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Home My WebLink About940371.tiff RESOLUTION RE: ACTION OF BOARD CONCERNING DUST BLOWING COMPLAINT ON LAND OWNED BY HOWARD FOSTER - SE* S3, T11N, R60W 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 SE! of Section 3, Township 11 North, Range 60 West of the 6th P.M. , Weld County, Colorado, said property being owned by Howard Foster, 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 18, 1994, at which time the Board was advised by the County Attorney staff that emergency tillage had been completed and was successful in managing wind erosion on the site, pursuant to a letter dated April 11, 1994, from the Soil Conservation Service, and WHEREAS, the landowner was not present at said hearing, and WHEREAS, after consideration, the Board deemed it advisable to close said dust blowing complaint on the abovementioned property. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld County, Colorado, that the dust blowing complaint on property located in the SEe of Section 3, Township 11 North, Range 60 West of the 6th P.M. , Weld County, Colorado, and owned by Howard Foster, be, and hereby is, closed. The above and foregoing Resolution was, on motion duly made and seconded, - adopted by the following vote on the 18th day of April, A.D. , 1994. ATTEST: /0114417 BOARD OF COUNTY COMMISSIONERS WELD COUNTY, C LORADO Weld County Clerk to the Board 1 0 / O1 H. �/j p H. Web ter, hair an G BY: Jape{ nab.- Deputy r(AJC.I'.L.v . Deputy Berk to the Board Da e Ha 1, Prom APPRO AS TO FORM: -c + t C , 7X, Geo e Baxter County Atto ey onstance L. Harbert arbara J. Kirkme er 940371 fit 0G 1/ c< : tvi c: r, n_ (it? ‘t. , OFFICE OF COUNTY ATTORNEY ft \Li PHONE(303)356-4000 EXT.4391 P.O. BOX 1948 GREELEY,COLORADO 80632 WIDc. COLORADO April 5, 1994 CERTIFIED MAIL Mr. and Mrs . Howard Foster Route 2 Grover, CO 80729 RE: Dust Blowing Complaint for Property Located in the SE4 of Section 3, Township 11 North, Range 60 West of the 6th P.M. , Weld County, Colorado Dear Mr. and Mrs . Foster: 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 18, 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 the 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 . Very truly yours ,/ T. Bar er Weld County Attorney 940371 l KIT/ OFFICE OF COUNTY ATTORNEY pf / PHONE(303)356-4000 EXT. 4391 P.O. BOX 1948 GREELEY,COLORADO 80632 11 I C. COLORADO April 5, 1994 USDA Soil Conservation Service Mr. Calvin Essex 4302 W. 9th Street Road Greeley, CO 80634 RE : Bust Blowing Complaint for Property Located in the SE4 of Section 3 , Township 11 North, Range 60 West of the 6th P.M. , Weld County, Colorado Dear Mr. Essex: As per our telephone conversation of April 4 , 1994 , the Board of County Commissioners has received a dust blowing complaint for property located in the SE4 of Section 3 , Township 11 North, Range 60 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 Monday, April 18, 1994 at 9 a .m. Therefore, I would like to receive this report by April 14 , 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 . Very7truly yours Bruce T. Barer Weld County Attorney 940371 OFFICE OF COUNTY ATTORNEY r4ii;\I/ PHONE(303)356-d000 EXT.BOX 4391 (n\\ P.O. BOX 1948 GRE_LEY, COLORADO 80632 ip C. COLORADO April 5 , 1994 Mr. George Ehmke 53468 WCR 384 Grover, CO 80729 RE : Letter Concerning Dust Blowing Complaint Dear Mr. Ehmke : The County Attorney' s Office has received your letter concerning dust blowing from a parcel which is located in the SE4 of Section 3, Township 11 North, Range 60 West of the 6th P .M. , Weld County, Colorado . An inspection will be conducted by the West Greeley Soil Conservation District . The parcel is owned by Howard Foster. The Board will hear the matter of your complaint at its regularly scheduled meeting on Monday, April 18 , 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 West Greeley 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 . __Vey truly yours;"_ ruce T. Barker Weld County Attorney 940371 .. . . . ... . .... . . .. . .. . . ... . .. DATE: -4//y/ / TIME:A DUST COMPLAINT /�d% eL Nam R,, address, and telephone number of ComplainaXt : 46 Ye Co c/ 99o-- Description of property from which dust is blowing ( include legal description, if possible; at a minimum, section quarter and roads) : ( d I©.S GT Date of blow: . /02.3/9y Description of damage to public or private property: (A)IC Cc � X6to lc�z v ?i �ti c 6(-cd Let?c( �Cc _ crig G o ? /O r) Name, address , telephone number of owner or operator of property: Cu) (ictc.,DC(.y� GZC.t C ( & , ns- Other information: Follow-up : SEND THE LETTER REQUESTING THAT THE COMPLAINT BE PUT IN WRITING AND SENT TO THE COUNTY ATTORNEY ' S OFFICE, P .O. BOX 1948, GREELEY, COLORADO 80632 . dustinfo 940371 UNITED STATES SOIL 4302 W. 9TH ST. RD. DEPARTMENT OF CONSERVATION GREELEY, CO 80634 AGRICULTURE SERVICE (303) 356-6506 April 11, 1994 Ms. Gloria Birdsall Weld County Attorney Office Post Office Box 1948 Greeley, Colorado 80632 Dear Ms. Birdsall: Based on our telephone conversation on April 4 , 1994 , the Board of County Commissioners received a dust blowing complaint for property located in the SE4 of Section 3 , Township 11 North, Range 60 West of the 6th P.M. , Weld County Colorado. As requested, this complaint was investigated by an SCS official. This is the report of findings on the site in question. The present operator, Howard Foster, was contacted by mail on April 5, 1994 so that he could participate in this field check. Mr. Howard Foster was not present during the field check, but his son was present. The field check was completed on April 7, 1994 . Findings of the field check were discused with Mr. Howard Foster on April 8, 1994 during a telephone conversation. The following data is based on observations made at the site and on the date mentioned above. Field 1B (located on the west border of Weld County Road 105) was the problem area not the entire quarter section mentioned above. Evidence found in the ditch of Weld County Road 105 indicates that wind has removed soil from field 1B and has deposited it in the ditch. However, soil movement from the area in question did not occur during the field check even though sporadic winds were present. Emergency tillage had been completed on the entire field (1B) , and it has been successful in managing wind erosion on this site. Future management options recommended to Mr. Foster for reducing repeat occurrences include: using a summer crop for cover on field 1B in 1994, and installing wind strips 660 feet or less in width over the entire quarter section beginning in the fall of 1994 (after winter wheat harvest) . Sincerely, k' R 1 3 1994 �' , AP Calvin Essex 8' B Soil Conservationist tvELO COUNTY ATTORNEY'S_n!' '-L 940371 UNITED STATES SOIL 4302 W. 9TH ST. RD. DEPARTMENT OF CONSERVATION GREELEY, CO 80634 AGRICULTURE SERVICE (303) 356-6506 April T +n Ms. Gloria Birdsall f in I Weld County Attorney Office ! APR 181994 ''? I Post Office Box 1948 '- U Greeley, Colorado 80632 A i O�NEY OUNTY Dear Ms. Birdsall: S PiCE Based on our telephone conversation on April 4 , 1994 , the Board of County Commissioners received a dust blowing complaint for property located in the SE4 of Section 3 , Township 11 North, Range 60 West of the 6th P.M. , Weld County Colorado. As requested, this complaint was investigated by an SCS official and a report was mailed to you. This is a modification of the future actions section located on the April 11, 1994 report. On April 13 , 1994 , Mr. Foster visited the SCS Field Office to proceed with discussions on erosion prevention. Field 1B will be split into two 500 feet wide north/south wind strips. This will be accomplished by planting a summer crop on the eastern most strip during the spring-early summer of 1994 . The other strip will be planted to winter wheat during the fall of 1994 . Mr. Foster's FSA plan was revised to reflect the actions mentioned above. After evaluating options, Mr. Foster agreed to the above steps and signed the revised FSA plan. (Strips will not be installed throughout the entire quarter section as indicated in the prior report. ) Sincerely, Calvin Essex Soil Conservationist Hello