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Home My WebLink About20030878.tiff RESOLUTION RE: ACTION OF THE BOARD CONCERNING DUST BLOWING COMPLAINT - SE1/4, 522, T8N, R66W 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 property located in the SE1/4 of Section 22, Township 8 North, Range 66 West of the 6th P.M., Weld County, Colorado, lying west of U.S. Highway 85, and said property being owned and/or operated by Timothy and Elane Swaney, 1575 Weld County Road 90, Pierce, Colorado 80650, 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 26th day of March, 2003, at which time the Board deemed it advisable to continue the matter to April 2, 2003, to provide follow up notification to the property owners, subsequent to the notice of hearing, dated March 17, 2003, which was not received by the property owner, and WHEREAS, Timothy and Elane Swaney were notified of said hearing by first class mail, dated March 25, 2003, as well as by telephone, and WHEREAS, at said hearing on April 2, 2003, the following persons were present: Phil Brewer, Weld County Department of Public Health and Environment, with the property owners not being present, and WHEREAS, the Board of County Commissioners heard all of the testimony and statements of those present, studied the recommendations of the West Greeley Soil Conservation District, Weld County Department of Public Health and Environment, and the County Attorney's Office, and all of the exhibits and evidence presented in this matter and, having been fully informed, ordered that the dust blowing complaint be dismissed. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld County, Colorado, that the dust blowing complaint be dismissed. 2003-0878 EX0011 (;() ; tk, f/L 1 C IOC / COMA , 1,0C-C4 RE: DISMISS DUST BLOWING COMPLAINT - SWANEY PAGE 2 The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 2nd day of April, A.D., 2003. BOARD OF COUNTY COMMISSIONERS �,�,�� WEL 6 •OUN�COLQRAD� ATTEST: � � /�'!/� iI� 1eikaC ILa�� vid E. Long, Chair Weld County Clerk to th toa tra Robert D. M den, Pro-Tern BY: Deputy Clerk to the'Board. F• sx �f > M. J. ¢eile A DAST M: 74i Willia Jerk! ! oun tt r y audit 1a4 Glenn Vaad Date of signature: 2003-0878 EX0011 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: SE1/4 of Section 22, Township 8 North, Range 66 West of the 6th P.M., Weld County, Colorado, and WHEREAS, said parcel is owned by Timothy and Elane Swaney, 15575 Weld County Road 90 Pierce, Colorado 80650, 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 26th day of March, 2003, and WHEREAS, Timothy and Elane Swaney were notified of said hearing by first class mail on March 17, 2003, and WHEREAS, the following persons were present at said hearing: Timothy and Elane Swaney, 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. 2003-0751 EX0011 DUST BLOWING COMPLAINT- SE1/4, S22, T8N, R66W PAGE 2 The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 26th day of March, A.D., 2003. BO D OF COUNTY COMMISSIONERS W COUI?TY, COL RADO ATTEST: auciaiipy` E 3/4) D vi E. Long, Chair Weld County Clerk to the[ga C-49s t It _, ert Mas en, Pro-Tem BY: Deputy Clerk to the Boa •► fit,,_. I . J. Geile / VED ASr........z________M: ' yJ„`-' Willis . Yun Att Jerky-� / Glenn Vaa Date of Signature: � , 2003-0751 EX0011 4 WELD COUNTY ATTORNEY'S OFFICE 915 TENTH STREET P.O. BOX 758 GREELEY, CO 80632 WEBSITE: www.co.weld.co.us C. PHONE: FAX: (970) 352-0242 COLORADO March 25, 2003 Timothy J. Swaney Elane G. Swaney 15575 WCR 90 Pierce, CO 80650 RE: Continuation of Board of County Commissioner's Consideration of Dust Blowing Complaint Dear Mr. and Mrs. Swaney: As I stated in my telephone conversation with Mr. Swaney today, on Wednesday, March 26, 2003, the Board of County Commissioners of Weld County, Colorado, was scheduled to consider a dust blowing complaint received from a resident of Pierce, Colorado, regarding your property described as the SE''A of Section 22, Township 8 North, Range 66 West of the 6th P.M., Weld County, Colorado, lying,west of U.S. Highway 85. Enclosed is a copy of a letter received from Mr. Nick Hoban, West Greeley Soil Conservation District District Conservationist. Also enclosed is a copy of the letter which I sent to you on March 17, 2003. It is my understanding that you have not yet received this letter. Also enclosed is a "findings sheet" for the Board of County Commissioners for its use in determining if it should order you to perform measures to your property to stop the dust from blowing therefrom. I intend to ask the Board of County Commissioners to continue their consideration of the dust blowing complaint until Wednesday, April 2, 2003, 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. It is my understanding that you will be contacting Mr. Hoban prior to April 2, 2003, to discuss the recommended actions set forth in his letter. He may be reached at (970) 356-8097. 2003-0878 Letter, Timothy and Elane Swaney March 25, 2003 Page 2 If you have any questions concerning this matter, please contact this office at 356-4000, Extension 4390. Si c ely, `J e T. arker/ Weld County Attorney pc: Clerk to the Board Phil Brewer Nick Hoban 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 WELD COUNTY ATTORNEY'S OFFICE 915 TENTH STREET P.O. BOX 758 GREELEY, CO 80632 c,-- www.co.weld.co.us PHONE: (970) 336-7235 FAX: (970) 352-0242 COLORADO March 17, 2003 Timothy J. Swaney Elane G. Swaney 15575 WCR 90 Pierce, CO 80650 CERTIFIED MAIL RE: Dust Blowing Complaint for Property Located in the SE'/ of Section 22, Township 8 North, Range 66 West of the 6th P.M., Weld County, Colorado, lying west of U.S. Highway 85 Dear Mr. and Mrs. Swaney: 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 various properties located in Pierce, Colorado. 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. Mr. Nick Hoban of the West Greeley U.S.D.A. Soil Conservation Service Office, has inspected the subject property. I have asked him 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 property. Pursuant to C.R.S. § 35-72-103O),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 Wednesday, March 26, 2003, 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. 2003-0751 Letter, Timothy and Elane Swaney March 17, 2003 Page 2 If you have any questions concerning this matter,please contact this office at 356-4000, Extension 4390. erely, ruse T. ker Weld County Attorney pc: Clerk to the Board 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 Q FAX: (970) 352-0242 COLORADO March 17, 2003 Tom and Rita Stalnaker 105 4th Street Pierce, CO 80650 RE: Soil Blowing Complaint Hearing Scheduled for March 26, 2003 Dear Mr. and Mrs. Stalnaker: This letter is to confirm that the Board of County Commissioners of Weld County, Colorado, will consider your complaint regarding soil blowing from property located in the SE% of Section 22, Township 8 North, Range 66 West of the 6th P.M., Weld County, Colorado, lying west of U.S. Highway 85. The property is owned by Timothy J. and Elane G. Swaney. The West Greeley Soil Conservation District has been informed of the complaint. Mr. Nick Hoban of that office has inspected the property and will present recommendations to the Board of County Commissioners as to what remedial measures may be performed to the property to reduce and/or alleviate the soil blowing. The Board's hearing on this matter is scheduled for March 26, 2003, at 9:00 a.m. The hearing will take place in the Board's first floor meeting room of the Weld Centennial Center Complex, 915 Tenth Street, Greeley, Colorado. If you should have any questions regarding this letter or the procedure for the soil blowing hearing, please feel free to call me at(970) 356-4000, extension 4390. me ly, race .` r Weld County Attorney pc: Clerk to the Board (it cif:-.63 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 Q FAX: (970) 352-0242 • COLORADO March 17,2003 Mr. Nick Hoban USDA Service Center 4302 W. Ninth Street Road Greeley, CO 80634 Re: Dust Blowing Complaint-- Swaney Dear Nick: Enclosed is a copy of the letter I have sent to Timoth and Elane Swaney regarding the dust blowing complaint regarding their property located on the north side of Pierce. The Board of County Commissioners will consider the matter at its March 26, 2003, 9:00 a.m.,meeting at the Weld Centennial Center, 915 10th Street, Greeley, Colorado. The Board would like to receive a writing from you prior to that meeting. The writing should describe what your inspection revealed, what damage has occurred to adjacent public and private properties, if any, and any remedial measures you would recommend be performed. Also, the Board would appreciate having a representative attend the meeting, if possible. Please feel free to call me at(970) 356-4000, ext. 4390, if you have any questions or comments regarding this letter or the enclosed. ely, rice . Weld County Attorney Enc. pc: Clerk to the Board WEST GREELEY ONSERVATlON CONSERVATION DISTRICT 4302 W. 9th St. Rd. Greeley, Colorado 80634-1398 (970) 356-8097#3 wassdavawneenet.com www.wgsod.org AMMON Weld County Attorney's Office _ Bruce Barker c D LAS vV migmU' E 915 10th Street Greeley, CO 80632 MAR 2 b 2003 March 17, 2003 WELD COUNTY i RE: Dust Blowing Complaint ATTORNEY'S OFFICE Dear Mr. Barker, I'm writing in response to a dust blowing complaint located in the SE1/4 of section 22, Township 8 N, Range 66 W. The property is located west of and adjacent to Highway 85 and north of and adjacent to Weld County Road 90. The property has been severely over grazed by horses. Our recommendation at this point is to remove the horses from the property or confine them to a smaller area where they can be fed without destroying the pasture. After removing the animals from the pasture we recommend a waiting period to see if grasses can recover after this recent moisture. If they are unable to recover in a timely manner we recommend soil roughening to help reduce the dust blowing. It is important to note that after cover is re-established on this land, there should never be such a high density of animals on it in the future. The land in this area is too fragile to support that many animals even on years with above normal precipitation. Sincerely, Nick Hoban WGSCD District Manager r � � y q T ^ifb - j a .-,-.'''3/44i <'`�r '' A r x '4'.I A'±zM dq Y 41"'7''...a:H# $tustA+.rlf.:44'1171;7 4'117 7 ,, .:. z'. . x,, y,- Z Y,� ?, u 5,-1 C3 .. 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