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HomeMy WebLinkAbout910331.tiff RESOLUTION RE: APPROVE FINDINGS AND ORDER 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 of County Commissioners of Weld County, Colorado, has been informed, in accordance with Section 35-72-101(1) , CRS, that dust is blowing from property located in the SW/4 of Section 12, and 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 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 17, 1991, at which time the Board made Findings of Fact pursuant to Section 35-72-101(1) , and WHEREAS, Joseph J. and Alvina A. Lousberg, 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, Paul Hnizdil, 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. 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 Joseph J. and Alvina A. Lousberg, and Paul Hnizdil 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 this matter will be reconsidered on May 20, 1991, at 9:00 a.m. to allow time to comply with the attached Findings and Order. 910331 C(QU1 Page 2 RE: DUST BLOWING COMPLAINT - HNIZDIL The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 17th day of April, A.D. , 1991. Wa/1114 BOARD OF COUNTY COMMISSIONERS ATTEST: WELD COUNT , LO DO Weld County Clerk to the Board Gordo ac , airman By: // Deputy Cler t the Boar George Ken edy, Pro-Tem APPROVED TO FORM: S �i e. � Constance L. Harbert ' � 1-4/1/ County Attorney C. W. KKir y W. H. Web er tem 1/ 910331 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 land: The Southwest Quarter of Section 12, and the East Half of Section 13, Township 9 North, Range 57 West of the 6th P.M. , Weld County, Colorado, and WHEREAS, the owner of said property is Joseph J. and Alvina A. Lousberg, and the operator of the property is Paul Hnizdil, and WHEREAS, the Board has caused an inspection of the property, 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 17th day of April, 1991, 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 considered the letter dated April 12 , 1991, from Tom Fehringer, President, Centennial Soil Conservation District, a copy of which is attached hereto as Exhibit "A, " and after review of photographs of the property taken by the Colorado State Highway Department within the past month, 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. 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 is a nuisance, given that it is causing sight problems for motorists on State Highway 71 . 4 . That such soil blowing can be prevented or materially lessened by the treatment of the soil . 5 . That property damage appears to be resulting from the soil blowing. 1 910331 IT IS HEREBY ORDERED that you, Joseph J. and Alvina A. Lousberg, whose address is 1308 Westview Drive, Sterling, Colorado 80751, and/or Paul Hnizdil, whose address is 42257 Weld County Road 113, New Raymer, Colorado 80742 , perform the remedial measure of applying feedlot manure to the property, as described in Exhibit "A, " or chisel those areas of the property which are blowing. r The remedial measures must be completed no later than Apisit to/ /� , 1991 . / This matter will be reconsidered by the Board of County Commissioners of Weld County, Colorado, at its regularly scheduled meeting at 9 : 00 a.m. , on ,2 O , 1991 . J /Pr If you, Joseph J. and Alvina A. Lousberg and/or Paul Hnizdil, do not perform the remedial measures required in 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, in accordance with the provisions of Section 35-72-105( 1) , C.R.S. DONE this / 7 day of April, 1991 . ATTEST: atet BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO Weld County Clerk to the Board By: .�/ /-f , 7,///viC�� p� Deputy Clerk to the ors Go . Lc Chairman FOLOUSBE.RMM 930331 2 . , _ a ..... Centennial Soil Conservation District 621 Iris Drive - Sterling, Colorado 80751 April 12, 1991 �LI/ I it . 0 , r .. , . . j!`� yA•'k 1 5 '13`31 Bruce T. Barker ; _ - -J Assistant County Attorney V. ELJD COUNTY Weld County Commissioners Ka IRNEY'S OFFICE P.O. Box 1948 Greeley, CO 80632 RE: Dust blowing complaint for property located in the Southwest Quarter of Section 12, and the East Half of Section 13, Township 9 North, Range 57, West of the 6th P.M. , Weld County, Colorado. Dear Mr. Barker: With regard to your request of the Soil Conservation Service staff to reinspect the above described property, Lynn Healey made an on site observation of the dust blowing situation. The area in question was previously chiseled as suggested and since that time it has been planted to a cereal-grain— The land is continuing to blow and deposit soil material in the highway barrow ditch even with the planted grain starting to come up. The next alternative, as stated in our letter to you on January 6, 1991, is the application of feedlot manure, 40 tons per acre, with 60% by weight in chunks 5 inches of larger. Another alternative would be to blank list the major areas of concern. Our board of supervisors concur with these recommendations. Sincerely, C` t rt J�tlt�.x`/h Tom Fehringer President Centennial Soil Conservation District cc: Frank Rigg16, D.C. Greeley Field Office 9 .031 1 CONSERVATION • DEVELOPMENT - SELF-GOVERNMENT / i OFFICE OF COUL TY ATTC 1NEY � ..Y �� Fr"HO17 F_ I : 64000 _..T. 439 14.4Or�..� P.O. P.'X 191E GREELEY. COLORADO E0652 �,_ A, 4r.' ti a April 9 , '` 1991 Lynn Healey • District Conservationist a U. S .D .A. Soil Conservation Service 621 Iris Drive > � y a a „ � ' Sterling, ,CO : ;80751 � , 1 - RE : Dust Blowing Complaint for Property Located in the Southwest Quarter of Section 12 and the 'East Half of Section 13 , Township 9 North, Range 57 West of the 6th P .M . , Weld County, Colorado • c Dear -Mr. Healey. — 3 T The Board of County Commissioners of Weld County, Colorado, has received another dust blowing complaint for property located in the Southwest Quarter of Section 12 and the East Half ; of ',Section l3 ,` Township 9 North, Range 57 West of the 6th P .M. ', ,Meld County,' •- Colorado . As ycu may recall , this property was the "'subject :of a , previous dust blowing complaint in December, -1990 ;Enclosed you will find a copy of a letter from Tom Fehringer _and a letter from yourself regarding the previous complaint. `G ,gir K „r t " � � , , � . ::. ;cu s-, :K , The Board respectfully requests that --you Ithe Centennial Soil Conservation District ''reinspecE'° the"x''property 'to" V, determine if it is blowing and if any remedials"measures ;'can ,sbe` 3a,,. performed at the present time to stop or materially;lessen thech stZr- blowing . The dust blowing is causing visual .impairmentifor araffic ; on State Highway 71 . The complaint which we -received ANtas Allen Pierce of the State Highway Department . - Mr Pierce;told me that the dust blowing is so bad that he is afraid that 'accidents on State Highway 71 will occur as a result . r The Board of County Commissioners intends to hear this matter at its meetin, of 47ednesday , April 17 , 1991 . The meeting will take place at 9 : 00 o ' clock a . m . in the First Floor Meeting Room, C -rte.nnial Center Complex , 915 Tenth Street , Greeley, Colorado . 91.0 3,21. gam, tit. 'Lynn Healey '; ,. . , . . .•u.•. .._.. _ _ _.� ._.._ _>_ .. - - Page ` 2 April 9 , 1991 • Therefore, I respectfully request that I receive the ref)ort from the Soil Conservation District on or hefore .Tuesday, April 16 , -.1991 :< n r i .%y "r t ≥ ,• r` :A ^. � ; r r . �' y`,`t111" �+rtnl i.. t,. r � ` - S.x .. .; ,• .r "( t5„ .,�.Jy < ; r,. -ill,:, ..? �r N �t ,' ;; r � y a t _i ,r If you should have any questions regarding" this letter, ' please feel ',-free to" ca] 1 'me at 356-4000, "extension 4391 •,, , ," ,, ^ '' ' ' ,.P }A � • .::, r..F '' -.• J•. �•� 1• at a -' t AS;: ♦ ,, tt e ••..% .> :..� IL; c': a 'w xu - -r ., -'Thank you for yourtcontinued •cooperation in this matter it r r' i rk ),r ..� ..rr�+. 'tit - r}save y 1truly yours, M� .9 b-,-, :. r ' . „ Bruce ':T. =.Barker f` t Assistant' County..Atto::ney S • BTB. sa P.:..".',;,- "3 r t ..f Iv.. 5. r 4 :�3 y i . fM \ PY a ,f Enc . • t 3 t r t :r t x e f y?r,j�:1 I ,fits t'�..i . , �,,^r"K:'pr v�,\4,t. r ^ 1"y :^ \ l -• Y i�•a ' s t7 La. A M1 ziscii 4 44,P3.,-,A 3,'e;r`� iy:tinliy,ry¢Y,7� ' t t„ ?Ta$ .4e6;q.:,.?, a yr'3, i .- +^ r.-. _ >"tY ,K$„ 4'� '• 3..'"W.". r '" r� v - n'F L ^ t .. l 4 ,1r t.-i �� fit^ riNY"Stye .t'a•zr /, l r.�rr�rl t y;ar�sOy; t. r l 4:r r.`y'.je,h..�" ; r'L.4\t .b v 2'; s ' t 01 rsr a ¢l • . ., ;. .. {'4;' kaNY. VetriatirMIPSAW py WW.P4L rl.irriX'>'4 filWrh OFFICE OF COUNTY ATTORNEY s PHONE (3021 3564000 EAT.4 49I yiy�+, P.O. BOX 19&�" GREELEY. COLORADO 80632 c tea; COLORADO k x. r ; L. April 9 ,%;1991 '-, Y x _ .tipt a"�9 v r L t C r ,' ] --71"-s" k ro ��"{,) 4W>'�o N a�'Y i�l a�+.� w 4} " .Paul"_Hnizdih� �� 42257 .Weld County -Road 113 , /' 130742 mer, •' New RaY CO ' i �C of c t RE : Properties `,Located in Sections '12 :arid 13, ;Township ` 9 North, Rance ,57 . West of ,the -"6th P M , " •Weld ;'.County, ' J p Colorado a � � ", Dear Mr. Hnizdil The I3oard of Country Commissioners of Weld County, Colorado, has receivedsanother „dust . blowing Complaint from Mr. Allen Pierce o_f the rState Highway Department concern-ing=property wh'Ich-you are -= -- farming in Sections 12 and 13 , Township .9 North, Range 57 West of the 6th P .M . , Weld County, Colorado . According to the complaint,' the dust .blowing becomes so extreme that traffic on State Highway 71 is endangered by visual impairment . • The Board of County Commissioners of ..Weld County, Colorado, .considered the dust blowing from the property in January, 1991 . The Board then reviewed the letter from Tom Fehringer, President, Centennial Soil Conservation District . ;c "A copy of Mr. ; Fehringer ' s . January .4 , _ 1991 , _letter is enclosed herein It is my understanding that you completed 'all x'of the recommended remedial actions which were set forth in Mr. Fehringer ' s letter. Enclosed is a copy of a follow-up letter from Lynn Healey, District Conservationist, which states that the measures which you performed were adequate to control the dust blowing at -that time . The dust blowing from the parcel seems to be a continuing problem, especially so in the recent past . Therefore, the Board of County Commissioners of Weld County, Colorado, will hear this matter as a dust blowing complaint at its regularly scheduled Board meeting on Wednesday, April 17 , 1991 . The Board will ask a representative from the Centennial Soil Conservation District to inspect the property and report back to the Board as to what remedial actions r. . ;nt be performed to stop the dust blowing . Please be advised t the meeting on April 17th will take place at 9 : 00 o ' clock a . m . Sl. *a .r. --Paul Hnizdi. l _ Page 2 April 9 , 1991 in the First FLaor Meeting Room of the Weld County Centennial Center Complex, 915 Tenth Street, Greeley, Colorado , ' If yourshoul.d have any questions regarding this letter, please feel _ free to call me at 356-4000 , extension 4391 • ; . Very truly yours ' , . Bruce T Barker _ ' •*,--::::.", "--• -r-- '-- . Assistant , County Attorney . „ . } Enc . xc : Lynn !Healey . . , Joseph J . Lousberg �. .. -f,„_ t• . -,3 , - s m a 0, c= Q7 - — c ! t� CO m _ Kl', V . T -c s A J =I � - T N -.: _ 1 c' 3 T' d : �, v - = � i _ I t+-I - 1 ; � Nw i 44- Z _ — . 009E -- - _.. 91.C'�31 7:1;;;.\ United States Soil 621 Iris Drive 114O70, Departmentof Conservation Sterling, CO 80751 Agriculture Service (303) 522-7440 -- _-- --- l I r C.�J 7 .-1,E 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 Gast Half of Section 13, T9N, R57W, Weld County, Colorado Dear Mr. Barker: John Lestina, of our local. SCS, and 1. Inspected the field in question, February 5, 1991 . We found that the field had been chiseled at the recommended width and direction. Lt appeared that the work had just been finished in the last day or two. This work ,:.ppears to be adequate to control the dust blowing for the present time. Sincerely, .Lr,[. 1 Lynn R. Healey District Conservationist cc: Greeley FO SCS Bruce Lindahl, AC, Greeley Lif r !Z � . c 1 to d li lt ic.1>' OFFICE OF COUNTY ATTORNEY PHONE(3031 356-4000 EXT. 4391 v � P.O. BOX 1948 GREELEY, COLORACO 80632 1 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, ij _017/Cr i-G�Lr, Lee Morrison FOR: ruce T. Barker BTB: sa xc : Paul Hnizdil 91011b (� OFFICE OF COUNTY ATTORNEY PHONE(303)356-4000 4391 BOX P.O. BOX 1948 GREELEY,COLORADO 80632 �O COLORADO January 4 , 1991 Joseph J. and Alvina A. Lousberg 1308 Westview Drive Sterling, CO 80751 RE: 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 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 of the State of Colorado to prevent soil blowing from such land. The Board of County Commissioners 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 prcperty. The inspector, an individual from the USDA Soil Conservation Service, will provide a written report to the Board. The report will make a recommendation as to what must be done to treat the property. Pursuant to Section 35-72-103 (1) , C.R.S, the Board 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 . Sincerely , } _ . - -- Biuce T. Barker Assistant Weld County Attorney BTB : rm 9 !Da 4--? traile.., OFFICE OF COUNTY ATTORNEY if & PHONE(303)356-4000 EXT.4191 P.O BOX P.O. BOX 1948 GREELEY, COLORADO 80632 WI lige COLORADO January 4 , 1991 Dick Ivey Colorado Department of Highways 1612 Sidney Sterling, CO 80751 RE: Dust Blowing Complaint for Property Located in the East } 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 } 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 Meeting Room 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, Bruce T. Barker Assistant Weld County Attorney BTB : rm i aroo � � rs_lr� i l � OFFICE OF COUNTY ATTORNEY yy PHONE (3031 3%4000 EXT.4391 rt� P.O. BOX1948 � GREELEY.COLORADO 806320632.- 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 , 1951, 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 1 Mcrit.4,2_:, / Lee . Morrison FOR: ruce T. Barker BTB: sa xc : Paul Hnizdil GlIO10in /«�,� United States Soil 621 Iris Drive �{� Department of Conservation Sterling, CO 80751 Agriculture Service (303) 522-7440 �II i r, i. I J t I Y I February 6, 199 Bruce T. Barker Assistant county Attorney Office of :ounty Attorney P.O. Box 1948 Greeley, CJ 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, 90 /i, ��`li-1.,r7 I ' cC `'`-•L-\. Lynn R. Healey District Conservationist cc: Greeley FO SCS Bruce Lindahl, AC, Greeley O q 1004-1 Centennial Soil Conservation District 621 Iris Drive Sterling, Colorado 80751 r—� l I` 971(F-^ ilf,i__.. 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 Y.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 of 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 609 by weight in chinks 5 inches or larger should be applied to the area blowing. Our board of supervisors concur with these recommendations. Sincerely, r rx C.1'L‘ t n c�[i t,'d� J Z,1 rl Tom Fehringer President, Centennial SCD 910047 CONSERVATION - DEVELOPMENT - SELF-GOVERNMENT Hello