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Home My WebLink About20090799.tiffFINDINGS, ORDER, AND REQUEST OF THE BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO WHEREAS, the Board of County Commissioners of Weld County, Colorado, pursuant to Colorado statute and the Weld County Home Rule Charter, is vested with the authority of administering the affairs of Weld County, Colorado, and WHEREAS, the Board of County Commissioners of Weld County, Colorado, has been informed, in accordance with Section 35-72-101(1), C.R.S., that dust is blowing from the following described parcel of land: Lot B of Recorded Exemption #1109; being part of the SW1/4SE1/4 of Section 14, Township 3 North, Range 68 West of the 6th P.M., Weld County, Colorado, and WHEREAS, said parcel is owned by Martha Fischer, 7296 Dry Creek Road, Niwot, Colorado 80503; and leased by Pat Thorpe, 4519 County Road 32, Longmont, Colorado 80504, and WHEREAS, the Board has caused an inspection of the above described parcel of land, and pursuant to the information and the inspection referred to above, a hearing before the Board was held on the 6th day of April, 2009, and WHEREAS, Patricia Thorpe was notified of said hearing by first class mail on March 28, 2009, and WHEREAS, at said hearing on April 6, 2009, pursuant to Section 35-72-103(1), C.R.S., the Board made the following Findings of Fact: 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 more than one year, and the operation is negligent, and/or the operation has changed so that it now results in a public or private nuisance. 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, and (� c rA ` i- at:), LO, ('C)()p 2009-0799 EX0011 eqb//0y DUST BLOWING - THORPE AND FISCHER (SW1/4SE1/4, S14, T3N, R68) PAGE 2 WHEREAS, there are recommendations as to the appropriate remedial measures to be taken to prevent the blowing of soil from the property, those recommendations coming from the Natural Resources Conservation Service in Longmont, written by Boyd Byelich, attached hereto, and incorporated herein by reference as Exhibit A. IT IS HEREBY ORDERED by the Board of County Commissioners of Weld County, Colorado, that the property owner, Martha Fischer, and the property tenant, Pat Thorpe, shall take the following remedial measures: 1. Re -seed all applicable areas 2. Work in conjunction with representatives of the NRCS or Colorado State University (CSU) Extension Program, to determine the best treatment of the soil IT IS FURTHER REQUESTED by the Board that the Owner and/or Tenant construct a fence, as recommended by the NRCS, in a letterdated March 26, 2009, to help prevent the blowing of soil on the site. The above and foregoing Findings and Order was, on motion duly made and seconded, adopted by the following vote on the 6th day of April, A.D., 2009. ATTEST: a Weld County Clerk to the BY. De l" ty Cleiireto the Board APPROVED AST ' ounty ttorney Date of signature 4Il4 I BOARD OF COU,TY COMMISSIONERS WELD COAINTLORADO Iliam F. Garcia, Chair Dougla Rademac er, Pro-Tem 2 _ Seam P. Conway -Barbara Kirkmeyer David E. Long 2009-0799 EX0011 EXHIBIT United States Department of Agriculture 4NRCS Natural Resources Conservation Service 9595 Nelson Rd., Suite D Longmont, CO 80501 1 A 303 -776 -4034 -OFFICE 303 -684 -9893 -FAX www. co. n res . u s d a. g ov Boyd.byelich@co.usda.gov Thursday, March 26, 2009 Stephanie Arries 915 10th Street Greeley, CO 80631 Dear Stephanie, In response to your request for details on methods for controlling soil loss due to wind erosion on the Fischer property, there are a number of practices that can be utilized. Immediate measures that could be implemented include: - installing snow fences along existing pasture fences perpendicular to the prevailing wind direction and installing additional snow fences at 50' intervals within each pasture - installing silt fences along pasture boundaries and across the pastures at 20' intervals - spreading manure or other heavy organic material across the soil surface - ripping or chiseling the soil to create surface roughness with one pass every 20' Long-term solutions will take more time to implement but have longer lasting benefits for keeping soil in place. These include the establishment of permanent vegetation in each pasture (right now there appears to be little or no vegetation), then stocking the pastures at a rate that the vegetation can sustain, and allowing adequate rest periods to allow for regrowth before grazing them again. It will require removal of all grazing animals to allow for the vegetation to become established. One option would be to confine the grazing animals to a small corral and feed them hay while the adjacent areas are allowed to establish strong root systems. Careful, well planned grazing should maintain the vegetation once it has become established. The USDA-NRCS can work with the landowner or manager to develop a specific pasture mixture for meeting their objectives. We can also provide grazing, nutrient, pest, and irrigation water management assistance. Sincerely, Boyd Byelich The Natural Resource Conservation Service works in partnership with the American People to conserve and sustain natural resources on private lands. An Equal Opportunity Provider and Employer. 2009-0799 District Conservationist Cc: Trevor Jiricek Page 1 of 1 Stephanie Arries To: Byelich, Boyd - Longmont, CO Subject: FW: Cover Letter Attachments: Hrg Let to Fischer&Thorpe 3-25-09.doc Boyd: I wanted to be certain that you had the meeting information: the following information was taken from the letters I sent to the complainants and the owner and lessee of the property which is the subject of this proceeding. The Board will hear the matter at its regularly scheduled meeting on April 6, 2009, 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. If you have any additional comments or questions about getting to the meeting location, please call me or email me. Thanks again for your assistance. Stephanie Stephanie L. Arries Assistant Weld County Attorney 915 Tenth Street P.O. Box 758 Greeley, Colorado 80632 Tel: 970-356-4000 Fax: 970-352-0242 Email: sarries@co.weld.co.us STATEMENT OF CONFIDENTIALITY & DISCLAIMER: The information contained in this email message is attorney privileged and confidential, intended only for the use of the individual or entity named above. If the reader of this message is not the intended recipient, you are hereby notified that any dissemination, distribution or copy of this email is strictly prohibited. If you have received this email in error, please notify us immediately by replying and delete the message. Thank you. From: Stephanie Arries Sent: Wednesday, March 25, 2009 11:44 AM To: 'boyd.byelich@co.usda.gov' Subject: Cover Letter Boyd -Thought it might be helpful for you to see the cover letter I would be using to accompany your recommendations. 4/2/2009 Page 1 of 1 Stephanie Arries To: Byelich, Boyd - Longmont, CO Subject: Thorpe farm - dust complaint Boyd I just spoke with Pat Thorpe (a lady) explaining her situation. She is the tenant on the farm which you and Mr. Brewer from our Health Department apparently visited on March 19. She is most anxious to meet with you on her property. She can be reached at 970-805-7201 and at her email address: mpt91_4@mesanetworks,net. It would be very helpful to the Board if you are able to review her situation directly with her prior to the meeting on April 6, 2009 at 9:00 a.m. Thank you again for your assistance in this matter! Stephanie Stephanie L. Arries Assistant Weld County Attorney 915 Tenth Street P.O. Box 758 Greeley, Colorado 80632 Tel: 970-356-4000 Fax: 970-352-0242 Email: sarries@co.weld.co.us STATEMENT OF CONFIDENTIALITY & DISCLAIMER: The information contained in this email message is attorney privileged and confidential, intended only for the use of the individual or entity named above. If the reader of this message is not the intended recipient, you are hereby notified that any dissemination, distribution or copy of this email is strictly prohibited. If you have received this email in error, please notify us immediately by replying and delete the message. Thank you. 3/30/2009 WI�DcCOLORADO Martha E. Fischer 7296 Dry Creek Road Niwot, Colorado 80503 WELD COUNTY ATTORNEY'S OFFICE 915 TENTH STREET P.O. BOX 758 GREELEY, CO 80632 WEBSITE: www.co.weld.co.us PHONE: (970) 336-7235 FAX: (970) 352-0242 Via Certified and Regular Mail March 26, 2009 Pat Thorpe 4519 WCR 32 Longmont, Colorado 80504 RE: Blowing from Lot "B" of Recorded Exemption No. 1207-14-4-RE1109, as per the map recorded October 24, 1988 in Book 1213 at Reception No 2159485, being a portion of the Southwest Quarter of the Southeast Quarter of Section 14, Township 3 North, Range 68 West of the 6th P.M., County of Weld, Colorado. Dear Ms. Fischer and Mr. Thorpe: The Board of County Commissioners of Weld County, Colorado has been informed that dust is blowing from your property - the above described parcel. Contact was made with the National Resource Conservation Service in Longmont. The agent, Mr. Boyd Byelich, went to your property on Thursday, March 19, 2009, and conducted an examination of your property. The agent made the recommendations set forth in the attached document to correct the dustblowing problems. The steps outlined must be taken by you immediately. If you have questions of Mr. Byelich, you may reach him at (303) 776-4034. Please note that 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. Any such treatment will be at your expense. The Board will hear the matter at its regularlyscheduled meeting on April 6, 2009, 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. March 26, 2009 Page 2 If you have any questions concerning this matter, please contact this office at 356-4000, Extension 4394. Yours ,'ruly, tephasie A "es Assistant Weld County Attorney pc: Longmont Office NRCS Carlson ■ Complete items 1, 2, and 3. Also complete item 4 if Restricted Delivery is desired. • Print your name and address on the reverse so that we can return the card to you. • Attach this card to the back of the mailpiece, or on the front if space permits. 1. Article Addressed to: Martha E. Fischer 7296 Dry Creek Road Niwot, CO 80503 ❑ Agent ❑ Addressee C. Date of Delivery D. Is delivery address different from Rem 1? O///Yes If YES, enter delivery address below: W No 3. Se ice Type Certified Mail Registered O Insured Mail ❑ ERpress Mail etum Receipt for Merchandise O.D. 4. Restricted Delivery? (Extra Fee) O Yes 2. Article Number 7005 1160 0001 4538 4883 (Transfer from service label) PS Form 3811, February 2004 Domestic Return Receipt 102595-02-M-1540 UNITED STATES POSTAL SERVICE First -Class Mail Postage & Fees Paid USPS Permit No. G-10 • Sender: Pease print your name, address, and ZIP+4 in this box • Weld County Attorneys Office P_0, Box 758 80632 Greeley, CO March 26, 2009 WELD COUNTY ATTORNEY'S OFFICE 915 TENTH STREET P.O. BOX 758 GREELEY, CO 80632 WEBSITE: www.co.weld.co.us PHONE: (970) 336-7235 FAX: (970) 352-0242 Allan and Shelly Carlson 4531 WCR 32 Longmont, Colorado 80504 RE: Blowing from Lot "B" of Recorded Exemption No. 1207-14-4-RE1109, as per the map recorded October 24, 1988 in Book 1213 at Reception No 2159485, being a portion of the Southwest Quarter of the Southeast Quarter of Section 14, Township 3 North, Range 68 West of the 6'" P.M., County of Weld, Colorado. Dear Mr. and Mrs. Carlson: Please find enclosed a copy of the formal report prepared by Boyd Byelich, the field office representative of the Longmont NRCS office. The report will be given to the Board of County Commissioners, and is being sent to the property owner and tenant today with a letter from me concerning this matter. The Board of County Commissioners of Weld County will hear the matter at its regularly scheduled meeting on April 6, 2009, 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 prior to the Commissioners' hearing, you may call me at 970-356- 4000, extension 4394. Yours uly, e L. £ riles Assistant Weld County Attorney Enclosures m IdO m IS) 7005 1160 0001 U.S. Postal ServiceTM CERTIFIED MAIL, RECEIPT (Domestic Mail Only; No Insurance Coverage Provided) Postage Certified Fee Return Receipt Fee (Endorsement Required) Restricted Delivery Fee (Endorsement Required) Total Postage & Fees Sent To Martha E. Fischer Street, Apt No.; or PO Box No. 7296 Dry Creek Road Postmark Here City, State, Z!P+4 Niwot, CO 80503 PS Form 3800. June 2002 See Reverse tar Instructions U.S. Postal Servicem, CERTIFIED MAIL,., RECEIPT (Domestic Mail Only; No Insurance Coverage Provided) Postage Certified Fee Return Receipt Fee (Endorsement Required) Restricted Delivery Fee (Endorsement Required) Total Postage & Fees Sent To Pat Thorpe or PO Apt.No.� 4519 WCR 32 Postmark Here city, state. ZIP+d Longmont, CO 80504 PS Form 3800, June 2002 See Reverse for Instructions • Complete items 1, 2, and 3. Also complete item 4 if Restricted Delivery is desired. • Print your name and address on the reverse so that we can return the card to you. • Attach this card to the back of the mailpiece, or on the front if space permits. 1. Article Addressed to: Pat Thorpe' 4519 WCR 3T' Longmattt,T!CO 80504 A. Si ture 4(%1 B. Received by (Printed ame) ❑ Agent ❑ Addressee C. Date of*ew very D. Is delivery address different from Item 1? ❑ If YES, enter delivery address below: jarNo 3. Service Type ❑ Certified Mail ❑ Registered ❑ Insured Mall 4. Restricted Delivery? (Extra Fee) ❑ Express Mail O Return Receipt for Merchandise ❑ C.O.D. O Yes 2. Article Number ' (Transfer from -service label) PS Form 3811, February 2004 Domestic Return Receipt 102595-02-M-1540 Hello