HomeMy WebLinkAbout20000905.tiff RESOLUTION
RE: ACTION OF BOARD CONCERNING DUST BLOWING COMPLAINT -S7, T7N, R63W
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 Section 7, Township 7 North, Range 63 West of the 6th P.M., Weld County,
Colorado, said property being owned by Elmer Hankins, 5195 Victoria Drive, Riverside,
California, 92506, and operated by James Turner, P.O. Box 42, Nunn, Colorado 80648, and
WHEREAS, the Board has caused an inspection of the above described parcel of land
by the West Greeley Soil Conservation District, 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, 2000, at which time the Board deemed it
advisable to dismiss the dust blowing complaint, and
WHEREAS, Elmer Hankins and James Turner, the landowners and operator were
present at said hearing, and
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of
Weld County, Colorado, that the dust blowing complaint for the above described property be,
and hereby is, dismissed.
The above and foregoing Resolution was, on motion duly made and seconded, adopted
by the following vote on the 24th day of April, A.D., 2000.
BOARD OF COUNTY COMMISSIONERS
SD COUNTY, COLOR DO
ATTEST: L ��?t 9.iS Cl_
r ��`v' Barbara . irkmeyer, hair
Weld County Clerk to th: :..
%1/42 M. J. ile, Pro-Tem
BY: •
Deputy Clerk to the e 11,, "f �
+% �1 N 1 Geor e E. Baxter
AP ED AS TO F •
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Dale K. Hall
unty Attorr
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Glenn Vaad
2000-0905
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a WELD COUNTY ATTORNEY'S OFFICE
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PHONE: (970) 356-4000, EXT. 4391
PHONE (970) 336-7235
FAX: (970) 352-0242
915 TENTH STREET
P.O. BOX 1948
C. GREELEY, COLORADO 80632
COLORADO April 11, 2000
CERTIFIED MAIL
Mr. Elmer Hankins Mr. James Turner
5195 Victoria Dr. P.O. Box 42
Riverside, CA 92506 Nunn, CO 80648
RE: Dust Blowing Complaint for Property Located in Section 7, Township 7 North, Range 63 West
of the 6th P.M., Weld County, Colorado
Dear Mr. and Mrs. Hankins and Mr. Turner:
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 Mr. Charles Jones in Section 8-7-63. Enclosed is a copy of a letter from Mr. Mike
Shay, District Manager, West Greeley Soil Conservation District, 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.
The Board will hear the matter at its regularly scheduled meeting on Monday, April 24,2000, 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. Pursuant to C.R.S. § 35-72-103(1),the Board of County
Commissioners may order treatment of the parcel to accomplish Mr. Shay's recommendations. Any such
treatment would be at your expense.
you any questions concerningplease contact th�ffice at 356-4000, Extension 4391.
If have this matter,
Very truly,your ,
l
.,Duce T. ker
!Weld unty Attorney
Enclosure
pc: Mike Shay
Clerk to the Board
Charles Jones
(C ,' ( SC'/G jirnel� Q'L/c 5 2000-0905
vr,o- r sin-
WEST GREELEY
( )\S J RZ .�\-T_1(}Z SOIL CONSERVATION DISTRICT
4302 W. 9th St. Rd.
Greeley, Colorado 80634-1398
(970)356-8097#3
wgscd@pawneenet.com
April 6, 2000
1.
Weld County Commissioners 1.1�
915 10th !�'' 1 0 2000
Greeley, CO 80632 '
vv F LO COUNTY
PCITO RN EY'S OF F !C g___.,
I have completed my review of the dust blowing complaint filed by Charles Jones against
land owned by Elmer Hankins and farmed by James Turner. The land in question is a strip of
sandy ground about 1500-2000 feet long planted to wheat that borders Mr. Jones's pasture on the
west side. The wheat in this area is poor and provides no cover to prevent soil movement. The
rest of the strip of wheat is growing rapidly and poses no blowing threat.
Sand has blown into the fence row and spreads into the pasture for about 25 yards. There are
a number of small drift piles of sand forming. Sand is lightly covering the pasture grass over the
rest of the area. If no more drifting occurs, the native grasses should recover with no replanting.
If the area continues to drift the grasses will die and annual weeds will take over. There is no
real damage to the fence line at this time,but there will be soon if the drifting is not stopped.
The wheat in this area could provide ground cover if growing conditions remain good. If not,
the land will require a tillage pass. If one pass were performed most of the wheat planted would
probably survive, but harvesting would be a little rough. The other alternative is to apply
manure to the sandy area.
Michael Shay
District Manager
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