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Home My WebLink About920456.tiff RESOLUTION RE: ACTION OF BOARD CONCERNING DUST BLOWING COMPLAINT - SECTION 22, TOWNSHIP 8 NORTH, RANGE 64 WEST OF THE 6TH P.M. , 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) , CRS, that dust is blowing from property located in the SE'y of Section 22, Township 8 North, Range 64 West of the 6th P.M. , Weld County, Colorado, said property being owned by John and Patricia A. Cullen, 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 May 18, 1992, at which time the Board deemed it advisable to continue said matter to May 27, 1992, and WHEREAS, at said hearing of May 27, 1992, John P. and Patricia A. Cullen, landowners, were not present at said hearing, and WHEREAS, after testimony and review, the Board deemed it advisable to dismiss said matter. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld County, Colorado, that the dust blowing complaint concerning property owned by John P. and Patricia A. Cullen be, and hereby is, dismissed. The above and foregoing Resolution was, on motion duly made and seconded, adopted b the followin vote on the 27th day of May, A.D. , 1992. 4/�// BOARD OF COUNTY COMMISSIONERS ATTEST: I��7/� WELD COUNTY, COLORADO Weld County Clerk to the Board �.--.- /("(. 'L ///r= George Kett edy, Chairman' BY: Gd { 'la≤ L ", c c l� `zz�t — �_��it Deputy Clerk to ihiihhe Boars]_ Constance L. Harbem APPROVED AS TO FORM: EXCUSED C. W. Kirby zu�a� i 1) 771 `j/Cj a Coun ty Attorney Go . L W. H. W �� ebster 920456 (-X / 1`, 11 cc , L14 , i x1 `kit.. -c.-c,vs . , CL(ticvi cz„riA, United States SOIL 4302 W. 9th Street Road Department of CONSERVATION Greeley, Colorado 80634 Agriculture SERVICE phone --- (303) 356-6506 Ma , 992 Bruce T. Barker o P`� 111 �% Assistant Weld County Attorney l" Weld County. Colorado "I Office of County Attorney 11„Y 221992 IlI P.O. Box 1948 '., 2`J) Greeley, Colorado 80(32 \w,LLD COUNTY ATTORNEY'S OFFICE RE: Dust Blowing Complaint for Property located in the Southeast Quarter of Section 22 , Township £ North, Range 64 West of the Gth P.M. , Weld County, Colorado. Dear Mr. Barker, As requested, a field visit was made on May 12 , 1992 and again on May 19 , 1992 , to the property located in the Southeast Quarter of Section 22 . The area in question is in a wheat-fallow rotation and there is evidence of soil movement in the field. We met with the operators to discuss temporary and long term control options. We recommend planting millet, sudan, sudax, etc . on the areas where the growing wheat has blown out. We also recommend that the fallow areas with little or no residue on the soil surface, be planted to a temporary cover or have about 10-15 tons/acre chunk manure applied. The remaining fallow areas with 200 to 300 pounds/acre dry wheat residue could have manure applied, or could be tilled with a wide spaced chisel or ripper to roughen the soil surface if additional erosion occurs. The operator has already done some emergency tillage on the eroding areas. The operator needs to avoid extra tillage operations to preserve as much residue as possible for erosion protection through the fall and next winter. We will follow-up on the tract this fall to verify the residue levels. I 'm sorry for the delay in returning this to you, but I needed technical assistance from our Area Agronomist. Sincerely, 4 Frank R. ggle District Conservationist 920456 gin , t � V CLERK TO THE BOARD F.O. Box 158 GREELEY, COLORADO 80632 (303)356-4000 EXT. 4225 WI C. COLORADO May 5, 1992 Jon' P. Cullen Patricia A. Cullen 6050 West 26th Street Greeley, Colorado 80634 RE: Dust Blowing Complaint for Property Located in SEi of Section 22, Township 8 North, Range 64 West of the 6th P.M. , Weld County, Colorado Dear Mr. and Mrs. Cullen: 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- 72-102(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. The Board will hear the matter at its regularly scheduled meeting on Monday, May 18, 1992, 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. 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 By �P < Deputy CleA to the Board 92,01155 92O4zJ (Nelms) . n al Bruck T1'_ ,i.._ .1,e�_ OFFICE OF COUNTY ATTORNEY PHONE(303)356 4000 EXT. 4391 I � P.O. BOX 1948 �� 1111 GREELEY, COLORADO 80632 Nig C. COLORADO May 6 , 1992 Margaret Nufbaum 47 ,58 Weld County Road 57 Ault, CO 80610 RE: Dust Blowing Complaint for Property Located in the Southeast Quarter of Section 22 , Township 8 North, Range 64 West of the 6th P.M. , Weld County, Colorado Dear Ms . Nufbaum: The Board of County Commissioners has received your telephone complaint regarding dust blowing from the Southeast Quarter of Section 22 , Township 8 North, Range 64 West of the 6th P .M. , Weld County, Colorado . According to your complaint, the dust blowing has limited visibility on WCR 57 and has filled up the borrow ditches along the roadway. Based upon the information supplied in your telephone call, the Board of County Commissioners has asked for an inspection of the parcel by the Soil Conservation Service. The inspection will determine the extend and affect of the dust blowing. The matter has also been set for hearing on Monday, May 18, 1992 . The hearing will take place at 9 : 00 a.m. , in the Board of County Commissioners ' Meeting Room on the first floor of the Centennial Center Building, 915 Tenth Street, Greeley, Colorado. You may be in attendance at that hearing in order to give testimony as to the damage caused by the dust blowing. I respectfully request that you provide the Board of county Commissioners with a note or letter describing the following: 1 . Your name, address , and telephone 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. 9 2 t but Margaret Nufbaum Page 2 May 6 , 1992 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 in accordance with the procedures set by state statute and by the Board . Please send this information to : Bruce T. Barker, Assistant Weld County Attorney, P . 0. Box 1948 , Greeley, CO 80632 . It is important that I receive this information as soon as possible. If you should have any questions or comments concerning this letter, please feel free to call me at 356-4000, Ext. 439L . Sincerely, / � /-1--,,-4-- ruce T. Barker Assistant Weld County Attorney BTB: rm 9a1;55 OFFICE OF COUNTY ATTORNEY ett ‘# 1 PHONE(303)3564000 EXT 4 391 P.O. BOX 1948 GREELEY, COLORADO 80632 COLORADO May 6 , 1992 Frank Riggle, District Conservationist Soil Conservation Service United States Department of Agriculture 4302 West 9th Street Road Greeley, CO 80634 RE : Dust Blowing Complaint for Property Located in the Southeast Quarter of Section 22, Township 8 North, Range 64 West of the 6th P.M. , Weld County, Colorado Dear Mr. Riggle: This letter is a follow-up to my May 4 , 1992 , letter regarding a dust blowing complaint received from Margaret Nufbaum, 47458 Weld County Road 57 , Ault, Colorado . I spoke with Ms . Nufbaum at approximately 3 : 30 p.m. , on Monday, May 4 , 1992 . Ms . Nufbaum described to me that the property from which the soil is blowing is actually located north of Weld County Road 90 and west of Weld County Road 57 . The soil blows from that parcel across WCR 57 and WCR 90 and onto property owned by the Federal government located in Section 26 , Township 8 North, Range 64 West. Therefore, I respectfully request that your office provide an inspection of the property in the Southwest Quarter of 22-8-64 . I also request that your staff provide a description of what the inspection reveals and recommendations for remedial action in writing. I have set this matter for hearing on Monday, May 18, 1992 . I would very much appreciate receiving this writing prior to that date. Please note that the records of the Weld County Assessor state that the owners of the Southeast Quarter of 22-8-64 are John P. and Patricia A. Cullen, 6050 W. 26th Street, Greeley, CO 80634 . Their telephone number is 330-3808 . ',' rrp- Frank Riggle Page 2 May 6 , 1992 If you should have any questions regarding this letter, please feel free to call me at 356-4000, Ext. 4391 . Sincerely, Bruce T. Barker Assistant Weld County Attorney BTB:rm 92C455 OFFICE OF COUNTY ATTORNEY PHONE(303)356-4000 EX T. 4391 P.O. BOX 1948 GREELEY,COLORADO 80632 ((, /1 �• COLORADO May 6 , 1992 Frank Riggle, District Conservationist Soil Conservation Service United States Department of Agriculture 4302 West 9th Street Road Greeley, CO 80634 RE: Dust Blowing Complaint for Property Located in the Southeast Quarter of Section 22, Township 8 North, Range 64 West of the 6th P.M. , Weld County, Colorado Dear Mr. Riggle: This letter is a follow-up to my May 4, 1992, letter regarding a dust blowing complaint received from Margaret Nufbaum, 47458 Weld County Road 57 , Ault, Colorado. I spoke with Ms . Nufbaum at approximately 3 : 30 p.m. , on Monday, May 4, 1992 . Ms . Nufbaum described to me that the property from which the soil is blowing is actually located north of Weld County Road 90 and west of Weld County Road 57 . The soil blows from that parcel across WCR 57 and WCR 90 and onto property owned by the Federal government located in Section 26 , Township 8 North, Range 64 West. Therefore, I respectfully request that your office provide an inspection of the property in the Southwest Quarter of 22-8-64 . I also request that your staff provide a description of what the inspection reveals and recommendations for remedial action in writing. I have set this matter for hearing on Monday, May 18, 1992 . I would very much appreciate receiving this writing prior to that date. Please note that the records of the Weld County Assessor state that the owners of the Southeast Quarter of 22-8-64 are John P. and Patricia A. Cullen, 6050 W. 26th Street, Greeley, CO 80634 . Their telephone number is 330-3808 . 926456 ti /\ Frank Riggle Page 2 May 6 , 1992 If you should have any questions regarding this letter, please feel free to call me at 356-4000, Ext. 4391 . Sincerely, Bruce T B ricer Assistant Weld County Attorney BTB:rm Hello