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Home My WebLink About20250818.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 by Charles Bennett, 46032 County Road 100, Briggsdale, Colorado 80611, 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 Property has been inspected by Liz Schneider, Conservation and Small Acreage Technician with the West Greeley Conservation District, 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 informed of the hearing via mail sent on March 18, 2025, and Whereas, the following persons were present at said hearing: Richard Cass; Charles Bennett; Charles Bennett's son, James Bennett, 46040 County Road 100, Briggsdale, Colorado 80611; and Liz Schneider, and Whereas, pursuant to C.R.S. §35-72-103(1)(b), 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. cc : cA(B$/wc),WGC1A, APPL. O4/►V2.5 2025-0818 EX0011 Findings and Order Regarding Dust Blowing Citation Pursuant C.R.S. §35-72-103 — McKittrick Hyatt Page 2 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 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. It is hereby 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, McKittrick Hyatt, 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 orders a status update on the situation at the regularly scheduled Board meeting on April 21, 2025, at 9:00 a.m. 2025-0818 EX0011 Findings and Order Regarding Dust Blowing Citation Pursuant C.R.S. §35-72-103 — McKittrick Hyatt Page 3 The Board of County Commissioners of Weld County, Colorado, approved the above and foregoing Findings and Order, on motion duly made and seconded, by the following vote on the 24th day of March, 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 2025-0818 EX0011 FINDINGS FOR DUST BLOWING CITATION PURSUANT TO SECTION 35-72-103, C R S Pursuant to Section 35-72-103(1), C R S , the Board of County Commissioners of Weld County, Colorado, may issue a citation to the owner and/or occupier of lands from which dust is blowing, specifying the nature of treatment required, the extent thereof, the date by which such treatment is to be commenced, and the date it is to be completed In order to issue such a citation, the Board must'find the following facts 1 That soil is blowing from the land m 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 has been in existence for less than one (1) year, or if the operation has been in existence for more than one (1) year, then one of the following a The operation was a nuisance at the time the operation began, or b The operation is negligent, or c The operation has been changed so that it now results in a public or private nuisance, or d The operation has substantially increased in size 4 That such blowing can be prevented or materially lessened by treatment of the soil 2025-0818 3/2y Ex00( 0 l 1 5 That property damage appears to be resulting from soil blowing The Board must then specify what treatment will prevent or matenally lessen the soil blowing, and then state the date by which such treatment is to be commenced, and the date it is to be completed T 35, Art 72, Refs & Annos, CO ST T 35, Art 72, Refs & Annos West's Colorado Revised Statutes Annotated Title 35 Agnculture Soil Conservation Soil Erosion and Health Article 72 Soil Erosion --Dust Blowing --1954 Act CRS A T 35, Art 72, Refs & Annos Currentness CRS A T 35, Art 72, Refs & Annos, CO ST T 35, Art 72, Refs & Annos Current through legislation effective March 7, 2025 of the First Regular Session, 75th General Assembly (2025) Some statute sections may be more current See credits for details End of Douumunt 2025 1 homson Reutus No dm to of',al U S GOkemment,oiks WESTLAW O 2025 Thomson Reuters No claim to original U S Government Works § 35-72-101 Legislative declaration, CO ST § 35-72-101 West's Colorado Revised Statutes Annotated Title 35 Agnculture Soil Conservation I Soil Erosion and Health Article 72 Soil Erosion --Dust Blowing --1954 Act (Refs & Annos) C R S A § 35-72-101 § 35-72-101 Legislative declaration Currentness (1) Soil erosion and damage caused by wind storms and blowing soil produced thereby are recognized and declared to be injurious or destructive to the property and natural resources of this state and a menace to the safety of the citizens of the state (2) To deter actions which are harmful to property and natural resources and to further the ability of persons injured by negligent conduct associated with blowing soil to have legal recourse, it is determined to be in the interest of the people of this state to allow recovery of damages for such negligent conduct Credits Amended by Laws 1983, H B 1171, § 1 CRS A § 35-72-101, CO ST § 35-72-101 Current through legislation effective March 7, 2025 of the First Regular Session, 75th General Assembly (2025) Some statute sections may be more current See credits for details End of Dorrnnent , 202, Thomson Reuters No claim to original U S Golenim ,nt,orks WESTLAW © 2025 Thomson Reuters No claim to original U S Government Works § 35-72-101 5 Definitions, CO ST § 35-72-101 5 West's Colorado Revised Statutes Annotated Title 35 Agnculture Soil Conservation Soil Erosion and Health Article 72 Soil Erosion --Dust Blowing --1954 Act (Refs & Annos) C R S A§ 35-72-101 5 § 35-72-101 5 Definitions Currentness As used m this article, unless the context otherwise requires (1) "Board" means a board of county commissioners (2) "Distract" means a conservation district formed under the provisions of article 70 of this title (3) "Occupier" means any person, firm, any unit of state government or any agency of the state or federal government, or corporation, other than the owner, who is in lawful possession of any land within the county, whether as lessee, renter, tenant, or otherwise (4) "Owner" means any person, firm, or agency of state or federal government or unit of state government in whom is vested the ownership, dominion, or title of the property, and is recognized and held responsible by the law as owner of the property Credits Added by Laws 1983, H B 1171, § 2 Amended by Laws 2002, Ch 163, § 30, eff July 1, 2002 CRS A§ 35-72-101 5, CO ST § 35-72-101 5 Current through legislation effective March 7, 2025 of the First Regular Session, 75th General Assembly (2025) Some statute sections may be more current See credits for details Ind of Document 4.1, 2025 Thomson Reuters No chum to original IT S Gownmuu,orks WESTLAW © 2025 Thomson Reuters No claim to original U S Government Works § 35-72-102 Duty of landowner --liability for damage, CO ST § 35-72-102 West's Colorado Revised Statutes Annotated Title 35 Agnculture Soil Conservation Soil Erosion and Health Article 72 Soil Erosion --Dust Blowing --1954 Act (Refs & Annos) CRS A § 35-72-102 § 35-72-102 Duty of landowner --liability for damage Currentness (1) To conserve property and the natural resources of the state and to prevent the injurious effects of blowing soil, it is the duty of the owner or occupier of any land in this state to prevent soil blowing therefrom, as nearly as can be done, by planting perennial grasses, shrubs, or trees or annual or biennial crops and by treatment consisting of listing, chiseling, and similar practices at such times and in such manner as will prevent or mimmize erosion of the soil and soil blowing If soil blowing is evident, such practices shall include, to the extent practicable, leaving stubble residue on top of the soil (2) Any owner or occupier who sustains damages to his property, including but not limited to crops, grasslands, fences, fencerows, irrigation canals, ditches, or livestock, proximately caused by the failure of any other owner or occupier of other land to discharge his duty to prevent soil blowing from land he owns or occupies may recover actual damages from the other owner or occupier by bringing an action in any court of competent jurisdiction (3) Any unit of state government or any agency of the state or federal government which sustains damages to any of its property, including but not limited to roads, barrow ditches, or fences, proximately caused by the failure of an owner or occupier to discharge his duty to prevent soil blowing from land he owns or occupies may recover actual damages from such owner or occupier by bringing an action in any court of competent junsdiction (4) Such recourse to the court may be taken only upon demonstration that such owner, occupier, unit, or agency of government allegedly sustaining damages has submitted a written report of soil blowing to the board pursuant to section 35-72-103 (5) In any action brought under this section, any preventive practice followed by an owner or occupier pursuant to a citation issued by a board pursuant to the provisions of section 35-72-103 is not an admission of tort liability, in any such action, and no determination of the board shall give rise to a presumption of negligence or lack of negligence of an owner or occupier (6) The provisions of this section shall not apply to any land less than one acre to area Credits Amended by Laws 1981, H B 1099, § 2, Laws 1983, H B 1171, § 3 WESTI,AW © 2025 Thomson Reuters No claim to original U S Government Works § 35-72-102 Duty of landowner --liability for damage, CO ST § 35-72-102 CRS A § 35-72-102, CO ST § 35-72-102 Current through legislation effective March 7, 2025 of the First Regular Session, 75th General Assembly (2025) Some statute sections may be more current See credits for details Lnd of Dotument �, 2025 I homson Reuters No claim to original U 5 Go\ tmmcnt Nkork, WESTLAW © 2025 Thomson Reuters No claim to original U S Government Works 2 § 35-72-103 Action by county commissioners --emergency conditions, CO ST § 35-72-103 West's Colorado Revised Statutes Annotated Title 35 Agnculture Soil Conservation Soil Erosion and Health Article 72 Soil Erosion --Dust Blowing --1954 Act (Refs & Annos) CRS A § 35-72-103 § 35-72-103 Action by county commissioners --emergency conditions Currentness (1)(a) When the board of a county of the state is advised in writing or otherwise informed that soil is blowing from land in the county, the board is supplied with a description of the land, and it appears that private property, including crops, grasslands, fences, fencerows, irrigation canals, ditches, or livestock on adjacent or other land, or roads, barrow ditches, fences or other public property is being damaged by the blowing soil, the board shall as soon as practicable (I) Give notice of the complaint to the owner or occupier of the land from which soil is blowing, and (II) Inspect or order the inspection of the land (b) If the board finds, after consultation with the local district board of directors, the state conservation board, or an extension agent with expertise in soil conservation or soil science, and after consultation with local owners or occupiers, including the owner or occupier of the land from which soil is blowing, that soil is blowing from the land in sufficient quantity to be injurious to pnvate property, including crops, grasslands, fences, fencerows, irrigation canals, ditches, or livestock on adjacent or other land, or to roads, barrow ditches, fences, or other public property because of soil being blown thereon, the board shall determine what, if anything, can be done to prevent or materially lessen the blowing of soil from the land If the board determines, after the consultation, that the complaint lodged with it falls under article 3 5 of this title, the board shall not take further action If the board finds, after the consultation, that an emergency exists, that the blowing is occurring, that property damage appears to be resulting from the blowing soil, and that it can be prevented or materially lessened by treatment of the soil, the board shall Issue a citation to the owner as listed upon the records of the county assessor and to the occupier, if known to the board, specifying the nature of the treatment required and the extent thereof, the date by which the treatment is to be commenced, and the date it is to be completed (2) Notice of such citation shall be given by personal communication, if possible, and by mailing a copy thereof by registered mail addressed to each of the persons to whom the citation is directed at the address as shown on the records of the county assessor, otherwise, service of such citation shall be made as provided by the Colorado rules of civil procedure for the service of summons Such citation shall also be posted in a public place in the county courthouse in the county in which said land is located If such treatment is not commenced on or before three days or within such greater time as may be specified in such citation after the date of such personal communication, mailing, and posting or the service of notice as provided in this subsection (2), or if the treatment is not performed in the manner and to the extent specified in the citation and in a workmanlike manner and with due diligence, or WESTLAW © 2025 Thomson Reuters No claim to onginal U S Government Works § 35-72-103 Action by county commissioners --emergency conditions, CO ST § 35-72-103 if, prior to the expiration of the date fixed in said citation, the persons to whom said citation is directed advise the board that they do not intend to or cannot accomplish the work so directed, the board may cause such treatment to be performed in accordance with such citation (3) The provisions of this section shall not apply to any land less than one acre in area Credits Amended by Laws 1981, H B 1099, § 3, Laws 1983, H B 1171, § 4, Laws 2002, Ch 163, § 9, eff July 1, 2002, Laws 2014, Ch 43, § 1, eff Aug 6, 2014 CRS A § 35-72-103, CO ST § 35-72-103 Current through legislation effective March 7, 2025 of the First Regular Session, 75th General Assembly (2025) Some statute sections may be more current See credits for details End of Document 2025 Thomson Reuters No claim to ottgmal U S Go%emtnent,orks WESTLAW © 2025 Thomson Reuters No claim to original U S Government Works 2 § 35-72-105 Method of assessment, CO ST § 35-72-105 West's Colorado Revised Statutes Annotated Title 35 Agnculture Soil Conservation Soil Erosion and Health Article 72 Soil Erosion --Dust Blowing --1954 Act (Refs & Annos) CRS A § 35-72-105 § 35-72-105 Method of assessment Currentness (1) Upon the completion of the treatment caused to be performed by the board as provided in section 35-72-103, the board shall, by resolution, determine what land benefits and from which soil is blowing and assess against the owner of the benefited land the actual cost of the treatment not in excess of forty dollars per acre or the actual cost of treatment, whichever is less, in one calendar year The board shall record the resolution in the minutes of the board, deliver the original to the county assessor, and send a copy by registered mail to the landowner at the address shown on the records of the county assessor and to the occupier, if known to the board (2) Upon delivery of said resolution to the assessor, he shall extend the same upon the assessment rolls, and said assessment shall thereupon become a part of the general taxes and constitute a lien against said land as set forth in said resolution and shall thereafter become due in the same manner and be collected in the same manner as the general ad valorem property tax Such assessment may be paid at any time before general taxes become due and payable All of the provisions of the general laws for the enforcement of the collection of taxes shall be applicable thereto after the extension by the assessor (3) All such amounts collected shall be transmitted to the county treasurer, who shall credit the same to the county general fund in order to reimburse those funds which were expended by the board of county commissioners in carrying out the treatment action as authorized by this article The county treasurer shall not be entitled to collect any fees for the collection of such assessments Credits Amended by Laws 1981, H B 1099, § 4, Laws 1983, H B 1171, § 5, Laws 2014, Ch 43, § 2, eff Aug 6, 2014 CRS A § 35-72-105, CO ST § 35-72-105 Current through legislation effective March 7, 2025 of the First Regular Session, 75th General Assembly (2025) Some statute sections may be more current See credits for details Ind of Dotumtnt 202, Fhom,on Reuters No claim to original U S Go,rntntnt 9Rorks WESTLAW © 2025 Thomson Reuters No claim to original U S Government Works § 35-72-105 5 Immunity, CO ST § 35-72-105 5 West's Colorado Revised Statutes Annotated I Title 35 Agnculture Soil Conservation Soil Erosion and Health Article 72 Soil Erosion --Dust Blowing --1954 Act (Refs & Annos) C R S A§ 35-72-105 5 § 35-72-105 5 Immunity Currentness So long as it is engaged in the scope of activity permitted by the provisions of this article, a board or any of its members shall not be held liable in any court of competent jurisdiction for conduct associated with such tasks undertaken or assigned by it Credits Added by Laws 1983, H B 1171, § 6 CRS A § 35-72-105 5, CO ST § 35-72-105 5 Current through legislation effective March 7, 2025 of the First Regular Session, 75th General Assembly (2025) Some statute sections may be more current See credits for details End of Document , 2025 Thomson Reuters No Mann to original U S GO\ei nment V,orks WESTLAW © 2025 Thomson Reuters No claim to onglnai U S Government Works § 35-72-106 Judicial review, CO ST § 35-72-106 , West's Colorado Revised Statutes Annotated Title 35 Agnculture Soil Conservation Soil Erosion and Health Article 72 Soil Erosion --Dust Blowing --1954 Act (Refs & Annos) CRS A § 35-72-106 § 35-72-106 Judicial review Currentness Any landowner aggrieved at the amount of the assessment against his land may bang an action in the district court of the county in which the land is situated to test the validity of the assessment or to enjoin its collection, but such action must be brought within thirty days after the assessment is made and the copy of the resolution of the board is mailed as provided in section 35-72-105 and cannot be brought thereafter Credits Amended by Laws 1983, H B 1171, § 7 C R S A § 35-72-106, CO ST § 35-72-106 Current through legislation effective March 7, 2025 of the First Regular Session, 75th General Assembly (2025) Some statute sections may be more current See credits for details End of Docummnt c 2025 Thomson Renttts No claim to cmtginal CI S Go, unrncnt,otks WESTLAW © 2025 Thomson Reuters No claim to original U S Government Works § 35-72-107. Cooperation with other agencies in erosion control, CO ST § 35-72-107 West's Colorado Revised Statutes Annotated Title 35. Agriculture Soil Conservation Soil Erosion and Health Article 72. Soil Erosion --Dust Blowing --1954 Act (Refs & Annos) C.R.S.A. § 35-72-107 § 35-72-107. Cooperation with other agencies in erosion control Currentness The board of any county wherein land is being eroded or soil is blowing, as provided in this article, is hereby authorized to enter into any agreement with the federal government or any agency thereof, the state of Colorado or any agency thereof, any district, or any other county or counties for cooperation in preventing or attempting to prevent soil erosion or property damage by soil blowing. Credits Amended by Laws 1981, H.B.1099, § 5; Laws 1983, H.B.1171, § 8. C. R. S. A. § 35-72-107, CO ST § 35-72-107 Current through legislation effective March 7, 2025 of the First Regular Session, 75th General Assembly (2025). Some statute sections may be more current. See credits for details. End of Document .t.. 2u25 Thomson Reuters. No claim to original U.S. Government Works. WESTLAW Cc) 2025 Thomson Reuters. No claim to original U.S. Government Works. 1 Matthew Conroy From: Sent: To: Cc: Subject: Liz Schneider < Liz.Schneider@wgcd.org > Thursday, March 20, 2025 10:17 AM Matthew Conroy Chuck Bennett; Kandee Nourse FW: 3/17 dust blowing photos This Message Is From an External Sender This email was sent by someone outside Weld County Government. Do not click links or open attachments unless you recognize the sender and know the content is safe. .1 x_1LTT-'.J1� r ` ti Vim. .� 1 ' r •-• - ♦ 'f�•:♦ �. 'toy • -_ t jY.l .� • ��•. f�. • ti• tiot:. 1 . LT II 5 i. - �.. f -1 1,_,11/4.•-• _ �•• �r - ,1' •' . �' ).".1111 ' r. t. _ i I- . I - - • 4.1:' `�L �"•"_•7►�1��1.:.1111,11:, `~'t;!`'r I4,1�t♦��A�.. �1'11 III . �. K� ♦ tir'--11_1 ♦1. • rf,ril..r 1 ti. r -�..�_1I r -I i,. V. r� I i 101 1 4 1:53PM Tue Mar 18 I M ."le _^v. 1:57PM Tue Mar 18 Matthew Conroy From: Sent: To: Cc: Subject: Liz Schneider <Liz.Schneider@wgcd.org> Thursday, March 20, 2025 10:15 AM Matthew Conroy Chuck Bennett; Kandee Nourse FW: 3/17 windmill This Message Is From an External Sender This email was sent by someone outside Weld County Government. Do not click links or open attachments unless you recognize the sender and know the content is safe. From: Liz Schneider <Liz.Schneider@wgcd.org> Sent: Wednesday, March 19, 2025 2:16 PM To: Liz Schneider <Liz.Schneider@wgcd.org> Subject: 3/17 windmill Matthew Conroy From: Sent: To: Cc: Subject: Liz Schneider < Liz.Schneider@wgcd.org > Thursday, March 20, 2025 10:15 AM Matthew Conroy Kandee Nourse; sandhillsrock@live.com FW: 3/17 windmill looking north This Message Is From an External Sender This email was sent by someone outside Weld County Government. Do not click links or open attachments unless you recognize the sender and know the content is safe. From: Liz Schneider <Liz.Schneider@wgcd.org> Sent: Wednesday, March 19, 2025 2:17 PM To: Liz Schneider <Liz.Schneider@wgcd.org> Subject: 3/17 windmill looking north 4 Weld County Attorney's Office Phone: (970) 336-7235 1150 O Street P.O. Box 758 Greeley, Colorado 80632 www.weld.gov March 18, 2025 Hyatt McKittrick 45833 County Road 100 Briggsdale, CO 80611 Re: Dust blowing complaint for parcels 046534000008 and 046534000009 Dear Ms. McKittrick: Weld County has been advised that dust is blowing from the above parcels in such quantities to damage neighboring properties including damage to roads, fences, grass and trees as well as causing breathing issues for people in the area. Our records indicate that you are the owner of the parcels. Pursuant to Colorado Revised Statutes § 35-72- 103, the Weld County Board of County Commissioners is required to hold a public hearing to assess whether there is in fact an emergency due to blowing soil from your property that is causing damage. If there is, the Board will consider what mitigation measures need to take place and on what timeline and may issue a citation requiring you to perform the necessary mitigation. In the event you do not perform what is ordered, the Board may cause the work to be performed and assess a tax lien on your property in accordance with § 35-72-105, C. R.S. The Board has scheduled a hearing on this matter for March 242 2025, at 9:00 am. The hearing will take place in the Board of County Commissioners Hearing Room at 1150 O Street, Greeley, CO 80631. If you choose to speak, you will have the opportunity to be heard at that time. If you have questions or need additional information, please do not hesitate to contact me at (970) 400-4393 or mconroy@weld.gov. Respectfully, I\Axoch„,„ Conroy Assistant County Attorney 6,7 cc: Liz Schneider, West Greeley Soil Conservation District Bruce Barker, Weld County Attorney Page 1 of 1 Weld County Attorney's Office Phone: (97Q) 336-7235 1150 O Street P.O. Box 758 Greeley, Colorado 80632 www.weld.gov March 18, 2025 Hyatt McKittrick 413 S Howes St Fort Collins, CO 80521 Re: Dust blowing complaint for parcels 046534000008 and 046534000009 Dear Ms. McKittrick: Weld County has been advised that dust is blowing from the above parcels in such quantities to damage neighboring properties including damage to roads, fences, grass and trees as well as causing breathing issues for people in the area. Our records indicate that you are the owner of the parcels. Pursuant to Colorado Revised Statutes § 35-72- 103, the Weld County Board of County Commissioners is required to hold a public hearing to assess whether there is in fact an emergency due to blowing soil from your property that is causing damage. If there is, the Board will consider what mitigation measures need to take place and on what timeline and may issue a citation requiring you to perform the necessary mitigation. In the event you do not perform what is ordered, the Board may cause the work to be performed and assess a tax lien on your property in accordance with § 35-72-105, C.R.S. The Board has scheduled a hearing on this matter for March 24, 20251 at 9:00 am. The hearing will take place in the Board of County Commissioners Hearing Room at 1150 O Street, Greeley, CO 80631. If you choose to speak, you will have the opportunity to be heard at that time. If you have questions or need additional information, please do not hesitate to contact me at (970) 4Q0-4393 or mconroy@weld.gov. Respectfully, 1)443kittas C,„,„,„7, Matthew Conroy Assistant County Attorney cc: Liz Schneider, West Greeley Soil Conservation District Bruce Barker, Weld County Attorney Page 1 of 1 Weld County Attorney's Office Phone: (970) 336-7235 1150 O Street P.O. Box 758 Greeley, Colorado 80632 www.weld.gov March 18, 2025 Richard Cass 40034 County Road 79 Briggsdale, CO 80611 Re: Dust blowing complaint for parcels 046534000008 and 046534000009 Dear Mr. Cass: Weld County has been advised that dust is blowing from the above parcels in such quantities to damage neighboring properties including damage to roads, fences, grass and trees as well as causing breathing issues for people in the area. We believe you may be responsible for managing the two parcels south of County Road 100 and which combined form the entirety of Section 34, Township 9N, Range 63W. Pursuant to Colorado Revised Statutes § 35-72-103, the Weld County Board of County Commissioners is required to hold a public hearing to assess whether there is in fact an emergency due to blowing soil from the property that is causing damage. If there is, the Board will consider what mitigation measures need to take place and on what timeline and may issue a citation requiring you or the owner to perform the necessary mitigation. In the event you do not perform what is ordered, the Board may cause the work to be performed and assess a tax lien on the property in accordance with § 35-72-105, C.R.S. The Board has scheduled a hearing on this matter for March 24, 2025, at 9:00 am. The hearing will take place in the Board of County Commissioners Hearing Room at 1150 O Street, Greeley, CO 80631. If you choose to speak, you will have the opportunity to be heard at that time. If you have questions or need additional information, please do not hesitate to contact me at (970) 400-4393 or mconroy@weld.gov. Respectfully Thiaq, (-/velv Matthew Conroy, Assistant Weld County Attorney cc: Liz Schneider, West Greeley Soil Conservation District Bruce Barker, Weld County Attorney Page 1 of 1 7016 137Q 0000 0279 4498 3 Daoao L 6 03 Pt s E 6 55ip�PI 1 m m i 1 1 age & $tea - 1 i N N Vi N F a T w ---- geMMENIS 04 S) 0C n cn M� n O -n w F -,4 oQw cc E< + D —' r`: ON J m m 3/21/25, 11:59 AM USPS.com® - USPS Tracking® Results ALERT: SEVERE WEATHER AND WINTER STORMS IN THE WESTERN AND NORTH CENTRAL U... LISPS Tracking Tracking Number: 70161370000002794498 Copy Schedule a Redelivery (https://tools.usps.com/redelivery.htm) Latest Update FAQs > Remove X We attempted to deliver your item at 1:43 pm on March 20, 2025 in FORT COLLINS, CO 80521 and a notice was left because an authorized recipient was not available. 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FAQs https://tools.usps.com/qo/TrackConfirmAction?tRef=fullpage&tLc=3&text28777=&tLabels=70161370000002794498%2C%2C&tABt=false 2/2 WEST GREELEY CONSERVATI N cers'DISTRICT Site Visit Review Liz Schneider Conservation g small Acreage Technician 1 Blowing Dust Complaint Property of Interest Account R0417086 O Type Land Land Totals Parcel 046534000009 Code 4127 4167 Space Descnptlon DRY FARM LAND -AGRICULTURAL WASTE LAND Account Type Agricultural Tax Year 2025 Actual Value 46.196 83 46,279 Account R04169136 Type Land Land Totals Parcel 046534000008 a Code 4127 4167 O Assessed Value 12,200 20 12,220 I: + Owner: HYATT MCKITTRICK account: t-:. Parcel .••:a_ kddress: iubdivlsion: lectors: ,a Township: Range: c + .. Displaying 1 - 1 (Total: 1 ) 41 4 Page 1 of 1 ► (► Space 3 Description DRY FARM LAND -AGRICULTURAL WASTE LAND Ames 314.000 10 000 324.000 O Account Type AgncuMlral O Lend SgFt 13,877,840 435,600 14,113,440 Actual Value Buildings 46,931 41 46,972 o Assessed Value 12,400 Actual Value 12,390 Assessed Value 46.972 41 Acres 319 000 10 5 000 324.000 Land Son 648 Total Acres 12.400 13,895,640 217.800 14,113,440 • DROVE ONTO 3ENNETTS EASEMENT HEADED SOUTH OFF COU\TY GOAD 100 • ;ED OVAL = EASEMENT ENTRANCE TO BENNEJ TS DROPFRTY LAND NEAP WCR 100 IS IN MUCH BETTER SHAPE THAN ALO\G EASEMENT r Y •••••••• 4J•4•••••••• Looking youth _� • YYrw -.•r -••Rk ••..` Mtor r`•r •-.Ia. � i � w _ Lida •- i - , S a Y... a • +•,r. 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Reoorr men ations to Lan• owner -Cover all bare soil on property with manure — this will help hold soil in place and reduce the risk of blowing dust concerns - Suggested application rate of manure is at least 45 tons per acre - Establishing a living root is going to be cntical to hold soil in place, manure applications are a short-term solution to hold soil in place, grasses (native & introduced) are great at holding soil in place and reducing erosion - Keep cover on this property year around, examples include and not limited to grass, cover crops or y commodity crop(s) - Strips could be made smaller to further reduce erosion on farmed property(instead of 300 ft wide try=150 ft wide) 8 thank you LI/ SCHNEIDER 970-230-7022 liz.schneider@wgcdorg www.wged.org James C. Bennett Fwd: Weld Co Commissioner statement -James C. Bennett Mar 23, 2025 at 7:47:20 PM James Bennett Weld County ��r�� issi ners f Col rado Ad Wh��m it May Concern 1 apprecime opportunity to speak with yotA today recording a matter that has had a significant negative impact on our properties and agricultural operations, located at: 46040 CR 100, Briggsdale CO80611 For over a decade, the neighborina, adjoining property, approximately 640 acres, has been managed using iAlhat is statutorily acknowledged as substandard lard stewardship practices, and poor husbandry. The field mentioned, section �-, l; eMITIta. minimalminimal r no groundcover, h resulting in extreme soil erosion• C.)ver time, this has ied to the complete ions of topsoil on that parcel, creatirg what is likely the largest "blowout" in Weld leaving the property unable to produce a viable crop, and resting an average of 107-401 lower than some adjoining properties, just e.i�y " the fence line. We have addressed this issue with the farmer! land I M'� a '[ mem/ e ► throughout w•;_.₹,,anager. on me } o�cas� ns theyears, with no action or i � g solution, M Y brings here today, Unfortunately, this damage has not remained confined to that single property. The degradation has spilled over once several adjacent properties, with serious consequences. Specifically: )yfj.�. ��y�/�gOA� ' � Y/is fyy M re' /��yy{y . [x�. � �j(�(. � I• acres t�♦+�.� ..�:� I"'a. O 4yi _ f h •a■/p {♦��-! �A+- •y){ �j{{�/►'ja� yi(/.. have been *3 �"''..V`Vv"O i�� Qii Y �...� `rel�4 4V'� ati..9r emu/s o�r.�.'��►e �� 1�'l�Y! pastu• Vl4� J• ■1 severely patted drifting blow -sand, making it i+n'1. �:�� e to su to;�x , coverr• 1w necesca nit for !ivestock grazing and land preservation, or any new see germination to regain a crop, Also, our attempts to plant approximately 500 trees have failed due to this issue. Please 4 ante that this area of High Plains x-- Desert, + resting between the two confine thP Pawnee Nationa! Citrassiands3Ns;�,•.p'.•.iN1 M• �\r.wa,i t.J..M,r'+ri/ 'R .I—r,}••� �� ri n rrs {��.rt svotast E i �nz lowa, in r aim enii M F.L‘c e i b le . n � S .; j +ham, .\ to degradation vki-3.‘-inui4. pra2m-N-- . ,t-2 r I.., arid barely -ma ri ks.ri grin! cal rTht if at 211„tconventional for farrningto 1:.)egin with, no; S eS3 odor land management *Our lives-tock operation has suffered due to the loss of feed and usable ground. *Over one-half mile of f=ield fencing has been destroyed by accumulated sand and soil movement, and 1000's of cubic yards of blow -sand ricalv cover our roads and properties, on what once was managed grazinu land. *We have been Linable to fully portons of our acreage due to continued erosion and lack. of ground stabilization on the neighborina property,and the blowing free silica sand has cre.ate,c1 health concerns to our family members, guests, an Ci t h {..a r Peres:3011P! P'+.r/'r y tea-' d t 1 p tan p 0 \tip p 7,4 as well as deterioration of *A verlargeEPP , ! rI'.onc rn wit Weld Count�t`s cie & ;il s ctor a1s a.r oom, r e Ifi,9. a live natural gas pipeline running North/South, appr�.-rxim tely „a,/ Nest of the Section tine, the distance of the neighboring section, that no longer has the minimum bury depth required by the State of Colorado to remain saf,...• from deterioration, and suitable for compliance. We have alwaysit a priority to use responsible and sustainable land management practices (i at of OW- own properties. It is deeply c onr.. \fag •11,rig see that the actions —or or inactions --on nearby land are causing long-term harm not only to our livelihood, business, and property values, but the.: surrounding envir nment and f� stainability of this land region. VAle are r ully Cr'. f..J\of of 4 asking for the Co; inty` s immediate assistance in mandating solution that promote responsible land use and prevent further cia rnaae .t our properties, neighboring orin ro erties and reduces. liability for other stakeholders such as Colorado oil and gas infrastructure. Thank you for your time, and attention to this matter. Hello