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/
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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
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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.
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NO INSURANCE COVERAGE PROVIDED— ® Show to whom and date delivered —0
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SENT TO 2.0 RESTRICTED DELIVERY —6
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STREET AND NO. -
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P.O.,STATE AND ZIP CODE - - 3.antiCLEADORESSED TO,
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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
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