The URL can be used to link to this page

Browse Search

Home My WebLink About910229.tiff RESOLUTION RE: APPROVE FINDINGS AND ORDER CONCERNING DUST BLOWING COMPLAINT - MICHAEL C. NEES 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) , CRS, that dust is blowing from property located in the N/2 NW/4 of Section 14, Township 2 North, Range 65 West of the 6th P.M. , Weld County, Colorado, said property being owned by Michael C. Nees, 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 April 1, 1991, at which time the Board made Findings of Fact pursuant to Section 35-72-101(1) , and WHEREAS, Michael C. Nees, the landowner was not present at said hearing, and WHEREAS, upon said Findings of Fact, the Board did order that the owners and/or operators of said property, Michael C. Nees, 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 Chairman of the Board is authorized to sign said Findings and Order and that Michael C. Nees is 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. BE IT FURTHER RESOLVED by the Board that this matter will be reconsidered by the Board on April 15, 1991, at 9:00 a.m. 910229 X OO I k � f Page 2 RE: DUST BLOWING - NEES The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 1st day of April, A.D. , 1991. /� //{� / BOARD OF COUNTY COMMISSIONERS ATTEST Ail i WELD COUNTY, COLORADO Weld County Clerk to the Board EXCUSED Gordon E. Lacy, Chairman Deputy C ageg rk to the Board es9e7.1. 4.4-' e Ken edy, Pro-Tem APPROVED AS 0 FORM: ef1.��/" ance L. Harb /XX*County Attorney C. W. Kirby AWW. H e ial) 910229 s ,,, `_,,, ip... OFFICE OF COUNTY ATTORNEY PHONE(3031 356-4000 EXT. 4.191 P.O. BOX 1948 GREELEY,COLORADO 80632 11 I i C. COLORADO April 2 , 1991 Michael C . and Robin Sue Nees 22010 Weld County Road 22 Hudson, CO 80642 RE : Findings and Order in Dust Blowing Case Dear Mr. and Mrs . Nees : Enclosed herein please find a copy of the Findings and Order of the Board of County Commissioners of Weld County, Colorado, regarding the dust blowing complaint for property owned by you and located in Section 14 , Township 2 North, Range 65 West of the 6th P.M. , Weld County, Colorado . Please note that the Board of County Commissioners has ordered that you perform one or more of the remedial measures stated in Exhibit "A" which is attached to the Findings and Order on or before April 15 , 1991 . The Board will review this matter on April 17 , 1991 . If you should have any questions regarding the Findings and Order, please feel free to call me at ( 303 ) 356-4000 , extension 4391 . Very truly yours , • „� , ! Bruce T. III Barker Assistant County Attorney BTB: sa Enc . xc : Platte Valley Soil Conservation District 910229 FINDINGS AND ORDER OF THE BOARD OF COUNTY COMMISSIONERS OF WELD COUNTY, COLORADO WHEREAS, a Complaint, in writing, has been received by the Board of County Commissioners of Weld County, Colorado, specifying that dust is blowing from the following described parcel of land: The property which is described in the deed recorded at Book 1004, Reception No. 01936792, in the office of the Weld County Clerk and Recorder, a copy of which is attached hereto as Exhibit "A, ", and WHEREAS, the Board has caused an inspection of the parcel of land complained of, and WHEREAS, pursuant to the provisions of Section 35-72-103(1) , C.R.S. , and pursuant to such complaint and inspection, a hearing was held on the 1st day of April, 1991, by the Board of County Commissioners for the purpose of determining whether or not to issue an Order pursuant to said statute. The Board, having heard the testimony of Tony Dowdy, and having considered Mr. Dowdy's letter received March 29, 1991, and a letter dated March 27, 1991, from Clyde Abbett, President, Board of Supervisors, Platte Valley Soil Conservation Service, a copy of which is attached hereto as Exhibit "B, " MAKES THE FOLLOWING FINDINGS: 1. That soil is blowing from the land described above in sufficient quantity to be injurious to private and public property. 2. That an emergency exists. 3. That the operation in question has been in existence for more than one (1) year. It appears at present that the operation (a horse arena) may be negligent, given that the soil is of a sandy nature and no vegetation covers the arena. 4. That such soil blowing can be prevented or materially lessened by the treatment of the soil. 5. That property damage appears to be resulting from the soil blowing. IT IS HEREBY ORDERED that you, Michael C. and Robin Sue Nees, whose address is 22010 WCR 22, Hudson, CO 80642, the owners of the property described above, perform one or more of the remedial measures mentioned in Exhibit "B" to prevent further dust blowing from such property. The remedial measures must be completed no later than April 15, 1991. This matter will be reconsidered by the Board of County Commissioners of Weld County at its regularly scheduled meeting at 9:00 o'clock a.m. on April 17, 1991. If you, Michael C. and Robin Sue Nees, the property owners, do not perform the remedial measures required in the said time frame, then the Board will, upon further consideration, order treatment of the soil and/or cause the above stated remedial measures to be done and bill you for all costs incurred by the Board of County Commissioners in so performing this work. DONE THIS1st day of April, 1991. ATTEST: ° I BOARD OF COUNTY COMMISSIONERS OF WELD COUNTY, COLORADO Weld County Clerk to the Board Bye '/ George Kennedy, Chairman Pro-T f By: 111---('-•- / �J✓Deputy Clerk to the Boa d 91C22.(,) '., ,I r.------a- AR21.72286 ,_ B 1225 REC 02172286 03/02/89 12:21 56.00 1/002 '.A . "."n"""'" F 1846 MARY ANN FEUERSTEIN CLERK 4 RECORDER WELD CO, CO . WARRANTY DEED • THIS DEED. Made this 28th day of FEBRUARY It+89 Ivtveen JIM D. TORREZ AND • BRENDA TORREZ ,d the •c'„umynf WELD and Jute Documentary Fos L State of Colorado,grantor.and MICHAEL C. NESS D¢ri, �:�.;( APQ • ROBIN SUE NESS 2Z i _ ;I s.ho•c legal addles.is 22010 WELD COUNTY ROAD 22 • . HUDSON, CO 80642 . _ in the County of WELD and Slate of Colorado.grantees: II _ , • ,. WITNESS,that the grantor.for and in consideration of the sum of *(87,732..79 )*• t . *'EIGHTY SEVEN THOUSAND SEVEN HUNDRED T1,DRIN 'IPA DOLLARS ANn 79/100 DOLLARS* !' the receipt and sufhacncy of which is hcnby acknowledged,has granted.bargained,sold and conveed,and by these presents does i ... grant.bargain.wll.convey and confirm unto the grantees.their heirs and assigns forever,not in tenancy in common buun pint tenancy, !I - V all the real property,together with improvements. if any,situate,lying and being in the County of I • A WELD and State of Colorado,described as follows: i A SEE ATTACHED EXHIBIT "A" FOR LEGAL DESCRIPTION O• W t . < , c •S, also known by street and number as 22010 WELD COUNTY ROAD 22, HUDSON,CO 80642. ' • TCH:fTHt;R with all and singular the hcndnamcnts and appurtenances thereunto belonging,or in an. I¢appertaining and the 1' reversion and'eversion..remainder and remainders,rents,issues and profits thereof,and all the mum,nab,,tide,interest.claim and ` • demand whatviocr of the grantor.either in law or equity.of,in and to the afire bargained premises.with the hereditaments and • . appurtenances. • TO HAVE AND TO HOLD the said premiCa Mare bargatnd and desenbed.with the appurtenances.unto the grantees.their heirs a and assigns forexr.And the grantor.for himself.has heirs and personal remesenutives.does covenant.gram.bargain and agree to and I • • with the granites.their heirs and assigns.that at the time of the vide&leg and delivery of these presents.he is well wired of the premises allow conveyed,has good.sure.perfect.absolute and indefeasible estate of inheritance,in law.in fee simple.and has good right.full I I power and lawful authority to giant.bargain.sell and uonsey the sate in manner and form aforesaid.and that the same unfree and clear ,.). from all forme) Ind other grants.bargains.vales.liens,taxes.assessments.encumts ances and restrictions of whatever kind or nature I • vr.f.mmthe general real xgefstaaatt�eA�HtaxpeEssgaandpas BRs(e�ssssmpepntsT for 411998? and Ali CHARLESoFnN[qpCpURpRpYp9p C55OMgPq 7A7flfERECORDEDEAPRZLoR3 T19tl6aINR800Rsments aY11 U0ASts �i' RECE,ET,4BNASSOME2RAB9PAYWHICH THE PARTIES OF THE SECOND PART DO HEREBY The grantor shall and will WARRANT AND HDREVER.DEFEND the aboveibugained premises in the quiet and peaceable t possession of the grantees. then hem and assigns,against all and every person or persons lawfully claiming the whole or any put ;hereof. The singular number shall include the plural,the pluralthe singular.and the use of any gender shall be applicable to all genders. I I ' IN WITNESS WHEREOF the grantor has eaecuted this deed on the date set forth abrie.�—. I is • m B, gA •• •El ...-gII ; . #432 .<at,5-2,4-5 (JJ� STATE OF COIARADO 1( I I D ' 1 • • Cos County of ADAMS • ' The foregoing instrument as acknowledged before me this 28th day of FEBRUARY .y 89 . by JIM TORREZ AND BRENDA TORREZ . O�F8o(°' Witless my hand and official seal. .� "••• MY Commiaawn aprms 181/27/ w 99 1 • WIZIJNAGA Q. 3 —jam_ `v. �'e c.nrt rn d+4�0 Q!1 ___ ', CO-( r•', . . •If is Ormer.lase EXHIBIT "Au . •. OW Comm ion exptres August 21. 1989 A4 !l r)a • ' No.a:tA.Re,343.wuaA•O1 noert +Tro mso . ".J.N hw.a.., ill,Yurt V IY..' 1 +' B 1225 REC 02172286 03/02/89 12:21 $6.00 2/002 t F 1847 MARY ANN FEDERSTEIN CLERX S RECORDER WELD CO, CO EXHIBIT "A" • Covering the Land in the State of Colorado, County of Weld. - Described as: - PARCEL 1: , A part of Lot A of Recorded Exemption No. 1307-14-2-RE338, recorded September 18, 1978 in Book 845 as Reception No. , 1766934, being more particularly described as follows: A parcel of land in the N1/2 of the NW1/4 of Section 14, ' Township 2 North, Range 65 West of the 6th P.M. , described as: BEGINNING at the Northwest corner of said Section 14; thence 800'21 .40'E, along the West line of said Section 14, ' ' a distance of 701.21 feet; •• ' �' thence N89'38'20•E, a distance of 147.00 feet; - �� • thence N00'21'40•W, parallel to the West line of said Section • 14, a distance of 700.28 feet to a point on the North line of said Section 14; ' thence N90'00'00•W, along sal;. North line, a distance of 147.00 feet to the POINT OF BEGINNING. PARCEL 2: •• 1 A part of Lot B of Amended Recorded Exemption No. , 1307-14-2-RE338, recorded June 4, 1981 in Book 938 as a . Reception No. 1859670, being more particularly described as follows: A part of the NI/2 of the NW1/4 of Section 14, Township 2 . • North, Range 65 West of the 6th P.M. , being more particularly j ' described as: BEGINNING at the Northwest corner of said Section 14; thence N90'00'00'E, on an assumed bearing along the North line • of said Section 14, a distance of 147.00 feet to the Northwest t corner of said Lot B, and the TRUE POINT OF BEGINNING; thence 500'20'40•E, a distance of 479. 15 feet to a point; thence N44'49'30•E, a distance of 675.16 feet to a point on - • said North line,, - thence S90'00'00• 4, along said North line a distance of 479. 15 ' feet to the TRUE POINT OF BEGINNING. • .r 1. ,. 91G27.09 • PLATTE VALLEY 60 South 27th Avenue L.SOI CONSERVATION Brighton , CO 80601 DISTRICT Phone : 659-7004 March 27, 1991 M r . B r �i c T. Barker •, Assistant Weld County Attorney ll ,1 Weld County , Colorado " ` '� L� 915 10th Street —T Greeley , CO 80631 1! r_,..AJ TY ATTORNEY'S OFFICE RE: Bust Blowing Complaint for property located in the north 1/2 of the northwest 1/4 of Section 14 , Township 2 North , Range 65 infest of the 6th P.M. , Weld County , Colorado Dear Mr. Barker : in looking at this property from Weld County Road 22, it appears that the property was tilled in the fall of 1990 or early in 1991 . The tillage operation left the land bare of any vegeta— tion . It appears that the tillage pulverized the soil . According to the Soil Survey for Weld County , Colorado , Southern Part, the soil on this particular piece of property is classified as Nunn loamy sand , 0 to 1 percent slopes . This soil , when bare of vegetation , is very susceptible to soil erosion from wing . To prevent soil erosion this area could be mulched with 4000 pounds of straw per acre or 20 tons of manure . See attached SCS Stan— dards and Specifications for Mulching . Any straw spread over the area should be anchored into the soil using a straw crimper . Another option would be to seed this area to adapted vegetation and then mulch it. Once the vegetation was established it would prevent erosion . If the vegetation was an annual crop any future cultivation should be done in such a way that at least 1000 pounds of residue was on the soil surface after seeding the next crop . Should the landowner choose to seed the area to grass then, once established , the grass would protect the soil from erosion. The grass should be managed so that at least a four inch stubble height is left on grass at all times . This is a small area and if the landowner has animals (horses, cattle , sheep , etc . ) then the area should only be used for limited grazing and exercise . The animals should be kept in a. small lot and fed hay . This letter was written in consultation with Roy D. Bel ! , District Conservationist , Soil Conservation Service . Sincerely , e4a Clyde Abbett, President EXHIBIT "B" Board of Supervisors 91C 2`: UNITED STATES DEPARTMENt OF AGRICULTURE Technical Guide Soil Conservation Service Section IV Colorado All Field Offices February 1982 STANDARDS AND SPECIFICATION MULCHING - 484 (Acre) Standard Definition �//B. Straw or Hay Mulch Applying plant residues or other 1 . The material will be grass materials not produced on the site to hay or cereal grain straw (both the soil surface. referred to as straw in these specifications) . Purpose 2. The normal rate of appli- To conserve moisture; prevent surface cation shall be 4,000 lbs/ac. of compaction or crusting; reduce runoff air-dry material spread uniformly and erosion; control insects; and help over the area. establish plant cover. 3. At least 50% of the mulch Conditions where practice applies by weight shall be 10 inches or more in length. On soils subject to erosion on which low-residue-producing crops, such as 4. The straw will be free of grapes and small fruits are grown; on noxious weeds. critical areas; and on soils that have a low infiltration rate. 5. One of the following methods of anchoring the straw mulch will be used: Specifications a. Manufactured mulch Ai General netting: Mulch netting will be ,.,_. pulled hand tight over straw. 1 . The area shall be relatively :Mulch netting will be held firmly smooth and free of gullies or drifts. in place by metal pins commer- cially available from mulch net 2. Mulching material shall be manufacturers for this purpose. applied immediately before or after They are usually made of 8 guage seeding unless seed is applied with wire and are 6-8 inches long. Pin the mulch. When stabilizing sandy spacing will be in accordance with soils it is recommended that seeding the manufacturer's instructions. will be done after mulch application If the soil is sandy or otherwise to prevent seeding too deep. For loose, use longer pins and wooden additional information refer to stakes to firmly secure the Agronomy Technical Note 1147 (Rev. 1) . netting. TGN #182 2/82 01.0229 484-2-Mulching b. Asphalt: Either liquid or emulsified asphalt products may be blown on with the straw, or sprayed or sprinkled after the straw is spread. .4n application rate of 0.10 gal/sq.yd. or 500 gal/ac. should be used with the liquid asphalt and a rate of 0.04 gal/sq.yd, or approximately 200 gal/ac. should be used for the emulsified asphalt. Manufacturer' s recommendations should be followed in the mixture of asphalt and carrying agent. c. Other products are polyvinyl T acetates and organic tackifiers. d. Mechanical method - special equipment is manufactured specifically for this purpose. However, if a "mulch crimper" is not available, a farm type disc plow can be used by setting the disc straight and apply adequate weight to crimp the straw 4 inches into the soil. C. Jute Netting A heavy woven jute mesh designed for mulching. Install in accordance with the manufacturer's recommendations. D. Excelsior Mat A wood product covered with a plastic netting. Installation will be in accordance with the manufacturer's recommendations. E. Erosion Control Fabric or Blanket A biodegradable polypropylene material constructed with knitted yarn interwoven with strips of paper. Installation will be in accordance with the manufacturer' s recommendations. F. Feedlot or Barnyard Manure 1 . The manure must be of a type that has 60% or more, by weight, heavy chunks 5 inches or more in diameter. Granular or powdery manure will not meet specifications. 2 . The minimum rate of application shall be 20 tons per acre spread uniformly over the area. 3. The manure will be applied immediately before or after seeding depending on conditions determined by the technician. 910221 TGN #182 2/82 KEEPING HORSES IN RESIDENTIAL AREAS , y A � yq�S 4.:. --I ter..'�� N.V V�. i@�$'y/�' «t �" ` .... �Q �.../3i /A�e� .. ...,y ff+ .11Y j P , /'�'.:: ts— — , i{ ;,. r• �� >. 1 $,y+ V y d, as. T .n ✓ _ +`e ai aEf.4°{�Y Barrel Racing - One of the many hobbies enjoyed by the horse owner of the suburbs. Thousands of horses are kept for pleasure riding, calf roping, and other hobbies in residential areas,, Horses, • if properly fed, watered, and kept in suitable corrals or stables, can be a pleasure to the owner while at the same time not being a disturbing nuisance in a residential c unity. Horses kept on inadequate pastures and suffering from lack of nutrition are sources of odor, ugliness, pollution and mental anguish. The following guidelines and recac[nendations are for those who keep horses in suburbs, towns, and other populated areas. 1322i>1 U.S.DEPARTMENT OF AGRICULTURE,SOIL CONSERVATION SERVICE Co.7-N-14000-267 Horse Pastures Many horse owners are confronted with the question of where to find enough pasture to keep or "carry" their horses. The problem of adequate pasture is especially critical in suburban areas. Over-grazed pastures are easily recognized and all too common in the suburbs of our affluent society. Few horse owners have access to pastures large enough to maintain the horses they intend to support. A saddle horse not being worked especially heavy will eat from 30-40 pounds of forage per day. The typical non-irrigated pasture can produce only 500 to 1000 lbs/acre per year. It would require about 30-50 acres of pasture per year to adequately graze one horse. When this acreage is not available over-grazed pastures soon become harren fields that revert to mud holes during wet periods and dust bowls in the dry summer months. They are sources of pollution and noxious weeds, and are esthetically unacceptable to the community. If you keep horses, you should plan to food them adequate hay and grain. Do not rely on non-irrigated pastures for grazing. Use them instead for riding areas. Irrigated pastures which are well managed, fertilized, and fenced may provide excellent grazing if the horses are rotated from pasture to pasture to allow regrowth of forage. Additional hay and grain may still be needed to keep horses and pasture in good condition. Feeding Horses A horse can consume great airounts of feed. As a minimum for yogi nutrition, a lightly worked saddle horse should get from 10 to 20 pounds of hay and a ration of grain per day. Oats or other con- centrates are commonly fed three times a day, the evening meal being the largest. If alfalfa hay is of good quality, 10 pounds per day may be enough. With low quality hay, 20 or more pounds per day is needed. Note: Information on feeling and caring for horses may be obtained from veterinarians, horse specialists, or through the Colorado Extension Service. 910223 Corrals and Stables Corrals or stables are the preferred method of keeping horses in a residential area. Horses fed in corrals or stables must bP kept under conditions which will meet basic needs for sani- tation and natural beauty. Check on local ordinances and zon- ing regulations to be sure you mcet community_requirements. Horses should be stabled as far as possible from other buildings to minimize odor and nuisance problems. You may wish to plant trees and shrubs to screen corrals, sheds and manure piles from public view. The trees can also serve as windbreaks. But you will need to protect them from the horses or they will not survive. Stables should be located on a well-drained gently sloping site. You should also look for a site that offers protection from winter storms and is shaded with good air circulation during hot sunnier days. Construct stables in harmny with the general architecture of the neighborhood and use durable materials which will resist deterioration, fire, rodents, termites, windstorms and dampness. Floors in horse stalls should be made with wooden blocks sealed in asphalt or other impervious material. Do not use concrete. Floors should be sloped for drainage. Floors in feed and tack rooms should be concrete so they can ha hosed down, kept clean and odor free. Corrals should also be located on gently sloping sites for better drainage. It may be necessary to underlay the area with 4-6 inches of gravel, covered with 4 inches of sand to obtain adequate drainage. (( ! : 4�F k N v z ! f -» `'� Z' y_P0 RAS s y�P I—Ai f�CLfPPIN6,S wew "� � C f 4'. a ,._ A horse should have an average of 11 gallons " , of water per day depend- w 4,4-•;„ e a zvg on air temperatures. h k.''', . i;i-.: +..'. ..u�RS S t.Skus ':'e't, '' vppsv-i 91 1229 Sanitation A primary environmental concern is manure disposal. Accumulated manure affords breeding places for flies which if not controlled constitute a public health hazard. Manure accumulations may also became sources of water pollution. When it rains or snow melts, runoff waters may carry manure into streams or public water supplies. Odors and ugliness are also causes for complaints from neighbors. All manure should be removed and stored or disposed of to prevent the breeding of flies. Manure should be removed from stalls once each day and from corrals as frequently as possible, especially in the warm months. Final disposal during the fly-breeding season may be accomplished by: (1) Spreading the manure upon the ground in a thin layer not over one or two inches thick. It requires four to seven days for manure to properly dry; (2) Storing the manure in a pile that is completely covered with a plastic tarp or with one inch of loose soil, dried manure or sawdust; or (3) Storing manure temporarily in a screened shed with a concrete floor and then spreading periodically on fields, or hauling away for use as fertilizer or composting material. Insect and Rodent Control Stables should be rodent proof. Openings should be screened to keep out flies. Insecticides may also be necessary. Grain should be stored in metal-lined bins with covers. 91.0229 ` r ` '{ a � OFFICE OF COUNTY ATTORNEY PHONE(303) 356-4000 EXT. 4191 it*i 41,24 P.O. BOX 1948 GREELEY. COLORADO 80632 �h • COLORADO March 25, 1991 Roy Bell U.S .D.A. Soil Conservation Service Brighton Field Office 60 S . 27th Avenue ' Brighton, CO 80601 , RE : Dust Blowing Complaint for Property Located in the North 1/2 of the Northwest Quarter of Section 14, Township 2 North, Range 65 West of the 6th P.M. , Weld County, Colorado Dear Mr. Bell : As per our telephone conservation of Friday, March 22 , 1991 , the Board of County Commissioners has received a dust blowing complaint for property located in the North 1/2 of the Northwest Quarter of Section 14 , Township 2 North, Range 65 West of the 6th P .M. , Weld County, Colorado . Enclosed you will find a copy of a plat map for Recorded Exemption No . 338 . The property which is the subject of the dust blowing complaint is highlighted in yellow. It is my understanding that you or someone from your office will inspect the property and report back to the Board. Your report will include what the inspection revealed and will recommend remedial action to be performed by the owner and/or occupier. Please note that the hearing concerning the dust blowing complaint before the Board of County Commissioners has been set for Monday, April 1 , 1991 . Therefore, I would like to receive this report no later than Friday, March 29 , 1991 , so that I may confirm the complaint and have the information ready for the Board ' s hearing. If you should have any questions or comments concerning this letter, please feel free to call me at 356-4000 , Ext. 4391 . Sincerely, . . ruce T. Barker Assistant Weld County Attorney BTB: rm Enc . ('�4 4."rr,si t . 7'2 El TO March 28 , 1991 Clerk to the Board County Commissioners of Weld County P.O. Box 758 Greeley, Colorado 80632 RE: Sand Blowing Complaint for Property Located in the North Half Northwest Quarter of Section 14 , Township 2 North, Range 65 West of the 6th P .M. , Weld County , Colorado Dear Weld County Commissioners : I phoned in March 21 , 1991 to ask what I can do to get the property owner Micheal Nees , 22010 WCR22 , Hudson, Colorado 80642 , legal description listed above, to keep his property from blowing sand across the road on our property . He has worked the land which is sandy soil , to a sugar fine, and when the wind blows it blows sand and dust over the road on our dairy, giving our cattle health problems, such as dust pneumonia and our health has also been affected. We called Mr . Nees and offered him manure to spread on the property to hold the sandy ground from blowing . Mr . Nees was not interested and has not contacted me and is not doing anything to keep his property from blowing on me the rest of the year . I phoned the Weld County Health Department , ASC Office in Brighton, Roy Bell , Commissioner Dick Webster , Commissioner George Kennedy, and Assistant County Attorney Bruce Barker . I understand that I must send in this complaint letter before the complaint can proceed. Thank you for your attention to this matter . If any questions , please feel free to phone me at 536-9270 . Very truly yo , Gtr- �w Tonyiarjorie Dowdy 22071 WCR 22071 Hudson, CO 80642 ( 303) 536-9270 91_0229 ‘\ _.) CLERK TO THE BOARD P.O. BOX 758 I GREELEY,COLORADO 80832 C. (303)358-4000 EXT.4225 PCOLORADO March 25, 1991 Michael C. Nees 22010 Weld County Road 22 Hudson, CO 80642 RE: Dust Blowing Complaint for Property Located in N/2 NW/4, Section 14, Township 2 North, Range 65 West of the 6th P.M. , Weld County, Colorado Dear Mr. Nees : The Board of County Commissioners of Weld County, Colorado, has been informed that dust is blowing from a parcel of land owned by you, as hereinabove described. According to the information received, the soil is moving from said parcel and is causing damage to surrounding properties . Pursuant to Section 35-72-]02(b) , C.R. S. , it is the duty of the owner or occupier of any land in the State of Colorado to prevent soil blowing from such land. Vie Board will hear the matter at its regularly scheduled meeting on .9p#4.; .m.. . The meeting will take place in the First Floor 'eeting 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. The Board requested an inspection of the above-described property, and the inspector will be present at the meeting in order to inform the Board what his inspection revealed and recommend treatment of the property. Pursuant to Section 35-72-103(1) , C.R. S. , the Board of County Commissioners may order certain treatment of the parcel so as to reduce or abate the dust blowing therefrom. If you have any questions concerning this matter, please contact the County Attorney' s Office, 356-4000, ext. 4391. Very truly yours, Donald D. Warden, Weld County Clerk to the Board C)/ 4 /, Deputy Clerk to the Board 91+0229 • 4- -q NDER: I also wish to receive the • Complete items 1 and/or 2 for additional services. following services (for an extra • Complete items 3, and 4a &b. • Print your name and address on the reverse of this form so fee): that we can return this card to you. 1. ❑ Addressee's Address • Attach this form to the front of the mailpiece, or on the beck if space does not permit. 2. ❑ Restricted Delivery I • Write "Return Receipt Requested" on the mailpiece next to Consult ostmaster for fee. the article number. Article Number 4a. Q 3. Article Addressed to: LT/ u 4b. Service Type MICHAEL C. NEES ❑ Registered ❑ Insured 22010 WELD COUNTY ROAD 22 4,Certified ❑ COD HUDSON, CO 80642 ❑ Express Mail ❑ Return Receipt for M rchandise 7. Date of Delivery 5. nature (Addressee) 8. Addressee's Address(Only if requested and fee is paid) 6. Signature (Agent) PS Form , Oc ober 1990 *U.S.oro:ieea-zrs.est DOMESTIC RETURN RECEIPT 9 N /615r�F o 3 u m abed Jo giewisod O 0 c- g saad pue Revised'1V101 c m Nanyad to c pue'abed 'pa lm o�6uimoys ys�dhaiaead wmad Om N paangad abed pue worm o� 6wmoys idiaaay wn�ad aad Aianilad papipsad aad Manila°Roads aad palopao 4 a6elsod Z7908 OD `NOSQOH ZZ OV08 ISNUOD (FIRM OTOZZ S33N 'D laVHDIR 11VW 1VNOISVNB31NI NO110N 0301A0Nd 3001\00 3ONVd OSNI ON 111/IN 031dI1H30 HOd 1d1303Fi 910229 L99 2Lh LBE d 1, i__iiCI OFFICE OF COUNTY ATTORNEY t r PHONE(3031 356-4000 EXT. 4391 ii 1 P_O- 00X t948 GREELEY, COLORADO 80632 ..c{:.:� 1 O COLORADO March 25 , 1991 Marjorie Dowdy 22071 WCR 22 Hudson, CO 80642 RE : Dust Blowing Complaint for Property Located in the North Half Northwest Quarter of Section 14 , Township 2 North, Range 65 West of the 6th P .M. , Weld County, Colorado Dear Ms . Dowdy: Thank you for calling in a dust blowing complaint on March 22 , - 1991 . You complaint concerns property located in the North Half Northwest Quarter of Section 14 , Township 2 North, Range 65 West of the 6th P .M. , Weld County, Colorado. According to your complaint, dust has been blowing from the parcel and has caused damage as a result . I respectfully request that you provide the Board of County Commissioners with a note or letter describing the following : 1 . Your name, address , and phone number. 2 . The extent of the dust blowing and the legal description or other description of the location of the parcel from which the dust is blowing. 3 . The name of the owner of the parcel. 4 . The damage to public or personal property caused by such dust blowing . I know that the above listed information seems superfluous , but the Board must have this information in written form from the complainant in order for the complaint to proceed . Please send the note or letter to : Clerk to the Board of County Commissioners of Weld County, P . O. Box 758 , Greeley, Colorado 80632 . It is important that the Clerk to the Board receive this letter or note as soon as possible. Marjorie Dowdy Page 2 March 25, 1991 Based upon the information supplied in your telephone call , the Board of County Commissioners has asked for an inspection of the subject parcel . The inspection will determine the extent and effect of the dust blowing. The Board will hear the matter of the dust complaint on Monday, April 1 , 1991 . The hearing will take place in the Board ' s First Floor Meeting Room, Centennial Center Complex, 915 Tenth Street, Greeley, Colorado, at 9 : 00 a.m. You may wish to be present on that date to testify as to the extent and effect Of the dust blowing. If you should have any questions or comments concerning this letter, please feel free to call me at 356-4000 , extension 4391 . Very truly yours , ce T. Barker Assistant County Attorney BTB:sa DATE : <(Zz (qi TIME : �SA� DUST COMPLAINTS Name, Address , and Telephone Number of Complainant: Al z ✓'io ---Docy 7 7 O7 1 I GJG.._v__ ! , 5.362 - 1270 Description of Property From Which Dust is Blowing: ( 725 (2d -07 ( -1 22b"Co 1?-I-, A.-)2- ( -Z - 6„ (LI7 I - 4= iCZ7 Gof ` �Gx�S o'zv" -t:S 4-171 • I S I Ci-Fl iz-f` i' c &75•`t:S 1 CO4-111, l51 4., `3.7. L2 -1- `, '`e� Description of Damage to Public or Private Property: yI Re- l Name , Address , and Telephone Number of Owner or Operator of Property : G. e--1. Z,1, Sw=--- /-'1 �., Lr� A A.D ? 2D( J (lJ G,(Z zZ— • S3 (o- 4427 / I Other Information: Noibi _t— 4, -D� 1�� i'SrC._ f \' 10� L. � p Follow-up:--ACL �a Fcar L I L, _ ASK THE Cel'TLAINANT TO PUT TIIT_S TNEORMATICN Ir WPITINfl ?ND SEND TI?E SANE T0 : C_.EPK TO THE i OAPD , P . O . DON 758 , OPEELEY , CO 80632 . 910229 • - _ : ! DATE: MARCH 21 , 1991 TIME: 10: 30 A . M. DUST COMPLAINTS Name, Address , and Telephone Number of Complainant: TONY DOWDY 22071 WCR 22 , HUDSON 536-9270 Description of Property From Which Dust is Blowing: FARM GROUND AT 22010 WCR 22, HUDSON Description of Damage to Public or Private Property: DUST IS BLOWING FROM FARM GROUND ACROSS ROAR ]'0 COMPLAINANTS HOUSE. COMPLAINTANT WORRIED ABOUT THEIR HEALTH AND DUST PNEUMONIA IN THEIR CATTLE, Name, Address, and Telephone Number of Owner or Operator of Property: MIKE NESS • Other Information: MIIIMMEM Follow-up: • ASK THE COMPLAINANT TO PUT THIS INFORMATION IN WRITING AND SEND THE SAME TO: CLERK TO THE BOARD, P. O. BOX 758 , GREELEY, CO 80632 . \ WELD COUNTY HEALTH DEPARTMENT COMPLAINT RECORD Date 3 1-91 Hour /1)26 A 2Z3-9 J Location: No_ NI raaDiQ LI r� a � Ru ccupant rn ' Owner , ‘-L lu1 e CS S Address Complainant I Crn I,nx,.)CIA Address Phone cJ!!r3ly- 702)6 Nature of Complaint '. r n 0. C`kf�->� 1 AinP,c Nn ervi i Q ck Q n u-e. yn Cct 1} I P . Received by: O` Investigation: r by: /Date: / Action: c. o mry it armAi Oftry 2,0 i�) r n49 by:O (kDate: 3 �2i-9/ r y , Follow-up: by: Date: __ .-- Final Disposition: by: Date: - 15-79-167 • s .�.- >r.R�F! >}yx +✓ 3 H.v+..c9wA?k� �+. x hc.r v �: +r�.�`: a ..,. ♦ ,.,r. .o `,• • •�� J Y � 7 , � .�"s o a�'•rti+xrv,^+£ ",'+c�,q; Y� ?: -rs's-:. w...c ,.,,:�w...rognnoti l�•` ... ., ,, - „ .- `2� !`ht •'�'nwk�? a�: .�t+ #a•�-,t�.r`�,'fb.'.. x - , t !"h ' t C" ,a,,, S r�' IC (f1�RY A[yj�FEUEREIN. rk and Recorder, Weld County, Colorado i/J C� - STCle _ Baca -v f.-P AMENDED RECORDED EXEMPTION NO. I3G FI4-2- R E 33 6 _-.-_ ) _ PART` N1/2 , NW !/4, SEC. 14, T2 N, R65W, WELD COUNTY ,COLORADO..--— • ee NW Cor - _ N I/4 Corner o Sec. 14 Sec.l4. - - N90°0000°E-2662.28 in _n 147.00 2090.28 425.00- _ N a f3 tO N m I o .11 3 N � Min ?_ - - N V BO n N o M F ° ; r N 3 z c . v N - e m -� .4700 LOT B o N'"�-- 65.722 Acres- ? LOT A -o °O N89°38�20HE 12.925 0 Z Acres* 2 2236.95 425.00 do (/,"1 589°57'14°W-2661.95 0 SW Cor NI/2, (SE Cor. NI/2, NW 1/4, Sec.14. - 11 NW 1/4,Sec.14. LOT A : 12.925 Acres* LOT B : 65.722 Acres*: SCALE: 111=4001 TOTAL: 78.647 Acres* N. 0 — Steel Pin - ' �T ii j • lr _ .0 . II 12 OWNERS: Weld County Road 22 FRED BREWER &—ETHEL - 22260 I. BREWER rt,L0T A 22260 Weld County Road 22 HUDSON, COLORADO 80642 and . " DELBERT A. BREWER 8- JANET M. BREWER 22432 Weld County Road 22 15 14 13 HUDSON, COLORADO 80642 , ,- - �-, . ALPHA - ENGINEERING , - ; P.O. BOX ; 392 . ` FT. LUPTON, CO 80621 22 23 24 LOCATION MAP APRIL 17, 1981 SCALE:I°=2000 '91O229 N • ' SHEET i OF 2 ._- _ - - _ _ _ _ • RECORDED EX NIPTION N0 . 1307- - 2 - RE 338 LEGAL DESCRIPTION : LOT A & B The North one-half of the Northwest one-quarter of Section 14, Township 2 North, Range 65 West of the 6th Principal Meridian, Weld 4/ County, Colorado, subject to the R . O.W. for County roads . �/n a Contains 80 Acres, more or less . . /V LOT B Alp. The part of tke North one-half of the Northwest one-quarter of Section 14, Township 2 North, Range 65 West of the 6th Principal Meridian, Weld County, Colorado, described as : Beginning at the North- west corner said North one-half Northwest one-quarrer; thence N90°00' 0011E on an assumed bearing along the North line said North one-half Northwest one-quarter a distance of 2261 . 97 feet to the true point of beginning; thence continuing N90°00' 00"E along said North line a distance of115.00 feet; thence S00°00' 00"W a distance of 378 . 48 feet; thence S90°00' 00"W a distance of 115.00 feet ; thence N00°00' 00"E a distance of 378.48 feet to the true point of beginning . Subject to County road R .O.W. , Contains 1 . 00 Acres, more or less . SURVEYOR ' S CERTIFICATE : i' .I _. 1, , ,'',: I hereby certify that this plat was prepared under my supervi a ; and that the same is correct to the best of my knowledge and hee3,i��,f 4, , e , ��1_, ,,,tbk 11 i N.ward ind , Jr. 1 �y ;�'t/� rp' ,,, Colorado P. E. & L. S . No. 2730 ,9/7 I��; E4 ...n I , Fred Brewer, being the sole owner in fee of the above described ', ;rA ;r ;,; property do hereby subdivide the same as shown on the attached map. redBrewer The foregoing certification was acknowledged before me this /y day of � , _ '-2,3 A.D. , 197 73--- . /"'' Commission Expires : 9- . 71- 7j' Notary Public Cyr :ri - �0 .� 2 Witness My Han an eat"1 The accompanying plat is accepted and approved for filing . i airm i o e oar d of oun y ommissioner��``s ATTEST : County Clerk ‘711� 14,44 Q41144t711 a Date t; Ceit / Dl STATE OF COLORADO 1} ss. COUNTY OF WELD I HEREBY CERTIFY THAT THIS INSTRUMENT ,, _ W SgFILED FOR REC(.Dg3 1 e, NIA W:: ti1�.( l3..•.tCt _ . �� . . AND IS DULY RECORDED IN BOOK NO.. ,, . . 4 1' I `. coma ‘i 1 + X411% DEPUTY �, „ 79. � �: r;Ha Cy P 1 ,y,' 4:1;;;',,, ' -,, i'i.i4g��"� 11f�:1,+' �i UR +.. . SlLP/7 / ie ;. ' �� .n P`1 . w.. _ .. __.. _ .. • ° RECORDED E' XEMPTION NO. .-O7- 14 - 2- RE 338 or 1'766934 f. m a-' 1 J 5 • N.W. COR. SEC. 14, t._ CO. RD. 22 N.E. COR. SEC. 14, T. 2N , R. 65 W. t T. 2N., R. 65 W. __ __ _ N. 90° 00' 00° E. 2640' ± - - - _ ^_- _,1 2261 . 97' N.00° 00 001E.---.1* ,e g 378. 78 �f9 � 2 LOT B — cillIci^ " �h 3 CONTAINS 1 .0 ACRE ,.1MORE OR L ESS `S. 90° oo'oo" w. fi * 115. 00' ti m .- -0 N LOT A 0 � CONTAINS 79 . 0 ACRES 1 0 MORE OR LESS ui 4 ° 26 40' ± ' SCALE : I"- 500' .c/ ° -peno les 7 6 ar #' /CJD.9Tic Cr 5;71: S.W. COR. SEC. 14, T. 2N., R. 6 5 W. • WELD CO. RD. 22-- ,,, LOT A -"LOT B k f' r, 14 N SCALE : i°= 2000 ' 1 1 LOCATION MAP .i.,i • i,:. t ' d, k i'1 '1 I 4(. 1 ,k' � 1 ' i , _ !*�� 4fdj11 i dk� jib r i i k +i. J °'�I��( M 1 �41 41tui,iiii#µkrol ;r y,1:' s 1 1I 1.t I. 41. ., , . Shoe/ ' l°i2 etw ` e4� �Dy(o MARY ANP fUERSTEIN. Clerk and Recorder, We' ' County, Colorado 1.0 , I AMEIN DED RECORDLD EXEIAPTlON N0. 1307-14-2- R E 33 6 , PART - N 1/21 NW 1/41 SEC.141 T2 N1 R65W/ WELD COUNTYICOLORADO. --- 1 _ N 1/4 Corner NW Cor 'o Sec. 14 Secr - - N90°00'00"E-2662.28 4 _n 00. �_� 2090.28 425.00- ° - —. 0 4n4 CO • K <,c u I< _• w N olo < N n ,�„II'. `b iv V h � a, m a _ ( 1/1 _ 3 • - [r{ ; N - •e a LOT B a - W _ 147.00 LOT A a O°NB9°3820°E 65.722 Acres* 12.925 0 = Acres* 2 r . a a- 1 a 2256.95 425.00 L ° S89°57'14"W-2661.95 / SW Cor N1/2, `SE Cor. N1/2, NW I/4,Sec.14. a NWI/4,Sec.14. LOT A : 12.925 Acres* - LOT B : 65.722 Acres*. SCALE: 111=4001 TOTAL': 78.647 Acres* .. 0 — Steel Pin ; " .• • i • •N - 10 . 11 12 OWNERS: Weld c°only Road 22 FRED BREWER Br �,�„/// ETHEL I. BREWER �/// 22260 Weld County Road 22 I or 9 , Lor a HUDSON, COLORADO 80642 �� and DELBERT A. BREWER 8r . JANET M. BREWER 22432 Weld County Road 22 15 14 - 13 HUDSON, COLORADO 80642 • / w Y_h:., .. .. 1 :, ALPHA ENGINEERING • . , P.O. BOX . 392 : . ° FT. LUPTON, CO 80621 22 23 24 LOCATION MAP 91C-`,22.9APRIL IT, 198) "•� ��`-'��_ SCALE:111=20001 N - SHEET i OF 2 , • PURPORTED COPY. C -_. ..,......�.._ AMENDED RECORDED EXEMPTION NO. I307-I4-2-RE338 ECAL DESCRIPTION: I%'P ay- -EL ti9 S�S/�/ The N 15 of the NW 4 of ,Section 14, Township 2 Norte, Range 65 West of the 6th P.N:. , Weld County, Colorado, being more particularly described as : Beginning at the Northwest corner of said Section 14; thence N90°00' 00"E along the North line o£ said N 15, NW4, on an assumed bearing a distance of 2662.28 feet to the Northeast corner of said' N 15, NW 4; thence 800°20 ' 51"E along the East line of said N 15, NW 4, a distance of 1324.55 feet to the Southeast corner of said North Z, NW 4; thence 589°57 '14"W along the South line of said N 1/2, NW 4, a distance of 2661 . 95 feet to the Southwest corner of said N 1, NW 4; thence N00° 21 ' 40"W along the West line of said N 1/2, NW i, a distance of 1326.68 feet to the POINT OF BEGINNING. Contains : 81.012 Acres more or less, Except: A parcel of land in the Northwest one-quarter of Section 14, Township 2 North, Range 65 West of the 6th P.M. Weld County, Colorado, described as : Beginning at the Northwest corner of said Section 14; thence S00°21 '40"E along the West line of said Section . 14, a distance of 701 .21 feet; thence N89° 38 ' 20"E a distance of 147.00 feet; thence N00°21 ' 40"W parallel to the West line of said Section 14, a- distance of 700.28- feet-toia_pointIon_the North line of said Section 14, thence N90°00 ' 00"W along said North line a distance of 147 .00 feet to the POINT OF BEGINNING. CONTAINS: 2.365 acres more or less, Balance containe 78 .647 Acres more or less. LEGAL DESCRIPTION LOT A: A parcel of land in the NE 4, NW4 of Section 14, Township 2 North, Range 65 West of the 6th P.M. , Weld County, Colorado, described as : Beginning at the North corner of said Section 14; thence 500°20' 51"E along the North-South centerline of said Section 14, a distance of 1324.55 feet to the Southeast corner o£ said NE 4, NW 4 of Section 14; thence S89°57 ' 14"W along the South line of said NE 4, NW 4, of Section 14, a distance of 425 .00 feet; j thence N00°20' 51"W parallel with the North-South centerline of said Section 14, a distance of 1324.87 feet to a point on the North line of said 14; thence N90°00 ' 00"E along said North line of Section 14 a distance of 425.00 feet to the ,POINT OF BEGINNING. CONTAINS : 12 .925 acres more or less. ,50103.. SURVEYOR' S CERTIFICATE O+ , 0 o �� I hereby certify that this plat was prepared by me and under my supery rs v r` and that the same is correct to the best of my knowledge and bel±467 FZ 1' t" otrfit Cecil R. Crowe P.E. & L.S. '12330 ` 6J and Delbert A. Brewer and Janet M. Brewer . el 1O We, Fred Brewer and Ethel I. Brewer Abeing the sole owners in fee of the above described property do hereby subdivide the same as shown on the attached map. Fred Brewer Ethel I. Brewer Delbert A.Brewer __: Janet M. Brewer The foregoing certification was acknowledged beforeme this -c �? day of �n A. D. ,, 19 0/ if e5 My Omission ExpiRei : dory of 7 ife5 ,jama d\r ' A / ., pt O a ; Notary Public AV.: r O 1f ~ Witness My Hand and Seal .d ..?i-_ The Accompanying plat is ac epted and approved for •filin>�Rit. _ 791-- �, >. ytf `7. 'r .�Y CHAIRMAN OF THE BOARD OF COUNTY COMISSIONERS f "61,,rt" '.;_' - Q�;�+L � /7-` r, r ATTEST: tv County Clerk�` 2. r• . Dated jcv lk ; . q 6 . \• • • r • tstirl SHEET 2 OF 2. Hello