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Home My WebLink About900185.tiff RESOLUTION RE: APPROVE FINDINGS AND ORDER CONCERNING DUST BLOWING COMPLAINT - DELBERT D. CASTOR 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} of Section 6, Township 7 North, Range 59 West of the 6th P.M. , Weld County, Colorado, said property being owned by Delbert D. Castor, 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 February 21, 1990, at which time the Board made Findings of Fact pursuant to Section 35-72-101 (1) , and WHEREAS, Delbert D. Castor, the landowner, was present at said hearing, and WHEREAS, upon said Findings of Fact, the Board did order that the owner and/or operator of said property, Delbert D. Castor, treat said property described in the Findings and Order, which were mailed to Delbert D. Castor on February 23, 1990 , within the time limits stated therein, and WHEREAS, the Board deemed it advisable that a review hearing be scheduled for March 14 , 1990 , at 9 :00 a.m. 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 Delbert D. Castor is 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 a review hearing be, and hereby is, scheduled for March 14 , 1990 , at 9: 00 a.m. (7,-SC7> -/ r :• rk0CH PI 4sf , G fe, 900185 Page 2 RE: DUST BLOWING - CASTOR The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 21st day of February, A.D. , 1990 . f BOARD F COUNTY COMMISSIONERS ATTEST: t� �� WELD NTY, COLORADO Weld County erk and Recorder s — and Clerk to the Board e e Brantn r, hairman Ar 91.4 BY: Ge ge -nnellIcFre—Tellor eputy County C k APPRO ED AS TO FORM: Constance L. Harbert C.W. Kir -- — County Attor y _ Gor 900185 FINDINGS AND ORDER OF THE BOARD OF COUNTY COMMISSIONERS 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 land: The East Half of Section 6, Township 7 North, Range 59 West of the 6th P.M., Weld County, Colorado, 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 21st day of February, 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 Delbert D. Caster and Thomas Dale Green, and having considered Mr. Green's letter dated February 8, 1990, and a letter dated February 20, 1990, from Ronald D. Miller, District Conservationist, U.S.D.A. Soil Conservation Services, MAKES THE FOLLOWING FINDINGS: 1. That soil is blowing from the land described above in sufficient quantity to be injurious to private and public property. Specifically, soil is blowing from two (2) areas located in the easternmost 600 foot strip on the property. The first area comprises 200 feet by 600 feet and is situated approximately 100 feet south of the northeast corner of the parcel. The second area is 300 feet by 600 feet in size and is located approximately one-half (}) mile south of the northeast corner of the property. 2. That an emergency exists. 3. That the operation in question has been in existence for more than one year. It appears at present that the operation may be negligent, given that the property is tilled in a north to south direction, against the prevailing wind direction, and the soil does not have the proper residue. 4. That such blowing can be prevented or materially lessened by treatment of the soil. 5. That property damage appears to be resulting from the soil blowing. IT IS HEREBY ORDERED that you, Delbert D. Caster, the owner of the property described above, take the following measures to prevent further dust blowing from such property. 1. Perform deep chiseling to create a rough-ridged soil surface. The chiseling is intended to pull up heavier subsoil material which will be more resistant to wind erosion. Tillage must be performed in a southwest to northeast direction over the areas which are blowing, as outlined in paragraph 1 of "FINDINGS" portion of this FINDINGS AND ORDER. Attached is a copy of the supplemental specifications for surface roughening to assist you with an understanding of the required treatment. 2. That the above-stated remedial measures must be completed no later than March 12, 1990. 3. That this matter will be reconsidered by the Board of County Commissioners of Weld County at its regularly scheduled meeting a 9:00 o'clock a.m. on March 14, 1990. Page 1 of 2 Pages 900185 If you, Delbert D. Caster, the property owner, do not use the treatment method as required above and in the set time frame, then the Board will cause the treatment to be done in accordance with this Order and bill you for all costs incurred by the Board of County Commissioners in performing the treatment. DONE THIS 21st day of February, 1990. �} 1 / BOARD F COUNTY COMMISSIONERS ATTEST: I //��,�",tAA./?tk/tdlP J WELD Y, COLD 0 Weld County C k and Recorder By: Q AV( and Clerk to the Board Gene R. Brantner, Chairman -B Y1 27714-14i, pi 1 �1.11e-,(...1) eputy County Cle Page 2 of 2 Pages 900185 ;.; 55500 Weld Co . Rd. 86 j' 15 New Raymer, Co. 80742 February 8 , 1990 Weld County Commissioners P.O . Box 758 Greeley, Co. 80632 Re: Dust Blowing Complaint Dear County Commissioners: This is to inform you of a soil blowing condition that is damageing my grass and hay field. The East - , Section 6, T7iv, R59W, Weld County, owned by Delbert Castor is again blowing. In 1984 I filed a blowing dirt complaint according to the "rules" . The recommendations made to Mr. Castor at that time have not been followed. The first complaint was filed on this property in 1980. I removed my fence on the north half of the land ao the dirt bank could be cleaned up. It was considerable time before Mr. Castor cleaned some of the dirt from the fence line . T have lost the use of this field for pasture for some time because I could not put the fence back in. When I did get the fence back in it was again covered in places to the bottom wire , which is approximately 18 inches from the ground. The south half of the fence is owned by Pair. Castor and is to be maintained by him, it too is in terrible shape for the dirt blown into it. I guess a long explanation such as this is not neonssary, except this has been an on going situation of uncontrolled blowing dirt, damageing a neighbors property. This is not suppose to be acceptable under the county dust blowing resolution nor is it acceptable under the Sod Buster Act, which all farms are to control soil erosion. Consider this a dust blowing complaint Siilncerely, Thomas Dale Green Phone 303-437-4324 900185 - _ Soil 4302 W. 9th St . Rd . UNITEDSTATES Conservation Gr. e.e.ley , CO 80634 ' DEPARTMENT OF Service (303 356-6506 AGRICULTURE February 20, 1990 Bruce Barker Assistant Weld County Attorney Weld County P . O. Box 1948 Greeley , Colorado , 80632 Subject : Dust Blowing Complaint E County , Colorado 1 /2 Section 6 , Township 7N , Range 59 West of the 6th P.M. , Weld Dear Mr . Barker : As per our telephone conversation of February 9 , 1990 of a dust blowing complaint in the E_ii2 of e 6pN Range FebruaryM12 ,r . C1990 . .W. Scott of this office made a field inspection on Monday He found that a strip of cropland planted to winter wheat this fall was blowing or had blown from previous wind storms . He observed that two areas along the east edge of the field bordering the T. Dale Green property , one about 100 f ��tmiie sauth of eoftnoQtheastrner or cornerofoma3��Y 200 feet and the other about feet had blown and had accumulated t poesen{te�oaappreciable fence amount of soil along the east edge of the property . material has blown onto Mr . Green ' s property . At this point , surface roughening is the most effective treatment that can be perscribed . We would recommend that Mr . Castor perform a deep chiseling operation that will produce a rough ridged soil surface by pulling up heavier r endsoimtillage operatl which ions be performed resistant a southwest erosion . We recommend that to northeast direction over the areas that are blowing . If dry conditions continue to persist , Mr . Castor may need to increase ha h i theaad of a copy of rea of treatment to prevent further blowing from adjacent areas . I the supplemental specifications for surface roughening ,7 assass isd towithfthe understanding of the required treatment . Mr . Castor wi orm the required tillage prior to the next windy spell pel think if esurfacesoils lrehhave dried sufficently to allow proper tillage ' t weather conditions continue , Mr . Castor should be able to perform the required surface roughening by March 12 , 1990 . 9C0185 On February 20 , 1990 , Mr . Castor was in our office and we discussed the findings of the field investgation and we also recommended to Mr . Castor that he will need to modify his management program to icrease residue maintenance on this field to prevent future recurring situations . It you should have any further questions , or require more information , please contact me at 356-6506 . Sincerely , Ronald D . Miller District Conservationist mc . West Greeley Soil Conservation District 900185 • • UNITED STATES DEPARTMENT OF AGRICULTURE SOIL CONSERVATION SERVICE COLORDO Technical Guide Section IV All Field Offices April 1986 STANDARD AND SPECIFICATIONS 2.0`. SURFACE ROUGHENING — 609 c, 4 <u APR Na �^ (I STANDARD REC ��D � Definition p`S kNo Roughening the soil surface by ridge or clodforming tiI ��b£7.� _�4- O o Purpose To temporarily protect cultivated land against soil loss from erosive winds , especially during critical erosion periods . Conditions Where Practice Applies • On cropland that is in danger of being eroded by wind because of insufficient vegetation cover, cloddiness or roughness , or where other practices fail to control erosion . Planning Considerations A. A tillage speed of 3-1/2 to 4-1/2 mph will usually give the best results in producing maximum cloddiness . 8. If irrigation water is available , consideration should be given to establishing strips of fast—growing cover. C. Straw mulching or use of chemical soil stabilizer are expensive , but are often the only effective emergency measure for protection of bare shady soils . D. Provisions should be made to establish vegetation on unprotected soils as soon as possible . E. Implements should be adjusted so chisel or shovel points run behind tractor tracks . Soil pulverized by the tractor is vulnerable to the wind . F. Disks which further pulverize the soil should not be used for surface roughening . G. Surface roughening is an expedient to reduce wind erosion and does not provide long—term erosion control benefits . (Page 1 of 3) TGN #231 (Rev . 4/88) 910185 H. Surface roughening should be carried out before wind erosion occurs , but may have to be performed during a wind event if clods are destroyed and the soil surface becomes smooth . SPECIFICATIONS A. Application: Use of the practice will be confined to providing preplanned protection from wind erosion or cultivated land where no other practical alternatives exist. Field investigations should indicate that sufficient roughness and cloddiness will result before recommending surface roughening . Surface roughening is applicable following low residue crops . B. Size and Spacing of Furrows : The effectiveness of this practice depends on the size and spacing of the furrow and on the cloddiness and stability of the furrow ridges . The effectiveness is determined by Chart No. 1 . Any combination of ridge height and spacing with a value of 0.80 or less will be effective in reducing wind erosion . C. Residue Use: j Maintain existing residue as much as possible . D. All surface roughening will be performed at right angles to the anticipated wind direction. An intermediate tillage speed of 3.5-4.0 mph usually provides good roughness and cloddiness without pulverizing the soil . Low speeds are desirable when the compact soil horizon is relatively unstable and close to the soil surface . When deep tillage is necessary to find a clos forming horizon , higher speeds may be necessary to lift the clods to the surface . A tillage depth of 3-6 inches is often sufficient to bring up compact clods . (Page 2 of 3) TGN #231 <Rev . 4/88) 900185 EMERGENCY TILLAGE Chart #1 -- --p- __ vs __ .. d � - 0. I � Ne 4, I ii :.c I. arra: . ,; ' ' III N I I ,I . • I', . I I I ' . 1 G La fiX 1 \7 � � - e Z W22 ��:�� - Mal 1/4 V Z —G_— Wit Z tn aii 0 thI11IUIH Q V J Z w t \ T . . Y.I- 3 , W�� \IYem .we t:i ®�_t YIIn.WW MII•W®moo\ - WM u_ IIMMINIIIIIIBMIIIL * MS: .ii i ,, , • I 11 I I aatt - =mss -_—_ SIIIIIIMMOMIIIIMIIMIIIIIINISSINI• „p _le gal ismaiela_ � - ��. IL 1 � i Ili , 1 . ii NI� I , . .. .l ' .i ... ; I I . r S310101 • 1M913M 370H 900185 (Page 3 of 3 ) TCNI 11231 (Rev. 4 /88) (May, 1988 ) SURFACE ROUGHING (Code 609) Greeley Field Office Specifications: Tillage specifications will be based upon the following soil groupings by {` i Wind Erodibility Grouping (WEG). WEG 1 & 2: Very fine, fine and medium sands to loamy very fine and fine sands Implements: Chiseling for surface roughing 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 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. 900185 2 SURFACE ROUGHING (Code 609) '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. r 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 %. 9O0185 Surface Roughening (acre) 609 Planninz considerations for water quantity and quality Quantity - • 1. Effects on the water budget, especially on volumes and rates of runoff and infiltration. Quality 1. Effects on erosion and the movement of soil and soil-attached substances by wind. • 2. Effects on erosion and the movement of sediment, and soluble and sediment- attached substances carried by runoff- • • • • • 900185 f S T u ^""yam,t v{_%eissA,44� m R^7 ��i KlalJCt 700 E 32 an, a d w g u mEt N is, a. E 2`°,.' ≥ ¢F F) J 2 °° P'aE p°m 9 0 `=� 0 ow O J n « o � ' o w ~ = oo -Et, - U¢° o mb rc m p ka `v o o a e v o d c41; L r .. E ❑ H <a& w O« O ¢�. E �. 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Morgan, CO 80701 RE : Dust Blowing Complaint for Property Located in the E; of Section 6 , Township 7 North , Range 59 West of the 6th P.M. , Weld County, Colorado Dear Mr. Castor: 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 Wednesday, February 21 , 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 has requested an inspection of the above-described property. 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 . Mary Ann Feuerstein Weld County Clerk and Recorder Deputy County Clerk xc : County Attorney Certified - P 556 982 399 900185 Ica a E 0 •m.' '01 �+�w W N N um W Jr E d≥N ≥ 'U -o ¢U ° • ¢ O U U c W 7E. Q Jl W Q o a�E O� !b w Om m tt N—. W 17 -oo 00 c ()CC.. o j mro ¢ m 3�a oc ❑❑❑ C. w a $ V m �arH 'if'''. o v` 0 Q`17 ti Ca c W •03 o.co ccc... 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W Z h'� LL N,C O ' a o O a 2 E Q c 2 U Wen Ei & _m o 5 c O c '� CC LLJ Q i—I I� N Z OJ N J 3 J M Q E 4o a, n a, a, a m O S U (J M M2 MO 4 n• S861.aunt '008£UJJOJ Sd 900185 11/ tirl V &t 1 Ifig MARY ANN FEUERSTEIN WELD COUNTY CLERK AND RECORDE P.O. BOX 758 C GREELEY. COLORAO 80632 (3031 3564000 EX?. .:225 February 9 , 1990 COLORADO Thomas Dale Green 55500 Weld County Road 86 New Raymer, CO 80742 RE: Receipt of Letter Concerning Dust Blowing Complaint Dear Mr. Green: The Board of County Commissioners has received your letter concerning dust blowing from a parcel which is located in the Ei of Section 6 , Township 7 Nurth, Range 59 West of the 6th P .M. , Weld County, Colorado. The Board will hear the matter ct your complaint at its regularly scheduled meeting on Wednesday, February 21 , 1990 , at 9 : 00 a.m. The meeting will be held in the First Floor Meeting Room, Weld County Centennial Center, 915 Tenth Street, Greeley, Colorado. Mr. Castor has been advised of this meeting, and you also may attend in order to offer any other comments concerning this complaint. An inspector fro the Soil Conservation Service will be at this meeting to advise the Board of his observations during his inspection. 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 I -By: 7;(--,,jc.“ , < it , (Deputy County Clerk xc : County Attorney 900185 Hello