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Home My WebLink About930903.tiff RESOLUTION RE: ACTION OF BOARD CONCERNING DUST BLOWING COMPLAINT - S5, T3N, R66W 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 S} of Section 5, Township 3 North, Range 66 West of the 6th P.M. , Weld County, Colorado, said property being owned by K. C. Ensore, Jr. , Edna R. Ensore, Mary Edith Wilkins and J. Russell Wilkins, and WHEREAS, an inspection was made of said property by the United States Department of Agriculture, Soil Conservation Service, and WHEREAS, pursuant to the information and the inspection referred to above, a hearing was held on August 18, 1993, at which time the Board deemed it advisable to continue said matter to September 8, 1993, to allow the property owners time to comply with the remedial measures recommended by the Soil Conservation Service, and WHEREAS, at the hearing of September 8, 1993, the County Attorney advised the Board that a stand of wheat has been planted to affect remedial measures previously recommended by the Soil Conservation Service, and WHEREAS, the Board deemed it advisable to dismiss said dust blowing complaint against K. C. Ensore, Jr. , Edna R. Ensore, Mary Edith Wilkins and J. Russell Wilkins. 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 S; of Section 5, Township 3 North, Range 66 West of the 6th P.M. , Weld County, Colorado, be, and hereby is, dismissed. The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 8th day of September, A.D. , 1993. BOARD OF COUNTY COMMISSIONERS ATTEST: / �� WELD COUNTY, COLORADO Weld County Clerk to the Board � yr�.fc/ f�� GG�cc� oCnstance L. Harbert, Chairman BY: 4.4_ k �r��, /( W 0�/�/1'�� Deputy ler to the Board W. Webster, Pro-Tem APP D AS TO FORM: A rge . Baxte County ttorn Dale K. Hall arbara 1Ba � d- y r�ta�< 44 J. Kirkmey r 930903 EX 001 I cc.. ; Cam, ScS2 O&A'fe5, e nnPGivT isq • 46 'III OFFICE OF COUNTY ATTORNEY PHONE(303)356-4000 EXT.4391 P.O BOX P.O. BOX 1918 GREELEY,COLORADO 80632 COWJI'Dc. ORADO ) August 9 , 1993 CERTIFIED MAIL K. C. Ensore, Jr. Edna R. Ensore Mary Edith Wilkins s J. Russell Wilkins P.O. Box 246 Littleton, CO. 80120 RE : Dust Blowing Complaint for Property Located in the South 1/2 of Section 5, Township 3 North, Range 66 West of the 6th P.M. , Weld County, Colorado Dear Ladies and Gentlemen: 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/ AMOS 18, 1993 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. !I 930815 . 930903 `/y,f�' ��iyyn.GdG • K. C. Ensore, Jr. Edna R. Ensore Mary Edith Wilkins J. Russell Wilkins Page 4 August 9 , 1993 H I If you have any questions concerning this matter, please contact this office at 356-4000, Extension 4391 . /..-Ve-r truly yours l race T. Banker Weld County Attorney BTB/gb re m o • o gm $4 o 'm > h c° V) :28 O _ - a-. _ ea ? O t'1r. al 03 gt' .7'C t - gm ' $ O £ N m W o O S +1 1 r 8 s a Oz°N' • mN r T flIIId w IF g o Oh 2 • .5 -I s 1d 0661 aunr'009£ WJOd.Sd 92QP3 i r • ‘Hees OFFICE OF COUNTY ATTORNEY PHONE(303)356.4000 EXT.4391 BOX P.O. BOX 1948 GREELEY,COLORADO 80632 1111D e. E 1^ COLORADO August 9, 1993 i Soil Conservation. Service Attention Sylvia Gillian 60 South 27th Avenue Brighton, CO 806.01 RE: Dust Blowing Complaint for Property Located in South 1/2. of Section 5, Township 3 North, Range 66 West of the 6th P.M. , Weld County, Colorado Dear Ms . Gillian, As per our telephone conversation of August 9 , 1993, the Board of County Commissioners has received a dust blowing complaint for property located in the South 1/2 of Section 5, Township 3 North, Range 66 West of the 6th P.M. , Weld County, Colorado. It is my understanding that you or someone from your office will inspect the property and 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 Wednesday, August 18, 1993 . Therefore, I would like to receive this report as soon as possible so that I may confirm the complaint and have the information ready for the Board' s hearing. If you should have any questions or comments concerning this letter, please feel free to call me at 356-4000, Extension 4391. ruly yours, T. B3₹fir Iv Weld County Attorney BTB/gb 930903 • c5 OFFICE OF COUNTY ATTORNEY PHONE(303)356-4000 EXT.4391 P.O BOX P.O.BOX 1948 GREELEY,COLORADO 80632 pa_ COLORADO August 9, 1993 Mr. John Eisenach 13676 WCR 36 Platteville, CO 80651 RE: Telephone Call Concerning Dust Blowing Complaint Dear Mr. Eisenach: The County Attorney' s Office has received your telephone call concerning dust blowing from a parcel which is located in the South 1/2 of Section 5, Township 3 North, Range 66 West of the 6th P.M. , Weld County, Colorado. An inspection will be conducted by the Brighton Soil Conservation District. The parcel is owned by K. C. Ensore, Edna Ensore, Mary Edith Wilkins, and J. Russell Wilkins . The Board will hear the matter of your complaint at its regularly scheduled meeting on Wednesday, August 18, 1993 at 9 a.m. The meeting will be held in the First Floor Meeting Room, Weld County Centennial Center, 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 any questions, please contact this office at 356-4000, Extension 4391 . truly yours , Bruce T. Barker Weld County Attorney BTB/gb:eisenach 920903 ( DATE : 8/9/93 TIME: DUST COMPLAINTS Name, Address , and Telephone Number of Complainant: John Eisenach 785-2422 13676 WCR 36 Platteville, CO 80651 S Description of Property From Which Dust is Blowing: Fields across road from Mr. Eisenach South 1/2 of Section 5, Township 3 North, Range 66 West Description of Damage to Public or Private Property: Wind blowing dust around, dust pretty thick at times; a large wind storm will cover his crops Name, Address , and Telephone Number of Owner or Operator of Property: K. C. Ensore,Jr. , Edna R. Ensore, Mary Edith Wilkins, J. Russell Wilkins (798-6764 - Green Valley Turf Farm main office) P.O. Box 246 , Littleton, CO 80120 Other Information: PIN 1211-05000029, Book 9860, Reception 01914298, SE 1/4 5366 PIN 1211-05000035, Book 9900, Reception 01919330, SW 1/4 Follow-up: ASK THE COMPLAINANT TO PUT THIS INFORMATION IN WRITING AND SEND THE SAME TO: CLERK TO THE BOARD, P . O. BOX 758 , GREELEY, CO 80632 . 920903 • - AUG 17 '93 12:09 KWIKJ'Y r P.1'2 I UNITED STATES Soil 60 S. 27th Avenue DEPARTMENT OF Conservation Brighton, CO 80601 • AGRICULTURE Service Phones 659-7004 August 16, 1993 To: Gloria Birdsall Weld County Attorneys Office P.O. Box 1948 Greeley, Colorado 80632 Re: Dust Blowing Complaint for Property Located in South 1/2 of Section 5, Township 3 North, Range 66 West of the 6th p.m. , Weld County, Colorado Dear Ms. Birdsall, Enclosed is a copy of our findings in review of the dust blowing complaint across the road from 13676 WCR 36 . We looked at this site twice, once alone and again with the producer once ownership was determined. Upon review-we found the condition of the site to be clean tilled, somewhat crusted with scattered clods 1/2" to 2" in diameter. The last tillage operation left the soil surface relatively smooth. It was done in a northeast to southwest direction, perpendicular to the prevailing wind direction. There was • evidence of some slight soil movement . However, no blown soil particles had deposited on the south side along WCR 36. After speaking to both Mr. Russell Wilkens and Parry Dappen they expressed concerns that County Road 36 contributed more to the dust problem than their field. This field had been in wheat for six to seven .years. As a result of substantial • oil field activities, (2 pipelines) , crossing the property they decided this would be the year to clean up a noxious weed problem in this field. Approximately 60 acres of this • quarter section was infested with canadian thistle. The area was treated with 2,4D and Banvel to control the problem. Additional tillage was used to further disrupt the weed cycle. Tillage included plowing this spring (left rough for two weeks) mulched and land planed. They plan to plant wheat in two to three weeks . Soils in this area include a Loup-Boel Sand complex, Olney Loamy Sand and Vona Loamy Sand. All of these soils have the potential to be highly erosive if vegetation is removed and no protective barriers and or cover crops are put in place. To remedy the problem vegetation should be re-established. If wheat is seeded it should take place no later than September 3rd and it should be irrigated up since there was no soil moisture down 3 or 4 inches. As temporary uN AUG 17 ' 93 12: 11 1 303 659 5079 PPGE .001 ..v3 AUG 17 '93 12:10 KWIK K' ' P.2/2 ti • protection, surface roughening (clod forming tillage) , such as listing or mulching should be done. If feedlot manure is available it could be spread at a rate of 40000 lbs./ac to minimize erosion. In the future when vegetative cover is removed either manure spreading or temporary wind barriers (snow fence) , at a distance of no more than 120' apart, should be applied. If wind barriers are used then they should be perpendicular to the prevailing wind, which is • northeast to southwest. • • • Sylvia Gillen District Conservationist, Brighton Field Office • cc: Mr. Russell Wilkens, Green Valley Turf Farms Platte Valley Soil Conservation District • • • • • • f • • PUG 17 ' 93 12: 11 1 303 659 5079 PRGE. 002 930903 f OFFICE OF COUNTY ATTORNEY PHONE(303)356-4000 EXT.4391 P.O.BOX 1948 GREELEY,COLORADO 80632 • • COLORADO August 20, 1993 Sylvia Gillen, District Conservationist Brighton Field Office United States Department of Agriculture Soil Conservation Service 60 South 27th Avenue Brighton, CO 80601 RE: Dust Blowing Complaint for Property Located in the South Half of Section 5, Township 3 North, Range 66 West of the 6th P.M. , Weld County, Colorado Dear Ms . Gillen: On Wednesday, August 18, 1993, the Board of County Commissioners of Weld County, Colorado, considered the dust blowing complaint against K.C. Ensore, Jr. , Edna R. Ensore, Mary Edith Wilkins, and J. Russell Wilkins, for property located in the South half of Section 5, Township 3 North, Range 66 West of the 6th 'P.M. , Weld County, Colorado. Upon listening to the testimony and considering your letter dated August 16 , 1993, the Board of County Commissioners decided to allow the property owners additional time in which to accomplish the remedial measures which were suggested in your letter. The Board is therefore continuing the matter to September 8, 1993 . The Board respectfully requests that you check the property again some time prior to September 8, 1993 to determine if the remedial measures have indeed been accomplished. Thank you for your help in this matter. I will look forward to hearing from you prior to September 8,1993 regarding the status of the measures taken. Yours truly, B' ruce T. k Weld County Attorney BTB/db pc: Clerk to the Board 930f r3 Hello