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RESOLUTION
RE: ACTION OF BOARD CONCERNING DUST BLOWING COMPLAINT - TRAVELERS
INSURANCE COMPANY
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 at its regular meeting on April 2, 1990,
considered a complaint concerning dust blowing from property
located in the SW} of Section 16, Township 4 North, Range 64 West
of the 6th P.M. , Weld County, Colorado, owned by Travelers
Insurance Company, and
WHEREAS, the Board deemed it advisable to continue this
matter to April 16, 1990 , to allow Bud Clemmons, the caretaker of
said property, to resolve this problem, and
WHEREAS, at the regular Board meeting of April 16, 1990 , the
Board was advised that the dust blowing problem has been resolved;
therefore, the Board deems it advisable to dismiss said complaint.
NOW, THEREFORE, BE IT RESOLVED by the Board of County
Commissioners of Weld County, Colorado, that the dust blowing
complaint on the hereinabove 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 16th day of
April, A.D. , 1990 .
BOARD OF COUNTY COMMISSIONERS
ATTEST: ‘7279WEL UNTY, COLORADO
Weld County erk and Recorder
and Clerk to the Bo d e�n�e/+R. Bran er, Chairman
y: George 'ICennedy, Pro-
eputy County lerk
APPR VED AS TO FORM: egalW.eHar rt
4
- C.W. Kir y
County 12.;;;;e::2=- -_- .
Gord acy
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I� Board of County
To rnmmisstonrrs Date April 9, 1990
COLORADO From Bruce T. Barker, Assistant Weld County Attorney
subject: Dust Blowing Complaint Against Travelers
Insurance Company
As you may recall, a dust blowing complaint against the Travelers
Insurance Company for property located in the East } of the
Southwest I of Section 16-4-64, was continued from Monday, April
2, 1990 , to Monday, April 16, 1990 . We continued the case with
the understanding that Mr. Bud Clemmons, caretaker for the
property, would be voluntarily administering remedial measures
within the week.
I received a telephone call from Ron Miller, Soil Conservationist,
on Wednesday, April 4, 1990. Ron said that Mr. Clemmons had
"roughed up" the subject property over the weekend of March 31 -
April 1, 1990 . Ron believes that Mr. Clemmons' remedial measures
and his intention to plant a crop on the property sometime within
the next few weeks should take care of the dust blowing problem.
I therefore recommend that the Board dismiss the Dust Blowing
Complaint against Travelers Insurance Company.
"trifce T. Barker
Assistant Weld County Attorney
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94 ]23
. UNITED STATES ' 43'' West 9th Street Road
DEPARTMENT OF Soil onservation Service Greeley, Colorado 80634
AGRICULTURE Greeley Field Office (303) 356-6506
DTPC Iv
Apr_ i 1 9, 1990
kI�K ? 1990
IIAT-ToR COUNTY
Bruce Barker- DRNEY'S OFFICE
Asst . County .Attorney
Weld County Attorney ' s Office
P.O. Box 194
Greeley, CO 80632
SUBJECT: Dust Blowing Complaint of Property located in the Southwest
Quarter (SW 1/4) of Section 16, Township 4N (T4N) Range 64W
(R64W) of 6th P.M. Weld County, Colorado
Dear Mr. Barker : •
I was contacted by Bud CI ernrnons , Caretaker- for Traveler ' s Insurance
Company on Apr i 1 2, 1990. Mr . G I ernrnons advised me that he had been able
to get in to the above mentioned property on Saturday and Sunday March
31 and Apr- i I 1 respectively and performed surface roughening . On Apr i l
3, 1990 I made a field i nspect i or, and verified that surface roughening
has been performed n the East 1/2 SW 1/4, Section 16, T4N R64W. The
surface area of two pivot sprinklers has been roughened in strip in NE
to SW direction . Currently the surface is adequately roughened to
prevent further soil blowing until the producer- can start seedbed
preparation for planting the spring crop .
If you have any further questions or if I can be of further assistance ,
please contact rne .
S ' , -el 'y,
Ronald D. Mi 1 ler
District Conservationist
Greeley Field Office
RDM/tas
900323
RESOLUTION
RE: ACTION OF BOARD CONCERNING DUST BLOWING COMPLAINT - TRAVELERS
INSURANCE COMPANY
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 SW} of Section 16 , Township 4 North, Range 64 West of the
6th P.M. , Weld County, Colorado, said property being owned by
Travelers Insurance Company, and
WHEREAS, pursuant to the information referred to above, a
hearing before the Board was held on April 2, 1990, at which time
the Board deemed it advisable to continue this matter two weeks to
allow Bud Clemons, the caretaker of said property, to resolve this
problem.
NOW, THEREFORE, BE IT RESOLVED by the Board of County
Commissioners of Weld County, Colorado, that said dust blowing
matter be, and hereby is, continued to April 16, 1990 .
The above and foregoing Resolution was, on motion duly made
and seconded, adopted by the following vote on the 2nd day of
April, A.D. , 1990.
BOA COUNTY COMMISSIONERS
ATTEST: WEL LINTY,, COL O
Weld County lerk and Recorder f
and Clerk to the Board ene R. Bran er, Chairman
MC a
'
K
BY; nlc-ni a0 / { Taic•s(.r[� George ennedy, Pro-Tem
Deputy County Clerk
easirn.....g...tewt.4.6..._____
APPROVED AS TO FORM: tance L. Harbert
` ii�---- C.W.C.W. K
tzfr .2-2e-s.--- i re:- 4_ County Attorney EXCUSED
Gordon E. Lacy
900323
EX po// "'I '4478, 4 � � 7;-a . tw.v. ... :/ - 900285
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Art (,/, ‘ ,(flail\ MARY ANN FEUERSTEIN
WELD COUNTY CLERK AND RECORDED
P.O. BOX 758
GREELEY,COLORADO 80632
C. (303)356-4000 EXT.4225.
OLORADO March 27, 1990
Travelers Insurance Company
c/o C.R. Clarel
5299 DTC Blvd., Suite 810
P.O. Box 17480
Denver, Colorado 80217-0480
RE: Dust Blowing Complaint for Property Located in SW}, of Section 16,
Township 4 North. Range 64 West of the 6th P.H. , Weld County, Colorado
Dear Sirs:
The Board of County Commissioners of Weld County, Colorado, has been
informed that dust is blowing from a parcel of lend 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,
April 2, 1990, 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,
Mary Ann Feuerstein
Weld County Clerk and Recorder
.r
Deputy County Clerk\
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116Hs ( ^ OFFICE OF COUNTY ATTORNEY
PHONE(303)358.4000 EXT.4391
P.O.BOX 1948
GREELEY,COLORADO 80632
!IDc.
LORADO
March 27, 1990
Ron Miller
U.S.D.A. Soil Conservation Service
4302 West 9th Street Road
Greeley, CO 80634
RE: Dust Blowing Complaint for Property Located in the SWI , of
Section 16, Township 4 North, Range 64 West of the 6th P.M. ,
Weld County, Colorado
Dear Ron:
As per our telephone conversation of March 26, 1990, the Board of
County Commissioners has received a dust blowing complaint for
property located in the SW} of Section 16, Township 4 North, Range
64 west of the 6th P.M. , Weld County, Colorado.
It is my understanding that you or someone form 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 County Commissioners has been set for Monday, April 2,
1990. Therefore, I would like to receive this report as soon as
possible 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, extension 4391.
Very truly yours,
C /
Bruce T. Baker
Assistant County Attorney
BTB:rm
900323
tt
OFFICE OF COUNTY ATTORNEY
PHONE(303)356-4000 EXT.4391
P.O BOX P.O.BOX 1948
GREELEY,COLORADO 80632
•
OLORADO
March 27, 1990
Gene Chenoweth
20938 WCR 53
LaSalle, CO 80645
RE: Dust Blowing Complaint for Property Located in the SW} , of
Section 16, Township 4 North, Range 64 West of the 6th P.M. ,
Weld County, Colorado
Dear Mr. Chenoweth:
Thank you for calling in a dust blowing complaint on March 22,
1990. Your complaint concerns property located in the SW} , of
Section 16, Township 4 North, Range 64 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. •
Based upon the information supplied in your telephone call, 'the
Board of County Commissioners has asked for an inspection of the
0
. Gene Chenoweth
Page 2
March 27, 1990
subject parcel. The inspection will determine the extent and
effect of the dust blowing.
The Board of County Commissioners will hear the matter of the dust
complaint on Monday, April 2, 1990 , at the Board' s regularly
scheduled meeting. The meeting will take place at 9 :00 a.m. , on
that date in the Board' s First Floor Meeting Room, Centennial
Center, 915 10th Street, Greeley, Colorado. You may wish to be
there on that date so as to inform the Board of your property
damage and the extent 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,
ruck a T. Barker
Assistant County Attorney
BTB:rm
900323
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