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Home My WebLink About900275.tiff RESOLUTION RE: ACTION OF THE BOARD CONCERNING REVIEW OF 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, at its regular meeting on February 21, 1990, considered a complaint concerning dust blowing from property located in the E} of Section 6, Township 7 North, Range 59 West of the 6th P.M. , Weld County, Colorado, owned by Delbert D. Castor, and WHEREAS, the Board approved a Findings and Order concerning dust blowing from said property and scheduled a review hearing for March 14, 1990, and WHEREAS, at the hearing of March 14, 1990, the Board was advised that, due to weather conditions, Mr. Castor was not able to enter the fields to begin the recommended Soil Conservation Plan, and WHEREAS, the Board deemed it appropriate to continue said hearing to March 28, 1990 , to allow Mr. Castor more time to comply with the Soil Conservation Plan, with an inspection to be performed on or before March 26, 1990, and WHEREAS, at the hearing of March 28, 1990, the Board was advised that, due to weather conditions, no further blowing has occurred, and the wheat plants would be destroyed from roughening; therefore, the Board was presented with an Amended Findings and Order, and WHEREAS, after review, the Board deems it advisable to Order Mr. Castor to treat said property described in the Amended Findings and Order, 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 Amended Findings and Order, and that Delbert D. Castor is Ordered to perform the treatment upon the above described parcel as stated in the attached Amended Findings and Order of the Board of County Commissioners of Weld County, Colorado. ,EXooil en _a 5CD-2 6,4 900275 Page 2 RE: DUST BLOWING COMPLAINT - CASTOR The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 28th day of March, A.D. , 1990. BOARD F COUNTY COMMISSIONERS ATTEST: �A n) WELD UNTY, COLORADO Weld County lerk and Recorder and Clerk to the Board ene . Bra er, C a rman ( 1 C • ,v ) "Slit= y, Pro-T B eputy County C rk r ' APPROVED AS TO FORM: Constance L. a er C.W. Kirby / W. Kirby unty Attorney EXCUSED DATE OF SIGNING - AYE Gordon E. Lacy 900275 AMENDED FINDINGS AND ORDER OF THE BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO WHEREAS, on February 21, 1990, the Board of County Commissioners of Weld County, Colorado, issued a Findings and Order which required certain remedial measures to be taken by DELBERT D. CASTOR to reduce or eliminate dust blowing from the following described parcel of land: East half (El) of Section 6, Township 7 North (T7N), Range 59 West (R59W) of the 6th P.H. , Weld County, Colorado, and WHEREAS, said Findings and Order require said remedial measures to be completed no later than March 12, 1990, and WHEREAS, on March 14, 1990, the Board of County Commissioners continued the required completion date for said remedial measures from March 12, 1990, to March 26, 1990, because of inclement weather conditions which prevented Mr. Castor from performing the remedial , and WHEREAS, on March 27, 1990, the Board of County Commissioners received a letter from C.W. Scott, Soil Conservationist, U.S.D.A. Soil Conservation Service, Greeley Field Office, which recommended certain changes to the remedial measures to be performed by Mr. Castor, and WHEREAS, the Board of County Commissioners considered this matter on March 28, 1990. The Board, having heard the testimony of Delbert D. Castor and Thomas Dale Green, and having considered the letter dated March 27, 1990, from C.W. Scott, a copy of which is attached hereto, makes the following AMENDED FINDINGS: 1. That according to Hr. Scott's letter, no further dust blowing has occurred since the time of the Board's original Findings and Order dated February 21, 1990. The wheat crop on the affected parcel has not been killed and the moisture conditions are excellent. 2. That the remedial measures detailed in the Board's Findings and Order dated February 21, 1990, would have the effect of destroying wheat plants in said parcel which may be needed as cover in two years. 3. That Mr. Castor has discussed with C.N. Scott residue management for the affected parcel and what steps must be taken now to protect surface residues for future wind erosion control. 4. That if the current winter wheat crop is allowed to grow with current site conditions, it will provide necessary ground cover to prevent further wind erosion. WHEREFORE, the Board of County Commissioners of Weld County, Colorado, sets forth the following ORDER: 1. That the remedial measures ordered in the Board's original FINDINGS AND ORDER dated February 21, 1990, be vacated. 2. That Delbert D. Castor, the owner of the property described above, must provide to the Board of County Commissioners of Weld County, no later than August 15, 1990, a plan produced by the United States Department of Agriculture, Soil Conservation Service, Greeley Field Office, which sets forth residue management for the above described parcel and steps which must be taken in order to protect surface residues for future wind erosion control. 3. This matter shall be continued indefinitely with the specific intention of reviewing the matter at a future date if the above stated action is not taken by Mr. Castor on or prior to August 15, 1990. DONE this 28TH day of March, 1990. ATTEST: BOARD OF COUNTY COMMISSIONERS, Wi Weld County C r f1k and Recorder LINTY, CO RADO and Clerk to the B d he? i Gene R. Brantner, Chairman • • puty County Cl k ®rnAorsie ,e. x• Y: nf4 _yam.-...: _. 14-,''' '.f_"7'. '31,11..: ++1. 1 k ' G N 'AO...••••••• al 1 .44 ':' 1:T. , ,.§:21.Lt.4,:. , ,,,ii, : 1 I I ii .1 ,s- - - . a M, mtt 9Nt WI aunt ton"IN Sd �' ,_; : : 900275 . n- R,41 C.� UNITED STATES 4302 West 9th Street Road DEPARTMENT OF Soil Coiieerivati on Service Greeley, Colorado 80634 AGRICULTURE Greeley rield Office (303) 356-ti506 March 27, 1990 Bruce Barker Assistant WC: Attorney Weld County P.O. Box 1948 Greeley, CO 80632 SUBJECT: Follow-up on Dust Blowing Complaint , E 1/2, Sec 6, T7N, R59W Dear Mr . Barker : C.W. Scott , Soy i i Conservationist , performed a follow-up field visit ti: determine need for surface roughening . It was found that no further blcawing had occurred . The wheat crap was not k i i l ed and the moisture conditions are exce I I ent , therefore , to perform roughening at this time would only destroy wheat plants which will be needed as cover in two years . We recommend that Mr . Caster not perform surface roughening at this time . If the current winter- wheat crop is allowed to grow with current site conditions , it wi I I provide necessary ground cover t : prevent further- wing erasion . Delbert and I discussed residue management and what steps must be taken now to protect the surface residues for future wind erosion contr-o l . Sincerely, CA) C.W. Scott Soil Conservationist 000275 / 1 RESOLUTION RE: ACTION OF THE BOARD CONCERNING REVIEW OF 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 at its regular meeting on February 21, 11990, consderd ocated in1 thee E}a of Section 6,n Township cerning d7s Nortt h,iRange ng o59Wes property comlaint West of the 6th P.M. , Weld County, Colorado, owned by Delbert D. Castor, and WHEREAS, the Board approved Findings and Order concerning dust blowing from said property and scheduled a Review Hearing for March 14, 1990, and WHEREAS, at the hearing of March 14, 1990, the Board was been ableSe to ha enterue the weather fields conditions,to begin Mthe r. Castor has not to recommended Soil Conservation Plan, and WHEREAS, after review, the Board deemed it appropriate to continue said hearing to March 28 199 to allow Mr. Castor more time to comply with the So Conservation Plan, with an inspection to be performed on March 26, 1990, and NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld County, Colorado, that the Review Hearing concerning dust blowing from said property be, and hereby is, continued to March 28, 1990, at 9:00 a.m. XOO/ ?� , � �n ce�'b!".'J �a za�� "'z!� 900249 900275 Page 2 RE: DUST BLOWING COMPLAINT - CASTOR The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 14th day of March, A.D. , 1990 . /1 cftirh BOA OF COUNTY COMMISSIONERS ATTEST: ,,(2,.. nQry�j WELD Al CO O Weld County 4erk and Recorder /L(/ /� and Clerk to the Board Gen Brant e , a rman c;:\ /nor . �/ 1Qth / Georga !Penns y ro-hem puty ounty / EXCUSED APPROVED AS TO FORM: Constance st� L. ,Harbert C.W. Ki y ✓ Z, County Attorney EXCUSED DATE OF SIGNING - AYE Gordon E. Lacy 900249 906275 //„,“, "? .- . G.ontlb Vag 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 ,y 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. 900249 ©C// 7 I. `t<13. arra' - Cf' " • - 900185 900275 C r !. 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'. 1_ . BOARD F COUNTY COMMISSIONERS ATTEST: � urnak�,tJ WELD NTY, COLORADO Weld County erk and Recorder and Clerk to the Board e . Brae r, a rman a As BY:, ge n y. -fie eputy County k ,� APPRO D AS TO FORM: nstance '. .liar ert C.W. R ounty Attor y or y 900185 906275 FINDINGS AND ORDER OF THE BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO WHEREAS, a Complaint, in writing, ha■ 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. 900275 Page 1 of 2 Pages 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. BOARD F COUNT! COMMISSIONERS • ATTEST: JF%w/td(O,f. WELD , COLD fast Weld County C rk and , Recorder By: and Clerk to the Board ens R. Brantner, Chairman By_ /07{-c�ec, aJ t tea. «�i) bbeputy County Cl. Page 2 of 2 Pages 4' 900275 Hello