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Home My WebLink About20071295.tiff FINDINGS AND ORDER OF THE BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO WHEREAS, the Board of County Commissioners of Weld County, Colorado, pursuant to Colorado statute and the Weld County Home Rule Charter, is vested with the authority of administering the affairs of Weld County, Colorado, and WHEREAS, the Board of County Commissioners of Weld County, Colorado, has been informed, in accordance with Section 35-72-101(1), C.R.S., that dust is blowing from the following described parcel of land: Part of the N1/2 of the NE1/4 of Section 29, Township 7 North, Range 63 West of the 6th P.M., Weld County, Colorado, and WHEREAS, said parcel is owned by Juan Ramirez and Maria Del Carmen, 1020 37th Street, Evans, Colorado 80620, and WHEREAS, a hearing was held before the Board on the 24th day of April, 2006, at which time the Board ordered the property to be roughened to prevent soil from blowing by May 5, 2006, and another hearing was held before the Board on the 28th day of June, 2006, at which time the Board received evidence that the Property should be again roughened and a wood lath fence should be constructed, and the Board ordered that Weld County should undertake the recommended procedures and should assess the costs of such treatment against the Property through the establishment of a lien, pursuant to the authority set forth in Section 35-72-105 (1), C.R.S., to the limit set forth in said statute, and WHEREAS, it appears that although some efforts were made towards the accomplishment of said objectives, the work was not commenced, and the neighboring property owners, Steve and Lynne Lyons, have again had dust blow from the Property onto their property, and WHEREAS, there are new recommendations as to the appropriate remedial measures to be taken to prevent the blowing of soil from the Property,those recommendations coming from the West Greeley Soil Conservation District, Stu McFarland, (see Exhibit 1), WHEREAS, pursuant to Section 35-72-101(1), C.R.S., the Board did make the following Findings of Fact: 1. The 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 appears to have been in existence for more than one year and the operation is negligent. 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. 2007-1295 EX0011 r(; /-1-, S< O, », %,cez ,/s os/ay4 2 DUST BLOWING - N1/2 NE1/4, S29, T7, R63 PAGE 2 IT IS HEREBY ORDERED by the Board of County Commissioners of Weld County, Colorado that the Owners of the Property, Juan Ramirez and Maria Del Carmen, shall complete the work set forth in Exhibit 1, on or before May 21, 2007. It is specifically ordered that: 1. All livestock shall be removed from the property and a pest management specialist shall be consulted regarding the prairie dogs; 2. Wait to see if, in the opinion of the Natural Resources Conservation Service, vegetation regrowth will be adequate to hold the pasture before allowing animals to graze on the property. 3. Apply manure as an expedient measure. 4. Keep weeds mowed if blowing weeds will be an issue 5. Plow and reseed parcel if natural grass establishment will not be sufficient to meet legal requirements. IT IS FURTHER ORDERED by the Board of County Commissioners of Weld County, Colorado that in the event that the owners have not undertaken the work set forth in the foregoing paragraph by May 21, 2007, Weld County shall employ a person or persons to treat the Property, as recommended by the West Soil Conservation District in Exhibit 1. IT IS FURTHER ORDERED by the Board of County Commissioners of Weld County, Colorado that there shall be no grazing on the property until the Natural Resources Conservation Service authorizes such grazing. 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 forthe treatment performed, be, and hereby is, 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 be collected from the owners of the Property. 2007-1295 EX0011 DUST BLOWING - N1/2 NE1/4, S29, T7, R63 PAGE 3 The above and foregoing Findings and Order was, on motion duly made and seconded, adopted by the following vote on the 7th day of May, A.D., 2007. BOARD OF COUNTY COMMISSIONERS WECOUTY, COLORADO ATTEST: Iate# 'IL.4 David E. Long, Chair Weld County Clerk to the C=rd r. 1861 �� i►. . ! l 'I h...� � • —=g illka rke, Pro-Tem BY: Deputy Clerk�to the Bo`rd' Will Garcia APPA9D AS TO F &_ \t\` Robert D. Masden ounty Attorney Douglas Frademacher Date of signature: 2007-1295 EX0011 Wilted States Department of Agriculture o FRCS Natural Resources Conservation Service 970-356-8097'3-Office Greeley Field Office 970-351-0392-Fax 4302 W 9th Street Road www.co.nres.usda.gov Greeley,Colorado 80634 stu.mcfarland@co.usda.gov 4 May 2007 Weld County Attorney's Office C/O Stephanie Arries, Asst Weld Co. Attorney PO Box 758 Greeley, CO 80632 RE: Resolution of soil blowing issues on Ramirez Dear Ms. Arries: After reviewing the Record of Proceedings from 4/24/06, and discussing the history of this • parcel with my coworkers and the DA's office, I would like to elaborate on a few of the remedial actions which have been proposed thus far, such that the Weld County Board of Commissioners may have a better understanding of their respective ramifications. In rangeland scenarios, the NRCS typically attempts to recover desired vegetative conditions through management, as opposed to structural or more intensive activities (e.g. tillage.) The fundamental problem here is that the Ramirez parcel is overgrazed, and there is no perennial vegetation present to protect the soil. Wood lath fence—Apparently there has been some prior discussion towards installing a series of wood lath fences across the Ramirez property, perpendicular to the prevailing wind direction. In theory, this would deposit blowing soil on the Ramirez property and would probably greatly diminish neighbor's problems. However, the cost and labor for materials, installation, and maintenance of these fences would be extensive, and this approach would not actually address the fundamental problem. Chisel plow/ripping— Surface roughening through tillage of some sort would probably succeed in abating soil movement for a time. However, I would like to impress on the Board that this rangeland scenario is much different that the typical cropland blowing complaint. It has been said that, "To nature, every tillage operation is a catastrophe."While overgrazing, even in extreme cases, is ecologically damaging, the effects of intensive tillage will be largely irrecoverable. If the Board pursues an intensive tillage solution to the Ramirez issue, the landowner and/or the County must be prepared to immediately follow up with a cover crop and, ultimately, a reseeding. The Natural Resources Conservation Service provides leadership in a partnership effort to help people conserve,maintain,and improve our natural resources and environment. An Equal Opportunity Provider and Employer 2 Soil amendments—As described in my previous letter, manure spreading may serve as a temporary solution, but would provide some additional ecological benefits to help move this parcel towards a long-term solution. I do know that some landowners have applied bentonite (drilling mud) to sandy soil to add heavier texture to the course soil, but I have no personal knowledge of the longer-term ramifications of this approach. Others apply paunch (or similar organic by-products) to agricultural land which I suspect would have similar effects to manure and could probably be obtained free of charge, but again I have no personal knowledge of this practice. Grazing management— In this case, this would amount to livestock exclusion altogether until there is actually something to graze. There were goats in the eastern (smaller) pasture during my field visit, but that smaller pasture also has lost most perennial vegetative cover and will eventually be as much of a problem as the western (larger) pasture. While I cannot make any specific recommendations regarding the prairie dogs, consider that they are also grazing this parcel. My fear is that, in the pursuit of a quick solution, we will ensure that the Ramirez case becomes a recurring, annual problem. I am not familiar with the legalities of these situations, or of the resources available to either the landowner or the County to implement remedial actions. Yet, to summarize what I consider being the most prudent approach to this issue: • Remove all livestock immediately. Consult a pest management specialist regarding the prairie dogs. • Wait to see if vegetation regrowth will be adequate to hold the pastures • Apply manure as an expedient measure if soil movement recurs • Keep weeds mowed if blowing weeds will be an issue • Plow and reseed parcel if natural grass establishment will not be sufficient to meet legal requirements In the end, remedial actions and future management of this parcel need to be focused on establishing perennial vegetation. I hope the Board will find this information helpful. Feel free to contact this office with any further questions. Thank you, Stu McFarland Soil Conservationist NRCS - Greeley Field Office United States Department of Agriculture o MRCS Natural Resources Conservation Service 970-356-8097'3-Office Greeley Field Office 970-351-0392-Fax 4302 W 9"Street Road www.co.nrcs.usda.gov Greeley,Colorado 80634 stu.mcfarland@co.usda.gov 3 May 2007 Weld County Attorneys Office C/O Stephanie Arries, Asst Weld Co. Attorney PO Box 758 Greeley, CO 80632 RE: Soil blowing complaint inspections for Ochsner and Ramirez parcels Dear Ms. Arries: In response to your request for field inspections, this office recommends the following remedial actions: Ochsner parcel(N1/2 NW1/4 4-5-64) There were no apparent signs of recent or current soil movement on the fields I visited within this legal description. However, in the case of emergent soil movement on cropland, immediate action to implement either surface roughening and/or manure spreading is recommended. Proper implementation of surface roughening for this purpose, as described by the NRCS, is as follows: • The soil surface will bean irregular or uneven surface of compact, coherent masses of soil, ranging in size from .25-10'in diameter • At least 50% of the field surface will be covered by clods • This condition will be maintained until at least April 1 • If manure spreading is to be utilized, solid manure consistency should also fall within these guidelines • If soil movement continues to be a problem after April 1, landowner must revert problematic areas to these conditions Generally, a landowner should maintain crop residue on their fields in an amount sufficient to protect the soil until immediately prior to planting. In this way, the landowner can prevent soil blowing emergencies and the necessity of surface roughening efforts altogether. Windbreaks strategically designed and located on field edges fields may also serve as long-term mitigation. The Natural Resources Conservation Service provides leadership in a partnership effort to help people conserve.maintain,and improve our natural resources and environment. 2 Ramirez parcel (N1/2 NE1/4 29-7-63) This parcel has been extremely overgrazed. Being that this is a rangeland scenario, my initial, foremost recommendation is that all livestock be removed from pasture and confined to a small feeding area. While the NRCS cannot make specific pest management recommendations, the landowner should also consult with a pest control specialist to discuss the prairie dogs. Manure should then be applied using the aforementioned guidelines. This will accomplish two things: • Manure chunks will provide for surface roughening, and add some organic matter to improve soil stability • This addition of organic matter and nutrients will probably produce a flush of weeds which will at least provide some vegetative cover, albeit only temporarily I am concerned that the weeds may eventually cause additional problems for the neighbors if the weeds mature and break loose over the following winter, so weeds will need to be mowed to 6'-12'height. Application of mulch to the soil surface, followed by crimping, may also work assuming the landowner has access to sufficient mulch and the requisite equipment. As a last resort, ripping/chiseling of the pasture, in accordance with the aforementioned guidelines, will at least temporarily abate the wind erosion problem. However, this will be an extreme disturbance, and the sandy soil present on this site will likely require very deep tillage to achieve the surface roughening conditions. The combination of livestock and prairie dog herbivory has almost completely denuded the soil surface. Ultimately, reseeding and subsequent livestock exclusion for a time adequate to establish perennial vegetative cover will be required to prevent wind erosion of this parcel from becoming a recurring problem. Feel free to contact this office with any further questions or concerns. Thank you, S7Li- 74ee- c- Stu McFarland Soil Conservationist NRCS - Greeley Field Office �[ �_ - ' -' 0.4 - per_ '�" `=ct SP ,. ' w;3 to le' ...,--, iP I. r 3r { ;P 1 y ^, 5 rq 4 .0/... f-r et �� i t LI a � � a*i Y x y 1 T h ya{.' 1 T �' , t'a $ y � ,j i * fay , re S t e { '� P btu f t • �� b _ S i{ a I.•�- � a.i a c gyp, i -, 1 . 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Y 4' ¢_ �•., a ..... ..-,',4,.,2:::7-t ,,,, ,_„:„ ...,,,. „ ,...,,4,,,,....,4£ f x X14 id =a , �s 6 n Y66 _ ye xc �F 44 i 4 b I - ' « —aw y u.-'� ° -,`,s-O,:-'-';s f Veld Coupty-Meetings and Minutes-April 29 Minutes Page 1 of 5 Home > Departments > Clerk to the Board > Meetinos & Minutes > Minutes Weld County - Minutes Board of Commissioners Record of Proceedings APRIL 24 , 2006 The Board of County Commissioners of Weld County, Colorado, met in regular session in full conformity with the laws of the State of Colorado at the regular place of meeting In the Weld County Centennial Center, Greeley, Colorado, April 24 , 2006, at the hour of 9:00 a.m. ROLL CALL: The meeting was called to order by the Chair and on roll call the following members were present, constituting a quorum of the members thereof: Commissioner M. J. Geile, Chair Commissioner David E. Long, Pro-Tern Cr -nissioner William H. Jerke C&_.nissioner Robert D. Masden Commissioner Glenn Vaad Also present: County Attorney, Bruce T. Barker Acting Clerk to the Board, Donna Bechler Director of Finance and Administration, Donald D. Warden MINUTES: Commissioner Masden moved to approve the minutes of the Board of County Commissioners meeting of April 19 , 2006, as printed. Commissioner Long seconded the motion, and it carried unanimously. CERTIFICATION OP HEARINGS: Commissioner Long moved to approve the Certification of Hearings conducted on April 19 , 2006, as follows: 1) USR #1543 - Cozy Cow Dairy, LLC, c/o LANDPROfessionals, LLC. Commissioner Jerke seconded the motion, which carried unanimously. AMENDMENTS TO AGENDA: There were no amendments to the agenda. PUBLIC INPUT: No public Input was given. CONSENT AGENDA: Commissioner Jerke moved to approve the consent agenda as printed. Commissioner Masden seconded the motion, and it carried unanimously. P1.�CLAMATIONS: NATIONAL CRIME VICTIMS' RIGHTS WEEK - APRIL 23-29, 2006: Chair Geile read the certificate proclaiming April 23-29, 2006, as National Crime Victims' Rights Week. JoAnn Holden, Victim's Witness Coordinator, District Attorney's Office, accepted the certificate. Ken Buck, District Attorney, thanked the County Commissioners and those inwnwww_co.weld.c0.us/ineetings-minutes/Minutes2006/tni0424.httril 5/8/2006 Veld County-Meetings and Minutes-April 29 Minutes Page 2 of 5 Who attended the hearing for their support for victims of crime. He stated the Weld County Budget for the District Attorney's Office and the Sheriffs Office shows there is a moral commitment for funding this program. Mr. Buck also thanked those who work In Victim's Services because It is a very difficult and emotionally draining area to work in ieri Mann, Probation Victim Services, stated we live In a phenomenal community. Shy-stated Victim's Services could not survive without the District Attorney and Law Enforcement agencies and thanked them for being part of that community. John Cooke, Weld County Sheriff, thanked the Commissioners for the proclamation. He stated that for so long In our society, it seemed like we cared more about criminals and their rights; however, now the pendulum is swinging back and the victims are being recognized. Commissioner Jerke stated he was in the legislature about fifteen years ago when the Constitutional Amendment was launched to enter this program. Historically, the perpetrators had all the rights and the victims of violent crime would often see the perpetrators on the street within the week because people could bond out, and the victim would get no information. He further stated State Representative, Jeannie Fox, who served in the late 1980's and mid 1990's, saw this as an incredible wrong, spearheaded the entire program, and launched it as a movement through the entire state of Colorado. Therefore, victims no longer have to see the perpetrator out on the street; they are now advised as to where the perpetrator is. COMMISSIONER COORDINATOR REPORTS: There were no Commissioner Coordinator Reports. WARRANTS: Barbara Connolly, Controller, presented the following warrants for approval by the Board: Ail Funds $1,301,008.93 Commissioner Vaad moved to approve the warrants as presented by Mr. Warden. Commissioner Long seconded the motion, which carried unanimously. OL BUSINBSS: CONSIDER AUTHORIZATION FOR THE WELD COUNTY ATTORNEY TO PROCEED WITH LEGAL ACTION FOR VIOLATION OF HEALTH REGULATIONS - BUFFALO SPIRIT CAFE (CONT FROM 04/17/06): Trevor Jiricek, Department of Public Health and Environment, stated two weeks ago several cases were brought before the Board of County Commissioners regarding food service establishments, some of which had not paid the civil penalty assessed against the facility. At that time, staff was instructed to try to resolve the matter with Debra Eaves, owner of Buffalo spirit Cafe. Mr. Jiricek stated he spoke with Ms. Eaves on several occasions, however, he does not feel he is in a position to waive the civil penalty. He further stated Ms. Eaves acknowledged she received the notice to renew her license in early December, 2005, she has had some Issues with the Department of Revenue concerning the Sales Tax License, and did not pay her Food Service license until the end of March. Debra Eaves, owner, stated shereturned to the Department of Revenue on April 19, 2006, at which time they made some corrections to her file, She stated an employee from Denver, who works with problem accounts, got it straightened out and gave her a print-out- She further stated when she received the notice, she went to get the license and was told the. number was incorrect on the Department of Revenue certificate that had been sent out, so they could not renew it until It had been corrected. When she received the hand-delivered notice, she went back to the Department of Public Health and Environment, and the supervisor did a name change addition to the file. She stated her 2006 license has been paid for, although her business has since closed. She further stated she called the Attorney General's Office In Denver concerning the deadlines for not receiving proper notices before the penalty is applied, and she still h; uestions about the proper procedure. Mr. Jiricek stated out of the 759 license f&ntties in the County, 99 percent of them paid in a timely fashion. Ms. Eaves is a long time operator and was aware the license needed to be renewed prior to the new year, and Mr. Jiricek recommends that the fine remain. Responding to Commissioner Vaad, Ms. Eaves stated she was still In operation after January 1, 2006, so she did go ,rt„J/www.co.weld.co.us/meetings-minutes/minutes2006/mi0424.html 5/8/2006 Veld County-Meetings and Minutes-April 29 Minutes Page 3 of 5 ahead and get the license so she would not be penalized. When she received the hand-delivered notice from the Department of Public Health and Environment stating there would be a penalty accessed, she went In Immediately and purchased the license on March 29, 2006, even though she knew she would be closing the business. R 3nding to Commissioner Vaad, Mr. Jiricek stated the license is not transferrable to oh..r locations. Responding to Commissioner Vaad, Bruce Barker, County Attorney, stated if Ms. Eaves surrenders her license, the Department of Public Health and Environment will not have to charge her the fee. Ms. Eaves stated she surrendered her license back to the Department of Public Health and Environment last week. Commissioner Vaad moved to dismiss the case since the license had been surrendered. Seconded by Commissioner Jerke, the motion carried unanimously. NEW BUSINESS: CONSIDER TEMPORARY CLOSURE OF WCR 54 BETWEEN WCR 17 AND STATE HIGHWAY 257: Frank Hempen, Jr., Director of Public Works, requested closure of Weld County Road 54 between Weld County Road 17 and State Highway 257, beginning April 24, 2006, and continuing through Thursday, April 28, 2006, to replace a crossroad Irrigation pipe. He stated lighted signboards were installed on April 19, 2006, In anticipation of this closure. Commissioner Jerke moved to approve said closure. Seconded by Commissioner Long, the motion carried unanimously. CONSIDER DUST BLOWING COMPLAINT - JUAN RAMIREZ: (Chair Gelle called a recess to allow staff to locate an interpreter with Luis Mendoza interpreting.) Chair Gelle stated the Assistant County Attorney will present the issues that need to be considered, the Ramirez' will have a chance to respond, and public testimony will be allowed prior to final determination. Mr. Barker stated with dust blowing complaints, the adjacent property owners have a right to explain the damages incurred, which is part of the findings. Craig Emil, Assistant County Attorney, read the five items listed under the Findings of Fact and the recommendations offered by Nick Hoban of the W' Greeley Conservation District. Responding to Commissioner Vaad, Juan Ramirez, pr..erty owner, stated he received the letter from Mr. Hoban describing the results of his inspection and recommendations made to prevent the dust blowing from his property. Mr. Emil stated the property was deeded to Mr. Ramirez on November 21, 1997; however, he does not know if the grazing operation began at that time. Mr. Ramirez stated there has been a lot of wind this year and they did not have these problems last year. He further stated about three weeks ago he asked a gentleman to clean up around the fences and , after working approximately one hour, someone started throwing dirt back over the fence to his side, therefore, he quit working. Maria Del Carmen, property owner, stated they tried to solve the problem, however, she does not feel it was right for Mr. Davis to take dirt from his side of the property and throw it back on theirs. She feels this situation Is a struggle against nature. Commissioner Vaad stated the property owner acknowledged he did receive a copy of the letter from Mr. Hoban from the Soil Conservation District, in which he suggested what needed to be done to stop the dust blowing. He ensured, through the interpreter, that Mr. Ramirez is aware of what needs to be done. Chair Gelle asked Mr. Mendoza to interpret the response letter from Mr, Hoban and have the property owners respond to the recommendations. Mr. Ramirez stated the animals have already been confined to a smaller area, they do not have a lot of animals, and they have removed the dirt from the fences. Ms. Del Carmen stated they have taken down some of the fences to see if the soil stops blowing, and they are willing to do what is asked of them. Darrell Brasier, surrounding property owner, stated he could see there was going to be a problem when he first moved out there, he has lived In this state all his life and is aware the reason for not overgrazing Is to keep the dirt down. He feels the Ramirez' nr to be educated regarding the conservation of pasture grass, and if the grass col.,es back, it may be two to three years before it is ready to be pastured again. Mr. Brasier further stated he has 70 acres of property and has lost three to four acres because of the sand, the prairie dogs have migrated to his side of the property, and by taking the fences out, the dirt moves faster. Responding to Commissioner Jerke, Mr. .,,,m weld en,m/meetines-minutes/minutes2006/mi0424.html 5/8/2006 Veld County-Mcetiags and Minutes-April 29 Minutes Page 4 of 5 Brasier stated there is no Irrigation nearby, and they only have a domestic well. Lynne Lyons, adjacent property owner, stated if the wind caused all the damage to the Ramirez' property, the surrounding properties would look just like theirs. She stated approximately one-eighth of a mile of her property is under sand, and she introduced pl -es, marked Exhibit A, showing the ditch that runs along Weld County Road 65, fillets with dust. She requested the County help repair the ditch, which is totally full of sand. She further stated she purchased her property one year ago because it was well maintained, and it is now severely damaged, She stated she has put up a snow fence on her property, and has been doing everything she can to reduce further damage. Ms. Lyons thanked the County for taking an interest in this issue and trying to help the landowners. Responding to Chair Geile, the fence has been installed over the last two weeks. Ms. Lyons stated two weeks ago she put up part of the fence from the road to the barn, and a neighbor donated part of the fence that she put up one week ago to try to protect her animals and livestock from the blowing dirt. Chair Geile explained to Mr. Ramirez that damage has taken place on the other properties because of the blowing sand, and there are pictures to prove that: there is evidence from the Soil Conservation Service that states they do not have a management plan in place to take care of the vegetation; and the purpose of this hearing is to determine whether erosion is occuring. There was no one present from the West Greeley Soil Conservation District. Mr. Barker stated If the Board wishes to order the work to be completed, the wording in the second paragraph of Mr, Hoban's letter should be included on the second page of the resolution. He stated typically the time frame for completing the work goes from one to two weeks to make certain they get those things completed. Chair Geile stated these projects would not be able to be completed in two weeks, and requested help with determining the time period allowed. Mr, Barker stated the removal of the animals has already taken place, the roughening of the property is the most critical item, there can be no more pasture activity until the grass comes back, and possibly application of a heavy manure if the prior recommendations do not work. He further stated the roughening of the property st d be completed within the next ten days, and an inspection done by Mr. Hoben in Sr-c0 twenty days Commissioner Vaad moved to include all five listed Findings of Fact, pursuant to Section 35-72-103(1), C.R.S., and that the soli must be roughened, as determined by Mr. Hoban, within ten days, with a followup inspection by Mr. Hoven within ten to twenty days. Responding to Chair Geile, Commission Wad stated the timing and further treatment should be at the discretion of the West Greeley Soli Conservation District. The motion was seconded by Commissioner Long, Before voting, Chair Geile ensured Mr. Ramirez understood the motion. The motion carried unanimously. CONSIDER VETERANS SERVICE OFFICER'S MONTHLY REPORTS AND CERTIFICATIONS OF PAY AND AUTHORIZE CHAIR TO SIGN - MARCH, 2006: Commissioner )erke moved to approve said report and certification of pay and authorize the Chair to sign. Seconded by Commissioner Vaad, the motion carried unanimously. PLANNING: CONSIDER IMPROVEMENTS AGREEMENT ACCORDING TO POLICY REGARDING COLLATERAL FOR IMPROVEMENTS (PRIVATE ROAD MAINTENANCE), AUTHORIZE CHAIR TO SIGN, AND ACCEPT COLLATERAL FOR SITE PLAN REVIEW, SPR #371 - TACORONTE FAMILY, LLC, C/O JESUS AMD ESTHER BARRON: Chris Gathman, Department of Planning Services, stated staff received collateral in the form of Irrevocable Letter of Credit, #666, in the amount of$9,400.00 for SPR #371. He stated staff has determined that the amount is sufficient to cover the proposed improvements, and recommended approval. Don Carroll, Department of Public Works, stated he has reviewed the transportation Items and is agreeable with the items and the quantities. Commissioner Masden moved to approve said agreement, authorize the C' to sign, and accept said collateral, Seconded by Commissioner Long, the motion carried unanimously. CONSIDER PARTIAL VACATION OF AMENDED USE BY SPECIAL REVIEW PERMIT #1216 - LANCE MESSINGER: Mr. Gathman stated staff received a letter from Lance . „ __ __-IA ....r...m. ., -„,;n„*nc/minntec2006/miO424.html 5/8/2006 Veld County-Meetings and Minutes-April 29 Minutes Page 5 of 5 Messinger, requesting a partial vacation of Amended Use by Special Review #1216, for Mineral Resource Development Facilities which was approved by the Board on January 28, 2004. He stated Mr. Messinger is dividing the property through a Recorded Exemption and plans to sell Lot A to another party. He stated the current operation for tY it and gas support facility is located on Lot B of the Recorded Exemption. He fut-tner stated staff recommended two amendments to the plat map: that a vicinity map be Inserted to show boundaries of the USR site and the Planning Commission signature block be removed. Mr. Gathman displayed the map, marked Exhibit A, showing the area to be excluded. He stated there is one building on the property and a site for a future warehouse that has not yet been built. Commissioner Vaad moved to approve said partial vacation including adding the vicinity map. Seconded by Commissioner Jerke, the motion carried unanimously. RESOLUTIONS AND ORDINANCES: The resolutions were presented and signed as listed on the consent agenda. No Ordinances were approved. Let the minutes reflect that the above and foregoing actions were attested to and respectfully submitted by the Acting Clerk to the Board. There being no further business, this meeting was adjourned at 10:10 a.m. BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO ____u -- __i_,,,,.:....� ...:....ram/minnt�e')nnh/min4')4 html 5/8/2006 RESOLUTION AND FINDINGS AND ORDER OF THE BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO WHEREAS,the Board of County Commissioners of Weld County, Colorado, pursuant to Colorado statute and the Weld County Home Rule Charter, is vested wfth 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 duat.iablowing from the following _ _ _ described parcel of land: Part of the NE1/4 of Section 29,Township 7 North, Range 64 West of the 6th P.M., Weld County, Colorado WHEREAS, said parcel is owned by Juan Ramirez and Maria Del Carmen, 1020 37th Street, Evans, Colorado 60620, and WHEREAS,the Board has caused an inspection of the above described parcel of land,and WHEREAS, pursuant to the information and the inspection referred to above, a hearing before the Board was held on the 24th day of April, 2006, and WHEREAS,Juan Ramirez and Maria Del Carmen were notified of said hearing by first class mail on April 14, 2006, and WHEREAS,the following persons were present at said hearing: Juan Ramirez and Maria Del Carmen, and WHEREAS,pursuant to Section 35-72-101(1), C.R.S., the Board did make the following Findings of Fact: 1. That soil is 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 appears to have been In existence for more than one year and the operation is negligent. 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. 2006-1181 EX0011 Po! M, Ex, SC.O, vIOL, (bat? DUST BLOWING•NE1/4, 529, 17N, R64W PAGE 2 IT IS HEREBY ORDERED by the Board of County Commissioners of Weld County, Colorado, pursuant to Section 35-72-103(1), C.R.S., that said property be roughened to prevent soil from blowing by May 5, 2006. BE IT FURTHER ORDERED by the Board, that within twenty days, a followup Inspection by the West Greeley Soil Conservation District occur,to determine whether a heavy application of manure or installation of a wood lath snow fence are also required, to prevent snow from leaving the property. — - - ---The-above artd f6rego7ng Resolution was,on motion duly made and secontled, adopted by the following vote on the 24th day of April,A.D., 2006. BOARD OF COUNTY COMMISSIONERS LD CO , COLORADO ATTEST: /a9 J. le, Chair Weld County Clerk to the B n CC BY: (ti*ii pat David E. Lang, Pro-Tam uty Cleirk to the Board William H.Jerke AP AST Robert D. Masaen unty Atto ey � II GI nn Vaad � Date of signature: 6'3/64r 2006-1181 EX0011 Weld County-Meetings and Minutes -April 29 Minutes Page 1 of 5 nnrn. _.. n_.. Lj' rZmrnt- t! ut Wr'7 Prr -rt Irfa.ni.a,un C.]t Ln: U-. Home > Departments > clerk to the Board > Meetings& Minutes > Minutes Weld County - Minutes Board of Commissioners Record of Proceedings JUNE 28 , 2006 The Board of County Commissioners of Weld County, Colorado, met in regular session in full conformity with the laws of the State of Colorado at the regular place of meeting in the Weld County Centennial Center, Greeley, Colorado, June 28 , 2006, at the hour of 9:00 a.m. ROLL CALL: The meeting was called to order by the Chair and on roll call the following members were present, constituting a quorum of the members thereof: Commissioner M. J. Geile, Chair Commissioner David E. Long, Pro-Tern Commissioner William H. Jerke Commissioner Robert D. Masden Commissioner Glenn Vaad Also present: County Attorney, Bruce T. Barker Acting Clerk to the Board, Elizabeth Strong Director of finance and Administration, Barb Connolly MINUTES: Commissioner Masden moved to approve the minutes of the Board of County Commissioners meeting of June 26 , 2006, as printed. Commissioner Jerke seconded the motion, and it carried unanimously. AMENDMENTS TO AGENDA: There were no amendments to the agenda. PUBLIC INPUT: Robin Perez stated she would like to appeal the decision of the Board made June 26, 2006 to deny her request for a Recorded Exemption. She stated her family is moving out of state and trying to sell their home, which is the reason they have requested a Recorded Exemption. She further stated there is a contract on a home in Wisconsin, with a closing scheduled for July 14, 2006, and the closing on the sale of their home Is scheduled in August, pending the approval of the Recorded Exemption. She stated she spoke to the City of Greeley regarding Its concerns and agreed to not fight annexation or new roads and came to an agreement for the easement. Bruce Barker, County http://www.co.weld.co.us/meetings-minutes/Minutespast/minutes2006/mi0628.htm1 5/1/2007 Weld County - Meetings and Minutes -April 29 Minutes Page 2 of 5 Attorney, stated there is nothing In the County Code regarding appeal of a Board decision; however, according to Robert's Rules of Order a motion may be reconsidered by any member of the Board who voted in favor of the motion to deny. In response to Commissioner Jerke, Ms. Perez stated she can provide written evidence of the contract on her home at the next meeting. Chair Gelle stated he would also like to see the listing agreement which states the sale of the property is contingent on the Recorded Exemption. Commissioner Jerke moved to reconsider the application for Recorded Exemption #4414. Seconded by Commissioner Vaad, the motion carried unanimously. Commissioner Vaad stated he will look closely at the City's plans at the next meeting since the incompatibility with City plans was the chief reason he was not in support of the Recorded Exemption. Commissioner Masden stated he will also scrutinize the materials for compatibility with the City plans. Commissioner Jerke stated the government should not stand as a barrier between people that have a legal and binding contract. In response to Chair Geile, Ms. Perez stated the closing date for the sale of her home was scheduled to be August 11, 2006. Commissioner Vaad moved to continue the request for reconsideration of Recorded Exemption #4414 to July 10, 2006, at 9:00 am. Seconded by Commissioner Jerke, the motion carried unanimously. (Clerk's Note: Albert and Robin Perez submitted a written request for reconsideration, marked Exhibit A, attached hereto.) CONSENT AGENDA: Commissioner Long moved to approve the consent agenda as printed. Commissioner Masden seconded the motion, and it carried unanimously. PRESENTATIONS: RECOGNITION OF SERVICES, ACCOUNTING DEPARTMENT - CAROLYN MITCHELL: Chair Geile read the certificate into the record, recognizing Carolyn Mitchell for 15 years of service with the Accounting Department. Barb Connolly, Controller, stated Ms. Mitchell always took pride in her work and was diligent about making certain payroll was processed as timely and accurately as possible. She further stated Ms. Mitchell exercised patience with upset employees and was usually able to calm them, that her knowledge of the payroll system will be greatly missed, and she thanked her for the years she dedicated to the Department. COMMISSIONER COORDINATOR REPORTS: There were no Commissioner Coordinator Reports. WARRANTS: Ms. Connolly presented the following warrants for approval by the Board: All Funds $262,583.69 Electronic Transfers - All Funds $3,099,549.36 Commissioner Masden moved to approve the warrants as presented by Ms. Connolly. Commissioner Jerke seconded the motion, which carried unanimously. BIDS: PRESENT BIDS: No bids were presented. NEW BUSINESS: CONSIDER CONSULTANT AGREEMENT FOR MIGRANT/SEASONAL HEAD http://www.co.weld.co.us/meetings-minutes/Minutespast/minutes2006/mi0628.htnll 5/1/2007 Weld County-Meetings and Minutes-April 29 Minutes Page 3 of 5 START PROGRAM AND AUTHORIZE CHAIR TO SIGN - CATHY LOESCH: Walt Speckman, Director of Human Services, stated this agreement is for a contract with the Migrant/Seasonal Head Start Program. In response to Chair Geile, Mr. Speckman stated Cathy Loesch will work will special needs children and their parents providing understanding of their rights and responsibilities, completing and submitting appropriate forms, working with the School Districts, and evaluating work. Commissioner Long moved to approve said agreement and authorize the Chair to sign. Seconded by Commissioner Masden, the motion carried unanimously. CONSIDER TEMPORARY CLOSURE OF WCR 50 BETWEEN WCRS 59 AND 61: Frank Hempen, Jr., Director of Public Works, stated the temporary closure, for the purpose of replacing Bridge 50/59A will commence on July 5, 2006, and end no later than August 18, 2006. In response to Commissioner Jerke, Mr. Hempen stated the bridge is over Box Elder Creek and the project will not Interrupt irrigation. Commissioner Jerke moved to approve said closure. Seconded by Commissioner Masden, the motion carried unanimously. CONSIDER TEMPORARY CLOSURE OF WCR 41 (1ST AVENUE) BETWEEN WCRS 64 (O STREET) AND 62 (C STREET): Mr. Hempen stated the closure is requested based on an application received from GLH Contruction. He stated the closure will be for a six-day period between July 10, 2006, and August 21, 2006, for the purpose of constructing a new section of sewer line that serves Swift and Company. He further stated construction will take three to four days and connecting pipes to the old sewer lines will require one to two days. GLH has agreed to post message boards in advance of the closure. In response to Chair Geile, Mr. Hempen stated this is a forced main specifically for Swift, and part of the line either has failed or is about to fall. Responding to Commissioner Jerke, he stated the facilities are on 8th Avenue. Commissioner Vaad moved to approve said closure. Seconded by Commissioner Jerke, the motion carried unanimously. CONSIDER NONEXCLUSIVE LICENSE AGREEMENT FOR THE UPGRADE AND MAINTENANCE OF WCR 14 AND AUTHORIZE CHAIR TO SIGN - EVELYN YURK : Don Carroll, Department of Public Works, stated the Nonexclusive License Agreement is for upgrades and maintenance of Weld County Road 55. He stated the Department has contacted the adjacent property owner, there is 60 feet of right-of-way available, and the road is in good condition. Commissioner Jerke moved to approve said agreement and authorize the Chair to sign. Seconded by Commissioner Masden, the motion carried unanimously. CONSIDER APPLICATION FOR A TEMPORARY ASSEMBLY OF MORE THAN 350 PERSONS ON OCTOBER 14, 2006 - NICK SEKICH: Mr. Barker stated Nick Sekich is not present and it would be appropriate to continue this and the following Item and the next to July 5, 2006. In response to Commissioner Jerke, Commissioner Vaad stated he has been in communication with Mr. Sekich and the event is for a Sugarbeet Festival, similar to a Farm Show or Hay Days, and is across the road from a major sugarbeet receiving station. He further stated the Sekich family tried to organize this event last year and ran out of time, but http://www.co.weld.co.us/meetings-minutes/Minutespast/minutes2006/mi0628.html 5/1/2007 Weld County -Meetings and Minutes -April 29 Minutes Page 4 of 5 there Is a lot of support for the event, including the Mead Chamber of Commerce. In response to Chair Geile, Mr. Barker stated the Sheriff's Office has expressed concern regarding the number of cars that will utilize Weld County Road 13 and State Highway 66. Chair Geile stated the Board could approve the request and ask that Mr. Sekich work out the issue with the Sheriffs Office. Craig Emil, Assistant County Attorney, stated Mr. Sekich is also requesting the bond be waived, since the event is being held on his property. In response to Chair Geile, Mr. Emil stated the purpose of the bond is to ensure that clean up occurs. commissioner Vaad stated the Seklch family has a great reputation for taking care of their property and If any debris blew into another area he is confident they would take care of it. In response to Chair Geile, Mr. Barker explained the following item involves getting permission from local and state authorities to serve alcohol. Commissioner Vaad moved to approve said application and waive the bond requirement. Seconded by Commissioner Jerke, the motion carried unanimously. CONSIDER APPLICATION FOR A SPECIAL EVENTS PERMIT AND AUTHORIZE CHAIR TO SIGN - MEAD AREA CHAMBER OF COMMERCE : Commissioner Jerke moved to approve said application and authorize the Chair to sign. Seconded by Commissioner Long, the motion carried unanimously. CONSIDER RESOLUTION RE: DUST BLOWING COMPLAINT - JUAN RAMIREZ/MARIA DEL CARMEN: Mr. Emil stated notification of the hearing was sent to Juan Ramirez and Maria Del Carmen via certified mail, but evidence of receipt has not been forwarded to the office. He stated Nick Hoban, West Greeley Conservation District, recommended the County take care of the Issues that he identified and that have not been resolved by the property owners. He stated there are 10 to 20 acres that still need to be roughened with a chisel plow, and a wooden lath snow fence needs to be erected to ensure the soil stays on the property. In response to Chair Geile, Mr. Emil stated the board's approval is necessary in order to use County funds to hire a third party to bring the property into compliance. He further stated there is a provision In which reimbursement can be sought by the County in the amount of $15.00 per acre; however, the reimbursement amount will not cover the entire cost. In response to Chair Geile, Mr. Emil stated the animals have been moved to a contained area, some of the property is recovering and has new growth; however, there is a portion of the property that may not recover. In response to Commissioner Jerke, Mr. Emil explained State Statute mandates that the County is only able to seek reimbursement of the actual cost or upto $15.00 per acre, whichever Is less. In response to Chair Gelle, Mr. Barker stated the reimbursement issue is not something the County can address in the Charter because the authorization for the action is through State statute. Commissioner Long moved to approve said resolution. Commissioner Jerke seconded the motion. Mr. Barker stated the Board needs to decide on authorization to do the work and to collect the reimbursement. Commissioner Long and Commissioner Jerke modified their motions to include both additions, and the motion carried unanimously. CONSIDER RESOLUTION RE: AUTHORIZE BOARD OF COUNTY COMMISSIONERS TO CONVENE AS A BOARD OF EQUALIZATION FOR CALENDAR YEAR 2006: Commissioner Jerke moved to approve said t.nn.//nnvu,nn.rlA rn uc/meetinae-mimrtesfMinutennact/minutes2006/mi062R.htmi 5/1/2007 Weld County-Meetings and Minutes- April 29 Minutes Page 5 of 5 resolution. Seconded by Commissioner Masden, the motion carried unanimously. CONSIDER AMENDMENT TO UTILITIES COORDINATION ADVISORY COMMITTEE BYLAWS: Mr. Barker stated the Utilities Coordinating Advisory Committee has approved the changes. Commissioner Masden moved to approve said amendment. Seconded by Commissioner Jerke, the motion carried unanimously. CONSIDER AMENDMENT TO BOARD OF ADJUSTMENT BYLAWS: Mr. Barker stated the purpose of the amendment is to bring the bylaws into conformance with the Weld County Charter provision which was amended last fall. Commissioner Masden moved to approve said amendment. Seconded by Commissioner Long, the motion carried unanimously. RESOLUTIONS AND ORDINANCES: The resolutions were presented and signed as listed on the consent agenda. No Ordinances were approved. Let the minutes reflect that the above and foregoing actions were attested to and respectfully submitted by the Acting Clerk to the Board. There being no further business, this meeting was adjourned at 9:57 a.m. BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO httn://www.co.weld.co.us/meetings-minutes/Minutespast/nunutes2006/m10628.html 5/1/2007 RESOLUTION AND FINDINGS AND ORDER OF THE BOARD OF COUNTY COMMISSIONERS WELD COUNTY,COLORADO RE: TREATMENT OF PROPERTY OWNED BY JUAN RAMIREZ AND MARIA DEL CARMEN,AND ESTABLISHMENT OF LIEN AGAINST SAID PROPERTY FOR COSTS INCURRED IN SUCH TREATMENT, UP TO LIMITS SET FORTH IN 35-72-105(1), C.R.S. 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�ColoraKie 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! Part of the NE1/4 of Section 29, Township 7 North, Range 64 West of the 6th P.M., Weld County, Colorado("the Property), and WHEREAS,said parcel is owned by Juan Ramirez and Marla Del Carmen,102037th Street, Evans, Colorado 80820,and WHEREAS,a hearing before the Board was held on the 24th day of April,2006,at which time the Board ordered the property to be roughened to prevent soil from blowing by May 5,2006, and WHEREAS,a fotbwup Inspection by the West Greeley Soil Conservation District has been completed,with the recommendation that the property be again roughened with a chisel plow,and a wood lath snow fence be constructed(see the attached Exhibit 1), and WHEREAS,on the 28th day of June,2008,a public tearing was held before the Board of County Commissioners forthe purpose of hearing testimony relating to said dust blowing complaint, and WHEREAS.Juan Ramirez and Marla Del Carmen,propertyowner(s),were not present at said hearing; however, notice was sent to them by certified mail(see the attached Exhibit 2), and WHEREAS,the Board of County Commissioners deems it advisable to contract for the completion of the recommended work,pursuant to the authorityset forth In Section 35-72-103(2), C.R.S.,and to assess the costs of such treatment against the Property through the establishment of a lien,pursuant to the authority set forth in Section 35-72-105(1),C.R.S.,to the limit set forth in said statute,after hearing before the Board. 2006-1746 K'% Ceti ; W 15 tl isc. (b rn.{ PL0824 t C A or-at-0o VIOLATIONS-DUST BLOWING COMPLAINT-JUAN RAMIREZ/MARIA DEL CARMEN PAGE 2 IT IS HEREBY ORDERED by the Board of County Commissioners of Weld County, Colorado,that Weld County shall cause the treatment of the Property,as recommended by the West Greeley Soil Conservation District in ExhIbit 1. IT IS FURTHER ORDERED by the Board that pursuant to Section 35-72.105(1),C.R.S., assessment of the costs for the treatment performed, be, and hereby is, established as a lien against the Property,to the limit set forth in said statute. Theaboveand foregoing Resolution was,on motion duly made and seconded,adopted by the following vote on the 28th day of June.A.D.,2006. v BOARD OF COUNTY COMMISSIONERS WELD s TY, COLORADO ATTEST: ` 1� iii r I. . ells Nair Weld •unty Clerk to 14 BY: 4 ` r David . Long. Pro-Tern Dap 4 Cleric „ he Board m N.Jerks R D AS Robert D. sI n my Attorney 4t.ud Glean Gaad Date of signature: CI 21 la, 2006-1746 PL0824 MAY-01-2007 TUE 03: 10 PM WELD CO GOVT FAX NO. 9703520242 P. 02 • a WELD COUNTY ATTORNEY'S TENTHY'S OFFICE SF I REET P.O. BOX 758 GREELEY, CO 80632 WEBSTTE: www.co.weld.co.us PHONE: (970) 336-7235 C. FAX: (970) 352-0242 COLORADO CERTIFIED MAIL April 23, 2007 Juan Ramirez Maria Del Carmen 1020 37th Street Evans, CO 80620 RE: Board of County Commissioner's Consideration of Dust Blowing Complaint on the following property Range 64 West of the 6th P.M., Part of the NE 1 of Sec. 29, Township 7 North, Weld County, Colorado Dear Mr. Ramirez and Ms. Del Carmen: On June 28, 2006,the Board of County Commissioners of Weld County adopted a Resolution concerning steps to be taken on your property to prevent future dust blowing damage to neighboring properties. However, dust and sand continues to blow from your property. On this date, April 23, 2007, Weld County has received another complaint from a property owner whose property has been substantially damaged by the dust and sand blowing from your property. On this date, the office of the Natural Resources Conservation Service has been contacted to investigate the problem and to make recommendations as to the steps you must take in order to cure the problem on your land. This matter has been set for a hearing before the Board of County Commissioners of Weld County on May 7, 2007 at the hour of 9:00 a.m. You should plan to appear and to give testimony. The meeting will take place in the First Floor Meeting Room of the Weld County Centennial Center Complex, located at 915 10th Street. If you have questions, you may call me at 356-4000 Extension 4394. Yours truly, l i` ,/e 4d.: �.7 Z % S phante L. . ine s Assistant Weld County Attorney eE t �iVi -V,•••.•,; '` _ s 1: y:. 1 a .iii Zj. Grp Q 1 _ �s, 25 YI Ci . k4 S 7 �J fit r i "Jp t i; t, t t - 1 - ,ts - - .. - - k q � q � r .--...,,,,--",w,” 9 G 47;. *. c y'n n .i ,• ' '9 R ,,•••„1,-.•,,•,;•rwut>a sett° " ta s ,3 y`pw i5 4 s �, z d5 Yl -g y x ^" ,. `'� iM A 4M i Yi 5 si __rr q r-0v�t- vi-,a,-11/45; .r 5s ay y� {� 's �'i"'*dn <.% .7r'-$ t� tom- fi J s ,°✓ r &,w« �1. JJ.Y if">rt 5 ! -4,,,S�' :rs+ E x��m ,( ^ ,' t r c ,5' fr..�'sh 1m y f y �. � " rer p�».F, a3�tSe3a4 p _ ",.yew,'y.. ;.- ..: x y, t y r �r+y. .111 i �Fj �E j '.n afxas w r i .i� g'pIs tr r�r - c C�*'T^'�x' � ' - ....Y... tt�`. «<a I- - fit,. ..z • Y k a `4`^ 1c"at 'r.wpt i Nii "Res ‘ » S Pr 5 Po s r rr� Yn .p.Im J z kir7AA "7; a-44— m 3 px M • • .t 4F (t • A Crl+ r r,. -w ' kt - p xS ,, +# t f a - ,- `a"� S R 11Y' J ,vim'#��F' � V �' , ::".;,:#4..9,4"--4t.:,• t A ie"ti r )1 „A w}� .4� �4,i t Y"„ " A 1.. h1FHStY U'�/ �4 k �R ° '�i\ u"'�yp J d i 3 d.� ,k • • S4'Y'...-.7.44‘,..,-.n..,-.".,..,.. }' -1,*4, '{� .,x x,. m,:•0 Ms'E ' P ..am. ? +,*+a m. ewy+.. 'u'+s .y w.v� • • f i ti}t Fssy J P "q.-^e3A ^�'?" d$.Y 'b 31.."�ti'�f > T+" "v • m4 N .'7si• . • }f,�y�lyn 4, ' � it ilia r t r t+sre • • • • • e : e 40- -as �z ", r his, b w fY ti f , pay '; p N As,� Tf w •' 9 ,� y e •� w r TM. Stephanie Arries From: McFarland, Stu -Greeley, CO [Stu.McFarland@co.usda.gov] Sent: Friday, May 04, 2007 12:42 PM To: Stephanie Arries Subject: Ramirez Attachments: DA letter2.doc DA letter2.doc(154 KB) Ms. Arries, Please find attached my second letter expounding on proposed solutions to the Ramirez blowing complaints. I received a response from Herman Garcia, NRCS State Rangeland Management Specialist, and he is open to working with Mr. Ramirez and the Commissioners to resolve this situation. I am in the process of compiling some more detailed information to email to him. I will just pass your contact info along to Herman and suggest that he coordinate directly with you. I doubt he will be available Monday morning, but I think involving Herman as soon as possible would be a very smart move. I would consider my attached letter as "interim" recommendations until Herman can formulate his opinion. Sorry for the delay with this office's response. Let me know if you need anything in the meantime. ******************************•****** r****** Stu McFarland Soil Conservationist Natural Resources Conservation Service Greeley USDA Service Center 4302 W. 9th St. Rd. Greeley, CO 80634 970-356-8097 x3 *****************************s************** 1 « » \ / '.- �� ^ \ « � ��2 . �+ »� © ± y EXHIBIT 2 :z , . . - . . . w - y d< a . . « \ \ \ 2m . . 114 \ d J " o iv- \ \ - !;;:$ . � �a 2 ��sis., . . . . 2 . . , , y cy. . \ + 2 « . 1 WM= n e e +i This photo was taken April 21. 2007. It is the front pasture of the Ramirez property and shows goats grazing. It is our understanding that the County asked them to stop grazing their front pasture. EXHIBIT S � � YS } t sec: vim 7 c'a Ak r m Tl� K � f This photo was taken April 29. 2007. It shows one of sex cral piles of blown dirt that we have accumulated on our property from hauling the blown dirt away from fences and gates. All _., ate\ we - - DS- ..xR y �. -� W ih,r, r .. +. . • • ,1 , a - .I' r .0,:... - This photo was taken April 29. 2007. This photo faces south. It shows the blown dirt which continues to pile up on our fences. ,.� �+ N. ^44 i.-f r to r ,'p _r 3. .t�,n r ! i ' h Yw' :)"..;%,.'' *P.. '- t -. t. f 6ti 4 �.t ., #t y R y -. yxK ,..s a.;, .,,44.‘,.41'.,.:t " :',• . .' This photo NA as taken April 29. 2007. It faces north and shows that the blown dirt piled up on our northern fence is as tall as the top of the fence. The Ramirez property is in the background. „., W 'i t, yet le .',I II � , w c q 111 3 ry sal ¢ . ' JC' x+ ,ti-t.... • a ^ Y t. .. .. �\''ws ti oq �!,dal+ 'A.. • °tea ,3 -1W”' ;v.. - 1 This photo was taken April 29, 2007. It is ofa north view of our fencing and shows the blown dirt piled up to the top of the fences. It shows out fences starting to collapse under the weight of the blown dirt. eI he photo faces the Ramirez property. r '''' T" —___7_,_____. , .....„.... .,...;:y..._ ,.........:,,..:1,fy:...., y74:r 4 `' 4H ,1� ,4' . ,P 'a' x, ry "^-A,•••:-,:- L ,,,- ,4. �� so-.t„-,-41 '•1. s� irdirid-'St`;y ra _ y / a. sue. 74' 'k This photo was taken April 29. 2007. It shows our shared fence line with the Ramirez, lacing northwest. T " .d...,yf b t °9 uu1 .. 9 � ik o P S y p [; 4 "a" .y✓ d p \ x a to .'.',$•,+r,i s,- z - TA: ! ,i, 5l mac: ;,,; N ,.�„�•§I��x,. z` F+ . �"F . , 4 3 � . r.„.,-,,,.. .. t. �rw ry tF Ati•¢+ „.-4., F �. y r "x. ': "a—VS' "t h +{s -4ir v p a- . C -7.14±4400.4 �g + � s ;y•X J o '' fhis photo was taken ,April 29. 2007. It is of the fence line dividing the Ramirez property from our propert}. It shows the height of the blown dirt piles. It also shows the top of the I— -cline �thieh is sagging from all the weight of the dirt. 'T M11a1:1 °`T.'.- MN}MNF�" W ay 'Cllh,rIMS� 91•• _., 1 `� E a ,tpp 4 aWwr. yr� k x. t 'Sri �.. im • i Y ^ i � ¢ Fj�C1 ^yam. 4C.-`-•;.2.44;:::...7, ;. �^ TM�' E fi .L a 5t ti �, s n i A ` ' This photo was taken April 29. ?007. It faces the Ramirez property and shows the hlown sand piled on the northern fence line. EXHIBIT .11.'I. . xx fl� „t? - 4,4 �Y'��,1 ST ,t` �p 41't 1 ., • A w Al � b �41r A .r- £. 1 i- 15� ?.� pt. = tie fit % a� l - s 1 Y v -I�f t I r. I\ -, _ - Pe F N 1 r r L- J r r..) -0 5 p C Y+ J r It: til it I F t y Y 1 i R { r p. " ` _ �+�[.... M, #'1'1.'X6': r'. 'its' +� Y %h` . ark. t 1h iA N ii" E � '4 .4 r t 1 IS: t rfils j i` yf. �� 'r i 9 'tT 7 '. pl., t" ' �AS) wt t'sA "ii.t .s 'Ile ftY`1441 "tt eft t 1i b tiU hs k i ' q ; g*mr yri`14 V. Y'Vfr`4 lif"9 t 1 P, 1 r` • 5 �` QA's r��ka. °e!`'.` � ,I. - c. r. "Y AKA 'it r, (dr _U > y k t f S y� — r G O �F 2 - _ v .... G �,n 4�' tr .3 r ey ii, E. p E�E ti e.:- t — S4 C r _ j ill,pp'1' 5: } 1 .-.7; vp ./: 3 .-c U. 3 { •Pr 4t 'c A YAK}... Ji e MF 44 ti .,:f-._$ - { 1e r } Y- R tk. Y t 1 'C't qs t 3, li 6,"1..i {i Pr' p t 1 1' t•)'''1 �/ e 'C; 41 "'91" .' ' ';k ',I,'S;' )4Lt' 1 1(.7,,3 I " : ';'' ,. ' ;I; t' .k,it..1 ''''''' 4A'S'f' 1 .: ;! , " i r Y c tb IL �. t r •≥ vY a k Y° y,p, BMW •. - _ _ ¶ ',' 4-t r c. 2 ' } \ ., k+tor . irk 9. Y , , —_.. hII ,. b t'y iltict i At it 1S'5 � � I e i h ,h,,,. r � �• .mot /.. y �'n • e „: 99FFlyi }' . V Y - ll r - . 3 ..\ .-v 1•r if tr Z s g + *.p r R r� Ap 7 a��„AnYS'.... .,-;--`4.1,, d g� z , .. S 15 �' C M•?�- ' i �y„ mac- .v .ita `�� L ''',..4-4 y4 yy! � `4'tr F P st9" �k ye:. y -✓� _ ./•'-.R +q� J P f..--1/4-4.,..7.; xt I'm { ,, �" ... y brn i Z d .Y j a fi ai -o , 4I' 4. . ... i t a1 Y'r .�Y��, � G y �.. J r . jl { t 1 r V _ ..._ x r D, I '7.,..!9:IN?1 t'' f ;;"•r". ,t,, ''-, , ' ' - ::- E: F y A i - peT'A 1 rt p. �� < � LV.� Id L₹ e a ,_ 1: r a '5.,,n- ,_, �y F) WL'ftst,: ,, :',fir r 4 x r " :* , ; '"L.41' ice i'.1 CI', a u tE S f ! r ' .r AtM r # { c� a a "� c.,:).,:)..,,,-1, r r ! VI t 4 f U.f Af N i - k9� k m 3'.•: µ � u r k,''4,1 g}Mot, 71,}r p r .y yi i r tl 1 S. ti' f+. , 3 { r2! i* ,j r. a S' 1.3;),,, ! Hi. . U r. r1 # • wit. ' t 1. t f`c #x. L 7n? f) ;1- E, — ;� i !, i oh ti� l` ;� (x A 1� w Cr f • — D 4E s v, 75 7 }€�t 4 .' ; [ " p 1 .-? G r C r. e - a • -M i,p 4 -$1 '' / R'#'�.,.g� .}F "I'.---e.. .-2_1:„.,,,•,.-:- .u. A+. sup ,. yj,,?rv. AaMkF 9'A. .. h' 1 '� -✓iSF,,ck Fee'' .f ""F," 'a t'a tCa.fw�` w , '4.. � - 1 '-0'N 'i l'"rt Z T Wish s f, "t4. n . w, .14.: >xrvN,;;.4i . � • s 0"':5.". ." ire Y rye '+ 3 ^ ., a �"xr ,, Y '�.' x'65 I'his photo was taken April 9. 2006. It is a close up of the northern fence line of the Lyons property and shows the sand dunes piled up on our shared fence line with the Ramirez property. 7,-C. t ap ,1.� k kS'fk �S ?RARiINR ( int ,:.. r r 3 t k5t rind��ir '14:" `,, 'x tw * �� = e3 `4., s- n4� xta,� rj.� �'3• z' ri N p"- 'T 1 4 f This photo was taken April 9" 2006. It is facing south. in the opposite direction of the Ramirez property. It shows that the damage to our property extends far beyond the northern knee line. This is a walk through gate located south of the house and south of the shop building. The blown dirt is piled so high that we cannot even go in and out of our gates. • y t I :,",* aawr: I� h",.,,. .ir�� aye. s • '' c Iix 'ycvF •. . # �£ y YI ,;Y s`{yxep "At: cr."' at ,:tit 4' "M �-s y..0 � [his photo was taken April 22, 2006. It shows the damage caused by blowing soil to not only the fences, but to the drainage ditch on the west side of Weld County Road 6�. If this dirt continues to pile up. it could become a Weld Count). Road hazard. Page 1 of 1 Lynne Lyons From: Lynne Lyons Se. Wednesday, April 12, 2006 12:08 PM To: 'bbarker@co.weld.co.us' Cc: 'nick.hoban@co.udsa.gov'; Lynne Lyons Subject: photos Attachments: lawn.jpg; north fence line.jpg; north fence line 3.jpg; north fence line close up.jpg; north fence line 2.jpg; Galeton.jpg Mr. Baker: Per our conversation yesterday, here are some photos of my property to give you a visual idea of the damage- The one titled Galeton is how our property looked when we moved in one year ago, last April. The one titled lawn shows that our once grassy lawn is now under several inches of loose sand The ones titled north fence are all of the fence dividing my property from Mr. Ramirez's property. I am very grateful to you and to Mr. Hoban for all your efforts to bring this situation to a resolution. When the wind blows, which is often!, the blowing sand, dust and dirt is so bad that we cannot open our windows, cannot go outside, cannot put our dogs in their outdoor kennels, and I am worried about the potential adverse effects on the health of my livestock. Both my husband and I are now constantly suffering from sinus headaches. Please do not hesitate to contact me if you have any questions. Please keep me informed regarding the hearing before the Board of County Commissioners. We would like to attend if possible. Thank you, Step: and Lynne Lyons 37701 L.ounty Road 65 Galeton, CO 80622 970-656-3815 home 303-831-9245 Lynne work EXHIBIT I D ;cam_►c,cl 4/12/2006 .i t. ." E*'' . — w. • s , .. 444 . a k pi; 5 t5 1.44 1 i i • 4„. r . �. f%}S1 1 ,1'r+ i i .a*.' tit , `f1 �.i�' a iiit J , ff.."1,7' ,may, t • k '4 r¢ .k r? t •'r o- ;- 4 ,'�•y ! ` ', 3 .yam '.E S;51 : .t. . •J i. 1 G ,} i v tx ff Yt i t � d s ♦ e } P p . % « - i K4 _ .. 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