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HomeMy WebLinkAbout910047.tiff RESOLUTION RE: ACTION OF BOARD 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 Commissioner of Weld County, Colorado, has been informed, in accordance with Section 35-72-101(1) , C.R.S. , that dust is blowing from property located in 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, pursuant to the information referred to above, a hearing before the Board was held on January 9, 1991, at which time the Board deemed it advisable to continue this matter two weeks to allow Paul Hnizdil, the leaseholder of said property, to resolve this problem. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld County, Colorado, that said dust blowing matter be, and hereby is, continued to February 20, 1991. The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 9th day of January, A.D. , 1991. ATTEST: Main BOARD OF COUNTY COMMISSIONERS WELD COUN C ORADO Weld County Clerk to the Board Gor o y, man By: 7{44,--ril eAec= �Deputy Clerk to the Board G /JrJge Kennedy, Pro-Tem APPROV D AS TO FORM: J " 14 --It 'l 4 Constance L. Harbert ounty Attorney C. W. Kirby �� W. H. Webster 910047 Centennial Soil Conservation District 621 Iris Drive - Sterling, Colorado 80751 • �'2t 5.y\y,i JAN 71991 Li —� January 4, 1991 fb Li_� COI '' ,`f Ar "?RNEY'S c 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 P.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 607 by weight in chunks 5 inches or larger should be applied to the area blowing. Our board of supervisors concur with these recommendations. Sincerely, Q� ny 2 lliird ``11Toom Fehringer President, Centennial SCD 910047 CONSERVATION - DEVELOPMENT - SELF-GOVERNMENT . b OFFICE OF COUNTY ATTORNEY PHONE(303)356-4000 EXT.BOX 4391 P.O BOX P.O. 1948 IGREELEY,COLORADO 80632 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 East } 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 property. 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, Bruce T. Barker Assistant Weld County Attorney BTB:rm 9 l DO 9-7 h - �- • OFFICE OF COUNTY ATTORNEY PHONE(303)356-4000 EXT.4397 P.O BOX P.O.BOX 7948 GREELEY,COLORADO 80632 I 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,• c� Bruce T. Barker Assistant Weld County Attorney BTB:rm • ald04-1 (� OFFICE OF COUNTY ATTORNEY t PHONE(3031 356-4000 EXT.4391 P.O. BOX 1948 C711. • GREELEY,COLORADO 80632 vgig 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 _ Hriizdil for property located in the E_ast__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 urls, Lee . Morriso FOR: ruce T. Barker BTB: sa xc: Paul Hnizdil el I U-0 4-1 f-• United States Soil 621 Iris Drive Department of Conservation Sterling, CO 80751 Agriculture Service (303) 522-7440 n FEB 07 1991 j :JELD GOUNTY ATTORNEY'S OFFICE February 6, 199 Bruce T. Barker Assistant County Attorney Office of County Attorney P.0. Box 1948 Greeley, CO 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, oetieta L n R. Healey District Conservationist cc: Greeley FO SCS Bruce Lindahl, AC, Greeley O CI i 0047 Hello