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Home My WebLink About20021097.tiff RESOLUTION RE: ACTION OF BOARD CONCERNING DUST BLOWING COMPLAINT -WESTERN EQUIPMENT AND TRUCK, INC., AND WETCO FARMS, INC. 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 parcels of land: NW1/4NW1/4 of Section 11, Township 4 North, Range 66 West of the 6th P.M., Weld County, Colorado, and NE1/4 of Section 10, Township 4 North, Range 66 West of the 6th P.M., Weld County, Colorado, and WHEREAS, said parcels are owned by Western Equipment and Truck, Inc., and Wetco Farms, Inc., 2055 1st Avenue, Greeley, Colorado 80631, 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 29th day of April, 2002, and WHEREAS, Western Equipment and Truck, Inc., and Wetco Farms, Inc., were notified of said hearing by first class mail, dated April 18, 2002, and WHEREAS, the following persons were present at said hearing: John Wicke, West Greeley Soil Conservation District. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld County, Colorado, that the Dust Blowing Complaint against Western Equipment and Truck, Inc., and Wetco Farms, Inc., be, and hereby is, dismissed. Cc '. CA- w('rSCt) c, o e camp 2002-1097 EX0022 DISMISS DUST BLOWING COMPLAINT -WESTERN EQUIPMENT AND TRUCK, INC., AND WETCO FARMS, INC. PAGE 2 The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 29th day of April, A.D., 2002. BOARD OF COUNTY COMMISSIONERS WE COUNTY COLORADO ATTEST: gag AAA_ 0at124 GleVaad, Chdif Weld County Clerk to 9 . ...,_t � -112 David E. ong, Pro- e BY: t.. . �► �.. a Deputy Clerk to the =• rM. J. Geile APPROVED AS TQ FOR . a t,i l/ VVl1Y{{ff is H. J rke County Attor ey V , , AIN\LL Robert D. Maslen Date of signature: 7 2002-1097 EX0022 a WELD COUNTY ATTORNEY'S OFFICE rat 915 TENTH STREET P.O. BOX 758 GREELEY, CO 80632 n WEBSITE:www.co.weld.co.us PHONE: (970) 336-7235 C. FAX: (970) 352-0242 COLORADO April 18, 2002 CERTIFIED MAIL Western Equipment& Truck, Inc. 2055 Pt Ave. Greeley, CO 80631 RE: Dust Blowing Complaint for Property Located in the Northwest Quarter of the Northwest Quarter(NW'/<NWY) of Section 11, Township 4 North, Range 66 West of the 6th P.M., Weld County, Colorado Dear Sirs and Madams: 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 depositing on property owned by Timothy and Laura Cook at 22740 WCR 33, LaSalle, Colorado. Enclosed is a copy of a Dust Complaint form taken on April 16, 2002, describing the dust blowing and consequent damage. Also enclosed is a copy of the Weld County Assessor's map showing the properties and copies of the parcel information corresponding to each 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. I have asked Mr. Nock Hoban, West Greeley Soil Conservation District, to inspect the properties and to inform the Board of the results of his inspection and any recommendations he may have for remedial measures to be performed by you or your agents on the subject property owned by Western Equipment& Truck, Inc.. Pursuant to C.R.S. § 35-72-1030), the Board of County Commissioners may order treatment of the parcel to accomplish such recommendations. Any such treatment would be at your expense. The Board will hear the matter at its regularly scheduled meeting on Monday,April 29, 2002, 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 2002-1097 Letter, Western Equipment& Truck, Inc. April 18, 2002 Page 2 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 4390. cerely, Bruce T. arker Weld County Attorney Enclosure pc: Nick Hoban Timothy and Laura Cook Identify Results http://maps.mercick.com/Website/We...cel&pin=105711000079&acct=R4394086 Parcel Valuation Account#: R4394086 Parcel#: 105711000079 Owners Name & Address: Property Address: WESTERN EQUIPMENT &TRUCK INC Street: 2055 1 AVE City: GREELEY, CO 80631 Business/Complex: Legal Description 17063-A NW4NW4 11 4 66 EXC UPRR CO RES (1R) Land Value $12,372 Land Assessed Value $3,590 Imor. Value S0 Imor. Assessed Value Total Value $12,372 Total Assessed Value $3,590 Total Taxes: $220.00 Amount Due: $220.00 Tax Area: Bordering County: Township Range Section Ouart. Sec. Subdivison Name Block# Lot# 04 - 66 - 11 - 0 - - Acres: 39 Sq. Ft.: 0 Sale Price Sale Date Deed Type Reception # $585,000 3/14/00 WD 2755502 1 of 1 04/17/2002 11:14 AM a WELD COUNTY ATTORNEY'S OFFICE S 915 TENTH STREET f P.O. BOX 758 GREELEY, CO 80632 WEBSITE:www.co.weld.co.us PHONE: (970) 336-7235 C. FAX: (970) 352-0242 COLORADO April 18, 2002 CERTIFIED MAIL Wetco Farms, Inc. 2055 1s`Ave. Greeley, CO 80631 RE: Dust Blowing Complaint for Property Located in the Northeast Quarter (NE'/<) of Section 10, Township 4 North, Range 66 West of the 6th P.M., Weld County, Colorado (Lot B of Recorded Exemption #1905) Dear Sirs and Madams: 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 depositing on property owned by Timothy and Laura Cook at 22740 WCR 33, LaSalle, Colorado. Enclosed is a copy of a Dust Complaint form taken on April 16, 2002, describing the dust blowing and consequent damage. Also enclosed is a copy of the Weld County Assessor's map showing the properties and copies of the parcel information corresponding to each 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. I have asked Mr. Nock Hoban, West Greeley Soil Conservation District, to inspect the properties and to inform the Board of the results of his inspection and any recommendations he may have for remedial measures to be performed by you or your agents on the subject property owned by Wetco Farms, Inc. 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. The Board will hear the matter at its regularly scheduled meeting on Monday, April 29, 2002, 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 Letter, Wetco Farms, Inc. April 18, 2002 Page 2 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 4390. S�cerely, nice T. er Weld County Attorney Enclosure pc: Nick Hoban Timothy and Laura Cook dentify Results http://maps.merrick.com/Website/We...cel&pin=105710100018&acct=R6795496 Parcel Valuation Account#: R6795496 Parcel#: 105710100018 Owners Name & Address: Property Address: WETCO FARMS INC Street: 2055 1 AVE City: GREELEY, CO 80631 Business/Complex: Legal Description PT NE4 10-4-66 LOT B REC EXEMPT RE-1905 (3.13R) Land Value $54,122 Land Assessed Value $15,700 Imor. Value S0 Imor. Assessed Value S0 Total Value $54,122 Total Assessed Value $15,700 Total Taxes: $955.64 Amount Due: $955.64 Tax Area: Bordering County: Township Range Section 0uart. Sec. Subdivison Name Block# Lot# 04 - 66 - 10 - 1 - - Acres: 39.86 Sq. Ft.: 1736302 Sale Price Sale Date Deed Type Reception # $285,000 7/15/96 WD 2501424 1 of 1 04/17/2002 11:15 AM DATE : 0067 TIME : `Y• 9{0 /►!y9 DUST COMPLAINTS 1 { IC t Namfe, Address , and Telephone Number of Complainant: U?oZ7 /C &JCL a3 Description of Property From Which Dust/ is Blowing: fvbeS ' I x/41 di`r.e.c`+( ,,it(-411 a j Co fc is n ulAQd b-y c riA4rrl e;� Description of Damage to Public or Private Property: _ ,Q//2 7 47S///7 AI C q` C_A 0)C.i (14.c.71- (-455 Name, Address, and Telephone Number of Owner or Operator of Pr erty: ) (r"aI el S a_rroG�J / 7 /5r/ e- G( �,/ 11 Other Information: Cook (1 0/1/(Le..--6 r'T'c�7,cJ C'ca(.K 14 Ai ( 3 u h e v a pe,ra.f) ✓ _. Follow-up: ASK THE COMPLAINANT TO PUT THIS INFORMATION IN WRITING AND SEND THE SAME TO: CLERK TO THE BOARD, P . O. BOX 758 , GREELEY, CO 80632 . Identify Results http://maps.merrick.com/Website/We...cel&pin=105711000086&acct=R0949901 Parcel Valuation Account#: R0949901 Parcel#: 105711000086 Owners Name & Address: Property Address: COOK TIMOTHY G & LAURA L Street: 22740 33 CR 22740 WELD CO RD 33 City: WELD LASALLE, CO 80645 Business/Complex: ........ ................... Legal Description PT SW4NW4 11-4-66 LOT A REC EXEMPT RE-2688 (.17R) SITUS: WELD Land Value $130 Land Assessed Value $40 Imor. Value $119,865 Impr. Assessed Value $14,730 Total Value $119,995 Total Assessed Value $14,770 Total Taxes: $905.14 Amount Due: $905.14 Tax Area: Bordering County: Township Range Section Quart. Sec. Subdivison Name Block# Lot# 04 - 66 - 11 - 0 - - Acres: 3.32 Sq. Ft.: 144619.2 Sale Price le Date Deed Type Reception # $0 1 of 1 04/17/2002 11:12 AM Weld County, Colorado wysiwyg://0/http://maps.merrick.com/website/weld/MapFrame.htm Weld County, Colorado m S Legend Salads FaaWace ay Lea El IS Q e.mw Ej organ ® armncec Li Satin F.n E0 Era El Ern El4rpbn '..� t\A AUW^ Eff rodent Hartery EI Grit El madam pia Ej No-my Lase ttC, Laren' ® Mal Ej Maki. ffinnisymer t'to-rrver—C .�, _. .< '4114ED.. Nam nGdm AneMa Segos ® WSW County Batlw _..i Penaec Q Qtr.Section GM Pnologeapny 105711000086 OOK TIMOTHY G&LAURA L otal Taxes: $905.14 12740 WELD CO RI)33 mount Due: $905.14 d ASALLE,CO 80645 1 of 1 04/17/2002 11:14 AM 04/25/2002 15:57 9703510392 USDA SERVICE CENTER PAGE 01/01 WEST GREELEY "\ ` ` '.` SOIL CONSERVATION DISTRICT 4302 W. 9'h St Rd. Greeley, Colorado 80634-1398 (970)356-8097#3 Weld County Attorney's Office Bruce Barker 915 10°Street Greeley, CO 80632 April 25,2002 RE: Dug Blowing Complaint Dear Mr. Barker, Ion Wicke,the District Conservationist with the USDA's Natural Resource Conservation Service; and I made a field visit to the property of Laura Cook's. We met with Ms. Cook, and saw some damage caused by the blowing soil in her pasture,native grass area, and around shrubs. It is the opinion of Mr. Wicke and myself that the operators of the fields that were blowing have done everything reasonablely possible to stop the soil from blowing at this point. The operator to the north has roughened the soil and the operator to the west has watered with a center pivot. We would recommend that more residue be left on the surface of the fields in the future to prevent it from blowing. I would also like to encourage the operators to work with their neighbors on matters such as these to resolve problems before they reach this point. Mr. Wicke will be available Monday,April 29,2002, at 9:00 a.m., for the Board of County Commissioners if any further comment is needed. In the mean time, if you have any questions or comments please call our office. Sincerely, Nick Hoban WOSCD District Manager OPTIONAL`°^"a TI-A01 FAX TRANSMITTAL 00,0.0•5► f To Prom VLv • a DS IA*, .. 3S(e %o'c ,r3 Fox 35Z-O4a. �e ), • -SS\- era NsN?ew_or.an_nee sow-101 oetienu ssmocce Aoeerae RA11 8 Hello