HomeMy WebLinkAbout20121830.tiff FINDINGS 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, in accordance with Section 35-72-101(1), C.R.S., that dust is blowing from the
following described parcel of land: Lot B of Recorded Exemption, RE-3256; being part of the
SW1/4 of Section 35, Township 4 North, Range 66 West of the 6th P.M., Weld County,
Colorado, and
WHEREAS, said parcel is owned by Oliver Lorenz and Elizabeth Elma, 15614 County
Road 42, La Salle, Colorado 80645, and
WHEREAS, there has been 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 16th day of July, 2012, and
WHEREAS, the property owners were notified of said hearing by first class mail on
June 19, 2012, and
WHEREAS, at said hearing, the property owner was not present or represented, and
WHEREAS, pursuant to Section 35-72-101(1), C.R.S., the Board did make the following
Findings of Fact:
1. That an emergency does not exist.
IT IS HEREBY ORDERED by the Board of County Commissioners of Weld County,
Colorado, pursuant to Section 35-72-103(1), C.R.S., that the hearing be, and hereby is,
dismissed.
QJP 2012-1830
t ' 1 o EX0011
DUST BLOWING - OLIVER LORENZ AND ELIZABETH ELMA
PAGE 2
The above and foregoing Findings and Order was, on motion duly made and seconded,
adopted by the following vote on the 16th day of July, A.D., 2012.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
ATTEST: -
Sean P. Cohw y, Chair
Weld County Clerk to the Board /'�,�'/
l . 1.4 Wilfam F. Garcia, Pro-Tern
BY: .JW .ice In�fw ana: /
Deputy CI-'k to th' Bo 6, �' o�� ti����r/LULL i/}in/ A --
r ra Kirkmeyer
AP MtrY (
ED AS �® —
Q David E. Long
aunty Attorney t 1
DouglayRmach V �
Date of signature: ?'I 5 �
2012-1830
EX0011
•
je;tN,s, WELD COUNTY ATTORNEY'S OFFICE
re;ce 915 TENTH STREET
P.O. BOX 758
GREELEY, CO 80632
I g Cie
WEBSITE: www.co.weld.co.us
O PHONE: (970) 336-7235
FAX: (970) 352-0242
COLORADO
June 19, 2012
Oliver Lorenz & Elizabeth Elma
15614 Weld County Road 42
La Salle, CO 80645
Dear Mr. Lorenz and Ms. Elma,
The Weld County Board of Commissioners has been informed by several neighboring property
owners that soil is blowing from two parcels associated with you and located near the junction of Weld
County Roads 33 and 38. The complaints indicate that the blowing soil has been going on for some
time. The first is parcel#105735300005, which our records indicate is owned by you. The second parcel
#105735400002, is owned by DCP Midstream but a portion of the property from which soil is blowing is
being leased by you to farm. Pursuant to Colorado Revised Statutes§35-72-102 (see attached), it is the
duty of the owner or occupier of land in the State of Colorado to prevent soil blowing from such land.
On April 2, 2011, I sent you a letter informing you of the blowing soil complaint and the need to
address it. On April 27, 2011,the West Greeley Soil Conservation District (the "Conservation District")
visited both parcels of land and located areas of concern regarding soil erosion. At that time, the
Conservation District also met personally with you and DCP Midstream officials to discuss the soil
erosion and blowing dust problems and to make recommendations to resolve them. The
recommendations were also sent to you as part of the narrative report prepared by the Conservation
District and dated June 1, 2012. Unfortunately, Conservation District follow up visits on May 24 and
May 30, 2012, indicated that none of the recommendations had been implemented. In fact, contrary to
the Conservation District's recommendations, further tilling or disking of the property has occurred
which has put the soil at further risk of being blown away.
Because you have not taken steps to remedy the situation after being given the Conservation
District's expert recommendations and the opportunity to implement such recommendations, the Weld
County Board of Commissioners will address this issue at a public hearing on July 16, 2012, at 9 a.m. in
the Centennial Hearing room located in the Weld County Administrative building at 1150 O Street,
Greeley, CO. The public hearing will be held pursuant to Colorado Revised Statutes§35-72-101, et. seq.
(see attached). If the Commissioners, as a result of the hearing, issue you a citation to address the
blowing soil issue, you must follow the treatment recommendations or the Commissioners may cause
such treatment to be performed and assess the costs against you.
020/07— ) 83O
•
This letter serves as notice to you of the scheduled hearing and informs you of the opportunity
to appear at the stated time to address this issue. Feel free to contact me with any questions that you
may have at(970) 356-4000, ext. 4396.
Sincerely, 4 )
Brad Yatabk/
Assistant Weld County Attorney
Enclosure
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