HomeMy WebLinkAbout20090762.tiffFINDINGS, ORDER, AND CITATION 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 #3629; being part of
the SW1/4 SE1/4 of Section 27, Township 1 North,
Range 65 West of the 6th P.M., Weld County,
Colorado, and
WHEREAS, said parcel is owned by Luis Nunez and Rogelio Nunez, 21649 County Road 4,
Hudson, Colorado 80642, 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 30th day of March, 2009, and
WHEREAS, Luis and Rogelio Nunez were notified of said hearing by first class mail on
March 20, 2009, and Luis Nunez and Rogelio Nunez were not present at said hearing on
March 30, 2009, therefore the matter was continued to April 1, 2009, and
WHEREAS, at said hearing on April 1, 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
2009-0762
EX0011
1,..)) )'1 11
O5/64/61
DUST BLOWING - NUNEZ (SW1/4SE1/4 S27, T1N, R65)
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
Brighton Field Office, written by Karen Mandujano, 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 owners, Luis Nunez and Rogelio Nunez, shall take the following
remedial measures:
1. Plant seeds in the field to produce a cover crop.
IT IS FURTHER ORDERED by the Board that the Owners shall begin these remedial
measures as soon as possible and shall complete the process on, or before, April 30, 2009.
IT IS RECOMMENDED by the Board that the Owners take the following remedial
measures:
1. Install a silt fabric fence along the fenceline.
2. Work with representatives of the Colorado State University (CSU) Extension Office
or Agland to determine which crops will successfully grow on the property.
3. Remove all animals from the field and not permit them to graze in the field until
there is sufficient regrowth.
The above and foregoing Findings and Order was, on motion duly made and seconded,
adopted by the following vote on the 1st day of April, A.D., 2009.
BOARD OF COUNTY COMMISSIONERS
WELD COUF Y,'COLORADO
11/2-/ (7
ATTEST:
Weld County Clerk to the
BY 472 �Zll
Deputy Clerk'to the Board EXCUSED
illiam F. Garcia, Chair
APPROyD AS TO-2RM:
j County Attorney
Date of signature' fo,/
Dougla Rademacher, Pro-Tem
Sean P. Conway
Ba�bara�yer
N
David E. Long
2009-0762
EX0011
44tivr
WF�YG
March 23, 2009
Luis Nunez and Rogelio Nunez
21649 County Road 4
Hudson, CO 80642
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 on Lot B, Recorded Exemption 1473 -27 -RE -3629,
being in the Southwest'/ of the Southeast'/ of Section 27, Township 1 North, Range 65 West of
the 6th P.M., Weld County, Colorado, known by street and number as: 21649 WCR 4, Hudson,
Colorado 80642
Gentlemen:
Please find enclosed a copy of the formal report prepared by Karen Mandujano, the field office
representative of the NRCS office in Adams County. I had previously mailed you her informal reports on
March 20, 2009.
As I told you in the previous letter, the agent's recommendations to correct the dustblowing
problems are set forth in the attached document. These steps must be taken by you immediately. If
you have questions of Ms. Mandujano, you may reach her at 303-659-7004.
As mentioned in the previous letter, the Board will hear the matter at its regularly scheduled meeting on
March 30, 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.
Please Note: An interpreter will be present for you assistance
If you have any questions concerning this matter, please contact this office at 356-4000, Extension 4394.
You /Truly,
ante
Assistant Weld County Attorney
Enclosure
2009-0762
March 23, 2009
Michael A and Karen J. Grillos
21512 County Road 4
Hudson, Colorado 80642
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 on Lot B, Recorded Exemption
1473 -27 -RE -3629, being in the Southwest'/ of the Southeast'/ of Section 27,
Township 1 North, Range 65 West of the 6th P.M., Weld County, Colorado,
known by street and number as: 21649 WCR 4, Hudson, Colorado 80642
Dear Mr. and Mrs. Grillos:
Please find enclosed a copy of the formal report prepared by Karen Mandujano, the filed office
representative of the Adams County NRCS office. This report will be given to the Board of
County Commissioners, and is being sent to the Nunez family today.
As I told you in the previous letter, the Board will hear the matter at its regularly scheduled
meeting on March 30, 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. We will
have an interpreter available for the Nunez family.
If you have any questions prior to the Commissioners' hearing, you may call me at 970-356-
4000, extension 4394.
Yours
Assistant Weld County Attorney
Enclosure
Untied States Department of Agriculture
4NRCS
Natural Resources Conservation Service
Brighton Feld Office
57 West Bromley Lane
Brighton, CO 80601
303-659-4177-Ext. 3
303 -659 -1768 -Fax
www.co.usda.gov
March 20, 2009
The following are recommendations/options in regards to a request from Stephanie Arries,
Assistant Weld County Attorney. The request was for methods that could be utilized to control
soil blowing on land owned by Luis and Rogelio Nunez located in the SW 14, SE '/4 Sec 27, TIN
R65 W. These recommendations/options are non inclusive and may not represent all the options
available.
After conducting two separate site visits (March 18 and 20, 2009), I have concluded that there is
an issue with the soil blowing but I only see evidence of up to 8" of soil deposits near the
property fence line. There was evidence that the previous recommendations were being
implemented but due to the severe drought conditions there is no quick fix for this issue.
The soils in the field are approximately 80 to 85 percent fine sandy loam with the remaining area
being loamy sand. These soils are considered highly erodible and are subjected to erosion by
wind.
Temporary Options:
1. Spread 30 to 40 tons per acre of weed free feedlot manure containing 50 to 60 percent
manure chunks six inches or larger over the entire field. Leave the manure
unincorporated on the soil surface.
2. Use the Silt fabric fencing to help control soil erosion. Place the fencing along the
southwest and the west of the property line.
For both of these options it is recommended that livestock be removed from the field and kept
off until such time the field is no longer in a condition to be susceptible to wind erosion.
The livestock can be contained in the south area behind the barn. Keep the chicken in the coop
after seeding to prevent them from scratching up the seed.
Long Term Options:
1. Remove all livestock from the field and as soon as possible, plant a cover crop such as
a sterile forage sorghum, or sudangrass at the rate of 8 to 10 pounds per acre into a weed
free seed bed. If needed, replanting can be done until July 15`s. I also recommend
applying fertilizer to this field. A soil test should be taken and fertilizer applied
accordance to test recommendations. In lieu of a soil test, 20 to 30 pounds per acres
each, of nitrogen and phosphate can be applied to help insure adequate growth of
sorghum/sudangrass. This crop should not be grazed but allowed to grow undisturbed to
maturity. Assuming crop growth us adequate to protect against soil erosion, providing at
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least 2000 pounds crop residue per acre, an adapted mix of native grasses can be drilled
directly into the standing sorghum/sudangrass. If enough growth occurs during the
summer, this cover could be harvested for hay or grazed over winter. If haying or
grazing occurs, enough crop residue should be left on the soil surface to control soil
blowing the following spring. Drilling would occur from November 15, 2008 through
April 30, 2009. Livestock should be kept off of the field until grasses are adequately
established; this is usually from 3 to 4 years for a native grass mixture. If this option is
chosen, NRCS is available to provide advice for a grazeable grass mixture suited to the
eligibility criteria are met, that cost share assistance maybe available to help defer costs
of purchasing and drilling the grass seed. Also, you can drill a dryland pasture and hay
mix into the standing cover crop. The assistance would be through the Environmental
Quality Incentives Program (EQIP). Contact any NRCS Field Office if interested in
conservation programs.
Upon their request, I am willing to continue discussing this and provide assistance, to Luis and
Rogelio Nunez.
Karen Mandujano
Acting District Conservationist
T�+
COLORADO
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
CERTIFIED AND REGULAR U.S. MAIL
March 20, 2009
Luis Nunez and Rogelio Nunez
21649 County Road 4
Hudson, CO 80642
RE: Dust Blowing Complaint for Property Located on Lot B, Recorded Exemption 1473 -27 -RE -3629,
being in the Southwest 'A of the Southeast ''A of Section 27, Township 1 North, Range 65 West of
the 6th P.M., Weld County, Colorado, known by street and number as: 21649 WCR 4, Hudson,
Colorado 80642
Gentlemen:
As you are aware from my letter of March 9, 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 Adams County field office of the NRCS. The agent, Ms. Karen Mandujano
Wallace, went to your property on Wednesday, March 18, 2009, conducted her examination of your
property, and spoke with you concerning the steps which must be taken to stop the dust from blowing
The agent's recommendations to correct the dustblowing problems are set forth in the attached
document. These steps must be taken by you immediately. If you have questions of Ms.
Mandujano, you may reach her at 303-659-7004.
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 30, 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.
Please Note: An interpreter will be present for you assistance
March 20, 2009
Page 2
If you have any questions concerning this matter, please contact this office at 356-4000, Extension 4394.
Yours Tr}ily,
Enclosure
Assistant Weld County Attorney
Aa:zr
COLORADO
March 20, 2009
Michael A and Karen J. Grillos
21512 County Road 4
Hudson, Colorado 80642
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 on Lot B, Recorded Exemption
1473 -27 -RE -3629, being in the Southwest Y. of the Southeast 'A of Section 27,
Township 1 North, Range 65 West of the 6th P.M., Weld County, Colorado,
known by street and number as: 21649 WCR 4, Hudson, Colorado 80642
Dear Mr. and Mrs. Grillos:
Please find enclosed copies of correspondence which was sent to Mr. Nunez. 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 30, 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. We will have an interpreter available for the Nunez family.
The Nunez' have met with Karen Mandujano of the Adams County field office of the NRCS, and
a copy of her report is enclosed for your information. It will also be provided to the Board of
County Commissioners of Weld County.
Ms. Mandujano has informed me that she intends to visit the property again today to provide the
Nunez family with additional information concerning the steps they are being asked to take. In
addition, she did inform me that they had chiseled the soil and used manure, but had not
understood that the manure needed to be very wet. They have been instructed to use very wet
manure.
If you have any questions prior to the Commissioners' hearing, you may call me at 970-356-
4000, extension 4394.
Yours
y,
ph .+ to . Ares
Assistant Weld County Attorney
Enclosure
Page 1 of 2
Stephanie Arries
From: Mandujano, Karen - Brighton, CO [karen.mandujano@co.usda.gov]
Sent: Friday, March 20, 2009 2:09 PM
To: Stephanie Arries
Subject: Dust Blowing Complaint
Stephanie,
Here is both reports.
On Wednesday, March 18th, I made a site visit to Luis and Rogelio Nunez. I was accompanied
by a translator due to the language barrier. I met with Rogelio and Rogelio Jr about the dust
blowing complaint. During the tour of the field, I notice there were ridges in the soil from a
chiseling practice. Mr. Nunez is implementing practices to reduce or eliminate the amount of
soil blowing onto Mr. Grillos's property. As a result of the complaint statements made by Mr.
Grillos, I was prompted to look for evidence of a foot of soil blowing onto the property. As far
as I can tell there is evidence near the fence line that proves there is at least 6-8 inches have
been deposited. The Nunez's have tried to comply with the recommendations of the NRCS
District Conservationist regarding the 2008 complaint. Due to the severe drought conditions
and the soil type, this will take a little more time to address than a couple of weeks.
I visited today with Mrs, Nunez and gave her some paperwork that may help with a long term
solution. But for the short term, I recommend that the Nunez family spread some wet feedlot
manure to help hold the soil. This will take 30-50 lbs of manure to get the job done. This will
also assist with replenishing the soil for future plantings. The next recommendation would be
to using some soil erosion fabric around the fence line to reduce the amount of soil from
blowing into Mr. Grillos's yard. Whatever they decide to do, they will definitely need to
corral the animals in order to get some type of grass or crop to grow.
Stephanie, I will send you a more detailed trip report along with pictures and
recommendations for this issue. The Nunez's are trying to do something to control the soil
from blowing. Sorry for the delay in this report but I had set an appointment with the Small
Acreage Coordinator to meet me at the site to discuss other alternatives.
Thanks,
/L,22e,,
Soil Conservationist/Colorado BEPM
USDA/NRCS
Brighton Field Office
57 West Bromley Lane
Brighton, CO 80601
3/20/2009
Page 2 of 2
Phone: 303-659-7004
Fax: 303-659-1768
Email: karen.mandujano@co.usda.gov
Hatred paralyzes life; love releases it. Hatred confuses life; love harmonizes it. Hatred darkens life;
love illuminates it.... Martin Luther King Jr.
3/20/2009
SEE OVER SIZED
PICTURES IN ORIGINAL
FILE MARKED EXHIBIT
"A" AND EXHIBIT "B"
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May 12, 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
Luis Nunez and Rogelio Nunez
21649 County Road 4
Hudson, CO 80642
RE: Dust Blowing Complaint for Property Located on Lot B, Recorded Exemption 1473 -27 -RE -3629,
being in the Southwest 'A of the Southeast 1/4 of Section 27, Township 1 North, Range 65 West of
the 6th P.M., Weld County, Colorado, known by street and number as: 21649 WCR 4, Hudson,
Colorado 80642
Gentlemen:
Enclosed herewith please find a copy of the report received by this office from Phillip Brewer of the Weld
County Health Department.
Your success with this property is being reported to the complainants and to the Board of County
Commissioners of Weld County.
We want to congratulate you on the successful treatment of your property and we wish you success with
the property in the future.
Yours Truly,
e
Ass stant Weld County Attorney
Enclosure
Pc: Board of County Commissioners of Weld County
�vrwc�itatii.'Nw 5-I!-leoq
EXCOII
AttriCOLORADO
May 12, 2009
Michael A and Karen J. Grillos
21512 County Road 4
Hudson, Colorado 80642
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 on Lot B, Recorded Exemption
1473 -27 -RE -3629, being in the Southwest 'A of the Southeast % of Section 27,
Township 1 North, Range 65 West of the 6th P.M., Weld County, Colorado,
known by street and number as: 21649 WCR 4, Hudson, Colorado 80642
Dear Mr. and Mrs. Grillos:
This letter is written to provide you with a copy of the report of Phillip Brewer, a member of the
Weld County Department of Health staff.
This successful resolution to the dust blowing problem is also being reported to the Weld County
Board of County Commissioners.
If you have any questions, please contact this office at (970) 356-4000, Extension 4394.
Youps truly,
mes
Assistant Weld County Attorney
PC:
Board of County Commissioners of Weld County
K. Manjudano
Nunez
Stephanie Arries
From:
Sent:
To:
Cc:
Subject:
Stephanie:
Phillip Brewer
Tuesday, May 12, 2009 12:56 PM
Stephanie Arries
Trevor Jiricek
21649 WCR 4
I visited the 21649 WCR 4 property (Luis Nunez, Parcel # 147327400073) and was pleased
with what I observed. The multi -acre property was "seeded" and what was planted has
germinated. There is a lush green plant covering the many acres that formerly were
stripped. The growth is "inches" high, and will now be able to suppress wind blown
material.
I called and talked with the owner and told him that I would report my observation to you.
If they can keep that new growth wet, now that it is established, there should be no
problem with blown dust/dirt this year.
The solution for that one problem appears to be a success (at this time). Moisture will
certainly help assure continue growth over the next weeks.
The 21649 property is "nice" (at least from the outside). A "quality" ranchette!
Phil
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