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HomeMy WebLinkAbout850532.tiff RESOLUTION RE: AUTHORIZATION FOR CHAIRMAN TO SIGN FINDINGS AND ORDER OF BOARD OF COUNTY COMMISSIONERS CONCERNING NON-COMPLIANCE OF PLOWING PERMIT #85-10 ISSUED TO WAYNE AND ERVIN VANGRAEFSCHEPE 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, received a written complaint from the Centennial Soil Conservation District in Sterling, Colorado, concerning the non-compliance of Plowing Permit #85-10 which was issued to Wayne and Ervin Vangraefschepe by Weld County, Colorado, on March 5 , 1985 , for property more particularly described as follows: NE4 of Section 7 , Eh and Part of NW4, Section 6 , Township 7 North, Range 56 West of the 6th P.M. , Weld County, Colorado WHEREAS , pursuant to said complaint, Wayne and Ervin Vangraefschepe were notified, by Certified Mail, that the Board would consider this matter on May 29 , 1985 , but neither was present nor represented, and WHEREAS, at the meeting of May 29 , 1985 , the Board heard the testimony offered by representatives of the Centennial Soil Conservation District, and WHEREAS, it was determined at said meeting that a Findings and Order be prepared by the office of the Weld County Attorney and sent to the landowners , by Certified Mail, advising them of the measures which must be taken to rectify the non-compliance of Plowing Permit #85-10 , a copy of said Findings and Order being attached hereto and incorporated herein by reference. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld County, Colorado, that Wayne and Ervin Vangraefschepe be notified, by Certified Mail, of the Findings and Order of the Board of County Commissioners of Weld County, Colorado, concerning the non-compliance of Plowing Permit #85-10 . 850532 Page 2 RE: FINDINGS AND ORDER - VANGRAEFSCHEPE BE IT FURTHER RESOLVED by the Board that the Chairman of the Board be, and hereby is, authorized to sign said Findings and Order of the Board of County Commissioners of Weld County, Colorado. The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 29th day of May, A.D. , 1985 . BOARD OF COUNTY COMMISSIONERS ATTEST: �'ec(244.' „ WELD COUNTY, COLORADO li Weld County lerk and Recorder and Clerk to the Board a�q/el e oh so , Chairman �allvg BY: ✓ Gene R. Bran ner, Pro-Tem D puty County C rk EXCUSED APPR ED AS TO FORM: C.W. Kirby/ G6r:- [57 fir's //��a 1 County Attorney nk Y �✓/GI �G��j�/�/ Frdnk Yamag hi OFFICE OF BOARD OF COUNTY COMMISSIONERS PHONE(303)356-4000. EXT. 4230 ' P.O. BOX 758 GREELEY.COLORADO 90632 O COLORADO May 30, 1985 Wayne and Ervin Vangraefschepe Box 105 New Raymer, CO 80742 RE: Non—compliance with Weld County Permit for Plowing Grasslands No. 85-10 Dear Vangraefschepes: Enclosed please find the Findings and Order of the Board of County Commissioners of Weld County, Colorado, concerning your non—compliance with Weld County Permit for Plowing Grassland No. 85-10. The permit specified that you were to leave the waterway located in the North Half of Section 6, Township 7 North, Range 56 West of the 6th Principal Meridian, Weld County, Colorado, in natural vegetation to prevent erosion by intermittent streams. You have, however, plowed out this waterway. You are therefore ordered to revegetate the waterway with Western Wheat and Blue Gramma grasses. The planting of such grasses must be done before June 18, 1985. If you do not comply with this Order and do not revegetate this waterway, the Board of County Commissioners of Weld County, Colorado, will consider the revocation of Permit No. 85-10, the directing of persons chosen by the Board to revegetate the waterway, and the assessment of the costs of said revegetation against you. Very truly yours, BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO SS-r-A3C,ta-\:t-a--);\\-1\C•cre--- Jacqueline Johnson, Chairman JJ:ss Enc. FINDINGS AND ORDER OF THE BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO WHEREAS, Wayne and Ervin Vangraefschepe, Box 105, New Raymer, Colorado 80742, received Permit for Plowing Grassland No. 85-10, pursuant to Weld County Ordinance No. 108, on March 5, 1985, in which the Vangraefschepes were permitted to till certain grasslands in accordance with a conservation plan issued by the Centennial Soil Conservation District, 621 Iris Drive, Sterling, Colorado 80751, and WHEREAS, said permit specifically stated that the grassed waterway located in the North Half of Section 6, Township 7 North, Range 56 West of the 6th Principal Meridian, Weld County, Colorado, referred to in said permit as Field No. "2" and encompassing a total of 14 acres, was to be left in natural vegetation to prevent erosion by intermittent streams, and WHEREAS, the Board of County Commissioners of Weld County, Colorado, has received a complaint from the Centennial Soil Conservation District specifying that said waterway has been plowed out by Wayne and Ervin Vangraefshepe, in contravention of said conservation plan and said permit, and WHEREAS, a show cause hearing was held by the Board of County Commissioners on May 29, 1985, wherein Mr. Lynn Healey of the United States Department of Agriculture Conservation Service recommended to the Board that the Vangraefschepes be ordered to revegetate said waterway by planting Western Wheat and Blue Gramma grasses. IT IS HEREBY ORDERED that you, Wayne and Ervin Vangraefschepe, comply with Weld County Permit for Plowing Grassland No. 85-10, by planting Western Wheat and Blue Gramma grasses in the waterway located in the North Half of Section 6, Township 7 North, Range 56 West of the 6th Principal Meridian, Weld County, Colorado, and described in said permit as Field No. "2." Said planting must be done by June 18, 1985. If you do not plant these grasses by June 18, 1985, the Board of County Commissioners of Weld County, Colorado, will consider the revocation of Weld County Permit for Plowing Grassland No. 85-10, the revegetation of said waterway by a person who the Board may direct, and the assessment of the actual cost of said revegetation upon you. /� / • BOARD OF COUNTY COMMISSIONERS �ATTEST: !T t (2.wi,CrWJjwA.et r.i' WELD COUNTY, COLORADO Weld County Clerk and Recorder By6q YCh ry and Clerk to the Board Ja quel a Johnao , Chairman By; D uty County Clerk DATE MAILED: May 30 , 1985 1 Compble items 1,P 206 965 973 � in the"RdETURN T0'°space on reverse. RECEIPT FOR CERTIFIED MAIL on sLT PeiTeueTER FOR FEES) s.The ho owing service is Dequeated(ohmk one). NO INSURANCE COVERAGE PROVIDED— -0 $Ipw fawknn and date delivered NOT FOR INTERNATIONAL MAIL —6 (See Reverse) O Show to whom,date,and address of delivery.. SENT TO 2.❑ RErestricted raitS ED DELIVERY _C Wayne & Ervin Vangraefschepe a (The restr tee delivery fee it charged in addition to the return receipt STREET AND NO. Ntfee.) 30x 105 TOTAL P O.,STATE AND ZIP CODE Q S New Rayner, CO 80742 9.ARTNIl[ 10011ESSED TO: POSTAGE Wayne and Ervin Vangraefschepe E Box 105 CERTIFIED FEE a New Raymer, CO 80742 N SPECIAL DELIVERY C 4. TYPE OF SERVICE: RESTRICTED DELIVERY ¢ OREGISTERED INSURED ARTICLE NUMBER w w SHOW TO WHOM AND DATE DELIVERED Q MutDCOO w MIMS 206 965 973 f y y SHOW TO WHOM DATE. m plays obtain signature of addressee or y : AND ADDRESS OFagent) 2 c DELIVERY 2 I have received c, __ k article described above. U SIGNATURE Addressee O Authorized agent w SHOW TO WHOM AND DATE = m ELIVERED WITH RESTRICTED G $ z o c DELIVERY _ u SHOW TO WHOM,DATE AND ADDRESS OF DELIVERY WITH 6 0. AT IIIU e-�®/f� .p ¢ RESTRICTED DELIVERYIt GATE OF OEIJVIA{' //' ce TOTAL POSTAGE AND FEES $ 4 Q POSTMARK OR DATE 0.ADDRESSEE'S ADDRESS(Only�regum requested) JUN a ��e+/��� C 1 85 0 Al fi —_ J.UNABLE TO DELIVER BECAUSE: I 7a nv'. F a �# F Nor Centennial Soil Conservation District 621 Iris Drive - Sterling, Colorado 80751 April 18, 1985 wtu. r"--- ...... .,., . a� Weld County Commissioners fl ` n Weld County Courthouse M .. Greeley, Colorado 80631 APR 2 41985 Gentlemen: On behalf of the board of supervisors for the Centennial Soil Conservation District, I am writing this letter to inform you of non-compliance with an approved conservation plan prepared for Vangraefschepe Farms. According to a plan prepared by our district, drainageways on land to be plowed in the NI of Sec. 6, Twp. 7N, Rng. 56W were to be left in natural vegetation. Contrary to this, Vangraefschepe Farms has plowed out these drainageways as totally as possible with the equipment available. It is the opinion of our board of supervisors that drainageways an the land in question need to remain in natural vegetation to avoid the possibility of these waterways becoming deep gullies. This requirement was very specific in the conservation plan which we prepared for Vangraefschepe Farms. Sincerely, Tom Fehringer,, president (--\? O'1 CONSERVATION - DEVELOPMENT - SELF-GOVERNMENT OFFICE OF COUNTY ATTORNEY PHONE(303)356-4000 EXT.391 P.O. BOX 1948 1Alktr11lilie GREELEY,COLORADO 80632 COLORADO May 16 , 1985 Wayne Vangraefschepe Box 105 New RayMer, CO 80742 RE: Noncompliance with Weld County Plowing Permit for the North 1 of Section 6 , Township 7 North , Range 56 West of the 6th Principal Meridian. Dear Vangraefschepe: Enclosed please find a copy of a letter which was received by the Weld County Commissioners from the Centennial Soil Conservation District. As you can see in the letter, Mr. Fahringer has stated that you have failed to comply with the Conservation Plan of the Centennial Soil Conservation District which was the basis for Weld County Plowing Permit No. 85-10 which included the North 1 of Section 6 , Township 7 North, Range 56 West of the 6th Principal Meridian. You are hereby notified that the Board of County Commissioners of Weld County, Colorado, will conduct a show cause hearing on Wednesday, May 29 , 1985 , at 9 :00 a. m. , at which time the Board will consider your noncompliance and the possible revegetation of the parcel described above. The hearing will take place in the First Floor Meeting Room, Weld County Centennial Center Complex, 915 Tenth Street, Greeley, Colorado. The hearing will be part of the agenda for the Board' s regular Wednesday meeting. You are welcome to attend the meeting and hearing in order to present evidence which may show that you have been in compliance with the permit. If you should have any questions concerning this letter or concerning the hearing on May 29 , 1985 , please feel free to call me at 356-4000 , ext. 4391 . • Ver truly yours, Bruce T. Barker Assistant County Attorney BTB:rm Enc. •SANDER:Conwayle horns 7,2, :),and 4. Add You address in the"RETURN TO"space P206965 9 72 on reverse k' (CONSULT POSTMASTER FOR FEES) RECEIPT FOR CERTIFIED MAIL I.The following service is requested(check one). NO INSURANCE COVERAGE PROVIDED— ® Show to whom and date delivered —0 NOT FOR INTERNATIONAL MAIL O Show to whom,date,and address of delivery..(See Reverse) SENT TO 2.0 RESTRICTED DELIVERY —6 Wayne Van (The resM u ned delivery fee charged in addition to �T'defSChepe _ the warn receipt fee) STREET AND NO. - Box 105 TOTAL ; P.O.,STATE AND ZIP CODE - - 3.antiCLEADORESSED TO, New Raymer, CO 80742 Wayne Van POSTAGE _ a Box graefschepe 105 CERTIFIED FEE r New Raymer, CO 0 80742 CO - �u SPECIAL DELIVERY e M 4. TYPE OF SERVICE: ARTICLE NUMBER RESTRICTED DELIVERY --- a g0 RED O INSURED ff 3 [21 canna t2 ts. U DATE DELIVERED AND t ❑EZPRExe rA1LO con P 206 965 972 SHOW To WHOM,DATE. (Always obtain signature of addressee or y m AND ADDRESS OF g a 1= DELIVERY I have received the article described above. " W snow ro WHOM nNo DATE —— SIGNATURE O Add O Authorized >, w t ¢ DELIVERED WITH RESTRICTED // 1, o c DELIVERY r AYM SHOW TO WHOM,DATE AND 5. ¢ s ADDRESS OF DELIVERY WITH 7E OF LIVERY .-•- •• , e O RESTRICTED DELIVERY ry -J (- S 2' TOTAL POSTAGE AND FEES $ z POSTMARK OR DATE 6.ADDRESSEE'S ADDRESS(Only((requested) — edt ` • O. § J E 7.UNABLE TO DELIVER BECAUSE: 7a.E g O Ri STATE OF COLORADO DEPARTMENT OF AGRICULTURE DIVISION OF PLANT INDUSTRY -occo2 1525 Sherman Street Telephone: (303) 866-2838 Q� g: Denver,Colorado 80203 N (303) 866-2811 NEW ,„..n , 7''' I ,'„/_876 July 1, 1985 $' pp�� r2��Q� Richard D. Lamm, `�V� Z ` I�l7.J Governor Timothy W. Schultz, 1._..y Commissioner MEMORANDUM GREELEY. COLO. • Donald Svedman, Deputy Commissioner TO: Jacqueline Johnson, Chairman Weld County Board of Commissioner Agricultural Commission CCCI1Y/lYY;"' Naioma Benson, FROM: R. I. Sullivan, Director Sterling Perry Christensen, Division of Plant Industry Grand Junction Stephen Driftmier, SUBJECT: Agreement of State Participation in County Roadside Lakewood Spraying for Grasshopper Control Ben Eastman, Hotchkiss (State participation shall not exceed $ 5,000) John Malloy, Denver This memorandum will confirm our agreement to share the cost of Elton Miller, Fori Lupton roadside spraying for grasshopper control in Weld County Don Moschetti, for the period ending July 31 , 1985 Center William Webster, The State will provide 2/3 of the total cost of the pesticide and Greeley application not to exceed a cost of $3.00 per acre as the State's Clede Widener, share. Granada State payment for participation shall be conditioned upon the following: 1. Indemnify, save and hold harmless and defend State, and all of its employees and agents , acting officially or otherwise, from any and all liability, claims, demands, actions, debts, and attorney fees arising out of, claimed on account of, or in any manner predicated upon loss or damage to the property of and injuries to, or death of all persons whatsoever, which may occur, or is sustained in connection with the performance of this agreement, or by conditions created thereby, or based upon any violation of any statute, ordinance, or regulation, and the defense of any such claims or actions; 2. Products and services are supplied at the lowest cost available (bids if possible) ; 3. Grasshopper control applications are made to roadsides bordering cropland in which high populations of grass- hoppers are known to exist in the barrow pits and ditches along the roadsides; Memorandum to Jacqueline Johnson, Chairman, Weld Cty. Bd. of Commissioners Agreement of State Participation in County Roadside Spraying for Grasshopper Control July 1, 1985 Page 2 4. Carbaryl, cythion or acephate insecticides are used as control agents (other insecticides may be con- sidered upon request) ; 5. Farmers adjacent to roadsides where applications are made act to control grasshoppers along fence rows and ditchbanks on their properties; and 6. Apply all pesticides in strict accordance with all label directions. Upon completion of the project, please provide this Department with a billing that will include the date/s of application, total acres sprayed, total per acre cost and statement of payment due. This procedure has been approved by Dr. E. R. Roon, Director, Division of Purchasing, Department of Administration. RIS:eg cc: Leslie A. Zermuehlen, Chief Pest Control Districts Section Dennis Wolfard, Director Division of Administrative Services Weld County Extension Service •rrCooperative Extension Service Colorado State University Weld County Extension Office 425 North 15th Avenue Exhibition Building, Island Grove Park Greeley, Colorado 80631 303/356-4000 Ext. 4465 May 22, 1985 TO: Board of County Commissioners c/o Jackie Johnson, Chairman FROM: Marto R. Meakins, County Extension Director RE: Roadside Spraying for Grasshopper Control Dear Commissioners: The State Department of Agriculture has agreed to pay two-thirds (2/3) of the total cost of roadside spraying for grasshoppers, not to exceed $3.00 per acre with a total not to exceed $10,000. This is the same type of agree- ment that was made last year. Due to the severity of the grasshopper population last year and to the survey outlook for this year, I ask that the Board of Commissioners request the $10,000 in State cost share money as two-thirds (2/3) of our roadside grasshopper program. This request needs to be sent to Colorado Department of Agriculture, c/o R. I . Sullivan, 1525 Sherman Street, Denver CO 80203. At this time only $100,000 will be available from the State on a first-come basis. Weld County' s only involvement in this program would be to pay for the spraying bill and seek the 100% reimbursement from the State of Colorado. The county' s one-third (1/3) share would be the equipment and labor for spraying. This would not be an additional charge as we already have that equipment and labor working on weed programs; we just add chemical for grasshoppers. Thank you for your cooperation. Mario R. Meakins County Extension Director MRM/ps 6UColorado State University, U.S. Department of Agriculture and Weld County Cooperating Hello