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Home My WebLink About20121829.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 Corrected RE-3202; being part of the S1/2 of Section 35, Township 4 North, Range 66 West of the 6th P.M., Weld County, Colorado, and WHEREAS, said parcel is owned by DCP Midstream, LP, 3026 4th Avenue, Greeley, Colorado 80631, 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, Paul Park, Lou Hagenlock, and Robert Blu, DCP Midstream, LP, representatives, were notified of said hearing by first class mail on June 19, 2012, and WHEREAS, at said hearing, the property owner was represented by Patrick Groom, Attorney at Law, Witwer, Oldenbrug, Barry and Johnson, LLP, 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. at: C/'1 6CP 2012-1829 a� /a EX0011 DUST BLOWING - DCP MIDSTREAM, LP 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. Conway, a. .,..----) Weld County Clerk to the Board � 1 l W�.a4 E La illiam F. Garcia, Pr - BY: Deputy Cle to e Boar • 1/1, /, i--- iaei t G iciara Kirkmeyerr ApyrAS ® .,• • ( i "Ce David E. Long ounty Attorney l4 aGa DouglasfRademac er Date of signature: g'IS- I D- 2012-1829 EX0011 WITWER, OLDENBURG, BARRY&JOHNSON, LLP Attorneys at Law 822 7th Street,Suite 760 Greeley,CO 80631 STOW L.WTTW F.R.JR. TELEPHONE: (970)352-3161 R.SAM OLDENBURG JOHN J.BARRYFACSIMILE: (970)352-3165 JACQUELINE JOHNSON SENDER'S E-MAIL ADDRESS PAI RICK M.GROOM KENT A.NAUGHTON PGROOM@WOBJ LAW.COM July 13, 2012 VIA ELECTRONIC MAIL Brad Yatabe, Esq. Assistant Weld County Attorney P.O. Box 758 Greeley, CO 80632 Re: Blowing Dust Complaint DCP Midstream, LP Dear Mr. Yatabe: As you are aware, this office represents DCP Midstream, LP("DCP"). I am in receipt of your letter dated June 19, 2012, in which you indicate that unsatisfactory soil blowing conditions exist on DCP's property described as: Lot B of Corrected RE-3202, being a part of the S/2 of Section 35, Township 4 North, Range 66 West, Weld County, Colorado (the "Property") DCP takes the allegations set forth in your letter seriously, and is presently in the process of addressing the conditions on the Property. As you are aware, DCP purchased the Property from J. Oliver Lorenz and Elm Elizabeth Lorenz. Mr. and Mrs. Lorenz had previously farmed the Property, and they continue to own the property directly west of the DCP Property. Because DCP did not have plans to immediately develop the Property when they purchased it from Mr. and Mrs. Lorenz, DCP entered into a lease agreement with Mr. and Mrs. Lorenz to continue to farm the Property. When you notified DCP in April of 2012 that unacceptable soil conditions existed on the Property, representatives of DCP and Mr. Lorenz met with representatives of the West Greeley Conservation District("WGCD")to discuss the situation and consider available remedies. WGCD recommended that Sorghum Sudan be planted on the Property and that a heavy amount of manure and/or crimping straw be placed on the hare ground. Mr. Lorenz agreed to follow those recommendations, and it is DCP's understanding that he did in fact plant the Sorghum Sudan seed on the Property. However, he failed to place the manure and/or straw on the Property pursuant to o?ola— /W9 t WITWER, OLDENBURG, BARRY & JOHNSON, LLP WGCD's recommendation. Because of Mr. Lorenz' failure to follow the recommendations of WGCD, DCP elected on June 28, 2012 to terminate Mr. Lorenz' tenancy on the Property, effective July 31, 2012 (which was the earliest date under Colorado law in which DCP could terminate the lease). Once DCP takes possession of the Property on July 31,2012,DCP intends to implement the action plan recommended by WGCD. Within three weeks of such date, DCP will spread manure and/or crimping straw on the Property. DCP has contacted WGCD regarding long-term solutions which may be available in light of the fact that the Property will no longer be farmed. DCP anticipates that it will reseed the Property with native grasses,and will follow any recommendation made by WGCD concerning such reseeding. DCP regrets any inconvenience the soil conditions on the Property may have caused you and the neighboring property owners. DCP has its own interest in rectifying the situation due to the fact that blowing soil conditions can and will affect its equipment located at the natural gas processing plant adjacent to the Property. We look forward to continuing to work with you on this matter,and if you have any questions regarding this matter, please do not hesitate to contact me. Yours very truly, WITWER, OLDENBURG, BARRY 7,OH )N, L Patrick M. Groo PMG/js • WELD COUNTY ATTORNEY'S OFFICE 915 TENTH STREET P.O. BOX 758 GREELEY, CO 80632 in WEBSITE: www.co.weld.co.us C. PHONE: (970) 336-7235 FAX: (970) 352-0242 COLORADO June 19, 2012 Paul Park DCP Midstream 3026 4`h Avenue Greeley, CO 80631 Dear Mr. Park, The Weld County Board of Commissioners has been informed by several neighboring property owners that soil is blowing from the parcel of land where DCP Midstream's Mewbourn plant is located. The complaints indicate that the blowing soil has been going on for some time. 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. DCP Midstream, as the property, owner remains responsible even if the portion of the property from which soil is blowing has been leased to another person. In early April 2011, I spoke with DCP Midstream employees Lou Hagenlock and Ryan Nicholson informing them both 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 the DCP Midstream parcel and an adjacent parcel owned by Oliver Lorenz. The Conservation District located areas of soil erosion concern on both parcels. Mr. Lorenz leases part of the area of soil erosion concern on the DCP Midstream parcel to farm. At that time, the Conservation District also met personally with both you and Robert Blu of DCP Midstream, and Mr. Lorenz, to discuss the soil erosion and blowing dust problems and to make recommendations to resolve them. The recommendations were also sent to DCP Midstream 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 a portion of the land at issue has occurred which has put the soil at further risk of being blown away. Because DCP Midstream has 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 a citation to address the blowing soil issue, DCP Midstream must follow the treatment recommendations or the Commissioners may cause such treatment to be performed and assess the costs of such treatment against DCP Midstream. This letter serves as notice to DCP Midstream of the scheduled hearing and to inform you of the opportunity to appear on behalf of DCP Midstream at the stated time to address this issue. Feel free to contact me with any questions that you have at (970) 356-4000, ext.4396. Siincceerely), Gltf I Brad Yatabe Assistant We Attorney Enclosure ! f - ! , ; ! to OD \Tril 2 0 H \ \ { \ k ! 4 % • . } ( \ ° / { I { ) ! ~ ! ! ) 2 2{ : # k � k ! ! ! \ / \ ) /_ .t3 ro �j } , l 0 X <: w xi sz cc * (1) 8 % ! -• 0200E \ /�)k ! )#f] [ : . I \ / /); ) ;/ & m ( { moo E.- j± / t S \ E \ )/ /\!/ )3 \ Li \ n } ® ) \- : (Z/0\ / /\ \ N / / ! : , . r CO d \ / � 2 / { \ w ) y \ \ b ...z. > ; d - , , o Z in O( | ~ Hi \ E O § / } 2 ; / \ / ) / 2 IS 2 cll c : / emxu . < O w ; = 022 ! ■a 4 \ ( 2 \ S { k ® \ _ a \ j / * �- CU ° � � rti / j/ \ \ U UJ \ \ / & r °° p \ § Q # � ` I« 2 ; _ § / / co co„ u q9 B2s SB\ na! 2S WELD COUNTY ATTORNEY'S OFFICE 915 TENTH STREET (7/i‘tP.O. BOX 758 GREELEY, CO 80632 s C WEBSITE: (97 ) 336 7 5 o PHONE: (970) 336-7235 FAX: (970) 352-0242 COLORADO June 19, 2012 Lou Hagenlock DCP Midstream 3026 4th Avenue Greeley, CO 80631 Dear Mr. Hagenlock, The Weld County Board of Commissioners has been informed by several neighboring property owners that soil is blowing from the parcel of land where DCP Midstream's Mewbourn plant is located. The complaints indicate that the blowing soil has been going on for some time. 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. DCP Midstream, as the property owner, remains responsible even if the portion of the property from which soil is blowing has been leased to another person. In early April 2011, I spoke with you and Ryan Nicholson, also of DCP Midstream, informing you both 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 the DCP Midstream parcel and an adjacent parcel owned by Oliver Lorenz. The Conservation District located areas of soil erosion concern on both parcels. Mr. Lorenz leases part of the area of soil erosion concern on the DCP Midstream parcel to farm. At that time, the Conservation District also met personally with DCP Midstream representatives Paul Park and Robert Blu, and Mr. Lorenz,to discuss the soil erosion and blowing dust problems and to make recommendations to resolve them. The recommendations were also sent to DCP Midstream 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 portions of the land at issue has occurred which has put the soil at further risk of being blown away. Because DCP Midstream has 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 5 35-72-101, et. seq. (see attached). If the Commissioners, as a result of the hearing, issue a citation to address the blowing soil issue, DCP Midstream must follow the treatment recommendations or the Commissioners may cause such treatment to be performed and assess the costs of such treatment against DCP Midstream. This letter serves as notice to DCP Midstream of the scheduled hearing and to inform you of the opportunity to appear on behalf of DCP Midstream 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, TD1t Brad Yata Assistant We County Attorney Enclosure - ! ; \ f }j \ /k ) o § ) : ! f •• . . k \ ig! - � f ; ! 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BOX 758 GREELEY, CO 80632 ' WEBSITE: www.co.weld.co.us DC_ PHONE: (970) 336-7235 FAX: (970) 352-0242 COLORADO June 18, 2012 Robert Blu DCP Midstream 3026 4`"Avenue Greeley, CO 80631 Dear Mr. Blu, The Weld County Board of Commissioners has been informed by several neighboring property owners that soil is blowing from the parcel of land where DCP Midstream's Mewbourn plant is located. The complaints indicate that the blowing soil has been going on for some time. 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. DCP Midstream, as the property owner, remains responsible even if the portion of the property from which soil is blowing has been leased to another person. In early April 2011, I spoke with DCP Midstream employees Lou Hagenlock and Ryan Nicholson informing them both 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 the DCP Midstream parcel and an adjacent parcel owned by Oliver Lorenz. The Conservation District located areas of soil erosion concern on both parcels. Mr. Lorenz leases part of the area of soil erosion concern on the DCP Midstream parcel to farm. At that time, the Conservation District also met personally with you and Paul Park of DCP Midstream, and Mr. Lorenz, to discuss the soil erosion and blowing dust problems and to make recommendations to resolve them. The recommendations were also sent to DCP Midstream 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 a portion of the land at issue has occurred which has put the soil at further risk of being blown away. Because DCP Midstream has 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 a citation to address the blowing soil issue, DCP Midstream must follow the treatment recommendations or the Commissioners may cause such treatment to be performed and assess the costs of such treatment against DCP Midstream. A • This letter serves as notice to DCP Midstream of the scheduled hearing and to inform you of the opportunity to appear on behalf of DCP Midstream at the stated time to address this issue. Feel free to contact me with any questions that you have at (970) 356-4000, ext.4396. Sincerely, (� Brad Yaiabe Assistant Weld County Attorney Enclosure 1z N ,Z D C y N N L N Q Q G > Z m 9 en t ci - O 1/4D 2 CI CO S m m 8 i m m Z• / E n f m 2 •a r: P • ,I m 0 d= a E c Q ~ W U I c Z w1V a m .. e !E IJ�i,(J w a u U v i ai n $ 0 $'. i o� u E s+ @ - a Zm �' c � � �. � 3 N c7 Z ≥ ≥ m r J u - 0 N • ¢ w .. ❑ ¢ U Q O "w W • d �( my D vi o � E i CC 5 g -._... b 0 6O El, 7 ¢ N O p W � o. d . Em m Y -a-3 11J W ..., •w a LLj LLa LL µQ � Ci U) N of y - .. 2 0 d 0 d '5 1.! T� E O Z' r - —'- m F+ o• 4c) Em EW liiE o a 8m Pg n p4am an E • o E o o m • a • a6p fl, m k `00 'i Q N m x E .. of o m d SBhB h225 E000 X28 C S002. 111 N « w a E v O^ J J q r N W y r 0 p« QJ O • U m N E t l0 E nn 4_, 6 C.J N I- • 2 82002 W N .0 w 8 E r v._4- U mcc J 3r m a t� ro �Y N s .g aD M N _ O t C IL >1-8 C Q 0) .�- 1-1 Z M CO G \O v N v m mO E▪ Oryc 0 0 v O W N v E O F 0=a m¢ `o <d coo 0 mot a s. > p n ■ ■ ■ - cJ a d v Ili a) ‘.0 C v t ± U y v CC CJ o sue, LL CC c M CI O N 5- w co z r 0 E O N CO Q CO F- m W Z W 2 O U o ; XW o r JOCO W wInO � Ai', zl-- ra4u Westlaw• . Page 1 West's Colorado Revised Statutes Annotated Currentness Title 35. Agriculture Soil Conservation %I Soil Erosion Article 72. Soil Erosion--Dust Blowing--1954 Act(Refs& Annos) �g 35-72-101. Legislative declaration (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. -§35-72-101.5. Definitions As used in this article, unless the context otherwise requires: (I)"Board"means a board of county commissioners. (2)"District" 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 gov- ernment,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. fr.§35-72-102. Duty of landowner--liability for damage (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 minimize 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. ©2012 Thomson Reuters.No Claim to Orig. US Gov. Works. • Page 2 (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 jurisdiction. (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 in area. y&35-72-103.Action by county commissioners--emergency conditions (1)When the board of any county of the state is advised, in writing,or otherwise informed that soil is blowing from any land in the county and is supplied with a description of such land and it appears that,by reason of such blowing from any land in the county,private property, including but not limited to crops, grasslands, fences, fencerows, ir- rigation canals, ditches, or livestock on adjacent or other land, or roads, barrow ditches, fences,or other public property is being damaged,such board shall, as soon as practicable,give notice of such complaint to the owner or occupier of the land from which soil is blowing and inspect or cause to be inspected such land. If the board finds, after consultation with a member or members of the local district board of directors, with the state conservation board,or with local owners or occupiers, including the owner or occupier of the land from which soil is blowing, that soil is blowing from such land in sufficient quantity to be injurious to private property,including but not limited to 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, such board shall determine what, if anything, can be done to prevent or materially lessen such blowing of soil from such land. If the board determines, after such consultation,that the complaint lodged with it falls under the provisions of article 3.5 of this title,no further action shall be taken by the board. If the board finds,after such consultation,that an emergency exists,that such blowing is occurring,that it can be prevented or materially lessened by treatment of the soil,and that property damage appears to be resulting therefrom, such board shall issue a citation to the owner as listed upon the records of the county assessor and to the occupier,if known to such board,specifying the nature of the treatment required and the extent thereof and the date by which such 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 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 per- formed in accordance with such citation. ©2012 Thomson Reuters.No Claim to Orig. US Gov. Works. Page 3 (3)The provisions of this section shall not apply to any land less than one acre in area. �&35-72-104. Repealed by Laws 1981, 14.8.1099, §6 �&35-72-105. Method of assessment (I)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 the land so benefited and from which soil is blowing and assess against said land so benefited the cost of said treatment not in excess of fifteen dollars per acre or the actual cost of treatment, whichever is less,in any one calendar year.Said resolution shall be recorded in the minutes of the board,the original thereof shall be delivered by the clerk of said board to the county assessor, and a copy thereof shall be mailed 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. —o ti 35-72-105.5. Immunity 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 un- dertaken or assigned by it. ▪ 35-72-106.Judicial review Any landowner aggrieved at the amount of the assessment against his land may bring 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. ▪ §35-72-107. Cooperation with other agencies in erosion control The board of any county wherein land is being eroded or soil is blowing, as provided in this article, is hereby au- thorized 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. —*6 35-72-108. Repealed by Laws 1981, H.B.1099, @ 6 END OF DOCUMENT ©2012 Thomson Reuters.No Claim to Orig. US Gov. Works. Esther Gesick From: Brad Yatabe Sent: Wednesday, April 25, 2012 12:53 PM To: Esther Gesick Subject: RE: Blowing Dust Hearings I'm holding off right now trying to get some compliance. I'll let you know well ahead of time if they will be going at a future date. Thanks. Brad Yatabe Assistant Weld County Attorney 1150 O Street Mailing Address: P.O. Box 758, Greeley, CO 80632 tel: (970)356-4000 ext. 4396 fax: (970)352-0242 STATEMENT OF CONFIDENTIALITY& DISCLAIMER:The information contained in this email message is attorney privileged and confidential, intended only for the use of the individual or entity named above. If the reader of this message is not the intended recipient,you are hereby notified that any dissemination, distribution or copy of this email is strictly prohibited. If you have received this email in error, please notify us immediately by replying and delete the message. From: Esther Gesick Sent: Wednesday, April 25, 2012 12:05 PM To: Brad Yatabe Subject: RE: Blowing Dust Hearings What's the status on these? Are you still planning to proceed on Monday? If so, we will need your supporting documentation by the end of the day tomorrow. Thanks! Esther E. Gesick Deputy Clerk to the Board/Office Manager 1150 O Street)P.O. Box 758(Greeley, CO 80632 tel: (970)336-7215 X4226 Confidentiality Notice:This electronic transmission and any attached documents or other writings are intended only for the person or entity to which it is addressed and may contain information that is privileged,confidential or otherwise protected from disclosure.If you have received this communication in error,please immediately notify sender by return e-mail and destroy the communication.Any disclosure,copying,distribution or the taking of any action concerning the contents of this communication or any attachments by anyone other than the named recipient is strictly prohibited. From: Brad Yatabe Sent: Tuesday, April 17, 2012 10:59 AM To: Esther Gesick Subject: Blowing Dust Hearings 1 Esther, Welcome back! I have a blowing dust complaint that I want to schedule for a hearing since I don't seem to be making any headway with the property owners. There are two adjacent property owners that are the alleged offenders. The first parcel,#105735300005, is owned by Oliver Lorenz and Elizabeth Elma. The second parcel to the east, #105735400002, is owned by DCP Midstream LP. Can these be set in for hearings on Monday,April 30th? Although the properties are related in causing the issue, I'm supposing they would be listed as separate hearings even though I would consolidate the hearings in terms of the presentation of evidence. Let me know what additional information you will need, if any. Thanks. Brad Yatabe Assistant Weld County Attorney 1150 O Street Mailing Address: P.O. Box 758, Greeley, CO 80632 tel: (970)356-4000 ext. 4396 fax: (970)352-0242 M. a t STATEMENT OF CONFIDENTIALITY& DISCLAIMER: The information contained in this email message is attorney privileged and confidential, intended only for the use of the individual or entity named above. If the reader of this message is not the intended recipient,you are hereby notified that any dissemination, distribution or copy of this email is strictly prohibited. If you have received this email in error, please notify us immediately by replying and delete the message. 2 Hello