HomeMy WebLinkAbout20030846.tiff RESOLUTION
RE: ACTION OF THE BOARD CONCERNING DUST BLOWING COMPLAINT - SW1/4
SW1/4, S26, T2N, R64W
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 SW1/4 SW1/4, Section 26, Township 2 North, Range 64 West of the 6th P.M.,
Weld County, Colorado, lying south of the railroad right-of-way, excluding that portion of said
property platted as the town of Keenesburg, Colorado, and said property being owned by
Richard and Sharon Stewart, P.O. Box 248, Keenesburg, Colorado 80643-0248, 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 March, 2003, at which time the Board continued
this matter to March 31, 2003, and
WHEREAS, at said hearing on the 31st day of March, 2003, the Board made Findings of
Fact, pursuant to Section 35-72-101(1), C.R.S., and
WHEREAS, the following persons were present at said hearing: Richard Stewart,
property owner; and
WHEREAS, the Board of County Commissioners heard all of the testimony and
statements of those present, studied the recommendation of the Southeast Weld Soil
Conservation District and all of the exhibits and evidence presented in this matter and, having
been fully informed, ordered that the owners and/or operators of said property treat said
property as described in the Findings and Order, a copy of which is attached hereto and
incorporated herein by reference, within the time limits stated therein.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of
Weld County, Colorado, that the Chair of the Board is authorized to sign said Findings and
Order and that Richard and Sharon Stewart are ordered to perform the treatment upon the
above described parcel as stated in the attached Findings and Order of the Board of County
Commissioners of Weld County, Colorado.
2003-0846
EX0023
CO; CAT Al RCS w fiComPc ni,my; '
DUST BLOWING - SW1/4SW1/4 of Section 26, T2N, R64W
PAGE 2
The above and foregoing Resolution was, on motion duly made and seconded, adopted
by the following vote on the 31st day of March, A.D., 2003.
BOARD OF COUNTY COMMISSIONERS
WE COUNT COLO PDO
ATTEST: iataM /\ / a
Davng, Chair
Weld County Clerk to t • ,G< 452c-Ci :1
l 2 r Robert D. asden, Pro-
Deputy Clerk to the
M. J. Geile
APPROV S TO •
EXCUSED
Willia/ H. Jer`ke
my Attorney 4 l/Q
Glenn Vaad a
Date of signature: 417
2003-0846
EX0023
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: The SW1/4 SW1/4 of Section 26, Township 2 North, Range
64 West of the 6th P.M., Weld County, Colorado, lying south of the railroad right-of-way,
excluding that portion of said property platted as the Town of Keenesburg, Colorado, and
WHEREAS, said parcel is owned by Richard and Sharon Stewart, P.O. Box 248,
Keenesburg, Colorado 80643-0248, 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 March, 2003, and
WHEREAS, Richard and Sharon Stewart were notified of said hearing by first class mail
on March 14, 2003, and
WHEREAS, at said hearing the Board of County Commissioners deemed it advisable to
continue this matter to March 31, 2003, at 9:00 a.m., and
WHEREAS, Richard Stewart, property owner, was present at said hearing on March 31,
2003, 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.
2003-0846
EX0023
DUST BLOWING - SW1/4SW1/4 of Section 26, T2N, R64W
PAGE 4
5. That property damage appears to be resulting from soil blowing.
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 chiseled to prevent
further blowing of soil, and that said chiseling be completed by April 15, 2003.
The above and foregoing Findings and Order was, on motion duly made and seconded,
adopted by the following vote on the 31st day of March, A.D., 2003.
BO D OF COUNTY COMMISSIONERS
♦��` WEL OUNTY, CO DO
ATTEST: IL, IPf/ a,,
ge,ea;
David . Long, Chair
Weld County Clerk IP-
Robert D asden, Pro-Tern
BY:
Deputy Clerk to they :>t
M. J. Geile
AP ED A M:
EXCUSED
William/H. Jerke
County Attorney
Glenn
Date of signature:
2003-0846
EX0023
fin\ C United States Department of Arington
O ` CS
Natural Resources Conservation Service 303-659-7004-Office
Brighton Service Center 303-659-1768-Fax
57 W.Bromley Lane www.co.usda.gov
Brighton,Colorado 80601-3025 nomran.wells@co.usda.gov
March 26, 2003 REMOVE
ill MAR 2 8 2003
Weld County Attorney's Office
Mr. Bruce Barker WELD COUNTY
915 10`" Street ATTORNEY'S OFFICE
P.O. Box 758
Greeley, Colorado 80632
RE: Richard and Sharon Stewart
Dust Blowing Complaint
At the request of the Weld County Board of County Commissioners, I have contacted Mr. and
Mrs. Stewart in regards to the dust blowing complaint that has been filed against them. Mrs.
Stewart felt like they were being `singled out or picked on' by their neighbors. I tried to explain
my position and that of the Natural Resources Conservation Service (NRCS) in offering help to
solve the problem at hand.
Mr. Stewart called me back today and we discussed some of his options. He does realize that the
current prairie dog population will be a big hindrance to his being able to re-establish any type of
permanent cover(grass, alfalfa, etc). He has apparently attempted to control this ever-increasing
population of prairie dogs but has met with little success. He indicated that he wants to plant
alfalfa in this field but due to the outlook of having no irrigation water this coming season has
put this idea on hold. We did talk about planting a sorghum or a crop for cover only.
The recent moisture will definitely help the situation.
We also discussed the possibility of ripping or chiseling the field should the soil dry out and the
winds come up to start the soil blowing again. Installation of a 'snow fence' was also talked
about but he indicated that the `kids' would just tear it down.
In conclusion, we discussed several options but no definite conclusions were arrived at. The
Stewart's appear to be on the defensive and not ready to formulate any kind of definite plan.
I told them that the NRCS is available to help them, at their request.
The Natural Resources Conservation Service provides leadership in a partnership effort to help people
conserve,maintain,and improve our natural resources and environment.
Spryer, 8/3/01 2
Since I will be unable to attend your meeting on the 31 s`, I thought it best to let you know that I
did contact them and the results of that conversation. At this point, I feel that I have done as
much as I can until they are willing to make some decisions. Should you have any additional
questions,please feel free to call on me.
S' erely,
N an J. lls, Jr.
Dis .ct Conservationist
WELD COUNTY ATTORNEY'S OFFICE
If s 915 TENTH STREET
P.O. BOX 758
GREELEY, CO 80632
' WEBSITE: www.co.weld.co.us
O PHONE: (970) 336-7235
FAX: (970) 352-0242
COLORADO
March 24, 2003
Richard E. Stewart
Sharon L. Stewart
P.O. Box 248
Keenesburg, CO 80643-0248
RE: Continuation of Board of County
Commissioner's Consideration of Dust
Blowing Complaint
Dear Mr. and Mrs. Stewart:
•
On Monday, March 24, 2003,the Board of County Commissioners of Weld County, Colorado,
considered the dust blowing complaints received from various residents of Keenesburg,
Colorado, regarding your property described as SWY4SWY of Section 26, Township 2 North,
Range 64 West of the 6th P.M., Weld County, Colorado, lying south of the railroad right-of-way,
excluding that portion of said property platted as the Town of Keenesburg. Enclosed is a copy of
a letter received at the Board's meeting from Mr. Norm Wells, District Conservationist,Natural
Resources Conservation Service, Brighton Service Center. Also enclosed is a copy of the
"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.
Because you were not present at the Board's meeting on March 24, 2003, the Board has
continued its consideration of the matter until its meeting on Monday, March 31, 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.
2003-0846
Letter, Richard and Sharon Stewart
March 24, 2003
Page 2
If you have any questions concerning this matter, please contact this office at 356-4000,
Extension 4390.
Sine y,
ru . arker
eld County Att rney
Enclosures
pc: Clerk to the Board
United States Department of Agriculture
oNRCS
Natural Resources Conservation Service _ 303-659-7004-Office
Brighton Service Center 303-659-1768-Fax
57 W.Bromley Lane www.co.usda.gov
Brighton,Colorado 80601-3025 nonnan.wells@co.usda.gov
March 18, 2003
•
Weld County Attorney's Office
Mr.Bruce Barker
915 Tenth Street
P.O.Box 758
Greeley, Colorado 80632
RE: Dust Blowing Complaint
Richard and Sharon Stewart
On March 8th, I received a dust blowing complaint from Stan Gingerich and on March 11th,I
received another complaint from the Town Clerk in Keensburg regarding the soil blowing from a
parcel of land to the west of Keenesburg. In the afternoon of the 11th,I made a field visit to the
area and noted the following:
1. The parcel of land is located in the SW1/4SW1/4 1/4 of section 26, T2N,R64W
and is approximately 30-40 acres in size. This parcel has been used as an irrigated
pasture in the past.
2. The field appears to have been seriously overgrazed during the past couple of years
and now supports a number of prairie dogs.Prairie dogs have a tendency to move into
depleted areas and contribute to the complete destruction of any icuiaining
vegetation.
3. I noted that there was a considerable amount of soil that has blown off of the field
onto Cedar Street, as well as on Pine Street, a block to the east. This soil was
deposited in the front yards of the residences along Cedar and into a garage(the door
happened to be open as I drove past). There was considerable deposition around the
houses,in the landscaping and trees and shrubs.
4. I also noted several prairie dogs in the front yards of these residences.With no
vegetation left of the field to the west, the prairie dogs are moving in search of food.
If left undisturbed, the prairie dogs may try to move permanently and start to make
new burrows and homes.
I am sure that the overgrazing coupled with the drought has put this land in the condition that it
is in.Unfortunately, there is no easy fix. The grass will more than likely not come back, even if
considerable moisture is received. Once the crowns of the plants are damaged and the root
system dies, it will not reestablish. In the short term, ripping or chiseling are the most viable
options to control the blowing. Snow fence could also be installed perpendicular to the wind
direction. Two to three rows of fencing may need to be installed with the farthest east fence no
closer than 100 feet from Cedar Street. In the long term,reseeding to permanent vegetation or the
The Natural Resources Conservation Service provides leadership in a partnership effort to help people ` I
conserve,maintain,and improve our natural resources and environment.
Spryer, 8/3/01 2
growing of a crop that will leave a minimum of 1000 pounds of residues after harvest is the only
solution. If adequate moisture is received, a cover crop needs to be planted this year, as soon as
possible.
The USDA does have cost share programs available but funding for 2003 has already been
appropriated. The next round of sign-ups will be for work/practices that will commence in 2004.
Our NRCS office in Brighton would be the contact point for the Stewarts.
I hope this information is adequate and will be helpful in resolving this unpleasant situation. If
you need additional information,please feel free to call.4S' erely,
c. . tudiacjoi
an J.We ,Jr.
Dis 'ct 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\B LO W CITE.DB
C United Stab bn�States Deparnt of Agrka re Nr
O \ ACS
Natural Resources Conservation Service 303-659-7004-Office
Brighton Service Center 303-659-1768-Fax
57 W.Bromley lane www.co.usda.gov
Brighton,Colorado 80601-3025 norman.wells@cco.usda.gov
March 18,2003
Weld County Attorney's Office
Mr. Bruce Barker
915 Tenth Street
P.O. Box 758
Greeley, Colorado 80632
RE: Dust Blowing Complaint
Richard and Sharon Stewart
On March 8th, I received a dust blowing complaint from Stan Gingerich and on March 111°, I
received another complaint from the Town Clerk in Keensburg regarding the soil blowing from a
parcel of land to the west of Keenesburg. In the afternoon of the 11th, I made a field visit to the
area and noted the following:
1. The parcel of land is located in the SW 1/4SW 1/4 of section 26, T2N, R64W
and is approximately 30-40 acres in size. This parcel has been used as an irrigated
pasture in the past.
2. The field appears to have been seriously overgrazed during the past couple of years
and now supports a number of prairie dogs. Prairie dogs have a tendency to move into
depleted areas and contribute to the complete destruction of any remaining
vegetation.
3. I noted that there was a considerable amount of soil that has blown off of the field
onto Cedar Street, as well as on Pine Street, a block to the east. This soil was
deposited in the front yards of the residences along Cedar and into a garage (the door
happened to be open as I drove past). There was considerable deposition around the
houses, in the landscaping and trees and shrubs.
4. I also noted several prairie dogs in the front yards of these residences. With no
vegetation left of the field to the west, the prairie dogs are moving in search of food.
If left undisturbed,the prairie dogs may try to move permanently and start to make
new burrows and homes.
I am sure that the overgrazing coupled with the drought has put this land in the condition that it
is in. Unfortunately,there is no easy fix. The grass will more than likely not come back, even if
considerable moisture is received. Once the crowns of the plants are damaged and the root
system dies, it will not reestablish. In the short term, ripping or chiseling are the most viable
options to control the blowing. Snow fence could also be installed perpendicular to the wind
direction. Two to three rows of fencing may need to be installed with the farthest east fence no
closer than 100 feet from Cedar Street. In the long term,reseeding to permanent vegetation or the
The Natural Resources Conservation Service provides leadership in a partnership effort to help people !nH#fit
conserve,maintain,and improve our natural resources and environment.
S.
t!:
Spryer, 8/3/01 2
growing of a crop that will leave a minimum of 1000 pounds of residues after harvest is the only
solution. If adequate moisture is received, a cover crop needs to be planted this year, as soon as
possible.
The USDA does have cost share programs available but funding for 2003 has already been
appropriated. The next round of sign-ups will be for work/practices that will commence in 2004.
Our NRCS office in Brighton would be the contact point for the Stewarts.
I hope this information is adequate and will be helpful in resolving this unpleasant situation. If
you need additional information,please feel free to call.
S ely, tudeAcja
o an J. We , Jr.
Dis 'ct Conservationist
6 WELD COUNTY ATTORNEY'S OFFICE
rtit
' 915 TENTH STREET
P.O. BOX 758
GREELEY, CO 80632
' C WEBSITE: www.co.weld.co.us
PHONE: (970) 336-7235 FAX: (970) 352-0242
COLORADO
March 14, 2003
Richard H. Stewart
Sharon L. Stewart
P.O. Box 248
Keenesburg, CO 80643-0248
CERTIFIED MAIL
RE: Dust Blowing Complaint for Property Located in the SWV4SW'/4 of Section 26, Township
2 North, Range 64 West of the 6th P.M., Weld County, Colorado, Lying South of the
Railroad Right-of-Way, Excluding That Portion of Said Property Platted as the Town of
Keenesburg
Dear Mr. and Mrs. Stewart:
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 Keenesburg, Colorado. Enclosed are copies of eight
letters received by the Board, describing the dust blowing and consequent damage.
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.Norm Wells of the Brighton 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. § 35-72-103(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, March 24, 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.
2003-0725
Letter, Richard and Sharon Stewart -
March 14, 2003
Page 2
If you have any questions concerning this matter,please contact this office at 356-4000,
Extension 4390.
%'Sincer ,
c . Barker
Weld County Attorney
Enclosures
pc: Clerk to the Board
Mar 14 03 10: 01a Keenesburg Town Hall 303 732 0599 p.2
Date: March 13, 2003
To: Weld County Commissioners
From: Tim&Teri Smith •
380 S. Cedar St..
Keenesburg, CO 80643
RE: Richard Stewart Property
We are writing to you regarding problems with the property across the street from our residence.
The property is owned by Richard Stewart.
Dirt has blown from the Stewart property and has covered our recently seeded lawn,filled nelieve this our
is a
gutter to the top of the curb,covered our driveway and sidewalks and garage• We
result of overgrazing his land. -
There is also a prairie dog colony on this property and they have now started to venture over to
my yard and the neighbors. We believe this is leading to the erosion of the land and this is why
there is fine topsoil not to mention the contamination of the soil.
We cannot even let our grandchildren out in the yard because of the above-mentioned problems
or even enjoy it ourselves.It has totally ruined the look of our house and yard.
We are hoping by writing to you that something can be done. We believe this is a Health Hazard
and is a great nuisance.
Your attention and any help hi this mattgtwill greatly be appreciated.
Mar 11 03 10:37a Keenesburg Town Hall 303 /3G u3z'
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Mar 12 03 10: 31a Keenesburg Town Hall 303 732 0599 p. 2
March 12,2003
To Whom It May Concern_
We live at 440 South Cedar Street,ICeenesburg,Colorado. lam writing to voice
complaint about the poorly maintained property located across the street from our home.
Blowing dirt is causing damage to our property,filling our yard and house. This dirt is
covering our front yard, including our landcaping rock. It is constantly coming in
through our doors and windows,causing damage to our wooden window casings,
coverings and carpet. Our vehicles are subject to sandblasting of the paint.
We are literally removing wheelbarrows of dirt from our driveway!
The gutters in the streets are filled with dirt to sidewalk level. The Town of Keenesburg
has made attempts to clear the gutters,to no avail,due to the quantity of dirt. This is
causing potential drainage problems to ourselves and our neighbors.
Some days, it is difficult to even breathe within our house due to the blowing dirt.
I fear this will result in the decrease of our property values,though no fault of our own.
Sincerely, �1
-mks, O4A� -eL (4)..475,
Mr.&Mrs.Darrell Wilson
P.O. Box 110
Keenesburg,CO. 80643
Mar 12 03 10: 32a Keenesburs Town Hall 303 732 0599 p.3
To Whom It May Concern:
I live at 430 S. Cedar Street and have been suffering from the dust/dirt
from the field across the street for quite awhile. The dust comes in from
under the doors and around all the windows all day long. Our lawn has
large mounds of dirt all over. On top of that, I have been sick
continually since January. I've had 3 sinus/respiratory infections, with
3 different kinds of anti-biotics. I know it is from all the dust
continually blowing all day long. I hope you will consider these problems
and thank you for your time.
Sincerely, terib p? DA,
„lazed,"
Debbie S Cliff Tubbesing
Mar 12 03 09: 54a Keenesburg Town Hall 303 732 0599 p. 2
March 11, 2003
Dear Sir or Madam:
I am writing this letter to express my concern over the unhealthy and unsanitary conditions in our
neighborhood.
My husband and I, and my ninety-one year old mother, live at 120 Morgan Avenue in
Keenesburg, across the street from an area of land that used to be a pasture. Now the area is
covered with dirt and dust that continually spreads to our yard and street and even seeps into our
house.
This is especially disconcerting because of the increasingly windy conditions that occur at this
time of year. During the windstorm last week our yard, street, and even our house was covered
with dirt. And the air is saturated with it.
My mother has a heart condition and is on oxygen and this is becoming a very difficult situation
for her. She has difficulty breathing anyway and the dust and dirt in the air is making it much
worse. Even my husband and I have trouble breathing when we are outside.
In addition,we have a hot tub that is filling with dust and mud,and it is extremely uncomfortable
to even step out on to the patio. The curbs and gutters are also filled with dirt and mud that
blows off of this land across the street.
Is there anything that can be done for us in this matter?
We would certainly appreciate any help you can give us.
Very truly yours,
Charlie and Pat luit
120 West Morgan Avenue
Keenesburg CO VVV
80643
Phone: (303)732-9230 .
Mar 12 03 09: 54a Keenesburg Town Hall 303 732 0599 P.3
Keenesburg,Co. 80643
March 11,2003
Keenesburg Town Government
Keenesburg Town Hall
Dear Sir,
We live at 125 W.Morgan Ave.in Keenesburg,and are concerned about the dirt that blows off
the pasture that is just to the west of us. It seeps into our home and garage,and fills our gutters
and yard. We can't even get from our vehicles into our house without being covered head to toe
with grit, let alone stay outside for any length of time.
With the windy season just beginning,we are hoping that something can be done about this soon.
Sincerely,
Mar 12 03 09: 54a Keenesburg Town Hall 303 732 0599 p. 4
Zits ) 0.3
My name is Tori McMechan, and I live at 422 S. Cedar St in Keenesburg.
The field just across the street from my home has become a concern. The prairie
dogs have started migrating across from the field to my yard,and the dirt that blows
from the field has covered my grass, my driveway, and has filled my house.
It seems to be that there is something that could be done with the land to help
prevent some of the dust blowing, and definitely the prairie dogs from crossing the
road. Next,the will be digging holes in our yards.
Thank you for your time and consideration in this matter.
Sincerer
Tori McMechan
Mar 12 03 03: 29p Keenesburg Town Hall 303 732 0599 p.2
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a 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
March 14, 2003
Town of Keenesburg
Attn: Jennifer, Deputy Clerk
140 S. Main Street
P.O. Box 312
Keenesburg, CO 80643
Re: Dust Blowing Complaint -- Stewart
Dear Jennifer:
Enclosed is a copy of the letter I have sent to Richard and Sharon Stewart regarding the dust
blowing complaint regarding their property located on the west side of Keenesburg. The Board
of County Commissioners will consider the matter at its March 24, 2003, 9:00 a.m., meeting at
the Weld Centennial Center, 915 10th Street, Greeley, Colorado.
I have written to each of the persons who provided.written complaints regarding the dust blowing
situation.
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.
S' erely,
ruse T. $arker
'Weld County Attorney
Enc.
pc: Clerk to the Board
tb;N3 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
March 14, 2003
Mr. Norm Wells
USDA Service Center
57 W. Bromley Lane
Brighton, CO 80601
Re: Dust Blowing Complaint -- Stewart
Dear Mr. Wells:
Enclosed is a copy of the letter I have sent to Richard and Sharon Stewart regarding the dust
blowing complaint regarding their property located on the west side of Keenesburg. The Board
of County Commissioners will consider the matter at its March 24, 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.
Sine y,
ce T. Bark r
Weld County ttorney
Enc.
pc: Clerk to the Board
a 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
March 14, 2003
Tim and Teri Smith
380 S. Cedar Street
Keenesburg, CO 80643
RE: Soil Blowing Complaint Hearing Scheduled
for March 24, 2003
Dear Mr. and Mrs. Smith:
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 SWYSW'/ of
Section 26, Township 2 North, Range 64 West of the 6th P.M., Weld County, Colorado, lying
south of the railroad right-of-way, excluding that portion of said property platted as the Town of
Keenesburg. The property is owned by Richard H. and Sharon L. Stewart. The Brighton Soil
Conservation District has been informed of the complaint. Mr. Norm Wells 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 24, 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.
St rely,
nice T. Bark r
Weld County Attorney
pc: Clerk to the Board
a 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 14, 2003
Stanley F. Gingerich
P.O. Box 316
Keenesburg, CO 80643
RE: Soil Blowing Complaint Hearing Scheduled
for March 24, 2003
Dear Mr. Gingerich:
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 S W'/S W'/ of
Section 26, Township 2 North, Range 64 West of the 6th P.M., Weld County, Colorado, lying
south of the railroad right-of-way, excluding that portion of said property platted as the Town of
Keenesburg. The property is owned by Richard H. and Sharon L. Stewart. The Brighton Soil
Conservation District has been informed of the complaint. Mr. Norm Wells 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 24, 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.
,,.$ rely,
ruse T. Barker
Weld County Attorney
pc: Clerk to the Board
r WELD COUNTY ATTORNEY'S OFFICE
Alt 915 TENTH STREET 1; P.O. BOX 758
GREELEY, CO 80632
' WEBSITE: www.co.weld.co.us
PHONE: (970) 336-7235
FAX: (970) 352-0242
COLORADO March 14, 2003
Mr. and Mrs. Darrell Wilson
P.O. Box 110
Keenesburg, CO 80643
RE: Soil Blowing Complaint Hearing Scheduled
for March 24, 2003
Dear Mr. and Mrs. Wilson: _
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 S W'/4S W'/4 of
Section 26, Township 2 North, Range 64 West of the 6th P.M., Weld County, Colorado, lying
south of the railroad right-of-way, excluding that portion of said property platted as the Town of
Keenesburg. The property is owned by Richard H. and Sharon L. Stewart. The Brighton Soil
Conservation District has been informed of the complaint. Mr. Norm Wells 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 24, 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,
ruse T. Barker ,
Weld County Attorney
pc: Clerk to the Board
a WELD COUNTY ATTORNEY'S OFFICE
915 TENTH STREET
P.O. BOX 758
GREELEY, CO 80632
11 e. WEBSITE: www.co.weld.co.us
PHONE: (970) 336-7235
FAX: (970) 352-0242
COLORADO March 14, 2003
Debbie and Cliff Tubbesing
430 S. Cedar Street
Keenesburg, CO 80643
RE: Soil Blowing Complaint Hearing Scheduled
for March 24, 2003
Dear Mr. and Mrs. Tubbesing:
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 SWV4SW'/ of
Section 26, Township 2 North, Range 64 West of the 6th P.M., Weld County, Colorado, lying
south of the railroad right-of-way, excluding that portion of said property platted as the Town of
Keenesburg. The property is owned by Richard H. and Sharon L. Stewart. The Brighton Soil
Conservation District has been informed of the complaint. Mr. Norm Wells 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 24, 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.
Si e ,
nice T. Barker
Weld County Attorney
pc: Clerk to the Board
a 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 March 14, 2003
Charlie and Pat Dunning
120 West Morgan Avenue
Keenesburg, CO 80643
RE: Soil Blowing Complaint Hearing Scheduled
for March 24, 2003
Dear Mr. and Mrs. Dunning:
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 SW''ASW A of
Section 26, Township 2 North, Range 64 West of the 6th P.M., Weld County, Colorado, lying
south of the railroad right-of-way, excluding that portion of said property platted as the Town of
Keenesburg. The property is owned by Richard H. and Sharon L. Stewart. The Brighton Soil
Conservation District has been informed of the complaint. Mr. Norm Wells 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 24, 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.
r i�is'�
Bruce T. arkler
Weld County Attorney
pc: Clerk to the Board
At Cr
jitilld WELD COUNTY ATTORNEY'S OFFICE
915 TENTH STREET
P.O. BOX 758
GREELEY, CO 80632
'gWEBSITE: www.co.weld.co.us
VilPHONE: (970) 336-7235
FAX: (970) 352-0242
COLORADO March"14, 2003
Kenneth D. Imhof
P.O. Box 164
Keenesburg, CO 80643
RE: Soil Blowing Complaint Hearing Scheduled
for March 24, 2003
Dear Mr. Imhof: _
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 SWYSW'/< of
Section 26, Township 2 North, Range 64 West of the 6th P.M., Weld County, Colorado, lying
south of the railroad right-of-way, excluding that portion of said property platted as the Town of
Keenesburg. The property is owned by Richard H. and Sharon L. Stewart. The Brighton Soil
Conservation District has been informed of the complaint. Mr. Norm Wells 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 24, 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.
&ihce y, "fr, ,.
2,2
57-rruce r/
Weld County Attorney
pc: Clerk to the Board
WELD COUNTY ATTORNEY'S OFFICE
915 TENTH STREET
P.O. BOX 758
GREELEY, CO 80632
n IWEBSITE: www.co.weld.co.us
PHONE: (970) 336-7235
0FAX: (970) 352-0242
COLORADO March 14, 2003
Tori McMechan
422 S. Cedar Street
Keenesburg, CO 80643
RE: Soil Blowing Complaint Hearing Scheduled
for March 24, 2003
Dear Ms. McMechan:
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 SW'/4SW'A of
Section 26, Township 2 North, Range 64 West of the 6th P.M., Weld County, Colorado, lying
south of the railroad right-of-way, excluding that portion of said property platted as the Town of
Keenesburg. The property is owned by Richard H. and Sharon L. Stewart. The Brighton Soil
Conservation District has been informed of the complaint. Mr. Norm Wells 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 24, 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.
,
ruse T. Berke
Weld County Attorney
pc: Clerk to the Board
4 WELD COUNTY ATTORNEY'S OFFICE
915 TENTH STREET
P.O. BOX 758
GREELEY, CO 80632
1 pWEBSITE: ww.coweld.co.us
PHONE: (970) 336-7235
vvww.co.welct.co.us
(970) 352-0242
COLORADO• March 14, 2003
Steven D. and Janice E. Brandt
P.O. Box 247
Keenesburg, CO 80643
RE: Soil Blowing Complaint Hearing Scheduled
for March 24, 2003
Dear Mr. and Mrs. Brandt:
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 SWY4SW'/ of
Section 26, Township 2 North, Range 64 West of the 6th P.M., Weld County, Colorado, lying
south of the railroad right-of-way, excluding that portion of said property platted as the Town of
Keenesburg. The property is owned by Richard H. and Sharon L. Stewart. The Brighton Soil
Conservation District has been informed of the complaint. Mr.Norm Wells 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 24, 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.
Si
ruce T. Barker
Weld County Attorney
pc: Clerk to the Board
a WELD COUNTY ATTORNEY'S OFFICE
915 TENTH STREET
P.O. BOX 758
GREELEY, CO 80632
' C WEBSITE: www.co.weld.co.us PHONE: (970) 336-7235
FAX:
Q F (970) 352-0242
COLORADO, April 9, 2003
Mr.Norm Wells
USDA Service Center
57 W. Bromley Lane
Brighton, CO 80601
Re: Findings and Order for Dust
Blowing Complaint-- Stewart
Dear Mr. Norm:
Enclosed is a copy of the Resolution and the Findings and Order of the Board of County
Commissioners concerning the Stewart property, located in the SW'/4SW'/4 of Section 26-2-64.
Although the Findings and Order states that the Stewarts are suppose to chisel the property by
April 15, 2003,I believe that the Board of County Commissioners will be satisfied if cover
vegetation is growing sufficient in amount on that date to abate the soil blowing.
It is my understanding that you intend to inspect the property on Friday, April 11, 2003. You
will then let me know in writing as to whether the vegetation appears to be taking hold, or if
chiselling is going to be necessary(if additional blowing occurs). Please send your writing to me
at: P.O. Box 758, 915 10th Street, Greeley, CO 80632.
Please feel free to call me at (970) 356-4000, ext. 4390, if you have any questions or comments.
Thank you for your assistance.
ely,
race T. Barker
Weld County Attorney
Enc.
pc: Clerk to the Board
United States Department of Agriculture
MRCS
Natural Resources Conservation Service 303-659-7004-Office
Brighton Service Center 303-659-1768-Fax
57 W.Bromley Lane www.co.usda.gov
Brighton,Colorado 80601-3025 - norman.weils@co.usda.gov
April 14, 2003 Mr. Bruce Barker D le g a D �/M
Weld County Attorney
915 Tenth Street LJ U APR 17 2003
P.O. Box 758 _
Greeley, Colorado 80632 WELD COUNTY
ATTORNEY'S OFFICE
RE: Richard Stewart
Dust Blowing Complaint
I met with Mr. Stewart this morning and looked at the property that has been blowing. While
there is some grass and weeds beginning to show up,there would be insufficient amounts to
protect the soil from blowing should we experience high winds. While there is currently
insufficient residues, I would be hesitant to chisel at this time. Chiseling would stop or slow
down any blowing that might take place but it would also kill and/or rob the soil of the moisture
that is there to keep the weeds and grass growing. Chiseling also relies on bringing soil clads to
the surface to help slow the wind velocity. If we bring these up now and they mellow down, the
field would need to be chiseled again to hopefully bring up additional clods.
If we should get the additional moisture that is predicted for later this week, the grass and weeds
will continue to grow and offer increasing protection to the soil. Mr. Stewart and I discussed the
need to chisel immediately should the soil start to move. Although,he claims he doesn't have the
equipment to chisel with, he is aware of the urgency of his being prepared should the soil start to
move.
I hope this will be satisfactory to your needs. Should you need additional information,please feel
free to call or send e-mail to the above address.
tcerely,
N an J. ells,Jr.
District Conservationist
The Natural Resources Conservation Service provides leadership in a partnership effort to help people
conserve,maintain,and improve our natural resources and environment.
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