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Home My WebLink About20111405.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: NW1/4 and NE1/4 of Section 32, Township 5 North, Range 64 West of the 6th P.M., Weld County, Colorado, and WHEREAS, said parcel is owned by Jimmie and Charlotte Cross, 24891 County Road 53, Kersey, Colorado 80644, and WHEREAS, the Board has caused 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 1st day of June, 2011, and WHEREAS, Jimmie and Charlotte Cross were notified of said hearing by first class mail on May 19, 2011, and WHEREAS, the following persons were present at said hearing: Jimmie and Carl Cross, and WHEREAS, pursuant to Section 35-72-101(1), C.R.S., the Board did make the following Findings of Fact: 1. That soil is not 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 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 matter be, and hereby is, dismissed. . CW W G C D Cross P,voka:,,Lzs- .. q-/l 2011-1405 EX0011 DUST BLOWING - NW1/4, NE1/4, S32, T5N, R64W PAGE 2 The above and foregoing Findings and Order was, on motion duly made and seconded, adopted by the following vote on the 1st day of June, A.D., 2011. BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO ATTEST: f r L I EXCUSED Barbara Kirkmeyer, Chair Weld County Clerk to th:j:a O Sean P. Co y, Pro-Tem � J BY: Deputy Clerk to the Boar. Wily . Gard ED A M: t , 1 David E. Long unty Attorney EXCUSED Douglas Rademacher Date of signature: 62/73/" 2011-1405 EX0011 J 1 8 6 I - 2 0 I I WELD COUNTY ATTORNEY'S OFFICE P.O. BOX 758 GREELEY, CO 80632 WEBSITE: www.co.weld.co.us J . PHONE: (970) 336-7235 W E L DEC O U N T Y FAX: (970) 352-0242 CERTIFIED AND REGULAR U.S. MAIL May 19, 2011 Jimmie and Charlotte Cross 24891 Weld County Road 53 Kersey, CO 80644 RE: Dust Blowing Complaint for Property Located in the NW1/4 and NE1/4 Section 32, Township 5 North, Range 64 West of the 6th P.M., Weld County, Colorado, known by street and number as: 24891 WCR 53, Kersey, Colorado 80644 Mr. and Mrs. Cross: As you are aware from my letter of April 26, 2011,this office, on behalf of the Board of County Commissioners of Weld County, Colorado was informed that dust is blowing from your property-the above described parcel. Contact was made with the West Greeley Conservation District office. The District Manager, Joyce Wallace sent an employee of that office to your property, and he conducted an examination of your property, and spoke with you concerning the steps which must be taken to stop the dust from blowing. A copy of that report was sent to you and to this office and is enclosed in this letter. Later, on May 16, 2011, at the request of the Complainant, an employee of the Weld County Department of Health and Environment went to look at the Complainant's property and to look at your land from his property. The West Greeley Conservation District and the Weld County employee both made recommendations to correct the dustblowing problems. These are set forth in the attached documents. You must consider what steps to take to correct the problem immediately. If you have questions,you should address those to the West Greeley Conservation District at 970-356-8097 X 3. You will find enclosed copies of the relevant Colorado Statutes for your information with this letter. As you can see, under Colorado law, (C.R.S. § 35-72-102(b)), it is the duty of the owner or occupier of any land in the State of Colorado to prevent soil blowing from such land. Since soil has been blowing from your property, under the terms of C.R.S. § 35-72-103(1), the Board of County Commissioners may order treatment of the parcel to accomplish these recommendations if it is deemed appropriate. Any such treatment will be at your expense. 2011-1405 6 May 19. 2011 Page 2 The Board will hear the matter at its regularly scheduled meeting on June 1, 2011, at 9:00 a.m. The meeting will take place in the First Floor Meeting Room, Weld County Centennial Center Complex, 915 Tenth Street, Greeley, Colorado. You may be present at the meeting in order to give testimony relative to the dust blowing problem. If you have any questions concerning this matter, please contact this office at 356-4000, Extension 4394. Yours truly, Stepianie L. Arries ' Assistant Weld County Attorney Enclosures PC: L. Brownlee J. Wallace P. Brewer r CERTIFIED MAIL, RECEIPT (Domestic Mail Only;.No Insurance Coverage Provided) ]- F r. elfveryin •rmati•, visit•ur we•site-at www.us•s.C•me i) S Postage $ 7 Certified Fee Postmark Return ReceiptRequired) Fee Here (Endorsement ceipt Restricted Delivery Fee (Endorsement Required) a Total Postage&Fees $W n M Sent To Jimmie and Charlotte Cross or PO N Apt No.; 24891 WCR 53 City,State,ZIP+4 Kerse , CO 80644 PS Form 3800 June 2002 See Reverse for Instructions 1861 - 2011 WELD COUNTY ATTORNEYS OFFICE I P.O. BOX 758 a GREELEY, CO 80632 WEBSITE: www.co.weld.co.us PHONE: (970) 336-7235 W E L DEC O U N T Y FAX: (970) 352-0242 CERTIFIED AND REGULAR U.S. MAIL May 19, 2011 Jimmie and Charlotte Cross 24891 Weld County Road 53 Kersey, CO 80644 RE: Dust Blowing Complaint for Property Located in the NW 1/4 and NE1/4 Section 32, Township 5 North, Range 64 West of the 6th P.M., Weld County, Colorado, known by street and number as: 24891 WCR 53, Kersey, Colorado 80644 Mr. and Mrs. Cross: As you are aware from my letter of April 26, 2011, this office, on behalf of the Board of County Commissioners of Weld County, Colorado was informed that dust is blowing from your property - the above described parcel. Contact was made with the West Greeley Conservation District office. The District Manager, Joyce Wallace sent an employee of that office to your property, and he conducted an examination of your property, and spoke with you concerning the steps which must be taken to stop the dust from blowing. A copy of that report was sent to you and to this office and is enclosed in this letter. Later, on May 16, 2011, at the request of the Complainant, an employee of the Weld County Department of Health and Environment went to look at the Complainant's property and to look at your land from his property. The West Greeley Conservation District and the Weld County employee both made recommendations to correct the dustblowing problems. These are set forth in the attached documents. You must consider what steps to take to correct the problem immediately. If you have questions,you should address those to the West Greeley Conservation District at 970-356-8097 X 3. You will find enclosed copies of the relevant Colorado Statutes for your information with this letter. As you can see, under Colorado law, (C.R.S. § 35-72-102(b)), it is the duty of the owner or occupier of any land in the State of Colorado to prevent soil blowing from such land. Since soil has been blowing from your property, under the terms of C.R.S. § 35-72-103(1), the Board of County Commissioners may order treatment of the parcel to accomplish these recommendations if it is deemed appropriate. Any such treatment will be at your expense. r May 19. 2011 Page 2 The Board will hear the matter at its regularly scheduled meeting on June 1, 2011, at 9:00 a.m. The meeting will take place in the First Floor Meeting Room, Weld County Centennial Center Complex, 915 Tenth Street, Greeley, Colorado. You may be present at the meeting in order to give testimony relative to the dust blowing problem. If you have any questions concerning this matter, please contact this office at 356-4000, Extension 4394. Yours truly, 17, • p le L. Ames Assistant Weld County Attorney Enclosures PC: L. Brownlee J. Wallace P. Brewer DEPARTMENT OF PUBLIC HEALTH AND ENVIRONMENT � 1 8 6 1 - 2 0 1 1 1555 N. 17th AvenueµT„ Greeley, CO 80631 . PublicHealth Web: http://weldhealth.orq Health Records Services Public Health 8 Clinical Services Health Education & a, &Emergency Preparedness Response W E L DEC 0 U N T Y Vital Tele1970.304.6420 Tale:970.3046415 Planning Tele�970304.6470 Tee:970304.6420 Lani Fax'. 970.304.6412 Fax: 970.3046416 Fax'. 970.3046411 Fax: 970.304.6452 Fax: 970.304.6469 Our vision:Together with the communities we serve,we ere working to make Weld County the healthiest place lo live,learn,work end play. May 18, 2011 To: Stephanie Arries, Weld County Attorney Re.: Report of observations of overgrazed land located north of and adjacent to 24715 WCR 53, and owned by Lynn Brownlee. 1. The property that is a source of soil erosion and blown dust/dirt that Mr. Lynn Brownlee is experiencing is not protected from wind erosion by plant growth or cover. Mr. Brownlee is primarily downwind from the property. Winds are generally from the N-NW. 2. The portion that is largely eroded is partly seeded ("drilled") with wheat(per Mr. Brownlee). There was some germinating wheat on a small fraction of the partly bare parcel toward the south end where it is near the Brownlee property. Wheat seed may have been lost on a large percentage of the parcel due to wind erosion. The wheat that has germinated appears to have been afforded some water from a "domestic" source, not from ditch irrigation water, rain or snow melt. 3. There are 25-30 head of cattle presently on the parcel. They were primarily around a feeder at the north end of the eroded parcel. The cattle appear to have free access to the entire eroded parcel. 4. The erosion is evident from pictures that Mr. Brownlee has taken and printed. The pictures show evidence of blown and eroded soil/manure on Mr. Brownlee's property. The evidence of is not subtle but was obvious to me upon examination. 5. Cattle access to this entire eroded parcel will probably not allow the sparsely distributed, freshly germinated wheat to survive and establish a firm ground cover that will protect the land from further erosion as late spring and summer arrive with higher temperatures and limited rain. 6. This parcel may benefit from a total respite from cattle grazing to allow it to develop a plant cover for protection from additional wind erosion. 7. Bordering Mr. Brownlee's property on the west is a grazed parcel (not owned by Brownlee)that appears to be excellently managed for plant cover and resistance to soil erosion. This parcel is in sharp contrast to the parcel to the north that is the source of wind-blown dust/dirt and suffering from wind erosion. J. Phillip Brewer Environmental Specialist Ill WCDPHE-EHS 1 8 6 I - 2 0 I I WELD COUNTY ATTORNEYS OFFICE P.O. BOX 758 GREELEY, CO 80632 -� WEBSITE: www.co.weld.co.us i . PHONE: (970) 336-7235 WELD._.,-COUNTY FAX: (970) 352-0242 May 6, 2011 Lynn Brownlee 24715 WCR 53 Kersey, Colorado 80644 RE: Dust Blowing Concerns Dear Mr. Brownlee: This letter is written to follow-up on your call and the visit to your property and to the Cross property by the West Greeley Conservation District on May 3, 2011. On May 4, 2011, I received an email from the Manager of the West Greeley Conservation District, summarizing their findings. They also forwarded several pictures to this office which I have enclosed for your review. In addition, I called their office to enquire as to whether their opinion would change if they knew that the Cross property was not wholly dependent on rainfall — and that irrigation water was available. The employee who visited the properties and the Manager of the office of the West Greeley Conservation District believe that Mr. and Mrs. Cross have taken all the steps recommended by the office last year to prevent the dust from blowing. In their opinion, most of the soil that did blow had been collected in the sixty (60) foot right-of way separating your property from the Cross property, and that the impact of blowing soil on your property, although present, was minimal. However, West Greeley Conservation District personnel did advise Mr. Cross to place "big bales of cornstalks" along the south side of their property to further prevent any soil from blowing to your property. They also told him to continue to "monitor and practice the land conservation steps he is currently using". As the opinion of the West Greeley Conservation District appears to be that Mr. Cross is doing all he can do, it appears that there is nothing the Board of County Commissioners could do at a hearing. Page 2 May 5, 2011 As you know from the material I sent you last year, the Board's power is limited to telling a property owner to mitigate the blowing soil and the Board generally relies on recommendations of the West Greeley Conservation District. From their report, it is apparent that they believe that Mr. Cross is already doing what he has been instructed to do, and do not believe that he is acting negligently. I understand that you believe that there may be better practices which might be employed, but absent negligent operation of the farm, and/or the employment of methods or practices that are NOT commonly or reasonably associated with agricultural production, there is really not anything the Board can do. Colorado law specifically protects agricultural operations as long as they are not operating negligently. (See enclosed C.R.S. 35-3.5-102). The report of the West Greeley Conservation District would indicate that the presence of plant activity and the addition of the row of bales should take care of any problems. Certainly, if additional problems occur with soil blowing from the property, you may contact this office. If you have additional questions, please call me. Yours uly, / Steph nie L. Arries Assistant Weld County Attorney PC: J. Wallace i 4 r_ .. _ • 3: • • 4 • r M ; Al it 44 " r 1 . 4_ _,x,41. •' I� I ,r,j^1 4 r • 1 1`. , • • • .' rj: ti' . ( 1 1 . I .-R S + t 1 J ,Y it N i • A% -% v I 1 _ _ . _ r r ' , '' J 4.i: C--" _.. isi. --....... a. • • a ta "I 4 , . . i A s . • r 1 , F. • S. 'if* . i . k I I - .1 Jr ., + 4 I 1 It_ (. 1 . L= :�: , I , _ .v - 1 1. kr1H, " I e Imo- fj�} 1.Fmac, - - - _ ,1I. '-F ' 4,'. Ly ' ` 4. • a `z s ra :' I ! • �� 1 1 = 6 Iimibeisessisrmaiiiinassiniss �� Al '1 : . „ - ( , 1 jii,t , .tom+ ar - !l�10 R i' I I rI it • � � J h ' t I -- - • e 41 irlimallialleasmibmaihrearegauslasis . 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Greeley, Colorado 80634-1398 (970) 356-8097 Ext 3 • Fax (970) 351-0395 www.wgcd.org 514 11 1 TO: Mr. Brownlee From: Tommy Meyer Date: 05/04/11 RE: Blowing Dust Complaint Mr. Cross, This is to confirm that I have spoken with you about a complaint we have received concerning the likelihood of blowing dust leaving your property and impacting neighboring properties. Please see the enclosed findings and recommendations of West Greeley Conservation District. Sincer 1\1\1,,,t/ WEST GREELEY CONSERVATION DISTRICT ONSERVATION 4302 W. 9th St. Rd. Greeley, Colorado 80634-1398 (970) 356-8097 Ext 3 • Fax (970) 351-0395 www.wgcd.org Site Visit in regards to dust complaint made by Lynn Brownlee against Jim Cross. 5/03/11 I conducted a site visit at the above mentioned properties. Mr. Cross was more than happy to show me around, and give me a brief history of the situation. Mr. Cross stated that he complied with all the recommendations of the district and Mr.Brownlee, from the last site visit made by WGCD. I did not observe any dust blowing at the time of the visit,but did see evidence of soil movement in the past. Mr. Cross planted wheat and fenced the area in question off to keep the cattle off of this area. The wheat is sparsely populated due to a lack of moisture. What I observed is that the majority of the soil that is moving is being collected on the 60 foot right away between the two properties, owned by Mr. Cross. I also observed that the area where Mr. Cross is feeding his cattle,there is no sign of blowing due to the manure deposits. Mr. Cross stated that he had some mulch that he would be willing to spread along the right of way to help stop the movement. I advised against this practice as I felt that the mulch my blow and not stay in place. Some recommendations that myself and Mr. Cross spoke about were to stack some big bales of cornstalks along the south side of his property to act as a barrier. I then visited the Brownlee property and observed very minimal soil from the Cross property. The one thing that Mr. Brownlee pointed out was the dirt on the front of the vehicle that was parked. No guess on how long the vehicle had been parked there. Mr.Brownlee stated that his house was not getting any dust in it as the windows were tight, but his attic is full of dirt blowing thru the vent on the roof. As far as blowing dust complaints go,this is a minor infringement. There is evidence of vegetation trying to become established, slowly due to dry weather conditions. There is evidence of stubble and kochia, which should serve as a buffer, of some sorts,to stop the majority of blowing dust. The 60 ft. right of way does show evidence of dust collection,however it is the opinion of the WGCD that hauling manure into the area would increase the pest(fly mainly) in such a manner,the benefit would probably be lessened due to the nuisance factor. Mr. Cross has volunteered to stack corn straw bales along the fence line if it would improve neighborly good will. However, unless moisture occurs soon, there would be little evident benefit to such a move. In the spirit of good neighborly will, it is recommended that Mr. Cross stack a row of bales along the fence line and continue to monitor and practice the land conservation steps he is currently following. 1861 - 2011 WELD COUNTY ATTORNEY'S OFFICE TI P.O. BOX 758 a GREELEY, CO 80632 WEBSITE: www.co.weld.co.us PHONE: (970) 336-7235 W E L DEC O U N T Y FAX: (970) 352-0242 CERTIFIED MAIL April 26, 2011 Jimmie and Charlotte Cross 24891 Weld County Road 53 Kersey, CO 80644 RE: Dust Blowing Complaint for Property Located in the NW 1/4 and NE1/4 Section 32, Township 5 North, Range 64 West of the 6th P.M., Weld County, Colorado, known by street and number as: 24891 WCR 53, Kersey, Colorado 80644 Mr. and Mrs. Cross: The Board of County Commissioners of Weld County, Colorado has been informed that dust is blowing from the above described parcel. According to the information received, the soil is being deposited on property owned by Lynn and Ruby Brownlee, who are located on neighboring property. A telephone call was received by the office of the County Attorney on April 25, 2011. The caller stated that substantial amounts of sand and dust have been deposited on the Brownlee's property. Please be advised that pursuant to C.R.S. § 35-72-102(b), it is the duty of the owner or occupier of any land in the State of Colorado to prevent soil blowing from such land. The West Greeley Conservation District in Greeley has been contacted with a request to inspect the property, to inform this office, and perhaps the Board, of the results of the inspection, and to provide any recommendations they may have for remedial measures to be performed on the above-described property. It is expected that they will be in contact with you soon. Pursuant to C.R.S. § 35-72-103(1), the Board of County Commissioners may order treatment of the parcel to accomplish such recommendations. Any such treatment would be at your expense. Depending on the recommendations and observations of that office, a hearing may be held before the Board of County Commissioners in the near future. You will, be notified of that hearing. If you have any questions concerning this matter, please contact this office at 356-4000, Extension 4394. Yours Truly, �SYep ie L. Am Assistant Weld County Attorney pc: Brownlee NRCS Jim Cross 24891 CR 53 Kersey, CO 80644 Dear Mr. Brownlee, In the next few days, I will plant the south portion of the acreage occupied by my cattle as you suggested. Though, it will not be an immediate solution, it will be a start in that direction. In addition, I will spread manure on the north section to try and hold the ground better for this winter. Hopefully this will offer some improvement to the blowing problems. I regret the negatives in the past and would like to move forward in a positive way in the future. Sincerely, Jim Cross P.S. A copy of the above letter is being sent to West Greeley Conservation District. 6 WELD COUNTY ATTORNEY'S OFFICE 915 TENTH STREET 1'♦�1 P.O. BOX 758 GREELEY, CO 80632 WEBSITE: www.co.weld.co.us C. PHONE: (970) 336-7235 FAX: (970) 352-0242 COLORADO March 9, 2010 Lynn Brownlee 24715 WCR 53 Kersey, Colorado 80644 RE: Dust Blowing Concerns Dear Mr. Brownlee: This letter is written to follow-up on my letter to you dated March 5, 2010, which was written in response to your telephone call of March 3, 2010. I called the West Greeley Conservation District to tell them of your concerns. On March 5, 2010, a representative of that office visited the property and met with the property owner. A tour of the property was conducted, and several pictures were taken. A report of the visit was also written and forwarded to me. I have enclosed both the photographs and the report for your review. Essentially,the employee of the West Greeley Conservation District believes that progress has been made to prevent the soil from blowing. The pictures appear to present an improvement over the situation last year. The property owner has been advised that he needs to take steps to prevent any blowing. At this time, I believe that the only thing we can do is to see what happens this year. Certainly, if there is a problem with soil blowing from the property, you should contact this office. If you have additional questions, please call me. Yours ruly, Step anie L. Arries Assistant Weld County Attorney PC: J. Wallace WEST GREELEY t'lN rRvATI0N CONSERVATION DISTRICT 4302 W.9th St. Rd. Greeley,Colorado 80634-1398 (970)356-8097#3 Dust Complaint Lynn Brownlee Jimmie Cross On Friday March 5, 2010 a site visit was conducted at the homes of Jimmy Cross and Lynn Brownlee to assess the dust blowing complaint filed by Mr. Brownlee. Mr. Cross gave us a tour of pastures and the area where he feeds his cows and lets them calve in the winter. He has moved his hay feeders around in different areas to try to avoid certain areas getting trampled and creating more of a problem. There is low lying vegetation visible on the ground in the area. The vegetation is more noticeable the closer you get to Mr. Brownlee's property. There are several mounds of manure piled up in the area that Mr. Cross has planned on spreading on his hay field this spring. Some of the loose surface dust may blow off the piles in high wind but we do not expect excess amounts of dirt or sand to leave the mounds because they are predominantly manure. The mounds are the main complaint that Mr. Brownlee has expressed concerns about. The fences around the property look to be in good shape and not covered up and the areas that do not have vegetative growth have adequate amounts of manure on the surface. Mr. Cross stated that some of the dust that Mr. Brownlee is seeing could very well be coming from properties just to the north where there is roping arena in the direction. From our observation Mr. Cross is trying to do the right thing to prevent the problem from escalating. Our recommendation would be for him to watch his manure piles closely and if they do stall to blow and leave his property then he needs to go ahead and get them removed or spread. ( WELD COUNTY ATTORNEY'S OFFICE 7f & ' 915 TENTH STREET P.O. BOX 758 GREELEY, CO 80632 IWEBSITE: www.co.weld.co.us C PHONE: (970) 336-7235 FAX: (970) 352-0242 COLORADO March 5, 2010 Lynn Brownlee 24715 WCR 53 Kersey, Colorado 80644 RE: Dust Blowing Concerns Dear Mr. Brownlee: This letter is written as a follow-up to you call to me on March 3, 2010. I spoke with Joyce Wallace of the West Greeley Conservation District regarding your concerns that dust will blow from the property owned by James Cross onto your property. She told me that a representative of her office did go out to the property in December, 2009, and that one will be sent out in the near future to assess the conditions on the property. She told me that at this time, it is difficult to determine what the future will hold, as the ground is still quite wet, and there has been no blowing thus far this year. I have enclosed copies of the statutes which pertain to what a Board of County Commissioners can do with regard to dust-blowing situations. You will note that Colorado Revised Statutes Sec. 35-71-101 specifically permits a landowner who has been damaged by blowing soil to sue the landowner whose property caused the damage. Ms. Wallace told me that she had told you that her office would assist you in your efforts to sue in the event your property had sustained damages. However, you will note that the statute only allows you to sue, no governmental entity can handle that for you. Next, you will note that Colorado Revised Statutes Sec. 35-71-102 expands on your right to file a lawsuit against a landowner who fails to prevent soil from blowing. Under the provisions of Colorado Revised Statutes Sec. 35-71-103, A Board of County Commissioners may act in "emergency conditions", when soil is actually blowing. A hearing may be held and if the Board finds that soil is blowing "in sufficient quantities to be injurious to March 5, 2010 Page 2 private property", it may determine what, if anything can be done to lessen the blowing soil. If it finds that an emergency exists, that the blowing is occurring, that the blowing may be lessened or prevented by treatment of the soil, and that property damage appears to be occurring, the Board can issue a citation to the owner telling the owner what treatment is to be commenced, and giving the landowner a date by which it must comply. If the landowner refused or fails to comply with the directive, the Board may undertake the work. Under the provisions of Colorado Revised Statutes Sec. 35-71-105, the legislature has established the amount of repayment the county is entitled to recover (a maximum of$15 per acre) and has set out the method by which that money may be collected. Based on the fact that at this time, there is no soil blowing, the County cannot take any action. However, in the event that soil begins to blow from a nearby property, you should call me and we can begin the citation process. If you feel that your property has been damaged in the past, you should contact a private attorney to discuss your rights under the state's laws. Yours truly, 5ir"ephanie L. Arries Assistant Weld County Attorney Pc: J. Wallace WELD COUNTY VIID�.. ATTORNEY'S OFFICE COLORADO STEPHANIE L. ARRIES ASSISTANT WELD COUNTY ATTORNEY (970)336-7235 915 TENTH ST.•P.O.BOX 758 (970)356-4000 DT.4394 GREELEY,COLORADO 80632 FAX:(970)352-0242 E-MAIL:sarnes@co weld.co.us WEBSITE:www.co.weld.co.us Page 2 o Westlaw. C.R.S.A. § 35-72-101 Page 1 C West's Colorado Revised Statutes Annotated Currentness Title 35.Agriculture Nis Soil Conservation ictiti Article 72. Soil Erosion--Dust Blowing--1954 Act(Refs&Annos) y §35-72-101. Legislative declaration (1)Soil erosion and damage caused by wind storms and blowing soil produced thereby are recognized and de- clared 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 in- jured by negligent conduct associated with blowing soil to have legal recourse,it is determined to be in the in- terest of the people of this state to allow recovery of damages for such negligent conduct. CREDIT(S) Amended by Laws 1983,H.B.1171, § 1. HISTORICAL AND STATUTORY NOTES 2007 Main Volume Derivation: C.R.S.1953, § 128-3-1. Laws 1954,2nd Ex.Sess.,S.B.1, § I. C.RS.1963, § 128-3-1. LIBRARY REFERENCES 2007 Main Volume Environmental Law 32. Westlaw Topic No. 149E. C.J.S. Health and Environment §§ 167, 173. NOTES OF DECISIONS ©2010 Thomson Reuters.No Claim to Orig.US Gov.Works. http://web2.westlaw.com/print/printstream.aspx?sv=Split&prft=HTMLE&fn=_top&mt=Colorado&vr=2.0&... 3/4/2 C West's Colorado Revised Statutes Annotated Currentness Title 35.Agriculture tsl Administration Nil Article 3.5.Nuisance Liability of Agricultural Operations(Refs&Annos) §35-3.5-102. Agricultural operation deemed not nuisance--state agricultural commission-- attorney fees--exceptions (1)(a)Except as provided in this section, an agricultural operation shall not be found to be a public or private nuisance if the agricultural operation alleged to be a nuisance employs methods or practices that are commonly or reasonably associated with agricultural production. (b)An agricultural operation that employs methods or practices that are commonly or reasonably associated with agricultural production shall not be found to be a public or private nuisance as a result of any of the following activities or conditions: (I)Change in ownership; (II)Nonpermanent cessation or interruption of farming; (III)Participation in any government sponsored agricultural program; (IV) Employment of new technology;or (V)Change in the type of agricultural product produced. (2)(a)Notwithstanding any other provision of this section to the contrary, an agricultural operation shall not be found to be a public or private nuisance if such agricultural operation: (I) Was established prior to the commencement of the use of the area surrounding such agricultural operation for nonagricultural activities; (II)Employs methods or practices that are commonly or reasonably associated with agricultural production; and (III)Is not operating negligently. (b)Employment of methods or practices that are commonly or reasonably associated with agricultural production shall create a rebuttable presumption that an agricultural operation is not operating negligently. (3)The court may, pursuant to sections 13-16-122 and 13-17-102, C.R.S., award expert fees,reasonable court costs, and reasonable attorney fees to the prevailing party in any action brought to assert that an agricultural operation is a private or public nuisance. Nothing in this section shall be construed as restricting, superseding, abrogating, or contravening in any way the provisions of sections 25-7-138(5), C.R.S., and 25-8-501.1(8), C.R.S. (4)As used in this article,"agricultural operation"has the same meaning as"agriculture", as defined in section 35- 1-102(1). (5)Any ordinance or resolution of any unit of local government that makes the operation of any agricultural operation a nuisance or provides for the abatement thereof as a nuisance under the circumstances set forth in this section is void; except that the provisions of this subsection(5)shall not apply when an agricultural operation is located within the corporate limits of any city or town on July 1, 1981, or is located on a property that the landowner voluntarily annexes to a municipality on or after July 1, 1981. (6)This section shall not invalidate any contracts made prior to September 1, 2000,but shall be applicable only to contracts and agreements made on or after September 1,2000. (7)A local government may adopt an ordinance or pass a resolution that provides additional protection for agricultural operations; except that no such ordinance or resolution shall prevent an owner from selling his or her land or prevent or hinder the owner in seeking approval to put the land into alternative use. Page 2 of 3 Westlaw,. C.R.S.A. § 35-72-101.5 Page 1 C West's Colorado Revised Statutes Annotated Currentness Title 35.Agriculture 'ss Soil Conservation Rij Article 72. Soil Erosion--Dust Blowing--1954 Act(Refs& Annos) §35-72-101.5. Definitions As used in this article,unless the context otherwise requires: (1)"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,wheth- er 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. CREDIT(S) Added by Laws 1983, H.B.1171, §2.Amended by Laws 2002, Ch. 163, §30, eff. July 1, 2002. LIBRARY REFERENCES 2007 Main Volume Environmental Law QC=34. Westlaw Topic No. 149E. C.J.S. Health and Environment §§ 167, 173. C. R. S.A. § 35-72-101.5,CO ST § 35-72-101.5 Current through the end of the First Regular Session of the 67th General Assembly(2009) ©2010 Thomson Reuters.No Claim to Orig.US Gov. Works. http://web2.westlaw.com/print/printstream.aspx?utid=l&sv=Split&prft=HTMLE&mt=Colorado&fn=_top&... 3/4/201 Page 2 o Westlaw. C.R.S.A. § 35-72-102 Page 1 C West's Colorado Revised Statutes Annotated Currentness Title 35. Agriculture cj Soil Conservation Rp Article 72. Soil Erosion--Dust Blowing--1954 Act(Refs& Annos) y §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 con- sisting 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 practic- able, 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 re- cover actual damages from the other owner or occupier by bringing an action in any court of competent jurisdic- tion. (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 fail- ure of an owner or occupier to discharge his duty to prevent soil blowing from land he owns or occupies may re- cover 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 liabil- ity,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. ©2010 Thomson Reuters.No Claim to Orig.US Gov. Works. http://web2.westlaw.com/print/printstream.aspx?utid=l&sv=Split&prft=HTMLE&mt=Colorado&fn=_top&... 3/4/2 Page 2 o Westlavu C.R.S.A. §35-72-103 Page 1 C West's Colorado Revised Statutes Annotated Currentness Title 35.Agriculture Soil Conservation 'sis Article 72. Soil Erosion--Dust Blowing--1954 Act(Ret's& Annos) 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, irrigation 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 prop- erty, 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 ma- terially 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 com- munication,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 performed in accordance with such citation. ©2010 Thomson Reuters.No Claim to Orig.US Gov. Works. http://web2.westlaw.com/print/printstream.aspx?utid=l&sv=Split&prft=HTMLE&mt=Colorado&fn= top&... 3/4/2 Page 2 o Westlaw. C.R.S.A. §35-72-105 Page 1 C West's Colorado Revised Statutes Annotated Currentness Title 35.Agriculture "®Soil Conservation sij Article 72. Soil Erosion--Dust Blowing--1954 Act(Refs& Annos) §35-72-105. Method of assessment (1)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 ap- plicable 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 commission- ers 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. CREDIT(S) Amended by Laws 1981, H.B.1099, §4; Laws 1983,H.B.1171, § 5. HISTORICAL AND STATUTORY NOTES 2007 Main Volume Derivation: C.R.S.1953, § 128-3-5. ©2010 Thomson Reuters.No Claim to Orig.US Gov. Works. http://web2.westlaw.com/print/printstream.aspx?utid=l&sv=Split&prft=HTMLE&mt=Colorado&fn=_top&... 3/4/2 WEST GREELEY CONSERVATION DISTRICT PHOTOS BrownleeSide004.jpg picture by toddpatterson - Photobucket Page 2 of 3 i!, iim ,. Alta .. ., , , n, I f i • , t, , ,,_. , , • • it _ , .. • ® Feed for this album ® Feed for all toddpatterson's content Photobucket Photobucket Support Extend La Sea http://s893 .photobucket.com/albums/ac 139/toddpatterson/?action=view&current=Brownlee... 3/9/2010 Brownlee's wood pile picture by toddpatterson - Photobucket Page 2 of 3 «� _ _ .s. , .fie 1 illit- . 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Search for more Cross's manure pile pictures Lj Feed for this album ® Feed for all toddpatterson's content Photobucket Searcy http://s893.photobucket.com/albums/ac 1 3 9/toddpatterson/?action=view&current=CrossSide... 3/9/2010 Cross's pasture picture by toddpatterson - Photobucket Page 2 of 3 . ,. t •,-;-•-..;- r t - ..• I _. - - s: .f - f 1 I t �• a wf.• a. l • liti it lb • if • et . is4 _ 47;i. 4e . v t} u • - .- - - _ a m+ A• I. trla rim -♦. a G ♦l � T � -f - .. , � .R 1L+� tr?• • ;ate -�'• ' ' . K< s ;_ - J•oi ,•♦T . 'ice• • . . - T.,• .:i. e!' -.r:s a. 4 y +Y° " ♦' .r . .1.� i.. ; r �, ;es � - c . �. •- - - In..+s. . 1 _ 4, - ,/♦ •-• •J.— ,- - e _ ♦1t4 -. 1•.•('. . flirt : - ... 6 I .. 'Z.. .J 'y - " .. 1+-s- tea- !• . am—rArr '� ..p.,.. _ 4-4 jiill1L �1 ' -' .a 0-4 • t • i♦ + ._ .Ix 7 ' w • " . • .. 5. 45 • r • T7r • I ,. -t Search for more Cross's pasture pictures Feed for this album ® Feed for all toddpatterson's content Photobucket Searct http://s893 .photobucket.com/albums/ac 139/toddpatterson/?action=view&current=Brownlee... 3/9/2010 tural industry and is based in Erie, Co. Philip Brink, CEP, may ext 3. A good source of program information is the Colorado be reached at (720) 887-9944. NRCS home page, www.co.nrcs. usda.gov. Plan ! Facts about Canada Thistle Avoid ugly, costly soil erosion Tina Booton, Weld Weed Division Canada thistle is one of the most feared noxious weeds in Ray Mowery, District Conservationist, NRCS the U . S . as it can infest many land types , from roadsides , Growing crops and green fields, it is hard to believe that just ditch banks , riparian zones , pastures , irrigated cropland , a few months ago it was brown and winds carried valuable to the most productive dryland fields . Canada thistle was topsoil from these same fields. The dry winter and unrelenting introduced as early as the 1600s, probably as a seed winds turned some exposed cropland into ugly Dust Bowl look- contaminate . By 1954 it was declared a noxious weed a-likes. The eroding soil prompted many complaints to Weld in 43 states . Severe infestations may decrease wheat County and the West Greeley Conservation District (WGCD). yields by 65 precent and corn yields by 35 percent. Can- Most, if not all, complaints could be avoided if landowners and ada thistle is three- four times more competitive than wild operators practiced good land stewardship. We all know that oats . Canada thistle is also a host for bean aphid and the Colorado winters can be dry and windy and spring in Weld stalk borer insects that affect corn and tomatoes. The County is guaranteed to be windy. For the most part, farmers sod-web worm which also damages corn will use Canada are using residue management, cover crops and new tillage thistle as a host plant. practices, such as strip-till, to avoid excessive wind erosion and conserve moisture. But, it only takes a few miscalculated Canada thistle (Cirsium arvense ) is a non-native deep- practices to expose the valuable topsoil to erosion . Acres that rooted perennial that spreads by seeds and aggressive , have had the irrigation water removed and pastures that are creeping horizontal roots ( rhizomes ). Canada thistle can overgrazed top the complaint list. grow 2 -5 feet in height. The leaves are oblong , spiny, Since the 1985 Farm Bill, farmers who participate in USDA bright green in color, and are only slightly hairy on the programs are required to have conservation plans on the land undersurface . Flowers occur in small clusters that form they farm which describe how they plan to meet locally accept- on the ends of branches . The flowers vary from white to able erosion limits. This is still true today. USDA participants purple in color with a strong vanilla scent coming from need to remember that if complaints are filed and they are de- the female flowers . termined to be out of compliance with the conservation plan, they can lose their benefits. ` Canada thistle emerges Non USDA participants from its root system from and small acreage own- Brandc late April through May. 4 ers as well as government ,1li'l%.3/411 It begins to flower • in participants are bound by • a late spring to early sum- Colorado Revised Statute mer with increase in day 35-72-102(b), it is the duty Buffalo.... length . Canada thistle of the owner or occupier produces about 1 , 000 to of any land in the State of 1 , 500 seeds per plant. Colorado to prevent soil These seeds may remain blowing from such land . viable for up to 20 years . It's the law! Small acreage SHARP BROS . SEED CO . Typically, it reproduces owners should know that r through its creeping root WGCD has technicians, Not the Biggest....Siinplythe Best !! system , and can quickly equipment and in some • ‘. - e form dense stands . Every cases monetary resources piece of root, from an inch to help address erosion issues. It is best to seek assistance in length , is capable of forming new plants . The creep- before neighbors file complaints. ing roots have the ability to penetrate depths of up to 22 All USDA participants are required to obtain conservation feet in the soil column . The key to controlling Canada plans if they intend to farm acres without cropping history or thistle is to eliminate seed production as well as reduce intend to convert wetlands to cropland , including removing the plant's nutrient reserves in its root system through trees and other woody vegetation in wet areas. Conservation persistent, long-term management. Reserve Program (CRP) acres need conservation plans de- veloped prior to tillage used in conversion to commodity crop Combining control methods for Canada thistle is impera- rotations. Because Weld County has over 100 CRP contracts tive . The plant needs to be continually stressed , forcing it scheduled to expire September 30, farmers should start now to exhaust root nutrient stores and eventually die . Of all requesting planning assistance from the Natural Resources control methods , prevention is most important. Maintain Conservation Service (NRCS). Also, NRCS would like to help healthy pastures and rangeland while continually moni- with plans for grazing and haying of CRP acres. Programs toring your property for new infestations . may be available to assist with expenses involved with bring- ing these acres back into production. The last thing anyone wants to see is adding expiring CRP acres to the list of soil erosion complaints. : If you want to stop receiving this : For assistance with conservation practices, erosion control : newsletter or receive it via email , : plans, USDA compliance plans or program participation , • contact us at info@wgcd .org PHOTOS TAKEN BY LYNN BROWNLEE ► ■ F `4- 4 4 41 . 6I:. I it , .+' Ilk 1 la -an _ Male a Ma IIM It r 11114 1 I 1 I, I illb err f , It iii dlIFI { `+ • . ' . 4 l •, Or a If if 4 . • • I 4fall. MSS _ 7 14, r-. �r ' r •� I} y� r ��• 0.• it 4.;la.,'•al'.4 4 Ili I 44 mars 4 , 's . sjicr :sue , lit 1L " di Illts . / • Y ,• 4 V.. J a.�t I rn e 0.* � r ' ' L- I t .' a . - AR I I ia. - _ * - w a .r 1 or . e —tr._.it" - • Y • fir.- r- •I1r iRA may .« ' • i J` hs•`'''1 ,',4-•.�•.C •••es- . - . 4 . ....'... ,,,. - ._•4k.„, T . °ar_ .L.p '.',I. --so- - - - _ { i r -i '•' t l}'� t, ,- ��t1^�r�. r`T - _ - .. „Ii t.' . - - +1•.�". - _ _ air t' y r• st. M' 1.Y r `� fit : 4` T.' 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I. 4' • p '4A O, I .4 T t% . l• . . •• 1 Ori wi r • , • ` EXI aLra or r---i-_+ Am Xh .b .t A N�Ce:7 - n It ... --, . ... isie , 4 : T.--Tc; 7 - -'.5 ...fr-7 '. .. 7 / J yr ."' ...•-14lif 1 4 _ ri / V 1 • N \ • . . ea • • T "iv • .. ; / a.oy O N v \ n i -. * 0 a) � Q" N � � rw ...."•••• ' •I n Ell O I O D- i ar ..acs .y . • . � N O .- � —S r. d � ♦ .M..r • a 0 1 �1 O NO • , ' - g-Q,J I I i It c . �Vi[ii t w ` I F V 1 CI -• '' o ¢' a - n111 �° r o . . , Ill -n < D DaoD IA. } a D cu up n a �, f IS i *1' ,PP II 1 _ e ' a • jig _ 3-. ,�,.,� _- , -t Jul11 W _ I. �r � � 4.... . C ' 1 114 i , . . D . . yam:. . .+. . k- N rt T* r aCL 4 Scale : 1 " = 600' Page 2 of IM2St6At Page 1 C.R.S.A. § 35-72- 103 C West's Colorado Revised Statutes Annotated Currentness Title 35. Agriculture icw Soil Conservation 'via Article 72. Soil Erosion--Dust Blowing--1954 Act (Refs 8.r_ Annos) ♦§ 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, irrigation 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 © 2007 Thomson/West. No Claim to Orig. U.S. Govt. Works. http://web2.westlaw.comlprintlprintstream.aspx?prft=HTMLE&destination=atp&sv=Split. .. 6/26/2007 Page 3 of 4 Page 2 C.R.S.A. § 35-72-103 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 performed in accordance with such citation. (3)The provisions of this section shall not apply to any land less than one acre in area. CREDIT(S) Amended by Laws 1981,H.B.1099, § 3; Laws 1983, H.B.1171, § 4;Laws 2002, Ch. 163, § 9, eff July 1,2002. HISTORICAL AND STATUTORY NOTES 2007 Main Volume Derivation: C.R.S.1953, § 128-3-3. Laws 1954, 2nd Ex.Sess., S.B.1, § 3. C.R.S.1963, § 128-3-3. Laws 1965, S.B.252, § 1. LIBRARY REFERENCES 2007 Main Volume Counties X47. Westlaw Topic No. 104. C.J.S. Counties §§ 70 to 73. NOTES OF DECISIONS In general 1 1. In general © 2007 Thomson/West.No Claim to Orig.U.S. Govt. Works. http://web2.westlaw.com/print/printstream.aspx?prft=HTMLE&destination=atp&sv=Split... 6/26/2007 5/28/2011 Michie's Legal Resources 35-3.5-102. Agricultural operation deemed not nuisance - state agricultural commission - attorney fees - exceptions. ( 1 ) (a) Except as provided in this section, an agricultural operation shall not be found to be a public or private nuisance if the agricultural operation alleged to be a nuisance employs methods or practices that are commonly or reasonably associated with agricultural production. (b) An agricultural operation that employs methods or practices that are commonly or reasonably associated with agricultural production shall not be found to be a public or private nuisance as a result of any of the following activities or conditions: (I) Change in ownership; (II) Nonpermanent cessation or interruption of farming; • (III) Participation in any government sponsored agricultural program; (IV) Employment of new technology; or (V) Change in the type of agricultural product produced. (2) (a) Notwithstanding any other provision of this section to the contrary, an agricultural operation shall not be found to be a public or private nuisance if such agricultural operation: (I) Was established prior to the commencement of the use of the area surrounding such agricultural operation for nonagricultural activities; (II) Employs methods or practices that are commonly or reasonably associated with agricultural production; and (III) Is not operating negligently. (b) Employment of methods or practices that are commonly or reasonably associated with agricultural production shall create a rebuttable presumption that an agricultural operation is not operating negligently. (3) The court may, pursuant to sections 13- 16- 122 and 13- 17- 102, C.R.S., award expert fees, reasonable court costs, and reasonable attorney fees to the prevailing party in any action brought to assert that an agricultural operation is a private or public nuisance. Nothing in this section shall be construed as restricting, superseding, abrogating, or contravening in any way the provisions of sections 25-7- 138 (5), C.R.S., and 25-8-501 . 1 (8), C.RS. (4) As used in this article, "agricultural operation" has the same meaning as "agriculture", as defined in section 35- 1 - 102 (1 ). (5) Any ordinance or resolution of any unit of local government that makes the operation of any agricultural operation a nuisance or provides for the abatement thereof as a nuisance under the circumstances set forth in this section is void; except that the provisions of this subsection (5) shall not apply when an agricultural operation is located within the corporate limits of any city or town on July 1 , 1981 , or is located on a property that the michie.com/Colorado/Ipext.dll/.../5c0a6... 1 /2 5/28/2011 Michie's Legal Resources landowner voluntarily annexes to a municipality on or after July 1, 1981. (6) This section shall not invalidate any contracts made prior to September 1, 2000, but shall be applicable only to contracts and agreements made on or after September 1, 2000. (7) A local government may adopt an ordinance or pass a resolution that provides additional protection for agricultural operations; except that no such ordinance or resolution shall prevent an owner from selling his or her land or prevent or hinder the owner in seeking approval to put the land into alternative use. Source: L. 81: Entire article added, p. 1694, § 1, effective July 1. L. 96: (5) added,p. 675, § 2, effective May 2. L. 99: (1) amended, p. 335, § 1, effective July 1. L. 2000: Entire section amended, p. 198, § 1, effective September 1. ANNOTATION The mere fact that an operator moves an agricultural sprinkler on a county road does not establish a public nuisance. Moreover, even if the use of the agricultural sprinkler constituted a public nuisance, the county is empowered only to abate the nuisance to the extent reasonably necessary and, because of state policy in support of the use of implements of husbandry, an absolute prohibition on the movement of agricultural sprinklers on a county road is unreasonable. Bd. of County Commis of Logan County v. Vandemoer, 205 P.3d 423 (Colo. App. 2008). michie.com/colorado/Ipext.dll/.../5c0a6... 2/2 Sec. 23-2-940. General requirement for collateral. The policy on Collateral as outlined in Section 2-3-30 of this Code shall be followed. (Weld County Code Ordinance 2001 - 1 ) ARTICLE III Zone Districts Division 1 A (Agricultural) Zone District Sec. 23-3-10. Intent. Agriculture in the COUNTY is considered a valuable resource which must be protected from adverse impacts resulting from uncontrolled and undirected business, industrial and residential land USES. The A (Agricultural) Zone District is established to maintain and promote agriculture as an essential feature of the COUNTY. The A (Agricultural) Zone District is intended to provide areas for the conduct of agricultural activities and activities related to agriculture and agricultural production without the interference of other, incompatible land USES. The A (Agricultural) Zone District is also intended to provide areas for the conduct of USES by Special Review which have been determined to be more intense or to have a potentially greater impact than USES Allowed by Right. The A (Agricultural) Zone District regulations are established to promote the health, safety and general welfare of the present and future residents of the COUNTY. (Weld County Codification Ordinance 2000- 1 ) Sec. 23-3-20. Uses allowed by right. No BUILDING, STRUCTURE or land shall be USED and no BUILDING or STRUCTURE shall hereafter be erected, structurally altered, enlarged or maintained in the A (Agricultural) Zone District except for one ( I ) or more of the following USES. Land in the A (Agricultural) Zone District is subject to the schedule of bulk requirements contained in Section 23-3-50 below. USES within the A (Agricultural) Zone District shall also be subject to the additional requirements contained in Articles IV and V of this Chapter. A. One ( 1 ) SINGLE-FAMILY DWELLING UNIT and AUXILIARY QUARTERS per LEGAL LOT. B. One ( 1 ) SINGLE-FAMILY DWELLING UNIT and AUXILIARY QUARTERS on a parcel of land created under the provisions of Chapter 24, Article VIII of this Code. C. FARMING, RANCHING and GARDENING. D. Cultivation, storage and sale of crops, vegetables, plants, flowers and nursery stock raised on the premises. E. TEMPORARY storage, in transit, of crops, vegetables, plants, flowers and nursery stock not raised on the premises and not for sale on said premises. F. Repealed. (Weld County Code Ordinance 2007- 1 ) G. Grazing of LIVESTOCK. 23-118 H. Feeding of LIVESTOCK within the limitations defined in Section 23-3-50 below and Section 23-4- 710. I. OIL AND GAS PRODUCTION FACILITIES. J. PUBLIC parks and PUBLIC recreation facilities. K. PUBLIC SCHOOLS and PUBLIC SCHOOL extension classes. L. UTILITY SERVICE FACILITIES. M. Alcohol production which does not exceed ten thousand ( 10,000) gallons per year, provided that alcohol and by-products will be used primarily on the owner's or operator's land. N. TEMPORARY group assemblages (subject to Chapter 12, Article I, of this Code). O. Asphalt or concrete batch plant used temporarily and exclusively for the completion of a PUBLIC road improvements project. The six-month limitation for this TEMPORARY use may be extended in six- month increments at the discretion of the Director of Planning Services up to two (2) times, and thereafter by the Board of County Commissioners. P. MOBILE HOME subject to the additional requirements of Article IV, Division 3 of this Chapter. Q. Police and Fire Stations or Facilities. R. Borrow pits used TEMPORARILY and exclusively for the completion of a PUBLIC road improvement project. In addition, sand, soil and aggregate MINING, regardless of the use of the material, which qualifies for a single limited impact operation (a 110 permit) or is exempt from any permits from the Division of Minerals and Geology, generates no more than five thousand (5,000) cubic yards of material per year for off-site use and does not involve crushing, screening or other processing. An Improvements Agreement, as determined by the Department of Public Works, may be required prior to commencement of operations. S. MANUFACTURED HOME subject to the additional requirements of Section 23-4-700 of this Chapter. T. ANIMAL BOARDING and animal TRAINING FACILITIES where the maximum number of ANIMAL UNITS permitted in Section 23-3-50.D below is not exceeded. U. Commercial towers subject to the provisions of Article IV, Division 9 of this Chapter. However, one ( 1 ) amateur (HAM) radio operator's crank-up antenna may be extended to a maximum of one hundred fifty (150) feet in height, provided that its resting or "down" position does not exceed seventy (70) feet in height. V. Disposal of domestic sewage sludge subject to the additional requirements of Article IV, Division 6 of this Chapter. W. Disposal of DOMESTIC SEPTIC SLUDGE subject to the additional requirements of Article IV, Division 7 of this Chapter. 23-119 S. CHILD CARE CENTER. T. BED AND BREAKFAST FACILITY. U. More than one ( 1 ) semi-trailer when used as a personal storage unit, on lots in an approved or recorded subdivision plat or LOTS which are part of a map or plan filed prior to the adoption of any regulations controlling subdivisions; and more than two (2) semi-trailers on agricultural parcels not in an approved or recorded subdivision plat of LOTS which are part of a map or plan filed prior to the adoption of any regulations controlling subdivisions in the A (Agricultural) Zone District. V. USES similar to the USES listed above as Uses by Special Review as long as the USE complies with the general intent of the A (Agricultural) Zone District. W. PROCESSING. X. RESEARCH LABORATORY. Y. HEAVY MANUFACTURING - PROCESSING. Z. WIND TURBINE — Height stipulation of seventy (70) feet or less does not apply. AA. More than the number of cargo containers allowed as a use by right per legal lot or parcel. BB. Cemetery. CC. RESIDENTIAL THERAPEUTIC CENTER. DD. WIND GENERATOR(S) requiring the issuance of Use-by-Special Review Permit, as per Chapter 23, Article II, Division 4, and Chapter 23, Article IV, Division 12, of this Code. (Weld County Codification Ordinance 2000- 1 ; Weld County Code Ordinance 2001 -1 ; Weld County Code Ordinance 2002-9; Weld County Code Ordinance 2003- 10; Weld County Code Ordinance 2005-01 ; Weld County Code Ordinance 2006-2; Weld County Code Ordinance 2007-1 ; Weld County Code Ordinance 2007-14; Weld County Code Ordinance 2008- 16; Weld County Code Ordinance 2009-8) ti Sec. 23-3-50. Bulk requirements. The following lists the bulk requirements for the A (Agricultural) Zone District. A. Minimum LOT size: 1 . Irrigated: eighty (80) acres (or is a parcel otherwise recognized as half of a quarter section). 2. Dry: eighty (80) acres (or is a parcel otherwise recognized as half of a quarter section). B. Minimum SETBACK: twenty (20) feet. Fences are not required to comply with the minimum SETBACK and may be located on the property line. Fences located on corner lots abutting public rights- of-way shall not obstruct the view of vehicular traffic at an intersection. C. Minimum OFFSET: three (3) feet, or one ( 1 ) foot for each three (3) feet of BUILDING HEIGHT, whichever is greater. Fences are not required to comply with the minimum OFFSET and may be located on the property line. 23-125 • D. Maximum number of ANIMAL UNITS permitted per acre: four (4) per acre or portion thereof. E. No BUILDING or STRUCTURE, as defined and limited to those occupancies listed as Groups A, B, E, F, H, I, M and R in Section 302. 1 of the 2003 International Building Code, shall be constructed within a two-hundred-foot radius of any tank battery, within a one-hundred-fifty-foot radius of any wellhead or within a twenty-five-foot radius of any plugged or abandoned oil and gas well. Any construction within a two-hundred-foot radius of any tank battery or one-hundred-fifty-foot radius of any wellhead shall require a variance from the terms of this Chapter in accordance with Subsection 23-6-10.C of this Code. F. Landscape criteria may be based upon compatibility with existing adjacent lots and land uses. G. All external lighting shall be designed in accordance with Section 23-2- 160.U.6. (Weld County Codification Ordinance 2000- 1 ; Weld County Code Ordinance 2003-10; Weld County Code Ordinance 2005-01 ; Weld County Code Ordinance 2007-1 ) Division 2 Residential Zone Districts Sec. 23-3-100. Intent. The R- 1 , R-2, R-3, R-4 and R-5 Residential Zone Districts are intended to provide the present and future residents of the COUNTY with areas in which to locate and establish residential land USES and land USES that are compatible with residential areas. The Residential Zone Districts are intended to be located, designed and developed in a manner that is compatible with Chapter 22 of this Code and the adopted master plans of affected municipalities. Sec. 23-3-110. R-1 (Low-Density Residential) Zone District. A. Intent. The purpose of the R-1 Zone District is to provide areas in the COUNTY for SINGLE- FAMILY residential USE that are located, designed and developed in compliance with Chapter 22 of this Code and the adopted MASTER PLANS of affected municipalities. The R- 1 Zone District is also intended to accommodate nonresidential land USES that are both ACCESSORY to and compatible with residential Uses Allowed by Right in the Zone District. B. Uses Allowed by Right. No BUILDING, STRUCTURE or land shall be USED, and no BUILDING or STRUCTURE shall hereafter be erected, structurally altered, enlarged or maintained in the R- 1 Zone District except for one ( 1 ) or more of the following USES. Land in the R-1 Zone District must be USED in compliance with the bulk requirements contained in Section 23-3- 160 below. USES within the R-1 Zone District are subject to the additional requirements contained in Articles IV and V of this Chapter. 1 . One ( 1 ) SINGLE-FAMILY DWELLING per LEGAL LOT, said SINGLE-FAMILY DWELLING shall be connected to and served by a PUBLIC WATER system and a PUBLIC SEWER system. This requirement does not apply to any LEGAL LOT created prior to the original effective date of this Chapter (August 25, 1981 ). 2. PUBLIC parks and PUBLIC recreation areas. 3. PUBLIC SCHOOLS and PUBLIC SCHOOL extension classes. 4. Police and fire stations or facilities. 23-126 " ; 1 -f� . (\'t'" \7i j4 1•..; Y.J.y <. _ ,`•..SS_ . • • til'.. \ , • • •,\.�:(!;`\�J _`•,. .��`;•.R ..• , t • . . _ 1. i,•Yrr i 4,.;..�/•_T J _ rS i ) <•l ..«a A 3 ! •tetf, " `r. . •, 3r 1 C `. �..... ♦ r. . '• •i...L t- } •• ,1� ` a YI �1' .S .,�,!Fi•3A,.�, • .,.. fys?: r , \ i, i'J (. ,y- > ail,� ... � .� . ,•, •' R .,....6,,,..h .-.,;"),:/,,;.-•• 27:,; '•'1 ••icr: p. „,,, •.a •. ti• !' 't-• 9 Lr �y rlif :: , y . y(�' 1. t.• . ' •1 '; • ,t\ , im y ;. r i ' n,\77+\ l i'"7 /\9'.�+.•. • l\ y t,••'n�• •� 1.Yt`�•1•. " T i1 ::::?;:j. Ret3dr�te� 17f LLII VP 1, 7.,". -''�. 4 101. ,trulAiitei • , •. _ _ ._.. . r RtCtpt ,i..NO� - , / • .•: F l r, — _•... r:rrr .1' ,..... "•,lJ.i3.-•*. �e[•4.1.c;.ue:Itat -.,1•.al•-••C ':it . UITCLAIM DEED ' . ' '' • _r_,`tiSi. ;i t4= :�, ... tj' - .- ...:.; : ' t�.':rl? ' t;,,,,. ..% ;' ,.:,•St,,,,,2" F , 'I� •.,. • - 5,' •; .•.11- - � ..�• ir$:•i•'- •r •Sot • ``lV •, .\ -Ai' Ii ,;i„, " 1: ' 11r � r i • . , •• - • ;• : t �.•;( t.: • -itg 't ` t'7n' f '_ Wiliii Beek Made this ;'20bb 'I;;•Y 444 (l;. bcbdit SZti . : , }I tt 1'r �' r t 1.pi. 'vr+Q Z1,•�.Z}SMri •• . rr ...r,r e' •l: rr • if•' •'1 { Li! i• ;•s• f •1 • !i'• 1 �• t1. r .: Sf, ....i `y,• I. f .' ri♦ • • ; 1..: •l• -.F. � -• •1• d . pryti. .,• \ .r:. ':. ;•is the year of our Lord one thousand'piiie buucire, • . .; Thirty saved' \ �.�. .1--. ;� :.ta ••1 ;��,;;,i,='l; ,yr' • • : • , . . • ., • ;til.;,l: •..tri i; ' il!; i.) •4 L I.•'1` ,.i�r t '!• •". l�.f 1'31 1?�• •r- t •llist;,.p '�} f is "("rot-, 9 ifletweea L. F Benbdto'" *1 4% 31.-':*: 461:',1" ' n3 '. • ' l• .='•-r' : i, ."4...roil-, i • ' .! ,� 1•i • ,. i � pin 'S ;'. .'all ,:.. �' , • ' 4' (/\F'itti.'.. ;�ti, ` i,�flLi of the County of • Weld . ,• $ • - ; •••fi:aiid tie State of-Coldiado,•.,of :fie . t. t •i: .. 'i• Va. ,. • I. it .'tell; :!,•: S .1 • 1 :•4I :.fl'/� . .i ' 1 I • --\..-"! f : r ?! i_i ti it r '•4)l' ,t .-;•)11: R. D. Cross ai:cif yCao T`0. -ICrd8a; f • �``' i ' !•' first part, and • • 1 ,f • ,• . 1 of the County of Weld ' ;• ' • ` ;" ; and the'Sts°te'of''Co1or: db, of the second part; WITNESSETH, .'hat,..Elie?,m aid' ta. 011k4f' tlie ;first• drt,,,fed 'ancl' hi 'comidenttioii 'of ' toiler aria dtlfiez•` s' it, ''* *• the sum of (}no ( 01. 6 0� ) +balut�' 1 oori' icle�+at! oris The consideration for this deed is teas than. $10040 wa aoli6t ' • to the said part 7,- .ct the first part in hand. paid by the said part teepf the. second part, the re- ceipt whereof is hereby confessed and acknowledged? hays remised, released, sold, conveyed and Quin CLAIMED, and by these presents do es ' . ren4Lge,' release, sell, ;+convey arid. QUIT ''CLAIM unto the said paitiosof•the second part; theirheirs and asblgns•fo'r`eve.,•all The i'iggit;'fide, interest. claim and demand which the said part:p of the first part , a a :;, ,in, wd to.,thelfolloWing described real estate situate, lying and being in• the-County of WELD -and State .of :Colorado? to-wit:• , : • The North Half ( Na ) of the: Northeast ' Querter. •(NE ) . of Se.Otign - Thirty-two ( 32 ) , Tovmship • Five ( 5 ), Nor th : of Range Sixty-foux ` ( 64 ) ';Jest of the 6th P. M. , containing 80 acres, more -or less, • • • • ,. • To Have and To Hold the same, together with all and singular the appurtenances and priv- ileges thereunto belonging or in anywise thereunto appertaining, and all the estate, right, tide, in- terest and claim whatsoever, of the said part y of the first part, either in law or equity, to the only . , proper use, benefit and behoof of the said partiesof the second part, theirheirsaud assigns forever. IN WITNESS WHEREOF, The said party of the first part has hereunto `et his hand and seal the clay and year first above written. , e Signed t;�__. !.'j - Si ed in the Presence of - _... y� (Sexi} • i. ....�....................,... (Seal) ' • '. ._ . .f:-.F.L.•N..rMr•M•.,t.;w.Y;NJT•'}44 TFti i,UYa / 1 STATE OF COLORADO '�ss- The foregoing instrument was sckr Or ell cl, .1fefore me COUNTY OF WELD. f this 400 day of Met , A. D:, 19 37 , 1 - . • =`•r'" ),.;?/J "-.: by L. F, Eeciedict. ": • • , : �J . r'' '4i '` ' I p t;'A y ness • ... .. I , nmy Ha�? i Witud and Official Seal. . : ' I ',, ,:. l A. ' •‘:•.; •:t•, .,!' ...- • My Commission ERpires � . , • :; -4.. •' U B . S.' try • /'[//`f .,•Fi'7 XI,e U (,1�1• r. f y r{ • St7• i"'\ ' , , ota 1` ublie, •' . ,. 1• '-;, ' ,n-r..w.nv`I+..-'�.. . .. .Iv•..•. '•.. 1 • . .. �_f�,.a w•Y•{,•.f•.wki�..l�.••rJi•l ♦v.J•wH... ..' u•�n+v�;\� .•r..r w.q.-1 •..••M1t..Ww. . Nw.r,�n.a.w , •'� : r _ • , :.4'an1lileiitti'tbi,itti •••ttbLii3• i`ls•:1ct;•3st- .tt.t.UitT leilI-hf-l_.:; At/alt' 100'• ti?�tFrl ;, 1'•1 Identify Results Page 1 of 2 WELD COUNTY ASSESSOR PROPERTY PROFILE Account#: R4171486 Parcel#: 096332000044 Tax Area: 0738 ma"'__-g. _a .._� ra5a Bordering County: �yt pies x Acres: 37.5 Township Range Section Quart. Sec. Subdivison Name Block#Lot# 05 - 64- 32 - 0 - - Owners Name&Address: Property Address: CROSS JIMMIE H& Street: 24891 53 CR 24891 CR 53 City:WELD KERSEY, CO 80644 Additional Owners: CROSS CHARLOTTE L Business/Complex: Sales Summary Sale Date Sale Price Deed Type Reception # 50 Legal Description 9531 NE4NE4 32 5 64 EXC BEG 1048.96'5 OF NE COR W291.64' 522034'E 295.12' TO S LN NE4NE4 E178.33' N272.5'TO BEG (1 47A M/L) (1 R) Land Valuation Summary Land Type Abst Code Unit of Number of Actual Value Assessed Measure Units Value Agricultural 4167 Acres 2 Agricultural 4117 Acres 35.5 Land Subtotal: 37.5 $14,968 $4,350 Buildings Valuation Summary Bldg# Property Type Actual Value Assessed Value 1 Residential 2 Out Building Improvements Subtotal: $150,765 $12,360 Total Property Value $165,733 $16,710 Building Details Account#: R4171486 Parcel#: 096332000044 Owners Name&Address: Property Address: CROSS JIMMIE H & Street: 24891 53 CR 24891 CR 53 City: WELD KERSEY, CO 80644 Building# Property Type 1 Residential http://maps2.merrick.com/Website/Weld/setSgl.asp?cmd=QUERY&DET=PP&pin=09633... 8/27/2010 Identify Results Page 2 of 2 Individual Built As Detail Built As: 1 1/2 Story Fin Year Built: 1936 Exterior: Frame Hardboard HVAC: Floor/Wall Furnace Interior Finish: Plaster Built As SQ Ft: 1712 #of Baths: 3 Roof Type: #of Bdrms: Roof Cover: Composition Shingle #of Stories: 2 Rooms: 0 Units: 0 Garage: Attached SQ Ft: 0 Detached SQ Ft: 484 Basement: Total SQ Ft: 672 Finished SQ Ft: 316 Account#: R4171486 Parcel#: 096332000044 Owners Name&Address: Property Address: CROSS JIMMIE H& Street: 24891 53 CR 24891 CR 53 City:WELD KERSEY, CO 80644 Building# Property Type 2 Out Building Individual Built As Detail Built As: Shed - Utility Year Built: 0 Exterior: HVAC: None Interior Finish: Built As SQ Ft: 1 #of Baths: 0 Roof Type: #of Bdrms: 0 Roof Cover: #of Stories: 0 Rooms: 0 Units: 0 Garage: Attached SQ Ft: Detached SQ Ft: Basement: Total SQ Ft: Finished SQ Ft: http://maps2.merrick.com/W ebsite/Weld/setSgl.asp?cmd=QUERY&DET=PP&pin=09633... 8/27/2010 Identify Results Page I of I WELD COUNTY ASSESSOR PROPERTY PROFILE Account#: R4171686 Parcel#: 096332000045 Tax Area: 0738 Bordering County: Acres: 40 Township Range Section Quart.Sec. Subdivison Name Block#Lot# 05 - 64 - 32 - 0 - - Owners Name&Address: Property Address: CROSS JIMMIE H& Street: 24891 CR 53 City: KERSEY, CO 80644 Additional Owners: CROSS CHARLOTTE L Business/Complex: Sales Summary Sale Date Sale Price Deed Type Reception# $0 Legal Description 9531-i NW4NE4 32 5 64 Land Valuation Summary Land Type Abst Code Unit of Number of Assessed Actual Value Measure Units Value Agricultural 4127 Acres 12 Agricultural 4117 Acres 28 Land Subtotal: 40 $12,138 $3,520 No Buildings on Parcel http://maps2.merrick.com/Website/Weld/setSgl.asp?cmd=QUERY&DET=PP&pin=09633... 8/27/2010 Identify Results Page I of I WELD COUNTY ASSESSOR PROPERTY PROFILE Account#: R4172586 Parcel#: 096332000056 Tax Area: 0738 Bordering County: Acres: 43.83 Township Range Section Quart.Sec. Subdivison Name Block#Lot# 05 - 64 - 32 - 0 Owners Name&Address: Property Address: CROSS JIMMIE H & Street: 24891 CR 53 City: KERSEY, CO 80644 Additional Owners: CROSS CHARLOTTE LEE Business/Complex: Sales Summary Sale Date Sale Price Deed Type Reception # SO Legal Description 9533-C E2NW4 LYING N & E OF GILMORE CANAL 32 5 64 TOGETHER WITH N60' OF S2NE4 Land Valuation Summary Land Type Abst Code Unit of Number of Actual Value Assessed Measure Units Value Agricultural 4137 Acres 5.83 Agricultural 4117 Acres 38 Land Subtotal: 43.83 $17,036 $4,940 No Buildings on Parcel http://maps2.m errick.com/W ebsite/Weld/setSq 1.asp?cmd=QUERY&D ET=PP&pin=09633... 8/27/2010 Identify Results Page I of2 WELD COUNTY ASSESSOR PROPERTY PROFILE Account#: R4171186 Parcel#: 096332000041 Tax Area: 0738 Bordering County: Acres: 1.13 Township Range Section quart. Sec. Subdivison Name Block# Lot# 05 - 64 - 32 - 0 - - Owners Name&Address: Property Address: BROWNLEE I LYNN& Street: 24715 53 CR 24715 CR 53 City:WELD KERSEY, CO 80644 Additional Owners: BROWNLEL RUBY M Business/Complex: Sales Summary Sale Date Sale Price Deed Type Reception# SO Legal Description 9533-F PT S2NE4 32 5 64 BEG SOD2O'E 1540.44' & S87021'W 30.01' FROM NE COR OF SEC S87D21'W 218.52' NOD2O'W 226.79' N89D31'E 218.34' SOD20'E 218.52' TO BEG Land Valuation Summary Land Type Abst Code Unit of Number of Assessed Actual Value Measure Units Value Residential 1112 Acres 1.13 Land Subtotal: 1.13 $33,900 $2,700 Buildings Valuation Summary Assessed Bldg# Property Type Actual Value Value 1 Residential Improvements Subtotal: $126,934 $10,100 Total Property Value $160,834 $12,800 Building Details Account#: R4171186 Parcel#: 096332000041 Owners Name&Address: Property Address: BROWNLEE I LYNN & Street: 24715 53 CR 24715 CR 53 City: WELD KERSEY. CO 80644 Building# Property Type 1 Residential http://maps2.merrick.com/W ebsite/Weld/setSgl.asp?cmd=QUERY&DET=PP&pin=096332... 9/5/2010 Identify Results Page 2 of 2 • Individual Built As Detail Built As: Ranch 1 Story Year Built: 1974 Exterior: Frame Hardboard HVAC: Hot Water Baseboard Interior Finish: Drywall Built As SQ Ft: 1152 #of Baths: 2 Roof Type: #of Bdrms: Roof Cover: Composition Shingle #of Stories: 1 Rooms: 0 Units: 0 Garage: Attached SQ Ft: 0 Detached SQ Ft: 576 Basement: Total SQ Ft: 0 Finished SQ Ft: 0 http://maps2.merrick.com/Website/Weld/setSgl.asp?cmd=QUERY&DET=PP&pin=096332... 9/5/2010 Timeline of Compliance: C.R.S. Article 35-72-102 On or about September 23,2009 Mr. Cross is made aware of complaint and has first on-site consultation with West Greeley Conservation District(WGCD hereafter) representative. During this consultation Mr. Cross and the representative from WGCD agreed that due to the time of year, the typical long-term solutions that could possibly be employed would not provide any immediate prevention or material decrease in the alleged blowing of soil. Mr. Cross expresses a plan to help mitigate the alleged blowing soil more immediately through establishing an evenly distributed mat layer of hay (or stubble residue) and manure to hold the soil. The consultation results in the WGCD recommending that Mr. Cross proceed with establishing an evenly distributed mat of hay and manure in the contained feeding area. Refer to Exhibit B: • C.R.S.35-72-102 • Letter from WGCD to Jim Cross dated 9/23/2009 Fall 2009, Winter 2009/2010& Spring 2010 Mr. Cross proceeds with WGCD recommendation of establishing an evenly distributed mat layer of hay (stubble residue) and manure in contained feeding area. Summer 2010 Oil company fracks natural gas well located in contained feeding area. Oil company scrapes accumulated mat layer of hay and manure from contained feeding area in preparation for fracking procedures. Due to required truck access to the well head, Mr. Cross is forced to temporarily relocate the entire cattle herd into southern half of containment feeding area. September 12, 2010 While working in the southern half of the contained feeding area, the complainant catches the attention of Mr. Cross and expresses face to face his allegation of blowing dust. During this conversation the complainant demands that Mr. Cross fence off his cattle in the northern half of the existing contained feeding area, and plant a cover crop in the southern portion of the contained feeding area. Refer to Exhibit C: • Handwritten record of portion of conversation between Cross and complainant dated 9/12/10 October 13, 2010 Mr. Cross sends letter to the complainant describing the steps he will take to address alleged blowing of soil. Shortly thereafter, Mr. Cross limits the herd to northern half of contained feeding area and drills southern half with winter wheat. Refer to Exhibit D: • Letter from Jim Cross to Complainant dated 10/13/10 Winter 2010/2011 Mr. Cross temporarily fences the crop areas of the farm and provides cattle with winter pasture on alfalfa fields, in addition to the northern half of the contained feeding area. Throughout winter the feeders are moved around northern half to distribute mat layer of hay and manure. Spring 2011 Due to nominal moisture during the previous fall and winter, the attempted winter wheat cover crop does not make satisfactorily. Fanning procedures begin for the season and cattle are removed from winter pasture on alfalfa fields, and are returned back to contained feeding area exclusively. April 26,2011 Mr. Cross receives letter from Weld County Attorney's Office indicating the complainant contacted their office on April 25th. Refer to Exhibit E: • Letter from Weld County Attorney's Office to Jim Cross dated 4/26/11 • Historical wind direction&max wind speed chart: March 25th through April 25th May 3, 2011 Mr. Cross has second on-site consultation with WGCD representative and discusses compliance with both the WGCD and complainant's recommendations and demands, respectively, since the previous consultation with WGCD in fall of 2009. The result of the consultation is that WGCD recommends that Mr. Cross stack large round bales along fence line between the two properties, and continue to monitor and practice current land conservation steps(establishing an evenly distributed mat layer of hay and manure). Refer to Exhibit F: • Letter and accompanying report from WGCD to Jim Cross dated 5/4/11 and 5/3/I I,respectively May 19,2011 Mr. Cross receives letter from Weld County Attorney's Office notifying him that immediate consideration must be given to WGCD and Weld Co. Dept of Health and Environment recommendations, and that the Weld County Board of Commissioners will hear the matter on June 1. Included with the Attorney's letter is a report from the Weld Co. Dept of Health and Environment dated May 18, 2011. Item 6 of the Health Dept's report seems to be the only item that could be construed as a recommendation. And, as already noted above, Mr. Cross has already attempted to establish a cover crop out of good will toward the complainant's 9/12/2010 demands. However, it should be noted that the Health Department representative has incorrectly classified the land in question as an "overgrazed" pasture land. This area is not pasture for grazing, but rather it is a contained livestock feeding area. Requiring a cover crop in this area would establish a precedence that would halt or hamper the methods utilized to feed cattle at every feedlot and dairy in Weld County. Refer to Exhibit G: • Letter from Weld County Attorney's Office to Jim Cross dated 5/19/11 • Report from Weld Co.Dept of Health and Environment dated 5/18/11 May 25, 2011 Mr. Cross follows the current recommendation available from the WGCD regarding the matter: He proceeds to dress the 18-ft wide buffer land between his livestock fence and the property fence line that divides the two properties, and then stack 12 large round bales along fence line to help prevent or materially decrease alleged blowing of soil. Refer to Exhibit H: • Photographs of installation of large round bales t r1�-J WEST GREELEY CONSERVATION DISTRICT 4302 W. 9th St.Rd. Greeley, Colorado 80634-1398 (970)356-8097#3 TO: Mr.Jimmie Cross Exhibit 24891 CR 53 Kersey,CO 80644 FROM: Ellen Nelson, West Greeley Conservation District DATE: 9-23-09 SUBJECT: Blowing Dust Complaint Mr. Cross This is to confirm that I have spoken with you about a complaint we have received concerning the likelihood of blowing dust leaving your property and impacting neighboring properties. Technicians from the West Greeley Conservation District have observed the area and realize that there is not currently a problem with dust and soil blowing from your land. We have been contacted by neighbors that are concerned because this has happened in the past and may occur again this winter. The Conservation District can assist you with planning measures to prevent wind-blown soil erosion from your property. Please contact us if we can be of any assistance. To keep you apprised of the situation, if wind-blown soil leaves your property and impacts neighboring properties, the next step would be for the affected persons to proceed with the formal process of taking this matter to the County Commissioners to address pursuant to Colorado Revised Statute 35-72-102(b). If this occurs you would probably be asked to provide evidence of steps you have taken to prevent soil from blowing from your property. I understand that you are planning on moving the feeders for your cows around to attempt to spread out the impact and to accumulate a mat of manure and hay that may help to hold the soil from blowing. We understand that the area in question is where you winter and feed your cows, and while we understand that this area is critical to your operation,this does not remove your responsibility to prevent blowing dust from leaving your property in large quantities. In addition, you may want to investigate the feasibility of installing some silt fence along the south boundary of your property to alleviate any continuing flow of dirt and dust onto the adjoining property. There are many companies that make and sell silt fence and other erosion and sediment control materials, you can find these on the internet. An example can be seen at http://www.us-fence.com/HTMlsi1t-index.html. It is important to note that a silt fence is not a West Greeley Conservation District Page!of 2 \\Server\client files\Dust\CrossJimmie\ClientLcttcr092349.doc permanent solution; it is simply a band aid on a problem. It may help to prevent blowing dust from leaving the property while more permanent solutions are put in place.More permanent solutions would include planting a cover crop in the affected area, followed by seeding perennial grasses into this cover crop and planting several rows of trees and shrubs along the border of your property. Please contact me if you have any questions or I can provide any additional information or assistance. Ellen Nelson West Greeley Conservation District Technician - Conservation&Education 4302 W 9th St Rd Greeley CO 80634 ellen.nelson@wgcd.org (970)356-8097 x 3 West Greeley Conservation District Page 2 of 2 \\Server\client files\Dust\CrcusJimmie\ClientLetter092309.doc Page 2 of 5 WW Page 1 C.R.S.A. 35-72-102 C West's Colorado Revised Statutes Annotated Currentness Title 35. Agriculture Soil Conservation a Article 72. Soil Erosion--Dust Blowing--1954 Act(Refs&Annos) +§ 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. (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. ©2007 Thomson/West. No Claim to Orig.U.S. Govt. Works. http://web2.westlaw.com/print/printstream.aspx?nrft=HTMLF.Rz destination=atp&sv=Sulit... 6/26/2007 Exhibit C F l ;.-- ,,aid`-;�-v/s 4,41.4,04' pia., aes.f 4 0 cep/ .. ......... :. : .. .�#Z2 ::, .. . , G:tri._ .... :... •rCl./�AM�°'.. �:�K_:. .�� ,fit i • • tip x � � Jim Cross 24891 CR 53 Kersey, CO 80644 October 13, 2010 Dear Mr. Brownlee, In the next few days, I will plant the south portion of the acreage occupied by my cattle as you suggested. Though, it will not be an immediate solution, it will be a start in that direction. In addition, I will spread manure on the north section to try and hold the ground better for this winter. Hopefully this will offer some improvement to the blowing problems. I regret the negatives in the past and would like to move forward in a positive way in the future. Sincerely, Jim Cross P.S. A copy of the above letter is being sent to West Greeley Conservation District. I 8 6 1 2 0 I I WELD COUNTY ATTORNEY'S OFFICE P.O. BOX 758 �.�� •�� GREELEY, CO 80632 WEBSITE: www.co.weld.co.us PHONE: (970) 336-7235 WELD_ -e o NT Y FAX: (970) 352-0242 CERTIFIED and REGULAR MAIL April 26,2011 Jimmie and Charlotte Cross 24891 Weld County Road S3 Exhibit E Kersey, CO 80644 RE: Dust Blowing Complaint for Property Located in the NW1/4 and NE1/4 Section 32, Township 5 North, Range 64 West of the 6th P.M., Weld County, Colorado,known by street and number as: 24891 WCR 53, Kersey,Colorado 80644 Mr. and Mrs. Cross: The Board of County Commissioners of Weld County,Colorado has been informed that dust is blowing from the above described parcel. According to the information received, the soil is being deposited on property owned by Lynn and Ruby Brownlee,who are located on neighboring property. A telephone call was received by the office of the County Attorney on April 25,2011. The caller stated that substantial amounts of sand and dust have been deposited on the Brownlee's property. Please be advised that pursuant to C.R.S. §35-72-102(b), it is the duty of the owner or occupier of any land in the State of Colorado to prevent soil blowing from such land. The West Greeley Conservation District in Greeley has been contacted with a request to inspect the property, to inform this office,and perhaps the Board, of the results of the inspection,and to provide any recommendations they may have for remedial measures to be performed on the above-described property. It is expected that they will be in contact with you soon. Pursuant to C.R.S. §35-72-103(1),the Board of County Commissioners may order treatment of the parcel to accomplish such recommendations. Any such treatment would be at your expense. Depending on the recommendations and observations of that office, a hearing may be held before the Board of County Commissioners in the near future. You will, be notified of that hearing. If you have any questions concerning this matter,please contact this office at 3564000,Extension 4394. Yo s Truly, tep e . Assistant Weld County Attorney pc: Brownlee NRCS Exhibit E Historical wind direction & max wind speed (in days & mph) at weather station near Kersey, CO - March 25, 2011 through April 25, 2011 6 out of 32 days = 1 ° Ida @31 Cross Property N 3 days @ 20, 38, 40 3 days @ 18, 32, 39 2 days @ 37, 21 4 days @l5 NW NE NNW NNE 2 days @36 20W 3da�s� @17, 21 , 28 his 3 days W Complainant's E 2 days @ @ 38, 32, 23 Property 18 WSW ---isaCiaESE 5 days @ 25, 23, 18, 26, 23 SSW SSE SW SE 2 days @ 15, 21 2 days @28, 23 S Wind data used to chart graph above is available upon request. allr ,, "Pt• Off "" 4' • Vsir '; r 21. -v I I-- }} a � `:vim - � ' co t L........ 1 4e CO 4u� ' T' t e L 'i hi S • - _ . s • C b -,:ss t• L. . . 0 (,) , . . ,r., eNtl rt - (p _" i % T �- a OO • � •• fl.) 4— 4- O i' c_ O U - • sate cn U O C �O 1 CV D O CU . r .` U • -o si e(1) O � C at - _ CO • 03w « • C C V) OC0 Q) O O L CD p Uri a 4 C) U CI) a.) a .. .. e: ... Il li - _7 C ft cu } _ Co' Rd 53t . C Co Rd 53 .� :_ il sr "'Pm- iteliti r a Q) , der 4 ile , C ��+ if , 111 "'�i. A Ie 1a) r le oZS- c rB 4„. • _ 3 . - . t . - r eel `. , •'• , ` — •,f ,• , w•C - � OU1 1 . .F � • , � ' .. t , T is (n • .V) 11101111 - 0 ... 417'e.s. ... .7..'"lirrINLL a. V •C RJ i' / W --_ - .. _- . • E +-1 o (n Q • .n v U �.+ U C M 2 03 U 6, � � C p O 0 V' N O 73 (BVi CU . r . 4 CU •L �•* 4, O a e— C C U ° C 03 > a� O v _ U (so = N e • 0O L C > "l7 2 U o O L C O a J _i r ..,. -a. p (2.) co HL,- L >_ N Q) 0 a C 47.3 0 _ r N O C ) C C) X M - Q) � -C >- cn..0 tU a _ he , .. + C O '> � •- Q) L C a , k lc • 1 •• •10 . r • x A ♦ t • s . CU • • Iii - C U C.) ' ' #-fr - C V) .�.' N �' �` w• O Oa Cp t A. � - r U O _ Li " oss ti • L a C p+� I • " .,•4' -' - a. At 1114 Q.) (C • 0 > > O Iti I a) -0 X < C ) O � + Q �. . ' L C C cn aM Ne .� Ii d- o O (a 6 4 WEST GREELEY CONSERVATION DISTRICT ONtiER\',,V ('1ON 4302 W. 9th St. Rd. Greeley, Colorado 80634-1398 (970) 356-8097 Ext 3 • Fax (970) 351-0395 www.wgcd.org 514 ) il TO: Mr.Cross From: Tommy Meyer Exhibit Date. 05/04/11 RE: Blowing Dust Complaint Mr. Cross, This is to confirm that I have spoken with you about a complaint we have received concerning the likelihood of blowing dust leaving your property and impacting neighboring properties. Please see the enclosed findings and recommendations of West Greeley Conservation District. Sincerel WEST GREELEY CONSERVATION DISTRICT ONSERVATION 4302 W. 9'h St. Rd. Greeley, Colorado 80634-1398 (970) 356-8097 Ext 3 • Fax (970) 351-0395 www.wgcd.org Site Visit in regards to dust complaint made by Lynn Brownlee against Jim Cross. 5/03/11 I conducted a site visit at the above mentioned properties. Mr.Cross was more than happy to show me around,and give me a brief history of the situation. Mr. Cross stated that he complied with all the recommendations of the district and Mr.Brownlee,from the last site visit made by WGCD. I did not observe any dust blowing at the time of the visit,but did see evidence of soil movement in the past. Mr.Cross planted wheat and fenced the area in question off to keep the cattle off of this area. The wheat is sparsely populated due to a lack of moisture. What I observed is that the majority of the soil that is moving is being collected on the 60 foot right away between the two properties, owned by Mr. Cross. I also observed that the area where Mr.Cross is feeding his cattle,there is no sign of blowing due to the manure deposits. Mr.Cross stated that he had some mulch that he would be willing to spread along the right of way to help stop the movement. I advised against this practice as I felt that the mulch my blow and not stay in place. Some recommendations that myself and Mr. Cross spoke about were to stack some big bales of cornstalks along the south side of his property to act as a barrier. I then visited the Brownlee property and observed very minimal soil from the Cross property. The one thing that Mr.Brownlee pointed out was the dirt on the front of the vehicle that was parked. No guess on how long the vehicle had been parked there. Mr.Brownlee stated that his house was not getting any dust in it as the windows were tight,but his attic is full of dirt blowing thru the vent on the roof. As far as blowing dust complaints go,this is a minor infringement. There is evidence of vegetation trying to become established, slowly due to dry weather conditions. There is evidence of stubble and kochia, which should serve as a buffer,of some sorts,to stop the majority of blowing dust. The 60 ft.right of way does show evidence of dust collection,however it is the opinion of the WGCD that hauling manure into the area would increase the pest(fly mainly)in such a manner,the benefit would probably be lessened due to the nuisance factor. Mr.Cross has volunteered to stack corn straw bales along the fence line if it would improve neighborly good will. However,unless moisture occurs soon,there would be little evident benefit to such a move. In the spirit of good neighborly will, it is recommended that Mr. Cross stack a row of bales along the fence line and continue to monitor and practice the land conservation steps he is currently following. I 86 I - 2 0 I 1 WELD COUNTY ATTORNEY'S OFFICE P.O. BOX 758 GREELEY, CO 80632 WEBSITE: www.co.weld.co.us PHONE: (970) 336-7235 WE L 0 N T Y FAX: (970) 352-0242 I CERTIFIED AND REGULAR U.S. MAIL May 19,2011 Jimmie and Charlotte Cross 24891 Weld County Road 53 Exhibit Kersey, CO 80644 RE: Dust Blowing Complaint for Property Located in the NW 1/4 and NE1/4 Section 32,Township 5 North, Range 64 West of the 6th P.M., Weld County, Colorado, known by street and number as: 24891 WCR 53,Kersey, Colorado 80644 Mr. and Mrs. Cross: As you are aware from my letter of April 26,2011,this office,on behalf of the Board of County Commissioners of Weld County,Colorado was informed that dust is blowing from your property-the above described parcel. Contact was made with the West Greeley Conservation District office. The District Manager,Joyce Wallace sent an employee of that office to your property,and he conducted an examination of your property, and spoke with you concerning the steps which must be taken to stop the dust from blowing.A copy of that report was sent to you and to this office and is enclosed in this letter. Later, on May 16,2011, at the request of the Complainant,an employee of the Weld County Department of Health and Environment went to look at the Complainant's property and to look at your land from his property. The West Greeley Conservation District and the Weld County employee both made recommendations to correct the dustblowing problems. These are set forth in the attached documents.You must consider what steps to take to correct the problem immediately. If you have questions,you should address those to the West Greeley Conservation District at 970-356-8097 X 3. You will find enclosed copies of the relevant Colorado Statutes for your information with this letter. As you can see,under Colorado law, (C.R.S. § 35-72-102(b)),it is the duty of the owner or occupier of any land in the State of Colorado to prevent soil blowing from such land. Since soil has been blowing from your property,under the terms of C.R.S. §35-72-103(1),the Board of County Commissioners may order treatment of the parcel to accomplish these recommendations if it is deemed appropriate. Any such treatment will be at your expense. May 19. 2011 Page 2 The Board will hear the matter at its regularly scheduled meeting on June 1, 2011, at 9:00 a.m. The meeting will take place in the First Floor Meeting Room, Weld County Centennial Center Complex, 915 Tenth Street, Greeley, Colorado. You may be present at the meeting in order to give testimony relative to the dust blowing problem. If you have any questions concerning this matter,please contact this office at 356-4000, Extension 4394. Yours truly, 'ye{ StepkfanieL. Arries' Assistant Weld County Attorney Enclosures PC: L. Brownlee J. Wallace P. Brewer DEPARTMENT OF PUBLIC HEALTH AND ENVIRONMENT 1 8 6 1 - 2 0 1 1 1555 N. 17h Avenue Greeley, CO 80631 Publiclitalth Web:htto://weldhealth.orq Health Administration Public Health 8 Clinical Environmental Health Communication, Emergency Preparedness Vital Records Services Services Education 8 Planning 8 Response W E L 'I'' 0 U N T Y Tel.:970304.6410 Tele:970304.6420 Tele:970.304.6415 Tele:970.304.8470 Tel:970.304.6420 tl� Fax: 970.304.6412 Fax: 970.304.6416 Fax: 970.304.6411 Fax. 970.304.6452 Fez 970.304.6469 Our vleon:Together w*h the cnnmunibes we serve,we em working to make Wald County Me healthiest pace to kve,ream,wont end play May 18, 2011 To: Stephanie Arries,Weld County Attorney Re.: Report of observations of overgrazed land located north of and adjacent to 24715 WCR 53, and owned by Lynn Brownlee. 1. The property that is a source of soil erosion and blown dust/dirt that Mr. Lynn Brownlee is experiencing is not protected from wind erosion by plant growth or cover. Mr. Brownlee is primarily downwind from the property. Winds are generally from the N-NW. 2. The portion that is largely eroded is partly seeded ("drilled")with wheat(per Mr.Brownlee), There was some germinating wheat on a small fraction of the partly bare parcel toward the south end where it is near the Brownlee property. Wheat seed may have been lost on a large percentage of the parcel due to wind erosion. The wheat that has germinated appears to have been afforded some water from a"domestic"source,not from ditch irrigation water,rain or snow melt. 3. There are 25-30 head of cattle presently on the parcel. They were primarily around a feeder at the north end of the eroded parcel. The cattle appear to have free access to the entire eroded parcel. 4. The erosion is evident from pictures that Mr. Brownlee has taken and printed. The pictures show evidence of blown and eroded soil/manure on Mr. Brownlee's property. The evidence of is not subtle but was obvious to me upon examination. 5. Cattle access to this entire eroded parcel will probably not allow the sparsely distributed,freshly germinated wheat to survive and establish a firm ground cover that will protect the land from further erosion as late spring and summer arrive with higher temperatures and limited rain. 6. This parcel may benefit from a total respite from cattle grazing to allow it to develop a plant cover for protection from additional wind erosion. 7. Bordering Mr. Brownlee's property on the west is a grazed parcel (not owned by Brownlee)that appears to be excellently managed for plant cover and resistance to soil erosion. This parcel is in sharp contrast to the parcel to the north that is the source of wind-blown dust/dirt and suffering from wind erosion. J. Phillip Brewer Environmental Specialist 111 WCDPHE-EHS Exhibit H kS , . 1 ,,.• di., t sirAttit , / '.,, K. -Iiiiii-.::::----44-#.4. 1. .., ... _.... .......4 . . 44 \S,97 1 ,, IcIr . ,�.- -7 , ' OM . :G•r 1.0"//4 - . ,. Alilltat • • 414 • 1r; .r. yi_ __ La. b1 _ • -• 4,4,4.- <'.. • • ,,yam} - `Y J' _ a t ' F" ti I, • Dressed bank looking east I ' "4 l; + alit I _ ,t l7 4 'ri- /01 OLIFFta • 1 -• P! I: . a , • • t� .'•l It, ' • - _ - .S• ,.. } '�► 4. - 4 wi.. - l - -I RJR - :se_ . t•-•- . c• ali. _ -.......d . ;t: ..At AP.. . ...•t es. i'S. T.mitii.eak. 14). •' , Ca r / WAS ^ tL> y.•• .-• • . Y 014.p • ♦0 1 ••L ,,. •��,, ' l: .� ♦ ` .1S wrs • �- . s."_ rte -.�•.,•.a - ♦ '`• . l • , • o f :\ "•v ^•2 - *Car , �/y 11• ,Y • • a'4 . L• V( y 1 �,,� • - _ _ - - _ -t .t :Jf • / •._!. Cii • � , f 2 Iii ' . T • • ' +,.. ' 1..wa'.- Ill i. u •y t �, " � ; ,� ../41441 tip `' ,' , I. • i �." / t?!r :\ - .•- . J/ lam. ► - • Y • r c Beginning of installation ' , . , . - 7 , y • .at i }' MI% li MS r, a• tratri0 -A -: r} . taw 014 z ibi .. .. 0 it • ti, i .,/ S f Ohs ' iii Complainant's contained feeding area (currently no livestock) 1 • • • • i ' i. t ,L ...ail" r.,A. •t Ii l. .— Pity t. 2gr • `.s r _ - '-r,'- '.. ‘s:L. 'Ai. lk.\\ Rc., dry - ' ,I .. . ...--41.1, I . \It*. *It ":".": allir , I 4 r. .�l . - % 1, Nis' t •�". ! .if 47 c \ . \ ��} `y 7 - a• \%,-..,,,...: Ne:h , .... r..� 6 1,(4.. , Yard surrounding Complainant's contained feeding area ' • .1 „ i , ,\: . L .....•••••••••rne\\\\ OP i 1 \\ 1 1\ 1 �, :II\ yl \ \ • T:1‘. "x 1' ¶x fit ilk 4;*, 8:\.. ' \\\.\ \ ,t\\*A\ \ L. Cee."4"1‘11.2\A \ • -- \, lk • Completed installation ' • ' 4f'• ' r 7 • i t • } . . : �r . . -t \ •'larillit\1 k i .' rtil I• f 1f . . . - � . . A. i - -114.L.M. '',..4 4. • t% , • ' I et , i (6) ;wit, .. •re t ..: . ,t ailit .,.4..srt., r ' - r . ,• ` • ' ter . i '� • - i . .1 ' • . - "4 1 r p • m. \ f . 'i ♦ ► Wit• 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. M:\W PFILES\FORM\BLO W CITE.DB Hello