HomeMy WebLinkAbout20081577.tiff FINDINGS, 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:
SW1/4 of the 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 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 2nd day of June, 2008, and
WHEREAS, Luis and Rogelio Nunez were notified of said hearing by first class mail on
May 23, 2008, and Rogelio Nunez was present at said hearing on June 2, 2008, and
WHEREAS, 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
2008-1577
EX0011
DUST BLOWING - NUNEZ (SW1/4SE1/4 S27, T1 N, 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
Adams Field Office, Jan Fritch, attached hereto, and incorporated hereing by reference as
Exhibit A.
IT IS HEREBY ORDERED by the Board of County Commissioners of Weld County,
Colorado, that the property owners, Luis and Rogelio Nunez, shall take the following remedial
measures: Deep chiseling of the soil, in conjunction with the spreading of manure.
IT IS FURTHER ORDERED by the Board that the Owners shall begin these remedial
measures on, or before June 16, 2008, and shall complete the process on, or before, July 4, 2008.
IT IS FURTHER ORDERED by the Board that in the event that the Owners have not
undertaken the work set forth in the foregoing paragraph on, or before, June 16, 2008, and have
not completed the remedial measures on, or before July 4, 2008, Weld County shall employ a
person or persons to treat the property, as stated above.
IT IS FURTHER ORDERED by the Board of County Commissioners of Weld County,
Colorado,that pursuant to Section 35-72-105(1), C.R.S.,assessment of the costs for the treatment
performed, may be established as a lien against the property, to the limit set forth in said statute,
and that, if possible, any costs in excess of the statutory limit may be collected from the owners of
the property.
The above and foregoing Findings and Order was, on motion duly made and seconded,
adopted by the following vote on the 2nd day of June, A.D., 2008.
BOARD OF COUNTY COMMISSIONERS
ATTEST: /a � WELD COUNTY, COLORADO
��i
Ct, m . Jerke, Chair
Weld County Clerk to the
• Robert D. Masd?TPro-Tem
BY: Za (-1 2
Deputy Clerf to the Board
Willm F. Garcia
�2P 0 M: \lam c,::, .( C
/ ` David E. Long
ount A orney EXCUSED
Douglas Rademacher
Date of signature: f • hf)
2008-1577
EX0011
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
•
COLORADO
May 23, 2008
Michael A and Karen J. Grillos
21512 County Road 4
Hudson, Colorado 80642
RE: Dust Blowing Complaint for Property Located on Lot B, Recorded Exemption
1473-27-RE-3629, being in the Southwest '/ 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. Grillo:
This letter is written to let you know what is happening with regard to your complaint that dust
was blowing from the Nunez property.
The Natural Resources Conservation Service—Greeley Field Office was unable to assist in this
matter as the property lies outside of its jurisdiction. However, I was referred to the Adams office,
and an officer from that office visited the property. As no one was at home on the day of his visit
—May 22, 2008 -the officer was only able to examine the property from the road.However,he
was able to see the problem,and he made two recommendations for the immediate remediation of
the property. He said that they should chisel the land and should incorporate chunky manure into
the earth. A letter was mailed to the Nunez' from this office informing them of the steps which
needed to be taken.
The Board will hear the matter at its regularly scheduled meeting on June 2,2008,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. The Nunez' have also been informed of this
meeting and of their opportunity to attend and provide testimony.
If you have any questions,please contact this office at(970) 356-4000,Extension 4394.
Yours truly,
ly,
'Stephanie L. Arries
Assistant Weld County Attorney
2008-1577
cr( WELD COUNTY ATTORNEY'S OFFICE
915 TENTH STREET
P.O. BOX 758
GREELEY, CO 80632
I WEBSITE: www.co.weld.co.us
PHONE: (970) 336-7235
FAX: (970) 352-0242
COLORADO
CERTIFIED MAIL and FIRST CLASS MAIL
May 23, 2008
Luis Nunez and Rogelio Nunez
21649 County Road 4
Hudson, CO 80642
RE: NOTICE OF HEARING
Dust Blowing Complaint for Property Located on Lot B, Recorded Exemption 1473-27-RE-3629,
being in the Southwest '/ 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
Greetings:
As you are aware from my letter of May 20, 2008, the Board of County Commissioners of Weld County,
Colorado was informed that dust is blowing from your property- the above described parcel
As you were told in the prior letter, contact would be made with the Natural Resources Conservation
Service. That agency was contacted, and as your property lies outside of the Greeley office's jurisdiction,
the Adams Field Office responded to our request to examine your property. The agent, Mr. Jan Fritch,
went to your property yesterday, May 22, 2008, and as you were not at home, he conducted his
examination of your property from the road.
The agent made the following recommendations to correct the dustblowing problems:
You must chisel the land every 30-50 feet and
You must incorporate large chunks of manure throughout over your property.
These steps must be taken by you immediately. If you have questions of Mr. Fritch,you may reach
him 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.
May 23, 2008
Page 2
The Board will hear the matter at its regularly scheduled meeting on June 2, 2008, 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,
Stephanie L. Ames
Assistant Weld County Attorney
pc: Grillos
NRCS
WELD COUNTY ATTORNEY'S OFFICE
+� 915 TENTH STREET
t' P.O. BOX 758
GREELEY, CO 80632
WEBSITE: .weld.co.us
C
O PHONE: (97(970) 336-7235
FAX: (970) 352-0242
COLORADO
May 20,2008
Michael A and Karen J. Grillos
21512 County Road 4
Hudson, Colorado 80642
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. Grillo:
This letter is written in response to your complaint of dust blowing from the above described
parcel of property owned by Luis Nunez and Rogelio Nunez,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 owners,Luis Nunez and Rogelio Nunez. That office will
discuss the matter with the property owners and will ask them to take immediate steps to correct
the dust blowing problem. If the owners do as they are asked in a timely manner,the matter will
be closed.If they fail 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 owners for monetary damages for any injury to your property.
If you have any questions,please contact this office at(970) 356-4000, Extension 4394.
Yours truly,
phi e X1'2'
Assistant Weld County Attorney
4 WELD COUNTY ATTORNEY'S OFFICE
915 TENTH STREET
P.O. BOX 758
GREELEY, CO 80632
IWEBSITE: www.co.weld.co.us
NE: (970) 336-7235
C. PH PAX: (970) 352-0242
CERTIFIED MAIL
COLORADO May 20, 2008
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 ''/ 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:
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 Michael and Karen Grillos, who are located on neighboring property described as: Lot
A, Recorded Exemption No. 1473-27-4-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., County of Weld, Colorado. A telephone call was
received by the office of the County Attorney on May 20, 2008. The caller stated that over one foot of
sand was deposited on the Grillos' 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.
Yours Truly,
Stephan L. A es
Assistant Weld County Attorney
pc: Grillos
NRCS
,746 • 1111111111111111111(1111III111111111111Ill11111liii liii
3267746 03/11/2005 12:57P Weld County, CO
1 of 1 R 6.00 D 0.00 Steve Moreno Clerk& Recorder
Order No.7203-4153A
f\ wl1 n „ ***RE-RECORDING TO CORRECT LEGAL DESCRIPTION ON PRIOR DEED
l 1 `-`�� RECORDED JUNE 7, 2004 AT RECEPTION 113186794 ***********
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Lin • (-)(O I/2
f-{ a ,o6>t ,�e� • �
1455325
APN:R0137092
WARRANTY DEED
FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, CENDANT MOBILITY FINANCIAL CORPORATION,
A CORPORATION ORGANIZED UNDER THE LAWS OF STATE OF DELAWARE DOES HEREBY GRANT TO:
LUIS E. NUNEZ & ROGELIO NUNEZ TENANTS IN COMMON 21649 WELD COUNTY ROAD 4, HUDSON, CO 80642
WITNESSETH That the grantor for and in consideration of the sum of$ cJGO, no DOLLARS,
the receipt and sufficiency of which is hereby acknowledged,has granted, bargained, sold and conveyed and by these presents does
grant,bargain,sell convey and confirm unto the grantee te hip heirs and assigns forever,all the real property together with improvements,
IN
if any,situate.Lying and being in the County of_ CSI and State of Cr). described as follows:
LOT 3.RECORDED EXEMPTION NO.1473,27.4-RE-3a2A,RECORDED O=T0BER 6,2003
AT RECHPT.ON NO.31147c4,REINS IN THE Sell I HWLST A Or THE SOUTHEAST%OF
SECTION 27,1 OWNSI CP 1 NORTH,RANCF liS WEST OF THE 6TN P.M.,
COUNTY OF WELD,
STATE OF COLORADO.
Also known by street and numbers as,21649 Weld County Road, Unit 4,Hudson CO 80642
TOGETHER with all and singular the hereditaments and appurtenances thereunto belonging, or in anywise appertaining, and the
reversion and reversions, remainder and remainders, rent, issues and profits thereof and all the estate, right, title interest, claim and
demand whatsoever of the grantor, either in law or equity, of, in and to the above bargained premises, with the hereditaments and
appurtenances.
TO HAVE AND TO HOLD the said premises above bargained and described with the appurtenances, unto the grantee, his heirs and
assigns forever. And the grantor, for himself, his heirs and personal representatives, does not covenant, grant, bargain and agree to
and with the grantee, his heirs and assigns, that at the time of the ensealing and delivery of these presents, he is well seized of the
premises above conveyed,has good,sure,perfect,absolute and indefeasible estate of inheritance,in law, in fee simple and has good
right,full power and lawful authority to grant,bargain, sell and convey the same in manner and form as aforesaid, and that the same
are free from all former and other grants,bargains,sales,liens,taxes,assessments,encumbrances and restrictions of whatever kind or
nature so ever,except for taxes for the current year, a lien but not yet due or payable,easements, restrictions,reservations,covenants
and rights-of-way of record,if any.
The grantor shall and will WARRANT AND FOREVER DEFEND the above-bargained premises in the quiet and peaceable possession
of the grantee,his heirs and assigns,against all and every person or persons lawfully claiming the whole or any part thereof.The
singular number shall include the plural,the plural the singular and the use of any gender shall be applicable to all genders.
eel 2-H-05
CS
endant Mobility F' cialL.orporation,By Cindi Jacobs,Authorized Signatory of Burrow Closing Management Corporation dba Burrow
Services as attor/- -in-Tact.
STATE OF CALIFORNIA
COUNTY OF ORANGE SS.
On February 3,2005 before me,Dan G.Howard,a notary public, personally appeared,Cindi Jacobs,personally known to me(or proved
to me on the basis of satisfactory evidence) to be the person(s) whose name(s) is/are )subscribed to the within instrument and
acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies),,and that by hisiher/their signature(s)on
the instrument the person(s • he entity upon behalf of which the person(s)acted,executed the instrument.
WITNESS my hand and 1 Dal s;=1.
Signature i My Commission Expires:February 22,2008
9 ,
r i , D'7
a.
,y COMM.IXP.i- S J 2J.9;^
7,203- V/5399
111111111111111111111111111111111111111 I I 11111111111111
3166794 06/0712004 10:06A Weld County, CO
j1 of 1 R 6.00 D 38.99 Steve Moreno Clerk 8 Recorder
Order No.7203-41539
Escrow No.
Loan No.
WHEN RECORDED MAIL TO GRANTEE:
Burrow Services Corporation
27271 Las Rambles
Mission Vieio.CA 92691
1455325
APN:
6-21-0+ WARRANTY DEED
FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, Cendant Mobility Financial Corporation A
CORPORATION ORGANIZED UNDER THE LAWS OF STATE OF DELAWARE DOES HEREBY GRANT TO:
LUIS E. NUNEZ & ROGELIO NUNEZ TENANTS IN COMMON 21649 WELD COUNTY ROAD #4, HUDSON, CO 80642 ,
cy WITNESSETH That the grantor for and in consideration of the sum of$;389 (2' :).DOLLARS, the receipt and sufficiency of
(j which is hereby acknowledged,has granted, bargained,sold and conveyed and by these presents does grant, bargain,sell convey and
confirm unto the grantee his heirs and assigns forever,all the real property together with improvements,if any,situate. Lying and being
cn in the County of IN P.A.a-- and State of C4210__described as follows:
THE SOUTHWEST 1/4 OF THE SOUTHEAST 1/4 OF SECTION 27,TOWNSHP 1 NORTH,RANGE 65 WEST OF THE 6TH
P.M.,COUNTY OF WELD,STATE OF COLORADO.
L.
/ Also known by street and numbers as,21649 Weld County Road 4,Hudson,Colorado 80642
/3 TOGETHER with all and singular the hereditaments and appurtenances thereunto belonging, or in anywise appertaining, and the
reversion and reversions, remainder and remainders, rent, issues and profits thereof and all the estate, right, title interest, claim and
demand whatsoever of the grantor, either in law or equity, of, in and to the above bargained premises, with the hereditaments and
appurtenances.
TO HAVE AND TO HOLD the said premises above bargained and described with the appurtenances, unto the grantee, his heirs and
assigns forever, And the grantor,for himself, his heirs and personal representatives, does not covenant, grant, bargain and agree to
and with the grantee, his heirs and assigns, that et the time of the ensealing and delivery of these presents,he is well seized of the
premises above conveyed, has good, sure, perfect, absolute and indefeasible estate of inheritance, In law, In fee simple and has good
right, full power and lawful authority to grant, bargain,sell and convey the same in manner and form as aforesaid,and that the same
are free from all former and other grants,bargains,sales,liens,taxes,assessments,encumbrances and restrictions of whatever kind or
nature so ever, except for taxes for the current year,a lien but not yet due or payable,easements,restrictions,reservations,covenants
and lights-of-way of record,if any.
The grantor shall and will WARRANT AND FOREVER DEFEND the above-bargained premises in the quiet and peaceable possession
of the grantee,his heirs and assigns,against all and every person or persons lawfully claiming the whole or any part thereof.The
singular numbers II In Jude the lural,the plural the singular and the use of any gender shall be applicable to all genders.
D d:
en n Mobility Flnaal Corporation, By Cindl Jacobs, Authorized Signatory of Burrow Closing Management Corporation dba
Burrow Services as a eyin-fact.
STATE OF CA
COUNTYOF,QMNQE SS.
On -L-TJ€.h g before me, Margie Finona, a notary public, personally appeared, Cindl Jacobs,
personally known to me(or proved to me on the basis of satisfactory evidence)to be the person(s)whose name(s)is/are subscribed to
the within Instrument and acknowledged to me that he/she/they executed the same in his/her/heir authorized capacity(les),and that by
his/her/their signature(s)on the instrument the person(s)or the entity upon behalf of which the person(s)acted,executed the instrument.
WITNESS my hand�official seal. ,/,-,���/ �, /
Signature / ' " ... a Le l My c«nmsebn Expires: D//���
C
I FINONA
NOiARyOp g A kwARDIAN TITLE
cat"ORANGE COUNTY.,/AN.z 2008 FILE# z03-`1 )S3`�
n
Identify Results Page 1 of 1
Parcel Valuation
Account#: R2689104 Parcel#: 147327400073
Owners Name&Address: Property Address:
NUNEZ LUIS E& Street: 21649 4 CR
21649 CR 4 City:WELD
HUDSON, CO 80642
Additional Owners:
NUNEZ ROGELIO
Business/Complex:
Legal Description
PT SW4SE4 27-1-65 LOT B REC EXEMPT RE-3629(.59R)SITUS: 21649 4 CR WELD 000000000
Land Value $519 Land Assessed Value $150
Impr, Value $278,888 Imor.Assessed Value $26,450
Total Value $279,407 Total Assessed Value $26,600
Total Taxes:$1,612.20 Amount Due: $0.00
Tax Area: Bordering County:
Township Range Section Quart.Sec. Subdivison Name Block# Lot#
01 - 65 - 27 -4 - -
Land Subtotal: Acres:34.49
Sale Price Sale Date Deed Type Reception#
$0 2/4/2005 WDN 3267746
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Identify Results Page 1 of 1
Parcel Valuation
Account#: R2689004 Parcel#: 147327400072
Owners Name&Address: Property Address:
GRILLOS MICHAEL J & Street: 21512 4 CR
21512 CR 4 City: WELD
HUDSON, CO 80642 _ I
Additional Owners:
GRILLOS KAREN J
Business/Complex:
Legal Description
PT SW4SE4 27-1-65 LOT A REC EXEMPT RE-3629 (.32R) SITUS: 21512 4 CR WELD 000000000
Land Value $93,800 Land Assessed Value $7,470
Impr. Value $301,200 Impr. Assessed Value $23,980
Total Value $395,000 Total Assessed Value $31,450
Total Taxes: $1,906.16 Amount Due: $953.08
Tax Area: Bordering County:
Township Range Section Ouart.Sec. Subdivison Name Block# Lot#
01 - 65 - 27-4 - -
Land Subtotal: Acres:4.69
Sale Price Sale Date Deed Type Reception #
$95,000 3/1/2004 WD 3160571
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SENDER: COMPLETE THIS SECTION
COMPLETE THIS SECTION ON DELIVERY
tu
■ Complete items A. Signa
1,2,and 3.Also complete ' El item 4 if Restricted Delivery is desired. X Y �yAgent
` � ly, O Addressee
• Print your name and address on the reverse
so that we can return the card to you. B. Received by(Printed Name) C. Date of Delivery
• Attach this card to the back of the mailpiece, f-- w -
or on the front if space permits. D. Is delivery dr�different 1? O Yes
deddery address eel i No
1. Article Addressed to: If YES, `
f
Luis Nunez and Rogelio Nunez y, y
21649 County Road 4
Hudson, CO 80642 }M /.
3. ice Type \' _.✓ y'
Certified Mail O Exp all
registered Return ipt for Merchandise
O Insured Mall C.O.D.4. Restricted Delivery?(Extra Fee) pee
Yes
2. Article Number 7005 1820 0003 5224 7563 /
(Transfer from service label)
PS Form 3811,February 2004
Domestic Return Receipt 102595-02-M-1540
United States Department of Agriculture
4 \RCS
Natural Resources Conservation Service Phone: 303-659-0525-Ext-3
57 West Bromley Lane Fax: 303-659-1768
Brighton,Colorado 80601
May 30, 2008
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 1/4, SE % Sec 27, TI N
R65 W. These recommendations/options are non inclusive and may not represent all of the
options available.
The soils in this field are approximately 80 to 85 percent fine sandy loams with the remaining
area being loamy sand. These soils are considered highly erodible and are subject to erosion by
wind.
Temporary Options:
• Option 1; some mitigation of soil blowing can be accomplished by chiseling the field
perpendicular to prevailing winds. Prevailing winds in this area predominantly come out
of the North, Northwest and move to the Southeast. The chiseled area should be 16 to 30
feet wide, depending on equipment available, and the depth of the chisel should be deep
enough to bring up soil clods if moisture conditions allow. There should be
approximately 30 to 50 feet left un-chiseled, and then another 16 to 30 foot area should
be chiseled. This should be continued across the entire field and should greatly reduce
soil blowing for a short period of time. If at such a point in time the soil again started
blowing, the part of the field left un-chiseled would need to be chiseled. If this option
does not significantly reduce soil movement, a different option would need to be
implemented.
• Option 2; Spread 30 to 40 tons per acre of weed free feedlot manure containing 50 to 60
percent of manure chunks six inches or larger over the entire field. Leave the manure un-
incorporated on the soil surface.
For both of these options it is recommended that livestock be removed from the field and kept
off until such a time the field is no longer in a condition to be susceptible to wind erosion.
Sustainable Options;
• Option 3; rent the acreage to a local farmer with the stipulation that the land must be
fanned in such a manner as to prevent soil erosion. This option should include a
conservation residue management plan as part of the lease agreement.
Helping People Help the Land y� EXHIBIT
An Equal Opportunity Employer and Provider 11
?o Qtsof0dZ—61
Page 2
• Option 4; summer fallow the field this summer and plant to winter wheat during the last
week of August or the first week of September. This earlier planting date will hopefully
allow for greater fall growth and provide more cover through the winter and spring
erosion period. After the harvest of the wheat crop, during the fallow period, utilize no-
till or reduced tillage methods to keep 400 to 500 pounds or more, of wheat residue on
the soil surface after planting the next wheat crop.
• Option 5; plant sorghum, sudangrass or millet as a cover crop. If enough growth occurs
during the summer, this cover could be harvested for hay or grazed over winter. If haying
or grazing does occur, enough crop residue should be left on the soil surface to control
soil blowing the following spring.
Long Term Option;
• Option 6; remove livestock from the field and as soon as possible, plant a sterile
variety of 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 151h. 1 also
recommend applying fertilizer to this field. A soil test should be taken and fertilizer
applied according to test recommendations. In lieu of a soil test, 20 to 30 pounds per
acre each, of nitrogen and phosphate can be applied to help insure adequate growth of
the sorghum or sudangrass crop. This crop should not he grazed but allowed to grow
undisturbed to maturity. Assuming crop growth is adequate to protect against soil
erosion, providing at least 2000 pounds crop residue per acre, an adapted mix of
native grasses can be drilled directly into the standing sorghum/sundangrass. 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. If this option is chosen, NRCS is available to provide advice for a grazeable
grass mixture suited to the existing soil and climatic conditions. There is also a
possibility, assuming eligibility criteria are met, that cost share assistance maybe
available to help defer costs of purchasing and drilling the grass seed. This would be
through the Environmental Quality Incentives Program (EQIP). The 2009 sign up
period for this program ends July 3, 2008. Contact any NRCS Field Office if
interested.
Upon their request, I am willing to discuss this and provide what assistance I am able, to Luis
and Rogelio Nunez.
Jan Fritch
District Conservationist
File contains
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CD AVAILABLE FOR VIEWING IN THE
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Michael
From: Michael [michael@karmichaelfire.com]
Sent: Sunday, May 11, 2008 2:21 PM
To: 'rmasden@co.weld.co.us'
Cc: 'karen@karmichaelfire.com'; 'bogrimm@earthlink.net'
Subject: Soil Conservation Act 1954 CRS 35-70-1 through 35-70-122
Greetings Commissioner Masden:
My wife and I have a situation that we have tried to mitigate with our neighbor to no avail.
Therefore,we look to the Weld County Commissioners to uphold the Colorado Revised Statues Section 35-70-1 through
35-70-122 as it relates to soil erosion and related damages we are currently suffering.
We reside at 21512 CR 4, Hudson CO 80642.
We have neighbors directly east of us that graze 46 animals on approximately 29 acres.
Over the last three years the land they own has become denuded of all vegetation due to overgrazing.
The current landowner has not made any attempt to seed a cover crop or employ any means of soil retention.
As a result of the daily animal use and winds, we have top soil "drifts" on our property from their ground.
The damage is especially prominent along and within about 10 feet of the fence lines.
Will you please schedule someone from Weld County to verify our complaint then proceed with direction to the
adjacent landowner for corrective action?
We look forward to your timely response.
Regards,
Michael!Grillos
President
Karmichael&Company Fire Protection Systems, Inc.
Phone:(303)536-4697
Fax: (303)536-4698
email:michael@karmkhaelfire.com
EXHIBIT
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N I C United States Department of Agriculture
O CS
Natural Resources Conservation Service Phone:303-659-0525-Ext-3
57 West Bromley Lane Fax: 303-659-1768
Brighton,Colorado 80601
May 30, 2008
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 1/4, SE % Sec 27, TIN
R65W. These recommendations/options are non inclusive and may not represent all of the
options available.
The soils in this field are approximately 80 to 85 percent fine sandy loams with the remaining
area being loamy sand. These soils are considered highly erodible and are subject to erosion by
wind.
Temporary Options:
• Option 1; some mitigation of soil blowing can be accomplished by chiseling the field
perpendicular to prevailing winds. Prevailing winds in this area predominantly come out
of the North, Northwest and move to the Southeast. The chiseled area should be 16 to 30
feet wide, depending on equipment available, and the depth of the chisel should be deep
enough to bring up soil clods if moisture conditions allow. There should be
approximately 30 to 50 feet left un-chiseled, and then another 16 to 30 foot area should
be chiseled. This should be continued across the entire field and should greatly reduce
soil blowing for a short period of time. If at such a point in time the soil again started
blowing, the part of the field left un-chiseled would need to be chiseled. If this option
does not significantly reduce soil movement, a different option would need to be
implemented.
• Option 2; Spread 30 to 40 tons per acre of weed free feedlot manure containing 50 to 60
percent of manure chunks six inches or larger over the entire field. Leave the manure un-
incorporated on the soil surface.
For both of these options it is recommended that livestock be removed from the field and kept
off until such a time the field is no longer in a condition to be susceptible to wind erosion.
Sustainable Options;
• Option 3; rent the acreage to a local farmer with the stipulation that the land must be
farmed in such a manner as to prevent soil erosion. This option should include a
conservation residue management plan as part of the lease agreement.
EXHIBIT
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• Option 4; summer fallow the field this summer and plant to winter wheat during the last
week of August or the first week of September. This earlier planting date will hopefully
allow for greater fall growth and provide more cover through the winter and spring
erosion period. After the harvest of the wheat crop, during the fallow period, utilize no-
till or reduced tillage methods to keep 400 to 500 pounds or more, of wheat residue on
the soil surface after planting the next wheat crop.
• Option 5; plant sorghum, sudangrass or millet as a cover crop. If enough growth occurs
during the summer, this cover could be harvested for hay or grazed over winter. If haying
or grazing does occur, enough crop residue should be left on the soil surface to control
soil blowing the following spring.
Long Term Option;
• Option 6; remove livestock from the field and as soon as possible, plant a sterile
variety of 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 15th. I also
recommend applying fertilizer to this field. A soil test should be taken and fertilizer
applied according to test recommendations. In lieu of a soil test, 20 to 30 pounds per
acre each, of nitrogen and phosphate can be applied to help insure adequate growth of
the sorghum or sudangrass crop. This crop should not be grazed but allowed to grow
undisturbed to maturity. Assuming crop growth is adequate to protect against soil
erosion, providing at least 2000 pounds crop residue per acre, an adapted mix of
native grasses can he drilled directly into the standing sorghum/sundangrass. 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. If this option is chosen, NRCS is available to provide advice for a grazeable
grass mixture suited to the existing soil and climatic conditions. There is also a
possibility, assuming eligibility criteria are met, that cost share assistance maybe
available to help defer costs of purchasing and drilling the grass seed. This would be
through the Environmental Quality Incentives Program (EQIP). The 2009 sign up
period for this program ends July 3, 2008. Contact any NRCS Field Office if
interested.
Upon their request, I am willing to discuss this and provide what assistance I am able, to Luis
and Rogelio Nunez.
Jan Fritch
District Conservationist
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
EXHIBIT
Jennifer VanEgdom
From: Stephanie Arries
Sent: Monday, June 02, 2008 1:23 PM
To: Jennifer VanEgdom
Subject: FW: Reso for Nunez Dust blowing complaint
Original Message
From: Bruce Barker
Sent: Monday, June 02, 2008 1:18 PM
To: Stephanie Arries
Subject: RE: Reso for Nunez Dust blowing complaint
Let's just call it, "FINDINGS AND CITATION."
Original Message
From: Stephanie Arries
Sent: Monday, June 02, 2008 1:09 PM
To: Bruce Barker
Subject: FW: Reso for Nunez Dust blowing complaint
When I look at this document and at the Statute- C.R.S. 35-72-103 -this looks like what a "citation" would say
Thus, should I do a separate "citation"or put the word "citation" in the title of this document or.....???
From: Stephanie Arries
Sent: Monday, June 02, 2008 1:01 PM
To: Jennifer VanEgdom
Cc: Bruce Barker
Subject: RE: Reso for Nunez Dust blowing complaint
OK--so here this is
I don't know what form this is in or how it got there, but I hope it works!
From: Jennifer VanEgdom
Sent: Monday, June 02, 2008 12:05 PM
To: Stephanie Arries
Subject: Reso for Nunez Dust blowing complaint
Stephanie, inrr
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Hello