HomeMy WebLinkAbout20090666.tiffRESOLUTION
RE: ACTION OF THE BOARD CONCERNING DUST BLOWING COMPLAINT - ARGY
GEORGIOU
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:
N1/2 of the NW 1/4 of Section 29, Township 7 North,
Range 63 West of the 6th P.M., Weld County,
Colorado, and
WHEREAS, said parcel is owned by Argy Georgiou, 31802 County Road 78, Galeton,
Colorado 80622, 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 18th day of March, 2009, and
WHEREAS, Argy Georgiou was notified of said hearing by first class mail on March 9, 2009,
and was present at said hearing on March 18, 2009, and
WHEREAS, the Board of County Commissioners heard all of the testimony and statements
of those present, studied the recommendations of the West Greeley Conservation District, and the
County Attorney's Office, and all of the exhibits and evidence presented in this matter and, having
been fully informed, ordered that the dust blowing complaint be dismissed.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld
County, Colorado, that the dust blowing complaint against Argy Georgiou for the above described
parcel of land, be, and hereby is, dismissed.
; SC1) L'&! (10477/04
2009-0666
EX0011
dy/vw/o1
DUST BLOWING - GEORGIOU (N1/2 NW1/4, S29, T7N, R63)
PAGE 2
The above and foregoing Findings and Order was, on motion duly made and seconded,
adopted by the following vote on the 18th day of March, A.D., 2009.
ATTEST:
Weld County Clerk to th
BY:
Deputy Clerk
Date of signature -
o the Board
BOARD OF COUNTY COMMISSIONERS
W ELI3JCOUNYfi'COLORADO
William F. Garcia, Chair
EXCUSED
Douglas Rademacher, Pro-Tem
c
Sean P. Conway
arbara
bara Kirkmeyer
IA
David E. Long
2009-0666
EX0011
•
Date March 7, 2009
Land Management Plan
Name Argy Georgiou
Address 31802 WCR 78 Galeton, CO 80622
EXHIBIT
I A
Legal Description: _ N1/2 NW 1'/4 Section 29, Township 7 North, Range 63 West of the 6th
P.M., County of Weld, State of Colorado
1. Brief description of the land. Past history and current use: The West Greeley
Conservation District was contact February 27, 2009 by Elida Ramirez regarding the
above described property. She reported that the property was over grazed and all the
animals were fed were onions. There was blowing dirt on the property and the fence line
was piled with dirt. She was contacted the afternoon of February 27 and was informed
that someone would be out to inspect the property on Wednesday March 4, 2009. On
Monday March 2, 2009 the WGCD was contacted by Stephanie Arries of the Weld
County Attorney's office regarding a complaint she had taken by the Ramirez's regarding
the same property. Ms. Arries was informed about the plan for the District to visit the
property on Wednesday.
Ms. Arries faxed over paperwork that she had mailed to the Georgiou residence on
Tuesday regarding the complaint. She also faxed a quit claim deed which indicates that
the property was quit claimed to Argy Georgiou by Sebastian Lan -aide on January 27,
2005.
Joyce Wallace, WGCD District Manager visited the property of Ms. Georgiou on
Wednesday March 4, 2009. When Wallace arrived she met Ms. Georgiou who indicated
she had just received the letter from the County Attorney's office that morning and that I
had permission to inspect the property. Ms. Georgiou was present when I inspected the
property.
After the inspection I went to the Ramirez property buy found it difficult to convey my
findings due to limited English speaking ability of Mr. and Mrs. Ramirez. I did
understand they wanted to pursue legal action against Ms. Georgiou. I tried to explain
that it was not our job to help them with those endeavors, instead to help rectify the
problem but to no avail. They indicated Elida, their daughter, was in school that day and
was not available for interpretation assistance. I told them I would try to get an
interpreter. I contact Ms. Arries and indicated a need for an interpreter and that we were
willing to meet with all parties involved to ensure the situation did not escalate into
something which would cause harm to the relationship between the parties. Ms. Arries
West Greeley Conservation District Page 1 of 3
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2009-0666
indicated she would see what she could do.
2. Future plans for the land:
Ms. Georgiou has indicated a need for the property as a home for her sheep. She had an
undetermined number of sheep on the property, all located within the south and center
lots of the property. There is a third lot located at the north edge of the property which is
what Ms. Georgiou felt was of concern to the Ramirez which did not have sheep in it
upon my visit. It was also noted that the fencing along the edge of the north lot is in need
of repair which is probably why the sheep are not in the lot. All three lots share a
common fence with the Ramirez property. Ms. Georgiou indicated she just is trying to
make a living with the property.
3. Current Conditions:
Currently the north lot of the property has a modest weed cover which is helping keep the
Soil erosion by wind damage to a lessened degree. Ms. Georgiou felt the Ramirez's were
upset about the silt accumulation along the fence line of this lot. She stated she would
remove accumulation immediately. The silt has accumulated to a level of approximately
8 inches in this location, helped by the vegetation on the Ramirez side of the fence
providing good support. I indicated to Ms. Georgiou that it is not recommended she
remove the accumulation at this time because that created soil line is actually acting as a
catch for some of the blowing dust coming off her lots.
I further indicated to Ms. Georgiou that the actual big problem she faced was not with the
north lot, but was in fact with the center and south lots of the property. There is no
vegetation at all on any of these two lots, and sheep currently graze on these lots.
4. Management Plan:
1. Ms. Georgiou needs to immediately destock the property. Livestock cause a breakdown
of soil structures, as well as inhibit the growth of vegetation on the property.
2. It is recommended that the soil be ripped as deep as it can be due to the hard, compacted
nature of the soil, in an east/west manner, the entire length of the lots, at approximately
20 ft. intervals. This will put five or six good rips in each lot. It is hoped that snow or
rain will necessitate this procedure be repeated in order to maintain a good catch system
for blowing soil.
3. Next fall we can talk with Ms. Georgiou about assisting her in reseeding this property as
well as develop a management plan for grazing. Ms. Georgiou might consider planting a
dry land cover crop on the property as well, should we get sufficient moisture to help it
get established. The cover crop will not be used for harvesting purposes, instead
providing a good stubble base for planting grass seed in the fall. If this route is taken a
good, comprehensive weed management plan needs to be carried out as well. She can
contact our office for information on our consultation, cost share and reseeding
assistance.
4. As a temporary fix, Ms. Georgiou can also erect a silt fence between the two properties
which will help alleviate the dust collection on the Ramirez property. These fences can
be purchased at many sites along the Front Range and are used in construction zones.
West Greeley Conservation District Page 2 of 3
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5. Ms. Georgiou needs to monitor the silt accumulation currently along the fence line of the
property to ensure the fence maintains its integrity, and conduct periodic repairs to the
fence as needed.
6. The Ramirez's indicated they wanted Ms. Georgiou to stop feeding onions as the skins
blew on their property. It is not part of our recommendations as blowing onion skins are
not hazardous materials, instead are considered organic matter and are a nuisance not a
problem.
5. Implementation Schedule:
1. It is recommended that items 1, 2 and 5 be implemented immediately.
2. If Ms. Georgiou wishes our assistance on item 3, she can make an appointment with our
office to develop a reseeding plan. This step should occur soon if a cover crop is
considered.
6. Monitoring and anticipated length of implementation:
1. The District will visit the property periodically to check on the progress of the
implementation steps.
2. The District is offering assistance to Ms. Georgiou in replanting and reestablishing her
property into a managed grazing system.
3. It is felt that this is a long term problem which cannot be fixed over night and will take a
few years to reestablish the health of the property.
7. Optional Signatures:
Landowner Date:
Landowner Legal Council Date: _
West Greeley Conservation District Date:
NRCS Date:
West Greeley Conservation District Page 3 of 3
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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:\WPFILES\FORM\BLO WCITE.DB
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 Overnight Mail March 10 2009 and
Regular Mail March 9, 2009
Argy P. Georgiou
31802 County Road 78
Galeton, Colorado 80622
RE: Dust Blowing Complaint: N 1/2 NW 1/4 of Section 29, Township 7 North, Range
63 West of the 6`h P.M., County of Weld, State of Colorado
Dear Ms. Georgiou:
As you are aware from my letter of March 3, 2009, 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. The agent, Ms. Joyce
Wallace, went to your property on Wednesday, March 3, 2009, and conducted her
examination of your property from the road.
The agent made the recommendations set forth in the attached document to correct
he dustblowing problems.
The steps outlined must be taken by you immediately. If you have questions of Ms.
Wallace, you may reach her at (970) 356-8097.
As noted in the previous letter, 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 regularly scheduled meeting on March 18, 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 9, 2009 and
March 10, 2009
Page 2
If you have any questions concerning this matter, please contact this office at 356-4000,
Extension 4394.
Assistant Weld County Attorney
pc: Ramirez
West Greeley Conservation District
Enclosure: Wallace Recommendation
ce
Argy P. Georgiou
31802 County Road 78
Galeton, Colorado 80622
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 Mail and Regular Mail
March 9, 2009
RE: Dust Blowing Complaint: N 1/2 NW 1/4 of Section 29, Township 7 North, Range
63 West of the 6th P.M., County of Weld, State of Colorado
Dear Ms. Georgiou:
As you are aware from my letter of March 3, 2009, 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. The agent, Ms. Joyce
Wallace, went to your property on Wednesday, March 3, 2009, and conducted her
examination of your property from the road.
The agent made the recommendations set forth in the attached document to correct
he dustblowing problems.
The steps outlined must be taken by you immediately. If you have questions of Ms.
Wallace, you may reach her at (970) 356-8097.
As noted in the previous letter, 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 regularly scheduled meeting on March 18, 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 9, 2009
Page 2
If you have any questions concerning this matter, please contact this office at 356-4000,
Extension 4394.
Yours/Truly,
tepnue 1E�,rries
Assistant Weld County Attorney
pc: Ramirez
West Greeley Conservation District
Aa°4
Elk
COLORADO
Argy P. Georgiou
31802 County Road 78
Galeton, Colorado 80622
March 3, 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
RE: Dust Blowing Complaint: N 1/2 NW 1/4 of Section 29, Township 7 North, Range
63 West of the 6th P.M., County of Weld, State of Colorado
Dear Mr. Georgiou:
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 Juan and Carmen Ramirez, who are
located on neighboring property described as: Part of the NE '/4 of Sec. 29, Township 7
North, Range 64 West of the 6th P.M., Weld County, Colorado. On February 27, 2009
The Ramirez came to this office to report the blowing dust, and on March 2, 2009, they
returned to the office with photographs of the damage done to their 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 Natural Resources Conservation Service - Greeley Field Office - has been contacted
to inspect the property, to inform the Board of the results of the inspection, and to provide
any recommendations he may have for remedial measures to be performed on the above -
described property. 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.
If you have any questions concerning this matter, please contact this office at 356-4000,
Extension 4394.
Yoursruly,
e
Assistant Weld County Attorney
Pc: J. Ramirez
March 9, 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
Juan Ramirez and Maria Del Carmen
31904 WCR 78
Galeton, Colorado 80622
RE: Dust Blowing Complaint for Property Located at: N 1/2 NW 1/4 of Section 29,
Township 7 North, Range 63 West of the 6th P.M., Weld County, Colorado,
known by street and number as: 31802 CR 78, Galeton, Colorado 80622
Dear Mr. Ramirez and Ms. Del Carmen:
Please find enclosed copies of correspondence which was sent to Ms. Georgiou. You will note
that the matter has been set before the Board of County Commissioners. The Board will hear the
matter at its regularly scheduled meeting on March 18, 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.
I want to remind you that Ms. Wallace had asked if the County had an interpreter who could
assist her in her communications with you. As I told you in my previous letter, although the
County does not have an interpreter for these matters, Bruce Barker, the County Attorney with
whom you met previously informed me that your daughter had volunteered to act as an interpreter
for you. Therefore, I would again like to ask that you and your daughter contact this office at 356-
4000, extension 4394, to set a time to meet with me and Ms. Wallace to discuss the status of the
case, and answer any questions you may have.
I look forward to hearing from you in the near future.
Yours
eph es
Assistant Weld County Attorney
terrh.
111k
COLORADO
March 4, 2009
Juan Ramirez and Maria Del Carmen
31904 WCR 78
Galeton, Colorado 80622
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
RE: Dust Blowing Complaint for Property Located at: N 1/2 NW 1/4 of Section 29,
Township 7 North, Range 63 West of the 6th P.M., Weld County, Colorado,
known by street and number as: 31802 CR 78, Galeton, Colorado 80622
Dear Mr. Ramirez and Ms. Del Carmen:
Please find enclosed copies of correspondence which was sent to the address I had for you from
the previous case. Ms. Wallace from the Greeley Conservation District called to provide me with
the above address, and to tell me about her meeting with you and with Ms. Georgiou.
Ms. Wallace asked if the County had an interpreter who could assist her in her communications
with you. I informed her that we do not. However, Bruce Barker, the County Attorney with whom
you met last week informed me that your daughter had volunteered to act as an interpreter for
you. Therefore, I would like to ask that you and your daughter contact this office at 356-4000,
extension 4394, to set a time to meet with me and Ms. Wallace to discuss the status of the case,
and answer any questions you may have.
I look forward to hearing from you in the near future.
1
Yoursttruly,
teeppha1 fie f{Arries
Assistant Weld County Attorney
At*.
COLORADO
March 3, 2009
Juan Ramirez and Maria Del Carmen
1020 37th Street
Evans, CO 80620
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
RE: Dust Blowing Complaint for Property Located at: N 1/2 NW 1/4 of Section 29,
Township 7 North, Range 63 West of the 6th P.M., Weld County, Colorado,
known by street and number as: 31802 CR 78, Galeton, Colorado 80622
Dear Mr. Ramirez and Ms. Del Carmen:
This letter is written in response to your complaint of dust blowing from the above described
parcel of property owned by Argy P. Georgiou, and to inform you of the action taken by this
office.
I have contacted the Natural Resources Conservation Service — Greeley Field Office, and have
asked them to contact the property owner, Argy P. Georgiou. That office will discuss the matter
with the property owner and will ask him to take immediate steps to correct the dust blowing
problem. If the owner does as he is asked in a timely manner, the matter will be closed. If he fails
to take appropriate action, the Greeley Field Office will contact this office again, and the matter
will be set for a hearing before the Board of Commissioners of Weld County.
In addition to the action taken by this office, you have a right to pursue an action for damages
against the property owner for monetary damages for any injury to your property.
If you have any questions, please contact this office at (970) 356-4000, Extension 4394.
You$ truly,
A
Assiltant Weld County Attorney
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