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Home My WebLink About990891.tiff RESOLUTION RE: APPROVE FINDINGS AND ORDER CONCERNING DUST BLOWING COMPLAINT - NE1, S15, T4N, R64W 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., that dust is blowing from property located in the NE% of Section 15, Township 4 North, Range 64 West of the 6th P.M., Weld County, Colorado, said property being owned and/or operated by Walter and Carol l3ockius, 21604 Weld County Road 40, LaSalle, Colorado 80645, 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 the 21st day of April, 1999, at which time the Board made Findings of Fact pursuant to Section 35-72-101(1), C.R.S., and WHEREAS, Walter and Carol Bockius, the landowners were not present at said hearing, and WHEREAS, upon said Findings of Fact, the Board ordered that the owners and/or operators of said property, Walter and Carol Bockius, treat said property as described in the Findings and Order, a copy of which is attached hereto and incorporated herein by reference, within the time limits stated therein. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld County, Colorado, that the Chair of the Board is authorized to sign said Findings and Order and that Walter and Carol Bockius are 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. pilc� e c ,,p /. • C So / ti 990891 EX0018 DUST BLOWING -NE'/, S15, T4N, R64W PAGE 2 The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 21st day of April, A.D., 1999. BOARD OF COUNTY COMMISSIONERS COUNTY C LO ADO ATTEST: — Dale K. Hall, Chair Weld County Clerls, t oe? -. . `, #rri" i ' EXCUSED DATE OF SIGNING (AYE I c�: Barb a J. Kirkmeyer Pro-Tem BY: O , 1 Deputy Clerk t 0 5 i '- A George E. xte r i (� • ED AS TO FORM: 2," J.tit; — �� -- J. �eile G��unty Attorney , 14i 4 c(eit _ Glenn Vaael- 990891 EX0018 FINDINGS AND ORDER OF THE BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO WHEREAS, the Board of County Commissioners of Weld County, Colorado has been informed, in accordance with Section 35-72-103(1), C.R.S., that dust is blowing from the following described parcel of land: NE'%, Section 15, Township 4 North, Range 64 West of the 6th P.M., Weld County, Colorado, and WHEREAS, said parcel is owned by Walter and Carol Bockius, 21604 Weld County Road 40, LaSalle, Colorado 80645, 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 the 21st day of April, 1999, Walter and Carol Bockius were notified of said hearing by first class mail on April 9, 1999, and WHEREAS, the following person was present at said hearing: Steve Foos, and WHEREAS, at said hearing, the Board made the following findings, pursuant to Section 35-72-103(1): 1. That soil is blowing from the land in sufficient quantity to be injurious to private property including, but not limited to, crops, grasslands, fences, fence rows, irrigation canals, ditches, or livestock on adjacent or other land, or to roads, borrow ditches, fences or other public property. 2. That an emergency exists. 3. That the operation appears to have been in existence for more than one year and the operation is negligent. 4. That such blowing can be prevented or materially lessened by treatment of the soil. 5. That property damage appears to be resulting from soil blowing. IT IS HEREBY ORDERED by the Board of County Commissioners of Weld County, Colorado, pursuant to Section 35-72-103(1), C.R.S., that Walter and Carol Bockius plant the field corners into either a cover crop each year or permanent vegetation, as well as preform of the three options recommended in a letter dated April 9, 1999, from Michael Shay, Weld Greeley Soil Conservation District, by May 1, 1999, which are: 1. Deed tillage in strips through the field with either a chisel plow or ripper to rough up the surface to prevent erosion until spring tillage begins. 2. Spread 25 tons of manure/acre over the field. 990891 EX0018 DUST BLOWING -NE'/, S15, T4N, R64W PAGE 2 3. If water is available to run the center pivot, one complete circle to stabilize the soil and the corners and other non-watered areas along the lateral would still need to be ripped. DATED THIS 21st day of April, 1999. Awe ,/ BOARD OF COUNTY COMMISSIONERS r0/yl�i/4J� / ATTEST: i j/ C,.7 _�a •\ WELD COUNTY, COLORADO Weld County Clerk to the �a .` �' By: ‘I�.. ,a:, " 2 Y By /- ( lam/l (_ - , 1 it �i%e.j c ; , 'L • Deputy Clerk to the Bot:irn `4 /Brbara J. Kirkmeyer, Chair Protein v 990891 EX0018 WELD COUNTY ATTORNEY'S OFFICE MI; PHONE: (970) 356-4000, EXT. 4391 FAX: 352-022 915 TENTH STREET n P.O. BOX 1948 GREELEY, COLORADO 80632 C. COLORADO April 9, 1999 Steve Foos 23435 WCR 61 Kersey, CO 80644 RE: Dust Blowing Complaint Dear Mr. Foos: Enclosed is a copy of the letter which I sent to Walter and Carol Bockius regarding dust blowing from the NE'/4 of Section 15, Township 4 North, Range 64 West of the 6th P.M., Weld County. Colorado. Enclosed with that letter is a copy of a letter I just received from Mike Shay of the West Greeley Soil Conservation District. The Board will hear the matter of your complaint at its regularly scheduled meeting on Wednesday, April 21, 1999, at 9:00 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 attend in order to offer any other comments concerning this complaint. If you have any questions, please contact this office at 356-4000, Extension 4391. Very truly yours, Bruce T. Barker Weld County Attorney Enclosures pc: Mike Shay Clerk to the Board 990891 DATE: l- ;' TIME: <- DUST COMPLAINT Name, address, and telephone number of Complainant: , l Description of property from which dust is blowing (include legal description, if possible; at a minimum, section quarter and roads): Date of blow: - i u" Description of damage to public or private property: Name, address, telephone number of owner or operator of property: • - Other information: ! _ /All ! , Follow-up: h WELD COUNTY ATTORNEY'S OFFICE PHONE: (970) 356-4000, EXT. 4391 Atik FAX: (970) 352-0242 915 TENTH STREET P.O. BOX 1948 GREELEY, COLORADO 80632 C COLORADO April 9, 1999 CERTIFIED MAIL Walter J. Bockius Carol L. Bockius 21604 WCR 40 La Salle, CO 80645 RE: Dust Blowing Complaint for Property Located in the NE1/4 of Section 15, Township 4 North, Range 64 West of the 6th P.M., Weld County, Colorado Dear Mr. and Mrs. Bockius: 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 the parcel and is depositing in a lateral ditch which services property farmed by Mr. Steve Foos. 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, April 21, 1999, at 9:00 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. Mr. Mike Shay, District Manager, West Greeley Soil Conservation District, has inspected the property. A letter from Mr. Shay is enclosed. As you can see, Mr. Shay makes certain recommendations as to what may be done with the property to reduce or abate the dust blowing. Please be advised that pursuant to C.R.S. § 35-72-103(1), the Board of County Commissioners may order treatment of the parcel to accomplish Mr. Shay recommendations. Any such treatment would be at your expense. If you have any questions concerning this matter, please contact this office at 356-4000, Extension 4391. Very truly yours, Bruce T. Barker Weld County Attorney Enclosure pc: Mike Shay Clerk to the Board a WEST GREELEY SOIL CONSERVATION DISTRICT C)NSI.RVA1'ION 4302 W. 9th St. Rd. Greeley, Colorado 80634-1398 (970) 356-8097 # 3 wgscd(4pawneenet.coin April 9, 1999 1 ` 16747[r"71;;I ar Weld County Commissioners ,''? APR 1 2 1999 r; 915 loth t it Greeley, Colorado 80631 a'?ELD ,uEinr'' •COUt7 ^ 'A'I`ORNEY'S OF YrVTTe' ... RFC Dust Blowing Complaint West Greeley Soil Conservation District staff has performed a site inspection on the dust blowing complaint tiled by Steve Foos on land owned by Walter Bockius, legal NE I/4 S 15 '1'4 N R64 W, on the SW corner of CR 46 and 57. Silt from the land in question is blowing into a lateral ditch on the east side of the property servicing other land which Mr. Foos fauns. The silt deposits in the ditch are approximately 8 inches deep on average, with some areas deeper, requiring Mr. Foos to clean the ditch. Mr_ Foos stated he had just cleaned the ditch last year and that the dust blowing was an annual event. He also stated he had a telephone conversation with Mr Bockius when the erosion began and asked him to perform tillage to rough up the surfa'-e to stop the erosion but nothing had been done. The crop on this land last year was silage corn, which leaves very little residue on the surface The corners of the pivot also appear to have been disced to control weeds instead of planting a cover crop or other vegetation to control erosion in those areas. 'he soil type of the land in question is a Nunn clay loam, primarily a heavy soil classified non-highly erodible. When exposed to conditions of little moisture and abnormally high winds the fine particles in the top layer of this soil are susceptible to wind erosion. The district recommends three options for treatment: deep tillage in strips through the field with either a chisel plow or ripper to rough up the surface to prevent erosion until spring tillage begins; to spread 25 tons of manure/acre over the field; or, if water is available to run the center pivot, one complete circle to stabilize the soil (the corners and other non-watered areas along the lateral would still need to he ripped). We would also recommend the corners be planted nt., either a cover crop each year or permanent vegetation. Sincerely, Michael Shay District Manager MBI MILLAGE BROTHERS,INC. 22744 RD 59•Kersey, CO 80644•(970)353-7429 _ n April 19, 1999 t' APR 2 1 1999 - I Mr. Bruce Barker Weld County Attorney's Office 915 20th Street - l P.C. non 1940 Greeley, CO 80632 Re: Dust Blowing from NE1/4 Sec. 15 T4 R64w of the 6th PM. Dear Bruce: The purpose of this letter is to support the complaint of dust blowing from the above described lands, and support the position of Mr. Steve Foos in a hearing set for April 21, 1999 @9:00am. Millage Brothers Inc. ("MBI") is the owner of farm land directly south of the above land and has experience wheat damage due to dust blowing from said property. In addition, MBI along with Steve and Ray Foos share an irrigation ditch along the east side of said property. The dust/ dirt blew into our ditch and had to be removed, which currently we are seeking reimbursement for. It should be noted that the ditch was cleaned last year and was in good shape. MBI recognizes that from time to time farms in our area are subject to dust blowing and damage can occur. At this time we are asking: 1)Reimbursement of ditch cleaning and wheat damage, providing prompt payment (within 30 days) is made. 2) Owner take steps co resolve the dust blowing and weed problem. In the event prompt payment is not made, we reserve any and all rights with respect to this matter. Very truly yours, Al-1977, Eric Millage Millage Brothers, Inc. Hello