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Home My WebLink About20223072.tiffFINDINGS AND ORDER OF THE BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO 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 Jerrold Brethauer, in accordance with C.R.S. §35-72-103(1), that dust is blowing from the following described parcel of land: Lot A of Recorded Exemption, RE -1303; being part of the N1/2 NW1/4 of Section 33, Township 5 North, Range 64 West of the 6th P.M., Weld County, Colorado WHEREAS, said parcel is owned by Jerold and Alice Hoffman, 12293 Antelope Trail, Parker, Colorado 80138, and WHEREAS, the Board has caused an inspection of the above -described parcel of land by Liz Schneider, Conservation 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 25th day of July, 2022, and WHEREAS, Jerold and Alice Hoffman were notified of said hearing by FedEx Priority Overnight mail on July 21, 2022, and WHEREAS, the following persons were present at said hearing: Liz Schneider, Jerold Hoffman, and Jerrold Brethauer, and WHEREAS, pursuant to C.R.S. §35-72-103(1), the Board did make the following Findings of Fact: 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. Ms. Schneider's presentation showed there is a large quantity of soil built up along the fence line and on Mr. Brethauer's field road from soil blowing off the described parcel. 2. That an emergency exists. Due to Mr. Hoffman's attitude and refusal on the record to voluntarily work with Ms. Schneider, the Board lacks confidence he will take the necessary measures to fix the problem, and therefore finds there is a high likelihood that soil will blow again in the near future. 3. That the operation appears to have been in existence for more than one year, the operation is negligent, and the operation has changed so that it is now a nuisance. The Board heard testimony from Mr. Hoffman that he used to grow crops on the cc:cf+C66/nc), WGcp, APP(.. 01/.3/23 2022-3072 EX0011 FINDINGS AND ORDER REGARDING DUST BLOWING CITATION PURSUANT TO C.R.S. §35-72-103 - JEROLD AND ALICE HOFFMAN PAGE 2 land, but due to personal circumstances he has not grown anything this year, and he has not found another person to discharge his duty to prevent soil blowing from his land. 4. That such blowing can be prevented or materially lessened by treatment of the soil. Ms. Schneider provided an extensive and authoritative list of steps to prevent soil blowing. Only some of these are within the power of the Board; however, the Board finds that there are some soil treatments recommended by Ms. Schneider that will materially lessen the soil blowing. 5. That property damage appears to be resulting from soil blowing. The record shows that there has been damage to the fence, field road, and crops of Mr. Brethauer's adjacent property. WHEREAS, it was ordered by the Board of County Commissioners of Weld County, Colorado, pursuant to C.R.S. §35-72-103(1), that the property owner, Jerold Hoffman, shall take the following actions to prevent or materially lessen the soil blowing: apply manure and mow the weeds and grass on the property to a height of 4-6 inches. The actions shall be commenced as soon as practicable, and they shall be completed by October 24, 2022. A report to the Board shall be made at the regularly scheduled meeting on November 7, 2022, to assess compliance with this order, and WHEREAS, at a hearing held on the 7th day of November, 2022, the Board was informed by Ms. Schneider that Mr. Hoffman did take the ordered actions on part of the property by October 24, 2022. NOW, THEREFORE, BE IT RESOLVED by the Board that the above -mentioned dust blowing citation, pursuant to C.R.S. §35-72-103, be, and hereby is, dismissed. 2022-3072 EX0011 FINDINGS AND ORDER REGARDING DUST BLOWING CITATION PURSUANT TO C.R.S. §35-72-103 — JEROLD AND ALICE HOFFMAN PAGE 3 The above Resolution was, on motion duly made and seconded, adopted by the following vote on the 7th day of November, A.D., 2022. BOARD OF COUNTY COMMISSIONERS WELD OUNTY, COLORADO ATTEST: dim.) r..aCI.�D•t� Weld County Clerk to the Board BY: APP County Attorney Date of signature: 106.77_2. Scot K. James, Chair Milo -Freeman, -Pro-T (AYE) (AYE) (AYE) / (NAY) Lori Sai e 2022-3072 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 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 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. 5. That property damage appears to be resulting from soil blowing. The Board must then specify what treatment will prevent or materially 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. 2022-3072 WEST GREELEY CONSERVIVI 1%1 DISTR CT Liz Schneider Conservation and Small Acreage Technician Property of Concern SE Corner of WCR 52 & WCR 53 Parcel: 096333000018 Owner: Jerold J & Alice L Hoffman 1E Parcels (2) * Owner: HOFFMAN JEROLD J Account R0043991 Parcel: 096333000018 Address: Subdivision: Section: 33 Township: SN Range: 64W Ta: es cr-oper-ty Report Data Search Buffer Sales 0 Owner: HOFFMAN ALICE L Account: R0043991 Parcel: 096333000018 Address: Subdivision: Section: 33 Township:. N Range: 64W Taxes Property Report Data Search Buffer Sales 0 Displaying 1 -` (Total: 2') 41 4 =age 1 0= 1 J WCR 52 Jerold J & Alice L Hoffman Landowner since 1990 Weld County Assessor Property Report: • Flood Irrigated Land- 43.160 Acres • Meadow Hay Land- 25.50 Acres 68.660 Acres Total Tyr, Irrprowant rM Levi t Totals Cele 479 4117 41:1p, • .bon RANCH SUPPORT SLOGS FLOOD IRRK3ATED INC:N ULTURAL I'GREW, I U D air Z Actual Vague Assessed Value 1$ 6.76 4 69) 39075 10 C9) 6976 USN I1 000 43160 1'_:O 15500 1020 $1114.13/411 Land Set 1,880,x► 1 110 /BO 2.9.0•830 Sparse Vegetation Across Property with Areas of Bare Soil Spring 2022, Actively BLowing Soil 4 -!!i• A P tg u Drifted Soil, Poor Vegetation Establishment 1,m .9� - t L, 4. r Monday July 25t", 2022 - Hearing #1 • Weld County Commissioners asked landowner Jerold Hoffman to complete the following by October 24t", 2022 Mow weeds on property Once weeds are mowed apply manure (of landowner's choice) to property. Cover areas of bare soil to prevent further blowing dust concerns 1•I I” 11lip Site monitoring photographs. Aug 4th, 2022 North property line - CR 52 Northeast side, Weed growth Small manure application made Site monitoring photographs. Aug 4th, 2022 North property line - CR 52 Livestock Facility Site monitoring photographs. Aug 4th, 2022 West property line - CR 53 Northwest - Prairie dog movement Southwest- Weed growth Site monitoring photographs. Aug 4th, 2022 Southwest property corner • Continued weed growth, dirt ditch pulled across West side and South Site monitoring photographs. Aug 4th, 2022 South side of property Notice weed growth Site monitoring photographs. Aug 4th, 2022 South side of property Dirt ditch moving water from west to east High erodibitity of soil -SIN waist, Yaw Jr 1 .7 �a n V ,_ 3.4 I'6 . t. i .• e . '47F •i �.�► py *>.TNP �e. C, -�.I � , lr�7�L Y1`�rr 'es; r • p ?net?' . tT Site monitoring photographs. Aug 4th, 2022 Water erosion created gullies Dirt ditch moves water from south to north on the east half of .ro.erty Site monitoring photographs - September 16th, 2022 South property line - East half Cattle can step over fence Orange flag tape marks hotwire Site monitoring photographs. Oct. 6th 2022 Northeast side of property Bare soil, lacking manure jrtsateja -- , tr-}fir Ili 14 it 10 Site monitoring photographs. Oct. 6th, 2022 North middle- more manure required -37.11,77=7,1741: sir 1 Is North near livestock facility more manure required for bare areas Site monitoring photographs. Oct. 6th 2022 Livestock facility Site monitoring photographs. Oct. 6th, 2022 West property line West side of property- Prairie dog colony expansion Majority of weeds mowed back o i —a-cam a _ _ _a.l �. mot_ ; _ •:i -+l'h7 T-�.� . : akj•;7 '�. . : ? f► Y - rte' • i. 'e._ 't, r s _ Y 1 t!'.�.'. -t^•te a 641 .� '']�' s.? 10.1 4S-�14 47*;_7111: Care7er '` 4 -It-'Y . M- . • i • K `<• 12 • r • jai•:r tilipto — .� 4$ -* &ea _. . �,-- —_ • 4.4016 �, _ •a.. -yam:. • �_ „ _ �l!�,MI ' r.� . . . _ "I art{ i .t Weeds mowed back & landowner performed some light tillage (Discing) I _ •- « f .�4 Rs. s rte. -.4•!-• � c ret, n ie ".r-. 'Ci.1IV'f1'tl-ti'X�-�� `'r�bt�v .-`r �� _ t .+ 4 try Ct: H •%46.4.„.:-rissaitgair r 1-7-‘11..10.74:.:1:::;:ir., �+1 r . 7W- i7,".: -r.wfirillilitalit%1C.c7:4-46an;:iinla:1;117.44: Al ?p Leda Site monitoring photographs. Oct. 14th, 2022 West property line Discing caused implement to plug with weeds and create large piles within field (problematic w/ flood irrigation) More prairie dog activity -'t. _� -L + !►fi `aa #d'. p .r _-a..........----r=,',`.•ca._erft.: - --a.^ t '�":`a ,t. ►la..lanb .a..t amoil 'a► . JIB - 1. _ _ 4 ` _ _ -^— _ ,� s • `.��"T S - ti -._ _ _ - .� P -4 Site monitoring photographs. Oct. 14th, 2022 South property line Field covered in annual weeds. Mainly Goathead's and Sandbur's Site monitoring photographs- October 20th, 2022 South property line Drifted soil leveled from fence line Showing section of leveled soil Ifim -.•Y r* `.� .ti - ..• r - sa r s ' ` - ter_` • :C : _ _- I. • ..K �, _a r. _ _ tea_ f a _ ti Y _5. _n. ti a 4%. Facing Northwest Site monitoring photographs- October 20th, 2022 South property line Looking back towards west on south property line I Site monitoring photos - October 24th, 2022 North property line No changes in manure application since August 4th, 2022, photographs. More manure required Prairie dog activity is increasing Bare soil near livestock facility needs manure (Facing south) 1 l ti ' r:l•MB1 .41e. -;4745totti 4,11F lrilradelall ..s . z _ta Wit?.. , -� _ a -wit'sE_ - - r - - pt�7t -7El " Site monitoring photos - October 24th, 2022 Prairie dog activity, needs attention before population increases more and degrades established grasses (Facing east) Site monitoring photos - October 24th, 2022 South property line Hoof prints showing cattle had Up close shot of hoof prints been on Brethauer's property 1 1 f i Site monitoring photos - October 24th, 2022 South property line Sparse manure application made, areas with significant amounts of bare soil GIIMMOIMINIMS Showing sparse manure application facing North from south property line - i Ita atika Site monitoring photos - October 24th, 2022 South property line As of October 24th, 2022, landowner had applied insufficient amounts of manure to property to control further wind erosion concern. Recommendations to Landowner • Cover all bare soil on property with manure - this will help hold soil in place and reduce the risk of blowing dust concerns • Take action against growing prairie dog colony, many methods to consider. Research what would work in your operation! • Prepare now- Start planning to plant in Spring 2023. Establishing a living root is going to be critical 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. Liz Schneider Conservation and Small Acreage Technician West Greeley Conservation District Contact me: Liz.schneider©wgcd.org 970-534-2319 WEST GREELEY CO SERVAT DISTRICT Hello