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Home My WebLink About940439.tiff RESOLUTION RE: ACTION OF BOARD CONCERNING DUST BLOWING COMPLAINT - EzE4 521, T3N, R67W 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, was informed, in accordance with Section 35-72-101(1) , CRS, that dust was blowing from property located in the EzE,'- of Section 21, Township 3 North, Range 67 West of the 6th P.M. , Weld County, Colorado, said property being owned by Brad and Carolyn Deroo, P.O. Box 484, Platteville, Colorado 80651, and WHEREAS, an inspection was made of the above described parcel of land, and WHEREAS, pursuant to the information and the inspection referred to above, a hearing was held on April 11, 1994, at which time the Board deemed it advisable to continue said matter to May 11, 1994, to allow the property owners time to work with and follow the suggestions of the Soil Conservation Service to alleviate the problem of blowing dust, and WHEREAS, Brad and Carolyn Deroo, property owners, were not present at the hearing of May 11, 1994, and WHEREAS, Sylvia Gillen, District Soil Conservationist for Brighton Soil Conservation Service, and Kenneth Mayer, complainant, were present at said hearing and advised the Board that alfalfa and a nurse crop of oats had been planted and the driveway and yard had been ripped to affect remedial measures previously recommended by the Soil Conservation Service, and WHEREAS, the Board of County Commissioners heard all the testimony and statements of those present and, having been fully informed, deems it advisable to dismiss said dust blowing complaint against Brad and Carolyn Deroo. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld County, Colorado, that the Dust Blowing Complaint concerning property located in the ElEf of Section 21, Township 3 North, Range 67 West of the 6th P.M. , Weld County, Colorado, and owned by Brad and Carolyn Deroo, be, and hereby is, dismissed. 940439 (' �/ RE: DUST BLOWING COMPLAINT - E;E; S21, T3N, R67W PAGE 2 The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 11th day of May, A.D. , 1994. Lisehleuell BOARD OF COUNTY COMMISSIONERS ATTEST: WELD COUNTY, COLORADO Weld County Clerk to the Bord km W. H. ebste , hairman ��q/1 BY: ice+ �t�l�ca . Y U. Lc. Deputy erk to the Board Dale K. Hall, pro Tem APPR AS TO FORM: �' a/--�� l Ge E. Baxter County Attorney Constance L. Har ert EXCUSED Barbara J. Kirkmeyer 940439 000 ' 3913d LL096S9E0E TO :9T 66 . 8 dd3 UNITED STATES Soil 60 S. 27th Avenue DEPARTMENT OF Conservation Brighton, CO 80601 AGRICULTURE Service Phone: 659-7004 April 8, 1994 To: Bruce Barker Weld County Attorney From: Sylvia Gillen District Conservationist, Brighton Field Office Re: Dust Blowing Complaint for Property located in the E2E2 of Section 21, Township 3 North, Range 67 West of the 6th P.M. , Weld County Colorado Dear Bruce, On April 1, 1994 I went out to the Kenneth Mayer place to provide recommendations on revegetation and landscaping on the new potato sorting facility at the Mayer place. While there I was made aware of their concerns regarding the blowing problem across the road. I observed evidence of severe erosion from across the road. In the front yard of the Mayer residence there was at least 6-8 inches of soil deposited from the first blowing incident. A small pine tree in the yard may have been destroyed by the blowing soil . According to Mrs. Mayer, the sunroom of their home had at least an inch of soil on the floors. The blowing from the Brad Dero property also started the Mayer field blowing. There is evidence: of soil movement and deposition in the Mayer fields . The deposition is evidenced by the light colored coarser material on Lhe soil surface contrasting with the darker colored soils found on the Mayer farm. After receiving your letter I made another trip on April 4,1994 . The wind was blowing very hard; probably gusting to 50 miles an hour. The ground at the Dero property was blowing severely. Enclosed are pictures of both damage to the Mayer property and soil movement on the Dero property. All or most of the farmland in the area was blowing this day. However, most of the cropland had either a rough surface or an application of manure applied to control wind erosion. The Dero property has been disced to an flat smooth surface which is most conducive to wind erosion. The Valent sand which comprises this area is the most erosive soil we deal with as it lacks soil structure and has little organic matter to bind it together. It appeared that a small grain may have been seeded at some time. It has not established itself. It also appears Mr. Dero attempted to spread manure and drillers mud on the surface at some time. The driveway had some gravel however fines have blow off in the road and borrow pit. In conclusion, I would recommend gravel or crushed rock be applied to all surface areas receiving regular traffic such as driveways. (Some of this area is travelled as he carries out his trash business) . Treatment of the remaining area could either: 940439 20 'd LL09699£0£ 'ON X d 00 NH! '8 SHN SN3NNVd VO:91 INd 66-90—Hdb E00 ' 39tld LL096G9E0E 30 :9i PG , 8 ddtl 1) As an immediate=_ remedy rip the field in a north-east to south-west direction. Followed by a cover crop (ac described above in option 2) , this spring followed by an agriculture crop or grass seeding this fall. 2) Be seeded to a cover crop this spring. Such as a sterile sorghum seeded at a rate of 8 lbs. to the acre. Then this fall, (between Noverciber 1 and April 30, on unfrozen ground) , all acreage except that which is driveway should be seeded to a native grass mix consisting of: Arriba-Western Wheatgrass (15% of mix) -16.01bs/ac.=2 .4 PLS#/ac Lovington-Blue Grama(1ot of mix) -3 .01bs/ac.=.3 PLS#/ac Elide, Woodward or Garden-Sand Bluestem(20t of mix) - 16.01bs/ac.-3.2PLS#/ac Goshen-Prairie Sandreed(25% of mix) -6.51bs/ac.=1. 63PLS#/ac Grenville, Nebraska 28 or Blackwell-Switchgrass (15% of mix) - 4 .51bs/ac.-.7PLS#/ac Llano-Yellow Indiangrass (15% of mix) -101bs/ac.=1 .SPL5#/ac *PLS=Pure Live Seed 3) Be seeded using an interseeder this spring no later than May 1,1994 . Again the same native mix would apply, but at two thirds of the above given seeding rates. 4) Be covered with gravel or crushed rock if native grass is not suitable. 5) A twin row, double density windbreak could also be planted on all sides of the property to prevent offsite damage. Onsite treatment would still be needed to protect the soil. Please call if you have further questions. Sincerely, • Sylvia A. Gillen District Soil Conservationist 940433 E0 'd 110969980E 'ON Xdd 00 NH! '8 S3N S'N3NNtld 90:91 IBd V6-80-add v OFFICE OF COUNTY ATTORNEY tf PHONE(303)3564000 EXT. 4991 P.O. BOX 1948 ��TT�� GREELEY, COLORADO 80632 wilge COLORADO April 1, 1994 CERTIFIED MAIL Brad and Carolyn Deroo P .O. Box 484 Platteville, CO 80651 RE: Dust Blowing Complaint for Property Located in the E2E2 of Section 21 , Township 3 North, Range 67 West of the 6th P.M. , Weld County, Colorado Dear Mr. and Mrs . Deroo : 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, April 11 , 1994 at 9 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 this office at 356-4000 , Extension 4391 . y truly yours, B ce T. Barker Weld County Attorney 940439 ‘t, OFFICE OF COUNTY ATTORNEY \ PHONE(303)356-4000 EXT. 1398 P.o BOX isae I GREELEY, COLORADO 80632 COLORADO April 1 , 1994 USDA - SCS Attention Sylvia Gillen 60 S . 27th Avenue Brighton, CO 80601 RE : Bust Blcwing Complaint for Property Located in the E2E2 of Section 21, Township 3 North, Range 67 West of the 6th P.M. , Weld County, Colorado Dear Ms . Gillen: As per our telephone conversation of April 1 , 1994 , the Board of County Commissioners has received a dust blowing complaint for property located in the E2E2 of Section 21 , Township 3 North, Range 67 West of the 6th P .M. , Weld County, Colorado. It is my understanding that you inspected the property and will report back to the Board. Your report will include what the inspection revealed and will recommend remedial action to be performed by the owner and/or occupier. Please note that the hearing concerning the dust blowing complaint before the County Commissioners has been set for Monday, April 11 , 1994 at 9 a.m. Therefore, I would like to receive this report by April 7 , 1994 so that I may confirm the complaint and have the information ready for the Board ' s meeting . If you should have any questions or comments concerning this letter, please feel free to call me at 356-4000 , Extension 4390 . .Very truly yours ,- , --Bruce T. Bark\er ___________ Weld County Attorney 940439 rifThas OFFICE OF COUNTY ATTORNEY PHONE(303)356-4000 EXT.4391 P.O. BOX 1948 GREELEY, COLORADO 80632 Ci COLORADO April 1 , 1994 Mr. Kenneth J. Mayer 14534 WCR 19 Platteville, CO 80651 RE : Letter Concerning Dust Blowing Complaint Dear Mr. Mayer: The County Attorney' s Office has received your complaint concerning dust blowing from a parcel which is located in the E2E2 of Section 21, Township 3 North, Range 67 West of the 6th P.M. , Weld County, Colorado . A.n inspection was conducted by the Brighton Soil Conservation District . The parcel is owned by Brad and Carolyn Deroo . The Board will hear the matter of your complaint at its regularly scheduled meeting on Monday, April 11 , 1994 at 9 a.m. The meeting will take place in the First Floor Meeting Room, Weld County Centennial Center Complex, 915 Tenth Street, Greeley, Colorado. The owners have been advised of this meeting and you also may attend in order to offer any other comments concerning this complaint . The Brighton District will be at this meeting to advise the Board of their observations during the inspection. If you have a:iy questions , please contact this office at 356-4000 , Extension 4391 . Very- truly yours , 'j T. Barker / 1—7 Weld County Attorney 940439 DATE: Z/ D TIME: DUST COMPLAINT Name, address , and telephone number of Comp inant: eeckteJ4la cJ, Royyo.ir- 7 " 7 FY-6 U6 7 q-lo -�'rS�R' 9 /g,-/ Cv( /Q L q Foe ,s- 1 Description of property from which dust is blowing ( include legal description, :_f possible; at a minimum, section quarter and roads ) : o r/ D 7� /17 e e:' I i 66" L,kl S �' . �yl, d / r al -3 - C,7 Date of blow:_3/o?3/ 9 y rfrte,s1 ✓Gas4 Ara, Description of damage to public or private property: S/ )".2 ho z, 5 d/5fig-,'rC/ c..�.-� / 71ir,- s /1)-a,c.- (1,9(1,9 G'.teas S /7/e-4i17` YI - /Ply 4 s 3a- 6 1,-YC Name, address, telephone number of owner or operator of property: ir7`5 0 '/ q ` _ 2 , , :7/ J r� }} r Other information: 1 Follow-up: SEND THE LETTER REQUESTING THAT THE COMPLAINT BE PUT IN WRITING AND SENT TO THE COUNTY ATTORNEY'S OFFICE, P.O. 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