HomeMy WebLinkAbout20251073.tiffFindings and Order of the Board of County Commissioners
Weld County, Colorado
Dust Blowing Citation Pursuant to C.R.S. §35-72-103 — McKittrick Hyatt
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 C.R.S. §35-72-103(1), that dust is blowing from the following
described parcel of land (hereinafter the "Property"):
Section 34, Township 9 North, Range 63 West of the 6th P.M., Weld County,
Colorado
Whereas, the Property is owned by McKittrick Hyatt, 45833 County Road 100,
Briggsdale, Colorado 80611, and the operation is operated by Richard Cass,
41455 County Road 86, Briggsdale, Colorado 80611, 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 24th day of March, 2025, and
Whereas, McKittrick Hyatt and Richard Cass were notified of said hearing by mail on
March 18, 2025, and
Whereas, the following persons were present at said hearing: Richard Cass;
Charles Bennett; 46032 County Road 100, Briggsdale, Colorado 80611; and
Liz Schneider, and
Whereas, pursuant to C.R.S. §35-72-103(1), the Board did make the following Findings
of Fact:
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,
roads, and homes. The Board heard testimony and received pictures of
damage to the neighbors' access road and fence, and destruction of the
neighbor's grasses and fir trees
2. That an emergency exists. The Board heard testimony as to the ongoing
damage to the Bennetts' property, as well as that the blowing soil is
exacerbating health issues for Mr. Bennett's wife.
3. That the operation appears to have been in existence for more than one
year and the operation is negligent. It appears that the operation has not
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2025-1073
EX0011
Findings and Order Regarding Dust Blowing Citation Pursuant C.R.S. §35-72-103 —
McKittrick Hyatt
Page 2
been able to get the blowing soil under control for several years, despite
a duty under statute to do so.
4. That such blowing can be prevented or materially lessened by treatment
of the soil. The Board heard testimony from Ms. Schneider that
application of manure and creation of a vegetative top cover would
ameliorate the problem.
5. That property damage appears to be resulting from soil blowing.
As mentioned above, the Bennetts' access road, fence, house, and
vegetation are all being continually damaged by the blowing soil.
Whereas, C.R.S. §35-72-103(1)(b) requires the Board, upon making said findings of fact,
to issue a citation to the owner of the property specifying the nature and extent of
treatment of the soil, the date by which treatment is to be commenced, and the date the
treatment is to be completed.
Whereas, it was ordered by the Board of County Commissioners of Weld County,
Colorado, pursuant to C.R.S. §35-72-103(1), that, in order to lessen or prevent the
blowing of soil from the subject parcels, the Property owner, Hyatt McKittrick, shall per
the recommendations of Ms. Schneider, apply liquid manure to a 300 -foot -wide strip along
the east side of the Property north of the steel fence post that roughly marks the halfway
point, and a 600 -foot -wide strip along the eastern edge of the property south of the fence
post. Said treatment shall be commenced as soon as practicable, and shall be completed
by April 16, 2025, for there to be time for Ms. Schneider to inspect the Property. The Board
further ordered a status update on the situation at the regularly scheduled Board meeting
on April 21, 2025, at 9:00 a.m., and
Whereas, on the 21st day of April, 2025, the Board of County Commissioners of Weld
County, Colorado, was informed by Ms. Schneider that Hyatt McKittrick and Richard Cass
did take the ordered actions to remedy the emergency conditions that existed for the
blowing dust, found the property owner and operator to be working towards a long-term
permanent solution to plant grass to anchor the topsoil, and that the dust blowing citation
pursuant C.R.S. §35-72-103, be dismissed.
Now, Therefore, be it Resolved by the Board of County Commissioners of Weld County,
Colorado, that the above -mentioned dust blowing citation, pursuant to
C.R.S. §35-72-103(1), be, and hereby, is dismissed.
2025-1073
EX0011
Findings and Order Regarding Dust Blowing Citation Pursuant C.R.S. §35-72-103 —
McKittrick Hyatt
Page 3
The above Resolution and foregoing Findings and Order, on motion duly made
and seconded, by the following vote on the 21st day of April, A.D., 2025:
Perry L. Buck, Chair: Aye
Scott K. James, Pro-Tem: Aye
Jason S. Maxey: Aye
Lynette Peppier: Aye
Kevin D. Ross: Aye
Approved as to Form:
Bruce Barker, County Attorney
Attest:
Esther E. Gesick, Clerk to the Board
2025-1073
EX0011
WEST GREELEY
CONSERVATION
'�1STRICT
Hearing 112
Site Visit Review Long -Term Plan
Liz Schneider
Conservation small Acreage Technician
2.025-1073
i
Blowing Dust Complaint Property of Interest
Parcels (1)
Owner: HYATT MCKITTRICK
Account; R0417W Parcel: 04oS34000009
Address:
iubdivision:
iection: 2,4 Township: 9N Range: 61W
taxes Proaerty Report. Data Search Buffer Sales
Displaying 1 - 1 (Total: 1)
41 1 Page 1 of 1 ► (►
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WCR 100
wr o .111(1
648 Total Acres
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Hearing lil Recap
• Weld County Commissioners declared emergency conditions on
March 24t", 2025
• Recommendation of a manure application at 45 tons per acre
• 300 ft wide strip along East property line on Hyatt's property that
connects with Bennetts property to the East
• An additional 300 ft wide strip of manure on the property directly
west of Charles Benntt's property
3
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What has been done?
• Areas measured and clearly marked on field
• Bladed and smoothed out drifts of soil on Bennett's road as well as
within the field
• 1,800 tons ( 3,600,000 lbs.) of manure had to be loaded and hauled
into property from Pierce
• manure stockpiled on property
anure loaded onto spreader trucks and applied to designated areas
stockpiled Manure at Site
5
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Looking North Looking North
towards WCR 1OO
towards WCR 100
Establish windbreak along west edge of property in effort to protect their
property from future damaging winds.
Next Steps.....
• Cover Crop to be planted next — Need average soil temp to be around
65°F for germination of cover crop seed.
• Permanent Grass establishment, this will take TI
• 4 to 5 years best case scenario
V
E!
thank you
LI/ SCHNEIDER
970-230-7022
liz.schneider@wgcd.org
www.wgcd.org
Hello