Weld County issues emergency order after dust from neighboring field buries access road, damages trees

The Weld County Board of County Commissioners on April 7 found that soil was blowing from a field owned or operated by Hyatt McKittrick in quantities injurious to neighboring private property and declared an emergency under Colorado Revised Statutes §35-72-103.

The declaration requires application of stabilizing material along the easement and in a larger strip south of a fence post on the subject parcel, and directs the West Greeley Conservation District to inspect completion. Commissioners set a date certain of April 21 for the work to be completed and will reconvene to verify compliance.

The finding followed testimony from Liz Schneider, conservation and small acreage technician at the West Greeley Conservation District, who said she visited the site on March 17 after a complaint and observed “a lot of bone soil piled up” along the easement and active blowing on a “very mild day.” Schneider recommended applying manure to hold the surface, recommending “45 tons per acre” as a stabilizing rate and urging a living root cover to prevent further erosion.

Neighbor Charles Bennett described repeated damage to his property, saying the drifting sand has killed trees planted near his house and daily dust makes it difficult to leave the residence. “It's absolutely can't even go out of the house,” Bennett said, describing interior dirt accumulation and health concerns related to his wife’s asthma.

Operator Richard (spelled in the record as Bridal) Cass said he has attempted conservation measures, narrowed cropping strips and is operating under drought conditions. He told the board he has standing crops and crop-insurance constraints that limit his ability to disturb fields immediately. “I can go out there and put [manure] if somebody thinks that will help,” Cass said.

Commissioners discussed the five statutory findings required under CRS §35-72-103: (1) soil is blowing in damaging quantities; (2) an emergency exists; (3) the operation has been ongoing and demonstrates negligent or changed practices; (4) treatment can materially reduce blowing; and (5) property damage is occurring. Commissioner Bob James offered the findings on the record and asked the conservation district to draft a specific remedial order for the board to adopt.

The order the board adopted directs application of a 300-foot-wide strip of manure along the length of the easement (the north-south route used by the Bennetts) and a 600-foot-wide manure application south of a specified steel fence post (the area identified by the conservation district as the principal blowout area). The board set April 21 as the date certain for completion and instructed staff and the West Greeley Conservation District to inspect and report back.

Commissioners expressed concern about longer-term remedies and the limits of the emergency statute. County counsel and staff said the Soil Blowing Act provides emergency authority to address immediate threats and noted that more comprehensive, multi-year remediation would require additional planning and resources. Several commissioners urged a parallel long-term plan including perennial cover and possible structural measures if the emergency recurs.

Adjacent owner James Bennett told the board the problem has been ongoing for a decade and that the blowing soil has buried fence lines and rendered roughly 40 acres unusable. He also told commissioners the wind-driven erosion has exposed a gas pipeline corridor that may now lack adequate cover, a safety and regulatory concern he said should be evaluated by the responsible parties.

The board’s emergency order is limited to measures aimed at materially reducing immediate soil movement. If the owner/operator does not carry out the required work by the April 21 deadline, the statute allows the county to perform necessary work and assess a lien; the board did not order such county-conducted work at today’s meeting.

The discussion closed with commissioners acknowledging the difficulty of balancing drought-era farming constraints, crop-insurance restrictions, and neighbors’ health and property impacts. The West Greeley Conservation District will coordinate implementation details and inspect the required work after it is completed.

Ending: The board adopted the emergency order by voice vote and recorded the directive and April 21 compliance date in the meeting minutes; the matter will return for verification and further action if necessary on that schedule.