FO SCS
Bruce Lindahl, AC, Greeley
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RESOLUTION
RE: ACTION OF BOARD CONCERNING DUST BLOWING COMPLAINT - JOSEPH J . AND ALVINA A.
LOL•SBERG
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 Commissioner of Weld County, Colorado, has been
informed, in accordance with Section 35- 72-101(1) , C.R. S . , that dust is blo•win, from
property located in the E/2 of Section 13 , Township 9 North, Range 57 West of the
Leh P .M. , Weld County , Colorado , said property being owned by Joseph J . and Alvina
A . Lousberg, and
WHEREAS , pursuant to the information referred to above , a hearing before: the
L'oard was held on January 9 , 1991 , at which time the Board deemed it advisable to
continue this matter two weeks to allow Paul Hnizdil , the leaseholder of said
property , to resolve this; problem.
NOW , 'IHEREF0RE , BE IT RESOLVED by the Board of County Commissioners of Weld
Count : , Colorado , that e:;iid dn::r hicwinr, matter bo , and hereby is , conduce(' Lo
February 20 , 1991 .
Thy above and foregoing Resolution w;u: , on motion duly made and seconded,
.nlopted by the CoLluwing vote on the 9th d v of January , A. D. , 1'191 .
/ / / BOARD OF COUNTY COMMISSIONERS
Ai( ;AC WELD COUNT/ Cr .ORADO
old County Clerk to the Board
Gordon L. •; , lu cman
////'
i
G-9�
Deputy Clerk to the Board � George Kennedy , Pro-Tem U->
APPROVED AS TO FORM :
Constance L. Harbert
J /
County Attorney C. W..r Kirby // J I
W. H. Webster-
11°11.'
Centennial Soil Conservation District
621 Ins Drive - Stciling, Colorado 80751
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; ' ') January 4, 1991
Bruce T. Barker
Asst . County Attorney
Weld County Commissioners
P.O. Box 1948
Greeley, CO 80632
RE: Dust blowing Complaint for Property Located in the East Half
of Section 13, Township 9 North, Range 57 West of the 6th P.M. ,
Weld County , Colorado
Dear Mr. Barker :
As per your telephone conversation December 26 , 1990 with Lynn Healey ,
the Soil Conservation Service staff at Sterling, Colorado made an onsite
observation ol- the dust blowing; situation on the above described land .
The area in question was left in a pulverized condition with no residue
to protect the soil surface from blowing; when it was seeded to winter
wheat . This; area has: blown severely starting deposition in the fence
row and borrow ditch along State Highway 71 .
The Soil Conservation Service staff has recommended chiseling, diagonally
(southwest to northeast) with spacing to be 24-30 inches and about 6 inches
deep. This should bring up adequate clods to form a protective ridge
to slow erosion by wind. Should this fail to give the protection needed ,
then an application of feedlot manure , 40 ton per acre, with 60Z by
weight in chunks 5 inches or larger should be applied to the area blowing.
Our board of supervisors concur with these recommendations.
Sincerely,
j[,l it '4, -• 1�yc �, cfiA L`J y
:: ., x (11r Tom Fehringer
President , Centennial SCD
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•\ OFFICE OF COUNTY ATTORNEY
U PHONE(303) 356.4000 EY.T, 433
T P.O. BOX 32
\\ GREELEY, COLORADO 26 632
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OL®RAiJ® January 4 , 1991
•
Joseph J . and Alvina A. Lousberg
1308 Westview Drive
Sterling , CO 80751
R£ : Dust Blowing Complaint for Property Located in the Fast } of
Section 13 , Township 9 North , Range 57 West of the 6th P . M. ,
Weld County , Colorado
Dear Mr . and Mrs . Lousberg :
The Board of County Commissioners of Weld County , Colorado , has
been informed that dust is blowing from a parcel of land owned by
you and located in the East } of Section 13 , Township 9 North ,
Range 57 West of the 6th P .M. , Weld County , Colorado . According
to the information received , the soil is moving from the parcel
and i3 causing damage to surrounding properties . Pursuant to
Section 35-72- 102 (11) , C. R. S . , it is the duty of the owner or
occupier of any land of the State of Colorado to prevent soil
blowing from such land .
The Board of County Commissioner: will hear the matter of the dust
blowing at its regularly scheduled meeting on Wednesday , January
9 , 1991 , at 9 : 00 a .m. The meeting will take place in the First
Floor Meeting Room, Weld County Centennial Center Complex , 195
Tenth Street , Greeley , Colorado . You may be present at the
meeting in order to give testimony relative to the problem.
The Board has requested an inspection of the above-described
property . The inspector , an individual from the USDA Soil
Conservation Service , will provide a written report to the Board.
The report will make a recor+mendation as to what must be done to
treat the property . Pursuant to Section 35-72-103 (1 ) , C. R. S , the
Eeard of County Commissioners may order certain treatment of the
property so as to reduce or abate the dust blowing therefrom.
If you should have any questions concerning this letter or
concerning the dust blowing matter , please feel free to contact me
at 356-4000 , Ext. 4391 . 101.16
Sincerely , --
i / - - - —
Pruce T . Barker
Assist2nt Weld Col:nty Attorney
. • • , , • , _„.
a xS �� OFFICE OF COUNTY ATTORNEY
�/Y.�,Q� J Y PHONE (303) 356-4000 EXT. 43`91
T s. P.O. BOX 1948
GREELEY, COLORADO 20632
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®LORAD® -
January 4 , 1991
Dick Ivey
Colorado Department of Highways
161 ? Sidney
Sterling , CO 80751
RE : Dust Blowing Complaint for Property Located in the East 1 of
Section 13 , Township 9 North , Range 57 West of the 6th P .M . ,
Weld County , Colorado
Dear Mr . Ivey:
Please be informed that the Board of County Commissioners will
hear the matter concerning the dust blowing complaint for property
located in the East i of Section 13 , Township 9 North , Range_ 57
West of the 6th P .M. , Weld County , Colorado , at its regularly
scheduled Board meeting on Wednesday , January 9 , 1991 . The
meeting will take place at 9 : 00 a .m. , in the First Floor
`
Rcom of the Weld County Centennial Center Complex: , 915 Tenth
Street , Greeley , Colorado . The Board will appreciate your
appearance or the appearance of someone on your behalf at the
meeting . The information which you will provide the Board will be
helpful in determining whether an emergency exists and as to
whether damage has occurred on either public or private property.
If you should have any questions regarding this letter, please
feel free to call me at 356-4000 , Ext. 4391 .
Sincerely ,
J__ �.
I t: ,
� ! ,� - - -
�_ ' .
Bruce T . Barker
Assistant Weld County Attorney
BTB : rm
910116
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