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HomeMy WebLinkAbout20131622.tiffRESOLUTION RE: APPROVE ENTRY UPON VARIOUS LANDS BY WELD COUNTY VEGETATION MANAGEMENT SPECIALIST 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, on May 30th, and June 4th, 6th, and 10th, 2013, the Weld County Vegetation Management Specialist mailed notices to various landowners within Weld County advising them that lands owned or occupied by them contain Canada thistle (Cirsium arvense), musk thistle (Carduus nutans), Scotch thistle (Onopordum acanthium), Russian knapweed (Acroptilon repens), leafy spurge (Euphorbia esula), salt cedar (Tamarix sp.) and/or hoary cress (Cardaria draba) noxious weeds, and WHEREAS, said notices stated that said noxious weeds must be controlled or eradicated within ten days from the date of said notices and gave recommendations as to what methods are to be used for such control or eradication, and WHEREAS, a copy of said list, containing the legal descriptions of the lands and the names of those landowners who have failed to comply with said recommendations, is attached hereto and incorporated herein by reference, and WHEREAS, the County Vegetation Management Specialist has requested that the Board approve her entry upon lands, as set forth in the abovementioned list, to affect the control or eradication of noxious weeds, and WHEREAS, at its meeting of June 26, 2013, the Board did Find as follows: 1. That those landowners mentioned on the list are the owners of said land within a pest control district. 2. That Canada thistle (Cirsium arvense), musk thistle (Carduus nutans), Scotch thistle (Onopordum acanthium), Russian knapweed (Acroptilon repens), leafy spurge (Euphorbia esula), salt cedar (Tamarix sp.), and/or hoary cress (Cardaria draba) noxious weeds, are found upon said lands. 3. That said landowners received appropriate notice and such notice specified the best available means for control or eradication of said noxious weeds. 4. That said landowners have not complied with the requirements as stated by the County Vegetation Management Specialist. WHEREAS, pursuant to said Findings, the Board deems it advisable to approve the entry by the Weld County Vegetation Management Specialist upon said lands described in the list attached hereto, to affect the control or eradication of the abovementioned noxious weeds. cc; nO J-/5 /3 2013-1622 EG0025 ENTRY UPON LANDS PAGE 2 NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld County, Colorado, that the Board does hereby approve the entry upon various lands as set forth in the list attached hereto by the Weld County Vegetation Management Specialist to affect the control or eradication of Canada thistle (Cirsium arvense), musk thistle (Carduus nutans), Scotch thistle (Onopordum acanthium), Russian knapweed (Acroptilon repens), leafy spurge (Euphorbia esula), salt cedar (Tamarix sp.), and/or hoary cress (Cardaria draba), noxious weeds. The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 26th day of June A.D., 2013. BOARD OF COUNTY COMMISSIONERS WELD C�t1NTY, COLORADO ATTEST: Weld County Clerk to th BY: Deputy Clerk to th APPR my Attorney Date of signature: `7//O ia, Chair Sean P. Conway Mike Freeman Barbara Kirkmeyer 2013-1622 EG0025 PUBLIC WORKS DEPARTMENT 1111 H STREET P.O. BOX 758 GREELEY, COLORADO 80632 WEBSITE: WWW.CO.WELD.CO.US PHONE (970) 356-4000, EXT. 3750 FAX: (970) 304-6497 June 26, 2013 Dear Weld County Commissioners: Under the Colorado Weed Management Act, CRS, 35-5.5-109 and Weld County Code, Chapter 15, Section 15-2-20, I must seek approval for right of entry from the Board ofCounty Commissioners to enter on private land to carry out weed control measures. Below is a list of landowners, and the legal description of their land, that we may have to enforce on. I am seeking your approval to enter upon these lands. Name Herman Farms Don Wiedeman Larry Simpson M & T Farms Legal Parcel T3NR66W SEC 31 & 32 T5NR67W SEC 21 T6NR67W SEC 15 T6NR65W SEC 10 121131000055 & 121132000015 095721000005 080715000024 080310400018 The weed notices were mailed on May 30 and June 4, 6, and 10, 2013 requesting control of the following weed species: Canada thistle (Cirsium arvense), musk thistle (Carduus nutans), Scotch thistle (Onopordum acanthium), Russian knapweed (Acroptilon repens), leafy spurge (Euphorbia esula), salt cedar (Tamarix sp.) or hoary cress (Cardaria draba). Enclosed is a copy of a notice sent under the Colorado Weed Management Act. Thank you for your assistance. Sincerely, Tina Booton Weed Division Supervisor Weld County Public Works Department Enclosures 2013-1622 RECEIVED JUN 2 d{ 2013 WELD COUNTY COMMISSIONERS MEMORANDUM TO: Clerk to the Board DATE: June 24, 2013 FROM: Tina Booton, Public Work i SUBJECT: Agenda Item Attached is the request for Right of Entry onto properties with County designated noxious weeds. These landowners have received 10 day legal notices and have failed to comply with the request. Please add this item to the agenda for Wednesday, June 26, 2013. June 10t 2012 SOOd g e6e;sod mos. 3ddq !MAI LI4?B 6685 m� m ow 3n a Larry & Ruby Simpson P 0 Box 268 Loveland,Co 80539 RE: Notice of the Need for the Control or Eradication of Noxious Weeds Dear Landowner: Under provision of the Colorado Weed Management Act (35-5.5-109 CRS), and Weld County Code, Chapter 15, Article II this letter is to serve as notice that the presence of noxious weeds has been observed on properties which are owned, leased, and/or occupied by you and located in: Section 15, Township 6 North, Range 67 West of the 6th P.M., Weld County, Colorado. The property is designated in the Weld County Assessor's Office as parcel number 080715000024. The noxious weeds present on the property include: Canada thistle (Cirsium arvense) Musk thistle (Carduus nutans Leafy spurge (Euphorbia esula) and Salt cedar Tamarix s .). The optimum time for control is when the identified noxious weeds are in the rosette stage. The best method of control or eradication is to use herbicides that are labeled for the specific weed and site, or by mechanical means, such as mowing two to three times during the summer. The plants must be kept from going to seed. Section 35-5.5-109, C.R.S. and Weld County Code, Chapter 15, requires you to control the weeds by using at least one of these methods by June 20, 2013 or submit an acceptable weed management plan with an acceptable completion date or request an arbitration panel by June 20, 2013. If you do not comply by June 20, 2013, I will request a Right of Entry from the Board of County Commissioners of Weld County to enter the property to control the designated noxious weeds at your expense, as provided in Section 35-5.5-109 (5a) C.R.S. and Weld County Code, Chapter 15. I will be glad to answer any questions you may have regarding the control or eradication of the noxious weeds on the property. I am also available to assist you in developing short and long term weed management plans. The office phone number is 970-304-6496, ext. 3770 or 3769. Please ask for Tina Booton or me. Sincerely, Hello