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
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Centennial Soil Conservation District
621 Iris Drive - Sterling, Colorado 80751
April 12, 1991 �LI/ I it .
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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
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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 " �
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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
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If you should have any questions regarding" this letter, ' please feel
',-free to" ca] 1 'me at 356-4000, "extension 4391 •,, , ," ,, ^ '' ' '
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-'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
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OFFICE OF COUNTY ATTORNEY
s
PHONE (3021 3564000 EAT.4 49I
yiy�+, P.O. BOX 19&�" GREELEY. COLORADO 80632
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COLORADO
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L. April 9 ,%;1991 '-,
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.Paul"_Hnizdih� ��
42257 .Weld County -Road 113 ,
/' 130742 mer,
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New RaY CO '
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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
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7:1;;;.\ United States Soil 621 Iris Drive
114O70, Departmentof 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 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
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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
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